LAW ON PUBLIC OFFICERS By Asst. Omb. Rodolfo M. Elman, CESO lll Ateneo de Davao Law School.

LAW ON PUBLIC LAW ON PUBLIC OFFICERSOFFICERS

ByBy

Asst. Omb. Rodolfo M. Elman, CESO Asst. Omb. Rodolfo M. Elman, CESO llllll

Ateneo de Davao Law SchoolAteneo de Davao Law School

Public OfficePublic Office

DefinitionDefinition Distinguished from contractDistinguished from contract Elements of a public officeElements of a public office Basic precept underlying public Basic precept underlying public

office: office:

Art. Xl, Sec. 1, 1987 ConstitutionArt. Xl, Sec. 1, 1987 Constitution Meaning of principleMeaning of principle

CasesCases Determining whether a position is a public Determining whether a position is a public

office or not (Laurel vs. Desierto, 381 office or not (Laurel vs. Desierto, 381 SCRA 48)SCRA 48)

Constitutionality of a law (RA 9335) Constitutionality of a law (RA 9335) providing for a system of rewards and providing for a system of rewards and incentives for BIR and BOC officials and incentives for BIR and BOC officials and employees (Abakada Guro Party List vs. employees (Abakada Guro Party List vs. Purisima, 562 SCRA 251)Purisima, 562 SCRA 251)

Membership in the market committee Membership in the market committee (Figueroa vs. People, 498 SCRA 298)(Figueroa vs. People, 498 SCRA 298)

Private sector membership in NBDB under Private sector membership in NBDB under RA 8047 (Javier vs. Sandiganbayan, 599 RA 8047 (Javier vs. Sandiganbayan, 599 SCRA 325)SCRA 325)

Classifying Public Officers of GOCCs Classifying Public Officers of GOCCs under RA 3019under RA 3019

PNCC Assistant Manager (Macalino vs. PNCC Assistant Manager (Macalino vs. Sandiganbayan, 376 SCRA 452)Sandiganbayan, 376 SCRA 452)

President and COO of Phil. Postal President and COO of Phil. Postal Savings Bank (People vs. Savings Bank (People vs. Sandiganbayan, 16 February 2005)Sandiganbayan, 16 February 2005)

Philhealth Manager (Geduspan vs. Philhealth Manager (Geduspan vs. People, 451 SCRA 187)People, 451 SCRA 187)

VPs and AVP of AFP RSBS (Alzaga vs. VPs and AVP of AFP RSBS (Alzaga vs. Sandiganbayan, 505 SCRA 849)Sandiganbayan, 505 SCRA 849)

`̀ Characteristics of Public OfficeCharacteristics of Public Office No express provision depriving No express provision depriving

incumbent of his office (Segovia vs. incumbent of his office (Segovia vs. Noel, 47 Phil. 543)Noel, 47 Phil. 543)

Public office not a property which Public office not a property which passes to heirs; exception (Abeja vs. passes to heirs; exception (Abeja vs. Tanada & Mayor Radovan, 236 SCRA Tanada & Mayor Radovan, 236 SCRA 62)62)

Election protest continues despite Election protest continues despite death of public officer; VM a real party death of public officer; VM a real party in interest (De Castro vs. Comelec & in interest (De Castro vs. Comelec & Jamilla, 267 SCRA 806)Jamilla, 267 SCRA 806)

Oath of OfficeOath of Office A qualifying requirement for public A qualifying requirement for public

office; a prerequisite to full investiture office; a prerequisite to full investiture w/ the office; right to enter into office w/ the office; right to enter into office becomes plenary and complete becomes plenary and complete (Mendoza vs. Laxina, Sr. 406 SCRA 156)(Mendoza vs. Laxina, Sr. 406 SCRA 156)

In taking oath, he binds to perform In taking oath, he binds to perform faithfully and act primarily for benefit of faithfully and act primarily for benefit of public (Ombudsman vs. Jurado, 561 public (Ombudsman vs. Jurado, 561 SCRA 137)SCRA 137)

General rule: Individual cannot be General rule: Individual cannot be forced to accept public officeforced to accept public office

Exceptions:Exceptions:

1.1. Sec. 4, Art. ll, 1987 ConstitutionSec. 4, Art. ll, 1987 Constitution

2.2. Art. 234, RPCArt. 234, RPC

3.3. Posse comitatusPosse comitatus

De Facto OfficerDe Facto Officer DefinitionDefinition Requisites Requisites Distinguish from a de jure officer and a Distinguish from a de jure officer and a

usurperusurper Can an officer de jure recover from the Can an officer de jure recover from the

government salary paid to de facto government salary paid to de facto officer?officer?

Can a de jure officer recover the salary Can a de jure officer recover the salary from the de facto officer? from the de facto officer?

CasesCases

Arimao vs. Taher, 498 SCRA 76Arimao vs. Taher, 498 SCRA 76 Menzon vs. Petilla, 197 SCRA 251Menzon vs. Petilla, 197 SCRA 251 Civil Liberties Union vs. Executive Civil Liberties Union vs. Executive

Secretary, 194 SCRA 317Secretary, 194 SCRA 317 Malaluan vs. Comelec, 254 SCRA 400 Malaluan vs. Comelec, 254 SCRA 400

(2000 BQ)(2000 BQ) Tarrosa vs. Singson, 232 SCRA 553Tarrosa vs. Singson, 232 SCRA 553 Mendoza vs. Allas, 302 SCRA 623Mendoza vs. Allas, 302 SCRA 623

CasesCases

Engano vs. CA, 493 SCRA 324Engano vs. CA, 493 SCRA 324 Gaminde vs. COA, 13 December Gaminde vs. COA, 13 December

20002000 National Amnesty Commission vs. National Amnesty Commission vs.

COA, 437 SCRA 670COA, 437 SCRA 670

Civil ServiceCivil Service

Art. lX-B, Sec. 2(3) Const.; Sec. 36, PD807; Art. lX-B, Sec. 2(3) Const.; Sec. 36, PD807; Sec. 46, EO 292 (1999 BQ)Sec. 46, EO 292 (1999 BQ)

Purpose of the civil service systemPurpose of the civil service system *Meram vs. Edralin, 154 SCRA 238)*Meram vs. Edralin, 154 SCRA 238) Scope: Art. lX-B, Sec. 2(1) Const.Scope: Art. lX-B, Sec. 2(1) Const. Civil Service Commission is the sole arbiter Civil Service Commission is the sole arbiter

of controversies relating to the civil of controversies relating to the civil service; exercises exclusive jurisdiction service; exercises exclusive jurisdiction over all cases involving personnel actions over all cases involving personnel actions xxxxxx

*Corsiga vs. Defensor, 391 SCRA 267*Corsiga vs. Defensor, 391 SCRA 267

Law on Administrative Jurisdiction Law on Administrative Jurisdiction vs. public school teachersvs. public school teachers

Sec. 9 of the Magna Carta for Public Sec. 9 of the Magna Carta for Public School Teachers (RA 4670)School Teachers (RA 4670)

Coverage of term “teacher”: all Coverage of term “teacher”: all persons engaged in classroom persons engaged in classroom teaching on full time basis including teaching on full time basis including guidance counselors, school librarians, guidance counselors, school librarians, industrial arts or vocational instructors industrial arts or vocational instructors and all other persons performing and all other persons performing supervisory or administrative functionssupervisory or administrative functions

Exclusions to the term “teacher”Exclusions to the term “teacher”

Public school teacher in the Public school teacher in the professional staff of state colleges or professional staff of state colleges or universitiesuniversities

School nurses, physicians, dentists School nurses, physicians, dentists and other school employees in the and other school employees in the category of medical and dental category of medical and dental personnelpersonnel

CasesCases

CSC does not have original administrative CSC does not have original administrative jurisdiction vs. a public school teacher jurisdiction vs. a public school teacher (Emin vs. De Leon, 378 SCRA 143)(Emin vs. De Leon, 378 SCRA 143)

Admin supervision over court employee Admin supervision over court employee belongs to S.C. whether offense was belongs to S.C. whether offense was committed before or after employment in committed before or after employment in judiciary, but estoppel applies (Ampong judiciary, but estoppel applies (Ampong vs. CSC, 563 SCRA 293)vs. CSC, 563 SCRA 293)

Jurisdiction not lost upon instance of Jurisdiction not lost upon instance of parties (Omb vs. Estandarte, 13 April parties (Omb vs. Estandarte, 13 April 2007)2007)

Higher Education Modernization Act Higher Education Modernization Act of 1997 (RA 8282)of 1997 (RA 8282)

Power of university’s Board of Regents Power of university’s Board of Regents under RA 8282 to discipline its officials under RA 8282 to discipline its officials and employees not exclusive but and employees not exclusive but concurrent with CSC.concurrent with CSC.

