LAWYER’S OBLIGATION
1. Maintain allegiance to the Republic of the Philippines;
2. Support its Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein;
3. Do no falsehood nor consent to the doing of any in court;
4. Not wittingly or willingly promote or sue any groundless, false or
unlawful suit, or give aid nor consent to the same;
5. Delay no man for money or malice, and
6. Conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to the
court as to my clients; and
7. I impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
SCOPE OF ADMINISTRATIVE LAW
8. Fixes the administrative organization and structure of the
government;
9. Execution of which is entrusted to administrative authorities;
10. Governs public officers including their competence (to act),
rights duties, liabilities, election, etc;
11. Creates administrative agencies defines their powers and
functions, prescribes their procedure, including adjudication or
settlement by them of contested matters involving private
interests;
12. Provides the remedies, available to those aggrieved by
administrative actions or decisions;
13. Governs judicial review of, or relief against, administrative
actions or decisions;
14. Rules, regulations, orders and decisions made by administrative
authorities dealing with the interpretation and enforcement of
the laws entrusted to their administration; and
15. Body of judicial decisions and doctrines dealing with any of the
Above
CHARACTERISTICS OF ADMINISTRATIVE AGENCIES
16. Size
17. Specialization
18. Responsibility as to results
19. Variety of administrative duties
NECESSARY DELEGATION
20. Delegation of Internal management
21. Delegation of authority to dispose of routine matters
22. Delegation of authority to dispose of matters informally or to
initiate formal proceedings
23. Delegation of authority and function to conduct formal
proceedings
NATURE OF POWERS
24. Jurisdiction is limited
25. Powers within their jurisdiction broad
26. Powers subject to the Constitution, applicable law or
administrative regulation
CLASSIFICATION OF POWERS OF ADMINISTRATIVE
AGENCIES AS TO NATURE
27. Investigatory powers
28. Rule- making powers
29. Adjudicatory powers
SCOPE & EXTENT OF POWERS OF ADMINISTRATIVE
AGENCIES
30. Initiation of investigation
31. Conduct of investigation
32. Inspection and examination
33. Requirement as to accounts, records, reports or statements
34. Requiring attendance of witnesses, giving of testimony and
production of evidence
35. Hearing
36. Contempt proceedings
37. Application of technical rules of procedure and evidence
CONDITIONS TO GRANT OF RULE- MAKING POWERS
38. The statute is complete in itself, setting forth the policy to be
executedby the agency; and
39. The statute fixes a standard, mapping out the boundaries of the
agency’s authority to which it must conform.
LIMITATIONS TO RULE MAKING POWER
40. May not be used to abridge the authority given by Congress or the
Constitution or to enlarge its power beyond the scope intended.
41. May not by its rules and regulation, amend, alter, modify, supplant,
enlarge or limit the terms of the statute
42. In case of discrepancy between the basic law and an implementing
law, basic law prevails
43. A rule or regulation should be uniform in operation, reasonable and
not unfair or discriminatory
KINDS OF RULE MAKING POWER
44. Contingent legislation or determination
45. Supplementary or detailed legislation
46. Interpretative legislation
INDENTIFYING CHARACTERISTICS OF LEGISLATIVE RULES
47. The statute has delegated power to the agency to adopt the rule;
and
48. It provides that the rule shall, if within the delegated power, have
authoritative force
REQUIREMENTS FOR VALIDITY OF ADMINISTRATIVE RULES
AND REGULATIONS
49. The rules and regulations must have been issued on the authority
of law;
50. They must not be contrary to law and the Constitution;
51. In certain cases, previous notice and hearing or
52. Publication may be necessary to satisfy the requirement of due
process
53. They must be promulgated in accordance with the prescribed
procedure
QUESTIONS IN DETERMINING THE VALIDITY OF RULES
54. Whether the rule relates to the subject matter on which power to
legislate has been delegated;
55. Whether the rule conforms to the standards prescribed in the
delegatory statute
56. Whether the rule is invalid on constitutional grounds, such as due
process
TESTS APPLIED IN DETERMINING VALIDITY OF RULES
57. A rule is invalid if it exceeds the authority conferred to it
58. A rule is invalid if it conflicts with the governing statute
59. A rule is void if it extends or modifies the statute
60. A rule is void if it has no reasonable relationship to the statutory
purpose
61. Courts will set aside rules deemed to be unconstitutional or
arbitrary
or unreasonable
REQUISITIES FOR VALIDITY FOR PENAL RULES &
REGULATIONS
62. The law which authorizes the promulgation of rules and regulations
must itself provide for the imposition of a penalty for their violation;
63. It must fix or define such penalty;
64. The violation for which the rules and regulations impose a penalty
must be punishable or made a crime under the law itself
65. The rules and regulations must be published in the Official Gazette
MISCELLANEOUS ACTS
66. The function of the draft boards
67. The parole of prisoners, at least so long as the duration of the
sentence is not affected, and the revocation of parole
