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Chapter 1

THE CONCEPT OF THE PUBLIC OFFICE CHARACTERISTICS
 Public trust
 Not a hereditable possession

DEFINITION  Outside the commerce of man

A PUBLIC OFFICE is the right, authority and duty, created and  No vested interest (exception: constitutional offices) or absolute
conferred by law, by which for a given period, either fixed by law or right to hold an office
enduring at the pleasure of the creating power, an individual is  Cannot be deprived of his office without a clear expression of the
invested with some portion of the sovereign functions of the state to be legislative will
exercised by him for the benefit of the body politic. The individual so
invested is a public officer.

Public Officer vs Public Employee CLASSIFICATIONS

The distinguishing factor is that the creation and conferring of an office  Constitutional or statutory
involves a delegation to the individual of some of the sovereign  National or local
functions of government, to be exercised by him for the benefit of the
 Legislative, executive or judiciary
public.
 Lucrative or honorary

Revised Penal Code  Discretionary or ministerial
Public officer is any person who, by direct provision of the law, popular  Appointive or elective
election or appointment by competent authority, shall take part in the  Civil or military
performance of public functions in the Government of the Philippine
Islands, or shall perform in said Government or in any of its branches  De jure or de facto
public duties as an employee, agent or subordinate official, of any rank
or class.

Anti-Graft and Corrupt Practices Act (RA 3019) ----------------------------------------------------------------------------------------------
A private individual hired on a contractual basis as a project manager
for a government undertaking is a public officer.
Chapter 2
REQUIREMENTS FOR PUBLIC OFFICE
ELEMENTS
(1) Created by law or by authority of law
(2) Must possess a delegation of a portion of the sovereign powers to SELECTION FOR PUBLIC OFFICE
be exercised for the benefit of the public A public officer is chosen either by appointment or election.
(3) Powers and duties must be defined, directly or impliedly, by the
legislature or through legislative authority
APPOINTMENT ELECTION
(4) Duties must be performed independently and without control of a
superior power other than the law unless they be those of an Designated by an appointive Occupies the office by virtue of
inferior or subordinate office created or authorized by the official the mandate of the electorate
legislature, and by it placed under the general control of a
superior office or body Some hold their office in a
(5) Permanence and continuity, and not only temporal or occasional permanent capacity and are Elected for a definite term and
entitled to security of tenure, may be removed only upon
while others serve at the pleasure stringent conditions
of the appointing authority
CREATION
Strictly prohibited from engaging
Constitution in any partisan political activity or Expressly allowed to take part in
Brought to existence by the self-executing provisions of the take part in election except to political and electoral activities
Constitution (Office of the President, Legislature, Supreme Court, and vote
Constitutional Commissions)

Statute I. APPOINTMENT
Created by legislation or validly delegated legislative power (Bureau of
Mines, SEC, Code Commission, Sangguniang Panlungsod)
APPOINTMENT is defined as the act of designation by the appointing
officer, body, or board, to whom that power has been delegated, of the
Authority of Law individual who is to exercise the functions of a given office.
Established by implementing statutes mandated by the Constitution
(MMDA, NEDA) DELEGATION – mere imposition of new duties on the officer to be
performed by him in a special manner (temporary in nature)

*Mara Martinez*

still be ineligible therefor if he is laboring under a disqualification. illegal pre-emption of the powers of his successor. or if the take effect immediately upon its issuance by the appointing authority. Such power of the President. Appointing authority of the President under the Constitution Best evidence of the appointment: --needs confirmation from Commission on Appointments-. may further be delegated to the office. it may be exercised by the Supreme Court. provision. (5) All other officers of the government whose appointments are not provided for by the law (6) Those whom he may be authorized by law to appoint II.  Disqualification The appointing officer and the Civil Service Commission (authority Lack of disqualifications is itself a qualification. in certain Where a prospective vacancy will occur after the appointing authority’s instances. chairmen or heads of bureaus or offices. not be imposed for the exercise of the right to run for public Secretary. though not may have the prescribed qualifications for a public office.  Absolute – when. The appointing power can be vested in the Department Head or however. constructive. be entitled to receive his salary at once. revision. modification and reversal of the Department Secretary. ELECTION The President may temporarily (in an acting capacity) designate an officer already in government service or any other competent person to ELECTION is a mode of filling a public office. Appointment must be in writing. he shall for the same acts for which he was prosecuted (and later acquitted *Mara Martinez* . Appointment is essentially discretionary and cannot be controlled even by the courts as long as it is properly and not arbitrarily exercised by QUALIFICATION AS AN ENDOWMENT the appointing authority. executive clemency is granted to cover the administrative charges and if the appointee has assumed the duties of the position. An appointment issued in accordance with pertinent laws and rule shall If the pardon is based on the innocence of the individual. through the selection by them of the functionaries who will represent them therein. he cannot fill it in advance during his term. the exception being temporary appointments to  Accidental – incumbent is separated by any mode other than executive positions when continued vacancies therein will expiration of the term (death. regional director subject to the approval. appointive office is in connection with the defense of the State. The term qualification is understood in this connection as referring to the qualities or endowments required of the public officer to insure the proper discharge of the duties of his office. embodied in what is known as the (1) Heads of the executive departments commission (2) Ambassadors. failing which. however. removal or prejudice public service or endanger public safety abandonment) (3) Appointments of the Acting President shall remain effective. the term of the incumbent having expired. cannot be delegated. resignation. the Office of the Ombudsman.  Original – an office is created and no one has yet been chosen to including GOCCs and their subsidiaries fill it (2) The President may not make appointments within two months  Constructive – incumbent has no legal right to the office (such as immediately before the next presidential elections and up to the a de facto officer) and may be legally replaced by another end of his term. enfranchised citizenry is able to participate directly in the conduct of the government. by which the perform the functions of an office in the executive branch. as this would be an concurrence by the legislature. However. or to original. accidental or absolute. Such power. being discretionary in nature. The Civil Service Commission is authorized to recall an appointment initially approved in disregard of applicable provisions of the Civil This power is not exclusively presidential. other public ministers and consuls (3) Officers of the armed forces from the rank of colonel or naval Completing act of the appointment: captain Delivery of the commission (4) Those other officers whose appointments are vested in him by the Constitution (Constitutional Commissions) The only instance when an individual can be compelled to accept an --no need for confirmation-. Even if a person limited to approving or renewing) acting together. no unless revoked by the elected President within ninety days from successor has legally qualified to replace him his assumption or resumption of office (4) His appointees must possess the required qualifications. they can be ousted in appropriate judicial proceedings QUALIFICATION is understood in two senses— as an endowment and as an act. Limitations on the President’s appointing power (1) The spouse and relatives by consanguinity or affinity within the VACANCY exists when there is no person lawfully authorized to fourth civil degree of the President shall not during his tenure be assume and exercise at present the duties of the office. Also by constitutional Service Law and Regulations. It may be appointed as Members of the Constitutional Commission. or as Secretaries. without awaiting the approval The power of appointment is executive in nature and is vested by the of his appointment by the Commission. Proper qualifications may. the Constitutional Commissions. make an appointment complete. Undersecretaries. the appointing power exercised by the President requires term. Constitution in the President of the Philippines. he will concurrently but consecutively. and the Congress.

