THE LAW ON PUBLIC OFFICERS

1. Definition, Distinction and Classification

Public Office (RADLAPSOBEP) – RIGHT, AUTHORITY, and DUTY created and conferred by LAW, by which
for a given PERIOD, either fixed by law or enduring at the pleasure of the appointing officer, an
individual is invested with some portion of SOVEREIGN functions of the government, to be exercised by
him for the BENEFIT OF THE PUBLIC.

Public office is a public trust. Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives. (Art XI, Sec. 1)
 Public office is not property – preclude any proprietary claim to public office.
o No one has any private right of property of vested right in any public office he holds.
o The incumbent’s right to office is recognized as a privilege entitle to the protection of the
law, an office may be considered as property within the protection of the due process
clause in controversies relation to the question as to which of the two persons is entitled
thereto.
o Public office is personal to the holder.
 Public office is not a contract
o Not a natural right. Exists by virtue of some law.
o Salary is a mere incident and form no part of the office.
Public Office Public Contract
Creation Incident of sovereignty Originates from the will of the parties
Nature Carrying out of sovereign and governmental Imposes obligations only on
functions affecting all persons contracting parties
Subject Embraces the idea of tenure, duration and Limited to the duration and specific in
Matter continuity its object
 Public office vs. public employment
o Every public office is a public employment but every public employment is not an office.
o Key considerations are the powers and responsibilities of public office
 Delegation of sovereign functions and powers
 Created by force of law and not by contract of employment
 Essential elements of a public office
o Created by the Constitution or by law
 Creation of public office
 Constitution
 By Congress – legislative function
 By the President – reorganization measures
 Modification or Abolition of public office included in power to create
 Office created by Congress – may be modified and abolished by Congress
 Office created by the Constitution – only modified or abolished by
amendment of Constitution
o Invested with an authority to exercise some portion of the sovereign power of the State
 Public officers enjoy presumption of regularity in the exercise of their functions.
 Overthrown only be evidence to the contrary
 Presumption does not apply to acts not within the duties specified by law.
o Powers and functions defined by the Constitution or law
o Duties are performed independently
 o Continuing and permanent in nature
o Period attached
 May be fixed or at the pleasure of the appointing authority.
o Compensation not an essential element

2. Eligibility and Qualifications

 Qualification/Disqualifications
o Congress is generally empowered to prescribe the qualification. But when the office is
created by the Constitution, the criteria are exclusive.
 If qualifications prescribed by the Constitution are not self-executing, the Congress
has the right to prescribe qualifications consistent with the executive power of
appointment to office.
o Right to public office should be strictly construed against ineligibility.
 Time of possession of qualifications
o Courts have different opinion if upon holding the office or at the time of the election or
appointment.
o Eligibility to public office is a continuing nature and must exist at the time of
commencement of the term and during the occupancy of the office.
o Courts have different opinion as to the effect of removal by an office holder of his
disqualifications after the commencement of the term of office and during its continuance.
 General Qualifications
o Citizenship, Age, Right of suffrage, Residence, Education, Ability to read and write, Political
affiliation, Civil service examination.
 Religious qualifications are prohibited
 Power of Congress to impose property qualifications not clearly prohibited and can
still be argued either ways.
 General Disqualifications
o Mental or physical incapacity, misconduct or crime, impeachment, removal or suspension
from office, previous tenure of office, consecutive terms, holding more than one office,
relationship with appointing officer, office newly created or the emoluments of which have
been increased, being an elective official, having been a candidate for any elective position,
local government disqualifications.
 Incompatible Offices
 Nepotism

3. Acquisition of Right or Title to Office

Appointment
 Generally regarded as an executive function
 Carries with it the power to remove or discipline
 Involves the exercise of discretion and is a political & administrative decision
 CSC has no authority to revoke an appointment on the ground that another person is more
qualified for a particular position
o An appointment is essentially within the discretionary power of whomsoever it is vested,
subject to the only condition that the appointee should possess the qualification required
by the particular law.
 Restrictions - Appointee must possess the qualifications, Constitutional restrictions, and as
prescribed by law.
 Power to appoint either absolute or conditional
o Absolute – if appointee is eligible, appointment is conclusive
 o Conditional – assent or approval by some other officer is necessary to complete the
appointment.
 When appointment deemed completed
o Either case, the appointment becomes final when the last act required of the appointing
power is performed.
o Not subject to confirmation – no consent or approval is necessary and the commission may
issue at once
o Subject to confirmation – only when the assent or confirmation is obtained
o Approval by the CSC – the attestation is merely a check to assure compliance with the Civil
Service Law. The appointment is complete and valid after the act of the appointing officer
but subject to the condition that the CSC may revoke the appointment by reason of lack of
eligibility.
 Acceptance of the appointment
o Not necessary to complete the appointment but acceptance is necessary to enable the
appointee to have full possession, enjoyment and responsibility of an office.
 Express – verbally or in writing. Taking the oath of office.
 Implied – the appointee enters upon the exercise of the duties and functions of an
office.
 Not subject to compulsion except:
 Government calls upon the people to defend the state (Consti. Art. II, sec. 4)
 Person elected who refuses without legal motive to be sworn in or discharge
the duties of office shall be imposed penalty of arresto mayor or fine of
P1,000 (RPC Art. 334)
 State require certain male inhabitants to assist in the protection of peace and
order.
 Written Appointment
o Contradicting views on the necessity of a commission
 Revocation of appointment
o An appointment, once made and completed, is not subject to reconsideration or revocation.
Only exception is where an officer is removable tat will of the appointing power.
o Once appointee assumes a position in the CSC, he acquires a legal, not merely equitable
right, which is protected not only by statue, but also by the Constitution, and it cannot be
taken away from him, either by revocation or by removal except for cause, and with due
process.
o The appointing power cannot effect the removal of the appointee after its completion
merely on the ground that the protestant was more qualified.
 Appointments made by the President
o Heads of the executive department, ambassadors, other public ministers and consuls, or
officers of the armed forces from the rank of colonel or naval captain and other officers
(JBC, Constitutional Commissioners and Regional Consultative commission) whose
appointments are vested in him in the Constitution.
 Requires the consent of the Commission on Appointments
 Exclusive list (Sarmiento v. Mison)
o Other officers of the Government whose appointments are not provided by law
o Those who the President may be authorized by law to appoint
o Other officers lower in rank whose appointments the Congress by law vests in the
President alone.
o Kinds of Presidential appointments
 Regular – Subject to confirmation. Made while Congress is in session.
  Ad interim – Subject to confirmation. Congress in recess.
 An ad interim appointment is a permanent appointment because it takes
effect immediately and can no longer be withdrawn by the Presdient once the
appointee has qualified into office. The fact that it is subject to confirmation
by the CoA does not alter its permantent character. The Constitution makes
ad interim appointments permanent by making it effective until disapproved
by the CoA or until the next adjournment of Congress. (Matibag v. Benipayo)
 Cease to be effective upon rejection by the Commission on Appointment, or if
not acted upon, at the adjournment of the next session, regular or special, of
Congress.
 Permanent – lasts until lawfully terminated
 Temporary – lasts until a permanent appointment is issued.
 Designation is not an appointment. It is the mere imposition of new or additional
duties upon an officer to be performed by him in a special manner. He is not entitled
to additional benefits.
o Process: Nominations – Confirmation – issuance of the commission
 Appointments in the CSC
o Classification (PD no. 807)
 Career Service – entrance by competitive examination or based on highly technical
qualification, security of tenure, and opportunity for advancement to higher position
 Open career
 Closed career (scientific or highly technical)
 Career Executive Service
 Presidential Appointees other than CESO
 Commissioned officers
 Personnel not under the non-career services
 Permanent Laborers
 Non-career Service – no competitive exam and tenure is limited to period set by law,
co-terminous with appointing authority or limited duration
 Elective officials
 Department heads & cabinet members
 Chairmen and member of Commissions and boards
 Contractual personnel
 Emergency and Seasonal personnel
 Casual Employees
o Classes in the career service
 1st level – clerical
 2nd level – professional, technical and scientific
 3rd level – Career Executive Service
o Primary confidential employees
 Nature of functions test (Tria vs. Sto. Tomas)
 Ultimately a judicial question. Not even the fact that the position had already
been classified as one under the career service and certified as permanent by
the CSC can conceal or alter its being primarily confidential in nature.
 Bears primarily such close intimacy which insures freedom of intercourse without
embarrassment or freedom from misgiving of betrayal of personal trust on
confidential matters of State.
 Still subject to the constitutional safeguard against removal or suspension except for
cause. However, such official continues only for so long as confidence in them
endures.
 o Qualification Standards in the Civil Service
 Used as basis for civil service examinations, guides for appointments and protests,
in determining training needed, and aid in inspection and audit of agencies’
personnel work programs.
 Established by the department or agency but approved by the CSC
o Kinds of appointment
 Permanent – meets all the requirements for the position, lasts until lawfully
terminated. Entitled to security of tenure. CESO have security of tenure only to the
rank and not to the position.
 Temporary/Acting – meets all the requirements except the appropriate civil service
eligibility; shall not exceed 12 months; must have an absence of available eligible
appointees.
 Subsequent acquisition of the required eligibility will not make a temporary
appointment a regular or regular one.
 Temporary and Conditional appointment when the appointment requires
certain requirements such as physical and medical examinations.
 Designated as officer in change as well as held at the pleasure of the
appointing authority are considered temporary.
 Temporary employee shall still be given the protection, can only be
separated for justifiable cause.
 Approval/recall of appointments of the CSC
 CSC must approve all appointments, whether original or promotional to
positions in the civil service.
 The appointee is given the right to a hearing in case of disapproval.
 Until the certification of the CSC is given, not entitled to security of tenure.
o Admin Code, Section 11, Rule V – an appointment not submitted to the
Commission, within 3o days from the date of issuance shall be
ineffective.
 CSC is limited to inquiring into the eligibility of the person chosen to fill a
position. Once the function is discharge, its participation in the appointment
process ceases.
 Recall is done only by the Commission when it is proven that there has been
a disregard of applicable provisions of the civil service law and regulations.
o Non-compliance with the procedures/criteria
o Failure to pass through the agency’s selection/promotion board
o Violation of the existing collective agreement
o Violation of other existing civil service law, rules and regulations
 All appointments through the certification to a position must serve a
probationary period of 6 months following their original appointment.
 Vacancy – office is empty and without a legally qualified incumbent. Need not be physically vacant.
o Classification
 Original – newly created office
 Constructive – incumbent has no legal right or claim to continue
 Accidental – incumbent died, disable, removed, resignation, abandonment,
impeachment, acceptance of incompatible office, recall, reaching the age limit
 Absolute – term of an incumbent has expired
 Qualifying to Office
o The person appointed or elected is usually required to do some act by which he shall
signify his acceptance of the office and his undertaking to execute the trust confided in him.
 It generally consist of the taking and often of subscribing and filing of official oath or giving
an official bond.
o Oath is a qualifying requirement for public office; a prerequisite to the full investiture with
the office.
 Merely directory since it is a mere incident to the office and constitutes no part of
the office itself.
 President and VP however, mandatory to take an oath or affirmation.
o Bond is required for accountable officers and those entrusted with collection and custody
of public money. Requirement to protect public funds.
 Indemnity bond rather than a penal bond.
 The bond is a mere incident of office, unless expressly prescribed as a condition
precedent to the right to the office.
 De Facto Officer
o An officer who has the reputation of being the officer he assumed to be and yet is not a
good officer in point of law. Duties of the office are exercised:
 Without a known appointment or election, but under such circumstances of
reputation to induce people, without inquiry, to submit to or invoke his action,
supposing him to be the officer he assumed to be;
 Under color of a known and valid appointment or election, but failed to conform to
some precedent requirement or condition
 Under color of a known election or appointment, but void since he was not eligible
or because of want of power in the electing or appointing body, or defect or
irregularity in its exercise;
 Under such color of an election or an appointment by or pursuant to a public,
unconstitutional law, before the same is adjudged to be such.
o Legal effects of acts of de facto officers
 As regards the officer himself – a party suing or defending his own right as a public
officer must show that he is an officer de jure. The acts of a de facto officer as far as
himself is concerned are void, and a de fact officer cannot justify his acts a binding
or valid in any suit to which he is a party.
 As regards to the public and third persons – acts of a de facto officer a valid as to
third persons and the public until the title to office is adjudged insufficient and such
officer may not be collaterally attacked or inquired into. No difference between a de
facto and de jure act as far as 3rd persons are concerned.

