234 LAW ON PUBLIC OFFICERS Consolidated from Reviewer and Outline from BarOps 2003 a nd 2004 I.

PUBLIC OFFICE AND OFFICERS A. Public Office 1. Definition • the right, authority and duty created and conferred by law, by which for a given period, ei ther fixed by law or enduring at the pleasure of the appointing power, an indivi dual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public. (Fernandez v Sto. Tomas, March 7, 2005) 2. Purpose • to effect the end for which government has been instit uted which is the common good; not profit, honor, or private interest of any per son, family or class of persons (63 Am Jur 2d 667) 3. Nature • A public office is a public trust. (Art. XI, Sec. 1, 1987 Consti) • It is a responsibility and not a right. (Morfe v. Mutuc) 4. Elements • Must be created either by (a) the Constituti on, (b) the Legislature, or (c) a municipality or other body through authority c onferred by the Legislature; • Must possess a delegation of a portion of the sover eign power of government, to be exercised for the benefit of the public; • The pow ers conferred and the duties discharged must be defined, directly or impliedly b y the Legislature or through legislative authority; • The duties must be performed independently and without control of a superior power other than the law; Excep tion: If the duties are those of an inferior or subordinate office, created or a uthorized by the Legislature and by it placed under the general control of a sup erior office or body; • Must have some permanency and continuity Note: This is not to be applied literally. The Board of Canvassers is a public office, yet its du ties are only for a limited period of time. The element of continuance cannot be considered as indispensable. Mechem describes the delegation to the individual of some of the sovereign functions of government as “the most important characteri stic” in determining whether a position is a public office or not [Laurel v. Desie rto (April 12, 2002)]. In this case, Laurel, who was the chair of the National C entennial Commission (NCC), was declared by the Court to be a public officer. Th e Court ruled that the NCC performs executive functions as it enforces and carri es into operation the conservation and promotion of the nation’s historical and cu ltural heritage, a policy embodied in the Constitution. That Laurel did not rece ive any compensation during his tenure is of little consequence. This is because a salary is a usual but not a necessary criterion for determining the nature of the position. At the same time, the element of continuance cannot be considered as indispensable. 5. Public Office v. Public Employment • Public employment is br oader than public office. All public office is public employment, but not all pu blic employment is a public office. • A public office when it is created by law, w ith duties cast upon the incumbent which involve the exercise of some portion of the sovereign power, and in the performance of which the public is concerned. P ublic employment is a position which lacks one or more of the foregoing elements . Public Office Creation Incident sovereignty of Public Contract Originates from will of contracting parties Obligations imposed only upon the persons who entered into the contract Object Carrying out of sovereign as well as governmental functions affecting even perso ns not bound by the contract Tenure, continuity duration, Subject Matter Scope Limited duration Duties are specific to contract Contract very the Duties that are generally continuing and permanent The law Where duties are defined

235 6. Public Office v. Public Contract 7. There is no vested right to public office . • GENERAL RULE: A public office, being a mere privilege given by the state, does not vest any rights in the holder of the office. This rule applies when the law is clear. • EXCEPTION: When the law is vague, the person’s holding of the office is protected and he should not be deprived of his office. • A public office cannot b e regarded as the property of the incumbent and that a public office is not a pu blic contract. Although there is a vested right to an office, which may not be d isturbed by legislation, yet the incumbent has, in a sense, a right to his offic e. If that right is to be taken away by statute, the terms should be clear (Sego via v. Noel). 8. Public Office is not property. • A public office is not the prope rty of the public officer within the meaning of the due process clause of the no n-impairment of the obligation of contract clause of the Constitution. • Exception s: In quo warranto proceedings relating to the question as to which of 2 persons is entitled to a public office In an action for recovery of compensation accrui ng by virtue of the public office • Due process is violated only if an office is c onsidered property. However, a public office is not property within the constitu tional guaranties of due process. It is a public trust or agency. As public offi cers are mere agents and not rulers of the people, no man has a proprietary or c ontractual right to an office (Cornejo v. Gabriel). Abeja v. Tanada Public offic e being personal, the death of a public officer terminates his right to occupy t he contested office and extinguishes his counterclaim for damages. His widow and /or heirs cannot be substituted in the counterclaim suit. 9. Creation of Public Office • Modes of Creation of Public Office by the Constitution by statute / law b y a tribunal or body to which the power to create the office has been delegated • Scope and Extent of Power of Legislature GENERAL RULE: The creation of a public office is primarily a legislative function. Exceptions: o where the offices are created by the Constitution; o where the Legislature delegates such power. Deleg ation of Power to Create Public Office Where an office is created pursuant to il legally delegated powers, the office would have no existence. U.S.T. v. Board of Tax Appeals The authority given to the President to "reorganize within one year the different executive departments, bureaus and other instrumentalities of the Government" in order to promote efficiency in the public service is limited in scope and cannot be extended to other matters not embraced therein. Therefore, a n executive order depriving the Courts of First Instance of jurisdiction over ca ses involving recovery of taxes illegally collected is null and void, as Congres s alone has the "power to define, prescribe and apportion the jurisdiction of th e various courts." • 10. Methods of Organizing Offices • Single-head: one head assisted by subordinates . Swifter decision and action but may sometimes be hastily made. • Board System: c ollegial body in formulating polices and implementing programs. Mature studies a nd deliberations but may be slow in responding to issues and problems. 11. Modif ication and Abolition of Public Office • GENERAL RULE: The power to create an offi ce includes the power to modify or abolish it. (i.e., this is generally a legisl ative function) • EXCEPTIONS: o Where the Constitution prohibits such modification / abolition;

236 Where the Constitution gives the people the power to modify or abolish the offic e RULE on Abandonment: When a public official voluntarily accepts an appointment to an office newly created by law -- which new office is incompatible with the former -- he will be considered to have abandoned his former office. • Exception: When the non-acceptance of the new appointment would affect public interest, and the public official is thereby constrained to accept. o Ocampo v. Secretary of Justice The legislative power to create a court carries with it the power to abo lish it. When the court is abolished, any unexpired term is abolished also. Zand ueta v. De la Costa RULE: When a public official voluntarily accepts an appointm ent to an office newly created by law -- which new office is incompatible with t he former -- he will be considered to have abandoned his former office. Exceptio n: When the non-acceptance of the new appointment would affect public interest, and the public official is thereby constrained to accept. 12. Estoppel to Deny E xistence of Office • When a person has acted as a public officer, esp. where he ha s received public monies by virtue of his office, he is estopped from denying th at he has occupied a public office. B. Public Officer 1. Definition • A public off icer is one who performs public functions / duties of government by virtue of di rect provision of law, popular election, or appointment by competent authority. His duties involve the exercise of discretion in the performance of the function s of the government, and are not of a merely clerical or manual nature. • The most important characteristic which distinguishes an office from an employment is th at the creation and conferring of an office involves a • delegation to the individ ual of some of the sovereign functions of government, to be exercised by him for the benefit of the public, and that the same portion of the sovereignty of the country, either legislative, judicial, or executive, attaches, for the time bein g, to be exercised for the public benefit (Laurel v Desierto, April 12, 2002) Wh en used with reference to a person having authority to do a particular act or pe rform a particular function in the exercise of government power, “officer” includes any government employee, agent, or body having authority to do the act or exerci se that function (Sec. 2(14) Administrative Code) For the purpose of applying th e provisions of the Revised Penal Code, employees, agents, or subordinate offici als, of any rank or class, who perform public duties in the government or in any of its branches shall be deemed as public officers. • • Illustrations: • In the case of Maniego v. People, a laborer who was in charge of issuing summons and subpoenas for traffic violations in a judge s sala was convi cted for bribery under RPC 203. The court held that even temporary performance o f public functions is sufficient to constitute a person as a public official. In the case of People v. Paloma, a sorter and filer of money orders in the Auditor  s Office of the Bureau of Posts was convicted for infidelity in the custody of documents. The court pointed out that the sorting and filing of money orders in the Bureau of Posts is obviously a public function or duty. Who are not consider ed public officers? • Special policemen salaried by a private entity and patrollin g only the premises of such private entity (Manila Terminal Co. v. CIR); •

want of power. Its purpose is to ensure the orderly functioning of government. 2. A person cannot be compelled to accept a public office. taking an oath or giving a bond). De Facto Officers 1. De Facto Officer Defined • A person is de facto officer where the d uties of his office are exercised under any of the following circumstances: With out a known appointment or election. o such ineligibility. II. Art. As such. they are devoid of power (Villegas v. supposing him to the be the officer he assumed to be. The public c annot afford to check the validity of the officer s title each time they transac t with him. to render personal military or civil service (Sec. refuses without legal motive to be sworn in or to discharge the duties of said office. Company cashier of government (Tanchoco v. The government itself is merel y an agency through which the will of the state is expressed and enforced. without inquiry. • EXCEPTIONS: • When citi zens are required. under conditions provided by law.). C. De Facto Doctrine It is the principle which holds that a person. • When a person who. Its o fficers therefore are likewise agents entrusted with the responsibility of disch arging its functions. having been elected by popular election to a public office. o there was a want of power in the ele cting or appointing body. there is no presumption that they are empowered t o act. Note : Such ineligibility. 1987 Const.. void because: o the officer was not eligible. is admitted and sworn into office is deem ed to be rightfully in such office until: (a) by judicial declaration in a prope r proceeding he is ousted therefrom. or defect being unknown to the public. by the proper authority. No presumption of pow er • A public official exercises power. Subido). Classification of Public Offices Public Officers • • • Creation Constitutional Stat utory Public Body Served National Local and D. or (b) his admission thereto is declared vo id. either express or implied. o there was a defect or irregularity in its exercise.237 • Concession forest guards (Martha a private corporation owned by the gment or discretion Quasi-judicial re De Facto Compensation Lucrative • Lumber Mill v. but where the office r has failed to conform to some precedent requirement or condition (e. but under such circumstances of reputation or acquiescence as were calculated to induce people. In the absence of a valid grant. o r Under color of a known and valid appointment or election. to submit to or invoke his action. Lagradante). not rights. who. Under color of a known election or appointment. GSIS) • • • • • • • • • Exercise o Ministerial Legality of Title to office De Ju Honorary 2. There must be a delegation of such authority. 4. 3.g. want of authority or irregularity being unknown to the pub lic Under color of an election or an appointment by or pursuant to a Department of government to which their functions pertain • Legislative • Executive • Judicial Nature of functions Civil Military • • • .

unconstitutional law. no pay" is not applicable to him. The principle of "no work. Basis authority of Color of right or title to office Validity of "official" acts How ousted Cannot ousted.) Valid as to the pu blic until such time as his title to the office is adjudged insufficient. must have qualified himself to perform the duties of such office according to the mode prescribed by law. subject to exceptions ( e. they can be impeached at any time in any proceeding (unless and until he continues to act for so long Nature Officer under any of the 4 circumstances discussed under Part II (above)..238 public. He has neither lawful title nor color of right or title to office.g. no t collaterally a De Facto De jure office. o Note: Wh at is unconstitutional is not the act creating the office. He is paid only for actual se rvices rendered by him. Validity of official acts Valid. before the same is adjudged to be such. either actual or ap parent None. Basis Authority o f Right: he has the lawful right / title to the office Reputation: Has the posse ssion and performs the duties under color of right. they were done beyond the scope of his authority. Color of right or general acquiescence by the public. etc. • Officer De Facto v. without being technically qu alified in all points of law to act Only by direct proceeding (quo warranto). but the act by which the officer is appointed to an office legally existing. mus t be lawfully chosen to such office. County of She lby) • Officer De Jure v. must possess the legal qualifications for the office in question. Intruder De Facto Intruder One who takes possession of an of fice and undertakes to act officially without any authority. Actual physical possession of the office in good faith Rule on C ompensation Entitled to compensation as a matter of right. Officer De Facto De Jure Requisites Existence of a de ju re office. be Valid as to the public until such time as his title to the office is adjudged in sufficient . (Norton v. Absolutely void. Entitled to receive compensation only du ring the time when no de jure officer is declared.

