CJ Panganiban case kay like ni Atty.

Reinstatement, backwages, salary

Maximum 5 years
Not entitled to salary during the pendency of the case

Special and direct injury

Breach of duty

Types of defaults in ministerial duty

Nonfeasance
Malfeasance – abuses official acts
Misfeasance –

Civil Liability of Superior Officers of act of subordinates

GR: Not liable
Q. A public officer in a supervisory position with regard to acts or defaults of his
subordinates
A. GR: Not liable
XPN: (a) Where, being charged with the duty of employing or retaining his
subordinates, he negligently or wilfully employs or retains unfit or improper
persons; or
(b) Where, being charged with the duty to see that they are appointed or qualified
in a proper name, he negligently or wilfully fails to require them the due
conformity to the prescribed regulations; or
(c) Where he so carelessly or negligently oversees, conducts or carries on the
business of his office as to furnish the opportunity for the default; or
(d) A fortiori, where he has directed, authorized or cooperated in the wrong or
(e) Where liability is expressly provided in the statute
for the misconduct or negligence within the scope of the employment of those
employed by or under him voluntarily or privately, and paid by or responsible to
him
Q. Under the Administrative Code of 1987, a public officer shall be civilly liable for acts
done in the performance of his official duties
A. where there is a clear showing of bad faith, malice, or gross negligence, or for
neglect "to perform a duty within a period fixed by law or regulation or within a
reasonable period if none is fixed" or "for the wrongful acts, omissions of duty,
negligence or misfeasance of his subordinates" where "he has actually authorized by
written order the specific act or omission complained of.
Q. Pensions or gratuities
A. Are not considered under the Constitution as additional, double, or indirect
compensation.
EX: A retired public officer or employee who has been reappointed or elected to a
public office may continue to receive his pension or gratuities from the
government and his salary at the same time, unless it is otherwise provided by law

Participation in prohibited activity or mass action.

A. Refers to "any collective activity undertaken by government employees
either by themselves or through their employees' organizations, with the intent of
effecting work stoppage or service disruption in order to realize their demands or
force concessions, economic or otherwise, from their respective agencies or the
government."
Q. Allowed only if
A. 1) done outside of government office hours; and
2) so long as such would not result in disruption of work
Q. Liability
A. Administratively liable for the offense of conduct prejudicial to the best
interest of the service
Q. Mass leave of absences
A. Occur when "five or more employees of the same agency apply for leave
simultaneously or almost at the same time under circumstances evidencing
collusion or common design to participate in a prohibited mass action."
A. GR: Government agencies shall not approve or warrant
XPN: Anchored on health reasons,
Q. A petition for quo warranto and mandamus affecting titles to public office
A. Must be filed within one (1) year from the date the petitioner is ousted from his
position

Holding over after expiration of term.

Q. When a public officer is placed on hold-over status,
A. The term has expired or his services terminated but he should continue
holding his office until his successor is appointed or chosen and had qualified
(1) Where holding over provided by law
A. The office does not become vacant upon the expiration of the term if there
is then no successor elected and qualified to assume it, but the present incumbent
will hold office until his successor is elected and qualified, even though it be
beyond the term fixed by law
(2) Where holding over not provided by law
Q. Unless such holding over be expressly or impliedly prohibited
A. The incumbent may continue to hold until someone else is elected and
qualified to assume the office
(3) Where Constitution limits term.
Q. Where the Constitution does provided that he can continue in office after the
expiration of his official term until his successor is duly qualified,
A. Holding over is not permitted.
(4) Application of hold-over provision
A. Applies only where a fixed term is annexed to an office.
(5) Purpose of hold-over provision
A. to prevent a hiatus in the government pending the time when a successor
may be chosen and inducted into office,
for, in the absence of any provision to the contrary, public interest requires
that public offices should be filled at all times, without interruption
(6) Status of hold-over officer.
A. 1) a de jure officer if his holding over is authorized by law;
 2) otherwise, he is a de facto officer

Chapter Eight
TERMINATION OF OFFICIAL RELATIONS
A. Specifically

Legal Modes of termination of official relations.

