Contents

Meaning of Public Office .................................................................................................. 3

Public office as a public trust .......................................................................................... 3
Public Office not public property .................................................................................... 3
Creation, modification, abolition ..................................................................................... 3
Ministerial; discretionary ................................................................................................. 4
Prescription of qualifications .......................................................................................... 4
Impeachment ..................................................................................................................... 4
Previous tenure as disqualification ................................................................................ 5
Prohibition on consecutive terms ................................................................................... 5
Civil Liberties Union v. Executive Secretary .................................................................. 5
Sec. 13, Art. VII Exceptions, as provided in the constitution itself .............................. 6
Nepotism ............................................................................................................................ 6
Political Lame Ducks ........................................................................................................ 7
Disqualifications under the LGC; Omnibus Election Code .......................................... 8
Newly created office; emoluments increased by Congress ......................................... 9
Completeness of appointment ........................................................................................ 9
Confirmation or attestation by CSC ................................................................................ 9
Approval by CSC of appointments in the Civil Service .............................................. 10
Grounds for recall of appointment by CSC .................................................................. 10
Midnight appointments .................................................................................................. 10
Appointments during 45-day period before an election [30 days special election] 11
Appointments requiring JBC Nomination .................................................................... 11
No reappointment, appoitnment in temporary, acting capacity ................................ 12
Compulsory acceptance of public office ...................................................................... 12
Appointments made by the President .......................................................................... 12
Appointments requiring CA confirmation [first group]............................................... 12
Appointments by other officials .................................................................................... 13
Ad intermin appointments ............................................................................................. 13
Designation ...................................................................................................................... 13
Scope of Civil Service .................................................................................................... 14
Appointments in the Civil Service ................................................................................. 14
Confidential employees .................................................................................................. 14
Levels of positions in the Career Service .................................................................... 14
Career, non-career v. Sec.2.2, Art. IXB ......................................................................... 15
Security of Tenure in the Career Executive Service .................................................... 15
De Facto Officer .............................................................................................................. 15
Legal effects of the acts of a de facto officer ............................................................... 16
Scope of duties of public officers ................................................................................. 16
Nature of Temporary Appointments ............................................................................. 16
Financial Disclosure ....................................................................................................... 17
Salary Standardization ................................................................................................... 17
Salary of Ex Officio officer ............................................................................................. 18
Salary of a de facto officer ............................................................................................. 18
Increase/decrease in salary ........................................................................................... 18
Additional, double, indirect compensation .................................................................. 19
Parliamentary immunity ................................................................................................. 19
Detail ................................................................................................................................ 19
Next-in-rank rule.............................................................................................................. 20
Automatic reversion ....................................................................................................... 20
Prohibition against grant of loan ................................................................................... 21
Corrupt practices ............................................................................................................ 21
Solicitation/acceptance of gifts ..................................................................................... 23
Divestment ....................................................................................................................... 23
Conflict of Interest .......................................................................................................... 23

1
Civil Liability of Public Officers ..................................................................................... 23
Criminal Liability of Heads of Offices ........................................................................... 24
Appeals in Civil Service Admin Cases.......................................................................... 24
Negligence of Subordinates .......................................................................................... 24
Forgiveness and Condonation ...................................................................................... 24
Effect of Pardon .............................................................................................................. 24
Hold-over ......................................................................................................................... 25
Tender of resignation ..................................................................................................... 25
Tender of resignation of local elective officials ........................................................... 25
Leave of absence of local elective officials ................................................................. 26
Grounds for Disciplinary Action [Civil Service not exhaustive; for comparison only]
.......................................................................................................................................... 26
Where to file admin complaints against local elective officials ................................. 27
Preventive Suspension .................................................................................................. 28
Summary of Qualifications ............................................................................................ 29
Multiple Offices ............................................................................................................... 36
Practice of Profession .................................................................................................... 37
Financial Interest............................................................................................................. 40

2
Meaning of Public Office

A pubic office is 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 appointing power, an individual is invested with some portion of the
sovereign functions of government, to be exercised by him for the benefit of
the public

Public office as a public trust

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. [SEC. 1, ART. IX, CONSTI]

Every public servant must uphold public interest over his or her personal
interest. [SEC. 2, RA 6713]

Public Office not public property

1. The constitutional principle of a public office as a public trust precludes

any proprietary claim to public office.
2. Holder is subject to removal or suspension according to law. Also, the
holder acquires no vested right in the office.
3. But the holder has a right in the nature of privilege entitled to protection.

Creation, modification, abolition

1. It is essentially legislative, subject only to the provisions of the

Constitution.
2. Under the Administrative Code, the President, subject to the policy of the
Executive Office and in order to achieve simplicity, economy and
efficiency, shall have the continuing authority to reorganize the
administrative structure of the Office of the President.

3
Ministerial; discretionary

MINISTERIAL DISCRETIONARY

performed by a person in a given state of may be performed or a question may be

facts in a prescribed manner in obedience
to the mandate of legal authority, without
regard to or the exercise of judgment as to
the propriety of the act being done.
decided in one of two or more ways, either
of which would still be lawful or right and
where it is left to the will or judgment of the
performer to determine in which way it will
be performed.

