THE LAW OF PUBLIC OFFICERS AND ELECTION LAW §2.
§2. How Office differs from Employment— A public office differs in material
Class Discussion: Purpose of the law on public officers: policy implementors should
be independent from the policy makers.
I. Concepts
A. Public office
1. Definition
Const. (1987), art. XI, sec 1.
ARTICLE XI
ACCOUNTABILITY OF PUBLIC OFFICERS
Section 1. Public office is a public trust. Public officers and employees must, at
all times, be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act with patriotism and
justice, and lead modest lives.
Class Discussion: The constitutional provision means that public office is a
responsibility
ADMIN CODE
Exec. Ord. No. 292 (1987), Introductory Provisions, Section 2(9)
SECTION 2. (9) Office refers, within the framework of governmental
organization, to any major functional unit of a department or bureau
including regional offices. It may also refer to any position held or occupied
by individual persons, whose functions are defined by law or regulation.
LOYD MECHEM, THE LAW OF PUBLIC OFFICES AND OFFICERS
(1890), book I, chapter i, §§1-9. (Including footnotes)
§1. Public Office and Officer defined— A 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 creating power, an individual is
invested with some portion of the sovereign functions of the government, to be
exercised by him for the benefit of the public. The individual so invested is a
public officer.
particulars from a public employment, for, as was said by Chief Justice Marshall,
“although an office is an employment, it does not follow that every employment
is an office. A man may certainly be employed under a contract, express or
implied, to perform a service without becoming an officer."
"We apprehend that the term ‘office,' " said the judges of the supreme court of
Maine, " implies a delegation of a portion of the sovereign power to, and the
possession of it by, the person filling the office ; and the exercise of such power
within legal limits constitutes the correct discharge of the duties of such office.
The power thus delegated and possessed may be a portion belonging sometimes
to one of the three great departments and sometimes to another ; still it is a
legal power which may be rightfully exercised, and in its effects it will bind the
rights of others, and be subject to revision and correction only according to the
standing laws of the state. An employment merely has none of these
distinguishing features. A public agent acts only on behalf of his principal, the
public, whose sanction is generally considered as necessary to give the acts
performed the authority and power of a public act or law. And if the act be such
as not to require such subsequent sanction, still it is only a species of service
performed under the public authority and for the public good, but not in the
exercise of any standing laws which are considered as rules of action and
guardians of rights."
“The officer is distinguished from the employee," says Judge Cooley, " in the
greater importance, dignity and independence of his position ; in being required
to take an official oath, and perhaps to give an official bond ; in the liability to be
called to account as a public offender for misfeasance or non-feasance in office,
and usually, though not necessarily, in the tenure of his position. In particular
cases, other distinctions will appear which are not general."
§ 3. Office differs from a Contract. — An office also differs from a contract, for,
as has been said, “the latter from its nature is necessarily limited in its duration
and specific in its objects. The terms agreed upon define the rights and
obligations of both parties, and neither may depart from them without the
assent of the other."*
§ 4. Office involves Delegation of Sovereign Functions.— The most
important characteristic which distinguishes an office from an employment or
contract is that the creation and conferring of an office involves a delegation to
the individual of some of the sovereign functions of government, to be exercised
by him for the benefit of the public; — that some portion of the sovereignty of
the country, either legislative, executive or judicial, attaches, for the time being,
to be exercised for the public benefit. Unless the powers conferred are of this
nature, the individual is not a public officer.'
§ 5. Office is created by Law and not by Contract.— In distinguishing
between an office and an employment, the fact that the powers in question are
created and conferred by law, is an important criterion. For though an
employment may be created by law, it is not necessarily so, but is often, if not
usually, the creature of contract. A public office, on the other hand, is never
conferred by contract, but finds its source and limitations in some act or
expression of the governmental power. Where, therefore, the authority in
question was conferred by a contract, it must be regarded as an employment
and not as a public office.'
§ 6. Oath a usual but not a necessary criterion. — Public officers are
unusually required by law to take the oath of office, and this fact goes far in
determining the character of the duty. But the taking of the oath is not an
indispensable criterion and the office may exist without it, for, as has been said,
the oath is a mere incident and constitutes no part of the office.'
§ 7. Salary or Fees not a necessary Criterion. — Like the requirement of an
oath, the fact of the payment of a salary or fees may aid in determining the
nature of the position, but it is not conclusive, for while a salary or fees are
usually annexed to the office, it is not necessarily so.' As in the case of the oath,
the salary or fees are mere incidents and form no part of the office. Where a
salary or fees are annexed, the office is often said to be '' coupled with an
interest"; where neither is provided for it is a naked or honorary office, and is
supposed to be accepted merely for the public good.
§ 8. Duration or Continuance as Criterion.— The term office, it is said,
‘embraces the idea of tenure and duration, and certainly a position which is
merely temporary and local cannot ordinarily be considered an office.' ''But,"
says Chief Justice Marshall, “if a duty be a continuing one, which is defined by
rules prescribed by the government and not by contract, which an individual is
appointed by government to perform, who enters on the duties pertaining to his
station without any contract defining them, if those duties continue though the
person be changed, — it seems very difficult to distinguish such a charge or
employment from an office or the person who performs the duties from an
officer."
At the same time, however, this element of continuance can not
be considered as indispensable, for, if the other elements are present
''it can make no difference," says Pearson, C. J., " whether there be but one act or
a series of acts to be done, — whether the office expires as soon as the one act is
done, or is to be held for years or during good behavior." "
§ 9. Scope of Duties as a Criterioin—" Any man is a public officer who hath
any duty concerning the public, and he is not the less a public officer where his
authority is confined to narrow limits; for it is the duty of his office and the
nature of that duty which make him an officer, and not the extent of his
authority."
Class Discussion: Par 4- Involves the delegation of sovereign functions. A public
office cannot be given via contract, as it is only a meeting of the minds among 2 or
more persons.
Bonus reading: MONTGOMERY H. THROOP, A TREATISE ON THE
LAW RELATING TO PUBLIC OFFICERS AND SURETIES IN OFFICIAL
BONDS (1892), book I, chap. 1, §§3-7.
Class discussion: Public office: task is public in nature, there is a degree of
discretion, chosen pursuant to law. Throop says, using Blackstone definition:
“every office under the constitution implies an authority to exercise some portion
of the sovereign power of the state, either in making, executing, or administering
the laws.”
Power of appointment is Executive, but the Judiciary can appoint (i.e. liquidation,
receivership). Would this person be considered a public officer? The Court may be
allowed because the power to appoint may be delegated. Would the receiver be a
public officer? Yes.
Classmate says: Duty was created by law even if the appointment was just a
delegated power. The receivership is done on behalf of the Court, which is on
behalf of the government.
SIR says: In the strict sense of public officers: NO, but could be. Because specific
public function; no because its transient or occasional, following Throop.
Fernandez v. Sto. Tomas, G.R. No. 116418 March 7, 1995.
CASE SUMMARY: Petitioners were previously working in the Commission on
Civil Service Head Office when the respondents issued Resolution No. 94-3710,
which effectively re-organized the internal structure of CSC. The petitioners
were re-assigned to another office of the CSC. The petitioners are assailing that
the respondents had no authority to issue the said resolution, and the same
violated their right to security of tenure.
As to the first issue, the court ruled that it is within the power of the CSC to issue
such resolution. The re-organization of the CSC did not abolish public office.
As to the second issue, the petitioners were not divested of their rank, they
were merely re-assigned to another location.
DOCTRINE: The term “public office” is frequently used to refer to the right,
authority and duty, created and conferred by law, by which, for a given period
either fixed by law or enduring at the pleasure of the creating power, an
individual is invested with some portion of the sovereign functions of
government, to be exercised by that individual for the benefit of the public.
Power of CSC to reorganize was delegated by the legislature.
No abolition of public office. There was no termination of the relationship of
public employment between the Commission and any of its officers and
employees.
Laurel vs. Desierto, G.R. No. 145368, April 12, 2002.
CASE SUMMARY: Petitioner Vice President Salvador Laurel was appointed as
the head of the National Centennial Commission, a body constituted for the
preparation of the National Centennial Celebration in 1998. He was
subsequently appointed as the Chairman of ExpoCorp, and was one of the nine
(9) incorporators. A controversy erupted on the alleged anomalies with the
bidding contracts to some entities and the petitioner was implicated. By virtue
of an investigation conducted by the Office of the Ombudsman, the petitioner
was indicted for alleged violation of the Anti-Graft and Corrupt Practices Act
(RA 3019).
The petitioner assails the jurisdiction of the Ombudsman and contended that he
is not a public officer since ExpoCorp is a private corporation. SC ruled that the
NCC is a public office because it performs executive functions.
DOCTRINE: The characteristics of a public office, according to Mechem, include
the delegation of sovereign functions, its creation by law and not by contract, an
oath, salary, continuance of the position, scope of duties, and the designation of
the position as an office.
Class Discussion: No need in the Admin Code or Mechem to swear an oath.
Most important is whether there is a governmental function. Although the
reckoning point of the start of public office is the oath, it is still not part of the
definition of ‘public office’.
2. Elements
State Ex Rel. Barney v. Hawkins, June 24, 1927, 257 P. 411 (Montana
Supreme Court, 1927).
CASE SUMMARY: Grant Reed does not hold a civil office under the state; that
the position he holds does not possess a delegation of a portion of the sovereign
power of government. In our opinion, he is only an employee; holding a position
of employment, terminable at the pleasure of the employing power, the Board of
Railroad Commissioners.
DOCTRINE: 5 elements are indispensable in any position of public employment,
in order to make it a public office of a civil nature:
1. It must be created by the Constitution or by the legislature or created
by a municipality or other body through authority conferred by the
legislature;
2. It must possess a delegation of a portion of the sovereign power of
government, to be exercised for the benefit of the public;
3. The powers conferred and the duties to be discharged must be defined,
directly or impliedly, by the legislature or through legislative authority;
4. The duties must be performed independently and without control of a
superior power, other than the law, unless they be those of an inferior
or subordinate office, created or authorized by the legislature and by it
placed under the general control of a superior officer or body;
5. It must have some permanency and continuity and not be only
temporary or occasional.
In addition, in this state, an officer must take and file an official oath, hold a
commission or other written authority and give an official bond, if the latter be
required by proper authority.
San Miguel Brewery contra la Corte de Relaciones Industriales, G.R.
No. L- 2203. May 23, 1949, lead op. and diss. op.
CASE SUMMARY: Umpas, a guard hired by San Miguel Brewery was dismissed
without the permission of the Industrial Relations Court which, in an earlier
case, prohibited the company from dismissing their employees without
permission from said court. The company set up the defense that Umpas is not
their employee but MPC’s, hence, a public official. The Court ruled that Umpas is
not a public official because he was paid by and under the exclusive control of
the company.
DOCTRINE: the appointment of a special police officer made by the MPC did
not make the appointment of a public official, since the salaries were paid by
the company and the police served exclusively to the same.
DISSENT: Tuason, J. – same dissenting opinion in Manila Terminal Company,
Inc., vs. The Industrial Relations Court
[Enumeration of the requisites again]— The respondents possess all these
requisites. The only important differences between the respondent and the
regular members of the police force are that they receive their salaries from the
Manila Terminal Co. Inc. and their jurisdiction does not extend beyond the
confines of that company's premises. But the source of compensation, or the
absence of compensation for that matter, does not a whit add to or detract from
the nature of the position.
Compensation is not an ingredient of a public office. Compensation and its
source have nothing to do with the status of public officers as such. The matter
of compensation is irrelevant with reference to the holding of a public office or
the office itself.
The scope of a peace officer's territorial jurisdiction is irrelevant to his status as
a public officer. This is so because the government is interested in the
maintenance of peace and order in all place no matter how limited in area,
within its territorial demesne.
Similarly, the fact that a policeman's duties are confined to the protection of
private interest and property of a specific person or entity does not make him
an employee of that person or entity.
3. Creation of public offices
Buklod ng Kawaning EIIB vs. Zamora, G.R. No. 142801-2, July 10,
2001.
CASE SUMMARY: EIIB was deactivated. A few days after, a Task Force Aduana
was created, but with virtually the same functions as that of the deactivated
EIIB. Petitioners are now assailing the deactivation of EIIB and subsequent
creation of Task Force Aduana for violating their security of tenure, being done
in bad faith, and usurping the power of congress to decide on w/n to abolish the
EIIB
DOCTRINE: GR: the power to abolish a public office is lodged with the
legislature, since a public office is usually created by authority of law
X: (1) when the office was created by the Constitution, in which case the
legislature has no power to abolish it; and
(2) offices in the executive department since the President’s power of control
gives him authority to deactivate the functions of particular offices
Time and time again, Congress has delegated this power to the President,
specific to the Executive
Reorganization involves the reduction of personnel, consolidation of offices, or
abolition thereof by reason of economy or redundancy of functions;
Deactivation is when the office may continue to exist despite being dormant or
inoperative (vs. abolition which destroys it completely)
Reorganization is valid if it is done in good faith.
TESTS FOR BAD FAITH IN REMOVAL:
RA 6656 (An Act to Protect the Security of Tenure of Civil Service Officers and
Employees in the Implementation of Government Reorganization) provides for
certain circumstances considered as evidence of bad faith in the removal of civil
service employees as a result of reorganization:
(1) Where there is a significant increase in the number of positions in
the new staffing pattern of the department or agency concerned;
(2) Where an office is abolished and another performing substantially
the same functions is created;
(3) Where incumbents are replaced by those less qualified in terms of
status of appointment, performance and merit;
(4) Where there is a classification of offices in the department or
agency concerned and the reclassified offices perform substantially the
same functions as the original offices, and
(5) Where the removal violates the order of separation.
Class Discussion: Specific to creation, who has the power? Generally Congress,
unless its for the executive, it is the President. Congress has delegated the power to
the executive.
Fernandez v. Sto. Tomas, G.R. No. 116418 March 7, 1995.
ON THE TOPIC OF CREATION:
 Petitioners argue that Resolution No. 94-3710 effected the “abolition” of
public offices, something which may be done only by the same legislative
authority which had created those public offices in the first place.
o The Court is unable, in the circumstances of this case, to accept this
argument.
o The term “public office” is frequently used to refer to the
 right, authority and duty,
 created and conferred by law,
 by which, for a given period either fixed by law or
enduring at the pleasure of the creating power,
  an individual is invested with some portion of the
sovereign functions of government,
 to be exercised by that individual
 for the benefit of the public.
o Resolution No. 94-3710 has not abolished any public office as that term
is used in the law of public officers.
 None of the “changes in organization” introduced by
Resolution No. 94-3710 carried with it or necessarily
involved the termination of the relationship of public
employment between the Commission and any of its
officers and employees.
o The legislative has effectively delegated the power to reorganize the
internal structure of the CSC to the CSC by the Admin Code Sec 17.
B. Public Officers
1. Definition
ADMIN CODE
Exec. Ord. No. 292 (1987), Introductory Provisions, Section 2(14)
(14) “Officer” as distinguished from “clerk” or “employee”, refers to a person
whose duties, not being of a clerical or manual nature, involves the
exercise of discretion in the performance of the functions of the
government. When used with reference to a person having authority to do a
particular act or perform a particular function in the exercise of
governmental power, “officer” includes any government employee, agent
or body having authority to do the act or exercise that function.
Revised Penal Code, art. 203
Art. 203. Who are public officers. — For the purpose of applying the
provisions of this and the preceding titles of this book, any person who, by
direct provision of the law, popular election or appointment by competent
authority, shall take part in the performance of public functions in the
Government of the Philippine Islands, or shall perform in said
Government or in any of its branches public duties as an employee, agent
or subordinate official, of any rank or class, shall be deemed to be a public
officer.
2. Public Officer vs. Public Employee
Const. (1987), art. XI, sec 1., supra
MONTGOMERY H. THROOP, A TREATISE ON THE LAW RELATING
TO PUBLIC OFFICERS AND SURETIES IN OFFICIAL BONDS (1892),
book I, chap. 1, §3.
§3. American definitions of those words.—The following definitions have
been given in the United States: Chief Justice Marshall, holding that an agent of
fortifications of the United States is a public officer, whose bond for the faithful
discharge of his duties is an official bond, said: "An office is defined to be a
public charge or employment, and he who performs the duties of the office is an
officer.
Although an office is an' employment it does not follow that every employment
is an office. A man may certainly be employed under a contract, express or
implied, to do an act, or to perform a service, without becoming an officer. But if
the duty be a continuing one, which is defined by the rules prescribed by the
government, and not by contract, which an individual is appointed by
government to perform, who enters upon the duties appertaining to his station,
without any contract defining them, if those duties continue, though the person
be changed, it seems very difficult to distinguish such a charge or employment
from an office, or the person who performs the duties from an officer."' "An
office is a public station or employment, conferred by the appointment of
government. The term embraces the ideas of tenure, duration, emolument, and
duties ... A government office is different from a government contract. The latter,
from its nature, is necessarily limited in its duration, and specific in its objects.
The terms agreed upon define the rights and obligations of both parties, and
neither may depart from them without the assent of the other."'
" A public office is an agency for the state, and the person whose duty it is to
perform this agency is a public officer. . . . The oath, the salary or fees are mere
incidents and constitute no part of the office. Where no salary or fees are
annexed to the office, it is a naked office—honorary—and is supposed to be
accepted merely for the public good. This definition also excludes the idea that a
public office must have continuance. It can make no difference whether there be
but one act or a series of acts to be done ; whether the office expires as soon as
the one act is done, or is to be held for years, or during good behavior."
Exec. Ord. No. 292 (1987), Introductory Provisions, Section 2(14-15)
(14) “Officer” as distinguished from “clerk” or “employee”, refers to a person
whose duties, not being of a clerical or manual nature, involves the
exercise of discretion in the performance of the functions of the
government. When used with reference to a person having authority to do a
particular act or perform a particular function in the exercise of
governmental power, “officer” includes any government employee, agent
 or body having authority to do the act or exercise that function.
(15) “Employee” when used with reference to a person in the public service,
includes any person in the service of the government or any of its
agencies, divisions, subdivisions or instrumentalities.
Class Discussion: Difference of Mechem distinction, and Admin Code. In Mechem:
Office based on law, employees based on contract/ conduct of service. Admin Code
makes the distinction: Office has powers which are discretionary; employees’ work
is clerical.
4 DEFINITIONS
Par 14 (1st sentence)- duties
Par 14 (2nd sentence)- function
Par 15- nature of employment
Panganiban Doctrine- service
Which to apply? What are you defining “public officer” for?
GR: 5 elements
Criminal: RPC
Salary benefits: Employment under Admin Code
Judiciary: Panganiban
Re: Request of (Ret.) Chief Justice Artemio V. Panganiban for
Recomputation of His Creditable Service for the Purpose of
Recomputing His Retirement Benefits, A.M. No. 10-9-15-SC, 12
February 2013, including J. Brion, diss. op.
CASE SUMMARY/FACTS: When CJ Panganiban retired in 2006, he was credited
with 11 years, 1 month and 27 days or 11.15844 years of government service.
His 4-year service as Legal Counsel to the DepEd and its then Secretary,
Alejandro R. Roces, and as Consultant to the BNE in a concurrent capacity, from
January 1962 to December 1965, was not credited on the ground that
consultancy "is not considered government service pursuant to Rule XI
(Contract of Services/Job Orders) of the Omnibus Rules Implementing Book V of
Executive Order No. 292." At that time, the prevailing requirement under RA
910 was to have 20 years of service to be entitled to the retirement benefits
with lifetime annuity. PGMA approved in 2010 RA 9946, reducing the requisite
length of service under R.A. 910 from 20 years to 15 years to be entitled to the
retirement benefits with lifetime annuity, and it also provided for a survivorship
clause, among others. CJ Panganiban requests the court to include as creditable
government service the period from January 1962 to December 1965 when he
served the Department of Education (DepEd), its Secretary, and the Board of
National Education (BNE) to enable him to meet the present service
requirement of fifteen (15) years for entitlement to retirement benefits. HELD:
Court grants his request of re-computation to include his 4 year service with the
DepEd/BNE
DOCTRINE: “Under the old Administrative Code (Act No. 2657), a government
"employee" includes any person in the service of the Government or any branch
thereof of whatever grade or class. A government "officer," on the other hand,
refers to officials whose duties involve the exercise of discretion in the
performance of the functions of government, whether such duties are precisely
defined or not. Clearly, the law, then and now, did not require a specific job
description and job specification. Thus, the absence of a specific position in a
governmental structure is not a hindrance for the Court to give weight to CJ
Panganiban’s government service as legal counsel and consultant.”
Class Discussion: They used a broad definition for the Judiciary
3. De Jure and De Facto Officers, In General
FLOYD MECHEM, THE LAW OF PUBLIC OFFICES AND OFFICERS
(1890), book I, chapter i, §§25-26.
§ 25. Officer de Jure.— An officer dejure is one who is, in all respects, legally
appointed and qualified to exercise the office. The distinction between an officer
dejure an officer de facto and a mere Intruder, is one of great importance and
will be fully considered hereafter.
§ 26. Officer de Facto.— "An officer de facto” in the comprehensive language of
Chief Justice Butlek of Connecticut, ** is one whose acts, though not those of a
lawful officer, the law, upon principles of policy and justice, will hold valid so far
as they involve the interests of the public and third persons, where the duties of
the office were exercised:
First, without a known appointment or election, but under such circumstances
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;
Second, under color of a known and valid appointment or
election, but where the officer had failed to conform to some precedent
requirement or condition, as to take an oath, give bond, or the like ;
Third, under 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
ineligibility, want of power or defect being unknown to the public ;
Fourth, under color of an election or appointment by or pursuant to a public qualifications; (2) opportunity for advancement to higher career
unconstitutional law, before the same is adjudged to be such." ' The full positions; and (3) security of tenure.
discussion of this question is reserved for a subsequent section.
The Career Service shall include:
II. Scope and Classification of the Civil Service
(1) Open Career positions for appointment to which prior qualification in
Const. (1987), art. IX-B, section 2(1) an appropriate examination is required;

ARTICLE IX (2) Closed Career positions which are scientific, or highly technical in
CONSTITUTIONAL COMMISSION nature; these include the faculty and academic staff of state colleges and
universities, and scientific and technical positions in scientific or research
B. THE CIVIL SERVICE COMMISSION institutions which shall establish and maintain their own merit systems;
Section 2.
(3) Positions in the Career Executive Service; namely, Undersecretary,
1. The civil service embraces all branches, subdivisions, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional
instrumentalities, and agencies of the Government, including Director, Assistant Regional Director, Chief of Department Service and other
government-owned or controlled corporations with original charters. officers of equivalent rank as may be identified by the Career Executive
Service Board, all of whom are appointed by the President;

ADMIN CODE (4) Career officers, other than those in the Career Executive Service, who are
Exec. Ord. No. 292 (1987), Book V, Title I, Subtitle A, section 6 appointed by the President, such as the Foreign Service Officers in the
Department of Foreign Affairs;
BOOK V
TITLE I (5) Commissioned officers and enlisted men of the Armed Forces which shall
Constitutional Commissions maintain a separate merit system;
SUBTITLE A
Civil Service Commission (6) Personnel of government-owned or controlled corporations, whether
performing governmental or proprietary functions, who do not fall under the
SECTION 6. Scope of the Civil Service.— non-career service; and

(2) Positions in the Civil Service shall be classified into career service and (7) Permanent laborers, whether skilled, semi-skilled, or unskilled.
non-career service.

A. Career Civil Service Const. (1987), art. IX-B, section 2(2)

ADMIN CODE ARTICLE IX

Exec. Ord. No. 292 (1987), Book V, Title I, Subtitle A, section 7, 2 nd par. CONSTITUTIONAL COMMISSION

