LAW ON PUBLIC OFFICERS Distinctions between Public Office and Public

Contract:
Public Office – is the right, authority, and duty created and
conferred by law, by which for a given period, either fixed Public Office Public Contract
by law or enduring at the pleasure of the appointing Created by the Constitution Created by the will of the
power, an individual is invested with some portion of the or by the legislature or by a contracting parties.
sovereign functions of the government, to be exercised by municipality or other body
him for the benefit of the public. through authority conferred
by the legislature.
Essential elements of Public Office: Object is the portion of the Object is the obligation
1. It must be created by the Constitution or by the sovereign power of between the contracting
legislature or by a municipality or other body government to be exercised parties.
through authority conferred by the legislature; for the benefit of the public.
(enabling law) Scope is the term and Scope is the duration and
2. It must possess a delegation of a portion of the tenure of the public office. objects defined by the
sovereign power of government to be exercised contracting parties.
for the benefit of the public;
3. The powers conferred, and the duties to be Distinctions between Public Office and Public
discharged, must be defined by the enabling law; Employment:
4. The duties must be performed independently
without control of a superior power other than the Public Office Public Employment
law, unless those of an inferior or subordinate Public officer Public Employee
office; There is an exercise of some There is no exercise of some
5. It must have some permanency or continuity. portion of the sovereign portion of the sovereign
power of government. power of government.
A Public Office may be created by:
 Constitution Distinction between Officer and Employee:
 Statute
 Authority of law Officer Employee
It refers to a person whose It includes any person in
“Public Office is a Public Trust” – It means that the duties, not being of a mere the service of the
officer holds the office in trust for the benefit of the people. clerical or numeral nature, government or any of its
involves the exercise of agencies, divisions,
Purpose of Public Office: For the common good, and not discretion in the subdivisions or
for private interest. performance of the instrumentalities. It does
functions of the not exercise any discretion
Scope of Public Office: government. in the performance of the
 Creation functions of the
 Modification government.
 Dissolution
Officer is distinguished from an employee in the greater
Scope of Public Officers: importance, dignity and independence of his position,
 Eligibility being required to take an official oath, and perhaps give an
 Manner of their Election or Appointment and official bond and in the liability to be called to account as a
Assumption of Office public offender for misfeasance or nonfeasance in office.
 Rights
 Duties Methods of Organizing Offices:
 Powers 1. Single-head – One head assisted by subordinates.
 Inhibitions Swifter decision and actions but may sometimes
 Liabilities be hastily made.
 Modes of Terminating their Official Relations 2. Board system – Collegial body in formulating
policies and implementing programs. Mature
Office – It refers to that position or function by virtue of studies and deliberations but may be slow in
which a person has some employment in the affairs of responding to issues and problems.
another, whether:
a. The incumbent is selected by appointment or
election; or
b. He/She is appointed at the pleasure of the
appointing power or for a fixed term.

APRIL LYNN L. URSAL Page 1

Characteristics of a Public Office:
1. It is a public trust.
2. It is not a natural right because there must be a
law expressly or impliedly creating and conferring
it.
3. It is a right protected by security of tenure by
provision of the Constitution.
4. It is personal to the incumbent and cannot be
inherited.
5. It cannot be the subject of a contract.
Classifications of Public Office:
1. As to nature and function:
a. Civil
b. Military
2. As to creation:
a. Constitution
b. Statute
3. As to department of government:
a. Legislative
b. Executive
c. Judiciary
4. As to public body served:
a. National
b. Local
5. As to exercise of discretion is required:
a. Quasi-judicial
b. Ministerial
6. As to compensation:
a. Lucrative Office / Office for Profit / Office
coupled with Interest
b. Honorary Office
7. As to legality of title:
a. De jure
b. De facto
* Compensation is not indispensable to a public office. It
is merely incidental.
Appointment – It is the act of designation by the executive
officer, board, or body to whom that power has been
delegated, of the individual who is to exercise the powers
and functions of a given office. It is to be distinguished
from the selection or designation by a popular vote.
 Power to appoint is generally regarded as an
executive function. But it is not limited to the
executive department.
 Power of appointment is absolute when the choice
of the appointing authority is conclusive. It is
conditional where assent or approval by some
other officer or body is necessary to complete the
appointment.
 Acceptance of appointment is not necessary for
the completion or validity of appointment.
Acceptance may be express when it is done
verbally or in writing. Acceptance is implied when
without formal acceptance; the appointee enters
upon the exercise of the duties and functions of an
office.
 The general rule is that an appointment to an
office, once made and complete, is not subject to
reconsideration or revocation. The exception is
where an officer is removable at will of the
appointing power.
Designation – It is simply the mere imposition of new or
additional duties upon an incumbent officer to be
performed by him in a special manner. It presupposes that
the officer is already in the service by virtue of an earlier
appointment, performing other functions.
The 4 Groups of Officers whom the President shall
appoint are:
1. Officers whose appointments are vested in him in
the Constitution;
2. All other officers of the government whose
appointments are not otherwise provided by law;
3. Those whom the President may be authorized by
law to appoint; and
4. Officers of lower in rank whose appointments the
Congress may by law vest in the President alone.
