Documente Academic
Documente Profesional
Documente Cultură
OFFICE – The incumbent is selected by appointment or by election, and whether he is appointed during the pleasure of the appointing power or for a fixed term.
PUBLIC OFFICE – is the right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the
appointing power, and individual is invested with some portion of the sovereign functions of the government, to be exercised by him for benefit of the public.
Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with the utmost responsibility, integrity, loyalty
and efficiency, act with patriotism and justice, and lead modest lives.
NOT PROPERTY
-Holder subject to removal or suspension according to law
-Holder without vested right in any public office.
-Holder’s right in nature of privilege entitled to protection.
-Holder’s right personal to him.
Public office is not property of the office holder within the meaning and contemplation of the due process requirements of the constitution.
Exceptions:
1. In quo warranto proceedings relating to the question as to which of 2 persons is entitled to a public office.
2. In an action for recovery of compensation accruing by virtue of the public office
NOT A CONTRACT
-Created no contractual relation between holder and the public.
-Exists by virtue of some law.
-Generally entitles holder to compensation
Creation incident of sovereignty originates from the will of the contracting parties
Its object carry’s out sovereign as well Obligation only upon persons who entered the
Same.
As governmental function affecting
Person
Embraces the idea of tenure, duration Limited In its duration and specific in its object and
continuity, and the duties connected Its Terms define and limit the rights and obligations
Therewith are generally continuing parties and neither without consent of each party
and permanent
*Public Office is public employment, but not all public employment is a public office
PUBLIC OFFICE PUBLIC EMPLOYMENT
Created by law, with duties Created not by forced of law but by
Cast upon the incumbent with contact of Employment
Involve the exercise of
Sovereign power
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
Eligible
1. Means legally fitted or qualified to hold an office.
Ineligibility
2. Refers to the lack of qualification prescribed by the Constitution or applicable laws for holding an office.
Ineligible
3. Legally or otherwise disqualified to hold an office
4. Disqualified to be elected to an office
5. Disqualified to hold an office, if elected or appointed to it
Meaning of qualification
May refer to the endowment and accomplishment that fits one for office
May refer to an act which a person, before entering the performance of his duties, is, by the law, required to do, such as the taking, and often,
of subscribing and taking of an official oath, and, in some cases, the giving of an official bond
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.
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.
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
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
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."
DISABILITIES AND INHIBITIONS OF PUBLIC
OFFICERS C. Members of the Constitutional Commission shall
Disqualifications attached to civil service not:
employees or officials 1. Hold any other office or employment or engage
1. Losing candidate in any election in the practice of any profession or in the
a. Cannot be appointed to any office in the active management or control of any business
government or GOCCs or their subsidiaries that may be affected by the functions of his
b. Period of disqualification: 1 year after such office;
election 2. Be financially interested, directly or indirectly,
XPN: Losing candidates in barangay in any contract with, or in any franchise, or
elections special privilege granted by the Government,
2. Elective officials: or any subdivision, agencies or
GR: Not eligible for appointment or instrumentalities including GOCCs, or their
designation in any capacity to any public office subsidiaries. These shall also apply to the
or position during their tenure. Ombudsman and his deputies during his term.
XPN: May hold ex officio positions. E.g. The D. Unless otherwise allowed by law or by the
Vice President may be appointed as a Cabinet primary functions of his position, no appointive
member official shall hold any other office or employment
3. Appointive officials: in the Government or any subdivision, agency
GR: Cannot hold any other office or agency, or instrumentality thereof, including GOCCs or
instrumentality, including GOCCs and their their subsidiaries (Art. IX – B, Sec. 7; Flores v
subsidiaries Drilon, G.R. No. 104732 June 22, 1993).
XPN: Unless otherwise allowed by law, or by E. No member of the armed forces in the active
the primary functions of his position. service shall, at any time, be appointed or
NOTE: The exception does not apply to Cabinet designated in any capacity to a civilian position
members, and those officers mentioned in Art. in the government including GOCCs or any of
VII, Sec. 13. They are governed by the stricter their subsidiaries (Sec. 5 par. 4, Art XVI,
prohibitions contained therein. Philippine Constitution).
Prohibitions attached to elective and Grounds for disqualification to hold public
appointive officials in terms of compensation office
GR: They cannot receive: 1. Mental or physical incapacity
1. Additional compensation – An extra reward 2. Misconduct or commission of a crime
given for the same office e.g. bonus 3. Impeachment
2. Double compensation – When an officer is given 4. Removal or suspension from office
2 sets of compensation for 2 different offices NOTE: Where there is no constitutional or
held concurrently by 1 officer. statutory declaration of ineligibility for
3. Indirect compensation suspension or removal from office, the courts
XPN: Unless specifically authorized by law. may not impose the disability.
