PUBLIC OFFICE PUBLIC

CHAPTER I: CONCEPTS EMPLOYMENT

OFFICE – The incumbent is selected by appointment or Created by law, with duties Created not by forced of
by election, and whether he is appointed during the Cast upon the incumbent law but by
pleasure of the appointing power or for a fixed term. with contact of Employment
Involve the exercise of
PUBLIC OFFICE – is the right, authority, and duty created Sovereign power
and conferred by law, by which for a given period, either
fixed by law or enduring at the pleasure of the
appointing power, and individual is invested with some ESSENTIAL ELEMENTS OF PUBLIC OFFICERS
portion of the sovereign functions of the government, to C-AE-PF-Du-CP
be exercised by him for benefit of the public. 1. By the CONSTITUTION or by LAW.
2. AUTHORITY and EXERCISE of sovereign
PURPOSE AND NATURE OF PUBLIC OFFICES. power.
PUBLIC TRUST 3. POWER and FUNCTION are defined by the
-Holders regards as public servants Constitution.
-Holders subject to highest standards of accountability 4. The DUTIES pertaining are performed
and service independently, without control of superior
power other than law.
Public office is a public trust. Public officers and 5. CONTINUITY and PERMANENCY
employees must at all times be accountable to the
people, serve them with the utmost responsibility, CREATION OF PUBLIC OFFICE [C-S-TB-CongPre]
integrity, loyalty and efficiency, act with patriotism and 1. GENERALLY
justice, and lead modest lives. a. By the CONSTITUTION, STATUTE,
TRIBUNAL BODY.
NOT PROPERTY b. By the Congress
-Holder subject to removal or suspension according to i. Exigencies of government it is
law necessary to create and define
-Holder without vested right in any public office. duties.
-Holder’s right in nature of privilege entitled to ii. An office created by the
protection. legislature is wholly within the
-Holder’s right personal to him. power of the body. Can fit and
abolish the office.
Public office is not property of the office holder within c. By the PRESIDENT
the meaning and contemplation of the due process i. Bureaus, agencies or office in
requirements of the constitution. executive department.

NOT A CONTRACT MODIFICATIONS OR ABOLITION OF PUBLIC OFFICE [CO-

-Created no contractual relation between holder and the CO]
public. 1. OFFICE CREATED BY THE CONGRESS
-Exists by virtue of some law. a. The power to create an office generally
-Generally entitles holder to compensation includes the power to modify or abolish
it.
b. The power is inherently legislative.
PUBLIC OFFICE PUBLIC CONTRACT c. Power to fix the number of positions
and the salaries or emoluments of the
Creation incident of originates from the will of holders thereof and to provide funds
sovereignty the contracting parties for the offices created.
2. OFFICES CREATED BY THE CONSTITUTION
Its object carry’s out Obligation only upon a. Constitutional offices may be modified
sovereign as well persons who entered or abolished by the people through a
Same. the constitutional provision.
As governmental
function affecting EXERCISES OF SOVEREIGN POWERS AND
Person FUNCTION.[P.O-E-A]
Embraces the idea of Limited In its duration and 1. One of the most important criteria of public
tenure, duration specific in its object and office
continuity, and the Its Terms define and limit a. exercise some portion of the sovereign
duties connected the rights and obligations power of the State
Therewith are parties and neither 2. Authority conferred by law
generally continuing without consent of each 3. Extent of authority not material.
and permanent party 4. Presumption of regularity of official acts.

*Public Office is public employment, but not all public TENURE AND DURATION [E-C-P]
employment is a public office 1. Existence of definite tenure not material
 a. The duration of tenure need not be
for a fixed period, but may be at
the pleasure of the appointing
power.
2. Continuance of office holder not material.
3. Permanence of office not material.

MEANING OF OFFICER/PUBLIC [O-E]

1. Officer - required by law to be elected or appointed
who a designation or title has given to him by law, and
who exercises functions concerning the public, assigned
to him by law.
2. Employee any person in the service of the
government. (Not a clerk)

OFFICER AND EMPLOYEE DISTINGUISHED [PO-RPC]

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

MEANING OF PUBLIC OFFICIAL

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

CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC OFFICERS

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

6. As to compensation:
a. Lucrative office, office of profit, or
office coupled with an interest. It
includes any office to which salary,
compensation or fees are attached.
b. Honorary office no compensation.

CHAPTER II: ELIGIBILITYAND
QUALIFICATION
Meaning of eligibility/eligible/ineligibility/ineligible
Eligibility
1. The state or quality of being legally
fitted or qualified to be chosen
2. Eligibility to a public office is of a
continuing nature and must exist both at the
commencement and during the occupancy of an
office.
Eligible-Means legally fitted or qualified to hold an office.
Ineligibility-Refers to the lack of qualification prescribed
by the Constitution or applicable laws for holding an
office.
Ineligible
1. Legally or otherwise disqualified to
hold an office
2. Disqualified to be elected to an office
3. Disqualified to hold an office, if elected
or appointed to it
Meaning of qualification
 May refer to the endowment and
accomplishment that fits one for office
 May refer to an act which a person,
before entering the performance of his duties,
is, by the law, required to do, such as the taking,
and often, of subscribing and taking of an official
oath, and, in some cases, the giving of an official
bond
Nature of right to hold public office
 Not a natural right – To hold a public
office, one must be eligible and possess the
qualifications prescribed by the Constitution.
 Not a constitutional right – There is no
constitutional right to run for office or hold
elected office. Rather, it is a political privilege
which depends upon the favor of the people for
the public good.
Powers of Congress to prescribe qualifications
1. In General - Congress is generally
empowered to prescribe the qualifications for
holding public office, provided it does not
exceed thereby its constitutional powers or
impose conditions of eligibility inconsistent with
constitutional provisions.
2. Where office created by Congress -
body can deal with the subject of qualification
and disqualification, provided that in so doing it
does not impinge upon an express provision of
the Constitution.
3. Where office created by the
Constitution - General rule is that where the
Constitution establishes specific eligibility
requirements for a particular constitutional
office, the constitutional criteria are exclusive.
4. Where qualifications prescribed by the
Constitution - not self-executing
Power of Congress to prescribe disqualifications
 Congress may not add disqualifications
where the Constitution has provided them in
such a way as to indicate an intention that the
disqualifications provided shall embrace all that
are to be permitted
 Moreover, when the Constitution has
attached a disqualification to the holding of any
office, Congress cannot remove it under the
power to prescribe qualifications as to such
offices as it may create
Act adds grounds of disqualifications of a SC justice
 The subject Act added grounds of
disqualifications, SC prohibits certain Justices
from fulfilling the power and duty given by the
Constitution.
 The Act disqualified a majority of the
constitutional component members of the
Supreme Court. Thus, it deprives it of its
jurisdiction established by the Constitution.
 The designees would not have been
consented to by the Commission on
Appointments; thus, the appointment would not
comply with the Constitution
 Temporary composition of the SC not
authorized by the Constitution since the
Supreme Court is one of the permanent
institutions of the government.
 Method of appointment of a SC justice
provided by the Constitution is mandatory and
binding upon all departments of government.
Construction of restrictions on eligibility
 Presumption in favor of ineligibility –
There is a presumption in favor of the eligibility
of one who has been elected or appointed to
public office.
 Basis of presumption – A strong public
policy exists in favor of eligibility to public office.
 Rule of liberal construction – The right
to public office should be strictly construed
against ineligibility.
General Rule: The right of a citizen to
hold office
Exception: A citizen may not be
deprived of this right without proof of
some disqualification specifically
declared by law.
Time of possession of qualifications
1. Where the time specified by the
Constitution or law – The Constitution or law
may, expressly or by necessary implication,
specify the time when the required eligibility
must exist. The candidate must possess the
necessary qualifications at that time of the
election.
2. Where Constitution or law is silent – It
is necessary for the courts to have recourse to
some other means of determining the matter.
 3. When qualification must always exist –
The candidate or appointee may have been
qualified at the time of his election or
appointment is not sufficient to entitle him to
hold the office.
Removal of disqualification during term
 Courts have not agreed as to the effect
of removal by an office-holder of his
disqualifications after the commencement of
term of office and during its continuance
Particular Qualifications and Disqualifications
 Citizenship
 Age
 The right of suffrage
 Residence
 Education
 Ability to read and write
 Political affiliation
 Civil service examinations
Religious qualification prohibited
 Religious beliefs and opinions cannot
be made a test of political right and privilege
 No state interest can be discerned
which would justify the burden upon the free
exercise of religion imposed by the restriction
 Our Constitution expressly provides
that no religious test shall be required for the
exercise of civil and political rights
o Religious test- is one demanding the
avowal or repudiation of certain religious beliefs
before the performance of any act
Power of Congress to impose property qualifications
1. View that law constitutional – The view
has taken that unless inhibited by the
Constitution, a legislature has the power to
impose property qualifications upon office
holders. A certain public officers be resident
property owners does not transgress the
constitutional guarantees of due process and
equal protection.
2. View that law unconstitutional – In a
case, The Supreme Court stated the property
qualifications are inconsistent with the essence
and nature of the republican system ordained in
our Constitution and the principles of social
justice underlying the same.
Power of congress to impose property qualifications
1. View that law constitutional- a
legislature has the power to impose
qualifications upon the office holders.
2. View that law unconstitutional- there is
no rational connection between qualifications
for administering public affairs and ownership of
real property.
Qualifications prescribed by the constitution for certain
officers
President and Vice President
 Natural born citizen
 Registered voter
 Able to read and write
 At least 40 years of age on the day of
election
 Resident of the Philippines for at least
10 years immediately preceding the election.
Senators
 Natural born citizen
 Registered voter
 Able to read and write
 At least 35 years of age on the day of
election
Resident of the Philippines for not less
than 2 years immediately preceding the
election.
Members of the House
 Natural born citizen
 Registered voter in the district for
which he shall be elected except in
cases of party list, and a Resident
thereof for at least 1 year immediately
preceding the election.
 Able to read and write
 At least 25 years of age on the day of
election
Members of the Supreme Court and lower collegiate
court
 Natural born citizen
 Registered voter
 At least 40 years of age
 Must have been for 15 years or more a
judge of the lower court or engage in the
practice of law
 Of proven competence probity integrity
and independence.
Chairman and commissioners of the civil service
commissions
 composed of a Chairman and two
Commissioners
 who shall be natural-born citizens of
the Philippines and,
 at the time of their appointment, at
least thirty-five years of age,
 with proven capacity for public
administration,
 And must not have been candidates for
any elective position in the elections
immediately preceding their
appointment.
Commission on Audit
 natural-born citizens of the Philippines
 at the time of their appointment, at
least thirty-five years of age,
 Certified Public Accountants with not
less than ten years of auditing
experience, or members of the
Philippine Bar who have been engaged
in the practice of law for at least ten
years,
 And must not have been candidates for
any elective position in the elections
immediately preceding their
appointment.
 At no time shall all Members of the
Commission belong to the same
profession.
Commission on Elections
 shall be natural-born citizens of the
Philippines
 at the time of their appointment, at
least thirty-five years of age,
 holders of a college degree,
 And must not have been candidates for
any elective positions in the
immediately preceding elections.
 A majority thereof, including the
Chairman, shall be members of the
Philippine Bar who have been engaged
in the practice of law for at least ten
years.
Commission on Human Rights
 must be natural-born citizens of the
Philippines
 A majority of whom shall be members
of the Bar.
 The term of office and other
qualifications and disabilities of the
Members of the Commission shall be
provided by law.
The Ombudsman and his Deputies
 shall be natural-born citizens of the
Philippines,
 and at the time of their appointment,
at least forty years old,
 of recognized probity and
independence,
 and members of the Philippine Bar,
 And must not have been candidates for
any elective office in the immediately
preceding election.
 The Ombudsman must have, for ten
years or more, been a judge or engaged
in the practice of law in the Philippines.
Qualifications prescribed by law for certain officers
Secretaries of departments
 Citizens of the Philippines at least 25 years of
age
Presiding justice and associate justices of the court of
appeals
 Same as Supreme Court justices
Judges of the Regional Trial Court
 Natural-born citizen
 At least 35 years of age
 For at least 10 years, has been engaged in the
practice of law in the Philippines requiring admission to
the practice of law, as indispensable requisite
Judges of the Municipal Trial Court
 Natural-born citizen
 At least 30 years of age
 For at least 5 years, has been engaged in the
practice of law in the Philippines requiring admission to
the practice of law, as indispensable requisite
Elective Local Officials
General Applicability
 Citizen of the Philippines
 Registered voter in the barangay,
municipality, city or province or in the case of
sanggunian, the district where he intends to be
elected, resident therein foe at least 1 year
immediately preceding the elections;
 Able to read and write Filipino or any other
local language or dialect.
Governor, Vice Governor, Sanggunian Panlalawigan,
Mayor, Vice Mayor or Sanggunian Panlungsod of highly
urbanized cities
 At least 23 years old on election day
Mayor, Vice Mayor of independent component cities,
component cities, or municipalities
 At least 21 years old on election day
Sanggunian Panlungsod or Sanggunian Bayan
 Atleast18 years old on election day
Punong Barangay or Sanggunian Barangay
 Atleast18 years old on election day
Sanggunian Kabataan
 Atleast15 years old, but not more than 21 years
old on election day
Board of Election Inspectors
 he is of good moral character
 irreproachable reputation,
 a registered voter of the city or municipality,
 has never been convicted of any election
offense or of any other crime punishable by
more than six months of imprisonment or if
there is a pending information against him
for any election offense
 Able to speak and write English or the local
dialect
Disqualifications to hold public office
1. By Constitution or by Law- In general,
individuals who lack any of the qualifications prescribed
by the Constitution or by law for a public office are
ineligible or disqualified from holding such office. An
appointment of an ineligible or unqualified person is a
nullity.
2. Other Causes
Mental or physical incapacity.
Misconduct or crime
Impeachment.
Removal or suspension from office.
Previous tenure of office
Consecutive terms.
Holding more than one office.
Relationship with the appointing power.
Office newly created or the emoluments of which have
been increased
Being an elective official- ineligible to be appointed to be
designated
Having been a candidate for any elective position
Under the local government code
i.Sentenced by final judgement for an offense
involving moral turpitude by 1 year or more
imprisonment within 2 years after serving
sentence
ii.Those removed from office as a result of an
administrative case
iii.Convicted by final judgement for violating ought
of allegiance to the republic
iv.Dual citizenship
v.Fugitive from justice in criminal or non-political
cases here or abroad
vi.Insanity or feeblemindedness
Appointment of elective and appointive local officials
and candidates who lost in an election (Political Lame-
Ducks)
a. No elective or appointive local official
shall be eligible for appointment or designation
in any capacity to any public office or position
during his tenure. Unless otherwise allowed by
law or by the primary functions of his position,
no elective or appointive local official shall hold
any other office or employment in the
Government or any subdivision, agency or
instrumentality thereof, including government-
owned or controlled corporations or their
subsidiaries.
b. Except for losing candidates in barangay
elections, no candidate who lost in any election
shall, within one (1) year after such election, be
appointed to any office in the Government or
any government-owned or controlled
corporations or in any of their subsidiaries."