 De Jure Officer
o One who has the lawful right to the office in all respects, but who either been ousted from
it, or who has never actually taken possession of it.
 Possess the legal qualifications for the office in question
 Must be lawfully chosen to such office
 Must have qualified himself to perform the duties of such office according to the
mode prescribed by the Constitution or law.

De Jure De Facto
Right Reputation
Lawful right or title to the office Color of authority or authority without being
technically qualified in all points of law to act
Cannot be removed in a direct proceeding May be ousted in a direct proceeding against him
Valid acts when it affects 3rd persons or the public
 Can maintain an action for compensation Cannot maintain an action to recover salary except
when in good faith for services actually rendered
Liable for all penalties imposed by law for usurping
or unlawfully holding office, or exercising the
function without legal right or without be qualified.
EXCEPTION: If there is an incumbent de jure, he
may recover from a de facto the salary received
during the wrongful tenure, even though the de
facto acted in good faith. The de facto takes the
salaries at his risk and must, account to the de jure
for whatever he received during the wrongful
tenure. (General Manager, PPA v. Monserate)

 Usurper – one who takes possession of the office and undertakes to act officially without any color
or right or authority, either actual or apparent. He is not an officer at all for any purpose

De Facto
Color of right or title to the office
Assumes to exercise his functions where the public
does not know nor ought to know his lack of title or
authority
May be removed only in a direct proceeding
All acts otherwise legitimate in the exercise of his
authority is valid
Usurper
Neither lawful title nor color of right or title to the
office
Simply assumes to act as an officer where the public
knows or ought to know that he is such a usurper
Can be ousted at any time in any proceeding
Acts are absolutely null and void

4. Powers, Duties and Norms of Conduct of Public Officers

 Source and authority of public office
o Ultimately it is found in the people themselves. Must find its source in some provision of
public law.
 Scope of power
o Expressly conferred by the law, expressly annexed to the office, or attached tot the office as
incidents to it.
 Territorial limitation of authority – limited and confined to that territory over which the law, by
nature of which they claim, has sovereign force.
 Duration of authority – limited to his term
 Construction of grant of powers – strict interpretation and will be construed as conferring those
powers only which are expressly imposed or necessarily implied
 Classification
o Nature
 Ministerial – execution of a specific duty arising from fixed and designated facts. No
judicial power or discretion as to the interpretation of the law. Cannot exercise his
own judgment upon the propriety or impropriety of the act done
 A public officer can be compelled (mandamus) to perform a ministerial act
but not a discretionary function (may be required to act but not perform a
specific task).
  Discretionary – exercise of reason in the adaptation of means to an end, and
discretion in determining how or whether the act shall be done or the course
pursued.
 Discretion is still limited, by legal construction, to the evident purpose of the
act, and to what is known as a sound and legal discretion, excluding all
arbitrary capricious, inquisitorial and oppressive proceedings.
o Obligation
 Mandatory – powers conferred on public officials are generally mandatory, where
they are for the benefit of the public or individuals.
 Permissive – contains permissive words and act does not affect third persons and is
not clearly beneficial to the public
o Relationship of the officer to his subordinate
 Power of control – power to alter, modify, or set aside what a subordinate has done
in the performance of his duties and to substitute his judgment for that of the latter
 Power of supervision – mere oversight over an inferior body. If the rules are not
observed, he may order the word done or be redone to conform to the prescribed
rules.
 Delegation of ministerial powers
o If the performance of duties is mechanical or ministerial in nature, unless expressly
prohibited, may be properly delegated to another.
o Where, however, the law expressly requires the act to be performed by the officer in
person, it cannot, though ministerial, be delegated to another.
o For discretionary powers, the presumption is that he was chosen because he was deemed
fit and competent. Therefore, unless the power to substitute has been given to him, a public
officer cannot delegate his duties to another.
 Time to perform
o No time stated, within a reasonable time.
o Time period expressed, construed as discretionary unless the nature of the act to be
performed or the language used in the statue evidences and intention to limit the power of
the officer.
 Ratification
o Although the act of the public officer may be defective, his act may be ratified by the State.
o No ratification if absolutely void.
o State cannot be estopped by unauthorized or illegal acts of its agents.
 Judicial Review of official acts
o Discretionary acts – judiciary will not interfere with executive officers in the performance
of duties which are discretionary in their nature or involve the exercise of judgment.
Exception is grave abuse of discretion or an arbitrary decision, or such fraud or corruption
as vitiates the action taken.
o Ministerial acts – mandamus could be sought to compel its performance or an injunction to
prevent it.
 Norms of Conduct of Public officers and employees
o Constitution provides, Public office is a public trust. Public officers must at all times be
accountable to the people (Public Accountability) and serve them with utmost
responsibility, integrity, loyalty, and efficiency, and act with patriotism and justice, and lead
modest lives. (Norms)
o RA 6713: The Code of Conduct and Ethical Standards for Public Officials and Employees
 Commitment to public interest, Professionalism, Justness and sincerity, Political
neutrality, Responsiveness to the public, Nationalism and patriotism, Commitment
to democracy and Simple living
 o System of incentives and reward is established in order to motivate and inspire public
servants to uphold the highest standards of ethics.
o Duties of public officers – sacrifice necessary for the safety and happiness of human society,
and the need of this sacrifice is increased in the case of officers appointed to preserve peace
and enforce the laws.
 Duty to observe the law, Duty to accept and continue in office, Duty to accept burden
of office, Duty as to diligence and care and Duties in choice and supervision of
subordinates.
o Ethical duties – honesty, faithfulness and to the best of his abilities
 Refrain from outside activities which interfere with the proper discharge of duties
 Not to place himself in a position which will subject him to conflicting duties or
expose him to the temptation of acting in any manner other than in the best interest
of the public.
 Must be living examples of uprightness not only in the performance of duties but
also in their personal and private deals with other people.
o Specific duties
 Duty to make financial disclosure – 30 days after assumption of office, April 30, 30
days after separation from service
 Act on letters and requests – 15 days
 Submit annual performance reports – 45 working days from year end
 Process documents and papers expeditiously – reasonable time
 Act immediately on the public’s personal transactions
 Make documents accessible to the public

