Professional Documents
Culture Documents
OFFICE – The incumbent is selected by appointment or by election, and whether he is appointed during the
pleasure of the appointing power or for a fixed term.
PUBLIC OFFICE – is the 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 power, and individual is invested with some
portion of the sovereign functions of the government, to be exercised by him for 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 the utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and
lead modest lives.
NOT PROPERTY
-Holder subject to removal or suspension according to law
-Holder without vested right in any public office.
-Holder’s right in nature of privilege entitled to protection.
-Holder’s right personal to him.
Public office is not property of the office holder within the meaning and contemplation of the due process
requirements of the constitution.
NOT A CONTRACT
-Created no contractual relation between holder and the public.
-Exists by virtue of some law.
-Generally entitles holder to compensation
Creation incident of sovereignty originates from the will of the contracting parties
Its object carry’s out sovereign as well Obligation only upon persons who entered
Same. the
As governmental function affecting
Person
Embraces the idea of tenure, duration Limited In its duration and specific in its object
continuity, and the duties connected and
Therewith are generally continuing Its Terms define and limit the rights and
and permanent obligations
parties and neither without consent of each
party
*Public Office is public employment, but not all public employment is a public office
PUBLIC OFFICE PUBLIC EMPLOYMENT
Created by law, with duties Created not by forced of law but by
Cast upon the incumbent with contact of Employment
Involve the exercise of
Sovereign power
6. As to compensation:
a. Lucrative office, office of profit, or office coupled with an interest. It includes any office to which
salary, compensation or fees are attached.
b. Honorary office no compensation.
CHAPTER II: ELIGIBILITYAND QUALIFICATION
Meaning of eligibility/eligible/ineligibility/ineligible
Eligibility
Eligible
1. Means legally fitted or qualified to hold an office.
Ineligibility
2. Refers to the lack of qualification prescribed by the Constitution or applicable laws for holding an office.
Ineligible
3. Legally or otherwise disqualified to hold an office
4. Disqualified to be elected to an office
5. Disqualified to hold an office, if elected or appointed to it
Meaning of qualification
May refer to the endowment and accomplishment that fits one for office
May refer to an act which a person, before entering the performance of his duties, is, by the law,
required to do, such as the taking, and often, of subscribing and taking of an official oath, and, in some cases,
the giving of an official bond
2. Where office created by Congress - body can deal with the subject of qualification and disqualification,
provided that in so doing it does not impinge upon an express provision of the Constitution.
3. Where office created by the Constitution - General rule is that where the Constitution establishes
specific eligibility requirements for a particular constitutional office, the constitutional criteria are exclusive.
3. When qualification must always exist – The candidate or appointee may have been qualified at the time
of his election or appointment is not sufficient to entitle him to hold the office.
Courts have not agreed as to the effect of removal by an office-holder of his disqualifications after the
commencement of term of office and during its continuance
General Applicability
Citizen of the Philippines
Registered voter in the barangay, municipality, city or province or in the case of sanggunian, the
district where he intends to be elected, resident therein foe at least 1 year immediately preceding the
elections;
Able to read and write Filipino or any other local language or dialect.
Governor, Vice Governor, Sanggunian Panlalawigan, Mayor, Vice Mayor or Sanggunian Panlungsod of highly
urbanized cities
At least 23 years old on election day
Mayor, Vice Mayor of independent component cities, component cities, or municipalities
At least 21 years old on election day
Sanggunian Panlungsod or Sanggunian Bayan
Atleast18 years old on election day
Punong Barangay or Sanggunian Barangay
Atleast18 years old on election day
Sanggunian Kabataan
Atleast15 years old, but not more than 21 years old on election day
Board of Election Inspectors
he is of good moral character
irreproachable reputation,
a registered voter of the city or municipality,
has never been convicted of any election offense or of any other crime punishable by more than six
months of imprisonment or if there is a pending information against him for any election offense
Able to speak and write English or the local dialect
1. By Constitution or by Law- In general, individuals who lack any of the qualifications prescribed by the
Constitution or by law for a public office are ineligible or disqualified from holding such office. An appointment
of an ineligible or unqualified person is a nullity.
2. Other Causes
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 the appointing power.
Office newly created or the emoluments of which have been increased
Being an elective official- ineligible to be appointed to be designated
Having been a candidate for any elective position
Under the local government code
i. Sentenced by final judgement for an offense involving moral turpitude by 1 year or more
imprisonment within 2 years after serving sentence
ii. Those removed from office as a result of an administrative case
iii. Convicted by final judgement for violating ought of allegiance to the republic
iv. Dual citizenship
v. Fugitive from justice in criminal or non-political cases here or abroad
vi. Insanity or feeblemindedness
Appointment of elective and appointive local officials and candidates who lost in an election (Political
Lame-Ducks)
a. No elective or appointive local official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the
primary functions of his position, no elective or appointive local official shall hold any other office or
employment in the Government or any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries.
b. Except for losing candidates in barangay elections, no candidate who lost in any election shall,
within one (1) year after such election, be appointed to any office in the Government or any
government-owned or controlled corporations or in any of their subsidiaries."