* The first group (1) is the group which requires the
concurrence of the Commission on Appointments.
Steps in the Appointing Process:
1. Nomination – This is the exclusive prerogative of
the President. He nominates a person whom he
deems fit and qualified for the position. He sends
nomination to the Commission on Appointments.
2. Confirmation – Upon the receipt of the
nomination, the Chairman of the Commission on
Appointments immediately refers the nomination
to the corresponding standing committee for
consideration. A certification to this effect shall be
signed by the Secretary of Commission on
Appointments. The Commission rules on all
nominations by a majority vote of its members.
3. Issuance of commission – After confirmation, a
Certification of Nomination is issued by the
Commission to the nominee or appointee.
* Confirmation on the part of the Civil Service Commission
is called “Attestation.”
Doctrine of Implication (General Rule): The power to
appoint carries with it the power to remove.
 Exception: When the law expressly provides
otherwise — that is when the power to remove is
expressly vested in an office or authority other
than the appointing power.
Election – It means the choice or selection of candidates to
public office by popular vote through the use of ballot.
Qualification – It means the possession of the qualities or
circumstances which are inherently or legally necessary to
render him eligible to fill an office or to perform a public
duty or function. Lack of disqualification is itself a
qualification.
APRIL LYNN L. URSAL Page 2
Eligibility – It is the state or quality of being legally fitted
or qualified to be chosen.
Disqualifications to hold Public Office are:
1. Mental or physical incapacity;
2. Misconduct or crime;
3. Impeachment;
4. Removal or suspension from office;
5. Previous tenure of office;
6. Consecutive terms;
7. Holding more than one office;
8. Relationship with the appointing power;
9. Office newly created or the emoluments of which
have been increased;
10. Being an elective official,
11. Having been a candidate for any elective position;
and
12. Grounds under the Local Government Code.
* In the absence of constitutional inhibition, Congress has
the same right to provide disqualifications that it has to
provide qualifications for office.
* When the Constitution has attached a disqualification to
the holding of any office, Congress cannot remove it under
the power to prescribe qualifications as to such offices as it
may create.
* Presumption is in favor of eligibility.
 The qualifications are continuing requirements
and must be possessed not only at the time of
appointment or election or assumption of office
but during the officer’s entire tenure.
Formal Qualifications are:
1. Citizenship;
2. Age;
3. Suffrage;
4. Residence;
5. Education;
6. Ability to read and write;
7. Political affiliation; and
8. Civil service examination.
De Jure Officer – is one who has the lawful right to the
office in all respects, but who has either been ousted from
it, or who has never actually taken possession of it.
De Facto Officer – is one who has the reputation or
appearance of being the officer he assumes to be but who,
in fact, under the law, has no right or title to the office he
assumes to hold.
The conditions and elements of de facto officership are
the following:
1. There must be a de jure office;
2. There must be color of right or general
acquiescence by the public; and
3. There must be actual physical possession of the
office in good faith.
* One can qualify as a de facto officer only if all the
aforestated elements are present. There can be no de facto
officer where there is no de jure office, although there may
be a de facto officer in a de jure office.
Usurper – is one who takes possession of the office and
undertakes to act officially without any color of right or
authority, either actual or apparent.
Emolument – It is the returns arising from office or
employment usually in the form of compensation or
perquisites.
Authority of Public Officer: As explained by Carlo Cruz,
“the authority of public officer is derived from the people
themselves.” Section 1, Article II of the 1987 constitution
provides that “[t]he Philippines is a democratic and
republican State. Sovereignty resides in the people and all
government authority emanates from them.”
Duties of a Public Officer:
1. Ministerial duty – It is when it is absolute,
certain, and imperative involving merely
execution of a specific duty imposed by law.
2. Discretionary duty – It is when it requires the
exercise of reason and discretion in determining
how or whether the act shall be done or the
course pursued.
Scope of Power of a Public Officer: It consists of those
powers which are expressly conferred upon him by the
law under which he has been appointed or elected;
expressly annexed to the office by the law which created it
or some other law referring to it; or attached to the office
as incidents to it
The Three-Fold Responsibility of Public Officers: This
simply means that a public officer may be held civilly,
criminally, and administratively liable for a wrongful
doing. Thus, if such violation or wrongful act results in
damages to an individual, the public officer may be held
civilly liable to reimburse the injured party. If the law
violated attaches a penal sanction, the erring officer may
be punished criminally. Finally, such violation may also
lead to suspension, removal from office, or other
administrative sanctions. This administrative liability is
separate and distinct from the penal and civil liabilities.
(Flores vs. Montemayor, G.R. No. 170146, June 8, 2011)
Civil Service Commission – It is the central personnel
agency of the government charged with the duty of
determining questions of qualifications of merit and fitness
of those appointed to the civil service. Its power to issue a
certificate of eligibility carries with it the power to revoke
a certificate for being null and void.
APRIL LYNN L. URSAL Page 3
Important Legal Concepts:
 Quo Warranto – It is a proceeding to determine
the right of a person to the use or exercise of office
and to oust the holder from its enjoyment, if his
claim is not well-founded, or if he has forfeited his
right to enjoy the privilege.
