PUBLIC OFFICE PUBLIC EMPLOYMENT

CHAPTER I: CONCEPTS Created by law, with duties Created not by forced of law but by
OFFICE – The incumbent is selected by appointment or by election, and whether he is appointed during the Cast upon the incumbent with contact of Employment
pleasure of the appointing power or for a fixed term. Involve the exercise of
Sovereign power
PUBLIC OFFICE – is the right, authority, and duty created and conferred by law, by which for a given period,
either fixed by law or enduring at the pleasure of the appointing power, and individual is invested with some
portion of the sovereign functions of the government, to be exercised by him for benefit of the public.
ESSENTIAL ELEMENTS OF PUBLIC OFFICERS
PURPOSE AND NATURE OF PUBLIC OFFICES. C-AE-PF-Du-CP
PUBLIC TRUST 1. By the CONSTITUTION or by LAW.
-Holders regards as public servants 2. AUTHORITY and EXERCISE of sovereign power.
-Holders subject to highest standards of accountability and service 3. POWER and FUNCTION are defined by the Constitution.
4. The DUTIES pertaining are performed independently, without control of superior power other
Public office is a public trust. Public officers and employees must at all times be accountable to the people, than law.
serve them with the utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and 5. CONTINUITY and PERMANENCY
lead modest lives.
CREATION OF PUBLIC OFFICE [C-S-TB-CongPre]
NOT PROPERTY 1. GENERALLY
-Holder subject to removal or suspension according to law a. By the CONSTITUTION, STATUTE, TRIBUNAL BODY.
-Holder without vested right in any public office. b. By the Congress
-Holder’s right in nature of privilege entitled to protection. i. Exigencies of government it is necessary to create and define duties.
-Holder’s right personal to him. ii. An office created by the legislature is wholly within the power of the body. Can fit
and abolish the office.
Public office is not property of the office holder within the meaning and contemplation of the due process c. By the PRESIDENT
requirements of the constitution. i. Bureaus, agencies or office in executive department.

NOT A CONTRACT MODIFICATIONS OR ABOLITION OF PUBLIC OFFICE [CO-CO]

-Created no contractual relation between holder and the public. 1. OFFICE CREATED BY THE CONGRESS
-Exists by virtue of some law. a. The power to create an office generally includes the power to modify or abolish it.
-Generally entitles holder to compensation b. The power is inherently legislative.
c. Power to fix the number of positions and the salaries or emoluments of the holders thereof
and to provide funds for the offices created.
PUBLIC OFFICE PUBLIC CONTRACT 2. OFFICES CREATED BY THE CONSTITUTION
a. Constitutional offices may be modified or abolished by the people through a constitutional
Creation incident of sovereignty originates from the will of the contracting parties provision.

Its object carry’s out sovereign as well
Same.
As governmental function affecting
Person
Embraces the idea of tenure, duration
continuity, and the duties connected
Therewith are generally continuing
and permanent
Obligation only upon persons who entered the
Limited In its duration and specific in its object and
Its Terms define and limit the rights and obligations
parties and neither without consent of each party
EXERCISES OF SOVEREIGN POWERS AND FUNCTION.[P-O-E-A]
1. One of the most important criteria of public office
a. exercise some portion of the sovereign power of the State
2. Authority conferred by law
3. Extent of authority not material.
4. Presumption of regularity of official acts.

*Public Office is public employment, but not all public employment is a public office
TENURE AND DURATION [E-C-P] CHAPTER II: ELIGIBILITYAND QUALIFICATION
1. Existence of definite tenure not material
a. The duration of tenure need not be for a fixed period, but may be at the pleasure of Meaning of eligibility/eligible/ineligibility/ineligible
the appointing power.
2. Continuance of office holder not material. Eligibility
3. Permanence of office not material. 1. The state or quality of being legally fitted or qualified to be chosen
2. Eligibility to a public office is of a continuing nature and must exist both at the
MEANING OF OFFICER/PUBLIC [O-E] commencement and during the occupancy of an office.
1. Officer - required by law to be elected or appointed who a designation or title has given to him by law, and
who exercises functions concerning the public, assigned to him by law. Eligible
2. Employee any person in the service of the government. (Not a clerk) 1. Means legally fitted or qualified to hold an office.

OFFICER AND EMPLOYEE DISTINGUISHED [PO-RPC] Ineligibility

1. In the law of public officer greater importance, dignity, and independence of his positions. 2. Refers to the lack of qualification prescribed by the Constitution or applicable laws for
2. Under the Revised Penal Code. holding an office.

MEANING OF PUBLIC OFFICIAL Ineligible

- An officer of the Government itself, as distinguished from the officers and employees of 3. Legally or otherwise disqualified to hold an office
instrumentalities of government. 4. Disqualified to be elected to an office
5. Disqualified to hold an office, if elected or appointed to it
CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC OFFICERS
1. As to nature of functions: (Co-M) Meaning of qualification
a. Civil office — it covers any kind of a public office, whether executive, legislative, or judicial.  May refer to the endowment and accomplishment that fits one for office
b. Military office  May refer to an act which a person, before entering the performance of his duties, is, by the
2. As to creation: (CS) law, required to do, such as the taking, and often, of subscribing and taking of an official oath, and, in
a. Constitutional office some cases, the giving of an official bond
b. Statutory office
3. As to the department of government to which it belongs: (L-E-J) Nature of right to hold public office
a. Legislative office  Not a natural right – To hold a public office, one must be eligible and possess the
b. Executive office qualifications prescribed by the Constitution.
c. Judicial office  Not a constitutional right – There is no constitutional right to run for office or hold elected
4. As to branch of government served: (NAT-LOC) office. Rather, it is a political privilege which depends upon the favor of the people for the public
a. National office good.
b. Local office
5. As to whether exercise of discretion is required: (QJO- MinOff) Powers of Congress to prescribe qualifications
a. Quasi-judicial office 1. In General - Congress is generally empowered to prescribe the qualifications for holding
b. Ministerial office public office, provided it does not exceed thereby its constitutional powers or impose conditions of
eligibility inconsistent with constitutional provisions.
6. As to compensation:
a. Lucrative office, office of profit, or office coupled with an interest. It includes any office to 2. Where office created by Congress - body can deal with the subject of qualification and
which salary, compensation or fees are attached. disqualification, provided that in so doing it does not impinge upon an express provision of the
b. Honorary office no compensation. 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

