UNIVERSITY OF BOHOL

COLLEGE OF ARTS AND SCIENCES

City of Tagbilaran
LAW ON PUBLIC OFFICERS
2nd Semester, SY: 2022-23

Name ____Victor Andrei Oba_______Adm. No. ______________Score: _________

Section______________________Time / Day _______________________ Date __________

Instruction: Answer in a clear and organize essay. (5 points each)

I.

A. What is security of tenure?

B. Mr. Kugihan was working at XXX Corp., is a government owned and controlled corporation
which was created under the general corporation code. Mr. Kugihan got sicked with COVID19
virus so he filed a leave absence from work for one (1) week. Unfortunately, he was surprised
when he was informed that he was already dismissed from his work. He then filed a case of
illegal dismissal from work at the Civil Service Commission. May his case prosper?

C. Supposed XXX Corp is a government owned and controlled corporation which was created with
an original charter and Mr. Kugihan was terminated from work, will is case of illegal dismissal
prosper if he filed the case at Civil Service Commission?

II.

A. What are the grounds for impeachment?

B. What are the effects of a judgment in a case of impeachment?

C. A disbarment case was file against Ombudsman X on January 10, 2023 on the ground of graft
and corruption and immorality since he married his 18-year old political science student.
Presuming that the aforesaid grounds are valid, will the disbarment case prosper?

D. An impeachment case was filed against President Gloria Macapanot on January 15, 2023 on
the ground of bribery. However, the case was dismissed. Interestingly, on May 29, 2023 a new
impeachment case was filed against her on the ground of betrayal of public trust. Presuming
that the aforesaid ground is valid, will the impeachment case prosper?

IV.

A. Compare and constrast the preventive suspension done by an Ombudsman and by the
Sandigan Bayan.

V.

A. Distinguish an Incompatible Office from a Forbidden Office.

B. Senator X is the author of the Philippine Law of the Sea to address our boundary disputes with
other countries. A Law of the Sea Commission which office was created solely for the
implementation of the Law of the Sea in the Philippines. After the term of office of Senator X, he
was appointed as Commissioner of the Law of the Sea Commission by President Mackoy. A
good salary was offered. As a legal expert may former senator X validly accept the
appointment?

C. Congressman Tambok Chatotoy was the third district congressman of Bohol. While being a
congress man, he was appointed as the new secretary of Justice by President Bulok Mankong.
What are the legal effects if he will accept his new appointment?

VI.

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A. Sen. Flick Ant is a single and a top calibre lawyer. His super model girlfriend Princess Sarrah
was charged with a libel case at the Regional Trial Court of Tagbilaran. Princess Sarrah, his
sexy and beautiful girlfriend demanded him to be her counsel. Otherwise, she will look for
another boyfriend who can help her in her ordeal. But, Senator Flick Ant is madly in loved with
his girlfriend. May Senator Flick Ant appear as counsel of his supermodel girlfriend Princess
Sarrah? (Justify your answer. Discuss here the spirit of the law which is applicable to this case)

VII.

A. What is a confidential employee?

VIII.

A. Distinguish discretionary from ministerial duties of a public officer.

B. Pedro Cruz, the City Engineer of Baguio, retired. To fill the vacant position, the
City Mayor appointed Jose Reyes, a civil engineer who formerly worked under
Cruz but had been assigned to the Office of the Mayor for the past five years.
Vicente Estrada, the Assistant City Engineer filed a protest with the Civil Service
Commission claiming that being the officer next in rank he should have been
appointed as City Engineer.

1. Who has a better right to be appointed to the contested position?

2. Can the Civil Service Commission revoke an appointment by the appointing

power and direct the appointment of an individual of its choice?

IX.

A. What is a recall election?

B. Former Gov. Haggard Dome was elected provincial governor of Palawan for a consecutive
term. Thereafter, he decided to rest from public service. The former vice governor Gipalinkod
Kadiyot is currently the elected as the governor of the said province. After one year, the people
of Palawan filed a petition for recall election on the ground of loss of confidence upon the new
governor which was approved by the COMELEC. Former Governor Haggrad Dome was elected
as Governor of Palawan in the recall election. Is his elections as governor valid? Justify here
whether or not his new election as governor does not violate the three (3) consecutive term
limitation.

X.
A City Assistant Treasurer was convicted of Estafa through falsification of public document.
While serving sentence, he was granted absolute pardon by the President.

A. Assuming that the position of Assistant City Treasurer has remained vacant, would he
be entitled to a reinstatement without the need of a new appointment? Explain. (2%)

B. If later the same position becomes vacant, and he was really proven innocent by the court,
would he be entitled to a reinstatement? Justify your answers.

