The LAW ON PUBLIC OFFICERS By: Asst. Omb. Rodolfo M.

Elman, CESO lll

The

Su%reme

Court

affirmed

the

Public Office

o o

The right, authority and duty created and conferred by la ! an indi"idual is in"ested #so"ereign functions to be e$ercised by him for the benefit of the %ublic.

constitutionality of Re%ublic Act 4**5, the Attrition Act of )665, hich %ro"ides for a system of re ards and incenti"es for B-R and BOC officials and em%loyees ho e$ceed their collection targets for a gi"en year. .Aba+ada 7uro ,arty /ist ". ,urisima, 58) SCRA )513

Elements of a public office

Membershi% in the mar+et committee did not "est on com%lainant any so"ereign function of go"ernment. O%eration of a mar+et is not a go"ernmental function but one done by the city in its %ri"ate %ro%rietary ca%acity.9igueroa "s. ,eo%le, 240 SCRA )403.

o o o o
Cases

created by la by la .

or ordinance authori&ed

in"ested

#some so"ereign functions

of go"ernment to be e$ercised for %ublic interest.

functions must be defined e$%ressly or im%liedly by la , e$ercised by an officer directly under the control of the la .

,ri"ate sector membershi% in (B'B does not ta+e %etitioner outside the meaning of %ublic officer as she %erforms %ublic functions in %ursuance of the ob:ecti"es of RA 062;. The (B'B is created to ensure the full de"elo%ment of the boo+ %ublishing industry .<a"ier "s. Sandiganbayan, 544 SCRA *)53.

%ermanency or continuity

'elegation

of

so"ereign

functions

of

go"ernment is the most im%ortant characteristic to determine hether a %osition is a %ublic office or not. The (CC, created under AO ))* to ma+e nation ide %re%arations for the (ational Centennial of ,hili%%ine -nde%endence, %erforms so"ereign functions. -t is a %ublic office and its Chair is a %ublic officer e"en if he does not recei"e any com%ensation. Salary is mere incident and forms no %art of the office. -t is an honorary office but nonetheless a %ublic office../aurel "s. 'esierto, *01 SCRA 203

The

creation

of

the

Phil

T!uth

Commission as an adhoc body under EO 1 finds basis in Sec. 1;, Art. =ll .Const.3 im%osing on ,resident the duty to ensure ,residents, directors, trustees or that la s are faithfully e$ecuted. The managers of 7OCCs are under ,resident>s %o er to conduct Sandiganbayan>s authority. Although =, in"estigations to aid him in ensuring and A=, .of A9, RSBS3 are not s%ecifically faithful e$ecution of la s is inherent in the enumerated in RA 0)24, said ran+s are ,resident>s %o er as Chief E$ecuti"e. Also, e"en higher than that of managers .Al&aga there is no intrusion into Congress> %o er "s. Sandiganbayan, 565 SCRA 0243 to a%%ro%riate funds for o%eration of a %ublic office. There is no a%%ro%riation but only an allotment or allocation of e$isting funds already a%%ro%riated. But EO 1 is unconstitutional as it "iolates the e?ual %rotection clause as it singles out re%orts of graft @ corru%tion in %re"iousCha!acte!istics of Public Office* administration of 7MA ./agman "s. Ochoa A%ublic office is a %ublic trust @ Biraogo "s. ,TC, 'ecember ;, )6163.

Ano one has "ested right to a %ublic office Anot a %ro%erty Acannot be inherited

Classif"in# Public un%e! RA &'()

Office!s

of

$OCCs

,etitioner Assistant Manager of ,(CC, a 7OCC #o original charter, ho is charged ith estafa is not a %ublic officer #in the co"erage of RA *614 @ under the :urisdiction of Sandiganbayan .Macalino "s. Sandiganbayan, *;8 SCRA 25)3.

Constitutional office:

tenet

underlying

%ublic

Art. Bl, Sec. 1, 140; Constitution .conce%t of %ublic accountability3 C,ublic office is a %ublic trust. ,ublic officers and em%loyees must at all times be accountable to the %eo%le, ser"e them ith utmost res%onsibility, integrity, loyalty and efficiency, act ith %atriotism and :ustice, and lead modest li"es .C

9or

%ur%oses

of

RA

*614,

the

Sandiganbayan has :urisdiction o"er the ,resident @ COO of ,hil. ,ostal Sa"ings Ban+, a 7OCC #o original charter .,eo%le "s. Sandiganbayan, 6)#18#653.

Meaning of %rinci%le

Though the Manager of ,hilhealth, a 7OCC # original charter, is merely classified as S7 )8, said %osition is mentioned in %ar. A, Sec. 2 of RA 0)24, thus under Sandiganbayan>s :urisdiction .7edus%an "s. ,%, 251 SCRA 10;3.

o
Cases on cha!acte!istics of public office

A ?ualifying re?uirement for %ublic officeF a %rere?uisite to full in"estiture # the officeF right to enter into office becomes %lenary and com%lete .Mendo&a "s. /a$ina, Sr. 268 SCRA 1583

The general rule is that there is no "ested right in an office hich may not be disturbed by legislation. Do e"er, here the issue relates to ho is right entitled to the office, then it comes ithin conce%t of %ro%erty here due %rocess has to a%%ly. -f that right of the incumbent to office has to be ta+en a ay by statute, the terms should be clear. De cannot be de%ri"ed of the same ithout an e$%ress %ro"ision of la de%ri"ing him of his office .Sego"ia "s. (oel, 2; ,hil. 52*3.

-t is a %ledge to u%hold @ defend the Constitution, e$ecute the la s and do :ustice to e"ery man. -n ta+ing oath, he binds to %erform faithfully and act %rimarily for benefit of %ublic .Ombudsman "s. <urado, 581 SCRA 1*;3

,ublic office is %ersonal to the incumbent @ not a %ro%erty hich %asses to heirs. The heirs may no longer %rosecute deceased the %rotestee>s counterclaim for damages "s. the %rotestant for that as e$tinguished hen death terminated his right to occu%y the contested office .Abe:a "s. Tanada @ Mayor Rado"an, )*8 SCRA 8)3.

o o

$ene!al !ule* -ndi"idual cannot be forced to acce%t %ublic office

E+ceptions*

o o o

Sec.

2,

Art.

ll,

140;

Constitution:

7o"ernment may call on %eo%le to render %ersonal military or ci"il ser"ice in defense of State.

Ehile the right to a %ublic office is %ersonal and e$clusi"e to the %ublic officer, an election %rotest is not %urely %ersonal and e$clusi"e to the %rotestant or to the %rotestee. The court is not ousted of authority to continue the %rotest %roceedings for an election %rotest in"ol"es not merely conflicting %ri"ate as%irations but is imbued ith %aramount %ublic interest. =M is a real %arty in interest. .'e Castro "s. COME/EC, )8; SCRA 0683.

Art. )*2, R,C: One elected by %o%ular election cannot refuse ! the office legal moti"e. #o

,osse comitatus: com%els citi&ens to hel% community in maintenance @ %reser"ation of %eace.

Oath of Office

,e Facto Office!

o o o o o o o

Ehere there is no de :ure officer, a de facto officer ho in good faith had %ossesssion @ discharged the duties of the office is legally entitled to the emoluments of the office .Ci"il /iberties "s. E$ec. Secretary, 142 SCRA *1;3

One

ho in good faith has %ossession of

the office @ has discharged the duties under color of authority, either deri"ed from an election or a%%ointment, ho e"er irregular.

One

hose acts, though not those of

la ful officer, the la ill hold "alid u%on %rinci%les of %ublic %olicy @ :ustice!

'uring

res%ondent>s

occu%ancy

as

Re-uisites* regularly created officeF color of title or general re%utationF %hysical %ossession

Education Su%er"isor #c ended hen %etitioner as re"erted to the same %osition after her %romotional a%%ointment to 'irector as disa%%ro"ed, res%ondent should be deemed a de facto officer .Arimao "s.Taher, 240 SCRA ;83.

'istinguish from a de :ure officer and a usur%er

The difference bet een the basis of the authority of a de :ure officer and that of a de facto officer is that one rests on right, the other on re%utation .Arimao "s. Taher, 240 SCRA ;83.

