"x x x.
The high court explained that the concept of “betrayal of public trust” was a new ground for impeachment added into the 1987 Constitution. The other existing grounds are: culpable violation of the Constitution, treason, bribery, graft and corruption and other high crimes.
It noted, however, that the “catch-all phrase betrayal of public trust that referred to 'all acts not punishable by statutes as penal offenses but, nonetheless, render the officer unfit to continue in office' could be easily utilized for every conceivable misconduct or negligence in office.”
Citing discussions in the drafting of the Constitution, the SC noted that human error and good faith should “preclude an adverse conclusion.”
The SC also cited a discussion among members of the Constitutional Commission. There, the commission described the phrase as: “Acts which are just short of being criminal but constitute gross faithlessness against public trust, tyrannical abuse of power, inexcusable negligence of duty, favoritism, and gross exercise of discretionary powers.”
‘Attended by bad faith’
The SC interpreted this simply: “Acts that should constitute betrayal of public trust as to warrant removal from office may be less than criminal but must be attended by bad faith and of such gravity and seriousness as the other grounds of impeachment.”
Azcuna cited the following as examples of crimes constituting betrayal of public trust: fraudulent act of malversation of funds and falsification of documents.
The SC said the OP’s findings were not anchored on the definition provided.
x x x."
