PART I CHAPTER ONE PAGE 9 - CREATION OF PUBLIC OFFICE [C-S-TB-

DEFINITION, DISTINCTIONS AND CLASSIFICATIONS CongPre]

PAGE 1 OFFICE – The incumbent is selected by appointment GENERALLY
By the CONSTITUTION, STATUTE, TRIBUNAL
or by election, and whether he is appointed during the pleasure
BODY.
of the appointing power or for a fixed term. By the Congress
PAGE 1 PUBLIC OFFICE – is the right, authority, and duty Exigencies of government it is necessary to create
created and conferred by law, by which for a given period, and define duties.
either fixed by law or enduring at the pleasure of the appointing An office created by the legislature is wholly within the
power, and individual is invested with some portion of the power of the body. Can fit and abolish the office.
sovereign functions of the government, to be exercised by him By the PRESIDENT
Bureaus, agencies or office in executive department.
for benefit of the public.
PAGE 10 MODIFICATIONS OR ABOLITION OF PUBLIC
PAGE 1 PURPOSE AND NATURE OF PUBLIC OFFICES. OFFICE [CO-CO]
PAGE 2 PUBLIC TRUST OFFICE CREATED BY THE CONGRESS
-Holders regards as public servants The power to create an office generally includes the
-Holders subject to highest standards of accountability and power to modify or abolish it.
service The power is inherently legislative.
Power to fix the number of positions and the salaries
or emoluments of the holders thereof and to provide
Public office is a public trust. Public officers and employees
funds for the offices created.
must at all times be accountable to the people, serve them with OFFICES CREATED BY THE CONSTITUTION
the utmost responsibility, integrity, loyalty and efficiency, act Constitutional offices may be modified or abolished by
with patriotism and justice, and lead modest lives. the people through a constitutional provision.
PAGE 3 NOT PROPERTY PAGE 11 EXERCISES OF SOVEREIGN POWERS AND
-Holder subject to removal or suspension according to law FUNCTION.[P-O-E-A]
One of the most important criteria of public office
-Holder without vested right in any public office.
exercise some portion of the sovereign power of the
-Holder’s right in nature of privilege entitled to protection. State
-Holder’s right personal to him. Authority conferred by law
Extent of authority not material.
Public office is not property of the office holder within the Presumption of regularity of official acts.
meaning and contemplation of the due process requirements PAGE 11 TENURE AND DURATION [E-C-P]
of the constitution. Existence of definite tenure not material
The duration of tenure need not be for a fixed period,
but may be at the pleasure of the appointing power.
NOT A CONTRACT Continuance of office holder not material.
-Created no contractual relation between holder and the Permanence of office not material.
public. PAGE 12 MEANING OF OFFICER/PUBLIC [O-E]
-Exists by virtue of some law. 1. Officer - required by law to be elected or appointed who a
-Generally entitles holder to compensation designation or title has given to him by law, and who exercises
functions concerning the public, assigned to him by law.
2. Employee any person in the service of the government.
PUBLIC OFFICE PUBLIC CONTRACT (Not a clerk)
PAGE 13 - OFFICER AND EMPLOYEE DISTINGUISHED
Creation incident of originates from the will of the [PO-RPC]
sovereignty contracting parties In the law of public officer greater importance,
dignity, and independence of his positions.
Its object carry’s out Obligation only upon Under the Revised Penal Code.
sovereign as well persons who entered the PAGE 14 - MEANING OF PUBLIC OFFICIAL
same. An officer of the Government itself, as distinguished
As governmental function from the officers and employees of instrumentalities of
affecting government.
Person PAGE 14 – CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC
Embraces the idea of Limited In its duration and OFFICERS
tenure, duration specific in its object and As to nature of functions: (Co-M)
continuity, and the duties Its Terms define and limit the Civil office — It covers any kind of a public office,
connected rights and obligations whether executive, legislative, or judicial.
Therewith are generally parties and neither without Military office
continuing consent of each party As to creation: (CS)
and permanent Constitutional office
*Public Office is public employment, but not all public Statutory office
employment is a public office As to the department of government to which it
PUBLIC PUBLIC belongs: (L-E-J)
OFFICE EMPLOYMENT Legislative office
Created by law, Created not by forced of law but by Executive office
with duties contact of Employment Judicial office
Cast upon the As to branch of government served: (NAT-LOC)
incumbent with National office
Involve the Local office
exercise of As to whether exercise of discretion is required:
Sovereign (QJO- MinOff)
power Quasi-judicial office
Ministerial office
PAGE 8 - ESSENTIAL ELEMENTS OF PUBLIC OFFICERS
As to compensation:
C-AE-PF-Du-CP
Lucrative office, office of profit, or office coupled with
By the CONSTITUTION or by LAW.
an interest. It includes any office to which salary,
AUTHORITY and EXERCISE of sovereign power.
compensation or fees are attached.
POWER and FUNCTION are defined by the
Honorary office no compensation.
Constitution.
ELIGIBILITYAND QUALIFICATION
The DUTIES pertaining are performed independently,
without control of superior power other than law.
Meaning of eligibility/eligible/ineligibility/ineligible
CONTINUITY and PERMANENCY

