V.

LIABILITY OF PUBLIC OFFICERS

a. Basic Concepts
General Rule on Liability
 A public officer is not liable for injuries sustained by another as a consequence of official acts done within the
scope of his official authority, except as otherwise provided by law.
 Not civilly liable for acts done in official capacity UNLESS bad faith, malice, negligence
 Liable for willful or negligent acts done by him which are contrary to morals, law public policy and good customs
EVEN if he acted under instructions of his superiors.
 Local governments are not exempt from liabilities for DEATH or INJURY to persons or DAMAGE to property.
Liability on Contracts
 personally  entered without or exceeded his authority

Liability for Tort

 personally  beyond the scope of his authority or exceeds power conferred upon him; ultra vires or where there
is bad faith

Presidential Immunity from Suit

 during tenure of the President
 After his tenure, cannot invoke immunity from suit for civil damages arising out of acts done by him, while he
was president which were not performed in the exercise of official duties.
 Not prevented from instituting suit.

Threefold Liability Rule

 Wrongs acts or omissions of a public officer may give rise to civil, criminal and administrative liability.
 Action for each can proceed independently
 Dismissal of one does not foreclose action for others.  difference in quantum of evidence

Liability of Minsiterial Officers

1. Nonfeasance – neglect or refusal to perform an act which is the officer’s legal obligation
2. Misfeasance – failure to exercise that degree of care, skill and diligence in the performance of official duty
3. Malfeasance – doing, through ignorance, inattention or malice of an act which he had no legal right to perform.

Command Responsibility
Head of a department or a superior officer shall not be civilly liable for the wrongful acts, omission of duty, negligence or
misfeasance of his subordinates, UNLESS he has actually authorized by written order the specific act or misconduct.

B. STATUTORY BASIS
Statutory Liability
 Article 27, CC – refuses or neglects without just cause to perform his official duty, whereby a person suffers
moral or material loss; without prejudice to administrative disciplinary sanction
 Article 32, CC – liability of public officer for violation of constitutional rights
 Article 34, CC – liability of peace officer who fails to respond or give assistance to persons in danger of injury to
life or property
 w/o just cause. Neglects to perform a duty within a period fixed by law or regulation or within a reasonable period
if none is fixed

C. CONSTITUTIONAL BASIS

Cases:
1. Tabuena vs Sandiganbayan 268 SCRA 332
2. Pajares vs Alipante 154 SCRA 58
3. OCA vs Judge Del rosario 239 SCRA 135 (1994)
4. Rama vs CA 148 SCRA 496 (1987)
5. Cui vs Madayag 245 SCRA 1
6. Dela Cruz vs Judge Conception 235 SCRA 597 (1994)

VI. Termination of Official Relations

1. Modes:
Expiration of Term
Resignation
Abandonment
Acceptance of an incompatible office
Removal
Impeachment
Forfeiture
Recall
Abolition of office
Death

Modes of Terminating Official Relationship

1. Expiration of term or tenure
2. Reaching the age limit
3. Resignation
4. Recall
5. Removal
6. Abandonment
7. Acceptance of an Incompatible Office
8. Abolition of Office
9. Prescription of the Right to Office
10. Impeachment
11. Death
12. Failure to Assume Elective Office w/in 6 months from proclamation
13. Conviction of a Crime
14. Filing of Certificate of Candidacy

Expiration of term or tenure

 Courtesy resignation during the EDSA Revolution  expiration of term; entitled to retirement benefits
 Termination presupposes an overt act committed by a superior officer
 Commencement of Term of Office
1. statute fixes a period  upon qualification
2. no time is fixed by law  date of appointment/election
3. law fixing the term is ambiguous  one that fixes the term at the shortest period should be
followed
4. both duration of the term of office and the time of its commencement/termination are fixed by
constitutional or statutory provision  person appointed or elected for vacancy shall hold the
same only for the unexpired portion
5. only the duration is fixed, no time is fixed for beginning or end  person selected to fill the
vacancy may serve the full term and not merely the unexpired balance of the prior incumbent’s
term
6. office is created/officer appointed for the purpose of performing a single act or accomplishment
of a given result  office terminates and the authority ceases with the accomplishment of the
purposes which called it into being.
 Principle of Hold-Over: public officer is entitled to hold his office until his successor shall have been duly
chosen and shall have qualified. Purpose is to prevent hiatus in public service.
 Legislative intent of not allowing hold-over must be clearly expressed or at least implied
in the legislative enactment, otherwise, it is reasonable to assume that the law-making
body favors the same.
  Article 237, RPC which penalizes public officer who shall continue to exercise the duties
and powers of the office beyond the period provided by law.
 During this period, de jure officer
 Where the law fixes a specific sate for the end of the term  implied prohibition against
hold-over

Reaching the age limit

 Compulsory Retirement Age
 70 for members of judiciary
 65 for other government officers or employees
 Special Retirement Laws: RA 1616 – allows optional retirement after an officer has rendered a minimum
number of years of government service, when availed of by the public officer, will result in the
termination of official relationship through reaching the age limit or retirement.

