Accurate Reviewer.docx

8/9/2019 Accurate Reviewer.docx

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PUBLIC OFFICERSPUBLIC OFFICE AND OFFICERSPublic OfceDenition

A public ofce is the right, authority and duty created and conerred by law, by which

or a given period, either xed by law or enduring at the pleasure o the appointing power,an individual is invested with some portion o the sovereign unctions o the government,to be exercised by him or the benet o the public. (Mechem)

Purpose and Nature

A public ofce is created to eect the end or which government has been institutedwhich is the common good! not prot, honor, or private interest o any person, amily orclass o persons ("# A Am $ur %d ""&)

'ature () A public ofce is a public trust. (Art. *+, ec. , -& /onsti)(%) +t is a responsibility and not a right. (Morfe v. Mutuc)Eleents

() Must be created either by (a) the /onstitution, (b) the 0egislature, or (c) amunicipality or other body through authority conerred by the 0egislature!(%) Must possess a delegation o a portion o the sovereign power ogovernment, to be exercised or the benet o the public!(#) 1he powers conerred and the duties discharged must be dened, directly orimpliedly by the 0egislature or through legislative authority!(2) 1he duties must be perormed independently and without control o a

superior power other than the law!

Exception If the duties are those of an inferior or subordinate oce, createdor authorized by the Legislature and by it placed under the general control of asuperior oce or body;

(3) Must have some permanency and continuity

Note !his is not to be applied literally. !he "oard of #anvassers is a publicoce, yet its duties are only for a li$ited period of ti$e.

(c. 4arney v. 5aw6ins)

Public Ofcer !" Public Eplo#ent

7ublic employment is broader than public ofce. All public ofce is public

employment, but not all public employment is a public ofce.

8enerally, a position is a public ofce when it is created by law, with dutiescast upon the incumbent which involve the exercise o some portion o the sovereignpower, and in the perormance o which the public is concerned. 7ublic employment isa position which lac6s one or more o the oregoing elements.


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Public Ofce !" Public Contract

%ublic &ce %ublic #ontract

/reation

+ncident o sovereignty

9riginates rom will ocontracting parties

9b:ect

/arrying out o sovereignas well as governmentalunctions aecting evenpersons not bound by thecontract

9bligations imposedonly upon the personswho entered into thecontract

ub:ectMatter

1enure, duration,continuity

0imited duration

cope

;uties that are generallycontinuing andpermanent

;uties are very specicto the contract


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A$caoili !" Su$uitan

1he upreme /ourt held that Agcaoili had not ceased to be a :ustice o thepeace by operation o Act 'o. #&. 1he egovia ruling was reiterated, i.e. Act 'o.#& should be given prospective eect only, as there was no express statementma6ing the law applicable retroactively.

Public Ofce not propert#

A public ofce is not the property o the public ofcer within the provision othe /onstitution against deprivation o property without due process o law or within anagreement in a treaty not to impair the property or rights o private individuals.

Exceptions

() +n Buo warranto proceedings relating to the Buestionas to which o % persons is entitled to a public ofce

(%) +n an action or recovery o compensation accruing by virtue o

the public ofce

Corne&o !" 'abriel

;ue process is violated only i an ofce is considered property. 5owever, apublic ofce is not property within the constitutional guaranties o due process. +t is apublic trust or agency. As public ofcers are mere agents and not rulers o the people,no man has a proprietary or contractual right to an ofce. =very ofcer accepts ofcepursuant to law and holds ofce as a trust or the people whom he represents.(be)a v. !anada

7ublic ofce being personal, the death o a public ofcer terminates his right tooccupy the contested ofce and extinguishes his counterclaim or damages. 5is widowandCor heirs cannot be substituted in the counterclaim suit.

(odes o) Creation o) Public Ofce

() by the /onstitution(%) by statute C law(#) by a tribunal or body to which the power to create

the ofce has been delegated

Scope and E*tent o) Po+er o) le$islature

8='=>A0 >?0= 1he creation o a public ofce is primarily alegislative unction.

Exceptions () where the ofces are created by the

/onstitution! (%) where the 0egislature delegates such power.

Dele$ation o) po+er to create public ofce

* +hat is the eect -here an oce is created pursuant to illegally delegatedpo-ers

A 1he ofce would have no existence.


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U"S"," !" Board o) ,a* Appeals

1he authority given to the 7resident to DreorganiEe within one year thedierent executive departments, bureaus and other instrumentalities o the8overnmentD in order to promote efciency in the public service is limited in scope and

cannot be extended to other matters not embraced therein. 1hereore, an executiveorder depriving the /ourts o First +nstance o :urisdiction over cases involving recoveryo taxes illegally collected is null and void, as /ongress alone has the Dpower to dene,prescribe and apportion the :urisdiction o the various courts.D

(et%ods o) Or$ani-in$ ofces

./0 Sin$le1%ead2 one %ead assisted b# subordinates" S+i)ter decision andactions but a# soeties be %astil# ade"

(%) Board S#ste2 collegial body in ormulating polices and implementing

programs. Mature studies and deliberations but may be slow inresponding to issues and problems.

(odication and Abolition

8='=>A0 >?0= 1he power to create an ofce includes the power to modiy or

abolish it. (i.e., this is generally a legislative unction)

=*/=71+9'

()


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A public ofcer is one who perorms public unctions C duties o government by virtue

o direct provision o law, popular election, or appointment by competent authority. 5isduties involve the exercise o discretion in the perormance o the unctions o thegovernment, and are not o a merely clerical or manual nature. (/ee /ec. 3 4567, E.&. 383)

Note 9or the purpose of applying the provisions of the :evised %enal

#ode, e$ployees, agents, or subordinate ocials, of any ran or class,-ho perfor$ public duties in the govern$ent or in any of its branchesshall be dee$ed as public ocers.Illustrations

H +n the case o Maniego v. 7eople, a laborer who was in charge o

issuing summons and subpoenas or trafc violations in a :udgeIssala was convicted or bribery under >7/ %#. 1he court held thateven temporary perormance o public unctions is sufcient toconstitute a person as a public ofcial.

H +n the case o 7eople v. 7aloma, a sorter and ler o moneyorders in the AuditorIs 9fce o the 4ureau o 7osts was convictedor indelity in the custody o documents. 1he court pointed out

that the sorting and ling o money orders in the 4ureau o 7osts isobviously a public unction or duty.

+ho are not considered public ocers

H pecial policemen salaried by a private entity and patrolling only the premises osuch private entity (Manila 1erminal /o. v. /+>)!

H /oncession orest guards (Martha 0umber Mill v. 0agradante)!

H /ompany cashier o a private corporation owned by the government (1anchoco

v. 8+)

(a# a person be copelled to accept a public ofce7

8='=>A0 >?0= '9.

=*/=71+9'

()


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that they are empowered to act. 1here must be a delegation o such authority, eitherexpress or implied. +n the absence o a valid grant, they are devoid o power.

