Its object carry’s out sovereign as Obligation only upon persons who

CHAPTER I: CONCEPTS well entered the

OFFICE – The incumbent is selected by appointment or by election, and whether he Same.
is appointed during the pleasure of the appointing power or for a fixed term. As governmental function affecting
Person
PUBLIC OFFICE – is the right, authority, and duty created and conferred by law, by Embraces the idea of tenure, Limited In its duration and specific in its
which for a given period, either fixed by law or enduring at the pleasure of the duration object and
appointing power, and individual is invested with some portion of the sovereign continuity, and the duties Its Terms define and limit the rights and
functions of the government, to be exercised by him for benefit of the public. connected obligations
Therewith are generally continuing parties and neither without consent of
PURPOSE AND NATURE OF PUBLIC OFFICES. and permanent each party
PUBLIC TRUST *Public Office is public employment, but not all public employment is a public office
-Holders regards as public servants PUBLIC OFFICE PUBLIC EMPLOYMENT
-Holders subject to highest standards of accountability and service Created by law, with duties Created not by forced of law but by
Cast upon the incumbent with contact of Employment
Public office is a public trust. Public officers and employees must at all times be Involve the exercise of
accountable to the people, serve them with the utmost responsibility, integrity, loyalty Sovereign power
and efficiency, act with patriotism and justice, and lead modest lives.

NOT PROPERTY
-Holder subject to removal or suspension according to law ESSENTIAL ELEMENTS OF PUBLIC OFFICERS
-Holder without vested right in any public office. C-AE-PF-Du-CP
-Holder’s right in nature of privilege entitled to protection. 1. By the CONSTITUTION or by LAW.
-Holder’s right personal to him. 2. AUTHORITY and EXERCISE of sovereign power.
3. POWER and FUNCTION are defined by the Constitution.
Public office is not property of the office holder within the meaning and 4. The DUTIES pertaining are performed independently, without control of
contemplation of the due process requirements of the constitution. superior power other than law.
5. CONTINUITY and PERMANENCY
NOT A CONTRACT
-Created no contractual relation between holder and the public. CREATION OF PUBLIC OFFICE [C-S-TB-CongPre]
-Exists by virtue of some law. 1. GENERALLY
-Generally entitles holder to compensation a. By the CONSTITUTION, STATUTE, TRIBUNAL BODY.
b. By the Congress
i. Exigencies of government it is necessary to create and
PUBLIC OFFICE PUBLIC CONTRACT define duties.
ii. An office created by the legislature is wholly within the
power of the body. Can fit and abolish the office.
Creation incident of sovereignty originates from the will of the contracting
c. By the PRESIDENT
parties
i. Bureaus, agencies or office in executive department.

MODIFICATIONS OR ABOLITION OF PUBLIC OFFICE [CO-CO]

1. OFFICE CREATED BY THE CONGRESS
 a. The power to create an office generally includes the power to a. Civil office — it covers any kind of a public office, whether
modify or abolish it. executive, legislative, or judicial.
b. The power is inherently legislative. b. Military office
c. Power to fix the number of positions and the salaries or 2. As to creation: (CS)
emoluments of the holders thereof and to provide funds for the a. Constitutional office
offices created. b. Statutory office
2. OFFICES CREATED BY THE CONSTITUTION 3. As to the department of government to which it belongs: (L-E-J)
a. Constitutional offices may be modified or abolished by the people a. Legislative office
through a constitutional provision. b. Executive office
c. Judicial office
EXERCISES OF SOVEREIGN POWERS AND FUNCTION.[P-O-E-A] 4. As to branch of government served: (NAT-LOC)
1. One of the most important criteria of public office a. National office
a. exercise some portion of the sovereign power of the State b. Local office
2. Authority conferred by law 5. As to whether exercise of discretion is required: (QJO- MinOff)
3. Extent of authority not material. a. Quasi-judicial office
4. Presumption of regularity of official acts. b. Ministerial office

TENURE AND DURATION [E-C-P] 6. As to compensation:

1. Existence of definite tenure not material a. Lucrative office, office of profit, or office coupled with an interest. It
a. The duration of tenure need not be for a fixed period, but may includes any office to which salary, compensation or fees are
be at the pleasure of the appointing power. attached.
2. Continuance of office holder not material. b. Honorary office no compensation.
3. Permanence of office not material. c.

MEANING OF OFFICER/PUBLIC [O-E] CHAPTER II: ELIGIBILITYAND QUALIFICATION

1. Officer - required by law to be elected or appointed who a designation or title has Meaning of eligibility/eligible/ineligibility/ineligible
given to him by law, and who exercises functions concerning the public, assigned to
him by law. Eligibility
2. Employee any person in the service of the government. (Not a clerk)
1. The state or quality of being legally fitted or qualified to be chosen
OFFICER AND EMPLOYEE DISTINGUISHED [PO-RPC] 2. Eligibility to a public office is of a continuing nature and must exist
1. In the law of public officer greater importance, dignity, and independence both at the commencement and during the occupancy of an office.
of his positions.
2. Under the Revised Penal Code. Eligible
1. Means legally fitted or qualified to hold an office.
MEANING OF PUBLIC OFFICIAL
- An officer of the Government itself, as distinguished from the officers and Ineligibility
employees of instrumentalities of government. 2. Refers to the lack of qualification prescribed by the Constitution or
applicable laws for holding an office.
CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC OFFICERS
1. As to nature of functions: (Co-M) Ineligible
3. Legally or otherwise disqualified to hold an office
 4. Disqualified to be elected to an office
5. Disqualified to hold an office, if elected or appointed to it
Meaning of qualification
 May refer to the endowment and accomplishment that fits one for
office
 May refer to an act which a person, before entering the
performance of his duties, is, by the law, required to do, such as the taking,
and often, of subscribing and taking of an official oath, and, in some cases,
the giving of an official bond
Nature of right to hold public office
 Not a natural right – To hold a public office, one must be eligible
and possess the qualifications prescribed by the Constitution.
 Not a constitutional right – There is no constitutional right to run for
office or hold elected office. Rather, it is a political privilege which depends
upon the favor of the people for the public good.
Powers of Congress to prescribe qualifications
1. In General - Congress is generally empowered to prescribe the
qualifications for holding public office, provided it does not exceed thereby
its constitutional powers or impose conditions of eligibility inconsistent with
constitutional provisions.
2. Where office created by Congress - body can deal with the subject
of qualification and disqualification, provided that in so doing it does not
impinge upon an express provision of the Constitution.
3. Where office created by the Constitution - General rule is that
where the Constitution establishes specific eligibility requirements for a
particular constitutional office, the constitutional criteria are exclusive.
4. Where qualifications prescribed by the Constitution - not self-
executing
Power of Congress to prescribe disqualifications
 Congress may not add disqualifications where the Constitution has
provided them in such a way as to indicate an intention that the
disqualifications provided shall embrace all that are to be permitted
 Moreover, when the Constitution has attached a disqualification to
the holding of any office, Congress cannot remove it under the power to
prescribe qualifications as to such offices as it may create
Act adds grounds of disqualifications of a SC justice
 The subject Act added grounds of disqualifications, SC prohibits
certain Justices from fulfilling the power and duty given by the Constitution.
 The Act disqualified a majority of the constitutional component
members of the Supreme Court. Thus, it deprives it of its jurisdiction
established by the Constitution.
 The designees would not have been consented to by the
Commission on Appointments; thus, the appointment would not comply with
the Constitution
 Temporary composition of the SC not authorized by the
Constitution since the Supreme Court is one of the permanent institutions of
the government.
 Method of appointment of a SC justice provided by the Constitution
is mandatory and binding upon all departments of government.
Construction of restrictions on eligibility
 Presumption in favor of ineligibility – There is a presumption in
favor of the eligibility of one who has been elected or appointed to public
office.
 Basis of presumption – A strong public policy exists in favor of
eligibility to public office.
 Rule of liberal construction – The right to public office should be
strictly construed against ineligibility.
General Rule: The right of a citizen to hold office
Exception: A citizen may not be deprived of this right without proof
of some disqualification specifically declared by law.
Time of possession of qualifications
1. Where the time specified by the Constitution or law – The
Constitution or law may, expressly or by necessary implication, specify the
time when the required eligibility must exist. The candidate must possess
the necessary qualifications at that time of the election.
2. Where Constitution or law is silent – It is necessary for the courts to
have recourse to some other means of determining the matter.
3. When qualification must always exist – The candidate or appointee
may have been qualified at the time of his election or appointment is not
sufficient to entitle him to hold the office.
Removal of disqualification during term
  Courts have not agreed as to the effect of removal by an office-
holder of his disqualifications after the commencement of term of office and
during its continuance
Particular Qualifications and Disqualifications
 Citizenship
 Age
 The right of suffrage
 Residence
 Education
 Ability to read and write
 Political affiliation
 Civil service examinations
Religious qualification prohibited
 Religious beliefs and opinions cannot be made a test of political
right and privilege
 No state interest can be discerned which would justify the burden
upon the free exercise of religion imposed by the restriction
 Our Constitution expressly provides that no religious test shall be
required for the exercise of civil and political rights
o Religious test- is one demanding the avowal or repudiation of
certain religious beliefs before the performance of any act
Power of Congress to impose property qualifications
1. View that law constitutional – The view has taken that unless
inhibited by the Constitution, a legislature has the power to impose property
qualifications upon office holders. A certain public officers be resident
property owners does not transgress the constitutional guarantees of due
process and equal protection.
2. View that law unconstitutional – In a case, The Supreme Court
stated the 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.
Power of congress to impose property qualifications
1. View that law constitutional- a legislature has the power to impose
qualifications upon the office holders.
2. View that law unconstitutional- there is no rational connection
between qualifications for administering public affairs and ownership of real
property.
Qualifications prescribed by the constitution for certain officers
President and Vice President
 Natural born citizen
 Registered voter
 Able to read and write
 At least 40 years of age on the day of election
 Resident of the Philippines for at least 10 years immediately
preceding the election.
Senators
 Natural born citizen
 Registered voter
 Able to read and write
 At least 35 years of age on the day of election
 Resident of the Philippines for not less than 2 years immediately
preceding the election.
Members of the House
 Natural born citizen
 Registered voter in the district for which he shall be elected except
in cases of party list, and a Resident thereof for at least 1 year
immediately preceding the election.
 Able to read and write
 At least 25 years of age on the day of election
Members of the Supreme Court and lower collegiate court
 Natural born citizen
 Registered voter
 At least 40 years of age
 Must have been for 15 years or more a judge of the lower court or
engage in the practice of law
 Of proven competence probity integrity and independence.
Chairman and commissioners of the civil service commissions
 composed of a Chairman and two Commissioners
 who shall be natural-born citizens of the Philippines and,
 at the time of their appointment, at least thirty-five years of age,
 with proven capacity for public administration,
 And must not have been candidates for any elective position in the
elections immediately preceding their appointment.
Commission on Audit
 natural-born citizens of the Philippines
 at the time of their appointment, at least thirty-five years of age,
 Certified Public Accountants with not less than ten years of auditing
 experience, or members of the Philippine Bar who have been
engaged in the practice of law for at least ten years,
 And must not have been candidates for any elective position in the
elections immediately preceding their appointment.
 At no time shall all Members of the Commission belong to the same
profession.
Commission on Elections
 shall be natural-born citizens of the Philippines
 at the time of their appointment, at least thirty-five years of age,
 holders of a college degree,
 And must not have been candidates for any elective positions in the
immediately preceding elections.
 A majority thereof, including the Chairman, shall be members of the
Philippine Bar who have been engaged in the practice of law for at
least ten years.
Commission on Human Rights
 must be natural-born citizens of the Philippines
 A majority of whom shall be members of the Bar.
 The term of office and other qualifications and disabilities of the
Members of the Commission shall be provided by law.
The Ombudsman and his Deputies
 shall be natural-born citizens of the Philippines,
 and at the time of their appointment, at least forty years old,
 of recognized probity and independence,
 and members of the Philippine Bar,
 And must not have been candidates for any elective office in the
immediately preceding election.
 The Ombudsman must have, for ten years or more, been a judge
or engaged in the practice of law in the Philippines.
Qualifications prescribed by law for certain officers
Secretaries of departments
 Citizens of the Philippines at least 25 years of age
Presiding justice and associate justices of the court of appeals
 Same as Supreme Court justices
Judges of the Regional Trial Court
 Natural-born citizen
 At least 35 years of age
 For at least 10 years, has been engaged in the practice of law in the
Philippines requiring admission to the practice of law, as indispensable requisite
Judges of the Municipal Trial Court
 Natural-born citizen
 At least 30 years of age
 For at least 5 years, has been engaged in the practice of law in the
Philippines requiring admission to the practice of law, as indispensable requisite
Elective Local Officials
General Applicability
 Citizen of the Philippines
 Registered voter in the barangay, municipality, city or province or in
the case of sanggunian, the district where he intends to be elected, resident
therein foe at least 1 year immediately preceding the elections;
 Able to read and write Filipino or any other local language or dialect.
Governor, Vice Governor, Sanggunian Panlalawigan, Mayor, Vice Mayor or
Sanggunian Panlungsod of highly urbanized cities
 At least 23 years old on election day
Mayor, Vice Mayor of independent component cities, component cities, or
municipalities
 At least 21 years old on election day
Sanggunian Panlungsod or Sanggunian Bayan
 Atleast18 years old on election day
Punong Barangay or Sanggunian Barangay
 Atleast18 years old on election day
Sanggunian Kabataan
 Atleast15 years old, but not more than 21 years old on election day
Board of Election Inspectors
 he is of good moral character
 irreproachable reputation,
 a registered voter of the city or municipality,
 has never been convicted of any election offense or of any other crime
punishable by more than six months of imprisonment or if there is a
pending information against him for any election offense
 Able to speak and write English or the local dialect
Disqualifications to hold public office
1. By Constitution or by Law- In general, individuals who lack any of the
qualifications prescribed by the Constitution or by law for a public office are ineligible
or disqualified from holding such office. An appointment of an ineligible or unqualified
person is a nullity.
2. Other Causes
Mental or physical incapacity.
Misconduct or crime
Impeachment.
Removal or suspension from office.
Previous tenure of office
Consecutive terms.
Holding more than one office.
Relationship with the appointing power.
Office newly created or the emoluments of which have been increased
Being an elective official- ineligible to be appointed to be designated
Having been a candidate for any elective position
Under the local government code
i.Sentenced by final judgement for an offense involving moral turpitude by 1
year or more imprisonment within 2 years after serving sentence
ii.Those removed from office as a result of an administrative case
iii.Convicted by final judgement for violating ought of allegiance to the republic
iv.Dual citizenship
v.Fugitive from justice in criminal or non-political cases here or abroad
vi.Insanity or feeblemindedness
Appointment of elective and appointive local officials and candidates who lost
in an election (Political Lame-Ducks)
a. No elective or appointive local official shall be eligible for
appointment or designation in any capacity to any public office or position
during his tenure. Unless otherwise allowed by law or by the primary
functions of his position, no elective or appointive local official shall hold any
other office or employment in the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled
corporations or their subsidiaries.
b. Except for losing candidates in barangay elections, no candidate
who lost in any election shall, within one (1) year after such election, be
appointed to any office in the Government or any government-owned or
controlled corporations or in any of their subsidiaries."
CHAPTER III: ACQUISITION OF RIGHT OR TITLE OF OFFICE
A. In General
1. Modes of Commencing official relations
The manner of selecting persons for public office is generally by either:
a. Election
b. Appointment
2. Meaning of “Appointment”
a. It is an act of designation by the executive officer, board, or body to whom that
power has been delegated, of the individual who is to exercises the powers and
functions of a given office.
b. It is equivalent to “filling a vacancy” in an office.
c. It is the nomination or designation of an individual to an office.
3. Where appointing power resides
a. Inherently belongs to the people
b. Entrusted to designated elected and appointed public officials
4. Appointing power generally regarded as an executive function
a. Where power exercised by executive department
b. Where power exercised by other departments
5. Power to appoint discretionary
a. Power of court to review appointments
b. Power of Civil Service Commission to revoke appointment
6. Power may be absolute or conditional
a. absolute ‐ where the choice of the appointing authority is conclusive if it falls upon
an eligible person. No further consent or approval is necessary.
b. conditional ‐ where assent or approval by some other officer or body, such as the
Commission on Appointments, is necessary to complete the appointment.
7. Restrictions on the power to appoint
a. Generally
Persons to be appointed to a public office should possess the required qualifications
and be selected solely with a view to the public welfare.
b. Under the Constitution
a. “The spouse and relatives by consanguinity or affinity within the fourth civil degree
of the President shall not, during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including
government‐owned or controlled corporations and their subsidiaries” Art. VII, Sec. 13
b. “Two months immediately before the next presidential elections and up to the end
of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will c. Under existing laws
prejudice public service or endanger public safety.”
8. When Appointment deemed complete
c. “The Congress may, by law, vest the appointment of other officers lower in rank in a. Not subject to confirmation
the President alone, in the courts, or in the heads of departments, agencies, b. Subject to confirmation
commissions, or boards.” c. Approval by the Civil Service Commission
d. Effects of completed appointment
d. “The Supreme Court shall have the following powers: Appoint all officials and
employees of the Judiciary in accordance with the Civil Service Law.” 9. Acceptance of appointment
a. Not necessary to completion or validity of appointment
e. “The Members of the Supreme Court and judges of the lower courts shall be b. Necessary to possession of office
appointed by the President from a list of at least three nominees prepared by the
Judicial and Bar Council for every vacancy. Such appointments need no confirmation. 10. Form of Acceptance
For the lower courts, the President shall issue the appointments within ninety days a. Express or when done verbally or in writing
from the submission of the list.” b. Implied or when, without formal acceptance, the appointee enters upon exercise
of the duties and functions of an office
f. “The Constitutional Commissions shall appoint their officials and employees in
accordance with law.” 11. Obligation of elected or appointed individual to accept office
a. Generally not subject to compulsion
g. The Members of the Civil Service Commission, Commission on Elections and b. Obligation in the nature of a social duty
Commission on Audit shall be appointed “without reappointment xxx. Appointment to
any vacancy shall be only for the unexpired term of the predecessor. In no case shall 12. Necessary of written appointment
any Member be appointed or designated in a temporary or acting capacity.” a. View that appointment should be evidenced by writing
b. Contrary view
h. “No candidate who has lost in any election shall, within one year after such
election, be appointed to any office in the Government or any Government‐owned or 13. Revocation of appointment
controlled corporations or in any of their subsidiaries.” a. Where appointment final and complete
b. Where appointee has assumed position
i. “No elective official shall be eligible for appointment or designation in any capacity c. Where protestant more qualified than appointee
to any public office or position during his tenure. Unless otherwise allowed by law or
by the primary functions of his position, no appointive official shall hold any other B. Appointments by the President
office or employment in the Government or any subdivision, agency or instrumentality
thereof, including Government‐owned or controlled corporations or their subsidiaries.” 1. Power of appointment of the President
By the provision of Art. VII, Sec. 16 in the Constitution, the President is authorized to
j. “The officials and employees of the Office of the Ombudsman, other than the appoint, namely:
Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law.”
a. First:
k. “The Ombudsman and his Deputies shall be appointed by the President from a list ● heads of executive departments
of at least six nominees prepared by the Judicial and Bar Council, and from a list of ● ambassadors
three nominees for every vacancy thereafter. Such appointments shall require no ● other public ministers and consuls
confirmation. All vacancies shall be filled within three months after they occur.” ● officers of the armed forces from the rank of colonel or naval captain
● other officers
i. regular members of Judicial and Bar Council
ii. chairman and commissioners of the Civil Service Commission
iii. chairman and commissioners of the Commission on Elections
iv. chairman and commissioners of the Commission on Audit
v. members of the regional consultative commission
d. boards
“lower in rank” does not include heads of bureaus and offices not specifically
mentioned in the Constitution as among those to be appointed by President who are
subordinates of Cabinet members. By law, their appointments are vested in the
President.