An official

ho e$ercises the duties of an

A de facto officer, not ha"ing a good title, ta+es the salaries at his ris+ and must therefore account to the de :ure officer for hate"er salary he recei"ed during the %eriod of his rongful tenure.

electi"e officer under a color of election is not a usur%er. -t matters not it as the trial court @ not the Comelec that declared him as inner. Both, at different stages of electoral %rocess, ha"e the %o er to %roclaim inners .Malaluan "s. Comelec, )52 SCRA 266 .)666 BG3.

A usur%er is one officially

ho underta+es to act

Guo

arranto as a s%ecial ci"il action can

ithout any color of right.

only be commenced by the Solicitor 7eneral or any %erson claiming to be entitled to %ublic office unla fully held or e$ercised by another .Tarrosa "s. Singson, )*) SCRA 55*3.

Cases

E"en though the '-/7 Secretary has no %o er to a%%oint %etitioner as Acting =ice 7o"ernor, at the least %etitioner is a de facto officer entitled to com%ensation as he assumed office under color of a%%ointment .Men&on "s. ,etilla, 14; SCRA )513

Since they do not claim to be entitled to the Senate office of 7ordon, %etitioners ha"e no legal standing to file the ?uo arranto %etition to declare him as ha"ing forfeited his seat in the Senate ./iban "s. 7ordon, 54* SCRA 803.

o o

Re%resentati"es of e$Hofficio members of the (AC are not de facto officers because they ere not a%%ointed but merely designated to act as such. They are not entitled to something their o n %rinci%als are %rohibited from recei"ing. (or can they claim good faith gi"en the e$%ress Constitutional %rohibition .(ational Amnesty Commission "s. COA, 2*; SCRA 8;63.

The

rit of ?uo

arranto is ne"er directed

to an officer as such, but al ays "s. the %erson HH to determine hether he is constitutionally @ legally authori&ed. Dence, a :udgment in ?uo arranto does not bind the %ublic officer>s successor in officer. Dere, hat as threshed out in court as the ?ualification @ right of Mendo&a to the contested %osition $$$ as "s. Allas solely and not "s. Allas> successor Olores. (either Allas or the Customs Bureau is %ersonally liable for %etitioner>s Ci.il Se!.ice bac+ salaries. .Mendo&a "s. Allas, *6) SCRA 8)*3

o o

Ci"il

ser"ice

em%loyees

cannot

be

remo"ed or sus%ended e$ce%t for cause as %ro"ided by la .Art. lBHB, Sec. ).*3 Const.F Sec. *8, ,'06;F Sec. 28, EO )4)3 .1444 BG3

,etitioner, albeit lac+ing in ?ualifications, as a%%ointed by the ,resident as B<M, 'irector and ser"ed for 8 days before the a%%ointing authority recalled his a%%ointment. B<M, cannot be liable for his salary claim as it as not a %arty in the ?uo arranto %etition .Engano "s. CA, 24* SCRA *)23.

,ur%ose

of

the

ci"il

ser"ice

system:

a%%lication of merit system instead of s%oils system in the matter of a%%ointment and tenure of office .E$am%le: Meram "s. Edralin, 152 SCRA )*03

o o
Though her term as CSC Commissioner I on an a%%ointment issued to her on 8#11#4* I had e$%ired on)#)#44, 7aminde ser"ed as de facto officer in good faith until )#)#66 .7aminde "s. COA, 1* 'ecember )6663.

Sco%e: The Ci"il Ser"ice embraces all branches, subdi"isions, instrumentalities and agencies of the go"ernment including 7OCCs ith original charters. .Art. lBHB, Sec. ).13 Const.3

Ci"il

Ser"ice

Commission

is

the

sole

arbiter of contro"ersies relating to the ci"il ser"iceF e$ercises e$clusi"e :urisdiction o"er all cases in"ol"ing %ersonnel actions $$$ E$am%le: Corsiga "s. 'efensor, *41 SCRA )8;

The case in"ol"es %ersonnel action, i.e., %etitioner is ?uestioning the summary reallocation and demotion directed by the 'BM #c resulted in the diminution of his benefits. Dis %ro%er remedy is not before the O, but to ?uestion the 'BM denial of his %rotest before the CSC #c has e$clusi"e :urisdiction o"er cases in"ol"ing %ersonnel action. -n turn, the CSC resolution may be ele"ated to the CA under Rule 2* and finally, before the Su%reme Court .7o "s. CA, 8)8 SCRA 1063.

CSC does not ha"e original administrati"e :urisdiction "s. a %ublic school teacher. <urisdiction o"er administrati"e cases of %ublic school teachers is lodged ith the -n"estigating Committee created %ursuant to Section 4 of the Magna Carta for ,ublic School Teachers .RA 28;63. Still, the e$ercise of :urisdiction by the CSC as sustained by the Court under the %rinci%le of esto%%el .Emin "s. 'e /eon, *;0 SCRA 12*3

La/ on A%minist!ati.e 0u!is%iction .s public school teache!s

Admin su%er"ision o"er court em%loyee belongs to S.C. under Sec. 8, Art. =lll .Const3 hether offense as committed before or after em%loyment in :udiciary, but esto%%el a%%lies .Am%ong "s. CSC, 58* SCRA )4*3

o o

Sec. 4 of the Magna Carta for ,ublic School Teachers .RA 28;63

Co"erage of term JteacherK: all %ersons engaged in classroom teaching on full time basis including guidance counselors, school librarians, industrial arts or "ocational instructors and all other %ersons %erforming su%er"isory or administrati"e functions

<urisdiction is "ested by la . <urisdiction is not lost u%on instance of %arties .Ombudsman "s. Estandarte, 1* A%ril )66;3

E+clusions to the te!m 1teache!2

o o

Ehile the Ombudsman has concurrent administrati"e disci%linary authority ith the 'ECS o"er %ublic school teachers, the Ombudsman may refer a com%laint to the %ro%er disci%linary authority under Sec. )* of RA 8;;6. Res%ondent is a %ublic school teacher co"ered by RA 28;6, hence the %roceedings before the 'ECS ould ha"e been the more a%%ro%riate "enue to resol"e the dis%ute .Ombudsman "s. 'eli:ero, 16 October )6163.

,ublic school teacher in the %rofessional staff of state colleges or uni"ersities

School nurses, %hysicians, dentists and other school em%loyees in the category of medical and dental %ersonnel

Cases 3i#he! E%ucation 4o%e!ni5ation Act of ())6 7RA 8989:

,o er of uni"ersity>s Board of Regents under RA 0)0) to disci%line its officials and em%loyees not e$clusi"e but concurrent ith CSC. A case "s. a uni"ersity official may be filed either # the state uni"ersity>s BOR or directly # the CSC. The Constitution grants to CSC :urisdiction o"er all ci"il ser"ice %ositions, career or nonHcareer.

The resolution of com%laints, grie"ances and cases in"ol"ing go"ernment em%loyees is not ordinarily left to collecti"e bargaining or other related concerted acti"ities, but to Ci"il Ser"ice /a and labor la s and %rocedures hene"er a%%licable.

Academic freedom cannot be in"o+ed

-n case any dis%ute remains unresol"ed after e$hausting all a"ailable remedies, the %arties may :ointly refer the dis%ute to the ,ublic Sector /aborHManagement Council for a%%ro%riate action.

here there are allegations of CS la and rules "iolations .CSC "s. So:or, )) May )6603. G. Ehat is the status of ,(RCM 'id 7ordon automatically forfeit his Senate seat in holding the %ost of ,(RC ChairM .sets aside $OCCs not co.e!e% b" Ci.il Se!.ice La/ Baluyot "s. Dolgan&a ruling hich said that ,(RC as a go"t. cor%.3

a.
a.

b. c.

The ,hil. (ational Red Cross is not a 7OCC but a %ri"ately o ned, %ri"ately funded and %ri"ately run charitable organi&ation. SCRA )8 The "ast ma:ority of thousands of its members are %ri"ate indi"iduals, including students. EO 106 is not a%%licable to B'C ,(RC Board of 7o"ernors, #c e$ercises all cor%orate %o ers of ,(RC, elects the .Bliss 'e"elo%ment Cor%. Em%loyees Chair. Lnion Lnli+e ater districts, the elements of go"Nt o nershi% and control are lac+ing in "s. Calle:a, )*; SCRA );13 ,(RC. Chairman is not an official or em%loyee of the 7o"ernment, hence no "iolation of Sec. 18, Art. =ll of the Constitution. 9ood Terminal -nc. .1444 BG3 The ,(RC Charter .RA 453 is "oid insofar as it creates the ,(RC as a %ri"ate ./umanta "s. (/RC, 1;6 SCRA ;43 cor%oration. ./iban "s. 7ordon 54* SCRA 803 ,(OCHE'C "s. /eogardo, 1;5 ,=B .RA *5103

.,=BEL "s. ,=B, )2 August 14463

d.
Cor%.

