Documente Academic
Documente Profesional
Documente Cultură
It is a 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 sovereign power of government to be exercised by
him for the benefit of the people.
It refers to a person whose duties, not being of clerical or manual nature, involves
the exercise of discretion in the performance of the functions of the government.
What is the most important characteristic which distinguishes an office from an employment
or contract?
1. Constitution
2. Statutory enactment
3. Authority of law
A public office is a public trust. This simply means that it must be discharged by the
incumbent not for his own personal aggrandizement but for the benefit of the
public for whom it is held by him in trust.
1. Appointive
2. Election
Appointment has been defined as the act of designation by the appointing officer,
body or board, to whom that power has been delegated, of the individual who is to
exercise the functions of a given office.
It is to be distinguished from designation, which is simply the mere imposition of
new duties on the officer to be performed by him in a special manner.
The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, and
other officers as enumerated above.
The President shall have the power to make appointments during the recess of
Congress, whether voluntary or compulsory, but such appointments shall be
effective only until disapproval by the CA or until the next adjournment of Congress.
The Congress may, by law, vest the appointment of other officers lower in the rank
in the President alone, in the courts, or in the heads of departments, agencies.
Commissions or boards.
Function of the Civil Service Commission in relation to the appointive power of the
President?
What is election?
1. No candidate who lost in an election, shall, within 1 year after such election, be
appointed to any office in the Government.
2. No elective official shall be eligible for appointment or designation in any capacity to
any public office or position during his tenure.
3. No appointive official shall hold any other position in the Government, unless otherwise
allowed by law or the primary functions of his office.
*ex-officio capacity
An officer de facto is one whose acts, though not those of a lawful officer, the law,
upon principles of policy and justice, will hold valid so far as they involve the
interests of the public, and third persons, where the duties of the office were
exercised:
A de jure officer is one who has lawful title to the office but has not been able to
take possession of it or has been ousted therefrom. A de facto officer is one who
actually possesses the office although he has an imperfect or only colorable title
thereto.
The lawful acts of an officer de facto so far as the rights of third persons are
concerned, are, if done within the scope and by the apparent authority of the office,
considered as valid and binding as if he were the officer legally elected and qualified
for the office and in full possession thereof.
It has been likewise ruled that a de facto public officer cannot be made to reimburse
funds disbursed during his term of office because his acts are as those of a de jure
officer. Moreover, as a de facto officer, he is entitled to emoluments for actual
services rendered.
The general rule is that the de facto officer cannot claim a salary and other
compensation for services rendered by him as such. If he has already collected such
salary, he may in fact be required to pay it back to the de jure officer upon
recognition of the latters title. However, there is authority to the effect that the de
facto officer may retain salaries collected by him for services rendered in good faith
where there is no de jure officer claiming the office.
What are the laws in which members of the Civil Service are regulated?
The members of the Civil Service are regulated under Article IX(B) of the
Constitution, the Civil Service Decree, the Administrative Code of 1987 and the
pertinent principles under the law of public officers.
Are all the government-owned and controlled corporations under the scope of civil service?
As ruled by the Supreme Court in the case of National Service Coporation v National
Labor Relations Commission, the government-owned or controlled corporations
included in the civil service under the 1987 Constitution are only those created by
special law, or given legislative charters, and not those established under or on the
basis of the provision of the Corporation Code. It also does not include government-
owned or controlled coporations which are organized as subsidiaries of
government-owned or controlled corporations under the general corporation law.
What government-owned or controlled corporations are under the scope of civil service?
Water systems, like the National Waterworks and Sewerage Authority (NAWASA)
and the National Irrigation Administration, although agencies performing
proprietary, not governmental functions are however deemed included in the civil
service. (Fontanilla v Mallaman, 194 SCRA 486)
Employees of GOCC, such as Duty Free Philippines, the Philippine Tourism Authority
and the Philippine Amusement and Gaming Corporation, are governed by civil
What is Career-Service?
The career-service is characterized by (1) entrance based on merit and fitness to be
determined as far as practicable by competitive examinations, or based on highly
technical qualifications; (2) opportunity for advancement to higher career positions;
and (3) security of tenure.
What is by-passed?
The appointment is deemed by-passed through inaction of, and so disapproved
impliedly by the Commission on Appointment.
What is a promotion?
Promotion is defined as a movement from one position to another with increase in
duties and responsibilities as authorizaed by law and usually accompanied by an
increase in pay. The movement may be from one department or agency to another,
or from one organizational unit to another in the same department or agency.
Promotion is the advancement from one position to another with an increase in duties and
responsibilities as authorized by law, and usually accompanied by an increase in salary.
Apparently, the indispensable element for there to be a promotion is that there must be
an advancement from one position to another or an upward vertical movement of the
employees rank or position. Any increase in the salary should only be considered
incidental but never determinative whether or not a promotion is bestowed upon an
employee.
What is a next-in-rank rule?
Under this rule, the person next in rank shall be given preference in promotion
when the position is vacated. However, the law also permits the vacancy to be filled
by transfer of present employees, reinstatement, re-employment, or appointment
of persons with the appropriate civil service elligibility. In such case, the appointing
authority is required to specify the special reason or reasons for not appointing the
officer next-in-rank.
Is nepotism allowed?
Nepotism, or favoritism toward relatives by the appointing authority, is prohibited.
The prohibition is coveres all appointments (and even designations) in the national,
city and municipal governments or in any branch or instrumentality thereof,
Names of persons who have been appointed to positions in the career service and who
have been SEPARATED as a result of REDUCTION in force and/or REORGANIZATION, shall
be entered in a list from which selection of reemployment shall be made.
Separated not for a cause but as result of reorganization, separation pay and retirement
and other benefits; in lieu of separation pay, may be considered for employment.
What is a demotion?
A demotion is defined as the movement from one position to another involving the
issuance of an appointment with dimunition in duties, responsibilities, status or
rank which may or may not involve reduction in salary. It has been held that
demotions without cause is tantamount to removal.
What is the importance of personnel development plan?
To improve the attitude and competence of the civil service, each department or
agency is required to prepare a career and personnel development plan which shall
contain provisions for merit promotion , performance evaluation, in-service
training, including foreign and local scholarships and training grants, job rotation,
suggestions and awards system, and such other plans for for employess health,
welfare, counseling, recreation and similar services.
What are the grounds for the discipline of the members of Civil Service?
Among the grounds for the discipline of members of the Civil Service are dishonesty;
oppression; neglect of duty; misconduct; disgraceful and immoral conduct; being
Borinaga Alith- CHAPTER 4-6 17
Camposano Harvy,-CHAPTER 1-3
Guaren Ronamarie Therese- CHAPTER 7-9 Public Officers Law Notes
notoriously undesirable; discourtesy in the course of official duties; inefficiency and
incompetence in the performance of official duties; conviction of a crime involving
moral turpitude; falsification of official documents; habitual drunkenness;
gambling; refusal to perform official duty or render overtime service; physical or
mental incapacitydue to immoral or vicious habits; and willful refusal to pay debts
or willful failure to pay taxes due to the government and even habitual tardiness.
Who has jurisdiction?
The Secretaries and heads of agencies and instrumentalities, provinces, cities and
municipalities shall have jurisdiction to investigate and dicide matters involving
disciplinary action against officers and employess under their jurisdiction.
Their decisions shall be final in case the penalty imposed is suspension for not more than
thirty days or a fine in an amount not exceeding thirty days salary.
In case the decision rendered by a bureau or office head is appealable to the Commission,
the same may be initially appealed to the department and finally to the Commission and
pending appeal, the same shall be executory except when the penalty is removal, in which
case the same shall be executory only after confirmation by the Secretary concerned.
The Civil Service Commission shall decide upon appeal all administrative disciplinary cases
involving the imposition of a penalty of suspension for more than thirty days, or a fine in
an amount exceeding thirty days salary, demotion in rank or salary or transfer, removal or
dismissal from office. A complaint may be filed directly with the Commission by a private
citizen against a government official or employee in which case it may hear and decide the
case or it may deputize any department or agency or official or group of officials to conduct
the investigation. The results of the investigation shall be submitted to the Commission
with recommendation as to the penalty to be imposed or other action to be taken.
What are cases involving the exclusive jurisdiction of the Civil Service Commission?
Disciplinary cases and cases involving personnel actions affecting employees in
the civil service, including appointment through certification , promotion, transfer,
reinstatement, demotion and separation are within the exclusive jurisdiction of the
Civil Service Commission, which is the sole arbiter of controversies relating to the
civil service.
PROCEDURE
Borinaga Alith- CHAPTER 4-6 18
Camposano Harvy,-CHAPTER 1-3
Guaren Ronamarie Therese- CHAPTER 7-9 Public Officers Law Notes
First Stage
Filing of Complaint
Second Stage
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Guaren Ronamarie Therese- CHAPTER 7-9 Public Officers Law Notes
Issuance of a Formal Charge
Filing of an Answer
Third Stage
Formal Investigation
Decision
Only parties adversely affected by a decision may file a motion for reconsideration within
fifteen days from receipt of the decision.
What is an order of preventive suspension?
An order of preventive suspension may be issued to temporarily remove the
respondent from the scene of his misfeasance or malfeasance and to preclude the
possibility of exerting undue influence or pressure on the witness against him or
tampering of documentary evidence on file with his office.