WHO IS A PUBLIC OFFICER?

"Public Officials"
includes elective and appointive officials and employees, permanent or temporary,
whether in the career or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount.
Section 2, RA 6173

(b) "Public officer" includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exempt service
receiving compensation, even nominal, from the government as defined in the
preceding subparagraph.

Section 2(b), RA 3019

“Public office is a public trust. All government
officials and employees must at all times be
accountable to the people, serve them with utmost
responsibility, integrity, loyalty and efficiency act
with patriotism and justice, and lead modest lives.”
(City Mayor of Zamboanga vs. Court of Appeals and
Eustaquio Argana)
RA 6713 - Code of Conduct and ethical standards for public officials and
employees
“It is the policy of the State to promote high standards of ethics
in public service. Public officials and employees shall at all
times be accountable to the people and shall discharge their
duties with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives, and
uphold public interest over personal interest.
‐ it encompasses the ethical norm/standard on how
accountability in the service shall be measured.
(Sec. 1, RA 6713)
 NORMS OF CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES

1. Commitment to public interest - shall always uphold the public interest over and
above personal interest

2. Professionalism - shall perform and discharge their duties with the highest degree of
excellence, professionalism, intelligence and skill.

3. Justness and Sincerity - Public officials and employees shall remain true to the people
at all times. They must act with justness and sincerity and shall not discriminate
against anyone, especially the poor and the underprivileged.

4. Political Neutrality - Public officials and employees shall provide service to everyone
without unfair discrimination and regardless of party affiliation or preference.
 NORMS OF CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES
5. Responsiveness to the Public - Public officials and employees shall extend prompt, courteous, and
adequate service to the public.

6. Nationalism and Patriotism - Public officials and employees shall at all times be loyal to the
Republic and to the Filipino people, promote the use of locally produced goods, resources and
technology and encourage appreciation and pride of country and people.

7. Commitment to Democracy - Public officials and employees shall commit themselves to the
democratic way of life and values, maintain the principle of public accountability, and manifest by
deeds the supremacy of civilian authority over the military.

8. Simple Living - Public officials and employees and their families shall lead modest lives appropriate
to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in
any form.
 CONSEQUENCES – ACTS GIVING RISE TO LIABILITY OF PUBLIC OFFICER

Malfeasance- “Commission of an Unlawful Act”

performance of some act which ought not to be done.
Misfeasance- “Improper performance of some lawful act”
improper performance of some act which might lawfully be
done,
Nonfeasance- “Failure or Omission to perform some act.”
omission of some act which ought to be performed.
 THREE FOLD LIABILITY OF PUBLIC OFFICERS
The "threefold liability rule" holds that the wrongful acts or omissions of
a public officer may give rise to civil, criminal and administrative
liability.35 This simply means that a public officer may be held civilly,
criminally, and administratively liable for a wrongful doing. Thus, if
such violation or wrongful act results in damages to an individual, the
public officer may be held civilly liable to reimburse the injured party. If
the law violated attaches a penal sanction, the erring officer may also be
punished criminally. Finally, such violation may also lead to suspension,
removal from office, or other administrative sanctions.
[Ramiscal vs. Commission on Audit, G.R. No. 213716, October 10, 2017]
ADMINISTRATIVE LIABILITY
• Administrative Code of the Philippines (EO
292)
• DepEd Order No. 49, s. 2006 REVISED RULES
OF PROCEDURE OF THE DEPARTMENT OF EDUCATION
IN ADMINISTRATIVE CASES
• 2017 Rules on Administrative Cases in the Civil
Service
• Special laws (RA 6713, RA 3019 etc.)
ADMINISTRATIVE LIABILITY

• Dishonesty –concealment or distortion of

truth, which shows lack of integrity or a
disposition to defraud, cheat, deceive or
betray and an intent to violate the truth
Illustrative cases on dishonesty
1. fake/spurious civil service eligibility
2. Suppression of a material fact in PDS
3. Deliberate false certification-receipt of RATA.
4. Attesting a spurious resolution and confirming that a session
took place
5. Falsifying entries in DTR
6. Fraudulently and unlawfully falsified the official receipt.
7. Fraudulent preparation of certificate of appearance for
preparation of the vouchers for refund of their expenses
Classification of Dishonesty:

A. Serious Dishonesty –punished by dismissal from the service

B. Less Serious Dishonesty –punishable by suspension from six (6)
months and one (1) year for the first offense and dismissal from
the service for the second offense.
C. Simple Dishonesty –punishable by suspension of one (1) month
and one (1) day to six (6) months for the first offense; six (6) and one
(1) day to one (1) year suspension for the second offense; and
dismissal from the service for the third offense.
NEGLECT OF DUTY

“Negligence is the omission or refusal,

Without sufficient causes, to perform an
Act or duty, which is the officer’s legal
Obligation to perform.
Simple neglect of duty is defined as the failure to give proper attention to
a task expected of an employee resulting from either carelessness or indifference.
(Rodriguez-Angat vs. GSIS, GR No. 204738, July 29, 2015)
- Breach of duty or failure to perform the obligation