Prescription of qualifications

1. In the absence of constitutional inhibition, Congress has the plenary

right to prescribe qualifications.
2. The qualifications must not be too detailed as to practically amount to
makin an appointment, which is an executive function and not legislative
3. As a rule, Constitutional criteria are exclusive. There are certain offices,
however, where the Constitution allows Congress to add/subtract
qualifications.
a. Terms of office and other qualifications and disqualifications of the
members of the CHR shall be provided by law [SEC. 17(2), ART. XIII,
CONSTI]
b. Members of the Central Bank shall also be subject to such other
qualifications and disabilities as may be prescribed by law. [SEC. 20,
ART. XII, CONSTI]
4. Property qualifications are inconsistent with the essence and nature of
the republican system ordained in our Constitution and the principles of
social justice underlying the same.
5. No religious test shall be required for the exercise of civil or political
rights. [SEC. 5, ART. III, CONSTI]

Impeachment

The following are the only impeachable officers:

1. President
2. Vice-President
3. Members of the Constitutional Commissions
4. the Ombudsman
Grounds for impeachment:

4
 1. culpable violation of the Constitution
2. treason, bribery and corruption
3. other high crimes
4. betrayal of public trust

Previous tenure as disqualification

1. The President is not elgible for any re-election

2. A person who has succeeded as President is disqualified only if he has
served as such for more than 4 years
3. Chairmen and the CSC, COMELEC, COA, and the Ombudsman and his
Deputies arre appointed by the President without reappointment.
4. The Ombudsman and his Deputies shall not be qualified to run for any
office in the election immediately succeeding their cesstion from office.

Prohibition on consecutive terms

1. VP shall not serve for more than 2 successive terms

2. A Senator shall not serve for more than 2 successive terms
3. A member of the HOR shall not serve for more than 3 consecutive terms
4. Local elective officials, except barangay officials, shall serve for more
than 3 consecutive terms

Civil Liberties Union v. Executive Secretary

SEC. 7, ART. IX-B, CONSTI generally prohibits appointive public officials

from holding multiple offices or employment in the government unless they
are otherwise allowed by law or the primary functions of their position.

This provision does not cover the President, Vice-President, and Members
of the Cabinet, their deputies and assistants. They are subject to a stricter
prohibition under SEC. 13, ART. VII, CONSTI. To apply the exceptions in
SEC. 7, ART. IX-B, CONSTI to SEC 13, ART. VII, CONSTI would obliterate
the distinction set by the framers of the Constitution.

However, public officials holding positions without additional compensation

in ex-officio capacities as provided by law and as required by their offices
primary functions are not covered by the prohibition under SEC 13, ART.
VII, CONSTI.

5
Sec. 13, Art. VII Exceptions, as provided in the constitution itself

1. Vice-President may be appointed as member of the Cabinet without

need of the confirmation by the CA [SEC. 3, ART. VIII, CONSTI]
2. NEDA shall be headed by the President [SEC. 9, ART. XII, CONSTI]
3. Sec. of Justice a member of the JBC

Nepotism

Appointment in favor of a relative of:

1. the appointing or recommending authority
2. chief of the bureau or office
3. persons exercising immediate supervision over him

Relatives are those related within the the third degree of consanguinity or
of affinity.

The following are exempted:

1. persons employed in a confidential capacity
2. teachers
3. physicians
4. members of the Armed Forces

In each particular instance, full report of such appointment shall be made to

the Comission.

Also exempted is the case of a member of any family who, after his
appointment to any position in an office or bureau contracts marriage with
someone in the same bureau. However, a spouse who happens to be an
appointing authority cannot extend a promotional appointment to the other
spouse.

The spouse and relatives by consanguinity or affinity within the 4th civil
degree of the President shall not, during his tenure, be appointed as:
1. members of the Constitutional Commissions
2. members of the Office of the Ombudsman
3. Secretaries, Undersecretaries, chairmen or heads of bureaus of
offices, including GOCCs and their subsdiaries.

6
Political Lame Ducks

No candidate who has lost in any election shall, within 1 year after such
election, be appointed to any office in the Government or any GOCC or in
any of their subsidiaries. [SEC. 6, ART. IX-B, CONSTI]

Except for losing candidates in the barangay elections, no candidate who

lost in any election shall, within 1 year after such election, be appointed to
any office in the Government or any GOCC or in any of their subsidiaries.
[SEC. 94, LGC]

7
Disqualifications under the LGC; Omnibus Election Code1

LGC OMNIBUS ELECTION CODE

sentenced by final judgment for an offense sentenced by final judgment for

involving moral turpitude or for an offense insurrection, rebellion or any offense for
punishable by 1 year or more of which he has been sentenced to a penalty
imprisonment, within 2 years after service of more than 18 months or for a crime
of sentence involving moral turpitude.2

insane or feeble-minded declared by competent authority as insane

or incomepetent3

convicted by final judgment for violating

the oath of allegiance to the Republic

removed from office as a result of an

administrative case

dual citizenship

fugitive from justice in criminal or non-

political cases here or abroad

permanent residents in a foreign country

or those who have acquired the right to
reside abroad and continue to avail of the
same right after the effectivity of the LGC

1
The pre-trial in a civil case is preceded by a motion ex parte filed by the plaintiff
to set the case for pre-trial. Such motion is not required from the prosecution in a
criminal case
2
deemed removed after the expirattion of a period of 5 years from service of
sentence, unless within the same period he becomes disqualified again. Also when he
has been given plenary pardon or granted amnesty.
3
shall be deemed removed upon the declaration by competent authority that said
insanity or incompetence had been removed.

8
Whenever the evidence of guilt is strong, the following are disqualified to
run in a special election called to fill the vacancy in an elective office:
1. elective official who resigned from his office by accepting an
appointive office or for whatever reason which he previously occupied
but has caused to become vacant due to his resignation
2. person who, directly or indirectly, coerces, bribes, xxx, intimidates to
any person asipiring to become a candidate or that of the immediate
member of his family, his honor or property that is meant to eliminate
a potential candidate.

