Disciplinary Action by

Congress Over its

Members
Each House may determine the
rules of its proceedings, punish
its Members for disorderly
behavior, and with concurrence
of two-thirds of all its Members,
suspend or expel a Member. A
penalty of suspension when
imposed, shall not exceed sixty
(60) days.
 Ethics and Privilege Committee

Ramirez-Sato,
Acosta-Alba, Ma. Escudero, Evelina Abueg, Frederick Bolilia, Lianda B. Josephine
Lourdes G. Erick F. District District
Lee, Delphine Gan
District District District Representative Representative
Party List- AGRI
Representative Representative Representative Batangas, 4th Occidental
Bukidnon, 1st Sorsogon, 1st Palawana, 2nd District Mindoro, Lone
District District District District

Cuaresma, Luisa Cerilles, Aurora

Lloren Roman, Geraldine Flores, Florencio Jr. Chipeco, Joaquin Fuentebella, Enerio
District B. T. Jr., M. Arnulfo P. District
Representative District District District District Representative
Nueva Vizcaya, Representative Representative Representative Representative Zamboanga del
th nd
Ethics and Privileges Committee
 Jurisdiction

All matters directly and

principally relating to the
duties, conducts, rights,
privileges and immunities,
dignity, integrity and reputation
of the House and its Members.
 Review by the Supreme Court
Osmea, Jr. v Pendatum, 109 Phil. 864
A Message to Garcia
The people, Mr. President, have been
hearing of ugly reports that under your
unpopular administration the free things they
used to get from the government are now for
sale at premium prices. They say that even
pardons are for sale, and that regardless of the
gravity or seriousness of a criminal case, the
culprit can always be bailed out forever from
jail as long as he can come across with a
handsome dole. I am afraid, such an anomalous
 Review by the Supreme Court
Osmea, Jr. v Pendatum, 109 Phil. 864
while a legislator will not be held
criminally and civilly liable for his libelous
privileged speech in Congress, he may not
be protected from responsibility before
the legislative itself whenever his words
and conduct are considered by the latter
as disorderly or unbecoming of a member
thereof and his suspension therefor by the
 Review by the Supreme Court
Santiago v Sandiganbayan G.R. No. 128055
On or about October 17, 1988, or sometime prior or
subsequent thereto, in Manila, Philippines, being then the
Commissioner of the Commission on Immigration and
Deportation, with evident bad faith and manifest
partiality in the exercise of her official functions, did then
and there willfully, unlawfully and criminally approve the
application for legalization of the stay of the several
aliens who arrived in the Philippines after January 1, 1984
in violation of Executive Order no. 324 dated April 13,
1988 which prohibits the legalization of said disqualified
aliens knowing fully well that said aliens are disqualified,
thereby giving unwarranted benefits to said aliens whose
 Review by the Supreme Court
Santiago v Sandiganbayan G.R. No. 128055
It is the ethics committee initially and
ultimately the House itself that determines what
disorderly behavior embraces or consists of,
and the action of the House, as by suspending
the erring member, may not be reviewed by the
Supreme Court, nor may the latter substitute its
own judgment over that of the House on the
issue of suspension or expulsion of its member,
except where there is showing of a clear
disregard of a specific constitutional precept or
 Suspension under Art. VII, Sec. 16(3), of the 1987
Philippine Constitution vs Sec. 13 of Anti-Graft and
Corrupt Practices Act, R.A. No. 3019

Santiago v Sandiganbayan, G.R. No. 128055

the two being different for the latter is not a
penalty but a preliminary, preventive measure,
prescinding from the fact that the preventive
suspension is not being imposed for misbehavior
as a member of Congress, while the suspension
meted out by Congress against its member is a
penalty for his disorderly behavior
Disciplinary Power of the
Office of the President
 Presidents disciplinary power
over appointive officials

President shall have control of all

the executive departments,
bureaus, and offices.
-Art. VII, Sec. 17 1987 Philippine Constitution
 Presidents disciplinary power
over appointive officials
Echeche v CA, 198 SCRA 577
Atty. Rizal P. Echeche was employed at the Bureau of Mines, however,
he was included in the lists of alleged undesirable and unfit public
servants who were purged under LOI No. 309.
Petitioner filed a letter-request for reinstatement with the Appeals
Committee.
After 10 years, a Memorandum was issued by the Assistant Secretary
for Legal Affairs ordering his reinstatement with payment of backwages
because he was removed from the service without cause.
Petitioner was reemployed and sought payment of his back salaries,
allowances, and bonuses. The DBM referred the matter to the Office of
the Executive Secretary which denied request for payment because
petitioner was merely re-employed, not reinstated as he was never
 Presidents disciplinary power
over appointive officials
Echeche v CA, 198 SCRA 577
An order of a cabinet secretary ordering
reinstatement of a dismissed officer and payment of
backwages does not become final, in the sense that it
can be reversed by the President through the Executive
Secretary or Assistant or Deputy Secretive Secretary,
for acts of cabinet secretaries are always reviewable by
the President in the exercise of his power of control. The
President can, by virtue of his power of control, review,
modify, alter or nullify any action, or decision of his
 Grounds for disciplinary action
(Sec. 60, Local Government Code)
An elective local official may be disciplined, suspended, or removed from
office on any of the following grounds:
Disloyalty to the Republic of the Philippines;
Culpable violation of the Constitution;
Dishonesty, oppression, miscounduct in office, gross negligence, or
dereliction of duty;
Commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor;
Abuse of authority;
Unauthorized absence of fifteen (15) consecutive working days, except in
the case of members of the sanggunian bayan, and sangguniang barangay;
Application for, or acquisition of, foreign citizenship or residence or the
status of an immigrant of another country; and
Such other grounds as may be provided in this Code and other laws.
 Administrative offense

- means every act or conduct or

omission which amount to, or
constitutes, any of the grounds for
disciplinary action, as those
enumerated in Sec. 60 of the Local
Government Code.
Presidents
Disciplinin
g
Authority
Sec. 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
 Sec. 62. Notice of Hearing.
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 after receipt of such answer of the respondent.
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.
However, no investigation shall be held within ninety (90) days
immediately prior to any local election, and no preventive suspension
has been 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.
Sec. 63. Preventive Suspension.
Preventive suspension may be imposed:
By the President, if the respondent is an elective official of a province, a
highly urbanized or an independent component city;
By the governor, if the respondent is an elective official of a component city or
municipality; or
By the mayor, if the respondent is an elective official of the barangay.
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 a 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 know at the time of the first suspension.
Upon expiration of the preventive suspension, the suspended elective official
shall be deemed reinstated in office without prejudice to the continuation of
Sec. 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
Sec. 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 evidence in
his favor through the compulsory
Sec. 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
Sec. 67. Administrative Appeals. Decision
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
sangguniang bayan; and
b.The Office of the President, in case of
decisions of the sangguniang
panlalawigan and the sangguniang
Sec. 68. Execution Pending Appeal. An
appeal shall not prevent a decision from
becoming final or executor. 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.