including government-owned or controlled service position is essential in order to make it fully effective. unless otherwise provided in the Constitution. the qualifications are Chapter 3 usually enumerated in an exclusive manner. shall not be designated to any agency De facto officer – those who discharge their duties “under color of a performing quasi-judicial or administrative functions. and until corporations or their subsidiaries. and. as to take an oath. Such delay only empowers the superior authority to prevent entry into the office at a later time on the ground that the same has  Who may prescribe qualifications been abandoned. QUALIFICATION AS AN ACT The term qualification is also interpreted as an act by which the public functionary formally commences the discharge of his official duties. like heads of bureaus and local elective officials. the right to the office is also automatically forfeited. Mere delay in qualifying does not result in automatic forfeiture of the office. hold any other office or employment during their tenure. Insofar as third persons are concerned. are laid down by law. ----------------------------------------------------------------------------------------------  Scope of qualifications When laid down by the Constitution itself. legal effect is also accorded to certain acts of a person whose title is presumptively *Mara Martinez* . on the date indicated by the Constitution or the law. unless otherwise allowed by law or by the primary function of his position. agency or Compliance with the legal requirements for an appointment to a civil instrumentality thereof. as in the case Qualifications may be prescribed by the Constitution or by of illness or unavoidable absence of the claimant to the office. or if no qualifications DE FACTO OFFICERS are prescribed therein. the legislature is not inhibited from prescribing additional qualifications. (2) May prescribe only general qualifications (3) Qualifications must be relevant to the office for which they are It is not only the acts of the lawful officer that are regarded as valid and prescribed binding. No person may be appointed to the Civil Service Commission if Qualifications are continuing requirements and must be possessed he was a candidate in the election immediately preceding his for the full duration of the incumbency. But if only minimum qualifications are required by the Constitution. usually the statute creating their offices. statute. The moment any of such appointment. no appointive official shall hold any other office or employment in the Government or any subdivision. Constitution. These qualifications may not be changed by private agreement. Members of the Supreme Court. The qualifications for statutory officers. an appointment has become a completed act. No Senator or Member of the House of Representatives shall In the cases of justices of the Supreme Court and the judges of be appointed to any office which may have been created or the inferior courts. because he was found not to have committed the offense imputed  Duration of qualifications to him) in criminal proceedings. file a bond or the like” Individuals who retain or re-acquire their Philippine citizenship notwithstanding their having been naturalized as citizens of a foreign country shall enjoy full civil and political rights. he no longer needs to apply for The prescribed qualifications should be possessed at the earliest reinstatement to his former position. it suffices if the qualifications are possessed not emoluments thereof increased during the term for which he was necessarily on the date of appointment or election but at the time of elected. Members of the Cabinet. No elective official shall be eligible for appointment or designation This is effected by the taking of an oath or the filing of a bond. or both in any capacity to any public office or position during his tenure in the case of certain officers. RATIONALE Limitations on the power of the legislature to prescribe qualifications The members of the public dealing with the government are not supposed to verify the credentials of every functionary exercising (1) May not reduce or increase the qualifications prescribed in an official functions. The qualifications for such officers as those of the qualification may be permitted even after the time set by law for the President and the Supreme Court are specified directly by the commencement of the term. and their deputies or assistants shall not. resolution of the protest against it. A defeated candidate may not be appointed or re-appointed to The reckoning point in determining the qualifications of an any office in the Government or any government-owned or appointee is the date of issuance of the appointment and not the controlled corporation or in any of its subsidiaries within one year date of its approval by the Civil Service Commission or the date of from the date of the election. precedent or requirement. If the delay can be validly explained. The President. qualifications is lost during tenure. assumption of office. Vice President. and of other courts established by law. known and valid appointment but have failed to conform to some condition. it would be precipitate to invoke the rule on security of tenure. They have the right to presume that he is the officer exclusive manner he assumes to be.

