CHAPTER I: INTRODUCTORY Q. What is Administrative Law A.

Administrative Law embraces all the law that controls or is intended to control the administrative operations of government. Broad scope of Administrative Law covers both interna! and e"terna! administration.

those +laws, decrees, orders, rules and regulations, or portions thereof inconsistent with this %ode., Q. What is the administrative #ramew%r. %# the Phi!i--ines A. -overnment of the *epublic of the .hilippines / corporate governmental entity through which the functions of government are exercised throughout the .hilippines, including, the various arms through which political authority is made effective in the .hilippines0 the apex of the administrative framework of the *epublic. he -overnment includes a,en$ies and instr(menta!ities: a. A,en$* / refers to any of the various units of -overnment including a department, bureau, office, instrumentality, or -)%%, or a L-1.

1. Interna!

considers the legal aspects of public administration as a going concern. refers to the legal relations between administrative authorities and private interests Chie# $%n$ern %# Administrative Law: protection of private rights, the subject of which is the nature and the mode of exercise of administrative power and the system of reliefs against administrative action.

2. E"terna!

b. Instr(menta!it*

Q. What are the &inds %# Administrative Law A. Administrative Law is of four kinds: a) 'tat(tes setting up administrative authorities

/ refers to any agency of -overnment () '( 2-*A 2& within the department framework, vested with special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy usually through a charter

b) )%d* %# d%$trines and decisions

dealing with the creation, operation and effect of determination and regulations of such administrative authorities

c) R(!es+ re,(!ati%ns+ %r %rders of

such administrative authorities in -(rs(an$e %# the -(r-%ses for which administrative authorities were created or endowed

Agencies and instrumentalities are either in$%r-%rated or n%n/in$%r-%rated: a. In$%r-%rated / are vested by law with a juridical personality distinct from the personality of the *epublic0 may be with our without capital stock 3e.g. (A.)%)*, (4A, .()%5

b. N%n/in$%r-%rated / () vested with

d) Determinati%ns+

de$isi%ns+ and %rders of such administrative authorities in the sett!ement %# $%ntr%versies arising in their particular fields.

a juridical personality distinct from the *epublic, endowed by law with some if not all corporate powers 3e.g. 6ugar *egulatory Administration5

N%te: he !"#$ Administrative %ode &'& () repeal or modify the *evised Administrative %ode and special legislations because what the !"#$ %ode repealed or modified are only ! 1 BA

Chartered Instit(ti%n 0 refers to any agency of organi7ed or operating under a specific charter and vested by law with functions relating to specific constitutional policies or objectives0 includes 61%s and B6.. Administrati%n 0 refers to the aggregate of those persons who perform the duties and

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exercise the powers in the administrative set; up of the government. Q. What is a -(2!i$ %##i$e A. P(2!i$ O##i$e refers to the right, authority, and duty, created and conferred by law, by which, for a given period either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some porition of the sovereign functions of the government, to be exercised by that individual for the benefit of the public. .ublic office refers to two concepts: 3!5 as a #(n$ti%na! (nit %# ,%vernment 3e.g. department, bureau5 or 3<5 as a -%siti%n held or occupied by individual persons whose functions are defined by law. A public office is created by: 3!5 the C%nstit(ti%n 3<5 by !aw or 3=5 by an %##i$er or tribunal to which the power to create such office has been de!e,ated 2* the Le,is!at(re. he creation of public officers is primarily a legislative function. Q. Wh% has the -%wer t% re%r,ani3e+ $reate %r a2%!ish %##i$es A. he legislature usually exercises the power to create or abolish by delegating it to the .resident or to another executive officer or body. he means by which the legislature makes the delegation is by authori7ing re%r,ani3ati%n. Q. What is Re%r,ani3ati%n A. *eorgani7ation is the process of restructuring the bureaucracy>s organi7ational structure to make it more viable in terms of the =2s 3economy, efficiency and effectivity5 and make it more responsive to the needs of its pubic clientele as authori7ed by law. he legislative power to reorgani7e and to abolish officers applies to all offices except only those created by the %onstitution itself. Q. Wh* a,en$ies d% we have administrative

!. o unclog court dockets <. o meet the growing complexities of modern society =. o help in the regulation of ramified activities of a developing country ?. o entrust agencies in special fields the task with dealing with special problems Basically, it>s for achieving the =2s @ * 3responsiveness5 he most common types of administrative bodies may be classified as follows: 1. Agencies created to function in situations wherein the government is %##erin, s%me ,rat(it* %r s-e$ia! -rivi!e,es 3e.g. -6'6, 6665 2. Agencies set up to function in situations wherein the government is seeking t% $arr* %(t $ertain ,%vernmenta! #(n$ti%ns 3e.g. B', B'*, %6%, B6.5 3. Agencies set up to function in situations wherein the government is -er#%rmin, s%me 2(siness servi$e 3e.g. 8A66, .(*, Bureau of .osts5 4. Agencies set up to function in situations wherein the government is seeking t% re,(!ate 2(siness affected with public interest 3e.g. )ffice of 'nsurance %ommission, .atent )ffice5 5. Agencies set up to function in situations wherein the government is seeking t% ad4(st individ(a! $%ntr%versies because of some strong social policy involved 3e.g. (L*%, %ourt of Agrarian *elations5 6. Agencies set up to function in situations where the government is seeking t% $%nd($t investi,ati%ns and gather evidence for information, recommendation or prosecution of crimes. 3e.g. %4*, (B', .rosecutor>s )ffice5 CHAPTER II: POWER' AD6INI'TRATI7E A8ENCIE' O5

A. Administrative a,en$ies are government bodies charged with administering and implementing particular legislations. 6ome *easons why they are needed: < 1 BA

Q. What is the d%$trine %# se-arati%n %# -%wers

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A. As a rule, the doctrine of separation of powers prohibits the delegation of legislative power, the vesting of judicial officers with non;judicial functions, as well as investing of non;judicial officers with judicial powers. 4)A2B2*, the doctrine of separation of powers is () an iron;clad restriction against de!e,ati%n %# -%wers. he principle has been made to adapt to the growing complexity of modern life. Administrative agencies fall more logically under the executive department. hey are granted by the legislature with administrative, executive, investigatory, legislative, or judicial powers or a combination, as e"$e-ti%ns to the general rule against delegation of power. Administrative agencies have powers which are administrative and sometimes ministerial as well as Cuasi; legislative or Cuasi;judicial. hey have %n!* s($h -%wers as are e"-ress!* ,ranted 2* them 2* !aw and those that are ne$essar* im-!ied in the e"er$ise there%# he two most important powers are 9(asi/!e,is!ative 3enables them to promulgate implanting rules and regulations5 and 9(asi/4(di$ia! 3enable them to interpret and apply regulations5. Q. Is the vest(re %# -%wers !i2era!!* $%nstr(ed A. Yes. 'n determining whether an administrative agency has certain powers, the inCuiry should be from the law itself and the authority given should be liberally construed in the light of the purposes for which it was created and that which is incidentally necessary to full implantation of the legislative intent should be upheld as being germane to the law The -%wers %# administrative a,en$ies are either: !. 2xpress or implied <. &iscretionary and ministerial =. &irectory and mandatory

Q. What are the .inds %# -%wers %# -(2!i$ %##i$ia!s A. .ublic officials possess powers, not rights. here must be a grant of authority, whether e"-ress or im-!ied, to justify any action taken by them. here is no presumption that public officials are empowered to act. here must be a delegation of authority, either express or implied. In the a2sen$e there%#+ the* are dev%id %# -%wer. Q. What d% we mean 2* ministeria! and dis$reti%nar* -%wers A. A ministeria! d(t* is one which is so %L2A* and 6.2%'D'% as to leave no room for the exercise of discretion in its performance. 't is one performed in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to his judgment, upon the act done. A dis$reti%nar* d(t* is that which by its nature reCuires the 2E2*%'62 )D F1&-82( . 't is one where the law imposes a duty upon a public officer and gives him the right to decide how or when the duty shall be performed. Wh* is the distin$ti%n im-%rtant *emediesG 8inisterial duty mandam(s to compel performance &iscretionary duty a petition for $erti%rari for grave abuse of discretion amounting to lack of jurisdiction 3-A&L2F5. N%te: &iscretion entrusted to a public officer may not, as a rule, be delegated. his is because the presumption is that the public officer was chosen because he was deemed fit and competent to exercise that judgment and discretion and unless the power to substitute another in his place is given, he cannot delegate his duties to another. Q. What d% we mean 2* mandatar%* and -ermissive d(ties and -%wers %# -(2!i$ %##i$ia!s A. he law defines whether a function or power vested in an official or administrative

= 1 BA

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agency is mandatory or directory. A mandat%r* stat(te is a statute which commands either positively that something be done or performed in a particular way or negatively that something be not done leaving the person no choice on that matter except to obey. A dire$t%r* stat(te is a statute which is permissive or discretionary in nature and merely outlines the act to be done in such a way that no injury can result from ignoring it or that its purpose can be accomplished in a manner other than that prescribed and substantially the same result obtained. Q. Is the 8%vernment 2%(nd 2* err%rs %# -(2!i$ %##i$ers A. 'n essence, the government can do no wrongG he state authori7es only legal acts by its officers. 1nauthori7ed acts of officials are not acts of the state and action against the officials by one whose rights have been violated by such acts is not a suit against the state within the rule of imm(nit* %# s(it. 6imilarly, an action against a state officer on the ground that while claiming to act for the state, he violates the rights of the plaintiff is not a suit against the 6tate within the constitutional provision that the state may not be sued without its consent. An officer sued in his private capacity for acts done beyond the scope of his authority cannot invoke the doctrine of state immunity from suit. Q. What re,(!arit* is the Pres(m-ti%n %#

A. he .resident is the %hief Administrative )fficer of the -overnment. Administrative power is an adjunct and is designed to complement the effective exercise of executive power vested in the .resident. 't is inherent and can be implied from his executive power. 6ar$%s v. 6an,!a-(s: Although the !"#$ %onstituion imposes limitations on the exercise of specific powers of the .resident, it maintains intact, what is traditionally considered within the scope of executive power. he powers of the .resident cannot be said to be limited only to the specific powers enumerated in the %onstitution. Q. What is the President;s -%wer %# $%ntr%! A. 'e$ti%n <=+ Arti$!e =+ <>?= C%nstit(ti%n: he .resident shall have control of all the executive departments, bureaus and offices. 4e shall ensure that the laws be faithfully executed. he -%wer t% $%ntr%! means the power to alter, modify or nullify or set aside what a subordinate officer had done in the performance of his duties and to substitute his judgment with that of the latter. he power to control implies the right of the .resident to interfere in the exercise of such discretion as may be vested by law in the officers of executive departments, bureaus or offices. Q. What is the D%$trine %# 9(a!i#ied -%!iti$a! a,en$* A. 1nder the doctrine of 9(a!i#ied -%!iti$a! a,en$*, all executive and administrative organi7ations are adjuncts of the 2xecutive &epartment, the heads of the various executive departments are assistants and agents of the %hief 2xecutive except in cases, where the %hief 2xecutive is reCuired by the %onstitution or law to act in person or the exigencies of the situation demand that he act personally. he acts of a department 6ecretary are unless disapproved or reprobate by the .resident are presumed to be acts of the .resident. Q. What are the !imitati%ns President;s $%ntr%! -%wer %n the

A. -overnment officials are presumed to perform their functions with regularity and strong evidence is necessary to rebut the presumption CHAPTER III: POWER O5 CONTROL+ 'UPER7I'ION AND IN7E'TI8ATION PRE'IDENT A' CHIE5 E:ECUTI7E AND AD6INI'TRATI7E O55ICER Q. What is the E"e$(tive -%wer %# the President ? 1 BA

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A. -enerally, the power of control does not include: !. he abolition or creation of an executive office <. he suspension or removal of career executive officials or employees without due process of the law =. 6etting aside, modification, or supplant decisions of Cuasi;judicial agencies on contested cases that have become final pursuant to law or to rules and regulations promulgated to implement the law Q. What is the -%wer %# s(-ervisi%n A. he .resident>s power of control over +all the executive departments, bureaus, and offices, implies that hey may not have the power of control over agencies which are not categori7ed as such. 'n regard to L-1s, the %onstitution provides that +the .resident shall exercise general supervision over all local governments., he %onstitution limits the power to ensure that local officers are administered according to law. he general supervision is exercised by the .resident though the &'L- secretary %ontrol, supervision, and review by other executive officials CONTROL .ower to alter, modify, annul, or set aside what a subordinate had done and to substitute his judgment 'UPER7I'IO N )nly to see to it that subordinate performs his duties according to law RE7IEW *econsiderati on or re; examination to correct acts of subordinate

d5 &etermine priorities in the execution of plans and programs e5 .rescribe standards, guideliens, plans and programs Also, administrative supervision is limited to the authority of the department to: !5 -enerally oversee the operations of such agencies and insure that they are managed with =2s <5 *eCuire submission of reports =5 ake such actions as may be necessary for the proper performance of official functions ?5 *eview and pass upon budget proposals but may not increase or add to them. N%te: he department secretary>s supervision and control over all bureaus and officers under his jurisdiction is limited to the bureaus and officers under him, but does not include atta$hed a,en$ies. Attachment refers to the lateral relationship between the department or its eCuivalent and that the attached agency or corporation for purposes of policy and program coordination. 3e.g. (6), (6%B, .'&6 as attached agencies of (2&A0 .(., BD., BF8. as attached agencies of &'L-5 POWER O5 IN7E'TI8ATION Q. What is the investi,ati%n E"e$(tive -%wer %#

1nder the !"#$ Administrative %ode, supervision and control include only the authority to a5 Act directly whenever a specific function is entrusted by law or regulation to a subordinate b5 &irect the performance of duty0 restrain the commission of acts c5 *eview, approve, reverse, or modify acts and decisions of subordinate officials H 1 BA

A. he .resident has the power to order the conduct of investigation for a number of purposes, such as for all administrative functions, rule;making, adjudication, and for purposes no more specific than illuminating obscure areas to find out what if any thing should be done Evan,e!ista vs. @aren$i%: An administrative agency may be authori7ed to make investigations, not only in proceedings of a legislative or judicial nature, but also in proceedings whose sole purpose is to obtain information upon which future action of a legislative or judicial nature may be taken and may reCuire the attendance of witnesses in proceedings of a purely investigatory nature.

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he .resident>s investigatory power emanates from his power of supervision and control over all executive departments, bureaus and officers, his power of supervision over L-1s, and his power of appointment of president appointees which are $%n#erred 2* the C%nstit(ti%n. he power also comes from powers delegated to him 2* the !e,is!at(re. 'e$ti%n ABC$D+ Revised Administrative C%de: to order, when in his opinion the good of the public service so reCuires, an investigation of any action or conduct of any person in the -overnment service and in connection therewith to designate the official committee or person by whom such investigation shall be conducted.,

Investi,at%r* -%wers %# the Om2(dsman he )ffice of the )mbudsman>s authority to investigate any illegal act or omission of any public officer or employee is broad enough to include the investigation of any crime committed by a public official. he %onstitution and the )mbudsman Act did not intend to confer upon the )mbudsman veto or revisory power over an exercise of judgment or discretion by an agency or office upon whom the judgment or discretion is lawfully vested.

CHAPTER I7: QUA'I/LE8I'LATI7E POWER Q. Wh% has the !e,is!ative -%wer A. Le,is!ative -%wer is the power to make, alter and repeal laws. 'e$ti%n <+ Arti$!e A+ <>?= C%nstit(ti%n: +the legislative power shall be vested in the %ongress of the .hilippines which shall consist of a 6enate and a 4ouse, except to the extent reserved to the people by the provision on initiative and referendum., Q. What is the d%$trine %# se-arati%n %# -%wers A. he doctrine of separation of powers prohibits the delegation of .1*2L9 L2-'6LA 'B2 power. hese exclusively legislative powers consist generally of what the law shall be, to whom it may be applied or what acts are necessary to effectuate the law is vested in the legislature and may not be delegated. his means that the doctrine of separation of powers does not absolutely prohibit delegation of legislative power. he %onstitution, in fact, makes the delegation of legislative power to the .resident, 6upreme %ourt, and the L-1s Q. H%w is !e,is!ative -%wer de!e,ated t% the President

Investi,at%r* -%wer as main #(n$ti%n An investigatory body with the sole power of investigation does not exercise judicial functions and its power is !imited t% investi,atin, the #a$ts and ma.in, #indin,s in res-e$t theret%. 3e.g. %4*, (B'5 Q. H%w t% determine whether 2%d* is e"er$isin, 4(di$ia! #(n$ti%ns %r mere!* investi,at%r* #(n$ti%ns A. Ad4(di$ati%n signifies the power and authority to adjudicate upon the rights and obligations of the parties before it. 'f the only purpose is to evaluate evidence submitted before it and the agency is not authori7ed to make a final pronouncement, then it is merely investi,at%r*. Carin% vs. CHR: + he most that may be conceded to the %ommission in the way of adjudicative power is that it may investigate. But fact;finding is not adjudication and cannot be likened to the judicial function of a court of justice, or even a Cuasi;judicial agency or official. he function of receiving evidence and ascertaining therefrom the facts of a controversy is not a judicial function, properly speaking., I 1 BA

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A. 'e$ti%ns EFCED+ Arti$!e A+ <>?= C%nstit(ti%n: 'n times of war or other national emergency, the %ongress may, by law, authori7e the president, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. 1nless sooner withdrawn by resolution of the %ongress, such powers shall cease upon the next adjournment thereof., 'e$ti%n E?CED+ Arti$!e A+ <>?= C%nstit(ti%n: + he %ongress may, by law, authori7e the .resident to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export Cuotas, tonnage and wharfage dues and other duties or imposts within the framework of the national development program of the -overnment., <>?= Administrative C%de also delegates to the .resident certain ordinance powers in the form of presidential issuances Q. What are Presidentia! iss(an$es A. Presidentia! iss(an$es are those which the .resident issues in the exercise of his ordinance power which includes: executive orders, administrative orders, proclamations, memorandum orders, memorandum circulars, and general or special orders. Im-%rtant: As a general rule, these issuances have the force and effect of laws. E"e$(tive Orders Acts of the .resident providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers. Acts of the .resident which relate to particular aspects of governmental operations Acts of the .resident fixing a date or declaring a statute or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend Acts of the .resident on

%rders

6em%rand(m $ir$(!ars

8enera! s-e$i#i$ %rders

%r

matters of administrative detail or of subordinate or tempory interest which only concern a particular officer or office of the -overnment Acts of the .resident on matters relating to internal administration which the .resident desires to bring to the attention of all departments for compliance Acts and commands of the .resident in his capacity as %ommander;in;%hief of the AD..

Q. What is the -%wer %# the '(-reme C%(rt A. 'e$ GCGD+ Arti$!e ?+ C%nstit(ti%n: +promulgate rules concerning the protection and enforcement of constitutional rights, pleadings, practice and procedure in all courts, the admission to the practice of law, the 'ntegrated Bar, and legal assistance to the underprivilegedJ, %omplemented by 'e$ti%n FH+ Arti$!e A+ <>?= C%nstit(ti%n: +(o law shall be passed increasing the appellate jurisdiction of the 6upreme %ourt as provided in this %onstitution without its advice and concurrence., Q. Can there 2e !e,is!ative -%wer ,%vernments a de!e,ati%n %# t% the !%$a!

Administrativ e Orders Pr%$!amati%n s

A. 'e$ti%n G+ Arti$!e <H+ <>?= C%nstit(ti%n: +the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the %ongress may provide, consistent with the basic policy of local autonomy, 'e$ti%n B?+ L8C: +Local legislative power shall be exercised by the sangguniang panlalawigan for the province0 the sangguniang panlungsod for the city0 the sangguniang bayan for the municipality and the sangguniang barangay for the barangay., Q. What d% we mean 2* R(!e/ma.in, -%wer

6em%rand(m $ 1 BA

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A. he term +r(!e, means any administrative agency statement of general applicability that implements or interprets a law, fixed and describes the procedures in, or practice reCuirements of, an agency, not affecting the rights of, or procedure available to the public. R(!e/ma.in, means an agency process for the formulation, amendment, or repeal of a rule. R(!e/ma.in, %# administrative a,en$ies refers to the power to issue rules and regulations which result from delegated legislation in the administrative level. Im-%rtant: *ules and regulations promulgated in pursuance of the authority conferred upon the administrative agency by law, partake of the nature of a stature. hey have the D)*%2 and 2DD2% )D LAA. Distin,(ished #r%m 9(asi/4(di$ia! -%wer R(!e/ma.in, %r 9(asi/!e,is!ative -%wer operates in the D1 1*2, rather than on past transactions and circumstances and -2(2*ALL9, rather than particularly. hey are of -2(2*AL A..L'%AB'L' 9. Q(asi/4(di$ia! -%wer %r ad4(di$ati%n means &2 2*8'(A ')( )D *'-4 6, .*'B'L2-26 A(& &1 '26 by an administrative agency resulting in a decision or order which applies to 6.2%'D'% 6' 1A ')(6 or to 6.2%'D'% .2*6)(6. hey are based on .*262( or .A6 DA% 6. 'mart C%mm(ni$ati%ns vs. NTC: Q(asi/ !e,is!ative %r r(!e/ma.in, -%wer is the power to make rules and regulations which results in delegated legislation that is within the confines of the granting statute and the doctrine of non;delegability and separability of powers. Q(asi/4(di$ia! %r administrative ad4(di$at%r* -%wer is the power to hear and determine Cuestions of fact to which the legislative policy is to apply and to decide in accordance with the standards laid down by the law itself in enforcing and administering the same law. Q. What is the ri,ht t% n%ti$e and hearin, # 1 BA

A. Centra! )an. %# the Phi!i--ines vs. C!%ri2e!: +As a general rule, notice and hearing are not essential to the validity of administrative action where the administrative body acts in the exercise of executive, administrative, or legislative functions0 but where a public administrative body acts in a judicial or Cuasi;judicial matter, and its acts are particular and immediate rather than general and prospective, the person whose rights or property may be affected by the action is entitled to notice and hearing., Q. What are the &inds %# r(!e/ma.in, -%wer A. here are = types of rule;making powers of administrative agencies: (1) R(!e/ma.in, 2* reas%n %# -arti$(!ar de!e,ati%n %# a(th%rit* / power to issue rules and regulations which have the force and effect of law (2) R(!e/ma.in, 2* the $%nstr($ti%n and inter-retati%n %# a stat(te 2ein, administered / power of administrative agencies to interpret and construe the statutes entrusted to them for implementation. he interpretation here is of three kinds: a. 'nterpretation as incident of the execution of law b. 'nterpretation handed down by the 6ecretary of Fustice upon reCuest of a government agency or official c. 'nterpretation in adversary proceedings (3) Determinati%n %# #a$ts (nder a de!e,ated -%wer as t% whi$h a stat(te sha!! ,% int% e##e$t / refers to the ascertainment of facts which will form the basis for the enforcement of a statute. Q. H%w is !e,is!ative -%wer de!e,ated A. De!e,ati%n %# Le,is!ative -%wer 0 refers to the grant of authority by the legislative to administrative agencies to issue rule and regulations concerning how the law entrstued to them for implementation may be enforced. his delegated authority to issue rules and regulations to carry out the

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provisions of the statute is called the -%wer %# s(2%rdinate !e,is!ati%n. Q. What are the reas%ns #%r de!e,ati%n A. Reas%ns #%r de!e,ati%n: increasing complexity of the task of government and the growing inability of the legislature to cope directly with the myriad problems demanding its attention. Q. What $ann%t 2e de!e,ated A. o reiterate: he doctrine of separation of powers prohibits the delegation of that which is .1*2L9 L2-'6LA 'B2 3the power to make the law, to determine the purpose and its limits and to alter or repeal it5. Q. What $an 2e de!e,ated A. Anything not purely legislative. 't can delegate how the law shall be enforced, to issue rules to fill in details, to ascertain facts on which the law will operate, to exercise police power, and to fix rates. o be valid however, the delegation has to pass the $%m-!eteness test and the s(##i$ient standard test:

dignity, public interest, public welfare, law and order, justice and eCuity, public safety, greater national interest, protection of local consumers by stabili7ing domestic pump rates, promoting simplicity, economy and efficiency in government and fair and eCuitable employment practices. Ahether a standard is sufficient or adeCuate depends upon the nature of the statute involved, the issues raised and the facts obtaining. Q. Can the standard #i"ed 2e en!ar,ed %r restri$ted A. N%. Ahere the law sets the standards by which the delegate may exercise the dlegated power, the executive or administrative agency concerned cannot add thereto and justify the exercise of the delegated power on the basis of all such enlarged standards. Tatad vs. 'e$. %# DOE: wo factors shall only be considered by the &)2 in deregulating the downstream oil industry: 3!5 declining oil prices and 3<5 stable exchange rate. &)2 failed to follow the standards set by law when it considered the extraneous fact of depletion of the ).6D fund. Q. When is a standard ins(##i$ient A. A statute which prescribes no or inadeCuate standards for the exercise of a delegated legislative power and the rules issued by an administrative agency to implement the law are (1LL A(& B)'&. Yn%t vs. IAC: he 2) 3which prohibits transport of carabos from one province to another5 provides that the sei7ed carabao shall be distributed to charitable institutionsas the %hairman of the (ational 8eat 'nspection %ommission may see fit in the case of carabeef and to farmers as the &irector of Animal 'ndustry may see fit in the case of carabaos. he phrase +may see fit, is an insufficient standard. Q. When d% r(!es ta.e e##e$t

