Professional Documents
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1.3 Bronce - Public Officers
1.3 Bronce - Public Officers
Roentgen F. Bronce
A. General Principles
1
Public office is a public trust. (1st sentence, Sec. 1, Art. XI,
Constitution)1
a. Definitions
2
“officer” includes any government employee, agent or body
having authority to do the act or exercise that function. (Sec.
14, Introductory Provisions, Administrative Code of 1987)
b. Classifications
● Appointive
● Elective
3
Q : A was appointed to head a Commission created by the President through an
Executive Order. He did not receive salary for this position. In an investigation
by the Ombudsman against the alleged anomalous activities of the Commission,
A argued that he is not a public officer, because he did not receive any salary
from the Commission. Is A’s argument tenable?
A : No. Salary is a usual but not a necessary criterion for determining the
nature of the position. It is not conclusive. The salary is a mere incident and
forms no part of the office. Where a salary or fees is annexed, the office is
provided for it is a naked or honorary office, and is supposed to be accepted
merely for the public good. (Laurel)
4
1. By Appointment
● Definition
● Nature
2013 Bar
While Congress was in session, the President appointed eight acting Secretaries.
A group of Senators from the minority bloc questioned the validity of the
appointments in a petition before the Supreme Court on the ground that while
Congress is in session, no appointment that requires confirmation by the
Commission on Appointments, can be made without the latter's consent, and
that an undersecretary should instead be designated as Acting Secretary.
A: No, the Petition should not be granted. The power to appoint is essentially
executive in nature, and the legislature may not interfere with the exercise of
this power, except in those instances when the Constitution expressly allows
it to interfere. (Pimentel v. Ermita)
5
1. Permanent or Temporary
● Permanent- issued to one who meets all the requirements for the
position to which he is being appointed, including the appropriate
eligibility prescribed (Sec. 27[1], Book V, Administrative Code)
● Temporary—Issued to a person who meets all the requirements for
the position to which he is being appointed except the appropriate
civil service eligibility. Such temporary appointment shall not exceed
twelve months, but the appointee may be replaced sooner if a
qualified civil service eligible becomes available. (Sec. 27, Book V,
Administrative Code)
⮚ Permanent and temporary appointments are two distinct
acts of the appointing authority. (Province of Camarines Sur v. CA,
246 SCRA 281, 1995)
2. Regular or Ad Interim
● Constitutional Basis
The President shall have the power to make appointments during the
recess of the Congress, whether voluntary or compulsory, but such
appointments shall be effective only until disapproved by the
Commission on Appointments or until the next adjournment of the
Congress.(Sec. 16, Art. VII)
⮚ There are four (4) groups of officers whom the President shall
appoint under this provision. Appointments of officers under the
sentence shall require confirmation by the Commission on
Appointments. (Sarmiento v. Mison, G.R. 79974, 1987)
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● Distinctions between Regular and Ad Interim Appointments
● Illustrative Cases
⮚ An ad interim appointment is a permanent appointment. (PLM v.
IAC, 140 SCRA 22, 1985; Matibag v. Benipayo, G.R. No. 149036, 2002)
⮚ An interim appointment can no longer be withdrawn by the
President once the appointee has qualified into office. The fact that
it is subject to confirmation by the Commission on Appointments
does not alter its permanent character. (Matibag v. Benipayo, G.R.
No. 149036, 2002)
2016 Bar
While Congress was not in session, the President appointed Antero as Secretary
of the Department of Tourism (DOT), Benito as Commissioner of the Bureau of
7
Immigration (BI), Clodualdo as Chairman of the Civil Service Commission
(CSC), Dexter as Chairman of the Commission on Human Rights (CHR), and
Emmanuel as Philippine Ambassador to Cameroon. The following day, all the
appointees took their oath before the President, and commenced to perform the
functions of their respective offices.
[b] A civil society group, the Volunteers Against Misguided Politics (VAMP),
files suit, contesting the legality of the acts of the appointees and claiming that
the appointees should not have entered into the performance of the functions of
their respective offices, because their appointments had not yet been confirmed
by the Commission on Appointments. Is this claim of VAMP correct? Why or
why not?
2019 Bar
Atty. B questioned before the Supreme Court the exercise of official functions by
A, stating that his ad interim appointment is not a permanent appointment but a
temporary one pending confirmation by the Commission on Appointments, and
8
thus, prohibited under Article IX-C of the 1987 Constitution which states that
"[i]n no case shall any Member [of the COMELEC] be appointed or designated
in a temporary or acting capacity."
9
● Appointments in the civil service shall be made only according to
merit and fitness to be determined, as far as practicable, and except to
positions which are policy-determining, primarily confidential, or
highly technical, by competitive examination. (Sec. 2[2], Art. IX-B)
o Rule of construction: Merit and fitness is the standard for ALL
appointments in the civil service
o GR (General Rule): merit and fitness is determined by competitive
examination
o ER (Exception to the Rule): For policy-determining,
primarily confidential, highly technical positions.
