THE LAW ON PUBLIC OFFICER C-AE-PF-Du-CP

(De Leon) NOT A CONTRACT By the CONSTITUTION or by LAW.

Summary by Chapter -Created no contractual relation between holder and AUTHORITY and EXERCISE of sovereign power.
the public. POWER and FUNCTION are defined by the
CHAPTER I: CONCEPTS -Exists by virtue of some law. Constitution.
OFFICE – The incumbent is selected by appointment or -Generally entitles holder to compensation The DUTIES pertaining are performed independently,
by election, and whether he is appointed during the without control of superior power other than law.
pleasure of the appointing power or for a fixed term. CONTINUITY and PERMANENCY
PUBLIC OFFICE PUBLIC CONTRACT
PUBLIC OFFICE – is the right, authority, and duty CREATION OF PUBLIC OFFICE [C-S-TB-CongPre]
created and conferred by law, by which for a given Creation incident of originates from the will GENERALLY
period, either fixed by law or enduring at the pleasure sovereignty of the contracting parties By the CONSTITUTION, STATUTE, TRIBUNAL BODY.
of the appointing power, and individual is invested By the Congress
with some portion of the sovereign functions of the Its object carry’s out Obligation only upon Exigencies of government it is necessary to create and
government, to be exercised by him for benefit of the sovereign as well persons who entered the define duties.
public. Same. An office created by the legislature is wholly within the
As governmental power of the body. Can fit and abolish the office.
PURPOSE AND NATURE OF PUBLIC OFFICES. function affecting By the PRESIDENT
PUBLIC TRUST Person Bureaus, agencies or office in executive department.
-Holders regards as public servants Embraces the idea of Limited In its duration
-Holders subject to highest standards of accountability tenure, duration and specific in its object MODIFICATIONS OR ABOLITION OF PUBLIC OFFICE
and service continuity, and the and [CO-CO]
duties connected Its Terms define and limit OFFICE CREATED BY THE CONGRESS
Public office is a public trust. Public officers and Therewith are the rights and obligations The power to create an office generally includes the
employees must at all times be accountable to the generally continuing parties and neither power to modify or abolish it.
people, serve them with the utmost responsibility, and permanent without consent of each The power is inherently legislative.
integrity, loyalty and efficiency, act with patriotism and party Power to fix the number of positions and the salaries or
justice, and lead modest lives. *Public Office is public employment, but not all public emoluments of the holders thereof and to provide
employment is a public office funds for the offices created.
NOT PROPERTY PUBLIC OFFICE PUBLIC EMPLOYMENT OFFICES CREATED BY THE CONSTITUTION
-Holder subject to removal or suspension according to Created by law, with Created not by forced of Constitutional offices may be modified or abolished by
law duties law but by the people through a constitutional provision.
-Holder without vested right in any public office. Cast upon the contact of Employment
-Holder’s right in nature of privilege entitled to incumbent with EXERCISES OF SOVEREIGN POWERS AND
protection. Involve the exercise FUNCTION.[P-O-E-A]
-Holder’s right personal to him. of One of the most important criteria of public office
Sovereign power exercise some portion of the sovereign power of the
Public office is not property of the office holder within State
the meaning and contemplation of the due process Authority conferred by law
ESSENTIAL ELEMENTS OF PUBLIC OFFICERS
requirements of the constitution. Extent of authority not material.
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Presumption of regularity of official acts.
TENURE AND DURATION [E-C-P]
Existence of definite tenure not material
The duration of tenure need not be for a fixed period,
but may be at the pleasure of the appointing power.
Continuance of office holder not material.
Permanence of office not material.
MEANING OF OFFICER/PUBLIC [O-E]
1. Officer - required by law to be elected or appointed
who a designation or title has given to him by law, and
who exercises functions concerning the public,
assigned to him by law.
2. Employee any person in the service of the
government. (Not a clerk)
OFFICER AND EMPLOYEE DISTINGUISHED [PO-RPC]
In the law of public officer greater importance, dignity,
and independence of his positions.
Under the Revised Penal Code.
MEANING OF PUBLIC OFFICIAL
An officer of the Government itself, as distinguished
from the officers and employees of instrumentalities of
government.
CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC
OFFICERS
As to nature of functions: (Co-M)
Civil office — it covers any kind of a public office,
whether executive, legislative, or judicial.
Military office
As to creation: (CS)
Constitutional office
Statutory office
As to the department of government to which it belongs:
(L-E-J)
Legislative office
Executive office
Judicial office
As to branch of government served: (NAT-LOC)
National office
Local office
As to whether exercise of discretion is required: (QJO-
MinOff)
Quasi-judicial office
Ministerial office
As to compensation:
Lucrative office, office of profit, or office coupled with an
interest. It includes any office to which salary,
compensation or fees are attached.
Honorary office no compensation.
CHAPTER II: ELIGIBILITYAND QUALIFICATION
Meaning of eligibility/eligible/ineligibility/ineligible
Eligibility- The state or quality of being legally fitted or
qualified to be chosen
Eligibility to a public office is of a continuing nature and
must exist both at the commencement and during the
occupancy of an office.
Eligible- Means legally fitted or qualified to hold an
office.
Ineligibility- Refers to the lack of qualification
prescribed by the Constitution or applicable laws for
holding an office.
Ineligible- Legally or otherwise disqualified to hold an
office
 Disqualified to be elected to an office
 Disqualified to hold an office, if elected or
appointed to it
Meaning of qualification
 May refer to the endowment and accomplishment
that fits one for office
 May refer to an act which a person, before entering
the performance of his duties, is, by the law,
required to do, such as the taking, and often, of
subscribing and taking of an official oath, and, in
some cases, the giving of an official bond
Nature of right to hold public office
 Not a natural right – To hold a public office, one
must be eligible and possess the qualifications
prescribed by the Constitution.
 Not a constitutional right – There is no
constitutional right to run for office or hold elected
office. Rather, it is a political privilege which
depends upon the favor of the people for the public
good.
Powers of Congress to prescribe qualifications
In General - Congress is generally empowered to
prescribe the qualifications for holding public office,
provided it does not exceed thereby its constitutional
powers or impose conditions of eligibility inconsistent
with constitutional provisions.
Where office created by Congress - body can deal with
the subject of qualification and disqualification,
provided that in so doing it does not impinge upon an
express provision of the Constitution.
Where office created by the Constitution - General rule
is that where the Constitution establishes specific
eligibility requirements for a particular constitutional
office, the constitutional criteria are exclusive.
Where qualifications prescribed by the Constitution - not
self-executing
Power of Congress to prescribe disqualifications
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 Congress may not add disqualifications where the
Constitution has provided them in such a way as to
indicate an intention that the disqualifications
provided shall embrace all that are to be permitted
 Moreover, when the Constitution has attached a
disqualification to the holding of any office,
Congress cannot remove it under the power to
prescribe qualifications as to such offices as it may
create
Act adds grounds of disqualifications of a SC justice
 The subject Act added grounds of disqualifications,
SC prohibits certain Justices from fulfilling the
power and duty given by the Constitution.
 The Act disqualified a majority of the
constitutional component members of the
Supreme Court. Thus, it deprives it of its
jurisdiction established by the Constitution.
 The designees would not have been consented to
by the Commission on Appointments; thus, the
appointment would not comply with the
Constitution
 Temporary composition of the SC not authorized
by the Constitution since the Supreme Court is one
of the permanent institutions of the government.
 Method of appointment of a SC justice provided by
the Constitution is mandatory and binding upon all
departments of government.
Construction of restrictions on eligibility
 Presumption in favor of ineligibility – There is a
presumption in favor of the eligibility of one who
has been elected or appointed to public office.
 Basis of presumption – A strong public policy
exists in favor of eligibility to public office.
 Rule of liberal construction – The right to public
office should be strictly construed against
ineligibility.
 General Rule: The right of a citizen to hold office
 Exception: A citizen may not be deprived of this
right without proof of some disqualification
specifically declared by law.
 Time of possession of qualifications
 Where the time specified by the Constitution or
law – The Constitution or law may, expressly or by
necessary implication, specify the time when the
required eligibility must exist. The candidate must
possess the necessary qualifications at that time of
the election.
 Where Constitution or law is silent – It is necessary
for the courts to have recourse to some other
means of determining the matter.
When qualification must always exist – The candidate
or appointee may have been qualified at the time of his
election or appointment is not sufficient to entitle him
to hold the office.
Removal of disqualification during term
Courts have not agreed as to the effect of removal by an
office-holder of his disqualifications after the
commencement of term of office and during its
continuance
Particular Qualifications and Disqualifications
 Citizenship
 Age
 The right of suffrage
 Residence
 Education
 Ability to read and write
 Political affiliation
 Civil service examinations
Religious qualification prohibited
 Religious beliefs and opinions cannot be made a
test of political right and privilege
 No state interest can be discerned which would
justify the burden upon the free exercise of religion
imposed by the restriction
 Our Constitution expressly provides that no
religious test shall be required for the exercise of
civil and political rights
 Religious test- is one demanding the avowal or
repudiation of certain religious beliefs before the
performance of any act
Power of Congress to impose property qualifications
 View that law constitutional – The view has taken
that unless inhibited by the Constitution, a
legislature has the power to impose property
qualifications upon office holders. A certain public
officers be resident property owners does not
transgress the constitutional guarantees of due
process and equal protection.
 View that law unconstitutional – In a case, The
Supreme Court stated the property qualifications
are inconsistent with the essence and nature of the
republican system ordained in our Constitution
and the principles of social justice underlying the
same.
 Power of congress to impose property
qualifications
 View that law constitutional- a legislature has the
power to impose qualifications upon the office
holders.
 View that law unconstitutional- there is no rational
connection between qualifications for
administering public affairs and ownership of real
property.
Qualifications prescribed by the constitution for
certain officers
 President and Vice President
 Natural born citizen
 Registered voter
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 Able to read and write
 At least 40 years of age on the day of election
 Resident of the Philippines for at least 10 years
immediately preceding the election.
 Senators
 Natural born citizen
 Registered voter
 Able to read and write
 At least 35 years of age on the day of election
 Resident of the Philippines for not less than 2 years
immediately preceding the election.
 Members of the House
 Natural born citizen
 Registered voter in the district for which he shall
be elected except in cases of party list, and a
Resident thereof for at least 1 year immediately
preceding the election.
 Able to read and write
 At least 25 years of age on the day of election
Members of the Supreme Court and lower collegiate
court
 Natural born citizen
 Registered voter
 At least 40 years of age
 Must have been for 15 years or more a judge of the
lower court or engage in the practice of law
 Of proven competence probity integrity and
independence.
Chairman and commissioners of the civil service
commissions composed of a Chairman and two
Commissioners who shall be natural-born citizens of
the Philippines and, at the time of their appointment, at
least thirty-five years of age, with proven capacity for
public administration, And must not have been
candidates for any elective position in the elections
immediately preceding their appointment.
Commission on Audit
 natural-born citizens of the Philippines
 at the time of their appointment, at least thirty-five
years of age,
 Certified Public Accountants with not less than ten
years of auditing experience, or members of the
Philippine Bar who have been engaged in the
practice of law for at least ten years,
 And must not have been candidates for any elective
position in the elections immediately preceding
their appointment.
 At no time shall all Members of the Commission
belong to the same profession.
Commission on Elections
 shall be natural-born citizens of the Philippines
 at the time of their appointment, at least thirty-five
years of age,
 holders of a college degree,
 And must not have been candidates for any elective
positions in the immediately preceding elections.
 A majority thereof, including the Chairman, shall
be members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.
Commission on Human Rights
 must be natural-born citizens of the Philippines
 A majority of whom shall be members of the Bar.
 The term of office and other qualifications and
disabilities of the Members of the Commission
shall be provided by law.
The Ombudsman and his Deputies
 shall be natural-born citizens of the Philippines,
 and at the time of their appointment, at least forty
years old,
 of recognized probity and independence,
 and members of the Philippine Bar,
 And must not have been candidates for any elective
office in the immediately preceding election.
 The Ombudsman must have, for ten years or more,
been a judge or engaged in the practice of law in
the Philippines.
Qualifications prescribed by law for certain officers
Secretaries of departments
 Citizens of the Philippines at least 25 years of age
 Presiding justice and associate justices of the court
of appeals
Same as Supreme Court justices
Judges of the Regional Trial Court
 Natural-born citizen
 At least 35 years of age
 For at least 10 years, has been engaged in the
practice of law in the Philippines requiring
admission to the practice of law, as indispensable
requisite
Judges of the Municipal Trial Court
 Natural-born citizen
 At least 30 years of age
 For at least 5 years, has been engaged in the
practice of law in the Philippines requiring
admission to the practice of law, as indispensable
requisite
Elective Local Officials
 General Applicability
 Citizen of the Philippines
 Registered voter in the barangay, municipality, city
or province or in the case of sanggunian, the
district where he intends to be elected, resident
therein foe at least 1 year immediately preceding
the elections;
 Able to read and write Filipino or any other local
language or dialect.