5. Rights and Privileges of Public Officers

 Personnel Actions – movement or progress of personnel in the civil service
o Appointment through certification
o Promotion
 Requires a new appointment. Employee is not compelled to accept
 Increase in duties and responsibilities. Increase in salary is only incidental.
o Transfer
 Requires a new appointment. May be appealed if not satisfied with justification
 A temporary transfer is permissible even without the employee’s prior consent, but
it cannot be where the transfer is a preliminary step towards his removal.
o Reinstatement
 Restoration to a state or condition from which one has been removed or separated
 Commission has authority to reinstate a unlawfully dismissed employee
o Reemployment
 Permanent employees who have been separated, shall be entered in a list from
which selection for reemployment shall be made
o Detail
 Temporary movement from one agency/department to another without the
issuance of an appointment.
 Allowed only for a period of 1 year.
 Cannot be used to lure the employee away or as a preliminary step to his removal
o Reassignment
 Reassigned from one organizational unit to another in the same department.
 No reduction in rank, status or salary.
o Demotion
  Requires a new appointment.
 Diminution in duties, responsibilities, status, grade or rank which may or may not
involve reduction in salary.
 Right to compensation
o Creation of law, it belongs to him not by force of any contract but because the attaches it to
the office. Also grows out of the rendition of service. Determined mainly by the nature of an
official’s position.
o RA 6758: An act prescribing a revised compensation and position classification system in
the government.
 Grade – determined the official’s salary based on level of difficulty, responsibility
and qualification requirements of the official
 Ex officio positions have no right to receive additional compensation fro his
services.
o Recovery of compensation
 De facto entitled to compensation paid to him for services rendered in good faith. De
facto only entitled until notice of adjudication of the title of another.
 Intruders have no right to salary at all.
Rodriguez v. Tan – Proclaimed Senatorial candidate later ousted by election protest,
became de facto officer. Duly elected Senator cannot recover salary paid de facto officer.

Monroy v. CA – Mayor filed certificate of candidacy, was deemed to have resigned. Later
withdraws candidacy, and reassumes Mayorship – de facto. Vice Mayor who took over
after the Mayor filed his candidacy has right to recover from de facto officer salary
received during his wrongful tenure.

General Manager v. Monserate -  In cases where there is no de jure officer, a de facto
officer who, in good faith, has had possession of the office and has discharged the duties
pertaining thereto, is legally entitled to the emoluments of the office, and may in
appropriate action recover the salary, fees and other compensations attached to the
office. Where there is a de jure officer, a de facto officer, during his wrongful
incumbency, is not entitled to the emoluments attached to the office, even if he occupied
the office in good faith. 
o Salary not subject to garnishment
 Salary of a public officer or employee may not, by garnishment, attachment or order
of execution, be seized before being paid to him, and appropriated for the payment
of his debts.
o Agreements affecting compensation
 Salaries before earned - An agreement may be considered invalid as against public
policy where it tends to pervert such compensation to a purpose other than that
which it was intended, and to interfere with the officer’s free and unbiased
judgment in relation to the duties of his office.
 Salaries after earned – officer is free to contract his salaries as he may see fit.
o Prohibition against receiving additional, double or indirect compensation
 Not applicable where: the payment is specifically authorized by law, the additional
compensation is not received from the government or any of its entities, and there
are two distinct offices, and there two distinct offices, each of which has its own
duties and compensation, in which case both may be held by one person at the same
time.
 Pension or gratuities are not considered double compensation.
o Free voluntary service to the government
  Receive no pay or compensation, but are exempt from filing SALN, divestment and
shall not enjoy security of tenure.
 Functions limited to: advisory, consultancy or counseling, recommendatory,
professional services, staff work, or humanitarian.
 Pension
o Regular allowances paid to an individual by the government in consideration of services
rendered, or in recognition of merit, civil or military.
o Burden is in the government to show that an applicant is not qualified for pension.
o Retirement laws shall be liberally construed and applied in favor of the persons intended to
be benefited by them, and all doubts as to the intent of the law should be resolved in favor
of the retiree. However, this does not apply where the clear intent of the applicable law and
rules are demonstrably against the retiree’s claim.
o Benefits under retirement laws cannot be withheld regardless of the employees monetary
liability to the government.
 Right to reinstatement and back salary – separate and distinct reliefs given to an illegally
dismissed official and employee
o When removal or suspension is lawful
 Not entitled to compensation. No work, no pay.
o When removal or suspension is unlawful
 Since prevented for a time by no fault of his own, may recover the full amount of his
salary during the period of removal.
 Earned salary from other employment should not be deducted
 Still recoverable even if replacement has been paid
 If bad faith by superior officers, they are personally accountable
 Limited to a maximum of 5 years of backwages.
o Where suspended employee later found innocent
 Backwages allowed if suspended before the period to appeal the decision of the CSC
has expired, therefore premature.
o Where employee not completely exonerated or reinstatement not the result of exoneration
 Not entitled to the payment of his backwages. No work, no pay.
o Where another appointed to position of illegally dismissed or suspended employee
 Illegally dismissed employee has a superior right over the position.
o Duty of plaintiff seeking reinstatement to prove his right to office
o Right to reinstatement to former or at least comparable position
 If reinstatement not feasible, entitled to back salaries
o Duty to act with reasonable diligence in asserting right to reinstatement
 Public officer or employee must file his right to reinstatement, back salaries, quo
warranto and mandamus within 1 year or else the right may be considered waiver
or shall prescribe.
o Where pardon extended to convicted employee
 Does not restore a convicted to public office, merely restores his eligibility for
appointment to that office.
 Right to property, devices and inventions
o If it is indispensable in the proper conduct of the office, public property. If not required by
law, prepared by the officer apart from his official duties and are not indispensable in the
proper conduct of the office, may acquire a property right which will entitle him to remove
them upon leaving office.
 Right to recover reward for performance of duties
 o It is the duty of a public officer to execute the functions of his office and will not be
permitted to recover reward offered by the public for the performance of an act which was
part of his official duty to perform if he could.
 Other Rights
Constitution
o Self-organization – may form unions but are prohibited from conducting concerted activity
or mass action which cause work stoppage or service disruption.
o Protection of temporary employees – no security of tenure but protect from indiscriminate
dismissals
o Freedom of members of Congress from arrest and from being questioned
o Right not to be removed or suspended except for causes provided by law

Civil Service Code and Administrative Code

o The right to preference in promotion
 Next-in-rank rule – neither grants a vested right to the holder nor imposes a
ministerial duty on the appointing authority to promote such person to the next
higher position. Only given a preferential consideration.
 Qualified next-in-rank employee has the right to appeal initially to the Secretaries or
head of agencies then to the Merit System Protection Board and finally to the CSC an
appointment if the appellant is not satisfied with the written special reason given by
the appointing authority.
o The right to present complaints and grievances
o The right not to be suspended or dismissed except for cause as provided by law and after
due process
o The right to organize

Revised Government Service Insurance Act – GSIS membership to all employees upon assumption to
duty pursuant to a valid appointment or election and oath of office. EXCLUDED: AFP, PNP and not
receiving basic pay or salary
o Retirement benefits/Old age pension
 At least 15 years of service, at least 60 years of age and is not receiving a monthly
pension benefit from permanent total disability
 Compulsory age of retirement is 65
Rabor v. CSC - If he has less than 15 years of service, he shall be allowed to continue
in the service to complete the 15 years ONLY IF the extension is for 1 year. If more
than 1 year extension is need to complete the 15 years, extension is not allowed.
o Separation benefits – cash payment after retirement
o Unemployment or involuntary separation benefits – payment to permanent employees
involuntarily separated
o Disability benefits
o Survivorship benefits
o Funeral benefits
o Life insurance benefits