68. The transfer of prisoners from one place of imprisonment to
another
69. Passing upon a petition to call and election
70. Deportation of aliens
CLASSIFICATION OF ADJUDICATORY POWERS
71. Dispensing powers
72. Enabling powers
73. Equitable powers
74. Directing powers
75. Summary powers
NEED FOR DELEGATION
76. Details and questions are beyond capacity of the legislature to
determine
77. Matters requiring more specialized knowledge & expertise
possessed by administrative agencies
REQUISITES OF DELEGATION
78. Completeness of the statute making the delegation
79. The presence of a sufficient standard
PERMISSIBLE DELEGATION
80. Delegation of tariff powers to the President under Section 28(2)
of Article VI of the Constitution
81. Delegation of emergency powers to the President under
Section 23(2) of Article VI of the Constitution
82. Delegation to local governments the power to create its own
sources of revenues and to levy taxes, fees, and charges
83. Delegation to administrative bodies
84. Delegation to the people at large to directly propose and enact
laws or approve or reject any law or part thereof passed by the
Congress or local legislative body
CHARACTERISTICS OF ADMINISTRATIVE PROCEEDINGS
85. Adversary in nature
86. Quasi- judicial or judicial in nature
87. Civil, not criminal, in nature
88. Not an action at law, nor is it a litigation between private parties
REQUISITES OF ADMINISTRATIVE DUE PROCESS
89. Right to notice of the institution of the proceedings that may
affect a person’s legal right;
90. Reasonable opportunity to appear and defend his rights &
introduce witnesses & relevant evidence in his favor, and to
controvert evidence of other party
91. A tribunal vested with competent jurisdiction, so constituted as
to give him reasonable assurance of honesty and impartiality
92. A finding/ decision by that tribunal supported by substantial
evidence presented at the hearing or at least ascertained in the
records or disclosed to the parties affected
ELEMENTS OF RIGHT TO HEARING
93. To present his case or defense, and submit evidence in support
thereof
94. To know the claims of the opposing party and to meet them
95. To cross- examine witnesses for a full and true disclosure of the
facts
96. To submit rebuttal evidence
GROUNDS OF ADMINISTRATIVE AGENCY’S POWER TO
MODIFY THEIR DECISIONS
97. Fraud of imposition
98. Mistake
99. Surprise
100. Inadvertence
101. Newly discovered evidence
102. To meet changed conditions
REQUISITES OF RES JUDICATA
103. Final judgment or order
104. Jurisdiction of the court or agency over the subject matter and
the parties
105. Identity of the parties, subject matter and cause of action
CONTENTS OF A PETITION FOR REVIEW
106. State the Full names of the parties to the case, without
impleading the court or agencies either as petitioners or
respondents
107. Concise statement of the facts and issues involved and the
grounds relied upon for the review
108. Be accompanied by a clearly legible duplicate original or
certified true copy of the award, judgment, final order or
resolution appealed from, together with certified true copies of
such material portions of the record as are referred to therein
and other supporting papers
109. State all the specific material dates to prove it is within the
reglamentary period provided therein
110. Contain a sworn certificate against forum- shopping as required in
Revised Circular no. 28- 91
GROUNDS THAT WARRANT A REVERSAL OF ADMINISTRATIVE
FINDINGS
111. Judgment is based on misapprehension of facts or the findings of
facts are conflicting
112. Agency sustained irregular procedures and through the invocation
of summary methods, including rules on appeal, has affirmed an order
which tolerates a violation of due process
113. Agency/ CA overlooked certain facts of substance and value
which if considered would affect the result of the case or justify a
different conclusion
114. Agency went beyond the issues of the case and he same are
contrary to the admissions of the parties or the evidence presented
115. The conclusion is a finding grounded on speculations, surmises
and conjectures
116. The findings are conclusions without citation of specific evidence
on which they are based
117. The findings of facts are premised on the supposed absence of
evidence and contradicted by the evidence on record
118. Facts set forth in the petition as well as the petitioner’s main and
reply briefs are not disputed by the respondent
119. Rights of the parties were prejudiced
120. Inferences are manifestly mistaken, absurd or impossible
121. There is a grave abuse of discretion
WHEN SUBSTANTIAL EVIDENCE RULE IS NOT APPLICABLE
122. Constitutional/ jurisdictional facts are involved
123. Property rights rather than privileges are involved
124. Suit is not for review of the administrative order and is
independent of the proceedings in which the administrative ruling
under attack was rendered
125. Statute provides for a trial de novo in which the rule shall not be
invoked;
126. Statute has specified a standard or proof required for
administrative determination, that is, the agency is required to make a
finding “by the preponderance of evidence”
PURPOSE & NATURE OF PUBLIC OFFICES
127. Public offices are created for affecting the end of which
government has been instituted, which is the common good
128. A public office is a public trust created in the interest and for the
benefit of the people, and belongs to them.