Classication o) Public Ofces and Public OfcersCreation

() /onstitutional(%) tatutory

Public Bod# Ser!ed

() 'ational(%) 0ocal

Departent o) $o!ernent to +%ic% t%eir )unctions pertain

() 0egislative(%) =xecutive(#) $udicial

Nature o) )unctions

() /ivil(%) Military

E*ercise o) 8ud$ent or discretion

() JuasiG:udicial(%) Ministerial

Le$alit# o) ,itle to ofce

() ;e $ure(%) ;e Facto

Copensation

() 0ucrative(%) 5onorary

DE FAC,O OFFICERSDe Facto Doctrine

* +hat is the de facto doctrine

( +t is the principle which holds that a person, who, by the proper authority, isadmitted and sworn into ofce is deemed to be rightully in such ofce until

(a) by :udicial declaration in a proper proceeding he is ousted thererom! or(b) his admission thereto is declared void.

* +hat is the purpose for the doctrine

( +t is to ensure the orderly unctioning o government. 1he public cannot aord tochec6 the validity o the ofcerIs title each time they transact with him.

De Facto Ofcer dened


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* +hen is a person a de facto ocer

A


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right, without beingtechnically Bualied in allpoints o law to act

5ow ousted

/annot be ousted.

9nly by a directproceeding (@uo-arranto7; not collaterally

Kalidity o ofcial acts

Kalid, sub:ect to exceptions(e.g., they were donebeyond the scope o hisauthority, etc.)

Kalid as to the public untilsuch time as his title to theofce is ad:udgedinsufcient.

>ule on/ompensation

=ntitled to compensationas a matter o right!

1he principle o Dno wor6,no payD is not applicable tohim.

=ntitled to receivecompensation only duringthe time when no de :ureofcer is declared!5e is paid only or actualservices rendered by him.

Ofcer De Facto !" Intruder

2e 9acto Intruder

'ature

9fcer under any o the 2circumstances discussedunder 7art ++ (above).

9ne who ta6es possessiono an ofce and underta6esto act ofcially without anyauthority, either actual orapparent

4asis o authority

/olor o right or title toofce

'one. 5e has neitherlawul title nor color oright or title to ofce.

Kalidity o DofcialD acts

Kalid as to the public untilsuch time as his title to the


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ofce is ad:udgedinsufcient

Absolutely void! they canbe impeached at any timein any proceeding (unlessand until he continues toact for so long a ti$e as toaord a presu$ption of his

right to act)

>ule oncompensation

=ntitled to receivecompensation only duringthe time when no de :ureofcer is declared!5e is paid only or actualservices rendered by him.

'ot entitled tocompensation at all.

* #an an intruder A usurper ripen into a de facto ocer

A Les. egala v. $udge o /F+)!

H A lawyer instructed by the Acting 7rovincial 8overnor to le an inormation or homicide,where the latter had no authority to designate him as assistant scal, and where the ;9$had not authoriEed him to act as such (7eople v. 7enesa)!

H A thirdGran6ing councilor who is designated to act as mayor by an ofcer other than theproper appointing authority prescribed by law, and lac6ing the consent o the 7rovincial4oard (/odilla v. MartineE)


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E*aples o) t%ose not considered as De Facto Ofcers

H A :udge who has accepted an appointment as nance secretary and yet rendersa decision ater having accepted such appointment (0una v. >odrigueE)!

H A :udge whose position has already been abolished by law, and yet promulgates

a decision in a criminal case ater the abolition and over the ob:ection o the scal(7eople v. o)

Le$al E?0= 1he title o a de acto ofcer and the validity o his acts cannot be collaterallyBuestioned in proceedings to which he is not a party, or which were notinstituted to determine the very Buestion.

>=M=;L Juo warranto proceedings

epublic o the 7hilippines, represented by

(a) the olicitorG8eneral! or(b) a public prosecutor

Nueno !" An$eles

+n this case, there were our (2) petitioners see6ing to oust six (") 4oard Members.

1he /ourt held that this could not be done unless all 2 o them were entitled to theofces o the ".

Liabilities o) De Facto Ofcers

H 1he liability o a de acto ofcer is generally held to be the same degree oaccountability or ofcial acts as that o a de :ure ofcer.

H 1he de acto ofcer may be liable or all penalties imposed by law or any o the

ollowing acts

(a) usurping or unlawully holding ofce!


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(b) exercising the unctions o public ofce without lawul right!(c) not being Bualied or the public ofce as reBuired by law.

H 1he de acto ofcer cannot excuse his responsibility or crimes committed in his

ofcial capacity by asserting his de acto status.

ELI'IBILI,> AND ?UALIFICA,IONSDenition

H =ligibility, which is the term usually used in reerence to the /ivil ervice 0aw, reersto the endowment C reBuirement C accomplishment that ts one or a public ofce.

H Jualication generally reers to the endowment C act which a person must do beore

he can occupy a public ofce.

Po+er to Prescribe ?ualications

8='=>A0 >?0= /ongress is empowered to prescribe the Bualications or holding

public ofce, sub:ect to the ollowing restrictions

H /ongress cannot exceed its constitutional powers!

H /ongress cannot impose conditions o eligibility inconsistent withconstitutional provisions!

H 1he Bualication must be germane to the position (Dreasonable relationDrule)!

H /ongress cannot prescribe Bualications so detailed as to practically amountto ma6ing an appointment. (0egislative appointments are unconstitutional andthereore void or being a usurpation o executive power.)!

H illoraEa)!H A proviso which limits the choices o the appointing authority to only one

eligible, e.g. the incumbent Mayor o 9longapo /ity (Flores v. ;rilon)!

H A legislative enactment abolishing a particular ofce and providing or theautomatic transer o the incumbent ofcer to a new ofce created (contemplatedin Manalang v. Juitoriano)!


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H A provision that impliedly prescribes inclusion in a list submitted by the=xecutive /ouncil o the 7hil. Medical Association as one o the Bualications orappointment! and which connes the selection o the members o the 4oard oMedical =xaminers to the % persons included in the list (/uyeg6eng v. /ruE) !

(analan$ !" ?uitoriano

/ongress cannot either appoint a public ofcer or impose upon the 7resident the duty toappoint any particular person to an ofce. 1he appointing power is the exclusive prerogative othe 7resident, upon which no limitations may be imposed by /ongress, except those resultingrom

() the need o securing the concurrence o the /ommission on Appointments!

and(%) the exercise o the limited legislative power to prescribe the

Bualications to a given appointive ofce.

Cu#e$=en$ !" Cru-

1he power o appointment vested in the 7resident by the /onstitution connotes necessarilya reasonable measure o reedom, latitude, or discretion in the exercise o the power to choose

appointees.Flores !" Drilon


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H #3 years old at time o appointmentH /7A with Q year o auditing experience orH 4ar member engaged in practice o law or at least yearsH 'ot have been candidates or elective position in elections immediately preceding

appointment#ayetano v. Monsod 7ractice o law means any activity, in or out o court,

which reBuires the application o law, legal procedure,6nowledge, training and experience. 8enerally, topractice law is to give notice or render any 6ind oservice which reBuires the use in any degree o legal6nowledge or s6ill.