Newly created office; emoluments increased by Congress

The Constitution prohibits the appointment of a Senator or a Member of the

House of Representative to any office which may have been created or the
emoluments thereof increased during the term for which he was elected;
[SEC. 13, ART. VI]

Completeness of appointment

Where the power of appointment is absolute, and the appointee has been
determined upon, no further consent or approval is necessary.

Where the assent or confirmation of some other body is required, the

appointment may be complete only when such assent or confirmation is
obtained.

In either case, the appointment becomes complete when the last act
required by the appointing power is performed.

Confirmation or attestation by CSC

Appointments to the Civil Service must be submitted to the Civil Service

Commission for approval.

But the confirmation or attestation of the appointment by the Civl Service

Commission does not complete the appointment since such attestation,
although an essential part of the appointment proceesm serves merely to
assure the eligibility of the appointee.

9
Approval by CSC of appointments in the Civil Service

An appointment issued in accordance with pertinent laws and rules shall

take effect immediately upon its issuance by the appointing authority, and if
the appointee has assumed the duties of the position, he shall be entitiled
to receive his salary at once without awaiting the approval his appointment
by the Commission. The appointment shall remain effective until
disapproved by the Commission.

Grounds for recall of appointment by CSC

1. Non-compliance with the procedures/criteria provided in the agencys

Merit Promotion Plan
2. Failure to pass thru the agencys Selection/Promotion Board
3. Violation of existing collective agreement between management and
employees relative to promotion
4. Violation of other existing civil service laws, rules and regulations.

Midnight appointments

Two months immediately before the next presidential elections up to the

end of his term, a President of Acting President shall not make
appointments, except temporary appointments to executive positions when
continued vacancies will prejudice public service or endanger public safety.
[SEC. 15, ART. VII]

Prohibition applies only to the President or Acting President, not to other

appointing officers. [De Rama v.Court of Appeals]

Prohibition does not apply to appointments in the Judiciary. [De Castro v.

JBC]

10
Appointments during 45-day period before an election [30 days
special election]

It shall be an election offense if committed by:

1. any head, official or appointing officer who appoints or hires any
employee, whether provisional, temporary or casual or creates any
new position, except upon prior authority of th COMELEC. Such
appointment shall be null and void.
2. any government official who promotes, or gives any increase of
salary or remuneration or privilege to any government official or
employee.

Commission shall not grant authority unless:

1. it is essential to the proper functioning of the office or agency
concerned; and
2. that the position shall not be filled in any manner that may influence
the election.

Appointments requiring JBC Nomination

1. The members of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least 3 nominees prepared
by the JBC for every vacancy. For the lower courts, the President shall
issue the appointments within 90 days from the submission of the list.

2. The Ombudsman and his Deputies shall be appointed by the President

from a list of at least 6 nominees prepared by the JBC, and from a list of
3 nominees for every vacancy thereafter. All vacancies shall be filled
within 3 months after they occur.

Such appointments shall require no CA confirmation.

11
No reappointment, appoitnment in temporary, acting capacity

1. CSC
2. COMELEC
3. COA

Compulsory acceptance of public office

1. The Government may call upon the people to defend the State and, in
the fulfillment thereof, all citizens may be required, under conditions
provided by law, to render personal military or civil service. [SEC. 4,
ART. II, CONSTI]
2. It is a felony for a person who, having been elected by popular election
to a public office, shall refuse without legal motive to be sworn in or
discharge the duties of said office. [ART. 334, RPC]

Appointments made by the President

1. Heads of Executive Departments, Ambassadors, other ministers and

consuls, officers of the Armed Forces from colonel or naval captain, and
other officers whose appointments are vested in him in the Constitution.
2. All other officers of the government whose appointments are not
otherwise provided by law
3. Those whomt the President may be authorized by law to appoint
4. Officers lower in rank whose appointments may by law vest in the
President alone

Appointments requiring CA confirmation [first group]

1. Heads of Executive Departments

2. Ambassadors, other ministers and consuls,
3. Officers of the Armed Forces from colonel or naval captain,
4. Other officers whose appointments are vested in him in the Constitution.

The members of the Supreme Court and judges of lower courts, the
Ombudsman and his Deputies and rge Vice-President, when appointed as
member of the cabinet require no CA confirmation.

12
Appointments by other officials

Congress may, by law, vest in courts, heads of departments, agencies,

commissions or boards, the power to appoint officers lower in rank in their
respective offices. [SEC. 16, ART. VII, CONSTI]

Ad intermin appointments

The President shall have the power to make appoitnments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproved by the Commisison
on Appointments or until the next adjournment of Congress [SEC. 16, ART.
VII, CONSTI]

An ad interim appointment is permanent and nature and not a mere

temporary or acting appointment. It takes effect immediately and cannot be
withdrawn by the President once the appointee has qualified into office.
[Matibag v. Benipayo]

The CAs failure to confirm an ad interim appointment is not a dispproval of

the same. An ad interim appointee disapproved by the CA cannot be
reappointed, but a by-passed appointee, or one whose appointment has
not been acted upon by the CA, may be appointed again the President.

Designation

Designation is the mere imposition of new or additional duties upon an

officer to be performed by him in a special manner.

It presupposes that the officer is already in the service by virtue of an

earlier appointment, performing other functions.

Designation is consdered only an acting or temporary appointment which

does not confer security of tenure on the person named.

It also does not entail payment of additional benefits or grant upon the
person so designated the right to claim the salary attached to the position.