CHAPTER III: ACQUISITION OF RIGHT OR TITLE OF OFFICE
A. In General
2. Meaning of “Appointment”
a. It is an act of designation by the executive officer, board, or body to whom that power has been delegated,
of the individual who is to exercises the powers and functions of a given office.
b. It is equivalent to “filling a vacancy” in an office.
c. It is the nomination or designation of an individual to an office.
a. Generally
Persons to be appointed to a public office should possess the required qualifications and be selected solely
with a view to the public welfare.
b. “Two months immediately before the next presidential elections and up to the end of his term, a President or
Acting President shall not make appointments, except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public safety.”
c. “The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in
the courts, or in the heads of departments, agencies, commissions, or boards.”
d. “The Supreme Court shall have the following powers: Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.”
e. “The Members of the Supreme Court and judges of the lower courts shall be appointed by the President
from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation. For the lower courts, the President shall issue the appointments within
ninety days from the submission of the list.”
f. “The Constitutional Commissions shall appoint their officials and employees in accordance with law.”
g. The Members of the Civil Service Commission, Commission on Elections and Commission on Audit shall be
appointed “without reappointment xxx. Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.”
h. “No candidate who has lost in any election shall, within one year after such election, be appointed to any
office in the Government or any Government‐owned or controlled corporations or in any of their subsidiaries.”
i. “No elective official shall be eligible for appointment or designation in any capacity to any public office or
position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the Government or any subdivision, agency or
instrumentality thereof, including Government‐owned or controlled corporations or their subsidiaries.”
j. “The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by
the Ombudsman, according to the Civil Service Law.”
k. “The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees
prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such
appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.”
9. Acceptance of appointment
a. Not necessary to completion or validity of appointment
b. Necessary to possession of office
a. First:
● heads of executive departments
● ambassadors
● other public ministers and consuls
● officers of the armed forces from the rank of colonel or naval captain
● other officers
i. regular members of Judicial and Bar Council
ii. chairman and commissioners of the Civil Service Commission
iii. chairman and commissioners of the Commission on Elections
iv. chairman and commissioners of the Commission on Audit
v. members of the regional consultative commission
b. Second:
● All other officers ‐ appointments are not otherwise provided by law and to be appointed to lower offices
created by Congress
a. Required
● first group above
b. Unnecessary
● heads of bureaus
● certain offices under different departments which are not called bureaus
i. Securities and Exchange Commission example
ii. Insurance Commission example
● members of Supreme Court
● judges of lower courts
● Sandiganbayan
● Tanodbayan (Ombudsman) ~ including deputies
● chairman and members of the Commission on Human Rights Art. VII Sec. 16
b. as to its nature
● permanent ‐ those which last until they are lawfully terminated
● temporary or acting ‐ those which last until a permanent appointment is issued
5. Ad interim appointments
a. These are appointments made by the President while Congress is in recess, thus, the Commission on
Appointments may only deliberate upon such appointments when Congress goes into session
b. The President is usually aided by the Commission on Appointments’ advice when it comes to appointments.
In case of ad interim appointments, however, the President acts alone and the system of checks and balances
vital to our system of government is not in place
c. Ad interim appointments, however, are necessary due to the existence of situations where there is a clear
and present urgency caused by an impending obstruction or paralysis of the function assigned to office to be
filled if no immediate appointment is made
d. An ad interim appointment is permanent in nature and not a mere temporary or acting appointment even if it
subject to confirmation by the Commission on appointments. However, it may be recalled or revoked by the
President before confirmation
7. Designations
Is simply the mere imposition of new or additional duties upon an officer to be performed by him in a special
manner while he performs the function of his permanent office.
8. Steps in the appointing process
a. Nomination ‐ It is the exclusive prerogative of the President upon which no limitation may be imposed by
Congress, except those resulting from the need securing the concurrence of the Commission on Appointments
and from the exercises of the limited legislative power to prescribe the qualifications to a given appointive
office.
b. Confirmation
● The power to confirm and reject certain appointments belongs to Congress through the Commission on
Appointments since it is a check on the executive.
● A confirmation cannot be reconsidered after the President has been notified of the confirmation and has
completed the appointment by issuing a commission the appointee even if the rules of the confirming body
provide for reconsideration
c. Issuance of Commission
● “Commission” is the written authority from a competent source given to the officer as his warrant for exercise
of the powers and duties of the office. It is the written evidence of the appointment
● When a person is elected to office, his right as established as a result of the election and does not depend
upon the issuance of a commission. Issuance of a commission to an elected officer is merely a ministerial act
and not a part of the act of appointment. Instead, the elected officer is entitled to a certificate of election.
b. Purpose ‐ to enable the national and local government and all its instrumentalities and agencies to render
more efficient services to the public by enabling them to obtain efficient servants.
b. Non‐Career Service
i. Characteristics:
● Entrance bases other than those of the usual test of merit and fitness
● Tenure which is limited to a period specified by law or coterminous with that of the appointing authority or
subject to his pleasure or limited to the duration of a particular project
ii. Includes:
● Elective officials and their personal or confidential staffs.
● Department heads and other officers of cabinet rank and their
staffs
● Chairmen and members of commissions and boards with fixed terms of office and their staffs
● Contractual personnel
● Emergency and seasonal personnel
● Casual employees
4. Constitutional Classification
a. Competitive ‐ Those appointments are made according to merit and fitness as
determined by competitive examinations.
b. Non‐competitive ‐ Those appointments do not take into account merit and fitness as determined by
competitive examinations. These include positions which are policy‐determining, primarily confidential, or
highly technical in nature.
● A position may be considered primarily confidential when the President, upon recommendation of Civil
Service Commissioner, has declared it to be.
● It is the nature of the position which finally determines whether a position is primarily confidential.
