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PART 1 THE LAW ON PUBLIC OFCERS Chapter One DEFNS, DISTINCTIONS AND CLASSNS Mng of Of Pos/fxn by vurtue of w/c

c a person has some employment in the affairs of another, o whether incumbents selected By apptment OR By elec o AN whether hes Appointed durin! the pleasure of the appointin! power or for a fixed term Mng of p!" of rt, auth and duty created and conferred by law by w/c for a !iven pd, o either fixed by law OR o endurin! at the pleasure of the appointin! power, an indivs invested w/ some portion of soverei!n fxns of !ovt o to be exerd by him for the bene of the pub (Mechem) a char!e, station/employment conferred by apptment/elec by a !ovt P!rpo#e an$ nat!re of p!" of e# created for effectin! the end for w/c !ovts been instituted" o comm# !ood o NO$ for profit, honor/priv int of any person, fam/class# Pub trust created in the int and for the bene of the ppl o Belon!s to them Nature" inconsistent w/ prop/contract rt o Resp, NO$ a rt P!" of , a# a p!" tr!#t 1. Holders regarded as pub servants o incumbents invested w/ powers and duties pertinent to soverei!ntypowers dele!ated are held in trust for the ppl exerd in behalf of !ovt/all cits who may need his inter ention o trust extends to all matters w/in the ran!e of duties pertainin! to the ofc o servants of the ppl, NO$ rulers 2. Holders, subj to highest stands of actability and serv o A11, 1! Pub ofc is a pub trust "ub ofcers and ees must at all time be acctable to the ppl erve them #$ utmost resp, integrity, loyalty and effciciency, Act #$ patriotism and just o o

A%& lead modest lives Occupies a very delicate pos % exacts fr him stands w/c AR&N$ !enerally demanded fr ordin cits Occupies ofc to render serv to the ppl, NO$ as a means to promote his pers int ON'( )ustification for continuance in ofc" abil to advance pub ends and contri to pub welfare ("ineda v. 'laudio ()*) +A ),1-, 2! 'ode of 'onduct of .thical tands for "ub /ffs 0 every pub servant shall at all time uphold pub int over his/her pers int

P!" of , NOT prop 1. Holder subj to removal$suspension accdg to la# o constil prin of pub ofc as apub trust precludes proprietary claim to it o pub ofc NO$ prop of ofc holder w/in mn! of P re*ts of +onsti pub ofc ,-N$ prop an ofcers NO$ denied P of law by abolition of his ofc before expiration of his term removal/suspension accd! to law by the passa!e of a statute limitin!/reducin! his comp, an ofcer has NO prop rt in the b.s and papers pertainin! to his ofc 2. Holder #$o vested rt in any pub ofc o NO/ has apriv rt of prop/vested rt in pub ofc OR expectancy of holdin! / v# the pub int +onsti % even thou!h protects pub ofcer 0limitin! the power of the le!is to abolish the ofc/diminish the salary durin! the incumbents term1doesnt chan!e char of ofc/ma.e it prop o NO/ has vested rt to an ofc/salary &" constil ofces w/c provide for sp immunity 2R$ salary and tenure ( 1 of an Andres v. 'A) -. Holder(s rt in nature of priv entitled to protn o O&-N$ mean pub ofcer has absolutely NO fin prop int w/c may be protected by ct v# wron!ful interference by others Or thar he may be dreprived of ofc w/o hearin! when the rt to have it terminateds limited to specified cause Rt to ofc 3 reco!ni4ed as a priv entitled to the protn of law Ofc 3 prop w/in the protn of the P *uarantee of in contros relatin! to w/c of 5 prersons is entitled o ispute 2R$ constil rt to secu of tenure 3 pub ofc is deemed analo!ous to prop in a limited sense Rt to P can be invo.ed (2umi3ued v. .4evea) 5. Holder(s rt personal to him o Not prop w/c passes to heirs upon death NO$ inherited ( antos v. ec of 2abor) 6eirs of protestee in elec contest +AN$ prosecute counterclaim for dama!es v# protestant &xtin!uished when death terminated rt to occupy contested ofc (Abeja v. 6anada) ILLUSTRATI%E CASE& A ubse3uent la# changes the tenure of ofces of justs and au4iliary justs of the

peace. 7acts! - appointed )ustice of the peace 07an 5/, 891 +ontinuously occupied :til, when turned ;<, ordered by -ec of 7ust to vacate 07ul /, 5=1 o N, auxiliary )ust, acted as such for the muni - instituted *uo warranto proceedin!s to in*uire into Ns rt to occupy, to oust and procure reinstatement 8ssue! 2ON prov of Ac >/89" )ust of the peace and auxiliary shall be appointed to serve :til reach ;< should be retroactive/prospective Held! 1) 2a# should be given prospective effect only o Act >/89 amended -58>, Admin +ode by addin! at the end the proviso" Provided, $hat )usts of the peace and auxiliary )usts shall be appointed to serv :til theyve reached the a!e of ;<yrs# o B?$ -58;, Admin +ode 0$enure of Ofc1" A )ust of the peace havin! the re* le! *ualns shall hold ofc durin! !ood beh ?N'&-- his ofc be lawfully abolished/mer!ed into the 7 of some other )ust ?nchan!ed by >/89 o -tatcon" A statute operates prospectively unless le!is intent to the contrarys manifest by express terms of statute/nec implication 2) 8ntention to disturb rt to ofc should be clear o NO vested rt in ofc 0+AN$ be disturbed by le!is1 B?$ incumbent has a rt to his ofc Rt ta.en away by statute, terms should be clear in w/c the purpose is stated ( egovia v. %oel) %/6.! istin!uished fr 'hanco v. 8mperial 0/@/;1 o A" validity of A5><9, -9" )ud!es of the +B,s shall serv :til they reach ;< and pres )ud!es shall vacate their positions on ta.in! effect, and the CovCen, w/ advice and consent of phi +omm, shall ma.e new apptments for )ud!es of +B,s ,ntention fo le!is to vacate ofc clearly expressed 6ere" NO$ o A*, 11! mems of )ud shall en)oy secu of tenure durin! !ood beh o +on! prohibited fr passin! law reor!anin4in! )ud when it undermines secu of tenure (A*, 2) P!" of , NOT a ontra t Rt of incumbent of ofc O&-N$ depend on contract in the sense of an arran!ement/bar!ain bet him and the pub 1. 'reates %/ contractual reln bet holder and pub o pub ofc ,-N$ a contract and apptment/elec to it O&N-$ est a contractual relbbet the person appointed/elected an the pub o incumbents NO$ under contract so as to w/draw his tenure, salary fr the cont of le!is/preclude it fr abolishin! the ofc o CR" Nature of the reln o fpub ofcer to pubs inconsistent w/ a prop/contract rt 2. .4ists by virtue of some la# o rt to hold a pub ofc under our potl sys ,-N$ a natl rt

exists only by virtue of some law expressly/impliedly creatin! an conferrin! it (Aparri v. 'A) -. 9enerally entitles holder to compensation o pub ofc NO$ a contract B?$ a pub ofcers entitled to comp for perf of pub duties when law attaches it to the ofc o no salarys provided by law for ofc 3 incumbents presumed to accept it w/o pay and +AN$ recover for serv rendered o salarys a mere incident and forms NO part of the ofc NO$ a nec criterion for detin! nature of pos (2aurel v. &esierto) o

P!" of an$ p!" ontra t $'#t'ng!'#he$ / contractin! w/ !ovts NO$ an ofcer of the !ovt Pub ofc creation incident soverei!nty Pub contract ori!inates fr the will of the contractin! ps sub) to limitations imposed by law imposes obli!ations only upon persons who entered it (: v. Hart#ell) limited in duration and spec in ob)s D terms define and limit rts and ob!liations of ps and neither may depart w/o consent of other

As to creation

of

As to ob)

As to sub) matter and scope

the carryin! out of soverei!n and !ovtal fxns affectin! even persons NO$ bound by contract embraces tenure, duration and continuity, and the duties connected to them are !enerally continuin! and perma

duties of a parti pos/!ovtal fxn

ON$ depend on a contract

P!" of an$ p!" e(p)o*(ent $'#t'ng!'#he$ 1. ;ey consids D nature of the ofc, powers and resps carried out o every pub ofc is an employment but NO$ every pub employments an ofc o person may be employed under contract to perf a serv w/o becomin! an ofcer o dele! to ofc holder of soverei!n fxns of !ovt 3 most impt characteristic w/c distin!uishes it fr employment/contract 2. Manner of creation and nature of duties o pos pub ofc" created by law w/ duties cast upon incumbent w/c involve exer of portion of soverei!n power in the perf of w/c the pubs concerned o pub employment % pos w/c lac.s //more of the elems (1ernard v. Humble) o pos created by contract of employment, NO$ force of law 3 NO$ ofc o pub ofc % NO$ a contract and rt of incumbent to pos O&-N$ rest upon a! bet the !ovt and him

also where duties connected w/ pos of portion of soverei!n power

ON$ involved an exer

E##ent'a) e)e(# of a p!" of /# created by o +onsti o 'aw o Body OR o a!ency to w/c the power to create the ofc has been dele!ated 5# ,nvested w/ auth to exer some portion of the soverei!n power of the state to be exerd for pub int ># Powers and fxns are defined by o the +onsti, o law OR o thru le!is auth =# uties pertainin! to it are performed independently, w/o cont of a superior power other than law, o ?N'&-- theyre those of an inferior/subordinate ofcer, created/authori4ed by the le!is and placed by it under the !en cont of a superior ofcer/body <# ,ts continuin! and perma o NO$ occasional/intermittent Creat'on of p!" of 1. 9enerally o by constil statutory prov OR auth conferred by it 2. 1y 'ong o & for ofces created by the +onsti" creations primarily a le!is fxn -upreme insofar ias its NO$ restricted by constil provs AN le!is may decide for itself what ofces are suitable, nec/convenient A# 2hen in exi!encies of !ovt, its nec to create and define new duties, le!is dept has the discretion to det o 2ON addl ofces shall be created OR o 2ON these duties shall be attached to and become ex officio duties of existin! ofces B# Ofc created by the le!is is w/in the power of that body and it may prescribe o the mode of fillin! the ofc, o powers and duties of incumbent and may abolish the ofc -. 1y the "res o bureaus, a!encies/ofces in exec dept" Press powe rof cont)ustify him to inactivate fxns of a parti ofc OR laws may !rant him broad auth to carry out reor!n measures Admin +ode of E9, ->/" Pres, sub) to policy of &xec Ofc and in order to achieve simplicity, econ and efficiency, shall

have the continuin! auth to reor!ani4e the admin struc of the Ofc of the Pres 6e may transfer fxns of other epts/a!encies to the Ofc of the Pres Mo$'f' at'on+a"o)'t'on of p!" of e# Power to create ofc includes power to modify/abolish o Power to create and abolish ofces carries power to fix no fo pos and salaries/emoluments of holders and provide funds for ofces o Power 3 le!is 1. /fces created by 'ong o +on! may, unless prohibited by +onsti, cont, modify/abolish it whenever course may seem nec, expedient/conducive to pub !ood Power extends to consolid of ofces resultin! in abolishin! / and attachin! its powers and duties to another o Pub ofces % created to meet needs of ppl Needc eases 3 NO obli!/necessity to conti useless ofc etn pos should be abolished for efficiency an econ 3 w/in )ud!ment of !overnin! auth in whom power to eliminate ofc is vested 2. /fces created by the 'onsti o modified/abolished by ppl thru constil prov le!is +AN$ later/diconti +AN$ modify/alter indirectly by o ta.in! away duties and emoluments o OR consolidatin! it w/ another Fention of ofc in +onsti O&--$ endow it w/ constil status w/c prevents abolition by +on! E,er of #o-ere'gn po.er# an$ f,n# 1. 1 of the most impt criteria of pub ofc o implied in pub ofc an auth to exer portion of soverei!n power of state in ma.in!, executin!/applyin! law o investment of incumbent w/ fxns pertinent to soverei!nty 3 / of th most impt criteria 2. Auth conferred by la# o powers conferred by be le!is, exec/)ud OR NO$ pub ofc Ten!re an$ $!rat'on 1. .4istence of def tenure %/6 matl o pub ofc embraces idea of tenure and duration o duration of tenure need NO$ be for fixed pd B?$ may be at the pleasure of the appointin! power o may be pub ofc even thou!h terms NO$ definitely established absence of def tenure O&N-$ preclude a pos/employment fr constitutin! pub ofc 2. 'ontinuance of ofc holder %/6 matl o elem of continuance, i#e#, duties attached to pos conti thou!h ofc holder be chan!ed 3 NO$ indispensable

-. "ermanence of ofc %/6 matl o other elems pres" NO diff whether there can be but / act/series of acts to be done whether ofc expires as soon as / acts done or is to be held for yrs/!ood beh B?$ somethin! more perma than a sin!le transaxn/transitory acts commonly re*d

ofcer of the Covt o v# ofcers and ees of instrumentalities of !ovt o duly authori4ed acts of the pub off are those of the !ovt those of !ovt instrumentality may a personality of its own, sep and distinct fr the !ovt (9on@ale@ v. Hechanova) o term ordinarily used synonymously w/ pub ofcer

Mng of of er+p!" of er+ee 1. "ub ofcer D / who holds a pub ofc o no ofc 3 NO pub ofcer re*d by law to be elected/appointed has a desi!/title !iven to him by law AN exers fxns concernin! the pub, assi!ned to him by law 2. Admin +ode of E9" ee includes any person in the serv of the !ovt/any of is a!encies, divs, subdivs/instrumentalities o includes ofcer 2.15. a# person whose duties, NO$ bein! of a clerical/manual nature, involves the exer of discretion in the perf of the fxns of !ovt 0v# cler./ee1 2.1<. b# includes any !ovt ee, A/body havin! auth to do the act/exer that fxn 02R$ person w/ auth to do parti act/perf parti fxn in exer of !ovt power1 Of er an$ ee $'#t'ng!'#he$ 1. 8n the la# of pub ofcer o Ofcer D !reater imptance, di!nity and independence of pos, bein! re*d to ta.e an off oath and off bond, and in the liab to be called to acct as a pub offender for misfeasance/nonfeasance in ofc ( t. =oseph 'ountry v. >aleys) o invested by law w/ portion of soverei!nty of state, and authori4ed to exer fxns of an exec, le!is/)ud char (7rancis v. 8o#a .mployment 'ommission) o fact the pos is subordinate and that its holder may be acctable to a superior O&-N$ preven tit fr bein! an ofc a subordinate/inferiors nonetheless an ofcer de! of resp for results rests upon a pub ofcer that O&-N$ attach to a mere ee 5# :nder the +"' o A2?-.any person who, by dir prov of law, pop elec/apptment by competent auth, ta.es part in the perf of pub fxns in the Covt of the Phils, or perfs in said Covt/in any of its branches, pub duties as an ee, A or subordinate off, or of any ran./class 3 pub ofcer o defn eliminates distinction bet ofcer and ee in law of pub ofcers comprehensive, embracin! every pub servant fr hi!hest to lowers (Maniego v. "pl)

C)a##n of p!" of e#+p!" of er# 1. As to nature of f4ns o a. 'iv ofc$er % covers any .ind of pub ofc, exec, le!is/)ud B?$ NO$ mil ofces +iv v# mil ofc o 1. Mil ofc$er % includes all ofces in armed forces w/c solely involve mil fxns 2. As to creation o a. 'onstil ofc$er % created by the +onsti o b# tatutory ofc$er % created by statute and over w/c +on! has full cont -. As to dept of govt to #$c it belongs o a. 2egis ofc$er % char!ed w/ fxns involvin! mainly enactment of laws o b# &xec ofc/er % G exec/admin of laws o c# =ud ofc$er % G connected w/ the ad)udication of actual )usticiable contros and interp of law 5. As to branch of govt served o a. %atl ofc$er % includes any ofc in natl/central !ovt v# diff forms of 'Cs o b. 2oc ofc$er % G in the potl subdivs of the Phils 2hether autonomous re!ions, provs, citis, munis, br!ys and other forms of 'Cs <# As to #hether e4er of discretion(s re3d o a. Auasi0jud ofc$er % includes any ofc 0other than cts of )ust1 whose ofcers are char!ed w/ fxns that AR&N$ strictly )ud B?$ re*uire the exer of discretion/)ud!ment o b# Ministerial ofc$erD includes any ofc whose ofcers are char!ed w/ the duty to execute the mandates lawfully ,ed of their superior ). As to compensation o a. 2ucrative ofc, ofc of profit$ofc coupled #$ an int include any ofc to w/c salary, comp/fees are attached amt of salarys supposed to be ade*uate comp and fixes char of ofc as a lucrative / o b. Honorary ofc % NO comps attached and is supposed to be accepted F&R&'( for pub !ood ofc of trust D duties and fxns re*uire exer of discretion, )ud!ment, exp and s.ill NO$ nec that ofcer should have handlin! of pub money/prop or care and oversi!ht of pecuniary int of !ovt -alary/comp may/ not be attached to the ofc to ma.e it / of trust ,. As to legality of title to ofc! pub ofcer 3 de )ure/de facto

Mng of pub off

Chapter T.o ELI/BILIT0 AND 1UALNS A2 In /en Mng of e)'g'"')'t*+e)'g'")e+'ne)'g'"')'t*+'ne)'g'")e 1. .lgibilityD state/*ual of bein! le!ally fitted/*ualified to be chosen o of a continuin! nature o must exist at commencement AN durin! occupancy of ofc 2. .ligible % le!ally fitted/*ualified to hold an ofc o Admin +ode of E9" person who obtains a passin! !rade in a civ serv exam/!ranted civ serv eli!ibility and whose names entered in the re! of eli!ibles (<.*) -. 8neligibility B lac. of *ualmn prescribed by the +onsti/applicable law for holdin! pub ofc =# 8neligible o a# le!ally/otherwise dis*ualified to hold an ofc o b# dis*ualified to be elected to an ofc o c# dis*ualified to hold an ofc, if elected/appointed to it (6opacio v. "aredes) o %ote! Fere cert by +-+ as a civ serv eli!ible ,-N$ an apptment of any pos/insure apptment Appointin! power has rt of choice to be freely exerd accd! to his )ud!ment as to whos best *ualified amon! those eli!ible (=imene@ v. 7rancisco) Mng of 3!a)n /# &ndowment/accomplishment that fits / for ofc OR 5# Act w/c a person, before enterin! upon the perf of his duties, is, by law, re*d to do, such as o ta.in!, subscribin! and filin! of an off oath o sometimes, !ivin! off bond sub) to constil limitations, +on! may det eli!ibility and *ualns of ofcers and provide for meths of fillin! ofces ("pl v. 'arlos) Nat!re of rt to ho)$ p!" of 1. %ot a natl rt % under our potl sys o rt of eli!ibility to ofces isnt univ and inviolable o exists only :cause of some law expressly/impliedly creatin! and conferrin! it (Mechem) o *ualns w/ relate to ofc must be complied w/ by persons see.in! it o to hold" must be eli!ible and possess *ualns prescribed by +onsti and law o elec/apptment to ofc of ineli!ible/un*ualified !ives him NO rt to hold it 2. %ot a constil rt % to run for ofc/hold elected ofc o potl priv w/c depends on favor of the ppl may be coupled w/ reasonable condis for pub !ood o pub employment" person must comply w/ reasonable, lawful and nonDdiscriminatory terms laid down by law

Po.er of Cong to pre# r'"e 3!a)(# 1. 8n gen % +on! is !enerally empowered to prescribed *ualms for holdin! pub ofc o PROH, & it O&-N$ exceed its constil powers/impose condis of eli!ibility inconsistent w/ them o Fust have ratl basis Nexus bet re*ts and duties of pos o NO$ too detailed as to practically amt to ma.in! an apptment 3 exec fxn, NO$ le!is 2. Chere ofc created by 'ong % body can deal w/ sub) of *ualn and dis*ualn, PROH, & it O&-N$ impin!e upon any express prov of the +onsti o ofc created by le!is enactment" +on! has the power to specify that certain classes of indivs are dis*ualified fr holdin! ofc -. Chere ofc created by the 'onsti o CR" 2here the +onsti ests spec eli!ibility re*ts for a parti constil ofc, constil criteria are exc $6?-, +on! hasNO power to re*uire diff *ualns for constil ofces other than those *ualns sepecifically set out in the +onsti &sp 2R$ ofces created by the +onsti, ?N'&-- it expressly/impliedly !ives the power to set *ualns 5. Chere 3ualns prescribed by the 'onsti % many manda constil provs as to *ulans for ofc AR&N$ selfDexecutin! o ex# re*t that fitness of persons to be appointed to pub ofc shall be ascertained as far as practicable by competitive civ serv exams o such are merely announcements of a !en prin re*uirin! le!is for their enforcement o rt of +on! to prescribe *ualns ,-N$ inconsistent w/ exec power of apptment to ofc o wehre +onsti prescribed certain *ualms, +on! may prescribe addl *ualns ?N'&-- it appears that this axns prohibited ;#/@#8E ,''?-$RA$,H& +A-& :n3ualified person #as appointed in acting cap. 7acts! B desi!nated as mem of -an!!unian! Panlun!sod of Roxxas +ity to replace ,contends Bs NO$ *ualified to be mem and to replace him as rep of Iatipunan n! m!a Br!y of Roxas +ity :cause his membership in the +ity Br!y as Iatip pres is !overned by 'C+ 0BP >>91, -/9>" o -P, as le!is body of city shall be composed of HF, as presidin! ofcer, elected -P mems and mems who may be appointed by the Pres consistin! of the Press of the Iatipunan Pnalun!sod n! m!a Br!y and the Iabataan! Br!y city fedn ," 6is apptment as mem of -p was by virtue of his havin! been elected by the Iatipunan! Panlun!sod n! m!a Br!y of the city as pres in accordance w/ BP >>9, while Bs NO$ an ofcer/pres of the Iatipunan and 6A-N$ been duly elected for any of those positions 8! ,s the apptment of B validJ H! NO (1) An un3ualified person 'A%6 be appointed

Appointee to -P who sits there as rep of br!ys must meet *ualms re*d by law for the pos o ?n*ualified person +AN$ be appointed as mem even in an actin! cap B, NO$ a br!y capt and N&H&R elected pres of assoc of br!y councils, +AN$ be appointed as mem of -P o 'ac.s eli!ibility and *ualms red by law o -ub) to constil restrics, +on!/le!is auth may det eli!ibility and *ualms of ofcers and provide the meth for fillin! them o 'awma.ers mandate 6A-N$ been complied w/ (2) 8ncumbent contis in ofc in hold0over cap ,, as / appointed under 95 +onsti, contis in ofc :til apptment and *ualn of successor 0A>, -51 o -ince apptment of successors NO$ valid, tenure of , +O?' N$ be terminated on that basis alone (8gnaco v. 1anate =r, (*,)

Po.er of Cong to pre# r'"e $'#3!a)n# Absence of constil inihibition 3 +on! has same rt to provide dis*ualns that it has to provide *ualns for ofc o B?$ it +AN$ add dis*ualns where the +Onstis provided them in such as way as to indicate an intention that the dis*ualns provided shall embrace all that are to be permitted o A'-O, when the +onstis attached a dis*ualns to the holdin! of any ofc, +on! +AN$ remove it under the power to prescribe *ualns as to ofces it may create ,''?-$RA$,H& +A-&" Act adds grounds of dis3ualn of a ' =ust. 7! H assails constility of -/=, Ppls +t Act dis*ualified )usts of the -+ who held ofc under Phil &xec +omm of Phil Rep under 7ap fr sittin! and votin! in cases where the accused also held ofc under the 5 Act provides that if the of )usts left doesnt consti a *uorum, the Pres may desi!nated such no fo 7ud!es of the +B,, 7ud!esDatD'ar!e/+adastral 7ud!es havin! no dis*ualns, to serve temporarily as -+ 7usts, :til )ud!ment in the case is reached 8! ,s -/= of the Ppls +t Act unconstilJ H! (&-, NO act of the le!is repu!nant to +Onsti can become law o +onsti provides how a ct will be composed and how it may sit in )ud!ment o Ordains the ll -+ 7usts shall hold ofc durin! !ood beh :til they reach 98yrs, or become incapacitate to dischar!e the duties 0now AE, -//1 o $6?-, all mems of the -+ have the power and duty to sit in )ud!ment in all treason cases duly brou!ht/appeaied to the ct 0/1 Act added grounds of dis3ualns of a -+ 7ust such that it prohibits certain 7usts fr fulfillin! the power and duty !iven by the +onsti o Althou!h dis*ualified )ud!es 2&R&N$ removed fr ofc, they were hampered in exern! al the powers and resps of the ofc in all cases properly cm! before the ct 6&N+&, the Act +AN$ become law since its repu!nant to the +onsti 051 $he Act dis3ualified a majority ofht econstil component mems ofhte '

$6?-, it deprives it of its 7 established by the +onsti o epirves the -+ of its )ud power o Hiolates sepn of powers 0>1 $he desi!nees 2O?' N$ have been consented to by the +omm on ApptmentsK $6?-, the apptment C/:2&%(6 comply #$ the 'onsti o -ince the *ualns of the inferior )ud!es are diff fr a )ust of the -+, its possible that the substi, whod act as re! )ust, 2ON$ have the *ualns re*d by the +onsti o -ince a ma) will be dis*ualified, a ma) of the -+ shant be so appted and confirmed pursuant to the +onsti 0=1 L the temp compo fo the '(s %/6 authori@ed by the 'onsti since the -+s / of the perma instis of !ovt o althou!h the prov on the no of -+ )usts and manner of their sittin! has a clause Gunless otherwise provided by law,M theres NO such clause in the provi for *ualns and mode of apptment of such 0<1 &ven if the substi )ust would be temp, hed be participatin! in the delibs and acts of the -+K his vote will be counted as any re! 7ust o meth of apptment of a ' =ust provided by the 'onsti(s manda and bindin! upon all depts# of vot o 6&N+&, those NO$ fallin! under the defn and those NO$ duly appted may NO$ act as a -+ 7ust, &H&N ,B only temp (>argas v.+illora@a (5*)

Con#tr! of re#tr'# on e)'g'"')'t* (1) "resum in favor of eligibility.D $heres a presum in favor of the eli!ibility of / whos been elected/appted to pub ofc o ?N'&-- excluded therefr by some le! dis*ualns, A'' persons are normally and e*ually eli!ible to pub ofc (2) 1asis of presum.Dstron! pub policy in favor of eli!ibility to pub ofc and a constil prov, where the lan! and contxt allow, should be construed so as to preserve this eli!ibility as ambi!uities are to be resolved in favor of eli!ibility to ofc o basic and universally accepted R" constil and stat provs w/c tend to limit the candidacy of any person for pub ofc must be construed in favor of the rt of voters to exer their choice and should be construed strictly and NO$ extended to cases NO$ clearly covered thereby o -ame 2R$ the rt to aspire and hold pub ofc (-) + of liberal construc.Drt to pub ofc strictly construed v# ineli!ibility o CR" rt of a cit to hold ofc, &" ineli!ibility o cit may NO$ be deprived of this rt w/o proof of some dis*ualn specifically declared by law o while statues declarin! *ualns are to rcv liberal construc, O&-N$ mean that cts should !ive an unreasonable construct to uphold the rt of / to hold ofc T'(e of po##e##'on of 3!a)n# lan! used in constil/stat provs declarin! *ualns (1) Chere specified by 'onsti$la#.D +onsti/law may, expressly/by nec implication, specify time when re*d eli!ibility must exist o +andidate must possess the nec *ualns at that time o ,f its specified that they must exist at the time of elec, a candidate

who O&-N$ possess them at that times NO$ eli!ible althou!h the dis*ualns cease to exist before the be! of the term (2) Chere 'onsti$la#(s silent.Dnec for cts to have recourse to some other means of detin! the matter o ta.e into consid terms employed in declarin! the *ualns o 0a1 -ome cts ta.e the view that Geli!ibleM as used in constis and statutes, refers to the cap of NO$ bein! elected/appointed to ofc, B?$ of holdin! hold if *ualified at the time of commencement of the term/induction into ofc, dis*ualns of the candidate/appointee at the time of elec/apptments immatl o 0b1 other cts" condis of eli!ibility must exist at the time of elec/apptment, and their existence only at the time of commencmenet of the term of ofc/induction of the candiate/appointee into ofc and assumption by him of his duties ,-N$ suff to *ualify him for ofc o 0c1 where the prov refers to holdin! of ofc, RA$6&R than to eli!ibility to ofc, in definin! the *ualns, cts hold that *ualns are to be detd at the time of commencement of the term/induction into ofc, RA$6&R than at the time of elec/apptment (-) Chen 3ualns must al#ays e4ist.D fact tha tthe candidate/appointee may have been *ualified at the time of his elec/apptments NO$ suff to entitle him to hold ofc, if at the time of commencement of the term/tenure durin! the continuance of the incumbency, he ceases to be *ualified o 0a1 &li!ibility to pub ofc is continuin! and must exist at commencement of term AN durin! occupancy of ofc o 0b1 *ualns prescribed for elective ofc +AN$ be erased by electorate will of ppl as expressed thru ballot +AN$ cure the vice of ineli!ibility esp if they mista.enly believed he was *ualified Rs strictly applied when deficiencys lac. of citi4enship NO$2/-$AN ,NC evid of candidates natli4ation after proclamation (7rivaldo v. 'omelec *E) o 0c1 ->@, 'C+ 0GAualns of &lective OffsM NO$ candidates1 O&-N$ specify any parti date/time when the candidate must possess citi4enship, ?N',I& resid 0at least /ys resid immediately precedin! the day of elec1 and a!e 0at least 5>yrs on elec day1 if purpose of cit4enship re*ts to ensure our ppl and country ,-N$ !overned by aliens ppl 0owin! alle!iance to another nation1, that aim 2O?' N$ be thwarted B?$ achieved by construin! the citi4enship *ualn as applyin! to the time of proclamation of the elected off and at the start of his term (7rivaldo v. 'omelec E))Brivaldo !iven liberal interp 0repatriated1

.lected mayor #as F the min age re3t of 2- #hen proclaimed elected. 7! Appeal fr +B, decision declarin! resp ( ineliible to be voted as muni mayor and en)oinin! him fr assumin! ofc o N( was O5>yo when proclaimed elected 0A59/=, Rev Adm +ode1 o (" + was estopped fr Ain! his eli!ibility 8! 2ON +s estopped fr Ain! eli!ibility of resp, NO$2A-$AN ,NC .nowled!e of ineli!ibility an failure to A eli!ibility of ( before/durin! elec H! %o. 'andidate(s ineligibility al#ays subj to A 2here its nec esp to plead estoppel, if facts constitutin! estoppel AR&N$ pleaded, a findin! that estoppel exists is unauthori4ed o Rt to elective muni ofc can be contested, under existin! le!is, ON'( AB$&R PRO+'AFA$,ON o $heres no authori4ed proceedin! by w/c an ineli!ible candidate could be stopped fr runnin! for ofc o CB O&-N cure a candidates ineli!ibility althou!h it mi!ht be a !ood def in a crim pros ('astaneda v. Gap (2-) B2 Part' 1!a)n# an$ D'#3!a)n# 1!a)n# !#! re3$ of p!" of er# Aualns for pub ofc are continuin! re*ts and )ust be possessed at the time of apptment/elec/assumption of ofc AN durin! ofcers entire tenure o /ce any of the re*d *ualns is lost, his title may be reasonably challene!d (7rivaldo v. 'omelec (*E) Bormal *ualns usu re*d of pub ofcers include these" (1) 'iti@enship % aliens en)oy many rts of cits B?$ labor under disabils o Cen prin" aliens NO$ eli!ible to pub ofc, ?N&'-- priv is extended to them by statute o 0a1 enforcement of the prin needs aid of neither stat/constil enactment/restrics !ovts instituted by cits for lib and protn, and its to be administered and its powers and fnxs exerd only by them and thru their a!ency pub sch teacher, who by vol chan!e of citi4enship/opn of law, ceases to be a Bil cit 3 dis*ualified fr holdin! any pos in teachin! serv teachin! in a pub schs a pub fxn w/c may be performed by cits ON'( (Gee v. &ir of "ub chs ;<1 o 0b1 *ualns prescribed for elective ofc +N$ be erased by electorate will of ppl as expressed thru ballot +AN$ cure vice of ineli!ibility, esp if they mista.enly believed that the candidate was un*uaiified this R re*uires strict appli when deficiency is lac. of citi4enship (7rivaldo) (2) Age % althou!h all persons are normally considered *ualified for pub ofc, a!e may pres an obstacle to holdin! of ofc/parti ofces o fact a persons reached ma) O&N-$ *ualify him 2R$ a!e, to hold every ofc o a!e limit for certain ofces may, by constil/stat provs, be placed beyond the pd of ma)

Re(o-a) of $'#3!a)n# $!r'ng ter( cts 6AH&N$ a!reed as to effect of removal by ofc holder of dis*ualns after commencement of term of ofc and durin! continuance o some" removal validates title of incumbent o others" depend on nature of dis*ualn, mode of removin! it, time at w/c its removed, etc ,''?-$RA$,H& +A-&"

re*t a candidate posses the a!e *ualns founded on pub policy and if he lac.s the a!e on the day of elec, he can be declared ineli!ible o fact that candidate was elected 2ON$ ma.e the a!e re*t directory/validate his elec o will of the ppl as expressed thru the ballot +AN$ cure the vice of ineli!ibility (9arvida v. ales, =r. (E,) (-) +t of suffrage.D-ince its !enerally denied to nonDcits, exclusion of unnaturali4ed forei!ners fr pub ofc is accomplished by permittin! only electors/voters to be pub ofcers o where the laws silent 2R$ *ualns to ofc, it must be understood that only electors are eli!ible o B?$ view" all persons are e*ually eli!ible to ofc who AR&N$ excluded by some constil/le! dis*ualn and if not excluded, persons NO$ electors may be appointed/elected to ofc 0failure to re! O&-N$ dis*ualify even thou!h law re*uires him to be a *ualified voter1 $rue where a!e *ualns below the min votin! a!e re*ts (5) +esid.Dprovs in +onsti and statutes prescribin! resid *ualns for ofc o candidate for elec/aptment to ofc/potl subdiv/unit may be re*d by prov of statute to be a resid/inhabitant there o GresidM and GdomM as used in statutes, are synonymous both import an intention to reside in a fixed place and pers presence, coupled w/ conduct indicative of that intention (%uval v. 9uray (2*) (<) .duc.D!en prin" the more educ an indiv has, the better and more effective pub ofcer hell be o B?$ possible for a person to become an impt asset to !ovt &H&N w/ little/no formal schoolin! o F, may cases thou!h, statutes prescribed educl *ualns when they reasonably relate to the speciali4ed demands of an ofc, enablin! the holder to properly and intelli!ently perf the duties of such ofc 0-2 ofcer in 'C 3 de! in soc devt wor.1 o 6&N+&, there are certain ofces w/c can be properly filled only by persons possessin! profl attainments ()) Abil to read and #rite.D this *ualn may lawfully be made since theres NO constil prohi v# it, esp where it has a reasonable rel to the duties of the pos (,) "otl affiliation.DNormally, discrimination in pub employment :cause of potl affiliations proscribed by the +Onsti o since runnin! for and holdi!n potl ofc are forms of potl exp, there must exist a compellin! state int to uphold the validity of restrics on holdin! potl ofc o +onsti and existin! laws sometimes re*uire as a condi of eli!ibility to certain ofces nomination by membership in a potl p/!rp (A), 1,0 1*H 29', 5<IbJ) (*) 'iv serv e4am.D Aualns in an appropriate exam for apptment to positions in the /st and 5nd levs in the career serv is re*d under the +iv -erv 'aw ("& *?,, 1EI,J) to insure that such apptments made only accd! to merit and fitness to perf the duties an assume the resps of the positions o

Re)'g'o!# 3!a)n# proh'"'te$ rel beliefs/opins +AN$ be a test of potl rt and priv (Mechem1 ?- -+" A states constil prov w/c bars every person who refuses to declare belief in Cod fr holdin! pub ofc unconstilally invades freedom of belief and rel of appointee to ofc and +AN$ be enforced v# him (6orrasco v. CatKins) -tates constil prov w/c prohibited ministers of rel creed/denom fr bein! eli!ible to state le!is 3 unconstil" NO state int can be discerned to )ustify burden on free exer of rel (;irley v. Maryland) +onsti" NO rel test shall be re*d for exer of civ/potl rts (A-, <) Rel test % demandin! avowal/repudiation of certain rel beliefs before perf of any act o 'aws prescribin! *ualn of pub offs/ees, appointive/elective/voter, +AN$ contain re*ts of rel beliefs -5/9<, Revised Admin +ode 0/91" ,n no cases shall there be elected/appointed to a muni ofc ecclesiastics 3 NO$ repealed by >< and 9> +onstis" NO rel test shall be re*d for exer of civ/potl rt o "amil v. 6eleron 09E1" A priest +AN$ be elected as muni mayor Finority vots of < -+ mems prevailed over insuff votes of 9 Re*t to declare law unconstil" 5/> mems of -+ under >< +onsti or /8 under 9> o Prohi in Revised Admin +ode of /9 ,-N$ provided in Admin +ode of E9 Po.er of Cong to '(po#e prop 3!a)n# (1) >ie# that la# constil.Dfund law of some states in ?- prohis imposin! of prop *ualn as condi of eli!ibility to pub ofc o prohis been construed as applyin! ON'( to ofces provided for in +onsti v# ofces created by le!is o holders of pub ofc/parti /s have been re*d to be freeholders in some 7s ?N'&-- inhibited by +onsti, a le!is has the power to impose prop *ualns upon ofc 6s o Re*t that certain pub ofcers be resid prop owners O&-N$ trans!ress constil !uarantees of P and e*ual protn (2) >ie# that la# unconstil.DOwnership of land as a prere* to holdin! elective ofc constis invidious disc v# nonDlandowners, econ !errymanderin!runs afoul of e*ual protn and P !uarantees o NO ratl connection bet *ualns for administerin! pub affairs and ownership of real prop Ma3uera v. 1orra 0;<1" -+ declares unconstil RA ==5/ 0amended Revised &lec +ode1 re*uirin! all candidates for pub ofces to post surety bond 3 / yr salary/emoluments of the pos for w/c theyre candidates 3 forfeited if they, & when declared winner, fail to obtain /8P votes cast for ofc to w/c filed +O+s o -+" 6as effect of imposin! prop *ualns inconsistent w/ essence and nature of republican sys in our +onsti and prins of soc )ust underlyin! it o Potl syss based on tenet" soverei!nty resides in the ppl and all !ovt auth emanates fr them o ,mplies that the rt to vote and be voted for -6AN$ be dependent on wealth of indiv o -oc )us presupposes e*ual opp for all, rich and poor

NO person shall, by reason of poverty, be denied chance to be elected to pub ofc

immediately precedin! their appointment# ()) 'hairman and 'ommissioners of the 'omelec AR$,+'& ,Q % +# $6& +OFF,--,ON ON &'&+$,ONSe t'on 12 819 $here shall be a +ommission on &lections composed of a +hairman and six +ommissioners who shall be naturalDborn citi4ens of the Philippines and, at the time of their appointment, at least thirtyDfive years of a!e, holders of a colle!e de!ree, and must not have been candidates for any elective positions in the immediately precedin! elections# 6owever, a ma)ority thereof, includin! the +hairman, shall be members of the Philippine Bar who have been en!a!ed in the practice of law for at least ten years# (,) 'hairman and 'omissioner of the '/A AR$,+'& ,Q % # $6& +OFF,--,ON ON A? ,$ Se t'on 12 819 $here shall be a +ommission on Audit composed of a +hairman and two +ommissioners, who shall be naturalDborn citi4ens of the Philippines and, at the time of their appointment, at least thirtyDfive years of a!e, +ertified Public Accountants with not less than ten years of auditin! experience, or members of the Philippine Bar who have been en!a!ed in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately precedin! their appointment# At no time shall all Fembers of the +ommission belon! to the same profession# (*) 'hairman and Members of the 'ommission on Hum +ts AR$,+'& Q,,, % 6?FAN R,C6$Se t'on 172 849 $he +ommission shall be composed of a +hairman and four Fembers who must be naturalDborn citi4ens of the Philippines and a ma)ority of whom shall be members of the Bar# $he term of office and other *ualifications and disabilities of the Fembers of the +ommission shall be provided by law# (E) /mbudsman and his deputies AR$,+'& Q, % A++O?N$AB,',$( OB P?B',+ OBB,+&RSe t'on :2 $he Ombudsman and his eputies shall be naturalDborn citi4ens of the Philippines, and at the time of their appointment, at least forty years old, of reco!ni4ed probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately precedin! election# $he Ombudsman must have, for ten years or more, been a )ud!e or en!a!ed in the practice of law in the Philippines# 1!a)n# pre# r'"e$ "* )a. for erta'n of er# (1) ecs of &epts Adm 'ode of *,, bK 8>, ch 1?, sec. 5<! $he -ecs thall be cits of the Phils and NO$ O5=y of a!e# (2) "residing =ust and Assoc =usts of the 'A

1!a)n# pre# r'"e $"* the COn#t' for erta'n of er# (1) "res and >" AR$,+'& H,, % &Q&+?$,H& &PAR$F&N$ Se t'on 4# No person may be elected President unless he is a naturalDborn citi4en of the Philippines, a re!istered voter, able to read and write, at least forty years of a!e on the day of the election, and a resident of the Philippines for at least ten years immediately precedin! such election# Se t'on 5# $here shall be a HiceDPresident who shall have the same *ualifications and term of office and be elected with, and in the same manner, as the President# 6e may be removed from office in the same manner as the President# (2) enators

AR$,+'& H, % $6& '&C,-'A$,H& &PAR$F&N$ Se t'on 5# No person shall be a -enator unless he is a naturalDborn citi4en of the Philippines and, on the day of the election, is at least thirtyDfive years of a!e, able to read and write, a re!istered voter, and a resident of the Philippines for not less than two years immediately precedin! the day of the election# (-) Mems of the House of +eps Se t'on 6# No person shall be a Fember of the 6ouse of Representatives unless he is a naturalDborn citi4en of the Philippines and, on the day of the election, is at least twentyDfive years of a!e, able to read and write, and, except the partyDlist representatives, a re!istered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately precedin! the day of the election# (5) Mems of the ' and lo#er collegiate court

AR$,+'& H,,, % 7? ,+,A' &PAR$F&N$ Se t'on 72 819 No person shall be appointed Fember of the -upreme +ourt or any lower colle!iate court unless he is a naturalDborn citi4en of the Philippines# A Fember of the -upreme +ourt must be at least forty years of a!e, and must have been for fifteen years or more, a )ud!e of a lower court or en!a!ed in the practice of law in the Philippines# 859 A Fember of the 7udiciary must be a person of proven competence, inte!rity, probity, and independence# (<) 'hairman and 'ommissioners of the 'iv erv

AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 12 819 $he civil service shall be administered by the +ivil -ervice +ommission composed of a +hairman and two +ommissioners who shall be naturalDborn citi4ens of the Philippines and, at the time of their appointment, at least thirtyDfive years of a!e, with proven capacity for public administration, and must not have been candidates for any elective position in the elections

BP 14;, Se 2 72 Aualifications. B $he Presidin! 7ustice and the Associate 7ustice shall have the same *ualifications as those provided in +onstitution for 7ustice of the -upreme +ourt# (-) =udges of +6's Se 2 1<2 Aualifications. R No persons shall be appointed Re!ional $rial 7ud!e unless he is a naturalDborn citi4en of the Philippines, at least thirtyDfive years of a!e, and for at least ten years, has been en!a!ed in the practice of law in the Philippines or has held a public office in the Philippines re*uirin! admission to the practice of law as an indispensable re*uisite# (5) =udges of the Me6's, M6's and M'6's Se 2 462 Aualifications. R No person shall be appointed )ud!e of a Fetropolitan $rial +ourt, Funicipal $rial +ourt, or Funicipal +ircuit $rial +ourt unless he is a naturalDborn citi4en of the Philippines, at least >8 years of a!e, and, for at least five years, has been en!a!ed in the practice of law in the Philippines, or has held a public office in the Philippines re*uirin! admission to the practice of law as an indispensable re*uisite# (<) .lective loc offs L/C, SEC2 5;2 Aualifications# D 0a1 An elective local official must be a citi4en of the PhilippinesK a re!istered voter in the baran!ay, municipality, city, or province or, in the case of a member of the san!!unian! panlalawi!an, san!!unian! panlun!sod, or san!!unian bayan, the district where he intends to be electedK a resident therein for at least one 0/1 year immediately precedin! the day of the electionK and able to read and write Bilipino or any other local lan!ua!e or dialect# 0b1 +andidates for the position of !overnor, viceD !overnor or member of the san!!unian! panlalawi!an, or Fayor, viceDmayor or member of the san!!unian! panlun!sod of hi!hly urbani4ed cities must be at least twentyDthree 05>1 years of a!e on election day# 0c1 +andidates for the position of Fayor or viceDmayor of independent component cities, component cities, or municipalities must be at least twentyDone 05/1 years of a!e on election day# 0d1 +andidates for the position of member of the san!!unian! panlun!sod or san!!unian! bayan must be at least ei!hteen 0/E1 years of a!e on election day# 0e1 +andidates for the position of punon! baran!ay or member of the san!!unian! baran!ay must be at least ei!hteen 0/E1 years of a!e on election day# 0f1 +andidates for the san!!unian! .abataan must be at least fifteen 0/<1 years of a!e but not more than twentyDone 05/1 years of a!e on election day# 6orayno, r. v. 'omele (??! Re*uirin! candidates to have min pd of resid in area where they see. to be elected +onsti/law intends to prevent stran!er/newcomer unac*uainted w/ condis and needs of comm# and NO$ idd w/ it fr see.in! elec ofc to serve it

&xclude outsiders fr ta.in! adv of favorable circs existin! in that comm# for electoral !ain

()) Mems of 1oard of .lec 8nspectors O(n'"!# E)e Co$e, Se 2 1662 Aualification of members of the board of election inspectors# D No person shall be appointed chairman, member or substitute member of the board of election inspectors unless he is of !ood moral character and irreproachable reputation, a re!istered voter of the city or municipality, has never been convicted of any election offense or of any other crime punishable by more than six months of imprisonment, or if he has pendin! a!ainst him an information for any election offense# 6e must be able to spea. and write &n!lish or the local dialect# D'#3!a)n# to ho)$ p!" of Cen" ,ndivs who lac. any of the *ualns prescribed by the +onsti/law for a pub ofc are ineli!ible/dis*ualified fr holdin! ofc o Apptment of ineli!ible/un*ualfied person 3 nullity is*ualn to hold a pub ofc may arise fr diff causes" 1. Mental$phys incap % fr naturee of case, an idiot/person non compos mentis is incapable of acceptin!/ holdin! pub ofc 0Fechem1 o law may expressly re*uire that pub ofcer be in possession of his mental faculties o while a blind person may labor at a disadv in certain pub ofces, his affliction O&N-$ atutomatically dis*ualify him if he possesses the other *ualns imposed by law and theres NO prov excludin! him fr ofc :cause of his blindness, he may be eli!ible to the ofc 2. Misconduct$crime % to assure pub confid in the essential inte!rity of the !ovt, pesons convicted of crimes involvin! moral turpitude are usu dis*ualified fr holdin! pub ofc o provs of a statute prohibitin! convicted persons fr *ualifyin! for ofc promote honesty and inte!rity in candidates and 6s of pub ofc o a# 2ON the ineli!ibility to hold ofc :cause of crime results fr the mere commission/arises only after prosecution and conviction depends on the wordin! of th e applicable constil/stat provs 0O,+, -/5K RP+, ->8 and >/1 o b# the le!is re*t that a person must have NO crim rec so he may *ualify for apptment 2A-N$ intended to automatically cover &H&R( violn of a muni/city ordin carryin! a sanction of a minimal fee to enforce it a violn of a muni ordin to *ualify as a crime F?-$ involve at least a certain de! of evildoin!, immoral conduct, corruption, malice/want of prins reasonably related to the re*ts of the pub ofc -+ , N$ sustain the ar!s that ON'( violns of statutes enacted by the natl le!is can !ibe rise to crimes/a crim rec as these terms are used in our law on 'C/the law of pub ofcers ,t t. co!ni4ance of the distinction in the law of muni corps w/c dists bet acts NO$ essentially crim relatin! to muni

10

-. 8mpeachment

re!ns for the promo of peace, !ood order, health, safety and comfort of residents 0ex# )aywal.in!, traffic violn1 and acts intrinsically punishable as a pub offense A penalty imposed for the breach of a muni re!ns NO$ necessarily an exer of the soverei!n auth to define crimes and provide for their punishment, dele!ated to a 'C ,n many cases, the penaltys F&R&'( intended N$ to render the ordin inoperative/useless 0 e Cu4man v# -ubido1

AR$,+'& Q, % A++O?N$AB,',$( OB P?B',+ OBB,+&RSe t'on 4# $he President, the HiceDPresident, the Fembers of the -upreme +ourt, the Fembers of the +onstitutional +ommissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the +onstitution, treason, bribery, !raft and corruption, other hi!h crimes, or betrayal of public trust# xxx Se t'on 52 879 7ud!ment in cases of impeachment shall not extend further than removal from office and dis*ualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and sub)ect to prosecution, trial, and punishment, accordin! to law# penalties attached to impeachment are merely incidental to the primary intention of protectin! the ppl as a body politic 0-inco1 5. +emoval$suspension fr ofc % Crounds for removal/suspension fr ofc include acts w/c would dis*ualify / fr holdin! ofc o A" 2ON the suspension/removal operates to dis*ualify / fr holdin! the same/another ofc o law can attach ineli!ibility to suspension/removal fr ofc, B?$ where theres NO constil/stat dec of ineli!ibility for such cause, the ct may NO$ impose the disabil o +ases have !enerally held that a removal fr ofc bars the removed ofcer fr an elec/apptment to fill the vacancy for the unexpired term B?$ it O&-N$ dis*ualify him to ta.e some other ofc/to be elected/appointed to a new term of the same ofc o 6&N+&, a )ud!ment of ouster may NO$ preclude the offender fr enterin! in a succeedin! term to w/c hes been elected before the )ud!ment was entered $here prins apply in cases in w/c a pub ofcer aniticipates his removal for crime/misconduct in ofc by /st tenderin! his resi! o &ven if its accepted, hes NO$ rendered eli!ibile for elec to the vacancy for the bal of the term caused by his resi! to escape expulsion <. "revious tenure of ofc % ?nder the +onsti, a disabil to succeed to ofc is imposed upon certain ofcers o a# $he Pres ,-N$ eli!ible for any reDelec a person whos been elected to and has held the ofc of Pres is absolutely dis*ualifeid for any reelec re!ardless of the len!th of time hes served 09#=1 a person whos succeeded as Pres is dis*ualified only if hes served for S=yrs 09#=1

b# the +hairmen and +omms of the +iv -erv, +omelec and +OA 0A@D B, -/051K A@D+, -/051K A@DB, -/0511 are appointed by the Pres w/o reapptment the Ombudsman and his eputies -6AN$ be *ualified to run for any ofc in the elec immediately succeedin! their cessation fr ofc 0//#//1 ). 'onsecutive terms % the +onsti prohis the holdin! of certain elective ofces by the same persons for S a stated no of consecutive terms o a# HP -6AN$ serve for S5 successive terms voluntary renunciation of the ofc for any len!th of time -6AN$ be considered as an interruption in the continuity of the serv for the full term for w/c he was elected 09#=1 o b# a -en -6AN$ serve for S 5 consecutive terms vol renunciation of the ofc for any len!th of time -hAN$ be considered as an interruption in the continuity of his serv for the full term for w/c he was elected 0;#=1 o c# A mem of the 6ouse of Reps -6AN$ serve for S > consecutive terms vol renunciation of the ofc for any len!th of time -6AN$ be considered as an interruption in the continuity of his serv for the full term for w/c he was elected 0;#91 o d# $he term of ofc of elective loc offs, & br!y offs, w/c shall be detd by law, shall be >yrs and NO such off shall serve for S > consecutive terms vol renunciation of the ofc for any len!th of time -6AN$ be considered as an interruption in the continuity of his serv for the full term for w/c he was elected 0/8#E1 ,. Holding L 1 ofc % $heres NO constilally protected rt to hold incompatible ofces o R v# holdin! incompatible ofces O&N-$ result in an unconstil infrin!ement of pers and potl rts A -tate has le!it int in preventin! / person fr holdin! multi pub ofces manifest purposes of a restric on multi holdin!s are to prevent ofces of pub trust fr accumulatin! in a sin!le person, and to prevent indivs fr derivin!, directly/indirectly, any pecuniary bene by virtue of their dual positionDholdin! o &ven if the duties ON$ conflict, the consolidation of !ovt fxns in a sin!le person could adversely affect the freedom of exp by others 2here a persons prohibited fr holdin! 5 ofces at the same time, his apptment/elec to a 5nd ofc may operate to vacate the /st or he may be ineli!ibile for the 5nd o +onsti imposes limitations on the rt of certain offs to hold S / ofc at the same time o

AR$,+'& H,, % &Q&+?$,H& &PAR$F&N$ Se t'on 15# $he President, HiceDPresident, the Fembers of the +abinet, and their deputies or assistants shall not, unless otherwise provided in this +onstitution, hold any other office or employment durin! their tenure# AR$,+'& H, % $6& '&C,-'A$,H& &PAR$F&N$

11

Se t'on 15# No -enator or Fember of the 6ouse of Representatives may hold any other office or employment in the Covernment, or any subdivision, a!ency, or instrumentality thereof, includin! !overnmentDowned or controlled corporations or their subsidiaries, durin! his term 0or tenure1 without forfeitin! his seat# AR$,+'& H,,, % 7? ,+,A' &PAR$F&N$ Se t'on 14# $he Fembers of the -upreme +ourt and of other courts established by law shall not be desi!nated to any a!ency performin! *uasiD)udicial or administrative functions# AR$,+'& ,Q % A# +OFFON PROH,-,ONSe t'on 42 No member of a +onstitutional +ommission shall, durin! his tenure, hold any other office or employment# AR$,+'& Q, % A++O?N$AB,',$( OB P?B',+ OBB,+&RSe t'on :2 urin! their tenure, they 0Ombudsman and deputies1 shall be sub)ect to the same dis*ualifications and prohibitions as provided for in -ection 5 of Article /QDA of this +onstitution# AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 72 ?nless otherwise allowed by law/by the primary fxns of his pos, No appointive official shall hold any other ofc/employment in the Covt/any subdiv, a!ency/instrumentality thereof, inc CO++-/their subsids# AR$,+'& QH, % C&N&RA' PROH,-,ONSe t'on <2 8=9 No member of the armed forces in the active service shall, at any time, be appointed or desi!nated in any capacity to a civilian position in the Covernment, includin! !overnmentDowned or controlled corporations or any of their subsidiaries# A person who accepts and *ualified for a 5 nd and incompatible ofc is deemed to vacate/by implication, to resi!n fr the /st ofc o -ame R obtains where the holdin! of S / pos is prohibited by constil/stat prov A'$6O?C6 the 5nd pos ,-N$ incompatible w/ the /st *. +el #$ the appointing po#er % -ince a pub ofc is a pub trust, created for the bene and in the int of the ppl, apptments thereto should be based solely on merit and fitness uninfluenced by any personal/filial consid o a# +onsti prohis the Pres fr appointin! his close rels to hi!h positions in the !ovt

rel of the appointin!/recommendin! auth, or of the chief of the bureau or ofc, or of persons exerin! immediate super over him, are prohibited o As used in the law, the word GrelativeM and mems of the fam referred to are those related w/in the >rdd de! of consan!uinity/affinity o $he restric -6AN$ be applicable to the case of a mem of any fam who, after his/her apptmnt to any pos in an ofc/bureau, contracts marr w/ some/ in the same ofc/bureau, in w/c event the employment/retention therein of both husb and wife may be allowed $he ff are exempted fr the opn of the Rs on nepotism" o /# Persons employed in a confid cap o 5# $eachers o ># Physicians and o =# Fems of the ABP in ea parti instance, full rpt of such apptment shall be made to the +ommission 0P E89, -=@K Admin +ode of E9, B. <, +h 9, -<@1 o to !uarantee that the laws duly observed, its re*d that the apptment paper should be accompanied by a cert of the appointin!/recommendin! auth statin! there that hes NO$ related to the appointee w/in the >rd de! of consan!uinity/affinity 0$ayno v# Ppl1 E. /fc ne#ly created$the emoluments of #$c have been increased %

AR$,+'& H, % $6& '&C,-'A$,H& &PAR$F&N$ Se t'on 15# Neither shall he 0-en/Fem of the 6ouse of Reps1 be appointed to any office which may have been created or the emoluments thereof increased durin! the term for which he was elected# A# $o create a new ofc w/in the mn! of such prov, +on! must itself cause it to exist/brin! into existence, and it O&-N$ do so where it o leaves the creation of the ofc to the ppl or o merely provides a new meth of fillin! an ofc or o simply adds new/addl duties to an ofc B# if the inc in the emoluments ,-N$ effected by a prov enacted by +on!, B?$ by the act of some other body/ofcer, the prohi O&-N$ apply o purpose sou!ht to be accomplished by such provs NO$ merely to prevent an indiv le!islator fr profitin! by an axn ta.en by him w/ bad motives, B?$ to prevent all le!islators fr bein! influenced by either conscious/unconscious selfish motive o $erm GemolumentM O&-N$ refer to the fixed salary alone thats attached to the ofc, B?$ includes such fees and compensations as the incumbent of the ofc is by law entitled to rcv 1?. 1eing an elective off 0

AR$,+'& H,, % &Q&+?$,H& &PAR$F&N$ Se t'on 15# $he spouse and relatives by consan!uinity or affinity within the fourth civil de!ree of the President shall not, durin! his tenure, be appointed as Fembers of the +onstitutional +ommissions, or the Office of the Ombudsman, or as -ecretaries, ?ndersecretaries, chairmen or heads of bureaus or offices, includin! !overnmentD owned or controlled corporations and their subsidiaries# B# ?nder the +iv -ev ec, all apptments in the natl, provl, city and muni !ovts/in any branch/instrumentality thereof, inc CO++s, made in favor of a

AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 72 No elective official shall be eli!ible for appointment or desi!nation in any capacity to any public office or position durin! his tenure# +onsti see.s to minimi4e the spoils sys o $he dis*ualn subsists only durin! the tenure in ofc 0NO$ term of ofc1 of the elective off

12

o 6e may be appointed provided he forfeits his seat 11. Having been a candidate for any elective pos B

office in the !overnment or any !overnmentDowned or Dcontrolled corporations or in any of their subsidiaries# Chapter Three AC1UISITION OF RT+TITLE TO OFC A2 In /en Mo$e# of o((en 'ng off re)n# pub ofc, bein! a trust/a!ency created for the bene of the ppl, can be obtained only in the manner prescribed by the +onsti/law o off power +AN$ exist in any person by his own assumption/by the employment of some other priv person NO$ authori4ed by law to ma.e the apptment o manner of selectin! persons for pub ofc is !enerally by elec/apptment Mng of appt(ent /# Apptment % act of desi!nation by the exec ofcer, board/body to whom that powers been dele!ated, of the indiv whos to exert the powers and fxns of a !iven ofc o distin!uished fr the seln/desi!nation by a popular vote 5# Apptments, in law, e*uiv to fillin! a vacancy in an ofc 0+onde v# Natl $obacco +orp1 ># $erm appoint, whether re!arded in its le!/ordin acceptation, is applied to the nomination/desi!nation of an indiv to an ofc 0Borromeo v# Fariano1 Where appo'nt'ng po.er re#'$e# 1. 8nherently belongs to the ppl % seln of persons to perf the fxns of !ovts primarily a prero of the ppl o since the ppl are the source of !ovt, the power of selectin! persons for pub ofc inherently belon!s to them o B?$ the ppl +AN$ always be called upon to act immediately when the seln of an off is nec o Fay be said that the power of apptmnt to pub ofces belon!s to where the ppl have chosen to place it by their +onsti/laws 2. .ntrusted to designated elected and ppointed pub offs % apptment of pub offs is !enerally l.ed upon as properly belon!in! to the exec dept o apptments may also be made by +on!/the cts, B?$ when so made should be ta.en as an incident to the dischar!e of fxns w/in their respective spheres o &s made in favor of +on! as to apptments to ofc stren!then rather than wea.en the !rant of power to appoint ofcers in the exec 0Covt v# -prin!er1 o Absent any contrary stat prov, the power to appoint carries w/ it the power to remove/discipline 0A!uirre, 7r# v# +astro1 Appo'nt'ng po.er genera))* regar$e$ a# an e,e f,n 1. Chere po#er e4erd by e4ec dept % power of apptment to pub ofc is !enerally re!arded as, in its nature, an exec fxn, whether exerd by the exec, le!is/)ud ofcers/bodies for apptments to ofc are in their nature intrinsically

AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 62 No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Covernment or any CovernmentD owned or controlled corporations or in any of their subsidiaries# Prov is directed v# the potl lameDduc.s o Fems of the +onstil +omm must NO$ have been candidates for any elective pos in the elecs imemdialtey precedin! their apptment 0@DB, -/0/1, @D+ -/0/1, @D , -/0/11 12. :nder the 29' B

-&+# =8# &is3ualifications. D $he followin! persons are dis*ualified from runnin! for any elective local position" 0a1 $hose sentenced by final )ud!ment for an offense involvin! moral turpitude or for an offense punishable by one 0/1 year or more of imprisonment, within two 051 years after servin! sentenceK 0b1 $hose removed from office as a result of an administrative caseK 0c1 $hose convicted by final )ud!ment for violatin! the oath of alle!iance to the RepublicK 0d1 $hose with dual citi4enshipK 0e1 Bu!itives from )ustice in criminal or nonpolitical cases here or abroadK flee after conviction to avoid punishment and those who, after bein! char!ed, flee to avoid prosecution o intent to evade established by proof theres been a conviction/char!e filed at the time of fli!ht 0Rodri!ue4 v# +omelec1 0f1 Permanent residents in a forei!n country or those who have ac*uired the ri!ht to reside abroad and continue to avail of the same ri!ht after the effectivity of this +odeK and 0!1 $he insane or feebleDminded# -&+# @=# Appointment of .lective and Appointive 2ocal /fficialsH 'andidates #ho 2ost in .lection. 0 0a1 No elective or appointive local official shall be eli!ible for appointment or desi!nation in any capacity to any public office or position durin! his tenure# ?nless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the !overnment or any subdivision, a!ency or instrumentality thereof, includin! !overnmentDowned or Dcontrolled corporations or their subsidiaries# 0b1 &xcept for losin! candidates in baran!ay elections, no candidate who lost in any election shall, within one 0/1 year after such election, be appointed to any

13

exec acts 0Fechem1 o ?nder a +onsti callin! for a sepn of powers amon! the > branches of !ovt, the creation of apub ofc is a le!is fxn o Apptment of a parti person to an ofc is an exec fxn and the le!is may confer this power of apptment on the Pres/on another pub ofcer or board w/in the exec dept 2. Chere po#er e4erd by other depts. % Apptmnts to ofc by / dept ON$ necessarily consti encroachment on any other branch o )ud ofcers often ma.e apptments to ofc in the dischar!e of their off duties 0A9, -<T;U1in accordance w/ +iv -erv 'aw o a le!is also appoitns the ofcers it needs to dischar!e properly its duties as an indep le!is body such apptments by the several depts# of !ovt are nec to enable them to maintain their indep existence and ON$ involve an encroachment on the fxn of any other branch o some cts appeared unwillin! to concede that the power to appoints intrinsically/wholly an exec power, and in fact, its NO$ so in the sense that it necessarily belon!s to th exec dept exc rt to exer the power of apptmnts NO$ included in the !en !rant of power to the exec

Po.er to appo'nt $'# ret'onar* 1. "o#er of cts to rv# apptment % Apptment/reapptment 0,ance of new apptment1 of a pub ofcer involves the exer of discretion w/c, unless !ravely abused, the cts 2ON$ attempt to cont o it +AN$ be the sub) of an appli for a writ of mandamus to compel the exerr of such discretion a# Althou!h the appoitnin! ofc/body may listen to the su!!estions and recomms of others, the seln must finally be his/its act the power to select an appointee is and should be vested alone in the ofcers /bodies authori4ed to appoint, thou!h such powers limited to candidates havin! the *ualns re*d by the civ serv law and Rs li.e the assessmnt of the appointees *ualns, by detn of 2ON the apptments demanded by the exi!encies of the serv should be made by the appointin! auths, at least in the / st instance 0$eolo!o v# +-+1 b# appointin! power has rt of choice w/c he may exer freely acd! to his )ud!ment, decidin! for himself whos best *ualified amon! those who have the nec *ualns and eli!ibiltiies its a prero of the appointin! power that may be availed of w/o liab, PROH, & that its exer in CB and NO$ in a malicious, harsh, oppressive, vinidictive/wanton manner/out of malice/spite 0Pamantasan n! 'un!sod n! Faynila v# ,A+1 truism that a pub ofc is a pub trust test should be, after bein! clear what .ind of wor.s to tbe done, who can do it best ?N'&-- any unfairness/arbitrariness can be shown

the choice of the appointin! auth must be upheld 0$orres v# Bor)a1 +# choice of an appointee fr amon! *ualified candidates/applicants is a potl and admin decision callin! for consids of wisdom,convenience, utlility and the ints of the serv w/c can best be made by the head of ofc for hes familiar w/ the or!ani4ational struc and environmental circs w/in w/c the appointee must fxn 0-evilla v# +A1 ,n appointment/promo of ees, appointin! auth considers their civ serv eli!ibilities AN perf, educ, wor. exp, trainin! and seminars attended, a!ency exams and seniority 0-alles v# Brancisco1 $as. of apptments essentially discretionary and +AN$ be controlled by cts as lon! as its properly and NO$ arbitrarily exerd by the appointin! auth 0Fathay 7r v# +A1 B?$ the moment the discretionary power of apptments exerd and the appointee assumed the duties and fxns of his pos, such apptmnt +AN$ be revo.ed by the appointin! auth and appoint another in his stead & for cause 0CF, PPA v# Fonserate1 2. "o#er of the ' ' to revoKe apptment % +omm has NO auth to revo.e an apptment on the !round that another persons more *ulified for a parti pos o has NO auth to dir the apptment of a substi of its choice/a successful protestant o a# to do so would be an encroachment on the discretion vested on the appointin! auth apptments essentially w/in the discretionary power of whomsoever its vested, sub) to the only condi that the appointee should possess the *ualns re*d by law 0+B v# +-+1 if he does, then the apptment +AN$ be faulted on the !round that there are others better *ualified who shouldve been preferred o b# 2hom to appoint amon! those who posses the re*d *uals is a potl/admin A involvin! consids of wisdom and the ints of the serv w/c only the appointin! auth can decide 0'ue!o v# +-+1 B?$ the discretion !iven the apptin! auths sub) to stricter rvw where the person appoinetds bein! returned to the !ovt after voluntarily retirin! and collectin! all the benes appurtenant to such retirement 0$eolo!o v# +-+1 o +# an apptment may be void fr the be! due to fraud of the appointee/cause it was ,ed in violn of law A void apptment +AN$ !ive rise to secu of tenure of the 6 of the apptment +omms empowered to ta.e pppropriate axn on all apptments and other pers axns 0promo1 and its power includes the auth to recall/revo.e an apptment initially approved in disre of applicable provs of law and re!ns 0 ebul!ado v# +-+1

14

,''?-$RA$,H& +A-&-" 1. 2a# provides for dra#ing of lots by dist judges as a means of deting the dists to #$c they may be assigned Bacts" Act 5@=/ was passed providin! that )ud!es of / st instance and auxiliary )ud!es shall exchan!e dists, thru lots, every <yrs, and that NO )ud!e shall conti to serve in a dist/!rp of dists in w/c hes been servin! for <yrs o -ec of 7ust ordered all )ud!es of / st instance to parti in the drawin! of lots o +, a )ud!e of the +B, of Fnla, brou!ht an axn to prohi the holdin! of the )ud lottery and declare the Act unconstil o A prelim in)unction pendente lite was ied ,ssue" 2ON the Acts unconstil 6eld" (&-# 1. Apptment to an ofc intrinsically an e4ec act % involvin! the exer of discretion o Apptments of )ud!es of /st instance are for spec ofces o $hey hold such positions of def dists :til they resi!n, retire/are impeached o 'aw intended to reco!ni4e sep and distinct )ud ofces o ,f lottery was held, p wouldve been removed fr Fnla and would proceed to another dist O$6&R $6AN that to w/c he was appointed % either pursuant to certification of the -ec of 7ust/ by new apptment by the CovDCen w/ the advice and consent of the Phil -enate 2. 2a# diminishes appointing auth % the fmr 2O?' N$ be valid since the appointin! power 0of the CovCen and Phil -enate1 ,-N$ exerd o so will the latter since the appointin! power 2ON$ exer )ud!ment B?$ rather perf a ministerial act in approvin! the apptment detd by chance w/c has been substituted for exec )ud!ment o its NO$ to appoin, B?$ to !amble w/ the ofc o $he Phil 'e!is has NO power to enact laws w/c expressly/impliedly diminish the auth conferred by the act of +on! on the +hief &xec and a branch of the 'e!is 0+oncepcion v# Paredes1 2. ec of .duc appointed resp instead of pet #ho #as recommended by the &ir of "ub chs Bacts" Both pet R and resp A have been !ovt ees continuously since 7une /< >@, and Au! /; ;9 Au! 5 ;5" R was appointed Actin! Bud!et Ofcer ,,, in the -chool Bin iv, Bureau of Pub -chs, while A was appointed Bud!et Ofcer ,,, in the Fed and ental iv effective 7uly / ;5 R was rcommended by the ir of Pub -chs for promo to Bud!e Ofcer ,H, -ch Bin iv -ec of &duc appointed A instead ,ssue" 2ho, unde th +iv -erv 'aw 0RA 55;81 has the rt to a promo to fill a vacancy in a competitve/classified pos in the !ovt as the person next in ran.

competent and *ualfied to hold the pos and possessin! of an approriate civ serv eli!ibilityJ 6eld" 1. Chen seniority to be given pref % A person next in ran. competent and *ualified to hold pos and possessin! an appropriate civ serv eli!ibilitys entitled to a vacancy occurrin! in any competitive/classified pos in the !ovt o theres the proviso thou!h that should there be 5/more persons under 3 circs, seniority must be !iven pref as bet R and A, whos the person next in ran.J Both are in the ran.in! list R, 6O2&H&R, was holdin! such ofc in an actin! cap, ?N',I& A whose tenure had permanency o ?nder the circs, it +AN$ be said that R was the person next in ran. o L there wa NO denial by R abt As seniority 2. "o#er of apptment essentially discretionary % $he appointin! power en)oys suff discretion to select and appoint ees based on their fitness to perf th duties and assume the resps of the pos to be filled o power to appoint is, in essence, discretionary o absent a showin! tha tin the exer of the rt of choice there was abuse of discretion, the +t 2ON$ substi its own discretion for that exerd by the appointin! power -. %/ rigid formula imposed for e4er of po#er % $he law O&-N$ impose a ri!id/mechanistic formula on the appointin! power, compliance w/ w/c is inexorable and a deviation therefr fatal o if there be adherence to the cocnpt that pub ofc is a pub trust, the criterion should be what pub welfare demands, what satisfies pub int o its axiomatic that pub needs could be best attended to by offs abt whose competency and abil theres NO A to that re*t, pers ambition must of necessity yield 5. &iscretionary auth of #ide scope % iscretion, if NO$ plenary, at least suff, should thus be !ranted to those entrusted w/ the resp of administerin! the ofces, primarily the dept heads o theyre in the most favorable pos to det who can best fulfil the fxns of the ofc vacated o ?N'&-- the law spea.s in the most manda and peremptory tone, considerin! all the cirs, there should be full reco! of the wide scope of such discretionary auth o NO$6,NC int eh +iv serv Act w/c is concerned w/ protectin! the rts of those in the career serv that calls for a diff conc o $he broad auth of a dept head is indubitable -uch is the policy of the law 0Reyes v# Abeleda1 -. Appointee CA %(6 recommended as re3d by 1- of the la# Bacts" 7+ Aed the apptment of P+ as mem of the Board of Fed &xaminers since his name 2A-N$ included in the list of recommendees made by the &xec +ouncil of the Phil Fed Assoc pursuant to s/>, RA 5>E5/Fed Act of /@<@ ,ssue" 2ON the apptmet of P+ was valid 6eld" (&-# $he -+ mems were of > views"

15

1. +e3t manda % Althou!h -/>s held to be manda in char, inclusion in the list ,-N$ / of the *ualns in -/= o list would consti a reduction and impairment of the appointin! power vested in the Pres by the +onsti w/c auth connotes necessarily a reasonable meas of freedom, latitude/discretion in the exer of the power to choose the appointees o 6&N+&, the pertinent portion of -/>s unconstil 2. +e3t directory % -/>s merely directory in nature and constil o -uch recomms merely an advice, exhortation/indorsement, w/c is essentially persuasive, NO$ bindin! on the p to whom its made -. %ature of re3t immatl % ,ts unnec to in*uire into the constility of -//to det 2ON its manda/directory o apptment of resps sanctioned by -/<, RAA 5>E5 o its absolutely nec that the person reappnted under -/< be included in the list in -/> for, in case of conflict bet 5 provs of the same statute, the last in order of pos is fre*uently held to prevail ?N'&-it clearly appears that the intent of +on! is otherwise, and NO such intent is patent here Obiter" / whose claims predicated solely on a remote possibility that, in the event an ofc should be declared vacant, he may be the recipient of the apptment, has NO +OA v, the ofc holder 0+uyun!.en! v# +ru41

pers int in such apptment $6?-, its contrary to pub policy to permit an ofcer havin! appointin! power to use such to confer an ofc on himself o 0b1 a pub ofcer havin! a power of apptment +AN$ forestall the rts and preros of a successor by ma.in! a prospective apptment to fill an ofc where the appointees terms NO$ to be!in til the appointin! powers own terms expired o -i!uente v# -ec of 7ust" Nomination was made ec 5; ;/, before +OA be!an session on 7an 9 ;5 6eld that the new Pres could recall the nomination made by the out!oin! Pres 0whose term expired ec >/ ;/1 before such nomination had been confirmed by the +OA to ta.e effect after hes ceased to be Pres (2) :nder the 'onsti#RApptments by the Pres are sub) to the constil provs"

AR$,+'& H,, % &Q&+?$,H& &PAR$F&N$ Se t'on 15# $he spouse and relatives by consan!uinity or affinity within the fourth civil de!ree of the President shall not, durin! his tenure, be appointed as Fembers of the +onstitutional +ommissions, or the Office of the Ombudsman, or as -ecretaries, ?ndersecretaries, chairmen or heads of bureaus or offices, includin! !overnmentD owned or controlled corporations and their subsidiaries# Se t'on 1<# $wo months immediately before the next presidential elections and up to the end of his term, a President or Actin! President shall not ma.e appointments, except temporary appointments to executive positions when continued vacancies therein will pre)udice public service or endan!er public safety# Se t'on 16# xxx $he +on!ress may, by law, vest the appointment of other officers lower in ran. in the President alone, in the courts, or in the heads of departments, a!encies, commissions, or boards# AR$,+'& H,,, % 7? ,+,A' &PAR$F&N$ Se t'on <2 $he -upreme +ourt shall have the followin! powers" 869 Appoint all officials and employees of the 7udiciary in accordance with the +ivil -ervice 'aw# Se t'on ;2 $he Fembers of the -upreme +ourt and )ud!es of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the 7udicial and Bar +ouncil for every vacancy# -uch appointments need no confirmation# Bor the lower courts, the President shall issue the appointments within ninety days from the submission of the list# AR$,+'& ,Q % A# +OFFON PROH,-,ONSe t'on =2 $he +onstitutional +ommissions shall appoint their officials and employees in accordance with law# A;>B, S1849? A;>C, S 1849? A;>D, S1849 $he Fems of the +iv -erv +ommission, +omelec and +OA shall be appointed Gw/o reapptment xxx# Apptment to any vacancy shall be only for the unexpired term of

Po.er (a* "e a"#o)!te+ on$') /# 2here the powers absolute, the choice of the appointin! auth if it falls on an eli!ibile person, is conclusive 5# Powers condil where assent/approval by some other ofcer/bodys nec to complete the apptment 0Fechem1, o as in the case of the power to appoint of the Pres 2R$ certain pub ofcers w/c, under the +onsti, he shall exer w/ the consent of thr +OA 0A9, -/;1 2here the power of apptments absolute and the appointees been detd upon, NO further consent/approvals nec and the commission may , the formal evid of the apptment, at /ce o 2here, 6O2&H&R, the assent/confirmation of some other ofcer/bodys re*d, the commission can ,/the apptment may be complete only when such assent/confirmations obtained ,n either case, the apptment becomes complete when the last act re*d of the appointin! powers performed o :til the proc is completed, the appoitnee can claim NO vested rt in the ofc/invo.e secu of tenure 0+orpu4 v# +A1 $he tolerance, ac*uiescence/mista.e of the proper offs resultin! in nonD observance of the re*ts of law/Rs to complete the apptment O&-N$ render the re*ts ineffective and unenforceable 0Bavis v# Rupisan1 Re#tr' # on the po.er to appo'nt (1) 9enerally.D-ince pub ofc is pub trust, persons to be appointed to it -6O?' possess prescribed *ualns and be selected -O'&'( w/ a view to pub welfare o 0a1 Pub ofcer entrusted w/ power of appointment -6O?' exer it w/ disinterested s.ill and in and manner primarily for the bene of the pub, for its the policy of the law to secure the utmost freedom fr

16

the predecessor# temp/actin! cap#

,n no case shall nay Fem be appointed/desi!nated in a

AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 62 No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Covernment or any CovernmentD owned or controlled corporations or in any of their subsidiaries# Se t'on 72 No elective official shall be eli!ible for appointment or desi!nation in any capacity to any public office or position durin! his tenure# ?nless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Covernment or any subdivision, a!ency or instrumentality thereof, includin! CovernmentDowned or controlled corporations or their subsidiaries# AR$,+'& Q, % A++O?N$AB,',$( OB P?B',+ OBB,+&RSe t'on 62 $he officials and employees of the Office of the Ombudsman, other than the eputies, shall be appointed by the Ombudsman, accordin! to the +ivil -ervice 'aw# Se t'on ;2 $he Ombudsman and his eputies shall be appointed by the President from a list of at least six nominees prepared by the 7udicial and Bar +ouncil, and from a list of three nominees for every vacancy thereafter# -uch appointments shall re*uire no confirmation# All vacancies shall be filled within three months after they occur# (-) :nder e4isting la#s #R$he restrics on the power to appoint under existin! laws are found primarily in provs prescribin! the *ualns and dis*ualns for holdin! pub ofc o ?N'&-- constilally prohibited, +on! may add *ualns and dis*ualns to those provided in the +onsti B?$ its NO$ w/in its power to supersede/alter them o NO apptment can validly be made to an ofc w/c ,-N$ vacant A

B?$ the apptments sub) to the condi that if the +omm of +iv -erv should later on re)ect the apptment by reason of lac. of eli!bility, then the apptment shall lapse &-P,$& the attestation 0Hillanueva v# Ballalo1 o 0b1 6eld that the acts of the appointin! power 0head of dept/ofc1 and approval of the +ommission actin! to!ether thou!h NO$ concurrently, B?$ consecutively, are nec to ma.e an apptment complete for an appointee in the classified 0now competitive1 pos to be entitled to the protn of law v# un)ust removal, his apptment F?-$ rcv the approval of the +omm 0Bavis v# Rupisan1 +onfirmation/attestation of the apptment by the +-+ O&N-$ complete the apptment since such attestation, A'$6O?C6 an essential part of the appointin! proc, serves F&R&'( to assure the eli!ibility of the appointee 07avier v# Reyes1 (5) .f4 of completed apptment.D 6avin! /ce made the apptment, the appointin! ofcers power over the ofc is terminated in all cases where by law the ofcers NO$ removable by him o rt to ofc is then in the person appointed, and he has the absolute uncondil power of acceptin!/re)ectin! it 0Bautista v# -alon!a1 o NO new/further apptment could be made to a pos already filled by a previously complete apptment w/c had been accepted by the appointee thru a valid *ualn and assumption of its duties 0Bautista v# -alon!a1 eptan e of appt(ent Apptment to a pub ofc necessarily precedes acceptance by the appointee and is acc!ly distinct fr it (1) %/6 nec to completion$validity of apptment #RApptments the -O'& act of those vested w/ the power to ma.e it, 7?-$ A- acceptance of the ofc ,-N$ nec to complete the apptment o 2hen the person/s char!ed w/ the apptment do every act w/in their power to ma.e such apptment, their fxns 2R$ the apptment are at an end, an the apptments complete whether accepted/refused (2) %ec to possession of ofc.D 2hile acceptance of apptments NO$ nec to !ive it validity, the indiv chosen to an ofc +AN$ be deemed to be either fully possessed of its rts and privs/sub) to the perf of its duties and obli!ations til he has, in fact, accepted it o acceptance is, $6&R&BOR&, nec to enable the appointee to have full possession, en)oyment and resp of an ofc 0Fechem1 o an appointee +AN$ impose his own condis for the acceptance of a pub ofc o he may only either accept/decline it 0Fa!ana v# AuditorDCen1

When appt(ent $ee(e$ o(p)ete (1) %/6 subj to confirmation.D 2here the power of apptments absolute and the appointees been detd, NO further consent/approvals nec and the formal evid of apptment, i#e#, commission, may , at /ce (2) ubj to confirmation.D2here the assent/confirmation of some other ofcer/bodys re*d, the commission can , only when such assent/confirmations obtained o ,n either case" the apptment becomes complete when the last act re*d by law of the appointin! powers been performed 0Fechem1 (-) Apprvoal by the 'iv erv 'omm.D Apptment to positions in the +iv -erv must be submitted to the +ommissioner of +iv -erv for approval o 0a1 2here the appointees a *ualified serv eli!ible, the +omm of +iv -erv has NO choice but to attest to the apptment the attestation re*ds merely a chec. to assure compliance w/ the +iv -erv 'aw Apptments NO$ only complete B?$ valid upon perf of the last act re*d of the appointin! power 07avier v# Reyes1

For( of a eptan e Acceptance may be" (1) .4press or when done verbally/in writin! o best formal evid of acceptance is the *ualn of the ofcer appointed by ta.in! the oath of ofc

17

o in some instances, the law re*uires that a bond be postedK OR (2) 8mplied or when, w/o formal acceptance, the appointee enters upon the exer of the duties and fxns of an ofc o since acceptance must lo!ically ff the elec/apptment and NO$ precede it, its obvious that the mere see.in! for ofc/consent to be voted/appointed, thou!h it may imply a promise to accept if elected/appointed, O&-N$ of itself amt to an actual acceptance of ofc 0Fechem1

O")'g of e)e te$+appo'nte$ 'n$'- to a ept of (1) 9enerally %/6 subj to compusion#RCR" A person may NO$ be compelled to accept a pub ofc o 0a1 ?nder the +onsti, the Covt may call upon the ppl to defend the -tate and, in fulfillment thereof, all cits may be re*d, under condis provided by law, to render pers mil/civ serv 0A5, -=1 o 0b1 RP+ imposes the penalty of arresto mayor/a fine NO$ exceedin! /./both on any person who, havin! been elected by popular elec to a pub ofc, shall refuse w/o le! motive to be sworn in/dischar!e the duties of said ofc 0A>>=1 o 0c1 6eld that male inhabitants of a certain a!e may be re*d by the -tate, in the exer of its pol power, to assist in the protn of the peace and order of the community 0?- v# Pompeya1 (2) /blig in the nature of a soc duty.D Re!ardless of the A of 2ON a man can be compelled to accept a pub ofc/can be punished for NO$ acceptin! it, is clear that every person who enters into civ soc and avails himself of the benes and protns of the !ovt, must owe to soc/the pub, at least a soc duty to bear his share of the pub burdens, by acceptin! and performin!, under reasonable circs, the duties of those pub ofces to w/c he may be lawfully chosen 0Fechem1, esp where he sou!ht the ofc/!ave his consent to be appointed Ne e##'t* of .r'tten appt(ent (1) >ie# that apptmnt should be evidenced by a #riting.D An apptment to a pub ofc should be in writin!/there should be some written memorial of the fact of apptment si!ned and executed by the appointin! power, for an apptment to ofc affects the pub, and NO$ merely priv rts, and should be authenticated in a way that the pub may .now when and in what manner the dutys been performed Halencia v# Peralta" o ?nfortunate if title to the ofc of / upon whose off acts pub ints and priv rts hin!ed, did/could be made to depend on the verbal declarations and statements of the person havin! the power to ma.e the apptment, to be provided by parol and liable to be for!otten, misunderstood/misreported, sub) to all the contin!encies and infirmities w/c are incident to verbal evid by parol, so pre!nant of mischief and misfortune as to have led to the enactment of the statute of frauds# o ,t 2ON$ be presumed that the 'e!is, while ma.in! void contracts involvin! trife pecuniary ints, unless evidenced by some writin!, intended that impt civ ofces should be conferred w/o a commission/any writin!K B?$ simply by a verbal statement of an indiv in any form w/c by the bystanders should be understood to be

as expressin! a pres intent to ma.e the apptmentK and a liberal interp will be !iven tot the statutes bearin! on the sub) if nec to avoid any such conc (2) 'ontrary vie#.DOther view holds that the rt of the appointee to be inducted into ofc depends on the act of apptmnt, and NO$ on his abil to est that fact by the prodn of a written apptment where the law O&-N$ prescribe the manner in w/c the appointin! power shall ma.e the apptment, NOR dir that any written evid of his axn shall be furnished to the person appointed 0Fechem1 o (.alina v# Oricio" 2here the Pres is authori4ed to ma.e an apptment and nothin!s said as to the manner in w/c he shall ma.e it, it may be contained in written memo/merely oral#

,''?-$RA$,H& +A-&" "et claims title to pub ofc fr his oath and confirmation as v. a subse3uent ad interim appointee to the same ofc. Bacts" Oct = /@;/" H was desi!nated GActin! +hairmanM of the Board of irs of the Natl 2aterworr.s and -ewera!e Auth by the then Pres of the Phils o Alle!edly upon info that the then Pres has extended him an ad interim apptment, H on Oct 5;, ;/, t. an oath of ofc to the pos of G+hairman ad interim, Board of irs, NA2A-AM o +OA confirmed his appntment on Apr 59 ;5 as +hairman of the Board 7une 5 ;5" P was appointed ad interim to the same pos by the new Pres o H instituted the pres pet o 6e challen!es the le!ality of Ps apptment on the !round that the pos ,-N$ vacant since he 6A-N$ resi!ned/has been removed for cause ,ssue" id the oath and confirmation by pet H imply a prior ad interim apptmentJ 6eld" NO merit in pets case (1) "et(s apptment temp in char.D$he only reliable evid on recs his desi!nation as Actin! +hairman of the NA2A-A Board of irs o this desi!, bein! of revocable and temp char, +O?' N$ ripen into a perma apptment, &H&N ,B it was subse*uently confirmed by the +OA, :cause confirmation presupposes a valid nomination/recess apptment, of w/c theres NON& o N&,$6&R does the fact that pet subscribed an oath of ofc as ad interim appointee to the pos help his case, since th oath clearly O&-N$ correspond to the temp desi!nation as actin! chairman that was accorded him (2) Absence of proof that his apptment(s ad interim.D ,t was incumbent upon pet to clearly prove what .ind of apptment was made o the better R re*uires some .ind of written memorial that could render title to pub ofc indubitable o this R applies w/ !reater force to an apptment bein! merely drawn by interference/con)ecture o H havin! failed to est title to the ofc he claims, the pet for a writ of *uo warrantos denied 0Henecia v# Peralta /@;>1 Re-o at'on "* appt(ent

18

(1) Chere apptment fin and complete.D CR" An apptment to an ofc, /ce made and complete, ,-N$ sub) to recon/revocation o revocation of an apptments made, if its to be successful, before the apptments complete an apptment to ofc is fin and complete when the last act of the appointin! auths been accomplished at this sta!e of completion, the apptment +AN$ be recconsidered and revo.ed the appointee becomes entitled to the ofc o &" 2here an ofcers removable at will of the appointin! power $he desired results can be accomplished by removal of the ofcer Removal fr ofc ta.es plece after title to the ofc has become vested in the appointee (2) Chere appointee has assumed pos.D $he moment the appointee assumes a pos in the civ serv under a completed apptment approved by the +omm of +iv -erv, o he ac*uires a le!, NO$ merely e*uitable rt, w/c is protected NO$ ON'( by statute, B?$ A'-O by the +onsti, and it +AN$ be ta.en away fr him, either by revocation/by removal & for cause, o and w/ previous notice and hearin!, consistent w/ the +onsti and the constil re*ts of P there should be some pt of time when an apptment made and approved -6O?' N$ be disturbed by reason of some violn of some ofc Rs 0A*uino v# +-+;mos1 that has been due to mere inadvertence o ?N'&--- the apptments an absolute nullity/in the absence of fraud on the part of the appointee, the irre!ularity must be deemed cured by the probational and absolute apptment of the appointee and should be considered conclusive 0Cen Fan, PPA v# Fonserate1 (-) Chere protestant more 3ualified that appointee.D An apptment to ofc thats become complete and irrevocable will consti so as v# any attempt by the appointin! powers successor in ofc to reconsider and revo.e the apptment o the appointin! power +AN$ effect the removal of the appointee by rescindin!/revo.in! his apptment after its completion on the !round merely that the protestants more *ualified than the / st appointee B?$ sub) to the condi that the / st appointee should possess the min *ualns re*d by law 0A*uino v# +-+1

those whom he may be authori4ed by law to appoint# $he +on!ress may, by law, vest the appointment of other officers lower in ran. in the President alone, in the courts, or in the heads of departments, a!encies, commissions, or boards# $he President shall have the power to ma.e appointments durin! the recess of the +on!ress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the +ommission on Appointments or until the next ad)ournment of the +on!ress# ?nder the prov, there are = !rps of offs whom the Pres is authori4ed to appoint 0-armiento v# Fison1" o /# 6eads of exec depts# 0NO$ cab mems1, ambassadors, other pub ministers and consuls, ofcers of the armed forces fr the ran. of colonel/naval capt and other ofcers whose apptments are vested in him in the +onsti other ofcers" Re! mems of the 7ud and Bar +ouncil 0H,,,#E#51 +hairman and +omms of the +-+ 0,QDB#/#51 +hairman and +omms of +omelec 0,QDB#/#51 +hairman and +omms of +OA 0,QD+#/#51 Fems of re!ional consultative comm# 0Q#/E1 o 5# All other ofcers whose apptments AR&N$ otherwise provided by law refer to ofcers to be appointed to lower ofces created by +on! where the latter omits to provide for apptment to said ofc OR provides in an unconstil way for such apptments o ># $hose whom the Pres may be authori4ed by law to appoint such as the heads of CO++s, undersecs, heads of bureaus and ofces and other offsK and o =# Other ofcers lower in ran. whose apptments the +on! by law vests in the Pres alone

B2 Appt(ent# "* the Pre# Po.er of appt(ent of the Pre# power of Pres to appoint ofcers in !ovts conferred upon him by prov of the +onsti" AR$,+'& H,, % &Q&+?$,H& &PAR$F&N$ Se t'on 16# $he President shall nominate and, with the consent of the +ommission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the ran. of colonel or naval captain, and other officers whose appointments are vested in him in this +onstitution# 6e shall also appoint all other officers of the Covernment whose appointments are not otherwise provided for by law, and

Conf'r(at'on of appo'nt(ent# "* COA /# Only ofcers in the /st !rpp are appointed w/ the consent/confirmation of the +OA 0-armiento v# Fison1 o +on! +AN$, by law, re*uire confirmation of apptments of other ofcers o 6eads of bureaus and certain ofces under the diff depts# w/c AR&N$ called bureaus li.e -&+, ,ns +omm, etc are NO lon!er included amon! those whose apptments are to be confirmed by the +OA o $heyre civ serv ofcers whose apptments are supposed to be made only accd! to merit and fitness 0Q,,DB#5#51 5# $he Pres, under the +onsti, appoints the mems of the -+, )ud!es of '+s, inc the -andi!anbayan and the $anodbayan and his eputies fr a list prepared by the 7ud and Bar +ouncil o such apptments need NO confirmation 0Q,,,#@K Q,#=1 o same 2R$ when the HPs appointed as a mems of the +abinet 0H,,#>1 ># $he +onsti O&-N$ state the appointin! auth 2R$ the +hairman and

19

Fems of the +6R 0Q,,,#/91 o theres doubt $6O?C6 that the power to appoint thems lod!ed in the Pres under -/; o Admin +o eof E9" $hey shall be appointed by the Pres 0B.<, +h/>, $itle5, -ubtitle A, -=1 o $heir apptments are also NO$ sub) to confirmation by the +OA :cause theyre amon! the ofcers of !ovt whom the Pres may be authori4ed by law to appoint pursuant to the 5nd sent of H,,#/; Appt(ent# "* other off# ?nder H,,#/;, +on! may, by law, vest in cts, heads of depts#, a!encies, comms/boards the power to appoint ofcers lower in ran. 0+hiefs of divs/secs1 in their respective ofces 0H,,#/;1 o Glower in ran.M refers to ofcers subordinate to those enumerated ofcers in whom respectively the power of apptment may be vestedR heads of exec depts#, a!encies, comms and boards o apptments of minor ees may also be vested in them o -+ appoints all offs and ees of the )ud 0H,,#<#;1 Phrase O&N-$ include heads of bureaus of and ofces NO$ specifically mentioned in the +onsti as amon! those to be appointed by the Pres who are subordinates of +abinet mems o By law, their apptments are vested in the Pres @'n$# of Pre#) appt(ent# ?nder the +onsti, apptments may be classified as" 1. +egular % those made while +on! is in session o actually mere nominations sub) to confirmation by the +OA 2. Ad interim % made while +on! ,-N$ in session/durin! its recess -. "erma % those w/c last :til theyre lawfully terminatedK and 5. 6emp$acting % those w/c last :til a perma apptments ,ed apptments w/c are re*d to be submitted to the +OA are re!/ad interim o both are perma in nature o H,,#/;, par / refers to the re! appointin! power of the Pres o Apptments that are for the Pres -O'&'( to ma.e w/o the parti of the +OA +AN$ be ad interim apptments $he Press voluntary act of submittin! such apptments to the +omm and the latters act of confirmin!/re)ectin! the same would be w/o/in excess of 7 0Bautista v# -alon!a1 H,,#/< !ives the Pres the power to ma.e temp apptments" AR$,+'& H,, % &Q&+?$,H& &PAR$F&N$ Se t'on 1<# $wo months immediately before the next presidential elections and up to the end of his term, a President or Actin! President shall not ma.e appointments, except temporary appointments to executive positions when continued vacancies therein will pre)udice public service or endan!er public safety# A$ 'nter'( appt(ent# H,,#/;#par 5 refers to ad interim apptments/apptments made by the Pres durin! the recess of +on!, whether such is voluntary/compulsory o +ompulsory recess D ta.es place when +on! ad)ourns o Holuntary % that w/c ta.es place before the ad)ournment of +on!,

li.e a Qmas recess /# ?nder the +onsti, the +OA w/c approves ma)or apptments of the Pres meets only while +on! is in session 0H,#/@1 o the recess apptment power .eeps in continuous opn the bus of !ovt when +on! ,-N$ in session o B?$ the apptments shall cease to be effective upon re)ection by the +OA OR if not acted upon, at the ad)ournment of the next session, re!/sp, of +on! o ,n the 5nd sit" the apptment remains effective :til the end of the session ff such apptments OR til the nxt ad)ourment, NO$ :til the nxt voluntary recess $his is to !ive the +OA time to deliberate upon the apptment before confirmin!/re)ectin! it 5# Normally, when Pres ma.es apptments w/ the consent of the +OA, he has the bene of their advice o when he ma.es ad interim apptments, he exers a sp prero and is bound to be prudent, to insure approval of his seln either by previous consultation w/ mems of the +OA OR by thereafter explainin! to them the reason for such seln 0Aytona v# +astillo1 o Reason" an ad interim apptment contradicts the th of chec.s and balancespermits the exec A'ON& to ma.e an apptments perma and effective in char 2O the previous scrutiny and concurrence of the le!is power, actin! thru the +omm o !rant of the powers )ustifiable ON'( on the th of an existin! clear and pres ur!ency caused by an impendin! obstruction/paraly4ation of the fxns assi!ned to the ofc to be filled if no immediate apptments made o -ole purpose" render it certain that at all times there should be, 2ON +on! is in session, an ofcer for every ofc, entitled to discha!e the duties thereof 0Rodriue4 v# Auirino1

,''?-$RA$,H& +A-&" Ad interim apptment CA %(6 released to and accepted by appointee before confirmation by the '/A Bacts" 7uly 5; <E" Pres appointed R ad interim +hairman of the Board of &xaminers for +hemists, for a term expirin! 7uly /< ;/ o 7uly /; ;/" 6e was reappointed as Actin! +hairman o Nov ; ;/" Pres si!ned Rs ad interim apptment B?$ it 2A-N$ released to R o Resp ( admits that a copy was trasnsmitted to the +OA on ec 5; ;/, on the basis of w/c the +omm t. co!ni4ance of the apptment and confirmed it on Fay /9 ;5 7uly >/ ;5" +omm on +iv serv informed R that his last ad interim apptment had been recalled and declared w/o effect by virtue of AO 5 dated ec >/ ;/ and on Nov < ;5, the new Pres appointed ( as Actin! +hairman of the Board of Fed &xaminers, who thereafter assume the fxns of the ofc o Apptment was contested by R ,ssue"

20

,s the apptment of R valid, le! and subsistin! and, therefore, renders that of ( null and voidJ 6eld" NO 1. Ad interim apptment %/6 released.Dpet O&-N$ alle!e that the ori! of the last ad interim apptment was transmitted to and was rcved by R :cause the ori! was never released by the Ofc of the Pres o N&,$6&R does it alle!e that upon receipt thereof, R accepted the apptment and duly *ualified for the pos o 6e merely alle!es that he performed the duties and obli!ations of +hairman of the Board, that the &xec -ec notified him by tel that his last ad interim apptment had already been si!ned by him 2. Ad interim apptment incomplete.D $hese alle!iaonts AR&N$ suff to ta.e the place of clear poof that the ad interim apptment was NO$ ON'( duly si!ned B?$ was released to R, and that by virtue thereof, hed accepted it and duly *ualified for the pos o his ad interim apptment bein! incomplete, there was in fact and in law NO ad interim apptment tha could be validly tarnasmitted to and acted upon the +OA o R failed to alle!e and prove that hes rtfully entitled to the ofc 0Rosales v# (en.o1 Te(p+a t'ng appt(ent# /# Cenerally, power to appoint vested in +hief &xec ,N+'? &- power to ma.e temp/actin! paptments o ?&&'-- hes otherwise speciiclaly prohibited by the +onsti 0+-+, +omelec/+OA 0,QDA, B, +#/1 o Or law o Or a temp apptments repu!nant to the nature of the ofc to be filled Based on th that the whole includes and is !reater than the part 0+abilin! v# Pabualan1 5# An actin! apptment, bein! essentially temp/provl in char, +AN$ be validly confirmed by the +OA :cause confirmation presupposes a valid nomination/ad interim apptment 0Halencia v# Peralta1 o an ofcer who was appointed to an ofc in an actin! cap has NO personality to brin! a *uo warranto axn v# the perma appointee to the pos 0-evilla v# +A1 since the fomer 0RO+, ;;#;1 ,-N$ entitled to the ofc ># A temp apptments, in essence, an actin! apptment o wellDsettled that / who holds a temp/actin! paptmnet has NO fixed tenure of ofc and $6&R&BOR&, his employment can be terminated a the pleasure of the appointin! power &H&N w/o hearin!/cause 0+uardra v# +ordova1 o B?$ such an apptmnet +AN$ be used by the appointin! auth as a device/)ustification in order to evade/avoid the secu of tenure prin in the +onstis and the +iv -erv 'aw 0Cayatao v# +-+1 An ad interim apptments N&H&R$6&'&-- perma in nature and NO$ a mere temp/actin! apptment 0-ummers v# O4aeta1 NO$2-$AN ,NC that its sub) to confirmation by the +OA o B?$ it may be recalled/revo.ed by the Pres before confirmation =# An un*ualified person +AN$ be appointed even in an actin! cap

De#'gnat'on# eis!nation % the mere imposition of new/addl duties upon an ofcer to be performed by him in a sp manner while he perfs the fxn of his perma ofc o -ome cases" a pub ofcer may be desi!nated to a pos in an actin! cap as when an undersecs desi!nated to dischar!e the fxns of a -ec pendin! the apptment of a perma sec 0$riste v# 'eyte -tate +oll Board of $ruestees1 o Presupposes that the ofcers already in the serv by virtue of an earlier apptment, performin! other fxns o ,ts revocable and temp in char for it O&-N$ confer upon the deis!nee secu of tenure in all the pos/ofc w/c he occupies in an Gactin!M cap only $here bein! NO apptment ,ed, desi!nation doesnt entitle the ofcer desi!nated to rcv the salary of the pos o ,t +AN$ also be validly acted upon by the +OA 0 imaandal v# +OA1 ?nder +A <EE, the Press authori4ed to fill temporarily the pos of an ofcer, in the &xec ept of the Covt by desi!natin! another ofcer already in the serv/any other competent person B?$ such temp desi!nation shall in NO case conti beyond the date of the ad)ournment of the re! session of the Natl Assumbly/+on! ff such desi!nation o 6eld $6O?C6 that such temp auth to ma.e desi!nations under +A <EE +AN$ be invo.ed by the Pres in desi!natin! the -olCen to act temporarily as a Fem of the +omelec on the !round that the independence and impartiality of the +omm may $6&R&B( be sha.en and destroyed 0Nacionalista Party v# Bautista1 Step# 'n the appo'nt'ng pro $he Press power of apptment of ofcers sub) to the confirmation of the +OA involves > steps" 1) %omination.D,ts the exclusive prero of the Pres upon w/c NO limitation may be imposed by +on!, o & those resultin! fr the need of securin! the concurrence of the +OA o and fr the exer of the limited le!is power to prescribe the *ualns of a !iven appointive ofc 0Falnalan! v# Auitoriano1 he may listen to and accept the rcommendation/advice of others/yield to their re*uest/pressure but '&CA''(, he A'ON&s resp for his nominations ,''?-$RA$,H& +A-&" 6he statute provides that the chairman and mems of the board (. the rep of the priv secotr) need only be designated by the respective dept heads to sit e4 officio C/ the necessity of ne# apptments Bacts" RA >/>9 creates the embroidery and Apparel +ont and ,nspection Board 0&A+,B1 -5" &A+,B shall be composed of" o /# A rep fr the Bureau of +ustoms to act as chairman, to be desi!nated by the -ec of Bin o 5# A rep fr the +B to be desi!nated by its Cov o ># A rep fr the ept of +ommerce and ,nd to be desi!nated by the -ec of +omm and ,nd o =# A rep fr the Natl &on +ouncil to be desi!nated by its +hairman and

