LAW ON PUBLIC OFFICERS

BEC of
I. Definition -Power of Control which may justify him to inactivate the functions of a
particular office
What is an OFFICE -Certain laws may grant him the broad authority to carry out
- position or function by virtue of which a person has some employment in the Reorganization measures, e.g.
affairs of another, whether the incumbent is selected by appointment or by election, Administrative Code (Bk. III, Sec. 31)
or whether he is appointed during the pleasure of the appointing power or for a President with continuing authority to reorganize the administrative
fixed term structure of the Office of the President subject to the policy of the
Executive Office and in order to achieve simplicity, economy, and efficiency
What is a PUBLIC OFFICE
- right, authority, and duty Scope of Power to Create: Power to Modify and Abolish
created and conferred by law, - GR: Power to create an office generally includes
by which for a given period, the power to modify or abolish it (Buklod ng Kawaning EIIB v. Zamora)
either fixed by law or to fix the number of positions and the salaries
enduring at the pleasure of the appointing power,
an individual is invested
with some portion of the sovereign functions (executive, legislative, judicial) - E: Power is Limited by Constitution
of the government, Offices created by Congress, latter may control, modify, abolish it
to be exercised by him for the benefit of the public (Mechem) whenever necessary, expedient, conducive to the public good
- charge, station, or employment conferred by appointment or election by a BEC No obligation or necessity to continue a useless office
government UNLESS Prohibited by the Constitution
- Public Office v. Public Employment
Office is Created by Constitution
PUBLIC OFFICE PUBLIC EMPLOYMENT Constitutional offices may be modified, abolished
Scope Is a public employment Not all PE is an office by the people thru a constitutional provision
Nature of the Created by law Lacks one or more of the THUS beyond the power of Congress to alter, discontinue
Office elements BUT mere mention of the office in the Constitution does not confer
Powers Delegation of sovereign constitutional status by itself
functions to be exercised by
him for the benefit of the 2) POWER: Invested with an authority to exercise
public some portion of the sovereign power of the State
Responsibilitie to be exercised for public interest >> Most Impt
s
What: Executive, Legislative, Judicial Power
- ESSENTIAL ELEMENTS OF A PUBLIC OFFICE THUS It is the DUTIES of his office which make him a public officer,
1) CREATION: -Constitution NOT the Extent of his authority
or ABOLITION -Law Immaterial then is the fact that his authority is confined to narrow limits
-Some body, agency to which the power to create the office has
been delegated Importance: PRESUMPTION OF REGULARITY of Official Acts
Absent clear and convincing proof,
GR: Inherently Legislative function that is supreme the bare allegation that a public officer acted with malice cannot
E: Constitution be sustained
President BEC The law tells the official what his duties are and that he
FOR bureaus, agencies, offices in the executive dept discharged these duties accordingly
 concerning
3) CONFERRED: Powers and Functions are defined the public,
By the Constitution, Law, Legislative authority assigned to
him by law
4) INDEPENDENCE: The duties pertaining thereto are performed independently, In - In relation to a “Clerk”, he is a person whose duties, not being of a
without control of a superior power other than law, Relation clerical or manual nature, involves the exercise of discretion in the
unless the are those of an inferior, subordinate officer To performance of the functions of government
(Officers) In relation to a person having authority to do a particular act, it
5) CONTINUITY: Continuing and Permanent in Nature, and includes any government ee having authority to do such act
Not Occasional or Intermittent
In relation to an “Employee” in laws of public officer, he:
Tenure of Office IMMATERIAL - Has greater importance, dignity, independence of his position
Absence of a definite tenure does not preclude a position from constituting a public - Required to take an official oath and official bond
office BEC Tenure need not be for a fixed period BUT may be at the pleasure of the - Liable to account as a public offender for misfeasance or nonfeasance
appointing power in office
- Includes subordinate positions with a degree of responsibility for
Continuance of Office Holder IMMATERIAL results
Continuance, that the duties attached to the position continue though the office
holder be changed, is not indispensable In relation to an “Employee” under the RPC, there is effectively no
distinction as the RPC penalizes any person who, by direct provision of
Permanence of Office IMMATERIAL law, popular election, or appointment by competent authority, takes
Immaterial whether office expires as soon as the series of/act be done, or held for part in the performance of public functions in the gov’t
years, or during good behavior IF the other elements are present BUT something
more permanent than a single transaction or transitory act is commonly required

* Not Compensation II. Nature and Purpose of a Public Office:

PUBLIC TRUST
OFFICER PUBLIC PUBLIC PUBLIC - BASIS:
OFFICER OFFICIAL EMPLOYEE Art. XI.I, Constitution
In - Someone - One who - Officer of the - Any person in Public office is a public trust.
General inseparably holds a Gov’t itself, as the service of the Public officers and employees must, at all times,
connected public office opposed to government, any be accountable to the people,
with an office - Such an officers and ees of its agencies, serve them with utmost responsibility,
officer as is of gov’t divisions, subds, integrity,
required by instrumentalities instrumentalities loyalty, and
law to be - Those whose efficiency;
elected or duly authorized act with patriotism and justice, and
appointed, acts are those of lead modest lives.
who has a the gov’t itself
designation Code of Conduct and Ethical Standards (R.A. No. 6713, Sec. 2)
or title given Every public servant shall at all times
to him by uphold public interest over his personal interest
law, and
who IMPLICATIONS: Held in trust for the benefit of the people
exercises - Held in trust for the people and are to be exercised in behalf of all citizens
functions
- Created for effecting the end for which government has been instituted, which is
the common good (benefit of the people), and NOT for the profit, honor, or private PUBLIC OFFICE PUBLIC CONTRACT
interest of any person Creation As an incident of Will of the parties
sovereignty
- Servants of the people, not their rulers Object To carry our sovereign Obligations only upon the
functions affecting persons parties
- Not a right (natural, property, contract), BUT a Responsibility and Privilege not bound by contract
Subject With Limited in duration and
NOT A NATURAL RIGHT Matter / tenure, Specific in its objects;
Right to public office exists only because and by virtue Scope duration, and Terms define and limit the
of some law expressly or impliedly creating and conferring it continuity (and rights and obligations
permanence of duties)
Right of eligibility to offices is not so secured, existing, where it exists at all, which do not depend on
only because and by virtue of some law expressly or impliedly creating and contract
conferring it
- THUS a very delicate position WHERE he occupies office to render service to the
NOT A PROPERTY RIGHT people and not as a means to promote his personal interest THUS continues only as
GENERAL RULE: Not property right entitled to protection long as his ability to advance public ends and contribute to public welfare
within the meaning and contemplation of the due process requirements of
the Constitution

No vested right or proprietary claim to public office III. Classification of Public Officers
THUS no violation of due process
by abolition of office before expiration of term, 1) NATURE OF FUNCTIONS
removal or suspension accdg to law a. Civil Officer - any kind of public office (LEJ)
b. Military Officer – all offices in the armed forces which solely
EXCEPTION: Entitled to Protection involve military functions
as property within the meaning of due process: 2) CREATION
1) Better Right a. Constitutional Officer – created by the Consti
- in controversies relating to the question b. Statutory Officer – created by statute and over which Congress
as to which of two persons is entitled thereto has full control
2) Security of Tenure 3) DEPARTMENT OF GOVT TO WHICH IT BELONGS
- Personal, thus cannot be inherited a. Legislative – enactment of laws
b. Executive – execution of laws
NOT A CONTRACTUAL RIGHT c. Judicial – adjudication of actual justiciable controversies and
Incumbent is not under contract so as interpretation of laws
to withdraw his tenure, salary, and the like from the control of the 4) BRANCH OF GOVT SERVED
legislature, or a. National Officer – any office in the national, central govt
to preclude the legislature from abolishing the office b. Local Officer – any office in the political subd of the Ph
5) DISCRETION – depends on general nature and scope of duties
NOT A CONSTITUTIONAL RIGHT a. Quasi-Judicial Officer – any office other than courts of justice
- No const’l right to run for office or hold elected office whose officers are charged with functions that require the
- RATHER, it is a POLITICAL PRIVILEGE which depends upon the favor of exercise of discretion, judgment
the people, which thus may be coupled with REASONABLE CONDITIONS
for the public good OFFICE OF TRUST
- EFFECT: He must thus comply with REASONABLE, LAWFUL, NON- - involved exercise of discretion, judgment, experience, skill
DISCRIMINATORY TERMS laid down by law - not necessarily handling of money, property
 DEPENDS
b. Ministerial Officer
– any office whose officers are charged with the duty to execute ELIGIBILITY INELIGIBILITY
the mandates lawfully issued by their superior - state or quality of being legally fitted - lack of the qualifications prescribed
- has no power to judge the matter to be done and must obey or qualified to be chosen by the Constitution, applicable law for
some superior holding public office
- performs MINISTERIAL ACTS, those which a person performs - continuing nature and must exist both
in a given state of facts, in a prescribed manner, in obedience to at the commencement and during the
the mandate of legal authority, without regard to or the exercise occupancy of an office
of his own judgment upon the propriety of the act being done
6) COMPENSATION ELIGIBLE INELIGIBLE
a. Lucrative Office; Office of Profit; Office coupled with an - he who is legally fitted or qualified to - legally or otherwise disqualified to
Interest – offices to which salary, compensation, fees are hold an office hold an office
attached - person who obtains a passing grade in - disqualified to be elected to an office
b. Honorary - none is attached a civil service examination or is granted - disqualified to hold an office, if
7) LEGALITY a civil service eligibility and whose name elected or appointed to it
a. De Jure is entered in the register of eligibles - disqualified to hold an officer
b. De Facto
c. WHEN MUST QUALIFICATIONS BE POSSESSED: Depends on
IV. Eligibility and Qualifications Language used
a. Importance: The requirements for holding office are: i. Consti, Law SPECIFIES: Then at the time specified
i. Must be eligible ii. Consti, Law SILENT: Recourse to other means to
ii. Must possess the qualifications prescribed by the determine the matter ~ Language, Terms used
Constitution and Law 1. Rule 1: “Eligible” in Consti, Laws refers to
iii. OTHERWISE, a person who is ineligible or unqualified capacity of HOLDING OFFICE, not of being
gives him no right to hold the office elected, apptd THUS must be qualified at the
1. Unqualified person cannot be appointed even TIME OF THE COMMENCEMENT OF TERM,
in an acting capacity (Ignacio v. Banate) INDUCTION TO OFFICE ~ THIS IS CRUCIAL
2. Effect: Incumbent continues in office in hold- 1. Other View: At time of ELECTION,
over capacity (Ignacio) APPT
2. Rule 2: If provision refers to holding of office,
b. DEFINITIONS rather than to eligibility to office, then at the
QUALIFICATION DISQUALIFICATION commencement of the term
Two senses: 3. Rule 3: Whether qualified at election/appt,
1) endowment or accomplishment that the same is not sufficient if he ceases to be
fits one for office ~ Credentials, Qualities, qualified:
Successes, Achievements as an individual 1. at the time of the commencement of
2) the act which a person is reqd to do the term and
by law before entering upon the 2. during the continuance of the
performance of his duties ~ Technical incumbency
def 4. Example: LGC, Sec. 39 on “Qualifications of
- taking of oath, giving bond Elective Officials”, not “candidates” thus
- determined by Constitution and - determined by Constitution and required only at the start of term and not at
Congress Congress election
- Continuing reqt even if commencement - Effect of Removal of Disqualifications iii. Rationale: Qualifications cannot be erased by the
disputable (depends of language) after commencement of and during term electorate alone BEC presumed that they believed the
candidate to be qualified
 iv. EFFECT OF REMOVAL OF DISQUALIFICATIONS 2. e.g. Method of appt of a SC Justice provided by
1. When: At the commencement of and during the Consti is mandatory and binding (Vargas v.
the continuance of the term Rilloraza)
2. Effect: Two views
1. 1: Removal validates the title f. CONSTRUCTION OF RESTRICTIONS ON ELIGIBILITY
2. 2: Depends on i. Presumption in favor of eligibility
i. Nature of disqualification 1. Who: One who has been elected/apptd to
ii. Mode of removing it public office
iii. Time at which it is removed 1. GR: All persons are normally and
equally eligible to public office
d. WHO PRESCRIBES QUALIFICATIONS: CONGRESS! But in 2. E: Excluded by some legal
varying degrees... disqualifications
i. General Principles : Congress empowered to prescribe 2. Why: Strong public policy to favor the right of
qualifications for holding public office PROVIDED: voters to exercise their choice ~ Always
1. It does not exceed its const’l powers and not presume the positive
inconsistent with consti ii. Strict construction against ineligibility
2. It must have a rational basis ~ rational nexis
b/w the reqts and duties g. WHEN TO QUESTION POSSESSION OF QUALIFICATIONS:
3. It must not be too detailed as to practically ALWAYS ~ Ineligibility is always subject to question
amount to making an appt, which is an i. No estoppel (Castaneda v. Yap)
executive function, and not legislative
ii. OFFICES CREATED BY CONGRESS
1. Congress can provide for quali and disquali Effect of CERTIFICATION
2. LIMIT: Does not impinge upon any express - certification of a person by the CSC as a civil service eligible does not amount to an
provision of the Constitution appt to any position, nor does it insure appt, as the apptg power has the right of
iii. OFFICES CREATED BY CONSTI choice, to be freely exercised accdg to his judgment, as to who is best qualified
1. GR: If Consti prescribes specific eligibility among those eligible
reqts for a particular const’l office, such const’l
criteria are exclusive
2. E: Consti gives it power to set qualifications
expressly or impliedly
V. Particular Formal Qualifications (EL CASPER) 8

a. CITIZENSHIP
iv. QUALI PRESCRIBED BY CONSTI
i. GR: Aliens are not eligible to public office
1. GR: Not self-executing BEC merely
ii. E: Privilege is extended to them by statute
announcements of a general principle clearly
iii. WHY: Gov’t is instituted by the citizens for their liberty
requiring legislation for their enforcement
and protection and is to be administered only by them
and thru their agency
e. WHO PRESCRIBES DISQUALIFICATIONS: CONGRESS!
~ BEC it involves the performance of SOVEREIGN FXNS
i. GR: Congress has the same right to provide disquali in
requiring loyalty to the state
the absence of const’l inhibition
b. AGE
ii. E: Congress cannot add disquali where the Consti has
i. GR: All persons are normally considered qualified for
provided them in such a way as to indicate an
public office THUS Majority Age does not necessarily
intention that the disquals provided shall embrace all
qualify him
that are to be permitted ~ Intent to be exclusive
ii. WHY: Public Policy ~ Experience and Wisdom come with
1. Congress cannot remove such disquals under
age
the power to prescribe quali as to such offices
c. SUFFRAGE ~ Connected to Citizenship ret
as it may create
i. GR: If law is silent, only electors are eligible
 ii. E: WHEN Age qualification is below the minimum voting CSC NBC 35 at proven capacity
appt for public
age reqts, persons not electors may be appointed or administration
elected to office if not excluded by some constitutional not candidates
or legal disqualification for any elective
1. IF law uses “voter”, “elector”, “qualified voter”, position in the
immediately
“qualified elector”, then it is a matter of preceding
construction BEC construed to be qualified elections
even if not registered as “qualified voter” COMELEC NBC 35 at college degree
d. RESIDENCE ~ to know problems of community appt lame duck
majority and
i. Scope: “Residence” is “Domicile” Chairman must
ii. Elements be members of
1. Intention to reside in a fixed place the Bar with
2. Personal presence in that place 10y practice
COA NBC 35 at CPA with 10y
3. Conduct indicative of such intention appt auditing
e. EDUCATION experience, OR
i. WHY: The more education an individual has, the better Lawyers with
10y practice,
and more effective public officer he will be BUT At no time
ii. WHEN REQD: When they reasonably relate to the shall all belong
specialized demands of an office to same
f. LITERACY / ABILITY TO READ AND WRITE profession
lameduck
i. WHY: Not constitutionally prohibited BEC Reasonable OMBUDSMAN NBC 40 at recognized
relationship with duties of the position appt probity and
g. POLITICAL AFFILIATION ~ e.g. Commission on Appts independence
i. GR: Proscribed BEC form of political expression Ph Bar with 10y
- practice
ii. E: Compelling state interest - sat as judge
h. CIVIL SERVICE EXAMINATION lameduck
i. WHY: To insure merit and fitness to perform the duties CHR NBC Majority
and assume the responsibilities of the positions members of Ph
Bar
ii. Example: First and Second Levels of the Career Service