ESSENTIAL ELEMENTS OF A PUBLIC OFFICE
129. Created by the Constitution or by law or by some body or agency
to which the power to create the office has been delegated
130. Invested with an authority to exercise some portion of the
sovereign power of the State to be exercised for public interest;
131. Powers and functions are defined by the Constitution, or by law,
or through legislative authority;
132. Continuing and permanent in nature and not occasional or
intermittent
133. Duties pertaining thereto are performed independently, without
control of a superior power other than law, unless they are those of an
inferior or subordinate officer
CLASSIFICATION OF PUBLIC OFFICES/ERS as to the NATURE
OF their FUNCTIONS
134. Civil officer
135. Military officer
CLASSIFICATION OF PUBLIC OFFICES/ERS as to their
CREATION
136. Constitutional officer
137. Statutory officer
CLASSIFICATION OF PUBLIC OFFICES/ERS as to the
DEPARTMENT OF THE GOVERNMENT SERVED
138. Legislative officer
139. Executive officer
140. Judicial officer
CLASSIFICATION OF PUBLIC OFFICES/ERS as to the BRANCH 167. Non- career service characterized by
OF GOVERNMENT SERVED a. Entrance on bases other than those of the usual test of merit and
141. National officer fitness utilized for the career service
142. Local officer b. Tenure which is limited to a period specified by law, or which is
co- terminous with that of the appointing authority or subject to
CLASSIFICATION OF PUBLIC OFFICES/ERS as to the his pleasure, or which is limited to the duration of a particular
EXERCISE OF DISCRETION REQUIRED project for which purpose employment was made.
143. Quasi- judicial officer c. Includes
144. Ministerial officer i. Elective officials and their personal or confidential staff;
ii. Department heads and other officials of cabinet rank who
DIQUALIFICATIONS TO HOLD PUBLIC OFFICE holds position at the pleasure of the President and their
145. Under the LGC personal or confidential staffs
a. Sentenced by final judgment for crimes involving moral iii. Chairmen and members of commissions and boards with
turpitude punishable by 1 or more years of imprisonment, fixed terms of office and their personal or confidential staffs
within 2 years after serving sentence iv. Contractual personnel, or those whose employment is in
b. Removed from office as a result of an administrative accordance with a special contract to undertake a specific
charge work or job requiring special or technical skills not available
c. Fugitive from justice in criminal or non- political cases here in the employing agency, to be accomplished within a
or abroad specific period, which in no case shall exceed 1 year and
d. Permanent residents of foreign countries performs or accomplishes with a minimum of direction and
e. Insane or feeble- minded supervision from the hiring agency
f. Dual citizenship v. Emergency and seasonal personnel
g. Convicted by final judgment for violating oath of allegiance d. Casual when employment is not permanent but occasional,
to the Philippines unpredictable, sporadic and brief in nature
146. Consecutive terms
147. Candidate for elective office CONSTITUTIONAL CLASSIFICATION
148. Holds more than 1 office 168. Competitive
149. Impeachment 169. Non- competitive
150. Removal/ suspension from office
151. Relationship with the appointing power USE OF QUALIFICATION STANDARDS IN THE CIVIL SERVICE
152. Previous tenure of office 170. Basis for civil service examinations for positions in the career
153. Misconduct or crime service
154. Mental/ physical incapacity 171. As guides in the appointment and other personnel actions in the
155. Elective official adjudication of protested appointments
156. Office newly created or the emoluments of which have been 172. In determining training needs
increased 173. As aid in the inspection and audit of the agencies’ personnel work
programs
WHERE APPOINTING POWER RESIDES
157. Inherently belongs to the people KINDS OF APPOINTMENT IN THE CAREER SERVICE
158. Entrusted to designated elected and appointed public officials 174. Permanent
175. Temporary or acting
