Administrative Law, Law on Public Officials and Election Laws

1-30-21

Administrative Law

1987 Constitution (Administrative Code of 1987) Executive Order No. 292

Government

National v Local Government

NG refers to the entire machinery ov the central government, as distinguished from the
forms of the local government

LG refers to the political subdivision established by or in accordance with the

constitution.

Agency

Instrumentality

Office

Bureau

Regulatory Agency

Chartered Institution (Ex. State Universities, chartered cities)

GOCC

Officer v. Employee

Employee (person working in the public service) as a whole (Rodrigo – Officer as well as
employee)

Chapter 9 (General Principles Governing Public Officers)

1. Section 32: Nature of Public Office: Public Office is a Public Trust

2. Section 33: Policy on Change of Citizenship
 February 6, 2021

RA 6713
Norms of Conduct of Public Officials and Employees.

1. Commitment to Public Interest

a. Uphold public interest over personal interest
b. Government properties and power must be used economically, efficiently and
effectively to avoid wastage of public funds and revenues
2. Professionalism
a. Perform duties and responsibilities with highest degree of diligence
b. With utmost devotion and dedication to duty.
c. Discourage wrong perceptions
Nepotism (Within 3rd degree of consanguinity of relationship)
3. Justness and Sincerity
a. Justness is an impartial decision making
b. Sincerity is a state of mind which is truthful, free from hypocrisy or deceit
4. Political neutrality. - Public officials and employees shall provide service to everyone
without unfair discrimination and regardless of party affiliation or preference.
a. refrain from taking part directly or indirectly in a conflict/struggle between two or
more competing groups.
b. Principle of Merit and Fitness
c. As an employee, you are prohibited to participate actively in political campaigns. Our
duty is only to vote. These not include informal discussions to informal private
discussions among co-workers. You must not use your position to further the ends of
the political candidate.

5. Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and
adequate service to the public. Unless otherwise provided by law or when required by the public
interest, public officials and employees shall provide information of their policies and procedures in
clear and understandable language, ensure openness of information, public consultations and hearings
whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures,
avoid red tape and develop an understanding and appreciation of the socio-economic conditions
prevailing in the country, especially in the depressed rural and urban areas.
A. Responsiveness refers to awareness
February 13, 2021

Our topic on Saturday: 1. Statement of Assets, Liabilities and Networth. Purposed, who are required to
file, exempted from filing SALN, if any. When it should be filed; SALN Form, what it should include -
secure a form.

Bart sent Yesterday at 12:07 PM

We will also discuss the different Administrative Offenses and Penalties in the Civil Service. These are
provided in the 2017 Rules of Administrative Cases in the Civil Service (2017) RACCS.

Bart sent Yesterday at 12:07 PM

Cases: 1. Daplas vs. Dept. of Finance, G.R. No. 221153, April 17, 2017.

Bart sent Yesterday at 12:07 PM

2. Bueno vs. Office of the Ombudsman, G.R. No. 191712, Sept. 17, 2014

Misconduct has been defined as an intentional wrongdoing or deliberate violation of a rule of law or
standard of behavior, especially by a government official. As distinguished from simple misconduct, the
elements of corruption, clear intent to violate the law or flagrant disregard of established rule, must be
manifest in a charge of grave misconduct. Corruption, as an element of grave misconduct, consists in the
act of an official or fiduciary person who unlawfully and wrongfully uses his station or character to
procure some benefit for himself or for another person, contrary to duty and rights of others. An act
need not be tantamount to a crime for it to be considered as grave misconduct as in fact, crimes
involving moral turpitude are treated as a separate ground for dismissal under the administrative code.

Dishonesty has been defined as the concealment or distortion of truth, which shows lack of integrity or a
disposition to defraud, cheat, deceive or betray and an intent to violate the truth.

Grave Misconduct as a transgression of some established and definite rule of action, more particularly,
unlawful behavior or gross negligence by a public officer.

It must be emphasized that the quantum of evidence required in administrative proceedings is

substantial evidence or such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion, even if other minds equally reasonable might conceivably opine otherwise.

The misconduct must imply wrongful intention and not a mere error of judgment and must also have a
direct relation to and be connected with the performance of the public officer’s official duties amounting
either to maladministration or willful, intentional neglect, or failure to discharge the duties of the office.
In order to differentiate gross misconduct from simple misconduct, the elements of corruption, clear
intent to violate the law, or flagrant disregard of established rule, must be manifest in the former.
Dishonesty is defined as a disposition to lie, cheat, deceive, or defraud; unworthiness; lack of integrity;
lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to
defraud, deceive, or betray