21

<# A rep fr the priv sector cm! fr the Assoc of the &mbroidery and Apparel &xporters of the Phils ,n compliacnce w/ these, the &A+,B was subse*uently constituted $he validity of the laws bein! attac.ed on the !round that while +on! may create an ofc, it +AN$ specify who shall be appointd by the Pres o $hat the mems of the Board can ON'( be appointed by the Pres in accordance w/ H,,#/8#> of the >< consti o $hat since the acts prescribes thta the +hairman and mems of the Board should come fr specified ofces, its e*uiv to a dec of +on! as to who should be appointed, $6&R&B( infrin!in! the constil power of the Pres to ma.e apptments ,ssue" oes -5 deprive the Pres of his power to ma.e apptmentsJ 6eld" $he ar!s ?N$&NAB'&# 1. /ffs sit e40officio.DAn exam of the Aed statute reveals that, for the chairman and mems to *ualify, they need only be desi!nated by the rep dept heads o & the rep fr the priv sector, they sit exDofficio o $o be desi!nated, they must already be holdin! positions in the ofces mentioned in the law o NO new apptments are nec o $his is as it should be :cause the reps so desi!nated merely perf duties in the Board in addn to those they already perf under their ori! apptments 2. /ff considered as merely on detail.D +on! may inc the powers and duties of an exisin! ofc w/o thereby renderin! it nec that the incumbent should a!ain be nominated and appointed o for purposes of their tenure on he board, they can be considered as mereley on detail, sub) to recall by their rsepctive chiefs the arran!ment in -5s NO$ incompatible w/ or violative of the doctirne established in the Fanalan! case 0Rafael v# &A+,B1 2) 'onfirmation#Rwhile the power to appoints essentially an exec fxn, the power to confirm/re)ect certain apptments beon!s to +on!, havin! been conferred as a chec. on the exec o this power to chec.s exerd thru the mems of both 6ouses in the +OA o a1 $heres NO apptment yet in the strict sense :til its confirmed $6?-, the apptments a )oint act of the Pres and +OA 0Bautista v# -alon!a1 o B1 $he evident constil intents to stri.e a careful and delicate bal in the matter of apptments for the Pres and +on! 0thru the +omm1 $o the extent that the +onstis bloc.ed off certain apptments of the Pres to ma.e w/ the parti of the +OA, so also has the +onsti mandated tha the Pres can confer NO power of parti in the +omm over other apptments normally reserved for him by the +onsti NOR can the +omm by the actual exer of its constilally delimited power to rvw presl apptments, create power to confirm apptments that the +onstis reserved to the Pres alone 0ibid1 o

c1 a confirmation of an apptment to a pub ofc is to be distin!uished fr the apptment itself, for in confirmin! the apptmet, the +OA doesnt choose the appointee the act of confirmin! an apptment of ofc ,-N$ the exer of an exec fxn, and since its NO$ le!is in char, it need NO$ be performed at a re! session of +on! o d1 a confirmation +AN$ be reconsidered after the Press been notified of the confirmation and has completed the apptment by ,in! a commission to the appointee, who thereupon assumed the ofc, &H&N thou!h the Rs of the confirmin! body provide for reconsideration -) 8ssuance of commission.DGcommissionM D a written auth fr a competent source !iven to the ofcer as his warrant for the exer of the powers and duties of the ofc to w/c hes commissioned o its the written evid of the appment B?$ NO$ the apptment itself, A'$6O?C6 sometimes, they may seem inseperable :cause of the difficulty of showin! the apptment other than by showin! the existecce of the commission w/c becomes conclusive evid of the apptment as soon as its si!ned by the Pres o a1 $heres NO prov in the +onsti w/c expressly imposes upon the Pres the duty of ,in! a commission to every ofcer appointed under his authK B?$ a commissions necessarily part and parcel of apptment and serves as evid of the consummation of the exer of the appointin! power 0-inco1 o b1 distinction bet elected and appointed ofcers when a persons elected to an ofc, his rts established by the result of the elec and O&-N$ depend on his !ettin! a commission the ,ance of a commission to an elected ofcers F&R&'( a ministerial act and NO$, as where an ofc is ac*uired by apptment, a part of the apptment act L in case of elec to ofc, the successful candidates !enerally entitled to a cert of elec o

C2 Appt(ent# 'n the C'- SerThe C'- Ser- #*# (1) cope.D AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 42 819 $he civil service embraces all branches, subdivisions, instrumentalities, and a!encies of the Covernment, includin! !overnmentDowned or controlled corporations with ori!inal charters# ,ntention of the +onstis to extend the re*ts and benes of the +iv -erv -ys over the admin personnel of the entire !ovtRnatl and locRinc the mil estab 0 e 'eon1 (2) "urpose.Dthe +iv -erv sys rests on the prin of appli of the merit sys ,N-$&A of the spoils sys in the matter of apptmnet and tenure of ofc o civ serv laws AR&N$ penaly in nature, B?$ are desi!ned to eradicate the sys of ma.in! apptments primarily fr potl considerations w/ its attendant evils, to eliminate as far as practicable the elem of partisanship

22

and pers favoritism in ma.in! apptents, to est a merit sys of fitness and efficiency as the basis of apptments and to prevent discrimination in apptments to pub serv based on any consid O$6&R $6AN fitness to perf its duties 6O2&H&R, the +iv -erv 2A-N$ established for the sole bene of pub ees o $he primary purpose is to enable the natl and loc !ovt and all its instrumentalities and a!encies to render more efficient servs to the pub by enablin! them to obtain efficient pub servants

C)a##n of po#'t'on# 'n the C'- Ser P E89 reclassifies thecat of positions in the +iv -erv 0fr competitive serv, nonDcompetitive/unclassified serv, to exempt serv1 into career serv and nonD career serv o $he ec and the Admin +ode of E9 characteri4e them as" (1) 'areer erv characteri4ed by" o a# entrance based on merit and fitness to be detd as far as practicable by competitive exams/based on hi!hly technical *ualns o b# secu of tenure and o c# opp for advancement to hi!her career positions# ,ncludes" /# Open career positions for apptments to w/c prior *ualn in an appropriate exams re*d 5# +losed career positions w/c are scientific/hi!hly technical in natureK include the faculty and academnic staff of state colle!es and univs, and scientific and technical positions in scientific/res insstis w/c shall est and maintain their own merit sys ># Positions in the +areer &xec -erv, namely, ?ndersec, Asst -ec, Bureau ir, Asst Bureau ir, +hief of ept -erv and other ofcers of e*uiv ran. as may be idd by the +areer &xec -erv Board, all of whom are appointed by the Pres =# +areer ofcers O$6&R than those in the +areer &xec -erv who are appointed by the Pres such as the Borei!n -erv Ofcers in the BA <# +ommissioned ofcers and enlisted men of the Armed Borces w/c shall maintain a sep merit sys ;# Personnel of CO++s whether performin! !ovtal/proprietary fxns who ON$ fall under the nonDcareer servs and 9# Perma laborers, whether s.illed, semiDs.illed/uns.illed# (2) %on0'areer erv characteri4ed by" o a# entrance on bases other than those of the usual test of merit and fitness ultili4ed for the career serv and o b# tenure w/c is limited to a pd specified by law or w/c is coterminous w/ that of the appointin! auth or sub) to his pleasure, or w/c is limited to the duration of a parti pro) for w/c purpose employment was made# o ,ncludes" /# &lective offs an their pers/confid staffs

5# ept heads and other offs of cab ran. who hold positions at the pleas of the Pres and their pers/confid staffs ># +hairmen and mems of commissions and boards w/fixed terms of ofc and their pers/confid staffs =# +ontractual personnel D those whose employment in the !ovts in accordance w/ a sp contract to underta.e a spec wor./)ob re*uirin! sp/technical s.ills NO$ available in the employin! a!ency, to be accomplished w/in a spec pd, w/c in NO case shall exceed /yr and perfs/accomplishes w/ a min of dir and super fr the hirin! a!ency <# &mer!ency and seasonal personnel 0P E89, &O 5@5, B. <, $itle /, -9 and @1 theres another type of nonDcareer eeR+asual % when employments NO$ perma B?$ occasional, upredictable, sporadic and brief in nature 0+hua v# +-+ @51

C)a##e# of po#'t'on# 'n the areer #er 1) - major levs.D+lasses 0all positions in the !ovt serv that are sufificenitely similar as to duties and resps and re*uire similar *ualns that can be !iven the same title and salary and for all admin and comp purposes, be treated ali.e % P E89, -50c11 o of positions in the career serv apptment to w/c re*uires exams are !rped into > ma) levs o a1 /st % includes clerical, trades, crafts and custodial serv positions w/c involve nonDprofl/subprofl wor. in a nonD supervisory/supervisory cap re*uirin! O=yrs of colle!iate stuidies o b1 5nd % includes profl, technical and scientific positions w/c involves profl, technical/scientific wor. in a nonDsupervisory/supervisory cap re*uirin! at least =yrs of coll wor. up to iv +hief lev o c1 >rd % covers positions in the +areer &xec -erv to *ualify an apptment as pema, the appointee must possess the ran. appropriate for the pos o failure will render the apptment temp o -ecu of tenure in the +areer &xec -erv is ac*uired 2R$ ran. and NO$ pos o Curanty to mems O&-N$ extend to the parti positions to w/c they may be appointedRa concept applicable only to / st and 5nd lev eesR B?$ to the ran. to w/c theyre appointed by the Pres 0+uevas v# Bacal 881 Offs occupyin! positions in the >rd lev of the civ serv 0undersec, asst sec, bureau dir, asst bureau dir, chief of dept serv and other ofcers of e*uiv ran. as may be idd by the +areer &xec -erv Board, all of whom are appointed by the Pres1 have NO secu of tenure and may be removed anytime ?N'&-theyve secured an eli!ibility fr the +&B- and have been ,ed the career serv ofcer ran. by the Pres upon recomm of +&-B 2) +e3t of coopetitive e4ams.D & as otherwise provided, entrance to the / st 5 levs are thru competitive exams, w/c shall be open to those inside and outside the serv who meet the min *ualn re*ts

23

entrance to a hi!her lev doesnt re*uire previous *ualns in the lower lev o entrance to the >rd levs prescribed by the +areer &xec -erv Board w/in the same level, NO civ serv exams re*d for promo to a hi!her pos in //more related occupational !rps o B?$ a candidate for promo shouldve previously passed the exam for the lev 0P E89, -9K &O 5@5, B. <, $itle /, -E1 o

Con#t') )a##n Based on apptment, the +onsti classifies positions in the +iv -erv into 5 prin !rps" 1) 'ompetitive.Dthose whose apptments are made accd! to merit and fitness to be detd as far as practicable by competitive exams and 2) %on0competitive.Dthose whose apptmnets ON$ have to ta.e into acct merit and fitness as detd by competitive exams o positions described by the +onsti as policyDdetin!, primarily confid/hi!hly technical in nature 0A@DB, -50511 Detn of (er't an$ f'tne## "* o(pet't'-e e,a(# CR" $he seln of any appointee to any !ovt pos shall be made ON'( acc! to merit and fitness to be detd as far as practicable by competitive exam to perf the duties and assume the resps of the pos 0A@DB, -50511 w/o re to any other consid such as sex, color, soc status, rel/potl affiliation Re*t substis for the uncontrolled will of the appointin! power the results of the competitive exams o ,nsures that appments to ofc is made fr amon! those who, by exam, have shown themselves to be best *ualified /1 An exam, to be competitive w/in the mn! of the constil prov, F?-$ be !iven under an ob)ective stand of !radin! o must conform to measures/stands w/c are sufficiently ob)ective to be capable of bein! challene!ed and rvwed when nec, by other examiners of 3 abil and exp 51 that an exams denominated competitive O&-N$ ma.e it competitive o the exam must be competitive in substance, NO$ merely in form o But the fact that stands for detin! 2ON a candidiates met certain tests +AN$ be defined/measured w/ entire obe)ctivity doesnt render the test at variance w/ the stat/constil re*ts >1 an oral exam may be competitive where tests of manual/profl s.ill are nec PROH, & the exam As are such as to best det the practical and technical *ualns of the applicants to perf the duties of the pos to be filled o the mere fact that the measurable stands for detin! the !en proficiency of a candidate for a parti pos are sub)ective RA$6&R than ob)ective O&-N$ prevent an oral int fr bein! a competitive exam where it tests A'' candidates for the same personality factors, ea candidate pittin! his personality traits v# those of every other candidate E,e(pt'on fr R of non> o(pet't'-e po#'t'on# +onsti" policyDdetin!, primarily confid and hi!hly technical positions are exempt fr the R re*uirin! apptments in the +iv -erv to be made on the basis of merit and fitness to be detd as far as practicable by competitive exams

B?$ the +onsti O&-N$ exempt such positions fr the opn of the prin laid down in A@DB, -50>1 that NO ofcer/ee in the +iv serv shall be removed/suspended & for cause provided by law NOR fr the re*t that opps thereto shall be made accd! to merit and fitness /1 A pos is policy0deting where its occupants vested w/ the power of formulatin! polciies for the !ovt/any of its a!encies, subdivs/instrumentalities, li.e a mem of +ab 51 A Postioins primarily confid where its occupant en)oys S the ordin confidence in his aptitude of the appointin! power B?$ bears primarily such close intimacy w/c insures freedom of intercourse w/o embarrassment/freedom fr mis!ivin! of betrayal of pers trust on confid matters of state 0 e 'os -antos v# Fallari <81, li.e a priv sec/confid a!ent o a# the other instance when a pos may be considered primarily confids when the Pres, upon recomm of the +iv -erv +ommissioner, has declared it to be 0-ala4ar v# Fathay 9;1 B?$ the Pres +AN$ nullify the constil prov by placin! a pos in an exempt class when the duties thereof AR&N$ policyD detin!, primarily confid/hi!hly technical in nature, OR where its practicable to det by competitive exam merit and fitness therefore $he duties must have some rel to the exemption and the classn must be reasonable 0Arue!o1 o ?pon the enactment of the +iv -erv Act of /@<@, now the +iv -erv ec, its the nature of the pos w/c finally dets 2ON a pos is primarily confid $6?-, the positions of sr secu !uard and secu !uard were held as primarily confid :cause of the duties and fxns attached to said positions 0Borres v# +A E91 o b# the assumption that an ofcer holdin! a pos w/c is primarily confid in natures sub) to removal at the pleas of the appointin! powers inaccurate 0,n!les v# Futuc ;91 &ven offs and ees of the +iv -erv occupyin! primarily confid positions are sub) to the constil safe!uard v# removal/suspension & for cause B?$ such offs and ees conti ON'( for so lon! as confid in them endures o $he termination of their off reln can be )ustified on the !round of loss of confid :cause in that case, their cessation fr ofc involves NO removal B?$ merely the expiration of the term of ofc 06ernande4 v# Hille!as ;<1 A pub off appointed for a fixed term whose courtesy resi! was accepted by the Pres should be placed in the same cat as an off holdin! a primarily confid pos whose tenure ends upon his superiors loss of confid in him 0Orti4 v# +omelec EE1 >1 A positions highly technical where its occupants re*d to possess s.ills/trainin! in the supreme/superior de! 0 elos -antos v# Fallar1 li.e a scientist o a# the pos of le! counsel of CO++s hi!hly technical in nature and at the same time, primarily confid 0PNB v# Besa 981 the occupant +AN$ insist on a fixed/def term if the latter aspect predominates o

24

B?$ the pos of a +ity &n!r may be technical B?$ not hi!hly so :cause hes NO$ re*d/supposed to possess a supreme/superior de! of technical s.ill $he duties of a city en!r are eminently admin in char w/c could be dischar!ed even by nonDtechnical men 0 elos -antos v# Fallari1 b# 2hat dets ultimately 2ON a admin positions primarily confid, policyDdetin!/hi!hly technicals the nature of the fxns attached to the pos &xec pronouncements can be NO more than initial detn that AR&N$ conclusive in case of conflict ,t must be so OR it would then lie w/in the discretion of the +hief &xec to deny to any ofcer, by exec fiat, the protn of the +onsti 0Pinero v# 6echanova ;;1 NO$ even the fact that the pos had already been classified as / under the career serv and certified as perma by the +-+ can conceal/alter its bein! primarily confid in nature 0Crino v# +-+ /@@/1 2ON the classn of a pos is rly in accordance w/ th +onstis ultimately a )ud A

5) /ffseeting of deficiencies.D&ven if an appointee possesses the re*d civ serv eli!ibility, thered be an abuse of discretion by the appointin! auth if the other *ualns AR&N$ satisfied o B?$ when nec, educ, exp/trainin! may be used interchan!eably to offset deficiencies & the re*d eli!ibility 0+-+ Femo +irc 5>, s of /@@/1 o $6?-, the necessity exists if the appointees trainin!/exp is of such a lev that the same would S supplement the def in educ considerin! the demands of the pos o $he converse holds true if the appointees deificencys in the re*d trainin!/exp $he decision as to when the condis !ive rise to necessity to interchan! educ w/ exp/tranin! and vice versa rests upon the sound discretion of the appointin! auth whos in the best pos to det the needs of his ofc and how to satisfy those needs o B?$ no unbridled license is !iven to the appointin! auth to support whoever he desires 0$onio v# +-+ @51

1!a)n #tan$# 'n the C'- Ser A *ualn stand expresses the min re*ts for a class of positions in terms of educ, trainin! and exp, civ serv eli!ibility phys fitness and other *uals re*d for successful perf o +iv -erv ec" the de! of *ualns of an ofcer/ee shall be detd by the appointin! auth on the basis of the *ualn stands for the parti pos 1) :se of 3ualn stands.D o a# as basis for civ serv exams for positions in the career serv o b# as !uides in the apptment and other personnel axns in the ad)udication of protested apptments o c# in detin! trainin! needs and o d# as aid in eeh inspection and audit of the a!encies personnel wor. pro!s 0P E89, -581 2) .stab, admin and maintenance of 3ualn stands.D theyre the resp of the dept/a!ency, w/ the assistance and approval of the +-+ and in consultation w/ the 2a!e and Pos +lassn Ofc o *ualn stands shall be administered in such manner as to continually provide incentives to ofcers and ees towards profl !rowth and foster the career sys in the !ovt serv 0&O 5@5, B. <, $itle /, -ubtitle A, +h <, -551 -) Approval of 3ualn stands.Dapproval by the +-+s re*d by law :cause its the central personnel a!ency of the !ovt entrusted w/ the enforcement of laws relative to the seln, promo and discipline of civ servants o w/o a duly approved *ualn stand, itd be difficult/impossible for the appointin! auth to det the *ualns and fitness of an applicant for a parti pos o it would have no basis/!uide in extendin! promotional/ori! apptment in filin! up positions in its dept/a!ency pub int re*uires that a *ualn stand must exist in extendin! an appment AN settlin! contested apptments 0Paredes v# +-+1

@'n$# of appt(ent 'n the areer #err 1) "erma %,ed to a person who meets all the re*ts for the pos to w/c hes appointed, inc the appropriate eli!ibility prescribed o lasts :til lawfully terminated and 2) 6emp$acting %,ed to a person who meets all the re*ts for the pos to w/c hes bein! appointed & the appropriate civ serv eli!ibility o it -6AN$ exceed /5mos o the appointee may be replaced sooner if a *ualified civ serv eli!ible becomes available 0P E89, -5<1 Admin +ode of E9 0w/c provides for only 5 .inds of apptmentRperma nd temp1 has abolished the provl apptment under the old +iv serv Act before it was repealed by P E89 o $he provl appointee en)oyed secu of tenure 0Pan!ilinan v# Fa!laya @>1

A perma appointee/ is entitled to secu of tenure o 2hat characteri4es an apptment as perma/temps NO$ the nature of the pos filled B?$ the nature of the apptment extended w/ depends on the eli!iblity of th appointee/his lac. of it o 2here the apptments specifically temp, it O&-N$ become perma merely :cause the pos is usu occupied by / appointed thereto permanently/cause the temp apointees allowed to conti in it for a no of yrs 0Hillarosa v# Alrea <91

NO$ a continuation of a temp apptmnt as these are 5 distinct acts of the appointin! auth# Bact that the appointee in the 5 apptments are the same persons purely incidental# Any irre!ularity in a temp apptments NO$ to be automatically carried over to the perma apptment# $6?- if a protest is directed v# the fmr, it would be illo!ical to carryover the merits of the protest to the subse*uent /# A protest v# a temp apptment becomes moot after the lapse by reason of subse*uent perma apptment# B?$ the protestants NO$ precluded fr filin! another protest directly v# the perma apptment of the same ofcer/ee# ,f it can be shown that the apptment as purposely done to moot the protest/is characteri4ed by malice, then corrective axn can be ta.en and the livin! off can be proceeded v# administratively 0$onio v# +-+ @51

25

In#tan e# of te(p appt(ent /1 A perma apptment implies civ serv eli!ibility ?N'&-- the pos involved re*uires NO such eli!ibility o where the appointee &/. %(6 possess civ serv eligibility, the apptments considered temp o the subse*uent ac*uisition of the re*d eli!ibility 2ON$ ma.e a temp apptment re!/perma o a new apptment, NO$ merely reinstatement, is needed 0Faturan v# Fa!laya E51 where the appointee O&-N$ possess any civ serv eli!ibility, the +iv -erv +omm +AN$ even le!ally approve his apptment as provl as this act would consti an unwarranted invasion of the discretion of the appointin! power 0 elector v# O!ayan E=1 o the apptments temp ON'( and the appointee can be replaced &H&N by nonDeli!ible 0Rodri!ue4 v# Rodri*ue4 9;1 whenever theres NO civ serv eli!ible actually available and ready to accept apptment 0P E89, -5=1 51 2hat the law considers a provl 0now temp1 appointee(s 1 #$ civ serv eligibility 1:6 diff fr that #$c is appropriate to the pos for #$c he #as appointed 0Aba v# Fanocatcat 951 o a provl apptments terminable ON'( upon certification of an appropriate eli!ibility since such apptment ta.es into acct that the appointee should necessarily be an eli!ible whos supposed to have a perma apptment and the nature of the wor.s such that only eli!ibles may perf the same 0Beste)os v# Barreras ;@1 a provl appointee O&-N$ have the appropriate eli!ibility to the pos B?$ the law !ives him the priv of occupyin! the pos in the absence of an eli!ible and :til the availablility of an aprpriate eli!ibles certified 0Provl Board of +ebu v# Presidin! 7ud!e E@1 o a person who O&-N$ have the re* *ualns for a pos +AN$ be appointed to it in the /st place/only as an & to the R, may be appointed to it merely in an actin! cap in the absence of appropriate eli!ibles o the apptment extended to him +AN$ be re!arded as perma &H&N if it may be so desi!nated 0+uevas v# Bacal 881 >1 An apptment by the Pres of some/ to fill an exec ofc during the absence$incap of the incumbent is temp 0Rodri!ue4 v# el Rosario >81 =1 As lon! as the appointee HA %(6 passed any civ serv e4am in accordance w/ the Rs and re!ns ofthe +iv -erv, the nature of his apptments A'2A(temp 0Reyes v# ones <E1 o the ta.in! and passin! of civ serrv exam by / who was replaced in a civ serv pos by a civ serv eli!ible, O&-N$ entitle him to reinstatement, as it +AN$ render ille! that w/c was le! when done 0Pala!id v# $orres <E1 o the fact that an appointee obtained a civ serv eli!ibility later ons of no moment as it O&-N$ ipso facto convert his temp apptment into a perma / o whats re*d is a new apptment since a perma apptments NO$ a continuation of the temp apptmet/theyre 5 distinct acts of the appointin! auth 0Prov of +amarines -ur v# +A @<1 <1 2here the new apptment accepteds sub) to the prov of -/, RA /<</ 0sub) to the consent and approval of the muni council1, theres NO complete

apptment to spea. ofK at most, pending compliance #$ the condi, the appointees holdin! ON'( a temp apptment 0+arillo v# +A 991 o an apptment w/c is specifically temp, pendin! rpt fr the C-,- as to phys and med exam remains temp :til the condis met o the apptments temp AN condil B?$ an apptment ,ed and approved by the +omm of +iv -erv sub) to the availability of funds ,-N$ a condil apptment o Neithers it effective as a condi subse*uent attached to the apptmentK every apptment to a pos in the serv presupposes the existence of a correspondin! item/fund in the bud!et fr w/c the salary of the appointees to be drawn o !en proposition" all apptments in the civ serv may be deemed sub) to such condi subse*uentK apptment ,ed w/ such condi/clause as condil, would ma.e all apptments in the civ serv condil forever, never to ac*uire the status of permanence 0+anoni!o v# Ramiro /@9811 ;1 A re! !ovt ee whos been ille!ally suspended/dismissed is entitled to be reinstatedK there(s %/ vacancy to w/c a new incumbent can be permanently appointed, his apptment bein! considered temp and he has to !ive way to the ee whose rt to the ofc has been reco!ni4ed by the competent auths 0$anala v# 'e!aspi ;<1 91 / whos designated as ofcer in charge O&-N$ have any vested rt over the pos/tenure of ofc o his contid stay in ofc depends on the appointin! power o he can be suspended and replaced anytime 0Assoc of Br!y +ouncils of 'as Pinas v# 7untilla1

Sepn of te(p ee# an apptment w/c is temp in nature can be terminated/w/drawn at the pleas of the appointin! power, w/o notice/hearin!/at a moments notice and re!ardless of !rounds/reasons 0$olentino v# $orres1 o the appointee can be transferred/reassi!ned w/o violatin! the constilally !uaranteed rt to secu of tenure o A@DB, -50;1" $emp ees in the Covt shall be !iven such protn as may be provided by law# $he aim of such laws to prevent indiscriminate dismissals of temp ees and to see to it that their sepn/replacements made ON'( for )ustifiable cause -uch law may even !rant to temp ees who have rendered continuous and faithful serv benes that accrue to perma ees inc the mantel of secu of tenure 0 e 'eon1 Bact that the apptment of an ees classified as temp O&-N$ !rant a blan.et auth to the appointin! power to remove him at any time w/o cause where the apptments for a def pd 0Ambas v# Buenaseda @/1 1!a)n 'n an appropr'ate e,a( Re*d for apptment to positions in the / st and 5nd levs in the career serv in accordance w/ +iv -erv Res, & as otherwise provided in the +iv -ec ec o RA ;E<8 !rants civ serv eli!ibility under certain condis to !ovt ees under provl/temp status who have rendered a tot of 9yrs of efficient serv# 1) 6emp appointment of non0eligibles in the absence of eligibles.D 2henever

26

theres a civ serv eli!ible actually available for apptment, NO person whos NO$ such an eli!ible shall be appointed &H&N in a temp cap to any vacant pos in the career serv in the !ovt/in any CO++, & when the immediate fillin! of the vacancys ur!ently re*d in the pub int/when the vacancys NO$ perma, in w/c cases, temp apptments of nonDeli!ibles may be made in the absence of eli!ibles actually and imemdiately available 2) Apptment to a pos re3uiring lo#er eligibility.D $he appropriate exams referred to are those !iven by the +-+ and the diff a!encies o a person w/ a civ serv eli!ibility ac*uired by sufccessfully passin! an exam shall be *ualified for a pos re*uirin! a lower eli!bility if he possesses the other re*ts for apptment to such pos 0P E89, -/@091, &O 5@5, B. <, $itle /, -ubtitle A, +h <, -5/, 9 and E1 -) 8ance$revocation of cert of eligibility.D As the actual personnel a!ency of the !ovt char!ed w/ the constil duty of detin! As of *ualns of merit and fitness of those appointed to the civ serv, the +omms power to , a cert of eli!bility carries w/ it the power to revo.e a cert for bein! null and void, and it may do so motu proprio w/o notice and hearin! to the examinee concerned, applyin! the R res ipsa lo*uitor o where the A before it O&-N$ re*uire any evidentiary hearin! as where the case simply involves the rechec.in! of exam papers and NO$6,NC S a reevaln of docus already in the recs of the +omm accd! to a stand ans .ey previously set by it , the examinee can as. for a recon if he finds anythin! wron! in the rechec.in! of his exam papers 0P E89, -@h1

w/o the favorable cert/approval fothe +omm, in cases when such isre*d, NO title to the ofc can yet be deemed to be permanently vested in favor of the appointee and the apptmnt can still be recalled/w/drawn by the appointin! auth o :til an apptments become a completed act, the appointee +AN$ invo.e the R on secu of tenure 0$omali v# +-+ @=1 5) 'riterion to be employed.D $he +omm has auth to chec. 2ON the appointee possess the appropriate civ serv eli!ibility/re*d approved *ualns o if he does" his apptment must be aprpvoedK if not, it should be disapproved o no other criterion may be employed by it when it acts on an apptment 0Cuieb v# +-+ @=1 o $6?-, the +omm may NO$ revo.e an apptment and dir the ,ance of the apptment to some/ else who it believes is more *ualified for the pos o ,ts NO$ authori4ed to curtail the discretion of the appointin! off on the nature/.ind of apptments to be extended 0+B v# +-+ E@1 o ,t has NO power of apptment & over its own personnel NOR does it have the auth to rvw the apptments made by other ofces o <) .4tent of 'omm(s auth.D$he auth of the +Omms limited to rvwin! the apptments, approvin!/diapprovin! them in li!ht of the re*ts of the law !overnin! the +iv -erv 0Pato!oc v# +-+ @815 o it O&-N$ have the power to ma.e the apptment itself/dir the appointin! auth to chan!e the employment status 0fr temp to perma1 of an ee 0Prov of +amarines -ur v# +A @<1 o for the +omm to dir that / be appointed to a pos for w/c he O&-N$ possess the re*d educl *ualns is CA A'&7, bein! at crossDpurposes w/ its bounden duty to ensure that only the *ualified are admitted to the pub serv 0Pardo de $avera v# +-+ @51 o B?$ while the +omm has NO auth to revo.e an apptment on the !round that anothers more *ualified, it may order the reinstatement of an ille!ally demoted/dismissed ee 0Cayatao v# +-+ @51 o As the central personnel a!ency char!ed w/ the constil tas. of protectin! and stren!thenin! the civ serv, it has the obli! to implement and safe!uard the constil provs on secu of tenure and P )) Attestation of apptment.Dthe +omm can only in*uire into the eli!bility of the person chosen to fill a pos o if it finds the person NO$ *ualified, the apptment must be disapproved o when the appointees *ualified, and all other re*ts have been satisfied, the +omm has NO choice but to attest to the apptment o /ce this fxns dischar!ed, its parti in the appment proc ceases o it +AN$ encroach upon the discretion vested in the appointin! auth o the only purpose of attestations to det 2ON the appointee

Appro-a)+re a)) of appt(ent# "* the CSC 1) Apptments re3d to be approved.D Amon! the powers and fxns of the +-+ is to approve all apptments, whether ori!/promotional, to positions in the civ serv & those of presl apptments, mems of the ABP, pol forces, firemen and )ail !uards, and disapprove those where the appointees ON$ posses the appropriate eli!ibility/re*d *ualns 0P E89, -@h1 2) +t of appointee to a hearing in case of disapproval. R2here the +omm disapproves an apptment based on its nonconformity to applicable provs of law and on the *ualns of the appointee, the latter need NO$ be previously heard since the axn O&-N$ involves the impo of an admin disciplinary meas on him o hes afforded an opp to be heard by filin! a FBR w/ the +omm and there challen!e its disapproval o it may recall on its own initiative the erroneous initial approval of an apptment and rvw it de novo 0 ebul!ado v# +-+ @=1 -) .ffectivity of apptment Mtil disapproval.D An apptment shall ta.e effect immediately upon , by the appointin! auth if the appointee assumes his duties immediately and shall remain effective :til its disapproved by the +omm if this shall ta.e place, w/o pre)udice to the liab of the appointin! auth for apptmnts ,ed in violn of existin! laws/Rs 0P E89, -@h1 o an apptment to the civ serv is re*d to be submitted to the +omm for approval in order to det 2ON the proposed appointees *ualified to hold the pos and 2ON the Rs pertinent to the proc of apptment are ffed -//, R<, Omnibus Rs implementin! B.< &O 5@5" An apptment NO$ submitted to the +omm w/in >8d fr the date of ,ance w/c shall be the date appearin! on the face of the inst, shall be ineffective

+iv -erv Act of <@" +omm of +iv -erv has the fin auth on apptments# NO$ true under -@h, +iv -erv ec" +-+ has NO power to ma.e the apptment/dir that such be made by the appointin! auth# No auth to revo.e / on the !round that another persons more *ualified for the pos 0Orbos v# +-+ @81# ,t +AN$ substi its )ud!ment for that of the 6ead of Ofc in the detn of who amon! several candidates for a vacant pos has the best *ualns 0Caspar v# +A @81# ,ts NO$ empowered to det/chan!e the .ind/nature of the apptment 0Rapisora v# +-+ @>1

27

possesses that re* civ serv eli!bilityK NO more than thats left for the +omm 0Fedenilla v# +-+ @/1 o NO$ only is the appointin! auth the ofcer resp for the admin for this of B?$ A'-O is in the best pos to det who amon! the prospective appointees can efficiently dischar!e the fxns of the pos 0Hille!as v# -ubido ;@1 ,) ;eeping of recs of all apptments.D $he +omms re*d to .eep a rec of all aptpments of all ofcers and ees in the civ serv o all apptments re*uirin! the approval of the +omm must be submitted to it by the appointin! auth w/in >8d fr ,ance OR the apptment becomes ineffective >8days thereafter 0P E89, -@h1 *) +ecall of apptment.DR<, -@, Omnibus ,mplementin! Re!ns of the Revised Admin +ode" An apptment accepted by the appointee +AN$ be w/drawn/revo.ed by the appointin! auth and shall remain in force and in effect :til disapproved by the +omm o $6?-, its the +omm thats authori4ed to recall an apptment initially approved B?$ only when such apptment and approval are proven to be in disre of applicable provs of the civ serv law and re!ns o -/8" An apptments ,ed in accordance w/ pertinent laws and Rs shall ta.e effect immediately upon its ,ance by the appointin! auth, and if the appointee has assumed the duties of the pos, he shall be entitled to rcv his salary at /ce w/o awaitln! the approval of his apptment by the +omm# $he apptment shall remain effective :til disapproved by the +Omm# ,n NO case shall an apptmnt ta.e effect earlier than the date of its ,ance# -58, R;" o Notwstandin! the initial approval of an apptment, the same may be recalled on any of the ff !roundsK a# NonDcompliance w/ the procedures/criteria provided in the a!encys Ferit Promo PlanK b# Bailure to pass thru the a!encys -eln/Promo BoardK c# Hioln of the existin! collective a! bet mn!t and ees relative to promoK OR d# Hioln of other existin! civ serv law, Rs and re!ns# An apptment may only be recalled on the above !rounds o +ase" pet )ustified his re*uest to the +-+ to recall the apptments of muni ees on t h alle! that said apptments were midni!ht apptments of the fmr mayor done in violn of A9, -/< &PAR$F&N$

Appt(ent thr! ert'f' at'on Apptment thru cert to a pos in the civ serv & as otherwise provided, shall be ,ed to a person whos been selected fr a list of *ualified persons certified by the +ommf fr an appropriate re! of eli!biles 0list of names of those who passed competitive exams and who meets all the other r*ts of the pos1 o All such persons must serve a probationary pd of ;mos ff their ori! apptment and shall under!o a char investi! to ac*uire perma civ serv status o A probationer may be dropped fr the serv for unsatisfactory conduct/want of cap anytime before expiration of the pd o -uch axns appealable to the +omm 0P E89, -5=a1 ,ts prohibited to appoint a nonDeli!ible to any pos in the +iv -erv when theres a civ sev eli!ible actually available and ready to accept aptpment 0P E89, -5=, par /1 D2 %a an * Mng of -a an * 2hen an ofc is empty and w/o a le!ally *ualified incumbent appointed/elected to it w/ a lawful rt to exer its powers and perf its duties E,'#ten e of ph*# -a an * NOT e##ent'a) 2hen applied to pub ofcers, vacancys NO$ employed in a technical sense o O&-N$ mean that the ofc is physically vacant ,t may be vacant when its occupied by / whos NO$ a de )ure ofcer, as by mere usuper/by / whos holdin! over o B?$ althou!h NO phys vacancy in the ofc exists, theres still a vacancy in the sense that the appointin! power may proceed to fill the ofc by choosin! a successor Appt(ent to a non>-a ant po# NO person, no matter how *ualified and eli!ible for a certain pos, may be appointed to an ofc w/c ,-N$ yet vacant $here can be NO apptment to a nonDvacant pos o $he incumbent mustve been lawfully removed/his apptment validly terminated before / could be validly installed to succeed him, since an apptment to an ofc NO$ vacants null and void ab initio 0+ostin v# Auimbo E>1 o 2here a re! ees ille!ally dismissed, transferred/demoted, his pos O&-N$ become vacant C)a##n of -a an * 1) /rig.Dwhen an ofc is created and no/s been appointed to fill itK
lost the elecs, his is the duty of a prudent careta.er of the ofc and -6O?' N$ fill positions in the !ovt ?N'&-- re*d by the imperatives of pub serv# $his R binds A'', inc mayors, who are vested w/ the power of apptment, and it flows fr the print that a pub ofc is a pub trust# Aytona v# +astillo" +t , N$ need a spec consti/stat prov to R that the ma.in! of ><8 apptments after the proc of a new Pres and durin! the last hrs of the out!oin! +hief &xec +O?' N$ be upheld consistent w/ CB, morality and propriety# -o why should the ma) demand a spec R before it puts its ft down on the pernicious prac of ma.in! mi!ni!ht/lastDhr apptments by loc execsJ

AR$,+'& H,, % &Q&+?$,H&

Se t'on 1<# $wo months immediately before the next presidential elections and up to the end of his term, a President or Actin! President shall not ma.e appointments, except temporary appointments to executive positions when continued vacancies therein will pre)udice public service or endan!er public safety#

-+" $he +-+ correctly ruled that the constil prohi on midni!ht apptments, those made w/in 5mos immediately prior to the nxt presl elecs, applies only to the Pres/Actin! Pres 0 e Rama v# +A 08/1>
issentin! 0Fendo4a1" A9, -/<s an appli of a broader prin that after the appointin! auths

28

2) 'onstructive.Rwhen the incumbent has NO le! rt/claim to conti in ofc and can be le!ally replaced by another fxnaryK -) Accidental.Rwhen the incumbent havin! died, resi!ned/been removed, theres NO/ in esse dischar!in! the duties of the ofcK and 5) Absolute.Rwhen the term of an incumbent havin! expired and the latter NO$ havin! held over, NO successors in bein! whos le!ally *ualified to assume the ofc 0Fechem1

Ca!#e# of -a an * +ircs/events that brin! abt a vacancy in ofc are set forth in the +onsti and laws# /1 ?niversally reco!ni4ed that vacancy in ofc results in cases of death, perma disabil, removal fr ofc/resi! of the incumbent o if acceptance of resi!s nec to ma.e it effective, a vacancy O&-N$ exist :til the resi!s accepted by the proper auth o when a re! !ovt ofcer ees ille!ally suspended/dismissed, the ofc N&H&R becomes vacant o the resi!/removal F?-$ be valid to create a vacancy 51 Amon! other causes of vacacy are abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of incomptatible ofc, creation of a new ofc, reachin! the a!e limit and recall o a vacancy may also arise by failure of persons chosen for ofc to accept/*ualify for the ofc o the above are also modes for terminatin! off relns F'))'ng of ant' 'pate$ -a an 'e# 1) 9enerally apptment leg.DA prospective apptment to fill an anticipated vacancy in a pub ofc, made by the person/body w/c, as then constituted, is empowered to fill the vacancy when it arises, is in the absence of express law forbiddin! it, le! apptment, and vests title to the ofc in the appointee o $6?-, where a pub ofcer resi!ns in his ofc to ta.e effect at a future day, and his resi!s accepted, the appointin! power bein!, as then or!ani4ed, authori4ed to fill the vacancy when it shall occur, may appoint a successor, the apptment to ta.e effect when the resi! becomes operative# 2) Chere apptment to taKe effect after e4piration of appointing po#er.D B?$ the appointin! power +AN$ forestall the rts and preros of their successors by appointin! successors to ofces expirin! after its power to appoint has itself expired o an apptment thus made by anticipation has NO other basis than expediency and convenience o -i!ueste v# -ec of 7ust ;>" the nomination by the out!oin! Pres 0whose term expired on ec >/ ;/1 was submitted to the +OA before it be!an its session on 7an 5 ;/ 6eld" $he new Pres could recall the nomination before the +omm# be!an its session OR the out!oin! Pres would be ma.in! an apptment to ta.e effect after hes ceased to be Pres E2 1!a)'f*'ng to Of

1!a)n 8a# an a t9 to an of +ertain *ualn steps, w/c are sep and distinct fr the apptment/elec to ofc, are !enerally re*d to be ta.en by a person to entitle him to assume the fxns and duties of the ofc $he person appointed/elected to a pub ofc is usu re*d by law, before enterin! upon the perf of his duties, to do some act by w/c he shall si!nify his acceptance of the ofc and his underta.in! to execute the trust confided in him o $he acts ordinarily termed 3ualn 0Fechem1 o ,t !enerally consists of the ta.in!, and often of subscribin! and filin! of an off oath, and in some cases, of the !ivin! of an off bond, if any, re*d by law ,n view of the presum that the ordin course of bus has been ffed and that laws been obeyed 0R/>/, -<a, *1, its to be presumed that all condis nec to *ualifyin! for a pub pos have been fulfilled before the appointee ta.es ofc 0Fechem1 Effe t of fa')!re to 3!a)'f* $he failiure to *ualify at all would be deemed evid of a refusal of the ofc o B?$ a failure/ne!lect to *ualify w/in the parti time prescribed, if afterwards supplied, 2O?' N$ ordinarily be deemed ipso facto a re)ection of the ofc o -ic.ness, accid and other fortuitous events that excuse delay on the part of a person to ta.e steps incident to assumption to ofc will )ustify delay in *ualifyin! o ,td be diff thou!h if the *ualn w/in a !iven time was expressly made a condi precedent 0Fechem1 A person appointed to an ofc who fails to *ualify doesnt become an ofcer de )ure o 6e may be re!arded as an ofcer de facto Oath of of for p!" of er# an$ ee# /ath % an outward pled!e whereby / formally calls upon Cod to witness tohte truth of what he says or to the fact tha the sincerely intends to do what he says 1) :nder the 'onsti AR$,+'& H,, % &Q&+?$,H& &PAR$F&N$ Se t'on <# Before they enter on the execution of their office, the President, the HiceDPresident, or the Actin! President shall ta.e the followin! oath or affirmation" V, do solemnly swear Tor affirmU that , will faithfully and conscientiously fulfill my duties as President Tor HiceDPresident or Actin! PresidentU of the Philippines, preserve and defend its +onstitution, execute its laws, do )ustice to every man, and consecrate myself to the service of the Nation# -o help me Cod#V T,n case of affirmation, last sentence will be omittedU# AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on =2 All public officers and employees shall ta.e an oath or affirmation to uphold and defend this +onstitution# AR$,+'& QH, % C&N&RA' PROH,-,ONSe t'on <2 819 All members of the armed forces shall ta.e an oath or affirmation

29

to uphold and defend this +onstitution# 2) :nder the Admin 'ode of *,

BOOI , -OH&R&,CN$( AN C&N&RA' A F,N,-$RA$,ON +hapter /8 OBB,+,A' OA$6-ec# =8# Oaths of Office for Public Officers and &mployees# D All public officers and employees of the !overnment includin! every member of the armed forces shall, before enterin! upon the dischar!e of his duties, ta.e an oath or affirmation to uphold and defend the +onstitutionK that he will bear true faith and alle!iance to itK obey the laws, le!al orders and decrees promul!ated by the duly constituted authoritiesK will well and faithfully dischar!e to the best of his ability the duties of the office or position upon which he is about to enterK and that he voluntarily assumes the obli!ation imposed by his oath of office, without mental reservation or purpose of evasion# +opies of the oath shall be deposited with the +ivil -ervice +ommission and the National Archives# Also in fmr Revised Admin +ode 0-5>1 -) :nder the 29'

Se 2 =12 Officers Authori4ed to Administer Oath# D 0/1 $he followin! officers have !eneral authority to administer oath" Notaries public, members of the )udiciary, cler.s of courts, the -ecretary of the either 6ouse of the +on!ress of the Philippines, of departments, bureau directors, re!isters of deeds, provincial !overnors and lieutenantD!overnors, city mayors, municipal mayors and any other officer in the service of the !overnment of the Philippines whose appointment is vested in the President# 051 Oaths may also be administered by any officer whose duties, as defined by law or re!ulation, re*uire presentation to him of any statement under oath## Se 2 =42 uty to Administer Oath# D Officers authori4ed to administer oaths, with the exception of notaries public, municipal )ud!es and cler.s of court, are not obli!ed to administer oaths or execute certificates save in matters of official businessK and with the exception of notaries public, the officer performin! the service in those matters shall char!e no fee, unless specifically authori4ed by law# P!" of er# an$ ee# re3$ to g'-e "on$# Accountable pub ofcers/those to whom are entrusted the colln and custody of pub money, and pub ministerial ofcers whose axns may affect the rts and ints of indivs, are usu re*d to secure the faithful and proper dischar!e of their duties by !ivin! bonds conditioned to that effect 0Fechem1 o $hey may also be re*d to renew thir bonds/!ive addl bonds A pub off bond ordinarily includes all ofcers who have custody of pub funds o $he offs, to be sure, would be individually liable for any loss o $he re*t of an off bond $6&R&BOR&s to prot pub funds 02yatt1 Nat!re of off "on$# /1 the bond of a pub ofcers in the nature of an indemnity bond RA$6&R than a penal/forfeiture bond o in effect, its a contract bet the ofcer and the !ovt, bindin! the ofcer to dischar!e the duties of his ofc 51 the bonds also an obli! bindin! the sureties to ma.e !ood the ofcers default o off bonds are re*d NO$ for the bene of the ofc holder, B?$ for the protn of pub int and are desi!ned to indemnify those sufferin! loss/in) by reason of misconduct/ne!lect in ofc >1 some cases have ta.en the pos that a pub ofcers off bond creates a primary contractual obli! bet the in)ured p and the ofcer and surety =1 there are also decisions to the effect that the off bonds merely collateral secu for the perof of the ofcers duty Ne e##'t* of g'-'ng off "on$# 1) +e3t, a mere incident of ofc.D 'i.e the re*t to ta.e an oath of ofc, the furnishin! of a bonds a F&R& incident of ofc o B?$ in detin! 2ON a parti fxn pertains to a pub ofc, the cts sometimes ta.e into consid the presence/absence of a bond/oath o A'$6O?C6 neither re*ts an absolute criterion to dist an ofc, it may be considered w/ others in detin! the char of the pos in A 2) Chere time prescribed #$in #$c to give bond.D $he statutes re*uirin! a bond to be !iven by a pub ofcer ordinarily prescribe that it shall be !iven w/in a fixed time after ofcers elec/apptment

-&+# @5# /ath of /ffice. 0 0a1 All elective and appointive local officials and employees shall, upon assumption to office, subscribe to an oath or affirmation of office in the prescribed form# $he oath or affirmation of office shall be filed with the office of the local chief executive concerned# A copy of the oath or affirmation of office of all elective and appointive local officials and employees shall be preserved in the individual personal records file under the custody of the personnel office, division, or section of the local !overnment unit concerned# Ne e##'t* of oath of of althou!h the law usu re*uires the ta.in! of an oath, its NO$ indispensable o its F&R& incident to the ofc and constis NO part of the ofc itself o statutes re*uirin! the ta.in! of an oath, li.e those w/c re*uire the !ivin! of a bond, usu re*uire that it shall be done w/in a specified time o these statutes thou!h are !enerally construed to be merely directory and mere delay in ta.in! an oath, if it be afterwards ta.en w/ approval of the pub auths, whilte it may be a !round for fofeiture while delay contis, when the oaths ta.en, the delays deemed waived $he Pres, HP/Actin! Pres thou!h +AN$ enter on the exec of his ofc w/o ta.in! prescribed oath/affirmation o OathDta.in!s manda o ,t mar.s the formal induction of the off in ofc ?N'&-- the law expressly re*uires more, its suff that the oath be ta.en o ,t need NO$ be in writin!/be subscribed by the affiant Of er# a!thor'Ae$ to a$('n oath BOOI , -OH&R&,CN$( AN C&N&RA' A F,N,-$RA$,ON +hapter /8 OBB,+,A' OA$6-

30

a1 these provs as to time 6O2&H&R, thou!h often couched in most explicit lan!, are usu considered to be directory ON'( and NO$ manda 0Fechem1 a failure to !ive the bond O&-N$ $6&R&BOR& ipso facto wor. a forfeiture of his ofc esp where the failure 2A-N$ thru his fault even if the law expressly provides that upon failure to !ive the bond w/in the time prescribed, the ofc shall be deemed vacant, such failure merely constis a !round for forfeiture and NO$ forfeiture of the ofc ipso facto if notw/standin! the default, the state excuses it by !rantin! the ofcer his commission, the defects of the title are deemed waived b1 the Rs diff where the !ivin! of a bond w/in the time prescribed is expressly made a condi precedent to the rt to th eofc the ofc will be re!arded as vacated when the re*d bonds NO$ !iven w/in the time limited by law F2 De Fa to Of er#

color of an elec/apptment &H&N thou!h such elec/apptment may be irre! 0 imaandal v# +OA @E1 De B!re of er $ef'ne$ / who has the lawful rt to the ofc in all respects, B?$ who has either been ousted fr it, or who has never actually ta.en possession of it when the ofcer de )ures also the ofcer de facto, the lawful title and possession are united 0Fechem1 Re3t# to "e o(e of er $e B!re to become an ofcer de )ure, / must satisfy > re*ts" o /1 he must possess the le! *ualns for the ofc in AK o 51 he must be lawfully chosen to such ofcK AN o >1 he mustve *ualified himself to perf the duties of such ofc accd! to the mode prescribed by the +onsti/law Of er $e B!re an$ of er $e fa to $'#t'ng!'#he$ Ofcer de )ure rests on the rt has the lawful rt/title to the ofc +AN$ be removed in a dir proceedin! Ofcer de facto rests on rep has the possession and perfs the duties under color of rt, 2O bein! technically *ualified in all pts of law to act may be ousted in a dir proceedin! v# him 0$ay.o v# +apistrano 5E1

De Fa to $o tr'ne prin " a person who, by the proper auth, is admitted and sworn into ofc is deemed to be rtfully in such ofc :til, by )ud declaration in a proper proceedin!, hes ousted therefr, or his admission theretos declared void Ba#'# an$ rea#on for the $o tr'ne sprin!s fr the fear of the chaos that would result fr multi and repetitious suits challen!in! every axn ta.en by every off whose claim to ofc could be open to A, and see.s to prot the pub by insurin! the orderly fxnin! of the !ovt despite technical defects in title to ofc De fa to of er $ef'ne$ / who has the rep of bein! the ofcer he assumed to be and yet ,-N$ a !ood ofcer in pt of law more comprehensive and widely accepted defn" where the duties of the ofc are exerd" o /1 w/o a .nown apptment/elec, B?$ under such circs of rep/ac*uiescence as were calculated to induce ppl, w/o in*uiry, to submit to/invo.e his axn, supposin! him to be the ofcer he assumed to beK or o 51 under color of a .nown and valid apptment/elec, B?$ where the ofcers failed to conform to some precedent re*/condi, such as to ta.e an oath, !ive a bond, or the li.eK OR o >1 under color of a .nown elec/apptment, void :cause the ofcer 2A-N$ eli!ible, or :cause there was a want of power in the electin!/appointin! body, or by reason of some defect/irre!ularity in its exer, such ineli!ibility, want of power/defect bein! un.own to the pub OR o =1 under color of an elec/apptment by or pursuant to a pub, unconstil law, before the sames ad)ud!ed to be such 0'una v# Rodri!ue4 /91 $6?-" hes / whos in possession of an ofc in the open exer of its fxns under

there can be NO ofcer, de )ure/de facto, where theres NO ofc to fill 0Fechem1 o while there can be no de facto ofcer where theres NO de )ure ofc, there FA( be a de facto ofcer in a de )ure ofc 0Covt ofht eP, v# -priner 591

U#!rper+'ntr!$er $ef'ne$ / who ta.es possession of the ofc and underta.es to act officially 2O any color of rt/auth, either actual/apparent o hes NO$ an ofcer at all for any purpose Of er $e fa to an$ !#!rper $'#t'ng!'#he$ Ofcer de facto has a color of rt/title to the ofc assumes to exer his fxns where the pub doesnt .now NOR ou!ht to .now his lac. of title/auth may be removed only in a dir proceedin! v# him all acts otherwise le!it done by a de facto ofcer in the exer of his auth as such are valid li.e those of a de )ure ofcer insofar as the rts of the pub and >rd persons are concerned ?surper has N&,$6&R lawful title NOR color of rt/title to the ofc simply assumes to acct as an ofcer where the pub .nows/ou!ht to .now that hes such a usurper can be ousted at any time in any proceedin! acts are absolutely null and void

31

a usurper may !row into an ofcer de facto if his assumption of the ofc is ac*uiesced in 0Fechem1 o this happens when he contis to act for so lon! a time as to afford a stron! presum that hes been duly appointed/elected and $6&R&BOR&, the rt to act Apptment of pet as Acting >M #as bypassed by %atl Assembly. Bacts" B, pet, was extended ad interim apptment by Pres as Actin! HF and duly *ualified o B performed duties and fxns of ofc o Apptment was bypassed by Natl Assmebly/+on! o &xec sec informed B that a new desi! was under consid o Rep +ity $reas denied payment of Bs salary o B filed mandamus proceedin!s to compel payment of his salary ,ssue" o 6as B the rt to conti in ofc and rcv hias salaryJ NO 6eld" 1) Apptment ceased$e4pired.R6is ad interim apptment ceased/expired upon ad)ournment of session of Natl Assemly o "rin in pub la#! A pub ofcer havin! the cap to act on behalf of the Covt in whom the rt of soverei!ntys vested has to be chosen in the manner and form provided by law o O$6&R2,-&, hed be a plain usurper of off fxns 2) 1 informed of termination of his status as acting >M.D 2hats worse was that B couldnt have been possibly i!norant of the termination of his status as Actin! Hm o he was informed by the &xec sec that his desi! as Actin! HF did cease upon ad)ournment of the re! session of +on! and that a new desi! was still under consid o L he was explicitly informed tha the -6O?' N$ conti in ofc, he NO$ havin! even the color of title thereto o 6e was ',I&2,-& ordered to refrain fr performin! the duties of the ofc upon pain of the appropriate drastic axn thatd be ta.en v# him 0Barte v# ichoso 951

simultaneously, ea under claim of rt, the owner who appears to have the better le! title will A'ON& be reco!ni4ed E)e(# of $e fa to of er#h'p All must be pres" /1 6here must be a de jure ofc.D An apptment/elec of / to an ofc that has NO le! existence !ives NO color of existence to the ofc/color of auth to the person so appointed/elected o R" a1 where persons assume to act as incumbents of ofces w/c have been abolished/uinder auth of statutes w/c have been repealedK b1 where theres NO law/ordin even attemptin! to create an ofcK c1 where the de )ure ofcer whom the purported de facto ofcer replaced , N$ resi!n in the manner re*d by law, so that there was NO de )ure ofc to be filledK or d1 where the stat condis of the creation of the ofc 6AH&N$ been complied w/ o 2) 6here must be a color of rt$gen ac3uiescence by the pub.D $he color of rt w/c constis / an ofcer de facto may consist in an elec/apptment, or in holdin! over after the expiration of /s term, or ac*uiescence by the pub in the acts of such ofcer for such a len!th of time as to raise the presum of colorable rt by elec/apptment itll be obvious that / who at / st was but a mere usurper may, by ac*uiescence, become an ofcer de facto 0Fechem1 o (&$ in all cases, its nec that an ofcer de facto have some appearance of rt to the ofc $he nonDexistence of any !en rep/reco! as a pub ofcer may be in itself enou!hto prevent the cts fr !ivin! such status to / who claims to hold the ofcK and o -) 6here must be actual phys possession of the ofc in 97.D ,ts essential in order for a pesron to be an ofcer de facto that he be in phys possession and cont of the ofc such possession F?-$ be in CB, under color of rt/title, and accompanied by the faithful exer of the fxns of the ofc and dischar!e of its duties, since possession A'ON& ma.es the possessor a mere intruder/usurper whose acts in the ofc are wholly void In#tan e# of $e fa to of er# /1 A lawyer who was instructed by the Actin! Provl Cov to file an info for homi, where the latter had NO auth under the law to desi!nate him as asst fiscalK N&,$6&R was said lawyer authori4ed to act as such by the O7, even assumin! that the apptmnt was irre!, (&$ could be considered a de facto ofcer 0Pp v# Penesa =E1 51 A person whos been proclaimed elected toopub ofc and assumes it on the basis of the returns and proc, thou!h later ousted a the result of an elec contest, is at least a de facto ofcer PR,OR to ouster and entitled to retain the emoluments rcved durin! that time 0Rodri!ue4 v# $an <51 >1 / whose apptment to a competitive pos 2A-N$ approved by the +omm of +iv -erv under the pertinent Rs on the matter may be considered as de facto

Do!")e o !pan * of a #'ng)e of /1 5 diff persons +AN$, at the same time, be in the actual occu and exer of an ofc for w/c / incumbent onlys provided by law o there +AN$, therefore, be an ofcer de )ure and another ofcer de facto in possession of the same ofc at the same time o 6&N+&, if the ofcer de )ures in, theres NO rm for an ofcer de factoK and if the ofcer de factos in, the ofcer de )ure +AN$ be in also Bor li.e reasons, there +AN$, at the same time, be 5 diff ofcers de facto in possession of an ofc for w/c / incumbents provided by law 51 2hen the ofcer de )ures A'-O the de facto ofcer, the lawful title and possession are united, and NO other person can be an ofcer de facto to the ofc o / of the most impt results of the R" $here +AN$ be 5 de facto incumbents of / ofc at the same time, and where 5 are actin!

32

ofcer and +ON-&A?&N$'(, he may be removed fr ofc even w/o cause 0Bavis v# Rupisan ;E1 o a pub off/ee who assumed ofc under an incomplete apptments F&R&'( a de facto ofcer for the eduration of his occupancy of the ofc for the reason that he assumed ofc under color of a .nown apptment w/c is void by reason of some defect/irre!ularity in its exer 0+orpu4 v# +A @E1 =1 2here the mayor, :cause of poor health, desi!nated the HF to act in his place, then the latter desi!nated the / st ran.in! councilor who, NO$ bein! also in !ood health, in turn, desi!nated the > rd ran.in! councilor to act as mayor, when under th law then in force, such desi! should be made by the Provl Cov w/ the consent of the Provl Board, -$,'' the actin! Fayor was actin! under color of auth, as distin!uished fr a usurper whos / who has N&,$6&R title NOR color of title to an ofc o his acts are off acts of a de facto ofcer and $6&R&BOR&, valid and bindin! all the re*s of a de facto ofcership are present in this case, i#e#, an ofc and actual phys pssession of the ofc, under color of title/auth 0+odilla v# Fartine41 <1 A )ud!e who, in CB, contis to act and is reco!ni4ed by a comm# error after the abolition of his cts deemed de facto )ud!e of a ct w/c succeeds to the 7 of that presided over by himK and the )ud!ment pronounced by a )du!e de factos whos !enerally accepted an reco!ni4ed as a )ud!e by comm# error of the comm, is valid and bindin! 0?- v# Abalos 8>1 ;1 A )ud!e who contid to exerd his duties after his apptment was disapproved by the +OA accd! to a newspaper rpt B?$ before rcvin! the off notification re the re)ection of his apptments a de facto )ud!e, and all his off axns as such )ud!e are valid on all le! pts and for all .inds of cases as if he were a de )ure 0Re!ala v# 7ud!e of +B, =;1 -imilarly, the deicison of a )du!e rendered before off notification of the acceptance of his resi!s valid 0Camboa v# +A E81 91 A )ud!e who, in CB, contid to dischar!e his duties even afte reachin! the retirement a!e is a de facto )du!e and his decisions valid 0$ay.o v# +apistrano 5E1 E1 Bor a )ud!ment to be valid and have le! effect, there must be a )ud!e actually actin!, either de )ure/de facto, and said )ud!ment must be duly si!ned and promul!ated by him durin! his incumbency 0'una v# Rodri!ue4 /=1 o a1 crim case" where the )ud!e who prepared and si!ned the decision was NO lon!er the )du!e of the ct at the time of the promul!ation of the decision, :cause hes already retired, theres NO valid )ud!ment entered in the case 07imene4 v# Rep ;E1 o b1 -imilarly, where the order of dismissal of a crim case is dated Oct /, ;< B?$ said order was rcved by the +ler. of +t for filin! only on Oct /@ ;<, when the 7ud!e has *ualified and assumed ofc in another +t on Oct /5 ;<, the promul!ation o fh hd ismissal orders invalid o its NO$ the date of the writin! of the decision/)ud!ment that constis rendition thereof and !ives it validity and bindin! effect B?$ the filin! of such decision/)ud!ment/order w/ the +ler. of +t o the si!nin!/writin! of )ud!ments outside of the territ 7 of the ct where the cases are pendin!s allowed when the )ud!e leaves the prov by transfer/assi!nment w/c is merely temp, NO$ when the transfer/assi!nemnts perma 0Pp v# -oria ;E1

c1 where a )du!e promul!ated his decision in a crim case after the abolition of his pos by law and over the ob)ection of the fiscal, the promul!ation was null and void on the !round that the )du!e was NO lon!er a )ud ofcer at the time of said promul!ation 0Pp v# -o <91 d1 a decision rendered by a )ud!e after hed ceased to be such by acceptin! apptment and *ualifyin! to another ofc is null and void he +AN$ be actually actin! under color of rt after havin! actually vacated his ofc 0'una v# Rodri!ue41 @1 An incumbent elective off 0Fayor1, behin! ineli!ible under the +onsti for apptment/desi! in any cap to any pub ofc/pos durin! his tenure 0A@DB, -91, appointed by the Pres to a !ovt pos 0+hairman and +hief &xec Ofcer of the -ubic Bay Fetron Auth1 pursuant to a le!is act that contravenes the +onsti, may be considered a de facto ofcer and entitled to retain the per diems, allowances and other emoluments w/c may have been rcved by him pursuant to his apptment 0Blores v# rilon @>1

Of reate$ !n$er an !n on#t') #tat!te 1) >ie# that occupant %/6 even ofcer de facto.D / line of cases t. the pos that an ofcer created by an unconstil statutes NO$ even an ofcer de facto, NOR is the person who assumes to exer it an ofcer de facto o an unconstil laws NO$ a lawK it confers NO rtsK it imposes NO dutiesK it affords NO protnK it creates NO ofcK its in le! contemplation, as inoperative as thou!h its never been passed o where an ofc O&-N$ le!ally exist, the pretended ofcers F&R&'( a usurper, to whose acts NO validity can be attached 0Fechem1 2) 'ontrary vie#.DON $6& O$6&R 6AN , the CR 2ON$ be ffed where strict adherence thereto would lead to uncertainty, chaos and confusion, !reat pub inconvenience/!reat hardship to liti!ants o $6?-, / line of cases holds that where an ofc is provided for by an unconstil statute, the incumbent, for the sa.e of pub policy and the protn of priv rts, will be reco!ni4ed as an ofcer de facto :til the unconstility of the acts been )udicially detd o ,n any case, where the law by w/c a persons appointed/electeds declared constil, he may be considered de facto A$ '&A-$ before the sames so ad)du!ed o Bor then, the ,s only his le! title to the ofc and NO$ the existence of the ofc itself Leg ef, of a t# of $e fa to of er# Halidity of the acts of de facto ofcers depends on 2ON such ofcers are attemptin! to )ustify themselves/2ON the rts of >rd and the pub are involved o A more strin!ent R applies in the fmr than when the ofcers ints AR&N$ affected and the rts of the pub and >rd alone are involved 1) As re the ofcers themselves.D CR" a p suin!/defendin! in his own rt as a pub ofcer must show that hes an ofcer de )ure, and that its NO$ suff that he be merely a de facto ofcer o the acts of a de facto ofcer as far as he himselfs concerned are void, and a de facto ofcer +AN$ )ustify his acts as bindin!/valid in any suit to w/c hes a p Reason" to discoura!e the sei4ure of pub ofces o $h ofcer himselfs bound to .now 2ON hes a le! ofcer and if he

33

attempts to exer the duties of an ofcer 2O auth, its reasonable to re*uire him to act at his peril 2) sA re the pub and -rd persons.DCR" $he acts of a de facto ofcer are valid as to >rd and the pub :til his title to ofc is ad)ud!ed insuff, and such ofcers auth may NO$ be collaterally attac.ed/in*uired into by > rd persons affected o practical effect of R" theres NO diff bet the acts of a de facto and de )rer ofcer so far as the pub and >rd are concerned >rd persons, fr the nature the case, +AN$ always investi!ate the rt of / assumin! to hold an impt ofc o they have a rt to assume that offs apparently *ualified and in ofc are le!ally such o L the de facto ofcers estopepd fr ta.in! adv of his own want of title

Pro ee$'ng# to tr* rt+t't)e of a $e fa to of er

title of a de facto and validity of his acts +AN$ be collaterally Aed in proceedin!s to w/c hes NO$ a p, or w/c 2&R&N$ instituted to det their validity, B?$ only in a dir proceedin! brou!ht to det the very A = o where its desired to try the tilte to the ofc, *uo warranots the remedy to be applied, ?N'&-- a sp stat remedys been substituted in its place o /1 the *uo warranto proceedin!s may be isnstituted only by the person who claims to be entitled to the ofc/by the Rep represented by the -olCen/a pub prosecutor 0Nueno v# An!eles =;1 o 51 An indiv who files *uo warranto proceedin!s must set forth the name of the person who claims to be entitled to the ofc and that of the whos unlawfully in possession thereof and those who claim to be entitled to the same ofe may be made ps to det their repsective rts to the ofc in the same axn an indiv +AN$ oust 5/more persons althou!h the latter are holdin! ille!ally their ofc ?N'&-- hes entitled to BO$6 of them o >1 A pub ofcers entitled to the basic constil rts of P of law and secu of tenure 0A>, -/, A@, -50>1 the law presumes, in protectin! such rts, that a person actin! in a pub ofc was re!ularly appointed/elected to it and that off dutys been re!ularly performed L the law specifically re*uires a sp civ axn of *uo waranto in the name of the Rep/in the name of the person claimin! rt/title to tpub ofc/pos 0Rosete v# +A @;1 be brou!ht v# a person ille!ally holdin! a pub ofc

concerned are void o only an ofcer de )ure can maintain an axn for comp 2) ..D/ who becomes a pub ofcer de facto w/o BB on his part, and who renders the servs re*d of the ofc, may recover the comp provided by law for such servs durin! the pd of their rendition, or retain the emoluments rcvd durin! that time 0Blores v# rilon1, or is le!ally entitled to the emoluments of the ofc 0&scano v# +A E81 o if payment of the salary/other comp be made by the !ovt, in CB, to the ofcer de facto, while hes still in possession of the ofc, the !ovt +AN$ be compelled to pay it a 5nd time to the ofcer de )ure where hes recovered the ofc, at least where the ofcer de facto held by color of title disbursin! ofcers char!ed w/ the payment of salaries have a rt to rely on the apparent title, and that the ofcer whos clothed w/ it as the ofcer de )ure, 2O in*uirin! O2N another / has the better rt 0Fechem1 R that a de facto ofcers entitled to rcv the salary for servs actually rendered O&-N$ apply where the ofcer 2A-N$ appointed B?$ merely desi!nated o desi! O&-N$ entail payment of addl benes/!rant on the person so desi!nated the rt to claim the salary attached to the pos 0 imaandal v# +OA @E1

Rt to o(pen#at'on of a $e fa to of er 1) 9+.DA de facto ofcer +AN$ maintain an axn to recover the salary, fees/other emoluments attached to the ofc, even thou!h hes performed ths duties thereof on the th that the acts of a de facto ofcer as far as he himself is
4 $itle of a de facto ofcer +AN$ be directly Aed in a proceedin! to obtain writ of prohi to prevent him fr doin! off acts# & to CR tha the title of a person assumin! to act as )ud!e +AN$ be Aed in a suit before hims !enerally reco!ni4ed in the case of sp )ud!e, and a p to an axn before a sp )ud!e may A his title to the ofc of the )ud!e in the proceedin! before him and that )ud!ment will be reversed on appeal, where the proper &s are ta.en, if the person assumin! to act as a sp )du!e ,-N$ a )ud!e de )ure 0$ay.o v# +apistrano 5E1

L'a"# of a $e fa to of er /1 CR" A de facto ofcers held to the same de! of accountability for off acts as a de )ure ofcer and +AN$ escape liab :cuase he 6A-N$ *ualified for failure to file a bond 51 2hile off acts of a de facto ofcer are valid and may be bindin! 2R$ > rd and the pub, the person so actin! may be liable for all penalties imposed by law for usurpin!/unlawfully holdin! of, or for exertin! the fxns thereof w/o lawful rt/w/o bein! *ualified accd! to law >1 CR" A pub ofcer +AN$ excuse his resp for crimes committed in his off cap by assertin! that he was an ofcer de facto =1 A rtful incumbent of a pub ofc may recover fr a de facto ofcer the salary rcved by the latter durin! the time of his wron!ful tenure, &H&N $6O?C6 he 0de facto ofer1 occupied the ofc in CB an under color of title o a de facto ofcer, NO$ havin! a !ood title, ta.es the salaries at his ris. and F?-$, thereore, acct to the de )ure ofcer for whatever salary he rcved durin! the pd of his wron!ful tenure o R" 2here theres a de )ure ofcer, a de facto ofcer, durin! his wron!ful incumbency, ,-N$ entitled to the emoluments attached to the ofc, &H&N if he occupied the ofc in CB 0CF, PPA v# Fonserate 851 R 2A-N$ applied e*ually in view of the peculiar circs of the case# Resp 0de )ure ofcer1 was held entitled ON'( to the bac.pay differentials pertainin! to the diff bet the salary rates of the positions of iv Fan 0her rtful ofc1 and Admin Ofc 0lower post to w/c she was appointed1 Pet 0de facto ofcer1 was held liable to pay the differentials correspondin! fr the time he wron!fully assumed the contested pos to the time of his retirement Chapter Fo!r

34

POWERS, DUTIES AND NORMS OF CONDUC TOF PUB OFCERS So!r e of po.er# an$ a!th of p!" of ?nder our potl sys, the entire source of pub !ovtal auths found in the ppl 0A5, -/1 o &ither directly/thru their chosen reps, they create such ofces nd a!encies as they deem to be desirable for the admin of pub fxns, and declare in what manner and by what persons they shall be exerd o $hey prescribe the *uantum of power to be attached to ea dept and the condis upon w/c its continuation depends o $heir will finds its expression in the +onsti and the law $he rt to be a pub ofcer/to exer the powers and auth of a pub ofc must find its source in some prov of the pub law 0Fechem1 A!th of p!" of er NOT pre#!(e$ A pub off exers power, NO$ rts o $he !ovts F&R&'( an a!ency thru w/c the will of the -tates expressed andd enforced o ,ts ofcers are a!ents entrusted w/ the resp of dischar!in! its fxns o $heres NO presum of such auth, express/implied ,n the absence of a valid !rant, pub ofcers are devoid of power o 2hat they do, suffers fr a fatal infirmity 0Hille!as v# -ubido ;@1 A!th of p!" of er an$ pr'- agent# $'#t'ng!'#he$ Priv a!ents % comm# to classify auths accd! to their nature and effect, into" univ, !en and sp a!encies o B?$ this classn +AN$ apply in its entirety to the case of pub a!ents ?niv auth in any pub a!ent +AN$ exist under our constil !ovt o B?$ there are pub ofcers whose auths !en in nature, while others is expressly limited and sp o Beyond this" the analo!ies bet pub and priv a!ents AR&N$ sufficiently close to ma.e the auth in / the criterion for that in the other 0Fechem1 A# erta'n(ent of a!th of p!" of er $he auth of the pub ofcer bein! created by law/bein! a matter of pub rec, of w/c every person interested is bound to ta.e notice, its presumed that all persons havin! occasion to deal w/ a pub ofcer have .nowled!e of his auth o NO$ enou!h for such persons to rely on any mere presum as to the ofcers auth, B?$ they must see to it that its, in fact, suff for the assumed purposes NO apparent auth in a pub ofcer whose duties are prescribed by law as thered be in the case of an a!ent for a priv party o Persons contractin! w/ the pub ofcer actin! under a pub law, must, at their peril, ascertain the scope of the ofcers auth and are char!eable w/ notice of the contents of the law conferrin! that auth o ON $6& O$6&R 6AN " every cit has the rt to assume that a pub ofcer char!ed by law w/ certain duties .nows his duties and perfs them in accodance w/ law and its repu!nant to )ust to penali4e a cit for CB reliance upon info officially !iven

S ope of po.er of a p!" of er Auth of a pub ofcer in any !iven case consists of those powers w/c are" o /# &xpressly conferred upon him by law under w/c hes been appointed/electedK o 5# &xpressly annexed to the ofc by the law w/c created it/some other law referrin! to itK or o ># Attached to the ofc as incidents to it 0Fechem1 CR" Powers and duties of pub ofcers are prescribed by the +onsti, statute/both o Pub ofcers have ON'( those powers expressly !ranted/necessarily implied by law o ,f broader powers are desirable, they must be conferred by the proper auth o $hey +AN$ merely be assumed by admin ofcers, NOR can they be created by the cts in the proper exer of their )ud fxns ,''?-$RA$,H& +A-&-" 12 Lo Cha( -2 O a(po 0/@=;1 A lay#er in the &/= #as temporarily detailed to assist the 'ity 7iscal of Mnla #$ the same po#ers and f4ns of an Asst 7iscal. 7acts! -/;E;, Revised Admin +ode" the -ec of 7ust may appoint any lawyer, either a subordinate fr his ofc/a competent person NO$ in pub serv, temporarily to assist a fiscal/prosecutin! atty in the dischar!e of his duties, and w/ the same auth/therein as mi!ht be exerd by the Atty Cen/the -olCen Pursuan to such, ', a dr of med and lawyer, actin! +hief, FedicoD'e! -ec in the O7, was temporarily detailed to assist the +ity Bisal of Fnla, w/ the same powers and fxns of an Asst Biscal, by the Actin! -ec of 7ust o 6e si!ned and filed the info in > cases at bar after conductin! the P, o s atty filed a motion to *uash due to his lac. of auth to si!n infos 8ssue! 6as ' the power to si!n infosJ Held! (&-# /1 "o#ers and f4ns of Asst 7iscal may be entrusted.D -i!nin! of complaints, ma.in! investi!s and conductin! prosecutions AR&N$ sacrosanct that ON'( Presdl appointees// expressly empowered by law may be permitted to assume such fxns o A lawyer invested w/ the same auth as an Atty Cen/-olCens presumed to be competent to be entrusted w/ any of the duties devolvin! on a prosecutin! atty, due to the hi!her stand of trainin! and exp re*d o &ven if he O&-N$ meas up to the educl specificaion imposed by law, this is beside the pt 2) cope of duties of a pub ofc.D $he duties of a pub ofc includes all those w/c truly are w/in its scope % those w/c are essential to the accomplishment of the main purpose for w/c the ofc was created, or w/c, althou!h incidental/collateral, are !ermane to and serve to promote the accomplishment of the prin purpose o sub) fxns are w/in inferences to be !athered fr the circs w/c prompted the passa!e of the law and its predecessors o its histl BC and construc of its precursors confirm this

35

-) ubj f4ns inherent in po#er to assist a prosecuting atty.D $he fact that it was the chief law ofcer and le! adviser of the !ovt who put it into effet in the dischar!e of his duties have an impt bearin! upon its stat mn! o sub) fxns are inherent in the power to assist a prosecutin! atty o its en!rained in the ofc/desi! itself o the powers of the -olCen bestowed on the appointee should be deemed to be in addn to the powers inherent to the apptment o if the 5 phrases meant the same thin!, / would be superflouous#

place NO$ authori4ed by laws ordinarily invalid o CR" applicable to all ofcers whose duties are essentially loc in nature &x# )ud!es, notaries pub and ofcers who attempt to levy on and sell land situated in dists O$6&R $6AN those in w/c they have 7 D!rat'on of a!th 1) &uration of term.Dthe auth of the pub ofcer must be limited in its exer to that term durin! w/c hes by law invested w/ the rts and duties of the ofc o CR" he can exer NO auth before his term be!ins/after its terminated 2) Chere ofcer chosen to act in ref to a parti subj.D the same prin applies where the ofcers / chosen for the perf of a sin!le act as when hes chosen for a def term o when chosen to act in ref to a parti sub), his powers exhaust themselves in the actin!, and havin! /ce acted, hes henceforth functus officio and can N&,$6&rRact a!ain in ref to the same sub) NOR undo what hes done 0Fechem1 Con#tr! of grant of po.er# express !rants of power to a pub ofcer are usu sub)ected to a strict interp and will be construed as conferrin! those powes ON'( w/c are expressly imposed/necessarily implied o such an ofcer $6&r&BOR&, can create rts v# the state/other pub auth represented by him, ON'( while hes .eepin! strictly w/in the limits of his auth as so construed C)a##n of po.er# an$ $!t'e# 1) 7r their nature.Dthe powers and duties of pub ofcers are, in !en" o a) Ministerial.Roff dutys ministerial when its absolute, certain and imperative involvin! merely exec of a spec duty arisin! fr fixed and desi!nated facts where the ofcer/off body has NO )ud power/discretion as to the interp of the law, and the course to be pursued is fixed by law, their acts are ministerial only ministerial act % / w/c a person perfs on a !iven statement of facts, and in a prescribed manner, in obedience to the mandate of le! auth, w/o ref to, or the exer of, his own )ud!ment upon the properity/impropriety of the act done 0'amb v# Phiipps /@/51 $6?-, its NO$ w/in thescope of the duties of a ministerial ofcer to pass upon the validity of laws, instrucs/proceedin!s prima facie valid, and re*uirin! his axn 6is ON'( duty in such case is obedience and he +AN$ excuse himself by unerta.in! to show the unconstility/other invalidity of the law, or the irre!ularity of the proceedin! 0Fechem1 o b) &iscretionary.Ddiscretionary/)ud duties are such as necessarily re*uire the exer of reason in the adaptation of means to an end, and discretion in detin! how/2ON the act shall be done/the course pursued discretion in the manner of the perf of an act arises when the act may be performed in / of 5/more ways, either of

42 Ra$'o Co((n# of the Ph')#, In -2 Sant'ago 0/@9=1 6he "ub erv 'omm (" ') imposed a fine on a radio co for failure to render serv e4pected of aradio operator. 7acts! $he P-+, actin! on complaints by dissatisfied customers of R+P,, penali4ed it w/ a fine o $he alle! of R+P, that the +omm as devoid o such competence is based on the express limitation in the Pub -erv Act 0+A /=;, /@;>1 expressly exemptin! radio cos fr thei 7, super, and cont of such body over their franchises, e*uip and other props 0A/>a1 & 2R$ to the fixin! of rates 0-/=1 -5/, par /" &ver pub serv violatin!/failin! to comply w/ the terms and condis of any cert/any orders, decisions/re!ns of the +om shall be sub) to a fine of NO$ exceedin! P588/day for every day durin! w/c such default/violn contisK and the +omms hereby authori4ed and empowered to impose such fine, after due notice and hearin!# 8ssue! ,s there anythin! in -5/ w/c empowers the p-+ to impose a fineJ Held! NON&# "o#er neither e4pressly nor impliedly granted.D ,n the face of theprov itself, its apparent that the Pub serv +omm lac.ed the re*d power to proceed v# pet# o & for constil offs who can trace their competence to act to the fund law itself, a pub off must locate in the stat relied upon a !rant of power before he can exer it o it need NO$ be express it may be implied fr the wordin! of the law o absent such re* thou!h, NO warrant exists for the assumption of auth o the act performed, if properly challen!ed, +AN$ meet the test of validity o it must be set aside Terr't )'('tat'on of a!th of p!" of er# 1) 2imited to territ #here la# has effect.Dthe auth of pub ofcers bein! derived fr the law, it necessarily ff that the auth +AN$ exist in places where the law has NO effect o the auth of all pub ofcer is, $6&R&BOR&, limited and confined to that territ over wc the law, by virtue of w/c they claim, has soverei!n force 2) A4n at a place %/6 authori@ed by la# ordinarily invalid.D 2here a pub ofcers authori4ed by law to perf the duties of his ofc at a parti place, axn at a

36

w/c would be lawful, and where its left to the will/)ud!ment of the performer to det in wc way itll be performed when the law commits to any ofcer the duty of l.in! into facts and actin! upon them, NO$ in a way w/c it specifically dirs, B?$ after a discretion in its nature )ud, the fxns *uasiD )ud 2) 7r the standpt of the oblig of the ofcer to perf his po#ers and duties.D $heyre denominated as" o a) Mandatory.Rpowers conferred on pub ofcers are !enerally construed as manda A'$6O?C6 the lan! may be permissive, where theyre for the bene of the pub/indivs $6?-, where the provs of a stat relatin! to pub ofcers are intended for the protn of the cit, and to prevent a sacrifice of his prop, and by a disre of such provs his rts mi!ht be and !enerally would be in)uriously affected, theyre NO$ directory B?$ manda 0$6?-, GmayM may be construed as GshallM or as imposin! an imperative duty1 o b) "ermissive.D-tat provs define the time and mode in w/c pub ofcers will dischar!e their duties, an those w/c are obviously desi!ned merely to secure order, uniformity, sys and dispatch in pub bus, are !enerally deemed directory mere authori4ation to perf an act O&-N$ impose a manda duty upon a pub off if the act O&N-$ affect >rd ps and ,-N$ clearly beneficial to the pub, permissive words 2ON$ be construed as manda -) 7r the standpt of the rel of the ofcer to his subordinates.D $he power may be either" o a) "o#er of cont.Rit implies the power of an ofcer to mana!e, dir/!overn, inc the power to alter/modify/set aside what a subordinate had done in the perf of his duties and to substi his )ud!ment for that of the latter an ofcer in cont lays down the Rs in the doin! of an act if hes NO$ ffed, its discretionary on his part to order the act undone/reDdone by his subordinate/he may even decide to do it himself ex# the Pres exers the power of cont over the mems of his +ab, who, in turn, and by his auth, exer cont of and super over, the bureaus and other ofces under their respective 7s in the exec dept 0A9, -/91 o b) "o#er of supervision.D-upervisory power, when contrasted w/ cont 0w/c includes the power to super1, is the power of mere oversi!ht over an inferior body it O&-N$ include any restrainin! auth over such body a supervisin! ofcer F&R&'( sees to it that the Rs are ffed, B?$ he himself O&-N$ lay down such Rs, NOR does he have the discretion to modify/replace them if the Rs AR&N$ observed, he may order the wor. done/redone to conform to the prescribed Rs he +AN$ prescribe his own manner for the doin! of the act ?nder the +onsti, the Pres has ON'( th power of super over all 'C?s

6e exers ON'( dele!ated le!is power over them 0A/8, -=1

M'n'#ter'a) an$ $'# ret'onar* po.er# $'#t'ng!'#he$ 1) %ature of act.D$he char of a duty as ministerial/discretionary must be detd by the nature of the act to be performed, and NO$ by the ofc of the performer o a similar Rs applied in detin! 2ON a fxns )ud, *uasi/ministerial o the duties are often blended in / ofcer o $6?-, a )ud ofcer may act in a ministerial cap, or a ministerial ofcer may exer discretionary/)ud fxns o +lassifyin! a persons acts a discretionary/ministerials often difficult, and the decision 2ON acts of a pub off are ministerial/discretioonarys detd by the facts of the parti case 2) .4er of discretion.Dthe .ey distinction bet these types of acts is 2ON the dutys manda/2ON the act complained of involves policy ma.in!/)ud!ment o a1 an acts NO$ discretionary if it involves enforcement/admin of a manda duty at the opal lev, &H&N if profl expert evalns re*d an acts NO$ necessarily ta.en out of the GministerialM class :cause the ofcer performin! its vested w/ a discretion respectin! the means/meth to be employed o b1 a ministerial acts / as to w/c NO$6,NCs left to the discretion of the person who must perf its a simple, def duty arisin! under condis admitted/proved to exist and imposed by law if the law imposes a duty upon a pub ofcer and !ives him the rt to decide how and when the duty shall be performed, the dutys discretionary and NO$ ministerial 0'amb v# Phipps1 -) 8llustrations.D o a1 the re! of deeds perfs BO$6 fxns of an admin char and fxns w/c are at least of a *uasiD)ud nature when a re!istrar of props actin! under the Fort 'aw 0Prop Re!n ec1, his duties are to a lar!e extent )ud B?$ in respect to the re!n of chattel mort, the duties of the re! of deeds are purely of a ministerial charK he has no )ud/A7 power to det the nature of the prop, whether real/pers, w/c is the sub) of the mort 6e should accept the *ualn of the prop adopted by the person presentin! the docu, and place it on rec upon payment of the fee $he efx of re!n will be detd, if such A arises, by the ct 0-tand Oil of N( v# 7aramillo /@5>1 o b1 the payment of salaries for w/c proper certs have been filed, showin! that the applicants entitled thereto, is a ministerial fxn 06uey v# Baldwin /@8>1 o c1 2R$ the ,ance of coc.pit licenses under a muni ordin, the duties of the mayor are partly ministerial and partly discretionary 6&N+&, mandamus 2O?' N$ lie to compel the , of such license 07oa*uin v# 6errera /@/E1 o d1 the duty of !rantin! construc permits by the +ity en!rs

37

discretionary w/c may NO$ be controlled by mandamus 0,nsular Fotors v# Carrido /@>@1 e1 the duty of a sheriff in enforcin! writs of exec is ministerial in natureK 6&N+&, its incumbent upon him to ensure that only that portion of the decision ordained/decreed in the dispositive part should be the sub) of exec $6?-, a sheriff who chose to pierce the veil of corp entity by enforcin! a writ of exec v# the owner/pres of the corp ,N-$&A of v# the corp to w/c it was directed, assumin! that theyre / and the same, usurped a power belon!in! to the ct A corp has a pers sep and distinct fr its indiv -6s and mems 0+ru4 v# alisay /@E91

Mng of $'# ret'on $he act/the lib to decide accd! to the prins of )ust and /s ideas of whats rt and proper under the circs, w/o willfulness/favor 0'amb v# Phipps1 ,ts a faculty conferred upon pub ofcers by law of actin! officially in certain circs, accd! to the dictates of their own )ud!ment and conscience, uncontrolled by the )ud!ment and conscience of others 0Blac.s 'aw ic1 E,er of $'# ret'on )'('te$ 2hen anythin!s left to any ofcer to be done accd! to his discretion, the law intends it to be done w/ a sound discretion and accd! to law 0+oombs v# -antos /@/>1 6&N+&, althou!h the terms of the law creatin! the auth confer upon the ofcer !en discretionary power w/o *ualns, his auths NO$ deemed to bean unlimited / o $he exer of the ofcers discretion is still iimited, by le! construc, to the evident purposes of the act, and to whats .nown as a sound and le! discretion, exc all arbit, capricious, in*uisitorial and oppressive proceedin!s 0Fechem1 o By such exer of discretion, an ofcer may decide a A either way, and thou!h mista.en, still be rt in the sense of bein! exempt fr liab ,''?-$RA$,H& +A-&-" 12 La(" -2 Ph'pp# 0/@551 Auditor failed and$or refused to 8 clearance to a pub ofcer #ho(s resigned. 7acts! Bor /5yrs, ' has faithfully served the Covt as soldier, provl treas of Farindu*ue, provl treas and super of Findoro, provl treas of 'a!una, and for the past = yrs, hes been the superintendent of the ,wahi! Penal +olony fr w/c, in acct of his health, ' voluntarily presented his resi!, w/c was reluctantly accepted o +overin! Far //, /@// 0date of clearance1D ec >/, /@// 0date of effective acceptane of 's resi!1, 's accted for all the prop and funds of the !ovt w/c have come to his possessionK and its NO$ claimed by the ,nsular Auditor that he hasnt done so o P refused to , clearance :cause of the dan!er of a probable suit, w/c mi!ht be filed by B v# the Covt o (&$ the le! recs of Ps ofc show that this same Bs si!ned the vouchers and the warrant of payment, ac.nowled!in! to have rcved

in full fr the Covt the amts w/c would be the foundation for this probable suit ,ts the le! duty of resp as auditor for the Covt to , an Auditors cert 0clearance1 to any ee/A of the Cot whos left the serv, when the recs of the ofc of the Auditor show that the accts of said ee/A are balanced and that said ee/As properly rendered an acct for all Covt prop and funds w/c have come into his possession durin! the time of his employment# 8ssue! 2ill mandamus compel the ,ance of a clearanceJ Held! NO# /1 &iscretion of 8nsular Auditor to allo#$disallo# claims v. the govt.D $he cts will ta.e 7 of a cause v# the Auditor for the Covt in a proper case, to compel axn on his part, when by reason of unnec delays in ta.in! any axn at all, persons have been deprived of a rt and have NO other ade*uate and speedy remedy in the ordin course of law o $he rt to allow/disallow a claim v# the Covt/any of its branches is, by law, w/in the discretion of the Auditor 2) .4haustion of admin remedy of appeal.D$he remedy, by appeal !iven under Act /9@5, to the a!!rieved p to the Cov Cen and -ec of 2ars another remedy and is speedy and ade*uate and exc o when the fin decision of a As by law left to the exec branch of the !ovt, the cts 2ON$ interfere :til the remedy in that branch has been exhausted and NO$ always there 42 Apr!e"a -2 /anAon 0/@;;1 'ity refused to allo# the opening of a cafeteria in the city mKt 7acts! Oct 5=, /@;8" P and F 0appellants1 filed w/ the +B, of ,loilo a pet for mandamus v# R, +ity Fayor of ,loilo, alle!in! that theyre owners and operators of a caf located in stall /9D+ of the +ity F.t since /@<8 to Oct /, /@;8 when R ordered his policemen to close it for alle!ed violn of a city ordin w/c prohis a person other than the lessee of a m.t stall fr conductin! bus therein o P and F" they have NO delin*uency in rentals and have complied w/ health Rs and re!ns and its the ministerial duty of R to allow them to operate the caf and refreshment parlor bus o R" 6is refusal to allow the openin! of the caf was in accordance w/ -/80m1, city charter" $he mayor shall have immediate control over the executive functions of the several departments of the +ity, and shall have the followin! !eneral duties and powers" $o !rant and refuse municipal licenses and to revo.e the same for violation of the conditions upon which they were !ranted, or if acts prohibited by law or municipal ordinance are bein! committed under the protection of such licenses or in the premises in which the business for which the same have been !ranted is carried out, or for any other !ood reason of !eneral interest# 8ssue! 6as the Fayor the discretion to refuse to allow the openin! of the caf in AJ Held! (&-# 1) &iscretion of city mayor to grant the continuance of privilege.D $he priv of P, etc to obtain a renewal of the permit 0after the implied lease contract expired1 rested on the sound discretion of the Fayor and refusal on his part to !rant continuance of the priv 0esp after Ps alle!ed violn of a city

38

ordin by allowin! another to operate bus in stall /9D+1 +AN$ be the sub) of mandamus o mandamus 2ON$ , to cont/rvw the exer of discretion by a pub ofcer hwehre the law imposes on him the rt of duty to exer )ud!ment in ref to any matter in w/c hes re*d to act 2) "riv al#ays subj to pol po#er.00 $he privile!e of operatin! a mar.et stall under license is always sub)ect to the police power of the city !overnment and may be refused or !ranted for reasons of public policy and sound public administration# o -uch privile!e is not absolute but revocable under an implied lease contract sub)ect to the !eneral welfare clause# -) +emedy of H of priv.DMandamus 8 %6 the proper remedy to enforce perf of contractual obligations o the remedy of P, etc is an axn for spec perf, if proper, based on contractual obli!ations

Re(e$* to o(pe) e,er of $!t* 2here a clear dutys imposed upon a pub off and an unnec and unreasonable delay in the exer of such duty occurs, the cts will intervene by the extraordin le! remedy of mandamus to compel axn ,f the dutys purely ministerial, the cts will re*uire spec axnK if purely discretionary, the cts, by mandamus, will re*uire axn only o &x# if a '+, pub ofc/board should, for an unreasonable len!th of time, fail to decide a parti A to the !reat detriment of all ps concerned, or a ct should refuse to ta.e 7 of a cause when the law clearly !ives it 7, mandamus will ,, in the /st case, to re*uire a decision, and in the 5 nd, to re*uire that 7 be ta.en of the cause 0'amb v# Phipps1 De)egat'on of $'# ret'onar* po.er# ,n those cases in w/c the proper exec of the ofc re*uires, on the part of the pub ofcer, the exer of )ud!ment/discretion, the presums that he was chosen :cause he was deemed fit and competent to exer that )ud!ment and discretion ?nless the power to substi another in his place has been !iven to him, a pub ofcer +AN$ dele!ate his duties to another 0Fechem1 ,''?-$RA$,H& +A-&" Torre# -2 R'"o 0/@=E1 6he asst dist engr and chief clerK represented the dist engr and the div superintendent of schs, respectively, in the provl 1oard of 'anvassers. 7acts! $he protestant, $, and the resp, R, were opposin! candidates for Provl Cov of 'eyte in the /@=9 elecs o As R, who was Provl Cov and 5 mems of the Provl Board were also candidates, they were dis*ualified to form part of the provl Board of +anvassers of w/c they were to be mems under -/<E of the Revised &lec +ode ++ON-&A?&N$'(, under -/<@, the +omelec appointed the div superintendent of schs, the dist en!r and the dist health ofcer to replace the dis*ualified mems, w/ advice that they mi!ht assume ofc upon receipt of their apptment# $he div superintendent of schs and the dist en!r were on the west coast of 'eyte and , N$ return to $acloban :til Nov 5= ,n the meantime, on Nov 55, the provl Board of +anvassers, w/ the asst dist en!r and chief cler. representi!in the dist en!r and the div superintendent of the schs, respectively, canvassed the votes and proclaimed R as CovDelect o $he board a!ain met w/ the dist en!r and the div superintendent of schs pres o $he board made a new canvass of the votes and proclaimed R elected to the ofc of Cov o $ filed a motion for protest w/c was dismissed for bein! filed out of time 8ssue! -hould the pd for filin! the protest be counted fr the 55 nd or fr the 5=th of NovJ Held! 1) Mems of provl board of canvassers designated by la#.D -/<E, Revised &lec

52 M'g!e) -2 C!)!eta 0/@;;1 6he name of the "rovl 1ldg #as substituted #$ the name N"res 9arcia Hall.O 7acts! Pursuant to a resoln approved by the provl board, Cov W ,ed 5 exec orders namin! the ,loilo provl!ovt bld! as GProvl +apitol of ,loiloM and the renovated session hall therein as GPres Carcia 6all#M o $he provl en!r, 6O2&H&R, in implementin! the orders, put up the si!n GPres Carcia 6allM on the faXade of the provl bld!, thus !ivin! the impression that said bld! was named as such RA /8<@ prohis the namin! of Gsitios, barrios, munis, cities, provs, sts, hi!hways, aves, brid!es an dother pub thorou!hfares, par.s, pla4as, pub bld!s, piers, !ovt aircrafts and vessels and other pub instis, after livin! persons o Fandamus proceedin!s were instituted by F to cause the erasure/removal of the si!n of the facade of the bld! and to place therein the name GProvl +apitol of ,loiloM 8ssue! Fay the Cov and the ist en! properly be compelled by mandamus to remove thesi!n in AJ Held! (&-# 1) +esps duty bound to observe and enforce the la#.D the puttin! of the si!n GPres Carcia 6allM on the fronta!e/faXade of the !ovt bld!s contrary to RA /8<@ 0althou!h the namin! of its session hall as GPres Carcia 6allM ,-N$1# o Resps are duty bound NO$ only to observe, B?$ even to enforce the law o $hey may, $6?-, properly be compelled by mandamus to remove/rectify an unlawful act if to do sos w/in their off competence, at the instance of a $P 2) A 1 of pub rt and enforcement of leg duty.00 As established by the preponderance of authority, where the *uestion is one of public ri!ht and the ob)ect of the mandamus is to procure the enforcement of a public duty which, in this case, is the observance of the law, the relator need not show that he has any le!al or special interest in the result of the proceedin!# o ,t is sufficient that he is interested as a citi4en in havin! the laws executed and the duty in *uestion enforced, even thou!h he may have no exclusive ri!ht or interest to be protected#

39

+ode desi!nates the ofcers who are to comprise the provl board of canvassers, and -/<@ enumerates the ofcers to be appointed substi mems by the +omelec in case of the absence/incap of any of the mems named in the precedin! sec o $heyre" the div superintendent of schs, the dist en!r, the dist health ofcer, the re! of deeds, the cler. of the +B, and the )ust of the peace of the provl capitol 2) Apptment of substi mem %/6 allo#ed.D $his express enum excludes other ofcers o .4pressio unius est e4clusio alterius o NO$ even the +omelec may lawfully appoint any person/ofcer outside of the those mentioned o Fuch less may any/ other than these ofcers acts as mem of the Provl board of +anvassers by dele! of a substi mem, or of his own volition o $he apptment of a substi mems pers and restricted and his powers must be performed by him directly and in person -) &iscretionary po#er not delegable.D An ofcer, to whom a discretions entrusted +AN$ dele!ate it to another o the powers of the board AR&N$ purely ministerial o it exers A7 fxns, such as the fxn and duty to det 2ON the papers transmitted to them are !enuine elec returns si!ned by the proper ofcers#

Rat'f' at'on of !na!thor'Ae$ a t# /1 Althou!h the act of a pub ofcer may NO$ be bindin! on the state :cause hes exerd his powers defectively, his acts may be ratified o a1 the doctrine of ratification O&-N$ apply where theres a want of power in the pub ofcer to perf the ori! act an act w/c was absolutely void at the time it wa done +AN$ be ratified if the prin himself +O?' N$ lawfully have done the act, or if it +O?' N$ have lawfully been done by any /, NO subse*uent ratification/confirmation can !ive it force/effectK o b1 if, 6O2&H&R, the act was merely voidable, it can be rendered valid 0Fechem1 51 ,n the absence of ratification, the -tates NO$ estopped by the unauthori4ed/ille! acts of its As >1 2here superior ofcers have auth to ratify the acts of their inferiors, theyre restricted to the ratification of acts and contracts w/c they themselves are empowered to ma.e D!$ r-. of off a t# 1) Chere act involves e4er of discretionary po#er.D 2here a stat !ives a discretionary power to an ofcer to be exerd by him upon his own opin of certain facts, hes the -O'& and exc )ud!e of the existence of those facts 0Barcelona v# Ba.er /@8;1 o $6?-, CR" the )ud 2ON$ interfere w/ exec ofcers in the perf of duties w/c are discretionary in their nature/involve the exer of )ud!ment o &ven where a ct, in the exer of its 7, rvw the discretionary act of a pub ofcer, the deicision of the ofcer 2ON$ be disturbed in the absence of a showin! of an abuse of discretion/an arbit decisioin, or such fraud/corruption as vitiates the axn ta.en 2) Chere act involves perf of purely ministerial duty.D 6O2&H&R, when a plain off duty, purely ministerial, re*uirin! NO exer of discretion, is to be performed, and perf is refused, any person wholl sustain pers in) by such refusal may have a mandamus to compel its perfK and when such dutys threatened to be violated by some pos off act, any person wholl sustain pers in) thereby, for w/c ade*uate comp +AN$ be had at law, may have an in)unction to prevent it -) Chere act rv#ed done #$o =.D ,f the exec ofcer O&-N$ have 7 of the matter before him, interference by the cts by in)unction/mandamus O&-N$ amt to an interference w/ his le! discretion o the cts AR&N$ bound by an ofcers interp of the law under w/c he presumes to act o while he may construe the law for himself in the / st instance, its for the cts to finally det O2N a pub ofcer acted w/in the scope of his auth o the fxns and resps of pub ofcers enshrined in the +onsti AR&N$ mere rhetorical words to be ta.en as idealistic sentiments B?$ as wor.in! stands and attainable !oals that should be matched w/ actual deeds Nor(# of on$! t of p!" off# an$ ee# 1) "ub ofc is a pub trust.D the +onsti stresses adherence otht eprin in the prov"

De)egat'on of ('n'#ter'a) po.er# 2here an acts purely of a mechl exec/ministerial in nature, a diff R applies o ,t can ordinarily ma.e NO diff to any/ by whom the mere phys acts performed when its perf has been !uided by the )ud!ment/discretion of the person chosen o R" $he perf of duties of this nature may, unless expressly prohibited, be properly dele!ated to another o $6?-, a ministerial act w/c may be lawfully done by another ofcer may be performed by him thru any deputy/A lawfully created/appointed 0Rev Adm +doe, -=1 2here, 6O2&H&R, the law expressly re*uires the act to be performed by the ofcer in person, it +AN$, thou!h ministerial, be dele!ated to another 0Fechem1 T'(e to perf off a t# 1) Chere %/ time stated in statute.D 2here a stats silent 2R$ the time w/in w/c an off act must be performed, the law contemplates that the duty must be performd w/in a reasonable time 2) Chere time stated in stat.R,n the absence of lan! forbiddin! a pub ofcer fr performin! an act at other than the time stated in a stat, the time pd expressed is to be construed as directory and NO$ manda, ?N'&-- the nature of the act to be performed/the lan! used in the stat evidences an intention to limit the power of the ofcer o provs of this .ind AR&N$ re!arded as manda ?N'&-- accompanied by ne!ative words importin! that the acts -6AN$ be done in any other manner/time than that desi!nated/where a disre of its provs would in)uriously affect a pub int/pub rt

40

AR$,+'& Q, % A++O?N$AB,',$( OB P?B',+ OBB,+&RSe t'on 1# Public office is a public trust# Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, inte!rity, loyalty, and efficiencyK act with patriotism and )ustice, and lead modest lives# 2) tands of "ers 'onduct.D

provide information of their policies and procedures in clear and understandable lan!ua!e, ensure openness of information, public consultations and hearin!s whenever appropriate, encoura!e su!!estions, simplify and systemati4e policy, rules and procedures, avoid red tape and develop an understandin! and appreciation of the socioDeconomic conditions prevailin! in the country, especially in the depressed rural and urban areas# (f) %ationalism and patriotism. D Public officials and employees shall at all times be loyal to the Republic and to the Bilipino people, promote the use of locally produced !oods, resources and technolo!y and encoura!e appreciation and pride of country and people# $hey shall endeavor to maintain and defend Philippine soverei!nty a!ainst forei!n intrusion# (g) 'ommitment to democracy. D Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military# $hey shall at all times uphold the +onstitution and put loyalty to country above loyalty to persons or party# (h) imple living. D Public officials and employees and their families shall lead modest lives appropriate to their positions and income# $hey shall not indul!e in extrava!ant or ostentatious display of wealth in any form# (&uties of the ' ') 0B1 $he +ivil -ervice +ommission shall adopt positive measures to promote 0/1 observance of these standards includin! the dissemination of information pro!rams and wor.shops authori4in! merit increases beyond re!ular pro!ression steps, to a limited number of employees reco!ni4ed by their office collea!ues to be outstandin! in their observance of ethical standardsK and 051 continuin! research and experimentation on measures which provide positive motivation to public officials and employees in raisin! the !eneral level of observance of these standards# S*# of 'n ent'-e# an$ re.ar$# established by the +ode to motivate and inspire pub servants to uphold the hi!hest stands of ethics RA ;9/>, -;K ,R, RH, -/D; R!)e % In ent'-e an$ Re.ar$# S*#te( Se t'on 1# ,ncentives and rewards shall be !ranted officials and employees who have demonstrated exemplary service and conduct on the basis of their observance of the norms of conduct laid down in -ection = of the +ode namely" 1) 'riteria Se t'on 4# $he followin! criteria shall be considered in the conferment of awards" 0a1 (ears of serviceK 0b1 Auality and consistency of performanceK 0c1 Obscurity of the positionK