A:uino !" CO(ELEC2 Residenc# o) not less t%an / #ear prior to t%e

elections )or t%e position o) Con$ressan" Inelection la+@ residence re)ers to doicile@ i"e" t%eplace +%ere a part# actuall# or constructi!el#%as %is peranent %oe@ +%ere %e intends toreturn" ,o success)ull# e


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;esignation Appointment

;enition

+mposition o additionalduties upon an existingofce

election o an individualto occupy a certainpublic ofce by oneauthoriEed by law toma6e such selection

=xtent o 7owers

0imited

/omprehensive

ecurity o tenureR

'o.

Les.


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H 9fcers o the armed orces rom the ran6 or colonel or naval captain(ibid)!

H 9ther ofcers whose appointments are vested in him by the /onstitution(ibid), including /onstitutional /ommissioners (Art. +*G4, ec. (%) or //!Art. +*G/, ec. (%) or /9M=0=/! Art. +*G;, ec. (%) or /9A).

* +ho can the %resident appoint -ithout the need for #( approval( All other ofcers o the government whose appointments are not otherwiseprovided or by law!

H 1hose whom he may be authoriEed by law to appoint!

H Members o the upreme /ourt!

'ote 1o be appointed rom a list o at least # nominees prepared by

the $udicial and 4ar /ouncil (Art. K+++, ec. -, -& /onst.)

H $udges o lower courts!

'ote 1o be appointed rom a list o at least # nominees prepared by

the $udicial and 4ar /ouncil (Art. K+++, ec. -, -& /onst.)

H 9mbudsman and his deputies

'ote 1o be appointed rom a list o at least " nominees prepared bythe $udicial and 4ar /ouncil, and rom a list o # nominees or everyvacancy thereater (Art. *+, ec. -, -& /onst.)

* 2oes the %resident have the po-er to $ae appoint$ents -hen#ongress is in recess

( Les. 5owever, such appointments shall be eective only until

() disapproval by the /ommission on Appointments! or(%) the next ad:ournment o the /ongress (ec. ", Art. K++, -&

/onst.)

* +hat is the eectivity of appoint$ents extended by an (cting%resident( uch appointments shall remain eective unless revo6ed by theelected 7resident within - days rom his assumption or reassumptiono ofce. (ec. 2, Art. K++, -& /onst.)

?ualication Standards and Re:uireents under t%e Ci!il Ser!ice La+

*uali


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service eligibility, and physical characteristics andpersonality traits reBuired by the :ob. (ec. %, >ule +K,9mnibus >ules)

H ule +K,

9mnibus >ules)

H 1heir establishment, administration, and maintenance shall be theresponsibility o the department C agency, with the assistance and approvalo the // and in consultation with the ules)

H hall be established or all positions in the st and %nd levels (ec. , >ule

+K, 9mnibus >ules)!

Political ?ualications )or an Ofce

8='=>A0 >?0= 7olitical Bualications are not reBuired or public ofce.

Exceptions () Membership in the electoral tribunals o either the5ouse o >epresentatives or enate (Art. K+, ec. &,-& /onst.)!

(%) 7artyGlist representation!

(#) /ommission on Appointments!

(2) Kacancies in the anggunian (ec. 23, 0ocal

8overnment /ode)

Propert# ?ualications+n the cases o MaBuera v. 4orra and Aurea v. /9M=0=/, the upreme /ourt struc6

down >.A. 22% which reBuired candidates or national, provincial, city and municipal ofces topost a surety bond eBuivalent to the oneGyear salary or emoluments o the position to which heis a candidate, which shall be oreited in avor o the govt. concerned i the candidate ails toobtain at least T o the votes cast.


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U Appointment is an essentially discretionary power and must be perormed by theofcer in which it is vested according to this best lights, the only condition being thatthe appointee should possess the Bualications reBuired by law. (0apinid v. //)

U 1he only unction o the // is to review the appointment in the light o thereBuirements o the /ivil ervice 0aw, and when it nds the appointee to be Bualiedand all other legal reBuirements have been otherwise satised, it has no choice but to

attest to the appointment. +t cannot order the replacement o the

appointee simply because it considers another employee to be better Bualied.(0apinid v. //)

U 1o hold that the /ivil ervice 0aw reBuires that any vacancy be lled by promotion,transer, reinstatement, reemployment, or certication in that order would betantamount to legislative appointment which is repugnant to the /onstitution. 1hereBuirement under the /ivil ervice 0aw that the appointing power set orth the reasonor ailing to appoint the ofcer next in ran6 applies only in cases o promotion and notin cases where the appointing power chooses to ll the vacancy by transer,reinstatement, reemployment or certication, not necessarily in that order. (7ineda v./laudio)

U 1he // is not empowered to change the nature o the appointment extended by theappointing ofcer, its authority being limited to approving or reviewing theappointment in the light o the reBuirements o the /ivil ervice 0aw.


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A completed appointment vests a legal right. +t cannot be ta6en away =*/=71 orcause, and with previous notice and hearing (due process).

(idni$%t appointents

A 7resident or Acting 7resident is prohibited rom ma6ing appointments % months

immediately beore the next presidential elections and up to the end o his term. (Art. K++, ec.3, -& /onst.)Exception 1emporary appointments to executive positions when continued

vacancies therein will pre:udice public service or endanger publicsaety.

ASSU(P,ION AND ,ER( OR ,ENURE OF OFFICE?ualication to OfceAppointent and ?ualication to Ofce Distin$uis%ed

Appointment and Bualication to ofce are separate and distinct things. Appointment is

the act o being designated to a public ofce by the appointing authority. Jualication is theact o signiying oneIs acceptance o the appointive position. 1his generally consists o theta6ing C subscribing C ling o an ofcial oath, and in certain cases, o the giving o an ofcialbond, as reBuired by law. (Mechem)

'o one can be compelled to accept an appointment.Lacson v. :o$ero

1he appointment to a government post involves several steps () the 7resident

nominates! (b) the /ommission on Appointments conrms the appointment! and (c) theappointee accepts the appointment by his assumption o ofce. 1he rst % steps are mereoers to the post but the last step rests solely with the appointee who may or may notaccept the appointment.

"orro$eo v. MarianoA :udge may not be made a :udge o another district without his consent. Appointment

and Bualication to ofce are separate and distinct things. Appointment is the sole act othe appointee. 1here is no power which can compel a man to accept the ofce.

E


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Exception + the nonGassumption o ofce is due to a cause

beyond his control.

H Jualication is signicant because it designates when security o tenure begins.

Oat% o) Ofce

H An oath is an outward pledge whereby one ormally calls upon 8od to witness to the trutho what he says or to the act that he sincerely intends to do what he says.

H Although the law usually reBuires the ta6ing o an oath, it is not indispensable. +t is a mere

incident to the ofce and constitutes no part o the ofce itsel. 5owever, the 7resident, KiceG7resident and Acting 7resident are reBuired by the /onstitution (Art. K++, ec. 3) to ta6e anoath or afrmation beore entering into the execution o their ofce. uch oathGta6ing ismandatory.

* +ho are authorized to ad$inister oaths

( () 'otaries public!

(%) $udges! (#) /ler6s o court!

