San MateoPaoPao KAWAL NG PAGIBIG Page 3 of 24PUBLIC OFFICERS/ELECTION LAWdeLEON

PART I : LAW on PUBLIC OFFICERS

I. DEFINITIONS, DISTINCTIONS CLASSIFICATIONS

PUBLIC OFFICE- a right, authority or duty created or conferred by law, for a given period, whereby an individual is vested with a portion of sovereign functions of the government for benefit of the public (Torredes v. Villamor)

Office- position or function by virtue ofwhich a person has some employment in the affairs of another, whether by appointment or election, whether appointed in the pleasure of the appointing poweror fixed term.

Public Office(PRCTPBS)elements is a Public trust Right authority and duty Conferred by law Tenure fixed/pleasured the appointing authority Person/ individual For the benefit of the people Vested with portions of some sovereign function-Legislative-Executive-Judicial

Public Trust(TTB)Actors Trustor/Benefactor (People) Trustee (Government) Beneficiary (Common good)

1.Holder is subject to removal or suspension according to law.

-Public Office is not the property of the office holder within the meaning and contemplation of the due process requirements of the Constitution.

2.Holder without vested right in any public office

3. Holders right in nature of privilege is entitled to protection.

4. Holders right ispersonal to him.

PUBLIC OFFICERS(PASAM)A public official is an officer of the Government itself, as distinguished from officers or employees of instrumentalities of the Government. Hence, the duly authorized acts of the former are those of the Government, unlike those of a government instrumentality which may have a personality of its own, distinct and separate from that of the Government, as such. (Gonzales v. Hechanova)

Public Trust Accountability Serve utmost responsibility,integrity loyalty & efficiency Modest Life

PRESUMPTION OF REGULARITY OF OFFICIAL ACTS- absent of clear and convincing proof,the bare allegation that a public officer acted with malice or prejudice cannot be sustained (you can present proof)

PUBLIC OFFICER (S-E-O)EMPLOYEE(C)

Delegation to an individual of some sovereign functions of governmentDoes not involve sovereign function

Involves exercise of discretionDuties are clerical or manual in nature

Required to take an oath or bondDo not require taking of an oath

Under Article 203 of RPC- Any person who, by direct provision of law,popularelection,appointment by competent authority, take part in the performance of public functions in the government

PUBLIC OFFICE (CV)PUBLIC EMPLOYMENT (CN)

Created by Law

Created by Contract

Vested with some sovereign function

Not vested with sovereign function

Illustrative Case

-A subsequent law changes the tenure of offices of justice and auxiliary justices of the peace

Issue: whether the law setting an age limit for justices be given prospective or retroactive effect.

Held:Law should be given prospective effect only. The intention to disturb right to office must be clear from the statute.

PUBLIC OFFICE (I-A)PUBLIC CONTRACT (W-O)

As to CreationIncident of sovereignityWill of the parties

ObjectSovereign & Governmental functions affectingpersons not bound by contractImposes obligations only upon contracting parties

-Public Office is not a contract (CLC) It creates no contractual relation between holder and the public Exists by virtue of some law entitles holder to compensation.

PUBLIC OFFICIAL (OW)

Officer of the government itself as distinguished from the officers and employees of instrumentalities of the government (works with departmental framework)

Ministerial act-one which a person performs in a given state of facts,in prescribed manner,in obedience to the mandate of legal authority, without regard to or the exercise of his own judgment upon the propriety of the act being done.

(NOTE* 5 minutes break muna beh, love you hah)

II. ELIGIBILITY AND QUALIFICATIONS

Eligibility (SC)

is the state of being legally fitted or qualified to be chosen, must exist at the commencement & during and the occupancy of office.

Eligible legally fitted or qualified to hold an office.

Qualification

-Endownment or accomplishment that fits one for office.

-Act which a person by enetering upon the performance of duties is by law required to do, such as the taking and often subscribing and filing of an official oath, and in some cases the giving of an official bond

-Right to hold a public office is a natural

-Congress has th power to prescribe Qualifications and Disqualifications.

Illustrative Cases:

1.An unqualified person was appointed in acting capacity.

Issue: Whether the appointment is valid.

Held: An unqualified person cannot be appointed as member even in acting capacity.

-Eligibility and qualification required by law is lacking

-Incumbent continues in office in hold-over capacity.

2.An act adds grounds of disqualification of a Supreme Court Justice set by the Constitution.

Issue: Whether the act is constitutional

Held: Act is unconstitutional. No act of the legislature repugnant to Constitution can become a law.

-The method of appointment of a Supreme Court Justice Provided by the Constitution is mandatory and binding upon all departments of the government.

PRESUMPTION IN FAVOR OF ELIGIBILITY there is presumption in favor of the eligibility of one who has been elected or appointed to public office.

-right to public office is strictly construed against ineligibility.

Removal of qualifications during term.

Illustrative Case:

Elected mayor was less than the minimum age requirement of twenty three when proclaimed elected.

Issue: whether a person is estopped from questioning eligibility nothwithstanding the knowledgeof inligibility before / during election.

Held: No, Candidates ineligibility is always subject to question. Good faith does not cure a candidates ineligibility.

B. Particular Qualifications and Disqualifications

Qualifications usually required of public Officers (CARREAPC)

Citizenship Age Right of Suffrage Residence Education Ability to read and write Political affiliation Civil Service examination

Disqualifications (M-R)nasa powerpoint ni sir yung dalawa lang.

Mental (non compos mentis) or crime, impeachment, Removal or suspension from office Misconduct of crime Impeachment Previous tenure of Office Consecutive terms Holding more than one office Relationship with appointing power Office Newly Created or the emoluments of which have been increased Being an elective official Having been a candidate for any election position LGC restrictions

III. ACQUISITION OF RIGHT OR TITLE TO OFFICE (EA)

-byElection or Appointment

Appointment (AEFPT)

Is the act of designation by the executive officer, board, or body to whom that power has been delegated, of the individual who is to exercise the powers and functions of a given office.Equivalent to filling of vacancy. Either permanent or temporary(Acting)

Where resides.(I-E)-Inherently belongs to people-Entrusted to designated elected and appointed public officials.

-Power to Appoint is Discretionary, unlessthere is arbitrariness & grave abuse, the courts will not attempt to control.

-The Civil Service Commission has no authority to revoke an appointment on the ground that another person is more qualified for a particular position. It has also no authority to direct the appointment of a substitute of its choice or a successful protestant.

Illustrative Cases

1. Law provides for drawing of lots by district judges as a means of determining the districts to which they may be assigned.

Issue: whether said act is unconstitutional.

Held: appointment to an office is intrinsically an executive act involving the exercise of discretion. The former would not be valid since the appointing power is not exercised, as it is, an executive act.

2. Secretary of Education appointed respondent instead of petitioner who was recommended by the Director of public schools.

Issue:Who has the better right of promotion

Held:The power of appointment is essentially discretionary. Absence of grave abuse of discretion, Court will not attempt to substitute discretion of the appointing power. No rigid Formula imposed for exercise of power.

-Power to appoint may be absolute or conditional.