CHAPTER III: ACQUISITION
OF RIGHT OR TITLE OF
OFFICE
A. In General
1. Modes of Commencing official relations
The manner of selecting persons for public office is
generally by either:
a. Election
b. Appointment
2. Meaning of “Appointment”
a. It is an act of designation by the executive officer,
board, or body to whom that power has been delegated,
of the individual who is to exercises the powers and
functions of a given office.
b. It is equivalent to “filling a vacancy” in an office.
c. It is the nomination or designation of an individual to
an office.
3. Where appointing power resides
a. Inherently belongs to the people
b. Entrusted to designated elected and appointed public
officials
4. Appointing power generally regarded as an executive
function
a. Where power exercised by executive department
b. Where power exercised by other departments
5. Power to appoint discretionary
a. Power of court to review appointments
b. Power of Civil Service Commission to revoke
appointment
6. Power may be absolute or conditional
a. absolute ‐ where the choice of the appointing
authority is conclusive if it falls upon an eligible person.
No further consent or approval is necessary.
b. conditional ‐ where assent or approval by some other
officer or body, such as the Commission on
Appointments, is necessary to complete the
appointment.
7. Restrictions on the power to appoint
a. Generally
Persons to be appointed to a public office should possess
the required qualifications and be selected solely with a
view to the public welfare.
b. Under the Constitution
a. “The spouse and relatives by consanguinity or affinity
within the fourth civil degree of the President shall not,
during his tenure, be appointed as Members of the
Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including
government‐owned or controlled corporations and their
subsidiaries” Art. VII, Sec. 13
b. “Two months immediately before the next presidential
elections and up to the end of his term, a President or
Acting President shall not make appointments, except
temporary appointments to executive positions when
continued vacancies therein will prejudice public service
or endanger public safety.”
c. “The Congress may, by law, vest the appointment of
other officers lower in rank in the President alone, in the
courts, or in the heads of departments, agencies,
commissions, or boards.”
d. “The Supreme Court shall have the following powers:
Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.”
e. “The Members of the Supreme Court and judges of the
lower courts shall be appointed by the President from a
list of at least three nominees prepared by the Judicial
and Bar Council for every vacancy. Such appointments
need no confirmation. For the lower courts, the
President shall issue the appointments within ninety days
from the submission of the list.”
f. “The Constitutional Commissions shall appoint their
officials and employees in accordance with law.”
g. The Members of the Civil Service Commission,
Commission on Elections and Commission on Audit shall
be appointed “without reappointment xxx. Appointment
to any vacancy shall be only for the unexpired term of
the predecessor. In no case shall any Member be
appointed or designated in a temporary or acting
capacity.”
h. “No candidate who has lost in any election shall,
within one year after such election, be appointed to any
office in the Government or any Government‐owned or
controlled corporations or in any of their subsidiaries.”
i. “No elective official shall be eligible for appointment or
designation in any capacity to any public office or
position during his tenure. Unless otherwise allowed by
law or by the primary functions of his position, no
appointive official shall hold any other office or
employment in the Government or any subdivision,
agency or instrumentality thereof, including
Government‐owned or controlled corporations or their
subsidiaries.”
j. “The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the Civil
Service Law.”
k. “The Ombudsman and his Deputies shall be appointed
by the President from a list of at least six nominees
prepared by the Judicial and Bar Council, and from a list
of three nominees for every vacancy thereafter. Such
appointments shall require no confirmation. All vacancies
shall be filled within three months after they occur.”
c. Under existing laws
8. When Appointment deemed complete
a. Not subject to confirmation
b. Subject to confirmation
c. Approval by the Civil Service Commission
d. Effects of completed appointment
9. Acceptance of appointment
a. Not necessary to completion or validity of
appointment
b. Necessary to possession of office
10. Form of Acceptance
a. Express or when done verbally or in writing
b. Implied or when, without formal acceptance, the
appointee enters upon exercise
of the duties and functions of an office
11. Obligation of elected or appointed individual to
accept office
a. Generally not subject to compulsion
b. Obligation in the nature of a social duty
12. Necessary of written appointment
a. View that appointment should be evidenced by writing
b. Contrary view
13. Revocation of appointment
a. Where appointment final and complete
b. Where appointee has assumed position
c. Where protestant more qualified than appointee
B. Appointments by the President
1. Power of appointment of the President
By the provision of Art. VII, Sec. 16 in the Constitution,
the President is authorized to appoint, namely:
a. First:
● heads of executive departments
● ambassadors
● other public ministers and consuls
● officers of the armed forces from the rank of colonel or
naval captain
● other officers
i. regular members of Judicial and Bar Council
ii. chairman and commissioners of the Civil Service
Commission
iii. chairman and commissioners of the Commission
on Elections
iv. chairman and commissioners of the Commission
on Audit
v. members of the regional consultative commission
b. Second:
● All other officers ‐ appointments are not otherwise
provided by law and to be appointed to lower offices
created by Congress
c. Third ‐ those whom the President may be authorized
by law
● heads of government‐owned or controlled
corporations
● undersecretaries
● heads of bureaus and offices
● other officials
d. Fourth: ‐ appointments the Congress by law vests in
the President alone
● other officers lower in rank
2. Confirmation of appointments by Commission on
Appointments
a. Required
● first group above
b. Unnecessary
● heads of bureaus
● certain offices under different departments which are
not called bureaus
i. Securities and Exchange Commission example
ii. Insurance Commission example
● members of Supreme Court
● judges of lower courts
● Sandiganbayan
● Tanodbayan (Ombudsman) ~ including deputies
● chairman and members of the Commission on Human
Rights Art. VII Sec. 16
3. Appointment by other officials
Congress may vest power to appoint officers “lower in
rank” to the following: Art. VII, Sec 16
a. heads of departments
b. agencies
c. commissions
d. boards
“lower in rank” does not include heads of bureaus and
offices not specifically mentioned in the Constitution as
among those to be appointed by President who are
subordinates of Cabinet members. By law, their
appointments are vested in the President.
4. Kinds of Presidential appointments
a. as to manner in which it is made
● regular ‐ made by Congress while in session; subject to
confirmation by the Commission on Appointments
● ad interim ‐ made while Congress is in recess
b. as to its nature
● permanent ‐ those which last until they are lawfully
terminated
● temporary or acting ‐ those which last until a
permanent appointment is issued
5. Ad interim appointments
a. These are appointments made by the President while
Congress is in recess, thus, the Commission on
Appointments may only deliberate upon such
appointments when Congress goes into session
b. The President is usually aided by the Commission on
Appointments’ advice when it comes to appointments. In
case of ad interim appointments, however, the President
acts alone and the system of checks and balances vital to
our system of government is not in place
c. Ad interim appointments, however, are necessary due
to the existence of situations where there is a clear and
present urgency caused by an impending obstruction or
paralysis of the function assigned to office to be filled if
no immediate appointment is made
d. An ad interim appointment is permanent in nature and
not a mere temporary or acting appointment even if it
subject to confirmation by the Commission on
appointments. However, it may be recalled or revoked by
the President before confirmation
6. Temporary or acting appointments
a. Generally, the power to appoint vested in the
President includes temporary or acting appointments,
unless otherwise provided by law.
b. An acting appointment, being essentially temporary or
provisional in character, cannot be validly confirmed by
the Commission on Appointments because confirmation
presupposes a valid nomination or ad interim
appointment.
c. A temporary appointment ‐ an acting appointment.
d. An unqualified person cannot be appointed even in an
acting capacity
7. Designations
Is simply the mere imposition of new or additional duties
upon an officer to be performed by him in a special
manner while he performs the function of his permanent
office.
8. Steps in the appointing process
a. Nomination ‐ It is the exclusive prerogative of the
President upon which no limitation may be imposed by
Congress, except those resulting from the need securing
the concurrence of the Commission on Appointments
and from the exercises of the limited legislative power to
prescribe the qualifications to a given appointive office.
b. Confirmation
● The power to confirm and reject certain appointments
belongs to Congress through the Commission on
Appointments since it is a check on the executive.
● A confirmation cannot be reconsidered after the
President has been notified of the confirmation and has
completed the appointment by issuing a commission the
appointee even if the rules of the confirming body
provide for reconsideration
c. Issuance of Commission
● “Commission” is the written authority from a
competent source given to the officer as his warrant for
exercise of the powers and duties of the office. It is the
written evidence of the appointment
● When a person is elected to office, his right as
established as a result of the election and does not
depend upon the issuance of a commission. Issuance of a
commission to an elected officer is merely a ministerial
act and not a part of the act of appointment. Instead, the
elected officer is entitled to a certificate of election.
Appointments in the Civil Service
1. The Civil Service System
a. Scope ‐ all branches, subdivisions, instrumentalities
and agencies of the government including GOCCs with
original charter. This covers the administrative personnel
of the entire government system, both national and
local, including the military.
Purpose ‐ to enable the national and local government
and all its instrumentalities and agencies to render more
efficient services to the public by enabling them to obtain
efficient servants.
2. Classification of positions in the Civil Service
a. Career Service
● Characteristics:
i. Entrance based on merit and fitness to be determined
as far practicable by competitive examinations or are
based on highly technical qualifications
ii. Security of tenure
iii. Opportunity for advancement to higher career
positions
● It includes:
i. Open career positions for appointments requiring
prior qualification in an appropriate examination
ii. Closed career positions which are scientific or
highly technical in nature.
iii. Positions in the Career Executive Service
iv. Career officers other than those in the Career
Service who are appointed by the President
v. Commissioned officers and enlisted men of the
Armed Forces
vi. Personnel of government‐owned and controlled
corporations whether performing governmental or
proprietary functions who do not fall under non‐
career services; and
vii. Permanent laborer, whether skilled, semi‐
skilled, or unskilled.
b. Non‐Career Service
i. Characteristics:
● Entrance bases other than those of the usual test of
merit and fitness
● Tenure which is limited to a period specified by law or
coterminous with that of the appointing authority or
subject to his pleasure or limited to the duration of a
particular project
ii. Includes:
● Elective officials and their personal or
confidential staffs.
● Department heads and other officers of cabinet
rank and their
staffs
● Chairmen and members of commissions and
boards with fixed terms of office and their staffs
● Contractual personnel
● Emergency and seasonal personnel
● Casual employees
3. Classes of positions in the career service
a. Three major levels:
● Clerical, trades, crafts, and custodial service
positions
● Professional, technical, and scientific positions
● Career Executive Service
b. Requirement of competitive examinations
● Entrance to the first two levels are through
competitive examinations
● Entrance to the third level is prescribed by the
Career Executive Service Board
● For promotion to a higher position in one or
more related occupational groups, no examination
is required within the same level. However, the
candidate for promotion must have previously
passed the examination for the level.
4. Constitutional Classification
a. Competitive ‐ Those appointments are made
according to merit and fitness as
determined by competitive examinations.
b. Non‐competitive ‐ Those appointments do not take
into account merit and fitness as determined by
competitive examinations. These include positions which
are policy‐determining, primarily confidential, or highly
technical in nature.
5. Determination of merit and fitness by competitive
examinations
General Rule : The selection of any appointee to any
government position shall be made only according to
merit and fitness to be determined, as far as practicable,
by competitive examinations to perform duties and
assumes the responsibility of the position, without
regard to any other consideration such as sex, color,
social status, religion, or political affiliation.
6. Exemption from rule of non‐competitive positions
a. Through policy determining, primarily confidential and
highly technical positions are exempt from competitive
examinations and still enjoy the operation of the
principle: “no office or employee in the Civil Service shall
be removed or suspended except for cause provided by
law”.
b. Whether an administrative position is primarily
confidential, policy‐determining, or highly technical in
the nature of the functions attached to the position.
c. Policy determining position
Its occupant is vested with the power of formulating
policies for the government or any of its agencies,
subdivisions or instrumentalities.
d. Primarily confidential position
● Its occupants enjoys more than the ordinary
confidence i his aptitude of the appointing power but
bears primarily such as close intimacy which insure
freedom of intercourse without embarrassment of
freedom from misgiving of betrayal of personal trust on
confidential matters of the State. More than ordinary is
required.
● A position may be considered primarily confidential
when the President, upon recommendation of Civil
Service Commissioner, has declared it to be.
● It is the nature of the position which finally determines
whether a position is primarily confidential.
● Primarily confidential appointee is not subject to
removal at the pleasure of the appointing authority.
Instead, termination of such an appointee’s official
relation can be justified on the ground of loss of
confidence, which involves no removal but merely the
expiration of the term of office.
e. Highly‐technical position ‐ Its occupant is required to
possess skills or training in the supreme or superior
degree.
7. Qualification standards in the Civil Service
1. These are the minimum requirements for a class of
positions in terms of education, training and experience,
civil service eligibility, physical fitness, and other qualities
required for successful performance.
2. Use of Qualification Standards
● As basis for civil service examinations for positions in
the career service
● As guides in the appointment and other personnel
actions in the adjudication of protested appointments
● In determining training needs
● As aid in the inspection and audit of the agencies
personnel work programs
8. Kinds of appointment in the career service
a. Permanent ‐ One which is issued to a person who
meets all the requirements for the position including the
appropriate eligibility prescribed.
b. Temporary or acting ‐ One which is issued to a person
who meets all the requirements for the position to which
he is being appointed except the appropriate civil service
eligibility.
9. Instances of temporary appointment
a. Where the appointee does not possess civil service
eligibility
b. Where the appointee has civil service eligibility but
different from that which is
appropriate to the position for which he was appointed.
c. Where the appointment is made by the President to fill
an executive office
during the absence or incapacity of the incumbent
d. Where the appointee has not passed any civil service
examination
e. Where the new appointment is still subject to a
condition and compliance has not been made yet
f. Where a new incumbent has been appointed to fill the
position of a regular employee who has been illegally
suspended or dismissed.
g. Where a person is designated as an officer in charge
h. Where the appointment is made at the pleasure of the
appointing power
10. Separation of temporary employees
Can be terminated or withdrawn at the pleasure of the
appointing power, without notice of hearing, or a
moment’s choice, and regardless of the grounds or
reasons.
11. Qualification in an appropriate examination
a. Temporary appointment of non‐eligible in the absence
of eligible
b. Appointment to a position requiring lower eligibility
c. Issuance/revocation of certificate of eligibility
12. Approval/recall of appointments by the Civil Service
Commission
a. Appointments required to be approved:
● General Rule: The Civil Service Commission must
approve all appointments, whether original or
promotional, to positions in the civil service and
disapprove those where the appointees do not possess
the appropriate eligibility or required qualifications.
● EXPN: Presidential appointments, members of the
Armed Forces of the Philippines, police forces, firemen,
and jail guards.
b. Right of appointee to a hearing in case of disapproval
c. Effectivity of appointment until disapproval
d. Criterion to be employed
e. Extent of Commission’s authority
f. Attestation of appointment
g. Keeping of records of all appointments
h. Recall of appointment
i. Grounds for recall Rule VI, Sec. 20 Omnibus
Implementing Regulations of the Revised Administrative
Code :
● Non‐compliance with the procedures/criteria provided
in the agencies
Merit Promotion Plan;
● Failure to pass through the agency’s
Selection/Promotion Board;
● Violation of the existing collective bargaining
agreement between management and employees
relative to promotion; or
● Violation of other existing civil service law, rules and
regulation.
D. Vacancy
There is a vacancy when an office is empty and without a
legally qualified incumbent appointed
or elected to it with a lawful right to exercise it powers
and perform its duties.
1. Classifications
a. original – when an office is created and no one has
been appointed to fill it;
b. constructive ‐ when the incumbent has no legal right
or claim to continue in office and can be legally replaced
by another functionary;
c. accidental – when the incumbent having died,
resigned, or been removed, there
is no one in esse discharging the duties of the office
d. absolute – when the term of an incumbent having
expired and the latter not having held over, no successor
is in being who is legally qualified to assume the office
2. Causes of vacancy
a. Death, permanent disability, removal from office or
resignation of the incumbent.
b. Abandonment, expiration of term, conviction of a
crime, impeachment conviction, acceptance of
incompatible office, creation of a new office, reaching
the age limit and recall. Failure of persons chosen for
office to accept or qualify for the office.
3. Filing of anticipated vacancies
a. Generally appointment legal – a prospective
appointment to fill an anticipated vacancy in a public
office, made by the person or body which, as then
constituted, is empowered to fill the vacancy when it
arises, is in the absence of express law forbidding it, legal
appointment, and vests title to the office in the
appointee.
b. Where appointment to take effect after expiration of
appointing power – but the appointing power cannot
forestall the rights and prerogatives of their successors
by appointing successors to offices expiring after its
power to appoint has itself expired. It is also plain that an
appointment thus made by anticipation has no other
basis than expediency and convenience.
E. Qualifying to Office
1. Qualification
The person appointed or elected to a public office is
usually required by law, before entering upon the
performance of his duties to do some act by which he
shall signify his acceptance of the office and his
undertaking to execute the trust confided in him.
2. Oath of office for public officers and employees
a. Oath – is an outward pledge whereby one formally
calls upon God to witness to the truth of what he says or
to the fact that he sincerely intends to do what he says
● Constitution – Article VII Section 5
● Administrative Code of 1987
● Local Government Code
3. Necessity of oath of office
a. When the public officer has satisfied the prerequisite
of oath that his right to enter into the position becomes
plenary and complete.
b. Although the law usually requires the taking of an
oath, it is not indispensable. It is mere incident to the
office and constitutes no part of the office itself.
c. The President, the Vice President, or the Acting
President – oath taking is mandatory
d. Unless the law expressly requires more, it is sufficient
that the oath be taken
4. Officers authorized to administer oath
a. Notaries public, members of the judiciary, clerks of
court, the Secretary of either House of the Congress,
Secretaries of departments, bureau directors, registrars
of deeds, provincial governors and lieutenant‐governors,
city mayors, and any other officer in the service of the
government whose appointment is vested in the
President.
b. Officers whose duties, as defined by law or regulation.
5. Public officers and employees required to give bonds
Those to whom are entrusted the collection and custody
of public money, and public ministerial officers whose
actions may affects the rights and interests of individuals.
6. Nature of public funds
a. Indemnity – binding the officer to discharge the duties
of his office
b. Obligation binding the sureties to make good the
officer's default
c. Collateral security
7. Necessity of giving official bonds
a. Mere incident of office
b. Where time prescribed within which to give bond
F. De Facto Officers
1. De facto doctrine
Is the principle which holds that a person who, by the
proper authority is admitted and sworn into office is
deemed to be rightfully in such office until, by judicial
declaration in a proper proceeding, he is ousted
therefrom, or his admission thereto is declared void.
Springs from the fear of the chaos that would result from
multiple and repetitious suits challenging every action
taken by every official whose claim to office could be
open to question, and seeks to protect the public by
insuring the orderly functioning of the government
despite technical defect in title to office.
2. De facto officer is one who has the reputation of being
the officer he assumed to be and yet is not good officer
in point of law.
A person where the duties of the officer are exercised:
a. without a known appointment or election, but under (the d e facto officer) occupied the office in good faith
such circumstance of reputation or acquiescence as were and under the color of title.
calculated to induce people, without inquiry to submit to
or invoke his action, supposing him to be the officer he
assumed to be; or
b. under color of a known and valid appointment or
election, but where the officer has failed to conform to
some precedent requirement or condition, such as to
take an oath, give a bond, or the like; or
c. under the color of a known election or appointment,
void because the officer was not eligible, or because
there was a want of power in the electing or appointing
body, or by reason of some defect or irregularity in its
exercise, such as ineligibility, want of power, or defect
being unknown to the public; or
d. under color of an election or an appointment by or
pursuant to a public, unconstitutional law, before the
same is adjudged to such.