KINDS OF PRESIDENTIAL APPOINTMENTS
159. Temporary or acting or those which last until a permanent GROUNDS TO RECALL AN APPOINTMENT
appointment is issued 176. Non- compliance with the procedures/ criteria provided in the
160. Regular or those made while Congress is in session agency’s Merit Promotion Plan;
161. Ad interim or those made while Congress is not in session or 177. Failure to pass through the agency’s Selection/ Promotion Board;
during its recess 178. Violation of the existing collective agreement between
162. Permanent or those which last until they are lawfully terminated management
and employees relative to promotion; or
STEPS IN THE APPOINTING PROCESS 179. Violation of other existing civil service law, rules and regulations
163. Nomination
164. Confirmation CLASSIFICATION OF VACANCY
165. Issuance of Commission 180. Original
181. Constructive
CLASSIFICATION OF POSITIONS IN THE CIVIL SERVICE 182. Accidental
166. Career service characterized by 183. Absolute
a. Entrance based on merit and fitness to be determined as
far as practicable by competitive examinations, or based CAUSES OF VACANCY
on highly technical qualifications 184. Permanent Disability
b. Security of tenure 185. Impeachment conviction
c. Opportunity for advancement to higher career positions 186. Conviction of a crime
which includes 187. Creation of a new office
i. Open career positions for appointments to which prior 188. Abandonment
qualification in an appropriate examination is required 189. Acceptance of incompatible office
ii. Closed career positions which are highly scientific or 190. Age limit was reached
highly technical in nature 191. Recall
iii. Positions in the Career Executive Service 192. Removal/ Resignation
iv. Career officers other than those in the Career 193. Expiration of term
Executive Service 194. Death
v. Commissioned officers and enlisted men of the
Armed Forces of the Philippines which shall maintain OFFICERS AUTHORIZED TO ADMINISTER OATHS
a separate merit system 195. Secretary of either House of the Congress of the Philippines
vi. Personnel of GOCCs who do not fall under the noncareer 196. Secretaries of Departments
services 197. Clerks of Court
vii. Permanent laborers, whether skilled, semi- skilled or 198. City mayors
unskilled. 199. Registrars of Deeds
200. Any other officer in the service of the government of the 241. Local and foreign scholarship grants;
Philippines whose appointment is vested in the President 242. Paid vacations
201. Any other officer whose duties, as defined by law or regulation, 243. Automatic promotion to the next higher position suitable to his
require presentation to him of any statement under oath qualifications and with commensurate salary
202. Provincial Governors and Lieutenant- governors
203. Notaries Public FUNCTIONS AND RESPONSIBILITIES OF COMMITTEE ON
204. Members of the judiciary AWARDS
205. Bureau Directors 244. Conduct a periodic, continuing review of performance of officials
and employees in all departments, offices, and agencies
REQUREMENTS TO BECOME OFFICER DE JURE 245. Establish a system of annual incentives and rewards to the end
206. Possess the legal qualifications for the office in question; that due recognition is given to officials and employees of outstanding
207. Lawfully chosen to such office; and merit on the basis of the criteria or standards
208. Have qualified himself to perform the duties of such office 246. Determine the form of rewards to be granted
according to the mode prescribed by the Constitution or law 247. Formulate and adopt its own rules to govern the conduct of its
activism
ELEMENTS OF DE FACTO OFFICERSHIP
209. There must be a de jure office. (GENERAL) DUTIES OF PUBLIC OFFICERS AS TRUSTEES FOR
210. There must be a color of right or general acquiescence by the THEPUBLIC
public 248. Duty to obey the law
211. There must be actual physical possession of the office in good 249. Duty to accept and continue in office
faith 250. Duty to accept burden of office
251. Duties in choice and supervision of subordinates
SCOPE OF POWER OF A PUBLIC OFFICER
