An officer:

Public officer vs. office

• is an individual whose responsibilities go
Section 1 beyond routine or manual tasks and involve
the exercise of judgment and discretion in
• holding a public office is not a personal executing governmental duties.
privilege • (discretion refers to the authority granted to
• but a responsibility entrusted by the people. a person to make judgement within the laws
• Public officials are expected to prioritize • This contrasts with a clerk or employee:
public interest over personal gain • whose roles are typically limited to clerical,
• Enforcement Mechanisms which is the manual, or routine functions without
Code of Conduct and Ethical Standards for discretionary authority.
Public Officials and Employees (Republic • they cannot make decisions beyond their
Act No. 6713) was enacted. duties, they merely do their functions
• It outlines norms of conduct such as provided
commitment to public interest,
professionalism, justness and sincerity, (b) Officer with Authority to Perform Specific
political neutrality, responsiveness to the Functions
public, nationalism and patriotism,
commitment to democracy, and simple The term “officer” also encompasses any
living. government employee, agent, or body vested with
the authority to perform specific acts or functions in
Let us differentiate an officer from Employee the exercise of governmental powers. This includes
individuals who may not hold high-ranking positions
Employee but are authorized to make decisions or take
actions that have legal or official implications.
• when generally used in reference to
persons in the public service, it includes any For example,
person ni the service of the government or
any of its agencies, divisions, subdivisions, Social Worker (in government programs): A
or instrumentalities. government-employed social worker, such as those
• This includes individuals holding positions in working in child welfare or public health programs,
a casual, temporary, holdover, permanent, may have the authority to make critical decisions
or regular capacity. regarding placements, family interventions, or
welfare benefits. While not holding a top position,
Examples: their decisions can have significant legal and social
consequences.
• National Government Employees
• Health workers, Educational Institutions
• Local Government Employees
A public office is a position created by law that
Public Officer vests an individual with a portion of the
government's sovereign powers, to be exercised for
• A public officer is an individual who holds a the benefit of the people. If is a public trust and
position of authority in the government, must be exercised with accountability, integrity, and
either through election or appointment, and efficiency.
is entrusted with the exercise of discretion in
performing governmental functions Legal Basis:
• Their duties are not merely clerical or
manual but involve decision-making powers Let’s understand the whole section:
and the implementation of policies.
• Examples include cabinet secretaries, “A public office is a position created by law…
department secretaries, and agency heads.
• Public office does not exist on its own—it is
(a) Officer as Distinguished from Clerk or Employee established through laws passed by the
government. These laws define the roles,
 powers, responsibilities, and limits of the Lacson vs Roque
office.
• This ensures that the authority given to Lacson v. Roque is about the suspension of Manila
public officials is legitimate, regulated, and Mayor Arsenio Lacson by President Elpidio Quirino
grounded in the Constitution and legal after Lacson was charged with libel. The Supreme
framework. Court ruled that the President had no legal authority
to suspend an elected local official without due
”…that vests an individual with a portion of the process or express statutory grounds. The case
government’s sovereign powers emphasized the limits of presidential power and
upheld the autonomy of local government officials.
• When someone holds a public office, they
are entrusted with part of the government’s Public officers are individuals who hold positions in
authority—such as making decisions, the government and are entrusted with performing
enforcing laws, or managing public funds. public duties. They can be either elected or
• This power is not personal; it is borrowed appointed, and they serve in various branches,
from the people through democratic levels, and sectors of the government.
processes and must be used with great care
and responsibility.

”…to be exercised for the benefit of the Examples of Public Officers:

people.”
1. Elected Officials
• The primary purpose of public office is
service. Government officials are expected • President and Vice President
to act in the best interest of the public, not
for personal, political, or financial gain. • Senators and Congressmen
• Their decisions and actions should aim to
improve the lives of citizens and uphold • Governors and Mayors
justice, fairness, and social welfare.
• Barangay Captains and Councilors
“It is a public trust…”
2. Appointed Officials
• This means that holding a public office is a
duty and responsibility. • Cabinet Secretaries (e.g., Secretary of
• The trust given by the people to their Education, Health)
officials is fundamental to democracy.
• Betraying this trust—through corruption, • Bureau Directors and Commissioners
abuse of power, or negligence—undermines
public confidence and the integrity of the • Judges and Justices
government.
• Military and police officers
”…and must be exercised with accountability,
integrity, and efficiency. 3. Other Government Employees

• Accountability: Officials must be answerable • Civil servants in national agencies (e.g.,

for their actions. They should be teachers, clerks, engineers)
transparent, open to scrutiny, and willing to
face consequences for misconduct. • Local government staff
• Integrity: Public servants must uphold
strong moral principles and honesty in all • Temporary or contractual personnel, if
their dealings. performing public functions
• Efficiency: They should use resources
wisely and perform their duties promptly and
competently, avoiding waste and delay.
Laurel v. Desierto involved Jose Laurel IV attention to their duties, and maintain public
challenging the Ombudsman’s investigation into his trust in government institutions.
approval of a government contract while he was
chairman of PNOC-EDC, alleging it was
disadvantageous to the government. The Supreme
Court ruled that the Ombudsman had the authority It underscores that public officials are stewards of
to investigate public officers for alleged violations of the authority vested in them by the people, and
anti-graft laws. The case affirmed that even high- they are expected to exercise this authority with
ranking officials in government-owned corporations utmost responsibility, integrity, loyalty, and
are accountable under the law. efficiency.