6. Disabilities and Inhibitions of Public Officers

Constitution
 President, VP, Members of Cabinet and their Deputies as well as Constitutional Commissioners
o Hold any other office or employment, unless provided in the Constitution
o Practice any other profession
 o Participate, directly or indirectly, in any business
o Be financially interested, directly or indirectly, in any contract with, or in any franchise or
special privilege granted by the government
o Strictly avoid conflict of interest in the conduct of their office
 Members of Congress
o Hold any other office or employment in the Government during his term without forfeiting
his seat
o Appointed to any office which may have been created or the emoluments thereof increased
during the term for which he was elected
o Personally appear personally as counsel before any court of justice or before the Electoral
Tribunals, or quasi-judicial and other administrative bodies
o Be financially interested, directly or indirectly, in any contract with, or in any franchise or
special privilege granted by the government during his term of office.
o 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
 Other prohibitions
o Members of the judiciary to be designated to any agency performing quasi-judicial or
administrative functions
o Officers and employees in the civil service, including members of the military, to engaged in
political activities except to vote
o Elective officials shall not be appointed or designated to any public office or position during
his tenure
o Appointive official shall not hold any other office or employment in the Government, unless
allowed by law or by the primary function of his position
o Elective or appointive official are prohibited from:
 Accept without the consent of the Congress, any present, emolument, office, or title
of any kind from any foreign government
 Receiving additional, double or indirect compensation, unless specifically
authorized by law
o Armed Forces shall not be appointed or designated in any capacity to a civilian position in
the Government.
o The President, VP, Members of the Cabinet, the Congress, the SC, the Constitutional
Commissions, and the Ombudsman or to any firm or entity which they have controlling
interest, shall not be granted any loan, guaranty, or other form of financial accommodation
for any business purpose by any government owned or controlled bank of financial
institution, during their term.
Other Laws
 Civil Service Decree
o Political Activity
o Additional or double compensation
o Limitation on employment of laborers – not be assigned to perform clerical duties
o Prohibition on detail or reassignment – within 3 months before any election
o Nepotism – 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 person exercising immediate
supervision over him. (3rd civil degree of consanguinity or affinity)
 Local Government Code (RA 7160)
o Prohibited business and pecuniary interest
o Practice of profession
 Governor, Mayor – profession or any other occupation
  Sanggunian members – may practice their profession, engage in any occupation or
teach in schools except during session hours. Lawyers cannot appear as counsel.
Doctors may practice even during official hours if there is an emergency.
o Partisan political activity
 Officials or employees – any partisan political activity, except to vote
 Elective officials – allowed to take part in partisan political activites
 Civil Code
o Public officers and employees cannot acquire property of the State which has been
entrusted to them.
o Judges and other court officials including lawyers shall not acquire property subject of
litigation during pendency of the litigation
 Central Bank Act
o Governor and full-time monetary board members – not accept any employment except for
eleemosynary, civic, cultural and religious organization
o Personnel – be employed/stockholder, receive any gifts, borrow, reveal information from
institutions subject to the supervision or examination of the Central Bank
 National Internal Revenue Code
o Divulge to any person or make known in any manner, any information acquired by him in
the discharge of his official duties
o Interest in the manufacture, sale or importation of any article subject to tax.
 Anti-Graft and Corrupt Practices Act
o Influencing another public officer to perform an act constituting a violation of lawful rules
and regulation or an offense.
o Requesting ore receiving gifts or benefits in connection with any contract or transaction
o Causing any undue injury to any party/government, or giving unwarranted benefit,
advantage to a private party
o Entering, on behalf of the government, into contracts or transaction grossly
disadvantageous to the government.
o Having financial or pecuniary interest in any business, contract or transaction prohibited
by law
o Becoming interested in any transaction requiring the approval of a board or committee
which he is a member of.
o Approving or granting any license, permit, privilege or benefit in favor of any person
known to him to be not qualified for or legally entitle to such license.
 Code of Conduct and Ethical Standards
o Financial and material interest in transaction requiring the approval of their office
o Outside employment and other activities related thereto
o Disclosure and/or misuse of confidential information
o Solicitation or acceptance of gifts
o Divestment – a public official or employee shall avoid conflicts of interest at all times. When
a conflict of interest arises, he shall either resign within 30 days and/or divest himself of
his shareholdings or interest within 60 days from such assumption. Not applicable to those
who serve the Government in an honorary capacity nor to laborers and casual temporary
workers.

7. Liabilities of Public Officers

 Official Immunity is only afforded to activities within the scope of office that are in good faith and
are not reckless, malicious or corrupt.
 o Purpose: Promotion of fearless, vigorous and effective administration of policies of
government.
o EXC: personal tort, acting beyond one’s scope of authority, bad faith, mandamus, injunction,
perpetration of injustice.
 Three-fold responsibility of public officers – independent of each other. The 3 remedies may be
pursued simultaneously or successively.
o Civil – damages caused by the official, liable to reimburse the injured party
o Criminal – act in violation of law with a penal sanction
o Administrative – subject to administrative disciplinary power
 Purpose is to protect the public services based on public trust.
 Conviction or dismissal under one will not bar a prosecution to another. Double
Jeopardy does not lie for Civil/Criminal cases and Admin cases
 Neither will the conviction or dismissal under one lead to the same result to the
other, given the difference in the quantum of evidence required and the sanctions
imposed.
 There is no prejudicial question where one case is administrative and the other is
civil/criminal
Administrative Civil/Criminal
Evidence Substantial evidence Civil – Preponderance of evidence
Criminal – Proof beyond reasonable doubt
Procedure Technical rules of procedure and Technical rules of procedure under the
evidence are not strictly applied. Rules of Court
Administrative due process applies. Judicial Due Process applies
Formal trial is not at all times required
Right to be Respondent is not entitled to be Decisions require to state the facts and the
informed of informed of the findings and law in which it is based
findings and recommendations of any investigating
recommendation committee. Only entitled to the
s administrative decision.
Object Improvement of public service and Punishment of the crime/Payment of
preservation of the public faith and damages caused by the injury.
confidence in the government
Right to counsel Assistance of counsel is not Right of the accused to counsel and may
indispensable in administrative only be waived in writing and in the
proceedings presence of counsel
Effect of death Death does not preclude a finding of Generally dismissed criminal and civil
administrative liability. EXC: lack of liability.
due process, exceptional
circumstances
Liability incurred Elective official – reelection operates Elective official – reelection does not
in a previous as electorate condonation of a extinguish criminal or civil liability incurred
term previous misconduct during the previous term

Appointive – Reappointment does not

result in condonation

Civil Liability
 Requisites: 1) Damage to an individual, and 2) Wrong or violation of the right of the individual

o Public Capacity – acted in their official capacity

 o Private Capacity – acted outside their scope of official authority or jurisdiction
 Contributory negligence – if the injured party contributed to the result in any degree by his own
faulty, the public officer or employee cannot be held responsible.