(2) ecretary o 5ouse C enate! (3) ecretary o =xec. ;epartments! (") 4ureau ;irectors! (&) >egister o ;eeds! () 7rovincial governors! (-) /ity mayors! () Municipal mayors!

() Any other ofcer in the service o the government o the 7hilippineswhose appointment is vested in the 7resident!

(%) Any other ofcer whose duties, as dened by law or regulation,reBuire presentation to him o any statement under oath

* +ho are obliged to ad$inister oaths in all instances, and not )ust in $atters ofocial business

( () 'otaries public! (%) Municipal :udges!

(#) /ler6s o court

,ie o) ,a=in$ t%e Oat% o) Ofce

A public ofcer must ta6e his oath o ofce beore entering upon the discharge o hisduties.

Re:ualication

+ a public ofcer is reGelected or reGappointed, he must ta6e another oath and ulll theother condition precedents beore assuming ofce. 1he oath and other Bualications madeprior to assumption o his previous ofce will not be valid or subseBuent terms o ofce.

'i!in$ o) BondsPersons re:uired to $i!e bond

* +ho are the public ocers generally re@uired to give a bond( () Accountable public ofcers or those to whom are entrusted the collection and

custody o public money!


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(%) 7ublic ministerial ofcers whose actions may aect the rights and interests o

individuals.1he bond is in the nature o an indemnity bond rather than a penal or oreiture bond.

1he bond is also an obligation binding the sureties to ma6e good the ofcer@s

deault. +t is reBuired not or the benet o the ofce holder, but or the protection othe public interest and is designed to indemniy those suering loss or in:ury by reasono misconduct or neglect in ofce.

E


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/ongress can legally and constitutionally ma6e the tenure o certain ofcials

dependent upon the pleasure o the 7resident. (Alba v. =vangelista)


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POERS AND DU,IES OF PUBLIC OFFICERSSource o) 'o!ernent Aut%orit#2 1he people, the sovereignty.Scope o) Po+ers o) a Public Ofcer

Lo #ha$ v. &ca$po1he duties o a public ofce includes all those which truly are within its scope

() those which are essential to the accomplishment o the main purpose orwhich the ofce was created! or

(%) those which, although incidental or collateral, are germane to and serve topromote the accomplishment o the principal purpose.

,erritorial E*tent o) Po+ers o) Public Ofcer

8='=>A0 >?0=


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the act done (0amb v. 7hipps)

Can be dele$ated7

8enerally, '9.

=xception


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balances ound by them to be due, is not merely ministerial but :udicial anddiscretionary. Mandamus will thereore not issue.

!orres v. :ibo

1he powers o the 4oard o /anvassers are BuasiG:udicial and thereore

discretionary.(prueba v. Banzon

Mandamus will not issue to control or review the exercise o discretion o a public

ofcer where the law imposes on him the right or duty to exercise :udgment inreerence to any matter in which he is reBuired to act.

1he privilege o operating a mar6et stall under license is not absolute but revocable

under an implied lease contract sub:ect to the general welare clause.

Mandamus never lies to enorce the perormance o contractual obligations.

Miguel v. 1ulueta

7ublic ofcers may properly be compelled by mandamus to remove or rectiy an

unlawul act i to do so is within their ofcial competence.

* +hen -ill the -rit of $anda$us issue(

H 1o correct a gross abuse o discretion, a palpable excess o authorityresulting in maniest in:ustice (8esolgon v. 0acson)!

H


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Exceptions

()


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RI',S AND PRI3ILE'ES OF PUBLIC OFFICERSRi$%t to Ofce

1he right to ofce is the right to exercise the powers o the ofce to the exclusion o others.

Ri$%t to Salar# or Copensation8='=>A0 >?0=

U A public ofcer is not entitled to compensation or services rendered under an

unconstitutional statute or provision thereo.Exception + some other statute provides otherwise.

U + no compensation is xed by law, the public ofcer is assumed to have acceptedthe ofce to serve gratuitously.

U Ater services have been rendered by a public ofcer, the compensation thus

earned cannot be ta6en away by a subseBuent law. 5owever, he cannot recoversalary or a period during which he perormed no services.

U 9ne without legal title to ofce either by lawul appointment or election and

Bualication is not entitled to recover salary or compensation attached to theofce.

U 9ne who intrudes into or usurps a public ofce has no right to the salary or

emoluments attached to the ofce.

Copensation not an eleent o) public ofce

/ompensation is not indispensable to public ofce. +t is not part o the ofce butmerely incident thereto. +t is sometimes expressly provided that certain ofcers shall receiveno compensation, and a law creating an ofce without any provision or compensation may

carry with it the implication that the services are to be rendered gratuitously.Salar#@ a$es@ and Per Dies Dened and Distin$uis%ed

alary timeGbound


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1he salary or emoluments in public ofce are not considered the proper sub:ect obarter and sale. (%% >./.0. 32)

A$reeents A


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* 2ierentiate the 3 inds of allo-ances.

#o$$utable :ei$bursable8iven by virtue o the position 1he public ofcer must presentwhether or not he incurred a receipt or certication under

expenses or which the allowance oath that such amount was spentis given. >eceived as a matter in order that the public ofcero right. may recover the money spent.1here is a conclusive presumptionthat it was spent.

:CLE/U 7ensions C gratuities are not considered as additional, double, or indirect

compensation. (ec. , Art. +*G4, -& /onstitution)

U 4y its very nature, a bonus parta6es o an additional remuneration orcompensation. (7eralta v. Auditor 8eneral)

U An allowance or expenses incident to the discharge o the duties o ofce is not

an increase o salary, a perBuisite, nor an emolument o ofce. (7eralta v. AuditorG8eneral)

Can Public Ofcer Reco!er Salar# )or Period o) Suspension7

>?0=

U + preventively suspended '9, he cannot recover salary.

4?1 + he is subseBuently exonerated, he can recover salary or the period o his preventive suspension.

U + he was given penalty oremoval rom ofce, but was L=, he can recover becausecompletely exonerated upon he was completely exonerated.appeal

U + he was given penalty oremoval rom ofce, but his '9, because he was still oundpenalty was commuted rom guilty although the penalty wasremoval to mere suspension, reduced.or demotion

U + the suspension C removal

rom ofce is un:ustied L=.

* In su$$ary, -hen can pay$ent of salaries corresponding to the period-hen an e$ployee -as suspended be allo-ed

A ()


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4aguio)

AD(INIS,RA,I3E DISCIPLINEO!er Presidential Appointees

&lonan v. #/#

Administrative charges were led against the 7?7 7resident and other ofcers or violations o>A #- with the //. 9lonan et.al. led a motion to dismiss the complaint contending principally thatthe // has no :urisdiction to try and decide the case against her, she being a presidential appointee.1he /A upheld 9lonan@s contention. 1here is nothing in the provisions o the /onstitution or theAdministrative /ode o -& which gives the // the power to discipline presidential appointees li6epetitioner herein. ec. 2&(), 4oo6 K o =9 %-% which provides that Wa complaint may be led directlywith the // by a private citiEen against a government ofcial or employee in which case it may hearand decide the caseX must be read together with ec. 2 which is entitled W7rocedure in Administrative/ases Against 'onG7residential Appointees.X 1he very sub:ect o ec. 2 implicitly limits the scope othe //@s :urisdiction in administrative cases to nonGpresidential appointees and ma6es patent theconclusion that the disciplinary authority over presidential appointees lies elsewhere Y the 7resident asappointing power himsel.