Good faith on the part of the public is a factor in the ripening of intruder status into de facto status. Rodriguez). • The de facto officer may be liable for all penalties im posed by law for any of the following acts: • usurping or unlawfully holding offic e. 5. The Rep ublic of the Philippines. (3) Actual physical possession of the office in good faith Examples of those not considered as De Facto Officers • A judge who has accepted an appointment as finance secretary and yet renders a decision afte r having accepted such appointment (Luna v. 7. and yet promulgates a decision in a criminal c ase after the abolition and over the objection of the fiscal (People v. With the passage of time. RATIONALE: For the protec tion of the public • Official Acts of De Facto Officers not subject to collateral attack • RULE: The title of a de facto officer and the validity of his acts cannot be collaterally questioned in proceedings to which he is not a party. Liabilities of De Facto Officers • The liability of a de facto officer i s generally held to be the same degree of accountability for official acts as th at of a de jure officer. a presumption may be created in the minds of the public that the intruder has a right to act as a pub lic officer. Legal Effect of Acts of De Facto Off icers • As regards the officers themselves: A party suing or defending in his own right as a public officer must show that he is an officer de jure. represented by the Solicitor-General. Right to Compensation of De Facto Officer • GENERAL RULE : A de facto officer cannot maintain an action to recover the salary. It is not suf ficient that he be merely a de facto officer. Elements of a De Facto Officership (1) De jure office (2) Color of right or g eneral acquiescence by the public.239 a time as to afford a presumption of his right to act) Rule on compensation Enti tled to receive compensation only during the time when no de jure officer is dec lared. • The de facto officer cannot exc use his responsibility for crimes committed in his official capacity by assertin g his de facto status. • exercising the functions of public office without lawful right. or a public pros ecutor 6. He is paid only for actual services rendered by him. • not being qua lified for the public office as required by law. or which were not instituted to determine the very question. Office created under an unconstitutional statute • The prevalent view is that a person appointed or elected in accordance with a . A judge whose position h as already been abolished by law. fees or ot her emoluments attached to • 3. • An intruder / usurpe r ripen into a de facto officer. So) • 4. Not entitled to compensation at all. • REMEDY: Quo warranto proceed ings o Who may file: The person who claims to be entitled to the office. law later declared to be unconstitutional may be considered de facto at least before the declaration of unconstitutionality. • As regards the public and third pe rsons: The acts of a de facto officer are valid as to third persons and the publ ic until his title to office is adjudged insufficient.

2002) A de facto officer. may recover the compensation Gen. • The qualification must be germane to the position ("re asonable relation" rule). • Restrictions on the Power of Congress to Prescribe Qualifications: • Congress cannot exceed its constitutio nal powers. and Con gress cannot add to them except if the Constitution expressly or impliedly gives the power to set qualifications. is legally entitled to the emoluments of the office. even though h e entered into the office in good faith and under color of title (Monroy v CA) E XCEPTION Where there is no de jure public officer. during his wrongful incumbency. even though he has performed the duties thereof on the theory that t he acts of a de facto officer as far as he himself is concerned are void. she canno t recover full back wages for the period when she was unlawfully deprived thereo f. not havi ng good title. while her assumpti on to the said position and her acceptance of the corresponding emoluments canno t be considered as an abandonment of her claim to her rightful office. for which she received compensation. Note: Failu re to perform an act required by law could affect the officer’s title to the given office. Thus. the rule is that where there is a de jure officer. the constitutional criteria are exclusive. Definition • • Eligibility: endowment / require ment / accomplishment that fits one for a public office. takes the salaries at his risk and must account to the de jure of ficer for whatever salary he received during the period of his wrongful tenure. a de facto officer. is not entitled to the emoluments attached to th e office. Under BP 881.240 the office. C ongress has the same right to provide disqualifications that it has to provide q ualifications for office. even if he occupied the office in good faith. this rule was n ot squarely applied in this case since the de jure officer assumed another posit ion under protest. • Congress cannot impose conditions of eligibility inconsistent with c onstitutional provisions. However. She is only entitled to back pay differentials between the salary rates for t he lower position she assumed and the position she is rightfully entitled to. In fine. Manager. the office of any elected official who fails or refuses t o take his oath of office within six months from his proclamation shall. The ri ghtful incumbent of a public office may recover from an officer de facto the sal ary received by the latter during the time of his wrongful tenure. Monserate (April 17. Qualification: endowmen t / act which a person must do before he can occupy a public office. (Legislative appointments are unconstitutional and therefore void for being a usurpation of executive power.). One who become s a public officer de facto without bad faith on his part. B. shall b e considered vacant unless said failure is for cause or causes beyond his contro l. ELIGIBILITY AND QUALIFICATIONS A. • In the absence of constitutional inhibition. and who renders the s ervices required of the office. . • Congress cannot prescribe qualifications so detailed a s to practically amount to making an appointment. Power to Prescribe Qualifications • GENERAL RULE: Congress is empowered to p rescribe the qualifications for holding public office. II I. Examples of legislative enactments which are tantamoun t to legislative appointments: • Extensions of the terms of office of the incumbents. Phili ppine Ports Authority v. • Where the Constitution establishes specific eligibility requirements for a part icular constitutional office. the officer de facto who in g ood faith has had possession of the office and has discharged the duties pertain ing thereto.

Castaneda v. Quitoriano). there are 2 views : 1. C OMELEC The citizenship requirement must be met only on election day. Time of Posse ssion of Qualifications • At the time specified where the time is specified by the Constitution or law. Cuyegkeng v. Drilon Where only one can qualify for the posts in question. upon which no lim itations may be imposed by Congress. • Where the Constitution or law is silent. A proviso which limits the choices of the appointing authority to only one eligible. or discre tion in the . While the L ocal Government Code requires residency of one year immediately preceding electi on day and the prescribed age on election day. exercise of appointees. qualification must be at the time of commencement of term or induction into office. A legislative enactment abolishing a particular office and providing for the automatic transfer of the incumbent officer to a n ew office created (contemplated in Manalang v. Cruz The power of appointment vested in the President by the Consti tution connotes necessarily a reasonable measure of freedom. Construction Eligibility of Restrictions on the power to choose • • • Manalang v. and whic h confines the selection of the members of the Board of Medical Examiners to the 12 persons included in the list (Cuyegkeng v. Such purpose is not thwarted. but instead achieved by construing the requirement to apply at time of proclamation and at the start of the term. sans the essential element of choice. D. Drilon). (Vargas v. Yap Knowledge of ineligibility of a ca ndidate and failure to question such ineligibility before or during the election is not a bar to questioning such eligibility after such ineligible candidate ha s won and been proclaimed. Rilloraza). and must exist throughout the holding of the public office. 2. the Presid ent is precluded from exercising his discretion to choose whom to appoint. is no power at all and goes against the very nature itself of appointment. Frivaldo v. no date is specified for citizens hip. and (2) the exercise of the limited legislative power to prescribe the qualifications to a given appointive office. qualification / eligibility must exist at the time of the election o r appointment • Eligibility is a continuing nature. The appointing power is the exclusive prerogative ofthe President. e. which provided that the President could designate Judges of First Instance. Such supposed power of appointment. The purpose of the citizenship requirement is to ensure leaders owing alleg iance to no other country. F lores v. Estoppel will not apply in such a case. latitude. then the public officer forfeits the office.g. except those resulting from: (1) the need of securing the concurrence of the Commission on Appointments. Quitoriano Congress cannot either appoint a public officer or impose upon the President the duty to appoint any particular person to an office. Medical Association as one of the qualifications for appointment. Cruz) . Judges-atlarge of First Instance or Cadastral Judges to sit as substitute Justices of the Supreme Court in treason cases without them necess arily having to possess the required constitutional qualifications of a regular Supreme Court Justice. the incumbent Mayor of O longapo City (Flores v. Once the qualifications are lost. A provision that imp liedly prescribes inclusion in a list submitted by the Executive Council of the Phil. C.241 • The People s Court Act.

Art. VII. 3. Art. probity and independence) 5. 3. knowledge. Generally. Constitu tion) and Vice President (Sec. COMELEC Comm issioners (Sec. 1[1]. VI. For Senator Constitution) • • • • • (Sec. Art. to practice law is to give notice or render any kind of service which requires the use in any degree of le gal knowledge or skill. Natural-born citizen 35 years old on day of election able to read and write regi stered voter resident of the Philippines for not less than two years immediately preceding election day 7. COA Commissioners • Natural-born citizen • 35 years old at time of appointment • CP A with >10 year of auditing experience or • Bar member engaged in practice of law for at least 10 years • Not have been candidates for elective position in election s immediately preceding appointment Cayetano v. Art. Supreme Court Justice • Natural born citizen • at least 4 0 years old • 15 years or more a judge or engaged in law practice • of proven CIPI ( competence. 3. For Congressmen (Sec. IXC) • Natural-born citizen . which requires the application of law. Civil Service Commissioners (Sec. Monsod Practice of law means any activity. 1 [1]. Constitution) • Natural-born citizen • 35 years old at time o f appointment • proven capacity for public administration • not a candidate for any elective position in elections immediately preceding appointment 6. training and experience. Constitution) • Natural-born citizen • 4 0 years old on day of election • resident of the Philippines for at least 10 yrs i mmediately preceding election day 2. Constitution) • Natural-born citizen • 25 years old on day of election • able to read and write • registered voter in district in w hich he shall be elected • resident thereof for not less than one year immediately preceding election day 4. • • • • 35 years old at time of appointment college degree holde r not a candidate for elective position in election immediately preceding appoin tment chairman and majority should be members of the bar who have been engaged i n the practice of law for at least 10 years E. VI. Qualifications usually Prescribed 1. 6. Art. 2. VI. For President (Sec. The right to public office should be strictly construed against ineligibility. integrity. legal proc edure.242 • • There is a presumption IN FAVOR OF ELIGIBLITY of one who has been elected or app ointed to public office. Art. IXB. in or out of court.

(Art. VII. which includes the twin elements of actual habitual residence.243 Aquino v. IX-C. IX-A. Sec. no appointive official shall hold any other position in Government (Art. shall. or any subdivision. 8) 6) The Ombudsman and his Deputies sh all not be qualified to run for any office in the election immediately succeedin g their cessation from office (Art. residence refers to domicile. 2) 5) Previous disqualification applies to the O mbudsman and his Deputies (Art. F. To successfully effect a change of domicile. IX-B Sec 7 (2)) • . within one year after such election. the Ombudsman and • IN GENERAL: Individuals who lack any of the qualifications prescribed by the Con stitution or by law for a public office are ineligible or disqualified from hold ing such office. It was held that domicile of o rigin is not easily lost. IXD. where he intends to return. it was hel d that leasing a condominium unit in the district was not to acquire a new resid ence or domicile but only to qualify as a candidate. In election law. COMELEC Residency of not less than 1 year prior to the elections for t he position of Congressman. Sec. during his tenure. Sec. when another office is held by a public officer in an ex officio capac ity. COMELEC Domicile. and animus manen di. Disqualifications to Hold Public Office Note: In National Amnesty Commissi on v COA. Religious Test or Qualification • No religious test shall be required fo r the exercise of civil or political rights. (Art. XI. and that in the absence of clear and positive proof of a successful change of domicile. 6) b) No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure (Art. XI. 5. 1. Vice President. the candidat e must prove an actual removal or an actual change of domicile. Art. Here. be appoin ted to any office in Government (Art. 1. VIII. Art XI. the Members of the Cabinet and their deputies or assi stants shall not. the domicile of origin should be deemed to con tinue. III. 1987 Constitutio n) G. 11) 7) Members of Constitutional Co mmissions. Sec. the intention of remaining there permanently. including government-owned or controlled corporations or their subsidiaries. 13) 2) No Senator or Me mber of the House of Representatives may hold any other office or employment in the Government. the Ombudsman and his Deputies must not have been candidates for any elective position in the elections immediately preceding their appointment (Art IXB. 7(1)) c) Unless otherwise allowed by law or by the primary functions of his position. i. hold any other office or employment during their tenure (Art. IXB Sec. hold any other office or employment. Sec. Sec. Marcos v. General Disqualifications under the Constitution a) No candidat e who lost in an election. Sec. there is no violation. VI. Sec. Sec 13) 3) The Members of the Supreme Court and of other courts established by law shall not be designated to any agency perform ing quasi-judicial or administrative functions (Art. 12) 4) No Member of a Constitutional Commission shall. the place where a party actually or constructively has his permanent home. during his t erm without forfeiting his seat. Art. IX-B Sec. 8) 8) Members of Constitutional Commissions. 1. as provided by law and as required by the primary functions of his office. Sec.e. unless otherwise provided in the Constitution. Sec. agency or instrumentality thereof. Neither shall he be appointed to any office whi ch may have been created or the emoluments thereof increased during the term for which he was elected (Art. • Specific Disqualifications under the Constitution 1) The President.