far as they involve the interests of the public and thirds persons. training and discipline of civil servants. instrumentalities. as to take the de jure officer upon recognition of the latter’s title. then the possessor thereof is not a de the Constitution. so far as the rights of third persons are concerned. unconstitutional law before the same is adjudged to such The authorized proceeding is quo warranto (or “by what authority”). including government-owned and controlled corporations with original charters. As long as the defect in the It is the government’s central personnel agency designated to set appointment or election is unknown to the public. where the duties of the office were exercised: However. or because there was a want of power jure officer in the discharge of official duties. office. The individual is bound to verify his title to an to induce people. that is. as a general rule. precedent or requirement. upon principles of policy and justice.” either by the Solicitor General in the name of the Republic or by any person de jure officer de facto officer claiming title to the office. The office must be actually held by the de facto officer if his acts complying with the following requirements: are to affect the public and third persons. because The de facto officer is subject to the same liabilities imposed on the de the officer was not eligible. without inquiry.  With proven capacity for public administration  Must not have been candidates for any elective position in the elections immediately preceding their appointment *Mara Martinez* . file a bond or the like (3) Under color of a known appointment or election. subdivisions. considered as valid and binding as if An officer de facto is one whose acts. an oath. He must also be holding over in good faith. in addition to whatever in the electing or appointing body. or assumption of office. Thus. utilization. the law. he may in fact be required to pay it back to conform to some condition. which is an action that may be brought against “a person who usurps. 1987 and the pertinent principles under the law of public officers. the de facto officer cannot claim a supposing him to be the officer he assumes to be salary and other compensation for services rendered by him as such. If (2) Under color of a known and valid appointment but have failed to he collected such salary. who reasonably appears to be the officer he assumes to be. lawful title to the office but has actually possesses the office not been able to take possession although he has an imperfect or of it or has been ousted only colorable title thereto ---------------------------------------------------------------------------------------------- de facto officer may ripen into intruder may grow into an officer officer de jure as where he de facto if his assumption of office CHAPTER 4 repairs his omission and takes is acquiesced in. defect being unknown to the public (4) Under color of an election or an appointment by or pursuant to a CHALLENGE TO A DE FACTO OFFICER public. But if what is defective is not the title to the The members of the Civil Service are regulated under Article IX-B of office but the office itself. or is not possessed of the necessary eligibility. and agencies of the Government. or by reason of some defect or special damages may be due from him because of his unlawful irregularity in its exercise. the de facto officer cannot benefit from his own status (1) Without a known appointment or election. void. although he really does not have valid title to the EFFECTS OF ACTS OF DE FACTO OFFICERS position he is holding. officer. the occupant of standards and to enforce the laws and rules governing the the office will have color of title and can be considered a de facto selection. thereby the required oath or post the The Civil Service acquiring color of title to the office needed bond in possession of the office and validly appointed to a position discharging its duties under the The CONSTITUTION provides for a Civil Service which “embraces all color of authority branches. are. if done within the scope and by the DEFINITION apparent authority of the office. (2) Color of title Color of title is derived from reputation or acquiescence or from THE CIVIL SERVICE COMMISSION an invalid appointment or election. want of power. the Administrative Code of facto officer.legitimate. (3) Physical possession of the office in good faith The Commission is composed of a Chairman and two Commissioners. he is a de facto officer. Any person who professes to act officially but does not occupy a public office  Natural-born citizens of the Philippines cannot be considered an officer de facto and his acts are  At least 35 years of age absolutely void. DISTINCTIONS intrudes into or unlawfully holds or exercises a public office. the Civil Service Decree. (de facto officer) The lawful acts of an officer de facto. will hold valid so possession thereof. but under such because public policy demands that unlawful assumption of public circumstances of reputation or acquiescence as were calculated office be discouraged. to submit to or invoke his action.” REQUISITES OF DE FACTO OFFICERSHIP GOCCs – organized under special law  Civil Service (1) De jure office – organized under Corporation Code  Labor Code If the person occupying a legitimate office was invalidly appointed or elected thereto. such ineligibility. though not those of a lawful he were the officer legally elected and qualified for the office and in full officer.

