CHAPTER VIL OTHER MODES OF TERMINATION OF OFFICIAL RELATIONS A. REORGANIZATION OR ABOLITION §7.183. Reorganization or abolition of offices. ake it more viable in terms \é make it more responsive ‘that the power to reorganize or abolish an offi competence of the legislature * .n takes place when there is an alteration of the units therein, including. personnel, consol economy of redundaney of funetions, It may e loss of one’s position through removal or *Cononizadov Aguire, 118 SCAD 161, $23 SCRA 312 [2000 00, ter No RRL, w ‘or lacy a strict law, the question of any imy . not arise.* pairs Removal is to be distingu the abolition of the office. There ee termination by virtue of office. After the abolition, there isin ing mutX alto # non-existent of security of tenure does i a ir et Ma ‘while an abolition in bad faith is void an rot to have ceased to hold afi "id and the incumbent is deemed and employees shall not be suspended or removed except for cause ts prescribed bylaw does nat apply because therchas bee no removal ‘but an abolition of office, except when the abolition isin bad faith, in which case the abolition is void and the officer is deemed not to have been removed.* ‘The rule is well-settled thatthe power to create an office carries the consequent prerogative to abolish it. Further, the abolition of an. office neither means the removal nor separation therefrom of the occupant who is not accordingly covered by the protection of the security of tenure clause of the Constitution.” {§7.184. Limitations on power to reorganize or abolish offices. ‘The power to abolish public offices vest not absolute. It is subject to the limitations ‘good faith, should never be for personal or plitc be implemented in a manner contrary to law. An abolition of office ‘Ibid. ‘De la Liana Alba, 112 Castillo Pao, 108 Pi Mama ¥. CA, 196 SCRA‘ 1982) Domingue Pascual, 101 Pil 91(1957) ifmerely a device to circumvent an existing office or office. mn is upgraded by requi , the person occupying sg ated thereto if he de he power is wielded by jelegated, A reorganization has pursued in bad faith. Bad faith is a ith furtive design or wit wm. On the ‘an honest intention to abstain from and unserupulous advantage of another. sion employees i anid won om Fea ‘Reorganization or Absit Ifa reorganization oF aboii sea Affice is nothing else but a al Teatons or purposely to a place and whatever abolition §7.185. When reorganization is in bad faith, reorganization to trim the economy and greater efficiency However, where the reorga but is simply use all the officers and employees regular to merely “holdover” ght todue process, and taints the A reorganization which is a guise for illegal removal of career civil service employees violates the security of tenure. Their receipt of se preclude them from assailing the validity services and praying ‘the termination of their their reinstatement.» A reorganizati here the abolished office and the offices created init pl lar functions; where it merely changes the nomenclature of postions; where it abolishes one postion and ereates additional management positions in place ofthe abolished one; or where there is no staffing pattern, as basis for hiring and firing officers and employees.!* "Dario. Mison, 178 SCRA 8¢ (1989; Department ‘SORA 4 (1989); Department of Trade and Industry ‘of Civil Service, 45 SCAD 807,227 SCRA 198 1991,a Other Modes yen PUBLIC OFFICE ‘A Repeat gue popes ORE es sre i ‘An abolition which i a Pe reper sac ‘and void. The separ ice cet ee reinstatement ‘purposes he is considered at not net al a8 ot having Entitled to all the rights ice caine afice he bela at Pilleges that accrue to him by virtue ‘The declaration by the cout ‘thatthe reorganization of an office resulting in the separation of officers and employees therefrom: ie asserted by the offical from his illegal or uncon al act, £0 that the officers and employees concerned were as if ot served with termination notices A reorganization isa recognized valid ground for separation of| service employees, subject only tothe condition that it be done ‘requirement of notice and hearing. A vielation of this due process requirement may render the implementation of the reorganization as invalid, Those evil service officers and employees separated from the service not for cause but as a result ofa reorganization in good "De Gurman Chi Service Cummison,49SCAD 96 281 SCRA 1691994) Alderney Alun I, 49 SCAD 31,290 SCRA 8251804,‘member of Congress actually ‘umstances within or beyond the pi government-owned or con voluntary renunciation of, ined by ‘an election contest.” m 190. Automatic resignatio . Fe Fidacye tion upon fing certincate of ean- Section 66 of the Omnibus Election Code provides “See, 66. Candidates It has been held that the resignation from, or fo feiture of, an office which a public officer holds is automatic pein cffective upon the filing of is certificate of candidacy foran elective position. Only the moment and act of fling are considered, Once the certificate is filed, the seat is forfeited forever and nothing save a new election or appointment can restore the ousted oficial For this reason, the withdrawal of the certificate of candidacy, with the approval of the Commission on Elections, will not work to reinstate him to his former position.” ‘The “government-owned or controlled corporations” mentioned, in Sec. 66 of the Omnibus Election Code include not only those having original charters but also those which are organized under