Professional Documents
Culture Documents
Dom: The Provincial Governor has the power The basic idea of government in the Philippine
to reprimand or temporarily suspend a Islands, as in the United States, is that of a
Municipal President. popular representative government, the officers
being mere agents and not rulers of the people,
Petitioner has argued that he has been deprived
one where no man or set of men has a
of an office, to which he was elected by popular
proprietary or contractual right to an office, but
vote, without having an opportunity to be
where every officer accepts office pursuant to
heard in his own defense. The respondents
the provisions of the law and holds the office as
reply that all that the provincial governor and
a trust for the people whom he represents.
the provincial board have done in this case is to
comply with the requirement of the law which
they are sworn to enforce.
Abeja vs. Tanada
Ruling: Suspension without notice and hearing One Liner: Public office being personal, the
is valid. death of a public officer terminates his right to
Ordinarily, a public official should not be occupy the contested office and extinguishes
removed from office without notice, charges, a his counterclaim for damages.
trial, and an opportunity for explanation. While Facts: Petitioner Abeja and private respondent
a day in court is a matter of right in judicial Rosauro Radovan were contenders for the
proceedings, in administrative proceedings - it is office of municipal mayor in the national
otherwise since they rest upon different election.
principles. In certain proceedings of an
administrative character the right to a notice Private respondent was credited with 6,215
and hearing are not essential to due process of votes as against petitioner's 5,951 votes.
law.
Petitioner filed an election contest covering
Due process is violated only if an office is twenty-two (22) precincts. Private respondent
considered property. However, a public office filed an Answer with a Counter-Protest of the
is not property within the constitutional results in thirty-six (36) precincts.
guaranties of due process. It is a public trust or
During the pre-trial, private respondent's
agency. As public officers are mere agents and
counsel filed a motion praying that the 36
not rulers of the people, no man has a
counter-protested precincts be revised only if it
proprietary or contractual right to an office.
is shown after completion of the revision of the
Every officer accepts office pursuant to law and
22 protested precincts that petitioner leads by a
holds office as a trust for the people whom he
margin of at least one (1) vote.
represents.
The revision of the ballots of the 22 precincts
Notes:
were completed so Abeja filed a motion that a
Power to suspend temporarily may be exercised judgment be rendered based on the results
without notice to the person suspended. from the 22 precincts. The first judge did not
rule on the motion. After, Radovan died.
Radovan was then substituted by the vice The substitution of the deceased Rosauro
mayor (Conrado de Rama) and Radovan’s wife, Radovan's widow, Ediltrudes Radovan, on the
Ediltrudes. Ediltrudes substituted his deceased ground that private respondent had a counter-
husband insofar as the latter’s counterclaim for claim for damages was erroneous.
damages is concerned.
Public office is personal to the incumbent and is
Federico Tañada, the judge who succeeded the not a property which passes to his heirs. The
first judge, ruled that the motion is premature heirs may no longer prosecute the deceased
because the 36 precincts are not yet revised. He protestee's counter-claim for damages against
posits that the 36 precincts may only be revised the protestant for that was extinguished when
if there is at least one point lead by Abeja (as death terminated his right to occupy the
agreed). contested office.
Dom: wa ko kasabot unsa ning revise2 Javier v. Sandiganbayan (medyo taas kay ako giapil
enumeration, e skip lang na ninyo. incase rana mag ask si
sir ana)
n) recommend to the President of Thus, pursuant to the Anti-Graft Law, one is a public officer
the Philippines nominees for the if one has been elected or appointed to a public office.
positions of the Executive Officer Petitioner was appointed by the President to the
and Deputy Executive Officer of the Governing Board of the NDBD. Though her term is only for
Board; a year that does not make her private person exercising a
public function. The fact that she is not receiving a
o) adopt rules and procedures and monthly salary is also of no moment. Section 7, R.A. No.