SECTION 7. Career Service.—The Career Service shall be characterized by
(1) entrance based on merit and fitness to be determined as far as
practicable by competitive examination, or based on highly technical
B. THE CIVIL SERVICE COMMISSION
Section 2.
2. The Chairman and the Commissioners shall be appointed by the President
with the consent of the Commission on Appointments for a term of seven
 years without reappointment. Of those first appointed, the Chairman shall
hold office for seven years, a Commissioner for five years, and another
Commissioner for three years, without reappointment. 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.
1. Open Career
Provincial Government of Camarines Norte v. Gonzales, G.R. No.
185740, July 23, 2013.
CASE SUMMARY: Gonzales was appointed as the provincial administrator of
Camarines Norte by then Gov. Padilla. However, she was terminated by Gov.
Pimentel for gross insubordination, among others. CSC modified and suspended
her for six months. Saying she had already served her six-month suspension, the
CSC ordered Pimentel to reinstate Gonzales. This Pimentel did, but the next day,
he terminated her for loss of trust and confidence. CSC ordered her instatement
again saying that while loss of trust and confidence is a ground of termination of
the position of Provincial Administrator, this cannot operate to prejudice
Gonzales who was already issued permanent appointments. Issue was whether
or not the position remained a career service position, that for which Gonzales
is entitled to security of tenure. SC ruled in favor of Province.
DOCTRINE: The position was changed from open career position to a non-
career confidential position by virtue of RA 7160 (LGC). Congress can change
the qualifications for and shorten the term of existing statutory offices. When
done in good faith, these acts would not violate a public officer’s security of
tenure, even if they result in his removal from office or the shortening of his
term. Modifications in public office, such as changes in qualifications or
shortening of its tenure, are made in good faith so long as they are aimed at the
office and not at the incumbent. No proprietary title attaches to a public office,
as public service is not a property right.
Open career position— requires qualification in an appropriate examination
prior to appointment. Has security of tenure & can be promoted. Became a non-
career position: confidential—as per LGC (1991).
2. Career Executive Service
ADMIN CODE
Exec. Ord. No. 292 (1987), Book V, Title I, Subtitle A, section 7, 2 nd par (3)
(3) Positions in the Career Executive Service; namely, Undersecretary,
Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional
Director, Assistant Regional Director, Chief of Department Service and other
officers of equivalent rank as may be identified by the Career Executive
Service Board, all of whom are appointed by the President;
Class Discussion: Must all these people be part of the Career Executive Service?
Book IV Sec 6—“at least one of whom must be part of CES”— this means they
don’t all have to be part.
ADMIN CODE
Exec. Ord. No. 292 (1987), Book V, Title I, Subtitle A, section 8.
SECTION 8. Classes of Positions in the Career Service.—(1) Classes of
positions in the career service appointment to which requires examinations
shall be grouped into three major levels as follows:
(a) The first level shall include clerical, trades, crafts, and custodial service
positions which involve non-professional or subprofessional work in a non-
supervisory or supervisory capacity requiring less than four years of
collegiate studies;
(b) The second level shall include professional, technical, and scientific
positions which involve professional, technical, or scientific work in a non-
supervisory or supervisory capacity requiring at least four years of college
work up to Division Chief level; and
(c) The third level shall cover positions in the Career Executive Service.
(2) Except as herein otherwise provided, entrance to the first two levels shall
be through competitive examinations, which shall be open to those inside and
outside the service who meet the minimum qualification requirements.
Entrance to a higher level does not require previous qualification in the lower
level. Entrance to the third level shall be prescribed by the Career Executive
Service Board.
(3) Within the same level, no civil service examination shall be required for
promotion to a higher position in one or more related occupational groups. A
candidate for promotion should, however, have previously passed the
examination for that level.
 ADMIN CODE
Exec. Ord. No. 292 (1987), Book IV, Title XVI, chapter 2, section 6
CHAPTER 2
Secretaries, Undersecretaries, and Assistant Secretaries
SECTION 6. Authority and Responsibility of the Secretary.—The authority
and responsibility for the exercise of the mandate of the Department and for
the discharge of its powers and functions shall be vested in the Secretary,
who shall have supervision and control of the Department.
Civil Service Commission v. Court of Appeals, G.R. No. 185766,
November 23, 2010.
CASE SUMMARY: PCSO General Manager appointed Josefina Sarsonas and
Lemuel Ortega for the position of Assistant Department Manager II. In a series
of resolutions, the CSC disapproved the appointment because they did not meet
the eligibility requirements. The CA set aside the resolutions and held that the
position did not require CSE eligibility. The Court held that the position did not
fall under the CES because it was not enumerated under the Administrative
Code of 1987 and that the holder of the position is a PCSO General Manager
appointee and not a Presidential Appointee.
DOCTRINE: Based on the long line of cases, in order for a position to be covered
by the CES, two elements must concur:
A. the position must either be:
(1) a position enumerated under Book V, Title I, Subsection A, Chapter
2, Section 7(3) of the Administrative Code of 1987,
i.e. Undersecretary, Assistant Secretary, Bureau Director,
Assistant Bureau Director, Regional Director, Assistant
Regional Director, Chief of Department Service, or
(2) a position of equal rank as those enumerated, and identified by the
Career Executive Service Board to be such position of equal rank.
B. the holder of the position must be a presidential appointee.
Failing in any of these requirements, a position cannot be considered as one
covered by the third-level or CES.
Class Discussion:
SUMMARY of All Civil Service:
1. CAREER (Admin Code Book V, Title I, Sec. 7)— Security of Tenure; Promotion;
Qualification by examination
-3 levels (Admin Code, Book V, Title 1, Sec. 8); (CSC v CA Doctrine):
Clerical- less than 4 years college
Technical- 4 years college
CES- No competitive examination
2. NON-CAREER (Admin Code, Book V, Title I, Sec. 9)
Office of the Ombudsman v. Civil Service Commission, G.R. No.
162215, July 30, 2007.
CASE SUMMARY: The Office of the Ombudsman field a petition for certiorari to
set aside the Civil Service Commission’s Opinion on their request to amend the
qualification standards for Director II positions in its Office, which previously
included Career Executive Service Eligibility. The Ombudsman’s position was
that as an independent constitutional body, they were not covered by the CES
which only applied to Executive Department appointees. The Court agreed with
the Ombudsman’s position and granted their petition.
DOCTRINE: Under the Constitution, the Ombudsman is the appointing authority
for all officials and employees of the Office of the Ombudsman, except the
Deputy Ombudsmen. Thus, a person occupying the position of Director II is
appointed by the Ombudsman, not by the President. As such, he is neither
embraced in the CES nor does he need to possess CES eligibility.
Career Executive Service Board v. Civil Service Commission, G.R. No.
196890, January 11, 2018.
CASE SUMMARY: RESP Lodevico was dismissed from her position by CESB
Chair Abesamis, pursuant to a Memorandum issued by PGMA dismissing all
non-CESO in all agencies of the executive branch. CSC granted her appeal,
declaring the termination of her services null and void. The Court held RESP
Lodevico's appointment is merely temporary and her services may be
terminated with or without cause as she merely serves at the pleasure of the
appointing authority. Two requisites must concur in order that an employee in
the career executive service may attain security of tenure: first, CES eligibility;
and second, appointment to the appropriate CES rank. ITC, RESP Lodevico met
the first requisite as she is a CES eligiblebut there was no evidence which proves
that she was appointed to a CES rank.
DOCTRINE: Two requisites must concur in order that an employee in the career
executive service may attain security of tenure: first, CES eligibility; and second,
appointment to the appropriate CES rank.
 Career Executive Service Board v. Civil Service Commission, G.R. No.
197762, March 7, 2017.
CASE SUMMARY: Petition for Certiorari and Prohibition: CESB seeks reversal of
Decision and Resolution of CSC declaring that (a) it had the jurisdiction to
resolve an appeal from a CESB Resolution refusing to declassify certain
positions in PAO; and (b) the PAO positions involved in the appeal do not
require third-level eligibility. SC dismissed the petition, ruling, on all issues, in
favor of CSC. 1) WON petition for certiorari and prohibition was the proper
remedy to question the assailed CSC Decision and Resolution  NO. 2) WON
CSC had the jurisdiction to resolve the appeal filed by the PAO and to reverse
CESB Resolution No. 918  YES. 3) WON CSC acted in accordance with law
when it reversed the CESB and declared that third-level eligibility is not
required for occupants of the subject PAO positions  YES.
DOCTRINE:. As central personnel agency of government, CSC has broad
authority to pass upon all civil service matters. Article IX-B of the 1987
Constitution entrusts to CSC administration of civil service: “all branches,
subdivisions, instrumentalities, and agencies of Government, including
government-owned or -controlled corporations with original charters.”
Class Discussion:
Review these 4 cases (CSC, OMB & CESB cases)— highlights CESB powers
Sir says: If you read these cases, if the CESB was a cat, it was neutered. HAHA.
But if you notice, EO 292 professionalizes presidential appointments. It creates an
eligibility process (Note: in the 3 levels in the admin code— Subpro, Pro, the last
one does not have requirements
Q: Can the President appoint a non-CESO for Usec, for example? YES. No
requirement. But the difference is those people will not have security of tenure.
General Rule:
To have a CES position:
1) the position must either be:
(1) a position enumerated under Book V, Title I, Subsection A, Chapter 2,
Section 7(3) of the Administrative Code of 1987,
i.e. Undersecretary, Assistant Secretary, Bureau Director,
Assistant Bureau Director, Regional Director, Assistant Regional
Director, Chief of Department Service, or
(2) a position of equal rank as those enumerated, and identified by the
Career Executive Service Board to be such position of equal rank.
2) the holder of the position must be a presidential appointee.
Requirements of CES officer to have security of tenure (Tenure as to RANK; not to
function):
1) A person must be appointed to a CES rank (CESB v CSC, 2008)
2) A person has CES eligibility (OMB v CSC; CESB v CSC)
a) Written exam
b) Assessment
c) Performance Validation
d) Interview
Exception:
The law can exempt a position from having CES eligibility (OMB v CSC)
A separate law provides that another body can establish the
qualifications. (Therefore, CESB cannot require CES)
Main differences of Career & Non-Career
1) Security of tenure
2) Merit-based
3) Opportunity for promotion/ advancement
3. Other Career Officers appointed by the President
Philippine Foreign Service Act of 1991
Rep. Act No. 7157, section 14, 16 (1991).
Part A. Foreign Service Officers
SEC. 14. Initial Appointment of Foreign Service Officers.—Consistent
with the goal of developing and strengthening the Career Foreign
Service Corps, recruitment into the ranks of foreign service officers
shall be exclusively through open competitive examinations to
determine the competence, fitness and aptitude of candidates for
foreign service work. No person shall be eligible for appointment as
a foreign service officers unless he has passed these examinations
and demonstrated his loyalty to the Republic of the Philippines and
adheres to the principles of the Constitution. The President shall
extend initial appointments of foreign service officers exclusively
from the list submitted by the Secretary containing the names of
those who passed the examinations. Such initial appointments shall
be to the lowest rank of foreign service officer, class IV. Any person
who, after having passed the examinations, declines to accept an
initial appointment as foreign service officer within a period of one
(1) year from the date he was offered the appointment shall be
required to take and pass examinations again in order to be eligible
for an initial appointment.
 All appointments of foreign service officers shall be to a class and to
not to a particular post.
SEC. 16. Ambassadorial Appointments.—The President shall
nominate and, with the consent of the Commission on Appointments,
appoint ambassadors extraordinary and plenipotentiary to head
embassies and permanent missions. All ambassadorial appointments
shall be to a particular post only.
Career foreign service officers may be appointed by the President as
ambassadors extraordinary and plenipotentiary and shall retain
their items originally held prior to their appointments after their
tour of duty as ambassadors extraordinary and
plenipotentiary: Provided, however, That, during their tour of duty as
ambassadors extraordinary and plenipotentiary, they shall not be
promoted to the next higher rank.
Class Discussion:
Do FSOs follow the 3 CSC ranks? NO.
If a Career FSO is appointed as ambassador, he or she can retain his original post
even before the appointment
There is a difference between rank & function. There are FSOs who are promoted
to ambassador rank, but if they become actual ambassadors for a country, it
would depend on the president’s appointment.
Note: Art. 7 Sec 16 of the Constitution.
B. Non-Career Civil Service
ADMIN CODE
Exec. Ord. No. 292 (1987), Book V, Title I, Subtitle A, section 9.
SECTION 9. Non-Career Service.—The Non-Career Service shall be
characterized by (1) entrance on bases other than those of the usual
tests of merit and fitness utilized for the career service; and (2)
tenure which is limited to a period specified by law, or which is
coterminous with that of the appointing authority or subject to his
pleasure, or which is limited to the duration of a particular project
for which purpose employment was made.
The Non-Career Service shall include:
(1) Elective officials and their personal or confidential staff;
(2) Secretaries and other officials of Cabinet rank who hold their
positions at the pleasure of the President and their personal or
confidential staff(s);
(3) Chairman and members of commissions and boards with fixed
terms of office and their personal or confidential staff;
(4) Contractual personnel or those whose employment in the
government is in accordance with a special contract to undertake a
specific work or job, requiring special or technical skills not available
in the employing agency, to be accomplished within a specific period,
which in no case shall exceed one year, and performs or
accomplishes the specific work or job, under his own responsibility
with a minimum of direction and supervision from the hiring agency;
and
(5) Emergency and seasonal personnel.
1. Confidential
Provincial Government of Camarines Norte v. Gonzales, G.R. No.
185740, July 23, 2013.
RE: CONFIDENTIAL EMPLOYEES
 Section 480 of RA 7160 made the provincial administrator’s functions
closely related to the prevailing provincial administration by identifying the
incumbent with the provincial governor to ensure the alignment of the
governor’s direction for the province with what the provincial
administrator would implement.
o In contrast with the general direction provided by the provincial
governor under the Manual of Position Descriptions cited in Laurel,
Section 480(b) of RA 7160 now mandates constant interaction between
the provincial administrator and the provincial governor
 The administrator position demands a close intimate relationship with the
office of the governor (its appointing authority) to effectively develop,
implement and administer the different programs of the province.
o The administrator’s functions are to recommend to the Sanggunian and
to advise the governor on all matters regarding the management and
administration of the province, thus requiring that its occupant enjoy
the governor’s full trust and confidence.
 RA 7160 even made the provincial administrator position coterminous with
its appointing authority.
 o This provision, along with the interrelations between the provincial
administrator and governor under Section 480, renders clear the intent
of Congress to make the provincial administrator position primarily
confidential under the non-career service category of the civil service.
Class Discussion:
1) Who declares w/n an appointment is confidential? CONGRESS
2) What does it mean if the appointee is confidential? No security of tenure, can be
removed by the appointing authority; Co-terminous.
3) Can be removed before end of term? Yes via loss of trust and confidence
De Los Santos v. Mallare, G.R. No. L-3881, August 31, 1950.
CASE SUMMARY: De Los Santos, City Engineer, was asked to vacate his position
to report to the Bureau of Public Works for another assignment, because the
President appointed Mallare into the position. Court ruled his removal was
invalid as his position was not part of the 3 exceptions that one cannot be
removed from his position without cause.
DOCTRINE: Positions which are NOT primarily confidential, highly technical
and policy-determining cannot be removed except for cause. They also cannot
be removed at the president’s pleasure.
3 CLASSES OF POSITIONS
CONFIDENTIAL- denotes not only confidence in the aptitude of the appointee
for the duties of the office, but primarily close intimacy which insures freedom
of intercourse without embarrassment or freedom from misgivings of betrayals
of personal trust or confidential matters of state.
POLICY DETERMINING- formulates a method of action for the government or
any of its subdivisions.
HIGHLY TECHNICAL- required/ supposed to possess a technical skill or training
in the supreme or superior degree, which is the sense in which "highly
technical”
Civil Service Commission v. Salas, G.R. No. 123708, June 19, 1997.
CASE SUMMARY: Salas terminate by BOD for loss of confidence after an
investigation ex parte by the Intelligence Division of PAGCOR. Salas’ request for
reinvestigation to the Chair and the BOD was denied. Appeal to MPSB and CSC
denied, ruling that as a confidential EE by operation of law (Sec 16, PD 1869),
Salas was not dismissed from the service but his term of office merely expired.
Court ruled that Salas is a confidential EE— CSC Res. 91-830 has declared EEs in
casinos and related services as confidential appointees by operation of law
DOCTRINE: It is the nature of the position which determines whether a position
is primarily confidential, policy-determining, or highly technical. Executive
declarations like PD 1869 are mere initial determinations that are not
conclusive in case of conflict. Based on Salas’ functions, organizational ranking,
and compensation level, it does not appear that his position is primarily
confidential in character, which necessitates such close intimacy which ensures
freedom of intercourse without embarrassment or freedom from misgivings of
betrayals of personal trust or confidential matters of state. (proximity rule)
Class Discussion: When deemed a confidential employee?
1) Presidential declaration that it is confidential
2) Nature of the function, the position is confidential (Proximity Rule- when the
position is remote/far from the appointing power, there is no trust/ confidence)
2. Other Presidential Appointees
Lacson v. Romero, G.R. No. L-3081, October 14, 1949.
CASE SUMMARY: Lacson was provincial fiscal of Negros Oriental. The President
nominated Lacson to the post of provincial fiscal of Tarlac, and Romero for
provincial fiscal of Negros Oriental. Lacson neither accepted the appointment
nor assumed the office of fiscal of Tarlac. Romera still took his oath of office and
notified Lacson of his intention to take the office. Court ruled, the President
cannot appoint another provincial fiscal (the transfer of Lacson, amounting to
his removal from his original office) without just cause.
DOCTRINE: Before a civil service official or employee can be removed, there
must first be an investigation at which he must be given a fair hearing and an
opportunity to defend himself.
Admin Code, "Sec. 694. Removal or suspension”—No officer or employee in the
civil service shall be removed or suspended except for cause as provided by law.
"The President of the Philippines may suspend any chief or assistant chief of a
bureau or office, and in the absence of special provision, any other officer
appointed by him, pending an investigation of charges against such officer or
pending an investigation of his bureau or office. With the approval of the proper
head of department, the chief of a bureau or office may likewise suspend any
subordinate or employee in his bureau or under his authority pending an
investigation, if the charge against such subordinate or employee involves
dishonesty, oppression, or grave misconduct or neglect in the performance of
duty."
3. Project Employees
Chua v. Civil Service Commission, G.R. No. 88979, February 7, 1992.
CASE SUMMARY: RA 6683 provided benefits for early retirement and
voluntary separation as well as for involuntary separation due to
reorganization. It includes all regular, temporary, casual and emergency
employees who have rendered at least 2 consecutive years of service. Lydia
Chua, a NIA-project or co-terminous employee, believing that she is qualified to
avail of the benefits of the program, filed an application. Her application was
denied since she was short-time "contractual" employee which is not included
in the enumeration.
DOCTRINE: If casual employees who serve even less time than co-terminous or
project personnel, who are considered contractual non-service career
employees, are included in the coverage of the Early Retirement law, through
the doctrine of necessary implication, so should co-terminous employees who
have rendered years of continuous service (more than 2 years even). To not do
so would violate the equal protection of laws since they are similarly situated
with those in the coverage. This is as long as they file their application prior to
the expiration of their term, and as long as they comply with CSC regulations
promulgated for such purpose.
RE: PROJECT EMPLOYEES
a. Casual - where and when the employment is not permanent but occasional,
unpredictable, sporadic and brief in nature.
▪ What substantial differences exist, if any, between casual, emergency,
seasonal, project, co-terminous or contractual personnel? All are
tenurial employees with no fixed term, non-career, and temporary. ITC:
Personnel hired under foreign-assisted projects is considered co-
terminous, employes for the duration of the project or until completion
or cessation of the project1.
The employment status of personnel hired under foreign — assisted
projects is considered co-terminous, that is, they are considered
1 2
CSC Memorandum Circular No. 39, S. 1990, 27 June 1990
employees for the duration of the project or until the completion or
cessation of said project2. It is a form of non-career service.
b. Co-terminous status is issued to a person whose entrance in the service is
characterized by confidentiality by the appointing authority or that which is
subject to his pleasure or co-existent with his tenure.
i. co-terminous with the project — When the appointment is co-existent
with the duration of a particular project for which purpose
employment was made or subject to the availability of funds for the
same;
ii. co-terminous with the appointing authority — when appointment is
co-existent with the tenure of the appointing authority.
iii. co-terminous with the incumbent — when appointment is co-existent
with the appointee, in that after the resignation, separation or
termination of the services of the incumbent the position shall be
deemed automatically abolished; and
iv. co-terminous with a specific period, e.g. "co-terminous for a period of 3
years" — the appointment is for a specific period and upon expiration
thereof, the position is deemed abolished.
Class Discussion: The project employees are non-career, although no security of
tenure.
III. Modes of Selection of Public Officers
A. Election
OMNIBUS ELECTION CODE
BP Blg. 881, section 2
Section 2. Applicability. - This Code shall govern all election of public officers
and, to the extent appropriate, all referenda and plebiscites.
B. Appointment
Recommended reading: Mechem, §§100-102, 125-127
§ 100. Necessity of Appointment or Election- “…It is absurd to suppose that
any official power can exist in any person by his own assumption, or by the
employment of some other private person. The exercise of such a power is an
act in its nature public and not private
CSC Memorandum Circular No. 39, S. 1990, 27 June 1990
102. Appointment— “Act of designation by the executive officer, board or
body, to whom that power has been delegated, of the individual who is to
exercise the function of a given office.”
Appointments to Fill Vacancies
§ 125. Power may exist in two classes— The power of appointment to fill
vacancies may exist in 2 classes—
1. Vacancies in offices originally filled by appointment, and
2. Vacancies in offices originally filled by election
§ 126.What constitutes vacancy?— When there is no person lawfully
authorized to assume and exercise at present the duties of the office.
“Vacancy” has no technical meaning. An office is not vacant so long as it
is supplied in the manner provided by the constitution or law with an
incumbent who is legally qualified to exercise the powers and perform the
duties which pertain to it; and conversely, it is vacant in the eye of the law
whenever it is unoccupied by a legally qualified incumbent, who has a lawful
right to continue therein until the happening of some future event”
§ 127. Classification of Vacancies—
1. Original- Office is created, no one has been appointed to fill it
2. Constructive- Incumbent has no legal right or claim to conitnue in office, but
can be legally replaced by another functionary
3. Accidental- Incumbent died, resigned or removed
4. Absolute- Term of an incumbent expired and no successor is legally qualified
to assume office.
Class Discussion:
What would be the requisites:
1) Appointing authority
2) Appointing power designated by law
3) Vacancy
1. Appointment vs. Designation
Binamira v. Garrucho, G.R. No. 92008 July 30, 1990.
CASE SUMMARY: The Minister of Tourism sent Binamira a Memo, which stated
that the latter is now General Manager of the Philippine Tourism Authority.
Later on, the new Secretary of Tourism removed Binamira from his post.
President Aquino sent a Memo to the new Secretary of Tourism, stating that
Binamira’s appointment was not in accordance with Sec. 23-A of PD 564 and
thus made the said Secretary the GM for the time being. Binamira questioned his
removal. The issue is whether or not Binamira was validly appointed a GM of
PTA? No he was not appointed by the President, but he was merely designated
by the Minister of Tourism.
DOCTRINE: There is a clear distinction between appointment and designation.
Appointment may be defined as the selection, by the authority vested
with the power, of an individual who is to exercise the functions of a
given office. When completed, usually with its confirmation, the
appointment results in security of tenure for the person chosen unless
he is replaceable at pleasure because of the nature of his office.
Designation, on the other hand, connotes merely the imposition by law
of additional duties on an incumbent official.
Class Discussion: Person with power to designate is ordinarily the same person
who had appointing power.
Sevilla v. Court of Appeals, G.R. No. 88498, June 9
CASE SUMMARY: Sevilla was appointed as Assistant City Engineer of Palayan
City. He was later on designated as Acting City Engineer of Cabanatuan City.
After the EDSA revolution, a permanent City Engineer of Cabanatuan was
appointed and Sevilla was designated to a position in Pasay City. After he was
removed from Pasay City, he filed a Quo Warranto position against the City
Engineer of Cabanatuan to reclaim his former post. The RTC reinstated him as
City Engineer of Cabanatuan but the CA reversed.
The SC held that he was merely designated as City Engineer of Cabanatuan
therefore was merely holding it in a temporary capacity. He could not enjoy
security of Tenure for this position and could be removed by the OIC of
Cabanatuan at his discretion. It was his post in Palayan City to which he was
appointed as, which enjoys security of Tenure and not his designation in
Cabanatuan.
DOCTRINE:
GR: Appointment is the selection by the proper authority of an individual who is
to exercise the functions of an office.
Designation, on the other hand, connotes merely the imposition of additional
duties, upon a person already in the public service by virtue of an earlier
appointment or election.
A mere "designation" does not confer upon the designee security of tenure in
the position or office which he occupies in an "acting" capacity only.
Class Discussion: Check the FUNCTIONS
2. Appointing Power
Recommended reading: Mechem §§104-105, 107-109, 112-113
§ 104. Appointment in Office is an executive Act— Though it by no means
follows that the appointing power is inherent in the executive
§ 105. Exceptions to this Rule— It is not every appointment to office which
involves the exercise of executive functions; as, for instance, the appointments
made by judicial officers in the discharge of their official duties, or the
appointments made by the general assembly of officers necessary to enable it to
properly discharge its duties as an independent legislative body, and the like.
Such appointments by the several departments of the state government are
necessary to enable them to maintain their independent existence, and do not
involve an encroachment upon the functions of any other branch.
§ 107. Power to prescribe Manner of Appointment not equivalent to Power
to appoint— “Appointment not provided for the constitution shall be chosen in
such a manner as prescribed by law” does not authorize the legislature itself to
make such appointment or election… To prescribe the manner of election or
appointment is an ordinary legislative function. To make an appointment is an
administrative function.
§ 108. Authority of Executive to appoint must be conferred by sovereign
Power— The power to appoint officers, excepting, those who are to assist him
in the discharge of his personal executive duties, is not inherent in the chief
executive, but must exist… by virtue of the authority conferred upon him by the
sovereign power.
§ 109. Power which created Authority can take it away
§ 112. Can not appoint himself to an Office— It is contrary to public policy to
permit an officer, having the power to appoint to an office, to exercise that
power in his own interest by appointing himself.
§ 113. Power once exercised is exhausted till Vacancy occurs— Where
power has been given to appoint to an office and the same has been exercised,
any subsequent appointment to the same office will be void unless the prior
incumbent has been removed or the office has otherwise become vacant.
ADMIN CODE
Exec. Ord. No. 292 (1987), Book III, Title I, Chapter 1, section 5(2)
Section 5. Definitions of Terms. - As used in this title, the following shall be
construed thus: (2) Appointing officer is the person or body authorized
by law to make appointments in the Philippine Civil Service.
EO 292 Book III, Title I, Chapter 10, Section 65, 67
Section 65. Liability of Appointing Authority. - No person employed in the Civil
Service in violation of the Civil Service Law and rules shall be entitled to
receive pay from the government; but the appointing authority responsible
for such unlawful employment shall be personally liable for the pay that
would have accrued had the employment been lawful, and the disbursing
officials shall make payment to the employee of such amount from the salary
of the officers so liable.
Section 67. Penal Provision. - Whoever makes any appointment or employs
any person in violation of any provision of this Title or the rules made
thereunder or whoever commits fraud, deceit or intentional
misrepresentation of material facts concerning other civil service matters, or
whoever violates, refuses or neglects to comply with any of such provisions
or rules, shall upon conviction be punished by a fine not exceeding one
thousand pesos or by imprisonment not exceeding six (6) months, or both
such fine and imprisonment in the discretion of the court.
Flores v. Drilon, G.R. No. 104732, June 22, 1993
CASE SUMMARY: Sec. 13, par. (d), of R.A. 7227 (mayor of the City of Olongapo
shall be appointed as the chairman and chief executive officer of the Subic
Authority) is being challenged by petitioners as unconstitutional on the grounds
that it violates the constitutional prohibition against appointment or
designation of elective officials to other government posts, and that it
constitutes legislative encroachment on the appointing authority of the
president. The Court ruled that the provision is unconstitutional. When the
qualifications prescribed by Congress can only be met by one individual, such
enactment effectively eliminates the discretion of the appointing power to
choose and constitutes an irregular restriction on the power of appointment.
DOCTRINE: Appointment involves an exercise of discretion of whom to
appoint; it is not a ministerial act of issuing appointment papers to the
appointee. In other words, the choice of the appointee is a fundamental
component of the appointing power. When Congress clothes the President with
the power to appoint an officer, it (Congress) cannot at the same time limit the
choice of the President to only one candidate. Once the power of appointment is
conferred on the President, such conferment necessarily carries the discretion
of whom to appoint.
3. Types of Appointment in the Career Service
a. Permanent or Temporary based on Qualification
ADMIN CODE
Exec. Ord. No. 292 (1987), Book V, Title I, Subtitle A, Chapter 5, section 27
Section 27. Employment Status. - Appointment in the career service shall be
permanent or temporary.
(1) Permanent status. A permanent appointment shall be issued to a
person who meets all the requirements for the positions to which he is
being appointed, including the appropriate eligibility prescribed, in
accordance with the provisions of law, rules and standards promulgated
in pursuance thereof.
(2) Temporary appointment. In the absence of appropriate eligibles and
it becomes necessary in the public interest to fill a vacancy, a temporary
appointment shall be issued to a person who meets all the requirements
for the position to which he is being appointed except the appropriate civil
service eligibility: Provided, That such temporary appointment shall not
exceed twelve months, but the appointee may be replaced sooner if a
qualified civil service eligible becomes available.
Office of the Ombudsman v. Civil Service Commission, G.R. No.
159940, February 16, 2005.
b. Provisional Appointments (Defunct Category, except as to Teachers)
CSC MC No. 24, s. 2017 Sec 9-10
Sec 10. Employment Status of Teachers-
b. Provisional- an appointment issued to an appointee who meets all the
requirements of the position except the eligibility but only in the absence of a
qualified eligible actually available who is willing to accept the appointment,
as certified by the School Division Superintendent. It shall not be effective
beyond the school year during which it was issued. The appointment may be
subject to reappointment (renewal).
Recommended Reading: Sarmiento v. Nolasco, G.R. No. L-38565,
November 15, 1974
CASE SUMMARY: Petitioners sought the modification of a Supreme Court
decision in their favor stating that RA 6040 does not provide that those who do
not qualify for automatic permanent appointment may not continue to hold
office as holdover or temporary employees, hence, those who did not qualify are
not considered automatically removed or separated form service after August 4,
1969. The Court ruled granted the motion and stated that the petitioners are
clearly entitled to hold over and continue in service after August 4, 1969
(effectivity of R.A. 6040) pending review and final action on their individual
provisional appointments as provided for in the aforementioned Circular No. 4
of the Civil Service Commission.
DOCTRINE: Approval on August 4, 1969 of Republic Act No. 6040 abolishing
provisional appointments did not result to the automatic separation from the
service of all provisional appointees, since Section 18 of the same law provides
for automatic conversion of provisional appointments into permanent
appointments if the incumbents are qualified. That segment of the law
presupposes the individual review of each provisional appointment to
determine if it could be converted automatically into permanent appointment
under Section 18 of R.A. 6040.
C. Appointment by the President
Exec. Ord. No. 292, Book III, Title I, Chapter 5-Power of Appointment, section
16
Section 16. Power of Appointment. - The President shall exercise the power to
appoint such officials as provided for in the Constitution and laws.
1. Requires CA Confirmation or Not
Constitution (1987), Article VII, Sec. 16, 1st-3rd sentence
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be authorized by law
to appoint. 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.
2. If CA Confirmation Required: Regular or Ad Interim
Constitution (1987), Article VII, Sec. 16, last sentence
The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until after disapproval by the Commission on
Appointments or until the next adjournment of the Congress.
Summers v. Ozaeta, G.R. No. L-1534, October 25, 1948.
3. Prohibition of Lame-Duck / Midnight Appointments; Exceptions
Constitution (1987), Article VII, Sec. 15
SECTION 15. 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.
In Re Appointments of Valenzuela and Vallarta, A.M. No. 98-5-01-SC,
November 9, 1998
De Castro v. Judicial and Bar Council, G.R. No. 191002, March 17,
2010.
Class Discussion: Temporary vacancy only for when public service is endangered
4. Temporary Designations; Acting Appointments
Exec. Ord. No. 292 (1987), Book III, Title I, Chapter 5, section 17
Section 17. Power to Issue Temporary Designation. -
(1) The President may temporarily designate an officer already in the
government service or any other competent person to perform the
functions of an office in the executive branch, appointment to which is
vested in him by law, when: (a) the officer regularly appointed to the
office is unable to perform his duties by reason of illness, absence or any
other cause; or (b) there exists a vacancy;
(2) The person designated shall receive the compensation attached to
the position, unless he is already in the government service in which case
he shall receive only such additional compensation as, with his existing
salary, shall not exceed the salary authorized by law for the position filled.
The compensation hereby authorized shall be paid out of the funds
appropriated for the office or agency concerned.
(3) In no case shall a temporary designation exceed one (1) year.
General v. Arroyo, G.R. No. 191560, March 29, 2011.
CASE SUMMARY: Petitioner was appointed as acting commissioner of
NAPOLCOM by PGMA. PGMA appointed other private respondents to take his
place, he questioned this calling them midnight appointments. PNOY revoked all
midnight appointments. Petitioner claims he is is entitled to serve this
unexpired portion of the term of the person he replaced (Roces) Pet also claims
that - even if his appointment were temporary, a temporary appointment
does not give the President the license to abuse a public official simply because
he lacks security of tenure. He asserts that the validity of his termination from
office depends on the validity of the appointment of the person intended to
replace him. He also claims that he was appointed in a permanent capacity since
NAPOLCOM commissioners are not allowed to be appointed in an acting
capacity.
DOCTRINE: The power to appoint is essentially executive in nature and the
limitations on or qualifications in the exercise of this power are strictly
construed. Given the wide latitude of the President’s appointing authority (and
the strict construction against any limitation on or qualification of this power),
the prohibition on the President from issuing an acting appointment must either
be specific, or there must be a clear repugnancy between the nature of the office
and the temporary appointment.
Class Discussion:
3 types of Temporary:
1) As to qualifications
2) Temporary during midnight ban
3) Under Sec. 17 (1)
5. Made by Acting President or Not
 Constitution (1987), Article VII, Sec. 14
SECTION 14. Appointments extended by an Acting President shall remain
effective, unless revoked by the elected President within ninety days from his
assumption or reassumption of office.
IV. Qualifications and Eligibility
A. Dis/Qualifications, In General
Aguila v. Genato, G.R. No. L-55151 March 17, 1981
CASE SUMMARY: Private respondent was elected as director of an electric
cooperative. A presidential decree and the bylaws of the cooperative state
that elective officers of the government, except barrio captains and councilors,
shall be ineligible to become officers or directors. He was elected as a member
of the Sangguniang Panglungsod. The Court ruled that he was not qualified to be
a director. The fact that private respondent may have been qualified at the time
he assumed the Directorship is not sufficient to entitle him to continue holding
office, if during the continuance of his incumbency he ceases to be qualified.
DOCTRINE: Eligibility to an office should be construed as of a continuing nature
and must exist at the commencement of the term and during occupancy of the
office.
Constitution (1987), article III, section 5, last sentence
SECTION 5. No religious test shall be required for the exercise of civil or
political rights.
B. Dis/Qualifications for Appointive Officer, In General
1. Persons who may not be appointed
Constitution (1987), art. IX-B, section 6-7
SECTION 6. 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.
SECTION 7. No elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure.
Constitution (1987), article XVI, section 5(4)
SECTION 5. (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.
EO 292 BOOK V/Title I/Subtitle A/Chapter 7, section 54, 59
Section 54. Limitation on Appointment. -
(4) No elective official shall be eligible for appointment or designation in
any capacity to any public office or position during his tenure.
(5) No candidate who has lost in any election shall, within one year after
election, be appointed to any office in the Government or any government-
owned or controlled corporations or in any of its subsidiaries.
(6) 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.
Section 59. Nepotism. -
(1) All appointments in the national, provincial, city and municipal
governments or in any branch or instrumentality thereof, including
government-owned or controlled corporations, 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.
As used in this Section, the word "relative" and members of the family
referred to are those related within the third degree either or consanguinity
or of affinity.
(2) The following are exempted from the operation of the rules on
nepotism: (a) persons employed in a confidential capacity, (b) teachers,
(c) physicians, and (d) members of the Armed Forces of the Philippines:
Provided, however, That in each particular instance full report of such
appointment shall be made to the Commission.
 The restriction mentioned in subsection (1) shall not be applicable to the
case of a member of any family who, after his or her appointment to any
position in an office or bureau, contracts marriage with someone in the same
office or bureau, in which event the employment or retention therein of both
husband and wife may be allowed.
(3) In order to give immediate effect to these provisions, cases of
previous appointments which are in contravention hereof shall be
corrected by transfer, and pending such transfer, no promotion or salary
increase shall be allowed in favor of the relative or relatives who are
appointed in violation of these provisions.
Class Discussion: Court in this case said, qualifications of office must be obtained
by the one who will be obtained. It is a continuing requirement so the qualification
must be maintained during the holding thereof.
Even armed forces cannot hold another office. But within the military itself, you
can hold multiple positions with regard functions. But NOT for civilian functions.
REMEMBER:
-Religion
-AFP
-Last election (12 months)
-Nepotism
Debulgado v. Civil Service Commission, G.R. No. 111471, September
26, 1994
2. Prohibition on Holding Multiple Offices
Constitution (1987), Article VII, Section 13
SECTION 13. The President, Vice-President, the Members of the Cabinet, and
their deputies or assistants shall not, unless otherwise provided in this
Constitution, hold any other office or employment during their tenure. They
shall not, during said tenure, directly or indirectly, practice any other
profession, participate in any business, or be financially interested in any
contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including
government-owned or controlled corporations or their subsidiaries. They
shall strictly avoid conflict of interest in the conduct of their office.
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.
Constitution (1987), art. IX-B, section 7.
SECTION 7. No elective official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure.
EO Book V, Title I, Subtitle A, Chapter 7, section 54(3) , supra
Civil Liberties Union v. Executive Secretary, G.R. No. 83896, February
22, 1991.
CASE SUMMARY: The petitioners assail EO 284 in that it adds exceptions to
Section 13, Article VII other than those provided in the Constitution, in allowing
Cabinet members, USecs and Asecs to hold multiple positions and receive
salaries and other privileges therefor. The respondents argue that the phrase
"unless otherwise provided in the Constitution" in Section 13, Article VII makes
reference to the phrase "unless otherwise allowed by law and the primary
functions of his position" Section 7, par. (2), Article IX-B. The SC held that EO
284 is unconstitutional because the intent of the framers is to give a stricter
prohibition to the President, the VP, Cabinet members and their deputies and
assistants. The only other positions that they may hold are ex officio positions,
which are attached to the primary duties of their functions.
DOCTRINE: The prohibition in Section 13, Article VII against the P, VP, Cabinet
and deputies is absolute, covering public and private positions or employment.
On the other hand, the prohibition in Section 7, par. (2), Article IX-B only refers
to other positions in the government, GOCCS and their subsidiaries, and does
not cover private employment.
Betoy v. Board of Directors, National Power Corporation, G.R. Nos.
156556-57, October 4, 2011
CASE SUMMARY: The Electric Power Industry Reform Act of 2001 or EPIRA
(RA 9136) was enacted by Congress with the goal of restructuring the electric
power industry and privatization of the assets of the National Power
Corporation (NPC). In this petition, petitioners assail the constitutionality of
National Power Board Resolutions No. 2002-124 and No. 2002-125; Sections 11,
34, 38, 48, 52 and 63; and Rule 33 of the IRR of EPIRA. By the resolutions, Betoy
and thousands of other employees were terminated from the NPC.
DOCTRINE: The designation of the members of the Cabinet to form the NPB
does not violate the prohibition contained in our Constitution as the
privatization and restructuring of the electric power industry involves the close
coordination and policy determination of various government agencies. The
constitutional prohibition was not violated, considering that the concerned
Cabinet secretaries were merely imposed additional duties and their posts in
the NPB do not constitute “any other office” within the contemplation of the
constitutional prohibition.
Class Discussion: The appointive under Sec 13, Art VII—“HOLD ANY OTHER
OFFICE” as opposed to Sec 7 of Art IX-B, the is an exemption (Unless otherwise
allowed by law). SC applied Civil Liberties case. Re: office-holding, appointment is
covered by the prohibition but designation is not. Ex officio, no extra salary (tama
ba?)
Ex officio:
1) Additional functions
2) Prior appointment
3) No additional compensation
C. Dis/Qualifications for Appointive Office in the Non-Career Service
Constitution (1987), article VIII, section 7
SECTION 7.
(1) No person shall be appointed Member of the Supreme Court or any
lower collegiate court unless he is a natural-born citizen of the Philippines.
A Member of the Supreme Court must be at least forty years of age, and
must have been for fifteen years or more a judge of a lower court or
engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower
courts, but no person may be appointed judge thereof unless he is a citizen
of the Philippines and a member of the Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence,
integrity, probity, and independence.
Republic of the Philippines v. Sereno, G.R. No. 237428, May 11, 2018
CASE SUMMARY: A Petition for Quo Warranto was filed by the Solicitor General
on behalf of the Republic, alleging that Chief Justice Sereno is ineligible for said
position given that she failed to meet the requirement of proven integrity as
mandated by the Constitution. The SC found that Sereno is ineligible for the
position as her failure to file her SALNs for her years in government service
prior to her appointment as Associate Justice in 2010 was intimately related to
her integrity. Such failure meant that she was of questionable integrity. The
Petition was granted and Sereno was ousted from the position of Chief Justice.
DOCTRINE: Members of the Judiciary are bound by the qualifications of
honesty, probity, competence, and integrity. In ascertaining whether candidate
possesses such qualifications, the JBC in the exercise of its Constitutional
mandate, set certain requirements which should be complied with by the
candidates to be able to qualify. The willful non-filing of SALN is an indication of
dishonesty, lack of probity and lack of integrity. More so if the non-filing is
repeated in complete disregard of the mandatory requirements of the
Constitution and the law.
Class Discussion: Re SALN was not filed— what makes her unfit for the office
follows the RAs in the case (malum prohibitum) so no need for intention. Focused
on “integrity, probity, independence”; no SALN indicates lack of integrity.
Constitution (1987), article IX-B, section 1(1)
SECTION 1. (1) The Civil Service shall be administered by the Civil Service
Commission 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.
Constitution (1987), article IX-C, section 1(1)
SECTION 1. (1) There shall be a Commission on Elections composed of a
Chairman and six Commissioners who shall be natural-born citizens of the
Philippines and, 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 position in the immediately preceding elections. However, 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.
Constitution (1987), article IX-D, section 1(1)
SECTION 1. (1) There shall be a Commission on Audit 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, 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.
Constitution (1987), article XI, section 8
SECTION 8. 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.
During their tenure, they shall be subject to the same disqualifications and
prohibitions as provided for in Section 2 of Article IX-A of this Constitution.
Constitution (1987), article XII, section 20
SECTION 20. The Congress shall establish an independent central monetary
authority, the members of whose governing board must be natural-born
Filipino citizens, of known probity, integrity, and patriotism, the majority of
whom shall come from the private sector. They shall also be subject to such
other qualifications and disabilities as may be prescribed by law. The
authority shall provide policy direction in the areas of money, banking, and
credit. It shall have supervision over the operations of banks and exercise
such regulatory powers as may be provided by law over the operations of
finance companies and other institutions performing similar functions.
Constitution (1987), article XIII, section 17
SECTION 17.
(1) There is hereby created an independent office called the Commission
on Human Rights.
(2) The Commission shall be composed of a Chairman and four Members
who must be natural-born citizens of the Philippines and 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.
(3) Until this Commission is constituted, the existing Presidential
Committee on Human Rights shall continue to exercise its present
functions and powers.
(4) The approved annual appropriations of the Commission shall be
automatically and regularly released.
D. Dis/Qualifications of Appointive Officers in the Career Service
1. Principles
Exec. Ord. No. 292 (1987), Book V/Title I/Subtitle A, section 21 (1-3, 5),
section 26, 1st para.
SECTION 21. Recruitment and Selection of Employees.—(1) Opportunity for
government employment shall be open to all qualified citizens and positive
efforts shall be exerted to attract the best qualified to enter the service.
Employees shall be selected on the basis of fitness to perform the duties and
assume the responsibilities of the positions.
(2) When a vacancy occurs in a position in the first level of the Career Service
as defined in Section 8, the employees in the department who occupy the next
lower positions in the occupational group under which the vacant position is
classified, and in other functionally related occupational groups and who are
competent, qualified and with the appropriate civil service eligibility shall be
considered for promotion.
(3) When a vacancy occurs in a position in the second level of the Career
Service as defined in Section 8, the employees in the government service who
occupy the next lower positions in the occupational group under which the
vacant position is classified and in other functionally related occupational
groups and who are competent, qualified and with the appropriate civil
service eligibility shall be considered for promotion.
(5) If the vacancy is not filled by promotion as provided herein the same shall
be filled by transfer of present employees in the government service, by
reinstatement, by re-employment of persons separated through reduction in
force, or by appointment of persons with the civil service eligibility
appropriate to the positions.
 SECTION 26. Personnel Actions.—All appointments in the career service
shall be made only according to merit and fitness, to be determined as far as
practicable by competitive examinations. A non-eligible shall not be
appointed to any position in the civil service whenever there is a civil service
eligible actually available for and ready to accept appointment.
Perfecto Españ ol v. Civil Service Commission, G.R. No. 85479, March
3, 1992.
CASE SUMMARY: The position of Regional Manager of the National Irrigation
Administration, Regional Office No. 2, Cauayan, Isabela, became vacant. At that
time, petitioner Perfecto Español was Chief of the Engineering Division and was
next-in-rank, while private respondent Orlando L. Bulseco was Chief Design
Engineer. Both of them are qualified for the vacancy but Bulseco was
determined to be more qualified than Español, that’s why he got appointed to
the Regional Manager position. SC affirmed Bulseco’s apointment
Class Discussion: Provision (Par. 1) says appointment is “open to all qualified
citizens”; (Par. 3)—“…shall be considered”. Nothing about it being automatic/
controlling (the ‘next-in-rank rule’ should be more of a suggestion lol. It only
promises that the person next in line will be considered). Issue in case is who is
MORE qualified. Court ruled: appointing authority gets to decide. Appointee needs
only to be qualified.
2. Qualification Standards
EO 292 (1987), Book V/Title I/Subtitle A/Chapter 5, section 22
Section 22. Qualification Standards. -
(1) A qualification standard expresses 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. The degree of qualifications of an officer or
employee shall be determined by the appointing authority on the basis of
the qualification standard for the particular position.
Qualification standards shall be used as basis for civil service examinations
for positions in the career service, as guides in appointment and other
personnel actions, in the adjudication of protested appointments, in
determining training needs, and as aid in the inspection and audit of the
agencies personnel work programs.
It shall be administered in such manner as to continually provide incentives
to officers and employees towards professional growth and foster the career
system in the government service.
(2) The establishment, administration and maintenance of qualification
standards shall be the responsibility of the department or agency, with the
assistance and approval of the Civil Service Commission and in
consultation with the Wage and Position Classification Office.
Class Discussion: Who makes the Qualification Standards? The department/
agency, basically, the Appointing Authority.
3. Eligibility for 1st and 2nd Level Career Service Positions
Exec. Ord. No. 292 (1987), Book V/Title I/Subtitle A, section 5(8); 7, 1st par.;
section 26, 1st para
Section 5. Definitions of Terms. - As used in this title, the following shall be
construed thus: (8) Eligible refers to a person who obtains a passing grade in
a civil service examination or is granted a civil service eligibility and whose
name is entered in the register of eligibles.
Section 7. Career Service. - The Career Service shall be characterized by
(1) entrance based on merit and fitness to be determined as far as practicable
by competitive examination, or based on highly technical qualifications;
(2) opportunity for advancement to higher career positions; and
(3) security of tenure.
Section 26. Personnel Actions. - All appointments in the career service shall be
made only according to merit and fitness, to be determined as far as
practicable by competitive examinations. A non-eligible shall not be
appointed to any position in the civil service whenever there is a civil service
eligible actually available for and ready to accept appointment.
Section 21. (7) No person shall be
Class Discussion:
GENERAL RULE: If there is a CES eligible, he shall be appointed
EXCEPTION: If only non-eligible apply, but have qualifications:
1) Immediate filling is urgently required by public interest
2) Temporary filling of vacancies
 a. Civil Service Examinations
Exec. Ord. No. 292 (1987), Book V/Title I/Subtitle A, section 5(9), 8, 12(7-8),
21(7- 8), 23-25, 61-62
Section 5. Definitions of Terms. - As used in this title, the following shall be
construed thus: (9) Examination refers to a civil service examination
conducted by the Commission and its regional offices or by other
departments or agencies with the assistance of the Commission, or in
coordination or jointly with it, and those that it may delegate to departments
and agencies pursuant to this Title, or those that may have been delegated by
law.
Section 8. Classes of Positions in the Career Service. -
(3) Classes of positions in the career service appointment to which
requires examinations shall be grouped into three major levels as follows:
(a) The first level shall include clerical, trades, crafts, and custodial
service positions which involve non-professional or subprofessional
work in a non-supervisory or supervisory capacity requiring less than
four years of collegiate studies;
(b) The second level shall include professional, technical, and scientific
positions which involve professional, technical, or scientific work in a
non-supervisory or supervisory capacity requiring at least four years
of college work up to Division Chief level; and
(c) The third level shall cover positions in the Career Executive Service.
(4) Except as herein otherwise provided, entrance to the first two levels
shall be through competitive examinations, which shall be open to those
inside and outside the service who meet the minimum qualification
requirements. Entrance to a higher level does not require previous
qualification in the lower level. Entrance to the third level shall be
prescribed by the Career Executive Service Board.
(5) Within the same level, no civil service examination shall be required
for promotion to a higher position in one or more related occupation
groups. A candidate for promotion should, however, have previously
passed the examination for that level.
b. Other Bases for Eligibility
Rep. Act No. 1080 (1954) Rep. Act No. 6850 (1990)
Rep. Act No. 1080 (1954) AN ACT DECLARING THE BAR AND BOARD
EXAMINATIONS AS CIVIL SERVICE EXAMINATIONS
Section 1. The bar examinations and the examinations given by the various
boards of examiners of the Government are declared as civil service
examinations, and shall, for purposes of appointment to positions in the
classified service the duties of which involve knowledge of the respective
professions, except positions requiring highly specialized knowledge not
covered by the ordinary board examinations, be considered as equivalent to
the first grade regular examination given by the Bureau of Civil Service if the
profession requires at least four years of study in college and the person has
practiced his profession for at least two years, and as equivalent to the
second grade regular examination if the profession requires less than four
years of college study.
Sec. 2. The Commissioner of Civil Service shall be furnished by the Clerk of
the Supreme Court and the Secretary of the Board of Examiners a list of the
successful candidates in the respective bar or board examinations with their
general averages, and preference shall be given to those obtaining the highest
ratings in making appointments: Provided, That for those who have already
passed the corresponding bar or board examinations, the eligibility shall be
deemed to commence from the approval of this Act.
Sec. 3. The Commissioner of Civil Service shall promulgate the rules and
regulations to implement the provisions of this Act.
Sec. 4. The benefits granted under this Act shall not prescribe, the provisions
of civil service law or regulations notwithstanding.
Sec. 5. This Act shall take effect upon its approval. Approved: June 15, 1954
Rep. Act No. 6850 (1990) AN ACT TO GRANT CIVIL SERVICE ELIGIBILITY
UNDER CERTAIN CONDITIONS TO GOVERNMENT EMPLOYEES APPOINTED
UNDER PROVISIONAL OR TEMPORARY STATUS WHO HAVE RENDERED A
TOTAL OF SEVEN (7) YEARS OF EFFICIENT SERVICE, AND FOR OTHER
PURPOSES
Section 1. All government employees as of the approval of this Act who are
holding career civil service positions appointed under provisional or
temporary status who have rendered at least a total of seven (7) years of
efficient service may be granted the civil service eligibility that will qualify
them for permanent appointment to their present positions.
 The Civil Service Commission shall formulate performance evaluation
standards in order to determine those temporary employees who are
qualified to avail themselves of the privilege granted under this Act.
The civil service eligibility herein granted may apply to such other positions
as the Civil Service Commission may deem appropriate.
Section 2. The Civil Service Commission shall promulgate the rules and
regulations to implement this Act consistent with the merit and fitness
principle within ninety (90) days after its effectivity.
Section 3. All laws, decrees and executive orders inconsistent with this Act
are hereby repealed or modified accordingly.
Section 4. This Act shall take effect fifteen (15) days from the date of its
publication in at least two (2) newspapers of general circulation.
Approved: February 8, 1990.
4. Other Career Services
Constitution (1987), article XVI, section 4
SECTION 4. The Armed Forces of the Philippines shall be composed of a
citizen armed force which shall undergo military training and serve, as may
be provided by law. It shall keep a regular force necessary for the security of
the State.
V. Process of Appointment
A. Appointments by the President
Constitution (1987), Article VII Sec. 15-16
SECTION 15. 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.
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be authorized by law
to appoint. 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.
The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until after disapproval by the Commission on
Appointments or until the next adjournment of the Congress.
1. Appointments requiring CA confirmation
Constitution 1987, Article VII, Sec. 16, 1st and last para.
SECTION 16. The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the executive
departments, ambassadors, other public ministers and consuls, or officers of
the armed forces from the rank of colonel or naval captain, and other officers
whose appointments are vested in him in this Constitution.
The President shall have the power to make appointments during the recess
of the Congress, whether voluntary or compulsory, but such appointments
shall be effective only until after disapproval by the Commission on
Appointments or until the next adjournment of the Congress.
Constitution (1987), Article VI, Section 18
SECTION 18. There shall be a Commission on Appointments consisting of the
President of the Senate, as ex officio Chairman, twelve Senators and twelve
Members of the House of Representatives, elected by each House on the basis
of proportional representation from the political parties and parties or
organizations registered under the party-list system represented therein. The
Chairman of the Commission shall not vote, except in case of a tie. The
Commission shall act on all appointments submitted to it within thirty
session days of the Congress from their submission. The Commission shall
rule by a majority vote of all the Members.
Lacson v. Romero, G.R. No. L-3081, October 14, 1949., supra
DOCRTINE: The court ruled that the appointment to a government post like intentional or otherwise, to oust him from an office the tenure of which
that of a provincial fiscal to be complete involves several steps. First, comes the is fixed by the Constitution.
nomination by the president. To make that nomination valid and permanent,
the Commission of Appointments of the Legislature has to confirm said Summers ceased being a cadastral judge by accepting the ad interim position of
nomination valid and permanent, the Commission on Appointments of the judge-at-large – YES
Legislature has to confirm said nomination.
2. Presidential Appointments not requiring CA confirmation
 The first two steps, nomination and confirmation, constitute a mere
offer of a post. Constitution 1987, Article VII, Sec. 16, 2nd and 3rd para.
 They are acts of the Executive and Legislative departments of the
government.
SECTION 16. He shall also appoint all other officers of the Government
 But the last necessary to make the appointment complete and effective
whose appointments are not otherwise provided for by law, and those whom
rests solely with the appointee himself.
he may be authorized by law to appoint. The Congress may, by law, vest the
o He may or he may not accept the appointment or nomination.
appointment of other officers lower in rank in the President alone, in the
 As held in the case of Borromeo vs. Mariano, 41 Phil. 327, "there is no
courts, or in the heads of departments, agencies, commissions, or boards.
Power in this country which can compel a man to accept an office."

