GROUP I

1. How is public office created?

A public office may be created by the Constitution, by law, or by authority of law.
2. Define public office.
It refers to 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 the government, to be exercised by that individual for
the benefit of the public.
3. Explain Ad interim appointment by the President
Section 16, last par., Art VII of the Constitution provides:
The President shall have the power to make appointments during the recess of the Congress,
whether voluntary or compulsory, but such appointments shall be effective only until disapproval by the
Commission on Appointments or until the next adjournment of the Congress.
4. Define appointment as stated in the case of Binamira v Garrucho .
Appointment is one of the means by which a person may claim a right to a public office. The term
appointment means the selection by the authority vested with the power of an individual who is to
exercise the functions of a given office. (Binamira v. Garrucho, 188 SCRA 154, 1990)
5. Who has the authority to prescribe disqualifications for public office?
Legislature has the right to prescribe disqualifications in the same manner as it can prescribe
qualifications.
6. What is the effect if a person does not possess the qualifications for public?
His appointment or election to public office is NULL AND VOID.
7. Distinguish appointment from designation.
Appointment is the selection by the proper authority of an individual who is to exercise the
functions of a given office, designation, on the other hand, connotes merely the imposition of
additional duties, usually by law, upon a person who is already in the public service by virtue of an
earlier appointment or election.
Appointment connotes permanency while designation implies temporariness.
8. What are the three classifications of officers and state their respective functions
briefly.
a. EXECUTIVE - tasked with execution and enforcement of laws
b. LEGISLATIVE - primary function is to enact laws or ordinances.
c. JUDICIARY - exercise judicial power
9. What is not covered by Civil Service Law?
Not covered by the civil service law are government and controlled corporations organized under

the Corporation Code because they are covered under the Labor Code. Those with original
charters (by direct legislative creation), are covered by the civil service laws. (Gamogamo v.
PNOC Shipping and Transit Corporation, 381 SCRA 742)
10. What are the qualifications to be a Chief Justice or be a member of the Supreme
Court?
(Art. VIII. Sec 7 Philippine Constitution)
- Must be a natural-born citizen
- Must be at least 40 years of age
- Must have been for 15 years or more as a judge of a lower court, or, engaged in the
practice of law in the Philippines
- Must be a person of proven competence, integrity, probity, and independence

GROUP 2
1.
Characterize how public officials and employees should perform their duties and
responsibilities in the Office. Cite with legal basis.
As provided for under Section 1, Article XI of the 1987 Constitution, public office is a public trust.
Public officers 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. Further,
Section 4, RA 6713 set forth the Norms of Conduct of Public Officials and Employees which includes
commitment to public interest, professionalism, justness and sincerity, political neutrality, responsiveness to
the public, nationalism and patriotism, commitment to democracy and simple living. All those in the
government service must uphold to their heart's passion these values which are considered as touchstone
of a good government.
2. Give at least five (5) restrictions on the acts of public officials and employees in order not
to compromise his position as public official. Cite legal basis.
A public official should see to it that his private activity does not interfere with his official functions.
Hereunder are the prohibited acts and transactions or restrictions set by the Government to regulate the
acts of public officials and employees in the discharge of their official functions as mandated by the 1987
Constitution and other existing laws such as RA 6713 Code of Conduct of Public Officials and
Employees, BP Blg. 881 Omnibus Election Code, CSC Memorandum No. 6 dated April 21, 1987
prohibition against engaging in strike, RA 7160 Local Government Code and Administrative Code of
1987. As provided for under the said laws, public officials and employees SHALL NOT:
a.
Have financial and material interest in any transaction requiring the approval of their office;
b.
Engage in the private practice of their profession unless authorized by the Constitution or
by law;
c.
Own, control or manage or accept employment in any private enterprise regulate,
supervised or licensed by their office unless expressly allowed by law;

