CHAPTER 4

THE CIVIL SERVICE

What is Civil Service?

The constitution provides for a Civil Service which embraces all branches of
government, subdivisions, instrumentalities, and agencies of the Government,
including govenment-owned and controlled corporations with original charters.

What does the phrase with original charters mean?

In Juco v NLRC, the Supreme Court clarified that the phrase with original
charters means that government-owned and controlled corporations refer to
corporations chartered by special law as distinguished from corporations
organized under the Corporation Code.

What are the laws in which members of the Civil Service are regulated?

The members of the Civil Service are regulated under Article IX(B) of the
Constitution, the Civil Service Decree, the Administrative Code of 1987 and the
pertinent principles under the law of public officers.

What is a Civil Service Commission?

The Civil Service shall be administered by the Civil Service Commission, which is
the governments central personnel agency designated to set standards and to
enforce the laws and rules governing the selection, utilization, training and
discipline of civil servants.

What composes the Commission?

The Commission is composed of a Chairman and two Commissioners.

What are the qualifications?

They shall be a natural born citizens of the Philippines and, at the time of their
appointment, atleast thirty-five years of age, with proven capacity for public
administration, and must not have be candidates for any elective position in the
elections immediately preceding their appointment (Constitution,Article IX, B,
Section1(1)).

What is the term of office of Chairman and the Commissioners?

The Chairman and the Commissioners shall be appointed by the President with
the consent of the Commission on Appointments for a term of seven years
without reappointment, and may be removed only by impeachment
(Constitution,Article XI, Section2).

What is the general purpose of Civil Service Law (RA 2260)?

The general pupose of Civil Service Law is to insure and promote the general
mandate requiring appointments only according to merit and fitness, and to
provide within the public service a progressive system of public administration to
insure maintenance of an honest and efficient, progressive and courteous civil
service in the Philippines. (Section 2, RA 2260 )

What is the scope of the Civil Service?

The Civil Service embraces all the branches, subdivisions, instrumentalities and
agencies of the Government, including government-owned of controlled
corporations with original charters.

Are all the government-owned and controlled corporations under the scope of
civil service?

As ruled by the Supreme Court in the case of National Service Coporation v

National Labor Relations Commission, the government-owned or controlled
corporations included in the civil service under the 1987 Constitution are only
those created by special law, or given legislative charters, and not those
established under or on the basis of the provision of the Corporation Code. It also
does not include government-owned or controlled coporations which are
organized as subsidiaries of government-owned or controlled corporations under
the general corporation law.
What government-owned or controlled corporations are under the scope of civil
service?

Water systems, like the National Waterworks and Sewerage Authority

(NAWASA) and the National Irrigation Administration, although agencies
performing proprietary, not governmental functions are however deemed
included in the civil service. (Fontanilla v Mallaman, 194 SCRA 486)
Employees of GOCC, such as Duty Free Philippines, the Philippine Tourism
Authority and the Philippine Amusement and Gaming Corporation, are
governed by civil service rules, not by the provisions of the Labor Code, and
are subject to th authority of CSC, not the NLRC.

Are public charitable institutions under civil service?

It has been held that public charitable institutions, although performing public
functions, are not being government agencies, not covered by the Civil Service.

What are the classifications of position in the Civil Service?

The positions in the Civil Service are classified into the career service and non-
career service.

What is Career-Service?

The career-service is characterized by (1) entrance based on merit and fitness to

be determined as far as practicable by competitive examinations, or based on
highly technical qualifications; (2) opportunity for advancement to higher career
positions; and (3) security of tenure.