NOTE: Specifically authorized means a specific 5. Consecutive terms exceeding the allowable
authority particularly directed to the officer or number of terms
employee concerned. 6. Holding more than one office (except ex officio)
Pensions and gratuities, per diems and allowances 7. Relationship with the appointing power
are not considered as additional, double, or (nepotism) (2010 Bar)
indirect compensation (Sec. 7-8, Art. IX-B, 1987 8. Office newly created or the emoluments of
Constitution). which have been increased (forbidden office)
Prohibitions imposed under the Constitution 9. Being an elective official (Flores v. Drilon, G.R.
against the holding of 2 or more positions
No. 104732, June 22, 1993)
A. Members of Congress shall not:
10. Losing candidate in the election within 1 year
1. Appear as counsel before any court, electoral
following the date of election (prohibitions
tribunal, or quasi-judicial and other
from office not employment);
administrative bodies;
XPN: in barangay
2. Be interested in any contract with, or in any
11. Grounds provided for under the Local
franchise, or special privilege granted by the
Government Code.
Government, or any subdivision, agency or
NOTE: The Supreme Court held that while all other
instrumentality thereof, including GOCCs, or its
appointive officials in the Civil Service are allowed
subsidiary;
to hold other office or employment in the
3. Intervene in any matter before any office of the
government during their tenure when such is
Government for his pecuniary benefit or where
allowed by law or by the primary functions of their
he may be called upon to act on account of his
positions, members of the Cabinet, their deputies
office.
and assistants may do so only when expressly
B. The President, Vice President, Members of the
authorized by the Constitution itself (Civil Liberties
Cabinet, and their deputies or assistants, unless
Union v. Executive Secretary, 194 SCRA 317).
otherwise allowed by the Constitution, shall
Prohibitions under Code of Conduct and Ethical
not:
Standards for Public Officials and Employees
1. Directly or indirectly practice any other
1. Prohibition against financial and material
profession;
interest – Directly or indirectly having any
2. Participate in any business, or be financially
financial or material interest in any transaction
interested in any contract with, or in any
requiring the approval of their office.
franchise, or special privilege granted by the
2. Prohibition against outside employment and
Government, or any subdivision, agency or
other activities related thereto – Owning,
instrumentality thereof, including GOCCs, or its
controlling, managing or accepting
subdivisions; shall avoid conflict of interest in
employment as officer, employee, consultant,
the conduct of their office.
counsel, broker, agent, trustee or nominee in
any private enterprise regulated, supervised or NOTE: Partisan political activity is an act
licensed by their office. designed to promote the election or defeat of a
3. Engaging in the private practice of their particular candidate/s to a public office. It is
profession. also known as “electioneering” (Sec. 79,
4. Recommending any person to any position in Omnibus Election Code).
any private enterprise which has a regular or Officers or employees in the Civil Service
pending official transaction with their office. including members of the Armed Forces
NOTE: These prohibitions shall continue to cannot engage in such activity except to vote.
apply for a period of one year after resignation, They shall not use their official authority or
retirement, or separation from public office, influence to coerce the political activity of any
except in the case of participating in any person (Sec. 55, Subtitle A, Title I, Book V, 1987
business or having financial interest in any Administrative Code).
contract with the government, but the Officers and employees in the Civil Service can
professional concerned cannot practice his nonetheless express their views on current
profession in connection with any matter political issues and mention the names of the
before the office he used to be with, in which candidates they support.
case the one-year prohibition shall likewise Public officers who may engage in partisan
apply. political activities
Prohibitions against the practice of other a. Those holding political offices, such as the
professions under the LGC President of the Philippines, Vice President
1. Local Chief Executives (governors, city and of the Philippines; Executive Secretary or
municipal mayors) are prohibited from Department Secretaries and other
practicing their profession Members of the Cabinet; all other elective
2. Sanggunian members may practice their officials at all levels; and those in the
profession, engage in any occupation, or teach personal and confidential staff of the above
in schools except during session hours officials.