  Age
 The right of suffrage
Power of Congress to prescribe disqualifications  Residence
 Congress may not add disqualifications where the Constitution has provided them in such a  Education
way as to indicate an intention that the disqualifications provided shall embrace all that are to be  Ability to read and write
permitted  Political affiliation
 Moreover, when the Constitution has attached a disqualification to the holding of any office,  Civil service examinations
Congress cannot remove it under the power to prescribe qualifications as to such offices as it may
create Religious qualification prohibited
 Religious beliefs and opinions cannot be made a test of political right and privilege
Act adds grounds of disqualifications of a SC justice  No state interest can be discerned which would justify the burden upon the free exercise of
 The subject Act added grounds of disqualifications, SC prohibits certain Justices from religion imposed by the restriction
fulfilling the power and duty given by the Constitution.  Our Constitution expressly provides that no religious test shall be required for the exercise
 The Act disqualified a majority of the constitutional component members of the Supreme of civil and political rights
Court. Thus, it deprives it of its jurisdiction established by the Constitution. o Religious test- is one demanding the avowal or repudiation of certain religious beliefs before
 The designees would not have been consented to by the Commission on Appointments; the performance of any act
thus, the appointment would not comply with the Constitution
 Temporary composition of the SC not authorized by the Constitution since the Supreme Power of Congress to impose property qualifications
Court is one of the permanent institutions of the government. 1. View that law constitutional – The view has taken that unless inhibited by the Constitution,
 Method of appointment of a SC justice provided by the Constitution is mandatory and a legislature has the power to impose property qualifications upon office holders. A certain public
binding upon all departments of government. officers be resident property owners does not transgress the constitutional guarantees of due process
and equal protection.
Construction of restrictions on eligibility 2. View that law unconstitutional – In a case, The Supreme Court stated the property
 Presumption in favor of ineligibility – There is a presumption in favor of the eligibility of one qualifications are inconsistent with the essence and nature of the republican system ordained in our
who has been elected or appointed to public office. Constitution and the principles of social justice underlying the same.
 Basis of presumption – A strong public policy exists in favor of eligibility to public office. Power of congress to impose property qualifications
 Rule of liberal construction – The right to public office should be strictly construed against 1. View that law constitutional- a legislature has the power to impose qualifications upon the
ineligibility. office holders.
General Rule: The right of a citizen to hold office 2. View that law unconstitutional- there is no rational connection between qualifications for
Exception: A citizen may not be deprived of this right without proof of some disqualification administering public affairs and ownership of real property.
specifically declared by law.
Time of possession of qualifications Qualifications prescribed by the constitution for certain officers
1. Where the time specified by the Constitution or law – The Constitution or law may, President and Vice President
expressly or by necessary implication, specify the time when the required eligibility must exist. The  Natural born citizen
candidate must possess the necessary qualifications at that time of the election.  Registered voter
2. Where Constitution or law is silent – It is necessary for the courts to have recourse to some  Able to read and write
other means of determining the matter.  At least 40 years of age on the day of election
 Resident of the Philippines for at least 10 years immediately preceding the election.
3. When qualification must always exist – The candidate or appointee may have been qualified Senators
at the time of his election or appointment is not sufficient to entitle him to hold the office.  Natural born citizen
 Registered voter
Removal of disqualification during term  Able to read and write
 At least 35 years of age on the day of election
 Courts have not agreed as to the effect of removal by an office-holder of his disqualifications  Resident of the Philippines for not less than 2 years immediately preceding the election.
after the commencement of term of office and during its continuance Members of the House
 Natural born citizen
Particular Qualifications and Disqualifications
 Registered voter in the district for which he shall be elected except in cases of party list, and
 Citizenship a Resident thereof for at least 1 year immediately preceding the election.
  Able to read and write of law in the Philippines.
 At least 25 years of age on the day of election Qualifications prescribed by law for certain officers
Secretaries of departments
Members of the Supreme Court and lower collegiate court  Citizens of the Philippines at least 25 years of age
 Natural born citizen Presiding justice and associate justices of the court of appeals
 Registered voter  Same as Supreme Court justices
 At least 40 years of age Judges of the Regional Trial Court
 Must have been for 15 years or more a judge of the lower court or engage in the practice of  Natural-born citizen
law  At least 35 years of age
 Of proven competence probity integrity and independence.  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
Chairman and commissioners of the civil service commissions Judges of the Municipal Trial Court
 composed of a Chairman and two Commissioners  Natural-born citizen
 who shall be natural-born citizens of the Philippines and,  At least 30 years of age
 at the time of their appointment, at least thirty-five years of age,  For at least 5 years, has been engaged in the practice of law in the Philippines requiring admission to
 with proven capacity for public administration, the practice of law, as indispensable requisite
 And must not have been candidates for any elective position in the elections immediately Elective Local Officials
preceding their appointment.
Commission on Audit General Applicability
 natural-born citizens of the Philippines  Citizen of the Philippines
 at the time of their appointment, at least thirty-five years of age,  Registered voter in the barangay, municipality, city or province or in the case of sanggunian,
 Certified Public Accountants with not less than ten years of auditing experience, or members the district where he intends to be elected, resident therein foe at least 1 year immediately preceding
of the Philippine Bar who have been engaged in the practice of law for at least ten years, the elections;
 And must not have been candidates for any elective position in the elections immediately  Able to read and write Filipino or any other local language or dialect.
preceding their appointment. Governor, Vice Governor, Sanggunian Panlalawigan, Mayor, Vice Mayor or Sanggunian Panlungsod of highly
 At no time shall all Members of the Commission belong to the same profession. urbanized cities
Commission on Elections  At least 23 years old on election day
 shall be natural-born citizens of the Philippines Mayor, Vice Mayor of independent component cities, component cities, or municipalities
 at the time of their appointment, at least thirty-five years of age,  At least 21 years old on election day
 holders of a college degree, Sanggunian Panlungsod or Sanggunian Bayan
 And must not have been candidates for any elective positions in the immediately preceding  Atleast18 years old on election day
elections. Punong Barangay or Sanggunian Barangay
 A majority thereof, including the Chairman, shall be members of the Philippine Bar who have  Atleast18 years old on election day
been engaged in the practice of law for at least ten years. Sanggunian Kabataan
Commission on Human Rights  Atleast15 years old, but not more than 21 years old on election day
 must be natural-born citizens of the Philippines Board of Election Inspectors
 A majority of whom shall be members of the Bar.  he is of good moral character
 The term of office and other qualifications and disabilities of the Members of the  irreproachable reputation,
Commission shall be provided by law.  a registered voter of the city or municipality,
The Ombudsman and his Deputies  has never been convicted of any election offense or of any other crime punishable by more than
 shall be natural-born citizens of the Philippines, six months of imprisonment or if there is a pending information against him for any election
 and at the time of their appointment, at least forty years old, offense
 of recognized probity and independence,  Able to speak and write English or the local dialect
 and members of the Philippine Bar,
 And must not have been candidates for any elective office in the immediately preceding Disqualifications to hold public office
election.
1. By Constitution or by Law- In general, individuals who lack any of the qualifications prescribed by the
 The Ombudsman must have, for ten years or more, been a judge or engaged in the practice
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.
3. Where appointing power resides
2. Other Causes a. Inherently belongs to the people
Mental or physical incapacity. b. Entrusted to designated elected and appointed public officials
Misconduct or crime
Impeachment. 4. Appointing power generally regarded as an executive function
Removal or suspension from office. a. Where power exercised by executive department
Previous tenure of office b. Where power exercised by other departments
Consecutive terms.
Holding more than one office. 5. Power to appoint discretionary
Relationship with the appointing power. a. Power of court to review appointments
Office newly created or the emoluments of which have been increased b. Power of Civil Service Commission to revoke appointment
Being an elective official- ineligible to be appointed to be designated
Having been a candidate for any elective position 6. Power may be absolute or conditional
Under the local government code a. absolute ‐ where the choice of the appointing authority is conclusive if it falls upon an eligible person. No
i.Sentenced by final judgement for an offense involving moral turpitude by 1 year or more further consent or approval is necessary.
imprisonment within 2 years after serving sentence b. conditional ‐ where assent or approval by some other officer or body, such as the Commission on
ii.Those removed from office as a result of an administrative case Appointments, is necessary to complete the appointment.
iii.Convicted by final judgement for violating ought of allegiance to the republic
iv.Dual citizenship 7. Restrictions on the power to appoint
v.Fugitive from justice in criminal or non-political cases here or abroad
vi.Insanity or feeblemindedness a. Generally
Persons to be appointed to a public office should possess the required qualifications and be selected solely with
Appointment of elective and appointive local officials and candidates who lost in an election (Political Lame- a view to the public welfare.
Ducks)
a. No elective or appointive local official shall be eligible for appointment or designation in any b. Under the Constitution
capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the a. “The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not,
primary functions of his position, no elective or appointive local official shall hold any other office or during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the
employment in the Government or any subdivision, agency or instrumentality thereof, including Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including
government-owned or controlled corporations or their subsidiaries. government‐owned or controlled corporations and their subsidiaries” Art. VII, Sec. 13
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 b. “Two months immediately before the next presidential elections and up to the end of his term, a President or
government-owned or controlled corporations or in any of their subsidiaries." Acting President shall not make appointments, except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or endanger public safety.”

c. “The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the
CHAPTER III: ACQUISITION OF RIGHT OR TITLE OF OFFICE courts, or in the heads of departments, agencies, commissions, or boards.”
A. In General
d. “The Supreme Court shall have the following powers: Appoint all officials and employees of the Judiciary in
1. Modes of Commencing official relations accordance with the Civil Service Law.”
The manner of selecting persons for public office is generally by either:
a. Election e. “The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from
b. Appointment a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments
need no confirmation. For the lower courts, the President shall issue the appointments within ninety days from
2. Meaning of “Appointment” the submission of the list.”
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. f. “The Constitutional Commissions shall appoint their officials and employees in accordance with law.”
b. It is equivalent to “filling a vacancy” in an office.
c. It is the nomination or designation of an individual to an office.
g. The Members of the Civil Service Commission, Commission on Elections and Commission on Audit shall be B. Appointments by the President
appointed “without reappointment xxx. Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.” 1. Power of appointment of the President
By the provision of Art. VII, Sec. 16 in the Constitution, the President is authorized to appoint, namely:
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 controlled corporations or in any of their subsidiaries.” a. First:
● heads of executive departments
i. “No elective official shall be eligible for appointment or designation in any capacity to any public office or ● ambassadors
position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no ● other public ministers and consuls
appointive official shall hold any other office or employment in the Government or any subdivision, agency or ● officers of the armed forces from the rank of colonel or naval captain
instrumentality thereof, including Government‐owned or controlled corporations or their subsidiaries.” ● other officers
i. regular members of Judicial and Bar Council
j. “The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by ii. chairman and commissioners of the Civil Service Commission
the Ombudsman, according to the Civil Service Law.” iii. chairman and commissioners of the Commission on Elections
iv. chairman and commissioners of the Commission on Audit
k. “The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees v. members of the regional consultative commission
prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such
appointments shall require no confirmation. All vacancies shall be filled within three months after they occur.” b. Second:

c. Under existing laws ● All other officers ‐ appointments are not otherwise provided by law and to be appointed to lower offices
created by Congress
8. When Appointment deemed complete
a. Not subject to confirmation c. Third ‐ those whom the President may be authorized by law
b. Subject to confirmation ● heads of government‐owned or controlled corporations
c. Approval by the Civil Service Commission ● undersecretaries
d. Effects of completed appointment ● heads of bureaus and offices
● other officials
9. Acceptance of appointment
a. Not necessary to completion or validity of appointment d. Fourth: ‐ appointments the Congress by law vests in the President alone
b. Necessary to possession of office ● other officers lower in rank