Officer is one who derives his appointment from one

having colorable authority to appoint if the office is an
appointive office, and whose appointment is valid on its
face.

3. De jure officer is one who has the lawful right to the

office in all respects, but who has either been ousted
from it, or who has never actually taken possession of it.

4. Requirements to become officer de jure

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

6. Elements of de facto officership

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

7. Liabilities of a de facto officer

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

b. While official acts of a d e facto officer are valid and

may be binding with regard to third persons and the
public the person so acting may be liable for all penalties
imposed by law for usurping or unlawfully holding office,
or for exercising the functions thereof without lawful
right or without being qualified according to law.

c. It is likewise the general rule that a public officer

cannot excuse his responsibility for crimes committed in
his official capacity by asserting that he was an officer de
facto .

d. A rightful incumbent of a public office may recover

from a d e facto officer the salary received by the latter
during the time of his wrongful tenure, even though he

CHAPTER IV: POWERS,
DUTIES, AND NORMS OF
CONDUCT OFPUBLIC
OFFICERS
Source of powers and authority of public office.
 People themselves.
 Public law.
Authority of public officer not presumed.
Authority of public officer and private agents
distinguished.
1. Private agents
a. Universal
b. General
c. Special
2. Public agents
a. General
b. Special/ Limited
Ascertainment of authority of public officer.
 Persons contracting with the public officer
acting under a public law, must, at their peril,
ascertain the scope of the officer's authority,
and are chargeable with notice of the contents
of the law conferring that authority.
Scope of power of a public officer.
1. Expressly conferred upon him by the law under
which he has been appointed or elected;
2. Expressly annexed to the office by the law which
created it or some other law referring to it; or
3. Attached to the office as incidents to it.
Territorial limitation of authority of public officers.
1. Limited to territory where law has effect.
2. Action at a place not authorized by law
ordinarily invalid.
Duration of authority.
1. Duration of term as provided by the law.
2. Where officer chosen to act in reference to a
particular subject.
Construction of grant of powers.
 Strict interpretation and will be construed as
conferring those powers only which are
expressly imposed or necessarily implied.
Classification of powers and duties.
From their Ministerial. — Official duty is
nature ministerial when it is absolute,
certain, and imperative involving
merely execution of a specific duty
arising from fixed and designated
facts.
Discretionary. — Discretionary or
judicial duties are such as necessarily
require the exercise of reason in the
adaptation of means to an end, and
discretion in determining how or
whether the act shall be done or the
course pursued.
From the Mandatory. — Powers conferred on
standpoint of public officers are generally construed
the obligation as mandatory although the language
of the officer to may be permissive, where they are for
perform his the benefit of the public or
powers and individuals.
duties
Permissive. — Statutory provisions
define the time and mode in which
public officers will discharge their
duties, and those which are obviously
designed merely to secure order,
uniformity, system, and dispatch in
public business, are generally deemed
directory.
From the Power of control. — It implies the
standpoint of power of an officer to manage, direct
the relationship or govern, including the power to
of the officer to alter or modify or set aside what a
his subordinates subordinate had done in the
performance of his duties and to
substitute his judgment for that of the
latter.
Power of supervision. — Supervisory
power is the power of mere oversight
over an inferior body. It does not
include any restraining authority over
such body. He merely sees to it that
the rules are followed, but he himself
does not lay down such rules, nor
does he have the discretion to modify
or replace them.
Ministerial and discretionary powers distinguished.
1. Nature of act. — Determined by the facts of the
particular case.
2. Exercise of discretion. — Whether the act
complained of involves policy making or
judgment.
Meaning of discretion.
Discretion - act or the liberty to decide according to the
principles of justice and one's ideas of what is right and
proper under the circumstances, without willfulness or
favor.
Exercise of discretion limited.
 The exercise of the officer's discretion is still
limited, by legal construction, to the evident
purposes of the act, and to what is known as a
sound and legal discretion, excluding all
arbitrary, capricious, inquisitorial and oppressive
proceedings.
Remedy to compel exercise of duty.
 Purely ministerial - the courts will require
specific action.
 Purely discretionary - the courts, by mandamus,
will require action only.
Delegation of discretionary powers.
 Unless the power to substitute another in his
place has been given to him, a public officer
cannot delegate his duties to another.
Delegation of ministerial powers.
It can be delegated, except:
 Expressly prohibited.
 Expressly requires the act to be performed by
the officer in person.
Time to perform official acts.
1. Where no time stated in statute. — Must be
performed within a reasonable time.
2. Where time stated in statute. — The time period
expressed is to be construed as directory and
not mandatory, unless the nature of the act to
be performed or the language used in the
statute evidences an intention to limit the
power of the officer.
Ratification of unauthorized acts.
His acts may be ratified, except:
a. When an act which was absolutely void at the
time it was done.
b. Not merely voidable.
State is not estopped by the unauthorized or illegal acts
of its agents.
Where superior officers have authority to ratify the acts
of their inferiors, they are restricted to the ratification of
acts and contracts which they themselves are
empowered to make.
Judicial review of official acts.
1. Where act involves exercise of discretionary
power. — He is the sole and exclusive judge of
the existence of those facts.
2. Where act involves performance of purely
ministerial duty. — Any person who will sustain
personal injury by such refusal may have a
mandamus to compel its performance.
3. Where act reviewed done without jurisdiction.
—The courts are not bound by an officer’s
interpretation of the law under which he
presumes to act.
Norms of conduct of public officials and employees.
1. Public office is a public trust.
2. Standards of personal conduct.
a. Commitment to public interest.
b. Professionalism.
c. Justness and sincerity.
d. Political neutrality.
e. Responsiveness to the public.
f. Nationalism and patriotism.
g. Commitment to democracy.
h. Simple living.
3. Duties of the Civil Service Commission.
a. Promote observance of these standards;
and
b. Continue to research and experiment on
measures which provide positive motivation
to public officials and employees.
System of incentives and rewards.
1. Criteria.
a. Years of service;
b. Quality and consistency of performance;
c. Obscurity of the position;
d. Level of salary;
e. Unique and exemplary quality of
achievement;
f. Risk or temptation inherent in the work;
and
g. Any similar circumstances or consideration
in favor of the particular awardee.
2. Form of incentives and rewards.
a. Bonuses; or
b. Citations; or
c. Directorship in government-owned or –
controlled corporations; or
d. Local and foreign scholarship grants; or
e. Paid vacations; and
f. Automatic promotion to the next higher
position suitable to his qualifications and
with commensurate salary.
3. Committee on Awards. — Composed of the
following:
a. The Ombudsman
b. Chairman of the Civil Service Commission as
Co-Chairmen
c. Chairman of the Commission on Audit
d. Two (2) government employees to be
appointed by the President as members.
Purpose:
a. Conduct a periodic, continuing review of
performance of officials and employees in
all departments, offices, and agencies;
b. Establish a system of annual incentives and
rewards to the end that due recognition is
given to officials and employees of
outstanding merit;
c. Determine the form of rewards to be
granted;
d. Formulate and adopt its own rules to
govern the conduct of its activities.
4. Secretariat. — Provide secretariat services to
the Committee.
Duties of public officers as trustees for the public.
1. In General Duties
a. Duty to obey the law.
b. Duty to accept and continue in office.
c. Duty to accept burden of office.
d. Duty as to diligence and care.
e. Duties in choice and supervision of
subordinates.
2. Ethical duties.
a. Duty as to outside activities. rights
b. Duty where personal interest is involved.
c. Duty to act with civility.
Duty to make financial disclosure.
 To maintain public confidence in government
and in public officials and employees,
 To avoid conflicts of interest from arising, to
deter corruption,
 To provide the citizens with information
concerning a public officer's financial affairs.
Specific duties of public officials and employees.
1. Act promptly on letters and requests.
2. Submit annual performance reports.
3. Process documents and papers expeditiously.
4. Act immediately on the public's personal
transactions.
5. Make documents accessible to the public.
Actions on requests and petitions.
1. General rule - shall do so immediately, without
discrimination, and in no case beyond fifteen
(15) working days from receipt of the request or
petition.
2. In case of written requests - shall act on the
same within fifteen (15) working days from
receipt thereof.
3. The department, office, or agency must take
action within a period of fifteen (15) working
days.
Processing of papers and documents.
Within a reasonable time from the preparation thereof,
in accordance with the following rules:
1. As prescribed by the law;
2. If law is silent, head of department, office, or
agency to determine reasonable time, taking
into account the:
a. Nature, simplicity or complexity of the
subject matter;
b. Completeness or inadequacy of
requirements;
c. Lack of resources caused by circumstances
beyond the control of the department,
office, or agency or official or employee
concerned;
d. Legal constraints;
e. Fault, failure or negligence of the party
concerned which renders decision or action
not possible or premature; and
f. Fortuitous events or force majeure.
Signing of any written action or decision.
 Must contain no more than three (3) initials or
signatures.
Public disclosure of statements of assets and liabilities.
1. Statement of Assets and Liabilities and Financial
Disclosure.
a. Contents.
 real property, its improvements,
acquisition costs, assessed value and
current fair market value;
 personal property and acquisition cost;
 all other assets such as investments,
cash on hand or in banks, stocks,
bonds, and the like;
 financial liabilities, both current and
long-term;
 all business interests and financial
connections,
b. When to file.
 within thirty (30) days after assumption
of office, statements of which must be
reckoned as of his first day of service;
 on or before April 30, of every year
thereafter, statements of which must
be reckoned as of the end of the
preceding year;
 within thirty (30) days after separation
from the service, statements of which
must be reckoned as of his last day in
office.
c. Where to file.
 President, Vice-President, and
Constitutional Officials, with the
National Office of the Ombudsman;
 Senators and Congressmen, with the
Secretaries of the Senate and the
House of Representatives, respectively;
Justices, with the Clerk of the Supreme
Court; Judges, with the Court of
Administrator; and all national
executive officials, such as members of
the Cabinet, Undersecretaries, and
Assistant Secretaries, including the
foreign service and heads of
government- owned or -controlled
corporations with original charters and
their subsidiaries and state colleges and
universities, with the Office of the
President;
 Regional and local officials and
employees, both appointive and
elective, including other officials and
employees of government-owned or -
controlled corporations and their
subsidiaries, with the Deputy
Ombudsman in their respective
regions;
 Officers of the armed forces from the
rank of colonel or naval captain, with
the Office of the President, and those
below said ranks, with the Deputy
Ombudsman in their respective
regions; and
 All other public officials and employees,
defined in Republic Act No. 3019, as
amended, with the Civil Service
Commission.
d. Authority in favor of Ombudsman. —
Execute, within thirty (30) days from the
date of their assumption of office, the
necessary authority in favor of the
Ombudsman to obtain from all appropriate
government agencies such documents as
may show their assets, liabilities, net worth.
2. Identification and disclosure of relatives. — Such
relatives shall include those up to the fourth civil
degree of relationships, either of consanguinity
or affinity.
3. Accessibility of documents.
a. At reasonable hours.
b. Made available for copying after ten (10)
working days from the time they are filed.
c. Available to the public for a period of ten
(10) years after receipt of the statement.
4. Prohibited acts.
a. any purpose contrary to morals or public
policy; or
b. any commercial purpose other than by
news and communications media for
dissemination to the general public.
 5. Authority/ responsibility of certain officials -
Authority to determine whether said statements
have been properly accomplished:
a. In the case of Congress, the designated
committees of both Houses of Congress
subject to approval by the affirmative vote
of the majority of the particular House
concerned;
b. In the case of the Executive Department,
the heads of departments, offices, and
agencies insofar as their respective
departments, offices and agencies are
concerned subject to approval of the
Secretary of Justice;
c. In the case of the Judicial Department, the
Chief Justice of the Supreme Court; and
d. In case of the Constitutional Commissions
and other Constitutional Offices, the
respective Chairman and members thereof;
in the case of the Office of the Ombudsman,
the Ombudsman.
6. Review and compliance procedures.
7. Basis in monitoring income and lifestyle of
government officials and employees. — Sworn
Statement of Assets and Liabilities (SSAL).

