Pre-Week

Reviewer
ADMINISTRATIVE LAW and
PUBLIC OFFICERS LAW

UP COLLEGE OF LAW
Bar Operations 2008

Political Law Team

Andi Lacuesta (Head), Steve Mercano (Deputy), Yvette Yaneza,
Steve Mercano (Admin Law), Jeneline Nicolas (Local
Government), Mae Macasero (Public Officers), Kristine
Bongcaron, Romulo Ramirez, Joanna Capones (Constitutional
Law 1), Luis Jose F. Geronimo, Judith Ann Alejo, Ma. Florence
Therese D.G. Martirez, Gayle Isip-Reyes, Kristina Zamora,
Ferdinand Manebo, Emmeline Escobillo, Jennifer Reyes, Jericho
del Puerto (Constitutional Law 2), Andi Lacuesta, Jeneline
Nicolas, Steve Mercano, Christina Rondario, Bridget Rose Mesina
(Election Law), Christina Rondario, Tifanie Gerona (Public Intl
Law)

1
 ADMINISTRATIVE LAW (1) Government
grant or gratuity,
•
Bureau of Lands
special privilege •
I. GENERAL PRINCIPLES Phil. Veterans Admin.
• Factors •
responsible for the emergence of GSIS, SSS, PAO
administrative agencies: (2) Carrying out the •
(1) growing complexities of modern life actual business of BIR
government •
(2) multiplication of number of subjects Customs, Immigration
needing government regulation •
(3) increased difficulty of administering laws Land Registration
(Pangasinan Transportation v Public Authority
Service Commission) (3) Service for public •
benefit Philpost
• Why there is
•
a need for administrative agencies/bodies:
PNR
Branches of government lack:
•
(1) time,
MWSS
(2) expertise, and
•
(3) organizational aptitude
NFA, NHA
for effective and continuing regulation of new
developments in society. (4) Regulation of •
businesses Insurance Commission
• Administrativ affected with •
e law = public interest LTFRB, NTC
(a) fixes the organization, •
(b) determines the competence of HLURB
administrative authorities, and (5) Regulation of •
(c) indicates to the individual private SEC
remedies for the violation of his rights. businesses and
individuals
• Kinds of
Administrative Law (6) Adjustment of •
a. Statutes setting up administrative individual ECC
authorities. controversies •
b. Rules, regulations, or orders of NLRC
such authorities promulgated pursuant to •
purposes for which they were created. SEC
c. Determinations, decisions, and •
orders of such authorities to settle disputes DAR
arising in their fields. •
d. Body of doctrines and decisions COA
dealing with the creation, operation, and (7) Government as •
effect of determinations and regulations of private party GSIS
such authorities.
b. as to the organic law of creation
• 2 Senses of (1) Constitution
Administration: (2) Legislative
(1) function (2) organization enactment
• 2 Kinds of (3) Executive Order;
Administration: authority of law
(1) internal (legal) c. as to hierarchy
(2) external (1) Office of the
(problems of govt regulations) President; Cabinet
(2) independent
Constitutional Commissions
• Administrativ  CSC, COMELEC, COA
e Agency = (3) other constitutional
(a) any governmental organ or authority, bodies
other than a court or legislative body,  Sandiganbayan, Ombudsman,
which affects the rights of private parties NEDA, CHR, Nat’l Language
through rule-making and adjudication Commission, etc.
(b) any department, bureau, office, (4) regulatory
commission, authority, or officer of the commissions
Government
 SEC, NLRC, Insurance
authorized by law or EO to
Commission, LTC, CID, etc.
(1) make rules
(5) public corporations
(2) issue licenses
 UP, NPC, MWSS, NDC, DBP
(3) grant rights or privileges, and
(4) adjudicate cases. • Kinds of
Administrative Rules or Regulations
• Powers of an
(a) supplementary / detailed
Administrative Agency
legislation
a. rule-making / quasi-
(b) interpretative legislation
legislative
(c) contingent legislation
b. adjudicatory / quasi-
judicial
c. determinative II. CONTROL OF ADMINISTRATIVE ACTION
- licensing A. Legislative
- price/rate- a. Powers of the Legislature
fixing 1. creation and abolition
- implementin 2. appropriation
g / executing 3. investigation
4. prescription of
• Types of
legislative standards
Administrative Agencies
a. as to purpose

2
 5. prescription of (g)
minimum procedural requirements promotion of simplicity, eonomy,
b. Congressional Oversight Committee or efficiency
1. scrutiny (h)
2. Congressional maintenance of monetary
investigation stability, promotion of
3. legislative supervision production and real income
∗ legislative veto ∗ cannot be delegated:
(a) creation of municipalities
B. Executive Powers (not the merging of administrative
a. appointment regions)
b. control (b) defining crimes
c. supervision
∗ sworn duty to preserve and defend the ∗ Permissible delegation:
Constitution and execute the laws (a) ascertainment of fact
(b) filling in of details
C. Judicial (c) administrative rule-making
 power of judicial review
∗ limits on rule-making:
∗ 2 views:
(1) must be authorized by
(a) radical (b) traditional / accepted
law
∗ deference to agencies’ greater (2) must not amend or be
expertise and experience in their inconsistent with the law
areas of specialization (3) must be germane to the
D. Ombudsman purpose of the law it was
meant to implement
(4) must not restrict,
expand, diminish, supplant,
III. POWERS AND FUNCTIONS OF ADMINISTRATIVE or modify the law
AGENCIES (5) may not unilaterally
impose a new legislative
Distinctions: policy
(6) may not delegate to a
Basis Quasi- Quasi-judicial mere constitutive unit the
legislative rulemaking authority
legislatively vested in the
As to The procedure The procedure head of an executive
procedural is that normally must observe the department
standards observed in the requirements of
making of rules. due process in the ∗ Indispensability of Publication
7 cardinal rules.  exceptions:
1. interpretative rules
2. internal regulations
As to time Rule-making is Adjudication is 3. letters of instructions issued by
prospective in retrospective in
administrative superiors to
character, for it character, for it
subordinates
only governs investigates acts
∗ All rules with respect to the fixing of
future acts. already done and
rates must first give notice and hearing.
then applies the
law on the facts.
Legislative Rules Interpretative Rules
promulgated pursuant passed pursuant to its
to its quasi-legislative / quasi-judicial capacity.
As to Legislative rules Adjudicative
rule-making functions.
application are of general rulings apply only
create a new law, a merely clarify the
application to parties
new policy, with the meaning of a pre-existing
force and effect of law. law by inferring its
implications.
A. Legislative Function need publication. need not be published.
∗ non-delegation doctrine So long as the court The court may review
∗ Requisites for a valid delegation: finds that the legislative their correctness of the
(1) completeness rules are within the interpretation of the law
(2) existence of power of the given by the
sufficient standard administrative agency administrative body, and
to pass, as seen in the substitute its own view of
may be express, implied, or primary law, then the what is correct to the
embodied in other statutes on rules bind the court. administrative body. If it
the same matter, not The court cannot is not within the scope of
necessarily in the same law question the wisdom or the administrative
being challenged correctness of the agency, court can only
 judicial determination of policy contained in the invalidate the same but
sufficiency of standards: rules. not substitute its decision
(a) or interpretation or give
interest of law and order its own set of rules.
(b) Due process involves Due process means that
public interest whether the parties the body observed the
(c) were afforded the proper procedure in
justice, equity and the substantial opportunity to be passing rules.
merits of the case notified and heard
(d) before the issuance of
what is moral, educational, or the ruling.
amusing
(e)
adequate and efficient instruction B. Judicial Functions and Powers
(f) 1. Investigation and adjudication
reasonableness 2. Power to issue subpoena and
declare contempt
∗ While all agencies with quasi-
judicial functions have the power to

