LEGAL FRAMEWORK

OF PUBLIC

ACCOUNTABILITY

Atty. Rex R. RojasOffice of the Ombudsman

OVERVIEW

I. Public Accountability in GeneralII. Constitutional ProvisionIII. Exacting Accountability in the Public Sector

Sec. 2, 4 & 7, RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) b) Concept of Public Officer and the Three-fold Liability Rulec) Sec. 2, RA 6770 (Ombudsman Act of 1989)d) Sec. 1, RA 3019 ( Anti-Graft and Corrupt Practices Act)e) Sec. 2, RA 9485 (Anti-Red Tape Act of 2007)

IV. Administrative AdjudicationV. Preliminary Investigation

PUBLIC ACCOUNTABILITY IN GENERAL

Public accountability is the hallmark of modern democratic governance.

(Chapter 8, The Oxford Handbook of Public Governance by Mark Bovens)

Accountability means ensuring the officials in public, private or voluntary sector organisations are answerable for their actions and that there is redress when duties and commitments are not met.

(www.transparency-initiative.org)

FUNCTION: DEMOCRATIC CONTROL

ACCOUNTABILITY RELATIONSHIPS/FORUM

Organizational AccountabilityPolitical AccountabilityLegal AccountabilityAdministrative (Quasi-legal forum)Professional Accountability (Chapter 8, The Oxford Handbook of Public Governance by Mark Bovens)

CONSTITUTIONAL PROVISION

ARTICLE XI.SECTION 1.

PUBLIC OFFICE IS A PUBLIC TRUST. PUBLIC OFFICERS AND EMPLOYEES MUST AT ALL TIMES BE ACCOUNTABLE TO THE PEOPLE, SERVE THEM WITH UTMOST RESPONSIBILITY,

INTEGRITY, LOYALTY, AND EFFICIENCY, ACT WITH PATRIOTISM AND JUSTICE, AND LEAD

MODEST LIVES.

RA 6713

“It is the policy of the State to promote a high standard of ethics in public service. Public officials and employees shall at all times be accountable to the people and shall discharge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotism and justice, lead modest lives, and uphold public interest over personal interest”.

RA 6713

Section 4

Norms of Conduct of Public Officials and Employees

a) Commitment to Public Interestb) Professionalismc) Justness and Sincerityd) Political Neutralitye) Responsibility to the Publicf) Nationalism and Patriotismg) Commitment to Democracyh) Simple Living

RA 6713 SECTION 7

PROHIBITED TRANSACTIONS

a) Financial and material interestb) Outside employment and other activitiesc) Disclosure/misuse of confidential informationd) Solicitation or acceptance of gift

PUBLIC OFFICERS

"Public officer" includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government. (Sec. 2 (b), RA 3019)

"Public Officials" includes elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. Sec. 3 (b), RA 6713

Characteristics of Public Office

•Delegation of sovereign functions (legislative, executive, judicial) of the State to an individual.•Exercised for a time being.•For the benefit of the public.

states that the wrongful acts or omissions of a public officer may give rise to civil, criminal and administrative liability. An acti on for each can proceed independent ly of the others .

THREE-FOLD LIABILITY RULE

Office of the Court Administrator v. Enriquez, 218 SCRA 1

RA 6770

SECTION 2

“The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption”.

Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives”.

RA 3019

“It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto”.

RA 9485

“It is hereby declared the policy of the State to promote integrity, accountability, proper management of public affairs and public property as well as to establish effective practices aimed at the prevention of graft and corruption in government. Towards this end, the State shall maintain honesty and responsibility among its public officials and employees, and shall take appropriate measures to promote transparency in each agency with regard to the manner of transacting with the public, which shall encompass a program for the adoption of simplified procedures that will reduce red tape and expedite transactions in government.”

ADMINISTRATIVE ADJUDICATION

The essence of due process is simply to be heard, or as applied to administrative proceedings, an opportunity to explain one’s side, or an opportunity to seek a reconsideration of the action or ruling complained of.

ADMINISTRATIVE DUE PROCESS

Office of the Ombudsman v. Reyes G.R. No. 170512, October 5, 2011

ADMINISTRATIVE ADJUDICATION PROCESS

VERIFIED COMPLAINT

ORDER TO FILE COUNTER-AFFIDAVIT

ORDER OF PREVENTIVE SUSPENSION

RESPONDENT’S COUNTER-AFFIDAVIT

ORDER TO FILE POSITION PAPER

(both parties)

CLARIFICATORYHEARING

DECISION

PRELIMINARY INVESTIGATION

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

- Executive function- Determination of probable cause

Probable cause; definition. Probable cause is defined as the existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. George Miller v. Secretary Hernando B. Perez, et al, G.R. No. 165412, May 30, 2011.

Probable cause; determination. To determine the existence of probable cause, there is need to conduct preliminary investigation. xxx It is well-settled that the determination of probable cause for the purpose of filing an information in court is an executive function which pertains at the first instance to the public prosecutor and then to the Secretary of Justice. xxx George Miller v. Secretary Hernando B. Perez, et al, G.R. No. 165412, May 30, 2011.

PRELIMINARY INVESTIGATION PROCESS

VERIFIED COMPLAINT

ORDER TO FILE COUNTER-AFFIDAVIT

RESPONDENT’S COUNTER-AFFIDAVIT

RESOLUTION

COMPLAINANT’S REPLY-AFFIDAVIT

DISSMISSED

INFORMATION

THANK YOU

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