The Career Service includes:

1. Open Career positions for appointment to which prior qualification in an

appropriate examination is required;
2. Closed Career positions which are scientific of highly technical in nature;
these include the faculty and academic staff of state colleges and
universities, and scientific and technical positions on scientific or research
institutions which shall establish and maintain their own merit systems;
 3. Positions in the Career Executive Service; namely Undersecretary, Assistant
Secretary, Bureau Director, Assistant Bureau Director, Regional Director,
Chief of Department Service and other officers of equivalent rank as may be
identified by the Career Executive Service Board, all of whom are appointed
by the President;
4. Career officers, other than those in the Career Executive Service, who are
appointed by the President, such as the Foreign Service Officers in the
Department of Foreign Affairs;
5. Commissioned officers and enlisted men of the Armed Forces which shall
maintain a separate merit system;
6. Personnel of government-owned or controlled corporations, whether
performing government or proprietary functions, who do not fall under the
non-career service; and
7. Permanent laborers, whether skilled, semi-skilled, or unskilled.

What is a Non-Career Service?

The Non-Career Service is characterized by (1) entrance on bases other than those
of usual tests of merit and fitness utilized for the career service; and (2) tenure
which is limited to a period specified by law, or which is co-terminus with that of
the appointing authority or subject to his pleasure, or which is limited to the
duration of a particular project for which purpose employment was made.

The Non-Career Service includes:

1. Elective officials and their personal or confidential staff;

2. Department heads and other officials of Cabinet rank who hold positions
at the pleasure of the President and their personal or confidential staff(s);
3. Chairman and members of the commissions and boards with fixed terms
of office and their personal or confidential staff;
4. Contractual personnel or those whose employment in the government is
in accordance with a special contract to undertake a specific work or job,
requiring special or technical skills not available in the employing agency,
to be accomplished within a specific period, which in no case shall exceed
one year, and performs or accomplishes the specific work or job, under his
 own responsibility with minimum of direction and supervision from the
hiring agency; and
5. Emergency and seasonal personnel.

What is permanent appointment?

A permanent appointment shall be issued to a person who meets all the

requirements for the position to which he is being appointed, including the
appropriate eligibility prescribed, in accordance with the provisions of laws, rules
and standards promulgated pursuance thereof.

What happens to a person issued an original permanent appointment?

A person issued an original permanent appointment shall serve probationary

period for six months during which he will undergo a thorough character
investigation and may be dropped from the service for unsatisfactory conduct or
want of capacity. This action is appealable.

What is a temporary appointment?

Temporary appointment is when there is an abscence of appropriate eligibles and

it becomes necessary in the public interest to fill a vacancy. Temporary
appointment shall be issued to a person who meets all the requirements for the
position to which he is being appointed except the appropriate civil service
eligibility: provided, that such temporary shall not exceed twelve months, but the
appointee may be replaced sooner if a qualified civil service eligible becomes
available. They may be terminated at any time even without cause. They have no
fixed tenure.

What is the result if a person accepts temporary appointment?

A persons acceptance of a temporary appointment necessarily results in the

termination of official relations with his former permanent position, to which he
may not demand reinstatement if his temporary appointment is not renewed.
 A temporary appointee acquires civil service eligibilty during his tenure as such,
his temporary appointment does not thereby automatically become permanent.
(Maturan v Maglana)

Distinguish between temporary and provisional appointments.

The Supreme Court, citing in the case an earlier case of Ata vs. Namocatcat,et al,
declared in Regis v Osmena as follows: A provisional appointment is one which
may be issued, upon prior authorization of the Commissioner of Civil Service in
accordance with the provisions of the Civil Service Law and the rules and
standards promulgated thereunder, to a person who has not qualified in an
appropriate examination but who otherwise meets the requirements for
appointment to a regular position in the competitive service, whenever a vacancy
occurs and the filling thereof is necessary in the interest of service and there is no
appropriate register of eligibles at the time of appointment. On the otherhand a
temporary appointment given to a non-civil service eligible is without a definite
tenure and is dependent upon the pleasure of the appointing power.

Distinction between a regular and ad interim appointment.

REGULAR
Appointment is made during legilative
session
It is made only after the nomination is
confirmed by th Commission on
Appointments
Once confirmed by the Commission on
Appointments, continues until the end
of the term of the appointee
AD INTERIM
Appointment is made during the recess
It is made before such confirmation
Appointment shall cease to be valid if
disapproved by the Commission on
Appointments or upon the next
adjourment of the Congress.