3
 issue subpoenas, even if their charter
is silent as to it, not all of such
agencies also have the power to cite
for contempt. This must be expressly
granted in the charter. Else, the RTC
must be invoked.
3. Administrative searches and
seizures
∗ power to issue warrant of arrest:
none, except in the case of
deportation of illegal / undesirable
aliens, following a final order of
deportation. (Qua Chee Gan v
Deportation Board)
IV. ADMINISTRATIVE PROCEDURE
∗ Cardinal Primary Rights of Due Process:
(Ang Tibay v CIR)
1. Right to a hearing; to present one’s own
case and submit evidence in support
thereof
∗ Presence at a trial is not necessarily
the essenec of due process. All that
the law requires is the element of
fairness, that the parties be given
notice of trial and:
(a) an opportunity to be
heard
(b) in administrative
proceedings, an opportunity to
seek reconsideration; or
(c) an opportunity to
explain one’s side
2. The tribunal must consider the evidence
presented.
3. The decision must be supported by
evidence.
4. Evidence must be substantial.
∗ Substantial Evidence
such relevant evidence as a
reasonable mind might accept as
adequate to support a conclusion,
even if other minds equally
reasonable would opine otherwise.
5. Decision must be rendered on the
evidence presented at the hearing or at
least contained in the record and
disclosed to the parties affected.
6. Independent consideration of judge
7. Decision rendered in such a
manner as to let the parties know the
various issues involved and the reasons
for the decision rendered.
∗ Notice and Hearing
a. When required
(a) when specifically required by
law
(b) when it affects a person’s
status or liberty
b. When not required
(a) urgent reasons
(b) discretion is exercised by an
officer vested with it upon an
undisputed fact
(c) if it involves the exercise of
discretion and there is no grave
abuse
(d) when rules are to govern
future conduct of persons or
enterprises
(e) in the valid exercise of police
power
V. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS
 There is an underlying power in the courts
to scrutinize the acts of administrative agencies
exercising quasi-judicial power on questions of
law and jurisdiction even though no right of
review is given by the statute.
∗ Availability of Judicial Review: Factors:
(1) WON what is involved is a question of
constitutionality
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(2) History of the statute involved;
legislative intent
(3) Nature of problem involved
 right
vs. privilege
 quest
ion of law vs. question of fact
 quest
ion of discretion;
question of policy
(4) Finality of the decision
∗ forum shopping, res judicata, litis
pendentia
∗ Doctrine of Exhaustion of Administrative
Remedies
- to give the
agency a chance to correct its own errors
and prevent unnecessary and premature
resort to the courts
- for reasons
of comity: Expedience, courtesy,
convenience
∗ Failure to observe doctrine does not affect
jurisdiction of the court. The only effect of
non-compliance is it will deprive
complainant of a cause of action, which is
a ground to dismiss. But if not invoked at
the proper time, this ground is deemed
waived.
∗ exceptions:
(a)
purely legal questions
(b)
steps to be taken are merely matters of
form
(c)
administrative remedy not exclusive but
merely cumulative or concurrent to a
judicial remedy
(d)
validity and urgency of judicial action or
intervention
(e)
no other plain, speedy, adequate remedy
in the ordinary course of the law
(f)
resort to exhaustion oppressive and
patently unreasonable; will only cause
great and irreparable damage which
cannot be prevented except by taking
the appropriate court action
(g)
the administrative remedy is only
permissive or voluntary and not a
prerequisite to the institution of judicial
proceedings
(h)
the controversy involves the rule-making
or quasi-legislative functions of an
administrative agency
(i)
administrative agency is in estoppel
(j)
where the appeal to the Office of the
President was not acted upon despite
follow-ups, and in the meantime, the
assailed administrative resolution
continued to be put in effect
(k)
the subject of controversy is private land,
in land case proceedings
(l)
unreasonable delay or official inaction
(m)
administrative action is patently illegal
amounting to lack or excess of
jurisdiction
 (n)
resort to administrative remedy will amount
to a nullification of a claim
(o)
Issue of non-exhaustion of administrative
remedies rendered moot
(p)
quo warranto proceedings
(q)
law expressly provides for a different
review procedure
∗ Doctirne of Primary Jurisdiction /
Preliminary Resort
 effect:
(a) not dismisal, but only
suspension until after the matters
within the competence of the
administrative agency are threshed
out and determined
(b) Where primary jurisdiction to
determine preliminary matters is
vested in an administrative agency,
such determination is subject to
challenge in the courts.
 when applicable:
a.
administrative body and the regular
court have concurrent and original
jurisdiction.
b.
question to be resolved requires
expertise of administrative agency.
c.
legislative intent on the matter is to
have uniformity in rulings.
d.
administrative agency is performing a
quasi-judicial or adjudicatory
function (not rule-making or quasi-
legislative.)
∗ exceptions:
(a) agency has exclusive jurisdiction
(b) the issue is not within the
competence of the administrative
body to act on
(c) the issue involved is clearly a
factual question that does not require
specialized skills and knowledge for
resolution
∗ Ripeness
 2-fold test:
(1) fitness of the issue for judicial decision
(2) hardship on the parties due to
withholding of such court action
A. Modes of Judicial Review
∗ 2 classes of methods:
(a) statutory vs. non-statutory
(b) direct vs. collateral
(a) Certiorari
(i) simple or ordinary (Rule
45)
∗ Rule 43, in the case of
administrative agencies
performing quasi-judicial
functions
(ii) special civil action (Rule
65)
(b) Prohibition (Rule 65)
(c) Mandamus (Rule 65)
∗ Requisites:
(1)
Public officer or agency has a positive
duty, which is ministerial, and
unlawfully neglects to perform
such duty.
∗ Mandamus will lie against a
discretionary duty when the
official or agency refuses to
exercise the duty itself.
(2)
Right of petitioner is clear and
controlling.
∗ If the question is one of public
right and the object of
mandamus is to procure the
performance of a public duty, it
is sufficient to show that the
petitioner is a citizen even if he
has not special interest in the
result. (Tañada v Tuvera)
(3)
No other plain, speedy and adequate
remedy.
(d) Declaratory Relief (Rule 63)
∗ Requisites:
(1) Subject matter
must be a deed, will, contract or
written instrument in which
petitioner is legally interested, or
law or governmental regulation
which affects his rights.
(2) The terms of the
written instrument are, or the
validity of the law or regulation is,
The doubtful and requires judicial
construction.
(3) Petition is filed
before breach or violation of the
The instrument or regulation.
(4) There must be an
actual justiciable controversy
The between persons with adverse
interests.
(5) Petitioner must
The have legal interest in the
controversy.
(6) Controversy must
be ripe for adjudication.
∗ exhaustion of administrative
remedies
(7) Adequate relief is
not available through other
means or other forms of action or
proceeding.
(e) Habeas Corpus (Rule 102)
(f) Injunction (Rule 58)
(g) Suit for Damages
B. Extent of Judicial Review
∗ question of fact vs. of law
 question of fact:
(a) existence of a certain fact or
thing
(b) occurrence of an event
(c)which of the two versions of the
happening of an event is correct
 question of law:
(a) Constitutionality of the statute
creating the agency and granting
its powers
(b) Validity of the agency action if
this transcend the limit
established by law
(c) Correctness of the agency’s
interpretation and application of
the law
VI. ENFORCEMENT OF AGENCY ACTION
Adjudicative function Enforce decision.
Rule-making function Promulgate rules.
Executive function Issue or withhold license.
Dispensing government
Dole out or withhold.
largess
∗ Administrative enforcement includes:
∗ presumption of power of agency to enforce
its decisions emanating from its quasi-judicial
powers
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 ∗ summary enforcement without need for
adjudication:
- CIR: distraint
of personal property or levy on real
property
- DOH:
abatement of nuisance
- PCGG:
sequestration of ill-gotten wealth
∗ If officials refuse to implement a final and
executory judgment, the remedy is
mandamus.
∗ Execution must conform to that ordained or
decreed in the dispositive part of the
decision. Where the order of execution is not
in harmony with and exceeds the judgment
which gives it life, the order pro tanto has no
validity. (Clavano v HLURB)
LAW ON PUBLIC
OFFICERS
Public Officer
• performs discretionary governmental public
functions / duties
• became such by law, election, or
appointment.
• (Who MAY BE Public Officers) The term
“officer” includes any government employee,
agent, or body authorized to exercise
governmental power in performing particular
acts or functions (Sec. 2(14) Administrative
Code), like:
•Persons in authority and their agents.
Article 152, Revised Penal Code.
• Temporary performer of public
functions. ‘
• GR: Acceptance to Office ≠ Compelled
EXC:
• military or civil service (AII S4 Const);
• person elected refuses without legal
motive
• Power = Delegated (≠Presumed)
De Facto Officers
1. De Facto Doctrine
A person admitted and sworn into office by the
proper authority is deemed to be rightfully in such
office UNTIL:
(a) he is ousted by judicial declaration in a
proper proceeding; or
(b) his admission thereto is declared void.
Purpose: Orderly functioning of government.
2. De Facto Officer exercises official duties under
ANY of these circumstances:
• No known appointment or election
Regarded as officer by reputation or
acquiescence;
• Known and valid appointment or
election
Failure to perform condition precedent
(e.g., oath-taking or bond);
• Known and valid appointment or
election, but such is VOID because:
Θ He’s ineligible;
Θ Unauthorized electing or appointing
body;
Θ Defective or irregular exercise of
function;
Θ (Important) The public is
UNAWARE of such ineligibility, want of
power, or defect.
6
• Elected or appointed via an
unconstitutional law, before adjudged as
such.
• An intruder / usurper may be presumed a
de facto officer with the passage of time,
when the public presumes in their minds
IN GOOD FAITH that the intruder is
rightfully acting as a public officer.
3. Who may Contest
Quo warranto proceedings may be filed by:
Θ The person claiming entitlement to
the office;
Θ The Republic of the Philippines
(represented by the Solicitor-General or
a public prosecutor)
4. Liabilities of De Facto Officers
• Same as de jure officer, even for crimes.
5. De Facto Officer’s Compensation – None
• De jure officer may even recover from him
the salary he received (Monroy v CA).
• EXCEPTIONS
• NO de jure officer.
• When the de jure officer assumed
another position under protest with pay Gen.
Manager, Philippine Ports Authority v.
Monserate (April 17, 2002)
III. ELIGIBILITY AND QUALIFICATIONS
A. Definitions
• Eligibility: endowment / requirement /
accomplishment that fits one for a public
office.
• Qualification: endowment / act which a
person must do before he can occupy a
public office.
⇑ BP 881: the office of any elected official
who fails or refuses to qualify within six
months from his proclamation shall be
considered vacant unless said failure is for
cause or causes beyond his control.
B. Who Prescribes Qualifications
• GR: Congress (who can also prescribe
disqualifications).
• RESTRICTIONS on Congress’ Power:
• Constitution;
• The qualification must be germane to
the position ("reasonable relation" rule);
• Congress cannot prescribe
qualifications so detailed as to practically
amount to making a legislative appointment.
C. Time of Possession of Qualifications
• As specified by Constitution or law.
• If unspecified, 2 views:
1. qualification during commencement
of term or induction into office;
2. qualification / eligibility during
election or appointment
• Eligibility exists as long as officer is qualified.
• Estoppel inapplicable. (Castaneda v.
Yap)