10. Form of Acceptance

a. Express or when done verbally or in writing 2. Confirmation of appointments by Commission on Appointments
b. Implied or when, without formal acceptance, the appointee enters upon exercise of the duties and functions
of an office a. Required
● first group above
11. Obligation of elected or appointed individual to accept office
a. Generally not subject to compulsion b. Unnecessary
b. Obligation in the nature of a social duty ● heads of bureaus
● certain offices under different departments which are not called bureaus
12. Necessary of written appointment i. Securities and Exchange Commission example
a. View that appointment should be evidenced by writing ii. Insurance Commission example
b. Contrary view ● members of Supreme Court
● judges of lower courts
13. Revocation of appointment ● Sandiganbayan
a. Where appointment final and complete ● Tanodbayan (Ombudsman) ~ including deputies
b. Where appointee has assumed position ● chairman and members of the Commission on Human Rights Art. VII Sec. 16
c. Where protestant more qualified than appointee
3. Appointment by other officials
Congress may vest power to appoint officers “lower in rank” to the following: Art. VII, Sec 16
a. heads of departments
b. agencies
c. commissions
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.
4. Kinds of Presidential appointments
a. as to manner in which it is made
● regular ‐ made by Congress while in session; subject to confirmation by the Commission on Appointments
● ad interim ‐ made while Congress is in recess
b. as to its nature
● permanent ‐ those which last until they are lawfully terminated
● temporary or acting ‐ those which last until a permanent appointment is issued
5. Ad interim appointments
a. These are appointments made by the President while Congress is in recess, thus, the Commission on
Appointments may only deliberate upon such appointments when Congress goes into session
b. The President is usually aided by the Commission on Appointments’ advice when it comes to appointments.
In case of ad interim appointments, however, the President acts alone and the system of checks and balances
vital to our system of government is not in place
c. Ad interim appointments, however, are necessary due to the existence of situations where there is a clear
and present urgency caused by an impending obstruction or paralysis of the function assigned to office to be
filled if no immediate appointment is made
d. An ad interim appointment is permanent in nature and not a mere temporary or acting appointment even if
it subject to confirmation by the Commission on appointments. However, it may be recalled or revoked by the
President before confirmation
6. Temporary or acting appointments
a. Generally, the power to appoint vested in the President includes temporary or acting appointments, unless
otherwise provided by law.
b. An acting appointment, being essentially temporary or provisional in character, cannot be validly confirmed
by the Commission on Appointments because 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
 b. Abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of
10. Separation of temporary employees incompatible office, creation of a new office, reaching the age limit and recall. Failure of persons chosen for
Can be terminated or withdrawn at the pleasure of the appointing power, without notice of hearing, or a office to accept or qualify for the office.
moment’s choice, and regardless of the grounds or reasons.
3. Filing of anticipated vacancies
11. Qualification in an appropriate examination a. Generally appointment legal – a prospective appointment to fill an anticipated vacancy in a public office,
a. Temporary appointment of non‐eligible in the absence of eligible made by the person or body which, as then constituted, is empowered to fill the vacancy when it arises, is in the
b. Appointment to a position requiring lower eligibility absence of express law forbidding it, legal appointment, and vests title to the office in the appointee.
c. Issuance/revocation of certificate of eligibility
b. Where appointment to take effect after expiration of appointing power – but the appointing power cannot
12. Approval/recall of appointments by the Civil Service Commission forestall the rights and prerogatives of their successors by appointing successors to offices expiring after its
a. Appointments required to be approved: power to appoint has itself expired. It is also plain that an appointment thus made by anticipation has no other
● General Rule: The Civil Service Commission must approve all appointments, whether original or promotional, basis than expediency and convenience.
to positions in the civil service and disapprove those where the appointees do not possess the appropriate
eligibility or required qualifications. E. Qualifying to Office
● EXPN: Presidential appointments, members of the Armed Forces of the Philippines, police forces, firemen, 1. Qualification
and jail guards. 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
b. Right of appointee to a hearing in case of disapproval undertaking to execute the trust confided in him.
c. Effectivity of appointment until disapproval
d. Criterion to be employed 2. Oath of office for public officers and employees
e. Extent of Commission’s authority a. Oath – is an outward pledge whereby one formally calls upon God to witness to the truth of what he says or
f. Attestation of appointment to the fact that he sincerely intends to do what he says
g. Keeping of records of all appointments ● Constitution – Article VII Section 5
h. Recall of appointment ● Administrative Code of 1987
i. Grounds for recall Rule VI, Sec. 20 Omnibus Implementing Regulations of the Revised Administrative Code : ● Local Government 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.
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 7. Liabilities of a de facto officer
c. Collateral security 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.
7. Necessity of giving official bonds
a. Mere incident of office b. While official acts of a d e facto officer are valid and may be binding with regard to third persons and the
b. Where time prescribed within which to give bond 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.
F. De Facto Officers
1. De facto doctrine c. It is likewise the general rule that a public officer cannot excuse his responsibility for crimes committed in his
Is the principle which holds that a person who, by the proper authority is admitted and sworn into office is official capacity by asserting that he was an officer de facto .
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 d. A rightful incumbent of a public office may recover from a d e facto officer the salary received by the latter
multiple and repetitious suits challenging every action taken by every official whose claim to office could be during the time of his wrongful tenure, even though he (the d e facto officer) occupied the office in good faith
open to question, and seeks to protect the public by insuring the orderly functioning of the government despite and under the color of title.
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 CHAPTER IV: POWERS, DUTIES, AND NORMS OF CONDUCT OF PUBLIC OFFICERS
officer in point of law.
A person where the duties of the officer are exercised: Source of powers and authority of public office.
a. without a known appointment or election, but under such circumstance of reputation or acquiescence as  People themselves.
were calculated to induce people, without inquiry to submit to or invoke his action, supposing him to be the  Public law.
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 Authority of public officer not presumed.
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 Authority of public officer and private agents distinguished.
there was a want of power in the electing or appointing body, or by reason of some defect or irregularity in its 1. Private agents
exercise, such as ineligibility, want of power, or defect being unknown to the public; or a. Universal
d. under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the b. General
same is adjudged to such. c. Special
2. Public agents
Officer is one who derives his appointment from one having colorable authority to appoint if the office is an a. General
appointive office, and whose appointment is valid on its face. b. Special/ Limited

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.
Ascertainment of authority of public officer.
4. Requirements to become officer de jure  Persons contracting with the public officer acting under a public law, must, at their peril, ascertain the
a. He must possess the legal qualifications for the office in question; scope of the officer's authority, and are chargeable with notice of the contents of the law conferring
b. He must be lawfully chosen to such office; and that authority.
c. He must have qualified himself to perform the duties of such office according to the mode prescribed by the
Constitution of law. Scope of power of a public officer.
5. Usurper or intruder is one who takes possession of the office and undertakes to act officially without any 1. Expressly conferred upon him by the law under which he has been appointed or elected;
color of right or authority, either actual or apparent. 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.
6. Elements of de facto officership
a. There must be a de jure office Territorial limitation of authority of public officers.
b. There must be a color of right or general acquiescence by the public. 1. Limited to territory where law has effect.
c. There must be actual physical possession of the office in good faith. 2. Action at a place not authorized by law ordinarily invalid.
 Exercise of discretion limited.
Duration of authority.  The exercise of the officer's discretion is still limited, by legal construction, to the evident purposes of
1. Duration of term as provided by the law. the act, and to what is known as a sound and legal discretion, excluding all arbitrary, capricious,
2. Where officer chosen to act in reference to a particular subject. inquisitorial and oppressive proceedings.

Construction of grant of powers. Remedy to compel exercise of duty.

 Strict interpretation and will be construed as conferring those powers only which are expressly  Purely ministerial - the courts will require specific action.
imposed or necessarily implied.  Purely discretionary - the courts, by mandamus, will require action only.

Classification of powers and duties. Delegation of discretionary powers.

From their nature Ministerial. — Official duty is ministerial when it is absolute, certain, and imperative  Unless the power to substitute another in his place has been given to him, a public officer cannot
involving merely execution of a specific duty arising from fixed and designated facts. delegate his duties to another.

Discretionary. — Discretionary or judicial duties are such as necessarily require the Delegation of ministerial powers.
exercise of reason in the adaptation of means to an end, and discretion in It can be delegated, except:
determining how or whether the act shall be done or the course pursued.  Expressly prohibited.
 Expressly requires the act to be performed by the officer in person.

Time to perform official acts.

1. Where no time stated in statute. — Must be performed within a reasonable time.
From the standpoint of Mandatory. — Powers conferred on public officers are generally construed as 2. Where time stated in statute. — The time period expressed is to be construed as directory and not
the obligation of the mandatory although the language may be permissive, where they are for the benefit mandatory, unless the nature of the act to be performed or the language used in the statute
officer to perform his of the public or individuals. evidences an intention to limit the power of the officer.
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 Ratification of unauthorized acts.
order, uniformity, system, and dispatch in public business, are generally deemed His acts may be ratified, except:
directory. a. When an act which was absolutely void at the time it was done.
b. Not merely voidable.

From the standpoint of Power of control. — It implies the power of an officer to manage, direct or govern, State is not estopped by the unauthorized or illegal acts of its agents.
the relationship of the including the power to alter or modify or set aside what a subordinate had done in
officer to his the performance of his duties and to substitute his judgment for that of the latter. Where superior officers have authority to ratify the acts of their inferiors, they are restricted to the ratification
subordinates of acts and contracts which they themselves are empowered to make.
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 Judicial review of official acts.
sees to it that the rules are followed, but he himself does not lay down such rules, 1. Where act involves exercise of discretionary power. — He is the sole and exclusive judge of the
nor does he have the discretion to modify or replace them. 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.
Ministerial and discretionary powers distinguished. 3. Where act reviewed done without jurisdiction. —The courts are not bound by an officer’s
1. Nature of act. — Determined by the facts of the particular case. interpretation of the law under which he presumes to act.
2. Exercise of discretion. — Whether the act complained of involves policy making or judgment.
Norms of conduct of public officials and employees.
Meaning of discretion. 1. Public office is a public trust.
Discretion - act or the liberty to decide according to the principles of justice and one's ideas of what is right and 2. Standards of personal conduct.
proper under the circumstances, without willfulness or favor. a. Commitment to public interest.
b. Professionalism.
 c. Justness and sincerity. e. Duties in choice and supervision of subordinates.
d. Political neutrality. 2. Ethical duties.
e. Responsiveness to the public. a. Duty as to outside activities. rights
f. Nationalism and patriotism. b. Duty where personal interest is involved.
g. Commitment to democracy. c. Duty to act with civility.
h. Simple living.
3. Duties of the Civil Service Commission. Duty to make financial disclosure.
a. Promote observance of these standards; and  To maintain public confidence in government and in public officials and employees,
b. Continue to research and experiment on measures which provide positive motivation to public  To avoid conflicts of interest from arising, to deter corruption,
officials and employees.  To provide the citizens with information concerning a public officer's financial affairs.