May we love more the Philippines! God bless!-sir Roland

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ANSWERS:
I.
a. Security of tenure in law on public officers determines the right of an employee or public
official to be remained employed unless his/her services are terminated for just or
authorized cause after observance of due process of law. For an example, Mr. Victor
was elected as the mayor and have security of tenure for 3 years term. While Mr. Oba
was appointed as a Municipal Engineer and does not have the security of tenure for it
was upon the pleasure of the appointee.
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b. Yes it may prosper. According to the labor code Illegal dismissal refers to the termination
of an employee's employment contract without just or valid cause and without due
process. Mr. Kugihan was dismissed for no cause so he filed a case of illegal dismissal
so it is valid. So what Mr. Kugihan did must prosper.
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c. No, the case of illegal dismissal is not applicable in this situation. GOCC’s with original
charter are under special laws and not labor law so filing a case against the XXX corp
shall not prosper.
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II.
a. The following are among the grounds for impeachment:
Culpable violation of the Constitution
Treason
Bribery
Graft and corruption
Other high crimes
Betrayal of public trust
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b. The effects of judgement in a case of impeachment: If convicted, the official is either removed
from office or censured. If not he/she will remain or hold the said office.
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c. Disbarment case against the ombudsman will not prosper because an impeachable officer such
as an ombudsman cannot be disbarred during his incumbency. To remove him from the office is
only through impeachment.
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d. The impeachment case on the president will not prosper. According to the law the official
accused and proved as innocent can't be filed for impeachment for one calendar year. In the
presented case where the president was filed January 15 and proven innocent, after 4 months
another impeachment was filed against the president. The said case shall not prosper because
the said months cannot fulfill the one calendar year needed.
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IV.
A. The ombudsman and the sandigangbayan may place the worker concerned under preventive
suspension only if his continued employment poses a serious and imminent threat to the life or
property of the employer or of his co-workers the charge against such officer or employee
involves dishonesty, oppression or grave misconduct or neglect in the performance of duty.
However the preventive suspension that was made by sandigangbayan will last for 90 days
whilst the ombudsman will last for just 30 days.

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V.
a. Incompatible office rules that no legislator is allowed to hold office or positions in any
government agency including government-owned or controlled corporations without forfeiting his
seat in the Congress. Meaning, a member of the Congress is not prevented from accepting
other government posts as long as he forfeits his seat as a legislator. The purpose is to prevent
owing loyalty to another branch of the government, to the detriment of the independence of the
legislature and the doctrine of the separation of powers. While forbidden office rules that no
members of the Congress shall be appointed to any office in the government that has been
crated or the emoluments thereof have been increased during his term. The purpose is to
prevent public trafficking in public office.
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b. Yes, senator X may legally accept the appointment. According to article IX. Sec. 2 of the 1987
constitution no member of a Constitutional Commission shall, during his tenure, hold any other
office or employment. But in this case senator x had already completed his term so the
appointment is valid.

Sec. 13. No Senator or Member of the House of Representatives may 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, during his term without forfeiting his
seat. Neither shall he be appointed to any office which may have been created or the emoluments
thereof increased during the term for which he was elected.

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c. The legal effects if he will accept his new appointment will be charged as a violator of the
constitution. To accept the said appointment he must resign on the position as the congressman
first before accepting the said appointment.

VI.
a. The said senator cannot counsel his girlfriend. According to Art. VI, Sec. 14, !987 constitution,
No Senator or member of the House of Representatives may personally appear as counsel
before any court of justice or before the Electoral Tribunals, or quasi-judicial and other
administrative bodies. So the said senator cannot counsel his girlfriend and if he does he is mal
practicing his power and may be removed from the senate.
VII.
a. A confidential employee is someone who helps formulate management policies regarding worker
conditions and has access to confidential information that helps formulate those labor policies.
Some possible examples of confidential employee job titles are: secretaries, assistants to
supervisors or managers, and anyone in labor relations departments or HR.
VIII.
a. Ministerial duty is one which is so clear and specific as to leave no room for the exercise of
discretion in its performance. On the other hand, a discretionary duty is that which by its nature
requires the exercise of judgment.
b. 1. The one who has better right to be appointed to the contested position is mr. Estrada
because he is the one who knows well about the said job because he is the assigned assistant
engineer of the city. Hence it doesn’t mean that the appointment made was illegal, appointment
also depends from the pleasure of the appointee as long as he fills the requirements needed for
the said position.
2. The Civil Service Commission has no authority to revoke the said appointment simply
because it believes that another employee is better qualified for that would constitute an
encroachment on the discretion vested solely in the appointing authority. In the said case there

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 are no grounds that makes the appointment invalid, since the said appointee is an engineer and
had worked for 5 years at the government.
IX.
a. A recall election is a procedure by which, in certain polities, voters can remove an elected
official from office through a referendum. Recall is the power of the voters to remove elected
officials before their terms expire. If the people believes that there happened an unjust
procedure during the election, they may able to demand for a recall by signing a petition of at
least 25% of the voters in the LGU.
b. Yes the election is valid. The law had provided 3 consecutive terms for the governor in his case,
his term had ended by resting from the job in which the title of governor was passed through
succession to the vice governor. The said recall election is also valid because it happened a
year after the new governor was elected.
X.
a. No, he would not be entitled to a reinstatement. An officer under pardon means he was
forgiven from the act that he committed. The grounds of prohibiting it to hold the said office
is to prevent it from happening again.

b. Yes, he would be entitled to a reinstatement without the need of a new appointment

because there happened a vacancy. Regarding to his case, the state of being proven
innocent means that the accusations that have thrown to him was not true. Since he was
proven innocent it also can be understood that he never did it on the first place so he is still
liable to act and refill the said vacancy in which the first place it was held in him.