13
Scope of Civil Service

The Civil Service embraces all branches, subdivisions, instrumentalities,

and agencies of the Government, including GOCCs with original charters.
[SEC. 2(1), ART. XIV-B, CONSTI]

Appointments in the Civil Service

Appointments inthe Civil Service shall be made only according to merit and
fitness to be determined, as far as practicable, and except to positions
which are policy-determining, primarily confidential, or highly technical, by
competitive examination. [SEC. 2(2), ART. IX-B, CONSTI]

Confidential employees

Denotes not only confidence in the aptitude of the appointee for the duties
of the office but primarily close intimacy which insures freedom of
intercourse without embarrassment or freedom from misgivings or
betrayals in confidential matters of the state.

It is the nature of the position which determines whether a position is

confidential.

Those that continue to hold primarily confidential positions continue for so

long as confidence in them endures. Their termination can be justified on
the ground of loss of confidence because in that case, their cessation from
office involves no removal but the expiration of their term of office.

Levels of positions in the Career Service

1. First level includes clerical, trades, crafts, and custodial service positions
which involve non-professional or suprofessional work in a non-
supervisory or supervisory capacity requiring less than 4 years of
college work
2. Second level includes professional, technical, and scientific positions
which involve professional, technical, or scientific work in a non-
supervisory or supervisory capacity requiring at least 4 years of college
work up to Division level.
3. Third level covers positions in the Career Executive Service.

14
Career, non-career v. Sec.2.2, Art. IXB

CAREER/NON-CAREER PRIMARILY CONFIDENTIAL; POLICY

DETERMINING; HIGHLY TECHNICAL

classification is for the purpose of Classification is for purposes of

tenure determining the manner of testing merit
entrance based on merit and fitness to and fitness [competitive examinations or
be determined as far as practicable not]
by competitive examinations or based
on highly technical qualifications
Opportunity for advancement

Security of Tenure in the Career Executive Service

Security of tenure in the Career Executive Service is acquired with respect

to rank, and not to the office or position. The guaranty of security of tenure
to members of the career executive service does not extend to the
particular positions to which they may be appointed but to the rank to which
they are appointed by the President.

Thus, a career exective officer may be transferred or reassigned from one

position to another without losing his rank which follows him wherever he is
transferred or reassigned.

In fact, a CESO suffers no diminution of salary even if assigned to a CES

position with lower salary grade as compensation is according to CES rank
and not on the basis of the position or office occupied. [Ignacio v. Civil
Service Commission]

De Facto Officer

A person is a de facto officer where the duties of his office are exercised:
1. without a known appointment or election, but under such circumstances
of reputation or acquiescence as were calculated to induce the people,
without inquiry, to submit to or invoke his acction supposing him to be
the officer he assumed to be;

15
2. under color of a known and valid appointment or election but where the
officer has failed to conform to some precedent requirement or
condition, such as to take an oath, give a bond, or the like;
3. under color of a known election or appointment, void because the officer
was not eligible, or because there was want of power in the electing or
appointing body, or by reason of some defect or irregularity in its
exercise, such inieligibility, want of power or defect being unknown to
the public; or
4. under color of an election or an appointment by or pursuant to a public,
unconstitutional law, before the same is adjudged to such.

Legal effects of the acts of a de facto officer

The acts of a de facto officer as far as he himself is concerned are void.

Hence, a de facto officer cannot justify his acts as binding or valid in any
suit to which he is a party.

The acts of a de facto officer, however, are valid as to third persons and the
public until his titles to office is adjudged insufficient.

Scope of duties of public officers

The duties of a public office includes all those which are truly within its
scopethose which are essential to the accomplishment of the main
purpose for which the office was created, or which, although incidental or
collateral, are germane to and serve to promote the accomplishment of the
principal purpose. [Lo Cham v. Ocampo]

Nature of Temporary Appointments

It is essentially temporary and revocable in character and the holder of

such appointment may be removed any time even without hearing or
cause. An acting appointe cannot claim security of tenure.

Where the temporary appointment, however, is for a definite period, the

appointing officer does not have blanket authority to remove the appointee
ar any time without cause. [Ambas v. Buenaseda]

16
Note should also be given that under the Constitution, temporary
employees in te Government shall be given such protection as may be
provided by law. [SEC. 2(6), ART. IX-B]

Financial Disclosure

All Members of the Senate and the House of Representatives shall, upon
assumption of office, make a full disclosure of their financial and business
interest. They shall notify the House concerned of a potential conflict of
interest that may arise from the filing of a proposed legislation of which they
are the authors. [SEC. 12, ART. VI, CONSTI]

A public officer or employee shall, upon assumption of office and as may

be required by law, submit a declaration under oath of his assets, liabilities
and net worth. In the case of the President, Vice-President, the Supreme
Court, the Constitutional Commissions and other constitutional offices, and
officers of the armed forces with general or flag rank, the declaration shall
be disclosed to the public in the manner provided by law. [SEC. 17,
ART.XI]

Under RA 6713, public officials and employees, except who serve in an

honorary capacity, laborers and casual or temporary workers, shall file
under oath their:
1. Statements of Assets, Liabilities and Net Worth; and
2. Disclosure of their spouses and unmarried children under 18 living in
their households.

Salary Standardization

The Congress shall provide for the standardization of compensation of

government officials, including those in GOCCs with original charters,
taking into account the nature of the responsibilities pertaining to, and the
qualifications required for their positions. [SEC. 5, ART. IX-B, CONSTI]

Under SEC. 2, RA 6758, differences in pay in the Civil Service shall be

based upon substantive differences in duties and responsibilities, and
qualification requirements of the positions.

It is the officials grade that determines his or her salary.

17
Salary of Ex Officio officer

An ex officio position is in legal contemplation part of the original office. It

follows that the official concerned has no right to receive additional
compensation for his services in that position. The reason is that these
services are already paid for and covered by the compensation attached to
the original office.

