CHAPTER I: CONCEPTS

OFFICE – The incumbent is selected by appointment or by election, and whether he is appointed during the pleasure of the appointing
power or for a fixed term.

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.

PURPOSE AND NATURE OF PUBLIC OFFICES.

PUBLIC TRUST
-Holders regards as public servants
-Holders subject to highest standards of accountability and service

Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with the utmost
responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives.

NOT PROPERTY
-Holder subject to removal or suspension according to law
-Holder without vested right in any public office.
-Holder’s right in nature of privilege entitled to protection.
-Holder’s right personal to him.

Public office is not property of the office holder within the meaning and contemplation of the due process requirements of the
constitution.

NOT A CONTRACT
-Created no contractual relation between holder and the public.
-Exists by virtue of some law.
-Generally entitles holder to compensation

PUBLIC OFFICE PUBLIC CONTRACT

Creation incident of sovereignty originates from the will of the contracting parties

Its object carry’s out sovereign as well Obligation only upon persons who entered the
Same.
As governmental function affecting
Person

Embraces the idea of tenure, duration Limited In its duration and specific in its object and
continuity, and the duties connected Its Terms define and limit the rights and obligations
Therewith are generally continuing parties and neither without consent of each party
and permanent

*Public Office is public employment, but not all public employment is a public office
PUBLIC OFFICE PUBLIC EMPLOYMENT
Created by law, with duties Created not by forced of law but by
Cast upon the incumbent with contact of Employment
Involve the exercise of
Sovereign power

ESSENTIAL ELEMENTS OF PUBLIC OFFICERS

C-AE-PF-Du-CP
1. By the CONSTITUTION or by LAW.
2. AUTHORITY and EXERCISE of sovereign power.
3. POWER and FUNCTION are defined by the Constitution.
4. The DUTIES pertaining are performed independently, without control of superior power other than law.
5. CONTINUITY and PERMANENCY

CREATION OF PUBLIC OFFICE [C-S-TB-CongPre]

1. GENERALLY
a. By the CONSTITUTION, STATUTE, TRIBUNAL BODY.
b. By the Congress
i. Exigencies of government it is necessary to create and define duties.
ii. An office created by the legislature is wholly within the power of the body. Can fit and abolish the office.
c. By the PRESIDENT
i. Bureaus, agencies or office in executive department.

MODIFICATIONS OR ABOLITION OF PUBLIC OFFICE [CO-CO]

1. OFFICE CREATED BY THE CONGRESS
a. The power to create an office generally includes the power to modify or abolish it.
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.
2. OFFICES CREATED BY THE CONSTITUTION
a. Constitutional offices may be modified or abolished by the people through a constitutional provision.
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.

TENURE AND DURATION [E-C-P]

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 the appointing power.
2. Continuance of office holder not material.
3. Permanence of office not material.

MEANING OF OFFICER/PUBLIC [O-E]

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.
2. Employee any person in the service of the government. (Not a clerk)

OFFICER AND EMPLOYEE DISTINGUISHED [PO-RPC]

1. In the law of public officer greater importance, dignity, and independence of his positions.
2. Under the Revised Penal Code.

MEANING OF PUBLIC OFFICIAL

- An officer of the Government itself, as distinguished from the officers and employees of instrumentalities of government.

CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC OFFICERS

1. As to nature of functions: (Co-M)
a. Civil office — it covers any kind of a public office, whether executive, legislative, or judicial.
b. Military office
2. As to creation: (CS)
a. Constitutional office
b. Statutory office
3. As to the department of government to which it belongs: (L-E-J)
a. Legislative office
b. Executive office
c. Judicial office
4. As to branch of government served: (NAT-LOC)
a. National office
b. Local office
5. As to whether exercise of discretion is required: (QJO- MinOff)
a. Quasi-judicial office
b. Ministerial office

6. As to compensation:
a. Lucrative office, office of profit, or office coupled with an interest. It includes any office to which salary, compensation
or fees are attached.
b. Honorary office no compensation.
 CHAPTER II: ELIGIBILITYAND QUALIFICATION
Meaning of eligibility/eligible/ineligibility/ineligible

Eligibility

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 commencement and during the
occupancy of an office.

Eligible
1. Means legally fitted or qualified to hold an office.

Ineligibility
2. Refers to the lack of qualification prescribed by the Constitution or applicable laws for holding an office.

Ineligible
3. Legally or otherwise disqualified to hold an office
4. Disqualified to be elected to an office
5. Disqualified to hold an office, if elected or appointed to it

Meaning of qualification
 May refer to the endowment and accomplishment that fits one for office
 May refer to an act which a person, before entering the performance of his duties, is, by the law, required to do, such
as the taking, and often, of subscribing and taking of an official oath, and, in some cases, the giving of an official bond

Nature of right to hold public office

 Not a natural right – To hold a public office, one must be eligible and possess the qualifications prescribed by the
Constitution.
 Not a constitutional right – There is no constitutional right to run for office or hold elected office. Rather, it is a political
privilege which depends upon the favor of the people for the public good.

Powers of Congress to prescribe qualifications

1. In General - Congress is generally empowered to prescribe the qualifications for holding public office, provided it
does not exceed thereby its constitutional powers or impose conditions of eligibility inconsistent with constitutional provisions.

2. Where office created by Congress - body can deal with the subject of qualification and disqualification, provided that
in so doing it does not impinge upon an express provision of the Constitution.

3. Where office created by the Constitution - General rule is that where the Constitution establishes specific eligibility
requirements for a particular constitutional office, the constitutional criteria are exclusive.

4. Where qualifications prescribed by the Constitution - not self-executing

Power of Congress to prescribe disqualifications

 Congress may not add disqualifications where the Constitution has provided them in such a way as to indicate an
intention that the disqualifications provided shall embrace all that are to be permitted
 Moreover, when the Constitution has attached a disqualification to the holding of any office, Congress cannot remove
it under the power to prescribe qualifications as to such offices as it may create

Act adds grounds of disqualifications of a SC justice

 The subject Act added grounds of disqualifications, SC prohibits certain Justices from fulfilling the power and duty
given by the Constitution.
 The Act disqualified a majority of the constitutional component members of the Supreme Court. Thus, it deprives it of
its jurisdiction established by the Constitution.
 The designees would not have been consented to by the Commission on Appointments; thus, the appointment would
not comply with the Constitution
 Temporary composition of the SC not authorized by the Constitution since the Supreme Court is one of the
permanent institutions of the government.
 Method of appointment of a SC justice provided by the Constitution is mandatory and binding upon all departments of
government.

Construction of restrictions on eligibility

 Presumption in favor of ineligibility – There is a presumption in favor of the eligibility of one who has been elected or
appointed to public office.
 Basis of presumption – A strong public policy exists in favor of eligibility to public office.
 Rule of liberal construction – The right to public office should be strictly construed against ineligibility.
General Rule: The right of a citizen to hold office
Exception: A citizen may not be deprived of this right without proof of some disqualification specifically declared by
law.
Time of possession of qualifications
1. Where the time specified by the Constitution or law – The Constitution or law may, expressly or by necessary
implication, specify the time when the required eligibility must exist. The candidate must possess the necessary qualifications
at that time of the election.
2. Where Constitution or law is silent – It is necessary for the courts to have recourse to some other means of
determining the matter.

3. When qualification must always exist – The candidate or appointee may have been qualified at the time of his
election or appointment is not sufficient to entitle him to hold the office.
Removal of disqualification during term

 Courts have not agreed as to the effect of removal by an office-holder of his disqualifications after the
commencement of term of office and during its continuance

Particular Qualifications and Disqualifications

 Citizenship
 Age
 The right of suffrage
 Residence
 Education
 Ability to read and write
 Political affiliation
 Civil service examinations

Religious qualification prohibited

 Religious beliefs and opinions cannot be made a test of political right and privilege
 No state interest can be discerned which would justify the burden upon the free exercise of religion imposed by the
restriction
 Our Constitution expressly provides that no religious test shall be required for the exercise of civil and political rights
o Religious test- is one demanding the avowal or repudiation of certain religious beliefs before the performance of any
act

Power of Congress to impose property qualifications

1. View that law constitutional – The view has taken that unless inhibited by the Constitution, a legislature has the power
to impose property qualifications upon office holders. A certain public officers be resident property owners does not transgress
the constitutional guarantees of due process and equal protection.
2. View that law unconstitutional – In a case, The Supreme Court stated the property qualifications are inconsistent with
the essence and nature of the republican system ordained in our Constitution and the principles of social justice underlying the
same.
Power of congress to impose property qualifications
1. View that law constitutional- a legislature has the power to impose qualifications upon the office holders.
2. View that law unconstitutional- there is no rational connection between qualifications for administering public affairs
and ownership of real property.

Qualifications prescribed by the constitution for certain officers

President and Vice President
 Natural born citizen
 Registered voter
 Able to read and write
 At least 40 years of age on the day of election
 Resident of the Philippines for at least 10 years immediately preceding the election.
Senators
 Natural born citizen
 Registered voter
 Able to read and write
 At least 35 years of age on the day of election
 Resident of the Philippines for not less than 2 years immediately preceding the election.
Members of the House
 Natural born citizen
 Registered voter in the district for which he shall be elected except in cases of party list, and a Resident thereof for at
least 1 year immediately preceding the election.
 Able to read and write
 At least 25 years of age on the day of election

Members of the Supreme Court and lower collegiate court

 Natural born citizen
 Registered voter
 At least 40 years of age
 Must have been for 15 years or more a judge of the lower court or engage in the practice of law
 Of proven competence probity integrity and independence.