Eligibility
The state or quality of being legally fitted or qualified
to be chosen
Eligibility to a public office is of a continuing nature
and must exist both at the commencement and during
the occupancy of an office.
Eligible
1. Means legally fitted or qualified to hold an office.
Ineligibility
Refers to the lack of qualification prescribed by the
Constitution or applicable laws for holding an office.
Ineligible
Legally or otherwise disqualified to hold an office
Disqualified to be elected to an office
Disqualified to hold an office, if elected or appointed
to it
Meaning of qualification
May refer to the endowment and accomplishment that
fits one for office
May refer to an act which a person, before entering
the performance of his duties, is, by the law, required
to do, such as the taking, and often, of subscribing
and taking of an official oath, and, in some cases, the
giving of an official bond
Nature of right to hold public office
Not a natural right – To hold a public office, one must
be eligible and possess the qualifications prescribed
by the Constitution.
Not a constitutional right – There is no constitutional
right to run for office or hold elected office. Rather, it is
a political privilege which depends upon the favor of
the people for the public good.
Powers of Congress to prescribe qualifications
1. In General - Congress is generally empowered to
prescribe the qualifications for holding public office,
provided it does not exceed thereby its constitutional
powers or impose conditions of eligibility inconsistent
with constitutional provisions.
Where office created by Congress - body can deal
with the subject of qualification and disqualification,
provided that in so doing it does not impinge upon an
express provision of the Constitution.
Where office created by the Constitution - General
rule is that where the Constitution establishes specific
eligibility requirements for a particular constitutional
office, the constitutional criteria are exclusive.
Where qualifications prescribed by the Constitution -
not self-executing
Power of Congress to prescribe disqualifications
Congress may not add disqualifications where the
Constitution has provided them in such a way as to
indicate an intention that the disqualifications provided
shall embrace all that are to be permitted
Moreover, when the Constitution has attached a
disqualification to the holding of any office, Congress
cannot remove it under the power to prescribe
qualifications as to such offices as it may create
Act adds grounds of disqualifications of a SC justice
 The subject Act added grounds of disqualifications,
SC prohibits certain Justices from fulfilling the power
and duty given by the Constitution.
 The Act disqualified a majority of the constitutional
component members of the Supreme Court. Thus, it
deprives it of its jurisdiction established by the
Constitution.
 The designees would not have been consented to by
the Commission on Appointments; thus, the
appointment would not comply with the Constitution
 Temporary composition of the SC not authorized by
the Constitution since the Supreme Court is one of
the permanent institutions of the government.
 Method of appointment of a SC justice provided by
the Constitution is mandatory and binding upon all
departments of government.
Construction of restrictions on eligibility
Presumption in favor of ineligibility – There is a
presumption in favor of the eligibility of one who has
been elected or appointed to public office.
Basis of presumption – A strong public policy exists in
favor of eligibility to public office.
Rule of liberal construction – The right to public office
should be strictly construed against ineligibility.
General Rule: The right of a citizen to hold
office
Exception: A citizen may not be deprived of
this right without proof of some
disqualification specifically declared by law.
Time of possession of qualifications
Where the time specified by the Constitution or law –
The Constitution or law may, expressly or by
necessary implication, specify the time when the
required eligibility must exist. The candidate must
possess the necessary qualifications at that time of
the election.
Where Constitution or law is silent – It is necessary
for the courts to have recourse to some other means
of determining the matter.
1. When qualification must always exist – The candidate
or appointee may have been qualified at the time of
his election or appointment is not sufficient to entitle
him to hold the office.
Removal of disqualification during term
 Courts have not agreed as to the effect of removal by
an office-holder of his disqualifications after the
commencement of term of office and during its
continuance
Particular Qualifications and Disqualifications
Citizenship
Age
The right of suffrage
Residence
Education
Ability to read and write
Political affiliation
Civil service examinations
Religious qualification prohibited
 Religious beliefs and opinions cannot be made a test
of political right and privilege
 No state interest can be discerned which would justify
the burden upon the free exercise of religion imposed
by the restriction
 Our Constitution expressly provides that no religious
test shall be required for the exercise of civil and
political rights
o Religious test- is one demanding the avowal or
repudiation of certain religious beliefs before the
performance of any act
Power of Congress to impose property qualifications
1. View that law constitutional – The view has taken that
unless inhibited by the Constitution, a legislature has
the power to impose property qualifications upon
office holders. A certain public officers be resident
property owners does not transgress the
constitutional guarantees of due process and equal
protection.
1. View that law unconstitutional – In a case, The
Supreme Court stated the property qualifications are
inconsistent with the essence and nature of the
republican system ordained in our Constitution and
the principles of social justice underlying the same.
Power of congress to impose property qualifications
View that law constitutional- a legislature has the
power to impose qualifications upon the office
 holders.
View that law unconstitutional- there is no rational
connections between qualifications for administering
public affairs and ownership of realk property.
Qualifications prescribed by the constitution for certain
officers
2. President and Vice President
Natural born citizen
Registered voter
Able to read and write
Atleast 40 years of age on the day of election
Resident of the Philippines for at least 10 years
immediately preceding the election.
3. Senators
Natural born citizen
Registered voter
Able to read and write
Atleast 35 years of age on the day of election
Resident of the Philippines for anot less that 2
years immediately preceding the election.
4. Members of the House
 Natural born citizen
 Registered voter in the district for which he
shall be elected except in cases of partylist,
and a Resident thereof for at least 1 year
immediately preceding the election.
 Able to read and write
 Atleast 25 years of age on the day of election
4. Members of the supreme court and lower collegiate
court
Natural born citizen
Registered voter
Atleast 40 years of age
Mustr have been for 15 years or more a judge of the
lower court or engage in the practice of law
Of proven competence probity integrity and
independence.
5. Chairman and commissioners of the civil service
commissions
composed of a Chairman and two
Commissioners
who shall be natural-born citizens of the
Philippines and,
at the time of their appointment, at least thirty-five
years of age,
with proven capacity for public administration,
and must not have been candidates for any
elective position in the elections immediately
preceding their appointment.
6. Commission on Audit
natural-born citizens of the Philippines
at the time of their appointment, at least thirty-five
years of age,
Certified Public Accountants with not less than
ten years of auditing experience, or
members of the Philippine Bar who have
been engaged in the practice of law for at
least ten years,
and must not have been candidates for any
elective position in the elections immediately
preceding their appointment.
At no time shall all Members of the Commission
belong to the same profession.
7. Commission on Elections
shall be natural-born citizens of the Philippines
at the time of their appointment, at least thirty-five
years of age,
holders of a college degree,
and must not have been candidates for any
elective positions in the immediately
preceding elections.
a majority thereof, including the Chairman, shall
be members of the Philippine Bar who have
been engaged in the practice of law for at
least ten years.
8. Commission on Human Rights
must be natural-born citizens of the Philippines
a majority of whom shall be members of the Bar.
The term of office and other qualifications and
disabilities of the Members of the
Commission shall be provided by law.
9. The Ombudsman and his Deputies
shall be natural-born citizens of the Philippines,
and at the time of their appointment, at least forty
years old,
of recognized probity and independence,
and members of the Philippine Bar,
and must not have been candidates for any
elective office in the immediately preceding
election.
The Ombudsman must have, for ten years or
more, been a judge or engaged in the
practice of law in the Philippines.
Qualifications prescribed by law for certain officers
1. Secretaries of departments
 Citizens of the Philippines at least 25 years of age
1. Presiding justice and associate justices of the court of
appeals
 Same as Supreme Court justices
1. Judges of the Regional Trial Court
 Natural-born citizen
 At least 35 years of age
 For at least 10 years, has been engaged in the
practice of law in the Philippines requiring admission
to the practice of law, as indispensable requisite
1. Judges of the Municipal Trial Court
 Natural-born citizen
 At least 30 years of age
 For at least 5 years, has been engaged in the practice
of law in the Philippines requiring admission to the
practice of law, as indispensable requisite
2. Elective Local Officials
A. General Applicability
Citizen of the Philippines
Registered voter in the barangay, municipality, city or
province or in the case of sanggunian, the district
where he intends to be elected, resident therein
foe at least 1 year immediately preceding the
elections;
Able to read and write Filipino or any other local
language or dialect.
A. Governor, Vice Governor, Sangguniang Panlalawigan,
Mayor, Vice Mayor or Sangguniang Panlungsod of
highly urbanized cities
 Atleast 23 years old on election day
A. Mayor, Vice Mayor of independent component cities,
component cities, or municipalities
 Atleast 21 years old on election day
A. Sangguniang Panlungsod or sangguniang bayan
 Atleast18 years old on election day
A. Punong Baranggay or Sangguniang Baranggay
 Atleast18 years old on election day
A. Sangguniang Kabataan
 Atleast15 years old, but not more than 21 years old
on election day
3. Board of Election Inspectors
 he is of good moral character
 irreproachable reputation,
 a registered voter of the city or municipality,
 has never been convicted of any election offense
or of any other crime punishable by more than six
months of imprisonment or if there is a pending
information against him for any election offense
 Able to speak and write English or the local
dialect
Disqualifications to hold public office
1. By Constitution or by Law- In general, individuals
who lack any of the qualifications prescribed by the
Constitution or by law for a public office are ineligible
or disqualified from holding such office. An
appointment of an ineligible or unqualified person is a
nullity.
Other Causes
a. Mental or physical incapacity.
a. Misconduct or crime
b. Impeachment.
 c. ) Removal or suspension from office. 2. Where officer chosen to act in reference to a
d. Previous tenure of office particular subject.
e. Consecutive terms.
f. Holding more than one office. Construction of grant of powers.
g. Relationship with the appointing power.  Strict interpretation and will be construed as
h. Office newly created or the emoluments of which conferring those powers only which are expressly
have been increased imposed or necessarily implied.
i. Being an elective official- ineligible to be appointed to
be designated Classification of powers and duties.
j. Having been a candidate for any elective position From their Ministerial. — Official duty is ministerial when it
k. Under the local government code nature is absolute, certain, and imperative involving
i. Sentenced by final judgement for an offense involving merely execution of a specific duty arising from
moral turpitude by 1 year or more imprisonment within fixed and designated facts.
2 years after serving sentence
i. Those removed from office as a result of an Discretionary. — Discretionary or judicial duties
administrative case are such as necessarily require the exercise of
ii. Convicted by final judgement for violating ought of reason in the adaptation of means to an end,
allegiance to the republic and discretion in determining how or whether
iii. Dual citizenship the act shall be done or the course pursued.
iv. Fugitive from justice in criminal or non-political cases From the Mandatory. — Powers conferred on public
here or abroad standpoint officers are generally construed as mandatory
v. Insanity or feeblemindedness of the although the language may be permissive,
obligation of where they are for the benefit of the public or
1. Appointment of elective and appointive local the officer to individuals.
officials and candidates who lost in an election perform his
(Political Lame-Ducks) powers and Permissive. — Statutory provisions define the
a. No elective or appointive local official shall be eligible duties time and mode in which public officers will
for appointment or designation in any capacity to any discharge their duties, and those which are
public office or position during his tenure. Unless obviously designed merely to secure order,
otherwise allowed by law or by the primary functions uniformity, system, and dispatch in public
of his position, no elective or appointive local official business, are generally deemed directory.
shall hold any other office or employment in the From the Power of control. — It implies the power of an
Government or any subdivision, agency or standpoint officer to manage, direct or govern, including
instrumentality thereof, including government-owned of the the power to alter or modify or set-aside what a
or controlled corporations or their subsidiaries. relationship subordinate had done in the performance of his
a. Except for losing candidates in barangay elections, no of the officer duties and to substitute his judgment for that of
candidate who lost in any election shall, within one (1) to his the latter.
year after such election, be appointed to any office in subordinate
the Government or any government-owned or s Power of supervision. — Supervisory power is
controlled corporations or in any of their subsidiaries." the power of mere oversight over an inferior
body. It does not include any restraining
Chapter Four authority over such body. He merely sees to it
POWERS, DUTIES, AND NORMS OF CONDUCT OFPUBLIC that the rules are followed, but he himself does
OFFICERS not lay down such rules, nor does he have the
discretion to modify or replace them.
Source of powers and authority of public office.
 People themselves.