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Governor, Vice Governor, Sanggunian Panlalawigan,
Mayor, Vice Mayor or Sanggunian Panlungsod of highly
urbanized cities
 At least 23 years old on election day
 Mayor, Vice Mayor of independent component
cities, component cities, or municipalities
 At least 21 years old on election day
Sanggunian Panlungsod or Sanggunian Bayan
 Atleast18 years old on election day
Punong Barangay or Sanggunian Barangay
 Atleast18 years old on election day
Sanggunian Kabataan
 Atleast15 years old, but not more than 21
years old on election day
Board of Election Inspectors
 he is of good moral character
 irreproachable reputation,
 a registered voter of the city or municipality,
 has never been convicted of any election
offense or of any other crime punishable by
more than six months of imprisonment or if
there is a pending information against him for
any election offense
 Able to speak and write English or the local
dialect
Disqualifications to hold public office
 By Constitution or by Law- In general,
individuals who lack any of the qualifications
prescribed by the Constitution or by law for a
public office are ineligible or disqualified from
holding such office. An appointment of an
ineligible or unqualified person is a nullity.
Other Causes
 Mental or physical incapacity.
 Misconduct or crime
 Impeachment.
 Removal or suspension from office.
 Previous tenure of office
 Consecutive terms.
 Holding more than one office.
 Relationship with the appointing power.
 Office newly created or the emoluments of
which have been increased
 Being an elective official- ineligible to be
appointed to be designated
 Having been a candidate for any elective
position
 Under the local government code
 Sentenced by final judgement for an offense
involving moral turpitude by 1 year or more
imprisonment within 2 years after serving
sentence
 Those removed from office as a result of an
administrative case
 Convicted by final judgement for violating
ought of allegiance to the republic
 Dual citizenship
 Fugitive from justice in criminal or non-
political cases here or abroad
 Insanity or feeblemindedness
Appointment of elective and appointive local officials
and candidates who lost in an election (Political Lame-
Ducks)
 No elective or appointive local official shall be
eligible for appointment or designation in any
capacity to any public office or position during his
tenure. Unless otherwise allowed by law or by the
primary functions of his position, no elective or
appointive local official shall 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.
 Except for losing candidates in barangay elections,
no candidate who lost in any election shall, within
one (1) year after such election, be appointed to
any office in the Government or any government-
owned or controlled corporations or in any of their
subsidiaries."
CHAPTER III: ACQUISITION OF RIGHT OR TITLE OF
OFFICE
A. In General
1. Modes of commencing official relations
The manner of selecting persons for public office is
generally by either:
a. Election
b. Appointment
2. Meaning of “Appointment”
a. It is an act of designation by the executive officer,
board, or body to whom that power has been
delegated, of the individual who is to exercises the
powers and functions of a given office.
b. It is equivalent to “filling a vacancy” in an office.
c. It is the nomination or designation of an individual to
an office.
3. Where appointing power resides
a. Inherently belongs to the people
b. Entrusted to designated elected and appointed
public officials
4. Appointing power generally regarded as an
executive function
a. Where power exercised by executive department
b. Where power exercised by other departments
5. Power to appoint discretionary
a. Power of court to review appointments
b. Power of Civil Service Commission to revoke
appointment
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6. Power may be absolute or conditional
a. absolute ‐ where the choice of the appointing
authority is conclusive if it falls upon an eligible person.
No further consent or approval is necessary.
b. conditional ‐ where assent or approval by some other
officer or body, such as the Commission on
Appointments, is necessary to complete the
appointment.
7. Restrictions on the power to appoint
a. Generally
Persons to be appointed to a public office should
possess the required qualifications and be selected
solely with a view to the public welfare.
b. Under the Constitution
a. “The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the President
shall not, during his tenure, be appointed as Members
of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government‐owned or controlled corporations and
their subsidiaries” Art. VII, Sec. 13
b. “Two months immediately before the next
presidential elections and up to the end of his term, a
President or Acting President shall not make
appointments, except temporary appointments to
executive positions when continued vacancies therein
will prejudice public service or endanger public safety.”
c. “The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in
the courts, or in the heads of departments, agencies,
commissions, or boards.”
d. “The Supreme Court shall have the following powers:
Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.”
e. “The Members of the Supreme Court and judges of
the lower courts shall be appointed by the President
from a list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy. Such
appointments need no confirmation. For the lower
courts, the President shall issue the appointments
within ninety days from the submission of the list.”
f. “The Constitutional Commissions shall appoint their
officials and employees in accordance with law.”
g. The Members of the Civil Service Commission,
Commission on Elections and Commission on Audit
shall be appointed “without reappointment xxx.
Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall any
Member be appointed or designated in a temporary or
acting capacity.”
h. “No candidate who has lost in any election shall,
within one year after such election, be appointed to any
office in the Government or any Government‐owned or
controlled corporations or in any of their subsidiaries.”
i. “No elective official shall be eligible for appointment
or designation in any capacity to any public office or
position during his tenure. Unless otherwise allowed
by law or by the primary functions of his position, 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 or their
subsidiaries.”
j. “The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil
Service Law.”
k. “The Ombudsman and his Deputies shall be
appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council, and
from a list of three nominees for every vacancy
thereafter. Such appointments shall require no
confirmation. All vacancies shall be filled within three
months after they occur.”
c. Under existing laws
8. When Appointment deemed complete
a. Not subject to confirmation
b. Subject to confirmation
c. Approval by the Civil Service Commission
d. Effects of completed appointment
9. Acceptance of appointment
a. Not necessary to completion or validity of
appointment
b. Necessary to possession of office
10. Form of Acceptance
a. Express or when done verbally or in writing
b. Implied or when, without formal acceptance, the
appointee enters upon exercise
of the duties and functions of an office
11. Obligation of elected or appointed individual to
accept office
a. Generally not subject to compulsion
b. Obligation in the nature of a social duty
12. Necessary of written appointment
a. View that appointment should be evidenced by
writing
b. Contrary view
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13. Revocation of appointment
a. Where appointment final and complete
b. Where appointee has assumed position
c. Where protestant more qualified than appointee
B. Appointments by the President
1. Power of appointment of the President
By the provision of Art. VII, Sec. 16 in the Constitution,
the President is authorized to appoint, namely:
a. First:
● heads of executive departments
● ambassadors
● other public ministers and consuls
● officers of the armed forces from the rank of colonel
or naval captain
● other officers
i. regular members of Judicial and Bar Council
ii. chairman and commissioners of the Civil Service
Commission
iii. chairman and commissioners of the Commission on
Elections
iv. chairman and commissioners of the Commission on
Audit
v. members of the regional consultative commission
b. Second:
● All other officers ‐ appointments are not otherwise
provided by law and to be appointed to lower offices
created by Congress
c. Third ‐ those whom the President may be authorized
by law
● heads of government‐owned or controlled
corporations
● undersecretaries
● heads of bureaus and offices
● other officials
d. Fourth: ‐ appointments the Congress by law vests in
the President alone
● other officers lower in rank
2. Confirmation of appointments by Commission on
Appointments
a. Required
● first group above
b. Unnecessary
● heads of bureaus
● certain offices under different departments which
are not called bureaus
i. Securities and Exchange Commission example
ii. Insurance Commission example
● members of Supreme Court
● judges of lower courts
● Sandiganbayan
● Tanodbayan (Ombudsman) ~ including deputies
● chairman and members of the Commission on
Human Rights Art. VII Sec. 16
3. Appointment by other officials
Congress may vest power to appoint officers “lower in
rank” to the following: Art. VII, Sec 16
a. heads of departments
b. agencies
c. commissions
d. boards
“lower in rank” does not include heads of bureaus and
offices not specifically mentioned in the Constitution as
among those to be appointed by President who are
subordinates of Cabinet members. By law, their
appointments are vested in the President.
4. Kinds of Presidential appointments
a. as to manner in which it is made
● regular ‐ made by Congress while in session; subject
to confirmation by the Commission on Appointments
● ad interim ‐ made while Congress is in recess
b. as to its nature
● permanent ‐ those which last until they are lawfully
terminated
● temporary or acting ‐ those which last until a
permanent appointment is issued
5. Ad interim appointments
a. These are appointments made by the President while
Congress is in recess, thus, the Commission on
Appointments may only deliberate upon such
appointments when Congress goes into session
b. The President is usually aided by the Commission on
Appointments’ advice when it comes to appointments.
In case of ad interim appointments, however, the
President acts alone and the system of checks and
balances vital to our system of government is not in
place
c. Ad interim appointments, however, are necessary
due to the existence of situations where there is a clear
and present urgency caused by an impending
obstruction or paralysis of the function assigned to
office to be filled if no immediate appointment is made
d. An ad interim appointment is permanent in nature
and not a mere temporary or acting appointment even
if it subject to confirmation by the Commission on
appointments. However, it may be recalled or revoked
by the President before confirmation
6. Temporary or acting appointments
a. Generally, the power to appoint vested in the
President includes temporary or acting appointments,
unless otherwise provided by law.
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b. An acting appointment, being essentially temporary
or provisional in character, cannot be validly confirmed
by the Commission on Appointments because
confirmation presupposes a valid nomination or ad
interim appointment.
c. A temporary appointment ‐ an acting appointment.
d. An unqualified person cannot be appointed even in
an acting capacity
7. Designations
Is simply the mere imposition of new or additional
duties upon an officer to be performed by him in a
special manner while he performs the function of his
permanent office.
8. Steps in the appointing process
a. Nomination ‐ It is the exclusive prerogative of the
President upon which no limitation may be imposed by
Congress, except those resulting from the need
securing the concurrence of the Commission on
Appointments and from the exercises of the limited
legislative power to prescribe the qualifications to a
given appointive office.
b. Confirmation
● The power to confirm and reject certain
appointments belongs to Congress through the
Commission on Appointments since it is a check on the
executive.
● A confirmation cannot be reconsidered after the
President has been notified of the confirmation and has
completed the appointment by issuing a commission
the appointee even if the rules of the confirming body
provide for reconsideration
c. Issuance of Commission
● “Commission” is the written authority from a
competent source given to the officer as his warrant for
exercise of the powers and duties of the office. It is the
written evidence of the appointment
● When a person is elected to office, his right as
established as a result of the election and does not
depend upon the issuance of a commission. Issuance of
a commission to an elected officer is merely a
ministerial act and not a part of the act of appointment.
Instead, the elected officer is entitled to a certificate of
election.
C. Appointments in the Civil Service
1. The Civil Service System
a. Scope ‐ all branches, subdivisions, instrumentalities
and agencies of the government including GOCCs with
original charter. This covers the administrative
personnel of the entire government system, both
national and local, including the military.
b. Purpose ‐ to enable the national and local
government and all its instrumentalities and agencies
to render more efficient services to the public by
enabling them to obtain efficient servants.
2. Classification of positions in the Civil Service
a. Career Service
● Characteristics:
i. Entrance based on merit and fitness to be determined
as far practicable by competitive examinations or are
based on highly technical qualifications
ii. Security of tenure
iii. Opportunity for advancement to higher career
positions
● It includes:
i. Open career positions for appointments requiring
prior qualification in an appropriate examination
ii. Closed career positions which are scientific or highly
technical in nature.
iii. Positions in the Career Executive Service
iv. Career officers other than those in the Career
Service who are appointed by the President
v. Commissioned officers and enlisted men of the
Armed Forces
vi. Personnel of government‐owned and controlled
corporations whether performing governmental or
proprietary functions who do not fall under non‐career
services; and
vii. Permanent laborer, whether skilled, semi‐skilled,
or unskilled.
b. Non‐Career Service
i. Characteristics:
● Entrance bases other than those of the usual test of
merit and fitness
● Tenure which is limited to a period specified by law
or coterminous with that of the appointing authority or
subject to his pleasure or limited to the duration of a
particular project
ii. Includes:
● Elective officials and their personal or confidential
staffs.
● Department heads and other officers of cabinet rank
and their
staffs
● Chairmen and members of commissions and boards
with fixed terms of office and their staffs
● Contractual personnel
● Emergency and seasonal personnel
● Casual employees
3. Classes of positions in the career service
a. Three major levels:
● Clerical, trades, crafts, and custodial service
positions
● Professional, technical, and scientific positions
● Career Executive Service
b. Requirement of competitive examinations
● Entrance to the first two levels are through
competitive examinations
● Entrance to the third level is prescribed by the
Career Executive Service Board
8
● For promotion to a higher position in one or more
related occupational groups, no examination is
required within the same level. However, the candidate
for promotion must have previously passed the
examination for the level.
4. Constitutional Classification
a. Competitive ‐ Those appointments are made
according to merit and fitness as
determined by competitive examinations.
b. Non‐competitive ‐ Those appointments do not take
into account merit and fitness as determined by
competitive examinations. These include positions
which are policy‐determining, primarily confidential,
or highly technical in nature.
5. Determination of merit and fitness by competitive
examinations
General Rule : The selection of any appointee to any
government position shall be made only according to
merit and fitness to be determined, as far as
practicable, by competitive examinations to perform
duties and assumes the responsibility of the position,
without regard to any other consideration such as sex,
color, social status, religion, or political affiliation.
6. Exemption from rule of non‐competitive positions
a. Through policy determining, primarily confidential
and highly technical positions are exempt from
competitive examinations and still enjoy the operation
of the principle: “no office or employee in the Civil
Service shall be removed or suspended except for
cause provided by law”.
b. Whether an administrative position is primarily
confidential, policy‐determining, or highly technical in
the nature of the functions attached to the position.
c. Policy determining position
Its occupant is vested with the power of formulating
policies for the government or any of its agencies,
subdivisions or instrumentalities.
d. Primarily confidential position
● Its occupants enjoys more than the ordinary
confidence i his aptitude of the appointing power but
bears primarily such as close intimacy which insure
freedom of intercourse without embarrassment of
freedom from misgiving of betrayal of personal trust on
confidential matters of the State. More than ordinary is
required.