Chairman and commissioners of the civil service commissions

 composed of a Chairman and two Commissioners
 who shall be natural-born citizens of the Philippines and,
 at the time of their appointment, at least thirty-five years of age,
 with proven capacity for public administration,
 And must not have been candidates for any elective position in the elections immediately preceding their appointment.
Commission on Audit
 natural-born citizens of the Philippines
 at the time of their appointment, at least thirty-five years of age,
 Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar
who have been engaged in the practice of law for at least ten years,
 And must not have been candidates for any elective position in the elections immediately preceding their appointment.
 At no time shall all Members of the Commission belong to the same profession.
Commission on Elections
 shall be natural-born citizens of the Philippines
 at the time of their appointment, at least thirty-five years of age,
 holders of a college degree,
 And must not have been candidates for any elective positions in the immediately preceding elections.
  A majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the
practice of law for at least ten years.
Commission on Human Rights
 must be natural-born citizens of the Philippines
 A majority of whom shall be members of the Bar.
 The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law.
The Ombudsman and his Deputies
 shall be natural-born citizens of the Philippines,
 and at the time of their appointment, at least forty years old,
 of recognized probity and independence,
 and members of the Philippine Bar,
 And must not have been candidates for any elective office in the immediately preceding election.
 The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines.
Qualifications prescribed by law for certain officers
Secretaries of departments
 Citizens of the Philippines at least 25 years of age
Presiding justice and associate justices of the court of appeals
 Same as Supreme Court justices
Judges of the Regional Trial Court
 Natural-born citizen
 At least 35 years of age
 For at least 10 years, has been engaged in the practice of law in the Philippines requiring admission to the practice of law, as
indispensable requisite
Judges of the Municipal Trial Court
 Natural-born citizen
 At least 30 years of age
 For at least 5 years, has been engaged in the practice of law in the Philippines requiring admission to the practice of law, as
indispensable requisite
Elective Local Officials

General Applicability
 Citizen of the Philippines
 Registered voter in the barangay, municipality, city or province or in the case of sanggunian, the district where he
intends to be elected, resident therein foe at least 1 year immediately preceding the elections;
 Able to read and write Filipino or any other local language or dialect.
Governor, Vice Governor, Sanggunian Panlalawigan, Mayor, Vice Mayor or Sanggunian Panlungsod of highly urbanized cities
 At least 23 years old on election day
Mayor, Vice Mayor of independent component cities, component cities, or municipalities
 At least 21 years old on election day
Sanggunian Panlungsod or Sanggunian Bayan
 Atleast18 years old on election day
Punong Barangay or Sanggunian Barangay
 Atleast18 years old on election day
Sanggunian Kabataan
 Atleast15 years old, but not more than 21 years old on election day
Board of Election Inspectors
 he is of good moral character
 irreproachable reputation,
 a registered voter of the city or municipality,
 has never been convicted of any election offense or of any other crime punishable by more than six months of
imprisonment or if there is a pending information against him for any election offense
 Able to speak and write English or the local dialect

Disqualifications to hold public office

1. By Constitution or by Law- In general, individuals who lack any of the qualifications prescribed by the Constitution or by law
for a public office are ineligible or disqualified from holding such office. An appointment of an ineligible or unqualified person is a nullity.

2. Other Causes
Mental or physical incapacity.
Misconduct or crime
Impeachment.
Removal or suspension from office.
Previous tenure of office
Consecutive terms.
Holding more than one office.
Relationship with the appointing power.
Office newly created or the emoluments of which have been increased
Being an elective official- ineligible to be appointed to be designated
Having been a candidate for any elective position
Under the local government code
i. Sentenced by final judgement for an offense involving moral turpitude by 1 year or more imprisonment within 2 years
after serving sentence
ii. Those removed from office as a result of an administrative case
iii. Convicted by final judgement for violating ought of allegiance to the republic
iv. Dual citizenship
v. Fugitive from justice in criminal or non-political cases here or abroad
vi. Insanity or feeblemindedness

Appointment of elective and appointive local officials and candidates who lost in an election (Political Lame-Ducks)
a. No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public
office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no elective or
appointive local official shall hold any other office or employment in the Government or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
b. Except for losing candidates in barangay elections, no candidate who lost in any election shall, within one (1) year
after such election, be appointed to any office in the Government or any government-owned or controlled corporations or in
any of their subsidiaries."
 CHAPTER III: ACQUISITION OF RIGHT OR TITLE OF
OFFICE
A. In General

1. Modes of Commencing official relations

The manner of selecting persons for public office is generally by either:
a. Election
b. Appointment

2. Meaning of “Appointment”
a. It is an act of designation by the executive officer, board, or body to whom that power has been delegated, of the individual who is to
exercises the powers and functions of a given office.
b. It is equivalent to “filling a vacancy” in an office.
c. It is the nomination or designation of an individual to an office.

3. Where appointing power resides

a. Inherently belongs to the people
b. Entrusted to designated elected and appointed public officials

4. Appointing power generally regarded as an executive function

a. Where power exercised by executive department
b. Where power exercised by other departments

5. Power to appoint discretionary

a. Power of court to review appointments
b. Power of Civil Service Commission to revoke appointment

6. Power may be absolute or conditional

a. absolute ‐ where the choice of the appointing authority is conclusive if it falls upon an eligible person. No further consent or approval

is necessary.

b. conditional ‐ where assent or approval by some other officer or body, such as the Commission on Appointments, is necessary to

complete the appointment.

7. Restrictions on the power to appoint

a. Generally
Persons to be appointed to a public office should possess the required qualifications and be selected solely with a view to the public
welfare.

b. Under the Constitution

a. “The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be
appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,

chairmen or heads of bureaus or offices, including government‐owned or controlled corporations and their subsidiaries” Art. VII, Sec. 13

b. “Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall
not make appointments, except temporary appointments to executive positions when continued vacancies therein will 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 courts, or in the heads
of departments, agencies, commissions, or boards.”

d. “The Supreme Court shall have the following powers: Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.”

e. “The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three
nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts,
the President shall issue the appointments within ninety days from the submission of the list.”

f. “The Constitutional Commissions shall appoint their officials and employees in accordance with law.”

g. The Members of the Civil Service Commission, Commission on Elections and Commission on Audit shall be appointed “without
reappointment xxx. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member
be appointed or designated in a temporary or acting capacity.”
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.”

i. “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 position, 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 their subsidiaries.”

j. “The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman,
according to the Civil Service Law.”

k. “The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees 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.”

c. Under existing laws

8. When Appointment deemed complete

a. Not subject to confirmation
b. Subject to confirmation
c. Approval by the Civil Service Commission
d. Effects of completed appointment

9. Acceptance of appointment
a. Not necessary to completion or validity of appointment
b. Necessary to possession of office

10. Form of Acceptance

a. Express or when done verbally or in writing
b. Implied or when, without formal acceptance, the appointee enters upon exercise
of the duties and functions of an office

11. Obligation of elected or appointed individual to accept office

a. Generally not subject to compulsion
b. Obligation in the nature of a social duty

12. Necessary of written appointment

a. View that appointment should be evidenced by writing
b. Contrary view

13. Revocation of appointment

a. Where appointment final and complete
b. Where appointee has assumed position
c. Where protestant more qualified than appointee

B. Appointments by the President

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:

a. First:
● heads of executive departments
● ambassadors
● other public ministers and consuls
● officers of the armed forces from the rank of colonel or naval captain
● other officers
i. regular members of Judicial and Bar Council
ii. chairman and commissioners of the Civil Service Commission
iii. chairman and commissioners of the Commission on Elections
iv. chairman and commissioners of the Commission on Audit
v. members of the regional consultative commission

b. Second:

● All other officers ‐ appointments are not otherwise provided by law and to be appointed to lower offices created by Congress

c. Third ‐ those whom the President may be authorized by law

● heads of government‐owned or controlled corporations

● undersecretaries
● heads of bureaus and offices
● other officials

d. Fourth: ‐ appointments the Congress by law vests in the President alone

● other officers lower in rank

2. Confirmation of appointments by Commission on Appointments

a. Required
● first group above

b. Unnecessary
● heads of bureaus
● certain offices under different departments which are not called bureaus
i. Securities and Exchange Commission example
ii. Insurance Commission example
● members of Supreme Court
● judges of lower courts
● Sandiganbayan
● Tanodbayan (Ombudsman) ~ including deputies
● chairman and members of the Commission on Human Rights Art. VII Sec. 16

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

10. Separation of temporary employees

Can be terminated or withdrawn at the pleasure of the appointing power, without notice of hearing, or a moment’s choice, and
regardless of the grounds or reasons.

11. Qualification in an appropriate examination

a. Temporary appointment of non‐eligible in the absence of eligible

b. Appointment to a position requiring lower eligibility

c. Issuance/revocation of certificate of eligibility

12. Approval/recall of appointments by the Civil Service Commission

a. Appointments required to be approved:
● General Rule: The Civil Service Commission must approve all appointments, whether original or promotional, to positions in the civil
service and disapprove those where the appointees do not possess the appropriate eligibility or required qualifications.
● EXPN: Presidential appointments, members of the Armed Forces of the Philippines, police forces, firemen, and jail guards.

b. Right of appointee to a hearing in case of disapproval

c. Effectivity of appointment until disapproval
d. Criterion to be employed
e. Extent of Commission’s authority
f. Attestation of appointment
g. Keeping of records of all appointments
h. Recall of appointment
i. Grounds for recall Rule VI, Sec. 20 Omnibus Implementing Regulations of the Revised Administrative Code :

● Non‐compliance with the procedures/criteria provided in the agencies

Merit Promotion Plan;

● Failure to pass through the agency’s Selection/Promotion Board;
● Violation of the existing collective bargaining agreement between management and employees relative to promotion; or
● Violation of other existing civil service law, rules and regulation.

D. Vacancy
There is a vacancy when an office is empty and without a legally qualified incumbent appointed
or elected to it with a lawful right to exercise it powers and perform its duties.
1. Classifications
a. original – when an office is created and no one has been appointed to fill it;

b. constructive ‐ when the incumbent has no legal right or claim to continue in office and can be legally replaced by another

functionary;
c. accidental – when the incumbent having died, resigned, or been removed, there
is no one in esse discharging the duties of the office
d. absolute – when the term of an incumbent having expired and the latter not having held over, no successor is in being who is legally
qualified to assume the office
2. Causes of vacancy
a. Death, permanent disability, removal from office or resignation of the incumbent.
b. Abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of incompatible office, creation of a
new office, reaching the age limit and recall. Failure of persons chosen for office to accept or qualify for the office.

