You are on page 1of 68

LAW ON PUBLIC OFFICERS

I. Definition
What is an OFFICE - position or function by virtue of which a person has some employment in the affairs of another, whether the incumbent is selected by appointment or by election, or whether he is appointed during the pleasure of the appointing power or for a fixed term What is a PUBLIC OFFICE - right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions (executive, legislative, judicial) of the government, to be exercised by him for the benefit of the public (Mechem) - charge, station, or employment conferred by appointment or election by a government - Public Office v. Public Employment Scope Nature of the Office Powers PUBLIC OFFICE Is a public employment Created by law Delegation of sovereign functions to be exercised by him for the benefit of the public PUBLIC EMPLOYMENT Not all PE is an office Lacks one or more of the elements FOR bureaus, agencies, offices in the executive dept BEC of -Power of Control which may justify him to inactivate the functions of a particular office -Certain laws may grant him the broad authority to carry out Reorganization measures, e.g. Administrative Code (Bk. III, Sec. 31) President with continuing authority to reorganize the administrative structure of the Office of the President subject to the policy of the Executive Office and in order to achieve simplicity, economy, and efficiency Scope of Power to Create: Power to Modify and Abolish - GR: Power to create an office generally includes the power to modify or abolish it (Buklod ng Kawaning EIIB v. Zamora) to fix the number of positions and the salaries - E: Power is Limited by Constitution Offices created by Congress, latter may control, modify, abolish it whenever necessary, expedient, conducive to the public good BEC No obligation or necessity to continue a useless office UNLESS Prohibited by the Constitution Office is Created by Constitution Constitutional offices may be modified, abolished by the people thru a constitutional provision THUS beyond the power of Congress to alter, discontinue BUT mere mention of the office in the Constitution does not confer constitutional status by itself 2) POWER: Invested with an authority to exercise some portion of the sovereign power of the State to be exercised for public interest >> Most Impt

Responsibili ties - ESSENTIAL ELEMENTS OF A PUBLIC OFFICE 1) CREATION: -Constitution or ABOLITION -Law -Some body, agency to which the power to create the office has been delegated GR: E: Inherently Legislative function that is supreme Constitution President

What: Executive, Legislative, Judicial Power THUS It is the DUTIES of his office which make him a public officer, NOT the Extent of his authority Immaterial then is the fact that his authority is confined to narrow limits

Importance:

PRESUMPTION OF REGULARITY of Official Acts Absent clear and convincing proof, the bare allegation that a public officer acted with malice cannot be sustained BEC The law tells the official what his duties are and that he discharged these duties accordingly

3) CONFERRED: Powers and Functions are defined By the Constitution, Law, Legislative authority 4) INDEPENDENCE: The duties pertaining thereto are performed independently, without control of a superior power other than law, unless the are those of an inferior, subordinate officer 5) CONTINUITY: Continuing and Permanent in Nature, and Not Occasional or Intermittent Tenure of Office IMMATERIAL Absence of a definite tenure does not preclude a position from constituting a public office BEC Tenure need not be for a fixed period BUT may be at the pleasure of the appointing power Continuance of Office Holder IMMATERIAL Continuance, that the duties attached to the position continue though the office holder be changed, is not indispensable Permanence of Office IMMATERIAL Immaterial whether office expires as soon as the series of/act be done, or held for years, or during good behavior IF the other elements are present BUT something more permanent than a single transaction or transitory act is commonly required * Not Compensation OFFICER In General - Someone inseparably connected with an office PUBLIC OFFICER - One who holds a public office - Such an officer as is required by law to be elected PUBLIC OFFICIAL - Officer of the Gov’t itself, as opposed to officers and ees of gov’t instrumentaliti es - Those whose duly PUBLIC EMPLOYEE - Any person in the service of the government, any of its agencies, divisions, subds, instrumentaliti In Relation To (Officers )

or authorized es appointed, acts are those who has a of the gov’t designatio itself n or title given to him by law, and who exercises functions concerning the public, assigned to him by law - In relation to a “Clerk”, he is a person whose duties, not being of a clerical or manual nature, involves the exercise of discretion in the performance of the functions of government In relation to a person having authority to do a particular act, it includes any government ee having authority to do such act In relation to an “Employee” in laws of public officer, he: - Has greater importance, dignity, independence of his position - Required to take an official oath and official bond - Liable to account as a public offender for misfeasance or nonfeasance in office - Includes subordinate positions with a degree of responsibility for results In relation to an “Employee” under the RPC, there is effectively no distinction as the RPC penalizes any person who, by direct provision of law, popular election, or appointment by competent authority, takes part in the performance of public functions in the gov’t

II. Nature and Purpose of a Public Office: PUBLIC TRUST
- BASIS: Art. XI.I, Constitution

Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives. Code of Conduct and Ethical Standards (R.A. No. 6713, Sec. 2) Every public servant shall at all times uphold public interest over his personal interest IMPLICATIONS: Held in trust for the benefit of the people - Held in trust for the people and are to be exercised in behalf of all citizens - Created for effecting the end for which government has been instituted, which is the common good (benefit of the people), and NOT for the profit, honor, or private interest of any person - Servants of the people, not their rulers - Not a right (natural, property, contract), BUT a Responsibility and Privilege NOT A NATURAL RIGHT Right to public office exists only because and by virtue of some law expressly or impliedly creating and conferring it Right of eligibility to offices is not so secured, existing, where it exists at all, only because and by virtue of some law expressly or impliedly creating and conferring it NOT A PROPERTY RIGHT GENERAL RULE: Not property right entitled to protection within the meaning and contemplation of the due process requirements of the Constitution No vested right or proprietary claim to public office THUS no violation of due process by abolition of office before expiration of term, removal or suspension accdg to law EXCEPTION: Entitled to Protection as property within the meaning of due process: 1) Better Right - in controversies relating to the question

as to which of two persons is entitled thereto 2) Security of Tenure - Personal, thus cannot be inherited NOT A CONTRACTUAL RIGHT Incumbent is not under contract so as to withdraw his tenure, salary, and the like from the control of the legislature, or to preclude the legislature from abolishing the office NOT A CONSTITUTIONAL RIGHT - No const’l right to run for office or hold elected office - RATHER, it is a POLITICAL PRIVILEGE which depends upon the favor of the people, which thus may be coupled with REASONABLE CONDITIONS for the public good - EFFECT: He must thus comply with REASONABLE, LAWFUL, NON-DISCRIMINATORY TERMS laid down by law Creation Object PUBLIC OFFICE As an incident of sovereignty To carry our sovereign functions affecting persons not bound by contract With tenure, duration, and continuity (and permanence of duties) which do not depend on contract PUBLIC CONTRACT Will of the parties Obligations only upon the parties Limited in duration and Specific in its objects; Terms define and limit the rights and obligations

Subject Matter / Scope

- THUS a very delicate position WHERE he occupies office to render service to the people and not as a means to promote his personal interest THUS continues only as long as his ability to advance public ends and contribute to public welfare

III.

Classification of Public Officers

1) NATURE OF FUNCTIONS a. Civil Officer - any kind of public office (LEJ) b. Military Officer – all offices in the armed forces which solely involve military functions 2) CREATION a. Constitutional Officer – created by the Consti

disqualified to be elected to an office . iii.performs MINISTERIAL ACTS. De Jure b.determined by Constitution and Congress . a person who is ineligible or unqualified gives him no right to hold the office 1. Office coupled with an Interest – offices to which salary. Judicial – adjudication of actual justiciable controversies and interpretation of laws 4) BRANCH OF GOVT SERVED a.state or quality of being legally fitted or qualified to be chosen .Effect of Removal of Disqualifications after commencement of and during term DEPENDS INELIGIBILITY .continuing nature and must exist both at the commencement and during the occupancy of an office ELIGIBLE .disqualified to hold an officer .Continuing reqt even if commencement disputable (depends of language) ELIGIBILITY . Quasi-Judicial Officer – any office other than courts of justice whose officers are charged with functions that require the exercise of discretion. fees are attached b. Effect: Incumbent continues in office in hold-over capacity (Ignacio) DISQUALIFICATION VI. Successes. if elected or appointed to it . Unqualified person cannot be appointed even in an acting capacity (Ignacio v. Achievements as an individual 2) the act which a person is reqd to do by law before entering upon the performance of his duties ~ Technical def . Qualities. Importance: The requirements for holding office are: i. Local Officer – any office in the political subd of the Ph 5) DISCRETION – depends on general nature and scope of duties a. compensation. in a prescribed manner. ii. DEFINITIONS QUALIFICATION Two senses: 1) endowment or accomplishment that fits one for office ~ Credentials.legally or otherwise disqualified to hold an office .he who is legally fitted or qualified to hold an office . Lucrative Office.disqualified to hold an office.not necessarily handling of money. Banate) 2. central govt b. experience. OTHERWISE. Office of Profit. Ministerial Officer – any office whose officers are charged with the duty to execute the mandates lawfully issued by their superior . Legislative – enactment of laws b.person who obtains a passing grade in a civil service examination or is granted a civil service eligibility and whose name is entered in the register of eligibles . without regard to or the exercise of his own judgment upon the propriety of the act being done 6) COMPENSATION a.lack of the qualifications prescribed by the Constitution.none is attached 7) LEGALITY a. judgment.involved exercise of discretion. Must be eligible Must possess the qualifications prescribed by the Constitution and Law INELIGIBLE . judgment OFFICE OF TRUST . Executive – execution of laws c. De Facto b. skill . in obedience to the mandate of legal authority. Honorary .has no power to judge the matter to be done and must obey some superior . property b. those which a person performs in a given state of facts. Eligibility and Qualifications V.taking of oath.determined by Constitution and Congress .Statutory Officer – created by statute and over which Congress has full control 3) DEPARTMENT OF GOVT TO WHICH IT BELONGS a. applicable law for holding public office IV. giving bond . National Officer – any office in the national.

E: Congress cannot add disquali where the Consti has provided them in such a way as to indicate an intention that the disquals provided shall embrace all that are to be permitted ~ Intent to be exclusive 1. INDUCTION TO OFFICE ~ THIS IS CRUCIAL 1. LIMIT: Does not impinge upon any express provision of the Constitution iii. QUALI PRESCRIBED BY CONSTI 1. then at the commencement of the term 3. rather than to eligibility to office. GR: Congress has the same right to provide disquali in the absence of const’l inhibition ii. Example: LGC.b. Consti. 2: Depends on i. e. apptd THUS must be qualified at the TIME OF THE COMMENCEMENT OF TERM. Time at which it is removed c. OFFICES CREATED BY CONGRESS 1. It must not be too detailed as to practically amount to making an appt. WHEN MUST QUALIFICATIONS BE POSSESSED: Depends on Language used i. not of being elected. Congress cannot remove such disquals under the power to prescribe quali as to such offices as it may create 2. It does not exceed its const’l powers and not inconsistent with consti 2.. Congress can provide for quali and disquali 2. EFFECT OF REMOVAL OF DISQUALIFICATIONS 1. not “candidates” thus required only at the start of term and not at election iii. Rule 1: “Eligible” in Consti. and not legislative ii. . Rilloraza) d. i. such const’l criteria are exclusive 2.g. General Principles : Congress empowered to prescribe qualifications for holding public office PROVIDED: 1. Nature of disqualification ii. WHO PRESCRIBES QUALIFICATIONS: CONGRESS! But in varying degrees. Laws refers to capacity of HOLDING OFFICE. Sec. the same is not sufficient if he ceases to be qualified: 1. which is an executive function. Terms used 1. Law SILENT: Recourse to other means to determine the matter ~ Language. Rule 3: Whether qualified at election/appt. Law SPECIFIES: Then at the time specified ii. Rule 2: If provision refers to holding of office. E: Consti gives it power to set qualifications expressly or impliedly iv. Rationale: Qualifications cannot be erased by the electorate alone BEC presumed that they believed the candidate to be qualified iv. APPT 2. 39 on “Qualifications of Elective Officials”. 1: Removal validates the title 2. GR: Not self-executing BEC merely announcements of a general principle clearly requiring legislation for their enforcement WHO PRESCRIBES DISQUALIFICATIONS: CONGRESS! i. Mode of removing it iii.. Effect: Two views 1. Other View: At time of ELECTION. at the time of the commencement of the term and 2. OFFICES CREATED BY CONSTI 1. GR: If Consti prescribes specific eligibility reqts for a particular const’l office. during the continuance of the incumbency 4. When: At the commencement of and during the continuance of the term 2. It must have a rational basis ~ rational nexis b/w the reqts and duties 3. Consti. Method of appt of a SC Justice provided by the Consti is mandatory and binding (Vargas v.

SUFFRAGE ~ Connected to Citizenship ret i. VP SENATORS HOUSE OF REPS NBC GR: RV in district E: Party- RW . WHY: The more education an individual has. Commission on Appts i. Elements 1. POLITICAL AFFILIATION ~ e. RESIDENCE ~ to know problems of community i. Personal presence in that place 3. LITERACY / ABILITY TO READ AND WRITE i. then it is a matter of construction BEC construed to be qualified even if not registered as “qualified voter” i. “qualified elector”. EDUCATION i. “qualified voter”. “elector”. to be freely exercised accdg to his judgment. WHY: Gov’t is instituted by the citizens for their liberty and protection and is to be administered only by them and thru their agency ~ BEC it involves the performance of SOVEREIGN FXNS requiring loyalty to the state g.e. WHEN REQD: When they reasonably relate to the specialized demands of an office k. AGE i. Conduct indicative of such intention j. Why: Strong public policy to favor the right of voters to exercise their choice ~ Always presume the positive ii. WHY: Public Policy ~ Experience and Wisdom come with age h. IF law uses “voter”. E: Privilege is extended to them by statute xi. only electors are eligible E: WHEN Age qualification is below the minimum voting age reqts. E: Excluded by some legal disqualifications 2.certification of a person by the CSC as a civil service eligible does not amount to an appt to any position. GR: Aliens are not eligible to public office x. WHY: Not constitutionally prohibited BEC Reasonable relationship with duties of the position l. GR: If law is silent. Strict construction against ineligibility WHEN TO QUESTION POSSESSION OF QUALIFICATIONS: ALWAYS ~ Ineligibility is always subject to question i. nor does it insure appt. Presumption in favor of eligibility 1. WHY: To insure merit and fitness to perform the duties and assume the responsibilities of the positions ii. as to who is best qualified among those eligible VII. the better and more effective public officer he will be ii. CIVIL SERVICE EXAMINATION i. Example: First and Second Levels of the Career Service CITIZE N-SHIP naturalborn citizen NBC VOTER REG Registere d Voter RV LITERAC Y Read and Write RW RESIDEN CY 10y Ph resident preceding election 2y Ph resident preceding election 1y District resident preceding AGE 40 at electio n 35 at electio n 25 at electio n OTHERS ii. GR: All persons are normally considered qualified for public office THUS Majority Age does not necessarily qualify him ii. GR: Proscribed BEC form of political expression ii. Intention to reside in a fixed place 2. CONSTRUCTION OF RESTRICTIONS ON ELIGIBILITY i.g. No estoppel (Castaneda v. Effect of CERTIFICATION . Scope: “Residence” is “Domicile” ii. (EL CASPER)8 CITIZENSHIP ix. E: Compelling state interest m. Yap) f. Who: One who has been elected/apptd to public office 1. Particular Formal Qualifications VIII. PRESIDENT. persons not electors may be appointed or elected to office if not excluded by some constitutional or legal disqualification 1. GR: All persons are normally and equally eligible to public office 2. as the apptg power has the right of choice.

Particular Disqualifications XIV. and 2.. NOW: No longer in the 1987 Admin Code ~ THUS Deemed repealed ii.practice . PHYSICAL INCAPACITY xv. COLLEGIAT E COURTS) NBC election 40 at appt proven competence. Maquera v. 2: UNCONSTITUTIONAL BEC Invidious discrimination against non-landowners WITHOUT rational connection b/w qualifications for administering public affairs and ownership of real property 1. Prohibited Qualifications MENTAL. BUT At no time shall all belong to same profession lameduck recognized probity and independenc e Ph Bar with 10y . independenc e. He possesses the other qualifications imposed by law 2. COMELEC NBC 35 at appt COA NBC 35 at appt OMBUDSMA N NBC 40 at appt XIII. There is no provision of law excluding him from the office because of his blindness . WHY: Unconstitutional invasion of freedom of belief and religion PROPERTY QUALIFICATIONS – TWO VIEWS: i. the essence and nature of the republican system ordained in our Constitution where sovereignty resides in the people. RE: BLIND PERSON: Eligible if 1. Borra: Unconstitutional (reqt of surety bond) BEC Property qualifications are inconsistent with. probity 15y practice of law in Ph proven capacity for public administratio n not candidates for any elective position in the immediately preceding elections college degree lame duck majority and Chairman must be members of the Bar with 10y practice CPA with 10y auditing experience. CHR NBC XII. the principles of Social Justice guaranteeing equal opportunity for all. OR Lawyers with 10y practice. OLD RULE in Pamil v. 1: CAN BE CONSTITUTIONAL BEC Prohibited only to offices provided for in the Constitution THUS Allowed in offices created by Congress ii. WHAT: One demanding the avowal or repudiation of certain religious beliefs before the performance of any act 1. Sec.sat as judge lameduck Majority members of Ph Bar n. 2175 against ecclesiastics in municipal officers is CONSTITUTIONAL (BUT only because insufficient votes to declare otherwise) 2. rich and poor alike o. 1. CSC NBC 35 at appt RELIGIOUS QUALIFICATIONS / RELIGIOUS TEST i. Teleron: Prohibition in RAC (1917).. integrity. WHY NOT IDIOT: Incapable of accepting and holding public office iii.list Rep JUSTICES (SC.