Consequently, since Lacson has declined to accept his appointment as provincial

Velicaria-Garafil v. Office of the President, G.R. No. 203372, June 16,
fiscal of Tarlac and no one can compel him to do so, then he continues as
2015.
provincial fiscal of Negros Oriental and no vacancy in said office was created,
unless Lacson had been lawfully removed as fiscal of Negros Oriental.
DOCTRINE: The following elements should always concur in the making of a
valid (which should be understood as both complete and effective)
Summers v. Ozaeta, G.R. No. L-1534, October 25, 1948., supra
appointment:

DOCTRINE: Petitioner argued that the president, on his own initiative and
● (1) authority to appoint and evidence of the exercise of the authority;
without the knowledge or consent of the petitioner, appointed petitioner to the
● (2) transmittal of the appointment paper and evidence of the
ad interim position of judge-at-large.
transmittal;
○ Not enough that President signs appt paper -> there should be
SC: Petitioner was at complete liberty to decide whether or not he would accept evidence that the President intended the appt paper to be issued
the offer. However it is not contended whether he was compelled to accept the ○ Release of the appointment paper through the MRO is an
position. unequivocal act that signifies the President's intent of its issuance.
■ The MRO's exercise of its mandate does not prohibit the
ITC, the safer course to follow would have been for him to await the President or the Executive Secretary from giving the
confirmation of the ad interim appointment before qualifying for and assuming appointment paper directly to the appointee. However, a
the position of judge-at-large. problem may arise if an appointment paper is not coursed
through the MRO and the appointment paper is lost or the
o A hasty acceptance on the part of an ad interim appointee, in the appointment is questioned. The appointee would then
anxiety to enjoy either the higher honor or better material advantages have to prove that the appointment paper was directly
of a second office, may lead to seemingly unfair consequences for which given to him.
the appointing power should not be blamed. ■ The possession of the original appointment paper is not
o While in the ordinary course of things, an appointee certainly has the indispensable to authorize an appointee to assume o􏰊ce. If
right to rely on his record and expect the approval of his appointment, it were indispensable, then a loss of the original
it is nevertheless the better part of wisdom for one always to adopt the appointment paper, which could be brought about by
surer method which will, furthermore, protect him against any design, negligence, accident, fraud, fire or theft, corresponds to a
 loss of the office. 56 However, in case of loss of the original 2. Issuance of Appointment
appointment paper, the appointment must be evidenced
by a certified true copy issued by the proper office, in this Executive Order No. 292, Book V/Title I/Subtitle A, section 27 SECTION
case the MRO. 27. Employment Status.—Appointment in the career service shall be
● (3) a vacant position at the time of appointment; and permanent or temporary.
○ Incumbent must first be legally removed or his appointment
● (4) receipt of the appointment paper and acceptance of the
(1) Permanent status.—A permanent appointment shall be issued to a person
appointment by the appointee who possesses all the qualifications and
who meets all the requirements for the positions to which he is being
none of the disquali􏰋cations.
appointed, including the appropriate eligibility prescribed, in accordance
with the provisions of law, rules and standards promulgated in pursuance
The concurrence of all these elements should always apply, regardless of when thereof.
the appointment is made, whether outside, just before, or during the
appointment ban. These steps in the appointment process should always
(2) Temporary appointment.—In the absence of appropriate eligibles and it
concur and operate as a single process. There is no valid appointment if the
becomes necessary in the public interest to fill a vacancy, a temporary
process lacks even one step. And, unlike the dissent's proposal, there is no need
appointment shall be issued to a person who meets all the requirements for
to further distinguish between an effective and an ineffective appointment
the position to which he is being appointed except the appropriate civil
when an appointment is valid.
service eligibility: Provided, That such temporary appointment shall not
exceed twelve months, but the appointee may be replaced sooner if a
The appointment is deemed complete once the last act required of the qualified civil service eligible becomes available.
appointing authority has been complied with and its acceptance thereafter by
the appointee in order to render it effective.
2017 CSC Rules. Appointment Form

Class Discussion:
All these elements constitute appointment, none should be missing:
(1) authority to appoint and evidence of the exercise of the authority;
(2) transmittal of the appointment paper and evidence of the transmittal;
(3) a vacant position at the time of appointment; and Achacoso v. Macaraig, G.R. No. 93023, March 13, 1991.
(4) receipt of the appointment paper and acceptance of the appointment by the
appointee who possesses all the qualifications and none of the disqualifications DOCTRINE: The mere fact that a position belongs to the Career Service does not
automatically confer security of tenure to its occupant even if he does not
B. Appointments in the Career Service possess the required qualifications. A person who does not have the requisite
qualifications for the position cannot be appointed to it in thefirst place or, only
as an exception to the rule, may be appointed to it merely in an acting capacity
1. Screening of Candidates
in the absence of appropriate eligibles

Executive Order No. 292, BOOK V/Title I/Subtitle A/Chapter 5, section

Class Discussion: Even if paper says permanent, the fact that there was lacking
21(4)
qualifications, it was considered temporary.

SECTION 21. Recruitment and Selection of Employees.— (4) For purposes

3. Acceptance by the Appointee; Oath
of this Section, each department or agency shall evolve its own screening
process, which may include tests of fitness, in accordance with standards and
guidelines set by the Commission. Promotion boards shall be formed to Mechem, §§247-252
formulate criteria for evaluation, conduct tests or interviews, and make
systematic assessment of training experience. Aquino v. Civil Service Commission, G.R. No. 92403 April 22, 1992.
CASE SUMMARY: Aquino was designated a Officer-In-Charge of the Division
Supply Office in view of the retirement of the Supply Officer I. Two years later,
De la Paz was appointer as Supply Officer I which was confirmed by the CSC.
Petitioner filed a protest which was sustained. Aquino was then issued a
permanent appointment as Supply Officer I. The CSC reversed the decision of
the DECS Sec.
DOCTRINE: There is thus reasonable ground for the rule that the moment the
discretionary power of appointment has been exercised and the appointee
assumed the duties and functions of the position, the said appointment cannot
be revoked by the appointing authority on the ground merely that the
protestant is more qualified than the first appointee, subject however to the
condition that the first appointee should possess the minimum qualifications
required by law. Otherwise, the security of tenure guaranteed by Article IX-B,
Section 2 par. (3) of the 1987 Constitution would be rendered meaningless if the
appointing authority is allowed to flip-flop in exercising its discretionary power
of appointment.
Constitution (1987), article IX-B, section 4
SECTION 4. All public officers and employees shall take an oath or
affirmation to uphold and defend this Constitution.
EO 292 (1987), Book I, chapter 10, section 40
SECTION 40. Oaths of Office for Public Officers and Employees.— All
public officers and employees of the government including every member of
the armed forces shall, before entering upon the discharge of his duties, take
an oath or affirmation to uphold and defend the Constitution; that he will
bear true faith and allegiance to it; obey the laws, legal orders and decrees
promulgated by the duly constituted authorities; will well and faithfully
discharge to the best of his ability the duties of the office or position upon
which he is about to enter; and that he voluntarily assumes the obligation
imposed by his oath of office, without mental reservation or purpose of
evasion. Copies of the oath shall be deposited with the Civil Service
Commission and the National Archives.
4. Certification by the Civil Service Commission
Favis v. Rupisan, G.R. No. L-22823, May 19, 1966.
CASE SUMMARY: Petitioner Favis was appointed by PVTA’s board of directors
to the position of Asst General Manager. 2 years later, the same board of
directors declared Favis’ position vacant based on the allegation that Favis has
been remiss in the performance of his duties. On the same day, respondent
Fariñas was appointed to the position. Favis then filed this petition for quo
warranto, claiming that his removal was made in violation of Section 32 of RA
2260 and that the subsequent appointment of Fariñas constituted usurpation
and unlawful possession of the position. The SC dismissed the case and sided
with the respondents, in that the position belongs to the competitive service,
whose appointment needed the approval of the CSC.
DOCTRINE: For an appointee to a classified position to be entitled to the
protection of the law against unjust removal, his appointment must receive the
proper approval of the Commissioner of Civil Service
Class Discussion: If you never got approval, you never got appointed.
Perfecto Españ ol v. Civil Service Commission, G.R. No. 85479, March
3, 1992., supra
Class Discussion: Civil Service cannot control discretion of appointing authority.
From the case:
“Fundamental is the rule that appointment is an essentially discretionary power
and must be performed by the officer in whom it is vested according to his best
lights, the only condition being that the appointee shall possess the qualifications
required by law. If he does, then the appointment cannot be faulted on the ground
that there are others better qualified who should have been preferred. This is a
political question involving considerations of wisdom which only the appointing
authority can decide.
Consequently; it was further held that where respondent commission has
acknowledged that both the petitioner and the private respondent were qualified
for the contested position that recognition alone rendered it functus officio in the
case and prevented it from acting further thereon except to affirm the validity of
the appointment made by the head of the office.”
Essentially, what matters is w/n the person is qualified. If qualified, CSC no power
but to affirm. If not, then there are those exceptions on public interest and
temporary.
C. Objections to Appointment
1. Appeal by Next-in-Rank Officer
 Executive Order No. 292, BOOK V/Title I/Subtitle A/Chapter 5-Personnel whose decisions are in turn subject to appeal to the CSC. The latter’s decision
Policies and Standards], section 21(6) may be brought to the SC.

(6) A qualified next-in-rank employee shall have the right to appeal initially Republic of the Philippines v. Sereno, G.R. No. 237428, May 11, 2018,
to the Secretaries or heads of agencies or instrumentalities including supra
government-owned or controlled corporations with original charters, then to
the Merit System Protection Board, and finally to the Civil Service Class Discussion: ASK CHEL CAUSE U DON’T LISTEN U DUMBASS HAHAHA
Commission an appointment made in favor of another employee if the
appellant is not satisfied with the written special reason or reasons given by
the appointing authority for such appointment; Provided, however, that the D. De Jure vs. De Facto Officers
decision of the Civil Service Commission may be reviewed on certiorari only
by the Supreme Court within thirty (30) days from receipt of the decision of
Recommended reading: Mechem, Book I, chapter viii, §§315-332
the aggrieved party. For purposes of this Section, “qualified next-in-rank”
refers to an employee appointed on a permanent basis to a position
previously determined to be next- in-rank and who meets the requirements Class Discussion:
for appointment thereto as previously determined by the appointing De jure- legal title
authority and approved by the Commission. De facto- colorable title

For you to be a de facto officer, requisites:

2. Quo Warranto? 1) Office recognized by law
2) Actual possession of the office
3) Color of authority
Sevilla v. Court of Appeals, G.R. No. 88498, June 9, 1992.
(Codilla v Martinez)

DOCTRINE: An action for quo warranto may be commenced by "a person

DE JURE DE FACTO MERE USURPER
claiming to be entitled to a public office or position usurped or unlawfully held
or exercised by another" (Sec. 6, Rule 66, Rules of Court), the petitioner's right RIGHT/ TITLE Legal right/ Colorable right/ title No right/ title
to discharge the functions of Acting City Engineer of Cabanatuan City was title
extinguished when a permanent appointment to the same office was made VALIDITY OF Valid Valid, if within scope Invalid
therefore quo warranto cannot prosper. ACTS AS TO 3RD of authority of
PERSONS position
RIGHT TO SUE Has right No right No right
Mantala v. Salvador, G.R. No. 101646 February 13, 1992.
FOR SALARY etc
Exception: If no de
CASE SUMMARY: Dr. Mantala was given a temporary appointment for Division
jure officer, good
Chief. Regino made a formal protest with the Committee on Evaluation and
faith, actual
Protest of the DOH and appeled to the Merit Systems Board of the CSC which
possession, discharge
ruled in her favor. The DOH then appealed to the CSC. Meanwhile, Secretary
of duties (Unda case)
Bengzon made Mantala’s appointment permanent. He then filed an MR before
LIABILITY TO BE None Must account to the Liable to be sued
the Board which was denied and elevated the case to the CSC which dismissed
SUED FOR de jure officer; not
his appeal. Upon MR, CSC set aside the resolution of the Board and upheld
SALARY etc required to repay the
Mantala’s appointment. After filing an MR to no avail, Regino filed an action for
RECEIVED government
quo warranto and mandamus before the RTC of QC.

DOCTRINE: Protest cases are decided in the first instance by the head of the
Codilla v. Martinez, G.R. No. L-14569, November 23, 1960.
Department or agency, subject to appeal to the Merit Systems Protection Board,
CASE SUMMARY: Codilla et al. were policemen who were separated from
service by Jose L. Martinez, who was at the time designated Acting Mayor of
Tagum, Davao. Martinez was the 3rd ranking councilor and was designated by
the Vice Mayor as Acting Mayor due to poor health, while the incumbent Mayor
Baloyo left for Negros Occidental. Petitioners argue that the designation of
Martinez as acting mayor was not made in accordance with the provisions of
Section 2195 of the Revised Administrative Code and Section 21 (a) of the
Revised Election Code under which such designation should be made by the
provincial governor with the consent of the provincial board.
DOCTRINE: A public officer who acts under a color of authority is a de facto
officer, as distinguished from a usurper who has neither right nor color of right
to an office. If the acts of the de facto officer are made within the scope of the
authority vested by law in the office, such acts are valid and binding.
CAB: His actions are deemed valid as a de facto officer.
Corpuz v. Court of Appeals, G.R. No. 123989 January 26, 1998.
CASE SUMMARY: PET CORPUZ was removed from his post pursuant to MTRCB
Resolution No. 8-1-91 which declared their appointments null and void because
former MTRCB Chair Morato failed to submit for approval said appointments to
the Board before forwarding them to the CSC. CSC ruled in PET CORPUZ’ favor,
ordering his automatic reinstatement to office. CA reversed. SC ruled that since
the last act required for the completion of PET CORPUZ’ appointment- approval
by the Board- was not obtained, his appointment ceased to have effect and his
services were properly terminated. As such, PET CORPUZ was a de facto officer.
DOCTRINE: A public official or employee who assumed office under an
incomplete appointment is merely a de facto officer for the duration of his
occupancy of the office for the reason that he assumed office under color of a
known appointment which is void by reason of some defect or irregularity in its
exercise.
Civil Service Commission v. Unda, G.R. No. 213237, September 13,
2017.
DOCTRINE: An appointment to a position that is optional under the Local
Government Code (LGC) but without the corresponding appropriation by the
relevant sanggunian is ineffectual. Respondent’s appointment as MENRO having
been rendered ineffective by lack of appropriation ordinance, he was
nonetheless a de facto officer whose acts were as valid as those performed by a
de jure officer. A de facto officer is one who is in possession of an office, and is
discharging his duties under color of authority, by which is meant authority
derived from an appointment, however irregular or informal, so that the
incumbent is not a mere volunteer.
Where there is no de jure officer, a de facto officer who, in good faith, has
possession of the office and discharges the duties pertaining thereto, is legally
entitled to the emoluments of the office, and may in an appropriate action
recover the salary, fees and other compensations attached to the office.
Dimaandal v. Commission on Audit, G.R. No. 122197, June 26, 1998
CASE SUMMARY: Dimaandal, Supply Officer III, was designated as Acting
Provincial Treasurer for Administration by the Governor General. The next year,
he wants to claim the difference of the salaries from his former to new one and
the Representation and Transportation Allowance (RATA) of both his positions.
The SC ruled that he is merely designated and is not even a de facto officer since
he was appointed by one who was not authorized (only the President and
Secretary can appoint, not the Governor) thus he cannot claim salaries and
allowances.
DOCTRINE: A de facto officer is one who derives his appointment from an
appointer with colorable authority to appoint, if the office is an appointive
office, and whose appointment is valid on its face. It is also one who is in
possession of an office and is discharging its duties under color of authority, by
authority from an appointment, however irregular or informal, so that the
incumbent be not a mere volunteer.
The right to the salary of a designated/appointed position is based on the
assumption that the appointment or designation thereof was made in
accordance with law. In the absence of right to office, there can be no violation
of any constitutional right nor an impairment of the obligation of contracts
clause under the Constitution.
Class Discussion: On w/n de facto has to return salary to government. No need to
return to government under this case. You are entitled to the salaries of the
services actually rendered.
Arimao v. Taher, G.R. No. 152651, August 7, 2006.
Class Discussion: But in Arimao, are they de facto or de jure officers? De facto
COLORABLE TITLE: “Derived of the election or appointment, however irregular,
such that the person is not a mere volunteer.”
“A de facto officer, not having a good title, takes the salaries at his risk and must,
therefore, account to the de jure officer for whatever salary he received during the
period of his wrongful tenure.”
VI. Personnel Actions
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26, 1st – 2nd
paras.
SEC. 26. Personnel Actions. — All appointments in the career service shall be
made only according to merit and fitness, to be determined as far as
practicable by competitive examinations. A non-eligible shall not be
appointed to any position in the civil service whenever there is a civil service
eligible actually available for and ready to accept appointment.
As used in this Title, any action denoting the movement or progress of
personnel in the civil service shall be known as personnel action. Such action
shall include appointment through certification, promotion, transfer,
reinstatement, re-employment, detail, reassignment, demotion, and
separation. All personnel actions shall be in accordance with such rules,
standards, and regulations as may be promulgated by the Commission.
A. Personnel Actions, In General
1. Authority
Executive Order No. 292 (1987), Book IV, Chapter 2, Section 7(6)
SECTION 7. Powers and Functions of the Secretary.—The Secretary shall:
(6) Appoint all officers and employees of the Department except those whose
appointments are vested in the President or in some other appointing
authority; Provided, However, that where the Department is regionalized on
a department-wide basis, the Secretary shall appoint employees to positions
in the second level in the regional offices as defined in this Code;
Executive Order No. 292 (1987), Book IV, Chapter 6, Section 30
SECTION 30. Authority to Appoint and Discipline.—The head of bureau or
office shall appoint personnel to all positions in his bureau or office, in
accordance with law. In the case of the line bureau or office, the head shall
also appoint the second level personnel of the regional offices, unless such
power has been delegated. He shall have the authority to discipline
employees in accordance with the Civil Service Law.
Class Discussion: Who has authority? Secretary or Bureau head.
Who makes them? Appointing authority
2. Standards
EO 292 (1987), Book V/Title I/Subtitle A/Chapter 5, section 22
Section 22. Qualification Standards. -
(6) A qualification standard expresses 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. The degree of qualifications of an officer or
employee shall be determined by the appointing authority on the basis of
the qualification standard for the particular position.
Qualification standards shall be used as basis for civil service examinations
for positions in the career service, as guides in appointment and other
personnel actions, in the adjudication of protested appointments, in
determining training needs, and as aid in the inspection and audit of the
agencies personnel work programs.
It shall be administered in such manner as to continually provide incentives
to officers and employees towards professional growth and foster the career
system in the government service.
(7) The establishment, administration and maintenance of qualification
standards shall be the responsibility of the department or agency, with the
assistance and approval of the Civil Service Commission and in
consultation with the Wage and Position Classification Office.
B. Personnel Actions Involving Issuance of Appointment
1. Original Appointment
2017 Omnibus Rules on Appointments and Other Human Resource Actions,
Rule IV, Sec. 11(a).
 SECTION 11. Nature of Appointment. The nature of appointment shall be,
as follows:
a. Original- the initial entry into the career or non-career service.
Executive Order No. 292 (1987), Book V, Chapter 5, section 26, 2nd para (1)
All such persons must serve a probationary period of six months following
their original appointment and shall undergo a thorough character
investigation in order to acquire permanent civil service status. A
probationer may be dropped from the service for unsatisfactory conduct or
want of capacity any time before the expiration of the probationary period:
Provided, That such action is appealable to the Commission.
Rule V. Probationary Period.
Sec. 14. Original appointees in the career service with permanent status of
appointment, shall undergo probationary period for a thorough assessment
of his/her performance and character. The duration of probationary period is
generally 6 months or depending on the duration of the probationary period
as required by the position.
Probationary period refers to the period of actual service following the
issuance of a permanent appointment wherein the appointee undergoes a
thorough character investigation and assessment of capability to perform the
duties of the position enumerated in the Position Description Form. [ADD TO
THIS]
2. Promotion
a. In General
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26(2)
SECTION 26. Personnel Actions.—All appointments in the career service
shall be made only according to merit and fitness, to be determined as far as
practicable by competitive examinations. A non-eligible shall not be
appointed to any position in the civil service whenever there is a civil service
eligible actually available for and ready to accept appointment.
As used in this Title, any action denoting the movement or progress of
personnel in the civil service shall be known as personnel action. Such action
shall include appointment through certification, promotion, transfer,
reinstatement, re-employment, detail, reassignment, demotion, and
separation. All personnel actions shall be in accordance with such rules,
standards, and regulations as may be promulgated by the Commission.
(2) Promotion.—A promotion is a movement from one position to another
with an increase in duties and responsibilities as authorized by law and
usually accompanied by an increase in pay. The movement may be from one
department or agency to another or from one organizational unit to another
in the same department or agency.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 2, section 8(3)
SECTION 8. Classes of Positions in the Career Service.
(3) Within the same level, no civil service examination shall be required for
promotion to a higher position in one or more related occupational groups. A
candidate for promotion should, however, have previously passed the
examination for that level.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 21(1-6)
SECTION 21. Recruitment and Selection of Employees.—(1) Opportunity for
government employment shall be open to all qualified citizens and positive
efforts shall be exerted to attract the best qualified to enter the service.
Employees shall be selected on the basis of fitness to perform the duties and
assume the responsibilities of the positions.
(2) When a vacancy occurs in a position in the first level of the Career Service
as defined in Section 8, the employees in the department who occupy the next
lower positions in the occupational group under which the vacant position is
classified, and in other functionally related occupational groups and who are
competent, qualified and with the appropriate civil service eligibility shall be
considered for promotion.
(3) When a vacancy occurs in a position in the second level of the Career
Service as defined in Section 8, the employees in the government service who
occupy the next lower positions in the occupational group under which the
vacant position is classified and in other functionally related occupational
groups and who are competent, qualified and with the appropriate civil
service eligibility shall be considered for promotion.
(4) For purposes of this Section, each department or agency shall evolve its
own screening process, which may include tests of fitness, in accordance with
standards and guidelines set by the Commission. Promotion boards shall be
formed to formulate criteria for evaluation, conduct tests or interviews, and
make systematic assessment of training experience.
(5) If the vacancy is not filled by promotion as provided herein the same shall
be filled by transfer of present employees in the government service, by
reinstatement, by re-employment of persons separated through reduction in
force, or by appointment of persons with the civil service eligibility
appropriate to the positions.
(6) A qualified next-in-rank employee shall have the right to appeal initially
to the Secretaries or heads of agencies or instrumentalities including
government-owned or controlled corporations with original charters, then to
the Merit System Protection Board, and finally to the Civil Service
Commission an appointment made in favor of another employee if the
appellant is not satisfied with the written special reason or reasons given by
the appointing authority for such appointment; Provided, however, that the
decision of the Civil Service Commission may be reviewed on certiorari only
by the Supreme Court within thirty (30) days from receipt of the decision of
the aggrieved party. For purposes of this Section, “qualified next-in-rank”
refers to an employee appointed on a permanent basis to a position
previously determined to be next-in-rank and who meets the requirements
for appointment thereto as previously determined by the appointing
authority and approved by the Commission.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 31-32
SECTION 31. Career and Personnel Development Plans.—Each department
or agency shall prepare a career and personnel development plan which shall
be integrated into a national plan by the Commission. Such career and
personnel development plans which shall include provisions on merit
promotions, performance evaluation, in-service training, including overseas
and local scholarships and training grants, job rotation, suggestions and
incentive award systems, and such other provisions for employees’ health,
welfare, counseling, recreation and similar services.
SECTION 32. Merit Promotion Plans.—Each department or agency shall
establish merit promotion plans which shall be administered in accordance
with the provisions of the Civil Service law and the rules, regulations and
standards to be promulgated by the Commission. Such plans shall include
provisions for a definite screening process, which may include tests of fitness,
in accordance with standards and guidelines set by the Commission.
Promotion Boards may be organized subject to criteria drawn by the
Commission.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 8, section 59(3)
SECTION 59. Nepotism.-
(3) In order to give immediate effect to these provisions, cases of previous
appointments which are in contravention hereof shall be corrected by
transfer, and pending such transfer, no promotion or salary increase shall be
allowed in favor of the relative or relatives who were appointed in violation
of these provisions.
2017 Omnibus Rules on Appointments and Other Human Resource Actions,
Rule IV, Section 11(b)
Section 11 (b). Promotion — the advancement of a career employee from one
position to another with an increase in duties and responsibilities as
authorized by law, and usually accompanied by an increase in salary.
Promotion may be from one department or agency to another or from one
organizational unit to another within the same department or agency.
Provided, however, that any upward movement from the non-career service
to the career service and vice versa shall not be considered as a promotion
but as reappointment.
An employee who is promoted to another agency shall notify the head of the
department or agency in writing where he/ she is employed within 30 days
prior to his/her assumption to the position. It is understood that the
employee who is promoted to another agency is cleared from all money,
property and work-related accountabilities.
The pendency of an administrative case against any employee shall not be a
bar to promotion.
An employee who has been found guilty of an administrative offense and
imposed the penalty of demotion, suspension or fine shall be disqualified for
promotion for the same period of suspension or fine. In the case of demotion,
the period of disqualification for promotion shall be within one (1) year.
Special promotions based on awards and/or acts of conspicuous courage and
gallantry as provided under special laws… shall be exempt from qualification
requirements but subject to specific validation requirements as provided
under the above-said special laws or their implementing rules and
regulations.
 b. Next-in-Rank “Rule”
Españ ol v. Civil Service Commission, G.R. No. 85479, March 3,
1992. (For discussion, not recitation), supra.
Class Discussion: The person with the better qualifications should be chosen. The
most the next in rank gets is consideration.
c. Automatic Reversion Rule
Divinagracia v. Sto. Tomas, G.R. No. 110954 May 31, 1995.
CASE SUMMARY: Mancita held a position of MDC which was then renamed
MPDC. She was relieved of this position and Nacario, the budget officer, took
over. During the interim, Mancita was able to have herself reinstated as MPDC
and Nacario had to be bumped down to Budget Officer. Now the problem was,
where do we put San Luis?
The Court held that San Luis has to go out and Nacario be reinstated in the
position of Budget Officer. First, they disagreed with respondents that the
provision on automatic reversion applies. It doesn’t because there was no
promotion involved — only a transfer. However, granted that there was a
transfer, it was done without Nacario’s consent, rendering the transfer INVALID.
The invalidity of the transfer became manifest when the previous Mayor
appointed Nacario to a position that was not even vacant. Also, as much as she
wants to contest the transfer, she was simply complying with the Mayor’s
orders so she isn’t to blame. Finally, San Luis’ appointment was conditional in
that the condition was that everything is in order. It was not so San Luis cannot
hold onto the position.
DOCTRINE: Sec. 13 of the Omnibus Rules Implementing Book V of E.O. 292
DOES NOT APPLY. (this was actually the respondents’ argument even if they
won)
In reading the provision, the Court has laid down the requisites when the
provisions apply. There are three:
1) There must be a series of promotions.
2) Appointments are simultaneously submitted to the CSC for approval
3) CSC disapproves of the appointment
Class Discussion: No automatic reversion in the case. There was lateral transfer,
and submissions were not simultaneous.
Arimao v. Taher, G.R. No. 152651, August 7, 2006. (Note: Arimao
may be discussed together with Divinagracia)
Class Discussion: Automatic reversion:
Vacancy-> Person gets a promotion for that, so it renders the old position vacant->
someone else gets promoted to that position-> renders his old position vacant ETC
ETC.
Automatic reversion applied. Arimao was dropped from the roles so became
unqualified due to the protest. Could not be promoted so was restored to her
original position. Court cited the provision:
“Section 13, Rule 6 of the Omnibus Rules Implementing Book V, E.O. 292, provides:
All appointments involved in a chain of promotions must be submitted
simultaneously for approval by the Commission. The disapproval of the
appointment of a person proposed to a higher position invalidates the promotion
of those in lower positions and automatically restores them to their former
positions. However, the affected persons are entitled to the payment of salaries for
services actually rendered at a rate fixed in their promotional appointments.”
Explained: As a chain reaction of the disapproval of petitioner’s promotional
appointment as Director II, respondent’s appointment to Education Supervisor II
was likewise invalidated. The efficacy of respondent’s appointment was dependent
on the validity of petitioner’s promotional appointment which in turn was subject
to the outcome of the protest against it.
Basically because of Arimao’s disapproved promotion, all of subsequent
promotions that adjusted should also be considered disapproved, including
Taher’s. SO they reverted.
Taher rendered only a de facto officer, still entitled to salary.
3. Transfer
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26(3)
Section 26. Personnel Actions
(3) Transfer.—A transfer is a movement from one position to another which
 is of equivalent rank, level, or salary without break in service involving the
issuance of an appointment.
It shall not be considered disciplinary when made in the interest of public
service, in which case, the employee concerned shall be informed of the
reasons therefor. If the employee believes that there is no justification for the
transfer, he may appeal his case to the Commission.
The transfer may be from one department or agency to another or from one
organizational unit to another in the same department or agency: Provided,
however, That any movement from the non-career service to the career
service shall not be considered a transfer.
Class Discussion: Career to non-career is NOT transfer. Can be one agency to
another. As long as same rank, level, salary.
Latter portion or provision: If not acted upon: deemed granted in 30 days. If failed
to transfer, deemed resigned.
Lacson v. Romero, G.R. No. L-3081, October 14, 1949., supra
Class Discussion: No consent or application, no transfer. Should be reverted to
previous position.
2017 Omnibus Rules, Rule IV, Section 11(c)
c. Transfer— The movement of employee from one position to another which
is of equivalent rank, level, or salary without gap in the service involving the
issuance of an appointment.
The transfer may be from one organizational unit to another in the same
department or agency or from one department or agency to another:
Provided, however, that any movement from the non-career service to the
career service and vice versa shall not be considered as a transfer but
reappointment.
An employee who seeks transfer to another office shall notify the head of the
department or agency in writing where he/she is employed within 30 days
prior to the effective date of his/her …
4. Reemployment
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26(5) 2017
(5) Reemployment.—Names of persons who have been appointed
permanently to positions in the career service and who have been separated
as a result of reduction in force or reorganization, shall be entered in a list
from which selection for reemployment shall be made.
Omnibus Rules, Rule IV, Section 11(d)
5. Reappointment
2017 Omnibus Rules, Rule IV, Section 11(e)
(e) Reappointment – the issuance of an appointment as a result of
reorganization, devolution, salary standardization, re-nationalization,
recategorization, rationalization or similar events, including the following:
1. The issuance of appointment from temporary to permanent, career to non-
career or vice versa, non-career to another non-career, all of which entails no
gap in the service, shall be considered as reappointment. Non-career
employees who are appointed for the first time in the career service under
permanent status shall be required to undergo probationary period for six
(6) months.
2. The renewal of temporary, contractual and casual appointment upon the
expiration of the appointment or subsequent appointment of substitute
teachers, which entails no gap in the service, shall be considered as
reappointment. A temporary appointment may be renewed if there is no
qualified eligible actually available who is willing to accept the appointment,
as certified by the highest official in charge of human resource management
and provided that the performance rating of the employee is at least
Satisfactory.
3. Personal or coterminous staff of elective officials, who shall continue to
serve in a coterminous capacity upon reelection of the said elective officials,
shall also be issued new appointments, The nature of appointment shall be
reappointment.
In the same manner personal or coterminous staff of officials whose term of
office ended and are subsequently absorbed or rehired by the succeeding
 official without gap in their service shall be issued new appointments, the In cases where the demotion is voluntary or at the instance of the employee,
nature of which is reappointment. he/she shall be allowed to receive the same step of the salary grade of the
position where he/she voluntarily sought to be appointed. A written consent
Reappointment presupposes no gap in the service. shall be secured from the demoted employee.

Class Discussion: Reemployment there is gap in employment. Reappointment, Illustrative Example:

there is no gap
6. Reinstatement (to comparable position)
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26 (4)
8. Reclassification
(4) Reinstatement.—Any person who has been permanently appointed to a
position in the career service and who has, through no delinquency or
misconduct, been separated therefrom, may be reinstated to a position in the
same level for which he is qualified.
2017 Omnibus Rules, Rule IV, Section 11(f), 1st para.
(f) Reinstatement (to comparable position) – the restoration of a person, as a
result of a decision, to a career position from which he/she has, through no
delinquency or misconduct, been separated but subject position is already
abolished, requiring the issuance of an appointment to a comparable position
to the separated employee.
Class Discussion: Need an issuance of an appointment for reinstatement to a
COMPARABLE position, different from the exact same position.
7. Demotion
2017 Omnibus Rules, Rule IV, Section 11(g)
(g) Demotion – the movement of an employee from a higher position to a
lower position where he/she qualifies, if a lower position is available. The
demotion entails reduction in duties, responsibilities, status or rank, which
may or may not involve a reduction in salary.
Demotion from Administrative Officer III (SG 12, Step 2) to Administrative
Officer II (SG 11, Step 2), an appointment shall be issued to the demoted
employee.
2017 Omnibus Rules, Rule IV, Section 11(h)
Reclassification – a form of staffing modification and/or position
classification action which is applied only when there is a substantial change
in the regular duties and responsibilities of the position. This may result in a
change in any or all of the position attributes: position title, level and/or
salary grade. It generally involves a change in the position title and may be
accompanied by an upward or downward change in salary. Reclassification is
the generic term for changes in staff/position classification which includes
upgrading, downgrading, and recategorization.
Reclassification of position requires the issuance of an appointment but the
same is ministerial on the part of the appointing officer/authority.
The appointment of an incumbent (permanent employee) whose position
was reclassified shall be approved/validated, regardless of whether he/she
meets the qualification requirements of the position involved, The incumbent
of the reclassified position has a vested right to the reclassified position but
he/she shall not be promoted unless he/she meets the qualification
requirements of the next higher position.
In LGUs no reclassification shall be allowed except when the position in
actually vacant.