the Corporation Code, because the law did not distinguish and because government-owned and controlled corporations do not lose their character as such by the fact that they are not possessed of original charters. Ifa corporation's capital stock is owned by the Government, under the Corporation Code and not under a special statute; and ‘employees thereof, even if not covered by the Civil Service Law but, ™Dimaporo v Mitra, 202 SCRA 7791991) -nfonray . Court of Appeals, 20 SCRA 620,ae om ira oms Pr Ran “@) Municipal tevel, a songsniane barangay members ens earn 808 the municipality. unicipal officials lution adopted by Preparatory recall ion called for the “a) Recall ofany elective provincia, ve city, municipal, or barangay oficial may also be validly ited {ition of atleast twenty-five percent (25) ofthe total moos: ber of registered volers in the lal government unit con cerned during the election in which the local oh to be recalled was elected, Secor of the Local Government Code govern th ese sections read: Exercised. — The power of recall “(Aten petition fr ell snd fre the election registrar or his mes presence of «ropretonatve barangay, as the case may be, sail be COMELEC through ts offic inthe loa gov concerned. The COMELEC or ite du representative shall euse the publication of the petition in a public and conspicuous place for a peried of not less than ten (10) days nor more than twenty (20) days, for the purpose of verifying the authenticity and genuiness ofthe petition and the required percentage of voters. “(2) Upon the lapse of the aforesaid period, the COMELEC or its duly authorized representative shall announce the acceptance of candidates tothe postion and thereafter prepare the list of candidates which shalll include the name ofthe oficial sought to be recalled “Sec. 71. lection on Recall. ~ Upon the fii valid resolution or petition for recall with the appropriate local office of the COMELEC, the Commission or its duly assembly in which shall level. All punong barangay and sanggu- members in the city, sislative District level. In eases where sanggu- slawigan members are elected by distriet, all SCAD 1028, 222 SCRA 891 (19981. ‘SCRA 100 (19981. shall be upon the election and person ofthe eandidate tes cast during the elec- ns on Recall. — (a) Any elective al official may be the subject of a recall election only. ce during his term of office for loss of confidence. No recall shall take place within one (1) year the date of the official's assumption to office or oné °C. For this purpose, there shall be included in 1 General Appropriations Act a contingent fund posal ofthe COMELEC for the conduct of recall ting resolution by a majority ofall the members led forthe purp Peroent ofthe total number of registered voters in local government unit concerned during the election in which the local official EI later recall 3 othe detente by means of which voters decide whether they shia retain thei cal ofical se elect his replacement. There are two liniations onthe scale namely (1 that no real shal take plac within one eas rose date of assumption of ofice a the efi conerned, and 2 that ne recall shall ake place within Fegular local election. Thes place even within one year sumption of office ofthe official concerned, so long as lection itself takes place after one year from such assumption.* ‘Loss of confidence is the formal withdrawal by an electorate of their trust in a person's ability to discharge his office previously bestowed on him by the same electorate, done through the mechanists of recall. The right to recall is complementary to the right to elect oF appoint. It is included in the right of suffrage ‘or servants ofthe people with definite powers and specific duties 7 SCRA 1001860) Garcia Comision on Eton, 8 SCAD 207,227 SCRA 101 elauio » COMBLEC, 12 SCAD 61, 881 SCRA 800IRS their respective of. The proscription is due ion for the office ofthe local lectorate could chose the officials a longer tenure in icin een cect hh fen ly tion” ‘and antagonism should one person attempt to at Ore Mane PERC OPCERs Otte Maes eter ations of duties rule never had a chown asthe incompati ‘occupied the two postions concurrently the act of giving up or the act of an his office and renounees the further in some form, express or imp! renounce and relinquish the. authority.” ‘To constitute complete and operative resignation of public officer, there must be an intention to relinquish a part of the term, accompanied by the act of relinguishment and « resignation implies ‘an expression of the incumbent in some form, express or implied, of the intention to surrender, and the office and acceptance by competent and lawful authority" To constitute a plete and operative act of resignation, the officer or employee ‘must show a clear intention to relinquish or surrender his postion. A resignation which is made subject to the result of a case is not a resignation, and its acceptance did not preclude the officer from being reinstated in his position as ordered in said case. A ‘courtesy resignation” submitted in response toa pres proclamation calling on all appointive public officals to rend acceptance by competentsy oN PUBLIC OFFICERS HON LAW :DSA revolution, legal sense MELEC.* the Supreme, ing the First EDSA revoly vr rhis term and entitled him to all wurtesy resignation voluntarily inate o ofherise BY a publi o veg wacaney which can be filed up by another: ‘authority. 