d.
Recommend any person to any position in a private enterprise which has a regular or
pending transaction with their office.
e.
Use or divulge confidential or classified information officially known to them by reason of
their office;
f.
Solicit or accept directly or indirectly any gift, gratuity, favor, entertainment, loan or anything
of monetary value from any person in the course of their official duties;
g.
Except those holding political offices, engage directly or indirectly in any electioneering or
partisan political activity except to vote or to preserve public order if he is a peace officer;
h.
Resort to strikes, demonstrations, mass leaves, walk-outs and other forms of mass actions
which will result in temporary stoppage or disruption of public service;
i.
Hold any other office or employment in the government unless allowed by law or by the
primary functions of his position;
j.
Engage directly in any private business, vocation or profession or be connected with any
commercial credit, agricultural or industrial undertaking without a written permission from the head of the
department or agency;
3. Give at least 5 powers and functions of the CSC as mandated under Admin Code of 1987.
a. Administer and enforce the constitutional and statutory provisions on merit system for all levels
and ranks in the civil service;
b. Prescribe, amend and enforce rules and regulations for carrying into effect the provisions of the
Civil Service Law and other pertinent laws;
c. Promulgate policies, standards and guidelines for the Civil Service and adopt plans and
programs to promote economical, efficient and effective personnel administration in the government
d. Formulate policies and regulations for the administration, maintenance, and implementation of
position classification and compensation and set standards for the establishment, allocation and reallocation of pay scales, classes and positions;
e. Render opinions and rulings on all personnel and other civil service matters which shall be
binding on all heads of departments, offices and agencies and which maybe brought to the Supreme Court
on certiorari;
f. Appoint and discipline its officials and employees in accordance with law and exercise control
and supervision over the activities of the Commission;
g. Control, supervise and coordinate civil service examination. Any entity or official in government
may be called upon by the Commission to assist in the preparation and conduct of said examinations
including security, use of buildings and facilities as well as personnel and transportation of examination
materials which are exempt from inspection regulations;
h. Prescribe all forms for civil service examinations, appointments, reports and such other forms
as may be required by law, rules and regulations;
i. Declare positions in the civil service as may properly be primarily confidential, highly technical or
policy determining;
j. Formulate, administer and evaluate programs relative to the development and retention of
qualified and competent work force in the public service;
k. Hear and decide administrative cases instituted by or brought before it directly or on appeal,
including contested appointments, and review decisions and actions of its offices and of the agencies
attached to it. Officials and employees who fail to comply with such decisions, orders or ruling shall be
liable for contempt of the Commission. Its decision, orders, or rulings may be brought to the Court of

Appeals on petition for review by the aggrieved party within fifteen days from receipt of a copy thereof;
l. Issue subpoena and subpoena duces tecum for the production of documents and records
pertinent to investigations and inquiries conducted by it in accordance with its authority conferred by the
Constitution and pertinent laws;
m. Advise the President on all matters involving personnel management in the government service
and submit to the President an annual report on the personnel programs;
n. Take appropriate action on all appointments and other personnel matters in the civil service
including extensions of service beyond retirement age;
o. Inspect and audit the personnel actions and programs of the departments, agencies, bureaus,
offices, local government units and other instrumentalities of the government including GOCCs; conduct
periodic review of the decisions and actions of offices or officials to whom authority has been delegated by
the Commission as well as the conduct of the officials and the employees in these offices and apply
appropriate sanctions when necessary;
p. Delegate authority for the performance of any function to departments, agencies and offices
where such functions may be effectively performed;
q. Administer the retirement program for government officials and employees, accredit government
services and evaluate qualifications for retirement;
r. Keep and maintain personnel records of all officials and employees in the civil service; and
s. Perform all functions properly belonging to a central personnel agency and such other functions
as may be provided by law.
4. What are the three (3) levels of positions in the career service?
The three (3) levels of positions in the career service, namely:
a. The first level, which includes clerical, trades, crafts and custodial service positions involving
non-professional or sub-professional work in a non-supervisory or supercisory capacity
requiring less than 4 years of collegiate studies;
b. The second level, which includes professional, technical or scientific positions involving
professional, technical and scientific work in a non-supervisory or supervisory capacity
requiring at least four years of college work up to division chief level; and
c. The third level, which includes positions in the career executive service. Position in the career
executive service consist of undersecretary, asst secretary, bureau director, asst bureau
director, regional director, asst regional director, chief of department service and other officers
of equivalent rank as maybe identified by the Career Executive Service Board all of which are
appointed by the President.
5. Differentiate term from tenure
Term

- a permanent appointment carries a term;

- fixed and definite period of time which the law prescribes that an officer may hold an
office;
- The period during which an office may be held;
- Fixed by the Constitution or by law during which an officer or employee claims to hold
office as of right, and fixes the interval after which the several incumbents shall
succeed one another

Tenure - represents the period during which incumbent actually holds the office, which may be
shorter than the term;
- Temporary appointment implies a mere tenure;
- Limited to a period specified by law, or is coterminous with that of the appointing
authority or subject to his pleasure, or is limited to the duration of a particular project
for which purpose employment is made
6. What are the different personnel action amounting to legal removal?
a. extending temporary appointment;
b. transfer or re-assignment;
c. detail;
d. shortening term is removal;
e. control does not extend to removal;
f. demotion
g. denial of optional retirement and refusal to reinstate