Transparency of transactions and access to information.

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

Reforms on public administrative systems.

1. Conduct value development programs.
2. Conduct professional, etc. programs.
3. Conduct studies and analyses of work systems.
4. Develop and make available a service guide.
5. Consult the public for feedbacks and
suggestions.
6. Conduct research and experimentation.
7. Designate a resident Ombudsman.
8. Consult and dialogue with staff.

CHAPTER V: RIGHTS AND
PRIVILEDGES OF PUBLIC
OFFICERS
A. IN GENERAL
Rights incident to public office
Rights as a citizen
a. Protection from publication commenting on his fitness
and the like
b. Engaging in certain political and business activities
B. RIGHT TO COMPENSATION
Power of Congress to fix compensation
a. Power primarily but not exclusively legislative in
character
b. Power may be delegated subject to statutory
limitations
Compensation, not an element of public office
Forms of compensation defined and distinguished
A. Compensation
means pay for doing all that may be required whether
it is in the form of a fixed salary or wages, per diems,
fees, commissions, or perquisites of whatever character.
it is distinguished from honorarium, as honorarium is
given not as a matter of obligation but in appreciation for
services rendered; a voluntary donation in consideration
of services which admit of no compensation in money.
B. Salary
is the personal compensation to be paid to the public
officer for his services, it is generally a fixed annual or
periodical payment depending on the time and not the
amount of service.
It is distinguished from wages, as wages is given to
officers of lesser rank and paid per day or week.
C. Per diem
is merely one forms of compensation granted to public
officers which is fixed, not as ordinarily by the year or by
the month but by the day.
is a daily allowance given for each day an officer or
employee of government is away from her home base. It
is intended to cover the cost of lodging and subsistence
of officers and employees when the latter are on duty
outside of their permanent station.
Could rightfully be considered a compensation or
remuneration attached to an office.
not deemed to be a salary within the Constitutional
provision that no change in the compensation of officers
shall affect the salary of any officer during his existing
term.
D. Emoluments
refers to the profits arising from the office, and that
which is received as compensation for services or which
is annexed to the office as salary, fees or perquisites.
Includes fees and compensation as the incumbent of
the office is, by law, entitled to receive.
Allowances are included in the term “emoluments”
(i.e., representation and transportation, housing, etc.)
Basis of right to compensation
1. Creation of law
2. Services rendered
3. Compensation fixed by law
4. Legal title to office
5. Amount of compensation
6. Ex oficio position
Recovery of compensation
1. From the government
a. De jure officer cannot recover that which has been
paid to a de facto officer unless the government
continues to pay even after having received notice of an
adjudication in favor of the de jure.
b. In cases where there is no de jure officer, a de facto
officer is legally entitled to the emoluments of the office
if he is:
1. In good faith
2. Has possession of the office
3. Has discharge of the duties of said office
2. From the de facto officer
a. After the notice of adjudication in favor of the de jure
officer, the de facto officer is not entitled to keep what
has been paid for services rendered.
b. Also, where the tenure of the de facto was wrongful,
the salary received by such may be recovered.
3. From the intruder or usurper
o An intruder or usurper has no right to the salary or
emoluments of the office. He becomes liable to the de
jure officer in an action for money he had received.
Salary not subject to garnishment
Garnishment
is a kind of attachment for reaching credits belonging
to the judgment debtor owing to him from a stranger to
litigation.
o The salary of a public officer may not be subject of
garnishment, attachment, or order of execution, nor be
seized before being paid to him, and appropriated for the
payment of his debts for the following reasons:
1. While the money is still in the hands of the disbursing
officer, it belongs to the Government;
2. Public policy forbids such practice since it would be
fatal to the public service;
3. The garnishment or attachment of an officer’s salary is
tantamount to a suit against the State in its own court,
which is
prohibited except with its consent.
Agreements affecting compensation
a. Compensation is given not only for remuneration of
services but also to enable the incumbent to give due
attention to his official duties and to perform them
better.
o Any agreement respecting such compensation is invalid
as against public policy if it tends to pervert such
compensation to purpose other than that for what it was
intended. This rule specifically refers to unperformed
services and the salaries attached thereto and to those
already performed which the officer can validly disburse
as he may see fit.
b. The following agreements are invalid:
1. Agreement to accept, or acceptance of less or other
than legal compensation
2. Sale, assignment, or barter of said compensation
3. Dividing compensation with others if it amounts to an
anticipatory agreement
Prohibition against diminution of salary
a. Congress has absolute power to fix or alter the
compensation of public officers, except as provided by
the Constitution.
b. The Constitution prohibits Congress from reducing the
salary of the following constitutional officers during their
term or tenure in order to secure their independence:
1. President and Vice-President
2. Chief Justice, Associate Justices of the Supreme Court,
and judges of lower courts
3. Chairmen and members of the Constitutional
Commissions
4. Ombudsman and his Deputies
Prohibition against receiving additional, double, or
indirect compensation
“No elective or appointive public officer or employee shall
receive additional, double, or indirect compensation,
unless specifically authorized by law, nor accept without
the consent of the Congress, any present, emolument,
office, or title of any kind from any foreign government.
Pensions or gratuities shall not be considered as
additional, double, or indirect compensation.”
(Constitution, Article IX-B, Section 8)
The prohibition does not apply in the following cases:
1. The law, in certain instances, specifically authorizes
payment where it appears just and necessary
2. Additional compensation is received not from
government or any of its entities
3. In case of double appointments where there are 2
distinct offices, the public officer may draw the salary
attached to the 2nd position only when law specifically
authorizes him.
Free voluntary service to the government
Free voluntary service
refers to services rendered by persons who are in
government without pay or compensation.
1. Requirements for free voluntary service
a. Issuance of an appointment document
b. Fitness and suitability for the duties and
responsibilities of the particular position
c. Compliance with the rule on nepotism
2. Functions or services that volunteers can perform:
a. Advisory
b. Consultancy or counseling
c. Recommendatory
d. Professional services
e. Staff work such as planning or research
f. Humanitarian
3. Applicable laws and rules
o The Code of Conduct and Ethical Standards for Public
Officials and Employees (Republic Act no. 6713) and the
Implementing Rules on:
a. Rewards and incentives
b. Norms of conduct and ethical standards
c. Duties and obligations of public officers and employees
d. Prohibitions and sanctions
enumerated in the Implementing Rules
e. Civil and criminal liability
4. Exemptions
o Those who render free voluntary service are exempted
from the following:
a. Filing of statements of assets and liabilities and net
worth, and financial disclosures
b. Requirement of divestment
c. Eligibility requirements
d. Security of tenure
5. Prohibitions
o Unless otherwise provided in the terms of their
designations, volunteers are prohibited from:
a. Exercising supervisory functions over personnel
b. Exercising functions of positions involving national
security
c. Having access to confidential or classified information
unless authorized by proper authorities
d. Occupying regular plantilla positions
e. Having such services credited as government service
and availing themselves of retirement benefits
f. Using facilities and resources of the office for partisan
political purposes
g. Receiving any pecuniary benefit such as honoraria,
allowances, and other perquisites of office.
C. OTHER RIGHTS
1. Rights under the Constitution
a. Right to self-organization
b. The right to protection of temporary employees
c. Freedom of members of Congress from arrest and
from being questioned
d. The right not to be removed or suspended except for
cause provided by law
2. Participation in prohibited activity or mass action
“Prohibited concerted activity or mass action”
refers to any collective activity undertaken by
government employees either by themselves or through
their employees’ organizations, with the intent of
effecting work stoppage or service disruption in order to
realize their demands or force concessions, economic or
otherwise, from their respective agencies or the
government.
3. Rights under the Civil Service Decree and the new
Administrative Code
a. The right to preference in promotion
b. The right to present complaints and grievances
c. The right not to be suspended or dismissed except for
cause as provided by law and after due process
d. Right to organize
NEXT-IN-RANK RULE
4. Personnel actions
refers to any action denoting movement or progress of
personnel in the civil service which must be in
accordance with the rules or standards promulgated by
the Civil Service .
o Personnel actions include the following:
1. Appointment through certification
2. Promotion
It is the advancement from one position to another
with an increase in duties and responsibilities as
authorized by law and usually accompanied by an
increase in pay.
3. Transfer
It is the movement from one position to another of
equivalent rank, level, or salary without break in service
involving issuance of appointment.
4. Reinstatement
It means restoration to a state or condition from which
one has been removed or separated.
5. Reemployment
6. Detail
It is the movement of an employee from one
department or agency to another without the issuance of
appointment and shall be allowed only for a limited
period in case of employees occupying professional,
technical, and scientific positions.
7. Reassignment
8. Demotion
It is the movement from one position to another
involving the issuance of an appointment with
diminution in duties, responsibilities, status, grade or
rank which may or may not involve reduction in salary.
5. Rights under the Revised Government Service
Insurance Act
o Covered employees are entitled to the following
benefits:
1. Retirement benefits
2. Separation benefits
3. Unemployment or involuntary separation benefits
4. Disability benefits
5. Survivorship benefits
6. Funeral benefits
7. Life insurance benefits
6. Pension
are regular allowances paid to an individual or group
of individuals by the government in consideration of
services rendered, or in recognition of merit, civil or
military
Pension and gratuity distinguished
o Gratuity is a donation and act of pure liberality on the
part of the State.
7. Retirement
as a withdrawal from office public station, business,
occupation, or public duty.
8. Right to reimbursement and indemnity
9. Right to reinstatement and back salary
o Reinstatement
Is the restoration to a state or condition from which
one had been removed or separated.
o Back Salary
Is a form of relief that restores the income that was
lost by reason of unlawful dismissal.
10. Rights to property, devices and inventions
11. Right to recover reward for performance of duty