 Hold-Over Principle – This means that a public
officer whose term has expired or his services
terminated is allowed to continue holding his
office until his successor is appointed or chosen
and had qualified.
 Nepotism – This means favoritism in all
appointments in the national and local
governments or any branch or instrumentality
thereof, including government-owned or
controlled corporations in favor of a relative
within the third degree of consanguinity or affinity
by the appointing authority, recommending
authority, chief of the bureau or office, or person
exercising immediate supervision over the
appointee. This is prohibited.
 Next-In-Rank Rule – This means that the person
next-in-rank shall be given preference in
promotion when the position immediately above
his is vacated. This applies only in cases of
promotion but it is not a mandatory requirement.
The appointing authority still exercises discretion,
although he is required to specify the “special
reason/s” for not appointing the officer next-in-
rank.
 Divestment – This is the transfer of title or
disposal of interest in property by voluntarily,
completely and actually depriving or
dispossessing oneself of his right or title to it in
favor of a person or persons other than his spouse
and relatives. Such official must resign from his
position in any private business enterprise within
30 days from his assumption of office and/or
divest himself of his shareholdings or interest
within 60 days from such assumption.
 Official Immunity – This means the State cannot
be sued without its consent. The immunity
extends to the Head of the State. This only
protects public officials from tort liability for
damages arising from discretionary acts or
functions in the performance of their officials
duties.
o Exceptions to this immunity are:
 State has given its consent;
 State has waived its immunity;
 State voluntarily submitted to
jurisdiction of the court
concerned.
Preventive Suspension – It is an interim remedial
measure to address the situation of an official who have
been charged administratively or criminally, where the
evidence preliminarily indicates the likelihood of or
potential for eventual guilt or liability.
* Preventive suspension is imposed under the Local
Government Code "when the evidence of guilt is strong
and given the gravity of the offense, there is a possibility
that the continuance in office of the respondent could
influence the witnesses or pose a threat to the safety and
integrity of the records and other evidence."
* Under the Anti-Graft and Corrupt Practices Act, it is
imposed after a valid information (that requires a finding
of probable cause) has been filed in court.
* Under the Ombudsman Act, it is imposed when, in the
judgment of the Ombudsman, the evidence of guilt is
strong; and
a. the charge involves dishonesty, oppression or
grave misconduct or neglect in the performance of
duty; or
b. the charges would warrant removal from the
service; or
c. the respondent’s continued stay in office may
prejudice the case filed against him.
Two Kinds of Preventive Suspension:
1. Preventive Suspension Pending Investigation –
There is no right to compensation.
2. Preventive Suspension Pending Appeal – There
is right to compensation only when the public
officer is exonerated.
* The duration of preventive suspension is coeval with the
period prescribed for deciding administrative disciplinary
cases. If the case is decided before ninety (90) days then
the suspension will last less than ninety (90) days, but if
the case is not decided within ninety (90) days, then the
suspension may not exceed the maximum period of ninety
(90) days. (Bolastig vs. Sandiganbayan, August 4, 1994)
Ombudsman Act, Section 19. Administrative
Complaints. — The Ombudsman shall act on all
complaints relating, but not limited to acts or
omissions which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or
discriminatory;
(3) Are inconsistent with the general course of an
agency's functions, though in accordance with law;
(4) Proceed from a mistake of law or an arbitrary
ascertainment of facts;
(5) Are in the exercise of discretionary powers but for
an improper purpose; or
(6) Are otherwise irregular, immoral or devoid of
justification.
Ombudsman Act, Section 21. Officials Subject to
Disciplinary Authority; Exceptions. — The Office of the
Ombudsman shall have disciplinary authority over all
elective and appointive officials of the Government and its
subdivisions, instrumentalities and agencies, including
Members of the Cabinet, local government, government-
owned or controlled corporations and their subsidiaries,
APRIL LYNN L. URSAL Page 4
except over officials who may be removed only by
impeachment or over Members of Congress, and the
Judiciary.
Vacancy – There is a vacancy when an office is empty and
without a legally qualified incumbent appointed or elected
to it with a lawful right to exercise its powers and perform
its duties. There can be no appointment to a non-vacant
position.
Modes of Termination of Official Relations:
 Natural Causes (RED)
1. Reaching the Age Limit (Retirement)
2. Expiration of the Term or Tenure of Office
3. Death or Permanent Disability
 Acts / Neglect of Officer (PARA)
1. Prescription of Right to Office
2. Abandonment of Office
3. Resignation
4. Acceptance of an Incompatible Office
 Acts of the Government or People (CARRI)
1. Conviction of a Crime
2. Abolition of Office
3. Recall
4. Removal
5. Impeachment
Reaching the Age Limit
Compulsory Retirement
 70 years old for members of judiciary
 65 years old for other government officers or
employees
Optional Retirement
 R.A. No. 1616 allows optional retirement after an officer
has rendered a minimum number of years of government
service, when availed of by the public officer, will result in
the termination of official relationship through reaching
the age limit or retirement.
Expiration of the Term or Tenure of Office
Term – The fixed and definite period of time, during which
the officer may claim to hold the office as of right.
Tenure – The period during which the incumbent actually
holds the office. It may be shorter than the term.