b. Second: 4. Kinds of Presidential appointments

a. as to manner in which it is made
● All other officers ‐ appointments are not otherwise provided by law and to be ● regular ‐ made by Congress while in session; subject to confirmation by the
appointed to lower offices created by Congress Commission on Appointments
● ad interim ‐ made while Congress is in recess
c. Third ‐ those whom the President may be authorized by law
● heads of government‐owned or controlled corporations b. as to its nature
● undersecretaries ● permanent ‐ those which last until they are lawfully terminated
● heads of bureaus and offices ● temporary or acting ‐ those which last until a permanent appointment is issued
● other officials
5. Ad interim appointments
d. Fourth: ‐ appointments the Congress by law vests in the President alone a. These are appointments made by the President while Congress is in recess, thus,
● other officers lower in rank the Commission on Appointments may only deliberate upon such appointments when
Congress goes into session
2. Confirmation of appointments by Commission on Appointments
b. The President is usually aided by the Commission on Appointments’ advice when it
a. Required comes to appointments. In case of ad interim appointments, however, the President
● first group above acts alone and the system of checks and balances vital to our system of government
is not in place
b. Unnecessary
● heads of bureaus c. Ad interim appointments, however, are necessary due to the existence of situations
● certain offices under different departments which are not called bureaus where there is a clear and present urgency caused by an impending obstruction or
i. Securities and Exchange Commission example paralysis of the function assigned to office to be filled if no immediate appointment is
ii. Insurance Commission example made
● members of Supreme Court
● judges of lower courts d. An ad interim appointment is permanent in nature and not a mere temporary or
● Sandiganbayan acting appointment even if it subject to confirmation by the Commission on
● Tanodbayan (Ombudsman) ~ including deputies appointments. However, it may be recalled or revoked by the President before
● chairman and members of the Commission on Human Rights Art. VII Sec. 16 confirmation