Salary of a de facto officer

A de facto officer, not having good title, takes the salaries at his risk and
must, therefore, account to the de jure officer for whatever amount of salary
he received during the period of his wrongful retention of public office.
[Monroy v. Court of Appeals]

A candidate, however, who has been proclaimed and had assumed office,
but is later ousted as a result of an election protest, is a de facto officer
during the term he held the office, but is entitled to the compensation,
emoluments and allowances which are provided for the position by the
Constitution. [Rodriguez v. Tan]

Increase/decrease in salary

The Constitution prohibits Congress from decreasing the salary of:

1. the President and Vice-President,
2. the Chief Justice and the Associate Justices of the Supreme Court,
3. Judges of the lower courts,
4. the Chairmen and members of the Constitutional Commissions, and
5. the Ombudsman and his Deputies.

Congress may increase the Salaries and Members of the House of

Representatives but such increase shall not take effect until after the
expiration of the full term of the members of the Senate and the House of
Representatives.

Also, with respect to the President and the Vice-President, no increase in

their compensation shall take effect until the expiration of the term of the
incumbern during which said increase was approved.

18
Additional, double, indirect compensation

No elective or appointive public officer or employee shall receive additional,

double or indirect compensation, unless specially authorized by law, nor
accept without the consent of Congress, any present, emolument, office or
title of any kind from any foreign government.

Pensions or gratuities shall not be considered as additional, double or

indirect compensation. [SEC. 8, ART. IX-B, CONSTI]

Parliamentary immunity

A Senator or Member of the House of Representatives shall, in all offenses

punishable by not more than 6 years imprisonment, be privileged from
arrest while Congress is in session.

No member shall be questioned nor be held liable in any other place for
any speech or debate in the Congress or any committee thereof. [SEC. 11,
ART. VI], CONSTI

Detail

It is the movement of an employee from one department or agency to

another without the issuance of an appointment and shall be allowed only
for a limited period in the case of employees occupying professional,
technical and scientific positions.

The transfer is temporary which does not involve a reduction in rank, status
or salary and requires only an official order.

Under a set of policies issued by the CSC, detail is allowed only for a
maximum period of 1 year, extension of which shall depend on the consent
of the detailed employee and within the authority if the mother agency.

No detail or reassignment shall be made within 3 months before any

election.

19
A detailed employee receives salary from the mother agency. Also, the
authority to discipline delailed employees is vested in the appointing
authority of the mother agency where they belong.

Next-in-rank rule

This rule provides that the person next in rank shall be given
PREFERENCE in promotion when the position immediately above his
position is vacated but this does not necessarily follow that he alone and no
one else can be appointed. The qualified next in rank refers to an employee
appointed on a permanent basis to a position previously determined to be
next in rank to the vacancy proposed to be filled and who meets the
requisites for appointment thereto as previously determined by the
appointing authority and approved by the commission.

However, It is a settled rule that the appointing authority is not limited to

promotion in filling up vacancies but may choose to fill them by the
appointment of persons with civil service eligibility appropriate to the
position, Even if a vacancy were to be filled by promotion, the concept of
next in rank does not import any mandatory requirement that the person
next in rank must be appointed to the vacancy. What the civil service law
provides is that if a vacancy is filled by promotion, the person holding the
position next in rank shall be considered for promotion.

Automatic reversion

This rule provides that the disapproval of the appointment of a person

proposed to a higher position invalidates the promotion of those in the
lower positions and automatically restores them to their former positions.
For an employee to be automatically restored to his position there must be:
a. series of promotions;
b. all appointments are simultaneously submitted to the CSC for
approval and
c. CSC disapproves the appointment of a person proposed to a higher
position.

20
Prohibition against grant of loan

No loan, guaranty or other form of financial accomodation for business

purpose may be granted, directly or indirectly, by any government-owned
or controlled bank or financial institution to the:
1. President
2. Vice-President
3. Members of the Cabinet
4. Congress
5. Supreme Court
6. Constitutional Commissions
7. Ombudsman
8. any firm or entity in which they have a controlling interest

Corrupt practices

1. Persuading, inducing or influencing another public officer to perform an

act constituting a violation of rules and regulations duly promulgated by
competent authority or an offense in connection with the official duties of
the latter, or allowing himself to be persuaded, induced, or influenced to
commit such violation or offense.
2. Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection
with any contract or transaction between the Government and any other
part, wherein the public officer in his official capacity has to intervene
under the law.
3. Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material benefit, for himself or for another, from any person
for whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given, without prejudice to
Section thirteen of this Act.
4. Accepting or having any member of his family accept employment in a
private enterprise which has pending official business with him during
the pendency thereof or within one year after its termination.
5. Causing any undue injury to any party, including the Government, or
giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and

21
 employees of offices or government corporations charged with the grant
of licenses or permits or other concessions.
6. Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending
before him for the purpose of obtaining, directly or indirectly, from any
person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving
undue advantage in favor of or discriminating against any other
interested party.
7. Entering, on behalf of the Government, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
8. Director or indirectly having financing or pecuniary interest in any
business, contract or transaction in connection with which he intervenes
or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
9. Directly or indirectly becoming interested, for personal gain, or having a
material interest in any transaction or act requiring the approval of a
board, panel or group of which he is a member, and which exercises
discretion in such approval, even if he votes against the same or does
not participate in the action of the board, committee, panel or group.
10. Interest for personal gain shall be presumed against those public
officers responsible for the approval of manifestly unlawful, inequitable,
or irregular transaction or acts by the board, panel or group to which
they belong.
11. Knowingly approving or granting any license, permit, privilege or
benefit in favor of any person not qualified for or not legally entitled to
such license, permit, privilege or advantage, or of a mere representative
or dummy of one who is not so qualified or entitled.
12. Divulging valuable information of a confidential character, acquired by
his office or by him on account of his official position to unauthorized
persons, or releasing such information in advance of its authorized
release date.