Liban .s $o!%on 4FR 7<anuary 10, )6113 ,hil. (ational Construction

The issue of constitutionality of R.A. (o. 45 as not raised by the %arties, and as not among the issues defined in the body of the 'ecisionF thus, it as not the "ery lis mota of the case. Court should not ha"e declared "oid certain sections of R.A. (o. 45.

.Macalino "s. SCRA 25)3

Sandiganbayan,

*;8

E+ecuti.e O!%e! No (8' .eff. <une 1, 140;3

defined and delineated the sco%e of the constitutional right of go"ernment em%loyees to selfHorgani&ation right to engage in concerted acti"ities sub:ect both to Ci"il Ser"ice /a and Rules and any legislation that may be enacted by Congress.

o o o

SC held that the ,hil. (ational Red Cross is sui generis. P, ()8 as amen%e% b" P, (;6) an% RA )98< -t is in recognition of this sui generis character of the ,(RC that R.A. (o. 45 has remained "alid and effecti"e.

/ocal

ater districts sub:ect to Ci"il

-t is neither strictly a 7OCC nor a %ri"ate cor%oration. -t is %erforming go"ernmental functions. -t is %ri"atelyHo ned, nonH %rofit, donorHfunded, "oluntary, humanitarian organi&ation. The ,(RC does not ha"e go"ernment assets and does not recei"e a%%ro%riation from the Congress.

Ser"ice /a . Sec. )5 of ,' 140 already remo"ed by ,' 12;4 .Dagonoy Eater 'istrict "s. (/RC, 185 SCRA );)3

7ordon

as elected by the %ri"ateHsector

controlled board, and not a%%ointed by the ,resident or by any subordinate go"ernment official. (ot being a go"ernmentHofficial or em%loyee, the ,(RC Chairman does not hold a go"ernment office or em%loyment.

$OCCs co.e!e% b" Ci.il Se!.ice La/

o o

Diring and firing of em%loyees of 7OCCs ith original charter go"erned by CS la

'uty 9ree ,hil.

as created under EO 28 to

augment ser"ice facilities for tourists and to generate 9B and re"enue. <urisdiction o"er a dismissed '9, em%loyees is lodged #CSC and not the (/RC .'9, "s. Mo:ica, 2;1 SCRA ;;83.

A9,HRSBS is a 7OCC under RA 410) or the S%ecial ,ur%ose =ehicle Act of )66) established to guarantee continuous financial su%%ort to the A9, military retirement system .Al&aga "s. Sandiganbayan, 565 SCRA 0203

/ocal Sanggunian resolution, although necessary for final creation of E', is not its charter .'CE' "s. CSC, )61 SCRA 8653

An em%loyee of a 7OCC, e"en if organi&ed under the general la , is considered resigned u%on filing certificate of candidacy. De still comes ithin %ur"ie of Sec. 88 of Omnibus Election Code hich %ro"ides that any %erson holding %ublic a%%ointi"e office including those in 7OCCs shall be considered i%so facto resigned from office u%on filing of his certificate of candidacy .,(OCHE'C "s. (/RC, ))) SCRA 0*13.

4C=* Ehere should SSS labor grie"ancesM

or+ers bring their

1. 2. 3. 4.

,ublic

Sector

/abor

Management Council

(ational

/abor

Relations

Ci"il Ser"ice /a

a%%lies to ,hili%%ine

Commission

(ational

Conciliation

and

,ostal Cor%. as regards %ersonnel matters, but its Bo' is authori&ed under RA ;*52 to formulate its o n com%ensation structure and %osition classification .-ntia, <r. "s. COA, *68 SCRA 8163.

Mediation Board

Ci"il Ser"ice Commission

'BM

has

sole

%o er#discretion

to

COA Au%it of $OCCs

administer Com%ensation and ,osition Classification System .C,SCS3 of national go"ernment.

o o o

Constitution

mandates

COA

to

audit

7OCCs ith original charter li+e ater districts .'e <esus "s. COA, 26* SCRA 8883.

Com%ensation and benefits recei"ed by ,RA officials #o 'BM a%%ro"al unauthori&ed and irregular .,RA Bunag, *4; SCRA );3 are "s.

>61 BG: Effect of %ri"ati&ation of ,(B on audit :urisdiction of COA

BS,

is

%ublic

cor%oration

or

go"ernment agency or instrumentality ith :uridical %ersonality created under CA 111 as amended by RA ;);0 to im%lement a state %olicy, i.e. inculcate in the youth %atriotism, disci%line, res%onsibility @ moral "alues. -t is classified as an attached agency of the 'e%Ed under EO )4) .BS, "s. COA, <une ;, )6113.

$OCC $o.e!nance ('(;):

Act

of

9'((

7RA

Lnder

Art.

lBHB,

Sec.

).)3,

140;

o o o o o

Constitution a. Com%etiti"e %ositions b. (onHcom%etiti"e %ositions

,romotes

financial

"iability

fiscal

disci%line in 7OCCs thru the 7o"ernance Commission for 7OCCs .7C73

E"aluates %erformance @ rele"ance ofCa!ee! Se!.ice 7OCCs, monitors their o%erations

o
fi$ the

Ehat characteri&es the career ser"iceM .>44 BG3

Re%eals

7OCCs>

charters

#c

directors> term by reducing it to 1 yr.

-ncumbents u% to 8#*6#11

,er

diems

for

actual

attendance!

incenti"es as authori&ed by 7C7

o o o

Abolition

of

Career

E$ecuti"e

Ser"ice

Board .CESB3 by CSC is an ultra "ires act .Eugenio "s. CSC, *1 March 14453

Abolition of Merit System and ,rotection Board .MS,B as created under ,' 12643 by CSC is "alidF CSC authority under Sec. 1;, Boo+ =, EO )4) .Rubenicia "s. CSC, *1 May 14453

CSC could rule on administrati"e decisions on a%%eal before MS,B .9ernando "s. Sto. Tomas, )*2 SCRA 5203

Classification of Ci.il Se!.ice

Lnder ,' 06; and EO )4) a. Career ser"ice b. (onHcareer ser"ice

Ehat is included in the career ser"iceM .>44 BG3

E$ce%tions:

hen

immediate

filling

of hen

"acancy is urgently re?uired ! or "acancy is not %ermanent !

1. 2. 3. 4. 5. 6. o o

O%en career

Closed Career

Cases on Ca!ee! Se!.ice

,ositions in CES

o o

-llegal dismissal of a career officer by changing his %ermanent a%%ointment to contractual a%%ointment .,almera "s. CSC, )*5 SCRA 0;3

Career officers other than CES

,ro$imity rule: Salas> %osition as -nternal Security Staff as remote from the a%%ointing authority .,agcor "s. Salas, );2 SCRA 2123

Commissioned officers#enlisted

men in A9,

,ersonnel of 7OCC

-m%ortance of security of tenure

Three ma:or le"els#classes of %ositions in the Career Ser"ice 13 9irst le"el includes clerical, trades, crafts and custodial ser"ices %ositions )3 Second le"el includes %rofessional, technical and scientific %ositions! u% to 'i"ision Chief le"el

*3 Third le"el co"ers %ositions in the Career E$ecuti"e Ser"ice .EO 1 creating the ,TC3

Gualification in an a%%ro%riate e$am is re?uired for a%%ointment to %ositions in the first and second le"els in the career ser"iceF %ro"ided that hene"er there is a ci"il ser"ice eligible actually a"ailable for a%%ointment, no %erson ho is not an eligible shall be a%%ointed e"en in a tem%orary ca%acity $$$

Non>Ca!ee! Se!.ice

A!t l?>B@ Sec 9 79:

o o

Ehat ser"iceM

characteri&es

the

nonHcareer

o o

Com%etiti"e %ositions: A%%ointments in the CS shall be made according to merit and fitness!