Expiration of term or tenure of office:
 End of a fixed term  Upon the expiration of the
officer’s term, unless he is authorized by law to
hold over, his rights, duties and authority as a
public officer must be ipso facto terminated.
 End of pleasure where one holds office at
pleasure of appointing authority
 President can validly terminate tenure of Vice
Mayor of Roxas City as the office was created at
the pleasure of the President. Replacement is not
removal, but an expiration of tenure, which is an
ordinary mode of terminating official relations.
What is involved here is not the question of
removal, or whether legal cause should precede or
not that of removal. What are involved here are
the creation of an office and the tenure of such
office, which has been made expressly dependent
upon the pleasure of the President. (Alba vs.
Evangelista)
 The legislative intent is to make continuance in
office dependent upon the pleasure of the
President. Congress has the power to vest such
power of appointment. Further, “A public office is
the right for a given period, either fixed by law or
enduring at the pleasure of the creating power.”
(Fernandez vs. Ledesma)
 Loss of confidence in primarily confidential
employment
 Even officers and employees of the civil service
occupying primarily confidential positions are
subject to the constitutional safeguard against
removal or suspension except for cause. Official
and employees holding primarily confidential
positions continue only for so long as confidence
in them endures. The termination of their official
relation can be justified on the ground of loss of
confidence because in that case, their cessation
from office involves no removal but merely the
expiration of the term of office. (Hernandez vs.
Villegas)
 It should be noted however, that when such
pleasure turns into displeasure, the incumbent is
not “removed” or “dismissed” from office - his
“term” merely “expires” in much the same way as
an officer, whose right thereto ceases upon
expiration of the fixed term for which he had been
appointed or elected is not and cannot be deemed
“removed” or “dismissed” therefrom, upon the
expiration of said term. The main difference
between the former - the primarily confidential
officer - and the latter is that the latter’s term is
fixed or definite, whereas that of the former is not
pre-fixed but indefinite, at the time of his
appointment or election, and becomes fixed and
determined when the appointing power expresses
its decision to put an end to the services of the
incumbent. When this event takes place, the latter
is not “removed” or “dismissed” from officer - his
term has merely expired. (Ingles vs. Mutuc)
Death or Permanent Disability
Death
 General Rule: Death of a public official renders the
office vacant.
 Exception: When the authority is conferred upon two
or more officers.
Permanent Disability
 It covers both physical and mental disability.
APRIL LYNN L. URSAL Page 5
 In case where the public officer refuses to give up his
office, 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.
Prescription of Right to Office
“Petition for Reinstatement” after illegal ouster or
dismissal or “Petition for Recovery of Public Office”
 shall be filed within 1 year from the date the petitioner
is illegally ousted.
 Exception: Strong, compelling and special
circumstances.
 Cristobal vs. Melchor: On grounds of equity.
 Reason: Title to public office should not be subject to
continued uncertainty; should be determined as speedily
as possible.
* The filing of an action for administrative remedy does not
suspend the period for filing the appropriate judicial
proceeding (quo warranto); 1 year period runs even
during pendency of a motion for reconsideration.
Abandonment of Office
Abandonment of Office – It is the voluntary
relinquishment of an office by the holder with the
intention of terminating his possession and control
thereof.
* In order to constitute abandonment of office, it must be
total and under such circumstance as clearly to indicate an
absolute relinquishment. There must be a complete
abandonment of duties of such continuance that the law
will infer a relinquishment.
A person holding an office may abandon such office by:
1. Non-user – It refers to a neglect to use a right or
privilege or to exercise office.
2. Acquiescence – It is done by the public officer in
his wrongful removal or discharge, for instance,
after summary removal, an unreasonable delay by
an officer illegally removed in taking legal steps to
vindicate his rights.
Non-performance does not constitute abandonment
when such non-performance results from:
1. Temporary disability; or
2. Involuntary failure to perform.
* Where the public officer vacates office in deference to the
requirements of a statute which is afterwards declared
unconstitutional, such surrender will not be deemed
abandonment.
* Mere delay in qualifying for an office is not abandonment.
* But failure to assume office within 6 months from
proclamation, without just or valid cause, shall have the
effect of vacating the office.
* Automatically separated if he fails to return to the service
after the expiration of 1-year leave of absence without pay.
* Absent for at least 30 days without approved leave are
considered on Absence Without Leave (AWOL) and shall
be dropped from the service after due notice.
Resignation
Resignation – It is the act of giving up or the act of an
officer by which he declines his office and renounces the
further right to use it.
* To constitute a complete and operative act of resignation,
the officer or employee must show a clear intention to
relinquish or surrender his position accompanied by the
act of relinquishment. Resignation implies an expression of
the incumbent in some form, express or implied, of the
intention to surrender, renounce and relinquish the office,
and its acceptance by competent authority.
* “Courtesy Resignation lacks” the element of
voluntariness and therefore is not a valid resignation.
* Acceptance is necessary for resignation of a public officer
to be operative and effective.
* Article 238 of the Revised Penal Code penalizes any
public officer who, before the acceptance of his
resignation, abandons his office to the detriment of the
public service.
* If the public officer is mandated by law to hold-over, the
resignation, even if accepted, will not be effective until
after appointment/election of his successor.
Effective Date of Resignation:
 Date specified in the tender.
