RIGHTS AND PRIVILEGES OF PUBLIC OFFICERS
discharge of office.
The rights of one elected or appointed to
office are measured by the Constitution or
the law under which he was elected or
appointed.
Right to Compensation
The power to fix the compensation of public
offices is not inherently and exclusively
legislative in character. Unless the
Constitution expressly or impliedly prohibits
Congress from doing so, it may delegate the
power to other government bodies.
Compensation, not an element of
public office
It is not part of the office but merely an
incident thereto, and attaches to the office
itself, not to the officer.
Forms of compensation
The term compensation when employed in
reference to the remuneration of public
officers means pay for doing all that may be
required of the official, whether it is in the
form of a fixed salary or wages, per diems,
fees, commissions, or perquisites of
whatsoever character.
1. SALARY- The salary of a public officer is
the personal compensation to be paid
to him for his services, and it is a
generally a fixed annual or periodical
payment depending on the time and
not on the amount of the services he
may render.
2. RATA- Statutory law (e.g. Section 12,RA
6758 or the Compensation and
Position Classification Act of 1989), as
implemented by administrative
issuances and interpreted in decisions,
has consistently treated RATA as
distinct from salary.
 Representation and
Transportation Allowance or
RATA is a fringe benefit distinct
from salary. Unlike salary which
is paid for services rendered,
RATA belongs to a basket of
allowances to defray expenses
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
deemed unavoidable in the
 Hence, it is paid only to certain
officials who, by the nature of
their offices, incur
representation and
transportation expenses.
3. Per diem- is a daily allowance given
for each day an officer or employee is
away from his home base. Its usual
signification is a reimbursement for
extra expenses by the public official in
the performance of his duties. It is
intended to cover the cost of lodging
and subsistence of officers and
employees when the latter are on duty
outside of their permanent station
Salary, not subject to garnishment
1. While the money is still in the hands of
the disbursing officer, it belongs to the
government.
2. Public policy forbids such practice
since it would be fatal to public
service
3. The garnishment or attachment of an
officer’s salary is tantamount to a suit
against the State in its own court,
which is prohibited except with its
consent
Prohibition against receiving additionl,
double, or indirect compensation
No elective or appointive public officer or
employee shall receive additional, double, or
indirect compensation, unless specifically
authorized by law, nor accept without the
consent of the Congress, any present,
emolument, office, or title of any kind from
any foreign government.
Pensions or gratuities shall not be considered
as additional, double, or indirect
compensation. [Art. IX-B, Sec. 8
The prohibition on dual employment and
double compensation in the government
service is further specified under Sections 1
and 2, Rule XVIII of the Omnibus Rules
Implementing Book V of E.O. No. 292, viz:
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  Sec. 1. No appointive official shall hold
any other office or employment in the
Government or any subdivision,
agency or instrumentality thereof,
including government-owned or
controlled corporations with original
charters or their subsidiaries, unless
otherwise allowed by law or by the
primary functions of his position.
 Sec. 2. No elective or appointive
public officer or employee shall
receive additional, double, or indirect
compensation, unless specifically
authorized by law,
Purpose of prohibition
 This is to manifest a commitment to the
fundamental principle that a public
office is a public trust. It is expected of
a government official or employee
that he keeps uppermost in mind the
demands of public welfare. He is there
to render public service. He is of
course entitled to be rewarded for the
performance of the functions
entrusted to him, but that should not
be the overriding consideration. The
intrusion of the thought of private gain
should be unwelcome. The temptation
to further personal ends, public
employment as a means for the
acquisition of wealth, is to be resisted.
That at least is the ideal.
 There is then to be awareness on the
part of an officer or employee of the
government that he is to receive only
such compensation as may be fixed
by law. With such a realization, he is
expected not to avail himself of
devious or circuitous means to
increase the remuneration attached
to his position. [Peralta v. Mathay,
March 31, 1971]
SALARIES OF THE CONGRESS
No increase in the salaries of members of
Congress shall take effect until after the
expiration of the full term of the Members of
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the Senate and House of Representatives
who approved the increase [Sec. 10, Art. VI].
SALARIES OF PRESIDENT AND VICE PRESIDENT
Salaries of the President and Vice President
shall be fixed by law and shall not be
decreased during their tenure. No increase
shall take effect until after the expiration of
the term of the incumbent during which such
increase was approved [Sec. 6, Art. VII].
SALARIES OF JUDICIARY
The salary of members of the Judiciary shall
not be decreased during their continuance
in office [Sec. 10, Art. VIII].
RIGHT TO SELF ORGANIZATION
The right to self-organization shall not be
denied to government employees. [Art. IX-B,
Sec. 2(b)]
The constitutional grant to government
workers of the right to form labor
organizations or unions does not guarantee
them the right to bargain collectively with
government or to engage in concerted
activities including the right to strike, which
are enjoyed by private employees.
Since the terms and conditions of
government employees are fixed by law,
government workers cannot use the same
weapons employed by workers in the private
sector to secure concessions from their
employers.
Freedom of expression
Government workers, whatever their ranks,
have as much right as any person in the land
to voice out their protests against what they
believe to be a violation of their rights and
interests. Civil Service does not deprive them
of their freedom of expression. It would be
unfair to hold that by joining the government
service, the members thereof have
renounced or waived this basic liberty. This
freedom can be reasonably regulated only
but can never be taken away. [DCWD v.
Aranjuez, June 16, 2015]
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RIGHTS UNDER E.O 292
Right to preference in promotion
When a vacancy occurs in a position in the
first level of the Career Service as defined in
Section 8, the employees in the department
who occupy the next lower positions in the
occupational group under which the vacant
position is classified, and in other functionally
related occupational groups and who are
competent, qualified and with the
appropriate civil service eligibility shall be
considered for promotion.
When a vacancy occurs in a position in the
second level of the Career Service as defined
in Section 8, the employees in the
government service who occupy the next
lower positions in the occupational group
under which the vacant position is classified
and in other functionally related
occupational groups and who are
competent, qualified and with the
appropriate civil service eligibility shall be
considered for promotion. [Sec. 21 (2)-(3),
Book V, EO 292]
Next-in-rank rule
 “Qualified next-in-rank” refers to an
employee appointed on a permanent
basis to a position previously
determined to be next-in-rank and
who meets the requirements for
appointment thereto as previously
determined by the appointing
authority and approved by the
Commission
 The next-in-rank rule is a rule of
preference. The rule neither grants a
vested right to the holder nor imposes
a ministerial duty on the appointing
authority to promote such person to
the next higher position. Pineda v.
Claudio, 28 SCRA 34 (1969); Medenilla
v. CSC, 194 SCRA 278 (1991); Panis v.
CSC, 229 SCRA 589 (1994); Umoso v.
CSC, 234 SCRA 617 (1994
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 In other words, one who is “next-in-
rank” to a vacancy is only given
preferential consideration for
promotion. It does not necessarily
follow that he alone and no one else
can be appointed. [Santiago v. Civil
Service Commission, October 27, 1989]
 A qualified next-in-rank employee shall
have the right to appeal initially to the
head of agency, then to the CSC RO,
and then to the CSC Proper.
PERSONNEL ACTIONS/HUMAN RESOURCE
ACTIONS
Any action denoting the movement or
progress of human resource in the civil
service such as promotion, transfer,
reappointment, reinstatement,
reemployment, reclassification, detail,
reassignment, secondment, demotion, and
separation shall be known as human
resource action. [Sec. 3, 2017 Rules on
Administrative Cases in Civil Service]
Promotion
The advancement of a career employee
from one position to another with an increase
in duties and responsibilities as authorized by
law and usually accompanied by an
increase in pay.
The movement may be from one department
or agency to another or from one
organizational unit to another within the
same department or agency. Provided,
however, that any upward movement from
the non-career service to the career service
and vice versa shall not be considered as a
promotion but as reappointment
Transfer
 a movement of employee from one
position to another which is of
equivalent rank, level, or salary without
a gap in the service involving the
issuance of an appointment.
 The transfer may be from one
organizational unit to another in the
same department or agency to
another or from one organizational
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 unit to another: Provided, however,
That any movement from the non-
career service to the career service
and vice versa shall not be considered
as a transfer but as a reappointment.
 If, for whatever reason, the employee
fails to transfer on the specified date,
he/she shall be deemed resigned
 However, should the employee opt to
remain in the same agency before the
specified date of transfer, the
employee maybe reappointed if there
is no gap in the service or reemployed
if there is gap in the service. In both
cases, the employee shall undergo the
usual hiring process. [2017 ORAOHRA]
Re-employment
The issuance of an appointment as a result of
reorganization, devolution, salary
standardization, re-nationalization,
recategorization, rationalization, or other
similar events, including the following:
1. The issuance of appointment from
temporary to permanent, career to
non-career or vice versa, non-career
to another non-career, all of which
entails no gap in the service, shall be
considered as reappointment.
2. The renewal of temporary, casual or
contractual employment upon the
expiration of the appointment or
subsequent appointment of substitute
teachers, which entails no gap in the
service, shall be considered as
reappointment.
3. Personal or coterminous staff of
elective officials, who shall continue to
serve in a coterminous capacity upon
reelection of the said elective officials,
shall be issued new appointments. The
nature of appointment shall be
reappointment
In the same manner, personal or coterminous
staff of officials whose term of office ended
and are subsequently absorbed or rehired by
the succeeding official without gap in their
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
service shall be issued new appointments, the
nature of which is reappointment.
Reinstatement
 The restoration of a person, as a result
of a decision, to a career position from
which he/she has, through no
delinquency or misconduct, been
separated but subject position is
already abolished, requiring the
issuance of an appointment to a
comparable position to the separated
employee.
 However, reinstatement (to the same
position/item), which involves the
restoration of a person as a result of a
decision, to a career position from
which he/she has, through no
delinquency or misconduct, been
separated from the service and
subject position is still available, does
not need the issuance of an
appointment
 The employee has a vested right to
his/her former item, hence, he/she is
deemed not to have left the service
and therefore has no gap in the
service. He/She shall be entitled to
back salaries including allowances
and all benefits which would have
accrued if he/she has not been
separated.
 The appointment of the employee
hired to fill the position of an employee
with pending appeal of his/her
dismissal or separation from the service
shall bear a colatilla that his/her
appointment is subject to the
outcome of the case.
 Reassignment is presumed to be
regular and made in the interest or
exigency of public service unless
proven otherwise or if constitutes
constructive dismissal.
Reassignment as constructive dismissal
1. Reassignment of an employee to
perform duties and responsibilities
inconsistent with the duties and
responsibilities of his/her position such
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 as from a position of dignity to a more extension or renewal of the detail shall
servile or menial job; be discretionary on the part of the
2. Reassignment to an office not in the parent agency.
existing organizational structure; 4. The employee may appeal the detail
3. Reassignment to an existing office but order within 15 days upon receipt to
the employee is not given any definite the Commission or CSCRO with
set of duties and responsibilities; jurisdiction if he/she believes there is
4. Reassignment that will cause no justification for the detail. Pending
significant financial dislocation or will appeal, the detail order shall be
cause difficulty or hardship on the executory unless otherwise provided
part of the employee because f by the Commission.
geographic location; 5. During the period of the detail, the
5. Reassignment that is done parent agency relinquishes
indiscriminately or whimsically administrative supervision and control
because the law is not intended as a over the detailed employee to the
convenient shield for the receiving agency.
appointing/disciplining officer to 6. The authority to discipline the detailed
harass or oppress a subordinate on the employee is still vested in the
pretext of advancing and promoting appointing officer/authority of the
public interest such as reassignment of parent agency where he/she belongs
employees twice within a year, or
Designation
reassignment of career service officials
and employees with valid  Movement that involves the imposition
appointments during change of of additional and/or higher duties to
administration of elective and be performed by a public
appointive officials; officer/employee which is temporary
6. The employee may appeal the and can be terminated any time at
reassignment order within 15 days the pleasure of the appointing
upon receipt to the Commission or officer/authority.
CSCRO with jurisdiction, as provided  Designation may involve the
under specific law, if he/she believes performance of the duties of another
there is no justification for the position on a concurrent capacity or
reassignment. Pending appeal, the on full-time basis
reassignment shall not be executory.  A designation in an acting capacity
[CSC v. Pacheco, January 25, 2012] entails not only the exercise of
ministerial functions attached to the
position but also the exercise of
Detail discretion since the person designated
is deemed to be the incumbent of the
Temporary movement of one employee from
position.
one department or agency to another which
 Officials designated as OIC enjoy
does not involve a reduction in work, status,
limited powers which are confined to
or salary.
functions of administration and
1. The detailed employee shall receive ensuring that the office continues its
his/her salary only from his/her parent usual activities.
department or agency  The OIC may not be deemed to
2. Detail without consent shall be possess the power to appoint
allowed only for a period of one (1) employees as the same involves the
year exercise of discretion which is beyond
3. Detail with consent shall be allowed the power of an OIC, unless the
for a maximum of three (3) years. The designation order issued by the proper

