Chapter 7

LIABILITY UNDER THE CIVIL CODE

1. Failure or neglect to perform official duty
-any person suffering material or moral loss because a public servant
or employee refuses or neglects, without just cause, to perform his
official duty may file and action for damages and other relief against
the latter without prejudice to any disciplinary administrative action
that may be taken.
2. Violating rights and liberties of private individuals:
-

Any public officer or employee, or any private individual, who directly

or indirectly obstructs, defeats, violates or in any manner impedes or
impairs any of the following rights and liberties of another person shall
be liable to the latter for damages. (Refer to those listed in the Bill of
Rights)

3. Failure to render aid or protection to a person

- When a member of a city or municipal police force refuses or fails to
render aid or protection to any person in case of danger to life or
property, such peace officer shall be primarily liable for damages,
and the city or municipality shall be subsidiarily responsible
therefor. The civil action herein recognized shall be independent of
any criminal proceedings, and a preponderance of evidence shall
suffice to support such action.
(cases here)
LIABILITY ON
GOVERNMENT.

CONTRACTS

EXECUTED

IN

BEHALF

OF

THE

Gr: A public officer acting within the scope of his authority and in his
official capacity is not personally liable on contracts executed in behalf of the
government. In the absence of showing to the contrary, it is presumed that
the officer does not intend to render himself liable as to contracts and
engagements fairly within the scope of his authority. But one who executes
an unambiguous personal undertaking which makes no mention of the public
agency he serves, or does not indicate that it is executed in an official
capacity, may not escape liability by claiming that the public agency was the
real principal.
LIABILITY FOR UNEXPLAINED WEALTH
1. RA 1379 (Forfeiture of Unexplained Wealth Act) declares the forfeiture
in favor of the state of any property found to have been unlawfully
acquired by any public official or employee.

2. RA 3019 (Anti-Graft and Corrupt Practices Act) penalizes certain acts

of public officers and private persons alike which constitutes graft or
corrupt practices of which may lead thereto.
(Some cases here)
LIABILITY OF ACCOUNTABLE OFFICERS TO THEE GOVERNMENT
1. Bond requirement
-every accountable officer shall be properly bonded in accordance with
law.
2. Primary and Secondary responsibility
- Head of any agency- Immediately and Primary responsible for all
government funds and property pertaining to his agency.
- Persons entrusted with the possession or custody of funds or
property under the agency head shall be immediately responsible
for him, without prejudice to the liability of either party to the
government.
3. General liability for unlawful expenditures
- Expenditures of govt funds or uses of govt property in violation of
law or regulations shall be a personal liability of the official or
employee found to be directly responsible therefor.
4. Measure of liability of accountable officers
- Govt property- liable for its money value in case of improper or
unauthorized use or misapplication thereof, by himself or any
person whose acts he may be responsible. Likewise liable for all
losses, damages, deterioration occasioned by negligence in the
keeping or use of the property whether or not it be at the time in his
actual custody.
- Govt funds- shall be liable for all losses resulting from unlawful
deposit, use or application thereof and for all losses attributable to
negligence in the keeping of the funds.
5. Liability for acts done by direction of superior officer
- No accountable officer shall be relieved from liability by reason of
his having acted under the direction of a superior officer paying out,
applying, or disposing of the funds or property with which he is
chargeable, unless prior to that act, he notified the superior officer
in writing of the illegality of the payment, application, or disposition.
The officer directing any illegal payment or disposition of the funds
or property shall be primarily liable for the loss, while the
accountable officer who fails to serve the required notice shall be
secondarily liable.
(Some cases here)
CRIMINAL LIABILITY

Gr: No public officer, however high his position, is above the law; all may be
punished for criminal acts. The mere fact that an officer is acting in an official
capacity will not relieve him from criminal liability.
1. Specific statutory Provisions to be Felonies and Misdemeanors for
which an officer may be prosecuted criminally:
- Furnishing grounds for DQ for holding office
- Suspension or removal from office
- Abuse or wrongful usurpation of authority
2. Pub Off may not be held criminally liable for failure to perform a duty
commanded by law when, for causes beyond their control,
performance is impossible. Note: Absence of Corrupt Intent- not a
defense to an action against PO for statutory penalty for misconduct
such as taking illegal fees, or for willful failure or refusal to perform a
mandatory ministerial duty.
3. Mere expiration of his term of office will not prevent the prosecution
and punishment of a PO for a misdemeanor committed in office, nor
does re-election of a Public Official extinguish the criminal liability
incurred by him during his previous term of office.
CRIMES PECULIAR TO CERTAIN PUBLIC OFFICERS
PO are subject to liability for violation of particular laws regulating the
conduct of their offices.
1. RPC
- Malfeasance and misfeasance in office (eg. Malicious delay in the
administration of justice or bribery)
- Frauds and illegal exactions and transactions
- Malversation of public funds or property
- Infidelity of public officers
- Other offenses and irregularities committed by public officers which
include disobedience, refusal of assistance, maltreatment of
prisoners, anticipation, prolongation and abandonment of the duties
and powers of public office, usurpation of powers and unlawful
appointments.
2. Anti-Graft and Corrupt Practices Act
3. Code of Conduct and Ethical Standards
4. Forfeiture of Unexplained Wealth Act
5. Civil Service Decree
6. Government Auditing Code
7. Local Government Code
8. National Internal Revenue Code
9. Omnibus Election Code