3. Doctors of medicine may practice their NOTE: It shall, however, be unlawful for
profession even during official hours of work them to solicit contributions from their
in cases of emergency provided that they do subordinates or subject them to any of the
not derive monetary compensation therefrom. acts involving subordinates prohibited in
Q: Can the members of Sanggunian engage in the Election Code.
the practice of law under the LGC? b. National, provincial, city and municipal
A: GR: Yes. elective officials (Santos v. Yatco, G.R. No. L-
XPNs: 16133, Nov. 6, 1959).
1. Cannot appear as counsel in any civil case 3. Prohibition against engaging in strike (Social
where in a LGU or any office, agency or Security System Employees Assn. v. CA, G.R No.
instrumentality of the Gov’t is the adverse 85279, July 28,1989).
party; 4. Restriction against engaging in the practice of
2. Cannot appear as counsel in any criminal case law (Sec. 90, RA 7160)
wherein an officer or employee of the national 5. Prohibition against practice of other
or local government is accused of an offense professions (Sec. 90, RA 7160)
committed in relation to his office; 6. Restriction against engaging in private
3. Shall not collect any fee for their appearance in business (Abeto v. Garces, A.M. No. P-88-269,
administrative proceeding involving the LGU of Dec. 29, 1995).
which he is an official; and 7. Restriction against accepting certain
4. May not use property and personnel of the employment (Sec. 7(b), RA 6713)
Gov’t, except when defending the interest of Q: Does the election or appointment of an
the Gov’t. attorney to a government office disqualify him
Other prohibitions imposed on public officers from engaging in the private practice of law?
1. Prohibition against solicitation of gifts (Sec. A: YES. As a general rule, judges, other officials of
7(d), RA 6713) the superior courts, of the office of the Solicitor
NOTE: Public officers, however, may accept the General and of other Government prosecution
following gifts from foreign governments: offices; the President; Vice-President, and
a. Gifts of nominal value received as souvenir members of the cabinet and their deputies or
or mark of courtesy; assistants; members of constitutional
b. Scholarship or fellowship grant or medical commissions; and civil service officers or
treatment; employees whose duties and responsibilities
c. Travel grants or expenses for travel require that their entire time be at the disposal of
outside the Philippines (Sec. 7(d), RA 6713) the government are strictly prohibited from
2. Prohibition against partisan political activities engaging in the private practice of law (See: E.O.
(Sec. 2(4), Art. IX(B), Constitution) 297).
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
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. “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.”
9. Acceptance of appointment
a. Not necessary to completion or validity of appointment
b. Necessary to possession of office
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
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
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
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.
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.
b. Purpose ‐ to enable the national and local government and all its instrumentalities and agencies to render more efficient services to the public by enabling them to
obtain efficient servants.
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
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.
b. Whether an administrative position is primarily confidential, policy‐determining, or highly technical in the nature of the functions attached to the position.
● 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.
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.
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.
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.
F. De Facto Officers
1. De facto doctrine
Is the principle which holds that a person who, by the proper authority is admitted and sworn into office is deemed to be rightfully in such office until, by judicial
declaration in a proper proceeding, he is ousted therefrom, or his admission thereto is declared void. Springs from the fear of the chaos that would result from
multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by
insuring the orderly functioning of the government despite technical defect in title to office.
2. De facto officer is one who has the reputation of being the officer he assumed to be and yet is not good officer in point of law.
A person where the duties of the officer are exercised:
a. without a known appointment or election, but under such circumstance of reputation or acquiescence as were calculated to induce people, without inquiry to submit
to or invoke his action, supposing him to be the officer he assumed to be; or
b. under color of a known and valid appointment or election, but where the officer has failed to conform to some precedent requirement or condition, such as to take
an oath, give a bond, or the like; or
c. under the color of a known election or appointment, void because the officer was not eligible, or because there was a want of power in the electing or appointing
body, or by reason of some defect or irregularity in its exercise, such as ineligibility, want of power, or defect being unknown to the public; or
d. under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to such.
Officer is one who derives his appointment from one having colorable authority to appoint if the office is an appointive office, and whose appointment is valid on its
face.
3. De jure officer is one who has the lawful right to the office in all respects, but who has either been ousted from it, or who has never actually taken possession of it.
b. While official acts of a d e facto officer are valid and may be binding with regard to third persons and the public the person so acting may be liable for all penalties
imposed by law for usurping or unlawfully holding office, or for exercising the functions thereof without lawful right or without being qualified according to law.
c. It is likewise the general rule that a public officer cannot excuse his responsibility for crimes committed in his official capacity by asserting that he was an officer de
facto .
d. A rightful incumbent of a public office may recover from a d e facto officer the salary received by the latter during the time of his wrongful tenure, even though he
(the d e facto officer) occupied the office in good faith and under the color of title.