OMB ii. IN GOVT: Senator. immoral conduct. HR (3). Suspension include acts that would disqualify him also BUT Is mere removal. Appointive officials. any pecuniary benefit by virtue of their dual position-holding ii. Bribery 4. SUSPENSION FROM OFFICE i. HR. Omb 2. Omb CONSECUTIVE TERMS i. u. appt for new term of the same office 2. Treason 3. THEN Deemed to vacate. the courts may not impose the disability THUS Removal. corruption. Acts intrinsically punishable as a public offense IMPEACHMENT i. Cannot receive the corresponding compensation therefor iii. Betrayal of Public Trust iii. Cabinet. Bars only the election. ConComs. SC. or want of principles reasonably related to the reqts of the public office 2. WHY: Assure public confidence in the essential integrity of the govt ii. r. WHAT i. GROUNDS: Conviction of. Crime if it involves at least a certain degree of evil doing. To prevent individuals from deriving. resign by implication from the first office iv. 40 only disqualifies in local offices thus can run for national office > ABSURD! PREVIOUS TENURE OF OFFICE i. GR: No reelection regardless of length of time he has served ii. Senators (2). VP.. suspension itself ground for disqualification? ii. Depends on wording of applicable provisions iii. malice. ConCom. in/directly. MISCONDUCT. SCOPE: Prohibited and Non-Conflicting Offices iii. Chapter 10. appt for the unexpired term s. WHEN: Mere Commission v. Administrative Code. SCOPE OF IMPEACHMENT 1. Cannot hold more than two positions in the govt and goccs ii. In addition to his primary fxns t. Does not bar election. 1. ISSUE: LGC. EFFECT OF VIOLATION: Upon acceptance and qualification for second and incompatible office. EVERYWHERE: P. 1. . Examples: VP (2). SC. WHY: No constitutionally protected right to hold incompatible offices 1. E: Succession UNLESS Succeeding as Pres and serving as such for more than 4y iii. To prevent offices of public trust from accumulating in a single person 2. Other High Crimes 6. SCOPE: Local and National Law Violation of Municipal Ordinance 1. Disqualification to hold any office in the Ph iv. Elective Local Officials (3) HOLDING MORE THAN ONE OFFICE ~ MULTIPLE OFFICES i. AFP 3.. Sec. GR: No. WHO ARE IMPEACHABLES: Pres. Examples: 1. 49: Inhibitions Against Holding More Than Two Positions 1. Sec.PROBLEM: Nobody wants to admit that he is so THUS Pet in Court for Declaration of Insanity p. WHAT: Prohibition against holding of certain elective offices by the same persons for more than a stated number of consecutive terms ii. WHY: Protect the people as a body politic REMOVAL. Removal from office 2. Where there is no constitutional or statutory declaration of ineligibility for such cause. Book IV. Examples: President.. ConComs. Conviction 1. CRIME ~ Highest standards of ethics i. ISSUE: Grounds for Removal. q. Graft and Corruption 5. VP. Culpable violation of the Constitution 2..

uninfluenced by personal and filial consideration ii. BEING AN ELECTIVE OFFICIAL ~ SPOILS SYSTEM . Members of the Constitutional Commissions.13. WHY 1.iv. To prevent an individual legislator from profiting by an action taken by him with bad motives 2. Secretaries. WHAT: Cannot be appointed in national. Even if allowed by law or the primary functions of his position 2. Relative of persons exercising immediate supervision over him 2. iv. city. WHY: To guarantee the basis of appt as solely merit and fitness. ii. 2. v. Special VII is more specific IX-B allows those allowed by law and by primary functions of the office BEC Ex officio office is not “OTHER OFFICE” as long as no compensation PURPOSE: Devote full time to public service v. EXAMPLE 1: VII. iv. 2. Office of the Ombudsman. provincial. HR ii.) YET Reissued in EO 292 (July) BUT SIR SAYS VOID ALSO BEC SAME PROVISION v. Relative of the apptg or recommending authority 2. (Feb. GOCCs w. or ii. Member of the Cabinet Usec Asec Other appointive official of the executive department LEGALITY OF THIS PROVISION: Embodied in EO 294 which Court declared as UNCONSTI in CLU v. Mother case: CLU v. AFP Members iv. WHAT: Offices that Congress must itself cause to exist iii. During his tenure 2. municipal govts or branch. Chairmen or heads of bureaus or offices. WHO i. Persons employed in a confidential capacity ~ bec you can trust relatives 2. RELATIONSHIP WITH APPOINTING POWER ~ NEPOTISM i. Physicians 4. office 3. WHO: 3rd degree consanguinity/affinity 1. SCOPE: Excludes those appointed/elected then marries there must be a full report to the CSC (Admin Code) iii. Spouse WHAT 1. Sec. Shall not be appointed as i. To prevent all legislators from being influenced by either conscious or unconscious selfish motive x. par. WHO: Senator. Relatives by consanguinity or affinity within the fourth civil degree of the President 3. Executive Secretary: General v. iii. including governmentowned or controlled corporations and their subsidiaries EXAMPLE 2: Civil Service Decree ~ 3 GROUPS 1. WHO 1. EXEMPTIONS 1. instrumentality thereof. 2 (BARABLE) 1. Relative of the chief of the bureau. Teachers Bec we need them 3. Exec. Undersecretaries. OFFICE NEWLY CREATED / EMOLUMENTS INCREASED i. iii.

primary fxns of his position > THUS Implying that national lame-ducks can be appointed in local offices LGC PROHIBITIONS i. APPOINTMENT i. WHAT: Political and administrative decision calling for considerations of wisdom. Only in the manner prescribed by Consti. 4. utility. 3. TITLE TO OFFICE XVII. E: GAD 2.Filling a vacancy . XVI. WHO: Any candidate who has lost in any election ii. 94 which 1. an executive fxn CONGRESS COURTS 2. DURATION: During his tenure in office of the elective official iii. in its nature. designation in any capacity to any public office. MANNER: Election or Appointment i. ACQUISITION OF RIGHT. Of the individual who is to exercise the powers and functions of a given office . convenience. Law NOT By own assumption / employment by private person aa.Act of designation By the executive officer.Nomination or Designation of an individual to an office ii. CONFLICT: LGC. REMEDY: Forfeit his seat to be appointed > NO DISTINCTION b/w National and Local Elected Officials y. ii.WHAT: Elective Official shall not be eligible for appointment. and the interests of the service > Being the NEXT IN RANK does not entitle anyone to be next in promotion but only a preferential consideration BEC appt is discretionary 2. PEOPLE – selection of persons to perform the fxns of gov’t is primarily a prerogative of the people BEC people are souce of govt BUT DELEGATED by the people who cannot always be called upon to act immediately when the selection of an official is necessary BUT Only as an incident to the discharge of the fxns within their respective spheres: EXECUTIVE DEPT BEC 1. WHAT: Cannot be appointed to any office in the Gov’t or GOCC iii. board. GR: NO BEC Exercise of discretion of the public officer ii. prohibits only elective or appointive local official from holding any other office or ent in the Gov’t or GOCC UNLESS Otherwise allowed by law. WHY . WHEN: Within 1y after such election iv. allows losing candidates in barangay elections to be appointed to any office in the govt within 1y from election lost 3. REQT: Selection must finally be his act alone but limited to candidates having the qualifications required by the civil service law 3. Sec. WHO APPOINTS 1. body to whom that power has been delegated NATURE OF POWER: Plenary Discretion 1. IMPLICATIONS 1. POLITICAL LAME-DUCKS (HAVING BEEN A CANDIDATE FOR ANY ELECTIVE POSITION) i. WHAT: . NOT LIABLE as long as exercised in Good Faith 4. iii. position during his tenure ii. z. allows losing elective candidate from being appointed to any office BUT Consti also prohibits election 2. NO JUDICIAL REVIEW i. Power to appt is.

Appointing power should exercise it with disinterested skill and in a manner primarily for the benefit of the public 1. Exclusive prerogative of Congress via COMMISSION ON APPOINTMENTS to confirm or reject certain appts 2. CONFIRMATION 1. CONDITIONAL 1.1. Commission. Conclusive evidence of the appt as soon as it is signed by the Pres. NATURE: Ministerial act cc. but not the appt itself 3. Only Reqt: If it falls upon an eligible person 2. Qualifications prescribed by law 3. Written evidence of the appt. Exclusive prerogative of the President 2. while Congress may create an office. ISSUANCE OF COMMISSION 1. Discipline 2. CApp approval necessary RESTRICTIONS OF APPOINTING POWER 1. iv. Power to determine whether the appt is demanded by the exigencies of the service KINDS OF POWER 1. CApp approval 2. ii. 2. approval is necessary ii. IMPT: No appt yet in the strict sense until it is confirmed ~ Appt as JOINT ACT of President and CApp vi. 2. THUS. Power to assess qualifications and who is best qualified 3. To secure the utmost freedom from personal interest in such appt bb. Effect: i. SCOPE OF DISCRETION 1. or formal evidence of the appt. COMMISSION: 1. APPOINTMENT PROCESS i. . it cannot specify who shall be appointed by the President therein (Rafael v. Congress cannot limit EXCEPT 1. NOMINATION 1. Head of Office is familiar with the organizational structure and environmental circumstances within which the appointee must function Dept Heads are in the most favorable position to determine who can best fulfill the fxns of the office 4. Power to Remove. may issue at once iii. Written authority from a competent source given to the officer as his warrant for the exercise of the powers and duties of the office to which he is commissioned 2. approval by some other officer or body is necessary to complete the appt 2. Persons to be appointed should possess the prescribed qualifications 2. REVOCABILITY iii. EACIB) v. To prevent use of power to confer an office on himself CARETAKER PRINCIPLE: Appointing Power cannot forestall the rights and prerogatives of his successor by making a prospective appt to fill an office where the appointee’s term is not to begin until the appt power’s own term has expired 2. No further consent. ABSOLUTE 1. Persons must be selected solely with a view to the public welfare 3. CApp approval Not Necessary 2. Reqt: When assent.

Proposed appointee is a qualified service eligible or possesses appropriate eligibility. consecutively. Valencia v. By CSC. deemed cured by the probational and absolute appt of the apptee and should be considered conclusive 3. Void ab initio 2.i. WHEN REQD i. who thereupon assumed the office 2. ii. and not upon his ability to establish that fact (Ykalina v. Where Appointee has assumed the duties and fxns of his position 1. EXCEPT for CAUSE and with NOTICE. Mistake of Officials resulting in non-observance of the requirements to complete appt does not render the reqts ineffective and unenforceable CSC APPROVAL 1. APPROVE: Possesses appropriate eligibility i. WHEN: When last act required for the appointing power is performed 1. IF Absolute: Complete when appointee has been determined > Issuance of Commission 2. Tolerance. NOT REQD: Right of appointee to be inducted into office depends on the fact of appt. REMEDY: MR with CSC ii. RECALL BY CSC: Motu proprio or by MR 2. make an appt complete 3. Violation of law in its issuance 4. COMPLETION OF APPOINTMENT i. DISAPPROVE: Non-conformity to applicable provisions of law and on the appointee’s qualifications i. Peralta (1963) 2. Acquiescence. Irregular due to fraud by appointee i. Merely serves to assure the eligibility of the appointee 2. BEC He acquires a LEGAL RIGHT which cannot be taken 2.Rules pertinent to the process of appt are followed 1. Apptg officer and CSC. GR: IRREVOCABLE! Cannot be revoked by Appointing Power 1. body 1. and not merely private rights ii. HEARING E: REVOCABLE 1. For cause by the Apptg Power 2. REQD: BEC Appt to office affects the public. . Where Appt is Complete and Final 1. reqd qualifications . confirmation of another office. iii. 1953) EFFECT IF NONE: No vested right. NOT On mere ground that another is more qualified REMEDY: REMOVAL ii. when appt is 1. acting together. should thus be authenticated in a way that the public may know when and in what manner the duty has been performed iii. WON WRITTEN: 2 Views 1. Oricio. E: Officer is removable at will of the Apptg Power 2. IF No fraud. IF Conditional: Upon assent. security of tenure 1. WHAT: When President has been notified of the confirmation and has completed the appt by issuing the commission to the appointee. NATURE: Does not complete the appt ALTHOUGH it is an essential part of the appointing power 3. WHAT: Determine WON . iii. dd.

the duties of those public offices to which he may be lawfully chosen EFFECTIVITY OF APPT 1. Obiasca v. IMPT: Necessary for Full Possession. NATURE: Distinct from appt 1. FORM 1. upon the exercise of the duties and fxns of an office 3. US v. EXCEPTIONS i. Firemen v. Presidential appts ii. office politics ii. Until disapproved by CSC . Performance. Tomali v. under reasonable circumstances. E: i. MANDATORY v. Basollete 5-star): Reasonable time to submit to CSC i. to assist in the protection of the pace and order of the community 3. GR: Immediately upon issue 1. in the fulfillment thereof and under conditions provided by law. EXPRESS – oath. IMPLIED – When. to render personal military or civil service ii. Pompeya: Male inhabitants of a certain age may be required by the State. promotional 2. Verbal ii. CSC: Appointee must take initiative to assure that appt papers have been submitted to the CSC > Follow it up! 1. iv. Old Rule (PD 807): All appts must be submitted to CSC within 30d.4: Govt may call upon the people to defend the State and all citizens may be reqd. Responsibility of Office 4. in the exercise of its police power. bond i. AFP iii. VOLUNTARY 1. Effective immediately upon issue by the apptg authority 2. Police forces iv. bad faith. Jail guards WHEN TO APPROVE: within reasonable time 1. Now (EO 292. BASIS: Social duty to bear his share of the public burdens by accepting and performing. GR: All appts in the civil service whether original. Written 2. appointee enters v. ACCEPTANCE OF APPT 1. without formal acceptance. GR: Not compulsory BEC Involuntary servitude 2. having been elected by popular election to a public office. Enjoyment. OTHERWISE Ineffective if not so filed 2. GR: Not necessary to completion or validity of appt BEC Appt is sole act of appointing power 2. II. 334: Arresto mayor/fine/both upon any person who. E: Law expressly requires it for completion of the appt 3. WHY: It would open the door to fraud. Acceptance is sole act of Appointee 2. shall refuse without legal motive to be sworn in or discharge the duties of said office iii. RPC.4.

Entitled to receive salaries . EFFECT: 1. then he is entitled to receive salaries 2. E: If the appointee has assumed the duties of his position PRIOR to CSC disapproval.i.

8. Voluntary Recess: takes place before the adjournment of Congress.2) v. BUT REVOCABLE before confirmation ii. KINDS OF APPTS 1.2) ii. WHEN: Those made while Congress is not in session or during its recess 3. 2. AD INTERIM APPOINTMENTS 1.ee. JBC (VIII. eg Christmas break EFFECTIVITY: i. Nachura: Includes recess 2. OTHERWISE Incomplete appt THUS No ad interim appt that could be validly transmitted to and acted upon by the CApp (Rosales v.2) iv. REQD: Release to and acceptance of appt by appointee before confirmation by CApp.1. WHY ALLOWED: Keep the business of govt in continuous operation when Congress is not in session > Existing clear and present urgency caused by an impending obstruction or paralyzation of the functions assigned to the office to be filled if not immediate appt is made 5. COA (IX-C. NATURE: Permanent i. 4. 3. Other Officers of the Gov’t whose appts are not otherwise provided by law 3. COMELEC (IX-B.1. i. Officers of the Armed Forces from the rank of colonel or naval captain 5. Other Officers whom he may be authorized by law to appoint 4. REGULAR APPT ~ COA REQD ~ EXCLUSIVE 1. Regional Consultative Commission (X. WHO IS APPOINTED ~ 4 GROUPS OF OFFICIALS 1. (Nachura) De Leon: Excludes voluntary recess 4.1. 3. BEC Removal is final and on the merits ii. NATURE: Mere nominations BEC subject to CApp confirmation 2. CSC (IX-B. Heads of executive departments. C: Security of Tenure! Cannot be removed even before CApp approves 2.2) iii.18) 2. Compulsory Recess: when Congress adjourns ii. WHEN: Those made while Congress is in session 2. Ambassadors. APPOINTMENTS BY THE PRESIDENT i. REGULAR 1. BASIS OF POWER: VII. Yenko) PERMANENT 1. WHEN: Those which last until they are lawfully terminated TEMPORARY / ACTING . Other Public Ministers and Consuls. Until next adjournment of Congress 1.16 ii. Other Officers lower in rank vested by Congress in the President alone iii. Other officers whose appts are vested in him in the Constitution i. 4. Until disapproval by the CApp 1.