● A position may be considered primarily confidential
when the President, upon recommendation of Civil
Service Commissioner, has declared it to be.
● It is the nature of the position which finally
determines whether a position is primarily
confidential.
● Primarily confidential appointee is not subject to
removal at the pleasure of the appointing authority.
Instead, termination of such an appointee’s official
relation can be justified on the ground of loss of
confidence, which involves no removal but merely the
expiration of the term of office.
e. Highly‐technical position ‐ Its occupant is required to
possess skills or training in the supreme or superior
degree.
7. Qualification standards in the Civil Service
1. These are the minimum requirements for a class of
positions in terms of education, training and
experience, civil service eligibility, physical fitness, and
other qualities required for successful performance.
2. Use of Qualification Standards
● As basis for civil service examinations for positions
in the career service
● As guides in the appointment and other personnel
actions in the adjudication of protested appointments
● In determining training needs
● As aid in the inspection and audit of the agencies
personnel work programs
8. Kinds of appointment in the career service
a. Permanent ‐ One which is issued to a person who
meets all the requirements for the position including
the appropriate eligibility prescribed.
b. Temporary or acting ‐ One which is issued to a
person who meets all the requirements for the position
to which he is being appointed except the appropriate
civil service eligibility.
9. Instances of temporary appointment
a. Where the appointee does not possess civil service
eligibility
b. Where the appointee has civil service eligibility but
different from that which is
appropriate to the position for which he was
appointed.
c. Where the appointment is made by the President to
fill an executive office
during the absence or incapacity of the incumbent
d. Where the appointee has not passed any civil service
examination
e. Where the new appointment is still subject to a
condition and compliance has not been made yet
f. Where a new incumbent has been appointed to fill the
position of a regular employee who has been illegally
suspended or dismissed.
g. Where a person is designated as an officer in charge
h. Where the appointment is made at the pleasure of
the appointing power
10. Separation of temporary employees
Can be terminated or withdrawn at the pleasure of the
appointing power, without notice of hearing, or a
9
moment’s choice, and regardless of the grounds or
reasons.
11. Qualification in an appropriate examination
a. Temporary appointment of non‐eligible in the
absence of eligible
b. Appointment to a position requiring lower eligibility
c. Issuance/revocation of certificate of eligibility
12. Approval/recall of appointments by the Civil
Service Commission
a. Appointments required to be approved:
● General Rule: The Civil Service Commission must
approve all appointments, whether original or
promotional, to positions in the civil service and
disapprove those where the appointees do not possess
the appropriate eligibility or required qualifications.
● EXPN: Presidential appointments, members of the
Armed Forces of the Philippines, police forces, firemen,
and jail guards.
b. Right of appointee to a hearing in case of disapproval
c. Effectivity of appointment until disapproval
d. Criterion to be employed
e. Extent of Commission’s authority
f. Attestation of appointment
g. Keeping of records of all appointments
h. Recall of appointment
i. Grounds for recall Rule VI, Sec. 20 Omnibus
Implementing Regulations of the Revised
Administrative Code :
● Non‐compliance with the procedures/criteria
provided in the agencies
Merit Promotion Plan;
● Failure to pass through the agency’s
Selection/Promotion Board;
● Violation of the existing collective bargaining
agreement between management and employees
relative to promotion; or
● Violation of other existing civil service law, rules and
regulation.
D. Vacancy
There is a vacancy when an office is empty and without
a legally qualified incumbent appointed
or elected to it with a lawful right to exercise it powers
and perform its duties.
1. Classifications
a. original – when an office is created and no one has
been appointed to fill it;
b. constructive ‐ when the incumbent has no legal right
or claim to continue in office and can be legally
replaced by another functionary;
c. accidental – when the incumbent having died,
resigned, or been removed, there
is no one in esse discharging the duties of the office
d. absolute – when the term of an incumbent having
expired and the latter not having held over, no
successor is in being who is legally qualified to assume
the office
2. Causes of vacancy
a. Death, permanent disability, removal from office or
resignation of the incumbent.
b. Abandonment, expiration of term, conviction of a
crime, impeachment conviction, acceptance of
incompatible office, creation of a new office, reaching
the age limit and recall. Failure of persons chosen for
office to accept or qualify for the office.
3. Filing of anticipated vacancies
a. Generally appointment legal – a prospective
appointment to fill an anticipated vacancy in a public
office, made by the person or body which, as then
constituted, is empowered to fill the vacancy when it
arises, is in the absence of express law forbidding it,
legal appointment, and vests title to the office in the
appointee.
b. Where appointment to take effect after expiration of
appointing power – but the appointing power cannot
forestall the rights and prerogatives of their successors
by appointing successors to offices expiring after its
power to appoint has itself expired. It is also plain that
an appointment thus made by anticipation has no other
basis than expediency and convenience.
E. Qualifying to Office
1. Qualification
The person appointed or elected to a public office is
usually required by law, before entering upon the
performance of his duties to do some act by which he
shall signify his acceptance of the office and his
undertaking to execute the trust confided in him.
2. Oath of office for public officers and employees
a. Oath – is an outward pledge whereby one formally
calls upon God to witness to the truth of what he says
or to the fact that he sincerely intends to do what he
says
● Constitution – Article VII Section 5
● Administrative Code of 1987
● Local Government Code
3. Necessity of oath of office
a. When the public officer has satisfied the prerequisite
of oath that his right to enter into the position becomes
plenary and complete.
b. Although the law usually requires the taking of an
oath, it is not indispensable. It is mere incident to the
office and constitutes no part of the office itself.
c. The President, the Vice President, or the Acting
President – oath taking is mandatory
d. Unless the law expressly requires more, it is
sufficient that the oath be taken
4. Officers authorized to administer oath
a. Notaries public, members of the judiciary, clerks of
court, the Secretary of either House of the Congress,
10
Secretaries of departments, bureau directors,
registrars of deeds, provincial governors and
lieutenant‐governors, city mayors, and any other
officer in the service of the government whose
appointment is vested in the President.
b. Officers whose duties, as defined by law or
regulation.
5. Public officers and employees required to give bonds
Those to whom are entrusted the collection and
custody of public money, and public ministerial officers
whose actions may affects the rights and interests of
individuals.
6. Nature of public funds
a. Indemnity – binding the officer to discharge the
duties of his office
b. Obligation binding the sureties to make good the
officer's default
c. Collateral security
7. Necessity of giving official bonds
a. Mere incident of office
b. Where time prescribed within which to give bond
F. De Facto Officers
1. De facto doctrine
Is the principle which holds that a person who, by the
proper authority is admitted and sworn into office is
deemed to be rightfully in such office until, by judicial
declaration in a proper proceeding, he is ousted
therefrom, or his admission thereto is declared void.
Springs from the fear of the chaos that would result
from multiple and repetitious suits challenging every
action taken by every official whose claim to office
could be open to question, and seeks to protect the
public by insuring the orderly functioning of the
government despite technical defect in title to office.
2. De facto officer is one who has the reputation of
being the officer he assumed to be and yet is not good
officer in point of law.
A person where the duties of the officer are exercised:
a. without a known appointment or election, but under
such circumstance of reputation or acquiescence as
were calculated to induce people, without inquiry to
submit to or invoke his action, supposing him to be the
officer he assumed to be; or
b. under color of a known and valid appointment or
election, but where the officer has failed to conform to
some precedent requirement or condition, such as to
take an oath, give a bond, or the like; or
c. under the color of a known election or appointment,
void because the officer was not eligible, or because
there was a want of power in the electing or appointing
body, or by reason of some defect or irregularity in its
exercise, such as ineligibility, want of power, or defect
being unknown to the public; or
d. under color of an election or an appointment by or
pursuant to a public, unconstitutional law, before the
same is adjudged to such.
Officer is one who derives his appointment from one
having colorable authority to appoint if the office is an
appointive office, and whose appointment is valid on
its face.
3. De jure officer is one who has the lawful right to the
office in all respects, but who has either been ousted
from it, or who has never actually taken possession of
it.
4. Requirements to become officer de jure
a. He must possess the legal qualifications for the office
in question;
b. He must be lawfully chosen to such office; and
c. He must have qualified himself to perform the duties
of such office according to the mode prescribed by the
Constitution of law.
5. Usurper or intruder is one who takes possession of
the office and undertakes to act officially without any
color of right or authority, either actual or apparent.
6. Elements of de facto officership
a. There must be a de jure office
b. There must be a color of right or general
acquiescence by the public.
c. There must be actual physical possession of the office
in good faith.
7. Liabilities of a de facto officer
a. It may be stated generally that a d e facto officer is
held the same degree of accountability for official acts
as a d e jure officer and cannot escape liability because
he has not qualified for failure to file a bond.
b. While official acts of a d e facto officer are valid and
may be binding with regard to third persons and the
public the person so acting may be liable for all
penalties imposed by law for usurping or unlawfully
holding office, or for exercising the functions thereof
without lawful right or without being qualified
according to law.
c. It is likewise the general rule that a public officer
cannot excuse his responsibility for crimes committed
in his official capacity by asserting that he was an
officer de facto .
d. A rightful incumbent of a public office may recover
from a d e facto officer the salary received by the latter
during the time of his wrongful tenure, even though he
(the d e facto officer) occupied the office in good faith
and under the color of title.
CHAPTER IV: POWERS, DUTIES, AND NORMS OF
CONDUCT OFPUBLIC OFFICERS
Source of powers and authority of public office.
11
People themselves.
Public law.
Authority of public officer not presumed.
Authority of public officer and private agents
distinguished.
Private agents
Universal
General
Special
Public agents
General
Special/ Limited
Ascertainment of authority of public officer.
Persons contracting with the public officer acting
under a public law, must, at their peril, ascertain the
scope of the officer's authority, and are chargeable with
notice of the contents of the law conferring that
authority.
Scope of power of a public officer.
Expressly conferred upon him by the law under which
he has been appointed or elected;
Expressly annexed to the office by the law which
created it or some other law referring to it; or
Attached to the office as incidents to it.
Territorial limitation of authority of public officers.
Limited to territory where law has effect.
Action at a place not authorized by law ordinarily
invalid.
Duration of authority.
Duration of term as provided by the law.
Where officer chosen to act in reference to a particular
subject.
Construction of grant of powers.
Strict interpretation and will be construed as
conferring those powers only which are expressly
imposed or necessarily implied.
Classification of powers and duties.
From their Ministerial. — Official duty is
nature ministerial when it is absolute,
certain, and imperative involving
merely execution of a specific
duty arising from fixed and
designated facts.
Discretionary. — Discretionary or
judicial duties are such as
necessarily require the exercise
of reason in the adaptation of
means to an end, and discretion
in determining how or whether
the act shall be done or the
course pursued.
From the Mandatory. — Powers conferred
standpoint of on public officers are generally
the obligation construed as mandatory
of the officer to although the language may be
perform his permissive, where they are for
powers and the benefit of the public or
duties individuals.
Permissive. — Statutory
provisions define the time and
mode in which public officers
will discharge their duties, and
those which are obviously
designed merely to secure order,
uniformity, system, and dispatch
in public business, are generally
deemed directory.
From the Power of control. — It implies the
standpoint of power of an officer to manage,
the direct or govern, including the
relationship of power to alter or modify or set
the officer to aside what a subordinate had
his done in the performance of his
subordinates duties and to substitute his
judgment for that of the latter.
Power of supervision. —
Supervisory power is the power
of mere oversight over an
inferior body. It does not include
any restraining authority over
such body. He merely sees to it
that the rules are followed, but
he himself does not lay down
such rules, nor does he have the
discretion to modify or replace
them.
Ministerial and discretionary powers distinguished.
Nature of act. — Determined by the facts of the
particular case.
Exercise of discretion. — Whether the act complained of
involves policy making or judgment.
Meaning of discretion.
Discretion - act or the liberty to decide according to the
principles of justice and one's ideas of what is right and
proper under the circumstances, without willfulness or
favor.
Exercise of discretion limited.
The exercise of the officer's discretion is still limited, by
legal construction, to the evident purposes of the act,
and to what is known as a sound and legal discretion,
excluding all arbitrary, capricious, inquisitorial and
oppressive proceedings.
12
Remedy to compel exercise of duty.
Purely ministerial - the courts will require specific
action.
Purely discretionary - the courts, by mandamus, will
require action only.
Delegation of discretionary powers.
Unless the power to substitute another in his place has
been given to him, a public officer cannot delegate his
duties to another.
Delegation of ministerial powers.
It can be delegated, except:
Expressly prohibited.
Expressly requires the act to be performed by the
officer in person.
Time to perform official acts.
Where no time stated in statute. — Must be performed
within a reasonable time.
Where time stated in statute. — The time period
expressed is to be construed as directory and not
mandatory, unless the nature of the act to be
performed or the language used in the statute
evidences an intention to limit the power of the officer.
Ratification of unauthorized acts.
His acts may be ratified, except:
When an act which was absolutely void at the time it
was done.
Not merely voidable.
State is not estopped by the unauthorized or illegal acts
of its agents.
Where superior officers have authority to ratify the
acts of their inferiors, they are restricted to the
ratification of acts and contracts which they
themselves are empowered to make.
Judicial review of official acts.
Where act involves exercise of discretionary power. —
He is the sole and exclusive judge of the existence of
those facts.
Where act involves performance of purely ministerial
duty. — Any person who will sustain personal injury by
such refusal may have a mandamus to compel its
performance.