Academic freedom cannot be invoked Academic freedom cannot be invoked where there are allegations of CS law where there are allegations of CS law and rules violations (CSC vs. Sojor, 22 and rules violations (CSC vs. Sojor, 22 May 2008)May 2008)

GOCCs not covered by Civil Service LawGOCCs not covered by Civil Service Law a. PNOC-EDC vs. Leogardo, 175 SCRA 26a. PNOC-EDC vs. Leogardo, 175 SCRA 26 b. Bliss Development Corp. Employees Union b. Bliss Development Corp. Employees Union

vs. Calleja, 237 SCRA 271 (EO 180 not vs. Calleja, 237 SCRA 271 (EO 180 not applicable to BDC)applicable to BDC)

c. Lumanta vs. NLRC, 170 SCRA 79c. Lumanta vs. NLRC, 170 SCRA 79 re: Food Terminal Inc. (1999 BQ)re: Food Terminal Inc. (1999 BQ) d. PVBEU vs. PVB, 24 August 1990d. PVBEU vs. PVB, 24 August 1990 ~PVB not a GOCC although w/a Charter ~PVB not a GOCC although w/a Charter

under RA 3518under RA 3518 e. Macalino vs. Sandiganbayan, 376 SCRA e. Macalino vs. Sandiganbayan, 376 SCRA

452 re: Phil. National Construction Corp. 452 re: Phil. National Construction Corp.

GOCCs covered by Civil Service LawGOCCs covered by Civil Service Law a. BSP vs. NLRC, 22 April 1991a. BSP vs. NLRC, 22 April 1991 b. Baluyot vs. Holganza, 9 Feb 2000b. Baluyot vs. Holganza, 9 Feb 2000 *PNRC under RA 95*PNRC under RA 95 c. DFP vs. Mojica, 471 SCRA 776c. DFP vs. Mojica, 471 SCRA 776 *Duty Free Phil. under EO 46*Duty Free Phil. under EO 46 d. Alzaga vs. Sandiganbayan, 505 d. Alzaga vs. Sandiganbayan, 505

SCRA 848 SCRA 848 *AFP-RSBS under RA 9182 (Special *AFP-RSBS under RA 9182 (Special Purpose Vehicle Act of ’02)Purpose Vehicle Act of ’02)

PD 198 as amended PD 198 as amended by PD 1479 and RA 9286by PD 1479 and RA 9286

Local water districts subject to Civil Local water districts subject to Civil Service Law. Sec. 25 of PD 198 Service Law. Sec. 25 of PD 198 already removed by PD 1479 already removed by PD 1479 (Hagonoy Water District vs. NLRC, (Hagonoy Water District vs. NLRC, 165 SCRA 272)165 SCRA 272)

Local Sanggunian resolution, Local Sanggunian resolution, although necessary for final creation although necessary for final creation of WD, is not its charter (DCWD vs. of WD, is not its charter (DCWD vs. CSC, 201 SCRA 605)CSC, 201 SCRA 605)

Constitution mandates COA to audit Constitution mandates COA to audit GOCCs with original charter like GOCCs with original charter like water districts (De Jesus vs. COA, 403 water districts (De Jesus vs. COA, 403 SCRA 666).SCRA 666).

’’01 BQ: Effect of privatization of PNB 01 BQ: Effect of privatization of PNB on audit jurisdiction of COAon audit jurisdiction of COA

An employee of a GOCC, even if An employee of a GOCC, even if organized under the general law, organized under the general law, considered resigned upon filing considered resigned upon filing certificate of candidacy (PNOC-EDC vs. certificate of candidacy (PNOC-EDC vs. NLRC, 222 SCRA 831)NLRC, 222 SCRA 831)

Hiring and firing of employees of GOCCs Hiring and firing of employees of GOCCs with original charter governed by CS with original charter governed by CS lawlaw

*ZCWD vs. Buat, 232 SCRA 587*ZCWD vs. Buat, 232 SCRA 587 *DOH Dr. Rodriguez Hospital vs. *DOH Dr. Rodriguez Hospital vs.

NLRC, 251 SCRA 700) NLRC, 251 SCRA 700)

Civil Service Law applies to Philippine Civil Service Law applies to Philippine Postal Corp. as regards personnel matters, Postal Corp. as regards personnel matters, but its BoD is authorized under RA 7354 to but its BoD is authorized under RA 7354 to formulate its own compensation structure formulate its own compensation structure and position classification (Intia, Jr. vs. and position classification (Intia, Jr. vs. COA, 306 SCRA 610)COA, 306 SCRA 610)

DBM has sole power/discretion to DBM has sole power/discretion to administer CPCS of national gov’tadminister CPCS of national gov’t

Compensation and benefits received by Compensation and benefits received by PRA officials w/o DBM approval are PRA officials w/o DBM approval are unauthorized and irregular (PRA vs. unauthorized and irregular (PRA vs. Bunag, 397 SCRA 27)Bunag, 397 SCRA 27)

Abolition of Career Executive Service Abolition of Career Executive Service Board (CESB) by CSC is an ultra vires act Board (CESB) by CSC is an ultra vires act (Eugenio vs. CSC, 31 March 1995)(Eugenio vs. CSC, 31 March 1995)

Abolition of Merit System and Protection Abolition of Merit System and Protection Board (MSPB as created under PD 1409) Board (MSPB as created under PD 1409) by CSC is valid; CSC authority under Sec. by CSC is valid; CSC authority under Sec. 17, Book V, EO 292 (Rubenicia vs. CSC, 31 17, Book V, EO 292 (Rubenicia vs. CSC, 31 May 1995)May 1995)

CSC could rule on administrative decisions CSC could rule on administrative decisions on appeal before MSPB (Fernando vs. Sto. on appeal before MSPB (Fernando vs. Sto. Tomas, 234 SCRATomas, 234 SCRA 548) 548)

Classification of Civil ServiceClassification of Civil Service

I.I. Under PD 807 and EO 292Under PD 807 and EO 292

a. Career servicea. Career service

b. Non-career serviceb. Non-career service

al.al. Under Art. lX-B, Sec. 2(2), 1987 Under Art. lX-B, Sec. 2(2), 1987 ConstitutionConstitution

a. Competitive positionsa. Competitive positions

b. Non-competitive positionsb. Non-competitive positions

Career ServiceCareer Service

What characterizes the career service? What characterizes the career service? (’99 BQ)(’99 BQ)

What is included in the career service? What is included in the career service? (’99 BQ)(’99 BQ)

1. Open career1. Open career 2. Closed Career2. Closed Career 3. Positions in CES3. Positions in CES 4. Career officers other than CES4. Career officers other than CES 5. Commissioned officers/enlisted men in 5. Commissioned officers/enlisted men in

AFPAFP 6. Personnel of GOCC6. Personnel of GOCC Importance of security of tenureImportance of security of tenure

Three major levels/classes of positions Three major levels/classes of positions in the Career Servicein the Career Service

1) First level includes clerical, trades, 1) First level includes clerical, trades, crafts and custodial services positionscrafts and custodial services positions

2) Second level includes professional, 2) Second level includes professional, technical and scientific positionstechnical and scientific positions

3) Third level covers positions in the 3) Third level covers positions in the Career Executive ServiceCareer Executive Service

Qualification in an appropriate exam is Qualification in an appropriate exam is required for appointment to positions in the required for appointment to positions in the first and second levels in the career service; first and second levels in the career service; provided that whenever there is a civil provided that whenever there is a civil service eligible actually available for service eligible actually available for appointment, no person who is not an appointment, no person who is not an eligible shall be appointed even in a eligible shall be appointed even in a temporary capacity xxxtemporary capacity xxx

Exceptions: when immediate filling of Exceptions: when immediate filling of vacancy is urgently required … or when vacancy is urgently required … or when vacancy is not permanent …vacancy is not permanent …

Cases on Career ServiceCases on Career Service

Palmera vs. CSC, 235 SCRA 87Palmera vs. CSC, 235 SCRA 87

Astraquillo vs. Manglapus & Melchor Astraquillo vs. Manglapus & Melchor vs. Saez, 190 SCRA 281vs. Saez, 190 SCRA 281

Pagcor vs. Salas, 274 SCRA 414Pagcor vs. Salas, 274 SCRA 414

Non-Career ServiceNon-Career Service What characterizes the non-career service?What characterizes the non-career service? What is included in the non-career service?What is included in the non-career service? 1. Elective officials and their personal or 1. Elective officials and their personal or

confidential staffconfidential staff 2. Department heads and other officials of 2. Department heads and other officials of

Cabinet rank xxxCabinet rank xxx 3. Chairman and members of commissions 3. Chairman and members of commissions

and boards with fixed terms of office and and boards with fixed terms of office and their personal or confidential stafftheir personal or confidential staff

4. Contractual personnel4. Contractual personnel 5. Emergency and casual personnel5. Emergency and casual personnel

Cases on non-career serviceCases on non-career service A non-career service employee is A non-career service employee is

protected from removal without just protected from removal without just cause (Jocom vs. Regalado, 201 SCRA cause (Jocom vs. Regalado, 201 SCRA 73)73)

Chair of the Commission on Filipino Chair of the Commission on Filipino Language is a non-career official whose Language is a non-career official whose tenure of 7 years is fixed by RA 7104; tenure of 7 years is fixed by RA 7104; her removal is not at pleasure of her removal is not at pleasure of appointing authority (Office of President appointing authority (Office of President vs. Buenaobra, 501 SCRA 303)vs. Buenaobra, 501 SCRA 303)

Art. lX-B, Sec. 2 (2)Art. lX-B, Sec. 2 (2)

Competitive positions: appointments made Competitive positions: appointments made according to merit and fitnessaccording to merit and fitness

Non-competitive positionsNon-competitive positions

1. Primarily confidential1. Primarily confidential

2. Policy determining2. Policy determining

3. Highly technical3. Highly technical Executive has power to declare Executive has power to declare

classification of non-competitive position classification of non-competitive position (Sec. 12, Bk. V, EO 292) (Sec. 12, Bk. V, EO 292)

Term of office vs. Tenure of Term of office vs. Tenure of IncumbentIncumbent

Term – the time during w/c officer may Term – the time during w/c officer may claim to hold office as of right and fixes claim to hold office as of right and fixes the interval after w/c the incumbents shall the interval after w/c the incumbents shall succeed one another.succeed one another.