What is by-passed?

The appointment is deemed by-passed through inaction of, and so disapproved

impliedly by the Commission on Appointment.
What is policy-determining position?

A policy-determining position is one charged with the laying down of principal

or fundamental guidelines or rules, such as that of a head of a department.

What is a primarily confidential position?

A primarily confidential position is one which denotes not only confidence in

the aptitude of the appointee of the duties of the office but primarily close
intimacy which ensures freedom of intercourse without embarassment or
freedom from misgivings or betrayals of personal trust or confidential matters of
state; or one declared to be so by the President upon recommendation of the
Civil Service Commisiion.

What is a highly technical position?

A highly technical position, according to the Supreme Court in De los Santos v

Mallare, requires the appointeen thereto to possess technical skill or training in
the supreme or superior degree.

What is a promotion?

Promotion is defined as a movement from one position to another with increase

in duties and responsibilities as authorizaed by law and usually accompanied by
an increase in pay. The movement may be from one department or agency to
another, or from one organizational unit to another in the same department or
agency.

Promotion 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 salary. Apparently, the indispensable element for there to be a
promotion is that there must be an advancement from one position to another or
an upward vertical movement of the employees rank or position. Any increase in
the salary should only be considered incidental but never determinative whether
or not a promotion is bestowed upon an employee.

What is a next-in-rank rule?

Under this rule, the person next in rank shall be given preference in promotion
when the position is vacated. However, the law also permits the vacancy to be
filled by transfer of present employees, reinstatement, re-employment, or
appointment of persons with the appropriate civil service elligibility. In such case,
the appointing authority is required to specify the special reason or reasons for
not appointing the officer next-in-rank.

May an employee be compelled to accept a promotion?

There is no law that compels an employee to accept a promotion for simple

reason that a promotion is in the nature of a gift or reward, which a person has a
right to refuse.

Is nepotism allowed?

Nepotism, or favoritism toward relatives by the appointing authority, is

prohibited. The prohibition is coveres all appointments (and even designations) in
the national, city and municipal governments or in any branch or instrumentality
thereof, including government-owned or controlled corporations, made in favor
of a relative of the appointing or recommending authority, or the chief of the
bureau or office, or of the offices exercising immediate supervision over him. The
relations covered extend to the degree of consaguinity of affinity.

The Constititution likewise provides that spouses and relatives by consanguinity

or affinity within the fourth civil degree of the President shall not during his
tenure be appointed as Members of the Constitutional Commssion, or to the
Office of Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of
bureaus of offices, including government-owned or controlled corporations and
their subsidiaries.

Are there exception?

The following are exempt from the nepotism rule:

(1) persons employed in a confidential capacity;

(2) teachers;
(3) physicians; and
 (4) members of the Armed Forces of the Philippines.

In each of these particular instances, a full report of the appointment is required

to be made to the Civil Service Commission.

What is the purpose of prohibition?

The purpose of the prohibition against nepotism is to ensure that all

appointments and other personnel actions in the civil service should never
depend on how close or intimate an appointee is to the appointing power. The
purpose is precisely to take out of the discretion of the appointing or
recommending authority the matter of appointing or recommending for
appointment a relative.

Are promotional appointmets that violates the prohibition against nepotism

valid?

A promotional appointmet that violates the prohibition against nepotism is null

and void, and a void apopointment cannot give rise to security of tenure on the
part of the holder of such appointment.

Other Personnel Action

1) Promotion
2) Appointment through Certification
3) Transfer
4) Reinstatement
5) Detail
6) Reassignment
7) Reemployment

What is an appointment through certification to a position?

An appointment through certification to a position in civil service is issued to a

person who has been selected from a list of qualified persons certified by the
Commssion from an appropriate register of eligibles, and who meets all the other
requirements.
What is a transfer?

