1 / 21

LEGAL FRAMEWORK of PUBLIC ACCOUNTABILITY

Atty. Rex R. Rojas Office of the Ombudsman. LEGAL FRAMEWORK of PUBLIC ACCOUNTABILITY. Public Accountability in General Constitutional Provision Exacting Accountability in the Public Sector

presencia-queiro
Download Presentation

LEGAL FRAMEWORK of PUBLIC ACCOUNTABILITY

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Atty. Rex R. Rojas Office of the Ombudsman LEGAL FRAMEWORK of PUBLIC ACCOUNTABILITY

  2. Public Accountability in General Constitutional Provision 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 Rule c) 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) Administrative Adjudication Preliminary Investigation Overview

  3. 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 PUBLIC ACCOUNTABILITY IN GENERAL

  4. Organizational Accountability Political Accountability Legal Accountability Administrative (Quasi-legal forum) Professional Accountability (Chapter 8, The Oxford Handbook of Public Governance by Mark Bovens) ACCOUNTABILITY RELATIONSHIPS/FORUM

  5. 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. CONSTITUTIONAL PROVISION

  6. “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 accountableto 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

  7. Section 4 • Norms of Conduct of Public Officials and Employees • Commitment to Public Interest • Professionalism • Justness and Sincerity • Political Neutrality • Responsibility to the Public • Nationalism and Patriotism • Commitment to Democracy • Simple Living RA 6713

  8. SECTION 7 • PROHIBITED TRANSACTIONS • Financial and material interest • Outside employment and other activities • Disclosure/misuse of confidential information • Solicitation or acceptance of gift RA 6713

  9. "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 OFFICERS

  10. "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.

  11. states that the wrongful acts or omissions of a public officer may give rise to civil, criminal and administrative liability.  An action for each can proceed independently of the others. Office of the Court Administrator v. Enriquez, 218 SCRA 1 THREE-FOLd LIABILITY RULE

  12. 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 6770

  13. “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 3019

  14. “It is hereby declared the policy of the State to promote integrity, accountability, proper management of public affairs and public propertyas 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 proceduresthat will reduce red tape and expedite transactionsin government.” Ra 9485

  15. ADMINISTRATIVE DUE PROCESS 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. Office of the Ombudsman v. Reyes G.R. No. 170512, October 5, 2011 ADMINISTRATIVE ADJUDICATION

  16. ADMINISTRATIVE ADJUDICATION PROCESS VERIFIED COMPLAINT ORDER TO FILE COUNTER-AFFIDAVIT ORDER OF PREVENTIVE SUSPENSION RESPONDENT’S COUNTER-AFFIDAVIT CLARIFICATORY HEARING ORDER TO FILE POSITION PAPER (both parties) DECISION

  17. 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 PRELIMINARY INVESTIGATION

  18. 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.

  19. 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.

  20. PRELIMINARY INVESTIGATION PROCESS VERIFIED COMPLAINT ORDER TO FILE COUNTER-AFFIDAVIT RESPONDENT’S COUNTER-AFFIDAVIT COMPLAINANT’S REPLY-AFFIDAVIT DISSMISSED RESOLUTION INFORMATION

  21. THANK YOU “ManindiganKontraKatiwalian” Office of the Ombudsman Agham Road, Diliman, Quezon City Visit our website at: www.ombudsman.gov.ph

More Related