CITIZEN-
SHIP
VOTER
REG
LITERACY RESIDENCY AGE OTHERS VI. Prohibited Qualifications
PRESIDENT, natural- Registered Read and 10y Ph 40 at
a. RELIGIOUS QUALIFICATIONS / RELIGIOUS TEST
VP born Voter Write resident election i. WHAT: One demanding the avowal or repudiation of
citizen preceding certain religious beliefs before the performance of any
election act
SENATORS NBC RV RW 2y Ph 35 at
resident election 1. OLD RULE in Pamil v. Teleron: Prohibition in
preceding RAC (1917), Sec. 2175 against ecclesiastics in
election municipal officers is CONSTITUTIONAL (BUT
HOUSE OF NBC GR: RV in RW 1y District 25 at only because insufficient votes to declare
REPS district resident election
E: Party- preceding otherwise)
list Rep election 2. NOW: No longer in the 1987 Admin Code ~
JUSTICES (SC, NBC 40 at proven THUS Deemed repealed
COLLEGIATE appt competence,
COURTS) independence,
ii. WHY: Unconstitutional invasion of freedom of belief and
integrity, religion
probity
15y practice of b. PROPERTY QUALIFICATIONS – TWO VIEWS:
law in Ph
 i. 1: CAN BE CONSTITUTIONAL BEC Prohibited only to ii. GROUNDS: Conviction of...
offices provided for in the Constitution THUS Allowed in 1. Culpable violation of the Constitution
offices created by Congress 2. Treason
ii. 2: UNCONSTITUTIONAL BEC Invidious discrimination 3. Bribery
against non-landowners WITHOUT rational connection 4. Graft and Corruption
b/w qualifications for administering public affairs and 5. Other High Crimes
ownership of real property 6. Betrayal of Public Trust
1. Maquera v. Borra: Unconstitutional (reqt of iii. SCOPE OF IMPEACHMENT
surety bond) BEC Property qualifications are 1. Removal from office
inconsistent with... 2. Disqualification to hold any office in the Ph
1. the essence and nature of the iv. WHY: Protect the people as a body politic
republican system ordained in our
Constitution where sovereignty d. REMOVAL, SUSPENSION FROM OFFICE
resides in the people, and i. ISSUE: Grounds for Removal, Suspension include acts
2. the principles of Social Justice that would disqualify him also BUT Is mere removal,
guaranteeing equal opportunity for suspension itself ground for disqualification?
all, rich and poor alike ii. GR: No. Where there is no constitutional or statutory
declaration of ineligibility for such cause, the courts
may not impose the disability THUS Removal...
VII. Particular Disqualifications 1. Does not bar election, appt for new term of the
a. MENTAL, PHYSICAL INCAPACITY same office
i. WHY NOT IDIOT: Incapable of accepting and holding 2. Bars only the election, appt for the unexpired
public office term
ii. RE: BLIND PERSON: Eligible if ISSUE: LGC, Sec. 40 only disqualifies in local offices thus can run for
1. He possesses the other qualifications imposed national office > ABSURD!
by law
2. There is no provision of law excluding him e. PREVIOUS TENURE OF OFFICE
from the office because of his blindness i. GR: No reelection regardless of length of time he has
PROBLEM: Nobody wants to admit that he is so THUS Pet in Court served
for Declaration of Insanity ii. E: Succession UNLESS Succeeding as Pres and serving as
such for more than 4y
b. MISCONDUCT, CRIME ~ Highest standards of ethics iii. Examples: President, ConComs, Omb
i. WHY: Assure public confidence in the essential integrity
of the govt f. CONSECUTIVE TERMS
ii. WHEN: Mere Commission v. Conviction i. WHAT: Prohibition against holding of certain elective
1. Depends on wording of applicable provisions offices by the same persons for more than a stated
iii. SCOPE: Local and National Law number of consecutive terms
Violation of Municipal Ordinance ii. Examples: VP (2), Senators (2), HR (3), Elective Local
1. Crime if it involves at least a certain degree of Officials (3)
evil doing, immoral conduct, corruption,
malice, or want of principles reasonably g. HOLDING MORE THAN ONE OFFICE ~ MULTIPLE OFFICES
related to the reqts of the public office i. WHY: No constitutionally protected right to hold
2. Acts intrinsically punishable as a public incompatible offices
offense 1. To prevent offices of public trust from
accumulating in a single person
c. IMPEACHMENT
i. WHO ARE IMPEACHABLES: Pres, VP, SC, ConCom, OMB
 2. To prevent individuals from deriving,
in/directly, any pecuniary benefit by virtue of
their dual position-holding h. RELATIONSHIP WITH APPOINTING POWER ~ NEPOTISM
ii. SCOPE: Prohibited and Non-Conflicting Offices i. WHY: To guarantee the basis of appt as solely merit and
iii. EFFECT OF VIOLATION: Upon acceptance and fitness, uninfluenced by personal and filial
qualification for second and incompatible office, THEN consideration
Deemed to vacate, resign by implication from the first ii. SCOPE: Excludes those appointed/elected then marries
office there must be a full report to the CSC (Admin Code)
iv. Examples: iii. EXEMPTIONS
1. EVERYWHERE: P, VP, Cabinet, ConComs, Omb 1. Persons employed in a confidential capacity
2. IN GOVT: Senator, HR, SC, Appointive officials, ~ bec you can trust relatives
AFP 2. Teachers Bec we need them
3. Administrative Code, Book IV, Chapter 10, Sec. 3. Physicians
49: Inhibitions Against Holding More Than 4. AFP Members
Two Positions iv. EXAMPLE 1: VII.13, par. 2 (BARABLE)
1. WHAT 1. WHO
i. Cannot hold more than two 1. Spouse
positions in the govt and 2. Relatives by consanguinity or affinity
goccs within the fourth civil degree of the
ii. Cannot receive the President
corresponding 2. WHAT
compensation therefor 1. During his tenure
iii. In addition to his primary 2. Shall not be appointed as
fxns i. Members of the
iv. Even if allowed by law or Constitutional
the primary functions of his Commissions, or
position ii. Office of the Ombudsman,
2. WHO iii. Secretaries,
i. Member of the Cabinet iv. Undersecretaries,
ii. Usec v. Chairmen or heads of
iii. Asec bureaus or offices,
iv. Other appointive official of including government-
the executive department owned or controlled
3. LEGALITY OF THIS PROVISION: corporations and their
Embodied in EO 294 which Court subsidiaries
declared as UNCONSTI in CLU v. v. EXAMPLE 2: Civil Service Decree ~ 3 GROUPS
Exec. Sec. (Feb.) YET Reissued in EO 1. WHO: 3rd degree consanguinity/affinity
292 (July) BUT SIR SAYS VOID ALSO 1. Relative of the apptg or
BEC SAME PROVISION recommending authority
2. Relative of the chief of the bureau,
Mother case: CLU v. Executive Secretary: General v. Special office
VII is more specific 3. Relative of persons exercising
IX-B allows those allowed by law and by primary immediate supervision over him
functions of the office BEC Ex officio office is not “OTHER 2. WHAT: Cannot be appointed in national,
OFFICE” as long as no compensation provincial, city, municipal govts or branch,
instrumentality thereof, GOCCs
PURPOSE: Devote full time to public service
 i. OFFICE NEWLY CREATED / EMOLUMENTS INCREASED
i. WHO: Senator, HR b. APPOINTMENT
ii. WHAT: Offices that Congress must itself cause to exist i. WHAT:
iii. WHY - Act of designation
1. To prevent an individual legislator from By the executive officer, board, body
profiting by an action taken by him with bad to whom that power has been delegated
motives Of the individual who is to exercise
2. To prevent all legislators from being the powers and functions of a given office
influenced by either conscious or unconscious - Filling a vacancy
selfish motive - Nomination or Designation of an individual to an office

j. BEING AN ELECTIVE OFFICIAL ~ SPOILS SYSTEM ii. WHO APPOINTS

i. WHAT: Elective Official shall not be eligible for 1. PEOPLE – selection of persons to perform the
appointment, designation in any capacity to any public fxns of gov’t is primarily a prerogative of the
office, position during his tenure people BEC people are souce of govt
ii. DURATION: During his tenure in office of the elective
official BUT DELEGATED by the people who cannot
iii. REMEDY: Forfeit his seat to be appointed always be called upon to act immediately
> NO DISTINCTION b/w National and Local Elected Officials when the selection of an official is necessary
BUT Only as an incident to the discharge of the
k. POLITICAL LAME-DUCKS (HAVING BEEN A CANDIDATE FOR fxns within their respective spheres:
ANY ELECTIVE POSITION) 2. EXECUTIVE DEPT BEC
i. WHO: Any candidate who has lost in any election 1. Power to appt is, in its nature, an
ii. WHAT: Cannot be appointed to any office in the Gov’t or executive fxn
GOCC 3. CONGRESS
iii. WHEN: Within 1y after such election 4. COURTS
iv. CONFLICT: LGC, Sec. 94 which
1. allows losing elective candidate from being iii. NATURE OF POWER: Plenary Discretion
appointed to any office BUT Consti also 1. WHAT: Political and administrative decision
prohibits election calling for considerations of wisdom,
2. allows losing candidates in barangay elections convenience, utility, and the interests of the
to be appointed to any office in the govt within service
1y from election lost > Being the NEXT IN RANK does not entitle
3. prohibits only elective or appointive local anyone to be next in promotion but only a
official from holding any other office or ent in preferential consideration BEC appt is
the Gov’t or GOCC UNLESS Otherwise allowed discretionary
by law, primary fxns of his position > THUS 2. REQT: Selection must finally be his act alone
Implying that national lame-ducks can be but limited to candidates having the
appointed in local offices qualifications required by the civil service law
3. IMPLICATIONS
l. LGC PROHIBITIONS 1. NO JUDICIAL REVIEW
i. GR: NO BEC Exercise of
discretion of the public
VIII. ACQUISITION OF RIGHT, TITLE TO OFFICE officer
a. MANNER: Election or Appointment
ii. E: GAD
i. Only in the manner prescribed by Consti, Law
2. NOT LIABLE as long as exercised in
ii. NOT By own assumption / employment by private
Good Faith
person
 4. WHY 4. CARETAKER PRINCIPLE: Appointing Power
1. Head of Office is familiar with the cannot forestall the rights and prerogatives of
organizational structure and his successor by making a prospective appt to
environmental circumstances within fill an office where the appointee’s term is not
which the appointee must function to begin until the appt power’s own term has
2. Dept Heads are in the most favorable expired
position to determine who can best
fulfill the fxns of the office c. APPOINTMENT PROCESS
i. NOMINATION
iv. SCOPE OF DISCRETION 1. Exclusive prerogative of the President
1. Power to Remove, Discipline 2. Congress cannot limit EXCEPT
2. Power to assess qualifications and who is best 1. CApp approval
qualified 2. Qualifications prescribed by law
3. Power to determine whether the appt is
demanded by the exigencies of the service 3. THUS, while Congress may create an
office, it cannot specify who shall be
v. KINDS OF POWER appointed by the President therein
1. ABSOLUTE (Rafael v. EACIB)
1. Only Reqt: If it falls upon an eligible
person ii. CONFIRMATION
2. Effect: 1. Exclusive prerogative of Congress via
i. No further consent, COMMISSION ON APPOINTMENTS to confirm
approval is necessary or reject certain appts
ii. Commission, or formal 2. IMPT: No appt yet in the strict sense until it is
evidence of the appt, may confirmed ~ Appt as JOINT ACT of President
issue at once and CApp
iii. CApp approval Not
Necessary iii. ISSUANCE OF COMMISSION
2. CONDITIONAL 1. COMMISSION:
1. Reqt: When assent, approval by some 1. Written authority from a competent
other officer or body is necessary to source given to the officer as his
complete the appt warrant for the exercise of the
2. CApp approval necessary powers and duties of the office to
which he is commissioned
vi. RESTRICTIONS OF APPOINTING POWER 2. Written evidence of the appt, but not
1. Persons to be appointed should possess the the appt itself
prescribed qualifications 3. Conclusive evidence of the appt as
2. Persons must be selected solely with a view to soon as it is signed by the Pres.
the public welfare 2. NATURE: Ministerial act
3. Appointing power should exercise it with d. REVOCABILITY
disinterested skill and in a manner primarily i. GR: IRREVOCABLE! Cannot be revoked by Appointing
for the benefit of the public Power
1. To secure the utmost freedom from 1. Where Appt is Complete and Final
personal interest in such appt 1. WHAT: When President has been
2. To prevent use of power to confer an notified of the confirmation and has
office on himself completed the appt by issuing the
 commission to the appointee, who fact of appt, and not upon his ability
thereupon assumed the office to establish that fact (Ykalina v.
2. E: Officer is removable at will of the Oricio, 1953)
Apptg Power ii. EFFECT IF NONE: No vested right, security of tenure
2. Where Appointee has assumed the duties
and fxns of his position 1. Tolerance, Acquiescence, Mistake of Officials
1. BEC He acquires a LEGAL RIGHT resulting in non-observance of the
which cannot be taken requirements to complete appt does not
2. EXCEPT for CAUSE and with NOTICE, render the reqts ineffective and unenforceable
HEARING iii. CSC APPROVAL
ii. E: REVOCABLE 1. WHAT: Determine WON
1. For cause by the Apptg Power - Proposed appointee is a qualified service
2. By CSC, when appt is eligible or possesses appropriate eligibility,
1. Void ab initio reqd qualifications
2. Irregular due to fraud by appointee - Rules pertinent to the process of appt are
i. IF No fraud, deemed cured followed
by the probational and 1. APPROVE: Possesses appropriate
absolute appt of the apptee eligibility
and should be considered i. Merely serves to assure the
conclusive eligibility of the appointee
3. Violation of law in its issuance 2. DISAPPROVE: Non-conformity to
4. NOT On mere ground that another is applicable provisions of law and on
more qualified the appointee’s qualifications
iii. REMEDY: REMOVAL i. REMEDY: MR with CSC
ii. RECALL BY CSC: Motu
e. COMPLETION OF APPOINTMENT proprio or by MR
i. WHEN: When last act required for the appointing power 2. NATURE: Does not complete the appt
is performed ALTHOUGH it is an essential part of the
1. IF Absolute: Complete when appointee has appointing power
been determined > Issuance of Commission 3. WHEN REQD
2. IF Conditional: Upon assent, confirmation of 1. GR: All appts in the civil service
another office, body whether original, promotional
1. Apptg officer and CSC, acting 2. E:
together, consecutively, make an i. Presidential appts
appt complete ii. AFP
3. WON WRITTEN: 2 Views iii. Police forces
1. REQD: BEC Appt to office iv. Firemen
i. affects the public, and not v. Jail guards
merely private rights 4. WHEN TO APPROVE: within reasonable time
ii. should thus be 1. Old Rule (PD 807): All appts must be
authenticated in a way that submitted to CSC within 30d,
the public may know when OTHERWISE Ineffective if not so filed
and in what manner the 2. Now (EO 292, Obiasca v. Basollete
duty has been performed 5-star): Reasonable time to submit
iii. Valencia v. Peralta (1963) to CSC
2. NOT REQD: Right of appointee to be
inducted into office depends on the
 i. WHY: It would open the discharge the duties of said
door to fraud, bad faith, office
office politics iii. US v. Pompeya: Male
ii. Tomali v. CSC: Appointee inhabitants of a certain age
must take initiative to may be required by the
assure that appt papers State, in the exercise of its
have been submitted to the police power, to assist in
CSC > Follow it up! the protection of the pace
and order of the community
iv. ACCEPTANCE OF APPT 3. BASIS: Social duty to bear his share
1. NATURE: Distinct from appt of the public burdens by accepting
1. GR: Not necessary to completion or and performing, under reasonable
validity of appt BEC Appt is sole act circumstances, the duties of those
of appointing power public offices to which he may be
2. E: Law expressly requires it for lawfully chosen
completion of the appt v. EFFECTIVITY OF APPT
3. IMPT: Necessary for Full Possession, 1. GR: Immediately upon issue
Enjoyment, Performance, 1. Effective immediately upon issue by
Responsibility of Office the apptg authority
4. Acceptance is sole act of Appointee 2. Until disapproved by CSC
2. FORM i. E: If the appointee has
1. EXPRESS – oath, bond assumed the duties of his
i. Verbal position PRIOR to CSC
ii. Written disapproval, then he is
2. IMPLIED – When, without formal entitled to receive salaries
acceptance, appointee enters upon 2. EFFECT:
the exercise of the duties and fxns of 1. Entitled to receive salaries
an office
3. MANDATORY v. VOLUNTARY
1. GR: Not compulsory BEC Involuntary
servitude
2. EXCEPTIONS
i. II.4: Govt may call upon the
people to defend the State
and all citizens may be
reqd, in the fulfillment
thereof and under
conditions provided by law,
to render personal
military or civil service
ii. RPC, 334: Arresto
mayor/fine/both upon any
person who, having been
elected by popular election
to a public office, shall
refuse without legal
motive to be sworn in or
f. APPOINTMENTS BY THE PRESIDENT 1. BEC Removal is
i. BASIS OF POWER: VII.16 final and on the
ii. WHO IS APPOINTED ~ 4 GROUPS OF OFFICIALS merits
1. REGULAR APPT ~ COA REQD ~ EXCLUSIVE ii. Until next adjournment of
1. Heads of executive departments, Congress
2. Ambassadors, 1. Nachura: Includes
3. Other Public Ministers and Consuls, recess
4. Officers of the Armed Forces from (Nachura)
the rank of colonel or naval captain 2. De Leon: Excludes
5. Other officers whose appts are voluntary recess
vested in him in the Constitution 4. WHY ALLOWED: Keep the business
i. JBC (VIII.8.2) of govt in continuous operation when
ii. CSC (IX-B.1.2) Congress is not in session > Existing
iii. COMELEC (IX-B.1.2) clear and present urgency caused by
iv. COA (IX-C.1.2) an impending obstruction or
v. Regional Consultative paralyzation of the functions
Commission (X.18) assigned to the office to be filled if
2. Other Officers of the Gov’t whose appts are not not immediate appt is made
otherwise provided by law 5. REQD: Release to and acceptance of
3. Other Officers whom he may be authorized by appt by appointee before
law to appoint confirmation by CApp, OTHERWISE
4. Other Officers lower in rank vested by Incomplete appt THUS No ad interim
Congress in the President alone appt that could be validly
iii. KINDS OF APPTS transmitted to and acted upon by the
1. REGULAR CApp (Rosales v. Yenko)
1. WHEN: Those made while Congress 3. PERMANENT
is in session 1. WHEN: Those which last until they
2. NATURE: Mere nominations BEC are lawfully terminated
subject to CApp confirmation 4. TEMPORARY / ACTING
2. AD INTERIM APPOINTMENTS 1. WHEN: Those which last until a
1. NATURE: Permanent permanent appt is issued
i. BUT REVOCABLE before 2. BASIS: Power to appt includes Power
confirmation to make temporary/acting appts BEC
ii. C: Security of Tenure! the whole includes and is greater
Cannot be removed even than the part, UNLESS:
before CApp approves i. Specifically prohibited by
2. WHEN: Those made while Congress Consti, Law
is not in session or during its recess ii. Temporary appt is
i. Compulsory Recess: when repugnant to the nature of
Congress adjourns the office to be filled
ii. Voluntary Recess: takes 3. RIGHTS:
place before the i. No fixed tenure of office ~
adjournment of Congress, Term expires upon
eg Christmas break separation
3. EFFECTIVITY: ii. Terminated at pleasure
i. Until disapproval by the even without Cause,
CApp Hearing
 iii. If unqualified person, 1. Dissent (citing Aytona v. Castillo):
cannot be apptd Outgoing official is only a caretaker
5. DESIGNATION who should not preempt successors’
1. WHAT: prerogative
i. Mere imposition of new or
addtl duties upon an officer
to be performed by him in a
special manner while he
performs the function of his
permanent office
ii. Presupposes that the officer
is already in the service by
virtue of an earlier appt,
performing other fxns
2. EFFECT: Revocable