RA ;9/> +O & OB +ON ?+$ AN &$6,+A' -$AN AR - BOR P?B',+ OBB,+,A'- AN &FP'O(&&- 0Bebruary 58, /@E@1 Se t'on 42 &eclaration of "olicies. D ,t is the policy of the -tate to promote a hi!h standard of ethics in public service# Public officials and employees shall at all times be accountable to the people and shall dischar!e their duties with utmost responsibility, inte!rity, competence, and loyalty, act with patriotism and )ustice, lead modest lives, and uphold public interest over personal interest# Se t'on =2 %orms of 'onduct of "ublic /fficials and .mployees. D 0A1 &very public official and employee shall observe the followin! as standards of personal conduct in the dischar!e and execution of official duties" (a) 'ommitment to public interest. D Public officials and employees shall always uphold the public interest over and above personal interest# All !overnment resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wasta!e in public funds and revenues# (b) "rofessionalism. D Public officials and employees shall perform and dischar!e their duties with the hi!hest de!ree of excellence, professionalism, intelli!ence and s.ill# $hey shall enter public service with utmost devotion and dedication to duty# $hey shall endeavor to discoura!e wron! perceptions of their roles as dispensers or peddlers of undue patrona!e# (c) =ustness and sincerity. D Public officials and employees shall remain true to the people at all times# $hey must act with )ustness and sincerity and shall not discriminate a!ainst anyone, especially the poor and the underprivile!ed# $hey shall at all times respect the ri!hts of others, and shall refrain from doin! acts contrary to law, !ood morals, !ood customs, public policy, public order, public safety and public interest# $hey shall not dispense or extend undue favors on account of their office to their relatives whether by consan!uinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs# (d) "olitical neutrality. D Public officials and employees shall provide service to everyone without unfair discrimination and re!ardless of party affiliation or preference# (e) +esponsiveness to the public. D Public officials and employees shall extend prompt, courteous, and ade*uate service to the public# ?nless otherwise provided by law or when re*uired by the public interest, public officials and employees shall

41

0d1 'evel of salaryK 0e1 ?ni*ue and exemplary *uality of achievementK 0f1 Ris. or temptation inherent in the wor.K and 0!1 Any similar circumstances or considerations in favor of the particular awardee# 2) 7orms of incentives and re#ards Se t'on 5# ,ncentives and rewards to !overnment officials and employees of the year may ta.e the form of any of the followin!, as may be determined by the +ommittee on Awards established under the +ode" 0a1 BonusesK or 0b1 +itationsK or 0c1 irectorships in !overnmentDowned or controlled corporationsK or 0d1 'ocal and forei!n scholarship !rantsK or 0e1 Paid vacationsK and 0f 1 Automatic promotion to the next hi!her position suitable to his *ualifications and with commensurate salaryK provided, that if there is no next hi!her position or it is not vacant, said position shall be included in the next bud!et of the officeK except when the creation of a new position will result in distortion in the or!ani4ational structure of the department, office or a!ency# 2here there is no next hi!her position immediately available, a salary increase e*uivalent to the next hi!her position shall be !iven and incorporated in the base pay# 2hen a new position is created, that which is vacated shall be deemed abolished# $he !rants of awards shall be !overned by the merit and fitness principle# -) 'ommittee on A#ards Se t'on =# 0a1 $he system shall be administered by a +ommittee on Awards for Outstandin! Public Officials and &mployees composed of" 0/1 051 0>1 0=1 Ombudsman +oD+hairman +hairman +-+ +oD+hairman +hairman +OA Fember $wo 051 Covernment Fembers &mployees to be Appointed By the President

5) ecretariat Se t'on <#$he +ivil -ervice +ommission shall provide secretariat services to the +ommittee# Se t'on 6# Nothin! herein provided shall inhibit any department, office or a!ency from institutin! its own rewards pro!ram in addition to those provided by, but not inconsistent with these Rules# 0Any dept, etc may insti its own rewards pro! in addn to those above#1 D!t'e# of p!" of er# a# tr!#tee# for the p!" 1) 8n gen.DCR" $he obli! of a pub ofcer O&-N$ include ris.in!/!ivin! his life/incurrin! perma disablement B?$ the duty to !ive life/to ris. perma disablement doest at times arise in the oife of an ofcer/ee of the -tate, as it arises at times in the lives of priv indivs B?$ when it does arise, its somethin! diff fr a mere le! duty o ,t rests upon a hi!her plane ,ts bottomed on the sacrifice nec for the safety and happiness of hum soc, and the need of this sacrifice is increased in the case of ofcers appointed to preserve peace and enforce the laws o a) &uty to obey the la#.D,ts the duty of an ofcer to obey the !en laws an the laws w/c prescribe the duties of his ofc, and a pub ofcer has NO power to vary/waive any stat law -+" all the ofcers of the !ovt fr the hi!hest to he lowerst are creatures of the law and bound to obey it CR, sub) to certain &s" A pub ofcer must obey a law found in the stat b.s :til its constilitys )uridically passed upon in a proper proceedin! o b) &uty to accept and conti in ofc.D ,ts the duty of every person havin! the re* *ualns, when elected/appointed to a pub ofc, to accept it the th that the pub has the rt to command the servs of any cit in any off pos w/c it may desi!nate where a le! duty rests upon a person elected/appointed to a pub ofc to accept the same, mandamus may be invo.ed to compel such acceptance an attempt to resi!n fr an ofc O&-N$ relieve an ofcer fr the obli! of performin! his duties, at least :til a successors appointed o c) &uty to accept burden of ofc.D / who accepts a pub ofc does so cum onere/w/ the burden, and is considered as acceptin! its burdens and obli!ations w/ its benes sub)s himself to all constil and le!is provs relatin! thereto and underta.es to perf all the duties of the ofc, and while he remains in such ofc, the pub has the rt t o demand that he perfs such duties o d) &uty as to dil and care.Devery pub ofcers bound to use reasonable s.ill and dil in the perf of his off duties, particularly where rts of indivs may be )eopardi4ed by his ne!lect !ovt ees are re*d to devote their complete servs and undivided attention to !ovt serv durin! wor.in! hrs pub funds and prop for off use and purpose shall be utili4ed

0b1 Bor this purpose, the +ommittee shall perform the followin! functions and responsibilities" 0/1 +onduct a periodic, continuin! review of performance of officials and employees in all department, offices and a!enciesK 051 &stablish a system of annual incentives and rewards to the end that due reco!nition is !iven to officials and employees of outstandin! merit on the basis of standards set forth in -ection 5, Rule H hereofK 0>1 etermine the form of rewards to be !rantedK

0=1 Bormulate and adopt its own rules to !overn the conduct of its activities, which shall include !uidelines for evaluatin! nominees, the mechanism for reco!ni4in! the awardees in public ceremonies and the creation of subDcommitteesK ,n the evaluation of nominees, the +ommittee may be assisted by technical experts selected from the !overnment and the private sectors#

42

w/ the dil of a CBOB 0,R, RH,, -E1 e) &uties in choice and super of subordinates.D ,ts the duty of a pub ofcer havin! an appointin! power to ma.e the best available apptment the de! of care re*d in selectin! subordinates must depend upon the nature of the wor. to be performed and the circs of ea case an ofcer char!ed w/ the super of subordinates has the duty to properly instruct them and to exer ordin care to see that they properly perf their duties 2) .thical duties.D&very pub ofcers bound to perf the duties of his ofc honestly, faithfully and to the best of his abil, in such a manner as to be above suspicion of irre!ularities, an to act primarily for the bene of the pub o an attempt to exer those powers corruptlyRas under the inf of bribery/in BBRfor some improper purpose is null and void o a pub ofcer owes an undivided duty to the pub whom he serves and ,-N$ permitted to place himself in a pos thatll sub) him to conflictin! duties/cause him to act other than for the bes int of the pub o pub policy demands that an ofc holder dischar!e his duties w/undivided loyalty o a) &uty as to outside activities.D ,ts the duty of the pub ofcers to refrain fr outside activities w/c interfere w/ the proper dischar!e of their duties w/in reasonable limits, sub) to the limitation that it may NO$ abrid!e any mans constil rts, +on! has the power to ascertain and declare what activities are inconsistent w/ the proper perf of pub duties o b) &uty #here pers int is involved.D A pub ofer owes an undivided duty to the pub whom he serves and ,-N$ permitted to place himself in a pos w/c will sub) him to conflictin! duties/expose him to the temptation of actin! in any manner O$6&R than in the best ints oht epub a pub off may NO$ use his off power to further his own int / of ht emost familiar applis of this doctrine" R w/c prevents an ofcer fr havin! in adverse int in any contract w/c he executes on behalf of the pub o

Se t'on 172 A public officer or employee shall, upon assumption of office and as often thereafter as may be re*uired by law, submit a declaration under oath of his assets, liabilities, and net worth# ,n the case of the President, the HiceDPresident, the Fembers of the +abinet, the +on!ress, the -upreme +ourt, the +onstitutional +ommissions and other constitutional offices, and officers of the armed forces with !eneral or fla! ran., the declaration shall be disclosed to the public in the manner provided by law# fin disclosure laws have been challen!ed on constil !rounds B?$ since the +onsti re*uires the disclosure, it doesnt infrin!e upon any of the constil rts of a pub ofcer/ee

D!t* to (aEe f'n $'# )o#!re to maintain pub confid in !ovt and pub offs and ees, to avoid conflicts of int fr arisin!, to deter corruption and to provide the cts w/ info concernin! a pub ofcers fin affairs o and $6?- enable them to better )ud!e his inte! and fitness for ofc, o the +Onsti re*uires fin disclosures on the part of all !ovt personnel AR$,+'& H, % $6& '&C,-'A$,H& &PAR$F&N$ Se t'on 14# All Fembers of the -enate and the 6ouse of Representatives shall, upon assumption of office, ma.e a full disclosure of their financial and business interests# $hey shall notify the 6ouse concerned of a potential conflict of interest that may arise from the filin! of a proposed le!islation of which they are authors# AR$,+'& Q, % A++O?N$AB,',$( OB P?B',+ OBB,+&R-

,''?-$RA$,H& +A-&" Morfe -2 M!t! 0/@;E1 6he constility of the leg re3t on govt offs and ees to submit s#orn dec of fin condis, assets and liabs is Aed. 7acts! -9, AntiDCraft and +orrupt Pracs Act of /@;8 0RA >8/@1 re*uires periodical submission of sworn statements on their fin condis, assets and ilabs 0includin! fam income, expenses and taxes1 of !ovt offs and eesR/ce every other yrRafter submittin! the same w/in >8d after assumtion of ofc o F challen!ed its constility in a declaratory proceedin!" ,ts violative of PK an oppressive exer of pol powerK an unlawful invasion of the rt to privacyK an unreasonable search and sei4ureK violative of the prohi v# selfDincriminationK and an insult to the pers inte! of !ovt offsK and that it was unnec since the ,$ and tax census laws re*uire statements w/c can det unexplained wealth Resp &xec -ec" By acceptin! a pub pos, a !ovt off assumes the obli! to !ive info abt his pers affair and it merely adopts a reasonable meas of insurin! the !en welfare and $6?- is a le!it exer of pol power 8ssue! ,s said law violative of the +onstiJ Held! NO# $here was absence of evid to rebut the presum of validity o ,n the absence of actual foundation 0as when decided purely on the pleadin!s and stip of facs1, the presum of validity must prevail# 1) 6he aim of the statute(s to curtail/minimi4e the opps of corruption and maintain the stand of honesty in pub serv, and to promote morality in pub admin o $6?-, its aims the pub !oodK $6?-K theres NO invasion of lib protected by the P clause o $his exer of pol power must be valid o Pol powers the power to pomote the !en welfare and pub int 0health, morals, safety, etc1 o ,ts the power of the soverei!ntyRthe power to !overn thin!s and persons w/in the limits of its dominion o ,ts that inherent and plenary power of the state w/c enables it to prohi all thin!s hurtful to the comfort, safety and welfare of soc 2) 6he &" re3t need to be observed for an exer of pol power to be valid o a pub off claimin! to be adversely affected by a statute enacted under the pol power can rely on the P clause if /s deprived of prop/lib

43

a pub ofc is a pub trust, and NO$ prop, B?$ / can invo.e P fr the standpt of secu of tenure o before / may be removed, procedural P must be complied w/ 0/ must be heard and !iven opp to defend /self1, and that the cause of removal be a cause specified by law o secu of tenure, in that limited sense, is analo!ous to prop o the stand of P is freedom fr arbitrarinessRreasonableness o +AB" Civen the harsh realities of pub serv w/ its temptation to heed the call of !reed and avarice, there was PK theres NO unconstil exer of pol power >1 'ib includes the rt to privacy since this is the most valued rt o if / surrenders his will to others, he becomes NO$ a master of his own selfRhe ceases to be free o rt to privacys a le!it rt of many 4onesK it deserves constil protn apart f the rt to lib 0as seen fr constil provs dealin! on such1 o in the sys of limited !ovt li.e ours, the priv sector an pub sector are distin!uishedRpub sector 3 sub) to state cont o the re*t of sub)ectin! pub ofcers to further compulsory revelation of his assets and liabs has a rational rel w/ the statutes ob)ective o $6?-, theres NO unconstil intrusion into what otherwise would be a priv sphere =1 $he rt v. unreasonabl search and sei@ure ,-N$ violated sicne these rts !uaranteed by the +onsti are delimited to safe!uardin! the sanctity of the domicile and the privacy of commns and correspondence <1 $he self0incrimination guarantee(s NO$ violated since this only see.s to prevent comp disclosure of incriminatin! facts o $6?-, there should be an existence of actual casesRcrim, civ/admin o PR,OR to such a sta!e, theres NO pressin! need to pass upon the validity of the fear ;1 ,t +AN$ be nullified on the alle! that it constis an insult to pub offs :cause the ct +AN$ R on the #isdom of the legis due to the sepn of powers o

documents must be processed and completed within a reasonable time from the preparation thereof and must contain, as far as practicable, not more than three 0>1 si!natories therein# ,n the absence of duly authori4ed si!natories, the official nextDinDran. or officer in char!e shall si!n for and in their behalf# (5) Act immediately on the publicPs personal transactions. D All public officials and employees must attend to anyone who wants to avail himself of the services of their offices and must, at all times, act promptly and expeditiously# ,n depts#, oces/a!encies that are usually swamped w/ persons callin! for a parti type of serv, the head of the dept, ofc/a!ency shall device a mech so as to avoid lon! *uees, such as by !ivin! ea person a tic.et no duly countersi!ned w/c shall specify the time and the date when the person, whose name and add shall be indicated, can be served w/o delay# -aid person shall have the rt to prompt serv upon presn of said tic.et no# (<) MaKe documents accessible to the public. D All public documents must be made accessible to, and readily available for inspection by, the public within reasonable wor.in! hours# 0L ,R, RH,, -5, 9, E1 A,n# on re3!e#t# an$ pet# 0RA ;9/>, ,R1 R!)e %I D!t'e# of P!")' Off' 'a)# an$ E(p)o*ee# Se t'on 1# As a !eneral rule, when a re*uest or petition, whether written or verbal, can be disposed of promptly and expeditiously the official and employee in char!e to whom the same is presented shall do so immediately, without discrimination, and in no case beyond fifteen 0/<1 wor.in! days from receipt of the re*uest or petition# Se t'on 5# ,n case of written re*uests, petitions or motions, sent by means of letters, tele!rams, or the li.e, the official or employee in char!e shall act on the same within fifteen 0/<1 wor.in! days from receipt thereof, provided that" 0a1 ,f the communication is within the )urisdiction of the office or a!ency, the official and employee must" 0/1 2rite a note or letter of ac.nowled!ement where the matter is merely routinary or the action desired may be acted upon in the ordinary course of business of the department, office or a!ency, specifyin! the date when the matter will be disposed of and the name of the official or employee in char!e thereof# 051 2here the matter is nonDroutinary or the issues involved are not simple or ordinary, write a note or letter of ac.nowled!ement, informin! the interested party, petitioner or correspondent of the action to be ta.en or when such re*uests, petitions or motions can be acted upon# 2here there is a need to submit additional information, re*uirements, or documents, the note or letter of ac.nowled!ement shall so state, specifyin! a reasonable period of time within which they should be submitted, and the name of the particular official or employee in char!e thereof#

Spe $!t'e# of p!" off# an$ ee# RA 6715, Se t'on <2 &uties of "ublic /fficials and .mployees. D ,n the performance of their duties, all public officials and employees are under obli!ation to" (1) Act promptly on letters and re3uests. D All public officials and employees shall, within fifteen 0/<1 wor.in! days from receipt thereof, respond to letters, tele!rams or other means of communications sent by the public# $he reply must contain the action ta.en on the re*uest# (2) ubmit annual performance reports. D All heads or other responsible officers of offices and a!encies of the !overnment and of !overnmentDowned or controlled corporations shall, within fortyDfive 0=<1 wor.in! days from the end of the year, render a full and complete report of perf and accomplishments, as prescribed by existin! Rs and re!ns of the a!ency/ofc/corp concerned# -uch report shall be open and available to the public within re!ular office hours# Another rpt of compliance w/ the provs of the +ode an the ,R whall be prepared and submitted to the +-+# $he +omm may re*uire offs to provide addl info/furnish docus, if nec# (-) "rocess documents and papers e4peditiously. D All official papers and

44

2hen all the documents or re*uirements have been submitted to the satisfaction of the department or office or a!ency concerned, the particular official or employee in char!e shall inform the interested party, petitioner, or correspondent of the action to be ta.en and when such action or disposition can be expected, barrin! unforeseen circumstances# 0b1 ,f communication is outside its )urisdiction, the official or employee must" 0/1 Refer the letter, petition, tele!ram, or verbal re*uest to the proper department, office or a!ency# 051 Ac.nowled!e the communication by means of a note or letter, informin! the interested party, petitioner, correspondent of the action ta.en and attachin! a copy of the letter of the letter of referral to the proper department, office or a!ency# $he department, office or a!ency to which the letter, petition, tele!ram or verbal re*uest was referred for appropriate action must ta.e action in accordance with the letter# $he period of fifteen 0/<1 wor.in! days herein provided shall be counted from the date of receipt of the written or verbal communication by the department, office or a!ency concerned# Pro e##'ng of paper# an$ $o !# Se t'on =# All official papers and documents must be processed and completed within a reasonable time from the preparation thereof# Reasonable time shall be determined in accordance with the followin! rules" 0/1 2hen the law or the applicable rule issued in accordance therewith prescribes a period within which a decision is to be rendered or an action ta.en, the same shall be followedK 051 2hen the law or the applicable rule issued in accordance therewith does not prescribe a period, the head of department, office or a!ency shall issue rules and re!ulations prescribin!, amon! other thin!s, what is reasonable time, ta.in! into account the followin! factors" 0a1 Nature, simplicity or complexity of the sub)ect matter of the official papers of documents processed by said department, office or a!ency# 0b1 +ompleteness or inade*uacy of re*uirements or of data and information necessary for decision or actionK 0c1 'ac. of resources caused by circumstances beyond the control of the department, office or a!ency or official or employee concernedK 0d1 'e!al constraints such as restrainin! orders and in)unctions issued by proper )udicial, *uasiD)udicial or administrative authoritiesK and 0e1 Bault, failure or ne!li!ence of the party concerned which renders decision or action not possible or prematureK and

0f1 Bortuitous events or force ma)eure# S'gn'ng of an* .r'tten a,n+$e '#'on R!)e %I D!t'e# of P!")' Off' 'a)# an$ E(p)o*ee# Se t'on <# &xcept as otherwise provided by law or re!ulation, and as far as practicable, any written action or decision must contain not more than three 0>1 initials or si!natures# ,n the absence of the duly authori4ed si!natory, the official nextDinDran. or officerDinDchar!e or the person duly authori4ed shall si!n for and in his behalf# $he head of department, office or a!ency shall prescribe, throu!h and appropriate office order, the rules on the proper authority to si!n in the absence of the re!ular si!natory, as follows" 0/1 ,f there is only one official next in ran., he shall automatically be the si!natoryK 051 ,f there are two ore more officials next in ran., the appropriate office order shall prescribe the order of priority amon! the officials next in ran. within the same or!ani4ational unitK or 0>1 ,f there is no official next in ran. present and available, the head of department, office or a!ency shall desi!nate an officerDinDchar!e from amon! those next lower in ran. in the same or!ani4ational unit# P!" $'# )o#!re of #tate(ent# of a##et# an$ )'a"# Se t'on :2 tatements and &isclosure. D Public officials and employees have an obli!ation to accomplish and submit declarations under oath of, and the public has the ri!ht to .now, their assets, liabilities, net worth and financial and business interests includin! those of their spouses and of unmarried children under ei!hteen 0/E1 years of a!e livin! in their households# (1) tatements of Assets and 2iabilities and 7inancial &isclosure. D All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary wor.ers, shall file under oath their -tatement of Assets, 'iabilities and Net 2orth and a isclosure of Business ,nterests and Binancial +onnections and those of their spouses and unmarried children under ei!hteen 0/E1 years of a!e livin! in their households# 6usb and wife who are both pub offs/ees may file the re*d statements )ointly/separately# (a) 'ontents.D$he two documents shall contain information on the followin!" 0/1 real property, its improvements, ac*uisition costs, assessed value and current fair mar.et valueK 051 personal property and ac*uisition costK 0>1 all other assets such as investments, cash on hand or in ban.s,

45

stoc.s, bonds, and the li.eK 0=1 fin liabilities, both current and lon! termK andK 0<1 all business interests and financial connections, whether as proprietor, investor, promoter, -6, ofcer, mn!in! dir, c, lawyer, le! consultant/adviser, fin/bus consultant, acctant, auditor and the li.e, the names and old adds of the bus enterprises/entities, the dates when such ints/connections were established, and such other details as will show the nature of the itns/connections# (b) Chen to file.D$he documents must be filed" 0/1 within thirty 0>81 days after assumption of office, statements of w/c must be rec.oned as of his /st day of servK 051 on or before April >8, of every year thereafter, statement sof w/c must be rec.oned as of the end of the precedin! yrK and 0>1 within thirty 0>81 days after separation from the service, statements of w/c must be rec.oned as of his last day in ofc# (c) Chere to file.D$he 5 docus shall be filed by" 0/1 Pres, HP and +onstitutional Offs, with the national office of the OmbudsmanK 051 -enators and +on!ressmen, with the -ecretaries of the -enate and the 6ouse of Representatives, respectivelyK 7ustices, with the +ler. of +ourt of the -upreme +ourtK 7ud!es, with the +ourt AdministratorK and all national executive officials, such as mems of the +ab, ?ndersecs, and Asst -ecs, inc the forei!n serv and heads of CO++s w/ ori! charters and their subsidiaries and state colls and univs, with the Office of the President# 0>1 Re!ional and local officials and employees, both appointive and elective, inc other offs and ees of CO++s and their subsidiaries, with the eputy Ombudsman in their respective re!ionsK 0=1 Officers of the armed forces from the ran. of colonel or naval captain, with the Office of the President, and those below said ran.s, with the eputy Ombudsman in their respective re!ionsK and 0<1 All other public officials and employees, defined in Republic Act No# >8/@, as amended, with the +ivil -ervice +ommission# (d) Auth in favor of /mbudsman.D All pub offs and ees re*d to file the aforestated docus shall also execute, w/in >8days fr the date of their assumption of ofc, the nec auth in favor of the Ombudsman to obtain fr all appropriate !ovt a!encies, inc the B,R, such docus as may show their assets, liabs, net worth and also their bus ints and fin connections in previous yrs, inc, if possible, the yr when they / st assumed any ofc in the Covt#

(2) 8dentification and disclosure of relatives. D ,t shall be the duty of every public official or employee to identify and disclose, to the best of his .nowled!e and information, his relatives in the Covernment in the form, manner and fre*uency prescribed by the +ivil -ervice +ommission# ?nder the ,R, such rels shall include those up to the =th civ de! of rels, either of consan!/affinity, inc bilas, inso and balae# (-) Accessibility of documents. % 0a1 Any and all statements filed under this Act, shall be made available for inspection at reasonable hours# 0b1 -uch statements shall be made available for copyin! or reproduction after ten 0/81 wor.in! days from the time they are filed as re*uired by law# 0c1 Any person re*uestin! a copy of a statement shall be re*uired to pay a reasonable fee to cover the cost of reproduction and mailin! of such statement, as well as the cost of certification# 0d1 Any statement filed under this Act shall be available to the public for a period of ten 0/81 years after receipt of the statement# After such period, the statement may be destroyed unless needed in an on!oin! investi!ation# 0e1 &very off an dee shall also execute, w/in >8d fr date of assumption of ofc, the nec auth in favor of the Ombudsman to obtain fr all appropriate !ovt a!encies, inc the B,R, such docus as to show his assets, liabs and net profit and also his bus ints and fin connection in previous yrs inc, if possible, the yr when he /st assumed ofc in the !ovt# (5) "rohibited acts. D ,t shall be unlawful for any person to obtain or use any statement filed under this Act for" 0a1 any purpose contrary to morals or public policyK or 0b1 any commercial purpose other than by news and communications media for dissemination to the !eneral public# 0L ,R, RH,,, -/1 R!)e %III (<) +evie# and 'ompliance "rocedures Se t'on 1# $he followin! shall have the authority to establish compliance procedures for the review of statements to determine whether said statements have been properly accomplished" 0a1 ,n the case of +on!ress, the desi!nated committees of both 6ouses of +on!ress sub)ect to approval by the affirmative vote of the ma)ority of the particular 6ouse concernedK 0b1 ,n the case ef the &xecutive epartment, the heads of departments, offices and a!encies insofar as their respective departments, offices and

46

a!encies are concerned sub)ect to approval of the -ecretary of 7ustice# 0c1 ,n the case of the 7udicial +ourtK and epartment, the +hief 7ustice of the -upreme

rulin!s, policy, decisions, memoranda, etcK 0e1 it would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacyK 0f1 it would disclose investi!atory records complied for law enforcement purposes, or information which if written would be contained in such records or information would" 0i1 interfere with enforcement proceedin!s, 0ii1 deprive a person of a ri!ht to a fair trial or an impartial ad)udication, 0iii1 disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investi!ation, or by an a!ency conductin! a lawful national security intelli!ence investi!ation, confidential information furnished only by the confidential source, or 0iv1 un)ustifiably disclose investi!ative techni*ues and proceduresK or 0!1 it would disclose information the premature disclosure of which would" 0i1 in the case of a department, office or a!ency which a!ency re!ulates currencies, securities, commodities, of financial institutions, be li.ely to lead to si!nificant financial speculation in currencies, securities, or commodities or si!nificantly endan!er the stability of any financial institution, or 0ii1 in the case of any department, office or a!ency be li.ely or si!nificantly to frustrate implementation of a proposed official action, except that subpara!raph 0f1 0ii1 shall not apply in any instance where the department, office or a!ency has already disclosed to the public the content or nature of its proposed action, or where the department, office or a!ency is re*uired by law to ma.e such disclosure on its own initiative prior to ta.in! final official action on such proposal# (-) .st info systems Se t'on =# &very head of department, office and a!ency shall establish information systems and networ.s that will effect the widest possible dissemination of information re!ardin! the provisions of the +ode, and the policies and pro!rams relative thereto# -uch info must inform the pub of the ff" 0a1 policies, Rs, and proceduresK 0b1 wor. pro!s, pro)s, and perf tar!etsK 0c1 all other docus as may hereafter be classified as pub info# -uch info shall be utili4ed solely for the purpose of informin! the pub of such policies, pro!s, and accomplishments, and NO$ to build the pub ima!e of any

0d1 ,n the case of the +onstitution al +ommissions and other +onstitutional Offices, the respective +hairman and members thereofK in the case of the Office of the Ombudsman, the Ombudsman# $he above officials shall li.ewise have the authority to render any opinion interpretin! the provisions on the review and compliance procedures in the filin! of statements of assets, liabilities, net worth and disclosure information# ,n the event said authorities determine that a statement is not properly filed, they shall inform the reportin! individual and direct him to ta.e the necessary corrective action# $he individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in !ood faith in accordance with it shall not be sub)ect to any sanction provided in the +ode# R!)e I% Tran#paren * of Tran#a t'on# an$ A e## to Infor(at'on

Se t'on 1# -ub)ect to reasonable conditions prescribed by law, the -tate adopts and implements a policy of full public disclosure of all its transactions involvin! public interest# (1) .nsure transparency of pub transa4ns Se t'on 4# it is the responsibility of heads of departments, offices and a!encies to establish measures and standards that will ensure transparency of and openness in public transactions in their respective offices, such as biddin!s, purchases, other internal transactions, includin! contracts, status of pro)ects, and all other matters involvin! public interest# (2) "rovide off info Se t'on 5# &very department, office or a!ency shall provide official information, records or documents to any re*uestin! public, except if" 0a1 such information, record or document must be .ept secret in the interest of national defense or security or the conduct of forei!n affairs# 0b1 such disclosure would put the life and safety of an individual in imminent dan!erK 0c1 the information, record or document sou!ht falls within the concepts of established privile!e or reco!ni4ed exceptions as may be provided by law or settled policy or )urisprudenceK 0e#!# closed door +ab sessions, exec sessions of +on!, delibs of the -+, trade secrets and the li.e1 0d1 such information, record or document compromises drafts or decisions, orders,

47

off/ee/advance his own pers int# Refor(# on p!" a$('n #*#te(# R!)e III Refor(# on P!")' A$('n'#trat'-e S*#te(# (1) 'onduct value devt progs Se t'on 1# &very department, office and a!ency shall, as soon as practicable and in no case later than ninety 0@81 days from the effectivity of these rules, start conductin! value development pro!rams for its officials and employees in order to stren!then their commitment to public service and help promote the primacy of public interest over personal interest in the performance of their duties# -uch pro!rams and other parallel efforts on value development shall include, amon! other thin!s, the followin! sub)ects" 0a1 &thical and moral valuesK 0b1 Ri!hts, duties and responsibilities of public servants 0c1 Nationalism and patriotismK 0d1 7ustice and human ri!htsK 0e1 emocracy in a free and )ust societyK 0f1 Philippine history# +ulture and traditionK and 0!1 -ocioDeconomic conditions prevailin! in the country, especially in the depressed areas, and the need for a code of +onduct and &thical -tandards# +ontinuin! refresher courses and seminars and/or wor.shops to promote a hi!h standard of ethics in public service shall be conducted# (2) 'onduct profl, etc. progs Se t'on 4# Professional, scientific, technical trainin!s and education pro!rams shall enhance to the hi!hest de!ree, professionalism, excellence, intelli!ence and s.ills in the performance and dischar!e of duties and responsibilities of officials and employees# $hese pro!rams shall be conducted in all offices of the !overnment and may include sub)ects that are enumerated in the precedin! section# Se t'on 5# ,t is the responsibility of every head of department, office and a!ency to ensure that officials and employees attend the value development pro!ram and participate in parallel value development efforts# (-) 'onduct studies and analyses of #orK systems Se t'on =# &very department, office and a!ency shall conduct continuin! studies and analyses of their wor. systems and procedures to improve delivery of public services# $owards this end, such studies and analyses shall" 0/1 identify systems and procedures that lead or contribute to ne!ative bureaucratic behaviorK 051 simplify rules and procedures to avoid red tapeK and 0>1 devise or adopt systems and procedures that promote official and employee morale and satisfaction#

(5) &evelop and maKe available a serv guide &ach department, office or a!ency shall develop a service !uide or its functional e*uivalent which shall be re!ularly updated and made available to the transactin! public# A wor.flow chart showin! procedures or flow of documents shall li.ewise be posted in conspicuous places in the department, office or a!ency for the information and !uidance of all concerned# (<) 'onsult the pub for feedbacKs and suggestions Se t'on <# &very department, office and a!ency shall consult the public they serve for the purpose of !atherin! feedbac. and su!!estions on the efficiency, effectiveness and economy of services# $hey shall establish mechanisms to ensure the conduct of public consultations and hearin!s# ()) 'onduct res and e4perimentation Se t'on 6# &very department, office and a!ency shall continuously conduct research and experimentation on measures and adopt innovative pro!rams which will provide motivation to officials and employees in raisin! the level of observance of public service ethical standards# (,) &esignate a resident /mbudsman Se t'on 7# every department, office and a!ency shall, appoint or desi!nate a resident Ombudsman, who shall act immediately on all re*uest for public assistance referred to him by the Ombudsman and his eputies# 6e shall be held accountable for the disposition of all re*uests for assistance# (*) 'onsult and dialogue #$ staff Se t'on :# Covernment officials shall ma.e themselves available to their staff for consultations and dialo!ues# Chapter F'-e RTS AND PRI%S OF PUB OFCERS A2 In /en Rt# 'n '$ent to p!" of $he rts of / elected/appted to ofc are, in !en, measured by the +onsti/the law under w/c he was elected/appointed o 2here an ofc is created by a stat, the rts of an ofcer elected thereunder are measured by the stat & infsofar as he may be protected by any prov of the +onsti

Amon! the rts of a pub ofcer/ee are<

Others are" rts to maternity 0+A ;=91, paternity 0RA E/E91, vacation and sic. leaves 0-5E<, 5E<DA, 5E;, Rev Adm +ode1# $heyre !iven reasonable means of promotin! the eff and morale of pub ofcers and ees# 'eaves based on attendane in accordance w/ =8hrs a w. law to !ive respite when needed and w/o loss of pay to appointinve ofcers and ees whose hrs of wor. are fixed# $6?-, partDtime ofcers and ees AR&N$ entitled to leaveK NOR elective offs & that -5/E9 of the Rev Adm +ode authori4es sic. leaves to muni mayors ON'( 0Faleni4a v# +OA /@E@1# ?nder RA E/E9, paternity leave refers to the benes !ranted to a married male ee B?$ contis to earn the full comp therefoe, on the condi that his sp has delivered a child/suffered a miscarry for purposes of enablin! him to effectively lend support to his wife in her pd of recovery and/or the nursin! of the newly born child# $he leaves limited to the / st =

48

A pub ofcer has the rt to exer those powers w/c are conferred upon him by law o CR" powers and duties of pub ofcers are prescribed by the +onsti/statute/both

and such discretionary axns NO$ ordinarily rvwable by the +ts ; Co(p, NOT an e)e( of p!" of +omps NO$ indispensable to a pub ofc o ,ts NO$ part of the ofc B?$ merely incident thereto, and attaches to the ofc itself, and NO$ to the ofcer o 2hatever salary/emoluments may be attachY dby law to a pub ofc dont belon! to the incumbent :caus eof any supposed le! duty restin! upon the pub to pay for ht eservs rendered by him o ,N BA+$, its sometimes expressly provided that certain ofcers shall rcv NO comp, and a law cratin! an ofc w/o any prov forcomp may carry w/ it the implication th athe servs are to be rendered !ratuitously o $he ob) in allowin! comp for off serv is to enable pub offs to !ive due attention to ehir off dutie snad perf them better For(# of o(p $ef'ne$ an$ $'#t'ng!'#he$

Rt# a# a 't 1) "rotn fr publication commenting on his fitness and the liKe.D $he mere fact that / occupies a pub ofc O&-N$ deprive him of th eprotn accorded to cits by the +onsti and the laws o 6O2&H&R, by reason of the pub char of his employment/ofc, a pub ofcers, in !en, held NO$ enetitlted to the same protn fr publications commentin! on his fitness, and the li.e, as is accorded to the ordin cit# 2) .ngaging in certain pol and bus activities.D the !ovtal int in maintainin! a hi!h lev serv by assurin! the eff of its ees in the perf of their tas.s may re*uire pub ees to suspend/refrain fr certain potl/bus activities that are embraced w/in the constil rts of others, when such activities are reasonably demed inconsistent w/ their pub status and duties o to )ustify restrics on the exer of onstil, rts, the !ovt F?-$ show that the restraints ratlally relate to the enhancement of the pub serv o the prob is to arrive at a bal bet the int of the pub ee, as a cit, and the int of the state, as an er B2 Rt to Co(p Po.er of Cong to f', o(p 1) "o#er primarily 1:6 %/6 e4clusively legis in char.D $he creation of pub ofces and the assi!nment of their compo are primarily le!is fxns, althou!h NO$ exclusively so o if the ofc is a constil /, the +onsti itself may provide the comp, OR may entrust the matter to +on! o +onstil restrics are sometimes imposed on the le!is as to fixin!/chan!in! of comp 2) "o#er may be delegated subj to stat limitations.D thhe power to fix the comp of pub ofcers ,-N$ inherently and exclusively le!is in char o ?N'&-- the +onsti expressly/impliedly prohis +on! fr doin! so, it may dele!ate the power to o!vt !ovt bodies/ofcers as, for ex#, to the !ov, mayor/san!!uni!an! bayan, or to other ofcers/off boards o Admin boards/other ofcers, in pursuance o the power dele!ated by +on!, may fix the comp of pub ofcers at any sum/rate w/c they consider reasonable, w/in the stat limitations prescribed by +on!,

/1 the term comp when employed in ref to the remuneration of pub ofcers means pay for doin! all that may be re*d of the off, whether its in the form of a fixed salary/wa!es, per diems, fees, commissions/per*uisites of whatsoever char9 51 $he salary of a pub ofcers the pers comp to be paid to him for his servs, and its !enerally a fixed annual/pdical payment dependin! on the time and NO$ on the amt of the servs he may renderE

RA 9;/8, 'C+, -&+# E/# 'ompensation of 2ocal /fficials and .mployees. D $he compensation of local officials and personnel shall be determined by the san!!unian concerned" Provided, $hat the increase in compensation of elective local officials shall ta.e effect only after the terms of office of those approvin! such increase shall have expired" Provided, further, $hat the increase in compensation of the appointive officials and employees shall ta.e effect as provided in the ordinance authori4in! such increase" Provided, however, $hat said increases shall not exceed the limitations on bud!etary allocations for personal services provided under $itle Bive, Boo. ,, of this +ode" Provided, finally, $hat such compensation may be based upon the pertinent provisions of Republic Act Numbered -ixtyDseven fiftyDei!ht 0R#A# No# ;9<E1, otherwise .nown as the V+ompensation and Position +lassification Act of /@E@V# 7

delivs of the le!it sp w/ whom hes cohabitin!# 6e shall notify his er of the pre!nancy and the expected date of deliv 0-5, >1 RA =;E= 0-5/1 !rants death and disabil benes to mems of loc pol forces and a!encies# BP /5@, -=5 provides for lon!envity pay to the mems of the )ud, while RA //>=, to ofcers and enlisted men of the ABP# RA ;;9<, -9/ w/c ests the PNP, !rants to uniformed personnel lon!evity pay in addn to subsistence allowance, *uarters allowance, clothin! allowance, ha4ard pay and other allowances provided by existin! laws# $he Revised Admin +ode of /@/9 6A-N$ been repealed by the Admin +ode of /@E9 & the provs of the fmr inconsistent w/ those of the latter#

-50i1, P //=; 0Covt serv ,ns Act of /@E91 defines GcompM as the basic pay/salary rcved by an ee, pursuant to his employment/apptment, excludin! per diems, bonuses, overtime pay and allowances# $he law NO$ only defines the word GcompM B?$ also distin!uishes it fr other forms of remunerations for purposes of computin! the contri of the ers and ees to the C-,- as well as the ees serv rec and benes 0C-,- v# +-+ /@@=1# B?$ what ou!ht to be controllin! should be the nature of the remuneration RA$6&R than the label attached to it# 2hile there can be NO dispute that the law excepts per diems fr the defn of comp, the amts rcved and denominated as per diem may be construed as comp/allowance w/in the contemplationelaw# ?nder -/8, P @E< 0 ec Revisin! the Pos, +lassn and +omp -ys in the NC1, the term GcompM includes salaries, wa!es, allowances an other benes# 8 $he commutation of leave credits is commonly .nown as terminal leave w/c is applied for by an ofcer/ee who resi!ns, retires/is separated fr the serv thru NO fault of his own# -ince its applied for by an ofcer/off whos already severed his connections w/ his er and whos NO lon!er wor.in!, then it ff that all terminal leave pays, w/c is the cash value of his accumulated leave credits, is NO lon!er comp for servs rendered# ,t +AN$ be viewed as salary# ,ts NO$ sub) to ,$ under -5E0b, 9, B, B1 of the N,R+ 0Re re*uest of Atty Wialcita /@@/1# $he money value of the terminal leave of a retirin! !ovt off shall be computed at the retirees hi!hest monthly# $6?-, the hi!hest monthly salary upon w/c the commutation of the termination

49

-A'AR( !iven to ofcers of hi!her employment re!arded as comp per annum

de!

of

2AC&lower paid day by day/w. by w.

it O&-N$ refer to the fixed salary alone thats attached to the ofc, B?$ includes such fees abd comp as the incumbent of the ofc is, by law, entitled to rcv it may import S GsalaryM or GfeesM 0,ntia, 7r v# +OA /@@@# istinction bet allowances deemed consolidated into the standardi4ed salary and those w/c AR&N$1

-) A per diems merely / form of comp !ranted to pub ofcers, w/c is fixed NO$ as ordinarily by the yr/by the mo B?$ by the day o the comp prescribed by law for pub ofcers is sometime in the form of per diem allowance for days actually spent in the perf of off duties 0Op, -ec of 7ust, s of /@=91 o its a daily allowance !iven for ea day an ofcer/ee of !ovts away fr her home base# $his is the tradl mn! o ,ts usual si!nifications as a reimbursement for extra expenses by the pub off in the perf of his duties o ?nder the defn, the per diem is intended to cover the cost of lod!in! and subsistence of ofcers and ees when theyre on duty outside of their perma station 0C-,- v# +-+ /@@<# $he law sometimes authori4es the !rant of repn and transpo allowance to certain !ovt offs#1 o B?$ the nomenclature !iven to the basic salary paid to a !ovt ees NO$ controllin! in detin! the serv thats creditable for retirement purposes and whtats impts tha the pays !iven for full time wor. ?nder the cirs obtainin! in the case, a per diem could rtfully be considered a comp/remuneration attached to an ofc o $6?- the -+ ruled that the per diems rcved by resp durin! the pd she acted in holdDover cap as provl HC on a fullDtime basis were in the nature of comp/remuneration for her serv as such, RA$6&R than as a reimbursement for incidental expenses incurred while away fr her home base re!ardless of the denomination !iven to the comp rcvd by her 0C-,- v# +-+1 "er diem % NO$ deemed to be a salary w/in a constil prov that NO chan!e in the comp of ofcers shall affect the salary of any ofcer durin! his existin! term o ,ts NO$ a fee ?N'&-- clearly classified as such o -o also is an honorarium defined as somethin! !iven NO$ as a matter of obli!, B?$ in appreciation for servs rendered, a voluntary donation in consid ofr servs w/c admit of NO comp of money 0-antia!o v# +OA /@@/1 such as the monthly allowances !iven by 'C?s to )ud!es assi!ned w/in their territ 7s 0Allarde v# +OA /@@>1 =1 -ometimes the comp of parti ofcers is made to depend on fees for serv rendered, OR on commission on moneys officiarlly passin! thru their hands o where comps paid under the fee sys, OR on the basis of the amt of bus done, OR of pub money passin! thru the ofcers hands, a max sum may be fixed beyond w/c the ofcers NO$ to rcv any emoluments <1 2hen the term emoluments is used, it means the profit arisin! fr the ofc, that w/c is rcved as comp for servs/w/c is annexed to the ofc as salary, fees/prer*uisites

Ba#'# of rt to o(p 1) 'reation of la#.D,n considerin! the rt, its nec to have in view the nature of a pub ofc, and NO$ to lose si!ht of the fact that an ofc is usu NO$ re!arded as contract/as a vested prop rt, B?$ rather as a pub trust to be exerd for the bene of the pub o reln bet ofcer and pubs NO$ the creation of contract, NOR is the ofc in itself a contract o 6&N+&,h is rt to comps NO$ the creation of contract o ,t exists as the creation of law 0+onsti, stat/ordin1, and when it so exists, it belon!s to him NO$ by force of any contract B?$ :cause the law attaches it to the ofc o $he most that can be saids that theres a contract to pay him such comp as may fr time to time be attached by law to the ofc 0Fechem1 2) ervs rendered.D$he rt to comp !rows out of the rendition of servs o after servs have been rendered by a pub ofcer, the comp thus earned +AN$ be ta.en away by a subse*uent law, B?$ +AN$ recover, as a R, salary for a pd durin! w/c he performed NO servs o its !enerally held, at least in the absence of a stat to the contrary, that a pub ofcers NO$ entitled to comp for servs rendered under an unconstil stat/prov thereof o CR" a pub offs NO$ entitled to any comp if he 6A-N$ rendered any serv 0Acosta v# +A 58881 -) 'omp fi4ed by la#.D ,f NO comps fixed/attached by law, the pub ofcers presumed to have accepted the ofc to serve !ratuituously 5) 2eg title to ofc.R9+" / w/o a le! title to ofc either by lawful apptment/elec and *ualns NO$ entitled to recover salary/comp attached to the ofc o an ee whose pos was le!ally abolished, who instead of )oinin! his other coDees in assailin! the le!ality of their sepn fr the serv re*uested apptment to a pos comparable to her fmr pos B?$ she was appointed to a lower pos w/c she accepted w/o reservations estopped fr see.in! payment of a salary e*uiv to that of her fmr pos 0Fanalo v# Cloria /@@=1 <) Amt of comop.D-<, A@DB" AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on <2 $he +on!ress shall provide for the standardi4ation of compensation of !overnment officials and employees, includin! those in !overnmentDowned or controlled corporations with ori!inal charters, ta.in! into account the nature of the responsibilities pertainin! to, and the *ualifications re*uired for, their positions# +orollary thereto, RA 67<: 8An A t Pre# r'"'ng a Re-'#e$ Co(p an$ Po# C)a##n S*# 'n /o-t9, S4& iffs in pay are to be based upon substantive diffs in duties and resps, and *ualn re*ts of the positions# o $he nature of an offs pos should be the detin! factor in the fixin! of his/her salary

leave of an ?ndersec who was appointed Actin! -ec durin! the travel abroad of the -ec shall be his salary correspondin! to the -ec 0Belicena v# -ec of Bin 0588/1

50

o o

o o

$his ,-N$ only mandated by law B?$ dictated by lo!ic +onsistent w/ these policies, law employs the scheme G!radeM defined in P @E< as includin! all classes of positions w/c, althou!h diff 2R$ .ind/sub) matter of wor., are sufficiently e*uiv as to lev of difficulty and resps and lev of *ualn re*ts of the wor. to warrant the inclusion of such classes of positions w/in / ran!e of basic comp $he !rade, $6&R&BOR&, depends upon the nature of /s posRthe lev of difficulty, resps and *ualn re*ts thereofRrelative to that of another pos 8t(s the off(s 9rade that dets his$her salary, NO$ the other way around ,ts possible that a 'C offs salary may be O that prescribed for his Crade since his salary depends also on the class and fin capability of his/her respective 'C? N&H&R$6&'&--, its the law w/c fixes the offs !rade 0Binay v# -andi!anbayan /@@@# ate of hirin!s NO$ amon! the factors that shall be ta.en into consid in fixin! comp /!rantin! of benes# $o disc v# some ees based on date of hirin!s to run v# the pro!ressive and soc policy of the law# +ru4 v# +OA 588/1

him durin! such may be recovered B?$ / who becomes a pub ofcer de facto in CB and renders the servs re*d fo the ofc, is le!ally entitled to the emoluments of the ofc -) 7r the intruder$usurper.D/ who intrudes into/usurps a pub ofc has NO rt to the salary/emoluments attached tohe ofc o stands in a less favorable pos than ofcer de facto o R that holds d facto ofcer liable to the de )ure ofcer applies w/ more strictness to / who usurped the ofc, and in case the comp/emoluments of the ofc are paid to him, he becomes liable for them to the de )ure ofcer, in an axn for money he rcved o

Re o-er* of o(p An axn to recover the comop attached to a pub ofc belon!s to the person who has the true, rather than the colorable, title to the ofc, for in such axn the title to the ofc is put in , 1) 7r the govt.DA de )ure ofcer 0+h >DB1 +AN$ recover fr the !ovt salary/compo w/c has been paid to a de facto ofcer o its a matter of simple )ust that the emoluments F?-$ !o to the person 0de facto ofcer1 who actually rendered the serv ?N'&-- the contrarys provided o $6?-, a candidate who assumed ofc in perfect CB after he was duly proclaimed electeds entitled to retain the comp paid him durin! his incumbency NO$2-$AN ,NC a protest filed v# him 0Rodri!ue4 v# $an /@<91 for his assumption and tenure +AN$ be considerd Gwron!ful,M 0Fonroy v# +A /@;91, considerin! that he wouldve been sub)ected to a penalty had he NO$ accepted the ofc 0RP+, A5>=1 o B?$ where the !ovt contis to pay the ofcer de facto after the notice of ad)udication of the protest in favor of the ofcer de )ure, the latter may recover fr the !ovt the amt so paid after such ad)udication and notice 0Fechem1 o ,n cases where theres NO de )ure ofcer, a de facto ofcer whos in CB, has possession of the ofc, and has dischar!ed the duties pertainin! thereto, is le!ally entitled to the emolument of the ofc, and may, in an appropriate axn, recover the salary/comp attached to the ofc o $his doctirnes supported on e*uitable !rounds -,N+& it seems un)ust that the pub should bene by the servs of an ofcer de facto and then be free fr all liab to pay any of such servs 0Patterson v# Benson /@=@1 2) 7r the de facto ofcer.D+orollary R" as de )ure ofcer can recover fr the !ovt/de facto ofcer the amt paid to the de facto ofcer for servs rendered by him AB$&R notice of ad)ud of title to the fmr o where tenure of the de facto ofcers 2RONCB?', the salary rcved by

,''?-$RA$,H& +A-&-" 12 Ro$r'g!eA -2 Tan /@<9 &uly elected en seeKs reimbursement of salaries paid to de facto ofcer. 7acts! R" ec >8, /@=9 % $, , usurped the ofc of sen of the P6ils and til =@ has continuously collected salaries, emoluments and privs thereto o 6e was duly elected to ofc o ?surpation casued dama!e to him $" filed a F$ % the -enate &lectoral $rib )ud!ments a bar to this axn under R7 and the $rib denied w/o reservation the claim for dama!es of R +t" dismissed the complaint o 6&N+&, the appeal by R 8ssue! 2ON $, whos been proclaimed, t. the oath of ofc and dischar!ed the duties of sen, can be ordered to reimburse the salaries and emoluments hes rcved durin! his incumbency to R whos been le!ally declared elected by the $ribJ Held! &e facto ofcer ousted as a result of elec protest entitled to comp for serrvs rendered.D$, whos been proclaimed and assumed ofc, B?$ was later ousted as a result of an elec protest, is a de facto ofcer durin! the time he held the ofc of sen, and is entitled to the comp, emoluments and allowances w/c are provided for the pos by the +onsti o Policy and R ffed consistently in this 7 o &moluments must !o to the person who rendered the serv ?N'&-the contrarys provided 42 Monro* -2 CA /@9> >M #ho became Mayor seeKs reimbursement of salaries paid to fmr Mayor #ho(s ceased as rtful occupant. 7acts! F was the incumbent mayor of Navotas, Ri4al, when on -ept /<, ;/, his cert of candidacy as rep of the /st dist of Ri4al in the forthcm! elecs 0for +on!1 was filed w/ +OF&'&+ o > days later" -pet /E % F filed a letter w/drawin! the +O+ o +omelec" approved o -ept 5/ ;/" R, HF of Navotas, t. his oath of ofc as muni mayor on the th that F forfeited the ofc upon his filin! of the +O+ F instituted suit for in)unction v# R o +B," a# F ceased to be mayor after his +O+ was filed on sept /<

51

B# R became muni mayor upon his havin! assumed ofc on -ept 5/ +# F must be reimbursed as actual dama!es the salaries to w/c R was entitled as Fayor fr -ept 5/ ;/ D time he can reassume the ofc and # F must pay R P/. as moral dama!e +A" affirmed in toto & for award of moral dam!es 3 eliminated 6&N+&, this pet by cert to rvw the +A rulin! 8ssue! 2ON Rs entitled to the salary of the ofc fr -pet 5/ ;/ to time he can reassume the ofcJ Held! (& 1) &e facto ofcer liable to reimburse salaries rcved to rtful incumbent.D CR" rtful incumbent of a pub ofc may recover fr a de facto ofcer the salary rcved by the latter durin! the time of his wron!ful tenure, even thou!h he entered into the ofc in CB and under color of title aplies here o possession of the title of ofc, NO$ ofc itself, is decisive de facto ofcer, NO$ havin! !ood title, ta.es the salaries at his ris. and must, $6&R&BOR&, acct to the de )ure ofcer for whatever amt of salary he rcved durin! the pd of his wron!ful retention of pub ofc where a mayor w/drew his +O+ for +on! and then reassumed the pos of mayor, $6?- preventin! the HF fr dischar!in! the duties of the pos of mayor, the mayor should reimburse to the HF, as the rtful occupant of the pos of mayor the salaries w/c he rcved 2) +odrigue@ ruling %/6 applicable.D the rulin! in Rodri!ue4 v# $an that NO such reimbursement should be made ,-N$ applicable here :cause the $an case involved a duly proclaimed elective off who was later ousted o the de facto doctrine was formulated, NO$ for the protn of the de facto ofcer principally, B?$ RA$6&R for the protn of the pub and indivs who !et involved in the off acts of the persons dischar!in! the duties of an ofc w/o bein! lawful ofcers -) C$dra#al of cert of candidacy &8&%(6 restore M to his fmr pos.D O&-N$ render the w/drawal void ab initio o /ce filed, the perma le! efx produced thereby remain &H&N if the cert itself be subse*uently w/drawn Sa)ar* NOT #!"B to garn'#h(ent 9arnishment % species of attachement for reachin! credits belon!in! to the )ud!ment d owin! to him fr a stran!er to a lit 0&n!rin! +onstruc, ,nc v# Napocor /@EE1 -alary of a pub ofcer/ee may NO$, by !arnishment, attachment/order of exec, be sei4ed before bein! paid to him, and appropriated for the payment of his debts Reasons" o /# 2hile the moneys still in the hands of the disbursin! ofcer, it belon!s to the !ovt o 5# pub policy forbids such prac since itd be fatal to the pub servK and o ># $he !arnishment/#ttachment of an ofcers salarys tantamount to a suit v# the state in its own ct, w/c is prohibited & w/ its consent 0 ela Hictoria v# Bur!os# Carnishment 3 forced novation by the substi of

cs# 7ud!ment d, whos the ori! c of the !arnishee is, thru serv of the writ of !arnishment substituted by the )ud!ment c who becomes a c of the !arnishee % Perla +ompania de -e!uros, ,nc v# Remolete /@@/1 As a nec conse*uence of bein! a pub fund, the salary chec. of a !ovt ofcer/ee, before its actual/phys deliv to him, may NO$ be !arnished to satisfy a )ud!ment v# him o Bxns and pub servs rendered by the state +AN$ be allowed to be paraly4ed/disrupted by the diversion of pub funds fr their le!it and spec ob)s, as appropriated by law 0 ir of +ommerce and ,nd v# +oncepcion /@551

Ag# affe t'ng o(p Pub ofc % estbalshed for the ben of the pub and the comp annexed theretos !iven NO$ only as a remuneration for servs, B?$ also to enable the incumbent to !ive due attention to his off duties and to perf them better o An a! by a pub ofcer respectin! his comp may rtfully be considered invalid as v# pub policy where it tends to pervert such comp to a purpose O$6&R $6AN that for w/c itw as intended, and to interfere w/ the ofcers free and unbiased )ud!ment in reln to the duties of his ofc o Bore!oin! propositions have ref to unperformed servs and the salary/fees attached thereto o After the servs have been rendered and the comp earned, the ofcer can ordinarily contract 2R$ such comp as he may see fit 1) Ag to accept, or acceptance of less or other than leg comp.D the comp of a pub ofcers !enerally fixed by law, and in an amt presumably suff to insure faithful and satisfactory perf of the duties of the ofcer o arran!ements w/c would )eopraridi4e such perf AR&N$ re!arded w/ favor o $6?-, an a! by an ofcer/candidate for ofc that if chosen, hell dischar!e the duties of the ofc 2O comp/for a lesser comp than that provided by law, or will pay part of his salary into the pub treas, or donate it to the >rd person, is ille!, 2ON made in CB o ',I&2,-& held invalid as v# pub policy a contract/a! by a pub ofcer to render servs for a diff comp than that provided by law, whether the stipulated comp is O the le! allowance/S the comp fixed by law o &sp where the stat expressly forbids the ta.in! of !reater comp than that fixed by law 2) ale, assignment$barter.D-alary/emoluments of pub ofc AR&N$ considered the proper sub) of barter and sale o pub policy prohis the assi!nment of unearned salaries/fees o CR" there shall be NO bar!ainin! and traffic in pub ofces 3 applies o L added dan!er that any assi!nment of future emoluments of a pub ofc tends to impair the efficiency of those holdin! the ofc and, in conse*uence, pre)udice the ints of the pub -) &ividing comp #$ others.DAn a!s invalid where a candidate promises to share the emoluments of the ofc w/ a person who assits him in obtainin! apptmnt to ofc/w/ a partner o if the a! to divide the salary/other comp of the ofc w/ a partner amts to an anticipatory assi!ment of the emoluments of the of, its invalid, in accordance w/ the prin of pub policy, w/c forbids assi!nments of

52

o o

the salary/fees of a pub ofcer before theyre earned R otherwise where the a! amts F&R&'( to an arran!ement bet the patners as to the manner in w/c the salary/fees of the ofc shall be disposed of after theyre earned/paid -ince pub policy prohis those .inds of bar!ains/a!s, such create NO le! obli! +ON-&A?&N$'(, the acceptance of comp pursuant to it O&-N$ stop/prevent the ofcer fr recoverin! his le! salary O the amt paid him under the contract Bact that the ofcer may be a p to the crime in the ille! contract doesnt defeat his rt to recover the comp allowed by law, for it O&-N$ depend upon the contract, B?$ upon the provs of the law fixin! his comp

or title of any .ind from any forei!n !overnment# Pensions or !ratuities shall not be considered as additional, double, or indirect compensation# Prohi desi!ned to counter evils of double comp 0 ept -ec prohibited fr rcvin! extra/addl comp, whether as per diem/honorarium/allowance, it ff that an alt +AN$ li.ewise be entitled to rcv such comp# A can N&H&R be lar!er than the prin D ela +ru4 v# +OA 588/1 O&-N$ apply where" o /# Payment of addl, double/indir comp to a parti ofcer/ees specifically authori4ed by law in indiv instances where the payment of such comp appears NO$ only )ust B?$ nec 0-adueste v# Funi of -uri!ao /@=/1 prohis aimed v# the !ivin! of extra comp by exec/admin order o 5# Addl comps rcved NO$ fr the !ovt/any of its entitlesK and o ># $here are 5 distinct ofces, ea of w/c has its own duties and comp, in w/c case both may be held by / person at the same time hes in the eyes of the law 5 ofcers 0?- v# -aunders1 prohi refers to double comp and NO$ to double apptments and the perf of fxns of S / ofc B?$ the ofcer may draw th> salary attached to the 5 nd pos ON'( when hes specifically authori4ed by law Pensions/!ratuities AR&N$ considered under the +onsti as addl, double/indir comp -O a ret pub ofcer/ee whos been reapopointed/elected to a pub ofc may conti to rcv his pension/!ratuities fr the !ovt and his salary at the same time, ?N'&-- its otherwise provided by law 0Admin +ode of E9, &O 5@5" pub ofcer/ee shall have the option to rcv either the comp for the pos/his pension, !ratuity/annuity B?$ he -6AN$ rcv both % B. <, ch 9, -;=1

Proh' -2 $'('n!t'on of #a)ar* & as otherwise provided by the +onsti, +on! has AB-O'?$& power to fix/alter the comp of pub ofcers o -/5, RA ;9=E, 7uly /, E@" an Act Prescribin! a Revised +omp and Pos +lassn -ys in the Covt and for Othe Purposes" provides for consolid of allowances and addl comp into standardi4ed salary rates save for certain addl comp such as repn and transpo allowances w/c were exempted fr consolid into the standardi4ed rate# Other addl comp bein! rcved by incumbents as of 7uly / E@ NO$ inte!rated into the standardi4ed salary rates shall conti to be authori4ed 'e!is intent" prot incumbents who are rcvin! salaries and/or allowances over and above those authori4ed by RA ;9<E to conti to rcv the same &H&N after it t. effect ,n reservin! the bene to incumbents, the le!is manifested its intent to !radually phase out this priv, 2O upsettin! the policy of nonDdiminution of pay and consistent w/ the R that laws should ON'( be applied prospectively in the spirit of fairness and )ust 0Phil ,ntl $radin! +orp v# +OA /@@@1 +onsti" +on! !iven power to fix salaries of certain constil ofcers, B?$ after its done so, it may NO$ reduce the salary of any of them durin! his term/tenure o ,ntended to secure their independence o $6?-, the +onsti prohis +on! fr decreasin! the salaries of the Pres and HP 0A;, -;1 $he +hief 7ust and Assoc 7usts of the -+, 7ud!es of '+s 0AE, -/81 $he +hairmen and mems of the +onstil +omms 0A@DA, ->1 And the Ombudsman and his eputies 0A//, -/81 +on! may inc the salaries of -enators and Fems of the 6ouse of Reps B?$ such -6AN$ ta.e effect :til AB$&R the expiration of the full term of the mems of the -enate and 6ouse of Reps approvin! such inc 0A;, -/81 Proh' -2 r -'ng a$$), $o!")e+'n$'r o(p AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on :2 No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authori4ed by law, nor accept without the consent of the +on!ress, any present, emolument, office,

Free -o)!ntar* #er- to the go-t 0RA ;9/>, ,RR1 Free %o)!ntar* Ser-' e Se t'on 1# 0a1 Bree voluntary service refers to services rendered by persons who are in !overnment without pay or compensation# 0b1 $he re*uirements of free voluntary service are as follows" 0/1 ,ssuance of an appropriate documentK 051Bitness and suitably for the duties and responsibilities of the particular positionK and 0>1 +ompliance with rule on nepotism 0c1 $he followin! are the functions or services that volunteers can perform" 0/1 Advisory

53

051 +onsultancy or counselin! 0>1 RecommendatoryK 0=1 Professional -ervicesK 0<1 -taff wor. such as plannin! or researchK or 0;1 6umanitarian# 0d1 $hose who render free voluntary service to the !overnment are covered by the followin!" 0/1 'aws on rewards and incentivesK 051 Norms of conduct and ethical standardsK 0>1 uties and obli!ations of public officers and employeesK

0=1 Prohibitions and sanctions enumerated in these RulesK and 0<1 +ivil and criminal liability# 0e1 $hose who render free voluntary service are, however, liabilities and net worth and financial disclosures, the re*uirement on divestment and the appropriate eli!ibility re*uirement, for their desi!nations, and shall not en)oy security of tenure# ?nless otherwise provided in the terms of their desi!nations, volunteers are prohibited from" 0/1 &xercisin! supervisory functions over personnelK 051 &xercisin! functions of position involvin! national securityK 0>1 6avin! access to confidential or classified information unless authori4ed by proper authoritiesK 0=1 Occupyin! re!ular plantilla positionsK 0<1 6avin! such services credited as !overnment service and availin! themselves of retirement benefitsK 0;1 ?sin! facilities and resources of the office for partisan political purposesK and 091 Receivin! any pecuniary benefits such as honoraria, allowances and other per*uisites of office# C2 Other Rt# Rt# !n$er the Con#t' 1) 6he rt to self0orgn.D$he rt to selfDor!n -6AN$ be denied to !ovt ees 0A@D

B, -50<11 o prov !rants to !ovt ees in the civ serv the rt to form unions en)oyed by wor.ers in the priv sector o parallel prov" A>, -E" $he rt of the ppl inc those unions/socs for purposes NO$ contrary to law -6AN$ be abrid!ed# o ->, par 5, A/> 0-oc 7ust and 6um Rts1" mandate the -tate to C th rts of all wor.ers to selfDor!n, +B and ne!os and peaceful concerted aciivities inc the rt to stri.e in accordance w/ law o A# ees of pub secor comprise the lar!est bloc of wor.ers in our natl wor.force Covt bureaucracys continually bein! re!orani4ed to cope w/ the !rowin! complexity of the probs and need of the potl and admin !overnance As the inc in the no of !ovt ees !rows, the need to enhance their welfare correspondin!ly becomes FOR& imperative 2hile it may be assumed that the !ovts exertin! efforts to advance the ints of its ees, its understandable that the ees themselves should actively see. arran!ements where they can parti more mn!fully in mn!t and ee rels $heres $6?- a proliferation of unions/ees or!ns, ea see.in! concomitant repnal reco! 0$upas v# Nat 6ousin! +orp /@E@1 o B# &H&N if theres NO statement of the rt to selfDor!n in the +onsti, !ovt wor.ers can form assocs for purposes NO$ contrary to law B?$ the constil !rant to !ovt wor.ers of the rt to form labor or!ns/unions O&-N$ !uarantee them the rt to bar!ain collctively w/ the !ovt/ena!e in concerted activities inc the rt to stri.e, w/c are en)oyed by priv ees $heyre prohibited fr sta!in! stri.es, demos, mass leaves, wal.outs and other forms of mass axns w/c will result in temp stoppa!e/disruption of pub servs -ince the terms and condis of !ovt employment are fixed by law, !ovt wor.ers +AN$ use the same weapons employed by wor.ers in the priv sector to secure concessions fr their ers ,n the absence of a clear and dir le!is auth allowin! !ovt ees to stri.e, reco!ni4in! their rt to do so/re!ulatin! the exer of that rt, theyre PRO6,B,$& fr stri.in! by express prov of Femo +irc ; 0/@E91 of +-+ and as implied in &O /E8 0/@E91 &es of the --- are part of the +iv -erv 0--- &es Assoc v# +A /@E@1 o +# !ovt ees who )oin, parti/ta.e part in any prohibited concerted activity/mass axn, w/c result in the disruption of wor./serv, shall be held administratively liable for the offense of conduct pre)udicial to the best in of the serv Rt to selfDor!n of !ovt ees O&-N$ carry w/ it the rt to en!a!e in any form of prohibited concerted mass axn resultin! in wor. stoppa!e/disruption of pub serv Prohibited concerted activity/mass axn refers to Gany collective activity underta.en by !ovt ees either by themselves/thru their ees or!ns, w/ the intent of effectin!

54

wor. stoppa!e/serv disruption in order to reali4e their demands/force concessions, econ/otherwise, fr their respective a!encies/the !ovt B?$ a concerted activity/mass axn Gdone outside of !ovt ofc hrsM may be allowed and -6AN$ be deemed prohibited so lon! as such 2O?' N$ result in disruption of wor. Covt a!encies -6AN$ approve/warrant mass leave of absences substantially intended to enable ees to )oin/ta.e part in prohibited mass axns Fass leave of absences occur when G</more ees of the same a!ency apply for leave simultaneously/almost at the same time under circs evidencin! collusion/comm# desi!n to parti in a prohibited mass axnM ,n case the mass leaves anchored on health reasons, the approvin! auth should l. into its veracity and re*uire ees to submit med certs upon their return to wor. Approval of vacation leave should ',&I2,-& be ri!orous as to ensure that the leave 2ON$ be used for en!a!in! in mass axn -,Fi'AR'(, offs who approve mass leave applis to enable ees to )oin mass axns will be sub) to admin sanction 0+-+ Resoln 85D/>/; D Omnibus Rs on Prohibited +oncerted Fass Axns in the Pub -ector1 o Covt ees have, 6O2&H&R, the R$ $O +O''&+$,H& N&CO in accordane w/ law New concept in the +onsti for resolvin! disputes/potential /s bet er and ees# ,ntended P,RFAR,'( for unor!ani4ed labor and !ovt wor.ers, it calls for disc RA$6&R than confrontation in order to reach a soln to ,s affectin! both ps# +on! has (&$ to define the conept and provide the mech to carry out the constil intent# 2) 6he rt to protn of temp ees.Dtemp ees of the !ovt shall be !iven such protn as may be established by law 0A@DB, -50;11 o ees in the !ovt !iven temp apptments ON$ en)oy secu of tenure o they may be replaced anytime a *ualified civ serv eli!ible becomes available/at the discretion of the appointin! auth w/ or w/o cause NO$2-$AN ,NC that their perf meets the stands of pub serv demanded of them o the aim of the provs to prevent indiscriminate dismissals of temp ees and to see to it that their sepn/replacement is made ON'( for )ustifiable reasons o the rt of an orfcer/ee in the +iv -ev NO$ to be removed/suspended & for cause as provided law law 0A@, -50>11 -) 7reedom of mems of 'ong fr arrest and fr being Aed.D AR$,+'& H, % $6& '&C,-'A$,H& &PAR$F&N$ Se t'on 11# A -enator or Fember of the 6ouse of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privile!ed from arrest while the +on!ress is in session# No Fember shall be *uestioned nor be held liable in any other place for any speech or debate in the +on!ress or in any committee thereof# Crants parliamentary immunities to mems of +on! 5) 6he rt %/6 to be removed$suspended . for cause provided by la#.00

,mplicit in the constil prohi v# removal/suspension & for cause, is the existence of a char!e, due hearin! and findin! of !uilt by the proper auth ,''?-$RA$,H& +A-&" Pp -2 Da)o#Bo# 5888 Accused0appellant asKs that he be allo#ed to fully dicharge his duties as 'ongressman &. "86. his havign been convicted for a non0bailable offense. 7acts! AccusedDappellant RC7 is a fullDfled!ed mem of +on! confined at the natl penitentiary while his conviction for stat rape on 5 counts and acts of lasciviousness on ; counts is pendin! appeal o 6e filed a motion as.in! that he be allowed to fully dischar!e the duties of a +on!ressman, ,N+ attendance at le!is sessions and committee mt!s &-P,$& his havin! been convicted in the / st instance ofa nonDbailable offense 8ssue! oes membership in +on! exempt an acused fr stats and Rs w/c apply to validly incarcerated persons in !enJ Held!

1) All top offs of the 9ovt are subj to la#.00 2e start with the incontestable proposition that all top officials of CovernmentDexecutive, le!islative, and )udicial are sub)ect to the ma)esty of law# $here is an unfortunate misimpression in the public mind that election or appointment to hi!h !overnment office, by itself, frees the official from the common restraints of !eneral law# Privile!e has to be !ranted by law, not inferred from the duties of a position# ,n fact, the hi!her the ran., the !reater is the re*uirement of obedience rather than exemption# 2) 8mmunity fr arrest of mems of 'ong. DD $he immunity from arrest or detention of -enators and members of the 6ouse of Representatives, the latter customarily addressed as +on!ressmen, arises from a provision of the +onstitution# $he history of the provision shows that the privile!e has always been !ranted in a restrictive sense# $he provision !rantin! an exemption as a special privile!e cannot be extended beyond the ordinary meanin! of its terms# ,t may not be extended by intendment, implication or e*uitable considerations# -) +ationale behind confinement.DD $he confinement of a +on!ressman char!ed with a crime punishable by imprisonment of more than six months is not merely authori4ed by law, it has constitutional foundations# One rationale behind confinement, whether pendin! appeal or after final conviction, is public selfDdefense# -ociety must protect itself# ,t also serves as an example and warnin! to others# A person char!ed with crime is ta.en into custody for purposes of the administration of )ustice# As stated in :nited tates v. 9ustilo,T>U it is the injury to the public #hich tate action in criminal la# seeKs to redress. 8t is not the injury to the complainant. After conviction in the +egional 6rial 'ourt, the accused may be denied bail and thus subjected to incarceration if there is risK of his absconding.I5J 5) Chat accused0appellant see.s is NO$ of an emer!ency nature#DD &mer!ency or compellin! temporary leaves from imprisonment are allowed to all prisoners, at the discretion of the authorities or upon court orders# 2hat the accusedDappellant see.s is not of an emer!ency nature# Allowin! accusedD

55

appellant to attend con!ressional sessions and committee meetin!s for five 0<1 days or more in a wee. will virtually ma.e him a free man with all the privile!es appurtenant to his position# -uch an aberrant situation not only elevates accusedDappellants status to that of a special class, it also would be a moc.ery of the purposes of the correction system#

are"

<) 2imitations on his freedom of a4n Kno#n to voters #ho elected him. DD 2hen the voters of his district elected the accusedDappellant to +on!ress, they did so with full awareness of the limitations on his freedom of action# $hey did so with the .nowled!e that he could achieve only such le!islative results which he could accomplish within the confines of prison# $o !ive a more drastic illustration, if voters elect a person with full .nowled!e that he is sufferin! from a terminal illness, they do so .nowin! that at any time, he may no lon!er serve his full term in office# )) 8 boils do#n to A of constil Q protn.DD oes bein! an elective official result in a substantial distinction that allows different treatmentJ ,s bein! a +on!ressman a substantial differentiation which removes the accusedD appellant as a prisoner from the same class as all persons validly confined under lawJ o $he performance of le!itimate and even essential duties by public officers has never been an excuse to free a person validly in prison# $he +ourt cannot validate bad!es of ine*uality# $he necessities imposed by public welfare may )ustify exercise of !overnment authority to re!ulate even if thereby certain !roups may plausibly assert that their interests are disre!arded#T@U o 2e, therefore, find that election to the position of +on!ressman is not a reasonable classification in criminal law enforcement# $he functions and duties of the office are not substantial distinctions which lift him from the class of prisoners interrupted in their freedom and restricted in liberty of movement# 'awful arrest and confinement are !ermane to the purposes of the law and apply to all those belon!in! to the same class#T/8U ,) 8ncarceration changes an indiv(s status in soc.00 VimprisonmentV in its !eneral sense, is the restraint of ones liberty# As a punishment, it is restraint by )ud!ment of a court or lawful tribunal, and is personal to the accused#T/5U o ,t can be seen from the fore!oin! that incarceration, by its nature, chan!es an individuals status in society#T/;U Prison officials have the difficult and often than.less )ob of preservin! the security in a potentially explosive settin!, as well as of attemptin! to provide rehabilitation that prepares inmates for reDentry into the social mainstream# Necessarily, both these demands re*uire the curtailment and elimination of certain ri!hts#T/9U

Rt# !n$er the C'- Ser- De an$ the ne. A$('n Co$e 0&O 5@5 O-N$ cover NOR attempt to cover the entire sub) matter of the Rev Admin +ode# $here are several matters treated in the latter w/c AR&N$ found in the fmr, such as the provs on notaries pub, leave law, pub bondin! law, mil reservations, claims for in), death/sic.ness under -;@@, vacation leaves of )ud!es under -59/ and others# $heres NO le!is intent to repeal/supplant the +ode w/ the new +ode 0Fecano v# +OA /@@51 1) 6he rt to pref in promo.D Amon! the Rs for the recruitment and seln of ees

a) >acancy occurs in a pos in 1 st lev of career ev.Dthe ees in the dept who occupy the nxt lower positions in the occul !rp under w/c the vacant positions classified, and in other fxnally related occul !rps and who are competent, *ualified and w/ the appropriate civ serv el!ibility, shall be considered for promo o b) >acancy occurs in a pos in 2 nd lev of 'areer erv.Dthe ees in the !ovt serv who occupy the nxt lower positions in the occul !rp under w/c the vacant pos is classified and in other fxnally related occul !rps and who are competent, *ualified and w/ the appropriate civ serv eli!ibility, shall be considered for promo ea dept/a!ency shall evolve its own screenin! process, w/c may include tests of fitness, in accordance w/ stands and !uidelines set by the +-+ promo board shall be formed to formulate criteria for evaln, conduct tests and/or interviews, and ma.e systematic assessments of trainin! and exp o c) >acancy %/6 filled by promo as provided above.D it shall be fiilled by transfer of pres ees in the !ovt serv, by reinstatement, by reemployment of persons separated thru reduction in force, or by apptment of persons 0ex# outsiders1 w/ the civ serv eli!ibility appropriate to the positions 0applies where a new ofc/pos is created in the course of a valid reor!n D Panis v# +-+ /@@=1 o d) +t to appeal of 3ualified n4t0in0ranK.D A *ualified nxtDinDran. ee shall hve the rt to appeal initially to the secs/head sof a!encies/instrumentalities inc CO++s w/ ori! charters @ then to Ferit -ys Protn Board and finally to the +iv -erv +omm, an apptment made in favor of another ee if the appellants NO$ satisfied w/ the written sp reason/s !iven by the appointin! auth for such apptment decision of the +omm may be appealed to the +A and thence, to the -+ for this purpose, G*ualified nxtDinDran.M refers to an ee appointed on a perma basis to a pos previously detd to be nxtDinDran. to the vacancy proposed to be filled and who meets the re*s for apptment thereto as previously detd by the appointin! auth and approved by the +omm 0P E89, -/@1 a protest case filed w/ the +-+ Ain! an apptmnts NO$ strictly an adversary proceedin! where the protestant and protestee play active roles its an axn of the protestant v# a detn made by the appointin! auth, a detn w/c ON'( the appointin! auth could defend inasmuch as its the latter who .nows the reasons for such detn its the appointin! auth who stands adversely affected where the +-+ disapproves the apptmnt made its parti in the detn of the , is, $6&R&BOR& indispensable 0+B v# +-+ /@E@1 2) 6he rt to pres complaints and grievances.D &es have the rt to pres their o

+iv serv covers ON'( CO++s w/ ori!/le!is charters" those created by an a tof +on!/by sp law, and NO$ those incorporated under and pursuant to a !en le!is

56

complaints/!rievances to mn!t and have them ad)udicated as expeditiously as possible in the best int of the a!ency, the !ovt as a whole, and the ee concerned o such complaints/!rievances shall be resolved at the lowest possible lev in the dept/a!ency and the ee shall have the rt to appeal such decision to hi!her auths o ea dept/a!ency shall promul!ate Rs and re!ns !overnin! expeditious, fair and e*uitable ad)ustment of ees complaints/!rievances in accordance w/ the policies enunciated by the +-+ 0'ue!o v# +-+ /@E;1 o in case any dispute remains unresonlved after exhaustin! all the avialble remedies under existin! laws and procedures, the ps may )ointly refer the dispute to the "ub ector 2abor Mngt 'ouncil constituted under the Admin +ode of /@E9 0&O 5@5, ->91 o in every 'C?, loc chief exec shall est a procedure to in*uire into, act upon, resolve/settle complaints and !rievances presented by 'C ees 0RA 9/;8, -E>1 -) 6he rt %/6 to be suspended$dismissed . for cause as provided by la# and after &" 0P E89, ->;1#R+h E 5) +t to organi@e.DCovt ees -6AN$ be discriminated v# in respect of their employment by reason of their membership in ees or!ns/parti in the normal activities of their or!ns o $heir employment -6AN$ be sub) to the condi that they -6AN$ )oin/shall relin*uish their emmbership in the ees or!ns o Covt auths -6AN$ interfere in the estab, fxnin!/admin of !ovt ees or!ns thru acts desi!ned to place such or!ns under the cont of !ovt auth 0&O 5@5, +h ;, -=81

fide for the best int of the pub serv and the person chosen has the needed *ualns 0$orio v# +-+ /@@51 -) &iscretion of appointing auth.D B?$ this ,-N$ always true and the law O&-N$ preclude the infusion of new blood, youn!er dynamism/nec talents into the !ovt serv o rulin! in Fillares v# -ubido 0/@;91 has been superseded by later decisions in subse*uent cases w/c held that the nxt in ran. Rs NO$ absoluteK it applies ON'( in promo o even in promos, it can be disre!arded for sound reasons made .nown to the nxt in ran. o appointin! auth under the laws allowed to fill vacancies by promo, transfer of pres ees, reinstatement, reemployment and apptment to of outsiders who have appropriate civ serv eli!ibility, NO$ necessarily in that order 0'ue!o v# +-+1 o theres NO le! fiat that a vacancy F?-$ be filled ON'( by promo o the appointin! auths !iven wide discretion to fill the vacancy amon! the several alts provided for by law 5) /verriding factor.Dintent of +iv -erv 'aws NO$ merely to bestow upon perma ees the adv arisin! fr their lon! employment B?$ to foster FOR& efficient pub serv o any other factor must yield to the demand for an efficient !ovt w/c necessarily entails the apptment of competent, *ualified and proficient personnel

Ne,t>'n>ranE r!)e 1) %/6 a manda re3t.DGnxtDinDran.M R specifically applies ON'( in promo o R O&-N$ !rant a vested rt 6/imposes ministerial duty on appointin! auth to promote to nxt hi!her pos 0Fedenilla v# +-+ /@@/1 o 2hos nxt in ran. to a vacancys !iven prefl consid for B?$ O&-N$ ff he A'ON& can be appointed o $o apply the nxt in ran. R peremptorily would impose a ri!id formula on the appointin! power contrary to the policy of the law that amon! those *ualified and eli!ible, the apptin! auths !ranted discretion and prero of choice of the / he deems fit for apptment o All the +-+s allowed to dos to chec. 2ON the appointee possesses the appropriate civ serv eli!ibility/re*d *ualns o NO other criterions re*d 0'ue!o v# +-+1 o Ferit, w/c is a criterion distinct fr lon!evity/len!th of serv, F?-$ also be reco!ni4ed and whenever authori4ed by law, rewarded 0,n Re 7ud!e Alex W# Reyes /@@51 2) +eason for +.Dalthou!h theres NO manda/peremptory re*t that a person nxt in ran.s entitled to pref in apptmnet, purpose of +iv -erv 'aw dictates that persons who are *ualified and nxt in ran. -6O?' be !iven prefl consid when fillin! up a vacated pos thru promo 0Feram v# &dralin /@E91 o pref !iven to old/perma ees assumes that ees wor.in! in an ofc for lon!er pd have !ained superior s.ills and !reater dedication to the pub serv PRO H, & that the acts of the appointin! power are bona

,''?-$RA$,H& +A-&" Mera( -2 E$ra)'n /@E9 6he appointee(s E or 1? salary ranges belo# the n4t0in0ranK personnel. 7acts! & was appointed to the pos of Admin Ofcer H, RD9>, in the Bureau of Borest evt 0BBO1 A'$6O?C6 she was @ or /8 salary ran!es B&'O2 the nxt in ran. personnel o F appealed to the Ferit -ystems Board 0F-B1 o F-B and +-+" &s NO$ the ee whos nxt in ran. o -he filed a letter pet w/ the Ofc of the Pres invo.in! -/@0;1, P E89 6er pet to the Pres in the form of a letter RA$6&R than an appeal, started by introducin! herself as GBilipinaDHilleseD &dralin, the wife of &fren &dralin of -arrat, ilocos NorteM $he Pres o. co!ni4ance of the letter :cause on top of it appeared a note in his purported hdwritin!" G@ Far /@E<# 7ust 'a4aro, $ell ir +ortes to suspend everythin! pendin! study the Ofc of the Pres# Prepare decision on appeal for recon 0-!d#1 ,lle!ibleM o ', Presl 'e! Asst, rendered the Aed decision, w/c ordered the apptment of &# 8ssues! /1 2ON the Ofc of the Pres acted correctly in ta.in! co!ni4ance of &s letterD pet and passin! upon it, and thereafter settin! aside the decisions of the F-B and +-+ 51 2ON the Presl Asst on 'e! Affairs !ravely abused his discretion when he disre!arded and declared as null and void the decisions of the F-B and resoln of the +-+ w/c had already become fin and executory and had already been enforced, executed and implementedJ Held!

57

1) "o#er of rv# by /f of "res taKen a#ay.00 $here is nothin! in -/@0;1, P E89 which connotes exclusivity of )urisdiction in the Office of the President to ta.e co!ni4ance of the specific cases cited above# Burthermore, even if it were so, with the promul!ation of P# # No#/=8@, this power of review by the Office of the President was not only divested of its exclusivity but was, in fact, repealed alto!ether# $he petitioner, therefore, correctly filed her protest with the F-B in accordance with P# # No# /=8@# Foreover, respondent &dralin is now estopped from *uestionin! the orders of the F-B and the +ommission since she submitted to the )urisdiction of these two bodies by filin! for reconsideration with the F-B and upon denial of the same, by appealin! to the +ommission# 2) +esp belo# n4t0in0ranK personnel.D,n the case at bar, the BB personnel who are considered nextDinDran. to the vacated position were ,dentified# Respondent &dralin was not one of them# ,n fact, she was nine or ten salary ran!es below the nextDinDran. personnel# -ubse*uently, the F-B made the same findin! in its decision# &vidently, therefore, the foremost consideration why respondentZs appointment was ordered by the Office of the President notwithstandin! the fact that petitioner was more *ualified and that she was nextDinDran. was because of her petition to the President in the form of a letter rather than an appeal and which started by introducin! herself as VBilipina HillesesD&dralin, wife of &fren &# &dralin of -arrat, ,locos Norte#V -) +esp(s apptment based on e4traneous consids.00 $he clear intent of her letterDpetition was not to appeal in accordance with P# # No# E89 but to elicit some .ind of favorable response from the President based on considerations of blood ties, influence, or ethnic and re!ional affiliations# $o a certain extent she succeeded but this +ourt must stri.e down the practice of political, ethnic, reli!ious, or blood ties bein! used to !et choice appointments for it !oes a!ainst the very purpose behind the establishment of the civil service in our country# 5) "et more deserving of apptment.DD As earlier stated, appointments under the civil service law should be based on merit and fitness and should never depend on how intimate a friend or how closely related an appointee is to the powers that be# And !rantin! that the respondent possesses the *ualifications re*uired for the contested position, it cannot be denied that the petitioner e*ually possesses the same *ualifications, if not in !reater de!ree, and more important, she is nextDinD ran. to the vacated position# $herefore, she deserves to be appointed to the disputed item# Per#onne) a,n#

(a) Appointment through certification. An appointment throu!h certification to a position in the civil service, except as herein otherwise provided, shall be issued to a person who has been selected from a list of *ualified persons certified by the +ommission from an appropriate re!ister of eli!ibles 0i#e#, list of names of those who passed competitive exams1, and who meets all the other re*uirements of the position# (b) "romotion. A promotion is a movement from one position to another with an increase in duties and responsibilities as authori4ed by law and usually accompanied by an increase in pay# $he movement may be from one department or a!ency to another, or from one or!ani4ational unit to another in the same department or a!ency# Amon! the facts that may be considered int eh promo of a civ serve e are" perf ratin!, educ and trainin! relevant to the dutieso fht epos to be filled, wor. exp and outstandin! accomplishments, phys fitness, attis and pers traits w/c have a bearin! onteh pos to the filled and potentioal/capability NO$ only to perf the duties and resps fothe pos to be filled, B?$ also those of hi!her and more rresp positions 0+B v# +-+1 o $eolo!o v# +-+ /@@8" Promotions in the +ivil -ervice should always be made on the basis of *ualifications, includin! occupational competence, moral character, devotion to duty, and, not least important, loyalty to the service# $he last trait should always be

local chief executive may employ emer!ency or casual employees or laborers paid on a daily wa!e or piecewor. basis and hired throu!h )ob orders for local pro)ects authori4ed by the san!!unian concerned, without need of approval or attestation by the +ivil -ervice +ommission" Provided, further, $hat the period of employment of emer!ency or casual laborers as provided in this -ection shall not exceed six 0;1 months# -&+# 9E# 'ivil ervice 2a#, +ules and +egulations, and /ther +elated 8ssuances. D All matters pertinent to human resources and development in local !overnment units shall be !overned by the civil service law and such rules and re!ulations and other issuances promul!ated pursuant thereto, unless otherwise specified in this +ode# -&+# 9@# 2imitation on Appointments# D No person shall be appointed in the career service of the local !overnment if he is related within the fourth civil de!ree of consan!uinity or affinity to the appointin! or recommendin! authority# -&+# E8# "ublic %otice of >acancyH "ersonnel election Board# D 0a1 2henever a local chief executive decides to fill a vacant career position, there shall be posted notices of the vacancy in at least three 0>1 conspicuous public places in the local !overnment unit concerned for a period of not less than fifteen 0/<1 days# 0b1 $here shall be established in every province, city or municipality a personnel selection board to assist the local chief executive in the )udicious and ob)ective selection of personnel for employment as well as for promotion, and in the formulation of such policies as would contribute to employee welfare# 0c1 $he personnel selection board shall be headed by the local chief executive, and its members shall be determined by resolution of the san!!unian concerned# A representative of the +ivil -ervice +ommission, if any, and the personnel officer of the local !overnment unit concerned shall be ex officio members of the board#

PD :F7, S4=, par 4& Se t'on 4=2 "ersonnel Actions. As used in this ecree, any action denotin! the movement or pro!ress of personnel in the civil service shall be .nown as personnel action# -uch action shall include appointment throu!h certification, promotion, transfer, reinstatement, reD employment, detail, reassi!nment, demotion, and separation# All personnel actions shall be in accordance with such rules, standards, and re!ulations as may be promul!ated by the +ommission#1?

10

'C+" -&+# 99# +esponsibility for Human +esources and &evelopment. D $he chief executive of every local !overnment unit shall be responsible for human resources and development in his unit and shall ta.e all personnel actions in accordance with the +onstitutional provisions on civil service, pertinent laws, and rules and re!ulations thereon, includin! such policies, !uidelines and standards as the +ivil -ervice +ommission may establish" Provided, $hat the

58

!iven appropriate wei!ht, to reward the civil servant who has chosen to ma.e his employment in the Covernment a lifetime career in which he can expect advancement throu!h the years for wor. well done# Political patrona!e should not be necessary# 6is record alone should be sufficient assurance that when a hi!her position becomes vacant, he shall be seriously considered for the promotion and, if warranted, preferred to less devoted aspirants# (c) 6ransfer. A transfer is a movement from one position to another which is of e*uivalent ran., level, or salary without brea. in service involvin! the issuance of an appointment# ,t shall be considered disciplinary when made in the interest of public service, in which case, the employee concerned shall be informed of the reasons therefore# ,f the employee believes that there is no )ustification for the transfer, he may appeal his case to the +ommission# $he transfer may be from one department or a!ency to another or from one or!ani4ational unit to another in the same department or a!ency" Provided, however, $hat any movement from the nonDcareer service to the career service shall not be considered a transfer# Bentain v# +A /@@5" a temporary transfer or assi!nment personnel is permissible even without the employeeZs prior consent, it cannot be done when the transfer is a preliminary step toward his removal, or is a scheme to lure him away from his permanent position, or desi!ned to indirectly terminate his service, or force his resi!nation# -uch a transfer would in effect circumvent the provision which safe!uards the tenure of office of those who are in the +ivil -ervice 0consti removal fr ofc w/o cause1#

positions in the career service and who have been separated as a result of reduction in force and/or reor!ani4ation, shall be entered in a list from which selection for reemployment shall be made# (f) &etail. A detail is the movement on an employee from one a!ency to another without the issuance of an appointment and shall be allowed, only for a limited period in the case of employees occupyin! professional, technical and scientific positions# ,f the employee believes that there is no )ustification for the detail, he may appeal his case to the +ommission# Pendin! appeal, the decision to detail the employee shall be executory unless otherwise ordered by the +ommission# 11 (g) +eassignment. An employee may be reassi!ned from one or!ani4ational unit to another in the same a!ency" Provided, $hat such reassi!nment shall not involve a reduction in ran., status or salary# O$6&R2,-&, such reaassi!nment would, in effect, consti constructive removal and violate his rt to secu of tenure 0Bentain v# +A1 o A reassi!nment, O&-N$ re*uire the ,ance of an apptment

Rt# !n$er the Re-'#e$ /o-t Ser- In# A t & nonDperma ees who were in the serv as of the ecfectivity of RA E5@/ w/c amended P //=;, membership in the C-,- shall ta.e effect upon the ees assumption to duty pursuant to a valid apptmnt/elec and oath of ofc o Fembership in C-,- for NONperma ees who were in the serv as of the effecitivity of RA E5@/ t. effect on 7une 5= @9 Br!y and san! offs who rcv basic pay/salary are covered o B?$ those who rcv per diems/honoraria ON'( AR&N$

(d) +einstatement. Any person who has been permanently appointed to a position in the career service and who has, throu!h no delin*uency or misconduct, been separated therefrom, may be reinstated to a position in the same level for which he is *ualified# /# $he +omm has the auth to order the reinstatement of a !ovt ofcer/ee whos been unlawfully demoted/dismissed 0Cayatao v# +-+ /@@51 5# Receipt by the dismissed ee of his sep and terminal leave pay was held NO$ fatal to his appeal for reinstatement where his acceptance of the bene was dictated more by econ necessity rather than by a desire to leave !ovt emplioyment as shown by his acts of protestin! his dismissal and then appealin! to the +-+ for reinstatement 9d after rcvin! said benes 0 ytiaco v# +-+ /@@51 ># $he award of B2 has been limited to a max pd of <yrs 0-an 'uis v# +A /@E@1 =# 2here reinstatement involves the exer of sound )ud!ment and discretion by the appointin! power, absent a showin! of clear and certain rt by a separated ee, the remedy of mandas NO$ available o writ will lie ON'( to compel the perf of a ministerial duty 0$orre!o4a v# +-+ /@@51

+omp covera!e of elective offs shall cease upon the expiration of their term of ofc/5 ?niformed mems of the ABP and PNP and those who AR&N$ rcvin! basic pay/salary 0per diems, honoraria/allowances1 are exclucded in the comp membership of the C-,o All mems, & the mems of the 7ud adn the +onstil +omms, are

11

$ransfers temp w/c O&-N$ involve a reduction in ran., status/salary and re*uires ON'( an off order# ?nder a set of policies ,ed by +-+, details allowed ON'( for a max pd of /yr, ext w/c shall depend on the consent of the detailed ee and shall be w/in the auth of the mother a!ency# A detailed ee rcvs salary fr the mother a!ency# urin! the pd of detail, the mother a!ency relin*uishes admin super over the detailed ee to the rcvin! a!ency the auth to discipline detailed ees still vested in the appointin! auth of the mother a!ency where they belon!, B?$ the rcvin! a!ency has the rt to initiate/file a complaint v# a detailed ee should admin case raised fr acts done by said ee in the rcvin! a!ency if theres NO )ustifiable reason for the detail, an affected ee may appeal the matter to the appropriate re!ional ofc of the +-+# Pendin! such appeal, the detail shall be executory ?N'&-- otherwise ordered by the +-+ re!ional ofc# $he decision of the +-+ re!ional ofc may further be appaled before the +-+ head ofc# 12

(e) +e0employment. Names of persons who have been appointed permanently to

'i.e other ees, they ON'( have th eoption to conti w/ their life ins covera!e so lon! as theyll pay BO$6 the ees and ers shares of the life inscovera!e# Re his soc secu covera!e, the elective off shall conti to be a mem and shall be entitled to benes that provide for contin!encies 0 eath, disabil/sep1 sub) to satisfy of eli!ibility condis

59

mandated to pay contris in accordance w/ the sched provided +overed ees are entitled to the ff benes"/> 1) +etirement benes.15DOld a!e pension shall be paid to a mem who" o a# has at leat /<yrs of servK o b# is at least ;8yrs of a!eK and o c# ,-N$ rcvin! a monthly pension bene fr perma tot disabil retirement shall be comp at a!e ;<# o A retiree has 5 options" $he <yr lump sum 0;8xbasic monthly pension1 L basic monthly pension 0BFP1 for life startin! at the <yr !uaranteed pd OR $he cash payment 0/ExBFP1 L the BFP for life startin! immediately upon retirement o $he min BFPs P/>88 and the max if P@. dependin! on the retirees ave monthly comp 0AF+1 an dno of yrs of serv o ?N'&-- the serv is extended by appropriate auths, retirement shall be comp for an ee at ;<yrs of a!e w/ at least /<yrs of serv o ,f he has O /<yrs of serv, he shall be allowed to conti in the serv to complete the /<yrs 0P //=;, -/># $he completion of the /<yr serv re*t under this prov parta.es of the nature of a priv !iven to ees whove reached the comp retirement a!e but has O /<yrs of serv so that they may be entitled to the benes of the oldDa!e pension# $heyre allowed at the discretion of a !ovt ofc/a!ency concerned, to complete the /<yrs serv re*t 0+ena v# +-+ /@@51# B?$ a rd! of the prov would indicate tha the sub) ee has the rt to conti serv to complete /<yrs and thta the ofc/a!ency where hes emplyed +AN$ but allow the exer of such rt 0Padilla, concurrin!1 2) epn benes.Din the form of o cash payment e*uiv to /88P of his AF+ fr ea yr of serv he paid contris B?$ N$ O P/5. payable upon reachin! ;8yrs of a!e upon sepn, w/cever comes later, o or cash payment e*uiv to /Etimes the BFP at the time of resi!/sepn and a life pension to start at a!e ;8 to be !iven to those separated fr the service w/ at least /<yrs serv and are below ;8yrs of a!e 0-//1 -) :nemploymnt$involuntary sepn benes.D ,ts payableto a perma ee involuntarily separated fr the serv due to reor!n, mer!er/privati4ation, whos paid the stipulated /5monthly inte!rated contris o in the form of monthly cash payments e*uiv to <8P of the AF+ o its duration on the len!th of serv and ran!es fr 5D;mos 0-/51 5) &isabil benes.DA mem shall be entitled to the perma tot/partial disabil benes effective fr the date of his/her disabil, provided that s/he" o a# is in the serv at the time of disabilK OR

b# is separated fr the serv and has paid A$ '&A-$ >; monthly contris w/in the <yr pd imemdiatey preceedin! the disabil/has paid a tot of at least /E8 monthly contris prior to the disabil 0P //=;, -/<D/9# A mem w/ at least >yrs of serv B?$ 6A-N$ paid the >;monthly contris is eli!ible for perma tot disabil benes in the form of a cash payment e*uiv to /88P of the AF+ for every yr of serv he paid contris B?$ NO$ O P/5.1 a mem who suffers temp tot disabil for reasons NO$ due to !rave misconduct, notorious ne!, habitual intoxication/willful intention to .ill himself/another may be entitled to benes if s/he" o a# is in the serv at the time of disabil and has exhausted his sic. leave creditsK OR o b# if separated, has rendered at least >yrs of serv and has paid at least ; monthly contris in the /5mo pd immediately precedin! the disabil 0-/E# $he min benes P98/day while the max is P>=8/day1 o

<9 Se t'on 4F2 urvivorship 1enefits. 2hen a member or pensioner dies, the beneficiary shall be entitled to survivorship benefits provided for in sections seventeen and ei!hteen hereunder# $he survivorship pension shall consist of" 0/1 basic survivorship pension which is fifty percent of the basic monthly pensionK and 051 dependentZs pension not exceedin! fifty percent of the basic monthly pension payable in accordance with the rules and re!ulations prescribed by the -ystem# )) 7uneral benes.D$he amt of funeral bene shall be detd and specified by the C-,- in the Rs and re!ns B?$ -6AN$ be O P/5. to be increased to P/E. after <yrs upon the death of a d*ualified active mem, separated mem, pensioner and retiree 0-5>K amt increased to P58.1 ,) 2ife ins benes.1<DAll ees & mems of the ABP and PNP shall be compulsorily covered w/ life ins w/c shall atutomatically ta.e effect as ff" o a# for those employed after the effectivity of RA E5@/, their ins shall ta.e effect on the daet of their employmentK o b# for those whose ins will matur after the effecitivity of the Act, their ins shall be demeed renewed on the day ff the maturity/expirty date of their insK and o c# for those w/o any life ins as of the effecitvitiy of the Act, their ins shall ta. effect on the day ff said effectivity

Pen#'on $ef'ne$ re! allowances paid to an indiv/!rp of indivs by the !ovt in consid of servs rendered/in reco! of merit, civ/mil 0?- v# 6all1 Nat!re an$ p!rpo#e of pen#'on /1 $o a pub servant, pensions NO$ a !ratuity B?$ a form of deferred comp for servs performed 0Re Fonthly Pension fo 7ud!es and 7usts /@81 and his rt therto commence to vest upon his entry into the retirement sys and becomes
15 'C+, -<55" C-- is mandated to est anda dmin an appropriate sys under w/c the punion! br!y, san! br!y memes, br!y sec, br!y treas and mems of the br!y tanod shall en)oy ins covera!e as provide in the +ode and other pertinent laws#

13

the benes under the Act AR&N$ sub) to attachment, !arnishment, levy/other procs 0P //=;, s>>1# $6?-, the retiremenet pay accruin! to a pub ofcer may NO$ be w/held and applied to his indebtedness to the !ovt 0+ru4 v# $antuico /@EE1 14 -p laws !overn the retirement and related benes of mems of the )ud 0RA @/81, mems of the +on+oms 0RA /<;E1, and mems of the ABP 0RA >=81# RA ;;E> /@EE provides for benes for early retirement and vol sepn fr the !ovt serv as well as for involuntary sepn due to reor!n# ->>, P //=;" the benes !ranted there -6AN$ be sub) to detachment, !anihshmebnt, levy/other proc#

60

an enforceable obli! in ct upon fuulfilment of all condis under w/c its to be paid 51 Pension parta.es the nature of retained wa!es of the retiree for a double purpose" o /# $o entice/encoura!e faithful and competent ees to enter/remain in the serv o 5# $o allow the ees whove become incapacitated by illness/accid to conti dischar!in! his duties to retire fr the serv w/ a relative fin secu, $6?- allowin! youn!er and more vi!orous persons to ta.e their place 0Abad -antos v# Auditor Cen /@=91 in the face of a clear state policy, the burdens in the !ovt to show that an applcants NO$ *aulifeid for pension 0Animas v# Phil Heterans Affairs Ofc /@E@1

Pen#'on an$ grat!'t* $'#t'ng!'#he$ Cratuity % donation and act of pure liberality on the part of the state o S an act of !enerosity o an act of )ust emanatin! fr the desire to provide, A'$6O?C6 tardily, ade*uate comp for servs already rendered for w/c / 6A N$ rcved complete and ade*uate reward at the time when such servs were rendered benes accruin! under a !ovt serv ins policy AR&N$ !ratuities B?$ contractual obli!ations for the !ovt for w/c the insured has paid by means of the re*d salary deductions o N&,$6&Rs vacation and sic. leave/leave of absence w/ pay !iven to the pub ofcers/ees ,ts comp for servs rendered 0Re Fario v# +hanlion!co /@991 Con#tr! of ret're(ent )a.# Retirement benes rcvable by pub offs and ees are valuable parts of the consid for entrance into and continuation in pub employment o $hey serve a pub purpose and primary ob)ective in establishin! thems to induce abled persons to enter and remain in pub employment, and to render faithful and efficient serv while employed 0Orti4 v# +omelec /@EE1 and to permit them to retire therefr w/ relative secu, for themselves and their fams, NO$ only for those whove retained their vi!or, B?$ moreso for those whove been incapacitated by illness/accid 0Abad -antos v# Auditor Cen1 6&N+&, retirement laws/stats creatin! pensions bein! remedial in char, -6O?' be liberally construed and applied in favor of the persons intended to be benefited by them, and all doubts as to thee intent of the law should be resolved in favor of the retiree to achieve its humanitarian purposes so that the efficiency, secu and wellbei!n of !ovt ees may be enhanced 0Re Fon thly Pension of 7ud!es and 7usts1

for certain e7ud!es/7usts, when there are ample reasons behind ea !rant of an & o $he creditin! of accumulated leaves to ma.e up for lac. of re*d a!e/len!th of serv ,-N$ done indiscriminately B?$ on a case to case basis o ,n some instances, the lac.in! elemRsuch as the time to reach an a!e limit/comply w/ len!th of serv is de minimis o ,t could be that the amt of accumulated leave credits is tremendous in comparison to the lac.in! pd of time o -+s allowed a ma.in! up/compensatin! for lac. of re*d a!e/serv ON'( if satisfied that the career of the retiree was mar.ed by competence, inte! and dedication to the pub serv where it was ON'( a bowin! to the policy considerations and an acceptance of the realities of the potl will w/c brou!ht a mem of the )ud to premature retirement 0Re*uest of +ler. of +A for payment of retirement benes of 6on ,mperial1 Retirement benes, !ratuity and sepn pay in the !ovt serv are invariably computed on the basis of the hi!hest salary, emolument and allowances rcved o A retirin! )ust of the +As entitled to retirement benes computed on the basis of the hi!hest slarary emolument and allwances rcved as Actin! Presidin! 7ust of the +A, as of the time of his retirement fr the )ud 0Re Pineda /@@81 B?$ the doctrine of liberal construc of retirement laws +AN$ be applied where the clear intent of the applicable law and Rs are demonstrably v# the retirees claim 0Re 7u !e Reyes /@@51

16

$6?-, in the int of liberal construc/;, the -+s allowed seemin! &s to fixed Rs

Orti4 case" pet, a mem of the +omelec sumitted a letter placin! his pos at the Press disposal in response to Proc 9 of Pres A*uino ,ed /@E; when she called on all appointive pub offs to tender their courtesy resi! as a / st setp to restore confid in pub admin# -+" $he resi! lac.s the elem of clear intention to surrender his pos# RA$6&R, it manifests his submission to the will of the potl auth and the appintin! power# &*uity and )ust demand that he should be deemed to have completed his term albeit much ahead of the date stated in his apptment

,''?-$RA$,H& +A-&-" Sant'ago -2 COA /@@/ 1. 6he recomputation of pet(s retirement benes #as denied on the ground that the addl comp he rcved #as merely an honorarium an that he CA %6 appointed 1:6 M.+.2G designated. 7acts! Pet was employed in +OA as -tate Auditor ,H w/ a monthly salary of P9,5/@ o /@EE" Assi!ned to +OA Auditin! ?nit at O$+ and detailed to F,AA o 7uly / /@EE" BO of F,AA passed a resoln approvin! the desi! of pet as Asst CF of Bin and Admin sub) to the condis" /# 6ell retain hiis plantilla pos in +OA 5# 6is comp fr F,AA shall be the diff bet the salary of ACF for Bin and Admin F,AA and that of -tate Auditor ,H +OA and ># 6is retirement benes shall be char!eable v# +OA +OA interposed NO ob)ection to the proposal to pay him the diff bet his pres monthly salary of P95/@ and that of Asst CF w/c amts to P/>,8;E a mo/monthly diff of P<E=@, PROH, & that hes formally desi!nated NO$ appointed Asst CF by the BO , NA,AA and that payment of his salary differentials approved by the same ofc -?B-&A?&N$'(, the pet was desi!nated as Actin! Asst CF ofor Bin and Admin
paper# ,n line w/ the liberal approach, the -+ has considered sepn fr the !ovt of the pet as a result of courtesy resi!, NO$ vol resi!nation w/in the contemplation of the law B?$ a retirement fr the serv, $6?- entitlin! him to retirement benes under law#

61

o 8ssue! +orrect interp of &O @;;, -@" o -ec# @# 6i!hest basic -alary Rate# $he compensation of salary or pay which may be used in computin! the retirement benefits shall be limited to the hi!hest basic salary rate actually received by an official/employee as fixed by law and/or indicated in his duly approved appointment# $his shall include salary ad)ustments duly authori4ed and implemented by presidential issuance0s1 circular0s1, additional basic compensation or salary indicated in an appointment duly approved as an exception to the prohibition on additional or double compensation, merit increases, and compensation for substitutionary services or in an actin! capacity# Bor this purpose, all other compensations and/or frin!e benefits such as per diems, allowances, bonuses, overtime pay, honoraria, ha4ard pay, flyin! time fees, consultancy or contractual fees, or fees in correctin! and/or releasin! examination papers shall not be considered in the computation of the retirement benefits of an officialDemployee# o A was raised by pet in connection w/ the computation of his retirement benes w/c he claims 2A-N$ made in conformity to the re*t Held! 1) 'ases #hen addl$double comp specifically authori@ed by la#.00 ,n Auim@on v# /@aeta, 9 this +ourt held that double appointments are not prohibited as lon! as the positions involved are not incompatible, except that the officer or employee appointed cannot receive additional or double compensation unless specifically authori4ed by law# $he additional compensation received by the petitioner is not an issue in the case at bar because of its express approval by the +OA and the admission of the -olicitor Ceneral that it is allowed under -E, par B, A,Q of the +onsti# o Fore specifically, -ection /9 of Act No# =/E9 provides" Any existin! act, rule or order to the contrary notwithstandin!, no full time officer or employee of the !overnment shall hereafter receive directly or indirectly any .ind of additional or extra compensation or salary includin! per diems and bonuses from any fund of the !overnment, its dependencies, and semiD!overnment entities or boards created by law e4cept" 0/1 Officers servin! as chairman or members of entities and enterprise or!ani4ed, operated, owned or controlled by the !overnment, who may be paid per them for each meetin! actually attended or when an official travelK 051 Auditors and accountantsK 0>1 Provincial and municipal treasurers and their employeesK 0=1 &mployees servin! as observers of the 2eather BureauK and 0<1 $hose authori4ed to receive extra or additional compensation by virtue of the provision of this Act# 2) Addl comp rcved by pet #as a salary, %/6 merely honorarium.00 $he -olicitor Ceneral ar!ues, albeit not too stron!ly, that the additional compensation received by the petitioner was merely an honorarium and not a

6e served in this cap and collected the differential salary :til he was transferred to the Presl Fn!t -taff $he ff yr, he ret after wor.in! in the !ovt for ==yrs

salary# As a mere honorarium, it would not fall under the provision of -ection @ and so should not be added to his salary in computin! his retirement benefits# o 2e cannot accept this contention# An honorarium is defined as somethin! !iven not as a matter of obli!ation but in appreciation for services rendered, a voluntary donation in consideration of services which admit of no compensation in money# E $he additional compensation !iven to the petitioner was in the nature of a salary because it was receive by him as a matter of ri!ht in recompense for services rendered by him as Actin! Assistant Ceneral Fana!er for Binance and Administration# ,n fact, even +hairman omin!o referred to it in his letter dated 7uly /=, /@EE, as the petitionerZs Vsalary differential#V

-) Apptment, as used in the la#, includes designation.00 $he -olicitor CeneralZs main ar!ument is that the petitioner cannot invo.e -ection @ because he was not appointed to the second position in the F,AA but only desi!nated thereto# $he petitionerZs additional salary was fixed not in a duly approved appointment but only in a desi!nation# o -trictly spea.in!, there is an accepted le!al distinction between appointment and desi!nation# 2hile appointment is the selection by the proper authority of an individual who is to exercise the functions of a !iven office, desi!nation, on the other hand, connotes merely the imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment 0or election1# // A person may also be desi!nated in an actin! capacity, as when he is called upon to fill a vacancy pendin! the selection of a permanent appointee thereto or, more usually, the return of the re!ular incumbent# ,t is said that appointment is essentially executive while desi!nation is le!islative in nature# o Nevertheless, we a!ree with the petitioner that in the law in *uestion, the term VappointmentV was used in a !eneral sense to include the term Vdesi!nation#V ,n other words, no distinction was intended between the two terms in -ection @ of &xecutive Order No# @;;# 2e thin. this to be the more reasonable interpretation, especially considerin! that the provision includes in the hi!hest salary rate Vcompensation for substitutionary services or in an actin! capacity#V $his need not always be conferred by a permanent appointment# A contrary readin! would, in our view, militate a!ainst the letter of the law, not to mention its spirit as we perceive it# $hat spirit see.s to extend the maximum benefits to the retiree as an additional if belated reco!nition of his many years of loyal and efficient service in the !overnment# 5) +etirement la#s H/:2& be interpreted liberally in favor of the retiree.00 Retirement laws should be interpreted liberally in favor of the retiree because their intention is to provide for his sustenance, and hopefully even comfort, when he no lon!er has the stamina to continue earnin! his livelihood# After devotin! the best years of his life to the public service, he deserves the appreciation of a !rateful !overnment as best concretely expressed in a !enerous retirement !ratuity commensurate with the value and len!th of his services# $hat !enerosity is the least he should expect now that his wor. is done and his youth is !one# &ven as he feels the weariness in his bones and

62

!limpses the approach of the len!thenin! shadows, he should be able to luxuriate in the thou!ht that he did his tas. well, and was rewarded for it# 42 A))ar$e -2 COA /@@> "et(s re3uest for inclusion of the monthly allo#ance he(d been rcving fr the muni #here he #as assigned as M6' =duge in the computatiaon of retiremenet benes #as denied. 7acts! ,n computin! his total retirement pay, the Covernment -ervice ,nsurance -ystem 0C-,-1 included the amount of P5=8,888#88 representin! the fiveD year lump sum of the P=,888#88Dmonthly allowance which he had been receivin! from the Funicipality of Funtinlupa durin! his incumbency therein as )ud!e Pets claim for payment of the addl retirement bene was denied by +OA on the !round that the allowances contemplated in P /=>E w/c amended RA @/8, an Act providin! for retirement of )usts and )ud!es are Gtranspo, lilvin! and repn allowances w/c are deemed as commutable in char and 6&N+&, parta.e of the nature of addl comp, while the allowances the pet had been collectin! fr the muni were NONDcommutable in nature/reimbursable in char, let alone the fact that theres NO indication as to 2ON they were transpo, livin! and repn allowances as provided in ->, P /=>E o -aid allowances are expense items that +AN$ be e*uated w/ salary/comp for purposes of computin! retirement benes 8ssue! 2ON the P=. monthly allowance shold be included in the retirment benes of the pet Held!

municipalities that can !ive less substantial amounts or none at all# 52 /SIS -2 CSC /@@< %/ deductions #ere made fr the salaries of a >9 availing of retirement benes during the pd that she served as such. 7acts! Resp B held the pos of HC of +api4 fr ec >/ 9; to ec >/ 9@ on a holdover cap on a fullDtime basis B?$ was paid on a per diem basis o Althou!h the amts rcved were denominated as per diem, theyre considered as comp and, $6&R&BOR&, the !ovt serv rendered is creditable in computin! th len!th of serv for retirement purposes# o 6O2&H&R, NO deductions were made fr her salaries durin! the disputed pd when she served on a per diem basis# 8ssue! +an an ee avail of retiremenet ebnes notwstandin! his failure to ma.e contris to the C-,- for the duration he was rcvin! per diem as compJ Held!