CHAPTER IV: POWERS, DUTIES, AND NORMS OF CONDUCT
OFPUBLIC OFFICERS
Source of powers and authority of public office.
People themselves.
Public law.
Duration of authority.
1. Duration of term as provided by the law.
2. Where officer chosen to act in reference to a particular subject.
Discretionary. — Discretionary or judicial duties are such as necessarily require the exercise of reason in the
adaptation of means to an end, and discretion in determining how or whether the act shall be done or the course
pursued.
From the standpoint of the Mandatory. — Powers conferred on public officers are generally construed as mandatory although the language may
obligation of the officer to be permissive, where they are for the benefit of the public or individuals.
perform his powers and
duties Permissive. — Statutory provisions define the time and mode in which public officers will discharge their duties, and
those which are obviously designed merely to secure order, uniformity, system, and dispatch in public business, are
generally deemed directory.
From the standpoint of the Power of control. — It implies the power of an officer to manage, direct or govern, including the power to alter or
relationship of the officer to modify or set aside what a subordinate had done in the performance of his duties and to substitute his judgment for
his subordinates 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.
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.
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.
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.
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).
Rights as a citizen
SECURITY OF TENURE
No officer or employee in the career service shall be removed except for a valid cause and after due notice and
hearing. A valid cause for removal exists when, pursuant to a bona fide reorganization, a position has been
abolished or rendered redundant or there is a need to merge, divide, or consolidate positions in order to meet the
exigencies of the service, or other lawful causes allowed by the Civil Service Law. The existence of any or some
of the following circumstances may be considered as evidence of bad faith in the removals made as a result of
reorganization, giving rise to a claim for reinstatement or reappointment by an aggrieved party:
(a) Where there is a significant increase in the number of positions in the new staffing pattern of the department
or agency concerned;
(b) Where an office is abolished and other performing substantially the same functions is created;
(c) Where incumbents are replaced by those less qualified in terms of status of appointment, performance and
merit;
(d) Where there is a reclassification of offices in the department or agency concerned and the reclassified offices
perform substantially the same function as the original offices;
(e) Where the removal violates the order of separation provided in Section 3 hereof.
B. RIGHT TO COMPENSATION
Power of Congress to fix compensation
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
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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.
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.)
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
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
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.
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.
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.
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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.
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:
“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)
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
a. Advisory
b. Consultancy or counseling
c. Recommendatory
d. Professional services
e. Staff work such as planning or research
f. Humanitarian
o The Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act no. 6713) and the Implementing Rules on:
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:
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
3. Rights under the Civil Service Decree and the new Administrative Code
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 .
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.
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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.
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
7. Retirement
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.
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.”
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.”
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
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Forfeited real estate in favor of LGU for unpaid taxes or by virtue of a legal process at the instance of the said LGU.
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.
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
"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.
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CHAPTER VII: LIABILITIES OF PUBLIC OFFICERS
A. In General
The promotion of fearless, vigorous, and effective administration of policies of government. The threat of suit could also deter
competent people from accepting public office.
Official immunity is by protecting the public official in the performance of his government function. It serves as a protective
aegis for public officials from tort liability for damages arising from discretionary acts or functions in the performance of their official duties.
State immunity does not apply in causes of action which do not seek to impose a charge or financial liability against the
government.
Official immunity not absolute. Hence, such immunity shall only apply to the following:
1. 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.
B. Civil Liability
Two things that must concur in order to create the right of action:
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.
1. Civil responsibility
2. Criminal Liability
3. Liability for Damages
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.
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.
Members of the Congress are not only exempt from general liability but certain special privileges are accorded them by the Constitution.
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.
1. Nature of functions
2. Reasons for Immunity
3. Liability for ministerial 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.
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.
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
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1. Same rules as those applicable to officers of higher rank
2. Where acts done pursuant to orders or instructions
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.
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.
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Crimes Peculiar to Certain Public Officers
4. Resignation
6. Abandonment of office
8. Removal
9. Impeachment
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.
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 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.
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
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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.
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.
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.
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.
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 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.
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
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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.
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.
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.
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.
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.
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
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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;
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.
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.
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
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. 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
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.
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
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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:
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
THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
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.
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
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 of the delay shall not be counted in
computing the period of suspension herein provided.