 Public law. Ministerial and discretionary powers distinguished.
1. Nature of act. — Determined by the facts of the
Authority of public officer not presumed. particular case.
2. Exercise of discretion. — Whether the act complained
Authority of public officer and private agents of involves policy making or judgment.
distinguished.
1. Private agents Meaning of discretion.
a. Universal Discretion - act or the liberty to decide according to the
b. General principles of justice and one's ideas of what is right and proper
c. Special under the circumstances, without willfulness or favor.
2. Public agents
a. General Exercise of discretion limited.
b. Special/ Limited  The exercise of the officer's discretion is still limited,
by legal construction, to the evident purposes of the
Ascertainment of authority of public officer. act, and to what is known as a sound and legal
 Persons contracting with the public officer acting discretion, excluding all arbitrary, capricious,
under a public law,must, at their peril, ascertain the inquisitorial and oppressive proceedings.
scope of the officer's authority, and arechargeable
with notice of the contents of the law conferring that Remedy to compel exercise of duty.
authority.  Purely ministerial - the courts will require specific
action.
Scope of power of a public officer.  Purely discretionary - the courts, by mandamus, will
1. Expressly conferred upon him by the law under which require action only.
he has been appointed or elected;
2. Expressly annexed to the office by the law which Delegation of discretionary powers.
created it or someother law referring to it; or  Unless the power to substitute another in his place
3. Attached to the office as incidents to it. has been given to him, a public officer cannot
delegate his duties to another.
Territorial limitation of authority of public officers.
1. Limited to territory where law has effect. Delegation of ministerial powers.
2. Action at a place not authorized by law ordinarily It can be delegated, except:
invalid.  Expressly prohibited.
 Expressly requires the act to be performed by the
Duration of authority.
officer in person.
1. Duration of term as provided by the law.
Time to perform official acts.
1. Where no time stated in statute. — Must be
performed within a reasonable time.
2. Where time stated in statute. — The time period
expressed is to be construed as directory and not
mandatory, unless the nature of the act to be
performed or the language used in the statute
evidences an intention to limit the power of the officer.
Ratification of unauthorized acts.
His acts may be ratified, except:
a. When an act which was absolutely void at the time it
was done.
b. Not merely voidable.
State is not estopped by the unauthorized or illegal acts of its
agents.
Where superior officers have authority to ratify the acts of their
inferiors, they are restricted to the ratification of acts and
contracts which they themselves are empowered to make.
Judicial review of official acts.
1. Where act involves exercise of discretionary power.
— He is the sole and exclusive judge of the existence
of those facts.
2. Where act involves performance of purely ministerial
duty. — Any person who will sustain personal injury
by such refusal may have a mandamus to compel its
performance.
3. Where act reviewed done without jurisdiction. —The
courts are not bound by an officer’s interpretation of
the law under which he presumes to act.
Norms of conduct of public officialsand employees.
1. Public office is a public trust.
2. Standards of personal conduct.
a. Commitment to public interest.
b. Professionalism.
c. Justness and sincerity.
d. Political neutrality.
e. Responsiveness to the public.
f. Nationalism and patriotism.
g. Commitment to democracy.
h. Simple living.
3. Duties of the Civil Service Commission.
a. Promote observance of these standards; and
b. Continue to research and experiment on
measures which provide positive motivation to
public officials and employees.
System of incentives and rewards.
1. Criteria.
a. Years of service;
b. Quality and consistency of performance;
c. Obscurity of the position;
d. Level of salary;
e. Unique and exemplary quality of achievement;
f. Risk or temptation inherent in the work; and
g. Any similar circumstances or consideration in
favor of the particular awardee.
2. Form of incentives and rewards.
a. Bonuses; or
b. Citations; or
c. Directorship in government-owned or –controlled
corporations; or
d. Local and foreign scholarship grants; or
e. Paid vacations; and
f. Automatic promotion to the next higher position
suitable to his qualifications and with
commensurate salary.
3. Committee on Awards. — Composed of the following:
a. The Ombudsman
b. Chairman of the Civil Service Commission as Co-
Chairmen
c. Chairman of the Commission on Audit
d. Two (2) government employees to be appointed
by the President as members.
Purpose:
a. Conduct a periodic, continuing review of
performance of officials and employees in all
departments, offices, and agencies;
b. Establish a system of annual incentives and
rewards to the end that due recognition is given
to officials and employees of outstanding merit;
c. Determine the form of rewards to be granted;
d. Formulate and adopt its own rules to govern the
conduct of its activitism.
4. Secretariat. — Provide secretariat services to the
Committee.
Duties of public officers as trustees for the public.
1. In General Duties
a. Duty to obey the law.
b. Duty to accept and continue in office.
c. Duty to accept burden of office.
d. Duty as to diligence and care.
e. Duties in choice and supervision of subordinates.
2. Ethical duties.
a. Duty as to outside activities. rights
b. Duty where personal interest is involved.
c. Duty to act with civility.
Duty to make financial disclosure.
 To maintain public confidence in government and in
public officials and employees,
 To avoid conflicts of interest from arising, to deter
corruption,
 To provide the citizens with information concerning a
public officer's financial affairs.
Specific duties of public officials and employees.
1. Act promptly on letters and requests.
2. Submit annual performance reports.
3. Process documents and papers expeditiously.
4. Act immediately on the public's personal transactions.
5. Make documents accessible to the public.
Actions on requests and petitions.
1. General rule - shall do so immediately, without
discrimination, and in no case beyond fifteen (15)
working days from receipt of the request or petition.
2. In case of written requests - shall act on the same
within fifteen (15) working days from receipt thereof.
3. The department, office, or agency must take action
within a period of fifteen (15) working days.
Processing of papers and documents.
Within a reasonable time from the preparation thereof, in
accordance with the following rules:
1. As prescribed by the law;
2. If law is silent, head of department, office, or agency
to determine reasonable time, taking into account the:
a. Nature, simplicity or complexity of the subject
matter;
b. Completeness or inadequacy of requirements;
c. Lack of resources caused by circumstances
beyond the control of the department, office, or
agency or official or employee concerned;
d. Legal constraints;
e. Fault, failure or negligence of the party
concerned which renders decision or action not
possible or premature; and
f. Fortuitous events or force majeure.
Signing of any written action or decision.
 Must contain not more than three (3) initials or
signatures.
Public disclosure of statements of assets and liabilities.
1. Statement of Assets and Liabilities and Financial
Disclosure.
a. Contents.
 real property, its improvements, acquisition
costs, assessed value and current fair
market value;
 personal property and acquisition cost;
 all other assets such as investments, cash
on hand or in banks, stocks, bonds, and the
like;
  financial liabilities, both current and long-
term;
 all business interests and financial
connections,
b. When to file.
 within thirty (30) days after assumption of
office, statements of which must be reckoned
as of his first day of service;
 on or before April 30, of every year
thereafter, statements of which must be
reckoned as of the end of the preceeding
year;
 within thirty (30) days after separation from
the service,statements of which must be
reckoned as of his last day in office.
c. Where to file.
 President, Vice-President, and Constitutional
Officials, with the National Office of the
Ombudsman;
 Senators and Congressmen, with the
Secretaries of the Senate and the House of
Representatives, respectively; Justices, with
the Clerk of the Supreme Court; Judges, with
the Court of Administrator; and all national
executive officials, such as members of the
Cabinet, Undersecretaries, and Assistant
Secretaries, including the foreign service and
heads of government- owned or -controlled
corporations with original charters and their
subsidiaries and state colleges and
universities, with the Office of the President;
 Regional and local officials and employees,
both appointive and elective, including other
officials and employees of government-
owned or -controlled corporations and their
subsidiaries, with the Deputy Ombudsman in
their respective regions;
 Officers of the armed forces from the rank of
colonel or naval captain, with the Office of
the President, and those below said ranks,
with the Deputy Ombudsman in their
respective regions; and
 All other public officials and employees,
defined in Republic Act No. 3019, as
amended, with the Civil Service
Commission.
d. Authority in favor of Ombudsman. — Execute,
within thirty (30) days from the date of their
assumption of office, the necessary authority in
favor of the Ombudsman to obtain from all
appropriate government agencies such
documents as may show their assets, liabilities,
net worth.
2. Identification and disclosure of relatives. — Such
relatives shall include those up to the fourth civil
degree of relationships, either of consanguinity or
affinity.
3. Accessibility of documents.
a. At reasonable hours.
b. Made available for copying after ten (10) working
days from the time they are filed.
c. Available to the public for a period of ten (10)
years after receipt of the statement.
4. Prohibited acts.
a. any purpose contrary to morals or public policy;
or
b. any commercial purpose other than by news and
communications media for dissemination to the
general public.
5. Authority/ responsibility of certain officials - Authority
to determine whether said statements have been
properly accomplished:
a. In the case of Congress, the designated
committees of both Houses of Congress subject
to approval by the affirmative vote of the majority
of the particular House concerned;
b. In the case of the Executive Department, the
heads of departments, offices, and agencies
insofar as their respective departments, offices
and agencies are concerned subject to approval
of the Secretary of Justice;
c. In the case of the Judicial Department, the Chief
Justice of the Supreme Court; and
d. In case of the Constitutional Commissions and
other Constitutional Offices, the respective
Chairman and members thereof; in the case of
the Office of the Ombudsman, the Ombudsman.
6. Review and compliance procedures.
7. Basis in monitoring income and lifestyle of
government officials and employees. — Sworn
Statement of Assets and Liabilities (SSAL).
Transparency of transactions and access to information.
1. Ensure transparency of public transactions.
2. Provide official information, except if:
a. must be kept secret in the interest of national
defense or security or the conduct of foreign
affairs;
b. would put the life and safety of an individual in
imminent danger;
c. falls within the concepts of established privilege
or recognized exceptions as may be provided by
law;
d. information, record, or document comprises
drafts of decisions, orders, rulings, policy-
decisions, memoranda, etc.;
e. would disclose information of a personal nature
where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
f. would disclose investigatory records compiled for
law enforcement purposes that will cause partial
adjudication; or
g. premature disclosure that will endanger the
stability of financial institution.
3. Establish information systems. — for the purpose of
informing the public of such policies, programs, and
accomplishments, and not to build the public image of
any official or employee or advance his own personal
interest.
Reforms on public administrative systems.
1. Conduct value development programs.
2. Conduct professional, etc. programs.
3. Conduct studies and analyses of work systems.
4. Develop and make available a service guide.
5. Consult the public for feedbacks and suggestions.
6. Conduct research and experimentation.
7. Designate a resident Ombudsman.
8. Consult and dialogue with staff.
CHAPTER SIX: DISABILITIES AND INHIBITIONS OF
PUBLIC OFFICERS
A. Constitutional Prohibitions
I. Disabilities of President, Vice-President, Members of
Cabinet, and their Deputies and Assistants
1. They shall not hold, unless otherwise provided in
the Constitution, any other office or employment;
2. They shall not practice any other profession;
3. They shall not participate, directly or indirectly, in
any business;
4. They shall not be financially interested, directly or
indirectly, in any contract with, or in any franchise or
special privilege granted by the government or any
subdivision, agency or instrumentality thereof
including any government-owned or controlled
corporation or their subsidiaries; and
5. They shall strictly avoid conflict of interest in the
conduct of their office.
II. Disabilities of the members of the Congress
1. No senator or member of the House of
Representatives may hold any other office or
employment in the Government, or any subdivision,
agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his
seat;
2. Neither shall he be appointed to any office which
may have been created or the emoluments thereof
increased during the term for which he was elected;
3. No Senator or Member of the House of
Representatives may personally appear as counsel
before any court of justice before the Electoral
Tribunals, or quasi-judicial and other administrative
bodies;
4. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or
special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof,
including any government-owned or controlled
corporation, or its subsidiary, during his term of office.
He shall not intervene in any matter before any office
of the Government for his pecuniary benefit or where
he may be called upon to act on account of his office;
5. He shall not intervene in any cause or matter
before any office of the Government for his pecuniary
benefit or where he may be called upon to act on
account of his office or to give his vote as a member
of the Congress.
III. Disqualifications to hold any other office or
employment in the government
1. Incompatible office – This include any kind of office
or employment in the government, or any subdivision,
agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries during his term. The phrase “Any other
office or employment” includes any position in the
government outside of Congress, including ex-officio
membership of any non-congressional body,
committee or commission in any guise whatsoever,
unless the second office or employment is connected
with or in aid of legislative duites.
2. Forbidden office – This refers to any office created
or the emoluments of which have been increased
during the term for which he was elected, not merely