1) Allo#ance in the nature of reimbursement for e4penses.00 the provisions of -ection >, P# # No# /=>E, which are clear and unambi!uous, should be !iven their plain and natural meanin!# ,nasmuch as the law limits the computation of the lump sum of < yearsZ !ratuity to Vthe hi!hest monthly salary plus the hi!hest monthly a!!re!ate of transportation, livin! and representation allowances that the )ud!e was receivin! on the date of his retirement,V it is understood that other allowances are excluded# 8nclusio unius est e4clusio alterius# o $he amts rcved by pet were in the nature of reimbursement for expenses w/c he certified were incurred by me while performin! my duties 2) Allo#ance to be treated as honorarium.00 'etter of ,nstruction No# /=/E which authori4es local !overnments to pay additional allowances to )ud!es of the courts within their territorial )urisdiction, limits the amount of such allowance 0to P>.1 and does not provide that it shall be treated as part of the )ud!eZs remuneration in computin! the retirement benefits# the use of the word VmayV si!nifies that the allowance may not be demanded as a matter of ri!ht, but is entirely dependent on the will of the municipality concerned# ,t should be treated as an honorarium -) 8nclusion #ould produce disparity in retirement benes. DD,f said allowance were to be included in the computation of the retirement benefits of )ud!es, the result would be ine*uality and disparity in their retirement benefits# Bor there are rich municipalities that can !ive !enerous allowances to the )ud!es of the courts within their territorial )urisdiction, and there are poorer

1) 1asis for retirement benes.00 Retirement benefits !iven to !overnment employees in effect reward them for !ivin! the best years of their lives to the service of their country# $his is especially true with those in !overnment service occupyin! positions of leadership or positions re*uirin! mana!ement s.ills because the years they devote to !overnment service could be spent more profitably in lucrative appointments in the private sector# ,n exchan!e for their selfless dedication to !overnment service, they en)oy security of tenure and are ensured of a reasonable amount of support after they leave the !overnment# $he basis for the provision of retirement benefits is, therefore, service to !overnment# o 2hile a !overnment insurance system rationali4es the mana!ement of funds necessary to .eep this system of retirement support afloat and is partly dependent on contributions made by the thousands of members of the system, the fact that these contributions are minimal when compared to the amount of retirement benefits actually received shows that such contributions, while necessary, are not absolutely determinative in drawin! up criteria for those who would *ualify as recipients of the retirement benefit system# 2) 'ontract bet 9 8 and govt ee(s a virtual contract of adhesion.00 ,t cannot be convincin!ly asserted that petitioners could not avail themselves of the benefits of the policy because no deductions were made from their salaries durin! the disputed periods when they were paid on a per diem basis# ,n respondent BeloZs case, before and after that short interre!num, she was paid a fixed salary# -he was not duly informed that short period was not to be credited in computin! the len!th of her service for retirement purposes# -he assumed in all !ood faith that she continued to be covered by the C-,insurance benefits considerin! that in fact and in practice the deductions are virtually mandatorily made from all !overnment employees on an essentially involuntary basis# -imilarly, had respondent Baradero been informed of the need to pay the re*uired deductions for the purpose of *ualifyin! for retirement benefits, he would have willin!ly paid the re*uired sums# o ,n a sense, the contract made between the C-,- and the !overnment employee is done on a ta.eDitDorDleaveDit basis, that is, it is a virtual contract of adhesion which !ives the employee no choice but to involuntarily accede to the deductions made from their

63

oftentimes mea!er salaries# ,f the C-,- did not deduct, it was by its own choice" contributions were exacted from petitioner before and after the disputed period# $o assert that petitioners would have been entitled to benefits had they opted for optional deductions at that point misses the principal fact in issue here, which is the *uestion as to whether or not the disputed periods should be credited as service with compensation for the purposes of retirement#

-) ource of 9 8 is a soc legis.00 Foreover, the source of C-,- benefits is not in essence merely contractualK rather, it is a social le!islation as clearly indicated in the VwhereasV of Presidential ecree No# //=;, to wit" o 26&R&A-, provisions of existin! laws that have pre)udiced, rather than benefited, the !overnment employeeK restricted, rather than broadened, his benefits, prolon!ed, rather than facilitated the payment of benefits, must now yield to his paramount welfareK o 26&R&A-, the social security and insurance benefits of !overnment employees must be continuously reDexamined and improved to assure comprehensive and inte!rated social security and insurance pro!rams that will provide benefits responsive to their needs and those of their dependents in the event of sic.ness, disability, death, retirement, and other contin!enciesK and to serve as a fittin! reward for dedicated public serviceK o 26&R&A-, in the li!ht existin! economic conditions affectin! the welfare of !overnment employees there is a need to expand and improve the social security and insurance pro!rams administered by the Covernment -ervice ,nsurance -ystems, specifically, amon! others, by increasin! pension benefits, expandin! disability benefits, introducin! survivorship benefits, introducin! sic.ness income benefits, and eventually extendin! the compulsory covera!e of these pro!rams to all !overnment employees re!ardless of employment status# $he situation as far as private respondents and the C-,- are concerned could be rectified by deductin! a reasonable amount correspondin! to the contributions which should have been deducted durin! the period from the amount of retirement benefits accruin! to them# ,t would be !rossly ine*uitable as it would violate the spirit of the !overnment retirement and insurance laws to permanently penali4e both respondents Belo and Baradero by i!norin! the fact of actual period of service to !overnment with compensation, and deny them the retirement privile!es that they, for their unselfish service to the !overnment )ustly deserve# ?nder the peculiar circumstances of the case at bench, the demand for e*uity prompts us to re!ard spirit not letter, and intent, not form, in accordin! substantial )ustice to both respondents, where the law, throu!h its inflexible rules mi!ht prove inade*uate#

wor.in! for the local !overnment unit by complyin! with the re*uirements of -ection =0b1 of R#A# No# /<9># 6owever, she failed to exercise such option# 2) /blig of 9 8 to grant retirement benes limited to its mems.00 $he C-,- is only obli!ated to !rant retirement benefits to its members# -uch obli!ation exists where there is a contract of life or retirement insurance between the C-,- and the !overnment employee# $his contract is evidenced by the C-,policy issued when the !overnment employeeZs admission is approved# ,n certain cases, the contract of insurance between them is compulsory, for which reason both employer and employee are re*uired to ma.e contributions to the C-,-# +ontributions of the !overnment employee are made possible throu!h salary deduction# -) 9 8 entitled to payment of premium as condi for ins. DD Premiums payable by the members are the lifeblood of the retirement scheme# $hese premiums are actuarially computed and any attempt to do away with them has an unsettlin! effect on the entire system# o ,t would now be un)ust for respondent Belo to compel the C-,- to !rant her retirement benefits when she never remitted the employerZs and her share of contributions for the period ecember >/, /@9; to 7anuary /, /@9@# $o countenance such ar!ument would result in an ine*uitable situation where the C-,- is exposed to a ris. without the benefit of receivin! any contribution or premium# $he C-,- was never intended to be a charitable institution for !overnment retirees# ,t is only fair that the C-,- be entitled to the payment of premiums as soon as it is exposed to the ris. insured a!ainst, whether it be a life or annuity insurance 0 cf. $he ,nsurance +ode, -ec# 991# o $he most liberal application that can be !iven to the rulin! of the C-,- with respect to services paid on per diem basis is to limit it to cases where the retiree has paid the correspondin! retirement premiums durin! said period# o , vote to deny the motion for reconsideration#

Auia@on, =. dissenting! +esp %.>.+ became 9 8 mem.00 Anent the third issue, it must be borne in mind that the obli!ation to pay premiums is e*ually essential as the period of services rendered# o ,n the case of respondent Belo, she never became a member of the C-,- durin! her term as HiceDCovernor and Covernor of +api4, nor did she contribute to the -ystem# ,t must be emphasi4ed that she then had the option of continuin! her membership when she started

=2 Conte -2 COA /@@; 6he '/A disallo#ed in Audit pet(s claim for benes under +esoln <) granting fin assistance to retiring ees in addn to retirement benes. 7acts! Pets A+ and 'P were fmr ees of the --- who retired fr !ov serv on Fay @ @8 and -ept /> @5# o $hey availed of comp retirement benes provided under R ;;8 o ,n addn to retirement benes provided under that, they also claimed --- fin assistance benes !ranted under --- Resoln <;, s of /@95, e*uiv in amt to the diff bet what a retiree wouldve rcved under RA /;/; less what he was entitled to under RA ;;8 +OA ++ A, ,ed a rulin! disallowin! in audit all such claims for fin assistance under --- Resoln <; on the !round tha they result in the inc of benes beyond whats allowed by retirement laws and the scheme part. of the nature of a supplementary pension/retirement plan prescribed by law 0RA =@;E1 8ssue! Are the benes provided for unsder --- Resoln <; to be considered simply as fin assistance for retirin! ees/does such scheme consti a supplementary retiremenet plan prescribed by RA =@;EJ

64

Held! 1) +esoln %o <) constis a supplementary retirement plant00 A cursory examination of the preambular clauses and provisions of Res# <; provides a number of clear indications that its financial assistance plan constitutes a supplemental retirement/pension benefits plan# ,n particular, the fifth preambular clause which provides that Git is the policy of the -ocial -ecurity +ommission to promote and to protect the interest of all --- employees, with a view to providin! for their wellDbein! durin! both their wor.in! and retirement yearsM, and the wordin! of the resolution itself which states GResolved, further, that --- employees who availed themselves of the said life annuity 0under RA ;;81, in appreciation and reco!nition of their lon! and faithful service, be !ranted financial assistance x x xM can only be interpreted to mean that the benefit bein! !ranted is none other than a .ind of amelioration to enable the retirin! employee to en)oy 0or survive1 his retirement years and a reward for his loyalty and service# o Foreover, it is plain to see that the !rant of said financial assistance is inextricably lin.ed with and inseparable from the application for and approval of retirement benefits under RA ;;8, i#e#, that availment of said financial assistance under Res# <; may not be done independently of but only in con)unction with the availment of retirement benefits under RA ;;8, and that the former is in au!mentation or supplementation of the latter benefits# o Althou!h such financial assistance pac.a!e may have been instituted for noble, altruistic purposes as well as from selfDinterest and a desire to cut costs on the part of the ---, nevertheless, it is beyond any dispute that such pac.a!e effectively constitutes a supplementary retirement plan# $he fact that it was desi!ned to e*uali4e the benefits receivable from RA /;/; with those payable under RA ;;8 and ma.e the latter pro!ram more attractive, merely confirms the fore!oin! findin!#

put up its own supplementary retirement benefit plan under the !uise of such Gfinancial assistanceM# <) has %/ auth to implement such retirement plan.00 2e are not unmindful of the laudable purposes for promul!atin! Res# <;, and the positive results it must have had, not only in reducin! costs and expenses on the part of the --- in connection with the payDout of retirement benefits and !ratuities, but also in improvin! the *uality of life for scores of retirees# But it is simply beyond dispute that the --- had no authority to maintain and implement such retirement plan, particularly in the face of the statutory prohibition# $he --- cannot, in the !uise of ruleDma.in!, le!islate or amend laws or worse, render them nu!atory#

2) %ature of retirement benes and pension.00 $hat the Res# <; pac.a!e is labelled Gfinancial assistanceM does not chan!e its essential nature# Retirement benefits are, after all, a form of reward for an employees loyalty and service to the employer, and are intended to help the employee en)oy the remainin! years of his life, lessenin! the burden of worryin! about his financial support or up.eep#T/>U On the other hand, a pension parta.es of the nature of Gretained wa!esM of the retiree for a dual purpose" to entice competent people to enter the !overnment service, and to permit them to retire from the service with relative security, not only for those who have retained their vi!or, but more so for those who have been incapacitated by illness or accident#T/=U -) 'reation of other than 9 8 ins$retirement plan %/6 allo#ed. DD ,s --Resolution No# <; then within the ambit of and thus proscribed by -ec# 5E 0b1 of +A /E; as amended by RA =@;EJ o 2e answer in the affirmative# -aid -ec# 5E 0b1 as amended by RA =@;E in no uncertain terms bars the creation of any insurance or retirement plan DD other than the C-,- DD for !overnment officers and employees, in order to prevent the undue and ine*uitous proliferation of such plans# ,t is beyond cavil that Res# <; contravenes the said provision of law and is therefore invalid, void and of no effect# $o i!nore this and rule otherwise would be tantamount to permittin! every other !overnment office or a!ency to

,t is doctrinal that in case of conflict between a statute and an administrative order, the former must prevail#T/<U A rule or re!ulation must conform to and be consistent with the provisions of the enablin! statute in order for such rule or re!ulation to be valid#T/;U $he ruleDma.in! power of a public administrative body is a dele!ated le!islative power, which it may not use either to abrid!e the authority !iven it by the +on!ress or the +onstitution or to enlar!e its power beyond the scope intended# +onstitutional and statutory provisions control with respect to what rules and re!ulations may be promul!ated by such a body, as well as with respect to what fields are sub)ect to re!ulation by it# ,t may not ma.e rules and re!ulations which are inconsistent with the provisions of the +onstitution or a statute, particularly the statute it is administerin! or which created it, or which are in dero!ation of, or defeat, the purpose of a statute#T/9U 0 e 'eon and e 'eon 7r, Admin law" $ax and +ases1 o $hou!h wellDsettled is the rule that retirement laws are liberally interpreted in favor of the retiree,T/EU nevertheless, there is really nothin! to interpret in either RA =@;E or Res# <;, and correspondin!ly, the absence of any doubt as to the ultra0vires nature and ille!ality of the disputed resolution constrains us to rule a!ainst petitioners# o As a necessary conse*uence of the invalidity of Res# <;, we can hardly impute abuse of discretion of any sort to respondent +ommission for denyin! petitioners re*uest for reconsideration <) Appli of the doctrine of e3uity.00 2e must admit we sympathi4e with petitioners in their financial predicament as a result of their misplaced decision to avail of retirement benefits under RA ;;8, with the false expectation that Gfinancial assistanceM under the disputed Res# <; will also materiali4e# Nevertheless, this +ourt has always held that e*uity, which has been aptly described as G)ustice outside le!ality,M is applied only in the absence of, and never a!ainst, statutory law or )udicial rules of procedure# T5/U ,n this case, e*uity cannot be applied to !ive validity and effect to Res# <;, which directly contravenes the clear mandate of the provisions of RA =@;E# o 'i.ewise, we cannot but be aware that the clear imbalance between the benefits available under RA ;;8 and those under RA /;/; has created an unfair situation for it has shifted the burden of payin! such benefits from the C-,- 0the main insurance carrier of !overnment employees1 to the ---# 2ithout the corrective effects of Res# <;, all retirin! --- employees without exception will be impelled to avail of benefits under RA /;/;# $he cumulative effect of

65

such availments on the financial standin! and stability of the --- is better left to actuarians# But the solution or remedy for such situation can be provided only by +on!ress# 7udicial hands cannot, on the pretext of showin! concern for the welfare of !overnment employees, bestow e*uity contrary to the clear provisions of law# Nevertheless, insofar as herein petitioners are concerned, this +ourt cannot )ust sit bac. and watch as these two erstwhile !overnment employees, who after spendin! the best parts of their lives in public service have retired hopin! to en)oy their remainin! years, face a financially dismal if not distressed future, deprived of what should have been due them by way of additional retirement benefits, on account of a bureaucratic booDboo improvidently hatched by their hi!herDups# ,t is clear to our mind that petitioners applied for benefits under RA ;;8 only because of the incentives offered by Res# <;, and that absent such incentives, they would have without fail availed of RA /;/; instead# 2e li.ewise have no doubt that petitioners are simply innocent bystanders in this whole bureaucratic ruleDma.in!/financial schemeDma.in! drama, and that therefore, to the extent possible, petitioners ou!ht not be penali4ed or made to suffer as a result of the subse*uently determined invalidity of Res# <;, the promul!ation and implementation of which they had nothin! to do with# And here is where Ge*uityM may properly be invo.ed" since G--employees who are *ualified for compulsory retirement at a!e ;< or for optional retirement at a lower a!e are entitled to either the life annuity under R#A# ;;8, as amended, or the !ratuity under R#A# /;/;, as amendedM,T55U it appears that petitioners, bein! *ualified to avail of benefits under RA ;;8, may also readily *ualify under RA /;/;# ,t would therefore not be misplaced to en)oin the --- to render all possible assistance to petitioners for the prompt processin! and approval of their applications under RA /;/;, and in the meantime, unless barred by existin! re!ulations, to advance to petitioners the difference between the amounts due under RA /;/;, and the amounts they already obtained, if any, under RA ;;8#

the dismissal of pets complaint 8ssue! Fust the condis for eli!ibility for retirement be met ON'( at the time of retirement/are these condis continuin! /s w/c must be complied w/ even AB$&R /s retJ Held!

1) +etirement and pension plans.00 Retirement has been defined as a withdrawal from office, public station, business, occupation, or public duty# 6 ,t is the result of a bilateral act of the parties, a voluntary a!reement between the employer and the employee whereby the latter, after reachin! a certain a!e, a!rees and/or consents to sever his employment with the former# 7 ,n this connection, the modern socioDeconomic climate has fostered the practice of settin! up pension and retirement plans for private employees, initially throu!h their voluntary adoption by employers, and lately, established by le!islation# Pension schemes, while initially humanitarian in nature, now concomitantly serve to secure loyalty and efficiency on the part of employees, and to increase continuity of service and decrease the labor turnover, by !ivin! to the employees some assurance of security as they approach and reach the a!e at which earnin! ability and earnin!s are materially impaired or at an end# : 2) %ature of rts conferred by plans.DD ,t must be noted, however, that the nature of the ri!hts conferred by a retirement or pension plan depends in lar!e measure upon the provisions of such particular plan# $he 'abor +ode provides" o Art# 5E9# Retirement# Any employee may be retired upon reachin! the retirement a!e established in the collective bar!ainin! a!reement or other applicable employment contract# o ,n case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existin! laws and any collective bar!ainin! a!reement and other a!reements# # # o Brom the above, it can be !leaned that employer and employee are free to stipulate on retirement benefits, as lon! as these do not fall below the floor limits provided by law# -) 'ondis for eligibility.00 A!ain, it has been held that Vpension and retirement plans create a contractual obli!ation in which the promise to pay benefits is made in consideration of the continued faithful service of the employee for the re3uisite period. ; ,n other words, before a ri!ht to retirement benefits or pension vests in an employee, he must have met the stated conditions of eli!ibility with respect to the nature of employment, a!e, and len!th of service# $his is a condition precedent to his ac*uisition of ri!hts thereunder# o ?nder the 'abor +ode, Van employee upon reachin! the a!e of sixty 0;81 years or more, but not beyond sixtyDfive 0;<1 years which is hereby declared the compulsory retirement a!e, #ho has served or least five (<) years in the said establishment may retire and shall be entitled to retirement pay# # #V ?nder the law, service for five years is enou!h to entitle an employee who meets the re*uisite a!e to retirement benefits# 6owever, the - A would re*uire its employees to serve it for all his lifetime# ,t must he noted that petitioner has served the - A for thirtyDfour 0>=1 years# 5) 'ondis must be met at time of retirement.00 'i.ewise, the - AZs theory

<2 Br'on -2 So!th Ph') Un'on M'##'on of the 7th Da* A$-ent'#t G h /@@@ +esp Rch discontid pet(s monthly retirement bene for establishing a rival rel grp after his retirement. 7acts! Pet B became a mem of resp -outh Phil ? Fission of the 9 th ay Adventist Qch 0- A1 in /@=@ o B ret in /@E5 o As was the prac of the - A, B was provie a monthly amt as a retirement bene o :cause of his axns in establishin! a rival rel and enticin! a no of - A mems to become part of his con!re!ation, he was excommunicated by the - A o as a conse*uence of his disfellowship, pets monthly retirement bene was discontid by the - A B filed an axn for mandamus w/ R$+ as.in! that the - A restore his monthly retirement bene o R$+ decided in favor of P B?$ +A set aside the decision and ordered

66

ne!ates the very concept of retirement# As earlier defined, retirement means to withdraw from oneZs office, occupation, or duty# $o re*uire petitioner to continue Vdevotin! his life to the wor. of the -eventhDday Adventist +hurchV would mean that petitioner never really withdraws from his office or occupation, that of wor.in! for the church# ,t is an oxymoron to retire an employee and yet re*uire him to continue wor.in! for the same employer# $his +ourt cannot, thus, !ive its imprimatur to - AZs theory# 2e rule that the conditions of eli!ibility for retirement must be met at the time of retirement at which )uncture the ri!ht to retirement benefits or pension, if the employee is eli!ible, vests in him#

Rt to re'("!r#e(ent an$ 'n$e(n't* /1 2hen a pub ofcer, in the due perf of his duies, has been expressly/impliedly re*d by law to incur expenses on the pub acct, NO$ covered by his salary/commission and NO$ attributable to his own ne!lect/default, the reasonable and proper amt thereof forms a le!it char!e v# the pub for w/c he should be reimbursed 51 2/in the same limits, the ofcers entitled to be indemnified by the pub v# the conse*uences of acts w/c hes been expressly/impliedly re*d to perf upon the pub acct, and w/c AR&N$ manifestly ille! and w/c he O&N-$ .now to be wron! 0Fechem1 Rt to re'n#tate(ent an$ "a E #a)ar* reliefs to ille!ally dismissed off reinstatement % restoration to state fr w/c removed o pos prior to dismissal B2s % relief restores income lost :cause of unlawful dismissal 07udy Phils, inc v# N'R+ /@@E1 1) Chere removal$suspension la#ful.D!en prop" NO comp, NO serv o lawfully separated NO$ entitled &H&N if suspension insuff o R&A-ON" salary 3 reward of servs 0lawfully perf1 0Ban!alisan v# +A /@@91 o Althou!h reinstatement 0-abello v# &+- /@E@1 o enial of salary durin! suspension if !uilty 3 proper 0Ban!alisan v# +A1 2) Chere removal$suspension unla#ful.D unlawfully removed 3 recoverK other employment NO$ deducted NO$2-$AN ,NC paid to another who filled unlawful vacancy 0Fechem1 o no wor. no pay O&-N$ apply 3 wron!fully prevented fr enterin! ofc recover salary and immatl apptment temp matl wro!nful deprivation, NO$ nature of apptment 0+elerian v# $antuico, 7r /@@81 o )uris" B2s max" <y 0Alunan ,,," NO supervenin! event w/c would dis*ualify reisnstatement and benes by reason of termination reimbursedK Antiporda v# $icao /@EE" reinstatement NO$ feasible 3 B21 o NO salary durin! pendency of case 0An!ara v# Corospe /@<91 -) Chere suspended ee later found inn.D bac.Dpay 3 NO$ allowed to wor. w/o fault and inn 0Abellera v# +ity of Ba!uio /@;;1 o deny 3 tantamount to punishin! after exoneration 0Ban!alisan v# +A1 o salaries w/held 3 removal un)ustified and inn 0Caria v# +ity of B!uio /@981 , N$ leave ofcentitled to rts and privs 0 el +astillo v# +-+ /@@91 NO$ completely exonerated 3 NO$ entitled 0+astro v# Cloria1 o +laim for B2 3 ordin civ axn, NO$ manda 0Fanalo v# Cloria1 5) Chere another appointed to pos of illegally dismissed$suspended ee.D ilel!ally suspended 3 pos N&H&R vacant" N&H&R left ofc 0$anala v# 'e!aspi 58881

<) 2iberal construc of such plans. DD Burthermore, pension and retirement plans, in line with the +onstitutional mandate of affordin! full protection to labor, 1F must be liberally construed in favor of the employee, it bein! the !eneral rule that pension plans formulated by an employer are to be construed most stron!ly a!ainst the employer# 11 6ence, where two constructions of a retirement plan me possible, one of which re*uires the retiree to devote his life to the service of the church even after retirement, and the other of which sanctions the severance by the retiree of his employment thereto at retirement, this +ourt will not hesitate to adopt the latter interpretation. )) 6ermination of employment upon retirement #DD Bolsterin! this conclusion is this +ourtZs observation in ?-$ Baculty ?nion v# N'R+ 14 that Vupon the# # # retirement of an employee or official in the public or private service his employment is deemed terminated#V 2ith the termination of employment, the ri!ht of the employer to control the employeeZs conduct, the soDcalled Vcontrol testV also terminatesK hence, after retirement, the - A may no lon!er re*uire petitioner to devote his lift to the wor. of the church, it havin! lost control over its erstwhile employee# ,) >ested rt to rcv retirement benes. DD Civen the above dis*uisition, it can he seen that the importance placed by the appellate court on petitionerZs excommunication and VdisfellowshipV is misplaced# 2hile it is true that Vupon the expulsion of a priest or minister from a pastorate, all ri!ht to further salary cases,V 15 this presupposes that the priest or minister is still on Vactive duty,V so to spea.# 6ere, petitioner has already retired# 6ence, he already had a vested ri!ht to receive retirement benefits, a ri!ht which could not be ta.en away from him by expulsion or excommunication, this not bein! a !round for termination of retirement benefits under the - AZs retirement plan# *) %/ a4nable #rong committed by pet. DD Obviously, the - A would have petitioner cease and desist from or!ani4in! and runnin! a rival church# $his is analo!ous to provisions limitin! or prohibitin! a retiree or pensioner from en!a!in! in a competitive business or acceptin! employment with a business competitor, a clause not infre*uently found in private retirement or pension plans# $he - A, however, chose not to include such a provision in its Ceneral +onference 2or.in! Policy# Bor its lac. of foresi!ht, it now see.s to extricate itself from a messy situation throu!h the assistance of the +ourt# PetitionerZs establishment of a rival church hardly *ualifies as an actionable wron!# ,n fact, it is a perfectly le!itimate exercise of oneZs freedom of reli!ion enshrined in our +onstitution#

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new apptmnt NO$ valid 0Bloresca v. On!pin /@@81 incumbents temp 3 NO$ w/in constil prohi perma 3 removal for cause 0*uo warranto1 0Batun!ba.al v# N + /@<>1 <) &uty of " seeKing reinstatement to prove his rt to the ofc.D est when dispossessed 3 entitled to ofc 0Ole!ario v# 'acson /@<<1 o +arillo v# +A 0/@991" *uo warranto3 clear rt to tofcK lac. of *ualn of usurper immatl )) +t to reinstatement to fmr$at least comparable pos.D CR" dismissed thru no fault 3 reinstated to fmr pos/comparable o reinstatement NO$ feasible 0apptment of perma chief1 3 bac. salaries 0'a!anapan v# Asedillo1 o reinstatement" sub) to NO other employment, a!e and phys fitness 058y1 3 bac. salaries 0Cin4on v# Funi of Furcia /@EE1 ,) &uty to act #$ reasonable dil in asserting rt to reinstatement.D lost by unreasonable delay in assertin! rts o constil rts waived and inaxn for /yrli.e resi!ned 0RO+, ;;#;1 o NO$ proper" title to pub ofc uncertain v# ppls int 0$umula. v# &!ay /@=81 o Auo warranto and manda affectin! title to pub ofc filed w/in /yr fr date pet ousted fr posK bac. salaries too 0Fadri!al v# 'eecaro4 /@@/1 *) Chere pardon e4tended to convicted ee.D pardon, ?N'&-- says inn/pub ofc expressly restored 3 O&-N$ restore pub ofc o 7?-$ eli!ibility 3 reapply o Pardon implies !uilt o NO$ retrospective o Offense established by )ud proceedin!s 3 NO bac.pay 0Fonsanto v# Bactoran 7r /@E@1 o o

off duty to perf if he could o $o permit recovery contravenes pub policy 0Fechem1 N,R+" informers reward may be !iven, under certain condis, to persons instrumental in discovery and sei4ure of smu!!led !oods

SEC2 4:42 Informer's Reward to Persons Instrumental in the Discovery of Violations of the National Internal Revenue Code and in the Discovery and ei!ure of muggled "oods# $ 8A9 %or Violations of the National Internal Revenue Code# $ Any person, except an internal revenue official or employee, or other public official or employee, or his relative within the sixth de!ree of consan!uinity, who voluntarily !ives definite and sworn information, not yet in the possession of the Bureau of ,nternal Revenue, leadin! to the discovery of frauds upon the internal revenue laws or violations of any of the provisions thereof, thereby resultin! in the recovery of revenues, surchar!es and fees and/or the conviction of the !uilty party and/or the imposition of any of the fine or penalty, shall be rewarded in a sum e*uivalent to ten percent 0/8P1 of the revenues, surchar!es or fees recovered and/or fine or penalty imposed and collected or One Fillion Pesos 0P/,888,8881 per case, whichever is lower# $he same amount of reward shall also be !iven to an informer where the offender has offered to compromise the violation of law committed by him and his offer has been accepted by the +ommissioner and collected from the offender" "rovided, $hat should no revenue, surchar!es or fees be actually recovered or collected, such person shall not be entitled to a reward" "rovided, further, $hat the information mentioned herein shall not refer to a case already pendin! or previously investi!ated or examined by the +ommissioner or any of his deputies, a!ents or examiners, or the -ecretary of Binance or any of his deputies or a!ents" "rovided, finally, $hat the reward provided herein shall be paid under rules and re!ulations issued by the -ecretary of Binance, upon recommendation of the +ommissioner# 2) 7or discovery an dsei@ure of smuggled goods.D to encoura!e pub and law enforcement personnel to extend full coopn in eradicatin! smu!!lin!, cash reward e*uiv to /<P BFH of smu!!led and confiscated !oods !iven to persons instrumental in discov and sei4ure of smu!!led !oods 0P //<E1 Chapter S', DISABILITIES AND INHIBITIONS OF PUB OFCERS A2 Un$er the Con#t' D'#a"')# of Pre#, %P, Me(# of Ca" an$ Dep!t'e# an$ A##t# durin! their tenure, Pres and HP and +ab mems and deputies and assts are sub) to prohis" o /# NO$ hold, ?N'&-- provided in +onsti, any other ofc/employment o 5# Not prac any other prof o ># NO$ parti, directly/indir, in any bus o =# NO$ be financially interested, directly/indir, in any contract w/, or in any franchise/sp priv !ranted by the !ovt/any subdiv, a!ency/instrumentality thereof ,N+ any CO++/their subsidiaries AN <# -trictly avoid conflict of int in the conduct of their ofc 0A9, -/>1 purpose of pohis" insure that offs 0Pres &-P1

Rt# to prop, $e-' e# an$ 'n-ent'on# /# $itle ot pub ofc carries rt, durin! incumbency, to insi!nia and prop 5# A of recs, discoveries, inventions, devices, data made/prepared by ofcer while occupyin! ofc belon! to pub 3 detd 2R$ facts o a# indispensable in proper conduct of ofc 3 ofcer cant ta.e them as his own &H&N thou!h he prepared them on hiws own time and paid w/ his own funds o b# B?$ if theyre NO$ re*d by law, parepared by ofcer APAR$ fr off duties and NO$ indispensable in proper conduct of ofc 3 ofcer may ac*uire prop rtremove upon leavin! ofc ># Rt to invention as bet er and ee 3 same Rs 2R$ !ovt ees o ee performin! all duties assi!ned to him may exer inventive faculties in any dir he chooses, w/ assurance whatever invention he may conceive and perfects his indiv prop ?N'&- he produced that w/c he was employed tio invent OR hes been employed to used his inventive faculties for the !ovts bene Rt to re o-er re.ar$ for perf of $!t* duty of pub ofcer to execute fxns of ofc for comp attached to it by law o NO$ permitted, ?N'&-- expressly authori4ed by law, to recover a reward offered by the pub for the perf of an act w/c was part of his

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will devote their full time and attention to off duties prevent fr extendin! sp favors to own priv bus w/c comes under off 7 and assure pub that theyll be faithful an dedicated in the perf of their fxns Press prohibited durin! his tenure fr appointin! his sp and rels by consan!uinity/affinity w/in the =th civ dev 0/st cousin, !randnephew and niece1 to any of the positions 0A9, -/>1 o o o

D'#a"')# of Me(# of Cong& AR$,+'& H, % $6& '&C,-'A$,H& &PAR$F&N$ 19 Se t'on 15# No -enator or Fember of the 6ouse of Representatives may hold any other office or employment in the Covernment, or any subdivision, a!ency, or instrumentality thereof, includin! !overnmentDowned or controlled corporations or their subsidiaries, durin! his term without forfeitin! his seat# 51 Neither shall he be appointed to any office which may have been created or the emoluments thereof increased durin! the term for which he was elected# 59 Se t'on 1=# No -enator or Fember of the 6ouse of Representatives may personally appear as counsel before any court of )ustice or before the &lectoral $ribunals, or *uasiD)udicial and other administrative bodies# =1 Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privile!e !ranted by the Covernment, or any subdivision, a!ency, or instrumentality thereof, includin! any !overnmentDowned or controlled corporation, or its subsidiary, durin! his term of office# 6e shall not intervene in any matter before any office of the Covernment for his pecuniary benefit or where he may be called upon to act on account of his office# <1 6e shall NO$ intervene in any cause/matter before any ofc of the !ovt for his pecuniary bene/where he may be called upon to act on acct of his ofc/!ive his vote as mem of +on! 0A;, -/=1 o /st 5" rt of mems of +on! to hold any other ofc/employment o last >" rt to en!a!e in certain activities D'#3!a)n# to ho)$ an* other of +e(p)o*(ent 'n the go-t precepts of propriety and ethics underlie the constil prov dis*ualifyin! mems fr holdin! certain ofces in the !ovt 0-inco1 o A;, -/>" A mem of +on! isd is*ualified to hold 5 classes of ofc" 1. 8ncompatible ofc.Dany .ind of ofc/employment in !ovt/any subdiv, a!ency/instrumentality inc CO++s/their subsids durin! his term Gany other ofc/employmentM includes any pos in !ovt O?$-, & of +on! ,N+ exDofficio membership of any nonDcon!resional body, committee/commission in any !uise ?N'&-- the 5nd ofc/employements connected w/ or in aid of le!is duties rationale" need for mems of +on! to devote their time and attention to the dischar!e of their le!is resps o -en/Rep who accepts any other ofc/employment in the !ovt durin! his term forfeits his seat

holdin! another ofc is allowed B?$ the mem of +on! automatically forfeits his elective ofc 2. 7orbidden ofc.Drefers to any ofc created/emoluments of w/c have been increased durin! the term for w/c he was elected, NO$ merely durin! his tenure/pd of actual incumbency pd of ineli!ibility 2R$ these 5 classes of ofc O&-N$ come to an end :til after the mem shall have left his ofc by the termination of his term, NO$ tenure mem of +on! -6AN$ be eli!ible for apptment to such ofc &H&N if he resi!ns/losses his seat before the end of the his term apptments void in view of his dis*ualn/lac. of eli!ibility doesnt lose elective post w/o the prohi, mems of +on! mi!ht be tempted to create ofces/inc their emoluments for pers !ain o

Proh' -2 f'n 'nt Prohis under -/= underscore the fid nature of the pos of a mem of +on! and lends effectiveness to the prin pub ofc is a pub trust 0A//, -/1 Crped" o 1) Appearance as counsel before any ct of just, etc.D mem of +on! -6AN$ appear personally as counsel before any ct of )ust/&lectoral $ribs/A7 and other admin bodies purpose" remove any possibility of inf on the )ud!es of these cts/heads of mems of these bodies who mi!ht be swayed in their decisions by their hope for future apptments to hi!her positions appearance is prohibited &H&N if NO fees are char!ed for it appearance before &lectoral $ribs" reason for prohi 3 inconsistency of a mems pos in representin! a p who may NO$ be tentitled to be a mem of the body to w/c he belon!s exertion of undue inf is also sou!ht to be avoided o 2) 7in int in any contract #$ the govt.D -6AN$, direcly/indir, be interested financially in any contract w/ the !ovt, etc durin! his term of ofc, whether as an indiv/mem of a partnernship/ofcer of a corp fin inst in such contract by the sp is indir fin int by a mem of +on! O&N$ extend to suh contract entered into by son/bro of a mem of +on!ess ?N&-- used as dummy 0Opin of -ec of 7ust, No =@, -/@=E1 OR the mems pecuniarily interested in the contract Purpose of prohi" prevent a mem of +on! fr usin! inf and pressure in award of !ovt contract Bin int in any contract 3 int w/c involves fin investmene 0ex# subsrcip to cap stoc. of a !ovt corp1 OR bus out of w/c a mem of +on! is to derive profit/!ain Borrowin! money fr a !ovt owned/controlled ban. +AN$ be considered fin investmenet fr w/c the B

69

expects to obtain profit -) 7in int in any sp priv by the govt.D he -6AN$, directly/indir, be interested financially in any franchise/sp priv !ranted by the !ovt, etc, durin! his term of ofc reason" to prevent mems of +on! fr ma.in! use of their inf for fin bene/reward 5) 8ntervention in certain matter.D-6AN$ intervene in any cause/matter before any ofc of !ovt for his pecuniary bene/where he may be called upon to act on acct of his ofc/!ive his vote as mem of +on! prohi see.s to insure that his every vote on any pendin! le!is meas shall be dictated by NO other consid than pub !ood applies 2ON he personally derives any pecuniary bene/adv fr his intervention

-+ and +A, already burdened w/ heavy load of cases, would N&H&R reduce/eliminate the bac.lo! in their doc.ets if their mems could be assi!ned to nonD)ud a!encies 0 e 'eon1

Proh' -2 engag'ng 'n part'#an pot) a t'-'te# AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 42 8=9 No officer or employee in the civil service shall en!a!e, directly or indirectly, in any electioneerin! or partisan political campai!n# AR$,+'& QH, % C&N&RA' PROH,-,ONSe t'on <2 859 Professionalism in the armed forces and ade*uate remuneration and benefits of its members shall be a prime concern of the -tate# $he armed forces shall be insulated from partisan politics# No member of the military shall en!a!e, directly or indirectly, in any partisan political activity, except to vote# o >< and 95 +onstis" term used is Gany partisan potl activityM % practically synonymous w/ Gany electioneerin!/partisan potl campai!nM as used in -50=1 o BO$6 refer to acts desi!ned to have a candidate elected/not, OR to promote the candidacy of a person/s to a pub ofc o $hey include such activities as parti in potl campai!ns, conventions, caucuses, parades/rallies, ma.in!s speeches/commentaries for/v# the elec of any p/candidate, publishin!/distributin! campai!n lit/matls and solicitin! votes/contris, either directly/indir 0BP E8/, -9Db, /@@/, Ommnibus &lec +ode1 +iv -erv, as used in -ec 50=1 refers ON'( to career serv o &lec offs and mems of +ab who are holdin! potl ofces AR&N$ embraced in the prohi 0-antos v# (atco /@<@1

D'#a"')# of (e(# of Con#t') Co((# Bid nature of pub ofc w/c +onsti expressly !uards in case of Pres, HP, mems of +ab and their deputies and assts and mems of +on! is also protected in reln to mems of +onstil +omms o $heir disabils durin! their continuance in ofc are similar to those imposed on P and HP 0AR$,+'& ,Q % A# +OFFON PROH,-,ON-1 19 Se t'on 42 No member of a +onstitutional +ommission shall, durin! his tenure, hold any other office or employment# 51 Neither shall he en!a!e in the practice of any profession or in the active mana!ement or control of any business which, in any way, may be affected by the functions of his office, >1 nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privile!e !ranted by the Covernment, any of its subdivisions, a!encies, or instrumentalities, includin! !overnmentDowned or controlled corporations or their subsidiaries# Proh' -2 $e#'g of (e(# of B!$ to a$('n po#'t'on# o AR$,+'& H,,, % 7? ,+,A' &PAR$F&N$ o Se t'on 14# $he Fembers of the -upreme +ourt and of other courts established by law shall not be desi!nated to any a!ency performin! *uasiD )udicial or administrative functions# o Past admin" mems of )ud were sometimes desni!ated to exec positions in !ovt, at the same time retainin! their ran./seniority as such mems o Prac NO lon!er possible under new +onsti o -/5 prohis desi! by Pres of mems of -+ and other cts estabd by law to any a!ency performin! A7 and/or admin fxns o Reasons for prohi" o /# Hiolates doctrine of sepn of powers bet )ud! and exec branches of !ovt o 5# +onmpromise indpendence of mems in perf of their )ud fxns o ># w/ many cases pendin! in cts, prac will result in further dealy in their dispo

,''?-$RA$,H& +A-&" Pp -2 De %ene 'a /@;< & #as charged #$ electioneering by distributing leaflets supporting a mayoralty candidate. 7acts! o H, a civ serve ee, was prosecuted for electioneerin! :cause accd! to the info Ghe did willfully induce, inf and sway the electors to vote in favor fo a candidate for muni mayor by distributin! leaflets supportin! such candidateM o ?pon motion to *uash, ct dismissed case" -<=, Rev &lec +ode 0upon w/c prosecution rested1 was repealed by -5@, RA 55;8 0old +-'1 o Covt appealed" -<= wasnt repealed and Hs conduct violated it o -<=" NO 7ust )ud!e, fiscal, treas/assessor of any prov, no ofcer/ee of the army, NO mem of the natl, provl, city,m uni/rural pol force, and NO classifieid civ serv ofcer ee shall aid any candidate/exert inf in any manner in any elec/ta.e part therein, & to vote, if entitled thereto/to preserve pub peace, if hes a peace ofcer# o -5@# Ofcers and ees in the civ serv, whether in the competitive/classified/nonDcompetitive/unclassified serv, -6AN$ en!a!e directly/indir in partisan potl activites/ta.e part in any elec & to vote# Nothin! herein provided shall be understood to prevent an

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ofcer/ee fr expressin! his views on current potl probs/,s, or fr mentionin! the names of candidates for pub ofc whom he supportsM 8ssue! o 6as the latter law repealed the fmrJ Held! o NO, -5@s admin in nature whereas -<=s a penal statute# o 1) .4pression of vie#s$mentinoning name of candidate being supported allo#ed.D'o!cially, restrics contained in -5@ that AR&N$ contained in -<= +O?' N$ be criminally punished, ex, unclassified civ serv ees AR&N$ punishable under -<= o B?$ a realistic view would hold that activities permitted in -5@R thou!h its mere admin measR-6O?' N$ be criminally dealt w/ under -<= o Result" A'$6O?C6 -<= prohis a classified 0competitive1 civ serve ee fr aidin! any candidate, -5@ allows such classified ee to express his views on current potl probs/,s, OR to mention the name of his candidate for pub ofc, &H&N if such exp of views/mention of names may result in aidin! / parti candidate o $he last sent of -5@s an & to -<=K at most, an amendment to -<=# o 2) olicitation of elector(s vote an elec offense.D A classified civ serv ee who contris money for elec purposes to a candidate violates -<= 0and is punishable w/ imprionsment1 :cause he Gaids a candidateM and may NO$ invo.e the priv reserved to him by -5E o +AB" H, in distributin! leaflets openly supportin! a candidate was Gaidin!M such candidate o 2A-N$ merely mentionin! the candidate whom H supported/mere expression of his opin on current potl probs o ,t was a solicitation of the electors vote in favor of a candidate o $6&R&BOR&, hes !uilty of violatin! -<=, Rev &lec +ode Proh' -2 appt(ent of e)e t'-e off# AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 72 No elective official shall be eli!ible for appointment or desi!nation in any capacity to any public office or position durin! his tenure# o durin! his tenure 0NO$ term of ofc1, any elective offs dis*ualified for aptpment/desi! 0NO$ fr bein! a candidate/bein! elected1 to any pub ofc/pos in !ovt, whether natl/loc, ,N+ CO++s o a law allowin! such apptments unconstil 0Gunless otherwise provided in by law in /@95 +onsti prov was deleted1 o dis*ualn incapacitates the incumbent fr acceptin!/holdin! a 5 nd ofc and renders his apptment to the latter ofc voidK 6&N+&, he O&-N$ forfeit his elective ofc he may be appointed PROH, & he /st resi!ns his seat as lon! as hes an incumbent, an elective off remains ineli!ible for apptment to another pub ofc 0Blores v# rilon /@@>1 Proh' -2 ho)$'ng H 1 po# "* appo'nt'-e off# AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on 72 ?nless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Covernment or

any subdivision, a!ency or instrumentality thereof, includin! CovernmentDowned or controlled corporations or their subsidiaries# o An appointive off may hold any other ofc/employment in the !ovt, inc CO++s/their subsidiaries ON'( when allowed by law/re*d by the primary fxns of his pos o R aims to remedy the prob of appointive offs holdin! muti positions w/c prevent them fr devotin! full time to their prin fxns and resultin! double/multi comp o /# 2hen allowed by law" positions may be $O$A''( unrelated to ea other o 5# 2hen fxns are related" prohi O&-N$ aplly &H&N in absence of enablin! law o prohis FOR& strict in case of Pres, HP, mems of +ab and their deputies and assts o may hold any other ofc/emplymte tON'( when specifically authori4ed by the +onsti 0HP may be appinted as mem of the +ab w/o need of confirmation by +OA 0A9, ->1K Rep of +on! shal be exDofficio mem of 7ud and Bar +ouncil 0AE, -E1K indep and econ plannin! a!ency of !ovt/N& A shal be headed by Pres 0A/5, -@1 Proh' -2 a eptan e of an* pre#, et 2 AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on :2 No elective or appointive public officer or employee shall accept without the consent of the +on!ress, any present, emolument, office, or title of any .ind from any forei!n !overnment# o Prohi v# acceptance of any pres, emolument/off title of any .ind fr any forei!n state/!ovts founded in a )ust )ealousy of alien inf in dom affairs 0Falcolm and 'aurel1 o Purpose" discoura!e and prevent forei!n inf in the affairs of our !ovt 0+ooley1 o 2hats prohobiteds the acceptance of a pres officially offered by the !ovt of a forei!n state o Permissible for an off of the Phil Rep to accept a priv/pers !ift fr a .in!/head of a forei!n !ovt 0-inco1 o Prohis directed ON'( v# pub ofcers and ees o Priv cit could accept a !ift/title fr a forei!n !ovt 2O runnin! afoul of this prov Proh' -2 r -'ng a$$), $o!")e+'n$'r o(p AR$,+'& ,Q % B# $6& +,H,' -&RH,+& +OFF,--,ON Se t'on :2 No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authori4ed by law, Pensions or !ratuities shall not be considered as additional, double, or indirect compensation# 0+h <DB1 Proh' -2 appt(ent of (e(# of the ar(e$ for e# to erta'n po#'t'on# AR$,+'& QH, % C&N&RA' PROH,-,ONSe t'on <2 8=9 No member of the armed forces in the active service shall, at any time, be appointed or desi!nated in any capacity to a civilian position in the Covernment, includin! !overnmentDowned or controlled corporations or any of their subsidiaries#

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Behind the prohi are the lar!er prin of civilian supremacy over the mil w/c frowns upon the employment of the mil in the civilian !ovt and the timeD honored trad in all truly demo nations that Gthe soldiers )obs to fi!ht a war and NO$ to run a !ovtM

Proh' -2 grant of )oan, g!arant*+other for( of f'n a o((o$at'on AR$,+'& Q, % A++O?N$AB,',$( OB P?B',+ OBB,+&RSe t'on 16# No loan, !uaranty, or other form of financial accommodation for any business purpose may be !ranted, directly or indirectly, by any !overnmentD owned or controlled ban. or financial institution to the President, the HiceD President, the Fembers of the +abinet, the +on!ress, the -upreme +ourt, and the +onstitutional +ommissions, the Ombudsman, or to any firm or entity in which they have controllin! interest, durin! their tenure# o Prohi further !ives stress to the print that pub ofc is a pub trust o Purpose" prevent offs fr ma.in! use of their inf to secure loan, etc to bene them o $he prohi extends to any firm/entity in w/c any of the offs has a controllin! int 0</P1 o O&-N$ apply where the loan, etc ,-N$ for any bus purpose 0ex# housin! loan1, OR is !iven to a firm in w/c he has NO controllin! int, NOR after his tenure of ofc ,n any of said sits, NO conflict of int is involved B2 Un$er E,'#t'ng La.# Proh'# '(po#e$ on '- #er- of er#+ee# PD :F7, C'- Ser- De & 0same prohis in &O 5@5, Admin +ode of /@E9, B. <, $itle /, -ubtitle A, +h9, -<<D<@1 19 Se t'on =<2 "olitical Activity. No officer or employee in the +ivil -ervice includin! members of the Armed Borces, shall en!a!e directly or indirectly in any partisan political activity or ta.e part in any election except to vote nor shall he use his official authority or influence to coerce the political activity of any other person or body# Nothin! herein provided shall be understood to prevent any officer or employee from expressin! his views on current political problems or issues, or from mentionin! the names of candidates for public office whom he supports" Provided, $hat public officers and employees holdin! political offices may ta.e part in political and electoral activities but it shall be unlawful for them to solicit contributions from their subordinates or sub)ect them to any of the acts involvin! subordinates prohibited in the &lection +ode# 49 Se t'on =62 Additional or &ouble 'ompensation. No elective or appointive public officer or employee shall receive additional or double compensation unless specifically authori4ed by law nor accept without the consent of the President, any present, emolument, office, or title of any .ind from any forei!n state# 59 Se t'on =72 2imitation on .mployment of 2aborers. 'aborers, whether s.illed, semiDs.illed or uns.illed, shall not be assi!ned to perform clerical duties# =9 Se t'on =:2 "rohibition on &etail or +eassignment. No detail or reassi!nment whatever shall be made within three 0>1 months before any election# <9 Se t'on =;2 %epotism.

0a1 All appointments in the national, provincial, city and municipal !overnments or in any branch or instrumentality thereof, includin! !overnmentDowned or controlled corporations, made in favor of a relative of the appointin! or recommendin! authority, or of the chief of the bureau or office, or of the persons exercisin! immediate supervision over him, are hereby prohibited# As used in this -ection, the word VrelativeV and members of the family referred to are those related within the third de!ree either of consan!uinity or of affinity# "rohi(s subj to .s! 0+h ED 1 0b1 $he followin! are exempted from the operation of the rules on nepotism" 0/1 persons employed in a confidential capacity, 051 teachers, 0>1 physicians, and 0=1 members of the Armed Borces of the Philippines" Provided, however, $hat in each particular instance full report of such appointment shall be made to the +ommission# $he restriction mentioned in subsection 0a1 shall not be applicable to the case of a member of any family who, after his or her appointment to any position in an office or bureau, contracts marria!e with someone in the same office or bureau, in which event the employment or retention therein of both husband and wife may be allowed# 0c1 ,n order to !ive immediate effect to these provisions, cases of previous appointments which are in contravention hereof shall be corrected by transfer, and pendin! such transfer, no promotion or salary increase shall be allowed in favor of the relative or relatives who were appointed in violation of these provisions#

Prohis imposed on LG offs


19 SEC2 :;2 "rohibited 1usiness and "ecuniary 8nterest # D 0a1 ,t shall be unlawful for any local !overnment official or employee, directly or indirectly, to" 0/1 &n!a!e in any business transaction with the local !overnment unit in which he is an official or employee or over which he has the power of supervision, or with any of its authori4ed boards, officials, a!ents, or attorneys, whereby money is to be paid, or property or any other thin! of value is to be transferred, directly or indirectly, out of the resources of the local !overnment unit to such person or firmK 051 6old such interests in any coc.pit or other !ames licensed by a local !overnment unit# 0>1 Purchase any real estate or other property forfeited in favor of such local !overnment unit for unpaid taxes or assessment, or by virtue of a le!al process at the instance of the said local !overnment unit# 0=1 Be a surety for any person contractin! or doin! business with the local !overnment unit for which a surety is re*uiredK and 0<1 Possess or use any public property of the local !overnment unit for private purposes# 0b1 All other prohibitions !overnin! the conduct of national public officers relatin!

72

to prohibited business and pecuniary interest so provided for under Republic Act Numbered -ixtyDseven thirteen 0R# A# No# ;9/>1 otherwise .nown as the V+ode of +onduct and &thical -tandards for Public Officials and &mployeesV and other laws shall also be applicable to local !overnment officials and employees# 49 SEC2 ;F2 "ractice of "rofession. D 0a1 All !overnors, city and municipal mayors are prohibited from practicin! their profession or en!a!in! in any occupation other than the exercise of their functions as local chief executives# 0b1 -an!!unian members may practice their professions, en!a!e in any occupation, or teach in schools except durin! session hours" Provided, $hat san!!unian members who are also members of the Bar shall not" 0/1 Appear as counsel before any court in any civil case wherein a local !overnment unit or any office, a!ency, or instrumentality of the !overnment is the adverse partyK 051 Appear as counsel in any criminal case wherein an officer or employee of the national or local !overnment is accused of an offense committed in relation to his office# 0>1 +ollect any fee for their appearance in administrative proceedin!s involvin! the local !overnment unit of which he is an officialK and 0=1 ?se property and personnel of the !overnment except when the san!!unian member concerned is defendin! the interest of the !overnment# 0<1 octors of medicine may practice their profession even durin! official hours of wor. only on occasions of emer!ency" Provided, $hat the officials concerned do not derive monetary compensation therefrom# 59 SEC2 ;52 "artisan "olitical Activity. D No local official or employee in the career civil service shall en!a!e directly or indirectly in any partisan political activity or ta.e part in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause the performance of any political activity by any person or body# 6e may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports# &lective local officials may ta.e part in partisan political and electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates or sub)ect these subordinates to any of the prohibited acts under the Omnibus &lection +ode# Proh'# -2 p!r ha#e of erta'n prop at p!" a! t'on CC& Art# /=@/# $he followin! persons cannot ac*uire by purchase, even at a public or )udicial auction, either in person or throu!h the mediation of another" 0=1 Public officers and employees, the property of the -tate or of any subdivision thereof, or of any !overnmentDowned or controlled corporation, or institution, the administration of which has been intrusted to themK this provision shall apply to )ud!es and !overnment experts who, in any manner whatsoever, ta.e part in the saleK

0<1 7ustices, )ud!es, prosecutin! attorneys, cler.s of superior and inferior courts, and other officers and employees connected with the administration of )ustice, the property and ri!hts in liti!ation or levied upon an execution before the court within whose )urisdiction or territory they exercise their respective functionsK this prohibition includes the act of ac*uirin! by assi!nment and shall apply to lawyers, with respect to the property and ri!hts which may be the ob)ect of any liti!ation in which they may ta.e part by virtue of their profession# Art# /=@5# $he prohibitions in the two precedin! articles are applicable to sales in le!al redemption, compromises and renunciations# 0n1 o Prohi in no# = refers only to prop mentioned the admin of w/c has been entrusted to the pub ofcer/ee o -ale at pub auction to wife of a C-,- off 0+hief of Retirement div1 of a land foreclosed by C-,- was held as fallin! w/in the prohibited transaxn 0Faharli.a Broadcastin! +orp v# $a!le /@E;1 A'$6O?C6 said off 2A-N$ entrusted w/ the prop in A Prohi in no# < applies ON'( to sale/assi!nment of prop w/c is the sub) of lit to the persons dis*ualfieid therein o Bor the prohi to operate, sale/assi!nment F?-$ ta.e place durin! pendency of lit involvin! the prop 0'ai! v# +A /@9E1 NO violn of prohi 0A'$6O?C6 it may be improper under +anons of 7ud &thics1 where the )ud!e purchased the prop in A after the decision involvin! the prop had already become iin :cause NON& of the ps therein filed an appeal w/in the re!lementary pdK 6&N+&, it was NO lon!er in lit 0Facariola v# Asuncion /@E51

Proh'# '(po#e$ on the /o- an$ per#onne) of the CB Ne. CB A t 8RA 76<59& 19 Se t'on 4F2 /utside 8nterests of the 9overnor and the 7ull0time Members of the 1oard. D $he Covernor of the Ban!.o -entral and the fullDtime members of the Board shall limit their professional activities to those pertainin! directly to their positions with the Ban!.o -entral# Accordin!ly, they may not accept any other employment, whether public or private, remunerated or ad honorem, with the exception of positions in eleemosynary, civic, cultural or reli!ious or!ani4ations or whenever, by desi!nation of the President, the Covernor or the fullDtime member is tas.ed to represent the interest of the Covernment or other !overnment a!encies in matters connected with or affectin! the economy or the financial system of the country# 49 Se t'on 472 "rohibitions. D ,n addition to the prohibitions found in Republic Act Nos# >8/@ and ;9/>, personnel of the Ban!.o -entral are hereby prohibited from" 0a1 bein! an officer, director, employee, stoc.holder, directly or indirectly, of any institution sub)ect to supervision or examination by the Ban!.o -entral, except nonDstoc. savin!s and loan associations and provident funds or!ani4ed exclusively for employees of the Ban!.o -entral, and except as otherwise provided in this ActK 0b1 re*uestin! or receivin! any !ift, present or pecuniary or material benefit for himself or another, from any institution sub)ect to supervision or examination by the Ban!.o -entralK

73

0c1 revealin! in any manner, except under orders of the court, the +on!ress or any !overnment office or a!ency authori4ed by law, or under such conditions as may be prescribed by the Fonetary Board, information relatin! to the condition or business of any institution# $his prohibition shall not be held to apply to the !ivin! of information to the Fonetary Board or the Covernor of the Ban!.o -entral, or to any person authori4ed by either of them, in writin!, to receive such informationK and 0d1 borrowin! from any institution unless the loan is ade*uately secured, fully disclosed to the Fonetary Board, and further sub) to further rules and re!ulations prescribed by the Board# personnel of the supervisin! and examinin! departments are prohibited from borrowin! from a ban. under their supervision or examination# Proh'# '(po#e$ on 'nterna) re-en!e of er#+ee NIRC imposes penalty of fine/imprisonment/both upon conviction on" /1 -ection 5;@# ?nlawful divul!ence of trade secrets# R any officer or employee of the Bureau of ,nternal Revenue who divul!es to any person or ma.es .nown in any other manner than may be provided by law information re!ardin! the business, income, or estate of any taxpayer, the secrets, operation, style or wor., or apparatus of any manufacturer or producer, or confidential information re!ardin! the business of any taxpayer, .nowled!e of which was ac*uired by him in the dischar!e of his official duties# 51 -ection 598# ?nlawful interest of revenue law enforcers in business# R Any internal revenue officer who is or shall become interested directly or indirectly, in the manufacture, sale, or importation of any article sub)ect to tax under $itle ,H 0now H,1 of this +ode or in the manufacture or repair or sale of any die for the printin!, or ma.in! of stamps, or labels# Proh'"'te$ a t# an$ tran#a,n# !n$er the Ant'>/raft an$ Corr!pt Pra # A t REPUBLIC ACT No2 5F1; Se t'on 12 tatement of policy. ,t is the policy of the Philippine Covernment, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons ali.e which constitute !raft or corrupt practices or which may lead thereto# Se t'on 52 'orrupt practices of public officers. ,n addition to acts or omissions of public officers already penali4ed by existin! law, the followin! shall constitute corrupt practices of any public officer and are hereby declared to be unlawful" 0a1 influencin! another public officer to perform an act constitutin! a violation of rules and re!ulations duly promul!ated by competent authority or an offense in connection with the official duties of the latter, or allowin! himself to be influenced to commit such violation or offense# 0Farubeni +orp v# 'ira! 588/1 0b1 re*uestin! or receivin! any !ift or benefit, for himself or for any other person, in connection with any contract or transaction between the Covernment and any other party, where the public officer in his official capacity has to intervene under the lawK or in consid for the help !iven/to be !iven for securin!/obtainin! any !ovt license/permit 0Peli!rino v# Pp 588/1

0e1 +ausin! any undue in)ury to any party, includin! the Covernment, or !ivin! any private party any unwarranted benefits, advanta!e or preference in the dischar!e of his official administrative or )udicial functions# 0!1 &nterin!, on behalf of the Covernment, into any contract or transaction manifestly and !rossly disadvanta!eous to the same, whether or not the public officer profited or will profit thereby# 0h1 havin! financin! or pecuniary interest in any business, contract or transaction in which he is prohibited by the +onstitution or by any law from havin! any interest# 0i1 becomin! interested, for personal !ain, or havin! a material interest in any transaction or act re*uirin! the approval of a board or committee of he is a member, even if he votes a!ainst the same or does not participate in the action of the board or committee 0)1 approvin! or !rantin! any license, permit, privile!e or benefit in favor of any person .nown to him to be not *ualified for or not le!ally entitled to such license o Act imposes penalty of imprisonmnt, perpetual dis*ualn fr ofc and confiscation/forfeiture, on any pub ofcer/ee found to have committed anyf oth eunlawful acts/omissions enumerated 0-@1 Any incumbent pub ofcer v# whom any crim prosecution under a valid inro under the Act/for any offense involvin! fraud on the !ovt/pub funds/props pendin! in ct shall be suspended fr ofc 0-/>1 'aw on presc of offenses" A@8D@/, RP+ o -p laws" Act >>5; -&+$,ON 5# Prescription shall be!in to run from the day of the commission of the violation of the law, and if the same be not .nown at the time, from the discovery thereof and the institution of )udicial proceedin! for its investi!ation and punishment# Presc interrupted when proceedin!s are instituted v# the !uilty person and be!in to run a!ain if proceedin!s are dismissed for reaonss NO$ constitutin! )eopardy 0Presl Ad 6oc Bact Bindin! +ommittee on Behest 'oans v# esierto 588/1 ?se of the word GofcM the same applies to any ofc w/c th eofcer char!ed may be holdin! and NO$ only the parti ofc under w/c he was char!ed o $6?-, the ar! t hath esuspension prov w/c *ualifies the pub ofcer as GincubentM , N$ aply to the pet since he was then occupytin! the pos of !ov and NO$mayor, the pos wherein he was char!ed udnr ht Act, was held untenable 0 eloso v# -andi!anbayan /@E@1

Proh'"'te$ a t# an$ tran#a,n# !n$er the Co$e of Con$! t an$ Eth' a) Stan$# Se t'on 42 &eclaration of "olicies. D ,t is the policy of the -tate to promote a hi!h standard of ethics in public service# Public officials and employees shall at all times be accountable to the people and shall dischar!e their duties with utmost responsibility, inte!rity, competence, and loyalty, act with patriotism and )ustice, lead modest lives, and uphold public interest over personal interest#

74

Se t'on 52 &efinition of 6erms. D As used in this Act, the term" 0b1 VPublic OfficialsV includes elective and appointive officials and employees, permanent or temporary, whether in the career or nonDcareer service, includin! military and police personnel, whether or not they receive compensation, re!ardless of amount# Se t'on 72 "rohibited Acts and 6ransactions. D ,n addition to acts and omissions of public officials and employees now prescribed in the +onstitution and existin! laws, the followin! shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful" (a) 7inancial and material interest. D Public officials and employees shall not, directly or indirectly, have any financial or material interest in any transaction re*uirin! the approval of their office# (b) /utside employment and other activities related thereto. D Public officials and employees durin! their incumbency shall not" 0/1 Own, control, mana!e or accept employment as officer, employee, consultant, counsel, bro.er, a!ent, trustee or nominee in any private enterprise re!ulated, supervised or licensed by their office unless expressly allowed by lawK 051 &n!a!e in the private practice of their profession unless authori4ed by the +onstitution or law, provided, that such practice will not conflict or tend to conflict with their official functionsK or 0>1 Recommend any person to any position in a private enterprise which has a re!ular or pendin! official transaction with their office# $hese prohibitions shall continue to apply for a period of one 0/1 year after resi!nation, retirement, or separation from public office, except in the case of subpara!raph 0b1 051 above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the oneDyear prohibition shall li.ewise apply# (c) &isclosure and$or misuse of confidential information. D Public officials and employees shall not use or divul!e, confidential or classified information officially .nown to them by reason of their office and not made available to the public, either" 0/1 $o further their private interests, or !ive undue advanta!e to anyoneK or 051 $o pre)udice the public interest# (d) olicitation or acceptance of gifts. D Public officials and employees shall not solicit or accept, directly or indirectly, any !ift, !ratuity, favor, entertainment, loan or anythin! of monetary value from any person in the course of their official duties or in connection with any operation bein! re!ulated by, or any transaction which may be affected by the functions of their office# Se t'on 52 &efinition of 6erms. D As used in this Act, the term"

0c1 VCiftV refers to a thin! or a ri!ht to dispose of !ratuitously, or any act or liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof# ,t shall not include an unsolicited !ift of nominal or insi!nificant value not !iven in anticipation of, or in exchan!e for, a favor from a public official or employee# 0d1 VReceivin! any !iftV includes the act of acceptin! directly or indirectly, a !ift from a person other than a member of his family or relative as defined in this Act, even on the occasion of a family celebration or national festivity li.e +hristmas, if the value of the !ift is neither nominal nor insi!nificant, or the !ift is !iven in anticipation of, or in exchan!e for, a favor# 0e1 V'oanV covers both simple loan and commodatum as well as !uarantees, financin! arran!ements or accommodations intended to ensure its approval# 0P 9=@ !rants immunity fr prosec to !ivers of bribes and other !ifts and their accomplices in bribery and other !raft cases v# pub ofcers1 As to !ifts or !rants from forei!n !overnments, the +on!ress must consent to" 0i1 $he acceptance and retention by a public official or employee of a !ift of nominal value tendered and received as a souvenir or mar. of courtesyK 0ii1 $he acceptance by a public official or employee of a !ift in the nature of a scholarship or fellowship !rant or medical treatmentK or 0iii1 $he acceptance by a public official or employee of travel !rants or expenses for travel ta.in! place entirely outside the Philippine 0such as allowances, transportation, food, and lod!in!1 of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or a!ency to which he belon!s# $he Ombudsman shall prescribe such re!ulations as may be necessary to carry out the purpose of this subsection, includin! pertinent reportin! and disclosure re*uirements# Nothin! in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchan!e pro!rams sub)ect to national security re*uirements# Se t'on 142 "romulgation of +ules and +egulations, Administration and .nforcement of this Act. D $he +ivil -ervice +ommission shall have the primary responsibility for the administration and enforcement of this Act# ,t shall transmit all cases for prosecution arisin! from violations of this Act to the proper authorities for appropriate action w/o pre)udice to such administrative actions and disciplinary measures as may be warranted in accordance with law# $he Ombudsman shall li.ewise ta.e steps to protect citi4ens who denounce acts or omissions of public officials and employees which are in violation of this Act# D'-e#t(ent 19 Se t'on ;2 &ivestment. D A public official or employee shall avoid conflicts of interest at all times# 2hen a conflict of interest arises, he shall resi!n from his position in any private business enterprise within thirty 0>81 days from his assumption of office and/or divest himself of his shareholdin!s or interest within

75

sixty 0;81 days from such assumption# ,f the condis for conflict of int concur, divestment shall be manda for any off/ee &H&N if hesresi!ned fr his pos in any priv bus enterprise# $he same rule shall apply where the public official or employee is a partner in a partnership# 51 $he re*uirement of divestment shall not apply to those who serve the Covernment in an honorary capacity nor to laborers and casual or temporary wor.ers# 59 Se t'on 52 &efinition of 6erms. D As used in this Act, the term" 0i1 V+onflict of interestV arises when a public official or employee is a member of a board, an officer, or a substantial stoc.holder of a private corporation or owner or has a substantial interest in a business, and the interest of such corporation or business, or his ri!hts or duties therein, may be opposed to or affected by the faithful performance of official duty# 0f1 V-ubstantial stoc.holderV means any person who owns, directly or indirectly, shares of stoc. sufficient to elect a director of a corporation# $his term shall also apply to the parties to a votin! trust# 0)1 V ivestmentV is the transfer of title or disposal of interest in property by voluntarily, completely and actually deprivin! or dispossessin! oneself of his ri!ht or title to it in favor of a person or persons other than his spouse and relatives as defined in this Act# 0.1 VRelativesV refers to any and all persons related to a public official or employee within the fourth civil de!ree of consan!uinity or affinity, includin! bilas, inso and balae# 0!1 VBamily of public officials or employeesV means their spouses and unmarried children under ei!hteen 0/E1 years of a!e# Chapter Se-en LIABILITIES OF PUB OFCERS A2 In /en Do tr'ne of off '((!n't* fr )'a"# for p!" of er# o Cenerally reco!ni4ed" pub ofcers and ees would be unduly hampered, deterred and intimidated in the dischar!e of their duties, if those who act improperly/exceed the auth !iven them 2&R&N$ protected to some reasonable de! by bein! relieved fr priv liab o rationale for off immunity" promo of fearless, vi!orous and effective admin of policies of !ovt $hreat of suit deter competent ppl fr acceptin! pub ofc o Other pub policy condis 3 led to policy of immunity for pub ofcers" o 'oss of valuable time caused by axns o unfairness of sub)ectin! offs to pers liab for acts of subordinates

feelin! that the ballot and removal procedures are more appropriate meths of dealin! w/ the misconduct in pub ofc

Off '((!n't* an$ #tate '((!n't* $'#t'ng!'#he$ immunity of pub offs/off immunity more limited prin D its purpose ,-N$ directly to prot the soverei!n B?$ to do so ON'( collaterally, by protectin! the pub off in the perf of his !ovt fx serves as a protective ae!is for pub offs fr tort liab for dama!es arisin! fr discretionary acts/fxns in the perf of their off duties !ovtal/ soverei!n immunity less limited

principally rested on the tenuous !round that the .ind could do NO wron!K served to prot the impersonal body politic/!ovt itself fr tort liab R" in the perf of !ovtal fxns, the states NO$ bound by the mista.e, ne!lect/wron!doin! of its As and ofcers

Off '((!n't* NOT a"#o)!te o 1) uit to enforce liab for pers torts.D 2hile mere alle! that a !ovt fxnarys bein! used in his pers cap 2ON$ automatically remove him fr the protn of the law of pub ofcers, and, if appropriate, the doctrine of state immunity, by the same to.en, the mere invocation of off char 2ON$ suffice to insulate him fr suiability and liab for dama!es for an act imputed to him as a pers tort committed w/o/in excess of his auth 0-anders v# Heridiano ,, /@EE91 o a pub ofcer en)oyed ON'( *ualified, NO$ absolute immunity protn afforded by the doctrine !enerally applies ON'( to activities w/in the scope of ofc that are in CB and AR&N$ rec.less, malicious/corrupt o B?$ acts of a pub ofcer are protected by the presum of CB &H&N mista.es concededly committed by such a pub ofcer in the dischar!e of his off duties AR&N$ axnable as lon! as its NO$ shown that they were motivated by malice/!ross ne! amtin! to BB 0Phil Racin! +lub v# Bonifacio /@;81 o ,n resolvin! 2ON a pub ofcer may secure the servs of a priv counsel in an axn filed v# him in this off cap, nature of the axn and relief sou!ht are to be considered o 2here dama!es are sou!ht in axn filed v# a pub ofcer w/c, if !ranted, could result in his pers liab, he may be properly represented by priv counsel 0Fancenido v# +A 58881 o 2) uit to compel perf of off duty$restrain perf of an act.D -tate/Covt may NO$ be sued w/o its consent 0A/9, ->1 and a suit v# the state as its purpose is to hold it ultimately liable 0+alub v# +A 58881 o O&-N$ mean that in NO case may a pub ofcer be sued as such w/o the previous consent of the state o &s" A# a pub ofcer may be sued as such to compel him to do an act re*d by law, as where a re! of deeds refuses to re! a deed of sale B# suit may be brou!ht to restrain a cab mem fr enforcin! a law claimed to be unconstilK or to compel the natl treas to pay dama!es fr an already appropriated assurance fundK or

76

to re*uire the +,R to refund tax overpayment fr a fund already available for the purposeK or in !en, to secure a )ud!ment that the ofcer impleaded may satisfy by himself w/o the !ovt itself havin! to do a positive act to assist him +# also where the !ovt itself has violated its own laws, the a!!rieved p may directly impled the !ovt even w/o / st filn! his claim w/ the +OA as normally re*d, as the doctrine of -tate immunity +AN$ be used as an inst for perpetratin! an in)ust 0-anders v# Heridiano1

=#

<#

L'a" "a#e$ !pon an$ o>e,ten#'-e .+ $!t* o 'iab of a pub ofcer to an indiv/the pubs based on and is coDextensive w/ his duty to the indiv/the pub 0Fechem1 o Pub ofcers in respect of the person/s to whom their dutys owin!, are divided into 5 classes" o $hose whsoe dutys owin! solely to the pub o And those whose dutys owin! in some de! to the indivs o ,f the ofcer O&-N$ owe any duty to the indiv complainin!, then the indiv has NO rt of axn, &H&N thou!h he may have been in)ured by the axn/nonDaxn of the ofcer o An indiv has NO +OA v# a pub oefcer for abreach of duty owin! solely to the pub o $he breach is to be redressed by pub prosec Three>fo)$ re#p of p!" of er# o A pub ofcers under a >Dfold resp for violn of duty/wron!ful act/omission" o /# if the indivs dama!ed by such violn, the off shall, in some cases, be held liable civilly to reimburse the in)ured p o 5# ,f the laws attached a penal sanction, the ofcer may be punished criminally o ># ,f the admins disciplinary powers stron!, such violn may lead to impo of fine, reprimand, suspension/removal fr ofc, as the case may be 0Coodnow1 o $6?-, the liab of a pub ofcer may be civ, crim, and/or admin o Admin liab % +h E Cr'( an$ '- a#e# $'ff fr a$('n (atter# o Admin liab % sep and distinct f rpenal and civ liabs Admin proceedin!s +rim prosecution prot the pub servs punishment of based on the timeD crime honored print that a pub ofc is a pub trust acts/omissions of a pub ofcer may consti / and at the same time a violn of the crim law and an admin offense % pros in /s NO$ a bar to the otherK admin cases are indep fr crim axns for the same act/omission fact that a pub ofcers already been +iv case

;#

9#

E#

administratively penali4ed for his wron!ful act/omission 2ON$ bar his conviction under the !en penal laws dismissal of a crim case on the !round of insufficiency of evid O&N-$ foreclose admin axn v# an errin! pub ofcer neither does the dismissal of an admin complaint necessarily bar the filin! of a crim info for the same/similar acts w/ cwere the sub) of the admin caseK double )eopardy 2ON$ lie a findin! of !uilt in the crim case 2ON$ necessarily result in findin! of liab in the admin case $+s findin! of civ liab v# a pub ofcer 2ON$ necessarily lead to a similar findin! in the admin axnK NOR will a favorable dispo in the civ axn absolve him fr admin liab basic premise" crim and civ cases are alto!ether diff fr admin matters, -?+6 that the dispo in the / st 5 2ON$ inevitably !oven the >rd and vice versa 0+ana v# Cebuson 58881 the concept of pre)udicial A involves a civ and a crim caseK theres NO pre)udicial A where / case is admin and the others civ/crimK rationale behind the prin of suspendin! a crim case in view of a pre)udicial As to avoid 5 conflictin! decisions 0$e v# +A 58881

/# purpose

5#

>#

Pro ee$'ng# -2 p!" of er# o 1) .vid and procedure.Din admin proceedin!s, theres the substantial evidence R o subst evid means such relevant evid as a reasonable mind mi!ht accept as ade*uate to support a conc o *uantum of proof re*d to est admin liab 3 subst evid, NO$ proof beyond reasonable doubt complainant has the burdenffo provin! by subst evid, the alle!ations in his complaint o civ cases" preponderance of evidence is ade*uate while proof of guilt beyond reasonable doubt is a condi sine 3ua non for conviction in a crim prosec :cause of the presum of innocence w/c the +onsti !uarantees an accused o pub ofcers are presumed to have performed their duties re!ularly and acted w/in the bounds of their auth ?N'&-- the contrarys shown o in admin proceedin!s" technical Rs of procedure and evid AR&N$ strictly applied and admin P +AN$ be fully e*uated w/ P in its strict )ud sense o P is satisfied when the ps are afforded fair and reasonable opp to explain their side of the contro/!iven the opp to move for a recon of the axn/rulin! complained of 0&spinosa v# Ofc of the Ombudsman 058881 o 2) +t to be informed of findings and recomms of an investigating committee. Din admin case, resps NO$ entitled to be informed of findin!s and recomms of any investi!atin! committee created to in*uire into char!es filed v# him o entitled /%2G to admin decision based on subst evid made of rec,

77

and a reasonable opp to meet the char!es and the evid presented v# him durin! the hearin!s of the investi! committee its the admin resoln and NO$ the investi! rpt w/c should be the basis of any further remedies resp mi!ht wish to pursue 0Pefianco v# Foral 58881 B2 C'-') L'a"')'t*

Re3# for re o-er* of $a(age# ar'#'ng fr a t# of p!" of er# o mere fact that the indiv has sustained in) by reason of the act of the pub ofcers NO$ enou!h to create a rt of axn o to create the rt of axn, 5 thin!s must concur" dama!e to himself AN wron!/violn of the rt of a p committed by the other o w/o a wron!, its damnum abs3ue injuria 0Fechem1 o ex# pub wor.s offs decline to lay out a road w/c an indiv desires/disconti / w/c it is for his int should be retained o dama!e B?$ NO wron! o offs owe NO duty to him as an indivK the duty performed/ne!lected was a pub duty o to sustain an axn by a priv indiv v# a pub ofcer, he F?-$ show that he, as distin!uished fr indivs in !en, has suffered some sp and peculiar in) fr the wron!ful act of w/c he complains o !ovt can ON'( act thru indiv persons o B?$ their liab, if any, is ON'( in their off cap, such that NO )ud!ment can be rendered to ma.e them personally liable in their priv cap, ?N'&-- theres a an alle! in the complaint that such offs have maliciously and in BB acted outside the scope of their off auth/7 o ,ts ON'( in the latter case that pub offs may be held resp in their indiv/priv caps 0Findanao Realty +o v# Iintanar /@;51 under the law on A Prevailin! )uris holdin! that pub offs are personally liable for dama!es arisin! fr ille! acts done in BB are premised on said offs havin! been sued BO$6 in their off and pers capacities 0+ity of An!eles v# +A /@@;1 o &xtant R" a pub ofcer -6AN$ be liable by way of moral and exemplary dama!es for acts done in the perf of off duties, ?N'&-- theres clear showin! of BB, malice/!ross ne! 0Carcia v# Pa)aro 5885K BB O&N-$ connote bad )ud!ment/simple ne!K it imports a dishonest purposes/some moral obli*uity and conscious doin! of a wron!, a breach of a .nown duty due to some motive/int/illDwill that parta.es of the nature of a fraud1 o Absent any showin! of BB/malice, every pub offs entitled to the presum of CB as well as re!ularity in the perf/dischar!e of off duties 0Bla*uera v# Alcala /@@E1 ,''?-$RA$,H& +A-&-" 12 Ph') Ra 'ng C)!", In -2 Bon'fa 'o /@;8 'ommission on +aces cancelled a horse race allo#ed by the board of judges. 7acts! o ,n a race held at the -ta Ana 6ippodrome, faulty start occurred by w/c / of the horses turned around, bloc.ed the other horses to his left, thereby allowin! the horses to his rt to !ain a subst lead at the outset

$he off starter recommended that the race be cancelled B?$ the mems of the stewards who were also the )ud!es turned a deaf ear to the recomm o +omm of Races, 6O2&H&R, after an onDtheDspot inspection, declared the race cancelled o ,n the meantime, while the investi! was !oin! on, the 6s of the winnin! tix were able to cash them at the tix widndows o $he result was that while the PPhil Racin! +lub, ,nc 0PR+1 paid the dividends on the winnin! tix, it had to refund to the 6s of the losin! /s P<,8>5 o $+ found for PR+ B?$ the +A relieved the resps, mems of the +omm, fr the civ liab ascribed to them by the fmr o RA >8@ created the +omm on Races w/c is char!ed w/ the super and re!n of horse races in the Phils o 7ud!es, ON $6& O$6&R 6AN , accd! to the Rs and re!ns adopted by the same +omm, det who the winners are, their decision bein! fin and irrevocable o 'A-$'(, the stewards are !iven the power to annul any race if in their opin theres bad dstart/some !ood reason exists )ustiyin! it 8ssue! o ,s it w/in the power of the +omm on Races to annul the race contrary the opin of the board of )ud!esJ Held! o NO, the axn by the +omm of Races was in excess of auth !ranted by law# o

1) "o#er of supervision.000 power of supervision cannot be extended to functions which belon! to other officials as delimited by law# supervision only means overseein! or the power or authority to see that subordinate officers perform their duties# ,t is different from control which includes the power to alter, nullify or set aside what a subordinate officer may do in the performance of his duties, as well as to substitute the )ud!ment of the superior for that of his subordinate# 6owever, considerin! that respondents have acted in their official capacity in the honest belief that they had such power as in fact they acted on the matter only after an on the spot investi!ation, we hold that they cannot be held liable for dama!es# 2) Acts performed #$in the scope of off auth. DD As a rule, a public officer, whether )udicial, *uasiD)udicial, or executive, is not personally liable to one in)ured as a conse*uence of an act performed within the scope of his official authority, and in the line of his official duty# ,n order that acts may be done within the scope of official authority, it is not necessary that they be prescribed by statute, or even that they be specifically directed or re*uested by a superior officer, but it is sufficient if they are done by an officer in relation to matters committed by law to his control or supervision, or that they have more or less connection with such matters, or that they have more or less connection with such matters, or that they are !overned by a lawful re*uirement of the department under whose authority the officer is actin!# -) 2iab for erroneous$mistaKen decisions.RA *uasD)ud ofcer who is invested with discretion is usually !iven immunity from liability to persons who may be in)ured as the result of an erroneous or mista.en decision, however erroneous )ud!ment may be, provided the acts complained of are done within the scope of the officerZs authority, and without wilfulness, malice, or corruption#

78

42 D!()ao -2 CA /@E5 'ity .ngr is charged #$ neg for %/6 repairing st #here accid tK place. 7acts! o Ps the heir of his deceased parents who fi!ured in a road accid o $o avoid a hole at the end of the brid!e, his father swerved his )eep B?$ collided w/ a truc. owned by w/c was comin! fr the opposite direction o As a result of the collission, both died o , city en!r of avao +ity, was char!ed w/ ne! in NO$ repairin! the road where the accid t. place and in NO$ ta.in! the nec precautions to warn the pub of the ha4ards on said ooad, thereby causin! the collision w/c resulted in the destruc of the )eep and death of its occupants 8ssue! o ,s personally liable for dama!esJ o Held! o NO o 1) &amages recoverable fr 'ity of &avao.00 Article 5/E@ of the +ivil +ode properly serves the basis of the liability of the +ity of avao, which does not include that of any of city officials" o Art# 5/E@# Provinces, cities and municipalities shall be liable for dama!es for the death of, or in)uries suffered by any person by reason of the defective condition of the roads, streets, brid!es, public buildin!s and other public wor.s under their control or supervision# o 2) Chen pub off personally liable.00 Nevertheless, it is a wellDsettled principle of law that a public official may be liable in his personal private capacity for whatever dama!e he may have caused by his act done with malice and in bad faith, = or beyond the scope of his authority or )urisdiction# < $he *uestion, therefore, is whether petitioner did act in any of the manner aforesaid# was sued in his official capacity, and that the most that was imputed to him is act of culpable ne!lect, inefficiency and !ross indifference in the performance of his official duties# Herily, this is not imputation of bad faith or malice, and what is more was not convincin!ly proven# o from the complaint itself, no sufficient cause of action was alle!ed, and the evidence utterly fails to provide a basis for imposin! on petitioner the liability as has been declared a!ainst him )ointly with his coDdefendants, the +ity of avao and 6ermanos de (ap, by the trial court# Ra(a -2 CA /@E9 +esp offs abolished several positions, easing out 2?? ees, and later hired 1K ne# ees. 7acts! o Provl Bard of +ebu abolished around >8 positions purportedly as a meas of econ, as a result of w/c 588 ees of the provs were eased out of their respective )obs o 6O2&H&R, contrary to its declared policy to economi4e, the provl admin later on hired around /. new ees, renovated the ofc of the provl en!r, and provided the latter w/a Fercedes Ben4 car o Pet offs, inc the !ov, were sued by the ees Gboth in their off and pers capsM as a result of their alle!ed Gun)ust, oppressive, ille!al and malicious actsM

8ssue! o Are the resps personally liable for dama!esJ Held! o (&-

1) "rin of pers liab.00 at least, in principle, a public officer by virtue of his office alone, is not immune from dama!es in his personal capacity arisin! from ille!al acts done in bad faith# A different rule would sanction the use of public office as a tool of oppression# A public officer who commits a tort or other wron!ful act, done in excess or beyond the scope of his duty, is not protected by Fs office and is personally liable therefor li.e any private individual 0Palma vs# Craciano,K +arreon vs# Province of Pampan!a1# 2) Appli of the prin.DD $his principle of personal liability has been applied to cases where a public officer removes another officer or dischar!es an employee wron!fully, the reported cases sayin! that by reason of nonD compliance with the re*uirements of law in respect to removal from office, the officials were actin! outside of their official authority 0-tiles vs# 'owell1# the petitioners are personally liable for dama!es because of their precipitate dismissal of provincial employees throu!h ostensibly le!al means# -) uit v. pets in their pers caps#DD Neither can petitioners shield themselves from liability by invo.in! the rulin! in the cases of 'arino vs. Agricultural 'redit and 'ooperative 7inancing Administration , Fay 55, /@;@# ,n those cases, the errin! public officials were sued in their official capacities whereas in the instant cases, petitioners were specifically sued in their personal capacities#

Effe t of ontr'"!tor* neg of 'nB!re$ p o R" pub ofcers should be held to a faithful perf of their off duties, and made to ans in dama!es to all persons who may have been in)ured thru their malfeasance, omission/ne! o B?$ its e*ually true that if the result complained of wouldve ffed, NO$2-$AN ,NC their misconduct, OR if the in)ured p himself contributed to the result in any de! by his own fault/ne!lect, they +AN$ be held resp o ,f the pos of the in)ured p wouldve been )ust the same had not the alle!ed misconduct occurred, he has NO le! !round of complaintK and if his conduct/the conduct of his atty contributed to the result, hes in pari delicto, and the law leaves him where it finds him 0Fechem1 L'a" of the Pre# for off a t# o &xec of the laws a matter as impt as the creation/detn of law o / br is as nec and impt as the other o whatever impedes/prevents the free and unconstrained activity of a !ovtal dept w/in its proper limits tends to evil results o the civ resp of the +& would produce in him an inevitable tendency to prot himself by ff lines of least resinstance and to temper the force of his exec arm in places and upon occasions where there is stron! oppo, either by powerful and influential persons/by !reat vested ints o althou!h the > depts of !ovt are coordinate and of 3 imptance in the admin of !ovtal affairs, N&H&R$6&'&--, the +&s the /st man of the state o an assault upon hims an assault upon eeh ppl

79

o o o

an offense v# hims an offense v# the state to put him on trials to put on trial the !ovt itself as the state may NO$ be held liable, and by such process its soverei!nty wea.ened, w/o express prov of law, so the person most perfectly its incarnation -6O? 'N$ be sub)edced curtly to pers liab for dama!es resultin! fr the perf of off acts & by law e*ually express 0Borbes v# +huoco $iaco" CvoDCen was sued for dma!es for wron!ful deporations# -+" Covt of ?- in Phils has the power and duty to deport alients" $he power to deport or expel obnoxious aliens bein! invested in the political department of the Covernment, the )udicial department will not, in the absence of express le!islative authority, intervene for the purpose of controllin! such power# the CovDCens under the obli! and necessity of detin! 2ON he has the power and auth to act, as he is of actin! when that power and auth are conceced# 6e should, $6&R&BOR&, be protected in that detn# B?$ hes liable when he acts so clearly outside of his power and auth that he +AN$ be said to have exerd discretion and )ud!ment, the )ud faculty in detin! 2ON he had auth# ,n such case, he acts NO$ as CovDCen B?$ a spriv indiv, and F?-$ ans for the conse*uences of his act1

enacted by the 'e!islature is valid, and the CovernorDCeneral had a le!al ri!ht to assume that Act No# 5E;E was valid# ,t was neither his official province nor duty to say whether the Act was or was not constitutional# ,t is his duty to enforce the law until such time as it has le!ally been declared unconstitutional# $o hold an executive personally liable in an action for dama!es for the performance or nonperformance of official duty, in le!al effect, would ma.e him a )ud!e as to when a law is or is not constitutional# -) %o confiscation of prop committed. R,t may be claimed that the ta.in! of the rice was a confiscation of his property to the amount of the difference between the actual value and the proposed value# But, concedin! that to be true, the defendants are not personally liable in an action for dama!es# $heir acts were official and discretionary, and they had a le!al ri!ht to assume that the law was valid# ,n the commission of the alle!ed acts, they were actin! for, and representin!, the Covernment of the Philippine ,slands under a law enacted by its 'e!islature, and it is elementary that without its consent no suit or action lies a!ainst the Covernment itself#

,''?-$RA$,H& +A-&" Moon -2 Harr'#on /@55 'avans of rice #ere sei@ed for distri to the pub under an allegedly unconstil la# and / #as paid F their mKt value. 7acts! o +omplaint alle!es that o P, a duly re!d partnership, was the O fo 5>>8 [ .ilos of -iam rice reasonably worth P5;#>5/cavanK o CovDCen sei4ed the rice for the purpose of distri to the pub at lar!eK o and other offs have promised to pay P/;#5</cavan and AR&N$ willin! to pay moreK and o sei4ure was a confiscation of priv prop contrary to the fund and or!anic law of the P,, and in voiln of a constil rt# o the acts were committed uner Act 5E;E, Phil 'e!is, and pursuant to &O <; and <9 ,ed by auth of said Act o +t dismissed axn# 6ence, the appeal 8ssue! o Are the s personally liable for dama!esJ Held! o NO o 1) 9ov09en acted in off cap.0 in the commission of the alle!ed acts, the CovernorDCeneral was actin! in his official capacity, and was en!a!ed in the performance of a duty en)oined upon him by the 'e!islature# ,t is now contended that the law in *uestion is unconstitutional and void# At the time of the alle!ed acts, he was exercisin! the discretionary power which was vested in him as CovernorDCeneral# no court has ever held and no final decision will ever be found holdin! an &xecutive personally liable in dama!es for the exercise of a discretionary power under a law before it has been held unconstitutional# o 2) 2a# presumed to be constil. DD $here is a le!al presumption that any law

L'a" of other e,e off# for off a t# o 1) 74ns involve e4er of discretion.D !ovt offs performin! discretionary fxns !enerally are shielded fr liab for civ dama!es insofar as their conduct O&-N$ violate crearly estabd stat/constil rts w/c any reasonable person wouldve .nown o if the law at that time 2-N$ clearly estabd, an off +O?' N$ reasonably be expected to anticipate subse*uent le! devts, NOR could he fairly be said to .now that the law forbade conduct NO$ previously idd as unlawful o $6?-, a +ity $reas who refused to accept a $Ps payment of realty tax based on an erroneous interp of the law NO$ made in BB ,-N$ liable to the a!!rived p for dama!es 0Auimpo v# Fendo4a /@E/1 o B?$ if the law was clearly estabd, the immunity def ordinarily should fail, since a reasonably competent pub off should .now the law !overnin! his conduct o 2) +easons for immunity.D+ts have reco!ni4ed the limited immunity fr pers liab for unconstil conduct, applicable to many classes of pub offs who were re*d to exer discretion in the course of their resps o such immunitys nec :cause the impo of monetary costs for mista.es w/c 2&R&N$ unreasonable in li!ht of all the circs would deter the most conscientious n!ovtal decision ma.er fr exertin! his )ud!ment independently, forcefully and in a manner best servicin! the lon!D term int of the pub o in the case of hi!her ofcers of the exec br, the analysis as to immunitys complex, since the ran!e of decisions and choicesRwhether the formulation of policy, of le!is, of bud!ets/of dayDtoDday decisionsRis virtually infinite o L offs w/ broad ran!e of duties and auth must often act swiftly and firmly at the ris. that an axn deferred will be futile/consti virtual abdication of ofc o -) Acts of heads of e4ec depts.D ?nder our presl type of !ovt, all heads of exec depts# are mere assts and As of the +& o & in cases where the Press re*d by the +onsti/law to act personally the multifarious exec and admin fxns of his ofc are performed by and thru the exec depts#, and the acts of ht secs, performed and rendered in the re! course of bus, are, ?N'&-- disapproved by the

80

+&, presumptively the acts of the Pres 0Hillena v# -ec of ,nterior /@>@1 L'a" of )eg'# off# for off a t# o 1) "rivs accorded mems of 'ong.DNO$ only are mems of +on! exempt fr !en liab, B?$ certain sp privs are accorded them by the +onsti AR$,+'& H, % $6& '&C,-'A$,H& &PAR$F&N$ Se t'on 11# A -enator or Fember of the 6ouse of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privile!ed from arrest while the +on!ress is in session# No Fember shall be *uestioned nor be held liable in any other place for any speech or debate in the +on!ress or in any committee thereof# o $hese privs are desi!ned NO$ to prot the mems v# prosecutions for their own bene B?$ to support the rts of the ppl by enablin! their reps to execute the fxns of their ofc w/o fear of prosecution, civ/crim 0Fechem1 o $heyre A'-O intended to secure for the le!is br freedom fr exec and )ud encroachment 2) +easons for immunity.DFems of pub le!is bodies are chosen by their constitutents to enact such laws, re!ns/Rs of conduct as in their )ud!ment are best suited to the welfare and prosperity of the ppl w/in their 7 o theyre called upon to exer their )ud!ment and discretion as to what the ppl need and what will best serve that need o perf of this dutys owin! to the pub and NO$ to indivs o theyd perf their duties in a timid and timeDservin! manner if theyd underta.e the perf at allRif every dissatisfied person wouldc ompel them to vindicate the wisdom of their enactments in an axn for dama!es o for these and other reasons, similar to those w/c operate the immunity of )ud ofcers, +! a pub legis ofcer(s %/6 liable to indivs for his legis a4n the immunity extends to A'' !rades of le!is axn o this immunitys NO$ confined to mems of +on! B?$ extends to the protn of the mems of loc le!is bodies 0mn! +AN$ be arrested alsoJ\1

L'a" of (e(# of the B!$ for off a t# o 1) +easons for immunity.DCen prin" NO civ axn/admin can be sustained v# a )ud ofcer for the recovery of dama!es by / caimin! to have been in)ured by the ofcers )ud axn w/in his 7 o fr the nature of the case, the ofcers called upon by law to exer his )ud!ment in the matter and the law holds his duty to the indiv to be performed when he has exerd it, 6O2&H&R erroneous/disastrous in its conse*unces it may appear either to the p/to others o Reasons in support of this R" o A# the nec result of the liab would be to occupy the )ud!es time and mind w the def of his own ints, when he should be !ivin! them up wholly to his pub duties, $6&R&B( defeatin! to some extent the very purpose for w/c his ofc was created o B# the effect of puttin! the )ud!e on his def as wron!doer necessarily is to lower the estimation in w/c his ofc is held by the pub, and any

ad)udication v# him lessens the wt of his subse*uent decisions +# the civ resp of the )ud!e would often be an incentive to dishonest instead of honest )ud!ments, and would invite him to consult pub opin and pub pre)udices when he ou!ht to be wholly above and uninfluenced by them o # such civ resp would consti a serious obstruction to )ust in that it would render essential a lar!e inc in the )ud force, NO$ only as it would multiply lit B?$ as it would open ea case to endless contro ,f / )ud!e can be tried for his )ud!ment, the / who presides on the trial may also be tried for his, and $6?- the proc may !o on til it becomes intolerable o &# where the )ud!e is rly deservin! of condemnation, a prosec at the instance of the states a much more effectual meth of brin!in! him to acct than the priv suit o B# )ud ofcrs would N&H&R be accepted by any man of standin!, reputation/fin worth, if at the peril of his fortune, he must )ustify his )ud!ments to the satisfaction of another )du!e at the instance of a dissatisfied liti!ant 2) 8mmunity %/6 affected by motives.D CR" a )ud!e ,-N$ liable for acts done in the exer of )ud fxn o immunity O&-N$ apply to acts w/c are purely ministerial in nature, A'$6O?C6 insofar as theyre actin! w/in their )ud auth, their immunity fr civ liabs held NO$ affected by BB, malice/corrupt motives o if the )du!e be in fact corrupt, the pub has its remedy, B?$ the defeated suitor +AN$ be permitted to obtain redress v# the )ud!e by alle!in! that the )ud!ment v# him was the result of corrupt/malicious motives 0Fechem1 o Reasons for this R" +ontros involvin! NO$ merely !reat pecuniary ints B?$ the lib and char of the ps, and conse*uently excitin! the deepest feelin!s, are bein! constantly detd in the cts, in w/c theres !reat conflict in the evid and !reat doubt as to the law w/c should !overn their decision# ,ts this class of cases w/c imposes upon the )ud!e the severest labor, and often creates in his mind a painful sense of resp# yet its precisely in this class of cases that the losin! p feels FO-$ .eenly the decision v# him, and most readily accepts anythin! B?$ the soundness of the decision in explan of the axn of the )du!e# 7ust in propn to the stren!th of his convicctions of the correctness of his own view of the case, is he apt to complain of the )ud!ment v# him, and fr complaints of the )ud!ment, to pass to the ascription of improper motives to the )ud!e 2hen the contro invovles As affectin! lar!e amts of prop, or relates to a matter of !en pub concern/touches the int of numerous ps, the disappointment occasioned by an adverse deicision often finds vent in imputations of this char, and fr the imperfections of hum nature, this is hardly a sub) of wonder# ,f civ axns could be maintained in such cases v# $he )ud!e, :cause the losin! p should set fit to alle!e in his complaint that the acts of the )ud!e were done w/ o

81

partiality/maliciously/corruptly, the protn essential to )ud independece would b entirely swept away# Bew persons sufificently irritated to insti a axn v# a )du!e fr his )ud acts would hestistate to ascribe any char to the acts w/c would be essential to the maintenance of the axn# ,f upon such alle!ations a )ud!ecouuld be compelled to ans in a civ axn for his )ud acts, NO$ only would his ofc be de!raded and his usefulness destroyed, B?$ hed be sub)ected for his prot to the necessity of preservin! a complete rec of all the evid produced before him in every liti!ated case, and of the auths cited and ar!s presented, in order that he mi!ht be able to show the)ud!e before whom he mi!ht be summoned by the losin! partyRand that )ud!e perhaps / of a lower 7Rthat he decided as he did w/ )ud inte!K and the 5nd )ud!e would be sub)ected to a similar burden as he in his turn mi!ht also be held amenable by the losin! p# -) 2iab for rendering an unjsut judgment.D as a matter of pub policy, in the absence of fraud, dishonesty/corruption, the acts of a )ud!e in his )ud cap AR&N$ sub) to disciplinary axn, &H&N thou!h such acts are erroneous 0 ela +ru4 v# +oncepcion /@@=1 o to hold otherwise, would be nothin! short of harassment and would ma.e his pos doubly unbearable, for no/ called upon to try the facts/interpret the law in the proc of administerin! )ust can be infallible in his )ud!ment 0Cuillermo v# Reyes 7r /@@<1 o B?$ a )du!e may be held criminally liable for dereliction of duty for .nowin!ly renderin! an un)ust )udment/interlocutory order by reason of inexcusable ne!/i!norance 0RP+, 58=D58;1 -o a )ud!e may be held iable for .nowin!ly renderin! a nun)ust )ud!ment, it must be shown that the )ud!ments un)ust as its contrary to law/NO$ supported by the evid, and it was made w/ conscious and delib intent to do an in)ust And the test to det 2ON the )ud!ment/orders un)ust may be inferred fr the circ that its manifestly contrary to law/,-N$ supported by the wt of evid 0Buenvavista, 7r v# Carcia /@@81 $o hold a )ud!e liable for the rendition of a manifestly un)ust )ud!ment by reason of inexcusable ne!/i!norance, it must be shown that althou!h hes acted w/o malice, he failed to observe in the perf of his duty that dil, prudence and care w/c the law re*uires Ne! and i!norance are inexcusable if they imply manifest in)ust w/c +AN$ be explained by a reasonable interp 0Abad v# Ble4a /@E;1 o A )ud ofcer when re*d to exer his )ud!ment/discretions NO$ held criminally, civilly/administratively for any error of judgment that he may commit, absent any showin! of BB, corruption, malice, delib intent to violate the law/a persistent disre of wellD.nown le! Rs and prins 0,n re Rafael +# +limaco /@9=1 B?$ where theres a !ross mis)ud!ment/!ross i!norance of the law, he may be meted the penalty of suspension

$he act remains un)ustified 0,n re Pet of ismissal and/or isbarment of 7ud!e BR i4on /@E@1 7ud!es F-?$ .eep themselves posted in the latest law and )uris 0Abad v# Ble4a1 5) 2iab for gross ignorance of la# and incompetence.D Cross i!norance of law and incompetence are characteristics and *uir.s impermissible of a )du!e o a )ud!e is called upon to exh S a cursory ac*uaintance w/ stats and procedural Rs o its imperative that he be conversant w/ basic le! prins o +anon = of +anons of 7ud &thics r*uirest that the )ud!e should be Gstudious of the prins of lawM and +anon /E mandates that he Gshould admin his ofc w/ a due re to the inte! of the sys of law itself, rememberin! that hes NO$ a depository of arbit power B?$ a )ud!e under the sanction of lawM 0&stoya v# AbrahamD-in!son 0/@@=1

L'a" of 3!a#'>B!$ of er# for off a t# o 1) %ature of f4ns.Doffs in exec/mems of bodies who ON$ belon! strictly to any tradl brach and are vested w/ discretion and empowered to exer )ud!ment in matters brou!ht bfore them o fxns 3 *uasiD)udcalled *uasiD)ud ofcers o 2) +easons for immunity.Dsame reasons of priv int and pub policy w/c operate to render )ud ofcer exempt fr civ liab for his )ud acts w/in his 7 apply to A7 ofcer o wellDsettled" A7 ofcer +AN$ be called upon to respond in dama!es to priv indiv for honest exer of )ud!ment w/in his 7 6O2&H&R erroneous/mis!uided 0Fechem1 Mer a$o -2 Me$'na /@;E +esp 'ommissioner committed error of judgment in %/6 proceeding #$ hearing of overcharging case &. "86. pendency in ' of pet for cert 7acts! o Bus operators affiliated w/ Bus Operators Assoc of the Phils filed an appli for inc in passen!er fares w/ P-+ o Pendin! resoln, P-+, upon motion of applicants, ,ed on ec E, ;< an order w/c provlally hi.ed the transpo rate o ue to noumerous complaints fr commuters, P-+ ,ed an amendatory order on 7an /9 E; reducin! the min provl fare w/ proviso" in Creater Fnla area, the 4onal arran!ement shall be applied o After that, residents fr A+ complaind that the bus operators divided A+ into 4ones and collected fares in excess of provl rate allowed by 7an /9 order o Protestin! commuter 3 complainant, FR" denounced FF and 7 bus cos for overchar!in! passen!ers commutin! fr Pa!Dasa and Pro) in A+ to Fnla and bac. o Resp +omm after formal hearin!, ,ed written order" the alle!ed overchar!in! committed by resps was due to confusion created by words G4onal areaM or G4onal arran!ementsMK +omm creates a +ommittee to survey the areas and lines covered by the diff operators o FRs complaint doc.eted as case ;;D//D8+ o +ounsel for oppositors in the case for inc of passen!er fares filed w/ -+ a pet for prelim in)unction w/ cert prayin! that the +omm be en)oined fr enforcin! its orders of ec E and 7an /9 and that they be declared ille!