System of incentives and rewards. Specific duties of public officials and employees.
1. Criteria. 1. Act promptly on letters and requests.
a. Years of service; 2. Submit annual performance reports.
b. Quality and consistency of performance; 3. Process documents and papers expeditiously.
c. Obscurity of the position; 4. Act immediately on the public's personal transactions.
d. Level of salary; 5. Make documents accessible to the public.
e. Unique and exemplary quality of achievement;
f. Risk or temptation inherent in the work; and Actions on requests and petitions.
g. Any similar circumstances or consideration in favor of the particular awardee. 1. General rule - shall do so immediately, without discrimination, and in no case beyond fifteen (15)
2. Form of incentives and rewards. working days from receipt of the request or petition.
a. Bonuses; or 2. In case of written requests - shall act on the same within fifteen (15) working days from receipt
b. Citations; or thereof.
c. Directorship in government-owned or –controlled corporations; or 3. The department, office, or agency must take action within a period of fifteen (15) working days.
d. Local and foreign scholarship grants; or
e. Paid vacations; and Processing of papers and documents.
f. Automatic promotion to the next higher position suitable to his qualifications and with Within a reasonable time from the preparation thereof, in accordance with the following rules:
commensurate salary. 1. As prescribed by the law;
3. Committee on Awards. — Composed of the following: 2. If law is silent, head of department, office, or agency to determine reasonable time, taking into
a. The Ombudsman account the:
b. Chairman of the Civil Service Commission as Co-Chairmen a. Nature, simplicity or complexity of the subject matter;
c. Chairman of the Commission on Audit b. Completeness or inadequacy of requirements;
d. Two (2) government employees to be appointed by the President as members. c. Lack of resources caused by circumstances beyond the control of the department, office, or
agency or official or employee concerned;
Purpose: d. Legal constraints;
a. Conduct a periodic, continuing review of performance of officials and employees in all e. Fault, failure or negligence of the party concerned which renders decision or action not possible
departments, offices, and agencies; or premature; and
b. Establish a system of annual incentives and rewards to the end that due recognition is given to f. Fortuitous events or force majeure.
officials and employees of outstanding merit;
c. Determine the form of rewards to be granted; Signing of any written action or decision.
d. Formulate and adopt its own rules to govern the conduct of its activities.  Must contain no more than three (3) initials or signatures.
4. Secretariat. — Provide secretariat services to the Committee.
Public disclosure of statements of assets and liabilities.
Duties of public officers as trustees for the public. 1. Statement of Assets and Liabilities and Financial Disclosure.
1. In General Duties a. Contents.
a. Duty to obey the law.  real property, its improvements, acquisition costs, assessed value and current fair market
b. Duty to accept and continue in office. value;
c. Duty to accept burden of office.  personal property and acquisition cost;
d. Duty as to diligence and care.
  all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; b. In the case of the Executive Department, the heads of departments, offices, and agencies insofar
 financial liabilities, both current and long-term; as their respective departments, offices and agencies are concerned subject to approval of the
 all business interests and financial connections, Secretary of Justice;
b. When to file. c. In the case of the Judicial Department, the Chief Justice of the Supreme Court; and
 within thirty (30) days after assumption of office, statements of which must be reckoned as d. In case of the Constitutional Commissions and other Constitutional Offices, the respective
of his first day of service; Chairman and members thereof; in the case of the Office of the Ombudsman, the Ombudsman.
 on or before April 30, of every year thereafter, statements of which must be reckoned as of 6. Review and compliance procedures.
the end of the preceding year; 7. Basis in monitoring income and lifestyle of government officials and employees. — Sworn Statement
 within thirty (30) days after separation from the service, statements of which must be of Assets and Liabilities (SSAL).
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; Transparency of transactions and access to information.
 Senators and Congressmen, with the Secretaries of the Senate and the House of 1. Ensure transparency of public transactions.
Representatives, respectively; Justices, with the Clerk of the Supreme Court; Judges, with 2. Provide official information, except if:
the Court of Administrator; and all national executive officials, such as members of the a. must be kept secret in the interest of national defense or security or the conduct of foreign
Cabinet, Undersecretaries, and Assistant Secretaries, including the foreign service and heads affairs;
of government- owned or -controlled corporations with original charters and their b. would put the life and safety of an individual in imminent danger;
subsidiaries and state colleges and universities, with the Office of the President; c. falls within the concepts of established privilege or recognized exceptions as may be provided by
 Regional and local officials and employees, both appointive and elective, including other law;
officials and employees of government-owned or -controlled corporations and their d. information, record, or document comprises drafts of decisions, orders, rulings, policy-decisions,
subsidiaries, with the Deputy Ombudsman in their respective regions; memoranda, etc.;
e. would disclose information of a personal nature where disclosure would constitute a clearly
 Officers of the armed forces from the rank of colonel or naval captain, with the Office of the
unwarranted invasion of personal privacy;
President, and those below said ranks, with the Deputy Ombudsman in their respective
f. would disclose investigatory records compiled for law enforcement purposes that will cause
regions; and
partial adjudication; or
 All other public officials and employees, defined in Republic Act No. 3019, as amended, with
g. premature disclosure that will endanger the stability of financial institution.
the Civil Service Commission.
3. Establish information systems. — for the purpose of informing the public of such policies, programs,
d. Authority in favor of Ombudsman. — Execute, within thirty (30) days from the date of their
and accomplishments, and not to build the public image of any official or employee or advance his
assumption of office, the necessary authority in favor of the Ombudsman to obtain from all
own personal interest.
appropriate government agencies such documents as may show their assets, liabilities, net
worth.
Reforms on public administrative systems.
2. Identification and disclosure of relatives. — Such relatives shall include those up to the fourth civil
1. Conduct value development programs.
degree of relationships, either of consanguinity or affinity.
2. Conduct professional, etc. programs.
3. Accessibility of documents.
3. Conduct studies and analyses of work systems.
a. At reasonable hours.
4. Develop and make available a service guide.
b. Made available for copying after ten (10) working days from the time they are filed.
5. Consult the public for feedbacks and suggestions.
c. Available to the public for a period of ten (10) years after receipt of the statement.
6. Conduct research and experimentation.
4. Prohibited acts.
7. Designate a resident Ombudsman.
a. any purpose contrary to morals or public policy; or
8. Consult and dialogue with staff.
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;
CHAPTER V: RIGHTS AND PRIVILEDGES OF PUBLIC OFFICERS
D. Emoluments
A. IN GENERAL
Rights incident to public office 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.
Rights as a citizen
Includes fees and compensation as the incumbent of the office is, by law, entitled to receive.
a. Protection from publication commenting on his fitness and the like
b. Engaging in certain political and business activities Allowances are included in the term “emoluments” (i.e., representation and transportation, housing, etc.)

B. RIGHT TO COMPENSATION Basis of right to compensation

Power of Congress to fix compensation
1. Creation of law
a. Power primarily but not exclusively legislative in character 2. Services rendered
b. Power may be delegated subject to statutory limitations 3. Compensation fixed by law
4. Legal title to office
Compensation, not an element of public office 5. Amount of compensation
6. Ex oficio position
Forms of compensation defined and distinguished
Recovery of compensation
A. Compensation
1. From the government
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. a. De jure officer cannot recover that which has been paid to a de facto officer unless the government continues
to pay even after having received notice of an adjudication in favor of the de jure.
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 b. In cases where there is no de jure officer, a de facto officer is legally entitled to the emoluments of the office
money. if he is:

B. Salary 1. In good faith

2. Has possession of the office
is the personal compensation to be paid to the public officer for his services, it is generally a fixed annual or 3. Has discharge of the duties of said office
periodical payment depending on the time and not the amount of service.
2. From the de facto officer
It is distinguished from wages, as wages is given to officers of lesser rank and paid per day or week.
a. After the notice of adjudication in favor of the de jure officer, the de facto officer is not entitled to keep what
C. Per diem 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.
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. 3. From the intruder or usurper

is a daily allowance given for each day an officer or employee of government is away from her home base. It o An intruder or usurper has no right to the salary or emoluments of the office. He becomes liable to the de jure
is intended to cover the cost of lodging and subsistence of officers and employees when the latter are on duty officer in an action for money he had received.
outside of their permanent station.
Salary not subject to garnishment
Could rightfully be considered a compensation or remuneration attached to an office.
Garnishment
not deemed to be a salary within the Constitutional provision that no change in the compensation of officers is a kind of attachment for reaching credits belonging to the judgment debtor owing to him from a stranger
shall affect the salary of any officer during his existing term. to litigation.
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 payment of his debts for the following reasons:
1. While the money is still in the hands of the disbursing officer, it belongs to the Government;
2. Public policy forbids such practice since it would be fatal to the public service;
3. The garnishment or attachment of an officer’s salary is tantamount to a suit against the State in its own court,
which is
prohibited except with its consent.
The prohibition does not apply in the following cases:
1. The law, in certain instances, specifically authorizes payment where it appears just and necessary
2. Additional compensation is received not from government or any of its entities
3. In case of double appointments where there are 2 distinct offices, the public officer may draw the salary
attached to the 2nd position only when law specifically authorizes him.
Free voluntary service to the government
Free voluntary service
refers to services rendered by persons who are in government without pay or compensation.