CHAPTER VI: DISABILITIES
AND INHIBITIONS OF
PUBLIC OFFICERS
A. Constitutional Prohibitions
I. Disabilities of President, Vice-President, Members of
Cabinet, and their Deputies and Assistants
1. They shall not hold, unless otherwise provided in the
Constitution, any other office or employment;
2. They shall not practice any other profession;
3. They shall not participate, directly or indirectly, in any
business;
4. They shall not be financially interested, directly or
indirectly, in any contract with, or in any franchise or
special privilege granted by the government or any
subdivision, agency or instrumentality thereof including
any government-owned or controlled corporation or
their subsidiaries; and
5. They shall strictly avoid conflict of interest in the
conduct of their office.
II. Disabilities of the members of the Congress
1. No senator or member of the House of
Representatives may hold any other office or
employment in the Government, or any subdivision,
agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries, during his term without forfeiting his seat;
2. Neither shall he be appointed to any office which may
have been created or the emoluments thereof increased
during the term for which he was elected;
3. No Senator or Member of the House of
Representatives may personally appear as counsel before
any court of justice before the Electoral Tribunals, or
quasi-judicial and other administrative bodies;
4. Neither shall he, directly or indirectly, be interested
financially in any contract with, or in any franchise or
special privilege granted by the Government, or any
subdivision, agency, or instrumentality thereof, including
any government-owned or controlled corporation, or its
subsidiary, during his term of office. He shall not
intervene in any matter before any office of the
Government for his pecuniary benefit or where he may
be called upon to act on account of his office;
5. He shall not intervene in any cause or matter before
any office of the Government for his pecuniary benefit or
where he may be called upon to act on account of his
office or to give his vote as a member of the Congress.
III. Disqualifications to hold any other office or
employment in the government
1. Incompatible office – This include any kind of office or
employment in the government, or any subdivision,
agency, or instrumentality thereof, including
government-owned or controlled corporations or their
subsidiaries during his term. The phrase “Any other office
or employment” includes any position in the government
outside of Congress, including ex-officio membership of
any non-congressional body, committee or commission
in any guise whatsoever, unless the second office or
employment is connected with or in aid of legislative
duties.
2. Forbidden office – This refers to any office created or
the emoluments of which have been increased during
the term for which he was elected, not merely during his
tenure or period of actual insolvency.
IV. Prohibition against financial interest
1. Appearance as counsel before any court of justice, etc.
– A member of congress shall not appear personally as
counsel before any court of justice or before the
electoral tribunals or quasi-judicial and other
administrative bodies.
2. Financial interest in any contract with the government
– He shall not, directly or indirectly, be interested
financially in any contract with the government, etc.,
during his term of office whether as an individual or as a
member of a partnership or as an officer of a
corporation.
3. Financial interest in any special privilege by the
government – He shall not, directly or indirectly, be
interested financially in any franchise or special privilege
granted by the government, etc., during his term of
office.
4. Intervention in certain matter – he shall not intervene
in any cause or matter before any office of the
government for his pecuniary benefit or where he may
be called upon to act on account of his office or to give
his vote as member of Congress.
V. Disabilities of members of Constitutional Commission
1. No member of a Constitutional Commission shall,
during his tenure, hold any other office or employment.
2. Neither shall he engage in the practice of any
profession or in the active management or control of any
business which in any way may be affected by the
functions of his office.
3. Nor he shall be financially interested, directly or
indirectly, in any contract with, or in any franchise or
privilege granted by the government, any of its
subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their
subsidiaries.
VI. Prohibition against designation of members of
judiciary to administrative positions
Article VIII Section 12
“ The members of the Supreme Court and of other courts
established by law shall not be designated to any agency
performing quasi-judicial or administrative functions.”
VII. Prohibition against engaging in partisan political
activities
Article IX-B, Section 2, par. 4
“No officer or employee in the civil service shall engage,
directly or indirectly, in any electioneering or partisan
political campaign.”
Article XVI, Section 5, par. 3
“Professionalism in the armed forces and other
remuneration and benefits of its members shall be a
prime concern of the State. The armed forces shall be
insulated from partisan politics.
No member of the military shall engage directly or
indirectly in any partisan political activity, except to
vote.”
VIII. Prohibition against appointment of elective
officials
Article IX, Section 7
“xxx No elective official shall be eligible for appointment
or designation in any capacity to any public office or
position during his tenure .”
IX. Prohibition against holding more than one position
by appointive officials
Article IX-B, Section 7
“Unless otherwise allowed by law or by the primary
functions of his position, no appointing official shall hold
any other office or employment in the Government or
any subdivision, agency or instrumentality thereof,
including, government-owned or controlled corporations
or their subsidiaries.”
X. Prohibition against acceptance of any present, etc.
from any foreign state
Article IX-B, Section 8
“No elective or appointive public officer or employee
shall xxx accept without the consent of the Congress, any
present, emolument, office, or title of any kind from any
foreign government.”
XI. Prohibition against receiving additional, double, or
indirect compensation
Article IX-B, Section 8
“No elective or appointive public officer or employee
shall receive additional, double or indirect compensation,
unless specifically authorized by law xxx.
Pensions and gratuities shall not be considered as
additional, double or indirect compensation.”
XII. Prohibition against appointment of members of the
armed forces to certain positions
Article XVI, Section 5, par. 4
“No member of the armed forces in the active service
shall, at any time, be appointed or designated in any
capacity to a civilian position in the Government
including government-owned or controlled corporations
or any of their subsidiaries.”
XIII. Prohibition against grant of loan, guaranty, or other
form of financial accommodation
Article XI, Section 16
“No loan, guaranty, or other form of financial
accommodation for any business purpose may be
granted, directly or indirectly, by any government-owned
or controlled bank or financial institution to the
President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, and the
Constitutional Commissions, the Ombudsman, or to any
firm or entity in which they have controlling interest,
during their tenure.”
B. Prohibitions Under Existing Laws
CESO (PD 807)
Political Activity - No officer or employee in the Civil
Service including members of the Armed Forces, shall
engage directly or indirectly in any partisan political
activity or take part in any election except to vote nor
shall he use his official authority or influence to coerce
the political activity of any other person or body. Nothing
herein provided shall be understood to prevent any
officer or employee from expressing his views on current
political problems or issues, or from mentioning the
names of candidates for public office whom he supports:
Provided, That public officers and employees holding
political offices may take part in political and electoral
activities but it shall be unlawful for them to solicit
contributions from their subordinates or subject them to
any of the acts involving subordinates prohibited in the
Election Code.
Additional or Double Compensation- No elective or
appointive public officer or employee shall receive
additional or double compensation unless specifically
authorized by law nor accept without the consent of the
President, any present, emolument, office, or title of any
kind from any foreign state.
Limitation on Employment of Laborers- Laborers,
whether skilled, semi-skilled or unskilled, shall not be
assigned to perform clerical duties.
Prohibition on Detail or Reassignment- No detail or
reassignment whatever shall be made within three (3)
months before any election.
Nepotism - All appointments made in favor of a relative
of the appointing or recommending authority, or of the
chief of the bureau or office, or of the persons exercising
immediate supervision over him, are hereby prohibited.
LGU Officers
Business and Pecuniary interest
Business transaction with local government unit in which
he is an official or employee over which he has the power
of supervision, or with any of its authorized board,
official, agents, or attorneys, whereby money is to be
[paid or property or any other thing of value is to be
transferred directly or indirectly out of the resources of
the LGU unit to such person or firm.
Cockpits
Forfeited real estate in favor of LGU for unpaid taxes or
by virtue of a legal process at the instance of the said
LGU.
Use of Public property for private purposes
ETC.
Practice of Profession
those members of the Bar
Appear as counsel before any court in any civil and
criminal cases case wherein a local LGU or any office,
agency or instrumentality is the adverse party
Collect any fee for their appearance in admin
proceedings involving LGU of which he is an official
Use property or personnel of government except when
the SB member concerned is defending the interest of
the Govt
LGU official in medical profession may exercise
profession even during official hours of work during
emergencies provided that the officials concerned do not
derive monetary compensation.
Partisan Political Activity
Property in Public Auctions
The following persons cannot acquire by purchase, even
at a public or judicial auction, either in person or through
the mediation of another:
(1) The guardian, the property of the person or persons
who may be under his guardianship;
(2) Agents, the property whose administration or sale
may have been entrusted to them, unless the consent of
the principal has been given;
(3) Executors and administrators, the property of the
estate under administration;
(4) Public officers and employees, the property of the
State or of any subdivision thereof, or of any
government-owned or controlled corporation, or
institution, the administration of which has been
entrusted to them; this provision shall apply to judges
and government experts who, in any manner
whatsoever, take part in the sale;
(5) Justices, judges, prosecuting attorneys, clerks of
superior and inferior courts, and other officers and
employees connected with the administration of justice,
the property and rights in litigation or levied upon an
execution before the court within whose jurisdiction or
territory they exercise their respective functions; this
prohibition includes the act of acquiring by assignment
and shall apply to lawyers, with respect to the property
and rights which may be the object of any litigation in
which they may take part by virtue of their profession.
(6) Any others specially disqualified by law.
The prohibitions in the two preceding articles are
applicable to sales in legal redemption, compromises and
renunciations.
BSP
Outside the interest of the Gov. and Full time monetary
board members
Personnel (Anti-Graft and Code of Ethical Standards)
BIR
Unlawful divulgence of trade secrets (PD 1158 sec 269)
Unlawful interest of revenue law enforcers in business.
(PD 1158 sec 270)
Anti-Graft
Influencing other public officer to perform an offense in
connection with official duties
Requesting or receiving any gift in connection with his
official duties
Causing any undue injury to any party
Entering on behalf of the Govt into a contract to the
disadvantage of another
Having financial or pecuniary interest in any business
which is prohibited by law
Becoming interested for personal gain in any transaction
requiring the approval of the board or company
Approving or granting any license or permit in favor of
any person known to him to be not qualified or legally
entitled to such license
Code of Conduct and Ethical Standards
(a) Public officials and employees shall not, directly or
indirectly, have any financial or material interest in any
transaction requiring the approval of their office.
(b) Outside employment and other activities related
thereto. - Public officials and employees during their
incumbency shall not:
(1) Own, control, manage or accept employment as
officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise
regulated, supervised or licensed by their office
unless expressly allowed by law;
(2) Engage in the private practice of their profession
unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend
to conflict with their official functions; or
(3) Recommend any person to any position in a
private enterprise which has a regular or pending
official transaction with their office.
These prohibitions shall continue to apply for a
period of one (1) year after resignation, retirement,
or separation from public office, except in the case
of subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in
connection with any matter before the office he
used to be with, in which case the one-year
prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information.
- Public officials and employees shall not use or divulge,
confidential or classified information officially known to
them by reason of their office and not made available to
the public, either:
(1) To further their private interests, or give undue
advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and
employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or
anything of monetary value from any person in the
course of their official duties or in connection with any
operation being regulated by, or any transaction which
may be affected by the functions of their office.
Divestment (RA 6713, sec 3, f,g,I,j,k)
A public official or employee shall avoid conflicts of
interest at all times. When a conflict of interest arises, he
shall resign from his position in any private business
enterprise within thirty (30) days from his assumption of
office and/or divest himself of his shareholdings or
interest within sixty (60) days from such assumption.
The same rule shall apply where the public official or
employee is a partner in a partnership.
The requirement of divestment shall not apply to those
who serve the Government in an honorary capacity nor
to laborers and casual or temporary workers.
"Conflict of interest" arises when a public official or
employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or owner
or has a substantial interest in a business, and the
interest of such corporation or business, or his rights or
duties therein, may be opposed to or affected by the
faithful performance of official duty.
"Substantial stockholder" means any person who owns,
directly or indirectly, shares of stock sufficient to elect a
director of a corporation. This term shall also apply to the
parties to a voting trust.

"Divestment" is the transfer of title or disposal of interest

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

"Relatives" refers to any and all persons related to a

public official or employee within the fourth civil degree
of consanguinity or affinity, including bilas, inso and
balae.