3. Filing of anticipated vacancies

a. Generally appointment legal – a prospective appointment to fill an anticipated vacancy in a public office, made by the person or body
which, as then constituted, is empowered to fill the vacancy when it arises, is in the absence of express law forbidding it, legal
appointment, and vests title to the office in the appointee.

b. Where appointment to take effect after expiration of appointing power – but the appointing power cannot forestall the rights and
prerogatives of their successors by appointing successors to offices expiring after its power to appoint has itself expired. It is also plain
that an appointment thus made by anticipation has no other basis than expediency and convenience.

E. Qualifying to Office
1. Qualification
The person appointed or elected to a public office is usually required by law, before entering upon the performance of his duties to do
some act by which he shall signify his acceptance of the office and his undertaking to execute the trust confided in him.

2. Oath of office for public officers and employees

a. Oath – is an outward pledge whereby one formally calls upon God to witness to the truth of what he says or to the fact that he
sincerely intends to do what he says
● Constitution – Article VII Section 5
● Administrative Code of 1987
● Local Government Code

3. Necessity of oath of office

a. When the public officer has satisfied the prerequisite of oath that his right to enter into the position becomes plenary and complete.
b. Although the law usually requires the taking of an oath, it is not indispensable. It is mere incident to the office and constitutes no part
of the office itself.
c. The President, the Vice President, or the Acting President – oath taking is mandatory
d. Unless the law expressly requires more, it is sufficient that the oath be taken

4. Officers authorized to administer oath

a. Notaries public, members of the judiciary, clerks of court, the Secretary of either House of the Congress, Secretaries of departments,

bureau directors, registrars of deeds, provincial governors and lieutenant‐governors, city mayors, and any other officer in the service of

the government whose appointment is vested in the President.

b. Officers whose duties, as defined by law or regulation.

5. Public officers and employees required to give bonds

Those to whom are entrusted the collection and custody of public money, and public ministerial officers whose actions may affects the
rights and interests of individuals.

6. Nature of public funds

a. Indemnity – binding the officer to discharge the duties of his office
b. Obligation binding the sureties to make good the officer's default
c. Collateral security

7. Necessity of giving official bonds

a. Mere incident of office
b. Where time prescribed within which to give bond

F. De Facto Officers
1. De facto doctrine
Is the principle which holds that a person who, by the proper authority is admitted and sworn into office is deemed to be rightfully in
such office until, by judicial declaration in a proper proceeding, he is ousted therefrom, or his admission thereto is declared void.
Springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official
whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government
despite technical defect in title to office.

2. De facto officer is one who has the reputation of being the officer he assumed to be and yet is not good officer in point of law.
A person where the duties of the officer are exercised:
a. without a known appointment or election, but under such circumstance of reputation or acquiescence as were calculated to induce
people, without inquiry to submit to or invoke his action, supposing him to be the officer he assumed to be; or
b. under color of a known and valid appointment or election, but where the officer has failed to conform to some precedent requirement
or condition, such as to take an oath, give a bond, or the like; or
c. under the color of a known election or appointment, void because the officer was not eligible, or because there was a want of power
in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such as ineligibility, want of power, or
defect being unknown to the public; or
d. under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to such.

Officer is one who derives his appointment from one having colorable authority to appoint if the office is an appointive office, and whose
appointment is valid on its face.

3. De jure officer is one who has the lawful right to the office in all respects, but who has either been ousted from it, or who has never
actually taken possession of it.

4. Requirements to become officer de jure

a. He must possess the legal qualifications for the office in question;
b. He must be lawfully chosen to such office; and
c. He must have qualified himself to perform the duties of such office according to the mode prescribed by the Constitution of law.
5. Usurper or intruder is one who takes possession of the office and undertakes to act officially without any color of right or authority,
either actual or apparent.

6. Elements of de facto officership

a. There must be a de jure office
b. There must be a color of right or general acquiescence by the public.
c. There must be actual physical possession of the office in good faith.

7. Liabilities of a de facto officer

a. It may be stated generally that a d e facto officer is held the same degree of accountability for official acts as a d e jure officer and
cannot escape liability because he has not qualified for failure to file a bond.

b. While official acts of a d e facto officer are valid and may be binding with regard to third persons and the public the person so acting
may be liable for all penalties imposed by law for usurping or unlawfully holding office, or for exercising the functions thereof without
lawful right or without being qualified according to law.

c. It is likewise the general rule that a public officer cannot excuse his responsibility for crimes committed in his official capacity by
asserting that he was an officer de facto .

d. A rightful incumbent of a public office may recover from a d e facto officer the salary received by the latter during the time of his
wrongful tenure, even though he (the d e facto officer) occupied the office in good faith and under the color of title.
 CHAPTER IV: POWERS, DUTIES, AND NORMS OF
CONDUCT OFPUBLIC OFFICERS
Source of powers and authority of public office.
 People themselves.
 Public law.

Authority of public officer not presumed.

Authority of public officer and private agents distinguished.

1. Private agents
a. Universal
b. General
c. Special
2. Public agents
a. General
b. Special/ Limited

Ascertainment of authority of public officer.

 Persons contracting with the public officer acting under a public law, must, at their peril, ascertain the scope of the officer's
authority, and are chargeable with notice of the contents of the law conferring that authority.

Scope of power of a public officer.

1. Expressly conferred upon him by the law under which he has been appointed or elected;
2. Expressly annexed to the office by the law which created it or some other law referring to it; or
3. Attached to the office as incidents to it.

Territorial limitation of authority of public officers.

1. Limited to territory where law has effect.
2. Action at a place not authorized by law ordinarily invalid.

Duration of authority.
1. Duration of term as provided by the law.
2. Where officer chosen to act in reference to a particular subject.

Construction of grant of powers.

 Strict interpretation and will be construed as conferring those powers only which are expressly imposed or necessarily implied.

Classification of powers and duties.

From their nature Ministerial. — Official duty is ministerial when it is absolute, certain, and imperative involving
merely execution of a specific duty arising from fixed and designated facts.

Discretionary. — Discretionary or judicial duties are such as necessarily require the exercise of
reason in the adaptation of means to an end, and discretion in determining how or whether the
act shall be done or the course pursued.

From the standpoint of Mandatory. — Powers conferred on public officers are generally construed as mandatory
the obligation of the although the language may be permissive, where they are for the benefit of the public or
officer to perform his individuals.
powers and duties
Permissive. — Statutory provisions define the time and mode in which public officers will
discharge their duties, and those which are obviously designed merely to secure order,
uniformity, system, and dispatch in public business, are generally deemed directory.

From the standpoint of Power of control. — It implies the power of an officer to manage, direct or govern, including the
the relationship of the power to alter or modify or set aside what a subordinate had done in the performance of his
officer to his duties and to substitute his judgment for that of the latter.
subordinates
Power of supervision. — Supervisory power is the power of mere oversight over an inferior body.
It does not include any restraining authority over such body. He merely sees to it that the rules
are followed, but he himself does not lay down such rules, nor does he have the discretion to
modify or replace them.

Ministerial and discretionary powers distinguished.

1. Nature of act. — Determined by the facts of the particular case.
2. Exercise of discretion. — Whether the act complained of involves policy making or judgment.

Meaning of discretion.
Discretion - act or the liberty to decide according to the principles of justice and one's ideas of what is right and proper under the
circumstances, without willfulness or favor.

Exercise of discretion limited.

  The exercise of the officer's discretion is still limited, by legal construction, to the evident purposes of the act, and to what is
known as a sound and legal discretion, excluding all arbitrary, capricious, inquisitorial and oppressive proceedings.

Remedy to compel exercise of duty.

 Purely ministerial - the courts will require specific action.
 Purely discretionary - the courts, by mandamus, will require action only.

Delegation of discretionary powers.

 Unless the power to substitute another in his place has been given to him, a public officer cannot delegate his duties to
another.

Delegation of ministerial powers.

It can be delegated, except:
 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.
2. Where time stated in statute. — The time period expressed is to be construed as directory and not mandatory, unless the
nature of the act to be performed or the language used in the statute evidences an intention to limit the power of the officer.

Ratification of unauthorized acts.

His acts may be ratified, except:
a. When an act which was absolutely void at the time it was done.
b. Not merely voidable.

State is not estopped by the unauthorized or illegal acts of its agents.

Where superior officers have authority to ratify the acts of their inferiors, they are restricted to the ratification of acts and contracts which
they themselves are empowered to make.

Judicial review of official acts.

1. Where act involves exercise of discretionary power. — He is the sole and exclusive judge of the existence of those facts.
2. Where act involves performance of purely ministerial duty. — Any person who will sustain personal injury by such refusal may
have a mandamus to compel its performance.
3. Where act reviewed done without jurisdiction. —The courts are not bound by an officer’s interpretation of the law under which
he presumes to act.

Norms of conduct of public officials and employees.

1. Public office is a public trust.
2. Standards of personal conduct.
a. Commitment to public interest.
b. Professionalism.
c. Justness and sincerity.
d. Political neutrality.
e. Responsiveness to the public.
f. Nationalism and patriotism.
g. Commitment to democracy.
h. Simple living.
3. Duties of the Civil Service Commission.
a. Promote observance of these standards; and
b. Continue to research and experiment on measures which provide positive motivation to public officials and employees.

System of incentives and rewards.

1. Criteria.
a. Years of service;
b. Quality and consistency of performance;
c. Obscurity of the position;
d. Level of salary;
e. Unique and exemplary quality of achievement;
f. Risk or temptation inherent in the work; and
g. Any similar circumstances or consideration in favor of the particular awardee.
2. Form of incentives and rewards.
a. Bonuses; or
b. Citations; or
c. Directorship in government-owned or –controlled corporations; or
d. Local and foreign scholarship grants; or
e. Paid vacations; and
f. Automatic promotion to the next higher position suitable to his qualifications and with commensurate salary.
3. Committee on Awards. — Composed of the following:
a. The Ombudsman
b. Chairman of the Civil Service Commission as Co-Chairmen
c. Chairman of the Commission on Audit
d. Two (2) government employees to be appointed by the President as members.