Criminal Liability
 No public officer is above the law. All may be punished by criminal acts. The mere fact that an
officer is acting in an official capacity will not relieve him from criminal liability.
 Expiration of term or reelection will not extinguish criminal liability.
 Various Laws providing for penal acts and sanctions:
o Revised Penal Code
 Malfeasance and misfeasance
 Frauds and illegal exaction and transactions
 Malversation of public funds or property
 Infidelity of public officers
 Other offenses and irregularities committed by public officers
o Anti-Graft and Corrupt Practices Act (RA 3019)
o Code of Conduct and Ethical Standards
o Forfeiture of Unexplained Wealth Act
o Civil Service Decree
o Government Auditing Code
o Local Government Code
o National Internal Revenue Code
o Omnibus Election Code
Liability of Specific Officials
 President
o Civil responsibility – execution of the laws
o Criminal liability – an assault against the President is an offense against the State
o Liability for damages – the President should not be subjected curtly to personal liability for
damages resulting from the performance of official acts except by law equally express.
 Executive Officials
o Government officials performing discretionary functions generally are shielded from
liability for civil damages insofar as their conduct does not violate clearly established
statutory or constitutional rights which any reasonable person would have known.
o These acts are presumptively acts of the President.
 Legislative Officials
o Not exempt from general liability, but only certain privileges –immunity from arrest and
free speech or debate.
o Extends to members of local legislative bodies.
 Members of the Judiciary
o One claiming to have been injured by the officer’s judicial action within his jurisdiction can
sustain no civil action or administrative sanction against a judicial officer.
o In the absence of fraud, dishonesty, or corruption, the acts of a judge in his judicial capacity
do not always constitute misconduct and are not subject to disciplinary action, even though
such acts may be erroneous.
o But a judge may be held criminally liable for dereliction of duty for knowingly rendering an
unjust judgment or interlocutory order or for rendering a manifestly unjust judgment or
interlocutory order by reason of inexcusable negligence, ignorance of the law and
incompetence.
 o Administrative charges against judges require more than substantial evidence, since they
are highly penal in character and are to be governed by the rule applicable to criminal
cases. But the Supreme Court later superseded the ruling and returned the quantum to
substantial evidence.
 Quasi-judicial officers
o Exempt from civil liability for his quasi-judicial acts. He cannot be called upon to respond in
damages to the private individual for the honest exercise of his judgment within his
jurisdiction however erroneous or misguided his judgment may be.
o However, he may be liable for carelessness or negligence in the performance of ministerial
acts.
 Ministerial officers
o Officer will be liable to such individual for any injury which he may proximately sustain in
consequence of the failure or neglect of the officer to perform the duty at all, or to perform
it properly.
o Requisites: 1) special and peculiar injury, 2) results from a breach of duty which the officer
owed to him.
o Classes of default in the performance:
 Nonfeasance – neglect or refusal, without sufficient excuse, to perform an act
 Misfeasance – failure to use, in the performance of a duty, that degree of care, skill
and diligence reasonably demanded
 Malfeasance – doing, either through ignorance or malice, that which the officer has
no legal right to do at all
 Superior officer for acts of subordinates
o General rule is that the subordinates, who are themselves public officers, are directly liable
in the cases in which any public officer is liable.
o Exception:
 Superior negligently or willfully employs or retains unfit or improper persons
 Negligently or willfully fails to require them the due conformity to the prescribed
regulations
 He so carelessly or negligently oversees, conducts or carries on the business of his
office as to furnish the opportunity for the default
 A fortiori, where he has directly, authorized or cooperated in the wrong
 Liability is expressly provided in the statute
 Wrongful acts, omissions of duty, negligence or misfeasance of his subordinate
where he has actually authorized by written order the specific act or omission
complained of
o Subordinates
 A subordinate who acts in good faith under orders or instructions of a superior is
not personally liable in an action for damages.
 But, an order of a superior is no justification for an unlawful and negligent act which
are contrary to law, morals, public policy or good custom on the part of a
subordinate officer, although it may mitigate liability for damages.
 Tortious acts
o Acts done within scope of official authority – public officer not personally liable
o Acts done without or in excess of official authority – not immune from suit for their own
tortious conduct, even when such conduct is committed in the course of their employment
 Under the Civil Code
o For Failure or neglect to perform official duty (Art. 27)
o For violating rights and liberties of private individuals (Art. 32)
o Failure to render aid or protection to a person (Art. 34)
  Contracts executed in behalf of the government
o Public officers acting within the scope of their authority are not personally liable on
contracts executed in behalf of the government unless they execute an unambiguous
personal undertaking which makes no mention of the public agency he serves, or does not
indicate that it is executed in an official capacity.
 Unexplained wealth
(RA 1379 Forfeiture of Unexplained Wealth Act)
o Any public official or employee who has acquired an amount of property which is
manifestly out of proportion to his salary shall be presumed prime facie to have been
unlawfully acquired.
o Procedural matters – civil in nature
o Substantial rights – criminal in nature

Garcia v. Sandiganbayan – Prior to Feb. 25, 1986 the Ombudsman could only investigate
and needed to course the case through the Solicitor General. After Feb. 25, the Ombudsman
no has the power to file a case with the Sandiganbayan.
 Accountable officers to the government
o Bond requirement
o Head of any agency is immediately and primarily responsible for all government funds and
property pertaining to his agency. Persons entrusted with the possession or custody of the
funds under the agency head shall be immediately responsible to him, without prejudice to
the liability of either party to the government.
o General liability for unlawful expenditures to the official or employee found to be directly
responsible
o Accountable for its money value as well as all the losses, damages, or deterioration
occasioned by negligence in the keeping or use.
o No accountable officer shall be relieved from liability by reason of his having acted under
the direction of a superior officer unless prior to that act, he notified the superior officer in
writing of the illegality of the payment, application or disposition.

8. Termination of Official Relations

Modes of termination: EADRAA - PRIACIR
 Expiration of term or tenure
 Age Limit
 Death or permanent disability
 Resignation
 Acceptance of an incompatible office
 Abandonment
 Prescription
 Removal
 Impeachment
 Abolition of office
 Conviction of a crime
 Recall

Natural Causes
 Expiration of Term
o Fixed and definite time prescribed by law or the Constitution
 o For primary confidential employees, term ends upon the loss of confidence.
o Holding-over period, when the public officer continues to hold the office despite the
expiration of this term until his successor is appointed or chosen.
 Usually provided by law. If not provided, the prevailing opinion is that, unless
prohibited, the incumbent may continue to hold until some else is elected or
qualified to assume the office.
Lecaros v. Sandiganbayan – no hold-over provision, must still hold over to prevent
hiatus in the government, unless there is an express or implied prohibition.
 When Constitution provides for a term, holding is not permitted.
 A public officer who holds over is a de jure officer if holding over is authorized by
law; otherwise, he is a de facto officer.
o Offices created for a specific act – the office terminates and the officer’s authority ceases
with the accomplishment of the purpose. The office is deemed functus officio.
 Age Limit
o Compulsory and automatic retirement of a public officer
o SC and judges – 70 years old
o Public Officers and employees – 65 years old
 Death or permanent disability
o For permanent disability, the appointing power will have to make the decision whether his
condition has created a vacancy but a judicial determination of the fact is necessary to
render it conclusive.

Acts or Neglect of Officer

 Resignation
o Formal renunciation or relinquishment of a public office.
o 1) intention to relinquish, 2) act of relinquishment and 3) acceptance by the proper
authority
o Resignation must be made to the officer or body having authority to appoint his successor
or to call an election to fill the office.
o Acceptance is necessary, any public officer who, before the acceptance, shall abandon his
office to the detriment of the public service shall suffer the penalty of arresto mayor.
o Before acceptance, the offer to resign is revocable unless otherwise provided.
o The acts of an officer before the official notification of acceptance of his resignation are de
facto.
o Acceptance may be manifested either by a formal declaration or by the appointment of a
successor.
Republic v. Singun – acceptance must be communication to the person himself
o Repudiation of resignation – resignations transmitted without the officer’s consent,
resignations procured by fraud or duress, and resignations as an alternative to have
charges filed against the public officer.
o He who, while occupying one office, accepts another incompatible with the first, ipso facto,
absolutely vacates the first office.
 Incompatible office: Conflict in duties and functions, one is subordinate to the other
and is subject in some degree to its supervisory power, and expressly declared by
law and the Constitution to be incompatible.
 Exception to the rule that 1st office is vacated:
 Officer cannot vacate the first office by his own act,
 First office is held under a different government
 Officer is expressly authorized by law to accept another office
  Second office is temporary
 Abandonment
o Voluntary relinquishment of an office without valid or justifiable reason with the intention
not to reclaim it or terminate his possession and control thereof.
 Clear intention to abandon office – total and absolute
 Acceptance of another office
 Concurrence of overt acts and intention
 Failure to discharge duties of office, or to claim or resume it
 Acquiescence in failing to vindicate his rights to office
Canonizado v. Aguirre – was removed as NAPOLCOM Commissioner, and accepted
appointment as Inspector General of IAS. Later his removal was declared illegal, so insisted
on the reinstatement as Commissioner. Acceptance to IAS was not considered an
abandonment of his first office because of the lack of intention to abandon. Also the rule on
incompatibility of office is not applicable because he never exercised both offices at the
same time. He could be reinstated provided he first resign his IAS position.
 Prescription
o A person who claims a right to a public office occupied by another may bring an action to
determine by what authority the latter assumes to hold and exercise the office in question
and ascertain who is entitle to it.
o A period of 1 year after the cause of such ouster or the right of the plaintiff to hold such
office or position arose.