A. (1) Expiration of the term or tenure of office; - Natural Causes
(2) Reaching the age limit (retirement);
(3) Death or permanent disability;
(4) Resignation; - Acts or Neglect of Officer
(5) Acceptance of an incompatible office;
(6) Abandonment of office;
(7) Prescription of right to office;
(8) Removal; - Acts of the Government or the People
(9) Impeachment;
(10) Abolition of office;
(11) Conviction of a crime; or
(12) Recall.
A. An elective official may be removed at any time during his
term by the vote of the people at an election called for such
purpose or at a general election
- Revolution

B. Natural Causes

By expiration of term of office.

 A. Unless the officer is authorized by law to hold over, his rights, duties and
authority as a public officer must ipso facto cease.
Q. Term
A. A fixed and definite time prescribed by law or the Constitution by which
an officer may hold an office
A. It does not apply to appointive offices held at the pleasure of the
appointing power

Removal and expiration of term distinguished.

Removal Expiration of term
to oust him from office before the expiration the incumbent is relieved by the appointing
of his term authority
where an appointment is for a definite and
renewable period, and it is not renewed

Term and tenure distinguished.

Term Tenure
the time during which the officer may claim represents the period during which the
to hold the office as of right, and fixes the incumbent actually holds the office.
interval after which the several incumbents
shall succeed one another
a fixed and definite period may be shorter than the term
Q. The tenure of officials holding primarily confidential positions
A. Ends upon loss of confidence, because their term of office lasts only as long as
confidence in them endures; and thus their cessation involves no removal
A. Such cessation entails no removal but an expiration of his term.

C. Acts or Neglect of Officer

By resignation
A. the formal renunciation or relinquishment of a public office
A. At any time
 A. Limitation should not be used either as an escape nor as an easy out to evade
administrative liability by court personnel facing administrative sanction
A. Results in the abdication of all present and future rights accorded to an
officer or employee and in the severance of all work-related ties between the
employer and the employee

Form of resignation.
(1) Where by law a resignation is required to be made in any particular form,
A. that form must be substantially complied with.
(2) Where no such form is prescribed, no particular mode is required,
A. but the resignation may be made by any method indicative of the purpose.
A. It need not be in writing, unless so required by law.
A. It may be oral or implied by conduct

What constitutes resignation. (Elements)

A. (1) an intention to relinquish a part of the term,
(2) accompanied by the act of relinquishment, and
(3) an acceptance by the proper authority
Q. A written resignation, delivered to the board or officer authorized to receive it and
fill the vacancy thereby created,
A. Prima facie, but not conclusive evidence of the intention to relinquish the
office.
Such resignation must be signed by the party tendering it
Q. By applying for and receiving retirement benefits,
A. Deemed to have irrevocably resigned from the government service
Q. Courtesy resignation
A. Cannot properly be interpreted as resignation in the legal sense
It manifests his submission to the will of the political authority and the
appointing power
To whom resignation tendered.
A. 1) To such person designated by statute
2) In the absence of a statutory direction, to the officer or body having authority to
appoint his successor or to call an election to fill the office

Necessity of acceptance of resignation.

(1) Abandonment unlawful before acceptance.
Q. Revised Penal Code, art. 238.
A. shall suffer the penalty of arresto mayor
(2) Resignation revocable before acceptance
Q. The acts of an officer before the official notification of acceptance of his
resignation
A. They are de facto

Form of acceptance
A. 1) By a formal declaration or
A. the tenure of the resigned officer ended upon such
acceptance
2) By the appointment of a successor

Withdrawal of resignation.
Q. May be withdrawn
A. 1) before its effective date
2) before it has been accepted, and
3) before the appointing power acts in reliance on the resignation
But NOT after acceptance.

Repudiation of resignation
 A. (1) A resignation is not effective although a successor has already been appointed
to take the place of the first incumbent if said resignation has been transmitted
without the officer's consent;
(2) The resignation of a public officer procured by fraud or by duress is voidable
and may be repudiated; and
(3) A resignation given as an alternative to have charges filed against the public
officer may be repudiated, for said resignation cannot be accepted as having been
given by the officer voluntarily and willingly

Effect of duress or fraud.