Ehat

is

included

in

the

nonHcareer

ser"iceM

(onHcom%etiti"e %ositions

a. b. c. d. e.

1. ,rimarily confidential Electi"e officials and their ). ,olicy determining *. Dighly technical 'e%artment heads and other

%ersonal or confidential staff

officials of Cabinet ran+ $$$

(ature I and not label I that ma+es it com%etiti"e. E$ecuti"e has %o er to declare classification of nonHcom%etiti"e %osition .Sec. 1), B+. =, EO )4)3

Chairman

and

members

of

commissions and boards ith fi$ed terms of office and their %ersonal or confidential staff

Contractual %ersonnel

Emergency

and

casual

%ersonnel

Cases on non>ca!ee! se!.ice

nonHcareer

ser"ice

em%loyee

is

%rotected from remo"al ithout :ust cause. Robredo>s termination as ,ro:. 'irector of Bicol Ri"er Basin 'e"%>t ,rogram H created under ,' 21) I failed to state the ground of his remo"al, hence, ithout cause .<ocom "s. Robredo, )61 SCRA ;*3.

Chair

of

the

Commission

on

9ili%ino

/anguage is a nonHcareer official hose tenure of ; years is fi$ed by RA ;162F her remo"al is not at %leasure of a%%ointing authority .Office of ,resident "s. Buenaobra, 561 SCRA *6*3

o
MCG: Eho is not %art of the nonHcom%etiti"e Ci"il Ser"iceM

Members of DRET ha"e security of tenureF disloyalty to %arty not a "alid ground for e$%ulsion .Bondoc "s. ,ineda, )61 SCRA ;4)3

o o o o

Em%loyees of the Boy Scout of the

o o

Re?uisites

for

effecti"e

o%eration

of

,hili%%ines

rotational scheme for Constitutional Commissioners .Re%ublic "s. -m%erial, 48 ,hil. ;;6F >44BGF >16BG3 hose close intimacy to the freedom of

A %erson

a%%ointing %o er assures intercourse ithout fear

Start and end of ;Hyear term of office of CSC Commissioner COA,1)#1*#)6663 .7aminde "s.

A %erson

ho lays do n %rinci%al or 4C=* A la is %assed fi$ing the term of office of local electi"e officials, other than barangay electi"e officials, to si$ years. -s it constitutionalM

fundamental guidelines

Chief of Staff of Congress

a.
Te!m of office .s Tenu!e of Incumbent

Oes,

because

Congress

is

authori&ed to do so.

o o o

Term I the time during

#c officer may

b. c. d.

Oes, because the terms of office

claim to hold office as of right and fi$es the inter"al after #c the incumbents shall succeed one another.

of local electi"e officials are fi$ed by la .

(o, because the terms of office

Tenure I the term during incumbent actually holds office.

hich the

of local electi"e officials, sa"e for barangay officials, are fi$ed by the Constitution to threeHyear term only.

-m%ortance of distinction: Constitutional %rinci%le of nonHremo"al ithout due %rocess of la ould be negated if Congress could legally ma+e tenure of officials de%endent on %leasure of the ,resident.

(o, because only the term of

office of barangay officials can be changed by la .

Cases

; year term of office of Chair @ Members of CDR under EO 18* to com%ly ith Sec. 1;.)3, Art. BlllF EO 18*HA is unconstitutional .Bautista "s. Salonga, 1;) SCRA 1823.

P!ima!il" Confi%ential Positions

o o o o o

o o o

Gualification Standards

Rule: Tenure of officials holding %rimarily confidential %ositions ends u%on loss of confidence $$$ cessation not a remo"al but e$%iration of term.

Religious ?ualifications %rohibited .Sec. 5, Art. lll, Constitution3

City /egal Officer .Cadiente "s. Santos, 12) SCRA )063

Ruling in ,amil "s. Teleron on basis of Sec. )1;5 of old Admin. Code .)6 (o". 14;03 su%erseded by >0; Const.

,ro">l Attorney .7rino "s. CSC, )#)8#413

Sec. 201 /7C

,ro%erty

?ualifications

may

not

be

,ermanent Re%resentati"e to L( .'e ,erio Santos "s. Macaraig, 16 A%ril 144)3

im%osed for the e$ercise of right to run for %ublic office. /a re?uiring candidates for %ublic office to %ost surety bond of ,)6T held unconstitutional .Ma?uera "s. Borra, 6; Se%t. 14853

4C=* Mr. B as a%%ointed as 'OTC Secretary by the ,resident. -mmediately, Mr. B assumed office. De %ossesses all the ?ualifications of a 'e%artment Secretary. -f the ,resident dies today, hat ha%%ens to the a%%ointment of BM

/oss of any of the ?ualifications during incumbency is a ground for termination ./abo "s COME/EC, 1;8 SCRA 13

a. b. c. d.
o

B needs to ste% do n since his

tenure of office ends.

B shall tender his resignation until his

and shall hold office resignation is acce%ted.

B shall continue to hold office

until his re%lacement is a%%ointed.

B has tenure of office and may

be remo"ed only for a "alid reason. Eli#ibilit" to Public Office

Gualifications generally re?uired of %ublic officers P Citi&enshi%, residence, age, education and ci"il ser"ice ?ualifications

,is-ualifications fo! local position .Sec. 26, RA ;186F >44BG3

electi.e

o o o o o o o

a. b. c. d.
o o o

(o, because it "iolates his right

to suffrage. Those sentenced by final :udgment for an offense in"ol"ing moral tur%itude !

Oes, because con"iction by final

Those remo"ed from office as a result of an administrati"e case

:udgment of a crime in"ol"ing moral tur%itude is e$%ressly %ro"ided by la as a ground for dis?ualification.

Those con"icted by final :udgment for "iolating oath of allegiance

(o,

because

the

grant

of

%robation sus%ends the e$ecution of the sentence.

Those

ith dual citi&enshi%

Oes, because suffrage is a mere ithdra n.

9ugiti"es from :ustice !

%ri"ilege that can be

,ermanent residents in a foreign country A local electi"e official ho is remo"ed

The insane or feebleHminded

before the e$%iration of his term is dis?ualified from being a candidate for local electi"e %osition .Reyes "s. Comelec, )52 SCRA 5123

Cases

Ehere the decision "s. him has not become final by reason of his filing a MR, res%ondent local electi"e official is not dis?ualified to run in May Q4) elections ./ingating "s. Sulong, *41 SCRA 8)43

o o

,unong Barangay con"icted of arbitrary detention but has not ser"ed his sentence because of the grant of %robation is not dis?ualified to see+ >6) local electi"e office .Moreno "s. Comelec, 240 SCRA 243.

J'ual

citi&enshi%K

refers

to

Jdual

Con"iction for an offense in"ol"ing moral tur%itude .AntiH9encing /a 3 stands e"en if candidate as granted %robationF %erfection of an a%%eal is relin?uishment of alternati"e remedy of a"ailing of ,robation /a , the %ur%ose of #c is to %re"ent s%eculation or o%%ortunism on %art of accused .'ela Torre "s. Comelec, )50 SCRA 20*3.

allegianceKF dual citi&enshi% is not a dis?ualification .Mercado "s. Man&ano, )8 May 14443.note: ruling no modified by RA 4))53

4C=* B as con"icted by final :udgment of a crime in"ol"ing moral tur%itude and has not ser"ed his sentence because he as granted %robation. -s he dis?ualified to run for local electi"e %ostM

b.
,ual Citi5enship Act 7RA )99A:

resign the %ublic %osition he is

holding in the foreign country.

Those

ho

retain

or

reHac?uire

,hil.

c. d.

file certificate of candidacy.

citi&enshi% under this Act and see+ electi"e %ublic office shall meet the ?ualifications $$$ and at the time of the filing of the certificate of candidacy, ma+e a pe!sonal B s/o!n !enunciation of any and all foreign citi&enshi% before %ublic officer authori&ed to administer an oath RSec. 5 .)3S.

surrender

greencard

to

the

issuing foreign country one year immediately %receding the election.