212. Expressly conferred upon him by the law under which he has ETHICAL DUTIES OF PUBLIC OFFICERS AS TRUSTEES FOR THE
been appointed or elected PUBLIC
213. Expressly annexed to the office by the law which created it or 252. Duty as to outside activities
some other law referring to it; or 253. Duty where personal interest is involved
214. Attached to the office as incidents to it
SPECIFIC DUTIES OF PUBLIC OFFICIALS & EMPLOYEES
CLASSIFICATION OF POWERS AND DUTIES FROM THEIR 254. Act promptly on letters and requests (15 working days from
NATURE receipt)
215. Ministerial 255. Submit annual performance reports (45 working hours from the
216. Discretionary end of yr)
256. Process documents and papers expeditiously
CLASSIFICATION OF POWERS AND DUTIES FROM THE 257. Act immediately on the public’s personal transactions
STANDPOINT OF THE OBLIGATION OF THE OFFICER TO 258. Make documents accessible to the public
PERFORM HIS POWERS AND DUTIES
217. Mandatory FACTORS TAKEN INTO ACCOUNT WHEN PRESCRIBING
218. Permissive “REASONABLE TIME”
259. Nature, simplicity or complexity of the subject matter of the official
CLASSIFICATION OF POWERS AND DUTIES FROM THE paper or documents processed by said department, office or agency
STANDPOINT OF THE RELATIONSHIP OF THE OFFICER TO HIS 260. Completeness or inadequacy of requirements or of data and
SUBORDINATES information necessary for decision or action
219. Power of Control 261. Lack of resources caused by circumstances beyond the control of
220. Power of supervision the department, office, or agency or official or employee concerned
262. Legal constraints such as restraining orders and injunctions
STANDARDS OF PERSONAL CONDUCT issued by proper judicial, quasi- judicial, or administrative authorities
221. Commitment to public trust 263. Fault, failure or negligence of the party concerned which renders
222. Commitment to democracy decision or action not possible or premature and
223. Professionalism 264. Fortuitous evens or force majeure
224. Political neutrality
225. Justness and sincerity CONTENTS OF STATEMENTS OF ASSETS & LIABILITIES AND
226. Responsiveness to the public FINANCIAL DISCLOSURE
227. Nationalism and patriotism 265. Real property, its improvements, acquisition costs, assessed
228. Simple living value and current fair market value
266. Personal property and acquisition cost
DUTIES OF THE CIVIL SERVICE COMMISSION 267. All other assets such as investments, cash on hand or in banks,
229. Observance of these standards stocks, bonds, and the like;
230. Continuing research and experimentation on measures which 268. Financial liabilities, both current and long- term;
provide positive motivation to public officials and employees in 269. All business interests and financial connections
raising the general level of observance of these standards
PROHIBITED ACTS
CRITERIA OF INCENTIVES AND REWARDS 270. Any purpose contrary to morals or public policy; or
231. Years of service 271. Any commercial purpose other than by news and
232. Quality and consistency of performance communications media for dissemination to the general public
233. Obscurity of the position
234. Level of salary INSTANCES WHERE A DEPT/ OFFICE/ AGENCY WILL NOT
235. Unique and exemplary quality of achievement PROVIDE INFORMATION/ RECORDS/ DOCUMENTS TO ANY
236. Risk or temptation inherent in the work; and REQUESTIN G PUBLIC
237. Any similar circumstances or consideration in favor of the 272. Such information, record, or document must be kept secret in
particular awardee the interest of national defense or security or the conduct of
foreign affairs
FORM OF INCENTIVES AND REWARDS 273. Such disclosure would put the life and safety of an individual in
238. Bonuses imminent danger
239. Citations 274. The information, record, or document sought falls within the
240. Directorship in GOCCs; concepts of established privilege or recognized exceptions as
may be provided by law or settled policy or jurisprudence
275. Such information, record, or document comprises drafts of
decisions, orders, rulings, policy decisions, memoranda, etc.