"Family of public officials or employees" means their

spouses and unmarried children under eighteen (18)
years of age.
 Criminal and civil cases different from administrative
CHAPTER VII: LIABILITIES matters
(Criminal and civil cases VS. Administrative matters)
OF PUBLIC OFFICERS
A. In General Administrative Criminal and Civil
Cases/Matters Cases
Doctrine of official immunity from liabilities for public Purpose Protection of public Punishment of crimes
officers service

The promotion of fearless, vigorous, and Constitution of Solely administrative May be administrative
effective administration of policies of government. The the act or and criminal
threat of suit could also deter competent people from omission
accepting public office. Case Does not bar from Does not foreclose
administration criminal penalty; administrative action,
if due to insufficiency
Official immunity and State immunity distinguished Does not bar from of evidence;
filing of criminal
Official immunity is by protecting the public information; Will not necessarily
official in the performance of his government function. It result to liability in the
serves as a protective aegis for public officials from tort Double jeopardy administrative case
liability for damages arising from discretionary acts or does not apply
functions in the performance of their official duties.
Prejudicial Not applicable
State immunity does not apply in causes of Question
action which do not seek to impose a charge or financial
liability against the government.
Proceedings against public officers

Official immunity not absolute. Hence, such immunity 1. Evidence and procedure
shall only apply to the following: Substantial evidence – such relevant evidence
as a reasonable mind might accept as adequate to
1. Suit to enforce liability for personal torts; and support a conclusion.
2. Suit to compel performance of official duty or restrain
performance of an act. 2. Right to be informed of findings and recommendations
Exceptions: of an investigating committee.
a. A public officer may be sued as such to 3. Object of administrative proceedings.
compel him to do an act required by law; 4. Right to counsel.
b. From enforcing a law claimed to be 5. Effect of death.
unconstitutional; and
c. The government itself violated its own laws. Administrative liability incurred in a previous term by
an elective official

Liability based upon and co-extensive with duty
Two Classes of public officers
1. Those whose duty is owing solely to the public; and
2. Those whose duty is owing in some degree to the
individuals.
Three-fold responsibility of public officers
1. CIVIL. If individual is damaged by the violation of duty,
the officers shall be held liable civilly to reimburse the
injured party;
2. CRIMINAL. If the law has attached a penal sanction,
the officer may be punished criminally;
3. ADMINISTRATIVE. The violation of disciplinary power
may lead to imposition of fine, reprimand, suspension, or
removal from office, as the case maybe.
1. Re-election operates as electorate condonation of a
previous misconduct
Condonation Rule – applied regardless of the
date of filing of the administrative complaint as long as
the wrongdoing was committed prior to the date of re-
election.
2. Condonation does not extend to reappointed
coterminous employees.
3. Re-election does not extinguish criminal or civil liability
The rule that “when the people have elected a
man to his office it must be assumed that they did this
with knowledge of his life and character and that they
disregarded or forgave his faults or misconduct if he had
been guilty of any” - refers only to an action for removal
from office and does not apply to criminal case.
 B. Civil Liability
Requisites for recovery of damages arising from acts of
public officers
Two things that must concur in order to create the right
of action:
1. Damage to himself; and
2. A wrong or violation of the right of a party committed
by the other.
Effect of contributory negligence of injured party
Rule: Public officers should be held to a faithful
performance of their official duties, and made to
answer in damages to all persons who may have been
injured through their malfeasance, omission or
negligence.
Liability of the President for Official Acts
1. Civil responsibility
2. Criminal Liability
3. Liability for Damages
Liability of other Executive Officials for Official Acts
Government officials performing discretionary functions
generally are shielded from liability for civil damages
insofar as their conduct does not violate clearly
established statutory or constitutional rights which any
reasonable person would have known.
Reasons for immunity
a. Immunity is necessary because the imposition of
monetary costs for mistakes which were not
unreasonable in the light of all circumstances
would undoubtedly deter the most
conscientious governmental decision maker
from exercising his judgment independently,
forcefully and in a matter best serving the long-
term interest of the public
b. Officials with broad range of duties and
authority must often act swiftly and firmly at the
risk that an action deferred will be futile or
constitute virtual abdication of office.
Liability of Legislative Officials for Official Acts
Members of the Congress are not only exempt from
general liability but certain special privileges are
accorded them by the Constitution.
Reasons for immunity
Members of public legislative bodies are chosen to enact
such laws and regulations or rules of conduct as in their
judgment best suited to the welfare and prosperity of the
people within their jurisdiction. The performance of this
duty is owing to the public and not to individuals.
Liability of Members of the Judiciary for Official Acts
1. Reasons for immunity
a. The necessary result of the liability
would be to occupy the judge’s time
and mind with the defense of his own
interests, when he should be giving
them up wholly to his public duties,
thereby defeating to some extent the
very purpose for which his office was
created.
b. The effect of putting the judge on his
defense as wrongdoer necessarily is to
lower the estimation in which his office
is held by the public, and any
adjudication against him lessens the
weight of his subsequent decisions.
c. The civil responsibility of the judge
would often be an incentive to
dishonest instead of honest judgments,
and would invite him to consult public
opinion and public prejudices when he
ought to be wholly above and
uninfluenced by them.
d. Such civil responsibility would
constitute a serious obstruction to
justice, in that it would render essential
a large increase in the judicial force,
not only as it would multiply litigation,
but as it would open each case to
endless controversy. If one judge can
be tried for his judgment, the one who
presides on the trial may also be tried
for his, and thus the process may go on
until it becomes intolerable.
e. Where the judge is really deserving of
condemnation, a prosecution at the
instance of the state is a much more
effectual method of bringing him to
account than the private suit.
f. Judicial offices would never be
accepted by any man of standing,
reputation or financial worth, if at the
peril of his fortune, he must justify his
judgments to the satisfaction of
another judge at the instance of a
dissatisfied litigant.
2. Liability for rendering an unjust judgment
3. Liability for gross ignorance of law and
incompetence
4. Quantum of proof necessary to support
administrative charges
Liability of Quasi-judicial Officers for Official Acts
1. Nature of functions
2. Reasons for Immunity
3. Liability for ministerial acts
Liability of Ministerial Officers for Official Acts
1. General Rule
Purely Ministerial Act or Duty – an act which an
officer or tribunal performs in a given state of
facts, in a prescribed manner, in obedience to
 the mandate of the legal authority, without
regard to the exercise of his own judgment upon
the propriety or impropriety of the act done.
2. Requisites for liability
3. Liability where officer also acts extra-judicially
Kinds of Liability of Ministerial Officer
1. Nonfeasance or the neglect or refusal, without
sufficient excuse, to perform an act which it was
the officer’s legal duty to the individual to
perform;
2. Misfeasance or the failure to use, in the
performance of a duty owing to an individual,
that degree of care, skill and diligence which the
circumstances of the case reasonably demand;
and
3. Malfeasance or the doing, either through
ignorance, inattention or malice, of that which
the officer has no legal right to do at all, as
where he acts without any authority whatever,
or exceeds, ignores or abuses his powers.
Liability of Superior Officer for Acts of Subordinates
1. General Rule
2. Exceptions
a. Where, being charged with the duty of
employing or retaining his
subordinates, he negligently or willfully
employs or retains unfit or improper
persons; or
b. Where, being charge with the duty to
see that they are appointed or qualified
in a proper name, he negligently or
willfully fails to require them the due
conformity to the prescribe
regulations; or
c. Where he so carelessly or negligently
oversees, conducts or carries on the
business of his office as to furnish the
opportunity for the default; or
d. A fortiori, where he has directed,
authorized or cooperated in the wrong;
or
e. Where liability is expressly provided in
the statute.
3. Other Exceptions
Liability of Subordinates
1. Same rules as those applicable to officers of
higher rank
2. Where acts done pursuant to orders or
instructions
Liability for Tortious Acts
1. Acts done within scope of official authority
2. Acts done without or in excess of official
authority
Liability under the Civil Code
1. For failure or neglect to perform official duty
2. For violating rights and liberties of private
individuals
a. Freedom of Religion;
b. Freedom of speech;
c. Freedom to write to the press or to
maintain a periodical publication;
d. Freedom from arbitrary or illegal
detention;
e. Freedom of suffrage;
f. The right against deprivation of
property without due process of law;
g. The right to a just compensation when
private property is taken for public use;
h. The right to the equal protection of
laws;
i. The right to be secure in one’s person,
house, papers, and effects against
unreasonable searches and seizures;
j. The liberty of abode and of changing
the same;
k. The privacy of communication and
correspondence;
l. The right to become a member of
association or societies for purposes
not contrary to law;
m. The right to take part in a peaceful
assembly to petition the government
for redress of grievances;
n. The right to be free from involuntary
servitude in any form;
o. The right of the accused against
excessive bail;
p. The right of the accused to be heard by
himself and counsel, to be informed of
the nature and cause of the accusation
against him, and to have a speedy and
public trial, to meet witnesses face to
face, and to have compulsory process,
to secure the attendance of witness in
his behalf;
q. Freedom from being compelled to be a
witness against one’s self, or from
being forced to confess guilt, or from
being induced by a promise of
immunity or reward to make such
confession, except when the person
confessing becomes a state witness;
r. Freedom from excessive fines, or cruel
and unusual punishment, unless the
same is imposed or inflicted with the
statute which has not been judicially
declared unconstitutional; and
s. Freedom of access to the courts
3. For failure to render aid or protection to a
person
Liability on Contract Executed in behalf of the
Government
The general rule is that a public officer within the scope
of his authority and in his official capacity is not
personally liable on contracts executed in behalf of the
government
Liability for Unexplained Wealth

1. Republic Act No. 1379 (Forfeiture of

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

Liability of Accountable Officers to the Government

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

C. CRIMINAL LIABILITY

Generally: No public officer, however high his

position, is above the law; all may be punished for
criminal acts.

Crimes Peculiar to Certain Public Officers

1. Revised Penal Code

a. Malfeasance and misfeasance in office;
b. Frauds and illegal exactions and
transactions;
c. Malversation of public funds or
property;
d. Infidelity of public officers; and
e. Other offenses and irregularities
committed by public officers which
include disobedience, refusal of
assistance, maltreatment of prisoners,
prolongation and abandonment of the
duties and powers of public office,
usurpation of powers, and unlawful
appointments.