Affiant must state in clear and une?ui"ocal terms that he is renouncing all foreign citi&enshi% for it to be effecti"e .Eusebio /o%e& "s. Comelec, )* <uly )6603

Candidate Merito Miguel

ho is a green

4C=* The remedy for a %erson ho is dis?ualified to run for %ublic office by reason of dual citi&enshi% under RA 4))5 is to:

card holder must /ai.e his status as a %ermanent resident or immigrant of a foreign country, as manifested by some act.s3 inde%endent of and done %rior to filing his candidacy for electi"e office of Mayor of Bolinao, Gue&on .Caasi "s. CA, 141 SCRA ))43

a. b. c. d.

file his certificate of candidacy. ,esi#nation

resign the %ublic %osition he is

o o

'istinguished from a%%ointment

holding in the foreign country.

Cases:

e$%ressly renounce the foreign

citi&enshi%.

surrender greencard

to the

issuing foreign country one year immediately %receding the election. 4C=* The remedy for 9ili%ino immigrants to remo"e dis?ualification to run for %ublic office is to:

a.

e$%ressly renounce the foreign

citi&enshi%.

P(ational Amnesty Commission "s. COA, 2*; SCRA 85; PBinamira "s. 7arrucho, 100 SCRA 152

A%%ointment re?uired to be submitted to CSC .Tomali "s. CSC, )*0 SCRA 5);3

Appointment

o o o o

o o

,o er of CSC to a%%ro"e or disa%%ro"e .Orbos "s. CSC @ Madarang, 104 SCRA 2543

Tinds of a%%ointment: %ermanent and tem%orary

'ifferent ste%s in %rocess of a%%ointment

E"en an a%%ointment initially a%%ro"ed by CSC may be subse?uently recalled hen found to be in"alid. RA 8056 .a la granting CS eligibility to em%loyees efficiently ser"ing for at least ; yrs.3 does not cure a "oid a%%ointment for being based on %etitioner>s false re%resentation of eligibility .Maniebo "s. CA, 8); SCRA 5;13.

Acce%tance of a%%ointment not essential to its "alidity but necessary to the full %ossession of the office

One

ho holds a tem%orary a%%ointment

has no fi$ed tenure of office .Achacoso "s. Macaraig, 145 SCRA )*;3

o o o

Acce%tance of a tem%orary a%%ointment ithout intention to abandon %ermanent %osition .,almera "s. CSC, )*5 SCRA 0;3

Acce%tance of a tem%orary a%%ointment on his o n "olition and in e$change of a %ermanent a%%ointment .Romualde& "s. CSC, 14; SCRA 1803

Resident %ermanent SCRA 1*43

%hysician .9eli$ "s.

%osition

is

not )26

Buenaseda,

Po/e! to Appoint An e$ercise of discretion .,atagoc "s. CSC @ 'es%alo, 12 May 14463

Jne$tHinHran+K rule .Lmoso "s. CSC, )*2 SCRA 0143

Nepotism !ule

o o o o

o
ithin * rd

A%%ointing authority @ a%%ointee are real %arties ! to challenge CSC disa%%ro"al .Abella "s. CSC, 22) SCRA 56;3

Sec. 54, EO )4): %rohibition

degree of consanguinity or affinity

Sec. 8;, EO )4): %enalty of fine of not more than ,1,666 or not more than 8 years im%risonment or both

o o

(o "iolation of CSC resolution %rohibiting midnight a%%ointment here the filling u% resulted from deliberate action and careful consideration of ?ualifications .Guirog "s. Aumentado, 5;6 SCRA 50)3

Sec. ;4, RA ;186: %rohibition degree of consanguinity or affinity

ithin 2

th

A %romotional a%%ointment "iolati"e of ne%otism rule is null and "oid .'ebulgado "s. CSC, )*; SCRA 1023

,rohibition on Jmidnight a%%ointmentsK under Art. =ll, Sec. 15 of Constitution a%%lies only to %residential a%%ointments and not to local chief e$ecuti"es .'e Rama "s. CA, *5* SCRA 423

4C=* Aboy, City Engineer of Tagum City, recommends the a%%ointment of his first appointee cousin <ose as Cashier. 'oes Aboy ha"e suchWhen !eassi#ne%Ct!ansfe!!e% authorityM

ma"

be

o o o o

(o, because Aboy is not the a%%ointing

Ehere a%%ointment indicates no s%ecific station, em%loyee may be transferred or reassigned %ro"ided ! no substantial change in title, ran+ or salary.

authority.

Oes, because <ose is not a relati"e

ithin the third degree.

Oes, because Aboy can choose his staff.

(o, because <ose is a relati"e

ithin

the fourth degree.

o o

Ehere

CSC

disa%%ro"es

a%%ointment,

a%%ointee need not be %re"iously heard .'ebulgado "s. CSC, )*; SCRA 1083

,assage

of CS e$am does not transform

tem%orary a%%ointment to %ermanent .,ro". of Camarines "s. CA, )28 SCRA )0*F 7loria "s. de 7u&man, 68 Oct. >453

o o

5 year term 'ean of College of Education .Sta. Maria "s. /o%e&, *1 SCRA 8*;3 Ca!ee! E+ecuti.e Se!.ice 7CES: Reassignment of ,rinci%al in 'i"ision of City Schools, Gue&on City .'ECS "s. CA, 10* SCRA 5553

o o

Security of tenure in CES is ac?uired #res%ect to ran+ and not to %ositionF ithin CES, %ersonnel can be shifted to another %osition #o "iolating their rights to security of tenure.

o o

Reassignment that is indefinite "iolates security of tenure and is in effect constructi"e dismissal .7loria "s. CA @ -casiano, **0 SCRA 163

,etitioner>s a%%ointment not %ermanent as she does not ha"e the ran+ a%%ro%riate for %osition of Chief ,ublic Attorney .Cue"as "s. Bacal, *2; SCRA **43

A%%ointments to staff of CSC are not a%%ointments to a s%ecified %ublic office but a%%ointments to %articular %ositions or ran+s .9ernande& "s. Sto. Tomas, )2) SCRA 14*3

,assing CES e$am entitles e$aminee to conferment of CES eligibility. L%on conferment, incumbent of CES %osition may ?ualify for a%%ointment to a CES ran+. E#o CES eligibility, his a%%ointment may be ithdra n anytime #o "iolating right to security of tenure .Caringal "s. ,CSO, 2;) SCRA 5;;3

o o o

A reassignment

hich remo"es from the

officer %o er of su%er"ision o"er em%loyees is a diminution of her status .,adolina "s. 9ernande&, *2* SCRA 22)3.

Mayor has %o er to de"ol"e national 'SE' em%loyees to CSS'O in line # de"olution under RA ;186 .,la&a "s. Cassion, 2*5 SCRA )453.

A%%ointment of nonHCES eligible to CES %ositionF ,etitioner>s se%aration from ser"ice #o cause as 'e%. 'irector Dos%ital Su%%ort Ser"ices is "alid as %osition belongs to the CES .Amores CSC, )4 A%ril >643 the for her "s.

B-R Commissioner is authori&ed to assign or reassign re"enue officers .=in&onsH Chato "s. Martine&, *22 SCRA 103.

o o
Bad faith is e"ident by the fact that the reassignment as issued days after the reassigned officials filed a graft case "s. %etitioner and that the authority to reassign officers of the /ELA lies ith the Board and not ith %etitioner .Reyes, <r. "s. Belisario, 548 SCRA *53.

Lnless and until an em%loyee in the CES is a%%ointed to the a%%ro%riate CES ran+, he ac?uires no security of tenure e"en if he is a CES eligible .7eneral "s. /TO R' Roco, *56 SCRA 5)03

o o

Ran+

of

CESO

deacti"ated

u%on P!esi%ential Appointments

resignation .Collantes "s. CA, 6*#68#6;3

<ustification of transfer#reassignment of CESO to other %ositions: mobility and fle$ibility .'e /eon "s. CA @ <acob Montesa, *;1 SCRA 21*3

o o

ad interim and regular .Art. =ll, Sec. 18 Const.3F 'istinction

'istinction

bet een

ad

interim

Pe!sons E+clu%e% f!om CES .CESB Res. ;44,May >643

a%%ointments from a%%ointments in an acting ca%acityF ,resident>s issuance of a%%ointments in an acting ca%acity not im%airment of %o er of Congress .,imentel "s. Ermita, 2;) SCRA 5043

1. 2.