Q. To threaten to do what one has the legal right to do, or
To threaten to take any measure authorized by law and the circumstances of the
case.
A. Not duress

By acceptance of an incompatible or prohibited office

A. He who, while occupying one office, accepts another incompatible with
the first, ipso facto, absolutely vacates the first office.
Q. If the law or Constitution as an expression of public policy forbids the acceptance
by a public officer of any other office other than that which he holds
A. NOT a case of incompatibility but of legal or constitutional prohibition
A. The law or Constitution may allow the holding of another office resulting
in the forfeiture of the first office

When offices incompatible with each other

Q. Where is Incompatibility found?
A. 1) In the character of the offices and their relation to each other,
2) In the subordination of one to the other, and
3) In the nature of the functions and duties which attach to them
Q. Where incompatibility exists?
A. (1) There is conflict in such duties and functions, so that the performance of the
duties of one interferes with the performance of the duties of the other, as to
 render it improper from consideration of public policy for one person to retain
both; and
(2) One is subordinate to the other and is subject in some degree to its supervisory
power for obviously in such a situation where both positions are held by the same
person, the design that one acts as a check on the other would be frustrated; or
(3) The Constitution or the law itself, for reasons of public policy, declares the
incompatibility even though there is no inconsistency in the nature and functions
of the offices
Exceptions to rule on holding incompatible offices.
A. Acceptance of a second office incompatible with the first does NOT
vacate the latter.
(1) Where the officer cannot vacate the first office by his own act, upon the
principle that he will not be permitted to, thus, do indirectly what he could not do
directly, as where the law requires the approval of the provincial board before a
municipal official can resign.
(2) Where the first office is held under a different government from that which
conferred the second
(3) Where the officer is expressly authorized by law to accept another office; and
(4) Where the second office is temporary.

By abandonment of office
Q. Abandonment
A. Means the voluntary relinquishment of an office by the holder of all right,
title or claim thereto without valid or justifiable reason with the intention of not
reclaiming it, or terminating his possession and control thereof
A. By nonuser or acquiescence
Q. Indicated
A. 1) by the action of the incumbent in voluntarily surrendering it to another under a
mistaken belief that the latter has been elected as his rightful successor, or
2) by acquiescing in his own removal
A. A statute may declare that the mere filing of a certificate of candidacy for
a second office
 A. Result from the intentional and completed relinquishment of any claim to
the office.
Q. When an office is once abandoned,
A. The former incumbent cannot legally repossess it even by forcible
reoccupancy

When there is abandonment of office.

(1) Clear intention to abandon office.
Q. 2 essential elements of abandonment:
A. 1) An intention to abandon and
2) An overt or "external" act by which the intention is carried into effect.
(2) Acceptance of another office
A. Should spring from and be accompanied by deliberation and freedom of
choice, either to keep the old office or renounce it for another
(3) Concurrence of overt acts and intention
(4) Failure to discharge duties of office, or to claim or resume it
A. non-user or a neglect to use a right or privileged or to exercise an office.
(5) Acquiescence by the officer in his wrongful removal or discharge

Abandonment and resignation distinguished

A. They are both contradictory. An employee cannot both abandon and resign
an office
Q. Abandonment
A. May be considered as a specie of resignation.
Abandonment Resignation
a relinquishment through non-user a formal relinquishment

Both are voluntary acts

Both have the same effect, that is the former holder of an office can no longer legally
repossess or reclaim it
Q. Non-user
 A. Refers to a neglect to use a privilege or a right or to exercise an easement
or an office.
A, Must be with active or imputed intention on the part of the officer to
relinquish the office in order to constitute abandonment

By prescription of right to office

(1) Prescriptive period for filing petition for quo warranto
A. Should be commenced within one year after the cause of such ouster or
the right of the plaintiff to hold such office or position arose
(2) Rationale for the one-year period
(3) Non-application of prescriptive period
A. Exceptional circumstances attending, however, may justify the non-
application of the prescriptive period enunciated above in order to grant relief that
will serve the ends of justice

D. Acts of the Government or the People

Meaning of removal.
A. Entails the ouster of an incumbent before the expiration of his term.
A. It implies that the office exists after the ouster.
A. Another term used is dismissal.

What constitutes removal.