Where act reviewed done without jurisdiction. —The
courts are not bound by an officer’s interpretation of
the law under which he presumes to act.
Norms of conduct of public officials and employees.
Public office is a public trust.
Standards of personal conduct.
Commitment to public interest.
Professionalism.
Justness and sincerity.
Political neutrality.
Responsiveness to the public.
Nationalism and patriotism.
Commitment to democracy.
Simple living.
Duties of the Civil Service Commission.
Promote observance of these standards; and
Continue to research and experiment on measures
which provide positive motivation to public officials
and employees.
System of incentives and rewards.
Criteria.
Years of service;
Quality and consistency of performance;
Obscurity of the position;
Level of salary;
Unique and exemplary quality of achievement;
Risk or temptation inherent in the work; and
Any similar circumstances or consideration in favor of
the particular awardee.
Form of incentives and rewards.
Bonuses; or
Citations; or
Directorship in government-owned or –controlled
corporations; or
Local and foreign scholarship grants; or
Paid vacations; and
Automatic promotion to the next higher position
suitable to his qualifications and with commensurate
salary.
Committee on Awards. — Composed of the following:
The Ombudsman
Chairman of the Civil Service Commission as Co-
Chairmen
Chairman of the Commission on Audit
Two (2) government employees to be appointed by the
President as members.
Purpose:
Conduct a periodic, continuing review of performance
of officials and employees in all departments, offices,
and agencies;
Establish a system of annual incentives and rewards to
the end that due recognition is given to officials and
employees of outstanding merit;
Determine the form of rewards to be granted;
Formulate and adopt its own rules to govern the
conduct of its activities.
Secretariat. — Provide secretariat services to the
Committee.
Duties of public officers as trustees for the public.
In General Duties
Duty to obey the law.
Duty to accept and continue in office.
Duty to accept burden of office.
Duty as to diligence and care.
Duties in choice and supervision of subordinates.
Ethical duties.
Duty as to outside activities. rights
Duty where personal interest is involved.
13
Duty to act with civility.
Duty to make financial disclosure.
To maintain public confidence in government and in
public officials and employees,
To avoid conflicts of interest from arising, to deter
corruption,
To provide the citizens with information concerning a
public officer's financial affairs.
Specific duties of public officials and employees.
Act promptly on letters and requests.
Submit annual performance reports.
Process documents and papers expeditiously.
Act immediately on the public's personal transactions.
Make documents accessible to the public.
Actions on requests and petitions.
General rule - shall do so immediately, without
discrimination, and in no case beyond fifteen (15)
working days from receipt of the request or petition.
In case of written requests - shall act on the same
within fifteen (15) working days from receipt thereof.
The department, office, or agency must take action
within a period of fifteen (15) working days.
Processing of papers and documents.
Within a reasonable time from the preparation thereof,
in accordance with the following rules:
As prescribed by the law;
If law is silent, head of department, office, or agency to
determine reasonable time, taking into account the:
Nature, simplicity or complexity of the subject matter;
Completeness or inadequacy of requirements;
Lack of resources caused by circumstances beyond the
control of the department, office, or agency or official
or employee concerned;
Legal constraints;
Fault, failure or negligence of the party concerned
which renders decision or action not possible or
premature; and
Fortuitous events or force majeure.
Signing of any written action or decision.
Must contain no more than three (3) initials or
signatures.
Public disclosure of statements of assets and liabilities.
Statement of Assets and Liabilities and Financial
Disclosure.
Contents.
real property, its improvements, acquisition costs,
assessed value and current fair market value;
personal property and acquisition cost;
all other assets such as investments, cash on hand or in
banks, stocks, bonds, and the like;
financial liabilities, both current and long-term;
all business interests and financial connections,
When to file.
within thirty (30) days after assumption of office,
statements of which must be reckoned as of his first
day of service;
on or before April 30, of every year thereafter,
statements of which must be reckoned as of the end of
the preceding year;
within thirty (30) days after separation from the
service, statements of which must be reckoned as of his
last day in office.
Where to file.
President, Vice-President, and Constitutional Officials,
with the National Office of the Ombudsman;
Senators and Congressmen, with the Secretaries of the
Senate and the House of Representatives, respectively;
Justices, with the Clerk of the Supreme Court; Judges,
with the Court of Administrator; and all national
executive officials, such as members of the Cabinet,
Undersecretaries, and Assistant Secretaries, including
the foreign service and heads of government- owned or
-controlled corporations with original charters and
their subsidiaries and state colleges and universities,
with the Office of the President;
Regional and local officials and employees, both
appointive and elective, including other officials and
employees of government-owned or -controlled
corporations and their subsidiaries, with the Deputy
Ombudsman in their respective regions;
Officers of the armed forces from the rank of colonel or
naval captain, with the Office of the President, and
those below said ranks, with the Deputy Ombudsman
in their respective regions; and
All other public officials and employees, defined in
Republic Act No. 3019, as amended, with the Civil
Service Commission.
Authority in favor of Ombudsman. — Execute, within
thirty (30) days from the date of their assumption of
office, the necessary authority in favor of the
Ombudsman to obtain from all appropriate
government agencies such documents as may show
their assets, liabilities, net worth.
Identification and disclosure of relatives. — Such
relatives shall include those up to the fourth civil
degree of relationships, either of consanguinity or
affinity.
Accessibility of documents.
At reasonable hours.
Made available for copying after ten (10) working days
from the time they are filed.
Available to the public for a period of ten (10) years
after receipt of the statement.
Prohibited acts.
any purpose contrary to morals or public policy; or
any commercial purpose other than by news and
communications media for dissemination to the
general public.
Authority/ responsibility of certain officials - Authority
to determine whether said statements have been
properly accomplished:
14
In the case of Congress, the designated committees of
both Houses of Congress subject to approval by the
affirmative vote of the majority of the particular House
concerned;
In the case of the Executive Department, the heads of
departments, offices, and agencies insofar as their
respective departments, offices and agencies are
concerned subject to approval of the Secretary of
Justice;
In the case of the Judicial Department, the Chief Justice
of the Supreme Court; and
In case of the Constitutional Commissions and other
Constitutional Offices, the respective Chairman and
members thereof; in the case of the Office of the
Ombudsman, the Ombudsman.
Review and compliance procedures.
Basis in monitoring income and lifestyle of government
officials and employees. — Sworn Statement of Assets
and Liabilities (SSAL).
Transparency of transactions and access to
information.
Ensure transparency of public transactions.
Provide official information, except if:
must be kept secret in the interest of national defense
or security or the conduct of foreign affairs;
would put the life and safety of an individual in
imminent danger;
falls within the concepts of established privilege or
recognized exceptions as may be provided by law;
information, record, or document comprises drafts of
decisions, orders, rulings, policy-decisions,
memoranda, etc.;
would disclose information of a personal nature where
disclosure would constitute a clearly unwarranted
invasion of personal privacy;
would disclose investigatory records compiled for law
enforcement purposes that will cause partial
adjudication; or
premature disclosure that will endanger the stability of
financial institution.
Establish information systems. — for the purpose of
informing the public of such policies, programs, and
accomplishments, and not to build the public image of
any official or employee or advance his own personal
interest.
Reforms on public administrative systems.
Conduct value development programs.
Conduct professional, etc. programs.
Conduct studies and analyses of work systems.
Develop and make available a service guide.
Consult the public for feedbacks and suggestions.
Conduct research and experimentation.
Designate a resident Ombudsman.
Consult and dialogue with staff.
CHAPTER V: RIGHTS AND PRIVILEDGES OF PUBLIC
OFFICERS
A. IN GENERAL
Rights incident to public office
Rights as a citizen
a. Protection from publication commenting on his
fitness and the like
b. Engaging in certain political and business activities
B. RIGHT TO COMPENSATION
Power of Congress to fix compensation
a. Power primarily but not exclusively legislative in
character
b. Power may be delegated subject to statutory
limitations
Compensation, not an element of public office
Forms of compensation defined and distinguished
A. Compensation
means pay for doing all that may be required
whether it is in the form of a fixed salary or wages, per
diems, fees, commissions, or perquisites of whatever
character.
it is distinguished from honorarium, as honorarium
is given not as a matter of obligation but in appreciation
for services rendered; a voluntary donation in
consideration of services which admit of no
compensation in money.
B. Salary
is the personal compensation to be paid to the
public officer for his services, it is generally a fixed
annual or periodical payment depending on the time
and not the amount of service.
It is distinguished from wages, as wages is given to
officers of lesser rank and paid per day or week.
C. Per diem
is merely one forms of compensation granted to
public officers which is fixed, not as ordinarily by the
year or by the month but by the day.
is a daily allowance given for each day an officer or
employee of government is away from her home base.
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.
Could rightfully be considered a compensation or
remuneration attached to an office.
not deemed to be a salary within the Constitutional
provision that no change in the compensation of
15
officers shall affect the salary of any officer during his
existing term.
D. Emoluments
refers to the profits arising from the office, and that
which is received as compensation for services or
which is annexed to the office as salary, fees or
perquisites.
Includes fees and compensation as the incumbent of
the office is, by law, entitled to receive.
Allowances are included in the term “emoluments”
(i.e., representation and transportation, housing, etc.)
Basis of right to compensation
1. Creation of law
2. Services rendered
3. Compensation fixed by law
4. Legal title to office
5. Amount of compensation
6. Ex oficio position
Recovery of compensation
1. From the government
a. De jure officer cannot recover that which has been
paid to a de facto officer unless the government
continues to pay even after having received notice of an
adjudication in favor of the de jure.
b. In cases where there is no de jure officer, a de facto
officer is legally entitled to the emoluments of the office
if he is:
1. In good faith
2. Has possession of the office
3. Has discharge of the duties of said office
2. From the de facto officer
a. After the notice of adjudication in favor of the de jure
officer, the de facto officer is not entitled to keep what
has been paid for services rendered.
b. Also, where the tenure of the de facto was wrongful,
the salary received by such may be recovered.
3. From the intruder or usurper
o An intruder or usurper has no right to the salary or
emoluments of the office. He becomes liable to the de
jure officer in an action for money he had received.
Salary not subject to garnishment
Garnishment
is a kind of attachment for reaching credits
belonging to the judgment debtor owing to him from a
stranger to litigation.
o The salary of a public officer may not be subject of
garnishment, attachment, or order of execution, nor be
seized before being paid to him, and appropriated for
the payment of his debts for the following reasons:
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 the 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.
Agreements affecting compensation
a. Compensation is given not only for remuneration of
services but also to enable the incumbent to give due
attention to his official duties and to perform them
better.
o Any agreement respecting such compensation is
invalid as against public policy if it tends to pervert
such compensation to purpose other than that for what
it was intended. This rule specifically refers to
unperformed services and the salaries attached thereto
and to those already performed which the officer can
validly disburse as he may see fit.
b. The following agreements are invalid:
1. Agreement to accept, or acceptance of less or other
than legal compensation
2. Sale, assignment, or barter of said compensation
3. Dividing compensation with others if it amounts to
an anticipatory agreement
Prohibition against diminution of salary
a. Congress has absolute power to fix or alter the
compensation of public officers, except as provided by
the Constitution.
b. The Constitution prohibits Congress from reducing
the salary of the following constitutional officers
during their term or tenure in order to secure their
independence:
1. President and Vice-President
2. Chief Justice, Associate Justices of the Supreme Court,
and judges of lower courts
3. Chairmen and members of the Constitutional
Commissions
4. Ombudsman and his Deputies
Prohibition against receiving additional, double, or
indirect compensation
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“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.”
(Constitution, Article IX-B, Section 8)
The prohibition does not apply in the following cases:
1. The law, in certain instances, specifically authorizes
payment where it appears just and necessary
2. Additional compensation is received not from
government or any of its entities
3. In case of double appointments where there are 2
distinct offices, the public officer may draw the salary
attached to the 2nd position only when law specifically
authorizes him.
Free voluntary service to the government
Free voluntary service
refers to services rendered by persons who are in
government without pay or compensation.
1. Requirements for free voluntary service
a. Issuance of an appointment document
b. Fitness and suitability for the duties and
responsibilities of the particular position
c. Compliance with the rule on nepotism
2. Functions or services that volunteers can perform:
a. Advisory
b. Consultancy or counseling
c. Recommendatory
d. Professional services
e. Staff work such as planning or research
f. Humanitarian
3. Applicable laws and rules
o The Code of Conduct and Ethical Standards for Public
Officials and Employees (Republic Act no. 6713) and
the Implementing Rules on:
a. Rewards and incentives
b. Norms of conduct and ethical standards
c. Duties and obligations of public officers and
employees
d. Prohibitions and sanctions
enumerated in the Implementing Rules
e. Civil and criminal liability
4. Exemptions
o Those who render free voluntary service are
exempted from the following:
a. Filing of statements of assets and liabilities and net
worth, and financial disclosures
b. Requirement of divestment
c. Eligibility requirements
d. Security of tenure
5. Prohibitions
o Unless otherwise provided in the terms of their
designations, volunteers are prohibited from:
a. Exercising supervisory functions over personnel
b. Exercising functions of positions involving national
security
c. Having access to confidential or classified
information unless authorized by proper authorities
d. Occupying regular plantilla positions
e. Having such services credited as government service
and availing themselves of retirement benefits
f. Using facilities and resources of the office for partisan
political purposes
g. Receiving any pecuniary benefit such as honoraria,
allowances, and other perquisites of office.