prescribes a stricter p rohibition on the mentioned officials. directly or indirectly.244 his Deputies are appointed to a term of seven (7) years. However. chairmen or he ads of bureaus or offices. IXB. VIII. Impeachment Removal or suspension from office: where there is no constitutional or statutory declaration of inelig ibility for suspension or removal from office. persons employed in a confidential capacit y b. Sec. Article VII would obliterate the distinction set by the framers of the Constitution as to the high-ranking officials of the Execu tive branch. 3. Undersecretaries. the courts may not impose the dis ability Previous tenure of office: for example. and to prevent individuals from deriving. Senator = 2 consecuti ve terms c. un less otherwise allowed by law or by the primary functions of his position. Vice-President = 2 consecutive terms b. 6. or the Office of the Ombudsman. Article IX-B of the Constitution is meant to lay down the general prohibition against the holding of multiple offices or employme nt in the government subsuming both elective and appointive public officials. Relationship with the appointing power i. Article VII. Representative = 3 consecutive terms d. 2. a person who has been elected an d has held the office of President is absolutely disqualified for reelection Con secutive terms: a. Sec. 4. Vice-President and cabinet mem bers since the Constitution. Article VII is not to be interpreted as covering positions held without additional compensation in ex-officio capacit ies as provided by law and as required by the primary functions of the concerned official’s office. Section 7. in Section 13. 3. including government ownedor controlled corporations (Art. XI. Art. Civil Liberties Union v. 11) The spouse and relatives by cons anguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as Members of the Constitutional Commissions. This provision should not be applied to the President. members of the Armed Forces of the Philippines 9. 1(2) of Arts. D. any pecuniary benefit by virtue of their dual positionholding i. Office newly emoluments of increased created or which have the been 7. or as Secretaries. the prohibition under Section 13. Holding more than one office: to prevent offices of public trust from . teachers c. 8. To apply the exceptions found in Section 7. Article IX-B to Section 13. without reappointment ( Sec. physicians d. 2. 13) • 1. Elective local officials = 3 consecutive terms i. accumulating in a single person. Exceptions to rule on nepotism: a. C. 5. Voluntary renunciation of the office for any length of tim e shall not be considered as an interruption in the continuity of his service fo r the full term for which he was elected. OTHER DISQUALIFICATIONS Mental or physical incapacity Mi sconduct or crime: persons convicted of crimes involving moral turpitude are usu ally disqualified from holding public office. Exe cutive Secretary 1.

Under the Local Government Code a. Having been a elective position Extent Powers Security tenure? of of Limited No. f. Paredes) • The power and prerogative to a vacant position in the civil service is lodged with the appoin ting authority. c. and is revocable at will. e. 11. Classification of Appointments Permanent: extended to a perso n possessing the requisite qualifications. (Concepcion v. Appointment 1. Assumption of a 2nd appointive position is usually deemed abandonment of the first office. Those removed from offi ce as a result of an administrative case. Nature of Appointing Power • The power to appoint is intrinsically an executive act involving the exercise of discretion. he may be appointed provided he forfeits his seat candidate for any office office b y one authorized by law to make such selection Comprehensive Yes. 2. Being an elective official: elective officials are not eligible for appointment or des ignation in any capacity to any public office or position during his tenure. w/o the necessity of just cause or a valid investigation . d. Definition Designation Definition Imposition of additional d uties upon an existing Appointment Selection of an individual to occupy a certai n public • • Temporary: an acting appointment. F ugitive from justice in criminal or non-political cases here or abroad. 3. Permanen t residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the Loca l Government Code.g. When deemed abandonment of prior office b. Election • Selection or designation by a popular vot e C. • Direct provision of law .245 10. Those with dual citizenship. Assumption of a designated position is not deemed abandonment of the 1st position 12. ex-officio officers B. it is extended to one who may not possess the requisite qualifications or eligibility required by law for the position. and thus protected by the constitutional guaranty of security o f tenure lasts until they are lawfully terminated g. including the eligibility required. Where the appointee doe not possess the qualifications fo r the position. e. Modes of Commencing Official Relation • Elec tion • Appointment • Others: • Succession by operation of law. The insane or feeble-minded. Those convicted by final judgment for violating the oath of allegiance to the Republic. within 2 years after serving sentence. f or the position. Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more of imprisonment.l asts until a permanent appointment is issued Mere fact that a position belongs t o the Career Service of the Civil Service Commission does not automatically conf er security of tenure. the appointment is temporary and may be terminated at will . FORMATION OF OFFICIAL RELATION A. • • IV.


Benipayo (April 2. VII. o Recess appointment power keeps in continuous operation the business of government when Congress is not in session. Confirmation by the Commission on Appointm ents • For Appointments which do not require confirmation 1. Appointment by the ap pointing authority 2. Officers of the armed forces from the rank or colonel or naval captain (ibid). and continues until the end of the term. 1987 C onst. the appointment may be revoked only at the expiration of the period o r if revocation made before such expiration. Presidential Appointees • Th e following shall be nominated and appointed by with the consent of the Commissi on on Appointments Heads of the executive departments (Art.246 • Acceptance of a temporary appointment results in the termination of official rel ationship with former position. or if not acted upon. where the temporary appointment is for a fix ed period. Sec. The following can be appoin ted by the President without the need for CA approval All other officers of the government whose appointments are not otherwise provided for by law. Sec. (Romualdez III v CSC) A mere designation does no t confer security of tenure. 1 (2) for CSC. 1 (2) for COMELEC. Issuance of the commission 3. IX-D. it must be for a valid cause. This is a permanent a ppointment and it being subject to confirmation does not alter its permanent cha racter. The fact that it is s ubject to confirmation by the Commission on Appointments does not alter its perm anent character. 16. immediately effective and ceases to be valid if disapproved or bypassed by the Commission on Appointments. it is not permanent. of Congress. Confirmation by the Commissio n on Appointments 3. Issuance of the commission 4. Ombudsman and his deputies Kinds of Presidential Appointments Regu lar: made by the President while Congress is in session after the nomination is confirmed by the Commission of Appointments. Issuance of the commiss ion 3. at the adjournment of the next session. as the person designated occupies the position only in an acting capacity (Sevilla v CA) Where the appointment is subject to condit ions. Matibag v. IX-C. Art.). Judges of lower courts. regular or special. Other public ministers and consuls (ibid). Other officers whose appointments are vested in him by the Constitution (ibid). Those whom he may be authorized by law to appoint. Sec. Members of the Supreme Court. Acceptance by the appointee A d-Interim Appointments 1. Steps in Appointing Process • For Appointments which require confirmation: Regu lar Appointments 1. • • • • • • • • • 4. Sec . Art. IX-B. Nomination by the President 2. 1 (2) for COA). 2002) An ad interim appointment is a permanent app ointment because it takes effect immediately and can no longer be withdrawn by t he President once the appointee has qualified into office. The - . Acceptance by the appointee 4. Ambassadors (ibid). before confirmation by the Commission on Appointments. inclu ding Constitutional Commissioners (Art. Ad interim: made while Congress is not in session. Nomination by the President 2. The appointment shall cease to be e ffective upon rejection by the Commission on Appointments. Acceptance by the appointee o Note: Where the appointment is to the career service of the Civil Service. However. attes tation of the Civil Service Commission is required 3.

Property Qualifications • In the cases of Maquera v. training and experience. the Supreme Court held that property qualifications are inconsist ent with the nature and essence of the Republican system ordained in our Constit ution and the principle of social justice underlying the same.e. (Sec. be denied the chance t o be elected to public office. Social justice presupposes equal opportunity for all. 6. the President nominates. COMELEC. accordingly. Political Qualifications for an Office (i. no person shall. civil serv ice eligibility. the ad interim appointments of the COMELE C Commissioners. and onl y upon the consent of the Commission on Appointments may the person thus named a ssume office. o Party-list representation.). by reason of poverty. Rule IV. being permanent appointments. Rul e IV. 22. Effect of pardon upon disqualification to hold public office the . good until another permanent a ppointment is issued. with the assistance and approv al of the CSC and in consultation with the Wage and Position Classification Offi ce (ibid) Shall be established for all positions in the 1st and 2nd levels (Sec. Local Gove rnment Code) 3. 45. as they ta ke effect at once. rich and poor alike. (Sec. The Court reasone d out that "sovereignty resides in the people and all government authority emana tes from them. D. a bypassed appointee. In this case." 4. Effect of removal of qualifications during the term • The officer must be t erminated. in turn. the failure of the Commission on Appointments to confirm the ad interim app ointment does not amount to a disapproval by the said Commission. In the latter. It is not so with reference to ad interim appointments.. Said appointment is also distinguished from the exercise o f presidential prerogative requiring confirmation by the Commission on Appointme nts when Congress is in session. Sec. 1. 1987 Const. may be appointed again by the President. There is no di spute that an ad interim appointee disapproved by the COA can no longer be exten ded a new appointment. The individual chosen may thus qualify and perform his functi on without loss of time. implies necessarily that the right to vote and to be voted shall not be dependent upon the wealth of the individual concerned. and this. 7. or one whose app ointment has not been finally acted upon the merits by the COA. and that. 17. EO 292) • It shall be the responsibility of the depa rtments and agencies to establish. Omnibus Rules) Their establishment. membership in a political party ) • GENERAL RULE: Political qualifications are not required for public office. Book V. administration. and maintenance shall be the responsibility of the department / agency. o Commission on Appointments. An ad interim appointment is distinguishable fr om an “acting” appointment which is merely temporary. and other qualities required for successful p erformance. Citizenship • Aliens not eligible to public off ice 5. administer and maintain the qualification sta ndards on a continuing basis as an incentive to career advancement. Borra and Aur ea v. do not violate the Constitutional prohibition on temporary or acting appointments of COMELEC Commissioners. physical fitness. VI. Qualification Standards and Requirements under the C ivil Service Law 1. Omnibus Rules) • • 2. On the other hand. Qualification Standards • Express the minimum requirements for a class of positions in terms of education. EXC EPTIONS: o Membership in the electoral tribunals of either the House of Represen tatives or Senate (Art. o Vacancies in the Sanggunian (Sec. Moreo ver.247 Constitution itself makes an ad interim appointment permanent in character by ma king it effective until disapproved by the Commission on Appointments or until t he next adjournment of Congress.

therefore. the position must be vacant (Costin v Quimbo) W hile the Civil Service Law grants career service officers preference in promotio n under the “next-in-rank” rule. o When a person is granted pardon because he did not commit the offense imputed to him (Garcia v. Revised Penal Code) EXCEPTIONS: o Where such right to hold p ublic office is expressly restored by the terms of the pardon (Art. it is not mandatory that the appointing authority f ill a vacancy by promotion. CSC) Th e discretion of the appointing authority is not only in the choice of the person who is to be appointed but also in the nature and character of the appointment intended (i. or certification in that ord er would be tantamount to legislative appointment which is repugnant to the Cons titution. Chairman. full recognition of the wide scope of such discretionary authority. primarily the department heads. highlighted part in paragrap h in next column) The CSC is not empowered to change the nature of the appointme nt extended by the appointing officer. Provided they are qualified and eligible. When the appointee is qualified and all the legal requirements are satis fied. It cannot order the replacement of the appointe e simply because it considers another employee to be better qualified. Claudio) (c. reemployment. reinstatement. (Art. there should be. RPC).248 • GENERAL RULE: A pardon shall not work the restoration of the right to hold publi c office. CSC) Whe re the palpable excess of authority or abuse of discretion in refusing to issue promotional appointment would lead to manifest injustice. Unless. it has no choice b ut to attest to the appointment. (Lapinid v. (Re yes v. E. The only function of the CSC is to review the appointment in the light of the requirements of the Civil Service La w. the law speaks in the most mandatory and peremptory tone. reemployment or certification. the only condition being that the appointee should possess the qualifications required by law. (Gesolgon v. Abeleda) Appointment is an essentially discretionary power and must be pe rformed by the officer in which it is vested. 36. considering all the circumstances. Discretion of Appointing Official • Discretion. as the appointing authority should be allowed the ch oice of men of his confidence. should thus be granted to those entrusted with the responsibility of admin istering the officers concerned. its authority being limited to approving or reviewing the appointment in the light of the requirements of the Civil Servi ce Law.e. (Lapinid v.. and when it finds the appointee to be qualified and all other legal requireme nts • • • • • • . not n ecessarily in that order. COA) have been otherwise satisfied. (Luego v. as there h as been. CSC) • To hold that the Civil Service Law requires that any vacancy be filled b y promotion. 36. whether the appointment is permanent or temporary). They are in the most favorable position to determine who can best fulfill the functions of the office thus vacated. Appointment is generally a political question so long as the appointee fulfills the minimum qualification requirements prescribed by law. at least suffic ient. The requirement under the Civil Service Law that the appointing power set forth the reason for failing to appoint the officer next in rank applies onl y in cases of promotion and not in cases where the appointing power chooses to f ill the vacancy by transfer. mandamus will lie to c ompel the appointing authority to issue said appointments. if not plenary.f. (Pineda v. reinstatement. the CSC has no choice but to attest to the appointment. transfer. Lacson) For the appointment to be valid.