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P-+ postponed hearin! on merits of the case :til fin resoln of pet pendin! o +ommittee submitted recomms to respo +omm who suspended the proceedin!s in case ;D//D8+ pendin! the -+ decision, believin! that the eventual resoln of the pet for cert would substantially affect the dispo of complainants char!es v# the FF and 7 bus cos o 7une /< ;;" complainant in writin! ur!ed resp +omm to resolve w/o delay the case he filed o After =<days of inaction of resp +omm, the complainant instituted the pres admin case 8ssue! o ,s resp +omm !uilty of o /# Nonfeasance/dereliction of dutyJ o 5# Fisfeasance, misconduct and conduct unworthy of a pub offJ o ># Abuse of discretion and partialityJ Held! NO o complaint is dismissed, and the respondent is absolved from all the char!es# ?nder the environmental circumstances, however, it would appear hi!hly advisable that the respondent proceed with the hearin! of case ;;D//DO+ with reasonable dispatch and arrive at a decision with deliberate speed# o 2) +e the 1st charge.00 respondent is !uilty of neither nonDfeasance nor dereliction of duty# $his offense implies a willful or fraudulent omission or ne!lect of official duty, and not mere failure to do one particular thin!# Hiewed in this, context, the respondentZs actuations manifestly do not amount to dereliction of duty# $he record shows that shortly after the respondent received the complaint, he issued a Vshow causeV order a!ainst the FF Bus 'ines, ,nc#, and thirteen days after the filin! of the complaint he conducted the first formal hearin!# $hen believin! that the complaint could be resolved fairly only after a thorou!h appraisal of the V4onalV and Vtotal distance travelledV systems, the respondent created a committee for this purpose# o however, that the respondent commissioner committed an error of )ud!ment in not proceedin! with the hearin! of case ;;D//DO+, despite the pendency in this +ourt of the petition for certiorari relative to case ;=D5>;<# ,f the bus operators are found !uilty of exactin! fares beyond the rate provisionally authori4ed by the controverted orders, a subse*uent declaration by this +ourt that the said orders are valid will not miti!ate, much less )ustify, their violation# ?pon the other hand, the nullity of said orders will not exempt the errin! bus companies from liability for in the very least they could be ordered to ma.e the necessary refund# o 2) +e the 2nd charge.00 the complainant averred that the respondent, with manifest intent of favorin! the bus operators at the expense of the ridin! public, made substantial and pre)udicial alterations when his dictated order was reduced to written form# respondent denied this and char!ed complainant w/ misconstruin! it# Herbal order states" o a# considerin! that the overchar!in! committed by the respondent was due to a confusion o b# Atty# Re!ala promises that the difference in collection will be returned1, and o $he +ommission expects the respondent to voluntarily return the amounts overchar!ed o Accordin! to the respondent, statement 0a1 does not confirm the accusation of overchar!in!# As he correctly points out, it would be superfluous to create o

a committee to ma.e a Vsurvey of the areas travelledV if there was already a cate!orical findin! of overchar!in! by the bus operators# -tatements 0b1 and 0c1 cannot be construed to constitute an order for refund# $he word VexpectsV is not e*uivalent to a command or an order# 2ith respect to 0b1, the respondent testified that he ordered this portion deleted upon the vi!orous manifestation of Atty# Re!ala that he could not bind or commit his client# $his testimony was corroborated by +onsuelo # Para!as, the steno!rapher who too. down the dictated order# o the evidence does not clearly establish that, in ma.in! such modifications, the respondent has been actuated by bad faith or any intention to be partial in favor of the bus operators# o -) +e -rd p charge.Dthis has not been satisfactorily established# 2hile it may be true that suspicion mi!ht have been en!endered in the mind of the complainant re!ardin! alle!ed partiality of the respondent in favor of the bus operators, no combi of speculation, surmise and suspicion, however contrived, can attain the cat of evidentiary proof L'a" of ('n'#ter'a) of er# for off a t# o 1) 9+.Dwhere law imposes upon a pub ofcer the perf of ministerial duties in w/c a priv indiv has a sp and dir int, the ofcer will be liable to such indiv for any in) w/c he may proximately sustain in conse*uence of the failure/ne!lect of the ofcer to perf the duty at all/to perf it properly o in such case, the ofcers liable for nonfeasance and misfeasance/malfeasance o a purely ministerial act/dutys / w/c an ofcer/trib perfs in a !iven state of facts, in a prescribed manner, in obedience to the mandate of the le! auth, w/o re to the exer of his own )ud!ment upon the propriety/impropriety of the act done o the duty imposed on the sheriff to execute a writ of execs ministerial, NO$ directory o he has NO discretion 2ON to execute it 0Blorendo v# &nrile @51 o of the lawi mposes a duty upon a pub ocer and !ives him the rt to decide how/when the duty shall be performed, such dutys discretionary and NO$ ministerial 0+odeilla -r v# de Henecia1 o 2) +e3s for liab.Dindiv suin! must show hes suffered an in) fr the breach of adut owin! to himself o NO$ enou!h he has sustained an in)/ofcers violated a duty owin! to some/ o P F?-$ show that these 5 thin!s concur" o 6es sustained a sp and peculiar in) AN o it results fr a breach of duty w/c the ofcer owed to him 0Fechem1 o wellDsettled" the ministerial ofcer who perfs in the prescribed manner and w/ due care and dil an act imposed upon him by law incurs NO liab to any indiv 6O2&H&R much the latter may be in)ured o -) liab #here ofcer also acts e4trajudicially.D that the ofcers / who usu acts )udicially/extr)audicialls NO$ conlcusive, for such may be fre*uently called upon to perf ministerial acts o as to such acts,theyre !overned by the same Rs w/c cont ministerial axn in other cases @'n$# of )'a" of ('n'#ter'a) of er# o > classes of defulats in perf of ministerial duties" o 1) %onfeasance % ne!lect/refusal, w/o suff excuse, to perf an act w/c it was the ofcers le! duty to the indiv to perf

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2) Misfeasance % failure to use, in the perf of a duty owin! to an indiv, that de! of care, s.ill and dil w/c the circs of the case reasonably demandK and o -) Misfeasance % doin!, either thru i!norace, inattention/malice, of that w/c the ofcer has NO le! rt to do at all, as where the acts w/o any auth whatever, or exceeds, i!nores/abuses his powers o CR" CB and absence of malice consti NO def in an axn to hold a ministerial ofcer liable for dam!es caus dby his nonfeasance/misfeasances, for an ofcers under aconstant obli! to dischar!e the duties of his ofc, and its NO$ nec to show that his failrre to act was willful/malicious o B?$ CB/honest mista.e may, in some cases, be shown in mit of dama!es L'a" of #!per'or of er for a t# of #!"or$'nate# o 1) 9+.DCR" pub ofcers of the !ovt, in perf of their pub fxns, AR&N$ civilly liable to >rd, either for misfeasance/positive wron!s OR for the nonfeasance, ne!/omissions of duty of their off subordinates 0Fechem1 o exemption of pub ofcers fr resp for acts and defaults of those employed by/under them in the dischar!e of their pub duties is allowed in a !reat meas fr consid ofpub policy o consistent w/ int in unimpaired decisionDma.in!, its appropriate to prot fr the possibility of suit a pub servant who 6A-N$ himself en!a!ed in axnable conductK $6?- those in the chain of command -6O?' N$ be sub) to suit on any th of vicarious resp o 2) .s.DR w/c exempts fr liab a pub ofcer in a supervisory pos for acts/defaults of his subordinates is *ualified" o a# where, bein! char!ed w/ the duty of employin!/retainin! his subordinate, he ne!li!ently/willfully employs/retains unfit/improper personsK OR o b# where, bein! char!ed w/ the duty to see that they are apptnd/*ualified in a proper name, he ne!li!ently/willfully falls to re*uire them the due conformity to the prescribed re!nsK OR o c# where he so carelessly/ne!li!ently oversees, conducts/carries on the bus of his ofc as to furnish the opp for the defaultK OR o d# a fortiori, where hes directed, authori4ed/cooperated in the wron! 0Fechem1K OR o e# where the liabs expressly provided in the stat o /ther .s.Da superiors also liable for the miconduct/ne! w/in the scope of the employment of those employed by/under him voluntarily/privately, and paid by/resp to him o Admin +ode, B. /, +h @, ->E" A pub ofcer shall be civilly liable for acts done in the perf of his off duties where theres a clear showin! of BB, malice/!ross ne!, O R for ne!lect to perf a duty w/in a pd fixed by law/re!n/w/in a reasonable pd if nones fixed OR for the wron!ful acts, omissions of duty, ne!/misfeasance of his subordinates where hes actually authori4ed by written order the spec act/omission complained of o L'a" of #!"or$'nate# o 1) ame +s as those applicable to ofcers of higher ranK.D extent of immunity fr liab to >rd persons afforded a !ovt off is to be detd by the nature of the act complained of RA$6&R than the name of the ofc in w/c he serves o NO distinctions made bet pub offs and ees for the purpose of detin! o

immunity CR" Rs applicable to ofcers of hi!her ran. for off misconduct are the same as those !overnin! subordinate ofcers o ,n every case, a ct F?-$ ma.e a delicate bal" the need to free the parti ofcer to perf his fxns w/o the vexation of defendin! lawsuits arisin! fr their perf, v# the rt of an a!!rieved p to see. redress o 2) Chere acts done pursuant to orders$instrucs of a superior.D A subordinate off who acts in CB under orders/instrucs of a superior ofcer actin! in pursuance to laws NO$ personally liable in an axn for dama!es o this prin holds true &H&N thou!h the superior ofcer acts under an unconstil law before the sames ad)ud!ed to be void 0Foon v# 6arrison /@551 o B?$ an order of a superiors, in !en, NO )ustification for an unlawful act on the part of a subordinate ofcer, A'6$O?C6, in a proper case, the fact that the was actin! under the orders of his superior may be shown in miti!ation of dama!es o 6e shall be civilly liable for willful/ne!li!ent acts done by him w/c are contrary to law, morals, pub policy/!ood customs, &H&N if he acted under orders/instrucs by his superiors 0&O 5@5, ->@1 o 2here, 6O2&H&R, a ministerial ofcers vested w/ NO discretion and the law places on him the imperative duty of obeyin! the orders of a superior, hes protected by the comman of his superior fr liab o L'a" for tort!o!# a t# o 1) Acts done #in scope of off auth.D A pub ofcer, whether )ud, A7/exec, is !enerally NO$ personally liable to / in)ured in conse*uence of an act performed w/in the scope of off auth, and in line of off duty o Rs rationale in concept" where the pub ees performin! the fxn w/in the ambit of his auth and the ris. of in) to the pubs inherent in the activity, the ee ou!ht NO$ to be re*d to bear the ris. and $6&R&BOR&, his ne!, will be re!arded as decisional in nature ad 6&N+&, immune o 2) Acts done #$o$in e4cess of off auth.DB?$ ofcers and ees of a state AR&N$ immune fr suit for their tortuous conduct, &H&N where such conducts committed in the course of their employment o if a pub ofcer exceeds the power conferred on him by law, he +AN$ shelter himself by the plea that hes a pub A actin! under color of his ofc, OR that the dama!e was caused by an act done/omitted under color of ofc, and NO$ personally o in the eye of the law, his acts are wholly w/o auth o this prin of pers liabs been applied to cases where a pub ofcer removes another ofcer/dischar!es an ee/refuses to reinstate him wron!fully/ille!ally/in BB 0Nemen4o v# -abellano /@;E1 1!'(#'ng -2 La h' a /@;/ 7acts! 1) "eace ofcers arrested persons attending authori@ed cocKpit. 7acts! o A coc.pit owned by P pet was raided by mems of city pol and Phil +onstabulary upon !round it was bein! ille!ally held on that day, w/c 2A-N$ a le! holiday o A and @ others were char!ed for violn of A/@@, RP+ in reln to -55E< and 55E; of RA+ o $urned out coc.!i!ht was authori4ed by the ordinances of the +ity of ,loilo in o

84

reln to RA @>E o BB imputed to resps who were sued in their priv cap NO$ duly estabd 8ssue! o Are resps personally liable for dama!esJ Held! NO o 1) 2a# enforcing agents acted in 97.00 resps were unaware of the city ordinances relieved upon by A# ,ndeed, they appeared to have been surprised when petitioner invo.ed said ordinances# Foreover, there is every reason to believe that they were earnestly of the opinion that coc.fi!htin! on $hursdays is, despite the aforementioned ordinances, ille!al under Article /@@ of the Revised Penal +ode# the facts of record sufficiently warrant the conclusion that +apt# 'achica and 't# Ali]o 7r# had acted in !ood faith and that they were faithfully dischar!in! their duty as law enforcin! a!ents# o 2) 2iab for damages.DD ,n the li!ht of the fore!oin! and of the other circumstances surroundin! the case, and inasmuch as the assessment of moral and exemplary dama!es Vis left to the discretion of the court, accordin! to the circumstances of each caseV 0Art# 55/;,1, respondents herein should not be held liable for said dama!es# Neither should they be sentenced to pay compensatory dama!es, the same not havin! been proven satisfactorily# 49 Ma"!to) -2 Pa# !a) /@E> & pub offs ordered demolition fo apt bldg. 7acts! o s who were then mems of Ad 6oc +ommittee implementin! P 5@; and 'O, /@ for +ity of -an 7ose, passed a resoln for demolition of >Ddoor apt, w/c was in fact demolished# o Ps, husb and wife, as.ed for monetary dama!es o $he bld! permit !ranted Ps has previously been revo.ed on !round a portion of the bld! then under construc occupied the cree. bedK that Ps failed to demolish the bld! after re*uestin! several times for such extK and Ps were affluent# 8ssue! o Are s personally liable for dama!esJ Held! NO o "ub offs acted in 97.DR" A pub offs NO$ liable for dama!es for performin! a duty re*d by law and absent in BB o +AB" Ps stated in their complaint that s are all pub offs and they ordered the demolition of the apt bld! in the dischar!e of their off fxns o remains ON'( the A as to 2ON they acted in BB and they , N$ 59 Fe#teBo -2 Fernan$o /@<= &ir of "ub CorKs allegedly tK possession of sugar lands to the damages and prejudice of o#ner 7acts! o P, plaintiff, owner of some su!ar lands, filed an axn for dama!es v# R, ir of Pub 2or.s, alle!in! that the latter, w/o auth obtained /st fr the ct and w/o the .nowled!e and consent of said P, and v# her express ob)ection, unlawfully t. possession of portions of said lands and constructed thereon an irri!ation canal, to her dama!e and pre)udice o '+ sustained Rs def that the suits / v# the Rep and since theres NO showin! that the -tates consented to be sued, it dismissed the complaint# o 6&N+&, this appeal

8ssue! o id the '+ err in dismissin! the caseJ Held! (&o 1) "ers liab of pub ofcer$ee for tort.D $he pres suits a pers axn v# the ir of Pub 2or.s# Ordinarily the officer or employee committin! the tort is personally liable therefor, and may be sued as any other citi4en and held answerable for whatever in)ury or dama!e results from his tortious act# o 2) "ers liab of pub ofcer for acts outside the scope of his =. -- ,t is a !eneral rule that an officerDexecutive, administrative *uasiD)udicial, ministerial, or otherwise who acts outside the scope of his )urisdiction and without authori4ation of law may thereby render himself amenable to personal liability in a civil suit# ,f he exceed the power conferred on him by law, he cannot shelter himself by the plea that he is a public a!ent actin! under the color of his office, and not personally# ,n the eye of the law, his acts then are wholly without authority# $he rulin!s )ustified under A>5, ++# 'oncepcion, &8 .%68%9! o $he alle!ations of the complaint lead to no other conclusion than that appellee ,saias Bernando is a party in this case, not in his personal capacity, but as an officer of the Covernment# $he emphasis thus placed upon the alle!ation that the acts complained of were performed by said defendant Vas irector of the Bureau of Public 2or.s,V clearly shows that the desi!nation of his office was included in the title of the case to indicate that he was bein! sued in his official capacity# Foreover, in prayin! that that possession of the portions of land occupied by the irri!ation canal involved in the pres case be returned to P herein, and that said land be restored to its fmr condi, P see.s to divest the !ovt of its possession of said irri!ation canal and whats worse, to cause said prop of the !ovt ot be removed/destroyed# $he !ovts the real p in int# 6&N+&, the suit +AN$ be maintained w/o the consent of the state# =9 Pa)(a -2 /ra 'ano /@<; 9ov instituted 2 crim cases v. ", allegedly due to pers hatred and vengeance v. the latter. 7acts! o P instistuted an axn to recover dama!es for the insti of 5 crim cases v# him for Gfraud v# the pub treasM 0w/c was dismissed1 and of malversation of pub funds 0in wc he was ac*uitted1, alle!in! that thru Mmalicious machinations and BBM w/ the intention of Gharassin! and embarrassin! him to besmirch his honor and repM by +, then Provl !ov of +ebu, who, its said acted Gw/ evident premeditationM and due to Gpers hatred and ven!eance v# P Min connivance w/ C, as asst fiscal of +ebu +ity, and contrary to law#M o +ity and Prov of +ebu were li.ewise included in the complaint as s o All the s filed sep F$ s alle!in! tha there exists NO +OA o +B, 0now $+1 sustained said motions and dismissed the case# o 6&N+&, this appeal 8ssue! o 2ON theres a +OA v# the s o Held! o 1) Chen muni corp resp for acts of its ofcers.D As for the muni corps theres NON&K for the pub offs, there is# 6&N+&, the +B, rulin! smodified# As v# the city and prov of +ebu, the prosec of crimes ,-N$ a corp fxn B?$ !ovtal/potl in char# ,n the exer of such fxn, muni corps AR&N$ resp for the acts of their ofcers, & ifand when, and ON'( to the extent that they have acted by auth of

85

the law, and in conformity w/ the re*s thereof# 2) Chen pub ofcer personally liable for his acts.D As v# + and C, the recs remanded to the '+ for further proceedin!s# ,t appears the trial )du!e dismissed the case w/o !ivin! the P an opp to prove his alle!ations# $6?-, P was denied P# 2ellDsettled" when a pub ofcer !oes outside the scope of his duty, particularly when actin! tortiously, hes NO$ entitled to protn on acct of his ofc, B?$s liable for his acts li.e any priv indiv o <9 /en#on -2 A$ar)e /@E9 High#ay &ist .ng tolerated a subordinate to moonlight on a non0#orKing day in the ofc premises. 7acts! o Q was the successful bidde rin the sale at pub oauction of )un. and other serviceable !ovt prop located at the compound of the 6i!hway ist &n!rs Ofc o 6e hired A as laborer to !ather and ta.e away the scrap fr said compound o On a -at and nonDwor.in! day, the buc.et of the payloader bein! driven by B fell and hit A who suffered inu)s o A instituted an axn for dma!es v# Q, B, F, civ en!r and C, 6i!hway ist &n!r o C was ad)ud!ed liable for dama!es on the !round that he was supposed to .now what his men do w/ their !ovt e*uip w/in an area under his super o $hat C was pres w/in the premises 2A-N$ supported by the evid on rec o Accd! to the $+, C authori4ed the wor. on that day of the accid o 8ssues! o /1 ,s the suit v# B, in effect, a suit v# the Covt, and therefore, should be dismissed under the prin of nonsuitability of the stateJ o 51 ,s there a suff basis for the GmasterDservantM doctrine in tort law to applyJ o Held! o

1) NO# uit v. High#ay &ist .ngr in his priv cap.00 ,n 1eli@ar v. 1ra@as, 05 -+RA <5;1, we ruled that Vthe fact that the duties and positions of the defendants are indicated does not mean that they are bein! sued in their official capacities, especially as the present action is not one a!ainst the Covernment#V Burthermore, the accident in the case at bar happened on a nonDwor.in! day and there was no showin! that the wor. performed on that day was authori4ed by the !overnment# 2hile the e*uipment used belon!s to the Covernment, the wor. was private in nature, for the benefit of a purchaser of )un.# As the -+ has held in the case of +epublic v. "alacio, 5> -+RA E@@, @8;" the ,-? liability thus arose from tort and not from contract, and it is a wellDentrenched rule in this )urisdiction, embodied in Article 5/E8 of the +ivil +ode of the Philippines, that the -tate is liable only for torts caused by its special a!ents, specially commissioned to carry out the acts complained of outside of such a!entZs re!ular duties 0Ferritt v# ,nsular Covernment, supraK Rosete v# Auditor Ceneral, E/ Phil# =<>1 $here bein! no proof that the ma.in! of the tortious inducement was authori4ed, neither the -tate nor its funds can be made liable therefor# 2) NO# %/ evid of malice, 17$gross neg presented.00 Buensalido was not wor.in! overtime as a !overnment employee# ,t is doubtful if the district en!ineer can be considered an VemployerV for purposes of tort liability who may be liable even if he was not there# No evidence was presented to show that an application for overtime wor. or a claim for overtime pay from the

district en!ineerZs office was ever filed# ,t is more lo!ical to presume that Buensalido, the operator of the payloader, was tryin! to earn a little money on the side from the )un. buyer and that his presence in the compound on that -aturday was a purely private arran!ement# o Brom the records of this case, we are not disposed to rule that a supervisor who tolerates his subordinates to moonli!ht on a nonDwor.in! day in their office premises can be held liable for everythin! that happens on that day# ,t would have been preferable if Fr# Arbatin brou!ht his own payloader operator and perhaps, his own e*uipment but we are not dealin! with sound office practice in this case# $he issue before us is subsidiary liability for tort comitted by a !overnment employee who is moonli!htin! on a nonDwor.in! day# o $here is no showin! from the records that Censon received anythin! which could be called Vinordinate !ain#V ,t is possible that he permitted wor. on a -aturday to accomodate an ac*uaintance but it is more plausible that he simply wanted to clear his compound of )un. and the best time for the winnin! bidder to do it was on a nonDwor.in! day# o At any rate, there is nomalice, bad faith, or !ross ne!li!ence on the part of Censon to hold him liable for the acts of Buensalido and Arbatin# 69 Carreon -2 Pro- of Pa(panga /@<; Mems of the "rovl 1oard stopped #orK on a bridge #$o any valid reason after contractor contributed a specified sum to build it. o 7acts! o $he Provl Board a!reed to contri a specified sum to build a brid!e desired by the P to reach certain prop w/c hed subdivided for sale, if the P could contri so much, and then appropriated the funds after the P made his contris# o Provl Board stopped wor. and diverted the bal of the appropriation to a diff brid!e o P brou!ht an axn for dama!es v# the mems of the Provl Board 8ssue! o Are the s personally liable for dama!esJ o Held! G. o 1) & mems acted tortiously.D s acted w/o any valid reason, ille!ally and maliciously# 2hen a pub ofcer !oes outside the scope of his duty, particularly when actin! tortiously, hes NO$ protected by his ofc B?$ liable li.e any priv indiv# $his liabs even clearer when the act performed involves corp/proprietary fxns RA$6&R than those strictly !ovtal/potl in nature L'a" !n$er the CC o 1) 7or failure$neglect to perf off duty! o Art# 59# Any person sufferin! material or moral loss because a public servant or employee refuses or ne!lects, without )ust cause, to perform his official duty may file an action for dama!es and other relief a!ainst he latter, without pre)udice to any disciplinary administrative action that may be ta.en# o purpose" minimi4e bribery# Presupposes refusal/omission of pub offs attributable to malice/inexcusable ne! 0$u4on v# +A @51 o 2) 7or violating rts and libs of priv indivs Art# >5# Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the followin! ri!hts and liberties of another person shall be liable to the latter for dama!es"

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0/1 Breedom of reli!ionK 051 Breedom of speechK 0>1 Breedom to write for the press or to maintain a periodical publicationK 0=1 Breedom from arbitrary or ille!al detentionK 0<1 Breedom of suffra!eK 0;1 $he ri!ht a!ainst deprivation of property without due process of lawK 091 $he ri!ht to a )ust compensation when private property is ta.en for public useK 0E1 $he ri!ht to the e*ual protection of the lawsK 0@1 $he ri!ht to be secure in oneZs person, house, papers, and effects a!ainst unreasonable searches and sei4uresK 0/81 $he liberty of abode and of chan!in! the sameK 0//1 $he privacy of communication and correspondenceK 0/51 $he ri!ht to become a member of associations or societies for purposes not contrary to lawK 0/>1 $he ri!ht to ta.e part in a peaceable assembly to petition the !overnment for redress of !rievancesK 0/=1 $he ri!ht to be free from involuntary servitude in any formK 0/<1 $he ri!ht of the accused a!ainst excessive bailK 0/;1 $he ri!ht of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation a!ainst him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalfK 0/91 Breedom from bein! compelled to be a witness a!ainst oneZs self, or from bein! forced to confess !uilt, or from bein! induced by a promise of immunity or reward to ma.e such confession, except when the person confessin! becomes a -tate witnessK 0/E1 Breedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been )udicially declared unconstitutionalK and 0/@1 Breedom of access to the courts# ,n any of the cases referred to in this article, whether or not the defendantZs act or omission constitutes a criminal offense, the a!!rieved party has a ri!ht to commence an entirely separate and distinct civil action for dama!es, and for other

relief# -uch civil action shall proceed independently of any criminal prosecution 0if the latter be instituted1, and mat be proved by a preponderance of evidence# $he indemnity shall include moral dama!es# &xemplary dama!es may also be ad)udicated# $he responsibility herein set forth is not demandable from a )ud!e unless his act or omission constitutes a violation of the Penal +ode or other penal statute# Prov further implements the civ libs !uaranteed by the +onsti inc freedom of suffra!e 0<1 o ,ndep civ axn for dama!es for violn of new rts provided in -9, /50/1, /E0/1 and /@051, A>, +onsti may also be instituted 0 e 'eon1 o $o be liable under A>5, its NO$ re*d that the sholdve acted w/ malice/BB 0'im v# Ponce de 'eon /@9<1 o -) 7or failure to render aid$protn to a person o Art# >=# 2hen a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of dan!er to life or property, such peace officer shall be primarily liable for dama!es, and the city or municipality shall be subsidiarily responsible therefor# $he civil action herein reco!ni4ed shall be independent of any criminal proceedin!s, and a preponderance of evidence shall suffice to support such action# o 19 C!)!eta -2 N' o)a# 0/@<E1 7inding %/ suff evid to esta a prima facie case after an investig, the "rovl 7iscal refrained fr filing an info for libel. 7acts! o $his is an axn to recover fr N, Provl Biscal 0NO2 Prosecutor1 of Ri4al, moral and pecuniary dama!es o N conducted an investi! of a complaint for libel filed by W v# the provl Cov of Ri4al and the staff mems of the Phil Bree Press o After said investi!, N rendered an opin that there was NO prima facie case and that the liberlous saatements were made in CB and for the sole purpose of sevin! the best int of the pub o ,n conse*uence, N absolved the said Cov and the Phil Bree Press staff fr the crime of libel 8ssue! o oes Ws complaint state a +OAJ Held! NO o 1) &uty of fiscal to prosecute$%/6 to prosecute.00 $he present action is based on article 59#V this article Vcontemplates a refusal or ne!lect without )ust cause by a public servant or employee to perform his official duty#V Refusal of the fiscal to prosecute when after the investi!ation he finds no sufficient evidence to establish a prima facie case is not a refusal, #ithout just cause, to perform an official duty# $he fiscal has for sure the le!al duty to prosecute crimes where there is no evidence to )ustify such action# But it is e*ually his duty not to prosecute when after the investi!ation he has become convinved that the evidence available is not enou!h to establish a prima facie case# o 2) Auth and discretion of fiscal to det e4istence of prima facie case. DD $he fiscal is not bound to accept the opinion of the complainant in a criminal case as to whether or not a prima facie case exists# Hested with authority and discretion to determine whether there is sufficient evidence to )ustify the filin! of correspondin! the information and havin! control of the prosecution of a o

87

criminal case, the fiscal cannot be sub)ected to dictation from the offended party# 6avin! le!al cause to refrain from filin! an information a!ainst the person whom the herein plaintiff wants him to char!e with libel, the defendant fiscal cannot be said to have refused or ne!lected without )ust cause to perform his official duty# On the contrary, it would appear that he performed it# o 49 A(ago -2 S!(angg't /@;5 'hief of "ol refuse to give assistance to vic of a crime. 7acts! o A was assaulted and shot near th city bld! of -ilay o Bf day" he w/ father and witnesses, went to the ofc of -, , +hief of Pol, B?$ instead of obtainin! assistance to their complaint, they were harassed and terrori4ed o ,n view thereof, they !ave up and renounced their rt and int in the prosec of the crime o ?pon the advice of the +ity Fayor !iven to , an investi! was conducted and as a result the +ity Atty of -ilay was abt to file/had filed an info for ille! dischar!e of firearms v# the assailants o 6avin! finished the investi! of the crime complained of, s NO2 harassin! Ps in thir daily wor., orderin! them to appear in his ofc when hes absent and hes abt to order the arrest of Ps to ta.e their si!s in prepared affid exemptin! the pol fr any dereliction of duty in their case v# the perpetrators of the crime o A filed this suit for dama!es in the +B, of Ne!ros v# - under A5/ /9 and/or A59, ++ o +omplaint was dismissed, 6&N+&, this appeal 8ssue! o 2as the ct a *uo correct in dismissin! the caseJ Held! %/ o 1) &uty of 'hief of "ol to give assistance to vic of crime.00 the facts set out constitute an actionable dereliction on appelleeZs part in the li!ht of Article 59 of the +ivil +ode# $he claim for relief is not based on the fact of harassment and terrori4ation but on appelleeZs refusal to !ive them assistance, which it was his duty to do as an officer of the law# $he re*uirement under the provision must be Vwithout )ust causeV# $he statement of appelleeZs dereliction is repeated in a subse*uent para!raph of the complaint, where it is alle!ed that Vhe is about to order the arrest of the plaintiffsV to ma.e them si!n an affidavit of exculpatin! the policemen# o 2) A4n for damages under A2* %/6 precluded by e4istence of other remedies.R$he fact that A has another recourse by filin! his complaint directly with the city attorney of -ilay or by lod!in! an administrative char!e a!ainst herein, does not preclude this action for dama!es under Article 59 of the +ivil +ode and hence does not )ustify its dismissal# o 59 %'ta)>/oAon -2 CA /@@E o "et #as sued 1/6H in her off and pers cap for her contid refusal to restore priv resp to his pos in spite of the fin and e4ecutory decisions of the ' ' declaring that his transfer$demotion #asnull and void and H.%'., illeg
17 Art# 5/# Any person who wilfully causes loss or in)ury to another in a manner that is contrary to morals, !ood customs or public policy shall compensate the latter for the dama!e#

7acts! o #r AB was chief of clinics of the Natl +hildrens 6ospi 0N+61 o Rcved a notice fr O6 that hed be reappointed GFed -pecialist ,, o considerin! this to be a demotion by NO O 5 ran.s fr his post as chief of clinics, he filed a ptoest w/ O6 Reor!n Board o when his protest was i!nored, he brou!ht his case to the +-+ o in the meantime, the duties and resps pertainin! to the post was turned over to and were exerd by another o +-+ declared transfer/demotion of AB as null and void and 6&N+&, ille! o AB sent 5 letters to HC, Fed +tr +hief of N+6, who , N$ even inform him fo the refrral thereof by her to the Asst -ec for 'e! Affairs for appropriate advice and/or axn o >mos havin! elapsed 2O any word fr HC/any/ in her behalf/any indication thta the +-+ Resoln would be obeyed, AB referred to the +-+ and as.ed it to enforce its )udment o B?$ he was told to file in a ct a pet for manda :cause of the belief of the +-+ that it had NO coercive powerRunli.e a ctRto enforce its fin decisions/resolns o -o AB instituted in the +A an axn of manda and dama!es w/ prelimm in) to compel HC to comply w/ the fin and executory resoln of the +-+ o +A promul!ated a resoln findin! pet HC liable for dama!es and ordered her to pay priv resp AB P<8. as moral dama!es, P58. as exemplary and P/8. as attys fees 8ssue! o 2as there a factual basis for the award of moral and exemplary dama!es as well as attys fees Held! (&o 1) 8nstances #hen moral damages may be recovered.00 Foral dama!es include physical sufferin!, mental an!uish, fri!ht, serious anxiety, besmirched reputation, wounded feelin!s, moral shoc., social humiliation, and similar in)ury# $hey may be recovered if they are the proximate result of the defendants wron!ful act or omission#T>5U $he instances when moral dama!es may be recovered are, inter alia, Gacts and actions referred to in Articles 5/, 5;, 59, 5E, 5@, >8, >5, >= and >< of the +ivil +ode,MT>>U which, in turn, are found in the +hapter on 6uman Relations of the Preliminary $itle of the +ivil +ode# Relevant to the instant case, which involves public officers, is Article 59,T>=U which provides" xxx o ,t is thus evident that under Article 59, in relation to Articles 55/@ and 55/9 of the +ivil +ode, a public officer, li.e petitioner herein, may be liable for moral dama!es for as lon! as the moral dama!es suffered by private respondent were the proximate result of petitioners wron!ful act or omission, i.e., refusal to perform an official duty or ne!lect in the performance thereof# ,n fact, if only to underscore the vulnerability of public officials and employees to suits for dama!es to answer for any form or de!ree of misfeasance, malfeasance or nonfeasance, this +ourt has had occasion to rule that under Articles /@ and 59 of the +ivil +ode, a public official may be made to pay dama!es for performin! a perfectly le!al act, albeit with bad faith or in violation of the Gabuse of ri!htM doctrine embodied in the preliminary articles of the +ivil +ode concernin! 6uman Relations#T>;U

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2) Chen e4emplary damages may be imposed.00 &xemplary dama!es may be imposed by way of example or correction for the public !ood, in addition to the moral, temperate, li*uidated or compensatory dama!es#T>9U 0A555@, ++1 -) Chen atty(s fees and other e4penses of lit may be recovered. DD Attorneys fees and other expenses of liti!ation may be recovered as actual or compensatory dama!es when, inter alia, exemplary dama!es are awardedK when the defendant acted in !ross and evident bad faith in refusin! to satisfy the plaintiffZs plainly valid, )ust and demandable claim, and in any other case where the court deems it )ust and e*uitable that attorneys fees and expenses of liti!ation should be recovered#T>EU 0A558E, ++1 5) A7 entitled to be restored to his pos.00 $here can be no *uestion that private respondent was entitled to be restored to his position as +hief of +linics by virtue of the final and executory decision of the +ivil -ervice +ommission# Petitioner, as head or chief of the National +hildrens 6ospital, then had the duty to see to it that the decision be obeyed and implemented# $his she failed to do and private respondents two official demands for compliance with the +ivil -ervice +ommissions decision were merely referred by petitioner to the 'e!al epartment of the epartment of 6ealthK and as further noted by this +ourt in its decision in C#R# No# /8/=5E, Gshe did not answer Tprivate respondentsU letters not even to inform him of the referral thereof to the Assistant -ecretary Tfor 'e!al AffairsU# -he chose simply to await :le!al !uidance from the O6 'e!al epartment#M $his +ourt further noted" o $o all these, TpetitionersU reaction, and that of the officials of the epartment of 6ealth concerned, was a re!rettably cavalier one, to say the least# Neither she nor the 6ealth epartment officials concerned accorded said acts and events any importance# -he never bothered to find out what was bein! done to contest or ne!ate Tprivate respondentsU petitions and actions, notwithstandin! that as time went by, Tprivate respondentsU efforts were bein! met with success# <) >9 committed an a4nable #rong.00 $hat petitioner 0HC1 then committed an actionable wron! for un)ustifiably refusin! or ne!lectin! to perform an official duty is undeniable# Private respondent testified on the moral dama!es which he suffered by reason of such misfeasance or malfeasance of petitioner, and the attorneys fees and liti!ation expenses he incurred to vindicate his ri!hts and protect his interests# $he +ourt of Appeals which heard him !ave full faith and credit to his testimony# Private respondent declared that by reason of the Gun)ust actionM or GrefusalM of petitioner when she did not reco!ni4e, i!nored and disre!arded the final and executory +ivil -ervice Resolution, he" o T2Uas actually !reatly disturbed, shoc.ed and frustrated durin! those three ### months# T6eU had sleepless ni!hts and ### suffered from mental anxiety, worry, tension and humiliation###T>@U Private respondents an!uish even continued durin! the <Dmonth period while the case was pendin! with the +ourt of Appeals, thus" o urin! this period my sleepless ni!hts and my moral sufferin!s continued# As a matter of fact, even worsened# , )ust could not understand, actually , could not understand the action here of r# Co4on for havin! not followed the decision of the +ourt of Appeals# And that is why , felt very much a!!rieved durin! this period# , could not sleep at all and this has wea.ened me#T=8U

Private respondent further testified that he Gspent not less than P<,888#88 for court fees and as incidental expensesM and had committed himself to pay GP/8,888#88 to his counsel at the end of the case#MT=/U )) >9 liable for moral damages.00 2hile private respondent did not *uantify the extent of his moral dama!es, the +ourt of Appeals fixed the same at P<8,888#88# -ince moral dama!es are, in the lan!ua!e of Article 55/9 of the +ivil +ode, Gincapable of pecuniary estimation,M courts have the discretion to fix the correspondin! amount, not bein! bound by any selfDservin! assessment by the claimants# On the other hand, a claimants failure to state the monetary value of moral dama!es suffered presents no le!al obstacle to a courts determination thereof, as lon! as there is factual basis for the award such as the claimants testimony as to his sufferin!s# As a matter of fact, it is not unusual for claimants to leave the determination of the amount of the award to the discretion of the court# ,) >9 liable for e4emplary damages.00 ?nder Article 55>> of the +ivil +ode, exemplary dama!es cannot be recovered as a matter of ri!htK the court will decide whether or not they should be ad)udicated# ,n the instant case, the +ourt of Appeals awarded exemplary dama!es in the amount of P58,888#88# +onsiderin! that a public official is the culprit here, the propriety of such an award cannot be *uestioned# ,t serve as an example or deterrent so that other public officials be always reminded that they are public servants bound to adhere faithfully to the constitutional in)unction that a public office is a public trust# $hat the a!!rieved party happened to be another public official will not serve to miti!ate the effects of petitioners havin! failed to observe the re*uired de!ree of accountability and responsibility# *) >9 liable for atty(s fees.DD As to attorneys fees as actual dama!es, the +ourt of Appeals determination of its propriety in this case and the extent thereof were well within its discretion# $he a!reement between private respondent and his counsel as to the amount does not control# E) >9 personally liable to A7. -- Petitioners contention that she cannot be liable for dama!es since she was sued in her official capacity is without merit# 2hether petitioner was impleaded as respondent in an official capacity, i.e., solely in her capacity as +hief of the National +hildrens 6ospital, is best determined from the Petition as well as the -upplemental/Amended Petition# Bor one, in the captions in both, she is named as one of the respondents without any express mention that she was so sued in her Gcapacity, as +hief of the National +hildrens 6ospital#M Bor another, the alle!ations in the body of the Petition clearly show that she was sued in both her official and private capacities# As to the former, para!raphs / and 9 respectively alle!e petitioners position as a public official, and specifically as G6ead of the +hildrens 6ospitalKM her duty to restore private respondent to his position by virtue of the final decision of the +ivil -ervice +ommissionK and her refusal to allow private respondent to perform and dischar!e his duties and responsibilities as +hief of +linics# As to the latter, para!raph /; of the Petition explicitly spea.s of petitioners personal liability, thus" o /;# Bor causin! such mental sufferin! and an!uish, etc#,T=5U principal respondent Therein petitionerU ou!ht to and must be, in accordance with the +ivil +ode, held personally answerable and liable to the petitioner in the sum of not less than P/88,888#88 as moral dama!es, and another sum of P58,888#88 as exemplary dama!es, by way of example or correction for the public !ood#

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L'a" on ontra t# e,e !te$ 'n "eha)f of the go-t CR" A pub ofer actin! w/in the scope of his auth and in his off caps NO$ personally liable on contracts executed in behalf of the !ovt o ,n the absence of a showin! to the contrary, its presumed that the ofcer O&-N$ intend to render himself liable as to contracts and en!a!ements fairly w/in the scope of his auth o B?$ / who executes an unambi!uous pers underta.in! w/c ma.es NO mention of the pub a!ency he serves/ O&-N$ indicate that its executed in an off cap, may NO$ escape liab by claimin! that the pub a!ency was the real prin An effecive meth of avoidin! pers liab on a contract executed by a pub ofcers to insert an express prov v# iit $he auth of a pub ofcer bein! a matter of pub rec/of pub law of w/c every person interested is bound to ta.e notice, the estabd Rs that this auth will be strictly construed o &very person $6&R&BOR& who thru his dealin!s w/ the ofcer, see.s to obtain relief fr the pub, F?-$ at his peril, ascertain that the proposed acts w/in the scope of the auth w/c the laws conferred upon the ofcer 0Fechem1

19 R'-era -2 M!n' of Ma)o)o# /@<9 'ontract #as entered into by the muni mayor in violn of the re3t of a la# o 7acts! o R won in a biddin! called by resp muni for the supply of road construc matls to repair the roads of the muni o +orresopndnin! contract wa si!ned by R and muni mayor, in behalf of resp o ,n compliance w/ the contract, R delivered crushed adobe stone and !ravel o Funi council later ratified the contracct thru a resoln o As payment for the matls 2A-N$ made R filed a compaint v# resp w/c was dismissed w/o pre)udice o R then sou!ht the intervention of the Pres +omplaints and Axn +ommittee, w/c forwarded pets claim to the Ofc of the Auditor Cen o eputy Auditor Cen denied the claim on the !orund that the contract was void int the absence of a prior appropriation as re*d by -;89, RA+ and even if there was an appropriation, the alle!ed delivs could NO lon!er be verified by the Provl Auditor o 6&N+&, this pet b y R 8ssue! o 6as R a valid claim v# respJ o Held! NO o 1) +e3t before a muni may enter into a contract.D Before a contract may be entered into validly by a muni, the law re*uires that there should be an aprpropriation of muni funds to meet the obli! validly passed by the muni council and approved by the muni mayor o -;89, par 5, RA+ re*uires that before a contract involvin! the expenditure of P5./more may be entered into/authori4ed, the muni treas F?-$ certify to the ofcer enterin! into such contract that funds have been duly apprpriated for such purpose and that the amt nec to cover the proposed contracts available for expenditures on acct

thereof, AN a contract entered into contrary to these re*ts is void# 2) +e3t before claim of a contractor may be allo#ed in audit.D -<E=DA, RA+ provides that the Provl Auditor/his rep F?-$ chec. up the delivs made by a contractor pursuant to a contract lawfully and validly entered into, and where theres NO chec. 0as here1 to show that matls have been actly delivered, the Auditor Cens NO$ duty bound to pass and allow in audit the sum claimed by a contractor o 49 R'-era -2 Ma )ang /@;> 'ontractor brought pers a4n v. th muni mayor for entering into a contract #$o ff the re3t of a la#. 7acts! o ,n the precedin! case, the -+ sustained the axn of the Cen Auditin! Ofc and held that the contract in A was void as far as the muni !ovt of Falolos was concerned on the !round that NO money had been appropriated to meet the obli! prior to the exec of the contract as re*d by -;89, RA+ o B?$ in the same decision, the +t indicatedt hat -;8E afforded R a remedy o +ON-&A?&N$'(, he filed the pres axn v# the muni mayor, appellee, in his pers cap pursuant to he said prov o $+ dismissed the complaint" ,nasmuch as in the previous case the contract entered into bet R and Funi of Falolos had been declared null and void by the -+, it +AN$ produce any le! effect for w/c thereafter NO recovery can be made 8ssue! o ,s the dismissal erroneousJ Held! (&o 1) "ers liab of pub ofcer for contracts contrary to re3ts of la#. DD Our rulin! in the previous case is that the contract was null and void visaDvis the Funicipality of Falolos, by reason of nonDcompliance with the re*uirement of section ;89 of the Revised Administrative +ode# the present action is a!ainst defendantDappellee in his personal capacity on the stren!th of section ;8E of the same code, which provides as follows" o -&+# ;8E# >oid contract 2iability of officer# A purported contract entered into contrary to the re*uirements of the next precedin! section hereof shall be wholly void, and the officer assumin! to ma.e such contract shall be liable to the Covernment or other contractin! party for any conse*uent dama!e to the same extent as if the transaction had been wholly between private parties# o 2) 8ntention of la# for imposing pers liab.D $he position of defendantD appellee, as the officer who si!ned the contract with appellant in violation of section ;89, comes s*uarely under the provision )ust *uoted# 6is liability is personal, as it the transaction had been entered into by him as a private party# 2e ta.e it that the intention of the law in this respect is to ensure that public officers enterin! into transactions with private individuals callin! for the expenditure of public funds observe a hi!h de!ree of caution so that the !overnment may not be the victim of illDadvised or improvident action by those assumin! to represent it# o L'a" for !ne,p)a'ne$ .ea)th o /1 RA />9@ 0Borfeiture of ?nexplained 2ealth Act1 declares the forfeiture in favor of the -tate of any prop found to have been unlawfully ac*uired by any pub off/ee# o

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Se t'on 42 7iling of petition. 2henever any public officer or employee has ac*uired durin! his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from le!itimately ac*uired property, said property shall be presumed prima facie to have been unlawfully ac*uired# $he -olicitor Ceneral, upon complaint by any taxpayer to the city or provincial fiscal 0prosecutor1 who shall conduct a previous in*uiry similar to preliminary investi!ations in criminal cases and shall certify to the -olicitor Ceneral that there is reasonable !round to believe that there has been committed a violation of this Act and the respondent is probably !uilty thereof, shall file, in the name and on behalf of the Republic of the Philippines, in the R$+ of the city or province where said public officer or employee resides or holds office, a petition for a writ commandin! said officer or employee to show cause why the property aforesaid, or any part thereof, should not be declared property of the -tate" o 51 RA >8/@ 0AntiDCraft and +orrupt Pracs Act1 penali4es certain acts 0enumerated in -51 of pub ofcers and priv persons ali.e w/c consti !raft/corrupt pracs/w/c may lead thereto#

Se t'on :2 &ismissal due to une4plained #ealth. ,f in accordance with the provisions of Republic Act Numbered One thousand three hundred seventyDnine, a public official has been found to have ac*uired durin! his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a !round for dismissal or removal# Properties in the name of the spouse and unmarried children of such public official may be ta.en into consideration, when their ac*uisition throu!h le!itimate means cannot be satisfactorily shown# Ban. deposits shall be ta.en into consideration in the enforcement of this section, notwithstandin! any provision of law to the contrary# RA />9@ creates a presum )uris tantum v# the pub ofcer/ee who ac*uires prop !rossly disproportionate to his income, that the prop was unlawfully ac*uired o Presum may be rebutted by the pub ofcer/ee by showin! to the satis of the ct that his ac*uisition of the prop was lawful0 thru a donation and loans1 o ,n detin! 2ON theres unexplained wealth under RA />9@, the cts AR&N$ bound by the -A' filed by the pub ofcer/ee 0ex# statement doesnt accurately reflect the donations and loans alle!edly !ranted1# o Ont the contrary, the stat affords the resp every opp to explain, to the satis of the ct, how hed ac*uired the prop in A# o Accuracy of entries in -A' becomes matl in crim/admin proceedin!s of violn of -9, RA >8/@ w/c re*uires every pub ofcer to file a true detailed and sworn statement of assets and liabilities, includin! a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next precedin! calendar year" 19 A)(e$a -2 PereA /@;5 "et for forfeiture #as amended to include ne# items of alleged unla#ful ac3uisitions. 7acts! o A complaint was filed w/ the -eec of 7ust char!in! FA w/ havin! ac*uired, o

durin! his incumbency as !ovt ee, cash and props fr un.nown sources w/c ac*uisitions, accd! to the complaint, were manifestly out of propn to the salary and other lawful income of said FA, and $6&R&BOR&, in violn of RA />9@ 0AntiDCraft 'aw1 o After a findin! by a !rp of investi!ators that theres reasonable !round to believe that FA committed the acts char!ed, the -olCen, representin! the Covt, filed w/ the +B, a pet for forfeiture v# FA o 6is wife was included as correspondent in her cap as wife of FA and as coDowner of their con) props o Biled a Fotion for 'eave to amend Pet for Borfeiture o 7ud!e !ranted the motion B?$ re)ected the inclusion of FA, 7r# as p resp o -olCen filed the amended pet for forfeiture, addin! other counts and items of alle!ed unlawful ac*uisitions and disbursements o Pets ob)ected to the amendment o After the filin! of memoranda by the ps, resp )ud!e ,ed the order sou!ht to be rvwed,authori4in! the presn of the 5nd amended pet B?$ w/o includin! FA, 7r# as p resp o Prin contention of pets" RA />9@ is penal in substance and effect, hence, the presn of the amended pet w/o the bene of a previous prelim investi! under the Act +AN$ be allowedK the amendment would have the effet of presentin! a char!e under RA />9@ w/in /yr fr the date of a !en elecK adn the amendment may NO$ be made on a matter of substance after s had pleaded 8ssue! o ,s the proceedin! under RA />9@ civ/crimJ o Held!

1) "roceeding civ in nature.00 A study of the provisions of Republic Act No# />9@ readily discloses that the proceedin! for forfeiture is in nature and not criminal o ,n the first place a proceedin!s under the Act 0Rep# Act No# />9@1 does, not terminate in the imposition of penalty but merely in the forfeiture of the properties ille!ally ac*uired in favor of the state# 0-ec# ;1 ,n the second place the procedure outlined in the law leadin! to forfeiture is that provided for in a civil action# $hus there is a petition 0-ec# >1, then an answer 0-ec# =1, and lastly, a hearin!# $he preliminary investi!ation which is re*uire prior to the filin! of the petition, in accordance with -ec# 5 of the Act, is provided expressly to be one similar to a preliminary investi!ation in a criminal in a criminal case# ,f the investi!ation is only similar to that in a criminal case, but other steps in the proceedin!s are those for civil proceedin!s, it stands to reason that the proceedin! is not criminal# 6ad it been a criminal proceedin! there would been, after a preliminary investi!ation, a readin! of information, a plea of !uilty or not !uilty, and a trial thereafter, with the publication of the )ud!ement in the presence of the defendant# But these proceedin!s as above set forth, are not provided for in the law# 2) +s on amendment in ordin civ a4n applicable.00 As the proceedin! for forfeiture, as pointed out and as provided for in the law, is not a penal proceedin! but a civil one for the forfeiture of the properties ille!ally ac*uired, and as the procedure outlined in the law is that which is followed in civil

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actions, amendment of the char!es or the petition for forfeiture may be made as in ordinary civil actionsK i.e#, the amendments may be made before trial or in the course of trial without need of another investi!ation# ,t also follows that amendments settin! forth newly discovered ac*uisitions may be in the petition without obtainin! the consent of the respondent# 0pets herein1 49 Ca"a) -2 @ap!nan Dr2 /@;5 "et refused to be s#orn as #itness and to taKe the #itness stand before a presl committee investigating charge osf alleged une4plained #ealth v. him 7acts! o +ol F filed w/ the -ec of Natl ef a letterDcomplaint v# +, +hief of staff of ABP, for !raft, corruption, unexcplained wealth, conduct unbecomin! of an ofcer and a !entleman, etc o Pres created a <Dman committee to investi! char!es of alle!ed ac*uisition of unexplained wealth, w/ power to compel attendance of witnesses and ta.e their testim under oath o + was subpoenaed, B?$ refused to be sworn in as a wtiness and to ta.e the witness stand o Fatter was referred to the +ity of Biscal of Fnla who filed axn for contempt o Fotion to *uash by + alle!es that +ity Biscal has NO auth/personality to file said char!eK char!e filed was null and void 0since if a crim case, there was NO prelim investi!, and if civ cases bein! limited to representin! the +ity of Fnla1K the facts char!ed consti NO offense, for -<E8, RA+, upon w/c the char!e is based, volates PK S/ offense is char!edK and the order of the +ommittee violates the rt v#selfDinrim o Fotion denied o 6&N+&, pet for cert and prohi v# prelim in) 8ssue! o -ince the accused in a crim case may refuse to ans incriminatory As and to ta.e the witness stand, the ,s 2ON the proceedin!s befor the +ommittees civ/crim in nature Held! o 1) 7orfeiture partaKes of nature of a penalty.DPurpose of axns NO$ to see. removal of + 0since hes NO lon!er +hief of -taff, B?$ to apply RA />9@/AntiD Craft law, authori4in! forfeiture to the state of prop of a pub ofcer, manifestly out of propn to his salary, other lawful income, and income fr le!itimately ac*uired prop o forfeiture, bein! a divestiture of prop w/o comp due to default/an offense, parta.es of the nature of a penalty/punishment since its aimed to restrain the commission of an offense and aid in the prevention of such o $6?-, the proceedin!s for forfeiture of prop are indeed crim/penalty 0A'$6O?C6 !enerally, a civ proceedin! in rem1 o 2) "roceeding in substance crim.DA proceedin! to declare forfeiture due to evasion of certain revenue laws/for removal of an ofcers in substance crim since its NO$ to est, recover/redress priv/civ rts B?$ to try/punish persons char!ed w/ the comm# of a pub offense o it matters NO$ what form of stat may clothe itK its -$,'' a crim case o -) +t v. self0incrim applicable.D-ince the person heres the O/rtful possessor, the forfeitures a punishment o 6&N+&, the proceedin!s are *uasiDcrim in nature, and $6?- / may

o o

invo.e the rt v# selfDincrim $he priv is simply an option of refusal and NO$ a prohi of in*uiry 2ere NO$ unmindful fo the doctrine laid down in Almeda v# Pere4 in w/c the th that after the filin! of resps ans to a pet for forfeiture under RA />9@, said pet may NO$ be amended as to substance pursuant to our Rs of crim proc, was re)ected by this ct on the !round that said forfeiture proceedin!s civ in nature $his doctrine refers, 6O2&H&R, to the purely procedural aspect of said proceedin! and has NO bearin! on the substantial rts of the resps therein, particularly their constil rts v# selfDincrim

L'a" of a o!nta")e of er# to the go-t P /==<, Covt Auditin! +ode of the Phils -ection /8/# Accountable officersH bond re3uirement. /# &very officer of any !overnment a!ency whose duties permit or re*uire the possession or custody of !overnment funds or property shall be accountable therefor and for the safe.eepin! thereof in conformity with law# 5# &very accountable officer shall be properly bonded in accordance with law# -ection /85# "rimary and secondary responsibility. /# $he head of any a!ency of the !overnment is immediately and primarily responsible for all !overnment funds and property pertainin! to his a!ency# 5# Persons entrusted with the possession or custody of the funds or property under the a!ency head shall be immediately responsible to him, without pre)udice to the liability of either party to the !overnment# -ection /8># 9eneral liability for unla#ful e4penditures. &xpenditures of !overnment funds or uses of !overnment property in violation of law or re!ulations shall be a personal liability of the official or employee found to be directly responsible therefor# -ection /8<# Measure of liability of accountable officers. /# &very officer accountable for !overnment property shall be liable for its money value in case of improper or unauthori4ed used or misapplication thereof, by himself or any person for whose acts he may be responsible# 6e shall li.ewise be liable for all losses, dama!es, or deterioration occasioned by ne!li!ence in the .eepin! or use of the property whether or not it be at the time in his actual custody# 5# &very officer accountable for !overnment funds shall be liable for all losses resultin! from the unlawful deposit, use, or application thereof and for all losses attributable to ne!li!ence in the .eepin! of the funds# -ection /8;# 2iability for acts done by direction of superior officer. No accountable officer shall be relieved from liability by reason of his havin! acted under the direction of a superior officer in payin! out, applyin!, or disposin! of the funds or property with which he is char!eable, unless prior to that act, he notified the

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superior officer in writin! of the ille!ality of the payment, application, or disposition# $he officer directin! any ille!al payment or disposition of the funds or property shall be primarily liable for the loss, while the accountable officer who fails to serve the re*uired notice shall be secondarily liable# A)"ert -2 /angan 588/ '/A found pet, then "ress of %atl Home Mort 7in 'orp$%HM7', liable for "-),,E),,11.<< covering the payment of the loan proceeds for the lot ac3uird by Alyansang MaKa Maralitan0Asosasyon at ;apatirang /rganisation AMA;/, #$c #as disallo#ed in audit. 7acts! o April /=, E@" -apan! Palay +omm evt Boundation applied for accreditation w/ N6FB+ as ori!inator of land and housin! pro) thru a Purchase +ommitment 'ine o Appli consists of /; pro) sites situated in diff parts of the country o Amon! these is the AFAIO Pro) w/c was submitted for accreditation to the N6FB+ by Nelson +oncepcion, Pres of the Boundation o Oct =, E@" +oncepcion submitted an appli for Purchase +ommitment 'ien in the amt of P>;,9@=,5<8, specifically for the AFAIO pro) to!ether w/ an ,nfo -heet of the Boundation, the AFAIO pro) fiie and the AR cert dated ec = EE o Oct < E@" O,+ of +redit and +olln Crp, N6F+B+, recommended to pet the !rant of an addl line in favor of -apan! Palay +omm evt Boundation in the tot amt of >;,E88,888Rapproved by the F6FB+ +redit +ommittee on Oct /> E@sub) 6O2&H&R, to the approval of the N6FB+ Board o 7une @8" pet instructed the +omm Fort Fn!t Ofc 0+FFO1 to conduct a routine inspection of the AFAIO Pro) o ?pon verification, it was discovered that the AFAIO pro) was >mos in arrears in their amorti4ation o As a conse*uence, pet, sometime in 7uly @8, tas.ed the +ommittee on &valn of Ori!inatin! ,nstis to investi! the ori!inators 2R$ their compliance w/ corp circs, and other Rs and re!ns ,ed by N6FB+ re its lendin! pro!s o / of the ori!inators investi!ated was the Boundation w/c was instrumental in the !rantin! of the loan to the AFAIO Pro) o -ept > @8" +OA Resident Auditor of N6FB+ disallowed the loan !ranted to the AFAIO Pro) for the ff reasons" o A# nonDsubmission of docu re*ts/nonDcomplyin!/defective docus as re*d under N6FB+ +orp +irc No +FPD88/ and o B# irre!/excessive expenditures per +OA +irc No# E<D<<A dated -ept E E< o Beb /@ @>" +OA rendered ecision No 5988, findin! pet as amon! the persons liable for the amt representin! the payment of the loan proceeds obtained by AFAIO o +OA disallowed the plan payment :cause it found the payment irre! and an excessive expenditure and held pet primarily liable pursuant to /8>, P /==< 8ssue! o 2ON pets can be held personally liable for the sub) amt in the absence of any findin! that hes .nowin!ly participated in the alle!ed fraudulent transaxns and of any clear showin! tha the acted in BB, w/ malice/!ross ne! when he approved the loan transaxns Held!

1) "ers liab of head of an agency for loan transa4n disallo#ed in audit.00 $he mere fact that a public officer is the head of an a!ency does not necessarily mean that he is the party ultimately liable in case of disallowance of expenses for *uestionable transactions of his a!ency# Petitioner, as head of the a!ency, cannot be held personally liable for the disallowance simply because he was the final approvin! authority of the transaction in *uestion and that the officers/employees who processed the same were directly under his supervision#5< $hou!h not impossible, it would be improbable for him to chec. all the details and conduct physical inspection and verification of the application of AFAIO considerin! the voluminous paperwor. attendant to his office# 6e has to rely mainly on the certifications, recommendations and memoranda of his subordinates in approvin! the loan# $he processin!, review and evaluation of the loan application passed throu!h the responsible and authori4ed officers of the +FP $as. Borce# As admitted by the irector of the +orporate Audit Office, &mma F# &spina, the officers of the +FP $as. Borce erred in dischar!in! these assi!ned duties#5; Foreover, the hi!h appraisal of the sub)ect property cannot be attributed to herein petitioner because the valuation of the said property is underta.en by the 6,C+,59 an entity separate and distinct from the N6FB+ and over which petitioner exercises no control or supervision# 2) 2iab of a pub ofcer #ho signs$initials docus. DD 2e have consistently held that every person who si!ns or initials documents in the course of transit throu!h standard operatin! procedures does not automatically become a conspirator in a crime which transpired at a sta!e where he had no participation# 6is .nowled!e of the conspiracy and his active and .nowin! participation therein must be proved by positive evidence# $he fact that such officer si!ns or initials a voucher as it is !oin! the rounds does not necessarily follow that the said person becomes part of a conspiracy in an ille!al scheme# $he !uilt beyond reasonable doubt of each supposed conspirator must be established# -) +ationale behind ruling.DD V2e would be settin! a bad precedent if a head of office pla!ued by all too common problemsD dishonest or ne!li!ent subordinates, overwor., multiple assi!nments or positions, or plain incompetenceD is suddenly swept into a conspiracy conviction simply because he did not personally examine every sin!le detail, painsta.in!ly trace every step from inception and investi!ate the motives of every person involved in a transaction before affixin! his si!nature as the final approvin! authority# 5) +e3s to be personally liable for unauthori@ed e4penditures. R -ection /8> of Presidential ecree No# /==<,>5 which was the basis of petitionerZs liability for the disallowance, expressly provides" o V-ec# /8> Ceneral liability for unauthori4ed expenditures# expenditures of !overnment funds or uses of !overnment property in violation of law or re!ulations shall be a personal liability of the official or employee found to be directly responsible therefor #V 0,talics Ours1 ?nder the said provision, an official or employee shall be personally liable for unauthori4ed expenditures if the followin! re*uisites are present, to wit" 0a1 there must be an expenditure of !overnment funds or use of !overnment propertyK 0b1 the expenditure is in violation of law or re!ulationK and 0c1 the official is found directly responsible therefor# $here is no evidence on record to show that petitioner had .nowled!e of the

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fraudulent scheme perpetrated by some employees of the N6FB+# ,n fact, petitioner immediately filed a complaint before the Ombudsman a!ainst the subordinate employees who appeared to be responsible for the fraud# 6e also directed the filin! of a civil case a!ainst the ori!inator and other persons responsible for misrepresentation# All these acts are indicative that he had no .nowled!e of the fraudulent scheme perpetrated by certain officials or employees of his a!ency# C2 Cr'('na) L'a"')'t* /enera))* o NO pub ofcer, 6O2&H&R hi!h his pos, is above the lawK all may be punished for crim acts# o $he mere fact that an ofcers actin! in an off cap 2ON$ relieve him fr crim liab o Aside fr furnishin! !rounds for dis*ualn for holdin! ofc and for suspension/removal fr ofc, various offenses arisin! out of an abuse/wron!ful usurpation of auth are held by spec stat provs, to be felonies/misdemeanors for w/c ano fcer may be prosecuted criminally o 6O2&H&R, due to the fact that ofcers fre*uently +AN$ properly carry on the duties of their ofc if theyre sub) to the same penal re!ns as apply to cits in !en, stats ma.in! certain acts crimes at time exempt pub ofcers thereof o $6?-, for ex, laws v# carryin! wearpons are ordinarily NO$ applicable to ofcers who carry weapons in the actual dischar!e of their off duties o Pub ofcers may NO$ be held criminally liable for failure to perf a duty commanded by law when, for causes beyond their cont, perf is impossible o 6O2&H&R, the absence of corrupt intents NO def to an axn v# an ofcer for a stat penalty for misconduct such as ta.in! ille! fees/for willfull failiure/refusal to perf a manda ministerial duty o Fere expiration of his term of ofc 2ON$ prevent the prosec and punishment of a pub ofcer for a misdemeanor committed in ofc NOR the reelec of pub off extin!uishes the crim liab incurred by him durin! his previous term of ofc 0+onduct v# Fon4on /@@E1 Cr'(e# pe !)'ar to erta'n p!" of er# o Pub ofcers are sub) to liab for violn of parti laws re!ulatin! the conduct of their ofces o 1) +"' 0-58=D5=<1#R?nder the +ode, crimes committed by pub ofcers are classified under the ffin! headin!s" o a# malfeasance and misfeasance in ofc 0ex# mal delay in the admin of )ust, bribery1 o b# frauds and ille! exactions an transaxns o c# malversation of pub funds/prop o d# infidelity of pub ofcers and o e# other offenses and irre!ulartieis committed by pub ofcers w/c include disobedience, refusal of assistance, maltreatment of prisoners, anticipation, porlon!ation and abandonment of the duties and power of pub ofc, usurpation of powers and unlawful apptments Ma a$ang$ang -2 San$'gan"a*an /@E@ 1udget ofcer signed falsified vouchers for repair of govt vehicles and made a

re3uest for the allotment of funds #$o ascertaining C/% the repairs #ere needed. 7acts! o AF, bud!et ofcer of the Bureau of Posts for the prov of 'a ?nion and other offs and > priv persons were convicted by the -andi!anbayan of estafa thru falsification of pub docus o +har!es arose out of the loss of P5>,<5> resultin! fr falsified vouchers for the repair of postal vehicles when no such repairs were made o Procedure for repair of nonDfxnin! vehicle of the Bureau on the re!ional lev was described as ff" A Re*uisition Houcher 0R,H1 prepared by the +hief of the Fotor $ransport -ec 0F$-1 describin! the vehicle to the repaired and the .ind of repair to be underta.en !oes to the bud!et ofcer and the deputy fin sec chief who initial the same and then to the Re!ional ir who affixes his si! to it indicate his approval o $he approved R,Hs returned to the +hief of the F$- or the latter to ma.e a canvass o All bids to!ether w/ the R,H are delivered to the Award +ommittee for a decision as to w/c bidder will be !iven the )ob order o $he wor. performed by the bidders inspected by the Prop Ofcer o $he insepection rpts approved by the +OA rep o $he vouchers prepared by the +hief of the F$-, sent to fin sec head, then to the bud!et ofcer, and finally forwarded to the dir for approval after w/c the vouchers returned to the fin sec for the prepn of the chec.s o As it turned out, all the !en vouchers and their supportin! docus were spurious o All the accused !ovt ofcers admitted their si!s on the falsified docus B?$ denied havin! commtited the crimes attrbiuted to them o AF claimed that he had NO .nowled!e/parti in the conspiracy to defraud 8ssue! o ,n NO$ Ain! the GobviousM irre!ularity in the prepn of the sub) vourchers, was the findin! of the -andi!anbayan that AF conspired w/ this coDaccused conclusiveJ Held! NO o 1) "arti of accused #as limited to certifying availability of fund and allotting them.00 $he records show that the only participation of the bud!et officer in the alle!ed conspiracy was to obli!ate and allot funds# 6is )ob was to certify to the availability of funds and to se!re!ate those funds in the boo.s once alloted# ,t was not his )ob to directly attend to the inspection of vehicles, the ascertainment of whether or not repairs were needed, the biddin! and awards to repair shops, and the determination of whether or not the repairs were effected pursuant to specifications in the contracts# Fore particularly, he had nothin! to do with the abstract of bids which were falsified to ma.e it appear that the accused private persons participated in the biddin! when in truth, they did not do so o 2) 'onspiracy CA %(6 estabd beyond reasonable doubt.DD -imply because a person in a chain of processin! officers happens to si!n or initial a voucher as it is !oin! the rounds, it does not necessarily follow that he becomes part of a conspiracy in an ille!al scheme# $he !uilt beyond reasonable doubt of each supposed conspirator must be established# ,t is all too easy to be swept into a lon! prison term simply because the !uilt of some conspirators is

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overwhelmin! and somehow it attaches to all who happen to be char!ed in one indictment# o 6here is no testimony in the records to show the petitionerZs participation in the conspiracy# $he only material proofs formin! the basis for conviction are his si!natures on the vouchers and the re*uest for obli!ation of allotment# $he petitioner explains his not havin! *uestioned the three new vouchers in the afternoon of Fay 5>, /@E8 by statin! that he had so many documents and transactions to attend to them# 6e explains that it was humanly impossible to have .nown that the second set of vouchers covered the same three 0>1 vehicles under the first set of vouchers# o ,n other words, he failed to recall the plate numbers of the vehicles in the mornin! vouchers when confronted with the same plate numbers in the afternoon# $he supportin! documents were all properly si!ned, complete, and in order# 2e !ive the benefit of the doubt, !iven two possible explanations one, he was aware all alon! of the falsification and two, he si!ned the papers routinely and perhaps even carelessly, but not with criminal intent# -) Accused(s lacK of care may be a ground for admin a4n /%2G.00 ?nder these circumstances, we find that the petitioner, a mere bud!et officer, si!ned the vouchers and prepared the necessary VRe*uest for Obli!ation and AllotmentV as part of standard operatin! procedures# ,t does not follow that he was part of the conspiracy to defraud# $he petitioner claims that as a bud!et officer he had no authority or duty to !o beyond what appears on the face of the documents supportin! the vouchers, as this duty properly belon!s to the other officers who individually prepared the documents# 6e should have been more careful# 6is lac. of care, however, may be !round for administrative action but it does not !ive rise to criminal culpability absent more evidence a!ainst him# armiento, &8 .%68%9! 2hile , a!ree that the circumstance alone that the petitionerZs si!natures appearin! in the vouchers and other documents in *uestion does not per se ma.e him a coDconspirator# nevertheless by facts that, to me, point to the petitionerZs complicity in the offense char!ed# , am disturbed, first of all, by the fact that the petitioner, upon si!nin! the three vouchers : in exchan!e for the four vouchers he had earlier si!ned, did not ta.e pains to ma.e in*uiries with respect to that substitution, when the two sets of vouchers provided for different sets of creditors# the substitution alone should have alerted him that somethin! had been amiss somewhere# $he petitioner, a bud!et officer, occupies a position of responsibility and accountability# As an executive officer, it is nonetheless his office to !uard a!ainst irre!ularities, especially corruption, in his office# Bor this reason, , do not a!ree that the petitionerDmovant as a bud!et officer performs only minister trial duties# 2) Anti09raft and 'orrupt "racs Act.D in A N to the acts/omissions li.e bribery of pub ofcers already penali4ed by law li.e RP+, the Act declares unlawful certain acts enumerated in -> constiuttin! corrupt pracs of any pub ofcer o penalty imposed on any pub ofcer committin! any of the unlawful acts/omissions enumerated in -> 0corrupt pracs of pub ofcers1 and -; 0prohi on mems of +on! to ac*uire pecuniary int in any bus enterprise benefited by any law authori4ed by him1 is imprisonment

for NO$ O/yr NOR S /8yrs, perpetual dis*ualn fr pub ofc and confiscation/forfeiture of any prohibited int/unexplained wealth 0-@# All prop/money ac*uired by the pub ofcer since he assumed ofc will be ta.en into acct# ,f the amt of his prop/moneys manifestly out of propn to his salary and other lawful income and he +AN$ explain the le!it source of his wealth, it shall be sub) to forfeiture by the !ovt# 6is ban. deposits may be l.ed into for the purpose of detin! the unexplained wealth1 Ar'a# -2 San$'gan"a*an /@E@ 2and #$c #as assessed at "<$s3m in ,2 #as ac3uired by the govt in ,* for "*?E$s3m thru negotiated purchase. 7acts! o ; persons were convicted in connection w/ the overpricin! of land purchased by Bureau of Pub 2or.s or a pro) intended to ease the perennial floods in Fari.ina and Pasi!, FF o accused were prosecuted :cause /@. s*m of rice land w/c had been assessed at P< in 95 were sold as residl land in 9E for PE8/s*m o land for floodway was ac*uired thru ne!otiated purchase o char!e is causin! undue in) to the Covt and !ivin! a priv p unwarranted benes thru manifest partiality, evid BB/inexcusable nee! in violn of ->e, AntiDCraft 'aw 0actual in) F?-$ be estabd by evid % Avila, -r v# -andi!an @@1 o pets and A were 5 of the accused o was then &n!r of the PRov of Ri4al who headed and supervised the ac*uisition of priv lands for the rt of way and A was then the Auditor of Ri4al &n!rin! ist who passed upon and approved in audit the ac*uisition as well as the paymnt of lands needed for the pro) 8ssue! o id the -andi!an commit a reversible error in consvictin! pets in connection w/ the overpricin! of the lands, purchased b the CovtJ Held! o (&-

1) %ecessity of proof to est overpriign for puroses of a crim conviction.00 the decision, insofar as it says that the VcorrectV valuation is P<#88 per s*uare meter and on that basis convicted that petitioners of causin! undue in)ury, dama!e, and pre)udice to the Covernment because of !ross overpricin!, is !rounded on sha.y foundations# o $here can be no overpricin! for purposes of a criminal conviction where no proof adduced durin! orderly proceedin!s has been presented and accepted# o $he +ourtZs decision, however, is based on a more basic reason# 6erein lies the principal error of the respondent court# o 2e would be settin! a bad precedent if a head of office pla!ued by all too common problemsDdishonest or ne!li!ent subordinates, overwor., multiple assi!nments or positions, or plain incompetence is suddenly swept into a conspiracy conviction simply because he did not personally examine every sin!le detail, painsta.in!ly trace every step from inception, and investi!ate the motives of every person involved in a transaction before affixin!, his si!nature as the final approvin! authority#

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2) Mere sig$approval insuff to prove conspiracy.00 2e can, in retrospect, ar!ue that Arias should have probed records, inspected documents, received procedures, and *uestioned persons# ,t is doubtful if any auditor for a fairly si4ed office could personally do all these thin!s in all vouchers presented for his si!nature# $he +ourt would be as.in! for the impossible# All heads of offices have to rely to a reasonable extent Zon their subordinates and on the !ood faith of those prepare bids, purchase supplies, or enter into ne!otiations# ,f a department secretary entertains important visitors, the auditor is not ordinarily expected to call the restaurant about the amount of the bill, *uestion each !uest whether he was present at the luncheon, in*uire whether the correct amount of food was served and otherwise personally loo. into the reimbursement voucherZs accuracy, propriety, and sufficiency# $here has to be some added reason why he should examine each voucher in such detail# Any executive head of even small !overnment a!encies or commissions can attest to the volume of papers that must be si!ned# $here are hundreds of document , letters and supportin! paper that routinely pass throu!h his hands# $he number in bi!!er offices or departments is even more appallin!# o $here should be other !rounds than the mere si!nature or approval appearin! on a voucher to sustain a conspiracy char!e and conviction# o the prosecution li.ewise has not shown any positive and convincin! evidence of conspiracy between the petitioners and their coDaccused# $he pets are ac*uitted on !rounds of reasonable doubt 9rino0A3uino, &8 .%68%9! 1) 'onspiracy of silence and ina4n #here chiefs of ofc shouldve been vigilant to prot the int of the 9ovt.00 A conspiracy need not be proved by direct evidence of the acts char!ed, but may and !enerally must be proven by a number of indefinite acts, conditions and circumstances 0People vs# Faralit, C#R# No# 9//=>, -ept# /@,/@EEK People vs# Roca, C#R# No# 9999@, 7une 59, /@EE1# o $his case presents a conspiracy of silence and inaction where chiefs of office who should have been vi!ilant to protect the interest of the Covernment in the purchase of A!lehamZs twoDhectare riceland, accepted as !ospel truth the certifications of their subordinates, and approved without *uestion the millionDpeso purchase which, by the standards prevailin! in /@9;D9E, should have pric.ed their curiosity and prompted them to ma.e in*uiries and to verify the authenticity of the documents presented to them for approval# $he petitioners .ept silent when they should have as.ed *uestions they loo.ed the other way when they should have probed deep into the transaction# 2) Auditorial f4n of an auditor, as a rep of '/A.00 2e cannot accept AriasZ excuse that because the deed of sale had been si!ned and the property transferred to the Covernment which received a title in its name, there was nothin! else for him to do but approve the voucher for payment# $he primary function of an auditor is to prevent irre!ular, unnecessary, excessive or extrava!ant expenditures of !overnment funds# o $he auditorial function of an auditor, as a representative of the +ommission on Audit, comprises three aspects" 0/1 examinationK 051 audit" and 0>1 settlement of the accounts, funds, financial transactions and resources of the a!encies under their respective audit )urisdiction 0-ec# =>, Covernment Auditin! +ode of the Phil#1#

&xamination, as applied to auditin!, means Vto probe records, or inspect securities or other documentsK review procedures, and *uestion persons, all for the purpose of arrivin! at an opinion of accuracy, propriety, sufficiency, and the li.e#V -) Ac3uisition of riceland CA %(6 done by e4propriation 1:6 thru a negotiated sale.D$he ar! of the -olCen that the price was reasonable and that the valuation in the Os tax dec may may not be used as a standard in determinin! the fair mar.et value of the property because P Nos# 9; and =;= 0ma.in! it mandatory in expropriation cases to fix the price at the value of the property as declared by the owner, or as determined by the assessor, whichever is lower1, were declared null and void by this +ourt# $hat ar!ument is not well ta.en because P Nos# 9; and =;= 0before they were nullified1 applied to the expropriation of property for public use# $he ac*uisition of A!lehamZs riceland was not done by expropriation but throu!h a ne!otiated sale# ,n the course of the ne!otiations, there was absolutely no allegation nor proof that the price of PE8 per s*uare meter was its fair mar.et value in /@9E, i#e#, eleven 0//1 years a!o# 2hat the accused did was to prove the value of the land throu!h fa.e tax declarations, false certifications and a for!ed sworn statement on the current and fair mar.et value of the real property submitted by the accused in support of the deed of sale# Because fraudulent documents were used, it may not be said that the -tate a!reed to pay the price on the basis of its fairness, for the Covernment was in fact deceived concernin! the reasonable value of the land#

o -) 'ode of 'onduct and .thical tands.DRA ;9/> Se t'on 112 "enalties. D 0a1 Any public official or employee, re!ardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or re!ular capacity, committin! any violation of this Act shall be punished with a fine not exceedin! the e*uivalent of six 0;1 monthsZ salary or suspension not exceedin! one 0/1 year, or removal dependin! on the !ravity of the offense after due notice and hearin! by the appropriate body or a!ency# ,f the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute# Hiolations of -ections 9 0Prohibited Acts and $ransaxns1, E 0-A' and Bin isclosure1 or @ 0 ivestment1 of this Act shall be punishable with imprisonment not exceedin! five 0<1 years, or a fine not exceedin! five thousand pesos 0P<,8881, or both, and, in the discretion of the court of competent )urisdiction, dis*ualification to hold public office# 0penalty of absolute perpetual dis*ualn fr ofc in a crim case is the e*uiv of dismissal fr the serv in an admin proceedin! % Buenavista 7r v# Carcia @81 0b1 Any violation hereof proven in a proper administrative proceedin! shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted a!ainst him# 0c1 Private individuals who participate in conspiracy as coDprincipals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be sub)ect to the same penal liabilities as the public officials or employees and shall be tried )ointly with them# 0d1 $he official or employee concerned may brin! an action a!ainst any person who obtains or uses a report for any purpose prohibited by -ection E 0 1 of this Act# $he +ourt in which such action is brou!ht may assess a!ainst such person a penalty in any amount not to exceed twentyDfive thousand pesos 0P5<,8881# ,f

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another sanction hereunder or under any other law is heavier, the latter shall apply# o 5) 7orfeiture of :ne4plained Cealth Act 0RA />9@1#RAct provides for procedure to declare forfeited any prop found to have been unlawfully ac*uired by a pub ofcer o punishes w/ imprisonment for a term NO$ exceedin! <yrs/ a fine NO$ exceedin! P/8./both such imprionsment/fine, any pub ofcer/ee who shall transfer/convey any unlawfully ac*uired prop 0-/51 <) 'iv erv &ec.D0P E891 ec punishes w/ a fine NO$ exceedin! P/./by imprisonment NO$ exceedin! ;mos/both such fine and imprisonment in the discretion of the ct, whoever ma.es any apptment/employs any person in violn of any prov of th dec/Rs made thereunder, or whoever commits fraud, deceit/intentional mirespn of matl facts concernin! other civ matters/whoever violates, refuses/ne!lects to comply, w/ any such prov/Rs )) 9ovt Auditing 'ode.R0P /==<1 +ode punishes w/ a fine NO$ exceedin! P/./imprisonment NO$ exceedin! ;mos/both such fine and imprisonment in the discretion fo the ct, any violn of the provs of -;9 0warrants and chec.s rcvables for taxes/other indetbtedness of the !ovt1, -;E 0,ance of OR1, -E@ 0limitation on cash advances1, -/8; 0liab for acts done by direction of superior ofcer1, and -/8E 0prohi v# pecuniary int1 0-/5E1 ,) 29'.DDD0RA9/;81 punishes w/ imprisonment for ;mos and /day to ;yrs/a fine of NO$ O P>./S P/8./BO$6 such fine and imprisonment at the discretion of the ct, any loc off and any person/s dealin! w/ him who violate the prohis in -E@ of the +ode 0-</=1 *) %8+'.R0P //<E1 +ode punishes" o a# w/ fine of NO$ O P<8. B?$ NO$ S P/88. and imprisonment of NO$ O/8yrs B?$ NO$ S/<yrs and an addl penalty of perpetual dis*ualn to hold pub ofc, to vote and to parti in any pub elec, every off, A/ee char!ed w/ the enforcement of the +ode who is !uilty of extortion/willful oppression thru the use of his ofc, .nowin!ly demandin!/rcvin! unauthori4ed payments willful ne!lect to !ive receipts, conspirin! w/ another to violate the provs of the +ode, permittin!, by ne!lect/desi!n, the violn of the law, ma.in!/si!nin! any false entry, cert/return, allowin!/conspirin! w/ another to allow the w/drawal/recall of any return/paper after the sames been officially rcved by the B,R, failure to rpt his .nowled!e/info of a violn of the +ode, and demandin!/acceptin! any sum of money/thin! for any violn of the +ode 0-5;E o b# w/ fine of NO$ O P<. B?$ NO$ S P/E./imprisonment for a term of NO$ O; mos B?$ NO$ S<yrs/BO$6, any ofcer/ee of the B,R !uilty of unlawful divul!ence of trade secrets/confid info .nowled!e of w/c was ac*uired b yhim in the dischar!e of his off duties 0-5;@1 o c# w/ a fine of NO$ OP<. B?$ NO$ S P/8. /imprisonment for NO$ O5yrs and /day B?$ NO$ S=yrs/BO$6, any internal revenue ofcer !uilty of havin! unlawful int in bus 0-5981K and o d# w/ a fine of NO$ OP<. B?$ NO$ SP<8./imprisonment for NO$ O;mos and /day B?$ NO$ S5yrs/BO$6, every ofcer/ee of the !ovt !uilty of violn of the w/holdin! tax provs of the +ode/re!ns promul!ated thereunder 0-59/1 E) /mnibus .lec 'ode.D&lec offenses committed b^y pub ofcers are punishable under this +ode 0BP EE/K Part ,,1

Chapter E'ght TERMINATION OF OFF RELNS A2 Spe 'f' a))* Mo$e# of ter('nat'on of off re)n# o auth and duties imposed by ofc may be terminated by" o /# &xpiration of term/tenure of ofc o 5# Reachin! a!e limit/retirement o ># eath/perma disabil o =# Resi! o <# Acceptance of an incompatible ofc o ;# Abandonment of ofc o 9# Presc of rt to ofc o E# Removal o @# ,mpeachment o /8# Abolition of ofc o //# +onviction fo a crime/ o /5# Recall o le! modes of terminatin! off relns o may also come to an end by virtue of a revoln o wellDsettled" a sin!le act may offend v# 5/more distinct and related provs of law/the same may !ive rise to crim and civ and admin liab o $6?-, an absolution fr a crim char!e ,-N$ a bar to an admin prosec/viceDversa for the same/similar acts w/c were the sub) of the crim/admin complaint 0O+A v# &nri*ue4 /@@>1 B2 Nat!ra) Ca!#e# B* e,p'rat'on of ter( of of o ?pon expiration of ofcers term, ?N'&-- hes authori4ed by law to hold over, his rts, duties and auth as a pub ofcer must ipso facto cease o 2ord GtermM when used in ref to the tenure of ofc, means ordinarily a fixed and def time prescribed by law/+onsti by w/c an ofcer may hold ofc 0Fechem1 o O&-N$ apply to appointive ofces held at the pleas of the appointin! power o &xpiration of tenure" its the rt of occupant himself to hold the ofc w/c is terminated o Nonrenewal of apptmnt w/ or w/o cause at the end of the term of an appointees a valid mode of termination 0Ambas v# Buenaseda @/1 o NO removals involved Re(o-a) an$ e,p'rat'on of ter( $'#t'ng!'#he$ Removal oust ofcer fr his ofc expiration of his term &xpiration of term before the where term of ofc ,-N$ fixed by law and incumbents relieved by the appointin! auth, the le! effects the

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same as if the term had been fixed by +on! 3 theres NO removal B?$ extin!uishment of the rt to hold ofc by the expiration of his term simiarliy , where an apptments for a def and renewable pd, nonDrenewable thereof O&-N$ involve dismissal B?$ an expiration of term 0Belix v# Buenaseda @51 o +onstil and stat provs prescribin! fixed terms of ofc see. to assure continuity in the dischar!e of pub trust particularly by elective ofcers o $hey -6O?' N$, therefore, resi!n for transient reasons

Ter( an$ ten!re $'#t'ng!'#he$ $erm of ofc time durin! w/c the ofcer may claim to hold the ofc as of rt, and fixes the interval after w/c the several incumbents shall succeed / another fixed and def pd of time to hold ofc, perf its fxns and en)oy its privs nad emoluments :til the expiration of said pd 0term of ofc ,BB fr rt to hold ofc)ust and le! claim to hold and en)oy the powers and resps of the ofc % +asiban! v# A*uino 9@1 $enure of incumbent reps pd durin! w/c the incumbent A+$?A''( holds the ofc may be shorter than the term for reasons w/in/beyond the power of the incumbent 0Nueno v# An!eles# Pub off appointed for a fixed term whose courtesty resi! tendered on call of the Pres was accepted should be placed in the same act as that of an off holdin! a primarily confid pos whose tenure ends upon his superiors loss of confid in him# +esssation fr serv entails NO removal B?$ an expiration of his term1

NO$ affected by holdi!nDover of incumbent after expiration of the term for w/c he was appointed/elected ,''?-$RA$,H& +A-&-" 12 N!eno -2 Ange)e# /@=; "et claims rt to ofc for being unable to serve for full term due to =ap occu 7acts! o N elected councilor of +ity of Fnla and *ualified before 22,, o ue to 7ap occu, 2A-N$ able to serve full term of >yrs o After liberation, failin! to !et apptment, filed axn for *uo warranto v# new appointee 8ssue! o ,s N entitled to hold over as mem of Funi Baord of+ity NO$2-$AN ,NC expiration of his term on ec >/ =>J Held! o NO# o $erm of ofc fixed by law and +AN$ be extended :cause of war# 42 A)"a -2 A)"a /@<9

:nder la#, appointee HA22 hold ofc at pleas of "res. 7acts! o HA appointed by Pres as HF of +ity of Roxas o Apptment confirmed by +OA o Pres desi!nated 7A as actin! HF in place of HA who instituted *uo warranto proceedin! v# 7A o -E, RA ;8> creatin! +ity of Roxas" HF -6A'' be appointed by Pres w/ consent of +OA and -6A'' hold ofc at pleas of Pres# 8ssue! o +ould Pres le!ally replace HA w/o cause by desi!natin! 7AJ Held! o (&o 1) 6enure of appointee dependent upon pleas of "res.00 +on!ress can le!ally and constitutional ma.e the tenure of certain officials dependent upon the pleasure of the PresidentVK that Vthe replacement of respondent Ala)ar is not removal but an expiration of its tenure, which is one of the ordinary modes of terminatin! official relationsVK and that Vwhat is involved here is the creation of an office and the tenure of such office, which has been made expressly dependent upon the pleasure of the PresidentV# o On this score, section 5<=< of the Revised Administrative +ode which was declared inoperative in the antos vs. Mallare case, is different from section E of Republic Act No# ;8>, -ection 5<=< refers to removal at pleasure while section E of Republic Act No# ;8> refers to holding office at the pleasure of the "resident# o 2) %/ fi4ity of tenure provided in la#.00 $he cases relied upon by respondents are, therefore, inopposite to the instant proceedin!s# Bor all of them relate to removal of officials in violation of laws which prescribed fi4ity of term# o &ven assumin! for the moment that the act of replacin! Ala)ar constitute removal, the act itself is valid and lawful, for under section E of Republic Act No# ;8>, no fi4ity of tenure has been provided for, and the pleasure of the President has been exercised in accordance with the policy laid down by +on!ress therein# o ,t is only in those cases in which the office is held at the pleasure of the appointin! power and where the power of removal is exercisable at its mere discretion, that the officer may be removed without notice or hearin!# o %ote! -AF& rulin! in Bernande4 v# 'edesma ;>

Prov" Pres may remove at his discretion any appointive ofcers w/ & of Funi 7ud!e, who may be removed ON'( accd! to law# /E

52 Ca$'ente -2 Santo# /@E; Mayor dispensed #$ servs of 'ity 2eg /fcer on ground that pos #as parimarily confid in nature. 7acts! o + appointed +ity 'e! Ofcer of avao +ity o New Fayor terminated his servs on !round his pos was primarily confid in nature# 8ssues!
18 RA 55;//+iv -erv 'aw of <@ enacted" ,ncumbent mayors, HFs and +ouncilors xxx All other city offs appointed by pres of Phils may NO$ be removed fr ofc & for cause -@, RA 55<@ expressly repeals all acts/parts of acts inconsistent w/ its provs#

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o /1 ,s pos primarily confid in natureJ o 51 ,s termination of +s servs removal/dismissalJ Held! o 1) "os primarily confid in nature.00 $he position of a +ity 'e!al Officer is one re*uirin! that utmost confidence on the part of the mayor be extended to said officer# $he relationship existin! between a lawyer and his client, whether a private individual or a public officer, is one that depends on the hi!hest de!ree of trust that the latter entertains for the counsel selected# As stated in the case of Pinero vs# 6echanova, 'D55<;5, October 55, /@;;, /E -+RA =/9; 0citin! e los -antos vs# Fallaare E9 Phil# 5E@1, the phrase primarily confidentialZ Vdenotes not only confidence in the Zaptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of intercourse, without embarrassment on freedom from mis!ivin!s of betrayals of personal trust on confidential matters of state# o 2) 6erm of ofc e4pired.00 $he tenure of officials holdin! primarily confidential positions ends upon loss of confidence, because their term of office lasts only as lon! as confidence in them enduresK and thus their cessation involves no removal 0+orpus vs# +uaderno, 'D5>95/, Farch >/, /@;<, /> -+RA <@/D<@;1# 2hen such confidence is lost and the officer holdin! such position is separated from the service, such cessation entails no removal but an expiration of his term# o $here bein! no removal or dismissal it could not, therefore, be said that there was a violation of the constitutional provision that Vno officer or employee in the civil service shall be suspended or dismissed except for cause as provided by lawV /@ =2 Cr'#to"a) -2 Me) hor 99 ervs of priv sec in ofc of "res terminated 1:6 %/ evid adduced his pos #as primarily confid. 7acts! o + fmrly employed as priv sec in Press Priv Ofc o F, &xec -ec, by letter, informed + his servs terminated effective today, 7an / ;5 o -imilar letter addressed by F to othe ees in Ofc of Pres o ismissed ees appealed to Pres by letters o Re*uest for recon denied by F actin! by auth of Pres 0by letter1 o &es separated 0NO$ includin! herein +1 filed a civ axn v# F and +ash
19 $he matter of expiration of a term of an officer holdin! a primarily confidential position, as distin!uished from a removal or dismissal, was further explained by this +ourt, in the case of 8ngles vs. Mutuc, 'D58>@8, November 5@, /@;8, 5; -+RA /9/, in this wise" 2hen an incumbent of a primarily confidential position holds office at the pleasure of the appointin! power, and the pleasure turns into a displeasure, the incumbent is not removed or dismissed from officeDhis term merely expires, in much the same way as an officer, whose ri!ht thereto ceases upon expiration of the fixed term for which he had been appointed or elected, is not and cannot be deemed removed or dismissed therefrom, upon expiration of said term# $he main difference between the former the primarily confidential officerDand the latter is that the latterZs term is fixed or definite, whereas that of the former is not preDfixed, but indefinite, at the time of his appointment or election, and becomes fixed and determined when the appointin! power expresses its decision to put an end to the services of the incumbent# 2hen this event ta.es place, the latter is not removed or dismissed from officeDhis term merely expired,

isbursin! Ofcer of Ofc of the Pres prayin! for reinstatement and payment of salaries effective 7an / ;5 o On appeal by ees, -+ reversed dismissal of complaint and declared removal ille! and ordered reinstatement w/ B2s o + addressed letter of Ofc of Pres, re*uestin! reinstatement and B2s o enied repeatedly in successive letters addressed to +, last declared matter finally closed o Au! /8 9/" + filed w/ +B, complaint namin! new &xec -ec and cash disbursin! ofcer s 8ssue! o 2as + occupyin! pos primarily confid in nature and $6&R&BOR& sub) to removal at pleas of appointin! powerJ Held! o NO# o 1) CorK mainly clerical in nature.00 there was no evidence to indicate that the respective positions of the dismissed plaintiffs were Vprimarily confidentialV in nature and on the contrary the compensation attached and the desi!nation !iven thereto su!!est the purely or at least mainly clerical nature of their wor.K and conse*uently,, considerin! that the plaintiffs were admittedly civil service eli!ibles with several years of service in the Covernment, their removal from office was Ville!al and contrary to lawV# 1=F o 2) 6enure %/6 made dependent on pleas of .4ec ec. DD +ristobal, is a civil service eli!ible with ei!ht 0E1 years of service in the !overnment# 6e was holdin! V,tem @V VPrivate -ecretary ,V in the Bud!et for the VPresidentZs Private OfficeV with annual compensation of P=,/EE#88# No evidence was adduced by the !overnment to show that +ristobalZs position was Vprimarily confidentialV#1< On the contrary as stated by this +ourt in 8ngles vs. Mutuc the compensation attached to this item and the other items except for one and the desi!nation of the position indicate the purely nature of the functions of the employees dismissed from the service# ,n fact, none of the letters sent to the herein appellant from the Office of the President ever indicated that he was holdin! his position at the pleasure of the appointin! power or that his services were terminated because his term of office had VexpiredV# $he only reason !iven and this appears in the letter of -eptember /, /@;@ from the Office of the President was that he failed to institute the proper proceedin! to assert his ri!ht, if any, to the position within the period of one year from the date of termination and under settled )urisprudence he is deemed to have abandoned his ri!ht to said office or ac*uiesced in his removal# 16 Co((en e(ent of ter(# of of o +onsti/stats creatin! pub ofces usu presribe limits of terms provided for, fixin! dates at w/c theyll be!in and end o /1 ate for commencement of terms ordinarily fixed for some appreciable pd after elec/apptment, to !ive the newly chosen ofcer time to arran!e his affairs and *ualify in the prescribed manner# o 51 2here NO times fixed, term will !enerally be!in on date of elec, in case of elective ofcers, and at date of apptment, where ofcers appointed# o >1 2here term runs fr a certain date, day of dates excluded in computation Po.er of Cong to f',, #horten+)engthen ter( o 1) Chere term fi4ed by 'onsti.D 2hen +onsti fixes term of civ ofc, its beyond power of +on! to affect tenure of such constil ofc