 The board and bar examinations are considered civil service examinations for the purposes of appointment to positions in the SCOPE career service involving knowledge of the respective professions. integrity. who do not fall under the non. Career Service Permanent Appointment Temporary Appointment  Characteristics Issued to a person who meets all Issued to a person who meets all the requirements for the position the requirements for the position (1) Entrance based on merit and fitness to which he is being appointment to which he is being appointed. government is in accordance with a special contract to efficiency. but can only be (4) Career officers. applicable. Positions in the Civil Service 1. grievances and cases involving government employees. whenever degree courses under certain conditions.  Government-owned or controlled corporations created by special  Appropriate civil service eligibility is also granted to summa cum law or given legislative charters and its subsidiaries and employees laude. other than those in the Career Executive terminated with just cause) Service. or subject to his pleasure.  Appointed by the President with the consent of the Commission on (2) Department Heads and other officials of Cabinet rank who Appointments for a term of seven years without reappointment hold positions at the pleasure of the President and their personal or confidential staff(s)  May be removed only by impeachment (3) Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff OBJECTIVES (4) Contractual personnel or those whose employment in the  Establish a career service and adopt measures to promote morale. whether performing governmental least a total of 7 years of efficient or proprietary functions. and fitness utilized for the career service Temporary appointment is given to a non-civil service eligible (2) Tenure which is limited to a period specified by law. service career service  Provisional appointment vs Temporary appointment (7) Permanent laborers. These may be either permanent or temporary. such as the Foreign Service Officers in the Department of Foreign Affairs May be granted the civil service eligibility that will qualify them for (5) Commissioned officers and enlisted men of the Armed permanent appointment to their Forces which shall maintain a separate merit system positions if already rendered at (6) Personnel of GOCCs. shall be followed in the resolution of complaints. semi-skilled. appointees to the career  Ensure that personnel functions shall be decentralized. subject to character may be replaced sooner if a technical in nature investigation and dropping for qualified civil service eligible unsatisfactory conduct or want of becomes available (no fixed (3) Positions in the Career Executive Service capacity tenure. responsiveness. or which is limited to the duration of a particular project for which purpose of employment was made Regular appointment Ad interim appointment  Scope Made during legislative session Made during the recess (1) Elective officials and their personal or confidential staff Made only after the nomination is Made before such confirmation confirmed by the Commission on *Mara Martinez* . or unskilled Provisional appointment is issued to a person who has not qualified in an appropriate examination but who otherwise meets the 2. who are appointed by the President. offices and appropriate examinations given by the Civil Service Commission agencies where such functions can be effectively performed and the different agencies. (2) Opportunity for advancement to higher career positions except the appropriate civil (3) Security of tenure service eligibility. whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there in not (1) Entrance on bases other than those of usual tests of merit appropriate register of eligible at the time of appointment. and the Bureau of Labor relations has original and exclusive authority to act APPOINTMENTS on all inter-union and intra-union conflicts  Appointments in the civil service shall be made only according to merit and fitness to be determined by competitive examination. Non-Career Service requirements for appointment to a regular position in the  Characteristics competitive service. magna cum laude and cum laude graduates of four-year  The Civil Service and labor laws and procedures. and institutionalize a management climate conducive to public ELIGIBILITY accountability  Subject to the constitutional exceptions. or without a definite tenure and is dependent upon the pleasure of the which is co-terminous with that of the appointing authority appointing power. whether skilled. progressiveness and courtesy undertake a specific work or job in the civil service (5) Emergency and seasonal personnel  Strengthen the merit and rewards system. integrate all human resources and development programs for all levels and ranks. delegating service must possess the requisite eligibility to be established at the corresponding authority to the departments. in the absence of appropriate eligible and it  Scope becomes necessary in the public (1) Open Career positions for appointment to which prior interest to fill a vacancy qualification in an appropriate examination is required Shall serve a probationary period Shall not exceed 12 months and (2) Closed Career positions which are scientific or highly of 6 months.

or upon the adjournment of the end of the term of the appointee transfer. reemployment. shall be entered in a list from which selection for reemployment shall be made PROMOTION Detail  Advancement from one position to another with increase in The movement of an employee from one agency to another without duties and responsibilities as authorized by law and usually the issuance of an appointment and shall be allowed. is prohibited merit promotion. counselling. from one position to another which is of equivalent rank. Congress demotion and separation Appointment is deemed “by. and Intended to prevent a hiatus in An appointment through certification to a position in the civil service so disapproved impliedly by. or to the Office of the expeditiously as possible in the best interest of the agency. performance evaluation. promotion. including appointment through certification. and the employee concerned heads of bureaus or offices. the Ombudsman. job  The relations covered by the prohibition extend to the third degree rotation. may be reinstated to a position in the same level for which he is term lasts as long as confidence in them endures qualified (c) Highly technical position Reemployment Requires the appointee to possess technical skill or training in Names of persons who have been appointed permanently to the supreme or superior degree positions in the career service and who have been separated as a result of reduction in force and/ or reorganization. if not appointed. status or salary preference in the promotion when the position immediately above Demotion his is vacated. Undersecretaries. the the discharge of official duties is issued to a person who has been selected from a list of qualified Commission persons certified by the Commission from an appropriate register Permanent appointment of eligibles  Transfer  Exceptions from the requirement for competitive examinations A transfer is a movement. in-service training.  Increase in salary should only be considered incidental but not technical and scientific positions (appealable to the Commission determinative of promotion and executory.  Certification passed” through inaction of. be disciplined if they violate their public trust and fail (d) Members of the Armed Forces of the Philippines to serve with utmost responsibility.Appointments OTHER PERSONNEL ACTIONS Shall cease to be valid if Once confirmed by the disapproved by the Commission  Any action denoting the movement or progress of personnel in the Commission. They (c) Physicians may. each department or agency is required to develop a career and  Nepotism. suggestions and awards system. provided that such reassignment shall  Next in rank rule – the person next in rank shall be given not involve a reduction in rank. reassignment. and not merely Denotes close intimacy which ensures freedom of intercourse designated. detail. and efficiency  Charges of nepotism must be duly proved and act with patriotism and justice. enjoy security of tenure and may not be suspended or dismissed except for cause as provided by law. initially to the department head PERSONNEL DEVELOPMENT NEPOTISM  To improve the attitude and competence of the civil service. been separated therefrom. reinstatement. chairmen or government as a whole. only for a accompanied by increase in pay limited period in the case of employees occupying professional. the spouse and relatives by consanguinity or affinity within the fourth civil degree of the  Employees shall have the right to present their complaints or President shall not during his tenure be appointed as Members of grievances to management and have them adjudicated as the Constitutional Commissions. recreation and similar services  As provided in the Constitution. or favouritism toward relatives by the appointing personnel development plan which shall contain provisions for authority. integrity. welfare. the appointing authority must specify the “special reason or reasons” for not appointing the The movement from one position to another involving the issuance officer next-in-rank of an appointment with diminution in duties. betrayals of personal trust or confidential matters of state. responsibilities. requiring prior appointment. such as that of a department head Reinstatement (b) Primarily confidential position Any person who has been permanently appointed. to a position in the career service and who has. unless otherwise ordered. however. primarily confidential and highly (b) Teachers technical positions. *Mara Martinez* . if done without just cause) written reasons given by the appointing authority for his by-passing may appeal. or as Secretaries. status or rank which may or may not involve reduction in salary  A qualified next-in-rank employee who is not satisfied with the (tantamount to removal. and such other plans for of consanguinity or affinity employees’ health. without embarrassment or freedom from misgivings or through no delinquency or misconduct. loyalty. level or salary (a) Policy-determining position without break in service involving the issuance of an appointment One charged with the laying down of principal or fundamental (appealable to the Commission) guidelines or rules. including those (a) Persons employed in a confidential capacity appointed to policy-determining. pending appeal  Generally made according to a merit promotion plan and a Reassignment performance evaluation system established and implemented by An employee may be reassigned from one organizational unit to each department or agency another in the same agency. continues until the civil service. including GOCCs and their subsidiaries DISCIPLINE  Exceptions to the nepotism rule:  Officers and employees in the Civil Service. and lead modest lives.