Class Discussion:
In cases where the demotion is due to reorganization or rationalization, the
OP DENR
employee shall be allowed to continue to receive the salary of the higher
NSC, CDA MGB, EMB
position,
Atty I in CDA to Atty I MGB (TRASNFER)
Atty I NSC to Atty I CDA (REASSIGNMENT)
Atty I of MGB ‘borrowed’ by NSC for a particular time (DETAIL)
C. Other Personnel Actions
1. Generally
2017 Omnibus Rules, Rule IV, Section 12
Adjustments or movements of human resource without need of issuance of
an appointment – Adjustments or movements of human resource which do
not involve changes in position title, rank or status shall not require the
issuance of an appointment. A notice of such change or movement shall be
issued to the employee. A copy thereof shall be kept in the employee’s 201
File and another copy shall be submitted to the CSFO concerned for record
purposes.
The adjustments or movements of human resource shall include the
following:
a. Change in item number – the adjustment or shifting of item number of a
position per agency Plantilla of Personnel.
b. Salary adjustment – the change in salary as a result of increase in pay levels
or upgrading of position s which does not involve a change in qualification
requirements.
c. Step increment – the increase in salary from step to step within the salary
grade allocation of the official or employee’s position in recognition of
meritorious performance based on a Performance Management System
approved by the CSC and/or through length of service. A Notice of Step
Increment (NOSI) is issued by the heads of agencies for this purpose.
d. Reinstatement (to the same position/item) – the restoration, as a result of
a decision, of a person to a career position from which he/she has, through no
delinquency or misconduct, been separated therefrom. The employee has a
vested right to his/her former item, hence, he/she is deemed not to have left
the service and therefore has no gap in the service, He/she shall be entitled to
payment of back salaries including allowances and all benefits which would
have accrued if he/she has not been separated. A copy of the decision shall be
furnished the CSCRO/CSCFO concerned for record purposes.
The appointment of the employee hired to fill the position of an employee
with pending appeal of his/her dismissal or separation from the service shall
bear a colatilla that his/her appointment is subject to the outcome of the
case.
e. Demotion as a result of a disciplinary action – the adjustment of the salary
grade of an employee to the first step of the next lower salary grade as a
result of a disciplinary action. A notice of salary adjustment shall be issued.
Illustrative Example:
A Notice of Salary Adjustment shall be issued to the demoted employee
adjusting his/her salary from Administrative Officer II (SG 11, Step 2) to SG 10,
Step 1.
f. Positions marked as coterminous with incumbent (CTI) as a result of
rationalization or reorganization of the agency – A person issued with a
permanent appointment whose position is marked as CTI (coterminous with
the incumbent) as a result of rationalization or reorganization of his/her
agency shall retain his/her permanent status until he/she is
appointed/promoted to another position, or resigns or retires from the
service. The CTI status of the position shall be reflected in the Plantilla of
Personnel of the agency.
In case of promotion or separation from the service through retirement,
resignation, transfer, death of the incumbent, the position marked as CTI
shall automatically be abolished.
2. Reinstatement (to same position)
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26 (4)
(4) Reinstatement.—Any person who has been permanently appointed to a
position in the career service and who has, through no delinquency or
misconduct, been separated therefrom, may be reinstated to a position in the
same level for which he is qualified.
Garcia v. Chairman, Commission on Audit, G.R. No. 75025
September 14, 1993.
Difference of the reinstatement to comparable position (abolished position) versus
the clemency (returned to ‘rightful position’)
 D. Other Personnel Actions Requiring Office Order
1. Reassignment
a. In General
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26(7) Exec.
Ord. No. 292, Book V, Title I, Subtitle A, Chapter 8, section 58
(7) Reassignment. — An employee may be reassigned from one
organizational unit to another in the same agency: Provided, That such
reassignment shall not involve a reduction in rank, status or salary.
SEC. 58. Prohibition on Detail or Reassignment. — No detail or reassignment
whatever shall be made within three (3) months before any election.
2017 Omnibus Rules, Rule IV, Section 13(a)(1-2, 4-5)
a. Reassignment – movement of an employee across the organizational
structure within the same department or agency, which does not involve a
reduction in rank, status, or salary.
Reassignment shall be governed by the following:
1. Reassignment of employees with station-specific place of work indicated in
their respective appointments within the geographical location of the agency
shall be allowed only for a maximum period of one (1) year. The restoration
or return to the original post/assignment shall be automatic without the need
of any order of restoration/revocation of the order of reassignment.
An appointment is considered station-specific when: (a) the particular office
or station where the position is located is specifically indicated on the face of
the appointment paper; or (b) the position title already specifies the station,
such as Human Resource Management Officer, Accountant, Budget Officer,
Assessor, Social Welfare and Development Officer, and such other positions
with organizational unit/station-specific function. Such position titles are
considered station-specific even if the place of assignment is not indicated on
the face of the appointment.
2. If an appointment is not station-specific, the one-year maximum period of
reassignment within the geographical location of the agency shall not apply.
However, the employee concerned may request for a recall of the
reassignment citing his/her reasons why he/she wants to go back to his/her
original station. The reassignment may also be revoked or recalled by the
appointing officer/authority or be declared not valid by the Civil Service
Commission or a competent court, on appeal.
4. The employee may appeal the reassignment order within 15 days upon
receipt thereof to the Commission or CSCRO with jurisdiction, as provided
under specific law, if he/she believes there is no justification for the
reassignment. Pending appeal, the reassignment shall not be executory. The
Decision of the CSCRO may be further appealed to the Commission within 15
days from receipt thereof.
5. Reassignment of public health workers, public social workers, public
school teachers and all other professions covered by special laws shall be
governed by their respective laws. However, the rules herein mentioned shall
be applied suppletorily.
Class Discussion: Station specific office (1 year max) diff from non-station specific
(no 1 year max)
b. Regularity of Reassignment
2017 Omnibus Rules, Rule IV, Section 13(a)(3)
3. Reassignment is presumed to be regular and made in the interest or
exigency of public service unless proven otherwise or if it constitutes
constructive dismissal. Constructive dismissal exists when an official or
employee quits his/her work because of the agency head’s unreasonable,
humiliating, or demeaning actuations, which render continued work
impossible because of geographic location, financial dislocation and
performance of other duties and responsibilities inconsistent with those
attached to the position. Hence, the employee is deemed illegally dismissed.
This may occur although there is no diminution or reduction in rank, status
or salary of the employee.
Reassignment that constitutes constructive dismissal may be any of the
following:
i. Reassignment of an employee to perform duties and responsibilities
inconsistent with the duties and responsibilities of his/her position such as
from a position of dignity to a more servile or menial job;
ii. Reassignment to an office not in the existing organizational structure;
 iii. Reassignment to an existing office but the employee is not given any
definite set of duties and responsibilities;
iv. Reassignment that will cause significant financial dislocation or will cause
difficulty or hardship on the part of the employee because of geographic
location; or
v. Reassignment that is done indiscriminately or whimsically because the law
is not intended as a convenient shield for the appointing/disciplining officer
to harass or oppress a subordinate on the pretext of advancing and
promoting public interest such as reassignment of employees twice within a
year, or reassignment of career service officials and employees with valid
appointments during change of administration of elective and appointive
officials.
Reassignment that results in constructive dismissal must be sufficiently
established.
Vinzons-Chato v. Natividad, G.R. No. 113843 June 2, 1995.
CASE SUMMARY: The CIR issued RTAO 8093, directing 90 revenue district
officers to report to new assignments in the redesignated and renumbered
RDOs nationwide. Among those affected by the reassignment was private
respondent Blas, who was ordered to report to Revenue District No. 14 in
Tuguegarao, Cagayan. Petitioner Alcantara was ordered to report to Blas’
former post in San Fernando, Pampanga. Blas filed with the RTC a complaint for
“Injunction with Preliminary Injunction and Temporary Restraining Order”
against the CIR and petitioner Alcantara. He claimed that the transfer without
his consent from the revenue district in San Fernando, which was formerly
designated as a Class “A,” to the revenue district in Tuguegarao, which was
classified as a Class “C,” with a smaller pool of personnel and only ¼ of the
revenue capacity of Pampanga, would cause his “dislocation” and demotion or
“a diminution in rank, status, and span of duties and responsibilities.” The TC
issued a TRO and granted the WPI. The SC annulled the said Order. SC ruled that
Blas’ transfer to the Tuguegarao revenue district did not really entail any
diminution in rank, salary, status and responsibilities. Blas’ claim that the
Tuguegarao revenue district is smaller than that in San Fernando has no basis
because all RDOs are now considered to be of the same class. He failed to show
patent illegality in the action of the CIR constituting violation of his right to
security of tenure. To sustain his contention that his transfer constitutes a
demotion simply because the new assignment is not to his liking would be to
subordinate government projects, along with the great resources and efforts
they entail, to the individual preferences and opinions of civil service
employees. Such contention would negate the principle that a public office is a
public trust and that it is not the private preserve of any person.
DOCTRINE: There is a demotion when there is a diminution in rank, status and
span of duties and responsibilities.
Class Discussion: Petitioner claimed not valid reassignment but like a demotion
leading to a constructive dismissal.
Reassignment is not allowed specific to EO 292- within 3 months from next
election
RULES SUMMARIZED ON REASSIGNMENT:
1) Station specific, 1 year rule
2) Must be for interest/ exigency of public service, not constructive dismissal
3) Not within 3 months from the next election
2. Detail
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 26(6)
(6) Detail. — A detail is the movement of an employee from one agency to
another without the issuance of an appointment and shall be allowed, only
for a limited period in the case of employees occupying professional,
technical and scientific positions. If the employee believes that there is no
justification for the detail, he may appeal his case to the Commission. Pending
appeal, the decision to detail the employee shall be executory unless
otherwise ordered by the Commission.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 8, section 58
SEC. 58. Prohibition on Detail or Reassignment. — No detail or reassignment
whatever shall be made within three (3) months before any election.
2017 Omnibus Rules, Rule IV, Section 13(b)(1-4,10)(5-9 optional)
b. Detail – temporary movement of an employee from one department or
agency to another which does not involve a reduction in rank, status or
salary.
Detail shall be governed by the following rules:
 1. The detailed employee shall receive his/her salary only from his/her
parent department/agency.
2. Detail without consent shall be allowed only for a period of one (1) year.
3. Detail with consent shall be allowed for a maximum of three (3) years. The
extension or renewal of the detail shall be discretionary on the part of the
parent agency.
4. Detail from one dept/ agency to another shall be covered by an agreement
manifesting the arrangement between the agency heads that it shall not
result in reduction in rank, status, or salary of the employee, the duration of
the detail, duties to be assigned to the employee and responsibilities of the
parent agency and receiving agency.
5. The employee may appeal the detail order within 15 days upon receipt to
the commission or CSCRO with jurisdiction if he/she believes there is no
justification for the detail. Pending appeal, the detail order shall be executory
unless otherwise ordered by the Commission within 15 days from receipt.
3. Designation
Constitution (1987), art. IX-B, section 6-7
Section 6. 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.
Section 7. No elective official shall be eligible for appointment or designation
in any capacity to any public office or position during his tenure.
Constitution (1987), article XVI, section 5(4)
Art. XVI. Sec 5. 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.
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 7, section 54
SEC. 54. Limitation on Appointment. — (1) No elective official shall be eligible
for appointment or designation in any capacity to any public office or
position during his tenure.
(2) No candidate who has lost in any election shall, within one year after
election, be appointed to any office in the Government or any government-
owned or controlled corporations or in any of its subsidiaries.
(3) 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.
2017 Omnibus Rules, Rule IV, Section 13(c)(up to 1-4 required) (5-8
Optional)
c. Designation- movement that involves an imposition of additional and/or
higher duties to be performed by a public official/ employee which is
temporary and can be terminated anytime at the pleasure of the appointing
officer/authority. Designation may involve the performance of duties of
another position on a concurrent capacity or on full-time basis.
A designation in an acting capacity entails not only the exercise of ministerial
functions attached the position but also the exercise of discretion since the
person designated is deemed to be the incumbent of the position.
Officials designated as Officer-in-Charge (OIC) enjoy limited powers which
are confined to functions of administration and ensuring that the office
continues its usual activities. The OIC may not be deemed to possess the
power to appoint employees as the same involves the exercise of discretion
which is beyond the power of an OIC, unless the designation order issues by
the proper appointing officer/authority expressly includes the power to issue
appointment.
Designation shall be governed by the following rules:
1. Employees to be designated should hold permanent appointments to
career positions
2. Designees can only be designated to positions within the level they are
currently occupying. Employees holding first level positions cannot be
designated to perform the duties of second level positions except in
meritorious cases as determined by the CSC Regional Office upon request for
exemption by the agency concerned, such as organizational set-up, calamity,
 and the due exigency of the service. This exception shall not apply to
positions involving supervisory and executive managerial functions. Division
Chiefs may be designated to perform the duties of second level executive/
managerial or third level positions.
3. For positions with incumbents who temporarily cannot perform the duties
of the position (due to vacation or sick leave, study leave, scholarship,
maternity leave, special assignments), the designation should be
synchronized with the absence of the incumbent unless earlier revoked or
recalled by the appointing officer/authority. However, the designation of
employees may be renewed every year in the exigency of the service but not
to exceed 2 years.
Executive Order No. 292 (1987), Book IV, Chapter 6, Section 32-33
SECTION 32. Acting Head of Bureau or Office.—In case of the absence or
disability of the head of a bureau or office, his duties shall be performed by
the assistant head. When there are two or more assistant heads, the Secretary
shall make the designation. In the absence of an assistant head, the Secretary
may designate any officer or employee of the bureau or office as acting head
without additional compensation.
SECTION 33. Performance of Duties of Subordinate Officers Temporarily
Absent.—In case of the temporary absence or disability of any subordinate
officer or employee in any bureau or office, its head may, subject to existing
laws, rules and regulations, designate any other subordinate officer or
employee within the organization to perform temporarily the duties of the
absent or disabled person
Class Discussion: Know difference between TRANSFER, ASSIGNMENT, DETAIL.
Know also which requires a new appointment, or no need appointment but needs
an order.
-When officer cannot perform function? Sec 32 and 33. 33  2017 Omnibus rules
on OIC. OIC powers—ONLY ADMINISTRATIVE & for office
VII. Separation from the Service
A. Voluntary Separation from Service
1. Resignation
2017 Omnibus Rules on Appointments and Other Human Resource Actions,
Rule X, Section 104
Sec. 104 Resignation- Resignation is an act of an official or employee by
which he/she voluntarily relinquishes in writing his/her position effective on
a specific date which shall not be less than 30 days from the date of such
notice or earlier as mutually agreed upon by the employee and the
appointing officer/authority. To constitute a complete and operative
resignation of an official or employee, there must be a written intention to
relinquish the office, the acceptance by the appointing officer/authority and a
written notice of such acceptance duly served to the official or employee
concerned.
Resignation shall be governed by the following rules:
1. An official or employee is deemed to have tendered his resignation upon
receipt by the appointing officer/ authority of the former’s written
resignation.
2. Pending receipt by the official or employee of the action taken by the
appointing officer/authority on the resignation, the official or employee shall
remain in office and retain all the powers, duties and responsibilities
appurtenant thereto.
3. The appointing officer/authority shall act on the notice of resignation
within 30 dys from receipt thereof. In case the resignation of the official or
employee remain unacted upon for 30 days from receipt of the formal letter
of resignation by the appointing officer/ authority, it shall be deemed
complete and operative on the specified date of effectivity or 30 days from
submission thereof, in cases where the effectivity date is not specified. It is
understood however that the required clearance from money, property and
work-related accountabilities shall be secured by the official or employee
before or immediately after the date of effectivity of resignation.
4. IN the interest of service however the appointing officer/authority may set
a date of effectivity of the resignation but in no case shall be earlier than the
date specified in the letter of resignation or 30 days from submission thereof.
(here on in, paraphrased…)
5. The acceptance of resignation is mandatory. The appointing
officer/authority may suspend the effectivity rate of resignation. Despite its
initial written noticed of acceptance due to any of the following reasons:
a. war or national or local emergency.
b. Prevent loss of life or property due to disaster/calamity

A resignation previously suspended shall be effective 30 days after the cause
ceases as certified by the appropriate authority or the appointing
officer/authority.
6. If last day to furnish copy of action on the resignation falls on holiday, give
the day after
7. Tender may be withdrawn by employee, prior to receipt of notice of
acceptance of resignation or before the 30 days given to act on it, whichever
comes first
8. Tender revocable until accepted. When deemed complete, withdrawal shall
not automatically restore the employee to former position.
9. Documents submit to CSC Field Office within 30 days from date of
effectivity:
a. voluntary written notice
b. acceptance in writing by the agency/appointing officer w/c indicate the
date of effectivity
c. proof of notice of the acceptance of resignation to the employee
10. An official under investigation may be allowed to resign pending decision
of his/ her case without prejudice to the continuation of the proceeding until
terminated
x: those prohibited by law
Republic of the Philippines v. Singun, G.R. No. 149356, March 14,
2008.
Class Discussion: Only submitted LOA and early retirement, this was not an actual
‘resignation’. Director insisted date of resignation that of the submission of the
letter for early retirement (Nov 12, 1999); Date accepted (Nov 16, 1999); Date
detailed (Jan 17, 2000); Date to take effect (Jan 14, 2000)
Acceptance is MANDATORY. No acceptance, deemed effective after 30 days (2017
rules although not applied in the case).
No resignation in the case. No intention to resign, no notification.
Needs the following [Singun standard]:
1) Intent to relinquish (voluntary written statement?)
2) Submission to the proper office
3) Acceptance and notification of acceptance
Estrada v Desierto, G.R. No. 146710-15, March 2, 2001.
Class Discussion: This is the EXCEPTION to the general rule of how resignation is
effected. Erap uses the constitution—“temporarily unable…” so vice president to
take over. COURT: this is a resignation.
Based on the cases: RULE—although there are standards for resignation, it is not
always applicable because the Court can take into account previous acts and
statements of the government official.
WHEN CAN YOU NOT RESIGN?
Sec 15. RA 3019
1) Pending admin or criminal investigation
2) Prosecution under 3019 or RPC on Bribery
SO… Can u resign during impeachment? Both can be argued. (Impeachment as an
investigation OR need to strictly construe the provision)
But if we follow the specific facts of the case, the prosecutors walked out so the
impeachment case was no longer pending—Erap resignation valid.
Q: When are you “deemed resigned”?
2. Filing of Certificate of Candidacy
a. Appointive Officers
BP 881, sections 66 (1985)
Section 66. Any person holding a public appointive office or position,
including active members of the Armed Forces of the Philippines, and officers
and employees in government-owned or controlled corporations, shall be
considered ipso facto resigned from his office upon the filing of his certificate
of candidacy.
BP 881 (1985), section 39, last para.
Any elective or appointive municipal, city, provincial or national official or
employee, or those in the civil or military service, including those in
government-owned or controlled corporations, shall be considered
automatically resigned upon the filing of certificate of candidacy for a
barangay office.
b. (Non)Applicability to Elective Officers
BP 881, sections 67 (1985)
Section 67. Any elective official, whether national or local, running for any
office other than the one which he is holding in a permanent capacity, except
for President and Vice-President, shall be considered ipso facto resigned from
his office upon the filing of his certificate of candidacy.
BP 881 (1985), section 39, last para.
Any elective or appointive municipal, city, provincial or national official or
employee, or those in the civil or military service, including those in
government-owned or controlled corporations, shall be considered
automatically resigned upon the filing of certificate of candidacy for a
barangay office.
rd st
Rep. Act No. 8436, section 11 (3 para, 1 proviso)
For this purpose, the deadline for the filing of certificate of
candidacy/petition for registration/manifestation to participate in the
election shall not be later than one hundred twenty (120) days before the
elections: Provided, That, any elective official, whether national or local,
running for any office other than the one which he/she is holding in a
permanent capacity, except for president and vice-president, shall be deemed
resigned only upon the start of the campaign period corresponding to the
position for which he/she is running: Provided, further, That, unlawful acts or
omissions applicable to a candidate shall take effect upon the start of the
aforesaid campaign period: Provided, finally, That, for purposes of the May
11, 1998 elections, the deadline for filing of the certificate of candidacy for
the positions of President, Vice President, Senators and candidates under the
Party-List System as well as petitions for registration and/or manifestation to
participate in the Party-List System shall be on February 9, 1998 while the
deadline for the filing of certificate of candidacy for other positions shall be
on March 27, 1998.
Rep. Act No. 9006, section 14.
Section 14. Section 67 and 85 of the Omnibus Election Code (Batas Pambansa
Bldg. 881) and Sections 10 and 11 of Republic Act No. 6646 are hereby
repealed. As a consequence, the first proviso in the third paragraph of Section
11 of Republic Act No. 8436 is rendered ineffective. All laws, presidential
decrees, executive orders, rules and regulations, or any part thereof
inconsistent with the provisions of this Act are hereby repealed or modified
or amended accordingly.
Class Discussion: RA 9006 repealed/ changed the Omnibus Election Code & RA
8436 rule on automatic resignation. (Elective) THEY ARE NO LONGER
CONSIDERED RESIGNED.
[(For Appointive) there is a retroactive effect as effective resignation from the
start of the date of filing, RA 9369] this is new and unsure HAHA.
3. Abandonment
Adiong v. CA, G.R. No. 136480, December 4, 2001.
Class Discussion: No appointment papers but no proof that she received the notice.
Even if she did, it would not have been commensurate to terminate her for that.
There was no intent, NO ABANDONMENT. The Mayor told her to leave.
Canonizado v. Aguirre, G.R. No. 133132. February 15, 2001.
DOCTRINE: Abandonment of an office is the voluntary relinquishment of an
office by the holder, with the intention of terminating his possession and control
thereof.
- In order to constitute abandonment of office, it must be total and
under such circumstances as clearly to indicate an absolute
relinquishment.
- There must be a complete abandonment of duties of such
continuance that the law will infer a relinquishment.
- Abandonment of duties is a voluntary act; it springs from and is
accompanied by deliberation and freedom of choice.
 Two essential elements of abandonment: first, an intention to abandon
and second, an overt or external act by which the intention is carried into
effect.
 Generally speaking, a person holding a public office may abandon such
office by nonuser or acquiescence.
- Non-user refers to a neglect to use a right or privilege or to exercise an
office. However, nonperformance of the duties of an office does not
constitute abandonment where such nonperformance results from
temporary disability or from involuntary failure to perform.
 - Abandonment may also result from an acquiescence by the officer in
his wrongful removal or discharge, for instance, after a summary
removal, an unreasonable delay by an officer illegally removed in taking
steps to vindicate his rights may constitute an abandonment of the
office. Where, while desiring and intending to hold the office, and with
no willful desire or intention to abandon it, the public officer vacates it
in deference to the requirements of a statute which is afterwards
declared unconstitutional, such a surrender will not be deemed an
abandonment and the officer may recover the office.
Class Discussion: No intent, no overt act also.
2 REQUIREMENTS FOR ABANDONMENT:
1) Intent
2) Overt act—non-performance of job
Civil Service Commission v. Yu, G.R. NO. 189041, July 31, 2012 (En
Banc)
Class Discussion: It was the Governor who refused to accept Dr. Castillo, which is
why she had to get another position leading to non-performance of her functions.
She was ‘forced’ to leave so as not to infuriate further the Governor. NO
ABANDONMENT.
4. Acceptance of Incompatible Office
Summers v. Ozaeta, G.R. No. L-1534, October 25, 1948.
Canonizado v. Aguirre, G.R. No. 133132. February 15, 2001.
Class Discussion: W/N NAPOCOLM and Commissioner General of PNP (?) are
incompatible. Technically yes (express provision that the task of deliberating
cannot be taken simultaneously with the supervising power), but Canonizado did
not discharge functions simultaneously so there is no incompatibility. Either way
the provisions in RA 855 are unconstitutional, so he had to leave his position as
commissioner.
Important elements in this case:
1) Did not hold both positions at the same time.
2) He did not voluntarily take the second position, but he needed to take it because
he was removed via involuntary means.
As opposed to Summers where he accepted the latter provision.
Public Interest Law Center Inc. v. Elma, G.R. No. 138965, June 30,
2006.
Class Discussion: ON STANDARD FOR DETERMINING INCOMPATIBILITY.
In CAB: PCGG Chair & Chief Presidential Legal Counsel? Test on incompatibility—
w/n one is subordinate to/ subject to the authority of the other, so one can
interfere with another.
How is this diff to the standard used in Summers? NO STANDARD IN SUMMERS
In Canonizado? THE PROHIBITION WAS IN THE LAW ITSELF.
2 STANDARDS:
1) If functions provide by law make it incompatible
2) The standard in Elma
If incompatible, resign from old position.
5. Early Retirement and Voluntary Separation
Pres. Dec. No. 1146 as amended by Rep. Act No. 8291 (1997), section 13-A
SEC. 13. Retirement Benefits. - (a) Retirement benefits shall be:
"(1) the lump sum payment as defined in this Act payable at the time of
retirement plus an old-age pension benefit equal to the basic monthly
pension payable monthly for life, starting upon expiration of the five-year (5)
guaranteed period covered by the lump sum; or
"(2) cash payment equivalent to eighteen (18) months of his basic monthly
pension plus monthly pension for life payable immediately with no five-year
(5) guarantee.
Class Discussion: There is compulsory retirement (65 yo) and voluntary retirement
(60 yo, 15 years service)
(Double check legal basis for this)
Recommended reading: Public-Private Partnership Governing
Board, Resolution No. 2016-06-04, June 21, 2016, §8.2-8.3
8.2 For all affected personnel: Avail of retirement or separation benefits
8.2.1. Affected personnel who opt to retire or be voluntarily separated from the
service, and avail themselves of the benefits mentioned in this sub-section.
8.2.2. Affected personnel who opt to retire or be voluntarily separated shall be
entitled to receive the retirement or separation benefits consistent with all
existing applicable laws. An incentive plan, over and above the applicant
retirement or separation benefits provided in existing applicable laws, may also
be provided for in the PPP contract, the costs of which will be shouldered by the
Project Proponent.
8.2.3. Subsequent re-entry in government service of Affected Personnel who
opted to retire or be voluntarily separated under this sub-section shall be
considered as new entry in the service.
8.3. For all Affected Personnel: Transfer of employment to the Project
Proponent
8.3.1. Affected Personnel who opt to transfer to the Project Proponent shall be
deemed separated from government service.
8.3.2. The Project Proponent shall:
a. Hire Affected Personnel for at least six (6) months under
probationary status or as regular employee, at the option of the Project
Proponent; provided, that Affected Personnel hired as probationary
employees shall attain regular status at the end of such probationary
period and upon compliance with agreed employment standards;
b. Provide Affected Personnel renumeration no less than their basic
salary and allowances (ie: Personal Economic Relief Allowance) at the
time of transfer; and
c. Fulfill its legal obligations under RA 7699 (Social Security Portability
Law)
6. Estoppel
Civil Service Commission v. Moralde, G.R. No. 211077, August 15,
2018.
CASE SUMMARY: Moralde was a Dental Aide in the Province’s Provincial Health
Office was charged for falsifying his DTR. He went to the GSIS and applied for
retirement while the admin case was pending. The admin case was dismissed
because he had “retired,” and then he was later reinstatement but it was
discovered that he had retired earlier.
DOCTRINE: Public officers and employees who actively petition for retirement
or separation benefits willfully affirm their separation from service. They are
bound by their own voluntary departure. Absent any indication that their choice
was vitiated by confounding predicaments, like desperate financial need, they
cannot renege on their self-imposed state, and later importune the government
to reinstate them to the position they readily relinquished and to pay them
backwages in the intervening period. This is especially so when the voluntary
severance of their employer-employee relationship with the government was
done as part of an attempt to forestall a finding of administrative liability and to
evade a dishonorable removal from service. To rule otherwise condones a
preposterous predicament rendered unworkable by their own abdication,
rewards their desertion and duplicity, and exposes an adjudicatory body's
inability to come to terms with the reality foisted by the fact of willful
separation from service.
Class Discussion:
-Charged
-During case, filed early retirement
-While pending appealed to CSC
-Retirement granted
-Reinstated after 10 years by CA
Elements of Estoppel:
1) Conduct amounting to false representation or concealment of material facts
2) Intent/ expectation that this conduct shall be acted upon by an influence, the
other party
3) Knowledge of the real facts
It seems there was no intention to leave, but the SC said that there were actions
that were incompatible with the desire to go back. (i.e. asking for retirement
benefits). The case falls within the requisites.
B. Involuntary Separation
1. Abolition of Public Office
Mendoza v. Quisumbing, G.R. No. 78053, June 4, 1990.
Class Discussion:
On abolition of office: INVALID.
Its as if they only split the offices.
 National Land Titles and Deeds Registration Administration v. Civil
Service Commission, G.R. No. 84301. April 7, 1993.
CASE SUMMARY: Garcia was a grad of Bachelor of Laws and was appointed
Deputy Register of Deeds VII under permanent status. Was later reclassified to
Dep Reg of Deeds III (permanent) and then Dep Reg II (temporary, for not being
a member of the Bar). Later, was terminated on the ground of receiving bribe
money. Upon appeal, CSC directed that Garcia be restored to position as Deputy
Register of Deeds II, under the vested right authority.
DOCTRINE: NALDTRA: LRC was abolished by EO 649, and therefore cannot be
reinstated to DPII because she failed to meet the qualifications.
EO 649 clearly abolished the LRC into the National Land Titles and Deeds
Registration Administration.
Abolition of a position does not mean removal for the reason that removal
implies that the post subsists and that the person is just separated therefrom.
Abolition if done 1) by a legitimate body 2) in good faith suffers from no
infirmity.
Dario: Good faith if the newly created office has substantially new, different, or
additional functions, duties or powers, so that it may be said in fact to create an
office different from the one abolished, even though it embraces all or some.
CAB: Because the goal was to develop the LRC and make it develop to the
existing times, they added new qualification.
Class Discussion:
1) There must be authority to abolish
2) Must be done in good faith
New office must be doing substantially new/ different functions.
Look at intent to abolish, in the case it was clear. There is not vested right to the
office after the abolition.
2. Reorganization
ADMIN CODE
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 5, section 29
SECTION 29. Reduction in Force.—Whenever it becomes necessary
because of lack of work or funds or due to a change in the scope or nature of
an agency’s program, or as a result of reorganization, to reduce the staff of
any department or agency, those in the same group or class of positions in
one or more agencies within the particular department or agency wherein
the reduction is to be effected, shall be reasonably compared in terms of
relative fitness, efficiency and length of service, and those found to be least
qualified for the remaining positions shall be laid off.
Const. (1987), article VIII, Section 2, 2nd para.
Art. VII. Section 2. The Congress shall have the power to define, prescribe,
and apportion the jurisdiction of the various courts but may not deprive the
Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof.
No law shall be passed reorganizing the Judiciary when it undermines the
security of tenure of its Members.
AN ACT TO PROTECT THE SECURITY OF TENURE OF CIVIL SERVICE
OFFICERS AND EMPLOYEES IN THE IMPLEMENTATION OF GOVERNMENT
REORGANIZATION
Rep. Act No. 6656, sections 2-5
Section 2. 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.
Section 3. In the separation of personnel pursuant to reorganization, the
following order of removal shall be followed:
(a) Casual employees with less than five (5) years of government service;
(b) Casual employees with five (5) years or more of government service;
(c) Employees holding temporary appointments; and
(d) Employees holding permanent appointments: provided, that those in the
same category as enumerated above, who are least qualified in terms of
performance and merit shall be laid first, length of service notwithstanding.
Section 4. Officers and employees holding permanent appointments shall be
given preference for appointment to the new positions in the approved
staffing pattern comparable to their former position or in case there are not
enough comparable positions, to positions next lower in rank.
No new employees shall be taken in until all permanent officers and
employees have been appointed, including temporary and casual employees
who possess the necessary qualification requirements, among which is the
appropriate civil service eligibility, for permanent appointment to positions
in the approved staffing pattern, in case there are still positions to be filled,
unless such positions are policy-determining, primarily confidential or highly
technical in nature.
Section 5. Officers and employees holding permanent appointments shall be
given preference for appointment in other agencies if they meet the
qualification requirements of the positions therein.
Dario v. Mison, G.R. No. 81954, August 8, 1989.
CASE SUMMARY: When Pres Aquino assumed office, she ordered the
reorganization of the departments/ministries, one of which is the Ministry of
Finance. Commissioner of Customs Mison terminated hundreds of employees,
who, on appeal before the CSC, were ordered to be reinstated. Subsequently, RA
6656 was promulgated, ordering that the employees be reinstated and given the
accrued compensation and benefits. Petitioners want Commissioner Mison to
comply with RA 6656.
The SC clarified that despite the previous constitutions' provisions for
automatic vacancies for a smoother transition to a new constitution, such
provision is absent in the 1987 Constitution. The reorganization under EO 127
(Reorg of Ministry of Finance) did not contemplate a constitutional revamp
(which authorized removals without cause). It was a reorganization, which
obliges the government to prove good faith. If removals were not for cause
(corruption, incompetence, partisan activity, etc.) then it should be caused by
reorganization in good faith.
There was no good faith in the reorganization of the Bureau of Customs because
although he terminated 394 employees, he replaced them with 522 people,
which shows that there was no actual reorganization – no reduction of
personnel or consolidation of offices or abolition of offices by reason of
economy or redundancy of functions. He also did not comply with the
President's directive to stop further layoffs. Commissioner Mison also could not
have validly removed Petitioners Dario and Feria because they were
presidential appointees.
DOCTRINE: The State can carry out reorganizations, provided that they are
done in good faith. They are in good faith if for the purpose of economy or
efficiency. No dismissal or separation actually occurs because the position itself
ceases to exist. There is no good faith if the abolition of the position is done for a
political reason or to defeat the security of tenure, or when there is merely a
change of nomenclature of positions, or where claims of economy are belied by
the existence of ample funds. Good faith is determined from the facts of each
case.
Class Discussion: No automatic vacancy, but recognition of power of the
government to reorganize.
SC made distinction: Transition from 1973 to Freedom Constitution to 1987
Constitution
In Freedom Consti: Positions under 1973 Constitution shall continue in office
unless otherwise provided by law
In 1987: Difference of reorganization (must be done in good faith), and removals
mandated by the constitution
Standards of good faith for example:
1) Legitimate structural changes
2) Should be by reason of economy or redundancy (not just an abolition)
Mendoza v. Quisumbing, G.R. No. 78053, June 4, 1990.
Class Discussion:
On reorganization: Needs to be done in good faith
3. Death or Permanent Disability
Const. (1987), article VII, section 8
Art. VII Section 8. In case of death, permanent disability, removal from
office, or resignation of the President, the Vice-President shall become the
President to serve the unexpired term. In case of death, permanent disability,
removal from office, or resignation of both the President and Vice-President,
the President of the Senate or, in case of his inability, the Speaker of the
House of Representatives, shall then act as President until the President or
Vice- President shall have been elected and qualified.
The Congress shall, by law, provide who shall serve as President in case of
death, permanent disability, or resignation of the Acting President. He shall
serve until the President or the Vice-President shall have been elected and
qualified and be subject to the same restrictions of powers and
disqualifications as the Acting President.
2017 Omnibus Rules on Appointments and Other Human Resource Actions,
Rule X, Section 106
Sec. 106. Other Modes. For other modes of separation such as dropping
from the rolls, termination/expiration of temporary, coterminous,
contractual, or casual appointment, retirement, death, a copy of the order of
dropping from the rolls or notice of separation signed by the appointing
officer/authority stating the date of such separation, or the death certificate
shall be submitted by the HRMO to the CSC Field Office concerned within 30
calendar days from the date of the effectivity of the dropping from the rolls,
date of separation, or death for record purposes.
4. Expiration of Temporary, Coterminous, Contractual, Casual Employment
Civil Service Commission v. Pililla Water District, G.R. No. 190147,
March 5, 2013.
Class Discussion: Removal by just cause, based on lack of trust and confidence.
Used the proximity rule, in relation to the nature of the office.
Person was appointed beyond retirement age, the law only requires that the board
of directors should have standards for removal (ONLY FOR CAUSE). Loss of trust &
confidence is a cause for confidential employees.
5. Compulsory Retirement
Pres. Dec. No. 1146 as amended by Rep. Act No. 8291 (1997), section 13(b)
SEC. 13. Retirement Benefits—
(b) Unless the service is extended by appropriate authorities, retirement
shall be compulsory for an employee of sixty-five (65) years of age with at
least fifteen (15) years of service: Provided, That if he has less than fifteen
(15) years of service, he may be allowed to continue in the service in
accordance with existing civil service rules and regulations.
2017 Omnibus Rules on Appointments and Other Human Resource Actions,
Rule XII, Sec. 128-129.
Sec. 128. Promotion within six (6) months prior to compulsory retirement
shall not be allowed except as otherwise provided by law.
Sec. 129. No person who has reached the compulsory retirement age of 65
years can be appointed to any position in the government, except to a
primarily confidential position. (CONTINUE THIS!!)
Const. (1987), article VIII, section 11.
Art. VIII. Section 11. The Members of the Supreme Court and judges of the
lower court shall hold office during good behavior until they reach the age of
seventy years or become incapacitated to discharge the duties of their office.
The Supreme Court en banc shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of majority of the Members who
actually took part in the deliberations on the issues in the case and voted in
thereon.
Const. (1987), article XVI, section 5(5)
 Section 5. (5) Laws on retirement of military officers shall not allow 1) None
extension of their service. (SC/ Judiciary)
1) 70 years
Pres. Dec. No. 1638, Section 5, as amended by Pres. Dec. No. 1650.
University of the Philippines Board of Regents v. Auditor General,
G.R. No. L-19617, October 31, 1969.
Section 5 (a). Upon attaining fifty-six (56) years of age or upon accumulation
of thirty (30) years of satisfactory active service, whichever is later, an officer
Class Discussion: Only President has power to extend.
or enlisted man shall be compulsorily retired; Provided, That such officer or
Basically, are UP Professors covered by Civil Service and so mandatory retirement
enlisted-man who shall have attained fifty-six (56) years of age with at least
age applies? YES.
twenty (20) years of active service shall be allowed to complete thirty (30)
years of service but not beyond his sixtieth (60th) birthday; Provided,
Are non-career service? Generally doesn’t apply
however, That such military personnel compulsorily retiring by age shall
Contractual—tenure until contract.
have at least twenty (20) years of active service: Provided, further, That the
If co-terminous—until appting authority is no longer in office or loses trust &
compulsory retirement of an officer serving in a statutory position shall be
confidence
deferred until completion of the tour of duty prescribed by law; and,
Provided, finally, That the active service of military personnel may be
extended by the President, if in his opinion, such continued military service is 6. Reinstatement of Rightful Office-Holder
for the good of the service.
Dario v. Mison, G.R. No. 81954, August 8, 1989, last paragraph and
(b) Notwithstanding the provisions of Section 5 (a), military personnel in the dispositive
active service, who otherwise will retire compulsorily under Section 1 (b) of
Republic Act Numbered Three Hundred Forty, as amended, during the first, “Premises considered, and subject to the observation hereinabove made, it is
second, third, fourth, fifth, and sixth calendar years of the effectivity of this our considered view that the separation from the service "NOT FOR CAUSE but
Decree, shall be retired compulsorily under this Decree on the dates they as a result of the reorganization pursuant to Proclamation No. 3 dated March 25,
shall complete and additional period of service of one, two, three, four, five, 1986" of the affected officers and employees of the Bureau of Customs should be
and six years, respectively; Provided, That such additional period of service UPHELD, and the Resolutions of the Civil Service Commission, dated 30 June
shall not extend beyond their fifty-sixth (56th) birthday or completion of 1988, 20 September 1988, and 16 November 1988 should be SET ASIDE for
thirty (30) years of active service, whichever is later. Provided, further, That having been issued in grave abuse of discretion.
such military personnel who have attained fifty-six (56) years of age but have
not completed thirty (30) years of active service on the effectivity of this Republic Act No. 6656, in so far as it provides for retroactivity, should be
Decree shall be allowed to complete thirty (30) years of active service but not declared UNCONSTITUTIONAL for being repugnant to the letter and spirit of
beyond their sixtieth (60th) birthday: Provided, finally, That such military Section 16, Article XVIII of the 1987 Constitution.”
personnel should have completed at least fifteen years of active service.
Canonizado v. Aguirre, G.R. No. 133132. February 15, 2001.
Class Discussion:
GENERAL RULES
Class Discussion: This is a supra. He was brought back to office because his new
(CCS)
appointment was deemed unconstitutional.
1) 65 years old; 15 years
2) Less than 15 years, up to 2 years
MERITORIOUS CIRCUMSTANCES: The guy who got his old office was vacated but de facto so entitled to the
3) Extended for 6 months, plus another 6 months emoluments for the time he was in office.  Ito yung involuntary separation dyan
(Military)
1) 56 years old; 30 years of satisfactory service (whichever is later) 7. Dropping from the Rolls
2) 56 years old, 20 years; (30 years, 60 years old)
(NC)
 2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), Rule
st
20, Section 107, 1 para (NOTE: The rest of Section 107 is suggested readin
Sec 107 1 Para (check PDF for full section)-
st
Section 107. Grounds and Procedure for Dropping from the Rolls. Officers
and employees who are absent without approved leave, have unsatisfactory
or poor performance, or have shown to be physically or mentally unfit to
perform their duties may be dropped from the rolls within 30 days from the
time a ground therefore arises subject to the following procedures…
2017 Rules on Administrative Cases in the Civil Service (2017 RACCS), Rule
20, Section 110
Section 110. Dropping from the Rolls; Non-Disciplinary in Nature. This mode
of separation from the service for unauthorized absences or unsatisfactory or
poor performance or physical or mental disorder is non-disciplinary in
nature and shall not result in the forfeiture of any benefit on the part of the
official or employee or in disqualification from reemployment in the
government.
City Government of Makati City v. Civil Service Commission, G.R. No.
131392, Feb. 6, 2002 (En Banc)
Class Discussion: Arrested for kidnapping. As a consequence she wasn’t able to go
to work. Acquitted, but was not reinstated. SC: She should not have been dropped
from the rolls because she was just suspended during the time she was in jail.
The city government did not actively suspend her. There are records that they
knew she was in jail so this was not a voluntary leave.
For there to be dropping from rolls, it should be voluntary/ AWOL.
Plaza v. Cassion, G.R. No. 136809, July 27, 2004.
Class Discussion: Mayor dropped people from the rolls. No need notice & hearing
because non-disciplinary in nature, and there was no violation of rights to security
of tenure because there was no actual “transfer”. There was only reconstitution of
the office leading to devolution of the employees.
Sir asks: Who drops from the rolls? Who has the power? As this is non-disciplinary.
A: The appointing authority but needs to notify the CSC
8. Dismissal
2017 Omnibus Rules on Appointments and Other Personnel Actions, Rule X,
Section 105
Dismissal is the termination or the act of being discharged from employment
or service for cause. It is the definite severance of an officer or employee from
government service on the initiative of the agency or office, CSC,
Ombudsman, or regular courts.
The Report on Database of Individuals Barred from Entering Government
Service and Taking Civil Service Examinations (DIBAR) together with a
certified true copy of the decision rendered which has become executory,
where the penalty of dismissal was imposed, shall be submitted by the HRMO
to the CSC Field Office concerned within thirty (30) days from the date of
such decision, for record purposes.
2017 Omnibus Rules on Appointments and Other Personnel Actions, Rule XII,
Section 127.
No person who has been dismissed or perpetually excluded/disqualified
from government service shall be appointed or reemployed unless he/she
has been granted executive clemency by the President of the Philippines
upon recommendation of the Commission.
9. Criminal Conviction
Revised Penal Code, articles 30-31
Article 30. Effects of the penalties of perpetual or temporary absolute
disqualification. — The penalties of perpetual or temporary absolute
disqualification for public office shall produce the following effects:
1. The deprivation of the public offices and employments which the offender
may have held even if conferred by popular election.
2. The deprivation of the right to vote in any election for any popular office or
to be elected to such office.
3. The disqualification for the offices or public employments and for the
exercise of any of the rights mentioned.
In case of temporary disqualification, such disqualification as is comprised in
paragraphs 2 and 3 of this article shall last during the term of the sentence.
 4. The loss of all rights to retirement pay or other pension for any office
formerly held.
Article 31. Effect of the penalties of perpetual or temporary special
disqualification. — The penalties of perpetual or temporal special
disqualification for public office, profession or calling shall produce the
following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either
perpetually or during the term of the sentence according to the extent of such
disqualification.
CSC Resolution No. 000400, Feb 04 2000, Valverde, Protacio Jr.
Class Discussion: DQ on other govt positions, depends on the accessory penalties
also. If Perpetual, temporal, absolute- deprivation of right to hold public office
previously held; etc
Special- deprivation of office; DQ from similar office.
CAB: Convicted of crime involving moral turpitude but not automatically loses
right to hold office. Only convicted of Prision Coreccional, DQ from holding public
office is not included.
C. Measures to Ensure Continuity of Public Services
1. Hold-Over Capacity
Mendoza v. Quisumbing, G.R. No. 78053, June 4, 1990.
Exec. Ord. No. 292 (1987), Book IV, Chapter 10, Section 44.
Section 44. Appointment of Secretaries.—The Secretaries of Departments
shall be appointed by the President with the consent of the Commission on
Appointments, at the beginning of his term of office, and shall hold office,
unless sooner removed, until the expiration of his term of office, or until their
successors shall have been appointed and qualified.
Rep. Act No. 6975, Section 43 (b)(3), as amended by Rep. Act No. 8551
(3) Three (3) other members who shall be chosen by the peace and order
council from among the respected members of the community known for
their probity and integrity, one (1) of whom must be a member of the Bar or,
in the absence thereof, a college graduate, or the principal of the central
elementary school in the locality.
The Chairman of the PLEB shall be elected from among its members. The
term of office of the members of the PLEB shall be for a period of two (2)
years from assumption of office. Such member shall hold office until his
successor shall have been chosen and qualified.
Republic Act No. 10149, Section 17, 1st para, proviso and 3rd para, proviso
Any provision in the charters of each GOCC to the contrary notwithstanding,
the term of office of each Appointive Director shall be for one (1) year, unless
sooner removed for cause: Provided, however, That the Appointive Director
shall continue to hold office until the successor is appointed. An Appointive
Director may he nominated by the GCG for reappointment by the President
only if one obtains a performance score of above average or its equivalent or
higher in the immediately preceding year of tenure as Appointive Director
based on the performance criteria for Appointive Directors for the GOCC.
Any provision of law to the contrary notwithstanding, all incumbent CEOs
and appointive members of the Board of GOCCs shall, upon approval of this
Act, have a term of office until June 30, 2011, unless sooner replaced by the
President: Provided, however, That the incumbent CEOs and appointive
members of the Board shall continue in office until the successors have been
appointed by the President.
Class Discussion: How do you know when hold over applies? “For until their
successors is appointed and qualified”
2. Temporary Performance of Duties
Exec Ord. No. 292 (1987), Book IV, Chapter 6, Sections 32-34
Section 32. Acting Head of Bureau or Office.—In case of the absence or
disability of the head of a bureau or office, his duties shall be performed by
the assistant head. When there are two or more assistant heads, the Secretary
shall make the designation. In the absence of an assistant head, the Secretary
 may designate any officer or employee of the bureau or office as acting head
without additional compensation.
Section 33. Performance of Duties of Subordinate Officers Temporarily
Absent.—In case of the temporary absence or disability of any subordinate
officer or employee in any bureau or office, its head may, subject to existing
laws, rules and regulations, designate any other subordinate officer or
employee within the organization to perform temporarily the duties of the
absent or disabled person.
Section 34. Filling of Vacancies.—Vacancies caused by death, resignation or
removal of any officer or subordinate may be temporarily filled in the same
manner as in the case of temporary absence or disability. The vacancies shall
not be filled by permanent appointment until the expiration of any leave
allowable to the predecessor, unless the exigencies of the service require that
the appointment be made immediately.
Class Discussion:
Designation for continuity purposes:
-Assistant
-Secretary chooses
-Designation
VIII. Rights of Public Officers
A. Security of Tenure
Const. (1987), article IX-B, Section 2(3)
(3) No officer or employee of the civil service shall be removed or suspended
except for cause provided by law.
Achacoso vs. Macaraig, G.R. No. 93023, March 13, 1991.
Class Discussion: Not eligible for a permanent appointment. The most he can get is
a temporary appointment which is not entitled to security of tenure.
SoT- Cannot be removed without JUST CAUSE
B. Salaries and Emoluments
1. Right to Salary
a. Entitlement to Salary
RA 6758, Sections 3(a)
Section 3. General Provisions. – The following principles shall govern the
Compensation and Position Classification System of the Government:
(a) All government personnel shall be paid just and equitable wages; and
while pay distinctions must necessarily exist in keeping with work
distinctions, the ratio of compensation for those occupying higher ranks to
those at lower ranks should be maintained at equitable levels, giving due
consideration to higher percentage of increases to lower level positions and
lower percentage increases to higher level positions;
Exec. Ord. No. 292 (1987), Book VI, Chapter 7, sections 63-64
SECTION 63. Additional Compensation for Overtime Service.—Officials and
employees of the National Government, when required to work overtime
after regular working hours during ordinary days, during half-day sessions,
or on Saturdays, Sundays and holidays, by the heads of departments
concerned, to finish work that must be completed within a specified time,
may be paid overtime compensation from any unexpected balance of the
appropriation for salaries and wages authorized in the General
Appropriations Act and under such guidelines as may be issued by the
President.
SECTION 64. Compensation of Persons Receiving Pension.—A person
receiving life pension, annuity, or gratuity as a result of service in the national
government or any local government unit, or from any government-owned or
controlled corporation, who is reappointed to any position, the appropriation
for the salary of which is provided from funds of the office, shall have the
option to receive either the compensation for the position, or the pension,
gratuity or annuity, but in no case shall he receive both.
Class Discussion: They will be given salaries but EQUITABLE PERCENTAGE.
Pension & salary cannot be received at the same time. He has the option of which
to receive.
On overtime—(check law)
b. Deductions from Salary
Exec. Ord. No. 292, Book V, Title I, Subtitle A, Chapter 10, Section 66
SECTION 66. Liability of Disbursing Officers.—Except as may otherwise be
provided by law, it shall be unlawful for a treasurer or other fiscal officer to
draw or retain from the salary due an officer or employee any amount for
contribution or payment of obligations other than those due the government
or its instrumentalities.
c. Effect of Non-Entitlement to Salary
Exec. Ord. No. 292 (1987), Book V, Title I, Subtitle A, Chapter 10, Section 65
SECTION 65. Liability of Appointing Authority.—No person employed in the
Civil Service in violation of the Civil Service Law and rules shall be entitled to
receive pay from the government; but the appointing authority responsible
for such unlawful employment shall be personally liable for the pay that
would have accrued had the employment been lawful, and the disbursing
officials shall make payment to the employee of such amount from the salary
of the officers so liable.
Class Discussion: Liable for the improper salaries—the appointing authority who
made the improper appointment
Nazareth v. Villar, G.R. No. 188635, January 29, 2013.
Class Discussion: What is the rule taking both EO292 and this case?
GR: Disbursement of salaries and benefits to those without legal right—not
entitled; Liable: Appointing officer for the salaries.
X: If such salaries were already disbursed or conveyed, no need to reimburse, if
done in good faith.
d. Prohibition of Double Compensation
rd
Constitution (1987), article VII, section 6, 3 sentence
(Re: President and Vice President)
They shall not receive during their tenure any other emolument from the
Government or any other source.
Constitution (1987), article IX-B, section 8
Section 8. 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.
National Amnesty Commission v. Commission on Audit, G. R. No.
156982, September 8, 2004.
Class Discussion: Not entitled, designated by the principals. No extra emoluments.
Conclusions of the Court here: the representatives were allowed even as ex officio,
because there is nothing wrong with designating. But there is disallowance by COA
which was valid because the principals were not entitled themselves to receive;
and the designatees, as still receiving salaries for their original positions, are not
entitled to added salaries.
2. Salary Standardization
Constitution (1987), article IX-B, section 5
Section 5. The Congress shall provide for the standardization of
compensation of government officials and employees, including those in
government-owned or controlled corporations with original charters, taking
into account the nature of the responsibilities pertaining to, and the
qualifications required for, their positions.
Executive Order No. 292 (1987), Book V, Title I, Subtitle A, Chapter 1, section
4
SECTION 4. Compensation.—The Congress shall provide for the
standardization of compensation of government officials and employees
including those in government-owned or controlled corporations with
original charters, taking into account the nature of the responsibilities
pertaining to, and the qualifications required for the position concerned.
RA 6758, Sections 3-4
Section 3. General Provisions. – The following principles shall govern the
Compensation and Position Classification System of the Government:
(a) All government personnel shall be paid just and equitable wages; and
while pay distinctions must necessarily exist in keeping with work
distinctions, the ratio of compensation for those occupying higher ranks to
those at lower ranks should be maintained at equitable levels, giving due
consideration to higher percentage of increases to lower level positions and
lower percentage increases to higher level positions;
(b) Basic compensation for all personnel in the government and government-
owned or controlled corporations and financial institutions shall generally be
comparable with those in the private sector doing comparable work, and
must be in accordance with prevailing laws on minimum wages;
(c) The total compensation provided for government personnel must be
maintained at a reasonable level in proportion to the national budget;
(d) A review of government compensation rates, taking into account possible
erosion in purchasing power due to inflation and other factors, shall be
conducted periodically.
Section 4. Coverage. – The Compensation and Position Classification System
herein provided shall apply to all positions, appointive or elective, on full or
part-time basis, now existing or hereafter created in the government,
including government-owned or controlled corporations and government
financial institutions.
The term “government” refers to the Executive, the Legislative and the
Judicial Branches and the Constitutional Commissions and shall include all,
but shall not be limited to, departments, bureaus, offices, boards,
commissions, courts, tribunals, councils, authorities, administrations, centers,
institutes, state colleges and universities, local government units, and the
armed forces. The term “government-owned or controlled corporations and
financial institutions” shall include all corporations and financial institutions
owned or controlled by the National Government, whether such corporations
and financial institutions perform governmental or proprietary functions.
3. Inclusions and Non-Inclusions in Salary
RA 6758, Section 12
Section 12. Consolidation of Allowances and Compensation. – All
allowances, except for representation and transportation allowances;
clothing and laundry allowances; subsistence allowance of marine officers
and crew on board government vessels and hospital personnel; hazard pay;
allowances of foreign service personnel stationed abroad; and such other
additional compensation not otherwise specified herein as may be
determined by the DBM, shall be deemed included in the standardized salary
rates herein prescribed. Such other additional compensation, whether in cash
or in kind, being received by incumbents only as of July 1, 1989 not
integrated into the standardized salary rates shall continue to be authorized.
Existing additional compensation of any national government official or
employee paid from local funds of a local government unit shall be absorbed
into the basic salary of said official or employee and shall be paid by the
National Government.
Recommended reading: DBM National Budget Circular 546, January 17,
2013, ¶¶1.1, 3.0.
Recommended reading: Executive Order No. 292 (1987), Book VI,
Chapter 7, Sections 67-74.
4. Salary Adjustments
Constitution (1987), article XVIII, section 18
Section 18. At the earliest possible time, the Government shall increase the
salary scales of the other officials and employees of the National Government.
Executive Order No. 292 (1987), Book V, Title I, Subtitle A, Chapter 5, section
28
SECTION 28. Salary Increase or Adjustment.—Adjustments in salaries as a
result of increase in pay levels or upgrading of positions which do not involve
a change in qualification requirements shall not require new appointments
except that copies of the salary adjustment notices shall be submitted to the the Members of the Senate and the House of Representatives approving such
Commission for record purposes. increase.