22
Solicitation/acceptance of gifts

Public officials and employees shall not solicit, accept, directly or indirectly,
any gift from any person in the course of their official duties or in
connection with any operation being regulated by, or any transaction which
may be affected by the functions of their office.

Prohibition does not cover unsolicited gifts of nominal or insignificant value

not given in anticipation of, or in exchange for, a favor from a public official
or employee.

Divestment

Divestment is the transfer if title or disposal of interest in property by

voluntarily, completely and actually depriving or dispossessing oneself of
his right or title to it in favor of a person or persons other than his spouse
and relative within the 4th degree of consanguinity or affinity.

When a conflict of interest arise, a public official or employee shal resign

from his position in any private business or enterprise within 30 days from
his assumption of office and/or divest himself of his shareholdings within 60
days from such assumption.

The rule does not apply to those who serve in the Government in an
honorary capacity nor to laborers and casual temporary workers.

Conflict of Interest

Conflict of interest arises when a public official or employee is a partner in a

partnership, or a member of a boardm an officer, or a substantial
stockholder of a private corporation or has a substantial interest in a
business, and the interest of such corporation or business therein may be
opposed to or affected by the faithful performance of official duty.

Civil Liability of Public Officers

A public officer shall not be liable by way of moral and exemplary damages
for acts done in the performance of official duties, unless there is a clear
showing of bad faith, malice or gross negligence.

23
Absent any showing of bad faith or malice, every public official is entitled to
the presumption of good faith as well as regularity in the performance or
discharge of official duties.

Criminal Liability of Heads of Offices

Simply because a person in a chain of processing officers happens to sign

or initial a voucher as it is going the gounds, it does not necessarily follow
that he becomes part of a conspiracy in an illegal scheme. The guilt beyond
reasonable doubt of each conspirator must be established.

Appeals in Civil Service Admin Cases

may not appeal if found guilty administratively and the penalty

imposed is suspension from office of not more than 30 days or a fine
equivalent to not more than 30 days salary
CSC v. Dacuycuy reversed the rule that no appeal lies if the
respondent is exonerated. CSC may appeal.

Negligence of Subordinates

The negligence of the subordinate cannot be ascribed to his superior in the

absence of the latters own negligence.

Forgiveness and Condonation

A public official cannot be removed for administrative misconduct

committed during a prior term, since his re-electoin to office operates as a
condonation of the officers previous misconduct to the extent of cutting of
the right to remove him therefor. [Salalima v.Guingona]

Effect of Pardon

A pardon shall not work the restoration to hold public office or the right to
suffrage, unless such rights be expressly restored by the terms of the
pardon. A pardon shall in no case exempt the culprit from the payment of
civil indemnity imposed upom him by the sentence. [Art. 36, RPC]

24
Hold-over

Officers elected or appointed for a fixed term shall hold not only for that
term but also until their successors are elected and qualified.

NOTE:
Local elective officials cannot hold-over. They are covered and
bound by the three-year term limit prescribed by the Constitution;
they cannot extend their term through a holdover. [KIDA V. SENATE OF
THE PHILIPPINES, G.R. NO. 196271, 18 OCTOBER 2011]
The rule of holdover can only apply as an available option where no
express or implied legislative intent to the contrary exists; it cannot
apply where such contrary intent is evident. [Guekeko v. Santos, 76
Phil. 237 (1946).]

Tender of resignation
The official with whom a resignation of a public office must be filed may be
designated by statute.

In the absence of a statuory direction, a public officer should tender his

resignation to the officer or body having authority to appoint his successor
or to call an election to fill the office.

Tender of resignation of local elective officials

OFFICIAL WHERE

Governor, Vice Governor President

Mayor, Vice Mayor of HUCs and ICCs

Mayor, Vice Mayor of Municipality, CC Governor

Sanggunian Members Sanggunian concerned

Brgy Officials City or Municipal Mayor

25
Leave of absence of local elective officials

OFFICIAL WHERE

Governor President
Mayor of HUCs and ICCs

Mayor of Municipality, CC Governor

Vice Governor Local Chief Executive

Vice Mayor

Sanggunian Members Vice Governor or Vice Mayor

Grounds for Disciplinary Action [Civil Service not exhaustive; for

comparison only]

LGC CIVIL SERVICE

Disloyalty to the Republic of the Phil

Culpable violation of the Consti

Dishonesty, oppression, misconduct in Dishonesty4, Oppression, Misconduct,

office and neglect of duty Neglect of Duty

Commission of any offense involving Conviction of a crime involving moral

moral turpitude or an offense punishable turpitude
by at least prision mayor

Abuse of authority

4
Dishonesty, in order to warrant dismissal, need not be committed in the course
of the performance of duty by the person charged. The rationale for the rule is that if the
government officer or employee is dishonest or guilty of oppression or grave
misconduct, even if said defects of character are not connected with his officem they
affect his right to continue in office. The private life of an employee cannot be
segregated from his public life. Dishonesty inevitably reflects on the fitness of the officer
or employee to continue in office and the discipline and morale of the the service

26
Unauthorized absence for 15 consicutive Frequent unauthorized absences or
working days except in the case of tardiness, loafing
members of sanggunians

Application for, or acquisition of, foreign

citizenship or residence status of an
immigrant of another country

Where to file admin complaints against local elective officials

5
ELECTIVE WHERE APPEAL
OFFICIAL

Province, HUC, Office of the President

ICC, CC

Municipality Sangguniang Panlalawigan OP

Brgy Sangguniang Bayan Final and

Sangguniang Panlungsod Executory

PREVENTIVE SUSPENSION

ELECTIVE OFFICIAL WHO

Province, HUC, ICC President

CC or Municipality Governor

Brgy Mayor

NOTE:
no local chief executive has jurisdiction over such cases
An elective official may be removed frm office on the grounds
enumerated by order of the proper court.