(a) C%m-!eteness test / the law must be

complete in all its terms and conditions when it leaves the legislative such that when it reaches the delegate the only thing he will have to do is to enforce it. '(##i$ient 'tandard Test / there must be adeCuate guidelines or limitations in the law to map out the boundaries of the delegate>s authority and prevent the delegation from running riot. he standard may be e"-ress C$an 2e #%(nd in the stat(teD or im-!ied Cma* inhere in its s(24e$t matter %r -(r-%seD. he standard must be reasonably adeCuate, sufficient and definite of the guidance of the administrative agency in the exercise of the power and also sufficient to enable those affected to know their rights and obligations E"am-!es %# standards he!d as ade9(ate: 6implicity and

(b)

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A. 'e$ti%n E %# the Civi! C%de+ as amended 2* 'e$ti%n <?+ )%%. I %# the <>?= Administrative C%de+ provides that: +Laws shall take effect after !H days following the completion of their publication in the )or in a newspaper of general circulation, unless it is otherwise provided, 3+otherwise provided, means a shorter or longer period may be fixed by law from publication5 Apart from publication, it is a!s% re9(ired that the r(!es and re,(!ati%ns 2e #i!ed with the UP Law Center 3%hapter <, Book B'', !"#$ Administrative %ode5 Q. What d% we mean 2* De!e,ati%n t% as$ertain #a$ts A. his refers to the power of the administrative agency to determine some fact or state of things upon which the law makes or intends to make, its own action depend or the law may provide that it shall become operative only upon the contingency of some certain fact or event, the ascertainment of which is left to an administrative agency. %ongress may delegate to an administrative agency the power to ascertain facts as basis to determine when a law may take into effect of whether a law may be suspended or come to an end, in accordance with the purpose or policy of the law and the standard for the exercise of the power delegated. his is not delegation of what the law shall be, B1 how the law will be enforced, which is permissible. E"am-!e %# va!id de!e,ati%n t% as$ertain #a$ts: Tatad vs. Sec. of DOE 3may deregulate provided there is a state of declining oil prices and stable exchange rate5 E"am-!e %# inva!id de!e,ati%n: People vs. Vera 3on probation law, the law left to the provincial board when the law would take effect and not the ascertainment of facts which the enforcement of the law would depend upon5

Q. What is the r(!e %n -r%hi2iti%n a,ainst re/de!e,ati%n Are there e"$e-ti%ns A. The ,enera! r(!e is that what has been delegated cannot be delegated 3*eason: trust reposed in the delegate5. E"$e-ti%n: 4e may subdelegate a particular function and seek the aid of subordinates E"$e-ti%n t% the E"$e-ti%n: 2xpress provisions of the law or by implication subdelegation is withheld. Q. H%w is rate/#i"in, -%wer de!e,ated A. he legislature usually delegates its rate; fixing power to administrative agencies for the latter to fix the rates which public utility companies may charge the public. his function is performed either by 3!5 issuing rules and regulations in the exercise of their Cuasi;legislative power or 3<5 issuing orders affecting a specified person in the exercise of its Cuasi;judicial power. he only standard for the guidance of the administrative authority in the exercise of rate;fixing power is that the rate be reas%na2!e and 4(st. Q. When is rate/#i"in, 9(asi/!e,is!ative and when is it 9(asi/4(di$ia! Q(asi/!e,is!ative Ahen the rules and or rates laid down by an administrative agency are meant to apply to ALL enterprises of a given kind throughout the country (otice and hearing are not reCuired Q(asi/4(di$ia! Ahen the rules and the rates imposed apply exclusively to a .A* '%1LA* party based upon a finding of fact (otice and are reCuired hearing

Q. What is the r(!e %n the de!e,ati%n %# the -%wer t% #i" rates A. he general rule is that the power delegated to an administrative agency to fix rates cannot be delegated to another. E"$e-ti%n: if the law authori7es it Q. What is C%ntem-%rar* C%nstr($ti%n

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A. here is a &'6 '(% ')( between an administrative r(!e %r re,(!ati%n and an administrative interpretation of a law whose enforcement is entrusted to an administrative body. Administrative R(!eIRe,(!ati%n 'n the exercise of its rule;making power 4as the force and effect of a valid law Binding on courts Administrative Inter-retati%n 8erely interprets the law .ersuasive only0 advisory (ot binding on courts

government. he rule is that they are entitled to consideration and the highest respect from the courts especially when such interpretation is long continued and uniform or is contemporaneous with the workings of the statute. Q. What is the reas%n A. Reas%n: because it comes from the particular branch of government called upon to implement the law0 the need for certainty and predictability in law0 their competence, expertness, experience and informed judgment. Q. Can the !e,is!at(re ma*+ 2* a$ti%n %r ina$ti%n+ a--r%ve %r rati#* s($h $%ntem-%rane%(s $%nstr($ti%n A. Yes. he legislature may, by action or inaction, approve or ratify such contemporaneous construction. Action: when it reenacts a statute previously given a contemporaneous construction0 appropriation of money for the officer designated to perform a task pursuant to an interpretation of the statute. Inaction: where the legislature has knowledge of the construction and did not repudiate it, its silence is acCuiescence eCuivalent to consent to continue the practice. Q. When is $%ntem-%rane%(s $%nstr($ti%n disre,arded A. he contemporaneous construction of a statute is neither binding nor controlling upon the court, the duty and power to interpret the law being primarily a judicial function. he court may disregard contemporaneous construction where 3!5 there is no ambiguity in the law, 3<5 where the construction is clearly erroneous, 3=5 where strong reason the contrary exists and 3?5 where the court has previously given the statute a different interpretation. Q. D% err%ne%(s $%nstr($ti%n $reates ri,hts

C%ntem-%rane%(s C%nstr($ti%n is the construction placed upon the statute by an executive or administrative officer called upon to execute or administer such statute. Q. What are the three t*-es %# e"e$(tive inter-retati%n %# the !aw !. %onstruction by an executive or administrative officer directly called to implement the law <. %onstruction by the 6ecretary of Fustice in his capacity as chief legal adviser of the government =. %onstruction handed down in an adversary proceeding in the form of a ruling by an executive officer exercising Cuasi;judicial power. Q. What is the 5%rm %# Inter-retati%n A. 8ay take many forms 3e.g. circulars, rules, opinions, directives5. %omprehended under the term +administrative -ra$ti$e., his includes any formal or informal act of the administrative agency by which it construes, interprets or applies the law. Q. Is -(2!i$ati%n is re9(ired A. N% Q. What is the wei,ht a$$%rded $%ntem-%rane%(s $%nstr($ti%n t%

A. 'n the absence of a previous judicial interpretation of a statute by the 6%, courts will accord weight to construction by administrative or executive departments of !! 1 BA

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A. he general rule is that an erroneous construction creates no vested right on the part of those who relied upon, and followed such construction E"$e-ti%n: in the interest of justice and fair play 3e.g. tax cases where an interpretative circular is rendered and a taxpayer faithfully complies. he taxpayer may not be reCuired to pay additional tax during the period said circular had not been rescinded by a subseCuent circular correcting erroneous interpretation5 CHAPTER 7: QUA'I/@UDICIAL POWER Q. What is a 9(asi/4(di$ia! -%wer A. Q(asi/4(di$ia! / term applied to the actions or discretions of public administrative officers or bodies reCuired to investigate facts, or ascertain the existence of facts, hold hearings, and draw conclusions from them as a basis for their official action, and to exercise discretion of a judicial nature. his definition includes an official exercising Cuasi; judicial function shot of that of a judge 3e.g. public prosecutor5 Q. H%w d% *%( determine whether a$t is 4(di$ia! %r 9(asi/4(di$ia!L A. Look at the nature of the act to be performed rather than of the office, board, or body which performs it. 't is not essential that proceedings are judicial in the senses of the word when applied to courts of justice. 't is enough that the officers act judicially in making their decisions. Q. )e#%re a tri2(na!+ 2%ard %r %##i$er ma* e"er$ise 4(di$ia! %r 9(asi/4(di$ia! a$ts+ what are ne$essar* A. 't is necessary that 3!5 there 2e a !aw that gives rise to some specific rights of persons or property under which adverse claims to such rights are made, and 3<5 the controversy ensuing therefrom is 2r%(,ht 2e#%re the tri2(na!+ 2%ard %r %##i$er $!%thed with -%wer and a(th%rit* to determine what the law is and thereupon adjudicate the respective rights of contending parties. !< 1 BA

Q. What is a Q(asi/4(di$ia! ad4(di$ati%n A. he resolution of controversies is the raison d>etre of courts. his is accomplished by: !. Ascertainment of all the material and relevant facts from the pleadings and from the evidence adduced by the parties <. By the application of the thereto to the end that the controversy may be settled authoritatively, definitely and finally he function reCuires: !. .reviously established rules and principles <. %oncrete facts, whether past or present, affecting determinate individuals =. &ecision as to whether these facts are governed by the rules and principles. Q. What is ad4(di$ati%n A. Ad4(di$ati%n means an agency process for formulation of a final order, which presupposes compliance with such reCuirements before such final order is issued. Q. H%w d% *%( distin,(ish ad4(di$ati%n #r%m administrative and 9(asi/ !e,is!ative #(n$ti%ns A. Distin,(ished #(n$ti%n #r%m administrative

Administrative 2%d* / tasked to ascertain facts, determine whether certain conclusions may be drawn therefrom by applying the law on the subject 3e.g. determination of probable cause5 An administrative 2%d* is n%t ne$essari!* a 9(asi/4(di$ia! tri2(na! because it lacks the second part of what composes a Cuasi;judicial function: the application of the law to the end that the controversy may be settled which after the lapse of time, becomes executor and making the principle of res judicata applicable

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Distin,(ished 9(asi/!e,is!ative #(n$ti%ns

#r%m

copy of the award or decision by the parties. @URI'DICTION

Muasi;judicial &etermination of rights, privileges and duties resulting in a decision or order affecting and named (otice hearing *emedy: file with the %ourt of Appeals via *ule ?=

Muasi;Legislative covers rules and regulations of general applicability issued by the administrative body not to (otice and hearing filed with the * %: )rdinary action of injunction,

Q. What is the de#initi%n %# 4(risdi$ti%n A. Derived #r%m tw% Latin w%rds / +juris, and +dico, / +' speak by the law,

Q. What are the reas%ns #%r $reati%n %# 9(asi/4(di$ia! a,en$ies A. %reated due to the need for active intervention of administrative agencies in matters calling for technical knowledge and speed in countless controversies which cannot possibly be handled by regular courts. o unclog the dockets of the court to to enable it to decide more cases falling within its jurisdiction Q. What is Ar2itrati%n A. Ar2itrati%n / is the reference of a dispute to an impartial third person for determination on the basis of evidence and arguments presented by the parties who have bound themselves to accept the decision. a5 Voluntary / referral of a dispute by the parties pursuant to a voluntary arbitration clause or agreement to an impartial third person or panel for a final resolution. b5 Involuntary / compelled by the government to accept the resolution of the dispute through the arbitration of a third party E"am-!e: 'n labor cases, voluntary arbitrators have original jurisdiction over the interpretation or implementation of the collective bargaining agreement and the interpretation or enforcement of company policies, as well as, upon agreement of the parties, over other labor disputes0 8akes the award or decision which becomes final after a certain period from receipt of the != 1 BA

.ower or capacity conferred by the %onstitution or by law to a court or tribunal to entertain, hear and determine certain controversies, and render judgment thereon &etermined by the statute in force at the time of commencement of the action @(risdi$ti%n %ver s(24e$t matter / nature of the cause of action and of the relief sought @(risdi$ti%n %ver the -ers%n %# -etiti%ner I -!ainti## / acCuired by filing the initiatory pleading and paying the reCuired docket N filing fees @(risdi$ti%n %ver the -ers%n %# res-%ndent I de#endant / acCuired by the service of summons or by his voluntary submission to the authority of the court or tribunal Q. R(!es are s(24e$t t% wh%se re,(!ati%n A. '(-reme C%(rt. All procedural rules, whether issued by Cuasi;judicial agencies or embodied in statutes enacted by %ongress, are subject to alteration or modification by the 6upreme %ourt in the exercise of its constitutional rule;making power. Q. What is a re9(irement t% ass(me 4(risdi$ti%n %ver a $ase A. A 4(sti$ia2!e $%ntr%vers* Aould reCuire an assertion of a right of a proper party against who, in turn, contests it. 't is one substituted by and against parties having interest in the subject matter appropriate for judicial determination predicated on a given state of facts. hat controversy must be raised by the party entitled to maintain the action.

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Q. H%w are -r%$eedin,s instit(ted A. he proceedings are instituted by the D'L'(- )D A %)8.LA'( )* .2 ' ')( which alleges the facts and the reliefs sought. Ahere applicable, the complaint must be verified with the use of an affidavit attesting to the contents therein are true and correct to his knowledge and belief. 6ince the rule against forum; shopping applies to Cuasi; judicial agencies, the complaint should also contain a certification under oath that complainant: a5 has not filed any claim involving the same issues in any other court b5 if filed elsewhere, the present status thereof c5 if he thereafter learns that the same action has been filedNpending, shall report such fact within H days. Q. What is #%r(m sh%--in, A. Dorum 6hopping is the improper practice of: a5 -oing from one court to another in the hope of securing favorable relief in one court which another court has denied b5 he filing of repetitious suits in different courts concerning substantially the same subject matter. Q. H%w t% test whether a -art* has vi%!ated the r(!e a,ainst #%r(m sh%--in, A. here is forum shopping when: 6ame cause of action 6ame issues 6ame parties 6ame subject matter Diled in two different foraNcourts Q. What are the r(!es %n s(2-%ena and $%ntem-t %# $%(rt A. !? 1 BA

8R: Ahen authority is conferred by law upon an administrative officer or any non; judicial person, committee or other body to take testimony or evidence, such authority '(%L1&26 the power to issue subpoena and subpoena duces tecum and to punish for contempt violation thereof '(2-%ena is a process directed to a person reCuiring him to attend and testify at the hearing or trial of the action or at any investigation. '(2-%ena duces tecum is an order to produce specified documents, which are relevant and material to the issue. he subpoena meets the reCuirements for enforcement 'D: o he inCuiry is within the authority of the agency o he demand is not too definite o 'nformation is reasonably relevant 6ubpoena, subpoena duces tecum and contempt are only available for exercise by the administrative agency in its exercise of Cuasi;judicial power and not its administrative or ministerial functions. Q. What is the hierar$h* %# eviden$e va!(es A. !. Pr%%# 2e*%nd reas%na2!e d%(2t / 3criminal cases5 the logical result of evidence on record, exclusive of any other consideration, or moral certainty or that degree of proof which produces conviction in an unprejudiced mind <. C!ear and $%nvin$in, / degree of proof which will produce in mind of trier of facts a firm belief or conviction as to the allegations sought to be established =. Pre-%nderan$e %# eviden$e / 3civil cases5 evidence which is of greater weight or more

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convincing than that which is offered in opposition to ?. '(2stantia! eviden$e 3administrative proceeding5 evidence as a reasonable mind might accept as adeCuate to support a conclusion. Less than preponderance. 61B6 A( 'AL 2B'&2(%2 is reCuired to support a decision in a contested case in an administrative proceeding. Q. What are r(!es %n de!e,ati%n A. De!e,ati%n %# 9(asi/4(di$ia! -%wer 8R: he power conferred upon an administrative agency to issue rules and regulations necessary to carry out its functions has been held to be an adeCuate source of authority to delegate a particular function E"$e-ti%n: unless by express provision of the law or by implication it has been withheld. DUE PROCE'' IN QUA'I/ @UDICIAL PROCEEDIN8' Q. What are tw% $%n$e-ts %# D(e -r%$ess in Q(asi/ 4(di$ia! -r%$eedin,s A. -enerally, due process consists of two concepts: a5 '(2stantive / is responsiveness to the supremacy of reason, obedience to the dictates of justice or otherwise put, freedom from arbitrariness, which reCuires that the law itself is fair, reasonable and just. b5 Pr%$ed(ra! / involves notice and hearing, which refers to the method or manner by which the law is enforced, as well as the guarantee of being heard by an impartial and competent tribunal. Q. What are the Cardina! re9(irements %# d(e -r%$ess A. !H 1 BA -rimar*

!. *ight to a hearing which includes the right to present one>s case and submit evidence in support thereof <. he tribunal must consider the evidence presented =. he decision must have something to support itself ?. he evidence must be substantial H. he decision must be based on the evidence presented I. he tribunal or body of any of its judges must be independent $. he body should in all controversial Cuestions, render its decision in such manner that the parties to the proceeding can know the various issues involved, and the reason for the decision rendered. #. he officer or tribunal who are impartial and with competent jurisdiction Q. When are Pri%r n%ti$e and hearin, re9(ired A. 8R: .rior notice and hearing necessary only where the law reCuires. are

When is -ri%r n%ti$e and hearin, n%t re9(ired: 'n the exercise of police power 1(L266 the applicable law provides 3ex. Abatement of a public nuisance, no need for proceeding or prior notice or hearing5 AL6) in cases: o Ahen there is an urgent need for immediate action 3e.g. preventive suspension5 o Ahere there is tentativeness of administrative action where respondent is not precluded from enjoying the right to notice and hearing at a later time 3e.g. levy of property of a delinCuent tax payer5 o Ahen the twin rights have previously been offered but the right to exercise them had not been claimed. N%ti$e is a minim(m re9(irement in s(mmar* dismissa! 3e.g. summary dismissal proceedings against erring police officers5

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Q. When is an instan$e where there is n% denia! %# d(e -r%$ess A. A party who has been notified of the hearing B1 failed to attend the same or refrained from participating in the agency proceedings cannot complain that he has been denied due process. Q. Where sh%(!d de$isi%n 2e 2ased A. '(2stantia! eviden$e ; Another cardinal reCuirement of due process in administrative adjudication is that the decision must be rendered on the evidence presented at the hearing or at least contained in the record and disclosed to the parties affected. Absent such substantial evidence, the decision is B)'&. Q. Is ri,ht t% $%(nse! a d(e -r%$ess re9(irement A. N% Lumiqued v. E evea! Ahile investigations conducted by an administrative body may at times be akin to a criminal proceeding, the fact remains that under existing laws, a party in an administrative inCuiry may or may not be assisted by counsel, irrespective of the nature of the charges and of the respondent>s capacity to represent himself and no duty rests on such a body to furnish the person being investigated with a counsel. DECI'ION+ APPEAL AND @UDICIAL RE7IEW Q. What is the Peri%d t% render de$isi%n A. 6ection !?, Book $, !"#$ Administrative %ode: +agency shall decide each case within =K days following its submission., A case is deemed submitted for decision after both parties shall have concluded presentation of their evidence or upon the filing of their respective memoranda, if reCuired or if they ask and the same is granted.

he time provision of =K days construed as &'*2% )*9, not mandatory, that the failure to decide the case within =K days does not deprive it jurisdiction to thereafter resolve nor render such decision invalid

is so of it

*eason: less injury results to the general public in disregarding than enforcing the letter of the law and to rule otherwise will be to make Cuasi;judicial agencies refuse to render judgment merely on the ground of having failed to reach decision within the prescribed period. But failure to decide case within said period may render Cuasi;judicial officer administratively liable. Q. 'h%(!d de$isi%n 2e -(2!ished A. 2very agency shall publish and make available for public inspection all decisions or final orders in the adjudication of contested cases. Q. Are #ina! de$isi%ns reviewa2!e A. N%. A final resolution or decision of an administrative agency binds the parties and also the )ffice of the .resident 3).5 even if such agency is under its administrative supervision and control. Ahat had already been terminated should not be disturbed. 'e$ti%n =+ Administrative Order <? : &ecisions, resolutions, orders of the ). shall, except as otherwise provided for by special laws, become final after the lapse of !H days from receipt of a copy thereof by the parties unless a motion for reconsideration thereof is filed within such period. Ahen the decision of the ). has become final and executor pursuant to its rule of procedure, it can no longer change or modify its decision. Q. What is Administrative Review A. Review / is a reconsideration or re;examination of a decision or ruling of a subordinate officer by

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a superior officer or higher administrative agency. The -%wer %# review is e"er$ised t% determine whether it is ne$essar* t% $%rre$t the a$ts %# a s(2%rdinate and t% see t% it that he -er#%rms his d(ties in a$$%rdan$e with !aw . his power must be exercised sparingly and only upon clear showing of error: o 8R: 2vidence not formally submitted during the hearing of an administrative agency may not be submitted for the first time, on appeal, and the reviewing administrative body may not consider it. o E"e$e-ti%n: Ahen an issue is not raised before the lower administrative agency and evidence on connection was not presented B1 which issue was resolved by the latter in its decision. Q. What is the -res(m-ti%n %# !e,a!it* #%r a,en$ies A. he legal presumption that official duty has been duly performed is strong as regards acts of Cuasi; judicial agencies in connection with the enforcement of laws affecting particular fields of activity, proper regulation of which reCuires special training, aside from good knowledge and grasp of conditions relevant to said field. Q. D%es res 4(di$ata a--!* in n%n/$%(rt -r%$eedin,s A. Yes. he doctrine of res judicata applies to judicial or Cuasi ; judicial proceedings 3not to the exercise of administrative powers5. he doctrine applies to decisions or orders of administrative agencies that have become final. 6uch decisions or orders are %)(%L16'B2 upon the rights of the affected parties as thought the same had been rendered by a court of general jurisdiction. Q. When is res 4(di$ata disre,arded A. !$ 1 BA

!. Ahen there are supervening events which make it imperative in the higher interest of justice to modify said judgment especially if no private individual will be prejudiced by overturning the final judgment. <. Ahere res judicata has been waived or has not been timely raised as a defense =. Ahere the application of the principle under the particular facts obtaining would amount to a denial of justice Q. D% a,en$ies have -%wer t% iss(e writ %# e"e$(ti%n t% en#%r$e 4(d,ment A. Yes. "SIS vs. #S#: + he authority to decide cases is inutile unless accompanied by the authority to see that what has been decided is carried out. 4ence, the grant to a tribunal or agency of adjudicatory power or the authority to hear and adjudge cases should normally and logically be deemed to include the grant of authority to enforce or execute the judgments it thus renders, unless the law otherwise provides., 'n short, unless the law otherwise provides, the agency promulgating the decision has the implied power to issue a writ of execution to enforce its decision. Q. What is the Nat(re and '$%-e %# the d%$trine %# -rimar* 4(risdi$ti%n A. 't reCuires that a plaintiff should first seek relief in an administrative proceeding before he seeks a remedy in court, even though the matter is properly presented in the court, which is within its jurisdiction. he court cannot or will not determine a controversy involving a Cuestion within the jurisdiction of an administrative tribunal: !. where the Cuestion demands administrative determination reCuiring special knowledge, experience, and services of the administrative tribunal

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<. where the Cuestion reCuires determination of technical and intricate issues of fact and =. where uniformity of ruling is essential to comply with the purposes of the regulatory statute administered. 'n cases where doctrine of primary jurisdiction is clearly applicable, the court cannot arrogate unto itself the authority to resolve a controversy, the jurisdiction over which its initially lodged with an administrative body of special competence. Q. H%w d% *%( distin,(ish it #r%m e"ha(sti%n %# administrative remedies A. he exhaustion of administrative remedies applies where a claim is cogni7able in the first instance by the administrative agency alone, judicial interference being withheld until the administrative process has run its course and the agency action is ripe for review while doctrine of primary jurisdiction applies where a claim is originally cogni7able in courts, the judicial process being suspended being referral of certain issues to the administrative agency fir its views. As in the doctrine of exhaustion of administrative remedies, non;compliance with the doctrine of primary jurisdiction is not jurisdictional, and the failure to timely object thereto amounts to a waiver thereof and justifies the court to proceed to conclusion. Q. What is the -(r-%se %# d%$trine %# -rimar* @(risdi$ti%n A. o give the administrative agency the opportunity to decide the controversy by itself but also to prevent unnecessary and premature resort to the court. )ne of the thrusts of the multiplication of administrative agencies is that the interpretation of contracts and the determination of private rights thereunder is no longer a uniCuely judicial function exercisable only by regular courts.