276. It would disclose information of a personal nature where
disclosure would constitute a clearly unwarranted invasion of
personal privacy (ex. Physician-patient privilege)
277. It would disclose investigatory records compiled for law
enforcement purposes, or information which if written would be
contained in such records, but only to the extent that the
production of such records or information would:
a. Interfere with enforcement proceedings;
b. Deprive a person of a right to a fair trial or an impartial
adjudication;
c. Disclose the identity of a confidential source and, in the
case of a record compiled by a criminal law authority in the
course of a criminal investigation, or by an agency
conducting a lawful national security intelligence
investigation, confidential information furnished only by the
confidential source;
d. Unjustifiably disclose investigative techniques and
procedures; or
278. It would disclose information the premature disclosure of which
would
a. In the case of a department, office, or agency which
regulates currencies, securities, commodities, or financial
institutions, be likely to lead to significant financial
speculation in currencies, securities, or commodities, or
significantly endanger the stability of any financial
institution; or
b. In the case of any department, office, or agency, be likely
or significantly to frustrate implementation of a proposed
official action
CONTENTS OF INFORMATION SYSTEMS TO BE ESTABLISHED
BY A DEPARTMENT, OFFICE OR AGENCY
279. Policies, rules, and procedures;
280. Work programs, projects, and performance targets;
281. Performance reports; and
282. All other documents as may hereafter be classified as public
information
REFORMS ON PUBLIC ADMINISTRATIVE SYSTEMS
283. Conduct value development programs on the following subjects
a. Ethical and moral values
b. Rights, duties and responsibilities of public servants
c. Nationalism and patriotism
d. Justice and human rights
e. Democracy in a free and just society
f. Philippine history, culture and tradition
g. Socio- economic conditions prevailing I the country,
especially in the depressed areas, and the need for a
Code of Conduct and Ethical Standards
284. Conduct professional, etc. programs
285. Conduct studies and analyses of work systems
286. Develop and make available a service guide
287. Consult the public for feedbacks and suggestions
288. Conduct research and experimentation
289. Designate a resident Ombudsman
290. Consult and dialogue with staff
RIGHTS AS A CITIZEN
291. Protection from publication commenting on his fitness and the like
292. Engaging in certain political and business activities
FORMS OF COMPENSATION
293. Compensation
294. Salary
295. Per diem
296. Fees
297. Emoluments
BASIS OF RIGHT TO COMPENSATION
298. Creation of law
299. Services rendered
300. Compensation fixed by law
301. Legal title to office
302. Amount of compensation
REASONS WHY SALARY IS NOT SUBJECT TO GARNISHMENT
303. While the money is still in the hands of the disbursing officer, it
belongs to the government
304. Public policy forbids such practice since it would be fatal to the
public service
305. 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
REQUIREMENTS OF FREE VOLUNTARY SERVICE
306. Issuance of an appropriate document
307. Fitness and suitability for the duties and responsibilities of the
particular position
308. Compliance with the rule on nepotism
FUNCTIONS OR SERVICES THAT VOLUNTEERS CAN PERFORM
309. Advisory
310. consultancy or counseling
311. Recommendatory
312. Professional services
313. Staff work such as planning or research
314. Humanitarian
PROHIBITIONS ON VOLUNTEERS
315. Exercising supervisory functions over personnel
316. Exercising functions of positions involving national security
317. Having access to confidential or classified information unless
authorized by proper authorities
318. Occupying regular plantilla positions
319. Having such services credited as government service and availing
themselves of retiring benefits
320. Using facilities and resources of the office for partisan political
purposes
321. Receiving any pecuniary benefit such as honoraria, allowances
and other perquisites of office
RIGHTS UNDER THE CONSTITUTION
322. The right to self- organization
323. The right to protection of temporary employees
324. Freedom of members of Congress from arrest and from being
questioned
325. The right not to be removed or suspended except for cause
provided by law
RIGHTS UNDER THE CIVIL SERVICE DECREE & THE NEW
ADMINISTRATIVE CODE
326. The right to preference in promotion
327. The right to present complaints and grievances
328. The right not to be suspended or dismissed
329. Right to organize
PERSONNEL ACTIONS
330. Detail
331. Demotion
332. Promotion
333. Appointment through certification
334. Reinstatement
335. Reemployment
336. Reassignment
337. Transfer
BENEFITS GIVEN UNDER THE REVISED GOVERNMENT
SERVICE INSURANCE ACT
338. Retirement benefits paid to a member who
a. Has at least 15 years of service
b. Is at least 60 years of age
c. Is not receiving a monthly pension benefit from permanent
total disability
339. Separation benefits
340. Unemployment or involuntary separation benefits
341. Disability benefits which is given to one who is
a. In the service at the time of disability
b. Separated from the service and has paid at least 36
monthly contributions within the 5- year period immediately
preceding the disability or has paid a total of at least 180
monthly contributions prior to the disability
342. Survivorship benefits which shall consist of
a. Basic survivorship pension which is 50% of the basic
monthly pension
b. Dependent’s pension not exceeding 50% of the basic
monthly pension
343. Funeral benefits
344. Life insurance benefits