 If there is no date specified, it is when the public
officer receives notice of the acceptance not the
date of the letter or notice of acceptance.
Acceptance of an Incompatible Office
Test of Incompatibility: It is not the mere physical
impossibility of one person’s performing the duties of the
two offices as the same moment, but that which proceeds
from the nature and relation of the two positions/offices to
each other as to give rise to contrariety and antagonism
should one person attempt to faithfully and impartially
discharge the duties of one toward the incumbent of the
other.
Acceptance of incompatible office ipso facto vacates the
other. There is no necessity for any proceeding to declare
or complete the vacation of the first.
APRIL LYNN L. URSAL Page 6

Exception: When it is authorized by law to accept the
other office.
Incompatibility of 2 or more offices may be created by:
1. Constitution; or
2. Law.
Conviction of a Crime
* Penalty imposed upon conviction carries with it the
accessory penalty of disqualification; conviction by final
judgment automatically terminates official relationship.
* Plenary pardon extinguishes the accessory penalty of
disqualification, but it will not restore the public office to
the officer convicted.
* He must be given a new appointment.
Abolition of Office
Reorganization – It is the process of restructuring the
bureaucracy’s organization and functional set-up, to make
it more viable in terms of the economy, efficiency, and
effectiveness and make it more responsive to the needs of
its public clientele as authorized by law.
The power to reorganize or abolish an office: It is
within the competence of the legislature.
Requisites for Abolition of Office:
1. It is made in good faith;
2. There is a clear intent to do away with the office;
and
3. It is implemented in a manner not contrary to law.
* After abolition, there is in law no occupant.
* The power to establish an office includes the authority to
abolish it, unless there are constitutional or statutory rule
expressly or impliedly providing otherwise.
* An abolition in good faith is neither removal nor
separation of the incumbents.
Recall
Recall – It is an electoral mode of removal of a public
officer by the people before the end of his term. The
people’s prerogative to remove a public officer is an
incident of their sovereign power, even in the absence of
constitutional restraint; the power is implied in all
governmental operations. (Garcia v. COMELEC, G.R. No.
111511 October 5, 1993)
- It is an electoral mode of removal employed directly by
the people themselves through the exercise of their right
of suffrage. It is a political question not subject to judicial
review. It is a political question that has to be decided by
the people in their sovereign capacity. (Evardone vs.
COMELEC, G.R. No. 94010, Dec. 2, 1991)
Note: Expenses for the conduct of recall elections: Annual
General Appropriations Act has a contingency fund at the
disposal of the COMELEC (Sec. 75, LGC)
What is the ground for recall? Is this subject to judicial
inquiry?
 The only ground for recall of local government
officials is loss of confidence. No, it is not subject
to judicial inquiry, the Court ruled that ‘loss of
confidence’ as a ground for recall is a political
question. (Evardone vs. COMELEC, G.R. No. 94010
Dec. 2, 1991).
What are the limitations on recall?
1. An elective official can be subjected to recall only
once. (Section 74 (a), LGC)
2. No recall shall take place within one (1) year from
the assumption of office or one year immediately
preceding a regular local election. (Section 74 (b),
LGC)
Upon whom and how may a recall be initiated?
- Who: any elective
a. Provincial
b. City
c. Municipal
d. Barangay official
- How: By a petition of a registered voter in the LGU
concerned and supported by the registered voters
in the LGU concerned during the election in which
the local official sought to be recalled was elected.
(Sec. 70 of LGC, as amended by R.A. 9244)
Note: By virtue of R.A. No. 9244 (An Act Eliminating the
Preparatory Recall Assembly as a Mode of Instituting
Recall of Elective Local Government Officials), Secs. 70 and
71 of the Local Government Code were amended, and the
“Preparatory Recall Assembly” has been eliminated as a
mode of instituting recall of elective local government
officials. All pending petitions for recall initiated through
the Preparatory Recall Assembly shall be considered
dismissed upon the effectivity of R.A. No. 9244. (Approved
Feb. 19, 2004)
Section 74 of the Local Government Code provides that
“no recall shall take place within one year immediately
preceding a regular local election.” What does the
term “regular local election,” as used in this section,
mean?
 It refers to one where the position of the official
sought to be recalled is to be actually contested
and filled by the electorate. (Paras vs. COMELEC,
G.R. No. 123169, Nov. 4, 1996)
 The one‐year time bar will not apply where the
local official sought to be recalled is a Mayor and
the approaching election is a barangay election.
APRIL LYNN L. URSAL Page 7
 (Angobung vs. COMELEC, G.R. No. 126576, Mar. 5,
1997)
State the initiation of the recall process.
1. It shall be commenced by a written petition of a
registered voter in the LGU concerned, supported
by the required percentage of the total number of
registered voters during the election in which the
local official sought to be recalled was elected. (%
decreases as population of people in area increases.
Also, the supporting voters must all sign the
petition).