Tenure – the term during which the Tenure – the term during which the incumbent actually holds office.incumbent actually holds office.

Importance of distinction: Constitutional Importance of distinction: Constitutional principle of non-removal without due principle of non-removal without due process of law would be negated if process of law would be negated if Congress could legally make tenure of Congress could legally make tenure of officials dependent on pleasure of the officials dependent on pleasure of the President.President.

CasesCases Term of office Chair & Members of CHR under EO Term of office Chair & Members of CHR under EO

163 to comply with Sec. 17(2), Art. Xlll (Bautista 163 to comply with Sec. 17(2), Art. Xlll (Bautista vs. Salonga, 172 SCRA 164)vs. Salonga, 172 SCRA 164)

Members of HRET have security of tenure; Members of HRET have security of tenure; disloyalty to party not a valid ground for disloyalty to party not a valid ground for expulsion (Bondoc vs. Pineda, 201 SCRA 792)expulsion (Bondoc vs. Pineda, 201 SCRA 792)

Requisites for effective operation of rotational Requisites for effective operation of rotational scheme for Constitutional Commissioners scheme for Constitutional Commissioners (Republic vs. Imperial, 96 Phil. 770; ’99BQ; (Republic vs. Imperial, 96 Phil. 770; ’99BQ; ’10BQ)’10BQ)

Start and end of 7-year term of office of CSC Start and end of 7-year term of office of CSC Commissioner (Gaminde vs. COA, 13 Dec. 2000)Commissioner (Gaminde vs. COA, 13 Dec. 2000)

Primarily Confidential PositionsPrimarily Confidential Positions

Rule: Tenure of officials holding primarily Rule: Tenure of officials holding primarily confidential positions ends upon loss of confidential positions ends upon loss of confidence xxx cessation not a removal confidence xxx cessation not a removal but expiration of term.but expiration of term.

City Legal Officer (Cadiente vs. Santos, City Legal Officer (Cadiente vs. Santos, 142 SCRA 280)142 SCRA 280)

Prov’l Attorney (Grino vs. CSC, 26 Feb. Prov’l Attorney (Grino vs. CSC, 26 Feb. 1991)1991)

Permanent Representative to UN (De Perio Permanent Representative to UN (De Perio Santos vs. Macaraig, 10 April 1992)Santos vs. Macaraig, 10 April 1992)

Eligibility to Public OfficeEligibility to Public Office Qualifications generally required of Qualifications generally required of

public officerspublic officers * Citizenship, residence, age, education * Citizenship, residence, age, education

and civil service qualificationsand civil service qualifications Qualification StandardsQualification Standards Religious qualifications prohibited (Sec. Religious qualifications prohibited (Sec.

5, Art. lll, Constitution)5, Art. lll, Constitution) Ruling in Pamil vs. Teleron on basis of Ruling in Pamil vs. Teleron on basis of

Sec. 2175 of old Admin. Code (20 Nov. Sec. 2175 of old Admin. Code (20 Nov. 1978) superseded by ’87 Const.1978) superseded by ’87 Const.

Property qualifications may not be Property qualifications may not be imposed for the exercise of right to imposed for the exercise of right to run for public office. Law requiring run for public office. Law requiring candidates for public office to post candidates for public office to post surety bond held unconstitutional surety bond held unconstitutional (Maquera vs. Borra, 07 Sept. 1965)(Maquera vs. Borra, 07 Sept. 1965)

Qualifications of local elective Qualifications of local elective officials (Sec. 39, RA 7160)officials (Sec. 39, RA 7160)

Disqualifications for local elective Disqualifications for local elective position (Sec. 40, RA 7160; ’99BQ)position (Sec. 40, RA 7160; ’99BQ)

Those sentenced by final judgment for an Those sentenced by final judgment for an offense involving moral turpitude …offense involving moral turpitude …

Those removed from office as a result of Those removed from office as a result of an administrative casean administrative case

Those convicted by final judgment for Those convicted by final judgment for violating oath of allegianceviolating oath of allegiance

Those with dual citizenshipThose with dual citizenship Fugitives from justice …Fugitives from justice … Permanent residents in a foreign countryPermanent residents in a foreign country The insane or feeble-mindedThe insane or feeble-minded

CasesCases Punong Barangay convicted of arbitrary Punong Barangay convicted of arbitrary

detention but has not served his sentence detention but has not served his sentence because of the grant of probation is not because of the grant of probation is not disqualified to seek ’02 local elective office disqualified to seek ’02 local elective office (Moreno vs. Comelec, 498 SCRA 49)(Moreno vs. Comelec, 498 SCRA 49)

Conviction for an offense involving moral Conviction for an offense involving moral turpitude (Anti-Fencing Law) stands even if turpitude (Anti-Fencing Law) stands even if candidate was granted probation; candidate was granted probation; perfection of an appeal is relinquishment perfection of an appeal is relinquishment of alternative remedy of availing of of alternative remedy of availing of Probation Law (Dela Torre vs. Comelec, Probation Law (Dela Torre vs. Comelec, 258 SCRA 483)258 SCRA 483)

A local elective official who is removed before A local elective official who is removed before the expiration of his term is disqualified from the expiration of his term is disqualified from being a candidate for local elective position being a candidate for local elective position (Reyes vs. Comelec, 254 SCRA 514)(Reyes vs. Comelec, 254 SCRA 514)

Where the decision has not become final by Where the decision has not become final by reason of his filing a MR, respondent local reason of his filing a MR, respondent local elective official is not disqualified to run elective official is not disqualified to run (Lingating vs. Sulong, 391 SCRA 629)(Lingating vs. Sulong, 391 SCRA 629)

““Dual citizenship” refers to “dual allegiance”; Dual citizenship” refers to “dual allegiance”; dual citizenship not a disqualification dual citizenship not a disqualification (Mercado vs. Manzano, 26 May 1999)(note: (Mercado vs. Manzano, 26 May 1999)(note: ruling now modified by RA 9225)ruling now modified by RA 9225)

Dual Citizenship Act (RA 9225)Dual Citizenship Act (RA 9225) Those who retain or re-acquire Phil. Those who retain or re-acquire Phil.

citizenship under this Act and seek elective citizenship under this Act and seek elective public office shall meet the qualifications xxx public office shall meet the qualifications xxx and at the time of the filing of the certificate and at the time of the filing of the certificate of candidacy, make a of candidacy, make a personal & sworn personal & sworn renunciationrenunciation of any and all foreign of any and all foreign citizenship before public officer authorized to citizenship before public officer authorized to administer an oath [Sec. 5 (2)].administer an oath [Sec. 5 (2)].

Affiant must state in clear and unequivocal Affiant must state in clear and unequivocal terms that he is renouncing all foreign terms that he is renouncing all foreign citizenship for it to be effective (Eusebio citizenship for it to be effective (Eusebio Lopez vs. Comelec, 23 July 2008)Lopez vs. Comelec, 23 July 2008)

Candidate Merito Miguel who is a Candidate Merito Miguel who is a green card holder must green card holder must waivewaive his his status as a permanent resident or status as a permanent resident or immigrant of a foreign country, as immigrant of a foreign country, as manifested by some act(s) manifested by some act(s) independent of and done prior to independent of and done prior to filing his candidacy for elective office filing his candidacy for elective office of Mayor of Bolinao, Quezon (Caasi of Mayor of Bolinao, Quezon (Caasi vs. CA, 191 SCRA 229)vs. CA, 191 SCRA 229)

Under Sec. 2 of RA 8171, repatriation is effected Under Sec. 2 of RA 8171, repatriation is effected by taking the necessary oath of allegiance to RP by taking the necessary oath of allegiance to RP and registration of Certificate of Repatriation in and registration of Certificate of Repatriation in proper civil registry and the Immigration Bureau. proper civil registry and the Immigration Bureau. Petitioner, a candidate for post of Mayor of San Petitioner, a candidate for post of Mayor of San Jacinto, Masbate in May ’04 elections, took his Jacinto, Masbate in May ’04 elections, took his oath in Dec. ’97 but registered his Certificate oath in Dec. ’97 but registered his Certificate w/the Civil Registry and the Immigration Bureau w/the Civil Registry and the Immigration Bureau only after 6 years. He completed all requirements only after 6 years. He completed all requirements for repatriation only after he filed his cert. of for repatriation only after he filed his cert. of candidacy, hence he is disqualified (Alterejos vs. candidacy, hence he is disqualified (Alterejos vs. Comelec, 441 SCRA 655).Comelec, 441 SCRA 655).