C. OTHER RIGHTS
1. Rights under the Constitution
a. Right to self-organization
b. The right to protection of temporary employees
c. Freedom of members of Congress from arrest and
from being questioned
d. The right not to be removed or suspended except for
cause provided by law
2. Participation in prohibited activity or mass action
“Prohibited concerted activity or mass action”
refers to any collective activity undertaken by
government employees either by themselves or
through their employees’ organizations, with the intent
of effecting work stoppage or service disruption in
order to realize their demands or force concessions,
economic or otherwise, from their respective agencies
or the government.
3. Rights under the Civil Service Decree and the new
Administrative Code
a. The right to preference in promotion
b. The right to present complaints and grievances
c. The right not to be suspended or dismissed except for
cause as provided by law and after due process
d. Right to organize
NEXT-IN-RANK RULE
4. Personnel actions
17

refers to any action denoting movement or progress
of personnel in the civil service which must be in
accordance with the rules or standards promulgated by
the Civil Service .
o Personnel actions include the following:
1. Appointment through certification
2. Promotion
It is the advancement from one position to another
with an increase in duties and responsibilities as
authorized by law and usually accompanied by an
increase in pay.
3. Transfer
It is the movement from one position to another of
equivalent rank, level, or salary without break in
service involving issuance of appointment.
4. Reinstatement
It means restoration to a state or condition from
which one has been removed or separated.
5. Reemployment
6. Detail
It is the movement of an employee from one
department or agency to another without the issuance
of appointment and shall be allowed only for a limited
period in case of employees occupying professional,
technical, and scientific positions.
7. Reassignment
8. Demotion
It is the movement from one position to another
involving the issuance of an appointment with
diminution in duties, responsibilities, status, grade or
rank which may or may not involve reduction in salary.
5. Rights under the Revised Government Service
Insurance Act
o Covered employees are entitled to the following
benefits:
1. Retirement benefits
2. Separation benefits
3. Unemployment or involuntary separation benefits
4. Disability benefits
5. Survivorship benefits
6. Funeral benefits
7. Life insurance benefits
6. Pension
are regular allowances paid to an individual or
group of individuals by the government in
consideration of services rendered, or in recognition of
merit, civil or military
Pension and gratuity distinguished
o Gratuity is a donation and act of pure liberality on the
part of the State.
7. Retirement
as a withdrawal from office public station, business,
occupation, or public duty.
8. Right to reimbursement and indemnity
9. Right to reinstatement and back salary
o Reinstatement
Is the restoration to a state or condition from which
one had been removed or separated.
o Back Salary
Is a form of relief that restores the income that was
lost by reason of unlawful dismissal.
10. Rights to property, devices and inventions
11. Right to recover reward for performance of duty
CHAPTER VI: DISABILITIES AND INHIBITIONS OF
PUBLIC OFFICERS
A. Constitutional Prohibitions
I. Disabilities of President, Vice-President, Members of
Cabinet, and their Deputies and Assistants
1. They shall not hold, unless otherwise provided in the
Constitution, any other office or employment;
2. They shall not practice any other profession;
3. They shall not participate, directly or indirectly, in
any business;
4. They shall not be financially interested, directly or
indirectly, 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 their subsidiaries; and
5. They shall strictly avoid conflict of interest in the
conduct of their office.
II. Disabilities of the members of the 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;
18
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;
3. No Senator or Member of the House of
Representatives may personally appear as counsel
before any court of justice before the Electoral
Tribunals, or quasi-judicial and other administrative
bodies;
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.
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;
5. He shall not intervene in any cause or 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 or to give his vote as a member of the Congress.
III. Disqualifications to hold any other office or
employment in the government
1. Incompatible office – This include any kind of 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. 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 duties.
2. Forbidden office – This refers to any office created or
the emoluments of which have been increased during
the term for which he was elected, not merely during
his tenure or period of actual insolvency.
IV. Prohibition against financial interest
1. Appearance as counsel before any court of justice,
etc. – A member of congress shall not appear personally
as counsel before any court of justice or before the
electoral tribunals or quasi-judicial and other
administrative bodies.
2. Financial interest in any contract with the
government – He shall not, directly or indirectly, be
interested financially in any contract with the
government, etc., during his term of office whether as
an individual or as a member of a partnership or as an
officer of a corporation.
3. Financial interest in any special privilege by the
government – He shall not, directly or indirectly, be
interested financially in any franchise or special
privilege granted by the government, etc., during his
term of office.
4. Intervention in certain matter – he shall not
intervene in any cause or 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 or to
give his vote as member of Congress.
V. Disabilities of members of Constitutional
Commission
1. No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment.
2. Neither shall he engage in the practice of any
profession or in the active management or control of
any business which in any way may be affected by the
functions of his office.
3. Nor he shall be financially interested, directly or
indirectly, in any contract with, or in any franchise or
privilege granted by the government, any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
VI. Prohibition against designation of members of
judiciary to administrative positions
Article VIII Section 12
“ The members of the Supreme Court and of other
courts established by law shall not be designated to any
agency performing quasi-judicial or administrative
functions.”
VII. Prohibition against engaging in partisan political
activities
Article IX-B, Section 2, par. 4
“No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.”
Article XVI, Section 5, par. 3
“Professionalism in the armed forces and other
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.”
VIII. Prohibition against appointment of elective
officials
Article IX, Section 7
“xxx No elective official shall be eligible for
appointment or designation in any capacity to any
public office or position during his tenure .”
IX. Prohibition against holding more than one position
by appointive officials
Article IX-B, Section 7
“Unless otherwise allowed by law or by the primary
functions of his position, no appointing official shall
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.”
X. Prohibition against acceptance of any present, etc.
from any foreign state
19
Article IX-B, Section 8
“No elective or appointive public officer or employee
shall xxx accept without the consent of the Congress,
any present, emolument, office, or title of any kind from
any foreign government.”
XI. Prohibition against receiving additional, double, or
indirect compensation
Article IX-B, Section 8
“No elective or appointive public officer or employee
shall receive additional, double or indirect
compensation, unless specifically authorized by law
xxx.
Pensions and gratuities shall not be considered as
additional, double or indirect compensation.”
XII. Prohibition against appointment of members of the
armed forces to certain positions
Article XVI, Section 5, par. 4
“No member of the armed forces in the active service
shall, at any time, be appointed or designated in any
capacity to a civilian position in the Government
including government-owned or controlled
corporations or any of their subsidiaries.”
XIII. Prohibition against grant of loan, guaranty, or
other form of financial accommodation
Article XI, Section 16
“No loan, guaranty, or other form of financial
accommodation for any business purpose may be
granted, directly or indirectly, by any government-
owned or controlled bank or financial institution to the
President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or to
any firm or entity in which they have controlling
interest, during their tenure.”
B. Prohibitions Under Existing Laws
CESO (PD 807)
Political Activity - No officer or employee in the Civil
Service including members of the Armed Forces, shall
engage directly or indirectly in any partisan political
activity or take part in any election except to vote nor
shall he use his official authority or influence to coerce
the political activity of any other person or body.
Nothing herein provided shall be understood to
prevent any officer or employee from expressing his
views on current political problems or issues, or from
mentioning the names of candidates for public office
whom he supports: Provided, That public officers and
employees holding political offices may take part in
political and electoral activities but it shall be unlawful
for them to solicit contributions from their
subordinates or subject them to any of the acts
involving subordinates prohibited in the Election Code.
Additional or Double Compensation- No elective or
appointive public officer or employee shall receive
additional or double compensation unless specifically
authorized by law nor accept without the consent of
the President, any present, emolument, office, or title of
any kind from any foreign state.
Limitation on Employment of Laborers- Laborers,
whether skilled, semi-skilled or unskilled, shall not be
assigned to perform clerical duties.
Prohibition on Detail or Reassignment- No detail or
reassignment whatever shall be made within three (3)
months before any election.
Nepotism - All appointments made in favor of a relative
of the appointing or recommending authority, or of the
chief of the bureau or office, or of the persons
exercising immediate supervision over him, are hereby
prohibited.
LGU Officers
Business and Pecuniary interest
Business transaction with local government unit in
which he is an official or employee over which he has
the power of supervision, or with any of its authorized
board, official, 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 LGU unit to such person or firm.
Cockpits
Forfeited real estate in favor of LGU for unpaid taxes or
by virtue of a legal process at the instance of the said
LGU.
Use of Public property for private purposes
ETC.
Practice of Profession
those members of the Bar
Appear as counsel before any court in any civil and
criminal cases case wherein a local LGU or any office,
agency or instrumentality is the adverse party
Collect any fee for their appearance in admin
proceedings involving LGU of which he is an official
Use property or personnel of government except when
the SB member concerned is defending the interest of
the Govt
LGU official in medical profession may exercise
profession even during official hours of work during
emergencies provided that the officials concerned do
not derive monetary compensation.
Partisan Political Activity
Property in Public Auctions
20
The following persons cannot acquire by purchase,
even at a public or judicial auction, either in person or
through the mediation of another:
(1) The guardian, the property of the person or persons
who may be under his guardianship;
(2) Agents, the property whose administration or sale
may have been entrusted to them, unless the consent
of the principal has been given;
(3) Executors and administrators, the property of the
estate under administration;
(4) Public officers and employees, the property of the
State or of any subdivision thereof, or of any
government-owned or controlled corporation, or
institution, the administration of which has been
entrusted to them; this provision shall apply to judges
and government experts who, in any manner
whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of
superior and inferior courts, and other officers and
employees connected with the administration of
justice, the property and rights in litigation or levied
upon an execution before the court within whose
jurisdiction or territory they exercise their respective
functions; this prohibition includes the act of acquiring
by assignment and shall apply to lawyers, with respect
to the property and rights which may be the object of
any litigation in which they may take part by virtue of
their profession.
(6) Any others specially disqualified by law.
The prohibitions in the two preceding articles are
applicable to sales in legal redemption, compromises
and renunciations.
BSP
Outside the interest of the Gov. and Full time monetary
board members
Personnel (Anti-Graft and Code of Ethical Standards)
BIR
Unlawful divulgence of trade secrets (PD 1158 sec 269)
Unlawful interest of revenue law enforcers in business.
(PD 1158 sec 270)
Anti-Graft
Influencing other public officer to perform an offense
in connection with official duties
Requesting or receiving any gift in connection with his
official duties
Causing any undue injury to any party
Entering on behalf of the Govt into a contract to the
disadvantage of another
Having financial or pecuniary interest in any business
which is prohibited by law
Becoming interested for personal gain in any
transaction requiring the approval of the board or
company
Approving or granting any license or permit in favor of
any person known to him to be not qualified or legally
entitled to such license
Code of Conduct and Ethical Standards
(a) Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any
transaction requiring the approval of their office.
(b) Outside employment and other activities related
thereto. - Public officials and employees during their
incumbency shall not:
(1) Own, control, manage or accept employment as
officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated,
supervised or licensed by their office unless expressly
allowed by law;
(2) Engage in the private practice of their profession
unless authorized by the Constitution or law, provided,
that such practice will not conflict or tend to conflict
with their official functions; or
(3) Recommend any person to any position in a private
enterprise which has a regular or pending official
transaction with their office.
These prohibitions shall continue to apply for a period
of one (1) year after resignation, retirement, or
separation from public office, except in the case of
subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection
with any matter before the office he used to be with, in
which case the one-year prohibition shall likewise
apply.
(c) Disclosure and/or misuse of confidential
information. - Public officials and employees shall not
use or divulge, confidential or classified information
officially known to them by reason of their office and
not made available to the public, either:
(1) To further their private interests, or give undue
advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials
and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan
or anything of monetary value from any person in the
course of their official duties or in connection with any
operation being regulated by, or any transaction which
may be affected by the functions of their office.
Divestment (RA 6713, sec 3, f,g,I,j,k)
A public official or employee shall avoid conflicts of
interest at all times. When a conflict of interest arises,
he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption
of office and/or divest himself of his shareholdings or
interest within sixty (60) days from such assumption.
The same rule shall apply where the public official or
employee is a partner in a partnership.
The requirement of divestment shall not apply to those
who serve the Government in an honorary capacity nor
to laborers and casual or temporary workers.
21
"Conflict of interest" arises when a public official or
employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or
owner or has a substantial interest in a business, and
the interest of such corporation or business, or his
rights or duties therein, may be opposed to or affected
by the faithful performance of official duty.
"Substantial stockholder" means any person who
owns, directly or indirectly, shares of stock sufficient to
elect a director of a corporation. This term shall also
apply to the parties to a voting trust.
"Divestment" is the transfer of title or disposal of
interest in property by voluntarily, completely and
actually depriving or dispossessing oneself of his right
or title to it in favor of a person or persons other than
his spouse and relatives as defined in this Act.
"Relatives" refers to any and all persons related to a
public official or employee within the fourth civil
degree of consanguinity or affinity, including bilas, inso
and balae.
"Family of public officials or employees" means their
spouses and unmarried children under eighteen (18)
years of age.
CHAPTER VII: LIABILITIES OF PUBLIC OFFICERS
A. In General
Doctrine of official immunity from liabilities for public
officers
The promotion of fearless, vigorous, and
effective administration of policies of government. The
threat of suit could also deter competent people from
accepting public office.
Official immunity and State immunity distinguished
Official immunity is by protecting the public
official in the performance of his government function.
It serves as a protective aegis for public officials from
tort liability for damages arising from discretionary
acts or functions in the performance of their official
duties.