• Citizenship requirement should be
possessed on start of term (≠ on filing
candidacy). (Frivaldo v. COMELEC, June 28,
1996)
D. Eligibility = Presumed
• “Practice of Law” any activity, in or out of
court, which requires the application of law,
legal procedure, knowledge, training and
experience. (Cayetano v. Monsod)
• “Residency” defined. In election
residence refers to domicile.
• Presumption in favor of domicile of origin.
Domicile requires the twin elements of actual
habitual residence and animus manendi (intent
to permanently remain). Domicile of origin is
deemed to continue absent a clear and positive
proof of a successful change of domicile.
(Marcos v. COMELEC)
E. Disqualifications to Hold Public Office
• General Constitutional Disqualifications
a) Losing candidates
should not be appointed to any
governmental office within one year
after such election. (Art. IX-B Sec. 6)
b) Elective officials
during their tenure are ineligible for
appointment or designation in ANY
capacity to ANY public office or
position (Art. IX-B Sec. 7(1))
c) Appointive officials
shall not hold any other governmental
position.
⇒ Unless otherwise allowed by law
or his position’s primary functions
(Art. IX-B Sec 7 (2))
⇑ Note: No violation if another office is
held in an ex officio capacity (no
compensation or other honoraria) when
provided by law and required by his
office’s primary functions (National
Amnesty Commission v COA, September
8, 2004)
• Specific Constitutional Disqualifications
1) The President, Vice President, the
Members of the Cabinet and their
deputies or assistants shall not hold any
other office or employment during
their tenure, UNLESS otherwise
provided in the Constitution, (Art. VII,
Sec. 13)
2) No Senator or Member of the House of
Representatives during his term may
hold any other office or employment in
the Government, or any subdivision,
agency or instrumentality thereof,
including government-owned or
-controlled corporations or their
subsidiaries, or else he forfeits his seat.
He shall also not be appointed to any
office when such was created or its
emoluments were increased during his
term. (Art. VI, Sec 13)
3) Members of the Supreme Court and other
courts established by law shall not be
designated to any agency performing
quasi-judicial or administrative functions.
(Art. VIII, Sec. 12)
4) Members of the Constitutional
Commission during their tenure shall not
hold any other office or employment.
(Art. IX-A, Sec. 2)
5) Previous disqualification applies to the
Ombudsman and his Deputies. (Art. XI,
Sec. 8)
6) The Ombudsman and his Deputies are
disqualified to run for any office in the
election immediately succeeding their
cessation from office. (Art. XI, Sec. 11)
7) Members of Constitutional Commissions,
the Ombudsman and his Deputies must
not have been candidates for any
elective position in the elections
immediately preceding their
law,
appointment (Art IX-B, Sec. 1; Art. IX-C,
Sec. 1; Art. IX-D, Sec. 1; Art XI, Sec. 8)
8) Members of Constitutional Commissions,
the Ombudsman and his Deputies are
appointed to 7-year term, without
reappointment (Sec. 1(2) of Arts. IX-B,
C, D; Art. XI, Sec. 11)
9) During the President’s tenure, his spouse
and relatives by consanguinity or affinity
within the fourth civil degree shall not be
appointed as Members of the
Constitutional Commissions, or the
Office of the Ombudsman, or as
Secretaries, Undersecretaries, chairmen
or heads of bureaus or offices, including
government-owned or -controlled
corporations. (Art. VIII, Sec. 13)
• Other Disqualifications
1. Mental or physical incapacity
2. Misconduct or crime: persons convicted of
crimes involving moral turpitude are
USUALLY disqualified from holding public
office.
3. Impeachment
4. Removal or suspension from office:
5. Previous tenure of office: for example, an
appointed Ombudsman is absolutely
disqualified for reappointment (Article XI,
Constitution).
6. Consecutive terms limit:
a. Vice-President = 2 consecutive
terms
b. Senator = 2 consecutive terms
c. Representative = 3 consecutive
terms
d. Elective local officials = 3
consecutive terms (Sec. 8, Art. X,
Constitution)
7. Holding more than one office: to prevent
offices of public trust from accumulating in
a single person, and to prevent individuals
from deriving, directly or indirectly, any
pecuniary benefit by virtue of their dual
position-holding.
8. Relationship with the appointing power
• Exceptions to rule on nepotism:
Θ Confidential employees
Θ teachers
Θ physicians
Θ members of the Armed
Forces of the Philippines
9. Under the Local Government Code
a. Conviction for a crime involving
moral turpitude or punishable by 1 year
or more of imprisonment, within 2 years
after serving sentence;
7
 b. Administratively removed; • For Appointments not requiring confirmation
(AIA)
c. Conviction for violating of oath of 1. Appointing authority appoints.
allegiance to the Republic; 2. Commission issues appointment.
3. Appointee accepts.
d. Dual citizenship;
⇑ Note: If a person is appointed to the career
e. Fugitive from justice in criminal service of the Civil Service, the Civil Service
or non-political cases here or abroad; Commission must bestow attestation.

f. Permanent residents in a foreign Presidential Appointees

country or those who have acquired the
right to reside abroad and continue to • Needs concurrence of Commission on
avail of the same right after the Appointments
effectivity of the Local Government • Heads of the executive departments (Art. VII,
Code; Sec. 16, Constitution);
• Ambassadors (ibid);
g. The insane or feeble-minded.
• Other public ministers and consuls (ibid);
• Officers of the armed forces from the rank or
colonel or naval captain (ibid);
Designation Appointment • Other officers whose appointments are
vested in him by the Constitution (ibid),
Appointing
including Constitutional Commissioners (Art.
Imposition of authority selects
IX-B, Sec. 1 (2) for CSC; Art. IX-C, Sec. 1 (2)
additional duties an individual who
Definition for COMELEC; Art. IX-D, Sec. 1 (2) for
upon existing will occupy a
COA).
office certain public
office
• Doesn’t need concurrence of Commission on
Extent of Appointments
Limited Comprehensive • All other officers of the government whose
Powers
appointments are not otherwise provided for
Security of by law;
No. Yes.
tenure? • Those whom he may be authorized by law to
appoint;
…a 2nd …a 2nd
Is prior/1st
designated appointive • Members of the Supreme Court;
office • Judges of lower courts;
position is position is
abandoned • Ombudsman and his deputies
assumed? assumed? Usually
when…
NO YES
• Kinds of Permanent Presidential
Appointments
• Vacancy for Validity of appointment. (Costin • Regular: while Congress is in session –
v Quimbo) effective after confirmation by Commission
on Appointments
2. Nature of Power to Appoint
• Ad interim: while Congress is not in
session – immediately effective and ceases
• Executive and Discretionary. (Concepcion v. to be valid if disapproved or bypassed by the
Paredes) Commission on Appointments.
• Must be unhindered and unlimited by
Congress. D. Qualification Standards and Requirements
• Free. under the Civil Service Law