Purpose:
a. Conduct a periodic, continuing review of performance of officials and employees in all departments, offices, and agencies;
b. Establish a system of annual incentives and rewards to the end that due recognition is given to officials and employees of
outstanding merit;
c. Determine the form of rewards to be granted;
d. Formulate and adopt its own rules to govern the conduct of its activities.
4. Secretariat. — Provide secretariat services to the Committee.
Duties of public officers as trustees for the public.
1. In General Duties
a. Duty to obey the law.
b. Duty to accept and continue in office.
c. Duty to accept burden of office.
d. Duty as to diligence and care.
e. Duties in choice and supervision of subordinates.
2. Ethical duties.
a. Duty as to outside activities. rights
b. Duty where personal interest is involved.
c. Duty to act with civility.

Duty to make financial disclosure.

 To maintain public confidence in government and in public officials and employees,
 To avoid conflicts of interest from arising, to deter corruption,
 To provide the citizens with information concerning a public officer's financial affairs.

Specific duties of public officials and employees.

1. Act promptly on letters and requests.
2. Submit annual performance reports.
3. Process documents and papers expeditiously.
4. Act immediately on the public's personal transactions.
5. Make documents accessible to the public.

Actions on requests and petitions.

1. General rule - shall do so immediately, without discrimination, and in no case beyond fifteen (15) working days from receipt of
the request or petition.
2. In case of written requests - shall act on the same within fifteen (15) working days from receipt thereof.
3. The department, office, or agency must take action within a period of fifteen (15) working days.

Processing of papers and documents.

Within a reasonable time from the preparation thereof, in accordance with the following rules:
1. As prescribed by the law;
2. If law is silent, head of department, office, or agency to determine reasonable time, taking into account the:
a. Nature, simplicity or complexity of the subject matter;
b. Completeness or inadequacy of requirements;
c. Lack of resources caused by circumstances beyond the control of the department, office, or agency or official or employee
concerned;
d. Legal constraints;
e. Fault, failure or negligence of the party concerned which renders decision or action not possible or premature; and
f. Fortuitous events or force majeure.

Signing of any written action or decision.

 Must contain no more than three (3) initials or signatures.

Public disclosure of statements of assets and liabilities.

1. Statement of Assets and Liabilities and Financial Disclosure.
a. Contents.
 real property, its improvements, acquisition costs, assessed value and current fair market value;
 personal property and acquisition cost;
 all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like;
 financial liabilities, both current and long-term;
 all business interests and financial connections,
b. When to file.
 within thirty (30) days after assumption of office, statements of which must be reckoned as of his first day of service;
 on or before April 30, of every year thereafter, statements of which must be reckoned as of the end of the preceding
year;
 within thirty (30) days after separation from the service, statements of which must be reckoned as of his last day in
office.
c. Where to file.
 President, Vice-President, and Constitutional Officials, with the National Office of the Ombudsman;
 Senators and Congressmen, with the Secretaries of the Senate and the House of Representatives, respectively;
Justices, with the Clerk of the Supreme Court; Judges, with the Court of Administrator; and all national executive
officials, such as members of the Cabinet, Undersecretaries, and Assistant Secretaries, including the foreign service
and heads of government- owned or -controlled corporations with original charters and their subsidiaries and state
colleges and universities, with the Office of the President;
 Regional and local officials and employees, both appointive and elective, including other officials and employees of
government-owned or -controlled corporations and their subsidiaries, with the Deputy Ombudsman in their respective
regions;
 Officers of the armed forces from the rank of colonel or naval captain, with the Office of the President, and those
below said ranks, with the Deputy Ombudsman in their respective regions; and
 All other public officials and employees, defined in Republic Act No. 3019, as amended, with the Civil Service
Commission.
d. Authority in favor of Ombudsman. — Execute, within thirty (30) days from the date of their assumption of office, the
necessary authority in favor of the Ombudsman to obtain from all appropriate government agencies such documents as
may show their assets, liabilities, net worth.
2. Identification and disclosure of relatives. — Such relatives shall include those up to the fourth civil degree of relationships,
either of consanguinity or affinity.
3. Accessibility of documents.
a. At reasonable hours.
b. Made available for copying after ten (10) working days from the time they are filed.
 c. Available to the public for a period of ten (10) years after receipt of the statement.
4. Prohibited acts.
a. any purpose contrary to morals or public policy; or
b. any commercial purpose other than by news and communications media for dissemination to the general public.

5. Authority/ responsibility of certain officials - Authority to determine whether said statements have been properly accomplished:
a. In the case of Congress, the designated committees of both Houses of Congress subject to approval by the affirmative
vote of the majority of the particular House concerned;
b. In the case of the Executive Department, the heads of departments, offices, and agencies insofar as their respective
departments, offices and agencies are concerned subject to approval of the Secretary of Justice;
c. In the case of the Judicial Department, the Chief Justice of the Supreme Court; and
d. In case of the Constitutional Commissions and other Constitutional Offices, the respective Chairman and members
thereof; in the case of the Office of the Ombudsman, the Ombudsman.
6. Review and compliance procedures.
7. Basis in monitoring income and lifestyle of government officials and employees. — Sworn Statement of Assets and Liabilities
(SSAL).

Transparency of transactions and access to information.

1. Ensure transparency of public transactions.
2. Provide official information, except if:
a. must be kept secret in the interest of national defense or security or the conduct of foreign affairs;
b. would put the life and safety of an individual in imminent danger;
c. falls within the concepts of established privilege or recognized exceptions as may be provided by law;
d. information, record, or document comprises drafts of decisions, orders, rulings, policy-decisions, memoranda, etc.;
e. would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of
personal privacy;
f. would disclose investigatory records compiled for law enforcement purposes that will cause partial adjudication; or
g. premature disclosure that will endanger the stability of financial institution.
3. Establish information systems. — for the purpose of informing the public of such policies, programs, and accomplishments,
and not to build the public image of any official or employee or advance his own personal interest.

Reforms on public administrative systems.

1. Conduct value development programs.
2. Conduct professional, etc. programs.
3. Conduct studies and analyses of work systems.
4. Develop and make available a service guide.
5. Consult the public for feedbacks and suggestions.
6. Conduct research and experimentation.
7. Designate a resident Ombudsman.
8. Consult and dialogue with staff.
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
CHAPTER V: RIGHTS AND PRIVILEDGES OF
PUBLIC OFFICERS
A. IN GENERAL
Rights incident to public office

Rights as a citizen

a. Protection from publication commenting on his fitness and the like

b. Engaging in certain political and business activities

B. RIGHT TO COMPENSATION
Power of Congress to fix compensation

a. Power primarily but not exclusively legislative in character

b. Power may be delegated subject to statutory limitations

Compensation, not an element of public office

Forms of compensation defined and distinguished

A. Compensation

means pay for doing all that may be required whether it is in the form of a fixed salary or wages, per diems,
fees, commissions, or perquisites of whatever character.

it is distinguished from honorarium, as honorarium is given not as a matter of obligation but in appreciation
for services rendered; a voluntary donation in consideration of services which admit of no compensation in
money.

B. Salary

is the personal compensation to be paid to the public officer for his services, it is generally a fixed annual or
periodical payment depending on the time and not the amount of service.

It is distinguished from wages, as wages is given to officers of lesser rank and paid per day or week.

C. Per diem

is merely one forms of compensation granted to public officers which is fixed, not as ordinarily by the year or
by the month but by the day.

is a daily allowance given for each day an officer or employee of government is away from her home base. It
is intended to cover the cost of lodging and subsistence of officers and employees when the latter are on duty
outside of their permanent station.

Could rightfully be considered a compensation or remuneration attached to an office.

not deemed to be a salary within the Constitutional provision that no change in the compensation of officers
shall affect the salary of any officer during his existing term.

D. Emoluments

refers to the profits arising from the office, and that which is received as compensation for services or which
is annexed to the office as salary, fees or perquisites.

Includes fees and compensation as the incumbent of the office is, by law, entitled to receive.

Allowances are included in the term “emoluments” (i.e., representation and transportation, housing, etc.)

Basis of right to compensation

1. Creation of law
2. Services rendered
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
3. Compensation fixed by law
4. Legal title to office
5. Amount of compensation
6. Ex oficio position

Recovery of compensation

1. From the government

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.

b. In cases where there is no de jure officer, a de facto officer is legally entitled to the emoluments of the office if
he is:

1. In good faith
2. Has possession of the office
3. Has discharge of the duties of said office

2. From the de facto officer

a. After the notice of adjudication in favor of the de jure officer, the de facto officer is not entitled to keep what has
been paid for services rendered.
b. Also, where the tenure of the de facto was wrongful, the salary received by such may be recovered.

3. From the intruder or usurper

o An intruder or usurper has no right to the salary or emoluments of the office. He becomes liable to the de jure
officer in an action for money he had received.

Salary not subject to garnishment

Garnishment
is a kind of attachment for reaching credits belonging to the judgment debtor owing to him from a stranger to
litigation.

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.

Agreements affecting compensation

a. Compensation is given not only for remuneration of services but also to enable the incumbent to give due
attention to his official duties and to perform them better.