CHAPTER VIII:
TERMINATION OF OFFICIAL
RELATIONS
A. Specifically
Modes of termination of official relations
The authority and duties imposed by the office
may be terminated by any of the following ways:
1. Expiration of the term of tenure of office
2. Reaching the age limit
3. Death or permanent disability
4. Resignation
5. Acceptance of incompatible office
6. Abandonment of office
7. Prescription of right to office
8. Removal
9. Impeachment
10. Abolition of office
11. Conviction of a crime
12. Recall
B. Natural Causes
By expiration of term of office- unless he is
authorized by law to hold over, his rights, duties and
authority as a public officer must ipso facto cease.
Term- when used in reference to the tenure of office
means ordinarily a fixed and definite time prescribed by
law or the Constitution by which an officer may hold an
office.
Expiration of tenure - is the right of the occupant himself
to hold the office which is terminated.
Removal and Expiration of term Distinguished
1. Where term of office not fixed by law and incumbent is
relieved by appointing authority, legal effect is the same
as if term has been fixed by Congress itself.
2. Where appointment is for a definite and renewable
period, non-renewable thereof does not involve dismissal
but an expiration of term.
Term and tenure distinguished
Term means the time during which the officer may claim
to hold office as of right and fixes the interval after which
several incumbents shall succeed one another.
Tenure represents the period during which the
incumbent actually holds the office.
Commencement of terms of office
1. Date for commencement is fixed for some appreciable
period after the election or appointment.
2. When there is no time fixed, term will generally begin
on the date of election, in case of elective officers, and
the date of the appointment where the officer is
appointed.
3. Where the term runs “from” a certain date, the day of
the date is excluded in the computation.
Power of Congress to fix, shorten, or lengthen
term
1. Where term fixed by the Constitution- it is beyond the
power of Congress to affect the tenure of such
Constitutional Office.
2. Where term not fixed by the Constitution- Congress
may fix the terms of officers other than those provided
for in the Constitution.
Holding over after expiration of term
1. Where holding over provided by law- the office does
not become vacant upon the expiration of the term if
there is then no successor elected and qualified to
assume it but the present incumbent will hold office until
his successor is elected and qualified, even though it be
beyond the term fixed by law.
2. Where holding over not provided by law- unless such
holding over be expressly or impliedly prohibited,
incumbent may continue to hold until someone else is
elected and qualifies to assume office.
3. Where Constitution limits term- holding over is not
permitted
4. Application of hold-over provision-provision for
holding-over applies only where a fixed term is annexed
to an office.
5. Purpose of hold-over provision- is to prevent a hiatus
in the government pending the time when a successor
may be chosen and inducted into office.
6. Status of hold-over officer- is a de jure officer if his
holding over is authorized by law; otherwise he is a de
facto officer.
Office Created for the Accomplishment of a
Specific Act
Where an office is created, or an officer is
appointed for performing a single act or accomplishment
of a result, the office terminates and officer's authority
ceases with the accomplishment of the purpose which
called it into being.
By Reaching of Age Limit
This mode of terminating official relations
results in the compulsory and automatic retirement of a
public officer.
By death or permanent Disability
The death of incumbent of an office necessarily
renders the office vacant.
Permanent disability covers both physical and
mental disability.
C. Acts or Neglect of Officer
By Resignation
A resignation by definition is the formal
renunciation or relinquishment of a public office. It
implies an expression by the incumbent in some form,
express or implied, of the intention to surrender,
renounce, and relinquish his right to the office and its
acceptance by competent and lawful authority.
Forms of resignation
1) Where by law a resignation is
required to be made in any particular form that form
must be substantially complied with.
2) Where no such form is prescribed,
no particular mode is required, but the resignation
may be made by any method indicative
of the purpose. It need not be in writing unless
so required by law. It may be oral or
implied by conduct.
What constitutes resignation
1) To constitute resignation of public
office, there must be a) an intention to relinquish a
part of the term b)accompanied by the
voluntary act of relinquishment, and c) an
acceptance by the proper authority.
2) A resignation implies an expression
of the incumbent in some form, express or
implied, of the intention to surrender, renounce,
and relinquish the office his/her
accompanied by the act of relinquishment.
3) As the intent to relinquish must
concur with the overt act of relinquishment, the acts of
the employee before or after
the alleged resignation must be considered in
determining whether he or she, in
fact intended to severe his or her employment.
a) A written resignation,
delivered to the board to the board or officer authorized
to receive it and fill
the vacancy thereby created, is prima facie, but not
conclusive evidence
of the intention to relinquish the office. Such resignation
must be signed by the
party tendering it.
b) By applying for and
receiving retirement benefits, one may be deemed to
have irrevocably resigned from the
government service.
c) A voluntary resignation is
difficulty to reconcile with the filing of a complaint
for illegal dismissal.
To whom resignation tendered.
The official with whom a resignation of
a public office must be filed may be designated
by statute. In the absence of a statutory
direction, a public officer should tender to the officer or
body having authority to appoint his successor
or to call an election to fill the office.
Necessity of acceptance of resignation.
1) Abandonment unlawful before
acceptance.
2) Resignation revocable before
acceptance.
Form of acceptance
The acceptance of the resignation may
be manifested either by a formal declaration or by the
appointment of a successor. So where the written
resignation of the officer, intended to operate as
such, was duly written in the proper office without
objection, and was endorsed as his resignation, it was
held that this was a sufficient acceptance, if any was
required.
\ Withdrawal of resignation.
An immediately effective resignation
may be withdrawn before it is acted upon, but not
after acceptance. It has also been held that the
resignation of an officer, effective at a future
date, may not be withdrawn after the
resignation has been accepted. Accordingly, a public
employee is entitled to withdraw a prospective
resignation if the employee dies so before its
effective date, before it has been accepted, and
before the appointing power acts in reliance on the
resignation.
Repudiation of resignation.
1) A resignation is not effective although a
successor has already been appointed to take the
place of the first incumbent if said resignation
has been transmitted without the officer's consent;
2) The resignation of a public officer procured by
fraud or by duress is voidable and may be repudiated;
and
3) A resignation given as an alternative to have
charges filed against the public officer may be
repudiated, for said resignation cannot be
accepted as having given by the officer voluntarily and
willingly.
Effect of duress or coercion.
A resignation by an officer charged with
misconduct is not given under duress or coercion,
though the appropriate authority has already determined
that the officer's alternative is termination, where
such authority has the legal authority to terminate the
officer's employment under the particular
circumstances, since it is not duress to threaten to do
what one has the legal right to do, or to threaten to
take any measure authorized by law and the
circumstances of the case.
By acceptance of an incompatible or prohibited
office.
1) It is contrary to the policy of the law that the
same individual should undertake to perform
inconsistent and incompatible duties. He who,
while occupying one office, accepts another
incompatible with the first, ipso facto, absolutely
vacates the first office.
2) If the law or Constitution as an expression of
public policy forbids the acceptance by a public
officer of any office other than that which he
holds, it is not a case of incompatibility but of
legal or constitutional prohibition.
When offices incompatible with each other.
Incompatibility is to be found in the
character of the officers and their relation to each
other, in the subordination of the functions and
duties which attach to them. It exists where:
1) There is conflict in such duties and functions,
so that the performance of the duties of one
interferes with the performance of the duties of
the other, as to render it improper from
consideration of public policy for one person to
retain both; and
2) One is subordinate to the other and is subject
in some degree to its supervisory power for obviously in
such a situation where both positions are held by the
same person, the design that one acts as a heck on
the other would be frustrated; or
3) The Constitution or the law itself, for reasons
of public policy, declares the incompatibility
even there is no inconsistency in the nature and
functions of the office. Incompatibility of offices or
positions requires the involvement of two government
offices or positions which are held by on individual;
Exceptions to the rule on holding incompatible
offices.
1) Where the officer cannot vacate the first
office by his own act, upon the principle that he will not
be permitted to, thus, do indirectly what he could not do
indirectly, as where the law requires the approval
of the provincial board before a municipal official can
resign.
2) Where the first office is held under a different
government from that which conferred the second;
3) Where the officer is expressly authorized by
law to accept another office; and
4) Where the second office is temporary.
By abandonment of office.
Meaning of abandonment.
Abandonment in law means a voluntary
relinquishment of an office by the holder of all
right, title or claim thereto without valid or
justifiable reason with the intention of not reclaiming it,
or terminating his possession and control thereof.
When there is abandonment of office.
A public office is not deemed property
but like any other right or property it may be
abandoned.
1) Clear intention to abandon office.
2) Acceptance of another office.
3) Concurrence of overt acts and intention.
4) Failure to discharge duties of office, or to
claim or resume it.
5) Acquiescence by the officer.
By prescription of right to office.
A person who claims a right to a public
office occupied by another may bring an action
determine by what authority the latter assumes
to hold and exercise the office in question and
ascertain who is entitled to it.
1) Prescriptive period for filing petition for quo
warranto. - Under the Rules of Court, the proceeding of
quo warranto is the proper and appropriate remedy
against public officer or employee for his ouster from
office which should be commenced within one year after
the cause of such ouster or the right of the
plaintiff to hold such position arose.
2) Rationale for the one-year period- The
rationale is that title to public office should not be
subjected to uncertainties but should be determined as
speedily as possible. Consequently, the period runs
even when there is no person as yet appointed to
succeed in the position and even during the pendency
of a motion for reconsideration in the administrative
level/
3) Non-compliance of prescriptive period-
Exceptional circumstances attending, however, may
justify the non-application of the prescriptive period
enunciated above in order to grant relief that will serve
the ends of justice. Thus, failure to file quo warranto
proceedings does not operate adversely against a
dismissed government employee where it was the
repeated assurance of responsible government officials
which contributed to the delay on the filing of the
complaint for reinstatement.
D. ACTS OF THE GOVERNMENT R THE PEOPLE
Removal – entails the ouster of an incumbent before the
expiration of his term. It implies that the office exists
after the ouster. Another term used is dismissal
What constitutes removal?
1. Appointment to another office
2. Transfer to another office
3. Demotion- the lowering of position with a lower rate
of compensation is also equivalent to removal if no cause
is shown for it when it is not a part of any disciplinary
action. It is defined as the movement from one position
to another involving the issuance of an appointment with
diminution in duties, responsibilities, status or rank which
may or may not involve reduction in salary.
4. Reassignment- a reassignment in good faith and in the
interest of the serve is permissible and valid even with
the employee's prior consent. It is defined as the
movement of an employee from organization unit to
another in the department or agency which does not
involve a reduction in rank, status or salary and does not
require the issuance of an appointment.
5. Constructive removal or dismissal – is defined as a
quitting because continued employment is rendered
impossible, unreasonable or unlikely, as when there is
demotion in rank or of pay. It exists when an act of clear
discrimination, insensibility or disdain by an employer or
superior becomes unbearable to the employee, leaving
him with no option but to forego his continued
employment. Hence, the employee is deemed to have
been illegally dismissed. This may occur although there is
no diminution or deduction of salary. It may be a transfer
from one position of dignity to a more servile or menial
job.
Power of removal of the President.
The Constitution contains no provision expressly vesting
in the President the power to remove executive officials
from their posts. Nevertheless, the power is possessed
by him, as it is implied from any of the following:
1. from his power to appoint
2. from the nature of the executive power
exercised by the President, the power to remove
being executive in nature
3. from the President's duty to execute the laws
4. from the President's control of all departments,
bureaus and offices
5. from the provision that no officer or employee
in the Civil Service shall be removed or
suspended except for cause provided by law.
Extent of the President's power of removal.
1. With respect to non-career officers exercising
purely executive functions whose tenure is not
fixed by law (i.e. members of the Cabinet), the
President may remove them with or without
cause and Congress may not restrict such power.
2. With respect to officers exercising quasi-
legislative or quasi-judicial functions.
3. With respect to constitutional officers
removable only by means of impeachment and
judges of lower courts, they are not subject to
the removal power of the President.
4. With respect to civil service officers, the
President may remove them only for cause as
provided by law
5. With respect to any officer or employee holding
temporary, provisional or acting appointments,
the President may remove them at his pleasure
with or without cause.
6. With respect to officers holding public offices
created by aw where i9t is provided that they
shall hold office at the pleasure of the President
their replacement is not a removal but a mere
expiration of the terms of office; but with
respect to officers holding public offices created
by aw which authorizes the President to remove
officers at pleasure, the President may remove
them only for cause if they belong to the civil
serviced in view of the requirement of the
Constitution
7. With respect to those whose appointments
were made on bases other than those of the
usual test of merit and fitness utilized for the
career service, their tenure is co-terminus with
that of the appointing authority or subject to his
pleasure.
8. With respect to local elective officials, see infra
Grounds for remove or suspension under the
Constitution
1. Member of Congress – each house may punish
its members for disorderly behaviour and with
the concurrence of 2/3 of all its members,
suspend or expel a member. A penalty of
suspension, when imposed shall not exceed 60
days.
2. The President, the Vice-President, the Members
of the Supreme Court, the members of the
Constitutional Commissions, and the
Ombudsman- they may be removed from office,
on impeachment for and conviction of, culpable
violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or
betrayal of public trust.
3. Member of the judiciary-they shall hold office
during good behaviour until they reach the age
of 70 years or become incapacitated to
discharge the duties of their office.
4. Civil service officers or employees-they shall not
be removed or suspended except for cause
provided by law.
Grounds for disciplinary action under the Local
Government Code.
1. Disloyalty to the Republic of the Philippines
2. Culpable violation of the Constitution
3. Dishonesty, oppression, misconduct in office and
neglect of duty
4. Commission of any offense involving moral
turpitude or an offense punishable by at least
prision mayor.
5. Abuse of authority
6. Unauthorized absence for fifteen (15)
consecutive working days except in the case of
members of the Sanggunian panlalawigan,
Sanggunian panglunsod, Sanggunian Bayan and
Sanggunian barangay, and
7. Application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country
8. Such other ground as may be provided in the
Codes and other laws.
Grounds for disciplinary action under the Civil Service
Law
1. Dishonesty
2. Oppression
 3. Neglect of duty
4. Misconduct
5. Disgraceful and immoral conduct
6. Being notoriously undesirable
7. Discourtesy in the course of official duties
8. Inefficiency and incompetence in the
performance of official duties
9. Receiving for personal use a fee, or other
valuable thing in the course of official duties or
in connection therewith when such is given by
any person in the hope or expectation of
receiving a favour or better treatment than that
accorded other persons, or committing acts
punishable under the anti-graft laws
10. Conviction of a crime involving moral turpitude
11. Improper or unauthorized solicitation of
contribution from subordinate employees and
by teachers or school officials from school
children
12. Violation of existing Civil Service Law and rules
or reasonable office regulations
13. Falsification of official documents
14. Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent
unauthorized absences from duty during regular
office hours.
15. Habitual drunkenness
16. Gambling prohibited by aw
17. Refusal to perform official duty or render
overtime service
18. Disgrace, immoral or dishonest conduct prior to
entering the service
19. Physical or mental incapacity or disability due to
immoral or vicious habits
20. Borrowing money by superior officers from
subordinates or lending by subordinates to
superior officers
21. Lending money at usurious rates of interest
22. Wilful failure to pay just debts or wilful failure to
pay taxes due to the government
23. Contracting loans of money or other property
from persons with whom the office of the
employee concerned has business relations
24. Pursuit of private business, vocation or
profession without the permission required by
Civil Service rules and regulations
25. Insubordination
26. Engaging, directly or indirectly, in partisan
political activities by one holding non-political
office
27. Conduct prejudicial to the best interest of the
service
28. lobbying for personal interest or gain in
legislative halls and offices without authority
29. Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable
or public welfare purposes and even in the latter
cases if there is no prior authority
30. Nepotism
Nepotism.
The Civil Service Decree prohibits all appointments in the
national and local governments or any branch or
instrumentality thereof, including government-owned or
controlled corporations, made in favour of a relative of
the:
1. appointing authority
2. recommending authority
3. chief o the bureau or office
4. person exercising immediate supervision over
the appointee
The following are exempted from the operation of the
rule of nepotism:
1. persons employed in a confidential capacity
2. teachers
3. physicians
4. member of the Armed Forces of the Philippines
Grounds for disciplinary action under the Code of
Conduct and Ethical Standards
1. Directly or indirectly having financial and
material interest in any transaction requiring the
approval of his office
2. owning, controlling, managing or accepting
employment as officer, employee, consultant,
counsel, broker, agent, trustee, or nominee in
any private enterprise regulated, supervised or
licenses by his office, unless expressly allowed
by law
3. engaging in the private practice of his profession
unless authorized by the Constitution, law or
regulation, provided that such practice will not
conflict or tend to conflict with his official
functions
4. recommending any person to any position in a
private enterprise which has a regular or
pending official transaction with hi \s office,
unless such recommendation or referral is
mandated by :
A. law
B. international agreements,
C. commitment and obligation
5. disclosing or misusing confidential or classified
information officially known to him by reason of
his office and not made available to the public,
to further his private interests or give advantage
to anyone, or to prejudice the public interest
6. soliciting or accepting, directly or indirectly, any
gift, gratuity, favour, entertainment, loan or
anything of monetary value which in the course
of his official duties or in connection with any
operation being regulated by or any transaction
which may be affected by the functions of his
office
7. obtaining or using any statement filed under the
Code for any purpose contrary to morals or
public policy or any commercial purpose other
than by news and communications media for
dissemination to the general public
8. unfair discrimination in rendering public service
due to party affiliation or preference
9. disloyalty to the Republic of the Philippines and
to the Filipino people
10. failure to act promptly on letters and request
within fifteen (15) days from receipt, except as
otherwise provided in the Implementing Rules
11. failure to process documents and compete
action on documents and papers within a
reasonable time from preparation thereof,
 except as otherwise provided in the
Implementing Rues
12. failure to attend to anyone who wants to avail
himself of the services of the office or to act
promptly and expeditiously on public personal
transactions
13. failure to file swoon statements of assets,
liabilities and net worth, and disclosure of
business interests and financial connections
14. failure to resign from his position in the private
business enterprise with thirty (30) days from
assumption of public office when conflict of
interest arises, and/or failure to divest himself of
his shareholding or interests in private business
enterprise within sixty (60) days from such
assumption of public office when conflict of
interest arises.
Administrative investigation of elective local officials
1. Form and filing of administrative complaints. A
verified complaint against local elective officials
shall be prepared as follows:
A. a complaint against any elective official of a province, a
highly urbanized city, an independent component city, or
component city shall be filed before the Office of the
President
B. a complaint against any elective official of municipality
shall be filed before the Sanggunian Panlalawigan whose
decision may be appealed to the Office of the President
C. a complaint against any elective barangay official shall
be filed before the Sanggunian Panlungsod or Sanggunian
Bayan whose decision shall be final and executory
2. Notice of hearing
3. Preventive suspension- it may be imposed:
A. by the President, if the respondent is an elective
official of a province, a highly urbanized city or an
independent component city
B. by the governor, if the respondent is an elective official
of a component city or municipality
C. by the mayor, if the respondent is an elective official of
the barangay
4. Salary of the respondent pending suspension
5. rights of respondent
6. form and notice of decision
7. administrative appeals – decisions in admin
cases may within thirty (30) days from receipt
thereof, be appealed to the following:
a. Sanggunian panlalawigan, in the case of decisions of
the Sanggunian panlungsod of component cities and the
Sanggunian Bayan
B. the Office of the President in the case of decisions of
the Sanggunian panlalawigan and the Sanggunian
panlungsod of highly urbanized cities and independent
component cities
8. execution pending appeal
The provisions of AO 23 are given below:
1. how initiated
2. where complaint filed
A copy of the complaint shall be furnished to each of the
following:
A. the office of the Governor in the case of component
cities
B. the Metropolitan Manila Authority in the case of cities
and municipalities in Metro Manila
C. the DILG in all cases
3. Notice
4. Where answer filed
A copy of the answer shall be furnished to each of the
following:
A. the complainant
B. the office of the Governor in the case of component
cities
C. the Metropolitan Manila Authority in the case of cities
and municipalities in Metropolitan Manila
d. DILG in all cases
5. commencement of preliminary investigation
6. evaluation
7. dismissal motu proprio
8. 90-day ban
9. power to suspend- preventive suspension may
be imposed by the Disciplining Authority in
cases where the respondent is an elective
officials of the following LGUs:
A. provinces
B. highly urbanized cities
C. independent component cities
D. cities or municipalities in Metropolitan Manila
10. 90-day ban
11. Grounds
12. Duration
13. automatic reinstatement
14. salary of respondent pending suspension
15. formal investigation
16. termination of final investigation
17. rendition of decision
18. finality of decision
19. execution pending appeal
20. penalty
21. suspension
22. removal
23. executive clemency
Disciplinary action against appointive local officials and
employees.
1) Administrative discipline – Investigation and
adjudication of administrative complaints against
appointive local officials and employees as well as their
suspension and removal shall be in accordance with the
civil service law and rules and other pertinent laws. The
results of such administrative investigations shall be
reported to the Civil Service Commission.
2) Preventive Suspension.
(a) The local chief executives may preventively
suspend for a period not exceeding sixty (60)
days any subordinate official or employee under
his authority pending investigation if the charge
against such official or employee involves dishonesty,
oppression or grave misconduct or neglect in the
performance of duty, or if there is reason to believe that
the respondent is guilty of the charges which
would warrant his removal from the service.
(b) Upon expiration of the preventive
suspension, the suspended official or employee shall be
automatically reinstated in office without
prejudice to the continuation of the administrative
proceedings against him until its termination. If
the delay in the proceedings of the case is due to
the fault, neglect or request of the respondent, the time not stop the decision from being executory in case the
of the delay shall not be counted in computing the penalty is suspension or removal the respondent shall be
period of suspension herein provided. considered as having been under preventive suspension
during the pendency of the appeal in the event he wins
3) Administrative investigation – In any local government an appeal.
unit, administrative investigation may be conducted by a
person or committee duly authorized by the local chief 6) Reconsideration of a final and executory decision not
executive. Said person or committee shall conduct allowed – The CSC has no power or authority to
hearings on the cases brought against appointive local reconsider its decision which has become final and
officials and employees and submit their findings and executory even if the Commission later discovers that its
recommendations to the local chief executive concerned judgment is erroneous.
within fifteen (15) days from the conclusion of the
hearings. The administrative cases herein mentioned 7) Power to terminate employment; academic freedom
shall be decided within ninety (90) days from the time of institutions of higher learning. - As corporate entities,
the respondent is formally notified of the charges. educational institutions of higher learning are inherently
endowed with the right to establish their policies,
4) Disciplinary jurisdiction – Except as otherwise academic and otherwise, unhampered by external
provided by law, the local chief executive may impose the controls more pressure.
penalty of removal from service, demotion in rank,
suspension for not more than one (1) year without any *skipped these parts. Not enough time.*
pay, fine in an amount not exceeding six (6) months'  Appeal by “party adversely affected by the
salary, or reprimand and otherwise discipline subordinate decision.”
officials and employees under his jurisdiction.  Withdrawal of complaint against respondent.
 Cessation from office of respondent.
5) Execution pending appeal – An appeal shall not  Procedure in administrative cases against non-
prevent the execution of a decision of removal or Presidential appointees.
suspension of a respondent-appellant. In case the
respondent-appellant is exonerated, he shall be
reinstated to his position with all the rights and privileges APPEAL TO THE PRESIDENT
appurtenant thereto from the time he had been deprived
thereof. 1. Period to Appeal
2. Appeal, how taken
Disciplinary jurisdiction of the Civil Service Commission. 3. Appeal fee
4. Transmittal of record
1) Scope- The Civil Service Commission has jurisdiction 5. Perfection of Appeal
over all employees of Government branches, 6. Period to file appeal memorandum
subdivisions, instrumentalities, and agencies including 7. Appeal Memorandum
government owned or controlled corporations with 8. Non-compliance with requirements
original charters. As the Commission on Elections is the 9. Stay of execution
“sole judge” of call election cases and the Commission on 10. Action to appeal
Audit, with respect to government accounts, the Civil 11. Comment
Service Commission is the single arbiter of all 12. Submission of resolution
controversies pertaining to civil service positions in the 13. Memorandum decision
government service, whether career or non-career. 14. Finality of decision
15. Executory nature of decision
2) Appellate jurisdiction over administrative disciplinary 16. Withdrawal of Appeal
cases – The CSC shall decide upon appeal all 17. Delegation of Authority
administrative disciplinary cases involving the imposition 18. Limitation of appeals
of a penalty of suspension for more than thirty (30) days, 19. Application of Rules of Court
or fine in an amount exceeding thirty (30) days' salary,
demotion in rank or salary or transfer, removal or
dismissal from office. MERIT SYSTEM PROTECTION BOARD