Acts of the Government or the People

 Removal
o Ouster of an incumbent before the expiration of his term. May be expressed or implied.
 Appointment of another officer
 Transfer to another office – permanent transfers can be only after consent is given
by the officer. Temporary transfers do not need prior consent.
 Demotion – removal if no cause shown for it.
 Reassignment
 Constructive removal or dismissal – continued employment is rendered impossible,
unreasonable or unlikely. Acts of clear discrimination, insensibility or disdain by an
employer.
o Power of removal – power to appoint is inherent in the power to appoint
 President
 Congress
 Appointing/Disciplining authority
 Ombudsman
o Security of Tenure – officer or employee in the civil service shall not be suspended or
dismissed except for cause as provided by law and only after due process is accorded
 Granted to all permanent officer or employees, whether career and or non-career
positions.
 Career positions cannot be removed from position
 Career Executive Positions cannot be removed from rank
 Temporary appointments can be terminated at pleasure of the appointing
power, without notice, and regardless of grounds or reasons, except when
appointment is for a definite period.
 Guarantees both substantial and procedural due process
o Grounds for disciplinary action under the Civil Service Law
  Misconduct in Office – a transgression of some established and definite rule of action
more particularly, unlawful behavior or gross negligence by the public officer.
 Related to, and connected with, performance of official duties
o Line of jurisprudence provide that it is a requirement that the act
must be directly related to the function of the office
o Offense cannot exist without the office
o Other offenses such as dishonesty or conduct prejudicial to the best
interest of the service need not be connected with the performance of
official duties.
o Quantum of proof required is only substantial evidence
 Nepotism – appointments made in favor of a relative of the appointing authority,
recommending authority, chief of the bureau or office or person exercising
immediate supervision over the appointee.
 Relative within the third degree of consanguinity or affinity
 Exemptions: Persons employed in a confidential capacity, teachers,
physicians and members of the Armed Forces of the Philippines.
o Civil Service Commission
 Disciplining authority over all employees of Government branches, subdivisions,
instrumentalities, and agencies, including government-owned or controlled
corporations with original charters.
 Single arbiter of all controversies pertaining to civil service positions in the
government service.
 Not bound by technical rules of procedure and evidence in judicial proceedings
 Authority to hear and decide administrative disciplinary cases instituted directly
with it or brought to it on appeal.
 Appellate jurisdiction over administrative disciplinary cases involving the
imposition of a penalty of suspension for more than 30 days, or fine
exceeding 30 days salary, demotion in rank or salary, or transfer, removal or
dismissal from office.
 Final orders or resolutions by the CSC are appealable to the CA, under Rule 43.
 Department heads shall have jurisdiction to investigate and decide matters
involving disciplinary actions against officer and employees under their jurisdiction.
Decisions where penalty is suspension for not more than 30 days or fine not
exceeding 30 days are final.
 Pending appeal to CSC, decision shall be executory
 Limited authority to terminate employees in institutions of higher learning (UP)
 Appeals shall be made by “the party adversely affected by the decision”; The law
does not contemplate a review of decisions exonerating officers or employees from
administrative charges.
CSC v. Dacoycoy – the disciplining authority qualifies as a party adversely
affected by the judgment who can file an appeal of a judgment of exoneration
in an administrative case.
 Withdrawal of complaint against respondent does not necessarily preclude or bar
the taking of disciplinary action against an officer or employee.
 Criminal and administrative cases are impressed with public interest
 Neither does cessation from office render the administrative case moot and
academic.
 Merit System Protection Board – generally tasked to hear and decide administrative
cases involving officers and employees of the civil service
 Preventive Rubenecia v. CSC - The MSPB was part of the CSC and thus, the
CSC could properly subject it to organizational restructuring. This was done
for the speedier resolution of cases.
o Preventive Suspension
 Preventive suspension pending investigation
 Preliminary step in an administrative investigation and is immediately
effective and executor. No prior notice and hearing is required although
requires a valid information, determined at a pre-suspension hearing.
 It is distinct from the penalty imposed. Cannot be credited to form part of the
final penalty of suspension.
 Not a punishment or penalty. Allows the disciplining authority the means to
conduct an unhampered investigation
 Automatically lifted after the given period.
 No compensation due for the period under investigation. It is one of the
sacrifices for holding public office
 Preventive suspension pending appeal
 Punitive although it is, in effect, subsequently considered illegal if respondent
is exonerated and the administrative decision finding him guilty is reversed.
If convicted, the period of his suspension becomes part of the final penalty of
suspension or dismissal.
 Entitled to compensation for suspension pending appeal in the event the
employee is exonerated.
Presidential Appointee RA 6770
CSC PNP Law RA 3019 LGC
& Elective Officials (Ombudsman Act)
While
Until
criminal Reasonable length of
Duration 90 days termination of 60 days 6 months
case is time
the case
pending
o Accessory Penalties
 Dismissal – cancellation of eligibility, forfeiture of leave credits and retirement
benefits, and disqualification for re-employment in the government.
 Force Resignation - cancellation of eligibility, forfeiture of leave credits and
retirement benefits, and disqualification for re-employment in the government for 1
year.
 Impeachment
o Method of national inquest into the conduct of public men
o Congress has the sole power to initiate all cases of impeachment while the Senate sits as a
court for the trial of impeachment cases.
o President, VP, Members of the SC, Members of the Constitutional Commissions and the
Ombudsman.
 Abolition of office
o Congress may abolish any office it creates without infringing upon the rights of the officers
or employees affected. May also be exercised by the President, local government and the
people themselves through amendment of the Constitution.
o May be exercised any time.
o Does not deprive the incumbent of any constitutional rights or go against security of
tenure. There can be no tenure to a non-existent office.
 Exception: abolition in bad faith
o Requisites: 1) good faith, 2) not for personal or political reasons or in order to circumvent
the incumbent’s security of tenure, 3) not implemented in violation of law.
 o Reorganization – alteration of the existing structure of government officers or units. Must
be done in good faith and for valid purpose.
 Conviction of a crime
o Finding of guilty of a trial court.
o Penalties of perpetual or temporary absolute disqualification or penalties of perpetual or
temporary special disqualification are impose upon conviction of a crime, termination of
official relations results.
o A pardon, unless expressly restored by the pardon or unless it is expressly grounded on the
person’s innocence, does not ipso facto restore a convicted felon to public office. But that
pardon restores his eligibility for appointment that office.
 Recall
o An elective official may be removed at any time during his term by the vote of the people at
an election called for such purpose.
 ELECTION LAW
1. General Principles
 Suffrage is the right as well as obligation of qualified citizens to vote in the election of certain
national and local officials of the government and in the decision of public questions submitted to
the people.
o Not a natural right but a privilege to be given or withheld.
o Exercise of the right of suffrage, as in the enjoyment of all other rights, is not absolute.
Subject to existing substantive and procedural requirements.
o A political right and therefore is within the power of the State to prescribe the manner in
which such right shall be exercised.
 Scope – Election, Plebiscite, Referendum, Initiative and Recall
 Qualifications
o Filipino
o At least 18
o Resident of the Philippines for at least 1 year
o A resident of the place where he proposes to vote for at least 6 months
o Not disqualified
 Prohibited Requirements
o Literacy, Property, Education, Sex, Taxpaying ability

2. The Commission on Elections

 Members
o Chairman and 6 Commissioners for a term of 7 years without reappointment
o Prohibited from holding any other office or employment, practicing profession, having
active control or management of any business affected by the function of his office, or be
financially interested in any contract with the Government.
 Powers and Functions FED3R3S
Constitution
o Enforce and administer all laws and regulations relative to the conduct of an election, etc.
o Decide Election Cases
 Exclusive original jurisdiction – contests relating to the elections, returns,
and qualifications
 Appellate jurisdiction – contests involving elective municipal (RTC) and
elective barangay (MTC) officials
 Neither Civil nor criminal proceeding. Summary proceeding of a political character
 Both the Supreme Court and the Commission have concurrent jurisdiction to issue
writs of certiorari, prohibition and mandamus over decisions of trial courts of
general jurisdiction in election cases involving elective municipal officials.
 Two-tiered organizational and functional structure
 Division – pre-proclamation, appeals from lower courts, as well as the
general exercise of quasi-judicial powers.
o MR must first be made before being brought up to the En banc
 En banc – acts within its administrative powers, as well as “decisions” of a
division.
o MR must first be made before being brought up to the SC.
 SC – Special civil action for certiorari under Rule 65
 o Case or matter must pertain to an election dispute and must involve
the exercise of the quasi-judicial or adjudicatory powers of the
Commission.
o Certiorari jurisdiction of the SC is limited to grave abuse of discretion
amounting to patent and substantial denial of due process.
 Findings of the Commission are conclusive upon the courts
 Technical rules on evidence are not rigorously applied in administrative
proceedings especially when the law calls for the proceeding to be summary
o Decide all questions affecting elections
 Questions such as determination of the number and location of polling places,
appointment of election officials and inspectors, registration of voters,
 Does not include questions as to the right to vote such as qualifications and
disqualifications of voters, the right to cast a vote, etc.
o Deputize law enforcement agencies and instrumentalities of the government
 With the concurrence of the President
o Register political parties, organizations or coalitions and accredit its citizen arm
 Prohibited registrations: parties with no platform or programs, those that seek to
achieve goals through violence or unlawful means, refuse to uphold and adhere to
the Constitution, supported by any foreign government and religious denominations
or sect.
o File petitions in court inclusion and exclusion of voters, and investigate & prosecute
violations of election laws
 Empowered to conduct preliminary investigations in cases involving elections
offenses. This power is exclusive. Thus, the Ombudsman or Prosecutor may assume
no role in the prosecution of election offenses
o Recommend measures
 Improvement of the elections, curb overspendings, ensure the enforcement of the
fair and equal exposure rule, prevent a strong party or candidate from taking undue
advantage of the weakness of the other, etc.
o Recommend removal or disciplinary action of any officer it has deputized
 Recommendation to the President for further action, only for officers and employees
chosen with the concurrence of the President.
 Officers and employees appointed by the Commission may be removed by them for
cause.
o Submit a comprehensive report on the conduct of each election
o Contempt powers in judicial functions
o Regulation of public entities and media
o Pardon
 The President only upon favorable recommendation of the Commission shall grant
pardons, amnesties, paroles or suspension of sentences for violation of election
laws.
o Election and campaign periods
 90 days before the election and ends 30 days after, subject to the powers of the
Commission.
o Promulgate its own rules on Procedure
o Voting requirement for rendition of decision
 Transaction of the official business of the Division – 2 members out of 3
 Decision of a case – unanimous concurrence of all 3 Commissioners. If required
number is not obtained, the case may be appealed to the Commission en banc, in
which case the vote of the majority shall be the decision of the Commssion.
 Omnibus Election Code
o Control and supervision over national and local officials and employees
o Promulgate rules and regulations
o Issue subpoenas
o Avail of the assistance of any national or local enforcement agency
o Punish for contempt
o Enforce and execute its decisions
o Prescribe the forms to be used
o Procure supplies and equipment
o Prescribe the use and adoption of the latest technologies
o Carry out a continuing and systematic campaign
o Enlist non-partisan groups or organization
o Conduct hearings on controversies
o Fix other reasonable periods