3. Classification of Appointments 1. Qualification Standards

Permanent Temporary • It enumerates the minimum requirements for
Eligibility and a class of positions in terms of: (TEPOC)
Needed Not Needed
Qualification • education
Until a permanent • training and experience
Until lawful
Duration appointment is • civil service eligibility
termination
issued • physical fitness and
None • other qualities required for successful
EXCEPT Fixed- performance. (Sec. 22, Book V,
Period Temporary Administrative Code)
Appointments: • The Departments and Agencies are
Security of may be revoked responsible for continuously establishing,
Exists
Tenure ONLY at the administering and maintaining the
period’s expiration. qualification standards as an incentive to
Revocation before career advancement. (Sec. 7, Rule IV,
expiration must be Omnibus Rules)
for a valid cause. • Such establishment, administration, and
maintenance shall be assisted and approved
4. Steps in Appointing Process by the CSC and shall be in consultation with
the Wage and Position Classification Office
• For Appointments requiring confirmation: (ibid)
• It shall be established for all positions in the
Regular Appointments (NCIA) 1st and 2nd levels (Sec. 1, Rule IV, Omnibus
1. President nominates. Rules)
2. Commission on Appointments confirms.
3. Commission issues appointment. 2. Political Qualifications for an Office (i.e.
4. Appointee accepts. membership in a political party)
• GR: Not Required.
Ad-Interim Appointments (NIAC) • EXC:
1. President nominates.
• Membership in the electoral tribunals of
2. Commission issues appointment.
either the House of Representatives or
3. Appointee accepts.
Senate (Art. VI, Sec. 17, Constitution);
4. Commission on Appointments confirms.
• Party-list representation;

8
 • Commission on Appointments;
• Vacancies in the Sanggunian (Sec. 45, Local
Government Code)
3. Effect of pardon upon the disqualification to
hold public office
• GR: Does not restore the right to hold public
office. (Art. 36, Revised Penal Code)
• EXC:
• Pardon’s terms expressly restores such (Art.
36, RPC);
• Reason for pardon = non-commission of the
imputed crime. (Garcia v. Chairman, COA)
E. Discretion of Appointing Official
• Presumed.
• Scope
• choice of person
• nature and character of the appointment (i.e.
permanent or temporary)
• Promotion of “next-in-rank” career officer ≠
Mandatory.
• When Abused, use Mandamus.
• Recall. CSC Jurisdiction includes the
authority to recall an appointment which has
been initially approved when it is shown that the
same was issued in disregard of pertinent CSC
laws, rules and regulations.
• Review Appointee’s Qualifications. The
only function of the CSC is to review the
appointment in the light of the requirements of
the Civil Service Law, and when it finds the
appointee to be qualified and all other legal
requirements have been otherwise satisfied, it
has no choice but to attest to the appointment.
(Lapinid v. CSC)
• What it cannot do.
• It cannot order the replacement of the
appointee simply because it considers
another employee to be better qualified.
(Lapinid v. CSC)
• The CSC cannot co-manage or be a
surrogate administrator of government
offices and agencies.
• It cannot change the nature of the
appointment extended by the appointing
officer. (Luego v. CSC)

• “Upon recommendation” = Merely Advisory. I. Appointments to the Civil Service

F. Effectivity of Appointment
• SCOPE: Embraces all branches,
subdivisions, instrumentalities and agencies
• Immediately upon appointing authority’s
of the Government, including GOCCs with
issuance of appointment papers. (Rule V, Sec.
original charters (Art. IX-B Sec. 2(1),
10, Omnibus Rules).
Constitution)

• Classes of Service
G. Effects of a complete, final and irrevocable
appointment Non-career
Career Service
Service
merit and fitness
• GR: It cannot be taken away EXCEPT for
(i.e. competitive
cause, and with previous notice and hearing
examination)
(due process).
 Exceptions
• EXC: (nature of
position):
• Appointment = Absolute Nullity (Mitra v.
Θ
Subido);
Po No
• Appointee commits fraud (Mitra v. Qualification
examinations
Subido);
• Midnight appointments
Θ
Pri
Θ General Rule: A President or
Acting President (only) shall not
appoint 2 months immediately before
Θ
Hi
the next presidential elections until his
term ends. (Art. VII, Sec. 15,
Constitution)
• period
Θ Exception: Temporary
specified by
appointments to executive positions
law
when continued vacancies will
• coterminous
prejudice public service or will endanger
with the
public safety. Tenure Secured
appointing
authority
• duration of a
H. Civil Service Commission’s (CSC’s)
particular
Jurisdiction
project

• Exclusive Jurisdiction • Other Personnel Actions

• Disciplinary cases
• cases involving “personnel action” • Promotion - movement from one
affecting the Civil Service employees
position to another with increase in duties,
Θ appointment through certification responsibilities and pay.
Θ promotion
Θ transfer
Θ reinstatement Θ Next-in-rank Rule.
Θ reemployment • The person next in rank shall
Θ detail, reassignment be given PREFERENCE in
Θ demotion promotion when the position
Θ separation immediately above his is vacated.
• employment status • Preference ≠ Automatic
• qualification standards Appointment  Appointing
authority shall specify the “special