2. Qualification
10
❖ Qualification of integrity is a continuing
requirement. (Republic v. Sereno, G.R. No. 237428,
2018)
2010 Bar
1. General Disqualifications
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a. Participation in immediately preceding election
● No candidate who has lost in any election shall, within one year
after such election, be appointed to any office in the Government
or any government-owned or controlled corporations or in any of
their subsidiaries. (Sec. 6, Art. IX-B, Constitution)
▪ ER: losing candidates in barangay elections (Sec. 94 [b], LGC)
12
● Two provisions on nepotism under our laws:
o Sec. 59, Book V, Administrative Code
o Sec. 79, Local Government Code (LGC)
● Illustrative cases
2010 Bar
13
Q: True or False.
2. Specific Disqualifications
a. Members of Congress
▪ Example:
Sen. A’s 2nd term as Senator is from 2013- 2019. During this
term, he authored the law that created Agency X. In 2018, he
resigned from the Senate, and was appointed by the President
to head Agency X. Is this a valid appointment? A: No. The
prohibition speaks of term, which in A’s case, was from
2013-2019. He was appointed in 2018.
14
▪ ERs: 1) President as head of NEDA (Sec. 9, Art. XII); 2) Vice
President as Member of the Cabinet (2nd pa., Sec. 3, Art. VII); 3)
Secretary of Justice as member of the Judicial and Bar Council
(Sec. 8 [1], Art. VIII)
15
No member of the armed forces in the active service shall, at any time,
be appointed or designated in any capacity to a civilian position in
the Government including government-owned or controlled
corporations or any of their subsidiaries. (Sec. 5[4], Art. XVI)
2013 Bar
Patricio was elected member of the House of Representatives in the May 2010
Elections. His opponent Jose questioned Patricio's victory before the House of
Representatives Electoral Tribunal and later with the Supreme Court.
(A) only as a member of the board of directors of any government owned and
controlled corporation
3. Inhibitions
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position to which another compensation is attached. (Santos v.
Court of Appeals, G.R. No. 139792, 2000)
f. Practice of Profession
17
● No Senator or Member of the House of Representatives may
personally appear as counsel before any court of justice or before
the Electoral Tribunals, or quasi-judicial and other administrative
bodies. (Sec. 14, Art. VI)
g. Participation in Business
18
● The President, Vice-President, the Members of the Cabinet, and
their deputies or assistants xxx shall not, during said tenure,
directly or indirectly xxx be financially interested in any contract
with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality
thereof, including government-owned or controlled corporations
or their subsidiaries. xxx (Sec. 13, Art. VII)
19
Public officials and employees shall not, directly or indirectly,
have any financial or material interest in any transaction
requiring the approval of their office. (Sec. 7, RA 6713)
i. Nepotism
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(d) Solicit or accept, directly or indirectly, any gift, gratuity,
favor, entertainment, loan or anything of monetary value from
any person in the course of their official duties or in connection
with any operation being regulated by, or any transaction which
may be affected by the functions of their office. (Sec. 7, RA 6713)
2015 Bar
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F. Powers and Duties of Public Officers
1. Powers
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a. Scope
b. Doctrine of Ratification
2. Duties
a. Kinds
● Duties to Individuals
23
⮚ The second class above referred to includes those who, while
they owe to the public the general duty of a proper
administration of their respective offices, yet become, by
reason of their employment by a particular individual to do
some act for him in an official capacity, under a special and
particular obligation to him as an individual. Ex: Sheriff or
constable in serving civil process for a private suitor, a
recorder of deeds in recording the deed or mortgage of an
individual, a clerk of court in entering up a private judgment,
a notary public in protesting negotiable paper. (Id.)
b. Performance
d. List of Duties
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● Owe allegiance to the Constitution and the State
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⮚ Minor or explainable errors in the SALN, which cannot be
related to an attempt to conceal illicit activities, should not
be punishable. (Iglesias v. Office of the Ombudsman, G.R. No.
180745, 2017)
● Divestment
● Observance of norms
● Other duties
2012 Bar
26
2010 Bar
B. False. The statement that a discretionary duty of a public officer can never be
delegated is false. It can be delegated if the delegation is authorized (Mechem, A
Treatise on the Law of Public Offices and Officers, p. 368).
Note: What is common with these suggested answers is that the delegation of the discretionary
duty is allowed only if authorized. The rule is still non-delegation, and therefore, the first
suggested answer is preferred as it states both the general rule and the exception, and is lifted
from jurisprudence.
1. Right to Office
27
To exercise the right, authority and duty which was invested on him by
law.
2. Security of Tenure
3. Self-Organization
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activities, including the right to strike in accordance with law.
They shall also participate in policy and decision-making
processes affecting their rights and benefits as may be provided by
law. (2nd pa. Sec. 3, Art XIII)
29
Pensions or gratuities shall not be considered as additional, double, or
indirect compensation. (2nd pa., Sec. 8, Art. IX-B)
Q: Members of the union staged pickets in front of their office during their
lunch breaks to air their grievances about the non-payment of their Collective
Negotiation Agreement incentives. They also sported t-shirts with inscriptions
on the grant of incentives during an office activity, and continued to wear the
same inside the premises of the office during the office hours. Do these acts
constitute prohibited mass actions?
30
o 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.
