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Law on Public
Officers

Prepared by: Prof. Gisella N. Dizon-Reyes

 I. INTRODUCTION
Concepts and Principles
A. Public Office and Public Officers

1. Definitions
Mechem, Floyed R., A Treatise on the Law of Public Officer
and Offices, 1890
– A 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 creating power, an
individual is invested with some portion of the sovereign
functions of government, to be exercised by him for the
benefit of the public. The individual so invested is a public
officer
• Administrative Code of 1987 see General Provisions and
Administrative Procedure (Executive Order No. 292, 1987)
Includes any person in the service of the government, or
any of its agencies, divisions, subdivisions, or instrumentalities.

• Revised Penal Code, Art. 203

Any person who, by direct provision of law, popular
election or appointment by competent authority, takes part in
the performance of public functions in the Government of the
Philippines, or performs in said Government or any of its
branches, public duties as an employee, agent or subordinate
official, or any rank or class, is deemed a public officer.
2. Purpose & Nature

Public Office, as a Public Trust

– 1987 Constitution, Art. XI
Sec. 1. Public office is a public trust. Public Officers
and employees must at all times be accountable
to the people, to serve them with utmost
responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest
lives.
 PUBLIC OFFICER
I. Beginning – Commencement of Official
Relations

II. Middle – Duties & Responsibilities while

in Public Office

III. Ending – Termination of Official Relations

 II. COMMENCEMENT OF
OFFICIAL RELATIONS
A. Eligibility & Qualifications
– General and particular qualifications
– 1987 Constitution
– Administrative Code of 1987 (E.O. 292)
– Republic Act No. 9225 (Citizenship)
B. Disqualifications
1. General Disqualifications
2. Specific Disqualifications
C. Acquisition of right or title to office
1.By Appointment
a. Appointment by the President
–1987 Constitution, Art. VII, Sec. 16
b. Appointment under Civil Service
Qualification Standard
–Constitution, Art. IX-B., 2(2)
c. Remedy to Question Title
2. By Election
 III. DUTIES & RESPONSIBILITIES
WHILE IN PUBLIC OFFICE
A. Powers & Duties
1. Source of Power and Authority
2. Construction of power and duties
3. Delegation of Power
4. Scope of Authority
– Constitution, Art XI, Sec. I
– Art XI, Sec. 17
– Art. XI, Sec. 18
5. Specific duties
– Republic Act No. 6713 – Code of Conduct and Ethical
Standards for Public Officials and Employees
6. Norms of Conduct
- Commitment to public interest
- Professionalism
- Justness and sincerity
- Political neutrality
- Responsiveness to the Public
- Nationalism and patriotism
- Commitment to democracy
- Simple living
7. Negative Norms of Conduct
- Inducing violations of law
- Influence peddling
- Receiving gifts, share of kickbacks
- Bribery
- Causing injury to the government or private persons
- Fraud or malversation
- Conflict of interest
- Divulging confidential information
- Outside employment or private practice
- Unjust enrichment
- Falsification
- Evasion of sentence
- Removal, concealment or destruction of documents
- Insubordination or disobedience
- Sexual harassment
8. Norms under the Administrative Code
- Dishonesty
- Oppression
- Neglect of Duty
- Misconduct
- Disgraceful and immoral conduct
- Notoriously undesirable
- Discourtesy
- Inefficiency and incompetence
- Receiving gifts, fees or anything of value
- Commission of a crime
- Improper solicitation
- Violation of Civil Service Rules
- Falsification
- Frequent absences and/or tardiness
- Habitual drunkenness
- Gambling
8. Norms under the Administrative Code
- Refusal to perform duty
- Disgraceful conduct
- Physical or mental incapacity
- Borrowing money from subordinates
- Usury
- Failure to pay debts
- Contracting loans from persons w/ business relations w/ the office
- Unauthorized private employment or practice
- Insubordination
- Partisan political activity
- Conduct prejudicial to the service
- Lobbying for personal interest
- Promoting sale of tickets for private enterprise
- Nepotism

* The character of every act depends upon the circumstances in which it is

done .
B. Rights & Privileges

1. Right to office
2. Security of Tenure
3. System of incentives and rewards – Right to
compensation
–Republic Act No. 6758 (Salary Standardization
Act)
–COA Government Auditing Rules & Regulations,
Sec 2671
 – Rights under the Civil Service Law & the Rules
under the Administrative Code of 1987
4. Personnel Actions
a. Promotion
Section 13, Omnibus Rules Implementing Book V, E.O. 292
b. Transfer
c. Detail
d. Reassignment
e. Reinstatement
f. Reemployment
5. Right to Self Organization
6. Other rights: Leaves of Absence, GSIS
Retirement, Absences, Insurance, Employees
Compensation
Republic Act No. 6713
C. Liabilities

1. In general RA 6713 (Code of Conduct and

Ethical Standards)
2. Administrative Liability
3. Civil liability
4. Criminal Liability
– Civil Code Arts. 27, 32, 34

– Administrative Code Book I, Secs 38-39

– Revised Penal Code, Title VII

– Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act)

– Sandiganbayan – Constitutionally mandated court to try Graft Cases (Presidential

Decree 1606 and P.D. 1861 as amended)
– Ombudsman (Republic Act 6770) – the principal duties of which include the
investigation of any act or omission of any public official, employee, office or agency,
when such act or omission appears to be illegal, unjust, improper or inefficient;

– Stop, prevent or correct any abuse, impropriety in the performance of duty;

– And to determine the cause of inefficiency, red tape, mismanagement, fraud, and
corruption in the government.
4. Criminal Liability
Sec. 3 of R.A. 3019 provides eleven (11) modes by which
Public Officers in general can commit graft and
corruption:
a) Persuading, inducing or influencing another public officer.
(Paghimok o pagamit ng influencia)
b) Requesting or receiving any gift, present, share, percentage or
benefit in connection w/ any government contract or transaction.
(Pangungumisyon)
c) Requesting or receiving any gift, present or other pecuniary or
material benefit in consideration for help in securing a
government license or permit. (Paghingi o pagtanggap ng regalo)
d) Accepting employment in a private enterprise. (Pagtanggap ng
trabaho)
e) Causing undue injury or giving unwarranted benefit,
advantage or preference. (Pagpinsala o paglalamang)
f) Delaying action on pending matters. (Mabagal o hindi
pagkilos)
g) Entering into contracts and transactions grossly
disadvantageous to the government. (Pagdedehado sa
gobyerno)
h) Having financial or pecuniary interest in any business,
contract or transaction. (pangangwarta)
i) Becoming interested or having material interest in any
transaction or act requiring the approval of a board, panel
or group. (Pagiinteres)
j) Granting a license, permit, privilege or benefit to an
unqualified person or a dummy. (Pagpapalusot)
k) Divulging or releasing valuable information in advance.
(Pagsisiwalat ng lihim)
• Corrupt practices of Private Persons – Private persons who
induce or conspire w/ public officers to commit corruption are
just as liable as the public officer.
• Corrupt practices of private individuals having family or close
personal relations w/ the public official.
• Corrupt practices of certain relatives of the four (4) highest
officials of the Republic of the Philippines. (President, Vice-
President, President of the Senate, and the Speaker of the
House)
 – Corrupt practices of Members of Congress
– Penalties for violation of R.A. 3019
a) Imprisonment of six (6) years and one month to fifteen
(15) years;
b) Perpetual disqualification from public office; and
c) Confiscation or forfeiture of any prohibited interest an
unexplained wealth. Republic Act No. 1379 (Forfeiture
of unlawfully acquired property)
– Sufficient cause for removal or dismissal from office.

D. Disabilities & Inhibitions

1. Under the Constitution

2. Under existing laws
 IV. TERMINATION OF OFFICIAL
RELATIONS
• Republic Act No. 6713
• Republic Act No. 7160
A. Expiration of Term H. Removal
B. Retirement I. Impeachment
C. Death or Permanent
Disability J. Abolition of Office
-- Absent Valid
D. Resignation
E. Acceptance of Reorganization of
Incompatible Office Government
F. Abandonment of Office K. Conviction of Crime
G. Prescription of Right to L. Recall
Office
THANK YOU