Absolute Where the power is absolute, the choice of the appointing authority falls upon an eligible person, is conclusive.

ConditionalThe power is conditional where assent or approval by some other officer or body is necessary to complete the appointment.

Nature of an appointment- essentially discretionary power and cannot be delegated; it must be performed by the officer upon whom it is vested according to his best lights, the only condition being that the appointee should possess the qualifications required by law.

-REQUISITES FOR A VALID APPOINTMENT (V2EA2 )

1.Theappointing authority must be vested with the power to appoint at the time appointment is made

2.The appointee should possess appropriate civil service eligibility and none of the disqualifications

3. The position is vacant

4. The appointment has been approved by the CSC

5. The appointee accepts the appointment by entering the oath and entering into discharge of duty

When Appointment deemed complete. (NSAC)

1.Not subject to confirmation.Where power is absolute, that appointee has been determined, no further consent or approval is necessary.

2. Subject to Confirmation.Where the assent or confirmation of some other officer or body is required, the commission can issue only when such assent or confirmation is obtained.

3. Approval by the CSC.Appointment to positions in the CSC must be submitted to the Commissioner of CSC.

4.Completed Appointment. Appointingofficers power over office is terminated

Illustrative Case

Petitioner claims title to public office from his oath and confirmation as against a subsequent ad interim appointee to the same office

Issue: Did the oath and confirmation imply a prior ad interim appointment.

Held:Petitioners appointment is temporary in character. Absence of any proof that his appointment is ad interim. The better rule requires some kind of written memorial that could render title to public office indubitable

Acceptance (C-P)

1.Not necessary to completion or validity of appointment2. Necessary to possession of office

Form of Acceptance

ExpressImplied

-when done verbally or in writing-when, without formal acceptance, the appointee enters upon the exercise of the duties and functions of an office

REVOCATION OF APPOINTMENT

General Rule: Appointment to an office, once made and completed, is not subject to reconsideration or revocation.

Exception: Where the appointment is temporary

B. Appointments by the President

Power of appointment by the President

xxxPresident shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards xxx

(Eto yung provision sa ad interim appointment Article 7 Sec 16.)

The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress.

KINDS OF PRESIDENTIAL APPOINTMENTS (RAPTM)

As to Manner in which it is madeREGULARThose made while Congress is in SessionAD INTERIMThose made while congress is not in session or during recess

As to its nature PERMANENT (LPES)-Lasts until lawfully terminated. Extended to a person possessing the requisite qualifications including the eligibility required for the position and thus enjoys security of tenure

TEMPORARY(AD12)-or acting or which last until a permanent appointment is issued.

-extended to one who may not possess the requisite qualifications or eligibility and is revocable at will without necessity of just cause or valid investigation provided that appointment does not exceed 12 months

-no personality to bring a quo warranto action against the permanent appointee, since the former is not entitled to office

-no benefits right of claim

-appointments that are for the President solely to make without the participation of commission on appointments, cannot be ad interim appointments.

MIDNIGHT APPOINTMENT (P2W)

Made by the president within 2 months immediately the next presidential elections and upto the end of his term whether or not confirmed by CA ( 1987 Consti Art VII, Sec. 15)

Designations (MwP)

-Is the mere imposition of new or additional duties upon an officer to be performed by him in a special manner while he performs the function of his permanent office.

Appointmentm (S2P2EI)Designation (MTLR)

Selection of an individual who is to exercise the functions of a given officeMere imposition by law or additional duties on an incumbent official

Connotes permanencyImplies temporariness

Results to security of tenure when completedDoes not Result to security of tenure

Executive in natureLegislative

IrrevocableRevocable

Can be subject of a protest before the CSCCannot be the subject of protest by CSC

A. Steps in the Process of Regular appointment. (NCIA)

1.Nomination exclusive prerogative of the president upon no limitation may be imposed by the congress

Illustrative Case

The statute provides that the chairman of the board (except representatives of the private sector) need only be designated by the respective department heads to sit ex officio without the necessity of new appointments

Issue: whether there is deprivation of the power of the president to make appointments.

Held: Officials sit ex ficio. Official considered as merely on detailCongress may increase powers and duties of an existing office, rendering it necessary that the incumbent should be again nominated and appointed.

2.Confirmation- power belonging to Congress, rejecting or confirming certain appointments

3.Issuance of commission written evidence of appointment

4.Acceptance by the appointee

B. Ad Interim Appointments

1.Nomination of Pres2.Issuance of the Commission3.Acceptance by Appointee4.Confirmation by CA

C. Appointments w/o confirmation

1.Appointment by appointing authority2. Issuance of Commission3. Acceptance by the Appointee

D. Appointment in the Civil Service Commission- Appointment is not deemed complete until attestation or approval by the CSC.

CIVIL SERVICE

Embraces all branches, subdivisions, instrumentalities & agencies of the government, including GOCC with or without original charter.

-Merit system instead of Spoil system.

Classifications of Positions in the Civil Service

CAREER (MSO)NON CAREER (N-LCSD-E)

Merit and FitnessNot subject to merit and Fitness (No exams)

Security of TenureA. Limited PeriodB. Co-TerminousC. Subject to pleasure of Appointing AuthorityD. For duration of the project

Opportunity for PromotionEXCEPT policy-determining, primarily confidential, highly technical (examination is required)

Career Service

- First Level clerical etc involving non-professional or sub professional work - Second Level professionals, technical, scientific position

- Third Level - Career Executive Service (Dimayuga v. Benedicto; Ignacio v. CSC;

Kinds of Appointment in Career Service

Permanent Security of tenure

Temporary or acting

Meets all requirements except CS eligibility 12 months no vacancy if regular employee illegally suspended or dismissed. Officer-in-charge At the pleasure of the appointing power

-where appointee does not possess civil service eligibility, the appointment is considered temporary.

-Law considers Provisional (now Temporary) appointee is one with civil service eligibility but different from that which is appropriate to the position for which he was appointed.

-appointment during the absence or incapacity of incumbent

-has not passed any CSC examinations

-Pending Compliance with condition is deemed temporary

Non Career Service

Base on usual test of merit and fitness utilized for the career service. Limited to a period specified by law / Coterminous / subject to appointing authoritys pleasure

Civil service positions based on the Constitution

1.Competitive - based on merit and fitness determined by competitive examinations

Merit and Fitness by Competitive Examinations

-as a general rule, the selection of any appointee to any government position shall be made only according to merit and fitness to be determined as far as practicable by competitive examination....

2.Non-competitive Do not have to take account merit and fitness as determined by competitive examinations EXCEPT policy-determining, primarily confidential, highly technical (Grino v. CSC; De los Santos v. Mallari; Ingles v. Mutuc; etc )

Qualification Standards

minimum requirements for a class of positions (education, training, experience, CS eligibility, physical fitness; next in rank rule ) (CSC v. De la Cruz)

(Note: NADISCUSS KO NA SA CAREER AND NON CAREER yung mga sumunod kaya lalaktaw ako sa VACANCY wala naman cases e)

(7 PAGES na Vacancy pa lang magstart ka na maniwala sa Forever)

Vacancy

There is vacancy when an office is empty and without a legally qualified incumbent appointed or elected to it with a lawful right to exercise its powers and perform its duties

-An Office may be vacant when it is occupied by one who is not a de jure officer, as by a mere usurper, or by one who is holding over

-No person may be appointed to an office which is not vacant.