iv. MIDNIGHT APPOINTMENTS

1. De Castro v. JBC: Prohibition in VII.15 on
presidential appointments within 2m before
the next presidential election IS NOT
APPLICABLE TO THE JUDICIARY, BUT ONLY
TO THE EXECUTIVE DEP’T
1. WHY: Structural approach ~ Covered
by separate articles
2. C: Contrary to
i. Clear provision
ii. Philosophy and reason
behind the prohibition
against MIDNIGHT APPTS,
that is not to preempt his
successor’s prerogatives
BEC
1. he is only a
caretaker of the
office during the
prohibited period
of 2m and
2. it is ethically
objectionable to
do so
3. EXCEPTIONS
i. Temporary appts
ii. Executive Depts
iii. Required by public service
and safety
2. De Rama v. CA: Prohibition on MN appt applies
only to the President
 g. APPTS IN THE CIVIL SERVICE determine the practical and technical
qualifications of the applicants to
Who is the CIVIL SERVICE COMMISSION perform the duties of the position to
- central personnel agency of the gov’t be filled
- duty of determining questions of qualifications of merit and fitness of one ii. NON-COMPETITIVE: based on highly technical
appointed to the civil service qualifications
1. Policy-Determining – power of formulating
Scope of the Civil Service System policies for the govt, any agencies, subd,
- all branches, subdivisions, instrumentalities, and agencies of the Gov’t instrumentalities (eg Cabinet members)
- GOCCs with original charters 2. Primarily Confidential
- military establishments a. Occupant enjoys more than the
ordinary confidence in his aptitude
PRINCIPLES BEHIND THE CIVIL SERVICE SYSTEM of the appointing power
- Merit system, instead of the spoils system in the matter of appt and tenure of office b. Occupant bears primarily such close
- Laws are not penal, but designed only to eradicate the system of making appts intimacy which insures freedom of
primarily from political considerations intercourse without embarrassment
or freedom from misgiving of
PURPOSES OF THE CIVIL SERVICE SYSTEM betrayal of personal trust on
1) To establish a merit system of fitness and efficiency as the basis of appts confidential matters of State
2) To eliminate the element of partisanship and personal favoritism in c. WHO DETERMINES CONFIDENTIAL
making appts as far as practicable POSITIONS
3) To prevent discrimination in appts to public service based on any i. NATURE OF THE
consideration other than fitness to perform its duties POSITION / NATURE OF
4) To enable the national and local govt and all its instrumentalities and FUNCTION TEST (CSC v.
agencies to render more efficient services to the public by enabling them Salas)
to obtain efficient public servants ii. President, upon
recommendation of CSC
CLASSIFICATION OF POSITIONS IN THE CIVIL SERVICE d. TERMINATION: Based on loss of
1) CAREER confidence THUS Not removal but
CHARACTERISTICS Expiration of term of office
a. Entrance based on merit and fitness 3. Highly Technical in nature
i. COMPETITIVE: those be determined, as far as practicable, a. Possession of skills or training in a
by competitive examinations, supreme or superior degree
1. NATURE: It is the general rule 4. DETERMINATION OF CHARACTER OF
2. HOW POSITION: NATURE OF FUNCTIONS
a. Must be given under an objective ATTACHED ~ Ultimately a judicial question
standard of grading b. Security of tenure
b. Must conform to measures or c. Opportunity for advancement to higher career positions
standards which are sufficiently
objective to be capable of being
challenged and reviewed , when KINDS
necessary, by other examiners of a. OPEN CAREER POSITIONS – requires prior qualification in an
equal ability and experience appropriate exam
c. In substance, not merely in form b. CLOSED CAREER POSITIONS
3. FORM: None Competitive – scientific or highly technical in nature
a. Oral Exam can be competitive if the Exam - faculty, academic staff of state colleges and universities
questions are such as to best
 - scientific or technical positions in scientific or research
institutions PURPOSES
c. CAREER EXECUTIVE SERVICE - as basis for civil service exams for positions in the career service
- USEC, ASEC, Bureau Director, Asst. BD, Chief of Dep’t Service, - as guides in the appt and other personnel actions in the adjudication of
Other officers of equivalent rank protested appts
- SECURITY OF TENURE attaches only to RANK, not position - in determining training needs
d. PRESIDENTIAL APPOINTEES – Foreign Service Officers in DFA - as aid in the inspection and audit of the agencies’ personnel work
e. AFP – BUT with own separate merit system programs
f. GOCCs – whether performing governmental / proprietary fxns - as incentives to officers and ees towards professional growth
g. PERMANENT LABORERS – semi/non/skilled
2) NON-CAREER ESTABLISHMENT, ADMINISTRATION, MAINTENANCE
CHARACTERISTICS - Department or Agency itself establishes QS
a. Entrance on bases other than those of the usual test of merit and - CSC approves the same
fitness utilized for the career service - Wage and Position Classification Office consulted
b. Tenure which is limited to...
i. period specified by law
ii. co-terminus with that of the apptg authority OFFSETTING OF DEFICIENCIES
iii. subject to his pleasure ~ No cause, notice, hearing reqd - Appointee’s education, experience or training may be used interchangeably to
iv. limited to the duration of a particular project for which offset deficiencies
purpose employment was made - EXCEPT: the required civil service eligibility
- WHEN: When necessary
OFFICIALS INCLUDED At the discretion of the apptg authority who is in the best position to
a. Elective officials and their personal or confidential staff determine the needs of his office and how to satisfy those needs
b. Dept heads and other officials of cabinet rank who hold positions
at the pleasure of he Pres and their personal and confidential
staff KINDS OF APPTS ~ Difference: SECURITY OF TENURE
c. Chairmen and members of commissions and boards with fixed 1) PERMANENT
terms of office and their personal and confidential staff - to a person who meets all the reqts for the position to which he is
d. Contractual personnel and those whose employment in the govt appointed, in accordance with the provisions of law and the rules and
is in accordance with a special contract to undertake a specific standards promulgated pursuant thereto, including the appropriate
work or job requiring special or technical skills not available in eligibility prescribed
the employing agency, to be accomplished within a specific - continues until lawfully terminated
period not exceeding 1y, and performs with minimum direction - SECURITY OF TENURE: removed only for cause provided by law
and supervision from the hiring agency
e. Emergency and seasonal personnel 2) TEMPORARY / ACTING
f. Casual employee when employment is not permanent but - to a person who meets all the reqts for the position to which he is being
occasional, unpredictable, sporadic, and brief in nature appointed EXCEPT the appropriate civil service eligibility
- NOT Lack of eligibility
- BUT Possession of civil service eligibility different from that
What are QUALIFICATION STANDARDS which is appropriate to the position for which he was appointed
- Minimum requirements for a class of positions - max 12m or sooner if a qualified civil service eligible becomes available
in terms of education, - WHY APPOINTED: Absence of appropriate eligible
training and experience, - GR: No temporary appt of non-eligible whenever there is a civil
civil service eligibility, service eligible actually available for appt
physical fitness, - E:
other qualities reqd for successful performance - When immediate filling of the vacancy is urgently reqd
- Workable guidelines for the apptg authority in the public interest
 - When the vacancy is not permanent

- EFFECT OF SUBSEQUENCE ELIGIBILITY

- DOES NOT CONTINUE AS A PERMANENT APPT THUS Need of a
new appt
- PASSING OF EXAM does not automatically convert the temporary
appt into a permanent one THUS Need of new appt (Province) >
Sir: Dangerous against appointee bec. the possibility is always
there that he would be replaced
- REMOVAL:
- REPLACEABLE even by a non-eligible
- Terminated at the pleasure of the apptg power, without notice,
hearing, regardless of grounds, reasons
- BUT With “such protection as may be provided by law” to
prevent indiscriminate dismissals of temps
Cannot be removed without justifiable cause if appt
is for a definite period

3) APPT THRU CERTIFICATION

WHAT: Certified by the CSC that you’re in roster of eligibles
Person is selected from a list of qualified persons
certified by the CSC from an appropriate register of eligibles and
who meets all the other reqts of the position

EFFECT
- 6m Probation
- Character investigation to acquire permanent civil service status
- May be dropped from the service for unsatisfactory conduct or want of
capacity any time

HOW TO DETERMINE KIND OF APPT: Nature of Appt extended

REVIEW POWER OF THE CIVIL SERVICE COMMISSION: RECALL OF APPT
APPROVAL, RECALL, REINSTATEMENT I. WHO CAN RECALL: CSC
a. Once an appt is accepted by the appointee, the apptg authority
APPROVAL cannot withdraw, revoke the appt which remains in force and
1. WHEN TO APPROVE / DISAPPROVE effect until disapproved by the CSC
i. APPROVE WHEN b. THUS, Authority to recall an appt initially approved is with the
1. Proposed appointee is a qualified service eligible or possesses CSC
appropriate eligibility, reqd qualifications ~ Minimum eligibility c. BUT Only if the appt and approval are proven to be in disregard
reqts of applicable provisions of the civil service law and regulations
2. Rules pertinent to the process of appt are followed II. GROUNDS FOR RECALL (IR of RAC, Rule VI.20) ~ Very specific.
a. NO OTHER CRITERIA may be employed a. Non-compliance with the procedures, criteria provided in the
b. Approve even if others are more qualified agency’s Merit Promotion Plan
c. Cannot make an appt or direct apptg authority to b. Failure to pass thru the agency’s Selection/Promotion Board
change the employment status of the appointee MEMORIZE c. Violation of the existing collective agreement b/w management
3. NATURE: Ministerial and ees relative to promotion
a. When qualified, ATTEST TO APPT and that’s the end of d. Violation of other existing civil service law, rules, and regulations
its role e. MIDNIGHT APPT is not a ground for recall of appts BEC
b. Merely serves to assure the eligibility of the appointee Prohibition applies only to appts by the Pres/Acting Pres (De
ii. DISAPPROVE: Non-conformity to applicable provisions of law and on the Rama v. CA)
appointee’s qualifications i. SIR: Myopic View! Principle involved is midnight appts in
a. HEARING: None bec. it does not involve the imposition of Aytona case, not the constitutional provision,
administrative disciplinary measures OTHERWISE, it would preempt the prerogative of the
b. REMEDY: MR with CSC successor
c. RECALL BY CSC: Motu proprio or by MR
REINSTATE
2. NATURE: Does not complete the appt ALTHOUGH it is an essential part of WHEN: When ee is illegally demoted, dismissed
the appointing power

3. WHEN REQD
a. GR: All appts in the civil service whether original, promotional
b. E:
i. Presidential appts
ii. AFP
iii. Police forces
iv. Firemen
v. Jail guards

4. WHEN TO APPROVE: within reasonable time

a. Old Rule (PD 807): All appts must be submitted to CSC within 30d,
OTHERWISE Ineffective if not so filed
b. Now (EO 292, Obiasca v. Basollete 5-star): Reasonable time to
submit to CSC
i. WHY: It would open the door to fraud, bad faith, office politics
ii. Tomali v. CSC: Appointee must take initiative to assure that
appt papers have been submitted to the CSC > Follow it up!
 h. VACANCY 12. Recall
13. Failure of persons chosen for office to accept
WHEN 14. Failure of persons chosen to qualify for the office
- office is empty and
- without a legally qualified incumbent appointed, elected to it
with a lawful right to exercise its powers and perform its duties ANTICIPATED VACANCIES
WHEN: In cases of anticipated vacancies in a public office
- need not be physically vacant BEC can be occupied by one who is not a de jure Example: Resignation taking effect at future date
officer, e.g. usurper, hold-over
WHAT: PROSPECTIVE APPOINTMENT made by person, who is
empowered to fill the vacancy when it arises, to fill such anticipated
EFFECT vacancy
- Apptg power may proceed to fill the office
- No appt to a non-vacant position, OTHERWISE Void VALIDITY:
GR: Prospective appointments are legal appts
REQTS:
CLASSIFICATION OF VACANCIES 1) At the time of the effectivity of the position, the appointee will
1. ORIGINAL satisfy the eligibility reqts
– when an office is created and 2) When appt becomes effective, the apptg authority is still the
- no one has been appointed to fill it same apptg authority
2. CONSTRUCTIVE
– incumbent has no legal right or claim to continue in office and E: Expressly prohibited by law
- can be legally replaced by another functionary
3. ACCIDENTAL
– incumbent has died, resigned, been removed, and
- there is no one in esse discharging the duties of the office
4. ABSOLUTE
- term of an incumbent having expired and
- the latter not having held over
- no successor is in being who is legally qualified to assume the office

CAUSES OF VACANCY AND TERMINATION14

1. Death
No legal 2. Permanent disability
occupant 3. Removal from office
4. Resignation of the incumbent
1) WHEN: Upon Acceptance of resignation by proper authority,
when necessary
2) NONE When there’s illegal suspension or dismissal
5. Abandonment
6. Expiration of term
7. Conviction of a crime
8. Impeachment conviction
9. Acceptance of an incompatible office
10. Creation of a new office
11. Reaching the age limit
 i. QUALIFYING TO OFFICE 12) Officer whose duties, as defined by law or regulation, require
presentation to him of any statement under oath
TWO SENSES OF QUALIFICATIONS
1) Personal Qualifications NATURE
2) Qualification as an Act GR: Not indispensable
- Official Oath and Official Bond - Only a mere incident to the office and constitutes no part of the
office itself
WHAT - Directory! Mere delay in taking an oath is curable if it be
- Certain steps afterwards taken with approval of the public authorities BUT
which are separate and distinct from the appt, election to office and may be a ground for forfeiture while delay continues
which are generally reqd to be taken by a person
to entitle him to assume the functions and duties of the office E: Prerequisite to full investiture with the office IF MANDATORY
- Person appointed, elected is usually reqd by law - Right to enter into the position becomes plenary and complete
to do some act - Pendency of an Election Protest is INSUFFICIENT to enjoin him from
by which he shall signify assuming office
his acceptance of the office and
his undertaking to execute the trust confided in him FORM
before entering upon the performance of his duties GR: None
E: Law expressly requires specific form
- OFFICIAL OATH
WHAT: Outward pledge - OFFICIAL BOND
whereby one formally calls upon God to witness WHO: - Accountable public officers
to the truth of what he says or those to whom are entrusted the collection and custody
to the fact that he sincerely intends to do what he says of public money
- Public ministerial officers
WHO IS REQD TO TAKE OATH those whose actions may affect the rights and interests
1) President Reqd by of individuals
2) Vice President VII.5 thus reqd to secure the faithful and proper discharge of
3) Acting President their duties by giving bonds conditioned to that effect
4) All public officers and employees IX.B.4; AC
5) All members of the armed forces XVI.5.1; AC WHAT ~ indemnification for default, negligence of the officer
6) Elective and appointive local officials and employees LGC - In the nature of an indemnity bond, rather than a penal or forfeiture
bond
WHO CAN ADMINISTER OATH - Collateral security for the performance of the officer’s duty
1) Notaries public General Authority - A contract b/w the officer and the gov’t, binding the officer to discharge
2) Members of the judiciary the duties of his office
3) Clerks of court - An obligation binding the sureties to make good the officer’s default
4) Secretary of Senate, HR Limited Authority - Contractual obligation b/w injured party and officer and surety
5) Secretaries of departments - Only in matters
GR: Cannot 6) Bureau directors of official business WHY
charge fees 7) Registrars of deeds - to protect public interest
E: 8) Provincial governors - to indemnify those suffering loss or injury by reason of misconduct or
Specifically 9) Lieutenant-governors neglect in office
authorized 10) City mayors
by law 11) Other officer in the service of the govt of the Ph whose appt is vested NATURE
in the Pres GR: Directory only!
BEC Mere incident of office
 EFFECT: Failure to furnish the same within a fixed time does not
ipso fact forfeit the office and delay is waivable
E: Expressly made a condition precedent

NATURE OF REQUIREMENT
GR: Directory
EFFECT: Curable. Can explain failure to comply within time prescribed
E: Mandatory if the law requires it as mandatory
BUT PRESUMPTION OF COMPLIANCE
BEC of presumption that ordinary course of business has been followed
and that the law has been obeyed

EFFECT OF FAILURE TO QUALIFY

GR: Deemed evidence of refusal of the office
De fact officer

E: Failure, neglect to qualify

would not ordinarily be deemed ipso facto a rejection
if particular time is prescribed
but supplied only afterwards