• • .

15. rea ssignment. Omnibus Rules). Its authority is limited to appro ving or reviewing appointments.) o Exception: Temporary appointments to executive positions when continued vacancies therein will prejudice public service or end anger public safety. or formulates a method of action for government or any of its subsidia ries • H. Subido). ( Art. Sec. demotion and separation. instrumentalities and agencies of the Governmen t. 1987 Const.249 • Sec. elective officials. Midnight appointments o A P resident or Acting President is prohibited from making appointments 2 months imm ediately before the next presidential elections and up to the end of his term. Title III Book IV of the Admin Code provides that all provin cial and city prosecutors and their assistants shall be appointed by the Preside nt upon recommendation of the Secretary of Justice. (Rule V. Appointments to the Civil Service SCOPE: Embr aces all branches. irrevocable appointment • • final and • • GENERAL RULE: An appointment. transfer. G. A completed appointment vests a legal right. Sec.” as well as employment status and qualificatio n standards. The phrase “upon recommendatio n of the Sec. reinstatement. once made. I. 9. The CSC is not a co-manager or surrogate adm inistrator of government offices and agencies. Includes the authority to recall an appointment which has been init ially approved when it is shown that the same was issued in disregard of pertine nt CSC laws. • Requisites: (i) Shall be made only according to merit and fitness to be determin ed. Jurisdiction of the Civil Service Commission (CSC) The following are within t he exclusive jurisdiction of the CSC: Disciplinary cases and cases involving “pers onnel action” . VII. EXCEPTIONS : When the appointment is an absolute nullity (Mitra v. IX-B Sec. affecting the employees of the Civil Service. oppo rtunity for advancement to higher career positions and security of tenure. and with previous notice and hearing (due process). confirmation. or approval of some other officer or body is needed before the appointment may be issue and be deemed complete. detail. Ex. It cannot be taken away EXCEPT for cause. Effectivity of Appointment • An appointment takes effect immediately upon its i ssuance by the appointing authority. reemployment. 10. Tenure limited to a period specified by law or which is coterminous with the appointing authority or the duration of a particular project.in which the officer lays down principal or fundamental guidelines or rules. Depa rtment Heads and Members of Cabinet F. Subido). which is pers uasive in character but is not binding or obligatory upon the person to whom it is made. Qualifica tion: Where the assent. rules and regulations. subdivisions. Constitution) Cl asses of Service a) Career Service – Entrance based on merit and fitness determine d by competitive examinations. 2(1). including “appointment thro ugh certification. Effect s of a complete. Chapter II. When there is f raud on the part of the appointee (Mitra v. promotion. including GOCCs with original charters (Art. of Justice” should be interpreted to be a mere advise. or based on highly technical qualifications. is irrevocable and not subject to recon sideration. as far as practicable (ii) By competitive examination Exempt from the compet itive examination requirements are appointments to positions which are: Policy d etermining . b) No n-career Service – Entrance on bases other than those of the usual testes.


250 Primarily Confidential – denoting not only confidence in the aptitude of the appoi ntee for the duties of the office but primarily close intimacy which ensures fre edom of intercourse without embarrassment or freedom from misgivings or betrayal s on confidential matters of the state (“Proximity Rule” as enunciated in De los San tos v Mallare) Highly Technical – requires possession of technical skill or traini ng in a superior degree. the bestowal of executive clemenc y completely obliterates the adverse effects of the administrative (i) Next-in-rank rule. However this does not apply to a holder of a temporary appointment or to Career Executive Service Personnel whose status an d salaries are based on their ranks and not on the positions to which they are a ssigned Reinstatement Any person who has been permanently appointed to a positio n in the career service and who has. The disapprova l of the appointment of a person proposed to a higher position invalidates the p romotion of those in the lower positions and automatically restores them to thei r former positions. and who meets all the qualifications prescribed for the position Transfer is a movement from one position to another which is of equivalent rank. the affected persons are entitled to payment of salaries for services actually rendered at a rate fix ed in their promotional appointments (Sec. it cannot be the subject of an application for a writ of mandamus . although he is requ ired to specify the “special reason or reasons” for not appointing the officer nextin-rank (ii) Automatic Reversion rule – All appointments involved in a chain of promotions must be submitted simultaneously for approval by the Commission. 13 of the Omnibus Rules Implementing EO 292) For this rule to apply. the following must concur: a) there must be a se ries of promotions b) all promotional appointments are simultaneously submitted to the Commission for approval c) the Commission disapproves the appointment of a person to a higher position. level or salary without bre ak in service. been separated therefrom. However. The person next in rank shall be given preference in promotio n when the position immediately above his is vacated. This may be imposed as an administrative remedy. ex. primarily conf idential or highly technical Other Personnel Actions Promotion is a movement fro m one position to another with increase in duties and responsibilities as author ized by law and usually accompanied by an increase in pay. An unconsented t ransfer violates security of tenure.It is technically the issuance of a new appointment and is d iscretionary on the part of the appointing power. . Appointment through Certification is issued to a person who has been selected from a list of qualified persons certified by the C ivil Service Commission from an appropriate register of eligibles. .However. may be reinstated to a position in the same level for which he is qualified. City Legal Officer NOTE: It is the nature of the po sition which determines whether a position is policy determining. But the appointing authori ty still exercises discretion and is not bound by this rule. through no delinquency or misconduct.

Reassignment An employee may be reassign ed from one organizational unit to another in the same agency. Exception: If the non-assumption of office is due to a cause beyond his control. Appointment is the sole act of the appointee. There is no power which can compel a man to accept the office. Until then. • Qualification is significant because it desi gnates when security of tenure begins. V. and other fortuitous events that excuse delay. take his o ath of office and assume office) within 6 months from proclamation.251 decision which found him guilty of dishonesty. of the giving of an official bond. (Mechem) Borromeo v . Such oathtaking is ma ndatory. as per Nachura Only when the public officer has satisfied the prerequis ite of taking his oath of office can his right his position be considered plenar y and complete. Definition • An oath i s an outward pledge whereby one formally calls upon God to witness to the truth of what he says or to the fact that he sincerely intends to do what he says.e. This signifies that petitioner ne ed no longer apply for reinstatement as he is restored ipso facto upon the issua nce of clemency Detail is the movement of an employee from one agency to another without the issuance of an appointment. Vice-President and Acting Presid ent are required by the Constitution (Art. Mariano • However. failure to qualify ipso facto deemed rejection of the office If not condition p recedent. Oath of Office 1. • It is a ground for removal If qualification is a condition precedent.. the President. accident. Appoint ment and Qualification to Office Distinguished • • Appointment is the act of being d esignated to a public office by the appointing authority. • Reemployment Names of persons who have been appointed permanently to positions i n the career service and who have been separated as a result of reduction in for ce and/or reorganization. 2. But like detail. • It is not indispensable. Sec. and in certain c ases. Ef fect of Failure to Qualify • Failure to qualify is deemed evidence of refusal of t he office. thus a diminution in status or rank A judge may not be ma de a judge of another district without his consent. It is a management prerogative of the CSC and any dept or agency embraced in the Civil S ervice and does not constitute removal without cause. technical and scientifi c positions. This generally con sists of the taking / subscribing / filing of an official oath. • Th e Omnibus Election Code provides that the officer must qualify (i. t he position will be deemed vacant. status or salary. as required by law. Qualification is the a ct of signifying one s acceptance of the appointive position. ASSUMPTION AND TERM OR TENURE OF OFFICE A. Otherwise. It is a mere incident to the office and constitutes no par t of the office itself. failure is not ipso facto rejection • Justifiable reasons for delay in q ualifying: sickness. the reass ignment should have a definite date or duration. and shall be allowed only for a limited period in the case of employees occupying professional. Otherwise. shall be entered in a list from which selection from r eemployment shall be made. VII. Qualification to Office 1. However. B. It is temporary in nature. provided that suc h reassignment shall not involve a reduction in rank. Appointment and qualificatio n to office are separate and distinct things. 5) to take an oath or affir mation before entering into the execution of their office. it is tantamount to a floating assignment. the holdover officer is the rightful occupant (Lecar oz v Sandiganbayan) .

Congress may fix the terms of officers other than those prov ided for in the Constitution. . 3. as defined by law or regulation. Register of Deeds. this could be tantamount to a legislative appointme nt which is null and void. Persons Required to Give Bond • Account able public officers or those to whom are entrusted the collection and custody o f public money. Evangelista) Tenure o f Office De facto Period during which the incumbent actually holds the office. failure to give bond within the prescribed period renders the office vacant. 5. • Where the term is not fixed. Te rm of Office De jure Fixed and definite period of time during which the officer may claim to hold the office as of right D. Any o ther officer in the service of the government of the Philippines whose appointme nt is vested in the President • Any other officer whose duties. • Public ministerial officers whose actions may affect the rights and interests of individuals. I t may be shorter than the term. The Bond • It is in the nature of an indemnity bond rather than a penal or forfeiture bond. Person s Obliged to Administer Oaths in All Instances. Term of Office and Tenure of Office Distinguished 2. • Congress has the power to change the tenure of off icers holding offices created by it. C. Giving of Bonds 1. Congres s has no power to alter the term. Evangelista) • Where the office is held at the pleasure of the appointing power and such appoin ting power can exercise the power of removal at his mere discretion. failure to give bond merely constitutes a ground for forfeiture of th e office. 2. 3. Secretary of House / Senate. Term and Tenure of Office 1. But such term of office can be shortened or ex tended by the vote of the people ratifying a constitutional amendment.252 2. However. Effect of Failure to Give Bond within the Prescribed Period • If not condition precedent. City mayors. Secretary of Exec. Requali fication • If a public officer is re-elected or reappointed. the public officer may be removed without notice or hearing. • It is req uired not for the benefit of the office holder. • • • • • • • • • • • Persons Authorized to Administer Oaths Notaries public. (Alba v. It is not forfeiture of the office ipso facto. Judges. The oath and other qualifications made prior to assumption of his previous office will n ot be valid for subsequent terms of office. • Notaries public • Municipal judges • Clerks of court 4. if the term is lengthened and made to apply to the incumbents. Time of Taking the Oath of Office • A public officer must take his oath of office before entering upon the discharge of his duties. When Term of Office Dependent upon "Pleasure of th e President" • Congress can legally and constitutionally make the tenure of certai n officials dependent upon the pleasure of the President. • It i s an obligation binding the sureties to make good the officer’s default. • If condition precedent. require presentation to him of any statement under oath 3. Departments. (Alba v. Cler rt. but for the protection of the pu blic interest and is designed to indemnify those suffering loss or injury by rea son of misconduct or neglect in office. Power of the Legislature to Fix an d Change the Term of Office • Where the term is fixed by the Constitution. he must take another oath and fulfill the other condition precedents before assuming office. Municipal mayors. Bureau Director s. Provincial governors.