during his tenure or period of actual insolvency.
IV. Prohibition against financial interest
1. Appearance as counsel before any court of justice,
etc. – A member of congress shall not appear
personally as counsel before any court of justice or
before the electoral tribunals or quasi-judicial and
other administrative bodies.
2. Financial interest in any contract with the
government – He shall not, directly or indirectly, be
interested financially in any contract with the
government, etc., during his term of office whether as
an individual or as a member of a partnership or as an
officer of a corporation.
3. Financial interest in any special privilege by the
government – He shall not, directly or indirectly, be
interested financially in any franchise or special
privilege granted by the government, etc., during his
term of office.
4. Intervention in certain matter – he shall not
intervene in any cause or matter before any office of
the government for his pecuniary benefit or where he
may be called upon to act on account of his office or
to give his vote as member of Congress.
V. Disabilities of members of Constitutional Commission
1. No member of a Constitutional Commission shall,
during his tenure, hold any other office or
employment.
2. Neither shall he engage in the practice of any
profession or in the active management or control of
any business which in any way may be affected by
the functions of his office.
3. Nor he shall be financially interested, directly or
indirectly, in any contract with, or in any franchise or
privilege granted by the government, any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
VI. Prohibition against designation of members of
judiciary to administrative positions
Article VIII Section 12
“ The members of the Supreme Court and of other
courts established by law shall not be designated to
any agency performing quasi-judicial or administrative
functions.”
VII. Prohibition against engaging in partisan political
activities
Article IX-B, Section 2, par. 4
“No officer or employee in the civil service shall
engage, directly or indirectly, in any electioneering or
partisan political campaign.”
Article XVI, Section 5, par. 3
“Professionalism in the armed forces and other
remuneration and benefits of its members shall be a
prime concern of the State. The armed forces shall be
insulated from partisan politics.
No member of the military shall engage directly or
indirectly in any partisan political activity, except to
vote.”
VIII. Prohibition against appointment of elective officials
Article IX, Section 7
“xxx No elective official shall be eligible for
appointment or designation in any capacity to any
public office or position during his tenure .”
IX. Prohibition against holding more than one position by
appointive officials
Article IX-B, Section 7
 “Unless otherwise allowed by law or by the primary
functions of his position, no appointing official shall
hold any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof, including, government-owned
or controlled corporations or their subsidiaries.”
X. Prohibition against acceptance of any present, etc. from
any foreign state
Article IX-B, Section 8
“No elective or appointive public officer or employee
shall xxx accept without the consent of the Congress,
any present, emolument, office, or title of any kind
from any foreign government.”
XI. Prohibition against receiving additional, double, or
indirect compensation
Article IX-B, Section 8
“No elective or appointive public officer or employee
shall receive additional, double or indirect
compensation, unless specifically authorized by law
xxx.
Pensions and gratuities shall not be considered as
additional, double or indirect compensation.”
XII. Prohibition against appointment of members of the
armed forces to certain positions
Article XVI, Section 5, par. 4
“No member of the armed forces in the active service
shall, at any time, be appointed or designated in any
capacity to a civilian position in the Government
including government-owned or controlled
corporations or any of their subsidiaries.”
XIII. Prohibition against grant of loan, guaranty, or other
form of financial accommodation
Article XI, Section 16
“No loan, guaranty, or other form of financial
accommodation for any business purpose may be
granted, directly or indirectly, by any government-
owned or controlled bank or financial institution to the
President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or to
any firm or entity in which they have controlling
interest, during their tenure.”
B. Prohibitions Under Existing Laws
I. CESO (PD 807)
a. Political Activity - No officer or employee in
the Civil Service including members of the
Armed Forces, shall engage directly or
indirectly in any partisan political activity or
take part in any election except to vote nor
shall he use his official authority or influence
to coerce the political activity of any other
person or body. Nothing herein provided
shall be understood to prevent any officer or
employee from expressing his views on
current political problems or issues, or from
mentioning the names of candidates for
public office whom he supports: Provided,
That public officers and employees holding
political offices may take part in political and
electoral activities but it shall be unlawful for
them to solicit contributions from their
subordinates or subject them to any of the
acts involving subordinates prohibited in the
Election Code.
b. Additional or Double Compensation- No
elective or appointive public officer or
employee shall receive additional or double
compensation unless specifically authorized
by law nor accept without the consent of the
President, any present, emolument, office, or
title of any kind from any foreign state.
c. Limitation on Employment of Laborers-
Laborers, whether skilled, semi-skilled or
unskilled, shall not be assigned to perform
clerical duties.
d. Prohibition on Detail or Reassignment- No
detail or reassignment whatever shall be
made within three (3) months before any
election.
e. Nepotism - All appointments made in favor of
a relative of the appointing or recommending
authority, or of the chief of the bureau or
office, or of the persons exercising
immediate supervision over him, are hereby
prohibited.
II. LGU Officers
a. Business and Pecuniary interest
i. Business transaction with local
government unit in which he is an
official or employee over which he
has the power of supervision, or
with any of its authorized board,
official, agents, or attorneys,
whereby money is to be [paid or
property or any other thing of value
is to be transferred directly or
indirectly out of the resources of the
LGU unit to such person or firm.
ii. Cockpits
iii. Forfeited real estate in favor of LGU
for unpaid taxes or by virtue of a
legal process at the instance of the
said LGU.
iv. Use of Public property for private
purposes
v. ETC.
b. Practice of Profession
i. those member of the Bar
1. Appear as counsel before
any court in any civil and
criminal cases case
wherein a local LGU or
any office, agency or
instrumentality is the
adverse party
2. Collect any fee for their
appearance in admin
proceedings involving LGU
of which he is an official
 3. Use property or personnel
of government except
when the SB member
concerned is defending
the interest of the Govt
4. LGU official in medical
profession may exercise
profession even during
official hours of work
during emergencies
provided that the official
concerned do not derive
monetary compensation.
c. Partisan Political Activity
III. Property in Public Auctions
The following persons cannot acquire by
purchase, even at a public or judicial auction,
either in person or through the mediation of
another:
(1) The guardian, the property of the person
or persons who may be under his
guardianship;
(2) Agents, the property whose
administration or sale may have been
entrusted to them, unless the consent of the
principal has been given;
(3) Executors and administrators, the
property of the estate under administration;
(4) Public officers and employees, the
property of the State or of any subdivision
thereof, or of any government-owned or
controlled corporation, or institution, the
administration of which has been entrusted
to them; this provision shall apply to judges
and government experts who, in any manner
whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys,
clerks of superior and inferior courts, and
other officers and employees connected with
the administration of justice, the property and
rights in litigation or levied upon an execution
before the court within whose jurisdiction or
territory they exercise their respective
functions; this prohibition includes the act of
acquiring by assignment and shall apply to
lawyers, with respect to the property and
rights which may be the object of any
litigation in which they may take part by
virtue of their profession.
(6) Any others specially disqualified by law.
The prohibitions in the two preceding articles
are applicable to sales in legal redemption,
compromises and renunciations.
IV. BSP
a. Outside the interest of the Gov and Full time
monetary board members
b. Personnel (Anti Graft and Code of Ethical
Standards)
V. BIR
a. Unlawful divulgence of trade secrets (PD
1158 sec 269)
b. Unlawful interest of revenue law enforcers in
business. (PD 1158 sec 270)
VI. Anti-Graft
a. Influencing other public officer to perform an
offense in connection with official duties
b. Requesting or receiving any gift in
connection with his official duties
c. Causing any undue injury to any party
d. Entering on behalf of the Govt into a contract
to the disadvantage of another
e. Having financial or pecuniary interest in any
business which is prohibited by law
f. Becoming interested for personal gain in any
transaction requiring the approval of the
board or company
g. Approving or granting any license or permit
in favor of any person known to him to be not
qualified or legally entitled to such license
VII. Code of Conduct and Ethical Standards
(a) Public officials and employees shall not,
directly or indirectly, have any financial or
material interest in any transaction requiring the
approval of their office.
(b) Outside employment and other activities
related thereto. - Public officials and employees
during their incumbency shall not:
(1) Own, control, manage or accept
employment as officer, employee, consultant,
counsel, broker, agent, trustee or nominee in
any private enterprise regulated, supervised
or licensed by their office unless expressly
allowed by law;
(2) Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided, that such
practice will not conflict or tend to conflict
with their official functions; or
(3) Recommend any person to any position
in a private enterprise which has a regular or
pending official transaction with their office.
These prohibitions shall continue to apply for
a period of one (1) year after resignation,
retirement, or separation from public office,
except in the case of subparagraph (b) (2)
above, but the professional concerned
cannot practice his profession in connection
with any matter before the office he used to
be with, in which case the one-year
prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential
information. - Public officials and employees shall
not use or divulge, confidential or classified
information officially known to them by reason of
their office and not made available to the public,
either:
(1) To further their private interests, or give
undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public
officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary
value from any person in the course of their
official duties or in connection with any operation
being regulated by, or any transaction which may
be affected by the functions of their office.
 arising from discretionary acts or functions in the performance
of their official duties.
VIII. Divestment (RA 6713, sec 3, f,g,I,j,k)
A public official or employee shall avoid conflicts of State immunity does not apply in causes of action
interest at all times. When a conflict of interest arises, which do not seek to impose a charge or financial liability
he shall resign from his position in any private against the government.
business enterprise within thirty (30) days from his
assumption of office and/or divest himself of his Official immunity not absolute. Hence, such immunity
shareholdings or interest within sixty (60) days from shall only apply to the following:
such assumption.
1. Suit to enforce liability for personal torts; and
The same rule shall apply where the public official or
employee is a partner in a partnership. 2. Suit to compel performance of official duty or restrain
performance of an act.
The requirement of divestment shall not apply to
those who serve the Government in an honorary Exceptions:
capacity nor to laborers and casual or temporary
workers. a. A public officer may be sued as such to compel him
to do an act required by law;
a) "Conflict of interest" arises when a
public official or employee is a b. From enforcing a law claimed to be
member of a board, an officer, or a unconstitutional; and
substantial stockholder of a private
corporation or owner or has a c. The government itself violated its own laws.
substantial interest in a business,
and the interest of such corporation Liability based upon and co-extensive with duty
or business, or his rights or duties
therein, may be opposed to or Two Classes of public officers
affected by the faithful performance
of official duty. 1. Those whose duty is owing solely to the public; and
b) "Substantial stockholder" means
any person who owns, directly or
2. Those whose duty is owing in some degree to the
indirectly, shares of stock sufficient
to elect a director of a corporation. individuals.
This term shall also apply to the
parties to a voting trust. Three-fold responsibility of public officers
c) "Divestment" is the transfer of title
or disposal of interest in property by 1. CIVIL. If individual is damaged by the violation of duty, the
voluntarily, completely and actually officers shall be held liable civilly to reimburse the injured party;
depriving or dispossessing oneself
of his right or title to it in favor of a 2. CRIMINAL. If the law has attached a penal sanction, the
person or persons other than his officer may be punished criminally;
spouse and relatives as defined in
this Act. 3. ADMINISTRATIVE. The violation of disciplinary power may
d) "Relatives" refers to any and all
lead to imposition of fine, reprimand, suspension, or removal
persons related to a public official or
employee within the fourth civil from office, as the case maybe.
degree of consanguinity or affinity,
including bilas, inso and balae. Criminal and civil cases different from administrative
e) "Family of public officials or matters
employees" means their spouses
and unmarried children under (Criminal and civil cases VS. Administrative matters)
eighteen (18) years of age.
Admini Crimi
strativ nal
e and
Cases/ Civil
Matter Cases
s
Purpo Protecti Punis
Chapter 7: Liabilities of Public Officers se on of hment
public of
service crimes
De Jesus; Manesca; Mojares; Sy Juco
Consti Solely May
A. In General tution admini be
of the strative admini
Doctrine of official immunity from liabilities for public act or strativ
officers omissi e and
on crimin
al
The promotion of fearless, vigorous, and effective
administration of policies of government. The threat of suit
could also deter competent people from accepting public office.