3. Appointment by other officials 6. Temporary or acting appointments

Congress may vest power to appoint officers “lower in rank” to the following: Art. VII, a. Generally, the power to appoint vested in the President includes temporary or
Sec 16 acting appointments, unless otherwise provided by law.
a. heads of departments b. An acting appointment, being essentially temporary or provisional in character,
b. agencies cannot be validly confirmed by the Commission on Appointments because
c. commissions confirmation presupposes a valid nomination or ad interim appointment.
c. A temporary appointment ‐ an acting appointment.
d. An unqualified person cannot be appointed even in an acting capacity
7. Designations
Is simply the mere imposition of new or additional duties upon an officer to be
performed by him in a special manner while he performs the function of his
permanent office.
8. Steps in the appointing process
a. Nomination ‐ It is the exclusive prerogative of the President upon which no
limitation may be imposed by Congress, except those resulting from the need
securing the concurrence of the Commission on Appointments and from the
exercises of the limited legislative power to prescribe the qualifications to a given
appointive office.
b. Confirmation
● The power to confirm and reject certain appointments belongs to Congress through
the Commission on Appointments since it is a check on the executive.
● A confirmation cannot be reconsidered after the President has been notified of the
confirmation and has completed the appointment by issuing a commission the
appointee even if the rules of the confirming body provide for reconsideration
c. Issuance of Commission
● “Commission” is the written authority from a competent source given to the officer
as his warrant for exercise of the powers and duties of the office. It is the written
evidence of the appointment
● When a person is elected to office, his right as established as a result of the
election and does not depend upon the issuance of a commission. Issuance of a
commission to an elected officer is merely a ministerial act and not a part of the act of
appointment. Instead, the elected officer is entitled to a certificate of election.
C. Appointments in the Civil Service
1. The Civil Service System
a. Scope ‐ all branches, subdivisions, instrumentalities and agencies of the
government including GOCCs with original charter. This covers the administrative
personnel of the entire government system, both national and local, including the
military.
b. Purpose ‐ to enable the national and local government and all its instrumentalities
and agencies to render more efficient services to the public by enabling them to
obtain efficient servants.
2. Classification of positions in the Civil Service
a. Career Service
● Characteristics:
i. Entrance based on merit and fitness to be determined as far practicable by
competitive examinations or are based on highly technical qualifications
ii. Security of tenure
iii. Opportunity for advancement to higher career positions
● It includes:
i. Open career positions for appointments requiring prior qualification in an
appropriate examination
ii. Closed career positions which are scientific or highly technical in nature.
iii. Positions in the Career Executive Service
iv. Career officers other than those in the Career Service who are appointed by the
President
v. Commissioned officers and enlisted men of the Armed Forces
vi. Personnel of government‐owned and controlled corporations whether performing
governmental or proprietary functions who do not fall under non‐career services; and
vii. Permanent laborer, whether skilled, semi‐skilled, or unskilled.
b. Non‐Career Service
i. Characteristics:
● Entrance bases other than those of the usual test of merit and fitness
● Tenure which is limited to a period specified by law or coterminous with that of the
appointing authority or subject to his pleasure or limited to the duration of a particular
project
ii. Includes:
● Elective officials and their personal or confidential staffs.
● Department heads and other officers of cabinet rank and their
staffs
● Chairmen and members of commissions and boards with fixed terms of office and
their staffs
● Contractual personnel
● Emergency and seasonal personnel
● Casual employees
3. Classes of positions in the career service
a. Three major levels:
● Clerical, trades, crafts, and custodial service positions
● Professional, technical, and scientific positions
● Career Executive Service
b. Requirement of competitive examinations
● Entrance to the first two levels are through competitive examinations
● Entrance to the third level is prescribed by the Career Executive Service Board
● For promotion to a higher position in one or more related occupational groups, no
examination is required within the same level. However, the candidate for promotion
must have previously passed the examination for the level.
4. Constitutional Classification
a. Competitive ‐ Those appointments are made according to merit and fitness as
determined by competitive examinations.
b. Non‐competitive ‐ Those appointments do not take into account merit and fitness
as determined by competitive examinations. These include positions which are
policy‐determining, primarily confidential, or highly technical in nature.
5. Determination of merit and fitness by competitive examinations
General Rule : The selection of any appointee to any government position shall be
made only according to merit and fitness to be determined, as far as practicable, by
competitive examinations to perform duties and assumes the responsibility of the
position, without regard to any other consideration such as sex, color, social status,
religion, or political affiliation.
6. Exemption from rule of non‐competitive positions
a. Through policy determining, primarily confidential and highly technical positions are
exempt from competitive examinations and still enjoy the operation of the principle:
“no office or employee in the Civil Service shall be removed or suspended except for
cause provided by law”.
b. Whether an administrative position is primarily confidential, policy‐determining, or
highly technical in the nature of the functions attached to the position.
c. Policy determining position
Its occupant is vested with the power of formulating policies for the government or
any of its agencies, subdivisions or instrumentalities.
d. Primarily confidential position
● Its occupants enjoys more than the ordinary confidence i his aptitude of the
appointing power but bears primarily such as close intimacy which insure freedom of
intercourse without embarrassment of freedom from misgiving of betrayal of personal
trust on confidential matters of the State. More than ordinary is required.
● A position may be considered primarily confidential when the President, upon
recommendation of Civil Service Commissioner, has declared it to be.
● It is the nature of the position which finally determines whether a position is
primarily confidential.
● Primarily confidential appointee is not subject to removal at the pleasure of the
appointing authority. Instead, termination of such an appointee’s official relation can
be justified on the ground of loss of confidence, which involves no removal but merely
the expiration of the term of office.
e. Highly‐technical position ‐ Its occupant is required to possess skills or training in
the supreme or superior degree.
7. Qualification standards in the Civil Service
1. These are the minimum requirements for a class of positions in terms of education,
training and experience, civil service eligibility, physical fitness, and other qualities
required for successful performance.
2. Use of Qualification Standards
● As basis for civil service examinations for positions in the career service
● As guides in the appointment and other personnel actions in the adjudication of
protested appointments
● In determining training needs
● As aid in the inspection and audit of the agencies personnel work programs
8. Kinds of appointment in the career service
a. Permanent ‐ One which is issued to a person who meets all the requirements for
the position including the appropriate eligibility prescribed.
b. Temporary or acting ‐ One which is issued to a person who meets all the
requirements for the position to which he is being appointed except the appropriate
civil service eligibility.
9. Instances of temporary appointment
a. Where the appointee does not possess civil service eligibility
b. Where the appointee has civil service eligibility but different from that which is
appropriate to the position for which he was appointed.
c. Where the appointment is made by the President to fill an executive office
during the absence or incapacity of the incumbent
d. Where the appointee has not passed any civil service examination
e. Where the new appointment is still subject to a condition and compliance has not
been made yet
f. Where a new incumbent has been appointed to fill the position of a regular
employee who has been illegally suspended or dismissed.
g. Where a person is designated as an officer in charge
h. Where the appointment is made at the pleasure of the appointing power
10. Separation of temporary employees
Can be terminated or withdrawn at the pleasure of the appointing power, without
notice of hearing, or a moment’s choice, and regardless of the grounds or reasons.
11. Qualification in an appropriate examination
a. Temporary appointment of non‐eligible in the absence of eligible
b. Appointment to a position requiring lower eligibility
c. Issuance/revocation of certificate of eligibility
12. Approval/recall of appointments by the Civil Service Commission
a. Appointments required to be approved:
● General Rule: The Civil Service Commission must approve all appointments,
whether original or promotional, to positions in the civil service and disapprove those
where the appointees do not possess the appropriate eligibility or required
qualifications.
● EXPN: Presidential appointments, members of the Armed Forces of the
Philippines, police forces, firemen, and jail guards.
b. Right of appointee to a hearing in case of disapproval
c. Effectivity of appointment until disapproval
d. Criterion to be employed
e. Extent of Commission’s authority
f. Attestation of appointment
g. Keeping of records of all appointments
h. Recall of appointment
i. Grounds for recall Rule VI, Sec. 20 Omnibus Implementing Regulations of the
Revised Administrative Code :
● Non‐compliance with the procedures/criteria provided in the agencies
Merit Promotion Plan;
● Failure to pass through the agency’s Selection/Promotion Board;
● Violation of the existing collective bargaining agreement between management and
employees relative to promotion; or
● Violation of other existing civil service law, rules and regulation.
D. Vacancy
There is a vacancy when an office is empty and without a legally qualified incumbent
appointed
or elected to it with a lawful right to exercise it powers and perform its duties.
1. Classifications
a. original – when an office is created and no one has been appointed to fill it;
b. constructive ‐ when the incumbent has no legal right or claim to continue in office
and can be legally replaced by another functionary;
c. accidental – when the incumbent having died, resigned, or been removed, there
is no one in esse discharging the duties of the office
d. absolute – when the term of an incumbent having expired and the latter not having
held over, no successor is in being who is legally qualified to assume the office
2. Causes of vacancy
a. Death, permanent disability, removal from office or resignation of the incumbent.
b. Abandonment, expiration of term, conviction of a crime, impeachment conviction,
acceptance of incompatible office, creation of a new office, reaching the age limit and
recall. Failure of persons chosen for office to accept or qualify for the office.
3. Filing of anticipated vacancies
a. Generally appointment legal – a prospective appointment to fill an anticipated
vacancy in a public office, made by the person or body which, as then constituted, is
empowered to fill the vacancy when it arises, is in the absence of express law
forbidding it, legal appointment, and vests title to the office in the appointee.
b. Where appointment to take effect after expiration of appointing power – but the
appointing power cannot forestall the rights and prerogatives of their successors by
appointing successors to offices expiring after its power to appoint has itself expired.
It is also plain that an appointment thus made by anticipation has no other basis than
expediency and convenience.
E. Qualifying to Office
1. Qualification
The person appointed or elected to a public office is usually required by law, before
entering upon the performance of his duties to do some act by which he shall signify
his acceptance of the office and his undertaking to execute the trust confided in him.
2. Oath of office for public officers and employees
a. Oath – is an outward pledge whereby one formally calls upon God to witness to
the truth of what he says or to the fact that he sincerely intends to do what he says
● Constitution – Article VII Section 5
● Administrative Code of 1987
● Local Government Code
3. Necessity of oath of office
a. When the public officer has satisfied the prerequisite of oath that his right to enter
into the position becomes plenary and complete.
b. Although the law usually requires the taking of an oath, it is not indispensable. It is
mere incident to the office and constitutes no part of the office itself.
c. The President, the Vice President, or the Acting President – oath taking is
mandatory
d. Unless the law expressly requires more, it is sufficient that the oath be taken
4. Officers authorized to administer oath
a. Notaries public, members of the judiciary, clerks of court, the Secretary of either
House of the Congress, Secretaries of departments, bureau directors, registrars of
deeds, provincial governors and lieutenant‐governors, city mayors, and any other
officer in the service of the government whose appointment is vested in the
President.
b. Officers whose duties, as defined by law or regulation.
5. Public officers and employees required to give bonds
Those to whom are entrusted the collection and custody of public money, and public
ministerial officers whose actions may affects the rights and interests of individuals.
6. Nature of public funds
a. Indemnity – binding the officer to discharge the duties of his office
b. Obligation binding the sureties to make good the officer's default
c. Collateral security
7. Necessity of giving official bonds
a. Mere incident of office
b. Where time prescribed within which to give bond
F. De Facto Officers
1. De facto doctrine
Is the principle which holds that a person who, by the proper authority is admitted and
sworn into office is deemed to be rightfully in such office until, by judicial declaration
in a proper proceeding, he is ousted therefrom, or his admission thereto is declared
void. Springs from the fear of the chaos that would result from multiple and repetitious
suits challenging every action taken by every official whose claim to office could be
open to question, and seeks to protect the public by insuring the orderly functioning of
the government despite technical defect in title to office.
2. De facto officer is one who has the reputation of being the officer he assumed to
be and yet is not good officer in point of law.
A person where the duties of the officer are exercised:
a. without a known appointment or election, but under such circumstance of
reputation or acquiescence as were calculated to induce people, without inquiry to
submit to or invoke his action, supposing him to be the officer he assumed to be; or
b. 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; or
c. under the color of a known election or appointment, void because the officer was
not eligible, or because there was a want of power in the electing or appointing body,
or by reason of some defect or irregularity in its exercise, such as ineligibility, want of
power, or defect being unknown to the public; or
d. under color of an election or an appointment by or pursuant to a public,
unconstitutional law, before the same is adjudged to such.
Officer is one who derives his appointment from one having colorable authority to
appoint if the office is an appointive office, and whose appointment is valid on its
face.
3. De jure officer is one who has the lawful right to the office in all respects, but who
has either been ousted from it, or who has never actually taken possession of it.
4. Requirements to become officer de jure
a. He must possess the legal qualifications for the office in question;
b. He must be lawfully chosen to such office; and
c. He must have qualified himself to perform the duties of such office according to the
mode prescribed by the Constitution of law.
5. Usurper or intruder is one who takes possession of the office and undertakes to
act officially without any color of right or authority, either actual or apparent.
6. Elements of de facto officership
a. There must be a de jure office
b. There must be a color of right or general acquiescence by the public.
c. There must be actual physical possession of the office in good faith.
7. Liabilities of a de facto officer
a. It may be stated generally that a d e facto officer is held the same degree of
accountability for official acts as a d e jure officer and cannot escape liability because
he has not qualified for failure to file a bond.
b. While official acts of a d e facto officer are valid and may be binding with regard to
third persons and the public the person so acting may be liable for all penalties
imposed by law for usurping or unlawfully holding office, or for exercising the
functions thereof without lawful right or without being qualified according to law.
c. It is likewise the general rule that a public officer cannot excuse his responsibility
for crimes committed in his official capacity by asserting that he was an officer de
facto .
d. A rightful incumbent of a public office may recover from a d e facto officer the
salary received by the latter during the time of his wrongful tenure, even though he
(the d e facto officer) occupied the office in good faith and under the color of title.
CHAPTER IV: POWERS, DUTIES, AND NORMS OF CONDUCT OFPUBLIC
OFFICERS
Source of powers and authority of public office.
 People themselves.
 Public law.
Authority of public officer not presumed.
Authority of public officer and private agents distinguished.
1. Private agents
a. Universal
b. General
c. Special
2. Public agents
a. General
b. Special/ Limited
Ascertainment of authority of public officer.
 Persons contracting with the public officer acting under a public law, must, at
their peril, ascertain the scope of the officer's authority, and are chargeable
with notice of the contents of the law conferring that authority.
Scope of power of a public officer.
1. Expressly conferred upon him by the law under which he has been
appointed or elected;
2. Expressly annexed to the office by the law which created it or some other
law referring to it; or
3. Attached to the office as incidents to it.
Territorial limitation of authority of public officers.
1. Limited to territory where law has effect.
2. Action at a place not authorized by law ordinarily invalid.
Duration of authority.
1. Duration of term as provided by the law.
2. Where officer chosen to act in reference to a particular subject.
Construction of grant of powers.
 Strict interpretation and will be construed as conferring those powers only
which are expressly imposed or necessarily implied.
Classification of powers and duties.
From their nature Ministerial. — Official duty is ministerial when it is absolute,
certain, and imperative involving merely execution of a specific
duty arising from fixed and designated facts.
Discretionary. — Discretionary or judicial duties are such as
necessarily require the exercise of reason in the adaptation of
means to an end, and discretion in determining how or
whether the act shall be done or the course pursued.
From the Mandatory. — Powers conferred on public officers are
standpoint of the generally construed as mandatory although the language may
obligation of the be permissive, where they are for the benefit of the public or
officer to perform individuals.
his powers and
duties Permissive. — Statutory provisions define the time and mode
in which public officers will discharge their duties, and those
which are obviously designed merely to secure order,
uniformity, system, and dispatch in public business, are
generally deemed directory.
From the Power of control. — It implies the power of an officer to
standpoint of the manage, direct or govern, including the power to alter or
relationship of the modify or set aside what a subordinate had done in the
officer to his performance of his duties and to substitute his judgment for
subordinates that of the latter.
Power of supervision. — Supervisory power is the power of
mere oversight over an inferior body. It does not include any
restraining authority over such body. He merely sees to it that
the rules are followed, but he himself does not lay down such
 rules, nor does he have the discretion to modify or replace
them.
Ministerial and discretionary powers distinguished.
1. Nature of act. — Determined by the facts of the particular case.
2. Exercise of discretion. — Whether the act complained of involves policy
making or judgment.
Meaning of discretion.
Discretion - act or the liberty to decide according to the principles of justice and one's
ideas of what is right and proper under the circumstances, without willfulness or favor.
Exercise of discretion limited.
 The exercise of the officer's discretion is still limited, by legal construction, to
the evident purposes of the act, and to what is known as a sound and legal
discretion, excluding all arbitrary, capricious, inquisitorial and oppressive
proceedings.
Ratification of unauthorized acts.
His acts may be ratified, except:
a. When an act which was absolutely void at the time it was done.
b. Not merely voidable.
State is not estopped by the unauthorized or illegal acts of its agents.
Where superior officers have authority to ratify the acts of their inferiors, they are
restricted to the ratification of acts and contracts which they themselves are
empowered to make.
Judicial review of official acts.
1. Where act involves exercise of discretionary power. — He is the sole and
exclusive judge of the existence of those facts.
2. Where act involves performance of purely ministerial duty. — Any person
who will sustain personal injury by such refusal may have a mandamus to
compel its performance.
3. Where act reviewed done without jurisdiction. —The courts are not bound by
an officer’s interpretation of the law under which he presumes to act.