7. What is security of tenure? Discuss the constitutional guarantee that suspension or dismissal of
a public officer or employee be made only for cause provided by law in Echeve v. Court of Appeal
(198 SCRA 577, 582 [1991])
Security of tenure means that no officer or employee in the civil service shall be suspended or
dismissed except for cause provided by law and after due process or after he shall have been given the
opportunity to defend himself.
In Echeve vs Court of Appeal, the Supreme Court enunciated that for cause provided by law
means that the dismissal for cause does not necessarily mean that the dismissed
Officer or employee must be charged in court or administratively and must be given his day in court or
afforded due process of law. Dismissal for cause implies that there is reasonable ground provided by law
to justify the dismissal of an employee or officer.
8. What is disciplinary action?
A disciplinary action is a proceeding which seeks the imposition of disciplinary sanction against, or
the dismissal or suspension of, a public officer or employee on any of the grounds prescribed by law after
due hearing.
9. Distinguish dismissal from suspension.
Dismissal means the ouster of the incumbent before the expiration of his term. Suspension means
a qualified expulsion; a temporary withdrawal or separation.

A dismissal or suspension for a cause not provided by law or without due notice or hearing is
illegal as violative of the security of tenure provision of the constitution.
10. What are the 8 norms of conduct for public officials and employees as mandated under RA
6713.
a.
b.
c.
d.
e.
f.
g.
h.

Commitment to public interest

Professionalism
Justness and sincerity
Responsiveness to the public
Political neutrality
Nationalism and Patriotism
Commitment to democracy
Simple living

GROUP 3 Questions:
1.What are the grounds for suspension or dismissial of public officer
-

Those related to the discharge of the functions of office concerned, such as neglect of duty,
oppression, corruption, or other forms of maladministration

This not related to, or connected with, functions of the office, such as commission of crime.

2. Explain the concept of Official Immunity. What are the instances when the defense of immunity
from suit or official immunity cannot be invoked by public officers.
- when the officers exceeds his scope of authority
- when relief demanded by suit require no affirmative official action on the part of the state or
affirmative discharge of any obligation which belong to the state in its political capacity.
3. What is the general rule on Liability of public officers as provided for under the 1987 Administrative code
governing the General principles of Public Officers?
- Under the General Rule Governing the Public Officers ,A public officer is not liable for
injuries sustained by another as a consequence of official acts done within the scope of his official authority,
except as otherwise provided by law. On the other hand, Subordinates is Liable for willful or negligent acts
done by him which are contrary to morals, law, public policy and good customs EVEN if he acted under
instructions of his superiors.
4. In what instances can the tenure of office be cut short?
1. Forfeiture of his seat by holding any other office or employment in the Government.
2. Voluntary renunciation of office.
3. Expulsion as disciplinary action for disorderly behavior.
4. Disqualification as determined by resolution of the electoral tribunal.
5. Give at least 3 criminal liabilities peculiar to public officers and employees. Explain each.
Answer: Provided for in the Revised Penal Code Articles 204-245.

6. Is there an instance wherein the Office of the Ombudsman can investigate officials removable only
by impeachment?
The Office of the Ombudsman shall have the power to investigate any serious misconduct in the office
allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint for
impeachment if warranted.
7. When may the Ombudsman opt for an outright dismissal of a complaint under RA 6770, Section
20?
The Ombudsman or the Deputy Ombudsman concerned may order the outright dismissal of a complaint and
opt not to conduct the necessary investigation of any administrative act or omission complained of if it
believes that:
*the complainant has an adequate remedy in another judicial or quasi-judicial body;
*the complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman;
*the complaint is trivial, frivolous, vexatious or made in bad faith;
*the complainant has no sufficient personal interest in the subject matter of the grievance; or
*the complaint was filed after one(1) year from the occurrence of the act or omission complained of.
8.
Can the Ombudsman preventively suspend a respondent to a case?
Yes, the Ombudsman or his Deputy may preventively suspend any officer or employee under his
authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the
charge against such officer or employee involves dishonesty, oppression or grave misconduct or
gross neglect in the performance of duty; (b) the charges would warrant removal from service; or
(c) the respondents continued stay in office may prejudice the case filed against him.
9.
How is law on removal or suspension construed?
The authority in whom such power of suspension or removal is vested, must exercise it with
utmost good faith. Where the disciplining authority is given only the power to suspend and not
the power to remove, it should not be permitted to manipulate the law by usurping the power to
remove by arbitrarily exercising the power to suspend in a manner that results in the removal of
an elected official from office.
10.
Can the Supreme Court review or substitute the decision of the House?
The Doctrine on the Separation of Powers constrains the Supreme Court from reviewing and
questioning the decisions of the House as to the penalty imposed to the erring member. However,
in the case of Santiago v. Sandiganbayan, it said: The action of the House as to suspending the
erring member, may not be reviewed by the Supreme Court, nor may the latter substitute its own
judgment over that of the House, except where there is showing of a clear disregard of a specific
constitutional precept or provision that can unbolt the steel door for judicial intervention.