Official immunity and State immunity distinguished

Official immunity is by protecting the public official in

the performance of his government function. It serves as a
protective aegis for public officials from tort liablity for damages
Case Does Does through their malfeasance, omission or negligence.
admini not bar not
stratio from foreclo
n crimina se Liability of the President for Official Acts
l admini
penalty strativ 1. Civil responsibility
; e
action, 2. Criminal Liability
Does if due
not bar to 3. Liability for Damages
from insuffi
filing of ciency
crimina of
l eviden
informa ce;
tion; Liability of other Executive Officials for Official Acts
Will
Double not
Government officials performing discretionary functions
jeopard neces
y does sarily generally are shielded from liability for civil damages
not result insofar as their conduct does not violate clearly established
apply to statutory or constitutional rights which any reasonable person
liability would have known.
in the
admini Reasons for immunity
strativ
e case a. Immunity is necessary because the imposition of
Prejud Not monetary costs for mistakes which were not
icial applica unreasonable in the light of all circumstances would
Questi ble undoubtedly deter the most conscientious
on governmental decision maker from exercising his
judgment independently, forcefully and in a matter
best serving the long-term interest of the public
b. Officials with broad range of duties and authority must
Proceedings against public officers often act swiftly and firmly at the risk that an action
deferred will be futile or constitute virtual abdication of
1. Evidence and procedure office.
Substantial evidence – such relevant evidence as a
reasonable mind might accept as adequate to support a
conclusion.
Liability of Legislative Officials for Official Acts
2. Right to be informed of findings and recommendations of an
investigating committee. Members of the Congress are not only exempt from general
3. Object of administrative proceedings. liability but certain special privileges are accorded them by the
4. Right to counsel. Constitution.
5. Effect of death.
Reasons for immunity
Administrative liability incurred in a previous term by an
elective official Members of public legislative bodies are chosen to enact such
laws and regulations or rules of conduct as in their judgment
1. Re-election operates as electorate condonation of a
best suited to the welfare and prosperity of the people within
previous misconduct
Condonation Rule – applied regardless of the date their jurisdiction. The performance of this duty is owing to the
of filing of the administrative complaint as long as the public and not to individuals.
wrongdoing was committed prior to the date of re-election.
Liability of Members of the Judiciary for Official Acts
2. Condonation does not extend to reappointed coterminous
employees. 1. Reasons for immunity
3. Re-election does not extinguish criminal or civil liability
The rule that “when the people have elected a a. The necessary result of the liability would be
man to his office it must be assumed that they did this to occupy the judge’s time and mind with the
with knowledge of his life and character and that they defense of his own interests, when he should
disregarded or forgave his faults or misconduct if he had be giving them up wholly to his public duties,
been guilty of any” - refers only to an action for removal from thereby defeating to some extent the very
office and does not apply to criminal case. purpose for which his office was created.

B. Civil Liability b. The effect of putting the judge on his

defense as wrongdoer necessarily is to lower
Requisites for recovery of damages arising from acts of the estimation in which his office is held by
public officers the public, and any adjudication against him
lessens the weight of his subsequent
Two things that must concur in order to create the right of decisions.
action:
c. The civil responsibility of the judge would
1. Damage to himself; and often be an incentive to dishonest instead of
2. A wrong or violation of the right of a party committed by the honest judgments, and would invite him to
other. consult public opinion and public prejudices
when he ought to be wholly above and
Effect of contributory negligence of injured party uninfluenced by them.

Rule: Public officers should be held to a faithful d. Such civil responsibility would constitute a
performance of their official duties, and made to answer in serious obstruction to justice, in that it would
damages to all persons who may have been injured
 render essential a large increase in the
judicial force, not only as it would multiply
litigation, but as it would open each case to
endless controversy. If one judge can be
tried for his judgment, the one who presides
on the trial may also be tried for his, and thus
the process may go on until it becomes
intolerable.
e. Where the judge is really deserving of
condemnation, a prosecution at the instance
of the state is a much more effectual method
of bringing him to account than the private
suit.
f. Judicial offices would never be accepted by
any man of standing, reputation or financial
worth, if at the peril of his fortune, he must
justify his judgments to the satisfaction of
another judge at the instance of a
dissatisfied litigant.
2. Liability for rendering an unjust judgment
3. Liability for gross ignorance of law and incompetence
Liability of Superior Officer for Acts of Subordinates
1. General Rule
2. Exceptions
a. Where, being charged with the duty of
employing or retaining his subordinates, he
negligently or wilfully employs or retains unfit
or improper persons; or
b. Where, being charge with the duty to see
that they are appointed or qualified in a
proper name, he negligently or wilfully fails to
require them the due conformity to the
prescribe regulations; or
c. Where he so carelessly or negligently
oversees, conducts or carries on the
business of his office as to furnish the
opportunity for the default; or
d. A fortiori, where he has directed, authorized
or cooperated in the wrong; or

4. Quantum of proof necessary to support administrative e. Where liability is expressly provided in the
charges statute.

3. Other Exceptions

4.
Liability of Quasi-judicial Officers for Official Acts
Liability of Subordinates

1. Nature of functions
1. Same rules as those applicable to officers of higher
2. Reasons for Immunity
rank
3. Liability for ministerial acts
2. Where acts done pursuant to orders or instructions

Liability of Ministerial Officers for Official Acts

Liability for Tortious Acts

1. General Rule
1. Acts done within scope of official authority
Purely Ministerial Act or Duty – an act which an
2. Acts done without or in excess of official authority
officer or tribunal performs in a given state of facts, in
a prescribed manner, in obedience to the mandate of Liability under the Civil Code
the legal authority, without regard to the exercise of
his own judgment upon the propriety or impropriety of 1. For failure or neglect to perform official duty
the act done.
2. For violating rights and liberties of private individuals

a. Freedom of Religion;
2. Requisites for liability
b. Freedom of speech;
3. Liability where officer also acts extra-judicially
c. Freedom to write to the press or to maintain
a periodical publication;

Kinds of Liability of Ministerial Officer d. Freedom from arbitrary or illegal detention;

e. Freedom of suffrage;

f. The right against deprivation of property

1. Nonfeasance or the neglect or refusal, without
without due process of law;
sufficient excuse, to perform an act which it was the
officer’s legal duty to the individual to perform; g. The right to a just compensation when
private property is taken for public use;
2. Misfeasance or the failure to use, in the performance
of a duty owing to an individual, that degree of care, h. The right to the equal protection of laws;
skill and diligence which the circumstances of the
case reasonably demand; and i. The right to be secure in one’s person,
house, papers, and effects against
3. Malfeasance or the doing, either through ignorance, unreasonable searches and seizures;
inattention or malice, of that which the officer has no
legal right to do at all, as where he acts without any j. The liberty of abode and of changing the
authority whatever, or exceeds, ignores or abuses his same;
powers.
k. The privacy of communication and
correspondence;
 l. The right to become a member of Generally: No public officer, however high his position, is
association or societies for purposes not above the law; all may be punished for criminal acts.
contrary to law;
Crimes Peculiar to Certain Public Officers
m. The right to take part in a peaceful assembly
to petition the government for redress of
grievances; 1. Revised Penal Code
n. The right to be free from involuntary a. Malfeasance and misfeasance in office;
servitude in any form;
b. Frauds and illegal exactions and
o. The right of the accused against excessive transactions;
bail;
c. Malversation of public funds or property;
p. The right of the accused to be heard by
himself and counsel, to be informed of the d. Infidelity of public officers; and
nature and cause of the accusation against
him, and to have a speedy and public trial, to e. Other offenses and irregularities committed
meet witnesses face to face, and to have by public officers which include
compulsory process, to secure the disobedience, refusal of assistance,
attendance of witness in his behalf; maltreatment of prisoners, prolongation and
abandonment of the duties and powers of
q. Freedom from being compelled to be a public office, usurpation of powers, and
witness against one’s self, or from being unlawful appointments.
forced to confess guilt, or from being induced
by a promise of immunity or reward to make CHAPTER EIGHT
such confession, except when the person
TERMINATION OF OFFICIAL RELATIONS
confessing becomes a state witness;

r. Freedom from excessive fines, or cruel and

unusual punishment, unless the same is A. Specifically
imposed or inflicted with the statute which
Modes of termination of official relations
has not been judicially declared
The authority and duties imposed by the office may
unconstitutional; and
be terminated by any of the following ways:
s. Freedom of access to the courts 1. expiration of the term of tenure of office

2. Reaching the age limit

3. For failure to render aid or protection to a person 3. Death or permanent disability

4. Resignation

Liability on Contract Executed in behalf of the Government 5. Acceptance of incompatible office

The general rule is that a public officer within the scope of his
authority and in his official capacity is not personally liable on 6. Abandonment of office
contracts executed in behalf of the government
7. Prescription of right to office
Liability for Unexplained Wealth
8. Removal

1. Republic Act No. 1379 (Forfeiture of Unexplained 9. Impeachment

Wealth Act) declares the forfeiture in favor of the state
of any property found to have been unlawfully
acquired by any public official or employee
2. On the other hand, R.A. No. 3019 (Anti-Graft and
Corrupt Practices Act) penalizes certain acts
(enumerated in Section 2 thereof) of public officers
and private persons alike which constitute graft or
corrupt practices or which may lead thereto.
Liability of Accountable Officers to the Government
1. Bond requirement
2. Primary and secondary responsibility
3. General liability for unlawful expenditures
10. Abolition of office
11. Conviction of a crime
12. Recall
B. Natural Causes
By expiration of term of office- unless he is
authorized by law to hold over, his rights, duties and authority
as a public officer must ipso facto cease.
term- when used in reference to the tenure of office, means
ordinarily a fixed and definite time prescribed by law or the
Constitution by which an officer may hold an office.
expiration of tenure - is the right of the occupant himself to
hold the office which is terminated.

4. Measure of liability of accountable officers

Removal and Expiration of term Distinguished
5. Liability for acts done by direction of superior officers
1. Where term of office not fixed by law and incumbent is
relieved by appointing authority, legal effect is the same as if
C. CRIMINAL LIABILITY term has been fixed by Congress itself.

2. where appointment is for a definite and renewable perios,

non-renewable thereof does not involve dismissal but an
expiration of term.