Remedy to compel exercise of duty. Norms of conduct of public officials and employees.
 Purely ministerial - the courts will require specific action. 1. Public office is a public trust.
 Purely discretionary - the courts, by mandamus, will require action only. 2. Standards of personal conduct.
a. Commitment to public interest.
Delegation of discretionary powers. b. Professionalism.
 Unless the power to substitute another in his place has been given to him, a c. Justness and sincerity.
public officer cannot delegate his duties to another. d. Political neutrality.
e. Responsiveness to the public.
Delegation of ministerial powers. f. Nationalism and patriotism.
It can be delegated, except: g. Commitment to democracy.
 Expressly prohibited. h. Simple living.
 Expressly requires the act to be performed by the officer in person. 3. Duties of the Civil Service Commission.
a. Promote observance of these standards; and
Time to perform official acts. b. Continue to research and experiment on measures which provide
1. Where no time stated in statute. — Must be performed within a reasonable positive motivation to public officials and employees.
time.
2. Where time stated in statute. — The time period expressed is to be System of incentives and rewards.
construed as directory and not mandatory, unless the nature of the act to be 1. Criteria.
performed or the language used in the statute evidences an intention to limit a. Years of service;
the power of the officer. b. Quality and consistency of performance;
c. Obscurity of the position;
d. Level of salary;
 e. Unique and exemplary quality of achievement;
f. Risk or temptation inherent in the work; and
g. Any similar circumstances or consideration in favor of the particular
awardee.
2. Form of incentives and rewards.
a. Bonuses; or
b. Citations; or
c. Directorship in government-owned or –controlled corporations; or
d. Local and foreign scholarship grants; or
e. Paid vacations; and
f. Automatic promotion to the next higher position suitable to his
qualifications and with commensurate salary.
3. Committee on Awards. — Composed of the following:
a. The Ombudsman
b. Chairman of the Civil Service Commission as Co-Chairmen
c. Chairman of the Commission on Audit
d. Two (2) government employees to be appointed by the President as
members.
Purpose:
a. Conduct a periodic, continuing review of performance of officials and
employees in all departments, offices, and agencies;
b. Establish a system of annual incentives and rewards to the end that due
recognition is given to officials and employees of outstanding merit;
c. Determine the form of rewards to be granted;
d. Formulate and adopt its own rules to govern the conduct of its activities.
4. Secretariat. — Provide secretariat services to the Committee.
Duties of public officers as trustees for the public.
1. In General Duties
a. Duty to obey the law.
b. Duty to accept and continue in office.
c. Duty to accept burden of office.
d. Duty as to diligence and care.
e. Duties in choice and supervision of subordinates.
2. Ethical duties.
a. Duty as to outside activities. rights
b. Duty where personal interest is involved.
c. Duty to act with civility.
Duty to make financial disclosure.
 To maintain public confidence in government and in public officials and
employees,
 To avoid conflicts of interest from arising, to deter corruption,
 To provide the citizens with information concerning a public officer's financial
affairs.
Specific duties of public officials and employees.
1. Act promptly on letters and requests.
2. Submit annual performance reports.
3. Process documents and papers expeditiously.
4. Act immediately on the public's personal transactions.
5. Make documents accessible to the public.
Actions on requests and petitions.
1. General rule - shall do so immediately, without discrimination, and in no
case beyond fifteen (15) working days from receipt of the request or petition.
2. In case of written requests - shall act on the same within fifteen (15) working
days from receipt thereof.
3. The department, office, or agency must take action within a period of fifteen
(15) working days.
Processing of papers and documents.
Within a reasonable time from the preparation thereof, in accordance with the
following rules:
1. As prescribed by the law;
2. If law is silent, head of department, office, or agency to determine
reasonable time, taking into account the:
a. Nature, simplicity or complexity of the subject matter;
b. Completeness or inadequacy of requirements;
c. Lack of resources caused by circumstances beyond the control of the
department, office, or agency or official or employee concerned;
d. Legal constraints;
e. Fault, failure or negligence of the party concerned which renders
decision or action not possible or premature; and
f. Fortuitous events or force majeure.
Signing of any written action or decision.
 Must contain no more than three (3) initials or signatures.
Public disclosure of statements of assets and liabilities.
1. Statement of Assets and Liabilities and Financial Disclosure.
a. Contents.
  real property, its improvements, acquisition costs, assessed value
and current fair market value;
 personal property and acquisition cost;
 all other assets such as investments, cash on hand or in banks,
stocks, bonds, and the like;
 financial liabilities, both current and long-term;
 all business interests and financial connections,
b. When to file.
 within thirty (30) days after assumption of office, statements of
which must be reckoned as of his first day of service;
 on or before April 30, of every year thereafter, statements of which
must be reckoned as of the end of the preceding year;
 within thirty (30) days after separation from the service, statements
of which must be reckoned as of his last day in office.
c. Where to file.
 President, Vice-President, and Constitutional Officials, with the
National Office of the Ombudsman;
 Senators and Congressmen, with the Secretaries of the Senate
and the House of Representatives, respectively; Justices, with the
Clerk of the Supreme Court; Judges, with the Court of
Administrator; and all national executive officials, such as members
of the Cabinet, Undersecretaries, and Assistant Secretaries,
including the foreign service and heads of government- owned or -
controlled corporations with original charters and their subsidiaries
and state colleges and universities, with the Office of the President;
 Regional and local officials and employees, both appointive and
elective, including other officials and employees of government-
owned or -controlled corporations and their subsidiaries, with the
Deputy Ombudsman in their respective regions;
 Officers of the armed forces from the rank of colonel or naval
captain, with the Office of the President, and those below said
ranks, with the Deputy Ombudsman in their respective regions; and
 All other public officials and employees, defined in Republic Act No.
3019, as amended, with the Civil Service Commission.
d. Authority in favor of Ombudsman. — Execute, within thirty (30) days
from the date of their assumption of office, the necessary authority in
favor of the Ombudsman to obtain from all appropriate government
agencies such documents as may show their assets, liabilities, net
worth.
2. Identification and disclosure of relatives. — Such relatives shall include
those up to the fourth civil degree of relationships, either of consanguinity or
affinity.
3. Accessibility of documents.
a. At reasonable hours.
b. Made available for copying after ten (10) working days from the time
they are filed.
c. Available to the public for a period of ten (10) years after receipt of the
statement.
4. Prohibited acts.
a. any purpose contrary to morals or public policy; or
b. any commercial purpose other than by news and communications
media for dissemination to the general public.
5. Authority/ responsibility of certain officials - Authority to determine whether
said statements have been properly accomplished:
a. In the case of Congress, the designated committees of both Houses of
Congress subject to approval by the affirmative vote of the majority of
the particular House concerned;
b. In the case of the Executive Department, the heads of departments,
offices, and agencies insofar as their respective departments, offices
and agencies are concerned subject to approval of the Secretary of
Justice;
c. In the case of the Judicial Department, the Chief Justice of the Supreme
Court; and
d. In case of the Constitutional Commissions and other Constitutional
Offices, the respective Chairman and members thereof; in the case of
the Office of the Ombudsman, the Ombudsman.
6. Review and compliance procedures.
7. Basis in monitoring income and lifestyle of government officials and
employees. — Sworn Statement of Assets and Liabilities (SSAL).
Transparency of transactions and access to information.
1. Ensure transparency of public transactions.
2. Provide official information, except if:
a. must be kept secret in the interest of national defense or security or the
conduct of foreign affairs;
b. would put the life and safety of an individual in imminent danger;
c. falls within the concepts of established privilege or recognized
exceptions as may be provided by law;
d. information, record, or document comprises drafts of decisions, orders,
rulings, policy-decisions, memoranda, etc.;
e. would disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;
 f.would disclose investigatory records compiled for law enforcement
purposes that will cause partial adjudication; or
g. premature disclosure that will endanger the stability of financial
institution.
3. Establish information systems. — for the purpose of informing the public of
such policies, programs, and accomplishments, and not to build the public
image of any official or employee or advance his own personal interest.
Reforms on public administrative systems.
1. Conduct value development programs.
2. Conduct professional, etc. programs.
3. Conduct studies and analyses of work systems.
4. Develop and make available a service guide.
5. Consult the public for feedbacks and suggestions.
6. Conduct research and experimentation.
7. Designate a resident Ombudsman.
8. Consult and dialogue with staff.
CHAPTER V: RIGHTS AND PRIVILEDGES OF PUBLIC OFFICERS
A. IN GENERAL
Rights incident to public office
Rights as a citizen
a. Protection from publication commenting on his fitness and the like
b. Engaging in certain political and business activities
B. RIGHT TO COMPENSATION
Power of Congress to fix compensation
a. Power primarily but not exclusively legislative in character
b. Power may be delegated subject to statutory limitations
Compensation, not an element of public office
Forms of compensation defined and distinguished
A. Compensation
means pay for doing all that may be required whether it is in the form of a fixed
salary or wages, per diems, fees, commissions, or perquisites of whatever character.
it is distinguished from honorarium, as honorarium is given not as a matter of
obligation but in appreciation for services rendered; a voluntary donation in
consideration of services which admit of no compensation in money.
B. Salary
is the personal compensation to be paid to the public officer for his services, it is
generally a fixed annual or periodical payment depending on the time and not the
amount of service.
It is distinguished from wages, as wages is given to officers of lesser rank and paid
per day or week.
C. Per diem
is merely one forms of compensation granted to public officers which is fixed, not as
ordinarily by the year or by the month but by the day.
is a daily allowance given for each day an officer or employee of government is
away from her home base. It is intended to cover the cost of lodging and subsistence
of officers and employees when the latter are on duty outside of their permanent
station.
Could rightfully be considered a compensation or remuneration attached to an
office.
not deemed to be a salary within the Constitutional provision that no change in the
compensation of officers shall affect the salary of any officer during his existing term.
D. Emoluments
refers to the profits arising from the office, and that which is received as
compensation for services or which is annexed to the office as salary, fees or
perquisites.
Includes fees and compensation as the incumbent of the office is, by law, entitled to
receive.
Allowances are included in the term “emoluments” (i.e., representation and
transportation, housing, etc.)
 Basis of right to compensation o The salary of a public officer may not be subject of garnishment, attachment, or
order of execution, nor be seized before being paid to him, and appropriated for the
1. Creation of law payment of his debts for the following reasons:
2. Services rendered
3. Compensation fixed by law 1. While the money is still in the hands of the disbursing officer, it belongs to the
4. Legal title to office Government;
5. Amount of compensation
6. Ex oficio position 2. Public policy forbids such practice since it would be fatal to the public service;

Recovery of compensation 3. The garnishment or attachment of an officer’s salary is tantamount to a suit against
the State in its own court, which is
1. From the government prohibited except with its consent.

a. De jure officer cannot recover that which has been paid to a de facto officer unless Agreements affecting compensation
the government continues to pay even after having received notice of an adjudication
in favor of the de jure. a. Compensation is given not only for remuneration of services but also to enable
the incumbent to give due attention to his official duties and to perform them better.
b. In cases where there is no de jure officer, a de facto officer is legally entitled to the
emoluments of the office if he is: o Any agreement respecting such compensation is invalid as against public policy if it
tends to pervert such compensation to purpose other than that for what it was
1. In good faith intended. This rule specifically refers to unperformed services and the salaries
2. Has possession of the office attached thereto and to those already performed which the officer can validly
3. Has discharge of the duties of said office disburse as he may see fit.

2. From the de facto officer b. The following agreements are invalid:

a. After the notice of adjudication in favor of the de jure officer, the de facto officer is
not entitled to keep what has been paid for services rendered.
b. Also, where the tenure of the de facto was wrongful, the salary received by such
may be recovered.
3. From the intruder or usurper
o An intruder or usurper has no right to the salary or emoluments of the office. He
becomes liable to the de jure officer in an action for money he had received.
Salary not subject to garnishment
Garnishment
is a kind of attachment for reaching credits belonging to the judgment debtor owing
to him from a stranger to litigation.
1. Agreement to accept, or acceptance of less or other than legal compensation
2. Sale, assignment, or barter of said compensation
3. Dividing compensation with others if it amounts to an anticipatory agreement
Prohibition against diminution of salary
a. Congress has absolute power to fix or alter the compensation of public officers,
except as provided by the Constitution.
b. The Constitution prohibits Congress from reducing the salary of the following
constitutional officers during their term or tenure in order to secure their
independence:
1. President and Vice-President
2. Chief Justice, Associate Justices of the Supreme Court, and judges of lower courts
3. Chairmen and members of the Constitutional Commissions
4. Ombudsman and his Deputies
o The Code of Conduct and Ethical Standards for Public Officials and Employees
Prohibition against receiving additional, double, or indirect compensation (Republic Act no. 6713) and the Implementing Rules on:

“No elective or appointive public officer or employee shall receive additional, double, a. Rewards and incentives
or indirect compensation, unless specifically authorized by law, nor accept without the b. Norms of conduct and ethical standards
consent of the Congress, any present, emolument, office, or title of any kind from any c. Duties and obligations of public officers and employees
foreign government. d. Prohibitions and sanctions
enumerated in the Implementing Rules
Pensions or gratuities shall not be considered as additional, double, or indirect e. Civil and criminal liability
compensation.” (Constitution, Article IX-B, Section 8)
4. Exemptions
The prohibition does not apply in the following cases:
o Those who render free voluntary service are exempted from the following:
1. The law, in certain instances, specifically authorizes payment where it appears just
and necessary a. Filing of statements of assets and liabilities and net worth, and financial disclosures
2. Additional compensation is received not from government or any of its entities b. Requirement of divestment
3. In case of double appointments where there are 2 distinct offices, the public officer c. Eligibility requirements
may draw the salary attached to the 2nd position only when law specifically d. Security of tenure
authorizes him.
Free voluntary service to the government 5. Prohibitions

Free voluntary service o Unless otherwise provided in the terms of their designations, volunteers are
refers to services rendered by persons who are in government without pay or prohibited from:
compensation.
a. Exercising supervisory functions over personnel
1. Requirements for free voluntary service b. Exercising functions of positions involving national security
c. Having access to confidential or classified information unless authorized by proper
a. Issuance of an appointment document authorities
b. Fitness and suitability for the duties and responsibilities of the particular position d. Occupying regular plantilla positions
c. Compliance with the rule on nepotism e. Having such services credited as government service and availing themselves of
retirement benefits
2. Functions or services that volunteers can perform: f. Using facilities and resources of the office for partisan political purposes
g. Receiving any pecuniary benefit such as honoraria, allowances, and other
a. Advisory perquisites of office.
b. Consultancy or counseling
c. Recommendatory C. OTHER RIGHTS
d. Professional services 1. Rights under the Constitution
e. Staff work such as planning or research
f. Humanitarian a. Right to self-organization
b. The right to protection of temporary employees
3. Applicable laws and rules c. Freedom of members of Congress from arrest and from being questioned
d. The right not to be removed or suspended except for cause provided by law
2. Participation in prohibited activity or mass action
“Prohibited concerted activity or mass action”
refers to any collective activity undertaken by government employees either by
themselves or through their employees’ organizations, with the intent of effecting
work stoppage or service disruption in order to realize their demands or force
concessions, economic or otherwise, from their respective agencies or the
government.
It means restoration to a state or condition from which one has been removed or
separated.
5. Reemployment
6. Detail
It is the movement of an employee from one department or agency to another
without the issuance of appointment and shall be allowed only for a limited period in
case of employees occupying professional, technical, and scientific positions.