⮚ On criminal accountability
⮚ On administrative accountability
31
⮚ True, this Court has held in several cases that in the absence of
substantial evidence of gross negligence of the petitioner,
administrative liability could not be based on the principle
of command responsibility. (Montallana v. Office of the
Ombudsman, G.R. No. 179677, 2012)
Local government units and their officials are not exempt from
liability for death or injury to persons or damage to property. (Sec
24, LGC)
32
▪ Period to decide = ninety (90) days after the date of
suspension of the respondent who is not a presidential
appointee.
▪ If there is no decision, the respondent shall be automatically
reinstated in the service: Provided, That when the delay in the
disposition of the case is due to the fault, negligence or petition
of the respondent, the period of delay shall not be counted in
computing the period of suspension herein provided. (Sec. 52,
Book V, Administrative Code)
Not more than six (6) months, without pay, except when the
delay in the disposition of the case by the Office of the
Ombudsman is due to the fault, negligence or petition of the
respondent, in which case the period of such delay shall not be
counted in computing the period of suspension herein provided.
(Sec. 24, RA 6770)
● Illustrative cases
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indefinite preventive suspension because the indefiniteness
violates the constitutional guarantees under the due process
and equal protection clauses, as well as the right of public
officers and employees to security of tenure. (Baculi v. Office of
the President, G.R. Nos. 188681 & 201130, 2017)
But
34
becomes subsumed in the first. (Civil Service Commission v.
Cruz, G.R. No. 187858, 2011)
2011 Bar
35
X, an administrative officer in the Department of Justice, was charged with
grave misconduct and preventively suspended for 90 days pending
investigation. Based on the evidence, the Secretary of Justice found X guilty as
charged and dismissed him from the service. Pending appeal, X's dismissal was
executed. Subsequently, the Civil Service Commission (CSC) reversed the
Secretary’s decision and the reversal became final and executory. What is the
effect of X's exoneration?
(A) X is entitled to reinstatement and back salaries both during his 90-day
preventive suspension and his suspension pending appeal.
a. Reinstatement
b. Back Salaries
36
⮚ Modification of Campol: The award of full back wages in favor of an
illegally dismissed civil service employee who was subsequently
employed in another government agency certainly violates the
constitutional prohibitions against double office-holding and double
compensation in the civil service. (NPC Dama v. Dama, G.R. No. 156208,
November 21, 2017)
|||
Q: What is the entitlement of a public officer who has been illegally
dismissed, but has retired?
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I. Immunity of Public Officers
1. Nature of Immunity
The State may not be sued without its consent (Sec. 3, Art. XVI)
⮚ While the doctrine appears to prohibit only suits against the state
without its consent, it is also applicable to complaints filed against
officials of the state for acts allegedly performed by them in the
discharge of their duties. It must be noted, however, that the rule is
not so all-encompassing as to be applicable under all circumstances.
(Philippine Agila Satellite Inc. v. Trinidad-Lichauco, G.R. No. 142362,
2006)
2. When Inapplicable
⮚ All this is not to say that in no case may a public officer be sued as
such without the previous consent of the state. To be sure, there are a
number of well-recognized exceptions. It is clear that a public officer
may be sued as such to compel him to do an act required by law, as
where, say, a register of deeds refuses to record a deed of sale; or to
restrain a Cabinet member, for example, from enforcing a law claimed
to be unconstitutional; or to compel the national treasurer to pay
damages from an already appropriated assurance fund; or the
commissioner of internal revenue to refund tax over-payments from a
fund already available for the purpose; or, in general, to secure a
judgment that the officer impleaded may satisfy by himself without
38
the government itself having to do a positive act to assist him.
(Sanders v. Veridiano, G.R. No. L-46930, 1988)
A: No. Alter egos of the President are not immune from suit simply because
their acts are considered acts of the President if not repudiated. In fact,
the 1987 Constitution is replete with provisions on the constitutional
principles of accountability and good governance that should guide a public
servant. The rule is that unlawful acts of public officials are not acts of the
State and the officer who acts illegally is not acting as such but stands in the
same footing as any other trespasser.. (Sabio v. Sandiganbayan, G.R. Nos.
233853-54, 2019)
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J. Distinguish: De Facto and De Jure Officers
1. Definitions
b. De Facto: One who has the reputation of being the officer that he
assumes to be, and yet is not a good officer in point of law. (Torres v.
Ribo, G.R. No. L-2051, 1948). A de facto officer is one who derives his
appointment from one having colorable authority to appoint, if the
office is an appointive office, and whose appointment is valid on its
face. He may also be one who is in possession of an office, and is
discharging its duties under color of authority, by which is meant
authority derived from an appointment, however irregular or
informal, so that the incumbent is not a mere volunteer.(Funa)
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appointing body, or by reason of some defect or irregularity in
its exercise, such ineligibility, want of power or defect being
unknown to the public; and (d) under color of an election, or
appointment, by or pursuant to a public unconstitutional law,
before the same is adjudged to be such. (Luna)
c. Usurper
One who takes possession of the office without any color of right or
authority, either actual or apparent. (De Leon, citing AmJur)
2. Elements
a. De Jure
b. De Facto
i. A validly existing public office (a de jure office)
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ii.
Color of title to the office or general acquiescence by the public
iii.