Agreements affecting compensation 1. Requirements for free voluntary service

a. Compensation is given not only for remuneration of services but also to enable the incumbent to give due a. Issuance of an appointment document
attention to his official duties and to perform them better. b. Fitness and suitability for the duties and responsibilities of the particular position
c. Compliance with the rule on nepotism
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 intended. This rule specifically refers to unperformed 2. Functions or services that volunteers can perform:
services and the salaries attached thereto and to those already performed which the officer can validly disburse
as he may see fit. a. Advisory
b. Consultancy or counseling
b. The following agreements are invalid: c. Recommendatory
d. Professional services
1. Agreement to accept, or acceptance of less or other than legal compensation e. Staff work such as planning or research
2. Sale, assignment, or barter of said compensation f. Humanitarian
3. Dividing compensation with others if it amounts to an anticipatory agreement
3. Applicable laws and rules
Prohibition against diminution of salary
o The Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act no. 6713) and the
a. Congress has absolute power to fix or alter the compensation of public officers, except as provided by the Implementing Rules on:
Constitution.
a. Rewards and incentives
b. The Constitution prohibits Congress from reducing the salary of the following constitutional officers during b. Norms of conduct and ethical standards
their term or tenure in order to secure their independence: c. Duties and obligations of public officers and employees
d. Prohibitions and sanctions
1. President and Vice-President enumerated in the Implementing Rules
2. Chief Justice, Associate Justices of the Supreme Court, and judges of lower courts e. Civil and criminal liability
3. Chairmen and members of the Constitutional Commissions
4. Ombudsman and his Deputies 4. Exemptions

Prohibition against receiving additional, double, or indirect compensation o Those who render free voluntary service are exempted from the following:

“No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, a. Filing of statements of assets and liabilities and net worth, and financial disclosures
unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, b. Requirement of divestment
office, or title of any kind from any foreign government. c. Eligibility requirements
d. Security of tenure
Pensions or gratuities shall not be considered as additional, double, or indirect compensation.” (Constitution,
Article IX-B, Section 8) 5. Prohibitions
 It is the movement from one position to another of equivalent rank, level, or salary without break in service
o Unless otherwise provided in the terms of their designations, volunteers are prohibited from: involving issuance of appointment.

a. Exercising supervisory functions over personnel 4. Reinstatement

b. Exercising functions of positions involving national security
c. Having access to confidential or classified information unless authorized by proper authorities It means restoration to a state or condition from which one has been removed or separated.
d. Occupying regular plantilla positions
e. Having such services credited as government service and availing themselves of retirement benefits 5. Reemployment
f. Using facilities and resources of the office for partisan political purposes
g. Receiving any pecuniary benefit such as honoraria, allowances, and other perquisites of office. 6. Detail

C. OTHER RIGHTS It is the movement of an employee from one department or agency to another without the issuance of
1. Rights under the Constitution appointment and shall be allowed only for a limited period in case of employees occupying professional,
technical, and scientific positions.
a. Right to self-organization
b. The right to protection of temporary employees 7. Reassignment
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 8. Demotion

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 is the movement from one position to another involving the issuance of an appointment with diminution in
duties, responsibilities, status, grade or rank which may or may not involve reduction in salary.
5. Rights under the Revised Government Service Insurance Act
o Covered employees are entitled to the following benefits:

3. Rights under the Civil Service Decree and the new Administrative Code 1. Retirement benefits
2. Separation benefits
a. The right to preference in promotion 3. Unemployment or involuntary separation benefits
b. The right to present complaints and grievances 4. Disability benefits
c. The right not to be suspended or dismissed except for cause as provided by law and after due process 5. Survivorship benefits
d. Right to organize 6. Funeral benefits
7. Life insurance benefits
NEXT-IN-RANK RULE
6. Pension
4. Personnel actions
are regular allowances paid to an individual or group of individuals by the government in consideration of
refers to any action denoting movement or progress of personnel in the civil service which must be in services rendered, or in recognition of merit, civil or military
accordance with the rules or standards promulgated by the Civil Service .
Pension and gratuity distinguished
o Personnel actions include the following: o Gratuity is a donation and act of pure liberality on the part of the State.

1. Appointment through certification 7. Retirement

2. Promotion as a withdrawal from office public station, business, occupation, or public duty.
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. 8. Right to reimbursement and indemnity

3. Transfer 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. Divestment (RA 6713, sec 3, f,g,I,j,k)
(6) Any others specially disqualified by law. A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he
The prohibitions in the two preceding articles are applicable to sales in legal redemption, compromises and shall resign from his position in any private business enterprise within thirty (30) days from his assumption of
renunciations. 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.
BSP The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor
Outside the interest of the Gov. and Full time monetary board members to laborers and casual or temporary workers.
Personnel (Anti-Graft and Code of Ethical Standards)
"Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a
BIR substantial stockholder of a private corporation or owner or has a substantial interest in a business, and the
Unlawful divulgence of trade secrets (PD 1158 sec 269) interest of such corporation or business, or his rights or duties therein, may be opposed to or affected by the
Unlawful interest of revenue law enforcers in business. (PD 1158 sec 270) faithful performance of official duty.

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
"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.

Code of Conduct and Ethical Standards "Family of public officials or employees" means their spouses and unmarried children under eighteen (18) years
(a) Public officials and employees shall not, directly or indirectly, have any financial or material interest in any of age.
transaction requiring the approval of their office.
(b) Outside employment and other activities related thereto. - Public officials and employees during their CHAPTER VII: LIABILITIES OF PUBLIC OFFICERS
incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, Administrative Cases/Matters Criminal and Civil Cases
trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly
Purpose Protection of public service Punishment of crimes
allowed by law;
(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that Constitution of the act or Solely administrative May be administrative and criminal
such practice will not conflict or tend to conflict with their official functions; or omission
(3) Recommend any person to any position in a private enterprise which has a regular or pending official
Case administration Does not bar from criminal Does not foreclose administrative action, if due
transaction with their office.
penalty; to insufficiency of evidence;
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
Does not bar from filing of Will not necessarily result to liability in the
cannot practice his profession in connection with any matter before the office he used to be with, in which case
criminal information; administrative case
the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or
Double jeopardy does not apply
divulge, confidential or classified information officially known to them by reason of their office and not made
available to the public, either: Prejudicial Question Not applicable
(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.
A. In General Proceedings against public officers

Doctrine of official immunity from liabilities for public officers 1. Evidence and procedure
Substantial evidence – such relevant evidence as a reasonable mind might accept as adequate to
The promotion of fearless, vigorous, and effective administration of policies of government. The support a conclusion.
threat of suit could also deter competent people from accepting public office.
2. Right to be informed of findings and recommendations of an investigating committee.
3. Object of administrative proceedings.
Official immunity and State immunity distinguished 4. Right to counsel.
5. Effect of death.
Official immunity is by protecting the public official in the performance of his government function. It
serves as a protective aegis for public officials from tort liability for damages arising from discretionary acts or Administrative liability incurred in a previous term by an elective official
functions in the performance of their official duties. 1. Re-election operates as electorate condonation of a previous misconduct
Condonation Rule – applied regardless of the date of filing of the administrative complaint as long as the
State immunity does not apply in causes of action which do not seek to impose a charge or financial wrongdoing was committed prior to the date of re-election.
liability against the government. 2. Condonation does not extend to reappointed coterminous employees.
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
Official immunity not absolute. Hence, such immunity shall only apply to the following: this with knowledge of his life and character and that they disregarded or forgave his faults or misconduct if
he had been guilty of any” - refers only to an action for removal from office and does not apply to criminal case.
1. Suit to enforce liability for personal torts; and
2. Suit to compel performance of official duty or restrain performance of an act. B. Civil Liability
Exceptions:
a. A public officer may be sued as such to compel him to do an act required by law;
b. From enforcing a law claimed to be unconstitutional; and Requisites for recovery of damages arising from acts of public officers
c. The government itself violated its own laws.
Two things that must concur in order to create the right of action:
Liability based upon and co-extensive with duty
Two Classes of public officers 1. Damage to himself; and
2. A wrong or violation of the right of a party committed by the other.
1. Those whose duty is owing solely to the public; and
2. Those whose duty is owing in some degree to the individuals.
Effect of contributory negligence of injured party
Three-fold responsibility of public officers
Rule: Public officers should be held to a faithful performance of their official duties, and made to answer in
1. CIVIL. If individual is damaged by the violation of duty, the officers shall be held liable civilly to reimburse the damages to all persons who may have been injured through their malfeasance, omission or negligence.
injured party;
2. CRIMINAL. If the law has attached a penal sanction, the officer may be punished criminally;
3. ADMINISTRATIVE. The violation of disciplinary power may lead to imposition of fine, reprimand, suspension, Liability of the President for Official Acts
or removal from office, as the case maybe.
1. Civil responsibility
2. Criminal Liability
Criminal and civil cases different from administrative matters 3. Liability for Damages
(Criminal and civil cases VS. Administrative matters)
 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
Liability of other Executive Officials for Official Acts another judge at the instance of a dissatisfied litigant.
2. Liability for rendering an unjust judgment
Government officials performing discretionary functions generally are shielded from liability for civil damages 3. Liability for gross ignorance of law and incompetence
insofar as their conduct does not violate clearly established statutory or constitutional rights which any 4. Quantum of proof necessary to support administrative charges
reasonable person would have known.