Repatriation results in the recovery Repatriation results in the recovery of the original nationality. Since the of the original nationality. Since the candidate for elective office was a candidate for elective office was a natural born Filipino before he natural born Filipino before he became a naturalized American became a naturalized American citizen, he was restored to his former citizen, he was restored to his former status as a natural born Filipino upon status as a natural born Filipino upon repatriation (Bengson vs. HRET, 357 repatriation (Bengson vs. HRET, 357 SCRA 545)SCRA 545)

DesignationDesignation

Distinguished from appointmentDistinguished from appointment Cases:Cases:

*National Amnesty Commission vs. *National Amnesty Commission vs. COA, 437 SCRA 657COA, 437 SCRA 657

*Binamira vs. Garrucho, 188 SCRA *Binamira vs. Garrucho, 188 SCRA 154154

AppointmentAppointment Kinds of appointment: permanent and Kinds of appointment: permanent and

temporarytemporary Different steps in process of appointmentDifferent steps in process of appointment Acceptance of appointment not essential to Acceptance of appointment not essential to

its validity but necessary to the full its validity but necessary to the full possession of the officepossession of the office

One who holds a temporary appointment One who holds a temporary appointment has no fixed tenure of office (Achacoso vs. has no fixed tenure of office (Achacoso vs. Macaraig, 195 SCRA 237)Macaraig, 195 SCRA 237)

Acceptance of a temporary appointment Acceptance of a temporary appointment without intention to abandon permanent without intention to abandon permanent position (Palmera vs. CSC, 235 SCRA 87)position (Palmera vs. CSC, 235 SCRA 87)

Acceptance of a temporary appointment Acceptance of a temporary appointment on his own volition and in exchange of a on his own volition and in exchange of a permanent appointment (Romualdez vs. permanent appointment (Romualdez vs. CSC, 197 SCRA 168)CSC, 197 SCRA 168)

Resident physician position is not Resident physician position is not permanent (Felix vs. Buenaseda, 240 permanent (Felix vs. Buenaseda, 240 SCRA 139)SCRA 139)

Power to AppointPower to Appoint1414

An exercise of discretion (Patagoc vs. An exercise of discretion (Patagoc vs. CSC, 14 May 1990)CSC, 14 May 1990)

““next-in-rank” rule (Umoso vs. CSC, 234 next-in-rank” rule (Umoso vs. CSC, 234 SCRA 819)SCRA 819)

Appointment required to be submitted Appointment required to be submitted to CSC (Tomali vs. CSC, 238 SCRA 527)to CSC (Tomali vs. CSC, 238 SCRA 527)

Power of CSC to approve or disapprove Power of CSC to approve or disapprove (Orbos vs. CSC, 189 SCRA 459)(Orbos vs. CSC, 189 SCRA 459)

Nepotism ruleNepotism rule Sec. 59, EO 292: prohibition within 3Sec. 59, EO 292: prohibition within 3rdrd

degree of consanguinity or affinitydegree of consanguinity or affinity Sec. 67, EO 292: penalty of fine of not Sec. 67, EO 292: penalty of fine of not

more than P1,000 or not more than 6 more than P1,000 or not more than 6 years imprisonment or bothyears imprisonment or both

Sec. 79, RA 7160: prohibition within 4Sec. 79, RA 7160: prohibition within 4thth degree of consanguinity or affinitydegree of consanguinity or affinity

A promotional appointment violative of A promotional appointment violative of nepotism rule is null and void (Debulgado nepotism rule is null and void (Debulgado vs. CSC, 237 SCRA 184)vs. CSC, 237 SCRA 184)

Where CSC disapproves appointment, Where CSC disapproves appointment, appointee need not be previously heard appointee need not be previously heard (Debulgado vs. CSC, 237 SCRA 186)(Debulgado vs. CSC, 237 SCRA 186)

Passage of CS exam does not transform Passage of CS exam does not transform temporary appointment to permanent; temporary appointment to permanent; (Prov. of Camarines vs. CA, 246 SCRA 283; (Prov. of Camarines vs. CA, 246 SCRA 283; Gloria vs. de Guzman, 06 Oct. ’95)Gloria vs. de Guzman, 06 Oct. ’95)

Appointing authority & appointee are real Appointing authority & appointee are real parties … to challenge CSC disapproval parties … to challenge CSC disapproval (Abella vs. CSC, 442 SCRA 507)(Abella vs. CSC, 442 SCRA 507)

No violation of CSC resolution prohibiting No violation of CSC resolution prohibiting midnight appointment where the filling midnight appointment where the filling up resulted from deliberate action and up resulted from deliberate action and careful consideration of qualifications careful consideration of qualifications (Quirog vs. Aumentado, 570 SCRA 582)(Quirog vs. Aumentado, 570 SCRA 582)1515

Prohibition on “midnight appointments” Prohibition on “midnight appointments” under Art. Vll, Sec. 15 of Constitution under Art. Vll, Sec. 15 of Constitution applies only to presidential appointments applies only to presidential appointments and not to local chief executives (De and not to local chief executives (De Rama vs. CA, 353 SCRA 94)Rama vs. CA, 353 SCRA 94)15a15a

When appointee may be When appointee may be reassigned/transferredreassigned/transferred1212

Where appointment indicates no specific Where appointment indicates no specific station, employee may be transferred or station, employee may be transferred or reassigned provided … no substantial reassigned provided … no substantial change in title, rank or salary.change in title, rank or salary.

5 year term Dean of College of Education 5 year term Dean of College of Education (Sta. Maria vs. Lopez, 31 SCRA 637)(Sta. Maria vs. Lopez, 31 SCRA 637)

Reassignment of Gloria Navarro appointed Reassignment of Gloria Navarro appointed as Principal in Division of City Schools, as Principal in Division of City Schools, Quezon City (DECS vs. CA, 183 SCRA 555)Quezon City (DECS vs. CA, 183 SCRA 555)

Reassignment that is indefinite Reassignment that is indefinite violates security of tenure and is in violates security of tenure and is in effect constructive dismissal (Gloria effect constructive dismissal (Gloria vs. CA & Icasiano, 338 SCRA 10)vs. CA & Icasiano, 338 SCRA 10)

Appointments to staff of CSC are not Appointments to staff of CSC are not appointments to a specified public appointments to a specified public office but appointments to particular office but appointments to particular positions or ranks (Fernandez vs. Sto. positions or ranks (Fernandez vs. Sto. Tomas, 242 SCRA 193)Tomas, 242 SCRA 193)

1616

A reassignment which removes from the A reassignment which removes from the officer power of supervision over officer power of supervision over employees is a diminution of her status employees is a diminution of her status (Padolina vs. Fernandez, 343 SCRA 442).(Padolina vs. Fernandez, 343 SCRA 442).

Mayor has power to devolve national Mayor has power to devolve national DSWD employees to CSSDO in line w/ DSWD employees to CSSDO in line w/ devolution under RA 7160 (Plaza vs. devolution under RA 7160 (Plaza vs. Cassion, 435 SCRA 295).Cassion, 435 SCRA 295).

BIR Commissioner is authorized to assign BIR Commissioner is authorized to assign or reassign revenue officers (Vinzons-or reassign revenue officers (Vinzons-Chato vs. Martinez, 344 SCRA 18).Chato vs. Martinez, 344 SCRA 18).