EE: If qualification within a given time was expressly made a condition

precedent
 -Officer was not eligible
IX. DE FACTO AND DE JURE OFFICERS 5-star -There was want of power in the electing, apptg body,
-Of some defect, irregularity in its exercise,
a. DE FACTO DOCTRINE ~ In GF
Such not being unknown to the public
4) Under color of an appt, election
WHY
By or pursuant to a public, unconstitutional law,
- fear of the chaos that would result from multiple and repetitious suits challenging
Before the same is adjudged to be such
every action taken by every official whose claim to office could be open to question
TWO VIEWS
- protection of the public by ensuring the orderly functioning of the govt despite
i. Majority: De facto until declaration of nullity THUS thereafter, no
technical defects in title to office
more office
- stability in govt functions from chaos from litigations challenging title BEC acts are
ii. Minority: No position at all BEC
valid insofar as the public is concerned
a. Confers no rights
b. Imposes no duties
WHAT:
c. Affords no protection
a person who,
d. Creates no office
by the proper authority,
e. Inoperative
is admitted and sworn into office
is deemed to be rightfully in such office
ELEMENTS
until -he is ousted therefrom
1) De jure office
by judicial declaration in a proper proceeding or
2) Color of right or General acquiescence by the public
-his admission thereto is declared void
a. COLOR OF RIGHT – one is a de facto officer
i. in an election, appt,
WHO
ii. in holding over after the expiration of one’s term
- one who has the reputation of being the officer he assumed to be and
iii. acquiescence by the public
yet is not a good officer in point of law
3) Actual physical possession of the office in good faith
- one who is in possession of an office
in the open exercise of its fxns
COMPENSATION
under color of an election, appt
GR: Only an officer de jure can maintain an action for compensation
eventhough such election, appt may be irregular, informal
- REQTS: Where there is de jure officer, de facto is not entitled to the
so that the incumbent is not a mere volunteer
emoluments attached to the office
-Rightful incumbent may recover from de facto the salary received by the
latter during the time of his wrongful tenure
HOW: duties of the office are exercised
- De Facto takes the salaries at his risk
NO COLORABLE TITLE
1) Without a known appt or election,
WHY: Because there is a de jure officer
But under such circumstances of reputation or acquiescence
THUS, position never became vacant (Mendoza v. Allas)
As were calculated to induce people, without inquiry,
E: When he renders services without bad faith
To submit to or to invoke his action
*Entitled to Compensation: ONLY IF there is no separate de jure officer
MEMORIZE Supposing him to be the officer he assumed to be
THUS position is vacant
~ Usurper can thus become de facto
WHO CAN FILE QUO WARRANTO
COLORABLE TITLE VARIANTS
1) Person who claims to be entitled to the office
2) Under a color of a known and valid appt, election
a. Actual knowledge of the pendency of the suit is not sufficient
But the officer had failed to conform to some precedent reqt, condition
(Mendoza case)
(eg oath, bond)
2) Republic represented by Solicitor General or Public Prosecutor
3) Under a color of a known appt, election
Void BEC
 BUT Void as among
b. DE JURE DOCTRINE themselves
NO DIFF IN ACTS IF DE FACTO AND JURE Example: by-passed ad
WHO interim appt BEC not
- one who has the lawful right to the office in all respects chosen in the manner and
but -who has either been ousted from it, or form provided by law
-who has never actually taken possession of it
- one who is outside BEC it just so happens that there’s another physically occupying it

UNION: IF De jure is also De Facto, then lawful title and possession are united
IF Two incumbents under claim of right, then he who has better legal title

REQUIREMENTS
1) He must possess the legal qualifications for the office in question
2) He must be lawfully chosen to such office
3) He must have qualified himself to perform the duties of such office accdg
to the mode prescribed by Consti, Law

DE JURE DE FACTO USURPER

Based on right Based on reputation, Without
color of right, title to lawful title, or
office color of right, authority,
actual/ apparent
Has lawful right, title to Has possession, Has possession of the
office performing duties of office and undertakes to
office under color of right, act officially under color
authority without being of authority
technically qualified in all
points of law to act
Cannot be removed Can be ousted in a direct Can be ousted at any time
proceeding against him ~ in any proceeding BEC
QUO WARRANTO Not an officer at all for
BEC law presumes that a any purpose
person acting in a public
office was regularly
apptd, elected to it
Exercises fxns of office Acts as an officer where
where the public does not the public knows or ought
know or ought to know to know that he is such a
his lack of title, authority usurper
Legitimate acts in the Absolutely null and void
exercise of his authority
are valid insofar as the
public and third persons
are concerned
 some other law referring to it
X. POWERS OF PUBLIC OFFICERS iii. INCIDENTS
a. SOURCE OF POWERS AND AUTHORITY OF PUBLIC OFFICE:
- attached to the office as incidents to it
LAW AND CONSTITUTION
c. LIMITATIONS TO AUTHORITY OF PUBLIC OFFICERS
SOURCE OF GOVT’L AUTHORITY: People
i. Territorial
- HOW DO PEOPLE ACT: Directly or Thru Representatives
- authority cannot exist in places where the law has no
- HOW POWER EXERCISED: Law and Constitution
effect
- IMPLICATIONS:
1) Authority of public officer is never presumed!
ii. Office at a Particular Place
No presumption of authority, express/implied
- where a public officer is authorized by law to perform
BEC Gov’t and officers are only agents
the duties of his office at a particular place,
Action at a place not authorized by law is ordinarily
2) Authority that persons dealing with public officers have knowledge of his
invalid
authority
- He must see to it that the authority is, in fact, sufficient for the assumed
d. DURATION OF AUTHORITY
purposes
i. TERM: If with term, during which he is by law invested
- There is no apparent authority in a public officer whose duties are prescribed
with the rights and duties of the office
by law
ii. ACT: If chosen for the performance of a single act or
- Persons contracting with the public officer acting under a public law,
definite term, his powers exhaust themselves in the
must, at their peril, ascertain the scope of the officer’s authority
acting THUS, having once acted, he is henceforth functus
BEC Chargeable with notice of the contents of the law conferring it
officio and can neither act again in reference to the
same subject nor undo what he has done
3) BUT Every citizen has the right to assume that a public officer charged by
law with certain duties knows his duties and performs them in accordance with
e. CONSTRUCTION OF GRANT OF POWERS: Strict interpretation
law
i. Strict interpretation of express grants of power
ii. HOW: Confer only those powers which are expressly
IMPORTANCE: Public officers have only those powers
imposed, necessarily implied
EXPRESSLY GRANTED by law,
NECESSARILY IMPLIED,
f. CLASSIFICATION OF POWERS AND DUTIES
ESSENTIAL TO THE ACCOMPLISHMENT
i. Nature of the Act
Of the main purpose for which the office was created,
1. Ministerial
INCIDENTAL BUT GERMANE
- when it is absolute, certain, imperative
Serves to promote the accomplishment
involving merely execution of a specific duty
of the principal purpose
arising from fixed and designated facts
- where the officer has no judicial power,
PUBLIC OFFICER PRIVATE AGENTS discretion as to the interpretation of the law,
Never universal authority (BUT some Classified accdg to nature and effect of and the course to be pursued is fixed by law
are general in nature) authority: Universal, General, Special - one which a person performs on a given
statement of facts, and in a prescribed manner,
in obedience to the mandate of legal authority,
b. SCOPE OF POWER without regard to, or the exercise of, his own
i. EXPRESSLY CONFERRED BY LAW judgment upon the propriety or impropriety
- expressly conferred upon him by the law under which of the act done
he has been appointed/elected - BUT Officer can decide on MEANS/METHOD
ii. EXPRESSLY ANNEXED TO OFFICE employed
- expressly annexed to the office
by the law which created it or
 - Nothing is left to the discretion of the person the duty of looking into facts and
who must perform acting upon them,
- Simple, definite duty arising under not in a way which it specifically directs,
conditions admitted or proved to exist and but after a discretion in its nature judicial
imposed by law
- DUTY OF OFFICER: Obedience to laws, - LIMITATION: Must be exercised
instructions, proceedings that are prima facie with sound discretion and accdg to law
valid
- REMEDY:
- REMEDY: Mandamus! > GR: No Mandamus!
Will not issue to control or review
- DELEGATION the exercise of discretion by a public officer
> GR: Yes. Allowed. where the law imposes on him
> E: -Expressly prohibited the right of duty to exercise judgment
-Expressly requires the act to be in reference to any matter
performed personally in which he is required to act
(Aprueba v. Ganzon)
2. Discretionary > E: When there is a clear duty and
- DISCRETION an unnecessary and unreasonable delay
> Liberty to decide accdg to in the exercise of such duty
the principles of justice and BUT Only to require action (Lamb v. Phipps)
one’s ideas of what is right and proper
under the circumstances, - DELEGATION
without willfulness or favor > GR: No
> Faculty conferred upon public officers > E: Power to substitute another in his place
by law has been given to him
of acting officially in certain circumstances, BEC he was chosen bec he was deemed fit and
accdg to the dictates of their judgment and competent to exercise that judgment and
conscience, discretion
uncontrolled by the judgment, conscience of
others
ii. Obligation of the Officer
- such as necessarily require the exercise of 1. Mandatory
reason in the adaptation of means to an end, - GR: powers conferred on public offices are
and discretion in determining how or whether generally construed as mandatory,
the act shall be done or the course pursued Even when the language may be permissive
- discretion in the manner of the performance WHERE they are for the benefit
of an act arises when of the public or individuals
an act may be performed or 2. Permissive
a question may be decided - When the law defines the time and mode
in one of two or more ways, and in which public officers will discharge their
it is left to the will, judgment of the performer duties
to determine in which way - Those which are obviously designed merely
it will be performed to secure order, uniformity, system, and
dispatch in public business
- NATURE: QUASI-JUDICIAL - If the act does not affect third persons and
BEC the law commits to any officer is not clearly beneficial to the public
 iii. Relationship of the Officer and his Subordinates 2. HOW:
1. Control 1. Mandamus by person who will
- power of an officer sustain injury be inaction
to manage, direct, govern, alter, modify, set 2. Injunction to prevent act
aside what a subordinate had done
in the performance of his duties and j. SACRIFICE OF LIFE AND LIMB
to substitute his own judgment i. GR: No such duty
for the of the latter ii. E: Sacrifice necessary for safety, happiness of human
- officer in control lays down the rules in the society
doing of an act
- REMEDY IF NON-COMPLIANT: Order the act
undone / re-done / do it himself
2. Supervision
- power of mere oversight over an inferior
body
- merely sees to it that the rules are followed
BUT he himself does not lay down, and cannot
modify or replace such rules

g. TIME OF PERFORMANCE
i. GR: Time designated
BUT! Merely directory
UNLESS Required by law (negative words)
Nature of act requires it
Injury to Public interest/right
ii. E: If none, Reasonable time

h. RATIFICATION OF ACTS
 Voidable Acts
Effect of Ratification: Estoppel v. State
 Void Acts
1. Want of power to perform original act

i. JUDICIAL REVIEW
i. Discretionary Power:
1. GR: NONE
1. Discretion to be exercised upon his
own opinion of certain facts
2. He is the sole and exclusive judge of
the existence of those facts
2. E: If Reviewed, LIMITED to
1. GAD
2. Arbitrary Decision
3. Fraud or Corruption
ii. Ministerial: Yes
1. BEC No exercise of discretion
 WHAT: honestly, faithfully, and to the best of his ability
XI. DUTIES OF PUBLIC OFFICERS primarily for the public benefit
a. As trustees for the public
HOW: in such manner as to be above suspicion of irregularities
WHY: undivided duty to the public
i. To act primarily for the benefit of the public
ii. To obey the law > COMPLIANCE ACCOUNTABILITY
EFFECTS
WHY:
 No moonlighting!
All officers of gov’t are creatures of the law
- E: Those authorized by law
-Refrain from outside activities which interfere with proper discharge of
OTHERWISE, 3-FOLD LIABILITY
duties > BEC Inconsistent with commitment to public service
 Administrative
-Congress can declare inconsistent activities
 Civil
 No Conflict of Interest
 Criminal
- Technical Definition:
In a given situation,
iii. To accept and continue in office
public interest may be compromised
WHAT:
if he acts in a manner
Person having requisite qualification has the duty to accept office
that would promote his personal interests
when appointed/elected to it
- Not permitted to place himself in a position which will
subject him to conflicting duties or
*Not literally because of involuntary servitude
expose him to the temptation of acting
in any manner other than in the best interests of public
iv. To accept burden of office
- Not to use official power to further own interest
v. To act with civility
b. Duty of Public Disclosure
WHAT
i. WHAT
- Should be living examples of uprightness
1. Statement of Assets, Liabilities, and Net Worth
2. Disclosure
WHEN
1. of SALN of Spouses and Children
- Performance of official duties
2. of Identity of 4o Relatives in the Gov’t
- In private and personal dealings with other people
3. Authority of Ombudsman
1. 30d from assumption of office
WHY: Public trust extends to all matters
2. To obtain documents, as may show
within the range of duties pertaining to the office
their assets, liabilities, net worth,
business interests, financialy
vi. To use reasonable skill and diligence
connections, from all appropriate
WHAT:
gov’t agencies > NOT BANKS!
Use reasonable skill and diligence in performing
ii. WHO ARE REQUIRED
1. Congressmen
DEGREE: Good Father
- Upon assumption of office
- Of their financial and business interest
vii. In choice and supervision of subordinates
2. Public Officer, Employee
WHO: Public officer with appointing power
- Upon assumption of office and
WHAT: Make best available appt > Choose persons who can deliver
As may be reqd by law
DEGREE OF CARE:
- Of assets, liabilities, net worth, financial and
Depends of Nature of work and circumstances
business interests
BUT! Ordinary care to ensure subordinates’ performance
iii. BASIS: Consti, XI.17 and Police Power
iv. WHY: Public good (Morfe v. Mutuc) and Transparency
viii. To perform duties faithfully
 1. To curtail opportunities for corruption 3. 3od from separation from service, as of last
2. To maintain standard of honesty in the public day
service viii. WHERE FILED
3. To promote morality 1. OMB National Office: P, VP, CC
v. WHEN DISCLOSED TO PUBLIC (XI.17) 2. Secretaries: Congress
1. WHO 3. SC Clerk: SC
1. President 4. Court Administrator: Judges
2. VP 5. OP
3. Cabinet 1. all nationals executive officials
4. Congress 2. AFP > colonel, naval captain
5. SC 6. OMB Deputy
6. ConCom 1. Regional, local officials
7. Other Constitutional Offices 2. AFP < colonel, naval capt.
7. CSC: All other public officials
8. Officers of Armed Forces with
ix. WHO APPROVES, REVIEWS COMPLIANCE WITH
General/Flag rank
FORMALITIES
2. SCOPE
1. Committee, with Majority Approval of House:
1. Public Officials and Ees EXCEPT
Congressmen and Senators
i. Honorary capacity
2. Heads, with DOJ Sec. approval: Executive Dep’t
ii. Laborers
3. CJ: Judicial dep’t
iii. Casual, Temporary
4. Chairman: ConCom
2. Spouses
5. OMB: Office of Ombudsman
3. Unmarried children under 18y and
living in their household
c. Specific Duties
3. WHAT
i. Action on Letters and Requests: 15 working days
1. Inspection
from receipt to reply
2. Reproduction (10wd from filing)
ii. Annual Performance Reports: 45wd from end of year,
3. At reasonable hours
Heads, Responsible Officers to render full and complete
4. For reasonable fee
report of performance and accomplishments > available
5. For 10y after receipt
to public
6. PROHIBITED USES
iii. Process of Documents, Papers: Reasonable time from
i. Purpose contrary to moral,
preparation to process and complete official papers and
ppolicy
documents > case to case basis
ii. Commercial purpose
1. Nature, simplicity, complexity of subject
vi. HOW: in manner provided by law
matter
1. FORM: Under oath
2. Completeness, adequacy of requirements,
2. CONTENT
data, info necessary for decision, action
1. Real property, Impvts, Acquisition
3. Lack of resources
costs, Assessed value, current FMV
4. Legal constraints
2. Personal Prop, AC
5. Fault, failure, negligence of party concerned
3. Other assets
6. Fortuitous events, force majeure
4. Financial liabilities
iv. Public’s Personal Transactions (Requests, Petitions,
5. All business interests and financial
Services of their Offices): Promptly and expeditiously,
connections
not later than 15wd from receipt
vii. WHEN FILED
1. Form: Written, Verbal
1. 30d from assumption, as of first day
v. Public Accessibility of Documents: Reasonable
2. April 30, as of end of preceding year
working hours, for inspection
 i. Interference with
vi. SIGNATORY REQUIREMENT enforcement proceedings
1. When: Any written action, decision ii. Deprivation of right to fair
2. What: maximum 3 signatures EXCEPT as trial and impartial
otherwise provided by law, regulation adjudication
3. Who: Duly authorized signatory > Next-in- iii. Disclosure of identity of
rank / OIC > Authorized person confidential source
iv. Unjustifiable disclosure of
d. POLICY OF TRANSPARENCY investigative techniques
i. BASIS: Constitution and procedures
Subject to reasonable conditions prescribed by law, 7. Premature:
the State adopts and implements a policy of It would prematurely disclose info
full public disclosure of all its transactions i. Likely to lead to significant
involving public interest financial speculation in
ii. SCOPE currencies, securities,
1. GR: Official Info, Records, Documents commodities and to
2. EXCEPT IF... PIPI-PDS endanger stability of
1. Secret for National Defense, financial institution
Security, Foreign Affairs: ii. Likely to frustrate
IRD must be kept secret implementation of
in the interest of proposed official action
i. national defense
ii. national security
iii. conduct of foreign affairs
2. Imminent Danger to Life, Safety:
Disclosure would put
life and safety of an individual
in imminent danger
3. Privileged accdg to Law, Policy,
Jurisp:
IRD falls within
established privilege /
MEMORIZE

recognized exceptions
as may be provided by
law, settled policy, jurisprudence
4. Drafts:
Drafts of decisions, orders, rulings,
policy-decisions, memoranda
5. Personal and Private
Info of personal nature
where disclosure would constitute
a clearly unwarranted
invasion of personal privacy
6. Investigation IF 4
Investigatory records
compiled for law enforcement
BUT only if I-I-I-T
 o Directorship in GOCCs
XII. NORMS OF CONDUCT OF PUBLIC OFFICERS o Scholarship grants
BASIS: Code of Conduct and Ethical Standards for Public Officials and Employees o Paid vacations
(R.A. 6713) o Auto promotion to next higher position or salary increase

NATURE:  Who is COMMITTEE ON AWARDS for Outstanding Public Officials and

- broad statements Employees
- violations are not penalized (Samson) o Ombudsman, co-chair
E: Conduct unbecoming which is punishable o Chairman of CSC, co-chair
o Chairman of COA
WHAT: o 2 Government Employees appointed by President
1) Commitment to public interest o Secretariat
- over personal interest
- avoid wastage of public funds
2) Professionalism
- primary objective of civil service
- perform duties with
highest degree of excellence, professionalism, intelligence, skill
- No such offense as unprofessional conduct (Samson; Reyes v. Rural
Bank)
3) Justness and Sincerity
- no discrimination
4) Political neutrality
5) Responsiveness to the public
- prompt, courteous, adequate service
6) Nationalism and Patriotism
- Loyalty to the RP and Filipino people
7) Commitment to democracy
- people-oriented
8) Simple Living
- lead modest lives appropriate to their positions and income