9
 reason or reasons” for not
appointing the officer next-in-rank.
Θ Automatic Reversion Rule.
• In a chain of promotions, the
disapproval of one person’s
promotion invalidates the promotion
of those in the lower positions and
automatically restores them to their
former positions.
• But the affected persons are
entitled to payment of salaries for
services actually rendered at a rate
fixed in their promotional
appointments. (Sec. 13 of the
Omnibus Rules Implementing
Administrative Code)
• Appointment through Certification is
issued to a person who is:
Θ selected from a list of qualified
persons certified by the Civil Service
Commission from an appropriate
register of eligibles
• Transfer is a movement from one
position to another which is of equivalent
rank, level or salary without break in service.
Θ If UNconsented = violates security
of tenure.
EXCEPTIONS:
• Temporary Appointee
• Career Executive Service
Officer whose status and salaries
are based on ranks (≠ positions)
• Reinstatement. It is technically the
issuance of a new appointment and is
discretionary on the part of the appointing
power.
Θ It cannot be the subject of an
application for a writ of mandamus.
Θ Who may be reinstated to a
position in the same level for which he is
qualified:
• Any permanent appointee of a
career service position
• No commission of delinquency
or misconduct, and is not
separated.
Θ Same effect as Executive
Clemency, which completely obliterates
the adverse effects of the administrative
decision which found him guilty of
dishonesty. He is restored ipso facto
upon grant of such. Application for
reinstatement = unnecessary.
• Detail is the movement of an employee
from one agency to another without the
issuance of an appointment.
Θ Limited period.
Θ Professional, technical and
scientific positions.
Θ Temporary.
• Reassignment – in the SAME agency.
Θ Management prerogative.
Θ ≠ removal without cause.
Θ Requirements:
10
• NO reduction in rank, status or
salary.
• Should have a definite date or
duration (c.f. Detail). Otherwise, a
floating assignment = a diminution
in status or rank.
• Reemployment. Names of persons who
have been appointed permanently to
positions in the career service and who have
been separated as a result of reduction in
force and/or reorganization, shall be entered
in a list from which selection from
reemployment shall be made.
V. ASSUMPTION AND TERM OR TENURE OF
OFFICE
A. Qualification to Office
• designates commencement of security of
tenure.
1. Appointment and Qualification to Office
Distinguished
• Appointment is the appointing authority’s act of
designating a person to a public office.
• A man cannot be compelled to accept office.
A judge may not be made a judge of another
district without his consent. Appointment and
qualification to office are separate and distinct
things. Appointment is the sole act of the
appointee. (Borromeo v. Mariano)
• Qualification is the appointee’s act of signifying
his acceptance of the appointive position.
This generally consists of the taking /
subscribing / filing of an official oath, and in
certain cases, of the giving of an official
bond, as required by law. (Mechem)
Appointment Qualification
Who Appointing Appointee
Acts Authority
Act Designates Accepts Appointive
Done Appointee To a Position
Public Office
2. Effect of Failure to Qualify
• It is evidence of refusal of the office.
• It is a ground for removal.
• IF qualification = condition precedent 
failure to qualify = rejection of the office
• BUT If qualification ≠ condition precedent 
failure to qualify ≠ rejection
3. Justifiable reasons for delay in qualifying:
• Sickness
• Accident
• Other fortuitous events that excuse delay.
4. Time Limit for Qualification. The Omnibus
Election Code provides that the officer must qualify
(i.e., take his oath of office and assume office) within
6 months from proclamation.
• Otherwise, the position will be deemed
vacant.
• EXCEPTION: If the non-assumption of office
is due to a cause beyond his control.
B. Oath of Office
1. Definition
• An oath is an outward pledge whereby one
formally calls upon God to witness to the
truth of what he says or to the fact that he
sincerely intends to do what he says.
• Obligatory?
• GENERALLY NO. It may be dispensable,
because it is a mere incident to the office and
constitutes no part of the office itself.
• HOWEVER, the President, Vice-President
and Acting President are mandatorily
required by the Constitution (Art. VII, Sec. 5)
to take an oath or affirmation before entering
into the execution of their office.
⇑ BUT, Nachura states: Only when the
public officer has satisfied the prerequisite of
taking his oath of office can his right his
position be considered plenary and
complete. Until then, the holdover officer is
the rightful occupant. (Lecaroz v
Sandiganbayan)
2. Persons Authorized to Administer Oaths
• Notaries public;
• Judges;
• Clerks of court;
• Secretary of House / Senate;
• Secretary of Exec. Departments;
• Bureau Directors;
• Register of Deeds;
• Provincial governors;
• City mayors;
• Municipal mayors;
• Presidential appointees
• Any other officer whose duties, as defined by
law or regulation, require presentation to him
of any statement under oath
3. Persons Obliged to Administer Oaths in All
Instances
• Notaries public
• Municipal judges
• Clerks of court
4. When to Take Oath of Office
• Before discharging duties.
5. Requalify if Re-Elected/-Appointed
• If a public officer is re-elected or re-appointed
he must take another oath and fulfill the other
condition precedents before assuming office.
The prior oath and other qualifications made
before assuming his previous office are valid
for his subsequent terms of office.
C. Giving of Bonds
1. The Bond
• Nature. An indemnity bond (≠ penal / forfeiture
bond).
• When Charged. Whenever the officer defaults,
sureties are held liable.
• Purpose and Beneficiaries.
• To indemnify those suffering loss or injury
due to officer’s misconduct or neglect in office.
• To protect public interest
• ≠ Office holder’s benefit
2. Persons Required to Give Bond
• Financially accountable public officers (i.e.
entrusted with collection and custody of
public money);
• Public ministerial officers whose actions may
affect an individual’s rights and interests.
3. Effect of Failure to Give Bond within the
Prescribed Period
• If Bond ≠ condition precedent  merely
constitutes a GROUND for forfeiture (≠ ipso
facto) of the office.
11
• If Bond = condition precedent  renders office
vacant.
D. Term and Tenure of Office
1. Term of Office and Tenure of Office
Distinguished
Term of Office ≥ Tenure of Office
De jure De facto
Fixed and definite period
Period during which the
of time during which the
incumbent ACTUALLY
officer MAY CLAIM THE
HOLDS the office. It may
RIGHT TO HOLD the
be shorter than the term.
office
2. Legislature holds Power to Fix and Change
the Term of Office
• When the Constitution is silent
• When Congress itself created the office
• Exception: Applying Lengthened Term to
Incumbents = Legislative Appointment  Null
and Void
• NO POWER WHEN Constitution fixes term.
• But such term of office can be shortened or
extended when people vote to ratify a
constitutional amendment.
3. When Term/Tenure of Office Dependent upon
President’s Pleasure
• When Congress legally and constitutionally
makes it so. (Alba v. Evangelista)
• Effect. The public officer may be removed
without notice or hearing when the appointing
power can exercise the power of removal at his
mere discretion. (Alba v. Evangelista)
4. No Vested Interest in Term of Office
• An incumbent cannot validly object to the
alteration of his term. Public office is a privilege
revocable by the sovereignty (≠ by him) at will.
Thus he has no vested right in his office.
(Greenshow v. U.S.)
5. Term of Office Not Extended by Reason of
War
• There is no principle, law or doctrine by which
the term may be extended by reason of war.
(Nueno, et al. v. Angeles)
E. Doctrine of Holdover
1. The Doctrine
• A public officer whose term has expired or
services have been terminated is allowed to
continue holding his office UNTIL his
successor:
• is appointed or chosen and
• has qualified. (Mechem)
2. Purpose
• Public interest: to prevent hiatus in the public
service pending the time when a successor
may be chosen and inducted into office.
3. Holdover Rules
• When the law expressly provides for it:
• The office does not become vacant upon the
expiration of the term if there is no successor
elected and qualified to assume it.
• Incumbent will hold-over even if beyond the
term fixed by law.
• Holding-over public officer = de jure officer.
• When the law is silent:
• GENERAL RULE: Incumbent may hold-over.
Law-making body favors it.
• EXCEPTION: When hold-over is prohibited, • Police officers  may arrest criminals outside
expressly (i.e. provision stating hold-over is Philippine territory;
prohibited) or impliedly (i.e. law fixes a specific
• Doctrine of HOT pursuit
date for the end of the term).

• Impermissible when the Constitution limits the D. Duration

term of a public officer and does not provide for • Limited to that term he is invested by law with
hold-over. the rights and duties of the office.

⇑ Note: Art 237 of the Revised Penal Code

penalizes any public officer who shall continue E. Construction of Grant
to exercise the duties and powers of his office • STRICT. Grant of powers will be construed as
beyond the period provided by law. conferring only those expressly imposed or
necessarily implied.

F. Commencement of Term of Office

F. Classification of Powers
1. If time = fixed
• On specified date. Discretionary Ministerial
Acts performed:
2. If time ≠ fixed  in a given
• On Election or Appointment date. state of facts,
 in a prescribed
Acts requiring
3. If law fixing the term = ambiguous manner,
exercise of
• Follow the shorter/est term.  in obedience
reason in
Definition determining to the mandate of
4. If office = vacant AND term’s duration and
when, where, and legal authority
commencement are fixed disregarding his
how to exercise
• Person elected to fill the the power own judgment
vacancy shall hold the office only for the upon the act’s
UNEXPIRED PORTION of the term. propriety or
impropriety
5. If term’s [duration = fixed] AND [beginning or (Lamb v. Phipps)
end ≠ fixed] Generally, YES.
• Person selected to fill the Generally, NO.
Exception: When
vacancy may serve the FULL term
Exception: When the law expressly:
6. Where an officer is appointed to an office Delegable? officer is given  requires officer
created to perform a single act the power to to perform the act
substitute / in person
• Office terminates with the delegate.  prohibits
accomplishment of its purposes. delegation
When doing of
duty has been
delayed for an
VI. POWERS AND DUTIES OF PUBLIC unreasonable
OFFICERS time.
When is Mandamus can
mandamus only compel the
A. Source Always.
proper? officer to MAKE a
• The people  sovereign decision (≠dictate
• Public Officers’ authority consists of those HOW to decide)
powers: (BF Homes v
National Water
• Expressly conferred upon him by the act
Resources
appointing him
Council)
• Expressly annexed to the office by law Public
• Attached to the office by common law as Generally NO.
officer liable YES if exercise of
incidents to it for his duty = contrary to
Exceptions:
official law’s prescribed
Fraudulent or
acts? manner.
B. Scope Malicious acts.

• Powers expressly granted by law.

• All official powers truly covered by the Doctrine
of Necessary Implication:
• those essential to the accomplishment of the
office’s main purpose; or
• those germane to and serve to promote the
accomplishment of the principal purpose,
although incidental or collateral (Lo Cham v.
Ocampo).
1. Discretionary Power
• Definition. A lawful conferment of a power or
right upon an officer to act officially in certain
circumstances, according to their OWN
(≠others’) judgment and conscience. (Lamb v.
Phipps)
• Power of Board of Canvassers = Quasi-Judicial
= Discretionary. (Torres v. Ribo)

C. Territorial Extent
• GENERAL RULE: If a public officer is
authorized by law to perform his duties at a
particular place, performing them in a place not
authorized by law is ordinarily invalid. (Note:
This applies to all public officers whose duties
are essentially local in nature, e.g. judges.)
• EXCEPTIONS:
• Consuls;
• Generally Unrestricted by Mandamus when the
law imposes upon the officer the right or duty to
exercise judgment in reference to ANY matter
requiring his action (Aprueba v. Ganzon).
• Quasi-Judicial Officers’ Acts. Auditors and
comptrollers, as accounting officers, are
generally quasi-judicial officers. They perform
ministerial duties only when the sum due is
conclusively fixed by law or pursuant to law.
Other than that, their actions are usually judicial

