Human Rights ViolationHuman Rights Violations only in the Philippinbes

Malicious and intentional persecution of foreigners” stated in criminal complaints filed with United Nations OHCHR against 13 Philippines Government officials listed as a “Criminal Syndicate” for Human Rights and Due Process violations

A 360 page criminal complaint, More »

Constitution Article 11:1 | The Accountability of Public Officers (Part 5)

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.

Constitution Article 11:1, within the last article, we finished up on defining the four points, followed by three other points. And now, within this article More »

Video-Preamble of the 1987 Philippines constitutionConstitution Article 11:1 | The Accountability of Public Officers (Part 4)

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.

Constitution Article 11:1, within the last article, we shared on one of the four points, followed by three other points, which was on on “Utmost Responsibility.”

In this article More »

Video-Preamble of the 1987 Philippines constitutionConstitution Article 11:1 | The Accountability of Public Officers (Part 3)

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.

Constitution Article 11:1, within the last article, we introduced Hector S. De Leon’s Constitution Commentary, “Textbook on the Philippine Constitution” and shared his point on the first sentence of Section 1, “Public office is a public trust.More »

Video-Preamble of the 1987 Philippines constitutionConstitution Article 11:1 |
The Accountability of Public Officers

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.

Constitution Article 11:1, within the last article, we shared the introduction, and within this article, we hope to bring forth a more detailed meaning of our introduction. More »

Video-Preamble of the 1987 Philippines constitutionConstitution Article 11:1 |
The Accountability of Public Officers

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.

Constitution Article 11:1 is part of the accountability that a public officer must perform to each and every person despite if they are an upper class, a lower class or even a government official themselves.

It says very clearly that More »

THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 3 of 3)

Ma. Merceditas N. Gutierrez, Ombudsman

In this issue, we conclude the installments on understanding forfeiture of illegally-obtained wealth.

In the defense against forfeiture, the Bank Deposits Secrecy Law (RA 1405, eff. 1955) and the Foreign Currency Deposit Act (RA 6426, eff. 1974) often also play a prominent role.  The BDSL provides that, unless ordered by a competent court in certain exceptional cases that include bribery or dereliction of duty, no examination into bank deposits in the Philippines may be made by any government official or body, and no bank employee shall disclose information on said deposits, unless permitted in writing by the depositor himself.  The FCDA, on the other hand, prohibits any examination by any government official, except upon written authority from the depositor. It further declares the deposits as exempt from attachment, garnishment or other process by any court or body. Both laws declare the deposits as absolutely confidential in nature. More »

THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 2 of 3)

Ma. Merceditas N. Gutierrez, Ombudsman

In this issue, we continue the installments on understanding forfeiture of illegally-obtained wealth.  We ended the last time with a statement that in forfeiture proceedings, the State is helped by a prima facie presumption in its favor.  That presumption states that property or wealth manifestly out of proportion to a public officer’s salary and other legitimate income is presumed illegal wealth.  For the state, this requires simply laying down the wealth obtained by the officer concerned and comparing it to his total government salary and benefits.  But we also said this is not as easy as it sounds, nor is the process involved free from complication. More »

THE ESSENTIAL THING

Forfeiture of illegally obtained wealth (part 1 of 3)

Ma. Merceditas N Gutierrez, Ombudsman

RA 1379, enacted way back in 1955, gave the State the power to institute forfeiture proceedings against any public officer or employee to recover illegally-obtained property or wealth.  The 1987 Constitution expressly recognized this authority in Sec. 15 of Article XI which dealt on the accountability of public officers.  But the constitution clearly added that said power may be exercised not only against the officer concerned, but against his nominees and transferees.  It also more positively stated that said power cannot be barred by prescription, laches or estoppel. The provision under par. 2 of RA 1379 that the resignation of the official, his separation or dismissal would not prevent the filing of a forfeiture case against him was untouched. More »

GAPlogo | THE ESSENTIAL THINGTHE ESSENTIAL THING

Some thoughts on serving the public better

By Ma. Merceditas N. Gutierrez, Ombudsman

ARTICLE 11
ACCOUNTABILITY OF
PUBLIC OFFICERS

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.

Uniform recruitment procedure.  I was just telling my staff the other day, “why not for the Civil Service Commission to issue More »