Reasons for immunity Liability of Quasi-judicial Officers for Official Acts

1. Nature of functions
a. Immunity is necessary because the imposition of monetary costs for mistakes which were not 2. Reasons for Immunity
unreasonable in the light of all circumstances would undoubtedly deter the most conscientious 3. Liability for ministerial acts
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 Liability of Ministerial Officers for Official Acts
action deferred will be futile or constitute virtual abdication of office. 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
Liability of Legislative Officials for Official Acts exercise of his own judgment upon the propriety or impropriety of the act done.

Members of the Congress are not only exempt from general liability but certain special privileges are accorded 2. Requisites for liability
them by the Constitution. 3. Liability where officer also acts extra-judicially

Reasons for immunity Kinds of Liability of Ministerial Officer

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. 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.

1. Reasons for immunity Liability of Superior Officer for Acts of Subordinates

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.
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 Liability of Accountable Officers to the Government
1. Acts done within scope of official authority 1. Bond requirement
2. Acts done without or in excess of official authority 2. Primary and secondary responsibility
3. General liability for unlawful expenditures
Liability under the Civil Code 4. Measure of liability of accountable officers
1. For failure or neglect to perform official duty 5. Liability for acts done by direction of superior officers
2. For violating rights and liberties of private individuals
a. Freedom of Religion; C. CRIMINAL LIABILITY
b. Freedom of speech; Generally: No public officer, however high his position, is above the law; all may be punished for criminal
c. Freedom to write to the press or to maintain a periodical publication; acts.
d. Freedom from arbitrary or illegal detention; Crimes Peculiar to Certain Public Officers
e. Freedom of suffrage; 1. Revised Penal Code
f. The right against deprivation of property without due process of law; a. Malfeasance and misfeasance in office;
g. The right to a just compensation when private property is taken for public use; b. Frauds and illegal exactions and transactions;
h. The right to the equal protection of laws; c. Malversation of public funds or property;
i. The right to be secure in one’s person, house, papers, and effects against unreasonable d. Infidelity of public officers; and
searches and seizures; e. Other offenses and irregularities committed by public officers which include disobedience,
j. The liberty of abode and of changing the same; refusal of assistance, maltreatment of prisoners, prolongation and abandonment of the
k. The privacy of communication and correspondence; duties and powers of public office, usurpation of powers, and unlawful appointments.
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; CHAPTER VIII: TERMINATION OF OFFICIAL RELATIONS
n. The right to be free from involuntary servitude in any form;
o. The right of the accused against excessive bail; A. Specifically
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 Modes of termination of official relations
witnesses face to face, and to have compulsory process, to secure the attendance of witness The authority and duties imposed by the office may be terminated by any of the following ways:
in his behalf; 1. Expiration of the term of tenure of office
q. Freedom from being compelled to be a witness against one’s self, or from being forced to 2. Reaching the age limit
confess guilt, or from being induced by a promise of immunity or reward to make such 3. Death or permanent disability
confession, except when the person confessing becomes a state witness; 4. Resignation
r. Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed 5. Acceptance of incompatible office
or inflicted with the statute which has not been judicially declared unconstitutional; and 6. Abandonment of office
s. Freedom of access to the courts 7. Prescription of right to office
8. Removal
3. For failure to render aid or protection to a person 9. Impeachment
10. Abolition of office
11. Conviction of a crime
Liability on Contract Executed in behalf of the Government 12. Recall
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 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
Liability for Unexplained Wealth public officer must ipso facto cease.
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 Term- when used in reference to the tenure of office means ordinarily a fixed and definite time prescribed by
2. On the other hand, R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) penalizes certain acts law or the Constitution by which an officer may hold an office.
(enumerated in Section 2 thereof) of public officers and private persons alike which constitute graft or
corrupt practices or which may lead thereto. 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.
2. Where appointment is for a definite and renewable period, non-renewable thereof does not involve dismissal
but an expiration of term.
Term and tenure distinguished
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.
Tenure represents the period during which the incumbent actually holds the office.
Commencement of terms of office
1. Date for commencement is fixed for some appreciable period after the election or appointment.
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 appointed.
3. Where the term runs “from” a certain date, the day of the date is excluded in the computation.
Power of Congress to fix, shorten, or lengthen term
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
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.
3. Where Constitution limits term- holding over is not permitted
4. Application of hold-over provision-provision for holding-over applies only where a fixed term is annexed to an
office.
5. Purpose of hold-over provision- is to prevent a hiatus in the government pending the time when a successor
may be chosen and inducted into office.
6. Status of hold-over officer- is a de jure officer if his holding over is authorized by law; otherwise he is a de
facto officer.
Office Created for the Accomplishment of a Specific Act
Where an office is created, or an officer is appointed for performing a single act or accomplishment of
a result, the office terminates and officer's authority ceases with the accomplishment of the purpose which
called it into being.
By Reaching of Age Limit
This mode of terminating official relations results in the compulsory and automatic retirement of a
public officer.
By death or permanent Disability
The death of incumbent of an office necessarily renders the office vacant.
Permanent disability covers both physical and mental disability.
C. Acts or Neglect of Officer
By Resignation
A resignation by definition is the formal renunciation or relinquishment of a public office. It implies an
expression by the incumbent in some form, express or implied, of the intention to surrender, renounce, and
relinquish his right to the office and its acceptance by competent and lawful authority.
Forms of resignation
1) Where by law a resignation is required to be made in any particular form that form must be substantially
complied with.
2) Where no such form is prescribed, no particular mode is required, but the resignation may be made by any
method indicative of the purpose. It need not be in writing unless so required by law. It may be oral or implied
by conduct.
What constitutes resignation
1) To constitute resignation of public office, there must be a) an intention to relinquish a part of the term
b)accompanied by the voluntary act of relinquishment, and c) an acceptance by the proper authority.
2) A resignation implies an expression of the incumbent in some form, express or implied, of the intention to
surrender, renounce, and relinquish the office his/her accompanied by the act of relinquishment.
3) As the intent to relinquish must concur with the overt act of relinquishment, the acts of the employee before
or after the alleged resignation must be considered in determining whether he or she, in fact intended to severe
his or her employment.
a) A written resignation, delivered to the board to the board or officer authorized to receive it and fill
the vacancy thereby created, is prima facie, but not conclusive evidence of the intention to relinquish
the office. Such resignation must be signed by the party tendering it.
 b) By applying for and receiving retirement benefits, one may be deemed to have irrevocably resigned office other than that which he holds, it is not a case of incompatibility but of legal or constitutional
from the government service. prohibition.
c) A voluntary resignation is difficulty to reconcile with the filing of a complaint for illegal dismissal.
When offices incompatible with each other.
To whom resignation tendered.
The official with whom a resignation of a public office must be filed may be designated by statute. In Incompatibility is to be found in the character of the officers and their relation to each other, in the
the absence of a statutory direction, a public officer should tender to the officer or body having authority to subordination of the functions and duties which attach to them. It exists where:
appoint his successor or to call an election to fill the office.
1) There is conflict in such duties and functions, so that the performance of the duties of one interferes
Necessity of acceptance of resignation. with the performance of the duties of the other, as to render it improper from consideration of public policy for
1) Abandonment unlawful before acceptance. one person to retain both; and
2) Resignation revocable before acceptance.
2) One is subordinate to the other and is subject in some degree to its supervisory power for obviously in
Form of acceptance such a situation where both positions are held by the same person, the design that one acts as a heck on
The acceptance of the resignation may be manifested either by a formal declaration or by the the other would be frustrated; or
appointment of a successor. So where the written resignation of the officer, intended to operate as such, was
duly written in the proper office without objection, and was endorsed as his resignation, it was held that this 3) The Constitution or the law itself, for reasons of public policy, declares the incompatibility even there is no
was a sufficient acceptance, if any was required. inconsistency in the nature and functions of the office. Incompatibility of offices or positions requires the
involvement of two government offices or positions which are held by on individual;

Withdrawal of resignation. Exceptions to the rule on holding incompatible offices.

An immediately effective resignation may be withdrawn before it is acted upon, but not after
acceptance. It has also been held that the resignation of an officer, effective at a future date, may not be 1) Where the officer cannot vacate the first office by his own act, upon the principle that he will not be
withdrawn after the resignation has been accepted. Accordingly, a public employee is entitled to withdraw a permitted to, thus, do indirectly what he could not do indirectly, as where the law requires the approval
prospective resignation if the employee dies so before its effective date, before it has been accepted, and of the provincial board before a municipal official can resign.
before the appointing power acts in reliance on the resignation.
2) Where the first office is held under a different government from that which conferred the second;
Repudiation of resignation.
3) Where the officer is expressly authorized by law to accept another office; and
1) A resignation is not effective although a successor has already been appointed to take the place of the first
incumbent if said resignation has been transmitted without the officer's consent; 4) Where the second office is temporary.
2) The resignation of a public officer procured by fraud or by duress is 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 having given by the officer voluntarily and willingly. By abandonment of office.