12
 and discretionary (≠ministerial), including
claims for settlement and certification of
balances they deem due. Mandamus won’t
apply. (Lamb v. Phipps)
• Mandamus inapplicable to contractual
obligations (i.e. via police power). The privilege
of operating a market stall under license is not
absolute but revocable under an implied lease
contract subject to the general welfare clause.
Mandamus never lies to enforce the
performance of contractual obligations.
(Aprueba v. Ganzon)
• Exceptions:
Θ Abusive. When officer commits grave
abuse of discretion, manifest injustice or
palpable excess of authority equivalent to
a denial of a settled right to which the
petitioner is entitled (First Phil. Holdings
Corp v Sandiganbayan)
Θ Officially Competent. When public
officer is officially competent to remove or
rectify an unlawful act. (Miguel v. Zulueta)
Θ No Remedy. When Plain, Speedy or
Adequate remedy ≠ Available. (First Phil.
Holdings Corp v Sandiganbayan)
• Discretion ≠ Judgment
Judgment is a judicial function, the
determination of a question of law. There is
only one way to be right.
Discretion is the faculty conferred upon a court
or other officer which he may decide the
question either way and still be right.
2. Ministerial Power (Lamb v. Phipps)
• A purely ministerial act is performed by an
officer or tribunal in a given state of facts, in a
prescribed manner, in obedience to the
mandate of legal authority, disregarding the
exercise of his own judgment upon the act’s
propriety or impropriety.
• It is a simple, definite duty arising under
conditions admitted or proved to exist and
imposed by law.
• It is a precise act, accurately marked out,
enjoined upon particular officers for a particular
purpose.
G. Duties of Public Officers
1. General (Constitutional)
a) To be accountable
to the people; to serve them with utmost
responsibility, integrity, loyalty and
efficiency’ to act with patriotism and
justice, and to lead modest lives (Art. XI,
Sec. 6)
b) To submit a •
declaration under oath of his assets,
liabilities and net worth upon assumption
of office and as often thereafter as may be
required by law (Art. XI, Sec 17)
c) To owe allegiance
to the State and the Constitution at all
times (Art. XI, Sec. 18)
2. Specific
• The Solicitor General is duty-bound to
represent the government.
• Except in criminal cases or civil cases for
damages arising from felony (Gonzales v
Chavez)
H. Time of Execution of Powers
1. ≠ Specified
• Within a reasonable time
13
2. Specified
• Merely directory
• Exceptions:
• Statute shows a different intent (Araphoe City
v. Union Pac);
• Disregard of statute would injuriously affect a
public interest or public right;
• Provision has negative words importing the
doing of acts only in such specified manner or
time.
I. Ratification of Unauthorized Acts
1. If act was absolutely void when committed
• Cannot be ratified
2. If merely voidable
• Can be ratified and rendered valid
3. Government not estopped by its officers’
unauthorized or illegal acts
• Especially when the individual benefited. As
between an individual and his government, an
individual cannot plead the void act of an official
to shield him from the government’s demand
that he (the individual) fulfill an obligation which
he has contracted with the government. Not
after the benefits accruing to him as a result of
that obligation have been received. The
government can neither be estopped nor
prejudiced by the illegal acts of its servants.
(Government v. Galarosa)
• Officer’s Wrong Construction Disregarded. A
tax circular issued on a wrong construction of
the law cannot give rise to a vested right that
can be invoked by a taxpayer. (Hilado v.
Collector)
I. Accountability and Responsibility of Public
Officers and Employees
• Norm of Performance of Duties: standards of
personal conduct provided for in Sec. 4, RA
6713
• Commitment to public interest;
• Professionalism;
• Justness and sincerity;
• Political neutrality;
• Responsiveness to the public;
• Nationalism and patriotism;
• Commitment to democracy;
• Simple living
J. Prohibitions
(a) Partisan political activity. No civil
service officer or employee shall engage,
directly or indirectly, in any electioneering or
partisan political campaign. (Sec. 5(3), Sec. IX-
B)
Armed Forces included.
• Civil Service Law prohibits them to:
• engage directly or indirectly in any
partisan political activity
• take part in any election, except vote
• use official authority to coerce any
person or body in political activity.
• OKAY to express views on current
political problems (Caltex v Bonifacio)
• ≠ Prohibition on Campaigning except on
campaign period. This provision is diff
from Sec. 79 BP 881 which makes it
unlawful for any person or any political
party to engage in election campaign or
partisan political activity except during
campaign period.
• Election campaign or partisan political
activity refers to an act designed to
promote the election or defeat of a
candidate/s to public office.
 • If done for the purpose of enhancing the
chances of aspirants for nomination for
candidacy to a public office by a political
party, it shall not be considered as
election campaign or partisan political
activity.
(b) Additional double or indirect
compensation unless:
• law specifically authorizes such
• Congress consents to any foreign
government’s any present emolument, office or
title of any kind from (Sec. 8, Art. IX-B)
(c) Loans guaranty, or other form of
financial accommodation for any business
purpose may be granted, directly or indirectly,
by any government-owned or controlled bank or
financial institution to the ff:
(1) President
(2) Vice President
(3) Members of the Cabinet
(4) The Congress
(5) The Supreme Court
(6) The Constitutional Commissions
(7) The Ombudsman
(8) To any firm to which they have
controlling interest during their tenure
(d) Limitation on Laborers. They shall not
be assigned to perform clerical activities.
(e) Detail or assignment within three
months before any election UNLESS Comelec
approves
(f) Nepotism: All appointments made in
favor of a relative (within the third civil degree of
consanguinity or affinity) of the appointing
authority or the chief of the bureau or office of
the persons exercising immediate supervision
over him. This covers all appointments and
designations, including subsequent personnel
actions. (ex. promotion, reinstatement etc).
VII. RIGHTS AND PRIVILEGES OF PUBLIC
OFFICERS
A. Right to Office
• It is the right to exercise the powers of the office
to the exclusion of others.
B. Right to Salary or Compensation
1. BASES
• The legal title to the office
• The fact that the law attaches
compensation to his office
2. GENERAL RULES
• Compensation requires validly-created office. A
public officer is not entitled to compensation for
services rendered under an unconstitutional
statute or provision thereof.
• EXCEPT if some other statute provides
otherwise.
• Compensation ≠ stipulated  official service =
gratuitous. If law does not fix compensation, the
public officer is presumed to have accepted
rendering the service office gratuitously.
• Subsequent law can’t eradicate compensation
for past services. After a public officer has
rendered services, his earned compensation
cannot be taken away by a subsequent law.
HOWEVER, he cannot recover salary for the
period he did not perform services.
• Officer without legal title can’t recover salary or
compensation attached to office.
14
• Public Office Intruder / Usurper ≠ Right to
Salary / Compensation attached to office.
3. Some Constitutional Provisions Affecting
Salaries
• Increase of salaries of members of
Congress shall take effect after expiration of the
full term of the Members of the Senate and the
House of Representatives who approved
increase. (Sec 10, Art. VI)
• President’s and Vice President’s salary:
• shall be fixed by law
• shall not be decreased during their tenure
• increase shall take effect after expiration of
the term of the incumbent who approved
increase (Sec. 6, Art. VII)
• Judiciary members’ salary shall not be
decreased during their stay in office (Sec. 10,
Art. VIII). BUT imposition of income taxes on
their salaries ≠ unconstitutional diminution
(Nitafan v Tan)
• Additional, double or indirect
compensation are PROHIBITED (Sec. 8, Art.
IX-B)
• Standardization of compensation (Sec. 5,
Art. IX-B)  enunciated in RA 6758 or Salary
Standardization Law.
4. Compensation ≠ element of public office
• ≠ indispensable
• ≠ part
• merely incident
• some public offices are served gratuitously.
5. Salary vs Wages vs Per Diems
Salary Wages Per Diem
Allowance for
Days Actually
Time-Bound Service-Bound
Spent for special
duties
6. Public Officer’s Salary ≠ Attachable
• The salary of a public officer or employee may
NOT be:
• seized by garnishment, attachment, or order of
execution before it is paid to him
• appropriated for paying his debts.
• Money in the hands of public officers, though
due to government employees, cannot be
garnished by these employees’ creditors. The
State cannot be sued without its consent.
(Director of Commerce and Industry v.
Concepcion)
7. Agreements Affecting Compensation  Void
• Invalid as against public policy
• It tends to pervert such compensation to a
purpose other than that for which it was
intended
• Interferes with the officer's free and unbiased
judgment in relation to the duties of his office.
(This is usually with reference to unperformed
services and the salary or fees attached
thereto.)
• Future or Unearned Salaries ≠ Assignable
• Salary or emoluments in public office ≠ proper
subjects of barter and sale. (22 R.C.L. 541)
8. Right to Recover Salary: De Jure Officer and
De Facto Officer
• The prevailing party in an election protest can
no longer recover the salary paid to the ousted
officer (a duly proclaimed elective official who
assumed office but is subsequently ousted).
• Reason. The latter acted as de facto officer
during his incumbency; he thus entitled to
compensation, emoluments and allowances
that were provided for the position (Rodriguez
v. Tan)
• Exception: If de facto officer committed
electoral fraud.
• A de jure officer can recover salary from:
• the Government when:
Θ it has received notice of adjudication
of the protest in favor of de jure officer and
Θ afterwards still continues to pay the
de facto officer.
• a De Facto Officer when:
Θ he receives notice of adjudication of
the title to the de jure officer and
Θ he still continues to exercise official
duties and receive salaries
emoluments.
• an Intruder / Usurper: Always.
• Liability for Impulsiveness. The mayor filed a
certificate of candidacy for congressman. Later
he withdrew and decided to reassume
mayoralty position, thus preventing the vice-
mayor from discharging mayoralty duties. The
mayor should reimburse the vice-mayor for the
salary he received upon reassuming mayoralty,
during which time the rightful occupant of the
mayoralty position is the vice-mayor. (Monroy
v. CA and del Rosario)
9. Additional or Double Compensation
Prohibited
Additional Double
There is only 1 position, There are 2 positions,
but the public officer is and with additional
getting additional functions and
compensation. emoluments for both
positions
• Pensions / gratuities ≠ additional, double, or
indirect compensation. (Sec. 8, Art. IX-B, 1987
Constitution)
• Bonus = additional remuneration
compensation. (Peralta v. Auditor General)
• An allowance for expenses incident to the
discharge of the duties of office ≠ increase of
salary, a prerequisite nor an emolument of
office. (Peralta v. Auditor-General)
10. Recovery of Salary during Period
Suspension
• If preventively suspended, salary
recoverable.
• EXCEPT if subsequently exonerated
recoverable.
• If removed BUT completely exonerated upon
appeal = recoverable.
• If reinstatement by an act of liberality
(≠exoneration) of the Court of Appeals ≠
recoverable.
• If removed BUT later penalty commuted (i.e. to
suspension / demotion) ≠ recoverable: he was
still found guilty, although the penalty was
reduced.
• If the suspension / removal  unjustified, =
recoverable.
C. Doctrine of Official Immunity
1. The Doctrine
• A public officer enjoys qualified (≠absolute)
immunity. The protection generally applies only
to activities:
• within the scope of office;
• done in good faith; and
• ≠ reckless, malicious or corrupt.
2. Purpose of the Doctrine
• Indirectly Protect the Sovereign by protecting
the public official in the performance of his
governmental function
• Result of extended immunity: promotion of
fearless and effective administration of the
government’s policies.
3. Presidential Immunity from Suit
• Applicable only during tenure.
• After tenure, cannot be invoked for civil
damages arising out of acts done during his
tenure (Estrada v Desierto, March 2, 2001)
D. Right to Preference in Promotion
and • Does not prevail over the appointing authority’s
discretion.
E. Right to Vacation and Sick Leave
• However Maleniza v COA held that elective
officials ≠ entitled to accrued vacation and sick
leave credits
• Reason. They have no official hours of work.
⇑ NOTE: However, this ruling may be considered
abandoned by Section 81 of the Local
Government Code stating that elective local
officials shall be entitled to the same leave
privileges as those enjoyed by appointive local
officials.
F. Right to Maternity Leave
G. Right to Retirement Pay
• Liberally construed in retiree’s favor. (Proferata
v Drilon)
• Basic Value of the retiring government official’s
terminal leave = HIGHEST monthly salary
(Belicena v Sec. of Finance)
or
H. Others
• Right to Reimbursement for expenses incurred
in the due performance of his duty. BUT a
public officer who uses a government vehicle is
not entitled to, nor can he charge, a
of transportation allowance (Domingo v COA, Oct.
7, 1998)
≠ • Right to Indemnity against any liability incurred
in the bona fide discharge of their duties.
=
• Right to Longevity Pay
• Right to Separation Pay
• Given to Civil Service employees who are
separated from the service only for reason of
reorganization (Sec. 16, Art XVIII).
• Right to additional allowances and benefits
under the Local Government Code. LGUs may
provide additional allowances and benefits to
national government officials stationed to their
municipality or city.
VIII. Liability of Public Officers
GENERAL RULE: Not for injuries sustained by
another as a consequence of official acts done:
• within the scope of his official authority
• in good faith.
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⇑ HOWEVER, Section 24 of the Local Government
Code holds officials liable for death or injury to
persons or damage to property.
EXCEPT: When law provides otherwise.
1. Bad Faith, Malice or
Negligence is clearly shown. (Sec. 38(1) Admin
Code)
2. Subordinate officer’s
or employee’s acts that are willful or negligent
acts which are contrary to law, morals, public
policy and good customs – even if subordinate
acted upon his superiors’ orders or instructions.
(Sec. 39, Admin Code)
3. Refusal or Neglect of
Duty. Any person suffering moral or material
loss because a public officer refuses or
neglects, without just cause, to perform his
official duty, may file an action for damages and
other relief against the public officer.
This is without prejudice to administrative
disciplinary action against the officer. (Art. 27,
Civil Code)
4. Liability of public
officer for violation of constitutional rights of
individuals. (Art. 32, Civil Code)
5. Liability of peace
officers who fail to respond or give assistance
to persons in danger of injury to life or property.
⇑ Note: The municipal corporation is subsidiarily
liable. (Art. 34, Civil Code)
6. Non-performance of
Duty. Any public officer who, without just cause,
neglects to perform a duty within a period fixed
by law or regulation, or within a reasonable
period if none is fixed, shall be liable for
damages to the private party concerned without
prejudice to other applicable penaties. (Sec.
38(2) Chapter 9, Book I, Administrative Code)
1. Threefold Liability Rule.
• The wrongful acts or omissions of a public
officer may give rise to civil, criminal and
administrative liability.
• An action can proceed independently of the
others.
• Dismissal or relief from the criminal
action/liability does not carry with it relief from
administrative liability
2. When a Public Officer if Subject to Civil
Liability
• The following must concur:
• The individual’s injury is established.
• The public officer violated (a right of) OR (a
duty he owes to) the individual.
• The officer acted:
Θ maliciously and in bad faith; and
Θ outside the scope of his / her authority
(ultra vires).
• A public officer’s mistakes committed in good
faith ≠ actionable.
• Illustration. (Phil. Racing Club v. Bonifacio)
Θ Facts. The members of the
Commission on Races cancelled a horse
race held by the Philippine Racing Club
due to a faulty start, but only after holders
of the winning tickets were able to claim
their prizes. Because of the Commission’s
tardy cancellation, the Club also had to
refund the losing ticket holders. The Club
sued the Commission for civil liability.
16
Θ Held. The Commissioners acted
outside the scope of their authority. They
are only empowered to supervise
(≠control) the conduct of races.
• Determining act’s inclusion in
scope of duties. It is sufficient that the
acts relate to matters under his
control or supervision as defined by
law, OR that the acts are more or less
connected to the officer’s department.
• For the acts’ validy, it is not
necessary that they be prescribed by
statute, or that they be specifically
directed or requested by a superior
officer.
Θ However, the Commissioners were
ABSOLVED from liability because they
acted “officially” in the honest belief that
they had such power.
3. Acts of Liability of a Ministerial Officer
• NONfeasance: neglect or refusal, without
sufficient excuse, to perform his legal duty.
• MISfeasance: failure to perform an official duty
carefully, skillfully and diligently.
• MALfeasance: acting, either through
ignorance, inattention or malice, without legal
right.
• GENERALLY, a ministerial officer’s Good Faith
and Absence of Malice are immaterial defenses
for nonfeasances or misfeasances.
• HOWEVER, good faith or honest mistake may
mitigate damages.
4. Superior Officer’s Liability for Subordinate’s
Acts
• GENERAL RULE: A superior public officer is
not civilly liable to 3rd persons whenever his
subordinates wrongfully act, omit or neglect to
perform his duty, or commit misfeasance.
Those in the chain of command are not subject
to suit on any theory of vicarious responsibility.
(Sec 38(3), Chap 9, Book I, Admin Code)
• EXCEPTIONS – when the superior:
• has actually authorized, by written order, the
specific act or misconduct complained of. (Sec
38(3), Chap 9, Book I, Admin Code)
• negligently or willfully hires or retains unfit or
improper persons;
• is charged with reviewing an appointee’s
qualifications and negligently or willfully fails to
require the appointee to conform with the
prescribed regulations
• is careless or negligent in overseeing his
subordinate’s conduct or the latter’s carrying
out of his business, furnish the latter
opportunity for default;
• directed, authorized or cooperated in the
wrong;
• is expressly liable as statute provides.
5. Liability of Subordinates
• NO personal liability for acts done:
• in good faith and
• under superior’s lawful orders
• LIABLE for willful or negligent acts that are
contrary to law, morals, public policy or good
customs, EVEN IF he acted under his
superior’s orders.
6. Liability on Contracts
• The public officer shall be personally liable
for contracts he entered into without or in
excess of his authority.
7. Liability for Tortuous Acts
• Public officers are not immune from suit arising
from their own tortuous conduct, even if such
conduct is committed in the course of their
employment.
• The public officer shall be personally liable IF
he acts beyond the scope of his authority, or
exceeds his lawfully-conferred powers.
• Reason. The unauthorized acts of government
officials are not acts of State, and so the public
officer may be held personally liable. (Shauf v
CA; Wylie v Rarang)
8. Criminal Liability still exists whether:
• The Public Official officially acted.
• The Public Official’s term expired after
committing misdemeanor in office.
• The Public Official is re-elected after incurring
criminal liability in his previous term of office.
IX. ADMINISTRATIVE DISCIPLINE
• Exclusive. The Supreme Court’s power of
administrative supervision over judges and
court personnel is exclusive. (Dolalas v.
Ombudsman-Mindanao)
• Separation of Powers. Investigation by the
Ombudsman undermines the independence of
the judiciary. (Dolalas v. Ombudsman-
Mindanao)
B. Over Non-Presidential Appointees
1. Grounds
• Sec. 46(a), Book V of the Administrative Code:
“No officer or employee in the Civil Service
shall be suspended or dismissed except for
cause as provided by law and after due
process.”
• Sec. 46(b) enumerates the grounds constituting
just cause.