) 5.253 4. U. In ca se of vacancy and both the duration of the term of office and the time of its co mmencement and termination is fixed Person elected to fill the vacancy shall hol d the same only for the unexpired portion of the term • 5. No Vested Interest in Term of Office • Public office is a privilege revocable b y the sovereignty at will. Purpose o f the Hold-Over Rule • Public interest. T erm of Office Not Extended by Reason of War • There is no principle. v. Scope of Powers of a Pub lic Officer • • During this period of hold-over. or (2) those which. An incumbent cannot validly object to the alteration of his term since he has no vested right in his office. . 3. (Greenshow v. are germane to and serve to prom ote the accomplishment of the principal purpose (Lo Cham v. Law-making body favors hold-over except when the law fixes a specific date for the end of the term. although incidental or collateral. 3. Where the time is fixed • The term will begin on the specified date. (Nueno. (Mechem) 2. Where no time is fixed • The term will generally begin on the date of the ele ction or the appointment. the public officer is a de jure officer F. The duties of a public office includes all those which truly are within its scop e under the Doctrine of Necessary Implication: (1) those which are essential to the accomplishment of the main purpose for which the office was created. Holding-Over Rules • Where the law provides for it: The office does not become vacant upon the expiration of the term if there is no successor elected and qual ified to assume it. • Note: Art 237 of the Revised Penal Code penalizes any public officer who shall continue t o exercise the duties and powers of his office beyond the period provided by law . Ocampo). Doctrine of Holdover 1. VI . law or doctri ne by which the term may be extended by reason of war. Where only the duration of the term is fixed but not the beginning or end of the term • Person selected to fill the vacancy may serve the full term 6. Commencement of Term of Office 1. therefore there is an implied pr ohibition against hold over • Where the Constitution limits the term of a public o fficer and does not provide for hold-over: Hold-over is not permitted. Where an officer is appointed or office created to perform a single act • Office terminate s with the accomplishment of the purposes for which it was called into being. POWERS OFFICERS AND DUTIES OF PUBLIC A. the sovereignty • The authority of p ublic officers consists of those powers which are: (a) Expressly conferred upon him by the act appointing him (b) Expressly annexed to the office by law (c) Att ached to the office by common law as incidents to it B. Angeles ) E. 2. Source of Government Authority • The people. Where the law fixing the term of office is ambiguou s • The one that fixes the term at the shortest period should be followed 4.S. incumbent may hold-over. et al. Incumbent will hold-over even if beyond the term fixed by la w. The Doctrine • A public officer whose term has expire d or services have been terminated is allowed to continue holding his office unt il his successor is appointed or chosen and had qualified. • Where the law is silent: Unless hold-over is expressly or impliedly prohibite d. It is to prevent a hiatus in the public se rvice pending the time when a successor may be chosen and inducted into office.

means a power or right conferred upon them by law of acting officially in certain circu mstances. In these cases. (Lamb v. Generally not liable Exceptions: if there is fraud or malice Is public officer liable? Liable if duty exercised contrary to the manner prescribed by law. powers expressly granted by law are within the scope of the pub lic office. F. when applied to public functionaries. E. Duration of Authority of Public Officers • The duration of the authority of pub lic officers is limited to that term during which he is. Where there is grave abuse of discretion. Doctrine of hot pursuit • When is mandamus proper? D. by law. • Ex ception: (i) Can be Generally. YES. Phipps) Generally.254 • Needless to say. Discretionary Power • Discretion. who may arrest per sons for crimes committed outside Philippine territory. Ganzon). mandamus will usually compel the officer to make a decisio n. Grant of powers will be construed as conferring only those powers wh ich are expressly imposed or necessarily implied. without regard to or the exercise of his own judgment upon th e propriety or impropriety of the act done (Lamb v. in a prescribed manner.g. Only if the duty to do something has been delayed for an unreasonable period of time. C. and how to exercise the power Ministerial Acts which are performed in a given state of facts. but will not dictate as to what the decision will or should be. Construction of Grant of Powers • Strict co nstruction. judges. Classification of Powers Di scretionary Definition Acts which require the exercise of reason in determining when. where. in obedience to the mandate o f legal authority. Territorial Extent of Powers of Public Officer • GENERAL RULE: Where a public o fficer is authorized by law to perform the duties of his office at a particular place. uncont rolled by the judgment or conscience of others. NO. 1. action at a place not authorized by law is ordinarily invalid. invested with t he rights and duties of the office. (Note: Thi s rule is applicable to all public officers whose duties are essentially local i n nature. according to the dictates of their own judgment and conscience. delegated? Exception: When the power to substitute / delegate has be en given Exception: When the law expressly requires the act to be performed by t he officer in person and / or prohibits such delegation In all cases. Police officers. Phipps) • General Rule: M andamus will not issue to control or review the exercise of discretion of a publ ic officer where the law imposes on him the right or duty to exercise judgment i n reference to any matter in which he is required to act (Aprueba v. e.) EXCEPTIONS: Consuls. manifest injustice or palpable excess of authority .

Holdin gs Corp v Sandiganbayan) (j) Writ may issue to compel the exercise of discretion but not the discretion itself (BF Homes v National Water Resources Council) • Jud gment v Discretion Judgment is a judicial function. XI. Where indicated • Merely directory 2. Where not indicated • Within a reas onable time 2. G. Time of Execution of Powers 1. is not merely ministerial but judicial and discretionary. as accounting officers. a nd where there is no other plain. It is a precise act. Discretion is the faculty conferr ed upon a court or other officer which he may decide the question either way and still be right. Sec. Phipps) Lamb v. General (Constitutional) duties of public officers a) To be ac countable to the people. XI. is mandatory (Gonzales v Chavez) The government is not est opped from questioning the acts of its officials. integrity.255 equivalent to a denial of a settled right to which the petitioner is entitled. Mandamus will not issue to control or review the exercise of di scretion of a public officer where the law imposes on him the right or duty to e xercise judgment in reference to any matter in which he is required to act. liabilit ies and new worth upon assumption of office and as often thereafter as may be re quired by law (Art. 6) b) To submit a declaration under oath of his assets. They perform mere ministerial duties only in cases where the sum due is conclusively fixed by law or pursuant to law. enjoined upon part icular officers for a particular purpose. lo yalty and efficiency’ to act with patriotism and justice. (First Phil. Ri bo The powers of the Board of Canvassers are quasi-judicial and therefore discre tionary. the determination of a quest ion of law. more so if they are erroneous or irregular H. definite duty arising under conditions admitted or proved to exist an d imposed by law. There is only one way to be right. XI. in a prescribed manner. Except in such cases. to serve them with utmost responsibility. Ministerial Power • A purely ministerial act is one which an officer or tribuna l performs in a given state of facts. speedy or adequate remedy. in obedience to th e mandate of legal authority. Zu lueta Public officers may properly be compelled by mandamus to remove or rectify an unlawful act if to do so is within their official competence. Sec 17) c) To owe the State and the Constitution allegia nce at all times (Art. accurately marked out. It is a simple. and to lead modest lives (Art. Miguel v. Aprueba v. Sec. 18) 2. Specific Cases The Solicitor General’s duty to represent the government except in criminal cases or civil cases for damages arising from felony. Torres v. the action of the accounting officers upon claims coming before them for settlement and certification of balances found by them to be due. Ganzon . Duties of P ublic Officers 1. without regard to or the exercise of his own judgm ent upon the propriety or impropriety of the act done. (Lamb v. Mandamu s never lies to enforce the performance of contractual obligations. Mandamus will therefore not issue. are generally regarded as quasi-jud icial officers. Phipps Audito rs and comptrollers. The privilege of operating a market stall under license is not absolute but revocabl e under an implied lease contract subject to the general welfare clause. A ministerial act is one to which nothing is left to the discretion of the person who must perform.

Professionalism. 5(3)) • The Civil Service Law prohibits engaging directly or indirectly in any partisan political activity or taking part in any election exc ept to vote. Sec. or other form of financial accommodation for any business purpose may be granted. Ratification of Unauthorized Acts 1. Where a disregard of the provisions of the statut e would injuriously affect a public interest or public right. or use the official authority to coerce in the political activity o f any person or body • Armed Force shall be insulated from partisan politics. 8) Prohibition ag ainst loans. If done for the purpose of enhancing the chances of aspirants for nominatio n for candidacy to a public office by a political party. Sec. Simple living J. after the benefits accruing to him as a result of that obligation have been r eceived. office or title of any kind from any foreign government (Art. No elective or appointive public officer or employee shall receive a dditional. directly or indirectly. Election campaign or partisan political activity refers to an act designed to promote the election or defeat of a candidate/s to public off ice. 4. Nationalism and patriot Commitment to democracy. nor accept without the consent of Congress. any present emolument. the individual cannot plead the v oid act of an official to shield him from the demand of the government that he ( the individual) fulfill an obligation which he has contracted with the governmen t. Prohibitions . in any electioneering or partisan political campai gn. Justness and sincer Political neutrality. by any government-owne d or controlled bank or financial institution to the ff: 1) President 2) Vice Pr esident 3) Members of the Cabinet 4) The Congress 5) The Supreme Court (b) Norm . No loan. If act was absolutely void at the time i t was done • Cannot be ratified 2. When the provision is accompanied by negative words importing that the acts shall not be done in a ny other manner or time than that designated. Responsiveness to the public. If merely voidable • Can be ratified and rendered valid 3.256 • Exceptions: When there is something in the statute which shows a different inten t (Araphoe City v. Collector A tax circular issued on a wrong construction of the law cannot give rise to a vested right tha t can be invoked by a taxpayer. (Government v. The government can neither be estopped nor prejudiced by the illegal ac ts of its servants. Additional or double co mpensation. Union Pac). Galarosa) Hilado v. IX-B. 79 BP 881 which makes it unlawful for any person or any politica l party to engage in election campaign or partisan political activity except dur ing campaign period. or indirect compensation unless specifically authorized by la w. it shall not be conside red as election campaign or partisan political activity. (c) of Performance of Duties: standards of personal conduct provided for in Sec RA 6713 Commitment to public interest. double. guaranty. No m ember of the military shall engage directly or indirectly in any partisan politi cal activity. ity. except to vote • However. this prohibition does NOT prevent expressi on of views on current political problems (Caltex v Bonifacio) • This provision is diff from Sec. I. directly or indirectly. (a) I. Accountability and Responsibility Public Offi cers and Employees • of Partisan political activity No officer or employee of the civil service shall en gage. (Sec. Government not estopped by the unauthorized or illegal acts of officer s • As between an individual and his government. ism. IX-B.

RIGHTS AND PRIVILEGES OF PUBLIC OFFICERS A. 10) however. • One without legal title to office either by lawful appointment or electi on and qualification is not entitled to recover salary or compensation attached to the office. It is sometimes expressly provided that certain officers shall receive no compensa tion. 5 . VIII. including subsequent personnel actions (ex. • After services have been rendered by a publi c officer. the Sa lary Standardization Law was passed in compliance with the constitutional provis ion. GENERAL RULES • A public officer is n ot entitled to compensation for services rendered under an unconstitutional stat ute or provision thereof. reinstatement etc). and Per Diems Defined and Distinguished • Salary: time-bound • Wage s: service-bound • Per Diem: allowance for days actually spent for special duties 6. I X-B. Right to Sa lary or Compensation 1. • I f no compensation is fixed by law. Sec 10) Salaries of the Pr esident and Vice President shall be fixed by law and shall not be decreased duri ng their tenure. Right to Office • It is the right to exercise the powers of the office to the exclusion of others. 5) RA 6758. promotion. Salary. Sec. IX-B. • • 4. VII. Some Constitutional Provisions Affecting Salari es • No increase in the salaries of members of Congress shall take effect until af ter the expiration of the full term of the Members of the Senate and the House o f Representatives who approved the increase (Art. BASIS • The legal title to the office and the fact that th e law attaches compensation to his office 2. Salary of Public Officer Not Subject to Attachment . Compensation not an element of public office • Compensation is not indispensabl e to public office. he cannot recover salary for a period during which he performed no se rvices. No increase shall take effect until after the expiration of the term of the incumbent during which such increase was approved (Art. the public officer is assumed to have accepte d the office to serve gratuitously. Exception: If some other statute provides otherwise. • • One who intrudes into or usurps a public office has no right to the salary or emolu ments attached to the office. Wages. of the persons exercising immediate su pervision over him are prohibited. imposition of income taxes on s alaries of judges does not constitute unconstitutional diminution of salaries (N itafan v Tan) Additional. Sec. and a law creating an office without any provision for compensation may ca rry with it the implication that the services are to be rendered gratuitously. (d) (e) (f) • VII. 6 ) The salary of members of the Judiciary shall not be decreased during their con tinuance in office (Art. However. double or indirect compensation are prohibited (Art.257 6) The Constitutional Commissions (7) The Ombudsman (8) To any firm to which the y have controlling interest during their tenure Limitation on Laborers Shall not be assigned to perform clerical activities Detail or assignment No detail or re assignment shall be made within three months before any election without the app roval of the Comelec Nepotism All appointments made in favor of a relative (with in the third civil degree of consanguinity or affinity) of the appointing author ity or the chief of the bureau or office. VI. the compensation thus earned cannot be taken away by a subsequent law . 3. B. It is not part of the office but merely incident thereto. 8) Standardization of compensation (Art. This covers all appointments and designations . Sec. Sec.