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 appointing officer/authority expressly
includes the power to issue an
appointment.
1. Employees to be designated should
hold permanent appointments to
career positions.
2. Designees can only be appointed to
positions within the level they are
currently occupying.
3. For positions without incumbents, a
designation may be made only for a
maximum of one (1) year. However,
the designation of employees maybe
renewed every year in the exigency of
the service but not to exceed two (2)
years.
4. Designation shall be made through an
office order issued by the appointing
officer/authority concerned.
DISABILITIES AND INHIBITIONS OF PUBLIC
OFFICERS
DISABILITIES OF PRESIDENT, VICE PRESIDENT,
MEMBERS OF CABINET, THEIR DEPUTIES AND
ASSISTANTS
During their tenure, the President and Vice
President, as well as Members of the Cabinet
and their deputies and assistants are subject
to prohibitions, namely:
1. They shall not hold, unless otherwise
provided in the Constitution itself, any
other office or employment;
2. They shall not practice any other
profession
3. They shall not participate, directly or
indirectly, in any business;
The phrase "unless otherwise provided in this
Constitution" must be given a literal
interpretation to refer only to those particular
instances cited in the Constitution itself, to wit:
 the Vice-President being appointed as
a member of the Cabinet under
Section 3, par. (2), Article VII;
 or acting as President in those
instances provided under Section 7,
pars. (2) and (3), Article VII
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
 and, the Secretary of Justice being ex-
officio member of the Judicial and Bar
Council by virtue of Section 8 (1),
Article VIII. [Civil Liberties Union v.
Executive Secretary]
 They shall not be financially interested
in any contract with, or in any
franchise, or special privilege granted
by the Government or any subdivision,
agency, or instrumentality thereof,
including government-owned or
controlled corporations or their
subsidiaries; and
 They shall strictly avoid conflict of
interest in the conduct of their office
 The purpose of the prohibition is to
insure that the officials mentioned will
devote their full time and attention to
their official duties, prevent them from
extending special favors to their own
private business which comes under
their official jurisdiction, and assure the
public that they will be faithful and
dedicated in the performance of their
functions.
Disabilities of Members of Congress
1. No Senator or Member of the House of
Representatives may hold any other
office or employment in the
Government, or any subdivision,
agency, or instrumentality thereof,
including government-owned or
controlled corporations or their
subsidiaries, during his term without
forfeiting his seat [Sec. 13, Art. VII];
2. Neither shall he be appointed to any
office which may have been created
or the emoluments thereof increased
during the term for which he was
elected [Sec. 13, Art. VII];
3. No Senator or Member of the House of
Representatives may personally
appear as counsel before any court of
justice or before the Electoral Tribunals,
or quasi-judicial and other
administrative bodies [Sec 13, Art] The
purpose is to remove any possibility of
influence upon the judges of these
courts or heads of members of these
bodies who might be swayed in their
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 decisions by their hope for future
appointments to higher positions.
4. Neither shall he, directly or indirectly,
be interested financially in any
contract with, or in any franchise or
special privilege granted by the
Government, or any subdivision,
agency, or instrumentality thereof,
including any government-owned or
controlled corporation, or its subsidiary,
during his term of office. Financial
interest in any contract is interest
which involves financial investment
(e.g. subscription of capital stock to a
GOCC) or business out of which a
member of Congress is to derive profit
or gain.
5. He shall not intervene in any matter
before any office of the Government
for his pecuniary benefit or where he
may be called upon to act on
account of his office [Sec. 14, Art. VI].
Disqualifications to hold any other office or
employment in the government
Incompatible Office – This includes any kind
of office or employment in the government,
or any subdivision, agency, or instrumentality
thereof, including GOCCS or their subsidiaries
during his term.
The phrase “any other office or employment”
includes any position in the government
outside of Congress, including ex-officio
membership of any non-congressional body,
committee or commission in any guise
whatsoever, unless the second office or
employment is connected with or in aid of
legislative bodies.
Professionalism in the armed forces and
adequate remuneration and benefits of its
members shall be a prime concern of the
State. The armed forces shall be insulated
from partisan politics. No member of the
military shall engage, directly or indirectly, in
any partisan political activity, except to vote
[Sec. 5(3), Art. XVI].
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
Prohibition against acceptance of any
present, etc. from any foreign state
 No elective or appointive public
officer or employee shall receive
additional, double, or indirect
compensation, unless specifically
authorized by law, nor accept without
the consent of the Congress, any
present, emolument, office, or title of
any kind from any foreign
government.
 Pensions or gratuities shall not be
considered as additional, double, or
indirect compensation. [Sec. 8, Art. IX-
B]
Prohibitions imposed on local government
officials
Section 89. Prohibited Business and Pecuniary
Interest. -
(a) It shall be unlawful for any local
government official or employee,
directly or indirectly to
1. Engage in any business transaction
with the local government unit in
which he is an official or employee
or over which he has the power of
supervision, or with any of its
authorized boards, officials, agents,
or attorneys, whereby money is to
be paid, or property or any other
thing of value is to be transferred,
directly or indirectly, out of the
resources of the local government
unit to such person or firm;
2. Hold such interests in any cockpit
or other games licensed by a local
government unit;
3. Purchase any real estate or other
property forfeited in favor of such
local government unit for unpaid
taxes or assessment, or by virtue of
a legal process at the instance of
the said local government unit;
4. Be a surety for any person
contracting or doing business with
the local government unit for
which a surety is required; and
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 5. Possess or use any public property
of the local government unit for
private purposes.
(b) All other prohibitions governing
the conduct of national public
officers relating to prohibited
business and pecuniary interest so
provided for under Republic Act
Numbered Sixty-seven thirteen
(R.A. No. 6713) otherwise known as
the “Code of Conduct and Ethical
Standards for Public Officials and
Employees” and other laws shall
also be applicable to local
government officials and
employees
SECTION 90. Practice of Profession
A. All governors, city and municipal
mayors are prohibited from practicing
their profession or engaging in any
occupation other than the exercise of
their functions as local chief
executives.
B. Sanggunian members may practice
their professions, engage in any
occupation, or teach in schools
except during session hours:
Provided, That sanggunian members who are
also members of the Bar shall not
1. Appear as counsel before any court in
any civil case wherein a local
government unit or any office,
agency, or instrumentality of the
government is the adverse party;
2. Appear as counsel in any criminal
case wherein an officer or employee
of the national or local government is
accused of an offense committed in
relation to his office.
3. Collect any fee for their appearance
in administrative proceedings involving
the local government unit of which he
is an official; and
4. Use property and personnel of the
government except when the
sanggunian member concerned is
defending the interest of the
government.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
5. Doctors of medicine may practice
their profession even during official
hours of work only on occasions of
emergency: Provided, That the officials
concerned do not derive monetary
compensation therefrom
SECTION 93. Partisan Political Activity.
No local official or employee in the career
civil service shall engage directly or indirectly
in any partisan political activity or take part in
any election, initiative, referendum,
plebiscite, or recall, except to vote, nor shall
he use his official authority or influence to
cause the performance of any political
activity by any person or body. He may,
however, express his views on current issues,
or mention the names of certain candidates
for public office whom he supports. Elective
local officials may take part in partisan
political and electoral activities, but it shall be
unlawful for them to solicit contributions from
their subordinates or subject these
subordinates to any of the prohibited acts
under the Omnibus Election Code.
LIABILITIES OF PUBLIC OFFICERS
Doctrine of Official Immunity from Liabilities
 It is generally recognized that public
officers and employees would be
unduly hampered, deterred, and
intimidated in the discharge of their
duties, if those who act improperly, or
even exceed the authority given
them, were not protected to some
reasonable degree by being relieved
from private liability.
 The protection afforded by the
doctrine generally applies only to
activities within the scope of the office
that are in good faith and are not
reckless, malicious, or corrupt.
 In the absence of clear and
convincing proof to the contrary,
public officers or employees are
presumed to have performed their
official duties regularly, properly and
lawfully. [Fajardo v. OMB, August 23,
2012]
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Official Immunity and State Immunity
Distinguished
 The immunity of public officials is a
more limited principle than
governmental immunity, since its
purpose is not directly to protect the
sovereign, but rather to do so only
collaterally, by protecting the public
official in the performance of his
governmental function.
 The principle of immunity from suit is
embodied in Section 3, Article XVI of
the 1987 Constitution which states that
the “State cannot be sued without its
consent
 The purpose behind this principle is to
prevent the loss of governmental
efficiency as a result of the time and
energy it would require to defend itself
against lawsuits. [City of Bacolod v.
Phuture Visions, January 17, 2018]
Three-fold Liability Rule
 Under the ‘threefold liability rule,’ the
wrongful acts or omissions of a public
officer may give rise to civil, criminal
and administrative liability.
 The settled rule is that criminal and
administrative cases are separate and
distinct from each other.
 In criminal cases, proof beyond
reasonable doubt is needed whereas
in administrative proceedings, only
substantial evidence is required. Verily,
administrative cases may proceed
independently of criminal proceedings
 In criminal actions, proof beyond
reasonable doubt is required for
conviction; in civil actions and
proceedings, preponderance of
evidence, as support for a judgment;
and in administrative cases, substantial
evidence, as basis for adjudication.
ARIAS DOCTRINE
 In Arias, six people comprising heads
of offices and their subordinates were
charged with violation of Section 3 (e)
of R.A. 3019. The accused therein
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
allegedly conspired with one another
in causing, allowing, and/or approving
the illegal and irregular disbursement
and expenditure of public funds.
 In acquitting the two heads of offices,
the Court ruled that they could not be
held liable for the acts of their
dishonest or negligent subordinates
because they failed to personally
examine each detail of a transaction
before affixing their signatures in good
faith
 The good faith of heads of offices in
signing a document will only be
appreciated if they, with trust and
confidence, have relied on their
subordinates in whom the duty is
primarily lodged.
 The good faith of heads of offices in
signing a document will only be
appreciated if they, with trust and
confidence, have relied on their
subordinates in whom the duty is
primarily lodged.
 The Arias doctrine espouses the
general rule that all heads of office
cannot be convicted of a conspiracy
charge just because they did not
personally examine every single detail
before they, as the final approving
authority, affixed their signatures on
the subject documents.
 The Arias doctrine states that "[a]ll
heads of offices have to rely to a
reasonable extent on their
subordinates and on the good faith of
those who prepare bids, purchase
supplies, or enter into negotiations."
 In Arias, the Court, recognizing the
volume of documents department
heads are required to routinely sign,
held that such heads "have to rely, to
a reasonable extent, on their
subordinates and on the good faith of
those who prepare bids, purchase
supplies, or enter into negotiations.
 Therein, the Court proceeded to rule
that a finding of conspiracy to defraud
the government cannot be made to
rest on the department head's
signature alone, in the absence of
Page 9
 some reason or irregularity which
would impel further inquiry.
 The Arias doctrine is not an absolute
rule. It is not a magic cloak that can
be used as a cover by a public officer
to conceal himself in the shadows of
his subordinates and necessarily
escape liability.
The Office of the Ombudsman
 THE OMBUDSMAN AND HIS DEPUTIES, as
protectors of the people shall act
promptly on complaints filed in any
form or manner against officers or
employees of the Government, or of
any subdivision, agency or
instrumentality thereof, including
government-owned or controlled
corporations, and enforce their
administrative, civil and criminal
liability in every case where the
evidence warrants in order to promote
efficient service by the Government to
the people (Section 13, R.A. No. 6770;
see also Section 12 Article XI of the
1987 Constitution).
 The Ombudsman shall give priority to
complaints filed against high ranking
government officials and/or those
occupying supervisory positions,
complaints involving grave offenses as
well as complaints involving large sums
of money and/or properties (Sec. 15,
R.A. No. 6770).
MISSION
As protectors of the people, we shall
endeavor, in cooperation with all sectors of
the Filipino society, to promote integrity and
efficiency and high ethical standards in
public service through proactive approaches
in graft prevention and public assistance,
prompt investigation of complaints and
aggressive prosecution of cases filed against
erring public officials and employees
VISION
A truly independent office run by God-
fearing men and women with the highest
degree of competence, honesty and
integrity and effectively serving as watchdog,
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
mobilizer, official critic and dispenser of
justice for the people it is constitutionally
mandated to protect
ORIGINS
 The OMBUDSMAN is a time-tested
institution which evolved in the
Scandinavian countries. It was aimed
at giving the common people a
tribunal to which they can readily
ventilate their grievances against the
government.
 King Charles XII of Sweden is generally
credited with initiating the office of the
ombudsman. An official with the title
of Hogsta Ombudsman (Supreme
Royal Ombudsman) was appointed in
1713. He was assigned to "keep an eye
on royal officials" and supervise
observance of the laws.
 The term ombudsman was borrowed
from Swedish, where it means
"representative," and ultimately derives
from the Old Norse
words umboth ("commission")
and mathr ("man"). [Merriam-Webster;
See also Ifurung v. OMB]
HISTORY- PHILIPPINES
 In the Philippines, the Permanent
Commission in the Revolutionary
Government may be considered a
precursor of the present Office of
the Ombudsman.
 Succeeding administrations likewise
provided for the creation of
agencies to handle cases of
corruption in the government
service.
 An Integrity Board was created by
President Quirino in 1950. President
Magsaysay immediately upon
assumption to office created the
Presidential Complaints and Action
Commission in 1957. President
Garcia created the Presidential
Committee on Administration
Performance Efficiency in 1958 and
President Macapagal created a
Presidential Anti-Graft Committee
in 1962. President Marcos in 1966
Page 10
 created a Presidential Agency on
Reforms and Government
Operations
 The 1973 Constitution (Sections 5
and 6, Article XIII) provided for the
establishment of a special court
known as the Sandiganbayan and
an Office of the Ombudsman
