DISCIPLINARY POWER

OF THE OFFICE OF THE

PRESIDENT
 Appointive officials

Elective local officials

Sources of disciplinary power of the President
against appointive officials
Sec. 17, Art. VII of the Constitution. The
President shall have control of all the executive
departments, bureaus, and offices. He shall
ensure that the laws be faithfully executed.
Sources of disciplinary power of the
President
 This power of control includes the authority to investigate
and decide administrative complaints against officials of
the executive departments, especially those who are
presidential appointees, and, if the evidence so warrants, to
suspend or dismiss the erring official. This is based on the
principle that the power to appoint carries with it the
power to remove.
The President can, by virtue of his power of
control, review, modify, alter or nullify any
action, or decision of his subordinate in the
executive departments, bureaus or officers
under him. He can exercise this power motu
proprio without need of any appeal from any
party.
 Sources of disciplinary power of the President
against Elected officials
 Sec. 4, Art. X of the Constitution. The President of the Philippines
shall exercise general supervision over local governments.
Provinces with respect to component cities and municipalities, and
cities and municipalities with respect to component barangays
shall ensure that the acts of their component units are within the
scope of their prescribed powers and functions.
 Sources of disciplinary power of the President
against Elected officials
 Local Government Code of 1991.
 Local Government Code of 1991.
"Sec. 60. Grounds for Disciplinary Actions. - An elective local official may
be disciplined, suspended, or removed from office on any of the following
grounds:

(a) Disloyalty to the Republic of the Philippines;

(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty;
 Local Government Code of 1991.
"Sec. 60. Grounds for Disciplinary Actions. - An elective local official may
be disciplined, suspended, or removed from office on any of the following
grounds:

(d) Commission of any offense involving moral turpitude or an offense punishable by a least
prision mayor;
(e) Abuse of authority;
(f) Unauthorized absence of fifteen (15) consecutive working days, except in the case of
members of the sanggunian bayan, and sangguniang barangay;
 Local Government Code of 1991.
"Sec. 60. Grounds for Disciplinary Actions. - An elective local official may
be disciplined, suspended, or removed from office on any of the following
grounds:

(g) Application for, or acquisition of, foreign citizenship or residence or the status of an
immigrant of another country; and
(h) Such other grounds as may be provided in this Code and other laws.

An elective local official may be removed from office on the

grounds enumerated above by order of the proper court."
Disciplining authority; procedure
 The pertinent provisions of the Local Government Code provide:

"Sec. 61. Form and Filing of Administrative Complaints. - A verified complaint against any erring local
elective official shall be prepared as follows:
(a) A complaint against any elective official of a province, a highly urbanized city, an independent component
city or component city shall be filed before the Office of the President;
(b) A complaint against any elective officials of a municipality shall be filled before sangguniang
panlalawigan whose decision may be appealed to the Office of the President;
(c) A complaint against any elective barangay official shall be filled before the sangguniang panlungsod or
sagguniang bayan concerned whose decision shall be final and executory.
 The pertinent provisions of the Local Government Code provide:

Sec. 62. Notice of hearing. -

(a) Within seven (7) days after the administrative complaint is filed, the Office of the President or the
sanggunian concerned, as the case may be, shall require the respondent to submit his verified answer within
fifteen (15) days from receipt thereof, and commence the investigation of the case within ten (10) days after
receipt of such answer of the respondent.
(b) When the respondent is an elective official of a province or highly urbanized city, such hearing and
investigation shall be conducted in the place where he renders or holds office. For all other local elective
officials, the venue shall be the place where the sanggunian concerned is located.
(c) However, no investigation shall be held within ninety (90) days immediately prior to any local election,
and no preventive suspension shall be imposed within the said period. If preventive suspension has been
imposed prior to the 90-day period immediately preceding local election, it shall be deemed automatically
lifted upon the start of aforesaid period.
 The pertinent provisions of the Local Government Code provide:

Section 63. Preventive Suspension. -

(a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an elective official of a province, a highly urbanized or an independent component city;
(2) By the governor, if the respondent is an elective official of a component city or municipality; or
(3) By the mayor, if the respondent is an elective official of the barangay.
(b) Preventive suspension may be imposed at any time after the issues are joined, when the evidence of guilt is strong, and given the gravity
of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose a threat to the
safety and integrity of the records and other evidence: Provided, That, any single preventive suspension of local elective officials shall not
extend beyond sixty (60) days: Provided, further, That in the event that several administrative cases are filed against an elective official, he
cannot be preventively suspended for more than ninety (90) days within a single year on the same ground or grounds existing and known at
the time of the first suspension.
(c) Upon expiration of the preventive suspension, the suspended elective official shall be deemed reinstated in office without prejudice to
the continuation of the proceedings against him, which shall be terminated within one hundred twenty (120) days from the time he was
formally notified of the case against him. However, if the delay in the proceedings of the case is due to his fault, neglect, or request, other
than the appeal duly filed, the duration of such delay shall not be counted in computing the time of termination of the case.
(d) Any abuse of the exercise of the power of preventive suspension shall be penalized as abuse of authority.
The pertinent provisions of the Local Government Code provide:

Section 64. Salary of Respondent Pending Suspension. - The respondent official preventively suspended
from office shall receive no salary or compensation during such suspension; but upon subsequent
exoneration and reinstatement, he shall be paid full salary or compensation including such emoluments
accruing during such suspension.