NATURE AND PURPOSE OF PENSION
345. To a public servant, pension is a form of deferred compensation
for services performed
346. In a person where employment participation is mandatory, the
prevailing view is that employees have contractual or vested
rights in the pension where the person is part of the terms of
employment
347. pension partakes of the nature of “retained wages” of the retiree
to
a. entice or encourage faithful and competent
employees to enter or remain in the service
b. allow the employees who have become incapacitated
by illness or accident to continue discharging his
duties to retire from the service with a relative
financial security
RIGHT TO REINSTATEMENT AND BACK SALARY
348. Where removal or suspension is lawful
349. Where removal or suspension is unlawful
350. Where suspended employee later found innocent
351. Where another appointed to position of illegally dismissed or
suspended employee
352. Duty of plaintiff seeking reinstatement to prove his right to the
office
353. Right to reinstatement to former or at least comparable office
354. Duty to act with reasonable diligence in asserting right to
reinstatement
355. Where pardon extended to convicted employee
DISABILITIES OF PRESIDENT, VICE- PRESIDENT, MEMBERS
OF CABINET, AND THEIR DEPUTIES AND ASSISTANTS
356. Not to hold any other office or employment, unless otherwise
provided in the Constitution
357. Not to practice any other profession
358. Not to participate, directly or indirectly, in any business
359. Should 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 GOCC or their subsidiary
360. Avoid conflict of interest in the conduct of their office
DISABILITIES OF MEMBERS OF CONGRESS
361. Not to hold any other office or employment in the Government
during his term without forfeiting his seat
362. Not to be appointed to any office which may have been created or
the emoluments thereof increased during the term for which he was
elected
363. May not personally appear as counsel before any court of justice
or before the Electoral Tribunals, or quasi- judicial and other
administrative bodies
364. Not to be financially interested in any contract with, or in any
franchise or special privilege granted by the Government. 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
365. Shall not intervene in any cause or matter before any office of the
government for his pecuniary benefit or where he may be called upon
to act on account of his office or to give his vote as a member of
Congress
CLASSES OF OFFICE TO WHICH A MEMBER OF CONGRESS IS
DISQUALIFIED TO HOLD
366. Incompatible office
367. Forbidden office
PROHIBITION AGAINST FINANCIAL INTEREST
368. Appearance as counsel before any court of justice
369. Financial interest in any contract with the government
370. Financial interest in any special privilege by the government
371. Intervention in certain matter
DISABILITIES OF MEMBERS OF CONSTITUTIONAL
COMMISSIONS
372. Not to hold any other office or employment
373. Not to 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
374. Not to be financially interested, directly or indirectly, in any
contract with, or in any franchise or privilege granted by the
Government.
REASONS FOR THE PROHIBITION AGAINST DESIGNATION OF
MEMBERS OF JUDICIARY TO ADMINISTRATIVE POSITIONS
375. It violates the doctrine of separation of powers between the
judicial
and executive branches of the government
376. Compromises the independence of the members in the
performance
of their judicial functions
377. Will result in further delay in their disposition
PROHIBITIONS IMPOSED ON CIVIL SERVICE OFFICERS OR
EMPLOYEES
378. Political activity
379. Additional or double compensation
380. Limitation on employment of laborers
381. Prohibition on detail or reassignment
382. Nepotism
PROHIBITIONS IMPOSED ON LOCAL GOVERNMENT
OFFICIALS
383. Prohibited business and pecuniary interest
a. Engage in any business transaction with the LGU in which
he is an official or employee or over which he has the
power of supervision, or with any of its authorized boards,
officials, agents or attorneys, whereby money is paid, or
property or any other thing of value is to be transferred,
directly or indirectly, out of the resources, of the LGU to
such person or firm
b. Hold such interests in any cockpit or other games licensed
by a LGU
c. Be a surety for any person contracting or doing business
with the LGU for which a surety is required
d. Possess or use any public property contracting or doing
business with the LGU for private purposes
e. All other prohibitions governing the conduct of national
public officers relating to prohibited business and
pecuniary interest
384. Practice of profession
a. All governors, city and municipal mayors are prohibited
from practicing their professions or engaging in any
occupation other than the exercise of their functions as
local chief executives
b. sanggunian members may practice their professions or
engage in any occupation except during session hours.
Those who are members of the bar shall not:
i. appear as counsel before any court in any civil case
where LGU is adverse party
ii. appear as counsel in criminal case where official of
government is accused of an offense in relation to
office
iii. collect any fee for appearance in administrative
proceedings involving his LGU
iv. use property and personnel of the government except
when sagnggunian member is defending interest of
the government
c. doctors may practice profession even during work hours
only in occasions of emergency, provided that officials
concerned do not derive monetary compensation
385. Partisan political activity (note that elective officials can engage
in partisan political activities but cannot solicit contributions from
subordinates.)