(Sec. • a de facto officer: when notice of adjudication of the title to the de jure officer has been given. IX-B. Tan). Rodriguez v. 541) 8. the prevailing party can no longer recover the sala ry paid to the ousted officer. the prevailing party can no longer recover the salary paid to the ous ted officer. although it may be due government employees. The ousted officer.L. (This is usually wit h reference to unperformed services and the salary or fees attached thereto. Tan Where a duly proclaimed elective official who assumes office is subsequently ou sted in an election protest. Future or Unearned Salaries Cannot be Assigned • The salary or emoluments in pu blic office are not considered the proper subject of barter and sale. Agreements Affecting Compensation Held Void • An agreement by a public of ficer respecting his compensation may rightfully be considered invalid as agains t public policy where it tends to pervert such compensation to a purpose other t han that for which it was intended. Art. (Peralta v. Exception: If there was fraud on the par t of the de facto officer which would vitiate his election. attachment. Money in the hands of public officers. 10. who acted as de facto officer during his incumbency. by garnishment. (Peralta v. be seized before being paid by him.C. emoluments and allowanc es which are provided for the position. emoluments and allowances which are provi ded for the position (Rodriguez v. a bonus par takes of an additional remuneration or compensation. (Director of Commerce and Industry v.) 9. • Double There are 2 positions. or order of execution. an intruder / usurper: at all instances. and with additional functions and emoluments for both positions 7. or indirect comp ensation. The ousted officer. Exception: If there was fraud on the pa rt of the de facto officer which would vitiate his election. thus preventing the vice-mayor from discharging the duties of the position of ma yor. as the right rightful occupan t of the position of mayor. and appropriated for the payment of his debts. Additional or Do uble Compensation Prohibited Additional There is only 1 position. the salaried which he had received. and the de • • Pensions / gratuities are not considered as additional. nor an emolument of office. AuditorGeneral) . and to interfere with the officer s free and unbiased judgment in relation to the duties of his office. double. 8.258 • The salary of a public officer or employee may not. Right to Recover Salary: De Jure Officer and De Facto Officer • Where a duly proc laimed elective official who assumes office is subsequently ousted in an electio n protest. . is entitled to the compensation. but the public officer is getting additional compensation. • • Monroy v. is not liable to the creditors of these employees in the process of garnishment because the sovereign State cannot be sued in its own courts except by express authorization by statute. is entitled to the compensation. CA and del Rosario Where a mayor filed a certificate of candidacy for congressman then withdrew such certificate and reassumed the position of mayor. Concepcion) facto officer still continues to exercise duties and re ceive salaries and emoluments. • A de jure officer r ecover from-• the government: when the government continues to pay the de facto of ficer even after the notice of adjudication of the protest in favor of the de ju re officer. 1987 Constitution) By its very nature. who acted as de facto officer during his incumb ency. (22 R. Auditor General ) An allowance for expenses incident to the discharge of the duties of office is not an increase of salary. the mayor should reimburse to the vice-mayor. a prerequisite.

• After his tenure. Art XVIII) Right to additional allowances and benefits under the Local Government Code. But a public offic er who uses a government vehicle is not entitled to. Others • Right to reimbursem ent for expenses incurred in the due performance of his duty.259 11. of Finance) H. 81 that elective local officials shall be entitl ed to the same leave privileges as those enjoyed by appointive local officials F . Exception: As otherwise provided by law: . • If the suspension / removal from office is unj ustified. The Doctrine • A pub lic officer enjoys qualified. not absolute immunity. malicious or corrupt. 3. • • • VIII. Oct. this ruling may be considered abandoned by the Loca l Gov’t Code which states in Sec. C. Right to Maternity Leave G. Right to Preference in Promotion But the right does not prevai l over the discretion of the appointing authority E. Recovery of Salary During Period of Suspension • If preventively suspended. it was held that elective officials are not en titled to accrued vacation and sick leave credits because they have no official hours of work NOTE: However. not entitled to compensation as he has not rendered any service • If he was given penalty of removal from office. Liability of Public Officers General Rule: A public officer is not liable for injuries sustained by another as a consequence of official acts done within the scope of his official authority. March 2. he cannot recover salary. a transp ortation allowance (Domingo v COA. 16. he cannot recover because he was still found guilty although the penalty was reduced. Doctrine of Official Immunity 1. 1998) • Right to be indemnified against any liability which they may incur in the bona f ide discharge of their duties Right to longevity pay Separation Pay to be given to Civil Service employees who are separated from the service not for cause but by reason of reorganization (Sec. • If he was given penalty of removal from office. 7. LGUs may provide additional allowa nces and benefits to national government officials stationed to their municipali ty or city. he can recover back wages and other monetary benefits. 2. he can. The protection generally ap plies only to activities within the scope of office that are in good faith and a re not reckless. the Chief Executive cannot invoke immunity from suit for civil dama ges arising out of acts done by him while he was President (Estrada v Desierto. but his penalty was commuted from removal to me re suspension. or demotion. nor can he charge. he can recover. 2001) D. Right to Retirement Pay Retirement pay is liberall y construed in favor of the retiree (Proferata v Drilon) The money value of the terminal leave of a retiring government official shall computed at the retiree’s H IGHEST monthly salary (Belicena v Sec. But If he is subsequently exonerated. in Maleniza v COA. Presid ential Immunity from Suit • Enjoyed only during the tenure of the President. Purpose of the Doctrine • To indirectly protect the sovereign by protecting the public official in the performance of hi s governmental function • As a result of the immunity extended. • If the reinstatement was not the result of exoneration but an act of liberality by the Court of Appeals. the fearless and e ffective administration of the policies of the government is promoted. but was completely exonerated upon appeal. Right to Vacation and Sick Leave However.

• Statutory Liability 1. Dismis sal or relief from the criminal action/liability does not carry with it relief f rom administrative liability When a Public Officer if Subject to Civil Liability • The following must concur: injury to the individual must be established the pub lic officer must have violated a right or duty owed to the individual claiming d amages the officer must have maliciously and in bad faith acted outside the scop e of his / her authority (ultra vires) • Even mistakes committed by such public of ficer are not actionable as long as it is not shown that they were motivated by malice or gross negligence amounting to bad faith. charging them with civil liability. Civil Code: Liability of peace officers who fail to respond or give assistance to persons in danger of injury to life or property [Note: The municip al corporation is subsidiarily liable] 4. the conduct of races.260 1. Civil Code: Liability of public officer for violation of constitutional rights of individuals 3. However. the members of the Commission on Races declared a horse race can celled due to a faulty start. Bonifaci o In this case. and not control. 38(1) Admin Code) No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duti es. to per form his official duty. under t he Local Gov’t Code. or within a reasonable period if none is f ixed. Sec. malice or negligence (Sec. morals. Racing Club v. This is without prejudice to administrative disciplinary act ion against the officer 2. 34. K inds of Liability of Ministerial Officers 2. Art. A public officer shall not be civilly liable for acts done in the performance of his official duties. shall be liable for damages to the private party concerned without prejudi ce to such other Threefold Liability Rule. the Philippine Racing Club also made a refund to the holders of the losing tickets. unless there is a clear showing of bad faith. or that they be specifically directed or requested by a sup erior officer. An action can proceed independently of the others. It is sufficient if they are done by an officer in relation to ma tters committed by law to his control or supervision. 32. Local governments and their officials are not exempt from liability for death or injury to persons or damage to property The wrongfu l acts or omissions of a public officer may give rise to civil. 3. 24. A suit was filed a gainst the Commission. or that they have more or less connection to the department under whose authority the officer is acting. neglects to perform a duty within a period fixed by law or regulation. 27. Because of such declaration. without just cause. they were absol ved from liability because they acted in their official capacity in the honest b elief that they had such power. Book I Admin Cod e: Any public officer who. without just cause. Phil. Sec. However he shall be liable for willful or negligent acts done by him which a re contrary to law. The Court opined that in order that acts may be done within the scope of official authority. but only after holders of the winning tickets were able to claim their prizes. Civil Code: Any person suffering moral or materi al loss because a public officer refuses or neglects. 38(2) Chapter 9. Admin Code) However. public policy and good customs even if he acted unde r orders or instructions of his superiors (Sec. Art. criminal and adm inistrative liability. 39. The Court found the C ommissioners acted outside the scope of their authority as they only had the pow er to supervise. . may file an action for damages and other relief against the public officer. Art. it is not necessary that they be pr escribed by statute.

and so the public off icer may be held personally liable. con ducts or carries on the business of his officer as to furnish the opportunity fo r the default. even if he acted under orders of his superior. 48 which is entitled “Procedure in Administ rative Cases Against Non-Presidential Appointees. of that which the officer has no legal right to do at all • It is the general rule that good faith and absence of malice constitute no defense in an action to hold a ministerial officer liable for damages caused by nonfeasa nces or misfeasances. nor does the re-election of a public official extin guish the criminal liability incurred by him during his previous term of office. (Shauf v CA. negligence or misfeasance of their subordinates. to perform an act wh ich it was the officer’s legal duty to the individual to perform Misfeasance: fail ure to use. • • A subordinate who acts in good faith under lawful orders of a superior officer is not personally liable in an action for damages. Exceptions: o Where . in the performance of a duty owing to an individual. unless he has actually auth orized. that degree of care.” The very subject of Sec. omissions of du ty. Over Presidential Appointees 1. without sufficient excuse. either through ignorance. morals. the specific act or misconduct complained of. by written order. Wylie v Rarang) 8. good faith or honest mistake may be shown in miti gation of damages. Chap 9. o Where. skill and diligence Malfeasance: the doing. This is because unauth orized acts of government officials are not acts of State. public policy or good customs. authorized or cooperated in the wrong. o Where he has directed. Admin Code) Thus. o Where he so carelessly or negligently oversees. However. Disciplinary A uthority Lies with the Appointing Authority Sec. ADMINISTRATIVE DISCIPLINE A. Criminal Lia bility • The mere fact that an officer is acting in an official capacity will not relieve him from criminal liability. (Sec 38( 3). • The mere expiration of the term of office o f the public official will not prevent the prosecution and punishment for a misd emeanor committed in office.261 • Nonfeasance: neglect or refusal. those in the chain of command should not b e subject to suit on any theory of vicarious responsibility. 47(1). he negligently or willfully fails to require them the due conformity to t he prescribed regulations. or exceeds the powers conferred upon him by law. o Where liability is expressly provided in the statute. inat tention or malice. even where such conduct is committed in the course of their employment. bei ng charged with the duty to see that they are appointed or qualified in a proper name. Liability for To rtuous Acts • Public officers are not immune from suit for their own tortuous cond uct. He shall be civilly liable for willful or negligent acts done by him which are contrary to law. IX. Book V of EO 292 which p rovides that “a complaint may be filed directly with the CSC by a private citizen against a government official or employee in which case it may hear and decide t he case” must be read together with Sec. • • Liability on Contracts • The public officer shall be personally liable on contract s he enters into if he acted without or exceeded his authority. 48 imp licitly limits the scope of the CSC’s jurisdiction in administrative cases to nonp residential appointees and makes patent the conclusion that the disciplinary aut hority over Liability of Superior Officer for Acts of Subordinate • GENERAL RULE: Public offic ers are not civilly liable to 3rd persons for the wrongful acts. Liability of Subordinates . being charged with the duty of employing or retaining his subordinates. he neg ligently or willfully employs or retains unfit or improper persons. • The public officer shall be personally liable if he goes beyond the scope of his au thority. Book I.

Va squez A judge who falsifies his Certificate of Service is administratively liabl e to the SC for serious misconduct and inefficiency under Sec. he shall notify the respondent in writing of the charges against the latter. provinces. • D ecisions of Secretaries and heads of agencies and instrumentalities. Exceptions • Ju stices of the Supreme Court (by impeachment) • Members of Constitutional Commissio ns (by impeachment) • Ombudsman (by impeachment) • Judges of inferior courts (discip linary or removal power vested in the Supreme Court) Bonifacio Sans Maceda v. or head of local g overnment. Investigation by the Ombudsman violates the specific constitutio nal mandate of the SC and undermines the independence of the judiciary. Jurisdiction • Original complaints may be filed: (a) directly with the CSC or ( b) with the Secretaries and heads of agencies and instrumentalities. Procedure in Administrative Cases Against Non-Presidential Appointees • Administrative proceedings may be commenced against a subordinate officer or em ployee by the Secretary or head of office of equivalent rank. Art. the Ombudsman must defer action on said complaint and refer the same to the SC for determination whether said judg e or court employee had acted within the scope of their administrative duties. 46(b). the SC power of administrative supervision over judges and court personne l is exclusive. VIII. 2. removal or dismissal from office shall be appealable to t he CSC. Power to Appoint Implies the Power to Remove. Over Non-Presidential Appointees 1. 3. • For complaints filed by any other person Complaina nt shall submit sworn statements covering his testimony and those of his witness es together with his documentary evidence. Decisions imposing the penalty of suspension for m ore than 30 days or fine in an amount exceeding 30 days’ salary. the same shall be executory except when the pena lty is removal. cities and municipalities for officers and employees under their jurisdiction. provinces. CSC). T hus. Grounds • Sec. the same may be initially appealed to the department and finally to the Commission and pending appeal.” • The grounds constituting just cause ar e enumerated in Sec. 1. Where a criminal complaint against a judge or other empl oyee arises from their administrative duties. or regional directors. the Ombudsman should first refer the matter to the SC for determination of whether the certificates reflected the true status of his pending case load. If based on such papers a prima facie case is found not to exist. B. or chiefs of agencies. 2. Rule 140 of th e Rules of Court and criminally liable to the State under the Revised Penal Code for his felonious act. • I n case the decision rendered by a bureau or office head is appealable to the Com mission. Book V of EO 292: “No officer o r employee in the Civil Service shall be suspended or dismissed except for cause as provided by law and after due process. 46(a). Otherwise. Sec. Ombudsman-Mindanao Citing the Maceda case.262 presidential appointees lies elsewhere – the President as appointing power himself (Olonan v. demotion in rank or salary or transfer. the disciplining authority shall dismiss the case. Respondent shall be allowed not less than seventy-two hours after receip t of the complaint to answer the charges in writing under oath. Dolalas v. in which case the same shall be executory only after confirmatio n by the Secretary concerned. together with su pporting sworn statements and documents. as the SC had the necessary records to make such a determination. or upon sworn written c omplaint of any other person. cities and municipalities shall be final in case the penalty imposed is suspensi on for not more than 30 days or fine in an amount not exceeding 30 days’ salary. He shall also indicate . 6 of the Constitution exclusively vests in the SC administrative supervision over all courts and court personnel.