A transfer is a movement from one position to another which is of equivalent

rank, level or salary without break in service involving the issuance of an
appointment. The transfer may be from one department or agency to another or
from one organizational unit to another in the same department or agency. Any
movement from the non-career service to the career service is not considered a
transfer.

An employee cannot be transferred unless for causes provided for by law and
after due process. An illegal transfer is tantamount to a removal without cause,
except when an officer is appointed at large, in which case he may be assigned
or transferred to any station, as he is not entitled to stay permanently to any
specific station.

What is the remedy of an employee if he thinks he is illegaly transferred?

Under the law, any employee who questions the validity of the transfer should
appeal to the Civil Service Commission.

May a person be reinstated?

Any person who has been permanently appointed to a position in the career
service and who has, through no delinquency or misconduct, been separated
therefrom, may be reinstated to a position in the same level for which he is
qualified.

What is a detail?

A detail is the movement of an employee from one agency to another without the
issuance of an appointment and shall be allowed, only for a limited period in the
case of employees occupying professional, technical and scientific positions. If the
employee believes there is no justification for the detail, he may appeal his case
to the Commission. Pending appeal,the decision to detail the employee shall be
executory unless otherwise ordered by the Commission.

May an employee be reassigned?

An employee may be reassigned from one oraganizational unit to another in the
same agency, provided that such reassignment shall not involve a reduction in
rank, status or salary. A reassignment with no definite period or duration is
definitely violative of the security of tenure of a government employee. A
reassignment is tantamount to a floating assignment that results in a dimunition
of rank.

What is reemployment ?

Names of persons who have been appointed to positions in the career service and
who have been SEPARATED as a result of REDUCTION in force and/or
REORGANIZATION, shall be entered in a list from which selection of
reemployment shall be made.
Separated not for a cause but as result of reorganization, separation pay and
retirement and other benefits; in lieu of separation pay, may be considered for
employment.

What is a demotion?

A demotion is defined as the movement from one position to another involving

the issuance of an appointment with dimunition in duties, responsibilities, status
or rank which may or may not involve reduction in salary. It has been held that
demotions without cause is tantamount to removal.

What is the importance of personnel development plan?

To improve the attitude and competence of the civil service, each department or
agency is required to prepare a career and personnel development plan which
shall contain provisions for merit promotion , performance evaluation, in-service
training, including foreign and local scholarships and training grants, job rotation,
suggestions and awards system, and such other plans for for employess health,
welfare, counseling, recreation and similar services.

What are the grounds for the discipline of the members of Civil Service?
Among the grounds for the discipline of members of the Civil Service are
dishonesty; oppression; neglect of duty; misconduct; disgraceful and immoral
conduct; being notoriously undesirable; discourtesy in the course of official
duties; inefficiency and incompetence in the performance of official duties;
conviction of a crime involving moral turpitude; falsification of official documents;
habitual drunkenness; gambling; refusal to perform official duty or render
overtime service; physical or mental incapacitydue to immoral or vicious habits;
and willful refusal to pay debts or willful failure to pay taxes due to the
government and even habitual tardiness.

Who has jurisdiction?

The Secretaries and heads of agencies and instrumentalities, provinces, cities and
municipalities shall have jurisdiction to investigate and dicide matters involving
disciplinary action against officers and employess under their jurisdiction.

Their decisions shall be final in case the penalty imposed is suspension for not
more than thirty days or a fine in an amount not exceeding thirty days salary.

In case the decision rendered by a bureau or office head is appealable to the

Commission, the same may be initially appealed to the department and finally to
the Commission and pending appeal, the same shall be executory except when
the penalty is removal, in which case the same shall be executory only after
confirmation by the Secretary concerned.

The Civil Service Commission shall decide upon appeal all administrative
disciplinary cases involving the imposition of a penalty of suspension for more
than thirty days, or a fine in an amount exceeding thirty days salary, demotion in
rank or salary or transfer, removal or dismissal from office. A complaint may be
filed directly with the Commission by a private citizen against a government
official or employee in which case it may hear and decide the case or it may
deputize any department or agency or official or group of officials to conduct the
investigation. The results of the investigation shall be submitted to the
Commission with recommendation as to the penalty to be imposed or other
action to be taken.
What are cases involving the exclusive jurisdiction of the Civil Service
Commission?