3. Rights under the Civil Service Decree and the new Administrative Code 7. Reassignment

a. The right to preference in promotion 8. Demotion

b. The right to present complaints and grievances
c. The right not to be suspended or dismissed except for cause as provided by law It is the movement from one position to another involving the issuance of an
and after due process appointment with diminution in duties, responsibilities, status, grade or rank which
d. Right to organize may or may not involve reduction in salary.

NEXT-IN-RANK RULE 5. Rights under the Revised Government Service Insurance Act

4. Personnel actions o Covered employees are entitled to the following benefits:

refers to any action denoting movement or progress of personnel in the civil service 1. Retirement benefits
which must be in accordance with the rules or standards promulgated by the Civil 2. Separation benefits
Service . 3. Unemployment or involuntary separation benefits
4. Disability benefits
o Personnel actions include the following: 5. Survivorship benefits
6. Funeral benefits
1. Appointment through certification 7. Life insurance benefits

2. Promotion 6. Pension
It is the advancement from one position to another with an increase in duties and
responsibilities as authorized by law and usually accompanied by an increase in pay. are regular allowances paid to an individual or group of individuals by the
government in consideration of services rendered, or in recognition of merit, civil or
3. Transfer military
It is the movement from one position to another of equivalent rank, level, or salary
without break in service involving issuance of appointment. Pension and gratuity distinguished
o Gratuity is a donation and act of pure liberality on the part of the State.
4. Reinstatement
7. Retirement
 as a withdrawal from office public station, business, occupation, or public duty.
8. Right to reimbursement and indemnity
9. Right to reinstatement and back salary
o Reinstatement
Is the restoration to a state or condition from which one had been removed or
separated.
o Back Salary
Is a form of relief that restores the income that was lost by reason of unlawful
dismissal.
10. Rights to property, devices and inventions
11. Right to recover reward for performance of duty
CHAPTER VI: DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS
A. Constitutional Prohibitions
I. Disabilities of President, Vice-President, Members of Cabinet, and their
Deputies and Assistants
1. They shall not hold, unless otherwise provided in the Constitution, any other office
or employment;
2. They shall not practice any other profession;
3. They shall not participate, directly or indirectly, in any business;
4. 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 subdivision,
agency or instrumentality thereof including any government-owned or controlled
corporation or their subsidiaries; and
5. They shall strictly avoid conflict of interest in the conduct of their office.
II. Disabilities of the members of the Congress
1. No senator or member of the House of Representatives may hold any other office
or employment in the Government, or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations or their subsidiaries,
during his term without forfeiting his seat;
2. Neither shall he be appointed to any office which may have been created or the
emoluments thereof increased during the term for which he was elected;
3. No Senator or Member of the House of Representatives may personally appear as
counsel before any court of justice before the Electoral Tribunals, or quasi-judicial
and other administrative bodies;
4. Neither shall he, directly or indirectly, be interested financially in any contract with,
or in any franchise or special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including any government-owned or
controlled corporation, or its subsidiary, during his term of office. 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;
5. 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 the Congress.
III. Disqualifications to hold any other office or employment in the government
1. Incompatible office – This include any kind of office or employment in the
government, or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries during his term.
The phrase “Any other office or employment” includes any position in the government
outside of Congress, including ex-officio membership of any non-congressional body,
committee or commission in any guise whatsoever, unless the second office or
employment is connected with or in aid of legislative duties.
2. Forbidden office – This refers to any office created or the emoluments of which
have been increased during the term for which he was elected, not merely during his
tenure or period of actual insolvency.
IV. Prohibition against financial interest
1. Appearance as counsel before any court of justice, etc. – A member of congress
shall not appear personally as counsel before any court of justice or before the
electoral tribunals or quasi-judicial and other administrative bodies.
2. Financial interest in any contract with the government – He shall not, directly or
indirectly, be interested financially in any contract with the government, etc., during
his term of office whether as an individual or as a member of a partnership or as an
officer of a corporation.
3. Financial interest in any special privilege by the government – He shall not, directly
or indirectly, be interested financially in any franchise or special privilege granted by
the government, etc., during his term of office.
4. Intervention in certain matter – 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 member of Congress.
V. Disabilities of members of Constitutional Commission
1. No member of a Constitutional Commission shall, during his tenure, hold any other
office or employment.
2. Neither shall he engage in the practice of any profession or in the active
management or control of any business which in any way may be affected by the
functions of his office.
3. Nor he shall be financially interested, directly or indirectly, in any contract with, or in
any franchise or privilege granted by the government, any of its subdivisions,
agencies, or instrumentalities, including government-owned or controlled corporations
or their subsidiaries.
VI. Prohibition against designation of members of judiciary to administrative
positions
Article VIII Section 12
“ The members of the Supreme Court and of other courts established by law shall not
be designated to any agency performing quasi-judicial or administrative functions.”
VII. Prohibition against engaging in partisan political activities
Article IX-B, Section 2, par. 4
“No officer or employee in the civil service shall engage, directly or indirectly, in any
electioneering or partisan political campaign.”
Article XVI, Section 5, par. 3
“Professionalism in the armed forces and other remuneration and benefits of its
members shall be a prime concern of the State. The armed forces shall be insulated
from partisan politics.
No member of the military shall engage directly or indirectly in any partisan political
activity, except to vote.”
VIII. Prohibition against appointment of elective officials
Article IX, Section 7
“xxx No elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure .”
IX. Prohibition against holding more than one position by appointive officials
Article IX-B, Section 7
“Unless otherwise allowed by law or by the primary functions of his position, no
appointing official shall hold any other office or employment in the Government or any
subdivision, agency or instrumentality thereof, including, government-owned or
controlled corporations or their subsidiaries.”
X. Prohibition against acceptance of any present, etc. from any foreign state
Article IX-B, Section 8
“No elective or appointive public officer or employee shall xxx accept without the
consent of the Congress, any present, emolument, office, or title of any kind from any
foreign government.”
XI. Prohibition against receiving additional, double, or indirect compensation
Article IX-B, Section 8
“No elective or appointive public officer or employee shall receive additional, double
or indirect compensation, unless specifically authorized by law xxx.
Pensions and gratuities shall not be considered as additional, double or indirect
compensation.”
XII. Prohibition against appointment of members of the armed forces to certain
positions
Article XVI, Section 5, par. 4
“No member of the armed forces in the active service shall, at any time, be appointed
or designated in any capacity to a civilian position in the Government including
government-owned or controlled corporations or any of their subsidiaries.”
XIII. Prohibition against grant of loan, guaranty, or other form of financial
accommodation
Article XI, Section 16
“No loan, guaranty, or other form of financial accommodation for any business
purpose may be granted, directly or indirectly, by any government-owned or
controlled bank or financial institution to the President, the Vice-President, the
Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional
Commissions, the Ombudsman, or to any firm or entity in which they have controlling
interest, during their tenure.”
B. Prohibitions Under Existing Laws
CESO (PD 807)
Political Activity - No officer or employee in the Civil Service including members of the
Armed Forces, shall engage directly or indirectly in any partisan political activity or
take part in any election except to vote nor shall he use his official authority or
influence to coerce the political activity of any other person or body. Nothing herein
provided shall be understood to prevent any officer or employee from expressing his
views on current political problems or issues, or from mentioning the names of
candidates for public office whom he supports: Provided, That public officers and
employees holding political offices may take part in political and electoral activities but
it shall be unlawful for them to solicit contributions from their subordinates or subject
them to any of the acts involving subordinates prohibited in the Election Code.
Additional or Double Compensation- No elective or appointive public officer or
employee shall receive additional or double compensation unless specifically
authorized by law nor accept without the consent of the President, any present,
emolument, office, or title of any kind from any foreign state.
Limitation on Employment of Laborers- Laborers, whether skilled, semi-skilled or
unskilled, shall not be assigned to perform clerical duties.
Prohibition on Detail or Reassignment- No detail or reassignment whatever shall be
made within three (3) months before any election.
Nepotism - All appointments made in favor of a relative of the appointing or
recommending authority, or of the chief of the bureau or office, or of the persons
exercising immediate supervision over him, are hereby prohibited.
LGU Officers
Business and Pecuniary interest
Business transaction with local government unit in which he is an official or employee
over which he has the power of supervision, or with any of its authorized board,
official, agents, or attorneys, whereby money is to be [paid or property or any other
thing of value is to be transferred directly or indirectly out of the resources of the LGU
unit to such person or firm.
Cockpits
Forfeited real estate in favor of LGU for unpaid taxes or by virtue of a legal process at
the instance of the said LGU.
Use of Public property for private purposes
ETC.
Practice of Profession
those members of the Bar
Appear as counsel before any court in any civil and criminal cases case wherein a
local LGU or any office, agency or instrumentality is the adverse party
Collect any fee for their appearance in admin proceedings involving LGU of which he
is an official
Use property or personnel of government except when the SB member concerned is
defending the interest of the Govt
LGU official in medical profession may exercise profession even during official hours
of work during emergencies provided that the officials concerned do not derive
monetary compensation.
Partisan Political Activity
Property in Public Auctions
The following persons cannot acquire by purchase, even at a public or judicial
auction, either in person or through the mediation of another:
(1) The guardian, the property of the person or persons who may be under his
guardianship;
(2) Agents, the property whose administration or sale may have been entrusted to
them, unless the consent of the principal has been given;
(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision
thereof, or of any government-owned or controlled corporation, or institution, the
administration of which has been entrusted to them; this provision shall apply to
judges and government experts who, in any manner whatsoever, take part in the
sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and
other officers and employees connected with the administration of justice, the
property and rights in litigation or levied upon an execution before the court within
whose jurisdiction or territory they exercise their respective functions; this prohibition
includes the act of acquiring by assignment and shall apply to lawyers, with respect to
the property and rights which may be the object of any litigation in which they may
take part by virtue of their profession.
(6) Any others specially disqualified by law.
The prohibitions in the two preceding articles are applicable to sales in legal
redemption, compromises and renunciations.
BSP
Outside the interest of the Gov. and Full time monetary board members
Personnel (Anti-Graft and Code of Ethical Standards)
BIR
Unlawful divulgence of trade secrets (PD 1158 sec 269)
Unlawful interest of revenue law enforcers in business. (PD 1158 sec 270)