Term and tenure distinguished
Term means the time during which the officer may clai to hold
office as of right and fixes the interval after which several
incumbents shall succeed one another.
Tenure represents the period during which the incumbent
actually holds the office.
Commencement of terms of office
1. date for commencement is fixed for some appreciable period
after the election or appointment.
2. When there is no time fixed, term wil generally begin on the
date of election, in case of elective officers, and the date of the
appointment where the officer is appointed.
3. Where the term runs “from” acertain date, the day of the
date is excluded in the computation.
Power of Congress to fix, shorten, or lengthen
term
1. Where term fixed by the Constitution- it is beyond the power
of Congress to affect the tenure of such Constitutional Office.
2. Where term not fixed by the Constitution- Congress may fix
the terms of officers other than those provided for in the
Constitution.
Holding over after expiration of term
1. Where holding over provided by law- the office does not
become vacant upon the expiration of the term if there is then
no successor elected and qualified to assume it but the present
incumbent will hold office until his successor is elected and
qualified, even though it be beyond the term fixed by law.
2. Where holding over not provided by law- unless such
holding over be expressly or impliedly prohibited, incumbent
may continue to hold unti someone else is elected ans qualifies
to assume office.
3. Where Constitution limits term- holding over is not permitted
4. Application of hold-over provision-provision for holding-over
applies only where a fixed term is annexed to an office.
5. Purpose of hold-over provision- is to prevent a hiatus in the
government pending the time when a successor may be
chosen and inducted into office.
6. Status of hold-over officer- is a de jure officer if his holding
over is authorized by law; otherwise he is a de facto officer.
Office Created for the Accomplishment of a
Specific Act
Where an office is created, or an officer is appointed
for performing a single act or accomplishment of a result,, the
office terminates and officer's authority ceases with the
accomplishment of the purpose which called it into being.
By Reaching of Age Limit
This mode of terminating official realtions results in
the compulsory and automatic retirement of a public officer.
By death or permanent Disability
The death of incumbent of an office necessarily
rendersthe office vacant.
Permanent disability covers both physical or mental
disability.
C. Acts or Neglect of Officer
By Resignation
A resignation by definition is the formal renunciation
or reliquishment of a public office. It implies an expression by
the incumbent in some form, express or implied, of the
intention to surrender, renounce, and reliquish his right to the
office and its acceptance by competent and lawful authority.
Forms of resignation
1) Where by law a resignation is required to
be made in any particular form, that form
must be substantially complied with.
2) Where no such form is prescribed, no
particular mode is required, but the resignation
may be made by any method indicative of
the purpose. It need not be in writing unless
so required by law. It may be oral or implied by
conduct.
What constitutes resignation
1) To constitute resignation of public office,
there must be a) an intention to relinquish a part of
the term b)accompanied by the voluntary act of relinquishment,
and c) an acceptance by the proper
authority.
2) A resignation implies an expression of the
incumbent in some form, express or
implied, of the intention to surrender, renounce, and
relinquish the office his/her
accompanied by the act of reliquishment.
3) As the intent to reliquish must concur with
the overt act of reliquishment, the acts of
the employee before or after the alleged resignation
must be considered in determining whether
he or she, in fact intended to severe his or her employment.
a) A written resignation, delivered to
the board to the board or officer authorized
to receive it and fill the vacancy thereby
created, is prima facie, but not
conclusive evidence of the intention to
relinquish the office. Such resignation
must be signed by the party tendering it.
b) By applying for and receiving
retirement benefits, one may be deemed to have
irrevocably resigned from the government
service.
c) A voluntary resignation is difficuly
to reconcile with the filing of a complaint
for illegal dismissal.
To whom resignation tendered.
The official with whom a resignation of a
public office must be filed may be designated
by statute. In the absence of a statutory direction, a
public officer should tender to the officer or body having
authority to appoint his successor or to call an election to fill
the office.
Necessity of acceptance of resignation.
1) Abandonment unlawful before
acceptance.
2) Resignation revocable before acceptance.
Form of acceptance
The acceptance of the resgnation may be
manifested either by a formal declaration or by the
appointment of a successor. So where the written resignation
of the officer, intended to operate as such, was duly written in
the proper office without objection, and was endorsed as his
resignation, it was held that this was a sufficient
accaptance, if any was required.
\ Withdrawal of resignation.