Laurel v. Desierto reinforces that public officers are A public office is not a property because it is a
not above the law, and that their official actions are position of trust granted by the people, not owned
subject to legal scrutiny to protect public interest by the individual holding it. It exists to serve the
and uphold good governance. public interest, not for personal gain or inheritance.
Therefore, it cannot be treated like private property
that can be sold, transferred, or passed down.

1. Constitution is deemed necessary as it will Because public office is not based on a private
always serve as a reminder to public officers of the contract, a person removed from office typically
"sacred character of their tasks" and a warning that cannot claim compensation or damages, as there is
"violation thereof would be nothing less than a no legal breach of contract. However, if the removal
sacrilege." Public officers are called "public violates constitutional protections (like due process
servants" because they receive their compensation or equal protection) or statutory rights (such as civil
from the public - the people who are their employer. service laws or tenure rules), then the officeholder
may have legal grounds to challenge the removal
2. government office is a trust for it is created for or seek remedies—not because of a contract, but
the sole purpose of effecting the end for which the because the law itself has been violated.
government has been instituted, which is the
common good and not for the profit, honor, or
private interest of any one man, family, or class of
men. Apublic official or employee, therefore, 1. Who Can Be Impeached?
occupies a very delicate position which exacts from
him certain standards which generally are not The section limits impeachment to high-ranking
demanded from or required of ordinary citizens. officials:

3. he should not place himself ni a position where • The President

his loyalty ot the people may clash with his loyalty • The Vice President
ot his own interest or those of his family or his • Supreme Court Justices
assosciates • Members of Constitutional Commissions
(Commission on Elections, Commission on
4. Constitution places certain prohibitions in the Audit, Civil Service Commission)
case of the President, Vice-President, members of • The Ombudsman
the Cabinet and their deputies or assistants (Art.
VII, Sec. 13.), the members of Congress (Art. VI, 2. Grounds for Impeachment:
Secs. 13, 14.), the members of the Constitutional
Commissions (Art. LX, Sec. 2.), and the • Culpable violation of the Constitution: A
willful disregard or intentional breach of
Ombudsman and his Deputies. constitutional duties (e.g., abuse of power).
• Treason: Betrayal of the country by aiding
• Prohibitions or disabilities on certain public enemies.
officials are legal restrictions designed to • Bribery: Accepting or giving bribes. Direct
uphold the integrity, impartiality, and bribery occurs when a public officer agrees
efficiency of public service. These measures to perform an act—whether criminal, unjust,
are essential to prevent conflicts of interest, or refraining from a duty—in exchange for a
ensure that officials dedicate their full gift, offer, or promise. Indirect bribery, on
the other hand, happens when a public
 officer accepts gifts offered by reason of • At least one Deputy each for Luzon,
their office, without any explicit agreement Visayas, and Mindanao
to perform a specific act.
• Graft and corruption: Misuse of public • A separate Deputy for the military
office for personal gain. establishment may also be appointed.
• Other high crimes: Serious offenses
affecting governance or the state. 3. Appointment
• Betrayal of public trust: A broad, moral
and political standard that includes actions The Ombudsman and Deputies are appointed by
not criminal but deemed unethical or the President from a list of at least six nominees
abusive.| prepared by the Judicial and Bar Council. For
subsequent vacancies, the list should contain at
Article 11, Sections 4-11 of the 1987 Philippine least three nominees. These appointments do not
Constitution outlines the impeachment process for require confirmation by the Commission on
public officials. It grants the House of Appointments. All vacancies must be filled within
Representatives the power to initiate impeachment three months after they occur.
proceedings, which, if approved, are forwarded to
the Senate to serve as the impeachment court. The 4. Qualifications
Senate, presided over by the Chief Justice,
requires a two-thirds vote for conviction, which may To qualify for the position of Ombudsman or
result in removal from office and disqualification Deputy:
from future public office. The process ensures due
process, prohibits politically motivated • Must be a natural-born citizen of the
impeachment, and forbids dismissal of cases Philippines
without a final judgment. Once an official is
acquitted, they cannot be impeached again for the • At least 40 years old at the time of
same offense, and impeachment decisions are appointment
final, though they don’t preclude criminal charges.
• Of recognized probity and independence