't in turn entails the growing application of the doctrine of primary jurisdiction. he application of the doctrine of primary jurisdiction, however, does not call for the dismissal of the case, it need only be suspended until after the matters within the competence of the administrative agency concerned are threshed out and determined. Q. When d%es d%$trine n%t a--!* A. When the administrative a,en$* has n% 4(risdi$ti%n+ the d%$trine d%es n%t a--!*. 3e.g. he Cuestion of legality of closure of a passage way inside a forest area and the conseCuent damages arising from such closure are issues beyond the competence of the Bureau of Dorest &evelopment to resolve and the order of the trial court reCuiring reference of the issues to said administrative agency is valid. Q. What is the D%$trine %# E"ha(sti%n %# Administrative Remedies A. As a general rule, recourse through court action cannot prosper until all remedies have been exhausted of the administrative level. he aggrieved party must not merely initiate the prescribed administrative procedures to obtain relief but must pursue them to their appropriate conclusion before seeking judicial intervention. Q. What is the e##e$t %# 5ai!(re t% e"ha(st remedies A. 't will deprive the complainant of a cause of action, which is a ground for a motion to dismiss. 'f not invoked at the proper time, this ground is deemed waived and the court can take cogni7ance of the case and try it. Q. What are reas%ns #%r the r(!e A. 't ensures an orderly procedure which fav ors a preliminary shifting process, particularly with respect to matters peculiarly within the competence of the administrative agency, avoidance of the interference with functions of the administrative agency by withholding judicial action until the

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administrative process had run its course, and prevention of attempts to swamp the courts by a resort to them in the first instance. 't rests on the presumption that the administrative agency if afforded a complete chance to pass upon the matter, will decide the same correctly. 'f the error is rectified, judicial intervention would then be unnecessary. 't is intended to provide less expensive Q. What are e"$e-ti%ns t% the r(!e+ ,enera!!* A. -enerally, doctrine of exhaustion of is disregarded 3.aat vs. %ourt5: a5 when there is a violation of due process b5 when the issue involved is purely a legal Cuestion c5 when the administrative action is patently illegal amounting to lack or excess of jurisdiction d5 when there is estoppels on the part of the administrative agency concerned e5 when there is irreparable injury f5 when the respondent is a department secretary whose acts as an alter ego of the .resident hears the implied and assumed approval of the latter g5 when to reCuire exhaustion of administrative remedies would be unreasonable h5 when it would amount to nullification of a claim i5 Ahen the subject matter is a private land in land cases or proceedings j5 Ahen the rule does not provide a plain speedy and adeCuate remedy k5 here are circumstances indicating the urgency of judicial intervention l5 Ahen no administrative review is provided m5 Ahere the rule of Cualified political agency applies, and n5 Ahen the issue of non;exhaustion has been rendered moot. !" 1 BA

N%t a--!i$a2!e where -(2!i$ interest re9(ires immediate $%(rt res%!(ti%n. Arro$ Transpo. #orp. v. %oard of Transportation doctrine of exhaustion of administrative remedies may be overlooked where public interest reCuires immediate resolution of the issue raised. N%t a--!i$a2!e where administrative a$t is a n(!!it*. %e&osa v. #'airman doctrine of exhaustion of administrative remedies does not come into play where the acts of the Cuasi;judicial agency are patently illegal. N%t a--!i$a2!e where administrative remed* is n%t ade9(ate. (arinduque Iron v. Secretary of Pu)lic *or+s and #omm . where the decision of the department secretary is, by law, executor after a certain fixed period, the aggrieved party need not exhaust administrative remedy as an appeal to the .resident will not be sufficient, adeCuate and expeditious to grant him relief as a judicial relief, such as a writ of preliminary injunction. N%t a--!i$a2!e where 4(di$ia! re!ie# is re9(ired t% -revent vi%!en$e. %ueno v. Patano %onsiderations of public order must transcend the administrative issue of conflict of boundaries, and only courts have the weapon to compel the parties temporarily or perpetually by means of injunction, to maintain peace. N%t a--!i$a2!e a--!* where a,en$* a$ted with n% 4(risdi$ti%n. #ontinental mar)le v. ,L-# exhausting is not necessary where the agency acted without jurisdiction or with grave abuse of discretion in taking cogni7ance of a belated appeal from a decision of a lower level administrative body which had become final and thereafter reversing it.

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N%t a--!i$a2!e where there is *et n% administrative %rder. Datiles and #o. v. Sucaldito it is assumed that the administrative body may correct its mistake, may amend its decision, order or act0 and if there is no decision, act or order, final in character, and at issue is whether or not the investigation to be conducted by an administrative officer is within his competence, then a suit for prohibition may lie against said administrative officer. N%t a--!i$a2!e where there is est%--e!. 2stoppel is in the part of the party invoking the doctrine or on the part of the administrative agency concerned, like when it led the aggrieved party to believe that only a court ruling would be accepted by it 3Vda. de Tan v. Veterans Backpay5. N%t a--!i$a2!e where there is (r,en$* %r irre-ara2!e dama,e. Aquino v. Luntok doctrine is not applicable when a writ of preliminary injunction is sought in which the petitioner has shown that there is substantial controversy between the parties and the respondent is committing an act that will cause irreparable injury or destroy the status Cuo before a full hearing can be had on the merits of the case, which relief may not be available in the administrative proceedings. N%t a--!i$a2!e where 9(a!i#ied -%!iti$a! a,en$* d%$trine a--!ies. his is when department secretaries are alter egos of the .resident, therefore, presumed to be acts of the .resident, unless disapproved by the .resident. *ule ?= / appeals to the %A of the decisions or final orders of the )ffice of the .resident 3Cuasi;judicial powers5 is premised that the petitioner had appealed the decision of the department secretary to the )ffice of the .resident. 4owever, if Cualified political agency applies, *ule IH applies where petition is for certiorari for -A&L2F.

N%t a--!i$a2!e where iss(e is -(re!* !e,a!. Appeal to the administrative officer of orders involving Cuestions of law would be an exercise in futility since administrative officers cannot decide such issues with finality0 only the courts can. N%t a--!i$a2!e where administrative remed* is -ermissive. .ermissive means the statute warrants the conclusion that the legislature intended to allow the judicial remedy even though the administrative remedy has not been exhausted. N%t a--!i$a2!e where d%$trine wi!! res(!t in n(!!i#i$ati%n %# $!aim. Also not applicable where the administrative agency has no power to grant the relief sought in civil action, such as the claim for damages. N%t a--!i$a2!e in 9(% warrant% $ases. his is because the remedy of exhaustion are neither prereCuisite to nor bar the institution of Cuo warranto proceedings. Durthermore, .ublic interest reCuires that the right to a public office should be determined as speedily as practicable. N%t a--!i$a2!e where there is n% !aw re9(irin, remedies. 4owever, his action should be a petition for certiorari 3*ule IH5, instead of an appeal by petition for review under *ule ?=. N%t a--!i$a2!e where a,en$* has n% 4(risdi$ti%n. 2xample is where the land in dispute has already been titled as private land 3being previously a public land5, therefore, Bureau of Land does not have jurisdiction anymore because it has jurisdiction only on public lands. CHAPTER 7I

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@UDICIAL RE7IEW+ 8ENERALLY Q. What is 4(di$ia! review A.@(di$ia! Review is the re;examination or determination of an act, rule or decision of an executive, or administrative agency or Cuasi;judicial body, by the courts in the exercise of their judicial power in an appropriate case instituted by a party aggrieved thereby as to whether the Cuestioned act, rule or decision has been validly or invalidly issued or whether the same should be nullified, affirmed, or modified. he %ourts may determine the legality or propriety of the exercise of discretion by the political departments of the government, through Fudicial *eview. Q. What are '(24e$t t% Review A Any A,en$* A$ti%n is subject to judicial review in an appropriate case. A,en$* A$ti%n includes the whole or part of any agency rule, order, license, sanction, relied, or its eCuivalent, or denial thereof. 't may be either: !. N%n/@(di$ia! / %onsists of purely administrative or executive acts and rules and regulations0 or <. Q(asi/@(di$ia! / 'ncludes final orders or decisions rendered by the agency in the exercise of its Cuasi; judicial power. 't is the (ature of the act done that dictates the remedy for judicial recourse.

nature of the Cuestioned act or ruling. Ahere what is Cuestioned is an act performed by an administrative agency in the exercise of purely executive or administrative functions, the judicial remedy, as a general rule, is to file the appropriate court action before the court of general jurisdiction 3*egional rial %ourt50 however, the rule is otherwise when the act complained of forms part of its Cuasi;judicial functions. LI6ITATION' ON @UDICIAL RE7IEW Limitati%ns+ ,enera!!*. .urely Administrative and &iscretionary functions may not be interfered with by the courts. 'n general, courts have no supervising power over the proceedings and actiosn of the administrative departments of the government. Administrative proceedings may be reviewed by the courts upon a showing that the board or official has gone beyond his statutory authority, exercised unconstitutional powers or clearly acted arbitrarily and without regard to his duty or with grave abuse of discretion or that the decision is vitiated by fraud, imposition, or mistake. 2xercise of review power is subject to certain guideposts. Q. What are the -rin$i-!es #%r 4(di$ia! review %# r(!es and re,(!ati%ns A. %ourt is free to make three inCuiries: !. Ahether the rule is within the delegated authority of he administrative agency0 <. Ahether it is reasonable0 and =. Ahether it was issued pursuant to proper procedure. 4owever, the %ourt is not free to substitute its judgment as to the desirability of administrative judgment. court, when

Ahere the law is silent as to whether judicial review is available, the remedies that may be availed of are the special civil actions of certiorari, prohibition, andNor mandamus under *ule IH of the *ules of %ourt. Ahere there is no law, or the statute is silent, the specific remedy to file and where to file it depends on the <! 1 BA

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confronted with an interpretative rule, is free to: !. -ive the force of law to the rule0 <. -o towards the opposite extreme and substitute its judgment0 or =. -ive some intermediate degree of weight to the interpretative rule. Q. Is there 4(di$ia! review %# administrative de$isi%ns+ ,enera!!* A. Administrative and &iscretionary functions may not be interfered with by the courts. -eneral rule is that courts have no supervisory power over the proceedings and actions of the administrative departments of the government. Inter#eren$e with administrative dis$reti%n+ t% 2e av%ided. -enerally, the courts will not interfere in matters which are addressed to the sound discretion of government agencies entrusted with the regulation of activities coming under the special technical knowledge and training of such agencies. 8ar$ia vs. )OI: he %ourt nullified, in this case, nullified the B)' ruling approving the transfer of the petro;chemical plant from Bataan to Batangas and authori7ing the change of feedstock from naphtha only to naphtha andNor L.- as having been issued with grave abuse of discretion, solely on the ground that investor has the final say on the Cuestion. Q. Can there 2e 4(di$ia! inter#eren$e in te$hni$a! matters A. 8enera!!*+ n%. he prohibition dictated by the decree pertains to the issuance by courts of injunction or restraining orders against administrative acts on controversies which involve facts or exercise of discretion in technical cases 3..&. (o. IKH / -rants of %oncession Licenses of any kind in connection with the country>s natural resources0 ..&. (o. !#!# / %ontroversies involving infrastructure << 1 BA

project, or mining, fishery, forest, or other natural resources5, because to allow courts to judge these matters could disturb the smooth functioning of the administrative machinery. Q. Can there 2e 4(di$ia! -residentia! dis$reti%n A. 8enera!!*+ n%. review %#

Dis$reti%n means the power or right conferred upon the officer by a law or acting officially under certain circumstances according to the dictates of his own judgment and conscience and not controlled by the judgment or conscience of others. Llamas vs. Or)os: Ahen the issue involved concerns the validity of the discretionary powers or whether the said powers are within the limits prescribed by the %onstitution, the 6% may exercise its power of judicial review. Political .uestion means a Cuestion of policy. 't refers to those Cuestions which, under the %onstitution, are to be decided by the people in their sovereign capacity, or in regard to which full discretionary authority has been delegated to the executive branch of the government. Q. H%w d% *%( distin,(ish a -etiti%n #%r review and -etiti%n #%r $erti%rari Petiti%n #%r Review / 1nder *ule ?=, it is an ordinary appeal from a final order or decision of a Cuasi; judicial body to the %ourt of Appeals. 'nvolves Muestion of fact, or of law, or a mixture of fact and law. Petiti%n #%r Certi%rari / 1nder *ule IH, it is a special civil action. 'nvolves -A&L2F. Q. H%w is a--ea! ta.en A. Appeal shall be taken by filing a verified petition for review in seven 3$5 legible copies with the %ourt of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a Cuo.

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Q. What is in the $erti#i$ate a,ainst #%r(m sh%--in, A. 't should state that petitioner has not theretofore commenced any other action involving the same issues in the 6upreme %ourt, the %ourt of Appeals, or different divisions thereof, or any other tribunal or agency. 'f there is such other action or proceeding, he must state the status of the same. 'f he should thereafter learn that a similar action or proceeding has been filed or is pending before the 6%, the %A, or, different divisions thereof, he shall promptly inform the aforesaid courts and other tribunal or agency thereof within five 3H5 days therefrom. Q. What is the e##e$t %# 5ai!(re t% $%m-!* with re9(irements. A. 't shall be a sufficient ground for dismissal thereof. 6ubstantial %ompliance with the reCuirements will amount to the petition being given &ue %ourse. Q. What is the r(!e %n s(2stantia! eviden$e r(!e Are #indin,s are ,enera!!* 2indin, A. he %ourt will then decide whether to dismiss petition or give it due course. 'f it decides to dismiss the petition, it is usually in the form of a minute resolution. 'f petition is given due course, the %ourt will render a full; length decision on the merits of the case. 2xecutive decisions are conclusive on Cuestions of fact and not subject to review in the absence of: o Draud o 'mposition o 8istake other than error Q. What are the e"$e-ti%ns s(2stantia! eviden$e r(!e t%

=. 'nference made by the Cuasi;judicial agency from its findings of fact is manifestly mistaken ?. -rave abuse of discretion in the appreciation of facts H. Admin. agency goes beyond issues of the case I. Fudgment of admin. agency / premised on misapprehension of facts $. Admin. agency fails to notice certain relevant facts #. Dinding of facts themselves are conflicting ". Dindings / wNo citation of specific evidence !K. Dindings are premised on absence of evidence / findings contradicted by evidence on record appellant may stay the execution o 2x. 'ssuing a status Cuo order, writ of preliminary injunction PETITION 5OR CERTIORARI+ PROHI)ITION+ AND 6ANDA6U' Q. What is -etiti%n #%r $erti%rari+ ,enera!!* A. *ule IH of *ules of %ourt / mode of judicial review of orders, rulings and decisions of Cuasi;judicial agencies o %ertiorari o .rohibition o 8andamus 6ection ! / petition in case of -A&L2F of tribunalNboardNofficer %ertiorari / special civil action directed against any tribunalNboardNofficer exercising judicial or Cuasi;judicial functions which is alleged in a verified petition to have acted -A&L2F, there being no appeal nor any plain, speedy and adeCuate remedy in the ordinary course of law. o 6ole office of writ of certiorari is correction of errors of jurisdiction including -A&L2F o %orrect errors of jurisdiction and not errors of judgment

!. %onflicting findings of initial fact; finding agency and admin. agency <. Dindings / grounded entirely on speculation, surmises, or conjectures <= 1 BA

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o -ranted to court wNin jurisdiction

keep inferior bounds of

8enera!!*: when lower court has no jurisdiction over subject matter, ordersNdecisions , they may not be corrected by certiorari but by appeal o E"$e-ti%ns: public welfare and the advancement of public policy so dictate broader interest of justice so reCuire writs issued are null and void or amount to an oppressive exercise of judicial authority appeal is satisfactorily shown to be an inadeCuate remedy Q. What is the -(r-%se %# $erti%rari A. annulNmodify Cuestioned actNruling o annul void proceedings o prevent unlawfulNoppressive exercise of legal authority o provide for a fairNorderly administration of justice Q. What are the re9(isites %# $erti%rari A. 't is dire$ted a,ainst a tri2(na!I2%ardI%##i$er e"er$isin, 4(di$ia!I9(asi/4(di$ia! #(n$ti%ns o if admin agency does not exercise Cuasi;judicial power, certiorari does not lie E. the tri2(na!I2%ardI%##i$er has a$ted with%(t %r in e"$ess %# 4(risdi$ti%n %r with ,rave a2(se %# dis$reti%n o will issue only to correct errors of jurisdiction and not errors by court unless -A&L2F o certiorari / corrects errors of jurisdiction o review / corrects errors of judgment F. there is n% a--ea! n%r an* -!ain+ s-eed* and ade9(ate remed* in the %rdinar* $%(rse %# !aw <? 1 BA

o -eneral *ule / when appeal is available as a remedy, certiorari cannot be availed of 2xceptio ns .ublic welfareNadvancem ent or public policy broader interests of justice writsNorders issued O null and void order amounts to an oppressive exercise of judicial authority o -eneral *ule / certiorari cannot be used to substitute lapsed appeal 2xception / when rigid application will result in manifest failure or miscarriage of justice Q. What are e"$e-ti%ns as t% the re9(irement %# m%ti%n #%r re$%nsiderati%n 2e#%re $erti%rari A. !. )rder is a patent nullity / court had no jurisdiction <. Muestions raised have been duly raised and passed upon by the lower court, are the same as those raised before the lower court =. 1rgent necessity for resolution of the Cuestion and any further delay would prejudice interests of gov>tNpetitionerNsubj. matter perishable ?. 8otion for reconsideration useless under the circumstances H. .etitioner deprived of due processNextreme urgency for relief I. 'n criminal case, relief from an order of arrest is urgentNrelief by trial court improbable

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$. .roceedings were ex parteNpetitioner had no opportunity to object #. 'ssue raised is one purely of lawNpublic interest is involved ". Fudicial intervention is urgent !K. Application may cause great and irreparable damage !!. Dailure of a high gov>t official from whom relief is sought to act on the matter !<. 'ssue of non;exhaustion of admin. remedies is moot !=. 6pecial circumstances warrant immediate and more direct action Q. What is a -etiti%n #%r -r%hi2iti%n A.

in any of these instances, no other plain, speedy and inadeCuate remedy in the ordinary course of law.

*ule IH sec. < / -A&L2F, ordered to desist from further proceedings .reventive remedy *estrain the doing of some act to be done *emedy to prevent tribunalNboardNofficer from usurpingNexercising jurisdictionNpower which law did not vest in them Lies against a tribunalNboardNofficer exercising judicial or ministerial functions Q. What is a -etiti%n #%r mandam(s A. *ule IH sec. = / neglect, do act reCuired. Literally means +we command,. 8andamus lies: o Against any tribunal w hich unlawfully neglects the performance of an act which the law specifically enjoins as a duty o 'n case any corporationNboardNperson unlawfully neglects the performance of an act which the law enjoins as a duty resulting from an officeNtrustNstation o 'n case any tribunalNcorpNboardNperson unlawfully excludes another from the use and enjoyment of a right or office to which such is legally entitled

Q. What are the re9(isites #%r mandam(s t% iss(e A. Applicant must have a clear legal right to the thing demanded o *ight must be well defined, clear, and certain o %lear legal right / foundedNgranted by law %orresponding duty of defendant to perform the reCuired act must also be clear and specific 8andamus never issues in doubtful cases Q. What t*-e %# a$t ma* mandam(s $%m-e! a -ers%n t% d% A. 8andamus depends on nature of power conferred upon and reCuired to be performed by public functionaries -enerally: mandamus will lie to compel the doing of a ministerial act o &oes not lie to control discretion &uties and powers of public officers may either be ministerial or discretionary *efusalNneglect of an officer to perform a ministerial act: remedy / mandamus 8andamus not available to control discretion o 8ay issue where there has been unreasonable delay, to compel him to act but not to act one way or the other nor to decide in a particular way or in favor of anyone Q. When are instan$es that 6andam(s ma* n%t !ie A. To compel a course of conduct

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 To compel an official to do anything which is not his duty to do or give the applicant anything to which he isnt entitled y law To compel performance of an act prohi ited y law To require anyone to fulfill contractual o ligations To compel the appointing authority to appoint a particular person to a specific position! though qualified he may e To compel the "ugar #eg. Admin to issue rules and regulations governing the import of sugar! where the law is silent as to the standard of control and regulation of sugar importation. 'nstances when 8andamus may lie $hen a decision of the %"% ordering an employee who had een dismissed to e reinstated and the decision had ecome final To compel payment! where an employee of the L&' is! y law! entitled to retirement enefits. To compel not only the enactment and approval of of the necessary appropriation ordinance! ut also the corresponding payment of municipal funds therefor. Q. 6a* mandam(s !ie t% s%me%ne wh% was (n!aw#(!!* e"$!(ded #r%m %##i$e %r -%siti%n. A. 8andamus will lie, where there is no appeal or plain, speedy, and adeCuate remedy in the ordinary course, commanding the board or person that unlawfully excluded him to reinstate him to such office or right. 4e must show 3!5 he has a clear legal right, and that 3<5 the respondent, without any right, is illegally excluding him therefrom. 8andamus won>t lie to oust the person who occupies a position and exercises its functions, if there are < persons who both claim the position, in this case the remedy is quo warranto 3tests the title to one>s office claimed by another and to oust the holder from <I 1 BA

its enjoyment.5. 8andamus lies only when petitioner>s right is founded clearly upon law, not when it is doubtful. Q. Where t% #i!e mandamus/ A. "% %A ( $hether)*ot it is in aid of its appellate +urisdiction ,-clusively if it involves the acts or omissions of a quasi ( +udicial agency! unless otherwise provided y law or rules. "andigan ayan ( if it is in aid of its appellate +urisdiction #T% .with territorial +urisdiction/ if it relates to acts)omissions of a lower court! corp.! oard! officer)person 8enera! r(!e: Diled not later than IKdays from notice of judgment, order or resolution. (o extentions. E"$e-ti%n: Dor compelling reasons, and not exceeding !H days.

PART II: LAW ON PU)LIC O55ICER CHAPTER <: NATURE AND ELE6ENT' O5 PU)LIC O55ICE Q. H%w is -(2!i$ %##i$e $reated A. .ublic offices are creations of %onstitution and laws. %ongress can delegate power to create positions 32g. 2nactment of re%r,ani3ati%n !aws which authori7es the .resident to create, abolish, or merge offices in the executive departments exercised through appropriate decree or order or by authori7ing executive departments or agencies to do so5. .ublic office are filled up either by appointment, by election, and in some instances by contract or by some other modes authori7ed by law. Q. What is a -(2!i$ %##i$e A. A public office is a -(2!i$ tr(st. 't is a fiduciary relationship between a public officer who is a trustee and the people as beneficiaries of a public office. he public

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officer is the servant of the people, reCuiring (tm%st res-%nsi2i!it*+ inte,rit*+ !%*a!t*+ e##i$ien$*+ #ide!it*+ ,%%d #aith+ and a$$%(nta2i!it* in the discharge of his duties P demands that he takes n% advanta,e of his position for his personal benefit or to the prejudice of the public. A -(2!i$ %##i$e $%n$e-ts: re#ers t% either tw%

with%(t d(e -r%$ess. 't is property in the 2r%ad sense since the right to hold office in$!(des ever*thin, %# -e$(niar* va!(e to its possessor. he right to public office is -r%te$ted by the right to security of tenure guaranteed by the %onstitution. A public office is personal to the public officer and is n%t transmissi2!e t% his heirs upon his death. (o heir may be allowed to continue holding his office in his place. Q. What em-!%*ee is a -(2!i$ %##i$er and

Dunctional unit of government / 't is within the framework of government organi7ation, refers to any ma4%r #(n$ti%na! (nit of a department or bureau including regional office .osition / held by individual whose functions are defined by law or regulation

A. <>?= Administrative C%de -r%vides: )fficer as distinguished from clerk of employee, refers to a person who duties, n%t 2ein, $!eri$a! in nat(re, involves the exercise of discretion in the performance of the functions of the government when used with reference to a person having authority to do a particular act or perform a particular function in the exercise of government power, officer includes any government employee, agent, or body having authority to do so the act or exercise that function. Arti$!e EHF %# the Revised Pena! C%de: Any person, by direct supervision of the law, popular election, or appointment by competent authority, shall take part in the performance of public functions in the *. or shall perform in said govt or for any of its branches public duties as an employee, agent, or subordinate official, of any rank or class. emporary performance of public function is s(##i$ient to constitute a person a public official. Anti 8ra#t and C%rr(-t Pra$ti$es A$t .ublic officer includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service 3non;career or career5, re$eivin, $%m-ensati%n, even nominal, from the government 3L-1, -)%% and all other instrumentalities or agencies of the *.5 C%de %# C%nd($t and Ethi$a! 'tandards %# P(2!i$ O##i$ers

.ublic office is freCuently used to refer as the right, authority, duty, created and conferred by law, by which, for a given period either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some portion of the sovereign functions of government, to be exercised by that individual for the benefit of the public The ri,ht t% h%!d -(2i$ %##i$e (nder %(r -%!iti$a! s*stem is n%t a nat(ra! ri,ht. 't only exists only because and by virtue of some law expressly or impliedly creating and conferring it. here is no s($h thin, as vested ri,ht %r an estate in an %##i$e %r even an absolute right to hold office or accept salary by reason thereof. 4owever, there are exceptions, constitutional offices which provide immunity as regards salary and tenure. Q. Wh* is -(2!i$ %##i$e a -(2!i$ tr(st A. his reCuires that all government officials and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives. Q. Wh* is -(2!i$ %##i$e n%t a -r%-ert* A. 't is not a property right but a -r%te$ted ri,ht. It cannot be taken from its incumbent <$ 1 BA

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.ublic officer includes elective and appointive officials and employees, permanent or temporary, whether in the career or non; career service, including military and police personnel, whether or not they receive compensation, regardless of amount. P!(nder Law )fficer means any person holding any public office in the govt. of the *. by virtue of an appointment, election, or contract 3executed bet. private person and government. Q. Wh% are P(2!i$ O##i$ers A. he broadest classification is into civil 3civilian or civil service5 and military 3those in military uniform5. 't could also be national or local, elective or appointive, offices created by %onstitution or by statutes. 2lective, national officials whose offices created by %onstitution are .resident, B., senators, 8embers of the 4ouse. Appointive whose positions created by %onstitution are the %hief Fustice of the 6%, Associate Fustices, %hairmen P 8embers of the %onst %ommissions, )mbudsman P &eputies. %lassification dictated by the nature of the primary functions of the branch of government to which they belong to the executive, legislative and judiciary. he bulk of the personnel in bureaucracy is composed of civil service officers and employees. hey are a!! appointive officers and employees. .residential appointees are not subject to approval by the %ivil 6ervice %ommission. (on;presidential appointees are subject to approval or attestation by the %ivil 6ervice %ommission. Civi! 'ervi$e Law $!assi#ies them int% n%n/$areer and $areer servi$e !. career service / entrance based on merit and fitness, to be determined as far as practicable by competitive examination, or based on highly technical Cualifications0 opportunity for advancement to higher career positions0 security of tenure

a. open career positions for appointment to wNc prior Cualifications in an appropriate exam is reCuired b. closed career positions wNc are scientific or highly technical in nature 3eg. faculty and academic staff of state colleges and universities0 scientific and technical positions in scientific or research institutions wNc establish their own merit system5 c. positions in the %areer 2xecutive 6ervice: 1ser, Asec, Bureau &irector, Ass. Bureau &irector, *egional &irector, Ass. *egional &irector, %hief of &ept. 6ervice and other officers of eCuivalent rank wNc may be identified by the %areer 2xecutive Board, all of whom are a--%inted 2* the President d. career officers, other than those in the %areer 2xec 6ervice, appointed by the .res 3Doreign 6ervice )fficers5 e. commissioned officers and enlisted men of the Armed Dorces wNc maintain a separate merit system f. personnel of -)%% whether performing governmental or proprietary functions, who do not fall under the non;career service g. permanent laborers, whether skilled, semi; skilled, or unskilled <. non;career service: entrance on bases other than those of the usual test of merit and fitness utili7ed for the career service0 tenure wNc is limited to a period specified by law, or which is coterminous wN that of the appointing authority or subject to his pleasures, or wNc is limited to the duration of a particular project for wNc purpose employment was made. a. elective officials P their personal or confidential staff b. department heads and other officials of %abinet rank who hold positions at the pleasure of the .resident and their personal and confidential staff3s5 c. chairman and members of the commissions and boards wN fixed terms of office and their personal and confidential staff d. contractual personnel or those whose employment in the government is in accordance wN a special contract to undertake a specific work or job, reCuiring special or