Continuous hearings shall be held on dates agreed upon during School Teachers. or group of officials to conduct the investigation. or fine in an amount exceeding material facts. Preliminary investigation to determine whether or not a prima facie case exists to warrant the issuance of a formal charge  Neglect of duty  Includes ex parte examination of records and documents. (4) neglect affecting employees in the civil service are within the exclusive in the performance of duty. of the formal charge agency. demotion in rank or salary transfer. without 7. among others. any distinction with respect to the manner of their creation. or (5) if there are reasons to jurisdiction of the Civil Service Commission.  Such order may be issued if the charge involves (1)  Disciplinary cases and cases involving “personnel actions” dishonesty. cities and municipalities shall have jurisdiction to within 30 days thereafter investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. simplification of issues  RA No. Filing of the complaint Among the grounds for the discipline of members of the Civil Service 2. respondent may be Graft and Corruption. Pre-hearing conference may be conducted for the purpose of. official. the complaint shall be to the department and finally to the Commission and pending dismissed appeal. A decision rendered by heads of agencies providing for a penalty Exceptions: of suspension of not more than 30 days or a fine in an amount not exceeding 30 days’ salary shall be final and executor  In cases initiated by the proper disciplining authority. and  Misconduct opportunity for the parties to submit affidavits and counter-  Disgraceful and immoral conduct affidavits  Incompetence in the performance of duty  Failure of the respondent to submit his counter-affidavit is  Gross negligence tantamount to a waiver of said right  A conference may be held by the investigator to propound clarificatory and other relevant questions Jurisdiction  Investigation shall commence within 5 days from receipt of the  The Secretaries and heads of agencies and instrumentalities. which is the sole believe that the respondent s guilty of the charges which arbiter of controversies relating to the civil service. Formal investigation shall be held not earlier than 5 days nor form or manner against presidential appointees in the executive later than 10 days from receipt of respondent’s answer department of the government. Proper through a petition for review within 15 days from  The Commission shall decide upon appeal all administrative receipt of said decision disciplinary cases involving the imposition of a penalty of  Includes the specification of the charge(s). *Mara Martinez* . otherwise known as the Magna Carta for Public 8.Grounds 1. the same may be initially appealed  In the absence of prima facie case. the complaint need not be under oath. would warrant his removal from the service  Executive Order No. (3) grave misconduct. complaint by the disciplining authority and shall be terminated provinces. 151. and copies of documentary evidence 30 days’ salary. Their decision shall  Investigation report is required to be submitted within 5 days be final in case the penalty imposed is suspension for not more from such termination than 30 days or fine in an amount not exceeding 30 days’ salary. in which case the same shall be executory only after complaint for lack of prima facie case before the Commission confirmation by the Secretary concerned. removal or dismissal from office. directors or trustees.  The period may be extended by the disciplining authority in  The Sandiganbayan has exclusive original jurisdiction over meritorious cases presidents. Such jurisdiction extends to non-presidential appointees who may have  It shall be finished within 30 days from the issuance of the acted in conspiracy or who may have been involved with a formal charge or the receipt of the answer presidential appointee. providing for a stipulation of facts and the whenever charges of graft and corruption are involved. General rule: A complaint against a civil service official or employee and a fourth motion may be granted subject to the discretion shall not be given due course unless it is in writing and subscribed and of the disciplining authority sworn to by the complainant. exercises jurisdiction to investigate all reassigned to other units of the agency during formal hearings administrative complaints involving graft and corruption filed in any 6. parties shall be given notice of at least 5 days before the first scheduled hearing Procedure  Only 3 written motions for postponements shall be allowed. the same shall be executor except when the penalty is  A complainant may elevate the decision dismissing a removal. 4670. including those in GOCCs. Formal charge shall be issued if a prima facie case is  In case the decision rendered by a bureau or office head is established during preliminary investigation appealable to the Commission. covers and governs administrative proceedings the preliminary conference involving public school teachers. statement of suspension for more than 30 days. or managers of GOCCs. or the Presidential Commission Against  In lieu of preventive suspension. Filing of Counter-Affidavit/ Comment of the respondent under are: oath within three days from receipt  Dishonesty 3. (2) oppression. 4. An order of preventive suspension may be issued upon service may hear and decide the case or it may deputize any department.  If the fine imposed is suspension for more than 30 days or a fine in an amount exceeding 30 days’ salary. it shall be final  An anonymous complaint shall be entertained only when there is and excutory only after the lapse of the 15-day period for the obvious truth or merit to the allegations therein or supported by filing of a motion for reconsideration or appeal documentary or direct evidence.  If there was no preliminary conference.  Failure to submit an answer within 5 days from receipt of formal charge shall be considered a waiver of right to do so  A complaint may be filed directly with the Commission by a private citizen against a government official or employee in which case it 5. 9.