Actual physical possession of the office in good faith
(Tuanda v. Sandigabayan, G.R. No. 110544 October 17, 1995)
3. Right to Compensation
4. Effects of Acts
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a. De Jure: Valid, subject to exceptions (such as when he is acting beyond
the scope of his authority)
b. De Facto: Valid as to the public until his title to the office is adjudged
insufficient (De Leon)
5. Liabilities
6. Distinctions
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Removal Cannot be Cannot be May be ousted both
ousted even in ousted directly and
a direct collaterally; collaterally
proceeding may be ousted
in a direct
proceeding
(quo warranto)
● Nature
● Standing
2
Distinguish quo warranto in elective office and quo warranto in appointive office. (2012 bar
exam)
44
determine whether he is constitutionally and legally authorized to
perform any act in, or exercise any function of the office to which
he lays claim. (Mendoza v. Allas, G.R. No. 131977, 1999)
● Prescription
45
Aside from the difference in their origin and nature, quo warranto and
impeachment may proceed independently of each other as these
remedies are distinct as to (1) jurisdiction (2) grounds, (3) applicable
rules pertaining to initiation, filing and dismissal, and (4) limitations.
Nevertheless, for the guidance of the bench and the bar, and to
obliviate confusion in the· future as to when quo warranto as a remedy
to oust an ineligible public official may be availed of, and in keeping
with the Court's function of harmonizing the laws and the rules with
the Constitution, the Court herein demarcates that an act or omission
committed prior to or at the time of appointment or election relating
to an official's qualifications to hold office as to render such
appointment or election invalid is properly the subject of a quo
warranto petition, provided that the requisites for the
commencement thereof are present. Contrariwise, acts or omissions,
even if it relates to the qualification of integrity, being a continuing
requirement but nonetheless committed during the incumbency of
a validly appointed and/or validly elected official, cannot be the
subject of a quo warranto proceeding, but of something else, which
may either be impeachment if the public official concerned is
impeachable, and the act or omission constitutes an impeachable
offense, or disciplinary, administrative or criminal action, if
otherwise. (Id.)
2010 Bar
2009 Bar
46
emoluments if he assumed his office in good faith and there is no de jure
officer claiming title to the office. (Arroyo v. Lee)
A: No. The action is in the nature of a protest that is decided in the first
instance by the head of the agency, subject to appeal to the CSC. Also, B does
not have standing to sue as he is not entitled to the position as a matter of
right. (see Mantala v. Salvador, G.R. No. 101646, 1992)
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K. Termination of Official Relations
2. Retirement
The Members of the Supreme Court and judges of lower courts shall
hold office during good behavior until they reach the age of seventy
years or become incapacitated to discharge the duties of their
office. (Sec. 11, Art. VIII)
3. Abolition of Office
4. Expiration of Term/Tenure
48
happens, the confidential employee is not "removed" or "dismissed"
from office; his term merely "expires" and the loss of trust and
confidence is the "just cause" provided by law that results in the
termination of employment. (Government of Camarines Norte v.
Gonzales, G.R. No. 185740, 2013)
5. Resignation
a. Requisites
49
corporations, shall be considered ipso facto resigned from his
office upon the filing of his certificate of candidacy. (Sec. 66, OEC);
(Quinto v. COMELEC, G.R. No. 189698 [MR], 2010)
6. Abandonment of Office
a. Definition
50
voluntary relinquishment through nonuser. Nonuser refers to a
neglect to use a privilege or a right. (Id.)
8. Criminal Conviction
51
4. The loss of all rights to retirement pay or other pension for any
office formerly held. (Sec. 30, RPC)
9. Recall
10. Impeachment
b. Grounds
c. Process
52
(2) A verified complaint for impeachment may be filed by any
Member of the House of Representatives or by any citizen upon
a resolution of endorsement by any Member thereof, which shall
be included in the Order of Business within ten session days, and
referred to the proper Committee within three session days
thereafter. The Committee, after hearing, and by a majority vote of
all its Members, shall submit its report to the House within sixty
session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by
the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall
be necessary either to affirm a favorable resolution with the
Articles of Impeachment of the Committee, or override its
contrary resolution. The vote of each Member shall be recorded.
(6) The Senate shall have the sole power to try and decide all cases
of impeachment. When sitting for that purpose, the Senators shall
be on oath or affirmation. When the President of the Philippines is
on trial, the Chief Justice of the Supreme Court shall preside, but
shall not vote. No person shall be convicted without the
concurrence of two-thirds of all the Members of the Senate.
53
impeachment complaint to the House Committee on Justice or,
by the filing by at least one-third of the members of
the House of Representatives with the Secretary General of
the House, the meaning of Section 3 (5) of Article XI becomes
clear. Once an impeachment complaint has been initiated,
another impeachment complaint may not be filed against the
same official within a one year period. (Francisco, Jr. v. House of
Representatives, G.R. Nos. 160261, 2003)
11. Removal Through Quo Warranto
● Grounds
⮚ Here, it was shown that Clave was previously found guilty by the
GSIS of simple neglect of duty. Applying Section 52 (B) of
the Revised Rules on Administrative Cases in the Civil Service, the
penalty of dismissal imposed by the GSIS and affirmed by the
CSC should instead be imposed on Clave. (Civil Service
Commission v. Clave, G.R. Nos. 194645 & 194665, 2012)
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knowingly use falsified copies of official issuances to justify
extortion, threaten to withhold benefits and services, deny
possession of official receipts to payors, profess undue influence
over their colleagues, and unabashedly exclaim that extortion and
bribery are standards in the government are guilty of grave
misconduct. She is to suffer the penalty of dismissal from service,
along with its accessory penalties of cancellation of eligibility,
forfeiture of retirement benefits, and perpetual disqualification
from employment in government. (Office of the Ombudsman v.