5
Concurrent jurisdiction with Ombudsman; but of Criminal, Ombudsman only

27
 Preventive Suspension

CIVIL SERVICE LOCAL ELECTIVE OFFICIALS BY OMBUDSMAN

proper disciplining authority may be imposed at any time evidence of guilt is strong and
may preventively suspend a after the issues are joined either
subordinate under his authority when the charge against employee
pending investigation evidence of guilt is strong involves dishonesty,
charge involves dishonesty, and given the gravity of the oppression or grave
oppression or grave offense, there is great misconduct or neglect in
misconduct or neglect in probability that the the performance of duty
the performance of duty; or continuance in office of the charges would warrant
there are reasons to respondent could influence removal from service
believe that the respondent the witnesses or pose a the respondents continued
is guilty of the charges threat to the safety and stay in office may prejudice
which would warrant his integrity of the records and the case filed against him
removal from service other evidence

when the administrative case any
is not finally decided within 90 suspension shall not exceed
days after the date of beyond 60 days
suspension of the respondent
who is not a political
appointee, the respondent
shall automatically be
reinstated in the service
when the delay is due to the
fault, negligence or petition of
the respondent, in which case
the period of delay shall not be
counted
single preventive preventive suspension shall
continue until the case is
terminated by the Ombudsman
but not more than 6 months,
without pay
except when the delay is due
to the fault, negligence or
petition of the respondent, in
which case the period of delay
shall not be counted

in event that several admin the ombudsman can impose

charges are filed against the the 6 month preventive
elective offical, he cannot be suspension to all public
preventively suspended for officials, whether elective or
more than 90 days on the appointive, who are under
same ground or grounds investigation
existing and known at the time
of the first suspension

28
 Summary of Qualifications

OFFICER AGE CITIZENSHIP RESIDENCE SUFFRAGE LITERACY

President and at least 40 on the day of natural-born resident of the registered voter able to read
Vice President the election citizen Philippines for at least 10 and write
years immediately
preceding such election

Senators at least 35 years of age on natural-born resident of the registered voter able to read
the day of the election citizen Philippines for at least 2 and write
years immediately
preceding the day of the
election

Members of the at least 25 years of age on natural-born resident of the district in registered voter able to read
House of the day of the election citizen which he shall be elected in the district in and write
Representatives for at least 1 year which he shall be
[not Party List] immediately preceding elected
the day of the election

Party-list at least 25 years of age on natural-born resident of the Philipines registered voter able to read
Representatives the day of the election. In citizen for at least 1 year and write
[provided by law]6 the case of anominee of immediately preceding
the youth sector, he must the day of the election
be at least 25 but not more

6
Others:
a bona fide member of the party or organization which he seeks to represent at least 90 days preceding the day of
the election
nominated by his party or organization

29
 OFFICER AGE CITIZENSHIP RESIDENCE SUFFRAGE LITERACY

than 30 on the day of the

election.7

7
Any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue until the
expiration of his term

30
 OFFICER AGE CITIZENSHIP EDUCATION OTHERS

Supreme Court at least 40 natural-born citizen must have been for 15 years
Court of Appeals or more a judge of a lower
court or engaged in the
practice of law in the
Philippines

must be of proven
competence, integrity,
probity and independence

COMELEC at least 35 at the time natural-born citizen holders of a college must not have been
of their appointment degree candidates for any elective
position in the immediately
preceding elections

a majority thereof, including

the Chairman, must be
members of the Philippine
Bar who have veen
engaged in the practice of
law for at least 10 years

COA at least 35 at the time natural-born citizens certified public accountants

of their appointment withe not less than 10 years
auditing experience; or
members of the Philippine
Bar who have been
engaged in the practice of
law for at least 10 years

must not have been

31
 OFFICER AGE CITIZENSHIP EDUCATION OTHERS

candidates for any elective

office in the elections
immediately preceding their
appointment

at no time shall all members

belong to the same
profession

CSC at least 35 at the time natural-born citizens with proven capacity for
of their appointment public administration

must not have been

candidates for any elective
office in the elections
immediately preceding their
appointment

CHR at least 35 at the time natural-born citizens majority of whom must be

of their appointment members of the bar

term of office and other

qualifications and diabilities
shall be provided by law

Ombudsman and at least 40 at the time natural-born citizens of recognized probity and
deputies of their appointment independence

members of the Philippine

Bar

not have been candidates

32
OFFICER AGE CITIZENSHIP EDUCATION OTHERS

for any elective office in the

immediately preceding
elections

must have been for 10 years

and more a judge or
engaged in the practice of
law in the Philippines

33
 OFFICER AGE CITIZENSHIP OTHERS

Secretaries of at least 25 filipino citizen

Departments

RTC Judges at least 35 natural-born for the last 10 years, has been engaged in
the practice of law in the Philippines

MTC Judges at least 30 natural-born for at least 5 years, has been engaged in
the practice of law in the Philippines or has
held a public office in the Philippines
requiring admission to the practice of law as
an indispensible requisite

