Module 8

Module 8
General Principles Governing Public Officers

Overview

Dear Student,

How are you and your family? I hope everything is okay. Welcome to this Module in Public
Personnel Administration.

Module 8 covers 2 topics. The first topic deals on the nature of public office. The Second
is about the powers and liabilities of public officers.

I hope you enjoy reading and find the learning exercises fun and exciting.

Good luck!

Learning Outcomes

This module will help you –

• Nature of Public Office
• Powers and Liabilities of Public Officers and Employees

1. Nature of Public Office (Chapter 9, Book I of EO292)

SEC. 32. Nature of Public Office. — Public office is a public trust. Public officers
and employees must at all times be accountable to the people, serve them with the
utmost responsibility, integrity, loyalty and efficiency, act with patriotism and
justice, and lead modest lives.

Question: What is the nature of public office?

Answer: Public office is a public trust. This means public office or position in government
is not a property or a right. It is a privilege given to a person for him to serve the people.

Question: What is expected of a public/government official or employee?

Answer: All public officers and employees are required to:
a. Be accountable/responsible/ answerable to the people at all times.
b. Serve the people with utmost (highest form) of responsibility (due diligence),
integrity (being good even if no one is watching), loyalty (dependability) and
efficiency (doing the right thing the right way; output is greater than input).
c. Act with patriotism (devotion to one’s country, government, and people) and
justice (fairness; giving each his/her due).

Module 8 Public Personnel Administration First Semester, SY 2022-2023

 3

d. Lead modest lives (simple living).

Policy on Change of Citizenship

SEC. 33. Policy on Change of Citizenship. — Public officers and employees owe
the State and the Constitution allegiance at all times, and any public officer or
employee who seeks to change his citizenship or acquire the status of an
immigrant of another country during his tenure shall be dealt with by law.

Note: All government officials and employees must not change their Filipino citizenship
during their term of office. They are not also allowed to acquire the status of an immigrant
of another country during their term of office.

Declaration of Assets, Liabilities and Net Worth

SEC. 34. Declaration of Assets, Liabilities and Net Worth. — A public officer or
employee shall, upon assumption of office and as often thereafter as may be
required by law, submit a declaration under oath of his assets, liabilities, and net
worth.

Module 8 Public Personnel Administration First Semester, SY 2022-2023

 4

Question: When does a government official/employee file his/her Statement of Assets

Liabilities and Net worth (SALN)?
Answer: All government officials/employees shall file SALN:
a. Upon assumption to office;
b. Every end of the year while in government service; and
c. Upon leaving government service.

Ethics in Government
SEC. 35. Ethics in Government. — All public officers and employees shall be bound
by a Code of Ethics to be promulgated by the Civil Service Commission.

Note: The Code of Ethics is contained in Republic Act No. 6713, also known as “The
Code of Conduct and Ethical Standards for Government Officials and Employees”.

2. Powers, Inhibitions, and Liabilities of Public Officers

Inhibition Against Purchase of Property at Tax Sale

SEC. 36. Inhibition Against Purchase of Property at Tax Sale. — No officer or

employee of the government shall purchase directly or indirectly any property sold
by the government for the non-payment of any tax, fee or other public charge. Any
such purchase by an officer or employee shall be void.

Note: All government officials/employees are not allowed to buy a piece of property being
sold by the government for the non-payment of any tax (Example: Subasta).

Powers Incidental to Taking of Testimony

SEC. 37. Powers Incidental to Taking of Testimony. — When authority to take

testimony or receive evidence is conferred upon any administrative officer or any
non-judicial person, committee, or other body, such authority shall include the
power to administer oaths, summon witnesses, and require the production of
documents by a subpoena duces tecum.

Note: Subpoena duces tecum is an order issued by a judicial or quasi-judicial

body/authority for the recipient to produce and submit documents needed in a proceeding.
Subpoena ad testificandum, on the other hand, is an order for a person to appear as a
witness or resource person in a proceeding.

Module 8 Public Personnel Administration First Semester, SY 2022-2023

 5

Liability of Superior Officers

SEC. 38. Liability of Superior Officers. — (1) A public officer shall not be civilly
liable for acts done in the performance of his official duties, unless there is a clear
showing of bad faith, malice or gross negligence.

(2) 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 such
other liability as may be prescribed by law.

(3) A head of a department or a superior officer shall not be civilly liable for the
wrongful acts, omissions of duty, negligence, or misfeasance of his subordinates,
unless he has actually authorized by written order the specific act or misconduct
complained of.

Notes:
Liabilities of Superior Officers:
a. Civil liability for acts done in the performance of his official duties IF there is a clear
showing of:
- Bad faith
- Malice, or
- Gross negligence.
b. Liability for damages for negligence to perform, without just cause, a duty within
the prescribed/reasonable period.
c. Civil liability for wrongful acts, omissions of duty, negligence, or misfeasance of his
subordinates IF he has actually authorized by written order the specific act or
misconduct.

Civil liability “is a legal obligation that requires a party to pay for damages or to follow
other court-enforcements in a lawsuit. Different from criminal liability, which is often
brought by the state to redress a public wrong, civil liability is usually brought by a private
party to sue for damages or injunctions” (www.law.cornell.edu).