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
services and the salaries attached thereto and to those already performed which the officer can validly disburse
as he may see fit.

b. The following agreements are invalid:

1. Agreement to accept, or acceptance of less or other than legal compensation

2. Sale, assignment, or barter of said compensation
3. Dividing compensation with others if it amounts to an anticipatory agreement

Prohibition against diminution of salary

a. Congress has absolute power to fix or alter the compensation of public officers, except as provided by the
Constitution.
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
b. The Constitution prohibits Congress from reducing the salary of the following constitutional officers during their
term or tenure in order to secure their independence:

1. President and Vice-President

2. Chief Justice, Associate Justices of the Supreme Court, and judges of lower courts
3. Chairmen and members of the Constitutional Commissions
4. Ombudsman and his Deputies

Prohibition against receiving additional, double, or indirect compensation

“No elective or appointive public officer or employee shall receive additional, double, or indirect compensation,
unless specifically authorized by law, nor accept without the consent of the 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.” (Constitution,
Article IX-B, Section 8)

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.

1. Requirements for free voluntary service

a. Issuance of an appointment document

b. Fitness and suitability for the duties and responsibilities of the particular position
c. Compliance with the rule on nepotism

2. Functions or services that volunteers can perform:

a. Advisory
b. Consultancy or counseling
c. Recommendatory
d. Professional services
e. Staff work such as planning or research
f. Humanitarian

3. Applicable laws and rules

o The Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act no. 6713) and
the Implementing Rules on:

a. Rewards and incentives

b. Norms of conduct and ethical standards
c. Duties and obligations of public officers and employees
d. Prohibitions and sanctions
enumerated in the Implementing Rules
e. Civil and criminal liability

4. Exemptions

o Those who render free voluntary service are exempted from the following:

a. Filing of statements of assets and liabilities and net worth, and financial disclosures
b. Requirement of divestment
c. Eligibility requirements
d. Security of tenure

5. Prohibitions
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
o Unless otherwise provided in the terms of their designations, volunteers are prohibited from:

a. Exercising supervisory functions over personnel

b. Exercising functions of positions involving national security
c. Having access to confidential or classified information unless authorized by proper authorities
d. Occupying regular plantilla positions
e. Having such services credited as government service and availing themselves of retirement benefits
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.

C. OTHER RIGHTS
1. Rights under the Constitution

a. Right to self-organization
b. The right to protection of temporary employees
c. Freedom of members of Congress from arrest and from being questioned
d. The right not to be removed or suspended except for cause provided by law

2. Participation in prohibited activity or mass action

“Prohibited concerted activity or mass action”

refers to any collective activity undertaken by government employees either by themselves or through their
employees’ organizations, with the intent of effecting work stoppage or service disruption in order to realize their
demands or force concessions, economic or otherwise, from their respective agencies or the government.

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

a. The right to preference in promotion

b. The right to present complaints and grievances
c. The right not to be suspended or dismissed except for cause as provided by law and after due process
d. Right to organize

NEXT-IN-RANK RULE

4. Personnel actions

refers to any action denoting movement or progress of personnel in the civil service which must be in
accordance with the rules or standards promulgated by the Civil Service .

o Personnel actions include the following:

1. Appointment through certification

2. Promotion
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.

3. Transfer
It is the movement from one position to another of equivalent rank, level, or salary without break in service
involving issuance of appointment.

4. Reinstatement

It means restoration to a state or condition from which one has been removed or separated.

5. Reemployment

6. Detail

It is the movement of an employee from one department or agency to another without the issuance of
appointment and shall be allowed only for a limited period in case of employees occupying professional, technical,
and scientific positions.

7. Reassignment

8. Demotion
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
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:

1. Retirement benefits
2. Separation benefits
3. Unemployment or involuntary separation benefits
4. Disability benefits
5. Survivorship benefits
6. Funeral benefits
7. Life insurance benefits

6. Pension

are regular allowances paid to an individual or group of individuals by the government in consideration of
services rendered, or in recognition of merit, civil or military

Pension and gratuity distinguished

o Gratuity is a donation and act of pure liberality on the part of the State.

7. Retirement

as a withdrawal from office public station, business, occupation, or public duty.

8. Right to reimbursement and indemnity

9. Right to reinstatement and back salary

o Reinstatement

Is the restoration to a state or condition from which one had been removed or separated.
o Back Salary

Is a form of relief that restores the income that was lost by reason of unlawful dismissal.

10. Rights to property, devices and inventions

11. Right to recover reward for performance of duty
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
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.”
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
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.
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
Nepotism - All appointments made in favor of a relative of the appointing or recommending authority, or of the
chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.

LGU Officers
Business and Pecuniary interest

Business transaction with local government unit in which he is an official or employee over which he has the
power of supervision, or with any of its authorized board, official, agents, or attorneys, whereby money is to be
[paid or property or any other thing of value is to be transferred directly or indirectly out of the resources of the
LGU unit to such person or firm.

Cockpits
Forfeited real estate in favor of LGU for unpaid taxes or by virtue of a legal process at the instance of the said
LGU.

Use of Public property for private purposes

ETC.

Practice of Profession
those members of the Bar
Appear as counsel before any court in any civil and criminal cases case wherein a local LGU or any office,
agency or instrumentality is the adverse party

Collect any fee for their appearance in admin proceedings involving LGU of which he is an official

Use property or personnel of government except when the SB member concerned is defending the interest of the
Govt

LGU official in medical profession may exercise profession even during official hours of work during emergencies
provided that the officials concerned do not derive monetary compensation.

Partisan Political Activity

Property in Public Auctions

The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through
the mediation of another:

(1) The guardian, the property of the person or persons who may be under his guardianship;

(2) Agents, the property whose administration or sale may have been entrusted to them, unless the consent of
the principal has been given;

(3) Executors and administrators, the property of the estate under administration;
(4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-
owned or controlled corporation, or institution, the administration of which has been entrusted to them; this
provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and
employees connected with the administration of justice, the property and rights in litigation or levied upon an
execution before the court within whose jurisdiction or territory they exercise their respective functions; this
prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property
and rights which may be the object of any litigation in which they may take part by virtue of their profession.
(6) Any others specially disqualified by law.
The prohibitions in the two preceding articles are applicable to sales in legal redemption, compromises and
renunciations.

BSP
Outside the interest of the Gov. and Full time monetary board members
Personnel (Anti-Graft and Code of Ethical Standards)

BIR
Unlawful divulgence of trade secrets (PD 1158 sec 269)
Unlawful interest of revenue law enforcers in business. (PD 1158 sec 270)

Anti-Graft
Influencing other public officer to perform an offense in connection with official duties
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
Requesting or receiving any gift in connection with his official duties
Causing any undue injury to any party
Entering on behalf of the Govt into a contract to the disadvantage of another
Having financial or pecuniary interest in any business which is prohibited by law
Becoming interested for personal gain in any transaction requiring the approval of the board or company
Approving or granting any license or permit in favor of any person known to him to be not qualified or legally
entitled to such license

Code of Conduct and Ethical Standards

(a) Public officials and employees shall not, directly or indirectly, have any financial or material interest in any
transaction requiring the approval of their office.
(b) Outside employment and other activities related thereto. - Public officials and employees during their
incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee
or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by
law;
(2) Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that
such practice will not conflict or tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or pending official
transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation
from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot
practice his profession in connection with any matter before the office he used to be with, in which case the one-
year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or divulge,
confidential or classified information officially known to them by reason of their office and not made available to
the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the
course of their official duties or in connection with any operation being regulated by, or any transaction which may
be affected by the functions of their office.

Divestment (RA 6713, sec 3, f,g,I,j,k)

A public official or employee shall avoid conflicts of interest at all times. When a conflict of interest arises, he shall
resign from his position in any private business enterprise within thirty (30) days from his assumption of office
and/or divest himself of his shareholdings or interest within sixty (60) days from such assumption.
The same rule shall apply where the public official or employee is a partner in a partnership.
The requirement of divestment shall not apply to those who serve the Government in an honorary capacity nor to
laborers and casual or temporary workers.

"Conflict of interest" arises when a public official or employee is a member of a board, an officer, or a substantial
stockholder of a private corporation or owner or has a substantial interest in a business, and the interest of such
corporation or business, or his rights or duties therein, may be opposed to or affected by the faithful performance
of official duty.

"Substantial stockholder" means any person who owns, directly or indirectly, shares of stock sufficient to elect a
director of a corporation. This term shall also apply to the parties to a voting trust.

"Divestment" is the transfer of title or disposal of interest in property by voluntarily, completely and actually
depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse
and relatives as defined in this Act.

"Relatives" refers to any and all persons related to a public official or employee within the fourth civil degree of
consanguinity or affinity, including bilas, inso and balae.

"Family of public officials or employees" means their spouses and unmarried children under eighteen (18) years
of age.
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
CHAPTER VII: LIABILITIES OF PUBLIC
OFFICERS
A. In General

Doctrine of official immunity from liabilities for public officers

The promotion of fearless, vigorous, and effective administration of policies of government. The threat of
suit could also deter competent people from accepting public office.

Official immunity and State immunity distinguished

Official immunity is by protecting the public official in the performance of his government function. It
serves as a protective aegis for public officials from tort liability for damages arising from discretionary acts or
functions in the performance of their official duties.

State immunity does not apply in causes of action which do not seek to impose a charge or financial
liability against the government.

Official immunity not absolute. Hence, such immunity shall only apply to the following:

1. Suit to enforce liability for personal torts; and

2. Suit to compel performance of official duty or restrain performance of an act.
Exceptions:
a. A public officer may be sued as such to compel him to do an act required by law;
b. From enforcing a law claimed to be unconstitutional; and
c. The government itself violated its own laws.

Liability based upon and co-extensive with duty

Two Classes of public officers

1. Those whose duty is owing solely to the public; and

2. Those whose duty is owing in some degree to the individuals.

Three-fold responsibility of public officers

1. CIVIL. If individual is damaged by the violation of duty, the officers shall be held liable civilly to reimburse the
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,
or removal from office, as the case maybe.

Criminal and civil cases different from administrative matters

(Criminal and civil cases VS. Administrative matters)

Administrative Cases/Matters Criminal and Civil Cases

Purpose Protection of public service Punishment of crimes
Constitution of the act or Solely administrative May be administrative and criminal
omission
Case administration Does not bar from criminal penalty; Does not foreclose administrative
action, if due to insufficiency of
Does not bar from filing of criminal information; evidence;

Double jeopardy does not apply Will not necessarily result to liability in
the administrative case
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
Prejudicial Question Not applicable

Proceedings against public officers

1. Evidence and procedure

Substantial evidence – such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion.