Bad faith is evident by the fact that Bad faith is evident by the fact that the reassignment was issued days the reassignment was issued days after the reassigned officials filed a after the reassigned officials filed a graft case vs. petitioner and that the graft case vs. petitioner and that the authority to reassign officers of the authority to reassign officers of the LWUA lies with the Board and not LWUA lies with the Board and not with petitioner (Reyes, Jr. vs. with petitioner (Reyes, Jr. vs. Belisario, 596 SCRA 35).Belisario, 596 SCRA 35).12a12a

Career Executive Service (CES)Career Executive Service (CES)

Security of tenure in CES is acquired Security of tenure in CES is acquired w/respect to rank and not to position; w/respect to rank and not to position; within CES, personnel can be shifted to within CES, personnel can be shifted to another position w/o violating their rights another position w/o violating their rights to security of tenure.to security of tenure.1313

Petitioner’s appointment not permanent as Petitioner’s appointment not permanent as she does not have the rank appropriate for she does not have the rank appropriate for position of Chief Public Attorney (Cuevas position of Chief Public Attorney (Cuevas vs. Bacal, 347 SCRA 339)vs. Bacal, 347 SCRA 339)

Passing CES exam entitles examinee to Passing CES exam entitles examinee to conferment of CES eligibility. Upon conferment, conferment of CES eligibility. Upon conferment, incumbent of CES position may qualify for incumbent of CES position may qualify for appointment to a CES rank. W/o CES eligibility, appointment to a CES rank. W/o CES eligibility, his appointment may be withdrawn anytime his appointment may be withdrawn anytime w/o violating right to security of tenure w/o violating right to security of tenure (Caringal vs. PCSO, 472 SCRA 577)(Caringal vs. PCSO, 472 SCRA 577)

Appointment of non-CES eligible to CES Appointment of non-CES eligible to CES position; Petitioner’s separation from the position; Petitioner’s separation from the service w/o cause as Dep. Director for Hospital service w/o cause as Dep. Director for Hospital Support Services is valid as her position Support Services is valid as her position belongs to the CES (Amores vs. CSC, 29 April belongs to the CES (Amores vs. CSC, 29 April ’09)’09)

Unless and until an employee in the CES is Unless and until an employee in the CES is appointed to the appropriate CES rank, he appointed to the appropriate CES rank, he acquires no security of tenure even if he is acquires no security of tenure even if he is a CES eligible (General vs. LTO RD Roco, a CES eligible (General vs. LTO RD Roco, 350 SCRA 528)350 SCRA 528)

Rank of CESO deactivated upon Rank of CESO deactivated upon resignation (Collantes vs. CA, 03/06/07)resignation (Collantes vs. CA, 03/06/07)

Justification of transfer/reassignment of Justification of transfer/reassignment of CESO to other positions: mobility and CESO to other positions: mobility and flexibility (De Leon vs. CA & Jacob flexibility (De Leon vs. CA & Jacob Montesa, 371 SCRA 413)Montesa, 371 SCRA 413)

Persons Excluded from CES Persons Excluded from CES (CESB Res. 799,May ’09)(CESB Res. 799,May ’09)

1. Managerial and executive positions w/fixed term 1. Managerial and executive positions w/fixed term of office as provided in charter or law of office as provided in charter or law

2. Managerial and executive positions in non-career 2. Managerial and executive positions in non-career service w/c include the ff:service w/c include the ff:

a. Elective officials & their personal/confi staffa. Elective officials & their personal/confi staff b. Secretaries and other officials of cabinet rank b. Secretaries and other officials of cabinet rank

and their personal/confi staffand their personal/confi staff c. Chairman and members of commissions and c. Chairman and members of commissions and

boards with fixed terms of office & their boards with fixed terms of office & their personal/confi staffpersonal/confi staff

d. Contractual personnel & emergency/seasonal d. Contractual personnel & emergency/seasonal staffstaff

Positions excluded from CES Positions excluded from CES

3. Managerial and executive positions in the 3. Managerial and executive positions in the national government belonging to the national government belonging to the closed career systems w/c are closed career systems w/c are administered by special bodies such as administered by special bodies such as the Foreign Service, PNP, State colleges the Foreign Service, PNP, State colleges and universities unless provided in their and universities unless provided in their respective charters, the Scientific Career respective charters, the Scientific Career Service and the likeService and the like

4. Position of Head Executive Assistant4. Position of Head Executive Assistant

Presidential AppointmentsPresidential Appointments

ad interim and regular (Art. Vll, Sec. ad interim and regular (Art. Vll, Sec. 16 Const.); Distinction16 Const.); Distinction

Distinction between ad interim Distinction between ad interim appointments from appointments in appointments from appointments in an acting capacity; President’s an acting capacity; President’s issuance of appointments in an issuance of appointments in an acting capacity not impairment of acting capacity not impairment of power of Congress (Pimentel vs. power of Congress (Pimentel vs. Ermita, 472 SCRA 589)Ermita, 472 SCRA 589)

Ad interim appointment is permanent, Ad interim appointment is permanent, and not a temporary appointment that and not a temporary appointment that can be withdrawn or revoked anytime; can be withdrawn or revoked anytime; President can renew ad interim President can renew ad interim appointment of a by-passed appointee appointment of a by-passed appointee (Matibag vs. Benipayo, 380 SCRA 49)(Matibag vs. Benipayo, 380 SCRA 49)

Appointments solely for President to Appointments solely for President to make (Bautista vs. Salonga, 172 SCRA make (Bautista vs. Salonga, 172 SCRA 160)160)

3 stages in regular appointments3 stages in regular appointments 4 groups of officers whom the 4 groups of officers whom the

President shall appointPresident shall appoint The “other officers” referred to The “other officers” referred to

whose appointments are vested in whose appointments are vested in the President under the Const.the President under the Const.

CasesCases

Quintos Deles vs. Commission on Quintos Deles vs. Commission on Appointments, 177 SCRA 259Appointments, 177 SCRA 259

(Art. XVlll, Sec. 7 on Sectoral Rep.)(Art. XVlll, Sec. 7 on Sectoral Rep.) Sarmiento vs. Mison, 156 SCRA 549Sarmiento vs. Mison, 156 SCRA 549 Tarrosa vs. Singson, 232 SCRA 555Tarrosa vs. Singson, 232 SCRA 555 Calderon vs. Carale, 208 SCRA 254Calderon vs. Carale, 208 SCRA 254 Manalo vs. Sistoza, 312 SCRA 239 Manalo vs. Sistoza, 312 SCRA 239

(’02 BQ)(’02 BQ)

Prohibition on midnight appointment under Sec. Prohibition on midnight appointment under Sec. 15, Art. Vll does not apply to appointment in the 15, Art. Vll does not apply to appointment in the Supreme Court (De Castro vs. JBC, 17 March Supreme Court (De Castro vs. JBC, 17 March 2010)2010)

President prohibited from making appointments President prohibited from making appointments 2 months before the next presidential elections 2 months before the next presidential elections and up to end of his term (In re: Mateo and up to end of his term (In re: Mateo Valenzuela, 298 SCRA 408)Valenzuela, 298 SCRA 408)

Appointments of fourth group of lower-ranked Appointments of fourth group of lower-ranked officers may by law be vested in the head of the officers may by law be vested in the head of the board; Chair of CCP vested with power under PD board; Chair of CCP vested with power under PD 15 to appoint lower-ranked officers but not the 15 to appoint lower-ranked officers but not the co-trustees of the board (Rufino vs. Endriga, co-trustees of the board (Rufino vs. Endriga, 496 SCRA 16)496 SCRA 16)

Modes of Terminating Official Modes of Terminating Official RelationsRelations

Abolition: neither means removal or separationAbolition: neither means removal or separation *constitutionality of RA 6656 (Dario vs. Mison, *constitutionality of RA 6656 (Dario vs. Mison,

176 SCRA 84)176 SCRA 84) *must be done in good faith (Gingson vs. Murcia, *must be done in good faith (Gingson vs. Murcia,

08 Feb. 1988)08 Feb. 1988) *abolished office and offices created have similar *abolished office and offices created have similar

functions (Guerrero vs. Arizabal, 186 SCRA 109)functions (Guerrero vs. Arizabal, 186 SCRA 109) *RA 6715 which declared vacant NLRC positions *RA 6715 which declared vacant NLRC positions

did not expressly or impliedly abolish did not expressly or impliedly abolish petitioners’ offices (Mayor vs. Macaraeg, 194 petitioners’ offices (Mayor vs. Macaraeg, 194 SCRA 672)SCRA 672)

*Implied abolition of NAPOLCOM under *Implied abolition of NAPOLCOM under Sec. 8 of RA 8551, unconstitutional Sec. 8 of RA 8551, unconstitutional (Canonizado vs. Aguirre, 323 SCRA 313)(Canonizado vs. Aguirre, 323 SCRA 313)

Acceptance of Incompatible OfficeAcceptance of Incompatible Office *Positions of Inspector General of IAS and *Positions of Inspector General of IAS and

NAPOLCOM Commissioner NAPOLCOM Commissioner *Positions of PCGG Chair and Chief *Positions of PCGG Chair and Chief

Presidential Legal Counsel (PICI vs. Elma, Presidential Legal Counsel (PICI vs. Elma, 494 SCRA 54)494 SCRA 54)

*Positions of Senator and PNRC Chair *Positions of Senator and PNRC Chair (Liban vs. Gordon, 593 SCRA 68)(Liban vs. Gordon, 593 SCRA 68)

AbandonmentAbandonment

*No abandonment if office is vacated *No abandonment if office is vacated in deference to requirement of law in deference to requirement of law (Canonizado case)(Canonizado case)

*Failure to take steps to reassume *Failure to take steps to reassume office (SB of San Andres vs. CA, 284 office (SB of San Andres vs. CA, 284 SCRA 276; ’00BQ)SCRA 276; ’00BQ)