● Primarily confidential appointee is not subject to removal at the pleasure of the appointing authority. Instead,
termination of such an appointee’s official relation can be justified on the ground of loss of confidence, which
involves no removal but merely the expiration of the term of office.
e. Highly‐technical position ‐ Its occupant is required to possess skills or training in the supreme or superior
degree.
1. These are the minimum requirements for a class of positions in terms of education, training and experience,
civil service eligibility, physical fitness, and other qualities required for successful performance.
D. 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 it powers and perform its duties.
1. Classifications
a. original – when an office is created and no one has been appointed to fill it;
b. constructive ‐ when the incumbent has no legal right or claim to continue in office and can be legally
replaced by another functionary;
c. accidental – when the incumbent having died, resigned, or been removed, there
is no one in esse discharging the duties of the office
d. absolute – when the term of an incumbent having expired and the latter not having held over, no successor
is in being who is legally qualified to assume the office
2. Causes of vacancy
a. Death, permanent disability, removal from office or resignation of the incumbent.
b. Abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of
incompatible office, creation of a new office, reaching the age limit and recall. Failure of persons chosen for
office to accept or qualify for the office.
b. Where appointment to take effect after expiration of appointing power – but the appointing power cannot
forestall the rights and prerogatives of their successors by appointing successors to offices expiring after its
power to appoint has itself expired. It is also plain that an appointment thus made by anticipation has no other
basis than expediency and convenience.
E. Qualifying to Office
1. Qualification
The person appointed or elected to a public office is usually required by law, before entering upon the
performance of his duties to do some act by which he shall signify his acceptance of the office and his
undertaking to execute the trust confided in him.
F. De Facto Officers
1. De facto doctrine
Is the principle which holds that a person who, by the proper authority is admitted and sworn into office is
deemed to be rightfully in such office until, by judicial declaration in a proper proceeding, he is ousted
therefrom, or his admission thereto is declared void. Springs from the fear of the chaos that would result from
multiple and repetitious suits challenging every action taken by every official whose claim to office could be
open to question, and seeks to protect the public by insuring the orderly functioning of the government despite
technical defect in title to office.
2. De facto officer is one who has the reputation of being the officer he assumed to be and yet is not good
officer in point of law.
A person where the duties of the officer are exercised:
a. without a known appointment or election, but under such circumstance of reputation or acquiescence as
were calculated to induce people, without inquiry to submit to or invoke his action, supposing him to be the
officer he assumed to be; or
b. under color of a known and valid appointment or election, but where the officer has failed to conform to
some precedent requirement or condition, such as to take an oath, give a bond, or the like; or
c. under the color of a known election or appointment, void because the officer was not eligible, or because
there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its
exercise, such as ineligibility, want of power, or defect being unknown to the public; or
d. under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the
same is adjudged to such.
Officer is one who derives his appointment from one having colorable authority to appoint if the office is an
appointive office, and whose appointment is valid on its face.
3. 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.
b. While official acts of a d e facto officer are valid and may be binding with regard to third persons and the
public the person so acting may be liable for all penalties imposed by law for usurping or unlawfully holding
office, or for exercising the functions thereof without lawful right or without being qualified according to law.
c. It is likewise the general rule that a public officer cannot excuse his responsibility for crimes committed in his
official capacity by asserting that he was an officer de facto .
d. A rightful incumbent of a public office may recover from a d e facto officer the salary received by the latter
during the time of his wrongful tenure, even though he (the d e facto officer) occupied the office in good faith
and under the color of title.
CHAPTER IV: POWERS, DUTIES, AND NORMS OF CONDUCT OFPUBLIC OFFICERS
Duration of authority.
1. Duration of term as provided by the law.
2. Where officer chosen to act in reference to a particular subject.
From the standpoint Mandatory. — Powers conferred on public officers are generally construed as
of the obligation of mandatory although the language may be permissive, where they are for the
the officer to benefit of the public or individuals.
perform his powers
and duties Permissive. — Statutory provisions define the time and mode in which public
officers will discharge their duties, and those which are obviously designed
merely to secure order, uniformity, system, and dispatch in public business, are
generally deemed directory.
From the standpoint Power of control. — It implies the power of an officer to manage, direct or
of the relationship govern, including the power to alter or modify or set aside what a subordinate
of the officer to his had done in the performance of his duties and to substitute his judgment for
subordinates that of the latter.
Meaning of discretion.
Discretion - act or the liberty to decide according to the principles of justice and one's ideas of what is right and
proper under the circumstances, without willfulness or favor.
Where superior officers have authority to ratify the acts of their inferiors, they are restricted to the ratification of
acts and contracts which they themselves are empowered to make.
Purpose:
a. Conduct a periodic, continuing review of performance of officials and employees in all departments,
offices, and agencies;
b. Establish a system of annual incentives and rewards to the end that due recognition is given to
officials and employees of outstanding merit;
c. Determine the form of rewards to be granted;
d. Formulate and adopt its own rules to govern the conduct of its activities.
4. Secretariat. — Provide secretariat services to the Committee.
5. Authority/ responsibility of certain officials - Authority to determine whether said statements have been
properly accomplished:
a. In the case of Congress, the designated committees of both Houses of Congress subject to
approval by the affirmative vote of the majority of the particular House concerned;
b. In the case of the Executive Department, the heads of departments, offices, and agencies insofar
as their respective departments, offices and agencies are concerned subject to approval of the
Secretary of Justice;
c. In the case of the Judicial Department, the Chief Justice of the Supreme Court; and
d. In case of the Constitutional Commissions and other Constitutional Offices, the respective
Chairman and members thereof; in the case of the Office of the Ombudsman, the Ombudsman.