2. Right to be informed of findings and recommendations of an investigating committee.

3. Object of administrative proceedings.
4. Right to counsel.
5. Effect of death.

Administrative liability incurred in a previous term by an elective official

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 wrongdoing was committed prior to the date of re-election.

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
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.

B. Civil Liability

Requisites for recovery of damages arising from acts of public officers

Two things that must concur in order to create the right of action:

1. Damage to himself; and

2. A wrong or violation of the right of a party committed by the other.

Effect of contributory negligence of injured party

Rule: Public officers should be held to a faithful performance of their official duties, and made to answer
in damages to all persons who may have been injured through their malfeasance, omission or negligence.

Liability of the President for Official Acts

1. Civil responsibility
2. Criminal Liability
3. Liability for Damages

Liability of other Executive Officials for Official Acts

Government officials performing discretionary functions generally are shielded from liability for civil damages
insofar as their conduct does not violate clearly established statutory or constitutional rights which any
reasonable person would have known.

Reasons for immunity

a. Immunity is necessary because the imposition of monetary costs for mistakes which were not
unreasonable in the light of all circumstances would undoubtedly deter the most conscientious
governmental decision maker from exercising his judgment independently, forcefully and in a matter
best serving the long-term interest of the public
b. Officials with broad range of duties and authority must often act swiftly and firmly at the risk that an
action deferred will be futile or constitute virtual abdication of office.
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
Liability of Legislative Officials for Official Acts

Members of the Congress are not only exempt from general liability but certain special privileges are accorded
them by the Constitution.

Reasons for immunity

Members of public legislative bodies are chosen to enact such laws and regulations or rules of conduct as in their
judgment best suited to the welfare and prosperity of the people within their jurisdiction. The performance of this
duty is owing to the public and not to individuals.

Liability of Members of the Judiciary for Official Acts

1. Reasons for immunity

a. The necessary result of the liability would be to occupy the judge’s time and mind with the
defense of his own interests, when he should be giving them up wholly to his public duties,
thereby defeating to some extent the very purpose for which his office was created.
b. The effect of putting the judge on his defense as wrongdoer necessarily is to lower the
estimation in which his office is held by the public, and any adjudication against him lessens
the weight of his subsequent decisions.
c. The civil responsibility of the judge would often be an incentive to dishonest instead of honest
judgments, and would invite him to consult public opinion and public prejudices when he ought
to be wholly above and uninfluenced by them.
d. Such civil responsibility would constitute a serious obstruction to justice, in that it would render
essential a large increase in the judicial force, not only as it would multiply litigation, but as it
would open each case to endless controversy. If one judge can be tried for his judgment, the
one who presides on the trial may also be tried for his, and thus the process may go on until it
becomes intolerable.
e. Where the judge is really deserving of condemnation, a prosecution at the instance of the state
is a much more effectual method of bringing him to account than the private suit.
f. Judicial offices would never be accepted by any man of standing, reputation or financial worth,
if at the peril of his fortune, he must justify his judgments to the satisfaction of another judge at
the instance of a dissatisfied litigant.
2. Liability for rendering an unjust judgment
3. Liability for gross ignorance of law and incompetence
4. Quantum of proof necessary to support administrative charges

Liability of Quasi-judicial Officers for Official Acts

1. Nature of functions
2. Reasons for Immunity
3. Liability for ministerial acts

Liability of Ministerial Officers for Official Acts

1. General Rule
Purely Ministerial Act or Duty – an act which an officer or tribunal performs in a given state of facts, in
a prescribed manner, in obedience to the mandate of the legal authority, without regard to the exercise
of his own judgment upon the propriety or impropriety of the act done.

2. Requisites for liability

3. Liability where officer also acts extra-judicially

Kinds of Liability of Ministerial Officer

1. Nonfeasance or the neglect or refusal, without sufficient excuse, to perform an act which it was the
officer’s legal duty to the individual to perform;
2. Misfeasance or the failure to use, in the performance of a duty owing to an individual, that degree of
care, skill and diligence which the circumstances of the case reasonably demand; and
3. Malfeasance or the doing, either through ignorance, inattention or malice, of that which the officer has
no legal right to do at all, as where he acts without any authority whatever, or exceeds, ignores or
abuses his powers.
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
Liability of Superior Officer for Acts of Subordinates

1. General Rule
2. Exceptions
a. Where, being charged with the duty of employing or retaining his subordinates, he negligently
or willfully employs or retains unfit or improper persons; or
b. Where, being charge with the duty to see that they are appointed or qualified in a proper name,
he negligently or willfully fails to require them the due conformity to the prescribe regulations; or
c. Where he so carelessly or negligently oversees, conducts or carries on the business of his
office as to furnish the opportunity for the default; or
d. A fortiori, where he has directed, authorized or cooperated in the wrong; or
e. Where liability is expressly provided in the statute.
3. Other Exceptions

Liability of Subordinates

1. Same rules as those applicable to officers of higher rank

2. Where acts done pursuant to orders or instructions

Liability for Tortious Acts

1. Acts done within scope of official authority

2. Acts done without or in excess of official authority

Liability under the Civil Code

1. For failure or neglect to perform official duty

2. For violating rights and liberties of private individuals
a. Freedom of Religion;
b. Freedom of speech;
c. Freedom to write to the press or to maintain a periodical publication;
d. Freedom from arbitrary or illegal detention;
e. Freedom of suffrage;
f. The right against deprivation of property without due process of law;
g. The right to a just compensation when private property is taken for public use;
h. The right to the equal protection of laws;
i. The right to be secure in one’s person, house, papers, and effects against unreasonable
searches and seizures;
j. The liberty of abode and of changing the same;
k. The privacy of communication and correspondence;
l. The right to become a member of association or societies for purposes not contrary to law;
m. The right to take part in a peaceful assembly to petition the government for redress of
grievances;
n. The right to be free from involuntary servitude in any form;
o. The right of the accused against excessive bail;
p. The right of the accused to be heard by himself and counsel, to be informed of the nature and
cause of the accusation against him, and to have a speedy and public trial, to meet witnesses
face to face, and to have compulsory process, to secure the attendance of witness in his behalf;
q. Freedom from being compelled to be a witness against one’s self, or from being forced to
confess guilt, or from being induced by a promise of immunity or reward to make such
confession, except when the person confessing becomes a state witness;
r. Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed
or inflicted with the statute which has not been judicially declared unconstitutional; and
s. Freedom of access to the courts

3. For failure to render aid or protection to a person

Liability on Contract Executed in behalf of the Government

The general rule is that a public officer within the scope of his authority and in his official capacity is not
personally liable on contracts executed in behalf of the government

Liability for Unexplained Wealth

 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
1. Republic Act No. 1379 (Forfeiture of Unexplained Wealth Act) declares the forfeiture in favor of the state
of any property found to have been unlawfully acquired by any public official or employee
2. On the other hand, R.A. No. 3019 (Anti-Graft and Corrupt Practices Act) penalizes certain acts
(enumerated in Section 2 thereof) of public officers and private persons alike which constitute graft or
corrupt practices or which may lead thereto.

Liability of Accountable Officers to the Government

1. Bond requirement
2. Primary and secondary responsibility
3. General liability for unlawful expenditures
4. Measure of liability of accountable officers
5. Liability for acts done by direction of superior officers

C. CRIMINAL LIABILITY

Generally: No public officer, however high his position, is above the law; all may be punished for criminal
acts.

Crimes Peculiar to Certain Public Officers

1. Revised Penal Code

a. Malfeasance and misfeasance in office;
b. Frauds and illegal exactions and transactions;
c. Malversation of public funds or property;
d. Infidelity of public officers; and
e. Other offenses and irregularities committed by public officers which include disobedience,
refusal of assistance, maltreatment of prisoners, prolongation and abandonment of the duties
and powers of public office, usurpation of powers, and unlawful appointments.
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter

CHAPTER VIII: TERMINATION OF OFFICIAL

RELATIONS
A. Specifically

Modes of termination of official relations

The authority and duties imposed by the office may be terminated by any of the following ways:
1. Expiration of the term of tenure of office

2. Reaching the age limit

3. Death or permanent disability

4. Resignation

5. Acceptance of incompatible office

6. Abandonment of office

7. Prescription of right to office

8. Removal

9. Impeachment

10. Abolition of office

11. Conviction of a crime

12. Recall

B. Natural Causes

By expiration of term of office- unless he is authorized by law to hold over, his rights, duties and
authority as a public officer must ipso facto cease.

Term- when used in reference to the tenure of office means ordinarily a fixed and definite time prescribed by
law or the Constitution by which an officer may hold an office.

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

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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.
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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 from the government service.
c) A voluntary resignation is difficulty to reconcile with the filing of a complaint
for illegal dismissal.

To whom resignation tendered.

The official with whom a resignation of a public office must be filed may be designated
by statute. In the absence of a statutory direction, a public officer should tender to the officer or
body having authority to appoint his successor or to call an election to fill the office.

Necessity of acceptance of resignation.

1) Abandonment unlawful before acceptance.

2) Resignation revocable before acceptance.

Form of acceptance

The acceptance of the resignation may be manifested either by a formal declaration or by the
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
was a sufficient acceptance, if any was required.

\ Withdrawal of resignation.

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
withdrawn after the resignation has been accepted. Accordingly, a public employee is entitled to
withdraw a prospective resignation if the employee dies so before its effective date, before it has been
accepted, and before the appointing power acts in reliance on the resignation.

Repudiation of resignation.

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;
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.

Effect of duress or coercion.

A resignation by an officer charged with misconduct is not given under duress or coercion,
though the appropriate authority has already determined that the officer's alternative is termination, where
such 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 authorized by law and the circumstances of the case.

By acceptance of an incompatible or prohibited office.