Constitution (1987), article VII, section 6

a. Restrictions on Increase of Salaries

Executive Order No. 292 (1987), Book VI, Chapter 7, sections 63-64 Section 6. The President shall have an official residence. The salaries of the
President and Vice-President shall be determined by law and shall not be
decreased during their tenure. No increase in said compensation shall take
Sec. 63. Additional Compensation for Overtime Service. - Officials and
effect until after the expiration of the term of the incumbent during which
employees of the National Government, when required to work overtime
such increase was approved. They shall not receive during their tenure any
after regular working hours during ordinary days, during half-day sessions,
other emolument from the Government or any other source.
or on Saturdays, Sundays and holidays, by the heads of departments
concerned, to finish work that must be completed within a specified time,
may be paid overtime compensation from any unexpected balance of the
appropriation for salaries and wages authorized in the General
Appropriations Act and under such guidelines as may be issued by the
President.

Sec. 64. Compensation of Persons Receiving Pension. - A person receiving

life pension, annuity, or gratuity as a result of service in the national
government or any local government unit, or from any government-owned or
controlled corporation, who is reappointed to any position, the appropriation
for the salary of which is provided from funds of the office, shall have the
option to receive either the compensation for the position, or the pension,
gratuity or annuity, but in no case shall he receive both.
Executive Order No. 292 (1987), Book V, Title I, Subtitle A, Chapter 8, section
59(3)
Section 59. Nepotism.—
b. Restrictions on Decrease of Salaries
Constitution (1987), article VII, section 6
Section 6. The President shall have an official residence. The salaries of the
President and Vice-President shall be determined by law and shall not be
decreased during their tenure. No increase in said compensation shall take
effect until after the expiration of the term of the incumbent during which
such increase was approved. They shall not receive during their tenure any
other emolument from the Government or any other source.

(3) In order to give immediate effect to these provisions, cases of previous
appointments which are in contravention hereof shall be corrected by
transfer, and pending such transfer, no promotion or salary increase shall be
allowed in favor of the relative or relatives who were appointed in violation
of these provisions.
Constitution (1987), article VIII, section 10
Section 10. The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts, shall be fixed by law. During
their continuance in office, their salary shall not be decreased.

Constitution (1987), article VI, section 10 Constitution (1987), article IX-A, section 3

Section 10. The salaries of Senators and Members of the House of Section. 3. The salary of the Chairman and the Commissioners shall be fixed
Representatives shall be determined by law. No increase in said by law and shall not be decreased during their tenure.
compensation shall take effect until after the expiration of the full term of all
 Constitution (1987), article XI, section 10
Section 10. The Ombudsman and his Deputies shall have the rank of
Chairman and Members, respectively, of the Constitutional Commissions, and
they shall receive the same salary which shall not be decreased during their
term of office.
Constitution (1987), article VIII, section 10
Section 10. The salary of the Chief Justice and of the Associate Justices of the
Supreme Court, and of judges of lower courts, shall be fixed by law. During
their continuance in office, their salary shall not be decreased.
Class Discussion:
Cannot be decreased during tenure: P, VP, Judiciary, OMB, Concom (fiscal
autonomy)
Cannot be increased: P, VP, Congress
C. Retirement and Survivorship Benefits
Government Service Insurance System, Cebu City Branch v.
Montesclaros, G.R. No. 146494, July 14, 2004 (En Banc)
Class Discussion: Do I have a vested right to my GSIS benefits? Can I compel the
payment of the benefits? YES.
D. Self-Organization
1. Scope of Right
Const. (1987), article IX-B, Section 2(5)
(5) The right to self-organization shall not be denied to government
employees.
Executive Order No. 180, s. 1987, Section 1
Section 1. This Executive Order applies to all employees of all branches,
subdivisions, instrumentalities, and agencies of the Government, including
government-owned or controlled corporations with original charters. For
this purpose, employees covered by this Executive Order shall be referred to
as “government employees.”
Executive Order No. 292, s. 1987, Book V, Title I, Subtitle A, Chapter 6
SECTION 38. Coverage.—(1) All government employees, including those in
government-owned or controlled corporations with original charters, can
form, join or assist employees’ organizations of their own choosing for the
furtherance and protection of their interests. They can also form, in
conjunction with appropriate government authorities, labor-management
committees, work councils and other forms of workers’ participation
schemes to achieve the same objectives.
(2) The provisions of this Chapter shall not apply to the members of the
Armed Forces of the Philippines, including police officers, policemen, firemen
and jail guards.
SECTION 39. Ineligibility of High-Level Employees to Join Rank-and-File
Employees’ Organization.—High-level employees whose functions are
normally considered as policy-making or managerial or whose duties are of
highly confidential nature shall not be eligible to join the organization of
rank-and-file government employees.
SECTION 40. Protection of the Right to Organize.—(1) Government
employees shall not be discriminated against in respect of their employment
by reason of their membership in employees’ organizations or participation
in the normal activities of their organizations. Their employment shall not be
subject to the condition that they shall not join or shall relinquish their
membership in the employees’ organizations.
(2) Government authorities shall not interfere in the establishment,
functioning or administration of government employees’ organizations
through acts designed to place such organizations under the control of
government authority.
SECTION 41. Registration of Employees’ Organization.—Government
employees’ organizations shall register with the Civil Service Commission
and the Department of Labor and Employment. The application shall be filed
with the Bureau of Labor Relations of the Department which shall process the
same in accordance with the provisions of the Labor Code of the Philippines.
Applications may also be filed with the Regional Offices of the Department of
Labor and Employment which shall immediately transmit the said
applications to the Bureau of Labor Relations within three (3) days from
receipt thereof.
2. Employees Organization
SECTION 42. Certificate of Registration.—Upon approval of the application, a
registration certificate shall be issued to the organization recognizing it as a
legitimate employees’ organization with the right to represent its members
and undertake activities to further and defend its interests. The
corresponding certificates of registration shall be jointly approved by the
Chairman of the Civil Service Commission and the Secretary of Labor and
Employment.
SECTION 43. Appropriate Organizational Unit.—The appropriate
organizational unit shall be the employer’s unit consisting of rank-and-file
employees unless circumstances otherwise require.
SECTION 44. Sole and Exclusive Employees’ Representatives.—(1) The duly
registered employees’ organization having the support of the majority of the
employees in the appropriate organizational unit shall be designated as the
sole and exclusive representative of the employees.
(2) A duly registered employees’ organization shall be accorded voluntary
recognition upon a showing that no other employees’ organization is
registered or is seeking registration, based on the records of the Bureau of
Labor Relations, and that the said organization has the majority support of
the rank-and-file employees in the organizational unit.
(3) Where there are two or more duly registered employees’ organizations in
the appropriate organizational unit, the Bureau of Labor Relations shall, upon
petition, order the conduct of a certification election and shall certify the
winner as the exclusive representative of the rank-and-file employees in said
organizational unit.
SECTION 45. The Public Sector Labor-Management Council.—A Public Sector
Labor-Management Council is hereby constituted to be composed of the
following: The Chairman of the Civil Service Commission, as Chairman; the
Secretary of Labor and Employment, as Vice-Chairman; and the Secretary of
Finance, the Secretary of Justice and the Secretary of Budget and
Management, as members.
The Council shall implement and administer the provisions of this Chapter.
For this purpose, the Council shall promulgate the necessary rules and
regulations to implement this Chapter.
Executive Order No. 292, Book V, Title I, Subtitle A, Chapter 6, Sections 41-44
SECTION 41. Registration of Employees’ Organization.—Government
employees’ organizations shall register with the Civil Service Commission
and the Department of Labor and Employment. The application shall be filed
with the Bureau of Labor Relations of the Department which shall process the
same in accordance with the provisions of the Labor Code of the Philippines.
Applications may also be filed with the Regional Offices of the Department of
Labor and Employment which shall immediately transmit the said
applications to the Bureau of Labor Relations within three (3) days from
receipt thereof.
SECTION 42. Certificate of Registration.—Upon approval of the application, a
registration certificate shall be issued to the organization recognizing it as a
legitimate employees’ organization with the right to represent its members
and undertake activities to further and defend its interests. The
corresponding certificates of registration shall be jointly approved by the
Chairman of the Civil Service Commission and the Secretary of Labor and
Employment.
SECTION 43. Appropriate Organizational Unit.—The appropriate
organizational unit shall be the employer’s unit consisting of rank-and-file
employees unless circumstances otherwise require.
SECTION 44. Sole and Exclusive Employees’ Representatives.—(1) The duly
registered employees’ organization having the support of the majority of the
employees in the appropriate organizational unit shall be designated as the
sole and exclusive representative of the employees.
(2) A duly registered employees’ organization shall be accorded voluntary
recognition upon a showing that no other employees’ organization is
registered or is seeking registration, based on the records of the Bureau of
 Labor Relations, and that the said organization has the majority support of
the rank-and-file employees in the organizational unit.
(3) Where there are two or more duly registered employees’ organizations in
the appropriate organizational unit, the Bureau of Labor Relations shall, upon
petition, order the conduct of a certification election and shall certify the
winner as the exclusive representative of the rank-and-file employees in said
organizational unit.
Class Discussion: Can you form an employee association crisscrossing different
units? NO.
X: Unless circumstances otherwise require.
3. Collective Bargaining
Exec. Ord. No. 180 (1987), Section 13
SECTION 13. Terms and conditions of employment or improvements thereof,
except those that are fixed by law, may be the subject of negotiations
between duly recognized employees’ organizations and appropriate
government authorities.
Exec. Ord. No. 292 (1987), Book V, Title I, Subtitle A, Chapter 1, section 3
SECTION 3. Terms and Conditions of Employment.—The terms and
conditions of employment of all government employees, including those in
government-owned or controlled corporations with original charters, shall
be fixed by law. The terms and conditions of employment which are not fixed
by law may be the subject of negotiation between duly recognized employees’
organizations and appropriate government authorities.
Development Bank of the Philippines v. Commission on Audit, G.R.
No. 210838, July 03, 2018 (en banc): ponencia, J. Tijam.
NOTE: The diss. op. of J. Leonen is also recommended.
SUMMARY: DBP employees were demanding their benefits. After a conference
between the employees group and DBP, the BOD adopted a one-time grant for
the employees called the Governance Forum Productivity Award (GFPA). COA
filed a Notice of Disallowance on the ground that the GFPA is in the nature of a
compromise agreement and it was not within the board's powers to grant a
monetary award or benefit as a result of labor negotiations.
Court ruled in favor of COA. The DBP is bound by the
Salary Standardization Law, and monetary awards and benefits can only be
granted in accordance with the law.
SSL: "coverage, conditions for the grant, including the rates of allowances,
benefits, and incentives to all government employees, shall be rationalized in
accordance with the policies to be issued by the President upon
recommendation of the Department of Budget and Management."
DOCTRINE: In government employment, it is the legislature and, where
properly given delegated power, the administrative heads of government which
fix the terms and conditions of employment. And this is effected through
statutes or administrative circulars, rules, and regulations, not through
collective bargaining agreements
While employees of chartered GFIs enjoy the constitutional right to bargain
collectively, they may only do so for noneconomic benefits and those not fixed
by law, and may not resort to acts amounting to work stoppages or
interruptions.
DISSENT:
LEONEN SAYS: The rights and duties of the DBP employees are comparable
with those in government corporations under the Corporation Code who enjoy
full collective bargaining rights. Therefore, excluding economic benefits from
the scope of collective bargaining rights of the DBP employees is a denial of
their inherent and constitutionally protected right, a violation of the equal
protection clause for lack of substantial basis, and is contrary to social justice.
Class Discussion: GFIs are covered by SSL.
4. Labor-Management Disputes
Executive Order No. 180, s. 1987, Section 14-16
SECTION 14. The Civil Service law and rules governing concerted activities
and strikes in the government service shall be observed, subject to any
legislation that may be enacted by Congress.
SECTION 15. A Public Sector Labor-Management Council, hereinafter
referred to as the Council, is hereby constituted to be composed of the
following: E. Training and Development

1) Chairman, Civil Service Chairman Executive Order No. 292 (1987), Book V, Title I, Subtitle A, Chapter 5, sections
Commission 30- 31
2) Secretary, Department of Labor Vice-Chairman
and Employment SECTION 30. Career and Personnel Development.—The development and
3) Secretary, Department of Finance Member retention of a competent and efficient work force in the public service is a
4) Secretary, Department of Justice Member primary concern of government. It shall be the policy of the government that
5) Secretary, Department of Budget Member a continuing program of career and personnel development be established
and Management for all government employees at all levels. An integrated national plan for
career and personnel development shall serve as the basis for all career and
personnel development activities in the government.
The Council shall implement and administer the provisions of this Executive
Order. For this purpose, the Council shall promulgate the necessary rules and
regulations to implement this Executive Order. SECTION 31. Career and Personnel Development Plans.—Each department
or agency shall prepare a career and personnel development plan which shall
be integrated into a national plan by the Commission. Such career and
VIII. Settlement of Disputes
personnel development plans which shall include provisions on merit
promotions, performance evaluation, in-service training, including overseas
SECTION 16. The Civil Service and labor laws and procedures, whenever and local scholarships and training grants, job rotation, suggestions and
applicable, shall be followed in the resolution of complaints, grievances and incentive award systems, and such other provisions for employees’ health,
cases involving government employees. In case any dispute remains welfare, counseling, recreation and similar services.
unresolved after exhausting all the available remedies under existing laws
and procedures, the parties may jointly refer the dispute to the Council, for
appropriate action. Recommended Reading: Executive Order No. 292 (1987), Book V, Title I,
Subtitle A, Chapter 34

Executive Order No. 292 (1987), Book V, Title I, Subtitle A, Chapter 6, Section
45
SECTION 45. The Public Sector Labor-Management Council.—A Public Sector
Labor-Management Council is hereby constituted to be composed of the
following: The Chairman of the Civil Service Commission, as Chairman; the
Secretary of Labor and Employment, as Vice-Chairman; and the Secretary of
Finance, the Secretary of Justice and the Secretary of Budget and
Management, as members.
The Council shall implement and administer the provisions of this Chapter.
For this purpose, the Council shall promulgate the necessary rules and
regulations to implement this Chapter.
SECTION 34. Responsibility for Training.—The Commission shall be
responsible for the coordination and integration of a continuing program of
personnel development for all government personnel in the first and second
levels.
Central staff agencies and specialized institutes shall conduct continuing
centralized training for staff specialists from the different agencies. However,
in those cases where there is sufficient number of participants to warrant
training at department or agency or local government levels, such central
staff agencies and specialized institutes shall render the necessary assistance,
and consultative services.
To avoid duplication of effort and overlapping of training functions, the
following functional responsibilities are assigned:
 (1) Public and private colleges and universities and similar institutions shall Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every
be encouraged to organize and carry out continuing programs of executive public official and employee shall observe the following as standards of
development. personal conduct in the discharge and execution of official duties:

(2) The Commission, the Commission on Audit, the Department of Budget

and Management, the General Services Administration, and other central staff EO 292 (1987), Book I, chapter 9, Section 35
agencies shall conduct centralized training and assist in the training program
of the Departments or agencies along their respective functional areas of SECTION 35. Ethics in Government.—All public officers and employees shall
specialization. be bound by a Code of Ethics to be promulgated by the Civil Service
Commission.
(3) In coordination with the Commission, the Department of Local
Government and Community Development shall undertake local government
training programs.
2. Political Neutrality
(4) In coordination with the Commission, each department or agency,
province or city shall establish, maintain and promote a systematic plan of
Const. (1987), Article IX-B, Section 2(4)
action for personnel training at all levels in accordance with standards laid
down by the Commission. It shall maintain appropriate training staffs and
make full use of available training facilities. (4) No officer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign.
Whenever it deems it necessary, the Commission shall take the initiative in
undertaking programs for personnel development. Const. (1987), Article XVI, Section 5(3)

(3) Professionalism in the armed forces and adequate remuneration and

benefits of its members shall be a prime concern of the State. The armed
forces shall be insulated from partisan politics.
IX. Standards of Behavior for Public Officers

A. Norms of Conduct for Public Officers

3. Nationalism
1. In General

EO 292 (1987), Book I, chapter 9, Section 33

Const. (1987), art. IX, section 1.
SECTION 33. Policy on Change of Citizenship.—Public officers and employees
Section 1. The Constitutional Commissions, which shall be independent, are
owe the State and the Constitution allegiance at all times, and any public
the Civil Service Commission, the Commission on Elections, and the
officer or employee who seeks to change his citizenship or acquire the status
Commission on Audit.
of an immigrant of another country during his tenure shall be dealt with by
law.

RA 6713, section 4(A)

B. Duties of Public Officers

1. In General
RA 6713, section 5
Section 5. Duties of Public Officials and Employees. - In the performance of
their duties, all public officials and employees are under obligation
to:lawphi1.net
(a) Act promptly on letters and requests. - All public officials and employees
shall, within fifteen (15) working days from receipt thereof, respond to
letters, telegrams or other means of communications sent by the public. The
reply must contain the action taken on the request.
(b) Submit annual performance reports. - All heads or other responsible
officers of offices and agencies of the government and of government-owned
or controlled corporations shall, within forty-five (45) working days from the
end of the year, render a performance report of the agency or office or
corporation concerned. Such report shall be open and available to the public
within regular office hours.
(c) Process documents and papers expeditiously. - All official papers and
documents must be processed and completed within a reasonable time from
the preparation thereof and must contain, as far as practicable, not more than
three (3) signatories therein. In the absence of duly authorized signatories,
the official next-in-rank or officer in charge shall sign for and in their behalf.
(d) Act immediately on the public's personal transactions. - All public officials
and employees must attend to anyone who wants to avail himself of the
services of their offices and must, at all times, act promptly and
expeditiously.
(e) Make documents accessible to the public. - All public documents must be
made accessible to, and readily available for inspection by, the public within
reasonable working hours.
2. Filing of SALN
Constitution (1987), article XI, section 17
Section 17. A public officer or employee shall, upon assumption of office and
as often thereafter as may be required by law, submit a declaration under
oath of his assets, liabilities, and net worth. In the case of the President, the
Vice-President, the Members of the Cabinet, the Congress, the Supreme Court,
the Constitutional Commissions and other constitutional offices, and officers
of the armed forces with general or flag rank, the declaration shall be
disclosed to the public in the manner provided by law.
EO 292 (1987), Book I, chapter 9, section 34
RA 6713, section 8
Republic of the Philippines v. Sereno, G.R. No. 237428, May 11, 2018.
DOCTRINE: The willful non-filing of SALN is an indication of dishonesty, lack of
integrity and lack of probity. More so if non-filing is repeated in complete
disregard of the mandatory requirements of the Constitution and the law.
3. Divestment of Conflicts of Interest
RA 6713, Section 9
Section 9. Divestment. – 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.
RA 6713, Section 3(i) and (j)
(i) “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.
(j) “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.