99

+AN$ abrid!e/extend time provided for $erm of ofc can be shortened/extended by vote of ppl ratifyin! constil amendment, B?$ such will ordinarily NO$ be held retrospective in its opn ?N'&-- terms clearly disclose intention 2) Chere term %/6 fi4ed by 'onsti.D +on! may fix terms of ofcers O$6&R $6AN those provided for in +onsti o ,f theres NO constil fixin! of term of ofc, +on! may limit duration of term of ofc in any way it deems fit o Fay !ive to ofcers terms of fixed/indef tenure, &H&N for life o eclared that, where terms are prescribed by law, pub policy forbids that be! and expiration of terms of ofcers be left to discretion of person holdin! ofc/body havin! appointin! power 2hen +on! creates pub ofc, it has power to modify term in pub intK may shorten/len!then term in absence of constil inhibition o NO constil bar v# F&R& shortenin! of term of existin! stat ofc by le!is aimed at ofc RA$6&R $6AN at incumbent, and power to extend le!islatively estabd terms of ofc is w/in discretion of +on!, -O 'ONC as reasonable o +on! free to chan!e tenure of ofces holdin! ofces w/c created it B?$ bud!etary auth has NO power to shorten a term of ofc fixed by le!is act by refusin! to appropriate funds nec to meet payroll re*ts o o

beh/at pleas of appointin! power <) "urpose of holdover pos.D Purpose of provs authori4in! pub ofcers to holdovers to prevent a hiatus in the !ovt pendin! the time when a successor may be chosen and inducted into ofc, for in absence of any prov to the contrary, pub int re*uires that pub ofces -6O?' be filled at all time w/o interruption )) tatus of holdover ofcer.RPub ofcer who holds overs a de jure ofcer if his holdin! overs authori4ed by lawK O$6&R2,-&, hes a de facto ofcer

Ho)$'ng o-er after e,p'rat'on of ter( o 2hen a pub ofcers placed on holdover status, his terms expirted/servs terminated B?$ he should conti holdin! his ofc :til his successors appointed/chosen and *ualified 0Fendo4a v# Auisumbin! @81 o 1) Chere holding over provided by la#.D ?su provided by law that ofcers elected/appinted for a fixed term shall hold NO$ ON'( for that term B?$ :til their successors are elected and *ualified o where this provs found, ofc O&-N$ become vacant upon expiration of term if theres then NO successor elected and *ualified to assume it, B?$ pres incumbent will hold ofc :til his successors elected and *ualified, &H&N thou!h it be beyond the term fixed by law o 2) Chere holding over %/6 provided by la#.D 2here NO provs made, prevailin! opin" ?N'&-- such holdin! over be expressly/impliedly prohibited, incumbent may conti to hold :til some/ else is elected and *ualified to assume ofc o -) Chere 'onsti limits term. R2here +onsti limits term of pub ofcer 0+on!, Pres, HP, 7ud, +on+om and Ombudsman1 w/o providin! that he can conti in ofc after expiration of his off term :til his successors duly *ualified, holdin! overs NO$ permitted o 5) Appli of holdover prov.RProv for holdin! over applies ON'( where a fixed terms annexed to an ofc# o -uch prov may be made applicable to elective and appointive ofcers B?$ may be restricted to certain ofcers o B?$ a prov appearin! in the +onsti, in terms applicable to all pub ofcers, ,-N$ restricted to constil ofcers o ,n detin! 2ON a holdover prov applies to a pub ofcer, a rvwin! cts !uided by the prin" construc of a stat by those char!ed w/ its exec should be ffed ?N'&-- there are compellin! indications its clearly wron! o NO$ applicable where terms of indef duration, ex# durin! !ood

D!)$!)ao -2 Ra(o# <5 After a muni converted into /ccidental Mindoro, =udge of '78 of orig "rov of Mindoro, #hose sala(s located in /riental Mindoro, 8ed an order affecting land located in /ccidental Mindoro. 7acts! o 7 s owner of land located in muni of -an 7ose of whats NO2 Occid Findoro, w/ a homestead cert of title o -, / of resps, filed a verified pet w/ +B, 0NO2 R$+1 of Oriental Findoro in w/c he prayed for ,ance of new Ows cert of title 0duplicate1, alle!in! that he bou!ht a portion of the land and 7 s cert of titles been lost/destroyed o $ruth" 7 had it in his possession o Resp 7ud!e directed Re! of eeds of Oriental Findoro to , a 5nd Os duplicate o 7 and F file a pet for cert and alle!ed that deed presented to ct was for!ed/invalid and F was transferee of all rts and int of 7 by virtue of deed of sale executed by 7 in F s favor 8ssue! o 2/ the conversion of Funi of -an 7ose into Prov of Occid Findoro, did +B, 7ud!e of Prov of Oriental Findoro act outside scope of their 7J Held! o NO

1) =udge and +eg of &eeds contid to be offs of both provs.00 in the absence of any provision to the contrary, the +ourt of Birst ,nstance 7ud!e and the Re!ister of eeds of the Province of Findoro continued after its division to be the 7ud!e and the Re!ister of eeds for Occidental Findoro after the passa!e of Republic Act No# <8<, there is no valid !round for the proposition that they had ceased to be the same officials for Occidental Findoro# 2) tatus 3uo maintained for the time being. DD Another reason for the above conclusion is that the law abhors a vacuum and that a provision not violative of any enactment or the constitution is to be read into an act to supply the omission# Brom this standpoint, the 7ud!e of the +ourt of Birst instance and the Re!ister of eeds of Findoro had to be re!arded as the )ud!e and the Re!ister of eeds of Occidental mindoro if the latter province was not to be left without officials so indispensable# ,ndeed, the absolute silence of Republic Act No# <8< on this matter can admit only of the construction that the +on!ress intended to maintain the status 3uo in this re!ard for the time bein!# -) "rin of holdover applicable. DD if sustained, the effect of the herein petitionersZ contention would be no less than a complete paraly4ation of )udicial functions in one of the two new provinces# Obviously, the situation presented all the elements which called for the application of the principle of holdDover, to preserve the continuity in the transaction of official business and the operation of the machinery of )ustice#

100

Of reate$ for a o(p)'#h(ent of a #pe a t o 2here an ofc is created/ofcer appointed, to perf a sin!le act/accomplish a !iven result, ofc terminates and ofcers auth ceases w/ accomplishment of purpose w/c called it into bein! o $ermination of off rels e*uiv to expiration of term o Ofc ceases to exist o &x# 2hen a board of canvassers has fully performed its duty w/ proc of candidates elected based on cert of canvass, boards deemed functus officio o Bfs" persons who composed it ON$ possess any power/auth to recanvass the returns/be compelled by mandamus B* rea h'ng of age )'('t o Fode of terminatin! off relns results in comp and auto retirement of pub ofcer o +onsti" Fems of -+ and )ud!es of '+s shall hold ofc durin! !ood beh :til they reach a!e of 98yrs/become incapacitated to dischar!e duties of ofc 0AE, -;1 o +omp retirement of pub ofcers and ees when they reach ;<s provided/imposed by law 0laws on retirement of mil ofcers -6AN$ allow ext of their serv % A/;, -<T<U158 o NO$ result of contractual stip 0Beronilla v# C-,- /@981 o Retirement of resp )ud!e O&-N$ render admin case v# him before retirement moot and acad 0-y Ban! v# Fende41 B* $eath+per(a $'#a"') o /1 eath of incumbent of an ofc, w/c is by law to be filled by / person ON'(, necessarily renders ofc vacant o pub off ceases to hold ofc upon death and all rts, duties and obli!ations pertinent to ofc are extin!uished 07amil v# +omelec @91 o B?$ where auth to be exerd is conferred upon 5/more ofcers, a diff R applies 2hile death of / terminates his auth and leaves a vacancy to be filled, whole ofc ,-N$ vacant ?N'&-- )oint axn of alls expressly re*d, survivors may execute the ofc o 51 Perma disabil covers phys/mental disabil o while difficulty seldom arises on matter of occurrence of death, theres prob of detin! what de! of incap suffices to consider it perma o incumbent may NO$ believe/wish to admi hes permanently disabled to dischar!e powers nad duties of foc, and may refuse to !ive it up o in such case, appointin! power will have to ma.e the decision whether his condis reaed a vacancy B?$ a)du detn of the facts nec
20

to render it conclusive 5/ C2 A t# of Neg)e t of Of er B* re#'g o Rt of pub ofcer to resi!ns wellDreco!ni4ed o Provided an ofcer may hold over :til elec and *ualn of successor o / who !ains elective/appointive pub ofc ,-N$ le!ally committed to finish term o ofcDholder may resi!n/retire anytime he chooses o NO reason to *ualify/limit an ofcers rt to relin*uish pub ofc where ade*uate safe!uards exist to prot pub and rts of cs o Rt to resi!ns NO$ ta.en in un*ualified terms o 2t of auth and pub policy re*uire that rt shall be declared in a more restricted manner" As civ ofcers are appointed for purpose of exertin! fxns and carryin! on opns of !ovt, and maintainin! pub order, a potl or!n would seem imperfect w/c should allow depositories of its power to throw off resps at their own pleas# Ofc is re!arded as burden w/ appiontees bound, in the int of comm# and !ood !ovt, to bear# Br this ffs that after an ofc conferred and assumed, it +AN$ be laid down w/o consent of appointin! power# Re*d in order that pub ints mi!ht suffer NO inconvenience for want of pub servants to execute laws 0Fechem1 o Resi! -6O?' N$ be used either as escape/easy way out to evade admin liab by ct personnel facin! admin sanction 0+a)ot v# +ledera EE1 o On prin that / +AN$ resi!n what he O&-N$ yet possess, / who 6A-N$ been elected/appointed to pub ofc +ANt resi!n it/if elected/appointed, +AN$ resi!n :til times arrived when hes entitled by law to possess it Mng of re#'g o Bormal renunciation of relin*uishment of pub ofc o ,mplies expression by incumbent in some form, express/implied, of intention to surrender, renounce, and relin*uish his rt to the ofc and its acceptance by competent and lawful auth For( of re#'g o /1 2here, by law, a resi!s re*d to be made in any parti form, that form
21 AR$,+'& H,, % &Q&+?$,H& &PAR$F&N$ Se t'on :# ,n case of death, permanent disability, removal from office, or resi!nation of the President, the HiceDPresident shall become the President to serve the unexpired term# ,n case of death, permanent disability, removal from office, or resi!nation of both the President and HiceDPresident, the President of the -enate or, in case of his inability, the -pea.er of the 6ouse of Representatives, shall then act as President until the President or HiceDPresident shall have been elected and *ualified# $he +on!ress shall, by law, provide who shall serve as President in case of death, permanent disability, or resi!nation of the Actin! President# 6e shall serve until the President or the HiceD President shall have been elected and *ualified, and be sub)ect to the same restrictions of powers and dis*ualifications as the Actin! President#

+-+s char!ed by Admin +ode of E9 w/ enforcement of constil and stat provs relative to retirement and re!ns for effective implementation of retirement of !ovt offs and ees 0b. <, $itle /, -/;T/=U1# H&R( difficult to suppose that the limitation of permissible exts of serv after ees reached ;< has NO reasonable rel/NO$ !ermane to provs of law# Physiolo!ical and pschol procs associated w/ a!ein! in hum bein!s are related to efficiency and *ual of serv that may be expected fr indiv persons 0Rabor v# +-+ @<1 /yr limitation on ext of serv of !ovt ee whos reached comp retirement a!e of ;< imposed under +- Femo +irc 59 was valid and reasonable in Rabor

101

F?-$ be substantially complied w/ 51 2here NO such forms prescribed, NO parti modes re*d B?$ resi! may be made by any meth indicative of the purpose o may NO$ be in writin! ?N'&-- so re*d by law o oral/implied by conduct

appointed# $he ob)ection if it is to be applied at all it should be a!ainst his wifeZs appointment, not a!ainst his own# Ort'A -2 Co(e)e /@EE Appli for retirement benes of a 'omm of 'omelec #hose courtesty resig #as accepted by the "res #as denied by the 'omm 7acts! o O was appointed +omm of +omele by Pres Farcos for a term expirin! Fay /9 @5 and t. oath of ofc 7uly >8 E< o Farch < E;" he w/ other +omms, sent Pres A*uino letter" Bfin! ex of 6on 7usts of -+, on premise we have now a revolutionary !ovt, we place our pos at ur disposal o Far 5< E;" Breedom +onsti promul!ated thru Proc >" All elective and appointive offs and ees under 95 +onsti shall conti in ofc/til otherwise provided by proc/&O/upon desi!/apptment and *ualn of successors 0A>, -51 o Resi! of O was accepted by Pres o &n banc resoln" +omelec denied appli for retirement on !round that he 2A-N$ entitled to retirement benes under RA /<;E w/o specifyin! the reasons therefore o Act as amended by RA ><@<, reenacted by RA ;//E" $o be entitled to retirement benes in case of resi!, a mem of th +omele F?-$H& rendered NO$ O58y of serv in !ovt 8ssue! o 2ON a constil off whose courtesty resi! was accepted by the Pres before expiration of his term may be entitled to retirement benesJ Held! o 1) .lem of clear intention to surrender pos #as lacKing.00 PetitionerZs separation from !overnment service as a result of the reor!ani4ation ordained by the then nascent A*uino !overnment may not be considered a resi!nation within the contemplation of the law# petitionerZs Vresi!nationV lac.s the element of clear intention to surrender his position# 2e cannot presume such intention from his statement that he was placin! his position at the disposal of the President# 6e did not cate!orically state therein that he was unconditionally !ivin! up his position# o Herily, a Vcourtesy resi!nationV can lot properly be interpreted as resi!nation in the le!al sense for it is not necessarily a reflection of a public officialZs intention to surrender his position# Rather, it manifests his submission to the will of the political authority and the appointin! power# o 2) "et should be deemed to have completed his term.00 $he curtailment of his term not bein! attributable to any voluntary act on the part of the petitioner, e*uity and )ustice demand that he should be deemed to have completed his term albeit much ahead of the date stated in his appointment paper# PetitionerZs case should be placed in the same cate!ory as that of an official holdin! a primarily confidential position whose tenure ends upon his superiorZs loss of confidence in him# 6is cessation from the service entails no removal but an expiration of his term# 1< o As he is deemed to have completed his term of office, petitioner should be considered retired from the service# o 59 E#tra$a -2 De#'erto 588/ "et claims that he &8&%(6 resign as "res of the "hils$he

What on#t'# re#'g o there must be intention to relin*uish part of term, accompanied by act of relin*uishment o implies an expression of incumbent in some form, express/implied of intention to surrender, renounce and relin*uish ofc o written resi!, delivered to board/ofcer authori4ed to recv it and fill vacancy createds prima facie, B?$ NO$ conclusive evid of intention to relin*uish ofc o such resi! F?-$ be si!ned by p tenderin! it o By applyin! for and rcvin! retirement benes, / may be deemed to have irrevocably resi!ned fr !ovt serv 0$riste 7r v# Facarae! E@1 19 /onAa)e# -2 Hernan$eA ;/ +esig #as subj to result of appeal contesting ee(s dismissal 7acts! o C was appointed attyDA of ,Nvesti! and -ecret -erv iv, OB, B?$ was ordered to resi!n by +omm of +- who found him !uilty of disreputable conduct prior to enterin! serv o Biled condil resi! 0sub) to result of appeal w/ +- Board of Appeals1 o 2ife was appointed in his place and when promoted, replaced by B o C accepted temp apptment as emer helper of C-,o +- Board of Appeals modified decision to suspension for 5mos w/o pay and ordered reinstatement of C w/o bein! entitled to collect salary durin! his suspension o -ec of Bin refuse, 6&N+&, !ivin! rise to another axn in ct 8ssue! o 6as C the rt to reinstatementJ Held! o (&o 1) %/ clear intention to relin3uish pos by filing condil resig.00 there is no resi!nation to spea. of, because there is no intention on plaintiffZs part to relin*uish his position as attorneyDa!ent in the epartment of Binance# $o constitute a complete and operative act of resi!nation, the officer or employee must show a clear intention to relin*uish or surrender his position and and an acceptance by competent and lawful authority#V 6ere, it was a condil resi! o 2) %/ abandonment by acceptance of temp pos.DD Plaintiffs position in the C-,- was temporary in nature, durin! the period of an emer!ency onlyK hence, there was NO abandonment# ,n any case as the court below found, this temporary employment is not incompatible with his old positionK he could resi!n this temporary position any time as soon as his case has been definitely decided in his favor# o -) 9 entitled to reinstatement.DD the ob)ection Ttha he wife was employed in the same ofcU cannot lie v# Cs reinstatementK it did not exist at the time of his ori!inal appointment# 6e was already employed before his wife was

H/:2&%(6 be considered

102

as resigned as of =an 2? ?1 #hen resp tK her oath as the 15th "res of the +ep. 7acts! o ,n sum, we hold that the resi!nation of the petitioner cannot be doubted# ,t was confirmed by his leavin! Falaca an!# ,n the press release containin! his final statement, 0/1 he ac.nowled!ed the oathDta.in! of the respondent as President of the Republic albeit with reservation about its le!alityK 051 he emphasi4ed he was leavin! the Palace, the seat of the presidency, for the sa.e of peace and in order to be!in the healin! process of our nation# 6e did not say he was leavin! the Palace due to any .ind inability and that he was !oin! to reDassume the presidency as soon as the disability disappears" 0>1 he expressed his !ratitude to the people for the opportunity to serve them# 2ithout doubt, he was referrin! to the past opportunity !iven him to serve the people as President 0=1 he assured that he will not shir. from any future challen!e that may come ahead in the same service of our country# PetitionerZs reference is to a future challen!e after occupyin! the office of the president which he has !iven upK and 0<1 he called on his supporters to )oin him in the promotion of a constructive national spirit of reconciliation and solidarity# +ertainly, the national spirit of reconciliation and solidarity could not be attained if he did not !ive up the presidency# $he press release was petitionerZs valedictory, his final act of farewell# 6is presidency is now in the part tense# o ,t is, however, ur!ed that the petitioner did not resi!n but only too. a temporary leave dated 7anuary 58, 588/ of the petitioner sent to -enate President Pimentel and -pea.er Buentebella is cited# A!ain, we refer to the said letter, vi4" o V-ir# o By virtue of the provisions of -ection ,,, Article H,, of the +onstitution, , am hereby transmittin! this declaration that , am unable to exercise the powers and duties of my office# By operation of law and the +onstitution, the Hice President shall be the Actin! president# o 0-!d#1 7oseph &)ercito &stradaV 8ssue! o 2ON pets resi!ned as Pres Held! o $he issue brin!s under the microscope the meanin! of section E, Article H,, of the +onstitution which provides" o V-ec# E# ,n case of death, permanent disability, removal from office or resi!nation of the President, the Hice President shall become the President to serve the unexpired term# ,n case of death, permanent disability, removal from office, or resi!nation of both the President and Hice President, the President of the -enate or, in case of his inability, the -pea.er of the 6ouse of Representatives, shall then act as President until the President or Hice President shall have been elected and *ualified# o $he issue then is whether the petitioner resi!ned as President or should be considered resi!ned as of 7anuary 58, 588/ when respondent too. her oath as the /=th President of the Public# o 1) .lems and form of resig.00 Resi!nation is not a hi!h level le!al abstraction# ,t is a factual *uestion and its e)e(ent# are beyond *uibble" there (!#t "e an 'ntent to re#'gn an$ the 'ntent (!#t "e o!p)e$ "* a t# of re)'n3!'#h(ent2 9E $he validity of a resi!nation is not !overnment by any

formal re*uirement as to form# ,t can be oral# ,t can be written# ,t can be express# ,t can be implied# As lon! as the resi!nation is clear, it must be !iven le!al effect# o ,n the cases at bar, the facts show that petitioner did not write any formal letter of resi!nation before he evacuated Falaca an! Palace in the afternoon of 7anuary 58, 588/ after the oathDta.in! of respondent Arroyo# +onse*uently, whether or not petitioner resi!ned has to be determined from his act and omissions before, durin! and after 7anuary 58, 588/ or by the tota)'t* of pr'or, onte(poraneo!# an$ po#ter'or fa t# an$ 'r !(#tant'a) e-'$en e "ear'ng a (ater'a) re)e-an e on the '##!e2 o ?sin! this totality test, .e ho)$ that pet't'oner re#'gne$ a# Pre#'$ent2 2) 2etter of pet dated =an 2? ?1.00 $o say the least, the above letter is wrapped in mystery#@/ $he pleadin!s filed by the petitioner in the cases at bar did not discuss, may even intimate, the circumstances that led to its preparation# Neither did the counsel of the petitioner reveal to the +ourt these circumstances durin! the oral ar!ument# ,t stri.es the +ourt as stran!e that the letter, despite its le!al value, was never referred to by the petitioner durin! the wee.Dlon! crisis# $o be sure, there was not the sli!htest hint of its existence when he issued his final press release# ,t was all too easy for him to tell the Bilipino people in his press release that he was temporarily unable to !overn and that he was leavin! the reins of !overnment to respondent Arroyo for the time bearin!# ?nder any circumstance, however, the mysterious letter cannot ne!ate the resi!nation of the petitioner# ,f it was prepared before the press release of the petitioner clearly as a later act# ,f, however, it was prepared after the press released, still, it commands scant le!al si!nificance# PetitionerZs resi!nation from the presidency cannot be the sub)ect of a chan!in! caprice nor of a whimsical will especially if the resi!nation is the result of his reputation by the people# -) +esig of a pub ofcer #$ pending investig$prosec v. him#DD After petitioner contended that as a matter of fact he did not resi!n, he also ar!ues that he could not resi!n as a matter of law# 6e relies on section /5 of RA No# >8/@, otherwise .nown as the AntiD!raft and +orrupt Practices Act, which alle!edly prohibits his resi!nation, vi@" V-ec# /5# No public officer shall be allowed to resi!n or retire pendin! an investi!ation, criminals or administrative, or pendin! a prosecution a!ainst him, for any offense under this Act or under the provisions of the Revised Penal +ode on bribery#V the intent of the law ou!ht to be obvious# ,t is to prevent the act of resi!nation or retirement from bein! used by a public official as a protective shield to stop the investi!ation of a pendin! criminal or administrative case a!ainst him and to prevent his prosecution under the AntiDCraft 'aw or prosecution for bribery under the Revised Penal +ode# $o be sure, no person can be compelled to render service for that would be a violation of his constitutional ri!ht#@= A public official has the ri!ht not to serve if he really wants to retire or resi!n# Nevertheless, if at the time he resi!ns or retires, a public official is facin! administrative or criminal investi!ation or prosecution, such resi!nation or retirement will not cause the dismissal of the criminal or administrative proceedin!s a!ainst him# 6e cannot use his resi!nation or retirement to avoid prosecution# o

103

$here is another reason why petitionerZs contention should be re)ected# ,n the cases at bar, the records show that when petitioner resi!ned on 7anuary 58, 588/, the cases filed a!ainst him before the Ombudsman were OFB +ase Nos# 8D88D/;5@, 8D88D/9<<, 8D88D /9<;, 8D88D/9<9 and 8D88D/9<E# 2hile these cases have been filed, the respondent Ombudsman refrained from conductin! the preliminary investi!ation of the petitioner for the reason that as the sittin! President then, petitioner was immune from suit# $echnically, the said cases cannot be considered as pendin! for the Ombudsman lac.ed )urisdiction to act on them# -ection /5 of RA No# >8/@ cannot therefore be invo.ed by the petitioner for it contemplates of cases whose investi!ation or prosecution do not suffer from any insuperable le!al obstacle li.e the immunity from suit of a sittin! President#

To .ho( re#'g ten$ere$ o esi!nated by stat o ,n absence of stat dir, pub ofcer should tender resi! to ofcer/body havin! auth to appoint his successor/call an elec to fill the ofc o Resi! of a presl appointee can be acted upon as to acceptance/re)ection ON'( by the Pres 0$eodoro v# 2arnes1 o -+ +AN$ accept resi! of )ud!e :cause such acceptance is the prero of the Pres B?$ it may consider an errin! )ud!e retired w/ all the benes and !ratuities forfeited 0O+A v# 'ansan! @81 o B?$ acceptance by ept -ec of resi!s deemed to be act of Pres :cause ept -ecs are reps of the Pres and their off acts are presumptively the acts of the Pres ?N'&-- disapproved/reprobated by the latter 0$riste 7r v# Facarae! 7r1 o A resi! tendered to an improper person/bodys a nullity Lega#p' -2 E#p'na /@98 uspended mayor filed '/' for pos of 'ong and lost in elec 7acts! o ,n ori! axn for cert and manda, ' as Fayor of ala!uete +ebu, Aed for lac. of auth and validity, resp Prov Boards decision in an admin case, wherein it found ' !uilty of char!es of oppression and serious misconduct in ofc filed v# him by resp Cov as complainant o Resp Board imposed upon ' penalty of suspension o Before term expired, correspondin! to unexpired term of ofc of ' as Fayor, he filed his +O+ for pos of +on!, was voted for, and obtained >rd place amon! the candidates o Resp averrin! that 's made NO demands for dama!es/payments of salaries, NO2 as. for dismissal of pet as moot and acad since ', havin! been considered resi!ned by opn of law fr ofc of Fayor upon his filin! of his +O+ for +on!, is NO lon!er entitled to the relief of reinstatement to the ofc of mayor o ', in his oppo, contend that his severance fr ofc of Fayor by virtue of Revised &lec +ode, -6O?' N$ be applied to him :cause he 2A-N$ actually holdin! pos of Fayor for he was suspended then o Besides, assumin! he automatically ceased to be Fayor on -ept = ;9 when he filed his +O+ for pos of +on!, he would N&H&R$6&'&-have a claim for bac. salary for his suspension on Au! 5 ;E to -ept =

;@, should his suspension be declared to be w/o le! basis 8ssue! o ,s ' entitled to relief of reinstatement to ofc of FayorJ Held! o NO o 1) 'andidacy for loc elective ofc /6H.+ 6HA% ofc actly held.00 he automatic and permanent loss of office < by any elective provincial, municipal or city official Vwho runs for an office other than the one which he is actually holdin!V decreed by the Revised &lection +ode, refers to the local office to which the official concerned has been elected and to which he claims title and ma.e no exception for officials under suspension at the time they file their certificate of candidacy for another office# o 2) +t to ofc of mayor forfeited.DD -ince petitioner thereby forfeited any ri!ht to the office of mayor of ala!uete, +ebu as of -eptember =, /@;@ when he filed his candidacy for +on!ressman, his present petition see.in! reinstatement to the said office of mayor has lost all basis# $he element of ur!ency in his petition for reinstatement should his suspension be found unwarranted under the facts and the applicable law, which led the +ourt to hear his petition, has li.ewise been lost# o -) 'laim for bacK salaries may be pursued. DD All that is left for him to pursue is his claim for bac. salaries durin! the period above stated, and for this purpose, he must !o throu!h the normal administrative proceedin!s and see. to establish his ri!htful claim thereto in his pendin! appeal with the Office of the President, sub)ect, of course, to respondentsZ factual and le!al defenses# Ne e##'t* of a eptan e of re#'g o 1) Abandonment unla#ful before acceptance.D ,n the Phils, acceptance is nec, and any pub ofcer who, before acceptance of his resi!, shall abandon his ofc to the detriment of the pub serv shall suffer penalty of A may 0RP+, 5>E1 o a pub ofcer +AN$ abandon his ofc/pos before his resi!s accepted B?$ the incumbent off 2O?' N$ be in a pos to det the acceptance of his resi! ?N&'-- hes been duly notified thereof 0Camboa v# +A1 o a resi!s inoperative and ineffective in absence of acceptance o even if resi!s NO$ valid for absence of an acceptance by the proper auth, a pub off may be deemed to have relin*uished his ofc due to his voluntary abandonment of his pos 0-B of -an Andres v# +A @E1 o 2) +esig revocable before acceptance.D2/o acceptance by proper auth55,
22 -&+# E5# +esignation of .lective 2ocal /fficials. D 0a1 Resi!nations by elective local officials shall be deemed effective only upon acceptance by the followin! authorities" 0/1 $he President, in the case of !overnors, viceD !overnors, and mayors and viceDmayors of hi!hly urbani4ed cities and independent component citiesK 051 $he !overnor, in the case of municipal mayors, municipal viceDmayors, city mayors and city viceDmayors of component citiesK 0>1 $he san!!unian concerned, in the case of san!!unian membersK and 0=1 $he city or municipal mayor, in the case of baran!ay officials# 0<1 +opies of the resi!nation letters of elective local officials, to!ether with the action ta.en by the aforesaid authorities, shall be furnished the epartment of ,nterior and 'ocal Covernment#

104

tender/offerto resi!ns revocable ?N'&-- otherwise provided o resi!s NO$ compltee and ofcer remains in ofc R rests on obvious dictates of pub policy o Ofcer may NO$ li!htly throw aside his assumed resps and leave the pub w/o an off when some possible emer may ma.e the existence of a *ualified ofcer of !reat imptance o As civ serv ofcers are appointed to exer the fxns and carry on opns of !ovt and maintain pub order, a potl or!n could seem to be imperfect w/c would allow the depositories of its power to throw off their resps at their own pleas 07oson ,,, v# Nario @81 Acts of an ofcer before the off notification of acceptance of his resi! are de facto 0Camboa v# +A1

at the pleasure of the President#V Obviously, it was not meant to be effective immediatelyK acceptance was still necessary# 4; Abandonment by the incumbent of his office before acceptance of his resi!nation is punishable under the Revised Penal +ode# 2) Acceptance of resig held in abeyance.DD Petitioner claims that there was VimpliedV acceptance of said resi!nation# ,t appears, however, that action thereon was held in abeyance# $he President, apparently, needed more time to consider the validity of the view submitted by the respondent in his memorandum, 51 and confidential letter# 54 As Covernor, the respondent contended, he can be appointed +abinet Finister and, as such, assi!ned later to the Batasan without forfeitin! the !overnorship# 2hen the President finally acted, he shelved the resi!nation, approvin! instead the IB' caucus recommendation for the respondent to reassume the !overnorship#

For( of a eptan e o Acceptance of resi! may be manifested by formal dec/apptment of successor o 2here written resi! of ofcer, intended to operate as such, was duly filed in proper ofc w/o ob)ection, and was endorsed as his resi!, this was suff acceptance, if any was re*d o 2here resi! was accepted, tenure of resi!ned ofcer ended upon such acceptance, and NO$ upon apptment of his successor 0$riste 7r v# Facarae! 7r E@1 P!n#a)an -2 Men$oAa /@E< 8mplied acceptance by the "res of resig #as shelves in the potl p(s caucus. 7acts! o F tendered his resi! as Cov of Pampan!a effective at the pleas of the pres o Pres appointed F, Fin of 7ust and concurrently mem of BP o F tendered his resi! as Cov effective at the pleas of the Pres o ?nder 9> +onsti, mem of +ab whos elected Provl Cov and whos thereafter appointed a meme of BPs NO$ prohibited 0as per ma) decision in this case1 to retain his pos as Cov o F was !ranted leave of absence by Fin of 'oc Cov, pendin! consid by Pres of Fs resi! o P t. his oath of ofc and dischar!ed powers and fxns of Cov 8ssue! o +an F validly reassume !overnorship of Pampan!a after havin! tendered his resi!J Held! o 1) %/ acceptance by "res of resig.00 neither the alle!ed Vimplied acceptanceV of the respondentZs resi!nation nor the imputed Vabandonment of officeV has any factual support in the record# $here was a tender of resi!nation Veffective
0;1 $he resi!nation shall be deemed accepted if not acted upon by the authority concerned within fifteen 0/<1 wor.in! days from receipt thereof# 091 ,rrevocable resi!nations by san!!unian! members shall be deemed accepted upon presentation before an open session of the san!!unian concerned and duly entered in its records" Provided, however, $hat this subsection does not apply to san!!unian members who are sub)ect to recall elections or to cases where existin! laws prescribe the manner of actin! upon such resi!nations#

W+$ra.a) of re#'g o immediately effective resi! may be w/drawn before its acted upon B?$ NO$ after acceptance o resi! of an ofcer, effective at afuture date, may NO$ be w/drawn after the resi!s been accepted o a pub ees entitled to w/draw a prospective resi! if the ee does so before its effective date, before its been acceptance and before the appointin! powers acts in reliance on the resi! 5> o a prospective resi! may amt B?$ to a notie of intention to resi!n at a future day, or a proposition to so resi!n o as its NO$ accompanied by a !ivin! up of the ofc, possessions still retained and may NO$ necessarily be surrendered :til expiration of the le! term of ofc, :cause the ofcer may recall his resi!Rmay w/draw his proposition to resi!n o he certainly can do this at any time before its acceptedK and after it is, he may ma.e w/drawal by consent of the auth acceptin!, where NO new rts have intervened Rep!$at'on of re#'g o /1 Resi!s NO$ effective althou!h a successors already been appointed to ta.e the place of the /st incumbent if said resi!s been transmitted w/o the ofcers consent o 51 Resi! of a pub ofcer procured by fraud/duress is voidable and may be repudiatedK and o >1 A resi! !iven as an alt to have char!es filed v# the pub ofcer may be repudiated, for said resi! +AN$ be accepted as havin! been !iven by the ofcer voluntarily and willin!ly Effe t of $!re##+fra!$
23 Ferino v# +-+ E@" 2hil an appli for optional retirements in prin revocable/w/drawable, option to w/draw must be exerd before appli for retirements accepted# 2/drawal of appli where its in effect an appli for reapptment to applicants fmr pos, needs to be approved by appointin! off since such reapptment may NO lon!er be possible where the vacancys been filled up# Rubio, 7r v# sto $omas /@@8" &ven w/drawal of the appli O&-N$ by itself become effective w/o approval by the proper off# $he withdrawal is sub)ect to the )ud!ment and discretion of the approvin! authority after an assessment and evaluation of the competence and effectiveness of employees within the service#

105

A resi! by an ofcer char!ed w/ misconducts NO$ !iven under duress, thou!h the appropriate auth has already detd that the ofcers alts termination, where such auth has the le! auth to terminate the ofcers employment under the parti circs, since its NO$ duress to threaten to do what / has the le!rt to do, or to threaten to ta.e any meas authori4ed by law nad the circs of the case 2hen an ee resi!ns fr !ovt serv, theres a presum of voluntariness 5=

o o o

B* a eptan e of an 'n o(pat'")e+proh'"'te$ of o /1 +ontrary to policy of law that same indiv should underta.e to perf inconsistent and incompatible duties o he who while occupyin! / ofc, accepts another incompatible w/ the /st, ipso facto, vacates the /st o that 5nd ofc is inferior to /st O&-N$ affect the R o &H&N thou!h title to the 5nd fails as where the elec was void, the Rs -$,'' the same, NOR can the ofcer re!ain possession of his fmr ofc to w/c another persons been appointed/elected 0Fechem1 o $itles terminated w/o any other act/proceedin! 0-antia!o v# A!ustin 5=1 o /st ofc may be filled by apptment/elec as law provides o 51 if law/+onsti as an exp of pub policy forbids acceptance by a pub ofcer of any other ofc O$6&R than that w/c he holds, its NO$ a case of incompatibility B?$ le!/constil prohi 0Wandueta v# ela +osta >E1 o if apptment to latter ofc is void :cause of dis*ualn/ineli!ibility, appointee O&-N$ forfeit his ori! ofc o law/consti may allow holdin! of another ofc resultin! in forfeiture of /st ofc When of e# 'n o(pat'")e .+ ea other o incompatibilitys to be found in the char of the ofces and their reln to ea other, in subordination of / to the other, and in nature of fxns and duties w/c attach to them o exists" /# $heres conflict in such duties and fxns, so that perf of duties of / interferes w/ perf of duties of other, as to render it improper fr consid of pub policy for / person to retain both 5# /s subordinate to other and is sub) in some de! to its supervisory power for in such sit where both positions are held by same person, desi!n / that / acts as a chec. on the other would be frustrated ># +onsti/law, for pub policy, declares incompatibility &H&N thou!h theres NO inconsistency in nature and fxns of ofces incompatibility of ofces/positions re*uires involvement of 5 !ovt ofces/positions w/c are held by / indiv E# to R on ho)$'ng 'n o(pat'")e of e# o &s to R that acceptance of a 5nd ofcincomptaible w/ the /st vacates the latter o /# 2here ofcer +AN$ vacate /st by his own act, upon prin that hell
24 -/8, R/=, Omnibus Rs of +-+" Penalty of forceed resi! carry dis*ualn for employment in !ovt serv for at least / yr# B?$ it may/may NO$ contain condis relative to forfeiture of leave credits and retirement benes, and dis*ualns re reemployent in a spec class of pos#

NO$ be permitted to, $6?-, do indirectly what he +O?' N$ do directly, as where the law re*uires approval of provl board before muni off can resi!n 5# 2here the /st ofc is held under a diff !ovtfr that w/c conferred the 5nd ># 2here the ofcers expressly authori4ed by law to accept another ofc =# 2here the 5nd ofc is temp

B* a"an$on(ent of of o pub ofc may become vacant ipso facto by nonDuser/ac*uiescence o $6?-, abandonment of ofc may be indicated by axn of incumbent in voluntarily surrenderin! it to another under mista.en belief that the latters been elected as his rtful successor/by ac*uiescin! in his own removal o A stat may also declare that F&R& filin! of a +O+ for a 5 nd ofc by the 6 of / operates as abandonment o ,t may also result fr intentional and completed relin*uishment of any claim to the ofc o 2hen an ofc is /ce abandoned, the fmr incumbent +AN$ le!ally repossess it &H&N by forcible reoccupancy Mng of a"an$on(ent o Feans voluntary relin*uishment of an ofc by the 6 of all rt, title/claim thereto w/ the intention of NO$ reclaimin! it/terminatin! his possession and cont thereof o ,n ascertainin! it, whether elec, prop/crim lit, intentions the / st and paramount ob) of in*uiry for there can be none w/o intent to abandon When thereI# a"an$on(ent of of o Pub ofc ,-N$ deemed prop B?$ li.e any other rt/prop it may be abandoned o 1) 'lear intention to abandon ofc.D to consti abandonment, it must be tot and absolute, an dmust be under such circs as clearly to indicate an absolute relin*uishment o L, ofcer should manifest a clear intention to voluntarily abandon the ofc and its duties, and such may be inferred fr conduct o if the acts and statements are such as clearly indicate absolute relin*uishment, a vacancys created w/o necessity of )ud detn o there are 5 essential elems of abandonment" /# ,ntention to abandon and 5# Overt/external act by w/c the intentions carried into effect 0_+anoni4ado v# A!uirre 8/1 o 2) Acceptance of another ofc.Dabandonment of an ofc by reason of acceptance of another to be effective and bindin!, should sprin! fr and be accompanied by delib and freedom of choice, to .eep the old ofc/renounce it for another 07or!e v# Fayor ;=1 o circs surroundin! acceptance of a temp apptment may show lac. of intention to abandon a perma pos o -) 'oncurrence of overt acts and intention.Dtemp absence ,-N$ suff o abandonment of ofc ,-N$ wholly a matter of intention o there must be concurrenc of intention, actual/imputed 0-antia!o v#

106

A!ustin 5=1, to abandon and some overt acts fr w/c it may be inferred that the pub ofcers concerned has NO more int o abandonment of pos is a matter of intention and +AN$ be li!htl inferred/le!ally presumed fr certain e*uivocal acts 0Ppls -ecu v# N'R+ @>1 o intentions sub)ective 3 A of fact 5) 7ailure to discharge duties of ofc, or claim to resume it.D refers to nonD user/ne!lect to use rt/priv/exer ofc 0_+anoni4ado v# A!uirre1 o normal condis" failure to dischar!e duties of an ofc over any parti pd of time/claim/resue it after a pd in w/c perf of its fxns became impossible, constis an abandonment/vol relin*uishment of the ofc o B?$ the prins normally !overnin! abandonment of ofc -6O?' N$ be too strictly applied to cases occurrin! durin! war, esp in areas occupied partly/entirely by the enemy 0-antia!o v# A!ustin1 o $6?-, where a pub ofcer was deprived of part of his territ 7 under war exi!encies, and for the time bein!, ac*uiesced in the chan!e, he , N$ abandon/lose his rts NO$2-$AN ,NC apptment of others to fill his pos 0Abaya v# Alvear =E1 o Nonperf of duties of ofc doesnt consti abandonment where such results fr temp disabil/involuntary failure to perf 0_+anoni4ado v# A!uirre1 <) Ac3uiescence by the ofcer.D Abandonment may also result fr ac*uiescence by ofcer in his wron!ful removal/dischar!e, ex#, after summary removal, an unreasonable delay by an ofcer ille!ally removed in ta.in! steps to vindicate his rts may consti an abandonment of ofc o B?$ where, while desirin! and intendin! to hold ofc, and w/ NO willful desire/intention to abandon it, pub ofcer vacates it in deference to re*ts of stat afterwards declared unconstil, surrender 2ON$ be deemed abandonment and ofcer may recover ofc

an abandonment of his claim for reinstatement to NAPO'+OF Held!

Canon'Aa$o -2 Ag!'rre 588/ "et, after accepting another pos,sought reinstatement to his fmr pos fr #$c he #as removed under a prov of la# #$c #as subse3uently declared violative of his constil rt to secu of tenure. 7acts! o Pet + was / of the +omms of Natl Pol +om -E, RA E<</ w/c amended RA ;@9<, Phil Natl Pol" ?pon the effectivity of this Act, the terms of office of the current +ommissioners are deemed expired which shall constitute a bar to their reappointment or an extension of their terms in the +ommission except for current +ommissioners who have served less than two 051 years of their terms of office who may be appointed by the President for a maximum term of two 051 years# o + was compelled to leave his pos as +omm by reason of -E and accept his apptmnt to pos of ,nspector Cen of ,nternal Affairs -erv 0,A-1 of PNP o -E was declared to be violative of pets constil rt to secu of tenure o -+ ordered their reinstatement and payment of full B2s to be computed fr the date they were removed fr ofc o ,n their FBR, resps" + must be deemed to have abandoned his claim for reinstatement to NAPO'+OF since the ofces of NAPO'+OF +omm and ,nspector Cen of ,A- are incompatible 8ssue! o 2ON +s apptment to and acceptance of pos of ,nspector Cen should result in

1) ' had %/ #illful desire$intention to abandon his off duties.00 In our decision of 5< 7anuary 5888, we struc. down the above*uoted provision for bein! violative of petitioners constitutionally !uaranteed ri!ht to security of tenure# $hus, +anoni4ado harbored no willful desire or intention to abandon his official duties# ,n fact, +anoni4ado, to!ether with petitioners &d!ar ula $orres and Ro!elio A# Pure4a, lost no time disputin! what they perceived to be an ille!al removalK a few wee.s after RA E<</ too. effect on ; Farch /@@E, petitioners instituted the current action on /< April /@@E, assailin! the constitutionality of certain provisions of said law# $he removal of petitioners from their positions by virtue of a constitutionally infirm act necessarily ne!ates a findin! of voluntary relin*uishment# 1#phi1.nt 2) Chen 2 ofces incompatible. DD ,t is a well settled rule that he who, while occupyin! one office, accepts another incompatible with the first, ipso facto vacates the first office and his title is thereby terminated without any other act or proceedin!# /< Public policy considerations dictate a!ainst allowin! the same individual to perform inconsistent and incompatible duties# /; $he incompatibility contemplated is not the mere physical impossibility of one persons performin! the duties of the two offices due to a lac. of time or the inability to be in two places at the same moment, but that which proceeds from the nature and relations of the two positions to each other as to !ive rise to contrariety and anta!onism should one person attempt to faithfully and impartially dischar!e the duties of one toward the incumbent of the other# /9 -) Chen + on incompatibility %/6 applicable.DD $here is no *uestion that the positions of NAPO'+OF +ommissioner and ,nspector Ceneral of the ,A- are incompatible with each other# As pointed out by respondents, RA E<</ prohibits any personnel of the ,A- from sittin! in a committee char!ed with the tas. of deliberatin! on the appointment, promotion, or assi!nment of any PNP personnel, /E whereas the NAPO'+OF has the power of control and supervision over the PNP# /@ 6owever, the rule on incompatibility of duties will not apply to the case at bar because at no point did +anoni4ado dischar!e the functions of the two offices simultaneously# +anoni4ado was forced out of his first office by the enactment of section E of RA E<</# $hus, when +anoni4ado was appointed as ,nspector Ceneral on >8 7une /@@E, he had ceased to dischar!e his official functions as NAPO'+OF +ommissioner# the incompatibility of duties rule never had a chance to come into play for petitioner never occupied the two positions, of +ommissioner and ,nspector Ceneral, nor dischar!ed their respective functions, concurrently# 5) 6an v. 9imene@ /@;8 case.00 At this )uncture, two cases should be mentioned for their factual circumstances almost nearly coincide with that of petitioners# $he first is $an v# Cimene4 5/ wherein petitioner Brancisco $an, a public school teacher, was re*uired to resi!n by the +ommissioner of +ivil -ervice for !ross misconduct# $an appealed to the +ivil -ervice Board of Appeals, which reversed the decision of the +ommissioner and ac*uitted him of the char!e# urin! the pendency of $an s appeal, he wor.ed as a cler. in the Office of the Provincial $reasurer of 'eyte# $he +ourt held that acceptin! this second position did not constitute abandonment of his former position because % o ThUe was ordered to resi!n from the service with pre)udice to reinstatement pursuant to the decision of the +ommissioner of +ivil

107

-ervice and by virtue thereof was prevented from exercisin! the functions of his position and receivin! the correspondin! compensation therefor# 2hile thus deprived of his office and emoluments thereunto appertainin! the petitioner had to find means to support himself and his family# $he fact that durin! the time his appeal was pendin! and was thus deprived of his office and salary, he sou!ht and found employment in another branch of the !overnment does not constitute abandonment of his former position# $o deny him the ri!ht to collect his bac. salaries durin! such period would be tantamount to punishin! him after his exoneration from the char!e which caused his dismissal from the service# x x x <) 9on@ales v. Hernande@ 1E)1 case.00 Hery similar to $an is the case of Con4ales v# 6ernande4# 55 ,n this /@;/ case, petitioner Cuillermo Con4ales sou!ht reinstatement to his former position as attorneyD!eneral of the ,nvesti!ation and -ecret -ervice ivision of the epartment of Binance# As in $an, Con4ales was compelled to resi!n from office by the +ommissioner of +ivil -ervice, who found him !uilty of disreputable conduct# urin! the pendency of his appeal with the +ivil -ervice Board of Appeals, petitioner applied for and accepted employment as an emer!ency helper in the Covernment -ervice ,nsurance -ystem# $he Board of Appeals eventually modified the +ommissioners findin! by lowerin! the penalty from removal from office to suspension of two months without pay# ,n response to the *uestion of whether Con4ales was deemed to have abandoned his position by acceptin! another position in the C-,-, the +ourt held that o Plaintiffs position in the C-,- was temporary in nature, durin! the period of an emer!ency only# 6e had the ri!ht to live durin! the pendency of his appeal and naturally the ri!ht to accept any form of employment# ,n any case as the court below found, this temporary employment is not incompatible with his old positionK he could resi!n this temporary position any time as soon as his case has been definitely decided in his favor# x x x o Althou!h the +ourt found that the second position accepted by Con4ales was only temporary in nature, the rule on incompatibility of duties ma.es no such distinction between a permanent or temporary second office# Foreover, the +ourt still invo.ed the rationale previously cited in $an D that petitioner s ri!ht to live )ustified his acceptance of other employment durin! the pendency of his appeal# $he +ourt held that Con4ales s second position was not incompatible with the first since he could resi!n from the second position when the case is finally decided in his favor and before he reDassumes his previous office# )) ' #as compelled to leave his pos as 'omm.00 As in the $an and Con4ales cases, +anoni4ado was compelled to leave his position as +ommissioner, not by an erroneous decision, but by an unconstitutional provision of law# +anoni4ado, li.e the petitioners in the above mentioned cases, held a second office durin! the period that his appeal was pendin!# As stated in the +omment filed by petitioners, +anoni4ado was impelled to accept this subse*uent position by a desire to continue servin! the country, in whatever capacity# 5> -urely, this selfless and noble aspiration deserves to be placed on at least e*ual footin! with the worthy !oal of providin! for oneself and ones family, either of which are sufficient to )ustify +anoni4ado s acceptance of the position of ,nspector Ceneral# A contrary rulin! would

deprive petitioner of his ri!ht to live, which contemplates not only a ri!ht to earn a livin!, as held in previous cases, but also a ri!ht to lead a useful and productive life# Burthermore, prohibitin! +anoni4ado from acceptin! a second position durin! the pendency of his petition would be to un)ustly compel him to bear the conse*uences of an unconstitutional act which under no circumstance can be attributed to him# 6owever, before +anoni4ado can reD assume his post as +ommissioner, he should first resi!n as ,nspector Ceneral of the ,A-DPNP# A"an$on(ent an$ re#'g $'#t'ng!'#he$ o Resi! and abandonment are incompatible and contradictory o / +AN$ assert that /s ees resi!ned fr his )ob and then claim he abandoned it o N&H&R$6&'&--, abandonment may be considered as a specie of resi! o Both are voluntary acts o Resi! % formal relin*uishment NO$ a re* to abandonment o Abandonment % relin*uishment thru nonDuserne!lect to use a priv/rt/exer an easement/ofc ,mplies nonDuser but nonDuser O&N-$ of itself, consti abandonment Bailure to operf duties pertainin! to ofc F?-$ be w/ active/imputed intention on the part of the ofcer to relin*uish the ofc 0 efensorD-antia!o v# Ramos1 o +oncomitant effect of resi! and abandonments that the fmr 6 of an ofc can NO lon!er le!ally repossess/claim it In#tan e# of a"an$on(ent o /1 +onduct of a )ust of the peace 0now muni, metro/muni circuit $+ )ud!e1 in refusin! to !o bac. to his old pos, and his subse*uent acceptance of other employments w/o pretense that he simultaneously contid to perf fxns of his ofc showed delib abandonment of ofc 0Bloresca v# Auetulio =E1 o 51 a )ust of the peace who, fr Oct 5@, =; to 7an 5= =E, wor.ed in -urplus Prop +omm as s.illed laborer and cler.Dtypist and on Beb /5 =9, cashed in his C-,- Policies, F?-$ be considered as havin! abandoned his ofc as )ust of the peace 0Ar!os v# Heloso =@1 o >1 where a )ust of the peace left his ofc by a mista.en order of the R$+ )ud!e and O&-N$ ta.e the nec steps to recover it for >yrs, B?$ presents himself as a candidate for muni pres in the meantime, *uo warranto to declare the occu by another as null and ille! F?-$ be denied, as the fmr occupant must be deemed to have abandoned the ofc 0Orti4 v# e Cu4man1 o =1 where a cadastral )ud!e accepted an ad interim apptment as )ud!eDatD lar!e, t. his oath of ofc, performed the powers and duties, and w/drew the salary as such, he abandoned his fmr pos as cadastral )ud!e, and the re)ection by +OA of his new apptment , N$ !ive him the rt to reoccupy his fmr pos 0-ummer v# O4aeta =E1 o <1 where pet who was removed fr ofc as actin! chief of pol w/o any lawful cause accepted another pos in !ovt serv 0A!apuyan v# 'edesma <91 o ;1 where a pub ofcer accepts and en)oys his retirement benes 0'ope4 v# Natl F.tin! +orp <91 o 91 where a pub ofcer for S<yrs , N$ ta.e any step to contest the le!ality of his removal 0Fadrid v# Auditor Cen1

108

E1 where the duly appointed +ity $reas of Butuan who was detailed for assi!nment in OB , N$ ob) to the desi! of another as actin! +ity $reas and when the latter t. oath of ofc, for his desi! in the OB created a vacancy in the ofc of +ity $reas of Butuan w/c could be fileld permanently/temporarily by Pres under law 0+alo v# Fa!no ;>1 @1 contid and absolute refusal/ne!lect to *ualify and enter upon dischar!e of duties F?-$ operate, so far as the delin*uent is concerned, in vacatin! his title to ofc /81 where ofce refuses/ne!lects to exer the fxns of the ofc for so lon! a pd as to reasonably warrant the presum that he O&-N$ desire/intend to perf the duties of the ofc at all, hell be held to have abandoned it, NO$ only when his refusal to perf was willful B?$ also where while he intended to vacate the ofc, it was :cause he, in CB, mista.enly supposed he had NO rt to hold it //1 where a pub ofcer holdin! an ofc under the !ovt, rebels v# that !ovt and see.s/aids its overthrow, hell be deemed to have forfeited and vacated his ofc, and NO )ud detns nec to det the fact of forfeiture /51 where a pub ofcers been absent w/o leave for several mos and such absence was unexplained and unauthori4ed 0$adeo v# a*ui4 @>1

o o

A t# NOT on#t't!t'ng a"an$on(ent o /1 mere fact that a )ust of the peace as.ed the !ovt to act upon his appli for retirement 0Abaya v# Alvear1 o 51 acceptance by councilor of pos of actin! mayor esp since before *ualifyin! for pos he indicated to Funi Baord his intention to occupy the new ofc temporarily and return to his fmr pos 0-antia!o v# A!ustin1 o >1 where midni!ht apptments were declared cancelled by the new Pres in belief they were void and of no effect, latter should be stopped fr assertin! such apptments :cause it had the same effect" abandonment by the midni!ht appointees of their old positions o to those who *ualified for new positions, there could be NO abandonment of their old :cause new 2&R&N$ effectively ac*uired o =1 acceptance by HF of pos of eputy Assessor where under the law 0RA+ 5/9<, E1, a person rcvin! comp fr provl/natl funds +AN$ be appointed to a muni ofc and a muni ofcer +AN$ resi!n his pos w/o approval of Provl Board 0,n re $orres =E1 o <1 perf by )ust of the peace of his duties durin! 7ap Occu by virtue of apptment by +hairman of +omm , N$ consti abandonment of ofc he held uner +ommonwealth Covt :cause !ovt estabd in the Phils durin! the 7ap Occu 2A-N$ a forei!n !ovt B?$ a !ovt estabd by the mil occupants as an a!ency, to preserve order durin! occu 0$avora v# ovina =91 o ;1 acceptance durin! 7ap occu by prewar 7ust of the peace of muni of ' of pos of 7ust of the Peace of Funi fo B and later , occupyin! them successively, where positions were accepted by him under abnormal condis due to last war, were temp in nature and intended as a F&R& temp expedient 0teves v# -indion! =E1 o 91 acceptance of another ofc in !ovt pendin! appeal of his case by ee who was ordered to resi!n fr serv w/ pre)udice to reinstatement but was subse*uently exonerated for he had to find means to support himself and his fam 0$an v# Cimene4 ;81 o E1 subse*uent acceptance by duly appointed and confirmed +ity Fayor of temp apptment as technical adviser to Pres 0Rodri!ue4 v# el Rosario <>1 o @1 after exoneration of +hief of Pol fr / st admin char!e, muni mayor wanted to

sub) him a!ain to an investi! of a 5 nd char!e, to the 7 of w/c, he , N$ want to be sub)ected any lon!er havin! !ot bored and A'$6O?C6 he , N$ as. for reinstatement despite fact that +-+ +omm ordered it, this atti O&-N$ necessarily imply he abandoned his rt to bac.pay he was claimin! and his pos as +hief of Pol o abandonment must be $O$, and under such circs as clearly to indicate absolute relin*uishment /81 failure to perf for <mos duties of Cov there bein! approved re*uest he be considered on leave of absence while his resi! was pendin! consid by Pres 0Punsalan v# Fendo4a E<1 //1 mere delay in *ualifyin! for ofc esp where its occasioned NO$ by fault o fofcer B?$ pub auths /51 anxiety and fear of losin! )ob after S59 continuous yrs of serv, experienced by ee durin! the time of reor!n of his ofc, w/c compelled him to accept a pos w/c 2A-N$ )ust lower B?$ of a coterminous status, such that his appli for and acceptance of lower pos, under the circs, was the practical and resp thin! to do, +AN$ be construed v# him as to foreclose his rt to A the le!ality of his termination and claim pos he held previous to reor!n o ee has rt to live durin! pendency of his case and natlally rt to accept any form of employment 0-alvador v# +A 881 />1 acceptance of 5nd pos after ofcer was compelled to leave his fmr pos under prov of law w/c was subse*uently declared unconstil

B* pre# of rt to of o person who claims rt to pub ofc occupied by another may brin! an axn to det by what auth latter assumes to hold and exer and ascertain whos entitled to it o 1) "resc pd for filing pet for 3uo #arranto.DRO+" proceedin! by *uo warranto proper and appropriate remedy v# pub ofcer/ee for ouster fr ofc w/c should be commenced w/in /yr after cause of ouster/rt of P to hold such ofc/pos arose 0R;;, -/<, /;1 o e4. fr removal/sepn o O$6&R2,-&" axn will be barred o Pet for *uo warranto" pet F?-$ prove hes entitled to pos w/c he alle!es resp usurps/unlawfully holds 0Adante v# a!pen <<1 o 2) +ationale for 1yr pd.Dtitle to pub ofc -6O?' N$ be sub)ected to uncertainties B?$ should be detd as speedily as possible o +ON-&A?&N$'(, pd runs &H&n when theres NO person as yet appointed to succeed in the pos 0Bautista v# Ba)ardo /E1 and &H&N durin! pendency of FBR in admin lev 0$orres v# Auintos <<1 o -) %on0appli of presc pd.D&xceptional circs attendin!, 6O2&H&R, may )ustify nonappli of presc pd to !rant relief thatll serve the ends of )ust o failure to file *uo warranto proceedin!s O&-N$ operate adversely v# a dismissed !ovt ee where it was the repeated assurances of resp !ovt offs w/c contributed to delay on filin! of complaint for reinstatement D2 A t# of /o-t+Pp) B* re(o-a) o ofces may become vacant by removal/dismissal of incumbent fr serv o may occur under a variety of circs

109

o may be arbit/for cause ofcer removed may have derived powers fr elec by ppl/apptment by exec/head of ofc o removal may have been after notice and hearin!, or w/o o dismissal fr serv in admin proceedin! is e*uiv of penalty of absolute perpetual dis*ualn fr ofc in crim case 0Buenavista 7r v# Carcia @81

o o

Mng of re(o-a) o entails ouster of incumbent before expiration of term o implies ofc exists after ouster o another term" dismissal What on#t'# re(o-a) o may be expressed/implied o expressly made" NO A can arise either as to purpose/effect o implied/constructive removal % FOR& rm for doubt o 1) Apptment of another ofcer.DFO-$ fre*uest A" effect of 5 nd apptment where incumbent under /st 6A-N$ been expressly removed o CR" where an ofcer may be removed by a superior ofcer at the latters pleas, act of removals accomplished F&R&'( by apptment of another ofce rin his place, so far as the ofcer himselfs concerned B?$ to render the removal effective in all cases, incumbent F?-$ be notified o 2) 6ranasfer to another ofc.Dtransfer of ofcer/ee w/o consent fr / ofc to anothers e*uiv to ille! removal/sepn fr /st ofc 0'acson v# Romero =@1 o unconsented transfer if allowed, would permit circumvention of constil prohi v# removal/suspension of those in +iv -erv & for cause o while temp transfer/assi!nment of personnels permissible &H&N w/o ees prior consent, +AN$ be done when transfers a prelim step toward his removal/is a scheme to lure him away fr his perma pos/desi!ned to indirectly terminate his serv/force his resi! 0Bentain v# +A @51 o transfer, whether it results in promo/demo, advancement/reduction in salary, +AN$ be done w/o ofcers ees consent consti removal fr ofc o transfer re*uires prior apptmnt and acceptance indispensable to complete apptment o NO perma transfer ?N'&-- ofcer/ees /st removed fr pos held and appted to another o B?$ R that outlaws unconsented transfers as anathema to secu of tenure applies ON'( to an ofcer whos apptedRNO$ merely assi!ned to a parti station o O&-N$ prescribe a transfer carried out under a spec stat that empowers head of an a!ency to pdically reassi!n ees and ofcers to improve serv of a!ency 0+uevas v# Bacal 881 -+ allowed reassi!nment of personnel but NO$ appted to spec station/parti unit/a!ency# R proscribes transfer w/o consent of ofcer appntedR NO$ merely assi!nedRto a parti station o -) &emotion.Dto a lower pos w/ lower rate of comp e*uiv of removal if NO cause shown for it 0Bloresca v# On!pin @81 when its NO$ a part of any disciplinary axn o defn! movt fr / pos to another involvin! ,ance of apptment w/ diminution

induties, resps, status, ran. w/c may/not involve reduction in salary 0Bernando v# sto $omas @=1 diminution in any of these cats suff to consti demotion 3 tantamount to virtual dismissal 0Padolina v#Bernande4 881 5) +eassignment.Din CB and in int of the serv 3 permissible and valid even w/ ees prior consent o defn" movt ofan ee fr or!n unit to another in dept/a!ency w/c &O-N$ involve reduction in ran., status/salary and O&-N$ re*uire ,ance of apptment o demo % involves ,ance of appment apptments may be allowed to positions w/o specification of parti ofc/station o ex# apptments to staff of +-+ AR&N$ apptments to specified pub ofc B?$ apptments to parti positions/ran.s o person may be appointed to pos of ir ,,,/,H or Atty ,H/H, or Recs Ofcer ,, ,,, etc Admin +ode of E9 0-5;0911 reco!ni4es assi!nment as mn!t prero vested in +omm and in any dept/a!ency of !ovt in civ serv 0Bernande4 v# -to $omas @<1 o B?$ transfer/reassi!nment w/ NO def pd/duration and results in reduction in ran., salary/status 3 constructive removal o $antamount to floatin! assi!nment that results in diminution in ran. o 6eld" reassi!nment w/ removes fr a pub ofcers power of super over =/ ees who are part of her staff and subordinates results in diminution of status and if reassi!nments temp, -$,'' o Reassi!nment to various ofces lastin! /8y -6O?' be considered S merely temp 3 removal w/o cause

Leg'# reg!)at'on of re(o-a) o +on!, in vestin! apptment of ofcers of lower ran. in Pres alone/heads of depts# 0Cloria v# +A 881, may limitand restrict power of removal as it deems best for pub int o Ordinarily" where ofc is created by stat, its 26O''( w/in power of +on! and its le!is power extends to re!ulatin! removals fr ofc o 2here +onsti prescribes meth of removal and causes for w/c pub ofcers may be removed 3 meth and !rounds estabd by it are exclusive and its B&(ON power of +on! to remove incumbents in any other manner/cause o ,N-$&A of attemptin! to curtail powers of +on!, +Onsti has by dir terms conferred on it !en auth over whole sub) for removal of pub ofcers, & those liable to impeachment A$('n )'a" 'n !rre$ 'n a pre-'o!# ter( "* e)e t'-e off o ReDelec of pub off extin!uishes ON'( the admin B?$ NO$ crim/civ liab incurred by him durin! his previous term of ofc o 2hile a reelected off may NO lon!er be held administratively liable for misconduct committed before his reelec, this 2ON$ pre)udice filin! o fany case other than admin case v# him o R that a pub off +AN$ be removed for admin misconduct committed durin! a prior term, since his reelec to ofc operates as condonation of ofcers previous misconduct o R that when pp have elected a man to his ofc it F?-$be assumed they did this w/ .nowled!e of his life and char and they

110

disre!arded/for!ave his faults/misconduct if hed been !uilty of any, refers ON'( to an axn for removal fr ofcand O&-N$ apply to a crim case :cause a crimes a pub wron! FOR& atrocious in char than F&R& misfeasance/malfeasance committed by a pub ofcer in the dischar!e of his duties, and is in)urious NO$ only to a person/!rp B?$ to the state as a whole o Reason why AE@, RP+, w/c enumerates !rounds for extinction of crim liab O&-N$ include reelec to ofc as / of them, at least insofar as pub ofcers concerned o +onsti" ON'( Pres who may !rant pardon of crim offense +rim case involves char of a pub ofcer as priv cit, Pp of the Phils as a comms p to the case and admin case involves ON'( his actuations as a pub ofcer as they effect the pub/populace w/c he serves 0+onducto v# Fon4on E91

o o

cause/for cause !enerally A1 where cause/s is specified, it amts to a prohit to a removal for a diff cause NO$ affectin! fxns of ofc B1 where NO parti cause is specified, it must rest in discretion of exec, sub) to rt of cts to examine its existence, to det what cause shall be suff ,n any case, power of removal +AN$ be exerd w/o notice and hearin! where ofcer/ee en)oys secu of tenure

Re(o-a) a# an 'n '$ent of rt of appt(ent o Power to appoints deemed lod!ed in same body/person in w/c power to appoints vested 0Ambas v# Buenaseda @/1 o 1) Chere term of ofc %/6 fi4ed by la#.D where term/tenure of pub ofcer NO$ fixed b y law, and removals NO$ !overned b y constil/stat prov, CR" power of removals incident to power to appoint o power to dismiss O&-N$ !enerally lie w/ other than appointin! ofcer, thou!h a person holdin! lawfully dele!ated auth may properly be empowered to appoint and dismiss o NO removal involved B?$ extin!uishment of rt of ofcer to hold ofc by expiration of term o -) Chere term of ofc fi4ed by la#.D implied power of summary removals NO$ incident to power of apptment where extent of term of ofc is fixed by stat o in absence of prov for summary removal, indiv appointed to a post for a fixed term may be removed PR,OR to terms expiration ON'( for cause o fixity of term that destroys power of removal at pleas o true A'$6O?C6 apptment of an indivs classifiedas temp 0Ambas v# Buenaseda1 o -) Chere holding of a pos at pleas of appointing po#er$subj to some supervening event.Dif stat doesnt desi!nate term of ofc, appointee will hold ON'( durin! pleas of appointin! power and may be removed at pleas at any time 2O notice/hearin! o stat may provide that certain ofcers will, w/in tenure prescribed, be removable at pleas o such prov authori4in! removal of appointed ofcers at will of appointin! powers valid in absence of any constil inhibition v# it o decisions have made it clear that where a person holds his pos at the pleas of a superior/sub) to some supervenin! event, his sepn fr ofc ,-N$ removal o effected by will of superior/happenin! of contin!ency, resultin! in another and diff mode of terminatin! off relns .nown as expiration of term 0Pan!ilinan v# Falaya @>1 o 1) absolute when vested in unlimited discretion of removin! ofcer to be exerd at such time and for such reasons as the latter may deem proper and efficient o 2) constil when time, manner/reason is placed beyond F&R& discretion of removin! ofcer o $6?-, it may be provided that removals shall ON'( be for a specified

Po.er of re(o-a) of Pre# o +onsti contains NO prov expressly vestin! in Pres power to remove exec offs fr their posts o N&H&R$6&'&--, powers possessed by him, as its implied fr any of the ff" /# Br his power to appoint 5# Br the nature of the exec power exerd by the Pres, the power to remove bein! exec in nature 0A9, -/1 ># Br Press duty to execute laws 0A9, -/, <1 =# Br Press cont of all depts#, bureaus and ofces 0A9, -/91 <# Br prov that NO ofcer/ee in the +- shall be removed/suspended & for cause provided by law 0A@DB, -50>1 o presl appointee who belon!s to career serv of +- comes under dir disciplinin! auth of Pres o in line w/ prin" power ot removes inherent in power to appoint 0'arin v#&xec -ec @91 o where poweer to appoints vested by law in cts, heads of depts#, etc, +on! may provide those appointed may be removed by them, -?B7 to restrics it deems best to impose for pub int E,tent of Pre#I# po.er of re(o-a) o /1 2R$ nonDcareer ofcers exertin! purely exec fxns whose tenure ,-N$ fixed by law 0ie, mems of +ab1" Pres may remove them w/ or w/o cause and +on! may NO$ restrict such power o 51 ofcers exertin! *uasiDle!is/)ud fxns 0ex# mems of -&+1, they may be removedON'( on !rounds provided by law to prot their independece in dischar!e of their duties o >1 constil ofcers removable ON'( by means of impeachment 0A//, -51, and )ud!es of '+s 0AE, -//1, theyre NO$ sub) to removal power of Pres o =1 civ ofcers" Pres may remove them ON'( for cause as provided by law o <1 any ofcer/ee holdin! temp, provl/actin! apptments" Pres may remove them at his pelas w/ or w/o cause o ;1 ofcers holdin! pub ofces created by law where its provided that they shall hold ofc at the pleas of the Pres, their replacements NO $ aremoval B?$ a mere expiration of terms of ofc 0Alba v# &van!elista <91 o B?$ 2R$ ofcers holdin! pub ofces created by law w/c authori4es Pres to remove ofcersat pleas 0-5<=<, RA+1, Pres may remove them ON'( for cause if they belon! to civ serv in view of +onstil re*t o 91 those whose apptments were made on bases O$6&R than those of usual test of merit and fitness utili4ed for the career serv 0belon! to nonDcareer serv li.e potl/nonDcareer mems of Borei!n -erv1, their tenures coterminous w/

111

that of appointin! auth/sub) to his pleas 0Astra*uillo v# Fan!lapus @81 E1 loc elective offs 0infra1 er# an$ ee# ent't)e$ to #e ! of ten!re tenureD ofcer/ee in +- -6AN$ be suspended/dismissed & for cause A& by law and after P +onsti re*uires apptments in +- shall be made ON'( accd! to merit and fitness and removal/suspension of +- ofcer/ee shall be for cause provided b law 0A@DB, -5, 05, >1 o +onstil and stat !uarantee of secu of tenures extended to those in career and nonDcareer positions 07ocom v# Re!alado @/1 +onsti re*uires that apptments in civ serv shall be made ON'( accd! to merit and fitness and removal/suspension of civ serv ofcer/ee shall be for cause provided by law o Hoid apptment +AN$ !ive rise to secu of tenure on part of 6 of apptment 1) ubstantive aspect.DGfor cause provided b y lawM is a !uarantee of BO$h substantive and procedural P o for reasons w/c law and sound pub policy reco!ni4e as suff !round for removal/suspension/demo andafter P is accorded the ofcer/ee o le! cause, NO$ merely causes w/c apptin! power in exer of discretion may deem suff CR" implies such cause F?-$ relate to and affect fxns/admin of ofc w/c ofcer/ee holds/be connected w/ perf of his off duties 0$ecson v# Romero =@1 and F?-$ be restricted to somethin! of subst nature directly affectin! rts and ints of pub o +ause for w/c ofcer/ee may be removed/suspended F?-$ have some reln to char/fitness of ofcer/ee for dischar!e of fxns of his orc/it may be the expiration of the pro) for w/c employment was extended 07ocom v# Re!alado1 o ismissal ille! where reason !iven for its NO$ actly the case Cuarantee under +onsti" NO$ !uarantee of perpetual employment o -ee.s to prevent capricious exer of power to dismiss o 2here lawma.in! auth furnishes !round for transfer of a class of ees 0ex# -==, RA E/E@" elec ofcer whos served at least =yrs in parti city/muni1, NO capriciousness can be raised so lon! as remedy proposed to cure perceived evils !ermane to purposes of law 0 e Cu4man 7r v# +omelec 881 2) "rocedural aspect.DCuarantee of procedural P re*uires notice and opp to be heard before suspended/dismissed o ?nder law, NO complaint v# a +- ofcer/ee shall be !iven due course ?N'&-- in writin! and subscribed and sworn to by complainant 0P E89, -/;c1 Ofcer/ee F?-$ be informed of char!es prepared v# him, and normal way by w/c hes so informeds by furnishin! him w/ a copy of the char!es o Ordin way by w/c +- ofcer/ees !iven opp to pres his side" holdin! investi! in course of w/c he may assert defs and pres supportin! evid o 5 min rts" NO$ ON'( indispensable re*ts of procedural P FO-$ directly involved on 2ON investi of char!es is essential 0C-,- v# +A @/1 o

C'- #er- of o secu of PROH, o

NO$ duty of resp in admin proceedin! to disprove what complainant failed to prove Receipt of sepn benes by ofcer/ee whos been unlawfully removed O&-N$ preclude/estop him fr assailin! termination of his servs nad as.in! for reinstatement o N&,$6&R does prin of estoppel for an ee fr returnin! to his fmr pos where said ee reluctantly accepted the 5 nd ofc 0?r!elio v# Osmena 7r ;=1 o

/!arantee e,ten$# to BOTh tho#e 'n areer an$ NON> areer po#'t'on# o NonDcareer % desi!nated :cause nature of wor. and *ualns NO$ sub) to classn li.e career serv o ,n!les v# Futuc" all perma ofcers and ees in +-, re!ardless of status, career/non, are entitled to the constil and stat !uarantee of secu of tenure o 7ocom v# Re!alado" ofcer/ee in nonDcareer protectedfr removal/suspension w/o )ust cause and nonDobservance of procedural P o Protn by +onsti applies to city en!r 0 elos -antos v# Fallare1 o $o -p Asst of +B Cov in char!e of &xport ept, hi!hly technical pos 0+orpus v#+uaderno 7r1 o ir for -ecu of Bureau of +ustoms 06ernande4 v# Hille!as1 o +onstil prov constis positions 0policyDdetin!, primaril confi and hi!hly technical1 as &s to R re*uirin! apptments in +- to be made based on merit and fitness detd by competitive exams o NO$ exemptfr prin that NO ofcer/ee in +- shall be suspended/removed & for cause as provided by law 0NO &1 o B?$ incumbent of primarily confid pos holds ofc at pleas of appointin! poweer o Pleas turns into displeas 3 incumbent NO$ removed/dismissed fr ofc B?$ term expires o ,n!les v# Futuc" NO$ removable at pleas of power ?N&-- cause of resps loss of confid /ro!n$# for re(o-a)+#!#pen#'on !n$er Con#t' o 1) Mems of 'ong % A;, -/;0>1" ea house may punish mems for disorderly beh and, w/ concurrence of 5/> all mems, suspend/expel a mem o penalty of suspension NO$ exceed ;8d o 2) "res, >", Mems of ', Mems of 'on'oms and /mbudsman.D A@, -5" may be removed fr ofc on impeachment for, and conviction of, o culpable violn of +onsti, o treason, o bribery, o !raft and cocruption, other hi!h crimes/ o betrayal of pub trust o -) Mems of jud.DAE, -//" hold ofc durin! !ood beh :til reach 98y/become incapacitated to dischar!e duties of ofc o -+" NO$ committed offenses !rounds for impeachment o '+" detn of -+ as to 2ON theres been deviation fr re*t of !ood beh conclusive 3 it alone has power to order dismissal o +abanero v# +anon" cessation fr ofc of )ud!e due to death O&-N$ per se warrant dismissal of admin complaint filed v# him while in serv o $o )ustify drastic disciplinary axn" law re*uires error/mista.e

112

!ross/patent, malicious, delib/in BB Bor F&R& i!norance of law" fine of P5. w/ warnin! repetition dealt w/ more severely o F&R& suspicion )ud!e is biased in a case 2ON$ suffice 5) 'iv serv ofcers$ees.DNO$ removed/suspended & for cause provided by law 0A@DB, -5051 o apptments, assi!nments, reassi!nments, transfer in +areer &xec serv based on ran. o secu of tenure ac*uired 2R$ ran. and NO$ pos o !uarantee of secu of tenure O&-N$ extend to parti pos to w/c appointed 0applicable to /st and 5nd lev ees in +-1 B?$ to ran. to w/c appointed by Pres o w/in +&-" personnel can be shifted fr / ofc/pos to another w/o violn of rt to secu of tenure :cause status and salaries based on ran.s and NO$ )obs 0+uevas v# Bacal1 +&- ofcer may be transferred/reassi!ned fr / pos to another w/o losin! ran. w/c ffs him wherever transferred o +&-O suffers NO diminution in salary &H&N if assi!ned to +&- pos w/ lower salary !rade as hes compensated accd! to +&- ran., NO$ pos/ofc 0Cen v# Roco1 o

/ro!n$# for $'# 'p)'nar* a,n !n$er L/C -&+# ;8. 9rounds for &isciplinary Actions # D An elective local official may be disciplined, suspended, or removed from office on any of the followin! !rounds" 0a1 isloyalty to the Republic of the PhilippinesK

0b1 +ulpable violation of the +onstitutionK 0c1 ishonesty, oppression, misconduct in office, !ross ne!li!ence, or dereliction of dutyK 0d1 +ommission of any offense involvin! moral turpitude or an offense punishable by at least prision mayorK 0e1 Abuse of authorityK 0f1 ?nauthori4ed absence for fifteen 0/<1 consecutive wor.in! days, except in the case of members of the san!!unian! panlalawi!an, san!!unian! panlun!sod, san!!unian! bayan, and san!!unian! baran!ayK 0!1 Application for, or ac*uisition of, forei!n citi4enship or residence or the status of an immi!rant of another countryK and 0h1 -uch other !rounds as may be provided in this +ode and other laws# An elective local official may be removed from office on the !rounds enumerated above by order of the proper court# o P E89, ->9b" Pres ,-N$ !iven power to remove elected offs# o 6eads of provs, cities and munis have 7 to investi! and decide matters involvin! disciplinary axn v# ofcers and ees under their 7

Ter('nat'on of te(p appt(ent# o $olentino v# $orres" apptment temp in nature can be terminated at pleas of appointin! power w/o notic and re!ardless of !rounds/reasons o Austria v# Amante" temp appointee has NO tenure of ofc and another person may be appointed in his placeand stead w/o notice to him/any form of hearin! 0Austria v# Amante1 NO removal o Achacoso v# Facarai!" person who O&-N$ have re* *ualns for pos +AN$ be appointed or ON'( as &" may be appointed in an actin! cap in absence of appropriate eli!ibles o Apptment NO$ perma &H&N if desi!nated o Cen v# Roco" law allows apptment of those NO$ +&- eli!ible sub) to ac*uisition of eli!ibility o Bact apptments classified as temp O&-N$ dispense w/ re*t that removal must be for )ust cause where term of apptments for def pd fixed by law, for term prots rt of appointee fr bein! removed fr ofc w/o cause 0Ambas v# Buenaseda1 o GtermM of ofc fixed by law allows appointee to hold ofc, perf fxns and en)oy privs and emoluments :til expiration of pd o incumbent ille!ally removed/suspended" pos N&H&R vacant o NO vacancy to w/c another could be permanently appointed o Occupancy/incumbency to any/ appointed to post is temp and precarious and O&N-$ come w/in constil prohi v# removal/suspension & for cause o Bernande4 v# +uneta" &H&N if tenures perma, -$,'', his bein! made to leave post to !ive way to superior rts of le! incumbent 3 removal for cause ?N',I& A2 where resp incumbents ousted by ct order to !ive way to successful p/pet

/ro!n$# for $'# 'p)'nar* a,n !n$er CS La. o NO ofcer/ee in -+ shall be suspended/dismissed & for cause as provided by law and after P5< o Crounds"5;

o
25

/#

ishonesty59

Prin that when ofcer/ees disciplined, ob) sou!ht ,-N$ punishment of ofcer/ee B?$ improvement of pub serv and preservation of pubs faith and confid in !ovt 0Remolona v# +-+1 26 same !rounds in &O 5@5, b. <, subtitle A, ch ;, s=; % B. <s primary law !overnin! appointive offs and ees in !ovt# +ode enumerates !rounds for disciplinin!" removed/dismissed summarily" /# when char!e is serious and evid of !uilt is stron! 5# resps a recidivist and ># when resps notoriously undesirable technical Rs of proc NO$ strictly appliedK P in admin contxt NO$ fully e*uiated in strict )ud sense 0Carciav# Pa)aro1 27 dishonesty, in order to warrant dismissal, need not be committed in the course of the performance of duty by the person char!ed# $he rationale for the rule is that if a !overnment officer or employee is dishonest or is !uilty of oppression or !rave misconduct, even if said

113

5# Oppression ># Ne!lect of duty5E =# Fisconduct <# is!raceful and immoral conduct ;# Bein! notoriously undesirable 5@ 9# iscourtesy in the course of off duties E# ,nefficiency and incompetence in the perf of off duties 0&liipe v# Babre1 @# Rcvin! for pers use a fee, !ift/other valuable thin! in the course of off duties/in connection therew/ when such fee, !ift/other valuable thin!s !iven by any person in the hope/expectation of rcvin! a favor/better treatment than that accorded other persons/committin! acts punishable under antiD!raft laws /8# +onviction of crime involvin! moral turpitude //#improper/unauthori4ed solicitation of contri fr subordinate ees and by teachers/school offs fr school chil /5# Hioln of existin! +-' and Rs/reasonable ofc re!ns /># Balsification of off docus /=# Bre*uent unauthori4ed absences/tardiness in rptin! for duty, loafin!/fre*uent unauthori4ed absences fr duty durin! re! ofc hrs >8 /<# 6abitual drun.enness /;# Camblin! prohibited by law /9# Refusal to perf off duty/render O$ serv /E# is!raceful, immoral/dishonest conduct prior to enterin! the serv /@# Phys/mental incap/disabil due to immoral/vicious habits 58# Borrowin! money by superior ofcers fr subordinates/lendin! by subordinates to superior ofcers 5/# 'endin! money at usurious rates of int>/ 55# 2ilful failure to pay )ust debts/willful failure to pay taxes due to

o
o o

o
o o o

o o o o

o
o o o o o o

!ovt 5># +ontractin! loans of money/other prop fr persons w/ whom ofc of ee has bus relns o 5=# Pursuit of priv bus, vocation/prof w/o permission re*d by +- Rs and re!ns o 5<# insubordination>5 o 5;# &n!a!in!, directly/indirectly, in partisan potl activities by / holdin! nonDpotl ofc o 59# +onduct pre)udicial to best int of serv 0Re Cener v#&ndona1 o 5E# 'obbyin! for pers int/!ain in le!is halls and ofces w/o auth o 5@# Promotin! sale of tix in behalf of priv enterprises NO$ intended for charitable/pub welfarepurposes and even , flatter cases if theres NO prior authK and o >8# Nepotism & when initiated by disciplinin! auth, NO complain! v# +- off/ee shall be !iven due course ?N'&-- in writin! and subscribed and sworn by complainant o ,n metin! out punishment" same penalties imposed for similar offenses and ON'( / penalty in ea o isciplinary auth may impose removal fr serv, transfer, demo in ran., suspension for NO$ S /y w/o pay, fine in amt NO$ exceedin! ;mos salary/reprimand 0P E89, >8;1 o

o
o

defects of character are not connected with his office, they affect his ri!ht to continue in office# $he Covernment cannot tolerate in its service a dishonest official, even if he performs his duties correctly and well, because by reason of his !overnment position, he is !iven more and ample opportunity to commit acts of dishonesty a!ainst his fellow men, even a!ainst offices and entities of the !overnment other than the office where he is employedK and by reason of his office, he en)oys and possesses a certain influence and power which renders the victims of his !rave misconduct, oppression and dishonesty less disposed and prepared to resist and to counteract his evil acts and actuations# $he private life of an employee cannot be se!re!ated from his public life# ishonesty inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the service#T/=U 0Remolona v# +-+1 28 limit to what can be construed as honest mista.e/oversi!ht due to fati!ue in perf of off duty 0Pimentel v# +omelec1 29 ex# repeated and continuous leave of absence despite recovery fr sic.ness 0Candionco v# -ec of A!ri1 30 +-+ F+ =, @/" ofcer/ee of +- considered habitually absent if incurs unauthori4ed absences exceedin! allowable 5<d monthly leave credits under leave law for at least >mos in a sem/at least > consecutive mos durin! the yrr 0'oyao 7r v#Fanatad1 31 NO lon!er any ceilin! on int rates on loans w/ promul!ation of +B +irc 55= E5# B?$ lendin! money at excessive int may consti unust/improper act w/c, under +onsti, Ombudsman may investi! on its own/on complaint of any person

M'# on$! t 'n of o Rt to counsel ,-N$ imperative in admin investi!ations :cause in*uiries conducted F&R&'( to det O2N facts that merit disciplinary measures v#errin! pub ofcers and ees, w/ purpose of maintainin! di!nity of !ovt serv 0'umi*ued v# &xevea1 o Misconduct of pub ofcer/ee % trans!ression of some estabd and def R of axn more particularly, unlawful beh/!ross ne! by pub ofcer 0Arcenio v# Pa!oro!on1 o improper and wron! conduct and implies wron!ful intent and NO$ mere error of )ud!ment o such as affects perf of duties asofcer and NO$ only as affects char as priv indiv o nec to sep char of man fr ofcer 0'acson v#Ro*ue1 o 1) related to, and connected #$, perf of off duties.D -ari!uimba v# Paso." CR 3 to warrant removal frofc of ofcer/ee 3 misconduct, misfeasance/malfeasance F?-$ have a dir reln to and be connected w/ perf of off duties amtin! to malDadmin/willful, intentional ne!lect and failure to dischar!e duties of ofc o offense deemed committed inr eln to accuseds ofcwhen it +AN$ exist w/o ofc o ofc 3 constitutive elem of crime as defined and punished in +h5D;, $itle 9, RP+ 0crimes committed by pub ofcers1 OR when offense char!ed intimately connected w/ ofc of offender and perpetrated while in perf, $6O?C6 improper/irre!, of off fxns 0-oller v# -andi!an1
32 pub offs and ees re*d to ff ON'( lawful orders of superiors ,ed w/in scope of auth# 7" R of law, NO$ men, !overns# NO26&R& in our laws is blind obedience re*d of )r personnel to commands and directives of superiors 0+allanta v# Ombudsman1

114

Alarilla v# -andi!an" ex# muni mayor aimed !un and threatened to .ill councilor durin! pub hearin! after renderin! privile!ed speech critical of his admin o Fariano v# Roxas" +O+ of +A for!in! si! of complainant on receipts to avoid contractual obli! 3 offense constitutin! conduct pre)udicial to best int of serv, NO$ misconduct NO$ admin offnse w/c has dir reln to and be connected w/ perf of off duty o ishonesty under +-' may NO$ be connected w/ perf of off duties o +rime involvin! moral turpitude" conviction by fin )ud!ment re*d before proceeded v# administratively o 2) 'ommitted during prior term.D R" elected pub off +AN$ be removed for admin misconduct committed durin! prior term since reelec to ofc operates as condonation by ppl of his previous misconduct to extent of cuttin! off rt to remove him o +AN$ extend beyond term durin! w/c misconduct was committed o ,f a pub off ,-N$ removed before his term of ofc expires 3 can NO lon!er be removed if after reelected for another term +ase 3 moot and acad $h" ea terms sep fr others A!uinaldo v# -antos" O&-N$ apply to crim case pendin! v# reelected pub off o O&-N$ apply where decision removin! elective off served before reelec" where it became fin for failure to appeal w/in re! pd and validly removed 0Reyes v# +omelec1 o -) "roved by subst evid.Dadmin case for misconduct" end of suspendin!/removin! pub ofcer/ee 3 *uantum of proof re*d" subst evid 0A!uinaldo v# -antos1 o clear and convincin! proof on rec pub ofcer/ee was motivated by wron!ful intent, committed unlawful beh in reln to ofc/trans!ressed estabd and def R of axn>> 19 Pa)(a, Sr -2 Fort' h E9 Mayor #as administratively charged and preventively suspended based solely on filing - sep crim cases for acts of lasciviousness. 7acts! o P, muni mayor, was char!ed in > sep crim cases for acts of lasciviousness# o By virtue, offended ps re*uested B, Provl Cov, for immediate admin investi! for suspendin! P fr ofc pendin! fin detn of cases o After hearin!, preventive suspension of P !ranted in resoln by resp -P o P filed pet for cert and prohi to prohibit resps fr continuin! w/ hearin! and investi! of admin case filed by Cov v#P and nullify resoln passed by -P o P" acts of lasciviousness althou!h numerous, ON$ fall w/in cat of malfeasance and misfeasance/misconduct in ofc contemplated in -<, RA </E< and +AN$ be basis of filin! of sep admin case v# an elective off and preventive suspension 8ssue! o 2on filin! and pendency of > sep infos for acts of lasciviousness v# elective loc off would consti misconduct in ofc w/in mn! of -<, RA </E< w/c may warrant filin! of admin complaint v# him and/or his suspension fr ofcJ o
33 Falon4o v# Wamora" simply :cayse person in chain of processin! ofcers si!ns/initials vouchers as !oin! the rounds, O&-N$ ff he becomes part of conspiracy in ille! scheme#

Held! 9rounds for suspension of muni ofcers.00 As a !eneral rule, dismissal of an administrative case does not necessarily follow the dismissal of a criminal case, the former re*uirin! as it does, only preponderance of evidence while the latter re*uires proof beyond reasonable doubt# o 6owever, ,n administrative actions a!ainst municipal officers, the -upreme +ourt in Besti)o v# +risolo!o, et al# 0/9 -+RA E;E, E;@ T/@;;U1, classified the !rounds for suspension under two cate!ories, namely" 0/1 those related to the dischar!e of the functions of the officer concerned 0ne!lect of duty, oppression, corruption or other forms of maladministration of office1 and 051 those not so connected with said functions# ?nder the second cate!ory, when the crime involvin! moral turpitude is not lin.ed with the performance of official duties, conviction by final )ud!ment is re*uired as a condition precedent to administrative action# 2) Misconduct defined.00 $he !round for fillin! of the administrative action in the case at bar and the suspension of petitioner Fayor is misconduct alle!edly committed in the form of lascivious acts of the latter# o Fisconduct has been defined as Vsuch as affects his performance of his duties as an officer and not only as affects his character as a private individual# ,n such cases, it has been said at all times, it is necessary to separate the character of the man from the character of the officer#V 0'acson v# Ro*ue, et al#, @5 Phil# =<;1 -) 'onviction by fin judgment as a condi precedent for admin a4n.00 Now, As to whether or not, such misconduct of petitioner affects his performance of his duties as an officer and not only his character as a private individual, has been laid to rest by the rulin! of the -upreme +ourt in an analo!ous case where it was held that while Vit is true that the char!es of rape and concubina!e may involve moral turpitude of which a municipal official may be proceeded a!ainst # # # but before the provincial !overnor and board may act and proceed a!ainst the municipal official, a conviction by final )ud!ment must precede the filin! by the provincial !overnor of the char!es and trial by the provincial board#V 0Findano v# -ilvosa, et al#, @9 Phil# /==D/=< T/@<<U1# o ,ndeed, there is merit in petitionerZs contention that the same rulin! applies to acts of lasciviousness which falls under the same classification as crimes a!ainst chastity# ,n the instant case, not only is a final )ud!ment lac.in!, but the criminal cases filed a!ainst the petitioner were all dismissed by the trial court, for insufficiency of evidence, on the basis of its findin!s that the attendant circumstances lo!ically point to the existence of consent on the part of the offended parties# 49 Sar'g!("a -2 Pa#oE E9 &eputy sheriff enforced #rit outside region of +6' #$c 8ed it and #ent out of his #ay to unduly favor a p to a case. 7acts! P, deputy sheriff of O4amis +ity, enforced in O4amis Occid a writ of P, ,ed by a R$+ of F.ti o -hipped fr O4amis +ity to Fnla, in his name, pers props ta.en under writ upon re*uest of Ps after he turned over possession 8ssue! ,s P !uilty of misconduct to wrrant removal fr ofcJ

115

Held! (es

1) .nforcement of #rit #as irreg.00 RespondentZs enforcement in +alacaDan, Fisamis Occidental of the writ of preliminary in)unction issued by the R$+ in Fa.ati was irre!ular, to say the least, even if there was an order from said Fa.ati +ourt authori4in! respondent to enforce the writ# As an officer of the +ourt, respondent ou!ht to have .nown that a writ of preliminary in)unction issued by a Re!ional $rial +ourt may be enforced only within its re!ion# Foreover, prudence dictated that respondent should have first cleared with the &xecutive 7ud!e or the +ler. of +ourt in O4amis +ity whether he had the authority to implement in Fisamis Occidental the writ of preliminary in)unction issued by the R$+ in Fa.ati# $his he failed to do, without any explanation# 2) heriff #ent out of his #ay to unduly favor ".00 ,t should be noted that respondent eputy -heriff executed or enforced the writ of preliminary in)unction on 5< Bebruary /@E<, and, immediately thereafter, turned over the possession of the personal properties to the plaintiffs# As of that date, his duties or functions 0apart from the irre!ularity in their performance1 as special sheriff, to enforce the writ of preliminary in)unction, ceased# 6e had no business to ship to the plaintiffs in Fanila, in his own name, the properties that he had already turned over to the plaintiffs# +learly, therefore, the shippin! of the personal properties to Fanila by respondent eputy -heriff is an uncalled for Vextra serviceV to the plaintiffs in +ivil +ase No# @/95# ,t !ives rise to the reasonable conclusion that respondent went out of his way to unduly favor the plaintiffs in +ivil +ase No# @/95 particularly when related to the fact that he implemented the writ of preliminary in)unction issued in said case, in excess of, or beyond his authority#

59 Nera -2 /ar 'a ;8 "et clerK (appointive ofcer) #as charged #$ malversation of funds belonging to ees( coop assoc, priv entity. 7acts! N, cler. in Faternity and +hils 6ospi 0!ovt insti under Bureau of 6ospis and O61, served as man and cashier of Faternity &es +oop Assoc, ,nc o +har!ed before R$+ w/ malversation for misappropriatin! funds belon!in! to assoc o On basis of crim case pendin!, admin comoplaint char!in! him for dishonesty and misconduct filed v# him Before he could file ans, he was suspended o Biled pres case where ct held that suspension was ille! :cause it was effected wo notice and hearin!, and assumin! he was !uilty, facts constitutin! char!es v him have NO reln to perf of his duties 8ssue! ,s the suspension of N ille!J Held! NO 1) "reventive suspension pending investig.D -uspension here merel preventive meas and NO$ punishment/penalty o NO$6,NC improper in suspendin! an ofcer pendin! investi! and before char!es v# him heard and he be !iven opp to prove innocence 2) 'harges need %/6 be in reln to perf of duty.D ?nder +- 'aw of <@ 0RA

55;81" when person char!eds F&R&'( !uilty of ne!lect, it must be in perf of his dutyK B?$ when char!ed w/ dishonesty, oppression/!rave misconduct, these need have NO reln to perf of duty o act of misappropriation NO$ entirely disconnected w/ ofc of pet o coop assoc that owns funds is a priv entity B?$ pet was desi!nated as cashier and man A'$6O?C6 hes a mere cler. :cause he was ee of hospi -) + diff C+6 elective offs.D&lective off stands on !round diff fr that of appointive ofcer/ee o bein! elected by pop vote, is directly resp ON'( to comm# that elected him o ordinarily" NO$ amenable to Rs of off conduct !overnin! appointive offs so he may NO$ be summarily suspended ?N'&-- his conduct and acts of irre!ularity have some connection w/ his ofc o has a def term of ofc, relatively of short duration, and since suspension fr his ofc affects and shortens his term, it -6O?' N$ be ordered and done ?N'&-- nec to prevent further dama!e/in) to ofc and pp dealin! w/ ofcer =9 O hate -2 De)'ng <@ Mayor (elective ofcer) #as convicted of slight "8, and charged #$ illeg cocKfighting #$c tK place in another muni and resisting arrest. 7acts! O is incumbent muni Fayor of +larin, Fisamis Occid, while P and , are incumbent Provl Cov of prov and HF of muni o Admin complaint" O char!ed before provl board of /# Or!ani4in!, participatin! and toleratin! ille! coc.fi!hts and other forms of !amblin! 5# +ommittin! !rave pub scandals and acs unbecomin! of a pub off >#misconduct in ofc 0slappin! wife and dau!hter inside muni bld! in front of many pp1 =#ne!lect of duty <# Oppression same date" ori! admin char!es filed, Cov suspended O fr ofc, directin! latter to turn over to , HF O As le!ality of admin char!es and order of suspension o 6ence, this axn -5/EE, RA+" auth of Provl Cov to rcv and investi! complain!s v# muni offs rests on 5 !rounds" o /# Ne!lect of duty, oppression, corruption/other forms of maladmin of ofc and o 5# +onviction by fin )ud!ment of any crime involvin! moral turpitude pendin! axn by Provl Board, Provl Covt may suspend ofcer if in his opin, char!e is / affectin! off integ of ofcer char!ed 8ssue! Are the admin char!es !rounds for valid suspension of OJ Held! NO 1) Acts charged affect /%2G his char as priv indiv.00 such acts or omissions cannot be safely said or considered to be related to the performance of his official duties and petitioner does not have to be the mayor to commit the

116

offenses char!ed# 6ence, in the case of Arsenio 6# 'acson vs# Farciano Ro*ue, et al#, 0@5 Phil#, =<;K =@ Off# Ca4# @>, /88D/8/1, it was ruled" o VFisconduct in office has a definite and wellDunderstood le!al meanin!# By uniform le!al definition, it is misconduct 0consistin! of mayors havin! inflicted in)s on his wife and dau!hter in the muni bld! and for w/c he was later convicted of sli!ht P,, on havin! participated in ille! coc.fi!htin! and resistin! arrest1 such as affects his performance of his duties as an officer and not such only as affects his character as a private individual 2) Acts complained of #ere done more for pers reason.00 misconduct, misfeasance, or malfeasance warrantin! removal from office of an officer, must have direct relation to and be connected with the performance of official duties amountin! either to maladministration or willful, intentional ne!lect and failure to dischar!e the duties of the office # $he records fail to indicate that, in the acts complained of, the petitioner was motivated by any official considerationsK on the contrary, it appears that it was more for personal reasons that he performed the acts and omissions complained of# -) /rder of suspension %/6 founded on leg grounds.00 in this case, the alle!ed violation of !amblin! laws occurred within another municipality# $he char!es of oppression seems to be too superficial to meet the standard fixed in the le! definition# Petitioner was accused and convicted of sli!ht physical in)uries which did not involve moral turpitudeK he O&-N$ appear to have been convicted of the char!es of ille! coc.fi!htin! and assault upon As in auth# +har!es ON$ consti misconduct/maladmin of ofc.

o c# physicians o d# mems of ABP in ea" full rpt of apptment made to +-+ 0&O 585, -<@1 Prohi includes desi! :cause what +AN$ be done directly +AN$ be done indirectly 0'aurel v# +-+1 o +overs all .inds of apptments" ori!, promol, transfer/reemployment re!ardless of status 0+-+ F+ >E @>1 o $o limit thrust of prohi to apptments ,ed at time of initial entry into !ovt servand insulate fr prohi apptments subse*uently ,ed when personnel axns are ta.en in respect of ee would render prohi mn!less and toothless Purpose of prohi" ensure all apptments and other personnel axns in +- based on merit and fitness and NO$ depend on how close/intimate appointee is to apptin! power o Applies 2O re to actual merits of appointee and !ood intentions of apptin!/recommendin! auth and ,-N$ intended by law to penali4e faithful serv o Purpose" to ta.e out discretion of auth the matter of appointin!/recommendin! for apptment a rel o ,mptance of le!is ob)ective" difficult to overstress in Phils fam bonds remain compellin! and cohesive 0 ebul!ado v# +-+1

Nepot'#( /1 +- ec 0same in &O 5@51 prohis A'' apptment 0i#e# w/o ma.in! any distinction bet diff .inds/types of apptments1 in the NC and 'Cs /any branch/instrumentality, inc CO++s, made in favor of relative of" o A# appointin! auth o B# recommendin! auth o +# chief of bureau/ofc OR o # person exertin! immediate super over appointee Restric NO$ applicable to mem of any fam who, after his apptment to pos in ofc/bureau, contracts marr w/ some/ in same ofc/bureau in w/c event employment/retention of both husb and wife may be allowed GrelativeM and mems of fam referred to % those related w/in > rd de! of consan!/aff 0P E89, -=@1 51 / !uilty of nepotism if an apptments ,ed in favor of rel w/in > rd civ de! of consan!/aff of any of the = mentioned o theres = sits covered o last 5" immatl who apptin!/recommendin! auth is o violn" apptment extended/,ed in favor of rel w/in > rd civ de! of consan!/aff of chief of bureau/ofc/person exertin! immediate super over appointee o nepotism % pernicious evid impedin! +- and eff of personnel o ebul!ado" Basic purpose/ob) of prohi v# nepotism indicates prohi was inteded to be comprehensive 0+-+ v# acoycoy1 >1 Bf are exempted fr opn of Rs" o a# persons employed in confid cap o b# teachers

/ro!n$# for $'# 'p)'nar* a,n !n$er Co$e of Con$! t an$ Eth' a) Stan$# +ode 0RA ;9/>1 enunciates state policy" promotin! hi!h stand of ethics and utmost resp in pub serrv 0Alawi v# Alauya1 o -=" pub offs and ees at all times respect rts of others and refrain fr doin! acts contrary to law, !ood morals, !ood customs, pub policy, pub order, pub safety and pub int IR R!)e G /ro!n$# for a$('n'#trat'-e $'# 'p)'nar* a t'on Se t'on 1# ,n addition to the !rounds for administrative disciplinary action prescribed under existin! laws, the acts and omissions of any official or employee, whether or not he holds office or employment in a casual, temporary, holdDover, permanent or re!ular capacity, declared unlawful or prohibited by the +ode, shall constitute !rounds for administrative disciplinary action, and without pre)udice to criminal and civil liabilities provided herein, such as" 0a1 irectly or indirectly havin! financial and material interest in any transaction re*uirin! the approval of his office# 7inancial and material interest is defined as a pecuniary or proprietary interest by which a person will !ain or lose somethin!K 0b1 Ownin!, controllin!, mana!in! or acceptin! employment as officer, employee, consultant, counsel, bro.er, a!ent, trustee, or nominee in any private enterprise re!ulated, supervised or licensed by his office, unless expressly allowed by lawK 0c1&n!a!in! in the private practice of his profession unless authori4ed by the +onstitution, law or re!ulation, provided that such practice will not conflict or tend