PROHIBITION AGAINST PURCHASE OF CERTAIN PROPERTY
AT PUBLIC AUCTION
386. public officers, the property of the State which has been
entrusted to them; will apply to judges and government experts
taking part in the sale
387. justices, judges, prosecutors, etc., the property and rights in
litigation or levied upon an execution; includes acquiring by
assignment and shall also apply to lawyers with respect to
property and rights which may be the object of litigation
OFFICIAL IMMUNITY NOT ABSOLUTE
402. Suit to enforce liability for personal torts
403. Suit to compel performance of official duty or restraint
performance of
an act.
a. A public officer may be sued to compel him to do an act
required by law
b. Secure a judgment that the officer impleaded may satisfy by
himself without the government itself having to do a positive
act to assist him
c. Government itself has violated its own laws

PROHIBITED ACTS AND TRANSACTIONS UNDER ANTI- GRAFT THREE-FOLD RESPONSIBILITY OF PUBLIC OFFICERS
AND CORRUPT PRACTICES ACT 404. if the individual is damaged by such violation, the official shall, in
388. Allowing himself to be influenced to perform an act constituting some cases, be held liable civilly to reimburse the injured party
a violation of lawful rules and regulations or he influences 405. if the law has attached a penal sanction, the officer may be
another public officer to commit such violation punished
389. Requesting or receiving any gift or benefit in connection with criminally
any contract or transaction between the government and any 406. if the administration’s disciplinary power is strong, such violation
other party where the public officer in his official capacity has to may
intervene lead to imposition of fine, reprimand, suspension, or removal from
390. Causing undue injury to any party office, as the case may be
391. entering, on behalf of the government into any contract or
transaction manifestly and grossly disadvantageous to the KINDS OF LIABILITY OF MINISTERIAL OFFICERS
same 407. Nonfeasance
392. having financial interest in any business, contract or transaction 408. Misfeasance
in which he is prohibited by the Constitution or by law from 409. Malfeasance
having any interest
393. Becoming interested, for personal gain in any transaction LIABILITY OF SUPERIOR OFFICER FOR ACTS OF
requiring the approval or board committee of which he is a SUBORDINATES
member 410. Where, being charged with the duty or employing or retaining his
394. Approving or granting any license, permit or privilege or benefit in subordinates, he negligently or willfully employs or retains unfit or
favor of any person known to him to be not qualified for or legally improper persons.
entitled to such license 411. Where, being charged with the duty to see that they are appointed
orqualified in a proper name, he negligently or wilfully fails to require
PROHIBITED ACTS & TRANSACTIONS UNDER THE CODE OF them the due conformity to the prescribed regulations
CONDUCT AND ETHICAL STANDARDS 412. Where he so carelessly or negligently oversees, conducts or
395. Financial and material interest carries on the business of his office as to furnish the opportunity
396. Outside employment and other activities related thereto – during for the default
their 413. A fortiori, where he has directed, authorized or cooperated in
incumbency shall not: the wrong
a. own, control, manage or accept employment in any private 414. Where liability is expressly provided in the statute
enterprise regulated, supervised by his office unless expressly
allowed by law
b. engage in private practice of profession unless authorized by
law, provided there is no conflict of interest
c. recommend any person to a private enterprise that has
transactions with his office
397. Disclosure and/or misuse of confidential information:
a. further private interest or give undue advantage to anyone
b. prejudice public interest
398. Solicitation or acceptance of gifts
Congress must give consent to gifts and grants from foreign
governments –
a. acceptance and retention by public official of a gift of nominal
value received as souvenir or out of courtesy
b. acceptance of gift in the nature of scholarship or fellowship grant
or medical treatment
c. acceptance of travel grants outside the Philippines of more than
nominal value if acceptance is appropriate or consistent with
interests of the Philippines, permitted by the head of office

DIVESTMENT
399. Public officials must avoid conflicts of interest at all times.
400. Requirement of divestment shall not apply to those who serve the
government in honorary capacity nor to laborers and casual
temporary workers
401. Under the code:
a. Conflict of interest
b. substantial stockholder
c. divestment
d. relative – 4th civil degree of consanguinity and affinity
e. family of public officials – spouses, unmarried children
under 18