6. Review and compliance procedures.
7. Basis in monitoring income and lifestyle of government officials and employees. — Sworn Statement of
Assets and Liabilities (SSAL).
A. IN GENERAL
Rights incident to public office
Rights as a citizen
B. RIGHT TO COMPENSATION
Power of Congress to fix compensation
A. Compensation
means pay for doing all that may be required whether it is in the form of a fixed salary or
wages, per diems, fees, commissions, or perquisites of whatever character.
B. Salary
is the personal compensation to be paid to the public officer for his services, it is
generally a fixed annual or periodical payment depending on the time and not the amount of
service.
It is distinguished from wages, as wages is given to officers of lesser rank and paid per
day or week.
C. Per diem
is merely one forms of compensation granted to public officers which is fixed, not as
ordinarily by the year or by the month but by the day.
is a daily allowance given for each day an officer or employee of government is away
from her home base. It is intended to cover the cost of lodging and subsistence of officers
and employees when the latter are on duty outside of their permanent station.
not deemed to be a salary within the Constitutional provision that no change in the
compensation of officers shall affect the salary of any officer during his existing term.
D. Emoluments
refers to the profits arising from the office, and that which is received as compensation for
services or which is annexed to the office as salary, fees or perquisites.
Includes fees and compensation as the incumbent of the office is, by law, entitled to
receive.
1. Creation of law
2. Services rendered
3. Compensation fixed by law
4. Legal title to office
5. Amount of compensation
6. Ex oficio position
Recovery of compensation
a. De jure officer cannot recover that which has been paid to a de facto officer unless the
government continues to pay even after having received notice of an adjudication in favor of
the de jure.
b. In cases where there is no de jure officer, a de facto officer is legally entitled to the
emoluments of the office if he is:
1. In good faith
2. Has possession of the office
3. Has discharge of the duties of said office
a. After the notice of adjudication in favor of the de jure officer, the de facto officer is not
entitled to keep what has been paid for services rendered.
b. Also, where the tenure of the de facto was wrongful, the salary received by such may be
recovered.
o An intruder or usurper has no right to the salary or emoluments of the office. He becomes
liable to the de jure officer in an action for money he had received.
Garnishment
is a kind of attachment for reaching credits belonging to the judgment debtor owing to
him from a stranger to litigation.
o The salary of a public officer may not be subject of garnishment, attachment, or order of
execution, nor be seized before being paid to him, and appropriated for the payment of his
debts for the following reasons:
1. While the money is still in the hands of the disbursing officer, it belongs to the
Government;
2. Public policy forbids such practice since it would be fatal to the public service;
a. Compensation is given not only for remuneration of services but also to enable the
incumbent to give due attention to his official duties and to perform them better.
o Any agreement respecting such compensation is invalid as against public policy if it tends
to pervert such compensation to purpose other than that for what it was intended. This rule
specifically refers to unperformed services and the salaries attached thereto and to those
already performed which the officer can validly disburse as he may see fit.
a. Congress has absolute power to fix or alter the compensation of public officers, except as
provided by the Constitution.
b. The Constitution prohibits Congress from reducing the salary of the following
constitutional officers during their term or tenure in order to secure their independence:
“No elective or appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept without the consent
of the Congress, any present, emolument, office, or title of any kind from any foreign
government.
1. The law, in certain instances, specifically authorizes payment where it appears just and
necessary
2. Additional compensation is received not from government or any of its entities
3. In case of double appointments where there are 2 distinct offices, the public officer may
draw the salary attached to the 2nd position only when law specifically authorizes him.
Free voluntary service to the government
a. Advisory
b. Consultancy or counseling
c. Recommendatory
d. Professional services
e. Staff work such as planning or research
f. Humanitarian
o The Code of Conduct and Ethical Standards for Public Officials and Employees (Republic
Act no. 6713) and the Implementing Rules on:
4. Exemptions
o Those who render free voluntary service are exempted from the following:
a. Filing of statements of assets and liabilities and net worth, and financial disclosures
b. Requirement of divestment
c. Eligibility requirements
d. Security of tenure
5. Prohibitions
o Unless otherwise provided in the terms of their designations, volunteers are prohibited
from:
C. OTHER RIGHTS
1. Rights under the Constitution
a. Right to self-organization
b. The right to protection of temporary employees
c. Freedom of members of Congress from arrest and from being questioned
d. The right not to be removed or suspended except for cause provided by law
3. Rights under the Civil Service Decree and the new Administrative Code
NEXT-IN-RANK RULE
4. Personnel actions
refers to any action denoting movement or progress of personnel in the civil service
which must be in accordance with the rules or standards promulgated by the Civil Service .
2. Promotion
It is the advancement from one position to another with an increase in duties and
responsibilities as authorized by law and usually accompanied by an increase in pay.
3. Transfer
It is the movement from one position to another of equivalent rank, level, or salary without
break in service involving issuance of appointment.
4. Reinstatement
It means restoration to a state or condition from which one has been removed or
separated.
5. Reemployment
6. Detail
It is the movement of an employee from one department or agency to another without the
issuance of appointment and shall be allowed only for a limited period in case of employees
occupying professional, technical, and scientific positions.
7. Reassignment
8. Demotion
It is the movement from one position to another involving the issuance of an appointment
with diminution in duties, responsibilities, status, grade or rank which may or may not involve
reduction in salary.