State immunity does not apply in causes of
action which do not seek to impose a charge or
financial liability against the government.
Official immunity not absolute. Hence, such immunity
shall only apply to the following:
1. Suit to enforce liability for personal torts; and
2. Suit to compel performance of official duty or
restrain performance of an act.
Exceptions:
a. A public officer may be sued as such to
compel him to do an act required by law;
b. From enforcing a law claimed to be
unconstitutional; and
c. The government itself violated its own laws.
Liability based upon and co-extensive with duty
Two Classes of public officers
1. Those whose duty is owing solely to the public; and
2. Those whose duty is owing in some degree to the
individuals.
Three-fold responsibility of public officers
1. CIVIL. If individual is damaged by the violation of
duty, the officers shall be held liable civilly to
reimburse the injured party;
2. CRIMINAL. If the law has attached a penal sanction,
the officer may be punished criminally;
3. ADMINISTRATIVE. The violation of disciplinary
power may lead to imposition of fine, reprimand,
suspension, or removal from office, as the case maybe.
Criminal and civil cases different from administrative
matters
(Criminal and civil cases VS. Administrative matters)
Administrative Cases/Matters
Purpose Protection of public service
Constitution of the act or Solely administrative
omission
Case administration Does not bar from criminal penalt
Does not bar from filing of crimina
Double jeopardy does not apply
Prejudicial Question Not applicable
Proceedings against public officers
1. Evidence and procedure
Substantial evidence – such relevant evidence
as a reasonable mind might accept as adequate to
support a conclusion.
2. Right to be informed of findings and
recommendations of an investigating committee.
3. Object of administrative proceedings.
4. Right to counsel.
22
5. Effect of death.
Administrative liability incurred in a previous term by
an elective official
1. Re-election operates as electorate condonation of a
previous misconduct
Condonation Rule – applied regardless of the
date of filing of the administrative complaint as long as
the wrongdoing was committed prior to the date of re-
election.
2. Condonation does not extend to reappointed
coterminous employees.
3. Re-election does not extinguish criminal or civil
liability
The rule that “when the people have elected a
man to his office it must be assumed that they did this
with knowledge of his life and character and that they
disregarded or forgave his faults or misconduct if he
had been guilty of any” - refers only to an action for
removal from office and does not apply to criminal
case.
B. Civil Liability
Requisites for recovery of damages arising from acts of
public officers
Two things that must concur in order to create the right
of action:
1. Damage to himself; and
2. A wrong or violation of the right of a party committed
by the other.
Effect of contributory negligence of injured party
Rule: Public officers should be held to a faithful
performance of their official duties, and made to
answer in damages to all persons who may have been
injured through their malfeasance, omission or
negligence.
Liability of the President for Official Acts
1. Civil responsibility
2. Criminal Liability
3. Liability for Damages
Liability of other Executive Officials for Official Acts
Government officials performing discretionary
functions generally are shielded from liability for civil
damages insofar as their conduct does not violate
clearly established statutory or constitutional rights
which any reasonable person would have known.
Reasons for immunity
Immunity is necessary because the imposition of
monetary costs for mistakes which were not
unreasonable in the light of all circumstances would
undoubtedly deter the most conscientious
governmental decision maker from exercising his
judgment independently, forcefully and in a matter
best serving the long-term interest of the public
Officials with broad range of duties and authority must
often act swiftly and firmly at the risk that an action
deferred will be futile or constitute virtual abdication
of office.
Liability of Legislative Officials for Official Acts
Members of the Congress are not only exempt from
general liability but certain special privileges are
accorded them by the Constitution.
Reasons for immunity
Members of public legislative bodies are chosen to
enact such laws and regulations or rules of conduct as
in their judgment best suited to the welfare and
prosperity of the people within their jurisdiction. The
performance of this duty is owing to the public and not
to individuals.
Liability of Members of the Judiciary for Official Acts
Reasons for immunity
The necessary result of the liability would be to occupy
the judge’s time and mind with the defense of his own
interests, when he should be giving them up wholly to
his public duties, thereby defeating to some extent the
very purpose for which his office was created.
The effect of putting the judge on his defense as
wrongdoer necessarily is to lower the estimation in
which his office is held by the public, and any
adjudication against him lessens the weight of his
subsequent decisions.
The civil responsibility of the judge would often be an
incentive to dishonest instead of honest judgments,
and would invite him to consult public opinion and
public prejudices when he ought to be wholly above
and uninfluenced by them.
Such civil responsibility would constitute a serious
obstruction to justice, in that it would render essential
a large increase in the judicial force, not only as it
would multiply litigation, but as it would open each
case to endless controversy. If one judge can be tried
for his judgment, the one who presides on the trial may
also be tried for his, and thus the process may go on
until it becomes intolerable.
Where the judge is really deserving of condemnation, a
prosecution at the instance of the state is a much more
effectual method of bringing him to account than the
private suit.
Judicial offices would never be accepted by any man of
standing, reputation or financial worth, if at the peril of
his fortune, he must justify his judgments to the
23
satisfaction of another judge at the instance of a
dissatisfied litigant.
Liability for rendering an unjust judgment
Liability for gross ignorance of law and incompetence
Quantum of proof necessary to support administrative
charges
Liability of Quasi-judicial Officers for Official Acts
Nature of functions
Reasons for Immunity
Liability for ministerial acts
Liability of Ministerial Officers for Official Acts
General Rule
Purely Ministerial Act or Duty – an act which an officer
or tribunal performs in a given state of facts, in a
prescribed manner, in obedience to the mandate of the
legal authority, without regard to the exercise of his
own judgment upon the propriety or impropriety of
the act done.
Requisites for liability
Liability where officer also acts extra-judicially
Kinds of Liability of Ministerial Officer
Nonfeasance or the neglect or refusal, without
sufficient excuse, to perform an act which it was the
officer’s legal duty to the individual to perform;
Misfeasance or the failure to use, in the performance of
a duty owing to an individual, that degree of care, skill
and diligence which the circumstances of the case
reasonably demand; and
Malfeasance or the doing, either through ignorance,
inattention or malice, of that which the officer has no
legal right to do at all, as where he acts without any
authority whatever, or exceeds, ignores or abuses his
powers.
Liability of Superior Officer for Acts of Subordinates
General Rule
Exceptions
Where, being charged with the duty of employing or
retaining his subordinates, he negligently or willfully
employs or retains unfit or improper persons; or
Where, being charge with the duty to see that they are
appointed or qualified in a proper name, he negligently
or willfully fails to require them the due conformity to
the prescribe regulations; or
Where he so carelessly or negligently oversees,
conducts or carries on the business of his office as to
furnish the opportunity for the default; or
A fortiori, where he has directed, authorized or
cooperated in the wrong; or
Where liability is expressly provided in the statute.
Other Exceptions
Liability of Subordinates
Same rules as those applicable to officers of higher rank
Where acts done pursuant to orders or instructions
Liability for Tortious Acts
Acts done within scope of official authority
Acts done without or in excess of official authority
Liability under the Civil Code
For failure or neglect to perform official duty
For violating rights and liberties of private individuals
Freedom of Religion;
Freedom of speech;
Freedom to write to the press or to maintain a
periodical publication;
Freedom from arbitrary or illegal detention;
Freedom of suffrage;
The right against deprivation of property without due
process of law;
The right to a just compensation when private property
is taken for public use;
The right to the equal protection of laws;
The right to be secure in one’s person, house, papers,
and effects against unreasonable searches and
seizures;
The liberty of abode and of changing the same;
The privacy of communication and correspondence;
The right to become a member of association or
societies for purposes not contrary to law;
The right to take part in a peaceful assembly to petition
the government for redress of grievances;
The right to be free from involuntary servitude in any
form;
The right of the accused against excessive bail;
The right of the accused to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, and to have a speedy and public
trial, to meet witnesses face to face, and to have
compulsory process, to secure the attendance of
witness in his behalf;
Freedom from being compelled to be a witness against
one’s self, or from being forced to confess guilt, or from
being induced by a promise of immunity or reward to
make such confession, except when the person
confessing becomes a state witness;
Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted
with the statute which has not been judicially declared
unconstitutional; and
Freedom of access to the courts
For failure to render aid or protection to a person
Liability on Contract Executed in behalf of the
Government
24
The general rule is that a public officer within the scope
of his authority and in his official capacity is not
personally liable on contracts executed in behalf of the
government
Liability for Unexplained Wealth
Republic Act No. 1379 (Forfeiture of Unexplained
Wealth Act) declares the forfeiture in favor of the state
of any property found to have been unlawfully
acquired by any public official or employee
On the other hand, R.A. No. 3019 (Anti-Graft and
Corrupt Practices Act) penalizes certain acts
(enumerated in Section 2 thereof) of public officers and
private persons alike which constitute graft or corrupt
practices or which may lead thereto.
Liability of Accountable Officers to the Government
Bond requirement
Primary and secondary responsibility
General liability for unlawful expenditures
Measure of liability of accountable officers
Liability for acts done by direction of superior officers
C. CRIMINAL LIABILITY
Generally: No public officer, however high his position,
is above the law; all may be punished for criminal acts.
office, usurpation of powers, and unlawful 1. Where term of office not fixed by law and incumbent
appointments. is relieved by appointing authority, legal effect is the
same as if term has been fixed by Congress itself.
CHAPTER VIII: TERMINATION OF OFFICIAL
RELATIONS 2. Where appointment is for a definite and renewable
period, non-renewable thereof does not involve
A. Specifically dismissal but an expiration of term.
Modes of termination of official relations
The authority and duties imposed by the office Term and tenure distinguished
may be terminated by any of the following ways:
1. Expiration of the term of tenure of office Term means the time during which the officer may
2. Reaching the age limit claim to hold office as of right and fixes the interval
3. Death or permanent disability after which several incumbents shall succeed one
4. Resignation another.
5. Acceptance of incompatible office
6. Abandonment of office Tenure represents the period during which the
7. Prescription of right to office incumbent actually holds the office.
8. Removal
9. Impeachment Commencement of terms of office
10. Abolition of office
11. Conviction of a crime 1. Date for commencement is fixed for some
12. Recall appreciable period after the election or appointment.
2. When there is no time fixed, term will generally begin
B. Natural Causes on the date of election, in case of elective officers, and
the date of the appointment where the officer is
By expiration of term of office- unless he is authorized appointed.
by law to hold over, his rights, duties and authority as 3. Where the term runs “from” a certain date, the day of
a public officer must ipso facto cease. the date is excluded in the computation.

Crimes Peculiar to Certain Public Officers
Revised Penal Code
Malfeasance and misfeasance in office;
Frauds and illegal exactions and transactions;
Malversation of public funds or property;
Infidelity of public officers; and
Other offenses and irregularities committed by public
officers which include disobedience, refusal of
assistance, maltreatment of prisoners, prolongation
and abandonment of the duties and powers of public
Term- when used in reference to the tenure of office
means ordinarily a fixed and definite time prescribed
by law or the Constitution by which an officer may hold
an office.
Expiration of tenure - is the right of the occupant
himself to hold the office which is terminated.
Removal and Expiration of term Distinguished
Power of Congress to fix, shorten, or lengthen term
1. Where term fixed by the Constitution- it is beyond
the power of Congress to affect the tenure of such
Constitutional Office.
2. Where term not fixed by the Constitution- Congress
may fix the terms of officers other than those provided
for in the Constitution.
Holding over after expiration of term
25

1. Where holding over provided by law- the office does
not become vacant upon the expiration of the term if
there is then no successor elected and qualified to
assume it but the present incumbent will hold office
until his successor is elected and qualified, even though
it be beyond the term fixed by law.
2. Where holding over not provided by law- unless such
holding over be expressly or impliedly prohibited,
incumbent may continue to hold until someone else is
elected and qualifies to assume office.
3. Where Constitution limits term- holding over is not
permitted
4. Application of hold-over provision-provision for
holding-over applies only where a fixed term is
annexed to an office.
5. Purpose of hold-over provision- is to prevent a hiatus
in the government pending the time when a successor
may be chosen and inducted into office.
6. Status of hold-over officer- is a de jure officer if his
holding over is authorized by law; otherwise he is a de
facto officer.
Office Created for the Accomplishment of a Specific Act
Where an office is created, or an officer is appointed for
performing a single act or accomplishment of a result,
the office terminates and officer's authority ceases with
the accomplishment of the purpose which called it into
being.
By Reaching of Age Limit
This mode of terminating official relations results in
the compulsory and automatic retirement of a public
officer.
By death or permanent Disability
The death of incumbent of an office necessarily renders
the office vacant.
Permanent disability covers both physical and
mental disability.
C. Acts or Neglect of Officer
By Resignation
A resignation by definition is the formal renunciation
or relinquishment of a public office. It implies an
expression by the incumbent in some form, express or
implied, of the intention to surrender, renounce, and
relinquish his right to the office and its acceptance by
competent and lawful authority.
Forms of resignation
1) Where by law a resignation is required to be made
in any particular form that form must be
substantially complied with.
2) Where no such form is prescribed, no particular
mode is required, but the resignation may be made by
any method indicative of the purpose. It need not be in
writing unless so required by law. It may be oral or
implied by conduct.
What constitutes resignation
1) To constitute resignation of public office, there must
be a) an intention to relinquish a part of the
term b)accompanied by the voluntary act of
relinquishment, and c) an acceptance by the proper
authority.
2) A resignation implies an expression of the
incumbent in some form, express or implied, of
the intention to surrender, renounce, and relinquish
the office his/her accompanied by the act of
relinquishment.
3) As the intent to relinquish must concur with the
overt act of relinquishment, the acts of the
employee before or after the alleged resignation must
be considered in determining whether he or she, in fact
intended to severe his or her employment.
a) A written resignation, delivered to the
board to the board or officer authorized to receive it
and fill the vacancy thereby created, is prima facie, but
not conclusive evidence of the intention to relinquish
the office. Such resignation must be signed by the party
tendering it.
b) By applying for and receiving retirement
benefits, one may be deemed to have irrevocably
resigned from the government service.
c) A voluntary resignation is difficulty to
reconcile with the filing of a complaint for illegal
dismissal.
To whom resignation tendered.
The official with whom a resignation of a public office
must be filed may be designated by statute.
In the absence of a statutory direction, a public officer
should tender to the officer or body having
authority to appoint his successor or to call an election
to fill the office.
Necessity of acceptance of resignation.
1) Abandonment unlawful before acceptance.
2) Resignation revocable before acceptance.
Form of acceptance
The acceptance of the resignation may be manifested
either by a formal declaration or by the
appointment of a successor. So where the written
resignation of the officer, intended to operate as
such, was duly written in the proper office without
objection, and was endorsed as his resignation,
it was held that this was a sufficient acceptance, if any
was required.
Withdrawal of resignation.
26
An immediately effective resignation may be
withdrawn before it is acted upon, but not after
acceptance. It has also been held that the resignation of
an officer, effective at a future date, may not be
withdrawn after the resignation has been accepted.
Accordingly, a public employee is entitled to withdraw
a prospective resignation if the employee dies so
before its effective date, before it has been accepted,
and before the appointing power acts in reliance on the
resignation.
Repudiation of resignation.
1) A resignation is not effective although a successor
has already been appointed to take the place of the
first incumbent if said resignation has been
transmitted without the officer's consent;
2) The resignation of a public officer procured by fraud
or by duress is voidable and may be repudiated; and
3) A resignation given as an alternative to have charges
filed against the public officer may be repudiated,
for said resignation cannot be accepted as having given
by the officer voluntarily and willingly.
Effect of duress or coercion.
A resignation by an officer charged with
misconduct is not given under duress or coercion,
though the appropriate authority has already
determined that the officer's alternative is termination,
where such authority has the legal authority to
terminate the officer's employment under the
particular circumstances, since it is not duress to
threaten to do what one has the legal right to do,
or to threaten to take any measure authorized by law
and the circumstances of the case.
By acceptance of an incompatible or
prohibited office.
1) It is contrary to the policy of the law that the
same individual should undertake to perform
inconsistent and incompatible duties. He who,
while occupying one office, accepts another
incompatible with the first, ipso facto,
absolutely vacates the first office.
2) If the law or Constitution as an expression
of public policy forbids the acceptance by a public
officer of any office other than that which he
holds, it is not a case of incompatibility but of
legal or constitutional prohibition.
When offices incompatible with each other.
Incompatibility is to be found in the character of the
officers and their relation to each other, in the
subordination of the functions and duties which attach
to them. It exists where:
1) There is conflict in such duties and functions, so that
the performance of the duties of one interferes
with the performance of the duties of the other, as to
render it improper from consideration of public policy
for one person to retain both; and
2) One is subordinate to the other and is subject in
some degree to its supervisory power for obviously in
such a situation where both positions are held by the
same person, the design that one acts as a heck on
the other would be frustrated; or
3) The Constitution or the law itself, for reasons of
public policy, declares the incompatibility even there is
no inconsistency in the nature and functions of the
office. Incompatibility of offices or positions requires
the involvement of two government offices or positions
which are held by on individual;
Exceptions to the rule on holding incompatible offices.
1) Where the officer cannot vacate the first office by his
own act, upon the principle that he will not be
permitted to, thus, do indirectly what he could not do
indirectly, as where the law requires the
approval of the provincial board before a municipal
official can resign.
2) Where the first office is held under a different
government from that which conferred the
second;
3) Where the officer is expressly authorized by law to
accept another office; and
4) Where the second office is temporary.
By abandonment of office.
Meaning of abandonment.
Abandonment in law means a voluntary
relinquishment of an office by the holder of all right,
title or claim thereto without valid or justifiable reason
with the intention of not reclaiming it, or terminating
his possession and control thereof.
When there is abandonment of office.
A public office is not deemed property but like any
other right or property it may be abandoned.
1) Clear intention to abandon office.
2) Acceptance of another office.
3) Concurrence of overt acts and intention.
4) Failure to discharge duties of office, or to claim or
resume it.
5) Acquiescence by the officer.
By prescription of right to office.
A person who claims a right to a public office occupied
by another may bring an action determine by what
authority the latter assumes to hold and exercise the
office in question and ascertain who is entitled to it.
27
1) Prescriptive period for filing petition for quo
warranto. - Under the Rules of Court, the proceeding of
quo warranto is the proper and appropriate remedy
against public officer or employee for his ouster from
office which should be commenced within one year
after the cause of such ouster or the right of the
plaintiff to hold such position arose.
2) Rationale for the one-year period- The rationale is
that title to public office should not be subjected to
uncertainties but should be determined as speedily as
possible. Consequently, the period runs even
when there is no person as yet appointed to succeed in
the position and even during the pendency of a
motion for reconsideration in the administrative level/
3) Non-compliance of prescriptive period- Exceptional
circumstances attending, however, may justify the non-
application of the prescriptive period enunciated
above in order to grant relief that will serve the ends of
justice. Thus, failure to file quo warranto proceedings
does not operate adversely against a dismissed
government employee where it was the repeated
assurance of responsible government officials which
contributed to the delay on the filing of the complaint
for reinstatement.
D. ACTS OF THE GOVERNMENT R THE PEOPLE
Removal – entails the ouster of an incumbent before
the expiration of his term. It implies that the office
exists after the ouster. Another term used is dismissal
What constitutes removal?
1. Appointment to another office
2. Transfer to another office
3. Demotion- the lowering of position with a lower rate
of compensation is also equivalent to removal if no
cause is shown for it when it is not a part of any
disciplinary action. It is defined as the movement from
one position to another involving the issuance of an
appointment with diminution in duties,
responsibilities, status or rank which may or may not
involve reduction in salary.
4. Reassignment- a reassignment in good faith and in
the interest of the serve is permissible and valid even
with the employee's prior consent. It is defined as the
movement of an employee from organization unit to
another in the department or agency which does not
involve a reduction in rank, status or salary and does
not require the issuance of an appointment.
5. Constructive removal or dismissal – is defined as a
quitting because continued employment is rendered
impossible, unreasonable or unlikely, as when there is
demotion in rank or of pay. It exists when an act of
clear discrimination, insensibility or disdain by an
employer or superior becomes unbearable to the
employee, leaving him with no option but to forego his
continued employment. Hence, the employee is
deemed to have been illegally dismissed. This may
occur although there is no diminution or deduction of
salary. It may be a transfer from one position of dignity
to a more servile or menial job.
Power of removal of the President.
The Constitution contains no provision expressly
vesting in the President the power to remove executive
officials from their posts. Nevertheless, the power is
possessed by him, as it is implied from any of the
following:
 from his power to appoint
 from the nature of the executive power exercised
by the President, the power to remove being
executive in nature
 from the President's duty to execute the laws
 from the President's control of all departments,
bureaus and offices
 from the provision that no officer or employee in
the Civil Service shall be removed or suspended
except for cause provided by law.

Extent of the President's power of removal.
 With respect to non-career officers exercising
purely executive functions whose tenure is not
fixed by law (i.e. members of the Cabinet), the
President may remove them with or without cause
and Congress may not restrict such power.
 With respect to officers exercising quasi-legislative
or quasi-judicial functions.
 With respect to constitutional officers removable
only by means of impeachment and judges of lower
courts, they are not subject to the removal power
of the President.
 With respect to civil service officers, the President
may remove them only for cause as provided by
law
 With respect to any officer or employee holding
temporary, provisional or acting appointments,
the President may remove them at his pleasure
with or without cause.
 With respect to officers holding public offices
created by aw where i9t is provided that they shall
hold office at the pleasure of the President their
replacement is not a removal but a mere expiration
of the terms of office; but with respect to officers
holding public offices created by aw which
authorizes the President to remove officers at
pleasure, the President may remove them only for
cause if they belong to the civil serviced in view of
the requirement of the Constitution
 With respect to those whose appointments were
made on bases other than those of the usual test of
merit and fitness utilized for the career service,
their tenure is co-terminus with that of the
appointing authority or subject to his pleasure.
 With respect to local elective officials, see infra
28

 Grounds for remove or suspension under the
Constitution
Member of Congress – each house may punish its
members for disorderly behaviour 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.
The President, the Vice-President, the Members of the
Supreme Court, the members of the Constitutional
Commissions, and the Ombudsman- they 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.
Member of the judiciary-they shall hold office during
good behaviour until they reach the age of 70 years or
become incapacitated to discharge the duties of their
office.
Civil service officers or employees-they shall not be
removed or suspended except for cause provided by
law.
Grounds for disciplinary action under the Local
Government Code.
 Disloyalty to the Republic of the Philippines
 Culpable violation of the Constitution
 Dishonesty, oppression, misconduct in office and
neglect of duty
 Commission of any offense involving moral
turpitude or an offense punishable by at least
prision mayor.
 Abuse of authority
 Unauthorized absence for fifteen (15) consecutive
working days except in the case of members of the
Sanggunian panlalawigan, Sanggunian
panglunsod, Sanggunian Bayan and Sanggunian
barangay, and
 Application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country
 Such other ground as may be provided in the Codes
and other laws.
Grounds for disciplinary action under the Civil Service
Law
 Dishonesty
 Oppression
 Neglect of duty
 Misconduct
 Disgraceful and immoral conduct
 Being notoriously undesirable
 Discourtesy in the course of official duties
 Inefficiency and incompetence in the performance
of official duties
 Receiving for personal use a fee, or other valuable
thing in the course of official duties or in
connection therewith when such is given by any
person in the hope or expectation of receiving a
favour or better treatment than that accorded
other persons, or committing acts punishable
under the anti-graft laws
 Conviction of a crime involving moral turpitude
 Improper or unauthorized solicitation of
contribution from subordinate employees and by
teachers or school officials from school children
 Violation of existing Civil Service Law and rules or
reasonable office regulations
 Falsification of official documents
 Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent
unauthorized absences from duty during regular
office hours.
 Habitual drunkenness
 Gambling prohibited by aw
 Refusal to perform official duty or render overtime
service
 Disgrace, immoral or dishonest conduct prior to
entering the service
 Physical or mental incapacity or disability due to
immoral or vicious habits
 Borrowing money by superior officers from
subordinates or lending by subordinates to
superior officers
 Lending money at usurious rates of interest
 Wilful failure to pay just debts or wilful failure to
pay taxes due to the government
 Contracting loans of money or other property from
persons with whom the office of the employee
concerned has business relations
 Pursuit of private business, vocation or profession
without the permission required by Civil Service
rules and regulations
 Insubordination
 Engaging, directly or indirectly, in partisan
political activities by one holding non-political
office
 Conduct prejudicial to the best interest of the
service
 lobbying for personal interest or gain in legislative
halls and offices without authority
 Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or
public welfare purposes and even in the latter
cases if there is no prior authority
 Nepotism
Nepotism.
The Civil Service Decree prohibits all appointments in
the national and local governments or any branch or
instrumentality thereof, including government-owned
29
or controlled corporations, made in favour of a relative
of the:
 appointing authority
 recommending authority
 chief o the bureau or office
 person exercising immediate supervision over
the appointee
The following are exempted from the operation of the
rule of nepotism:
 persons employed in a confidential capacity
 teachers
 physicians
 member of the Armed Forces of the
Philippines
Grounds for disciplinary action under the Code of
Conduct and Ethical Standards
 Directly or indirectly having financial and material
interest in any transaction requiring the approval
of his office
 owning, controlling, managing or accepting
employment as officer, employee, consultant,
counsel, broker, agent, trustee, or nominee in any
private enterprise regulated, supervised or
licenses by his office, unless expressly allowed by
law
 engaging in the private practice of his profession
unless authorized by the Constitution, law or
regulation, provided that such practice will not
conflict or tend to conflict with his official
functions
 recommending any person to any position in a
private enterprise which has a regular or pending
official transaction with hi \s office, unless such
recommendation or referral is mandated by :
A. law
B. international agreements,
C. commitment and obligation
 disclosing or misusing confidential or classified
information officially known to him by reason of
his office and not made available to the public, to
further his private interests or give advantage to
anyone, or to prejudice the public interest
 soliciting or accepting, directly or indirectly, any
gift, gratuity, favour, entertainment, loan or
anything of monetary value which in the course of
his official duties or in connection with any
operation being regulated by or any transaction
which may be affected by the functions of his office
 obtaining or using any statement filed under the
Code for any purpose contrary to morals or public
policy or any commercial purpose other than by
news and communications media for
dissemination to the general public
 unfair discrimination in rendering public service
due to party affiliation or preference
 disloyalty to the Republic of the Philippines and to
the Filipino people
 failure to act promptly on letters and request
within fifteen (15) days from receipt, except as
otherwise provided in the Implementing Rules
 failure to process documents and compete action
on documents and papers within a reasonable time
from preparation thereof, except as otherwise
provided in the Implementing Rues
 failure to attend to anyone who wants to avail
himself of the services of the office or to act
promptly and expeditiously on public personal
transactions
 failure to file swoon statements of assets, liabilities
and net worth, and disclosure of business interests
and financial connections
 failure to resign from his position in the private
business enterprise with thirty (30) days from
assumption of public office when conflict of
interest arises, and/or failure to divest himself of
his shareholding or interests in private business
enterprise within sixty (60) days from such
assumption of public office when conflict of
interest arises.