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technical skills n%t avai!a2!e in the employing agency, to be accomplished wNin a specified period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility wN a minimum of directions and supervision from the hiring agency e. emergency and seasonal personnel CHAPTER II: APPOINT6ENT O5 PU)LIC O55ICER' Q. What are the a--%intive %##i$ers 9(a!i#i$ati%ns %#

be a natural born citi7en as of birth except for persons born before Fan. !$, !"$= to a Dilipino mother who, upon reaching majority age, elects .hilippine citi7enship and also considered natural born citi7en. 'n a certain case, a Dilipino citi7en who lost his Dilipino citi7enship by naturali7ation abroad may reacCuire his Dilipino citi7enship by filing a petition for repatriation pursuant to .& (o. $<H and upon the approval, his reacCuisition of citi7enship retroacts to date of filing. Q. What are 9(a!i#i$ati%ns %# a--%intive $%nstit(ti%na! %##i$ers A. A--%intive in$!(de: $%nstit(ti%na! %##i$ers

A. -enerally, a public officer to hold a public office, he must possess all the Cualifications and none of the disCualifications prescribed by law for the position at the time of his electionNappointment and during his incumbency. JQ(a!i#i$ati%n #%r %##i$eK means -%ssessin, 9(a!ities %r $ir$(mstan$es whi$h are inherent!* %r !e,a!!* ne$essar* t% render him e!i,i2!e t% #i!! an %##i$e. JT% 2e e!i,i2!eK means !e,a!!* 9(a!i#ied 2* !aw t% h%!d an %##i$eL Jine!i,i2!eK means dis9(a!i#ied. Q. Has the C%n,ress -res$ri2e 9(a!i#i$ati%ns the -%wer t%

A. 9es, %ongress has the power, consistent with the %onstitution, to prescribe Cualifications for appointive or elective positions and define who are disCualified therefrom. 6ince the privilege of holding an office is a valuable one, laws prescribing Cualifications and disCualifications for office should be liberally construed in favor of eligibility. Q. When sh%(!d e!i,i2i!it* e"ist t% 9(a!i#* #%r %##i$e A. The C%nstit(ti%n %r stat(te (s(a!!* #i"es the time when the 9(a!i#i$ati%ns m(st 2e -%ssessed 2* the a--%intee %r e!e$tive $andidate+ e"-ress %r im-!ied. 2xample: A senator must be +a natural born citi7en of the .hilippines, and, on the day of election 3day of election fixed by law is 8ay !!5, is at least =H years of age., 4e must also <" 1 BA

/ Chie# @(sti$e and Ass%$iate @(sti$e %# 'C 8ust be natural born citi7ens 8ust be at least ?H yrs. old 8ust have !H yrs of service as a judge or engaged in practice of law in .hilippines .erson of proven competence, integrity, probity and independence / Chairman and 6em2ers %# Civi! 'ervi$e C%mmissi%n 8ust be antural born citi7ens 8ust be at least =H yrs. old 8ust have proven capacity for public administration 8ust not have been candidates for elective position in the elections immediately preceding their appointment /Chairman and 6em2ers %# CO6ELEC 8ust be natural born citi7ens 8ust be at least =H yrs. old 8ust be holder of college degree

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8ust not have been candidates for elective position in the elections immediately preceding their appointment 8ajority thereof including the chairman shall be members of the Bar and at engaged in the practice of law for at least !K yrs.

eligibility, experiences in specific fields, height and weight reCuired by particular positions, physical fitness, etc. he degree of Cualifications of an officerNemployee shall be determined by the appointing authority on the basis of the Cualification standard for the particular position. Q. Wh% are 5i!i-in% $iti3ens A. %iti7ens at the time of the adoption of the %onstitution hose whose fathers or mothers are citi7ens of the .hil hose born before Fan. !$, !"$=, of Dilipino mothers, who elect .hil. citi7enship upon reaching the age of majority hose who are naturali7ed in accordance with law

Chairman and 6em2ers %# COA 8ust be natural born citi7ens 8ust be at least =H yrs. old 8ust not have been candidates for any elective position in the elections immediately preceding their appointment (o time shall all members belong to the same profession Om2(dsman and his De-(ties 8ust be natural born citi7ens 8ust be at least ?H yrs old 8ust be recogni7ed for his probity and independence 8ust be members of the .hil. Bar 8ust not have been candidates for any elective office in the immediately preceding election )mbudsman must have been a judge or engaged in the practice of law for !K years. Q. What are the 9(a!i#i$ati%ns %# $ivi! servants+ ,enera!!* A. he Cualifications for entrance into the civil service are prescribed by law. hese include age, citi7enship, educational attainment for the specific positions, appropriate civil service =K 1 BA

Dilipino citi7enship is a continuing reCuirement for any public office. A voluntary change of citi7enship or a change thereof by operation of law disCualifies him to continue holding the position to which he had Cualified and had been appointed or elected. .hilippine citi7enship is an indispensable reCuirement for an elective office. 't can only be reacCuired after compliance with the reCuisites of law and not by election. ). APPOINT6ENT 8ENERALLY Q. What is A--%intment A. Appointment is one of the means by which a person may claim a right to a public office. 't means the selection by the authority vested with the power, of an individual who is to exercise the functions of a given office. 't is an act of designation by the executive officer, board or body, to whom that power has been delegated, of the person who is to exercise the duties and responsibilities of a given position. An appointment should generally be in writing of some sort. he better rule reCuires some kind of written memorial that could render title to public office undubitable. 6ince an appointment affects

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the public 3and not merely private rights5 and being done under the authority of the sovereign power and not under individual authority, an appointment should be authenticated in a way that the public may know when and in what manner the duty has been performed. Ahere there is no evidence of a prior appointment and all the officer can show is a designation in an acting capacity to the disputed position, the fact that the officer took his oath and his supposed appointment was confirmed by the %ommission on Appointments cannot prevail as against the appointment of another person to the same position. he designation being revocable and temporary in character, could not ripen into a permanent appointment, even if subseCuently confirmed by the %ommission on Appointments because confirmation presupposes a valid nomination or recess appointment, of which there was no evidence.

Aho to appoint is a political Cuestion involving considerations of wisdom which only the appointing authority can decide. he %ivil 6ervice %omm is limited only to the non; discretionary authority of determining whether or not the person appointed possessed the appropriate civil service eligibility or reCuired Cualifications. his is different where the %onstitution or the law subject the appointment to the approval of another officer or body, like the %ommission on Appointments. Q. Wh% has the a--%intin, a(th%rit* A. he appointing authority is the officer or body bested by the %onstitution or by law with the power to make appointments of public officers and employees to public offices or positions. 't is vested with the .resident, the courts, heads of departments, agencies, commissions or boards and such other officers as the power to appoint may be legally delegated by the legislature. C. PRE'IDENT;' APPOINTIN8 POWER Q. Wh% has the -rer%,ative t% a--%int C%nstit(ti%na!

Q. H%w is a--%intment distin,(ished #r%m desi,nati%n A. Appointment is the selection by the proper authority of an individual who is to exercise the functions of a given office. )n the other hand, designation connotes merely the imposition of additional duties, usually by law, upon a person who is already in the public service by virtue of an earlier appointment or election. A person may be designated in an acting capacity, as when he is called upon to fill a vacancy pending the selection of a permanent appointee thereto or return of the regular incumbent. Q. What is the nat(re %# a--%intment A. he appointing power is essentially an executive function. 't is essentially discretionary and must be performed by the officer in which it is vested according to his best lights, the only condition being that the appointee should possess the Cualifications reCuired by law. An appointment cannot be faulted on the ground that there are others better Cualified who should have been preferred. =! 1 BA

A. he general rule is that the appointing power is the exclusive prerogative of the .resident, upon which no limitations may be imposed by %ongress, except by the %onstitution and the 6tatute. At instances where the law is silent as to who is the appointing authority, it is understood to be the .resident. Q. Can the C%n,ress im-%se additi%na! d(ties A. 9es, the grant by law of additional duties to public officer does not constitute an encroachment on the .resident>s appointing power. Q. Are a--%intments s(24e$t $%n#irmati%n 2* the C%mmissi%n A--%intments t% %n

A. 9es, but not all. he %ommission on Appointments is composed of the .resident of the 6enate, as ex officio %hairman!< 6enators

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P 8embers of the 4ouse, elected by each 4ouse on the basis of proportional representation. 't 6hall be constituted within =K days 6enate and 4ouse shall have been organi7ed with the election of the .resident and the 6peaker. he %ommission shall only meet while %ongress is in session, at the call of its %hairman or a majority of all its 8embers. .residential appointments of 4eads of executive departments0 ambassadors, other public ministers and consuls0 officers of the armed forces from the rank of colonel or naval captain other officers whose appointments are vested in him in the %onst. 32xample: %hairman and 8embers of the %)82L2%, %ivil 6ervice, %ommission on Audit and 6ectoral *epresentatives5 are subject to the confirmation of the %ommission on Appointments. Q. What are Ad interim A--%intments A. he Ad interim appointments are those made by the .resident during the recess of %ongress whose confirmation by the %ommission on Appointments is reCuired by the %onstitution. hese ad interim appointments are permanent until disapproved 3B9;.A662&5 by the %ommission on Appointments and until the next adjournment of the %ongress 3regular or special session5. hese < modes of termination of an ad interim appointment are independent of each other. Q. Wh% has the -%wer tem-%rar* desi,nati%n t% iss(e

A. he .resident has the power to temporarily designate an officer already in the government service or any other competent person to perform the functions of an office in the executive branch, appointment to which is vested in him by law when the officer regularly appointed is unable to perform his duties by reason of illness, absence, or any other cause or there exists a vacancy. he appointment must not exceed one year. Q. What are the Limitati%ns President;s -%wer t% a--%int A. =< 1 BA %n

Appointing power / executive prerogative a. Ahat limits do the %onstitution provideL i. 2x. .ower of review of %ommission on Appointments ii. Art. B'' 6ecs. !? P !H 6ec. !?: appointments by an acting .resident unless revoked by elected .res. 6ec. !H: < months immediately before next presidential elections, no appointments except temporary appointments because vacancy results to prejudice iii. .res. can appoint 8embers of 6% and judges of lower courts from among the list of at least = members of each position prepared and recommended by the Fudicial Bar %ouncil 3FB%5 iv. .res. can>t appoint official and employees of the Fudiciary / power belongs to 6% v. .res. can>t appoint any person who lost in any election wNin ! year after such election, in gov>t or -)%% vi. .res. can only appoint )mbudsman and &eputies from list of at least I nominees prepared and recommended by the FB% vii. )fficials and employees of )ffice of )mbudsman / appointed by )mbudsman

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viii. %ommission on 4uman *ights appoints its officers and employees ix. %ongress may by law vest appointment of lower in rank in courts, or in heads of dep>t, agencies, comms, boards x. Art. 'E;B 6ec. : elective official can>t be appointed unless provided by law xi. Art. B'' 6ec. !=: .res, B., %abinet, their deputies and assistants shall not hold any other office unless provided by law Q. What is the C'C A. %entral government personnel agency of the

a. %omposed

b. c. d.

e. f. g. h.

of %hairman, < commissioners, appointed by the .res wN consent of the %omm. )n Appointments, $ yrs term Administers civil service &uty to establish career service Adopt measures to promote moral, efficiency, integrity, responsiveness and courtesy in civil service 6trengthen merit and rewards system 'ntegrate all human resources dev>t programs 'nstitutionali7e permanent climate conducive to public accountability -eneral purpose: insure and promote general mandate reCuiring appointments only according to merit and fitness, and to provide wNin the public service a progressive system of personal administration to insure the maintenance of an honest and efficient progressive and courteous civil service in the .hils.

Q. What are the -%wers Admin. C%de %# <>?= ,rant i. Administer and enforce merit system ii. .rescribe amend and enforce rules and regulations effecting %ivil 6ervice Law etc. iii. .romulgate policies and regulations for the %ivil 6ervice iv. .olicies and *egulations for positions and compensation v. *ender opinionsNrulings on civil service matters vi. Appoint and discipline officials vii. %ontrol and supervise civil service examinations viii. .rescribe civil service examinations ix. &eclare positions: technical, confidential, policy determining x. 8ake programs re: dev>t and retention of work force xi. 4ear and decide admin. cases xii. 'ssue subpoena P subpoena duces tecum xiii. Advise .res. xiv. ake action on appointments xv. 'nspectNaudit personnel actions and programs xvi. &elegate authority to dept>s, agencies etc. xvii. Administer retirement programs xviii. 8aintain personnel records xix. .erform functions belonging to a central personnel agency and others provided by law Q. What is the $%vera,e

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a. %onstitution: all branches of

-ov>t even -)%%s 3created by %onsti5 i. 2xception: -)%%s created by statutes Q. What are the three ,enera! -%siti%ns ii. .olicy determining: formulating methods of action iii. 4ighly confidential: not merely clerical, reCuires judgment iv. 4ighly technical: reCuires skillsNtraining in highest degree

<. Aho are the officials and employees

under the non;career serviceL a. 2lective officials and their staffs b. &ep>t heads and other %abinet officials who hold positions at the pleasure of the .res. c. %hairman and members of commissions and boards with fixed terms of office d. %ontractual personnelNspecial contract employees e. 2mergency and seasonal personnel =. Ahat is the exception to appointmentsL a. 2lective officials in non;career service ?. Ahat are the levels of positions in the career serviceL a. Dirst level: clerical, trades, crafts, custodial, etc. b. 6econd level: professional, technical, scientific positions c. hird level: career executive service 3undersec, asst. sec, etc.5 Q. H%w d% *%( enter these !eve!s d. !st and <nd levels: civil service eligibility, exams e. =rd: prescribed by %areer 2xecutive 6ervice Board Q. H%w a--%inted are a--%intive %##i$ers

Q. H%w is $areer servi$e $hara$teri3ed a. 2ntrance based on merit and fitness usually determined by examinations b. )pportunity for advancement to higher career positions c. 6ecurity of tenure Q. What are the -%siti%ns (nder $areer servi$e d. )pen %areer / Cualifications P examination reCuired e. %losed %areer / scientific or highly technical f. .ositions in the %areer 2xecutive 6ervice: appointed by .res like undersec, asst. sec, bureau director g. %areer officers other than in preceding letter: appointed by .res sich as Doreign 6ervice )fficers h. %ommissioned officers, enlisted men of the AD.: separate merit system i. .ersonnel of -)%% wN original charters j. .ermanent laborers Q. H%w is N%n/Career 'ervi$e $hara$teri3ed k. 2ntrance on bases other than usual merit and fitness l. enure which is limited to a period specified by law =? 1 BA

a. .residential b. (on;presidential

Q. What are the tw% .inds %# a--%intments c. .ermanent 3only to them security of tenure is guaranteed5 d. emporary Q. What;s with a $%termin%(s em-!%*ee e. %onfidentiality by appointing authority subject to his pleasure or co;existent with his tenure f. %lassified:

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with project ii. %oterminous with the appointing authority iii. %oterminous with the incumbent iv. %oterminous with a specific period Q. What are the re9(isites %# a--%intment a. Appointing authority has power to appoint b. Appointee possesses all Cualifications c. Appointment approved by the %6% d. Appointee accepts appointment A--%intin, dis$reti%n a(th%rit*L e"er$ise %#

i. %oterminous

P%wer %# C'C t% a--r%ve a--%intments

!. What;s

the ,enera! r(!e re: a--%intments in $ivi! servi$e a. *eCuires approval of %6% i. Limited to reviewing appointments

Limitati%ns %n the -%wer t% a--r%ve a--%intments

!. What

!. What is the e##e$t %# a--%intin,

with%(t -%wer a. (ull and void appointment <. T% wh%m d%es C%nsti vest -%wer t% a--%int a. Barious offices including 6%, %on %oms, )mbudsman, %4*, %enate, 4ouse of *eps. b. 2xec. 6ec., dep>t secs., bureau heads, governor, mayors

are s%me !imitati%ns %# -%wer %# C'C t% a--r%veIdisa--r%ve a--%intments a. &oes not include authority to make appointment itself b. Appointment rests on appointing authority c. -eneral rule: no authority to revoke appointment i. 2xception: does not apply security of tenure attached d. (o authority to pass upon Cualifications e. (ot empowered to determine kindNnature of appointment f. %onditional appointment: conditions should be met to become permanent

=. Is

a -ers%n with a--%intment entit!ed a--%inted in a $a-a$it* a. (ot as a matter of

tem-%rari!* t% 2e re/ -ermanent right

?. What;s the -re#eren$e with re,ard

t% -ermanent em-!%*ees wh% were rem%ved a#ter re%r,ani3ati%n a. hey are given preference to new positions A--%intee m(st 2e 9(a!i#ied 2ligible and Cualifications met here should be vacancy

O--%siti%n t% A--%intment !. Wh% $an %--%se a--%intment a. Any person who feels aggrieved by appointment i. Dile a protest based on cause, which is based on these grounds: !. Appointee not Cualified <. Appointee not next in rank =. .rotestant not satisfied of reason of transfer ii. Dor cause: reasons which the law and sound public policy recogni7ed as sufficient warrant for removal b. emporary and permanent appointments are different

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hence different protests for each c. &ue process to be followed: opportunity to be heard, opportunity to present case d. .rotest cases: first decided by head of dep>t or agency Rev%$ati%n %r re$a!! %# a--%intment

aking an oath @ discharge O acceptance

Permanent a--%intment

T% wh%m $an -ermanent a--%intment 2e e"tended o .erson who meets all reCuirements and eligibilities

What is the ,enera! r(!e o Appointment once made: irrevocable o *ule is Cualified: subject to %6%>s approval When sh%(!d rev%$ati%n 2e made o Before appointment is completed o )r before %6% approval When d%es C'C have -%wer t% re$a!! an a--%intment o (on;compliance with procedures in merit promotion plan o Dailure to pass thru agency>s selectionNpromotion board o Biolation of existing collective agreement between mgmt and employees o Biolation of other existing civil service law rules and reg.

Term and ten(re

!. What is a term a. Dixed and definite period of

time which the law prescribes that an officer may hold an office b. .eriod during which an office may be held What;s the 2asi$ di##eren$e 2etween term and ten(re a. erm / period fixed b. enure / period incumbent actually holds office What are the .inds %# terms a. 2xpressly fixed by %onstiNlaw b. &uring good behavior until retirement age i. 2x. Fudges: $K yrs old c. 'ndefinite / terminates at pleasure of appointing authority i. 2x. Loss of confidence What is a ten(re a. Limited to a period specified by law b. %oterminous with appointing authorityNsubject to his pleasure c. Limited to project time or purpose At the end %# a term+ what ha--ens Dismissa! %r e"-irati%n %# -eri%d a. 2xpiration 8enera! r(!e #%r an %##i$er with term a. %annot be removed i. 2xcept for cause provided by law b. Dixity of tenure destroys power of removal at pleasure

<.

=.

When a--%intment is $%m-!eteL a$$e-tan$e %# a--%intment ne$essar*

?.

!. When is a--%intment $%m-!ete o Ahere all reCuisites for position

have been met Aritten appointment Bacant position Appointing authority has power Approved by the %6% Accepted by the appointee Absence of any of these reCuirements makes it invalid or incomplete 1ntil such approval, he is de facto officer aking an oath is indispensible

H.

I.

o o o
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otherwise incident to the appointing power $. What are s%me terms #i"ed 2* the C%nsti a. .res, B., 6enators, %ong. b. 6enators: I years, %ong: = years i. heir tenure may be shortened: !. Dorfeiture of his seat by holding any other office Art. B' 6ec. != <. 2xpulsion as a disciplinary action Art. B' 6ec. !I =. &isCualification by resolution of 2lectoral ribunal Art. B' 6ec. !$ ?. Boluntary renunciation of office Art. B' 6ec. $ #. Im-%rtan$e %# distin$ti%n 2etween term and ten(re a. )fficer with a term may not be removed except for cause b. )fficer with tenure / no security of employment H%!d/%ver $%n$e-t Q. What is the $%n$e-t %# h%!d/%ver A. 't is where an office has a fixed term and the incumbent is holding onto the succeeding term. Q. Is it !e,a! A.Yes. he !aw usually provides that the officers elected or appointed for a fixed term shall remain in office for that term and until their successors have been $h%sen AND 9(a!i#ied. Q. What is the 4(sti#i$ati%n #%r the h%!d/ %ver $%n$e-t P(2!i$ -%!i$*. he law abhors a vacuum in public offices. Is there a -res(m-ti%n in #av%r %# the h%!d/%ver $%n$e-t

A. Yes. he prohibition against hold;over must be clearly expressed or at least implied in the %onstitution or in the legislative enactment %therwise it is reasonable to assume that holdover is allowed. Q. Is there a !imitati%n %n the h%!d/%ver $%n$e-t A. Yes. %onstitution may provide a limitation. Ahere the %onstitution has fixed the term of an office and its commencement, the legislature may n%t authori7e the incumbent to hold;over until his successor shall have been appointed or elected and has Cualified. Tem-%rar* %r a$tin, a--%intment Q. 6a* the President+ in the e"er$ise %# her a--%intin, -%wer+ ma.e tem-%rar* %r a$tin, a--%intments A. Yes. his is based upon the theory that the wh%!e in$!(des and is ,reater than the -art. What are the !imitati%ns %n s($h a--%intin, -%wer 0. T'ose provided )y t'e #onstitution0 and

2. $'ere t'e office is *1T under t'e

control of t'e President and t'e #onstitution or t'e la$ provides safe&uards for its 2*3,4,*3,*%,. Q. What is the essen$e %# an a$tin, a--%intment A. 't is essentia!!* tem-%rar* and rev%$a2!e in $hara$ter. 4ence, the holder of such appointment may be removed anytime even with%(t hearing or cause. What are the %ther instan$es where the tem-%rar* %r a$tin, stat(s %# an %##i$er ma* arise 1. *'en t'e appointment is defective0 and

2. *'en t'e appointee lac+s t'e

required civil service eli&i)ility. Q. What is the e##e$t %# the s(2se9(ent a$9(isiti%n %# $ivi! servi$e e!i,i2i!it* %# the a--%intee

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A. It is %# n% m%ment and does not ipso facto convert his temporary appointment into a permanent one. A new a--%intment C#r%m a$tin, t% -ermanentD 2* the a--%intin, a(th%rit* is ne$essar*. Pr%m%ti%na! A--%intment Q. What is the 2asis %# -r%m%ti%n in the Civi! 'ervi$e A. Q(a!i#i$ati%ns. Q. What are the #a$t%rs that sh%(!d 2e $%nsidered 1. Occupational competence0 2. (oral c'aracter0 3. Devotion to duty0 and 4. Loyalty to service. Q. Can the $%(rt reverseIrev%.e the a--%intment d%ne 2* the a--%intin, a(th%rit* A+ N%. he %ourt should not substitute its own judgment for that of the appointing authority. 4is final choice should be respected and left undisturbed. Reinstatement Q. What is reinstatement A. 't is the issuance of a new appointment which is essentially discretionary, to be performed by the officer in which it is vested. Q+ What is the !imitati%n A. he appointee should Cualifications reCuired by law. possess the

Q. What is ne-%tism A. 't means #av%(ritism in the appointment in the public service in favour of a re!ative within third de,ree %# a##init* OR $%nsan,(init* by the appointing or recommending authority. Q. Is it -r%hi2ited A . Yes. 't is expressly prohibited by the Revised Administrative C%de %# <>?=. 't also a $rime under the %ode of %onduct and 2thical 6tandards for .ublic )fficials and 2mployees. Q.What is the s$%-e %# the -r%hi2iti%n A. It e"tends t%: 1. Promotional appointments0 2. Desi&nations capacity0 and in an actin&

3. All personnel actions occurrin& after an ori&inal appointment $'ic' require t'e issuance of a ne$ appointment to anot'er position or to t'e ori&inal position in t'e case of reinstatement. Q. What is -r%hi2iti%n the -(r-%se %# the

A. T% ens(re that a!! a--%intments and %ther -ers%nne! a$ti%ns in the $ivi! servi$e sh%(!d 2e 2ased %n merit and #itness and should never depend on how close or intimate an appointee is to the appointing power. Q. What are the e"$e-ti%ns 1. Persons employed in a confidential capacity0 2. Teac'ers0 3. (em)ers of t'e A5P0 4. (arria&e $it' someone in t'e same office or )ureau A5TEappointment0 and 6. T'ose appointed in "O##s $'ic' are or&ani7ed under t'e #orporation La$.