Managerial

and

e$ecuti"e

%ositions

#fi$ed term of office as %ro"ided in charter or la

Managerial and e$ecuti"e %ositions in #c include the ff:

Ad interim a%%ointment is %ermanent, and not a tem%orary a%%ointment that can be ithdra n or re"o+ed anytimeF ,resident can rene ad interim a%%ointment of a byH %assed a%%ointee .Matibag "s. Beni%ayo, *06 SCRA 243

nonHcareer ser"ice

a. b. c.

Electi"e

officials

their

%ersonal#confi staff

o
and members of

A%%ointments solely for ,resident to ma+e .Bautista "s. Salonga, 1;) SCRA 1863

Secretaries and other officials

of cabinet ran+ and their %ersonal#confi staff

Chairman

commissions and boards ith fi$ed terms of office @ their %ersonal#confi staff

d. 3.

Contractual

%ersonnel

emergency#seasonal staff

Managerial and e$ecuti"e %ositions in

the national go"ernment belonging to the closed career systems #c are administered by s%ecial bodies such as the 9oreign Ser"ice, ,(,, State colleges and uni"ersities unless %ro"ided in their res%ecti"e charters, the Scientific Career Ser"ice and the li+e

4.

,osition of Dead E$ecuti"e Assistant

o o o o o o o o

* stages in regular a%%ointments 4C=* The basic distinction bet een a regular hom the ,resident@ an ad interim a%%ointment is

2 grou%s of officers shall a%%oint

a.
hose

Regular a%%ointment is made

The Jother officersK referred to

a%%ointments are "ested in the ,resident under the Const. Cases

hen Congress is in session, hile ad interim a%%ointment is e$tended hen Congress is not in session.

b.
'eles "s. Commission on

Regular a%%ointment does not

Guintos

re?uire nomination hich is re?uired in ad interim a%%ointment.

A%%ointments, 1;; SCRA )54

.Art. B=lll, Sec. ; on Sectoral Re%.3

c.

(either of the a%%ointments

needs confirmation before the a%%ointee may assume his %osition. Sarmiento "s. Mison, 158 SCRA 524

Tarrosa "s. Singson, )*) SCRA 555

Calderon "s. Carale, )60 SCRA )52

Manalo "s. Sisto&a, *1) SCRA )*4 .>6) BG3

Ehich of the follo ing is not correctM

o o o o

A regular a%%ointment is one made by hen Congress is in sessionF

the ,resident

One

ho is a%%ointed by the ,resident

hen Congress is in session may assume office immediatelyF

A regular a%%ointment shall not ta+e

effect immediatelyF

AdHinterim a%%ointments and regular

a%%ointments re?uire confirmation by the Commission on A%%ointments.

d.

A%%ointee

in

regular

a%%ointment immediately assumes the duties of his office ithout aiting for confirmation.

o o o

An

ad

interim

a%%ointment

is

tem%orary a%%ointment.

,rimarily confidential em%loyees do

not en:oy security of tenure.

o o o

A nonHcareer ci"il ser"ant is e$em%t

,rohibition

on

midnight

a%%ointment

from com%etiti"e e$aminations.

under Sec. 15, Art. =ll does not a%%ly to a%%ointment in the Su%reme Court .'e Castro "s. <BC, 1; March )6163

An a%%ointment in an acting ca%acity

may be confirmed by the Commission on A%%ointments. ,resident %rohibited from ma+ing a%%ointments ) months before the ne$t %residential elections and u% to end of his term .-n re: Mateo =alen&uela, )40 SCRA 2603

4o%es of Te!minatin# Official Relations

A%%ointments of fourth grou% of lo erH ran+ed officers may by la be "ested in the head of the boardF Chair of CC, "ested ith %o er under ,' 15 to a%%oint lo erH ran+ed officers but not the coHtrustees of the board .Rufino "s. Endriga, 248 SCRA 183

Abolition: se%aration

neither

means

remo"al

or

Pconstitutionality of RA 8858 .'ario "s. Mison, 1;8 SCRA 023

4C=* Ehich a%%ointment of the ,resident may not be "alidM

o o o o

Congressman

,acman

as

Commissioner of Customs.

Retired

Army

7eneral

,al%aran

as

Bureau of ,risons 'irector.

Mr. Bimbi, a ne%he

of the ,resident>s

sister, as Chairman of the ,CSO.

Senator Miriam, as Su%reme Court

<ustice.

MCG: Ehich of the follo ing statements is CORRECTM

Pmust be done in good faith .7ingson "s. Murcia, 60 9eb. 14003 Pabolished office and offices created ha"e similar functions .7uerrero "s. Ari&abal, 108 SCRA 1643

P-ntention to relin?uish office and acce%tance by com%etent authority .Orti& "s. Comelec, )0 <une >003 PAbandonment of office before acce%tance of resignation %unishable under Art. )*0 R,C

PRA 8;15 hich declared "acant (/RC %ositions did not e$%ressly or im%liedly PSubmission of resignation of SB Member to abolish %etitioners> offices .Mayor "s. the Mayor .SB of San Andres case3 Macaraeg, 142 SCRA 8;)3

P-m%lied abolition of (A,O/COM under Sec. 0 of RA 0551, unconstitutional .Canoni&ado "s. Aguirre, *)* SCRA *1*3

Acce%tance of -ncom%atible Office P,ositions of -ns%ector 7eneral of -AS and (A,O/COM Commissioner P,ositions of ,C77 Chair and Chief ,residential /egal Counsel .,-C- "s. Elma, 242 SCRA 523

P,ositions of Senator and ,(RC Chair ./iban "s. 7ordon, 54* SCRA 803

Abandonment

P(o abandonment if office is "acated in deference to re?uirement of la .Canoni&ado case3 P9ailure to ta+e ste%s to reassume office .SB of San Andres "s. CA, )02 SCRA );8F >66BG3

Resignation

PAcce%tance of courtesy resignation PAs a necessary conse?uence of arrest and .Collantes "s. '(', 51; SCRA 5813 detention, all %risoners cannot %ractice their %rofession nor engage in business or occu%ation or hold office, electi"e or PResignation to e"ade administrati"e liability a%%ointi"e, hile in detention .,% "s. .7on&ales "s. Escalona, 588 SCRA 23 Don. Maceda, *06 ,hil. 13 PDasty filing of certificate of candidacy to a"oid administrati"e charge .,agano "s. (a&arro, 5** SCRA 8))3

PEhether resigned or not to be determined by totality testF nonHissue as Congress has declared de :ure ,residentF Sec. 1) of RA *614 %rohibiting resignation of officer during %endency of charges cannot be in"o+ed by %etitioner .Estrada "s. 'esierto, 6) March >613

P'isloyalty not ground for e$%ulsion from DRET .Bondoc "s. ,ineda, )61 SCRA ;4)F >6) BG3 P) categories of administrati"e actions "s. go"ernment em%loyees

Remo"al

PCause for dismissal must be as %ro"ided by la .Adiong "s. CA, *;1 SCRA *;23 PSummary dismissal re%ealed by RA 8852 P-llegally dismissed officer entitled reinstatement and bac+ salaries to

POfficial cannot be remo"ed for misconduct during a %rior term .Aguinaldo "s. Comelec, )1) SCRA ;803 PAguinaldo ina%%licable to criminal case. Reelection to the %ost of Congressman is not a reasonable classification in criminal enforcement .,% "s. <alos:os, *)2 SCRA 84)3

P,risoners cannot hold office hile in detention. (o disenfranchisement as %eo%le>s mandate yields to Constitution .Trillanes "s. <udge ,imentel, ); <une >603

PTo

arrant remo"al from office of an officer, the misconduct, misfeasance or malfeasance must be directly related to %erformance of official duties

PRule: Ehere crime is not office related, officer may not be charged administrati"ely based thereon until a final :udgment of con"iction of the crime in"ol"ing moral tur%itude or dis?ualification to hold office.