Section 65. Rights of Respondent. - The respondent shall be accorded full opportunity to appear and
defend himself in person or by counsel, to confront and cross-examine the witnesses against him, and to
require the attendance of witnesses and the production of documentary process of subpoena or subpoena
duces tecum.
 The pertinent provisions of the Local Government Code provide:

Section 66. Form and Notice of Decision. -

(a) The investigation of the case shall be terminated within ninety (90) days from the start thereof. Within thirty (30) days
after the end of the investigation, the Office of the President or the sanggunian concerned shall render a decision in writing
stating clearly and distinctly the facts and the reasons for such decision. Copies of said decision shall immediately be
furnished the respondent and all interested parties.

(b) The penalty of suspension shall not exceed the unexpired term of the respondent or a period of six (6) months for every
administrative offense, nor shall said penalty be a bar to the candidacy of the respondent so suspended as long as he meets
the qualifications required for the office.

(c) The penalty of removal from office as a result of an administrative investigation shall be considered a bar to the
candidacy of the respondent for any elective position.
 The pertinent provisions of the Local Government Code provide:

Section 67. Administrative Appeals. - Decisions in administrative cases may, within thirty (30) days from
receipt thereof, be appealed to the following:
(a) The sangguniang panlalawigan, in the case of decisions of the sangguniang panlungsod of component
cities and the sangguniang bayan; and
(b) The Office of the President, in the case of decisions of the sangguniang panlalawigan and the
sangguniang panlungsod of highly urbanized cities and independent component cities.
Decisions of the Office of the President shall be final and executory.
Section 68. Execution Pending Appeal. - An appeal shall not prevent a decision from becoming final or
executory. The respondent shall be considered as having been placed under preventive suspension during
the pendency of an appeal in the event he wins such appeal. In the event the appeal results in an
exoneration, he shall be paid his salary and such other emoluments during the pendency of the appeal.
 Preventive Suspension
The provincial governor has the power to preventively suspend a municipal
mayor in an administrative case filed against him after the issues have been
joined and on any of the following grounds:
1. When there is reasonable ground to believe that the respondent has
committed the act or acts complained of;
2. When evidence of culpability is strong;
3. When the gravity of the offense so warrants; or
4. When the continuance in office of the respondent could influence the
witnesses or pose a threat to the safety and integrity of the records and
other evidence.
Effects of election or re-election on
administrative misconduct.
 Effects of election or re-election on administrative
misconduct.
Administrative offenses committed, or acts done, during previous term are generally held
not to furnish cause for removal and this is especially true where the constitution provides
that the penalty in proceedings for removal shall not extend beyond the removal from
office. The underlying theory is that each term is separate from other terms, and that the
reelection to office operates as a condonation of the officer’s previous misconduct to the
extent of cutting off the right to remove him therefore. To rule otherwise would be to
deprive the people of their right to elect their officers. When people have elected a a man
to office, it must be assumed that they did this with knowledge of his life and character,
and that they disregarded or forgave his faults or misconduct, if he had been guilty of any.
It is not for the court, by reason of such faults or misconduct to practically overrule the
will of the people. (Condonation Doctrice)
 Effects of election or re-election on administrative
misconduct.
Any pending administrative disciplinary proceeding against a respondent is
abated if in the meanwhile he is elected or reelected, because his election
results in a condonation of whatever misconduct he might have committed
during his previous term. In other words, removal cannot extend beyond the
term during while the alleged misconduct was committed. If a public official
is not removed before his term expires, he can no longer be removed if he is
thereafter reelected for another term.
 DISCIPLINARY
AUTHORITY OF THE
SUPREME COURT
 Sources of disciplinary Authority of the
Supreme Court
Sec. 6, Art. VIII. The Supreme Court shall have
administrative supervision over all courts and
the personnel thereof.
By this power vested in the Supreme Court, it can act on administrative
complaint:

The court acts as personnel administrator, imposing discipline and not as a

court judging justiciable controversies.

Administrative procedures need not strictly adhere to technical rules.