3) Administrative investigation – In any local government unit, administrative investigation may be conducted by a person or committee
duly authorized by the local chief executive. Said person or committee shall conduct hearings on the cases brought against appointive
local officials and employees and submit their findings and recommendations to the local chief executive concerned within fifteen (15)
days from the conclusion of the hearings. The administrative cases herein mentioned shall be decided within ninety (90) days from the
time the respondent is formally notified of the charges.
4) Disciplinary jurisdiction – Except as otherwise provided by law, the local chief executive may impose the penalty of removal from
service, demotion in rank, suspension for not more than one (1) year without any pay, fine in an amount not exceeding six (6) months'
salary, or reprimand and otherwise discipline subordinate officials and employees under his jurisdiction.
5) Execution pending appeal – An appeal shall not prevent the execution of a decision of removal or suspension of a respondent-
appellant. In case the respondent-appellant is exonerated, he shall be reinstated to his position with all the rights and privileges
appurtenant thereto from the time he had been deprived thereof.
1) Scope- The Civil Service Commission has jurisdiction over all employees of Government branches, subdivisions, instrumentalities, and
agencies including government owned or controlled corporations with original charters. As the Commission on Elections is the “sole judge”
of call election cases and the Commission on Audit, with respect to government accounts, the Civil Service Commission is the single
arbiter of all controversies pertaining to civil service positions in the government service, whether career or non-career.
2) Appellate jurisdiction over administrative disciplinary cases – The CSC shall decide upon appeal all administrative disciplinary
cases involving the imposition of a penalty of suspension for more than thirty (30) days, or fine in an amount exceeding thirty (30) days'
salary, demotion in rank or salary or transfer, removal or dismissal from office.
3) Jurisdiction of heads of departments, agencies and instrumentalities. - The heads of departments, agencies and instrumentalities,
provinces, cities and municipalities shall have jurisdiction to investigate and decide matters involving disciplinary action against officers
and employees under their jurisdiction.
4) Investigation by a regional director or similar official – An investigation may be entrusted to a regional director or similar officials
who shall make the necessary report and recommendation to the chief or bureau or office or department within the period.
5) Execution of decision pending appeal - An appeal shall not stop the decision from being executory in case the penalty is suspension
or removal the respondent shall be considered as having been under preventive suspension during the pendency of the appeal in the
event he wins an appeal.
6) Reconsideration of a final and executory decision not allowed – The CSC has no power or authority to reconsider its decision
which has become final and executory even if the Commission later discovers that its judgment is erroneous.
7) Power to terminate employment; academic freedom of institutions of higher learning. - As corporate entities, educational
institutions of higher learning are inherently endowed with the right to establish their policies, academic and otherwise, unhampered by
external controls more pressure.
THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
*skipped these parts. Not enough time.*
Appeal by “party adversely affected by the decision.”
Withdrawal of complaint against respondent.
Cessation from office of respondent.
Procedure in administrative cases against non-Presidential appointees.
1. Period to Appeal
2. Appeal, how taken
3. Appeal fee
4. Transmittal of record
5. Perfection of Appeal
6. Period to file appeal memorandum
7. Appeal Memorandum
8. Non-compliance with requirements
9. Stay of execution
10. Action to appeal
11. Comment
12. Submission of resolution
13. Memorandum decision
14. Finality of decision
15. Executory nature of decision
16. Withdrawal of Appeal
17. Delegation of Authority
18. Limitation of appeals
19. Application of Rules of Court
Composition:
1. Commissioner
2. Two Associated Commissioner
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
1. As to duration
2. As to nature
3. As to time of imposition
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
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
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
THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
p. Failure to attend to anyone who wants to avail himself of the services of the offices
1. The penalty of dismissal shall carry with-it that of cancellation of eligibility, forfeiture of leave credits and the retirement
benefits, and the disqualification s for re-employment in the government service.
2. The penalty of forced resignation shall carry with it that of forfeiture of leave credits and retirement benefits, and the
disqualification for employment in the government service for a period of one year.
3. The accessory penalties can still be imposed on a government official notwithstanding the impossibility of affecting the
principal penalty of dismissal because of his earlier removal from office.
The Sandiganbayan
The Ombudman
By Impeachment
1. Impeachable officials
2. Power to initiate and to try impeachment cases
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
By conviction of a crime
Effects of pardon
THE LAW ON PUBLIC OFFICER
(De Leon)
Summary by Chapter
By recall
1. By whom exercised
2. Initiation of the recall process
3. Election on recall
4. Effectivity of recall
5. Probation from resignation
6. Limitation on recall