 At least twenty-five percent (25%)  in
the case of local government units with a
voting population of not more than
twenty thousand (20,000);
 At least twenty percent (20%)  in the
case of local government units with a
voting population of at least twenty
thousand (20,000) but not more than
seventy-five thousand (75,000): Provided,
That in no case shall the required
petitioners be less than five thousand
(5,000);
 At least fifteen percent (15%)  in the
case of local government units with a
voting population of at least seventy-five
thousand (75,000) but not more than
three hundred thousand (300,000):
Provided, however, That in no case shall
the required number of petitioners be less
than fifteen thousand (15,000); and
 At least ten percent (10%)  in the case
of local government units with a voting
population of over three hundred
thousand (300,000): Provided, however,
That in no case shall the required
petitioners be less than forty-five thousand
(45,000).
2. The written petition shall be duly signed before
the election registrar/representative in the
presence of a representative of the petitioner and
a representative of the official, in a public place, in
the province, city, municipality or barangay, and
filed with the COMELEC through its office in the
LGU concerned.
3. Within 15 days after filing, COMELEC must certify
the sufficiency of the required number of
signatures. Failure to obtain required number
automatically nullifies petition.
4. Within 3 days of certification of sufficiency,
COMELEC provides official with copy of petition
and causes its publication for three weeks (once a
week) in a national newspaper and a local
newspaper of general circulation. Petition must
also be posted for 10 to 20 days at conspicuous
places. Protest should be filed at this point and
ruled with finality 15 days after filing.
5. COMELEC verifies and authenticates the signature.
6. COMELEC announces acceptance of candidates.
7. COMELEC sets election within 30 days upon
completion of previous section in
barangay/city/municipality proceedings and 45
days in the case of provincial officials. Officials
sought to be recalled are automatically candidates.
(Sec. 70, LGC)
When does recall take effect?
- Only upon the election and proclamation of a
successor in the person of the candidate receiving
the highest number of votes cast during the
election on recall. Should the official sought to be
recalled receive the highest number of votes,
confidence in him is thereby affirmed, and he shall
continue in office. (Sec. 72, LGC)
May an elective local official sought to be recalled
resign?
- The elective local official sought to be recalled
shall not be allowed to resign while the recall
process is in progress. (Sec. 73, LGC)
Will it be proper for the COMELEC to act on a petition
for recall signed by just one person?
- A petition for recall signed by just one person is in
violation of the statutory 25% minimum
requirement as to the number of signatures
supporting any petition for recall. (Angobung vs.
COMELEC, G.R. No. 126576, March 5, 1997)
Removal
* No officer or employee of the civil service shall be
removed or suspended except for cause provided by law.
(Sec. 2[3], Art. IX, 1987 Constitution)
Constitutional Guarantee of Security of Tenure: Public
officer or employee is not removed or suspended, except
for causes provided by law.
Grounds for Removal from Office:
 For Presidential appointees  Prof. Barlongay
states that there is no specific law providing for
the grounds for their removal. Determination of
grounds is just a matter of practice and by
analogy, the grounds used for non-presidential
appointees are made applicable.
 For civil service officials and employees  See
Sec. 46, Book V, E.O. No. 292 which provides for at
least 30 grounds for disciplinary action.
(1) Dishonesty;
(2) Oppression;
(3) Neglect of duty;
(4) Misconduct;
(5) Disgraceful and immoral conduct;
(6) Being notoriously undesirable;
(7) Discourtesy in the course of official duties;
(8) Inefficiency and incompetence in the
performance of official duties;
APRIL LYNN L. URSAL Page 8
 (9) Receiving for personal use of a fee, gift or
other valuable thing in the course of official
duties or in connection therewith when such
fee, gift, or other valuable thing is given by
any person in the hope or expectation of
receiving favor or better treatment than that
accorded other persons, or committing acts
punishable under the anti-graft laws;
(10) Conviction of a crime involving moral
turpitude;
(11) Improper or unauthorized solicitation of
contributions from subordinate employees
and by teachers or school officials from school
children;
(12) Violation of existing Civil Service Law
and rules or reasonable office regulations;
(13) Falsification of official document;
(14) Frequent unauthorized absences or
tardiness in reporting for duty, loafing or
frequently unauthorized absence from duty
during regular office hours;
(15) Habitual drunkenness;
(16) Gambling prohibited by law;
(17) Refusal to perform official duty or render
overtime service;
(18) Disgraceful, immoral or dishonest
conduct prior to entering the service;
(19) Physical or mental incapacity or
disability due to immoral or vicious habits;
(20) Borrowing money by superior officers
from subordinates or lending by subordinates
to superior officers;
(21) Lending money at usurious rates or
interest;
(22) Willful failure to pay just debts or willful
failure to pay taxes due to the government;
(23) Contracting loans of money or other
property from persons with whom the office
of the employee concerned has business
relations;
(24) Pursuit of private business, vocation or
profession without the permission required
by Civil Service rules and regulations;
(25) Insubordination;
(26) Engaging directly or indirectly in
partisan political activities by one holding a
non-political office;
(27) Conduct prejudicial to the best interest of
the service;
(28) Lobbying for personal interest or gain in
legislative halls and offices without authority;
(29) Promoting the sale of tickets in behalf of
private enterprises that are not intended for
charitable or public welfare purposes and
even in the latter cases if there is no prior
authority;
(30) Nepotism as defined in Section 60 of this
Title.
 For local elective officials  Sec. 60 of the Local
Government Code provides for the grounds where
an elective local official may be disciplined,
suspended or removed from office.