Specifically prohibited by Consti. EXCEPTIONS i. C: Contrary to . Hearing iii. Presupposes that the officer is already in the service by virtue of an earlier appt. WHY: Structural approach ~ Covered by separate articles 2. 2. Mere imposition of new or addtl duties upon an officer to be performed by him in a special manner while he performs the function of his permanent office ii.5. ii. cannot be apptd DESIGNATION 1. Required by public service and safety De Rama v. No fixed tenure of office ~ Term expires upon separation ii. Law ii. BASIS: Power to appt includes Power to make temporary/acting appts BEC the whole includes and is greater than the part. Executive Depts iii. RIGHTS: i. that is not to preempt his successor’s prerogatives BEC 1. it is ethically objectionable to do so 3. UNLESS: i. JBC: Prohibition in VII. WHEN: Those which last until a permanent appt is issued 2. CA: Prohibition on MN appt applies only to the President 1. Dissent (citing Aytona v. Clear provision Philosophy and reason behind the prohibition against MIDNIGHT APPTS. If unqualified person. BUT ONLY TO THE EXECUTIVE DEP’T 1. WHAT: i. performing other fxns 2. Temporary appt is repugnant to the nature of the office to be filled 3. MIDNIGHT APPOINTMENTS 1. EFFECT: Revocable 1. Terminated at pleasure even without Cause.15 on presidential appointments within 2m before the next presidential election IS NOT APPLICABLE TO THE JUDICIARY. iv. he is only a caretaker of the office during the prohibited period of 2m and 2. Temporary appts ii. Castillo): Outgoing official is only a caretaker who should not preempt successors’ prerogative i. De Castro v.

Must conform to measures or standards which are sufficiently objective to be capable of being challenged and reviewed . subd. . Occupant enjoys more than the ordinary confidence in his aptitude of the appointing power b. Must be given under an objective standard of grading b. when necessary. subdivisions.GOCCs with original charters . WHO DETERMINES CONFIDENTIAL POSITIONS i.duty of determining questions of qualifications of merit and fitness of one appointed to the civil service Scope of the Civil Service System . upon recommendation of CSC d. by other examiners of equal ability and experience In substance. Possession of skills or training in a supreme or superior degree 4. instead of the spoils system in the matter of appt and tenure of office . not merely in form 3. President. Entrance based on merit and fitness i.ff. TERMINATION: Based on loss of confidence THUS Not removal but Expiration of term of office 3. NATURE OF THE POSITION / NATURE OF FUNCTION TEST (CSC v. HOW a. Highly Technical in nature a.Laws are not penal.military establishments PRINCIPLES BEHIND THE CIVIL SERVICE SYSTEM . any agencies. but designed only to eradicate the system of making appts primarily from political considerations PURPOSES OF THE CIVIL SERVICE SYSTEM 1) To establish a merit system of fitness and efficiency as the basis of appts 2) To eliminate the element of partisanship and personal favoritism in making appts as far as practicable 3) To prevent discrimination in appts to public service based on any consideration other than fitness to perform its duties 4) To enable the national and local govt and all its instrumentalities and agencies to render more efficient services to the public by enabling them to obtain efficient public servants CLASSIFICATION OF POSITIONS IN THE CIVIL SERVICE 1) CAREER CHARACTERISTICS a. COMPETITIVE: those be determined. NATURE: It is the general rule 2. NON-COMPETITIVE: based on highly technical qualifications 1. Primarily Confidential a. as far as practicable. 1. Occupant bears primarily such close intimacy which insures freedom of intercourse without embarrassment or freedom from misgiving of betrayal of personal trust on confidential matters of State c. by competitive examinations. Policy-Determining – power of formulating policies for the govt. Oral Exam can be competitive if the questions are such as to best determine the practical and technical qualifications of the applicants to perform the duties of the position to be filled ii. APPTS IN THE CIVIL SERVICE Who is the CIVIL SERVICE COMMISSION . Salas) ii. instrumentalities. DETERMINATION OF CHARACTER OF POSITION: NATURE OF FUNCTIONS ATTACHED ~ Ultimately a judicial question c. instrumentalities (eg Cabinet members) 2.all branches.central personnel agency of the gov’t . FORM: None a. and agencies of the Gov’t .Merit system.

. training and experience. GOCCs – whether performing governmental / proprietary fxns g.Workable guidelines for the apptg authority PURPOSES . not position d. unpredictable.Department or Agency itself establishes QS . sporadic. Entrance on bases other than those of the usual test of merit and fitness utilized for the career service b. OPEN CAREER POSITIONS – requires prior qualification in an appropriate exam b.as incentives to officers and ees towards professional growth ESTABLISHMENT. i. and performs with minimum direction and supervision from the hiring agency Emergency and seasonal personnel Casual employee when employment is not permanent but occasional. experience or training may be used interchangeably to offset deficiencies . academic staff of state colleges and universities .USEC. limited to the duration of a particular project for which purpose employment was made OFFICIALS INCLUDED a. subject to his pleasure ~ No cause. c.Minimum requirements for a class of positions in terms of education. Chief of Dep’t Service. ADMINISTRATION.faculty. Chairmen and members of commissions and boards with fixed terms of office and their personal and confidential staff d.as basis for civil service exams for positions in the career service . Bureau Director.Appointee’s education.Wage and Position Classification Office consulted OFFSETTING OF DEFICIENCIES . Security of tenure Opportunity for advancement to higher career positions e.as aid in the inspection and audit of the agencies’ personnel work programs . Elective officials and their personal or confidential staff b. to be accomplished within a specific period not exceeding 1y. BD.WHEN: When necessary At the discretion of the apptg authority who is in the best position to determine the needs of his office and how to satisfy those needs KINDS OF APPTS ~ Difference: SECURITY OF TENURE 1) PERMANENT . Tenure which is limited to. Other officers of equivalent rank .scientific or technical positions in scientific or research institutions c.CSC approves the same . hearing reqd iv.EXCEPT: the required civil service eligibility . Contractual personnel and those whose employment in the govt is in accordance with a special contract to undertake a specific work or job requiring special or technical skills not available in the employing agency.. KINDS a. Dept heads and other officials of cabinet rank who hold positions at the pleasure of he Pres and their personal and confidential staff c. other qualities reqd for successful performance . notice. physical fitness. and brief in nature What are QUALIFICATION STANDARDS . f.in determining training needs . PRESIDENTIAL APPOINTEES – Foreign Service Officers in DFA e. ASEC. PERMANENT LABORERS – semi/non/skilled 2) NON-CAREER CHARACTERISTICS a. co-terminus with that of the apptg authority iii. CAREER EXECUTIVE SERVICE . CLOSED CAREER POSITIONS Competitive – scientific or highly technical in nature Exam . MAINTENANCE .b. AFP – BUT with own separate merit system f.SECURITY OF TENURE attaches only to RANK. civil service eligibility. period specified by law ii.as guides in the appt and other personnel actions in the adjudication of protested appts . Asst.

GR: No temporary appt of non-eligible whenever there is a civil service eligible actually available for appt .PASSING OF EXAM does not automatically convert the temporary appt into a permanent one THUS Need of new appt (Province) > Sir: Dangerous against appointee bec.REPLACEABLE even by a non-eligible .to a person who meets all the reqts for the position to which he is being appointed EXCEPT the appropriate civil service eligibility .DOES NOT CONTINUE AS A PERMANENT APPT THUS Need of a new appt .to a person who meets all the reqts for the position to which he is appointed. including the appropriate eligibility prescribed .WHY APPOINTED: Absence of appropriate eligible . hearing.When immediate filling of the vacancy is urgently reqd in the public interest .When the vacancy is not permanent .continues until lawfully terminated .Terminated at the pleasure of the apptg power. in accordance with the provisions of law and the rules and standards promulgated pursuant thereto.May be dropped from the service for unsatisfactory conduct or want of capacity any time HOW TO DETERMINE KIND OF APPT: Nature of Appt extended . regardless of grounds. without notice.E: .REMOVAL: .BUT With “such protection as may be provided by law” to prevent indiscriminate dismissals of temps Cannot be removed without justifiable cause if appt is for a definite period 3) APPT THRU CERTIFICATION WHAT: Certified by the CSC that you’re in roster of eligibles Person is selected from a list of qualified persons certified by the CSC from an appropriate register of eligibles and who meets all the other reqts of the position EFFECT .. the possibility is always there that he would be replaced .SECURITY OF TENURE: removed only for cause provided by law 2) TEMPORARY / ACTING .max 12m or sooner if a qualified civil service eligible becomes available .6m Probation .NOT Lack of eligibility . reasons .Character investigation to acquire permanent civil service status .BUT Possession of civil service eligibility different from that which is appropriate to the position for which he was appointed .EFFECT OF SUBSEQUENCE ELIGIBILITY .

revoke the appt which remains in force and effect until disapproved by the CSC b. the apptg authority cannot withdraw. Proposed appointee is a qualified service eligible or possesses appropriate eligibility. Jail guards WHEN TO APPROVE: within reasonable time a. Violation of other existing civil service law. OTHERWISE. WHEN TO APPROVE / DISAPPROVE i. 3. Obiasca v. bad faith. promotional b. When qualified. Basollete 5-star): Reasonable time to submit to CSC i. dismissed 4. Old Rule (PD 807): All appts must be submitted to CSC within 30d.REVIEW POWER OF THE CIVIL SERVICE COMMISSION: APPROVAL. REMEDY: MR with CSC c. DISAPPROVE: Non-conformity to applicable provisions of law and on the appointee’s qualifications a. Tomali v. Once an appt is accepted by the appointee. CA) i. and regulations e. Authority to recall an appt initially approved is with the CSC c. HEARING: None bec. RECALL. Firemen v. Police forces iv. rules. BUT Only if the appt and approval are proven to be in disregard of applicable provisions of the civil service law and regulations II. RECALL BY CSC: Motu proprio or by MR 2. AFP iii. it does not involve the imposition of administrative disciplinary measures b. NO OTHER CRITERIA may be employed b. GROUNDS FOR RECALL (IR of RAC. Non-compliance with the procedures. Failure to pass thru the agency’s Selection/Promotion Board MEMORIZE c. it would preempt the prerogative of the successor REINSTATE WHEN: When ee is illegally demoted. Merely serves to assure the eligibility of the appointee ii. Rules pertinent to the process of appt are followed a. Approve even if others are more qualified c. Now (EO 292. WHY: It would open the door to fraud. THUS. SIR: Myopic View! Principle involved is midnight appts in Aytona case. MIDNIGHT APPT is not a ground for recall of appts BEC Prohibition applies only to appts by the Pres/Acting Pres (De Rama v. Violation of the existing collective agreement b/w management and ees relative to promotion d. reqd qualifications ~ Minimum eligibility reqts 2. a. Cannot make an appt or direct apptg authority to change the employment status of the appointee 3. ATTEST TO APPT and that’s the end of its role b. Presidential appts ii. criteria provided in the agency’s Merit Promotion Plan b. NATURE: Does not complete the appt ALTHOUGH it is an essential part of the appointing power WHEN REQD a. . NATURE: Ministerial a. office politics ii. Rule VI. GR: All appts in the civil service whether original. WHO CAN RECALL: CSC a. not the constitutional provision. REINSTATEMENT APPROVAL 1. CSC: Appointee must take initiative to assure that appt papers have been submitted to the CSC > Follow it up! RECALL OF APPT I. APPROVE WHEN 1.20) ~ Very specific. E: i. OTHERWISE Ineffective if not so filed b.

Resignation of the incumbent 1) WHEN: Upon Acceptance of resignation by proper authority. ABSOLUTE .No appt to a non-vacant position.there is no one in esse discharging the duties of the office 4. 12.h. when necessary 2) NONE When there’s illegal suspension or dismissal 5. 14. Acceptance of an incompatible office 10. Conviction of a crime 8. resigned.without a legally qualified incumbent appointed. Impeachment conviction 9.no one has been appointed to fill it 2. CONSTRUCTIVE – incumbent has no legal right or claim to continue in office and . usurper. ORIGINAL – when an office is created and . to fill such anticipated vacancy VALIDITY: GR: Prospective appointments are legal appts REQTS: 1) At the time of the effectivity of the position. been removed.can be legally replaced by another functionary 3. Removal from office 4. Creation of a new office 11. ACCIDENTAL – incumbent has died.g. e. VACANCY WHEN . and .no successor is in being who is legally qualified to assume the office CAUSES OF VACANCY AND TERMINATION14 1.need not be physically vacant BEC can be occupied by one who is not a de jure officer. the appointee will satisfy the eligibility reqts 2) When appt becomes effective. OTHERWISE Void CLASSIFICATION OF VACANCIES 1.the latter not having held over . the apptg authority is still the same apptg authority E: Expressly prohibited by law .Apptg power may proceed to fill the office .office is empty and . who is empowered to fill the vacancy when it arises.term of an incumbent having expired and . 13. Expiration of term 7. Reaching the age limit Recall Failure of persons chosen for office to accept Failure of persons chosen to qualify for the office ANTICIPATED VACANCIES WHEN: In cases of anticipated vacancies in a public office Example: Resignation taking effect at future date WHAT: PROSPECTIVE APPOINTMENT made by person. Permanent disability occupant 3. Death No legal 2. elected to it with a lawful right to exercise its powers and perform its duties . hold-over EFFECT . Abandonment 6.

B.Directory! Mere delay in taking an oath is curable if it be afterwards taken with approval of the public authorities BUT may be a ground for forfeiture while delay continues E: Prerequisite to full investiture with the office IF MANDATORY . HR Limited Authority 5) Secretaries of departments Only in matters of GR: Cannot 6) Bureau directors official business charge fees 7) Registrars of deeds E: Specifically 8) Provincial governors authorized by 9) Lieutenant-governors law 10) City mayors 11) Other officer in the service of the govt of the Ph whose appt is vested in the Pres .to protect public interest .1.Right to enter into the position becomes plenary and complete .Official Oath and Official Bond WHAT .4. election to office and which are generally reqd to be taken by a person to entitle him to assume the functions and duties of the office .A contract b/w the officer and the gov’t. rather than a penal or forfeiture bond .Accountable public officers those to whom are entrusted the collection and custody of public money .Person appointed.5 2) Vice President 3) Acting President 4) All public officers and employees IX. elected is usually reqd by law to do some act by which he shall signify his acceptance of the office and his undertaking to execute the trust confided in him before entering upon the performance of his duties . require presentation to him of any statement under oath NATURE GR: Not indispensable .Collateral security for the performance of the officer’s duty .Only a mere incident to the office and constitutes no part of the office itself .An obligation binding the sureties to make good the officer’s default .Public ministerial officers those whose actions may affect the rights and interests of individuals thus reqd to secure the faithful and proper discharge of their duties by giving bonds conditioned to that effect WHAT ~ indemnification for default. as defined by law or regulation.Certain steps which are separate and distinct from the appt.OFFICIAL BOND WHO: .OFFICIAL OATH WHAT: 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 WHO IS REQD TO TAKE OATH Reqd by 1) President VII. binding the officer to discharge the duties of his office . AC 6) Elective and appointive local officials and employees LGC WHO CAN ADMINISTER OATH General Authority 1) Notaries public 2) Members of the judiciary 3) Clerks of court 4) Secretary of Senate.to indemnify those suffering loss or injury by reason of misconduct or neglect in office TWO SENSES OF QUALIFICATIONS 1) Personal Qualifications 2) Qualification as an Act .Contractual obligation b/w injured party and officer and surety WHY . QUALIFYING TO OFFICE 12) Officer whose duties.Pendency of an Election Protest is INSUFFICIENT to enjoin him from assuming office FORM GR: None E: Law expressly requires specific form .i.5. AC 5) All members of the armed forces XVI. negligence of the officer .In the nature of an indemnity bond.

NATURE GR: Directory only! BEC Mere incident of office EFFECT: Failure to furnish the same within a fixed time does not ipso fact forfeit the office and delay is waivable E: Expressly made a condition precedent NATURE OF REQUIREMENT GR: Directory EFFECT: Curable. Can explain failure to comply within time prescribed E: Mandatory if the law requires it as mandatory BUT PRESUMPTION OF COMPLIANCE BEC of presumption that ordinary course of business has been followed and that the law has been obeyed EFFECT OF FAILURE TO QUALIFY GR: Deemed evidence of refusal of the office De fact officer E: Failure. neglect to qualify would not ordinarily be deemed ipso facto a rejection if particular time is prescribed but supplied only afterwards EE: If qualification within a given time was expressly made a condition precedent .