3) Jurisdiction of heads of departments, agencies and Composition:

instrumentalities. - The heads of departments, agencies
and instrumentalities, provinces, cities and municipalities
shall have jurisdiction to investigate and decide matters
involving disciplinary action against officers and
employees under their jurisdiction.
4) Investigation by a regional director or similar official –
An investigation may be entrusted to a regional director
or similar officials who shall make the necessary report
and recommendation to the chief or bureau or office or
department within the period.
5) Execution of decision pending appeal - An appeal shall
1. Commissioner
2. Two Associated Commissioner
1. Power and Function
2. Appellate jurisdiction of the Civil Service Commission
PREVENTIVE SUSPENSION
1. Kinds
a. Preventive suspension pending investigation
b. Preventive suspension pending appeal
2. Preventive suspension pending investigation
3. Right to compensation where employee is exonerated
4. Preventive suspension pending appeal
5. Suspension from office under section 13 of RA No.
3019
6. Pre-condition for suspension
7. Duration of suspension
8. In the case of members of the Philippine National
Police
9. In the case of local elective officials
10. In the case of presidential appointees and other
elective officials
11. Where suspension imposed by Ombudsman
12. Prior notice and hearing not required
13. Members of Congress covered by RA No. 3019
SUSPENSION AND REMOVAL DISTINGUISHED
1. As to duration
2. As to nature
3. As to time of imposition
SCHEDULE OF ADMINISTRATIVE PENALTIES
A. PENALTIES FOR GRAVE OFFENSES
1. Dismissal
a. Dishonesty
b. Gross neglect of duty
c. Grave misconduct
d. Being notoriously undesirable
e. Conviction of a crime involving moral
turpitude
f. Falsification of official documents
g. Physical or mental incapacity or disability due
to vicious habits
h. Engaging, directly or indirectly, in partisan
political activities by one holding non-political
office
I. Receiving for personal use of a fee, gift or
other valuable thing
j. Contracting loans of money or other property
from persons with whom the office of the
employee has business relations
k. Soliciting or accepting directly or indirectly,
any gift, gratuity, favour, entertainment, loan or
anything of monetary value
l. Disloyalty to the Republic of the Philippine and
to the Filipino people
2. Suspension from six months and one day to one year
for the first offense and dismissal for the second offense.
a. Oppression
b. Disgraceful and immoral conduct
c. Inefficiency and incompetence in the performance of
official duties
d. Frequent unauthorized absences or tardiness in
reporting for duty, loafing or frequent unauthorized
absences from duty during office hours
e. Refusal to perform official duty
f. Gross insubordination
g. Conduct grossly prejudicial to the best interest of the
service
h. Directly or indirectly having financial and material
interest in any transaction requiring the approval of his
office
I. Owning, controlling, managing or accepting
employment as officer, employee, consultant, counsel,
broker, agent, trustee, etc.
j. Engaging in the private practice of his profession unless
authorized by the Constitution
k. Disclosing or misusing confidential or classified
information officially known to him
l. Obtaining or using any statements filed under the Code
of Conduct and Ethical Standards
B. Penalties for Less Grave Offenses
1. Suspension from one month and one day to six
months for the first offense and dismissal for the second
offense.
a. Simple neglect of duty
b. Simple misconduct
c. Gross discourtesy in the course of official
duties
d. Gross violation of existing Civil Service Law
and rules of serious nature
e. Insubordination
f. Habitual drunkenness
g. Nepotism
h. Recommending any person to any position in
private enterprise which has a regular or
pending official transactions with his office
I. Unfair discrimination
j. Failure to file sworn statements of assets,
liabilities and net worth
k. Failure to resign from his position in the
private business enterprise within 30 days from
assumption of public office
C. PENALTIES FOR LIGHT OFFENSES
1. Reprimand for the first offense, suspension from one
day to thirty days for the second offense, and dismissal
for the third offense
a. Neglect of Duty
b. Discourtesy in the course of official duties
c. Improper or unauthorized solicitation of
contributions from subordinate employees
d. Violation of reasonable office rules and
regulations
e. Gambling prohibited by law
f. Refusal to render overtime service
g. Disgraceful, immoral or dishonest conduct
prior to entering the service
h. Borrowing money by superior officers from
subordinates
I. Lending money at usurious rate of interest
j. wilful failure to pay just debts or wilful failure
to pay taxes due the government
k. Pursuit of private business, vocation or
profession without permission required by Civil
Service rule and regulations
l. Lobbying for personal interest or gain in
legislative halls and offices without authority
m. Promoting the sale of tickets in behalf of
private enterprise
n. Failure to act promptly on letters and requests
within 15 days from receipt
o. Failure to process documents and complete
action on documents and papers within a
reasonable time
p. Failure to attend to anyone who wants to avail
himself of the services of the offices
D. PENALTIES AND DETERMINATION OF PENALTIES 4. Instances of valid abolition

1. For offenses under Presidential Decree No. Termination through reorganization

807 1. Based on a valid purpose and done in good faith
2. For offenses under RA No. 6713 2. Instances of invalid reorganization
3. In determination of penalties to be imposed,
mitigating and aggravating circumstances may be
considered By conviction of a crime
E. ACCESSORY PENALTIES
What constitutes conviction?
1. The penalty of dismissal shall carry with-it
that of cancellation of eligibility, forfeiture of leave Effects of pardon
credits and the retirement benefits, and the
disqualification s for re-employment in the government By recall
service.
Purpose and nature of the power of recall
2. The penalty of forced resignation shall carry
with it that of forfeiture of leave credits and retirement 1. Effective speedy remedy for removal
benefits, and the disqualification for employment in the 2. Political in nature involving exercise of judicial
government service for a period of one year. functions
3. Essentially the power of removal exercised by the
3. The accessory penalties can still be imposed people themselves
on a government official notwithstanding the
impossibility of affecting the principal penalty of Recall of local elective officials
dismissal because of his earlier removal from office.
1. By whom exercised
F. REMOVAL OF ADMINISTRATIVE PENALTIES OR 2. Initiation of the recall process
DISABILLITIES 3. Election on recall
4. Effectivity of recall
The Sandiganbayan 5. Probation from resignation
6. Limitation on recall
1. Cases subject to its jurisdiction
2. Officials and private individuals subject to its
jurisdiction
3. Jurisdiction of ordinary courts

The Ombudman

1. Power, functions, and duties of the Ombudsman

2. Officials subject to Ombudsman disciplinary authority

By Impeachment

1. Impeachable officials
2. Power to initiate and to try impeachment cases

Meaning and purposes of impeachment

1. Impeachment has been defined as a method of

national inquest into the conduct of public men
2. Its purpose is to protect the people from official
delinquencies or malfeasance\

By abolition of office

1. Authority with power to abolish

2. Abolition of office even during term of incumbent

What Constitute abolition

Removal from office and termination by abolition of an

office distinguished

Abolition must not constitute removal without cause

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