3. Requirements Before Election

 Registration
o Registration law (RA 8189 Voters Registration Act) and the Constitution
o Application period – until 120 days/90 days before a regular/special election
o Election Registration Board in each city and municipality
 Shall conduct notice and hearing of applications, resolve challengers made to
applications and finally approve or disapprove each application.
o Book of voters – contains approved applications per precinct
 15 days before the start of the campaign, representatives of all registered political
parties and members of the board shall inspect and verify the completeness of each
record.
o Voter’s identification card (VIC)
o Deactivation of registration
 Sentence to suffer imprisonment for not less than 1 year, and shall reacquire the
right to vote upon expiration of 5 years after service.
 Adjudged any crime involving disloyalty to the Government, unless restored his full
civil and political rights
 Declared insane or incompetent
 Did not vote in 2 successive preceding regular elections (SK elections not included)
 Ordered excluded by the court
 Lost his Filipino Citizenship
o Reactivation of registration
 Application for reactivation stating that the ground no longer exists.
 Not allowed 120/90 days before a regular election
o Cancellation of registration
 Voters who have died
o Inclusion, exclusion and correction of names of voters
 Judicial proceedings, within the jurisdiction of the MTC, however summary in
character. Conclusions by the court are not conclusive upon the COMELEC.
 Petition for Inclusion
 Before 105/75 days before a regular/special election
 Petition for Exclusion
 Before 100/65 days before a regular/special election
 o Qualifications
 Citizenship
 Age
 Residence
 Place of his domicile or “place where the elector makes his permanent or true
home, his principal place of business, and his family residence, where he
intends to remain indefinitely, without intent to depart, when he leaves it he
intends to return to it, and after his return he deems himself home.”
 Temporary absence, although frequent or long continued, will not, while the
persons has a continuous intention to return, deprive him of his domicle.
 Actual residence + Bona fide intention to remain
 Mere absence from his permanent residence without the intention to
abandon it does not result in a loss or change of domicile
 Precinct and Polling place
o Precinct – basic unit of territory for purposes of voting
o Polling place – building or place where the board of election inspectors conducts it
proceedings and where the voters cast their votes.
 Certificates of candidacy
o Formal manifestation of a candidate’s intention to run
o COMELEC has the ministerial duty to receive and acknowledge receipt of the certificate of
candidacy but has the jurisdiction under section 78, over a petition to deny due course to
or cancel certificate of candidacy provided due process is observed.
o Must be filed within the period fixed by the Omnibus Election Code, or else, void.
o Withdrawal – written declaration under oath, prior to the election
o Automatic resignation upon filing of COC
 Public appointive official or employee, including AFP and officers and employees of
GOCCs
o An official candidate of a political party who dies, withdraws or is disqualified may be
replaced, even by a non-party member.
 No substitution if disqualified by denial or cancellation of COC
 Under the Automated Election system, in case of valid substitution after the ballots
have been printed, the votes cast for the substituted candidate shall be considered
votes of the substitute.

Remedies
o Petition to deny due course to or cancel a certificate of candidacy (Sec. 78)
 Verified petition may be filed by any person exclusively on the ground that any
material representation contained in his COC is false.
 False representation on material matters/qualifications of a candidate (ex.
Citizenship, residence, etc)
 Not later than 25 from the time of the filing of a COC
o Cancellation of certificate by Commission – nuisance candidate (Sec. 69)
 Commission mot proprio may or upon verified petition of an interested party, refuse
to give due course to or cancel a COC
 Certificate has be filed to put the election process in mockery or disrepute
 Filed to cause confusion among voters, having similar names with candidate
 Candidate has no bona fide intention to run
o Disqualification (Sec. 68)
 Insane or incompetent
  Sentence to final judgment for subversion, insurrection, rebellion or for any offense
with a penalty of 18 months or a crime involving moral turpitude
 Found guilty of giving money to voters or public officials, terrorism, excessive
campaign expenses, solicited or received prohibited contributions, violated Sections
80, 83, 85, 86, and 261 of the Omnibus Election Code
 Permanent resident or an immigrant to a foreign country
Petition to deny due course/cancel COC Petition for Disqualification
(78) (68)
Grounds Misrepresentation in the COC Election Offense
2nd place Declared winner Cannot be declared as winner.
(Maquiling v. COMELEC) (Labo v. COMELEC)
Substitutio No substitution of candidate May substitute disqualified
n candidate
Filing 25 days from filing of the COC Anytime until proclamation
Candidacy Not a candidate at all. Void ab initio Bona Fide candidate until
disqualified

o Failure of Election
 COMELEC sitting en banc is vested with exclusive jurisdiction
 Three conditions:
 No voting
o No election is held – in any polling place & date fixed
o Election is suspended - before the hour fixed by law
o Election is held – during the preparation and the transmission of the
election returns or in the custody, or canvass thereof, such election
results in a failure to elect.
 Votes affect the result of the election
 Caused on account of force majeure, violence, terrorism, fraud or other
analogous causes
 Special elections should be reasonably close to the date of the election, an d not later
than 30 days after the cessation of the cause of the postponement.
o Pre-proclamation
 Infra
o Election Protest
 Infra
o Quo Warranto (Sec. 253)
 Any voter contesting the election on the ground of disqualification or disloyalty to
the Republic of the Philippines
 Filed after the elections, within 10 days from results of the election
 Infra

4. Election Campaign and Expenditures

 Campaign and Election Propaganda
o Prohibited acts
 Engage in election campaign activity outside the campaign period
 Foreigner to aid any candidate or political party
  During campaign period, to tamper or prevent the distribution of lawful election
propaganda
 Give or accept, free or charge, directly or indirectly, food, transportation, drinks or
things of value during 5 hours before or after a public meeting
o Lawful Propaganda
 Pamphlets
 Letters
 Posters
 Paid advertisements (print or broadcast media)
 Equal access to media time and space (per station basis - GMA v. COMELEC)
o National – 120 minutes (TV) and 180 minutes (radio)
o Local – 60 minutes (TV) and 90 minutes (radio)
o Affirmative action of the COMELEC (NPC v. COMELEC)
 COMELEC Space
 COMELEC Time
 Rallies, meetings or other political activites
o Election surveys
 During the election period
 15 days before an election (SWS v. COMELEC)
 Exit Polls (ABS-CBN v. COMELEC)