Allas) E: When he renders services without bad faith *Entitled to Compensation: ONLY IF there is no separate de jure officer THUS position is vacant . Creates no office e. condition (eg oath. ii.REQTS: Where there is de jure officer. apptg body. To submit to or to invoke his action MEMORIZE Supposing him to be the officer he assumed to be ~ Usurper can thus become de facto COLORABLE TITLE VARIANTS 2) Under a color of a known and valid appt.protection of the public by ensuring the orderly functioning of the govt despite technical defects in title to office . bond) 3) Under a color of a known appt. de facto is not entitled to the emoluments attached to the office -Rightful incumbent may recover from de facto the salary received by the latter during the time of his wrongful tenure . DE FACTO AND DE JURE OFFICERS 5-star XIX. unconstitutional law.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 . Imposes no duties c. no more office ii. irregularity in its exercise. election Void BEC -Officer was not eligible -There was want of power in the electing. position never became vacant (Mendoza v. appt. Such not being unknown to the public 4) Under color of an appt. DE FACTO DOCTRINE ~ In GF WHY .one who is in possession of an office in the open exercise of its fxns under color of an election. But under such circumstances of reputation or acquiescence As were calculated to induce people. in holding over after the expiration of one’s term iii. in an election. -Of some defect. Before the same is adjudged to be such TWO VIEWS i. Affords no protection d. acquiescence by the public 3) Actual physical possession of the office in good faith COMPENSATION GR: Only an officer de jure can maintain an action for compensation . appt eventhough such election. Confers no rights b. without inquiry. is admitted and sworn into office is deemed to be rightfully in such office until -he is ousted therefrom by judicial declaration in a proper proceeding or -his admission thereto is declared void WHO . COLOR OF RIGHT – one is a de facto officer i.XVIII. appt may be irregular. Minority: No position at all BEC a.one who has the reputation of being the officer he assumed to be and yet is not a good officer in point of law . informal so that the incumbent is not a mere volunteer HOW: duties of the office are exercised NO COLORABLE TITLE 1) Without a known appt or election.De Facto takes the salaries at his risk WHY: Because there is a de jure officer THUS. Majority: De facto until declaration of nullity THUS thereafter. election By or pursuant to a public. election But the officer had failed to conform to some precedent reqt.stability in govt functions from chaos from litigations challenging title BEC acts are valid insofar as the public is concerned WHAT: a person who. Inoperative ELEMENTS 1) De jure office 2) Color of right or General acquiescence by the public a. by the proper authority.

or -who has never actually taken possession of it . authority. actual/ apparent Has possession of the office and undertakes to act officially under color of authority direct proceeding against him ~ QUO WARRANTO BEC law presumes that a person acting in a public office was regularly apptd. or color of right. title to office Has possession. DE JURE DOCTRINE WHO . elected to it Exercises fxns of office where the public does not know or ought to know his lack of title. title to office Cannot be removed Can be ousted at any . color of right. then lawful title and possession are united IF Two incumbents under claim of right. then he who has better legal title REQUIREMENTS 1) He must possess the legal qualifications for the office in question 2) He must be lawfully chosen to such office 3) He must have qualified himself to perform the duties of such office accdg to the mode prescribed by Consti. Law DE JURE Based on right DE FACTO Based on reputation.WHO CAN FILE QUO WARRANTO 1) Person who claims to be entitled to the office a.one who is outside BEC it just so happens that there’s another physically occupying it UNION: IF De jure is also De Facto. performing duties of office under color of right. Actual knowledge of the pendency of the suit is not sufficient (Mendoza case) 2) Republic represented by Solicitor General or Public Prosecutor gg. authority Legitimate acts in the exercise of his authority are valid insofar as the public and third persons are concerned BUT Void as among themselves NO DIFF IN ACTS IF DE FACTO AND JURE time in any proceeding BEC Not an officer at all for any purpose Acts as an officer where the public knows or ought to know that he is such a usurper Absolutely null and void Example: by-passed ad interim appt BEC not chosen in the manner and form provided by law Has lawful right. authority without being technically qualified in all points of law to act Can be ousted in a USURPER Without lawful title.one who has the lawful right to the office in all respects but -who has either been ousted from it.

There is no apparent authority in a public officer whose duties are prescribed by law .when it is absolute.expressly annexed to the office by the law which created it or some other law referring to it INCIDENTS . Strict interpretation of express grants of power ii. . ii. TERM: If with term. Office at a Particular Place . his powers exhaust themselves in the acting THUS.authority cannot exist in places where the law has no effect ii.He must see to it that the authority is.where a public officer is authorized by law to perform the duties of his office at a particular place. certain. EXPRESSLY CONFERRED BY LAW . NECESSARILY IMPLIED. must. CLASSIFICATION OF POWERS AND DUTIES i. DURATION OF AUTHORITY i. Nature of the Act 1.HOW DO PEOPLE ACT: Directly or Thru Representatives . SCOPE OF POWER i.attached to the office as incidents to it LIMITATIONS TO AUTHORITY OF PUBLIC OFFICERS i. discretion as to the PUBLIC OFFICER Never universal authority (BUT some are general in nature) hh.expressly conferred upon him by the law under which he has been appointed/elected EXPRESSLY ANNEXED TO OFFICE . necessarily implied ll. he is henceforth functus officio and can neither act again in reference to the same subject nor undo what he has done kk. at their peril.Persons contracting with the public officer acting under a public law. HOW: Confer only those powers which are expressly imposed. ascertain the scope of the officer’s authority BEC Chargeable with notice of the contents of the law conferring it 3) BUT Every citizen has the right to assume that a public officer charged by law with certain duties knows his duties and performs them in accordance with law IMPORTANCE: Public officers have only those powers EXPRESSLY GRANTED by law. imperative involving merely execution of a specific duty arising from fixed and designated facts . ESSENTIAL TO THE ACCOMPLISHMENT Of the main purpose for which the office was created. sufficient for the assumed purposes . ACT: If chosen for the performance of a single act or definite term. Ministerial . Action at a place not authorized by law is ordinarily invalid jj. POWERS OF PUBLIC OFFICERS XXI. SOURCE OF POWERS AND AUTHORITY OF PUBLIC OFFICE: LAW AND CONSTITUTION SOURCE OF GOVT’L AUTHORITY: People . during which he is by law invested with the rights and duties of the office ii. CONSTRUCTION OF GRANT OF POWERS: Strict interpretation i. express/implied BEC Gov’t and officers are only agents 2) Authority that persons dealing with public officers have knowledge of his authority .IMPLICATIONS: 1) Authority of public officer is never presumed! No presumption of authority.HOW POWER EXERCISED: Law and Constitution . Territorial . General. Special ii. in fact.where the officer has no judicial power. iii. having once acted.XX. INCIDENTAL BUT GERMANE Serves to promote the accomplishment of the principal purpose PRIVATE AGENTS Classified accdg to nature and effect of authority: Universal.

Discretionary .such as necessarily require the exercise of reason in the adaptation of means to an end.DELEGATION > GR: Yes.interpretation of the law. Ganzon) > E: When there is a clear duty and an unnecessary and unreasonable delay in the exercise of such duty BUT Only to require action (Lamb v. and in a prescribed manner.one which a person performs on a given statement of facts. without willfulness or favor > Faculty conferred upon public officers by law of acting officially in certain circumstances. Phipps) . and it is left to the will. instructions. > E: -Expressly prohibited -Expressly requires the act to be performed personally 22.DISCRETION > Liberty to decide accdg to the principles of justice and one’s ideas of what is right and proper under the circumstances.LIMITATION: Must be exercised with sound discretion and accdg to law . but after a discretion in its nature judicial . his own judgment upon the propriety or impropriety of the act done . without regard to. judgment of the performer to determine in which way it will be performed . conscience of others .DELEGATION > GR: No > E: Power to substitute another in his place has been given to him BEC he was chosen bec he was deemed fit and competent to exercise that judgment and discretion . not in a way which it specifically directs.discretion in the manner of the performance of an act arises when an act may be performed or a question may be decided in one of two or more ways.REMEDY: Mandamus! .Simple.NATURE: QUASI-JUDICIAL BEC the law commits to any officer the duty of looking into facts and acting upon them. and the course to be pursued is fixed by law .DUTY OF OFFICER: Obedience to laws. accdg to the dictates of their judgment and conscience. and discretion in determining how or whether the act shall be done or the course pursued .BUT Officer can decide on MEANS/METHOD employed .Nothing is left to the discretion of the person who must perform . proceedings that are prima facie valid .REMEDY: > GR: No Mandamus! Will not issue to control or review the exercise of discretion by a public officer where the law imposes on him the right of duty to exercise judgment in reference to any matter in which he is required to act (Aprueba v. Allowed. in obedience to the mandate of legal authority. uncontrolled by the judgment. or the exercise of. definite duty arising under conditions admitted or proved to exist and imposed by law .

When the law defines the time and mode in which public officers will discharge their duties . Discretionary Power: 1. Control .merely sees to it that the rules are followed BUT he himself does not lay down. Mandamus by person who will sustain injury be inaction 2. govern. Reasonable time RATIFICATION OF ACTS Voidable Acts Effect of Ratification: Estoppel v. mm. SACRIFICE OF LIFE AND LIMB i. modify. JUDICIAL REVIEW i.power of mere oversight over an inferior body .REMEDY IF NON-COMPLIANT: Order the act undone / re-done / do it himself 23. TIME OF PERFORMANCE xxv. Injunction to prevent act oo. uniformity.ii. E: If Reviewed. Even when the language may be permissive WHERE they are for the benefit of the public or individuals 2. He is the sole and exclusive judge of the existence of those facts 2.Those which are obviously designed merely to secure order. Mandatory . GAD 2. and dispatch in public business .If the act does not affect third persons and is not clearly beneficial to the public Relationship of the Officer and his Subordinates 1. Permissive . Arbitrary Decision 3. system. LIMITED to 1. E: Sacrifice necessary for safety. Discretion to be exercised upon his own opinion of certain facts 2.officer in control lays down the rules in the doing of an act . GR: Time designated BUT! Merely directory . iii. Want of power to perform original act nn. Ministerial: Yes 1. HOW: 1. and cannot modify or replace such rules xxvi. set aside what a subordinate had done in the performance of his duties and to substitute his own judgment for the of the latter . alter. direct. Obligation of the Officer 1. Supervision .power of an officer to manage. GR: No such duty ii. Fraud or Corruption ii. GR: NONE 1. happiness of human society XXIV.   E: UNLESS Required by law (negative words) Nature of act requires it Injury to Public interest/right If none. BEC No exercise of discretion 2.GR: powers conferred on public offices are generally construed as mandatory. State Void Acts 1.

DUTIES OF PUBLIC OFFICERS XXVIII. WHO ARE REQUIRED 1. as may show their assets. To obtain documents. Statement of Assets.XXVII. To act with civility WHAT . Liabilities. Congressmen .Not permitted to place himself in a position which will subject him to conflicting duties or expose him to the temptation of acting in any manner other than in the best interests of public . To act primarily for the benefit of the public To obey the law > COMPLIANCE ACCOUNTABILITY x.Of their financial and business interest WHY: All officers of gov’t are creatures of the law OTHERWISE.Not to use official power to further own interest pp. Authority of Ombudsman 1. business interests. Duty of Public Disclosure i. from all appropriate gov’t agencies > NOT BANKS! ii. public interest may be compromised if he acts in a manner that would promote his personal interests . To use reasonable skill and diligence WHAT: Use reasonable skill and diligence in performing DEGREE: Good Father ix.Performance of official duties . faithfully. To accept burden of office vii.E: Those authorized by law -Refrain from outside activities which interfere with proper discharge of duties > BEC Inconsistent with commitment to public service -Congress can declare inconsistent activities  No Conflict of Interest . of SALN of Spouses and Children 2. and Net Worth 2. of Identity of 4o Relatives in the Gov’t 3. As trustees for the public iii. 30d from assumption of office 2. and to the best of his ability primarily for the public benefit HOW: in such manner as to be above suspicion of irregularities WHY: undivided duty to the public EFFECTS  No moonlighting! .Technical Definition: In a given situation. To perform duties faithfully WHAT: honestly. 3-FOLD LIABILITY  Administrative  Civil  Criminal v. In choice and supervision of subordinates WHO: Public officer with appointing power WHAT: Make best available appt > Choose persons who can deliver DEGREE OF CARE: Depends of Nature of work and circumstances BUT! Ordinary care to ensure subordinates’ performance .In private and personal dealings with other people WHY: Public trust extends to all matters within the range of duties pertaining to the office viii. liabilities.Should be living examples of uprightness WHEN . net worth. To accept and continue in office WHAT: Person having requisite qualification has the duty to accept office when appointed/elected to it *Not literally because of involuntary servitude vi. financialy connections. iv.Upon assumption of office . Disclosure 1. WHAT 1.

Commercial purpose HOW: in manner provided by law 46. OP 1. as of first day 2. as of last day WHERE FILED 1. To curtail opportunities for corruption 33. 42. Secretaries: Congress 2. 6. XI. as of end of preceding year 3. 40. Honorary capacity ii. naval captain 5. At reasonable hours 4. AFP < colonel. April 30. 44. SC Clerk: SC 3. liabilities. Specific Duties i. net worth. CONTENT Real property. 3od from separation from service. 39. 29. Mutuc) and Transparency 32. Purpose contrary to moral. OMB National Office: P. Impvts.17 and Police Power WHY: Public good (Morfe v. Regional. 30d from assumption. current FMV 49. Spouses 3. Committee. AC 7.17) 36.Of assets. Temporary 2. OMB Deputy 1. 37. financial and business interests BASIS: Consti. Process of Documents. VP. Reproduction (10wd from filing) 3. PROHIBITED USES i. Other assets 8. Action on Letters and Requests: 15 working days from receipt to reply ii. Chairman: ConCom 5. SCOPE 1. CC 50. OMB: Office of Ombudsman 48. Laborers iii. Casual. CSC: All other public officials WHO APPROVES. All business interests and financial connections WHEN FILED 1. Inspection 2. Heads. 43. all nationals executive officials 2. Financial liabilities 9. To promote morality WHEN DISCLOSED TO PUBLIC (XI. ppolicy ii. To maintain standard of honesty in the public service 34. Assessed value. FORM: Under oath 47. Court Administrator: Judges 4. xxxv. For 10y after receipt 6. Personal Prop. VP Cabinet Congress SC ConCom Other Constitutional Offices Officers of Armed Forces with General/Flag rank v. Papers: Reasonable time from preparation to process and complete official papers and documents > case to case basis . REVIEWS COMPLIANCE WITH FORMALITIES 1. with Majority Approval of House: Congressmen and Senators 2. with DOJ Sec. CJ: Judicial dep’t 4. Employee . Acquisition costs. AFP > colonel. For reasonable fee 5. WHAT 1. Unmarried children under 18y and living in their household 3. Public Officials and Ees EXCEPT i. xxxi. WHO iii. approval: Executive Dep’t 3. xlv.Upon assumption of office and As may be reqd by law . President iv. naval capt. Annual Performance Reports: 45wd from end of year. 41. Public Officer. Responsible Officers to render full and complete report of performance and accomplishments > available to public iii. 38. qq. 2. local officials 2.xxx. Heads.

for inspection SIGNATORY REQUIREMENT 1. life and safety of an individual in imminent danger Privileged accdg to Law. commodities and to endanger stability of financial institution MEMORIZ E . policy-decisions. Legal constraints 5. When: Any written action. not later than 15wd from receipt 1. rr. Form: Written. simplicity. GR: Official Info. settled policy. Completeness. Documents 2. Safety: Disclosure would put 7. What: maximum 3 signatures EXCEPT as otherwise provided by law. adequacy of requirements. Fortuitous events. 6. orders. decision 2. Foreign Affairs: IRD must be kept secret in the interest of i. Unjustifiable disclosure of investigative techniques and procedures Premature: It would prematurely disclose info i. Security. Lack of resources 4. 3. Policy. Disclosure of identity of confidential source iv. POLICY OF TRANSPARENCY i. Fault.iv. Petitions. 4. SCOPE 1. EXCEPT IF.. vi. Jurisp: IRD falls within established privilege / recognized exceptions as may be provided by law. action 3. the State adopts and implements a policy of full public disclosure of all its transactions involving public interest ii. v. data. memoranda Personal and Private Info of personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy Investigation IF 4 Investigatory records compiled for law enforcement BUT only if I-I-I-T i. BASIS: Constitution Subject to reasonable conditions prescribed by law. jurisprudence Drafts: Drafts of decisions. Services of their Offices): Promptly and expeditiously. rulings. Likely to lead to significant financial speculation in currencies. failure. Interference with enforcement proceedings ii. Records.. Deprivation of right to fair trial and impartial adjudication iii. regulation 3. info necessary for decision. securities. complexity of subject matter 2. national defense ii. PIPI-PDS 1. Secret for National Defense. Who: Duly authorized signatory > Next-in-rank / OIC > Authorized person 1. Verbal Public Accessibility of Documents: Reasonable working hours. Imminent Danger to Life. national security iii. negligence of party concerned 6. force majeure Public’s Personal Transactions (Requests. Nature. conduct of foreign affairs 2. 5.

Likely to frustrate implementation of proposed official action .ii.

avoid wastage of public funds 2) Professionalism .Loyalty to the RP and Filipino people 7) Commitment to democracy . co-chair o Chairman of COA o 2 Government Employees appointed by President o Secretariat .no discrimination 4) Political neutrality 5) Responsiveness to the public .violations are not penalized (Samson) E: Conduct unbecoming which is punishable WHAT: 1) Commitment to public interest .A. Rural Bank) 3) Justness and Sincerity .lead modest lives appropriate to their positions and income HOW ATTAINED: System of Incentive and Rewards • Criteria o Years of service o Quality and consistency of performance o Obscurity of position o Level of salary o Unique and exemplary quality of achievement o Risk. co-chair o Chairman of CSC.primary objective of civil service .No such offense as unprofessional conduct (Samson. skill .LI. Reyes v.people-oriented 8) Simple Living .broad statements . courteous.prompt. temptation inherent in the work o Similar • Form of Incentives: Determined by Committee on Awards on the basis of merit and fitness principle • o o o o o o Bonuses Citations Directorship in GOCCs Scholarship grants Paid vacations Auto promotion to next higher position or salary increase Who is COMMITTEE ON AWARDS for Outstanding Public Officials and Employees o Ombudsman. adequate service 6) Nationalism and Patriotism . intelligence. professionalism.over personal interest .perform duties with highest degree of excellence. NORMS OF CONDUCT OF PUBLIC OFFICERS BASIS: Code of Conduct and Ethical Standards for Public Officials and Employees (R. 6713) NATURE: .