Regalado, G.R. Nos. 208481-82, 2018)
2019 Bar
2019 Bar
Q: Who are the impeachable officers under the 1987 Constitution? Briefly
explain the process of impeaching them thereunder.
A: Article XI Sec. 2 of the 1987 Constitution provides that the following are
impeachable officers: The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional Commissions, and the
Ombudsman.
55
L. Civil Service
1. Scope
a. Career Service
56
Career Executive Service Board, all of whom are appointed
by the President;
(4) Career officers, other than those in the Career Executive
Service, who are appointed by the President, such as the
Foreign Service Officers in the Department of Foreign
Affairs;
(5) Commissioned officers and enlisted men of the Armed
Forces which shall maintain a separate merit system;
(6) Personnel of government-owned or controlled
corporations, whether performing governmental or
proprietary functions, who do not fall under the non-career
service; and
(7) Permanent laborers, whether skilled, semi-skilled, or
unskilled. (Sec. 7, Book V, Administrative Code)
b. Non-Career Service
57
(2) Secretaries and other officials of Cabinet rank who hold
their positions at the pleasure of the President and their
personal or confidential staff(s);
(3) Chairman and members of commissions and boards
with fixed terms of office and their personal or confidential
staff;
(4) Contractual personnel or those whose employment in
the government is in accordance with a special contract to
undertake a specific work or job, requiring special or
technical skills not available in the employing agency, to be
accomplished within a specific period, which in no case
shall exceed one year, and performs or accomplishes the
specific work or job, under his own responsibility with a
minimum of direction and supervision from the hiring
agency; and
(5) Emergency and seasonal personnel. (Sec. 9, Book V,
Administrative Code)
58
rank as may be identified by the Career Executive Service
Board, all of whom are appointed by the President (Sec. 7(3),
Book V)
● Security of tenure
59
2. Appointments to the Civil Service
3. Personnel Actions
a. Promotion
60
person holding the position next in rank thereto "shall be
considered for promotion" (P.D. 807, Sec. 19 (3); E.O. 292, Bk. V,
Sec. 20 (3). In other words, one who is "next in rank" to a vacancy
is given preferential consideration for promotion to the vacant
position, but it does not necessarily follow that he alone and no
one else can be appointed. There is no vested right granted
the next in rank nor a ministerial duty imposed on the
appointing authority to promote the holder to the vacant
position. (Panis v. Civil Service Commission, G.R. No. 102948, 1994)
a. Transfer
b. Reinstatement
a. Reemployment
61
Names of persons who have been appointed permanently to positions
in the career service and who have been separated as a result of
reduction in force or reorganization, shall be entered in a list from
which selection for reemployment shall be made. (Sec. 26(5), Book V,
Administrative Code)
b. Detail
,
A detail is the movement of an employee from one agency to
another without the issuance of an appointment and shall be
allowed, only for a limited period in the case of employees
occupying professional, technical and scientific positions. If the
employee believes that there is no justification for the detail, he may
appeal his case to the Commission. Pending appeal, the decision to
detail the employee shall be executory unless otherwise ordered by
the Commission. (Sec. 26(6), Book V, Administrative Code)
c. Reassignment
d. Secondment
62
be on leave without pay in his mother agency for the duration of
his secondment. (Señeres v. Sabido IX, G.R. No. 172902, 2015)
e. Illegal actions
● Demotion
a. Composition
63
capacity for public administration, and must not have been
candidates for any elective position in the elections immediately
preceding their appointment. (Sec. 1[1], Art. IX-B)
c. Powers
Q: X’s started his career in Agency X in 1997. He rose through the ranks, and
received another promotional appointment in 2011. It was discovered later on
that his purported Bachelor’s degree (a requirement for the office) is fake. May
the CSC recall a previously approved appointment to civil service without
prior notice and hearing?
A: Yes. The CSC may recall an appointment for not meeting the
qualification standard. The recall or invalidation of an appointment does
not require a full-blown, trial-type proceeding. In approving or
disapproving an appointment, the CSC only examines the conformity of
the appointment with applicable provisions of law and whether the
appointee possesses all the minimum qualifications and none of the
disqualifications. Thus, in contrast to administrative disciplinary actions, a
recall does not require notice and hearing. (Civil Service Commission v. Cutao,
G.R. No. 225151, 2020)
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M. Accountability
1. Types of Accountability
⮚ The action that may result for each liability under the
"threefold liability rule" may proceed independently of one
another, as in fact, the quantum of evidence required in each case
is different. (Id.)
a. Administrative
● Prescription
65
⮚ The right of the government to exercise administrative
supervision over erring public officials is lost when they cease
their functions in office. Consequently, the government must
commence an administrative case while they are in office;
otherwise, the disciplining body would no longer have any
jurisdiction over them. The administrative case contemplated
under the threefold liability rule is one that goes into the
conduct of the public official and is intended to be
disciplinary. (Ramiscal)
● Effect of retirement
⮚ Retirement from the service during the pendency of an
administrative case does not render the case moot and
academic. (Office of the Ombudsman v. Dechavez, G.R. No.