Q. Can the $%(rt reverseIrev%.e the reinstatement d%ne 2* the a--%intin, a(th%rit* A. N%. he %ourt should not substitute its own judgment for that of the appointing authority. 4is final choice should be respected and left undisturbed. Ne-%tism

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7%id a--%intments Q. What is a--%intment the e##e$t %# a v%id

Q. What are the #a$t%rs $%nsidered 0. 1rgani5ation structure6 7. %lassification relationships6 and)or

t%

2e

functional

A.A v%id a--%intment $%n#ers n% ri,ht whats%ever, except those recogni7ed under the doctrine of a de facto officer, but never so far as to entitle the incumbent to take shelter under the guarantee of security of tenure. D%(2!e a--%intment Q. Is it -r%hi2ited A. (o as long as the positions are not incompatible except that the officer or employee appointed cannot receive additional or double compensation unless specifically authori7ed by law. Primar* $%n#identia! -%siti%ns Q. Is the a--%intment 2ased %n Jmerit and #itnessK as mandated 2* the C%nstit(ti%n A. N%. 't is one of the exceptions. Q. Are the a--%intees $%vered 2* the se$(rit* %# ten(re -r%visi%n %# the $%nstit(ti%n A. Yes. he security of tenure provision does not make a distinction. HOWE7ER+ Jloss of confidence, is considered as a +cause provided by law. 4ence, those holding primarily confidential positions continue for so long as confidence in them endures. Q.What determines whether a -%siti%n is -rimari!* $%n#identia! A. The nat(re %# the #(n$ti%ns %# the %##i$e. A--%intment %# ne"t/in/ran. Q. What is a ne"t/in/ran. -%siti%n A. 't refers to a position which is determined to be in the nearest degree of relationship to a higher position.

8. "alary and)or range allocation6 and 9. &eographical location. Q. Is the a--%intment %# ne"t/in/ran. mandat%r* A. NO. he law merely reCuires that the next; in;rank shall be $%nsidered for promotion whenever a position in the first level becomes vacant. $hy: The rule neither grants a vested right to the holder nor imposes a ministerial duty on the appointing authority. 1therwise! it could result to diminution of the discretion and prerogative of the appointing authority. Q. What is the remed* %# an a,,rieved ne"t/in/ran. em-!%*ee A. Dile a protest with the department or agency head. 6uch decision may be appealed to the %ivil 6ervice %ommission. 8%vernment/%wned $%r-%rati%ns Q. What is a 8OCC A. 't is a stock or non;stock corporation whether performing governmental or proprietary functions, which is directly chartered by special law or if organi7ed under the general corporation law is owned or controlled by the government or subsidiary corporation, to the extent of at least a majority of its outstanding capital stock or of its outstanding voting capital stock. Q. Are a!! 8OCCs $%vered 2* the Civi! 'ervi$e %r $%ntr%!!ed

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A. N%. -)%%s with%(t original charters are n%t comprehended within the civil service and their employees are not subject to civil service law. %A*22* 2E2%1 'B2 62*B'%2 'e$(rit* %# ten(re in CE' Q. H%w d%es a $ivi! servi$e em-!%*ee a$9(ire se$(rit* %# ten(re A. 6ecurity of tenure is acCuired with respect to rank and not to position. he guarantee of security of tenure to members of the %26 does not extend to the particular positions to wNc they may be appointed 3only applicable to the first and second level employees in the civil service5 but to the ran. to wNc they are appointed by the .resident Q. What are the re9(isites #%r se$(rit* %# ten(re 1. #ES eli&i)ility0 and 2. Appointment to t'e appropriate ran+ Q(% Warrant% Q. What is 9(% warrant% A. 't is a special civil action commenced by filing a verified complaint in court against a person who usurps, intrudes into, or unlawfully holds or exercises a public office or position0 or who does or suffers an act which, by the provision of law, constitutes a ground for the forfeiture of his office Q(% warrant% in a--%intive and e!e$tive -%siti%ns+ distin,(ished APPOINTI7E ELECTI7E PO'ITION PO'ITION ;raises issue of ;raises issues of disloyalty legality of and ineligibility of winning appointment candidate ;filed by one ;filed within !K days claiming office ;petitioner is any voter ;court ;purpose is to unseat determines respondent from office but who has been doesn>t install the legally petitioner in his place 3i.e., appointed and where a person elected is can and ought ineligible, the court cannot to declare who declare the candidate ?K 1 BA

is entitled to occupying the second place occupy his has been elected, even if QUO 6ANDA6U' office WARRANTO he were eligible the law ;tests the title only authori7es a of one>s office declaration of election in claimed by his cert. of candidacy5 another ;avails to enforce a $!ear ;objective: legal duties and not to try ouster of the disputed titles holder from its ;proper remedy if it is enjoyment shown that petitioner has a ;proper remedy clear legal right to a where it particular public office P appears that respondent is unlawfully another person preventing him from has already occupying the same been ;remedy available only appointed to where the petitioner>s right and is already is founded $!ear!* in law occupying the and not when it is doubtful disputed office ;respondent, with%(t ;remedy tests $!aimin, an* ri,ht t% an the tit!e to %##i$e, e-cludes petitioner one>s office therefrom 3respondent claimed by need not a$t(a!!* hold the another and disputed position5 has for its ; favor of the person who object the has obtained a plurality of ouster of the votes, and has presented holder from its his cert. of candidacy enjoyment ;there is (s(r-ati%n %r intr(si%n Q(% warrant% distin,(ished and mandam(s

Q. 6a* a tit!e 2e $%!!atera!!* atta$.ed A. N%. itle to a public office may only be Cuestioned by direct proceedings by means of the special civil action of quo warranto Q. Wh% ma* #i!e the a$ti%n 0. "olicitor &eneral6 7. 4u lic prosecutor6 and 8. An individual entitled to the position. Q. When m(st it 2e #i!ed A. 't must be filed within ! year after the cause of such ouster, or the right of the

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petitioner to hold such officer or position arose. $hy: Pu)lic interest and &overnment sta)ility require t'at t'e ri&'t to a pu)lic office )e determined as speedily as possi)le and to avoid disruptions in t'e conduct of pu)lic )usiness. Q. Is there an e"$e-ti%n A. Yes when the failure to file the action can be attri2(ted to the acts of a responsible government officer and not of the dismissed employee. Q. What are the 4(d,ments and re!ie#s A. 'f it is found that the respondent is usurping or introducing into the office, or unlawfully holding the same,the court may order: !. )uster and exclusion of defendant from office <. recovery of costs by plaintiff or relator 3. determination of t'e respective ri&'ts in and to t'e office8 position8 ri&'t8 privile&e8 or franc'ise of all t'e parties to t'e action as 9ustice require

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PART II: LAW ON PU)LIC O55ICER CHAPTER F: DE 5ACTO O55ICER Q. Wh% is a de #a$t% %##i$er A. A public officer may either be de jure or de facto. o distinguish: DE @URE otal compliance with all reCuisites of the law )ne who is in all respects legally appointed or elected and Cualified to exercise the office DE 5ACTO here is defect in the compliance )ne who assumed office under a color of a known appointment or election Boid because officer was not eligible or because there was a want of power in the electing body, or by reasons of some defect or irregularity in its exercise, such ineligibility, want of power, or defect being (n.n%wn to public 2ntitled to emolument only for actual services rendered 4e cannot be made to reimburse funds disbursed during his term of office because his acts are as valid as those of a de jure officer

Balid

Actually entitled emolument

to

merely a de facto officer for the duration of his occupancy of the office for the reason that he assumed office under color of known appointment wNc is void by reason of some defect or irregularity in its service. 4e is one who is in possession of an office in the open exercise of its functions under color of an election or an appointment, even though such election or appointment may be irregular !. not a mere volunteer <. he is one who has the reputation or appearance of being the officer he assumes to be but who, under the law, has no right or title to the office he assumes to hold 3. a de facto officer is one whose acts, though not those of lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the public and third persons, where the duties of the officer were exercised under color or a known election or appointment, void because the officer was not eligible, or because there was a want of power in electing or appointing body, or by reason of some defect or irregularity in its exercise, such ineligibility, want of power or defect being unknown to the public or under color of an election, or appointment, by or pursuant to an unconstitutional law, before the same is adjudged to be valid Q: What are the e"am-!es %# de #a$t% %##i$er A: he following are examples of de facto officers:

N%te: here can be a de #a$t% %##i$er in a de 4(re %##i$e, there cannot be a de #a$t% %##i$er in a de #a$t% %##i$e 3there is n% s($h thin, as a de #a$t% %##i$e under an unconstitutional law5 Q. What is a de #a$t% %##i$er A. A pubic officer or employee who assumed office under a color of a known appointment or election, even if such assumption is tolerated or acCuiesced by superior officers and even when the appointee had served for years, he is ?< 1 B A A& &'8ALA(

1. a person who has been declared winner

by the court or by the %)82L2% in an election protest and assumed office based thereon and who has thereafter been adjudged not entitled to the office is a de facto officer because he exercised the duties of the elective office under color of election thereto and is thus entitled to the emoluments of the office0 not a usurper because a usurper is one who undertakes to act officially without any color or right

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2. a judge who resigned in his position is

3.

4.

5.

considered de facto officer until he is formally notified of the acceptance of his resignation, for a resignation to be effective must be accepted by the officer authori7ed to accept it a person appointed to a position during the period that the incumbent, who was removed therefrom, was litigating his action for reinstatement, may be considered a de facto officer a person who acts and discharges the office pursuant to an appointment wNc reCuires approval by another officer or office, such as the %ivil 6ervice %ommission, is a de facto officer until the appointment is finally approved or disapproved if approved, he becomes a de jure officer0 if disapproved, he becomes an usurper an elected officer who has been proclaimed and has assumed office but was later on ousted in an election protest or Cuo warranto is a de facto officer during the time he held the office

An elective local official, who occupied a position on the strength of an order granting execution -endin, appeal in an election case. he officer exercised the duties of an elective office under color of election 3wNn it was the trial court of %)82L2% that declared official winner is immaterial5

A person whose appointment as a sectorial representative has been immediately Cuestioned before the appropriate agency as violative of law is, if such appointment is declared invalid

Q. Wh% is a (s(r-er A. A usurper is one who (s(r-s an office and undertakes to a$t %##i$ia!!* with%(t an* $%!%r %# ri,ht, as distinguished from a de facto officer who exercises the duties of an office under a color of appointment or election

8unicipal mayor, who filed his %ert. of %andidacy for congressman and who thereafter withdrew it and resumed the duties of mayor, has no title to the office, as he is, by law, a(t%mati$a!!* resigned therefrom from the moment he filed his cert. of candidacy Q: What are the e!ements %# a de #a$t% %##i$er A: here must be: 1. a de jure %##i$e 2. a $%!%r %# ri,ht or authority 3. actual physical -%ssessi%n of the office in ,%%d #aith 4. general a$9(ies$en$e by the public or a re$%,niti%n by the public who deals with him of his authority as holder of the position 8R: here can be no de facto officer where there is no de jure office 3there may be a de facto officer in a de jure office5 E: office created by law has been subseCuently declared unconstitutional0 declaration of invalidity of the law creating an office or position makes officer appointed to it a de facto officer d(rin, the ten(re thereto

Q. Wh% are e"am-!es %# a de #a$t% %##i$er as $%m-ared with a (s(r-er DE 5ACTO U'URPER

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Q. What are the reas%ns #%r the de #a$t% %##i$er d%$trine A. .ublic interest demands that acts of persons holding, under color of title, an office created by a valid statute be deemed valid insofar as the public is concerned. )therwise, those dealing with officers and employees of the government would be entitled to demand from them satisfactory proof of their title to the positions they hold, before dealing with them, or before recogni7ing their authority or obeying their commands, even if they should act within the limits of the authority vested in their respective officers, positions, or employment &octrine formulated for the protection of the public and individuals who get involved in the official acts of persons discharging the duties of an office without lawful officers 3not for the protection of de facto officers5. &octrine is founded on public policy and convenience, for the right of one officer claiming title or interest under or through the proceedings of an officer having an apparent authority to act would be safe, if it were necessary in every case to examine the legality of title of such officer up to its original source. Q. Are the a$ts %# de #a$t% %##i$ers va!id A. BAL'& insofar as =rd parties are concerned Q. What are e"am-!es %# va!id a$ts A. A judge who resigned his judgeship but continued to discharge the duties thereto pending his receipt of the acceptance of his resignation as de facto officer and his decision or order issues in a case during such period is valid as that of a de jure judge, insofar as the parties and the public are concerned. 4is official acts cannot be attacked collaterally by a writ of prohibition or by a suit to enjoin the execution of the decision A de facto officer assumed the exercise of a part of the prerogative of sovereignty, and the legality of that assumption is open to attack of the sovereign power a!%ne An officer seeking to justify his act or defending his right as a public officer must allege and prove that he is a de jure officer, for the acts of ?? 1 B A A& &'8ALA(

a de facto officer as far as he is himself is concerned are v%id. he purpose of the rule is to discourage the sei7ure of public office officer ought to know whether he is legally an officer and if he attempts to exercise the duties of an officer wNo authority, he should act at his peril Q. What is $%m-ensati%n A. A de facto officer who, in ,%%d #aith, has possession of the office under a color of validity and had discharged the duties pertaining thereto is legally entitled to the emoluments of the office Ahere the law gives the officer>s assumption of office color of validity, it entitles him to compensation for his work, and his subseCuent ouster from the position entitles him to retain the emoluments received as against the successful protestant E"am-!e: A senator who had been proclaimed and had assumed office but was later on ousted in an election protest $an retain emoluments received even as against the successful protestant because the !aw mandates that the $andidate d(!* -r%$!aimed must assume office notwithstanding a protest filed against him, wNc gives him color of title to the office and entitles him to the salary and other benefits of the position A de facto officer cannot be made to reimburse funds disbursed during his term of office because his acts are valid as those of a de jure officer. hey are entitled to emoluments for servi$es a$t(a!!* rendered he Cuestion of compensation depends on the possession of title, n%t %# the %##i$e: ;A de facto officer, n%t havin, ,%%d tit!e, takes the salaries at his ris. and must therefore account tot the de jure officer for whatever amount of salary he received during the period of wrongful retention of the public office E"am-!e:

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A mayor who filed cert. of candidacy who was considered resigned shall not be entitled to emoluments anymore since there is no color of title validating his resumption as mayor must account the salary received during his wrongful retention of the office in favor of the de jure officer he Cuestion whether the de facto officer may be liable for the salary and other benefits of the office in favor of the de jure officer may be litigated, even if the issue regarding the right to the office has become moot and academic 8R: he rightful incumbent of a public office may re$%ver from an officer de facto the salary received by the latter during the time of his wr%n,#(! ten(re, even though he entered into the office in good faith and under color of title 3a de facto officer takes salaries at his risk and must therefore account to the de jure officer for whatever amount of salary he received during the period of his wr%n,#(! retention of the office5 8R: An ousted e!e$tive official not obliged to reimburse the emoluments of office that he had received before his ouster E: he would be liable for dama,es in case he would be found responsible for any (n!aw#(! or t%rt(%(s acts in relation to his proclamation 3criterion: breach of obligations arising from contracts or Cuasi;contracts, tortuous acts, crime or specific legal provision authori7ing the money claim in the contest of election cases absent any of these, no liability for damages in an election case may be incurred, except for atty>s fees in the instances enumerated in art. <<K# of the %ivil %ode5 QQ'f any damage had been suffered by the winning party due to the execution of judgment pending appeal, the damage may be damn(m a2s9(e in4(ria, which is damage wNo injury or damage or injury inflicted without injustice, or loss or damage wNo violation of a legal right, or a wr%n, d%ne t% a man #%r wI$ the !aw -r%vides n% remed*

A de facto officer does not enjoy the guarantees of security of tenure he may be rem%ved #r%m %##i$e even with%(t $a(se Q. What ha--ens t% a -r%$eedin, t% tr* tit!e %# de #a$t% %##i$er A. itle $ann%t be assailed collaterally. 't may not be contested except directly, by Cuo warranto proceedings. he validity of an officers acts cannot be Cuestioned upon the g round that he is merely a de facto officer, the reason being that it would be an indirect inCuiry into the title of the office, and the acts of a de facto officer, if within the competence of his office, are va!id, as far as the -(2!i$ is $%n$erned. .rohibition doesn>t lie to determine the title of a de facto officer CHAPTER I7: CO6PEN'ATION+ )ENE5IT' M PRI7ILE8E' A. CO6PEN'ATION Q. What is $%m-ensati%n A. %ompensation could be the salary, per diem, honorarium. 6alary is the pay given as the base pay of the position or rank as fixed by law or regulations, excluding all bonuses, per diems, allowances and overtime pays. .er diems are daily allowance given to a gov>t employeeNofficer that is away from home base. hey are intended to cover daily subsistence 3lodging, etc5 when such person>s duty places them outside of their permanent station. 'f the per diems are in the nature of compensation for services rendered rather than reimbursement for incidental expenses, it is regarded as compensation. he nature of remuneration is controlling not the label. 4onorarium is the compensation given not as a matter of obligation but as appreciation for service rendered. Ahere compensation given as a matter of right, for services rendered, O salary () honorarium. Q. What is the ri,ht t% $%m-ensati%n A. 't is a statutory right, the person entitled so much as the law grants him *eCuirements 3for payments of salariesNwages5:

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existence of a legally created position with fixed compensation attached to the position issuance of a valid appointment rendition of service being paid payment to the right person

!. provision for compensation carries with it the *'-4 to compensation 2. 'f a person no longer has title to such office, the right to compensation also ceases he can longer recover salary incident thereto =. An elective official that has been ousted via election protest and who has assumed office and has done his duties is 2( ' L2& to compensation provided in such position (B: they are de facto officers, legally entitled to the emoluments of office Q. What is sa!ar* as an in$ident %# %##i$e

tasked to establish and administer a unified %ompensation and .osition %lassification 6ystem 3%.%65. %.%6 is applicable to ALL positions 3electiveNappointiveNfull;timeNpart; time of -ov>t or -)%%s5. 't has these principles: All gov>t personnel shall be paid just and eCuitable wages0 ratio of compensation is to be maintained at eCuitable levels Basic compensation shall be comparable to those of the private sector 3doing the similar work5 otal compensation is maintained at a reasonable level in proportion to national budget A review of gov>t compensation rates to be conducted periodically Q. What are the -%siti%n $!assi#i$ati%ns #%r sa!ar* ,rade -(r-%ses

A. There are #%(r main $ate,%ries: .rofessional supervisory 0 6ana,eria! -%siti%ns %r with th%se A. he salaries are mere incidents and form no mana,ement #(n$ti%ns CE.,. part of the office. Ahere a salary is annexed, -!annin,+ %r,ani3in,+ dire$tin,+ the office is coupled with an interest0 where %verseein, a (nit %# the %r,D. neither is provided for, it is an honorary office. Re9(ires intense and th%r%(,h .n%w!ed,e %# a s-e$ia!i3ed #ie!d Q. Can sa!ar* 2e ,arnished a$9(ired #r%m a 2a$he!%r;s de,ree %r hi,her de,ree $%(rses. 'a!ar* A. -eneral *ule is that money in the hands of 8rade: > 0 FF public officers, although it may be due .rofessional non;supervisory 0 government employees, is () L'ABL2 to their Re9(ires th%r%(,h .n%w!ed,e in creditors in garnishment proceedings. *easons the #ie!d %# arts and s$ien$es %r for the rule: 6overeignty 36tate cannot be sued !earnin, a$9(ired thr%(,h wNo its consent5, 8oneys for as long as in hands .n%w!ed,e %# at !east B *ears %# of disbursing officer remain in government>s $%!!e,e st(dies. '8: ? 0 FH money, and it is contrary to .ublic .olicy. 6ub;professional supervisory 0 Re9(ires .n%w!ed,e #r%m 6alary check of an officer doesn>t belong to him se$%ndar* %r v%$ati%na! ed($ati%n before it is physically delivered, but to the %r $%m-!eti%n %# (- t% E *ears %# government. he creditors can>t garnish the $%!!e,e ed($ati%n. CE.,. s(-ervis%r* check nor can the )N2 assign it without the d(ties %ver a ,r%(- %# em-!%*eesD. gov>t>s consent. '8: B 0 <? Q. What is the ,%vernment;s -%!i$* %n 6ub;professional non;supervisory 0 $%m-ensati%n Re9(ires s.i!!s a$9(ired thr%(,h trainin, and e"-erien$e %r A. he policy is eCual pay for substantially $%m-!eti%n %# e!ementar* eCual work. &ifferences in pay are upon the ed($ati%n+ se$%ndar* %r v%$ati%na! substantive differences in duties and ed($ati%n+ %r $%m-!eti%n %# (- t% E responsibilities and Cualification reCuirements. *ears %# $%!!e,e ed($ati%n.'8: < / he &ept of bureau and management 3&B85 is <H ?I 1 B A A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

Q. What d%es it mean t% have 'a!ar* ,rades </FF A. 6alary -rade is a means of grouping positions according to the level of difficulty, responsibilities and Cualifications needed. &B8 is tasked with fixing the salary grades, subject to standards set forth in law and the determination of officials who are of eCuivalent rank and assign them to the same -rade. 'ALARY 8RADE == =< PO'ITION

accuracy of records and reports ". Accountability for funds !K. 4ardship, ha7ards, and personal risks involved Q. What are the sa!ar* rates in !%$a! ,%vernment (nits and %# mi!itar* and -%!i$e -ers%nne!

=!

=K <"

?$ 1 B A

.resident A. he legal basis is *A $!IK 3L-%5 and *A B. I$H# 3sec!K5 / rates of pay in L-1s shall be 6enate .resN6peaker determined on the basis of class and financial %hief Fustice capability of each unit, but shall not exceed the 6enators salary grade. he base pay of military and 6% Fustices police people are prescribed in *As: II=#, %hairmen3%onstitutiona II?#, !!=?, =$<H, IIH# l %ommissions5 &epartment 6ecretaries M. Ahat are the %onstitutional restrictions on )ther positions compensationL 32Cuivalent rank5 8embers A. 3%onstitutional 6ec!K, Art I: 6alaries of 6enatorsN4ouse %ommissions5 determined by law0 no increase until full )ther positions term of last member who approved 32Cuivalent rank5 expires ;! &etermined by &B8 6ecI, Art $: 6alaries of .resNB. not be based on: decreased during their tenure0 no !. 2ducation and increase din until term expires0 experience .rohibited from receiving emoluments reCuired from gov>t or any other source <. (ature and 6ec!K, Art #: 6alaries of Fudiciary fixed complexity of by law0 (o decrease during tenure the work 6ec=. Art ";A: 6alaries of %hairman and =. Rind of %ommissioners fixed by law0 (o supervision decrease during tenure received 6ec!K, Art !!: (o electiveNappointive ?. 8entalNphysical .)N2 receive additionalNdoubleNindirect strain reCuired compensation unless specifically in work authori7ed0 %an>t accept any H. (ature and emolumentNpresentNofficeNtitle from extent of foreign gov>t without congress> consent internalNexternal 6ec#. Art ";B: .ensions, gratuities shall relationships not be considered as additional, double, I. Rind of or indirect compensation supervision exercised Q. What is d%(2!e $%m-ensati%n $. &ecision;making responsibility #. *esponsibility of A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

A. he legal basis is 6ection !$, Act ?!#$, 6ection #, Article 'E;B. -*: no double compensation for gov>t employeesNofficers. E: )fficers and 2mployees who are duly appointed by the by competent authority to any position in another gov>t agency or office in a concurrent capacity may receive additional compensation in the form of honoraria or allowances 3with the .resident>s discretion5. Additional compensation to be paid from the appropriation of the gov>t agencyNoffice benefitting from the concurrent service. 2xception to exception: B. and cabinet members and their deputies and assistants prohibited from receiving additional or indirect compensation from ex;officio positions they hold A retired gov>t official, who has received his retirement benefitsNmonthly pensions, who re;enters gov>t and receives salary, does not violate prohibition on double compensation (B: 'f he is to receive separation pay from his new job, he is barred from using the years he served in his old job to compute the years his separation pay is to be based. )nly the years he served in the new job will be counted. Q. What is the r(!e %n d%(2!e $%m-ensati%n n%t a--!i$a2!e t% -ensi%n A. 6ection #, Art ";B impliedly repealed old law stating that double compensation applies to pensions. A retiree receiving pension after retirement can continue to receive such pension if he re;enters gov>t to which another form of compensation is attached. 'f he retires in the new job, he can receive double pension. Q. What are the r(!es %n -er diems A. %ommission on Audit rules: -enerally allowed to members and secretaries of gov>t boards pursuant to statutory authority for every attendance in a board meeting where there is a Cuorum. .ayment of additional per diem for any subseCuent meeting during the day is not allowed. ?# 1 B A A& &'8ALA(

he special meeting must be called by the %hairmanNany member duly authori7ed. 'f not, no per diem allowed.

Q. What is an h%n%rari(m A. 't is a ,est(re %r a--re$iati%n for the service of one with expertise of professional standing in recognition of his superior knowledge in specific fields0 extra monetary remuneration paid by virtue of his office. 2xamples: o *esource persons o *esearchers, technical and support personnel o )N2 who are on detail or on special assignment in another office o )N2 by virtue of their membership in inter;agency committees and.or special projects o )N2 detailed to foreign;assisted projects ). )ENE5IT' IN 8ENERAL B.?< 8enera!!* Benefits granted by law o Bacation leaves o 6ick leaves o 8aternity leaves o erminal Leaves o ermination pay o *etirement benefits o )thers 7a$ati%n and si$. !eaves Legal basis: 6ec<#I *evised Admin %ode 3A5 o A..)'( 'B2 )N2 granted vacationNsick leaves which are commutative and any part which may not be taken in the calendar year in which earned may be carried over to the succeeding years o )N2 who voluntarily resignsNseparated from service without his fault is entitled to commutation of accumulated leaves 3minus the H days mandatory vacation leave5 o %ommutation is based on the highest rate received.