1. Retirement benefits
2. Separation benefits
3. Unemployment or involuntary separation benefits
4. Disability benefits
5. Survivorship benefits
6. Funeral benefits
7. Life insurance benefits
6. Pension
7. Retirement
as a withdrawal from office public station, business, occupation, or public duty.
o Reinstatement
Is the restoration to a state or condition from which one had been removed or separated.
o Back Salary
Is a form of relief that restores the income that was lost by reason of unlawful dismissal.
A. Constitutional Prohibitions
I. Disabilities of President, Vice-President, Members of Cabinet, and their Deputies
and Assistants
1. They shall not hold, unless otherwise provided in the Constitution, any other office or
employment;
2. They shall not practice any other profession;
3. They shall not participate, directly or indirectly, in any business;
4. They shall not be financially interested, directly or indirectly, in any contract with, or in any
franchise or special privilege granted by the government or any subdivision, agency or
instrumentality thereof including any government-owned or controlled corporation or their
subsidiaries; and
5. They shall strictly avoid conflict of interest in the conduct of their office.
IX. Prohibition against holding more than one position by appointive officials
Article IX-B, Section 7
“Unless otherwise allowed by law or by the primary functions of his position, no appointing
official shall hold any other office or employment in the Government or any subdivision,
agency or instrumentality thereof, including, government-owned or controlled corporations or
their subsidiaries.”
X. Prohibition against acceptance of any present, etc. from any foreign state
Article IX-B, Section 8
“No elective or appointive public officer or employee shall xxx accept without the consent of
the Congress, any present, emolument, office, or title of any kind from any foreign
government.”
LGU Officers
Business and Pecuniary interest
Business transaction with local government unit in which he is an official or employee over
which he has the power of supervision, or with any of its authorized board, official, agents, or
attorneys, whereby money is to be [paid or property or any other thing of value is to be
transferred directly or indirectly out of the resources of the LGU unit to such person or firm.
Cockpits
Forfeited real estate in favor of LGU for unpaid taxes or by virtue of a legal process at the
instance of the said LGU.
ETC.
Practice of Profession
those members of the Bar
Appear as counsel before any court in any civil and criminal cases case wherein a local LGU
or any office, agency or instrumentality is the adverse party
Collect any fee for their appearance in admin proceedings involving LGU of which he is an
official
LGU official in medical profession may exercise profession even during official hours of work
during emergencies provided that the officials concerned do not derive monetary
compensation.
The following persons cannot acquire by purchase, even at a public or judicial auction, either
in person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his guardianship;
(2) Agents, the property whose administration or sale may have been entrusted to them,
unless the consent of the principal has been given;
(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision thereof, or
of any government-owned or controlled corporation, or institution, the administration of which
has been entrusted to them; this provision shall apply to judges and government experts
who, in any manner whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other
officers and employees connected with the administration of justice, the property and rights
in litigation or levied upon an execution before the court within whose jurisdiction or territory
they exercise their respective functions; this prohibition includes the act of acquiring by
assignment and shall apply to lawyers, with respect to the property and rights which may be
the object of any litigation in which they may take part by virtue of their profession.
(6) Any others specially disqualified by law.
The prohibitions in the two preceding articles are applicable to sales in legal redemption,
compromises and renunciations.
BSP
Outside the interest of the Gov. and Full time monetary board members
Personnel (Anti-Graft and Code of Ethical Standards)
BIR
Unlawful divulgence of trade secrets (PD 1158 sec 269)
Unlawful interest of revenue law enforcers in business. (PD 1158 sec 270)
Anti-Graft
Influencing other public officer to perform an offense in connection with official duties
Requesting or receiving any gift in connection with his official duties
Causing any undue injury to any party
Entering on behalf of the Govt into a contract to the disadvantage of another
Having financial or pecuniary interest in any business which is prohibited by law
Becoming interested for personal gain in any transaction requiring the approval of the board
or company
Approving or granting any license or permit in favor of any person known to him to be not
qualified or legally entitled to such license
"Substantial stockholder" means any person who owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. This term shall also apply to the parties to a
voting trust.
"Relatives" refers to any and all persons related to a public official or employee within the
fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
"Family of public officials or employees" means their spouses and unmarried children under
eighteen (18) years of age.
CHAPTER VII: LIABILITIES OF PUBLIC OFFICERS
A. In General
State immunity does not apply in causes of action which do not seek to impose a
charge or financial liability against the government.
Official immunity not absolute. Hence, such immunity shall only apply to the
following:
1. CIVIL. If individual is damaged by the violation of duty, the officers shall be held liable
civilly to reimburse the injured party;
2. CRIMINAL. If the law has attached a penal sanction, the officer may be punished
criminally;
3. ADMINISTRATIVE. The violation of disciplinary power may lead to imposition of fine,
reprimand, suspension, or removal from office, as the case maybe.
B. Civil Liability
Two things that must concur in order to create the right of action:
Rule: Public officers should be held to a faithful performance of their official duties,
and made to answer in damages to all persons who may have been injured through
their malfeasance, omission or negligence.
Liability of the President for Official Acts
1. Civil responsibility
2. Criminal Liability
3. Liability for Damages
a. Immunity is necessary because the imposition of monetary costs for mistakes which
were not unreasonable in the light of all circumstances would undoubtedly deter the
most conscientious governmental decision maker from exercising his judgment
independently, forcefully and in a matter best serving the long-term interest of the
public
b. Officials with broad range of duties and authority must often act swiftly and firmly at
the risk that an action deferred will be futile or constitute virtual abdication of office.