Resignation

 Act of giving up or the act of a public officer by which he declines his office and renounces the further
right to use it.
 Intention to surrender, renounce, and relinquish the office and the acceptance by competent and lawful
authority
 Voluntariness – when procured by fraud, may be invalidated
 Courtesy resignation lacks the element of voluntariness and therefore is not a valid resignation.
 Need for Acceptance – not complete until accepted by competent authority
 Article 238, RPC penalizes any public officer who, before the acceptance of his resignation, abandons his
office to the detriment of the public service.
 If the public officer is mandated by law to hold-over, the resignation, even if accepted, will not be
effective until after appointment/election of his successor.
 Accepting Authority – RA 7160, officers authorized to accept resignation:
1. President – governor, vice-governor, mayor and vice-mayor f highly urbanized cities and
independent component cities
2. Governor – municipal mayors and vice-mayors, city mayors and vice-mayors of component
cities
3. Sanggunian – sanggunian members
4. City or municipal mayor – barangay officials
 Resignation deemed accepted if not acted upon w/in 15 days from receipt
 Resignation by Sanggunian members shall be deemed accepted upon:
1. presentation before an open session of the sanggunian concerned
2. duly entered in its record
3. EXCEPT where sanggunian members are subject to recall elections or to cases
where existing laws prescribe the manner of acting upon such resignation
 If the law is silent on who shall accept:
1. appointive officer resigns  appointing authority
2. elective officer resigns  officer authorized by law to call an election in order to fill the vacancy
 President and VP  Congress
 Members of Congress  respective Houses

Effective Date of Resignation

 Date specified in the tender
 No date specified public officer receives notice of the acceptance NOT the date of the letter or notice of
acceptance

Recall
 Termination of official relationship of an elective official for loss of confidence prior to the expiration of
his term through the will of the electorate.
 By Whom: registered voters of a LGU to which such local government official belongs
 Initiation of the Recall Process: registered voters of the LGU
  Procedure for Initiating Recall
1. initiated upon petition by at least 25% of the total number of registered voters in the LGU
2. written petition
 duly signed before the election registrar/representative
 in the presence of a representative of the petitioner
 representative of the official
 in a public place, in the province, city, municipality or barangay
 filed with the COMELEC through its office in the LGU concerned
3. COMELEC shall cause the publication of the petition
 In a public and conspicuous place
 Period not less than 10 days nor more than 20 days
 Purpose of verifying the authenticity and genuineness of the petition and required percentage
of voters
4. Lapse of the period, COMELEC or its duly authorized representative, shall announce the acceptance
of candidates to the position and prepare list of candidates, including the name of the official sought
to be recalled.
 Election on Recall

 Upon filing of a valid petition, COMELEC shall set date for the election on recall
 Not later than 30 days after the filing of the resolution/petition in the case of
barangay/city/municipal officials
 Not later than 45 days in the case of provincial officials
 Officials sought to be recalled, automatically considered as registered candidate.
 Effectivity of Recall
 Recall of an elective official shall be effective upon the election an proclamation of a
successor.
 If the official sought to be recalled receives the highest number of votes  confidence in him
is affirmed and he shall continue in office
 Prohibition from Resignation
 Limitation on Recall
1. any elective official may be subject of a recall election once during his term of office for lack of
confidence
2. no recall shall take place within one year from the date of the official’s assumption to office or one
year immediately preceding a regular local election
 Sangguiniang Kabataan election is not a regular election;
 Not barred by barangay election
 Approaching local election must be one where the position of the official to be recalled is
actually contested and to be filled by the electorate