known as the Tanodbayan.
Presidential Decree Nos. 1486 and
1487 created the Sandiganbayan
and Tanodbayan, respectively, on
June 11, 1978. Subsequent
amendments were made to both
decrees.
Powers, Functions and Duties
1. Investigate and prosecute on its own
or on complaint by any person, any
act or omission of any public officer or
employee, office or agency, when
Preventive Suspension
such act or omission appears to be
illegal, unjust, improper or inefficient;
2. Direct, upon complaint or at its own
instance, any officer or employee of
the Government, or of any subdivision,
agency or instrumentality thereof, as
well as any government-owned or
controlled corporations with original
charter, to perform and expedite any
act or duty required by law, or to stop,
prevent, and correct any abuse or
impropriety in the performance of
duties;
3. Direct the officer concerned to take
appropriate action against a public
officer or employee at fault or who
neglect to perform an act or
discharge a duty required by law, and
recommend his removal, suspension,
demotion, fine, censure, or
prosecution, and ensure compliance
therewith; or enforce its disciplinary
authority as provided in Section 21 of
this Act: Provided, That the refusal by
any officer without just cause to
comply with an order of the
Ombudsman to remove, suspend,
demote, fine, censure, or prosecute
an officer or employee who is at fault
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
or who neglects to perform an act or
discharge a duty required by law shall
be a ground for disciplinary action
against said officer;
4. Direct the officer concerned, in any
appropriate case, and subject to such
limitations as it may provide in its rules
of procedure, to furnish it with copies
of documents relating to contracts or
transactions entered into by his office
involving the disbursement or use of
public funds or properties, and report
any irregularity to the Commission on
Audit for appropriate action;
5. Request any government agency for
assistance and information necessary
in the discharge of its responsibilities,
and to examine, if necessary, pertinent
records and documents;
 The Ombudsman or his Deputy may
preventively suspend any officer or
employee under his authority pending
an investigation, if in his judgment the
evidence of guilt is strong, and (a) the
charge against such officer or
employee involves dishonesty,
oppression or grave misconduct or
neglect in the performance of duty;
(b) the charges would warrant
removal from the service; or (c) the
respondent's continued stay in office
may prejudice the case filed against
him.
 SECTION 9. Preventive Suspension.
Pending investigation, the respondent
maybe preventively suspended
without pay if, in the judgment of the
Ombudsman or his proper deputy, the
evidence of guilt is strong and (a) the
charge against such officer or
employee involves dishonesty,
oppression or gross misconduct or
gross neglect in the performance of
duty; or (b) the charge would warrant
removal from the service; or (c) the
respondent’s continued stay in office
may prejudice the just, fair and
independent disposition of the case
Page 11
 filed against him. [Administrative Order
No. 7]
 The preventive suspension shall
continue until the case is terminated
by the Office of the Ombudsman but
not more than six months, without pay,
except when the delay in the
disposition of the case by the Office of
the Ombudsman is due to the fault,
negligence or petition of the
respondent, in which case the period
of such delay shall not be counted in
computing the period of suspension
herein provided.
 Section 51 and Section 52, Chapter 6,
Subtitle A, Title I, Book V of the EO 292
respectively contain the rule on
preventive suspension of a civil service
officer or employee pending
investigation, and the duration of the
preventive suspension, viz:
 Section 51. Preventive Suspension. –
The proper disciplining authority may
preventively suspend any subordinate
officer or employee under his authority
pending an investigation, if the charge
against such officer or employee
involves dishonesty, oppression or
grave misconduct, or neglect in the
performance of duty, or if there are
reasons to believe that the respondent
is guilty of charges which would
warrant his removal from the service.
 Under Section 51, supra, the imposition
of preventive suspension by the proper
disciplining authority is authorized
provided the charge involves
dishonesty, oppression, or grave
misconduct, or neglect in the
performance of duty, or if there are
reasons to believe that the respondent
is guilty of charges which would
warrant his removal from the service.
 Section 51 nowhere states or implies
that before a preventive suspension
may issue there must be proof that the
subordinate may unduly influence the
witnesses against him or may tamper
the documentary evidence on file in
her office.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
 Section 52. Lifting of Preventive
Suspension Pending Administrative
Investigation. – When the
administrative case against the officer
or employee under preventive
suspension is not finally decided by the
disciplining authority within the period
of ninety (90) days after the date of
suspension of the respondent who is
not a presidential appointee, the
respondent shall be automatically
reinstated in the service: Provided,
That when the delay in the disposition
of the case is due to the fault,
negligence or petition of the
respondent, the period of delay shall
not be counted in computing the
period of suspension herein provided.
KINDS
The first is the preventive suspension pending
investigation, and the second is the
preventive suspension pending appeal
where the penalty imposed by the
disciplining authority is either suspension or
dismissal but after review the respondent
official or employee is exonerated.
PS Pending Investigation
 Preventive suspension pending
investigation is not a penalty. It is a
measure intended to enable the
disciplining authority to investigate
charges against respondent by
preventing the latter from intimidating
or in any way influencing witnesses
against him.
 If the investigation is not finished and a
decision is not rendered within that
period, the suspension will be lifted
and the respondent will automatically
be reinstated. If after investigation,
respondent is found innocent of the
charges and is exonerated, he should
be reinstated.
 To the extent that there may be cases
of indefinite suspension imposed either
under Section 13 of Rep. Act 3019, or
Section 42 of Pres. Decree 807, it is best
Page 12
 for the guidance of all concerned that
this Court set forth the rules on the
period of preventive suspension under
the aforementioned laws, as follows:
1. Preventive suspension under
Section 13, Rep. Act 3019 as
amended shall be limited to a
maximum period of ninety (90)
days, from issuance thereof,
and this applies to all public
officers, (as defined in Section
2(b) of Rep. Act 3019) who are
validly charged under said Act.
2. Preventive suspension under
Section 42 of Pres. Decree 807
shall apply to all officers or
employees whose positions are
embraced in the Civil Service,
as provided under Sections 3
and 4 of said Pres. Decree 807;
and shall be limited to a
maximum period of ninety (90)
days from issuance, except
where there is delay in the
disposition of the case, which is
due to the fault, negligence or
petition of the respondent, in
which case the period of delay
shall not be counted in
computing the period of
suspension herein stated;
provided that if the person
suspended is a presidential
appointee, the continuance of
his suspension shall be for a
reasonable time as the
circumstances of the case may
warrant.
3. The preventive suspension shall
continue until the case is
terminated by the Office of the
Ombudsman but not more than
six (6) months, without pay,
except when the delay in the
disposition of the case by the
Office of the Ombudsman is
due to the fault, negligence or
petition of the respondent, in
which case the period of such
delay shall not be counted in
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
computing the period of
suspension herein provided.
Judicial review in administrative proceedings
 The Court of Appeals has jurisdiction
over orders, directives and decisions of
the Office of the Ombudsman in
administrative disciplinary cases only.
 In the Fabian (v. Desierto) case, we
[SC] ruled that appeals from decisions
of the Office of the Ombudsman in
administrative disciplinary cases should
be taken to the Court of Appeals
under Rule 43 of the 1997 Rules of Civil
Procedure.
Judicial review in penal proceedings
 In Estrada v. Desierto, the Court
emphasized that parties seeking to
question the resolutions of the Office
of the Ombudsman in criminal cases
or non-administrative cases, may file
an original action for certiorari with this
[Supreme] Court, not with the CA,
when it is believed that the
Ombudsman acted with grave abuse
of discretion.
SANDIGANBAYAN
The creation of the Sandiganbayan was
originally provided for by Article XIII of the
1973 Constitution
"SEC. 5. The National Assembly shall create a
special court, to be known as
Sandiganbayan, which shall have jurisdiction
over criminal and civil cases involving graft
and corrupt practices and such other
offenses committed by public officers and
employees, including those in government-
owned or controlled corporations, in relation
to their office as may be determined by law.
In obedience to this mandate, the late
President Ferdinand E. Marcos, exercising the
emergency legislative power granted him
under Amendment No. 6 of the 1976
Amendments to the 1973 Constitution, issued
on June 11, 1978, Presidential Decree No.
1486 creating the Sandiganbayan and
putting it on the same level as what were
then known as the Courts of First Instance,
Page 13
now the Regional Trial Courts. Shortly  Officials of the executive branch
thereafter, however, the Sandiganbayan was occupying the positions of regional
elevated to the level of the Court of Appeals director and higher, otherwise
by virtue of Presidential Decree No. 1606 classified as Grade '27' and higher, of
issued on December 10, 1978. the Compensation and Position
Classification Act of 1989 (Republic
 The historic EDSA Revolution of
Act No. 6758), specifically including:
February 1986 that signaled the
a. Provincial governors, vice-
beginning of a new dispensation,
governors, members of the
caused substantial changes in the
sangguniang panlalawigan,
entire government machinery,
and provincial treasurers,
including the judiciary.
assessors, engineers, and other
 However, both the 'Freedom
provincial department heads;
Constitution' and the new Constitution
b. City mayors, vice-mayors,
have seen fit to maintain the
members of the sangguniang
Sandiganbayan as one of the
panlungsod, city treasurers,
principal instruments of public
assessors, engineers, and other
accountability.
city department heads;
 With the advent of the 1987
c. Officials of the diplomatic
Constitution, the special court was
service occupying the position
retained as provided for in Section 4,
of consul and higher;
Article XI thereof. Aside from Executive
d. Philippine army and air force
Order Nos. 14 and 14-a, and R.A.
colonels, naval captains, and
7080, which expanded the jurisdiction
all officers of higher rank;
of the Sandiganbayan, P.D. No. 1606
e. Officers of the Philippine
was further modified by R.A. No.
National Police while
7975, R.A. No. 8249, and recently, R.A.
occupying the position of
No. 10660.
provincial director and those
 SEC. 4. R.A. 10660. Jurisdiction. - The
holding the rank of senior
Sandiganbayan shall exercise
superintendent and higher;
exclusive original jurisdiction in all
f. City and provincial prosecutors
cases involving:
and their assistants, and officials
a. Violations of Republic Act No.
and prosecutors in the Office of
3019, as amended, otherwise
the Ombudsman and special
known as the Anti-Graft and
prosecutor;
Corrupt Practices Act, Republic
g. Presidents, directors or trustees,
Act No. 1379 [An Act Declaring
or managers of government-
Forfeiture in Favor of the State
owned or controlled
Any Property Found to have
corporations, state universities
been Unlawfully Acquired by
or educational institutions or
Any Public Officer or Employee
foundations.
and Providing for the
 Members of Congress and officials
Proceedings Therefore], and
thereof classified as Grade '27' and
Chapter II, Section 2, Title VII,
higher under the Compensation and
Book II of the Revised Penal
Position Classification Act of 1989;
Code,
 Members of the judiciary without
 where one or more of the accused are
prejudice to the provisions of the
officials occupying the following
Constitution;
positions in the government, whether
 Chairmen and members of the
in a permanent, acting or interim
Constitutional Commissions, without
capacity, at the time of the
commission of the offense:
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG Page 14
 prejudice to the provisions of the
Constitution; and
 All other national and local officials
classified as Grade '27' and higher
under the Compensation and Position
Classification Act of 1989.
a. Other offenses or felonies
whether simple or complexed
with other crimes committed by
the public officials and
employees mentioned in
subsection a. of this section in
relation to their office
b. Civil and criminal cases filed
pursuant to and in connection
with Executive Order Nos. 1, 2,
14 and 14-A, issued in 1986.
 In case private individuals are charged
as co-principals, accomplices or
accessories with the public officers or
employees, including those employed
in government-owned or controlled
corporations, they shall be tried jointly
with said public officers and
employees in the proper courts which
shall exercise exclusive jurisdiction over
them.
Based on the afore-quoted, those that fall
within the original jurisdiction of the
Sandiganbayan are:
a. officials of the executive branch with
Salary Grade 27 or higher, and
b. officials specifically enumerated in
Section 4 (A) (1) (a) to (g), regardless
of their salary grades.
While the first part of Section 4 (A) covers only
officials of the executive branch with Salary
Grade 27 and higher, its second part
specifically includes other executive officials
whose positions may not be of Salary Grade
27 and higher but who are by express
provision of law placed under the jurisdiction
of the Sandiganbayan.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
Termination of Official Relations
MODES OF TERMINATING OFFICIAL RELATIONS
1. Expiration of term or tenure
 Term is the period of time during which
a public officer has the right to hold
the public office; tenure is the period
of time during which the public officer
actually held office.
 The term means the time during which
the officer may claim to hold office as
of right, and fixes the interval after
which the several incumbents shall
succeed one another. The tenure
represents the term during which the
incumbent actually holds the office.
 The term of office is not affected by
the hold-over. The tenure may be
shorter than the term for reasons within
or beyond the power of the
incumbent. [Gaminde vs. COA, 347
SCRA 655 (2000)]
 When a public officer holds office at
the pleasure of the appointing
authority, his being replaced shall be
regarded as termination through
expiration of term, not removal.
Commencement of the term of office; Rules
a. Where the statute fixes a period within
which a chosen officer may arrange
his affairs and qualify for the office in a
prescribed manner, his term begins
upon qualification.
b. Where no time is fixed by law for the
commencement of his official term, it
begins from the date of appointment
in cases of an appointive office, or
from the date of election, in case of
an elective office.
c. Where the law fixing the term of a
public office is ambiguous, the one
that fixes the term at the shortest
period should be followed.
d. Where both the duration of the term of
office and the time of
commencement or termination are
fixed by constitutional or statutory
provisions, a person elected or
appointed to fill the vacancy in such
Page 15
 office shall hold the same only for the
unexpired portion of the term.
e. Where only the duration of the term is
fixed, but no time is established for the
beginning or end of the term, the
person selected to fill the vacancy in
such office may serve the full term and
not merely the unexpired balance of
the prior incumbent’s term.
f. Where an office is created, or an
officer is appointed, for the purpose of
performing a single act or the
accomplishment of a given result, the
office terminates and the officer’s
authority ceases with the
accomplishment of the purposes
which called it into being.
The Principle of Hold-Over
 In the absence of any express or
implied constitutional or statutory
provision to the contrary, the public
officer is entitled to hold his office until
his successor shall have been duly