HOW ATTAINED: System of Incentive and Rewards

 Criteria
o Years of service
o Quality and consistency of performance
o Obscurity of position
o Level of salary
o Unique and exemplary quality of achievement
o Risk, temptation inherent in the work
o Similar

 Form of Incentives: Determined by Committee on Awards on the basis of

merit and fitness principle
o Bonuses
o Citations
 XIII. RIGHTS AND PRIVILEGES OF PUBLIC iv. Compensation
OFFICERS
1. DEFINITION
a. WHY: Public Officers do not cease to be citizens in becoming a
public officer
2. FORM
b. SOURCES 1. Fixed salary, wages
i. Constitution 2. Per diems
ii. Law 3. Fees
4. Commissions
c. RIGHTS OF PUBLIC OFFICERS 5. Perquisites of whatsoever character

i. Limited Protection from Publication Commenting 3. DETERMINING FACTOR

on Fitness 1. Not name
1. BUT Not entitled to same protection as 2. But NATURE AS PAY GIVEN FOR
ordinary citizen FULL TIME WORK (GSIS v. CSC)
2. BEC Consent by running for office
4. NATURE: Not indispensable to public office
ii. No Political and Business Activities IF 1. GR: No compensation BEC Public
1. Activities are reasonably deemed inconsistent Trust, NOT Property, Contract Right
with public status and duties
2. Restraints rationally relate to enhancement of PRESUMPTION: If none provided, then services are
public service rendered gratuitously

BUT WHY PROVIDE:

iii. Property, Devices, Inventions - All are more or less compensated because no one would
1. Insignia, Property of public office run otherwise
2. Ownership of Records, discoveries, inventions, - Services were rendered anyway
devices, data prepared by officer DEPENDS - No work, no pay
1. OFFICER: Not required by law and
not indispensable in the proper 2. E: Law provides for it
conduct of office i. Consti
2. PUBLIC: Indispensable in proper ii. Statute
conduct of office iii. Ordinance
SALARY WAGES PER DIEM EMOLUMENTS
- TO officers of higher - TO lower officers - Compensation for the - profit arising from the 3. WHEN RIGHT VESTS: When service
degree of employment days actually spent in office is actually/constructively rendered
- AS personal the performance of - received as i. NO WORK, NO PAY
compensation to be official duties compensation for
COMPENSATION
paid to public officer for -HONORARIUM
Reimbursement for services
- pay
his for doing all that may be required of the
services - tokenexpenses
extra of appreciation
by - such fees and 5. RATES OF SALARY
-official
PAY FOR FULL TIME - something
public officialgiven
in not as a matter of obligation
compensation but
as the
WORK in appreciation
performance of for
his services rendered
incumbent of the office RATES
- voluntary donation in consideration
duties is entitledoftoservices
receive by
-which admit
Lodging, of no compensation
subsistence law in money GR: Standardization of compensation of government officials (IX-B.5)
while on duty outside - salaries, fees, WHO FIXES RATES
their permanent station compensation,  Congress
perquisites, pensions,
retirement benefits
Nature of Discretion: Absolute power to fix, alter
- ON fixed annual, - Daily / Weekly - Fixed not as ordinarily
periodical payment by the year, month but
depending on the time by the day
and not on the amount - Daily allowance given
of the services he may for each day an officer,
render ee is away from her
- Per annum home base
 BUT Afterwards, no power to reduce during term, tenure 1. No Attachment, Execution,
RE: P, VP, SC, Judges, ConCom, OMB Garnishment BEFORE being paid to
 Delegated within limits prescribed by law him
E: Substantive differences in NATURE of Position GARNISHMENT
 Duties What: Species of attachment
 Responsibilities for reaching credits belonging to the judgment debtor
 Qualification requirements of the positions owing to him from a stranger to a litigation

SCHEME TO DETERMINE SALARY: SALARY GRADE SYSTEM (P.D. 985)

- All classes of positions, RATIONALE
although different with respect to kind, subject matter of work, - Money still public funds while in the hands of the disbursing officer THUS
but are sufficiently equivalent as to the level of DRQ of the work, Diversion of public funds if so attached
to warrant the inclusion of such classes of positions - PPolicy BEC fatal to public service
within one range of basic compensation - Tantamount to suit v. State
- GRADE determines salary
- GRADE is fixed by law REQT: Physical delivery to public officer
If cash, delivery.
*NOT ENTITLED: EX OFFICIO If bank acct, at the time of credit into acct
BEC Services are already paid for and covered by the compensation attached to the
principal office (Bitonio v. COA) 8. PROHIBITIONS ON SALARY
1. No agreement affecting future
compensation (unearned bec
6. RECOVERY OF COMPENSATION unperformed services)
WHO: De jure officer
WHEN: After adjudication and notice of protest in his favor RATIONALE: -PPolicy
OTHERWISE, With De Facto BEC No work, no pay -Perversion of purpose of compensation as remuneration for
FROM: Gov’t, De Facto Officer services rendered
-Denigrates integrity of public office to commercial undertakings
ISSUE: RECOVERY OF BACKWAGES and not public service
a) De Jure Officer is illegally dismissed
De Facto Officer is appointed EXAMPLES
 Agreement that, if the candidate be chosen, he will accept, accept less,
Effect: DJO can recover from DFO accept other legal compensation, or donate it to treasury / TP
BEC BEC it would jeopardize faithful and satisfactory performance of duties
- DJO with better right to the office and THUS entitled to backwages  Barter, Sale, Assignment of unearned salaries
- No Work No Pay NA to DJO BEC he was prevented from working BEC it would impair efficiency
- DFO received compensation with risk of reimbursement BEC Position never  Division of compensation with others, candidate promises to share
became vacant (Monserrat) emoluments with person who assists

b) DFO appointed without a DJO (Rodriguez) EFFECT: Officer can still recover amount due him
BEC determined by law, not by contract
Effect: DFO not obliged to reimburse
BEC No DJO at time of appointment 2. No additional, double, indirect
compensation

7. PROTECTION OF SALARY GR: No elective, appointive public officer, ee

Shall receive additional, double, indirect compensation
 > Double compensation for dual, multiple offices  UNLESS otherwise provided in terms of designation

E: vi. Self-Organization
 Specifically authorized by law BASIS:
BEC Just and Necessary - IX-B.2.5: Right to SO shall not be denied to gov’t ees
FOR Exercise of Primary Functions of Office - III.8
 Distinct offices - XIII.3.2: Right of all workers to SO, including the right to strike in accordance with
BEC Law prohibits double compensation, law
NOT double appointments
 Not from Gov’t LIMITATIONS:
1) PROHIBITED CONCERTED ACTIVITY OR MASS ACTION
What: any collective activity undertaken by gov’t ees
Either by themselves or thru ee’s orgs
v. FREE VOLUNTARY SERVICE With the intent of effecting work stoppage or service disruption
In order to - realize their demands or
WHAT: Services rendered - force concessions, economic or otherwise
By persons who are in gov’t From their respective agencies
Without pay, compensation
When: - De Leon: Allowed if done outside gov’t office hours
REQUIREMENTS - C: As of now, there is no law allowing them to strike
 Issuance of appropriate doc
 Fitness and suitability for the duties and responsibilities of the particular Rationale: Terms and conditions of govt employment are fixed by law
position
 Compliance with rule on nepotism 2) MASS LEAVE OF ABSENCES
What: when five, more ees of the same agency
FUNCTIONS: CHRAPS Apply for leave simultaneously, almost at the same time
 Advisory Under circumstances evidencing collusion, common design to
 Consultancy, Counselling Participate in a prohibited mass action
 Recommendatory
 Professional services REMEDY: Right to COLLECTIVE NEGOTIATION
 Staff work (planning, research) - discussion to reach a solution to issues affecting both parties
 Humanitarian
vii. Temporary Employees
EXEMPTIONS
 SALNs BASIS: IX.-B.2.6, such protection as may be established by law
 Disclosure WHAT:
 Divestment  Security of Tenure
 Eligibility  Prevent indiscriminate dismissals of temporary ees
 Security of Tenure  Separation, replacement is made only for justifiable reasons

PROHIBITIONS viii. Parliamentary Immunities (Freedom from Arrest,

 Supervisory functions Inquiry)
 National security positions
 Access to confidential info UNLESS Authorized by proper authorities WHO: Congress
 Regular plantilla positions WHEN: Offenses punishable by not more than 6y
 Crediting such services as gov’t services in availing retirement benefits While Congress is in session
 Facilities and resources of office for partisan political purpose WHAT: Privileged from arrest
 Cannot be questioned, held liable in any other place for any speech
Immunity from libel suits xi. PENSION

ix. SECURITY OF TENURE  What

o regular allowances paid to indiv, group of indivs
WHAT: Removed, suspended EXCEPT by the govt
FOR CAUSE -in consideration of services rendered,
Charge, Due Hearing and Finding of Guilt by proper authority -in recognition of merit, civil or military
o NOT a dole-out, gratuity BUT DEFERRED INCOME for services
already rendered
x. PREFERENCE IN PROMOTION  Nature: Right which vests upon retirement
IF Participation is mandatory
WHEN: Vacancy in position in the first level of the Career Service THUS Entitled to immediate payment
WHAT: Considered for promotion are ees in the dept OTHERWISE, deprivation without due process
- who occupy the next lower positions
in the occupational group under which the vacant position is classified and PENSION GRATUITY
in other functionally related occupational groups, and -more than act of generosity -donation
- who are competent, qualified, with appropriate civil service eligibility -act of justice emanating from desire -act of pure liberality on part of State
to provide, though tardily,
WHO: Qualified Next-in-Rank Employees adequate compensation
- ee appointed on a permanent basis for services already rendered
To a position previously determined to be next-in-rank for which one had not received
To the vacancy proposed to be filled and complete and adequate reward
- who meets the requisites for appt thereto at the time when such services were
rendered
WHY: Encourage professional growth
Superior skills  Purpose: Humanitarian Purpose of Efficiency, Security, Well-Being
Greater dedication o To encourage faithful and competent ees
MORE EFFICIENT PUBLIC SERVICE (Overriding factor)
 to enter and remain in service
 to render faithful and efficient service
o To permit them to retire with relative security
o To allow ees who have become incapacitated to retire from
service with financial security

NATURE OF NEXT IN RANK RULE :  Basis: Revised Government Service Insurance Act (R.A. 8291)
- Not mandatory o Nature: EXCLUSIVE Insurance, Retirement Plan (Conte v. COA)
- Limited to Promotion  RA 4968, Sec. 28(b) bars the creation of any insurance
- Only a PREFERENTIAL CONSIDERATION for promotion or retirement plan, other than the GSIS
- BEC -appt must be based on merit  Resolution No. 56 of the SSS (Financial Assistance
-apptg power has discretion and prerogative of choice of the one he deems Benefits) is a supplemental retirement/pension benefits
fit for appt plan THUS VOID

ADVANTAGE (Meram v. Edralin)  Construction of Retirement Laws: Liberally construed and applied in
- Granting that both possesses the reqd qualifications, favor of persons intended to be benefited by them UNLESS law provides
the one who is next-in-rank deserves to the appointed otherwise
o BOP with State to show that applicant is not qualified for pension
 o Cannot be withheld regardless of ees’ monetary liability to govt  COMPLETION OF 15y SERVICE REQT is merely
o Computation on basis of highest salary, emolument, allowance a privilege (Cena)
received  Old Rule (Cena): Upon 60y, allowed to
 EXCLUDES Honorarium bec only token of appreciation continue in service to complete 15y
(Allarde v. COA)  New Rule (Rabot): Allowed only 1y after
retirement age to complete years of service
 DURATION:  Not receiving monthly pension benefit from permanent
-Upon employees’ assumption to duty total disability
pursuant to a valid appt, election and
oath of office  WHEN REQD: At time of retirement (Brion v. South
-Until Expiration of Term Philippine Union Mission of the Seventh Day Adventist
with option to continue life insurance coverage Church)
by paying both employer and employee’s share  Conditions of eligibility for retirement must be
met at the time of retirement, at which
 NATURE OF MEMBERSHIP: Compulsory juncture the right to retirement benefits,
- All members are required to pay contribution pensions vests in the eligible ee
- E: Judiciary and ConCom  Not for years subsequently
 To require the retired priest to continue
 SCOPE OF MEMBERSHIP devoting his life to the work of the SDAC
 All employees in the service on 24 June 1997 would mean that he never really withdraws
 Bgy and Sanggu officials who receive basic pay from his office
 Those receiving per diems, honoraria 
 Uniformed members of AFP and PNP
o Contests: GSIS with OEJ to determine qualification for old-age
 ADVANTAGES: Exempt from attachment, garnishment, levy, other pension benefit based on years of service
processes o REQT OF PAYMENT OF CONTRIBUTION (GSIS v. CSC)
 Facts: Vice-Governor held over position and was paid
 BENEFITS GRANTED per diem but treated as compensation in computing
RETIREMENT BENEFITS retirement benefits. It was assailed bec. she did not pay
o What: Old age pension contributions to GSIS
 5y Lump Sum  Held: ALLOWED!
(60 x basic monthly pension) +  Social legislation
basic monthly pension for life, starting at 5y  Basis of retirement benefits is service to govt
 Cash Payment  Contributions, while necessary, are minimal
18 x BMP + and not absolutely determinative in
basic monthly pension for life, immediately upon determining who would qualify as recipients
retirement  Contract of adhesion with GSIS and if GSIS did
o Why: Reward for service to govt (GSIS v. CSC) not deduct, it was by its own choice
 Giving best years of their lives to service for their  REMEDY: Deduction
country, especially where they could have spent it more from the amt of retirement benefits accruing to them
profitably in lucrative appts in the private sector of reasonable amt corresponding to contri
 Selfless dedication to govt service which should have been deducted
during the pd
o Who
 60 years old (or mandatory 65 y/o retirement age) SEPARATION BENEFITS
 15 years of service - 100% of average monthly compensation x
each year of service he paid contri
 - 18 x BMP at resignation + - on the acct of the public
Life pension - not covered by salary, commission
- not attributable to neglect, default
UNEMPLOYMENT, INVOLUNTARY SEPARATION BENEFITS
o Who
 Permanent ee xiii. REMEDIES TO ILLEGAL DISMISSAL
 Involuntarily separated due to reorg, merger, 1. REINSTATEMENT
privatization
 Paid the stipulated 12 monthly integrated contri WHAT: Restoration to a state, condition
o What: 50% AMC from which one has been removed, separated
GR: Former Position
DISABILITY BENEFITS E: Comparable Position
o Permanent total/partial disability
 - In the service at the time / 2. BACK SALARY
- Separated but has paid 36 monthly contri within 5y pd
preceding / WHAT: Restoration of the income that was lost
- Separated but has paid 180 monthly contri prior by reason of unlawful dismissal
 From date of disability
o Temporary total disability WHEN ALLOWED
 Not due to  GR: None BEC no work, no pay
 grave misconduct, o None for lawful separation
 notorious negligence, o None for lawful suspension EVEN IF subsequently determined
 habitual intoxication, that the cause was insufficient
 willful intention to kill himself or another BEC there is ground for suspension
 - In service at the time and has exhausted sick leave Preventive suspension is LAWFUL! allowed by law!
credits  EXCEPTIONS:
- Separated but 3y service and paid 6 monthly contri  Unlawful removal, suspension
within 12m preceding  Can recover full amt
BEC He is considered as not having left his office
 SURVIVORSHIP BENEFITS  Even if already paid to another, which new appt is
o Who: Beneficiary of member, pensioner who dies invalid
o What: 50% BMP x 2 (Basis Survivorship and Dependent’s BEC Position never became vacant and
vacancy is unlawfully created
Pension)
THUS yields to superior right of claimant
as removal for cause
 FUNERAL BENEFITS
 Even if he had earned salaries from other employment
during his unlawful removal
 LIFE INSURANCE BENEFITS BEC Wrongfully prevented from entering the office and
o Who: All members compulsorily and auto covered
carrying out his duties
 E: AFP, PNP  FROM WHOM
 Govt
 Superior Officers IF in BF (David v. Gania)
xii. REIMBURSEMENT, INDEMNIFICATION
 Preventive suspension pending appeal and exonerated
 Gloria v. CA: Two kinds of preventive suspension
FOR: Expenses
 Pending investigation – CANNOT RECOVER
- which law requires to be incurred
BEC it is lawful
- in the due performance of duties
- the law authorizes it
 - for the valid purpose of securing integrity of
public service
 Pending appeal- CAN RECOVER IF EXONERATED
BEC Premature dismissal,
tantamount to punishing him after his
exoneration

 PARDON OF CONVICTED EMPLOYEE (Monsanto v. Factoran)

 GR: NO ipso facto restoration to office
 EXCEPTIONS
 Expressly restored by pardon
o “Full exercise of his political rights” is
substantial compliance
 Expressly grounded on person’s innocence
o HOW If offense not abrogated
 Mere restoration of eligibility for appt
THUS must reapply and undergo procedure for new
appt
 No backpay BEC of guilt

 LIMITATION: 5y max,
NOT Full back salaries from illegal termination up to
reinstatement

3. PRESCRIPTION OF ACTION

 PRESCRIPTION: 1y from being ousted

o Must assert reasonable diligence in asserting right to
reinstatement
o OTHERWISE, lost right to reinstatement by unreasonable delay in
asserting his rights
o BEC -Public interests require
that such right should be determined
as speedily as practicable