-Can be classified to Original, when no one fills a created office, or Constructive, absence of legal right or claim to continue in office, can be replaced by other functionary

Causes of vacancyDeath, permanent disability, removal from office, resignation of incumbent.-Abandonment, expiration of term, etc......( di na itatanong ni sir yung mga enumeration kalokohan!!! Hahahaha pag tinanong common sense na lang )

Qualifying to Office

The Person appointed or elected to a public office is usually required by law, before entering upon the performance of his duties, doing some act to signify acceptance and undertaking to execute trust confided in him.

-failure or neglect is deemed evidence of refusal of the office except with a valid reason.

Oath

Is an outwards pledge whereby one formally calls upon God to witness the truth of what he says or to the fact that he sincerely intends to do what he says.

- it is a qualifying requirement for a public office; a prerequisite to the full investiture of the office

-Accountable Public officers and employees are required to give bonds incident to office.( indemnity rather than a penal or forfeiture bond; a collateral security for the performance of officers duty)

De Facto Officers

Doctrine

A person who, by the proper authority, is admitted and sworn into office is deemed rightfully in such office until, by judicial declaration in a proper proceeding, he is ousted therefrom, or his admission thereto is declared void.

Circumstances: (R-FL-IA-U)

a.No appointment or election but under circumstances of reputation or acquiescenceb. No appointment or election officer failed to conform with the legal requirementc.Void because of ineligibility, irregularity in appointmentd.With known appointment or election pursuant to an unconstitutional lawDe Facto Officer

One who has the reputation of being the officer he assumed to be and yet is not a good officer in point of law

Requisites: (DCA)1.De jure Office2.Color of right/ General acquiescence by parties3. Actual possession of the office in good faith

De Jure Officer (LON)

One who has the lawful right to the office in all respects, but who has either been ousted from it or who has never actually taken possession of it.

Requisites: (PLQ)1 possess the legal qualifications for the office in question.

2.He must be lawfully chosen to such office

3. Qualified according to Consti & law

De Jure Officer (RL)De Facto Officer (CP)

Rests on a rightRests on color or title or acquiescence by the public

Has lawful title to but without actual possession of the officeHas possession and performs the duties under the color of title without being technically qualified in all points of law to act

Usurper or Intruder

Is one who take possession of the office and undertakes to act officially without any color or right of authority either actual or apparent.

(anong tawag sa isdang maraming aswang.edi caFISH)

Illustrative Case:

The ad interim appointment of petitioner as acting vice mayor was by passed by National assembly

Issue: Whether he has right to continue.

Held: Appointment ceased or expired upon adjournment of the Session of national assembly, has to be chosen in the manner and form provided by law. Latter was informed of termination of status as acting vice mayor.

De Facto Officer (C2 V)Usurper/Intruder (TNA)

Officer under any of four circumstances mentionedOne who takes and undertakes to act officially without any authority either actual or apparent

Has color of right to office

Has neither lawful title nor color of right or title to office

Acts are valid as to the public until such time as his title to the office is adjudged insufficientActs are absolutely void and can be impeached in any proceeding at any time unless and until he continues to act for so long a time as to afford a presumption of his right to act

-Office created under unconstitutional statute confers no right, duty, no pretection, creates no office (a mere usurper)

-Acts of De Facto Officers are valid insofar as public and third person is concerned.

-De Facto Officer has right to Compensation, in the absence of bad faith for the period of rendition.

-De Facto officer cannot excuse his responsibility for crimes committed in his official capacity.

IV. POWERS, DUTIES, and NORMS of CONDUCT OF PUBLIC OFFICERS

-Source of power and authority of public office is found in the people.

-Authority of public officer is not presumed

Scope of Power of a public officer (LAI)

1. expressly conferred upon him by law under which he has been appointed or elected

2.Expressly annexed to the office by the law which created it or some other law referring to it

3.attached to the office as incident to it.

Illustratice Case

1.A lawyer in the Department of Justice was temporarily detailed to assist the City Fiscal of Manila with the same powers and functions of an assistant Fiscal

Issue:Whether he has the power to sign Informations

Held: Yes, powers of fiscal may be entrusted. The duties of a public office includes all those which are truly within its scope.Subject functions inherent in power to assist a prosecuting attorney.

2.The Public service Commission (PSC) imposed a fine on a radio company for failure to render service expected of a radio operator

Issue: whether psc has the power to impose fine.

Held: None. The law grants no power to do so.

From their natureMINISTERIALDISCRETIONARY

Duty is absolute certain, and imperative involving merely execution of a specific duty arising from fixed and designated facts (in accor with the law)

-without regard or the exercise of own judgment upon the propriety or impropriety of the act done.-requires exercise of reason in the adaptation of means to an end, and discretion in determining how or whether the act shall be done

From standpoint of Obligation of OfficerMANDATORYPERMISSIVE

Powers conferred upon public officers generally construed as madataory for the protection of citizen & property Defines the time in which public officers will discharge their duties to secure uniformity order and system. Does not affect third person, not clearly beneficial to public.

From standpoint of relationship of officer to subordinates

SUPERVISON- merely oversight CONTROL- implies the power to manage, direct, govern, review, alter set aside and substitute judgment of its own to the other

-oversee operations w/o interfering day to day basis-to act directly whenever specific function

-require submission of reports, performance evaluation, inspection-Direct performance of duty

Take actions rectification of violations-review revise, approve acts and decisions

Review and pass upon budget proposals-determine priorities

-prescribe standards, guidelines plans, programs

Norms of conduct of Public officials and employees

Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives. (Constitution Art XI, Sec 1) NOTE* memorize this SHIT!!!!!

- Incentives and rewards.(Criteria: Years of service,Quality,level of salary obscurity of post, unique exemplary achievements, risk temptation, any similar circumstances Forms of Incentives: Bonuses, Citations, Directorship, scholarship, vacation, promotion Committee Awards: COA, CSC, Ombudsman)

- Financial disclosures- SALNs disclosure

A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law (Constitution Art XI, Sec 17)

- Transparency of transactions and access to information

V.RIGHTS AND PRIVELEGES OF PUBLIC OFFICERS

Right Incident to Public office measured by the constitution or under the law which one is appointed.

Right to Compensation Forms salary (Remuneration), per diems (Daily allowance), fees, commissions or perquisites of whatever character. (GSIS v. CSC) Honorarium (Santiago v. COA) Emoluments (Intia v. COA; Binay v. Sandiganbayan) Compensation of a de facto officer- In good faith (Rodriguez v,. Tan)- after notice of adjudication (Monroy v. CA)

- Compensation is not indispensable to public office but merely incidental thereto and attaches to office itself.

-An action to recover the compensation attached to a public office belongs to a person who has true title to office as issue.