B.?E

A 8'*A(&A (AB)9A 61A*2:

(B: %ommutation for members of the Fudiciary and the %on%om is based on the highest salary @ highest monthly aggregate of transpo, living and representation allowances. 6ec#! *A $!IK 3L-%5 / 2L2% 'B2 officials entitled to the same leave privileges as those enjoyed by appointive local officials, including commutation.

Q. What are the a!!%wan$es in $ase %# in4(r*+ death %r si$.ness A. 't is provided in section I"", *evised Admin %ode. 'f injured, with actual physical woundNhurt 3in performance of duty5 / full payment of salary 3not exceed I months5, medical attendance, hospital fees, medical attention, subsistence. (B: 'f not, will be charged to vacation leaves, if any. 'f killedNdies to injuries receivedNsickness contracted in duty / payment of reasonable burial expenses @ I months> salaryNwage 3greater than .!k5 to surviving spouseNdependent childNchildren. 'f becomes sick 3caused directly by performance of duty5 / payment of hospital fees. 6uch allowances must be made with the recommendation of the proper authori7ed person.

Termina! !eave -a* TER6INAL PAY cash value of the retiree>s accumulated leave credits and is applied for by an )N2 who has already severed his connection with his employer and who is no longer working. CO66UTATION 'ALARY O5

applied for by an employee during employment when he goes on ordinary leave

Q. What is the Em-!%*ee;s $%m-ensati%n Pr%,ram A. 2mployees> %ompensation .rogram / prescribes benefits to )N2 who get injuredNsickNdies as a result of performance of duties. Benefits received are in the form of: medical services, appliances and supplies, rehabilitation services, death benefits, etc. 'njury to be considered for compensation: a. akes place within the -eri%d %# em-!%*ment b. At a -!a$e where )N2 may reasonably be c. Ahile he is #(!#i!!in, his d(ties or engaged in doing something incidental 6ickness to be considered: a. &efinitely accepted as an occupational disease b. %aused by employment, subject to proof that the risk of contracting it is increased by working conditions. (o compensation allowed when sicknessNinjuryNdisabilityNdeath was by virtue of his intoxication, willful intention, notorious negligence

%omputation: Based on highest monthly salary while in gov>t service (B: includes the higher salary he received in an acting capacity in another position from his regular position 6erit and m%netar* awards s*stem 6ection I *A I$!= provides for the establishment of a system of annual incentives and rewards and such incentives and rewards may take in the form of bonuses, citations, directorships 3in -)%%s5, localNforeign grants, paid vacations or automatic promotions. he )mnibus *ules 'mplementing 2) <"<. 't provides that honor awards shall consist in outstanding .)N2 award, which are granted to )N2 who have demonstrated exemplary service. Civi! 'ervi$e C%mmissi%n is tasked to implement such reward system

B.?B

?" 1 B A

A& &'8ALA(

A 8'*A(&A (AB)9A 61A*2:

C. RETIRE6ENT )ENE5IT' Q. What is the ins(ran$e s*stem 8%vernment servi$e

A. -6'6 prescribes retirement scheme of all government officers and employees %onditions: o C%m-!eti%n %# FH *ears %# servi$e (-%n rea$hin, G= *ears %!d - .rovided that the last = years must be continuous and must have made contributions for at least H years - Leaves without pay shall not interrupt the continuity if, prior to the last = years of service, does not exceed ! year - 2ven if position is abolished or there is a reduction in force in the last = years, still entitled to benefits - 'f age is above H$ years old but below =K years of service, lack in service years can be compensated in age0 'f service years above =K years but below H$ years old, lack in age can be compensated by additional work years. - (o one is entitled to retirement benefits if below H< years old or his total service is less than !H years o FH *ears %# servi$e+ re,ard!ess %# a,e - Applies notwithstanding the preceding paragraph. o EH *ears %# servi$e+ re,ard!ess %# a,e - Applies to any appointiveNelective official, regardless of age or status, the last three years to be continuous - )N2 shall be entitled to the commutation of the unused vacation and sick leave, based on the highest rate received which they have to credit at the time of retirement HK 1 B A A& &'8ALA(

A(t%mati$ and $%m-(!s%r* retirement ; AhenL IH years old with at least !H years of service ; &oesn>t apply to elective officials and constitutional officers whose tenure of office is guaranteed.

Q. What is C%m-(!s%r* retirement A. *etirement is compulsory when an employee reaches IH years old with at least !H years of service unless the service is extended by appropriate authorities. 'f less than !H years of service when he reaches IH years old, he shall be allowed to complete the !H years. But, according to *abor v %6%, the extension should not exceed ! year. 6o, II years old is the final working age. he computation of a member>s service includes full time, part time and other services with compensation. 't aims to maintain efficiency in the gov>t @ give retirees a chance to enjoy remaining life Q. What is an %-ti%na! retirement A. )nce filed by an )N2, cannot unilaterally withdraw it 3must be with approval of head of office5. 'f )N2 has complied with the reCuirements for the retirement benefits, it is enforceable in a court of law. *efusal of such issuance can be compellable by mandamus as it is not a discretionary act. Q.H%w are retirement 2ene#its $%m-(ted A. Basis: highest rate receivedNhighest monthly salary received 3which includes additional compensation given5. -*: government service rendered on a per diem basis is not credible for computing the length of service for retirement purposes. he grant of retirement benefits necessitates an obligation on the part of the employee to contribute to the insurance fund, which arises only when that employee is receiving SsalaryNcompensation> and not per diem. .er diem is incapable of paying off contributions to -6'6. -6'6 3not %6%5 has the power to determine what service is creditable for retirement purposes

Q. When $an the mem2ers %# the 4(di$iar* retire A 8'*A(&A (AB)9A 61A*2:

A. Ahen rendered <K years of service in the judiciary or in any brach of gov>t and: a. Attained $K years old b. *esigned by reasons of his incapacity to discharge duties o *endered <K years of service in the gov>t, the last H years continuously rendered in the judiciary and o having attained IK years old. 6ection =;a of *A "!K 3amended by *A !$"$5 ; grants retired Fustices 36% and %A automatic increases in their pension benefits whenever incumbent justices receive salary increases, eCuivalent to what the latter receive. 6ection !, *A "!K: *estrictions for receiving pension (o retiring judge shall o appear as counsel before any court in a civil case where the -ov>t is the adverse party o appear as counsel on any criminal case where .)N2 is accused in an offense in relation to his office o collect any fee for his appearance in any admin proceeding to maintain interest adverse to the gov>t

A. Benefits given as rewards for giving the best years of their lives to the service of their country0 service to the gov>t. .ension a form of deferred compensation. *ight to such is vested upon entry into the retirement system and it becomes an enforceable obligation in court. .urpose of pension is a form of enticement and security after retirement, especially to those who have been incapacitated by illness or accident. *etirement benefits are exempt from attachment, garnishment, levy, execution, incomeNwithholding taxes. hey cannot be withheld from the retiree to be applied for his indebtedness to the gov>t. Q. H%w are retirement !aws $%nstr(ed A. Liberally, 'n favor of retiree because their intention is to provide for his sustenance. Q. What are the retirement !aws (nder RA AA?F A. *A II#=: provides for early retirement and voluntary separation from the gov>t service as well for involuntary separation due to reorgani7ation. (B: *A extends to coterminous employees as well in order to have eCual protection of law. Q. Are retirement 2ene#its !ia2!e t% -a* de2ts A. (o, *etirement benefits accruing to a .)N2 are precluded from being withheld and applied to his indebtedness to the -ov>t or to a private person. 1nless clearly provided for in the law, the pension should inure wholly to the benefit of the pensioner. Q. Is d%(2!e -ensi%n a!!%wed a!!%wed When is it

Q. What are the retirement 2ene#its %# $%nstit(ti%na! %##i$ers A. Ahen entitled to receive benefits: 1pon completion of his term By reason of inability to discharge duties if his office &ies while in the service *esigns after reaching IK years old but before expiration of term having rendered at least <K years of service (B: %ourtesy resignation T resignation mentioned above0 but still entitles such person to receive all retirement benefits because the acceptance of such resignation rendered his term completed. Q. What 2ene#its H! 1 B A is the nat(re %# retirement

A. -*: pension and other gratuity laws should be construed as to any person from receiving double compensation. An example would be when there is an express legal exception 3e.g. sec#, Art ";B %onsti5 D. OTHER PRI7ILE8E' Q. What !e,a! servi$es are rendered 2* the '%!i$it%r 8enera! and ,%vernment !aw*ers

A& &'8ALA(

A 8'*A(&A (AB)9A 61A*2:

A. A .)N2 can avail the services of the 6olicitor -eneral when it is a civil suit for damages arising from the performance of his duties. (B: 'f criminal suit, 6- can>t represent him. L-1 officials can avail the services of the 6- if they are sued in their official capacity and no personal liability will result. 'f they may be rendered personally liable, a private counsel is needed. Q. What are the !e,is!ative -rivi!e,es A. 't is provided in 6ec!!, Art B' of the %onstitution. Imm(nit* #r%m arrest %onditions necessary: !. %rime charged must not have a penalty more than I years imprisonment (B: 'f bailable, can post bail to attend sessions <. he %ongress is in session (B: 'f in recess, he can still be arrested if doesn>t fall under U!. @a!%s4%s $ase Ahen a person charged with rape in the %, and while appeal is pending is elected as %ongressman, his election did not condone his offense nor allow him to be free from confinement and attend sessions of %ongress. AhyL he people elected him with full awareness of the limitations on his freedom of action and movement. 'mmunity from arrest from U! does not extend to immunity from being preventively suspended as a member of the Legislature for his crime under Anti -raft Act, as the latter does not exclude members of %ongress from the coverage. Q. What is the imm(nit* #r%m $ivi! and $rimina! a$ti%n #%r s-ee$h %r de2ate 36peech or debate clause5 A. 6cope of the privilege: a. utterances made by %ongressmen 3and 6enators5 in the performance of their official H< 1 B A A& &'8ALA(

functions, while %ongress is in session b. bills introduced in %ongress, whether in session or not c. other acts performed by %ongressmen, either in %ongress or outside, in the official discharge of their duties duly authori7ed to perform its functions d. extends to the drafting of a report submitted to committees (B: 6o a %ongressman can deliver a speechNmake a report in the discharge of his legislative function, slandering and destroying other in impunity or baselessly defaming a private citi7en, without being civilly or criminally liable for libelG Q. What are the -rivi!e,es %# im-ea$ha2!e %##i$ers A. 'mpeachable officers cannot be suspended nor removed, except by impeachment. &isciplinary actions, such as disbarment, do not apply to impeachable officials, by reason of violations of his oath 3if he is a lawyer5 or malfeasance or misconduct. 6uch person can only be held administratively liable only after separation from office. 3AhyL &octrine of 6eparation of .owers5. 'mpeachable officers are the following: .resident, Bice;.res, 6% justices, 8embers of %onstitutional %ommission and )mbudsman.

A 8'*A(&A (AB)9A 61A*2:

*A I$!=: %ode of %onduct and ,thical "tandards for 4u lic 1fficials and ,mployees *A $K#K: 4lunder Law *A !=$": ;orfeiture Law)'ne-plained $ealth Act <. Wh* is it im-%rtant t% de#ine the term -(2!i$ %##i$ers he definition of public officer is important in graft and corruption cases because being one is an essential element of most violations of anti; corruption laws 'n fact, an accused may attempt to seek the dismissal of the case against him on the ground that: o 4e is not a public officer to begin with o 4e occupies an ad hocNtemporary office o 4e receives nominal salary o 4e performs proprietary functions o 4is position is that of a private entity Can a -rivate individ(a! sti!! $%mmit ,ra#t and $%rr(-ti%n YE'

<.<

'e$ BC2D and G %# RA FH<> Arti$!e EEE %# the RPC: A private individual who has in his charge any of the public funds or property enumerated in <!$;<<! can be penali7ed the same way as public officers

E. What are the de#initi%ns %# a -(2!i$

AD6INI'TRATI7E 7ILLARO6AN LAW QUINNLER' / %##i$er as per t'e la$ RPC: Any person who, by direct provision of law, popular election or THE O6)UD'6AN AND THE appointment by competent authority, 'ANDI8AN)AYAN shall take part in the -er#%rman$e %# -(2!i$ #(n$ti%ns in the 8%vernment %# the Re-(2!i$ %# the Phi!i--ines, or PRELI6INARIE' shall perform in said government or in any of its branches -(2!i$ d(ties as .ertinent Laws: an em-!%*ee+ a,ent+ %r s(2%rdinate %##i$ia!+ %# an* ran. %r $!ass. *A =K!": Anti(&raft and %orrupt 4ractices Act 3Basically! anyone who works in the &overnment/ H= 1 B A A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

RA FH<>: he term +public officer, includes e!e$tive and a--%intive %##i$ia!s and em-!%*ees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation from the -overnment RA A=<F: he term +public officials, includes elective and appointive officials and employees, permanent or temporary, whether in the career or non;career service, including military and police personnel, wNn they receive compensation RA =H?H: he term public officer means any person holding any public office in the -overnment by virtue of an appointment, election or contract RA <F=>: A public officer means any person holding any public office or employment by virtue of an appointment, election or contract, and any person holding any office or employment, by appointment or contract, in any 6tate owned or controlled corporation or enterprise

em-!%*ee+ a,ent+ %r s(2%rdinate %##i$ia! %# an* ran. %r $!ass b5 hat his authority to take part in the performance of public functions or to -er#%rm -(2!i$ d(ties must be: a. By direct provision of law 3La$/ b. By popular election 3Election/ c. By appointment by competent authority 3Appointment/

B. What

is the m%st im-%rtant $hara$teristi$ whi$h distin,(ishes a -(2!i$ %##i$e #r%m em-!%*mentI$%ntra$t Laurel v. "arcia he delegation to the individual of some sovereign functions of the government, to be exercised by him for the benefit of the public 3 road< legislative! e-ecutive or +udicial functions/ 't was further held that the length of time this function is exercised is '88A 2*'AL in determining whether or not heNshe is a public officer. =uery< Assuming the Truth %ommission is still valid! are its mem ers pu lic officers: 926. Being the creation of the .resident, the % exercises sovereign function of the government 32xecutive0 Dact finding5 B.<D%es a -ers%n have t% 2e (nder the -a*r%!! %# the ,%vernment #%r him t% 2e a -(2!i$ %##i$ia! (o. 't is a usual but () a necessary criterion for determining the nature of the position. 't is not conclusive. At most, compensation is not an essential element of public office. B.EIs the #irst ,ent!eman %r #irst !ad* a -(2!i$ %##i$er (ot necessarily. 4e must still exercise some sovereign function. =uery< 3uring &>As time! >ike Arroyo worked in the 14 y appointment of the 4resident. At the time he was e-ercising these functions! was a pu lic officer:

*ote: 6enate %ommittee on Accountability of .ublic )fficers and 'nvestigations @(risdi$ti%n: All matters relating to, including investigation of, malfeasance, misfeasance and nonfeasance in office by officers and employees of the government, its branches, agencies, subdivisions and instrumentalities0 implementation of the provision of the %onstitution on nepotism0 and investigation of any matter of public interest on its own initiative or brought to its attention by any member of the 6enate.

F. What is the de#initi%n %# -(2!i$ %##i$er

as -er 4(ris-r(den$e Sandi&an)ayan A7arcon v.

REQUI'ITE': A person must be:

aking part in the -er#%rman$e %# -(2!i$ #(n$ti%ns in the ,%vernment, or performing in said government any of its branches -(2!i$ d(ties as an H? 1 B A A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

a5

926. By appointment, he was exercising sovereign functions 3charity, etc5

B.F

Is the -rivate se$t%r re-resentative t% the ,%vernin, 2%ard %# an* ,%vernment a,en$* a -(2!i$ %##i$er :avier v. Sandi&an)ayan 9es. he fact that the person was appointed from the public sector and not from some other branches or agencies of the government does not take hisNher position outside of the meaning of a public office. he crucial test is still the performance of sovereign function.

B was dismissed, it doesn>t necessarily mean that the criminal case 3which involves the same facts and allegations5 should be dismissed also. G.<I# that is the $ase+ then when $an a dismissa! %# an admin $ase !ead t% an a$9(itta! 'n %onstantino v. "andigan ayan, it was held that if the admin case was dismissed due to the finding that the act from which the liability is anchored does not exist, the criminal case should likewise be dismissed. he 6% heavily relied on the principle of res judicata in ruling that the criminal case should be dismissed. G.EWhen $an the dismissa! %# an admin $ase !ead t% an a$9(itta! 'n Larin v. ,-ecutive "ecretary, the accused was acCuitted in the criminal case and the 6% later upheld the dismissal of the administrative case. his was because the very basis of the admin case agains the accused was his conviction in the criminal action. A. When ma* iss(es in a $ivi! $ase have a 2earin, in a $rimina! $ase arisin, #r%m the same #a$ts Ahen prejudicial Cuestions arise, the suspension of the criminal action may be availed of due to the pendency of .FM in a civil action. *ule !!< 6ec $: 2lements of .FM: a5 .reviously instituted civil action involves an issue similar or intimately related to the issue raised in the 61B62M12( criminal action b5 he resolution of such issue determines wNn the criminal action may proceed Cha-ter <: O6) and the 'andi,an2a*an =. D%es the O6) -%wer YE' have investi,at%r*

B.BIs a -rivate individ(a! $a!!ed (-%n t% assist in -er#%rmin, a ,%vernmenta! #(n$ti%n a -(2!i$ %##i$er (o, as held in the A7arcon case 3p!K5 B.GAs said 2e#%rehand+ a -rivate individ(a!s wh% has in his $har,e #(nds %r -r%-ert* %# the ,%vernment is he!d t% 2e !ia2!e (nder E<=/EE<. D%es this mean that individ(a! is deemed a -(2!i$ %##i$er (o. he provision only .2(AL':26 the private individual the same way a public officer is penali7ed. (owhere is it stated that he is deemed a public officer. G. What is the three/#%!d res-%nsi2i!it* %# a -(2!i$ %##i$er a5 %riminal b5 %ivil c5 Administrative his merely means that a public officer can be held liable for all three separately, alternately, simultaneously or successively. he only thing that differs is the Cuantum of proof reCuired. %riminal: .B*& %ivil: .reponderance Admin: 6ubstantial 't was held in ;errer v. "andigan ayan that just because an administrative case against HH 1 B A A& &'8ALA(

8enera! Investi,at%r* P%wer: he )8B shall investigate on its own, or on complaint A 8'*A(&A (AB)9A 61A*2:

by any person, any act or omission of any public official, employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient =.<What ma* the O6) d% in the e"er$ise %# its investi,at%r* -%wer a5 &irect the officer concerned to come up with the copies of documents concerning the contractsNtransactions entered into by his office involving the disbursement of fundsNproperty. 4e may report any irregularity to the %ommission on Audit for appropriate action b5 *eCuest any administrative agency for assistance and information necessary in the discharge of its responsibilities and if necessary, examine pertinent records c5 Administer oaths, issue subpoena and subpoena duces tecum and take testimony in any investigation or inCuiry d5 'nvestigate '8.2A%4ABL2 officials 3 ut not discipline them/ for the purpose of filing a verified complaint for impeachment 'n *A I$$K, the )8B can investigate and prosecute on its own or on the complaint of any persn, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. 't has primary jurisdiction over cases cogni7able by the 6angdiganbayan and in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of the -overnment, the investigation of such cases. Durther, the )8B even has contept power in accordance with the *o%. ?. D%es the O6) have administrative dis$i-!inar* a(th%rit* YE' he )8B shall have disciplinary authority over:

b5 members of the %abinet, c5 members of local government, d5 members of -)%%s and subsidiaries E"$e-t:

their

a5 )fficials who may removed only be impeachment b5 or over the members of the %ongress and c5 the members of the judiciary. d5 .ublic school teachers 1>B v. &alicia >. 8rantin, that the O6) has dis$i-!inar* a(th%rit*+ d%es this mean he is (s(r-in, the -%wer %# the head %# the %##i$e %# the -(2!i$ %##i$er $%n$erned (o. his is because the power of the )8B to investigate and prosecute any illegal actNomission of any public official is () exclusive B1 is shared with the head of officeNbody concerned. 'n fact, if an )8B +recommends, a sanction, the proper officer concerned must be the one to implement it. >.<Can an O6) dire$t!* im-%se the administrative -ena!ties %# rem%va!+ s(s-ensi%n+ dem%ti%n+ #ine+ $ens(re 9es. 4e has the power to dismiss erring public servants on the basis of his administrative disciplinary authority. >.EWhat are the ,r%(nds administrative $%m-!aint #%r an

a5 all elective and appointive officials of the government and its subdivisions, instrumentalities and agencies HI 1 B A A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

a5 Acts contrary to lawNregulations b5 1nreasonable, unfair, oppressive or discriminatory c5 'nconsistent with the general course of an agency>s functions though lawful d5 Acts based on a mistake of law, arbitrary ascertainment of facts e5 Acts in the exercise of discretionary powers but for an improper purpose f5 'rregulat, immoral or unjustified acts g5 *efusal to complyNdelay in compliance with the directive of the )8B h5 )ther grounds of 2) <"<

>.FH%w is an admin $%m-!aint #i!ed 'nitiated by a written complaint under oath accompanied by affidavits of witnesses. An admin proceeding may also be ordered by the )8BNhis deputy on his initiative or on the basis of a complaint originally filed as a criminal action or reCuest for assistance =uery< %an this admin proceeding e compelled y mandamus: (o. &iscretionary functions. >.B Ahat is the remedy of a public officer who is sanctioned by the )8BL *ule ?=: *esolutions of the )8B in admin disciplinary cases should be taken to the %A. >.G Ahen are the decisions of the )8B finalL 'f the penalty is public censure, reprimand or suspension of not more than one month, it shall be final and unappeasable. 'n all other cases, the right to appeal is given within !K days from receipt <H.D%es the O6) have the -%wer %# -reventive s(s-ensi%n YE' 9es, the )8B and his deputy can preventively suspend a public officer pending investigation .*)B'&2&: a5 he charge involves dishonesty, oppression, grave misconduct or neglect of duty b5 he charges would warrant removal c5 he respondent>s continued stay in office may prejudice the case filed against him 3Logically! how will the 1>B investigate if hes still around the office: #espondent can definitely hamper the investigation/ he preventive suspension shall not be more than I months but prior notice and hearing is () reCuired for the issuance of the order of preventive suspension H$ 1 B A A& &'8ALA( <<.D%es the O6) -r%se$(te YE' have -%wer t%

9es, generally, he can prosecute any public officer. he exception would be presidents, directorsNtrustees, or managers of -)%%s that were incorporated under the corporation code. he &)F prosecutors have that power. he )8B also has the power to grant immunity from criminal prosecution to any person whose testimonyNdocument may be necessary to determine the truth. <E.D%es the O6) have the -%wer t% re$%ver i!!/,%tten wea!th YE' 4e can investigateNinitiate the proper action for the recovery of ill;gotten wealth amassed after <N<HN#I After the cut;off date, the 6)L-2( shall file the action for forfeiture.

<F.