A. Over Presidential Appointees
1. Disciplinary Authority Lies with
Appointing Authority
• CSC can only discipline non-presidential
appointees. (Olonan v. CSC)
• Read together Sections 47(1) and 48 of Book
V of the Administrative Code.
• Sec. 47(1) provides that “a complaint may be
filed directly with the CSC by a private citizen
against a government official or employee in
which case it may hear and decide the case.”
• Sec. 48 is entitled “Procedure in
Administrative Cases Against Non-Presidential
Appointees.”
• The very subject of Sec. 48 implicitly limits
the scope of the CSC’s jurisdiction in
administrative cases to non-presidential
appointees and makes the patent conclusion
that it is the President as appointing power who
has disciplinary authority over presidential
appointees.
2. Power to Appoint Implies the Power to
Remove; Exceptions:
• Justices of the Supreme Court (by
impeachment)
• Members of Constitutional Commissions (by
impeachment)
• Ombudsman (by impeachment)
• Judges of inferior courts (disciplinary or
removal power vested in the Supreme Court)
2. Jurisdiction
• File original complaints:
the • directly with the CSC or
• with the Secretaries and Heads of agencies
and instrumentalities, provinces, cities and
municipalities for officers and employees under
their jurisdiction.
Θ Their decision to impose a penalty of
suspension of at most 30 days OR a fine
of at most 30 days’ salary is FINAL.
Θ Decisions imposing other penalties
are APPEALABLE to the CSC:
• Such other penalties are:
♥ suspension for more than 30
days
♥ fine in an amount exceeding
30 days’ salary
♥ demotion in rank or salary
♥ transfer
♥ removal
♥ dismissal from office.
• Official has OPTION to initially
appeal to the department and finally
to the CSC.
• Execution pending appeal
available.
♥ Except when the penalty is
removal  executory only after
the Secretary confirms.
3. Procedure in Administrative Cases Against
Non-Presidential Appointees