Illustrative Case

1. Duly elected Senator seeks reimbursement of salaries paid to De Facto Officer

Issue: whether he can reimburse from the other.

Held: De Facto Officer ousted as a result of election protest is entitled to compensation for services rendered.

2. Vice Mayor who became mayor seeks reimbursement of salaries paid to former mayor who has ceased as rightful occupant

Issue: whether he is entitled to salary.

Held: A De Facto Officer liable to reimburse salaries received to rightful incumbent during the time of wrongful tenure, even he entered in office in good faith. A de Facto Officer not having a good title takes the salaries at his risk, account a de jure officer for salary received during period of wrongful retention.

-Possession of title of office itself, is decisive. A de facto officer not having a good title takes the salaries at his own risk.

Salary not subject to garnishment.

Garnishment-is a species of attachement for reaching credits belonging to the judgment debtor owing to him from a stranger to a litigation.

DOUBLE COMPENSATION (DAI)

-Prohibition against receiving additional, double, or indirect compensation

No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government. Pensions or gratuities shall not be considered as additional, double, or indirect compensation. (Constitution, Article IX-B, Section 8)

-The prohibition does not apply in the following cases: (LCD).1. The law, in certain instances, specifically authorizes payment where it appears just and necessary

2. Additional compensation is received not from government or any of its entities

3. In case of double appointments where there are 2 distinct offices, the public officer may draw the salary attached to the 2nd position only when law specifically authorizes him.

Free Volountary Service (SPG)

Free voluntary service to the government refers to services rendered by persons who are in government without pay or compensation.

Requirements : (IFC)

1. Issuance of an appointment document

2. Fitness and suitability for the duties and responsibilities of the particular position

3. Compliance with the rule on nepotism

Other Rights

Right to self-organization- The right to self-organization shall not be denied to government employees

Illustrative Case

Jalosjos wanted to fully discharge his duties as a Congressman, despite his conviction for statutory rape and acts of lasciviousness. All top officials of the government are subject to law and Jalosjos membership in Congress does not exempt him from statutes and rules which apply to validly incarcerated persons. Immunity from arrest of members of Congress has always been granted in a restrictive sense. It cannot be extended beyond its ordinary meaning. Emergency or compelling temporary leaves from imprisonment are allowed to all prisoners, at the discretion of the authorities or upon court orders but what Jalosjos seeks is not of an emergency nature. Allowing him to attend congressional sessions and committee meetings for 5 days or more in a week will virtually make him a free man with all the privileges appurtenant to his position.

Prohibited concerted activity or mass action-refers to any collective activity undertaken by government employees either by themselves or through theiremployees organizations, with the intent of effecting work stoppage or service disruption in order to realize their demands or force concessions, economic or otherwise, from their respective agencies or the government

- Concerted activity or mass action done outside government office hours may beallowed provided it would not result in disruption of work

Rights under the Civil Service Decree and the new Administrative Code

Rights under the Civil Service Decree and the new Administrative Code

The right to preference in promotion1. Among the rules for the recruitment and selection of employees are as follows:

a. When vacancy occurs in a position in 1st level of Career Service, the following shall be considered for promotion:

1. Employees in the department who occupy the next lower positions in the occupational group under which the vacant position is classified / those in other functionally related occupational groups

2. Those who are competent, qualified and with the appropriate civil service eligibility.

b. When vacancy occurs in a position in the 2nd level of Career Service, the rules for vacancy in 1st level positions also apply.

c. If vacancy is not filled by promotion, fill the vacancy by transfer, reinstatement, or reemployment of persons separated through reduction in force, or appointment.

d. Right to appeal of qualified next-in-rank

1. Who may appeal:

a. Qualified next-in-rank employee who is not satisfied with the written special reason given by appointing authority for appointment inb favor of another employee

2. Qualified next-in-rank

a. This refers to an employee appointed on a permanent basis to a position previously determined to be next-in-rank to the vacancy proposed to be filled and who meets the requisites for appointmentthereto as previously determined by appointing authority and approved by the Civil Service Commission.

3. Levels of appeala. 1st to the Secretaries / heads of agencies, instrumentalities,government-owned or controlled corporations with original charters

b. 2nd to the Merit System Protection Board

c. 3rd to the Civil Service Commission (by protest questioning theappointment)

d. 4th Judicial review first to the Court of Appeals, then to theSupreme Court

4. The participation of the appointing authority in the protest filed with theCivil Service Commission is indispensable inasmuch as the action of theprotestant is really against the determination made by the appointingauthority.

e. The right to present complaints and grievances

1. Complaints should be resolved at the lowest possible level in the department /agency.

2. If it remains unresolved after exhausting all available remedies, the parties may jointly refer the dispute to the Public Sector Labor Management Councilconstituted under the Administrative Code of 1987.

f. The right not to be suspended or dismissed except for cause as provided by law and after due process

g. Right to organize

NEXT IN RANK RULE

a. Not a mandatory requirement

1. The next-in-rank rule applies only in cases of promotion. It neither grants avested right to the holder nor imposes a ministerial duty on the appointing authority to promote such person to the next higher positions. The person next in-rank is only given a preferential consideration for promotion to a vacantposition.

b. Reason for the rule

1. The preference given to old or permanent employees is because they are assumed to have gained not only superior skills but also greater dedication to the public service, provided that the acts of the appointing power are for the best interest of the public service and the person chosen has the required qualifications. (Torio v. Civil Service Commission, 209 SCRA 677 (1992); Cabagnot v. Civil Service Commission, 223 SCRA 59 (1993))

c. Discretion of appointing authority

1. The next-in-rank rule is not absolute and it may be disregarded for sound reasons made known to the next-in-rank.

2. The appointing authority is given wide discretion to fill the vacancy among the several alternatives provided for by law such as through transfer, reinstatement, reemployment, and appointment of outsiders with appropriate civil service eligibility.

d. Overriding factor

1. The overriding factor for the next-in-rank rule is to foster a more efficient public service.

Illustrative Case

Edralin was appointed as Administrative Officer V in the Bureau of Forest Development although she was 9 or 10 salary ranges below Meram, who was next-in-rank. Meram appealed to the Merit Systems Board which found (together with the Civil Service Commission) that Edralin was not nextin-rank. But because of a letter-petition to the President where she identified herself as the wife ofEfren Edralin of Ilocos Norte, the Office of the President ordered her appointment. Edralin is not an employee next-in-rank to the vacated position, and although there is no mandatory nor peremptory requirement that persons next-in-rank are entitled to preference in appointments, the very purpose of the Civil Service law dictates that persons who are qualified and next-in-rank should be given preferential consideration when filing up a vacated position through promotion.

Personnel action

refers to any action denoting movement or progress of personnel in the civil service which must be in accordance with the rules or standards promulgated by the Civil Service Commission (APTD2R3)

1. Appointment through certification2. Promotion3. Transfer4. Reinstatement5. Reemployment6. Detail7. Reassignment8. Demotion

Rights under Government Service Insurance Act

All covered employees are mandated to pay contributions, except members of thejudiciary and the Constitutional Commissioners. (RSFUDSLI)

- Retirement benefits- Separation benefits- Unemployment or involuntary separation benefits- Disability benefits-Survivorship benefits-Funeral benefits-Life insurance benefits

PensionPensions are regular allowances paid to an individual or group of individuals by the government in consideration of services rendered, or in recognition of merit, civil or military.