An immediately effective resignation may be
withdrawn before it is acted upon, but not after acceptance.
It has also been held that the resignation of aan officer,
effective at a future date, may not be withdrawn after
the resignation has been accepted. Accordingly, a public
employee is entitled to withdraw a prospective
resignation if the employee dies so before its effective
date, before it has been acepted, and before the appointing
power acts in reliance on the resignation.
Repudiation of resignation.
1) A resignation is not effective although a successor
has already been appointed to take the place of the first
incumbent if said resignation has been transmitted wihtout the
officer's consent;
2) The resignation of a public officer procured by fraud
or by duress is voidalble and may be repudiated; and
3) A resignation given as an alternative to have
charges filed against the public officer may be
repudiated, for said resignation cannot be accepted
as having given by the officer voluntarily and willingly.
Effect of duress or coercion.
A resignation by an officer charged with
misconduct is not given under duress or coercion, though
the appropriate authority has already determined that the
officer's alternative is termination, where wsuch authority
has the legal authority to terminate the officer's employment
under the particular circumstances, since it is not
duress to threaten to do what one has the legal right to
do, or to threaten to take any measure authorized by law and
the circumstancesof the case.
By acceptance of an incompatible or prohibited
office.
1) It is contrary to the policy of the law that the same
individual should udnertake to perform inconsistent and
incompatible duties. He who, while occupying one office,
accepts another incompatible with the first, ipso facto,
absoulutely vacates the first office.
2) If the law or Constitution as an expression of punlic
policy forbids the acceptance by a public officer of any
office other thatn that which he holds, it is not a case of
incompatibility but of legal or constitutional prohbition.
When offices incompatible with each other.
Incompatibility is to be found in the character
of the officers and their relation to each other, in the
subordination of the functions and duties which attah to them.
It exists where:
1) There is conflict in suh duties and functions, so that
the performance of the duties of one interferes with the
performance of the duties of the other, as to render it improper
from consideration of public policy for one person to retain
both; and
2) One is subordinate to the other and is subject in
some degree to its supervisory power for obviously in such
a situation where both positions are held by the same person,
the design that one ats as a heck on the other would be
frustrated; or
3) The Constitution or the law itself, for reasons of
public policy, declares the incompatibility even there is no
inconsistency in the nature and functions of the office.
Incompatibility of offices or positions requires the involvement
of two government offices or positions which are held by
on individual;
Exceptions to the rule on holding incompatible
offices.
1) Where the officer cannot vacate the first office by
his own act, upon the principle that he will not be permitted
to, thus, do indirectly what he could not do indirectly, as where
the law requires the approval of the provincial board before a
municipal official can resign.
2) Where the first office is held under a different
government from that which conferred the second;
3) Where the officer is expreslly auhtorized by law to
accept another office; and
4) Where the second office is temporary.
By abandonment of office.
Meaning of abandonment.
Abandonment in law, means a voluntary
reliquishment of an office by the holder of all right, title or claim
thereto without valid or justifiable reason with the intention of
not r eclaiming it, or terminating hs possession and control
thereof.
When there is abandonment of office.
A public office is not deemed property but
like any other right or property it may be abandoned.
1) Clear intention to abandon office.
2)Acceptance of another office.
3) Concurrence of overt acts and intention.
4) Failure to discharge duties of office, or to claim or
resume it.
5)Acquiescence by the officer.
By prescription of right to office.
A person who claims a right to a public office
occupied by another may bring an actio n determine by
what authority the latter assumes to hold and exercise the
office in question and ascertain who is entitled to it.
1) Prescriptive period for filing petition for quo
warranto. - Under the Rules of Court, the proceeding of quo
warranto is the proper and appropriate remedy against public
officer or employee for his ouster from office which should be
commenced within one year after the cause of such ouster or
the right of the plaintiff to hold such position arose.
2) Rationale for the one-year period- The rationale is
that title to public office should not be subjected to
uncertainties but should be determined as speedily as
possible. Conseuently, the period runs even when there is no
person as yet appointed to succeed in the position and even
during the pendency of a motion for reconsideration in
the administrative level/
3) Non-compliance of prescriptive period- Exceptional
circumstances attending, however, may justify the non-
application of the prescriptive period enunciated above in order
to grant relief that will serve rhe ends of justice. Thus, failure to
file quo warranto proceedinds does not operate adverselt
against a dismissed government employe where it was the
repeated assurance of responsible government officials which
contributed to the delay on the filing of the complaint for
reinstatement.
D. ACTS OF THE GOVERNMENT R THE PEOPLE
Removal – entails the ouster of an incumbent before the
expiration of his term. It impies that the office exists after the
ouster. Anoter term used is dismissal
What constitutes removal:
1. appointment to another office
2. transfer to another office
3. Demotion- the lowering of position with a lower rate of
compensation is also equivalent to removal if no cause is
shown for it when it is not a part of any disciplinary action. It is
defined as the mvement from one position to another involving
the issuance of an appointment with diminution in duties,
responsibilities, status or rannk which may or may not involve
reduction in salary.
4. Reassignment- a reassignment in good faith and in the
interest of the serive is permissible and valid even with the
employee's prior consent. It is defined as the movement of an
employee frm organization unit to another in the department or
agency which does not involve a reduction in rank, status or
salary and does not require the issuance of an appointment.
5. Constructive removal or dismissal – is defined as a quitting
because continued employment is rendered impossible,
unreasonable or unlikely, as when there is demotion in rank or
of pay. It exists when an act of clear discrimination, Grounds for disciplinary action under the Local Government
insensibility or disdain by an employer or superior becomes Code.
unbearable to the empoyee, leaving him with no option but to
forego his continued employment. Hence, the employee is 1. Disloyalty to the Republic of the philippines
deemed to have been illiegally dismissed. This may occur 2. Culpable violation of the Constitution
although there is no diminution or deduction of salary. It may 3. Dishonesty, oppression, misconduct in office and
be a transfer from one position of dignity to a more servile or neglect of duty
menial job. 4. Commission of any offense involving moral turpitude
or an offense punishabe by at oeast prision mayor.
Power of removal of the President. 5. Abuse of authority
6. Unauthorized absence for fifteen (15) consecutive
The Constitution contains no provision expressly vesting in the working days except in the case of members of the
President the power to remove exsecutive officials from their sangguniang panlalawigan, sangguniang panglunsod,
posts. Nevertheless, the power is possessed by him, as it is sangguniang bayan, and sangguniang barangay, and
implied from any of the following: 7. Applicaion for, or acquisition of, foreign citizenship or
residence or the status of an immigrant of another
1. from his power to appoint country
2. from the nature of the executive power exercised by 8. Such other ground as may be provided in the Codse
the President, the power to remove being executive in and other laws.
nature
3. from the President's duty to execute the laws Grounds for disciplinary action under the Civil Service Law
4. from the President's control of all departments,
bureaus and offices 1. Dishonesty
5. from the provision that no officer or employee in the 2. Oppression
Civil Cservice shall be removed or suspended except 3. Negect of duty
for cause provided by law. 4. Misconduct
Extent of the President's power of removal. 5. Disgraceful and immoral conduct
6. Being notoriousy undesirabe
1. With respect to non-career officers exercising purely 7. Discourtesy in the course of official duties
executive functions whose tenure is not fixed by law 8. Inefficiency and incompetence in the performance of
(i.e. members of the Cabinet), the President may official duties
remove them with or without cause and Confress may 9. Receiving for personal use a fee, figt or other valuable
not restrict such power. thing in the course of officia duties or in connection
2. With respect to officers exercising quasi-legislative or therewith when such is given by any person in the
quasi-judicial functions. hope or expectation of receiving a favor or better
3. With respect to constitutional officers removable only treatment than that accorded other persons, or
by means of impeachment and judges of lower courts, committing acts punishable under the anti-raf laws
they are not subject to the removal poewr of the 10. Conviction of a crime involving moral turpitude
President. 11. Improper or unauthorized solicitation of contribution
4. With respect to civil service officers, the Peresident from subordinate employees and by teachers or
may remove them only for cause as provided by law schoo officials from school children
5. With respect to any officer or employee holding 12. Violation of existing Civil Service Law and rules or
temporary, provisional or acting appointments, the reasonable office reguations
Presidnet may remove them at his pleasure with or 13. Falsification of official documents
without cause. 14. Frequent unauthorized absences or tardiness in
6. With respect ot officers holding public offices created reporting for duty, oafing or frequent unauthorized
by aw where i9t is provided that they shall hold office absences from duty during regular office hours.
at the pleasure of the President their replacement is 15. Habitual drunkenness
not a removal but a mere expiration of the terms of 16. Gambling prohibited by aw
office; but with respect to officers holding public 17. Refusal to perform official duty or render overtime
offices crfeated by aw which authorizes the President service
to remove officers at pleasure, the President may 18. Disgrace, immoral or dishonest conduct prior to
remove them only for cause if they belong to the civil entering the service
serviced in view of the requirement of the Constitution 19. Physical or mental incapacity or disability due to
7. With respect to those whose appointments were immoral or vicious havits
made on bases other than those of the usua test of 20. Borrowing money by superior officers from
merit and fitness utilized for the career sedrvice, their subordinates or lending by subordinates to superior
tenure is co-terminous with that of the appointing officers
authority or subject to his peasure. 21. Lending money at usurious rates of interest
8. With respect to local elective officials, see infra 22. Willful failure to pay just debts or willful failure to pay
taxes due to the government
Grounds for remova or suspension under the Constitution 23. Contracting loans of money or other property from
persons with whom the office of the empoyee
1. Member opf Congress – each house may punish its concerned has business relations
members for disorderly behavior and with the 24. Pursuit of private business, vocation or profession
concuerrence of 2/3 of all its members, suspend or without the permission required by Civil Service rules
expel a memb er. A penalty of suspension, when and regulations
imposed,k shall not exceed 60 days. 25. Insubordination
2. The President, the Vice-President, the Members of 26. Engaging, directly or indirectly, in partisn political
the Supreme Court, the members of the Constitutional activities by one holding non-political office
Commissions, and the Ombudsman- they may be 27. Conduct prejudicial to the best interest of the service
removed from office, on impeachment for and 28. obbying for personal interest or gain in legislative
conviction of, culpabe violation of the Constitution, halls and offices without authority
trason, bribery, graft and corruption, other high 29. Promoting the sale of tickets in behalf of private
crimes, or betrayal of public trust. enterprises that are not intended for charitable or
3. Member of the judiciary-they shall hold office during public welfare purposes and even in the latter cases if
good behavior until they reach the age of 70 years or there is no prior authoreity
become incapacitatied to disscharge the duties of 30. Nepotism
their office.
4. Civil service officers or employees-they shall not be Nepotism.
removed or suspended except for cause provided by
law. The Civi Service Decree prohibits all appointments in the
national and local governments or any branch or
instrumentality thereof, including government-owned or
controlled corporations, made in favor of a relative of the:
1. appointing authority
2. recommending authority
3. chief o fthe bureau or office
4. person exercising immediate supervision over the
appointtee
The following are exempted from the operation of the rule of
nepotism:
1. persons employed in a confidential capacity
2. teachers
3. physicians
4. member of the Armed Forces of the Philippines
Grounds for disciplinary action under the Code of Conduct and
Ethical Standards
1. Directly or indirectly having financial and material
interest in any transaction requiring the approva of his
office
2. owning,controlling, managing or acepting employment
as officer, employee, consutant, counsel, broer, agent,
trustee, or nominee in any private enterprise
reguated, supervised or licenses by his office, unless
expressly allowed by law
3. engaging in the private practice of his profession
unless authorized by the Constitution, law or
regulation, provided that such practice will not conflict
or tend to conflict with his official functions
4. recommending any person to any position in a private
enterprise which has a regular or pending officia
transaction with hi \s office, uness such
recommendation or referral is mandated by :
a. law
b. international agreements,
c. commitment and obligation
5. disclosing or misusing confidential or classifed
information officially known to him by reason of his
office and not made available to the public, to further
his private interests or give advantage to anyone, or
to prejudice the public interest
6. soliciting or accpeting, directly or indirectly, any gift,
gratuity, favor, entertainment, oan or anything of
monetary value which in the course of his official
duties or in conneciton with any peration being
regulated by or any transaction which may be affected
by the functions of his office
7. obtaining or using any statement filed under the Code
for any purpose contrary to morals or public policy or
any commercial purpose other than by news and
communications media for dissemination to the
general public
8. unfair discrimination in rendering public service due to
party affiliation or preference
9. disloyalty to the Republic of the Philippines and to the
Filipino peope
10. failure to act promptly on letters and request within
fifteen (15) days from receipt, except as otherwise
provided in the Implementing Rules
11. failure to process documents and compete action on
documents and papers within a reasonable time from
preparation thereof, except as otherwise provided in
the Implementing Rues
12. failure to attend to anyone who wants to avail himself
of the services of the office or to act promptly and
expeditiously on public personal transactions
13. failure to file swon statements of assets, iabilities and
net worth, and disclosure of business interests and
financia connections
14. failure to resign from his position in the private
business enterprise with thirty (30) days from
assumption of public office when conflict of interest
arises, and/or failure to divest himself of his
shareholding or interests in private business
enterprise within sixty (60) days from such
assumption of public office when conflict of interest
arises.
Administraative investigation of elective local officials
1. Form and filinf of adminsitrative compaints . A verified
complaint against local elective officials shall be
prepared as follows:
a. a complaint against any elective official of a province, a
highly urbanized city, an independent component city, or
composnent city shall be filed before the Office of the
President
b. a complaint against any elective offcial of municipality shall
be filed before the Sangguniang Panlalawigan whose decision
may be appealed to the Office fo the President
c. a compaint against any elective barangay official shall be
fied before the Sangguniang Panlungsod or sangguniang
bayan ocncxerned whose decision sha be final and executory
2. Notice of hearing
3. Preventive suspension- it may be imposed:
a. by the President, if the respondent is an elective officia of a
province, a highy urbanized city or an independent component
city
b. by the governor, if the respondent is an elective official of a
compnenet city or municipality
c. by the mayor, if the respondent is an elective official of the
barangay
4. Salary of the respondent pending suspension
5. rights of respondent
6. form and notice of decision
7. administrative appeals – decisions in admin cases
may within thirty (30) days fromreceipt thereof, be
appealed to the following:
a. sangguniang panlalawigan, in the case of decisions of the
sanguniang panlungsod of component cities and the
sanggunniang bayan
b. the Office of the President in the case of decisions of the
sangguniang panlalawigan and the sangguniang panlungsod
of highly urbanized cities and independent component cities
8. execution pending appeal
The provisions of AO 23 are given below:
1. how initiated
2. where complaint filed
A copy of the complaint shall be furnished to each of the
folowing:
a. the office of the Godrnor in the case of component cities
b. the Metropolitan Manila Authority in the case of cities and
municipalities in Metro Manila
c. the DILG in all cases
3. Notice
4. Where anser fied
A copy of the answer shal be furnished to each of the following:
a. the complainant
b. the office of the Governor in the case of component cities
c. The Metroploitan Manila Authority in the case of cities and
m,unicipalities in Metropolitan Manila
d. DILG in all cases
5. commencement of preliminary investigation
6. evaluation
7. dismissal motu proprio
8. 90-day ban
9. power to suspend- preventive suspension may be
imposed by the Disciplining Authority in cases where
the repsondent is an elective officials of the folowing
LGUs:
a. provinces
b. highly urbanized cities
c. independent component cities
d. cities or municipalities in Metropolitan Manila
10. 90-day ban
11. Grounds
12. Duration
13. automatic reinstatement
14. salary of respondent pending suspension
15. formal investigation
16. termination of final investigation
17. rendition of decision
18. finality of decision
19. execution pending appeal
20. penalty
21. sus[ension
22. removal
23. executive clemency
Disciplinary action against appointive local officials and
employees.
1) Administrative discipline – Investigation and adjudication
of administrative complaints against apoointive local officials
and employees as well as their suspension and removal shall
be in accordance with the civil service law and rules and other
pertinent laws. The results of such administrative investigations
shall be reported to the Civil Service Commission.
2) Preventive Suspension.
(a) The local chief executives may preventively
uspend for a period not exceeding sixty (60) days any
subordinate official or employee under his authority pending
investigation if the charge against such official or
employee involves dishonesty, oppression or grave misconduct
or neglect in the oerfrmance of duty, or if there is reason
to believe that the respondent is guilty of the charges
which would warrant his removal from the service.
(b) Upon expiration of the preventive suspension, the
suspended official or employee shall be automatically
reinstated in office without prejudice to the continuation of the
adminstrative proceedings against him until its termination.
If the delay in the proceedings of the case is due to the
fault, neglect or request of the respondent, the time of the delat
shall not be counted in computing the period of
suspension herein provided.
3) Administrative investigation – In any local government
unit, adminstrative investigation may be conducted by a person
or committee duly authorized byb the local chief executive.
Said person or committee shall conduct hearings on the cases
brought against appointive local offiials and employees and
submit their findings and recommendations to the local chief
executive concerned within fifteen(15) days from the
conclusion fo the hearings. The administrative cases herein
mentioned shall be decided within ninety (90) days from thr
time the respondent is formally notified of the charges.
4) Disciplinary jurisdiction – Except as otherwise provided
by law, the local chief executive may impose the penalty of
removal from service, demotion in rank, suspension for not
more thatn one (1) year without any pay, fine in an amount not
exceeding six (6) months' salary, or reprimand and otherwise
discipline subordinate officials and employees under his
jurisdiction.
5) Execution pending appeal – An appeal shall not prevent
the execution of a decision of removal or suspension of a
respondent-appellant. In case the respondent-appellant is
exonerated, he shall be reinstated to his position with all the
rights and privileges appurtenant thereto from the time he had
been dprived thereof.
Disciplinary jurisdiction of the Civil Service Commission.
1) Scope- The Civil Service Commission has jurisdiction over
all employees of Government branches, subdivisions,
instrumentalities, and agenciesm including government owned
or controlled corporations with original charters. As the
Commission on Elections is the “sole judge” of call election
cases and the Commission on Audit, with respect to
government accounts, the Civl Service Commission is the
single arbiter of all controversies pertaining to ivil service
positions in the governement service, whether career or non-
career.
2) Appellate jurisdiction over administrative disciplinary
cases – The CSC shall decide upon appeal all administrative
disciiplinary cases involving the imposition of a penalty of
suspension for more than thirty (30) dats, or fine in an amount
exceeding thirty (30) days' salary, demotion in rank or salary or
transfer, removal or dismissal from office.
3) Jurisdiction of heads of departments, agencies and
instrumentalities. - The heads of departments, agenies and
instrumentalities, provinces, cities and municipalities shall have
jurisdiction to investigate and decide matters involving
disciplinary action against officers and employees under their
jurisdiction.
4) Investigation by a regional director or similar official –
An investigation may be entrusted to a regional director or
similar officials who shall make the necessary report and
recommendation to the chief or bureau or office or department
within the priod.
5)Execution of decision pending appeal - An appeal shall
not stop the decision from being executory nd in case the
penalty is suspension or removal the respondent shall be
considereed as having been under preventive suspension
during the pendency of the appeal in the event hw wins an
appeal.
6) Reconsideration of a final and executory decision not
allowed – The CSC has no power or ahuthority to reconsider
its decision which has become final and executory even if the
Commission later discovers that its judgment is erroneous.
7) Power to terminate employmenyt; academic freedom of
institutions of higher learning. - As corporate entities,
educational institutions of higher learning are inherently
endowed with the right to establish their policies, academic and
otherwise, unhampered by external controls mor pressure.
*skipped these parts. Not enough time.*
• Appeal by “party adversely affected by the
decision.”
• Withdrawal of complaint against respondent.
• Cessation from office of respondent.
• Procedure in adminstrative cases against non-
Presidential appointees.
APPEAL TO THE PRESIDENT
1. Period to Appeal
2. Appeal, how taken
3. Appeal fee
4. Transmittal of record
5. Perfection of Appeal
6. Period to file appeal memorandum
7. Appeal Memorandum
8. Non-compliance with requrierements
9. Stay of execution
10. Action to appeal
11. Comment
12. Submision of resolution
13. Memorandum decision
14. Finality of decision
15. Executory nature of decision
16. Withdrawal of Appeal
17. Delegation of Authority
18. Limitation o appeals
19. Application of Rules of Court
MERIT SYSTEM PROTECTION BOARD
Composition :
1. Commissioner
2. Two Associated Commissioner
1. Power and Function
2. Appellate jurisdiction of the Civil Service Commission
PREVENTIVE SUSPENSION
1. Kinds
a. Preventive suspension pending investigation
b. Preventive suspension pending appeal
2. Preventive suspension pending investigation
3. Right to compensation whre employee is exonerated
4. Preventive suspension pending appeal
5. Suspension from office under section 13 of RA No. 3019
6. Pre-condition for suspension
7. Duration of suspension
8. In the case of members of the Philippine National Police
9. In the case of local elective officials
10. In the case of presidential appointees and other elective
officials
11. Where suspension imposed by Ombudman
12. Prior notice and hearing not required
13. Members of Congress covered by RA No. 3019
SUSPENSION AND REMOVAL DISTINGUISHED
1. As to duration
2. As to nature
3. As to time of imposition
SCHEDULE OF ADMINISTRATIVE PENALTIES
A. PENALTIES FOR GRAVE OFFENSES
1. Dismissal
a. Dishonesty
b. Gross neglect of duty
c. Grave misconduct
d. Being notoriously undesirable
e. Conviction of a crime involving moral turpitude
f. Falsification of offical documents
g. Physical or mental incapacity or disability due to
visious habits
h. Engaging, directly or indirectly, in partisan political
activities by one holding non-political office
I. Receiving for personal use of a fee, gift or other
valuable thing
j. Contracting loans of money or other property from
persons with whom the office of the employee has
business relations
k. Soliciting or accepting directly or indirectly, any gift,
gratuity, favor, entertainment, loan or anything of
monetary value
l. Disloyalty to the Republic of the Philippine and to
the Filipino peopke
2. Suspension from six months and one day to one year for the
first offense and dismissal for the second offense.
a. Oppression
b. Disgraceful and immoral conduct
c. Inefficiency and incompetence in the performance of official
duties
d. Frequent unathorized absences or tardiness in reporting for
duty, loafting or frequent unauthorized absences from duty
during office hours
e. Refusal to perform offical duty
f. Gross insubordination
g. Conduct grossly prejudicial to the best intereset of the
service
h. Directly or indirectly having financial and material interest in
any transation requiring the approval of his office
I. Owning, controlling, managing or accepting employment as
officer, employee, consultant, counsel, broker, agent, trustee,
etc.
j. Engaging in the private practice of his profession unless
authorized by the Constitution
k. Disclosing or misusing confidential or classified information
officially know to him
l. Obtaining or using any statements filed under the Code of
Conduct and Ethical Standards
B. Penalties for Less Grave Offenses
1. Suspension from one month and one day to six months for
the first offense and dismissal for the second offense.
a. Simple neglect of duty
b. Simple misconduct
c. Gross discourtesy in the course of official duties
d. Gross violation of existing Civil Service Law and
rules of serious nature
e. Insubordination
f. Habitual drunkenness
g. Nepotism
h. Recommending any person to any positio in
private enterpries which has a regular or pending
officeal transactions with his office
I. Unfair discrimination
j. Failure to file sworn statements fo assets, liabilities
and net worth
k. Failure to resign from his position in the private
business enterprise within 30 days from assumption
of public office
C. PENALTIES FOR LIGHT OFFENSES
1. Reprimand for the first offense, suspension from one day to
thirty days for the second offense, and dismissal for the third
offense
a. Neglect of Duty
b. Discoutesy in the course of official duties
c. Improper or anuthorized solicitation of
contributions from subordinate employees
d. Violation of reasonable office rules and regulations
e. Gambling prohibited by law
f. Refusal to render overtime service
g. Disgraceful, immoral or dishonest conduct prior to
entering the service
h. Borrowing money by superior officers from
subordinates
I. Lending money at usurious rate of interset
j. willfil failure to payjust debts or wilfull failure to pay
taxes due the government
k. Pursuit of private business, vocation or profession
without persmission required by Civil
Service rule and regulations
l. Lobbying for personal interest or gain in legislative
halls and offices without authority
m. Promoting the sale of tickets in behalf of private
enterprise
n. Failure to act promptly on letters and requests
within 15 days from receipt
o. Failure to process documents and complete
actionon documents and papers within a
reasonable time
p. Failure to attend to anyone who wants to avail
himself of the services of the offices
D. PENALTIES AND DETERMINATION OF PENALTIES
1. For offenses under Presidentail Decree No. 807
2. For offenses under RA No. 6713
3. In determination of penalties to be imposed,
mitigating and aggravating circumstances may be
considered
E. ACCESSORY PENALTIES
1. The penalty of dismissal shall carry withit that of
cancellation of eligibility, forfeiture of leave credits and the
retirement benefits, and the disqualification s for re-
employment in the government service.
2. The penlaty of forced resignation shall carry with it
that of forfeiture of leave credits and retirment benefits, and the
disqualification for employment in the government service for a
period of one year.
3. The accessory penalties can still be imposed on a
government official nothwithstanding the impossibility of
effecting the principal penalty of dismissal because of his
earlier removael from office.
F. REMOVAL OF ADMINISTRATIVE PENALTIES OR
DISABILLITIES
The Sandiganbayan
1. Cases subject to its jurisdiction
2. Officials and private individuals subject to its jurisdiction
3. Jurisdiction of ordinary courts
The Ombudman
1. Power, functions, and duties of the Ombudsman
2. Officials subject to Ombudsman disciplinary authority
By Impeachment
1. Impeachable officials
2. Power to initiate and to try impeachement cases
Meaning and purposes of impeachment
1. Impeachment has been defined as a method of national
inquest into the conduct of public men
2. Its purpose is to protect the people from official
delinquencies or malfeasance\
By abolition of office
1. Authority with power to abolish
2. Abolition of office even druing term of incumbent
What Constitute abolition

Removal from office and termination by abolition of an

office distinguished

Abolition must not constitute removal without cause

1. Right to public office not absolute
2. where abolition done in bad faith
3. Requisites of valid abolition
4. Instances of valid abolition

Termination through reorganization

1. Based on a valid purpose and done in good faith
2. Instances of invalide reorganization

By conviction of a crime

What constitutes conviction

Effects of pardon

By recall

Purpose and nature of the power of recall

1. Effective speedy remedy for removal

2. Political in nature involving exercise of judicial functions
3. Essentially the power of removal exercised by the people
themselves

Recall of local elective officlials

1. By whom exercised
2. Initiation of the recall process
3. Election on recall
4. Effectivity of recall
5. Probition ofrom resignation
6. Limitation on recall