-The law aids the vigilant and

Not those who slumber on their rights

 REMEDY: Ordinary Civil Action

o Quo Warranto
o Mandamus
 GR: NO there must be CONSENT to transfer
XIV. PERSONNEL ACTION - BEC It is a New Appt
a. DEFINITION
- EVEN IF Same level of rank, responsibilities,
- any action denoting movement, progress of personnel in the civil service
salaries, whether promotion/demotion
- OTHERWISE, Liable for Disciplinary Action as
b. IMPT: All shall be in accordance with such rules, standards, and
in Divinagracia v. Sto. Tomas, involving an
regulations as may be promulgated by the CSC
unconsented lateral transfer
c. KINDS
E: No Consent Reqd
i. Appt thru Certification
- Temporary Appts
- issued to a person
- Interests of Public Service (Emergency)
who has been selected from
BEC like detail and only temporary
a list of qualified persons certified by the CSC
BUT Can still APPEAL to CSC
from an appropriate register of eligibles and
who meets all the other reqts of the position
TEMPORARY APPTS
- permissible even without consent
ii. Promotion > Needs new appt
- NOT IF transfer is
- advancement from one position to another
 only a preliminary step towards
with increase in duties, responsibilities, pay (usually)
removal
as authorized by law
 a scheme to lure him away from his
> Increase in salary is only incidental
permanent position
- upward vertical movement of the ee’s rank/position
- dept or agency to another, or organizational unit in  designed to indirectly terminate his
same dept, agency service
- NATURE: Gift, Reward  designed to indirectly force his
resignation
iii. Transfer
- movement from one position to another iv. Reinstatement
which is of equivalent rank, level, salary - restoration to a state, condition
without break in service from which one has been removed, separated
involving issuance of appt - to same level for which he is qualified
- station-specific, when particular office, station
where the position is located - WHO REINSTATES:
is specifically indicated on the face of the appt letter CSC
Vinzons-Chato v. Natividad: No right to place if Accdg to sound judgment and discretion
none specified For those illegally dismissed

- KINDS v. Reemployment
1) DETAIL – dept, agency to another - names of persons
2) REASSIGNMENT – organizational unit to another in appointed permanently in career service
the same dept, agency but separated as a result of
*NOT: Non-career to career reduction in force/reorg/retrenchment
shall be entered in a list
- NATURE: Not disciplinary if in the interest of public from which selection for reemployment shall be made
service
vi. Detail
- ISSUE: WON Apptg Authority has the prerogative to - movement of ee from one dept, agency to another
make transfers without issuance of an appt
 shall be allowed only for a limited period (max 1y)
extendible with consent of detailed ee and
within authority of mother agency
in the case of ees occupying
professional, technical, scientific positions

- EFFECT: (PD 807)

- Mother agency relinquishes to receiving
agency administrative supervision over
detailed ee
- Salary from mother agency

- REMEDY: Appeal to CSC

BUT Executory unless CSC enjoins

vii. Reassignment
- reassigned from one org’l unit to another in same dept
without new appt
but must not involve reduction in rank, status, salary
OTHERWISE, constructive removal

viii. Demotion
- movement from one position to another
involving the issuance of an appt
with diminution in
duties, responsibilities, status, grade, rank
which may/not involve reduction in salaries
- tantamount to removal IF
Assigned to a lower, less impt position in same service
which has lower rate of compensation
if no cause is shown for it (Domingo v. Carague)

ix. Separation

x. Attrition
- reduction of personnel as a result of
resignation, retirement, dismissal, death, transfer
- appts to fill vacant positions in the govt (CSC v. Joson)
 XV. DISABILITIES AND INHIBITIONS OF PUBLIC
OFFICERS
a. CONSTITUTION

PRESIDENT VICE CABINET, CONGRESSMEN CONSTITUTIONAL COMMISSION JUDICIARY CIVIL SERVICE

, PRESIDEN DEPUTIES,
ACTING T ASSISTANT
S
1. Not to hold any other office, ent INCOMPATIBLE OFFICES 1. Not to hold any other office, ent 1. Not to be designated to DOUBLE OFFICER
UNLESS otherwise provided in Consti itself 1. Not to hold any agency performing
any other office, ent in the govt quasi-judicial, administrative Elective official shall not be eligible
WHY: during his term without functions for appt, designation in any capacity
- To devote full tine and attention to official forfeiting his seat to any public office, position
duties - De Leon: Includes ex officio WHY: during tenure
- To prevent special favors to their own mship of any non- - separation of powers BEC - EFFECT OF VIOLATION: No loss of elective seat bec void appt
private business congressional body OTHERWISE, Subject to CONTROL of
- To assure the public that they will be UNLESS Connected with / In the Executive
faithful and dedicated in performance of aid of legislative duties - it may compromise the
functions - EFFECT OF VIOLATION: Auto independence of the members in the
termination of elective seat performance of their judicial
FORBIDDEN OFFICES functions Appointive official shall not hold
2. Not to be apptd to any office - it would further delay the any other office, ent in govt
created/salary increased disposition of cases UNLESS Otherwise allowed
during his term for which he by law
was elected by primary functions of his positions
- EVEN IF He resigns, loses seat
before end of term WHY:
- EFFECT OF VIOLATION: No - Ensure dedication
termination in first seat BEC - Prevent double compensation
Void appt Member of AFP in active service
shall not be apptd, designated
to a civilian position in govt
at any time
2. Not to practice any other profession 3. Not to personally appear as 2. Not to practice any other
counsel profession
in any court of justice, ET, which in any way may be affected
quasi-judicial, admin body by the function of his office
- EVEN IF No fees are charged
for it

WHY: To remove any

possibility of influence upon
the judges of these courts who
might be swayed in their
decisions by their hope for
future appts to higher
positions
3. Not to participate in/directly 3. Not to engage in the active mgt,
in any business control of any busi
which in any way may be affected
by the function of his office
4. Not to be financially interested,
in/directly,
in any contract, (special) privilege, franchise,
granted by govt, GOCCs, subsidiaries

WHAT: FINANCIAL INTEREST

- interest which involves financial investment or
- business out of which a member of Congress is to derive profit or gain
- NOT: borrowing money from GOCCs

SCOPE
- As individual, partner, officer of corp., spouse
- Opinion of Secretary of Justice, No. 49, Series of 1948: Congress’ son or brother is allowed
UNLESS used as dummy or he is pecuniarily interested

WHY: Fiduciary nature of their position

Not to be granted, in/directly
any loan, guaranty, other form of financial accommodation
for any business purpose
by any GOC-bank, financial institution
TO, during their tenure:
1. President
2. VP
3. Cabinet Members
4. Congress
5. SC
6. ConCom,
7. Any firm, entity in which they have controlling interest (51%)

THUS EXCLUDES
- Loan not for business
- No controlling interest
- After tenure

WHY: Public office is a public trust

5. To strictly avoid conflict of interest 5. Not to intervene in any Elective, Appointive not to accept
in the conduct of their office matter before any office in present, emolument, office, title of any kind
Govt either: from any foreign govt
For his pecuniary benefit or without consent of Congress* (Pres. in CSL)
Where he may be called upon
Cannot appoint spouse, relative 4o C/A to act on account of his office WHAT: Present officially offered
to ConCom, OMB, Sec/Usec/Asec/Heads by govt of a foreign state
WHY: To insure that his every - EXCLUDES Private, Personal gift
vote on any pending legislative
measure shall be dictated by WHY:
no other consideration than - Just jealousy of alien influence in domestic affairs
the public good - Discourage and prevent foreign influence in the affairs of govt
Not to engage in/directly
in electioneering, partisan political campaign

WHAT: ELECTIONEERING or PARTISAN POLITICAL

CAMPAIGN
- acts designed
to promote the candidacy of a person,
to have a candidate elected/not
- such activities as participation in political campaigns,
conventions, caucuses, parades, soliciting votes or
contributions in/directly etc.
- EXCLUDES
1. Expressing views on current political problems, issues
2. Mentioning names of candidates he supports (P v. De
Venecia)

SCOPE: CAREER SERVICE ONLY

- Includes the Military E: To vote
- Excludes: Cabinet, Elective Officials
Elective, Appointive not to receive
additional, double, indirect compensation
 UNLESS Specifically authorized by law
EXCLUDING Pensions, Gratuities

b. OTHER LAWS

CIVIL SERVICE DECREE LOCAL GOVERNMENT CODE CIVIL CODE NEW CENTRAL BANK NIRC
ACT
PRACTICE OF PROFESSION Who:
1. Governor of BSP
Two Groups 2. MB Members full-time
A. Who
1. Governors What:
2. City Mayor  Limit professional
3. Municipal Mayor activities to those
pertaining directly to
WHAT: CANNOT their positions with the
-practice profession Bank
-engage in any occupation  Not accept any other
> What occupies your time ent
> Strict View: celebrities not allowed E:
> Liberal View: allowed! -Charitable, civic,
cultural, religious orgs
B. Sanggunian members - Designated by Pres. to
represent interest of
WHAT: CAN! govt in matters
connected with /
LIMITATIONS: affecting the economy
1. LAWYERS cannot appear as counsel or financial system of
- In CIVIL CASES where LGU, Govt is adverse party country
- In CRIMINAL CASE where officer, ee of govt is accused of
offense committed in relation to office
- CAN in ADMIN involving LGU of which he is an official BUT
cannot collect appearance fee
- CANNOT Use property, personnel of Govt EXCEPT when
defending interest of Govt
2. DOCTORS OF MEDICINE
- Only during emergencies
- Even during official hours
- No monetary compensation
POLITICAL ACTIVITY PARTISAN POLITICAL ACTIVITY

Two Groups: Two Groups

A. GR: Officer, ee of Civil Service A. Local Official, Ee in Career Civil Service
AFP members
What: Shall not in/directly
What: CANNOT In/Directly -engage in any partisan political activity
-engage in any partisan political activity -take part in any election, initiative, referendum, plebiscite,
-take part in any election recall
EXCEPT EXCEPT
1) to vote 1) to vote
2) to express his views on current political problems, issues 2) to express his views on current issues
3) to mention names of candidates he supports 3) to mention names of candidates he supports
BEC Right to free expression -use his official authority to influence, cause the performance of
-use his official authority to coerce the political activity of any any political activity by any person, body
other person, body
B. Elective Local Officials

B. E: Public officers, ees

holding political offices What: CAN take part
in political and electoral activities
What: CAN take part
in political and electoral activities EXCEPT: Unlawful to
-solicit contributions from subordinates
EXCEPT: Unlawful to - subject them to any of the acts involving subordinates
-solicit contributions from subordinates prohibited in Omnibus Election Code
- subject them to any of the acts involving subordinates
prohibited in Omnibus Election Code
ADDITIONAL, DOUBLE COMPENSATION BUSINESS AND PECUNIARY INTEREST PURCHASE AT PUBLIC 3. Personnel DISCLOSURE
GR: Elective, Appointive 1) In/directly engage in any business transaction with the LGU AUCTION
- shall not receive additional, double compensation -in which he is an official, ee - State property which he What: What: Criminal to
E: Specifically authorized by law - over which he has supervision power administers  Be officer, director, ee, 1) BIR Official, ee
- shall not accept any present, emolument, office, title of any - with any of its authorized boards, officials, agents, attys - Property in custodia legis SH, in/directly, in any Divulge to any person
kind WHEREBY pending litigation supervised/examined INFO RE:
from any foreign state -money is to be paid - Legal redemption, institution business, income, estate of
E: Consent of President* -property, any thing of value is to be transferred compromises, E: any taxpayer,
(v. Congress in Consti) out of the resources of the LGU to such person, firm renunciations -Non-stock savings and secret, operations, style,
loan assoc work, apparatus of any
2) Hold such interests -Provident funds manufacturer, producer,
in any cockpit, games licensed by LGU organized exclusively confidential info re
for ees of Bank business of any taxpayer
3) Purchase real estate, other prop -Otherwise provided in
forfeited in favor of LGU the Act WHICH knowledge he
-for unpaid taxes or assessment or  Receive gift for acquired in the discharge
-by virtue of legal process at the instance of the LGU himself/another from of official duties
supervised/examined
4) Be a surety for any person institution 2) Internal Revenue Officer
contracting  Reveal info re: Become interested
doing business with LGU condition, business of in/directly
for which surety is reqd any such institution in manufacture, sale,
E: Order of court, importation,
5) Possess, use any public prop of LGU Congress, authorized -of any certain goods
for private purpoes govt office, agency subject to excise taxes or
 Borrowing from - of any dye for printing,
6) other prohibitions supervised/examined making of stamp, labels
institution UNLESS
adequately secured and Me: No benefit reqd
disclosed to MB

LIMITATION ON EMPLOYMENT OF LABORERS

Not to be assigned to perform
clerical duties
NO DETAIL OR REASSIGNMENT: none whatsoever
within 3m before any election
NEPOTISM
What: Appts and Designations in (Laurel v. CSC)
o National
o Provincial
o City
o Municipal governments
o Branch, instrumentality, GOCCs
o EXCEPTIONS reported to CSC
 Confidential Capacity
 Teachers
 Physicians
 AFP Member
Who: In favor of a relative of... CIRA
o Appointing authority
o Recommending authority
o Persons exercising immediate supervision over appointee
o Chief of bureau, office
WHO is RELATIVE: 3o c/a
ANTI-GRAFT AND CORRUPT PRACTICES ACT (BB, I PAID) CODE OF CONDUCT AND ETHICAL STANDARDS
ABET FINANCIAL AND MATERIAL INTEREST
1) Influence another PO in/directly have any financial, material interest
to perform an act constituting in any transaction
-violation of lawful RRs requiring approval of their office
-offense
in connection with the official duties of latter

2) Allowing himself to be so influenced

BRIBERY: Request, receive any gift, benefit OUTSIDE EMPLOYMENT
-in connection with any contract, transaction b/w govt and any other party - cannot own, control, manage, accept ent
where PO in his official capacity has to intervene, or as officer, ee, consultant, counsel, broker, agent, trustee, nominee
-in consideration for the help to be/given in any private enterprise
for securing govt license, permit regulated, supervised, licensed by their office
UNLESS expressly allowed by law
DURING Term and 1y after resignation, retirement, separation

- cannot practice profession

UNLESS authorized by Consti, Law
PROVIDED Such practice will not tend to / conflict with their official functions
DURING Term and 1y after resignation, retirement, separation re: matter before the office

Javellana v. DILG: No permit to practice law

- recommend any person to any position in a private enterprise

which has a regular, pending official transaction with their office
DURING Term and 1y after resignation, retirement, separation
BIAS in the discharge of official functions: DISCLOSURE, MISUSE OF CONFIDENTIAL INFO
- Not to use, divulge confidential, classified info
- Causing undue injury to any party, including the govt officially known to him by reason of his office and
4 ELEMENTS (Llorente v. Sandiganbayan) not made available to the public
in order
- Giving any private party - to further private interest
unwarranted benefit, advantage, preference - to give undue advantage to anyone
- to prejudice public interest

DISADVANTAGEOUS CONTRACT SOLICITATION, ACCEPTANCE OF GIFTS

Entering into any contract, transaction - In/directly not to solicit, accept
on behalf of the govt any gift, gratuity, favor, entertainment, loan, anything of monetary value
manifestly or grossly disadvantageous to the same from any person
WON PO will/profited -in the course of their official duties or
ELEMENTS (Duterte v. SB) -in connection with any operation/transaction being regulated/affected by function of office

- GIFT excludes unsolicited gift of nominal, insignificant value not given in anticipation of, or in exchange for, a
> Stands out by itself BEC it can arise from mere gross negligence or stupidity yet liable! favor from the PO
> You enter into a contract without gain, ill-financial motive and yet still held liable > Be open-minded
> GIFT MUST BE DISPROPORTIONATE TO THING DONE to be prohibited

CONSENT OF CONGRESS
- Gifts of nominal value as souvenir or mark of courtesy
- Scholarship, fellowship grant, medical treatment
- Travel grants, expenses for travel outside the Ph IF appropriate, consistent with interests of Ph and
permitted by head of office to which he belongs

PROHIBITED INTEREST
Having financial, pecuniary interest
in any business, contract, transaction
in which he is prohibited by Consti, Law from having any interest
CONFLICTING INTEREST BOARD
-Becoming interested for personal gain
-Having material interest
IN any transaction requiring Committee/Board approval
of which he is a member
EVEN IF he votes against it or does not participate
> VERY STRICT!
PATRONAGE
Approving, granting
any license, permit, privilege, benefit
in favor of any person
known as not qualified or legally entitled

PENALTIES! PENALTIES
- imprisonment - removal
- perpetual disqualification from office - suspension
- confiscation, forfeiture - fine
- suspension pending criminal prosecution for violation / offense involving fraud upon govt
PREVENTIVE SUSPENSION WHO: Any public official, employee regardless of nature of title
- auto for 90d upon filing of Info
- applies to ANY OFFICE which the officer charged may be holding at the time, CONVICTION REQD: NO
and not necessarily and particularly the office under which he is charged (Deloso v. SB) Any violation proven in a proper administrative proceeding
shall be sufficient cause for removal, dismissal
EYE-CATCHING: Deloso v. SB and Bayot v. SB even if no criminal prosecution is instituted

NATURE OF PENALTIES
- In addition to a/o of public officers already penalized by existing law
- EFFECT ON PRESCRIPTION: Proceedings under RA3019 shall interrupt the prescription under RPC, which
shall begin to run again if the proceedings are dismissed for reasons not constituting jeopardy, as provided
under Act 3326 governing prescription for acts under special law (Miranda v. SB)
SCOPE OF “PUBLIC OFFICIALS”
- elective, appointive
- non/career
- military, police
WON Compensated

PURPOSE
- to promote high standard of ethics in public service

DUTIES OF PO AT ALL TIME (LUBAD)

- be accountable to the people
- discharge their duties with utmost responsibility, integrity, competence, loyalty
- act with patriotism and justice
- lead modest lives
- uphold public interest over personal interest

NATURE OF PENALTIES
- In addition to a/o of public officials, ees prescribed in Consti, existing laws
 c. REMEDY FOR CONFLICT OF INTERESTS
i. DIVESTMENT
What: Divest himself of his shareholdings, interest in any private enterprise
DIVESTMENT
transfer of title or disposal of interest
in property
by voluntarily, completely, and actually
depriving, dispossessing oneself
of his right, title to it
in favor of a person/s other than his spouse, relative (4 o)