Gross neglect of duty refers to negligence characterized by the want of

even slight care, or by acting or omitting to act in a situation where there is a duty to
act, not inadvertently but wilfully and intentionally, with a conscious indifference to
the consequences, insofar as other persons may be affected. (A.M. No. 17-01-04-SC,
February 7, 2017)
1. Escape of prisoners
2. Leaving his post as EO & Chairman of the
MBC
3.Failure to escort the prisoners back to the
Maximum Security Compound.
4. Checks are encashed by persons other than
payee.
MISCONDUCT
MISCONDUCT - Misconduct is intentional wrongdoing or deliberate violation of a
rule of law or standard of behavior.; In grave misconduct, as distinguished from
simple misconduct, the elements of corruption, clear intent to violate the law, or
flagrant disregard of an established rule must be manifest.16
1. Sexual harassment.,
2. Provincial Warden fired his handgun at an innocent person
3. 3. Unauthorized release of checks. (Calica, Angeleo, CSC Res. 98-0943)
4. Teacher who pickpocketed from the uniforms of her
students, exacting money from them in the guise of
contributions. ( Castillo, Violeta V., CSC res. 98-0774)
FALSIFICATION OF OFFICIAL DOCUMENT
- Is the misrepresentation of a thing, fact Or
condition, certifying that a thing is true when it is
not, whether one has the right To make the
representation or certificate.
1. Altered the transcript of records to make it appear that she
finished BEED.
(Baraguir, Sultaporma U. CSC Res. No 99-1372)

2. Submitting a fake PBET eligibility

(Quitor, Rolando A. CSC res. No 98-1749)
CONDUCT PREJUDICIAL TO THE BEST
INTEREST OF THE SERVICE

• Largo vs. CA, G.R No. 177244, Nov. 20, 2002

• need not be related or connected to the
public officers official functions. As long as
the questioned conduct tarnished the image
and integrity of his/her public office.
• Misappropriation of public funds
• Abandonment of office
• Failure to report back to work without prior
notice
• Failure to safe keep public records and property
• making false in public documents and faslsification
• of court orders.
• Violation of “No Collection Policy”
 CRIMINAL LIABILITIES
1.REVISED PENAL CODE
2.RA 3019 – ANTI GRAFT AND CORRUPT
PRACTICES ACT
3.RA 6713
4.Other special laws
a. BRIBERY - is the act of offering, giving, receiving or soliciting of any thing
of value to influence action of an official or in the discharge of legal or
public duty.
DIRECT, INDIRECT or QUALIFIED

b. MALVERSATION - The act of appropriating or misappropriating public

funds or property for personal gain.

c. TECHNICAL MALVERSATION – the public officer applies the same to a

public use other than for which such fund or property has been
appropriated by law or ordinance.
a. BRIBERY –
shall suffer the penalty of prison mayor (6 years and 1 day to 12 years) in
its medium and maximum periods and a fine of not less than the value of
the gift and not less than three times the value of the gift in addition of
the penalty corresponding to the crime agreed upon, if the same shall
have been committed.

INDIRECT BRIBERY – the penalties of prison correctional (6 mos to 6years)

in its medium and maximum periods, public censure

QUALIFIED BRIBERY – reclusion perpetua (20 years and 1 day to 40 years)

and/or death in consideration
MALVERSATION
a. Prison correcional,med and max (6 mos to 6years), if the malversed
amount does not exceed P40,000;
b. Prison mayor (6 years and 1 day to 12 years) – not exceed
P1,200,000.00
c. Prison mayor to reclusion temporal (6 years and 1 day to 20 years) –
not exceed 2,400,000.00
d. Reclusion temporal, med and max (12 years 1 day to 20 years – 2.4 M
to 4.4M
e. Reclusion temporal max – 4.4M to 8.8M
d. FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE
(ARTICLE 171)

1. Falsification of school records

2. Tampering of dtr
3. Tampering of payslip

Penalty: prison mayor (6 years and 1 day to 12 years ) and fine

RA 3019 – ANTI- GRAFT AND CORRUPT PRACTICES ACT
Statement of Policy – It is the policy of the Philippine Government, in line with the
principle that a public office is a public trust, to repress certain acts of public officers
and private persons alike which constitute graft or corrupt practices or which may
lead thereto.

RA 3019 was enacted to promote morality in public

service, to deter public officials and employees from
committing acts of dishonesty and improve the tone of
morality in public service {Morfe vs. Mutuc)
RA 3019 – ANTI- GRAFT AND CORRUPT PRACTICES ACT
Illustrative cases:
1. Police officers who received gifts and bribes
2. Acceptance of proceeds from the illegal numbers game (jueteng) and ownership
of huge amounts of money (Erap Estrada case)
3. A public officer who acted as a dummy and facilitated the procurement of loan
agreement to the prejudice of the government
4. Extending loan to a company which did not provide sufficient collateral and/or
requirements
5. Granting projects by reason of one’s financial and pecuniary interest
6. Principals who entered into a contract of lease with simulated amount (Omb vs.
Dionisio and Molina)
Penalties:
Any public officer or private person committing any of the unlawful
acts or omissions enumerated in Sections 3, 4,5 and 6 of this Act
shall be punished with imprisonment for not less than one year nor
more than ten years, perpetual disqualification from public office,
and confiscation or forfeiture in favor of the Government of any
prohibited interest and unexplained wealth manifestly out of
proportion to his salary and other lawful income.
RA 6713 - Code of Conduct and ethical standards
for public officials and employees
Violations of Sections 7, 8 or 9 of this Act shall be punishable with
imprisonment not exceeding five (5) years, or a fine not exceeding five
thousand pesos (P5,000), or both, and, in the discretion of the court of
competent jurisdiction, disqualification to hold public office.

Section 7. Prohibited Acts and Transactions.- financial and material interest,

solicitation or acceptance of gifts et.al
Section 8. Statements and Disclosure. Ex. SALN
Section 9. Divestment. – conflict of interest