PensionGratuity

An act of justice emanating from desire to provide adequate compensation for services already rendered.A donation and act of pure liberality on the partof the State.

Retirement-withdrawal from office public station, business, occupation, public duty.

Illustrative Cases

1. Petitioner was a COA State Auditor who was detailed to MIAA and subsequently designated asMIAAs Acting Assistant General Manager for Finance and Administration. He collected differential salary under this position. When he retired, recomputation of his retirement benefits was denied on the ground that the additional compensation he received (differential salary as Acting Assistant General Manager) was merely an honorarium and that he was not appointed but merely designated. Executive Order No. 966 states that retirement benefits are limited to the highest salary rate actually received as fixed by law or indicated in a duly approved appointment, and that honoraria are not considered in the computation. Salary differential should be included. Retirement benefit should be liberally construed. An honorarium is defined as something given not as a matter of obligation but in appreciation for services rendered; a voluntary donation in consideration of services which admit of no compensation in money. The additional compensation given to the petitioner was in the nature of a salary because he received it as a matter of right in recompense for services rendered by him as Acting Assistant General Manager for Finance and Administration. Strictly speaking, while appointment is the selection by the proper authority of an individual who is to exercise the functions of a given office, designation, on the other hand, connotes merely the imposition of additional duties, usually by law, upon a person already in the public service by virtue of an earlier appointment / election. A person may also be designated in an acting capacity, as when he is called upon to fill a vacancy pending the selection of a permanent appointee thereto, or more usually, the return of the regular incumbent. It is said that appointment is essentially executive while designation is legislative in nature. In Executive Order No. 966, however, the term appointment was used in a general sense to include the term designation and no distinction was intended between the two terms. The Supreme Court thinks that this is to be the more reasonable interpretation, especially considering that the provision includes in the highest salary rate compensation for substitutionary services or in an acting capacity.

2. Petitioners request for inclusion of the monthly allowance he had been receiving from the municipality where he was assigned as MTC judge in the computation of retirement benefits was denied by the Commission on Audit on the ground that the allowances contemplated by the retirement law are transportation, living, and representation allowances.Allowances received from municipality should not be included and should instead be treated as honorarium. Inasmuch as the law limits the computation of the lump sum of 5 years gratuity to the highest monthly salary plus the highest monthly aggregate of transportation, living, and representation allowances that the judge was receiving on the date of his retirement, it is understood that other allowances are excluded. Letter of Instruction No. 1418 which authorizes local governments to pay additional allowances tojudges of the courts within their territorial jurisdiction, limits the amount of such allowance and does not provide that it shall be treated as part of the judges remuneration in computing his retirement benefits. The word may signifies that the allowance may not be demanded as a matter of right but is entirely dependent on the will of the municipality concerned. It should be treated as an honorarium, an amount that is given not as a matter of obligation but in appreciation for services rendered; a voluntary donation in consideration for services which admit of no compensation in money.

3. Belo served full-time as Vice-Governor on hold-over capacity and received compensation in the form of per diems. However, no deductions for GSIS contributions were made from these salaries / per diem. An employee can avail of retirement benefits notwithstanding failure to make contributions to GSIS for the duration she was receiving per diem as compensation. Per diem is compensation creditable in computing retirement benefits / length of service. A per diem could rightfully be considered a compensation or remuneration attached to an office. The per diems received by Belo during the period that she acted in holdover capacity obviously were in the nature of compensation or remuneration for her services as Vice Governor of the Province of Capiz, rather than as a reimbursement for incidental expense uncured while away from her home base. The basis for the provision on retirement benefits is service to the government. While GSIS is partly dependent on contributions of members, the fact that these contributions are minimal when compared to the amount of retirement benefits actually received shows that such contributions, while necessary, are not absolutely determinative in drawing up criteria for those who would qualify as recipients of the retirement benefit system. In a sense, the contract made between the GSIS and the government employee is done on a takeover- or-leave-it basis, that is, it is virtually a contract of adhesion which gives the employee no choice but to involuntarily accede to the deductions made from their oftentimes meager salaries. If the GSIS did not deduct, it was by its own choice. Failure to deduct is not the fault of employees. Moreover, the source of GSIS benefits is not in essence merely contractual; rather, it is a social legislation. The situation can be rectified by deducting a reasonable amount corresponding to the contributions which should have been deducted during the period from the amount of retirement

4. The Commission on Audit disallowed the practice of SSS employees of availing retirement benefits under Republic Act No. 660 and claiming the financial benefits granted under SSS Resolution No. 56 equivalent to the difference between what a retiree would have received under Republic Act No. 1616, less what he was entitled to under Republic Act No. 660. The Commission on Audit said that his practice results in the increase of benefits beyond what is allowed by retirement laws and the scheme of the SSS resolution partook of the nature of a supplementary pension / retirement plan. The financial assistance package may have been instituted for noble, altruistic purposes. Nevertheless, it is beyond dispute that the package constitutes a supplementary retirement plan. SSS had no authority to maintain and implement such retirement plan, particularly in the face of the statutory prohibition. The SSS cannot, in the guise of rule-making, legislate or amend laws or worse, render them nugatory.

5. Brion is a member of the Seventh Day Adventist. When he retired, he received a monthly amount asretirement benefit. When he was excommunicated, however, the monthly retirement benefit wasdiscontinued. Brion is entitled to his benefits. The conditions of eligibility for retirement must be met at the time of the retirement at which juncture, the right to retirement benefits or pension, if the employee is eligible, vests in him. In this case, Brion has already a vested right to receive retirement benefits, a right which cannot be taken away from him by expulsion or excommunication, this not being a ground for termination of retirement benefits under the SDAs retirement plan.

6. Under the old Administrative Code (Act No. 2657), a government employee includes any person in the service of the Government or any branch thereof of whatever grade or class. A government officer, on the other hand, refers to officials whose duties involve the exercise of discretion in the performance of the functions of government, whether such duties are precisely defined or not. Clearly, the law did not require a specific job description and job specification. Thus, the absence of a specific position in a governmental structure is not a hindrance for the Court to give weight to ones government service as legal counsel and consultant, and consequently consider such as creditable government service for the purpose of computing retirement benefits.

-Right to reimbursement and indemnity-Right to reinstatement and back salary

REINSTATEMENTBACKWAGES

Restoration to a state or condition from whichone had been removed or separated. Oneassumes the position he had occupied prior tothe dismissal.Restores the income that was lost by reason ofunlawful dismissal.

-Rights to property, devices and inventions

-Right to recover reward for performance of duty

General rule: It is the duty of a public officer to execute the functions of his office. Thus, unless expressly authorized by law, he will not be permitted to recover a reward offered by the public for the performance of an act which was part of his official duty to perform.

Exceptions: Section 281 of the National Internal Revenue Code grants an informers award, under certain conditions, to persons instrumental in the discovery and seizure of smuggled goods.