 Electoral Contributions and Expenditures

o Contribution – gift, donation, subscription, loan, advance or deposit of money or anything
of value made for the purpose of influencing the results of the election
 Prohibited contributions:
 Public or private financial institutions
 Public utilities/Exploiting any natural resource
 Holds contracts or subcontracts to supply the government
 Granted franchises, incentives, exemptions, allocations or similar privileges
or concessions with the government
 Within 1 year prior to election, have been granted loans in excess of P25k by
the government
 Educational institutions which have received grants of P100k
 Officials or Employees of the CSC or AFP
 Foreigners or Foreign corporations
 Prohibited raising of funds
 Hold dances, lotteries, cockfights, games, boxing bouts, beauty contests for
the purpose of raising funds for election.
 Any organization, whether civic or religious, to solicit and/or accept from
any candidate any contribution.
o Expenditure – payment or delivery of money or anything of value for the purpose of
influencing the results of the election
o Statement of contributions and expenditures
 30 days after the election
 Requisite before entering his office
 Fine for non-payment
 Political Parties
o Organized group of persons pursuing the same ideology, political ideas or platform of
government and includes its branches and divisions
 o Registered with the COMELEC
o COMELEC may intervene in disputes internal to a party, such as party leadership, only
when necessary to the discharge of its Constitutional power and functions.
 Party-lists
o Registration with the COMELEC, not later than 180 days before the election. Those already
registered must file a manifestation of its desire to participate in the party-list system 90
days before the election
o Prohibited: Religious, advocates violence or unlawful means, foreign party, receiving
support from foreign government, violates or fails to comply with the laws regarding
elections, declares untruthful statements in its petition, ceased to exist for at least 1 year,
fails to participate last 2 elections or fails to obtain 2% of votes in 2 preceding elections.
o Parameters for participation in party-list elections
Atong Paglaum v. COMELEC
 1. Three different groups may participate in the party-list system: (1) national
parties or organizations, (2) regional parties or organizations, and (3) sectoral
parties or organizations.
 2. National parties or organizations and regional parties or organizations do not
need to organize along sectoral lines and do not need to represent any
"marginalized and underrepresented" sector.
 3. Political parties can participate in party-list elections provided they register
under the party-list system and do not field candidates in legislative district
elections. A political party, whether major or not, that fields candidates in legislative
district elections can participate in party-list elections only through its sectoral wing
that can separately register under the party-list system. The sectoral wing is by itself
an independent sectoral party, and is linked to a political party through a coalition.
 4. Sectoral parties or organizations may either be "marginalized and
underrepresented" or lacking in "well-defined political constituencies." It is enough
that their principal advocacy pertains to the special interest and concerns of their
sector. The sectors that are "marginalized and underrepresented" include labor,
peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped,
veterans, and overseas workers. The sectors that lack "well-defined political
constituencies" include professionals, the elderly, women, and the youth.
 5. A majority of the members of sectoral parties or organizations that represent the
"marginalized and underrepresented" must belong to the "marginalized and
underrepresented" sector they represent. Similarly, a majority of the members of
sectoral parties or organizations that lack "well-defined political constituencies"
must belong to the sector they represent. The nominees of sectoral parties or
organizations that represent the "marginalized and underrepresented," or that
represent those who lack "well-defined political constituencies," either must belong
to their respective sectors, or must have a track record of advocacy for their
respective sectors. The nominees of national and regional parties or organizations
must be bona-fide members of such parties or organizations.
 6. National, regional, and sectoral parties or organizations shall not be disqualified if
some of their nominees are disqualified, provided that they have at least one
nominee who remains qualified.
o Submit list of nominees, not less than 5,not later than 90 days before the election
o Limitations as to nominees
 Person may be nominated only in 1 list
 Consent in writing given by nominees
  List should not include any candidate in the same election or lost his bid in an
elective post in the preceding election
 No change or alteration except if nominee dies, his nomination is withdraw, or
becomes incapacitated
o Allocations of seats
BANAT v. COMELEC
 80-20 apportionment of seats in the lower house
 2% threshold
 Allocation of remaining seats
 3 seat cap rule
5. The Election
 Preliminary Considerations
o Kinds of elections
 General
 Regular
 Special
o Purpose – direct participation in the affairs of the government
o Construction – statutes providing for election contests are to liberally construed to the end
that the will of the people in the choice of public officers may not be defeated by mere
technical objections.
o Postponement
 COMELEC motu proprio or upon a verified petition by an interested party
 Violence, terrorism, loss or destruction of election paraphernalia or records, force
majeure and other analogous causes of such a nature that holding of a free, orderly
and honest election should be impossible.
o Failure of Elections
 Supra
 Casting Votes
 Counting Votes
o Board of Election Inspectors
 A chairman and 2 members (all public school teachers) who shall take and sign an
oath
 Powers:
 Voting and counting
 Acts as deputies of the COMELEC in the supervision and control of the
election in the polling place
 Perform such other functions as prescribed by law and COMELEC
 Canvass and Proclamation
o Board of Canvassers (Provincial, City and Municipal)
 COMELEC has direct control and supervision over the board of canvass and its
proceedings. BOC merely a ministerial body tasked to canvass all votes on election
returns submitted to it in due form
 Automated Elections resulted in the counted votes by the PCOS to automatically be
transmitted to the canvassing centers
 Proclamation by the board
 Ministerial duty of the BOC. It enjoys the presumption of regularity.
 Automatic proclamation of a lone candidate for any elective public office
 Canvass proceedings
 Administrative and summary in nature
  Election returns are accorded prima facie status as bona fide reports of the
result of the voting for canvassing and proclamation purposes
 As long as the returns appear to be authentic and duly accomplished on their
face, the BOC cannot look beyond or behind them to verify allegations of
irregularities in the casting or the counting of the votes.
o Only when there is prima facie showing that the return is not genuine
does the rule not apply.
o COMELEC/BOC can suspend the canvass of votes pending its inquiry
whether there exits a discrepancy between the various copies of the
returns from the disputed voting centers.

6. Contested Elections
 Pre-proclamation controversy
o Any question on matter pertaining to or affecting the proceedings of the board of
canvassers which may be raised by the candidate or by any registered political party or
coalition of political parties before the board or directly with the COMELEC.
o Limited to challenges directed against the board of canvassers and the proceedings before
said board relating to election returns.
o COMELEC has exclusive jurisdiction involving local elective officials.
 No pre-proclamation cases in election of President, VP, Senators, Congress. Only
allowed is the correction of “manifest errors in the certificate of canvass or election
returns”
o May order the partial or total suspension or annulment of proclamation
o Summary in nature – use as basis records and evidence elevated to it by the BOC.
o Grounds:
 Illegal composition the Board of Canvassers
 Legal qualifications and appointments of the members
 Illegal proceedings of the Board of Canvassers
 Results of which are pre-determined and manipulated as when any of the ff
circumstances are present:
o Precipitate canvassing
o Terrorism
o Lack of sufficient notice to the members of the BOCs
o Improper venue
 Manifest errors in the certificate of canvass or election returns – ONLY for
National elective officials
o Error must appear on the face of the COC or ER
o Objection made before BOC and noted in the minutes of the
proceeding
o Filed within 5 days from proclamation
o All pre-proclamation cases pending before the Commission shall be deemed terminated at
the beginning of the term of the office involved, without prejudice to the filing of a regular
election protests by the aggrieved party.
 However, the proceedings may continue when on the basis of evidence the
COMELEC determines that the petition appears meritorious and accordingly issues
an order for the proceeding to continue or when an appropriate order has been
issued by the SC in a petition for certiorari.
 Running of the period to file an election protest shall be deemed suspended.
 o Filing of an election protests or a petition for quo warranto bars the subsequent filing of a
pre-proclamation controversy or a petition to annul proclamation. It amounts to the
abandonment of one filed earlier, thus depriving the COMELEC of the authority to inquire
into and pass upon the title of the protestee or the validity of his proclamation.
 Exception:
 What is filed is not really a quo warranto or election protests but a petition to
annul a proclamation
 Quo warranto is not the proper remedy
 The BOC is improperly constituted
 The filing of a quo warranto or an election protest is expressly made without
prejudice to pre-proclamation contests or is made ad cautelam
 The proclamation is null and void.
 Election Contest
o Filed by a defeated candidate who has duly filed his certificate of candidate and has been
voted for the same office.
o Lodged only against a proclaimed candidate
o Grounds
 Fraud, terrorism, irregularities or illegal acts committed before, during, or after the
casting and counting of votes
o Must be filed within 10 days from the proclamation of the election results
o Election contest is imbued with public interest
 Time is of the essence
 Death of either would not oust the court of all authority to continue the protest
proceedings
 Election laws are liberally construed – technical and procedural barriers should not
be allowed to stand if they constitute an obstacle to the determination of the true
will of the electorate in the choice of their elective officials
 Failure to raise ground or to appeal is not lethal to the case
 Execution pending appeal allowed upon good reason
 Rules of Court are suppletory in character and apply whenever practicable
and convenient.
 Demurrer to evidence not applicable
o Jurisdiction
 Local Officials - COMELEC
 Municipal and Barangay Officials – RTC and MTC  COMELEC
 Congress – HRET
 HRET gains jurisdiction only upon 1) Proclamation, 2) Proper oath and 3)
Assumes office (Reyes v. COMELEC)
 President & VP – Supreme Court
o Assumption of office during pendency of election protest
 Execution pending appeal allowed only upon good reasons
 Public interest involved or the will of the electorate
 The shortness of the remaining portion of the term of the contested office
 The length of time that the election contests has been pending
o Always construe in favor of the sanctity of the ballot
o Evidence on the election
 Election returns
 Ballots
 Must be preserved with a care which precludes the opportunity of tampering
and all suspicion of change, abstraction or substitution
 Poll-books and tally sheets
 Election officials
 Voters
 Certificate of votes
 Thumbprints of voters
o Right of winner in an election contest to recover damages
 Actual or compensatory damages, attorney’s fees
 Ratio: Civil Code provides that damages must be in accordance with law, or in this
case, under the chapter on human relations.
 Must be based on a wrongful act or omission or breach of obligation of the losing
party.

7. Election Offenses
 Jurisdiction
o Investigate and Prosecute
 COMELEC has the power, concurrent with the other prosecuting arms of the
government, to conduct preliminary investigations of all election offenses
punishable under the Code, and prosecute the same.
o Try and Decide violations of election law
 RTC has the exclusive original jurisdiction to try and decide any criminal action or
proceeding for violation of the Code, except those relation to the offense of failure to
register or failure to vote which shall be under the jurisdiction of the MTC.
 Election Offenses
 Prescription – 5 years from the date of their commission