Members of the Congress are not only exempt from general liability but certain special
privileges are accorded them by the Constitution.
Members of public legislative bodies are chosen to enact such laws and regulations or rules
of conduct as in their judgment best suited to the welfare and prosperity of the people within
their jurisdiction. The performance of this duty is owing to the public and not to individuals.
1. Nature of functions
2. Reasons for Immunity
3. Liability for ministerial acts
1. General Rule
Purely Ministerial Act or Duty – an act which an officer or tribunal performs in a
given state of facts, in a prescribed manner, in obedience to the mandate of the legal
authority, without regard to the exercise of his own judgment upon the propriety or
impropriety of the act done.
1. General Rule
2. Exceptions
a. Where, being charged with the duty of employing or retaining his
subordinates, he negligently or willfully employs or retains unfit or improper
persons; or
b. Where, being charge with the duty to see that they are appointed or qualified
in a proper name, he negligently or willfully fails to require them the due
conformity to the prescribe regulations; or
c. Where he so carelessly or negligently oversees, conducts or carries on the
business of his office as to furnish the opportunity for the default; or
d. A fortiori, where he has directed, authorized or cooperated in the wrong; or
e. Where liability is expressly provided in the statute.
3. Other Exceptions
Liability of Subordinates
1. Republic Act No. 1379 (Forfeiture of Unexplained Wealth Act) declares the forfeiture
in favor of the state of any property found to have been unlawfully acquired by any
public official or employee
2. On the other hand, R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) penalizes
certain acts (enumerated in Section 2 thereof) of public officers and private persons
alike which constitute graft or corrupt practices or which may lead thereto.
1. Bond requirement
2. Primary and secondary responsibility
3. General liability for unlawful expenditures
4. Measure of liability of accountable officers
5. Liability for acts done by direction of superior officers
C. CRIMINAL LIABILITY
Generally: No public officer, however high his position, is above the law; all may be
punished for criminal acts.
A. Specifically
4. Resignation
6. Abandonment of office
8. Removal
9. Impeachment
12. Recall
B. Natural Causes
Term- when used in reference to the tenure of office means ordinarily a fixed and definite
time prescribed by law or the Constitution by which an officer may hold an office.
Expiration of tenure - is the right of the occupant himself to hold the office which is
terminated.
1. Where term of office not fixed by law and incumbent is relieved by appointing authority,
legal effect is the same as if term has been fixed by Congress itself.
2. Where appointment is for a definite and renewable period, non-renewable thereof does
not involve dismissal but an expiration of term.
Tenure represents the period during which the incumbent actually holds the office.
1. Date for commencement is fixed for some appreciable period after the election or
appointment.
2. When there is no time fixed, term will generally begin on the date of election, in case of
elective officers, and the date of the appointment where the officer is appointed.
3. Where the term runs “from” a certain date, the day of the date is excluded in the
computation.
1. Where term fixed by the Constitution- it is beyond the power of Congress to affect the
tenure of such Constitutional Office.
2. Where term not fixed by the Constitution- Congress may fix the terms of officers other
than those provided for in the Constitution.
1. Where holding over provided by law- the office does not become vacant upon the
expiration of the term if there is then no successor elected and qualified to assume it but the
present incumbent will hold office until his successor is elected and qualified, even though it
be beyond the term fixed by law.
2. Where holding over not provided by law- unless such holding over be expressly or
impliedly prohibited, incumbent may continue to hold until someone else is elected and
qualifies to assume office.
5. Purpose of hold-over provision- is to prevent a hiatus in the government pending the time
when a successor may be chosen and inducted into office.
6. Status of hold-over officer- is a de jure officer if his holding over is authorized by law;
otherwise he is a de facto officer.
By Resignation
Forms of resignation
The official with whom a resignation of a public office must be filed may be
designated by statute. In the absence of a statutory direction, a public officer
should tender to the officer or body having authority to appoint his successor or to call
an election to fill the office.
Form of acceptance
\ Withdrawal of resignation.
Repudiation of resignation.
1) It is contrary to the policy of the law that the same individual should undertake to
perform inconsistent and incompatible duties. He who, while occupying one office,
accepts another incompatible with the first, ipso facto, absolutely vacates the first
office.
2) If the law or Constitution as an expression of public policy forbids the acceptance
by a public officer of any office other than that which he holds, it is not a case of
incompatibility but of legal or constitutional prohibition.
When offices incompatible with each other.
1) Where the officer cannot vacate the first office by his own act, upon the principle
that he will not be permitted to, thus, do indirectly what he could not do indirectly, as
where the law requires the approval of the provincial board before a municipal official can
resign.
2) Where the first office is held under a different government from that which
conferred the second;
3) Where the officer is expressly authorized by law to accept another office; and
4) Where the second office is temporary.
By abandonment of office.
Meaning of abandonment.
A person who claims a right to a public office occupied by another may bring
an action determine by what authority the latter assumes to hold and exercise the office
in question and ascertain who is entitled to it.
1) Prescriptive period for filing petition for quo warranto. - Under the Rules of Court,
the proceeding of quo warranto is the proper and appropriate remedy against public officer
or employee for his ouster from office which should be commenced within one year after the
cause of such ouster or the right of the plaintiff to hold such position arose.
2) Rationale for the one-year period- The rationale is that title to public office should
not be subjected to uncertainties but should be determined as speedily as possible.