chosen and shall have qualified.
 The rule of holdover can only apply as
an available option where no express
or implied legislative intent to the
contrary exists; it cannot apply where
such contrary intent is evident. [Kida v.
Senate, February 28, 2012]
 The concept of holdover when
applied to a public officer implies that
the office has a fixed term and the
incumbent is holding onto the
succeeding term.
 It is usually provided by law that
officers elected or appointed for a
fixed term shall remain in office not
only for that term but until their
successors have been elected and
qualified
 Where this provision is found, the office
does not become vacant upon the
expiration of the term if there is no
successor elected and qualified to
assume it, but the present incumbent
will carry over until his successor is
elected and qualified, even though it
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
be beyond the term fixed by
law. [Lecaroz v. Sandiganbayan,
March 25, 1999]
Illustration
Sec. 5. Hold Over. – All incumbent barangay
officials and sangguniang kabataan officials
shall remain in office unless sooner removed
or suspended for cause until their successors
shall have been elected and qualified. The
provisions of the Omnibus Election Code
relative to failure of elections and special
elections are hereby reiterated in this Act.
[R.A. 9164]
Purpose of the above Principle
 The application of the hold-over
principle preserves continuity in the
transaction of official business and
prevents a hiatus in government
pending the assumption of a
successor into office. [State ex rel. Coe
v. Lee, 147 Fla 464; Burnett v. Brown,
194 Va. 103]
 As held in Topacio Nueno v. Angeles,
cases of extreme necessity justify the
application of the hold-over principle.
[76 Phil. 12 (1946)]
 Authorities are almost unanimous that
one who continues with the discharge
of the functions of an office after the
expiration of his or her legal term––no
successor having, in the meantime,
been appointed or chosen––is
commonly regarded as a de
facto officer, even where no provision
is made by law for his holding over
and there is nothing to indicate the
contrary. By fiction of law, the acts of
such de facto officer are considered
valid and effective. [Seneres v. HRET,
April 16, 2009]
 Article 237. Prolonging performance of
duties and powers. - Any public officer
shall continue to exercise the duties
and powers of his office, employment
or commission, beyond the period
provided by law, regulation or special
provisions applicable to the case, shall
suffer the penalties of prision
correccional in its minimum period,
Page 16
 special temporary disqualification in its
minimum period and a fine not
exceeding 500 pesos. [Revised Penal
Code]
a. Reaching the Age Limit
 Compulsory retirement age:
Seventy (70) years of age for
members of the Judiciary [Art. VIII,
Section 6]; sixty-five (65) for other
government officers and
employees as provided by law.
 Special retirement laws, e.g., R.A.
1616, which allows optional
retirement after an officer has
rendered a minimum number of
years of government service, when
availed of by the public officer, will
result in termination of official
relationship through reaching the
age limit (or retirement).
 Section 8(g) of R.A. No. 9262 should
be construed as laying down an
exception to the general rule that
retirement benefits are exempt
from execution. The law itself
declares that the court shall order
the withholding of a percentage of
the income or salary of the
respondent by the employer,
which shall be automatically
remitted directly to the woman
"[n]otwithstanding other laws to the
contrary.“ [Republic v. Yahon, June
16, 2014]
b. Resignation
 The act of giving up or the act of a
public officer by which he declines his
office and renounces the further right
to use it.
 It is an expression of the incumbent in
some form, express or implied, of the
intention to surrender, renounce and
relinquish the office and the
acceptance thereof by competent
and lawful authority
 Resignation must be voluntary on the
part of the public officer. When
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
procured by fraud or by duress, the
resignation may be repudiated.
 Resignation must be accepted by
competent authority, either expressly
or impliedly (as in the appointment of
a successor).
 In the Philippines, acceptance of
resignation is necessary, because Art.
238 of the Revised Penal Code
penalizes any public officer who,
before the acceptance of his
resignation, abandons his office to the
detriment of the public service.
The Accepting Authority
 Acceptance of the resignation shall
be made by competent authority, as
provided by law.
 Under the 2017 Omnibus Rules on
Appointments and other Human
Resource Actions, the following rules
must be observed.
a. An official or employee is
deemed to have tendered
his/her resignation upon receipt
by the appointing
officer/authority of the former’s
written resignation.
b. Pending receipt by the official
or employee of the action
taken by the appointing
officer/authority on the
resignation, the official or
employee shall remain in office
and retain all the powers, duties
and responsibilities
appurtenant thereto.
c. In case the resignation of the
official or employee remains
unacted upon for 30 days from
receipt of the formal letter of
resignation by the appointing
officer/authority, it shall be
deemed complete and
operative on the specified date
of effectivity or 30 days from
submission thereof, in cases
where the effectivity date is not
specified. Xxx
d. In the interest of service,
however, the appointing officer
Page 17
 or employee may set a date of
effectivity of resignation, but in
no case shall be earlier than the
date specified in the letter of
resignation or 30 days from
submission thereof. The
acceptance of the resignation
is mandatory.
e. The official or employee
concerned may withdraw the
tender of resignation any time
prior to receipt of notice of
acceptance of the resignation
from the appointing
office/authority or before the
lapse of the 30-day period
given for the latter to act on the
resignation, whichever comes
first
f. Until the resignation is
accepted, the tender of
resignation is revocable. Once
the resignation is deemed
complete and operative, the
withdrawal thereof shall not
automatically restore the
employee to his/her former
position. [Section 104]
Under Sec. 82, R.A. 7160, the following are the
officers authorized to accept resignations of
local elective officials:
 President, in case of governors, vice
governors, and mayors and vice-
mayors of highly urbanized cities and
independent component cities;
 Governor, in the case of municipal
mayors and vice-mayors, city mayors
and vice-mayors of component cities;
 Sanggunian concerned, in case of
sanggunian members
 City or municipal mayor, in the case of
barangay officials.
Take Note:
The resignation shall be deemed accepted if
not acted upon by the authority concerned
within 15 working days from receipt thereof.
 Irrevocable resignations by
sanggunian members shall be
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
deemed accepted upon presentation
before an open session of the
sanggunian concerned and duly
entered in its records, except where
the sanggunian members are subject
to recall elections or to cases where
existing laws prescribe the manner of
acting upon such resignations.
The President and Vice President
tender their resignations with
Congress;
Members of Congress, with their
respective Houses.
c. Recall
The termination of official relationship
of an elective official for loss of
confidence prior to the expiration of
his term through the will of the
electorate
a. By whom exercised. By the registered
voters of a local government unit to
which the local elective official subject
to such recall belongs [Sec. 69, R.A.
7160].
b. Initiation of the recall process [Sec. 70,
R.A. 7160]. By the registered voters of
the local government unit
c. Procedure for initiating recall. Recall of
a provincial, city, municipal or
barangay official shall be initiated
upon petition by at least 25% of the
total number of registered voters in the
local government unit concerned
during the election in which the local
official sought to be recalled was
elected.
In Angobung v. Comelec (March 5, 1997),
the Supreme Court underscored the need for
a petition signed by at least 25% of the total
number of registered voters in the
constituency in order to validly initiate a
recall election
a. A written petition for recall duly signed
before the election registrar or his
representative, and in the presence of
a representative of the petitioner and
Page 18
 a representative of the official sought
to be recalled and, and in a public
place in the province, city,
municipality, or barangay, as the case
may be, shall be filed with the
COMELEC through its office in the
local government unit concerned. The
COMELEC or its duly authorized
representative shall cause the
publication of the petition in a public
and conspicuous place for a period of
not less than ten (10) days nor more
than twenty (20) days, for the purpose
of verifying the authenticity and
genuineness of the petition and the
required percentage of voters.
b. Upon the lapse of the aforesaid
period, the COMELEC or its duly
authorized representative shall
announce the acceptance of
candidates to the position and
thereafter prepare the list of
candidates which shall include the
name of the official sought to be
recalled.
Section 71. Election on Recall. - Upon the
filing of a valid resolution or petition for recall
with the appropriate local office of the
COMELEC, the Commission or its duly
authorized representative shall set the date of
the election on recall, which shall not be later
than thirty (30) days after the filing of the
resolution or petition for recall in the case of
the barangay, city, or municipal officials and
forty-five (45) days in the case of provincial
officials. The official or officials sought to be
recalled shall automatically be considered as
duly registered candidate or candidates to
the pertinent positions and, like other
candidates, shall be entitled to be voted
upon.
 Section 72. Effectivity of Recall. - The
recall of an elective local official shall
be effective only upon the election
and proclamation of a successor in
the person of the candidate receiving
the highest number of votes cast
during the election on recall. Should
the official sought to be recalled
receive the highest number of votes,
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
confidence in him is thereby affirmed,
and he shall continue in office.
Section 73. Prohibition from Resignation. - The
elective local official sought to be recalled
shall not be allowed to resign while the recall
process is in progress.
Section 74. Limitations on Recall. -
a. Any elective local official may be the
subject of a recall election only once
during his term of office for loss of
confidence
b. No recall shall take place within one
(1) year from the date of the official's
assumption to office or one (1) year
immediately preceding a regular local
election.
d. Removal
Removal entails the ouster of an
incumbent before the expiration of his
term.
Constitutional guarantee of security of
tenure: No officer or employee of the
civil service shall be removed or
suspended except for cause provided
by law [Sec. 2(3), Art. IX-B,
Constitution]
Grounds for removal/suspension under
the Constitution
a. Members of Congress – each House
may punish its members for disorderly
behavior and, with the concurrence of
2/3 of all its members, suspend or
expel a member. A penalty of
suspension, when imposed, shall not
exceed 60 days. [Art. VI, Sec. 16(3)]
b. The President, the Vice-President, the
Members of the Supreme Court, the
Members of the Constitutional
Commissions, and the Ombudsman
may be removed from office on
impeachment for, and conviction of,
culpable violation of the Constitution,
treason, bribery, graft and corruption,
other high crimes, or betrayal of public
trust. All other public officers and
employees may be removed from
Page 19
 office as provided by law, but not by
impeachment.
Grounds for Dismissal under RRACCS
The following grave offenses shall be
punishable by dismissal from the service:
1. Serious Dishonesty;
2. Gross Neglect of Duty;
3. Grave Misconduct;
4. Being Notoriously Undesirable;
5. Conviction of a crime involving moral
turpitude;
6. Falsification of official document;
7. Physical or mental incapacity or disability
due to immoral or vicious habits; [Section 46,
RRACCS]
8. Receiving for personal use of a fee, gift or
other valuable thing in the course of official
duties or in connection therewith when such
fee, gift or other valuable thing is given by
any person in the hope or expectation of
receiving a favor or better treatment than
that accorded to other persons, or
committing acts punishable under the anti-
graft laws;
9. Contracting loans of money or other
property from persons with whom the office
of the employee has business relations
10. Soliciting or accepting directly or
indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary
value which in the course of his/her official
duties or in connection with any operation
being regulated by, or any transaction which
may be affected by the functions of his/her
office. The propriety or impropriety of the
foregoing shall be determined by its value,
kinship, or relationship between giver and
receiver and the motivation. A thing of
monetary value is one which is evidently or
manifestly excessive by its very nature;
11. Nepotism; and
12. Disloyalty to the Republic of the
Philippines and to the Filipino people.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
Nepotism
No appointment in the national government
or any branch or instrumentality thereof,
including GOCCs with original charters shall
be made in favor of a relative of the
appointing or recommending
officer/authority, or of the chief of the bureau
or of the person exercising immediate
supervision over the appointee.
Unless otherwise provided by law, the word
“relative” and the members of the family
referred to are those related within the third
degree either of consanguinity or affinity.
[Sec. 125, ORAOHRA]
In the local government service, the
prohibition extends to the relatives of the
appointing or recommending
officer/authority within the fourth civil degree
of consanguinity or affinity.
However, for the non-career service in the
local government, the prohibition extends to
the third degree of either consanguinity or of
affinity of the appointing or recommending
officer/authority, or head of office, or of the
person exercising immediate supervision over
the appointee.
Who are exempted from the operation of the
rules on nepotism?
 Persons employed in a confidential
capacity
 Teachers
 Physicians
 Members of the AFP
 Science and technology personnel
under R.A. 8439 [for the list of
exempted S&T positions see CSC
Resolution No. 04-0860]
 Other positions as maybe provided by
law
Acceptance of an Incompatible Office
Acceptance of incompatible office ipso
facto vacates the other. There is no necessity
for any proceeding to declare or complete
the vacation of the first office.
Exception: Where the public officer is
authorized by law to accept the other office,
Page 20
e.g., the Secretary of Justice who is, by Abolition of office; requisites
express provision of the Constitution, a
 The abolition must be made in good
member of the Judicial and Bar Council.
faith,
When offices are incompatible with each  with the clear intent to do away with
other the office, not for personal or political
reasons, and
Incompatibility is to be found in the character
 cannot be implemented in a manner
of the offices and their relation to each other,
contrary to law [not implemented in
in the subordination of one to the other, and
violation of law].
in the nature of the functions and duties
which attach to them. The creation and abolition of public offices is
primarily a legislative function. It is
1. There is conflict in such duties and
acknowledged that Congress may abolish
functions, so that the performance of
any office it creates without impairing the
the duties of one interferes with the
officer's right to continue in the position
performance of the duties of the
held and that such power may be exercised
other, as to render it improper from
for various reasons, such as the lack of funds
consideration of public policy for one
or in the interest of economy.
person to retain both;
However, in order for the abolition to be
2. One is subordinate to the other and is
valid, it must be made in good faith, not for
subject in some degree to its
political or personal reasons, or in order to
supervisory power for obviously in such
circumvent the constitutional security of
a situation where both positions are
tenure of civil service employees.
held by the same person, the design
[Canonizado vs. Aguirre, January 25, 2000]
that one acts as a check on the other
would be frustrated;