Anti-Graft
Influencing other public officer to perform an offense in connection with official duties
Requesting or receiving any gift in connection with his official duties
Causing any undue injury to any party
Entering on behalf of the Govt into a contract to the disadvantage of another
Having financial or pecuniary interest in any business which is prohibited by law
Becoming interested for personal gain in any transaction requiring the approval of the
board or company
Approving or granting any license or permit in favor of any person known to him to be
not qualified or legally entitled to such license
Code of Conduct and Ethical Standards
(a) Public officials and employees shall not, directly or indirectly, have any financial or
material interest in any transaction requiring the approval of their office.
(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant,
counsel, 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 authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict with
their official functions; or
(3) Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after
resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with, in which
case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and
employees shall not use or divulge, confidential or classified information officially
known to them by reason of their office and not made available to the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not 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 or in
connection with any operation being regulated by, or any transaction which may be
affected by the functions of their office.
Divestment (RA 6713, sec 3, f,g,I,j,k)
A public official or employee shall avoid conflicts of interest at all times. When a
conflict of interest arises, he shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of office and/or divest himself of
his shareholdings or interest within sixty (60) days from such assumption.
The same rule shall apply where the public official or employee is a partner in a
partnership.
The requirement of divestment shall not apply to those who serve the Government in
an honorary capacity nor to laborers and casual or temporary workers.
"Conflict of interest" arises when a public official or employee is a member of a board,
an officer, or a substantial stockholder of a private corporation or owner or has a
substantial interest in a business, and the interest of such corporation or business, or
his rights or duties therein, may be opposed to or affected by the faithful performance
of official duty.
"Substantial stockholder" means any person who owns, directly or indirectly, shares
of stock sufficient to elect a director of a corporation. This term shall also apply to the
parties to a voting trust.
"Divestment" is the transfer of 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 relatives as defined in this
Act.
"Relatives" refers to any and all persons related to a public official or employee within
the fourth civil degree of consanguinity or affinity, including bilas, inso and balae.
"Family of public officials or employees" means their spouses and unmarried children
under eighteen (18) years of age.
CHAPTER VII: LIABILITIES OF PUBLIC OFFICERS
A. In General
Doctrine of official immunity from liabilities for public officers
The promotion of fearless, vigorous, and effective administration of policies
of government. The threat of suit could also deter competent people from accepting
public office.
Official immunity and State immunity distinguished
 Official immunity is by protecting the public official in the Administrative Cases/Matters Criminal and Civil Cases
performance of his government function. It serves as a protective aegis
for public officials from tort liability for damages arising from Purpose Protection of public service Punishment of crimes
discretionary acts or functions in the performance of their official duties. Constitution of the act Solely administrative May be administrative and
or omission criminal
State immunity does not apply in causes of action which do not
seek to impose a charge or financial liability against the government. Case administration Does not bar from criminal penalty; Does not foreclose administrative
action, if due to insufficiency of
Does not bar from filing of criminal evidence;
Official immunity not absolute. Hence, such immunity shall only information;
apply to the following: Will not necessarily result to
Double jeopardy does not apply liability in the administrative case
1. Suit to enforce liability for personal torts; and Prejudicial Question Not applicable
2. Suit to compel performance of official duty or restrain performance of
an act.
Exceptions:
a. A public officer may be sued as such to compel him to do an act required Proceedings against public officers
by law;
b. From enforcing a law claimed to be unconstitutional; and 1. Evidence and procedure
c. The government itself violated its own laws. Substantial evidence – such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.
Liability based upon and co-extensive with duty 2. Right to be informed of findings and recommendations of an investigating
committee.
Two Classes of public officers 3. Object of administrative proceedings.
4. Right to counsel.
1. Those whose duty is owing solely to the public; and 5. Effect of death.
2. Those whose duty is owing in some degree to the individuals.
Administrative liability incurred in a previous term by an elective official
Three-fold responsibility of public officers
1. Re-election operates as electorate condonation of a previous misconduct
1. CIVIL. If individual is damaged by the violation of duty, the officers shall be held Condonation Rule – applied regardless of the date of filing of the
liable civilly to reimburse the injured party; administrative complaint as long as the wrongdoing was committed prior to the date
2. CRIMINAL. If the law has attached a penal sanction, the officer may be punished of re-election.
criminally;
3. ADMINISTRATIVE. The violation of disciplinary power may lead to imposition of 2. Condonation does not extend to reappointed coterminous employees.
fine, reprimand, suspension, or removal from office, as the case maybe. 3. Re-election does not extinguish criminal or civil liability
The rule that “when the people have elected a man to his office it must
be assumed that they did this with knowledge of his life and character and that
Criminal and civil cases different from administrative matters they disregarded or forgave his faults or misconduct if he had been guilty of
(Criminal and civil cases VS. Administrative matters) any” - refers only to an action for removal from office and does not apply to criminal
case.
B. Civil Liability
Requisites for recovery of damages arising from acts of public officers
Two things that must concur in order to create the right of action:
1. Damage to himself; and
2. A wrong or violation of the right of a party committed by the other.
Effect of contributory negligence of injured party
Rule: Public officers should be held to a faithful performance of their official
duties, and made to answer in damages to all persons who may have been
injured through their malfeasance, omission or negligence.
Liability of the President for Official Acts
1. Civil responsibility
2. Criminal Liability
3. Liability for Damages
Liability of other Executive Officials for Official Acts
Government officials performing discretionary functions generally are shielded from
liability for civil damages insofar as their conduct does not violate clearly
established statutory or constitutional rights which any reasonable person would have
known.
Reasons for immunity
a. Immunity is necessary because the imposition of monetary costs for
mistakes which were not unreasonable in the light of all circumstances
would undoubtedly deter the most conscientious governmental decision
maker from exercising his judgment independently, forcefully and in a matter
best serving the long-term interest of the public
b. Officials with broad range of duties and authority must often act swiftly and
firmly at the risk that an action deferred will be futile or constitute virtual
abdication of office.
Liability of Legislative Officials for Official Acts
Members of the Congress are not only exempt from general liability but certain
special privileges are accorded them by the Constitution.
Reasons for immunity
Members of public legislative bodies are chosen to enact such laws and regulations
or rules of conduct as in their judgment best suited to the welfare and prosperity of
the people within their jurisdiction. The performance of this duty is owing to the public
and not to individuals.
Liability of Members of the Judiciary for Official Acts
1. Reasons for immunity
a. The necessary result of the liability would be to occupy the judge’s
time and mind with the defense of his own interests, when he
should be giving them up wholly to his public duties, thereby
defeating to some extent the very purpose for which his office was
created.
b. The effect of putting the judge on his defense as wrongdoer
necessarily is to lower the estimation in which his office is held by
the public, and any adjudication against him lessens the weight of
his subsequent decisions.
c. The civil responsibility of the judge would often be an incentive to
dishonest instead of honest judgments, and would invite him to
consult public opinion and public prejudices when he ought to be
wholly above and uninfluenced by them.
d. Such civil responsibility would constitute a serious obstruction to
justice, in that it would render essential a large increase in the
judicial force, not only as it would multiply litigation, but as it would
open each case to endless controversy. If one judge can be tried
for his judgment, the one who presides on the trial may also be
tried for his, and thus the process may go on until it becomes
intolerable.
e. Where the judge is really deserving of condemnation, a prosecution
at the instance of the state is a much more effectual method of
bringing him to account than the private suit.
 f. Judicial offices would never be accepted by any man of standing,
reputation or financial worth, if at the peril of his fortune, he must
justify his judgments to the satisfaction of another judge at the
instance of a dissatisfied litigant.
2. Liability for rendering an unjust judgment
3. Liability for gross ignorance of law and incompetence
4. Quantum of proof necessary to support administrative charges
Liability of Quasi-judicial Officers for Official Acts
1. Nature of functions
2. Reasons for Immunity
3. Liability for ministerial acts
Liability of Ministerial Officers for Official Acts
1. General Rule
Purely Ministerial Act or Duty – an act which an officer or tribunal performs
in a given state of facts, in a prescribed manner, in obedience to the
mandate of the legal authority, without regard to the exercise of his own
judgment upon the propriety or impropriety of the act done.
2. Requisites for liability
3. Liability where officer also acts extra-judicially
Kinds of Liability of Ministerial Officer
1. Nonfeasance or the neglect or refusal, without sufficient excuse, to perform
an act which it was the officer’s legal duty to the individual to perform;
2. Misfeasance or the failure to use, in the performance of a duty owing to an
individual, that degree of care, skill and diligence which the circumstances of
the case reasonably demand; and
3. Malfeasance or the doing, either through ignorance, inattention or malice, of
that which the officer has no legal right to do at all, as where he acts without
any authority whatever, or exceeds, ignores or abuses his powers.
Liability of Superior Officer for Acts of Subordinates
1. General Rule
2. Exceptions
a. Where, being charged with the duty of employing or retaining his
subordinates, he negligently or willfully employs or retains unfit or
improper persons; or
b. Where, being charge with the duty to see that they are appointed or
qualified in a proper name, he negligently or willfully fails to require
them the due conformity to the prescribe regulations; or
c. Where he so carelessly or negligently oversees, conducts or
carries on the business of his office as to furnish the opportunity for
the default; or
d. A fortiori, where he has directed, authorized or cooperated in the
wrong; or
e. Where liability is expressly provided in the statute.
3. Other Exceptions
Liability of Subordinates
1. Same rules as those applicable to officers of higher rank
2. Where acts done pursuant to orders or instructions
Liability for Tortious Acts
1. Acts done within scope of official authority
2. Acts done without or in excess of official authority
Liability under the Civil Code
1. For failure or neglect to perform official duty
2. For violating rights and liberties of private individuals
a. Freedom of Religion;
b. Freedom of speech;
c. Freedom to write to the press or to maintain a periodical
publication;
d. Freedom from arbitrary or illegal detention;
e. Freedom of suffrage;
f. The right against deprivation of property without due process of
law;
g. The right to a just compensation when private property is taken for
public use;
h. The right to the equal protection of laws;
 i. The right to be secure in one’s person, house, papers, and effects
against unreasonable searches and seizures;
j. The liberty of abode and of changing the same;
k. The privacy of communication and correspondence;
l. The right to become a member of association or societies for
purposes not contrary to law;
m. The right to take part in a peaceful assembly to petition the
government for redress of grievances;
n. The right to be free from involuntary servitude in any form;
o. The right of the accused against excessive bail;
p. The right of the accused to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him,
and to have a speedy and public trial, to meet witnesses face to
face, and to have compulsory process, to secure the attendance of
witness in his behalf;
q. Freedom from being compelled to be a witness against one’s self,
or from being forced to confess guilt, or from being induced by a
promise of immunity or reward to make such confession, except
when the person confessing becomes a state witness;
r. Freedom from excessive fines, or cruel and unusual punishment,
unless the same is imposed or inflicted with the statute which has
not been judicially declared unconstitutional; and
s. Freedom of access to the courts
3. For failure to render aid or protection to a person
Liability on Contract Executed in behalf of the Government
The general rule is that a public officer within the scope of his authority and in his
official capacity is not personally liable on contracts executed in behalf of the
government
Liability for Unexplained Wealth
1. Republic Act No. 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. On the other hand, R.A. No. 3019 (Anti-Graft and Corrupt Practices Act)
penalizes certain acts (enumerated in Section 2 thereof) of public officers
and private persons alike which constitute graft or corrupt practices or which
may lead thereto.
Liability of Accountable Officers to the Government
1. Bond requirement
2. Primary and secondary responsibility
3. General liability for unlawful expenditures
4. Measure of liability of accountable officers
5. Liability for acts done by direction of superior officers
C. CRIMINAL LIABILITY
Generally: No public officer, however high his position, is above the law; all may
be punished for criminal acts.
Crimes Peculiar to Certain Public Officers
1. Revised Penal Code
a. Malfeasance and misfeasance in office;
b. Frauds and illegal exactions and transactions;
c. Malversation of public funds or property;
d. Infidelity of public officers; and
e. Other offenses and irregularities committed by public officers which
include disobedience, refusal of assistance, maltreatment of
prisoners, prolongation and abandonment of the duties and powers
of public office, usurpation of powers, and unlawful appointments.
CHAPTER VIII: TERMINATION OF OFFICIAL RELATIONS
A. Specifically
Modes of termination of official relations
The authority and duties imposed by the office may be terminated by any of
the following ways:
1. Expiration of the term of tenure of office
2. Reaching the age limit
3. Death or permanent disability Term and tenure distinguished

4. Resignation Term means the time during which the officer may claim to hold office as of right and
fixes the interval after which several incumbents shall succeed one another.
5. Acceptance of incompatible office
Tenure represents the period during which the incumbent actually holds the office.
6. Abandonment of office

7. Prescription of right to office

Commencement of terms of office
8. Removal
1. Date for commencement is fixed for some appreciable period after the election or
9. Impeachment appointment.

10. Abolition of office 2. When there is no time fixed, term will generally begin on the date of election, in
case of elective officers, and the date of the appointment where the officer is
11. Conviction of a crime appointed.
3. Where the term runs “from” a certain date, the day of the date is excluded in the
12. Recall computation.

Power of Congress to fix, shorten, or lengthen term

B. Natural Causes
By expiration of term of office- unless he is authorized by law to hold over,
his rights, duties and authority as a public officer must ipso facto cease.
Term- when used in reference to the tenure of office means ordinarily a fixed and
definite time prescribed by law or the Constitution by which an officer may hold an
office.
1. Where term fixed by the Constitution- it is beyond the power of Congress to affect
the tenure of such Constitutional Office.
2. Where term not fixed by the Constitution- Congress may fix the terms of officers
other than those provided for in the Constitution.
Holding over after expiration of term

Expiration of tenure - is the right of the occupant himself to hold the office which is
terminated.
Removal and Expiration of term Distinguished
1. Where term of office not fixed by law and incumbent is relieved by appointing
authority, legal effect is the same as if term has been fixed by Congress itself.
1. Where holding over provided by law- the office does not become vacant upon the
expiration of the term if there is then no successor elected and qualified to assume it
but the present incumbent will hold office until his successor is elected and qualified,
even though it be beyond the term fixed by law.
2. Where holding over not provided by law- unless such holding over be expressly or
impliedly prohibited, incumbent may continue to hold until someone else is elected
and qualifies to assume office.

2. Where appointment is for a definite and renewable period, non-renewable thereof 3. Where Constitution limits term- holding over is not permitted
does not involve dismissal but an expiration of term.
4. Application of hold-over provision-provision for holding-over applies only where a
fixed term is annexed to an office. by law. It may be oral or implied by conduct.

5. Purpose of hold-over provision- is to prevent a hiatus in the government pending What constitutes resignation
the time when a successor may be chosen and inducted into office.
1) To constitute resignation of public office, there must be a) an
6. Status of hold-over officer- is a de jure officer if his holding over is authorized by intention to relinquish a part of the term b)accompanied by the voluntary
law; otherwise he is a de facto officer. act of relinquishment, and c) an acceptance by the proper
authority.
Office Created for the Accomplishment of a Specific Act 2) A resignation implies an expression of the incumbent in some
form, express or implied, of the intention to surrender, renounce,
Where an office is created, or an officer is appointed for performing a single and relinquish the office his/her accompanied by the
act or accomplishment of a result, the office terminates and officer's authority ceases act of relinquishment.
with the accomplishment of the purpose which called it into being. 3) As the intent to relinquish must concur with the overt act of
relinquishment, the acts of the employee before or after the alleged
By Reaching of Age Limit resignation must be considered in determining whether he
This mode of terminating official relations results in the compulsory and or she, in fact intended to severe his or her employment.
automatic retirement of a public officer. a) A written resignation, delivered to the board to the
board or officer authorized to receive it and fill the vacancy
By death or permanent Disability thereby created, is prima facie, but not
conclusive evidence of the intention to relinquish the office. Such resignation
The death of incumbent of an office necessarily renders the office vacant. must be signed by the party tendering it.
b) By applying for and receiving retirement benefits, one
Permanent disability covers both physical and mental disability. may be deemed to have irrevocably resigned from the
government service.
c) A voluntary resignation is difficulty to reconcile with the
filing of a complaint for illegal dismissal.
C. Acts or Neglect of Officer
To whom resignation tendered.
By Resignation
The official with whom a resignation of a public office must be filed
A resignation by definition is the formal renunciation or relinquishment of a may be designated by statute. In the absence of a statutory direction,
public office. It implies an expression by the incumbent in some form, express or a public officer should tender to the officer or body having authority to
implied, of the intention to surrender, renounce, and relinquish his right to the office appoint his successor or to call an election to fill the office.
and its acceptance by competent and lawful authority.
Necessity of acceptance of resignation.
Forms of resignation
1) Abandonment unlawful before acceptance.
1) Where by law a resignation is required to be made in any 2) Resignation revocable before acceptance.
particular form that form must be substantially complied with.
2) Where no such form is prescribed, no particular mode is required, Form of acceptance
but the resignation may be made by any method indicative
of the purpose. It need not be in writing unless so required The acceptance of the resignation may be manifested either by a
formal declaration or by the appointment of a successor. So where the written absolutely vacates the first office.
resignation of the officer, intended to operate as such, was duly written in the 2) If the law or Constitution as an expression of public policy forbids the
proper office without objection, and was endorsed as his resignation, it was acceptance by a public officer of any office other than that which he holds, it is not
held that this was a sufficient acceptance, if any was required. a case of incompatibility but of legal or constitutional prohibition.