X. Civil Liabilities of Public Officers
A. Liability for Damages
1. General Basis for Liability
EO 292 (1987), Book I, chapter 9, Sections 38-39
SECTION 38. Liability of Superior Officers.—
1. (1) A public officer shall not be civilly liable for acts done in the
performance of his official duties, unless there is a clear showing of
bad faith, malice or gross negligence.
2. (2) Any public officer who, without just cause, neglects to perform a
duty within a period fixed by law or regulation, or within a
reasonable period if none is fixed, shall be liable for damages to the
private party concerned without prejudice to such other liability as
may be prescribed by law.
3. (3) A head of a department or a superior officer shall not be civilly
liable for the wrongful acts, omissions of duty, negligence, or
misfeasance of his subordinates, unless he has actually authorized by
written order the specific act or misconduct complained of.
SECTION 39. Liability of Subordinate Officers. —No subordinate officer or
employee shall be civilly liable for acts done by him in good faith in the
performance of his duties. However, he shall be liable for willful or negligent
acts done by him which are contrary to law, morals, public policy and good
customs even if he acted under orders or instructions of his superiors.
Varela v. Levarez et al., G.R. No. 171705, July 29, 2010.
DOCTRINE: Issue is w/n Varela can be help personally liable for damages. NO.
Complaint did not categorically state that Varela was being sued in his official
capacity. The mere identification and mention of him as mayor does not
automatically transform the action into one against Valera in his official
capacity. Allegations in the complaint determine the cause of action.
2. Some Specific Grounds for Liability
Civil Code, article 19
Article 19. Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and observe
honesty and good faith.
Llorente v. Sandiganbayan, G.R. No. 85464. October 3, 1991
CASE SUMMARY: Atty. Llorente was employed in the PCA, a public corporation
from 1975 to August 31, 1986, when he resigned. He occupied the positions of
Assistant Corporate Secretary for a year, then Corporate Legal Counsel until
November 2, 1981, and, finally, Deputy Administrator for Administra-tive
Services, Finance Services, and Legal Affairs Departments. He was to approve
the clearances of rank-and-file employees. In 1981, there was a massive
reorganization which prompted PCA employees, including Mr. Curio and Mrs.
Javier, to resign. Mrs. Javier’s clearance at the time could not be signed because
she had pending accountabilities, including a disallowed cash advance of
P92,000 which she had released to Mr. Curio. However, Mr. Curio eventually
executed an affidavit on Nov. 26, 1981 assuming liability for the P92,000. Thus,
Mr. Curio’s clearance could not be signed by Atty. Llorente, who cited Condition
(a) of their clearances [see below]. Because his clearance was not signed, Mr.
Curio failed to get gainful employment from the years of 1981-1986. He then
filed a case against Atty. Llorente with the Sandiganbayan for violation of RA
3019. This case resulted in an acquittal [reasons cited below]. He was, however,
ordered to pay P90,000 as compensatory damages based on Arts. 19 and 27 of
the Civil Code. Atty. Llorente now assails the imposition of liability, saying he
was never in bad faith. The petition was denied by the SC.
DOCTRINE: It is the essence of Article 19 of the Civil Code, under which the
petitioner was made to pay damages, together with Article 27, that the
performance of duty be done with justice and good faith.
Civil Code, article 32
Article 32. Any public officer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any manner impedes or
impairs any of the following rights and liberties of another person shall be
liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a periodical
publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due process of
law;
(7) The right to a just compensation when private property is taken
for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers, and effects
against unreasonable searches and seizures;
 (10)The liberty of abode and of changing the same;
(11)The privacy of communication and correspondence;
(12)The right to become a member of associations or societies for
purposes not contrary to law;
(13)The right to take part in a peaceable assembly to petition the
Government for redress of grievances;
(14)The right to be a free from involuntary servitude in any form;
(15)The right of the accused against excessive bail;
(16)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, to
have a speedy and public trial, to meet the witnesses face to face, and
to have compulsory process to secure the attendance of witness in
his behalf;
(17)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;
(18)Freedom from excessive fines, or cruel and unusual punishment,
unless the same is imposed or inflicted in accordance with a statute
which has not been judicially declared unconstitutional; and
(19)Freedom of access to the courts.
In any of the cases referred to in this article, whether or not the
defendant's act or omission constitutes a criminal offense, the
aggrieved party has a right to commence an entirely separate and
distinct civil action for damages, and for other relief. Such civil action
shall proceed independently of any criminal prosecution (if the latter
be instituted), and may be proved by a preponderance of evidence.
The indemnity shall include moral damages. Exemplary damages may also be
adjudicated.
The responsibility herein set forth is not demandable from a judge unless his
act or omission constitutes a violation of the Penal Code or other penal
statute.
Vinzons-Chato v. Fortune Tobacco Corporation, G.R. No. 141309,
June 19, 2007.
DOCTRINE: An individual can hold a public officer personally liable for damages
on account of an act or omission that violates a constitutional right only if it
results in a particular wrong or injury to the former. Article 32, in fact, allows a
damage suit for tort for impairment of rights and liberties.
Civil Code, article 34
Article 34. When a member of a city or municipal police force refuses or fails
to render aid or protection to any person in case of danger to life or property,
such peace officer shall be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible therefor. The civil action herein
recognized shall be independent of any criminal proceedings, and a
preponderance of evidence shall suffice to support such action.
Civil Code, article 1146
Article 1146. The following actions must be instituted within four years: (1)
Upon an injury to the rights of the plaintiff;
(2) Upon a quasi-delict;
However, when the action arises from or out of any act, activity, or conduct of
any public officer involving the exercise of powers or authority arising from
Martial Law including the arrest, detention and/or trial of the plaintiff, the
same must be brought within one (1) year. (As amended by PD No. 1755, Dec.
24, 1980.)
Suggested Additional Reading: Cancio v. Isip, G.R. No. 133978, November
12, 2002.
SUMMARY: Case of Estafa and BP22 against respondent.
Petitioner’s cause of action is based on culpa contractual, an independent civil
action. Petitioner sought to enforce respondent’s obligation to make good the
value of the checks in exchange for the cash he delivered to respondent. His
petitioner’s cause of action is respondent’s breach of contractual obligation.
Here, the action filed by petitioner is an independent civil action, which remains
separate and distinct from any criminal prosecution based on the same act.
Not being deemed instituted in the criminal action based on culpa criminal, a
ruling on the culpability of the offender will have no bearing on said
independent civil action based on an entirely different cause of action, i.e., culpa
contractual.
In the same vein, the filing of the collection case after the dismissal of the estafa
cases against respondent did not amount to forum-shopping.
Clearly, therefore, the trial court erred in dismissing petitioner’s complaint for
collection of the value of the checks issued by respondent. Being an independent
civil action which is separate and distinct from any criminal prosecution and
which require no prior reservation for its institution, the doctrine of res judicata
and forum-shopping will not operate to bar the same.
B. Forfeiture
RA 1379, Sections 1-2, 6
Section 1. Definitions.
(a) For the purposes of this Act, a "public officer or employee" means any
person holding any public office or employment by virtue of an appointment,
election or contract, and any person holding any office or employment, by
appointment or contract, in any State owned or controlled corporation or
enterprise.
(b) "Other legitimately acquired property" means any real or personal
property, money or securities which the respondent has at any time acquired
by inheritance and the income thereof, or by gift inter vivos before his
becoming a public officer or employee, or any property (or income thereof)
already pertaining to him when he qualified for public office or employment,
or the fruits and income of the exclusive property of the respondent's spouse.
It shall not include:
1. Property unlawfully acquired by the respondent, but its ownership is
concealed by its being recorded in the name of, or held by, the
respondent's spouse, ascendants, descendants, relatives, or any
other person.
2. Property unlawfully acquired by the respondent, but transferred by
him to another person or persons on or after the effectivity of this
Act.
3. Property donated to the respondent during his incumbency, unless
he can prove to the satisfaction of the court that the donation is
lawful.
Section 2. Filing of petition. Whenever any public officer or employee has
acquired during his incumbency an amount of property which is manifestly
out of proportion to his salary as such public officer or employee and to his
other lawful income and the income from legitimately acquired property, said
property shall be presumed prima facie to have been unlawfully acquired.
The Solicitor General, upon complaint by any taxpayer to the city or
provincial fiscal who shall conduct a previous inquiry similar to preliminary
investigations in criminal cases and shall certify to the Solicitor General that
there is reasonable ground to believe that there has been committed a
violation of this Act and the respondent is probably guilty thereof, shall file, in
the name and on behalf of the Republic of the Philippines, in the Court of First
Instance of the city or province where said public officer or employee resides
or holds office, a petition for a writ commanding said officer or employee to
show cause why the property aforesaid, or any part thereof, should not be
declared property of the State: Provided, That no such petition shall be filed
within one year before any general election or within three months before
any special election.
The resignation, dismissal or separation of the officer or employee from his
office or employment in the Government or in the Government- owned or
controlled corporation shall not be a bar to the filing of the petition: Provided,
however, That the right to file such petition shall prescribe after four years
from the date of the resignation, dismissal or separation or expiration of the
term of the office or employee concerned, except as to those who have ceased
to hold office within ten years prior to the approval of this Act, in which case
the proceedings shall prescribe after four years from the approval hereof.
Executive Order No. 1 (1986), Section 2(a), 3(b), 3(c)
Section. 2. The Commission shall be charged with the task of assisting
the President in regard to the following matters:
(a) The recovery of all ill-gotten wealth accumulated by former President
Ferdinand E. Marcos, his immediate family, relatives, subordinates and close
associates, whether located in the Philippines or abroad, including the
takeover or sequestration of all business enterprises and entities owned or
controlled by them, during his administration, directly or through nominees,
by taking undue advantage of their public office and/or using their powers,
authority, influence, connections or relationship
The investigation of such cases of graft and corruption as the President may
assign to the Commission from time to time.
The adoption of safeguards to ensure that the above practices shall not be
repeated in any manner under the new government, and the institution of
adequate measures to prevent the occurrence of corruption.
Section. 3. The Commission shall have the power and authority:
(b) To sequester or place or cause to be placed under its control or
possession any building or office wherein any ill-gotten wealth or properties
may be found, and any records pertaining thereto, in order to prevent their
destruction, concealment or disappearance which would frustrate or hamper
the investigation or otherwise prevent the Commission from accomplishing
its task.
(c) To provisionally take over in the public interest or to prevent its disposal
or dissipation, business enterprises and properties taken over by the
government of the Marcos Administration or by entities or persons close to
former President Marcos, until the transactions leading to such acquisition by
the latter can be disposed of by the appropriate authorities
RA 9160 as amended by RA 9194, RA 10365, section 3(i)(3,4,15,17), section
10, Section 12
SEC. 3. Definitions. — For purposes of this Act, the following terms are
hereby defined as follows:
(i) “Unlawful activity” refers to any act or omission or series or combination
thereof involving or having relation to the following:
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019,
as amended; otherwise known as the Anti-Graft and Corrupt
Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(15)Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as
amended, and Corruption of Public Officers under Article 212 of the Revised
Penal Code, as amended;
(17)Malversation of Public Funds and Property under Articles 217 and 222 of
the Revised Penal Code, as amended;
C. Civil Disabilities
Civil Code, article 739(3)
Article 739. The following donations shall be void: (3) Those made to a
public officer or his wife, descendants and ascendants, by reason of his office.
Civil Code, articles 1491(4-6), 1492
Article 1491. The following persons cannot acquire by purchase, even at a
public or judicial auction, either in person or through the mediation of
another:
(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 intrusted to them; this
provision shall apply to judges and government experts who, in any manner
whatsoever, take part in the sale;
5. (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. (6) Any others specially disqualified by law. (1459a)
Article 1492. The prohibitions in the two preceding articles are applicable to
sales in legal redemption, compromises and renunciations. (n)
EO 292 (1987), Book I, chapter 9, Section 36
SECTION 36. Inhibition Against Purchase of Property at Tax Sale.— No
officer or employee of the government shall purchase directly or indirectly
any property sold by the government for the non-payment of any tax, fee or
other public charge. Any such purchase by an officer or employee shall be
void.
D. Compulsion through Civil Remedies
1. Special Civil Actions
Rules of Court, Rule 65, Section 1-3, 5 Rules of Court, Rule 66, Sections 1, 9-
12.
Section 1. Petition for certiorari. When any tribunal, board or officer
exercising judicial or quasi-judicial functions has acted without or in excess
of its or his jurisdiction, or with grave abuse of discretion amounting to lack
or excess of jurisdiction, and there is no appeal, or any plain, speedy, and
adequate remedy in the ordinary course of law, a person aggrieved thereby
may file a verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting such incidental
reliefs as law and justice may require.
The petition shall be accompanied by a certified true copy of the judgment,
order or resolution subject thereof, copies of all pleadings and documents
relevant and pertinent thereto, and a sworn certification of non-forum
shopping as provided in the third paragraph of section 3, Rule 46.
Sec. 2. Petition for prohibition. When the proceedings of any tribunal,
corporation, board, officer or person, whether exercising judicial, quasi-
judicial or ministerial functions, are without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction, and there is no appeal or any other plain, speedy, and adequate
remedy in the ordinary course of law, a person aggrieved thereby may file a
verified petition in the proper court, alleging the facts with certainty and
praying that judgment be rendered commanding the respondent to desist
from further proceedings in the action or matter specified therein, or
otherwise granting such incidental reliefs as law and justice may require.
The petition shall likewise be accompanied by a certified true copy of the
judgment, order or resolution subject thereof, copies of all pleadings and
documents relevant and pertinent thereto, and a sworn
certification of non-forum shopping as provided in the third paragraph of
section 3, Rule 46.
Sec. 3. Petition for mandamus. When any tribunal, corporation, board,
officer or person unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust, or station, or
unlawfully excludes another from the use and enjoyment of a right or office
to which such other is entitled, and there is no other plain, speedy and
adequate remedy in the ordinary course of law, the person aggrieved thereby
may file a verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered commanding the
respondent, immediately or at some other time to be specified by the court,
to do the act required to be done to protect the rights of the petitioner, and to
pay the damages sustained by the petitioner by reason of the wrongful acts of
the respondent.
The petition shall also contain a sworn certification of non-forum shopping as
provided in the third paragraph of section 3, Rule 46.
Sec. 5. Respondents and costs in certain cases. When the petition filed
relates to the acts or omissions of a judge, court, quasi-judicial agency,
tribunal, corporation, board, officer or person, the petitioner shall join, as
private respondent or respondents with such public respondent or
respondents, the person or persons interested in sustaining the proceedings
in the court; and it shall be the duty of such private respondents to appear
and defend, both in his or their own behalf and in behalf of the public
respondent or respondents affected by the proceedings, and the costs
awarded in such proceedings in favor of the petitioner shall be against the
private respondents only, and not against the judge, court, quasi-judicial
agency, tribunal, corporation, board, officer or person impleaded as public
respondent or respondents.
Unless otherwise specifically directed by the court where the petition is
pending, the public respondents shall not appear in or file an answer or
comment to the petition or any pleading therein. If the case is elevated to a
higher court by either party, the public respondents shall be included therein
as nominal parties. However, unless otherwise specifically directed by the
court, they shall not appear or participate in the proceedings therein.
Rule 66
Section 1. Action by Government against individuals. An action for the
usurpation of a public office, position or franchise may be commenced by a
verified petition brought in the name of the Republic of the Philippines
against:
(a) A person who usurps, intrudes into, or unlawfully holds or
exercises a public office, position or franchise;
(b) A public officer who does or suffers an act which, by the
provision of law, constitutes a ground for the forfeiture of his office;
or
(c) An association which acts as a corporation within the Philippines
without being legally incorporated or without lawful authority so to
act.
Sec. 9. Judgment where usurpation found. When the respondent is found
guilty of usurping, intruding into, or unlawfully holding or exercising a public
office, position or franchise, judgment shall be rendered that such respondent
be ousted and altogether excluded therefrom, and that the petitioner or
relator, as the case may be, recover his costs. Such further judgment may be
rendered determining the respective rights in and to the public office,
position or franchise of all the parties to the action as justice requires.
Sec. 10. Rights of persons adjudged entitled to public office; delivery of
books and papers; damages. If judgment be rendered in favor of the person
averred in the complaint to be entitled to the public office he may, after
taking the oath of office and executing any official bond required by law, take
upon himself the execution of the office, and may immediately thereafter
demand of the respondent all the books and papers in the respondent’s
custody or control appertaining to the office to which the judgment relates. If
the respondent refuses or neglects to deliver any book or paper pursuant to
such demand, he may be punished for contempt as having disobeyed a lawful
order of the court. The person adjudged entitled to the office may also bring
action against the respondent to recover the damages sustained by such
person by reason of the usurpation.
Sec. 11. Limitations. Nothing contained in this Rule shall be construed to
authorize an action against a public officer or employee for his ouster from
office unless the same be commenced within one (1) year after the cause of
such ouster, or the right of the petitioner to hold such office or position,
arose; nor to authorize an action for damages in accordance with the
provisions of the next preceding section unless the same be commenced
within one (1) year after the entry of the judgment establishing the
petitioner’s right to the office in question.
Sec. 12. Judgment for costs. In an action brought in accordance with the
provisions of this Rule, the court may render judgment for costs against
either the petitioner, the relator, or the respondent, or the person or persons
claiming to be a corporation, or may apportion the costs, as justice requires.
2. Special Proceedings
Rule 102, Sections 1, 6, 15-16
Sec. 1. To what habeas corpus extends. - Except as otherwise expressly
provided by law, the writ of habeas corpus shall extend to all cases of illegal
confinement or detention by which any person is deprived of his liberty, or
by which the rightful custody of any person is withheld from the person
entitled thereto.
Sec. 6. To whom writ directed, and what to require. - In case of
imprisonment or restraint by an officer, the writ shall be directed to him, and
shall command him to have the body of the person restrained of his liberty
before the court or judge designated in the writ at the time and place therein
specified. In case of imprisonment or restraint by a person not an officer, the
writ shall be directed to an officer, and shall command him to take and have
the body of the person restrained of his liberty before the court or judge
designated in the writ at the time and place therein specified, and to summon
the person by whom he is restrained then and there to appear before said
court or judge to show the cause of the imprisonment or restraint.
Sec. 15. When prisoner discharged if no appeal. - When the court or judge
has examined into the cause of caption and restraint of the prisoner, and is
satisfied that he is unlawfully imprisoned or restrained, he shall forthwith
order his discharge from confinement, but such discharge shall not be
effective until a copy of the order has been served on the officer or person
detaining the prisoner. If the officer or person detaining the prisoner does
not desire to appeal, the prisoner shall be forthwith released.
Sec. 16. Penalty for refusing to issue writ, or for disobeying the same. - A
clerk of a court who refuses to issue the writ after allowance thereof and
demand therefor, or a person to whom a writ is directed, who neglects or
refuses to obey or make return of the same according to the command
thereof, or makes false return thereof, or who, upon demand made by or on
behalf of the prisoner, refuses to deliver to the person demanding, within six
(6) hours after the demand therefor, a true copy of the warrant or order of
commitment, shall forfeit to the party aggrieved the sum of one thousand
pesos, to be recovered in a proper action, and may also be punished by the
court or judge as for contempt.
E. Remedies under Separate Rules
1. Writ of Amparo
A.M. No. 07-9-12-SC (25 September 2007), Sections 1, 17. 1
SECTION 1. Petition. – The petition for a writ of amparo is a remedy
available to any person whose right to life, liberty and security is violated or
threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity.
The writ shall cover extralegal killings and enforced disappearances or
threats thereof.
SEC. 17. Burden of Proof and Standard of Diligence Required. – The parties
shall establish their claims by substantial evidence.
The respondent who is a private individual or entity must prove that
ordinary diligence as required by applicable laws, rules and regulations was
observed in the performance of duty.
The respondent who is a public official or employee must prove that
extraordinary diligence as required by applicable laws, rules and regulations
was observed in the performance of duty.
The respondent public official or employee cannot invoke the presumption
that official duty has been regularly performed to evade responsibility or
liability.
2. Writ of Habeas Data
AM No. 08-1-16-SC, Sections 1, 11, 16.
SECTION 1. Habeas Data. - The writ of habeas data is a remedy available to
any person whose right to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public official or employee, or
of a private individual or entity engaged in the gathering, collecting or storing
of data or information regarding the person, family, home and
correspondence of the aggrieved party.
SEC. 11. Contempt. - The court, justice or judge may punish with
imprisonment or fine a respondent who commits contempt by making a false
return, or refusing to make a return; or any person who otherwise disobeys
or resist a lawful process or order of the court.
SEC. 16. Judgment. - The court shall render judgment within ten (10) days
from the time the petition is submitted for decision. If the allegations in the
petition are proven by substantial evidence, the court shall enjoin the act
complained of, or order the deletion, destruction, or rectification of the
erroneous data or information and grant other relevant reliefs as may be just
and equitable; otherwise, the privilege of the writ shall be denied.

Upon its finality, the judgment shall be enforced by the sheriff or any lawful
officers as may be designated by the court, justice or judge within five (5)
working days.
3. Rules of Procedure for Environmental Cases
Recommended reading: A.M. No. 09-6-8-SC: April 13, 2010, Rule 1, Section 2,
1st paragraph; Rule 2, Section 8; Rule 5, Section 3; Rule 7, Sections 1, 15. Writ
of Kalikasan; Rule 8, Sections 1, 7
Rule 1, Section 2. Scope. — These Rules shall govern the procedure in civil,
criminal and special civil actions before the Regional Trial Courts,
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts involving enforcement or violations
of environmental and other related laws, rules and regulations such as but
not limited to the following: (a) Act No. 3572, Prohibition Against Cutting of
Tindalo, Akli, and Molave Trees; (b) P.D. No. 705, Revised Forestry Code; (c)
P.D. No. 856, Sanitation Code; (d) P.D. No. 979, Marine Pollution Decree; (e)
P.D. No. 1067, Water Code; (f) P.D. No. 1151, Philippine Environmental Policy
of 1977; (g) P.D. No. 1433, Plant Quarantine Law of 1978; (h) P.D. No. 1586,
Establishing an Environmental Impact Statement System Including Other
Environmental Management Related Measures and for Other Purposes; (i)
R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of
Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic
Value along Public Roads, in Plazas, Parks, School Premises or in any Other
Public Ground; (j) R.A. No. 4850, Laguna Lake Development Authority Act; (k)
R.A. No. 6969, Toxic Substances and Hazardous Waste Act; (l) R.A. No. 7076,
People’s Small-Scale Mining Act; (m) R.A. No. 7586, National Integrated
Protected Areas System Act including all laws, decrees, orders, proclamations
and issuances establishing protected areas; (n) R.A. No. 7611, Strategic
Environmental Plan for Palawan Act; (o) R.A. No. 7942, Philippine Mining Act;
(p) R.A. No. 8371, Indigenous Peoples Rights Act; (q) R.A. No. 8550,
Philippine Fisheries Code; (r) R.A. No. 8749, Clean Air Act; (s) R.A. No. 9003,
Ecological Solid Waste Management Act; (t) R.A. No. 9072, National Caves and
Cave Resource Management Act; (u) R.A. No. 9147, Wildlife Conservation and
Protection Act; (v) R.A. No. 9175, Chainsaw Act; (w) R.A. No. 9275, Clean
Water Act; (x) R.A. No. 9483, Oil Spill Compensation Act of 2007; and (y)
Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657,
Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local
Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the
Revised Forestry Code and Other Environmental Laws (Amending the NIRC);
R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No. 7900, High-
Value Crops Development Rules of Procedure for Environmental Cases
Act; R.A. No. 8048, Coconut Preservation Act; R.A. No. 8435, Agriculture and
Fisheries Modernization Act of 1997; R.A. No. 9522, The Philippine
Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008;
R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate to
the conservation, development, preservation, protection and utilization of the
environment and natural resources.
Rule 2, Section 8. Issuance of Temporary Environmental Protection Order
(TEPO). - If it appears from the verified complaint with a prayer for the
issuance of an Environmental Protection Order (EPO) that the matter is of
extreme urgency and the applicant will suffer grave injustice and irreparable
injury, the executive judge of the multiple-sala court before raffle or the
presiding judge of a single-sala court as the case may be, may issue ex parte a
TEPO effective for only seventy-two (72) hours from date of the receipt of the
TEPO by the party or person enjoined. Within said period, the court where
the case is assigned, shall conduct a summary hearing to determine whether
the TEPO may be extended until the termination of the case.
The court where the case is assigned, shall periodically monitor the existence
of acts that are the subject matter of the TEPO even if issued
by the executive judge, and may lift the same at any time as circumstances
may warrant.
The applicant shall be exempted from the posting of a bond for the issuance
of a TEPO.
Rule 5, Section 3. Permanent EPO; writ of continuing mandamus. - In the
judgment, the court may convert the TEPO to a permanent EPO or issue a
writ of continuing mandamus directing the performance of acts which shall
be effective until the judgment is fully satisfied.
The court may, by itself or through the appropriate government agency,
monitor the execution of the judgment and require the party concerned to
submit written reports on a quarterly basis or sooner as may be necessary,
detailing the progress of the execution and satisfaction of the judgment. The
other party may, at its option, submit its comments or observations on the
execution of the judgment.
Rule 7, Section 1. Nature of the writ. - The writ is a remedy available to a
natural or juridical person, entity authorized by law, people’s organization,
non-governmental organization, or any public interest group accredited by or
registered with any government agency, on behalf of persons whose
constitutional right to a balanced and healthful ecology is violated, or
threatened with violation by an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental damage of
such magnitude as to prejudice the life, health or property of inhabitants in
two or more cities or provinces.
Section 15. Judgment. - Within sixty (60) days from the time the petition is
submitted for decision, the court shall render judgment granting or denying
the privilege of the writ of kalikasan.
The reliefs that may be granted under the writ are the following:
(a) Directing respondent to permanently cease and desist from committing
acts or neglecting the performance of a duty in violation of environmental
laws resulting in environmental destruction or damage;
(b) Directing the respondent public official, government agency, private
person or entity to protect, preserve, rehabilitate or restore the environment;
(c) Directing the respondent public official, government agency, private
person or entity to monitor strict compliance with the decision and orders of
the court;
(d) Directing the respondent public official, government agency, or private
person or entity to make periodic reports on the execution of the final
judgment; and
(e) Such other reliefs which relate to the right of the people to a balanced and
healthful ecology or to the protection, preservation, rehabilitation or
restoration of the environment, except the award of damages to individual
petitioners.
Rule 8, Section 1. Petition for continuing mandamus. - When any agency or
instrumentality of the government or officer thereof unlawfully neglects the
performance of an act which the law specifically enjoins as a duty resulting
from an office, trust or station in connection with the enforcement or
violation of an environmental law rule or regulation or a right therein, or
unlawfully excludes another from the use or enjoyment of such right and
there is no other plain, speedy and adequate remedy in the ordinary course
of law, the person aggrieved thereby may file a verified petition in the proper
court, alleging the facts with certainty, attaching thereto supporting evidence,
specifying that the petition concerns an environmental law, rule or
regulation, and praying that judgment be rendered commanding the
respondent to do
an act or series of acts until the judgment is fully satisfied, and to pay
damages sustained by the petitioner by reason of the malicious neglect to
perform the duties of the respondent, under the law, rules or regulations. The
petition shall also contain a sworn certification of non- forum shopping.
Section 7. Judgment. - If warranted, the court shall grant the privilege of the
writ of continuing mandamus requiring respondent to perform an act or
series of acts until the judgment is fully satisfied and to grant such other
reliefs as may be warranted resulting from the wrongful or illegal acts of the
respondent. The court shall require the respondent to submit periodic
reports detailing the progress and execution of the judgment, and the court
may, by itself or through a commissioner or the appropriate government
agency, evaluate and monitor compliance. The petitioner may submit its
comments or observations on the execution of the judgment.

XI. Criminal Liability of Public Officers
A. Under the Revised Penal Code
1. Offenses Committed by Public Officers
a. Bribery
Revised Penal Code, articles 210-212
Art. 210. Direct bribery. — Any public officer who shall agree to perform an
act constituting a crime, in connection with the performance of this official
duties, in consideration of any offer, promise, gift or present received by such
officer, personally or through the mediation of another, shall suffer the
penalty of prision mayor in its medium and maximum periods and a fine [of
not less than the value of the gift and] not less than three times the value of
the gift in addition to the penalty corresponding to the crime agreed upon, if
the same shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an
act which does not constitute a crime, and the officer executed said act, he
shall suffer the same penalty provided in the preceding paragraph; and if said
act shall not have been accomplished, the officer shall suffer the penalties of
prision correccional, in its medium period and a fine of not less than twice the
value of such gift.
If the object for which the gift was received or promised was to make the
public officer refrain from doing something which it was his official duty to
do, he shall suffer the penalties of prision correccional in its maximum period
and a fine [of not less than the value of the gift and] not less than three times
the value of such gift.chanrobles virtual law library
In addition to the penalties provided in the preceding paragraphs, the culprit
shall suffer the penalty of special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made
applicable to assessors, arbitrators, appraisal and claim commissioners,
experts or any other persons performing public duties. (As amended by Batas
Pambansa Blg. 872, June 10, 1985).
Art. 211. Indirect bribery. — The penalties of prision correccional in its
medium and maximum periods, and public censure shall be imposed upon
any public officer who shall accept gifts offered to him by reason of his office.
(As amended by Batas Pambansa Blg. 872,
June 10, 1985).
Art. 212. Corruption of public officials. — The same penalties imposed
upon the officer corrupted, except those of disqualification and suspension,
 shall be imposed upon any person who shall have made the offers or
promises or given the gifts or presents as described in the preceding articles.
RA 3019, section 12
Section 12. Termination of office. — No public officer shall be allowed to
resign or retire pending an investigation, criminal or administrative, or
pending a prosecution against him, for any offense under this Act or under
the provisions of the Revised Penal Code on bribery.
b. Malversation
Revised Penal Code, articles 217, 220
c. Other Crimes
Recommended reading: Entirety of Revised Penal Code, Title Seven
Recommended reading: All crimes under Revised Penal Code in which the
offender is a public officer
2. Aggravating Circumstance
Revised Penal Code, article 14(1). Revised Penal Code, article 148
B. Under Selected Special Laws
1. Graft and Corruption
RA 3019, Sections 2-6, 12
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments,
the government-owned and government-controlled corporations, and all
other instrumentalities or agencies of the Republic of the Philippines and
their branches.
(b) "Public officer" includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exempt
service receiving compensation, even nominal, from the government as
defined in the preceding subparagraph.
(c) "Receiving any gift" includes the act of accepting directly or indirectly a
gift from a person other than a member of the public officer's immediate
family, in behalf of himself or of any member of his family or relative within
the fourth civil degree, either by consanguinity or affinity, even on the
occasion of a family celebration or national festivity like Christmas, if the
value of the gift is under the circumstances manifestly excessive.
(d) "Person" includes natural and juridical persons, unless the context
indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions
of public officers already penalized by existing law, the following shall
constitute corrupt practices of any public officer and are hereby declared to
be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an
act constituting a violation of rules and regulations duly promulgated by
competent authority or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or influenced to commit
such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share,
percentage, or benefit, for himself or for any other person, in connection with
any contract or transaction between the Government and any other part,
wherein the public officer in his official capacity has to intervene under the
law.
(c) Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material benefit, for himself or for another, from any person for
whom the public officer, in any manner or capacity, has secured or obtained,
or will secure or obtain, any Government permit or license, in consideration
for the help given or to be given, without prejudice to Section thirteen of this
Act.
(d) Accepting or having any member of his family accept employment in a
private enterprise which has pending official business with him during the
pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or
giving any private party any unwarranted benefits, advantage or preference
in the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient
justification, to act within a reasonable time on any matter pending before
him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or
for the purpose of favoring his own interest or giving undue advantage in
favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction
manifestly and grossly disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
(h) Director or indirectly having financing or pecuniary interest in any
business, contract or transaction in connection with which he intervenes or
takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a
material interest in any transaction or act requiring the approval of a board,
panel or group of which he is a member, and which exercises discretion in
such approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit
in favor of any person not qualified for or not legally entitled to such license,
permit, privilege or advantage, or of a mere representative or dummy of one
who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his
office or by him on account of his official position to unauthorized persons, or
releasing such information in advance of its authorized release date.
The person giving the gift, present, share, percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving to the public officer the
employment mentioned in subparagraph (d); or urging the divulging or
untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be
punished under Section nine of this Act and shall be permanently or
temporarily disqualified in the discretion of the Court, from transacting
business in any form with the Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any
person having family or close personal relation with any public official to
capitalize or exploit or take advantage of such family or close personal
relation by directly or indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other person having some
business, transaction, application, request or contract with the government,
2. PD46
in which such public official has to intervene. Family relation shall include the
spouse or relatives by consanguinity or affinity in the third civil degree. The
word "close personal relation" shall include close personal friendship, social
and fraternal connections, and professional employment all giving rise to
intimacy which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any
public official to commit any of the offenses defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse
or for any relative, by consanguinity or affinity, within the third civil degree,
of the President of the Philippines, the Vice-President of the Philippines, the
President of the Senate, or the Speaker of the House of Representatives, to
intervene, directly or indirectly, in any business, transaction, contract or
application with the Government: Provided, That this section shall not apply
to any person who, prior to the assumption of office of any of the above
officials to whom he is related, has been already dealing with the Government
along the same line of business, nor to any transaction, contract or
application already existing or pending at the time of such assumption of
public office, nor to any application filed by him the approval of which is not
discretionary on the part of the official or officials concerned but depends
upon compliance with requisites provided by law, or rules or regulations
issued pursuant to law, nor to any act lawfully performed in an official
capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter
for any Member of the Congress during the term for which he has been
elected, to acquire or receive any personal pecuniary interest in any specific
business enterprise which will be directly and particularly favored or
benefited by any law or resolution authored by him previously approved or
adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who
recommended the initiation in Congress of the enactment or adoption of any
law or resolution, and acquires or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member of Congress or other public
officer, who, having such interest prior to the approval of such law or
resolution authored or recommended by him, continues for thirty days after
such approval to retain such interest.
Section 12. Termination of office. No public officer shall be allowed to resign
or retire pending an investigation, criminal or administrative, or pending a
prosecution against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.
PD 46 (1972)
PRESIDENTIAL DECREE No. 46 November 10, 1972
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO
RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY
OCCASION, INCLUDING CHRISTMAS
WHEREAS, under existing laws and the civil service rules, it is prohibited to
receive, directly or indirectly, any gift, present or any other form of benefit in
the course of official duties;
WHEREAS, it is believed necessary to put more teeth to existing laws and
regulations to wipe out all conceivable forms of graft and corruption in the
public service, the members of which should not only be honest but above
suspicion and reproach; and
WHEREAS, the stoppage of the practice of gift-giving to government men is a
concrete step in the administration's program of reforms for the
development of new moral values in the social structure of the country, one
of the main objectives of the New Society;
 NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as Commander-in- Section 11. Penalties. - (a) Any public official or employee, regardless of
Chief of all the Armed Forces of the Philippines, and pursuant to whether or not he holds office or employment in a casual, temporary,
Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 holdover, permanent or regular capacity, committing any violation of this Act
dated September 22, 1972, do hereby make it punishable for any public shall be punished with a fine not exceeding the equivalent of six (6) months'
official or employee, whether of the national or local governments, to receive, salary or suspension not exceeding one (1) year, or removal depending on
directly or indirectly, and for private persons to give, or offer to give, any gift, the gravity of the offense after due notice and hearing by the appropriate
present or other valuable thing to any occasion, including Christmas, when body or agency. If the violation is punishable by a heavier penalty under
such gift, present or other valuable thing is given by reason of his official another law, he shall be prosecuted under the latter statute. Violations of
position, regardless of whether or not the same is for past favor or favors or Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not
the giver hopes or expects to receive a favor or better treatment in the future exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000),
from the public official or employee concerned in the discharge of his official or both, and, in the discretion of the court of competent jurisdiction,
functions. Included within the prohibition is the throwing of parties or disqualification to hold public office.
entertainments in honor of the official or employees or his immediate
relatives.
For violation of this Decree, the penalty of imprisonment for not less than one
(1) year nor more than five (5) years and perpetual disqualification from
PUNISHING RPC RA 3019 PD46
public office shall be imposed. The official or employee concerned shall
GIFTS?
likewise be subject to administrative disciplinary action and, if found guilty,
By reason of YES YES YES
shall be meted out the penalty of suspension or removal, depending on the
position?
seriousness of the offense.
Consideration 210- crime/ not Sec 3 (b & c) N/A
Any provision of law, executive order, rule or regulation or circular
for act/ crime/ not perform -contract
inconsistent with this Decree is hereby repealed or modified accordingly.
omission? 211-receiving -permit/ license
This Decree shall take effect immediately after its publication.
211A-refrain from
Done in the City of Manila, this 10th day of November, in the year of Our Lord,
metting/prosecuting
nineteen hundred and seventy-two.
Amt/ Value? N/A Sec 3- N/A Valuable thing is
Compare RA 3019, section 14, 1st para. On family given
occasions,
Section 14. Exception. Unsolicited gifts or presents of small or insignificant national
value offered or given as a mere ordinary token of gratitude or friendship festivities- must
according to local customs or usage, shall be excepted from the provisions of be manifestly
this Act. excessive
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of Occasion for N/A Even on Including
any profession, lawful trade or occupation by any private person or by any giving? occasion of Christmas
public officer who under the law may legitimately practice his profession, family
trade or occupation, during his incumbency, except where the practice of occasions,
such profession, trade or occupation involves conspiracy with any other national
person or public official to commit any of the violations penalized in this Act. festivities- must
be manifestly
excessive

3. RA 6713
RA 6713, section 11(a) 4. Plunder
 a. Offense and Penalty (P75,000,000.00), shall be guilty of the crime of plunder and shall be
punished by life imprisonment with perpetual absolute disqualification from
RA 7080, Section 1, Section 2, Section 4, Section 5 2nd sentence. holding any public office. Any person who participated with said public
officer in the commission of plunder shall likewise be punished. In the
Section 1. Definition of Terms - As used in this Act, the term - imposition of penalties, the degree of participation and the attendance of
a) Public Officer means any person holding any public office in the mitigating and extenuating circumstances shall be considered by the court.
Government of the Republic of the Philippines by virtue of an appointment, The court shall declare any and all ill-gotten wealth and their interests and
election or contract. other incomes and assets including the properties and shares of stock
b) Government includes the National Government, and any of its derived from the deposit or investment thereof forfeited in favor of the State.
subdivisions, agencies or instrumentalities, including government-owned or -
controlled corporations and their subsidiaries. Section 4. Rule of Evidence - For purposes of establishing the crime of
c) Person includes any natural or juridical person, unless the context plunder, it shall not be necessary to prove each and every criminal act done
indicates otherwise. by the accused in furtherance of the scheme or conspiracy to amass,
d) Ill-gotten wealth means any asset, property, business enterprise or accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond
material possession of any person within the purview of Section Two (2) reasonable doubt a pattern of overt or criminal acts indicative of the overall
hereof, acquired by him directly or indirectly through dummies, nominees, unlawful scheme or conspiracy.
agents, subordinates and/or business associates by any combination or
series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public Section 5. Suspension and Loss of Benefits - Any public officer against
funds or raids on the public treasury; whom any criminal prosecution under a valid information under this Act in
2) By receiving, directly or indirectly, any commission, gift, share, percentage, whatever stage of execution and mode of participation, is pending in court,
kickbacks or any other form of pecuniary benefit from any person and/or shall be suspended from office. Should he be convicted by final judgment, he
entity in connection with any government contract or project or by reason of shall lose all retirement or gratuity benefits under any law, but if he is
the office or position of the public officer concerned; acquitted, he shall be entitled to reinstatement and to the salaries and other
3) By the illegal or fraudulent conveyance or disposition of assets belonging benefits which he failed to receive during suspension, unless in the
to the National Government or any of its subdivisions, agencies or meantime, administrative proceedings have been filed against him.
instrumentalities or government-owned or -controlled corporations and
their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of
stock, equity or any other form of interest or participation including promise
b. Elements
of future employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other
Estrada vs. Sandiganbayan, G.R. No. 148560, November 19, 2001.
combinations and/or implementation of decrees and orders intended to
benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship,
Macapagal-Arroyo v. People, G.R. No. 220598, July 19, 2016. En Banc
connection or influence to unjustly enrich himself or themselves at the
Decision
expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.
Macapagal-Arroyo v. People, G.R. No. 220598, April 18, 2017, En
See Section 2 As amended by Section 12 of RA No.7659
Banc Resolution
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer
who, by himself or in connivance with members of his family, relatives by
Class Discussion:
affinity or consanguinity, business associates, subordinates or other persons,
Elements:
amasses, accumulates or acquires ill-gotten wealth through a combination or
1) Public Officer, acting by himself or in connivance with others
series of overt or criminal acts as described in Section 1(d) hereof, in the
2) Amassed wealth through single or series of acts in Plunder Law
aggregate amount or total value of at least Seventy-five million pesos
3) >/= 75M

What are the 2 kinds of conspiracy in Macapagal-Arroyo?
1) Wheel
2) Chain
For wheel there needs to be a single person, in chain there does not need an
express agreement. (Like an implied conspiracy).
Re: added main plunderer—this was not an added element. Just highlights the
element that there must be a public officer.
What other reason the Main Plunderer thing is important: 10 accused, 366M
alleged. 366/10 = 36.6M. This does not satisfy the amount for plunder. There must
be ONE. Unless GMA was the main plunderer. If they were all the main plunderer it
would not reach.
5. Money Laundering
RA 9160 as amended by RA 9194 and RA 10365, section 3(i)(3,4,15,17), section
14(a).
SEC. 3. Definitions. — For purposes of this Act, the following terms are
hereby defined as follows:
(i) “Unlawful activity” refers to any act or omission or series or combination
thereof involving or having relation to the following:
(1) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as
amended; otherwise known as the Anti-Graft and Corrupt Practices Act;
(2) Plunder under Republic Act No. 7080, as amended;
(3)Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as
amended, and Corruption of Public Officers under Article 212 of the Revised
Penal Code, as amended;
(4)Malversation of Public Funds and Property under Articles 217 and 222 of
the Revised Penal Code, as amended;
SEC. 14. Penal Provisions. —
(a) Penalties for the Crime of Money Laundering. The penalty of
imprisonment ranging from seven (7) to fourteen (14) years and a fine of not
less than Three million Philippine pesos (Php3,000,000.00) but not more
than twice the value of the monetary instrument or property involved in the
offense, shall be imposed upon a person convicted under Section 4(a) of this
Act.
The penalty of imprisonment from four (4) to seven (7) years and a fine of
not less than One million five hundred thousand Philippine pesos
(Php1,500,000.00) but not more than Three million Philippine pesos
(Php3,000,000.00), shall be imposed upon a person convicted under Section
4(b) of this Act.
The penalty of imprisonment from six (6) months to four (4) years or a fine of
not less than One hundred thousand Philippine pesos (Php100,000.00) but
not more than Five hundred thousand Philippine pesos (Php500,000.00), or
both, shall be imposed on a person convicted under Section 4(c) of this Act.
C. Means to Facilitate Criminal Proceedings
1. Suspension during Trial
Revised Penal Code, article 24(3)
RA 3019, section 13
Section 13. Suspension and loss of benefits. Any public officer against whom
any criminal prosecution under a valid information under this Act or under
the provisions of the Revised Penal Code on bribery is pending in court, shall
be suspended from office. Should he be convicted by final judgment, he shall
lose all retirement or gratuity benefits under any law, but if he is acquitted,
he shall be entitled to reinstatement and to the salaries and benefits which he
failed to receive during suspension, unless in the meantime administrative
proceedings have been filed against him.
RA 7080, Section 5, 1st paragraph
2. Grant of Immunity to Witnesses
PD 749 (1975)
Republic Act No. 6770, Section 17 (1989)
D. Jurisdiction
1. Preliminary Investigation
a. Office of the Ombudsman; Office of the Special Prosecutor
 Const. (1987), article XI, sections 5, 7
Section 5. There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one
overall Deputy and at least one Deputy each for Luzon, Visayas, and
Mindanao. A separate Deputy for the military establishment may likewise be
appointed.
Section 7. The existing Tanodbayan shall hereafter be known as the Office of
the Special Prosecutor. It shall continue to function and exercise its powers as
now or hereafter may be provided by law, except those conferred on the
Office of the Ombudsman created under this Constitution.
RA 6770, section 11(3-4)
Section 11. Structural Organization. — The authority and responsibility for
the exercise of the mandate of the Office of the Ombudsman and for the
discharge of its powers and functions shall be vested in the Ombudsman, who
shall have supervision and control of the said office.
(3) The Office of the Special Prosecutor shall be composed of the Special
Prosecutor and his prosecution staff. The Office of the Special Prosecutor
shall be an organic component of the Office of the Ombudsman and shall be
under the supervision and control of the Ombudsman.
(4) The Office of the Special Prosecutor shall, under the supervision and
control and upon the authority of the Ombudsman, have the following
powers:
(a) To conduct preliminary investigation and prosecute criminal
cases within the jurisdiction of the Sandiganbayan;
(b) To enter into plea bargaining agreements; and
(c) To perform such other duties assigned to it by the Ombudsman.
The Special Prosecutor shall have the rank and salary of a Deputy
Ombudsman.
Class Discussion: Can they delegate?
*Check summary of MOA of DOJ & Ombudsman.
Basically, OMB can deputize.
Several officers, above 27 SG and below 27 SG. Where do you go? SB.
b. Deputized Prosecutors
RA 6770, section 31, 1st par
Section 31. Designation of Investigators and Prosecutors. — The
Ombudsman may utilize the personnel of his office and/or designate or
deputize any fiscal, state prosecutor or lawyer in the government service to
act as special investigator or prosecutor to assist in the investigation and
prosecution of certain cases. Those designated or deputized to assist him
herein provided shall be under his supervision and control.
Recommended reading: Memorandum of Agreement of Office of the
Ombudsman and the Department of Justice, 29 March 2012 (if it can be
found)
2.Adjudication
a. Trial
PD 1606, as amended by RA 10660, section 4, 1st – 4th par
"SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise exclusive original
jurisdiction in all cases involving:
a. Violations of Republic Act No. 3019, as amended, otherwise known as the
Anti-Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter
II, Section 2, Title VII, Book II of the Revised Penal Code, where one or
more of the accused are officials occupying the following positions in the
government, whether in a permanent, acting or interim capacity, at the
time of the commission of the offense:
(1) Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade ’27’ and higher, of
the Compensation and Position Classification Act of 1989 (Republic
Act No. 6758), specifically including:
(a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan, and provincial treasurers, assessors, engineers, and
other provincial department heads:
(b) City mayors, vice-mayors, members of the sangguniang panlungsod,
city treasurers, assessors, engineers, and other city department
heads;
(c) Officials of the diplomatic service occupying the position of consul
and higher;
(d) Philippine army and air force colonels, naval captains, and all officers
of higher rank;
(e) Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent and higher;
(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
(g) Presidents, directors or trustees, or managers of government-owned
or controlled corporations, state universities or educational
institutions or foundations.
(2) Members of Congress and officials thereof classified as Grade ’27’
and higher under the Compensation and Position Classification Act of
1989;
(3) Members of the judiciary without prejudice to the provisions of the
Constitution;
 (4) Chairmen and members of the Constitutional Commissions, without
prejudice to the provisions of the Constitution; and
(5) All other national and local officials classified as Grade ’27’ and
higher under the Compensation and Position Classification Act of
1989.
b. Other offenses or felonies whether simple or complexed with other
crimes committed by the public officials and employees mentioned in
subsection a. of this section in relation to their office.
c. Civil and criminal cases filed pursuant to and in connection with
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
Provided, That the Regional Trial Court shall have exclusive original
jurisdiction where the information: (a) does not allege any damage to the
government or any bribery; or (b) alleges damage to the government or
bribery arising from the same or closely related transactions or acts in an
amount not exceeding One million pesos (P1,000,000.00).
Subject to the rules promulgated by the Supreme Court, the cases falling
under the jurisdiction of the Regional Trial Court under this section shall be
tried in a judicial region other than where the official holds office.
In cases where none of the accused are occupying positions corresponding to
Salary Grade ’27’ or higher, as prescribed in the said Republic Act No. 6758,
or military and PNP officers mentioned above, exclusive original jurisdiction
thereof shall be vested in the proper regional trial court, metropolitan trial
court, municipal trial court, and municipal circuit trial court, as the case may
be, pursuant to their respective jurisdictions as provided in Batas Pambansa
Blg. 129, as amended.
The Sandiganbayan shall exercise exclusive appellate jurisdiction over final
judgments, resolutions or orders of regional trial courts whether in the
exercise of their own original jurisdiction or of their appellate jurisdiction as
herein provided.
The Sandiganbayan shall have exclusive original jurisdiction over petitions
for the issuance of the writs of mandamus, prohibition, certiorari, habeas
corpus, injunctions, and other ancillary writs and processes in aid of its
appellate jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may be filed under
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
The procedure prescribed in Batas Pambansa Blg. 129, as well as the
implementing rules that the Supreme Court has promulgated and may
hereafter promulgate, relative to appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions for review filed with the
Sandiganbayan. In all cases elevated to the Sandiganbayan and from the
Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through
its special prosecutor, shall represent the People of the Philippines, except in
cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
In case private individuals are charged as co-principals, accomplices or
accessories with the public officers or employees, including those employed
in government-owned or controlled corporations, they shall be tried jointly
with said public officers and employees in the proper courts which shall
exercise exclusive jurisdiction over them.
Any provisions of law or Rules of Court to the contrary notwithstanding, the
criminal action and the corresponding civil action for the recovery of civil
liability shall at all times be simultaneously instituted with, and jointly
determined in, the same proceeding by the Sandiganbayan or the appropriate
courts, the filing of the criminal action being deemed to necessarily carry
with it the filing of the civil action, and no right to reserve the filing of such
civil action separately from the criminal action shall be recognized: Provided,
however, That where the civil action had heretofore been filed separately but
judgment therein has not yet been rendered, and the criminal case is
hereafter filed with the Sandiganbayan or the appropriate court, said civil
action shall be transferred to the Sandiganbayan or the appropriate court, as
the case may be, for consolidation and joint determination with the criminal
action, otherwise the separate civil action shall be deemed abandoned."
“Jurisdiction of Sandiganbayan”, at
http://sb.judiciary.gov.ph/aboutsb.html
The jurisdiction of the Sandiganbayan is perhaps one of the most often
amended provision from the 1973 Constitution to RA 8249 of 1997. Before
RA 8249, jurisdiction of the Sandiganbayan was determined on the basis of
the penalty imposable on the offense charged. Then, it was amended such
that regardless of the penalty, so long as the offense charged was committed
by a public officer, the Sandiganbayan was vested with jurisdiction. Under RA
8249, to determine whether the Sandiganbayan has jurisdiction, lawyers
must look into two (2) criteria, namely:
The nature of the offense and The salary grade of the public official.
Thus, Sec.4 of RA 8249 provides that the Sandiganbayan shall have original
exclusive jurisdiction over:
I.) Violations of RA 3019 (Anti-graft and Corrupt Practices Law);
II.) RA 1379 (Forfeiture of Illegally Acquired Wealth);
III.)Crimes by public officers or employees embraced in Ch. II, Sec.2 Title VII,
Bk. II of the RPC (Crimes committed by Public Officers) namely:
a) Direct Bribery under Art. 210 as amended by BP 871, May 29, 1985;
b) Indirect Bribery under Art. 211 as amended by BP 871, May 29, 1985;
c) Qualified Bribery under Art. 211-A as amended by RA 7659, Dec. 13,
1993;
d) Corruption of public officials under Art. 212
where one or more of the accused are officials occupying the following
positions in the government whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:
1) Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade 27 and higher, of the
Compensation and Position Classification Act of 1989 Republic Act No.
6758) specifically including:
a) Provincial governors, vice-governors, members of the
sangguniang panlalawigan, provincial treasurers, assessors,
engineers and other provincial department heads;
b) City mayors, vice-mayors, members of the sangguniang
panglungsod, city treasurers, assessors, engineers and other
department heads;
c) Officials of the diplomatic service occupying the position of
consul and higher;
d) Philippine Army and Air force colonels, naval captains and all
officers of higher rank;
e) Officers of the PNP while occupying the position of Provincial
Director and those holding the rank of Senior Superintendent or
higher;
f) City and provincial prosecutors and their assistants; officials and
the prosecutors in the Office of the Ombudsman and special
prosecutor ;
g) President, directors or trustees or managers of government
owned or controlled corporations, state universities or
educational institutions or foundations;
2) Members of Congress and Officials thereof classified as Grade 27 and up
under the Compensation and Classification Act of 1989;
3) Members of the Judiciary without prejudice to the provision of the
Constitution;
4) Chairmen and members of Constitutional Commissions, without
prejudice to the provision of the Constitution;
5) All other national and local officials classified as Grade 27 and higher
under the Compensation and Position Classification Act of 1989.
IV.) Other offenses or felonies whether simple or complexed with other
crimes committed in relation to their office by the public officials and
employees mentioned above;
V.) Civil and Criminal Cases filed pursuant to and in connection with EO
1, 2, 14 & 14-A issued in 1986
VI.) Petitions for issuance of Writ of mandamus, prohibition, certiorari,
habeas corpus, injunction and other ancillary writs and processes in
aid of its appellate jurisdiction; Provided, jurisdiction is not exclusive
of the Supreme Court
VII.) Petitions for Quo Warranto arising or that may arise in cases filed or
that may be filed under EO 1, 2, 14 & 14- A
VIII.) OTHERS provided the accused belongs to SG 27 or higher:
a.) Violation of RA 6713 - Code of Conduct and Ethical Standards
b.) Violation of RA 7080 - THE PLUNDER LAW
c.) Violation of RA 7659 - The Heinous Crime Law
d.) RA 9160 - Violation of The Anti-Money Laundering Law when
committed by a public officer
e.) PD 46 referred to as the gift-giving decree which makes it punishable
for any official or employee to receive directly or indirectly and for
the private person to give or offer to give any gift, present or other
valuable thing on any occasion including Christmas, when such gift,
present or valuable thing is given by reason of his official position,
regardless of whether or not the same is for past favors or the giver
hopes or expects to receive a favor or better treatment in the future
from the public official or employee concerned in the discharge of his
official functions. Included within the prohibition is the throwing of
parties or entertainment in honor of the official or employee or his
immediate relatives.
f.) PD 749 which grants immunity from prosecution to any person who
voluntarily gives information about any violation of Art.210, 211 or
212 of the RPC, RA 3019, Sec.345 of the NIRC, Sec. 3604 of the
Customs and Tariff Code and other provisions of the said Codes
penalizing abuse or dishonesty on the part of the public officials
concerned and other laws, rules and regulations penalizing graft,
corruption and other forms of official abuse and who willingly
testifies against the public official or employee subject to certain
conditions.
It should be noted that private individuals can be sued in cases before the
Sandiganbayan if they are alleged to be in conspiracy with the public officer.
The Sandiganbayan is vested with Appellate Jurisdiction over final
judgments, resolutions or orders of the RTC whether in the exercise of their
original or appellate jurisdiction over crimes and civil cases falling within the
original exclusive jurisdiction of the Sandiganbayan but which were the case may be, for consolidation and joint determination with the criminal
committed by public officers below Salary Grade 27. action, otherwise the separate civil action shall be deemed abandoned.