-m%eachment under Sec. ), Art. Bl PObser"ance of fundamental %rocedural re?uirement .Cuenco "s. 9ernan, 1; 9eb. >003

PCronyism is a legal ground

E$ce%tion: Act or offense also constitutes "iolation of admin. Rules P7ra"e misconduct distinguished from sim%le misconduct. Res%ondent>s act.s3 of stealing a +iss and demanding for a date, as an unla ful consideration for issuance of a %ermit, constitute gra"e misconduct .CSC "s. Belagan, 226 SCRA 5;03

P 'ishonesty need not be dutyHconnected PEillful failure to %ay :ust debts P-f found guilty of ) or more charges, %enalty corres%onding to most serious charge $$$ PEffects of dismissal Pentitlement of dismissed em%loyee to lea"e credits

Paction dro%%ing officer from the rolls is nonH disci%linary .CSC Circular (o. 1), s. 1442 PMental inca%acity due to immoral or "icious habits under Sec. 28 EO )4) is different from mental inca%acity under Sec. )8 EO )4) .Romagos "s. Metro Cebu Eater, 5** SCRA 563 PMayor has right to contest re"ersal of his order sanctioning mun. em%loyeeF reasons .Mayor 'agadag "s.Tongna a, 256 SCRA 2283

POnce im%eachable officer retires, Court may %roceed "s. him and im%ose sanction for misconduct during his tenure .Re: <ustice Ruben Reyes, 506 SCRA 1683 4C=* -s cronyism a legal ground for the im%eachment of the ,residentM

Ploss of confidence as ground is a %olitical ?uestion .E"ardone "s. Comelec, )62 SCRA 2823 P(o recall ithin 1 yr. from date of official>s assum%tion to office or 1 yr. immediately %receding a regular local election .Sec. ;2 RA ;1863

a. b. c. d.

(o,

because

it

is

not

anP!e.enti.e Suspension

im%eachable offense.

o
Oes, because it refers to

) +inds of %re"enti"e sus%ension

"iolation of the ,resident>s oath of office.

Teachers

e$onerated

of

the

original

(o,

because

it

is

not

one

charges and found guilty only of "iolation of reasonable office rules are entitled to com%ensation $$$

among those grounds enumerated by .7loria "s. CA, *68 SCRA )0;F >61BG3 the Constitution for im%eachment.

Oes, because under Sec. ), Art.

,ostmaster

originally

dismissed

from

Bl of the Constitution, betrayal of %ublic trust is one of the grounds for im%eachment under hich cronyism falls.

ser"ice but %enalty reduced to 8 mos. sus%ension on a%%eal .Sales "s. Mathay, 1)4 SCRA *)13

P'e%uty Ombudsman not im%eachable officer .Ombudsman "s. Mo:ica, 25) SCRA ;123 PAn im%eachable officer ho is a member of the Bar cannot be disbarred ithout first being im%eached .Marcoleta "s. Borra, 50) SCRA 2;23 PEhether offenses in the im%eachment com%laint constitute "alid im%eachable offenses is a nonH:usticiable %olitical ?uestion .9rancisco "s. (MM,, 2)5 SCRA 223

Recall: formal

ithdra al by electorate

of their trust in electi"e official>s ability to discharge his office

PBayot "s. Sandiganbayan, 1)0 SCRA *0* P'eloso "s. Sandiganbayan, 1;* SCRA 264

P/ibanan "s. Sandiganbayan, )** SCRA 18* Modification on a%%eal of %enalty of dismissal from ser"ice for gross neglect to * mos. sus%ension for sim%le neglect is not e$onerationF reinstatement but no %ayment of bac+ ages .CSC "s. Rabang, 12 March >603 PBerona "s. Sandiganbayan, 2*5 SCRA *68

o o

7rounds

for

%re"enti"e

sus%ension

o o

,ur%ose of %reHsus%ension hearing

under Sec. 51 EO )4)

Cases

,re"enti"e sus%ension under Secs. 8* @ 82, /7C

4C=* Ehich statement is not correctM

o o o o

An indefinite %re"enti"e sus%ension is

not allo ed as it constitutes denial of due %rocess.

,re"enti"e sus%ension may arise as an

incident in a criminal or administrati"e case.

One

ho

had

been

%laced

under

%re"enti"e sus%ension may be %ardoned by the ,resident.

,re"enti"e

sus%ension

is

%recautionary measure to ensure im%artiality in conduct of %roceedings.

o o o

Sec. )2 RA 8;;6

Sec. 1* RA *614

Cases:

PTalaga "s. Sandiganbayan, 5;6 SCRA 8)) P<uan "s. ,%, *)) SCRA 1)8 PSantiago "s. Sandiganbayan, *58 SCRA 8*; .>6)BG3 P9lores "s. /ayosa, 2*8 SCRA **4 4C=* A mayor as charged ith graft under RA *6)4. De as %re"enti"ely sus%ended. As a result of his death, the case as dismissed. Dis heirs tried to collect his salary during his sus%ension. Can they collectM

o o

Only fullHtime ser"ices

ith com%ensation %ur%oses

are credited for retirement .=alde& "s. 7S-S, *6 <une >603

Retirement %ay may not be a%%lied to indebtedness to the go"ernment .Cru& "s. Tantuico, 188 SCRA 8;1F Tantuico "s. 'omingo, )*6 SCRA *413

a. b. c. d.

Oes,

because

the

case

as

dismissed, "irtually e$onerating the mayor.

o o o

Benefits granted under 7S-S Act .RA 0)413 not sub:ect to :udicial @ admin %rocesses, including COA disallo ances F E$ce%tion .7S-S "s. COA, 221 SCRA 5*23

Oes, because the mayor

as not

found guilty.

/oss of retirement benefits if %ublic officer is con"icted $$$ .Sec. 1*, RA *6143

(o, because the dismissal of

the case due to the mayor>s death does not amount to ac?uittal.

COA can direct

ithholding of salary

%ending litigation of %ublic officer>s liability .Santiago "s. COA, 5*; SCRA ;263

(o, because the mayor has not

been %ro"ed innocent to the charge.

Ri#hts@ ,uties B P!i.ile#es

o o o o

Salary not sub:ect to garnishment or assignment.

Agreement affecting com%ensation is "s. %ublic %olicy

Additional or double com%ensation .Sec. 0 %ar. 1, Art. lB B3

,ensions: an act of liberalityF not a salary .Sec. 0 %ar. ), Art. lB B3

o o o
,ayment of %er diem only @ no other com%ensation under Sec. 1*, ,' 140 .BE' "s. COA, *;2 SCRA 20)F 'e <esus "s. COA, 26* SCRA 88;3

Sco%e under EO 106 .Ari&ala "s. CA, 12 Se%t. >463

7o">t em%loyees do not ha"e right to stri+e $$$ .SSS "s. CA, 1;5 SCRA 808F Manila ,STA "s. Educ. Sec., )66 SCRA *)*F 7esite "s. CA, 222 SCRA 5)3

/ELA Reso granting com%ensation to BO' of /E's illegal .Guerubin "s. COA, 2** SCRA ;;*3F (o refund of benefits recei"ed in good faith .'e <esus "s. CSC, 2;1 SCRA 8)8F Barbo "s. COA, 580 SCRA *623

o o
Sec. 1* ,' 140 no amended by RA 4)08 as a%%ro"ed on 62#6)#62 PA%art from %er diem, each director shall recei"e allo ances @ benefits as the Board may %rescribe sub:ect to /ELA a%%ro"al

E$ercise of rights to %eaceably assemble and %etition for redress of grie"ances must be #in reasonable limits $$$ ithout or+ sto%%age .Bangalisan "s. CA, );8 SCRA 814F <acinto "s. CA, )01 SCRA 85;F Ali%at "s. CA, *60 SCRA ;01F 'ela Cru& "s. CA, *65 SCRA *6*3

Ehat are e$cluded from .included in3 negotiation by go"ernment em%loyeesM

Alternates of e$Hofficio members of (DA Board not entitled to e$tra com%ensation .'ela Cru& "s. COA, *;1 SCRA 1503 4C=* 'uring their brea+ %eriod, se"eral 'A em%loyees engaged in concerted action demanding a hi+e in their allo ances. An administrati"e com%laint as filed "s. them for such mass action. Are they liableM RA ;418 authori&ing 'O/E Sec. or

o o

re%resentati"e to recei"e %er diem as ,EUA Board member "iolates Constitution .Bitonio "s. COA, 2)5 SCRA 2*;3

Retirement

benefits

under

RA

0551

a%%licable to -(, members retired %rior to effecti"ity of RA 84;5 .,(, "s. Manila>s 9inest, 64 May >6;3

Constitutional !i#ht to self>o!#ani5ation

Sec. 0 Art. lll, Sec. ).53 Art. lBB, Sec. * Art. Blll 140; Constitution

a. b. c. d.