When offices incompatible with each other.

\ Withdrawal of resignation.
Incompatibility is to be found in the character of the officers and
An immediately effective resignation may be withdrawn before it is their relation to each other, in the subordination of the functions and duties
acted upon, but not after acceptance. It has also been held that the which attach to them. It exists where:
resignation of an officer, effective at a future date, may not be withdrawn after the 1) There is conflict in such duties and functions, so that the performance of
resignation has been accepted. Accordingly, a public employee is entitled to the duties of one interferes with the performance of the duties of the other, as to
withdraw a prospective resignation if the employee dies so before its effective date, render it improper from consideration of public policy for one person to retain both;
before it has been accepted, and before the appointing power acts in reliance on the and
resignation. 2) One is subordinate to the other and is subject in some degree to its
supervisory power for obviously in such a situation where both positions are held
Repudiation of resignation. by the same person, the design that one acts as a heck on the other would
be frustrated; or
1) A resignation is not effective although a successor has already been 3) The Constitution or the law itself, for reasons of public policy, declares the
appointed to take the place of the first incumbent if said resignation has been incompatibility even there is no inconsistency in the nature and functions of the
transmitted without the officer's consent; office. Incompatibility of offices or positions requires the involvement of two
2) The resignation of a public officer procured by fraud or by duress is government offices or positions which are held by on individual;
voidable and may be repudiated; and
3) A resignation given as an alternative to have charges filed against the
public officer may be repudiated, for said resignation cannot be accepted as Exceptions to the rule on holding incompatible offices.
having given by the officer voluntarily and willingly.
1) Where the officer cannot vacate the first office by his own act, upon the
Effect of duress or coercion. principle that he will not be permitted to, thus, do indirectly what he could not
do indirectly, as where the law requires the approval of the provincial board
A resignation by an officer charged with misconduct is not given before a municipal official can resign.
under duress or coercion, though the appropriate authority has already determined 2) Where the first office is held under a different government from that which
that the officer's alternative is termination, where such authority has the legal conferred the second;
authority to terminate the officer's employment under the particular 3) Where the officer is expressly authorized by law to accept another office;
circumstances, since it is not duress to threaten to do what one has the legal right and
to do, or to threaten to take any measure authorized by law and the circumstances of 4) Where the second office is temporary.
the case.
By abandonment of office.
By acceptance of an incompatible or prohibited office.
Meaning of abandonment.
1) It is contrary to the policy of the law that the same individual should
undertake to perform inconsistent and incompatible duties. He who, while Abandonment in law means a voluntary relinquishment of an office
occupying one office, accepts another incompatible with the first, ipso facto, by the holder of all right, title or claim thereto without valid or justifiable
reason with the intention of not reclaiming it, or terminating his possession and Removal – entails the ouster of an incumbent before the expiration of his term. It
control thereof. implies that the office exists after the ouster. Another term used is dismissal

When there is abandonment of office. What constitutes removal?

A public office is not deemed property but like any other right or
property it may be abandoned.
1) Clear intention to abandon office.
2) Acceptance of another office.
3) Concurrence of overt acts and intention.
4) Failure to discharge duties of office, or to claim or resume it.
5) Acquiescence by the officer.
By prescription of right to office.
A person who claims a right to a public office occupied by another
may bring an action determine by what authority the latter assumes to hold
and exercise the office in question and ascertain who is entitled to it.
1) Prescriptive period for filing petition for quo warranto. - Under the Rules of
Court, the proceeding of quo warranto is the proper and appropriate remedy against
public officer or employee for his ouster from office which should be commenced
within one year after the cause of such ouster or the right of the plaintiff to hold
such position arose.
2) Rationale for the one-year period- The rationale is that title to public office
should not be subjected to uncertainties but should be determined as speedily as
possible. Consequently, the period runs even when there is no person as yet
appointed to succeed in the position and even during the pendency of a
motion for reconsideration in the administrative level/
3) Non-compliance of prescriptive period- Exceptional circumstances
attending, however, may justify the non-application of the prescriptive period
enunciated above in order to grant relief that will serve the ends of justice. Thus,
failure to file quo warranto proceedings does not operate adversely against a
dismissed government employee where it was the repeated assurance of responsible
government officials which contributed to the delay on the filing of the complaint for
reinstatement.
D. ACTS OF THE GOVERNMENT R THE PEOPLE
1. Appointment to another office
2. Transfer to another office
3. Demotion- the lowering of position with a lower rate of compensation is also
equivalent to removal if no cause is shown for it when it is not a part of any
disciplinary action. It is defined as the movement from one position to another
involving the issuance of an appointment with diminution in duties, responsibilities,
status or rank which may or may not involve reduction in salary.
4. Reassignment- a reassignment in good faith and in the interest of the serve is
permissible and valid even with the employee's prior consent. It is defined as the
movement of an employee from organization unit to another in the department or
agency which does not involve a reduction in rank, status or salary and does not
require the issuance of an appointment.
5. Constructive removal or dismissal – is defined as a quitting because continued
employment is rendered impossible, unreasonable or unlikely, as when there is
demotion in rank or of pay. It exists when an act of clear discrimination, insensibility
or disdain by an employer or superior becomes unbearable to the employee, leaving
him with no option but to forego his continued employment. Hence, the employee is
deemed to have been illegally dismissed. This may occur although there is no
diminution or deduction of salary. It may be a transfer from one position of dignity to
a more servile or menial job.
Power of removal of the President.
The Constitution contains no provision expressly vesting in the President the power to
remove executive officials from their posts. Nevertheless, the power is possessed by
him, as it is implied from any of the following:
1. from his power to appoint
2. from the nature of the executive power exercised by the President, the
power to remove being executive in nature
3. from the President's duty to execute the laws
4. from the President's control of all departments, bureaus and offices
5. from the provision that no officer or employee in the Civil Service shall be
removed or suspended except for cause provided by law.
Extent of the President's power of removal.
1. With respect to non-career officers exercising purely executive functions
 whose tenure is not fixed by law (i.e. members of the Cabinet), the President Grounds for disciplinary action under the Local Government Code.
may remove them with or without cause and Congress may not restrict such
power. 1. Disloyalty to the Republic of the Philippines
2. With respect to officers exercising quasi-legislative or quasi-judicial functions. 2. Culpable violation of the Constitution
3. With respect to constitutional officers removable only by means of 3. Dishonesty, oppression, misconduct in office and neglect of duty
impeachment and judges of lower courts, they are not subject to the removal 4. Commission of any offense involving moral turpitude or an offense
power of the President. punishable by at least prision mayor.
4. With respect to civil service officers, the President may remove them only for 5. Abuse of authority
cause as provided by law 6. Unauthorized absence for fifteen (15) consecutive working days except in
5. With respect to any officer or employee holding temporary, provisional or the case of members of the Sanggunian panlalawigan, Sanggunian
acting appointments, the President may remove them at his pleasure with or panglunsod, Sanggunian Bayan and Sanggunian barangay, and
without cause. 7. Application for, or acquisition of, foreign citizenship or residence or the
6. With respect to officers holding public offices created by aw where i9t is status of an immigrant of another country
provided that they shall hold office at the pleasure of the President their 8. Such other ground as may be provided in the Codes and other laws.
replacement is not a removal but a mere expiration of the terms of office; but
with respect to officers holding public offices created by aw which authorizes Grounds for disciplinary action under the Civil Service Law
the President to remove officers at pleasure, the President may remove
them only for cause if they belong to the civil serviced in view of the 1. Dishonesty
requirement of the Constitution 2. Oppression
7. With respect to those whose appointments were made on bases other than 3. Neglect of duty
those of the usual test of merit and fitness utilized for the career service, 4. Misconduct
their tenure is co-terminus with that of the appointing authority or subject to 5. Disgraceful and immoral conduct
his pleasure. 6. Being notoriously undesirable
8. With respect to local elective officials, see infra 7. Discourtesy in the course of official duties
8. Inefficiency and incompetence in the performance of official duties
Grounds for remove or suspension under the Constitution 9. Receiving for personal use a fee, or other valuable thing in the course of
official duties or in connection therewith when such is given by any person in
1. Member of Congress – each house may punish its members for disorderly the hope or expectation of receiving a favour or better treatment than that
behaviour and with the concurrence of 2/3 of all its members, suspend or accorded other persons, or committing acts punishable under the anti-graft
expel a member. A penalty of suspension, when imposed shall not exceed laws
60 days. 10. Conviction of a crime involving moral turpitude
2. The President, the Vice-President, the Members of the Supreme Court, the 11. Improper or unauthorized solicitation of contribution from subordinate
members of the Constitutional Commissions, and the Ombudsman- they employees and by teachers or school officials from school children
may be removed from office, on impeachment for and conviction of, culpable 12. Violation of existing Civil Service Law and rules or reasonable office
violation of the Constitution, treason, bribery, graft and corruption, other high regulations
crimes, or betrayal of public trust. 13. Falsification of official documents
3. Member of the judiciary-they shall hold office during good behaviour until 14. Frequent unauthorized absences or tardiness in reporting for duty, loafing or
they reach the age of 70 years or become incapacitated to discharge the frequent unauthorized absences from duty during regular office hours.
duties of their office. 15. Habitual drunkenness
4. Civil service officers or employees-they shall not be removed or suspended 16. Gambling prohibited by aw
except for cause provided by law. 17. Refusal to perform official duty or render overtime service
18. Disgrace, immoral or dishonest conduct prior to entering the service
 19. Physical or mental incapacity or disability due to immoral or vicious habits requiring the approval of his office
20. Borrowing money by superior officers from subordinates or lending by 2. owning, controlling, managing or accepting employment as officer, employee,
subordinates to superior officers consultant, counsel, broker, agent, trustee, or nominee in any private
21. Lending money at usurious rates of interest enterprise regulated, supervised or licenses by his office, unless expressly
22. Wilful failure to pay just debts or wilful failure to pay taxes due to the allowed by law
government 3. engaging in the private practice of his profession unless authorized by the
23. Contracting loans of money or other property from persons with whom the Constitution, law or regulation, provided that such practice will not conflict or
office of the employee concerned has business relations tend to conflict with his official functions
24. Pursuit of private business, vocation or profession without the permission 4. recommending any person to any position in a private enterprise which has
required by Civil Service rules and regulations a regular or pending official transaction with hi \s office, unless such
25. Insubordination recommendation or referral is mandated by :
26. Engaging, directly or indirectly, in partisan political activities by one holding A. law
non-political office B. international agreements,
27. Conduct prejudicial to the best interest of the service C. commitment and obligation
28. lobbying for personal interest or gain in legislative halls and offices without 5. disclosing or misusing confidential or classified information officially known
authority to him by reason of his office and not made available to the public, to further
29. Promoting the sale of tickets in behalf of private enterprises that are not his private interests or give advantage to anyone, or to prejudice the public
intended for charitable or public welfare purposes and even in the latter interest
cases if there is no prior authority 6. soliciting or accepting, directly or indirectly, any gift, gratuity, favour,
30. Nepotism entertainment, loan or anything of monetary value which in the course of his
official duties or in connection with any operation being regulated by or any
Nepotism. transaction which may be affected by the functions of his office
7. obtaining or using any statement filed under the Code for any purpose
The Civil Service Decree prohibits all appointments in the national and local contrary to morals or public policy or any commercial purpose other than by
governments or any branch or instrumentality thereof, including government-owned news and communications media for dissemination to the general public
or controlled corporations, made in favour of a relative of the: 8. unfair discrimination in rendering public service due to party affiliation or
preference
1. appointing authority 9. disloyalty to the Republic of the Philippines and to the Filipino people
2. recommending authority 10. failure to act promptly on letters and request within fifteen (15) days from
3. chief o the bureau or office receipt, except as otherwise provided in the Implementing Rules
4. person exercising immediate supervision over the appointee 11. failure to process documents and compete action on documents and papers
within a reasonable time from preparation thereof, except as otherwise
The following are exempted from the operation of the rule of nepotism: provided in the Implementing Rues
12. failure to attend to anyone who wants to avail himself of the services of the
1. persons employed in a confidential capacity office or to act promptly and expeditiously on public personal transactions
2. teachers 13. failure to file swoon statements of assets, liabilities and net worth, and
3. physicians disclosure of business interests and financial connections
4. member of the Armed Forces of the Philippines 14. failure to resign from his position in the private business enterprise with thirty
(30) days from assumption of public office when conflict of interest arises,
Grounds for disciplinary action under the Code of Conduct and Ethical Standards and/or failure to divest himself of his shareholding or interests in private
business enterprise within sixty (60) days from such assumption of public
1. Directly or indirectly having financial and material interest in any transaction office when conflict of interest arises.
 4. Where answer filed
Administrative investigation of elective local officials A copy of the answer shall be furnished to each of the following:
A. the complainant
1. Form and filing of administrative complaints. A verified complaint against B. the office of the Governor in the case of component cities
local elective officials shall be prepared as follows: C. the Metropolitan Manila Authority in the case of cities and municipalities in
A. a complaint against any elective official of a province, a highly urbanized city, an Metropolitan Manila
independent component city, or component city shall be filed before the Office of the d. DILG in all cases
President 5. commencement of preliminary investigation
B. a complaint against any elective official of municipality shall be filed before the 6. evaluation
Sanggunian Panlalawigan whose decision may be appealed to the Office of the 7. dismissal motu proprio
President 8. 90-day ban
C. a complaint against any elective barangay official shall be filed before the 9. power to suspend- preventive suspension may be imposed by the
Sanggunian Panlungsod or Sanggunian Bayan whose decision shall be final and Disciplining Authority in cases where the respondent is an elective officials of
executory the following LGUs:
2. Notice of hearing A. provinces
3. Preventive suspension- it may be imposed: B. highly urbanized cities
A. by the President, if the respondent is an elective official of a province, a highly C. independent component cities
urbanized city or an independent component city D. cities or municipalities in Metropolitan Manila
B. by the governor, if the respondent is an elective official of a component city or 10. 90-day ban
municipality 11. Grounds
C. by the mayor, if the respondent is an elective official of the barangay 12. Duration
4. Salary of the respondent pending suspension 13. automatic reinstatement
5. rights of respondent 14. salary of respondent pending suspension
6. form and notice of decision 15. formal investigation
7. administrative appeals – decisions in admin cases may within thirty (30) 16. termination of final investigation
days from receipt thereof, be appealed to the following: 17. rendition of decision
a. Sanggunian panlalawigan, in the case of decisions of the Sanggunian panlungsod 18. finality of decision
of component cities and the Sanggunian Bayan 19. execution pending appeal
B. the Office of the President in the case of decisions of the Sanggunian 20. penalty
panlalawigan and the Sanggunian panlungsod of highly urbanized cities and 21. suspension
independent component cities 22. removal
8. execution pending appeal 23. executive clemency