Consequently, the period runs even when there is no person as yet appointed to succeed
in the position and even during the pendency of a motion for reconsideration in the
administrative level/
Removal – entails the ouster of an incumbent before the expiration of his term. It implies
that the office exists after the ouster. Another term used is dismissal
The Constitution contains no provision expressly vesting in the President the power to
remove executive officials from their posts. Nevertheless, the power is possessed by him,
as it is implied from any of the following:
1. Member of Congress – each house may punish its members for disorderly behaviour
and with the concurrence of 2/3 of all its members, suspend or expel a member. A
penalty of suspension, when imposed shall not exceed 60 days.
2. The President, the Vice-President, the Members of the Supreme Court, the members
of the Constitutional Commissions, and the Ombudsman- they may be removed from
office, on impeachment for and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
3. Member of the judiciary-they shall hold office during good behaviour until they reach
the age of 70 years or become incapacitated to discharge the duties of their office.
4. Civil service officers or employees-they shall not be removed or suspended except
for cause provided by law.
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
9. Receiving for personal use a fee, or other valuable thing in the course of official
duties or in connection therewith when such is given by any person in the hope or
expectation of receiving a favour 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 contribution 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 documents
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 aw
17. Refusal to perform official duty or render overtime service
18. Disgrace, 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. Wilful failure to pay just debts or wilful 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 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
Nepotism.
The Civil Service Decree prohibits all appointments in the national and local governments or
any branch or instrumentality thereof, including government-owned or controlled
corporations, made in favour of a relative of the:
1. appointing authority
2. recommending authority
3. chief o the bureau or office
4. person exercising immediate supervision over the appointee
The following are exempted from the operation of the rule of nepotism:
Grounds for disciplinary action under the Code of Conduct and Ethical Standards
1. Directly or indirectly having financial and material interest in any transaction requiring
the approval of his office
2. owning, controlling, managing or accepting employment as officer, employee,
consultant, counsel, broker, agent, trustee, or nominee in any private enterprise
regulated, supervised or licenses by his office, unless expressly allowed by law
3. engaging in the private practice of his profession unless authorized by the
Constitution, law or regulation, provided that such practice will not conflict or tend to
conflict with his official functions
4. recommending any person to any position in a private enterprise which has a regular
or pending official transaction with hi \s office, unless such recommendation or
referral is mandated by :
A. law
B. international agreements,
C. commitment and obligation
5. disclosing or misusing confidential or classified information officially known to him by
reason of his office and not made available to the public, to further his private
interests or give advantage to anyone, or to prejudice the public interest
6. soliciting or accepting, directly or indirectly, any gift, gratuity, favour, entertainment,
loan or anything of monetary value which in the course of his official duties or in
connection with any operation being regulated by or any transaction which may be
affected by the functions of his office
7. obtaining or using any statement filed under the Code for any purpose contrary to
morals or public policy or any commercial purpose other than by news and
communications media for dissemination to the general public
8. unfair discrimination in rendering public service due to party affiliation or preference
9. disloyalty to the Republic of the Philippines and to the Filipino people
10. failure to act promptly on letters and request within fifteen (15) days from receipt,
except as otherwise provided in the Implementing Rules
11. failure to process documents and compete action on documents and papers within a
reasonable time from preparation thereof, except as otherwise provided in the
Implementing Rues
12. failure to attend to anyone who wants to avail himself of the services of the office or
to act promptly and expeditiously on public personal transactions
13. failure to file swoon statements of assets, liabilities and net worth, and disclosure of
business interests and financial connections
14. failure to resign from his position in the private business enterprise with thirty (30)
days from assumption of public office when conflict of interest arises, and/or failure to
divest himself of his shareholding or interests in private business enterprise within
sixty (60) days from such assumption of public office when conflict of interest arises.
2) Preventive Suspension.
(a) The local chief executives may preventively suspend for a period not exceeding
sixty (60) days any subordinate official or employee under his authority pending
investigation if the charge against such official or employee involves dishonesty,
oppression or grave misconduct or neglect in the performance of duty, or if there is reason
to believe that the respondent is guilty of the charges which would warrant his removal
from the service.
(b) Upon expiration of the preventive suspension, the suspended official or employee
shall be automatically reinstated in office without prejudice to the continuation of the
administrative proceedings against him until its termination. If the delay in the proceedings of
the case is due to the fault, neglect or request of the respondent, the time of the delay
shall not be counted in computing the period of suspension herein provided.
4) Disciplinary jurisdiction – Except as otherwise provided by law, the local chief executive
may impose the penalty of removal from service, demotion in rank, suspension for not more
than one (1) year without any pay, fine in an amount not exceeding six (6) months' salary, or
reprimand and otherwise discipline subordinate officials and employees under his
jurisdiction.
5) Execution pending appeal – An appeal shall not prevent the execution of a decision of
removal or suspension of a respondent-appellant. In case the respondent-appellant is
exonerated, he shall be reinstated to his position with all the rights and privileges
appurtenant thereto from the time he had been deprived thereof.
1) Scope- The Civil Service Commission has jurisdiction over all employees of Government
branches, subdivisions, instrumentalities, and agencies including government owned or
controlled corporations with original charters. As the Commission on Elections is the “sole
judge” of call election cases and the Commission on Audit, with respect to government
accounts, the Civil Service Commission is the single arbiter of all controversies pertaining to
civil service positions in the government service, whether career or non-career.