Disciplinary cases and cases involving personnel actions affecting employees in

the civil service, including appointment through certification , promotion,
transfer, reinstatement, demotion and separation are within the exclusive
jurisdiction of the Civil Service Commission, which is the sole arbiter of
controversies relating to the civil service.

PROCEDURE

First Stage

Filing of Complaint

Determining the existence of prima facie case

In case of a prima facie case In case no prima facie, the

exists, formal charged shall complaint shall be
be issued dismissed
Second Stage

Issuance of a Formal Charge

Filing of an Answer

Unsatisfactory Answer = Formal Satisfactory Answer = case

Investigation dismissed

Issuance of Preventive Suspension

Order, if necessary
Third Stage

Pre-hearing Conference

Formal Investigation

Decision

Guilty Not Guilty

Motion for Reconsideration of

Dismissal of Case
agency's decision

Appeal on Agency's Decision

with the CSC

Motion for Reconsideration of

CSC Decision

Petition for Review on

Certiorari with the Court of
Appeals

Petition for Review on Certiorari

with Supreme Court
 A complaint against a civil service official or employee shall not be given
due course unless it is in writing and subscribed and sworn to by the complainant.
However, in cases initiated by the proper disciplining authority, the complaint
need not be under oath.

May an anonymous complaint be entertained?

No anonymous complaint shall be entertained unless there is obvious truth or

merit to the allegations therein or supported by documentary or direct evidence,
in which case the person complained of may be required to comment.

Administrative proceeding

Administrative proceedings may be commenced against a subordiunate officer or

employee (or non presidential apointee) by the Secretary or head of office of
equivalent rank or head of local government chiefs of agencies or regional
directors, or upon sworn written complaint by any person.

What happens if there is a withdrawal of the complaint?

The withdrawal of the complaint does not result in its outright dismissal or
discharge the person complained of from any administrative liability.

Failure on the part of the respondent to submit his counter-affidavit shall

be considered as a waiver of said right.

Aconference may thereafter be held by the investigator, who may

propound clarificatory and other relevant questions.

The preliminary investigation shall commence within five days from receipt
of the complaint by the disciplining authority and shall be terminated within thirty
days thereafter. An investigation report is required to be submitted within five
days from such termination.

If a prima facie case is established during investigation, a formal charge

shall be issued by the disciplining authority. A formal investigation shall follow.
 In the abscence of prima facie case, the complaint shall be dismissed.

A complainant may elevate the decision of the Civil Service Regional Office
dismissing a complaint for lack of a prima facie case before the Commission
Proper through a petition for review within fifteen days from receipt of said
decision.

What are the contents of a formal charge?

The formal charge shall contain a specification of the charge(s), brief statement of
material and relevant facts, accompanied by certified true copies of the
documentary evidence, if any, sworn statements covering the testimony of
witnesses, a directive to answer in writing under oath in not less than seventy-
two hours from receipt thereof, an advice for the respondent to indicate in his
answer whether or not he elcts a formal investigation of the charges, and a notice
that he is entitled to be assisted by counsel of his choice.

Can there be a pre-hearing?

A pre-hearing conference may be conducted for the purpose of, among others,
providing for a stipulation of facts and the simplication of issues.

Are motions or request of postponements allowed?

Only three written motions or request of postponements shall be allowed. A

fourth request of postponement may be granted subject to the discretion of the
disciplining authority.

May a motion for reconsideration be allowed?

Only one motion for reconsideration shall be allowed and only on any of the
following grounds:

a) New evidence has been discovered which materially affects the decision
rendered; or
b) The decision is not supported by tjhe evidence on record; or
c) Errors of law or irregularities have been committed prejudicial to the
interest of the movant.
Only parties adversely affected by a decision may file a motion for
reconsideration within fifteen days from receipt of the decision.