Preventive suspension pending investigation  Government employees’ organizations shall register with the 2. the case shall be dismissed and the respondent reinstated with back salaries and benefits if preventively suspended. Any doubt on this matter shall be resolved in favour of the file a petition for review under Rule 43 of the Rules of Court within public and against the exercise of the authority claimed. except where he may be regarded as a de facto administratively liable for acts not alleged in the formal charges.” This authority is conferred upon him either by the Constitution itself or by statute. as policy-making or managerial or whose duties are of a highly  Two kinds of preventive suspension of civil service employees: confidential nature shall not be eligible to join the organization of rank-and-file government employees. any act performed by him after such term will be exoneration.  Only one motion for reconsideration shall be allowed. not stage strikes. Likewise. aggravating or alternative circumstances limits of his authority and that any act performed outside that area will may be considered. the The public officer may exercise his powers only within the territorial extenuating. Authority of the Public Officer provided that it shall not extend beyond 90 days in the event that several administrative cases are filed against him  The respondent may move for the reconsideration of the order of preventive suspension against him. Preventive Suspension  High level employees whose functions are not normally considered  Preventive suspension is not a penalty in itself. officer. 15 days from notice of the resolution. the date Such an officer is regarded as de jure and all his acts have the stamped thereon by the proper office.  An appeal shall not stop the decision from being executory. 1. mitigating. suspension has not been finally decided within the period of 90 days. preliminary injunction to secure the rights of the respondent pending appeal of his dismissal. guilt.  The public officer may exercise his authority only during his term or  Being found liable for a lesser offense is not equivalent to office. and only on any of the following grounds: (a) Discovery of new evidence which materially affects the decision rendered RIGHT TO SELF-ORGANIZATION (b) Decision is not supported by the evidence on record  All government employees. WHERE EXERCISED  In the determination of the penalties to be imposed.  An appointment made by the President to fill an anticipated vacancy occurring after his term will be invalid even if the Appeal appointment itself was made during his term. The AUTHORITY OF THE PUBLIC OFFICER is derived from the people themselves conformably to the constitutional principle that “the Philippines is a republican state. including those in GOCCs. except (c) Errors of law members of the AFP. with the support of the majority  An order of preventive suspension need not be preceded by a prior of the employees in their respective organizational units. adversely affects the civil service. he shall be automatically reinstated in the service. Sovereignty resides in the people and Decision all government authority emanates from them. join or assist employees’ organizations of their own choosing for the furtherance and protection of their interests. firemen and jail guards. policemen. police officers. unless otherwise provided by special law. the necessary to the exercise of the power expressly granted are Court of Appeals has the discretion to issue an ancillary writ of deemed impliedly granted.  If the charges are not proved by a preponderance of evidence. can form. the preventive suspension of a local elective official shall not extend beyond 60 days. an employee cannot be found considered invalid. in case of personal delivery. and in case the penalty is suspension or removal. shall be notice and hearing since it is merely a preliminary step in an entitled to be designated as the sole and exclusive representatives administrative investigation and it is not the final determination of of the employees. records of the case and.  An appeal sent by mail shall be deemed filed on the date shown by  Where an officer is authorized to hold over.  Decisions. the respondent shall be considered as having been under preventive suspension during the WHEN EXERCISED pendency of the appeal in the event he wins the appeal. however. they  When the case against an officer or employee under preventive may. his acts continue to be the postmark on the envelope which shall be attached to the valid until his successor is duly chosen and subsequently qualifies. The remedy of an aggrieved  Representative government is a government of limited party from a resolution issued by the Civil Service Commission is to powers. order or rulings of the Commission may be brought to HOW EXERCISED the Supreme Court on certiorari by the aggrieved party within 30 days from receipt of a copy thereof. o If the delay was due to the fault of the respondent.  Although civil servants are now given the right to organize. be null and void. Preventive suspension pending appeal Commission and the DOLE which. Hence. same legal efficacy as of those performed by him before the  The Commission has the standing to appeal a decision which expiration of his fixed term. Where a general power is conferred or *Mara Martinez* . this should not be included in the counting of the 90 calendar days ---------------------------------------------------------------------------------------------- o Maternity/ paternity leave is considered as interruption in the counting of the 90 calendar days CHAPTER 5 o Under the Local Government Code.  The doctrine of necessary implication provides that all powers  Having appellate jurisdiction over decisions of the Commission.