117

to conflict with his official functionsK 0d1 Recommendin! any person to any position in a private enterprise which has a re!ular or pendin! official transaction with his office, unless such recommendation or referral is mandated by 0/1 law, or 051 international a!reements, commitment and obli!ation, or as part of the functions of his officeK $hese acts shall continue to be prohibited for a period of one 0/1 year after resi!nation, retirement, or separation from public office, except in the case of para!raph 0c1 above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, within one year after such resi!nation, retirement, or separation provided that any violation hereof shall be a !round for administrative disciplinary action upon reD entry to the !overnment service# 0e1 isclosin! or misusin! confidential or classified information officially .nown to him by reason of his office and not made available to the public, to further his private interests or !ive undue advanta!e to anyone, or to pre)udice the public interestK 0f1 -olicitin! or acceptin!, directly or indirectly, any !ift, !ratuity, favor, entertainment, loan or anythin! of monetary value which in the course of his official duties or in connection with any operation bein! re!ulated by, or any transaction which may be affected by the functions of, his office# $he propriety or impropriety of the fore!oin! shall be determined by its value, .inship or relationship between !iver and receiver and the motivation# A thin! of monetary value is one which is evidently or manifestly excessive by its very nature# >= $his prohibition shall not include" 0/1 ?nsolicited !ift of nominal or insi!nificant value not !iven in anticipation of, or in exchan!e for, a favor from a public official or employee or !iven after the transaction is completed, or service is rendered# As to what is a !ift of nominal value will depend on the circumstances of each case ta.in! into account the salary of the official or employee, the fre*uency or infre*uency of the !ivin!, the expectation of benefits, and other similar factors# 051 A !ift from a member of his family or relative as defined in the +ode on the occasion of a family celebration, and without any expectation of pecuniary !ain or benefit# 0>1 Nominal donations from persons with no re!ular, pendin!, or expected transactions with the department, office or a!ency with which the official or employee is connected, and without any expectation of pecuniary !ain or benefit# 0=1 onations comin! from private or!ani4ations whether local or forei!n, which are considered and and accepted as humanitarian and altruistic in purpose and
34 P =;" punishable for off/ee, N/'C to directly/indirectly, and priv persons to !ive/offer any !ift, pres/valuable thin! on any occasion, inc Qmas, when such is !iven by reason of off pos, re!ardless of 2ON its for past favors/!iver hopes/expects to rcv favor/better treatment in future fr pub off/ee in dischar!e of off fxns# ,ncluded in prohi" throwin! ps/entertainments in honor of off/ee/immediate rels

mission# 0<1 onations comin! from !overnment to !overnment entities#

As to !ift or !rants from forei!n !overnments, the +on!ress consents to" 0i1 $he acceptance and retention by public official or employee of a !ift of nominal value tendered and received as a souvenir or mar. of courtesyK 0ii1 $he acceptance and retention by public official or employee of !ift in the nature of a scholarship or fellowship !rant or medical treatmentK or 0iii1 $he acceptance by a public official or employee of travel !rant or expenses for travel ta.in! place entirely outside the Philippines 0such as allowances, transportation, food and lod!in!1 of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch, or a!ency to which he belon!s# Nothin! in the +ode shall be construed to restrict or prohibit any educational, scientific or cultural exchan!e pro!rams sub)ect to national security re*uirements# 0!1 Obtainin! or usin! any statement filed under the +ode for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the !eneral publicK 0h1 ?nfair discrimination in renderin! public service due to party affiliation or preferenceK 0i1 isloyalty to the Republic of the Philippines and to the Bilipino peopleK

0)1 Bailure to act promptly on letters and re*uest within fifteen 0/<1 days from receipt, except as otherwise provided in these RulesK 0.1 Bailure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in these RulesK 0l1 Bailure to attend to anyone who wants to avail himself of the services of the office, or to act promptly and expeditiously on public personal transactionsK 0m1 Bailure to file sworn statements of assets, liabilities and net worth and disclosure of business interests and financial connectionsK and 0n1 Bailure to resi!n from his position in the private business enterprise within thirty 0>81 days from assumption of public office when conflict of interest arises, and/or failure to divest himself of his shareholdin!s or interests in private business enterprise within sixty 0;81 days from such assumption of public office when conflict of interest arises, the official or employee must either resi!n or divest himself of said interests within the periods hereinDabove provided, rec.oned from the date when the conflict of interest had arisen# R!)e GI

118

Pena)t'e# Se t'on 4# Administrative proceedin!s for violation of these Rules shall be in accordance with +ivil -ervice 'aw and Rules# A$('n 'n-e#t'g of e)e t'-e )o off#

o o

1) 7orm and filing of admin complaints.D verified><complaint v# loc elec offs prepared" o a# complaint v# elec off of prov, hi!hly urbani4ed city, indep compo city/compo city filed before Ofc of the Pres o b# complaint v# elec br!y off filed before -P/-B whose decision fin and exec 2) %otice of hearing.D o a# w/in 9d after admin complaint filed, Ofc of Pres/san! shall re*uire resp to submit verified ans w/in /<d fr receipt and commence investi! of case w/in /8d after receipt of ans of resp o b# when resps an elec off of prov/6? city, hearin! and investi! conducted in place where he renders/holds ofc all others" venue 3 place where san!s located o >1 NO investi! held w/in @8d immediately prior to loc elec, and NO preventive suspension imposed w/in if imposed prioer to @8d pd, deemed automatically lfited upon start of pd -) "reventive suspension.D o a# imposed" /# By Pres, if resps an elective off of a prov, 6? city/indep compo city 5# Cov, if resps an elective off of compo city/muni ># Fayor, if resps an elective off of br!y o b# preventive suspension may be imposed any time after ,s are )oined, when evid of !uilts stron!, and !iven !ravity of offense, !reat probability that continuance in ofc of resp could inf witnesses/pose threat to safety and inte! of recs and other evid any sin!le preventive suspension of loc elec offs -6AN$ extend beyond ;8d in event several admin cases filed v# elec off, he +AN$ be preventively suspended S@8d w/in a sin!le yr on same !round/s existin! and .nown at time of /st suspension o c# upon expiration of preventive suspension, suspended elec off deemed reinstated in ofc w/o pre)udice to continuation of proceedin!s v# him, w/c shall be terminated w/in /58d fr the time he was formally notified of the case v# him>; o d# any abuse of exer of power of preventive suspension penali4ed as abuse of auth

5) alary of resp pending suspension.D rcv NON& durin! B?$ upon subse*uent exoneration and reinstatement 3 paid full inc emoluments <) +ts of resp.Daccorded full opp to appear and defend himself in person/by counsel, confront and cross witnesses v# him and re*uire attendance of witnesses and prodn of docu evid in his favor thru comp proc of subpoena/duces tecum )) 7orm and notice of decision.R o a# investi! of case terminated w/in @8d fr start w/in >8d after end of investi!, Ofc of Pres/san! render decision in writin! statin! clearly and distinctly facts and reson copies immediately furnished resp and interested ps o b# penalty of suspension NO$ exceed unexpired term of resp/;mos for every admin offense>9, NOR bar to candidacy as lon! as he meets *ualns re*d for ofc 0B?$ any admin disciplinary proceedin! v# resp abated if reelected :cause reelec results in condonation of misconduct durin! previous term# +AN$ apply to crim acts thou!h % Falinao v# Reyes1 o c# penalty of removal fr ofc as a result of admin investi! considered bar to candidacy of resp for any elective pos ,) Admin appeals.Ddecisions in admin cases may, w/in >8d fr receipt, be appealed to" o a# -an! panlalawi!an in case of decision of san! panlun!sod of compo cities and san! bayan o b# Ofc of Pres % decisions of san! pnalalwi!an and san! panlun!sod of 6? cities and indep compo cities *) .4ec pending appeal.Dappeal 2ON$ prevent decision fr becomin! fin/executory o resp considered as havin! been placed under preventive suspension durin! pendency of appeal in event he wins such o in event appeal results in exoneration, paid salary and otheremoluments durin! pendency decisions of Ofc of Pres fin and executory 0RA 9/;8, -;/D;E1 o Rev Admin +irc /D@<" appeals fr )ud!ments/fin orders of Ofc of Pres ta.en to +A# Ofc w/o power to remove elected offs since exclusively vested in proper cts 0-;8, 'C+1 % -alalima v# Cuin!ona 7r AO 5> ,ed ec /9 @5 by Pres pursuant to -;8D;;, 'C+ prescribes Rs and procedures applicable to admin disciplinary cases filed v# elective loc offs of provs, 6? cities, indep compo, compo and cities and munis in FF o All admin complaints acted upon by Pres, as isciplinin! Auth who may act thru &xec -ec o -ec of ,nterior and 'C desi!nated as ,nvesti!atin! Auth % may consti ,nvesti!atin! +ommittee in ept 0-/D>, R/1 Crant of Gdisciplinary authM of power to remove elective offs beyond auth of Oversi!ht +ommittee that prepared Rs and Rs

35

formal, NO$ 7al re*# ,ntended to secure assurance alle!ations done in CB/true and correct, NO$ speculation# 'ac. 3 formal defect# +t order correction if not verified/act on unverified if attendin! circs" Kstict compliance w/ R dispensed w/ so ends of )ust served# 36 -peedy dispo of admin complaints re*d by pub serv# &ff of offs under investi! impaired hwen case han!s over their heads# Offs deserve to be cleared expeditiously if inn/if !uilty, so bus of !ovt NO$ pre)udice 07oson v# $orres1

37

sets limit to penalty of suspension# Admin offense % every act/conduct/omission w/c amts to/constis any !round for disciplinary axn NO CA in imposin! penalty althou!h a!!re!ate exceeds ;mos and unexpired portion of elected offs term of ofc as lon! as suspension imposed for ea O&-N$ exceed ;mos and successive serv of suspension O&-N$ exceed unexpired portion of term of ofc 0-alalima v# Cuin!ona 7r1

119

o o

o o

o o

o o

o o

'aw on suspension/removal of elective pub offs 3 strictly construed 2here disciplinin! auths !iven ON'( power to suspend and NO$ remove 3 NO$ permitted to manipulate law by arbitrarily exercisin! power to suspend in manner that results in removal 0-alalima v# Cuin!ona 7r1 Provs of AO 5>" 1) Ho# initiated.Dby priv indiv/!ovt ofcer/ee by filin! sworn written complaint v# elective loc off under -/, R/ o initiated motu proprio by Ofc of Pres/!ovt a!ency duly authori4ed by law to ensure 'C?s act w/in their prescribed powers and fxns 2) Chere complaint filed.Dw/ Recs Ofc, Ofc of Pres, Falacanan!, Fnla o B?$ for cases v# lective offs of 'C?s outside FF" complaint filed thru concerned Re!ional ir of ,'C transmit to -ec of ,nterior and 'C w/in =Ehrs fr receipt o Re!ional ir shall authenticate all pertinent docus presented to him ?pon receipt of docus, -ec of ,nterior and 'C transmit to Ofc of Pres w/in =Eh fr receipt +opy of complaint furnished to ea" o A# ofc of Cov % compo cities o B# FF Auth % cities and munis in FF o +# ,'C % all cases 0-/, >, R>1 -) %otice.Dw/in 9days after complaint filed, isciplinin! Auth , order re*uirin! resp to submit verified ans w/in /<d fr receipt o complaints filed thru ,'C Re!ional Ofc" order coursed thru -ec of ,nterior and 'C 5) Chere ans filed.Dsubmitted to Recs Ofc, Ofc of Pres, Fnla o B?$ outside FF" ans submitted thru concerned Re!ional ir of ,'Ctransmit to -ec of ,nterior and 'C w/in =Eh fr receipt o Re!ional ir authenticate all pertinent docus presented to him ?pon receipt of docus, -ec of ,nterior and 'C transmit to Ofc of Pres w/in =Eh fr receipt +opy of ans furnished to ea" o A# complainant o B# ofc of Cov % compo cities o +# FF Auth % cities and munis in FF o # ,'C % all cases 0-/, >, R=1 <) 'ommencement of prelim investig.D w/in =Eh fr receipt of ans, isciplinin! Auth refer complaint and ans w/ attachments and relevant papers to ,nvesti!atin! Authcommence investi! of case w/in /8d fr receipt )) .valn.Dw/in 58d fr receipt of complaint and ans, ,nvesti!atin! Auth det 2on theres prima facie case to warrant insti of formal admin proceedin!s ,) &ismissal motu proprio.R,f ,nvesti!atin! Auth det theres NO prima facie case to warrant insti of formal admin proceedin!s w/in same pd in No# ;, submit its recomm to isciplinin! Auth for motu proprio dismissal of case, w/ recommended decision, resoln and order *) E?0day ban#RNO prelim investi! imposed w/in @8d immediately prior to any elec 0-/, >, =, 9, R<1 E) "o#er to suspend.Rpreventive suspension may be imposed by isciplinin! Auth where resps an elec off 'C?s" o a# provs o o

o o

o b# 6? cities o c# indep compo cities o d# cities/munis in FF Cov, upon dir order of isciplinin! Auth, preventively suspend elec off of compo city, whos under formal admin investi! by Ofc of Pres 1?) E?0day ban.DNO preventive suspension imposed w/in @8d immediately prior to loc elec o if P- imposed prior to @8d pd, deemed automatically lifted upon start of pd 11) 9rounds.DP- imposed any time after ,s )oined 3 after resp answered complaint, when evid of !uilts stron! and !iven !ravity of offense, theres !reat probability continuance ofc of resp could inf witnesses/pose threat to safety and inte of recs and other evid 12) &uration.Rany sin!le P- of loc elec offs -6AN$ extend beyond ;8d o PROH, & , in the event several admin cases are filed, he +AN$ be preventively suspended for S@8d w/in a sin!le yr on the same !round existin! and .nown at time of /st suspension 1-) Automatic reinstatement.D upon expiration of P-, suspended elec off shall be deemed reinstated in ofc w/o pre)udiceto continuation of proceedin!s v# himterminated w/in /58d fr time he was formally notified of case v# him o B?$ if delay in proceedin!s of case is due to his fault/re*uest O$6&R $6AN the appeal duly filed 3 duration of delay 2ON$ be counted in computin! time of termination of case 15) alary of resp pending suspension.D Resp preventively suspended fr ofc shall rcv NO salary/comp durin! suspension B?$ upon subse*uent exoneration and reinstatement 3 paid in his full salary/comp inc emoluments accruin! to suspension 0-/D;, R;1 1<) 7ormal investig.Runreasonable failure to commence formal investi! w/in prescribed pd in prelim conf order by person assi!ned to investi! 3 !round for admin disciplinary axn 1)) 6ermination of fin investig. RBormal investi! of case terminated by ,nvesti! Auth w/in @8d fr start o unreasonable failure to complete formal investi! after pd by person assi!ned to investi! 3 !round for disciplinary axn 0-/, /5, R91 1,) +endition of decision.Dw/in >8d after receipt of rpt of ,nvesti! Auth and transmittal of recs" isciplinary Auth render decision in writin! statin! clearly and distinctly facts and resons for decision o copies immediately furnished resp and interested ps 1*) 7inality of decision.Ddecision of isplinary Auth become fin and exec after lapse of >8d fr receipt of copy by complainant/resp ?N'&-- FRs filed w/in pd o -ave exceptionally meritorious cases" ON'( / FR by any / p allowed 3 suspend runnin! of >8d re! pd 1E) .4ec pending appeal.Dappeal -6AN$ prevent decision fr becomin! fin/exec o resp shall be considered as havin! been placed under preventive suspension durin! pendency of appeal o in event appeal results in exoneration, resp paid salary and other emoluments accruin! durin! pendency of appeal 0-/D>, R/81 2?) "enalty.Dresp found!uilty of offense in R5 0Crounds for Admin isciplinary Axn1 may be meted penalty of suspension/removal dependin! on

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o o o

evid presented and a!!/mit circs that may be considered by isciplinin! Auth 21) uspension.RPenalty of suspension -6AN$ exceed unexpired term of resp/pd of ;mos for every admin offense, NOR shall itbe a bar to candidacy of resp as lon! as he meets *ualns re*d for ofc 22) +emoval.Relec off may be removed fr ofc on !rounds in R5 by order of proper ct/ isciplinin! Auth, w/cever /st ac*uires 7, to exclusion of other penalty of removal as a result of admin investi! considered bar to candidacy of resp for any elec pos 0-/D>, R//1 2-) .4ec clemency.Din meritorious cases, Pres may, after decision fin and exec, commute/remove admin penalties/disabs imposed on elec loc offs in admin discipionary cases, sub) to terms and condis he may impose in int of the serv 0-/, R/51

Do#on -2 Torre# /@@E Acting on behalf of "res, .4ec sec imposed " on "rovl 9ov #$o formal investig on basis of pos papers 7acts! o Priv resps HC of Nueva &ci)a and mems of -an! Panlalawi!an filed w/ Ofc of Pres letterDcomplaint v# pet Cov, char!in! him w/ !rave misconduct and abuse of auth o Priv resps" AF of -pt /5 E; % they were at session hall of provl capitol for scheduled session of -P when pet belli!erently bar!ed into 6all and an!rily .ic.ed doors and chairs and uttered threatenin! words o +lose behind were several men w/ lon! and short firearms who encircled the area o ,ncident was an offshoot of resistance to pendin! le!is meas supported by pet that prov of Nueva &ci)a obtain loan of P/<8F fr PNB o 6is acts were intended to harass them into approvln! loan o Bortunately, NO session fo -p was held that day for lac. of *uorum and proposed le!is meas 2A-N$ considered o Opposed loan :cause Nueva &ci)a had an unli*uidated obli! of SP98F incurred w/o prior authori4ation fr -P o Provl bud!et ofcer and treas earlier disclosed that prov +O?' N$ afford to contract another obli! o Pets act of bar!in!in and intimidatin! priv resps was a serious insult to the inte! and indep of -P o Presence of priv army posed !rave dan!er to priv resps lives and safety o Priv resps prayed for suspension/removal of pet o Bor emer audit of provl treas of N& o And for rvw of proposed loan in li!ht of fin condi of provs o ?pon instruc of Pres, -ec of ,'C proceeded to N& to settle contro o ,n view of failure of peace a! entered into by ps, priv resps reiterated letterDcomplaint v# peta!ain ordered to file ans o Pet rcved copy fo Order on Nov /> @; o After !rantin! his several re*uests for ext to file his ans, ,'C informed him his failure to submit ans will be considered waiver and P shall be allowed to pres evid ex parte o &xts pet re*uested consumed <<d o Biled ans @mos after /st notice

Apr 55 @9" Actin! -ec of ,'C ,ed order declarin! pet in default and to have waived his rt to presevid o Prov resps ordered to pres evid ex parte o Fay /@ @9" he reconsidered the order of default in int of )ust B?$ reinstated it o 7uly // @9" on recomm of -e cof ,'C, &xec -ec ,ed an order, by auth of Pres, preacin! pet under P- for ;8d pendin! investi! of char!es v# him o Pet filed pet for cert and prohi w/ +A challen!in! order of preventive suspension and order of default o Proceedin!s before ,'C contid o +A dismissed pets pet o Order dated Nov // @9" ,'C denied pets Fotion to +onduct Bormal ,nvesti! declarin! that sunmission of pos papers substantiall complied w/ re*ts of procedural P in admin proceedin!s o 7an E @E" &xec -ec, by auth of Pres, adopted the findin!s and recomm of ,'C -ec o ,mposed on pet penalty of suspension fr ofc for ;mos w/o pay 8ssue! o 2as suspension fr ofcc of pet validJ Held! o 2e find merit in pet# o 1) 2a#s governing disciplinary proceedings v. loc elective offs.00 Administrative disciplinary proceedin!s a!ainst elective local officials are !overned by the 'ocal Covernment +ode of /@@/, the Rules and Re!ulations ,mplementin! the 'ocal Covernment +ode of /@@/, and Administrative Order No# 5> entitled VPrescribin! the Rules and Procedures on the ,nvesti!ation of Administrative isciplinary +ases A!ainst &lective 'ocal Officials of Provinces, 6i!hly ?rbani4ed +ities, ,ndependent +omponent +ities, and +ities and Funicipalities in Fetropolitan Fanila#V 5< ,n all matters not provided in A#O# No# 5>, the Rules of +ourt and the Administrative +ode of /@E9 apply in a suppletory character# 56 o -ection ;8 of +hapter =, $itle ,,, Boo. , of the 'ocal Covernment +ode enumerates the !rounds for which an elective local official may be disciplined, suspended or removed from office# o 2) = over admin disciplinary a4ns v. elec loc offs.00 petitioner *uestions the )urisdiction and authority of the ,'C -ecretary over the case# 6e contends that under the law, it is the Office of the President that has )urisdiction over the letterDcomplaint and that the +ourt of Appeals erred in applyin! the alterD e!o principle because the power to discipline elective local officials lies with the President, not with the ,'C -ecretary# o 7urisdiction over administrative disciplinary actions a!ainst elective local officials is lod!ed in two authorities" the isciplinin! Authority and the ,nvesti!atin! Authority# $his is explicit from A#O# No# 5>, to wit" o
o -ec# 5# isciplinin! Authority# All administrative complaints, duly verified, a!ainst elective local officials mentioned in the precedin! -ection shall be acted upon by the President# $he President, who may act throu!h the &xecutive -ecretary, shall hereinafter be referred to as the isciplinin! Authority# -ec# ># ,nvesti!atin! Authority# $he -ecretary of the ,nterior and 'ocal Covernment is hereby desi!nated as the ,nvesti!atin! Authority# 6e may constitute an ,nvesti!atin! +ommittee in the epartment of the ,nterior and 'ocal Covernment for the purpose#

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Pursuant to these provisions, the isciplinin! Authority is the President of the Philippines, whether actin! by himself or throu!h the &xecutive -ecretary# $he -ecretary of the ,nterior and 'ocal Covernment is the ,nvesti!atin! Authority, who may act by himself or constitute an ,nvesti!atin! +ommittee# $he -ecretary of the ,'C, however, is not the exclusive ,nvesti!atin! Authority# ,n lieu of the ,'C -ecretary, the isciplinary Authority may desi!nate a -pecial ,nvesti!atin! +ommittee# -) "o#er of "res over said cases.D Pursuant to these provisions, the isciplinin! Authority is the President of the Philippines, whether actin! by himself or throu!h the &xecutive -ecretary# $he -ecretary of the ,nterior and 'ocal Covernment is the ,nvesti!atin! Authority, who may act by himself or constitute an ,nvesti!atin! +ommittee# $he -ecretary of the ,'C, however, is not the exclusive ,nvesti!atin! Authority# ,n lieu of the ,'C -ecretary, the isciplinary Authority may desi!nate a -pecial ,nvesti!atin! +ommittee# o $he power of the President over administrative disciplinary cases a!ainst elective local officials is derived from his power of !eneral supervision over local !overnments# -ection =, Article Q of the /@E9 +onstitution provides"
o -ec# =# $he President of the Philippines shall exercise !eneral supervision over local !overnments# Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component baran!ays shall ensure that the acts of their component units are within the scope of their prescribed powers and functions# =7

$he isciplinin! Authority may, however, in the interest of the service, constitute a -pecial ,nvesti!atin! +ommittee in lieu of the -ecretary of the ,nterior and 'ocal Covernment# =6

+ontrol is said to be the very heart of the power of the presidency# <: As head of the &xecutive epartment, the President, however, may dele!ate some of his powers to the +abinet members except when he is re*uired by the +onstitution to act in person or the exi!encies of the situation demand that he acts personally# <; $he members of +abinet may act for and in behalf of the President in certain matters because the President cannot be expected to exercise his control 0and supervisory1 powers personally all the time# &ach head of a department is, and must be, the PresidentZs alter ego in the matters of that department where the President is re*uired by law to exercise authority# 6F <) "rocedure.00 $he procedure how the isciplinin! and ,nvesti!atin! Authorities should exercise their powers is distinctly set forth in the 'ocal Covernment +ode and A#O# No# 5># -ection ;5 of the +ode provides" o
o -ec# ;5# Notice of 6earin!# 0a1 2ithin seven 091 days after the administrative complaint is filed, the Office of the President or the san!!unian concerned, as the case may be, shall re*uire the respondent to submit his verified answer within fifteen 0/<1 days from receipt thereof, and commence investi!ation of the case within ten 0/81 days after receipt of such answer of the respondent#

bureaus, and offices# 6e shall ensure that the laws be faithfully executed# <7

o
o

-ections / and >, Rule < 61 of A#O# No# 5> provide"

$he power of supervision means Voverseein! or the authority of an officer to see that the subordinate officers perform their duties#V =: ,f the subordinate officers fail or ne!lect to fulfill their duties, the official may ta.e such action or step as prescribed by law to ma.e them perform their duties# =; $he PresidentZs power of !eneral supervision means no more than the power of ensurin! that laws are faithfully executed, or that subordinate officers act within the law# <F -upervision is not incompatible with discipline# <1 And the power to discipline and ensure that the laws be faithfully executed must be construed to authori4e the President to order an investi!ation of the act or conduct of local officials when in his opinion the !ood of the public service so re*uires# 5) "o#er of the "res as the &isciplinary Auth.00 $he power to discipline evidently includes the power to investi!ate# As the isciplinin! Authority, the President has the power derived from the +onstitution itself to investi!ate complaints a!ainst local !overnment officials# A#O# No# 5>, however, dele!ates the power to investi!ate to the ,'C or a -pecial ,nvesti!atin! +ommittee, as may be constituted by the isciplinin! Authority# $his is not undue dele!ation, contrary to petitioner 7osonZs claim# $he President remains the isciplinin! Authority# 2hat is dele!ated is the power to investi!ate, not the power to discipline# <= o Foreover, the power of the ,'C to investi!ate administrative complaints is based on the alterDe!o principle or the doctrine of *ualified political a!ency o $his doctrine is corollary to the control power of the President# <6 $he power of control is provided in the +onstitution, thus" o
o -ec# /9# $he President shall have control of all the executive departments,

2hen an administrative complaint is therefore filed, the isciplinin! Authority shall issue an order re*uirin! the respondent to submit his verified answer within fifteen 0/<1 days from notice# ?pon filin! of the answer, the isciplinin! Authority shall refer the case to the ,nvesti!atin! Authority for investi!ation# o -trictly applyin! the rules, the Office of the President did not comply with the provisions of A#O# No# 5># $he Office should have first re*uired petitioner to file his answer# $hereafter, the complaint and the answer should have been referred to the ,nvesti!atin! Authority for further proceedin!s# Be that as it may, this procedural lapse is not fatal# $he filin! of the answer is necessary merely to enable the President to ma.e a preliminary assessment of the case# 64 $he President found the complaint sufficient in form and substance to warrant its further investi!ation# $he )ud!ment of the President on the matter is entitled to respect in the absence of !rave abuse of discretion# )) 8mpo of " .00 ,n view of petitionerZs inexcusable failure to file answer, the ,'C did not err in recommendin! to the isciplinin! Authority his preventive suspension durin! the investi!ation# Preventive suspension is authori4ed under -ection ;> of the 'ocal Covernment +ode, vi@" o
o o -ec# ;># Preventive -uspension# 0a1 Preventive suspension may be imposed" 0/1 By the President, if the respondent is an elective official of a province, a hi!hly urbani4ed or an independent component cityK

-ec# /# +ommencement# 2ithin fortyDei!ht 0=E1 hours from receipt of the answer, the isciplinin! Authority shall refer the complaint and answer, to!ether with their attachments and other relevant papers, to the ,nvesti!atin! Authority who shall commence the investi!ation of the case within ten 0/81 days from receipt of the same# -ec# ># &valuation# 2ithin twenty 0581 days from receipt of the complaint and answer, the ,nvesti!atin! Authority shall determine whether there is a prima facie case to warrant the institution of formal administrative proceedin!s#

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,n sum, preventive suspension may be imposed by the isciplinin! Authority at any time 0a1 after the issues are )oinedK 0b1 when the evidence of !uilt is stron!K and 0c1 !iven the !ravity of the offense, there is !reat probability that the respondent, who continues to hold office, could influence the witnesses or pose a threat to the safety and inte!rity of the records and other evidence# ,) "et(s rt to formal investig.00 Petitioner claims that the suspension was made without formal investi!ation pursuant to the provisions of Rule 9 of A#O# No# 5># Petitioner filed a VFotion $o +onduct Bormal ,nvesti!ationV three months before the issuance of the order of suspension and this motion was denied by the ,'C o $he denial of petitionerZs Fotion to +onduct Bormal ,nvesti!ation is erroneous# PetitionerZs ri!ht to a formal investi!ation is spelled out in the followin! provisions of A#O# No# 5>, vi@" o
o -ec# > &valuation# 2ithin twenty 0581 days from receipt of the complaint and answer, the ,nvesti!atin! Authority shall determine whether there is a prima facie case to warrant the institution of formal administrative proceedin!s# -ec# =# ismissal motu proprio# ,f the ,nvesti!atin! Authority determines that there is no prima facie case to warrant the institution of formal administrative proceedin!s, it shall, within the same period prescribed under the precedin! -ection, submit its recommendation to the isciplinin! Authority for the motu proprio dismissal of the case, to!ether with the recommended decision, resolution, and order# -ec# <# Preliminary conference# ,f the ,nvesti!atin! Authority determines that there is prima facie case to warrant the institution of formal administrative proceedin!s, it shall, within the same period prescribed under the precedin! -ection, summon the parties to a preliminary conference to consider the followin!" a1 whether the parties desire a formal investi!ation or are willin! to submit the case for resolution on the basis of the evidence on recordK and b1 ,f the parties desire a formal investi!ation, to consider the simplification of issues, the possibility of obtainin! stipulation or admission of facts and of documents, specifically affidavits and depositions, to avoid unnecessary proof, the limitation of number of witnesses, and such other matters as may be aid the prompt disposition of the case# $he ,nvesti!atin! Authority shall encoura!e the parties and their counsels to enter, at any sta!e of the proceedin!s, into amicable settlement, compromise and arbitration, the terms and conditions of which shall be sub)ect to the approval of the isciplinin! Authority# After the preliminary conference, the ,nvesti!atin! Authority shall issue an order recitin! the matters ta.en up thereon, includin! the facts stipulated and the evidences mar.ed, if any# -uch order shall limit the issues for hearin! to those not disposed of by a!reement or admission of the parties, and shall schedule the formal investi!ation within ten 0/81 days from its issuance, unless a later date is mutually a!reed in writin! by the parties concerned# 67

0b1 Preventive suspension may be imposed at any time after the issues are )oined, when the evidence of !uilt is stron!, and !iven the !ravity of the offense, there is !reat probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the safety and inte!rity of the records and other evidenceK "rovided, $hat, any sin!le preventive suspension of local elective officials shall not extend beyond sixty 0;81 days" "rovided, further, $hat in the event that several administrative cases are filed a!ainst an elective official, he cannot be preventively suspended for more than ninety 0@81 days within a sin!le year on the same !round or !rounds existin! and .nown at the time of the first suspension#

that he bar!ed into the session hall of the capitol and committed physical violence to harass the private respondents who were opposed to any move for the province to contract a P/<8 million loan from PNB# ,n his Order of October E, /@@9, ?ndersecretary -anche4 admitted petitionerZs Answer Ad 'autelam but treated it as a position paper# On October /<, /@@9, petitioner filed a Fotion to +onduct Bormal ,nvesti!ation# Petitioner reiterated this motion on October 5@, /@@9# PetitionerZs motion was denied on November //, /@@9# -ecretary Barbers found petitioner !uilty as char!ed on the basis of the partiesZ position papers# On 7anuary E, /@@E, &xecutive -ecretary $orres adopted -ecretary BarbersZ findin!s and recommendations and imposed on petitioner the penalty of six 0;1 months suspension without pay# $he re)ection of petitionerZs ri!ht to a formal investi!ation denied him procedural due process# -ection < of A#O# No# 5> provides that at the preliminary conference, the ,nvesti!atin! Authority shall summon the parties to consider whether they desire a formal investi!ation# $his provision does not !ive the ,nvesti!atin! Authority the discretion to determine whether a formal investi!ation would be conducted# $he records show that petitioner filed a motion for formal investi!ation# As respondent, he is accorded several ri!hts under the law, to wit"
-ec# ;<# Ri!hts of Respondent# $he respondent shall be accorded full opportunity to appear and defend himself in person or by counsel, to confront and crossDexamine the witnesses a!ainst him, and to re*uire the attendance of witnesses and the production of documentary evidence in his favor throu!h compulsory process of subpoena or subpoena duces tecum#

o o

$he records show that on Au!ust 59, /@@9, petitioner submitted his Answer Ad 'autelam where he disputed the truth of the alle!ations

*) "et(s rt CA %(6 satisfied.00 An errin! elective local official has ri!hts a.in to the constitutional ri!hts of an accused# 6: $hese ri!hts are essentially part of procedural due process# 6; $he local elective official has the 0/1 the ri!ht to appear and defend himself in person or by counselK 051 the ri!ht to confront and crossDexamine the witnesses a!ainst himK and 0>1 the ri!ht to compulsory attendance of witness and the production of documentary evidence# $hese ri!hts are reiterated in the Rules ,mplementin! the 'ocal Covernment +ode 7F and in A#O# No# 5># 71 2ell to note, petitioner, formally claimed his ri!ht to a formal investi!ation after his Answer Ad 'autelam has been admitted by ?ndersecretary -anche4# o PetitionerZs ri!ht to a formal investi!ation was not satisfied when the complaint a!ainst him was decided on the basis of position papers# $here is nothin! in the 'ocal Covernment +ode and its ,mplementin! Rules and Re!ulations nor in A#O# No# 5> that provide that administrative cases a!ainst elective local officials can be decided on the basis of position papers# A#O# No# 5> states that the ,nvesti!atin! Authority may re*uire the parties to submit their respective memoranda but this is only after formal investi!ation and hearin!# 74 A#O# No# 5> does not authori4e the ,nvesti!atin! Authority to dispense with a hearin! especially in cases involvin! alle!ations of fact which are not only in contrast but contradictory to each other# $hese contradictions are best settled by allowin! the examination and crossDexamination of witnesses# Position papers are oftenDtimes prepared with the assistance of lawyers and their artful preparation can ma.e the discovery of truth difficult# $he )urisprudence cited by the ,'C in its order denyin! petitionerZs

123

motion for a formal investi!ation applies to appointive officials and employees# Administrative disciplinary proceedin!s a!ainst elective !overnment officials are not exactly similar to those a!ainst appointive officials# ,n fact, the provisions that apply to elective local officials are separate and distinct from appointive !overnment officers and employees# $his can be !leaned from the 'ocal Covernment +ode itself# o ,n the 'ocal Covernment +ode, the entire $itle ,, of Boo. , of the +ode is devoted to elective officials# ,t provides for their *ualifications and election, 75 vacancies and succession, 7= local le!islation, 7< disciplinary actions, 76 and recall# 77 Appointive officers and employees are covered in $itle ,,, of Boo. , of the +ode entitled V6uman Resources and evelopment#V All matters pertinent to human resources and development in local !overnment units are re!ulated by Vthe civil service law and such rules and re!ulations and other issuances promul!ated thereto, unless otherwise provided in the +ode#V 7: $he Vinvesti!ation and ad)udication of administrative complaints a!ainst appointive local officials and employees as well as their suspension and removalV are Vin accordance with the civil service law and rules and other pertinent laws,V the results of which Vshall be reported to the +ivil -ervice +ommission#V 7; E) Admin disciplining a4ns v. appointive offs.00 ,t is the Administrative +ode of /@E9, specifically Boo. H on the +ivil -ervice, that primarily !overns appointive officials and employees# $heir *ualifications are set forth in the Omnibus Rules ,mplementin! Boo. H of the said +ode# $he !rounds for administrative disciplinary action in Boo. H are much more in number and are specific than those enumerated in the 'ocal Covernment +ode a!ainst elective local officials# :F $he disciplinin! authority in such actions is the +ivil -ervice +ommission# :1 althou!h the -ecretaries and heads of a!encies and instrumentalities, provinces, cities and municipalities are also !iven the power to investi!ate and decide disciplinary actions a!ainst officers and employees under their )urisdiction# :4 2hen a complaint is filed and the respondent answers, he must Vindicate whether or not he elects a formal investi!ation if his answer is not considered satisfactory#V :5 ,f the officer or employee elects a formal investi!ation, the direct evidence for the complainant and the respondent VconsistTsU of the sworn statement and documents submitted in support of the complaint and answer, as the case may be, without pre)udice to the presentation of additional evidence deemed necessary # # #, upon which the crossDexamination by respondent and the complainant, respectively, is based#V := $he investi!ation is conducted without adherin! to the technical rules applicable in )udicial proceedin!s#V :< Foreover, the appointive official or employee may be removed or dismissed summarily if 0/1 the char!e is serious and the evidence of !uilt is stron!K 051 when the respondent is a recidivistK and 0>1 when the respondent is notoriously undesirable# :6 1?) +s on removal and suspension of elec loc offs M/+. stringent. DD $he provisions for administrative disciplinary actions a!ainst elective local officials are mar.edly different from appointive officials# :7 $he rules on the removal and suspension of elective local officials are more strin!ent# $he procedure of re*uirin! position papers in lieu of a hearin! in administrative cases is expressly allowed with respect to appointive officials but not to those elected# An elective official, elected by popular vote, is directly responsible to the community that elected him# $he official has a definite term of office fixed by law which is relatively of short duration# -uspension and removal from office

definitely affects and shortens this term of office# 2hen an elective official is suspended or removed, the people are deprived of the services of the man they had elected# ,mplicit in the ri!ht of suffra!e is that the people are entitled to the services of the elective official of their choice# :: -uspension and removal are thus imposed only after the elective official is accorded his ri!hts and the evidence a!ainst him stron!ly dictates their imposition# D'# 'p)'nar* a,n -2 appo'nt'-e )o off# an$ ee# o 1) Admin discipline.D,nvesti! and ad)udication of admin complaints v# appointive loc offs and ees and their suspension and removal in accordance w/ +- law and Rs and other laws o results of admin investi!ations rpted to +-+ o 2) -&+# E<# "reventive uspension of Appointive 2ocal /fficials and .mployees# D 0a1 $he local chief executives may preventively suspend for a period not exceedin! sixty 0;81 days any subordinate official or employee under his authority pendin! investi!ation if the char!e a!ainst such official or employee involves dishonesty, oppression or !rave misconduct or ne!lect in the performance of duty, or if there is reason to believe that the respondent is !uilty of the char!es which would warrant his removal from the service# o 0b1 ?pon expiration of the preventive suspension, the suspended official or employee shall be automatically reinstated in office without pre)udice to the continuation of the administrative proceedin!s a!ainst him until its termination# ,f the delay in the proceedin!s of the case is due to the fault, ne!lect or re*uest of the respondent, the time of the delay shall not be counted in computin! the period of suspension herein provided# o -) -&+# E;# Administrative 8nvestigation# D ,n any local !overnment unit, administrative investi!ation may be conducted by a person or a committee duly authori4ed by the local chief executive# -aid person or committee shall conduct hearin!s on the cases brou!ht a!ainst appointive local officials and employees and submit their findin!s and recommendations to the local chief executive concerned within fifteen 0/<1 days from the conclusion of the hearin!s# $he administrative cases herein mentioned shall be decided within ninety 0@81 days from the time the respondent is formally notified of the char!es# o 5) -&+# E9# &isciplinary =urisdiction# D &xcept as otherwise provided by law, the local chief executive may impose the penalty of removal from service, demotion in ran., suspension for not more than one 0/1 year without pay, fine in an amount not exceedin! six 0;1 monthsZ salary, or reprimand and otherwise discipline subordinate officials and employees under his )urisdiction# ,f the penalty imposed is suspension without pay for not more than thirty 0>81 days, his decision shall be final# ,f the penalty imposed is heavier than suspension of thirty 0>81 days, the decision shall be appealable to the +ivil -ervice +ommission, which shall decide the appeal within thirty 0>81 days from receipt thereof# o <) -&+# EE# .4ecution "ending Appeal# D An appeal shall not prevent the execution of a decision of removal or suspension of a respondentDappellant# ,n case the respondentDappellant is exonerated, he shall be reinstated to his position with all the ri!hts and privile!es appurtenant thereto from the time he had been deprived thereof#

124

D'# 'p)'nar* D of the CSC o +-+, li.e +omelec and +OA 3 constil comm# invested by +onsti and relevants w/ auth to admin +- and A7 powers 0A@DB, -/0/1 o 6as auth to hear and decide admin disciplinary cases instituted directly w/ it/brou!ht to it on appeal 0P E89, -@0)1 and enforce/order exec of decisions, resolns/orders o Auth of a trib/a!ency to decide cases inutile ?N'&-- includes auth to execute )du!emnt it renders, ?N'&-- law provides otherwise 0C-,v# +-+1 o 1) Appellate = over admin disciplinary cases.D +-+ decide upon appeal all admin disciplinary cases involvin! impo of penalty of suspension S>8d, or fine in amt exceedin! >8ds salary, demotion in ran./salary/transfer, removal/dismissal fr ofc o complaint may be filed directly w/ +omm by priv cit v# !ovt off/eehear and decide case/deputi4e any dept/a!ency/off/!rp to conduct investi! o results of investi! submitted to +omm w/ recomm as to penalty to be imposed/other axn ta.en o -<, R=>" fin orders/resolns of +omm appealable to +A thru pet for rvw o 2) = of heads of depts., agencies and instrumentalities.Dheads of depts#, a!encies>E and instrumentalities, provs, cities and munis have 7 to investi! and decide matters involvin! disciplinary axn v# ofcers and ees under their 7 >@ o their decisions finc if penalty imposed is suspension NO$ S>8d/fine in amt NO$ exceedin! >8ds salary o decision rendered by bureau/ofc head appealable to +omm, initially appealed to dept and finally to +omm and pendin! appeal 3 executory & when penaltys removal executory ON'( after confirmation by dept head 07acinto v# +A1 o -) 8nvestig by regional dir$similar off.D investi! may be entrusted by re!ional dir/similar offs wholl ma.e nec rpt and recomm to chief of bureau/ofc/dept w/in the pd o 5) .4ec of decision pending appeal. Rappeal -6AN$ stop decision fr bein! executory, in case penalty of suspension/removal" resp considered as havin! been under preventive suspension durin! pendency of appeal if he wins 0P E89, ->91 o <) +econ of a fin and e4ec decision %/6 allo#ed.D +-+ has NO power/auth to reconsider decision thats become fin and exec &H&N if it later discovers its
38 39 +-+ 3 a!ency w/in purview of law 2R$ ees 0&nri*ue v# +A1

P E89, ->90b1" power to discipline !ranted by -=9, Admin +ode to heads of depts#, a!encies and instrumentalities, provs and cities# Power to commence admin proceedin!s v# subordinate ofcer/ee !ranted by ->=, Omnibus Rs ,mplementin! B. < to sec of dept, head of ofc of e*uiv ran., head of 'C?, chief of a!ency, re!ional dir/person w/ sworn written complaint 0Carcia v# Pa)aro1 Ofcer/ee NO$ entitled to be informed of findin!s and recomms of investi! committee created to in*uire into char!es v# him# &ntitled ON'( to admin decision based on subst evid made of rec and reasonable opp to meet char!es and evid v# him durin! hearin!s of committee 0Rui4 v# rilon1 +har!e v# resp in admin case need NO$ be drafted w/ precision of info in crim prosec# -uff hes apprised of substance of char!eK controllin!" alle! of acts complained of, NO$ desi! of offense 0 adubo v# +-+1

)ud!ments erroneous o doctrine of finality of judgment B /ce a decision becomes fin and exec, its removed fr power and 7 of ct w/c rendered it to further alter/amend/revo.e it 3 applies to A7As o !rounded on fund consids of pub policy and sound prac" at the ris. of occasional error, )ud!ments of cts must become fin at some def date fixe by law 0Farcayda v# +-+1 o Manda % correct rem to enforce order of +Omm thats become fin and exec 0?P v# Re!ino1 o Resort to sum proceedin!s NO lon!er allowed 0RA <<=> repealed -=8, P E89 0in -<8, +h;, subtitle A, title ,, B. <, Admin +ode1" resort to sum proceedin!s by disciplinin! auth done w/ utmost ob)ectivity and impartiality to end NO in)ust committedK C-,- v# +A" to extent -=8, P E89 dispenses w/ need to inform resp ee of char!es v# him and w/ need to accord him reasonable opp to meet them by presentin! his defs and evid in support, -=8 suffers fr constil vice as constitutin!a deprivation of procedural P# ,nvalid under both !en P 0A>, -/1 and !uarantee of P to +-+ ofcers and ees 0A@DB, -50>11 )) "o#er to terminate employmentH acad freedom of instis of higher learning. Das corp entities, educlinstis of hi!her learnin! are endowed w/ rt to est policies, acad and otherwise, unhampered by ext conts/pressure o have acad freedom to det for itself on acad !rounds who may teach, what may be tau!ht, how and who may be admitted to study o freedom encompasses autonomy to choose who should teach and concomitant, who should be retained in rolls of profs and other acad personnel :" v. ' '! +omm has NO auth to force ?P to dismiss mem of faculty &H&N in !uise of enforcin! +- Rs 0on leaves1 o By optin! to retain priv pet and promotin! him despite absence w/o leave, ?niv was exerin! freedom to choose who may teach/who may conti to o &ven in li!ht of prov of Rev +-', resp +-+ has NO auth to dictate to ?P the outrt dismissal of its personnel o Bmr +O?' N$ have done so w/o tramplin! upon latters constilally enshrined acad freedom o 'hang v. ' '! +-+ ,-N$ coDman/surro!ate admin of !ovt ofces and a!encies Bxns and auth limited to approvin!/rvwin! apptments to det their accordance w/ re*ts of +-' On its own +-+, O&-N$ have power to terminate employment/drop wor.ers fr rolls

Appea) "* p a$-er#e)* affe te$ "* the $e '#'on o Appeals, #here allo#able, shall be made by p adversely affected by decision 0P E89, ->@a1 o ,nterpreted by -+ as referrin! to !ovt ee v# whomadmin case is filed for purpose of disciplinary axn w/c may ta.e form of suspension,d emotion in ran./salary, transfer, removal/dismissal fr ofc o 'aw O&-N$ contemplate rvw of decisions exoneratin! ofcers/ees fr admin char!es o Rem of appeal availed of only where respsfound !uilty of char!es

125

filed v# him 0Fende4 v# +-+ @@1 ,n admin disciplinary cases, )ud!ment of exonerations NO$ appealable ' ' v. &acoycoy! -+ overruled prior decisions holdin! +-' O&-N$ contemplate rvw of decisions exoneratin! ofcers and ees fr admin char!es o +A=8 re*d pet who was meted out penalty of dismissal fr serv, to implead +-+ as pub resp, as !ovt a!ency tas.ed w/ duty to enforce constil and stat provs on +o +A reversed +-+ decision and held pet NO$ !uilty of nepotism o -+ held since +-+s become p adversely affected by such rulin! w/c seriously pre)udices +- sys, as an a!!rieved p, it may appeal decision fo +A to -+ B?$ in an admin case, complainants a F&R& witness o NO priv int involved as offense is committed v# !ovt o +omplainant, NO$ bein! p adversely affected by decision declarin! resp NO$ !uilty of char!e, hasNO le! pers to interpose an appeal & where resp failed to A the appeal o

W+$ra.a) of o(p)a'nt -2 re#p o esistance of complainant O&-N$ preclude/bar ta.in! of disciplinary axn v# ofcer/ee o N&,$6&R does it warrant dismissal of admin case v# him/dissuade ct fr imposin! appropriate disciplinary/corrective sanction o /1 +rim andadmin cases involvin! misconduct, nonfeasance, misfeasance/malfeasance in ofc of ofcers and ees are of paramount pub int o complaints v# them +AN$ )ust be w/drawn at any time by complainant o NO$ priv in nature o ,mpressed w/pub int for they relate to pub ofc, w/c is a pub trust that exacts fr 6 actability to ppl and demands utmost resp, inte!, loyalty and eff 0Briones v# +aniya1 o 51 w/drawal of complaint O&-N$ have le! effect of exoneratin! resp fr misconduct, malfeasance/misfeasance v# pub ofcer/ee o +AN$ )ust be w/drawn anytime by complainant :cause theresa need to maintain faith and confid of pp in !ovt, a!encies and instrumentalities o Proceedin!s in such case NO$ made to depend on whims and caprices of complainants who are only witnesses 0&strellar v# Fanatad 7r1 o >1 CR" +ts l. w/disfavorupon retractions of testims previously !iven in ct o R applies to crimes and admin offenses o Reason" affids of retraction can easily be secured fr poor and i!norant witnesses, usu thru intim/for monetary condi o an!erous R" cts to re)ect testims solemnly ta.en before cts of )ust :cause witnesses who !ave them later chan!ed their mind -uch R would ma.e solemn trials a moc.ery and place
40 Rev Admin +irc /D@< 07une /, @<1" )ud!ments/fin orders of A7As li.e +-+ may be appealed to +A w/in /<d fr notice# Before that, )ud!ments/fin orders of +-+ were sub) ON'( to cert 7 of -+# B?$ a -+A for cert may be brou!ht to -+ by a!!rieved w/in >8d fr receipt of decision, order/rulin! of +omm as in -9Da, A@ 0Fathay 7r v# +-+1

investi! of truth at mercy of unscrupulous witnesses Affid of desistance NO$ bindin! on Ofc of Ombudsman and -+ 2ON$ interfere w/ his exer of his constilally mandated investi!atory and prosecutory powers 0'o*uias v# Ofc of Ombudsman 58881 o 2here admin case +AN$ proceed w/o active coopn of complainant, ct may find itself w/ NO alt B?$ to dismiss complaint 0 a!saDan v# +ona! /@@E1 Ce##at'on fr of of re#p o :cause of death/retirement O&-N$ warrant dismissal of admin comoplaint filed v# him while still in serv/render it moot andacad o ret of )ud!e/)ud ofcer fr serv O&-N$ preclude findin! of admin liab to w/c answerable o 7 of -+ at time of filin! of admin complaint NO$ lost by F&R& fact resp pub off ceased in ofcdurin! pendency of case 0+orte4 v# -oria1 o 9allo v. 'ordero! 7 ours at time of filin! of admin complaint NO$ lost by F&R& fact resp pub off ceased in ofc durin! pendency of case# +t retains 7 to pronounce resp pub off inn of char!es/declare him !uilty# +ontrary R would be frau!ht w/ in)ust and pre! w/ dreadful and dan!erous implications# ,f inn, resp pub off merits vindication of name and inte! as he leaves !ovt w/c hes served well and faithfullyK if !uilty, deserves to rcv censure and penalty under the sit o Pro e$!re 'n a$('n a#e# -2 non>Pre#) appo'ntee# P E89 0+- ec1 and &O 5@5 0Admin +ode of E91 -ec# >E# "rocedure in Administrative 'ases Against %on0"residential Appointees. 0 0a1 Administrative proceedin!s may be commenced a!ainst a subordinate officer or employee by the head of department or office of e*uivalent ran., or head of local !overnment, or chiefs of a!encies, or re!ional directors, or upon sworn, written complaint of any other persons# 0b1 ,n the case of a complaint filed by any other persons, the complaint shall submit sworn statements coverin! his testimony and those of his witnesses to!ether with his documentary evidence# ,f on the basis of such papers a prima facie case is found not to exist, the disciplinin! authority shall dismiss the case# ,f a prima facie case exists, he shall notify the respondent in writin!, of the char!es a!ainst the latter, to which shall be attached copies of the complaint, sworn statements and other documents submitted, and the respondent shall be allowed not less than seventyDtwo hours after receipt of the complaint to answer the char!es in writin! under oath, to!ether with supportin! sworn statements and documents, in which he shall indicate whether or not he elects a formal investi!ation if his answer is not considered satisfactory, if the answer is found satisfactory, the disciplinin! authority shall dismiss the case# 0c1 Althou!h a respondent does not re*uest a formal investi!ation, one shall nevertheless be conducted when from the alle!ations of the complaint and the answer of the respondent, includin! the supportin! documents, the merits of the case cannot be decided )udiciously without conductin! such an investi!ation# 0d1 $he investi!ation shall be held not earlier than five days nor later than ten days from the date of receipt of respondentZs answer by the disciplinin! authority, and shall be finished within thirty days from the filin! of the char!es, unless the period is extended by the +ommission in meritorious cases# $he decision shall be

126

rendered by the disciplinin! authority within thirty days from the termination of the investi!ation or submission of the report of the investi!ator, which report shall be submitted within fifteen days from the conclusion of the investi!ation# <Dday R bar in conductin! admin investi!s an indispensable procedure in admin investi! that enables ps to explore possibility of clarifyin! probs/misunderstandin!s and accords therein ade*uate time to prepare suitable def in case NO settlements obtained# 0+asuela v# Ofc of Ombudsman1 0e1 $he direct evidence for the complainant and the respondent shall consist of the sworn statement and documents submitted in support of the complaint or answer, as the case may be, without pre)udice to the presentation of additional evidence deemed necessary but was unavailable at the time of the filin! of the complaint or answer, upon which the crossDexamination, by respondent and the complainant, respectively, shall be based# Bollowin! crossDexamination, there may be redirect and recrossDexamination# 0f1 &ither party may avail himself of the services of counsel and may re*uire the attendance of witnesses and the production of documentary evidence in his favor throu!h the compulsory process of subpoena or subpoena duces tecum. 0!1 $he investi!ation shall be conducted only for the purpose of ascertainin! the truth and without necessarily adherin! to technical rules applicable in )udicial proceedin!s# ,t shall be conducted by the disciplinin! authority concerned or his authori4ed representative# $he phrase Sany other partyS shall be understood to be a complainant other than those referred to in subsection 0a1 hereof# -ec# >@# Appeals. 0 0a1 Appeals, where allowable, shall be made by the party adversely affected by the decision =/ within fifteen days from receipt of the decision unless a petition shall be decided within fifteen days# Notice of the appeal shall be filed with the disciplinin! office, which shall forward the records of the case, to!ether with the notice of appeal, with its comment, if any# $he notice of appeal shall specifically state the date of the decision appealed from and the date of receipt thereof# ,t shall also specifically set forth clearly the !rounds relied upon for exceptin! from the decision# 0b1 A petition for reconsideration shall be based only on any of the followin! !rounds" 0/1 new evidence has been discovered which materially affects the decision renderedK 051 the decision is not supported by the evidence on recordK or 0>1 errors of law or irre!ularities have been committed pre)udicial to the interest of the respondent" "rovided, $hat only one petition for reconsideration shall be entertained# &O 5;DA, 0,ed by Pres Oct 9,@5 prescribin! procedures and sanctions to ensure speedy dispo of admin cases, fully implement admin procedure prescribed by B. 9, Admin +ode of E9, to be observed by all !ovt As inc depts, bureaus, boards, ofces, comms and similar bodies1" 1) "d for deciding cases on incidents.D o a1 ?N'&-- diff pd is fixed by sp law, all contested cases/incidents o o

o
41

,nterpreted by -+ as resp in admin case# ON'( resp, NO$ complainant, can appeal fr F-PB decision 0Fendo4a v# +-+1

decided w/in >8d fr date of submission for resoln pursuant to -/=, +h>, B.9, Admin +ode of E9 o b1 2here ofcers axns ON'( recommendatory to his immediate superior/head ofc, he shall submit his recomm w/in 58d fr date of submission ofcase/incident for resoln# Approvin! ofcer shall have /8d fr submission fo recomm to decide case/incident o c1 +ase/incident deemed submitted for resoln upon expiration of pd for filin! memo, pos paper/last pleadin! re*d of ps o d1 &very ofcer char!ed w/ resoln of cases/incidents shall submit to his immediate superior, head of ofc/ofcer exerin! admin super over him, w/in /8d ff end of every mo, sworn tatement of &ispo of 'ases declarin! all cases/incidents submitted to him for resoln have been decided w/ prescribed pd o e1 ON'( / FR shall be allowed, w/c shall be decided w/in /<d fr date of submission for resoln# NO other pleadin! allowed O$6&R than FR and oppo thereto o f1 +ases and incidents pendin! resoln upon effectivity of this &O shall be decided w/in >8d fr effectivity of this &O# o !1 salary of any ofcer who fails to submit -tatement of ispo of +ases w/in prescribed pd shall be/cause to be w/held by head of ofc/immediate super :til said ofcer complies w/ par d# $his is w/o pre)udice to impo of other appropriate penalties as may be provided by law, Rs and Rs 2) Abbreviation of proceedings.DAll admin a!encies are directed to adopt and include in their respective Rs of Procedure the ff provs" o a1 Rs encoura!in! ps and their counsels to enter into A+, compromise and arbit in accordance w/ -/8, +h>, B.9, Admin +doe of E9K o b1 Rs adoptin!, ?N'&-- otherwise provided by sp laws and w/o pre)udice to -/5, +h>, B.9, Admin +ode, the manda use of affids in lieu of dir testims and preferred use of depos whenever practicable and convenient o c1 Rs re*uirin! ps, ?N'&-- otherwise provided by sp laws, to submit in addn to memo pos paper/last pleadin! re*d of them, a draft of the decision they see., statin! clearly and distinctly the facts and law upon w/c its based# Bf termination of hearin!/trial, ofcer, board/comm# char!ed w/ resolvin! case may, after considerin! and appreciatin! applicable laws, Rs and Rs and evid submitted, adopt, in whole/part, either of the ps draft decisions/re)ect both# $his re*t shall li.ewise be applied to motions/applis for orders other than the fin )ud!mentK and o d1 Rs avoidin! postponements of hearin!s/trials and other dilatory tactics w/c the ps/their counsels mi!ht employ# Admin a!encies shall adopt the fore!oin! Rs NO$ later than =<d fr effectivity of &O 5;# -) Applicability.Din accordance w/ -5, +h/, B.9, Admin +ode, these re!ns shall, ?N'&-- otherwise provided by sp laws, apply to !ovt a!encies, inc any dept, bureau, board, ofc, comm#, auth/ofcer of NC authori4ed by law/&O to ad)udicate cases o these re!ns -6AN$ apply to +on!, 7ud, +on+oms, mil estabs in all matters relatin! exclusively to AB personnel, Board of Pardons and parole and state univs and colls#

127

Mer't S*#te(# Protn Boar$ o P /=8@=5 creates a Ferit -ys Board in +-+ composed of +omm and 5 associated +omms who are appted by the +- +ommissioner 0who serves as &xec Ofcer1 o 6ave same *ualns as R$+ )ud!e and may be removed ON'( for cause as provided by law o Admin +ode of E9 0&O 5@51 renamed board as F-PB composed of chairman and 5 mems o ,ntended to be an ofc of the +omm, part of its internal struc andor!n 0Rubenecia v# +-+1 o 1) "o#ers and f4ns.DBoard has ff" o a1 hear and decideadmin cases involvin! ofcers and ees of +-# ecision fin & those involvin! dismissal/sepn fr the serv appealedto +omm o b1 hear and decide cases brou!ht before it by ofcers and ees who feel a!!rieved by detn of appointin! auths involvin! personnel axns and violns of merit sys# ecision of Board fin & those involvin! div chiefs/offs of hi!her ran.sappealed to +omm o c1 directly ta.e co!ni4ance of complaints affectin! fxns of +omm, those w/c are unacted upon by a!encies, and other complaints w/c re*uiredir axn by Board in int of )ustK o d1 admin oaths, , subpoena and duces tecum, ta.e testim in any investi!/in*uiry, punish for contempt in accordance w/ same procedures and penalties prescribed in RO+K and o e1 promul!ate Rs and Rs carry out fxns of Board sub) to approval of +omm 0B.<, $itle /, -ubtitle A, ch >, -/;051# 2here penalty by FP-B/ A O/short of dismissal/where pos levs below iv +hief, appeal ,-N$ a matter of rt# Crant of pet for rvw discretionary on part of +ommK 6&N+&, pet may be dismissed outrt for lac. of merit# Rvw by +omm may be motu proprio/by way of pet/re*uest for rvw# &rrors of )ud!ments, AO' and/or CA may be raised in pet1 o 2) Appellate = of ' '.D7 of Board exclusive, 6&N+&, +-+ +AN$ ta.e ori! co!ni4ance of cases specified & in cas specified under -@0)1 of +- ec w/c directly !ives the power to hear and decide admin disciplinary cases instituted directly w/ it in accordance w/ ->9/brou!ht to it on appeal => o +omms NO$ w/o power# o As fin arbiter on any matter concernin! personnel axn in !ovt, its empowered by law to rvw decisions of Board o 6eld that under ec, +omm has NO appellate 7 over Boards decisions exoneratin! ofcers and ees fr admin char!es as it O&-N$
42

o o

contemplate rvw of those decisions Axiomatic" rt to appeals F&R&'( a stat priv and may be exerd ON'( in manner and in accordance w/ prov sof law 0Navarro v# +-+1 Remedy of appeal may be availed of ON'( in case where resp pub ofcer/ees found !uilty of char!e v# him

Pre-ent'-e #!#pen#'on o 1) ;inds B 5 .inds of P- of +- ees char!ed w/ offenses punishable by removal/suspension" o a1 preventive suspension pendin! investi! and o b1 Ppendin! appeal if penalty imposed by As suspension/dismissal and, after rvw, resps exonerated 0Cloria v# +A1 o 2) " pending investig.Dproper A may preventively suspend any subordinate ofcer/ee under his auth pendin! investi!, if char!e v# him involves dishonesty, oppression/!rave misconduct/ne!lect in perf of duty, OR if there are reasons to believe that resps !uilty of char!es w/c would warrant removal fr serv 0P E89, -=/, &O 5@5, -</1 o under this prov, desi! of replacements NO$ a re*t to !ive effect to P0Facalinca! v# +han!1 o a) "urpose of suspension.DNO$6,NC improper in suspendin! an ofcer/ee before char!es v# him are heard and before hes !iven opp to prove innocence/file ans to admin complaint 0Hera v# Carcia1 o purpose of suspension pendene lites to prevent ofcer/ee fr usin! his pos and powers and preros of ofc to intimidate/in any way inf potential witnesses/destroy/tamper w/ recs w/c may be vital in prosec of case v# him 0Pimentel v# Carchitorena1 o immatl no evid adduced to prove resp pub ofcer may inf possible witnesses/tamper w/ pub recs suff possibility 0+astilloD+o v# Barbers1 o b1 P- not violative of +onsti as NO$ penalty and suspended ofcer/ee remains entitled to constil presum of inn since culpability must be estabd 0Con4a!a v# -an!ian1 since NO$ penalty, can be decreed on off under investi! after char!es brou!ht before char!es heard o c1 if investi! NO$ finished and decision NO$ rendered w/in pd, suspension lifted and resp automatically reinstated after investi! resp found inn and exonerated 3 reinstated 0Cloria v# +A1 o -) +t to comp #here ee e4onerated.D -><, +- Act of <@ 0RA 55;81 provided for payment of salaries in exoneration o B?$ revised in 9< and prov on payment of salaries durin! suspension deleted in -=5, +iv -erv ec 0P E891==
44 -ec# =5# 2ifting of "reventive uspension "ending Administrative 8nvestigation. 0 2hen the administrative case a!ainst the officer or employee under preventive suspension is not finally decided by the disciplinin! authority within the period of ninety 0@81 days after the date of suspension of the respondent who is not a presidential appointee, the respondent shall be automatically reinstated in the service" "rovided, $hat when the delay in the disposition of the case is due to the fault, ne!li!ence or petition of the respondent, the period of delay shall not be counted in computin! the period of suspension herein provided#

repealed -/@0;1, P E89 !ivin! power of rvw by Ofc of Pres % Foreno v# &dralin# Prov !ives to *ualified nxt in ran. ee rt to appeal initially to dept head and finally to Pres an apptment made
43

->90b1, P E89 and P /=8@ vest concurrent ori! 7 over disciplinary matters to +omm and Board 2R$ offs and ees connected w/ +omm % &nrri*ue v# +A# R" 2hen law bestows upon a !ovt body 7 to hear and decide cases over spec matters, its to be presumed such 7 is exc ?N'&-- its proved that another bodys li.ewise vested w/ the same 7, in w/c case both bodies have concurrent 7 % C-,v# +-+

128

Prov reproduced in -<5, pres +-' 0&O 5@51 -5=, Ombudsman Act of E@ 0RA ;9981 provides P- shall be w/o pay a1 purpose of amendment" disallow payment of salaries for pd of suspension NO comp due for pd of P- pendin! investi! B?$ only for pd of suspension pendin! appeal in event ees exonerated Boundl iable for lesser offense 3 NO$ exoneration 0Acosta v# +A1 Prevailin! precept" pub off NO$ entitled to comp for serv NO$ actly rendered ?N'&-- suspended ees later declared totally inn of char!es 0-ales v# Fathay 7r1 o b1 NO$ enou!h ees exonerated of char!es suspension F?-$ be un)ustified P- of +- ees char!ed w/ dishonesty, oppression/!rave misconduct/ne!lect of duty authori4ed by +-' +AN$ be un)ustified &H&N if char!es later dismissed to )ustify payment of salaries -acrifice w/c holdin! pub ofcre*uires for pub !ood 'imited to @8d ?N'&-- delay in conc of investi!s due to ee After pd" &H&N if investi! NO$ finished, law provides ee automatically reinstated o c1 RA ;9/< provides for payment of ees of full B2s, inc of allowances and other benes/monetary e*uiv computed fr time comp w/held :til time of actual reinstatement Pub sector" prov for payment of salaries durin! P- pendin! investi! deleted o d1 -5>, ,R of B. <, &O 5@5 and other +- laws" in violns of reasonable ofc Rs and Rs 0absent w/o leave1, / st offense punishable by reprimand !iven bac. salaries durin! suspension 5) " pending appeal.Dees entitled to comp for pd of suspension pendin! appeal if found inn o a1 P- pendin! investi! 3 NO$ penalty B?$ means of enablin! A to conduct unhampererd investi! o P- pendin! appeal % punitive althou!h in effect, considered ille! if resps exonerated and admin decision findin! him !uilty reversed Reinstated w/ full pay for pd of suspension -=90=1, +-'" resp considered under P- durin! pendency of appeal in event he wins +onviction affirmed/NO$ exonerated" pd of suspension becomes part of fin penalty of suspension/dismissal o b1 :cause resps penali4ed before sent confirmed he should be paid salaries if exonerated un)ust to deprive of pay as a result of immediate exec of decision even after shown hes inn to sustain !ovts th would ma.e admin decision B,N and exec o c1 Admin +ode 0B.<, $itle /, -ubtitle A, -=5T5U" decision of dept sec confirmin! dismissal of ee under 7 executory &H&N pendin! appeal since dismissal order valid and effective :til modified/set aside 3 intervenin! pd where ee NO$ permitted to wor. O&-N$ o o o

amt to un)ustified suspension 0Acosta v# +A1 <) uspension fr ofc under 1-, +A -?1E, manda.D AntiDCraft and +orrupt Pracs Act" accused pub off suspended fr ofc while crim prosec pendin! in ct o applies to all indicted on valid infor 2ON appointive/elective, perma/temp/careerDnonDcareer o ofc 3 any ofc ofcer mi!ht concurrently be holdin!, NO$ necessarily ofc under w/c char!ed o crim prosec NO$ abated by reelec 0'ibanan v# -andi!an1 o P- manda after detn of validity of info 0Con4a!a v# -andi!an1 'aw !rantin! power to preventively suspend pub offs facin! admin char!es procedural stat, NO$ penal o R" penal stats strictly construed Procedural liberal 'aw O&-N$ re*uire !uilt of accused estabd in preDsuspension proceedin! before trial on merits o OR contemplate proceedin! to det" /# -tren!th of evid of culpability 5# Cravity of offense ># 2ON continance could inf witnesses/threat to safety of recs o 7?-$ secures to accused ade*uate opp to challen!e validity/re!ularity of proceedin!s v# him li.e NO$ afforded rt to P,/acts imputed to him ON$ consti spec crime warrantin! manda suspension/info sub) to *uashal 0R//9, ->1 )) "recondi for suspension.Dimpo of suspensions NO$ auto/selfDoperative o existence of valid info detd at preDsuspension hearin! o in accord w/ spirit of law, considerin! serious cons*uencees of pub off before conviction and demands of pub int for speety detn of ,s o purpose of preDsuspension hearin!" det validity of info and furnish ct w/ basis to suspend and proceed w/ trial/refuse and dismiss/correct any part accused should be !iven ade*uate opp to challen!e validity of crimproc 0NO$ afforded rt to due P,, etc1 o /ce proper detn of validity of info" ministerial duty of ct to , order of Po NO discretion to hold in abeyance suspension :cuase order denyin! is F$A is pendin! rvw 0-e!ovia v# -andi!an1 ,) &uration of suspension.Dpreventive suspension may NO$ be for indef pd/unreasonable len!th of timeraise As of denial fo p and 3 protn of laws 0-ocrates v# -andi!an1 o a1 duration of P- coe*ual w/ pd prescribed for decidin! admin disciplinary cases case decided before @8d" suspension last O NO$" suspension +AN$ exceed max 0Bolasti! v# -andi!an1 o b1 when admin ase v# ofcer/ee under P- NO$ finally decided by A w/in pd of @8d after date of suspension of resp whos NO$ a presl appointee=<, resp shall be automatically reinstated ins erv B?$ pd may be interrupted

45

Pd may NO$ apply strictly to presl appointees B?$ ps limited to reasonable pd 0Carcia v# &xec -ec" immediate reinstatement to pos whose P- for 9mos unreasonable1

129

o o

2hend elay in dispo of case due to fault, ne!/pet of resp, pd of dealy NO$ counted in computin! pd of suspension 0P E89, -=51 o c1 ee exonerated NO$ entitled to payment of salaries :cause suspension, bein! authori4ed by law, +AN$ be un)ustified to be entitled to comp, ee must be found inn of char!es and suspension un)ustified thou!h ee considered under P- durin! pendency of appeal, if win 3 suspension un)stuified :cause what law authori4es is P- for NO$ S@8d beyond 3 ille! ee entitled to reinstatement w/ full pay )uris" award NO$ exceed <y pay at rate last rcved before suspension *) 8n the case of mems of the "%".D -=9, RA ;@9<" suspension fr ofc of mem char!ed w/ !rave offense where penaltys ;y/d/more 3 last :til termination of case o suspension +AN$ be lifted before termination althou!h trial NO$ terminated w/in that pd +-' and ,R applicable to PNP ON'( insofar as NO$ inconsistent w/ RA 06ima!an v# Pp1 E) 2oc elec offs.Dshorter pd of ;8d prscribed under -;>, RA 9/;8/'C+, as max pd for Po )ustifiable :cause resps elected by pp and ON'y ordered after ,s )oined prelim re*ts and exchan!es completed and resp filed counterD affids to affids of complainant and witnesses 0'astimosa v# Has*ue41 limit pd of suspension imposed by mayor, !ov/Pres who may be motivated by partisan potl consid Ombudsman" impose lon!er pd of P- 3 NO$ li.ely similarly motivated :cause of is constil body 0Carcia v# Fo)ica1 1?) "resl appointees and other elec offs.D P- initially )ustified under circs may raise P A if contid for unreasonable len!th of time o &H&N if off ac*uitted, rt to hold ofc nullified, such where in)ust suffered by him o Cuise of P-" term of ofc shortened and removed w/o findin! of cause duly estabd after hearin! in violn of +onsti o Prin applies to elec offs" in)ust li.ewise on pp who elected andentitled to their servs for their choice o +onstility of P- debatable where pub offs a +on!man 11) uspension imposed by /mbudsman.D-5=, RA ;998, Ombudsman/deputy may suspend under certain condis ofcer/ee under his auth=; pendin! investi! and P- conti :til case terminated by Ofc B?$ NO$ S ;mos, w/o pay, & when delay in dispo of case due to his fault, ne!/pet of respNO$ counted in pd of suspension o lon!er pd of ;mos for P- induced by desire to emphasi4e and

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implement auth of Ofc over pub offs and ees to enable it to perf mission under +onsti 0'astimosa v# Has*ue41 len!th of pd of suspension w/in ;mo limit by s5=, RA ;998, li.e evaln of stren!th of evid, lies in discretion of Ombudsman 0+astillo v# Barbers# Order of Ofc in admin disciplinary case imposin! penalty of pub censure/reprimand, suspension O/mo/fine NO$ e*uiv to /mos salary 3 fin and unappealable and immediately executory# ,f pd of suspension /mo/lon!er 3 affected pub ofcer appeal to -+# -uspension order stayed pendin! % -59, RA ;99811 12) "rior notice and hearing %/6 re3d.DP- Not penalty so prior notice and hearin! NO$ re*d o prelim step in admin investi! o after" char!es estabd and person investi!ated found !uilty 3 removed/dismissed 0Nera v# Carcia1 1-) Mems of 'ong covered by +A -?1E.Dorder of suspension by RA >8/@ distinct fr power of +on! to discipline own ran.s under -/;0>1, A;" 6ouse may det Rs of proceedins, punish Fems for disorderly beh and, w/ concurrence of 5/>, suspend/expel a Fem# Penalty of suspension NO$ exceed ;8d1 o suspension punitive and imposed upon detn by -enate/6ouse on errin! mem suspension in -/>, RA >8/@ NO$ penalty B?$ prelim preventive meas imposed for misbeh on resp as Fem of +on! doctrine of sepn of powers NO$ effectively excluded mems of +on! fr RA >8/@/sanctions o simply reco!ni4es ea of > coDe*ual and indep, coordinate, branches of !ovt % 'e!is, &xec and 7ud % has exc preros and con!ni4ance w/in own sphere of inf and prevents / br fr unduly intrudin! into internal affairs of either o RA >8/@ O&-N$ exclude fr covera!e +on! o -andi!an has auth to dec suspension 0-antia!o v# -andi!an1

46

A over all elec and appointive offs of !ovt inc +ab & offs removed by impeachment/)ud 0-5/1# +ondis" evid of !uilt stron!, and char!es involve dishonesty, oppression, !rave misdoncut/ne!lect of duty or char!es warrant removal/resps contid stay in ofc may pre)udice case 0-5=1

Re(o-a) an$ #!#pen#'on $'#t'ng$ o 1) &uration.Dexerd as incident to power to remove 3 power to suspend NO$ broader than power to w/c its ancillary o in effect, diff bet power to remove and suspend of de! o suspension % *ualified expulsion constis temp/perma disenfranchisement ad interim stoppa!e/arrest of off power and pay 0'acson v# Ro*ue1 o suspension to conti :til fin dispo of crim prosec 3 virtual removal" case mi!ht dra! as lon! as remainder of tenure of ofc o 2) %ature.Dimposed durin! pd of admin investi! 3 NO$ penalty o meas of protn so ofcer may be separated fr scene of misfeasance to insure impartial investi! o distinct fr admin penalty of removal o -) 6ime of impo.Dsuspension NO$ penalty % imposed on resp durin! investi! &H&N before heard o dismissal % penalty meted at termination of investi!/fin dispo 0Be)a v# +A# law on suspension/removal strictly construed and auth to must be exerd w/ CB 3 NO$ ordin pub off B?$ chosen b ythe pp thru exer of suffra!e" power to suspend and NO$ remove 3 +AN$

130

manipulate law % Pablico v# Hillapando1 S he$ of a$('n pena)t'e# o +-+ adopted sched for admin offenses under P E89 and RA ;9/> classified into !rave, less and li!ht 0+-+ Femo +irc >8, /@E@1 o A# Penalties for Crave Offenses o 1) &ismissal!

a1

ishonesty=9

b1 Cross ne!lect of duty=E c1 Crave misconduct=@ d1 Bein! notoriously undesirable d1 +onviction of a crime involvin! moral turpitude<8

47

?se of falsified docus attestin! ees !rads when NO$ ma.e them administrartively liable for dishonesty thru use of falsified docus 0'umancas v# ,ntas1 ishonesty is a !rave offense penali4ed by dismissal under -ection 5> of Rule Q,H of the Omnibus Rules ,mplementin! Boo. H of the Administrative +ode of /@E9# ?nder -ection @ of the same Rule, the penalty of dismissal carries with it Vcancellation of eli!ibility, forfeiture of leave credits and retirement benefits, and the dis*ualification for reemployment in the !overnment service#V 0'umi*ued v# &xevea1 48 denotes a fla!rant and culpable refusal or unwillin!ness of a person to perform a duty#@ $he +ourt has cate!ori4ed the followin! as constitutive of the grave offense of 9ross %eglect of &uty" ne!li!ence in the prosecution of cases and malicious delay in the administration of )ustice by a police officer,/8 act of provincial warden in retainin! a prisoner in his custody without authority and )ust cause instead of sendin! him to the Funtinlupa penitentiary,// failure to transcribe steno!raphic notes of /E cases which dated as far bac. as /@95, /5 failure of a )ud!e to decide a case within a period fixed by law, /> and exertin! undue influence by a deputy cler. of court on a )ud!e in the disposition of cases pendin! before the court#/= 0Phil Retirement Auth v# Rupa1 ,n the absence of substantial evidence of !ross ne!lect of petitioner, administrative liability could not be based on the principle of command responsibility#/9 a head of a department or a superior officer shall not be civilly liable for the wron!ful acts, omissions of duty, ne!li!ence, or misfeasance of his subordinates, unless he has actually authori4ed by written order the specific act or misconduct complained of#/E 0Principe v# BactDBindin! ,ntell Bureau1 ,f off who has command resps exonerated upon investi!, NO reason to hold subordinate ff orders probably !uilty 0+abahu! v# Pp1 49 Fisconduct % wron!ful, improper#unlawfu conduct motivated by premeditated, obstinate/intentional purpose 0+anson v# Carchitorena1 Crave % elem of corruption, clear intent to violate law/fla!rant disre of estabd R manifest 0'andrito v# +-+1 7ud!e" Bor serious misconduct to warrant dismissal from the service, there must be reliable evidence showin! that the )udicial acts complained of were corrupt or inspired by an intention to violate the law# ,t must 0/1 be serious, important, wei!hty, momentary, and not triflin!K 051 imply wron!ful intention and not mere error of )ud!mentK and 0>1 have a direct relation to and be connected with the performance of his official duties#V// ,n this case, the acts complained of 0facilitatin! employment of minors as CROs1 are not connected with the performance of respondentZs official dutiesK thus, they cannot be considered serious or !ross misconduct# 6owever, such acts are violations of the +ode of 7udicial +onduct, specifically +anon 5 which states that VTaU )ud!e should avoid impropriety and the appearance of impropriety in all activities#V 6owever, such acts are violations of the +ode of 7udicial +onduct, specifically +anon 5 which states that VTaU )ud!e should avoid impropriety and the appearance of impropriety in all activities#V 0NB, v# Hillanueva1 50 Wari v# Blores" ,t implies somethin! immoral in itself, re!ardless of the fact that it is punishable by law or not# ,t must not merely be mala prohibita but, the act itself must be

f1 Balsification of off docu !1 Phys/mental incap/disabil due to vicious habits h1 en!a!in!, directly/indirectly, in partisan potl activies by holdin! nonDpotl ofc i1 rcvin! for pers use of fee, !ift/other valuable thin! in course of off duties/in conn when such is !iven by person in hope/expectation of rcvin! favor/btter treatment than others/commitacts punishable under !raft laws )1 contract loans of money/other prop fr persons w/ whom ofc of ee has bus relns .# solicit/accept directly/indirectly !ift, !ratuity, favor, entertainment, loan/anythin! of monetary value w/c in the course of his off duties/in conn w/ any opn bein! re!ulated by/any transaxn w/c may be affected by fxns of his ofc# Propriety/impropriety detd by value, .inship/rel bet !iver and rcver and motivation# $hin! of monetary value is evidently/manifestly excessive by nature 0RA ;9/>1 /# disloyalty to RP and Bil pp 0RA1 5# -uspension fr ;m/dD/y for /st offense and dismissal for 5nd o a# oppression o b# dis!raceful and immoral conduct o c# ineff and incompetence in perf of off duties 0&smeraldaDBaroy v# Peralta1 o d# fre*uest unauthori4ed absences/tardiness in rptin! for duty, loafin!/fre*uent unauthori4ed absences fr duty durin! re! ofc hrs</ o e# refusal to perf off duty o f# !ross insubordination o !# conduct !rossly pre)udicial to best int of serv 0Canaden v# Bolasco1 o h# directly/indirectly havin! fin and mat lint in any transaxn re*uirin! approval of ofc# 7in and mat lint % pecuniary/proprietary int by w/c a person will !ain/lose somethin! 0RA fr here1 o i# ownin!, controllin!, mana!in! or acceptin! employment as officer, employee, consultant, counsel, bro.er, a!ent, trustee, or nominee in any private enterprise re!ulated, supervised or licensed by his office, unless expressly allowed by lawK

inherently immoral# $he doin! of the act itself, and not its prohibition by statute fixes the moral turpitude# 1< Foral turpitude does not, however, include such acts as are not of themselves immoral but whose ille!ality lies in the fact of their bein! positively prohibited# +t Admin v# -an Andres" detn of 2ON crime involves moral turpitude AOB and depends on all circs surroundin! violn# +onviction for violn of Bouncin! +hec.s law where accused deliberately ,ed worthless chec. imports deceit and relates to !ood moral char# ,R O&-N$ 51

131

)# &n!a!in! in the private practice of his profession unless authori4ed by the +onstitution, law or re!ulation, provided that such practice will not conflict or tend to conflict with his official functionsK .# isclosin! or misusin! confidential or classified information officially .nown to him by reason of his office and not made available to the public, to further his private interests or !ive undue advanta!e to anyone, or to pre)udice the public interestK l# Obtainin! or usin! any statement filed under the +ode for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the !eneral publicK

connections inc sps and unmarried chil under /E livin! in their householdsK and .# Bailure to resi!n from his position in the private business enterprise within thirty 0>81 days from assumption of public office when conflict of interest arises, and/or failure to divest himself of his shareholdin!s or interests in private business enterprise within sixty 0;81 days from such assumption of public office when conflict of interest arises, the official or employee must either resi!n or divest himself of said interests within the periods hereinDabove provided, rec.oned from the date when the conflict of interest had arisen# +# Penalties for 'i!ht Offenses o /1 Reprimand for /st offense, suspension fr /d to >8 for 5nd and dismissal for >rd" b# discourtesty in the course of off duties<< c# improper/unauthori4ed soliciation of contris fr subordinate ees and teachers/sch offs fr sch chil d# violn of reasonable ofc Rs and Rs e# !amblin! prohibited by law !# dis!raceful, immoral/dishonest conduct prior to enterin! serv h# Borrowin! money by superior ofcers fr subordinates/lendin! by subordinates to superior ofcers i# 'endin! money at usurious rates of int )# 2ilful failure to pay )ust debts/willful failure to pay taxes due to !ovt .# Pursuit of priv bus, vocation/prof w/o permission re*d by +- Rs and re!ns l# 'obbyin! for pers int/!ain in le!is halls and ofces w/o auth m# Promotin! sale of tix in behalf of priv enterprises NO$ intended for charitable/pub welfarepurposes and even , flatter cases if theres NO prior authK and n# Bailure to act promptly on letters and re*uest within fifteen 0/<1 days from receipt, except as otherwise provided in these RulesK 0RA onwards1 o# Bailure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in these RulesK p# Bailure to attend to anyone who wants to avail himself of the services of the office, or to act promptly and expeditiously on public personal transactionsK dishonesty, !raft and corruption and malversation of pub funds 3 decided w/in /8d fr filin!

a# ne!lect of duty<=

B# Penalties for 'ess Crave Offenses o /1 suspension fr /m/dD;m for /st offense and idsmissal for 5nd"

a# simple ne!lect of duty<5 b# simple misconduct c# !ross discourtesy in course of off duties d# !ross violn of existin! +-' and Rs of serious nature e# insubordination<> f# habitual drun.enness !# nepotism as defined in -=@, P E89 h# Recommendin! any person to any position in a private enterprise which has a re!ular or pendin! official transaction with his office, unless such recommendation or referral is mandated by 0/1 law, or 051 international a!reements, commitment and obli!ation, or as part of the functions of his officeK 0RA onwards1 i# ?nfair discrimination in renderin! public service due to party affiliation or preferenceK )# Bailure to file sworn statements of assets, liabilities and net worth and disclosure of business interests and financial

52

Phil Ret Auth v# Rupa" imple %eglect of &uty, however, si!nifies a disre!ard of a duty resultin! from carelessness or indifference#/< $he +ourt has decided the followin!, inter alia, as constitutin! the less grave offense of imple %eglect of &uty " delay in the transmittal of court records,/; delay in respondin! to written *ueries, and delay of more than one 0/1 year and seven 091 months in furnishin! a party with a copy of the courtZs decision#/9 As can be !leaned from the fore!oin! cases, mere delay in the performance of onePs function has been consistently considered as a less grave offense of simple neglect of duty, punishable by suspension #ithout pay for one (1) month and one (1) day to si4 ()) months #/E Ne! NO$ synonymous w/ ne!lect of duty# Ne! % deficiency of perception/failure to pay proper attention and due dil in foreseein! impendin! in)/dama!e 0Cuillen v# +onstantino1 Pertains to failuire to observe care a reasonably prudence and careful would use under similar circs 0Re Rpt on 7ud Audit1 53 2illful/intentional disre of some lawful and reasonable instrucs of er

54

failure of ee to !ive attention to tas. expected of him# +ensurable under +- Rs 0Phil ret Auth1 55 branch +O+ shoutin! at wor.place durin! wor. hrs % disrespect to ct too# Covt serv pplD oriented and belli!erent beh NO$ allowed# 0 e 'una v# Ricon1

132

# ,mpo and etn of Penalties o /# P E89" forced resi! instead of dismissalK transfer, demo/fine instead of suspension /m/dD/yK fine instead of suspension /dD/m o 5# RA ;9/>" only / penalty for ea case / admin case 0//more char!es/counts1 o ># ,n detn, mit and a!! considered resp !uilty of 5/more char!es, penalty imposed correspondin! to most serious char!e an rest a!! 5nd/>rd off 3 need not be same previously committed 0P E89, -=>1 &# Accessory Penalties o /# ismissal carry cancellation of eli!ibility, forfeiture of leave credits and ret benes, dis*ualns for reemployment in !ovt serv 0previous admin misconduct removed by elec" pp for!ave misconductK accessory penalty of dis*ualn to hold pub ofc refer ON'( to appointive pub ofces1 o 5# Borced resi! carry forfeiture of leave credits and ret benes, dis*ualn for employment in C- for /y resi! contains condis of dis*ualn re reemployment in class of pos 3 resp dis*ualified pub ofcer/ee already administratively penali4ed NO$ barto conviction under !en penal laws 0P E89, ->51 B# Removal of Admin Penalties/ isabils o Feritorious cases upon recomm of +-+" Pres commute/remove admin penalties/disabils imposed upon ofcers/ees in disciplinary cases, sub) to terms and condis he may impose in int of serv 0P E89, -=>1

The San$'gan"a*an o 1) 'ases subj to its =.D/@9> +onsti" BP directed to create anti!raft ct o sp ct mandated by new +onsti to conti to fxn and exer 7 as provided by law 0now and hereafter1 o created by P /;8; as amended by RA 9@=< and E5=@ o exers exc ori! 7 over" a1 violns of RA >8/@ and />9@ b1 crimes committed by pub ofcers and ees embraced in $itle E, RP+ 0bribery, malversation of pub funds1 c1 other offenses/felonies 0simple/complexed w/ other crimes1 committed by pub ofcers and ees in reln to their ofc, where penalty prescribed by laws hi!her than prision correccional/imprisonment for ;y/a fine of P;. d1 civ and crim cases filed pursuant to and in conn w/ &O /, 5, /= and /=Da ,ed in E;
RA 9@9< and E5=@" -andi!an partly lost exc ori! 7 in cases involvin! violns of RA >8/@, />9@ and +h 5, -9, RP+ 05/8D 5/51 Retains ON'( cases where accused are in -=a, P /;8; and natl and loc offs classified as !rade 59 and up under ;9<E 7 over other offenses/felonies committed by pub offs and ees in reln to ofc NO lon!er detd by prescribed penalty 0Pp v# Fa!allanes1

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7 over cases in a, b, c where //more of accused are offs occupyin! positions in !ovt, whether in perma, actin!/interim cap, at time of commission of offense" o a1 offs of exec br occupyin! positions of re!ional dir and hi!her/classified as !rade 59 and hi!her, of +omp and Pos +lassn Act of E@, specifically inc" /1 provl !ovs, HCs, mems of -P and provl treasurers, assessors, en!rs and other provl dept heads 51 city mayors, HFs, mems of -P, city treas, assessors, en!rs and other city dept heads >1 offs of diplomatic army and air force colonels, naval capts and all ofcers of hi!her ran. <1 ofcers of PNP while occupyin! pos of provl dir and those holdin! ran. of sr superintendent/hi!her ;1 city an dprovl prosecutors and their assts, and offs and prosecutors in Ofc of Ombudsman and sp prosecutor o b1 Pres, dirs/trustees/mans of CO++s, state univs/educl instis/foundations o c1 Fems of +on! and offs classified as Crade 59 and up under Act o d1 Fems of )ud w/o pre)udice to provs of +onsti o e1 +hairmen and mems of +oncoms w/o pre)udice to provs of +onsti o f1 all other natl and loc offs classified as Crade 559 and hi!her under Act priv indivs char!ed as coprins, accomplices/accessories w/ pub ofcers/ees, inc employed in CO++s 3 tried )ointly w/ them in proper cts 0-andi!an/ordin cts1 3 exer exc 7 over them -) = of ordin cts.DNON& of accused are occupyin! positions correspondin! to -alary Crade 59/hi!her, as prescribed in RA ;9<E/mil and PNP ofcers 3 exc ori! 7 vested in proper R$+, F$+/F+$+, pursuant to 7s as provided in BP /5@ andigan exer exc appellate 7 over fin )ud!ments, resolns/orders of R$+ whether in the exer of their own 7/of their appellate 7 ,n absence of any alle! that the offense char!ed was necessarily connected w/ dischar!e of duties/fxns of pub ofcer, ordin ct, NO$ -andi!an, has 7 to hear and decide case o +ontrollin! ,-N$ Gcommitted in reln to pub ofcM appears in info ets 7 of -andi!anM spec factual alle! in ,nfo what would indicate close intimacy bet dischar!e of accuseds off duties and comm# of offense char!ed in order to *ualify crime as havin! been committed in reln to pub ofc Reln bet crime and ofc F?-$ be dir and NO$ accidental 3 reln has to be such that, in the le! sense offense +AN$ exist w/o the ofc Furder/homi may be committed by pub ofcers and priv cits and pub ofc ,-N$ a constitutive elem 0-oller v# -andi!an1

2) /ffs and priv indivs subj to its =.D -=a, b, P

/;8;" -andi!an exer exc ori!

The O("!$#(an o 1) "o#ers, f4ns and duties of the /mbudsman.D E9 +onsti directly creates indep ofc of Ombudsman .nown as $anodbayan o 0a1 ,nvesti!ate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or a!ency, when such act or omission appears to be ille!al, un)ust,

133

improper or inefficient# 0held to include investi! and prosec of any crime

committed by a pub off re!ardless of 2ON the acts/omissions complained of are related to/connected w//arose fr the perf of his off duty# &nou!h act 0rape, murder1 was committed by pub off 0 eloso v# omin!o1 Ombudsmans !iven the power to investi! on its own an ille! act/omission of a pub off 0A!uinaldo v# -andi!an1

penalties attached to impeachment are F&R&'( incidental to primary intention of protectin! pp as a body politic 0-inco1

0b1 irect any off to perform and expedite any act or duty re*uired by law, or to stop, prevent, and correct any abuse or impropriety in the performance of dutiesK 0c1 irect the officer concerned to ta.e appropriate action a!ainst a public off/employee at fault and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure compliance therewithK 0power of Ombudsman to investi! distinct fr power
to suspend preventively errin! pub ofcer also Fo)ica1 eputy Ombudsman 0Carcia v#

0d1 etermine the causes of inefficiency, red tape, mismana!ement, fraud, and corruption in the !overnment and ma.e recommendations for their elimination and the observance of hi!h standards of ethics and efficiencyK 0+onsti, A//, -/>1 2) offs subj to /mbudsman and disciplinary auth.D preventively suspend all elective and appointive offs of Covt and subdivs, instrumentalities and As inc mems of +ab, 'Cs, CO++s and their subsides, & over offs who may be removed ON'( by impeachment/over mems of +on! and the 7ud 0RA ;998,
-5/# AE, -;" exclusively vests in -+ admin super over all cts and ct personnel# Priv indivs char!ed as coDprins, acco/acce w/ pub ofcers/ees 3 tried )ointly 0A4arcon v# -andi!an1

B* a"o)'t'on of of o CR" +on! may abolish any ofc it creates 2O infrin!in! upon rts of ofcer/ee affected o Power to abolish ofces may be exercised by Pres/'Cs when its been dele!ated to them/by the pp themselves when they amend the +onsti o Power of +on! to abolish ofc may be exerd anytime and &H&N while ofc is occupied by duly elected/appointed incumbent for theres NO obli! on +on!/pp to conti a useless ofc for the sa.e of the person who may be in possession o Absent constil prohi 0AE, -5# NO law passed reor!ani4in! 7ud when undermines secu of mems1 3 an ofc created by +on! may be abolished by it durin! the term of an incumbent o By abolishin! pub ofc, +on! -N$ deprive the incumbent of any constil rts for he has NO contractual rt/prop int in the ofc Accepts it w/ understandin! it may be abolished anytime, and tenure of ofc ,-N$ protected by constil prov w/c prohis impairment of obli! of contract o Bund prin afforded to +- ees v# removal & for cause as provided by law -N$ prot them v# abolition of positions held by them in absence of other prov expressly/impliedly prohibitin! abolition 0+astillo v# Pa)o1 What on#t'# a"o)'t'on o $here F?-$H& been intention to do away w/ it wholly and permanently 0Busacay v# Buenaventura1 o 2here NO intention by muni council to abolish ofc, F&R& chan!e in ran./desi! 0s!tcorporal to conform to new le!is1 0RA /;81 -N$ amt to abolition A'$6O?C6 positions erroneously called s!t in bud!et when it -6O?' H & been corporal o NO abolition where poss same / fmrly held A'$6O?C6 it bears a diff name 0&nciso v# Remo1 o $o remove an ofcers to oust him fr ofc before expiration of his term, and implies ofc exists after ouster 0Fanalan! v# Auitoriano1 o $ransferrin! certain muni ees fr / div/dept to another indicates an intention to maintain positions fr w/c theyre transferred, RA$6&R than to abolish them 0Cacho v# Osmena1 Re(o-a) fr of an$ ter('nat'on "* a"o)'t'on of an of $'#t$ R&FOHA' theres an ofc w/ an occupant whod thereby lose his pos D impolies that post subsists and/s F&R&'( separated therefr $&RF,NA$,ON B( H,R$?& OB ABO',$,ON OB OB+ -N$ involve/mean removal D after abolition, theres in law NO occupant

Ofc of Ombudsmans the only body authori4ed to investi! &H&N offs removable by impeachment

B* '(pea h(ent AR$,+'& Q, % A++O?N$AB,',$( OB P?B',+ OBB,+&RSe t'on 4# $he President, the HiceDPresident, the Fembers of the -upreme +ourt, the Fembers of the +onstitutional +ommissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the +onstitution, treason, bribery, !raft and corruption, other hi!h crimes, or betrayal of public trust# All other public officers and employees may be removed from office as provided by law, but not by impeachment# Se t'on 52 819 $he 6ouse of Representatives shall have the exclusive power to initiate all cases of impeachment while the -enate sits as a ct for the trial of impeachment cases# 879 7ud!ment in cases of impeachment shall not extend further than removal from office and dis*ualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and sub)ect to prosecution, trial, and punishment, accordin! to law# Mng an$ p!rpo#e of '(pea h(ent o /1 8mpeachment % meth of natl in*uest into the conduct of pub men 0$he Bederalist1 o 51 purpose" prot pp fr off delin*uencies/malfeasances o primarily intended for protn of state, NO$ for punishment of offender

there can be NO tenure to a

134

&BB&+$

nonDexistent ofc D A of any impairment of secu of tenure when theres abolition of an ofc -N$ arise D rt disappeared w/ abolished ofc as an accessory ff the prin 0Arao v# luspo1 NO distinction 3 devoid of si!nificance

the V*ualified personnelV of the latter, not their transfer to the former# 5) Mng of personnel in comm. parlance.00 in common parlance, the word VpersonnelV is used !enerally to refer to the subordinate officials or clerical employees of an office or enterprise, not to the mana!ers, directors or heads thereof#

,''?-$RA$,H& +A-&" Mana)ang -2 1!'tor'ano /@<= &ir of a 1ureau #$c #as abolished claims that he #as illegally removed by virtue of failure to appoint him head of the ne# ofc #$c replaced the abolished 1ureau. 7acts! o F contests title of incumbent +omm of Natl &mployment serv and see.s to ta.e possession as person entitled o F was ir of Placement Bureau, an ofc created by &O >@5 o RA 9;/ was passed abolishin! Placement Bureau and creatin! Natl &mployment -erv o Act provides transfer of *ualified personnel fr Placement Bureau to Natl &mployment -erv o A was desi!nated by Pres to become Actin! +omm of -erv o esi! NO2 assailed by F as ille! and e*uiv to his removal fr ofc w/o )ust cause 8ssue! o 2ON theres been removal of F w/o )ust cause Held! NO o 1) +emoval imiplies ofc e4ists after ouster. DD petitioner has never been +ommissioner of the National &mployment -ervice and, hence, he could not have been, and has not been removed therefrom# -econdly, to remove an officer is to oust him from office before the expiration of his term# A removal implies that the office exists after the ouster# -uch is not the case of petitioner herein, for Republic Act No# 9;/ expressly abolished the Placement Bureau, and, by implication, the office of director thereof, which, obviously, cannot exist without said Bureau# o 2) +t to ofc is e4tingd by its abolition.00 By the abolition of the latter and of said office, the ri!ht thereto of its incumbent, petitioner herein, was necessarily extin!uished thereby# Accordin!ly, the constitutional mandate to the effect that Vno officer or employee in the civil service shall be removed or suspended except for cause as provided by lawV 0Art# Q,,, -ec# =, Phil# +onst#1, is not in point, for there has been neither a removal nor a suspension of petitioner Fanalan!, but an abolition of his former office of irector of the Placement Bureau, which, admittedly, is within the power of +on!ress to underta.e by le!islation# o -) Aualified personnel #ere transferred to a ne# ofc.00 this transfer connotes that the National &mployment -ervice is different and distinct from the Placement Bureau, for a thin! may be transferred only from one place to another, not to the same place# 6ad +on!ress intended the National &mployment -ervice to be a mere amplification or enlar!ement of the Placement Bureau, Republic Act No# 9;/ would have directed the retention of

A"o)'t'on (!#t NOT on#t' re(o-a) .+o a!#e o Abolition of pos held by pub ofcer/ee -N$ involve removal fr ofc absence of potl/pers motivation and where theres reasonable !round for abolishin! pos 0li.e insuff of funds for other nec purposes1 3 ofcer/ee, althou!h a civ eli!ible, has NO rt to demand he be .ept on the payroll 0 omin!o v# Pascual1 o NO such thin! as absolute rt to hold ofc o & constil ofces w/c provide for sp immunity as re salary and tenureNO/ has any vested rt in an ofc/salary 0Natl 'and $itles and eeds Re!n Admin v# +-+1 o & to valid exer of power to abolish positions" when abolitions done in BB, as when purpose is to dischar!e incumbent in violn of +-' 0Alipio v# Rodri!ue41 o ,f abolition void 3 incumbents deemed N&H&R to have ceased to hold ofc o R" a valid and bona fide abolition of an ofc w/in the competence of a le!it body denies to an incumbent the rt to secu of tenure 0 ela 'lana v# Alba1 o R" abolition of an ofc -N$ amt to an ille! removal/sepn of its incumbent o Prin" in order to be valid, the abolition F?-$ be made in" o /# CB 0ibid1 5# NO$ for pers/potl reasons/in order to circument the incumbents secu of tenure AN ># NO$ implemented in violn of law 0Ro*ue v# &ricta1 o abolition F?-$ be done in accordance w/ law o where sp law specifically prohis abolition/prescribes procedure/manner for abolition of certain ofc 3 F?-$ be strictly ffed 0Ocampo v# u*ue1 o &xs of circs showin! CB" o /# Bor reason of econ, where fxns of abolished pos of Funi +ler. were li!ht and simple and could readily be absorbed by other existin! ofces, and NO/ was appointed in his place, NOR was a new pos created 0Arao v# 'uspo1 o 5# 2here pos of asst provl assessor was abolished :cause of a hu!e deficit and duties of pos w/c could be dispensed w/ were performed by others 0'lanto v# imaporo1 o ># 2here fxns of old ofc were ta.en over by new ofc created to replace it, w/c new ofc A'-O t. over the fxns of other ofces that had been li.ewise absorbed by it 0Fanalan! v# Auitoriano1 Ter('nat'on thr! reorgn o +eorgn % when theres an alteration of the existin! struc of !ovt ofces/units therein, inc lines of cont, auth and resp bet them o to promote !reater efficiency, o to remove redundancy of fxns/ o to effect econ and ma.e it more responsive to needs of their pub

135

o
o

clientele may result in loss of /s pos thru removal/abolition of an ofc 0abolition % ofc
ceases to existK deactivation % ofc contis fo existK B?$ both reor!n measures 8B!E)o$ ng @a.an'ng EIIB -2 Ca(ora9

reor!n of !ovt may be re*d by law independently of spec constil authori4ation o li.e abolition of ofc, F?-$ be based on valid purpose li.e promo of efficiency and econ in !ovt thru prunin! of ofces/streamlinin! of fxns o to be valid, it F?-$ also be done in CB w/ an eye to achievin! its avowed ob)s w/o resultin! in the removal/reshufflin! w/o causeo f +- ees in violn of their constil rt to secu of tenure 0 ario v# Fison" sepn
arisin! fr abolition of ofc NO$ by virtue of +onsti 3 !ovts obli!ed to prove CBK removals in compliance w/ clear and explicit mandate of +onsti 3 !ovt need NO$ prove anythin!# Bla*uera v# +-+" if reor!n, ouster and apptment of successorsmade in BB 3 reor!n invalid1

findin! reor!n was done in BB F?-$ be supported by subst evid o lac. of CB +AN$ be assumed casually since CBs presumed o B?$ where abolished ofc created in its place have similar fxns 3 abolition lac.s CB o Prin" an abolition w/c F&R& chan!es the nomenclature of a poss invalid and -N$ result in removal of incumbent 0?P BOR v# Ra4ul1 o 2here ofc is abolished and replaced w/ anoterh ofc vested w/ similar fxns 3 abolitions a le! nullity 8Canon'Aa$o -2 Ag!'rre9<6

,''?-$RA$,H& +A-& Br'one# -2 O#(ena Dr /@<= Abolition of muni positions #as made as a mere subterfuge for removal 7acts! o Bs a +ler.D-teno at the Ofc of the +ity FayorK Rs an Admin Ofcer in the same ofc o Funi Board approved ordin abolishin! /< positions in +ity Fayors ofc and /9 in Ofc of Funi Board o Amon! were those occupied by B and Rprotested o Resp Fayor O" persisted in terminatin! servs L resp +ity $reas and +ity Auditor refused to pay their salaries after termination 3 B and R filed pet for reinstatement, bac. salaries, moral dama!es and attys fees o +B, of +ebu" in their favordeclared the abolition of their ofces null and void for lac. of approval of ept 6ead, as re*d by +irc of Apr >, <=, and by &O
56 RA ;;<; 0Act to Prot -O$ of +- Ofcers and &es in ,mplementation of Covt Reor!n1 0a1 2here there is a si!nificant increase in the number of positions in the new staffin! pattern of the department or a!ency concernedKchan robles virtual law library 0b1 2here an office is abolished and other performin! substantially the same functions is createdK 0c1 2here incumbents are replaced by those less *ualified in terms of status of appointment, performance and meritK 0d1 2here there is a reclassification of offices in the department or a!ency concerned and the reclassified offices perform substantially the same function as the ori!inal officesK 0e1 2here the removal violates the order of separation provided in -ection > hereof#

<8;, series of /@>= o Resp appealed o 8ssue! 2ON the '+ erred in its )ud! Held! o NO o 1) 1 and + #ere removed #$o just cause.D reasons !iven for abolition of positions 0alle!ed to be econ and efficiency1 are untrue, and consti a F&R& subterfu!e for their removal w/o cause in violn of secu of +- tenure as provided by the +onsti o 2) 'reation of -< ne# positions belied by reasons for abolition. RB and R served in ofc of the Fayor of +ebu since +ommwealth days, before warK their eff and merit has been attested by repeated and constant promos and incs in salaryK R was &H&N proclaimed Fodel &eK and )ust a short time before abolition of their positions, resps created for the ofc of the +ity of the Fayor >< new positions callin! for an outlay of P;E,/88 pa, P;./mo, the excuse of promotin! efficiency and econ transparent and unimpressive o -) 'iv erv eligibles H/:2&%(6 be left at the mercy of potl changes. Rdecent respect for +- provs of our +onsti dictates +- eli!ibles li.e B and R who rendered lon! and honorable serv, -6O?' N$ be sacrificed in favor of nonD eli!ibles !iven positions of recent creation/left at mercy of potl chan!es o while abolition of ofc -N$ imply removal of incumbent, Rs true ON'( where abolitions made in CBK rt to abolish +AN$ be used to dischar!e ees in violn of +-'/exerd for pers/potl reasons B* on-' t'on of r'(e o when penalties of perpetual/temp absolute/temp dis*ualn are imposed upon conviction of crime, termination of off relns results 3 / of the efx of impo of penalties under A>8 and >/, RP+ is deprivation of pub ofc/employment w/c offender may have held, &H&N if conferred by popular elec 0pardon by pres o o necessarily vacates pub ofc held b y offender o reinstatement should ff ac*uittal +ec" conviction for crime involvin! moral turpitude is !round for disciplinary axn 0P E89, ->;0/81
-N$ restore rt to hold pub ofc ?N'&-- such is expressly restored by terms of pardon1

,''?-$RA$,H& +A-& Pp -2 Con#'gna /@;< 't ordered reinstatement, after ac3uittal of crim charge of ee, 1:6 ' '(s decision found him guilty, ordering his removal. 7acts! o +, prop cler. in Ofc of iv of -uperintendent of -chs, was ac*uitted by crime of malversation of !ovt prop o Provl fiscal moved for recon of portion fo decision orderin! reinstatement of + and payment of salary durin! suspension, invo.!in in support decision fo +om of +- in admin case findin! +, upon same facts alle!ed in info v# him, !uilty of !ross ne! and orderin! his removal fr ofc o +t eliminated part of decision w/c directed payment of salary durin! pd of suspension B?$ left undisturbed part w/c ordered reinstatement 8ssue!