Effect of duress or coercion. Meaning of abandonment – Abandonment in law means a voluntary relinquishment of an office by the holder of
A resignation by an officer charged with misconduct is not given under duress or coercion, though the all right, title or claim thereto without valid or justifiable reason with the intention of not reclaiming it, or
appropriate authority has already determined that the officer's alternative is termination, where such terminating his possession and control thereof.
authority has the legal authority to terminate the officer's employment under the particular circumstances,
since it is not duress to threaten to do what one has the legal right to do, or to threaten to take any measure When there is abandonment of office.
authorized by law and the circumstances of the case.
A public office is not deemed property but like any other right or property it may be abandoned.
By acceptance of an incompatible or prohibited office. 1) Clear intention to abandon office.
2) Acceptance of another office.
1) It is contrary to the policy of the law that the same individual should undertake to perform inconsistent 3) Concurrence of overt acts and intention.
and incompatible duties. He who, while occupying one office, accepts another incompatible with the first, ipso 4) Failure to discharge duties of office, or to claim or resume it.
facto, absolutely vacates the first office. 5) Acquiescence by the officer.

2) If the law or Constitution as an expression of public policy forbids the acceptance by a public officer of any
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
Removal – entails the ouster of an incumbent before the expiration of his term. It implies that the office exists
after the ouster. Another term used is dismissal
What constitutes removal?
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 may remove them with or without cause and
Congress may not restrict such power.
2. With respect to officers exercising quasi-legislative or quasi-judicial functions.
3. With respect to constitutional officers removable only by means of impeachment and judges of lower
courts, they are not subject to the removal power of the President.
4. With respect to civil service officers, the President may remove them only for cause as provided by law
5. With respect to any officer or employee holding temporary, provisional or acting appointments, the
President may remove them at his pleasure with or without cause.
6. With respect to officers holding public offices created by aw where i9t is provided that they shall hold
office at the pleasure of the President their 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 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 requirement of the Constitution
7. With respect to those whose appointments were made on bases other than those of the usual test of
merit and fitness utilized for the career service, their tenure is co-terminus with that of the appointing
authority or subject to his pleasure.
8. With respect to local elective officials, see infra
Grounds for remove or suspension under the Constitution
1. Member of Congress – each house may punish its members for disorderly behaviour and with the
concurrence of 2/3 of all its members, suspend or expel a member. A penalty of suspension, when
imposed shall not exceed 60 days.
2. The President, the Vice-President, the Members of the Supreme Court, the members of the
Constitutional Commissions, and the Ombudsman- they may be removed from office, on
impeachment for and conviction of, culpable violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal of public trust.
3. Member of the judiciary-they shall hold office during good behaviour until they reach the age of 70
years or become incapacitated to discharge the duties of their office.
4. Civil service officers or employees-they shall not be removed or suspended except for cause provided
by law.
Grounds for disciplinary action under the Local Government Code. 27. Conduct prejudicial to the best interest of the service
28. lobbying for personal interest or gain in legislative halls and offices without authority
1. Disloyalty to the Republic of the Philippines 29. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or
2. Culpable violation of the Constitution public welfare purposes and even in the latter cases if there is no prior authority
3. Dishonesty, oppression, misconduct in office and neglect of duty 30. Nepotism
4. Commission of any offense involving moral turpitude or an offense punishable by at least prision
mayor.
5. Abuse of authority Nepotism.
6. Unauthorized absence for fifteen (15) consecutive working days except in the case of members of the
Sanggunian panlalawigan, Sanggunian panglunsod, Sanggunian Bayan and Sanggunian barangay, and The Civil Service Decree prohibits all appointments in the national and local governments or any branch or
7. Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of instrumentality thereof, including government-owned or controlled corporations, made in favour of a relative of
another country the:
8. Such other ground as may be provided in the Codes and other laws. 1. appointing authority
2. recommending authority
Grounds for disciplinary action under the Civil Service Law 3. chief o the bureau or office
4. person exercising immediate supervision over the appointee
1. Dishonesty
2. Oppression The following are exempted from the operation of the rule of nepotism:
3. Neglect of duty 1. persons employed in a confidential capacity
4. Misconduct 2. teachers
5. Disgraceful and immoral conduct 3. physicians
6. Being notoriously undesirable 4. member of the Armed Forces of the Philippines
7. Discourtesy in the course of official duties
8. Inefficiency and incompetence in the performance of official duties Grounds for disciplinary action under the Code of Conduct and Ethical Standards
9. Receiving for personal use a fee, or other valuable thing in the course of official duties or in connection 1. Directly or indirectly having financial and material interest in any transaction requiring the approval of
therewith when such is given by any person in the hope or expectation of receiving a favour or better his office
treatment than that accorded other persons, or committing acts punishable under the anti-graft laws 2. owning, controlling, managing or accepting employment as officer, employee, consultant, counsel,
10. Conviction of a crime involving moral turpitude broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licenses by his
11. Improper or unauthorized solicitation of contribution from subordinate employees and by teachers or office, unless expressly allowed by law
school officials from school children 3. engaging in the private practice of his profession unless authorized by the Constitution, law or
12. Violation of existing Civil Service Law and rules or reasonable office regulations regulation, provided that such practice will not conflict or tend to conflict with his official functions
13. Falsification of official documents 4. recommending any person to any position in a private enterprise which has a regular or pending
14. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized official transaction with hi \s office, unless such recommendation or referral is mandated by :
absences from duty during regular office hours. A. law
15. Habitual drunkenness B. international agreements,
16. Gambling prohibited by aw C. commitment and obligation
17. Refusal to perform official duty or render overtime service 5. disclosing or misusing confidential or classified information officially known to him by reason of his
18. Disgrace, immoral or dishonest conduct prior to entering the service office and not made available to the public, to further his private interests or give advantage to
19. Physical or mental incapacity or disability due to immoral or vicious habits anyone, or to prejudice the public interest
20. Borrowing money by superior officers from subordinates or lending by subordinates to superior 6. soliciting or accepting, directly or indirectly, any gift, gratuity, favour, entertainment, loan or anything
officers of monetary value which in the course of his official duties or in connection with any operation being
21. Lending money at usurious rates of interest regulated by or any transaction which may be affected by the functions of his office
22. Wilful failure to pay just debts or wilful failure to pay taxes due to the government 7. obtaining or using any statement filed under the Code for any purpose contrary to morals or public
23. Contracting loans of money or other property from persons with whom the office of the employee policy or any commercial purpose other than by news and communications media for dissemination to
concerned has business relations the general public
24. Pursuit of private business, vocation or profession without the permission required by Civil Service 8. unfair discrimination in rendering public service due to party affiliation or preference
rules and regulations 9. disloyalty to the Republic of the Philippines and to the Filipino people
25. Insubordination 10. failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise
26. Engaging, directly or indirectly, in partisan political activities by one holding non-political office provided in the Implementing Rules
 11. failure to process documents and compete action on documents and papers within a reasonable time B. the office of the Governor in the case of component cities
from preparation thereof, except as otherwise provided in the Implementing Rues C. the Metropolitan Manila Authority in the case of cities and municipalities in Metropolitan Manila
12. failure to attend to anyone who wants to avail himself of the services of the office or to act promptly d. DILG in all cases
and expeditiously on public personal transactions 5. commencement of preliminary investigation
13. failure to file swoon statements of assets, liabilities and net worth, and disclosure of business interests 6. evaluation
and financial connections 7. dismissal motu proprio
14. failure to resign from his position in the private business enterprise with thirty (30) days from 8. 90-day ban
assumption of public office when conflict of interest arises, and/or failure to divest himself of his 9. power to suspend- preventive suspension may be imposed by the Disciplining Authority in cases
shareholding or interests in private business enterprise within sixty (60) days from such assumption of where the respondent is an elective officials of the following LGUs:
public office when conflict of interest arises. A. provinces
B. highly urbanized cities
Administrative investigation of elective local officials C. independent component cities
D. cities or municipalities in Metropolitan Manila
1. Form and filing of administrative complaints. A verified complaint against local elective officials shall be 10. 90-day ban
prepared as follows: 11. Grounds
A. a complaint against any elective official of a province, a highly urbanized city, an independent 12. Duration
component city, or component city shall be filed before the Office of the President 13. automatic reinstatement
B. a complaint against any elective official of municipality shall be filed before the Sanggunian Panlalawigan 14. salary of respondent pending suspension
whose decision may be appealed to the Office of the President 15. formal investigation
C. a complaint against any elective barangay official shall be filed before the Sanggunian Panlungsod or 16. termination of final investigation
Sanggunian Bayan whose decision shall be final and executory 17. rendition of decision
2. Notice of hearing 18. finality of decision
3. Preventive suspension- it may be imposed: 19. execution pending appeal
A. by the President, if the respondent is an elective official of a province, a highly urbanized city or an 20. penalty
independent component city 21. suspension
B. by the governor, if the respondent is an elective official of a component city or municipality 22. removal
C. by the mayor, if the respondent is an elective official of the barangay 23. executive clemency
4. Salary of the respondent pending suspension
5. rights of respondent Disciplinary action against appointive local officials and employees.
6. form and notice of decision
7. administrative appeals – decisions in admin cases may within thirty (30) days from receipt thereof, be 1) Administrative discipline – Investigation and adjudication of administrative complaints against appointive
appealed to the following: local officials and employees as well as their suspension and removal shall be in accordance with the civil service
A. Sanggunian panlalawigan, in the case of decisions of the Sanggunian panlungsod of component cities law and rules and other pertinent laws. The results of such administrative investigations shall be reported to the
and the Sanggunian Bayan; Civil Service Commission.
B. the Office of the President in the case of decisions of the Sanggunian panlalawigan and the Sanggunian
panlungsod of highly urbanized cities and independent component cities
2) Preventive Suspension.
8. execution pending appeal
The provisions of AO 23 are given below: (a) The local chief executives may preventively suspend for a period not exceeding sixty (60)
1. how initiated days any subordinate official or employee under his authority pending investigation if the
2. where complaint filed charge against such official or employee involves dishonesty, oppression or grave misconduct or
A copy of the complaint shall be furnished to each of the following: neglect in the performance of duty, or if there is reason to believe that the respondent is guilty of the
A. the office of the Governor in the case of component cities charges which would warrant his removal from the service.
B. the Metropolitan Manila Authority in the case of cities and municipalities in Metro Manila (b) Upon expiration of the preventive suspension, the suspended official or employee shall be
C. the DILG in all cases automatically reinstated in office without prejudice to the continuation of the administrative
3. Notice proceedings against him until its termination. If the delay in the proceedings of the case is due to
4. Where answer filed the fault, neglect or request of the respondent, the time of the delay shall not be counted in computing
A copy of the answer shall be furnished to each of the following: the period of suspension herein provided.
A. the complainant
3) Administrative investigation – In any local government unit, administrative investigation may be conducted *skipped these parts. Not enough time.*
by a person or committee duly authorized by the local chief executive. Said person or committee shall conduct  Appeal by “party adversely affected by the decision.”
hearings on the cases brought against appointive local officials and employees and submit their findings and  Withdrawal of complaint against respondent.
recommendations to the local chief executive concerned within fifteen (15) days from the conclusion of the  Cessation from office of respondent.
hearings. The administrative cases herein mentioned shall be decided within ninety (90) days from the time the  Procedure in administrative cases against non-Presidential appointees.
respondent is formally notified of the charges.