When: 60d from assumption of office

When Mandatory: Divest even if he has resigned from private position

1. Public Official, ee
a. is a Partnership Partner
b. is a Private Corporation
i. Board member
ii. Officer
iii. Substantial SH
Owns in/directly
SS sufficient to elect a director
c. owns or has a substantial interest in a business
2. Interest of such corp., business, or
His rights or duties therein
may be
a. Opposed to
b. Affected by
the faithful performance of official duty

When Not Required:

 In honorary capacity
 Laborers
 Casual temporary workers

ii. RESIGNATION
What: Resign from his position in any private enterprise
When: 30d from assumption of office
 2. To restrain enforcement of law claimed to be
XVI. LIABILITIES OF PUBLIC OFFICERS unconstitutional
3. To compel treasurer to pay damages from an
CAN PUBLIC OFFICERS BE SUED? already appropriated assurance fund
CAN PO BE LIABLE? Only if BF, Malice, GN 4. To require CIR to refund tax overpayments
a. IMMUNITY FROM LIABILITY from a fund already available for the purpose
i. WHY: 5. To secure judgment that the officer impleaded
1. Promotion of fearless, vigorous, effective may satisfy by himself, without govt itself
administration of policies of government having to do a positive act to assist him
2. Encourage competent people to accept public 6. Govt itself has violated its own laws BEC state
office immunity cannot be used as an instrument for
3. Prevent loss of time perpetrating an injustice
4. Unfairness in subjecting officials to personal 7. Certiorari and Prohibition under Rule 65
liability for subordinates’ acts against unconstitutional acts
5. Ballot and removal procedures are more
appropriate methods of dealing with iv. EXTENT OF LIABILITY: Co-Extensive with Duty
misconduct 1. Duty owing solely to the public
1. Individual without right of action
ii. WHAT: Immunity from civil liability if he acted EVEN IF injured
1. Within the scope of his authority, office 2. No COA from breach of duty owing
2. Without Bad Faith, Malice, Gross Negligence, solely to public
or in GF 3. REDRESS is by public prosecution
Wylie v. Rarang: Publication of a libelous art is 2. Duty owing solely to the individuals
purely defamatory THUS outside the scope of
authority THUS personally liable KINDS OF LIABILITY
b. THREE-FOLD RESPONSIBILITY: Admin, Civil, Criminal
i. NATURE
STATE IMMUNITY OFFICIAL IMMUNITY
- king could do no wrong -protective aegis for public officials
-protect the impersonal body politic or govt itself from tort liability for damages GR: INDEPENDENT
from tort liability arising from discretionary acts, functions in the - a/o of PO mat give rise to civil, criminal, and admin liability
performance of their official duties - three remedies
- QUALIFIED, LIMITED
-Personally liable if outside the scope of duties, or
-can proceed independently of the others
with malice -can be pursued simultaneously, successively-
-Officer who exceeds the power conferred on
him by law cannot hide behind the plea of E: Larin v. Executive Secretary BEC OF FACTS OF CASE
sovereign immunity and must bear the liability
personally - Domingo v. Rayala ruled that a single a/o can give rise to three liabilities
-Purpose is not directly to protect the sovereign WHERE the officer was suspended administratively despite acquittal bec express
but to do so only collaterally, by protecting the solicitation is not reqd in administrative cases
public official
- No estoppel against the State BEC in the
Penalized for 1y because there’s already a hostile environment
performance of govtl function, the State is not bound - Ferrer Case ruled that administrative cases are distinct from criminal cases thus they
by the mistake, neglect, wrongdoing of its agents, do not affect each other
officers - SC in LARIN CASE exonerated Larin from administrative liability due to his acquittal
in the criminal case
iii. NON-APPLICABILITY: Sued without Consent -SC ruled that the acts for which he was criminally charged were not illegal,
1. Mandamus: To compel him to do an act AND THUS, the administrative charges against him had no leg to stand on
required by law
 ADMINISTRATIVE CRIMINAL CIVIL
CAUSE OF ACTION Breach by PO of the norms and standards of public service Violation of penal law Breach by PO of duty or wrongful a/o by which indiv is
damaged
PURPOSE Protection of public service and interest Punishment of a crime
Improvement of public service
Preservation of public faith and confidence in govt
QUANTUM OF EVIDENCE Substantial evidence, Beyond reasonable doubt Preponderance of evidence
such relevant evi as a reasonable mind might accept as
adequate to support a conclusion
RULES OF PROCEDURE Technical rules of procedure not strictly applied
Rules of Court applies only suppletorily!
BUT Applied in CSC v. Colanggo for the administration of
justice
WHERE he was allowed to take a deposition for his
administrative case against airport personnel who extorted
money from hum as he was already out of the country

COMPLIANCE WITH DUE PROCESS

-Fair and reasonable opportunity to be heard
-Opportunity to file MR
“Formally Charged” - Finding of probable cause by investigating prosecutor and
- Filing of complaint by disciplining authority the consequent filing of information in court
- Finding of existence of prima facie case by DA if complaint with prior written approval of prov. Fiscal, city prosecutor,
is filed by private person chief state prosec., Omb
- Finding of PC by prosec., judge when PI is not reqd
EFFECT OF WITHDRAWAL OF COMPLAINT BY PRIVATE - Finding of cause, ground to hold accused for trial pursuant
PERSON: NONE to Summary Procedure
Disciplining authority not divested of jurisd
BEC He is only a winess
Burden of Proof: Complainant BEC Presumption of State BEC of Presumption of innocence He who alleges
regularity
Not entitled to findings, recommendations of investigating
committee
BUT only to the administrative decision based on substantial
evi made of record (Perfianco v. Moral)
GF is not a defense Official capacity, Lack of Corrupt intent are not defenses Defense: Within scope of authority and without BF
DEFENSES: Law exempts; Impossible performance
Counsel: Not indispensable but desirable Right to counsel
Effect of Death: None
EXCEPT:
- Right to due process may be denied to respondent
- Exceptional circumstances for equitable, humanitarian
resons
PREJUDICIAL QUESTION / Acts, Omissions of PO may constitute both a crime and administrative offense May be PQ to criminal only
DOUBLE JEOPARDY BUT INDEPENDENT
RES JUDICATA / LITIS Prosecution in one does not bar the other Dismissal of criminal case for insufficiency of evi does not Favorable decision in civil suit will not absolve him from
PENDENTIA BEC Independent foreclose admin action (See LARIN CASE) admin liability
CONDONATION REELECTION OF ELECTIVE OFFICIALS Criminal proceedings or liability subsists Civil proceedings or liability subsists
- No longer amenable to admin sanctions for infractions BEC Crime is a public wrong
allegedly committed during previous term
- WHEN: Elective official is REELECTED DURING PENDENCY
of admin case
- NA: Appointive officials BEC no disenfranchisement

WHY:
- Each term is separate
- Reelection is a condonation of the official’s previous
misconduct BEC they elected him with knowledge of his life
and character
 - THUS cutting off the right to remove him
ii. CIVIL LIABILITY
1. Immunity as a General Rule EXCEPTION! JUDICIARY!!!!!!!
WHEN:
- PO, whether judicial, QJ, executive, is not personally liable 2.3 Damage to individual
to one injured in consequence of an act
performed within the scope of his official authority and 3. Rationale for Liability for Tortious Conduct
in line with his official duty
- Quasi-judicial officer invested with discretion NOTE: BF is punished! GF is protected (Quimsing v. Lachica)
is usually given immunity from liability to persons who may be injured
as a result of an erroneous, mistaken decision, WHY NOT LIABLE IF WITHIN SCOPE OF OFFICIAL AUTHORITY
however erroneous the judgment may be, - Risk of injury to the public is inherent in the activity
provided the acts complained of are within scope of authority and - His negligence will be regarded as decisional in nature and hence, immune
without malice (PRC v. Bonifacio)
WHY SO IF OUTSIDE
WHY - Even if in the course of ent, he cannot shelter himself by a plea that he is a public
- Govt can act only thru individual persons agent
- Persons’ liability, if any, is only in their official capacity - In the eye of the law, his acts are wholly without authority
THUS cannot be held personally liable
4. Basis of Liability
1. NCC, Art. 17
2. Requisites for Personal Liability > Neglect of duty

2.1 Duty owing to individual DUTIES OF CITY FISCAL: To Prosecute, or Not to Prosecute
- Duty to prosecute crimes only where there is enough evidence
2.2. Wrong, violation of the right of a party committed by PO to justify such action
a) Acted outside the scope of authority - Equal duty not to prosecute when after investigation, he is
convinced that the evidence available is not enough to establish a
OFFICIAL AUTHORITY prima facie case (Zulueta v. Nicolas)
- prescribed by statute
- specifically requested, directed by superior officer 2. NCC, Art. 32
- done by an officer in relation to matters committed by law to his control or > Obstruction of constitutional rights
supervision
- more, less connection to the dept under whose authority the officer is acting (PRC GR: Proceeds independently of criminal action
v. Bonifacio) E: JUDGES! Acts must constitute violation of penal law

b) Acted with BF, Malice, Gross Negligence 3. NCC, Art. 34

WHAT: PO is not immune from damages in his personal capacity > Police officers of city, muni
arising from illegal acts done in BF
5. Damages Recoverable
WHY: 1. Moral Damages
- tort, other wrongful act done in excess, beyond scope of his duty 2. Exemplary Damages
is not protected by his office
- OTHERWISE, sanction use of public office as a tool of oppression
(De Rama v. CA where Provincial Board of Cebu abolished 30 positions due to economy 6. Effect of Contributory Negligence: Cannot
and thus separated 200 ees YET hired 1000 new ees, renovated office, and bought new recover
mercedes benz THUS in bf)
 c. IMMUNITY OF THE PRESIDENT - EVEN IF IN BAD FAITH
BEC the judge is under severest labor and painful sense of responsibility
WHY in cases of great conflict in the evidence and doubt as to the law
- If not immune from liability, inevitable tendency is to protect himself and be YET losing party feels most keenly the decision against him
biased, by following lines of least resistance and tempering the force of his executive THUS disappointments occasioned by an adverse decision
arm in places and upon occasions where there is strong opposition either by often finds vent in imputations of malicious motives
powerful and influential persons or by great vested interests
- REMEDIES:
WHEN 1) ADMINISTRATIVE LIABILITY (AFTER APPEAL, Ever Emporium v. Maceda)
- No court has ever held and no final decision will ever be found holding an An error of judgment may be reviewed, corrected only by appeal
Executive personally liable in damages for the exercise of discretionary power BEC UNTIL there is a final declaration by the appellate court
under a law before it has been held unconsti (Moon v. Harrison) that the challenged order, judgment is manifestly erroneous,
- Governor-General has the power and duty to deport aliens BUT liable when he acts there will be no basis to conclude WON administratively liable
so clearly outside of his power and authority that he cannot be said to have
exercised discretion and judgment THUS he acts not as Governor-General but as a GROUND: Gross ignorance of the law
private individual (Forbes v. Chuoco Tiaco) Incompetence
Misconduct
SCOPE: Includes acts of Heads of Executive Depts
BEC of Qualified Political Agency / Alter Ego Principle (Villena v. Finance Secretary) QUANTUM OF PROOF: Substantial Evidence!
Alcuzar v. Casipit (2007): BRD BEC Highly penal in character
d. IMMUNITY OF DISCRETIONARY OFFICERS Macias v. Macias (2009) and Gutierrez v. Belen (2008):
SUBSTANTIAL ONLY
WHAT: Generally immune from civil liability BEC No compelling reason to require higher degree of proof
in performing discretionary functions
INSOFAR as their conduct does not violate 2) CRIMINAL LIABILITY! Prosecution by the State
clearly established statutory, constitutional rights GR: Acts of a judge in his judicial capacity
which any reasonable person would have known do not always constitute misconduct and
are not subject to disciplinary action
e. IMMUNITY OF LEGISLATIVE OFFICIALS EVEN IF erroneous

PRIVILEGES OF MEMBERS OF LEGISLATIVE BODIES E: IF ATTENDED BY FRAUD, DISHONESTY, CORRUPTION

 General Liability Criminal liability for dereliction of duty
 Privilege of Arrest -for knowingly rendering an unjust judgment, interlocutory order
 Speech > Difficult to demonstrate
WHY: Support the right of the people  Contrary to law
in enabling their representatives to execute the functions of their office  Not supported by evidence
without fear of prosecution  Made with conscious and deliberate intent to do an injustice
 Manifestly contrary to law
f. IMMUNITY OF JUDICIARY -for rendering a manifestly unjust judgment, interlocutory order
by reason of inexcusable negligence or ignorance
WHY NOT CIVIL LIABILITY > Better chances here!
- BEC judicial officer is called upon by law  Without malice but failed to observe diligence, prudence, care
to exercise his judgment in the matter and which the law requires in the performance of his duty
the law holds his duty to the individual  INEXCUSABLE if implying manifest injustice which cannot be
to be performed when he has exercised it explained by a reasonable interpretation
however erroneous, disastrous in its consequence it may appear
- Otherwise, obstruction of justice g. IMMUNITY OF QUASI-JUDICIAL
 3. MALFEASANCE
WHO WHAT > BF!
Officials in executive branch -Doing that which the officer has not legal right to do at all
Who do not belong strictly to any of the traditional branches of govt and Either through ignorance, inattention, malice
Are vested with discretion and -Acts without any authority whatsoever
Empowered to exercise their judgment in matters brought before them -Exceeds, ignores, abuses his powers

WHEN: Judicial functions only!

 Ministerial Acts: Liable for carelessness, negligence EFFECT OF GF: M/C only
 Judicial Functions: Immune as judges
i. LIABILITY OF SUPERIOR OFFICERS FOR ACTS OF
SUBORDINATE
h. LIABILITY OF MINISTERIAL OFFICERS
GR: NONE!
PURELY MINISTERIAL ACT BEC
- One which an officer, tribunal performs -They cannot be expected to monitor the activities of their subalterns and
in a given state of facts can rely to a reasonable extent on their subordinates and on the GF of those who
in a prescribed manner, prepare bids, purchase supplies, enter into negotiations (Arias v. SB)
in obedience to the mandate of the legal authority -High ranks cannot be expected to acquaint themselves with such minutiae as the
without regard to the exercise of his own judgment flow of files and docs which leave their desks (Reyes v. Rural Bank of San Miguel)
upon the im/propriety of the act done - Bad precedent if head office plagued by all too common problems – dishonest,
negligent subordinates, overwork, multiple assignments, plain incompetence – is
WHAT: Damages and Administrative Liability suddenly swept into a conspiracy connection simply because he did not primarily
examine every single detail, painstakingly trace every step from inception, and
WHEN: investigate the motives of every person involved in a transaction before affixing his
 Law imposes the performance of ministerial duties upon PO signature as the final approving authority (Albert v. Gangan; in Arias)
 Failure or neglect of PO to perform -No command-responsibility! I am not my brother’s keeper
 Private indiv has a special and direct interest in such performance
 Injury proximately sustained in consequence thereof
o That he has sustained a special and peculiar injury EXCEPT!
o That it results from a breach of duty which the officer owed to  He negligently, willfully employs, retains unfit, improper persons
him  He negligently, willfully fails to require them the due conformity to the
prescribed regulations
KINDS OF LIABILITY  He carelessly, negligently oversees, conducts, carries on the business of his
1. NONFEASANCE office as to furnish the opportunity for default
WHAT:  He has directed, authorized, cooperated in the wrong
Neglect or refusal without sufficient excuse - EO 292 requires the order to be in WRITING
to perform an act YET No difference whether written/verbal to subordinate who will follow
which it was the officer’s legal duty to the individual the same either way
to perform BUT REQD by law to safeguard superior officers
 Liability is expressly provided by law
2. MISFEASANCE  Misconduct, negligence within scope of ent of those employed by him
WHAT voluntarily, privately and paid by him, and responsible to him
Failure to use that degree of care, skill, diligence
in the performance of a duty owing to an individual j. LIABILITY OF SUBORDINATES
which the circumstances of the case reasonably demand GR: Same rules apply
BEC Liability determined from ACTS, NOT Office
 b. What: Forfeiture in favor of State of any property found to have been
E: NOT LIABLE FOR CIVIL DAMAGES IF unlawfully acquired by any public official, ee
 Discretionary Officer: Pursuant to orders, instructions of superior
o Acts in GF PRIMA FACIE UNLAWFULLY ACQUIRED: amount of property is
o Under orders, instructions of superior officer acting in manifestly out of proportion to
pursuance to law 1) His salary as such POE
 IF Unlawful order, only M/C 2) His other lawful income
o Tabuena v. SB: sui generis BEC there was an order from the 3) Income from legitimately acquired property
President c. How (civil and in rem)
 Ministerial: Pursuant to orders of superior 1) Complaint by taxpayer to city, provincial fiscal
2) Investigation by fiscal
 DILEMMA: Don’t just follow all orders 1. Show Cause Order
YET he might be charged with insubordination! 2. Writ
REMEDY: Seek counsel 3) Petition to OSG for filing in RTC
4) Presumption of unlawful acquisition
k. LIABILITY ON CONTRACTS ON BEHALF OF GOVT 5) BOP with Respondent: Lawfully acquired
6) Court: Forfeit
GR: Not liable for contracts within scope of authority for govt d. Nature of Proceedings: PENAL
BEC Presumed that the officer does not intend to render himself 1) Almeda v. Perez: Civil in terms of its procedural aspect
Liable as to contracts and engagements THU S allowed to amend complaint without new inves
Fairly within the scope of his authority 2) Pascual v. BME: While civil in nature, substance of the
proceedings is criminal in character
E: Personally liable IF Unambiguous personal undertaking 3) Cabal v. Kapunan: Right against Self-Incrimination in
 No mention of the public agency he serves forfeiture investigation BEC partakes of nature of a
penalty
 No indication that it is executed in an official capacity
BEC Forfeiture is a divesture of property without
 Grossly disadvantageous to govt (AGCPA)
compensation due to default, offense
 Law provides for personal liability (Rivera v. Maclang)
4) Garcia v. SB: SB with jurisdiction over forfeiture
RAC, Sec. 607 requires appropriation prior to execution of contract
proceedings instituted by the Omb (previously by the
OTHERWISE, Contract is wholly void and
OSG) from 25 Feb. 1986
Office assuming to make such contract shall be liable to Govt, Other party
For any consequent damage
To same extent as if the transaction had been wholly b/w private parties
ii. Dismissal / Removal from Office
(RAC, Sec. 608)
a. Basis: RA 3019 (AGCPA)
b. What: Ground for dismissal, removal
REMEDY: Express provision against personal liability
1) During incumbency
2) Acquisition of amount of property, money manifestly out
BOP OF OFFICIAL ACT: Other party BEC authority is strictly construed
of proportion to salary and other lawful income
3) Whether in his name, other persons

