Mode of Removal of a

Public Officer:
10. Conviction of a Crime
a. What constitutes conviction
b. Effects of pardon

11. Recall
a. Purpose and nature of the power of
recall
b. Effectivity of recall
c. Prohibition from resignation
d. Limitations on recall
. What constitutes conviction
a. The term conviction appearing in constitutional or
statutory provisions providing for the removal or
disqualification from public office of an officer who has
been convicted, means conviction in a trial court. It
contemplates a finding of guilt beyond reasonable doubt
followed by a judgment upholding and implementing such
finding.

b. A plea of guilty accepted by the court, together with a

sentence amounts to conviction calling for removal of the
officer or the discharge of the public employee.

c. Since civil, administrative and criminal cases against a

public officer are separate, distinct, and can prosper
independently from each other, lack or absence of proof
beyond reasonable doubt in a criminal case does not
mean the absence of other evidence which may be
 Effects of pardon
a. Pardon granted after conviction frees the
individual from all the penalties and / or legal
disabilities and restores him to all his civil rights
but does not restore the right to public office,
unless:
1. Expressly restored by the pardon;
2. Pardon is grounded on the persons
innocence.

b. Pardon does not ipso facto restore a

convicted felon to public office necessarily
relinquished or forfeited by reason of the
conviction although such pardon restores his
 c. The person pardoned may apply for
reappointment to the office which was
forfeited by reason of his conviction and
undergo the usual procedure required for a
new appointment.

d. Pardon does not extinguish the civil

liability of the grantee arising from the crime
of which he has been convicted.
11. Recall
- It is the procedure by which 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.

Purpose and nature of the power of recall

a. Effective speedy remedy for removal

b. Political in nature

c. Essentially the power of removal exercised

by the people themselves
 -The recall of an elective local official shall be effective
only upon the election and proclamation of a successor
who garners the highest number of votes during the
election on recall.

Prohibition from resignation

-The elective local official sought to be recalled shall
not be allowed to resign while the recall process is in
progress.

Limitations on recall
1.Any elective local official may be the subject of a
recall election only once during his term of office for loss
of confidence.

2. No recall shall be held within 1 year from the date of

the officials assumption of office or 1 year immediately
preceding a regular local election.