176702, 2013)
● Effect of resignation
⮚ The resignation of a public servant does not preclude the
finding of administrative liability to which he or she shall
still be answerable. Cessation from office because
of resignation does not warrant the dismissal of the
administrative complaint filed while the respondent was still
in the service. (Villena-Lopez v. Lopez, A.M. No. P-15-3411,
2020)
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⮚ GR: Death of the respondent in an administrative case does not
preclude a finding of administrative liability. (Civil Service
Commission v. Juen, G.R. No. 200577, 2016)
❖ ER: Death of the respondent in an administrative case
precludes the finding of administrative liability when: a)
due process may be subverted; b) on equitable and
humanitarian reasons; and c) the penalty imposed would
render the proceedings useless. (Civil Service Commission v.
Juen, G.R. No. 200577, 2016)
▪ Nature
▪ Application
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public official be the same. In this case, the respondent was
re-elected as mayor by the same electorate that voted for him
when the violation was committed. (Office of the Ombudsman v.
Vergara, G.R. No. 216871, 2017)
▪ Abandonment
2019 Bar
Mayor X and his City Administrator, Y, are political buddies who assumed their
respective offices in 2010. Sometime in January 2012, Y proposed to Mayor X the
entry into a ₱5,000,000.00 loan agreement with ABC Foundation, a non-stock
and non-profit organization in which the two had a long-standing personal
involvement. The loan agreement was duly executed in the same year but was
never authorized and approved by the Sangguniang Panlungsod. It was further
found that the same constituted a fraudulent scheme to defraud the City
Government.
Meanwhile. Mayor X won another term during the May 2013 Elections and Y
continued on as his City Administrator. A year after, or in May 2014,
administrative charges for grave misconduct, serious dishonesty, and conduct
prejudicial to the best interest of the service were filed against them before the
Office of the Ombudsman. In defense, Mayor X argued that his subsequent
reelection in May 2013 absolved him from any administrative liability for any
alleged anomalous activity during his first term in office.
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liable. Citing the Supreme Court’s Decision in Carpio-Morales v. Court of
Appeals (G.R. Nos. 217126-27), which was initially promulgated on November
10, 2015, the Ombudsman rejected their defense of condonation. With the
motions for reconsideration of Mayor X and Y having been denied by the
Ombudsman on March 10, 2016, they elevated thee matter to the Court of
Appeals.
A: Yes, the Ombudsman erred in rejecting Mayor X’s defense. In Carpio, the
Court held that the abandonment of the condonation doctrine is prospective
in application. In this case, the administrative charge was based on X’s acts in
2012 prior to the promulgation of Carpio in 2016. (Carpio-Morales v. CA)
(b) How about Y? Can he validly invoke the condonation doctrine to absolve
him of the charge? Explain.
b. Criminal
c. Civil
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● Any public officer or employee, or any private individual, who
directly or indirectly obstructs, defeats, violates or in any
manner impedes or impairs any of the following rights and
liberties [constitutional rights] of another person shall be liable to
the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a
periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property without due
process of law;
(7) The right to a just compensation when private property
is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house, papers,
and effects against unreasonable searches and seizures;
(10) The liberty of abode and of changing the same;
(11) The privacy of communication and correspondence;
(12) The right to become a member of associations or
societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly to
petition the Government for redress of grievances;
(14) The right to be a free from involuntary servitude in any
form;
(15) The right of the accused against excessive bail;
(16) The right of the accused to be heard by himself and
counsel, to be informed of the nature and cause of the
accusation against him, to have a speedy and public trial, to
meet the witnesses face to face, and to have compulsory
process to secure the attendance of witness in his behalf;
(17) Freedom from being compelled to be a witness against
one's self, or from being forced to confess guilt, or from
being induced by a promise of immunity or reward to make
such confession, except when the person confessing
becomes a State witness;
(18) Freedom from excessive fines, or cruel and unusual
punishment, unless the same is imposed or inflicted in
accordance with a statute which has not been judicially
declared unconstitutional; and
(19) Freedom of access to the courts.
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In any of the cases referred to in this article, whether or not
the defendant's act or omission constitutes a criminal
offense, the aggrieved party has a right to commence an
entirely separate and distinct civil action for damages, and
for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be
instituted), and may be proved by a preponderance of
evidence.
The indemnity shall include moral damages. Exemplary
damages may also be adjudicated.