VI. DISABILITES and INHIIBITIONS (hindi ko alam kung importante tong part na to. Pero mas maganda na yung nabasa mo. TUNGKOL KASI SYA SA MGA ISTILO NG PANGUNGURAKOT AT PAGSASAMANTALA hahahaha. love you beh.)

1. Disabilities of President, Vice-President, Members of Cabinet and their Deputies and Assistants During their tenure, they are subject to the following prohibitions:

3. They shall not hold, unless otherwise provided in the Constitution itself, any other office or employment;4. They shall not practice any other profession;5. They shall not participate, directly or indirectly, in any business;6. They shall not be financially interested, directly or indirectly, in any contract with or in any franchise or special privilege granted by the government or any subdivision, agency or instrumentality thereof including any government-owned or controlled corporation or their subsidiaries; and7. They shall strictly avoid conflict of interest in the conduct of their office8. The President is prohibited during his tenure from appointing his spouse and relatives by consanguinity or affinity within the 4th civil degree to any of the positions mentioned. (Constitution, Article VII, Section 13)

- The purpose of the prohibition is the ensure that the officials will devote their full time and attention to their official duties, prevent them from extending special favors to their own private business and assure the public that they will be faithful and dedicated in the performance of their functions.

(NOTE* etong next di ko alam kung importante din, basta basahin mo. Love you beh)

Disabilities of Members of Congress

A. Right of members of Congress to hold any other office or employment

3. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat; (Constitution, Article VI, Section 13)

4. Neither shall he be appointed to any office which may have been created or theemoluments thereof increased during the term for which he was elected;(Constitution, Article VI, Section 13)

B. Right to engage in certain activities

3. No Senator or Member of the House of Representatives may personally appearas counsel before any court of justice or before the Electoral Tribunals, or quasijudicial and other administrative bodies; (Constitution, Article VI, Article 14)

4. Neither shall he, directly or indirectly, be interested financially in any contractwith, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any manner before any office of the Government for his pecuniary benefit of where he may be called upon to act on account of his office; (Constitution, Article VI, Article 14)

5. He shall not intervene in any cause or merit before any office of the government for his pecuniary benefit or where he may be called upon to account of his office or to give his vote as a member of Congress. (Constitution, Article VI, Article 14)

Disqualifications to hold any other office or employment in the government

a. A member of Congress is disqualified to hold 2 classes of office, namely:

3. Incompatible office

a. This includes any kind of office or employment in the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries during his term.

b. Any other office or employment includes any position in the government outside Congress including ex-officio membership of any non-congressional body, committee, or commission, unless the second office or employment is connected with or in aid of legislative duties.

c. The prohibitions rationale is the need for members of Congress to devote their time and attention to the discharge of their legislative responsibilities.

d. A Senator or Representative who accepts any other office or employment inthe government during his term forfeits his seat.

4. Forbidden office

a. This refers to any office created or the emoluments of which have beenincreased during the term for which he was elected, not merely during histenure or period of actual incumbency.

b. The period of ineligibility does not end until after the member shall have lefthis office by the termination of his term (not tenure). Thus, even if a member of Congress resigns or losses his seat before the end of his term, he shall remain ineligible for appointment to such office.

b. The purpose of the disqualification is to prevent members of Congress from beingtempted to create office or increase their emoluments for personal gain.

Prohibition against financial interest

a. Appearance as counsel before any court of justice, etc.

3. A member of Congress shall not appear personally as counsel before any court of justice or before the Electoral Tribunals or quasi-judicial and other administrative bodies.

4. The purpose of the prohibition is to remove any possibility of influence upon the judges of these courts or heads of members of these bodies who might beswayed in their decisions by their hope for future appointments to higher positions. The same is true for the prohibition to appear before the Electoral Tribunals, as well as the inconsistency of a members position in representing a party who may not be entitled to be a member of the body to which he belongs.

b. Financial interest in any contract with the government

3. He shall not, directly or indirectly, be interested financially in any contract withthe government during his term of office, whether as an individual or as amember of a partnership or as an officer of a corporation.

4. The scope of indirect financial interest includes the spouse, but not the son orbrother of a member of Congress, unless used as a dummy or the member ispecuniarily interested in the contract.

5. The prohibition seeks to prevent the use of whatever influence and pressure inthe award of government contracts.

6. Financial interest in any contract refers to interest involving financial investment or business out of which a member of Congress is to derive profit orgain (e.g., subscription to the capital stock of a government corporation). Borrowing money from a government-owned or controlled bank does not involve financial investment from which the borrower expects to obtain profit.

c. Financial interest in any special privilege by the government

3. He shall not, directly or indirectly, be interested financially in any franchise or special privilege granted by the government during his term.

d. Intervention in certain matter

3. He shall not intervene in certain matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office or to give his vote as member of Congress.

4. The prohibition seeks to insure that his every vote on any pending legislative measure shall be dictated only for considerations of public good.

Disabilities of Members of Constitutional Commissions(same lang sa prohibition sa holding of any office, practice of profession, financially interested sa ventures)

Prohibition against designation of members of judiciary to administrative positions

The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. (Constitution, Article VIII, Section 12) memorize this SHIT.

Prohibition against engaging in partisan political activities

No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. (Constitution, Article IX-B, Section 2(4)) memorize this shit.

Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics. No member of the military shall engage directly or indirectly in any partisan political activity, except to vote. (Constitution, Article XVI, Section 5(3))

-Partisan political activity and electioneering or partisan political campaign refer to acts designed to have a candidate elected or not, or to promote the candidacy of a person / s to a public office.

Illustrative Case:

De Venecia is a civil service employee prosecuted for electioneering because he distributed leaflets supporting a candidate. De Venecia is guilty of electioneering. The distribution of leaflets openly supporting a candidate was undoubtedly aiding such candidate. It was not merely mentioning the candidate whom he supported or a mere expression of his opinion on current political problems.

-Prohibition against appointment of elective officials during tenure

- Prohibition against holding more than one position by appointive officials unless otherwise allowed by law or by the primary function of position.

-Prohibition against acceptance of any present, etc., from any foreign state without consent of congress

-Prohibition against receiving additional, double, or indirect compensation (oo nga hindi na paulit-ulit hahaha. labyube)

-Prohibition against appointment of members of the armed forces to certainPositions

-Prohibition against grant of loan, guaranty or other form of financial accommodation by any government-owned or controlled bank or financial institution tothe President, Vice-President, the Members of the Cabinet, the Congress, the Supreme Court the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest during their tenure. (Constitution, Article XI, Section 6)

UNDER EXISTING LAWS (parehas lang ng mga nasa naunang consti provision)

-Prohibitions imposed on civil service officers or employees1. Political activity2. Additional or double compensation (paulit-ulit hahahaha)3. Limitation on employment of laborer4. Prohibition on detail or reassignment5. Nepotism

-Prohibitions imposed on local government officials

1. Prohibited business and pecuniary interest2. Practice of profession3. Partisan political activity

-Prohibitions against purchase of certain property at public auction

- Prohibitions imposed on the Governor and personnel of the Central Bank

- Prohibitions imposed on internal revenue officers and employees

Prohibited acts and transactions under the Anti-Graft and Corrupt Practices Act

- the value of the gift, money or present, etc. is immaterial nor is a determinative of the guilt or innocence of the accused or the penalty to be imposed. What is penalized is the receipt of any gift, present, share, percentage, or benefit by a public officer in connection with a contract or transaction with the Government, wherein the public officer has to intervene in his official capacity.