b. Appeal XII. Administrative Liabilities of Public Officers

(1) In General
PD 1606, as amended by RA 10660, section 4, 5th par.
Section 4. The Sandiganbayan shall exercise exclusive appellate jurisdiction Class Discussion: RA7160- Grave, Less Grave, Light Penalties. New RACCS now
over final judgments, resolutions or orders of regional trial courts whether in includes: Sexual harassment and violations RA 9485
the exercise of their own original jurisdiction or of their appellate jurisdiction
as herein provided. ON AGENCY:
EO292- CSC (Is this only appellate? NO. A complaint can be filed directly with the
The Sandiganbayan shall have exclusive original jurisdiction over petitions CSC)
for the issuance of the writs of mandamus, prohibition, certiorari, habeas RA 7160- SBayan, SPanlalawigan. But who imposes removal from office under RA
corpus, injunctions, and other ancillary writs and processes in aid of its 7160- COURT.
appellate jurisdiction and over petitions of similar nature, including quo EO43- President. PACC to investigate and assist, President may also do it himself
warranto, arising or that may arise in cases filed or which may be filed under (Sec 5(a) as amended)
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the RA6770- OMB
jurisdiction over these petitions shall not be exclusive of the Supreme Court. Impeachment- Senate. RA6770 says abt impeachable officers: Sec 22 (OMB can
investigate for purpose of filing verified complaint of impeachment)
The procedure prescribed in Batas Pambansa Blg. 129, as well as the
implementing rules that the Supreme Court has promulgated and may Penalty: Removal from office, DQ.
hereafter promulgate, relative to appeals/petitions for review to the Court of Can the OMB remove someone? Yes.
Appeals, shall apply to appeals and petitions for review filed with the
Sandiganbayan. In all cases elevated to the Sandiganbayan and from the What about members of congress? They can impose themselves. Removal;
Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through suspension 60 days, vote 2/3. (CONSTITUTION)
its special prosecutor, shall represent the People of the Philippines, except in
cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986. Q: How long can a municipal mayor be suspended? If under RA 7160- 60-90 days;
RA 6770- 6 mos.
In case private individuals are charged as co-principals, accomplices or (go back to the jd table)
accessories with the public officers or employees, including those employed
in government-owned or controlled corporations, they shall be tried jointly
with said public officers and employees in the proper courts which shall JURISDICTION OVER ADMIN CASES
exercise exclusive jurisdiction over them. EO 292 RA 7160 EO 43 RA 6770 IMPEACHMENT
(2017)
Any provisions of law or Rules of Court to the contrary notwithstanding, the Public Office Sec 46 Sec 21
criminal action and the corresponding civil action for the recovery of civil not (b)/ (c)
liability shall at all times be simultaneously instituted with, and jointly Local Sec 60 Sec 21
determined in, the same proceeding by the Sandiganbayan or the appropriate elective
courts, the filing of the criminal action being deemed to necessarily carry officials
with it the filing of the civil action, and no right to reserve the filing of such Presidential 5 (a) Sec 21
civil action separately from the criminal action shall be recognized: Provided, Appointees
however, That where the civil action had heretofore been filed separately but Congress
judgment therein has not yet been rendered, and the criminal case is Impeachable Art VI, Sec 2
hereafter filed with the Sandiganbayan or the appropriate court, said civil officials
action shall be transferred to the Sandiganbayan or the appropriate court, as
 (22) Willful failure to pay just debts or willful failure to pay taxes due to
A. Bases for Liability the government;
(23) Contracting loans of money or other property from persons with
1. Grounds under Civil Service Law whom the office of the employee concerned has business relations;
(24) Pursuit of private business, vocation or profession without the
Executive Order No. 292, Book V, Title I, Subtitle A, Chapter 7, Section permission required by Civil Service rules and regulations;
46(a-b) (25) Insubordination;
SEC. 46. Discipline: General Provisions. — (a) No officer or (26) Engaging directly or indirectly in partisan political activities by one
employee in the Civil Service shall be suspended or dismissed except for holding a non-political office;
cause as provided by law and after due process. (27) Conduct prejudicial to the best interest of the service;
(b) The following shall be grounds for disciplinary action: (28) Lobbying for personal interest or gain in legislative halls or offices
(1) Dishonesty; without authority;
(2) Oppression; (29) Promoting the sale of tickets in behalf of private enterprises that are
(3) Neglect of duty; not intended for charitable or public welfare purposes and even in the
(4) Misconduct; latter cases if there is no prior authority;
(5) Disgraceful and immoral conduct; a.) (30) Nepotism as defined in Section 60 of this Title.
(6) Being notoriously undesirable;
(7) Discourtesy in the course of official duties; Recommended reading: 2017 Rules on Administrative Cases in the Civil
(8) Inefficiency and incompetence in the performance of official duties; Service (2017 RACCS), Rule 10, Sections 50-51
(9) Receiving for personal use of a fee, gift or other valuable thing in the
course of official duties or in connection therewith when such fee, gift, or Rule 10
other valuable thing is given by any person in the hope or expectation of ADMINISTRATIVE OFFENSES AND PENALTIES
receiving a favor or better treatment than that accorded other persons, Section 50. Classification of Offenses. Administrative offenses with
or committing acts punishable under the anti-graft laws; corresponding penalties are classified into grave, less grave and light,
(10) Conviction of a crime involving moral turpitude; depending on their gravity or depravity and effects on the government
(11) Improper or unauthorized solicitation of contributions from service.
subordinate employees and by teachers or school officials from school A. The following grave offenses shall be punishable by dismissal from the
children; service:
(12) Violation of existing Civil Service Law and rules or reasonable office 1. Serious Dishonesty;
regulations; 2. Gross Neglect of Duty;
(13) Falsification of official document; 3. Grave Misconduct;
(14) Frequent unauthorized absences or tardiness in reporting for duty, 4. Being Notoriously Undesirable;
loafing or frequent unauthorized absences from duty during regular 5. Conviction of a crime involving Moral Turpitude;
office hours; 6. Falsification of Official Document;
(15) Habitual drunkenness; 7. Physical or mental disorder or disability due to immoral or vicious
(16) Gambling prohibited by law; habits;
(17) Refusal to perform official duty or render overtime service; 8. Receiving for personal use of a fee, gift or other valuable thing in the
(18) Disgraceful, immoral or dishonest conduct prior to entering the course of official duties or in connection therewith when such fee,
service; gift or other valuable thing is given by any person in the hope or
(19) Physical or mental incapacity or disability due to immoral or vicious expectation of receiving a favor or better treatment than that
habits; accorded to other persons, or committing acts punishable under the
(20) Borrowing money by superior officers from subordinates or lending anti-graft laws;
by subordinates to superior officers; 9. Contracting loans of money or other property from persons with
(21) Lending money at usurious rates of interest; whom the office of the employee has business relations;
 10. Soliciting or accepting directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value in the course of
one’s official duties or in connection with any operation being
regulated by, or any transaction which may be affected by the
functions of one’s office. The propriety or impropriety of the
foregoing shall be determined by its value, kinship, or relationship
between giver and receiver and the motivation. A thing of monetary
value is one which is evidently or manifestly excessive by its very
nature;
11. Nepotism; and
12. Disloyalty to the Republic of the Philippines and to the Filipino
people.
B. The following grave offenses shall be punishable by suspension of six (6)
months and one (1) day to one (1) year for the first offense and dismissal
from the service for the second offense:
1. Less serious dishonesty;
2. Oppression;
3. Disgraceful and Immoral Conduct;
4. Inefficiency and Incompetence in the Performance of Official Duties;
5. Frequent Unauthorized Absences (Habitual Absenteeism)
6. Habitual tardiness in reporting for duty causing prejudice to the
operations of the office;
7. Loafing from Duty During Regular Office Hours
8. Refusal to Perform Official Duty
9. Gross Insubordination
10. Conduct Prejudicial to the Best Interest of the Service;
11. Directly or indirectly having financial and material interest in any
transaction requiring the approval of one’s office. Financial and
material interest is defined as pecuniary or proprietary interest by
which a person will gain or lose something;
12. Owning, controlling, managing or accepting employment asofficer,
employee, consultant, counsel, broker, agent, trustee, or nominee in
any private enterprise regulated, supervised or licensed by one’s
office, unless expressly allowed by law;
13. Disclosing or misusing confidential or classified information
officially known by reason of one’s office and not made available to the
public, to further one’s private interests or give undue advantage to
anyone, or to prejudice the public interest;
14. Obtaining or using any statement filed under the Code of Conduct
and Ethical Standards for Public Officials and Employees 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; and
15. Recommending any person to any position in a private enterprise
which has a regular or pending official transaction with one’s office,
unless such recommendation or referral is mandated by (1) law, or (2)
international agreements, commitment and obligation, or (3) as part of
the function of one’s office.
C. The grave offense of Inefficiency and Incompetence in the performance of
official duties may be punishable by Demotion. In this case, the guilty person
shall suffer diminution in salary corresponding to the next lower salary grade
with the same salary step.
The following less grave offenses are punishable by suspension of one (1)
month and one (1) day to six (6) months for the first offense; and dismissal
from the service for the second offense:
1. Simple Neglect of Duty;
2. Simple Misconduct;
3. Discourtesy in the Course of Official Duties;
4. Violation of existing Civil Service Law
and rules of serious nature;
5. Insubordination;
6. Habitual Drunkenness;
7. Unfair discrimination in rendering public service due to party
affiliation or preference;
8. Failure to file sworn statements of assets, liabilities and net worth,
and disclosure of business interest and financial connections
including those of one’s spouse and unmarried children under
eighteen (18) years of age living in one’s household;
9. Failure to resign from one’s position in the private business
enterprise within thirty (30) days from assumption of public office
when conflict of interest arises, and/or failure to divest oneself of
one’s shareholdings or interest in private business enterprise within
sixty (60) days from assumption of public office when conflict of
interest arises; Provided, however, that for those who are already in
the service and conflict of interest arises, the official or employee
must either resign or divest himself/herself of said interest within
the periods hereinabove provided, reckoned from the date when the
conflict of interest had arisen; and
10. Engaging directly or indirectly in partisan political activities by one
holding non-political office.
E. The less grave offense of Simple Dishonesty is punishable by suspension of
one (1) month and one (1) day to six (6) months for the first offense; six (6)
months and one (1) day to one (1) year for the second offense; and dismissal
for the third offense.
F. The following light offenses are punishable by reprimand for the first
offense; suspension of one (1) to thirty (30) days for the second offense; and
dismissal from the service for the third offense:
1. Simple discourtesy in the Course of Official Duties;
2. Improper or unauthorized solicitation of contributions from subordinate
employees and in the case of
teachers or school officials from school children;
3. Violation of Reasonable Office Rules and Regulations;
4. Habitual Tardiness;
5. Gambling Prohibited by Law;
6. Refusal to Render Overtime Service;
7. Disgraceful, Immoral or Dishonest Conduct Prior to Entering the service;
8. Borrowing Money by Superior Officers from Subordinates;
9. Willful failure to pay just debts or willful failure to pay taxes due to the
government;
The term “just debts” shall apply only to:
1. Claims adjudicated by a court of law, or
2. Claims the existence and justness of which are admitted by the
debtor.
10. Lobbying for personal interest or gain in legislative halls and offices
without authority;
11. 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;
12. Failure to act promptly on letters and request within fifteen (15) working
days from receipt, except as otherwise provided in the rules
implementing the Code of Conduct and Ethical Standards for Public
Officials and Employees;
13. Failure to process documents and complete action on documents and
papers within a reasonable time from preparation thereof, except as
otherwise provided in the rules implementing the Code of Conduct
and Ethical Standards for Public Officials and Employees;
14. Failure to attend to anyone who wants to avail himself/herself of the
services of the office, or act promptly and expeditiously on public
transactions;
15. Engaging in private practice of one’s profession unless authorized by
the Constitution, law or regulation or the head of the office where the
employee or official is assigned, and provided that such practice will
not conflict with one’s official functions.
16. Pursuit of private business, vocation or profession without the
permission required by Civil Service rules and regulations.
Section 51. Other Specific Offenses. The following acts also constitute
administrative offenses.
A. The Offense of Sexual Harassment.
I. Grave Offenses punishable by dismissal from the service shall include, but
are not limited to:
a. unwanted touching of private parts of the body (inner thighs,
genitalia, buttocks and breast);
b. sexual assault;
c. malicious touching;
d. requesting for sexual favor in exchange for employment,
promotion, local or foreign travels, favorable working conditions or
assignments, a passing grade, the granting of honors or scholarship,
or the grant of benefits or payment of a stipend or allowance; and
e. other analogous cases.
II. Less Grave Offenses shall include, but are not limited to:
a. unwanted touching or brushing against a victim’s body;
b. pinching not falling under grave offenses;
c. derogatory or degrading remarks or innuendoes directed toward
the members of one sex, or one’s sexual orientation or used to
describe a person;
d. verbal abuse with sexual overtones; and
e. other analogous cases.
III. Light Offenses shall include, but are not limited to:
a. surreptitiously looking at a person’s private part or worn
undergarments;
b. making sexist statements and uttering smutty jokes or sending
these through text, electronic mail including but not limited to social
media platform, causing embarrassment or offense and carried out
after the offender has been advised that they are offensive or
embarrassing or, even without such advise, when they are by their
nature clearly embarrassing, offensive or vulgar;
c. malicious leering or ogling;
d. display of sexually offensive pictures, materials or graffiti;
e. unwelcome inquiries or comments about a person’s sex life;
f. unwelcome sexual flirtation, advances, propositions;
g. making offensive hand or body gestures at an employee;
h. persistent unwanted attention with sexual overtones;
i. unwelcome phone calls with sexual overtones causing discomfort,
embarrassment, offense or insult to the receiver; and
j. other analogous cases.

IV. For the purpose of these Rules, the administrative offense of sexual
harassment is further described in the following circumstances:
a. Work-related sexual harassment is committed under the following
circumstances:
1. submission to or rejection of the act or series of acts is used as a
basis for any employment decision (including, but not limited to,
matters related to hiring, promotion, raise in salary, job security,
benefits and any other human resource action) affecting the
applicant/employee; or
2. the act or series of acts have the purpose or effect of interfering
with the complainant’s work performance, or creating an
intimidating, hostile or offensive work environment; or
3. the act or series of acts might reasonably be expected to cause
discrimination, insecurity, discomfort, offense or humiliation to a
complainant who may be a trainee, apprentice, intern, tutee or ward
of the person complained of.
b. Education or training-related sexual harassment is committed against one
who is under the actual or constructive care, custody or supervision of the
offender, or against one whose education, training, apprenticeship, internship
or tutorship is directly or constructively entrusted to, or is provided by, the
offender, when:
1. submission to or rejection of the act or series of acts as a basis for
any decision affecting the complainant, including, but not limited to,
the giving of a grade, the granting of honors or a scholarship, the
payment of a stipend or allowance, or the giving of any benefit,
privilege or consideration; or
2. the act or series of acts have the purpose or effect of interfering with
the performance, or creating an intimidating, hostile or offensive
academic environment of the complainant; or
3. the act or series of acts might reasonably be expected to cause
discrimination, insecurity, discomfort, offense or humiliation to a
complainant who may be a trainee, apprentice, intern, tutee or ward
of the person complained of.
c. The offense may also take place in the following instances:
1. in the premises of the workplace or office or of the school or training
institution;
2. in any place where the parties were found as a result of work or
education or training responsibilities or relations;
3. at work or education or training-related social functions;
4. while on official business outside the office or school or training
institution or during work or school or training- related travel;
5. at official conferences, fora, symposia or training sessions; or
6. by telephone, cellular phone, fax machine or electronic mail.
V. Persons Liable for Sexual Harassment.
Any government official or employee, regardless of sex, is liable for sexual
harassment when he/she:
a. directly participates in the execution of any act of sexual harassment as
defined by these Rules;
b. induces or directs another or others to commit sexual harassment as
defined by these Rules;
c. cooperates in the commission of sexual harassment by another through an
act without which the sexual harassment would not have been accomplished;
d. cooperates in the commission of sexual harassment by another through
previous or simultaneous acts.
B. Violations of Republic Act No. 9485 or Anti-Red Tape Act of 2007.
I. Grave Offense:
Fixing and/or collusion with fixers in consideration of economic and/or other
gain or advantage shall be penalized by Dismissal and perpetual
disqualification from public service.
II. Light Offenses:
a. Refusal to accept application and/or request within the prescribed period
or any document being submitted by a client;
b. Failure to act on an application and/or request or failure to refer back to
the client a request which cannot be acted upon due to lack of requirements
within the prescribed period;
c. Failure to attend to clients who are within the premises of the office or
agency concerned prior to the end of official working hours and during lunch
break;
d. Failure to render frontline services within the prescribed period on any
application and/or request without due cause;
e. Failure to give the client a written notice on the disapproval of an
application or request; and
f. Imposition of additional irrelevant requirements other than those listed in
the first notice.
g. The foregoing light offenses shall be penalized as follows:
First Offense - Thirty (30) days suspension without pay and mandatory
attendance in Values Orientation Program;
Second Offense – Three months suspension without pay;
 Third Offense – Dismissal and perpetual disqualification from public service
CSC v. Ledesma, G.R. No. 154521, September 30, 2005.
Class Discussion: Simple misconduct v Serious/ Grave.
Serious misconduct includes simple misconduct. If charged w simple misconduct,
you can only be convicted of simple misconduct or something lesser, and not
graver. If Serious, pwede lesser.
Office of the Ombudsman-Visayas v. Castro, G.R. No. 172637, April
22, 2015.
Class Discussion: Not Grave Misconduct (which pertains to functions); but Conduct
Prejudicial to the Service (not connected to the function)
Escaño v. Manaois, A.M. No. 16-02-01-CTA, November 15, 2016.
Class Discussion: This was a long list of bad stuff he did HAHAHA
2.Grounds under Other Laws
RA 3019, Section 8
Section 8. Dismissal due to unexplained wealth. If in accordance with the
provisions of Republic Act Numbered One thousand three hundred seventy-
nine, a public official has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an amount of property
and/or money manifestly out of proportion to his salary and to his other
lawful income, that fact shall be a ground for dismissal or removal. Properties
in the name of the spouse and unmarried children of such public official may
be taken into consideration, when their acquisition through legitimate means
cannot be satisfactorily shown. Bank deposits shall be taken into
consideration in the enforcement of this section, notwithstanding any
provision of law to the contrary.
RA 6713, section 11(b)
Section 11. Penalties. - (b) Any violation hereof proven in a proper
administrative proceeding shall be sufficient cause for removal or dismissal
of a public official or employee, even if no criminal prosecution is instituted
against him.
B. Jurisdiction
Const. (1987), article XI, section 2, 2nd sent.
Section 2. The President, the VicePresident, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the Ombudsman
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. All other public officers and
employees may be removed from office as provided by law, but not by
impeachment.
Class Discussion: Congress gets to decide how people are to be removed except
Impeachable Officers
1. In General
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 47
SEC. 47. Disciplinary Jurisdiction. —
(1) The Commission shall decide upon appeal all administrative
disciplinary cases involving the imposition of a penalty of suspension
for more than thirty days, or fine in an amount exceeding thirty days’
salary, demotion in rank or salary or transfer, removal or dismissal
from office. A complaint may be filed directly with the Commission
by a private citizen against a government official or employee in
which case it may hear and decide the case or it may deputize any
department or agency or official or group of officials to conduct the
investigation. The results of the investigation shall be submitted to
the Commission with recommendation as to the penalty to be
imposed or other action to be taken.
(2) The Secretaries and heads of 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. Their decisions shall
be final in case the penalty imposed is suspension for not more than
thirty days or fine in an amount not exceeding thirty days’ salary. In
case the decision rendered by a bureau or office head is appealable
to the Commission, the same may be initially appealed to the
department and finally to the Commission and pending appeal, the
same shall be executory except when the penalty is removal, in
which case the same shall be executory only after confirmation by
the Secretary concerned.
(3) An investigation may be entrusted to regional director or similar
officials who shall make the necessary report and recommendation
to the chief of bureau or office or department within the period
specified in Paragraph (4) of the following Section.
(4) An appeal shall not stop the decision from being executory, and 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.
Class Discussion: Can file at agency or CSC
Recommended reading: 2017 RACCS, Rule 2, Section 7A, Section 8A,
Section 9
Section 7. Cases Cognizable by the Commission. The Civil Service
Commission shall take cognizance of the following cases:
A. Disciplinary
1. Decisions of CSC ROs brought before it on petition for review;
2. Complaints brought against CSC officials and employees both in
the Central Office (CO) and CSC ROs.
For this purpose, CSC ROs shall conduct the investigation and submit
report and recommendation to the Commission in cases involving
their own appointed officials and employees. Complaints against CO
officials and employees shall be brought before the Commission
through the Office for Legal Affairs (OLA) unless the Commission
directs otherwise.
3. Complaints against officials who are not presidential appointees or
elective officials;
4. Decisions of disciplining authorities imposing penalties exceeding
thirty (30) days suspension or fine in an amount exceeding thirty
(30) days salary brought before it on appeal;
5. Decisions of disciplining authorities imposing penalties not
exceeding thirty (30) days suspension or fine equivalent to 30 days
salary but violating due process;
Section 8. Cases Cognizable by Regional Offices. Except as otherwise
directed by the Commission, the CSC ROs shall take cognizance of the
following cases:
A. Disciplinary
1. Cases initiated by, or brought before, the CSC ROs provided that
the alleged acts or omissions were committed within the jurisdiction
of the CSC RO, including fraudulent acquisition of civil service
eligibility (violation of Republic Act No. 9416)2 and its related
offenses.
2. Petitions to place respondent under preventive suspension in
connection with cases pending before the CSC RO concerned.
Recommended reading: 2017 RACCS, Rule 3, Section 15
Section 15. Jurisdiction of the CSC over Sexual Harassment Cases. In case
a complaint for sexual harassment is filed with the Commission, the same
shall be remanded to the agency where the alleged offender is employed.
However, the Commission may take cognizance of the case under any of the
following circumstances:
a.the agency has no CODI;
b.the disciplining authority is the subject of the complaint; c.the
subject of the complaint is a CODI member ; or
d. there is unreasonable delay in complying with the periods
provided in these Rules for the investigation and adjudication of a
sexual harassment complaint.
For this purpose, ther
e is unreasonable delay when any of the periods set in these Rules lapsed for
a period of more than thirty (30) days without justifiable reason.
2. Jurisdiction over Specific Classes of Public Officers
a .Jurisdiction over Judges and Other Judiciary Officers
Const. (1987), article VIII, section 11, 2nd sentence
Section 11. The Members of the Supreme Court and judges of the lower court
shall hold office during good behavior until they reach the age of seventy
years or become incapacitated to discharge the duties of their office. The
Supreme Court en banc shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of majority of the Members who
actually took part in the deliberations on the issues in the case and voted in
thereon.
Escaño v. Manaois, A.M. No. 16-02-01-CTA, November 15, 2016.
Manaois misapprehends the nature of the proceedings before the hearing
committee, and the actions it undertook. (Claimed Supreme Court had
jurisdiction—NO.)
The proceedings below were essentially investigative and the hearing
committee's actions were merely recommendatory. The hearing committee did
not directly impose any sanction on Manaois. In fact, it was explicitly stated
in the dispositive portion that the penalty was "subject to the approval of the
Supreme Court."
B, Jurisdiction over Ombudsman Officials
 Gonzales v. Office of the President, G.R. No. 196231, January 28,
2014, En Banc, J. Brion.
Class Discussion: ONLY THE OMBUDSMAN. Reversed earlier decision that OP has
jurisdiction over the Deputy Ombudsman. Now its only the OMB. But President has
jd over the Special Prosecutor (not directly under office of the Ombudsman in the
Constitution)
c. Procedure for Non-Presidential Appointees
Class Discussion:
How to start admin case:
1- Filing of complaint by citizen -> CSC or Agency -> PI-> notice of charge
2- Initiated by head of agency -> Summons (Formal charge)-> respond 3 days-10
days-> answer-> either [SUMMARY? DECISION] or RESPONDENTS CHOICE
(formal investigation or decision on available records)-> DECISION-> MR (15
days), APPEAL CSC (15 days)
Need for formal hearing? No. Only if elected by respondent (48(2))
Can there be summary proceeding? Yes (50)
Can you MR? yes (49)
1.Initiation of Administrative Proceedings
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 48(1-2)
SEC. 48. Procedures in Administrative Cases Against Non-
Presidential Appointees. — (1) Administrative proceedings may be
commenced against a subordinate officer or employee by the Secretary or
head of office of equivalent rank, or head of local government, or chiefs of
agencies, or regional directors, or upon sworn, written complaint of any other
person.
(2) In the case of a complaint filed by any other persons, the complainant
shall submit sworn statements covering his testimony and those of his
witnesses together with his documentary evidence. If on the basis of such
papers a prima facie case is found not to exist, the disciplining authority shall
dismiss the case. If a prima facie case exists, he shall notify the respondent in
writing, of the charges against the latter, to which shall be attached copies of
the complaint, sworn statements and other documents submitted, and the
respondent shall be allowed not less than seventy-two hours after receipt of
the complaint to answer the charges in writing under oath, together with
supporting sworn statements and documents, in which he shall indicate
whether or not he elects a formal investigation if his answer is not considered
satisfactory. If the answer is found satisfactory, the disciplining authority
shall dismiss the case.
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 46(c)
SEC. 46. Discipline: General Provisions. — (c) Except when initiated by the
disciplining authority, no complaint against a civil service official or
employee shall be given due course unless the same is in writing and
subscribed and sworn to by the complainant.
Recommended reading: 2017 RACCS, Rule 3, Sections 10-12
Rule 3 COMPLAINT
Section 10. Who May Initiate. Administrative proceedings may be initiated
by the disciplining authority motu proprio or upon complaint of any other
person.
Section 11. Requisites of a Valid Complaint. No complaint against an
official or employee shall be given due course unless the same is in writing,
subscribed and sworn to by the complainant. In cases initiated by the proper
disciplining authority or an authorized representative, a show cause order is
sufficient.
The complaint shall be written in a clear, simple and concise language and in
a systematic manner as to apprise the person complained of, of the nature
and cause of the accusation and to enable the person complained of to
intelligently prepare a defense or answer/comment. Should there be more
than one person complained of, the complainant is required to submit
additional copies corresponding to the number of persons complained of.
The complaint shall contain the following:
1. full name and address of the complainant;
2. full name and address of the person complained of as well as
his/her position and office;
3. a narration of the relevant and material facts which shows the acts
or omissions allegedly committed;
4. certified true copies of documentary evidence and affidavits of
his/her witnesses, if any; and
5. certification or statement of non-forum shopping.
The absence of any of the aforementioned requirements may cause the
dismissal of the complaint without prejudice to its refiling upon compliance
with the same.
Section 12. Anonymous Complaint. No anonymous complaint shall be
entertained unless the act complained of is of public knowledge or the
allegations can be verified or supported by documentary or direct evidence.
2. Preliminary Investigation
Recommended reading: 2017 RACCS, Rule 4, Sections 18, 22
Rule 4 PRELIMINARY INVESTIGATION
Section 18. Preliminary Investigation; Definition. A Preliminary
Investigation is a mandatory proceeding undertaken to determine whether a
prima facie case exists to warrant the issuance of a formal charge/notice of
charge.
Section 22. Decision or Resolution After Preliminary Investigation. If a
prima facie case is established after preliminary investigation, the
disciplining authority may issue either a formal charge or a notice of charge
pursuant to Rule 5 of these Rules.
In the absence of a prima facie case, the complaint shall be dismissed.
3.Charge and Answer
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 48(2)
SEC. 48. Procedures in Administrative Cases Against Non-
Presidential Appointees. — (2) In the case of a complaint filed by any other
persons, the complainant shall submit sworn statements covering his
testimony and those of his witnesses together with his documentary
evidence. If on the basis of such papers a prima facie case is found not to
exist, the disciplining authority shall dismiss the case. If a prima facie case
exists, he shall notify the respondent in writing, of the charges against the
latter, to which shall be attached copies of the complaint, sworn statements
and other documents submitted, and the respondent shall be allowed not less
than seventy-two hours after receipt of the complaint to answer the charges
in writing under oath, together with supporting sworn statements and
documents, in which he shall indicate whether or not he elects a formal
investigation if his answer is not considered satisfactory. If the answer is
found satisfactory, the disciplining authority shall dismiss the case.
2017 RACCS, Rule 5, Section 23-24
Rule 5
FORMAL CHARGE/NOTICE OF CHARGE
Section 23. Issuance of Formal Charge; Contents. After a finding of a prima
facie case, the disciplining authority shall formally charge the person
complained of, who shall now be called as respondent. The formal charge
shall contain a specification of charge, a brief statement of material or
relevant facts, which may be accompanied by certified true copies of the
documentary evidence, sworn statements covering the testimony of
witnesses, a directive to answer the charge in writing, under oath in not less
than three (3) days but not more than ten (10) days from receipt thereof, an
advice for the respondent to indicate in the answer whether or not a formal
investigation is demanded, and a notice that respondent may opt to be
assisted by a counsel.
Section 24. Notice of Charge. In instances where the complaint was initiated
by a person other than the disciplining authority, the disciplining authority
may issue a written notice of the charge against the person complained of
who will now be called respondent, to which shall be attached copies of the
complaint, sworn statement and other documents submitted. The notice shall
contain the charge against the respondent with a statement that a prima facie
case exists. It shall also include a directive to answer the charge in writing,
under oath in not less than three (3) days but not more than ten (10) days
from receipt thereof, and a notice that he/she may opt to be assisted by a
counsel of his/her choice and may elect to have a formal investigation.
If the respondent receives a notice of charge with incomplete attachments,
the respondent may request for the lacking documents within 10 days from
receipt of the formal/notice of charge and the period to answer will not run
until the same is received by the respondent.
Suggested reading: 2017 RACCS, Rule 6
Rule 6 ANSWER
Section 26. Requisites and Contents. The answer, which is in writing and
under oath, shall be specific and shall contain material facts and applicable
laws, if any, including original or certified copies of documentary evidence,
sworn statements covering testimonies of witnesses, if there be any, in
support of one’s case.
When the disciplining authority determines that the answer is satisfactory,
the case shall be dismissed. Otherwise, the investigation shall proceed.
Suggested reading: 2017 RACCS, Rule 8, Section 46, 2nd par.
Section 46. Effects of the Pendency of an Administrative or Criminal
Case. Except as otherwise provided by law, pendency of an administrative or
criminal case shall not disqualify respondent from promotion and other
human resource actions or from claiming maternity/paternity benefits.
For this purpose, a pending administrative case shall be construed as such
when the disciplining authority has issued a formal charge or a notice of
charge to the respondent.
 Office of the Ombudsman-Visayas v. Castro, G.R. No. 172637, April
22, 2015.
DOCTRINE: It is settled that misconduct, misfeasance, or malfeasance
warranting removal from office of an officer must have direct relation to and be
connected with the performance of official duties amounting either to
maladministration or willful, intentional neglect and failure to discharge the
duties of the office.
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 51-52
SEC. 51. Preventive Suspension. — The proper disciplining authority may
preventively suspend any subordinate officer or employee under his
authority pending an investigation, if the charge against such officer or
employee involves dishonesty, oppression or grave misconduct, or neglect in
the performance of duty, or if there are reasons to believe that the
respondent is guilty of charges which would warrant his removal from the
service.

Acts may constitute conduct prejudicial to the best interest of the service as long
as they tarnish the image and integrity of his/her public office. Conduct grossly
prejudicial to the best interest of the service may or may not be characterized
by corruption or a willful intent to violate the law or to disregard established
rules.
As long as the questioned conduct tarnishes the image and integrity of his/her
public office, the corresponding penalty may be meted on the erring public
officer or employee
SEC. 52. Lifting of Preventive Suspension Pending Administrative
Investigation. — When the administrative case against the officer or
employee under preventive suspension is not finally decided by the
disciplining authority within the period of ninety (90) days after the date of
suspension of the respondent who is not a presidential appointee, the
respondent shall be automatically reinstated in the service: Provided, That
when the delay in the disposition of the case is due to the fault, negligence or
petition of the respondent, the period of delay shall not be counted in
computing the period of suspension herein provided.