1d be forced irrevocably by political reali ns what happened to the resignation bh E, Estrada following the so-called Secon Revlution." Acceptance is necessary for resignation of a publie officer a rea eatve, otherwise the officer is subject to the p pel le 238 of the Revised Penal Code. Until snunieated to the ofice, all his acts prior the ic officer cannot abandon his office or po is accepted without being criminally held li ‘The officer who resis may nt know when his resignation has been accepted by the proper w officially notited thereat As he is Bool ave Been between acceptance and notification, unles he hee hen aoe 0 on official leave inthe meanwhile his ase Peer ine ond atietin of aceptane of his resign are thse of de facts those of, and he continue tobe a dejan oes a8 te Until the resignation is accepted, the tender revocable, unless otherwise proved by law Tha neceon resignation effective on a particular date, before its acceptance by the Secretary of Local Government, did not vacate his position and, upon the physical disability ofthe governor to discharge his duties, was entitled to act. as acting governor pursuant tothe Local Government Code. ‘The resignation ofa vice-governor from his positon, followin which the board member who resived the highest numier of votes assumed the office ofvie-governor and discharged the duties thereof, is not effective where it was withdrawn before it was accepted, s0 that he remained vice governor and entitled to assume the position of governor when the latter beeame temporarily incapacitated on account of physical eause pursuant to law!" Similarly, a resignation “effective at the pleasure of the President” is not meant to be effective immediately; acceptance is still necessary. An abandonment by the incumbent of an office before “ia “Ganboa x CA, 108 SCRA I Jose I. Nao, 17 SCRA 459 (1990) ®\Joson TIT, Navio, 187 SCRA 459 (1990). Bidrovision cannot be construed literally. The pro me elt he compulsory retirement of « pul provides in part: ‘Vice-President, the Mem- che Members of the — \d the Ombudsman may be id employees may im office as provided by law, but not by ‘The House of Representatives shall have wer to initiate all cases of impeachment. impeachment may be _ ‘Representatives or by. tion of endorsement by any. which shall be included in the Order of above quoted af the 1973 Constitution, the Supreme Court said: Lavi Other Modes oes mic OFFICERS 3B. Other Moderatto Committee, or override its contrary ren ach Member shalbe reended “A) In case the verified complain {impeachment is filed by a east one tn tion, The vote of “(6) Noimpeachment proceedings shall be initiated ‘against the same oficial more than once within period of ‘one year. “(6) ‘The Senate shall have th try and decide all cases of impeachment, purpose, the Senators shall bon oathor affirmation, ‘the President ofthe Philippines ison trial, the C) thirds ofall the Members ofthe Senate, “7 Judgment in case of able and subject to prosecution, according to law, *(8) The Congress shall promulgate its impeachment to effectively carry out section.” In an obiter dictum concerning a similar provisions as that aa518 ADMINISTRATIV a ‘jude: yemoval from office and disqualification to hold any, Republic ofthe P Peached in the Philip Peachment of then President oot indorsed tothe Senate fora) oe E panel walked out and tok theses sted when which had been the subject of impeschm« for impeachment, in that they must be such as affect the officer's performance of his duties and not such as affect only his character asa private person ‘The constitutional provision tht impeachableoficils may be removed from office ony on impeachment on, and conviction of, an {mpeachable ofense prohibits the fling and prosecution of disbarment, complaints against such officials whose membership in the bar is an "See 1, Art XI, Constitution,LAW, LAW ON PUBLIC OFFICERS, ADMINISTRATIVE LAW. LAT AW AN In Cuencot. Fernan.* the Supreme Qg indispensable quali ae why the complaint for dig. smbers ofthe Supreme of the Constitution, pine Bar and may be removed Jhment (Article X(2), Constitue XI(8) in relation to 1e members of the Com: in relation to Ar- Commission on accounts (Article ionally required “ the Supreme Court ruled: ic officer who under the Constitution is re- -mber ofthe Philippine Bar as a qualifica- 1 office held by him and who may be removed. chment, cannot be charged with or any penalty se Id amount to removall from office. 'mportant to make clear that the Court is not ‘sg that its Members or the other constitutional to above are entitled to immunity from Dossible eriminal acts or for alleged violation — here sayi 1a ov Punt Oe Modern FOS ay . B Obrien of the Canons of Judi ial Et h ia Ea ‘havior. What the Court is is or other supposed misbe- sayi terminated by impe swer either eriminal nt, he may then be held to an- ly or administratively (by disbarment for any wrong or misbehavior that may be Proven against him in appropriate proceedings. j The above rule rests on the fundamental principles of judicial independence and separati who, for any number of reasons might seck to affect the exercise of official authority by the Court,” ‘The Constitution provides that “No impeachment proceedings shall be initiated against the same official more than once within a period of one year.” In this connection, the Court in Francisco, Jt . House of Representatives,” ruled: “Having concluded that the initiation takes place by the act offiling of the impeachment complaint and referral to the House Committee on Justice, the initial action taken thereon, the meaning of Section 3(5) of Article XI becomes clear. Once an impeachment complaint has been initiated in the foregoing manner, another may not be filed against ‘the same official within a one year period following Article XI, Section 346) ofthe Constitution ‘In fine, considering first impeachment complaint, was filed by forme ant Estrada against Chief Justice Hilario G. Davi along with seven associate justices ofthis Court, on June 2, 2008 and referred “GR. No, 160261, Nov 10, 2008on August 5, 2003, the jouse Committee on 2003, the soe impeachment complaint filed by Representatives a and Felix William Fuente! Unauthorized and ‘unexplained *nee without i tutes abandon fof and operate ea cma tions. The officer cannot thereafter claim hi Once an employee accepts a new ‘The fact that he made certain reserva appointee cannot impose his own cond public office Similarly, an employes accepts a temporary appointment to an have abandoned his permanent designation in another office in an acting capacity does not amount to abandonment of his permanent position.” he loses his old office, is of no moment. For an officer has been removed from office and he accepted a new position in another b precluded from being reinstated in favor. For he has the right to earn ig and accept any form of employment during the pendency of his appeal. In Calo v. Magno," the Supreme Court ruled that the acceptance of a desi another position of a public office in a particular position and his discharge the funct and the appointment of another person to his old objection on his part, constitute abandonment However, in Santiago v. Agustin, re to perform. Abandonment: y the officer in his the assumption of office, donot constitute abandonment because the officer was merely designated in the later position in an acting capacity, which was reiterated in Manila v. Subido.” The Calo ease Adiong «CA, 159 SCAD 63 “aden Dag, 9 $C Where the public of i ‘’ “Magona v. Auditor Gene involuntary, as he wos oe to perform his duties was office, and he protested his ‘Gonzales « Hernander, 2 SCRA 25 SS 7 SCRA 880 (19881 SCanonizado x. Agure, BY 46 Phil 14. ae ‘Asa, 148 SCA 435 2009) % YT SCRA 231 (1968)su )FFICERS f LAW, LAW ON PUBLIC 0} ADMINISTRATIVE TON LAW . of Santiago and Manila, in tha hed from the cases of h canbe: Cae syd not abject tothe appointment of anothe Person retin, wife tis circumstance did not obtain in hy two cases. §7.196, Expiration of term. ‘office automatically terminates ff ‘The expiration of a term of services ofa publicoffier, exceptas otherwise provided by law 1 pul offcer spaced on bol-over status, i means that hia thas expired or his services have terminated but that he vantine to hold his office until his successor is appointed or ch and has qualified.” ‘od and is rene ‘An appointment which has a definite period « , foradefinie period expires when tis ot renewed; it does not inyo 1 dismissal but an expiration of the term.” ‘The general rule is that where the Constitution or the law both the duration of the term of office and the time of i commencement, a person elected or appointed to fill a ‘such office holds it for the unexpired portion of the term, He may >be appointed for a full term without violating the law fixing the or unduly extending his services."* However, if he is appoint full term even where what is left of the term is only an ing to serve until the full the ‘until his term is judicially terminated does not render his acts, >eyond the unexpired term invalid nor make the salaries paid illegal, as he is deemed a de facto office. Where a person holds his position at the pleasure of a suy or subject to some supervening event, his separation from off not removal. It is effected by the will of the superior or ‘happening ofthe contingency, resulting in another and different: of terminating official relation known as expiration of the CHAPTER VIII CIVIL AND CRIMINAL LIABILITIES A. CIVIL LIABILITY §8.197. Generally. A public officer is not liable for damages which a person may suffer arising from the just performance of his official duties and within the scope of his assigned tasks." An officer who acts within his authority to administer the affairs ofthe office which he heads is not liable for damages that may have been caused to another, as it would virtually be a charge against the Republic, which is not amenable to judgment for monetary claims without its consent? As a rule, a public officer, whether judicial, quasi-judicial, or executive, is not personally liable to one injured in consequence of an act performed within the scope of his official authority, and in the line of his official duty. Where an officer is invested with discretion and is empowered to exercise his judgment in matters brought before hhim, he is sometimes called a quasi-judicial officer, and when so acting he is usually given immunity from liability to persons who may be injured as the result of an erroneous or mistaken decision, however erroneous his judgment may be, provided the acts complained of are done within the scope of the officer's authority, and without, ‘willfulness, malice or corruption. His erroneous interpretation of law or ordinance does not constitute nor does it amount to bad faith ‘that would entitle an aggrieved party to an award of damages.* "Orocio v Commission on Aut, 213 SCRA 109 1982}. "Republic CA, 182 SCRA 721 1990). Phil Match Co, La. v City of Cebu, 81 SCRA 99 [1978], 525,