Reimbursement for extra expenses by public official in performance of his duties .AS personal compensation to be paid to public officer for his services .received as compensation for services .All are more or less compensated because no one would run otherwise . DEFINITION HONORARIUM . Contract Right 4.token of appreciation . devices. Restraints rationally relate to enhancement of public service Property. 2. PER DIEM .Compensation for the days actually spent in the performance of official duties .such fees and compensation as the incumbent of the office is entitled to receive by law . Ownership of Records. GR: No compensation BEC Public Trust. LIV.Daily / Weekly iii.TO officers of higher degree of employment . subsistence while on duty outside their permanent station .profit arising from the office . data prepared by officer DEPENDS 1. periodical payment depending on the time and not on the amount of the services he may render .LII. v.voluntary donation in consideration of services which admit of no compensation in money . Property of public office 2. retirement benefits 2.pay for doing all that may be required of the official PRESUMPTION: If none provided. But NATURE AS PAY GIVEN FOR FULL TIME WORK (GSIS v. Law SALARY .TO lower officers LVII. 4.something given not as a matter of obligation but in appreciation for services rendered . COMPENSATION .Lodging. CSC) NATURE: Not indispensable to public office 1. Insignia.Fixed not as ordinarily by the year.Per annum . Activities are reasonably deemed inconsistent with public status and duties 2. Limited Protection from Publication Commenting on Fitness 3. Devices. Not name 2. perquisites. Fixed salary. NOT Property. iv. discoveries.ON fixed annual.Daily allowance given for each day an officer.salaries. fees. wages Per diems Fees Commissions Perquisites of whatsoever character 3. Constitution lvi. Inventions 1. RIGHTS OF PUBLIC OFFICERS lviii. PUBLIC: Indispensable in proper conduct of office Compensation 1. RIGHTS AND PRIVILEGES OF PUBLIC OFFICERS LIII. ee is away from her home base EMOLUMENTS .PAY FOR FULL TIME WORK WAGES . OFFICER: Not required by law and not indispensable in the proper conduct of office 2. then services are rendered gratuitously BUT WHY PROVIDE: . pensions. FORM 1. DETERMINING FACTOR 1. compensation. BEC Consent by running for office No Political and Business Activities IF 1. month but by the day . 3. BUT Not entitled to same protection as ordinary citizen 4. 5. inventions. WHY: Public Officers do not cease to be citizens in becoming a public officer SOURCES lv.

PROHIBITIONS ON SALARY 1.Services were rendered anyway . no pay 2. at the time of credit into acct 8.Tantamount to suit v. WHEN RIGHT VESTS: When service is actually/constructively rendered i. E: Law i. 985) . No Attachment. COA) 6.DFO received compensation with risk of reimbursement BEC Position never became vacant (Monserrat) b) DFO appointed without a DJO (Rodriguez) 3.. but are sufficiently equivalent as to the level of DRQ of the work.No work.DJO with better right to the office and THUS entitled to backwages . no power to reduce during term.PPolicy BEC fatal to public service . RATES OF SALARY Effect: DFO not obliged to reimburse BEC No DJO at time of appointment 7. subject matter of work. Judges. ii. De Facto Officer ISSUE: RECOVERY OF BACKWAGES a) De Jure Officer is illegally dismissed De Facto Officer is appointed Effect: DJO can recover from DFO BEC . State REQT: Physical delivery to public officer If cash. ConCom.No Work No Pay NA to DJO BEC he was prevented from working . NO PAY 5. VP. If bank acct. PROTECTION OF SALARY 1. RECOVERY OF COMPENSATION WHO: De jure officer WHEN: After adjudication and notice of protest in his favor OTHERWISE. alter BUT Afterwards. tenure RE: P. Execution.GRADE is fixed by law *NOT ENTITLED: EX OFFICIO BEC Services are already paid for and covered by the compensation attached to the principal office (Bitonio v. NO WORK. no pay GARNISHMENT What: Species of attachment for reaching credits belonging to the judgment debtor owing to him from a stranger to a litigation RATIONALE .GRADE determines salary .Money still public funds while in the hands of the disbursing officer THUS Diversion of public funds if so attached . to warrant the inclusion of such classes of positions within one range of basic compensation . With De Facto BEC No work.D. delivery. No agreement affecting future compensation (unearned bec unperformed services) RATIONALE: -PPolicy .All classes of positions.5) WHO FIXES RATES  Congress Nature of Discretion: Absolute power to fix. although different with respect to kind. SC. Garnishment BEFORE being paid to him RATES GR: Standardization of compensation of government officials (IX-B. OMB  Delegated within limits prescribed by law E: Substantive differences in NATURE of Position  Duties  Responsibilities  Qualification requirements of the positions SCHEME TO DETERMINE SALARY: SALARY GRADE SYSTEM (P. iii. provides for it Consti Statute Ordinance FROM: Gov’t.

C: As of now. appointive public officer. ee Shall receive additional. he will accept. research)  Humanitarian EXEMPTIONS  SALNs  Disclosure  Divestment  Eligibility  Security of Tenure PROHIBITIONS  Supervisory functions  National security positions  Access to confidential info UNLESS Authorized by proper authorities  Regular plantilla positions  Crediting such services as gov’t services in availing retirement benefits  Facilities and resources of office for partisan political purpose  UNLESS otherwise provided in terms of designation vii. there is no law allowing them to strike E:    vi.8 . Sale. or donate it to treasury / TP BEC it would jeopardize faithful and satisfactory performance of duties  Barter. Assignment of unearned salaries BEC it would impair efficiency  Division of compensation with others. NOT double appointments Not from Gov’t  Compliance with rule on nepotism FUNCTIONS: CHRAPS  Advisory  Consultancy.2: Right of all workers to SO.IX-B.XIII.III. Self-Organization BASIS: . accept other legal compensation.3.5: Right to SO shall not be denied to gov’t ees . indirect compensation GR: No elective. No additional. not by contract 2. FREE VOLUNTARY SERVICE WHAT: Services rendered By persons who are in gov’t Without pay. Counselling  Recommendatory  Professional services  Staff work (planning.-Perversion of purpose of compensation as remuneration for services rendered -Denigrates integrity of public office to commercial undertakings and not public service EXAMPLES  Agreement that. indirect compensation > Double compensation for dual. double. compensation REQUIREMENTS  Issuance of appropriate doc  Fitness and suitability for the duties and responsibilities of the particular position . if the candidate be chosen.De Leon: Allowed if done outside gov’t office hours .force concessions.realize their demands or .2. multiple offices Specifically authorized by law BEC Just and Necessary FOR Exercise of Primary Functions of Office Distinct offices BEC Law prohibits double compensation. economic or otherwise From their respective agencies When: . including the right to strike in accordance with law LIMITATIONS: 1) PROHIBITED CONCERTED ACTIVITY OR MASS ACTION What: any collective activity undertaken by gov’t ees Either by themselves or thru ee’s orgs With the intent of effecting work stoppage or service disruption In order to . double. accept less. candidate promises to share emoluments with person who assists EFFECT: Officer can still recover amount due him BEC determined by law.

PREFERENCE IN PROMOTION WHEN: Vacancy in position in the first level of the Career Service WHAT: Considered for promotion are ees in the dept . group of indivs by the govt -in consideration of services rendered.-B. almost at the same time Under circumstances evidencing collusion. Parliamentary Immunities (Freedom from Arrest. deprivation without due process GRATUITY PENSION . Due Hearing and Finding of Guilt by proper authority xi.Granting that both possesses the reqd qualifications. gratuity BUT DEFERRED INCOME for services already rendered Nature: Right which vests upon retirement IF Participation is mandatory THUS Entitled to immediate payment OTHERWISE. common design to Participate in a prohibited mass action REMEDY: Right to COLLECTIVE NEGOTIATION .Not mandatory . BASIS: WHAT:    Temporary Employees . suspended EXCEPT FOR CAUSE Charge. civil or military o NOT a dole-out. • What o PENSION WHAT: Removed.BEC -appt must be based on merit -apptg power has discretion and prerogative of choice of the one he deems fit for appt ADVANTAGE (Meram v. -in recognition of merit.discussion to reach a solution to issues affecting both parties viii. replacement is made only for justifiable reasons ix.6.ee appointed on a permanent basis To a position previously determined to be next-in-rank To the vacancy proposed to be filled and . held liable in any other place for any speech Immunity from libel suits x. qualified. Inquiry) WHO: Congress WHEN: Offenses punishable by not more than 6y While Congress is in session WHAT: Privileged from arrest Cannot be questioned. Edralin) .who occupy the next lower positions in the occupational group under which the vacant position is classified and in other functionally related occupational groups. with appropriate civil service eligibility WHO: Qualified Next-in-Rank Employees . the one who is next-in-rank deserves to the appointed xii. SECURITY OF TENURE NATURE OF NEXT IN RANK RULE : .who are competent. and • regular allowances paid to indiv.who meets the requisites for appt thereto Encourage professional growth Superior skills Greater dedication MORE EFFICIENT PUBLIC SERVICE (Overriding factor) WHY: IX. more ees of the same agency Apply for leave simultaneously. such protection as may be established by law Security of Tenure Prevent indiscriminate dismissals of temporary ees Separation.Rationale: Terms and conditions of govt employment are fixed by law 2) MASS LEAVE OF ABSENCES What: when five.Limited to Promotion .2.Only a PREFERENTIAL CONSIDERATION for promotion .

All members are required to pay contribution . allowed to continue in service to complete 15y • New Rule (Rabot): Allowed only 1y after retirement age to complete years of service • Purpose: Humanitarian Purpose of Efficiency. garnishment. levy. Well-Being o To encourage faithful and competent ees  to enter and remain in service  to render faithful and efficient service o To permit them to retire with relative security o To allow ees who have become incapacitated to retire from service with financial security Basis: Revised Government Service Insurance Act (R. though tardily. 56 of the SSS (Financial Assistance Benefits) is a supplemental retirement/pension benefits plan THUS VOID Construction of Retirement Laws: Liberally construed and applied in favor of persons intended to be benefited by them UNLESS law provides otherwise o BOP with State to show that applicant is not qualified for pension o Cannot be withheld regardless of ees’ monetary liability to govt o Computation on basis of highest salary. Sec. Security. 28(b) bars the creation of any insurance or retirement plan. CSC)  Giving best years of their lives to service for their country. adequate compensation for services already rendered for which one had not received complete and adequate reward at the time when such services were rendered • -donation -act of pure liberality on part of State • -Until Expiration of Term with option to continue life insurance coverage by paying both employer and employee’s share NATURE OF MEMBERSHIP: Compulsory .-more than act of generosity -act of justice emanating from desire to provide. election and oath of office • • • • • • . starting at 5y  Cash Payment 18 x BMP + basic monthly pension for life. immediately upon retirement o Why: Reward for service to govt (GSIS v. other processes BENEFITS GRANTED RETIREMENT BENEFITS o What: Old age pension  5y Lump Sum (60 x basic monthly pension) + basic monthly pension for life.A. honoraria  Uniformed members of AFP and PNP ADVANTAGES: Exempt from attachment.E: Judiciary and ConCom SCOPE OF MEMBERSHIP  All employees in the service on 24 June 1997  Bgy and Sanggu officials who receive basic pay  Those receiving per diems. Retirement Plan (Conte v. especially where they could have spent it more profitably in lucrative appts in the private sector  Selfless dedication to govt service o Who   60 years old (or mandatory 65 y/o retirement age) 15 years of service • COMPLETION OF 15y SERVICE REQT is merely a privilege (Cena) • Old Rule (Cena): Upon 60y. other than the GSIS  Resolution No. COA)  RA 4968. emolument. 8291) o Nature: EXCLUSIVE Insurance. allowance received  EXCLUDES Honorarium bec only token of appreciation (Allarde v. COA) DURATION: -Upon employees’ assumption to duty pursuant to a valid appt.

100% of average monthly compensation x each year of service he paid contri . are minimal and not absolutely determinative in determining who would qualify as recipients • Contract of adhesion with GSIS and if GSIS did not deduct. it was by its own choice  REMEDY: Deduction from the amt of retirement benefits accruing to them of reasonable amt corresponding to contri which should have been deducted during the pd • • • • SEPARATION BENEFITS . pensions vests in the eligible ee • Not for years subsequently • To require the retired priest to continue devoting his life to the work of the SDAC would mean that he never really withdraws from his office  . CSC)  Facts: Vice-Governor held over position and was paid per diem but treated as compensation in computing retirement benefits. • willful intention to kill himself or another  . merger. • notorious negligence.18 x BMP at resignation + Life pension • UNEMPLOYMENT.In service at the time and has exhausted sick leave credits .Separated but has paid 36 monthly contri within 5y pd preceding / . at which juncture the right to retirement benefits. South Philippine Union Mission of the Seventh Day Adventist Church) • Conditions of eligibility for retirement must be met at the time of retirement. pensioner who dies o What: 50% BMP x 2 (Basis Survivorship and Dependent’s Pension) FUNERAL BENEFITS LIFE INSURANCE BENEFITS o Who: All members compulsorily and auto covered  E: AFP. Not receiving monthly pension benefit from permanent total disability WHEN REQD: At time of retirement (Brion v.In the service at the time / .Separated but has paid 180 monthly contri prior  From date of disability o Temporary total disability  Not due to • grave misconduct. she did not pay contributions to GSIS  Held: ALLOWED! • Social legislation • Basis of retirement benefits is service to govt • Contributions.Separated but 3y service and paid 6 monthly contri within 12m preceding SURVIVORSHIP BENEFITS o Who: Beneficiary of member. privatization  Paid the stipulated 12 monthly integrated contri o What: 50% AMC DISABILITY BENEFITS o Permanent total/partial disability  . PNP •  o o Contests: GSIS with OEJ to determine qualification for old-age pension benefit based on years of service REQT OF PAYMENT OF CONTRIBUTION (GSIS v. while necessary. It was assailed bec. INVOLUNTARY SEPARATION BENEFITS o Who  Permanent ee  Involuntarily separated due to reorg. • habitual intoxication.

REMEDIES TO ILLEGAL DISMISSAL 1. BACK SALARY  FROM WHOM • Govt • Superior Officers IF in BF (David v. FOR: REIMBURSEMENT. tantamount to punishing him after his exoneration  PARDON OF CONVICTED EMPLOYEE (Monsanto v. suspension  Can recover full amt BEC He is considered as not having left his office  Even if already paid to another. CA: Two kinds of preventive suspension  Pending investigation – CANNOT RECOVER BEC it is lawful . condition from which one has been removed.not covered by salary. no pay o None for lawful separation o None for lawful suspension EVEN IF subsequently determined that the cause was insufficient BEC there is ground for suspension Preventive suspension is LAWFUL! allowed by law! • EXCEPTIONS:  Unlawful removal.for the valid purpose of securing integrity of public service  Pending appeal. REINSTATEMENT  WHAT: Restoration to a state.CAN RECOVER IF EXONERATED BEC Premature dismissal. Factoran)  GR: NO ipso facto restoration to office • EXCEPTIONS • Expressly restored by pardon o “Full exercise of his political rights” is substantial compliance • Expressly grounded on person’s innocence o HOW If offense not abrogated  Mere restoration of eligibility for appt THUS must reapply and undergo procedure for new appt  No backpay BEC of guilt 5y max. NOT Full back salaries from illegal termination up to reinstatement 3. PRESCRIPTION OF ACTION WHAT: Restoration of the income that was lost by reason of unlawful dismissal WHEN ALLOWED • GR: None BEC no work. Gania) Preventive suspension pending appeal and exonerated  Gloria v.which law requires to be incurred . default xiv.not attributable to neglect. commission .xiii. which new appt is invalid BEC Position never became vacant and vacancy is unlawfully created THUS yields to superior right of claimant as removal for cause  Even if he had earned salaries from other employment during his unlawful removal BEC Wrongfully prevented from entering the office and carrying out his duties • LIMITATION: • PRESCRIPTION: 1y from being ousted o Must assert reasonable diligence in asserting right to reinstatement . separated GR: Former Position E: Comparable Position 2.on the acct of the public .the law authorizes it . INDEMNIFICATION Expenses .in the due performance of duties .

lost right to reinstatement by unreasonable delay in asserting his rights BEC -Public interests require that such right should be determined as speedily as practicable -The law aids the vigilant and Not those who slumber on their rights • REMEDY: Ordinary Civil Action o Quo Warranto o Mandamus .o o OTHERWISE.

whether promotion/demotion .to same level for which he is qualified . station where the position is located is specifically indicated on the face of the appt letter Vinzons-Chato v. . salaries. agency to another 2) REASSIGNMENT – organizational unit to another in the same dept. Sto.BEC It is a New Appt .Interests of Public Service (Emergency) BEC like detail and only temporary BUT Can still APPEAL to CSC TEMPORARY APPTS . or organizational unit in same dept. DEFINITION . Natividad: No right to place if none specified .dept or agency to another. Reward Transfer .upward vertical movement of the ee’s rank/position . IMPT: All shall be in accordance with such rules. involving an unconsented lateral transfer E: No Consent Reqd . Liable for Disciplinary Action as in Divinagracia v.issued to a person who has been selected from a list of qualified persons certified by the CSC from an appropriate register of eligibles and who meets all the other reqts of the position ii.restoration to a state.any action denoting movement. Appt thru Certification . Tomas. progress of personnel in the civil service ss. level. separated .NOT IF transfer is • only a preliminary step towards removal • a scheme to lure him away from his permanent position • designed to indirectly terminate his service • designed to indirectly force his resignation iv. agency . condition from which one has been removed.advancement from one position to another with increase in duties.OTHERWISE.NATURE: Gift. standards.WHO REINSTATES: CSC Accdg to sound judgment and discretion iii.KINDS 1) DETAIL – dept.permissible even without consent . responsibilities. pay (usually) as authorized by law > Increase in salary is only incidental . PERSONNEL ACTION LX. and regulations as may be promulgated by the CSC tt. responsibilities.NATURE: Not disciplinary if in the interest of public service . agency *NOT: Non-career to career .movement from one position to another which is of equivalent rank. Reinstatement .Temporary Appts .station-specific. when particular office. Promotion > Needs new appt . salary without break in service involving issuance of appt .LIX.ISSUE: WON Apptg Authority has the prerogative to make transfers GR: NO there must be CONSENT to transfer .EVEN IF Same level of rank. KINDS i.

status. transfer . Joson) vi. death.Salary from mother agency . salary OTHERWISE.names of persons appointed permanently in career service but separated as a result of reduction in force/reorg/retrenchment shall be entered in a list from which selection for reemployment shall be made Detail .movement from one position to another involving the issuance of an appt with diminution in duties.REMEDY: Appeal to CSC BUT Executory unless CSC enjoins vii. status. retirement.EFFECT: (PD 807) .Mother agency relinquishes to receiving agency administrative supervision over detailed ee . Separation Attrition . viii. Reemployment . rank which may/not involve reduction in salaries service . scientific positions . Reassignment .tantamount to removal IF Assigned to a lower. agency to another without issuance of an appt shall be allowed only for a limited period (max 1y) extendible with consent of detailed ee and within authority of mother agency in the case of ees occupying professional. . constructive removal Demotion . technical. responsibilities.appts to fill vacant positions in the govt (CSC v.reduction of personnel as a result of resignation. dismissal. less impt position in same which has lower rate of compensation if no cause is shown for it (Domingo v.movement of ee from one dept. Carague) ix.For those illegally dismissed v. grade.reassigned from one org’l unit to another in same dept without new appt but must not involve reduction in rank. x.