XVII. OTHER LIABILITIES

a. UNEXPLAINED WEALTH b. ACCOUNTABLE OFFICERS

LIABILITIES WHO NEEDS BOND: Accountable Officers

i. Forfeiture Every officer whose duties permit,
a. Basis: RA 1379 (Forfeiture of Unexplained Wealth) require the possession, custody of govt funds, property
DEFENSE OF SUPERIOR ORDER:
GR: None
E: Prior to act, he notified superior
In Writing
Of illegality of payment

REQUISITES FOR LIABILITY (Albert v. Gangan)

i. Expenditure of govt funds or
Use of govt property
ii. In violation of law, regulation
iii. Official is directly responsible

AUDITORIAL FUNCTION OF AUDITOR (Arias, dissent of Grino-Aquino)

 Examination
 Audit
 Settlement of accounts, funds, financial transactions, and resources of the
agencies under their respective audit jurisdiction
 XVIII. TERMINATION OF OFFICIAL RELATIONS Fixed by law (Nueno v. Angeles)
- If Consti fixes:
a. MODES OF TERMINATION13
cannot be changed by law
DEAD AIR RIP CRRR
- If not: plenary power of Congress
i. Death
as it may deem fit
ii. Expiration of term, tenure
E: PPolicy prohibits it
iii. Abandonment
to be left at discretion of
iv. Permanent Disability
-person holding office,
v. Abolition of office (GF! Efficiency, Economy)
-appointing power
vi. Acceptance of incompatible office
Commencement
vii. Retirement
viii. Removal  GR: Dates prescribed by Consti, Law
ix. Impeachment  E: If none fixed,
1. Elite 5 (P, VP, CC, Omb, SC) o Date of Election
2. 6 Grounds: CVC, T, B, GC, BPT, OHC o Date of Appt
x. Prescription of right to office (quo warranto)
xi. Conviction of crime EXPIRATION REMOVAL
1. Crime must be punishable with accessory extinguishment of right to hold office oust official before the expiration of
penalty of disqualification term
2. Don’t confuse with conviction of crime with MT INCLUDES
which is only a ground for disciplinary action - Loss of confidence BEC term lasts only
xii. Resignation as long as confidence in them endures
xiii. Recall (local elective officials) (Cadiente v. Santos)
1. by 25% of registered voters in LGU at time of - Performance of single act or
his election accomplishment of given result
2. once only during term (2nd year) for which office is created, PO apptd
xiv. Revolution becomes functus officio
xv. NOT Loss of confidence (CSC v. Salas)
EFFECTS
GR: Rights, duties, authority AUTO CEASES upon expiration of term of office
b. CLASSIFICATION E: Authorized by law to holdover

i. Natural Causes HOLD-OVER

- Term has expired or services terminated
1. Expiration of Term BUT public officer should continue holding his office
WHAT Until his successor is appointed, chosen and had qualified
TERM TENURE
- fixed and definite time prescribed - period during which the incumbent WHEN ALLOWED:
by law, Consti actually holds office - Law provides for the same (hold office until successor qualifies)
by which an officer may hold an office - right of the occupant himself - If law is silent: Allowed UNLESS prohibited (Lecaroz v. SB)
- time during which the officer may to hold the office which is terminated - If Consti is silent: Not allowed
claim to hold the office as of right - may be shorter than the term
- fixed and definite period of time to WHY ALLOWED:
hold office, perform its functions, and - prevent hiatus in govt pending the time
enjoy its privileges when successor may be chosen and inducted into office
- fixes the interval after which the - public interest requires that public offices should be filled at all times,
several incumbents shall succeed one without interruption
another
 STATUS: o Acceptance of temporary position is not an abandonment BEC of
- If authorized by law: De jure officer right to live during the pendency of appeal of dismissal (Gonzales
- If not: De facto v. Hernandez)
o Courtesy Resignation is not resignation in a legal sense BEC not
reflective of intention to surrender position BUT only manifests
2. Retirement his submission to the will of the political authority and apptg
power (Ortiz v. COMELEC that “following the example of the
NATURE: Compulsory and Automatic Honorable Justices of the SC, on the premise that we have not a
WHEN: revolutionary govt, we hereby place our positio at your disposal”)
 SC, Judges: 70 y/o  Act of relinquishment
 Public Officers and Employees: 65 o WHEN: Any time he chooses
3. Death o HOW (FORM)
EFFECT:  GR: As prescribed by law
 1 Incumbent: necessarily renders office vacant  E: If none, ANY METHOD indicative of the purpose
 2/more officers: Survivors may still execute the office o TEST: Totality of Circumstances (Estrada v. Desierto)
UNLESS joint action of all is reqd  Resignation to be determined by the totality of prior,
contemporaneous, and posterior facts and
circumstantial evidence
4. Permanent Disability o PRESUMPTION: Of voluntariness
 Acceptance by proper authority
SCOPE: Mental or Physical o To whom / By whom
REQT: Judicial determination of the fact is necessary  Designated by statute
To render it conclusive  If none, officer, body having authority
BEC Incumbent may not admit it  to appoint his successor or
 to call an election to fill the office
o Form of Acceptance
 Formal declaration
ii. Acts, Neglect of Officer
 Appt of successor
1. Resignation
 REQD: NOTICE OF ACCEPTANCE (RP v. Singun)
 Acceptance was not communicated to public
WHAT is RESIGNATION
- formal renunciation or relinquishment of a public office officer
- expression by the incumbent in some form, express/implied  YET The final or conclusive act of a
of the intention to surrender, renounce, relinquish resignation’s acceptance is the notice of
his right to the office and acceptance
its acceptance by competent and lawful authority  BEC Official would not be in a position to
determine the acceptance of his resignation
NATURE: Right to resign unless he had been duly notified
BEC not legally committed to finish term  THUS Resignation was inoperative
BUT! LIMIT: Consent of apptg power o Effect of Lack of Acceptance: Resignation not valid until accepted
BEC Office is a burden which appointee is bound to bear (SB v. CA)
in interest of community  Null and void resignation
 Abandonment of office punishable by arresto mayor
ELEMENTS  Tenure ends upon acceptance
 Intention to relinquish part of the term o Revocability of Resignation:
 BEFORE ACCEPTANCE: Allowed UNLESS Otherwise
provided
  AFTER ACCEPTANCE: Allowed IF
 Authority consents
 No new rights have intervened 3. Abandonment of Office
o Repudiation of Resignation WHAT:
 Procured by fraud, duress - Non-user of office, neglect to use right, privilege, or to exercise office
 Given as an alternative to have charges filed against - Voluntary relinquishment of an office
officer By the holder of all right, title, claim thereto
Without valid, justifiable reason
EFFECTS With the intention of nor reclaiming it
 Abdication of all present and future rights accorded to an officer - Termination of possession and control
 Severance of all work-related ties b/w er-ee - Voluntary surrendering office to another
under mistaken belief that the latter has been elected as his rightful successor
- e.g. Mere filing of certificate of candidacy

2. Incompatible and Prohibited Offices

WHEN INCOMPATIBLE ELEMENTS
 DETERMINING FACTORS  Clear intention to abandon office
o Character of the offices o Absolute
o Relation to each other: Subordination of one to the other o Clearly as to indicate absolute relinquishment
o Nature of the functions and duties  Overt acts by which the intention is carried into effect
 WHEN o NON-USER or failure to
o Conflict in such duties and functions  discharge duties of officer over particular period of time
So that the performance of the duties of one  claim or resume it after a period in which performance
Interferes with the performance of duties of the other of its functions became impossible
As to render it improper for one person to retain both o Acquiescence by the officer in his wrongful removal
from consideration of PPolicy
o One is subordinate to the other and EFFECT
Is subject to its supervisory power in some degree  Former incumbent cannot legally repossess it even by forcible
Thus frustrating that one acts as a check on the other reoccupancy
o Declared incompatible
By Consti, Law ABANDONMENT RESIGNATION
For reasons of PPolicy voluntary voluntary
EVEN IF there’s no inconsistency in nature and functions relinquishment by non-user formal relinquishment
no repossession no repossession
INCOMPATIBLE OFFICES PROHIBITED OFFICES contradictory to each other
- Auto and absolute vacancy of first - Appt to second office is void
office - No forfeiture of original office 4. Prescription of right to office
- Title is terminated without any other WHO
act, proceeding Person who claims right to public office occupied by another
- EXCEPTIONS TODA!
i. Officer cannot vacate first office by his HOW: Quo Warranto
own act
ii. Different govt WHEN: 1y
iii. Expressly authorized by law to accept - after cause of such ouster
another office - after the right of plaintiff to hold the office arose
iv. Second office is temporary only - RUNS even if no person yet appointed to succeed the position
WHY
- title to public office should not be subjected to uncertainties
 iii. Acts of Govt, People:
1. Removal o KINDS OF POWER OF REMOVAL
 Absolute, unlimited discretion
HOW  Conditional, when time, manner, reason
- Administrative: Removal, Dismissal
- Criminal: Permanent disqualification o PRESIDENTIAL POWER OF REMOVAL
Basis: No express provision in Consti
WHAT BUT! Implied from power of appt, control, supervision
- ouster of incumbent before the expiration of his term
o POWER OF OMBUDSMAN
FORM  Tapiador: merely recommendatory BUT obiter dictum
 Expressed  Ledesma: with power to enforce
 Implied
o Appt to another office  E: Apptg Power without power of removal IF FIXITY OF TERM
 Must be removable at superior officer’s pleasure o Term is fixed by statute
 Notified
o Transfer to another office EFFECTS
 INVALID as Illegal Removal: No consent - office exists after ouster
 Whether it results in promotion, demotion,
advancement, reduction in salary
 VALID TRANSFER LIMITATIONS: SECURITY OF TENURE AND DUE PROCESS
 Prior appointment
 Acceptance
o Demotion
 If no cause is shown for it
 Diminution in duties, responsibilities, status, rank,
salary
o Reassignment
 WHAT: Movement of ee from organization unit to
another in the dept, agency which does not involve a
reduction in rank, status, salary
 INVALID IF purpose is to exile, punish
 VALID IF GF
o Constructive Removal, Dismissal
 Continued ent is impossible , unreasonable, unlikely
 Act of clear discrimination, insensibility, disdain

WHO CAN REMOVE

 GR: Apptg Power
o If term, tenure is not fixed by law
o If removal is not governed by constitutional, statutory provision

o REGULATION OF REMOVAL
 Statutory positions: Congress may restrict removal as i
deems best for public interest
 Constitutional method: Exclusive
 SECURITY OF TENURE WHAT:
i. What is SECURITY OF TENURE - a most serious offense which reflects a person’s character and
- officer, ee in the civil service shall not be suspended or dismissed exposes the moral decay which virtually destroys his honor, virtue, integrity
except for cause provided by law and
only after due process is accorded NATURE
- need not be committed in the course of performance of duties
ii. SCOPE OF SECURITY OF TENURE BEC private life of ee cannot be segregated from public life (Remolona v. CSC)
a. CESO: ST pertains to RANK, NOT Position
b. Career and Non-Career BEC Non-career is exempt only from 2. Oppression
competitive exam 3. Neglect of Duty
4. MISCONDUCT
iii. CAUSE PROVIDED BY LAW WHAT
a. Substantive DP: LEGAL CAUSE - Violation of established rules
i. Reasons which the law and sound PPolicy recognize as - Transgression of some established and definite rule of action
sufficient ground for removal, suspension, demotion - Unlawful behavior or gross negligence by the PO
ii. Legal causes, and not merely causes which apptg - Improper and wrong conduct
power may deem sufficient - Wrongful intent and not mere error of judgment
iii. Cause must relate to and affect the functions of the
office REQT: Related to, and connected with, performance of official duties
iv. Cause must be connected with the performance of his
official duties KINDS
v. Cause must be restricted to something of a substantial 1. GRAVE
nature directly affecting the rights and interests of the a. With corruption, manifest and flagrant disregard of the law
public b. Even if not work related nor committed in course of performance
vi. Cause must naturally have some relation to the of duty
character, fitness of officer, ee for the discharge of the c. Dismissal
functions of his office 2. LESS GRAVE
b. Procedural DP: Notice and Opportunity to be heard
c. Sources *NO NEED TO DIFFERENTIATE
i. CONSTI IF filed with OMB
1. Congress, for disorderly behavior BEC OMB with very broad powers to investigate and discipline
2. P,VP, SC, ConCom, Omb, for
a. Culpable violation of Consti
b. Treason
c. Bribery NATURE
d. Graft and corruption - direct relation to and be connected with the performance of official duties
e. Other high crimes - must be related to the performance of official functions
f. Betrayal of public trust - Villanueva v. CA: Not misconduct bec not related to duties
3. Judges, for good behavior - E: GRAVE MISCONDUCT, OPPRESSION (Remolana)
4. Temporary Appts 5. Disgraceful and immoral conduct;
ii. LGC, Sec. 60 6. Being notoriously undesirable;
1. Mere commission of any office 7. Discourtesy in the course of official duties;
8. Inefficiency and incompetence in the
iii. CIVIL SERVICE LAW30 performance of official duties;
9. Receiving for personal use of a fee, gift or
1. DISHONESTY 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 29. Promoting the sale of tickets in behalf of
person in the hope or expectation of receiving private enterprises that are not intended for
a favor or better treatment than that accorded charitable or public welfare purposes and
other persons, or committing acts punishable even in the latter cases if there is no prior
under the anti-graft laws; authority;
10. Conviction of a crime involving moral
turpitude; 30. NEPOTISM
11. Improper or unauthorized solicitation of
contributions from subordinate employees WHEN:
and by teachers or school officials from school Appts and Designations (Laurel v. CSC)
children; in favor of the relative (3o c/a) of
12. Violation of existing Civil Service Law and  Apptg authority
rules or reasonable office regulations;  Recommending authority
13. Falsification of official document;  Person with immediate supervision over appointee
14. Frequent unauthorized absences or tardiness  Chief of bureau, office
in reporting for duty, loafing or frequent
unauthorized absences from duty during EXCEPTIONS! BUT Reqd to Report to CSC
regular office hours;  Persons employed in a confidential capacity
15. Habitual drunkenness;  Teachers
16. Gambling prohibited by law;  Physicians
17. Refusal to perform official duty or render  AFP
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;
 DUE PROCESS IN ADMINISTRATIVE INVESTIGATION integrity of office may
records, other prejudice
evi case filed
iv. Jurisdiction (concurrent) against him
c. Sanggunian Can’t remove local officials Salary IF None Pending Pending
d. President Removal is judicialized EXONERATE investigation: inves: None
D, None during bec. allowed
e. Ombudsman – can remove compensated PS bec. by law
i. E: Impeachables, Congress, Judiciary for PS during allowed by
f. CSC inves and law Beyond 90d:
i. E: Educational institutions due to Academic Freedom pending Recoverable
appeal Pending
appeal:
C: Removal is administrative Recoverable
So what is a court doing in an administrative case? Hearing None None None Pre-
suspension
1) Violation of SOP bec. Pres. can discipline executive officials hearing is
2) Impractical reqd to
-starts as admin yet judicialized determine
-quantum of evi from SS to preponderance validity of
info
-courts as rubber stamp only if evi is already taken in the admin
case
No violation of DP in longer period for OMB
-Sanggu can suspend but not remove yet both are disciplinary
-BEC Purposefully immune from political pressure
measures
to make it strong to threaten erring officials
-if it is to prevent political vendetta, then why presume it right
-AND justified by stricter reqts (Gobenciong v. CA)
away when there’s presumption of regularity?
vi. Right of Appeal
Effect of Death of Respondent: None if filed before death (Perez
g. Who: Party adversely affected
v. Abiera)
i. Govt ee in case of finding of guilt
ii. CSC (Dacoycoy)
iii. Disciplining authority (Geronga v. Varela)
v. Preventive Suspensions
AC LGC OMB CIVIL AGCPA PNP (RA
SERVICE 6975)
LAW vii. PENALTIES
Period 90d 60d 6m, 60d Reasonable Until h. DISCRETIONARY: Disciplining authority with leeway in imposing
BUT 90d time termination
within single until coeval with of case penalties
year on same termination pd for i. Length of service or seniority can be treated as m/c or
ground of case (ee decisions a/g
known under his (90d max)
authority) but
i. Forced Resignation instead of Dismissal
max 6m i. Oxymoron
Ground - when evi of -evi of guilt is charge charged ii. It is also a removal BUT with a chance to return to office
s guilt is strong strong involves with grave unless conditioned not to
- given the - charge -dishonesty, offense
gravity of involves -oppression, punishable iii. BUT Forfeited leave and retirement pay
offense, there dishonesty, -grave by 6y1d j. President can commute/remove administrative penalty
is great oppression, misconduct, i. only if recommended by the CSC
probability grave -neglect ii. meritorious cases
that the misconduct, -if there is
continuance neglect in reason to iii. subject to terms and conditions he may impose in
in office could duty believe that interest of service
influence -charges he is guilty
witnesses or warrants warranting
pose threat to removal his removal
safety and -contd stay in