A. expressed or implied.
(1) Appointment of another officer
Q. Where an officer may be removed by a superior officer at the latter's pleasure, the
act of removal is accomplished
A. Merely by the appointment of another officer in his place, so far as the
officer himself is concerned,
but in order to render the removal effective in all cases, the incumbent
must be notified
(2) Unconsented Transfer to another office.
A. Equivalent to his illegal removal or separation from the first office
A. A transfer requires a prior appointment, and acceptance is indispensable to
complete an appointment
A. applies only to an officer who is appointed — not merely assigned to a
particular or station.
Q. A temporary transfer or assignment of personnel without the employee's prior
consent
A. GR: Permissible
XPN: When the transfer
1) is a preliminary step toward his removal, or
2) is a scheme
a) to lure him away from his permanent position, or
b) designed to indirectly terminate his service, or
c) force his resignation
(3) Demotion
A. Defined as the movement from one position to another involving the
issuance of an appointment with diminution in duties, responsibilities, status or
rank which may or may not involve reduction in salary
A. Equivalent to removal if no cause is shown for it when it is not a part of
any disciplinary action.
(4) Reassignment.
Q. An employee may be reassigned from one organizational unit to another in the
same department but such reassignment shall not involve a reduction in rank,
status or salary
Q. in good faith and in the interest of the service
A. Is permissible and valid even without the employee's prior consent.
(5) Constructive removal or dismissal.
A. 1) Where continued employment is rendered impossible, unreasonable or
unlikely, when there is demotion in rank or of pay.
 2) When an act of clear discrimination, insensibility or disdain by an employer (or
superior) becomes unbearable to the employee, leaving him with no option but to
forego his continued employment

Legislative regulation of removal.

(1) Where office created by statute
A. Congress may limit and restrict the power of removal as it deems best for
the public interest
(2) Where Constitution prescribes method of and cause for removal
A. Exclusive, which Congress cannot encroach on
A. However, the Constitution may, by direct terms, confer on Congress
general authority over the whole subject for the removal of public officers,
EXCEPT those liable to impeachment

Removal as incident of right of appointment

(1) Where term of office not fixed by law
A. The power to dismiss does not generally lie with other than the appointing
officer.
A, There is no removal involved but extinguishment of the right of an officer
to hold office by expiration of his term
(2) Where term of office fixed by law
A. In the absence of any provision for summary removal, an individual
appointed to a post for a fixed term may be removed prior to the term's expiration
only for cause.
(3) Where holding of position at pleasure of appointing power or subject to some supervening
event
A. may be removed at pleasure of the appointing power at any time without
notice or hearing
A. This is not removal in the strict sense but merely an expiration of the term

Exercise of the power of removal

(1) Absolute
 A. When it is vested in the unlimited discretion of the removing officer to be
exercised at such time and for such reasons as the latter may deem proper and
sufficient
(2) Conditional
A. When the time, the manner, or the reason (i.e., for cause) is placed beyond
the mere discretion of the removing officer

Power of removal of the President

Q. President’s power of removal is implied
A. (1) from his power to appoint;
(2) from the nature of the "executive power" exercised by the President, the power
to remove being executive in nature;
(3) from the President's duty to execute the laws;
(4) from the President's control of all departments, bureaus and offices; and
(5) from the provision that "no officer or employee in the Civil Service shall be
removed or suspended except for cause provided by law

Extent of the President’s power of removal.

With respect to (non-career) officers with or without cause
exercising purely executive functions whose
tenure is not fixed by law (i.e., members of
the Cabinet)

With respect to officers exercising quasi- only on grounds provided by law

legislative or quasi-judicial functions (e.g.,
members of the Securities and Exchange
Commission)

With respect to constitutional officers
removable only by means of impeachment,
and judges of lower courts,
With respect to civil service officers,
With respect to any officer or employee
holding temporary, provisional or acting
appointments,
With respect to officers holding public offices
created by law where it is provided that they
not subject to the removal power of the
President.
only for cause as provided by law
at his pleasure with or without cause.
No removal but a mere expiration of the terms
of office
 "shall hold office at the pleasure of the
President"
With respect to officers holding public offices only for cause if they belong to the civil
created by law which authorizes the President service
to remove officers at pleasure
With respect to those whose appointments co-terminous with that of the appointing
were made "on bases other than those of the authority or subject to his pleasure
usual test of merit and fitness utilized for the
career service,"
With respect to local elective officials

Civil service officers and employees entitled to security of tenure

Q. Security of tenure
A. An officer or employee in the civil service shall not be suspended or
dismissed except for cause as provided by law and only after due process is
accorded
(1) Ground for suspension or removal.
A. For cause provided by law
(2) Substantive aspect.
A. The cause must naturally have some relation to the character or fitness of
the officer or employee for the discharge of the functions of his office, or it may
be the expiration of the project for which employment was extended
Q. What the Constitution seeks to prevent
A. Is capricious exercise of the power to dismiss
(3) Procedural aspect.
A. Requires notice and opportunity to be heard before one is suspended or
dismissed
Q. Complaint against a civil service officer or employee
A. Must be in writing and subscribed and sworn to by the complainant

Termination of temporary appointments.