What are the %ther !esser -%wers %# the )8BL a5 .ower to receive complaints in any form or manner. a. )8B must act promptly on these complaints and if it finds the same baseless, it shall dismiss the same and inform the complainant b. 'f it finds a reasonable ground to investigate further, the public officerNemployee will be furnished with the complaint and will be reCuired to submit an answer within $< hours. 'f the answer is found satisfactory, the )8B shall dismiss b5 .ower to refer complaints to proper disciplinary authorities. a. he referral would be for the proper disciplinary authority for the institution of appropriate administrative proceedings

A 8'*A(&A (AB)9A 61A*2:

c5 .ower to deputi7e investigators, prosecutors and government lawyers d5 .ower to recommend policy <B.When $an the $%(rts inter#ere with the O6)s e"er$ise %# his investi,at%r*I-r%se$(t%r -%wers -*: he filing or non;filing of the information 3it requires the finding of pro a le cause/ is &'6%*2 ')(A*9 on the )8B>s part therefore it cannot be compelled by mandamus E:CEPTION: he 6% can review the )8B>s action when there is grave abuse of discretion on his part more particularly: a5 b5 o afford protection to the %onsti rights of the accused (ecessary for the orderly administration of justice .rejudicial Cuestions which is su +udice Ahen his actions is in excess of his authority Ahen he is prosecuting based on an ivalid law Ahen double jeopardy is clearly apparent Ahen the court has no jurisdiction Ahen it is persecution and the charges are manifestly false

c5
d5 e5 f5 g5 h5

<G.What are the remedies avai!a2!e a,ainst res%!(ti%n %# O6) in admin $ases )8B>s decision in admin cases: *ule ?=, appeal to the %A )8B>s decision finding probable cause and filing the information: *ule IH with the 6% )8B>s decision in finding LA%R of probable cause: *ule IH with the 6%

H# 1 B A

A& &'8ALA(

A 8'*A(&A (AB)9A 61A*2:

<A. Ahat crimes and offenses are under the exclusive original jurisdiction of the 6BL a5 Biolations of *A =K!", &irect bribery, indirect bribery, Cualified bribery and corruption of public officials b5 )ther offenses or felonies whether simple or complexed with crimes committed by public officials c5 %ivil and criminal cases filed pursuant to and in connection with 2) !, <, !? and !?;A d5 )ther violations as long as committed in relation to office: namely robbery, murder, falsification of public documents, homicide <=. Aho are the public officers who may be charged before the 6BL 6B has 2)F where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense: 3!5 )fficials of the executive branch occupying the positions of regional director and higher, otherwise classified as -rade V<$V and higher, of the %ompensation and .osition %lassification Act of !"#" 3*epublic Act (o. I$H#5, specifically including: W3a5 .rovincial governors, vice;governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads0 W3b5 %ity mayors, vice; mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads0 W3c5 )fficials of the diplomatic service occupying the position of consul and higher0 H" 1 B A A& &'8ALA(

3d5 .hilippine army and air force colonels, naval captains, and all officers of higher rank0 3e5 )fficers of the .hilippine (ational .olice while occupying the position of provincial director and those holding the rank of senior superintendent or higher0 3f5 %ity and provincial prosecutors and their assistants, and officials and prosecutors in the )ffice of the )mbudsman and special prosecutor0 3g5 .residents, directors or trustees, or managers of government;owned or ;controlled corporations, state universities or educational institutions or foundations0 3<5 8embers of %ongress and officials thereof classified as -radeV<$Vand up under the %ompensation and .osition %lassification Act of !"#"0 3=5 8embers of the judiciary without prejudice to the provisions of the %onstitution0 3?5 %hairmen and members of %onstitutional %ommissions, without prejudice to the provisions of the %onstitution0 and 3H5 All other national and local officials classified as -radeV<$Vand higher under the %ompensation and .osition %lassification Act of !"#". (ote: 2nding v. "andigan ayan: H groupings: a5 )fficials of the executive branch, with 6-<$ or higher a. Durther specification 3!XaY;!XgY of the list above5 b. '8.)* A( : hese officials are within 2)F of 6B regardless of salary grade

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b5 8embers of %ongress and officials classified as 6-<$ or higher c5 8embers of the judiciary d5 %harimen and members of %onsti %ommissions e5 All other national and local officials classified as 6-<$ and higher

meaning, the offense cannot and could not have existed without the office. 8ontilla vs. 4ilario E:: Although public office is not an element of an offense charged, as long as the offense $har,ed in the in#%rmati%n is intimate!* $%nne$ted with the %##i$e and is a!!e,ed t% have 2een -er-etrated whi!e the a$$(sed was in the -er#%rman$e %# his %##i$ia! #(n$ti%ns, there being n% -ers%na! m%tive t% $%mmit the $rime ;'ad 'e not 'eld t'at office< .eople vs. 8ontejo I!!(strative $ases %# %##enses $%mmitted in re!ati%n t% %##i$e 1. %risostomo vs. "andigan ayan: %ommission of murder by jail guard against the prisoner;victim. he function of a jail guard is to insure safe custody of persons detained in the jail. he information in this case alleges that the victim was a detention prisoner when %risostomo, jail guard, conspired with inmates to kill him 2. ,ste an vs. "andigan ayan: Acts of lasciviousness were committed in relation to petitioner>s office as a presiding judge because as presiding judge, he is vested with the power to recommend the appointment of a bookbinder. 4is imposition of a condition that the one he would appoint as bookbinder 3complainant5 would have to be his girlfriend and report to his office everyday for a kiss shows that petitioner used his official position in committing acts of lasciviousness. 3. Alarilla vs. "andigan ayan< 8unicipal mayor 3petitioner5 committed grave threats against the municipal councilor 3complainant5 when mayor aimed a gun and threatened to kill councilor during a public hearing, after the councilor had rendered a privileged speech which was critical of mayor>s administration. 'f he was not mayor, he would not have been irritated or angered by whatever the

<?.

Lacson v. ,-ecutive "ecretary: he following reCuisites must concur to fall under the 2)F of the 6B: !5 he offense committed is a: a. Biolation of *A =K!" b. Biolation of *A !=$" c. *.%: Law on bribery d. 2) !, <, !?, !?;A e. )ther offenses or felonies whether simple or complexed with other crimes <5 he offender committing offenses in A, B and 2 is a -(2!i$ %##i$ia! %r em-!%*ee h%!din, an* %# the -%siti%ns en(merated in the !ist a2%ve =5 he offense committed is in re!ati%n t% hisIher %##i$e a. E:CEPTION' to this reCuisite 3in other words! it doesnt have to e in relation to office to fall under "B ,1?/ i. 'e9(estrati%n $ases filed against 8arcos his family and cronies ii. .rivate individuals who are $har,ed as $%/ -rin$i-a!s+ a$$%m-!i$es %r a$$ess%ries with the POIem-!%*ees 3however! the 41 they are charged with must have committed it in relation to their office/ iii. Biolation of e!e$ti%n !aws

<>.What is the meanin, %# the term+ Jin re!ati%n t% %##i$eK 8R: Dor an offense to be committed in relation to the office, the relation between the crime and the office must be direct, IK 1 B A A& &'8ALA(

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complainant might have said during his privilege speech.

EH.

EE.D%es ') have 4(risdi$ti%n %ver %##i$ers %# 8OCCs in$%r-%rated (nder the C%r-%rati%n C%de 926. 6B has jurisdiction over both types of corporations whether it be incorporated under the %orp %ode or by law 3an original charter5 4owever, )8B will prosecute if -)%% has original charter while normal prosecutors will prosecute if under the %orp code. 4eople vs. "andigan ayan held that 6andiganbayan has jurisdiction over presidents, directors or trustees, or managers of -)%%s with %ri,ina! $harters and th%se in$%r-%rated (nder the C%r-%rati%n C%de whenever charges of graft and corruption are involved, since the legislature has refrained from making any distinction with respect to the manner of their creation. o Wh% wi!! -r%se$(te when said %##i$ers are $har,ed 2e#%re 'andi,an2a*an o Ori,ina! $harter: )mbudsman o Under the C%r-%rati%n C%de: *egular prosecutors *'y t'e distinction! Based Art. E' 6ec. != 3<5 of the !"#$ %onstitution, the )ffice of the )mbudsman exercises jurisdiction over public officialsNemployees of -)%%s with original charters.

When m(st the in#%rmati%n $%ntain s-e$i#i$ a!!e,ati%ns sh%win, the intimate $%nne$ti%n 2etween the $rime $har,ed and the -(2!i$ %##i$e he!d 2* the a$$(sed %arri&a v. Sandi&an)ayan here are actually two classes of public office;related crimes or offenses namely:

a5 C%nstit(ent

E!ement: %rimes or felonies in which the public office is a $%nstit(ent e!ement as defined by statute, meaning that the $rime $ann%t e"ist with%(t the %##i$e/O 6B has original jurisdiction, no need to state specific factual allegations b5 Intimate!* C%nne$ted: 6uch offenses or felonies which are intimate!* $%nne$ted with the public office and are perpetrated by the public officer while in the performance of his official functions ;Z 6B has original jurisdiction but information must contain specific factual allegations showing the intimate connection Ahen the accused>s public office is not a constituent element of the crime charged, bare allegation in the information that the accused +committed the crime charged in relation to office, is not sufficient for a valid information. he specific allegations of facts that show the intimate connection between the commission of the offense charged and the discharge of official functions of the public officers determine the jurisdiction of 6andiganbayan 3"oller et al. vs. "andigan ayan5 E<.6a* -rivate individ(a!s 2e $har,ed 2e#%re the ') YE'. E sit(ati%ns

EF.Is sa!ar* ,rade im-%rtant determinin, i# ') has EO@

in

a5 Ahen private individuals are criminally

charged as co;principals, accomplices, accessories with the public officers or employees 3who must e under the enumeration/ b5 6eCuestration cases filed under 2) !, <, !? and !?;A to recover ill;gotten wealth I! 1 B A A& &'8ALA(

(ot necessarily. *eference has to be made on the list. his is important because an officer may be an officer with a salary grade below <$ but still expressly included in 6B>s jurisdiction.

A 8'*A(&A (AB)9A 61A*2:

EB.What is 4(risdi$ti%n

the

e"tent

%#

');s

*ules of %riminal .rocedure as amended, as the case may be. 'EC. E. 4etition for #eview.; Appeal to the 6andiganbayan from a decision of the *egional rial %ourt in the exercise of its appellate jurisdiction shall be by .etition for *eview under *ule ?< of the !""$ *ules of %ivil .rocedure. EA. What ha--ens when an a--ea! is err%ne%(s!* 2r%(,ht t% CA instead %# 'andi,an2a*an ,stari+a vs. 4eople et al. provides that erroneously filing an appeal with the %A instead of to the 6andiganbayan does not toll the running of the period for him to perfect his appeal to the 6andiganbayan. >elencion vs. "andigan ayan held that an appeal erroneously taken to the %A shall not be transferred to the appropriate court but shall be dismissed right away. E=. What is the e##e$t %# the r(!in, in People vs. (ateo %n 'andi,an2a*an;s a--e!!ate 4(risdi$ti%n he rationale of the >ateo ruling is that there must be an intermediate review by a subordinate appellate court before the case is elevated to the 6% in order that all possible avenues to determine his guilt or innocence must be accorded an accused if the penalty imposed is death 3now abolished5, reclusion perpetua or life imprisonment. 6upposing * %, in its original jurisdiction, imposes a penalty of reclusion perpetua in a Cualified bribery case against a police officer with a salary grade !?. 6aid case reCuires a mandatory review. Ahere can the police officer appeal his conviction / to the %A or to 6andiganbayanL 't must be appealed to the 6andiganbayan because .& !IKI has conferred upon it an exclusive appellate jurisdiction over decisions and final orders of * %s in cases involving graft and corruption E?. What is the 4(risdi$ti%n %# the re,(!ar $%(rts %ver ,ra#t and $%rr(-ti%n $ases

'andi,an2a*an has e"$!(sive %ri,ina! 4(risdi$ti%n %ver the a$$(sed i# the a$$(sed 2e!%n,s t% an* %# the #ive CGD $ate,%ries en(merated in 'e$. BCaD #r%m C<D t% CGD %# PD <AHA CRevisin, PD <B?A Creatin, A '-e$ia! C%(rt T% )e &n%wn As 'ANDI8AN)AYAND: @ &eduspan et al. vs. "andigan ayan held that it is of no moment that the position of petitioner 3&epartment &irector A of .hil4ealth X-)%%Y5 is merely classified as salary grade <I since the second part of 6ection ?3a5 of .& !IKI +specifically includes, other executive officials whose positions may not be of grade <$ and higher but who are by express provision of law placed under the jurisdiction of said court. It is the -%siti%n that petitioner holds, not her salary grade, that determines the 4(risdi$ti%n %# 'andi,an2a*an. P2nding vs. "andigan ayan states that the specific inclusion of the foregoing officials constitutes an exception to the general Cualification relation to officials of the executive branch occupying the positions with salary grade <$ or higher. EG.What is 'andi,an2a*an;s e"$!(sive a--e!!ate 4(risdi$ti%n 6ection ? of .& !IKI, as amended by *A #<?", provides that the 6andiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of * %s whether in the exercise of their own original jurisdiction or of their appellate jurisdiction over graft and corruption cases 6%des %# a--ea!: *ule E' 6ections ! and < of #evised 2nternal #ules of "andigan ayan provide: 'ECTION <. 1rdinary Appeal.; Appeal to the 6andiganbayan from a decision rendered by a *egional rial %ourt in the exercise of its original jurisdiction shall be by ordinary appeal under *ules ?! and ?? of the !""$ *ules of %ivil .rocedure or *ules !<< and !<? of the I< 1 B A A& &'8ALA(

2xclusive original jurisdiction shall be vested in the proper * %, 8e %, 8 %, 8% % pursuant to A 8'*A(&A (AB)9A 61A*2:

their respective jurisdictions as provided in B. !<": 3a5 Biolations of *A =K!" 3Anti; -raft and %orrupt .ractices Act5 and %hapter '', 6ection <, itle B'', Book '' of the *.%0 and 3b5 )ther offenses or felonies whether simple or complexed with other crimes committed by public officials and employees in relation to their office, 4rovided that! 3i5 (one of the accused is a public officer belonging to any of the five categories enumerated in 6ection ?3a5 from 3!5 to 3H5 of .& !IKI0 or (ii) he only accused is a private individual or individuals in appropriate cases. 6uppose the accused is a stockholder of a private entity negotiating with L ) and brother;in;law of the .resident of the *epublic. &uring negotiations, accused intervened and convinced the .resident to order the L ) to sign the contract. Accused was charged with violation of *A =K!" which prohibits certain relatives of high;ranking government officials +to intervene, directly or indirectly, in any business, transaction with the -overnment., Ahich court has jurisdiction over the case, 6andiganbayan or regular courtsL 'andi,an2a*an d%es n%t have 4(risdi$ti%n because accused is a private individual 3who cannot commit an offense in relation to office5 and he is not charged as a co;principal, accomplice or accessory with any public officer. 'f the regular court convicts the accused, he can appeal his conviction to the %A.

Case D%$trines <. ARNAULT vs. NANARENO Although there is no provision in the %onstitution expressly investing either 4ouse of %ongress with power to make investigations and exact testimony to the end that it may exercise its legislative functions as to be implied. In ot'er $ords8 t'e po$er of inquiry = $it' process to enforce it = is an essential and appropriate au iliary to t'e le&islative function. )nce an inCuiry is admitted or established to be within the jurisdiction of a legislative body to make, the investigating committee has the power to reCuire a witness to answer any Cuestion pertinent to that inCuiry, subject of course to his constitutional right against self; incrimination. If t'e su)9ect of investi&ation )efore t'e committee is $it'in t'e ran&e of le&itimate le&islative inquiry and t'e proposed testimony of t'e $itness called relates to t'at su)9ect8 o)edience8 to its process may )e enforced )y t'e committee )y imprisonment. E. 'ENATE vs. ER6ITA 6ection ! specifically applies to department heads. 't does not, unlike 6ection =, reCuire a prior determination by any official whether they are covered by 2.). ?I?. he reCuired prior consent under 6ection ! is grounded on Article B', 6ection << of the %onstitution on what has been referred to as the Cuestion hour. 6ection !, in view of its specific reference to 6ection << of Article B' of the %onstitution and the absence of any reference to inCuiries in aid of legislation, must be construed as limited in its

I= 1 B A

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application to appearances of department heads in the Cuestion hour contemplated in the provision of said 6ection << of Article B'. he reCuirement then to secure presidential consent under 6ection !, limited as it is only to appearances in the Cuestion hour, is va!id on its face. Dor under 6ection <<, Article B' of the %onstitution, the appearance of department heads in the Cuestion hour is discretionary on their part. 6ection ! cannot, however, be applied to appearances of department heads in inCuiries in aid of legislation.

t'e President8@ $'ic' means t'at 'e personally consulted $it' 'er. T'e privile&e )ein& an e traordinary po$er8 it must )e $ielded only )y t'e 'i&'est official in t'e e ecutive 'ierarc'y. In ot'er $ords8 t'e President may not aut'ori7e 'er su)ordinates to e ercise suc' po$er. F. NERI vs 'ENATE he communications elicited by the three Cuestions are covered by executive privilege. 't must be stressed that the revocation of 2.). ?I? does not in any way diminish our concept of executive privilege. T'ere are t$o ;2< +inds of e ecutive privile&e0 one is t'e presidential communications privile&e and8 t'e ot'er is t'e deli)erative process privile&e. T'e former pertains to @communications8 documents or ot'er materials t'at reflect presidential decisionAma+in& and deli)erations and t'at t'e President )elieves s'ould remain confidential.@ T'e latter includes Badvisory opinions8 recommendations and deli)erations comprisin& part of a process )y $'ic' &overnmental decisions and policies are formulated.@ Presidential communications privile&e applies to decisionAma+in& of t'e President $'ile8 t'e deli)erative process privile&e8 to decisionAma+in& of e ecutive officials. he first is rooted in the constitutional principle of separation of power and the .residentVs uniCue constitutional role0 the se$%nd on common law privilege. Cnli+e t'e deli)erative process privile&e8 t'e presidential communications privile&e applies to documents in t'eir entirety8 and covers final and postA decisional materials as $ell as preA deli)erative ones. As a consequence8 con&ressional or 9udicial ne&ation of t'e presidential communications privile&e is al$ays su)9ect to &reater scrutiny t'an denial of t'e deli)erative process privile&e.

3<5. T'e claim of privile&e under Section 3 of E.O. 4>4 in relation to Section 2;)< is t'us invalid per se. It is not asserted. It is merely implied. Instead of providin& precise and certain reasons for t'e claim8 it merely invo+es E.O. 4>48 coupled $it' an announcement t'at t'e President 'as not &iven 'er consent. Section 2;)< in relation to Section 3 virtually provides t'at8 once t'e 'ead of office determines t'at a certain information is privile&ed8 suc' determination is presumed to )ear t'e President?s aut'ority and 'as t'e effect of pro'i)itin& t'e official from appearin& )efore #on&ress8 su)9ect only to t'e e press pronouncement of t'e President t'at it is allo$in& t'e appearance of suc' official. hese provisions thus allow the .resident to authori7e claims of privilege by mere silence. Suc' presumptive aut'ori7ation8 'o$ever8 is contrary to t'e e ceptional nature of t'e privile&e. T'e doctrine of e ecutive privile&e is t'us premised on t'e fact t'at certain informations must8 as a matter of necessity8 )e +ept confidential in pursuit of t'e pu)lic interest. T'e privile&e )ein&8 )y definition8 an e emption from t'e o)li&ation to disclose information8 in t'is case to #on&ress8 t'e necessity must )e of suc' 'i&' de&ree as to out$ei&' t'e pu)lic interest in enforcin& t'at o)li&ation in a particular case. In li&'t of t'is 'i&'ly e ceptional nature of t'e privile&e8 t'e #ourt finds it essential to limit to t'e President t'e po$er to invo+e t'e privile&e. S'e may of course 'n the case at bar, E ecutive Secretary aut'ori7e t'e E ecutive Secretary to Ermita premised 'is claim of e ecutive invo+e t'e privile&e on 'er )e'alf8 in privile&e on t'e &round t'at t'e $'ic' case t'e E ecutive Secretary must communications elicited )y t'e t'ree ;3< state t'at t'e aut'ority is @%y order of I? 1 B A A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

questions @fall under conversation and correspondence )et$een t'e President and pu)lic officials@ necessary in @'er e ecutive and policy decisionAma+in& process@ and8 t'at @t'e information sou&'t to )e disclosed mi&'t impair our diplomatic as $ell as economic relations $it' t'e PeopleBs -epu)lic of #'ina.@ Simply put8 t'e )ases are presidential communications privile&e and e ecutive privile&e on matters relatin& to diplomacy or forei&n relations. Elements of presidential communications privile&e8 to $it! 1< T'e protected communication must relate to a @quintessential and nonAdele&a)le presidential po$er.@ 2< T'e communication must )e aut'ored or @solicited and received@ )y a close advisor of t'e President or t'e President 'imself. T'e 9udicial test is t'at an advisor must )e in @operational pro imity@ $it' t'e President. 3< T'e presidential communications privile&e remains a qualified privile&e t'at may )e overcome )y a s'o$in& of adequate need8 suc' t'at t'e information sou&'t @li+ely contains important evidence@ and )y t'e unavaila)ility of t'e information else$'ere )y an appropriate investi&atin& aut'ority. 1sing the above elements, we are convinced that, indeed, the communications elicited by the three 3=5 Cuestions are covered by the presidential communications privilege. ;irst, the communications relate to a WCuintessential and non;delegable powerW of the .resident, i.e. the -%wer t% enter int% an e"e$(tive a,reement with %ther $%(ntries. "econd, the communications are WreceivedW by a close advisor of the .resident. 1nder the Woperational proximityW test, petitioner can be considered a close advisor, being a member of .resident ArroyoVs cabinet. And third, there is no adeCuate showing of a compelling need that would justify the limitation of the privilege and of the unavailability of the information elsewhere by an appropriate investigating authority. 3<5 *espondent %ommittees committed grave abuse of discretion in issuing the IH 1 B A A& &'8ALA(

contempt )rder in view of five 3H5 reasons. ;irst, there being a legitimate claim of executive privilege, the issuance of the contempt )rder suffers from constitutional infirmity. "econd, respondent %ommittees did not comply with the reCuirement laid down in "enate v. ,rmita that the invitations should contain the Wpossible needed statute which prompted the need for the inCuiry,W along with Wthe usual indication of the subject of inCuiry and the Cuestions relative to and in furtherance thereof.W 1nfortunately, despite petitionerVs repeated demands, respondent %ommittees did not send him an advance list of Cuestions. Third, a reading of the transcript of respondent %ommitteesV Fanuary =K, <KK# proceeding reveals that only a minority of the members of the 6enate Blue *ibbon %ommittee was present during the deliberation. 6ection !# of the #ules of 4rocedure &overning 2nquiries in Aid of Legislation provides that:W he %ommittee, 2* a v%te %# ma4%rit* of all its members, may punish for contempt any witness before it who disobeys any order of the %ommittee or refuses to be sworn or to testify or to answer proper Cuestions by the %ommittee or any of its members.W %learly, the needed vote is a ma4%rit* of all the members of the %ommittee. And fift', respondent %ommitteesV issuance of the contempt )rder is arbitrary and precipitate. 't must be pointed out that respondent %ommittees did n%t first pass upon the claim of executive privilege and inform petitioner of their ruling. 'nstead, they curtly dismissed his explanation as WunsatisfactoryW and simultaneously issued the )rder citing him in contempt and ordering his immediate arrest and detention. B. NERI vs 'ENATE 'e-tem2er B+ EHH? D C8.R. <?HABF+

T'e privile&e is fundamental to t'e operation of &overnment and ine trica)ly rooted in t'e separation of po$ers under t'e #onstitution *'en #on&ress e ercises its po$er of inquiry8 t'e only $ay for department 'eads to e empt t'emselves t'erefrom is )y a valid claim of privile&e. T'ey are not e empt )y t'e mere fact t'at t'ey are department 'eads. )nly %ne executive official may be exempted from this power ; the President on whom executive

A 8'*A(&A (AB)9A 61A*2:

power is vested, hence, beyond the reach of %ongress except through the power of impeachment. Only communications at t'at level are close enou&' to t'e President to )e revelatory of 'is deli)erations or to pose a ris+ to t'e candor of 'is advisers. ;it is @operational pro imity@ to t'e President t'at matters in determinin& $'et'er @DtE'e President?s confidentiality interests@ is implicated<. =5 T'e conte t in $'ic' e ecutive privile&e is )ein& invo+ed is t'at t'e information sou&'t to )e disclosed mi&'t impair our diplomatic as $ell as economic relations $it' t'e People?s -epu)lic of #'ina. -iven the confidential nature in which this information were conveyed to the .resident, he cannot provide the %ommittee any further details of these conversations, without disclosing the very thing the privilege is designed to protect. he %ourt denied the petition, stressing that @secrecy of ne&otiations $it' forei&n countries is not violative of t'e constitutional provisions of freedom of speec' or of t'e press nor of t'e freedom of access to information.@ G. 'A)IO vs. 8ORDON he !"#$ %onstitution recogni7es the power of investigation, not just of %ongress, but also of +any of its committee., 't constitutes a dire$t $%n#erra! of investigatory power upon the committees and it means that the mechanisms which the 4ouses can take in order to effectively perform its investigative function are also available to the committees. Section 4;)< is directly repu&nant $it' Article VI8 Section 21. Section 4;)< e empts t'e P#"" mem)ers and staff from t'e #on&ress? po$er of inquiry. ,o$'ere in t'e #onstitution is any provision &rantin& suc' e emption. #on&ress? po$er of inquiry8 )ein& )road8 encompasses everyt'in& t'at concerns t'e administration of e istin& la$s as $ell as proposed or possi)ly needed statutes. It even e tends Fto &overnment a&encies created )y #on&ress and officers $'ose positions are $it'in t'e po$er of II 1 B A A& &'8ALA(

#on&ress to re&ulate or even a)olis'.G P#"" )elon&s to t'is class. %ertainly, a mere provision of law cannot pose a limitation to the broad power of %ongress, in the absence of any constitutional basis. )ne important limitation on the %ongress> power of inCuiry is that +the rights of persons appearing in or affected by such inCuiries shall be respected., his is just another way of saying that the power of inCuiry must be +subject to the limitations placed by the %onstitution on government action. 1nder the present circumstances, the alleged anomalies in the .4'L%)86A , .4% and .) %, ranging in millions of pesos, and the conspiratorial participation of the .%-- and its officials are compelling reasons for the 6enate to exact vital information from the directors and officers of .hilcomsat 4oldings %orporations, as well as from %hairman 6abio and his %ommissioners to aid it in crafting the necessary legislation to prevent corruption and formulate remedial measures and policy determination regarding .%-->s efficacy. A. 8UDANI 7'. 'EN8A he ability of the .resident to reCuire a military official to secure prior consent before appearing in %ongress pertains to wholly different and independent specie of presidential authority[the commander;in;chief powers of the .resident. By tradition and jurisprudence, the commander;in;chief powers of the .resident are not encumbered by the same degree of restriction as that which may attach to executive privilege or executive control.

he ability of the .resident to prevent military officers from testifying before %ongress does not turn on executive privilege, but on the %hief 2xecutive>s power as commander;in;chief to control the actions and speech of members of the armed forces and as a conseCuence, a military officer who defies such injunction is liable under military justice. he .resident>s prerogatives as commander;in;chief are not hampered by the same limitations as in executive privilege. he commander;in;chief provision in the %onstitution is denominated as 6ection !#, Article B'', which begins with the simple declaration that +XtYhe .resident shall be the %ommander;in;%hief of all armed forces of the .hilippines. )utside explicit constitutional A 8'*A(&A (AB)9A 61A*2:

limitations, such as those found in 6ection H, Article EB', the commander;in;chief clause vests on the .resident, as commander;in;chief, absolute authority over the persons and actions of the members of the armed forces. 6uch authority includes the ability of the .resident to restrict the travel, movement and speech of military officers, activities which may otherwise be sanctioned under civilian law. =. CARPIO
7'.