directly or indirectly practice any other profession. No Senator or Member of the House of Representatives may hold  The officer is allowed much leeway in arriving at a decision as any other office or employment in the Government. No officer or employee in the civil service shall engage. No Senator or Member of the House of Representatives may delegate it to another.  No particular qualification is required for the discharge of this kind of duty because the law itself defines with precision the 7. or in any 2. Thus. or instrumentalities. or its subsidiary. or any subdivision. there results what is management or control of any business which. in any electioneering or partisan political campaign. This in its discharge. may be known as a grave abuse of discretion. nor accept without the consent of Congress any present emolument. These powers should not be extended by that the latter denotes the lack of a needed eligibility for a certain implication beyond what may be necessary for their just and office. tenure. or in any franchise. their subsidiaries.  As long as the public officer is authorized and even if not. be interested substitute another in his place has been given to him. mode and inhibition applies as well to the Ombudsman and his Deputies. during said tenure. may be ratified. matter one way or the other and be right either way. directly or indirectly. during his term without forfeiting his seat. or quasi-judicial and other administrative that judgment and discretion. privilege granted by the Government. *Mara Martinez* .  An officer to whom a discretion is entrusted cannot 4. no appointive official shall hold any other office or employment in the Government or any subdivision. If these are not employed in the tenure. the presumption being that he was personally appear as counsel before any court of justice or before chosen because he was deemed fit and competent to exercise the Electoral Tribunals. Neither shall he discharge of the duty. Government for his pecuniary benefit or where he may be called  Discretion is not totally unlimited. his acts will be regarded as CONSTITUTIONAL INHIBITIONS valid. the ministerial duty in any capacity to any public office or position during his tenure. No elective official shall be eligible for appointment or designation occasion and manner of its exercise. Discretionary (general action) agency or instrumentality thereof. which may be asserted by the national legislature despite the absence of constitutional vesture. 6. office. during his term of office. The President and Vice President shall not receive during their tenure any other emolument from the Government or any other  Even if not previously authorized. hold any other office or employment. the Members of the Cabinet. duly enjoined. Vice President. agency. reasonable execution. including GOCCs or their subsidiaries. directly or indirectly. Neither shall he. 8. or with disregard of rights. his decision not to act cannot be the subject of a He shall not intervene in any matter before any office of the judicial reversal. No member of a Constitutional Commission shall. or instrumentality thereof. can be compelled by judicial action. agency. qualities that justified its conferment—the judgment and good 5. or special privilege granted by the Government or any subdivision. They shall strictly avoid conflict of interest in the how and when it is to be performed and to decide this conduct of their office. unless otherwise provided in  Where the act was not authorized. or in any franchise or special cannot delegate his duties to another. double. or be KINDS OF DUTIES financially interested in any contract with. Inhibitions  The claim of power may also be justified on the ground that the power is inherent. or any the duty is conferred on him in recognition of his good sense or subdivision. agency or instrumentality thereof. and unless the power to bodies. during his sense of the delegate. in any way. in exercise thereof. including any government-owned or  If he has been given the discretion to act or not to act upon a controlled corporation. certain matter. Ministerial (specific action) franchise or privilege granted by the Government. 1. prescribing and defining the time. 1. including government-  The duty is ministerial when the officer is given little latitude owned or controlled corporations or their subsidiaries. An example is the police power. it is the exclusive the Constitution. in any contract with. They shall not. It is restricted by the very upon to act on account of his office. any of its subdivisions. It differs from expressly granted to him and those necessarily implied in the disqualification. although the two terms are used interchangeably. Unless otherwise allowed by law or by the primary functions of his position. or instrumentality thereof. which may be affected by the functions of his office. the act may still be considered source. nor shall he be financially corrected in appropriate judicial proceedings. or indirect compensation. directly or indirectly. valid if it is subsequently ratified by the government. Inhibitions are prescribed either by the Constitution or by statute and EFFECT OF EXERCISE may be general or specific in their application. 2. hold any other office or employment during their responsibility of the public officer who committed it. and their deputies or assistants shall not. or title of any kind from any foreign government. interested. he financially in any contract with. unless specifically authorized ---------------------------------------------------------------------------------------------- by law. An INHIBITION is a restraint upon the public officer against the doing  An administrative officer has only such powers as are of certain acts which may legally be done by others. The President. participate in any business. every particular power necessary for the exercise of CHAPTER 6 the one or the performance of the other is also conferred. Such acts will produce legal effect and be considered binding upon the government itself as the principal of the public officer. agencies. including GOCCs or judgment. or indirect compensation. No elective or appointive public officer or employee shall receive additional. occasion of its performance with such certainty that nothing is left for judgment or discretion. including GOCCs or their  The duty is discretionary if the officer is allowed to determine subsidiaries. and not absolutely invalid acts. provided he is a de facto officer. 3. or if the duty was performed arbitrarily or engage in the practice of any profession or in the active capriciously. Pension or gratuities shall not be considered as additional. Only voidable acts.

to which no compensation is profession or in the active management or control of any business attached and where the incumbent is prepared and willing to serve which in any way will be affected by the functions of their office. A judge may. position:  No Senator or Member of the House of Representatives shall be (a) Those sentenced by final judgment for an offense involving appointed to any office which may have been created or the moral turpitude or for an offense punishable by 1 year or more emoluments thereof increased during the term for which he was for imprisonment. or of the appointing or recommending fourth civil degree of the President shall not during his tenure be authority. administrator. the Vice-President. including GOCCs. or of the chief of the bureau of office. during their tenure. creditor or otherwise. legatee. allegiance to the Republic  Appointees to the Constitutional Commissions must not have been (d) Those with dual citizenship candidates for any elective position in the elections immediately (e) Fugitives from justice in criminal or non-political cases here or preceding their appointment. including GOCCs and  The following are disqualified from running for any elective local their subsidiaries. To attract competent men to the government service disqualify himself from sitting in a case. or in any franchise or privilege granted by the *Mara Martinez* . a member of the Cabinet. assistant secretary or  Sanctions for the violation of the inhibition will depend upon the law other appointive official of the Executive Department may hold not imposing it or implementing the constitutional restriction. signed by them and entered upon Purposes of compensation and perquisites the record. fee or any other public charge. 4.9. in the exercise of his sound discretion. or in which he is related to either party within the sixth CHAPTER 7 degree of consanguinity or affinity. Any such purchase shall be void. or in which he has been presided in any inferior court when his ruling or decision is the subject of review. councils or bodies of which the President is the Chairman. or any of its subdivisions. 2. the of securing changes in the terms and conditions of employment. or to counsel within the fourth degree. is pecuniarily interested as heir. directly or indirectly. government-owned or controlled bank or financial institution to the  Civil servants shall not strike against the Government as a means President. including GOCCs or their subsidiaries. trustee or counsel. undersecretary. SALARY  The Chairman and the Members of the Commission on Human Rights shall not. shall they be financially interested. agencies. by any instrumentalities. the Supreme Court. guardian. OTHER DISQUALIFICATIONS  All appointments in the national. computed according to the rules of the civil law. for just or valid reasons other than those mentioned above. To pay and to reward the public officer for the loyalty and dedicated service  No Chairman or commissioner of the COMELEC shall sit in any case in which he has manifested bias or prejudice or antagonism against any party thereto and in connection therewith. city and municipal CONSTITUTIONAL DISQUALIFICATIONS governments or in any branch or instrumentality thereof. Neither shall they engage in the practice of any such a thing as an honorary office. chairmen or heads of bureaus or offices. (b) Those removed from office as a result of an administrative  The members of the Supreme Court and of other courts case established by law shall not be designated to any agency (c) Those convicted by final judgment for violating the oath of performing quasi-judicial or administrative functions. in any contract with. and the Constitutional Commissions. Office of the Ombudsman. or his wife or child. No loan. or of the person appointed as Members of the Constitutional Commissions. 1. or as Secretaries. more than two positions in the government and government corporations and receive the corresponding compensation therefor: Provided. or in which Salary and Perquisites he has been executor. guaranty. or to boards. Congress. hold any other office or Salary is not an essential element of a public office. provincial. or the exercising immediate supervision over him. To lend the necessary prestige to the office the Office of the Solicitor General shall engage in private practice as a member of the bar or give professional advice to clients. during their tenure. or other form of financial accommodation for government. within 2 years after serving sentence elected. Undersecretaries. abroad (f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the OTHER INHIBITIONS same right after the effectivity of the Local Government Code  No officer or employee of the government shall purchase directly or (g) The insane or feeble-minded indirectly any property sold by the government for non-payment of any tax. EFFECTS OF VIOLATION  Even if allowed by law or by the primary functions of his position. there is employment. In fact. made in favour of a relative within the third degree of  The spouse and relatives by consanguinity or affinity within the consanguinity or affinity. that this limitation shall not apply to ad hoc bodies or committees. or to any firm or entity in which they have controlling interest. or in any case in which he would be disqualified under the Rules of Court. the Members of the Cabinet. nor gratis. without the written consent of all parties in interest. ----------------------------------------------------------------------------------------------  No judge or judicial officer shall sit in any case in which he. or any business purpose may be granted. are prohibited. the Ombudsman. To lessen the temptation for graft as there would be little need for the public officer to augment his income through illegal methods  No judge or other official or employee of the superior courts or of 3. directly or indirectly.