A. At pleasure of the appointing power, without notice, and regardless of
grounds or reasons
A. There is no removal, but merely an expiration of the term
(1) Appointee without requisite qualifications.
A. One appointed in an acting capacity in the absence of those eligible
(2) Former incumbent illegally removed or suspended
(3) Term of appointment for a definite period fixed by law

Grounds for disciplinary action under the Local Government Code.

Q. An elective local official may be disciplined, suspended, or removed from office
on any of the following grounds committed while in office:
A. (1) Disloyalty to the Republic of the Philippines;
(2) Culpable violation of the Constitution;
(3) Dishonesty, oppression, misconduct in office and neglect of duty;
(4) Commission of any offense involving moral turpitude or an offense
punishable by at least prision mayor,
(5) Abuse of authority; or
(6) Unauthorized absence for fifteen (15) consecutive working days except in the
case of members of the sangguniang panlalazvigan, sangguniang panglunsod,
sangguniang bayan, and sangguniang barangay; and
(7) Application for, or acquisition of, foreign citizenship or residence or the status
of an immigrant of another country; and
(8) Such other ground as may be provided in the Code and other laws.

Grounds for disciplinary action under the Civil Service Law.

A. (1) Dishonesty
(2) Oppression;
(3) Neglect of duty;
(4) Misconduct;
(5) Disgraceful and immoral conduct;
(6) Being notoriously undesirable;
(7) Discourtesy in the course of official duties;
(8) Inefficiency and incompetence in the performance of official duties;
 (9) Receiving for personal use a fee, gift or other valuable thing in the course of
official duties or in connection therewith when such fee, gift, or other valuable
thing is given by any person in the hope or expectation of receiving a favor or
better treatment than that accorded other persons, or committing acts punishable
under the anti-graft laws;
(10) Conviction of a crime involving moral turpitude;
(11) Improper or unauthorized solicitation of contribution from subordinate
employees and by teachers or school officials from school children;
(12) Violation of existing Civil Service Law and rules or reasonable office
regulations;
(13) Falsification of official documents;
(14) Frequent unauthorized absences or tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty during regular office hours;208 (15)
Habitual drunkenness; (16) Gambling prohibited by law; (17) Refusal to perform
official duty or render overtime service; (18) Disgraceful, immoral or dishonest
conduct prior to entering the service; (19) Physical or mental incapacity or
disability due to immoral or vicious habits; (20) Borrowing money by superior
officers from subordinates or lending by subordinates to superior officers; (21)
Lending money at usurious rates of interest;209 (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;211 (28) Lobbying for personal interest or gain in legislative halls and
offices without authority; (29) Promoting the sale of tickets in behalf of private
enterprises that are not intended for charitable or public welfare purposes and
even in the latter cases if there is no prior authority; and (30) Nepotism.

Misconduct in office.
A. A ground for disciplinary action
Q. Misconduct of a public officer or employee
A. "a transgression of some established and definite rule of action more
particularly, unlawful behavior or gross negligence by the public officer."
 It is improper and wrong conduct and implies wrongful intent and not
mere error of judgment; corrupt, or nspired by an intention to violate the law or a
persistent disregard of wellknown legal rules.
Q. Misconduct in office
A. "one that affects the officer's performance of his duties as an officer and
not only as affects his character as a private individual."
(1) Related to, and connected with, performance of official duties
Q. An offense is deemed to be committed in relation to the accused's office
A. 1) when the offense cannot exist without the office. Such office is a constitutive
element of the crime
2) when the offense charged is intimately connected with the office of the
offender and perpetrated while he was in the performance, though improper or
irregular, of his official functions
(2) Committed during a prior term.
Q. A public official must be removed before his term of office expires;
A. OTHERWISE he can no longer be removed if he is thereafter reelected for
another term. The case becomes moot and academic
Q. This rule has NO application
A. 1) to a criminal case pending against the re-elected public official
2) where the decision removing an elective official was served on him
before his re-election
(3) Need not necessarily be work-related or committed in the course of the performance of duty
(4) Proved by substantial evidence
(5) Conduct unbecoming of a police officer
Q. Section 42 of R.A. No. 6975 (Philippine National Police Act)

