Public Officers

Question 1

How to file a verified complaint against an elective official of a province, highly urbanized city, or independent component city or component city?

Answer 1

Filed before the office of the president

Question 2

Complaint against elective official of a municipality

Answer 2

Filed before the sangguniang panlalawigan whose decision may be appealed to the Office of the president

Question 3

Complaint against barangay official

Answer 3

Filed before the sangguniang panglungsod or sangguniang bayan whose decision will be final and executory

Question 4

When can preventive suspension of local officials be done?

Answer 4

1. After the issues are joined
2. When the evidence of guilt is strong
3. Given the gravity of the offense, there is great probability that the continuance in office of the Respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence

Question 5

Who may impose preventive suspension for local elective officals?

Answer 5

1. The president - province, highly urbanize cities and independent component cities
2. Governor - component city or municipality
3. Mayor - barangay

Question 6

For how long can a local elective official be preventively suspended?

Answer 6

Not more than 60 days. If there are several administrative cases against him, he cannot be preventively suspended for more than 90 days within a single year on the same ground or grounds existing and known at the time of the first suspension.

Question 7

Grounds for preventive suspension under Admin Code

Answer 7

1. Dishonesty
2. Oppression or grave misconduct
3. Neglect in the performance of duty
4. If there are reasons to believe that respondent is guilty of the charges which would warrant his removal from service

Question 8

What are the grounds for preventive suspension for violation of the anti graft and corrupt practices act?

Answer 8

Any public officer whom any criminal prosecution under a valid information under the act or under the provisions of RPC on bribery shall be suspended

Question 9

What are the grounds for suspension under the ombudsman act?

Answer 9

1. Evidence of guilt is strong
2. Dishonesty, oppression or grave misconduct or neglect in the performance of duty
3. Charges would warrant removal from service
4. Respondent’s continued stay in office may prejudice the case filed against him

Question 10

Who can impose preventive suspension in criminal cases?

Answer 10

The court where the criminal case was filed

Question 11

Who may be removed by impeachment?

Answer 11

1. President
2. Vice President
3. Members of the SC
4. Members of the Constitutional Commissions
5. Ombudsman

Question 12

What are the grounds for impeachment?

Answer 12

1. Culpable violation of the Constitution
2. Treason
3. Graft and Corruption
4. Bribery
5. Betrayal of public trust
6. Other high crimes

Question 13

What are the qualifications of the Ombudsman and his deputies?

Answer 13

1. Natural born citizen of the Philippines
2. At least 40 years old
3. Of recognized probity and independence
4. Members of the Philippine bar
5. Must not have been a candidate for any elective national or local office in the immediately preceding election whether regular or special

Question 14

Can the Ombudsman prosecute cases outside the jurisdiction of the Sandiganbayan?

Answer 14

Yes, it can prosecute cases before the regular courts. It is granted an active role in the enforcement of anti-graft and corruption laws