(a) Disloyalty to the Republic of the
Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in
office, gross negligence, or dereliction of duty;
(d) Commission of any offense involving
moral turpitude or an offense punishable by
at least prision mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15)
consecutive working days, except in the case
of members of the sangguniang panlalawigan,
sangguniang panlungsod, sangguniang bayan,
and sangguniang barangay;
(g) Application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country; and
(h) Such other grounds as may be provided in
this Code and other laws.
* An unconsented transfer resulting in demotion in rank or
salary is tantamount to removal without just cause.
* A transfer that results in promotion or demotion,
advancement or reduction or a transfer that aims to lure
the employee away from his permanent position, cannot
be done without the employee’s consent, for that would
constitute removal from office.
* No permanent transfer can take place unless the officer
or employee is first removed from the position held, and
then appointed to another position.
Impeachment
Impeachment – It is a method of national inquest into the
conduct of public men. It is also referred to as an
extraordinary process of removal exercised by the
legislature over a selected member of officials. It is defined
as a criminal proceeding against a public officer, before a
quasi-judicial political court, instituted by written
accusation called “Articles of Impeachment.”
Who are the impeachable officials under the 1987
Constitution?
1. President
2. Vice President
3. Members of the Supreme Court
4. Ombudsman
5. Members of Constitutional Commissions. (Sec. 2,
Art. II, 1987 Constitution)
What are the grounds for impeachment?
1. Culpable Violation of the Constitution;
2. Treason;
3. Bribery;
4. Graft & Corruption;
APRIL LYNN L. URSAL Page 9
 5. Betrayal of Public Trust;
6. Other high crimes.
Culpable violation of the Constitution – It is defined as
wrongful, intentional or willful disregard of the
fundamental law. The act must be deliberate and
motivated by bad faith to constitute a ground for
impeachment. Hence, a mere mistake in the proper
construction of the Constitution cannot be considered a
valid ground for impeachment.
Treason – It is a crime committed by any person who,
owing allegiance to the government of the Philippines,
levies war against it or adheres to its enemies, giving them
aid and comfort. (Art. 114, RPC)
Bribery – It is a crime committed by any public officer
who shall agree to perform an act, whether or not
constituting a crime, or refrain from doing an act which he
is officially required to do in connection with the
performance of his official duties, in consideration of any
offer, promise, gift or present received by him personally
or through mediation of another, or who shall accept gifts
offered to him by reason of his office. (Arts. 210-21, ibid.)
What are the acts of that constitute graft and
corruption?
They are enumerated in the Anti-Graft and Corrupt
Practices Act, which was in force at the time of the
adoption of the Constitution. Section 3, Republic Act No.
3019, as amended, provides as follows:
1. An act of persuading, inducing, or influencing
another public officer or tolerates such acts which
are tantamount to the violation of the rules and
regulations of a competent authority or on those
susceptible to the latter’s official duties.
2. Directly or indirectly requests or accepts gifts or
any other form which benefits himself or another
person in connection with any transaction or
contract between the Government and the other
party within which he may legally intervene.
3. Directly or indirectly requesting or receiving any
gift, or present or any other pecuniary or material
benefit, for himself or for another, from any
person for whom the public officer, or in any
manner or capacity, has secured or obtained, or
will secure or obtain, any government permit or
license, in consideration for the help given or to be
given, without prejudice to Section Thirteen of
this Act.
4. Accepting or having any member of his family
accept employment in a private enterprise which
has pending official business with him during
pendency thereof within one year after its
termination.
5. Causing any undue injury to any party, including
the government, or giving any private party any
unwarranted benefit, advantage or preference in
the discharge of his official, administrative or
judicial functions through manifest partiality,
evident bad faith or gross inexcusable negligence.
These provisions shall apply to officers and
employees of offices or government corporations
charged with the grant of licenses or permits or
other concessions.
6. Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter pending
before him or for the purpose of obtaining,
directly or indirectly, from any person interested
in the matter some pecuniary or material benefit
or advantage, or for the purpose of favoring his
own interest, of giving undue advantage in favor
of or discriminating against any other interested
party.
7. Entering, on behalf of the government, in to any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
8. Directly or indirectly having a financial pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part
in his official capacity, or in which he is prohibited
by the Constitution or by any law from having any
interest.
9. Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member,
and which exercises discretion in such approval,
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group. Interest for personal gain shall be
presumed against those public officers
responsible for the approval of manifestly
unlawful, inequitable, or irregular transactions or
acts by the board, panel or group to which they
belong.
10. Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or for mere
representative or dummy of one who is not so
qualified or entitled.
11. Divulging valuable information of a confidential
character, acquired by reason of his office or by
him on the account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized release
date.
Betrayal of public trust – It is a new ground added by the
Constitutional Commission presumably to cover other all
APRIL LYNN L. URSAL Page 10
offenses unbecoming a public functionary but not
punishable by the criminal statutes.
- Example: Inexcusable negligence of duty,
tyrannical abuse of authority, breach of official
duty by malfeasance or, misfeasance, cronyism,
favoritism, obstruction of justice.
Other high crimes – They are to those offenses which
“like treason and bribery, are of so serious and enormous a
nature as to affect the very life or the orderly workings of
the government.”