Nepotism.
(1) Situations covered.
Q. The Civil Service Decree230 prohibits all appointments (i.e., without making any
distinction between different kinds or types of appointments) in the national and
local governments or any branch or instrumentality thereof, including
government-owned or - controlled corporations, made in favor of a relative of the:
 A. (a) appointing authority;
(b) recommending authority;
(c) chief of the bureau or office; or
(d) person exercising immediate supervision over the appointee.
(2) Persons not covered.
A. (a) persons employed in a confidential capacity;
(b) teachers;
(c) physicians; and
(d) members of the Armed Forces of the Philippines
(3) Designation included in prohibition

Grounds for disciplinary action under the Code of Conduct and Ethical Standards

Administrative investigation of elective local officials.

(1) Form and filing of administrative complaints
(2) Notice of hearing
(a) Within seven (7) days after the administrative complaint is filed, the Office of the
President or sanggunian concerned, as the case may be, shall require the respondent to
submit his verified answer within fifteen (15) days from receipt thereof, and commence
the investigation of the case within ten (10) days after receipt of such answer of the
respondent
(3) Preventive suspension
(4) Salary of the respondent pending suspension
A. Shall receive no salary or compensation during such suspension; but, upon
subsequent exoneration and reinstatement, he shall be paid full salary or
compensation including such emoluments accruing during such suspension
(5) Rights of respondent.
(6) Form and notice of decision.
(7) Administrative appeals
(8) Execution pending appeal.
Disciplinary action against appointive local officials and employees.
(1) Administrative discipline
(2) Preventive suspension
(3) Administrative investigation.
(4) Disciplinary jurisdiction
(5) Execution pending appeal

Disciplinary jurisdiction of the Civil Service Commission.

(1) Scope
A. Over all employees of Government branches, subdivisions,
instrumentalities, and agencies, including government-owned or -controlled
corporations with original charters.
Q. CSC
A. The single arbiter of all controversies pertaining to civil service positions
in the government service, whether career or non-caree
(2) Appellate jurisdiction over administrative disciplinary cases
A. Involving the imposition of a penalty of suspension for more than thirty
(30) days, or fine in an amount exceeding thirty (30) days' salary, demotion in
rank or salary or transfer, removal or dismissal from office
(3) Jurisdiction of heads of departments, agencies and instrumentalities.
(4) Investigation by a regional director or similar official.
(5) Execution of decision pending appeal.
(6) Reconsideration of a final and executory decision not allowed
(7) Power to terminate employment; academic freedom of institutions of higher learning

Appeal by “party adversely affected by the decision.”

Withdrawal of complaint against respondent

(1) Criminal and administrative cases impressed with public interest
(2) People's faith and confidence in government involved
(3) Truth and justice, not choice of witnesses, must rule.

Cessation from office of respondent.

Procedure in administrative cases against non-Presidential appointees.

Q. Under Presidential Decree No. 807 (Civil Service Decree.) and Executive Order
No. 292 (Administrative Code of 1987.):

Merit System Protection Board.

Q. Presidential Decree No. 1409
(1) Powers and functions
(2) Appellate jurisdiction of the Civil Service Commission.

Preventive suspension.
(1) Kinds.
(2) Preventive suspension pending investigation
(3) Right to compensation where employee is exonerated.
(4) Preventive suspension pending appeal
(5) Suspension from office under Section 13 of R.A. No. 3019 (Anti-Graft and Corrupt Practices
Act.)
(6) Pre-condition for suspension
(7) Duration of suspension
(8) In the case of members of the Philippine National Police
(9) In the case of local elective officials
(10) In the case of presidential appointees and other elective officials
(11) Where suspension imposed by Ombudsman.
(12) Prior notice and hearing not required
(13) Members of Congress covered by R.A. No. 3019
Removal and suspension distinguished.
Removal Suspension
As to when the suspension of a public temporary or permanent
duration. officer is to continue until the disenfranchisement.
final disposition of a criminal
prosecution
As to nature Penalty Not a penalty
As to time of meted upon at the termination of imposed on a respondent during the
imposition. the investigation or the final investigation even before such charges
disposition of the case are heard,

By impeachment.
(1) Impeachable officials.
A. 1) The President,
2) the Vice-President,
3) the Members of the Supreme Court,
4) the Members of the Constitutional Commissions, and
5) the Ombudsman
Q. Grounds
A. On impeachment for, and conviction of,
1) culpable violation of the Constitution,
2) treason,
3) bribery,
4) graft and corruption,
5) other high crimes, or
6) betrayal of public trust.
Q. An impeachable officer who is a member of the BAR
A. He must first be impeached before he can be disbarred
(2) Power to initiate and to try impeachment cases.
Q. The House of Representatives
A. The sole power to initiate all cases of impeachment
 Q. The Senate
A. Sits as a court for the trial of impeachment cases

Meaning and purpose of impeachment.