4) Disciplinary jurisdiction – Except as otherwise provided by law, the local chief executive may impose the APPEAL TO THE PRESIDENT
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 1. Period to Appeal
officials and employees under his jurisdiction. 2. Appeal, how taken
3. Appeal fee
5) Execution pending appeal – An appeal shall not prevent the execution of a decision of removal or suspension 4. Transmittal of record
of a respondent-appellant. In case the respondent-appellant is exonerated, he shall be reinstated to his position 5. Perfection of Appeal
with all the rights and privileges appurtenant thereto from the time he had been deprived thereof. 6. Period to file appeal memorandum
7. Appeal Memorandum
Disciplinary jurisdiction of the Civil Service Commission. 8. Non-compliance with requirements
9. Stay of execution
1) Scope- The Civil Service Commission has jurisdiction over all employees of Government branches, 10. Action to appeal
subdivisions, instrumentalities, and agencies including government owned or controlled corporations with 11. Comment
original charters. As the Commission on Elections is the “sole judge” of call election cases and the Commission 12. Submission of resolution
on Audit, with respect to government accounts, the Civil Service Commission is the single arbiter of all 13. Memorandum decision
controversies pertaining to civil service positions in the government service, whether career or non-career. 14. Finality of decision
15. Executory nature of decision
2) Appellate jurisdiction over administrative disciplinary cases – The CSC shall decide upon appeal all 16. Withdrawal of Appeal
administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty (30) 17. Delegation of Authority
days, or fine in an amount exceeding thirty (30) days' salary, demotion in rank or salary or transfer, removal or 18. Limitation of appeals
dismissal from office. 19. Application of Rules of Court

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 MERIT SYSTEM PROTECTION BOARD
matters involving disciplinary action against officers and employees under their jurisdiction.
Composition:
4) Investigation by a regional director or similar official – An investigation may be entrusted to a regional 1. Commissioner
director or similar officials who shall make the necessary report and recommendation to the chief or bureau or 2. Two Associated Commissioner
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 1. Power and Function
penalty is suspension or removal the respondent shall be considered as having been under preventive 2. Appellate jurisdiction of the Civil Service Commission
suspension during the pendency of the appeal in the event he wins an appeal.
PREVENTIVE SUSPENSION
6) Reconsideration of a final and executory decision not allowed – The CSC has no power or authority to 1. Kinds
reconsider its decision which has become final and executory even if the Commission later discovers that its a. Preventive suspension pending investigation
judgment is erroneous. b. Preventive suspension pending appeal
2. Preventive suspension pending investigation
7) Power to terminate employment; academic freedom of institutions of higher learning. - As corporate 3. Right to compensation where employee is exonerated
entities, educational institutions of higher learning are inherently endowed with the right to establish their 4. Preventive suspension pending appeal
policies, academic and otherwise, unhampered by external controls more pressure. 5. Suspension from office under section 13 of RA No. 3019
6. Pre-condition for suspension
7. Duration of suspension k. Disclosing or misusing confidential or classified information officially known to him
8. In the case of members of the Philippine National Police l. Obtaining or using any statements filed under the Code of Conduct and Ethical Standards
9. In the case of local elective officials
10. In the case of presidential appointees and other elective officials B. Penalties for Less Grave Offenses
11. Where suspension imposed by Ombudsman
12. Prior notice and hearing not required 1. Suspension from one month and one day to six months for the first offense and dismissal for the second
13. Members of Congress covered by RA No. 3019 offense.

SUSPENSION AND REMOVAL DISTINGUISHED a. Simple neglect of duty

b. Simple misconduct
1. As to duration c. Gross discourtesy in the course of official duties
2. As to nature d. Gross violation of existing Civil Service Law and rules of serious nature
3. As to time of imposition e. Insubordination
f. Habitual drunkenness
SCHEDULE OF ADMINISTRATIVE PENALTIES g. Nepotism
h. Recommending any person to any position in private enterprise which has a regular or pending
A. PENALTIES FOR GRAVE OFFENSES official transactions with his office
I. Unfair discrimination
1. Dismissal j. Failure to file sworn statements of assets, liabilities and net worth
a. Dishonesty k. Failure to resign from his position in the private business enterprise within 30 days from assumption
b. Gross neglect of duty of public office
c. Grave misconduct
d. Being notoriously undesirable C. PENALTIES FOR LIGHT OFFENSES
e. Conviction of a crime involving moral turpitude
f. Falsification of official documents 1. Reprimand for the first offense, suspension from one day to thirty days for the second offense, and dismissal
g. Physical or mental incapacity or disability due to vicious habits for the third offense
h. Engaging, directly or indirectly, in partisan political activities by one holding non-political office a. Neglect of Duty
I. Receiving for personal use of a fee, gift or other valuable thing b. Discourtesy in the course of official duties
j. Contracting loans of money or other property from persons with whom the office of the employee c. Improper or unauthorized solicitation of contributions from subordinate employees
has business relations d. Violation of reasonable office rules and regulations
k. Soliciting or accepting directly or indirectly, any gift, gratuity, favour, entertainment, loan or anything e. Gambling prohibited by law
of monetary value f. Refusal to render overtime service
l. Disloyalty to the Republic of the Philippine and to the Filipino people g. Disgraceful, immoral or dishonest conduct prior to entering the service
h. Borrowing money by superior officers from subordinates
2. Suspension from six months and one day to one year for the first offense and dismissal for the second I. Lending money at usurious rate of interest
offense. j. wilful failure to pay just debts or wilful failure to pay taxes due the government
a. Oppression k. Pursuit of private business, vocation or profession without permission required by Civil
b. Disgraceful and immoral conduct Service rule and regulations
c. Inefficiency and incompetence in the performance of official duties l. Lobbying for personal interest or gain in legislative halls and offices without authority
d. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized absences m. Promoting the sale of tickets in behalf of private enterprise
from duty during office hours n. Failure to act promptly on letters and requests within 15 days from receipt
e. Refusal to perform official duty o. Failure to process documents and complete action on documents and papers within a
f. Gross insubordination reasonable time
g. Conduct grossly prejudicial to the best interest of the service p. Failure to attend to anyone who wants to avail himself of the services of the offices
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
D. PENALTIES AND DETERMINATION OF PENALTIES Abolition must not constitute removal without cause
1. Right to public office not absolute
1. For offenses under Presidential Decree No. 807 2. where abolition done in bad faith
2. For offenses under RA No. 6713 3. Requisites of valid abolition
3. In determination of penalties to be imposed, mitigating and aggravating circumstances may be 4. Instances of valid abolition
considered
E. ACCESSORY PENALTIES Termination through reorganization
1. Based on a valid purpose and done in good faith
1. The penalty of dismissal shall carry with-it that of cancellation of eligibility, forfeiture of leave 2. Instances of invalid reorganization
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 By conviction of a crime
benefits, and the disqualification for employment in the government service for a period of one year.
What constitutes conviction?
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. Effects of pardon

F. REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILLITIES By recall

The Sandiganbayan Purpose and nature of the power of recall

1. Cases subject to its jurisdiction 1. Effective speedy remedy for removal

2. Officials and private individuals subject to its jurisdiction 2. Political in nature involving exercise of judicial functions
3. Jurisdiction of ordinary courts 3. Essentially the power of removal exercised by the people themselves

The Ombudman Recall of local elective officials

1. Power, functions, and duties of the Ombudsman 1. By whom exercised

2. Officials subject to Ombudsman disciplinary authority 2. Initiation of the recall process
3. Election on recall
By Impeachment 4. Effectivity of recall
5. Probation from resignation
1. Impeachable officials 6. Limitation on recall
2. Power to initiate and to try impeachment cases

Meaning and purposes of impeachment

1. Impeachment has been defined as a method of national inquest into the conduct of public men
2. Its purpose is to protect the people from official delinquencies or malfeasance\

By abolition of office

1. Authority with power to abolish

2. Abolition of office even during term of incumbent

What Constitute abolition

Removal from office and termination by abolition of an office distinguished

THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter