Admin-Law

MT Pointers 2016

I. Qualifications usually required of Public Officers

Citizenship
It is a general principle that aliens are not eligible to public office, unless the privilege is
extended to them by statute. Generally, only Filipino Citizens are eligible to hold public
office.

Education
As a general principle, the more education an individual has, the better and more effective
public officer he will be. Yet it is quite possible for a person to become an important asset to
government even with little or no formal schooling. In many cases, however, statutes
prescribe educational qualifications when they reasonably relate to the specialized demands
of an office, enabling the holder to properly and intelligently perform the duties of such
office. Hence, there are certain offices which can be properly filled only by persons
possessing professional attainments.

Residence
There are provisions in the Constitution and statutes prescribing residence qualifications for
office. A candidate for election or appointment to an office of a political subdivision or unit
may be required by provision of statute to be a resident or inhabitant thereof.

The term "residence" and "domicile," as used in many statutes, are held to be synonymous.
Both import not only an intention to reside in a fixed place, but also personal presence in
that place, coupled with conduct indicative of such intention.

Ability to read and write

This qualification may lawfully be made since there is no constitutional prohibition against
it, especially where it has a reasonable relationship to the duties of the position in question.

Political affiliation
Normally, discrimination in public employment by reason of political affiliation is proscribed
by the Constitution. Since running for and holding political office are forms of political
expression, there must exist a compelling state interest in order to uphold the validity of
restrictions on holding political office.

The Constitution and existing laws sometimes require as a condition of eligibility to certain
offices nomination by membership in a political party or group.
II. Case – Disability of members of the Congress

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. (Constitution, Article VI, Sec.14)

Members of congress may still practice their profession, what’s prohibited is their personal
appearance as a counsel in the court. Thus, members of the Congress may still write
pleadings, render legal advice, prepare public documents, and the like.

III. Can a de jure officer recover the salary received by a de facto officer?

Yes. As a general rule, if one becomes a de facto officer without bad faith and renders
service, he is entitled compensation and emoluments provided by law to the office for the
period he rendered the service.

However, as a rule, a de facto officer suffers certain liabilities, one of which is the right of
the rightful incumbent to recover the salary received by him during his wrongful
incumbency even if he occupied the office in good faith and under color of title.

IV. Case – 4th Ranking Official of the Sangguninang Panlalawigan is considered as a de facto
officer. What are the legal effects of his acts?

Elements of a De Facto Officership:

1. There must be a de jure office;
2. There must be a color of right or general acquiescence by the public;
3. There must be actual, physical possession of office in good faith

Legal effects of the acts of a de facto officer:

1. As to the officer himself, the rule is that his acts are void as far as he is concerned. That
is why a party suing for or defending his own right as a public officer must show that he
is an officer de jure and it is not sufficient to show that he is merely a de facto officer.

2. As regards the public and third persons, Acts of a de facto officer are valid until his title
to office is adjudged insufficient. The officer’s authority may not be collaterally attacked
or inquired into as if there is no difference between a de jure and a de facto officer.
V. SALN, what it includes, and where is it filed?

SALN stands for Statement of Assets, Liabilities, and Net Worth. All public officials and
employees, whether regular or under temporary status, are required to file a SALN. Its
submission is required by law under Article XI Section 17 of the 1987 Constitution and
Section 8 of Republic Act No. 6713, it includes a waiver authorizing the Ombudsman or his
authorized representatives to attain documents that may show assets, liabilities, net worth,
business interests, and financial connections from all appropriate government agencies.

The SALN must include:

• Real property, its improvements, acquisition costs, assessed value and current fair
market value;
• Personal property and acquisition cost;
• All other assets such as investments, cash on hand or in banks, stocks, bonds, and
the like;
• Liabilities;
• All business interests and financial connections;
• Including those of their spouses and of unmarried children under 18 years of age
living in their households;
• Identification and disclosure of relatives in the Government.

The SALN must be filed:

To the National Office of the Ombudsman

For the President, Vice-President, Chairmen and Commissioners of Constitutional

Commissions and Offices.

To the Secretary of the Senate

For Senators

To the Secretary-General of the House

For Congressmen

When SALN must be filed:

• Within thirty (30) days after assumption of office;

• On or before April 30, of every year thereafter; and
• Within thirty (30) days after separation from the service.
VI. Distinguish Ministerial from Discretionary functions.

• A Function is ministerial when it is absolutely certain, and imperative, involving

merely execution of a specific duty. There is no element of discretion in the
performance thereof. While a function is discretionary if it require the exercise of
discretion in determining how or whether the act shall be done. It arises when the
act can be performed in more than one way, which leads the performer in which
way it should be performed.
• If the duty is ministerial, mandamus lies to compel a specific action. On the other
hand, if the duty is discretionary, mandamus lies to require action only.
• There can be no delegation of discretionary duties to another except when the
power of delegation is given to him. While delegation of ministerial powers is
permissible, except when delegation is expressly disallowed, or when the acts
require the public officer to perform them in person.

VII. What is a transfer, the requirements for its validity, and consent, and is it a violation of
the security of tenure?

Transfer refers to the movement from one position to another of equivalent rank, level, or
salary without break in service involving issuance of appointment. It requires the ff. for its
validity:
1. Valid authority;
2. Consent of the transferee;
3. No diminution of rank, status and salary

Temporary transfer or assignment is permissible even without the employee’s consent,

except in cases where the transfer is:

1. A preliminary step to removal;

2. A scheme to lure the employee away from permanent position;
3. Designed to indirectly terminate services / force resignation

No it does not violate a public officer’s security of tenure. It is not considered disciplinary
when made in the interest of public service, in which case, the employee shall be informed
of the reasons therefor. Rank, status and salary remains the same.
VIII. CASE – Is a Public Officer under preventive suspension entitled to recover salary or back-
wages for the period he was suspended?

Generally, a public officer is not entitled to recover salary or back-wages for the period of
his suspension. The law provides that, any public officer against whom any criminal
prosecution under valid information is pending in court, shall be suspended from office.
Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits
under any law.

However, the law further states that if he is acquitted, he shall be entitled to reinstatement
and to the salaries and benefits which he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed against him.

What entitles him therefore, to recovery of benefits is his acquittal. If he is not acquitted, he
simply cannot recover.

IX. When is appeal available, where is the penalty of suspension appealable?

The local chief executive may impose the following penalties upon subordinate officials and
employees under his jurisdiction:
a. Removal from service;
b. Demotion in rank;
c. Suspension for not more than 1 year without pay;
d. Fine in an amount not exceeding 6 months’ salary;
e. Reprimand

If the penalty imposed is suspension without pay for not more than 30 days, his decision
shall be final.

However, if the penalty imposed is heavier than suspension of 30 days, the decision shall be
appealable to the Civil Service Commission, which shall decide the appeal within 30 days
from receipt thereof.

X. What is impeachment, and its penalties?

Impeachment has been defined as a method of national inquest into the conduct of public
men. Its purpose is to protect the people from official delinquencies or malfeasances. It is
primarily intended for the protection of the State and not for the punishment of the
offender. The penalties are incidental to the protection of the people.

Impeachable officials
a. President d. Members of the Constitutional Commissions
b. Vice-president e. Ombudsman
c. Members of the Supreme Court
 The House or Representatives has the sole power to initiate all cases of impeachment while
the Senate sits as a court for the trial of impeachment cases.

The Office of the Ombudsman is the only body authorized to investigate even officials
removable by impeachment.

No impeachment proceedings shall be initiated against the same official more than one
within a period of one year. (Constitution, Section 3(5), Article XI)

Offenses covered:
1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust

Penalties for impeachment:

a. Removal from office;
b. Disqualification to hold any office under the Republic of the Philippines;
c. Subjection and liability for criminal prosecution, trial and punishment

XI. CASE – Ombudsman directly dismisses a public official.

Dismissal was unlawful. Civil service officers and employees entitled to security of tenure, an
officer or employee in the civil service shall not be suspended or dismissed except for cause
as provided by law and only after due process is accorded.

Substantive Aspect
The phrase “for cause provided by law” means reasons which the law and sound public
policy recognizes as sufficient ground for removal and not merely causes which the
appointing power considers sufficient.

Procedural aspect
The guarantee of procedural due process requires notice and opportunity to be heard
before one is disciplined. Complaint against a civil service officer or employee must be in
writing and subscribed and sworn to by the complainant if it is to be given due course.

The Ombudsman cannot directly dismiss a public officer. They enjoy security of tenure, and
the substantive and procedural aspect must be satisfied.
XII. Decisions of the Ombudsman, where appealable, is it executory pending appeal?

The decisions of the ombudsman are appealable to the Court of Appeals under Rule 43 of
the Rules of Court. No appeal can be made directly to the SC.

Where penalty is imposed by the Ombudsman, The preventive suspension shall continue
until the case is terminated by the Office of the
Ombudsman but not more than six (6) months, without pay, except when the delay in the
disposition of the case by the Office of the Ombudsman is due to the fault, negligence or
petition of the respondent, in which case the period of such delay shall not be counted in
computing the period of suspension herein provided.