Po+er to Appoint Iplies t%e Po+er to Reo!e; E*ceptions

a) $ustices o the upreme /ourt (by impeachment)b) Members o /onstitutional /ommissions (by impeachment)c) 9mbudsman (by impeachment)d) $udges o inerior courts (disciplinary or removal power vested

in the upreme /ourt)"onifacio /ans Maceda v. >as@uez

A :udge who alsies his /erticate o ervice is administratively liable to the / or seriousmisconduct and inefciency under ec. , >ule 2 o the >ules o /ourt and criminally liable to thetate under the >evised 7enal /ode or his elonious act.


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H 9riginal complaints may be led (a) directly with the // or (b) with the ecretaries and heads oagencies and instrumentalities, provinces, cities and municipalities or ofcers and employeesunder their :urisdiction.

H ;ecisions o ecretaries and heads o agencies and instrumentalities, provinces, cities and

municipalities shall be nal in case the penalty imposed is suspension or not more than thirty daysor ne in an amount not exceeding thirty days@ salary.

H +n case the decision rendered by a bureau or ofce head is appealable to the /ommission, thesame may be initially appealed to the department and nally to the /ommission and pendingappeal, the same shall be executory except when the penalty is removal, in which case the sameshall be executory only ater conrmation by the ecretary concerned.

H ;ecisions imposing the penalty o suspension or more than thirty days or ne in an amount

exceeding thirty days@ salary, demotion in ran6 or salary or transer, removal or dismissal romofce shall be appealable to the //.

%rocedure in (d$inistrative #ases (gainst Non%residential (ppointees

Administrative proceedings may be commenced against a subordinate ofcer or employee bythe ecretary or head o ofce o eBuivalent ran6, or head o local government, or chies o agencies,or regional directors, or upon sworn written complaint o any other person.

For coplaints led b# an# ot%er personH /omplainant shall submit sworn statements covering his testimony and those o his witnesses

together with his documentary evidence.H + based on such papers a prima acie case is ound not to exist, the disciplining authority shall

dismiss the case. 9therwise, he shall notiy the respondent in writing o the charges against thelatter.

H >espondent shall be allowed not less than seventyGtwo hours ater receipt o the complaint to

answer the charges in writing under oath, together with supporting sworn statements anddocuments. 5e shall also indicate whether or not he elects a ormal investigation i his answer isnot considered satisactory.

H + the answer is ound satisactory, the disciplining authority shall dismiss the case.H Although a respondent does not reBuest a ormal investigation, one shall nevertheless be

conducted when rom the allegations o the complaint and the answer o the respondent, includingthe supporting documents, the merits o the case cannot be decided :udiciously withoutconducting such an investigation.

H 1he decision shall be rendered by the disciplining authority within thirty days rom the termination

o the investigation or submission o the report o the investigator, which report shall be submittedwithin teen days rom the conclusion o the investigation.

H =ither party may avail himsel o the services o counsel and may reBuire the attendance o

witnesses and the production o documentary evidence in his avor through the compulsoryprocess o subpoena or subpoena duces tecum.

Appeals and Petition )or ReconsiderationH Appeals, where allowable, shall be made by the party adversely aected by the decision within

teen days rom receipt o the decision unless a petition or reconsideration is seasonably led,which petition shall be decided within teen days.

H A petition or reconsideration shall be based only on any o the ollowing grounds


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(a) new evidence has been discovered which materially aects the decision rendered!(b) the decision is not supported by the evidence on record! or(c) error o law or irregularities have been committee which are pre:udicial to the interests othe respondent.

H 9nly one petition or reconsideration shall be allowed.

Mendez v. #ivil /ervice #o$$ission1he remedy o appeal in civil service cases may be availed o only in a case where

respondent is ound guilty o the charges against him. 4ut when the respondent is exoneratedo said charges, as in this case, there is no occasion or appeal. 7; & shows that it does notcontemplate a review o decisions exonerating ofcers or employees rom administrativecharges. W7arty adversely aected by the decisionX in ection #- o the /ivil ervice 0aw reersto the government employee against whom case was led.

/u$$ary %roceedingsH 'o ormal investigation is necessary and the respondent may be immediately removed or

dismissed i any o the ollowing circumstances is present

()


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H A reprimand whether given by the /ivil ervice /ommission or the head o department or agency

shall be considered a penalty. 5owever, a warning or an admonition shall not be considered apenalty. (ec. 3 o the +mplementing /ivil ervice >ules and >egulations)

!obias v. >eloso

>eprimand is a penalty. +n this case, police chie is not entitled to bac6 wages as ec. "o the 7olice Act o -"" expressly provides that a suspended member o the police orce shallbe entitled to his salary or the period o his suspension upon exoneration. A reprimand is noteBuivalent to an exoneration. +t is more severe than an admonition, which is considered a mildrebu6e. A reprimand is administered to a person in ault by his superior ofcer or a body towhich he belongs. +t is an administrative penalty, although it may be slight orm opunishment.

NO,E A warning is an act or act o putting one on his guard! an admonition is agentle or riendly reproo or a mild rebu6e! while a reprimand is a ormal

and public censure or a severe reproo.:e$oval of (d$inistrative %enalties or 2isabilities

H +n meritorious cases and upon recommendation o the //, the 7resident may commute or remove

administrative penalties or disabilities imposed upon ofcers or employees in disciplinary cases,sub:ect to such terms and conditions as he may impose in the interest o the service.

O!er Electi!e OfcialsI$peach$entH A veried complaint may be led by any member o the 5ouse o >epresentatives or by any citiEen

upon a resolution o endorsement by any member thereo.H /omplaint shall be included in the 9rder o 4usiness within ten sessions days and reerred to the

proper /ommittee within three sessions days thereater.H 1he /ommittee, ater hearing, and by a ma:ority vote o all its members, shall submit its report to

the 5ouse within sixty session days rom such reerral, together with the correspondingresolutions. 1he resolution shall be calendared or consideration o the 5ouse within ten sessiondays rom receipt thereo.

H A vote o at least oneGthird o all the members o the 5ouse shall be necessary either to afrm a

avorable resolution with the Articles o +mpeachment o the /ommittee, or override its contraryresolution.

H +n case the veried complaint or resolution o impeachment is led by at least oneGthird o all the

members o the 5ouse, the same shall constitute the Articles o +mpeachment, and trial by theenate shall orthwith proceed.

H 1he enate shall have the sole power to try and decide all cases o impeachment.


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H 'o impeachment proceedings shall be initiated against the same ofcial more than once within aperiod o one year.