What is an order of preventive suspension?

An order of preventive suspension may be issued to temporarily remove the

respondent from the scene of his misfeasance or malfeasance and to preclude the
possibility of exerting undue influence or pressure on the witness against him or
tampering of documentary evidence on file with his office.

It is merely a preliminary step in an administrative investigation and is not in any

way the final determination of the guilt of the official concerned.

Is not the penalty itself.

What are the two kinds of preventive suspension?

The two kinds of preventive suspension of civil service employees are;

1. Preventive suspension pending investigation; and

2. Preventive suspension pending appeal.

Procedure in preventive suspension

What is the effect if the charges filed are not proved?

If the charges are not proved by a preponderance of evidence, the case shall be
dismissed and the respondent reinstated with back salaries if preventively
suspended.

The Supreme Court clarified that an officer who has been lawfully suspended
from his office pending investigation is not entitled to compensation for the
period during which he was suspended even though it be subsequently
determined that the cause for which he was suspended was insufficient.

Employees who are considered preventively suspended pending appeal are

entitled to payment of their salaries if they are subsequently found innocent,
especially if his aforesaid preventive suspension exceeds ninety days, which is the
maximum period allowed under the law.

Appeal

The Civil Service Commission shall decide upon appeal all administrative
disciplinary cases involving the imposition of penalty of suspension for more than
thirty days, or a fine in an amount exceeding thirty days salary, demotion in rank
or salary or transfer, removal or dismissal from office.

The decision of the bureau or office shall be initially appealed to the department
before it is brought to the Civil Service Commission.

It shall be perfected within 15 days from the receipt of decision upon the filing of
a notice of appeal , and the submission of three copies of the appeal
memorandum, proof of service of a copy of the appeal memorandum upon the
disciplining office, proof of payment of the appeal fee and certification of non-
forum shopping.

Can government employees form, join or assist in employees organization?

The Administrative Code of 1987 provides that all government employees,

including those in government-owned or controlled corporations with original
charters, except members of the Armed Forces of the Philippines, police officers,
policemen, firemen and jail guards, can form, join or assist employees
organization of their own choosing for the furtherance and protection of their
interests.

Is there a need to register employees organization?

Government employees organization shall registered with the Civil Service

Commission and the Department of Labor and Employment, which shall jointly
issue the pertinent certificates of registration in favor of said organizations, which
thereafter, with the support of the majority of the employees in their respective
organizational units, shall be entitled to be designated as the sole and exclusive
representatives of the employees.
 CHAPTER 5

AUTHORITY OF THE PUBLIC OFFICERS

Where does the authority of public officers are derive from?

The authority of the public officer is derived from the people themselves
conformably to the constitutional principle that the Philippines is a republican
state, Sovereignty resides in the people and all government authority emanates
from them. This authority is conferred upon him either by the Constitution itself
or by statute.

Where exercised?

As a general rule the public officer may exercise his powers only within the
territorial limits of his authority and that any act performed outside that area will
be null and void.

When exercised?

The public officer may exercise his authority only during his term of office; hence,
any act performed by him after such term will be considered invalid, except
where he may be regarded as a de facto officer.

How exercised?

The authority of the public officer should be strictly construed, consistent with
the principle that representative government is a government of limited powers.
Any doubt on this matter on this matter shall be resolved in favor of the public
and against the exercise of the authority claimed.

What is doctrine of necessary implication?

The doctrine of necessary implication is that which all powers necessary to the
exercise of the power expressly granted are deemed impliedly granted as well.

What is doctrine of qualified political agency?

The doctrine of qualified political agency the power of the President to recognize
the National Government may validly be delegated to his cabinet members
exercising control over a particular executive department.

What is the effect of the exercise of authority?

As long as the public officer is authorized (and if not, provided he is a de facto

officer), his acts will be regarded as valid. Such acts will produce legal effect and
be considered binding upon the government itself as the principal of the public
officer.

