Accountabilities and Liabilities of Public Officers

General Concepts
"Public office is a public trust"
Liability may attach to public officers for improper discharge of their
duties.
This is the underlying principle for relaxation of due process
requirements in administrative proceedings. Hence, a public officer
may be held liable even without hearing his side if the evidence
available against him is sufficient.
[Office of the Court Administrator v. Judge Indar, A.M. No. RTJ-10-2232, April 10,
2012]
Administrative offenses are imprescriptible, and its objective is not
punishment of the public officers but the improvement of public
service and preservation of the public’s faith and confidence in the
government.
[Office of the Ombudsman v. de Sahagun, G.R. No. 167982, August 13, 2008]
Public officers are entitled to presumption of good faith in the
discharge of their official duties because public office is public trust.
[Mendiola v. People, G.R. No. 89983, March 6, 1992]
Kinds of duties
Owing to public in general – public officers cannot be held liable for
damages [damnum absque injuria – damage without injury]
E.g. The duty of the President to maintain peace and order;
Congress to enact laws; and the Judiciary to try criminals.
Owing to particular individuals – public officers can be held liable
for damages
E.g. A registrar of deeds refuses to annotate a mortgage on a
certificate of title without justifiable reason, and the property is
subsequently sold to a third person who is without knowledge
and cannot be bound to the mortgage. The injured mortgagee
can go after the registrar for damages.
Liabilities
Liability may attach to public officers for improper
discharge of their duties.
This is the underlying principle for relaxation of due
process requirements in administrative proceedings.
Hence, a public officer may be held liable even without
hearing his side if the evidence available against him is
sufficient.
[Office of the Court Administrator v. Judge Indar, A.M. No. RTJ-10-
2232, April 10, 2012]
Administrative offenses are imprescriptible, and its
objective is not punishment of the public officers but the
improvement of public service and preservation of the
public’s faith and confidence in the government.
[Office of the Ombudsman v. de Sahagun, G.R. No. 167982, August
13, 2008]
Public officers are entitled to presumption of good faith
in the discharge of their official duties because public
office is public trust.
[Mendiola v. People, G.R. No. 89983, March 6, 1992]

Three-fold liability

Public officers, and their criminal

and administrative liabilities
Definitions and concepts

Distinction of offenses

Geronimo, Go, C.O. Gonzales, G.D. Gonzales, Guevarra | Law on Public

Public employees (Career and Non-Career
Service), and their criminal and
administrative liabilities

Geronimo, Go, C.O. Gonzales, G.D. Gonzales, Guevarra | Law on Public