The responsibility herein set forth is not demandable from a
judge unless his act or omission constitutes a violation of
the Penal Code or other penal statute. (Sec. 32, Civil Code)
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a. Creation
c. Qualifications
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engaged in the practice of law in the Philippines. During their
tenure, they shall be subject to the same disqualifications and
prohibitions as provided for in Section 2 of Article IX-A of this
Constitution. (Sec. 8, Art. XI)
d. Appointment
e. Term
The Ombudsman and his Deputies shall serve for a term of seven
years without reappointment. They shall not be qualified to run for
any office in the election immediately succeeding their cessation from
office. (Sec. 11, Art. XI)
f. Rank
The Ombudsman and his Deputies shall have the rank of Chairman
and Members, respectively, of the Constitutional Commissions, and
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they shall receive the same salary, which shall not be decreased during
their term of office. (Sec. 10, Art. XI)
The Ombudsman and his Deputies, as The Ombudsman and his Deputies, as
protectors of the people, shall act protectors of the people, shall act
promptly on complaints filed in any form promptly on complaints filed in any form
or manner against public officials or or manner against officers or employees of
employees of the Government, or any the Government, or of any subdivision,
subdivision, agency or instrumentality agency or instrumentality thereof,
thereof, including government-owned or including government-owned or
controlled corporations, and shall, in controlled corporations, and enforce their
appropriate cases, notify the complainants administrative, civil and criminal liability
of the action taken and the result thereof. in every case where the evidence warrants
(Sec. 12, Art. XI) in order to promote efficient service by the
Government to the people. (Sec. 13)
The Office of the Ombudsman shall have The Office of the Ombudsman shall have
the following powers, functions, and the following powers, functions and
duties: (Sec. 13, Art. XI) duties: (Sec. 15)
(1) Investigate on its own, or on complaint (1) Investigate and prosecute on its own or
by any person, any act or omission of any on complaint by any person, any act or
public official, employee, office or agency, omission of any public officer or
when such act or omission appears to be employee, office or agency, when such act
illegal, unjust, improper, or inefficient. 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 Government, the investigation of such
cases;
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(2) Direct, upon complaint or at its own (2) Direct, upon complaint or at its own
instance, any public official or employee of instance, any officer or employee of the
the Government, or any subdivision, Government, or of any subdivision,
agency or instrumentality thereof, as well agency or instrumentality thereof, as well
as of any government-owned or controlled as any government-owned or controlled
corporation with original charter, to corporations with original charter, to
perform and expedite any act or duty perform and expedite any act or duty
required by law, or to stop, prevent, and required by law, or to stop, prevent, and
correct any abuse or impropriety in the correct any abuse or impropriety in the
performance of duties. performance of duties;
(3) Direct the officer concerned to take (3) Direct the officer concerned to take
appropriate action against a public official appropriate action against a public officer
or employee at fault, and recommend his or employee at fault or who neglect to
removal, suspension, demotion, fine, perform an act or discharge a duty
censure, or prosecution, and ensure required by law, and recommend his
compliance therewith. 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 (4) Direct the officer concerned, in any
appropriate case, and subject to such appropriate case, and subject to such
limitations as may be provided by law, to limitations as it may provide in its rules of
furnish it with copies of documents procedure, to furnish it with copies of
relating to contracts or transactions documents relating to contracts or
entered into by his office involving the transactions entered into by his office
disbursement or use of public funds or involving the disbursement or use of
properties, and report any irregularity to public funds or properties, and report any
the Commission on Audit for appropriate irregularity to the Commission on Audit
action. for appropriate action;
(5) Request any government agency for (5) Request any government agency for
assistance and information necessary in assistance and information necessary in
the discharge of its responsibilities, and to the discharge of its responsibilities, and to
examine, if necessary, pertinent records examine, if necessary, pertinent records
and documents. and documents;
(6) Publicize matters covered by its (6) Publicize matters covered by its
investigation when circumstances so investigation of the matters mentioned in
warrant and with due prudence. paragraphs (1), (2), (3) and (4) hereof,
when circumstances so warrant and with
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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, (7) Determine the causes of inefficiency,
red tape, mismanagement, fraud, and red tape, mismanagement, fraud, and
corruption in the Government and make corruption in the Government, and make
recommendations for their elimination recommendations for their elimination
and the observance of high standards of and the observance of high standards of
ethics and efficiency. ethics and efficiency;
(8) Promulgate its rules of procedure and (8) Administer oaths, issue subpoena and
exercise such other powers or perform subpoena duces tecum, and take
such functions or duties as may be testimony in any investigation or inquiry,
provided by law. including the power to examine and have
access to bank accounts and records;
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investigation. (Morales, Jr. v. Carpio-Morales, G.R. No. 208086,
2016)
⮚ Notwithstanding the term "recommend," [under Sec. 13 (3), Art.
XI of the Constitution], the said provision, construed together
with the pertinent provisions in Republic Act No. 6770, is not
only advisory in nature but is actually mandatory within the
bounds of law.|(Office of the Ombudsman v. Court of Appeals, G.R.
No. 160675, 2006)
2018 Bar
2017 Bar
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undergoing impeachment. (Article XI, Section 2 of the 1987 Philippine
Constitution)
2012 Bar
Judge Red is the Executive Judge of Green City. Red is known to have corrupt
tendencies and has a reputation widely known among practicing lawyers for
accepting bribes. Ombudsman Grey, wishing to "clean up" the government from
errant public officials, initiated an investigation on the alleged irregularities in
the performance of duties of Judge Red.
2009 Bar
2018 Bar
78
An investigation conducted by the Ombudsman against a Commissioner of
the Commission on Audit for serious misconduct.
3. The Sandiganbayan
a. Creation
b. Jurisdiction
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(c) Officials of the diplomatic service occupying the
position of consul and higher;
(d) Philippine army and air force colonels, naval
captains, and all officers of higher rank;
(e) Officers of the Philippine National Police while
occupying the position of provincial director and those
holding the rank of senior superintendent and higher;
(f) City and provincial prosecutors and their assistants,
and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;
(g) Presidents, directors or trustees, or managers of
government-owned or controlled corporations, state
universities or educational institutions or foundations.