But when the • 7. the latter may impo se a preventive suspension for a period of 6 months. Civil Service Commission The remedy of appeal in civil service cases may be availed of only in a case where respondent is fou nd guilty of the charges against him. t here is no occasion for appeal. The decision shall be rendered by the disciplining authority within thi rty days from the termination of the investigation or submission of the report o f the investigator. the me rits of the case cannot be decided judiciously without conducting such an invest igation. the disciplining authority sh all dismiss the case. one shall nevertheless be conducted when from the allegations of the compla int and the answer of the respondent. “Pa rty adversely affected by the decision” in Section 39 of the Civil Service Law ref ers to the government employee against whom case was filed. which report shall be submitted within fifteen days from the conclusion of the investigation. or neglect in the performance of du ty. 5. 6. including the supporting documents. • Maximum period for preventive suspension • 90 days for national officials • 60 days for local appointive and elect ive officials.263 whether or not he elects a formal investigation if his answer is not considered satisfactory. Preventive Suspension • The proper disciplining authority may pr eventively suspend any subordinate officer or employee under his authority pendi ng an investigation. the decision is not supported by the evi dence on record. and When the respondent is notoriousl y undesirable. Summary Proceedin gs • No formal investigation is necessary and the respondent may be immediately re moved or dismissed if any of the following circumstances is present: When the ch arge is serious and the evidence if guilt is strong. as in this case. or error of law or irregularities have been committed which are prejudicial to the interests of the respondent. the respondent shall be automatically reinstated in the service. Appeals and Petition for Reconsideration • Within 15 days from receipt of the d ecision unless a petition for reconsideration is seasonably filed. When the administrative cas e against the officer or employee under preventive suspension is not finally dec ided by the disciplining authority within the period of ninety (90) days after t he date of suspension of the respondent who is not a presidential appointee. Mendez v. which petitio n shall be decided within 15 days. Penalty . if the charge against such officer or employee involves: di shonesty. When the respondent is a re cidivist or has been repeatedly charged and there is reasonable ground to believ e that he is guilty of the present charge. • A petition for reconsideration shall be based only on any of the following grounds: new evidence has been discovered which ma terially affects the decision rendered. Either party may avail himself of the services of counsel and may require the attendance of witnesses and the production of do cumentary evidence in his favor through the compulsory process of subpoena or su bpoena duces tecum. respondent is exonerated of said charges. or oppression or grave misconduct. except if the case is filed in the Ombudsman. 4. Although a respondent does not request a formal investigat ion. PD 807 shows that it does not contemplate a revi ew of decisions exonerating officers or employees from administrative charges. or if there are reasons to believe that the respondent is guilty of charges which would warrant his removal from the service. • Only one petition for reconside ration shall be allowed. If the answer is found satisfactory.


and by a majority vote of all its members. subject to such terms and conditions as he m ay impose in the interest of the service.264 • In meting out punishment. Complaint shall be included in the Order of Business within 10 sessions days and referred to the proper Office of the President Sangguniang Panlalawigan Barangay official Sangguniang P anlungsod or Sangguniang Bayan consideration of the House within 10 session days from receipt thereof. Elective Official against whom Administrative Complaint is Filed Provincial or c . The Senate shall have the sole po wer to try and decide all cases of impeachment. an d trial by the Senate shall forthwith proceed. EO 292) If the respondent is fou nd guilty of two or more charges or counts. but shall not vote. the same shall constitute the Articles of Impeachment. When sitting for that purpose. the President may c ommute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases. 46(d). or override its contrary resolution. a warning or an admonition shall not be considered a penalty. The disciplining authorit y may impose the penalty of removal from the service. A warning is an act or fact of putting one on his guard. the penalty imposed should be that c orresponding to the most serious charge or count and the test may be considered as aggravating circumstances. an admonition is a gen tle or friendly reproof or a mild rebuke. Veloso). t ogether with the corresponding resolutions. suspensi on for not more than one year without pay. • Judgment in cases of impeachment shall not extend furthe r than removal from office and disqualification to hold office under the Republi c of the Philippines. trial and punishment according to law. s hall submit its report to the House within 60 session days from such referral. demotion in rank. t he Senators shall be on oath or affirmation. Committee within 3 session days therea fter. Impeachment • Procedure A verified complaint may be filed by any member of the House of Representatives or by any citizen upon a res olution of endorsement by any member thereof. No person shall be convicted without the concurrence of 2/3 of all the members of the Senate. but the party convicted shall nevertheless be liable and s ubject to prosecution. (Sec. However. In case the ver ified complaint or resolution of impeachment is filed by at least 1/3 of all the members of the House. the same penalties shall be imposed for similar offens es and only one penalty shall be imposed in each case. while a reprimand is a formal and publ ic censure or a severe reproof. 15 of the Implementing Civil Service Rules and Regulations) Reprimand is a penalty (Tobias v. The resolution shall be calendared f or Where to File Complaint • • • • • C. • No impeachment pro ceedings shall be initiated against the same official more than once within a pe riod of one year. A vote of at least 1/3 of all the members of the House sh all be necessary either to affirm a favorable resolution with the Articles of Im peachment of the Committee. Book V. When the President of the Philippin es is on trial. fine in an amount not exceeding six m onths’ salary. (Sec. Over Elective Officials 1. after hearing. 17 of the Implementing Civil Service Rules a nd Regulations) A reprimand whether given by the Civil Service Commission or the head of department or agency shall be considered a penalty. the Chief Justice of the Supreme Court shall preside. or reprimand. Removal of Administrative Penalties or Disabilit ies In meritorious cases and upon recommendation of the CSC. (Sec. The Committee.

ity official Municipal official .

sangguniang panlungsod. and sangguniang b arangay • Application for. No investigation shall be held within 90 days immediately prior to any local election. sangguniang bayan. the Office of the Presi dent or the sanggunian concerned. 7. and no pre ventive suspension shall be imposed within the said period. it shall be deemed automatically lifted upon the start of the aforesaid period. Modes of Termination 1. • • • • • Administrative Appeal: Within 30 days from receipt of the decision. 3.265 2. TERMINATION RELATIONS A. No preventive suspension shall be imp osed within 90 days immediately prior to any local election. If preventive suspe nsion has been imposed prior to the 90-day period immediately preceding local el ection. 8. Upon exp iration of the preventive suspension. which shall be terminated within 120 days from the time he was formally notified of the case against him. OF OFFICIAL X. Retirement Bona fide aboli tion of office Abandonment of office Acceptance of an incompatible office Resign ation Removal for cause Temporary appointments’ termination . the Office of the President or the sanggunian concerned shall render a decision in writing stating clearly and dist inctly the facts and the reasons for such decision. 5. appeal to: s anggunian panlalawigan. there is great probability that th e continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence. 60-68. oppression. Expiration of Term or Tenure of Office • End of a fixed term • End of Pleasure where one holds office at pleasure of appointing authority • Loss of confidence in prim arily confidential employment Reaching the age limit. and sangguniang bayan Office of the President. shall require the responde nt to submit his verified answer within 15 days from receipt thereof (3) Investi gation: Commenced within 10 days after receipt of such answer of the respondent. It shall be terminated within 90 days from the start thereof. Procedure (1) Verified Complaint (2) Answer: Wi thin 7 days after the administrative complaint is filed. as the case may be. the sangguniang panlungsod of highly ur banized cities. • Preventive Suspension • • May be imposed at any time after the issues are joined. or acquisition of. 6. and given the gravity of the offense. gross neglig ence. foreign citizenship or residence or the status of an immigrant of another country • Such other grounds as may be provi ded in this Code and other laws. (4) Decision: Within 30 days after the end of the investigation. 2. when the evidence of guilt is strong. or dereliction of duty • Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor • Abuse of authority • Unauthori zed absence for 15 consecutive days. the suspended elective official shall be d eemed reinstated in office without prejudice to the continuation of the proceedi ngs against him. misconduct in office. in case of decisions of the sangguniang panlungsod of co mponent cities. except in the case of members of the sanggu niang panlalawigan. 4. in the case of de cisions of the sangguniang panlalawigan. Local Elective Officials (Sec. the sangguniang panglungsod of independent component cities. Local Government Code) • Grounds for Disc iplinary Actions • Disloyalty to the Republic of the Philippines • Culpable violatio n of the Constitution • Dishonesty.

11. C. Loss of Confidence in Primarily Confidential Employment • Official a nd employees holding primarily confidential positions continue only for so long as confidence in them endures. Expiration of Term or Tenure of Office 1. Villegas). or whether legal cause should precede o r not that of removal. which is an ordinary mode of ter minating official relations. Performance of act or accomplishment of purpose for wh ich the office was created 16. 3. • he is at least sixty (60) years of age at the time of retirement. 13. The legislat ive intent is to make continuance in office dependent upon the pleasure of the P resident. Provided that if he has less than 15 years of service. What is invol ved here is not the question of removal. The termination of their official relation can be justified on the ground of loss of confidence because in that case. Failure to assume elective office within six mont hs from proclamation B. unless he is authorized by law to h old over. Reaching the Age Limit. • Compulsory Retirement • Unless the service is extended by appro priate authorities. 2. or whether legal c ause should precede such removal. with the exceptio n of the municipal judge. which has been made expressly dependent upon the pleasure of the President. including its Chief of Police. Recall Impeachment Prescription of right to office Death Conv iction of crime where disqualification is an accessory penalty 14. his rights. NOTE: different in Nachura R eviewer: Compulsory Retirement Age is 70 yrs for the members of the Judiciary an d 65 yrs for other government officers and employees (Under New GSIS Charter) Be ronilla v GSIS The compulsory retirement of government officials and employees u pon reaching the age of 65 years is founded on public policy which aims by it to maintain efficiency in the government service and. What is involved is not removal. Retirement • Conditions f or entitlement to retirement benefits (R. either fixed by law or enduring at the pleasure of the creating power. Congress has the power to vest such power of appointment. but the creation of an office and the tenure o f such office. which has been made expressly dependent upon the pleasu re of the President (Alba v. Evangelista). What is involved here is the creation of an office and th e tenure of such office. Evangelista states that the replaceme nt is not removal. 8291) • he has rendered at least f ifteen (15) years of service. freed from the rigors. Fernandez v Ledesma The Charter of Ba silan City provides that the President shall appoint and may remove at his discr etion any of the city’s officers. and • he is not receiving a monthly pension benefit from permanent total disability. End of pleasure where one holds office at the pleasure of the a ppointing authority • President can validly terminate tenure of Vice Mayor of Roxa s City as the office was created at the pleasure of the President. End of Fixed T erm • Upon the expiration of the officer’s term. retirement shall be compulsory for an employee at least 65 y ears of age with at least 15 years of service. i n the form of a comparatively easier life. but an expiration of tenure. 12. who may be removed only according to law. he may be allowed to continue in the service in accordance with existing civil service rules and regulations.” Alba v. No.266 9. at the same time. their cessa tion from office involves no removal but merely the expiration of the term of of fice (Hernandez v. 10. discipline and the exacting demands that the nature of their work and their . Filing of cer tificate of candidacy 15. duties and authority as a public officer must be ipso fact o terminated.A. “A pu blic office is the right for a given period. Further. give to th e retiring public servants the opportunity to enjoy during the remainder of thei r lives the recompenses for their long service and devotion to the government.