• Sec. 6, Art. VIII of the Constitution exclusively • (Against whom) a subordinate officer or
vests the Supreme Court with administrative employee by the Secretary or head of office of
supervision over all courts and court personnel. equivalent rank, or head of local government, or
(Bonifacio Sans Maceda v. Vasquez) chiefs of agencies, or regional directors
• (How) upon sworn written complaint of any
Θ Where a criminal complaint against a other person.
judge or other employee arises from their 1. Complainant shall submit his:
administrative duties, the Ombudsman • sworn statements covering his
must defer action on said complaint and testimony and those of his witnesses and
refer the same to the SC who will • documentary evidence.
determine whether said judge or court
employee had acted within the scope of 2. If prima facie case:
their administrative duties. (Bonifacio Sans
Maceda v. Vasquez) •≠ exist  disciplining authority shall
dismiss the case.
Θ A judge who falsifies his Certificate of
Service is administratively liable to the SC •= exists  he shall notify the
for serious misconduct and inefficiency respondent of the charges against the
under Sec. 1, Rule 140 of the Rules of latter in writing.
Court and criminally liable to the State
under the Revised Penal Code for his 3. Respondent shall be allowed at least
felonious act. The Ombudsman’s referral seventy-two hours after receipt of the complaint
to the SC is for determining whether the to answer the charges:
Certificates falsified the true status of his • in writing
pending case load, as the SC had the • under oath
necessary records to make such a • together with supporting sworn
determination. (Bonifacio Sans Maceda v. statements and documents
Vasquez)

17
 • indicating whether or not he elects a
formal investigation should his answer be
found unsatisfactory.
4. If the answer = satisfactory  disciplining
authority shall dismiss.
5. If the disciplining authority cannot
judiciously decide the merits of the case on the
bases of the:
• Complainant’s allegations;
• Respondent’s answers; and
• Their supporting documents
 he shall conduct a formal investigation,
regardless of respondent’s preference not to
elect one.
6. Either party may avail of:
• a counsel’s services;
• subpoena to compel witnesses
attend;
• subpoena duces tecum to compel
production of documentary evidence in his
favor.
7. The disciplining authority shall decide
within 30 days from:
• termination of the investigation OR
• submission of investigator’s report 
should be submitted within 15 from the
conclusion of the investigation.
4. Appeal OR Petition for Reconsideration
• Appeal within 15 days from receipt of the
decision.
• Available only when respondent is found
guilty (≠exonerated) because:
Θ PD 807 does not contemplate a review
of decisions exonerating officers or
employees from administrative charges.
Θ “Party adversely affected by the
decision” in Section 39 of the Civil Service
Law refers to the government employee
against whom case was filed. (Mendez v.
Civil Service Commission)
• Seasonably file a petition for reconsideration.
• Exclusive grounds:
Θ Newly discovered evidence which
materially affects the rendered decision;
Θ The decision is unsupported by the
evidence on record; or
Θ Existence of error of law or
irregularities which prejudice respondent’s
interests.
• It is decided within 15 days from petition.
• Available only once.
5. Summary Proceedings
• Formal investigation ≠ necessary  respondent
may be immediately removed or dismissed
• Grounds for application:
• When the charge is serious AND the
evidence if guilt is strong;
• When the respondent is a recidivist or has
been repeatedly charged AND there is
reasonable ground to believe that he is guilty of
the present charge; and
• When the respondent is notoriously
undesirable.
6. Preventive Suspension
• (By Who on Whom) The proper disciplining
authority may preventively suspend any
subordinate officer or employee under his
authority
• (When) Pending an investigation
• (Grounds):
• dishonesty; or
• oppression or grave misconduct; or
• neglect in the performance of duty; or
• if there are reasons to believe that the
respondent is guilty of charges which would
warrant his removal from the service.
• (Maximum period)
• 90 days for national officials
• 60 days for local appointive and elective
officials
to Θ EXCEPT if the case is filed in the
Ombudsman  may impose a 6-months
preventive suspension.
• If the administrative case against a NON-
PRESIDENTIAL APPOINTEE under preventive
suspension is not finally decided by the
disciplining authority within the period of ninety
(90) days after suspension date, the
respondent shall be automatically reinstated in
the service.
7. Penalty
• Similar offenses can only be penalized once
regardless of its number.
• Only one penalty imposable for each case.
• If respondent is guilty of TWO OR MORE
charges or counts, the disciplining authority
shall impose the MOST SERIOUS charge or
count. The rest are aggravating circumstances.
(Sec. 17 of the Implementing Civil Service
Rules and Regulations)
• Imposable penalties:
• Removal from the service
• Demotion in rank
• Suspension for not more than one year
without pay
• Fine in an amount not exceeding six months’
salary
• or Reprimand. (Sec. 46(d), Book V, The
Administrative Code)
Θ A penalty. A reprimand, whether
given by the Civil Service Commission or
the head of department or agency, shall be
considered a penalty. (Sec. 15 of the
Implementing Civil Service Rules and
Regulations) and (Tobias v. Veloso)
Θ ≠ Warning. A warning or an
admonition shall not be considered a
penalty. (Sec. 15 of the Implementing Civil
Service Rules and Regulations)
act or fact of putting one on his
Warning
guard
gentle or friendly reproof or a mild
Admonition
rebuke
formal and public censure or
Reprimand
a severe reproof
• Removal of Administrative Penalties or
Disabilities
• Requisites:
Θ In meritorious cases AND
Θ upon recommendation of the CSC.
• Who Removes. The President may commute
or remove administrative penalties or
disabilities imposed upon officers or employees
• When. In disciplinary cases
18
 • Condition. Subject to the President’s terms
and conditions imposed in the interest of the
service.

C. Over Elective Officials

Elective Official Where to File Complaint

Administratively Sued
Provincial or city official Office of the President
Sangguniang
Municipal official
Panlalawigan
Sangguniang
Barangay official Panlungsod or
Sangguniang Bayan

19