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1) It is contrary to the policy of the law that the same individual should undertake to perform
inconsistent and incompatible duties. He who, while occupying one office, accepts another
incompatible with the first, ipso facto, absolutely vacates the first office.
2) If the law or Constitution as an expression of public policy forbids the acceptance by a public
officer of any office other than that which he holds, it is not a case of incompatibility but of legal or
constitutional prohibition.

When offices incompatible with each other.

Incompatibility is to be found in the character of the officers and their relation to each
other, in the subordination of the functions and duties which attach to them. It exists where:
1) There is conflict in such duties and functions, so that the performance of the duties of one
interferes with the performance of the duties of the other, as to render it improper from consideration
of public policy for one person to retain both; and
2) One is subordinate to the other and is subject in some degree to its supervisory power for
obviously in such a situation where both positions are held by the same person, the design that one
acts as a heck on the other would be frustrated; or
3) The Constitution or the law itself, for reasons of public policy, declares the incompatibility
even there is no 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;

Exceptions to the rule on holding incompatible offices.

1) Where the officer cannot vacate the first office by his own act, upon the principle that he will not
be permitted to, thus, do indirectly what he could not do indirectly, as where the law requires the approval
of the provincial board before a municipal official can resign.
2) Where the first office is held under a different government from that which conferred the
second;
3) Where the officer is expressly authorized by law to accept another office; and
4) Where the second office is temporary.

By abandonment of office.

Meaning of abandonment.

Abandonment in law means a voluntary relinquishment of an office by the holder of all right,
title or claim thereto without valid or justifiable reason with the intention of not reclaiming it, or terminating his
possession and control thereof.

When there is abandonment of office.

A public office is not deemed property but like any other right or property it may be
abandoned.
1) Clear intention to abandon office.
2) Acceptance of another office.
3) Concurrence of overt acts and intention.
4) Failure to discharge duties of office, or to claim or resume it.
5) Acquiescence by the officer.

By prescription of right to office.

A person who claims a right to a public office occupied by another may bring an action
determine by what authority the latter assumes to hold and exercise the office in question and
ascertain who is entitled to it.

1) Prescriptive period for filing petition for quo warranto. - Under the Rules of Court, the proceeding of
quo warranto is the proper and appropriate remedy against public officer or employee for his ouster from office
which should be commenced within one year after the cause of such ouster or the right of the plaintiff to hold
such position arose.

2) Rationale for the one-year period- The rationale is that title to public office should not be subjected to
uncertainties but should be determined as speedily as possible. Consequently, the period runs even when
there is no person as yet appointed to succeed in the position and even during the pendency of a motion for
reconsideration in the administrative level/
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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
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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.

1. Disloyalty to the Republic of the Philippines

2. Culpable violation of the Constitution
3. Dishonesty, oppression, misconduct in office and neglect of duty
4. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor.
5. Abuse of authority
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
7. Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another
country
8. Such other ground as may be provided in the Codes and other laws.

Grounds for disciplinary action under the Civil Service Law

1. Dishonesty
2. Oppression
3. Neglect of duty
4. Misconduct
5. Disgraceful and immoral conduct
6. Being notoriously undesirable
7. Discourtesy in the course of official duties
8. Inefficiency and incompetence in the performance of official duties
9. Receiving for personal use a fee, or other valuable thing in the course of official duties or in connection
therewith when such is given by any person in the hope or expectation of receiving a favour or better
treatment than that accorded other persons, or committing acts punishable under the anti-graft laws
10. Conviction of a crime involving moral turpitude
11. Improper or unauthorized solicitation of contribution from subordinate employees and by teachers or
school officials from school children
12. Violation of existing Civil Service Law and rules or reasonable office regulations
13. Falsification of official documents
14. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized
absences from duty during regular office hours.
15. Habitual drunkenness
16. Gambling prohibited by aw
17. Refusal to perform official duty or render overtime service
18. Disgrace, immoral or dishonest conduct prior to entering the service
19. Physical or mental incapacity or disability due to immoral or vicious habits
20. Borrowing money by superior officers from subordinates or lending by subordinates to superior officers
21. Lending money at usurious rates of interest
22. Wilful failure to pay just debts or wilful failure to pay taxes due to the government
23. Contracting loans of money or other property from persons with whom the office of the employee
concerned has business relations
24. Pursuit of private business, vocation or profession without the permission required by Civil Service rules
and regulations
25. Insubordination
26. Engaging, directly or indirectly, in partisan political activities by one holding non-political office
27. Conduct prejudicial to the best interest of the service
28. lobbying for personal interest or gain in legislative halls and offices without authority
29. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public
welfare purposes and even in the latter cases if there is no prior authority
30. Nepotism

Nepotism.

The Civil Service Decree prohibits all appointments in the national and local governments or any branch or
 THE LAW ON PUBLIC OFFICER
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Summary by Chapter
instrumentality thereof, including government-owned or controlled corporations, made in favour of a relative of the:

1. appointing authority
2. recommending authority
3. chief o the bureau or office
4. person exercising immediate supervision over the appointee

The following are exempted from the operation of the rule of nepotism:

1. persons employed in a confidential capacity

2. teachers
3. physicians
4. member of the Armed Forces of the Philippines

Grounds for disciplinary action under the Code of Conduct and Ethical Standards

1. Directly or indirectly having financial and material interest in any transaction requiring the approval of his
office
2. owning, controlling, managing or accepting employment as officer, employee, consultant, counsel,
broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licenses by his
office, unless expressly allowed by law
3. engaging in the private practice of his profession unless authorized by the Constitution, law or regulation,
provided that such practice will not conflict or tend to conflict with his official functions
4. recommending any person to any position in a private enterprise which has a regular or pending official
transaction with hi \s office, unless such recommendation or referral is mandated by :
A. law
B. international agreements,
C. commitment and obligation
5. disclosing or misusing confidential or classified information officially known to him by reason of his office
and not made available to the public, to further his private interests or give advantage to anyone, or to
prejudice the public interest
6. soliciting or accepting, directly or indirectly, any gift, gratuity, favour, entertainment, loan or anything of
monetary value which in the course of his official duties or in connection with any operation being
regulated by or any transaction which may be affected by the functions of his office
7. obtaining or using any statement filed under the Code for any purpose contrary to morals or public policy
or any commercial purpose other than by news and communications media for dissemination to the
general public
8. unfair discrimination in rendering public service due to party affiliation or preference
9. disloyalty to the Republic of the Philippines and to the Filipino people
10. failure to act promptly on letters and request within fifteen (15) days from receipt, except as otherwise
provided in the Implementing Rules
11. failure to process documents and compete action on documents and papers within a reasonable time
from preparation thereof, except as otherwise provided in the Implementing Rues
12. failure to attend to anyone who wants to avail himself of the services of the office or to act promptly and
expeditiously on public personal transactions
13. failure to file swoon statements of assets, liabilities and net worth, and disclosure of business interests
and financial connections
14. failure to resign from his position in the private business enterprise with thirty (30) days from assumption
of public office when conflict of interest arises, and/or failure to divest himself of his shareholding or
interests in private business enterprise within sixty (60) days from such assumption of public office when
conflict of interest arises.

Administrative investigation of elective local officials

1. Form and filing of administrative complaints. A verified complaint against local elective officials shall be
prepared as follows:
A. a complaint against any elective official of a province, a highly urbanized city, an independent component city,
or component city shall be filed before the Office of the President
B. a complaint against any elective official of municipality shall be filed before the Sanggunian Panlalawigan
whose decision may be appealed to the Office of the President
C. a complaint against any elective barangay official shall be filed before the Sanggunian Panlungsod or
Sanggunian Bayan whose decision shall be final and executory
2. Notice of hearing
3. Preventive suspension- it may be imposed:
A. by the President, if the respondent is an elective official of a province, a highly urbanized city or an
independent component city
B. by the governor, if the respondent is an elective official of a component city or municipality
 THE LAW ON PUBLIC OFFICER
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Summary by Chapter
C. by the mayor, if the respondent is an elective official of the barangay
4. Salary of the respondent pending suspension
5. rights of respondent
6. form and notice of decision
7. administrative appeals – decisions in admin cases may within thirty (30) days from receipt thereof, be
appealed to the following:
a. Sanggunian panlalawigan, in the case of decisions of the Sanggunian panlungsod of component cities and the
Sanggunian Bayan
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
8. execution pending appeal

The provisions of AO 23 are given below:

1. how initiated
2. where complaint filed
A copy of the complaint shall be furnished to each of the following:
A. the office of the Governor in the case of component cities
B. the Metropolitan Manila Authority in the case of cities and municipalities in Metro Manila
C. the DILG in all cases
3. Notice
4. Where answer filed
A copy of the answer shall be furnished to each of the following:
A. the complainant
B. the office of the Governor in the case of component cities
C. the Metropolitan Manila Authority in the case of cities and municipalities in Metropolitan Manila
d. DILG in all cases
5. commencement of preliminary investigation
6. evaluation
7. dismissal motu proprio
8. 90-day ban
9. power to suspend- preventive suspension may be imposed by the Disciplining Authority in cases where
the respondent is an elective officials of the following LGUs:
A. provinces
B. highly urbanized cities
C. independent component cities
D. cities or municipalities in Metropolitan Manila
10. 90-day ban
11. Grounds
12. Duration
13. automatic reinstatement
14. salary of respondent pending suspension
15. formal investigation
16. termination of final investigation
17. rendition of decision
18. finality of decision
19. execution pending appeal
20. penalty
21. suspension
22. removal
23. executive clemency

Disciplinary action against appointive local officials and employees.

1) Administrative discipline – Investigation and adjudication of administrative complaints against appointive

local officials and employees as well as their suspension and removal shall be in accordance with the civil service
law and rules and other pertinent laws. The results of such administrative investigations shall be reported to the
Civil Service Commission.

2) Preventive Suspension.