ResignationResignation

*Intention to relinquish office and *Intention to relinquish office and acceptance by competent authority (Ortiz acceptance by competent authority (Ortiz vs. Comelec, 28 June ’88)vs. Comelec, 28 June ’88)

*Abandonment of office before acceptance *Abandonment of office before acceptance of resignation punishable under Art. 238 of resignation punishable under Art. 238 RPCRPC

*Submission of resignation of SB Member *Submission of resignation of SB Member to the Mayor (SB of San Andres case)to the Mayor (SB of San Andres case)

*Acceptance of courtesy resignation *Acceptance of courtesy resignation (Collantes vs. DND, 517 SCRA 561)(Collantes vs. DND, 517 SCRA 561)

*Resignation to evade administrative *Resignation to evade administrative liability (Gonzales vs. Escalona, 566 liability (Gonzales vs. Escalona, 566 SCRA 4)SCRA 4)

*Hasty filing of certificate of *Hasty filing of certificate of candidacy to avoid administrative candidacy to avoid administrative charge (Pagano vs. Nazarro, 533 charge (Pagano vs. Nazarro, 533 SCRA 622)SCRA 622)

*Whether resigned or not to be *Whether resigned or not to be determined by totality test; non-issue determined by totality test; non-issue as Congress has declared de jure as Congress has declared de jure President; Sec. 12 of RA 3019 President; Sec. 12 of RA 3019 prohibiting resignation of officer prohibiting resignation of officer during pendency of charges cannot during pendency of charges cannot be invoked by petitioner (Estrada vs. be invoked by petitioner (Estrada vs. Desierto, 02 March ’01)Desierto, 02 March ’01)

RemovalRemoval

*Cause for dismissal must be as *Cause for dismissal must be as provided by law (Adiong vs. CA, 371 provided by law (Adiong vs. CA, 371 SCRA 374)SCRA 374)

*Summary dismissal repealed by RA *Summary dismissal repealed by RA 66546654

*Illegally dismissed officer entitled to *Illegally dismissed officer entitled to reinstatement and back salariesreinstatement and back salaries

*Official cannot be removed for misconduct *Official cannot be removed for misconduct during a prior term (Aguinaldo vs. during a prior term (Aguinaldo vs. Comelec, 212 SCRA 768)Comelec, 212 SCRA 768)

*Aguinaldo inapplicable to criminal case. *Aguinaldo inapplicable to criminal case. Reelection to the post of Congressman is Reelection to the post of Congressman is not a reasonable classification in criminal not a reasonable classification in criminal enforcement (Pp vs. Jalosjos, 324 SCRA enforcement (Pp vs. Jalosjos, 324 SCRA 692)692)

*Prisoners cannot hold office while in *Prisoners cannot hold office while in detention. No disenfranchisement as detention. No disenfranchisement as people’s mandate yields to Constitution people’s mandate yields to Constitution (Trillanes vs. Judge Pimentel, 27 June ’08)(Trillanes vs. Judge Pimentel, 27 June ’08)

*As a necessary consequence of arrest and *As a necessary consequence of arrest and detention, all prisoners cannot practice detention, all prisoners cannot practice their profession nor engage in business or their profession nor engage in business or occupation or hold office, elective or occupation or hold office, elective or appointive, while in detention (Pp vs. Hon. appointive, while in detention (Pp vs. Hon. Maceda, 380 Phil. 1)Maceda, 380 Phil. 1)

*Disloyalty not ground for expulsion from HRET *Disloyalty not ground for expulsion from HRET (Bondoc vs. Pineda, 201 SCRA 792; ’02 BQ)(Bondoc vs. Pineda, 201 SCRA 792; ’02 BQ)

*2 categories of administrative actions vs. *2 categories of administrative actions vs. government employeesgovernment employees

*To warrant removal from office of an officer, *To warrant removal from office of an officer, the misconduct, misfeasance or malfeasance the misconduct, misfeasance or malfeasance must be directly related to performance of must be directly related to performance of official duties official duties

*Rule: Where crime is not office related, officer *Rule: Where crime is not office related, officer may not be charged administratively based may not be charged administratively based thereon until a final judgment of conviction of thereon until a final judgment of conviction of the crime involving moral turpitude or the crime involving moral turpitude or disqualification to hold office.disqualification to hold office.

Exception: Act or offense also Exception: Act or offense also constitutes violation of admin. Rulesconstitutes violation of admin. Rules

*Grave misconduct distinguished from *Grave misconduct distinguished from simple misconduct. Respondent’s simple misconduct. Respondent’s act(s) of stealing a kiss and act(s) of stealing a kiss and demanding for a date, as an unlawful demanding for a date, as an unlawful consideration for issuance of a consideration for issuance of a permit, constitute grave misconduct permit, constitute grave misconduct (CSC vs. Belagan, 440 SCRA 578) (CSC vs. Belagan, 440 SCRA 578)

* Dishonesty need not be duty-* Dishonesty need not be duty-

connectedconnected *Willful failure to pay just debts*Willful failure to pay just debts *If found guilty of 2 or more charges, *If found guilty of 2 or more charges,

penalty corresponding to most serious penalty corresponding to most serious charge xxxcharge xxx

*Effects of dismissal*Effects of dismissal *entitlement of dismissed employee to *entitlement of dismissed employee to

leave creditsleave credits

*action dropping officer from the rolls is non-*action dropping officer from the rolls is non-disciplinary (CSC Circular No. 12, s. 1994disciplinary (CSC Circular No. 12, s. 1994

*Mental incapacity due to immoral or vicious *Mental incapacity due to immoral or vicious habits under Sec. 46 EO 292 is different habits under Sec. 46 EO 292 is different from mental incapacity under Sec. 26 EO from mental incapacity under Sec. 26 EO 292 (Romagos vs. Metro Cebu Water, 533 292 (Romagos vs. Metro Cebu Water, 533 SCRA 50)SCRA 50)

*Mayor has right to contest reversal of his *Mayor has right to contest reversal of his order sanctioning mun. employee; reasons order sanctioning mun. employee; reasons (Mayor Dagadag vs.Tongnawa, 450 SCRA (Mayor Dagadag vs.Tongnawa, 450 SCRA 446)446)

Impeachment under Sec. 2, Art. XlImpeachment under Sec. 2, Art. Xl

*Observance of fundamental procedural *Observance of fundamental procedural requirement (Cuenco vs. Fernan, 17 Feb. requirement (Cuenco vs. Fernan, 17 Feb. ’88)’88)

*Cronyism as a legal ground (’00BQ)*Cronyism as a legal ground (’00BQ)

*Once impeachable officer retires, Court *Once impeachable officer retires, Court may proceed vs. him and impose sanction may proceed vs. him and impose sanction for misconduct during his tenure (Re: for misconduct during his tenure (Re: Justice Ruben Reyes, 580 SCRA 106)Justice Ruben Reyes, 580 SCRA 106)

*Deputy Ombudsman not impeachable *Deputy Ombudsman not impeachable officer (Ombudsman vs. Mojica, 452 SCRA officer (Ombudsman vs. Mojica, 452 SCRA 714)714)

*An impeachable officer who is a member *An impeachable officer who is a member of the Bar cannot be disbarred without of the Bar cannot be disbarred without first being impeached (Marcoleta vs. first being impeached (Marcoleta vs. Borra, 582 SCRA 474; In re: Raul Gonzalez, Borra, 582 SCRA 474; In re: Raul Gonzalez, 160 SCRA 771)160 SCRA 771)

*Whether offenses in the impeachment *Whether offenses in the impeachment complaint constitute valid impeachable complaint constitute valid impeachable offenses is a non-justiciable political offenses is a non-justiciable political question (Francisco vs. NMMP, 425 SCRA question (Francisco vs. NMMP, 425 SCRA 44) 44)

Recall: formal withdrawal by electorate of Recall: formal withdrawal by electorate of their trust in elective official’s ability to their trust in elective official’s ability to discharge his officedischarge his office

*loss of confidence as ground is a political *loss of confidence as ground is a political question (Evardone vs. Comelec, 204 question (Evardone vs. Comelec, 204 SCRA 464)SCRA 464)

*No recall within 1 yr. from date of official’s *No recall within 1 yr. from date of official’s assumption to office or 1 yr.assumption to office or 1 yr.

immediately preceding a regular local immediately preceding a regular local election (Sec. 74 RA 7160) election (Sec. 74 RA 7160)

Preventive SuspensionPreventive Suspension

2 kinds of preventive suspension2 kinds of preventive suspension Teachers exonerated of the original Teachers exonerated of the original

charges and found guilty only of violation charges and found guilty only of violation of reasonable office rules are entitled to of reasonable office rules are entitled to compensation xxxcompensation xxx

(Gloria vs. CA, 306 SCRA 287; ’01BQ)(Gloria vs. CA, 306 SCRA 287; ’01BQ) Postmaster originally dismissed from Postmaster originally dismissed from

service but penalty reduced to 6 mos. service but penalty reduced to 6 mos. suspension on appeal (Sales vs. Mathay, suspension on appeal (Sales vs. Mathay, 129 SCRA 321) 129 SCRA 321)