The provisions of AO 23 are given below:

1. how initiated
2. where complaint filed Disciplinary action against appointive local officials and employees.
A copy of the complaint shall be furnished to each of the following:
A. the office of the Governor in the case of component cities 1) Administrative discipline – Investigation and adjudication of administrative
B. the Metropolitan Manila Authority in the case of cities and municipalities in Metro complaints against appointive local officials and employees as well as their
Manila suspension and removal shall be in accordance with the civil service law and rules
C. the DILG in all cases and other pertinent laws. The results of such administrative investigations shall be
3. Notice reported to the Civil Service Commission.

2) Preventive Suspension.
(a) The local chief executives may preventively suspend for a period not
exceeding sixty (60) days any subordinate official or employee under his
authority pending investigation if the charge against such official or employee
involves dishonesty, oppression or grave misconduct or neglect in the
performance of duty, or if there is reason to believe that the respondent is guilty of
the charges which would warrant his removal from the service.
(b) Upon expiration of the preventive suspension, the suspended official or
employee shall be automatically reinstated in office without prejudice to the
continuation of the administrative proceedings against him until its termination. If
the delay in the proceedings of the case is due to the fault, neglect or request
of the respondent, the time of the delay shall not be counted in computing the
period of suspension herein provided.
3) Administrative investigation – In any local government unit, administrative
investigation may be conducted by a person or committee duly authorized by the
local chief executive. Said person or committee shall conduct hearings on the cases
brought against appointive local officials and employees and submit their findings and
recommendations to the local chief executive concerned within fifteen (15) days from
the conclusion of the hearings. The administrative cases herein mentioned shall be
decided within ninety (90) days from the time the respondent is formally notified of the
charges.
4) Disciplinary jurisdiction – Except as otherwise provided by law, the local chief
executive may impose the penalty of removal from service, demotion in rank,
suspension for not more than one (1) year without any pay, fine in an amount not
exceeding six (6) months' salary, or reprimand and otherwise discipline subordinate
officials and employees under his jurisdiction.
5) Execution pending appeal – An appeal shall not prevent the execution of a
decision of removal or suspension of a respondent-appellant. In case the respondent-
appellant is exonerated, he shall be reinstated to his position with all the rights and
privileges appurtenant thereto from the time he had been deprived thereof.
Disciplinary jurisdiction of the Civil Service Commission.
1) Scope- The Civil Service Commission has jurisdiction over all employees of
Government branches, subdivisions, instrumentalities, and agencies including
government owned or controlled corporations with original charters. As the
Commission on Elections is the “sole judge” of call election cases and the
Commission on Audit, with respect to government accounts, the Civil Service
Commission is the single arbiter of all controversies pertaining to civil service
positions in the government service, whether career or non-career.
2) Appellate jurisdiction over administrative disciplinary cases – The CSC shall
decide upon appeal all administrative disciplinary cases involving the imposition of a
penalty of suspension for more than thirty (30) days, or fine in an amount exceeding
thirty (30) days' salary, demotion in rank or salary or transfer, removal or dismissal
from office.
3) Jurisdiction of heads of departments, agencies and instrumentalities. - The
heads of departments, agencies and instrumentalities, provinces, cities and
municipalities shall have jurisdiction to investigate and decide matters involving
disciplinary action against officers and employees under their jurisdiction.
4) Investigation by a regional director or similar official – An investigation may be
entrusted to a regional director or similar officials who shall make the necessary
report and recommendation to the chief or bureau or office or department within the
period.
5) Execution of decision pending appeal - An appeal shall not stop the decision
from being executory in case the penalty is suspension or removal the respondent
shall be considered as having been under preventive suspension during the
pendency of the appeal in the event he wins an appeal.
6) Reconsideration of a final and executory decision not allowed – The CSC has
no power or authority to reconsider its decision which has become final and executory
even if the Commission later discovers that its judgment is erroneous.
7) Power to terminate employment; academic freedom of institutions of higher
learning. - As corporate entities, educational institutions of higher learning are
inherently endowed with the right to establish their policies, academic and otherwise,
unhampered by external controls more pressure.
*skipped these parts. Not enough time.*
 Appeal by “party adversely affected by the decision.”
 Withdrawal of complaint against respondent.
 Cessation from office of respondent.
 Procedure in administrative cases against non-Presidential appointees.
APPEAL TO THE PRESIDENT
 8. In the case of members of the Philippine National Police
1. Period to Appeal 9. In the case of local elective officials
2. Appeal, how taken 10. In the case of presidential appointees and other elective officials
3. Appeal fee 11. Where suspension imposed by Ombudsman
4. Transmittal of record 12. Prior notice and hearing not required
5. Perfection of Appeal 13. Members of Congress covered by RA No. 3019
6. Period to file appeal memorandum
7. Appeal Memorandum
8. Non-compliance with requirements
9. Stay of execution SUSPENSION AND REMOVAL DISTINGUISHED
10. Action to appeal
11. Comment 1. As to duration
12. Submission of resolution 2. As to nature
13. Memorandum decision 3. As to time of imposition
14. Finality of decision
15. Executory nature of decision SCHEDULE OF ADMINISTRATIVE PENALTIES
16. Withdrawal of Appeal
17. Delegation of Authority A. PENALTIES FOR GRAVE OFFENSES
18. Limitation of appeals
19. Application of Rules of Court 1. Dismissal
a. Dishonesty
b. Gross neglect of duty
MERIT SYSTEM PROTECTION BOARD c. Grave misconduct
d. Being notoriously undesirable
Composition: e. Conviction of a crime involving moral turpitude
1. Commissioner f. Falsification of official documents
2. Two Associated Commissioner g. Physical or mental incapacity or disability due to vicious habits
h. Engaging, directly or indirectly, in partisan political activities by one
holding non-political office
1. Power and Function I. Receiving for personal use of a fee, gift or other valuable thing
2. Appellate jurisdiction of the Civil Service Commission j. Contracting loans of money or other property from persons with whom the
office of the employee has business relations
PREVENTIVE SUSPENSION k. Soliciting or accepting directly or indirectly, any gift, gratuity, favour,
1. Kinds entertainment, loan or anything of monetary value
a. Preventive suspension pending investigation l. Disloyalty to the Republic of the Philippine and to the Filipino people
b. Preventive suspension pending appeal
2. Preventive suspension pending investigation 2. Suspension from six months and one day to one year for the first offense and
3. Right to compensation where employee is exonerated dismissal for the second offense.
4. Preventive suspension pending appeal a. Oppression
5. Suspension from office under section 13 of RA No. 3019 b. Disgraceful and immoral conduct
6. Pre-condition for suspension c. Inefficiency and incompetence in the performance of official duties
7. Duration of suspension d. Frequent unauthorized absences or tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty during office hours
e. Refusal to perform official duty
f. Gross insubordination
g. Conduct grossly prejudicial to the best interest of the service
h. Directly or indirectly having financial and material interest in any transaction
requiring the approval of his office
I. Owning, controlling, managing or accepting employment as officer, employee,
consultant, counsel, broker, agent, trustee, etc.
j. Engaging in the private practice of his profession unless authorized by the
Constitution
k. Disclosing or misusing confidential or classified information officially known to him
l. Obtaining or using any statements filed under the Code of Conduct and Ethical
Standards
B. Penalties for Less Grave Offenses
1. Suspension from one month and one day to six months for the first offense and
dismissal for the second offense.
a. Simple neglect of duty
b. Simple misconduct
c. Gross discourtesy in the course of official duties
d. Gross violation of existing Civil Service Law and rules of serious nature
e. Insubordination
f. Habitual drunkenness
g. Nepotism
h. Recommending any person to any position in private enterprise which has
a regular or pending official transactions with his office
I. Unfair discrimination
j. Failure to file sworn statements of assets, liabilities and net worth
k. Failure to resign from his position in the private business enterprise within
30 days from assumption of public office
C. PENALTIES FOR LIGHT OFFENSES
1. Reprimand for the first offense, suspension from one day to thirty days for the
second offense, and dismissal for the third offense
a. Neglect of Duty
b. Discourtesy in the course of official duties
c. Improper or unauthorized solicitation of contributions from subordinate
employees
d. Violation of reasonable office rules and regulations
e. Gambling prohibited by law
f. Refusal to render overtime service
g. Disgraceful, immoral or dishonest conduct prior to entering the service
h. Borrowing money by superior officers from subordinates
I. Lending money at usurious rate of interest
j. wilful failure to pay just debts or wilful failure to pay taxes due the
government
k. Pursuit of private business, vocation or profession without permission
required by Civil Service rule and regulations
l. Lobbying for personal interest or gain in legislative halls and offices without
authority
m. Promoting the sale of tickets in behalf of private enterprise
n. Failure to act promptly on letters and requests within 15 days from receipt
o. Failure to process documents and complete action on documents and
papers within a reasonable time
p. Failure to attend to anyone who wants to avail himself of the services of
the offices
D. PENALTIES AND DETERMINATION OF PENALTIES
1. For offenses under Presidential Decree No. 807
2. For offenses under RA No. 6713
3. In determination of penalties to be imposed, mitigating and aggravating
circumstances may be considered
E. ACCESSORY PENALTIES
1. The penalty of dismissal shall carry with-it that of cancellation of eligibility,
forfeiture of leave credits and the retirement benefits, and the disqualification s for re-
employment in the government service.
2. The penalty of forced resignation shall carry with it that of forfeiture of
leave credits and retirement benefits, and the disqualification for employment in the
government service for a period of one year.
3. The accessory penalties can still be imposed on a government official
notwithstanding the impossibility of affecting the principal penalty of dismissal
because of his earlier removal from office.
F. REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILLITIES
The Sandiganbayan
1. Cases subject to its jurisdiction 2. where abolition done in bad faith
2. Officials and private individuals subject to its jurisdiction 3. Requisites of valid abolition
3. Jurisdiction of ordinary courts 4. Instances of valid abolition

The Ombudman Termination through reorganization

1. Based on a valid purpose and done in good faith
1. Power, functions, and duties of the Ombudsman 2. Instances of invalid reorganization
2. Officials subject to Ombudsman disciplinary authority

By Impeachment By conviction of a crime

1. Impeachable officials What constitutes conviction?

2. Power to initiate and to try impeachment cases
Effects of pardon
Meaning and purposes of impeachment
By recall
1. Impeachment has been defined as a method of national inquest into the conduct
of public men Purpose and nature of the power of recall
2. Its purpose is to protect the people from official delinquencies or malfeasance\
1. Effective speedy remedy for removal
By abolition of office 2. Political in nature involving exercise of judicial functions
3. Essentially the power of removal exercised by the people themselves
1. Authority with power to abolish
2. Abolition of office even during term of incumbent Recall of local elective officials

What Constitute abolition 1. By whom exercised

2. Initiation of the recall process
Removal from office and termination by abolition of an office distinguished 3. Election on recall
4. Effectivity of recall
Abolition must not constitute removal without cause 5. Probation from resignation
1. Right to public office not absolute 6. Limitation on recall