(a) The local chief executives may preventively suspend for a period not exceeding sixty (60) days
any subordinate official or employee under his authority pending investigation if the charge against such
official or employee involves dishonesty, oppression or grave misconduct or neglect in the performance of
duty, or if there is reason to believe that the respondent is guilty of the charges which would warrant his
removal from the service.
 THE LAW ON PUBLIC OFFICER
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(b) Upon expiration of the preventive suspension, the suspended official or employee shall be
automatically reinstated in office without prejudice to the continuation of the administrative proceedings
against him until its termination. If the delay in the proceedings of the case is due to the fault, neglect or
request of the respondent, the time of the delay shall not be counted in computing the period of suspension
herein provided.

3) Administrative investigation – In any local government unit, administrative investigation may be conducted
by a person or committee duly authorized by the local chief executive. Said person or committee shall conduct
hearings on the cases brought against appointive local officials and employees and submit their findings and
recommendations to the local chief executive concerned within fifteen (15) days from the conclusion of the
hearings. The administrative cases herein mentioned shall be decided within ninety (90) days from the time the
respondent is formally notified of the charges.

4) Disciplinary jurisdiction – Except as otherwise provided by law, the local chief executive may impose the
penalty of removal from service, demotion in rank, suspension for not more than one (1) year without any pay,
fine in an amount not exceeding six (6) months' salary, or reprimand and otherwise discipline subordinate officials
and employees under his jurisdiction.

5) Execution pending appeal – An appeal shall not prevent the execution of a decision of removal or
suspension of a respondent-appellant. In case the respondent-appellant is exonerated, he shall be reinstated to
his position with all the rights and privileges appurtenant thereto from the time he had been deprived thereof.

Disciplinary jurisdiction of the Civil Service Commission.

1) Scope- The Civil Service Commission has jurisdiction over all employees of Government branches,
subdivisions, instrumentalities, and agencies including government owned or controlled corporations with original
charters. As the Commission on Elections is the “sole judge” of call election cases and the Commission on Audit,
with respect to government accounts, the Civil Service Commission is the single arbiter of all controversies
pertaining to civil service positions in the government service, whether career or non-career.

2) Appellate jurisdiction over administrative disciplinary cases – The CSC shall decide upon appeal all
administrative disciplinary cases involving the imposition of a penalty of suspension for more than thirty (30) days,
or fine in an amount exceeding thirty (30) days' salary, demotion in rank or salary or transfer, removal or dismissal
from office.

3) Jurisdiction of heads of departments, agencies and instrumentalities. - The heads of departments,

agencies and instrumentalities, provinces, cities and municipalities shall have jurisdiction to investigate and
decide matters involving disciplinary action against officers and employees under their jurisdiction.

4) Investigation by a regional director or similar official – An investigation may be entrusted to a regional

director or similar officials who shall make the necessary report and recommendation to the chief or bureau or
office or department within the period.

5) Execution of decision pending appeal - An appeal shall not stop the decision from being executory in case
the penalty is suspension or removal the respondent shall be considered as having been under preventive
suspension during the pendency of the appeal in the event he wins an appeal.

6) Reconsideration of a final and executory decision not allowed – The CSC has no power or authority to
reconsider its decision which has become final and executory even if the Commission later discovers that its
judgment is erroneous.

7) Power to terminate employment; academic freedom of institutions of higher learning. - As corporate

entities, educational institutions of higher learning are inherently endowed with the right to establish their policies,
academic and otherwise, unhampered by external controls more pressure.

*skipped these parts. Not enough time.*

• Appeal by “party adversely affected by the decision.”
• Withdrawal of complaint against respondent.
• Cessation from office of respondent.
• Procedure in administrative cases against non-Presidential appointees.

APPEAL TO THE PRESIDENT

1. Period to Appeal
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Summary by Chapter
2. Appeal, how taken
3. Appeal fee
4. Transmittal of record
5. Perfection of Appeal
6. Period to file appeal memorandum
7. Appeal Memorandum
8. Non-compliance with requirements
9. Stay of execution
10. Action to appeal
11. Comment
12. Submission of resolution
13. Memorandum decision
14. Finality of decision
15. Executory nature of decision
16. Withdrawal of Appeal
17. Delegation of Authority
18. Limitation of appeals
19. Application of Rules of Court

MERIT SYSTEM PROTECTION BOARD

Composition:
1. Commissioner
2. Two Associated Commissioner

1. Power and Function

2. Appellate jurisdiction of the Civil Service Commission

PREVENTIVE SUSPENSION
1. Kinds
a. Preventive suspension pending investigation
b. Preventive suspension pending appeal
2. Preventive suspension pending investigation
3. Right to compensation where employee is exonerated
4. Preventive suspension pending appeal
5. Suspension from office under section 13 of RA No. 3019
6. Pre-condition for suspension
7. Duration of suspension
8. In the case of members of the Philippine National Police
9. In the case of local elective officials
10. In the case of presidential appointees and other elective officials
11. Where suspension imposed by Ombudsman
12. Prior notice and hearing not required
13. Members of Congress covered by RA No. 3019

SUSPENSION AND REMOVAL DISTINGUISHED

1. As to duration
2. As to nature
3. As to time of imposition

SCHEDULE OF ADMINISTRATIVE PENALTIES

A. PENALTIES FOR GRAVE OFFENSES

1. Dismissal
a. Dishonesty
b. Gross neglect of duty
c. Grave misconduct
d. Being notoriously undesirable
e. Conviction of a crime involving moral turpitude
f. Falsification of official documents
g. Physical or mental incapacity or disability due to vicious habits
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h. Engaging, directly or indirectly, in partisan political activities by one holding non-political office
I. Receiving for personal use of a fee, gift or other valuable thing
j. Contracting loans of money or other property from persons with whom the office of the employee has
business relations
k. Soliciting or accepting directly or indirectly, any gift, gratuity, favour, entertainment, loan or anything of
monetary value
l. Disloyalty to the Republic of the Philippine and to the Filipino people

2. Suspension from six months and one day to one year for the first offense and dismissal for the second offense.
a. Oppression
b. Disgraceful and immoral conduct
c. Inefficiency and incompetence in the performance of official duties
d. Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized absences
from duty during office hours
e. Refusal to perform official duty
f. Gross insubordination
g. Conduct grossly prejudicial to the best interest of the service
h. Directly or indirectly having financial and material interest in any transaction requiring the approval of his office
I. Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker,
agent, trustee, etc.
j. Engaging in the private practice of his profession unless authorized by the Constitution
k. Disclosing or misusing confidential or classified information officially known to him
l. Obtaining or using any statements filed under the Code of Conduct and Ethical Standards

B. Penalties for Less Grave Offenses

1. Suspension from one month and one day to six months for the first offense and dismissal for the second
offense.
a. Simple neglect of duty
b. Simple misconduct
c. Gross discourtesy in the course of official duties
d. Gross violation of existing Civil Service Law and rules of serious nature
e. Insubordination
f. Habitual drunkenness
g. Nepotism
h. Recommending any person to any position in private enterprise which has a regular or pending official
transactions with his office
I. Unfair discrimination
j. Failure to file sworn statements of assets, liabilities and net worth
k. Failure to resign from his position in the private business enterprise within 30 days from assumption of
public office

C. PENALTIES FOR LIGHT OFFENSES

1. Reprimand for the first offense, suspension from one day to thirty days for the second offense, and dismissal
for the third offense
a. Neglect of Duty
b. Discourtesy in the course of official duties
c. Improper or unauthorized solicitation of contributions from subordinate employees
d. Violation of reasonable office rules and regulations
e. Gambling prohibited by law
f. Refusal to render overtime service
g. Disgraceful, immoral or dishonest conduct prior to entering the service
h. Borrowing money by superior officers from subordinates
I. Lending money at usurious rate of interest
j. wilful failure to pay just debts or wilful failure to pay taxes due the government
k. Pursuit of private business, vocation or profession without permission required by Civil
Service rule and regulations
l. Lobbying for personal interest or gain in legislative halls and offices without authority
m. Promoting the sale of tickets in behalf of private enterprise
n. Failure to act promptly on letters and requests within 15 days from receipt
o. Failure to process documents and complete action on documents and papers within a
reasonable time
p. Failure to attend to anyone who wants to avail himself of the services of the offices

D. PENALTIES AND DETERMINATION OF PENALTIES

 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
1. For offenses under Presidential Decree No. 807
2. For offenses under RA No. 6713
3. In determination of penalties to be imposed, mitigating and aggravating circumstances may be
considered
E. ACCESSORY PENALTIES

1. The penalty of dismissal shall carry with-it that of cancellation of eligibility, forfeiture of leave credits
and the retirement benefits, and the disqualification s for re-employment in the government service.

2. The penalty of forced resignation shall carry with it that of forfeiture of leave credits and retirement
benefits, and the disqualification for employment in the government service for a period of one year.

3. The accessory penalties can still be imposed on a government official notwithstanding the
impossibility of affecting the principal penalty of dismissal because of his earlier removal from office.

F. REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILLITIES

The Sandiganbayan

1. Cases subject to its jurisdiction

2. Officials and private individuals subject to its jurisdiction
3. Jurisdiction of ordinary courts

The Ombudman

1. Power, functions, and duties of the Ombudsman

2. Officials subject to Ombudsman disciplinary authority

By Impeachment

1. Impeachable officials
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

Abolition must not constitute removal without cause

1. Right to public office not absolute
2. where abolition done in bad faith
3. Requisites of valid abolition
4. Instances of valid abolition

Termination through reorganization

1. Based on a valid purpose and done in good faith
2. Instances of invalid reorganization

By conviction of a crime

What constitutes conviction?

Effects of pardon

By recall
 THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
Purpose and nature of the power of recall

1. Effective speedy remedy for removal

2. Political in nature involving exercise of judicial functions
3. Essentially the power of removal exercised by the people themselves

Recall of local elective officials

1. By whom exercised
2. Initiation of the recall process
3. Election on recall
4. Effectivity of recall
5. Probation from resignation
6. Limitation on recall