poli - agra lecture ppt - public officers.pdf

7/28/2019 poli - agra lecture ppt - public officers.pdf

1/12

Law on Pubtic Officers:SurveY of CasetawAtberto C. Agra

Professor of Laws, Ateneo Law School

Public Office. Eternents of Pubtic office: Creation by law or byauthority of law; Sovereign furrction; Defined ponersand furrtiorn; Mormed independendy or under thecontrol of a higtrer authority; Continuing andperrnanerrce (Compensation not an eternent)o 2 kinds of duties of publig officers: duty owing to pubtic

(e.g. promutgation of rutes, not liable if rules declaredvoid) and duty o\,'/ing to pfivate individuals (liable ifspeciat iniury on account bf malfeasance or mn-feasance)


2/12

Publlc Offlceo Act witJr higttGt degree of excetterrce andprofessionatisn (tiabte if mt file case before SSS ifctaim doubtful)o lmmunity of pubtic officers for the misfeasance of theirsubordinates is based on pubtic poticy; commandresponsibiti ty does mt aPPIYo Regular and probationary emptoyees have security oftenure; Temporary emptoyees and irntigibte appointeeshave rrc security of tenurer Classified as eitlmr career or non'career; Officers withfixed term arc rxrn-carer

,

Public Officeo Qualifications of Officers: rational connection behrenoffice and qualifications; constitutonat and statutoryo De Jure Officer: ratid appointrnent; possesses allquatifications; has quatified to office; entitled to sataryo Usurper: takes possession vyithout arry cotor of right orauthority. De Facto Officer: acquiescence or reputaton; notcomptied with precedent requirements; not possess altqualifications; want of povBr on part of appointingauthority; enabling taw lat6r declared urconstituuonal


3/12

Public Office. 0{ficer wtro dirharges functions e\,n if not quatified isde facto officer; de facto when promotion voided sirrceemptoyee had a pending administ'ative case; de factoentitled to satary during period ol rrvice; After de jureofficer is appointed, not entitledo Nepotism applies wlthout regartl lo qualificaUons ofappointeeo Corporate secretary is a primarily confidentiat position;Driver and rank-and-file emptoyerx of PAGCOR notconfidential emptoyees

Public Office. lncompatible Office: Prohibited to hotd any other officeor employment during the term; PCGG chair and CPLC. A{uttiple PosiUons: Legal Officer nt Urban SetflementOffice and at the sarne time menrber of Peopte,s LawEnforcenrent Board; a rnember ot'PNP atrc appointed. chief judicial staff officerr Forbidden Office: Prohibited tc be appointed to anyoffice created or emotu'ments thr:reof increased duringterm for which officer qlecGd


4/12

Appoi ntment/ Te?mi nation. Po\ rer to appoint is dirreUonaryo Designation is not an appointment; only imposition ofadditionat functionso Not att presidental appointments are subject toconfirmation by Commission on Appointments; regularand ad interim, permanent or temporary/ ac6ng. No midnight appointment if atready dischar$ng dutiesfor a year and in an acting capacity; ban not apply to SCJustices. An appoinunent not submitted to CSC for approval didnot becorne effective

Appointment/ Terminationo Att public officers are prohibited from engaging inprivate practjce; canmt practice ttrir profession duringincumbency and for 'l year before the office with whichofficer was connectedo ResignaUon can be withdrqwn before acceptane;Courtesy resignation is vatid (must be voluntary); even ifresigned, can s6lt be held 6dministrativety tiableo Standard for reclassificatiqn is official designation ofirrcumbents

4


5/12

Appointment/ Termination. ln a reassigmnent, tlere should be' no denntion; noreduction in rank, status or salaris. Crovernrnent empl.oyee apsent wiurout leave for at teast30 days may be dropped form rolls without prior mticeard hearingr No abandonment when official conUnued to dirhargethe dufes. A public officer wtp vacates ttrer position and is replacedcanmt ask for rei nstaternent

Appoi ntment/ Termri nationo \hlid Abolition of Office: not bad faith when ERCretained some furrctom of ERB and has expandedfurrfions; if same furrtions, abotition mt vatido Removal of a govefoment emptolce as a resutt of a bonafide reorganization is vqlid. Threat of abolition of qffice if enployee does not resigna.ld misled into transfeJring which was not acted uponamounts to rermval


6/12

Compensation/ Benefitso Basis: No service = No payo Authority: Benefits must be authorized by law orregutatiorx; approvat by qoard of Directors aloneinsufficient; no vested right if erroneous appticaUon oflaw; academic freedom mt grant of unbridled authqrityo Douue Compensation: Ttpre is douue compensat'onwhen NEA officiats designated as officials of etectriccooperatirres receive salaries from NEA and atto\,'rancesfrom the electric cooperativ,es; emptoyees getseparation pay and retirement benefits; a

supplenrntary retirement ptan is prohibited underRe6rementlaw t7

Compensation/ Benefits. GOCC Directors cannot receive compensation in additionto per diems; Pub{ic officers entitled to per diem notenUtted to other fringe benefits. System of lncentives mt anatfiema to corrcept of pnrblicaccountabitity. Representation and Transportation Allowance is distinct

from salaryo Emptoyees affected by privatization and urere qualifiedto retire by law are enUtfpd to retirement Mits