Not to hold any other office. ent UNLESS otherwise provided in Consti itself WHY: .EVEN IF He resigns. PRESIDEN T.Ensure dedication . designation in any capacity to any public office. ASSISTAN TS 1. (special) privilege. GOCCs. loses seat before end of term . franchise.De Leon: Includes ex officio mship of any noncongressional body UNLESS Connected with / In aid of legislative duties . in/directly. DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS LXII. position during tenure . DEPUTIES. Not to engage in the active mgt.separation of powers BEC OTHERWISE.LXI.EFFECT OF VIOLATION: Auto termination of elective seat FORBIDDEN OFFICES 2. quasi-judicial.it would further delay the disposition of cases DOUBLE OFFICER Elective official shall not be eligible for appt. ET. ACTING CONSTITUTION VICE PRESIDEN T CONGRESSMEN CONSTITUTIONAL COMMISSION 1. ent in govt UNLESS Otherwise allowed by law by primary functions of his positions WHY: . control of any busi which in any way may be affected by the function of his office 4. Not to practice any other profession 2. Not to be designated to any agency performing quasi-judicial. Not to be financially interested.EFFECT OF VIOLATION: No termination in first seat BEC Void appt 3. Not to be apptd to any office created/salary increased during his term for which he was elected . in any contract. Not to practice any other profession which in any way may be affected by the function of his office 3.To devote full tine and attention to official duties .To assure the public that they will be faithful and dedicated in performance of functions INCOMPATIBLE OFFICES 1.it may compromise the independence of the members in the performance of their judicial functions .EFFECT OF VIOLATION: No loss of elective seat bec void appt Appointive official shall not hold any other office. admin body . Not to hold any other office. Subject to CONTROL of the Executive .To prevent special favors to their own private business . designated to a civilian position in govt at any time 2. ent in the govt during his term without forfeiting his seat . administrative functions WHY: . granted by govt.EVEN IF No fees are charged for it WHY: To remove any possibility of influence upon the judges of these courts who might be swayed in their decisions by their hope for future appts to higher positions 1. Not to participate in/directly in any business 3. Not to personally appear as counsel in any court of justice. subsidiaries . ent JUDICIARY CIVIL SERVICE CABINET.Prevent double compensation Member of AFP in active service shall not be apptd. Not to hold any other office.

Appointive not to accept present. ConCom.After tenure WHY: Public office is a public trust 5. No.EXCLUDES Private. Expressing views on current political problems. Not to intervene in any matter before any office in Govt either: For his pecuniary benefit or Where he may be called upon to act on account of his office WHY: To insure that his every vote on any pending legislative measure shall be dictated by no other consideration than the public good Elective. officer of corp. emolument. during their tenure: 1.Just jealousy of alien influence in domestic affairs .such activities as participation in political campaigns. entity in which they have controlling interest (51%) THUS EXCLUDES . Cannot appoint spouse. Personal gift WHY: . Congress 5. partisan political campaign WHAT: ELECTIONEERING or PARTISAN POLITICAL CAMPAIGN . in/directly any loan. office. issues 2. spouse .interest which involves financial investment or .Opinion of Secretary of Justice. SC 6. . Mentioning names of candidates he supports (P v. in CSL) WHAT: Present officially offered by govt of a foreign state . financial institution TO. OMB. parades.As individual. other form of financial accommodation for any business purpose by any GOC-bank. VP 3. conventions.WHAT: FINANCIAL INTEREST . Any firm.No controlling interest . caucuses.Discourage and prevent foreign influence in the affairs of govt Not to engage in/directly in electioneering. partner.business out of which a member of Congress is to derive profit or gain .NOT: borrowing money from GOCCs SCOPE . title of any kind from any foreign govt without consent of Congress* (Pres.Loan not for business . To strictly avoid conflict of interest in the conduct of their office 5. soliciting votes or contributions in/directly etc. Series of 1948: Congress’ son or brother is allowed UNLESS used as dummy or he is pecuniarily interested WHY: Fiduciary nature of their position Not to be granted. Cabinet Members 4. President 2. 49. to have a candidate elected/not .EXCLUDES 1. Sec/Usec/Asec/Heads . relative 4o C/A to ConCom. guaranty.. 7.acts designed to promote the candidacy of a person.

Who 1.Only during emergencies .De Venecia) SCOPE: CAREER SERVICE ONLY . Ee in Career Civil Service What: Shall not in/directly -engage in any partisan political activity -take part in any election. Governors 2. issues 3) to mention names of candidates he supports . religious orgs .Excludes: Cabinet. to represent interest of govt in matters connected with / affecting the economy or financial system of country NIRC POLITICAL ACTIVITY Two Groups: A.MB Members fulltime What: • Limit professional activities to those pertaining directly to their positions with the Bank • Not accept any other ent E: -Charitable.In CIVIL CASES where LGU.CAN in ADMIN involving LGU of which he is an official BUT cannot collect appearance fee .CANNOT Use property. civic. Appointive not to receive additional. LAWYERS cannot appear as counsel . OTHER LAWS CIVIL SERVICE DECREE LOCAL GOVERNMENT CODE PRACTICE OF PROFESSION Two Groups A. City Mayor 3. Sanggunian members WHAT: CAN! LIMITATIONS: 1. Municipal Mayor WHAT: CANNOT -practice profession -engage in any occupation > What occupies your time > Strict View: celebrities not allowed > Liberal View: allowed! B. cause the CIVIL CODE NEW CENTRAL BANK ACT Who: 1. ee of govt is accused of offense committed in relation to office . plebiscite.Includes the Military E: To vote . Local Official.In CRIMINAL CASE where officer. personnel of Govt EXCEPT when defending interest of Govt 2. indirect compensation UNLESS Specifically authorized by law EXCLUDING Pensions.Governor of BSP 2. recall EXCEPT 1) to vote 2) to express his views on current issues 3) to mention names of candidates he supports -use his official authority to influence. Gratuities uu. ee of Civil Service AFP members What: CANNOT In/Directly -engage in any partisan political activity -take part in any election EXCEPT 1) to vote 2) to express his views on current political problems. Elective Officials Elective. cultural. referendum. DOCTORS OF MEDICINE .No monetary compensation PARTISAN POLITICAL ACTIVITY Two Groups A.Even during official hours .Designated by Pres. initiative. GR: Officer. double. Govt is adverse party .

operations.Personnel What: • Be officer. body B. CSC) o National o Provincial . office. any thing of value is to be transferred out of the resources of the LGU to such person. Appointive . in/directly. Elective Local Officials What: CAN take part in political and electoral activities EXCEPT: Unlawful to -solicit contributions from subordinates . work. business of any such institution E: Order of court. sale.Property in custodia legis pending litigation . games licensed by LGU 3) Purchase real estate. agents. ee. producer. DOUBLE COMPENSATION GR: Elective.State property which he administers . authorized govt office. in any supervised/examine d institution E: -Non-stock savings and loan assoc -Provident funds organized exclusively for ees of Bank -Otherwise provided in the Act • Receive gift for himself/another from supervised/examine d institution • Reveal info re: condition. officials. style. confidential info re business of any taxpayer WHICH knowledge he acquired in the discharge of official duties 2) Internal Revenue Officer Become interested in/directly in manufacture. title of any kind from any foreign state E: Consent of President* (v. body B. ee .BEC Right to free expression -use his official authority to coerce the political activity of any other person. Congress in Consti) performance of any political activity by any person. secret. estate of any taxpayer. compromises. emolument. renunciations 3.subject them to any of the acts involving subordinates prohibited in Omnibus Election Code ADDITIONAL. use any public prop of LGU for private purpoes 6) other prohibitions PURCHASE AT PUBLIC AUCTION .of any dye for printing.with any of its authorized boards. ees holding political offices What: CAN take part in political and electoral activities EXCEPT: Unlawful to -solicit contributions from subordinates . labels Me: No benefit reqd LIMITATION ON EMPLOYMENT OF LABORERS Not to be assigned to perform clerical duties NO DETAIL OR REASSIGNMENT: none whatsoever within 3m before any election NEPOTISM What: Appts and Designations in (Laurel v. income. attys WHEREBY -money is to be paid -property. double compensation E: Specifically authorized by law .shall not receive additional. SH. importation. making of stamp.subject them to any of the acts involving subordinates prohibited in Omnibus Election Code BUSINESS AND PECUNIARY INTEREST 1) In/directly engage in any business transaction with the LGU -in which he is an official. firm 2) Hold such interests in any cockpit. apparatus of any manufacturer. E: Public officers.Legal redemption. other prop forfeited in favor of LGU -for unpaid taxes or assessment or -by virtue of legal process at the instance of the LGU 4) Be a surety for any person contracting doing business with LGU for which surety is reqd 5) Possess. Congress.over which he has supervision power . agency • Borrowing from supervised/examine d institution UNLESS adequately secured and disclosed to MB DISCLOSURE What: Criminal to 1) BIR Official. ee Divulge to any person INFO RE: business. director. -of any certain goods subject to excise taxes or .shall not accept any present.

CIRA o Appointing authority o Recommending authority o Persons exercising immediate supervision over appointee o Chief of bureau..City Municipal governments Branch.. instrumentality. GOCCs EXCEPTIONS reported to CSC  Confidential Capacity  Teachers  Physicians  AFP Member Who: In favor of a relative of. office o o o o WHO is RELATIVE: 3o c/a .

ACCEPTANCE OF GIFTS . trustee. separation DISCLOSURE. control.Not to use.Causing undue injury to any party. benefit -in connection with any contract. permit CODE OF CONDUCT AND ETHICAL STANDARDS FINANCIAL AND MATERIAL INTEREST in/directly have any financial. transaction in which he is prohibited by Consti. or -in consideration for the help to be/given for securing govt license.GIFT excludes unsolicited gift of nominal.Gifts of nominal value as souvenir or mark of courtesy .cannot own. supervised.cannot practice profession UNLESS authorized by Consti. SB) > Stands out by itself BEC it can arise from mere gross negligence or stupidity yet liable! > You enter into a contract without gain. retirement. ee. nominee in any private enterprise regulated. separation . counsel. I PAID) ABET 1) Influence another PO to perform an act constituting -violation of lawful RRs -offense in connection with the official duties of latter 2) Allowing himself to be so influenced BRIBERY: Request. medical treatment .Scholarship. ill-financial motive and yet still held liable PROHIBITED INTEREST Having financial. or in exchange for. gratuity.recommend any person to any position in a private enterprise which has a regular. material interest in any transaction requiring approval of their office OUTSIDE EMPLOYMENT .to give undue advantage to anyone . MISUSE OF CONFIDENTIAL INFO .In/directly not to solicit. retirement. licensed by their office UNLESS expressly allowed by law DURING Term and 1y after resignation. advantage. consultant.to prejudice public interest SOLICITATION. preference DISADVANTAGEOUS CONTRACT Entering into any contract.ANTI-GRAFT AND CORRUPT PRACTICES ACT (BB. entertainment. pending official transaction with their office DURING Term and 1y after resignation.Travel grants. Law PROVIDED Such practice will not tend to / conflict with their official functions DURING Term and 1y after resignation. a favor from the PO > Be open-minded > GIFT MUST BE DISPROPORTIONATE TO THING DONE to be prohibited CONSENT OF CONGRESS . contract. separation re: matter before the office Javellana v. Law from having any interest CONFLICTING INTEREST BOARD . accept ent as officer. Sandiganbayan) . transaction b/w govt and any other party where PO in his official capacity has to intervene. retirement.Giving any private party unwarranted benefit. insignificant value not given in anticipation of. agent. DILG: No permit to practice law . broker. transaction on behalf of the govt manifestly or grossly disadvantageous to the same WON PO will/profited ELEMENTS (Duterte v. classified info officially known to him by reason of his office and not made available to the public in order . expenses for travel outside the Ph IF appropriate.to further private interest . loan. accept any gift. fellowship grant. including the govt 4 ELEMENTS (Llorente v. receive any gift. anything of monetary value from any person -in the course of their official duties or -in connection with any operation/transaction being regulated/affected by function of office . consistent with interests of Ph and permitted by head of office to which he belongs BIAS in the discharge of official functions: . divulge confidential. pecuniary interest in any business. favor. manage.

as provided under Act 3326 governing prescription for acts under special law (Miranda v. and not necessarily and particularly the office under which he is charged (Deloso v. benefit in favor of any person known as not qualified or legally entitled PENALTIES! . employee regardless of nature of title CONVICTION REQD: NO Any violation proven in a proper administrative proceeding shall be sufficient cause for removal.auto for 90d upon filing of Info .discharge their duties with utmost responsibility.imprisonment .elective.military.applies to ANY OFFICE which the officer charged may be holding at the time.In addition to a/o of public officers already penalized by existing law .In addition to a/o of public officials.EFFECT ON PRESCRIPTION: Proceedings under RA3019 shall interrupt the prescription under RPC. competence.removal . loyalty . appointive . SB and Bayot v. forfeiture .to promote high standard of ethics in public service DUTIES OF PO AT ALL TIME (LUBAD) .suspension .fine WHO: Any public official. privilege. existing laws PENALTIES .lead modest lives .act with patriotism and justice .confiscation. dismissal even if no criminal prosecution is instituted . permit.perpetual disqualification from office . granting any license. ees prescribed in Consti.-Becoming interested for personal gain -Having material interest IN any transaction requiring Committee/Board approval of which he is a member EVEN IF he votes against it or does not participate > VERY STRICT! PATRONAGE Approving. integrity.non/career .uphold public interest over personal interest NATURE OF PENALTIES . SB) SCOPE OF “PUBLIC OFFICIALS” . police WON Compensated PURPOSE . SB) EYE-CATCHING: Deloso v.be accountable to the people . which shall begin to run again if the proceedings are dismissed for reasons not constituting jeopardy.suspension pending criminal prosecution for violation / offense involving fraud upon govt PREVENTIVE SUSPENSION . SB NATURE OF PENALTIES .

owns or has a substantial interest in a business 2. or His rights or duties therein may be a. Board member ii. Public Official. Officer iii. Interest of such corp. is a Private Corporation i. DIVESTMENT What: Divest himself of his shareholdings. dispossessing oneself of his right. interest in any private enterprise DIVESTMENT transfer of title or disposal of interest in property by voluntarily. and actually depriving.REMEDY FOR CONFLICT OF INTERESTS i. is a Partnership Partner b. When: 30d from assumption of office . Substantial SH Owns in/directly SS sufficient to elect a director c. Affected by the faithful performance of official duty When Not Required:  In honorary capacity  Laborers  Casual temporary workers What: ii. relative (4o) When: 60d from assumption of office When Mandatory: Divest even if he has resigned from private position 1.. ee a. RESIGNATION Resign from his position in any private enterprise LXIII. title to it in favor of a person/s other than his spouse. completely. business. Opposed to b.

a/o of PO mat give rise to civil. or with malice -Officer who exceeds the power conferred on him by law cannot hide behind the plea of sovereign immunity and must bear the liability personally -Purpose is not directly to protect the sovereign but to do so only collaterally. Certiorari and Prohibition under Rule 65 against unconstitutional acts EXTENT OF LIABILITY: Co-Extensive with Duty 1. successively- . Malice. vigorous. To secure judgment that the officer impleaded may satisfy by himself. STATE IMMUNITY . Without Bad Faith.No estoppel against the State BEC in the performance of govtl function. No COA from breach of duty owing solely to public 3. neglect. effective administration of policies of government 68. officers lxxii. LXV. THREE-FOLD RESPONSIBILITY: Admin. LIMITED -Personally liable if outside the scope of duties. Prevent loss of time 70. the State is not bound by the mistake. by protecting the public official . without govt itself having to do a positive act to assist him 6. office 74. functions in the performance of their official duties . Duty owing solely to the individuals iii. LIABILITIES OF PUBLIC OFFICERS CAN PUBLIC OFFICERS BE SUED? CAN PO BE LIABLE? Only if BF. Individual without right of action EVEN IF injured 2. Within the scope of his authority. Gross Negligence. Ballot and removal procedures are more appropriate methods of dealing with misconduct WHAT: Immunity from civil liability if he acted 73. Encourage competent people to accept public office 69. Govt itself has violated its own laws BEC state immunity cannot be used as an instrument for perpetrating an injustice 7.king could do no wrong -protect the impersonal body politic or govt itself from tort liability KINDS OF LIABILITY vv. criminal. WHY: 67. and admin liability .LXIV.IMMUNITY FROM LIABILITY lxvi. Unfairness in subjecting officials to personal liability for subordinates’ acts 71. To require CIR to refund tax overpayments from a fund already available for the purpose 5. To compel treasurer to pay damages from an already appropriated assurance fund 4. NON-APPLICABILITY: Sued without Consent 1.three remedies -can proceed independently of the others -can be pursued simultaneously. REDRESS is by public prosecution 2. wrongdoing of its agents. Rarang: Publication of a libelous art is purely defamatory THUS outside the scope of authority THUS personally liable OFFICIAL IMMUNITY -protective aegis for public officials from tort liability for damages arising from discretionary acts. Mandamus: To compel him to do an act required by law 2. NATURE GR: INDEPENDENT . or in GF Wylie v. Malice. Promotion of fearless. To restrain enforcement of law claimed to be unconstitutional 3. Duty owing solely to the public 1. GN lxxv. Civil. Criminal i.QUALIFIED.

