Filing case vs public official for

misconduct, negligence
By The Manila Times

August 5, 2014

Persida Acosta

Dear PAO,

I am an active member of a citizens’ organization in the province. We are

planning to file a case against our vice governor for misconduct and

negligence but we do not know what to do. How can we file a case against
him?
Chase

Dear Chase,

Our Constitution states that public office is a public trust, and mandates that

public officers and employees must, at all times, be accountable to the

people, serve them with utmost responsibility, integrity, loyalty and
efficiency; act with patriotism and justice and lead modest lives. The failure

of a public officer to abide by this exacting mandate may be used as a ground

for disciplinary sanction.

Section 60 of the Local Government Code of 1991 enumerates the grounds

for which an elective local official may be disciplined, suspended or removed

from office. These include dishonesty, oppression, misconduct in office,

gross negligence or dereliction of duty (Section 60 (c), Republic Act 7160).

Bear in mind, however, that the terms misconduct in office and gross
negligence have specific legal meanings in our jurisdiction.

Misconduct means “a transgression of some established and definite rule of

action, more particularly, unlawful behavior or gross negligence by the public

officer” (Samson vs. Restrivera, 646 SCRA 481). To constitute as a ground

for disciplinary action, the act(s) complained of must have a “direct relation

to and be connected with the performance of his official duties amounting

either to maladministration or wilful, intentional neglect or failure to

discharge the duties of the office” (GSIS vs. Mayordomo, 649 SCRA 667
citing Manuel vs. Calimag, Jr., 307 SCRA 657).
On the other hand, gross negligence refers to “negligence characterized by

the want of even slight care, acting or omitting to act in a situation where

there is a duty to act, not inadvertently but wilfully and intentionally, with a

conscious indifference to consequences insofar as other persons may be

affected. It is the omission of that care, which even inattentive and

thoughtless persons never fail to take on their own property. In cases

involving public officials, there is gross negligence when a breach of duty is

flagrant and palpable” (Golangco vs. Fung, 504 SCRA 321).

If the complaints against your vice governor measure up to misconduct in

office and gross negligence as set forth earlier, then you may file an

administrative case against him or her. The administrative case may be

initiated by filing a verified complaint with the Office of the President in

accordance with Section 61 of the Local Government Code. Alternatively,

the complaint may also be filed with the Office of the Ombudsman by virtue
of its disciplinary authority over all elective and appointive officials of the

government, and its subdivisions, instrumentalities and agencies pursuant to

Section 21 of Republic Act 6770 or the Ombudsman Law of 1989. To initiate

the complaint before the Office of the Ombudsman, the complainant(s) must

file written complaint under oath accompanied by affidavits of witnesses and

other pieces of evidence, and a Certificate of Non-Forum Shopping (Rule III,

Section 3, Rules of Procedure of the Office of the Ombudsman,
Administrative Order No. 7, Series of 1990).

Again, we find it necessary to mention that this opinion is solely based on the

facts you have narrated and our appreciation of the same. The opinion may
vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office.
Questions for Chief Acosta may be sent to dearpao@www.manilatimes.net