They are administrati"ely liable

o o o

7uarantees right of %eo%le to demand information on matters of %ublic concern .Sec. )0 Art.ll Const.3

for %artici%ation in a %rohibited mass acti"ity.

They are not administrati"ely as done

Can be in"o+ed by any citi&en .7on&ales "s. (ar"asa, **; SCRA ;*83

liable because the action during their brea+ %eriod.

A duty of officialdom e"en if nobody demands .(orth Cotabato "s. 7R,, 580 SCRA 2163

They are administrati"ely liable

because they cannot negotiate for terms and conditions of em%loyment.

They are not administrati"ely

liable as they sim%ly e$ercised their right to %eaceably assemble @ %etition for redress of grie"ances.

o o

E$em%tions from com%ulsory disclosure of information .Cha"e& "s. ,C77, 64 'ec. >403

Right to information does not e$tend to Q%ri"ileged information> .(eri "s. Senate, 582 SCRA 15*3

4C=* Assuming that CSC denied the teachers> %etition, they formed a union @ thereafter staged a stri+e to "oice out their claims. Eas their action "alidM

'octrine

of

e$ecuti"e

%ri"ilege

hich

a. b. c. d.

Oes, because the right to form

includes matters of di%lomatic character under negotiation is only %resum%ti"eF e$ce%tion .Senate "s. Ermita, 200 SCRA 13

associations includes therein the right to stri+e.

Oes, because the right to stri+e E+ecuti.e P!i.ile#e is %art of s%eech and e$%ression, or the right to assemble.

(o.

Although

go"ernment

%ersonnel ha"e the right to form unions, they do not ha"e the right to stri+e, as such right must be e$ercised in accordance ith la .

(o, because teachers must be

the models and e$em%lars in the community.

Ri#ht to Info!mation

o o

'ocuments on %ro%osed <,E,A and te$t sub:ect to legal re"ie A?uino, 18 <uly >603 .A+bayan "s.

c.

The Commissioner of B-R to

resist a sub%oena of RTC Manila to submit names of B-R informants in connection ith a ta$ e"asion case %ending before it.

OnHgoing

negotiations

of

the

R,HLS "s.

Military Bases Mangla%us3

Agreement

.,M,9

d.

The '(' Secretary to refuse to

4C=* The ,resident issued an e$ecuti"e order directing that no member of the ,C77 may testify or %roduce e"idence in any :udicial, legislati"e or administrati"e %roceedings #in its official cogni&ance. -s the e$ecuti"e order "alidM

ans er the ?uestion hether the ,resident follo ed u% on a contract to ac?uire second hand helico%ters from Tai an.

a. b. c. d.

Liabilit" of Public Office!s Oes. -t is %rerogati"e of @

,resident to ha"e full control su%er"ision of all ,C77 %ersonnel.

o o o o

An im%eachable officer cannot be charged during his incumbency ith any offense #c carries ith it %enalty of remo"al .-n re 7on&ales, 186 SCRA ;;13

Oes. This conforms

#%rinci%le

of se%aration of %o ers.

Sections ) @ *, Art. Bl Constitution

(o, it is contrary to %rinci%le of

chec+s and balance.

Sec. * RA *614

(o, it is not consistent

# due

Sec. ; RA 8;1*

%rocess clause.

RA <6(& 4C=* The doctrine of e$ecuti"e %ri"ilege is una"ailing hen it is in"o+ed by:

a.

The E$ec. Secretary to resist a

sub%oena of the Douse Committee on (ational 'efense for a co%y of full te$t of )616 R,HLS Enhanced Mutual 'efense ,act under negotiationF

b.

The E$ec. Secretary to %re"ent

the M'A Chair from attending hearings of Senate Comm. on ,ublic Eor+s for lac+ of ,resident>s consentF

o o o o

Sec. 2: (orms .code: C,<,R(CS3

Sec. 5: 'uties

o o

Administrati"e liability could not be based on the %rinci%le of command res%onsibility .,rinci%e "s. OMB, *;2 SCRA 2863.

Sec. 0: Submission of SA/( .in re Sec. ; RA *6143 (egligence of subordinates cannot al ays be ascribed to their su%erior .'e <esus "s. 7uerrero, 540 SCRA *2)3

Sec.

4:

'i"estment .a"oid conflict of

interest at all times3

7eneral Rule: Su%eriors cannot be held liable for acts of their subordinates

Une+plaine% Wealth of Public Office!s

o o o

Basis of /ifestyle Chec+:

PSec. 1 Art. Bl Constitution PSec. 0 RA *614 in re to RA 1*;4

Case

PMar?ue& "s. 'esierto, *54 SCRA ;;*

E$ce%tions to the rule "s. disclosure of ban+ de%osits .LB, "s. CA, *)1 SCRA 58*3

Liabilit" of 3ea% of Office

o o o

Sec. 16) ,' 1265

Dead of office as final a%%ro"ing authority of disallo ed transaction not necessarily %ersonally liable .Albert "s. 7angan, *5* SCRA 806F ,eralta "s. 'esierto, 2;* SCRA *)*3

Deads ha"e to rely on their subordinates and on good faith of those ho %re%ared documents .Arias "s. Sandiganbayan, 106 SCRA *643

o o o

E$ce%tions

o o

Sec. ; Art. lBHB lays do n the general rule hile Sec. 1* Art. =ll is the e$ce%tion a%%licable only to the ,res., =,, Cabinet members $$$ .(AC "s. COA, 2*; SCRA 8553

(o reco"ery of damages by official for falsehood charge related to his official conduct unless statement as ith actual malice .Banas "s. CA, *)5 SCRA )8*3

Sec. 1* Art. =ll is not a%%licable to the ,C77 Chairman nor to the Chief ,residential /egal Counsel .,ublic -nterest Center "s. Elma, 242 SCRA 8)3

Qstate immunity from suit> doctrine a%%lies to com%laints "s. officials for acts in %erformance of their dutiesF rule not a%%licable if sued in his %ersonal ca%acity ./ansang CA, )* 9eb. >663

,rohibition "s. holding dual or multi%le offices under Sec. 1* Art. =ll not a%%licable to %osts occu%ied by E$ec. Officials ithout additional com%ensation in an e$Hofficio ca%acity as %ro"ided by la ! .Ci"il /iberties "s. E$ec. Sec., )) 9eb. >413

o o

State

immunity

doctrine

affording

%rotection to %ublic officers a%%lies only to acti"ities ithin the sco%e of their authority done in good faith .Calub "s. CA, **1 SCRA 553

Alternates of e$Hofficio members in go">t boards, li+e their %rinci%als, cannot recei"e additional com%ensation .'ela Cru& "s. COA, *;1 SCRA 15;F Bitonio "s. COA, 2)5 SCRA 2*;3

,ublic officer cannot in"o+e immunity if com%laints "s. her do not im%ose financial liability "s. the State but merely nullification of state action .,hil. Agila Satellite "s. /ichauco, 204 SCRA 1863

,isabilities Office!s

an%

Inhibitions

of

Public

Lnder >0; Constitution

P Sec. 1* Art. =l .-ncom%atible Office @ 9orbidden Office3 PSec. 12 Art. =l PSec. ; Art. lBHB PSec. 1* Art. =ll

o o o o

Official may hold any other office or em%loyment only hen authori&ed by Constitution, to s%ecifically it:

=ice ,res. as Cabinet Sec. RSec. *.)3 Art. =llS end

<ustice Sec. as e$Hofficio <BC member .Sec. 0 Art. =lll3

,res. as head of economic and %lanning agency .Sec. 4 Art. Bll3

Cases

o o

7ordon as SBMA Chairman and Mayor of Olonga%o City .9lores "s. 'rilon, ))* SCRA 5803

,ractice

of

la

and

acce%tance

of

em%loyment as ,/EB member and /u%on member by go"ernment la yer ./oren&ana "s. 9a:ardo, 28) SCRA 13

Sec. ;.b3.)3 of RA 8;1*

o o

7o"ernment

la yers

cannot

handle

%ri"ate cases .Ramos "s. -mbang, 5*6 SCRA ;543

As

an

e$ce%tion,

%ublic

officer

can

engage in %ri"ate %ractice under the ff. conditions: 1st, it is authori&ed by Constitution or la F )nd, it ill not conflict ith her %ublic functions .Guery of Atty. Buffe, 548 SCRA *;43