Ferrer Case ruled that administrative cases are distinct from criminal cases thus they do not affect each other . Rayala ruled that a single a/o can give rise to three liabilities WHERE the officer was suspended administratively despite acquittal bec express solicitation is not reqd in administrative cases Penalized for 1y because there’s already a hostile environment . AND THUS.E: Larin v. Executive Secretary BEC OF FACTS OF CASE .SC in LARIN CASE exonerated Larin from administrative liability due to his acquittal in the criminal case -SC ruled that the acts for which he was criminally charged were not illegal.Domingo v. the administrative charges against him had no leg to stand on .

CAUSE OF ACTION PURPOSE QUANTUM OF EVIDENCE RULES OF PROCEDURE

ADMINISTRATIVE Breach by PO of the norms and standards of public service Protection of public service and interest Improvement of public service Preservation of public faith and confidence in govt Substantial evidence, such relevant evi as a reasonable mind might accept as adequate to support a conclusion Technical rules of procedure not strictly applied Rules of Court applies only suppletorily! BUT Applied in CSC v. Colanggo for the administration of justice WHERE he was allowed to take a deposition for his administrative case against airport personnel who extorted money from hum as he was already out of the country COMPLIANCE WITH DUE PROCESS -Fair and reasonable opportunity to be heard -Opportunity to file MR “Formally Charged” - Filing of complaint by disciplining authority - Finding of existence of prima facie case by DA if complaint is filed by private person EFFECT OF WITHDRAWAL OF COMPLAINT BY PRIVATE PERSON: NONE Disciplining authority not divested of jurisd BEC He is only a winess Burden of Proof: Complainant BEC Presumption of regularity Not entitled to findings, recommendations of investigating committee BUT only to the administrative decision based on substantial evi made of record (Perfianco v. Moral) GF is not a defense Counsel: Not indispensable but desirable Effect of Death: None EXCEPT: - Right to due process may be denied to respondent - Exceptional circumstances for equitable, humanitarian resons Acts, Omissions of PO may constitute both a crime and BUT INDEPENDENT Prosecution in one does not bar the other BEC Independent REELECTION OF ELECTIVE OFFICIALS - No longer amenable to admin sanctions for infractions allegedly committed during previous term - WHEN: Elective official is REELECTED DURING PENDENCY of admin case - NA: Appointive officials BEC no disenfranchisement

CRIMINAL Violation of penal law Punishment of a crime Beyond reasonable doubt

CIVIL Breach by PO of duty or wrongful a/o by which indiv is damaged

Preponderance of evidence

- Finding of probable cause by investigating prosecutor and the consequent filing of information in court with prior written approval of prov. Fiscal, city prosecutor, chief state prosec., Omb - Finding of PC by prosec., judge when PI is not reqd - Finding of cause, ground to hold accused for trial pursuant to Summary Procedure State BEC of Presumption of innocence He who alleges

Official capacity, Lack of Corrupt intent are not defenses DEFENSES: Law exempts; Impossible performance Right to counsel

Defense: Within scope of authority and without BF

PREJUDICIAL QUESTION / DOUBLE JEOPARDY RES JUDICATA / LITIS PENDENTIA CONDONATION

administrative offense Dismissal of criminal case for insufficiency of evi does not foreclose admin action (See LARIN CASE) Criminal proceedings or liability subsists BEC Crime is a public wrong

May be PQ to criminal only Favorable decision in civil suit will not absolve him from admin liability Civil proceedings or liability subsists

WHY: - Each term is separate - Reelection is a condonation of the official’s previous misconduct BEC they elected him with knowledge of his life and character - THUS cutting off the right to remove him

ii.

CIVIL LIABILITY 1. Immunity as a General Rule

WHEN: - PO, whether judicial, QJ, executive, is not personally liable to one injured in consequence of an act performed within the scope of his official authority and in line with his official duty - Quasi-judicial officer invested with discretion is usually given immunity from liability to persons who may be injured as a result of an erroneous, mistaken decision, however erroneous the judgment may be, provided the acts complained of are within scope of authority and without malice (PRC v. Bonifacio) WHY - Govt can act only thru individual persons - Persons’ liability, if any, is only in their official capacity THUS cannot be held personally liable 2. 2.1 Duty owing to individual Requisites for Personal Liability

(De Rama v. CA where Provincial Board of Cebu abolished 30 positions due to economy and thus separated 200 ees YET hired 1000 new ees, renovated office, and bought new mercedes benz THUS in bf) EXCEPTION! JUDICIARY!!!!!!! 2.3 Damage to individual 3. Rationale for Liability for Tortious Conduct

NOTE: BF is punished! GF is protected (Quimsing v. Lachica) WHY NOT LIABLE IF WITHIN SCOPE OF OFFICIAL AUTHORITY - Risk of injury to the public is inherent in the activity - His negligence will be regarded as decisional in nature and hence, immune WHY SO IF OUTSIDE - Even if in the course of ent, he cannot shelter himself by a plea that he is a public agent - In the eye of the law, his acts are wholly without authority 4. Basis of Liability 1. NCC, Art. 17 > Neglect of duty

2.2.Wrong, violation of the right of a party committed by PO a) Acted outside the scope of authority OFFICIAL AUTHORITY - prescribed by statute - specifically requested, directed by superior officer - done by an officer in relation to matters committed by law to his control or supervision - more, less connection to the dept under whose authority the officer is acting (PRC v. Bonifacio) b) Acted with BF, Malice, Gross Negligence WHAT: PO is not immune from damages in his personal capacity arising from illegal acts done in BF WHY: - tort, other wrongful act done in excess, beyond scope of his duty is not protected by his office - OTHERWISE, sanction use of public office as a tool of oppression

DUTIES OF CITY FISCAL: To Prosecute, or Not to Prosecute - Duty to prosecute crimes only where there is enough evidence to justify such action - Equal duty not to prosecute when after investigation, he is convinced that the evidence available is not enough to establish a prima facie case (Zulueta v. Nicolas) 2. NCC, Art. 32 > Obstruction of constitutional rights GR: Proceeds independently of criminal action E: JUDGES! Acts must constitute violation of penal law

3. NCC, Art. 34 > Police officers of city, muni 5. Damages Recoverable 1. Moral Damages 2. Exemplary Damages Effect of Contributory Negligence: Cannot recover

6.

judgment is manifestly erroneous. there will be no basis to conclude WON administratively liable GROUND: Gross ignorance of the law Incompetence Misconduct QUANTUM OF PROOF: Substantial Evidence! Alcuzar v. Chuoco Tiaco) SCOPE: Includes acts of Heads of Executive Depts BEC of Qualified Political Agency / Alter Ego Principle (Villena v. Ever Emporium v. IMMUNITY OF LEGISLATIVE OFFICIALS PRIVILEGES OF MEMBERS OF LEGISLATIVE BODIES • General Liability • Privilege of Arrest • Speech WHY: Support the right of the people in enabling their representatives to execute the functions of their office without fear of prosecution zz. corrected only by appeal BEC UNTIL there is a final declaration by the appellate court that the challenged order. IMMUNITY OF DISCRETIONARY OFFICERS WHAT: Generally immune from civil liability in performing discretionary functions INSOFAR as their conduct does not violate clearly established statutory. DISHONESTY. Casipit (2007): BRD BEC Highly penal in character Macias v. Maceda) An error of judgment may be reviewed.ww. CORRUPTION Criminal liability for dereliction of duty -for knowingly rendering an unjust judgment. constitutional rights which any reasonable person would have known yy.Otherwise.EVEN IF IN BAD FAITH BEC the judge is under severest labor and painful sense of responsibility in cases of great conflict in the evidence and doubt as to the law YET losing party feels most keenly the decision against him THUS disappointments occasioned by an adverse decision often finds vent in imputations of malicious motives . obstruction of justice . disastrous in its consequence it may appear . by following lines of least resistance and tempering the force of his executive arm in places and upon occasions where there is strong opposition either by powerful and influential persons or by great vested interests WHEN .BEC judicial officer is called upon by law to exercise his judgment in the matter and the law holds his duty to the individual to be performed when he has exercised it however erroneous. inevitable tendency is to protect himself and be biased. IMMUNITY OF JUDICIARY WHY NOT CIVIL LIABILITY . interlocutory order > Difficult to demonstrate • Contrary to law • Not supported by evidence . Finance Secretary) xx. Macias (2009) and Gutierrez v.No court has ever held and no final decision will ever be found holding an Executive personally liable in damages for the exercise of discretionary power under a law before it has been held unconsti (Moon v.IMMUNITY OF THE PRESIDENT WHY .If not immune from liability. Belen (2008): SUBSTANTIAL ONLY BEC No compelling reason to require higher degree of proof 2) CRIMINAL LIABILITY! Prosecution by the State GR: Acts of a judge in his judicial capacity do not always constitute misconduct and are not subject to disciplinary action EVEN IF erroneous E: IF ATTENDED BY FRAUD.REMEDIES: 1) ADMINISTRATIVE LIABILITY (AFTER APPEAL.Governor-General has the power and duty to deport aliens BUT liable when he acts so clearly outside of his power and authority that he cannot be said to have exercised discretion and judgment THUS he acts not as Governor-General but as a private individual (Forbes v. Harrison) .

Rural Bank of San Miguel) . purchase supplies. MALFEASANCE WHAT > BF! -Doing that which the officer has not legal right to do at all Either through ignorance. negligent subordinates. care which the law requires in the performance of his duty • INEXCUSABLE if implying manifest injustice which cannot be explained by a reasonable interpretation aaa.Bad precedent if head office plagued by all too common problems – dishonest. in Arias) -No command-responsibility! I am not my brother’s keeper WHO Officials in executive branch Who do not belong strictly to any of the traditional branches of govt and Are vested with discretion and Empowered to exercise their judgment in matters brought before them WHEN: Judicial functions only! • Ministerial Acts: Liable for carelessness. enter into negotiations (Arias v. negligence • Judicial Functions: Immune as judges bbb. malice -Acts without any authority whatsoever -Exceeds. abuses his powers EFFECT OF GF: M/C only ccc. MISFEASANCE WHAT Failure to use that degree of care. multiple assignments. plain incompetence – is suddenly swept into a conspiracy connection simply because he did not primarily examine every single detail. diligence in the performance of a duty owing to an individual which the circumstances of the case reasonably demand 3.One which an officer. IMMUNITY OF QUASI-JUDICIAL • KINDS OF LIABILITY 1. NONFEASANCE WHAT: Neglect or refusal without sufficient excuse to perform an act which it was the officer’s legal duty to the individual to perform 2. inattention. prudence. Gangan.LIABILITY OF SUPERIOR OFFICERS FOR ACTS OF SUBORDINATE GR: NONE! BEC -They cannot be expected to monitor the activities of their subalterns and can rely to a reasonable extent on their subordinates and on the GF of those who prepare bids.Made with conscious and deliberate intent to do an injustice • Manifestly contrary to law -for rendering a manifestly unjust judgment. overwork. SB) -High ranks cannot be expected to acquaint themselves with such minutiae as the flow of files and docs which leave their desks (Reyes v. and investigate the motives of every person involved in a transaction before affixing his signature as the final approving authority (Albert v. skill. interlocutory order by reason of inexcusable negligence or ignorance > Better chances here! • Without malice but failed to observe diligence. LIABILITY OF MINISTERIAL OFFICERS PURELY MINISTERIAL ACT . painstakingly trace every step from inception. in obedience to the mandate of the legal authority without regard to the exercise of his own judgment upon the im/propriety of the act done WHAT: Damages and Administrative Liability WHEN: • Law imposes the performance of ministerial duties upon PO • Failure or neglect of PO to perform • Private indiv has a special and direct interest in such performance • Injury proximately sustained in consequence thereof o That he has sustained a special and peculiar injury o That it results from a breach of duty which the officer owed to him . tribunal performs in a given state of facts in a prescribed manner. ignores.

willfully employs. retains unfit.EO 292 requires the order to be in WRITING YET No difference whether written/verbal to subordinate who will follow the same either way BUT REQD by law to safeguard superior officers • Liability is expressly provided by law • Misconduct. What: Forfeiture in favor of State of any property found to have been unlawfully acquired by any public official. Other party For any consequent damage To same extent as if the transaction had been wholly b/w private parties (RAC. Sec. provincial fiscal 2) Investigation by fiscal 1. Writ 3) Petition to OSG for filing in RTC 4) Presumption of unlawful acquisition 5) BOP with Respondent: Lawfully acquired 6) Court: Forfeit Nature of Proceedings: PENAL 1) Almeda v. NOT Office E: NOT LIABLE FOR CIVIL DAMAGES IF • Discretionary Officer: Pursuant to orders. and responsible to him ddd. instructions of superior officer acting in pursuance to law  IF Unlawful order. Perez: Civil in terms of its procedural aspect THU S allowed to amend complaint without new inves c. conducts. Forfeiture a. LIABILITY ON CONTRACTS ON BEHALF OF GOVT GR: Not liable for contracts within scope of authority for govt BEC Presumed that the officer does not intend to render himself Liable as to contracts and engagements Fairly within the scope of his authority Personally liable IF Unambiguous personal undertaking • • • • No mention of the public agency he serves No indication that it is executed in an official capacity Grossly disadvantageous to govt (AGCPA) Law provides for personal liability (Rivera v. Basis: RA 1379 (Forfeiture of Unexplained Wealth) b. Maclang) RAC. negligence within scope of ent of those employed by him voluntarily. Show Cause Order 2. authorized. willfully fails to require them the due conformity to the prescribed regulations • He carelessly. UNEXPLAINED WEALTH LIABILITIES i. Contract is wholly void and Office assuming to make such contract shall be liable to Govt. d. E: . OTHER LIABILITIES LXXVII. Sec.EXCEPT! • He negligently. LIABILITY OF SUBORDINATES GR: Same rules apply BEC Liability determined from ACTS. privately and paid by him. negligently oversees. SB: sui generis BEC there was an order from the President • Ministerial: Pursuant to orders of superior • DILEMMA: Don’t just follow all orders YET he might be charged with insubordination! REMEDY: Seek counsel eee. improper persons • He negligently. 607 requires appropriation prior to execution of contract OTHERWISE. instructions of superior o Acts in GF o Under orders. 608) REMEDY: Express provision against personal liability BOP OF OFFICIAL ACT: Other party BEC authority is strictly construed LXXVI. carries on the business of his office as to furnish the opportunity for default • He has directed. ee PRIMA FACIE UNLAWFULLY ACQUIRED: amount of property is manifestly out of proportion to 1) His salary as such POE 2) His other lawful income 3) Income from legitimately acquired property How (civil and in rem) 1) Complaint by taxpayer to city. cooperated in the wrong . only M/C o Tabuena v.

