ADMIN LAW NOTES reinvigorating the spirit of national

unity and sense of

CHAPTER 1 THE ESSENTIALS
Public Office
Defined as the authority and duty
created and conferred by law which for a
given period by law, an individual is
invested with some portion of sovereign
functions of the government for the
benefit of general welfare.
 Not vested right nor absolute right
 Right to notice and hearing is not
essential to due process
 Suspension of an officer pending
trial is universally accepted as fair
 Transfer one unit to another
without the consent of the officer
is allowed provided it does not
affect the substantial change of
their rank, title and salary
 Public officers are serving until
age of 65 applies prospectively
only
CHARACTERISTICS OF PUBLIC
OFFICE
a. Delegation of sovereign
functions
a. Sovereign functions refer
to either legislative,
executive, or judicial
functions exercised for
public benefit either
directly or indirectly
accomplishment in every Filipino
 Promotion of continuing book
publishing industry development
through active participation of the
private sector
b. Creation by law
a. Legislature creates the
office, define its powers,
limits its duration, abolish
public offices and annexes
compensation.
b. Abolition of office- must
be done in good faith
Take note:
 president cannot create an office
under the guise of his continuing
authority.
 President is authorized to effect
organizational changes only
 Continuing authority-
reduction of personnel,
consolidation or abolition
of offices by reason of
economy or redundancy of
functions
 Creation of the fact
finding truth commission
– not one of the power
delegated by congress to
the President.

EXAMPLE
 Administration of state university c. Not by contract
in her capacity as student regent a. Civil service law does not
is a sovereign function cover contract for
 Implementation by an Ad Hoc consultancy services, as
body of programs and they are not considered

Page 1 of 5
 government services for f. Continuance of position
retirement purposes. a. Continuance or
permanency is not
 Consultant – indispensable
provides b. Completion of all activities
professional advice related to its purpose does
on matters within not make it less of a public
his special office
knowledge or
training.
 Contract of SCOPE OF DUTIES
service -refers to
engagement of GENERAL RULE: a public office is
services of an not personally liable to one injured in
individual, private or consequence of an act performed
public organization within scope his official authority.
as consultant or
technical expert to a. Done by an officer
undertake special b. They have more or less
project. connection with such matters
 Job order – refers c. They are governed by a lawful
to specific jobs that requirement
requires exigency in take note: no person can be validly
a short duration. appointed to an inexistent position, not
EXCEPTION (Not by contract) being in the state college plantilla.

1. Service contract with other Public Officer

private or public agencies and - as any person who, by direct
individuals for related to their
provision of law, popular election
functions
or appointment by competent
authority, takes in performance of
public functions in government.
d. Oath of office a. elective and appointive
a. Qualifying requirement for officials and employees
a public office and permanent or temporary
prerequisite to full b. military
investiture of the office c. police personnel

e. Payment of salary
a. Not essential element of Private individual as public officer
public office but merely
incidental to it.

Page 2 of 5
 - be held liable for graft and
corruption if charged for
conspiracy with a public
officer.
- Private sector representative
appointed to the National book
development board as she
performs sovereign function to
promote continuing development
of the book
CIVIL SERVICE POSITIONS
a. Career Service positions
1. Open career positions for
appointment that requires
examination
2. Closed career positions
that are scientific or highly
technical
3. Career officers who are
appointed by the President
4. Commissioned officers
and enlisted man of the
AFP
5. Personnel of GOCC who
do not fall under the non
career service
6. Permanent laborer
whether skilled, semi
skilled or unskilled.
SUBCLASSIFICATION
a. Permanent appointment
 Issued to a person
who meets all
requirements for the
position to which he
is being appointed
b. Temporary appointment
 In the absence of
appropriate eligible
individuals and when
Page 3 of 5
it becomes
necessary in the
public interest to fill a
vacancy
 Does not exceed 12
months of service
NON-CAREER SERVICE POSITIONS
CHARACTERISTICS
 Does not fall under career service
 Usual test of merit and fitness
utilized for career service
 Co-terminus with that of the
appointing authority
 Limited to duration of particular
project
 Excluded from the merit system
and it may be dismissed at
pleasure
 Does not apply that are policy
determining position and
primarily confidential position
POSITIONS OF NON-CAREER:
a. Elective officials and their
personal
b. Secretaries and official
cabinet rank who positions at
pleasure of the President
c. Chair and members of
commissions and boards with
fixed terms
d. Contractual personnel
e. Emergency and seasonal
personnel
POLICY DETERMINING POSITION
- It is one charged with duty to
formulate a method of action for
government or any its subdivision
PRIMARILY CONFIDENTIAL
POSITION
 - Does not have security of tenure - Means existing by right or
- Co-terminus with that of or at according to law
pleasure of appointing authority B. DE FACTO
- May be appointed or remain in - In point of fact
position beyond compulsory - Illegitimate but in effect
retirement age of 65. - Possesses an office who openly
exercises its functions under
PROXIMITY RULE
color of an appointment even
- Close proximity of positions of though such appointment may be
appointer and appointee as well irregular
as high degree of trust and - Entitled to be paid for actual
confidence inherent in their services rendered except where
relationship that allows there is a sitting de jure officer.
communication on the most
DE FACTO EXERCISE OF DUTIES
confidential matters
a. Unknown appointment or
EXAMPLE:
election
a. City legal counsel b. Under color of known or valid
b. City legal officer appointment or election who
c. Private secretary failed to conform to some
d. GSIS Auditor precedent requirement
e. Senior security guard c. under color of known election or
f. Office of the vice mayor appointment, void because the
g. Secretary of government corp. office was not eligible.
h. Board secretary of state college
ELEMENTS:
i. PNB Chief legal counsel
j. Confidential agent a. must be a de jure office
k. Secretary to the Mayor b. must be color of right or general
acquiescence by the public
HIGHLY TECHNICAL POSITION
e.g. (when appointed as vice
- It requires occupant to possess a executive judge, he has colorable
technical skill or training in the rights even if subsequently
supreme or superior degree. divested of the position by virtue
of a supervening legal
EXAMPLES: technicality)
a. Faculty and academic staff of c. must be actual physical
state college and university possession of office in good faith
b. Research institutions
KINDS OF PUBLIC OFFICERS C. USURPER
A. DE JURE - Intrudes upon the office and
assumes to exercise its functions

Page 4 of 5
 without either the legal title to - Express minimum requirements
such office for a class of positions in terms of
education, training, experience,
cs eligibility, physical fitness and
other qualities required for
successful performance
Qualifications usually required of
Civil service officials/employees
a. Citizenship
b. Age
c. Education
d. Civil service eligibility
CHAPTER II QUALIFICATIONS AND e. Right of suffrage (elective offices)
DISQUALIFICATIONS TO PUBLIC f. Residency (elective offices)
OFFICE
Eligibility Disqualifications to hold office
- refers to the state being legally a. Sentenced by final judgment for
entitled or qualified to hold public an offense involving moral
office turpitude or offense punishable
- Person is eligible to public office for 1 year or more
upon obtaining a passing grade in b. Removed from office as a result
CSC examination of administrative case
ELIGIBILITY and CIVIL Service c. Convicted by finality for violation
Examination of oath of allegiance to the
Republic
a. Civil service sub professional d. With dual citizenship
examination
- First level positions in the civil
service
b. Civil service professional
examination
- Second level positions in the civil
service
c. Career executive service
officers examination
- Third level positions as may be
prescribed by the career
executive service board
QUALIFICATION STANDARD

Page 5 of 5