Liability of Subordinate Officers

SEC. 39. Liability of Subordinate Officers. — No subordinate officer or employee
shall be civilly liable for acts done by him in good faith in the performance of his
duties. However, he shall be liable for willful or negligent acts done by him which
are contrary to law, morals, public policy and good customs even if he acted under
orders or instructions of his superiors.

Note:
Liability of subordinate officers: Civil liability for willful or negligent acts done by him which
are contrary to law, morals, public policy and good customs even if he acted under orders
or instructions of his superiors.

Module 8 Public Personnel Administration First Semester, SY 2022-2023

 6

Liability of Appointing Authority

SEC. 65 (Chapter 10, Book V of EO 292). Liability of Appointing Authority. — No

person employed in the Civil Service in violation of the Civil Service Law and rules
shall be entitled to receive pay from the government; but the appointing authority
responsible for such unlawful employment shall be personally liable for the pay
that would have accrued had the employment been lawful, and the disbursing
officials shall make payment to the employee of such amount from the salary of the
officers so liable.

Notes:
a. If a person is employed in violation of the Civil Service Law and rules, such person
cannot claim salary from the government.
b. The appointing officer who made such unlawful employment is the one personally
liable to pay the salary of the person unlawfully employed.
c. The disbursing officer/s of the agency will pay the person (unlawfully employed)
from the salary of the appointing officer.

Liability of Disbursing Officers

SEC. 66 (Chapter 10, Book V of EO 292). Liability of Disbursing Officers. — Except

as may otherwise be provided by law, it shall be unlawful for a treasurer or other
fiscal officer to draw or retain from the salary due an officer or employee any
amount for contribution or payment of obligations other than those due the
government or its instrumentalities.

Note: A treasurer/disbursing officer is prohibited to deduct from the salary of a

government officer or employee, EXCEPT:
a. When authorized by law; and/or
b. For contributions or payments of obligations due to the government or its
instrumentalities (Ex., Philhealth, Pag-ibig, GSIS).

Penal Provision

SEC. 67 (Chapter 10, Book V of EO 292). Penal Provision. — Whoever makes any
appointment or employs any person in violation of any provision of this Title or the
rules made thereunder or whoever commits fraud, deceit or intentional
misrepresentation of material facts concerning other civil service matters, or
whoever violates, refuses or neglects to comply with any of such provisions or
rules, shall upon conviction be punished by a fine not exceeding one thousand
pesos or by imprisonment not exceeding six (6) months, or both such fine and
imprisonment in the discretion of the court.

This section is self-explanatory.

Module 8 Public Personnel Administration First Semester, SY 2022-2023

 7

Summary

1. Public office is a public trust. Public officers and employees must

at all times be accountable to the people, serve them with the
utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives.

2. Public officers and employees owe the State and the Constitution allegiance at all
times, and any public officer or employee who seeks to change his citizenship or
acquire the status of an immigrant of another country during his tenure shall be
dealt with by law.

3. A public officer or employee shall, upon assumption of office and as often

thereafter as may be required by law, submit a declaration under oath of his assets,
liabilities, and net worth.

4. A public officer shall not be civilly liable for acts done in the performance of his
official duties, unless there is a clear showing of bad faith, malice or gross
negligence.

5. 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 such
other liability as may be prescribed by law.
6. A head of a department or a superior officer shall not be civilly liable for the
wrongful acts, omissions of duty, negligence, or misfeasance of his subordinates,
unless he has actually authorized by written order the specific act or misconduct
complained of.
7. No subordinate officer or employee shall be civilly liable for acts done by him in
good faith in the performance of his duties. However, he shall be liable for willful
or negligent acts done by him which are contrary to law, morals, public policy and
good customs even if he acted under orders or instructions of his superiors.
8. No person employed in the Civil Service in violation of the Civil Service Law and
rules shall be entitled to receive pay from the government.

9. It is unlawful for a treasurer or other fiscal officer to draw or retain from the salary
due an officer or employee any amount for contribution or payment of obligations.

10. Whoever makes any appointment or employs any person in violation of any
provision of this Title or the rules made thereunder or whoever commits fraud,
deceit or intentional misrepresentation of material facts concerning other civil
service matters, or whoever violates, refuses or neglects to comply with any of
such provisions or rules, shall upon conviction be punished by a fine not exceeding
one thousand pesos or by imprisonment not exceeding six (6) months, or both
such fine and imprisonment in the discretion of the court.

Module 8 Public Personnel Administration First Semester, SY 2022-2023

 8

Learning Exercises

A. Short Answer
1. Expound on the following principles and give examples for each:
a. Public office is a public trust.
b. Accountability
c. Responsibility
d. Integrity
e. Loyalty
f. Efficiency
g. Patriotism
h. Justice

2. If you become a public officer or employee, how will you live a modest life? Give
examples.

Suggested Readings

Republic Act No. 6713 otherwise known as “The Code of Conduct and Ethical
Standards for Government Officials and Employees”

References

The Revised Administrative Code of 1987 on the Civil Service Commission,

Publications and Media Relations Division PUBLIC ASSISTANCE AND INFORMATION
OFFICE Constitution Hills, Batasang Pambansa Quezon City

Module 8 Public Personnel Administration First Semester, SY 2022-2023