3. The Constitution or the law itself, for
reasons of public policy, declares the
incompatibility even though there is no
inconsisteny in the nature and
functions of the offices.
Abolition of Office
Except when restrained by the Constitution,
Congress has the right to abolish an office,
even during the term for which an existing
incumbent may have been elected.
Prescription of the right to office
The Rules of Court provide that a petition for
reinstatement (after illegal ouster or dismissal),
or the recovery of the public office, must be
instituted within one (1) year from the date
the petitioner is unlawfully ousted from his
office.
The rationale is that title to public office
should not be subjected to uncertainties but
should be determined as speedily as possible.

By abolishing a public office, Congress does Impeachment

not deprive the incumbent of any
 It is a constitutional process of
constitutional rights for he has no contractual
removing public servants from office
right or property interest in the office. He
as an assurance against abusive
accepts it with the understanding that it may
officials in the country.
be abolished anytime.
 It serves as protection for the state and
a) Constitutional offices cannot be abolished not to accomplish criminal
by Congress. punishment.
 The object of impeachment is solely to
b) No law shall be passed reorganizing the
determine whether or not the official is
Judiciary when it undermines the security of
still worthy of the trust conferred upon
tenure of its members [Sec. 2, Art. VIII,
him/her.
Constitution].
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG Page 21
  It is NOT the determination of criminal
guilt or innocence as in a criminal
case.
 Impeachment refers to the power of
Congress to remove a public official
for serious crimes or misconduct as
provided in the Constitution.
 A mechanism designed to check
abuse of power, impeachment has its
roots in Athens and was adopted in
the United States (US) through the
influence of English common law on
the Framers of the US Constitution.
 Impeachment, described as "the most
formidable weapon in the arsenal of
democracy,“ was foreseen as
creating divisions, partialities and
enmities, or highlighting pre-existing
factions with the greatest danger that
"the decision will be regulated more
by the comparative strength of
parties, than by the real
demonstrations of innocence or guilt.”
[Corona vs. Senate, July 17, 2012]
Who are impeachable officers?
Section 2. The President, the Vice-President,
the Members of the Supreme Court, the
Members of the Constitutional Commissions,
and the Ombudsman may be removed from
office on impeachment for, and conviction
of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other
high crimes, or betrayal of public trust. All
other public officers and employees may be
removed from office as provided by law, but
not by impeachment. [Article XI]
Grounds for Impeachment
Treason
Any person who, owing allegiance to the
Government of the Philippines, not being a
foreigner, levies war against it or adheres to
its enemies by giving them aid or comfort
within the Philippines or elsewhere. (Article
114, Revised Penal Code)
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
Instituted in the 1935 Constitution (Record of
the Constitutional Convention of 1934, pp.
854 – 855)
Bribery
Any public officer who shall agree to perform
an act constituting a crime, in connection
with the performance of his official duties, in
consideration of any officer, promise, gift or
present received by such officer, personally
or through the mediation of another. (Article
210-211, Revised Penal Code)
Instituted in the 1935 Constitution (Record of
the Constitutional Convention of 1934, pp.
854 – 855)
Other High Crimes
Offenses which, like treason and bribery, are
indictable offenses and are of such enormous
gravity that they strike at the very life or
orderly working of government (Bernas, J. The
1987 Constitution of the Republic of the
Philippines: A Commentary. 2003 ed, p. 1112)
Instituted in the 1935 Constitution (Record of
the Constitutional Convention of 1934, pp.
854 – 855)
Graft and Corruption
A public official found to have acquired,
whether in his name or in the name of other
persons, an amount of property and/or
money manifestly out of proportion to his
salary. (RA 3019)
Instituted in the 1973 Constitution (Bernas, J.
The 1987 Constitution of the Republic of the
Philippines: A Commentary, 2003 ed. p. 1113)
Betrayal of Public Trust
Betrayal of public interest, inexcusable
negligence of duty, tyrannical abuse of
power, breach of official duty by
malfeasance or misfeasance, cronyism
favoritism, etc. to the prejudice of public
interest and which tend to bring the office
into disrepute. (Record of the Constitutional
Commission of 1986, p. 272)
Instituted in the 1987 Constitution
Page 22
The Constitutional Commission eventually
found it reasonably acceptable for the
phrase betrayal of public trust to refer to "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.“
In other words, 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
for impeachment.
Who wields the power to impeach?
1. The House of Representatives initiates
all cases of impeachment.
2. Senate tries and decides on all the
cases.
3. When the President of the Philippines is
impeached, the Chief Justice presides
over the impeachment trial; in all other
cases of impeachment, the Senate
President presides.
Who can file an impeachment complaint?
1. Any member of the House of
Representatives
2. Any citizen with an endorsement of
any member of the House of
Representatives
How is an impeachment proceeding
initiated?
[I]t is initiated or begins, when a verified
complaint is filed and referred to the
Committee on Justice for action. This is the
initiating step which triggers the series of
steps that follow. [Francisco v. House
Speaker, November 10, 2003]
 Francisco states that the term "initiate"
means to file the complaint and take
initial action on it. The initiation starts
with the filing of the complaint
which must be accompanied with an
action to set the complaint moving. It
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
refers to the filing of the impeachment
complaint coupled with Congress’
taking initial action of said complaint.
[Gutierrez v. House Committee on
Justice, 2011]
1. The House of Representatives shall
have the exclusive power to initiate all
cases of impeachment.
2. A verified complaint for impeachment
may be filed by any Member of the
House of Representatives or by any
citizen upon a resolution or
endorsement by any Member thereof,
which shall be included in the Order of
Business within ten session days, and
referred to the proper Committee
within three session days thereafter.
The Committee, after hearing, and by
a majority vote of all its Members, shall
submit its report to the House within
sixty session days from such referral,
together with the corresponding
resolution. The resolution shall be
calendared for consideration by the
House within ten session days from
receipt thereof. [Section 3, Article XI]
3. A vote of at least one-third of all the
Members of the House shall be
necessary either to affirm a favorable
resolution with the Articles of
Impeachment of the Committee, or
override its contrary resolution. The
vote of each Member shall be
recorded.
4. In case the verified complaint or
resolution of impeachment is filed by
at least one-third of all the Members of
the House, the same shall constitute
the Articles of Impeachment, and trial
by the Senate shall forthwith proceed.
5. No impeachment proceedings shall
be initiated against the same official
more than once within a period of one
year. Having concluded that
the initiation takes place by the act of
filing and referral or endorsement of
the impeachment complaint to the
House Committee on Justice or, by the
filing by at least one-third of the
members of the House of
Representatives with the Secretary
Page 23
 General of the House, the meaning of
Section 3 (5) of Article XI becomes
clear. Once an impeachment
complaint has been initiated, another
impeachment complaint may not be
Filing of certificate of candidacy
filed against the same official within a
one year period.
6. The Senate shall have the sole power
to try and decide all cases of
impeachment. When sitting for that
purpose, the Senators shall be on oath
or affirmation. When the President of
the Philippines is on trial, the Chief
Justice of the Supreme Court shall
preside, but shall not vote. No person
shall be convicted without the
concurrence of two-thirds of all the
Members of the Senate.
7. Judgment in cases of impeachment
shall not extend further than removal
from office and disqualification to hold
any office under the Republic of the
Philippines, but the party convicted
shall nevertheless be liable and subject
to prosecution, trial, and punishment,
according to law.
8. The Congress shall promulgate its rules
on impeachment to effectively carry
out the purpose of this section.
Death or Permanent Disability
The death of the incumbent of an office
necessarily renders the office vacant.
Failure to assume office
Sec. 11, BP 881 (Omnibus Election Code)
provides: “The office of any official elected
who fails or refuses to take his oath of office
within six months from his proclamation shall
be considered vacant, unless said failure is for
a cause or causes beyond his control.”
Conviction of a crime
 When the penalty imposed, upon
conviction, carries with it the
accessory penalty of disqualification,
conviction by final judgment
automatically terminates official
relationship.
 While a plenary pardon extinguishes
the accessory penalty of
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
disqualification, it will not restore the
public office to the officer convicted.
 He must be given a new appointment
to the position.
 In Fariñas vs. Executive Secretary
(December 10, 2003), the
constitutionality of Section 14 of the
Fair Election Act, in relation to Sections
66 and 67 of the Omnibus Election
Code, was assailed on the ground,
among others, that it unduly
discriminates against appointive
officials.
 As Section 14 repealed Section 67 (i.e.,
the deemed-resigned provision in
respect of elected officials) of the
Omnibus Election Code, elected
officials are no longer considered ipso
facto resigned from their respective
offices upon their filing of certificates of
candidacy. In contrast, since Section
66 was not repealed, the limitation on
appointive officials continues to be
operative – they are deemed resigned
when they file their certificates of
candidacy.
 As Section 14 repealed Section 67 (i.e.,
the deemed-resigned provision in
respect of elected officials) of the
Omnibus Election Code, elected
officials are no longer considered ipso
facto resigned from their respective
offices upon their filing of certificates of
candidacy. In contrast, since Section
66 was not repealed, the limitation on
appointive officials continues to be
operative – they are deemed resigned
when they file their certificates of
candidacy.
 The petitioners in Fariñas thus brought
an equal protection challenge against
Section 14, with the end in view of
having the deemed-resigned
provisions "apply equally" to both
elected and appointive officials.
 The SC held, however, that the legal
dichotomy created by the Legislature
is a reasonable classification, as there
are material and significant distinctions
Page 24
 between the two classes of officials.
Consequently, the contention that
Section 14 of the Fair Election Act, in
relation to Sections 66 and 67 of the
Omnibus Election Code, infringed on
the equal protection clause of the
Constitution, failed muster. [Quinto vs.
COMELEC, February 22, 2010]
The Condonation Doctrine - abandoned
The rule is that a public official can not be
removed for administrative misconduct
committed during a prior term, since his re-
election to office operates as a condonation
of the officer's previous misconduct to the
extent of cutting off the right to remove him
therefor. [Aguinaldo v. Santos, August 21,
1992]
Carpio Morales v. CA (November 10, 2015)
 That being said, this Court simply finds
no legal authority to sustain the
condonation doctrine in this
jurisdiction. As can be seen from this
discourse, it was a doctrine adopted
from one class of US rulings way back
in 1959 and thus, out of touch from -
and now rendered obsolete by - the
current legal regime
 It should, however, be clarified that this
Court's abandonment of the
condonation doctrine should be
prospective in application for the
reason that judicial decisions applying
or interpreting the laws or the
Constitution, until reversed, shall form
part of the legal system of the
Philippines. Unto this Court devolves
the sole authority to interpret what the
Constitution means, and all persons
are bound to follow its interpretation.
[See also OMB v. Vergara, December
6, 2017]
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
Mandate of the Sandiganbayan
SEC. 5. The Batasang Pambansa shall create
a special court, to be known as
Sandiganbayan, which shall have jurisdiction
over criminal and civil cases involving graft
and corrupt practices and such other
offenses committed by public officers and
employees, including those in government-
owned or controlled corporations, in relation
to their office as may be determined by law.
(Art. XIII, 1973 Constitution)
SEC. 4. The present anti-graft court known as
the Sandiganbayan shall continue to
function and exercise its jurisdiction as now or
hereafter may be provided by law. (Art. XI,
1987 Constitution)
Sandiganbayan Jurisdiction
The Sandiganbayan shall exercise exclusive
original jurisdiction in all cases involving:
I. Violations of Republic Act No. 3019, as
amended, otherwise known as the
Anti-Graft and Corrupt Practices Act,
Republic Act No. 1379 [Forfeiture of
Illegally Acquired Wealth], and
Chapter II, Section 2, Title VII, Book II of
the Revised Penal Code, where one or
more of the accused are officials
occupying the following positions in
the government, whether in a
permanent, acting or interim capacity,
at the time of the commission of the
offense:
1. Officials of the executive branch
occupying the positions of regional
director and higher, otherwise
classified as Grade ’27’ and higher, of
the Compensation and Position
Classification Act of 1989 (Republic
Act No. 6758), specifically including:
a. Provincial governors, vice-
governors, members of the
sangguniang panlalawigan,
and provincial treasurers,
assessors, engineers, and other
provincial department heads:
b. City mayors, vice-mayors,
members of the sangguniang
panlungsod, city treasurers,
Page 25
 assessors, engineers, and other
city department heads
c. Officials of the diplomatic
service occupying the position
of consul and higher
d. Philippine army and air force
colonels, naval captains, and
all officers of higher rank;
e. Officers of the Philippine
National Police while
occupying the position of
provincial director and those
holding the rank of senior
superintendent and higher;
f. City and provincial prosecutors
and their assistants, and officials
and prosecutors in the Office of
the Ombudsman and special
prosecutor;
g. Presidents, directors or trustees,
or managers of government-
owned or controlled
corporations, state universities
or educational institutions or
foundations.
II. Other offenses or felonies whether
simple or complexed with other crimes
committed by the public officials and
employees mentioned in subsection
(a) of this section in relation to their
office.
III. Civil and criminal cases filed pursuant
to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in
1986.
Provided, That the Regional Trial Court shall
have exclusive original jurisdiction where the
information: (a) does not allege any damage
to the government or any bribery; or (b)
alleges damage to the government or
bribery arising from the same or closely
related transactions or acts in an amount not
exceeding One million pesos (P1,000,000.00)
Based on the afore-quoted, those that fall
within the original jurisdiction of the
Sandiganbayan are:
(1) officials of the executive branch with
Salary Grade 27 or higher, and
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
(2) officials specifically enumerated in
Section 4 (A) (1) (a) to (g), regardless
of their salary grades.
(3) While the first part of Section 4 (A)
covers only officials of the executive
branch with Salary Grade 27 and
higher, its second part specifically
includes other executive officials
whose positions may not be of Salary
Grade 27 and higher but who are by
express provision of law placed under
the jurisdiction of the Sandiganbayan.
 The legislative intent is to allow the
Sandiganbayan to devote its time and
expertise to big-time cases involving
the so-called "big fishes" in the
government rather than those
accused who are of limited means
who stand trial for "petty crimes," the
so-called "small fry," which, in turn,
helps the court decongest its dockets.
 Yet, those that are classified as Salary
Grade 26 and below may still fall
within the jurisdiction of the
Sandiganbayan, provided that they
hold the positions enumerated by the
law.
 In this category, it is the position held,
not the salary grade, which
determines the jurisdiction of the
Sandiganbayan.
 The specific inclusion constitutes an
exception to the general qualification
relating to "officials of the executive
branch occupying the positions of
regional director and higher, otherwise
classified as Grade ‘27’ and higher, of
the Compensation and Position
Classification Act of 1989."
 The Supreme Court has held that a
member of the Sangguniang
Panlungsod, a department manager
of the Philippine Health Insurance
Corporation (Philhealth),a student
regent of the University of the
Philippines, and a Head of the Legal
Department and Chief of the
Documentation with corresponding
ranks of Vice-Presidents and Assistant
Vice-President of the Armed Forces of
Page 26
 the Philippines Retirement and that not only be privileged, but the masses as
Separation Benefits System (AFP-RSBS) well, may yet get to benefit from the fruits of
fall within the jurisdiction of the modernization in this lifetime.”
Sandiganbayan.
Aquilino Pimentel, Jr (1993)