• A member of the Philippine Bar

Slide 9: Article XI, Section 5 of the 1987 Philippine
• Must not have been a candidate for any
Constitution establishes the independent Office of
elective office in the immediately preceding election
the Ombudsman, known as the “Tanodbayan.” This
office is tasked with investigating and acting on
• The Ombudsman must have been a judge
complaints against public officials and employees,
or engaged in the practice of law in the Philippines
ensuring accountability within the government.
for at least ten years.
1. Creation
5. Disabilities
The Office of the Ombudsman was created under
During their tenure, the Ombudsman and Deputies
Section 5 of Article XI of the 1987 Constitution. It is
are subject to the same disqualifications and
an independent body designed to uphold public
prohibitions as provided for in Section 2 of Article
accountability. Executive Order No. 243, issued on
IX-A of the Constitution.
July 24, 1987, declared the office’s effectivity and
operationalized its provisions.
6. Term of Office
2. Composition The Ombudsman and Deputies serve a term of
seven years without reappointment. They are not
The Office of the Ombudsman comprises:
qualified to run for any office in the election
immediately succeeding their cessation from
• The Ombudsman (also known as
office.
Tanodbayan)

• One overall Deputy

7. Appointment of Officials and Employees 1. Prescription:

Officials and employees of the Office of the The government’s right to recover ill-gotten wealth
Ombudsman, other than the Deputies, are is imprescriptible, meaning it is not barred by the
appointed by the Ombudsman in accordance with passage of time or legal deadlines.
the Civil Service Law.
2. Laches:

Delay or inaction (laches) by the government does

For more detailed information, you can refer to the not prevent it from recovering ill-gotten wealth, as
full text of the 1987 Philippine Constitution. public interest outweighs private delay-related
defenses.
1. Need for a Supplementary Institution
3. Estoppel:
• The establishment of the Ombudsman was
intended to complement existing The government is not estopped from recovering ill-
mechanisms for public accountability. While gotten wealth even if it previously failed to act,
other bodies like the Sandiganbayan and since estoppel cannot be used to legalize or protect
the Civil Service Commission existed, they unlawful gains.
were not sufficient to address all issues of
graft and corruption. The Ombudsman was • An example of ill-gotten wealth in the
envisioned as an independent institution Philippines is the Marcos family’s hidden
with the authority to investigate and assets.
prosecute public officials, thereby filling • After the fall of the Marcos regime in 1986,
gaps in the existing system. the Presidential Commission on Good
Government (PCGG) was created to
2. Sad Experiences in the Past recover assets believed to have been
acquired illegally. Billions of pesos in cash,
• Prior to the 1987 Constitution, various jewelry, art, and real estate—such as Swiss
attempts to combat corruption were bank deposits and properties in the U.S.—
undermined by political interference and were traced to the Marcoses, far exceeding
lack of independence. For instance, during their lawful income during their time in
the Marcos regime, the Tanodbayan (Office office.
of the Ombudsman) lacked autonomy and
was often used for political purposes. The
1987 Constitution sought to rectify these
shortcomings by creating an independent Section 16: Prohibition on Financial
Ombudsman with the power to act without Accommodations
fear or favor, ensuring that public officials
are held accountable for their actions. This section prohibits government-owned or
controlled banks and financial institutions from
3. Revival of People’s Faith in Government granting loans or financial accommodations for
business purposes to high-ranking officials—
• The People Power Revolution of 1986 including the President, Vice President, Cabinet
marked a significant shift in the Philippine members, legislators, justices, constitutional
political landscape, leading to a demand for commissioners, and the Ombudsman—or to any
greater transparency and accountability in firm or entity in which they hold a controlling
government. The creation of the interest, during their tenure. The aim is to prevent
Ombudsman was part of efforts to restore conflicts of interest and ensure that public officials
public trust by establishing an institution that do not use their positions to gain undue financial
could independently investigate complaints advantages.
against public officials and ensure that
justice is served. By empowering citizens to
seek redress and holding erring officials
accountable, the Ombudsman aimed to
rebuild faith in the government’s
commitment to serve the people.
Section 17: Statement of Assets, Liabilities, and
Net Worth (SALN)

Public officers and employees are required to

submit a declaration under oath of their assets,
liabilities, and net worth upon assuming office and
as often as may be required by law. This promotes
transparency and accountability, allowing for the
monitoring of any unexplained wealth or potential
corruption.

Section 18: Role of the Ombudsman in

Disciplinary Actions

The Ombudsman has the authority to recommend

disciplinary actions against public officials and
employees. This empowers the Ombudsman to act
as an independent watchdog, ensuring that
misconduct is addressed and that public officials
are held accountable for their actions.