2017 RACCS, Rule 7, Sections 28-31

4. Preventive Suspension under General Civil Service Law Rule 7 PREVENTIVE SUSPENSION
Section 28. Preventive Suspension; Nature. Preventive suspension is not a
penalty. It is designed merely as a measure of precaution so that the
Class Discussion: General overview on preventive suspension respondent may be removed from the scene of the alleged
DURING ADMIN PROCEEDING DURING CRIM misfeasance/malfeasance/nonfeasance while the case is being investigated.
PROCEEDING
EO 292 RA 7160 RACCS RA 6770 EO 43 RA301 RA
2017 9 7080 Section 29. When Issued; Grounds. The proper disciplining authority, upon
R Sec 51 Sec 63 Sec 38 Sec 24 -removal Sec 13 Sec motion or motu proprio, may issue an order of preventive suspension against
E -Dishonesty, -by - -dishonesty from 13 the respondent upon issuance of the formal charge or notice of charge, or
A oppression, grave presidet dishonesty, etc services
immediately thereafter, if:
S misconduct etc -governor oppression, -warrant -
O -Neglect of -barangay grave removal prejudic A) The charge involves:
N performance of misconduct from e case 1. Dishonesty;
duty (Grounds service against 2. Oppression;
under -prejudice him
3. Grave Misconduct;
Under Sec case filed
60?) against 4. Neglect in the Performance of Duty;
him 5. Other offenses punishable by dismissal from the service; or
D 90 days 60 days 90 days 6 months 90 days Not Not 6. An administrative offense committed on its second or
U from single max if no pay stated state third instance and the penalty is dismissal from the service; and
R suspension national d
A Not > 90 agency; 60 B.) The respondents is in a position to exert undue influence or pressure on
T days for a days if LGU the witnesses and/or tamper with evidence.
I single year In order for a preventive suspension order to be valid, any of the conditions
O in Items A and B must be present.
N

Section 30. Alternative to Preventive Suspension. The proper disciplining
authority may reassign respondent to another unit of the agency subject to
the same periods as provided in the immediately succeeding section.
Section 31. Duration of Preventive Suspension. Unless otherwise provided
for by law, the disciplining authority may place the respondent under
preventive suspension for a maximum period of ninety (90) days in the case
of national agencies including government-owned or controlled corporations
with original charters, state universities and colleges (SUCs) or sixty (60)
days in the case of local government units including local universities and
colleges (LUCs). When the administrative case against respondent under
preventive suspension is not finally decided by the disciplining authority
within the period of preventive suspension, the respondent shall be
automatically reinstated in the service unless the delay in the disposition of
the case is due to the fault, negligence or petition of the respondent, in which
case, the period of delay shall not be included in the counting of the period of
preventive suspension. Any period of delay caused by motions filed by the
respondent shall be added to the period of preventive suspension.
Provided, that where the order of preventive suspension is for a period less
than the maximum period, the disciplining authority undertakes to finish the
formal investigation within the said period and is precluded from imposing
another preventive suspension. Provided, further, that should the respondent
be on authorized leave, said preventive suspension shall be deferred or
interrupted until such time that said leave has been fully exhausted.
Provided finally that if the respondent is placed under preventive suspension
in another case, the duration of the second preventive suspension shall
simultaneously run with the first preventive suspension without prejudice to
the service of the remaining period of the second preventive suspension.
Civil Service Commission v. Alfonso, G.R. No. 179452, June 11, 2009.
Class Discussion: Due Process: Opportunity to be heard is enough.
Penalties: RACCS gives GRAVE, LESS GRAVE, LIGHT
5. Summary Proceedings
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 50
SEC. 50. Summary Proceedings. — No formal investigation is necessary and
the respondent may be immediately removed or dismissed if any of the
following circumstances is present:
(1) When the charge is serious and the evidence of guilt is strong;
(2) When the respondent is a recidivist or has been repeatedly charged and
there is reasonable ground to believe that he is guilty of the present
charge; and
(3) When the respondent is notoriously undesirable.
Resort to summary proceedings by the disciplining authority shall be done
with utmost objectivity and impartiality to the end that no injustice is
committed: Provided, That removal or dismissal except those by the
President, himself or upon his order, may be appealed to the Commission.
6. Formal Investigation
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 48(3-7)
SEC. 48. Procedures in Administrative Cases Against Non-
Presidential Appointees. — (3) Although a respondent does not request a
formal investigation, one shall nevertheless be conducted when from the
allegations of the complaint and the answer of the respondent, including the
supporting documents, the merits of the case cannot be decided judiciously
without conducting such an investigation.
(4) The investigation shall be held not earlier than five days nor later than ten
days from the date of receipt of respondent’s answer by the disciplining
authority, and shall be finished within thirty days from the filing of the
charges, unless the period is extended by the Commission in meritorious
cases. The decision shall be rendered by the disciplining authority within
thirty days from the termination of the investigation or submission of the
report of the investigator, which report shall be submitted within fifteen days
from the conclusion of the investigation.
(5) The direct evidence for the complainant and the respondent shall consist
of the sworn statement and documents submitted in support of the complaint
or answer, as the case may be, without prejudice to the presentation of
additional evidence deemed necessary but was unavailable at the time of the
filing of the complaint or answer, upon which the cross-examination, by
respondent and the complainant, respectively, shall be based. Following
cross-examination, there may be redirect and recross-examination.
(6) Either party may avail himself of the services of counsel and may require
the attendance of witnesses and the production of documentary evidence in
his favor through the compulsory process of subpoena or subpoena duces
tecum.
(7) The investigation shall be conducted only for the purpose of ascertaining
the truth and without necessarily adhering to technical rules applicable in
judicial proceedings. It shall be conducted by the disciplining authority
concerned or his authorized representative.
The phrase “any other party” shall be understood to be a complainant other
than those referred to in subsection (a) hereof.

Recommended reading: 2017 RACCS, Rule 8, Sections 34-35
Rule 8
FORMAL INVESTIGATION
Section 34. Conduct of Formal Investigation; When Held. A formal
investigation shall be conducted where the merits of the case cannot be
decided judiciously without conducting such investigation or when the
respondent elects to have one, in which case, the investigation shall be held
not earlier than five (5) days nor later than ten (10) days from receipt of the
respondent's answer or upon the expiration of the period to answer. Said
investigation shall be finished within thirty (30) days from the issuance of the
Formal Charge/Notice of Charge unless the period is extended by the
disciplining authority or its authorized representative, or heads of agencies,
or the Commission in meritorious cases.
For this purpose, the Commission may entrust the formal investigation to
lawyers of other agencies pursuant to Section 113 of these Rules.
Section 35. Submission of Position Paper/Memorandum. At any stage of
the proceedings, the parties may, based on their mutual consent, submit
position paper/memorandum and consider the case submitted for decision
without any need for further hearings.
7. Motion for Reconsideration and Appeal
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 49
SECTION 49. Appeals.—(1) Appeals, where allowable, shall be made by the
party adversely affected by the decision within fifteen days from receipt of
the decision unless a petition for reconsideration is seasonably filed, which
petition shall be decided within fifteen days. Notice of the appeal shall be
filed with the disciplining office, which shall forward the records of the case,
together with the notice of appeal, to the appellate authority within fifteen
days from filing of the notice of appeal, with its comment, if any. The notice
of appeal shall specifically state the date of the decision appealed from and
the date of receipt thereof. It shall also specifically set forth clearly the
grounds relied upon for excepting from the decision.
(2) A petition for reconsideration shall be based only on any of the following
grounds: (a) new evidence has been discovered which materially affects the
decision rendered; (b) the decision is not supported by the evidence on
record; or (c) errors of law or irregularities have been committed which are
prejudicial to the interest of the respondent: Provided, That only one petition
for reconsideration shall be entertained.
Recommended reading: 2017 RACCS, Rule 13, Sections 66, 69-73.
Rule 13
APPEAL IN DISCIPLINARY CASES
Section 66. Filing. Subject to Section 49 of these Rules, decisions of
disciplining authorities, imposing a penalty exceeding thirty (30) days
suspension or fine in an amount exceeding thirty (30) days salary, may be
appealed to the Commission within a period of fifteen (15) days from receipt
thereof. In case the decision rendered by a bureau or office head is
appealable to the Commission, the same may be initially appealed to the
department head and then finally to the Commission and pending appeal, the
same shall be executory except when the penalty is dismissal from the
service, in which case the same shall be executory only after confirmation by
the Secretary concerned.
Section 69. Effect of Filing. Except for cases requiring confirmation of the
Department Secretary concerned and cases decided by the CSC ROs, an
appeal/petition to the Commission shall not stop the
decision/resolution from being executory.
Section 70. Effect of Finding of Violation of Due Process. If on appeal, the
Commission finds that the disciplining authority violated respondent-
appellant’s right to due process, the Commission shall dismiss the case
against the respondent and order the immediate reinstatement of the
respondent with payment of back wages and other benefits. However, the
dismissal of the case shall be without prejudice on the part of the disciplining
authority to re-file it in accordance with law.
Section 71. Petition for Review of CSC RO Decisions.
Decisions/Resolutions rendered by CSC ROs may be elevated either by the
complainant or the respondent to the Commission by way of a petition for
review within fifteen (15) days from receipt thereof
Section 72. Petition for Review of Decisions of Agencies. Except in cases
involving sexual harassment, a Decision/Resolution of disciplining authority
in an agency exonerating the respondent or dismissing a complaint for lack
of prima facie case or issuance of a formal charge for a lower offense is not
subject to appeal or petition for review before the Commission.
Section 73. Petition for Review with the Court of Appeals. A party may
elevate a Decision/Resolution of the Commission before the Court of Appeals
by way of a petition for review under Rule 43 of the Rules of Court.

D. Penalties
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 46(d)
SECTION 46. Discipline: General Provisions.—(d) In meting out
punishment, the same penalties shall be imposed for similar offenses and
only one penalty shall be imposed in each case. The disciplining authority
may impose the penalty of removal from the service, demotion in rank,
suspension for not more than one year without pay, fine in an amount not
exceeding six months’ salary, or reprimand.
2017 RACCS, Rule 10, Sections 50-51, supra
2017 RACCS, Rule 13, Section 66
Rule 13
APPEAL IN DISCIPLINARY CASES
Section 66. Filing. Subject to Section 49 of these Rules, decisions of
disciplining authorities, imposing a penalty exceeding thirty (30) days
suspension or fine in an amount exceeding thirty (30) days salary, may be
appealed to the Commission within a period of fifteen (15) days from receipt
thereof. In case the decision rendered by a bureau or office head is
appealable to the Commission, the same may be initially appealed to the
department head and then finally to the Commission and pending appeal, the
same shall be executory except when the penalty is dismissal from the
service, in which case the same shall be executory only after confirmation by
the Secretary concerned.
E. Reinstatement and Backwages
CSC v. Cruz, G.R. No. 187858, August 9, 2011
CASE SUMMARY: Richard was dismissed from service after being charged with
grave misconduct and dishonesty for allegedly uttering a false, malicious and
damaging statement. CSC reinstated Richard but did not award him back
salaries because he was given a lesser penalty of reprimand. CA ruled that
Richard was totally exonerated and is therefore entitled to back salaries. SC
agreed with CA and awarded Richard back salaries only during the period of
preventive suspension pending appeal, not pending investigation, until his
reinstatement.
DOCTRINE: General rule – NO WORK, NO PAY. Exception – If the govt
EE was dismissed but subsequently exonerated, he is entitled to back salaries
during the period of suspension pending appeal if these two conditions are
satisfied:
(1) EE must be found INNOCENT
(2) Suspension must be UNJUSTIFIED
If there was TOTAL EXONERATION, Condition [2] is subsumed under Condition
[1].
If there is only RELATIVE EXONERATION (imposition of lesser penalty) –
■ The EE is considered exonerated IF the factual premise for the imposition of
the lesser penalty are NOT the SAME; and
■ The EE found guilty of a lesser offense may only be entitled to back
salaries IF the offense actually committed does NOT carry the penalty of more
than ONE MONTH suspension or DISMISSAL.
F. Commutation or Removal of Penalty
Executive Order No. 292, Book V, Title I, Subtitle A, Chapter 7, Section 53
SECTION 53. Removal of Administrative Penalties or Disabilities.—In
meritorious cases and upon recommendation of the Commission, the
President may commute or remove administrative penalties or disabilities
imposed upon officers or employees in disciplinary cases, subject to such
terms and conditions as he may impose in the interest of the service.
XIII. Administrative Liabilities of Public Officers
(2): Under the Ombudsman Law
A. Grounds for Liability under Ombudsman Law
RA 6770, section 19-20.
The Ombudsman Act of 1989
Section 19. Administrative Complaints. — The Ombudsman shall act on all
complaints relating, but not limited to acts or omissions which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or discriminatory;
(3) Are inconsistent with the general course of an agency's functions,
though in accordance with law;
(4) Proceed from a mistake of law or an arbitrary ascertainment of
facts;
 (5) Are in the exercise of discretionary powers but for an improper
purpose; or
(6) Are otherwise irregular, immoral or devoid of justification.
Section 20. Exceptions. — The Office of the Ombudsman may not conduct
the necessary investigation of any administrative act or omission complained
of if it believes that:
(1) The complainant has an adequate remedy in another judicial or
quasi-judicial body;
(2) The complaint pertains to a matter outside the jurisdiction of the
Office of the Ombudsman;
(3) The complaint is trivial, frivolous, vexatious or made in bad faith;
(4) The complainant has no sufficient personal interest in the subject
matter of the grievance; or
(5) The complaint was filed after one (1) year from the occurrence of
the act or omission complained of.
RA 6770, section 26(4)
Section 26. Inquiries. —
(4) Any delay or refusal to comply with the referral or directive of the
Ombudsman or any of his Deputies, shall constitute a ground for
administrative disciplinary action against the officer or employee to whom it
was addressed.
B. Ombudsman Jurisdiction over Administrative Cases under
RA 6770, Sections 13; 15 (1-3) and last para; 21
Section 13. Mandate. — The Ombudsman and his Deputies, as protectors of
the people, shall act promptly on complaints filed in any form or manner
against officers or employees of the Government, or of any subdivision,
agency or instrumentality thereof, including government-owned or
controlled corporations, and enforce their administrative, civil and criminal
liability in every case where the evidence warrants in order to promote
efficient service by the Government to the people.
Section 15. Powers, Functions and Duties. — The Office of the Ombudsman
shall have the following powers, functions and duties:
(1) Investigate and prosecute on its own or on complaint by any person, any
act or omission of any public officer or employee, office or agency, when such
act or omission appears to be illegal, unjust, improper or inefficient.t has
primary jurisdiction over cases cognizable by the Sandiganbayan and, in the
exercise of this primary jurisdiction, it may take over, at any stage, from any
investigatory agency of Government, the investigation of such cases;
(2) Direct, upon complaint or at its own instance, any officer or employee of
the Government, or of any subdivision, agency or instrumentality thereof, as
well as any government-owned or controlled corporations with original
charter, to perform and expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in the performance of duties;
(3) Direct the officer concerned to take appropriate action against a public
officer or employee at fault or who neglect to perform an act or discharge a
duty required by law, and recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure compliance therewith; or enforce its
disciplinary authority as provided in Section 21 of this Act: provided, that the
refusal by any officer without just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine, censure, or prosecute an
officer or employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be a ground for disciplinary action
against said officer;
The Ombudsman shall give priority to complaints filed against high ranking
government officials and/or those occupying supervisory positions,
complaints involving grave offenses as well as complaints involving large
sums of money and/or properties.
Section 21. Official Subject to Disciplinary Authority; Exceptions. — The
Office of the Ombudsman shall have disciplinary authority over all elective
and appointive officials of the Government and its subdivisions,
instrumentalities and agencies, including Members of the Cabinet, local
government, government-owned or controlled corporations and their
subsidiaries, except over officials who may be removed only by impeachment
or over Members of Congress, and the Judiciary.
Recommended reading: CSC-OMB Memorandum of Agreement on
Complaints Referral System (12 December 2016), Part I.
https://www.ombudsman.gov.ph/docs/others/OMB-CSC%20MOA.pdf
Class Disucssion:
Coverage of the OMB’s power— sec 15 RA6770
CSC-OMB Memo on Complaints Referral System: Concurrent JD
If Criminal: OMB; If admin: CSC
Penalties: Sec 25 
 -Under PD 807
 -Suspension of 1 yr- dismissal
CASES:
Does OMB have power to remove? its not given by consti how can it be given by
6770???
Court: CONGRESS CAN DECIDE SO CONGRESS GAVE IT TO OMB
 RA 6770, Section 25
What is the JD? CONCURRENT.
Who gets the complaint first. IF u file with OMB, OMB jd, if u file with CSC, CSC jd
Estarija v. Ranada, G. R. No. 159314, June 26, 2006.
SUMMARY: An administrative complaint was filed with the Ombudsman
against Captain Estarija of the PPA. The Ombudsman found him guilty of the
acts alleged and ordered his dismissal. In assailing such a
decision, Estarija alleges that his dismissal was unconstitutional because the
Ombudsman did not have direct power to remove government officials who are
not removable by impeachment, and under the Constitution, the Ombudsman’s
administrative authority is merely recommendatory.
DOCTRINE: The Constitution does not restrict the powers of the Ombudsman in
Section 13, Article XI of the 1987 Constitution, but allows the Legislature to
enact a law that would spell out the powers of the Ombudsman. Through the
enactment of Rep. Act No. 6770, specifically Section 15, par. 3, the lawmakers
gave the Ombudsman such powers to sanction erring officials and employees,
except members of Congress, and the Judiciary.
Alejandro v. Office of the Ombudsman Fact-Finding and Intelligence
Bureau, G.R. No. 173121, April 3, 2013.
SUMMARY: Alfredo Alejandro runs a car wash business illegally
pilfering water from Manila Water. When MWSI asked help from the
PNP, an operation was enacted where the car wash boys were caught in
the act and arrested. Through the interference of Franklin as barangay
chairman, however, the car wash boys were able to escape. An
administrative complaint was filed against him in the Deputy
Ombudsman’s office for interfering in police activities. He was
administratively convicted of grave misconduct and ordered dismissed.
He filed an MR with the Deputy which was denied. He, then filed this
petition for certiorari, assailing that the Ombudsman has no jurisdiction
to order his dismissal. The Court rules, however, that the Ombudsman
enjoys concurrent jurisdiction with the Sangguniang Bayan over elective
barangay officials, as part of its disciplining power. Ombudsman also has
the power to sanction administrative penalties incidental to such
disciplining power.
C. Administrative Penalties Imposable by the Ombudsman
Section 25. Penalties. —
(1) In administrative proceedings under Presidential Decree No. 807, the
penalties and rules provided therein shall be applied.
(2) In other administrative proceedings, the penalty ranging from suspension
without pay for one (1) year to dismissal with forfeiture of benefits or a fine
ranging from Five thousand pesos (P5,000.00) to twice the amount
malversed, illegally taken or lost, or both at the discretion of the Ombudsman,
taking into consideration circumstances that mitigate or aggravate the
liability of the officer or employee found guilty of the complaint or charges.
Recommended readings: PD 807, section 36(b,d)
(Old Civil Service Law)
Section 36. Discipline: General Provisions.
(b) The following shall be grounds for disciplinary action:
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 of a fee, gift or other valuable thing in the course
of official duties or in connection therewith when such fee, gift, or other
valuable thing is given by any person in the hope or expectation of receiving a
favor 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 contributions 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 document;
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 law;
17. Refusal to perform official duty or render overtime service;
18. Disgraceful, 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. Willful failure to pay just debts or willful 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 as defined in Section 49 of this Decree.
(d) In meting out punishment, the same penalties shall be imposed for similar
offenses and only one penalty shall be imposed in each case. The disciplining
authority may impose the penalty of removal from the service, transfer,
demotion in rank, suspension for not more than one year without pay, fine in
an amount not exceeding six months' salary, or reprimand.
EO 292 (1987), Book V, Title I, Subtitle A, Chapter 7, Section 46(b,d)
SECTION 46. Discipline: General Provisions
(b) The following shall be grounds for disciplinary action:
(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 of a fee, gift or other valuable thing in the
course of official duties or in connection therewith when such fee, gift, or
other valuable thing is given by any person in the hope or expectation of
receiving a favor 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 contributions 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 document;
(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 law;
(17) Refusal to perform official duty or render overtime service;
(18) Disgraceful, 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) Willful failure to pay just debts or willful 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 a non-political office;
(27) Conduct prejudicial to the best interest of the service;
(28) Lobbying for personal interest or gain in legislative halls or 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 as defined in Section 60 of this Title.
(d) In meting out punishment, the same penalties shall be imposed for similar
offenses and only one penalty shall be imposed in each case. The disciplining
authority may impose the penalty of removal from the service, demotion in
rank, suspension for not more than one year without pay, fine in an amount
not exceeding six months’ salary, or reprimand.
 D. Procedure for Administrative Proceedings under the Ombudsman
Law
1.Formal Investigation
RA 6770, Section 23
Section 23. Formal Investigation. —
(1) Administrative investigations conducted by the Office of the Ombudsman
shall be in accordance with its rules of procedure and consistent with due
process.
(2) At its option, the Office of the Ombudsman may refer certain complaints
to the proper disciplinary authority for the institution of appropriate
administrative proceedings against erring public officers or employees,
which shall be determined within the period prescribed in the civil service
law. Any delay without just cause in acting on any referral made by the Office
of the Ombudsman shall be a ground for administrative action against the
officers or employees to whom such referrals are addressed and shall
constitute a graft offense punishable by a fine of not exceeding Five thousand
pesos (P5,000.00).
(3) In any investigation under this Act the Ombudsman may: (a) enter and
inspect the premises of any office, agency, commission or tribunal; (b)
examine and have access to any book, record, file, document or paper; and (c)
hold private hearings with both the complaining individual and the official
concerned.
2.Preventive Suspension under RA 6770
RA 6770, Section 24
Section 24. Preventives Suspension. — The Ombudsman or his Deputy may
preventively suspend any officer or employee under his authority pending an
investigation, if in his judgment the evidence of guilt is strong, and (a) the
charge against such officer or employee involves dishonesty, oppression or
grave misconduct or neglect in the performance of duty; (b) the charges
would warrant removal from the service; or (c) the respondent's continued
stay in office may prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated by the
Office of the Ombudsman but not more than six (6) months, without pay,
except when the delay in the disposition of the case by the Office of the
Ombudsman is due to the fault, negligence or petition of the respondent, in
which case the period of such delay shall not be counted in computing the
period of suspension herein provided.
3.Effectivity of Decisions
RA 6770, section 27
Section 27. Effectivity and Finality of Decisions. — (1) All provisionary
orders of the Office of the Ombudsman are immediately effective and
executory.
A motion for reconsideration of any order, directive or decision of the Office
of the Ombudsman must be filed within five (5) days after receipt of written
notice and shall be entertained only on any of the following grounds:
(1) New evidence has been discovered which materially affects the order,
directive or decision;
(2) Errors of law or irregularities have been committed prejudicial to the
interest of the movant. The motion for reconsideration shall be resolved
within three (3) days from filing: provided, that only one motion for
reconsideration shall be entertained.
Findings of fact by the Officer of the Ombudsman when supported by
substantial evidence are conclusive. Any order, directive or decision
imposing the penalty of public censure or reprimand, suspension of not more
than one (1) month's salary shall be final and unappealable.
In all administrative disciplinary cases, orders, directives, or decisions of the
Office of the Ombudsman may be appealed to the Supreme Court by filing a
petition for certiorari within ten (10) days from receipt of the written notice
of the order, directive or decision or denial of the motion for reconsideration
in accordance with Rule 45 of the Rules of Court.
The above rules may be amended or modified by the Office of the
Ombudsman as the interest of justice may require.
XIV. Administrative Liabilities of Public Officers
(3): Specific Rules for Certain Non-Constitutional Officers
A. Local Elective Officials
1.Grounds for Liability of Local Elective Officials
RA 7160 (1991). Section 60.
CHAPTER IV
Disciplinary Actions
Section 60. Grounds for Disciplinary Actions. - An elective local official may
be disciplined, suspended, or removed from office on any of the following
grounds:
 (a) Disloyalty to the Republic of the Philippines;
(b) Culpable violation of the Constitution;
(c) Dishonesty, oppression, misconduct in office, gross negligence, or
dereliction of duty;
(d) Commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor;
(e) Abuse of authority;
(f) Unauthorized absence for fifteen (15) consecutive working days, except in
the case of members of the sangguniang panlalawigan, sangguniang
panlungsod, sangguniang bayan, and sangguniang barangay;
(g) Application for, or acquisition of, foreign citizenship or residence or the
status of an immigrant of another country; and
(h) Such other grounds as may be provided in this Code and other laws.
An elective local official may be removed from office on the grounds
enumerated above by order of the proper court.
2. Jurisdiction over Local Elective Officials
RA 7160 (1991). Sections 60, supra, 61.
Section 61. Form and Filing of Administrative Complaints. - A verified
complaint against any erring local elective official 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 a municipality shall be filed
before the sangguniang panlalawigan whose decision may be appealed to the
Office of the President; and
(c) A complaint against any elective barangay official shall be filed before the
sangguniang panlungsod or sangguniang bayan concerned whose decision
shall be final and executory.
Class Discussion:
Sanggunian Barangay case: The COURT has the power to remove local govt
official. Other offenses not constituting removal: congress????
Sangguniang Barangay of Barangay Don Mariano Marcos,
Municipality of Bayombong Province of Nueva Viscaya v. Martinez,
G.R. No. 170626, March 3, 2008.
SUMMARY: Respondent Punong Barangay (charged with Dishonesty,
Misconduct in Office and Violation of the Anti-Graft and Corrupt Practices Act)
was removed by the Sangguniang Bayan. Respondent Punong Barangay
questioned the validity of his removal. The Court said the hisremoval was void
since under LGC 60, an elective local official may be removed from office only
by order of the proper court.
DOCTRINE: The rule which confers to the proper courts the power to remove
an elective local official from office is intended as a check against any
capriciousness or partisan activity by the disciplining authority.
3. Procedure
Recommended reading: RA 7160, sections 61-62, 65-68
Section 61. Form and Filing of Administrative Complaints. - A verified
complaint against any erring local elective official 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 a municipality shall be filed
before the sangguniang panlalawigan whose decision may be appealed to the
Office of the President; and
(c) A complaint against any elective barangay official shall be filed before the
sangguniang panlungsod or sangguniang bayan concerned whose decision
shall be final and executory.
Section 62. Notice of hearing. -
(a) Within seven (7) days after the administrative complaint is filed, the
Office of the President or the sanggunian concerned, as the case may be, shall
require the respondent to submit his verified answer within fifteen (15) days
from receipt thereof, and commence the investigation of the case within ten
(10) days after receipt of such answer of the respondent.
(b) When the respondent is an elective official of a province or highly
urbanized city, such hearing and investigation shall be conducted in the place
where he renders or holds office. For all other local elective officials, the
venue shall be the place where the sanggunian concerned is located.
(c) However, no investigation shall be held within ninety (90) days
immediately prior to any local election, and no preventive suspension shall
be imposed within the said period. If preventive suspension has been
imposed prior to the 90-day period immediately preceding local election, it
shall be deemed automatically lifted upon the start of aforesaid period.
Section 65. Rights of Respondent. - The respondent shall be accorded full
opportunity to appear and defend himself in person or by counsel, to
confront and cross-examine the witnesses against him, and to require the
 attendance of witnesses and the production of documentary process of
subpoena or subpoena duces tecum.
Section 66. Form and Notice of Decision. -
(a) The investigation of the case shall be terminated within ninety (90) days
from the start thereof. Within thirty (30) days after the end of the
investigation, the Office of the President or the sanggunian concerned shall
render a decision in writing stating clearly and distinctly the facts and the
reasons for such decision. Copies of said decision shall immediately be
furnished the respondent and all interested parties.
(b) The penalty of suspension shall not exceed the unexpired term of the
respondent or a period of six (6) months for every administrative offense,
nor shall said penalty be a bar to the candidacy of the respondent so
suspended as long as he meets the qualifications required for the office.
(c) The penalty of removal from office as a result of an administrative
investigation shall be considered a bar to the candidacy of the respondent for
any elective position.
Section 67. Administrative Appeals. - Decisions in administrative cases
may, within thirty (30) days from receipt thereof, be appealed to the
following:
(a) The sangguniang panlalawigan, in the case of decisions of the
sangguniang panlungsod of component cities and the sangguniang bayan;
and
(b) The Office of the President, in the case of decisions of the sangguniang
panlalawigan and the sangguniang panlungsod of highly urbanized cities and
independent component cities.
Decisions of the Office of the President shall be final and executory.
Section 68. Execution Pending Appeal. - An appeal shall not prevent a
decision from becoming final or executory. The respondent shall be
considered as having been placed under preventive suspension during the
pendency of an appeal in the event he wins such appeal. In the event the
appeal results in an exoneration, he shall be paid his salary and such other
emoluments during the pendency of the appeal.
5. Imposable Penalties
4. Preventive Suspension of Local Elective Officials under RA 7160
RA 7160 (1991), Sections 63-64.
Section 63. Preventive Suspension. -
(a) Preventive suspension may be imposed:
(1) By the President, if the respondent is an elective official of a province, a
highly urbanized or an independent component city;
(2) By the governor, if the respondent is an elective official of a component
city or municipality; or
(3) By the mayor, if the respondent is an elective official of the barangay.
(b) Preventive suspension may be imposed at any time after the issues are
joined, when the evidence of guilt is strong, and given the gravity of the
offense, there is great probability that the continuance in office of the
respondent could influence the witnesses or pose a threat to the safety and
integrity of the records and other evidence: Provided, That, any single
preventive suspension of local elective officials shall not extend beyond sixty
(60) days: Provided, further, That in the event that several administrative
cases are filed against an elective official, he cannot be preventively
suspended for more than ninety (90) days within a single year on the same
ground or grounds existing and known at the time of the first suspension.
(c) Upon expiration of the preventive suspension, the suspended elective
official shall be deemed reinstated in office without prejudice to the
continuation of the proceedings against him, which shall be terminated
within one hundred twenty (120) days from the time he was formally
notified of the case against him. However, if the delay in the proceedings of
the case is due to his fault, neglect, or request, other than the appeal duly
filed, the duration of such delay shall not be counted in computing the time of
termination of the case.
(d) Any abuse of the exercise of the power of preventive suspension shall be
penalized as abuse of authority.
Section 64. Salary of Respondent Pending Suspension. - The respondent
official preventively suspended from office shall receive no salary or
compensation during such suspension; but upon subsequent exoneration and
reinstatement, he shall be paid full salary or compensation including such
emoluments accruing during such suspension.
RA 7160 (1991). Sections 61, last par; Section 66(b-c).
Section 61. Form and Filing of Administrative Complaints. - A verified
complaint against any erring local elective official shall be prepared as
follows:
(c) A complaint against any elective barangay official shall be filed before the
sangguniang panlungsod or sangguniang bayan concerned whose decision
shall be final and executory.

Section 66. Form and Notice of Decision. -
(b) The penalty of suspension shall not exceed the unexpired term of the
respondent or a period of six (6) months for every administrative offense,
nor shall said penalty be a bar to the candidacy of the respondent so
suspended as long as he meets the qualifications required for the office.
(c) The penalty of removal from office as a result of an administrative
investigation shall be considered a bar to the candidacy of the respondent for
any elective position.
6. Condonation Doctrine
Carpio Morales v. Court of Appeals, G.R. Nos. 217126-27, November
10, 2015, J. Perlas-Bernabe (En Banc).
Class Discussion: CONDONATION DOCTRINE: no basis. But prospective 2015.
B. Presidential Appointees
1.Grounds for Administrative Liability
EO 43 (2017) as amended by EO 73 (2018), Section 5(a)
EO Creating the Presidential Anti-Corruption Commission
SECTION 5. Jurisdiction, Powers, and Functions—
(a) The Commission shall have the power, on complaint, or motu propio, and
concurrently with the Office of the Ombudsman, to hear, investigate, receive,
gather, and evaluate evidence intelligence reports, and information on
administrative cases against all presidential appointees In the Executive Branch
of the government and any of its agencies or instrumentalities occupying the
position of Assistant Regional Director or an equivalent rank and higher
otherwise classified as Salary Grade 26 and higher under RA 6758
(Compensation and Position Classification Act of 1989) including members of
the governing board of any instrumentality, regulatory agency, chartered
institution, and directors or officers, appointees or nominated by the President
to government-owned or controlled corporations, or who otherwise represent
the interests of the government, for acts or omissions constituting violations of
any of the following:
1) RA No. 3019
2) RA No. 1379 on the unlawful acquisition of property by a public officer or
employee
3) RA No. 6713
4) Provisions under Title Seven, Book Two of the Revised Penal Code
5) EO No. 292 (s. 1987) whenever it defines and imposes administrative
sanctions on acts and omissions constituting violations of the foregoing laws
and issuances
6) Rules and regulations duly promulgated by competent authority to
implement any of the foregoing laws and issuances; and
7) Other violations as may be referred to the Commission by the President
(b) Upon instructions of the President, the Commission may investigate
presidential appointees in the Armed Forces of the Philippines and the
Philippine National Police whenever he deems it necessary or appropriate
(c) Upon instructions of the President, or motu proprio, the Commission may
also conduct lifestyle checks and fact-finding inquiries on acts or omissions of
all presidential appointees, including those outside the Executive Branch of
government, which may be violative of the Constitution, or contrary to law,
rules and regulations, and/or constitute serious misconduct tantamount to
betrayal of public trust. On the basis of such fact-finding inquiries, the
Comission shall submit its report and recommended courses of action to the
President.
(d) Recommend to the Anti-Red Tape Authority, for investigation violations of
RA No. 9485, otherwise known as the Anti-Red Tape Act of 2007, and its IRR
(e) After due investigation, recommend to the President the filing of appropriate
criminal complaints before the Office of the Ombudsman or the Department of
Justice, or otherwise refer such cases for appropriate action to these Offices.
(f) The Commission shall perform such other functions or duties as may be
assigned by the President.
2. Jurisdiction
EO 43 (2017) as amended by EO 73 (2018), Section 5., supra
Baculi v. Office of the President, G.R. No. 188681, March 8, 2017, 3rd
Div.
CASE SUMMARY: Baculi was appointed by Pres Aquino as PARO II in DAR. He
was administratively charged, put under preventive suspension for 90 days, and
subsequently dismissed by the DAR Secretary. CSC affirmed, CA reversed, and
SC affirmed. The SC held that being a presidential appointee, Baculi may only be
dismissed and investigated by the president. The CA also awarded Baculi back
salaries and benefits, starting from the dismissal by the DAR Secretary to the
day before the Office of the President's dismissal, excluding the 90 day
suspension period. This was affirmed by the SC.
DOCTRINE:
• Presidential appointees are under the disciplinary and investigative power of
the president.
• 2 kinds of preventive suspension
o preventive suspension pending investigation
o preventive suspension pending appeal
• After the preventive suspension, the employee is automatically reinstated.
• In the case of presidential appointees, the preventive suspension pending
investigation shall be "for a reasonable time as the circumstances of the case
may warrant."
• The law abhors indefinite preventive suspensions
3. Procedure
EO 43 (2017) as amended by EO 73 (2018), section 5, 2nd para (or 1st
non-numbered para)
The Commission shall use every and all reasonable means to ascertain the facts
in each case or complaint speedily and objectively in all instances observing due
process.
4. Preventive Suspension of Presidential Appointees
EO 43 (2017), section 6
Baculi v. Office of the President, G.R. No. 188681, March 8, 2017, 3rd
Div.
5. Penalties
EO 43 (2017), section 9
SECTION 9. Submission of Report and Recommendations. After completing its
investigation or hearing or fact-finding inquiry, the Commission shall submit its
report and recommendations directly to the President for approval and final
disposition. The report and recommendations shall state, among others, the
Commission’s factual findings and legal conclusions, as well as the
recommended administrative penalty or referral to the appropriate disciplinary
authority.
XV. Administrative Liabilities of Public Officers
(4): Special Rules for Constitutional Officers
A. Members of Congress
Const. (1987), article VI, section 16(3)
Section 16.
3. Each House may determine the rules of its proceedings, punish its Members
for disorderly behavior, and, with the concurrence of two-thirds of all its
Members, suspend or expel a Member. A penalty of suspension, when imposed,
shall not exceed sixty days.
B. Impeachable Officers
1.Grounds
Const. (1987), article XI, section 2, 1st sent.
Section 2. The President, the Vice-President, the Members of the Supreme
Court, the Members of the Constitutional Commissions, and the Ombudsman
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. All other public officers and employees may
be removed from office as provided by law, but not by impeachment.
2. Jurisdiction
Const. (1987), article XI, sections 2 and 3(1, 6)
Section 3.
1.The House of Representatives shall have the exclusive power to initiate all
cases of impeachment.
6. The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines is on trial, the Chief Justice of
the Supreme Court shall preside, but shall not vote. No person shall be convicted
without the concurrence of two-thirds of all the Members of the Senate.
3. Investigation
RA 6770, section 22, 1st par.
Section 22. Investigatory Power. — The Office of the Ombudsman shall have
the power to investigate any serious misconduct in office allegedly committed
by officials removable by impeachment, for the purpose of filing a verified
complaint for impeachment, if warranted.
4. Procedure
Const. (1987), article XI, section 3(2-4, 6, 8)
SECTION 3.
2. A verified complaint for impeachment may be filed by any Member of the
House of Representatives or by any citizen upon a resolution or
endorsement by any Member thereof, which shall be included in the Order of
Business within ten session days, and referred to the proper Committee within
three session days thereafter. The Committee, after hearing, and by a majority
vote of all its Members, shall submit its report to the House within sixty session
days from such referral, together with the corresponding resolution. The
resolution shall be calendared for consideration by the House within ten session
days from receipt thereof.
3. A vote of at least one-third of all the Members of the House shall be necessary
either to affirm a favorable resolution with the Articles of Impeachment of the
Committee, or override its contrary resolution. The vote of each Member shall
be recorded.
4. In case the verified complaint or resolution of impeachment is filed by at least
one-third of all the Members of the House, the same shall constitute the Articles
of Impeachment, and trial by the Senate shall forthwith proceed.
6. The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on oath or
affirmation. When the President of the Philippines is on trial, the Chief Justice of
the Supreme Court shall preside, but shall not vote. No person shall
be convicted without the concurrence of two-thirds of all the Members of the
Senate.
8. The Congress shall promulgate its rules on impeachment to effectively carry
out the purpose of this section
impeachment complaint may not be filed against the same official within a one
year period.
Therefore, the one-year period ban is reckoned not from the filing of the first
complaint, but on the date it is referred to the House Committee on Justice.
5.Penalties
Const. (1987), article XI, section 3(7)
7. Judgment in cases of impeachment shall not extend further than removal
from office and disqualification to hold any office under the Republic of the
Philippines, but the party convicted shall nevertheless be liable and subject to
prosecution, trial, and punishment, according to law.
7.One Year Bar
Const. (1987), article XI, section 3(5)
5. No impeachment proceedings shall be initiated against the same official more
than once within a period of one year.

Gutierrez, v. House of Representatives Committee on Justice, G.R. No. Francisco v. House of Representatives, G.R. No. 160261, November
193459, February 15, 2011. 10, 2003.

CASE SUMMARY: Petitioner-Ombudsman challenges House Resolutions of Sept. Gutierrez, v. House of Representatives Committee on Justice, G.R. No.
1 and 7, 2010 finding two impeachment complaints against the 193459, February 15, 2011.
petitioner, simultaneously referred to the House Committee on Justice,
sufficient in form and substance on grounds that she was denied due process
and that the said resolutions violated the one-year bar rule on initiating Class Discussion:
impeachment proceedings for impeachable officers. Petitioner contends that it IMPEACHMENT: Francisco- when does the one year bar start? FILING OF
is reckoned from the filing of the first impeachment complaint against her on COMPLAINT AND REFERRAL TO COMMITTEE ON JUSTICE
July 22, 2010 or four days before the opening on July 26, 2010 of the 15th
Congress. She posits that within one year from July 22, 2010, no second
Baculi case- if presidential appointee who can remove you? the OFFICE OF THE
impeachment complaint may be accepted and referred to public respondent.
PRESIDENT, but if it was signed by a deputy executive secretary, is this valid? yes.
Court dismissed the petition.
(Not the DENR)
SC appied the Francisco doctrine which states that the term "initiate" means to
file the complaint and referral of the complaint to the Committee on
Justice. Once an impeachment complaint has been initiated, another