Even if not previously authorized, the act may still be considered valid if
subsequently ratified by the government.

Only voidable acts may be ratified. An absolutely invalid act cannot be validated
by ratification. If the government cannot itself could not have legally done the act,
it follows that none of its agents can do so, and subsequent fatification by the
principal will not make the invalid act legal.

What are the duties of the public officer?

The duties of the public officer may be discretionary or ministerial.

The duty is discretionary if the officer is allowed to determine how and when it is
to be performed and to decide this matter one way or the other and be right
either way. The officer is allowed much leeway in arriving ar a decision as the duty
is conferred on him in recognition of his good sense of judgment.

The duty is ministerial when the officer is given little latitude in its discharge.
according to Mechem, the duty is ministerial when the law exacting its discharge
prescribes and defines the time, mode and occasion of its performance with such
certainty that nothing is left for judgment or discretion.
 CHAPTER 6

INHIBITIONS

What is inhibition?

An inhibition may be defined as a restraint upon the public officer against the
doing of certain acts which may be legally done by others.

Inhibitions are prescribed either by the Constitution or by statute and may be

general or specific in their application.

What are the counstitutional prohibitions?

Among the Constitutional inhibitions are the following:

1. The President and Vice- President shall not receive during their tenure any
other emolument from the Government or any other source.
2. The President and Vice-President, the Members of the Cabinet, and their
deputies or assistants shall hold any other office or employment during
their tenure. They shall not, during said tenure, directly or indirectly
practice any other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege
granted by the Government or any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the conduct of
their office.
3. 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.
4. No Senator or Member of the House of Representatives may personally
appear as counsel before any court of justice or Electoral Tribunals, or
quasi-judicial and administrative bodies. 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 government-owned or controlled
corporations or their subsidiary, during his term of office. He shall not
intervene in any matter before any office of the Government for his
pecuniary benefit where he may be called upon to act on account of his
office.
5. No Member of a Constitutional Commission shall, during his tenure, hold
any other office or employment. Neither shall he engage in the precetice of
any profession or in active management or control of any business which in
any way may be affected by the functions of his office, nor shall he be
financially interested, directly or indirectly, in any contract with, or in any
any franchise or special privilege granted by the Government, or any
subdivision, agency or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries. This inhibitions also
applies to the Ombudsman and his Deputies.
6. No officer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan campaign.
7. No elective official shall be eligible for appointment or designation in any
capacity to any public office or position during his tenure. Unless otherwise
allowed by law or by the primary functions of his positions, no appointive
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 thei subsidiaries.
8. No elective or appointive public officer or employee shall receive
additional, or indirect compensation, unless specifically authorized by law,
nor accept without the consent of Congress any present, emolument,
office, or title of any kind from any foreign government. Pensions or
gratuities shall not be considered as additional, double, or indirect
compensation.
9. No loan, guaranty, or other form of financial accomodation for any business
purpose may be granted, directly or indirectly, by any governemnt-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 tenure.

Constitutional Disqualifications

The spouse and relatives by consaguinity or affinity within the fourth

civil degree of the President shall not during his tenure be appointed
as Members of the Constitutional Commission, or of the office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads
of bureaus or offices, including government-owned and controlled
corporations and their subsidiaries.
No Senator or Member of the House of Representatives shall be
appointed to any office which may have been created of the
emoluments thereof increased during the term for which he was
elected.
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 funcions.
Appointees of the Constitutional Commissions must not have been
candidates for any elective position in the elections immediately
preceding their appointment.
No candidate who has lost in any election shall, within one year after
such election, appointed to any office in the Government, or any
government-owned or controlled corporations or in any of their
subsidiaries.

What are the effects of violation of the inhibitions?

Sanctions for the violation of the inhibition will depend upon the law imposing it
or implementing the constitutional resctriction. Breaches of the statutory
inhibitions are usually made penal offenses and punished accordingly or may be
considered administrative grounds for discipline.