fix the time and place for holding 8047 provides that members of the Governing Board shall
meetings: Provided, That at least receive per diem and such allowances as may be
one (1) regular meeting shall be held authorized for every meeting actually attended and
monthly; subject to pertinent laws, rules and regulations. Also,
under the Anti-Graft Law, the nature of one's
p) conduct studies, seminars,
appointment, and whether the compensation one receives
workshops, lectures, conferences,
from the government is only nominal, is immaterial
exhibits, and other related activities
because the person so elected or appointed is still
on book development such as
considered a public officer.
indigenous authorship, intellectual
On the other hand, the Revised Penal Code defines a ISSUE: WON the petitioner can be considered a public
public officer as any person who, by direct provision of the officer by reason of his being designated by the BIR as
law, popular election, popular election or appointment by depositary of distrained property
competent authority, shall take part in the performance of
public functions in the Government of the Philippine RULING: The petition is meritorious.
Islands, or shall perform in said Government or in any of Azarcon: A Public Officer or A Private Individual
its branches public duties as an employee, agent, or
subordinate official, of any rank or classes, shall be The Information does not charge petitioner Azarcon of
deemed to be a public officer. being a co-principal, accomplice or accessory to a public
officer committing an offense under the Sandiganbayan's
Where, as in this case, petitioner performs public jurisdiction. Thus, unless petitioner be proven a public
functions in pursuance of the objectives of R.A. No. 8047, officer, the Sandiganbayan will have no jurisdiction over
verily, she is a public officer who takes part in the the crime charged. Article 203 of the RPC determines who
performance of public functions in the government are public officers.
whether as an employee, agent, subordinate official, of
any rank or classes. In fact, during her tenure, petitioner Thus,
took part in the drafting and promulgation of several rules
"(to) be a public officer, one must be —
and regulations implementing R.A. No. 8047. She was
supposed to represent the country in the canceled book (1) Taking part in the performance of public
fair in Spain. functions in the government, or Performing in
said Government or any of its branches public
In fine, We hold that petitioner is a public officer.
duties as an employee, agent, or subordinate
official, of any rank or class; and
ISSUE: The pivotal issue in this case is whether or not Parenthetically, when the Court of Appeals
there was due process when respondent was reinstated respondent to her legitimate post as
replaced by petitioner Anino from her position as Manager II in the Resource Management Division, it
Manager II, Resource Management Division, and merely restored her appointment to the said
demoted as Administrative Officer. position to which her right to security of tenure had
already attached. To be sure, her position as
PETITIONER’S CONTENTION: Respondent was never Manager II NEVER became vacant since her
demoted because “demotion” presupposed a demotion was void. In this jurisdiction, "an
conviction of a charge. Moreover, she was merely appointment to a non-vacant position in the civil
displaced due to a timely protest filed. Lastly, the service is null and void ab initio."
head of the agency is in the best position to know
who can best perform the functions of the office. In this respect, while petitioner Anino's appointment
to the contested position is void, as earlier
RULING: The Court ruled that respondent was discussed, he is nonetheless considered a DE FACTO
irregularly replaced by petitioner Anino in her officer during the period of his incumbency. A de
position as Division Manager and illegally demoted facto officer is one who is in possession of an office
to the position of Administrative Officer. She was not and who openly exercises its functions under color
notified and was not able to participate in the of an appointment or election, even though such
proceedings, hence such was tainted with appointment or election may be irregular.
irregularities.
In Monroy vs. Court of Appeals,26 this Court ruled
Moreover, in Aquino vs. Civil Service Commission, that a rightful incumbent of a public office may
this Court emphasized that "once an appointment is recover from a de facto officer the salary received by
issued and the moment the appointee assumes a the latter during the time of his wrongful tenure,
position in the civil service under a completed even though he (the de facto officer) occupied the
appointment, he acquires a legal, not merely office in good faith and under color of title. A de
equitable, right (to the position) which is protected facto officer, not having a good title, takes the
not only by statute, but also by the constitution, and salaries at his risk and must, therefore, account to
cannot be taken away from him either by revocation the de jure officer for whatever salary he received
of the appointment, or by removal, except for cause, during the period of his wrongful tenure. In the
and with previous notice and hearing." later case of Civil Liberties Union vs. Executive
Secretary, this Court allowed a de facto officer to
Concededly, the appointing authority has a wide
receive emoluments for actual services rendered
latitude of discretion in the selection and
but only when there is no de jure officer.
appointment of qualified persons to vacant positions
in the civil service. However, the moment the In fine, the rule is that where there is a de jure
discretionary power of appointment is exercised and officer, a de facto officer, during his wrongful
the appointee assumed the duties and functions of incumbency, is not entitled to the emoluments
the position, such appointment cannot anymore be attached to the office, even if he occupied the
revoked by the appointing authority and appoint office in good faith. This rule, however, CANNOT be
another in his stead, except for cause. Here, no iota applied squarely on the present case in view of its
of evidence was ever established to justify the peculiar circumstances. Respondent had assumed
revocation of respondent's appointment by under protest the position of Administrative Officer
sometime in the latter part of 1988, which position ISSUE:
WON PETITIONERS WERE VALIDLY SEPARATED
she currently holds. Since then, she has been
– YES COZ TEMPORARY APPOINTMENTS ONLY
receiving the emoluments, salary and other
compensation attached to such office. While her RULING:
MAIN CONTENTION OF PETITIONERS:
assumption to said lower position and her Martinez was the THIRD ranking councilor,
acceptance of the corresponding emoluments hence his designation as acting mayor was not
cannot be considered as an abandonment of her proper. The provincial governor should have made
the designation with the consent of the provincial
claim to her rightful office (Division Manager), she board.
cannot recover full backwages for the period when
she was unlawfully deprived thereof. She is entitled But the CFI countered this by deciding that
his designation is not entirely void, but at most, a de
only to backpay differentials for the period starting facto officer acting under a color of authority, as
from her assumption as Administrative Officer up to distinguished from a usurper who is without title
the time of her actual reinstatement to her rightful nor color of right to an office.
Lacson neither accepted the appointment This is the necessary step to make the
nor assumed the office of fiscal in Tarlac. Romero appointment complete and effective.
assumed office in the fiscal of Negros Oriental. Upon He may or may not accept the appointment
arrival at Dumaguete City, capital of Negros, he or nomination – hence rests solely with the
notified Lacson of his intention to take over, but appointee himself.
Lacson objected. In one case, Romero appeared but As held in the case of Borromeo vs. Mariano,
Lacson objected and asked the judge that Romero be 41 Phil., 327, "there is no power in this
stricken from the record. The judge however denied country which can compel a man to
Lacson’s objection and recognized Romero as accept an office."
provincial fiscal of Negros.
2&3) A PROVINCIAL FISCAL CAN ONLY BE
When Lacson asked for his salary as REMOVED FOR CAUSE PROVIDED BY LAW,
provincial fiscal, the Provincial Treasurer turned down HENCE ENJOY SECURITY OF TENURE.
his request and instead, gave it to Romero, pursuant
to the reply of the Sec. of Justice upon the treasurer’s NATURE OF THE OFFICE OF PROVINCIAL
query concerning who is the fiscal in Negros. FISCAL:
1) LACSON WAS NOT VALIDLY APPOINTED (Background lng in case mangutana) The merit
BECAUSE OF HIS NON-ACCEPTANCE system was introduced upon the establishment of the
American Regime in the Philippines. The Schurman
STAGES OF APPOINTMENT: Commission advocated in its report that the greatest
care should be taken in the selection of officials for
administration.
IN THIS CASE:
Romero argues that the power of removal is
inherent in the power to appoint, hence the pres daw
can remove Lacson and transfer him. Also, the
appointment daw of a provincial fiscal is not for a fixed
term and no tenure of office daw. Nya, granting can
be removed on valid cause only, the law daw does
not provide for any grounds constituting valid cause.