6


7/12

t

Compensation/ Benefitso Retirement benefits cannot be withheld to ansaer forliabitity to got/ernmenq before set-off can take place,empto),ee must admit indgbtedness to 8d\mrterit; mretirenrent benefits if nol actualty redred; exemptedfrom executionr Reallocation of position resulting in dorvngradirB ofsalary violativra of poticy of mn-diminufion of pay. Crovemmert employees canmt gO on strike

Compensation/ Benefits. Miry the appeal of a dccirioo, emptoyecs entitlcd totlpir salarieso Pr.6tic Officers r,rfid recefue compensadon in good faithcanmt be ordered to reqtrn them


8/12

\Civil Service Cofimission. Enjoys fiscal autonomy (cannot impose condition to fundretease due to shortfatl in governmc.nt revenues). ilust confirm appointnrent if appointee meets all thequalificationso Appointing authority and appointees can appeal beforethe CSC; Governrnent employees questioning tlreirrernoval should file case with CSC, not courtso Determination of terminat leaves is a funcfion of CSC;

duty to examine accounts relative to said benefit isshared with COA

Civil Service Comrnission. Covers all civil service positions, career or non-career;o Covers officers in Career Executive Service appointed bythe President; Those appointed by tlre PCSO GercratManager and by Omhrdsman do not require careerservice etigibitity; only plesidentkrl appointees arecovered by career execqtive service and are required topossess career executiv$ service etigibilityo Pubtic School Teachers: poard of Professional TeacJnrsor CSC over Administratfve Cass for immoral,unprofessional or dishorpmble conduct; Ombudsmanover Administrative Casg!

I


9/12

Ombudsmano Has jurisdiction orrcr GOCCs created under CorporationCode or Special Law (taw not distirquish). vfater Distdcts are GOCCs; Their emptoyees may becharged with violation ofAnti'Graft Actr Has jurisdiction over adqinistratirae cases against locatetectirre officiatsr Has m jurisdiction over pfficers of RPN Charmel 9 sirrceit is not a GOCC (goverr{lFnt onty mimrity stlare)

o Ombr.rdsman has concunqnt jurisdiction with thePresidential Anti-Graft Cpmmission to investigaGoffenses

Civil Servler CSC has jr.risdicticn orcroffiordla-rar'tity' even if under its charter,'itbffi. warer Dsmcts Derng GOCCs@l:rdffiCorporatonsorganized utder crfrfr lr*rtcovered by Civit Service -_'-llr-*- - -'--:= '. A comptain initiated against a civil sfYir*Bneed not be subscribed and $/vorn to


10/12

Ombudsmano Omb,udsman has broad porvters to 'nforce its ountaction; course imptenrentation of order through properofficero Omtrudsman rrc autlprity to decide quesUom ofcomtihrtionatity; has authority to grnnt immunity in anyproceeding conducted by ito Ombudsman can impose, not just recomrnend, penattiesin administrative cases; removal as penatty inadministrative cases. Congress has po/ver to grant additional poarers toOmbudsman

E

Ombudsman. Althor4h Special Prosecutor has rank of DeputyOmbtdsman, SP mt necessarily have sarne pourcrs;Special Prosecutor canrot ptace an officer underpreventive suspension. Mministradve offenrs {o rot prescribe; civil action forrecoraery of itt-gotten ure.ilth imprescriptible; criminatactions prescribe; l -year-pan on administ aU\reinvestigaUon is directoryl resignation not warrantdismissat of administrativ.p case irnless forced to resignr Dismissal of criminal casg does not necessarily resu[t indismissal of administratiyp case; no douNe jeopardysince different quantum qf evidence

10


11/12

Dlsclpllnary Actlon. Hcads of gorrcrnnrent offices have originat disciptinaryiurisOictiin wtrlte CSC has appeltate lurisdiction. ProtecUon agaimt rernovat except for cause apolif topiiU"tio*w u,,O permanent emptoyees (ConsUuUondoes not distirguish). GrBrantee of security of tenure means emptoyee canrntbe disrnissed for causes other than those provlded bylaw and after due process; due pt'ocess extends

tocasual emploYees

Disclplinary Action. The po^rer to discipline is not detegabte; no unduedelegadon if confirmatory action of diriptiningauthority is required. tttegatty dismissed emptoyee entided to back wages;ernploltee wtp was not completely exonerated mtentitled to back wages; maximum period of back wages

is 5 years. l{o malice in disrnissal when employee took leavewithout seeing to it tha! appticaUon has been approved;no bad faith wten maygl disrnissed after CSC foundemfloyee was not quatihed; there is bad faith when CSCapprovat sought wtren qfoointment withdrawn

11


12/12

1ll'I

lmpeachment. Ody the Prcsidcnt, Vice-Prerident, tlE rrmbers of theSr.Prece Courtr the nlembers of ttre Consdtfionat

Comrnissions atd the Ompudsnan are irpeachableofflcers (Deputy Ombudsman exctuded). 1-year ban: lnidatim of an impeacfurrcnt complaintmeam the flllng of the complaint ard referral to theConmlttee on Justice

poli - agra lecture ppt - public officers.pdf

Documents