Removal
 Constitutional Guarantee of Security of Tenure – not removed or suspended except for causes provided
by law
 Career service officers and employees causes enumerated in law and in accordance with procedure
prescribed
 Removal not for just cause or non-compliance with prescribed procedures  reversible, reinstatement
with back salaries and without loss of seniority rights
 Demotion is tantamount to unlawful removal is NO CAUSE is shown or it is NOT PART OF
DISCIPLINARY ACTION
 Unconsented transfer resulting in demotion in rank or salary is tantamount to removal without just cause.
 A transfer that results in promotion or demotion, advancement or reduction or a transfer that aims to lure
the employee away from his permanent position, cannot be done without the employee’s consent, for that
would constitute removal from office.
 No permanent transfer can take place unless the officer or employee is first removed from the position
held, and then appointed to another position.
 Some cases on Grounds for Disciplinary Action:
 1. Dishonesty – concealment or distortion of truth in a matter of fact relevant to one’s office or
connected with the performance of his duty; e.g. use of fake or spurious civil service eligibility
2. Conduct prejudicial to the best interest of the service
3. Misconduct – transgression of some established and definite rule of action; wrongful intention
 Administrative Code of 1987: 1) Unsatisfactory conduct and 2) Want of capacity
 Civil Service Law: inefficiency and incompetence in the performance of official duties
 Poor performance falls within the concept of inefficiency and incompetence
 Inefficiency and incompetence can only be determined after the passage of sufficient time,
hence, the probationary period of 6 months.
 Poltical or non-career members of the Foreign Service is coterminous with that of the appointing
authority or subject to his pleasure
 Holding primarily confidential positions continue in office as long as the confidence in them endures;
termination is justified on the ground of lack of confidence  removal: expiration of term
 Holding temporary or acting appointments  may be removed at any time, without necessity of just
cause or a valid investigation.

Procedure in Administrative Case

1. Administrative case against a public official shall continue despite withdrawal of the complaint since they do not
involve purely private matters but are impressed with public interest by virtue of the public character of the public
office.
2. Substantial proof and not clear and convincing evidence or proof beyond reasonable doubt is sufficient.
 Satisfied when the employer has reasonable ground to believe that the employee is responsible for the
misconduct and his participation renders him unworthy of trust and confidence demanded by his position.

Jurisdiction in Disciplinary Cases

1. Heads of ministries, agencies and instrumentalities, provinces, cities and municipalities have jurisdiction to
investigate and decide matters involving disciplinary action against officers and employees under their
jurisdiction.
 Decision final in case the penalty imposed is suspension of not more than 30 days or fine in an amount
not exceeding 30 days salary.
 Other cases, decision shall be initially appealed to the department head and finally to the Civil Service
Commission and pending appeal, shall be executory EXCEPT when the penalty is removal, in which case
it shall be executory only after confirmation by the department head.
 Committee to hear administrative charge against public school teacher  representative of the teacher’s
organization
2. Civil Service Commission has appellate jurisdiction. Case may be filed directly to it; it may decide on the case or
deputize a department or agency

Preventive Suspension
 The proper disciplining authority may preventively suspend any subordinate officer or employee under
his authority pending an investigation if the charge against such officer or employee involves 1)
dishonesty, 2) oppression or grave misconduct or 3) neglect in the performance of duty or 4) if there is
reason to believe that the respondent is guilty of charges which would warrant his removal from the
service.
 Not a penalty. Enable authorities to investigate.
 If the investigation is not finished and a decision is not rendered within a period of 90 days, the
suspension will be lifted and the respondent will automatically be reinstated.
 If after investigation, he is innocent of the charges and is exonerated, he should be reinstated.
 Preventive suspension can be ordered even without a hearing.
 Authority to preventively suspend: exercised concurrently by the Ombudsman
 RA 6770: 6 months
 Court may validly order the preventive suspension of officer (since removal of office is within the power
of the Courts)

 Back salary is not warranted when the immediate execution of the order of dismissal is justified.
Appeal
 Made within 15 days from receipt of the decision
 UNLESS a petition for reconsideration is filed, which shall be decided within 15 days
 Petition for Reconsideration – 3 grounds only:
(1) New evidence has been discovered which materially affects the decision
(2) Decision is not supported by evidence on record
(3) Error of law or irregularities have been committed which are prejudicial to the interest f the
respondent
 From resolution of the CSC, file a petition for certiorari R65 w/in 30 days from receipt of copy of the
resolution

Summary Dismissal
 RA 6654

Removal of Administrative Penalties or Disabilities

 Meritorious cases, upon recommendation of the CSC
 President may commute or remove administrative penalties or disabilities imposed upon officers or
employees in disciplinary cases
 Subject to terms and conditions he may impose in the interest of the service