Non-FeasanceMisfeasanceMalfeasance

Refusal of neglectFailure to observe carePerformance in bad faith

VII. LIABILITY OF PUBLIC OFFICERS

Doctrine of official immunity from liabilities for public officers

Public officers and employees would be unduly hampered, deterred, and intimidated in the discharge of their duties if those who act improperly, or even exceeded the authority given them, were not protected to some reasonable degree by being relieved from private liability.

Rationale: Promotion of fearless, vigorous, and effective administration of policies ofgovernment. Threat of suit could also deter competent people from acceptingpublic office.

Official ImmunityState Immunity

It is more limited in principle that State immunity since its purpose is to protect the sovereign collaterallyIts purpose is to protect the sovereign directly

It serves as a protective aegis for public officialsfrom tort liability for damages arising from discretionary acts or functions in theperformance of their official dutiesThe doctrine principally rested on the tenuous ground that king could do no wrong. It serves to protect the government from tort liability.

-In the performance of governmental function, the State is not bound by the mistake, neglect, or wrongdoing of its agents and officers.

Official immunity not absolute-Suit to enforce liability for personal tort-Suit to compel performance of official duty or restrain performance of an act

*As a general rule, the State may not be sued without its consent, and a suit against a public officer for his official acts is, in effect, a suit against the State. However, there are still instances when a public officer may be sued (with the State consenting) even in the performance of his official duties.

-The liability of a public officer to an individual or the public is based upon and is coextensive with his duty to the individual or the public

Three Fold Liability Rule wrongful acts or ommissions of public officers may give rise to criminal, civil, administrative liability. The dismissal of an administrative case does not necessarily bar the filing of a criminal complaint.

-A superior Officer shall not be liable for the wrongful acts of subordinates, unless he has authorized by written order the specific act or misconduct explained of.

Three-fold responsibility of public officers

For violation of duty or for wrongful act or omission, the public officer is under a 3-fold liability:

CivilIf the individual is damaged by the violation, the official shall, in some cases,be held civilly liable to reimburse the injured party.

CriminalIf the law attaches a penal sanction, the officer may be punished criminally.

AdministrativeIf the administrations disciplinary power is strong, violation may lead to fine, reprimand, suspension, or removal from office.The issue in administrative cases is not whether the complainant has a cause of action against the respondent public officer or employee but whether the latter has breached the norms and standards of public service.

ADMINISTRATIVE PROCEEDING against Public Officers (di ko alm kung maiintindihan niyo to basta ito notes ko)

1. Fact finding (Affidavit & supporting Documents) *Investigative Powers > Make Recommendations to Head of Agency whether to file an administrative case

2.Party is given time to submit a Letter to Explain (72 Hours)

3.Head of Agency whether Sign a Formal Charge (together with Affidavit & supporting Documents) and Issuance of a preventive suspension (no salary)

4.If the Decision is for exoneration party may Reclaim or Recover, however, when it is for dismissal there is no recovery of salary

-Upon appeal, party still cannot claim (technically still under suspension)

RULE: if exonerated (upon appeal to CA) if Reprimand party cannot Claim

Preventive suspension

- is a disciplinary measure which is intended to enable the disciplinary authority to investigate charges against the respondent by preventing the latter from using his position. Can be imposed without any notice and hearing since its not a penalty

Kinds1. Preventive Suspension pending Investigation.2. Preventive suspension Pending appeal

PENDING INVESTIGATIONPENDING APPEAL

Not a penalty but only a means of enabling the disciplining authority to conduct an unhampered investigationPunitive in character

No back wages due for the period of suspension even if found innocent of the charges unless suspension is unjustifiedIf Exonerated he should be reinstated with full pay for the period of suspension

-if he was reprimanded for the same charge which was the basis of the decision ordering his dismissal, he cannot claim back wages the penalty here is merely commuted

Administrative liability incurred in a previous term by an elective official

-Once reelected, an elective official is no longer amenable to administrative sanctions for infractions allegedly committed during the preceding term.

-The condonation rule is applied regardless of the date of filing of the administrative complaint as long as the wrongdoing is committed prior to the date of reelection

-condonation rule is inapplicable to appointive officials, such as reappointed coterminous employees, as there is no subversion of the sovereign will nor the disenfranchisement of the electorate in the case of appointive officials

-The reelection of a public official extinguishes only the administrative but not the criminal or civil liability incurred by him during his previous term of office.

(BREAK MUNA beh, pagod na me mga 3 minutes)

VIII. TERMINATION OF OFFICIAL RELATIONS (EA3 R4DIPC)a. Expiration of term or tenure of officeb. Reaching the age limit (retirement)c. Death or permanent disabilityd. Resignatione. Acceptance of an incompatible officef. Abandonment of officeg. Prescription of right to officeh. Removali. Impeachmentj. Abolition of officek. Conviction of a crimel. Recall

Natural Causes(ERD)-Expiration of term or tenure

TERM(TFN)TENURE (PS)

The time during which the officer mayclaim to hold the office as of right

Fixed and definite period of time to hold office

It is not affected by holding-over of the incumbent after expiration of the term for which he was appointed Represents the period during which the incumbent actually holds office

It may be shorter than the term

Term of a Primarily Confidential- when a public officer holds office at the pleasure of the appointing authority, his being replaced shall be regarded as termination through expiration of term and not removal

-Reaching age limit(70,65,O)

-Members of Judiciary 70yrs,Other Government Employee and officer 65 yrs (GSIS), Optional retirement age: after rendition of the minimum number of years of service

-Death of permanent liability

Acts or Neglect of Officer

-Resignation the act of giving up of a public officer by which he declines his office and renounces the further right to use it, usually in writing but not necessarily

Requisites (IA2);

1.Intention to relinquish a part of the term2.Act of relinquishment3.Acceptance by the proper authority either expressly or impliedly

Accepting Authority for Resignation: (CTA)

-Competent authority provided by law

-if law is silent and public officer is appointed, tender to appointing authority

-if law is silent and public officer is elected, tender to officer authorized by law to call an election to fill the vacancy

Resigning Public OfficerAccepting Authority

Pres & V-PresCongress

CongressmanRespective Chambers

Appointive Public OfficersAppointing Authority

Governor, V-Governor, Mayor and V-Mayor of highly urbanized Cities and independent component citiesPresident

City Mayors and V-Mayors of Competent Cities; Municipal Maror and V-MayorGovernor

Sanggunian MembersSanggunian concerned

Elective BarangayMunicipal or City Mayors

Effective date of resignation: the datespecified in the tender; if none, when officers notice of acceptance Courtesy Resignation-Cannot Properly be interpreted as resignation in the legal sense for it is not necessarily a reflection of a public officials intention to surrender his position. Rather, it manifests his submission to the will of the political authority and the appointing power.