OFFICER AGE CITIZENSHIP RESIDENCE SUFFRAGE LITERACY

Governor, Vice Gov, at least 23 on citizen of the resident of the registered voter in the able to read and
S. Panlalawigan election day Philippines district/city/province where district/city/province write Filipino or
he intends to be elected for where he intends to be any other local
Mayor, Vice-Mayor, S. at least 1 year immediately elected language or
Panlungsod of HUC preceding the day of the dialect
election
Mayor, Vice-Mayor of at least 21 on citizen of the resident where he intends registered voter where able to read and
ICCs, CC, election day Philippines to be elected for at least 1 he intends to be write Filipino or
Municipalities year immediately preceding elected for at least 1 any other local
the day of the election year immediately language or
preceding the day of dialect
the election
Sangguniang at least 18 on citizen of the resident of the district registered voter in the able to read and
Panglungsod, election day Philippines where he intends to be district/ where he write Filipino or

34
 OFFICER AGE CITIZENSHIP RESIDENCE SUFFRAGE LITERACY
Sangguniang Bayan elected for at least 1 year intends to be elected any other local
immediately preceding the for at least 1 year language or
day of the election immediately preceding dialect
the day of the election
Sangguniang at least 15 citizen of the resident of the district registered voter in the able to read and
Kabataan but not more Philippines where he intends to be district where he write Filipino or
than 21 on elected for at least 1 year intends to be elected any other local
election day immediately preceding the for at least 1 year language or
day of the election immediately preceding dialect
the day of the election

35
 Multiple Offices
OFFICER
President, Vice-President, Members
of the Cabinet, their deputies or
assitants
Senator, Member of HOR
SC and other courts established by
law
Member of Constitutional
Commissions, Ombudsman and his
Deputies
Appointive Officials
Members of the armed forces in the
active service
Elective Officials
PROHIBITION EXCEPTION
any other office or employment during unless otherwise provided in the
their tenure Constitution
any other office or employment in the
Government or GOCCs or their
subsidiaries, during his term without
forfeiting his seat
may not be designated to any agency
performing quasijudicial or administrative
funcitons
any other office or employment
any other office or employment in the unless otherwise allowed by law or by
Government or any subdivision, agency, the primary functions of his position
instrumentality thereof, including GOCCs
and their subsidiaries
may not be appointed or designated in
any capacity to a civilian position in the
Government including GOCCs and their
subsidiaries
shall not be eligible for appointment or he may be appointed provided he forfeits
designation in any capacity to any public his seat
office or position during his tenure.
36
 Practice of Profession
OFFICER
During their tenure, President, Vice-
President, Members of the Cabinet,
their deputies or assitants
Senator, Member of HOR
Member of Constitutional Commissions
Governors, City and Minicipal Mayors
Sanggunian Members
PROHIBITION EXCEPTION
They shall not practice any other profession.
They shall not participate, directly or indirectly,
in any business.
They may not personally appear as counsel
before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other
administrative agencies
They shall not engage in the practice of any
profession or in the active managament or
control of any business which in any way may
be affected by the functions of his office
They are prohibited from practicing or engaging
in any occupation other than the exercise of
their functions as local chief executives
Sanggunian members may not practice their Doctors of Medicine may
professions, engage in any occupation or teach practice their profession even
in schools during session hours. during official hours of work only
on occasions of emergency
Sanggunian members who are also members provided that the officials
of the Bar are shall not: concerned do not derive
1. appear as counsel before any court in monetary compensation
any civil case wherein a local therefrom.
government unit ir any office, agency or
instrumentality of the government is the
adverse party;
2. appear as counsel in any criminal case
37
 OFFICER
Public Officials and Employees
PROHIBITION EXCEPTION
whereinan officer or employee of the
national or local governmenment is
accused of an offense committed in
relation to his office;
3. collect any fee for their appearance in
administrative proceedings involving the
local government unit of which he is an
official; and
4. use property and personnel of the
Government except when the
Sanggunian member concerned is
defending the interest of the
Government
Public officials during their incumbency shall
not:
1. own, control manage, or accept
employment as officer, employee,
consultant, broker, agent, trustee, or
nominee in any private enterprise
regulated, supervised or licensed by
their office unless expressly allowed by
law
2. engage in the private practice of their
profession unless authprized by the
Constitution or law, provided that such
practice will not conflict or tend to
conflict with their official functions
3. recommend any person to any position
in a private enterprise which has a
regular or pending official transaction
with their office.
38
OFFICER PROHIBITION EXCEPTION

These prohibitions shall continue to apply for a

period of 1 year after resignation, retirement, or
separation from public office, except in the
case of (2), but the professional cncerned
cannot practice his profession in connection
with any matter before the office he used to be
with, in which case the 1 year prohibition shall
likewise apply.

39
Financial Interest
OFFICER
During their tenure, President, Vice-
President, Members of the Cabinet,
their deputies or assitants
Senator, Member of HOR
Member of Constitutional Commissions
Public Officials and Employees
PROHIBITION
They shall not be financially interested, directly or indirectly, in
any contract with, or in any franchise or special privilege granted
by the government or any of its subdivision, agency, or
instrumentality thereof including GOCCs or their subsidiaries
He shall not be financially interested, directly or indirectly, in any
contract with, or in any franchise or special privilege granted by
the government or any of its subdivision, agency, or
instrumentality thereof including GOCCs or their subsidiaries
He shall not intervene in any matter before any office of the
Government for his pecuniary benefit or where he may be called
upon to act on account of his office.
He shall not intervene in any cause or matter before any office of
the government for his pecuniary benefit or where he may be
called upon to act on account of his office or to give his vote as a
member of Congress.
They shall not be financially interested, directly or indirectly, in
any contract with, or in any franchise or special privilege granted
by the government or any of its subdivision, agency, or
instrumentality thereof including GOCCs or their subsidiaries
They shall not, directly or indirectly, have any financial material
interest in any transaction requiring the approval of their office
40
Meaning of Public Office, 3 Public office as a public trust, 3

41