Basis: RA 3019 (AGCPA) b. money manifestly out of proportion to salary and other lawful income 3) Whether in his name. Official is directly responsible AUDITORIAL FUNCTION OF AUDITOR (Arias. Expenditure of govt funds or Use of govt property ii. custody of govt funds. and resources of the agencies under their respective audit jurisdiction . require the possession. funds.2) Pascual v. In violation of law. regulation iii. substance of the proceedings is criminal in character 3) Cabal v. 1986 ii. property DEFENSE OF SUPERIOR ORDER: GR: None E: Prior to act. What: Ground for dismissal. he notified superior In Writing Of illegality of payment REQUISITES FOR LIABILITY (Albert v. offense 4) Garcia v. Dismissal / Removal from Office a. removal 1) During incumbency 2) Acquisition of amount of property. Kapunan: Right against SelfIncrimination in forfeiture investigation BEC partakes of nature of a penalty BEC Forfeiture is a divesture of property without compensation due to default. other persons fff. financial transactions. Gangan) i. ACCOUNTABLE OFFICERS WHO NEEDS BOND: Accountable Officers Every officer whose duties permit. dissent of Grino-Aquino)  Examination  Audit  Settlement of accounts. SB: SB with jurisdiction over forfeiture proceedings instituted by the Omb (previously by the OSG) from 25 Feb. BME: While civil in nature.

PO apptd becomes functus officio REMOVAL oust official before the expiration of term 1.LXXVIII. TERMINATION OF OFFICIAL RELATIONS LXXIX. VP. OHC ix. T. i.Loss of confidence BEC term lasts only as long as confidence in them endures (Cadiente v.fixed and definite time . BPT. Expiration of Term WHAT TERM TENURE . Crime must be punishable with accessory penalty of disqualification 2. authority AUTO CEASES upon expiration of term of office E: Authorized by law to holdover HOLD-OVER . SC) 2. Resignation xii.Performance of single act or accomplishment of given result for which office is created.may be shorter than the term may claim to hold the office as of right EFFECTS GR: Rights. Consti .If Consti fixes: cannot be changed by law . tenure ii. Recall (local elective officials) 1.time during which the officer . MODES OF TERMINATION 13 DEAD AIR RIP CRRR i. o Date of Election o Date of Appt EXPIRATION extinguishment of right to hold office INCLUDES . Permanent Disability iv. NOT Loss of confidence (CSC v. GC. Abolition of office (GF! Efficiency.right of the occupant himself by which an officer may hold an to hold the office which is office terminated . 6 Grounds: CVC. once only during term (2nd year) xiii.Term has expired or services terminated BUT public officer should continue holding his office Until his successor is appointed.If not: plenary power of Congress as it may deem fit E: PPolicy prohibits it to be left at discretion of -person holding office. Expiration of term. Economy) v. Acceptance of incompatible office vi. duties. Abandonment iii.fixes the interval after which the several incumbents shall succeed one another Fixed by law (Nueno v. Death lxxx. Law • E: If none fixed. Conviction of crime 1. Elite 5 (P. CLASSIFICATION Natural Causes . perform its functions. Santos) . by 25% of registered voters in LGU at time of his election 2.period during which the prescribed incumbent actually holds office by law.fixed and definite period of time to hold office. -appointing power Commencement • GR: Dates prescribed by Consti. Revolution xiv. Omb. B. Removal viii. Retirement vii. and enjoy its privileges . Angeles) . chosen and had qualified WHEN ALLOWED: . Prescription of right to office (quo warranto) x. Salas) ggg. Don’t confuse with conviction of crime with MT which is only a ground for disciplinary action xi. Impeachment 1. CC.

Death EFFECT: • 1 Incumbent: necessarily renders office vacant • 2/more officers: Survivors may still execute the office UNLESS joint action of all is reqd 4. contemporaneous. SB) . Hernandez) o Courtesy Resignation is not resignation in a legal sense BEC not reflective of intention to surrender position BUT only manifests his submission to the will of the political authority and apptg power (Ortiz v. Judges: 70 y/o • Public Officers and Employees: 65 3. express/implied of the intention to surrender.prevent hiatus in govt pending the time when successor may be chosen and inducted into office .formal renunciation or relinquishment of a public office . Resignation WHAT is RESIGNATION . relinquish his right to the office and its acceptance by competent and lawful authority . body having authority • to appoint his successor or • to call an election to fill the office o Form of Acceptance  Formal declaration  Appt of successor  REQD: NOTICE OF ACCEPTANCE (RP v. renounce.expression by the incumbent in some form. Retirement NATURE: Right to resign BEC not legally committed to finish term BUT! LIMIT: Consent of apptg power BEC Office is a burden which appointee is bound to bear in interest of community ELEMENTS • Intention to relinquish part of the term o Acceptance of temporary position is not an abandonment BEC of right to live during the pendency of appeal of dismissal (Gonzales v.If Consti is silent: Not allowed WHY ALLOWED: .If not: De facto 2.public interest requires that public offices should be filled at all times.If authorized by law: De jure officer . on the premise that we have not a revolutionary govt. Singun) • Acceptance was not communicated to public officer NATURE: Compulsory and Automatic WHEN: • SC. we hereby place our positio at your disposal”) • Act of relinquishment o WHEN: Any time he chooses o HOW (FORM)  GR: As prescribed by law  E: If none. COMELEC that “following the example of the Honorable Justices of the SC. without interruption STATUS: . Neglect of Officer 1. Permanent Disability SCOPE: Mental or Physical REQT: Judicial determination of the fact is necessary To render it conclusive BEC Incumbent may not admit it ii. ANY METHOD indicative of the purpose o TEST: Totality of Circumstances (Estrada v. and posterior facts and circumstantial evidence o PRESUMPTION: Of voluntariness • Acceptance by proper authority o To whom / By whom  Designated by statute  If none. officer.If law is silent: Allowed UNLESS prohibited (Lecaroz v. Desierto)  Resignation to be determined by the totality of prior..Law provides for the same (hold office until successor qualifies) . Acts.

Expressly authorized by law to accept another office iv. title.Voluntary surrendering office to another under mistaken belief that the latter has been elected as his rightful successor . CA)  Null and void resignation  Abandonment of office punishable by arresto mayor  Tenure ends upon acceptance Revocability of Resignation:  BEFORE ACCEPTANCE: Allowed UNLESS Otherwise provided  AFTER ACCEPTANCE: Allowed IF • Authority consents • No new rights have intervened Repudiation of Resignation  Procured by fraud. Abandonment of Office WHAT: .EXCEPTIONS TODA! i.Appt to second office is void . Second office is temporary only EFFECTS • Abdication of all present and future rights accorded to an officer • Severance of all work-related ties b/w er-ee 2. duress  Given as an alternative to have charges filed against officer • o o One is subordinate to the other and Is subject to its supervisory power in some degree Thus frustrating that one acts as a check on the other Declared incompatible By Consti. claim thereto Without valid. justifiable reason With the intention of nor reclaiming it .e. Officer cannot vacate first office by his own act ii. Mere filing of certificate of candidacy ELEMENTS • Clear intention to abandon office o Absolute o Clearly as to indicate absolute relinquishment • Overt acts by which the intention is carried into effect o NON-USER or failure to  discharge duties of officer over particular period of time WHEN INCOMPATIBLE • DETERMINING FACTORS o Character of the offices o Relation to each other: Subordination of one to the other o Nature of the functions and duties • WHEN o Conflict in such duties and functions So that the performance of the duties of one Interferes with the performance of duties of the other As to render it improper for one person to retain both from consideration of PPolicy .o o o YET The final or conclusive act of a resignation’s acceptance is the notice of acceptance • BEC Official would not be in a position to determine the acceptance of his resignation unless he had been duly notified • THUS Resignation was inoperative Effect of Lack of Acceptance: Resignation not valid until accepted (SB v. Different govt iii. neglect to use right. proceeding . Incompatible and Prohibited Offices 3.Non-user of office.No forfeiture of original office INCOMPATIBLE OFFICES .Title is terminated without any other act.Auto and absolute vacancy of first office .Termination of possession and control . privilege. or to exercise office . Law For reasons of PPolicy EVEN IF there’s no inconsistency in nature and functions PROHIBITED OFFICES .Voluntary relinquishment of an office By the holder of all right.g.

after cause of such ouster . Prescription of right to office WHO Person who claims right to public office occupied by another HOW: Quo Warranto WHEN: 1y .title to public office should not be subjected to uncertainties .RUNS even if no person yet appointed to succeed the position WHY .o claim or resume it after a period in which performance of its functions became impossible Acquiescence by the officer in his wrongful removal  EFFECT • Former incumbent cannot legally repossess it even by forcible reoccupancy ABANDONMENT voluntary relinquishment by non-user no repossession contradictory to each other RESIGNATION voluntary formal relinquishment no repossession 4.after the right of plaintiff to hold the office arose .

rank. statutory provision REGULATION OF REMOVAL  Statutory positions: Congress may restrict removal as i deems best for public interest  Constitutional method: Exclusive KINDS OF POWER OF REMOVAL  Absolute. unreasonable. demotion. agency which does not involve a reduction in rank. Dismissal .Criminal: Permanent disqualification WHAT . punish  VALID IF GF o Constructive Removal. Removal o HOW . insensibility. control. unlikely  Act of clear discrimination. unlimited discretion  Conditional. status. reason o o PRESIDENTIAL POWER OF REMOVAL Basis: No express provision in Consti BUT! Implied from power of appt. supervision o POWER OF OMBUDSMAN  Tapiador: merely recommendatory BUT obiter dictum  Ledesma: with power to enforce Apptg Power without power of removal IF FIXITY OF Term is fixed by statute • E: TERM o EFFECTS . People: 1.office exists after ouster LIMITATIONS: SECURITY OF TENURE AND DUE PROCESS . disdain WHO CAN REMOVE • GR: Apptg Power o If term. salary o Reassignment  WHAT: Movement of ee from organization unit to another in the dept. when time. Acts of Govt. responsibilities. reduction in salary  VALID TRANSFER • Prior appointment • Acceptance o Demotion  If no cause is shown for it  Diminution in duties. advancement.ouster of incumbent before the expiration of his term FORM • Expressed • Implied o Appt to another office  Must be removable at superior officer’s pleasure  Notified o Transfer to another office  INVALID as Illegal Removal: No consent • Whether it results in promotion.Administrative: Removal.iii. salary  INVALID IF purpose is to exile. tenure is not fixed by law o If removal is not governed by constitutional. status. Dismissal  Continued ent is impossible . manner.

Cause must naturally have some relation to the character. for disorderly behavior 2. Sources i. Omb. Cause must relate to and affect the functions of the office iv. .need not be committed in the course of performance of duties BEC private life of ee cannot be segregated from public life (Remolona v. Sec. fitness of officer.must be related to the performance of official functions . Neglect of Duty 4.Violation of established rules . Congress. Oppression 3. Other high crimes f. Judges. SCOPE OF SECURITY OF TENURE a. NOT Position b. SC. Mere commission of any office iii. Temporary Appts ii. manifest and flagrant disregard of the law b. Dismissal 2. and connected with. LESS GRAVE *NO NEED TO DIFFERENTIATE IF filed with OMB BEC OMB with very broad powers to investigate and discipline NATURE . Culpable violation of Consti b.Transgression of some established and definite rule of action . GRAVE a. ConCom.Villanueva v. Treason c. MISCONDUCT WHAT .direct relation to and be connected with the performance of official duties . Even if not work related nor committed in course of performance of duty c. DISHONESTY WHAT: . Reasons which the law and sound PPolicy recognize as sufficient ground for removal. P. and not merely causes which apptg power may deem sufficient iii. 6.SECURITY OF TENURE i. CIVIL SERVICE LAW30 1. Legal causes. 60 1. Career and Non-Career BEC Non-career is exempt only from competitive exam iii. OPPRESSION (Remolana) 5.a most serious offense which reflects a person’s character and exposes the moral decay which virtually destroys his honor.VP. Cause must be restricted to something of a substantial nature directly affecting the rights and interests of the public vi. for good behavior 4. Betrayal of public trust 3. Bribery d. for a. demotion ii. With corruption. virtue. ee for the discharge of the functions of his office b.officer.E: GRAVE MISCONDUCT. CA: Not misconduct bec not related to duties .Improper and wrong conduct . suspension. Cause must be connected with the performance of his official duties v. Disgraceful and immoral conduct. Graft and corruption e.Wrongful intent and not mere error of judgment REQT: Related to. Procedural DP: Notice and Opportunity to be heard c. Substantive DP: LEGAL CAUSE i. integrity NATURE . CONSTI 1. ee in the civil service shall not be suspended or dismissed except for cause provided by law and only after due process is accorded ii. CSC) 2. CAUSE PROVIDED BY LAW a.Unlawful behavior or gross negligence by the PO . CESO: ST pertains to RANK. Being notoriously undesirable. LGC. What is SECURITY OF TENURE . performance of official duties KINDS 1.

22. Violation of existing Civil Service Law and rules or reasonable office regulations. CSC) in favor of the relative (3o c/a) of • Apptg authority • Recommending authority • Person with immediate supervision over appointee • Chief of bureau. or other valuable thing is given by any person in the hope or expectation of receiving a favor or better treatment than that accorded other persons. 8. Lending money at usurious rates of interest. Disgraceful. Inefficiency and incompetence in the performance of official duties. Conduct prejudicial to the best interest of the service. 25. gift or other valuable thing in the course of official duties or in connection therewith when such fee. Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children. 19. 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. Contracting loans of money or other property from persons with whom the 24. 9. Refusal to perform official duty or render overtime service.7. or committing acts punishable under the anti-graft laws. 30. Discourtesy in the course of official duties. Engaging directly or indirectly in partisan political activities by one holding non-political office. Lobbying for personal interest or gain in legislative halls and offices without authority. Frequent unauthorized absences or tardiness in reporting for duty. 27. Physical or mental incapacity or disability due to immoral or vicious habits. 18. 17. Habitual drunkenness. 29. 20. loafing or frequent unauthorized absences from duty during regular office hours. Borrowing money by superior officers from subordinates or lending by subordinates to superior officers. Willful failure to pay just debts or willful failure to pay taxes due to the government. Insubordination. 28. Conviction of a crime involving moral turpitude. 14. NEPOTISM WHEN: Appts and Designations (Laurel v. gift. 16. Falsification of official document. office of the employee concerned has business relations. 23. 15. 13. immoral or dishonest conduct prior to entering the service. 11. 10. office EXCEPTIONS! BUT Reqd to Report to CSC • Persons employed in a confidential capacity • Teachers • Physicians • AFP . Receiving for personal use of a fee. 12. 21. 26. Pursuit of private business. vocation or profession without the permission required by Civil Service rules and regulations. Gambling prohibited by law.

Right of Appeal g. CSC (Dacoycoy) iii. -oppression. Judiciary f. E: Impeachables.charge involves dishonesty. BUT Forfeited leave and retirement pay j. President Removal is judicialized e. Sanggunian Can’t remove local officials d. CA) vi. Varela) vii. allowed by law Beyond 90d: Recoverable Presuspension hearing is reqd to determine validity of info Hearin g None No violation of DP in longer period for OMB -BEC Purposefully immune from political pressure to make it strong to threaten erring officials -AND justified by stricter reqts (Gobenciong v. Length of service or seniority can be treated as m/c or a/g i. Congress.DUE PROCESS IN ADMINISTRATIVE INVESTIGATION iv. Forced Resignation instead of Dismissal i. neglect in duty -charges warrants removal CIVIL SERVICE LAW 60d AGCPA Reasonable time coeval with pd for decisions (90d max) PNP (RA 6975) Until terminatio n of case Salary influence witnesses or pose threat to safety and integrity of records. compensate d for PS during inves and pending appeal None -contd stay in office may prejudice case filed against him None Pending investigatio n: None during PS bec. there is great probability that the continuance in office could OMB 6m. oppression. It is also a removal BUT with a chance to return to office unless conditioned not to iii. can discipline executive officials 2) Impractical -starts as admin yet judicialized -quantum of evi from SS to preponderance -courts as rubber stamp only if evi is already taken in the admin case -Sanggu can suspend but not remove yet both are disciplinary measures -if it is to prevent political vendetta.given the gravity of offense. -grave misconduct. CSC i. President can commute/remove administrative penalty i. Pres. Govt ee in case of finding of guilt ii. Who: Party adversely affected i. Ombudsman – can remove i. E: Educational institutions due to Academic Freedom C: Removal is administrative So what is a court doing in an administrative case? 1) Violation of SOP bec. -neglect -if there is reason to believe that he is guilty warranting his removal charged with grave offense punishable by 6y1d . only if recommended by the CSC ii.when evi of guilt is strong . PENALTIES h. meritorious cases iii. Disciplining authority (Geronga v. other evi IF EXONERATE D. subject to terms and conditions he may impose in interest of service Groun ds charge involves -dishonesty. then why presume it right away when there’s presumption of regularity? Effect of Death of Respondent: None if filed before death (Perez v. grave misconduct. Oxymoron ii. until termination of case (ee under his authority) but max 6m -evi of guilt is strong . allowed by law Pending appeal: Recoverable None Pending inves: None bec. Abiera) v. DISCRETIONARY: Disciplining authority with leeway in imposing penalties i. Preventive Suspensions AC Period 90d LGC 60d BUT 90d within single year on same ground known . Jurisdiction (concurrent) c.