-Acceptance of an incompatible office

Test of Incompatibility by the nature and relation of the two offices to each other, they ought not to be held by one person from the contrariety and antagonism which would result in the attempt by one person to faithfully and impartially discharge the duties of one towards the incumbent of the other

Exception: (AV)

1.where the Public officer is authorized by law to accept the other office2.In the case of forbidden office it is the second office that is absolutely void

-Abandonment of office

Abandonment refers to the voluntary relinquishment of an office by the holder of all right, title, or claim thereto with the intention of not reclaiming it, or terminatinghis possession and control thereof.

Requisites: (IO)

1. Intention to abandon office2.Overt Act by which the intention is carried into effect

-Prescription of right to office

Acts of the Government or the People

Removal- forcible and permanent separation of the incumbent from office before the expiration of his term(Ingles v Mutuc)

-Removal not for a just cause or non compliance with the prescribed procedure constitutes a reversible error and entitles the officer or employee to reinstatement with back salaries and without loss of seniority rights

-Demotions and transfers without just cause are tantamount to removal

-Removal or resignation from office is not a bar to a finding of administrative liability

Removal entails the ouster of an incumbent before the expiration of his term. It implies that the office exists after the ouster. Synonymous to dismissal.

- Security of tenure means that an officer or employee in the civil service shall not be suspended or dismissed except for cause as provided by law and only after due process is accorded.

Nepotism (ARCP)-appointments in the national and localgovernments or any branch or instrumentality thereof, including government owned or controlled corporations, made in favor of a relative of the:

a. Appointing authority;b. Recommending authority;c. Chief of the bureau or office; ord.Person exercising immediate supervision over the appointee

Persons not covered

1. Persons employed in a confidential capacity;2. Teachers;3. Physicians;4. Members of the Armed Forces of the Philippines;5. Member of any family who, after his / her appointment to any position in an office or bureau, contracts marriage with someone in the same office or bureau. The employment or retention therein of both husband and wife may be allowed.

Disciplinary jurisdiction

1. The local chief executive may impose the following penalties upon subordinateofficials and employees under his jurisdiction:

a. Removal from service;b. Demotion in rank;c. Suspension for not more than 1 year without pay;d. Fine in an amount not exceeding 6 months salary;e. Reprimand

2. If the penalty imposed is suspension without pay for not more than 30 days, hisdecision shall be final.

3. If the penalty imposed is heavier than suspension of 30 days, the decision shallbe appealable to the Civil Service Commission, which shall decide the appeal within 30 days from receipt thereof.

Withdrawal of complaint against respondent

Desistance of complainant does not preclude the taking of disciplinary action against an officer or employee. Neither does it warrant the dismissal of the administrative case against him nor dissuade the court from imposing the appropriate sanction. (Cruz v. Dalisay, 152 SCRA 482 (1987))

Impeachment- a method of national inquest into the conduct of public men. It is an extraordinary means of removal exercised by the legislature over selected number of officials

Impeachable officials (PVSCO)

a. Presidentb. Vice-presidentc. Members of the Supreme Courtd.Members of the Constitutional Commissionse. Ombudsman

Offenses covered: (CTB2GO)

1. Culpable violation of the Constitution2. Treason3. Bribery4. Graft and corruption5. Other high crimes6. Betrayal of public trust

Illustrative Case:

Section 3(5), Article XI 0f the 1987 Constitution states that, "no impeachment proceedings shall beinitiated against the same official more than one within a period of one year." "The term "to initiate' refers to the filing of the impeachment complaint coupled with Congress' taking initial action of the said complaint. Since Sections 16 and 17 of Rule V of the House of Impeachment Rules provide for a different meaning to the word "to initiate," the said provisions are unconstitutional. The fact that under Section 3(8), Article XI, the Congress is given the power to promulgate its own rules on impeachment does not give the House an absolute rule making power. Such power is limited by thephrase "to effectively carry out the purpose of this section." The question of whether or not the second impeachment complaint filed against Chief JusticeDavide, three months after the first complaint, is subject to judicial review. The reliance of the respondents to US v. Nixon is unavailing. There are two major differences between the U.S. and the Philippine Constitution. "First, the power of judicial review is impliedly granted to the U.S. Supreme Court and is discretionary in nature while under the Philippine Constitution, the same is not only apower but a duty under the court's expanded jurisdiction. Second, the U.S. Constitution did not provide any limitations in thepower of the members of the House of Representatives in initiating impeachment cases filing, required vote to impeach and the one year ban rule."

Penalties for impeachment:a. Removal from officeb. Disqualification to hold any office under the Republic of the Philippinesc. Subjection and liability for criminal prosecution, trial and punishment

ABOLITION

By abolition of office

Authority with power to abolish1. Congress may abolish any office it creates without infringing upon the rights of the officer or employee concerned

2. The President pursuant to a valid delegation of power

3. Local governments when said power has been delegated to them

4. By the people themselves when they amend the Constitution

Abolition of office even during term of incumbent

1. The power to abolish may be exercised at any time and even while the office is occupied by a duly elected or appointed incumbent.

2. There is no deprivation of the right of the incumbent because he has no contractual or property interest in the office. acceptance of the office is with the understanding that it may be abolished anytime.

3. Tenure of office is not affected by the constitutional prohibition against the impairment of contracts. Security of tenure does not protect civil service employees from abolition of the positions held by them in the absence of any other provision expressly or impliedly prohibiting abolition thereof.

4. What constitutes abolition

-To consider an office abolished, there must have been intention to do away with it wholly and permanently. There is no abolition where the position is the same one but bearing a different name.

RemovalAbolition

There is an office with an occupant who would thereby lose his positionAfter abolition, there is no more occupant as there is no more office.

The position subsists and the incumbent ismerely separated therefrom.The right to security of tenure does not exist in anon-existent office.

CONVICTION

-appearing in constitutional or statutory provisions providing for the removal or disqualification from public office of an officer who has been convicted, means conviction in a trial court. It contemplates a finding of guilt beyond reasonable doubt followed by a judgment upholding and implementing such finding.

-A plea of guilty accepted by the court, together with a sentence amounts to conviction calling for removal of the officer or the discharge of the public employee.

c. Since civil, administrative and criminal cases against a public officer are separate,distinct, and can prosper independently from each other, lack or absence of proofbeyond reasonable doubt in a criminal case does not mean the absence of other evidence which may be deemed adequate in civil cases (preponderance ofevidence) or administrative proceedings (substantial evidence).

Effects of pardon

-Pardon granted after conviction frees the individual from all the penalties and / or legal disabilities and restores him to all his civil rights but does not restore the right to public office, unless: (EO)

1. Expressly restored by the pardon;2. Pardon is grounded on the persons innocence.

RECALL

It is the procedure by which an elective official may be removed at any time during his term by the vote of the people at an election called for such purpose or at a general election.

(HALFWAYlove you beh.)

PART II: election naka PDF 44 pages yun .