Local Electi!e Ofcials .Sec" 414@ Local 'o!ernent Code0'rounds )or Disciplinar# Actions

() ;isloyalty to the >epublic o the 7hilippines(%) /ulpable violation o the /onstitution(#) ;ishonesty, oppression, misconduct in ofce, gross negligence, or

dereliction o duty(2) /ommission o any oense involving moral turpitude or an oense punishable by

at least prision mayor(3) Abuse o authority(") ?nauthoriEed absence or teen (3) consecutive days, except in the case o members

o the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and

sangguniang barangay(&) Application or, or acBuisition o, oreign citiEenship or residence or the status o

an immigrant o another country() uch other grounds as may be provided in this /ode and other laws.

%rocedure457 >eri


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H 7reventive suspension may be imposed

a) 4y the 7resident i the respondent is an elective ofcial o a province,a highly urbaniEed or an independent component city!

b) 4y the governor i the respondent is an elective ofcial o a

component city or municipality! or

c) 4y the mayor i the respondent is an elective ofcial o thebarangay.

H 7reventive suspension may be imposed at any time ater the issues are :oined, when the evidence

o guilt is strong, and given the gravity o the oense, there is great probability that thecontinuance in ofce o the respondent could inZuence the witnesses or pose a threat to the saetyand integrity o the records and other evidence.

H 5owever, any single preventive suspension o local elective ofcials shall not extend beyond sixty

(") days.H Furthermore, in the event that several administrative cases are led against an elective ofcial, he

cannot be preventively suspended or more than ninety (-) days within a single year on the sameground or grounds existing and 6nown at the time o the rst suspension.

H ?pon expiration o the preventive suspension, the suspended elective ofcial shall be deemed

reinstated in ofce without pre:udice to the continuation o the proceedings against him, whichshall be terminated within one hundred twenty (%) days rom the time he was ormally notiedo the case against him.

Note 1he respondent ofcial preventively suspended rom ofce shall receive no salary

or compensation during such suspension! but upon subseBuent exoneration andreinstatement, he shall be paid ull salary or compensation including such emolumentsaccruing during such suspension.

Note 'o preventive suspension shall be imposed within ninety (-) days immediately

prior to any local election. + preventive suspension has been imposed prior to the -Gdayperiod immediately preceding local election, it shall be deemed automatically lited upon the

start o the aoresaid period.:ights of :espondent

1he respondent shall be accorded ull opportunity to appear and deend himsel in person or bycounsel, to conront and crossGexamine the witnesses against him, and to reBuire the attendance owitnesses and the production o documentary process o subpoena or subpoena duces tecu$.9or$ and Notice of 2ecisionH 1he investigation o the case shall be terminated within ninety (-) days rom the start thereo.H


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H ;ecisions in administrative cases may, within thirty (#) days rom receipt thereo, be appealed tothe ollowing

a) 1he sanggunian panlalawigan in the case o decisions o

() sangguniang panlungsod o component cities! and

(%) sangguniang bayan!

b) 1he 9fce o the 7resident in the case o decisions o

() the sangguniang panlalawigan!(%) the sangguniang panlungsod o highly urbaniEed cities!(#) the sangguniang panglungsod o independent component cities.

;ecisions o the 9fce o the 7resident shall nal and executory.Execution %ending (ppeal

An appeal shall not prevent a decision rom becoming nal or executory. 1he respondent shall

be considered as having been placed under preventive suspension during the pendency o an appealin the event he wins such appeal. +n the event the appeal results in an exoneration, he shall be paid hissalary and such other emoluments during the pendency o the appeal.

,ER(INA,ION OF OFFICIAL RELA,IONS(odes o) ,erination) =xpiration o 1erm or 1enure o 9fce

a) =nd o a xed termb) =nd o 7leasure where one holds ofce at pleasure o appointing authorityc) 0oss o condence in primarily condential employment

%) >eaching the age limit! >etirement#) 4ona de abolition o ofce2) Abandonment o ofce3) Acceptance o an incompatible ofce") >esignation&) >esignation) >emoval or cause-) 1emporary appointments@ termination) >ecall) +mpeachment%) 7rescription o right to ofce#) ;eath2) /onviction o crime where disBualication is an accessory penalty3) Filing o certicate o candidacy

") 7erormance o act or accomplishment o purpose or which the ofce was created

E*piration o) ,er or ,enure o) OfceEnd of 9ixed !er$H ?pon the expiration o the ofcer@s term, unless he is authoriEed by law to hold over, his rights,

duties and authority as a public ofcer must be ipso factoterminated.


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End o) pleasure +%ere one %olds ofce at t%e pleasure o) t%e appointin$ aut%orit#

(lba v. Evangelista

7resident can validly terminate tenure o Kice Mayor o >oxas /ity as the ofce was createdat the pleasure o the 7resident.


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Bray v. 2e >era

7resident appointed 8ray as 4oard secretary o the 7eople@s 5omesite and 5ousing/orporation but was later terminated through a board resolution due to loss o condence. /reversed ruling that 8ray@s appointment was a permanent one. Although the 7resident, =9 --,declared the position o secretary to the board o a government corporation Wprimarilycondential in nature,X it does not ollow that a board secretary whose appointment was

permanent may be removed rom ofce without a ormal charge speciying the ground orremoval and without giving him an opportunity to be head. uch removal was illegal sincethere was no lawul cause or removal.

4y declaring that the position is primarily condential in nature, the 7resident intended that

the position be lled by an appointee o unBuestioned honesty and integrity. 1he act o 8ray inreporting the board@s act o mismanagement and misconduct was in consonance with thehonesty and integrity reBuired or the position.

#ario v. (##9(

/ reversed termination o lawyers who were appointed as permanent employees o A//FA.

1hat petitioners@ positions are primarily condential is immaterial. 1he /onstitution merelyexcepts primarily condential positions rom the coverage o Wthe rule reBuiring appointmentsin the civil service to be made on the basis o merit and tness as determined rom the

competitive exams,X but does not exempt such positions rom the operation o the principlethat no ofcer or employee in the civil service shall be removed or suspended except or causeas provided by law, which recogniEes no exception.

Reac%in$ t%e A$e Liit; Retireent#onditions for entitle$ent to retire$ent bene


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C% "oard of :egents v. (uditor Beneral

A 49> resolution extended the services o a ?7 proessor or another year. +n the same year,he reached the age o "3. 1he Auditor 8eneral Buestioned the legality o the resolution arguingthat the services rendered ater the compulsory retirement age were illegal and that he wasnot entitled to compensation. / upheld Auditor 8eneral ruling that as government employees,?7 proessors are compulsorily covered by the >etirement 0aw which creates a uniorm

retirement system or all members o the 8+.:abor v. #/#

At the age o 33, >abor was hired as a government employee at the ;avao /ity Mayor@s9fce in -&. +n --, he was advised to apply or retirement. 5e was already " years oldwith # years o service. 5e reBuested that his services be extended in order that he maycomplete the 3Gyear service reBuirement. 1his was denied and >abor claimed that thedoctrine enunciated in /ena v. // should be applied in his case.