(2) Members of Congress and officials thereof classified as
Grade ’27’ and higher under the Compensation and Position
Classification Act of 1989;
(3) Members of the judiciary without prejudice to the
provisions of the Constitution;
(4) Chairmen and members of the Constitutional
Commissions, without prejudice to the provisions of the
Constitution; and
(5) All other national and local officials classified as Grade
’27’ and higher under the Compensation and Position
Classification Act of 1989.
c. Illustrative cases
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prescinding from the fact that the latter is not being imposed on
petitioner for misbehavior as a Member of the House of
Representatives. Republic Act No. 3019 does not exclude from its
coverage the members of Congress and that, therefore,
the Sandiganbayan did not err in thus decreeing the assailed
preventive suspension order. (Defensor-Santiago v. Sandiganbayan,
G.R. No. 128055, 2001)
Q: Petitioner, a former Secretary of Justice (SG 31), was charged with violations
of RA 9165 or the Comprehensive Dangerous Drugs Act, which she allegedly
committed during her incumbency. Under the said law, the RTC has jurisdiction
over violations thereof. The Information was filed with the RTC. She argues that
based on the allegations, the Sandiganbayan has the jurisdiction to try and hear
the case against her, not the RTC. Is the Petitioner correct?
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N. Term Limits
1. Senators/Representatives
2. President/Vice President
Six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date
six years thereafter. The President shall not be eligible for any
reelection. No person who has succeeded as President and has served as
such for more than four years shall be qualified for election to the same
office at any time.
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No Vice-President shall serve for more than two consecutive terms.
Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of the service for the full
term for which he was elected. (Sec. 4, Art. VII)
4. Constitutional Commissions
● Seven years without reappointment. (Sec. 1[2], Art. IX-B; Sec. 1[2],
Art. IX-C; Sec. 1[2], Art. IX-D)
|||
⮚ The appointment of members of any of the three constitutional
commissions, after the expiration of the uneven terms of office of
the first set of commissioners, shall always be for a fixed term of
seven (7) years; an appointment for a lesser period is void and
unconstitutional. The appointing authority cannot validly
shorten the full term of seven (7) years in case of the expiration
of the term as this will result in the distortion of the rotational
system prescribed by the Constitution. Appointments to
vacancies resulting from certain causes (death, resignation,
disability or impeachment) shall only be for the unexpired
portion of the term of the predecessor, but such appointments
cannot be less than the unexpired portion as this will likewise
disrupt the staggering of terms laid down under Sec. 1 (2), Art.
IX (D). Members of the Commission, e.g., COA, COMELEC or
CSC, who were appointed for a full term of seven years and who
served the entire period, are barred from reappointment to any
position in the Commission. A commissioner who resigns after
serving in the Commission for less than seven years is eligible for
an appointment to the position of Chairman for the unexpired
portion of the term of the departing chairman. Such appointment
is not covered by the ban on reappointment, provided that the
aggregate period of the length of service as commissioner and
the unexpired period of the term of the predecessor will not
exceed seven (7) years and provided further that the vacancy in
the position of Chairman resulted from death, resignation,
disability or removal by impeachment. The Court clarifies that
"reappointment" found in Sec. 1 (2), Art. IX (D) means a
movement to one and the same office (Commissioner to
Commissioner or Chairman to Chairman). On the other hand,
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an appointment involving a movement to a different position
or office (Commissioner to Chairman) would constitute a new
appointment and, hence, not, in the strict legal sense, a
reappointment barred under the Constitution. (Funa v. Villar,
G.R. No. 192791, 2012)
5. Local elective officials
Except for barangay officials, three years and no such official shall
serve for more than three consecutive terms. Voluntary renunciation
of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which
he was elected. (Sec. 8, Art. X)
2019 Bar
Q: Atty. G ran for Governor of the Province of Pampanga, while his close friend,
Atty. M, ran for Mayor of the Municipality of Guagua, Pampanga. They both
won convincingly. Eventually, the losing candidates timely filed election
protests. The losing gubernatorial candidate, Mr. A, filed his protest before the
Regional Trial Court of Pampanga (RTC), whereas the losing mayoralty
candidate, Mr. B, filed his protest before the Municipal Trial Court of Guagua,
Pampanga (MTC).
What are the term limits for the positions of Atty. G and Atty. M?
A: Under Sec. 8, Art. XI of the Constitution, their term shall be for three years
and they could not serve for more than three consecutive terms. Voluntary
renunciation of the office shall not be considered as an interruption in the
continuity of their service for the full term for which they were respectively
elected.
2019 Bar
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his official functions in the COMELEC, such as attending en banc sessions,
hearing election protests, signing Resolutions, issuing Orders, and appearing
before Congress during budget hearings.
Atty. B questioned before the Supreme Court the exercise of official functions
by A, stating that his ad interim appointment is not a permanent appointment
but a temporary one pending confirmation by the Commission on
Appointments, and thus, prohibited under Article IX-C of the 1987
Constitution which states that "[i]n no case shall any Member [of the
COMELEC] be appointed or designated in a temporary or acting capacity."
THANK YOU!
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