there must have been an intention to do away with it wholly and permanently. the City created 35 new positions and abolished 32. the right to abolish cannot be used to discharge employees in violation of the Civil Service law nor can it be exercised for per sonal or political reasons. A removal implies that the office still exists. Busacay was ordered reinstated by the SC. it would have directed the re tention. Facundo v. To consider an office abolished. However. there is an office with an occupant who would thereby lose his position. The right itself disappeared with the ab olished office as an accessory following the principal. unless there are constitutional or statutory rules providing other wise. • Abolition Must Be in Good Faith The abolition of an office does not amount to an illegal removal or separation of its incumbent is the principle that. D. t he bridge was later reconstructed and opened to the public with a new collector being appointed. in order to be val id. respecti vely. not the transfer.267 relations with their superiors as well as the public would impose on them. SC held that appoint of Q uitoriano was valid. there must have been an intention to do away with it wholly and perm anently. In other words.A. Cruz v. N o. But the office must be abolished in good faith. In case of removal. Bo na Fide Abolition of Office • As a general rule. While abolition does not im ply removal of the incumbent. SC held that the termination was not valid. Osmeña Briones and Rosaga ran were employees in the Office of the City Mayor since 1937 and 1940. • To consider an office abolished. Consequently. Manalang has never been NES Commissioner and thus could not have been removed therefrom. R. Where the . the question of any impairment of security of tenure when there is an abolition of office does not arise. Congress may abolish any office it creates without infringing upon the ri ghts of the officer or employee affected. the rule is well-settled that the power to create an office includes the power t o abolish it. Buenaventura Busacay was laid off as toll collector when the bridge was destroyed. there is in law no occupant. absent some Constitutional prohib ition. Quitoriano The National Employment Service was established by R. of qualified personnel to the NES. Primicias As well settled as the rule that the abolition of an office does not amount to an illega l removal of its incumbent is the principle that. Briones v. Pabalan There is no law which expressly a uthorizes a municipal council to abolish the positions it has created. 761 in lieu of the Placement Bureau. not for personal or political reas ons. by implication. The collapse of the bridge did not work to destroy but only to suspend th e position of toll collector thereon. the abol ition must be made in good faith. Manalang v. this rule is true only where the abolition is made in good faith. creating NES. 76 1. Busacay v. However. Had Congress intended the NES to be a mere enlargement of the Placement Bureau. t he office of the Director of the Placement Bureau. and not implemented in violation of law.A. in order to be valid. there was never any thought of not rebuilding the b ridge. the abolition must be made in good faith. Quitoriano was appointed as NES Commissi oner in spite of the recommendation of the Labor secretary to appoint Manalang w ho was the incumbent Director of the Placement Bureau. No. • Terminat ion by virtue of the abolition of the office is to be distinguished from removal . There can be no tenure to a non-existent office. In the case at bar. the two were ter minated. It is in that sense that from the standpoint o f strict law. of which the positions of Briones and Rosagaran were included. expressly abolished the Placement Bureau and. After the abolition. the collector’s right to the position was similarly and automatically restored. In 1956. and upon its reconstruction and re-opening .

The situation is one wherein he cannot legally hold two offices of similar category at the same time. He accepted and qualified for the position of judge-at-lar ge by taking the oath of office of judge-at-large. what respondents so ught to achieve was to supplant civil service eligibles with men of their choice . for political or personal reasons. is judged from the facts of each case. • If the law or Constitution as an expression of publ ic policy forbids the acceptance by a public officer of any other office other t han that which he holds. accepts another office incompatible with the firs t. Acceptance of an Incompatible Office • He wh o. it is not a case of incompatibility but of legal prohib ition. Temporary absence is not s ufficient. to remove re dundancy of functions. as to render it improper for consideration s of public policy for one person to retain both. A reorganization is carried out in good faith if it is for the purpose of economy or to make the bureaucracy mor e efficient. In the case at bar. SC held that Summers’ voluntary acceptance of the position of CFI judge amounted to a waiver of his ri ght to hold the position of cadastral judge during the term fixed and guaranteed by the Constitution. assumed office as CFI judge due to an ad interim appointment. It may result in the loss of one’s position throug h removal or abolition of office. and must be under such circumsta nces as clearly to indicate an absolute relinquishment thereof. Reorganization • This occurs where there is an alteration of the existing structu re of government offices or units therein. • But in order t o be valid. • Reorganization of the government may be requir ed by law independently of specific constitutional authorization. and not merely of an “acting” jud ge-at-large. • Abandonment by reason of acceptance of another office. it must also be done in good faith. in order to be effective and binding. 28 ne w positions with higher salaries were simultaneously created. a cadastral judge. Abandonment of Office • A public office may become vacant ipso facto by abandonment and non-user. ipso facto absolutely vacates the first office. In truth and in fact. In the case at bar. nor can the officer then regain the possession of his former office to which another ha s been appointed or elected. must spring from and be accompanied by deliberation and freedom of choice. autho rity and responsibility between them to promote greater efficiency. • Abandonment must be total and absolute.268 abolition is made in bad faith. F. • The officer shou ld manifest a clear intention to abandon the office and its duties. or in order t o circumvent the constitutional security of tenure of civil service employees. And even though the title to the se cond office fails as where election is void. Mison). i t is null and void. Ozaeta Summers. Good faith. E. • Incompatibility of offices exists where: • There is conflict in such duties and functions so that the performance of the duties of one interferes with the performance of the duties of another. the former incumbent cannot legally repossess it even by forcible re-occ upancy. That the second office is inf erior to the first does not affect the rule. When an office is once aba ndoned. while occupying one office. However. while 22 positions were abolished. there was la ck of good faith (Dario v. the rule is still the same. No charge of ineff iciency is lodged against petitioners. • One is subordinate to the othe r and is subject in some degree to its supervisory powers for in such situation where both are held by the same person. the design that one acts . G. including the lines of control. as a component of reorganization under a constitutional regime. eith er to keep the old office or renounce it for another. or to affect economy and make it more responsive to the n eeds of their public clientele. whose tenure would be totally dependent upon their pleasure and discretion. • Summers v. the ad interim appointment was disapproved and Summers now seeks to be reappointed as cadastral judge.

The Constitution or the law itself.O. Barlon gay states that there is no specific law providing for the grounds for their rem oval. 2. (63 Am Jur 2d. • First office is held under a different government from that which confer red the second. • Second office is temporary. Grounds for Removal from Office • For Presidential appointees. Resignation • A resignation of a public officer need not be in any particular f orm. H. upon the principle that he will not b e permitted to thus do indirectly what he could not do directly. • Many other cases take the view that to be effective. No. • Misconduct must be “in office” in c ase of elective officers. not a ground for dismissal Ochate v. 46. • Officer is expressly authorized by law to accept another office.269 • as a check on the other would be frustrated.e. sec. • Prof. even where it is provided than an officer may hold over until election and qualification of a successor. and (2) acceptanc e of resignation. 1987 Constitutio n). a person to the wi ll of the political authority. Without acceptance. local elective officials). • Misconduct committed during a prior term. do n ot justify the administrative proceedings instituted against the petitioner and his suspension by the governor. • There must be an intention to relinquish a part of the term . declares the incompatibility even though there is no inconsistency in the nature and functions of the offices. especially when the resignation is unconditional and purports to take effect im mediately. • Misconduct nee d not be “in office” in case of appointive officers. • For local elective officials. for reasons of public policy. • Conflicting Views: • According to some authorities. Ordinarily. It just manifests the submission of . Ty Deling The SC held that the facts alleged in the adm inistrative charge. Protection from Remova l without Cause • No officer or employee of the civil service shall be removed or suspended except for cause provided by law (Sec. Book V. suspended or removed from office. the resignation must be accepted by competent authority. 163) • Prof. see Sec. • A “courtesy resignation” cannot properly be interpreted as resigna tion in a legal sense. Art.. it may either be in writing or by parol. Sec . Prof. • For civil serv ice officials and employees. the resignation is nothing and the officer remains in office. 2(3). Barlongay: Courtesy resignation is not allo wed in (1) career positions and (2) non-career positions with security of tenure (i. as where the la w requires the approval of the provincial board before a municipal official can resign. Determination of grounds is just a matter of practice and by analogy. The radio broadcast in which the objectionable utterances were made had nothi ng to do • Exceptions to the Rule on Holding of Incompatible Offices • Where the officer cann ot vacate the first office by his own act. unless some form is prescribed by statute. 292 which provides fo r at least 30 grounds for disciplinary action. I. Removal for Cause 1. • The right of a public officer to res ign is well recognized. The alleged libel imputed to the mayor was not s uch misconduct even if the term “misconduct in office” be taken in its broadest sens e. accompanied by the act of relinquishment. Barlo ngay: Two elements are necessary to constitute an effective acceptance: (1) inte ntion to relinquish office coupled with actual relinquishment. the grounds used for non-presidential appointees are made applicable. IX. 60 of the Local Government Code provides for the grounds where an elective loc al official may be disciplined. as substantiated by the affidavits of the complainants. no acceptance is necessary to render a resignation effective. E.

There was no cause for Lacson’s removal. 881 whic h states that any elective official. The one-year period presupposes judicial action. holds it in temporary capacity and must yield to the latter. The reason is that a fiscal is appointed for eac h province and Lacson could not legally hold and occupy the two posts of fiscal of Tarlac and Negros Oriental simultaneously. 9006 (Fair Election Act of 2001): • Sec. • The intended transfer to Tarlac. One holding an off ice in a temporary capacity may be ousted at anytime with or without cause (Ferr er v. if the appoin tment is made temporary.P. Therefore. if c arried out without the approval of Lacson. L. the appointment is determinative. Barlongay: The one-yea r period is the prescriptive period to claim public office (whether through quo warranto or otherwise). Even if a position is permanent. • The first proviso of Sec. Art. Recall • The Congress shall enact a local government code which shall provide f or a more responsive and accountable local government structure instituted throu gh a system of decentralization with effective mechanisms of recall. 67 of B. • The transfer may be from one department or agency to anot her or from one organizational unit to another in the same department or agency. initiative and referendum (Sec. such should be for cause in order for the other person to legally occ upy the office in Negros. Reason is public policy and convenience. Prescription of Right to Office • Any person claiming a right to a position in the civil service is req uired to file his petition for reinstatement within one year. The controlling factor in determining the character of the appoi ntment is the appointment itself. Marino). Transfer from One Position to Another May or May Not Constitute Violation of Security of Tenure • A transfer is a movement from one position to another which is of equivalent rank. to be a fiscal of Tarla c must mean his removal from office in Negros. shall be considered ipso facto resigned from office by the mere filing of a certificate of candidacy. Since the transfer is considered a removal. Villacorta). the same can be terminated a t pleasure by the appointing power (Quitiquit v. de Leon). If the employee believes that there is no justification for the transfer. not adm inistrative action. K. J. He therefore re mains as fiscal of Negros (Lacson v. inclu ding active AFP members. M. 11 o f R. he may appeal to the SC. One appointed to a position of another who was illegally suspended or dismissed. Filing of Certificate of Candidacy • Sec. but the nature of the appointment (Hojilla v. except for Pr esident and Vice President. 66 of the Omnibus Election Code: Any person holding appointive public offices or positions. stab ility in the public service (Unabia v. level. the employee concerned shall be informed of the reasons therefo re. 14 of R.270 with his official functions and duties as a mayor. 3. Termination of Temporary Appoin tment • The appointment being temporary in character. • The following provisions have been REPEAL ED by Sec. • Prof. 1987 Constitution) • The procedure for recall is p rovided in Sections 69-75 of the Local Government Code. 8436 which states that "Any elective official. running for any officer ot her • • . would be equivalent to a removal from his office in Negros Oriental. whether national or local. 3. X. • It shall not be considered disciplinary when made in the interest of public service . City Mayor). The reason for this is that there was no valid termination.A. however that any movement from the non-career service to the career s ervice shall not be considered a transfer. is considered ipso facto resigned from office by the me re filing of certificate of candidacy. Romero). in which case. What is determinative is not the nature of the office (permanent or • temporary).A. or salary without break in service involving the issuance of an appointment. running for any office OTHER than one which he is holding in a permanent capacity. otherwise he is de emed to have abandoned his office. Provided.

except for President and V ice-President. 11. BP 881 provides: “The offi ce of any official elected who fails or refuses to take his oath of office withi n six months from his proclamation shall be considered vacant . Failure to Assume Office • Sec.” . Performance of Act or Accomplishment of Purpose for which the Office was Created • Performance of act or accomplishment of purpose renders offic e functus officio.271 than one which he is holding in a permanent capacity. shall be considered ipso facto resigned upon the start of the cam paign period. O. unless said fail ure is for cause or causes beyond his control." N.

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