What is a corporation?
PUBLIC CORPORATIONS
A corporation is an artificial being created by
operation of law, having the right of
Historical Overview of Local Governments succession and the powers, attributes and
in the Philippines: propertiesexpressly authorized by law or
incident to its existence. [Section 2, B.P. 68)
 In 1901, the Philippine Commission
promulgated Act. No. 82 providing for
the organization and manner of
governing municipalities, and Art. 44 [Civil Code]. The following are juridical
thereafter, Act. No. 83, providing for persons:
the organization of provinces.
 R.A. 1408 – created barrio councils (1) The State and its political subdivisions;
extending official governmental
(2) Other corporations, institutions and entities
authority to grassroots political units
for public interest or purpose created by law;
 RA 2264 (The Local Autonomy Law) –
their personality begins as soon as they have
collated the provisions on local
governments embodied in the been constituted according to law;
Administrative Code (3) Corporations, partnerships and
 RA 2370 (The Barrio Charter) – defined
associations for private interest or purpose to
the specific powers and functions of
which the law grants a juridical personality,
the barrio councils
separate and distinct from that of each
 RA 3590 (The Revised Barrio Charter) –
made the positions of barrio captains shareholder, partner or member.
and councilmen electiveRA 5185 (The
Decentralization Act
 PD 557 – defined the structure, Art. 45. Juridical persons mentioned in Nos. 1
organization, and functions of the and 2 of the preceding article are governed
barangay by the laws creating or recognizing them.
 PD 1508 –
(KatarungangPambarangay) Private corporations areregulated by laws of
established the system of amicably general application on the subject.
settling disputes at the barangay level
 BP 337 – designed to “guarantee and Partnerships and associations for private
promote the autonomy of local interest or purpose are governed by the
government units to ensure their fullest provisions of this Code concerning
development as self-reliant partnerships.
communities”
 RA 7160 – (The Local Government
Code of 1991) seeks to put an end to
the centralized aspects of governance
by devolving substantial powers to the
local governments

“The passage of the [Local Government]

Code may then be likened to the splitting of
the atom in that it unleashes the forces of
development with such tremendous impact

PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG Page 27

Classification of corporations according to
purpose:
a) Public: Organized for the government of a
portion of the State.
b) Private: Formed for some private purpose,
benefit, aim or end.
c) Quasi-public: A private corporation that
renders public service or supplies public
wants.
Criterion to determine whether corporation is
public
The relationship of the corporation to the
State, i.e., if created by the State as its own
agency to help the State in carrying out its
governmental functions, then it is public;
otherwise, it is private.
What is a public corporation?
 It is defined as “that formed or
organized for the government of a
portion of the State.”
 It also refers to a “special
instrumentality or district to aid the
State in, or to take charge of, some
public or State work for the general
welfare.”
Classes of public corporations
a) Quasi-corporation
b) Municipal corporation
What is a municipal corporation?
 It is a governmental agent of the
State given authority to govern the
people in a limited portion of the
State.
 In all cases, a municipal
corporation is a mere
instrumentality of the State for the
convenient administration of a
local government over limited
territory, and as such, is vested with
subordinate power of local
purposes only.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
What is the two-fold objective of a municipal
corporation?
1. To carry out a governmental function
(e.g. power to tax)
2. To regulate local affairs (as an
agency of the inhabitants of the
community)
Elements:
a) Legal creation or incorporation. The law
creating or authorizing the creation or
incorporation of a municipal corporation.
b) Corporate name. The name by which the
corporation shall be known.
c) Inhabitants. The people residing in the
territory of the corporation.
d) Territory.
a. Municipal corporations are now
commonly known as local
governments. They are bodies politic
established by law partly as agencies
of the State to assist in the civil
governance of the country.
[Mandanas v. Ochoa, July 3, 2018]
b. Municipal corporations, being the
mere creatures of the State, are
subject to the will of Congress, their
creator. Their continued existence and
the grant of their powers are
dependent on the discretion of
Congress. [Mandanas, supra]
Dual nature and functions:
Every local government unit created or
organized [under the Local Government
Code] is a body politic and corporate
endowed with powers, to be exercised by it
in conformity with law. As such, it shall
exercise powers as a political subdivision of
the National Government and as a
corporate entity representing the inhabitants
of its territory [Sec. 15, R.A. 7160].
Page 28
a) Public or governmental
 It acts as an agent of the State for the
government of the territory and the
inhabitants.
b) Private or proprietary
 It acts as an agent of the community
in the administration of local affairs. As
such, it acts as a separate entity, for its
own purposes, and not as a subdivision
of the State.
Creation and dissolution of municipal
corporations:
A local government unit may be created,
divided, merged, abolished, or its boundaries
substantially altered either by law enacted
by Congress in the case of a province, city,
municipality or any other political subdivision,
or by ordinance passed by the
sangguniangpanlalawiganor
sangguniangpanlungsodconcerned in the
case of a barangay located within its
territorial jurisdiction, subject to such
limitations and requirements prescribed in the
Local Government Code [Sec. 6, R.A. 7160]
Municipal Corporations in the Philippines:
The territorial and political subdivisions of the
Republic of the Philippines are the provinces,
cities, municipalities and barangays. There
shall be autonomous regions in Muslim
Mindanao and the Cordilleras [Sec. 1, Art. X]
a) Province. The province, composed of a
cluster of municipalities, or municipalities and
component cities, and as a political and
corporate unit of government, serves as a
dynamic mechanism for developmental
processes and effective governance of local
government units within its territorial
jurisdiction [Sec. 459, R.A. 7160]
b) City. The city, composed of more
urbanized and developed barangays, serves
as a general-purpose government for the
coordination and delivery of basic, regular
and direct services and effective
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
governance of the inhabitants within its
territorial jurisdiction [Sec. 448, R.A. 7160].
c) Municipality. The municipality, consisting of
a group of barangays, serves primarily as a
general purpose government for the
coordination and delivery of basic, regular
and direct services and effective
governance of the inhabitants within its
jurisdiction [Sec. 440, R.A. 7160]
d) Barangay. As the basic political unit, the
barangay serves as the primary planning and
implementing unit of government policies,
plans, programs, projects and activities in the
community, and as a forum wherein the
collective views of the people may be
expressed, crystallized and considered, and
where disputes may be amicably settled
[Sec. 384, R.A. 7160].
e) Autonomous regions in Muslim Mindanao
and in the Cordilleras [Sec.1, Art. X,
Constitution]
f) Special metropolitan political subdivisions.
Pursuant to Sec. 11, Art. X, Constitution,
Congress may, by law, create special
metropolitan political subdivisions subject to
a plebiscite set forth in Sec. 10, (but) the
component cities and municipalities shall
retain their basic autonomy and shall be
entitled to their own local executives and
legislative assemblies. The jurisdiction of the
metropolitan authority that will thereby be
created shall be limited to basic services
requiring coordination.
What is a quasi-public corporation?
A quasi-public corporation is a species of
private corporations, but the qualifying
factor is the type of service the former
renders to the public: if it performs a
public service, then it becomes a quasi-
public corporation.
While purposely organized for the gain or
benefit of its members, [it is] required by
law to discharge functions for the public
benefit.
Examples: utility, railroad, warehouse,
telegraph, telephone, water supply
corporations and transportation
Page 29
 companies. [Philippine Society for the
Prevention of Cruelty to Animals vs. COA,
September 25, 2007]
Power to Create Provinces, Cities,
Municipalities, and Barangays:
Section 1. The territorial and political
subdivisions of the Republic of the Philippines
are the provinces, cities, municipalities, and
barangays. There shall be autonomous
regions in Muslim Mindanao and the
Cordilleras as hereinafter provided. [Article X]
Section 6. Authority to Create Local
Government Units. - A local government unit
may be created, divided, merged,
abolished, or its boundaries substantially
altered either by law enacted by Congress in
the case of a province, city, municipality, or
any other political subdivision, or by
ordinance passed by the
sangguniangpanlalawigan or
sangguniangpanlungsodconcerned in the
case of a barangay located within its
territorial jurisdiction, subject to such
limitations and requirements prescribed in this
Code. [The Local Government Code of 1991]
Creation and Conversion:
As a rule, the creation or conversion of an
LGU shall be based on the following verifiable
indicators of viability and projected capacity
to provide services:
1. Income
2. Population
3. Land Area
Compliance with the foregoing indicators
shall be attested to by the DOF, NsO, and the
Lands Management Bureau of DENR.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
Division and Merger:
 Division and merger of existing LGUs
shall comply with the same
requirements prescribed for their own
creation.
 This is subject to the provision that such
division shall not reduce the income,
population or land area of the LGUs
concerned to less than the minimum
requirements prescribed in the LGC.
Abolition of LGUs:
 LGUs may be abolished when their
income, population, or land area
have been irreversibly reduced to
less than the minimum standards
prescribed for their creation under
the LGC, as certified by the
national agencies mentioned in
section 7, to Congress or to the
sanggunian concerned.
 The law or ordinance abolishing an
LGU shall specify the province, city,
municipality, or barangay with
which the LGU sought to be
abolished will be incorporated or
merged.
Plebiscite Requirement:
 No creation, division, merger,
abolition or substantial alteration of
boundaries of LGUs shall take
effect unless approved by a
majority of the votes cast in a
plebiscite called for the purpose in
the political unit/s directly affected.
 Said plebiscite shall be conducted
by the Commission on Elections
within 120 days from the date of
effectivity of the law or ordinance
affecting such action, unless said
law/ordinance fixes another date.
Page 30
Closure and Opening of Roads
(a) A local government unit may, pursuant to
an ordinance, permanently or temporarily
close or open any local road, alley, park, or
square falling within its jurisdiction: Provided,
however, That in case of permanent closure,
such ordinance must be approved by at least
two-thirds (2/3) of all the members of the
sanggunian, and when necessary, an
adequate substitute for the public facility that
is subject to closure is provided.
(b) No such way or place or any part thereof
shall be permanently closed without making
provisions for the maintenance of public
safety therein. A property thus permanently
withdrawn from public use may be used or
conveyed for any purpose for which other
real property belonging to the local
government unit concerned may be lawfully
used or conveyed: Provided, however, That
no freedom park shall be closed
permanently without provision for its transfer
or relocation to a new site.
(c) Any national or local road, alley, park, or
square may be temporarily closed during an
actual emergency, or fiesta celebrations,
public rallies, agricultural or industrial fairs, or
an undertaking of public works and
highways, telecommunications, and
waterworks projects, the duration of which
shall be specified by the local chief executive
concerned in a written order: Provided,
however, That no national or local road,
alley, park, or square shall be temporarily
closed for athletic, cultural, or civic activities
not officially sponsored, recognized, or
approved by the local government unit
concerned.
(d) Any city, municipality, or barangay may,
by a duly enacted ordinance, temporarily
close and regulate the use of any local street,
road, thoroughfare, or any other public place
where shopping malls, Sunday, flea or night
markets, or shopping areas may be
established and where goods, merchandise,
foodstuffs, commodities, or articles of
commerce may be sold and dispensed to
the general public.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
General Supervision of the President over
Local Governments
Section 4. The President of the Philippines
shall exercise general supervision over local
governments. Provinces with respect to
component cities and municipalities, and
cities and municipalities with respect to
component barangays, shall ensure that the
acts of their component units are within the
scope of their prescribed powers and
functions.
Supervision viz Control:
 In administrative law, supervision
means overseeing or the power or
authority of an officer to see that
subordinate officers perform their
duties. If the latter fail or neglect to
fulfill them, the former may take
such action or step as prescribed
by law to make them perform their
duties.
 Control, on the other hand, means
the power of an officer to alter or
modify or nullify or set aside what a
subordinate officer ha[s] done in
the performance of his duties and
to substitute the judgment of the
former for that of the latter.
 Officers in control lay down the
rules in the performance or
accomplishment of an act. If these
rules are not followed, they may, in
their discretion, order the act
undone or redone by their
subordinates or even decide to do
it themselves.
 On the other hand, supervision
does not cover such authority.
Supervising officials merely see to it
that the rules are followed, but they
themselves do not lay down such
rules, nor do they have the
discretion to modify or replace
them. If the rules are not observed,
they may order the work done or
redone, but only to conform to
such rules. They may not prescribe
their own manner of execution of
the act. They have no discretion on
this matter except to see to it that
Page 31
 the rules are followed. [Drilon vs.
Lim, August 4, 1994]
Local Autonomy
The constitutional mandate to ensure local
autonomy refers to decentralization.
Extent of Local Autonomy:
 In Ganzon v. Court of Appeals,the
SC said that local
autonomy signified "a more
responsive and accountable local
government structure instituted
through a system of
decentralization.“ [August 5, 1991]
 The grant of autonomy is intended
to "break up the monopoly of the
national government over the
affairs of local governments, x xx
not x xx to end the relation of
partnership and interdependence
between the central administration
and local government units x xx."
Paradoxically, local governments
are still subject to regulation,
however limited, for the purpose of
enhancing self-government.
What is decentralization?
Decentralization simply means the devolution
of national administration, not power, to local
governments. Local officials remain
accountable to the central government as
the law may provide.
2 forms in Philippine setting:
1. Decentralization of Power
2. Decentralization of Administration
Decentralization of Power viz Decentralization
of Administration:
There is decentralization of administration
when the central government delegates
administrative powers to political subdivisions
in order to broaden the base of government
power and in the process to make local
governments 'more responsive
and accountable,’ and 'ensure their fullest
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
development as self-reliant communities and
make them more effective partners in the
pursuit of national development and social
progress.’
 'At the same time, it relieves the
central government of the burden
of managing local affairs and
enables it to concentrate on
national concerns. The President
exercises 'general supervision‘ over
them, but only to 'ensure that local
affairs are administered according
to law.’ He has no control over their
acts in the sense that he can
substitute their judgments with his
own.
 Decentralization of power, on the
other hand, involves an abdication
of political power in the favor of
local government units declared to
be autonomous.
 In that case, the autonomous
government is free to chart its own
destiny and shape its future with
minimum intervention from central
authorities.
 Under the Philippine concept of
local autonomy, the national
government has not completely
relinquished all its powers over local
governments, including
autonomous regions. Only
administrative powers over local
affairs are delegated to political
subdivisions.
 The purpose of the delegation is to
make governance more directly
responsive and effective at the
local levels.
 In turn, economic, political and
social development at the smaller
political units are expected to
propel social and economic
growth and development. But to
enable the country to develop as a
whole, the programs and policies
effected locally must be integrated
and coordinated towards a
common national goal. Thus,
policy-setting for the entire country
still lies in the President and
Congress.
Page 32
Categories:
1. Political decentralization (devolution)
2. Administrative decentralization
(deconcentration)
3. Fiscal decentralization
4. Policy or decision-making
decentralization
Powers of Local Governments:
1. Police Power
2. Eminent Domain
3. Taxation
Police Power:
 The plenary power of the state to
restrict or regulate individual liberty
or property in order to promote the
general welfare.
 It is the most essential, insistent and
least limitable of powers.
 The enveloping resonance of
police power is echoed in the so-
called “general welfare” clause of
the Local Government Code:
 Section 16. General Welfare. -
Every local government unit shall
exercise the powers expressly
granted, those necessarily implied
therefrom, as well as powers
necessary, appropriate, or
incidental for its efficient and
effective governance, and those
which are essential to the
promotion of the general welfare.
 Within their respective territorial
jurisdictions, local government units
shall ensure and support, among
other things, the preservation and
enrichment of culture, promote
health and safety, enhance the
right of the people to a balanced
ecology, encourage and support
the development of appropriate
and self-reliant scientific and
technological capabilities, improve
public morals, enhance economic
prosperity and social justice,
promote full employment among
their residents, maintain peace and
order, and preserve the comfort
and convenience of their
inhabitants.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
 Pursuant to the aforequoted
provision, municipal governments
are clothed with authority to enact
such ordinances and issue such
regulations as may be necessary to
carry out and discharge the
responsibilities conferred upon
them by law, and such as shall be
necessary and proper to provide
for the health, safety, comfort and
convenience, maintain peace and
order, improve public morals,
promote the prosperity and
general welfare of the municipality
and its inhabitants, and ensure the
protection of property in the
municipality. [Ruzol v.
Sandiganbayan, April 17, 2013]
 It is a “catch-all” or “all-purpose”
provision that enables LGUs to
exercise police power and
promote the general welfare of the
community. Under this clause,
every LGU may exercise:
a. Powers expressly authorized by