E:ECUTI7E 'ECRETARY

As a general rule, a petition for certiorari will not be entertained unless the administrative agency has had, through a motion for reconsideration, a chance to correct the error imputed to it. his rule is subject, however, to exceptions, among which are the following, namely: !5 where the issue raised is one purely of law0 <5 where public interest is involved0 and =5 in case of urgency. he rule reCuiring exhaustion of remedies does not call for an exercise in futility. .revious notice and hearing, as elements of due process, are constitutionally reCuired for the protection of life or vested property rights, as well as of liberty, when its limitation or loss takes place in conseCuence of a judicial or Cuasi;judicial proceeding, generally dependent upon a past act or event which has to be established or ascertained. Ahere the function of the administrative body is legislative, notice or hearing is not reCuired by due process of law. W'f the nature of the administrative agency is essentially legislative, the reCuirements of notice and hearing are not necessary. he validity of a rule of future action which affects a group, if vested rights of liberty or property are not involved, is not determined according to the same rules which apply in the case of the direct application of a policy to a specific individual. .rocedural due process is not reCuired, however, in the formulation and issuance of general rules and regulation as distinguished from the rendering of determinations and decisions in adjudicatory proceedings. (or is procedural due process reCuired where there is no interference with life, liberty, or a vested property right. >. '6ART CO6 vs. NTC 'n Cuestioning the validity or constitutionality of a rule or regulation issued by an administrative agency, a party need not exhaust administrative remedies before going to court. 2xhaustion applies only where the act of the administrative agency concerned was performed pursuant to its Cuasi;judicial function, and not when the assailed act pertained to its rule;making or Cuasi;legislative power. 4owever, where what is assailed is the validity or constitutionality of a rule or regulation issued by the administrative agency in the

he %onstitution provides that the .resident has control of all executive departments, bureaus, and offices. As a corollary rule to the control powers of the .resident, is the doctrine of Mualified .olitical AgencyW. 1nder this doctrine, Wall executive and administrative organi7ations are adjuncts of the 2xecutive &epartment, the heads of the various executive departments are assistants and agents of the %hief 2xecutive, and, except in cases where the %hief 2xecutive is reCuired by the %onstitution or law to act in person on the exigencies of the situation demand that he act personally, the multifarious executive and administrative functions of the %hief 2xecutive are performed by and through the executive departments, and the acts of the 6ecretaries of such departments, performed and promulgated in the regular course of business, unless disapproved or reprobated by the %hief 2xecutive presumptively the acts of the %hief 2xecutive.W hus, and in short, the .residentVs power of control is directly exercised by him over the members of the %abinet who, in turn, and by his authority, control the bureaus and other offices under their respective jurisdictions in the executive department. 6uch organi7ational set;up 3of .(. and (A.)L%)85 does not detract from the mandate of the %onstitution that the national police force shall be administered and controlled by a national police commission as at any rate, and in fact, the Act in Cuestion adeCuately provides for administration and control at the commission level. .(., as a civilian agency of the government, properly comes within, and is subject to, the exercise by the .resident of the power of executive control.

8. CENTRAL )AN& vs. CLORI)EL I$ 1 B A A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

performance of its Cuasi;legislative function, the regular courts have jurisdiction to pass upon the same. he determination of whether a specific rule or set of rules issued by an administrative agency contravenes the law or the constitution is within the jurisdiction of the regular courts. he %onstitution vests the power of judicial review or the power to declare a law, treaty, international or executive agreement, presidential decree, order, instruction, ordinance, or regulation in the courts, including the regional trial courts.

and essential reCuirements of due process in trials and investigations of an administrative character. here are primary rights which must be respected even in proceedings of this character: 3!5 he *ight to a 4earing, which includes the right of the party interested or affected to present his own case and submit evidence in support thereof. 3<5 he ribunal must consider the evidence presented. 3=5 he &ecision must have something to support itself. 3?5 he 2vidence must be substantial. 3H5 he decision must be rendered on the evidence presented at the hearing, or at least contained in the record and disclosed to the parties affected. 3I5 he %ourt of 'ndustrial *elations or any of its judges, therefore, must act on its or his own independent consideration of the law and facts of the controversy, and not simply accept the views of a subordinate in arriving at a decision. 3$5 he %ourt of 'ndustrial *elations should, in all controversial Cuestions, render its decision in such a manner that the parties to the proceeding can know the various issues involved, and the reasons for the decision rendered. <<.5IR'T PHILIPPINE HOLDIN8' CORPORATION vs. 'ANDI8AN)AYAN 'ntervention is a remedy by which a third party, not originally impleaded in a proceeding, becomes a litigant therein to enable him to protect or preserve a right or interest which may be affected by such proceeding. 'ts purpose is Wto settle in one action and by a single judgment the whole controversy 3among5 the persons involvedW 1nder the rule above;Cuoted, intervention shall be allowed when a person has: a legal interest in the matter in litigation0 or in the success of any of the parties or an interest against the parties or when he is so situated as to be adversely affected by a distribution or disposition of property in the custody of the court or of an officer thereof.

10. AN8 TI)AY vs. CIR

*ature and 4owers of the %ourt of 2ndustrial #elations< he %ourt of 'ndustrial *elations is a special court whose functions are specifically stated in the law of its creation. 't is more an administrative than a part of the integrated judicial system of the nation. 1nlike a court of justice which is essentially passive, acting only when its jurisdiction is invoked and deciding only cases that are presented to it by the parties litigant, the function of the %'*, is more active, affirmative and dynamic. 't has jurisdiction over the entire .hilippines, to consider, investigate, decide, and settle any Cuestion, matter controversy or dispute arising between, andNor affecting employers and employees or laborers, and regulate the relations between them. 't shall also endeavor for the reconciliation of the parties and induce them to settle the dispute amicably before continuing with the case. here is a mingling of executive and judicial functions in the %'*, which is a departure from the rigid doctrine of the separation of governmental powers. he Act 3creating %'*5 reCuires it to Wact according to justice and eCuity and substantial merits of the case, without regard to technicalities or legal forms and shall not be bound by any technicalities or legal forms and shall not be bound by any technical rules of legal evidence but may inform its mind in such manner as it may deem just and eCuitable.W

he fact that the %'* may be said to be free from the rigidity of certain procedural reCuirements does not mean that it can entirely ignore or disregard the fundamental I# 1 B A A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

hat allowing the intervention may entail some delay in the proceedings. After all, there may be even longer delays and, worse, confusion in processes and rulings, and uncertainty in results, if intervention is not allowed. As provided under *ule !<, 6ec. < 3b5, intervention shall be allowed Win the exercise of discretionW by a court. )rdinarily, mandamus will not prosper to compel a discretionary act. But where there is Wgross abuse of discretion, manifest injustice or palpable excess of authorityW eCuivalent to denial of a settled right to which petitioner is entitled, and there is no other plain, speedy and adeCuate remedy, the writ shall issue. <E.U' vs. PANLILIO he fact that the information in its preamble charged a violation of an Act does not prevent the %ourt from finding the accused guilty of a violation of an article of the .enal %ode. 6% would not permit an accused to be convicted under one Act when he is charged with the violation of another, if the change from one statute to another involved a change of the theory of the trial or reCuired of the defendant a different defense or surprised him in any other way.

he lawmaking body cannot possibly provide for all the details in the enforcement of a particular statute. he grant of the rule;making power to administrative agencies is a relaxation of the principle of separation of powers and is an exception to the non; delegation of legislative powers. Administrative regulations are necessary because of Wthe growing complexity of modem life, the multiplication of the subjects of governmental regulations, and the increased difficulty of administering the lawW. he rule;making power must be confined to details for regulating the mode or proceeding to carry into effect the law as it his been enacted. he power cannot be extended to amending or expanding the statutory reCuirements or to embrace matters not covered by the statute.

<B: 7i$t%ria 6i!!in, 't will thus be seen that whereas prior to the amendment, bonuses, allowances, and overtime pay given in addition to the regular or base pay were expressly excluded, or exempted from the definition of the term WcompensationW, such exemption or exclusion was deleted by the amendatory law. 't thus became necessary for the 6ocial 6ecurity %ommission to interpret the effect of such deletion or elimination. %ircular (o. << was, therefore, issued to apprise those concerned of the interpretation or understanding of the %ommission, of the law as amended, which it was its duty to enforce. 't did not add any duty or detail that was not already in the law as amended. 't merely stated and circulari7ed the opinion of the %ommission as to how the law should be construed. <B.PHILIPPINE CON'U6ER' 5OUNDATION+ INC. vs. 'ECRETARY O5 EDUCATION+ CULTURE AND 'PORT' he function of prescribing rates by an administrative agency may be either a legislative or an adjudicative function. 'f it were a legislative function, the grant of prior notice and hearing to the affected parties is not a

13. PEOPLE vs. 6ACEREN

he lawmaking body cannot delegate to an executive official the power to declare what acts should constitute an offense. 't can authori7e the issuance of regulations and the imposition of the penalty provided for in the law itself.

Administrative agents are clothed with rule; making powers because the lawmaking body finds it impracticable, if not impossible, to anticipate and provide for the multifarious and complex situations that may be encountered in enforcing the law. All that is reCuired is that the regulation should be germane to the defects and purposes of the law and that it should conform to the standards that the law prescribes. I" 1 B A A& &'8ALA(

A 8'*A(&A (AB)9A 61A*2:

reCuirement of due process. As regards rates prescribed by an administrative agency in the exercise of its quasi;judicial function, prior notice and hearing are essential to the validity of such rates. Ahen the rules andNor rates laid down by an administrative agency are meant to apply to all enterprises of a given kind throughout the country, they may partake of a legislative character. Ahere the rules and the rates imposed apply exclusively to a particular party, based upon a finding of fact, then its function is quasi;judicial in character. <G.'UN7ILLE vs. @UD8E A)AD he doctrine of exhaustion of administrative remedies calls for resort first to the appropriate administrative authorities in the resolution of a controversy falling under their jurisdiction before the same may be elevated to the courts of justice for review. (on;observance of the doctrine results in lack of a cause of action, which is one of the grounds allowed in the *ules of %ourt for the dismissal of the complaint. he deficiency is not jurisdictional. Dailure to invoke it operates as a waiver of the objection as a ground for a motion to dismiss and the court may then proceed with the case as if the doctrine had been observed. )ne of the reasons for the doctrine of exhaustion is the separation of powers. he theory is that the administrative authorities are in a better position to resolve Cuestions addressed to their particular expertise and that errors committed by subordinates in their resolution may be rectified by their superiors if given a chance to do so. A no less important consideration is that administrative decisions are usually Cuestioned in the special civil actions of certiorari, prohibition and mandamus, which are allowed only when there is no other plain, speedy and adeCuate remedy available to the petitioner. 't may be added that strict enforcement of the rule could also relieve the courts of a considerable number of avoidable cases which otherwise would burden their heavily loaded dockets. 4owever, there are a number of instances when the doctrine may be dispensed with and judicial action validly resorted to immediately. Among these exceptional cases are: !5 when the Cuestion raised is purely legal0 <5 when the administrative body is in estoppel0 =5 when the act complained of is patently illegal0 ?5 when $K 1 B A A& &'8ALA(

there is urgent need for judicial intervention0 H5 when the claim involved is small0 I5 when irreparable damage will be suffered0 $5 when there is no other plain, speedy and adeCuate remedy0 #5 when strong public interest is involved0 "5 when the subject of the controversy is private land0 and !K5 in Cuo warranto proceedings. <A.6ORCO'O 7. CA he doctrine reCuiring prior exhaustion of administrative remedies before recourse to courts is inapplicable private, and not public, land., which means it does not fally anymore in the jurisdiction of the government. <=.N5A vs. CA he doctrine of exhaustion of administrative remedies is subject to some limitations and exceptions. )ne of the exceptions is urgency of the situation which necessitated a recourse to the courts is justified. <?.E'PIRITU vs. 6EL8AR AND @UD8E 7IROLA here is nothing improper in suspending an officer before the charges against him are heard and before he is given an opportunity to prove his innocence. .reventive suspension is allowed so that the officer may not hamper the normal course of the investigation through the use of influence and authority over possible witnesses As a general rule, the office or body that is invested with the power of removal or suspension should be the sole judge of the necessity and sufficiency of the cause and any of the following grounds were shown to exist: !. Ahen there is reas%na2!e ,r%(nd t% 2e!ieve that the respondent has committed the act or acts complained of0 <. Ahen the eviden$e %# $(!-a2i!it* is str%n,0 =. Ahen the ,ravit* %# the %##ense s% warrants0 or ?. Ahen the $%ntin(an$e in %##i$e of the respondent $%(!d in#!(en$e the witnesses %r -%se a threat t% the sa#et* and inte,rit* %# the re$%rds and other evidence.

A 8'*A(&A (AB)9A 61A*2:

ENTERPRI'E'+ INC vs.%A 't has been the jurisprudential trend to apply the doctrine of primary jurisdiction in many cases involving matters that demand the special competence of administrative agencies. 't may occur that the %ourt has jurisdiction to take cogni7ance of a particular case, which means that the matter involved is also judicial in character. 4owever, if the case is such that its determination reCuires the expertise, speciali7ed skills and knowledge of the proper administrative bodies because technical matters or intricate Cuestions of facts are involved, then relief must first be obtained in an administrative proceeding before a remedy will be supplied by the courts even though the matter is within the proper jurisdiction of a court. he doctrine of primary jurisdiction applies Wwhere a claim is originally cogni5a le in the courts! and comes into play whenever enforcement of the claim reCuires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body, in such case the +udicial process is suspended pending referral of such issues to the administrative ody for its view.A

19. INDU'TRIAL

CHAPTER G: CODE O5 CONDUCT AND DI'A)ILITIE' CODE

O5

CONDUCT

!. Ahat is one general prohibition on public

officials and employeesL 2nterest in transaction requiring approval of their office B solicitation)accepting gifts in the course of their original duties

$! 1 B A

A& &'8ALA(

A 8'*A(&A (AB)9A 61A*2:

he %ode of %onduct and 2thical 6tandards for .ublic )fficials and 2mployees forbids them from dire$t!* or indire$t!* having an* #inan$ia! %r materia! interest in an* transa$ti%n re9(irin, the a--r%va! %# their %##i$e, or s%!i$itin, or accepting, 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. <. Ahat are the basic norms of conduct of public officials and employees as provided for in *A I$!=L

=.! Ahat is red tapeL *ed tape is a derisive term for excessive regulation or rigid conformity to formal rules that is considered redundant or bureaucratic and hinders or prevents action or decision;making. *ed tape generally includes the filling out of seemingly unnecessary paperwork, obtaining of unnecessary licenses, having multiple people or committees approve a decision and various low;level rules that make conducting oneVs affairs slower, more difficult, or both 2x: L ) 3the process may have been reduced to =;? steps B1 it is still slow5 Another would be (6) ?. 8ust public records be accessible to the publicL -2(2*ALL9, 926 .ublic officials must make public documents accessible to, and readily available for inspection by the public within reasonable hours. Biolation could lead to criminal liability. he rule just implements the %onstitutional right of the people to information of public concern. ?.! Ahat is the exception to the right to informationL he right to information is () absolute. he law may classify certain types of public records to be privileged. his includes classified information. 4owever, the government agency denying access must prove that the information is () of public concern, or even if it is, that it is exempted by law from the operation of the right to information. he courts usually determine what recordNtype of information is of public concern.

a. C%mmitment b. c. d. e. f. g. h.

t% -(2!i$ interest: .ublic interest )B2* personal interest Pr%#essi%na!ism: 2fficiency and dedication to duty @(stness and 'in$erit*: Act in accordance with law, good morals, good customs and public policy P%!iti$a! ne(tra!it*: 6ervice to everyone regardless of party affiliation Res-%nsiveness t% the P(2!i$: .rompt and courteous service Nati%na!ism and Patri%tism: Loyalty to the country, promote use of local goods, resources and technology C%mmitment t% dem%$ra$*: Accountability 'im-!e !ivin,: Lead modest lives

he %6% shall adopt measures to promote the observance of these standards and reward outstanding employees =. Ahat are the rules promptness of serviceL regarding the

a. ALL public officialsNemployees 'HALL

res-%nd to reCuests sent by the public within <G w%r.in, days from receipt thereof b. ALL heads Nother officers of offices, agencies and -)%%s 64ALL render a performance report within ?H days from the end of the year c. ALL official papers and documents must be processed within a reasonable time $< 1 B A A& &'8ALA(

H. Ahat is the duty to make a statement of

assets and liabilitiesL 'LAN As per 6ec # of *a $I!=, public officials and employees have an obligation to accomplish

A 8'*A(&A (AB)9A 61A*2:

and submit declarations under oath of their assets+ !ia2i!ities+ net w%rth and #inan$ia! and 2(siness interests '(%L1&'(- those of their spouses and of their unmarried children under !# living in their households. 't also the d(t* %# ever* -(2!i$ %##i$ia! %r em-!%*ee to identi#* and dis$!%se, to the best of his knowledge, his re!atives in the 8%vernment 'ncluded are real properties, personal properties, cash in banks, liabilities, ALL business interests and financial connections hese must be filed: a. Aithin =K days after assumption of office b. )n or before April =K of every year thereafter c. Aithin =K days from separation from service H.! Aho must file the 6LA(s and where will they be filedL a. %onstitutional and national elective officials;Z Aith )8B b. 6enators and %ongressmen ;Z Aith respective secretaries c. Fustices ;Z Aith clerk of court of the 6% d. Fudges ;Z %ourt Administrator e. All other national executive officials, officers of the AD. from colonel or naval captain ;Z )ffice of the .resident f. *egional and local officialsNemployees ;Z &eputy )8B in their respective regions g. All other public officials and employees defined in *A =K!" ;Z %6% he 6LA( will be available for !K years and anyone who wants to get a copy must pay a reasonable fee to see it. he purpose of getting a copy must be L2-AL, 8)*AL and in line with .1BL'% .)L'%9. 't also %A(() be used for commercial purposes other than y news)communication media for dissemination to the general pu lic I. Ahat is the duty to make divestment of financial interestL $= 1 B A A& &'8ALA(

A public officialNemployee shall avoid conflict of interest at ALL times. Ahen one arises: 3this includes a pu lic official who is a partner in a partnership/

he shall resi,n from his position in any private enterprise 3within 8C days from his assumption of office/ )* divest himse!# %# his shareh%!din,s or interest 3within DC days from assumption of office/

2E: An official in L ) has a =H\ share in a corporation engaged in supplying office supplies. L ) is open for bidding. 'f the corporation wants to bid, that official must restrain from being involved in the decision; making process or else it will create a conflict of interest 3his interest over the governments interest ecause he may use his influence to get that corporation the deal and even e tempted to rig the idding and this will cause disadvantage to the &overnment/ $. Ahat is the conduct government lawyersL reCuired of

he %ode of .rofessional *esponsibility 3*ule !=#5 shall still apply to them because they do not shed their professional obligations upon assuming public office. he canons of *A I$!= also apply to him. DI'A)ILITIE'IRE'TRICTION'
ON

POIPOE

#. Ahat are prohibited actsNtransactions as regards .ublic officersL a. (o financial and material interest in A(9 transaction reCuiring the approval of their office b. hey %A(() own, control, manage or accept employment 3including consultancy! counseling! rokerage! etc/ in any private enterprise *2LA 2&, 61.2*B'62& or L'%2(62& by their office 1(L266 expressly allowed by law c. hey %A(() engage in the private practice of their profession 1(L266 authori7ed by %onstiNLaw PRO7IDED there is no conflict with their official functions

A 8'*A(&A (AB)9A 61A*2:

d.

hey %A(() recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office

!K. Ahat are the prohibitions on giftsL Basically, public officers %A(() acceptNask for gifts, directly or indirectly from any person in the course of their official duties if it may affect the functions of their office

hese prohibitions apply for ! year after resignation, retirement or separation from public office e"$e-t that the professional concerned cannot practice his profession in connection with any matter before the office he used to be in for ! year after separation ". Ahat are the %onstitutional prohibitions on certain officersL

!!. Ahat gifts may be acceptedL ;rom foreign

governments< a. -ifts of nominal value as a souvenirNmark of courtesy b. -ifts in the nature of a scholarshipNfellowship grantNmedical treatment c. Authori7ed travel grants outside the .hilippines if appropriate with the interest of the .hilippines

a. 6enatorN%ongressman

b.

c.

d.

e.

f.

%A(() -ers%na!!* a--ear as $%(nse! before any court of justice, electoral tribunals, or Cuasi;judicial and other administrative bodies 6enatorN%ongressman %A(() be dire$t!* %r indire$t!* 2e interested #inan$ia!!* in any contract with the -overnment 6enatorN%ongressman %A(() intervene in an* matter 2e#%re an* %##i$e %# the 8%vernment #%r his -e$(niar* 2ene#it %r where he ma* 2e $a!!ed (-%n t% a$t %n a$$%(nt %# his %##i$e .resident, B., %abinet 3@deputiesNassistants5 %A(() dire$t!* %r indire$t!* -ra$ti$e an* %ther -r%#essi%n+ -arti$i-ate in an* 2(siness %r 2e #inan$ia!!* interested in an* $%ntra$t with the 8%vernment he spouses and relatives by consanguinity or affinity within the ?th degree of the .resident shall n%t 2e a--%inted as mem2ers %# C%nsti C%ms+ O6)+ 'e$retaries+ U'ECs+ Chairmen and heads %# 2(rea(sI%##i$es 8embers of %oncomsN)8B and his deputies cannot hold any other officeNemployment, engaged of practice of any profession or active management or control of any business which in any way may be affected by his office or be financially interested in any contract with -overnment A& &'8ALA(

!<. Ahat is the prohibition on partisan political activitiesL C%nsti: (o officerNemployee of the %ivil 6ervice, including AD. members, shall directlyNindirectly engage in any electioneeringNpartisan politicl activity C'C de#initi%n %# -artisan -%!iti$a! a$tivit*: An act designed to promote the election or defeat of a particular candidate or candidates to a public office., hese include specific activities done for or against any candidate, such as forming groups for the purpose of soliciting votes, holding political meetings or rallies, making speeches or holding interviews, publishing or distributing campaign materials, and directly or indirectly soliciting votes.

!=. Aho are exempted from exercising these

activitiesL )fficersNemployees holding -%!iti$a! %##i$es. 2xamples: .resident, 6ecretaries, &ep>t heads and including national, provincial, city and municipal elective positions.

!?. %an government employees strikeL ()

$? 1 B A A 8'*A(&A (AB)9A 61A*2:

't must be remembered that government employees 8A9 organi7e themselves 3i.e. unioni7e5 B1 as per the current law, they %A(() strike. his is in order to avoid temporary stoppage or disruption of public services.

!H. %an appointive officials in civil service hold

other positionsL 9es, as long as it is allowed by law or by the primary functions of their positions. )n the other hand, the members of the %abinet, their deputies and assistants may do so only when expressly authori7ed by the %onstitution itself.

L-1 or any office of the government is the adverse party b. hey cannot appear as counsel in any criminal case where an officerNemployee of the government is accused of an offense in relation to his office c. hey cannot collect any fee for their appearance in administrative proceedings involving a L-1 of which he is an official d. hey shall not use propertyNpersonnel of the -overnment 2E%2. when the sanggunian member concerned is defending the government

!$. Ahat is the prohibition as regards the

practice of other professionsL L-% provides that: a. -overnors and mayors are prohibited from practicing their professionNengaging in any occupation b. 6anggunian members may practice their profession, engage in any occupation, or teach in schools except during session hours c. &octors may practice their profession even during official hours of work only on occasions of emergency provided they do not derive monetary compensation !#. %an public officers use their office to promote their private interestL )bviously not. A public official should see to it that his private activity does not interfere with the discharge of his official functions. !". %an a public officerNemployee engage in private businessL directly

!I. Ahat is the rule regarding the -ra$ti$e %#

!awL As a ,enera! r(!e, the a--%intment %r e!e$ti%n %# an att%rne* t% a ,%vernment %##i$e DI'QUALI5IE' him #r%m en,a,in, in the -rivate -ra$ti$e %# !aw. he prohibited officers include 4(d,es, %##i$ia!sIem-!%*ees %# $%(rts, s%!,en, O6) and %ther ,%vernment -r%se$(ti%n %##i$es, the Pres, 7P, $a2inet mem2ers Q de-(ties and assistants, mem2ers %# $%n$%ms, $ivi! servi$e %##i$ers %r em-!%*ees wh%se d(ties and res-%nsi2i!ities re9(ire that their entire time 2e at the ,%vernment;s dis-%sa!, ,%vern%rs, ma*%rs. HOWE7ER, a lawyer;%ongressmanN6enator is () absolutely prohibited from engaging in the practice of his profession. 4e is only prohibited from appearing as counsel before any court, etc. Also, a civil service officer whose duty &)26 () *2M1'*2 that his entire time be devoted to the government can engage the practice of law with permission from the head of the department concerned .*)B'&2& that it is not expressly prohibited by law 8embers of the sanggunian may engage in the practice of law 2E%2. :

(o. hey cannot do it without the written permission of their head of the department. 4owever, no permission is necessary in the case of investments which do not involve conflict between his private interest and public duties nor in any way influence him in the discharge of his duties.

hey cannot appear as counsel before any court in any civil case wherein a $H 1 B A A& &'8ALA( A 8'*A(&A (AB)9A 61A*2:

a.

$I 1 B A

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A 8'*A(&A (AB)9A 61A*2: