ADMINISTRATIVE
ACCOUNTABILITY of Public Officers
THREE-FOLD LIABILITY OF
PUBLIC OFFICERS
 A public officer is under a three-
fold liability for violation of a
duty or for a wrongful act or
omission: civil, criminal, and
administrative.
> 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.
KINDS OF DAMAGES
• Actual or compensatory
Damages
• Moral Damages
• Exemplary or corrective
Damages
• Liquidated Damages
• Nominal Damages
• Temperate or moderate
Damages
ACTUAL DAMAGES
Actual or compensatory damages
are those awarded in satisfaction
of, or in recompense for, loss or
injury sustained. They simply
make good or replace the loss
caused by the wrong.
(Mariano Mendoza vs. Leonora
Gomez, G.R. No. 160110, June
18, 2014)
MORAL DAMAGES
Moral damages are awarded to
enable the injured party to obtain
means, diversions or amusements
that will serve to alleviate the
moral suffering he has
undergone, by reason of the
defendant’s culpable action.
(Kierulf vs. Court of Appeals,
G.R. No. 99301, 13 March 1997)
EXEMPLARY DAMAGES
Exemplary or corrective damages
are imposed, by way of example
or correction for the public good,
in addition to moral, temperate,
liquidated or compensatory
damages.
(Article 2229 of the Civil Code)
LIQUIDATED DAMAGES
 Liquidated damages are those
agreed upon by the parties to a
contract, to be paid in case of
breach thereof.
(Article 2226 of the Civil Code)
NOMINAL DAMAGES
Nominal damages are
adjudicated in order that a right
of the plaintiff, which has been
violated or invaded by the
defendant, may be vindicated or
recognized, and not for the
purpose of indemnifying the
plaintiff for any loss suffered by
him.
(Article 2221 of the Civil Code)
TEMPERATE DAMAGES
Temperate or moderate damages,
which are more than nominal but
less than compensatory damages,
may be recovered when the court
finds that some pecuniary loss
has been suffered but its amount
cannot, from the nature of the
case, be provided with certainty.
(Article 2221 of the Civil Code)
ADMINISTRATIVE
 Administrative proceedings are
tools of executive, managerial or
administrative functions
 Are remedial measures, not
penal in nature.
The objective is not to punish
but to protect and improve the
public service
CRIMINAL
 Are penal nature.
 The highest sanction for
administrative cases is removal
from office; whereas in criminal
cases, the penalty may be
imprisonment.
SHOULD A PERSON
CRIMINALLY CHARGED
ALSO BE
ADMINISTRATIVELY
CHARGED?
Mere filing of criminal charges
against an employee should not
be considered as necessarily
requiring the suspension from
office of the accuse.
As a rule, especially where the
criminal act with which the
officer or employee is charged
has no relation with the
accused’s official duties as a
public servant, proceedings for
the removal of the employee
should not be instituted until
after verdict shall have been
rendered by the courts.
SHOULD A PERSON
ADMINISTRATIVELY
CHARGED ALSO BE
CRIMINALLY CHARGED?
When the act constituting the
neglect of duty, oppression,
corruption or other form of
misconduct in office amounts to
a transgression of the penal laws,
then it becomes the duty of the
prosecuting officer to take a
hand in the case by instituting
the corresponding investigation
and prosecution of the guilty
person to the full limit of the
law.
ADMINISTRATIVE
DISCIPLINE
A part of Administrative Law
which deals with administrative
infractions or grounds for
disciplinary actions,
administrative penalties and
administrative disciplinary
procedure.
LEGAL BASIS
“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, Accountability of
Public Officers)
CHARACTERISTICS
of Administrative Discipline
1. Administrative Offenses do not
prescribe (Floria vs. Sunga, 386
SCRA 551)
2. Flexible concept of the right to a
“speedy disposition of cases”
(Ombudsman vs. Jurado, G.R.
No. 154155 dated August 6,
2008)
3. Administrative cases are not
subject to settlement (Modified
by Rule 11, 2017 RACCS)
4. The withdrawal of the
complainant is not a ground for
the dismissal of the case
5. The complainant is a mere
witness to the commission of the
Offense, hence, anybody can file
an administrative complaint
ADMINISTRATIVE
DISCIPLINE
A public official’s resignation
does not render moot an
administrative case that was
filed prior to the official’s
resignation.
The jurisdiction of the Court at
the time of the filing of the
 administrative complaint was not
lost by the mere fact that the
respondent public official had
ceased in office during the
pendency of his case.
GROUND FOR
DISCIPLINARY ACTION
Executive Order No. 292
[BOOK V/Title I/Subtitle
A/Chapter 7-Discipline]
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;
Inefficiency and incompetence
in the performance of official
duties
9. Receiving for personal use of a
fee, gift or other valuable thing
in the course of official duties or
in connection therewith
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 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
frequent unauthorized absences
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 of 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 or
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
DISHONESTY
 Refers to the concealment or
distortion of truth, which
shows lack of integrity or a
disposition to defraud, cheat,
deceive or betray and an
intent to violate the truth.
OPPRESSION
Also known grave abuse of
discretion.
The use of authority in a
wantonly and capriciously
excessive and extravagant
manner contrary to law or
rule for which such authority
is given.
NEGLECT OF DUTY
Also known grave abuse of
discretion.
The use of authority in a
wantonly and capriciously
excessive and extravagant
manner contrary to law or
rule for which such authority
is given.
MISCONDUCT
Misconduct is "a
transgression of some
established and definite rule
of action, more particularly,
unlawful behavior or gross
negligence by a public
officer."
In Grave Misconduct, as
distinguished from Simple
Misconduct, the elements of
corruption, clear intent to
violate the law or flagrant
disregard of established rules,
must be manifest and
established by substantial
evidence.
NOTORIOUSLY
UNDESIRABLE
In the administrative offense
of Being Notoriously
Undesirable, a two-fold test is
employed, to wit:
 (1) whether it is common knowledge
or generally known as
universally believed to be true or
manifest to the world that the
employee committed the acts
imputed against him; and
(2) whether he had contracted the
habit for any of the enumerated
misdemeanors
CRIMES INVOLVING MORAL
TURPITUDE
Moral turpitude has been defined as
everything which is done contrary to
justice, modesty, or good morals; an act
of baseness, vileness or depravity in the
private and social duties which a man
owes his fellowmen, or to society in
general.
Examples:
Adultery, concubinage, rape, arson,
evasion of income tax, barratry, bigamy,
blackmail, bribery, criminal conspiracy
to smuggle opium, dueling,
embezzlement, extortion, forgery, libel,
making fraudulent proof of loss on
insurance contract, murder, mutilation
of public records, fabrication of
evidence, offenses against pension laws,
perjury, seduction under the pro mise
of marriage, estafa, falsification of
public document, and estafa thru
falsification of public document.
DISGRACEFUL, IMMORAL OR
DISHONEST CONDUCT
PRIOR TO ENTERING THE
SERVICE
The Commission has defined
Disgraceful and Immoral Conduct as
an act which violates the basic norm of
decency, morality and decorum
abhorred and condemned by the society.
It is that conduct which is willful,
flagrant or shameless, and which shows
a moral indifference to the opinions of
the good and respectable members of
the community.
INSUBORDINATION
Insubordination is defined as a refusal
to obey some orders, which a superior
officer is entitled to give and have
obeyed. The term imports a willful or
intentional disregard of the lawful and
reasonable instructions of the employer.
POLITICAL PARTISAN
ACTITVITY
Any act designed to promote the
election or defeat of a particular
candidate/s to a public office.