Administrative investigation of elective local officials
Form and filing of administrative complaints. A
verified complaint against local elective officials 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
municipality shall be filed before the Sanggunian
Panlalawigan whose decision may be appealed to the
Office of the President
C. a complaint against any elective barangay official
shall be filed before the Sanggunian Panlungsod or
Sanggunian Bayan whose decision shall be final and
executory
Notice of hearing
Preventive suspension- it may be imposed:
A. by the President, if the respondent is an elective
official of a province, a highly urbanized city or an
independent component city
B. by the governor, if the respondent is an elective
official of a component city or municipality
C. by the mayor, if the respondent is an elective official
of the barangay
Salary of the respondent pending suspension
rights of respondent
form and notice of decision
administrative appeals – decisions in admin cases may
within thirty (30) days from receipt thereof, be
appealed to the following:
a. Sanggunian panlalawigan, in the case of decisions of
the Sanggunian panlungsod of component cities and
the Sanggunian Bayan
30
B. the Office of the President in the case of decisions of Duration of the case is due to the fault, neglect or
the Sanggunian panlalawigan and the Sanggunian  automatic reinstatement request of the respondent, the time of the delay shall
panlungsod of highly urbanized cities and independent  salary of respondent pending suspension not be counted in computing the period of
component cities  formal investigation suspension herein provided.
execution pending appeal  termination of final investigation 3) Administrative investigation – In any local
 rendition of decision government unit, administrative investigation may be
The provisions of AO 23 are given below:  finality of decision conducted by a person or committee duly authorized
how initiated  execution pending appeal by the local chief executive. Said person or committee
where complaint filed  penalty shall conduct hearings on the cases brought against
A copy of the complaint shall be furnished to each of the appointive local officials and employees and submit
 suspension
following: their findings and recommendations to the local chief
 removal
A. the office of the Governor in the case of component executive concerned within fifteen (15) days from the
 executive clemency
cities conclusion of the hearings. The administrative cases
B. the Metropolitan Manila Authority in the case of herein mentioned shall be decided within ninety (90)
Disciplinary action against appointive local officials
cities and municipalities in Metro Manila days from the time the respondent is formally notified
and employees.
C. the DILG in all cases of the charges.
Notice 4) Disciplinary jurisdiction – Except as otherwise
1) Administrative discipline – Investigation and
Where answer filed provided by law, the local chief executive may impose
adjudication of administrative complaints against
A copy of the answer shall be furnished to each of the the penalty of removal from service, demotion in rank,
appointive local officials and employees as well as their
following: suspension for not more than one (1) year without any
suspension and removal shall be in accordance with
A. the complainant pay, fine in an amount not exceeding six (6) months'
the civil service law and rules and other pertinent laws.
B. the office of the Governor in the case of component salary, or reprimand and otherwise discipline
The results of such administrative investigations shall
cities subordinate officials and employees under his
be reported to the Civil Service Commission.
C. the Metropolitan Manila Authority in the case of jurisdiction.
cities and municipalities in Metropolitan Manila 5) Execution pending appeal – An appeal shall not
2) Preventive Suspension.
d. DILG in all cases prevent the execution of a decision of removal or
(a) The local chief executives may preventively
commencement of preliminary investigation suspension of a respondent-appellant. In case the
suspend for a period not exceeding sixty (60) days any
evaluation respondent-appellant is exonerated, he shall be
subordinate official or employee under his authority
dismissal motu proprio reinstated to his position with all the rights and
pending investigation if the charge against such
90-day ban privileges appurtenant thereto from the time he had
official or employee involves dishonesty, oppression or
power to suspend- preventive suspension may be been deprived thereof.
grave misconduct or neglect in the performance of
imposed by the Disciplining Authority in cases where
duty, or if there is reason to believe that the respondent
the respondent is an elective officials of the following Disciplinary jurisdiction of the Civil Service
is guilty of the charges which would warrant his
LGUs: Commission.
removal from the service.
A. provinces 1) Scope- The Civil Service Commission has
(b) Upon expiration of the preventive suspension, the
B. highly urbanized cities jurisdiction over all employees of Government
suspended official or employee shall be automatically
C. independent component cities branches, subdivisions, instrumentalities, and agencies
reinstated in office without prejudice to the
D. cities or municipalities in Metropolitan Manila including government owned or controlled
continuation of the administrative proceedings against
90-day ban corporations with original charters. As the Commission
him until its termination. If the delay in the proceedings
Grounds on Elections is the “sole judge” of call election cases and
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the Commission on Audit, with respect to government 7) Power to terminate employment; academic freedom
accounts, the Civil Service Commission is the single of institutions of higher learning. - As corporate 1. Power and Function
arbiter of all controversies pertaining to civil service entities, educational institutions of higher learning are 2. Appellate jurisdiction of the Civil Service
positions in the government service, whether career or inherently endowed with the right to establish their Commission
non-career. policies, academic and otherwise, unhampered by
external controls more pressure. PREVENTIVE SUSPENSION
2) Appellate jurisdiction over administrative 1. Kinds
disciplinary cases – The CSC shall decide upon appeal *skipped these parts. Not enough time.* a. Preventive suspension pending investigation
all administrative disciplinary cases involving the Appeal by “party adversely affected by the decision.” b. Preventive suspension pending appeal
imposition of a penalty of suspension for more than Withdrawal of complaint against respondent.
thirty (30) days, or fine in an amount exceeding thirty Cessation from office of respondent. 2. Preventive suspension pending investigation
(30) days' salary, demotion in rank or salary or Procedure in administrative cases against non-
transfer, removal or dismissal from office. Presidential appointees. 3. Right to compensation where employee is
exonerated
3) Jurisdiction of heads of departments, agencies and APPEAL TO THE PRESIDENT 4. Preventive suspension pending appeal
instrumentalities. - The heads of departments, agencies 1. Period to Appeal 5. Suspension from office under section 13 of RA No.
and instrumentalities, provinces, cities and 2. Appeal, how taken 3019
municipalities shall have jurisdiction to investigate and 3. Appeal fee 6. Pre-condition for suspension
decide matters involving disciplinary action against 4. Transmittal of record 7. Duration of suspension
officers and employees under their jurisdiction. 5. Perfection of Appeal 8. In the case of members of the Philippine National
6. Period to file appeal memorandum Police
4) Investigation by a regional director or similar official 7. Appeal Memorandum 9. In the case of local elective officials
– An investigation may be entrusted to a regional 8. Non-compliance with requirements 10. In the case of presidential appointees and other
director or similar officials who shall make the 9. Stay of execution elective officials
necessary report and recommendation to the chief or 10. Action to appeal 11. Where suspension imposed by Ombudsman
bureau or office or department within the period. 11. Comment 12. Prior notice and hearing not required
12. Submission of resolution 13. Members of Congress covered by RA No. 3019
5) Execution of decision pending appeal - An appeal 13. Memorandum decision
shall not stop the decision from being executory in case 14. Finality of decision SUSPENSION AND REMOVAL DISTINGUISHED
the penalty is suspension or removal the respondent 15. Executory nature of decision 1. As to duration
shall be considered as having been under preventive 16. Withdrawal of Appeal 2. As to nature
suspension during the pendency of the appeal in the 17. Delegation of Authority 3. As to time of imposition
event he wins an appeal. 18. Limitation of appeals
19. Application of Rules of Court SCHEDULE OF ADMINISTRATIVE PENALTIES
6) Reconsideration of a final and executory decision
not allowed – The CSC has no power or authority to MERIT SYSTEM PROTECTION BOARD A. PENALTIES FOR GRAVE OFFENSES
reconsider its decision which has become final and Composition: 1. Dismissal
executory even if the Commission later discovers that 1. Commissioner a. Dishonesty
its judgment is erroneous. 2. Two Associated Commissioner b. Gross neglect of duty
c. Grave misconduct
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d. Being notoriously undesirable
e. Conviction of a crime involving moral turpitude
f. Falsification of official documents
g. Physical or mental incapacity or disability due to
vicious habits
h. Engaging, directly or indirectly, in partisan political
activities by one holding non-political office
I. Receiving for personal use of a fee, gift or other
valuable thing
j. Contracting loans of money or other property from
persons with whom the office of the employee has
business relations
k. Soliciting or accepting directly or indirectly, any gift,
gratuity, favour, entertainment, loan or anything of
monetary value
l. Disloyalty to the Republic of the Philippine and to the
Filipino people
2. Suspension from six months and one day to one year
for the first offense and dismissal for the second
offense.
a. Oppression
b. Disgraceful and immoral conduct
c. Inefficiency and incompetence in the performance of
official duties
d. Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized
absences from duty during office hours
e. Refusal to perform official duty
f. Gross insubordination
g. Conduct grossly prejudicial to the best interest of the
service
h. Directly or indirectly having financial and material
interest in any transaction requiring the approval of his
office
I. Owning, controlling, managing or accepting
employment as officer, employee, consultant, counsel,
broker, agent, trustee, etc.
j. Engaging in the private practice of his profession
unless authorized by the Constitution
k. Disclosing or misusing confidential or classified
information officially known to him
l. Obtaining or using any statements filed under the
Code of Conduct and Ethical Standards
B. Penalties for Less Grave Offenses
1. Suspension from one month and one day to six
months for the first offense and dismissal for the
second offense.
a. Simple neglect of duty
b. Simple misconduct
c. Gross discourtesy in the course of official duties
d. Gross violation of existing Civil Service Law and rules
of serious nature
e. Insubordination
f. Habitual drunkenness
g. Nepotism
h. Recommending any person to any position in private
enterprise which has a regular or pending official
transactions with his office
I. Unfair discrimination
j. Failure to file sworn statements of assets, liabilities
and net worth
k. Failure to resign from his position in the private
business enterprise within 30 days from assumption of
public office
C. PENALTIES FOR LIGHT OFFENSES
1. Reprimand for the first offense, suspension from one
day to thirty days for the second offense, and dismissal
for the third offense
a. Neglect of Duty
b. Discourtesy in the course of official duties
c. Improper or unauthorized solicitation of
contributions from subordinate employees
d. Violation of reasonable office rules and
regulations
e. Gambling prohibited by law
f. Refusal to render overtime service
g. Disgraceful, immoral or dishonest conduct
prior to entering the service
h. Borrowing money by superior officers from
subordinates
I. Lending money at usurious rate of interest
j. wilful failure to pay just debts or wilful
failure to pay taxes due the government
k. Pursuit of private business, vocation or
profession without permission required by Civil
Service rule and regulations
l. Lobbying for personal interest or gain in
legislative halls and offices without authority
m. Promoting the sale of tickets in behalf of
private enterprise
n. Failure to act promptly on letters and
requests within 15 days from receipt
o. Failure to process documents and complete
action on documents and papers within a
reasonable time
p. Failure to attend to anyone who wants to
avail himself of the services of the offices
D. PENALTIES AND DETERMINATION OF PENALTIES
1. For offenses under Presidential Decree No.
807
2. For offenses under RA No. 6713
3. In determination of penalties to be imposed,
mitigating and aggravating circumstances may be
considered
E. ACCESSORY PENALTIES
1. The penalty of dismissal shall carry with-it
that of cancellation of eligibility, forfeiture of leave
credits and the retirement benefits, and the
disqualification s for re-employment in the
government service.
33
 2. The penalty of forced resignation shall carry
with it that of forfeiture of leave credits and retirement
benefits, and the disqualification for employment in the
government service for a period of one year.
3. The accessory penalties can still be imposed
on a government official notwithstanding the
impossibility of affecting the principal penalty of
dismissal because of his earlier removal from office.
F. REMOVAL OF ADMINISTRATIVE PENALTIES OR
DISABILLITIES
The Sandiganbayan
1. Cases subject to its jurisdiction
2. Officials and private individuals subject to its
jurisdiction
3. Jurisdiction of ordinary courts
The Ombudman
1. Power, functions, and duties of the Ombudsman
2. Officials subject to Ombudsman disciplinary
authority
By Impeachment
1. Impeachable officials
2. Power to initiate and to try impeachment cases
Meaning and purposes of impeachment
1. Impeachment has been defined as a method of
national inquest into the conduct of public men
2. Its purpose is to protect the people from official
delinquencies or malfeasance\
By abolition of office
1. Authority with power to abolish 4. Effectivity of recall
2. Abolition of office even during term of incumbent 5. Probation from resignation
6. Limitation on recall
What Constitute abolition
Removal from office and termination by abolition of an
office distinguished
Abolition must not constitute removal without cause
1. Right to public office not absolute
2. where abolition done in bad faith
3. Requisites of valid abolition
4. Instances of valid abolition
Termination through reorganization
1. Based on a valid purpose and done in good faith
2. Instances of invalid reorganization
By conviction of a crime
What constitutes conviction?
Effects of pardon
By recall
Purpose and nature of the power of recall
1. Effective speedy remedy for removal
2. Political in nature involving exercise of judicial
functions
3. Essentially the power of removal exercised by the
people themselves
Recall of local elective officials
1. By whom exercised
2. Initiation of the recall process
3. Election on recall
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