Modification on appeal of penalty of Modification on appeal of penalty of dismissal from service for gross neglect to dismissal from service for gross neglect to 3 mos. suspension for simple neglect is 3 mos. suspension for simple neglect is not exoneration; reinstatement but no not exoneration; reinstatement but no payment of backwages (CSC vs. Rabang, payment of backwages (CSC vs. Rabang, 14 March ’08)14 March ’08)

Grounds for preventive suspension under Grounds for preventive suspension under Sec. 51 EO 292Sec. 51 EO 292

Preventive suspension under Secs. 63 & Preventive suspension under Secs. 63 & 64, LGC64, LGC

Sec. 24 RA 6770Sec. 24 RA 6770 Sec. 13 RA 3019Sec. 13 RA 3019 Cases:Cases:

*Bayot vs. Sandiganbayan, 128 SCRA 383*Bayot vs. Sandiganbayan, 128 SCRA 383

*Deloso vs. Sandiganbayan, 173 SCRA 409*Deloso vs. Sandiganbayan, 173 SCRA 409

*Libanan vs. Sandiganbayan, 233 SCRA 163*Libanan vs. Sandiganbayan, 233 SCRA 163

*Berona vs. Sandiganbayan, 435 SCRA 306*Berona vs. Sandiganbayan, 435 SCRA 306

Purpose of pre-suspension hearingPurpose of pre-suspension hearing CasesCases

*Talaga vs. Sandiganbayan, 570 SCRA *Talaga vs. Sandiganbayan, 570 SCRA 622622

*Juan vs. Pp, 322 SCRA 126*Juan vs. Pp, 322 SCRA 126

*Santiago vs. Sandiganbayan, 356 *Santiago vs. Sandiganbayan, 356 SCRA 637 (’02BQ)SCRA 637 (’02BQ)

*Flores vs. Layosa, 436 SCRA 339*Flores vs. Layosa, 436 SCRA 339

Rights, Duties & PrivilegesRights, Duties & Privileges

Salary not subject to garnishment or Salary not subject to garnishment or assignment.assignment.

Agreement affecting compensation is Agreement affecting compensation is vs. public policyvs. public policy

Additional or double compensation Additional or double compensation (Sec. 8 par. 1, Art. lX B)(Sec. 8 par. 1, Art. lX B)

Pensions: an act of liberality; not a Pensions: an act of liberality; not a salary (Sec. 8 par. 2, Art. lX B)salary (Sec. 8 par. 2, Art. lX B)

Only full-time services with Only full-time services with compensation are credited for compensation are credited for retirement purposes (Valdez vs. retirement purposes (Valdez vs. GSIS, 30 June ’08)GSIS, 30 June ’08)

Retirement pay may not be applied Retirement pay may not be applied to indebtedness to the government to indebtedness to the government (Cruz vs. Tantuico, 166 SCRA 671; (Cruz vs. Tantuico, 166 SCRA 671; Tantuico vs. Domingo, 230 SCRA Tantuico vs. Domingo, 230 SCRA 391)391)

Benefits granted under GSIS Act (RA 8291) Benefits granted under GSIS Act (RA 8291) not subject to judicial & admin processes, not subject to judicial & admin processes, including COA disallowances ; Exception including COA disallowances ; Exception (GSIS vs. COA, 441 SCRA 534)(GSIS vs. COA, 441 SCRA 534)

Loss of retirement benefits if public officer Loss of retirement benefits if public officer is convicted xxx (Sec. 13, RA 3019)is convicted xxx (Sec. 13, RA 3019)

COA can direct withholding of salary COA can direct withholding of salary pending litigation of public officer’s liability pending litigation of public officer’s liability (Santiago vs. COA, 537 SCRA 740)(Santiago vs. COA, 537 SCRA 740)

Payment of per diem only & no other Payment of per diem only & no other compensation under Sec. 13, PD 198 compensation under Sec. 13, PD 198 (BWD vs. COA, 374 SCRA 482; De Jesus vs. (BWD vs. COA, 374 SCRA 482; De Jesus vs. COA, 403 SCRA 667)COA, 403 SCRA 667)

LWUA Reso granting compensation to BOD LWUA Reso granting compensation to BOD of LWDs illegal (Querubin vs. COA, 433 of LWDs illegal (Querubin vs. COA, 433 SCRA 773); No refund of benefits received SCRA 773); No refund of benefits received in good faith (De Jesus vs. CSC, 471 SCRA in good faith (De Jesus vs. CSC, 471 SCRA 626; Barbo vs. COA, 568 SCRA 304)626; Barbo vs. COA, 568 SCRA 304)

Sec. 13 PD 198 now amended by RA Sec. 13 PD 198 now amended by RA 9286 as approved on 04/02/049286 as approved on 04/02/04

*Apart from per diem, each director shall *Apart from per diem, each director shall receive allowances & benefits as the receive allowances & benefits as the Board may prescribe subject to LWUA Board may prescribe subject to LWUA approvalapproval

Alternates of ex-officio members of NHA Alternates of ex-officio members of NHA Board not entitled to extra compensation Board not entitled to extra compensation (Dela Cruz vs. COA, 371 SCRA 158)(Dela Cruz vs. COA, 371 SCRA 158)

RA 7916 authorizing DOLE Sec. or RA 7916 authorizing DOLE Sec. or representative to receive per diem as representative to receive per diem as PEZA Board member violates PEZA Board member violates Constitution (Bitonio vs. COA, 425 Constitution (Bitonio vs. COA, 425 SCRA 437)SCRA 437)

Retirement benefits under RA 8551 Retirement benefits under RA 8551 applicable to INP members retired applicable to INP members retired prior to effectivity of RA 6975 (PNP prior to effectivity of RA 6975 (PNP vs. Manila’s Finest, 09 May ’07)vs. Manila’s Finest, 09 May ’07)

Constitutional right to Constitutional right to self-organizationself-organization

Sec. 8 Art. lll, Sec. 2(5) Art. lXB, Sec. Sec. 8 Art. lll, Sec. 2(5) Art. lXB, Sec. 3 Art. Xlll 1987 Constitution3 Art. Xlll 1987 Constitution

Scope under EO 180 (Arizala vs. CA, Scope under EO 180 (Arizala vs. CA, 14 Sept. ’90)14 Sept. ’90)

Gov’t employees do not have right to Gov’t employees do not have right to strike xxx (SSS vs. CA, 175 SCRA strike xxx (SSS vs. CA, 175 SCRA 686; Manila PSTA vs. Educ. Sec., 200 686; Manila PSTA vs. Educ. Sec., 200 SCRA 323; Gesite vs. CA, 444 SCRA SCRA 323; Gesite vs. CA, 444 SCRA 52) 52)

Exercise of rights to peaceably assemble Exercise of rights to peaceably assemble and petition for redress of grievances must and petition for redress of grievances must be w/in reasonable limits xxx without be w/in reasonable limits xxx without work stoppage (Bangalisan vs. CA, 276 work stoppage (Bangalisan vs. CA, 276 SCRA 619; Jacinto vs. CA, 281 SCRA 657; SCRA 619; Jacinto vs. CA, 281 SCRA 657; Alipat vs. CA, 308 SCRA 781; Dela Cruz vs. Alipat vs. CA, 308 SCRA 781; Dela Cruz vs. CA, 305 SCRA 303)CA, 305 SCRA 303)

What are excluded from (included in) What are excluded from (included in) negotiation by government employeesnegotiation by government employees

Right to InformationRight to Information

Guarantees right of people to Guarantees right of people to demand information on matters of demand information on matters of public concern (Sec. 28 Art.ll Const.)public concern (Sec. 28 Art.ll Const.)