EXHAUSTION OF
ADMINISTRATIVE REMEDIES
It calls for resorting first to the
appropriate administrative authorities
in the resolution of a controversy
falling under their jurisdiction and
must first be appealed to the
administrative superiors up to the
highest level before the same may be
elevated to the courts of justice for
review.
EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Non-exhaustion of administrative
remedies results to prematurity*.
*Prematurity : the cause of action is
not ripe for judicial determination,
thus, a ground for dismissal of the
case.
ORIGINAL JURISDICTION
 JURISDICTION TO TAKE
COGNIZANCE OF CASES
WHICH EXIST FOR THE
FIRST TIME
APPELLATE
JURISDICTION
 Jurisdiction to take
cognizance of appeals from a
decision of a lower deciding
authority
EXCLUSIVE
JURISDICTION
 Jurisdiction which cannot be
exercised by another body
CONCURRENT
JURISDICTION
 Jurisdiction which two or
more bodies may exercise.
CIVIL SERVICE
COMMISSION (CSC)
The civil service embraces
all branches,
subdivisions,
instrumentalities, and
agencies of the Government,
including government-owned
or controlled corporations
with original charters.
[1987 Constitution, Art. IX-
B, Sec. 2(1)].
ORIGINAL
JURISDICTION
Under the Administrative
Code of 1987, the CSC has
the power to hear and decide
administrative cases
instituted before it directly
or on appeal, including
contested appointments.
Its decisions, orders, or
ruling shall be final and
executory. Such decisions,
rulings, or rulings may be
brought to the Supreme
Court on certiorari by
aggrieved party within thirty
days from receipt of a copy
thereof.
CIVIL SERVICE
COMMISSION (CSC)
The civil service embraces
all branches,
subdivisions,
instrumentalities, and
agencies of the Government,
including government-owned
or controlled corporations
with original charters.
[1987 Constitution, Art. IX-
B, Sec. 2(1)].
CONCURRENT
JURISDICTION w/ Head of
Agencies
The CSC may motu propio*
initiate disciplinary cases.
*action taken without a
formal request from another
party
The original jurisdiction of
the CSC over non-
presidential appointees is
exercised concurrently with
head of agencies.
ORIGINAL
JURISDICTION
Hear and decide
administrative cases
instituted by or brought
before it directly or on
appeal, including contested
appointments, and review
decisions and actions of its
offices and of the agencies
attached to it.
Its decisions, orders, or
rulings shall be final and
executory. Such decisions,
orders, or rulings may be
brought to the Supreme
Court on certiorari by the
aggrieved party within thirty
(30) days from receipt of a
copy thereof.
APPELLATE
JURISDICTION
The Commission shall decide
upon appeal all
administrative disciplinary
cases involving the
imposition of a penalty of
suspension for more than
thirty days, or fine in an
amount exceeding thirty
days’ salary, demotion in
rank or salary or transfer,
removal or dismissal from
office.
CIVIL SERVICE
COMMISSION (CSC)
The civil service embraces
all branches,
subdivisions, agencies of the Government,
instrumentalities, and including government-owned
agencies of the Government, or controlled corporations
including government-owned with original charters.
or controlled corporations
with original charters. [1987 Constitution, Art. IX-
B, Sec. 2(1)].
[1987 Constitution, Art. IX-
B, Sec. 2(1)]. JURISDICTION OF ITS
REGIONAL OFFICES
SECTION 47, BOOK V, The exercise by the CSC of
Title I, Subtitle A, Chapter its original jurisdiction may
7-Discipline: be exercised by it through its
A complaint may be filed regional offices.
directly with the
Commission by a private
citizen against a government
official or employee in which
case it may hear and decide
the case or it may deputize
any department or agency or
official or group of officials
to conduct the investigation.
The results of the
investigation shall be
submitted to the Commission
with recommendation as to
the penalty to be imposed or
other action to be taken.

CIVIL SERVICE
COMMISSION (CSC)

The civil service embraces

all branches,
subdivisions,
instrumentalities, and