Substantial evidence is sufficient to sustain conviction.
 Grounds for disciplinary action

1. Those related to the discharge of the functions of the

office concerned; and
2. Those not related to, or connected with, the functions of
the office.
 Grounds for disciplinary action

1. Those related to the discharge of the functions of the

office concerned; and (neglect of duty, oppression,
corruption or other forms of maladministration; etc.,
conviction by final judgement is not required)
2. Those not related to, or connected with, the functions of
the office. (commission of a crime, conviction by final
judgement is required)
 Classifications of charges

Serious charges
1. Bribery, direct or indirect
2. Dishonesty and violation of R.A No. 3019
3. Gross misconduct constitution violation of the Code of
Conduct
4. Knowingly rendering an unjust judgement or order as
determined by a competent court
 Classifications of charges

5. Conviction of a crime involving moral turpitude;

6. Willful failure to pay a just debt;
7. Borrowing money or property from lawyers and
litigations in a case pending before the court;
8. Immorality;
9. Gross ignorance of the law or procedure;
 Classifications of charges

10. Partisan political activities; and

11. Alcoholism and/or vicious habits.
 Classifications of charges

Less Serious charges include;

1. Undue delay in rendering a decision or order, or in
transmitting the records of a case;
2. Frequent and unjustified absences without leave of
habitual tardiness;
3. Unauthorized practice of law;
 Classifications of charges

Less Serious charges include;

4. Violation of Supreme Court rules; directive, and circulars;
5. Receiving additional or double compensation unless
specifically authorized by law;
6. Untruthful statements in the certification of service; and
7. Simple misconduct.
 Classifications of charges

Light charges include;

1. Vulgar and unbecoming conduct;
2. Gambling in public;
3. Fraternizing with lawyers and litigants with pending
case/cases in his court; and
4. Undue delay in the submission of month reports.
 How proceeding are instituted.

Proceeding for the discipline of judges of regular and special

courts and Justices of the Court of Appeals and the Sandiganbayan
may be instituted motu proprio by the Supreme Court or upon an
anonymous complaint, supported by the public records of
indubitable integrity. The complaint shall be in writing and shall
state clearly and concisely the acts and omissions constituting
violations of standards of conduct prescribed for Judges by law,
the Rules of Courts, or the Code of Judicial Conduct.
 Action on the complaint
a) A copy of complaint (sufficient in form and substance)
shall be served upon the respondent, and he shall be
required to comment within ten (10) days from the date
of service. Otherwise, the same shall be dismissed.
b) A copy shall be served (if with merit) upon the
respondent requiring him to answer within ten days from
date of service.
 By whom complaint investigated
Upon the filing of the respondent’s comment, or upon the
expiration of the time for filing the same and unless other
pleadings or documents are required, the Court shall refer the
matter to the Office of the Court Administrator for
evaluation, report and recommendation or assign the case for
investigation, report, and recommendation to a retired
member of the Supreme Court
 By whom complaint investigated
,if the respondent is a justice of the Court of Appeals and the
Sandiganbayan, or to a Regional Trial Court or of a special
court of equivalent rank, or to a Judge of the Regional Trial
Court if the respondent is a Judge of an inferior court.
Hearing
 Report and recommendation
Within thirty (30) days from the termination of the
investigation, the investigating Justice or Judges shall submit
to the Supreme Court a report containing findings of facts
and recommendation. The report shall be accompanied by
the record containing the evidence and the pleadings filed by
the parties. The report shall be confidential and shall be for
exclusive use of the Court.
 Decision; sanction – Serious charge
1. Dismissal from the service, forfeiture of all or part of the
benefits as this Court may determine, and
disqualification from reinstatement or appointment to
any public office, including GOCC; Provided, however,
That the forfeiture of benefits shall in no case include
accrued leave credits;
2. Suspension from office without salary and other benefits
for more than 3 but not exceeding 6 months; or
 Decision; sanction – Serious charge
3. A fine of more than P20,000.00 but not exceeding
P40,000.00;
 sanction – Less Serious charge
1. Suspension from office without salary and other benefits
for not less than one nor more than three months; or
2. A fine of more then P10,000.00 but not exceeding
P20,000.00.
 Decision; sanction – Light charge
1. A fine of not less than P1,000.00 but not exceeding
P10,000.00; and/or
2. Censure;
3. Reprimand;
4. Admonition with warning.
Confidentiality of proceedings
Reinstatement of judge previously dismissed
Reinstatement of judge previously dismissed
Dismissed from service for manifestly erroneous decision in
a criminal case through gross incompetence and gross
ignorance of the law may be reinstated where there is no
clear indication that he was inspired by corrupt motives or a
reprehensible purpose to set the plainly guilty free.