/ ruled that the /ena doctrine is not applicable. // Memo /ircular 'o. %&, s. o --

cited in the decision in /ena v. //, provides that Wany reBuest or the extension o service ocompulsory retirees to complete the 3Gyear service reBuirement or retirement shall beallowed only to permanent appointees in the career service who are regular 8+ members,and shall be granted or a period not exceeding one () year.X /ena urther stated that the

authority to grant the extension was a discretionary one vested in the head o the agencyconcerned. 1o reiterate, the head o the government agency concerned is vested withdiscretionary authority to allow or disallow extension o service o an employee who hasreached "3 years old without completing 3 years o government service! this discretion to beexercised conormably with // Memo /ircular 'o. %&, s. o --.

Bona Fide Abolition o) OfceH As a general rule, absent some /onstitutional prohibition, /ongress may abolish any ofce it

creates without inringing upon the rights o the ofcer or employee aected.H 1o consider an ofce abolished, there must have been an intention to do away with it wholly and

permanently.

H 1ermination by virtue o the abolition o the ofce is to be distinguished rom removal. 1here can beno tenure to a nonGexistent ofce. Ater the abolition, there is in law no occupant. +n case oremoval, there is an ofce with an occupant who would thereby lose his position. +t is in that sensethat rom the standpoint o strict law, the Buestion o any impairment o security o tenure whenthere is an abolition o ofce does not arise. 1he right itsel disappeared with the abolished ofceas an accessory ollowing the principal.

"usacay v. "uenaventura

4usacay was laid o as toll collector when the bridge was destroyed. 5owever, the bridgewas later reconstructed and opened to the public with a new collector being appointed.4usacay was ordered reinstated by the /. 1o consider an ofce abolished, there must havebeen an intention to do away with it wholly and permanently. +n the case at bar, there wasnever any thought o not rebuilding the bridge. 1he collapse o the bridge did not wor6 to

destroy but only to suspend the position o toll collector thereon, and upon its reconstructionand reGopening, the collector@s right to the position was similarly and automatically restored.

Manalang v. *uitoriano

1he 'ational =mployment ervice was established by >.A. 'o. &" in lieu o the 7lacement4ureau. Juitoriano was appointed as '= /ommissioner in spite o the recommendation o the0abor secretary to appoint Manalang who was the incumbent ;irector o the 7lacement4ureau. / held that appoint o Juitoriano was valid. A removal implies that the ofce still


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exists. >.A. 'o. &", creating '=, expressly abolished the 7lacement 4ureau and, byimplication, the ofce o the ;irector o the 7lacement 4ureau. 5ad /ongress intended the '=to be a mere enlargement o the 7lacement 4ureau, it would have directed the retention, notthe transer, o Bualied personnel to the '=. Manalang has never been '= /ommissionerand thus could not have been removed thererom.

(bolition Must "e in Bood 9aith

As well settled to the rule that the abolition o an ofce does not amount to an illegal removal orseparation o its incumbent is the principle that, in order to be valid, the abolition must be made ingood aith, not or personal or political reasons, and not implemented in violation o law.

"riones v. &s$ea

4riones and >osagaran were employees in the 9fce o the /ity Mayor since -#& and -2,respectively, +n -3", the /ity created #3 new positions and abolished #%, o which thepositions o 4riones and >osagaran were included. /onseBuently, the two were terminated. /held that the termination was not valid. esolution 'o. 2%% and adierent person was appointed to the position. / invalidated the new appointment andreinstated Alandy to his position as 7/9 Assistant 8eneral Manager.


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2ario v. Mison

+n pursuance o its reorganiEation policy, 7res. ABuino issued =9 %& in -& which providedor the reorganiEation o the 4ureau o /ustoms. 7ursuant to =9 %&, /ommissioner Misonterminated a total o # employees. ?pon appeal, the // ordered the reinstatement o %#employees which was upheld by the /. 1he dismissal are not valid. 1here is no dispute that

pursuant to the Freedom /onstitution and the various executive orders issued by 7res. ABuino,the dierent departments o government were authoriEed to carry on reorganiEation programs.4ut the nature and extent o the power to reorganiEe were circumscribed by the source o thepower itsel. 1he >eorganiEation process is made up o two stages. 1he rst stage, which waseected pursuant to 7roclamation #, allowed removals Wnot or cause,X and it ended on %February -&. 9n the other hand, the second stage is a continuing one rom % February-& pursuant to the -& /onstitution. 1he -& /onstitution reBuires that removal Wnot orcauseX must be a result o reorganiEation. uch removals must also pass the test o good aith,a test obviously not reBuired under the rst stage which was envisioned as a purgation.

A reorganiEation is carried out in good aith i it is or the purpose o economy or to ma6e

the bureaucracy more efcient. 8ood aith, as a component o reorganiEation under aconstitutional regime, is :udged rom the acts o each case. +n the case at bar, there was lac6o good aith. Mison@s argument that the reorganiEation is progressive would be valid only i itwas pursuant to 7roclamation #. 5owever, in spite o her immense revolutionary power, 7res.

ABuino still promulgated =9 & which established

saeguards against the propensity that accompany reorganiEations and established the rulethat dismissals should be based on ndings o inefciency, grat and untness to render publicservice. Assuming then that the reorganiEation in the rst stage was progressive and still valid,such dismissals as ordered by Mison would still have to comply with the terms set down in =9&.

:ubenecia v. #/#

/ upheld power o the // to transer :urisdiction over administrative appeals rom the

Merit ystems 7rotection 4oard to the // en banc itsel. 1he -& Administrative /ode madeclear that the M74 was intended to be an ofce o the // li6e any other o the other #ofces in the //. +n other words, the M74 was a part o the internal structure and

organiEation o the //. +t was not an autonomous entity created by law and merely attachedor administrative purposes to the //. 1hus, it was a proper sub:ect o organiEational changewhich the // is authoriEed to underta6e under the present /ivil ervice law. 1he resolutionmerely reGallocated to the // itsel the unctions o the M74 relating to the determination oadministrative disciplinary cases to Wstreamline the operation o the //.X +t did not purport toabolish the M74 nor to eect the termination o the relationship o public employmentbetween // and any o its ofcers or employees.

Abandonent o) OfceH A public ofce may become vacant ipso acto by abandonment and nonGuser.


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reappointed as cadastral :udge. / held that ummers@ voluntary acceptance o the position o/F+ :udge amounted to a waiver o his right to hold the position o cadastral :udge during theterm xed and guaranteed by the /onstitution. 5e accepted and Bualied or the position o:udgeGatGlarge by ta6ing the oath o ofce o :udgeGatGlarge, and not merely o an WactingX:udgeGatGlarge. 1he situation is one wherein he cannot legally hold two ofces o similarcategory at the same time.

1andueta v. 2ela #osta


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!an v. Bi$enez

1he act that, during the time his appeal was pending and was thus deprived o his ofceand salary, an employee sought employment in another branch o the government does notconstitute abandonment o his ormer position.

Acceptance o) an Incopatible OfceH 5e who, while occupying one ofce, accepts another ofce incompatible with the rst, ipso facto

absolutely vacates the rst ofce. 1hat the second ofce is inerior to the rst does not aect therule. And even though the title to the second ofce ails as where election is void, the rule is stillthe same, nor can the ofcer then regain the possession o his ormer ofce to which another hasbeen appointed or elected.

H + the law or /onstitution as an expression o public policy orbids the acceptance by a public ofcer

o any other ofce other than that which he holds, it is not a case o incompatibility but o legalprohibition.

+ncompatibility o ofces exists where

(a) 1here is conZict in such duties and unctions so that the perormance o the duties

o one intereres with the perormance o the duties o another, as to render itimproper or considerations o public policy or one person to retain both.(b) 9ne is subordinate to the other and is sub:ect in some degree to its supervisorypowers or in such situation where both are held by the same person, the design thatone acts as a chec6 on the other would be rustrated.(c) 1he /onstitution or the law itsel, or reasons o public policy, declares theincompatibility even though there is no inconsistency in the nature and unctions o theofces.

Exceptions to the :ule on ?olding of Inco$patible &ces

(a)


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H 1he views in the various :urisdictions are conZicting in regard to what constitutes acceptance o aresignation and whether an acceptance is reBuired. According to some authorities, no acceptanceis necessary to render a resignation eective, especially when the resignation is unconditional andpurports to ta6e eect immediately. +ndeed, it may be provided by statute that the resignation o apublic ofcer is to ta6e eect at the time o ling it.

H 5owever, many other cases ta6e the view that to be eective, the resignation must be accepted by

competent authority.


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H For civil service ofcials and employees, see ec. 2", 4oo6 K, =.9. 'o. %-% which provides or at

least # grounds or disciplinary action.H For local elective ofcials, ec. " o the 0ocal 8overnment /ode provides or the grounds where an

elective local ofcial may be disciplined, suspended or removed rom ofce.

(isconduct need not be in ofceG in case o) appointi!e ofcers"(isconduct ust be in ofceG in case o) electi!e ofcers"

Nera v. Barcia

?nder the >evised Administrative /ode, the rule in preventive suspension provides that a4ureau /hie may suspend, with the approval o the head o the department, any subordinateofcer or employee i he is charged with dishonesty, oppression or grave misconduct orneglect in the perormance o duty. 1he same words are expressed in the civil service law. Fromthese provisions, suspension was proper even i the dishonest act was not in the perormanceo his duty since under the >evised Administrative /ode and the /ivil ervice 0aw, dishonesty

was not Bualied by the phrase Win the perormance o duty.X

&chate v. !y 2eling

1he / held that the acts alleged in the administrative charge, as substantiated by theafdavits o the complainants, do not :ustiy the administrative proceedings instituted againstthe petitioner and his suspension by the governor. 1he alleged libel imputed to the mayor wasnot such misconduct even i the term Wmisconduct in ofceX be ta6en in its broadest sense.1he radio broadcast in which the ob:ectionable utterances were made had nothing to do withhis ofcial unctions and duties as a mayor.

(isconduct coitted durin$ a prior ter@ not a $round )or disissal

%ascual v. %rovincial "oard

1he / held that the weight o authority ollows the rule which denies the right to removeone rom ofce because o misconduct during a prior term. 9enses committed or acts doneduring a previous term are generally held not to urnish cause or removal and this is especiallytrue where the /onstitution provides that the penalty in proceedings or removal shall notextend beyond the removal rom ofce and disBualication rom holding ofce or the term orwhich the ofcer was elected and appointed. 1he underlying theory is that each term isseparate rom other terms and that reGelection to ofce operates as a condonation o theofcer@s previous misconduct to the extent o cutting o the right to remove him thereore.

(guinaldo v. /antos

/ held that ABuinaldo should not be removed rom ofce. 5is reGelection to the position o8overnor o /agayan has rendered the administrative case pending beore it moot and

academic.

9enses committed or acts done, during a previous term are generally not held to urnishcause or removal. 1he /ourt should never remove a public ofcer or acts done prior to hispresent term o ofce. 1o do otherwise would be to deprive the people o their right to electtheir ofcers.


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disregarded or orgave his ault or misconduct, i guilty o any. +t is not or the court, by reasono such ault or misconduct, to practically overruled the will o the people.

1he rule then is that a public ofcer cannot be removed or administrative misconduct

committed during a prior term, since his reelection to ofce operates as a condonation o theofcer@s previous misconduct to the extent o cutting o the right to remove him thereore.1his rule, however, is not applicable to criminal cases pending against the petitioner or acts

he may have committed during the ailed coup.

,rans)er )ro One Position to Anot%er (a# or (a# Not Constitute3iolation o) Securit# o) ,enureH A transer is a movement rom one position to another which is o eBuivalent ran6, level, or salary

without brea6 in service involving the issuance o an appointment.H +t shall not be considered disciplinary when made in the interest o public service, in which case,

the employee concerned shall be inormed o the reasons thereore. + the employee believes thatthere is no :ustication or the transer, he may appeal to the /.

H 1he transer may be rom one department or agency to another or rom one organiEational unit to

another in the same department or agency! 7rovided, however that any movement rom the nonG

career service to the career service shall not be considered a transer.

Lacson v. :o$ero

0acson was appointed provincial scal o 'egros 9riental by the 7resident. 5owever, threeyears ater, another person was appointed to the same position while 0acson was nominatedto the position o provincial scal o 1arlac. 0acson never accepted the appointment and didnot assume the duties o said ofce. 1he / held that 0acson has the right to occupy the ofceo provincial scal o 'egros 9riental as he neither accepted nor assumed the ofce oprovincial scal o 1arlac and no one can compel his to do so.

1he intended transer o 0acson to 1arlac, i carried out without the approval o 0acson,

would be eBuivalent to a removal rom his ofce in 'egros 9riental. 1he reason is that a scalis appointed or each province and 0acson could not legally hold and occupy the two posts o

scal o 1arlac and 'egros 9riental simultaneously. 1hereore, to be a scal o 1arlac mustmean his removal rom ofce in 'egros.

ince the transer in the case at bar is considered a removal, such should be or cause inorder or the other person to legally occupy the ofce in 'egros. 1here was no cause or0acson@s removal. 5e thereore remains as scal o 'egro.

,erination o) ,eporar# Appointent

*uiti@uit v. >illacorta

1he appointment being temporary in character, the same can be terminated at pleasure bythe appointing power.

9errer v. de Leon

9ne holding an ofce in a temporary capacity may be ousted at anytime with or withoutcause.

+hat deter$ines character of appoint$ent


48/49

?o)illa v. Marino

1he controlling actor in determining the character o the appointment is the appointmentitsel. =ven i a position is permanent, i the appointment is made temporary, the appointmentis determinative.


49/49

H 'ote 1he ollowing provisions have been repealed by ec. 2 o >.A. -" (Fair =lection Act o%)

\ ec. "& o 4.7. which states that any elective ofcial, whether national orlocal, running or any ofce 915=> than one which he is holding in apermanent capacity, except or 7resident and Kice 7resident, shall beconsidered ipso acto resigned rom ofce by the mere ling o a certicate o

candidacy.

\ 1he rst proviso o ec. o >.A. 2#" which states that DAny electiveofcial, running or any ofcer other than one which he is holding in apermanent capacity, except or 7resident and KiceG7resident, shall beconsidered ipso acto resigned upon the start o the campaign period.D

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