Q. Impeachment
A. A method of national inquest into the conduct of public men
A. Primarily intended for the protection of the State
Q. The penalties attached to impeachment
A. They are merely incidental to the primary intention of protecting the
people as a body politic

Q. Powers and Duties of the Ombudsman

A. Article XI, Section 13 of the 1987 Constitution delineates the powers, functions
and duties of the Ombudsman as follows:
1) Investigate on its own, or on complaint by any person, any act or omission of any
public official, employee, office or agency, when such act or omission appears to be
illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the
Government, or any subdivision, agency or instrumentality thereof, as well as of any
government-owned or controlled corporation with original charter, to perform and
expedite any act or duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or
employee at fault, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations
as may be provided by law, to furnish it with copies of documents relating to contracts
and transactions entered into by his office involving the disbursement or use of public
funds or properties, to the Commission on Audit for appropriate and report any
irregularity action.

(5) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents.
 (6) Publicize matters covered by its investigation when circumstances so warrant and
with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption
in the Government and make recommendations for their elimination and the observance
of high standards of ethics and efficiency.

(8) Promulgate its rules and procedure and exercise such other powers or perform such
functions or duties as may be provided by law.
The enumeration of these powers is non-exclusive.  Congress enacted R.A.  No.  6770,
otherwise known as The Ombudsman Act of 1989, on November 17, 1989 giving the Office
such other powers that it may need to efficiently perform the task given by the Constitution, viz:
Section 15.  Powers, Functions and Duties.- The Office of the Ombudsman shall have the
following powers, functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act or
omission of any public officer or employee, office or agency, when such act or omission
appears to be illegal, unjust, improper or inefficient.  It has primary jurisdiction over
cases cognizable by the Sandiganbayan and, in the exercise of this primary jurisdiction, it
may take over, at any stage, from any investigatory agency of the Government, the
investigation of such cases;

(2) Direct, upon complaint or at its own instance, any officer or employee of the
Government, or of any subdivision, agency or instrumentality thereof, as well as any
government-owned or controlled corporations with original charter, to perform and
expedite any act or duty required by law, or to stop, prevent, and correct any abuse or
impropriety in the performance of duties;

(3) Direct the officer concerned to take appropriate action against a public officer or
employee at fault or who neglects to perform an act or discharge a duty required by law,
and recommend his removal, suspension, demotion, fine, censure, or prosecution, and
ensure compliance therewith; or enforce its disciplinary authority as provided in Section
21 of this Act; Provided, That the refusal by any officer without just cause to comply
with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute
an officer or employee who is at fault or who neglects to perform an act or discharge a
duty required by law shall be a ground for disciplinary action against said officer;

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations
as it may provide in its rules of procedure, to furnish it with copies of documents relating
to contracts or transactions entered into by his office involving the disbursement or use of
public funds or properties, and report any irregularity to the Commission on Audit for
appropriate action;

(5) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents;

(6) Publicize matters covered by is investigation of the matters mentioned in paragraphs

(1), (2), (3) and (4) hereof, when circumstances so warrant and with due
prudence: Provided, That the Ombudsman under its rules and regulations may determine
what cases may not be made public: Provided, further, That any publicity issued by the
Ombudsman shall be balanced, fair and true;

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud and corruption
in the Government, and make recommendations for their elimination and the observance
of high standards of ethics and efficiency;

(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in
any investigation or inquiry, including the power to examine and have access to bank
accounts and records;

(9) Punish for contempt in accordance with the Rules of Court and under the same
procedure and with the same penalties provided therein;

(10) Delegate to the Deputies, or its investigators or representatives such authority or

duty as shall ensure the effective exercise or performance of the powers, functions, and
duties herein or hereinafter provided;

(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or
unexplained wealth amassed after February 25, 1986 and the prosecution of the parties
involved therein.  x x x x