PP v De Venecia

• V, civil service employee, was charged w/ electioneering, etc → swayed voters to vote for a
candidate
• Court dismissed on MTQ – Revised Election Code repealed by Civil Service Law (at the time)
• SC: NO. new law did NOT repeal → Sec 54 of REC prohibits aiding a candidate while the CSL
Sec. 29 allows classified CS employee to express political views and even name candidate he
favors EVEN IF SUCH results in aiding the candidate (labo lol parang circumvention)
• HOWEVER: V still aided the candidate in handing out and distributing leaflets for the
candidate

CH 5/6 – Class Notes

Lawful removal/dismissal - no reinstatement
• Can’t be removed without cause → CSL provides for grounds (Sir says around 30 grounds
ata)
◦ Code of Conduct, Ethical Standards
• Due Process – jurisprudence
Unlawful dismissal – reinstate + backwages up to 5 years
• W/o cause + no DP
• Loss of confidence = not a ground for termination of CS Employees –> ALSO not removal;
just “expiration”
Preventive Suspension (Gloria v CA)
• Pending Investigation - no backwages during the 90d preventive suspension ==> Has a legal
basis (CS Law)
◦ even if exonerated, no backwages
• Pending Appeal – entitled to backwages past the 90d ==> punitive in nature, no longer to just
prevent undue influence, etc
◦ entitled as well because if you win the appeal → the suspension becomes unlawful for going
past the 90d maximum for suspension
• Pardon after conviction (Monsanto v Factoran) – stain stays
◦ IF restored to civil/political rights → you can reapply for the position again
◦ Concurring Opinion of Padilla - “restoration of the right to hold public office to
one who has lost such right by reason of conviction in a criminal case, but
subsequently pardoned, cannot be left to inference, no matter how intensely
arguable, but must be stated in express, explicit, positive and specific
language.”

◦ “Restored to Civil/Political Rights” - substantial compliance (accdg to Risos-Vidal)

◦ EXC to power of President to Pardon
◦ (1) impeachment cases;
◦ (2) cases that have not yet resulted in a final conviction; and
◦ (3) cases involving violations of election laws, rules and regulations in which
there was no favorable recommendation coming from the COMELEC → If convicted
for violation of election laws, needs a favorable recommendation from COMELEC for
President to pardon

CH 6 – Disabilities/Inhibitions
Sources – Consti, CS Law, LGC, etc

Congress
• Can’t appear as counsel in court of justice, Electoral Tribunal, etc (SIR: Can appear as witness,
as amicus, etc)
• Can’t intervene for pecuniary benefit (SIR: Can intervene for justice, to protect marginalized
sector, etc)
◦ OR where he may be called upon to act on account of his office/give his vote as member of
Congress

Partisan Political Activities

• Elective Officials can participate in Political activities because that is their business

Appointment of Elective Officials

• Can’t be appointed during TENURE (NOT TERM)
◦ meaning: They can resign their seat and accept the appointment

Holding of appointive official of other positions

• Authorized by law
• Allowed by Primary functions of his office (no need for a law)

Acceptance of gifts from foreign government

• Needs consent of Congress

Double Compensation
• Not allowed,
• pensions/gratuities are not counted as double compensation

AFP prohibited appointment to certain positions

• Supremacy of Civilian over Military

Loan, Guaranty, Financial Accommodation

• can’t be granted to Pres, VP, etc
• ONLY FOR BUSINESS PURPOSE

LGC Prohibitions
Chief Executive cannot exercise other profession/occupation – SIR: What if Mayor wants to act in
a movie? → No decided jurisprudence on the matter; can argue both sides

CB Governor/Personnel
 • Governor and MB Members – need to render full time service

Conflict of Interest
• Either Resign OR Divest
◦ Resign - w/in 30d from assumption to office
◦ Divest – divest of SH/interest w/in 60d from assumption to office
▪ transfer of property/title/assets TO Person other than spouse or relative (w/in 4th civil
degree, including bilas, inso, balae)
• Bilas - co-brother-in-law. the husband of one's wife's sister. the husband of one's
husband's sister
• Inso - appellation for the wife of an elder brother or male cousin
• Balae - parents and parents-in-law relationship (term of reference), a parent of one's
son or daughter-in-law
• BUT IF CONFLICT CONDITIONS CONCUR → Mandatory to divest EVEN IF already
resigned

CHAPTER 7 Liabilities of PO
Official Immunity – Acts of PO w/in scope of their authority and w/o malice/gross negligence
amounting to Bad Faith = protected acts

Liability co-extensive with duty

• If PO’s duty is to Public in general – Individual can’t hold them personally liable
• If PO’s duty is to an individual to a degree – can be held personally liable

3 fold liability rule – admin, civil, criminal

• Independently proceed
◦ EXC: Larin case → the administrative case was filed based on the criminal case conviction
w/ SB → Later on was acquitted; since the administrative case was based on the same acts =
the admin case was also dismissed
• Purpose of liability is also different for each

President’s liability
• PH Jurisprudence – while in office, cannot be sued
• Department Heads, etc → Alter ego so protected until their acts are disapproved

Reyes v Rural Bank 424 scra 135

Tabuena v SB 268 scra 332