Can be invoked by any citizen Can be invoked by any citizen (Gonzales vs. Narvasa, 337 SCRA (Gonzales vs. Narvasa, 337 SCRA 736)736)

A duty of officialdom even if nobody A duty of officialdom even if nobody demands (North Cotabato vs. GRP, demands (North Cotabato vs. GRP, 568 SCRA 410)568 SCRA 410)

Exemptions from compulsory disclosure of Exemptions from compulsory disclosure of information (Chavez vs. PCGG, 09 Dec. information (Chavez vs. PCGG, 09 Dec. ’98)’98)

Right to information does not extend to Right to information does not extend to ‘privileged information’ (Neri vs. Senate, ‘privileged information’ (Neri vs. Senate, 564 SCRA 153)564 SCRA 153)

Doctrine of executive privilege which Doctrine of executive privilege which includes matters of diplomatic character includes matters of diplomatic character under negotiation is only presumptive; under negotiation is only presumptive; exception (Senate vs. Ermita, 488 SCRA 1)exception (Senate vs. Ermita, 488 SCRA 1)

Executive PrivilegeExecutive Privilege

Documents on proposed JPEPA and Documents on proposed JPEPA and text subject to legal review (Akbayan text subject to legal review (Akbayan vs. Aquino, 16 July ’08)vs. Aquino, 16 July ’08)

On-going negotiations of the RP-US On-going negotiations of the RP-US Military Bases Agreement (PMPF vs. Military Bases Agreement (PMPF vs. Manglapus)Manglapus)

Liability of Public OfficersLiability of Public Officers

An impeachable officer cannot be An impeachable officer cannot be charged during his incumbency with charged during his incumbency with any offense w/c carries with it any offense w/c carries with it penalty of removal (In re Gonzales, penalty of removal (In re Gonzales, 160 SCRA 771)160 SCRA 771)

Sections 2 & 3, Art. Xl ConstitutionSections 2 & 3, Art. Xl Constitution Sec. 3 RA 3019Sec. 3 RA 3019 Sec. 7 RA 6713Sec. 7 RA 6713

RA 6713RA 6713

Sec. 4: Norms (code: CPJPRNCS)Sec. 4: Norms (code: CPJPRNCS) Sec. 5: DutiesSec. 5: Duties Sec. 8: Submission of SALN (in re Sec. 8: Submission of SALN (in re

Sec. 7 RA 3019)Sec. 7 RA 3019) Sec. 9: Divestment (avoid conflict of Sec. 9: Divestment (avoid conflict of

interest at all times)interest at all times)

Unexplained Wealth of Unexplained Wealth of Public OfficersPublic Officers

Basis of Lifestyle Check:Basis of Lifestyle Check: *Sec. 1 Art. Xl Constitution*Sec. 1 Art. Xl Constitution *Sec. 8 RA 3019 in re to RA 1379*Sec. 8 RA 3019 in re to RA 1379 CasesCases *PNB vs. Gancayco, 15 SCRA 91*PNB vs. Gancayco, 15 SCRA 91 *Banco Filipino vs. Purisima, 161 SCRA 576*Banco Filipino vs. Purisima, 161 SCRA 576 *Marquez vs. Desierto, 359 SCRA 773*Marquez vs. Desierto, 359 SCRA 773 Exceptions to the rule vs. disclosure of Exceptions to the rule vs. disclosure of

bank deposits (UBP vs. CA, 321 SCRA 563)bank deposits (UBP vs. CA, 321 SCRA 563)

Liability of Head of OfficeLiability of Head of Office

Sec. 102 PD 1405Sec. 102 PD 1405 Head of office as final approving authority Head of office as final approving authority

of disallowed transaction not necessarily of disallowed transaction not necessarily personally liable (Albert vs. Gangan, 353 personally liable (Albert vs. Gangan, 353 SCRA 680; Peralta vs. Desierto, 473 SCRA SCRA 680; Peralta vs. Desierto, 473 SCRA 323)323)

Heads have to rely on their subordinates Heads have to rely on their subordinates and on good faith of those who prepared and on good faith of those who prepared documents (Arias vs. Sandiganbayan, 180 documents (Arias vs. Sandiganbayan, 180 SCRA 309)SCRA 309)

Administrative liability could not be based Administrative liability could not be based on the principle of command responsibility on the principle of command responsibility (Principe vs. OMB, 374 SCRA 460).(Principe vs. OMB, 374 SCRA 460).

Negligence of subordinates cannot always Negligence of subordinates cannot always be ascribed to their superior (De Jesus vs. be ascribed to their superior (De Jesus vs. Guerrero, 598 SCRA 342)Guerrero, 598 SCRA 342)

General Rule: Superiors cannot be held General Rule: Superiors cannot be held liable for acts of their subordinatesliable for acts of their subordinates

Exceptions Exceptions

No recovery of damages by official for No recovery of damages by official for falsehood charge related to his official falsehood charge related to his official conduct unless statement was with actual conduct unless statement was with actual malice (Banas vs. CA, 325 SCRA 263)malice (Banas vs. CA, 325 SCRA 263)

‘‘state immunity from suit’ doctrine applies state immunity from suit’ doctrine applies to complaints vs. officials for acts in to complaints vs. officials for acts in performance of their duties; rule not performance of their duties; rule not applicable if sued in his personal capacity applicable if sued in his personal capacity (Lansang CA, 23 Feb. ’00)(Lansang CA, 23 Feb. ’00)

State immunity doctrine affording State immunity doctrine affording protection to public officers applies only to protection to public officers applies only to activities within the scope of their activities within the scope of their authority done in good faith (Calub vs. CA, authority done in good faith (Calub vs. CA, 331 SCRA 55)331 SCRA 55)

Public officer cannot invoke immunity if Public officer cannot invoke immunity if complaints vs. her do not impose financial complaints vs. her do not impose financial liability vs. the State but merely liability vs. the State but merely nullification of state action (Phil. Agila nullification of state action (Phil. Agila Satellite vs. Lichauco, 489 SCRA 160)Satellite vs. Lichauco, 489 SCRA 160)

Disabilities and Inhibitions of Disabilities and Inhibitions of Public OfficersPublic Officers

Under ’87 ConstitutionUnder ’87 Constitution

* Sec. 13 Art. Vl (Incompatible Office * Sec. 13 Art. Vl (Incompatible Office & Forbidden Office)& Forbidden Office)

*Sec. 14 Art. Vl*Sec. 14 Art. Vl

*Sec. 7 Art. lX-B*Sec. 7 Art. lX-B

*Sec. 13 Art. Vll*Sec. 13 Art. Vll

`̀

Sec. 7 Art. lX-B lays down the general rule Sec. 7 Art. lX-B lays down the general rule while Sec. 13 Art. Vll is the exception while Sec. 13 Art. Vll is the exception applicable only to the Pres., VP, Cabinet applicable only to the Pres., VP, Cabinet members xxx (NAC vs. COA, 437 SCRA members xxx (NAC vs. COA, 437 SCRA 655)655)

Sec. 13 Art. Vll is not applicable to the Sec. 13 Art. Vll is not applicable to the PCGG Chairman nor to the Chief PCGG Chairman nor to the Chief Presidential Legal Counsel (Public Interest Presidential Legal Counsel (Public Interest Center vs. Elma, 494 SCRA 62)Center vs. Elma, 494 SCRA 62)

Prohibition vs. holding dual or multiple Prohibition vs. holding dual or multiple offices under Sec. 13 Art. Vll not applicable offices under Sec. 13 Art. Vll not applicable to posts occupied by Exec. Officials to posts occupied by Exec. Officials without additional compensation in an ex-without additional compensation in an ex-officio capacity as provided by law… (Civil officio capacity as provided by law… (Civil Liberties vs. Exec. Sec., 22 Feb. ’91)Liberties vs. Exec. Sec., 22 Feb. ’91)

Alternates of ex-officio members in gov’t Alternates of ex-officio members in gov’t boards, like their principals, cannot receive boards, like their principals, cannot receive additional compensation (Dela Cruz vs. additional compensation (Dela Cruz vs. COA, 371 SCRA 157; Bitonio vs. COA, 425 COA, 371 SCRA 157; Bitonio vs. COA, 425 SCRA 437)SCRA 437)

Official may hold any other office or Official may hold any other office or employment only when specifically employment only when specifically authorized by Constitution, to wit:authorized by Constitution, to wit:

1.1. Vice Pres. as Cabinet Sec. [Sec. 3(2) Vice Pres. as Cabinet Sec. [Sec. 3(2) Art. Vll]Art. Vll]

2.2. Justice Sec. as ex-officio JBC Justice Sec. as ex-officio JBC member (Sec. 8 Art. Vlll)member (Sec. 8 Art. Vlll)

3.3. Pres. as head of economic and Pres. as head of economic and planning agency (Sec. 9 Art. Xll)planning agency (Sec. 9 Art. Xll)

CasesCases

Gordon as SBMA Chairman and Gordon as SBMA Chairman and Mayor of Olongapo City (Flores vs. Mayor of Olongapo City (Flores vs. Drilon, 223 SCRA 568)Drilon, 223 SCRA 568)

Practice of law and acceptance of Practice of law and acceptance of employment as PLEB member and employment as PLEB member and Lupon member by government Lupon member by government lawyer (Lorenzana vs. Fajardo, 462 lawyer (Lorenzana vs. Fajardo, 462 SCRA 1)SCRA 1)

Sec. 7(b)(2) of RA 6713Sec. 7(b)(2) of RA 6713

Government lawyers cannot handle Government lawyers cannot handle private cases (Ramos vs. Imbang, 530 private cases (Ramos vs. Imbang, 530 SCRA 759) SCRA 759)

As an exception, public officer can engage As an exception, public officer can engage in private practice under the ff. conditions: in private practice under the ff. conditions: 11stst, it is authorized by Constitution or law; , it is authorized by Constitution or law; 22ndnd, it will not conflict with her public , it will not conflict with her public functions (Query of Atty. Buffe, 596 SCRA functions (Query of Atty. Buffe, 596 SCRA 379) 379)

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