136

2ON $+, besides, ac*uittin! + for absolute lac. of evid, had the auth to order his reinstatement Held! o (&o 1) 't(s #$o po#er to order payment of bacK salaries in ase of ac3uittal.00 $he -tate, invo.in! our decision in People vs# aleon, C# R# No# 'D/<;>8 promul!ated on Farch 5=, /@;/ and others, claims that the trial court had no such authority for the reason that the only issue )oined by +onsi!naZs plea of not !uilty is whether or not he had committed the crime char!ed in the information, and such bein! the case, the only proper )ud!ment that the trial court could render is either one of ac*uittal or of conviction, in the latter case, with the proper indemnity to the in)ured party and the accessories provided by law# o the decision of the +ommissioner is not bindin! upon the courts# ?pon the other hand, it is also settled that under the information filed a!ainst +onsi!na, he could have been convicted not only of the willful offense expressly char!ed therein but also of the same offense of malversation throu!h ne!li!ence# o 2) 'onviction necessarilyi results in dismissal.00 Accordin! to Article 5/9 of the Revised Penal +ode, a party found !uilty of malversation of public funds shall be punished with imprisonment and the additional penalty of special perpetual dis*ualification# ,t is clearly inferable from this that his conviction necessarily results in his dismissal from the public office he occupied at the time he committed the offense# On the other hand, the preventive suspension of +onsi!na followed his indictment for the crime of malversation, and this was later followed by an order for his dismissal as a result of the administrative investi!ation to which he was sub)ected even while the criminal case for malversation was pendin! in court# o -) Admin investig H/:2&>. #aited for result of crim case. DD althou!h this administrative investi!ation was started after the filin! of the criminal case, +onsi!naZs administrative superiors went ahead with said investi!ation R which ended with an order for his dismissal R instead of waitin! for the result of the criminal case# Vthe least that could be done is to restore to him the office and post of which he had been ille!ally deprived # # #Vto remedy the evil and wron! committed and to fully accomplish the vindication to which he is entitled# o 5) &aleon case 8 %6 controlling. DD $he case of People vs# aleon, /// Phil# ><E, Farch 5=, /@;/ R upon which appellant relies R is not controllin! in the present, because our rulin! in the former was simply to the effect that, upon ac*uittin! one char!ed with malversation of public funds, the court has no authority to order payment of his salaries correspondin! to the period of his suspension because his ri!ht to the same was not involved in the case# o <) +einstatement should ff ac3uittal.00 $his rulin! does not apply to defendantZs ri!ht R in case of ac*uittal R to reinstatement to the position he was occupyin! at the time of his suspension, because, as we have said heretofore, this matter would seem to be involved in the case of malversation R albeit as a mere incident R because conviction of the offense char!ed results necessarily in a denial of such ri!ht to reinstatement in view of the penalty of dis*ualification provided by law# ,f this is the inevitable result of conviction, reinstatement should also follow ac*uittal# %ote! o aleon case" crim axn for malversation, where accused ac*uitted, $+ w/o o

power to order payment of salary durin! pd of suspension# Reason" ON'( , )oined by plead of NO$ !uiltys 2ON accused committed crime char!ed in info# ON'( )ud! cts le!ally authori4ed to renders ac*uittal/conviction w/ indemnity to in)ured p and accessory penalties provided for by law o 2hile accused ac*uitted of malversation may claim payment of bac. salaries durin! pd of suspension and reinstatement, relief lies NO$ in crimcase where ac*uitted B?$ in proper admin/civ axn prescribed by law What on#t'# on-' t'on o 'onviction appearin! in constil/stat provs providin! for removal/dis*ualn fr pub ofc of ofcer convicted 3 conviction in $+ o +t findin! of !uilty beyond reasonable doubt ffed by )ud! upholdin! and implementin! such findin! o Plea of !uilty accepted by a ct w/ sent amts to conviction callin! for removal of ofcer/dischar!e of pub ee o $o consti conviction" o ad)ud of !uilt by plea/verdict AN o )ud! whether it imposes a sent/suspends it o some instances" verdict alone suff to consti conviction w/in prov involved o lac./absence of proof beyond reasonable doubt -N$ mean absence of evid for theres another class of evid in w/c thou!h insuff to est !uilt beyond reasonable doubt, is ade*uate in civ cases 3 preponderance of evid o admin proceedin!s" subst evid R 3 mrerely re*uires suh relevant evid as a reasonable mind mi!ht accept as ade*uate to support a conc o dismissal of crim case on !round of insuff of evid -N$ foreclose admin axn v# accused pub ofcer 0O+A v# &nri*ue1 Ef, of par$on o /1 pardon !ranted after conviction frees indiv fr all penalties and le! disabils and restores him to all his civ rts o ?N'&-- rt to pub ofc 0or rt of suffra!e1 is expressly restored by pardon/nless its expressly !rounded on persons innocence 0rare1 3 pardon & %6 ipso facto restore a convicted felon to pub ofc 0RP+, A>;1 o 51 person pardoned may apply for reapptment to ofc w/c was forfeited by reason of his conviction and under!o the usu procedure re*d for a new apptment o in considerin! *ualns and suitability for pub ofc, facts constitutin! his offense F?-$ be evaluated and ta.en into acct to det ultimately 2ON he can /ce a!ain be entrusted w/ pub funds/prop o >1 pardon of pub ofcer F&R&'( removes dis*ualn fr holdin! pub employment B?$ +AN$ !o beyond that o pub ofc is a pub trust o restoration of rt to hold pub ofc to / whos lost rt by reason of conviction in crim case B?$ subse*uently pardoned, +AN$ be left to inference B?$ F?-$ be stated in express, explicit and positive lan! o =1 pardon & %6 e4ting civ liab of grantee arising fr crime hes been convicted of o civ liab arisin! fr crime !overned by RP+ 0A/88D//>1

137

subsists NO$2-$AN ,NC serv of sent, or for any reason the sent ,-N$ served by pardon, amnesty/commutation of sent may ON'( be extin!d by some causes reco!ni4ed in the ++ 0Fonsanto
v# Bactoran" pardon implies !uilt# -N$ erase fact of comm# of crime and conviction 3 for!iveness, NO$ for!etfulness1

B* re a)) o by this procedure, elective off may be removed anytime durin! term by vote of pp at elec called for purpose/at !en elec o +onsti" +on! mandated to provide in 'C+ effective mech of recall of loc offs 0+onsti, A/8, ->1 P!rpo#e an$ nat!re of po.er of re a)) o /1 underlyin! purpose" provide effective speedy rem for removal of off whos NO$ !ivin! satisfactory serv to pub and whom electors ON$ want to remain in ofc, re!ardless of 2ON hes dischar!in! his full duty to the best of his abil and as his conscience dictates o 51 power !ranted electors to remove pub ofcers 3 potl in nature and NO$ the exer of a )ud fxn o 6&N+&" recall provs in stats ON$ contemplate a )ud in*uiry into the truth of spec char!es of misconduct, B?$ are desi!ned to affordrelief fr pop dissatisfaction w/ off conduct of an ofcer o >1 idea of removin! ofcers at discretion of appointin! powers NO$ novelK concept that this may be done at dir instance and on motion of electors, ultimate source of power in a rep, ON'( carries the power of removal / step further o 6&N+&" since NO$ improper to allow elected ofcer to remove appointed / 3 NO$ considered a violn of law to allow this to be done by pp themselves o Power of recalls essentially the power of removal exerd by the pp themselves Re a)) of )o e)e t'-e off# o 1) 1y #hom e4erd.Dpower to recall for loss of confid shall be exerd by re!d voters of 'C? to w/c loc elec off sub) to such recall belon!s o 2) 8nitiation of recall proc.R o a1 initiated by preparatory recall assembly/re!d voters of 'C? to w/c loc elec off sub) to recall belon!s o b1 preparatory recall assembly in every prov, city, dist and muni composed of" /1 "rovl lev.Dall mayors, HFs and san! mems of munis and compo cities 51 'ity lev.Dall youth br!y and san! br!y mems in the city >1 2egis dist lev.Dwhere san! panlalawi!an mems are elected by dist" A'' elec muni offs in the dist where san! panlun!sod mems are elected by dist" A'' elec br!y offs in the dist =1 Muni lev.Dall punon! br!y and san! br!y mems in the muni o c1 a ma) of all preparatory recall assembly mems may convene in session in pub place and initiate recall proceedin! v# any elec off in 'C? concerned

o o

recall of provl, city/muni offs shall be validly initiated thru a resoln adopted by a ma) of all mems of the preparatory recall assembly concerned durin! its session for the purpose o d1 recall of any elec provl, city, muni/br!y off may A'-O be validly initiated upon pet of at least 5<P of the totno of re!d voters in the 'C? concerned durin! the elec in w/c the loc off sou!ht to be recalled was elected 0ON'( by pet thru amendatory lawJ\ /1 written pet for recall duly si!ned before elec re!istrar/his rep, and in the presence of a rep of pet and a rep of the off sou!ht to be recalled, and in a pub place in the prov, city, muni/br!y, shall be filed w/ +omelec thru ofc in 'C? concerned +omelec/duly authori4ed rep shall cause publication of pet in pub and conspicuous place for a pd of NO$ O/8d NOR S58 for the purpose of verifyin! the authenticity and !enuineness of the pet and re*d Pa!e of voters 51 upon lapse of pd, +omelec/duly authori4ed rep shall announce acceptance of candidates to pos and prepare list of candidates inc name of off sou!ht to be recalled >1 recall F?-$ be pursued by pp 0at least 5<P tot no of re!d voters1, NO$ )ust by / person only/dis!runtled loser in elecs/small Pa!e of disenfranchised electors OR purpose of recall as dir rem of pp shall be defeated by ill moives of a few amon! them whose selfish resort to recall would disrupt runnin! of 'C 0An!obun! v# +omelec1 -) .lec on recall.Dupon filin! of valid resoln/pet for recall w/ appropriate loc ofc of +omelec, +omm/duly authori4ed rep shall set date of elec on recall, w/c -6AN$ be later than >8d after filin! of resoln/pet for recall in case of br!y, city/muni offs and =<d in the case of provl offs o off sou!ht to be recalled shall automatically be considered candidate to pertinent positions and li.e other candidates, shall be entitled to be voted upon 5) .ffectivity of recall.Drecall of elec loc off shall be effective ON'( upon elec and proc of a successor in the person of the candidate rcvin! the hi!hest no of votes cast durin! the elec on recall o should the off sou!ht to eb recalled rcv the hi!hest no of votes, confid in hims affirmed and he shall conti in ofc <) "rohi fr resig.Delec loc off sou!ht to be recalled -6AN$ be allowed to resi!n while the recall proc is in pro!ress )) 2imitations on recall.D o a1 any elec loc off may be the sub) of a recall elec ON'( /ce durin! his term of ofc for loss of confid o b1 NO recall shall be held w/in /yr fr the date of the offs assumption of ofc// yr immediately precedin! a re! loc elec 0Recall elecs disruptive
of normal wor.in! of 'C? necessitatin! addl expenses, 6&N+&, prohi v# conduct /yr immediately precedin! re! elec# Paras v# +omelec# Resoln by PRA for recall of HF becomes moot and acad when said elec offs become mayor by le! succ# Afiado v# +omelec1

for time bar to apply, approachin! re! elec F?-$ be / where pos of off to be recalleds to be actly contested and filled by the electorate 0An!obun!1

138

all expenses incident to recall elecs borne by +omelec 0RA 9/;8, -;@D9<1

,''?-$RA$,H& +A-& C)a!$'o -2 Co(e)e 5888 +esoln of "reparatory +ecall Assembly to inintiate recall of pet as elected Mayor of "asay' ity #as adopted on May 2E 1EEE, F a yr after he assumed ofc 1:6 filing of pet for recall #$ /fc of .lec /fcer #as made on =uly 2 1EEE, .RA'62G 1yr and a day after pet(s assumption of ofc 7acts! o Fay 5@ /@@@" /89> mems of PRA composed of br!y chairs, .a!awads, and -I chairs of Pasay +ity adopted Resoln 8/, -D/@@@ entitled R&-O'N $O ,N,$,A$& R&+A'' OB 7OH,$O O# +'A? ,O A- FA(OR OB PA-A( +,$( BOR 'O-- OB +ONB, o 'etter dated 7une 5@ /@@@, Advincula, as chair of PRA, invited Fayor, HF, -tation +ommander and /> +ouncilors of Pasay +ity to witness formal submission to Ofc of the &lec Ofcer on 7uly 5, /@@@ of the pet for recall o Resoln of Oct /E /@@@" +Omelec !ranted pet for recall and dismissed oppos v# it o Bone of conention" -95, 'C+ of /@@/ 0RA 9/;81" o -&+# 9=# 2imitations on +ecall. D 0a1 Any elective local official may be the sub)ect of a recall election only once durin! his term of office for loss of confidence# o 0b1 No recall shall ta.e place within one 0/1 year from the date of the officialZs assumption to office or one 0/1 year immediately precedin! a re!ular local election# 8ssues! o 2ON under -9=, 'C+ of /@@/" o /# 2ord recall in par b covers a proc w/c includes the convenin! of the PRA and its approval of the recall resoln and o 5# $erm re! loc elec in the last clause of par b includes the elec pd for that re! elec/simply the date of such elec Held! o 1) +ecall refers to elec itself.00 Petitioner contends that the term VrecallV in `9=0b1 refers to a process, in contrast to the term Vrecall electionV found in `9=0a1, which obviously refers to an election# 6e claims that Vwhen several baran!ay chairmen met and convened on Fay /@, /@@@ and unanimously resolved to initiate the recall, followed by the ta.in! of votes by the PRA on Fay 5@, /@@@ for the purpose of adoptin! a resolution :to initiate the recall of 7ovito +laudio as Fayor of Pasay +ity for loss of confidence, the process of recall be!anV and, since Fay 5@, /@@@ was less than a year after he had assumed office, the PRA was ille!ally convened and all proceedin!s held thereafter, includin! the filin! of the recall petition on 7uly 5, /@@@, were null and void# o $he +OF&'&+, on the other hand, maintains that the process of recall starts with the filin! of the petition for recall and ends with the conduct of the recall election, and that, since the petition for recall in this case was filed on 7uly 5, /@@@, exactly one year and a day after petitionerZs assumption of office, the recall was validly initiated outside the oneDyear prohibited period# o Both petitioner +laudio and the +OF&'&+ thus a!ree that the term

VrecallV as used in `9= refers to a process# $hey disa!ree only as to when the process starts for purposes of the oneDyear limitation in para!raph 0b1 of `9=# o 2e can a!ree that recall is a process which be!ins with the convenin! of the preparatory, recall assembly or the !atherin! of the si!natures at least 5<P of the re!istered voters of a local !overnment unit, and then proceeds to the filin! of a recall resolution or petition with the +OF&'&+, the verification of such resolution or petition, the fixin! of the date of the recall election, and the holdin! of the election on the scheduled date# 6owever, as used in para!raph 0b1 of ` 9=, VrecallV refers to the election itself by means of which voters decide whether they should retain their local official or elect his replacement# 2) +easons in support of above conc.00 -everal reasons can be cited in support of this conclusion# o Birst, ` 9= deals with restrictions on the power of recall# ,t is in fact entitled V'imitations on Recall#V On the other hand, `;@ provides that Vthe power of recall ###shall be exercised by the re!istered voters of a local !overnment unit to which the local elective official belon!s#V -ince the power vested on the electorate is not the power to initiate recall proceedin!s; but the power to elect an official into office, the limitations in `9= cannot be deemed to apply to the entire recall proceedin!s# ,n other words, the term VrecallV in para!raph 0b1 refers only to the recall election, excludin! the convenin! of the PRA and the filin! of a petition for recall with the +OF&'&+, or the !atherin! of the si!natures of at least 5< P of the voters for a petition for recall# $hus, there may be several PRAs held 0as in the case of Bataan Province in /@@>1 or petitions for recall filed with the +OF&'&+ D there is no le!al limit on the number of times such processes may be resorted to# $hese are merely preliminary steps for the purpose of initiatin! a recall# $he limitations in `9= apply only to the exercise of the power of recall which is vested in the re!istered voters# ,t is this D and not merely, the preliminary steps re*uired to be ta.en to initiate a recall D which para!raph 0b1 of `9= see.s to limit by providin! that no recall shall ta.e place within one year from the date of assumption of office of an elective local official# o $he second reason why the term VrecallV in para!raph 0b1 refers to recall election is to be found in the purpose of the limitation itself# $here are two limitations in para!raph 0b1 on the holdin! of recalls" 0/1 that no recall shall ta.e place within one year from the date of assumption of office of the official concerned, and 051 that no recall shall ta.e place within one year immediately precedin! a re!ular local election# $he purpose of the first limitation is to provide a reasonable basis for )ud!in! the performance of an elective local official# ,n the Bower caseE T,n re Bower =/ ,ll# 999, 5=5 N#&# 5d 5<5 0/@;E1U cited by this +ourt in An!obun! v# +OF&'&+,@ T5;@ -+RA 5=<, 5<; 0/@@91U it was held that V$he only lo!ical reason which we can ascribe for re*uirin!

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the electors to wait one year before petitionin! for a recall election is to prevent premature action on their part in votin! to remove a newly elected official before havin! had sufficient time to evaluate the soundness of his policies and decisions#V $he oneDyear limitation was rec.oned as of the filin! of a petition for recall because the Funicipal +ode involved in that case expressly provided that Vno removal petition shall be filed a!ainst any officer or until he has actually held office for at least twelve months#V But however the period of prohibition is determined, the principle announced is that the purpose of the limitation is to provide a reasonable basis for evaluatin! the performance of an elective local official# 6ence, in this case, as lon! as the election is held outside the oneDyear period, the preliminary proceedin!s to initiate a recall can be held even before the end of the first year in office of a local official# o $hird, to construe the term VrecallV in para!raph 0b1 as includin! the convenin! of the PRA for the purpose of discussin! the performance in office of elective local officials would be to unduly restrict the constitutional ri!ht of speech and of assembly of its members# $he people cannot )ust be as.ed on the day of the election to decide on the performance of their officials# $he crystalli4ation and formation of an informed public opinion ta.es time# $o hold, therefore, that the first limitation in para!raph 0b1 includes the holdin! of assemblies for the exchan!e of ideas and opinions amon! citi4ens is to unduly curtail one of the most cherished ri!hts in a free society# ,ndeed, it is wron! to assume that such assemblies will always eventuate in a recall election# $o the contrary, they may result in the expression of confidence in the incumbent# o $o sum up, the term VrecallV in para!raph 0b1 refers to the recall election and not to the preliminary proceedin!s to initiate recall % /# Because `9= spea.s of limitations on VrecallV which, accordin! to `;@, is a power which shall be exercised by the re!istered voters of a local !overnment unit# -ince the voters do not exercise such ri!ht except in an election, it is clear that the initiation of recall proceedin!s is not prohibited within the oneDyear period provided in para!raph 0b1K 5# Because the purpose of the first limitation in para!raph 0b1 is to provide voters a sufficient basis for )ud!in! an elective local official, and final )ud!in! is not done until the day of the electionK and ># Because to construe the limitation in para!raph 0b1 as includin! the initiation of recall proceedin!s would unduly curtail freedom of speech and of assembly !uaranteed in the +onstitution# As the recall election in Pasay +ity is set on April /<, 5888, more than one year after petitioner assumed office as mayor of that city, we hold that there is no bar to its holdin! on that date# -) +eg loc elec refers to date of such elec.00 Petitioner contends, however, that the date set by the +OF&'&+ for the recall election is within the second

period of prohibition in para!raph 0b1# 6e ar!ues that the phrase Vre!ular local electionsV in para!raph 0b1 does not only mean Vthe day of the re!ular local electionV which, for the year 588/ is Fay /=, but the election period as well, which is normally at least forty five 0=<1 days immediately before the day of the election# 6ence, he contends that be!innin! Farch >8, 5888, no recall election may be held# o $his contention is untenable# o $he law is unambi!uous in providin! that VTnUo recall shall ta.e place within # # # one 0/1 year immediately precedin! a re!ular local election#V 6ad +on!ress intended this limitation to refer to the campai!n period, which period is defined in the Omnibus &lection +ode, it could have expressly said so# o Foreover, petitionerZs interpretation would severely limit the period durin! which a recall election may be held# Actually, because no recall election may be held until one year after the assumption of office of an elective local official, presumably on 7une >8 followin! his election, the free period is only the period from 7uly / of the followin! year to about the middle of Fay of the succeedin! year# $his is a period of only nine months and /< days, more or less# $o construe the second limitation in para!raph 0b1 as includin! the campai!n period would reduce this period to ei!ht months# -uch an interpretation must be re)ected, because it would devitali4e the ri!ht of recall which is desi!ned to ma.e local !overnment unitsV more responsive and accountable#V o ,ndeed, there is a distinction between election period and campai!n period# ?nder the Omnibus &lection +ode,// T,d#U unless otherwise fixed by the +OF&'&+, the election period commences ninety 0@81 days before the day of the election and ends thirty 0>81 days thereafter# $hus, to follow petitionerZs interpretation that the second limitation in para!raph 0b1 includes the Velection periodV would emasculate even more a vital ri!ht of the people# o $o recapitulate the discussion in parts / and 5, `9= imposes limitations on the holdin! of recall elections# Birst, para!raph 0a1 prohibits the holdin! of such election more than once durin! the term of office of an elective local official# -econd, para!raph 0b1 prohibits the holdin! of such election within one year from the date the official assumed office# And third, para!raph 0b1 prohibits the holdin! of a recall election within one year immediately precedin! a re!ular local election# As succinctly stated in Paras v# +OF&'&+,/5 T5;= -+RA =E, <= 0/@@;1U VTpUara!raph 0b1 construed to!ether with para!raph 0a1 merely desi!nates the period when such elective local official may be sub)ect to recall election, that is, durin! the second year of office#V Part II ELECTION LAW Chapter One /EN PRINS Th of pop!)ar #o-ere'gnt*

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A5, -/" Phils is a demo and republican state# - resides in pp and all !ovt auth emanates fr them $heoretically B?$ fundamentally" pp combined rep soverei!n power of state o B?$ in prac" -s exerd by electorate and those chosen by them directly/indirectly, elec and appointive offs o Republicanism" implies adoption of representative type of !ovt pts to enfranchised cits as ulti source of estabd auth 0Foya v# el Bierro1 &mo and rep !ovt derives all its powers, directly/indirectly fr pp at lar!e o &ssence" indir R o Actual - exerd by ppby means of suffra!e thru ballot off re!d voters in dully appointed elecs held fr time to time

Mng of #!ffrage o Rt and obli! of *ualified citsto vote in elec of certain natl and loc ofcers of !ovt and in decision of pub As submitted to pp Nat!re of #!ffrage o /1 NO$ a natl rt of cits B?$ merely a priv to be !iven/w/held by the lawma.in! power sub) to constil limitations o NO$ nec accompaniment of citi4enship o Cranted to indivs ON'( upon fulfillment of certain min condis deemed essential for welfare of soc o 51 exer of rt of suffra!e, as in en)oyment of all other rts, ,-N$ absoluteK sub) to existin! substantive and procedural re*ts provided in +onsti, stats and valid Rs and re!ns o >1 suffra!e is a rt :cause its the exp of the soverei!n will of the pp 0'acson v# Posadas1 o rt conferred by the +onsti" classified as potl rt and a bounden duty of every cit, enablin! him to parti in proc of !ovt to assure it truly derives its powers solely fr the consent of the !overned 0Pun!utan v# Abuba.ar1 o =1 rt of suffra!e based on th that the pp who bear the burden of !ovt should share in the priv of choosin! the offs of !ovt 0Facolor v# Amores1 o prin" / man 3 / vote o <1 suffra!e as a duty 3 in the nature of a pub trust and cosntis a voter a rep of the whole pp o duty re*uires that priv bestowed should be exerd NO$ exclusively for the bene of the cit proferrin! it B?$ in CB and w/ intell 4eal for the !en bene and welfare of the state 0Abanil v# 7ust of the Peace# A<, -/"
permissive lan! 3 failure to re! and vote NO$ criminally sanctioned1

2) "lebiscite.Dname !iven to a vote of the pp expressin! their choice for/v# a proposed law/enactment submitted to them o Phils" terms applied to an elec at w/c any proposed amendment to/revision of the +onstis submitted to the pp for their ratification 0+onsti, A/9, -51 o Plebiscite" re*d by the +onsti to secure the approval of the pp directly affected, before certain proposed chan!es 0creation, div, mer!er, abolition/boundary chan!e of potl unit1 affectin! 'C?s may be implemented 0+onsti, A/8, -/8, //, /E1 -) +eferendum.Dsubmission of a law passed by the natl/loc le!is body to the re!d voters an an elec called for the purposefor their ratification/re)ection o mode of appealin! fr an elected body to the whole body of voters 0 5) 8nitiative.Dproc whereby re!d voter s directly propose, enact/amend laws, natl/loc, thru an elec called for the purpose o +on! mandated by +onsti to provide as early as possible for a sys of initiative and referendum 0A;, ->5K RA ;9><1 pp power features of our +onsti 0-BFA v# +omelec1 o Amendments to +onsti may be directly proposed by the pp thru initiative 0A/9, -5K RA 9/;8, -/58D/5=1 <) +ecall.Dmeth by w/c a pub ofcer may be removed frofc durin! tenure/before expiration of term by vote of pp after re!n of pet si!ned by a re*d Pa!e of *ualified voters

O"B of #!ffrage an$ e)e )a.# o main ob)" continuity of !ovt and preservation and perpetuation of benes o 5Dfold" to enable pp to choose their reps to dischar!e soverei!n fxns, and % done thru elec to det their will upon such As submittedto them % by means of plebiscite, referendum, initiative and recall o elec laws re!ulate how the rt of suffra!e is to be exerd o intended as a means for assurin! a free, honest and orderly exp of the ppls views and choice of candidates uninfluenced by threats, intim and corrupt motives o purpose" to !ive effect to, RA$6&R than stifle/frustrate the will of the voters Po.er of Cong to reg!)ate #!ffrage an$ e)e # o since rt of suffra!e is a potl and NO$ natl rt 3 w/in power of state to prescribe manner in w/c it shall be exerd o sub) ON'( to constil restrics" +on! has unlimited power to enact laws rel to rt of suffra!e inc o power to define *ualns of voters o re!ulate elecs o prescribe form of off ballot o provide for manner in w/c candidates shall be chosen and names that shall be printed upon the ballot, to re!ulate the manner of conductin! elecs, and o in the exer of the pol power, to suppress whatever evils may be incident to the elec of pub ofcers

S ope of #!ffrage o includes" o 1) .lec.Dmenas by w/c pp choose, thru the use of the ballot, their offs for def and fixed pds and to whom they entrust, for the time bein! as their reps, the exer of powers of !ovt 0Carchitorena v# +rescini1 o exp of the soverei!n will fo the pp, involvin! the choice/seln of candidates to pub ofc by popular vote o term elec, in contxt of +onsti" may refer to conduct of polls inc list of voters, holdin! of electoral campai!n and castin! and countin! of votes 0+arlos v# An!eles1

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Con#t') pro-# on #!ffrage& AR$,+'& H % -?BBRAC& Se t'on 1# -uffra!e may be exercised by all citi4ens of the Philippines, not otherwise dis*ualified by law, who are at least ei!hteen years of a!e, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months immediately precedin! the election# No literacy, property, or other substantive re*uirement shall be imposed on the exercise of suffra!e# Se t'on 4# $he +on!ress shall provide a system for securin! the secrecy and sanctity of the ballot as well as a system for absentee votin! by *ualified Bilipinos abroad# $he +on!ress shall also desi!n a procedure for the disabled and the illiterates to vote without the assistance of other persons# ?ntil then, they shall be allowed to vote under existin! laws and such rules as the +ommission on &lections may promul!ate to protect the secrecy of the ballot# o -/ prescribes the *ualn of voters o Resp of detin! who may be dis*ualified by law and may be precluded fr exerin! the rt of suffra!e, is left by the +onsti to +on! o NO$ competent for +on! to add to/alter such *ualns o -pecification in the +onstis an implied prohi v# interference 0Fechem1 -ecrecy of electoral proc re*uires secrecy of the vote o -5" +on! mandated to enact a law prescribin! procedures thatll enable the disabled and illiterates to secretly cast their ballots w/o re*uirin! the assistance of other persons, to prevent them fr bein! manipulated by unscrupulous politicians to insure their victory at the polls o +onsti extends rt of suffra!e &H&N to Bils abroad PROH, & they possess all the *ualns mentioned therein and NON& of the dis*ualns provided by law o +on! mandated by +onsti to provide a sys of absentee votin! by *ualified Bils abroad Bound to set aside funds and other re*ts for purpose and to provide safe!uardsto ensure that elecs overseas are held in a free, clean and orderly manner %ote! RA @/E@/Overseas Absentee Hotin! Act of 8> enacted Beb /= 8> o Fay vote for pres, HP, -ens and partyDlist reps ON'( o

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S!"#tant'-e re3t# for e,er of #!ffrage o 1) 2iteracy re3t.D9> +onsti removed re*t under >< +onsti on abil to rdand write such that then, as now, an illiterate person has the rt to vote o ar!s for removal" o -en io.no" Re*t voter F?-$ .now how to read and write confuses literacy w/ intell and learnin! w/ wisdom# Bil -N$ cease to be a Bil :cause hes illiterateK man pays taxes and bleeds and dies for his country whether he si!ns his name w/ a flourish/an Q# 5EP/=#>F S5/yo are illiterates# +ant rd

newspapers B?$ listen to the radio and )oin convos an discs w/ nei!hbors at cor storesK INO2 whats happenin! in their comm# and country# (&$ theyre denied rt to ta.e part in their !ovt and help shape their destiny -hould we wonder that theyd feel little loyalty to ouru demo, and fall vics to evils of other ideolo!ies that falsely offer them di!nity of helpin! to shape their destinyJ Cranted that to !ive them the rt to vote may pose practical probs of how their votes could be cast and counted B?$ these AR&N$ surmountable# / st elec law , N$ re*uire literacy to vote, ON'( prop# 'ater on prop O was eliminated and literacy substituted# Br the R of props we pass to the R of the learned# ,ts time we effect the R of the pp 2) "rop re3t.D?nder pres +onsti, +on! +AN$ impose prop re*t for their exer of suffra!e 0-/1 o a) "rop / %/6 a test of an indiv cap. R)ustification for abolition fo prop *ualn" assumption that O of prop per se N&,$6&R adds to/detracts fr a mans cap to fxn properly and fully as a soc and potl bein! ar! that ON'( prop Os have a sta.e in the comms obsolete its the hum person thats to be represented and !iven primacy in hierarchy of values o b) "rop re3t inconsistent #$ concept of republican govt.D potl sys is premised on tenet that soverei!nty resides in the pp and all !ovtal auth emanates fr them 0+onsti, A5, -/1 this in turn" implies necessarily that the rt to vote and be voted -6AN$ be dependent upon the wealth of the indiv concerned o c) "rop re3t inconsistent #$ soc just prins.D -oc )ust presupposes 3 opp for all, rich and poor ali.e 0A/>, -/1 NO person shall, by reason of poverty, be denied the chance to vote and be elected to pub ofc -+ declared unconstil a law 0RA ==5/1 re*uirin! all candidates for pub ofces to post a surety bond e*uiv to the /yr salary/emoluments of the pos for w/c theyre candidates w/c shall be forfeited in the candidates, & when declared winner, fail to obtain at least /8P of the votes cast for the ofc to w/c theyve filed their +O+ law in effect, imposed a prop *ualn 0Fa*uera v# Borra1 -) /ther substantive re3ts.D+on! prohibited by +onsti to impose addl substantive 0NO$ procedural1 re*ts for votin! similar in nature to literacy/O of prop# &xs" o a) .duc.R!en prin" the more educ a man has the better and more valuable mem of soc hell be (&$ possible for a person to become an impt asset to !ovt and soc body w/ little/NO formal schoolin! Bormal educ itself ,-N$ a !uarantee of !ood citi4enship/of intell votin! Re*t of 6-/elem educ would disenfranchise lar!e se!ments of the poorer classes of our popn o b) ec.Danta!onism in past to fem suffra!e stemmed in some de! fr belief that a womsplace was in the home and that perf of pub duties

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was the fxn of the male mems of the fam other cases" oppo was based on potl expediency RA$6&R than on prin now" ?N'&-- /s willin! to contend that wom, simply by virtue of their womanhood, are incapable of free and intell soc and potl activity 3 NO ade*uate/)ustifiable basis for deprivin! them of 3 votin! rts w/ men c) 6a4paying abil.Drestric related to prop re*t for votin! +on! +AN$, by law, deny to indiv rt to vote on !round hes exempted fr taxation/ NO$ liable to pay tax/ $axes paid by him/for w/c hes liable durin! the yr are below a specified amt Chapter T.o COMELEC

P!rpo#e of the Co(( o ,n demo" pp are fountainhead of !ovtal auth o -overei!n power !iven exp thru exer of rt of suffra!e by *ualified voters o Purity of elecs / of fund re*s of pop !ovt 0Abcede v# ,mperial1 o -anctity of ballot and free and honest exp of pop will best protected by an indep ofc whose sole wor.s to enforce laws on elecs o +omelec or!ani4ed for that purpose o ,ntention to place it outside inf of potl ps and cont of le!is, exec and )ud or!ans of !ovt o ,ndep admin trib, coDe*ual w/ other depts# in respect to powers vested in it Co(po o +omelec composed of +hairman and ; +ommissioners 0+onsti, A@, -/T/U1 o /@9> +onsti increased membership fr > in =; +harter to @ on th" itd ma.e it more difficult for the +omm to become the captive of any potl p/!rp/any person who mi!ht be interested in the +omm decidin!/ta.in! axn / way o the bi!!er the membership of the +omm, the less li.ely it was to be bou!ht/influenced 0/@98 ?P'+ +onsti Rev Pro)1 o new +onsti opted for 9Dman colle!iate body 1!a)n# of (e(# o +hairman and Fems of +ommission shall be natlDborn cits in the Phils and, at the time of their apptment, at least ><yrs of a!e, 6s of a coll de!, and F?-$N$ have been candidates for any elec pos in the immediately precedin! elecs o B?$ a ma) inc the +hairman, shall be mems of the Phil Bar whove been en!a!ed in the prac of law for at least /8y 0A/8D+, -/T/U1 o Reason for re*t of membership in Phil Bar" +omm exers A7 powers Appt(ent an$ ter(# of of of (e(#

+hairman and +omms are appointed by the Pres w/ the consent of the +OA for a term of 9yrs w/o reapptment o Of the +omms /st appointed, > shall hold ofc for 9yrs, 5 for < and the last mems for >yrs w/o reapptment o +onsti provides, as in case of mems of +-+ and +OA, for a sta!!ered term of 5yrs interval Fem appointed to fill a vacancy shall serve ON'( for the unexpired term to preserve the sta!!ered terms of ofc o -ta!!erin! of term also ma.es +omm a continuin! and selfD perpetuatin! body and conse*uently, its mems would have the bene of the exp and expertise of the older mems in the perf of its fxns o $he continuity of its tenure as a body ma.es for !reater stability for its policies and decisions and serves as a !uarantee v# arbit axn w/c is li.ely to occur in a body handlin! partisan As Apptments/desi!s in temp/actin! cap in the +omm AR&N$ also allowed 0A@D+, -/T5U1 o +omms an indep body and to preserve its indep, mems appointed to that pos F?-$ be perma o Fems F?-$ be made to feel theyre securein ofc and entitlted to fixed emoluments durin! their incumbency o ,ndep and impartiality may be sha.en and destroyed by desi! of a person/ofcer to act temporarily in the +omm 0Nacionalista P v# Bautista1

D'#a"')# of (e(# AR$,+'& ,Q % A# +OFFON PROH,-,ONSe t'on 42 No member of a +onstitutional +ommission shall, durin! his tenure, hold any other office or employment# Neither shall he en!a!e in the practice of any profession or in the active mana!ement or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privile!e !ranted by the Covernment, any of its subdivisions, a!encies, or instrumentalities, includin! !overnmentDowned or controlled corporations or their subsidiaries# o Bid nature of pub ofc w/c +onsti expressly !uards in the case of the Pres, HP, mems of +ab and their deputies and assts 0A9, -/>1 and mems of +on! 0A;, -/>D/=1, is also protected in reln to the mems of the +omelec o isabils durin! their continuance in ofc are similar to those imposed on the Pres and HP Con#t') po.er# an$ f,n# of the Co(( o Basic powers of +omelec, as enforcer and administrator of our elec laws" AR$,+'& ,Q % +# $6& +OFF,--,ON ON &'&+$,ONSe 2 42 $he +ommission on &lections shall exercise the followin! powers and functions" 819 &nforce and administer all laws and re!ulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall# 849 &xercise exclusive ori!inal )urisdiction over all contests relatin! to the elections, returns, and *ualifications of all elective re!ional, provincial, and city

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officials, and appellate )urisdiction over all contests involvin! elective municipal officials decided by trial courts of !eneral )urisdiction, or involvin! elective baran!ay officials decided by trial courts of limited )urisdiction# ecisions, final orders, or rulin!s of the +ommission on election contests involvin! elective municipal and baran!ay offices shall be final, executory, and not appealable# 859 ecide, except those involvin! the ri!ht to vote, all *uestions affectin! elections, includin! determination of the number and location of pollin! places, appointment of election officials and inspectors, and re!istration of voters# 8=9 eputi4e, with the concurrence of the President, law enforcement a!encies and instrumentalities of the Covernment, includin! the Armed Borces of the Philippines, for the exclusive purpose of ensurin! free, orderly, honest, peaceful, and credible elections# 8<9 Re!ister, after sufficient publication, political parties, or!ani4ations, or coalitions which, in addition to other re*uirements, must present their platform or pro!ram of !overnmentK and accredit citi4ensZ arms of the +ommission on &lections# Reli!ious denominations and sects shall not be re!istered# $hose which see. to achieve their !oals throu!h violence or unlawful means, or refuse to uphold and adhere to this +onstitution, or which are supported by any forei!n !overnment shall li.ewise be refused re!istration# Binancial contributions from forei!n !overnments and their a!encies to political parties, or!ani4ations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional !round for the cancellation of their re!istration with the +ommission, in addition to other penalties that may be prescribed by law# 869 Bile, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of votersK investi!ate and, where appropriate, prosecute cases of violations of election laws, includin! acts or omissions constitutin! election frauds, offenses, and malpractices# 879 Recommend to the +on!ress effective measures to minimi4e election spendin!, includin! limitation of places where propa!anda materials shall be posted, and to prevent and penali4e all forms of election frauds, offenses, malpractices, and nuisance candidacies# 8:9 Recommend to the President the removal of any officer or employee it has deputi4ed, or the imposition of any other disciplinary action, for violation or disre!ard of, or disobedience to, its directive, order, or decision# 8;9 -ubmit to the President and the +on!ress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall# Enfor e )a.# re)at'-e to on$! t of e)e #, et o 1) cope of po#er.Dpower vested in +omm includes power to Genforce and admin all laws and re!ns relative to the conduct of plebiscites, initiatives, referenda and recalls w/c AR&N$ elecs 0A@D+, -5T/U1 o +omm exers admin and super of these procs a.in to its powers over o o

conduct of elecs +lear txt and intent of +Onsti" !ive +omm all nec and incidental powers for it to achieve holdin! of free, orderly, honest, peaceful and credible elecs o Purpose of !overnin! stats on conduct of elecs" prot inte! of elecs to suppress all evils that may violate its purity and defeat will of voters 0+auton v# +omelec1 +onstil !rant of investi! and prosec power in +omm finds stat exp under -5;<, BP EE/ 3 Omnibus &lec +oode 0Iilosbayan v# +omelec1 o 2hen investi!atin! and prosecutin! elec offenses, +omms actin! analo!ous to Ombudsman w/ investi!atory and prosecutory powers Creat latitude accorded +omm in adoptin! means and meths to insure accomplishment of !reat ob)ective for w/c created 0Pelayo v# +omelec1 o +hoice of means ta.en by +omm, ?N'&-- ille!/arbit, NO$ interfered o Broad powers to ascertain results of elec by means available li.e relyin! on cert ,ed by re! w/c confirms that ,ed by board of canvassers 0Ceronimo v# +omelec1 o Bor attainment" NO$ strictly bound by RO& R factual findin!s of admin bodies NO$ disturbed by cts & when absolutely NO evid/NO subst evid applied more 2R$ +omelec, as framers intended to place it on lev hi!her than stat admin or!ans 0Fastura v# +omelec1 &nforcement and admin of all elec laws by +omm -N$ include power to annul elec w/c may NO$ have been free, orderly and honest 3 powers F&R&'( preventive, NO$ curative o Bails to accomplish purpose" NO$ for body to cure/remedy resultin! evil B?$ some other As of !ovt 0Abes v# +omelec1 2) pec po#ers included.D+omelec has power to annul/cancel ille! re! lists of voters and order prepn of new / 0Prudente v# Cenuevo1 o cancel canvass of elec returns and annul ille! proc as when based on incomplete returns and order new canvass to bemade by countin! returns ille!ally excluded 0 emafiles v# +omelec1 o suspend proc of winnin! candidates pendin! in*uiy into irre!s brou!ht to attention 0Albano v# Arran41 o dir board of canvasser to include in canvass returns 0Pacis v# +omelec1 o revw, in exer of plenary prero of dir cont and super, actuations of board of canvassers &H&N to extent of in*uirin! beyon! elec recs of votin! ctrs 0Aratuc v# +omelec1 -) Chere proc made.DB?$ /ce announcement of result of elecs/proc of winners made, any alteration/amendment in statements of elec/contradiction/discrepancy appearin!, due to clerical error/otherwise 3 +AN$ be made w/o intervention of competent ct 07avier v# +omelec1 o +omm can order new canvass &H&N after proc where valid order directin! suspension of proc of candidate violated for such serves to nullify continuation of canvass and conse*uently, proc of candidate to contested pos o

De '$e e)e onte#t# o .lec contest % adversary proceedin!s by w/c matters involvin! tite/claim to elec ofc, made before/after proc of winner, is settled 2ON the contestants

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claimin! the ofc in dispute 07avier v# +omelec1 o &lecs of br!y offs" terms restricted to proceedin!s after proc of winner as NO proc contros are allowed 0$aule v# -antos1 /1 elec contest % N&,$6&R civ axn/crim proceedin! o N&,$6&R axn at law/suit e*uity o -um proceedin! of potl char o Purpose" ascertain candidate lawfully elected into ofc +omelec ROP" elec protest is an ordin axn !overned byt R58 0Bana!a v# +omelec1 51 &lec contests involvin! re!ional, provl and city offs" places under exc 7 of +omelec o muni and br!y offs" R$+ and F$+ sub) to appeal to +omm o -I offs" NO$ w/in -5<5, O,+ and par 5, A@D+NO law prior to +onsti made -I chairman elec br! off &lecs" under dir cont and super of ,'C 0Alunan ,,, v# Firasol1 >1 power of +omm to decide elec contests includes power to det validity/nullity of votes 0$a!orano v# +omelec1 =1 aside fr ad)udicatory/A7 power of +omm to decide elec contests and admin As" vested w/ power of pub prosecutor w/ exc auth to conduct prelim investi! and prosec of elec offenses punishable under elec law before competent ct 0Pp v# el!ado1 <1 +omm NO$ !iven by +onsti/law 7 to , writs of cert, prohi and manda o ori! -+A v# R$+ in elec contest may be filed ON'( in +A/-A 3 ON'( cts !iven ori! 7 under +onsti and law o R" 7s conferred ON'( by +onsti/law, NO$ implication 0Heloria v# +omelec1 Rulin! abandoned" -+ and +omm have concurrent 7 to , writs over decisions of $+s of !en 7 in &lec cases w/ elec muni offs o / that ta.es 7 /st 3 exer exc 7 over case o +omm has auth to , extraordin writs in cases involvin! elecs ON'( in aid of appellate 7 0+arlos v# An!eles1

De '$e a)) 1# affe t'ng e)e # o /1 7 of +omm over pop elecs, elected offs detd thru will of electorate o elec % embodiment of pop will, exp of - power of pp o choice/seln of candidates to pub ofc by pop vote o elec 0+onsti1 % conduct of polls durin! listin! of voters, holdin! of electoral campai!n and castin! and countin! of votes w/c ON$ characteri4e elec of ofcers in GIatipunan n! m!a Br!yM composed of popularly elected Gpunon! br!yM as prescribed by law whose ofcers are voted upon by their mems o +omm exers ON'( appellate 7 over elec contests involvin! elec br!y offs decided by F$+s w/c have limited 7 0$aule v# -antos1 o 51 +omm has NO 7 over As involvin! rt to vote w/c includes *ualns and si*ualns of voters, rt of person to be re!d as voter, rt to cast vote and other allied As o decided by cts 0Nacionalista P v# +omelec1 o >1 +omm has inherent power to amend/cont procs and orders before they become fin and executory 0-ahali v# +omelec1 o RO+ applies suppletoriy to proceedin!s before the +omm

Dep!t'Ae )a. enfor e(ent A# o +onsti" deputi4in! should be w/ concurrence of Pres o 'imitation see.s to ma.e holdin! of free, orderly, honest, peaceful and credible elecs the )oint resp of the Pres and +omm o Bmr" w/ consent/at instance of Pres o Pres, on O2N auth may -$,'' call out ABP when nec under powers as +omm in +hief o Pp v# Basilla" priv resps contended deputation by +omelec of prosecutin! arms of Covt warranted ON'( before elecs and ON'( to ensure free, honest, orderly, peaceful and credible elecs 3 perf peaceD.eepin! fxns of policmen" o $he contention of private respondents that the deputation by the +omelec of the prosecutin! arms of the Covernment would be warranted only before the elections and only to ensure tree, honest, orderly, peaceful and credible elections, that is, to perform the peaceD.eepin! functions of policemen, lac. substance# $here is nothin! in -ection 5 0=1 of Article ,QD+ of the +onstitution which re*uires such a pinched ni!!ardly interpretation of the authority of the +omelec to appoint as its deputies, officials or employees of other a!encies and instrumentalities of the !overnment# $he prompt investi!ation and prosecution and disposition of election offenses constitute an indispensable part of the tas. of securin! free, orderly, honest, peaceful and credible elections# $he investi!ation and prosecution of election offenses are, in an important sense, more important than the maintenance of physical order in election precinct# Zwithout the assistance of provincial and city fiscals and their assistants and staff members, and of the state prosecutors of the epartment of 7ustice, the prompt and fair investi!ation and prosecution of election offenses committed before or in the course of nationwide elections would simply not be possible, unless, perhaps, the +omelec had a bureaucracy many times lar!er than what it actually has# o Foreover, the prosecution officers desi!nated by the +omelec become deputies or a!ents of the +omelec and pro tanto sub)ect to the authority, control and supervision of the +omelec in respect of the particular functions covered by such deputation# $he acts of such deputies within the lawful scope of their dele!ated authority are, in le!al contemplation, the acts of the +omelec itself# o $he only limitation the +onstitution itself places upon the +omelecZs authority over its deputies relates to the enforcement of such authority throu!h administrative sanctions# -uch sanctionsDe#!#, suspension or removalDmay be recommended by the +omelec to the President 0-ec# 5 TEU, Article ,QD+, /@E9 +onstitution1 rather than directly imposed by the +omelec, evidently, to preDempt and avoid potential difficulties with the executive department of the Covernment where the prosecution and other officers deputi4ed are ordinarily located# Reg pot) p#, et an$ a re$'t 't# 't ar(# o +onstil prov / of reforms intended to ma.e electoral sys FOR& responsive to needs and demands of times o /1 Potl ps w/c o a1 haveNO platform/pro! of !ovt/

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o b1 see. to achieve their !oals thru viol/unlawful means o c1 refuse to uphold and adhere to +onsti o d1 are supported by forei!n !ovt shall be refused re!n 51 Rel denominations and sects AR&N$ allowed to be re!d as potl ps in view of prin of sepn bet Qch and state 0Pp v# ,ntin!1 >1 Acceptance of fin contris fr forei!n !ovts and their As related to elecs is a !round for cancellation of re!n of a potl p/or!n o such contris are declared as constitutin! interference in our internal affairs >1 +its arms accredited by +omm are supposed to be completely neutral and nonDpartisan in assistin! +Omm in conduct of elecs

elec laws w/o prov, +omm, :cause of indep, may refuse to !ive info to other brs of !ovt 0/@98 ?P'+ +onsti Rev Pro)1

F')e pet#, 'n-e#t'g an$ pro#e o /# Powers !iven to +omelec under -50;1 new o exer powers on its own initiative &H&N in absence of complaint o +onsti mandates +omm to investi! AN prosec violn of elec laws o &mpowered to conduct prelim investi!s in elec offenses to help ct det probable cause and filin! info in ct o &xc w/ +omm o Ombudsman/Prosecutor assumes NO role in prosec of elec offenses o Biles info char!in! elec offense/prosecutes violn of elec law 3 :cause hes been deputi4ed by +omm o -N$ do so under sole auth of ofc 0A;, -;1 Re o((en$ (ea#!re# o Body char!ed w/ duty of enforcin! and administerin! laws relative to conduct of elecs" +omelec A'-O has duty to recommend measures to effect FOR& improvements on elec laws li.e those curbin! overspendin!, ensure enforcement of fair and 3 exposure R for potl ps and their candidates, inc limitation of places where propa!anda matls shall be posted, AN prevent stron! p/candidate fr ta.in! undue adv of wea.ness of others o +onsti" +omm has power to prevent and penali4e all forms of elec frauds, offenses and malpracs, nuisance candidacies 0candidate has NO bona fide intention to run for ofc1/other similar acts Re o((e$ re(o-a)+$'# 'p)'nar* a,n o Pres may/NO$ ff recommendation of +omelec o B?$ since deputi4ation was w/ concurrence of Pres, unli.ely hell disre recomm of the +omm o O,+" +omm may relieve AN( ofcer/ee deputi4ed by it, and upon recomm#, auth shall suspend/remove fr ofc any/all such who may, after P, be found !uilty of violn/failure 0-<5TaU1 o ept/A to w/c char!ed off/ee belon!s w/c has ultiauth to impose disciplinary penalty 0$an v# +omelec1 o Ofcers and ees appointed by +omm" remove for cause S!"('t rpt o Rpt re*d should contain a desc on how a previous elec 0re!/sp1, plebiscite, initiative, referendum/recall was conducted and what laws/re!ns were violated o Fa.e recomms 2R$ flaws/defects it discovered in enforcement of

Po.er to p!n'#h for onte(pt o +omelec has duty to enforce and admin all laws relative to conduct of elec and hear and decide contro that may be submitted to it in conn w/ elecs o As an incident of power, may also punish for contempt in those cases provided for in R;= o Power to punish for contempt inherently )ud in char o ,n exer of admin fxns, +omm has NO power to hold person for contempt A rpter who wrote an art re contract for manu and supply of ballot boxes to +omm on !round art tended to interfere w/ +omm in ad)udication of contro pendin! before it Act of +omm in re*uisitionin! for re*d ballot boxes is ministerial duty to be performed in conn w/ admin cap 0Cuevarra v# +omelec1 o -N$ possess power to punish for contempt person for failin! to ff procedure in distri of ballots and elec paraphernalia o Resolns of +omm concernin! proc call for exer of admin/ministerial fxn and for violns of resoln, +omm has NO power to punish for contempt 0Fa!saysay v# +omelec1 F'na)'t* of $e '#'on# o -5051, +onsti" elec contests involve elec muni and br!y offs, decisions, fin orders/rulin!s of +omm fin, exec and NO$ appealable o ,nvolve elec re!ional, provl and city offs appealed to -+ o -5051 -N$ divest -+ of auth to resolve AO' as inherent in )ud power conferred by +onsti 0Blores v# +omelec1 Hear'ng of e)e a#e#

AR$,+'& ,Q % +# $6& +OFF,--,ON ON &'&+$,ONSe t'on 52 $he +ommission on &lections may sit en banc or in two divisions, and shall promul!ate its rules of procedure in order to expedite disposition of election cases, includin! preD proclamation controversies# All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the +ommission en banc# o &lec cases include preDproc contros 0& those relatin! to elec, returns and *ualns of mems of +on! 3 under exc 7 of &lectoral $rib of ea 6ouse % +onsti A;, -91 o ,nc appeals fr cts 0-oller v# +omelec1 F?-$ / st be heard and decided by div of +omm o -ittin! en banc" -N$ have auth to hear and decide at /st instance o ecision rendered by it null and void 0-armiento v# +omelec1 o +omm en banc decide FRs of ON'( decisions of a iv 3 acts of a fin char o Order denyin! pets demurrer to evid, interlocutory, NO$ resolved by +omm en banc 0Cementi4o v# +omelec1 o Bactual findin!s of +omm based on O2N assessments and supported by !athered evid 3 conclusive upon cts, FOR&, in absence of substantiated

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attac. on validity o +omm en banc rvw and evaluates, ps pet, ps ans and supportin! papers attached 3 tantamount to fair hearin! o $echnical RO& NO$ ri!orously applied in admin proceedin!s esp where law calls for it to be sum 0 ian!.a v# +omelec1 ecision order/resoln of iv of +omm rvwed by +omm en banc via FR before fin en banc decision brou!ht to -+ on cert o Prere* filin! of FR manda 0Ambil v# +omelec1 +on!, by le!is, may fix pd for rendition of decisions for elec cases 51 -5<9, O,+ re*uires elec cases brou!ht before+omm decided w/in @8d fr date of submission for decision o +omm has many cases before it where attention to minutiae critical o $ribs manpower and lo!istic limitations, sensible to treat procedural re*ts on deadlines realistically o Overly strict adherence mi!ht induce it to resolve elec contests hurriedly by reason of lac. of matl time o NO$ what framers intended since strict construc F,C6$ allow procedural flaws to subvert will of electorate and amt to disenfranchisement of voters in may cases 0Alvare4 v# +omelec1 >1 -5<E, O,+ on preferential dispo of elec contests applies ON'( to cases before the cts, NO$ before +omelec

/1 prescribes elec pd o commence @8d before day of elec, natl/loc, and end >8d after o -N$ fix unalterable pd of @8d for elec campai!n 0Occena v# +omelec1 o +omelec/+on!, in sp cases, may chan!e duration o 'imiation to minimi4e partisan potl activities and expensive eleccontests 51 elec pd NO$ same as campai!n pd o elec" >8d after elec o campai!n" max @8d part intended for +omm to prepare for elec, printin! and distri of forms, apptment of mems in re!n boards and other preparatory acts campai!n pd fixed by law and covers ON'( pd before day of elec may be O@8d preDelec pd unlawful to en!a!e in elec campai!n/partisan potl activity outside campaid pd 0O,+, -E81

Regn of p!" ent't'e# an$ (e$'a AR$,+'& ,Q % +# $6& +OFF,--,ON ON &'&+$,ONSe t'on =2 $he +ommission may, durin! the election period, supervise or re!ulate the en)oyment or utili4ation of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all !rants, special privile!es, or concessions !ranted by the Covernment or any subdivision, a!ency, or instrumentality thereof, includin! any !overnmentDowned or controlled corporation or its subsidiary# -uch supervision or re!ulation shall aim to ensure e*ual opportunity, and e*ual rates therefor, for public information campai!ns and forums amon! candidates in connection with the ob)ective of holdin! free, orderly, honest, peaceful, and credible elections# o Auth !iven by +omm exerd for purpose of ensurin! free, orderly, honest, peaceful and credible elecs durin! elec pd o CO++s amon! those supervised/re!aulted o Place all candidates on 3 ftin! in ma.in! .nown *ualns and platforms and stand on pub ,s 3 e*uali4e opps of winnin! at polls o -imilar prov in 9> +onsti" plebiscites

Par$on, et of -'o)ator# of e)e )a.# Se t'on <# No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and re!ulations shall be !ranted by the President without the favorable recommendation of the +ommission# o Purpose" avoid possibility of Pres !rantin! pardon, amnesty, etc to violators of law/Rs and Rs concernin! elecs who may belon! to his p for potl reasons E)e an$ a(pa'gn p$# Se t'on ;2 ?nless otherwise fixed by the +ommission in special cases, the election period shall commence ninety days before the day of election and shall end thirty days thereafter#

Ren$'t'on of $e '#'on an$ B!$ r-. A;>A Se t'on 7# &ach +ommission shall decide by a ma)ority vote of all its Fembers, any case or matter brou!ht before it within sixty days from the date of its submission for decision or resolution# A case or matter is deemed submitted for decision or resolution upon the filin! of the last pleadin!, brief, or memorandum re*uired by the rules of the +ommission or by the +ommission itself# ?nless otherwise provided by this +onstitution or by law, any decision, order, or rulin! of each +ommission may be brou!ht to the -upreme +ourt on certiorari by the a!!rieved party within thirty days from receipt of a copy thereof# o 1) &ecisions, orders$rulings rv#able by ' on cert.DR;< 0Reyes v# R$+1 o rendered in axns/proceedin!s before it and ta.en co!ni4ance by it in exer of ad)udicatory/A7 powers involvin! elec re!ional, provl and city offs o case/matter referred to by +onsti 3 somethin! w/in 7 of +Omm, i#e#, pertain to elec dispute 0Carces v# +A1 o a1 ex# resoln of +omm awardin! contract for supply of votin! booths % NO$ rvwable by cert as NO$ an order rendered in a le! contro B?$ merely incident of inherent admin fxns over conduct of elecs A arisin! ta.en in O+A before R$+s 0Bil &n!rn! and Fachine -hop v# Berrer1 o b1 failure of +omm to implement resoln orderin! deletion of ocandidates name in list of *ualified candidates NO 3 admin, beyond )ud interference 0+haves v# +omelec1 o c1 resoln w/c provides for Rs and Rs !overnin! conduct of plebiscite 3 NO$ A7 fxns B?$ incident of inherent admin fxn 3 NO$ fin order rvwable by -+ 0-alva v# Fa.alintal1 o pd of ;8d be!ins to run fr filin! of last pleadin!, brief/memo 0A9, -/<T5U1 re*d by Rs of +omm/+omm itself o -/, R/>, +omelec ROP" -N$ allow FR of en banc rulin!, resoln, order/decision & in elec cases

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Any p who -N$ a!ree w/ it has ON'( / recourse 3 file -+A of cert under R;< R/@, -ec# =# .ffect of Motion for +econsideration on "eriod to Appeal # D A motion to reconsider a decision, resolution, order or rulin! when not proDforma, suspends the runnin! of the period to elevate the matter to the -upreme +ourt# o o 2) +v# limited to As involving abuse of discretion.D +onsti" -+ has NO !en power of super over +omelec & to rvw decisions, orders/rulin!s of +Omm on pet by cert by a!!rieved o cert 7 of -+ confined to instances of CA amtin! to patent and subst denial of P 0Aratuc v# +omelec1 committed by it in exer of ad)udicatory/A7 powers 0+haves v# +omelec1 o >< and 9> +onsti and this" -+ +AN$ rvw factual findin!s of +Omm & ON'( when theres AB-O'?$&'( NO evid/NO subst evid in support of findin!s 0Padilla v# +omelec1, FOR&-O in absence of subst attac. on validity ubst evid. % such relevant evid as a reasonable mind mi!ht accept as ade*uate to support a conc o Prin" findin!s of fact of admin bodies char!ed w/ spec field of expertise afforded !reat wt by cts, and in absence of subst showin! such are made fr erroneous estimation of evid presented 3 conc and in int of stability of !ovtal struc" -6O?' N$ be disturbed 0Falon4o v# +omelec1 o NO proof of CA , arbitrariness, fraud/error of law in decision 3 -+ +AN$ rvw factual findin!s/substitute its own 0 omin!o v# +omelec1 -) +eason for limited rv#.D ,n perf of fxns"+omelec -6O?' be !iven considerable latitutde in devisin! means and meths to insure accomplishment of ob)s for w/c created % free, order, honest, peaceful and honest elecs o choice of means ta.en NO$ a!reeable to +t B?$ unless clearly ille!/arbit/CA 3 ct NO$ interfere o due re to indep char of +omm as constil body re*uires power of ct to rvw acts used sparin!ly and restrictively, w/ care and caution, B?$ firmly in appropriate cases 0-umulon! v# +omelec1 '+s have NO auth to rvw orders/decisions of+omelec 0'uison v# Carcia1 o -5051" decisions, fin orders/rulin!s on elec contests involvin! elec muni and br!y ofces fin, exec and NO$ appealable 5) /rder granting e4ec pending appeal.D in resolvin! -+A for cert assailin! order !rantin! exec pendin! appeal for havin! been ,ed w/ CA 3 appellate trib/+omelec NO$ limited in in*uiry to challen!ed order B?$ ta.e into acct decision o exec pendin! appeal allowed by >@#5 & to CR" ON'( fin )du!s may be executed o prov strictly construed o allowed" a# on basis of !oods reasons to be stated in sp order b# reasons of such ur!ency as to outwei!h in)/dama!e of losin! p should he secure reversal of )ud! on appeal and c# must be motion by prevailin! p w/ notice to adverse 0Na4areno v# +omelec1

concernin! pleadin!s and practice before it or before any of its offices# -uch rules, however, shall not diminish, increase, or modify substantive ri!hts# o ubstantive rts % rts w/c substantive law declares/rts concernin! life, lib/prop o &x# rts in A>/Bill of Rts o "rocedural rts % refer to rems/means by w/c an a!!rieved whose susbtantive rts have been violated, may brin! case to suit, trial and )ud! o &x# rt of p to appeal decision of '+ to 6+ o RO+ applies suppletorily to proceedin!s before +omm 0+omelec ROP, R=>, -/1 %ote# re3$ for ren$'t'on of $e '#'on o A@DA, -9" +omelec shall decide by ma) vote of all mems ianyc ase/matter brou!ht before it o -<, +omelec Resoln No# /;;@" o Auorum! votes re3dH subti.D5 mems shall consti *uorum for transaxn of off bus of iv +ase bein! heard by it shall be decided w/ unanimous concurrence of all > +omms and its decision shall be considered a decision of the +omm# ,f this re*d nos NO$ obtained, as when theres a dissentin! opin, case may be appealed to +omm en banc, in w/c case vote of ma) shall be decisin fo +omm o +ase" /st iv of +omelec rendered 5D/ decision favorin! pet B?$ suspended proc as winner in con!l elec due to lac. of unanimous vote re*d by procedural Rs in Resoln /;;@ o Pursuant" resp filed FR/appeal w/ +omelec en banc, where > mems voted to sustain, w/5 dissentin! and / abstainin! 0died1 o On stren!th of >D5 vote" pet moved for proc by board of canvassers 3 !ranted o $. oath same day B?$ nxt day resp filed w/ +omelec ur!ent motion to suspend proc/annul/suspend effect if made o +omelec set motion for hearin! and ,ed restrainin! tele!ram en)oinin! pet fr assumin! ofc of mem of 6ouse o Pet came to -+ to en)oin +omelec fr actin! on motion and enforcin! restrainin! order prov applies to +omelec BO$6 in div and en banc o -+" 5D/ decision rendered by /st iv valid under A@DA, -9 > mems who voted to affirm constituted ma) of <mems who deliberated and voted en banc and decisions validunder constil prov proc of +ua 0pet1 based on 5 decisions was valid act that entitles him to assumehis seat in 6ouse indecisiveness of pub resp in appreciation and appli of own Rs seriously pre)udiced no of pp who remain unrepresented in6ouse despite fact con!lelecs were held 9mos a!o 0+ua v# +omelec1 o decision/resoln becomes bindin! ON'( after promul!ated and NO$ before o if at time of promul!ation, mem of +omm already vacated ofc 3 votes automatically w/drawn/cancelled 07amil v# +omelec1 A$$) f,n# a# (a* "e pro-'$e$ "* )a.

ROP A@DA, Se t'on 6# &ach +ommission en banc may promul!ate its own rules

148

o o

+omelec shall perf such other fxns as may be provided by law 0A@DA, -E1 By means of le!is, +omelec can be !iven nec meas of flexibility in dischar!e of constil tas.s o +on! +AN$ diminish powers and fxns !ranted by +onsti to +omm

inform the electorate about election laws, procedures, decisions, and other matters relative to the wor. and duties of the +ommission and the necessity of clean, free, orderly and honest electoral processes# 0.1 &nlist nonDpartisan !roup or or!ani4ations of citi4ens from the civic, youth, professional, educational, business or labor sectors .nown for their probity, impartiality and inte!rity with the membership and capability to underta.e a coordinated operation and activity to assist it in the implementation of the provisions of this +ode and the resolutions, orders and instructions of the +ommission for the purpose of ensurin! free, orderly and honest elections in any constituency# -uch !roups or or!ani4ations shall function under the direct and immediate control and supervision of the +ommission 0l1 +onduct hearin!s on controversies pendin! before it in the cities or provinces upon proper motion of any party, ta.in! into consideration the materiality and number of witnesses to be presented, the situation prevailin! in the area and the fund available for the purpose# 0m1 Bix other reasonable periods for certain preDelection re*uirements in order that voters shall not be deprived of their ri!ht of suffra!e and certain !roups of ri!hts !ranted them in this +ode# Chapter Three RE1TS BEFORE ELEC A2 Reg'#trat'on Regn of -oter# o Rts of cit to votes necessarily condid upon procl re*ts he must under!o, proc of re!n 0A.bayan v# +omelec1 o As a means of detin! who possess *ualns of voters and re!ulatin! exer of rt to vote, stats passed re*uirin! names of those entitled to vote to be previously recorded by ofcers provided for that purpose o 'aws ordinarily .nown regn la#, and act of lisint! names 3 regn 0RA E/E@, Hoters Re!n Act of @; % -5, >, 9, E,@,/81 o +onsti, by prescribin! *ualns of voters, re*uires exam of claims of persons to vote, on !round of possessin!*ualns, must be had by those who are to decide on them o Provs in !en law re!ulatin! elecs w/c re*uire *ualns of voters shall be previously offered and proved, in order to entitle them to vote, that their names shall be entered uponan alphabetical re!/list of voters hi!hly reasonable and useful calculated to promote peace, order and celerity in conduct of elecs faci and secure most precious rt to those who are by the +onsti entitled to en)oy it o +AN$ be )ustly re!arded as addin! a new *ualn to those prescribed by the +onsti B?$ as a reasonable and convenient re!n of the mode of exerin! the rt of votin!

Po.er# an$ f,n# of Co(( !n$er OIC o BP Bl! EE/, -<5 0a1 &xercise direct and immediate supervision and control over national and local officials or employees, includin! members of any national or local law enforcement a!ency and instrumentality of the !overnment re*uired by law to perform duties relative to the conduct of elections# ,n addition, it may authori4e +F$ cadets ei!hteen years of a!e and above to act as its deputies for the purpose of enforcin! its orders# 0c1 Promul!ate rules and re!ulations implementin! the provisions of this +ode or other laws which the +ommission is re*uired to enforce and administer, and re*uire the payment of le!al fees and collect the same in payment of any business done in the +ommission, at rates that it may provide and fix in its rules and re!ulations# 0d1 -ummon the parties to a controversy pendin! before it, issue subpoena and subpoena duces tecum, and ta.e testimony in any investi!ation or hearin! before it, and dele!ate such power to any officer of the +ommission who shall be a member of the Philippine Bar# ,n case of failure of a witness to attend, the +ommission, upon proof of service of the subpoena to said witnesses, may issue a warrant to arrest witness and brin! him before the +ommission or the officer before whom his attendance is re*uired# when necessary, avail of the assistance of any national or local law enforcement a!ency and/or instrumentality of the !overnment to execute under its direct and immediate supervision any of its final decisions, orders, instructions or rulin!s# 0e1 Punish contempts provided for in the Rules of +ourt in the same procedure and with the same penalties provided therein# Any violation of any final and executory decision, order or rulin! of the +ommission shall constitute contempt thereof# 0f1 &nforce and execute its decisions, directives, orders and instructions which shall have precedence over those emanatin! from any other authority, except the -upreme +ourt and those issued in habeas corpus proceedin!s# 0!1 Prescribe the forms to be used in the election, plebiscite or referendum# 0h1 Procure any supplies, e*uipment, materials or services needed for the holdin! of the election by public biddin!" 0i1 Prescribe the use or adoption of the latest technolo!ical and electronic devices, ta.in! into account the situation prevailin! in the area and the funds available for the purpose" 0)1 +arry out a continuin! and systematic campai!n throu!h newspapers of !eneral circulation, radios and other media forms to educate the public and fully

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Ne e##'t* of regn o &ssential to rt of suffra!e, NO$ possession o Part and parcel of rt to vote and indispensable elem in elec proc 0Aporadera v# -otto1 o -ec# //<# Necessity of Re!istration# D ,n order that a *ualified elector may vote in any election, plebiscite or referendum, he must be re!istered in the permanent list of voters for the city or municipality in which he resides# -ec# //;# 2ho may be re!istered in the list# D All persons havin! complied with the re*uisites herein prescribed for the re!istration of voters shall be re!istered in the list, provided they possess all the *ualifications and none of the dis*ualifications of a voter# -ec# //9# Aualifications of a voter# D Any person who transfers residence to another city, municipality or country solely by reason of his occupationK professionK employment in private or public serviceK educational activitiesK wor. in military or naval reservationsK service in the army, navy or air forceK the constabulary or national police forceK or confinement or detention in !overnment institutions in accordance with law, shall be deemed not to have lost his ori!inal residence# o ?nless excused by fact w/c law deems suff, voter F?-t re! if hed exer his priv o Bact hes *ualified F?-$ be evidenced by proper re!n, and where its NO$ so evidenced, failure must, where opp for re!ns afforded, be attributed to voters own fault/ne!lect

,''?-$RA$,H& +A-& AE"a*an 0o!th -2 Co(e)e 588/ 'omelec denied re3uest of pets to hold sp regn of ne# voters ages 1*021 7acts! o Pets repin! youth sector, see. to dir +omelec to conduct sp re!n before Fay /= 8/ Cen &lecs, of new voters a!es /ED5/ o Pets" =F youth failed to re! on/before ec 59 88 deadline set by resp +omelec under RA E/E@ o +omelec ,ed Resoln ><E=" o V eliberatin! on the fore!oin! memoranda, the +ommission R&-O'H& , as it hereby R&-O'H&-, to deny the re*uest to conduct a twoDday additional re!istration of new voters on Bebruary /9, and /E 588/#V o A!!rieved by the denial, petitioners AIBA(AND(outh, -+AP, ?+-+, FA-P, IOFP,' ,, 0(O?$61 et# al# filed before this +ourt the instant Petition for +ertiorari and Fandamus, doc.eted as C#R# NO# /=98;;, which see.s to set aside and nullify respondent +OF&'&+Zs Resolution and/or to declare -ection E of R#A# E/E@ unconstitutional insofar as said provision effectively causes the disenfranchisement of petitioners and others similarly situated# 'i.ewise, petitioners pray for the issuance of a writ of mandamus directin! respondent +OF&'&+ to conduct a special re!istration of new voters and to admit for re!istration petitioners and other similarly situated youn! Bilipinos to *ualify

them to vote in the Fay /=, 588/ Ceneral &lections# 8ssue! o 2ON the -+ can compel resp +omelec, thru the extraordin writ of manda, to conduct a sp re!n of new voters durin! the pd bet the +omelecs imposed ec 59 88 deadline and the Fay /> 8/ elecs Held! o ignificance of regn.00 contrary to petitionersZ ar!ument, re!istration cannot and should not be deni!rated to the lowly stature of a mere statutory re*uirement# Proceedin! from the si!nificance of re!istration as a necessary re*uisite to the ri!ht to vote, the -tate undoubtedly, in the exercise of its inherent police power, may then enact laws to safe!uard and re!ulate the act of voterZs re!istration for the ultimate purpose of conductin! honest, orderly and peaceful election, to the incidental yet !enerally important end, that even preDelection activities could be performed by the duly constituted authorities in a realistic and orderly manner D one which is not indifferent and so far removed from the pressin! order of the day and the prevalent circumstances of the times# o 2) "rohibitive pd for regn.DD -ection E or R#A# E/E@, which provides a system of continuin! re!istration, is explicit, to wit" o V-&+# E# ystem of 'ontinuing +egistration of >oters. D $he Personal filin! of application of re!istration of voters shall be conducted daily in the office of the &lection Officer durin! re!ular office hours# No re!istration shall, however, be conducted durin! the period startin! one hundred twenty 0/581 days before a re!ular election and ninety 0@81 days before a special election,V 0&mphasis Ours1 o 'i.ewise, -ection >< of R# A# E/E@, which amon! others, spea.s of a prohibitive period within which to file a sworn petition for the exclusion of voters from the permanent voterZs list, provides" V-&+# ><# "etition for .4clusion of >oters from the 2ist D Any re!istered voter, representative of a political party x x x may file x x x except one hundred 0/881 days prior to a re!ular election x x x#V o As aptly observed and succinctly worded by respondent +OF&'&+ in its +omment" Vx x x# $he petition for exclusion is a necessary component to re!istration since it is a safety mechanism that !ives a measure of protection a!ainst flyin! voters, nonD*ualified re!istrants, and the li.e# $he prohibitive period, on the other hand serves the purpose of securin! the voterZs substantive ri!ht to be included in the list of voters# V,n realDworld terms, this means that if a special voterZs re!istration is conducted, then the prohibitive period for filin! petitions for exclusion must li.ewise be ad)usted to a later date# ,f we do not, then no one can challen!e the HoterZs list since we would already be well into the /88Dday prohibitive period# Aside from bein! a fla!rant breach of the principles of due process, this would open the re!istration process to abuse and seriously compromise the inte!rity of the voterZs list, and conse*uently, that of the entire election# Pd serve vital role in protectin! inte! of re!n proc# 2O prohibitive pds, +omelec deprived of time to evaluate evid

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of appli# Obli!ed to ta.e them at face value# +ompromise on safety nets, end up w/ voters list of flyin! voters and un*ualified re!istrants Vx x x# $he short cuts that will have to be adopted in order to fit the entire process of re!istration within the last ;8 days will !ive rise to hapha4ard list of voters, some of whom mi!ht not even be *ualified to vote, x x x the very possibility that we shall be conductin! elections on the basis of an inaccurate list is enou!h to cast a cloud of doubt over the results of the polls# ,f that happens, the unfor!ivin! public will disown the results of the elections, re!ardless of who wins, and re!ardless of how many courts validate our own results# x x xV -) 'omelec acted #$in bounds of la#.00 ?nder these circumstances, we rule that the +OF&'&+ in denyin! the re*uest of petitioners to hold a special re!istration, acted within the bounds and confines of the applicable law on the matter D -ection E of R#A# E/E@# ,n issuin! the assailed Resolution, respondent +OF&'&+ simply performed its constitutional tas. to enforce and administer all laws and re!ulations relative to the conduct of an election, inter alia, *uestions relatin! to the re!istration of votersK evidently, respondent +OF&'&+ merely exercised a prero!ative that chiefly pertains to it and one which s*uarely falls within the proper sphere of its constitutionally mandated powers# 6ence, whatever action respondent ta.es in the exercise of its wide latitude of discretion, specifically on matters involvin! votersZ re!istration, pertains to the wisdom rather than the le!ality of the act# Accordin!ly, in the absence of clear showin! of !rave abuse of power or discretion on the part of respondent +OF&'&+, this +ourt may not validly conduct an incursion and meddle with affairs exclusively within the province of respondent +OF&'&+ D a body accorded by no less than the fundamental law with independence#

Regn .+ E)e Regn Boar$ 0RA E/E@ % Hoters Re!n Act1 o 1) -ec# /<# .lection +egistration 1oard. 0 $here shall be in each city and municipality as many as &lection Re!istration Boards as there are election officers therein# ,n thic.ly populated cities/municipalities, the +ommission may appoint additional election officers for such duration as may be necessary# o $he Board shall be composed of the &lection Officer as chairman and as members, the public school official most senior in ran. and the local civil re!istrar, or in this absence, the city or municipal treasurer# $he &lec Ofcers the hi!hest off/authori4ed rep of the +omm in a city/muni# o ,n case of dis*ualification of the &lection Officer, the +ommission shall desi!nate an actin! &lection Officer who shall serve as +hairman of the &lection Re!istration Board# ,n case of dis*ualification or nonDavailability of the 'ocal Re!istrar or the Funicipal $reasurer, the +ommission shall desi!nate any other appointive civil service official from the same locality as substitute# 0RA E/E@, -/<1 o 2) 8lliterate$disabled applicants.D->" 0e1 ,lliterate or isabled person refers to one who cannot by himself prepare an application for re!istration because of his physical disability and/or inability to read and writeK o -ec# /=# 8lliterate or &isabled Applicants. 0 Any illiterate person may

re!ister with the assistance of the &lection Officer or any member of an accredited citi4ens arms# $he &lection Officer shall place such illiterate person under oath, as. him the *uestions, and record the answers !iven in order to accomplish the application form in the presence of the ma)ority of the members of the Board# $he &lection Officer or any member of an accredited citi4ens arm shall read the accomplished form aloud to the person assisted and as. him if the information !iven is true and correct $he accomplished form shall be subscribed by the applicant in the presence of the Board by means of thumbmar. or some other customary mar. and it shall be subscribed and attested by the ma)ority of the members of the Board# o $he attestation shall state the name of the person assisted, the name of the &lection Officer or the member of the accredited citi4ens arm who assisted the applicant, the fact that the &lection Officer placed the applicant under oath, that the &lection Officer or the member of the accredited citi4ens arm who assisted the applicant read the accomplished form to the person assisted, and that the person assisted affirmed its truth and accuracy, by placin! his thumbmar. or some other customary mar. on the application in the presence of the Board# o $he application for re!istration of a physically disabled person may be prepared by any relative within the fourth civil de!ree of consan!uinity or affinity or by the &lection Officer or any member of an accredited citi4ens arm usin! the data supplied by the applicant# o $he fact of illiteracy or disability shall be so indicated in the application# -) -ec# /5# 'hange of +esidence to Another 'ity or Municipality. D Any re!istered voter who has transferred residence to another city or municipality may apply with the &lection Officer of his new residence for the transfer of his re!istration records# o $he application for transfer of re!istration shall be sub)ect to the re*uirements of notice and hearin! and the approval of the &lection Re!istration Board, in accordance with this Act# ?pon approval of the application for transfer, and after notice of such approval to the &lection Officer of the former residence of the voter, said &lection Officer shall transmit by re!istered mail the voters re!istration record to the &lection Officer of the voters new residence# -ec# /># 'hange of Address in the ame 'ity or Municipality. 0 Any voter who has chan!ed his address in the same city or municipality shall immediately notify the &lection Officer in writin!# ,f the chan!e of address involves a chan!e in precinct, the Board shall transfer his re!istration record to the precinct boo. of voters of his new precinct and notify the voter of his new precinct All chan!es of address shall be reported to the office of the provincial election supervisor and the +ommission in Fanila# 5) -ec# /9# %otice and Hearing of Applications. 0 ?pon receipt of applications for re!istration, the &lection Officer shall set them for hearin!, notice of which shall be posted in the city or municipal bulletin board and in his office for at least one 0/1 wee. before the hearin!, and furnish copies thereof to the applicant concerned, the heads or representatives of political parties, and other accredited !roups or or!ani4ations which actively participate in the electoral process in the city or municipality# On the date of the hearin!, the &lection Officer shall receive such evidence for or a!ainst the applicant#

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A re!istrant whose application is not seasonably ob)ected to shall be notified in writin! statin! therein that no ob)ection was raised a!ainst his application and that he need not appear on the date set for the hearin! of his application# Physical presence of the applicant concerned shall, however, be mandatory in all cases where ob)ections a!ainst his application have been seasonably filed with the proper &lection Re!istration Board for him to rebut or refute evidence presented in opposition thereto# o All applications for re!istration shall be heard and processed on a *uarterly basis# Bor this purpose, the &lection Re!istration Board shall meet and convene on the third Fonday of April, 7uly, October, and 7anuary of every calendar year, or on the next followin! wor.in! day if the desi!nated days fail on a nonDwor.in! holiday, except in an election year to conform with the one hundred twenty 0/581 days prohibitive period before election day# -hould one day be sufficient for the processin! of all accepted applications, the Board shall ad)ourn from day to day until all the applications shall have been processed# <) -ec# /E# 'hallenges to +ight to +egister. 0 Any voter, candidate or representative of a re!istered political party may challen!e in writin! any application for re!istration, statin! the !rounds therefor# $he challen!e shall be under oath and be attached to the application, to!ether with the proof of notice of hearin! to the challen!er and the applicant# o Oppositions to contest a re!istrants application for inclusion in the voters list must, in all cases, be filed not later than the second Fonday of the month in which the same is scheduled to be heard or processed by the &lection Re!istration Board# -hould the second Fonday of the month fall on a nonDwor.in! holiday, oppositions may be filed on the next followin! wor.in! day# $he hearin! on the challen!e shall be heard on the third Fonday of the month and the decision shall be rendered before the end of the month# )) -ec# 58# Approval and &isapproval of Application. 0 $he &lection Officer shall submit to the Board all applications for re!istration filed, to!ether with the evidence received in connection therewith# $he Board shall, by ma)ority vote, approve or disapprove the applications# o ?pon approval, the &lection Officer shall assi!n a voters identification number and issue the correspondin! identification card to the re!istered voter# ,f the Board disapproves the application, the applicant shall be furnished with a certificate of disapproval statin! the !round therefor# ,n cases of approval or disapproval, any a!!rieved party may file a petition for exclusion or inclusion, as the case may be, with the proper Funicipal or Fetropolitan $rial +ourt# ,) -ec# 5/# "ublication of Action on Application for +egistration. 0 2ithin five 0<1 days from approval or disapproval of application, the Board shall post a notice in the bulletin board of the city or municipal hall and in the office of the &lection Officer, statin! the name and address of the applicant, the date of the application, and the action ta.en thereon# $he &lection Officer shall furnish a copy of such notice personally, or by re!istered mail or special delivery to the applicant and heads or representatives of re!istered political parties in the city or municipality# o

Pre#er-at'on of %oterI# Regn Re #

-ec# 55# "reservation of >oter(s +egistration +ecords. 0 $he &lection Officer shall compile the ori!inal copies of the approved applications for re!istration per precinct and arran!e the same alphabetically accordin! to surname# 6e shall preserve the boo. of voters and ensure its inte!rity# $he second and third copies of the re!istration records shall be sent to the provincial and national central files within three 0>1 days after the approval of the Board# o 1) -ec# 5># "rovincial 7ile. 0 $here shall be a provincial file consistin! of the duplicate copies of all re!istration records in each precinct of every city and municipality in the province# ,t shall be in the custody of the Provincial &lection -upervisor and shall be compiled and arran!ed by precinct, by municipality and alphabetically by surnames of voters# o -hould the boo. of voters in the custody of the &lection Officer be lost or destroyed at a time so close to election day that there is no time to reconstitute the same, the correspondin! boo. of voters in the provincial file shall be used durin! the votin!# o 2) -ec# 5=# %ational 'entral 7ile. D $here shall be a national central file under the custody of the +ommission in Fanila consistin! of the third copies of all approved voter re!istration records in each city or municipality# ,t shall be compiled by precinct in each city/municipality and arran!ed alphabetically by surname so as to ma.e the file a replica of the boo. of voters in the possession of the &lection Officer# $hereafter a national list shall be prepared followin! the alphabetical arran!ements of surnames of voters# o $here shall be a national file consistin! of the computeri4ed voters list 0+H'1, both in print and in dis.ette, submitted by the &lection Officers in each city and municipality concerned, under the custody of the +ommission in Fanila# o $he computeri4ed voters list shall ma.e use of a sin!le and uniform computer pro!ram that will have a detailed sortin! capability to list voters alphabetically by the precincts where they vote, by the baran!ays, municipalities, cities or provinces where they reside and by their voters identification number 0H,N1# I$n of -oter# o 1) -ec# 5<# >oter(s 8dentification 'ard. 0 $he voters identification card issued to the re!istered voter shall serve as a document for his identification# ,n case of loss or destruction, no copy thereof may be issued except to the re!istered voter himself and only upon the authority of the +ommission# o $he +ommission shall adopt a desi!n for the voters identification card which shall be, as much as possible, tamper proof# ,t shall provide the followin!" the name and address of the voter, his date of birth, sex, photo!raph, thumbmar., and the number of precinct where he is re!istered, the si!nature of the voter and the chairman of the &lection Re!istration Board and the voters identification number 0H,N1# o 2) -ec# 5;# >oter(s 8dentification %umber (>8%). 0 $he +ommission shall assi!n every re!istered voter a voters identification number 0H/N1 consistin! of three parts, each separated by a dash# Bor example" 9<8/ D88/@/ D+/=<B+ # o 0a1 Part /" +urrent Address of the Hoter 0/1 the first two di!its 9< stand for the provinceK and 051 $he last two di!its, 8/, stand for the city, municipality, or a district, particularly in Fanila# $he code assi!nment for provinces, cities and municipalities o

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shall follow the ?rban +ode devised by the National +ensus and -tatistics Office 0N+-O1# o 0b1 Part ,," +urrent Precinct Assi!nment of the Hoter 0/1 $he first four di!its, 88/@, stand for the permanent number of the precinct where the voter is currently assi!ned" and 051 $he letter indicates whether it is a mother or a dau!hter precinct# $he number assi!ned to the precinct in every city or municipality shall be permanent but the voter may transfer his precinct number# $he H,N reflects the current precinct assi!nment of the voter# o 0c1 Part ,,," Permanent Birth and Name +ode ?ni*ue to the Hoter 0/1 $he letter, +, stands for the month, i#e#, A for 7anuary, B for Bebruary, and so forthK 051 $he next two di!its, /=, stand for the date of birthK 0>1 $he next two di!its, </, stand for the year of birthK and 0=1 $he last three letters, B+ , stand for the name code, i.e., Bayani +ru4 avide# $he last three letters shall stand for the first letter of the first name, the middle name, and the last name in that order# $he +ommission shall ensure that Part ,,, hereof of the voters identification number 0H,N1 shall be permanent and uni*ue to each voter# ,f necessary, the +ommission may expand and modify the same# o 0d1 $he combined birth and name code is assi!ned durin! the lifetime of every voter# ?pon transfer of the voter to another precinct, the first two parts of the H,N shall chan!e# Dea t'-at'on, rea t'-at'on an$ an e))at'on of regn o 1) -ec# 59# &eactivation of +egistration. 0 $he board shall deactivate the re!istration and remove the re!istration records of the followin! persons from the correspondin! precinct boo. of voters and place the same, properly mar.ed and dated in indelible in., in the inactive file after enterin! the cause or causes of deactivation" o 0a1 Any person who has been sentenced by final )ud!ment to suffer imprisonment for not less than one 0/1 year, such disability not havin! been removed by plenary pardon or amnesty" Provided, however, $hat any person dis*ualified to vote under this para!raph shall automatically reac*uire the ri!ht to vote upon expiration of five 0<1 years after service of sentence as certified by the cler.s of courts of the Funicipal/Funicipal +ircuit/Fetropolitan/Re!ional $rial +ourts and the -andi!anbayanK o 0b1 Any person who has been ad)ud!ed by final )ud!ment by a competent court or tribunal of havin! caused/committed any crime involvin! disloyalty to the duly constituted !overnment such as rebellion, sedition, violation of the antiDsubversion and firearms laws, or any crime a!ainst national security, unless restored to his full civil and political ri!hts in accordance with lawK Provided, $hat he shall re!ain his ri!ht to vote automatically upon expiration of five 0<1 years after service of sentenceK o 0c1 Any person declared by competent authority to be insane or incompetent unless such dis*ualification has been subse*uently

removed by a declaration of a proper authority that such person is no lon!er insane or incompetentK o 0d1 Any person who did not vote in the two 051 successive precedin! re!ular elections as shown by their votin! records# Bor this purpose, re!ular elections do not include the -an!!unian! Iabataan 0-I1 electionsK o 0e1 Any person whose re!istration has been ordered excluded by the +ourtK and o 0f1 Any person who has lost his Bilipino citi4enship o Bor this purpose, the cler.s of court for the Funicipal/Funicipal +ircuit/Fetropolitan/Re!ional $rial +ourts and the -andi!anbayan shall furnish the &lection Officer of the city or municipality concerned at the end of each month a certified list of persons who are dis*ualified under para!raph 0a1 hereof, with their addresses# $he +ommission may re*uest a certified list of persons who have lost their Bilipino +iti4enship or declared as insane or incompetent with their addresses from other !overnment a!encies# o $he &lection Officer shall post in the bulletin board of his office a certified list of those persons whose re!istration were deactivated and the reasons therefor, and furnish copies thereof to the local heads of political parties, the national central file, provincial file, and the voter concerned# 2) -ec# 5E# +eactivation of +egistration. 0 Any voter whose re!istration has been deactivated pursuant to the precedin! -ection may file with the &lection Officer a sworn application for reactivation of his re!istration in the form of an affidavit statin! that the !rounds for the deactivation no lon!er exist any time but not later than one hundred twenty 0/581 days before a re!ular election and ninety 0@81 days before a special election# o $he &lection Officer shall submit said application to the &lection Re!istration Board for appropriate action# o ,n case the application is approved, the &lection Officer shall retrieve the re!istration record from the inactive file and include the same in the correspondin! precinct boo. of voters# 'ocal heads or representatives of political parties shall be properly notified on approved applications# -) -ec# 5@# 'ancellation of +egistration. 0 $he Board shall cancel the re!istration records of those who have died as certified by the 'ocal +ivil Re!istrar# $he 'ocal +ivil Re!istrar shall submit each month a certified list of persons who died durin! the previous month to the &lection Officer of the place where the deceased are re!istered# ,n the absence of information concernin! the place where the deceased is re!istered, the list shall be sent to the &lection Officer of the city or municipality of the deceaseds residence as appearin! in his death certificate# ,n any case, the 'ocal +ivil Re!istrar shall furnish a copy of this list to the national central file and the proper provincial file# o $he &lection Officer shall post in the bulletin board of his office a list of those persons who died whose re!istrations were cancelled, and furnish copies thereof to the local heads of the political parties, the national central file, and the provincial file#

L'#t of -oter# per pre 'n t o -5, 0d1 "'ist of Hoters refers to an enumeration of names of re!istered voters

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in a precinct duly certified by the &lection Re!istration Board for use in the electionK 1) -ec# =# "ermanent 2ist of >oters. 0 $here shall be a permanent list of voters per precinct in each city or municipality consistin! of all re!istered voters residin! within the territorial )urisdiction of every precinct indicated by the precinct maps# o a1 -uch precinctDlevel list of voters shall be accompanied by an addition deletion list of the purpose of updatin! the list# o b1 Bor the purpose of the /@@9 !eneral re!istration, the +ommission shall cause the preparation and postin! of all precinct maps in every baran!ay nationwide# Bive days before the /@@9 !eneral re!istration, individual precinct maps shall be posted at the door of each pollin! place# -ubse*uently, the &lection Officer shall be responsible for the display, throu!hout the year, of precinct maps in his office and in the bulletin board of the city or municipal hall# o c1 $he precinct assi!nment of a voter in the permanent list of voters shall not be chan!ed or altered or transferred to another precinct without the express written consent of the voter" Provided, however, $hat the voter shall not unreasonably withhold such consent# Any violation thereof shall constitute an election offense which shall be punished in accordance with law# 2) -ec# =># 'omputeri@ation at "ermanent 2ist of >oters. D A permanent and computeri4ed list arran!ed by precinct, city or municipality, province and re!ion shall be prepared by the +ommission# $hereafter, another list shall be prepared consistin! of the names of the voters, arran!ed alphabetically accordin! to surnames# o $he computer printDouts of the list of voters duly certified by the Board are official documents and shall be used for votin! and other election related purposes as well as for le!itimate research needs# o $he total number of voters in the permanent list shall be the basis for the printin! of the official ballots by the +ommission# -) -ec# >8# "reparation and "osting of the 'ertified 2ist of >oters. 0 $he Board shall prepare and post certified list of voters ninety 0@81 days before a re!ular election and sixty 0;81 days before a special election and furnish copies thereof to the provincial, re!ional and national central files# +opies of the certified list, alon! with a certified list of deactivated voters cate!ori4ed by precinct per baran!ay, within the same period shall li.ewise be posted in the office of the &lection Officer and in the bulletin board of each city/municipal hall# ?pon payment of the fees as fixed by the +ommission, the candidates and heads of re!istered political parties shall also be furnished copies thereof# o $he Board shall also furnish two 051 certified copies for said certified list of voters, alon! with a certified list of deactivated voters to the Board of &lection ,nspectors for postin! in the pollin! place and for their reference on election day#

the boo. of voters# o After verification and certification by the Board of &lection ,nspectors and party representatives as to the completeness of the voters re!istration records in the precinct boo. of voters, the Board shall seal the boo. of voters in the presence of the former at the start of the campai!n period and ta.e custody of the same until their distribution to the Board of &lection ,nspectors on election day# $he &lection Officer shall deliver the sealed precinct boo. of voters to the chairman of the Board of &lection ,nspectors when the latter secures its official ballots and other paraphernalia for election day# 2) -ec# >@# Annulment. D $he +ommission shall, upon verified petition of any voter or election officer or duly re!istered political party, and after notice and hearin!, annul any boo. of voters that is not prepared in accordance with the provisions of this Act or was prepared throu!h fraud, bribery, for!ery, impersonation, intimidation, force or any similar irre!ularity, or which contains data that are statistically improbable# No order, rulin! or decision annullin! a boo. of voters shall be executed within ninety 0@81 days before an election#

BE of -oter# o -5, 0c1" Boo. of Hoters refers to the compilation of all re!istration records in a precinctK o 1) -ec# >/# ealing. 0 $he &lec Re!n Board shall notify within fifteen 0/<1 days before the start of the campai!n period of all re!istered political parties and members of the Board of &lection ,nspectors to inspect and verify the completeness of the voters re!istration records for each precinct compiled in

In )!#'on, e, )!#'on an$ orre t'on of na(e# of -oter# o 1) -ec# >5# =udicial "roceedings. B o 0a1 Petition for inclusion, exclusion or correction of names of voters shall be filed durin! office hoursK o 0b1 Notice of the place, date and time of the hearin! of the petition shall be served upon the members of the Board and the challen!ed voter upon filin! of the petition# -ervice of such notice may be made by sendin! a copy thereof by personal delivery, by leavin! it in the possession of a person of sufficient discretion in the residence of the challen!ed voter, or by re!istered mail# -hould the fore!oin! procedures not be practicable, the notice shall be posted in the bulletin board of the city or municipal hall and in two 051 other conspicuous places within the city or municipalityK o 0c1 A petition shall refer only to one 0/1 precinct and implead the Board as respondentsK o 0d1 No costs shall be assessed a!ainst any party in these proceedin!s# 6owever, if the court should find that the application has been filed solely to harass the adverse party and cause him to incur expenses, it shall order the culpable party to pay the costs and incidental expensesK o 0e1 Any voter, candidate or political party who may be affected by the proceedin!s may intervene and present his evidenceK o 0f1 $he decision shall be based on the evidence presented and in no case rendered upon a stipulation of facts# ,f the *uestion is whether or not the voter is real or fictitious, his nonDappearance on the day set for hearin! shall be prima facie evidence that the challen!ed voter is fictitiousK and o 0!1 $he petition shall be heard and decided within ten 0/81 days from the date of its filin!# +ases appealed to the Re!ional $rial +ourt shall be decided within ten 0/81 days from receipt of the appeal# ,n all cases, the court shall decide these petitions not later than fifteen 0/<1 days before the election and the decision shall become final and executory#

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2) -ec# >># =urisdiction in 8nclusion and .4clusion 'ase. 0 $he Funicipal and Fetropolitan $rial +ourts shall have ori!inal and exclusive )urisdiction over all cases of inclusion and exclusion of voters in their respective cities or municipalities# ecisions of the Funicipal or Fetropolitan $rial +ourts may be appealed by the a!!rieved party to the Re!ional $rial +ourt within five 0<1 days from receipt of notice thereof# Otherwise, said decision shall become final and executory# $he re!ional trial court shall decide the appeal within ten 0/81 days from the time it is received and the decision shall immediately become final and executory# No motion for reconsideration shall be entertained# 59 Se t'on 5=2 "etition for 8nclusion of >oters in the 2ist. Any person whose application for re!istration has been disapproved by the Board or whose name has been stric.en out from the list may file with the court a petition to include his name in the permanent list of voters in his precinct at any time except one hundred five 0/8<1 days prior to a re!ular election or seventyDfive 09<1 days prior to a special election# ,t shall be supported by a certificate of disapproval of his application and proof of service of notice of his petition upon the Board# $he petition shall be decided within fifteen 0/<1 days after its filin!# o ,f the decision is for the inclusion of voters in the permanent list of voters, the Board shall place the application for re!istration previously disapproved in the correspondin! boo. of voters and indicate in the application for re!istration the date of the order of inclusion and the court which issued the same# =1 Se t'on 5<2 "etition for .4clusion of >oters from the 2ist. Any re!istered voters, representative of a political party or the &lection Officer, may file with the court a sworn petition for the exclusion of a voter from the permanent list of voters !ivin! the name, address and the precinct of the challen!ed voter at any time except one hundred 0/881 days prior to a re!ular election or sixtyD five 0;<1 days before a special election# $he petition shall be accompanied by proof of notice to the Board and to the challen!ed voter and shall be decided within ten 0/81 days from its filin!# o ,f the decision is for the exclusion of the voter from the list, the Board shall, upon receipt of the final decision, remove the voter s re!istration record from the correspondin! boo. of voters, enter the order of exclusion therein, and thereafter place the record in the inactive file# <1 Se t'on 562 >erification of +egistered >oters. $he &lection officer shall, in order to preserve the inte!rity of the permanent list of voters, file exclusion proceedin!s when necessary, and verify the list of the re!istered voters of any precinct by re!ular mail or house to house canvass# o $he +ommission may enlist the help of representatives of political parties and deputi4e nonD!overnment or!ani4ations 0NCOs1, civic or!ani4ations and baran!ay officials to assist in the verification and house to house canvass of re!istered voters in every precinct# 69 Se t'on 572 >oter .4cluded 6hrough 8nadvertence or +egistered #ith an .rroneous or Misspelled name. D Any re!istered voter who has not been included in the precinct certified list of voters or who has been included therein with a wron! or misspelled name may file with the Board an application for reinstatement or correction of name# ,f it is denied or not acted upon, he may file on any date with the proper Funicipal +ircuit, Funicipal or Fetropolitan $rial +ourt a petition for an order directin! that his name be

entered or corrected in the list# 6e shall attach to the petition a certified copy of his re!istration record or identification card or the entry of his name in the certified list of voters used in the precedin! election, to!ether with the proof that his application was denied or not acted upon by the Board and that he has served notice to the Board#

79 Se t'on 5:2 >oters .4cluded through 8nadvertence or +egistered #ith an .rroneous or Mispelled %ame. D Any re!istered voter whose re!istration record has not been included in the precinct boo. of voters, or whose name has been omitted in the list of voters or who has been included therein with a wron! or mispelled name may file with the Board an application for inclusion of his record, or reinstatement or correction of his name as the case may be# ,f it is denied or not acted upon, the voter may file on any date with the proper Funicipal or Fetropolitan $rial +ourt a petition for an order directin! that the voters name be entered or corrected in the list# $he voters shall attach to the petition a certified true copy of his re!istration record or identification card or the entry of his name in the list of voters used in the precedin! election, to!ether with proof that his application was denied or not acted upon by the Board and that he has served notice thereof to the Board# o O4amis v# Wota" citi4enship of person to be stric.en fr list of voters may be decided in exclusion proceedin!s o Fa)or v# Hillaceta" considerin! sum char of exclusion case, decision ct may render &H&N if fin and unappealable -N$ ac*uire nature of R7

In )!#'on an$ e, )!#'on pro ee$'ng# #!( 'n har /1 proceedin!s for exc/inc