Abandonment
 Voluntary relinquishment of an office by the holder with the intention of terminating his possession and
control
 Species of resignation
 Resignation is formal relinquishment
 Abandonment is voluntary relinquishment through non-user
 “Non-user” neglect to use a privilege or a right or to exercise an easement or an office
 A person holding an office may abandon such office
(1) Non-user
(2) Acquiescence
 Non-performance does not constitute abandonment when:
(1) Temporary disability
(2) Involuntary failure to perform
 Public officer vacates office in deference to the requirements of a statute which is afterwards declared
unconstitutional, such surrender will not be deemed abandonment.
 Mere delay in qualifying for an office is not abandonment
 But failure to assume office w/in 6 months fro proclamation, without just or valid cause, shall have the
effect of vacating the office.
 Automatically separated if he fails to return to the service after the expiration of 1-year leave of absence
without pay.
 Absent for at least 30 days without approved leave are considered on Absence Without Leave (AWOL)
and shall be dropped from the service after due notice.
 Granting or approval of leaves – discretionary on the head and depends upon the needs of the
service
 Failure to make courtesy call to one’s superior is not an offense, much less a ground to terminate
employment.

Acceptance of an Incompatible Office

 Test of Incompatibility
 Nature and relation of the two offices to each other, they ought not to be held by one person from the
contrariety and antagonism which would result
 Acceptance of incompatible office ipso facto vacates the other. There is no necessity for any proceeding to
declare or complete the vacation of the first.
 Canonizado vs. Aguirre – no incompatibility; though accepted latter, he continued to pursue legal remedies to
recover the first from which he was ousted by a law later to be declared unconstitutional.
 Exception: when authorized by law to accept the other office.
Abolition of Office
 Power of legislature to abolish an office – Congress; even during the term for which an existing incumbent may
have been elected
 Constitutional offices cannot be abolished
 No law shall be passed reorganizing the Judiciary, when it undermines security of tenure
 Valid abolition of office does not constitute removal of incumbent
 Legal competence if the city council to create, consolidate and reorganize city offices and positions wholly
supported by local funds
 Requisite for Abolition of Office
(1) Made in good faith
(2) Clear intent to do away with the office
(3) Cannot be implemented in a manner contrary to law
 Reorganization of Government Offices
 Constitutional recognition of authority to reorganize: promotion of simplicity, economy and
efficiency is the usual standard.
 No violation of due process even if no hearing was conducted in the matter of reorganization of DBP, as long as
employee was given a chance to present evidence.
 Removal of employees pursuant to guidelines in EO116, reorganization of Dept. of Agriculture
(1) Existence of case for summary dismissal
(2) Probable cause for violation of RA 3019
(3) Gross incompetence or inefficiency
(4) Misuse of public office for partisan political activities
(5) Analogous grounds showing that incumbent is unfit to remain in office
 Reorganization must meet the common test of good faith.
 PD1416: grants the President the continuing authority to reorganize the national government, which includes the
power to group consolidate bureaus and agencies, to abolish offices, to transfer functions, to classify and create
functions, services and activities and to standardize salaries and materials.

Prescription of the Right to Office

 Petition for reinstatement after illegal ouster or dismissal OR recovery of public office  w/in 1 year
from the date petitioner is illegally ousted.
 Exception: strong, compelling and special circumstances
 Cristobal vs. Melchor: on grounds of equity
 Reason: title to public office should not be subject to continued uncertainty; should be determined as
speedily as possible.
 Filing of an action for administrative remedy does NOT suspend the period for filing the appropriate
judicial proceeding (quo warranto); 1 year period runs even during pendency of a motion for
reconsideration.

Impeachment

Death
 Renders office vacant.

Failure to Assume Elective Office w/in 6 months from proclamation

 Unless failure is for a cause or causes beyond his control

Conviction of a Crime
 Penalty imposed upon conviction carries with it the accessory penalty of disqualification, conviction by final
judgment automatically terminates official relationship.
 Plenary pardon extinguished the accessory penalty of disqualification, it will not restore the public office to the
officer convicted;
 He must be given a new appointment.
Filing of Certificate of Candidacy
 Any person holding a public appointive office or position,
 Including active members of the AFP
 And officers and employees in GOCCs
 Shall be considered ipso facto RESIGNED upon filing of certificate of candidacy.
 Applies even to employees of GOCCs without an original charter

CASES:
1. Ambas vs Buenaseda 201 SCRA 308
2. Osmena vs Comelec 199 SCRA 750 ( July 30, 1991)
3. Santos vs MAcaraig 208 SCRA 74
4. Joson vs Nario 187 SCRA 453
5. Ortiz vs Comelec GR No. 78957 June 28, 1988
6. Gonzales vs Hernandez 2 SCRA 228
7. City of Manila vs Subido 17 SCRA 231 (1966)
8. Ingles vs Mutuc 26 SCRA 171
9. De La Llana vs Alba 112 SCRA 294