2) Appellate jurisdiction over administrative disciplinary cases – The CSC shall decide
upon appeal all administrative disciplinary cases involving the imposition of a penalty of
suspension for more than thirty (30) days, or fine in an amount exceeding thirty (30) days'
salary, demotion in rank or salary or transfer, removal or dismissal from office.
5) Execution of decision pending appeal - An appeal shall not stop the decision from
being executory in case the penalty is suspension or removal the respondent shall be
considered as having been under preventive suspension during the pendency of the appeal
in the event he wins an appeal.
6) Reconsideration of a final and executory decision not allowed – The CSC has no
power or authority to reconsider its decision which has become final and executory even if
the Commission later discovers that its judgment is erroneous.
1. Period to Appeal
2. Appeal, how taken
3. Appeal fee
4. Transmittal of record
5. Perfection of Appeal
6. Period to file appeal memorandum
7. Appeal Memorandum
8. Non-compliance with requirements
9. Stay of execution
10. Action to appeal
11. Comment
12. Submission of resolution
13. Memorandum decision
14. Finality of decision
15. Executory nature of decision
16. Withdrawal of Appeal
17. Delegation of Authority
18. Limitation of appeals
19. Application of Rules of Court
Composition:
1. Commissioner
2. Two Associated Commissioner
PREVENTIVE SUSPENSION
1. Kinds
a. Preventive suspension pending investigation
b. Preventive suspension pending appeal
2. Preventive suspension pending investigation
3. Right to compensation where employee is exonerated
4. Preventive suspension pending appeal
5. Suspension from office under section 13 of RA No. 3019
6. Pre-condition for suspension
7. Duration of suspension
8. In the case of members of the Philippine National Police
9. In the case of local elective officials
10. In the case of presidential appointees and other elective officials
11. Where suspension imposed by Ombudsman
12. Prior notice and hearing not required
13. Members of Congress covered by RA No. 3019
1. As to duration
2. As to nature
3. As to time of imposition
1. Dismissal
a. Dishonesty
b. Gross neglect of duty
c. Grave misconduct
d. Being notoriously undesirable
e. Conviction of a crime involving moral turpitude
f. Falsification of official documents
g. Physical or mental incapacity or disability due to vicious habits
h. Engaging, directly or indirectly, in partisan political activities by one holding non-
political office
I. Receiving for personal use of a fee, gift or other valuable thing
j. Contracting loans of money or other property from persons with whom the office of
the employee has business relations
k. Soliciting or accepting directly or indirectly, any gift, gratuity, favour, entertainment,
loan or anything of monetary value
l. Disloyalty to the Republic of the Philippine and to the Filipino people
2. Suspension from six months and one day to one year for the first offense and dismissal
for the second offense.
a. Oppression
b. Disgraceful and immoral conduct
c. Inefficiency and incompetence in the performance of official duties
d. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent
unauthorized absences from duty during office hours
e. Refusal to perform official duty
f. Gross insubordination
g. Conduct grossly prejudicial to the best interest of the service
h. Directly or indirectly having financial and material interest in any transaction requiring the
approval of his office
I. Owning, controlling, managing or accepting employment as officer, employee, consultant,
counsel, broker, agent, trustee, etc.
j. Engaging in the private practice of his profession unless authorized by the Constitution
k. Disclosing or misusing confidential or classified information officially known to him
l. Obtaining or using any statements filed under the Code of Conduct and Ethical Standards
1. Suspension from one month and one day to six months for the first offense and dismissal
for the second offense.
a. Simple neglect of duty
b. Simple misconduct
c. Gross discourtesy in the course of official duties
d. Gross violation of existing Civil Service Law and rules of serious nature
e. Insubordination
f. Habitual drunkenness
g. Nepotism
h. Recommending any person to any position in private enterprise which has a
regular or pending official transactions with his office
I. Unfair discrimination
j. Failure to file sworn statements of assets, liabilities and net worth
k. Failure to resign from his position in the private business enterprise within 30 days
from assumption of public office
1. Reprimand for the first offense, suspension from one day to thirty days for the second
offense, and dismissal for the third offense
a. Neglect of Duty
b. Discourtesy in the course of official duties
c. Improper or unauthorized solicitation of contributions from subordinate employees
d. Violation of reasonable office rules and regulations
e. Gambling prohibited by law
f. Refusal to render overtime service
g. Disgraceful, immoral or dishonest conduct prior to entering the service
h. Borrowing money by superior officers from subordinates
I. Lending money at usurious rate of interest
j. wilful failure to pay just debts or wilful failure to pay taxes due the government
k. Pursuit of private business, vocation or profession without permission required by
Civil Service rule and regulations
l. Lobbying for personal interest or gain in legislative halls and offices without
authority
m. Promoting the sale of tickets in behalf of private enterprise
n. Failure to act promptly on letters and requests within 15 days from receipt
o. Failure to process documents and complete action on documents and papers
within a reasonable time
p. Failure to attend to anyone who wants to avail himself of the services of the offices
2. The penalty of forced resignation shall carry with it that of forfeiture of leave
credits and retirement benefits, and the disqualification for employment in the government
service for a period of one year.
The Sandiganbayan
The Ombudman
By Impeachment
1. Impeachable officials
2. Power to initiate and to try impeachment cases
By abolition of office
By conviction of a crime
Effects of pardon
By recall
1. By whom exercised
2. Initiation of the recall process
3. Election on recall
4. Effectivity of recall
5. Probation from resignation
6. Limitation on recall