- According to Justice Isagani Cruz, rape and
murder, although as serious as treason and
bribery, may be probably excluded from the
definition.
* The House of Representatives shall have the exclusive
power to initiate all cases of impeachment by a vote of 1/3
of its members.
* The Senate has the sole power to try and decide all cases
of impeachment case and “no person shall be convicted
without the concurrence of two-thirds of all members of
the Senate.”
Who can file a complaint for impeachment?
Section 3(2), Article XI, states that “a verified complaint for
impeachment may be filled by:
(a) any Member of the House of Representatives, or
(b) any citizen upon a resolution of endorsement by
any Member thereof.”
Procedure for Impeachment:
1. Verified complaint filed by any member of the
House or any citizen upon resolution of
endorsement by any member thereof.
2. Said resolution of endorsement shall be included
in the Order of business within ten (10) session
days, and referred to the proper Committee within
three (3) session days thereafter.
3. The Committee, after the hearing, and by majority
vote of all its Members, shall submit its report to
the House within sixty (60) session days from
such referral, together with the corresponding
resolution.
4. The resolution shall be calendared for
consideration by the House within ten (10)
session days from receipt thereof.
5. Discussion on the floor of the report.
6. A vote of at least 1/3 of all the members of the
House shall be necessary either to affirm a
favorable resolution with the Articles of
Impeachment of the Committee or override its
contrary resolution.
Can an impeachment proceeding be initiated against
the same official more than once within a period of one
year?
- No. Section 3(5) provides that “No impeachment
proceedings shall be initiated against the same
official more than once within a period of one
year.”
Who has the sole power to try and decide all causes of
impeachment?
Section 3(6), Article XI of the 1987 Constitution provides
as follows:
- “The Senate shall have the sole power to try and
decide all cases of impeachment. When sitting for
that purpose, the Senators shall be on oath or
affirmation. When the president of the Philippines
is on trial, the Chief Justice of the Supreme Court
shall preside, but shall not vote. No person shall be
convicted without the concurrence of two-thirds
of all the members of the Senate.”
What is the nature of the impeachment proceedings?
- Justice Isagani Cruz said: “Impeachment
proceedings are in a sense of judicial and penal in
character. Hence, the Constitutional rights of the
accused as guaranteed in Article III, such as the
right to due process and against self-
incrimination, and available in these proceedings.
The Rules of Court, while not strictly applicable as
the Congress is not a court of justice, are
nonetheless observed in the conduct of the trial.
As in ordinary criminal actions, proof beyond
reasonable doubt is necessary for conviction.
- The said penalty is more of a penalty in an
administrative proceeding than in a criminal
proceeding.
- Section 3[7], Article XI provides in full:
o “Judgment in cases of impeachment shall
not extend further than removal from
office and disqualification to hold any
office under the Republic of the
Philippines, but the party convicted shall
nevertheless be liable and subject to
prosecution, trial and punishment
according to law.”
o The fact that the last sentence of Section
7, provides for a situation where a party
convicted “shall nevertheless liable and
subject to prosecution, trial and
punishment according to law” does not
make impeachment a criminal proceeding
because it is clear that it is only in case of
his conviction that President Estrada shall
be liable and subject to prosecution, trial
and punishment. It is only from there
APRIL LYNN L. URSAL Page 11
 when the President will subject to a  In addition, the party convicted shall nevertheless
criminal proceeding.” be liable and subject to prosecution, trial and
punishment according to law.
What is the effect of a judgment in case of
impeachment?
Section 3(7), Article XI of the Constitution specifies the
following effects:
 Removal from office;
 Disqualifications to hold any office under the
Republic of the Philippines;

Qualifications of Elective Officials:

Elective Citizenship Age Literacy Voter Residency

Officials (on election day) (immediately
preceding the
election)
President and Natural-born At least 40 years old Read and Registered At least 10
Vice-President Filipino Write years in the
Philippines
Senator Natural-born At least 35 years old Read and Registered Not less than
Filipino Write 2 years in the
Philippines
District Natural-born At least 25 years old Read and Registered Not less than
Representatives Filipino Write in District 1 year in
District
Party-List Natural-born At least 25 years old Read and Registered Not less than
Representatives Filipino Write 1 year in the
Philippines
Local Officials Citizen  Governor, Vice- Read and Registered Not less than
Governor, Member of Write, in their 1 year in
Sangguniang Filipino, respective their
Panlalawigan – 23; English Locality respective
 Mayor, Vice-Mayor, and any Locality
Member of Sangguniang other
Panlalawigan of local
independent cities – 23; dialect
 Mayor, Vice-Mayor,
Member of Sangguniang
Panlalawigan or
Sangguniang Bayan of
component cities or
municipalities – 23;
 Punong Barangay or
Member of Sangguniang
Barangay – 18;
 Sangguniang Kabataan –
15 to 21
ARMM Natural-born At least 35 years old Read and Registered Not less than
Governor Filipino Write in ARMM 5 years in
ARMM
ARMM Natural-born At least 21 years old Read and Registered Not less than
Legislators Filipino Write in District 5 years in
District

APRIL LYNN L. URSAL Page 12