law
b. Powers necessarily implied from
those expressly authorized
c. Powers incidental in the above
powers
d. Powers essential to promote the
general welfare
 Local governments may be
considered as having properly
exercised their police power only if the
following requisites are met:
 The interests of the public generally, as
distinguished from those of a particular
class, require its exercise; and
 The means employed are reasonably
necessary for the accomplishment of
the purpose and not be unduly
oppressive upon individuals. In short,
there must be a concurrence of a
lawful subject and lawful method.
[Fernando vs. St. Scholastica, March
12, 2013]
Page 33
Eminent Domain:
Section 19. Eminent Domain. - A local
government unit may, through its chief
executive and acting pursuant to an
ordinance, exercise the power of eminent
domain for public use, or purpose or welfare
for the benefit of the poor and the landless,
upon payment of just compensation,
pursuant to the provisions of the Constitution
and pertinent laws: Provided, however, That
the power of eminent domain may not be
exercised unless a valid and definite offer has
been previously made to the owner, and
such offer was not accepted: Provided,
further, That the local government unit may
immediately take possession of the property
upon the filing of the expropriation
proceedings and upon making a deposit
with the proper court of at least fifteen
percent (15%) of the fair market value of the
property based on the current tax
declaration of the property to be
expropriated: Provided, finally, That, the
amount to be paid for the expropriated
property shall be determined by the proper
court, based on the fair market value at the
time of the taking of the property.
Requisites for the Valid Exercise
Expropriation:
1. An ordinance must be passed
authorizing the LCE to subject a
private property to expropriation
proceedings;
2. The property taken must be devoted
to public use or purpose, or for the
benefit of the poor and the landless;
3. There must be payment of just
compensation; and
4. A valid and definite offer to purchase
the property was made to the owner
but said offer has been refused.
Power of Taxation:
 The strongest indicator of local
autonomy is the power of LGUs to
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
raise their own revenues through
taxation.
 The whole of Book II, from section
128 to 381, of the LGC has been
devoted to local taxation and
fiscal matters.
Corporate Powers:
As a corporation, an LGU has the authority:
1. To have continuous succession
in its corporate name
2. To be sue and be sued
3. To have and use a corporate
seal
4. To acquire and convey real or
personal properties
5. To enter into contracts
6. To exercise such powers as are
granted to corporations,
subject to the limitations
provided in this Code [LGC]
and other laws.
 The law directs that the LCE may enter
into a contract in behalf of the LGU
only upon prior authorization of the
sanggunian.
of  The LCE must first obtain prior
sanggunian authorization in order to
negotiate and secure financial grants
or donations in kind from local and
foreign assistance agencies for the
purpose of supporting the delivery of
basic services and facilities in the
locality.
 Related to this, the sanggunian may,
by a majority vote of all its members,
authorize the LCE to:
a. negotiate and contract loans
and other forms of
indebtedness to finance
development projects; or
b. to lease LGU properties held in
proprietary capacity to private
persons.
Local Legislative Power:
Section 48. Local Legislative Power. - Local
legislative power shall be exercised by the
Page 34
sangguniangpanlalawigan for the province;
the sangguniangpanlungsodfor the city; the
sangguniang bayan for the municipality; and
the sangguniang barangay for the
barangay.
Approval of Ordinances:
(a) Every ordinance enacted by the
sangguniangpanlalawigan,
sangguniangpanlungsod, or sangguniang
bayan shall be presented to the provincial
governor or city or municipal mayor, as the
case may be. If the local chief executive
concerned approves the same, he shall affix
his signature on each and every page
thereof; otherwise, he shall veto it and return
the same with his objections to the
sanggunian, which may proceed to
reconsider the same. The sanggunian
concerned may override the veto of the
local chief executive by two-thirds (2/3) vote
of all its members, thereby making the
ordinance or resolution effective for all legal
intents and purposes.
(b) The veto shall be communicated by the
local chief executive concerned to the
sanggunian within fifteen (15) days in the
case of a province, and ten (10) days in the
case of a city or a municipality; otherwise,
the ordinance shall be deemed approved as
if he had signed it.
(c) Ordinances enacted by the sangguniang
barangay shall, upon approval by the
majority of all its members, be signed by the
punong barangay.
Essential Requisites of a Valid Ordinance:
1. It must not contravene the Constitution
or any statute.
2. It must not be unfair or oppressive.
3. It must not be partial or discriminatory.
4. It must not prohibit but may regulate
trade.
5. It must be general and consistent ith
public policy.
6. It must be reasonable.
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
 For an ordinance to be valid though, it
must not only be within the corporate
powers of the LGU to enact and must
be passed according to the
procedure prescribed by law, it should
also conform to the following
requirements: (1) not contrary to the
Constitution or any statute; (2) not
unfair or oppressive; (3) not partial or
discriminatory; (4) not prohibit but may
regulate trade; (5) general and
consistent with public policy; and (6)
not unreasonable.
 As jurisprudence indicates, the tests
are divided into the formal (i.e.,
whether the ordinance was enacted
within the corporate powers of the
LGU and whether it was passed in
accordance with the procedure
prescribed by law), and the
substantive ( i.e., involving inherent
merit, like the conformity of the
ordinance with the limitations under
the Constitution and the statutes, as
well as with the requirements of
fairness and reason, and its
consistency with public policy).
 An ordinance must pass muster under
the test of constitutionality and the test
of consistency with the prevailing
laws.If not, it is void. [Ferrer v. Bautista,
June 30, 2015]
Veto Power of the Local Chief Executive:
(a) The local chief executive may veto any
ordinance of the sanggunianpanlalawigan,
sangguniangpanlungsod, or sanggunian
bayan on the ground that it is ultra vires or
prejudicial to the public welfare, stating his
reasons therefor in writing.
(b) The local chief executive, except the
punong barangay, shall have the power to
veto any particular item or items of an
appropriations ordinance, an ordinance or
resolution adopting a local development
plan and public investment program, or an
ordinance directing the payment of money
or creating liability.
Page 35
  In such a case, the veto shall not
affect the item or items which are not
objected to. The vetoed item or items
shall not take effect unless the
sanggunian overrides the veto in the
manner herein provided; otherwise,
the item or items in the appropriations
ordinance of the previous year
corresponding to those vetoed, if any,
shall be deemed reenacted.
(c) The local chief executive may veto an
ordinance or resolution only once. The
sanggunian may override the veto of the
local chief executive concerned by two-
thirds (2/3) vote of all its members, thereby
making the ordinance effective even
without the approval of the local chief
executive concerned.
Local Initiative and Referendum
Section 120. Local Initiative Defined. - Local
initiative is the legal process whereby the
registered voters of a local government unit
may directly propose, enact, or amend any
ordinance. [RA 7160]
Section 122. Procedure in Local Initiative. -
(a) Not less than one thousand (1,000)
registered voters in case of provinces and
cities, one hundred (100) in case of
municipalities, and fifty (50) in case of
barangays, may file a petition with the
sanggunian concerned proposing the
adoption, enactment, repeal, or amendment
of an ordinance.
(b) If no favorable action thereon is taken by
the sanggunian concerned within thirty (30)
days from its presentation, the proponents,
through their duly authorized and registered
representatives, may invoke their power of
initiative, giving notice thereof to the
sanggunian concerned.
(c) The proposition shall be numbered serially
starting from Roman numeral I. The COMELEC
or its designated representative shall extend
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
assistance in the formulation of the
proposition.
(d) Two (2) or more propositions may be
submitted in an initiative.
(e) Proponents shall have ninety (90) days in
case of provinces and cities, sixty (60) days in
case of municipalities, and thirty (30) days in
case of barangays, from notice mentioned in
subsection (b) hereof to collect the required
number of signatures.
(f) The petition shall be signed before the
election registrar. or his designated
representatives, in the presence of a
representative of the proponent, and a
representative of the sanggunian concerned
in a public place in the local government
unit, as the case may be. Stations for
collecting signatures may be established in as
many places as may be warranted.
(g) Upon the lapse of the period herein
provided, the COMELEC, through its office in
the local government unit concerned, shall
certify as to whether or not the required
number of signatures has been obtained.
Failure to obtain the required number defeats
the proposition.
(h) If the required number of signatures is
obtained, the COMELEC shall then set a date
for the initiative during which the proposition
shall be submitted to the registered voters in
the local government unit concerned for
their approval within sixty (60) days from the
date of certification by the COMELEC, as
provided in subsection (g) hereof, in case of
provinces and cities, forty-five (45) days in
case of municipalities, and thirty (30) days in
case of barangays. The initiative shall then be
held on the date set, after which the results
thereof shall be certified and proclaimed by
the COMELEC.
Section 123. Effectivity of Local Propositions. -
If the proposition is approved by a majority of
the votes cast, it shall take effect fifteen (15)
days after certification by the COMELEC as if
affirmative action thereon had been made
by the sanggunian and local chief executive
Page 36
concerned. If it fails to obtain said number of
votes, the proposition is considered
defeated.
Section 124. Limitations on Local Initiative. -
(a) The power of local initiative shall not be
exercised more than once a year.
(b) Initiative shall extend only to subjects or
matters which are within the legal powers of
the sanggunian to enact.
(c) If at any time before the initiative is held,
the sanggunian concerned adopts in toto
the proposition presented and the local chief
executive approves the same, the initiative
shall be cancelled. However, those against
such action may, if they so desire, apply for
initiative in the manner herein provided.
Section 126. Local Referendum Defined. -
Local referendum is the legal process
whereby the registered voters of the local
government units may approve, amend or
reject any ordinance enacted by the
sanggunian.
 The local referendum shall be held
under the control and direction of
the COMELEC within sixty (60) days
in case of provinces and cities,
forty-five (45) days in case of
municipalities and thirty (30) days in
case of barangays.
 The COMELEC shall certify and
proclaim the results of the said
referendum.
Vacancies and Succession
Section 44. Permanent Vacancies in the
Offices of the Governor, Vice-Governor,
Mayor, and Vice-Mayor. - If a permanent
vacancy occurs in the office of the governor
or mayor, the vice-governor or vice-mayor
concerned shall become the governor or
mayor. If a permanent vacancy occurs in the
offices of the governor, vice-governor,
mayor, or vice-mayor, the highest ranking
sanggunian member or, in case of his
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
permanent inability, the second highest
ranking sanggunian member, shall become
the governor, vice-governor, mayor or vice-
mayor, as the case may be. Subsequent
vacancies in the said office shall be filled
automatically by the other sanggunian
members according to their ranking as
defined herein.
(b) If a permanent vacancy occurs in the
office of the punong barangay, the highest
ranking sanggunian barangay member or, in
case of his permanent inability, the second
highest ranking sanggunian member, shall
become the punong barangay.
(c) A tie between or among the highest
ranking sanggunian members shall be
resolved by the drawing of lots.
(d) The successors as defined herein shall
serve only the unexpired terms of their
predecessors.
For purposes of this Chapter, a permanent
vacancy arises when an elective local official
fills a higher vacant office, refuses to assume
office, fails to qualify, dies, is removed from
office, voluntarily resigns, or is otherwise
permanently incapacitated to discharge the
functions of his office.
For purposes of succession as provided in the
Chapter, ranking in the sanggunian shall be
determined on the basis of the proportion of
votes obtained by each winning candidate
to the total number of registered voters in
each district in the immediately preceding
local election.
Disciplinary Actions
Section 60. Grounds for Disciplinary Actions. -
An elective local official may be disciplined,
suspended, or removed from office on any of
the following grounds:
(a) Disloyalty to the Republic of the
Philippines;
(b) Culpable violation of the Constitution;
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(c) Dishonesty, oppression, misconduct in
office, gross negligence, or dereliction of
duty;
(d) Commission of any offense involving
moral turpitude or an offense punishable by
at least prision mayor;
e) Abuse of authority;
(f) Unauthorized absence for fifteen (15)
consecutive working days, except in the case
of members of the
sangguniangpanlalawigan,
sangguniangpanlungsod, sangguniang
bayan, and sangguniang barangay;
(g) Application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country; and
(h) Such other grounds as may be provided
in this Code and other laws.
Section 61. Form and Filing of Administrative
Complaints. - A verified complaint against
any erring local elective official shall be
prepared as follows:
(a) A complaint against any elective official
of a province, a highly urbanized city, an
independent component city or component
city shall be filed before the Office of the
President;
(b) A complaint against any elective official
of a municipality shall be filed before the
sangguniangpanlalawigan whose decision
may be appealed to the Office of the
President; and
(c) A complaint against any elective
barangay official shall be filed before the
sangguniangpanlungsod or sangguniang
bayan concerned whose decision shall be
final and executory.
Section 63. Preventive Suspension. -
(a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an
elective official of a province, a highly
PUBCORP 2018| MIDTERM EXAM NOTES| ATTY. J.P ASONG
urbanized or an independent component
city;
(2) By the governor, if the respondent is an
elective official of a component city or
municipality; or
(3) By the mayor, if the respondent is an
elective official of the barangay.
Section 67. Administrative Appeals. -
Decisions in administrative cases may, within
thirty (30) days from receipt thereof, be
appealed to the following:
(a) The sangguniangpanlalawigan, in the
case of decisions of the
sangguniangpanlungsod of component
cities and the sangguniang bayan; and
(b) The Office of the President, in the case of
decisions of the sangguniangpanlalawigan
and the sangguniangpanlungsod of highly
urbanized cities and independent
component cities.
Decisions of the Office of the President shall
be final and executory.
Liability of LGUs
 Section 24. Liability for Damages. -
Local government units and their
officials are not exempt from liability
for death or injury to persons or
damage to property.
Settlement of Boundary Disputes
Section 118. Jurisdictional Responsibility for
Settlement of Boundary Dispute. - Boundary
disputes between and among local
government units shall, as much as possible,
be settled amicably. To this end:
(a) Boundary disputes involving two (2) or
more barangays in the same city or
municipality shall be referred for settlement to
the sangguniangpanlungsod or sangguniang
bayan concerned.
(b) Boundary disputes involving two (2) or
more municipalities within the same province
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shall be referred for settlement to the
sangguniangpanlalawigan concerned.

(c) Boundary disputes involving municipalities

or component cities of different provinces
shall be jointly referred for settlement to the
sanggunians of the province concerned.

(d) Boundary disputes involving a component

city or municipality on the one hand and a
highly urbanized city on the other, or two (2)
or more highly urbanized cities, shall be jointly
referred for settlement to the respective
sanggunians of the parties.

(e) In the event the sanggunian fails to effect

an amicable settlement within sixty (60) days
from the date the dispute was referred
thereto, it shall issue a certification to that
effect. Thereafter, the dispute shall be
formally tried by the sanggunian concerned
which shall decide the issue within sixty (60)
days from the date of the certification
referred to above.

Simple Reminder

 Public office is a public trust… The

stability of our public institutions relies
on the ability of our civil servants to
serve their constituencies well
(Ombudsman v. Andutan Jr, 2011)

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