SALARY AND DUE PROCESS Even as the salary may be increased. garnishment or assignment of term of all the Members of the Senate and the House of the salary of a public officer not only because such salary still belongs Representatives.SOURCE OF SALARY from the date of deprivation. Officers and employees of the government enjoy life insurance benefits (5) The salaries of the Ombudsman and his Deputies. To be valid. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which shall increase was approved. the public functionary is given vacation. he is entitled to payment of the salaries corresponding to the period of his preventive suspension. the balance being deducted from the salary of the insured. the law should have prospective Retirement is compulsory for any member of the GSIS holding a effect only. A claim for back salaries cannot stand by The salary of a public officer may be provided by the Constitution or by itself. Such salaries are he no longer has the stamina to continue earning his livelihood. sick and. Where a public officer under investigation or prosecution is preventively suspended but subsequently exonerated. The constitutional limitations on the power of the legislature to alter salaries are the following: (1) The salaries of Senators and Members of the House of Representatives shall be determined by law. The remain in the government service for at least one year from the date of coverage may also be included upon recommendation of their exception is where he had acted in good faith and there is no officer de employees. In the case of the de jure officer who has been unlawfully prevented from assuming the office. No increase in said PROHIBITED DISPOSITION OF SALARY compensation shall take effect until after the expiration of the full Public policy prohibits the attachment. in effect.” from the date of actual commencement of the discharge of official duties. are covered the same as those provided for the Chairmen and Members. it may also be reduced and. Part of the premium in compulsory insurance is paid by the government. fixed by law. determined by law and shall not be decreased during their tenure. to the state as long as it has not yet been actually collected by the (2) The salaries of the President and the Vice President shall be public officer. of the Constitutional Commissions. It must be coupled with a claim for reinstatement. the right to recover accruing *Mara Martinez* . shall not be decreased during their term of office. the functionary who is prejudiced as a result cannot Retirement benefits are given to government employees. (4) The salary of the Chairman and the Commissioners of the INSURANCE Constitutional Commissions shall be fixed by law and shall not be decreased during their tenure. altogether be abolished in the discretion of the law-making body. and (c) the last 3 years of such service have been continuous. RIGHT TO SALARY The right to salary is based on the right to the office itself and accrues Per diems are excluded in the definition of “compensation. During their continuance in office. Other functionaries who have been respectively. Claims for statute. Retirement laws are liberally interpreted in favour of the No reduction or abolition of salary can operate retroactively to retiree to provide for his sustenance and hopefully even comfort when affect salaries already earned or accrued. their salary shall not be decreased. to complain. Permanent and regular appointees. which shall be administered by the Government Service Insurance System (GSIS). regular and permanent appointment if: (a) he has attained the age of 65 years. jure claiming the office. maternity leave privileges. Other employees expected to The de facto officer cannot himself benefit from his status and so is not allowed as a rule to collect salaries for services rendered. reward them for giving the best years of their lives to the service of their country. and elective officers. (b) rendered at least 15 years of service to the government. regarded as vested property rights and such will come under the protection of due process. and of the judges of the lower courts shall be in the case of women. the Supreme Court. to cover salaries yet to be earned. Back salaries are also payable to an officer illegally dismissed or otherwise unjustly deprived of his office. the salary accrues to him from the date of the deprivation of the office. An employee who is reinstated to his former position but who has pending administrative and criminal charges against him may only be LIMITATIONS paid his back salaries when he is absolved of the charges. by compulsory insurance. appointed for at least two months may avail themselves of optional insurance. in fact. RETIREMENT In the latter event. LEAVES (3) The salary of the Chief Justice and of the Associate Justices of In addition to salary. back salaries are subject to the prescriptive period of 1 year. MEDICARE All employees covered by GSIS are also automatically and compulsory covered by the Philippine Medicare Act.