RIGHT TO SELF ORGANIZATION This guarantee is reiterated in the second

paragraph of Section 3, Article XIII, on Social

Tupas v. NHA, May 4, 1989, Regalado, J.
Justice and Human Rights, which mandates that
Facts: the State "shall guarantee the rights of all
workers to self-organization, collective
Petitioner Trade Unions of the Philippines and bargaining and negotiations, and peaceful
Allied Services (TUPAS, for brevity) is a concerted activities, including the right to strike
legitimate labor organization with a chapter in in accordance with law
NHC.
The employees of the public sector comprise the
TUPAS filed a petition for the conduct of a largest bloc of workers in our national work
certification election with Regional Office No. force. Governmental bureaucracy is continually
IV of the Department of Labor in order to being reorganized to cope with the growing
determine the exclusive bargaining complexity of the problems and needs of
representative of the workers in NHC. It was political and administrative governance. As the
claimed that its members comprised the majority increase in the number of government
of the employees of the corporation. employees grows space, the need to enhance
Labor-Arbiter dismissed the petition, holding their welfare correspondingly becomes more
that NHC "being a GOCC its imperative. While it may be assumed that the
employees/workers are prohibited to form, join Government is exerting efforts to advance the
or assist any labor organization for purposes of interests of its employees, it is quite
collective bargaining pursuant to Section 1, Rule understandable that the employees themselves
II, Book V of the Rules and Regulations should actively seek arrangements where by
Implementing the Labor Code." they can participate more meaningfully in
management and employment relationships.
Bureau of Labor Relations reversed the order of There is, thus, a proliferation of unions or
dismissal and ordered the holding of a employees' organizations, each seeking
certification election. concomitant representational recognition.
Issue: SSS v. CA, 28 July 1989, Cortes, J.
WON the employees of NHC, a GOCC Facts:
organized under the Corporation Code (and
therefore without an original charter), have the SSSEA went on strike after the SSS failed to act
right to unionize – YES on the union's demands.

Ratio: SSS filed with the RTC a complaint for damages

with a prayer for a writ of preliminary injunction
The workers or employees of NHC undoubtedly against SSSEA when the officers and members
have the right to form unions or employees' of SSSEA staged an illegal strike and baricaded
organizations. The right to unionize or to form the entrances to the SSS Building, preventing
organizations is now explicitly recognized and non-striking employees from reporting for work
granted to employees in both the governmental and SSS members from transacting business
and the private sectors. The Bill of Rights with the SSS; that the strike was reported to the
provides that "(t)he right of the people, including Public Sector Labor - Management Council,
those employed in the public and private sectors, which ordered the strikers to return to work; that
to form unions, associations or societies for the strikers refused to return to work; and that
purposes not contrary to law shall not be the SSS suffered damages as a result of the
abridged" strike.
RTC declared the strike illegal service; and absence without official leave
in violation of PD 807 and preventively
Issue: suspended
WON the SSS employees have the right to
They were found guilty and dismissed. On
strike.—NO
MR, the penalty was modified to 9 months
Ratio: suspension

The 1987 Constitution, in the Article on Social

Justice and Human Rights, provides that the Issue:
State "shall guarantee the rights of all workers to WON gov’t employees have a right to strike -
self-organization, collective bargaining and NO
negotiations, and peaceful concerted activities,
including the right to strike in accordance with Ratio:
law" [Art. XIII, Sec. 31].
It bears stressing that suspension of public
However, in the Sub-Article on the Civil Service services, however temporary, will inevitably
Commission, it only provides that "[t]he right to derail services to the public, which is one of the
self-organization shall not be denied to reasons why the right to strike is denied
government employees" government employees. It may be conceded that
the petitioners had valid grievances and noble
Further, a reading of the proceedings of the intentions in staging the “mass actions,” but that
Constitutional Commission that drafted the 1987 will not justify their absences to the prejudice of
Constitution would show that in recognizing the innocent school children. Their righteous
right of government employees to organize, the indignation does not legalize an illegal work
commissioners intended to limit the right to the stoppage.
formation of unions or associations only,
without including the right to strike.
Bangalisan v. CA, July 31, 1997, Regalado, J. OTHER RIGHTS

Facts: Borromeo v. Civil Service Commission, July

31, 1991, Gutierrez, J.
Petitioners, were among the 800 public
school teachers who staged “mass actions” Facts:
on September 17 to 19, 1990 in order o
dramatize their grievances concerning, in the Aug. 18, 1988 – Jesus Borromeo, Chairman of
main, the alleged failure of the public the Civil Service Commission, wrote a letter to
authorities to implement in a just and correct the Commission on Audit Chairman, through the
manner certain laws and measures intended CSC Chairman, requesting an opinion on w/n
for their material benefit. the money value of the terminal leave of retired
Constitutional Commission members should
DECS Secretary issued a Return to Work include the allowances received at the time of
Order. They failed to comply with the retirement. He said that while retired members
Order, so they were charged by the of other Constitutional Commissions received
Secretary with “grave misconduct; gross terminal leave pay computed on the basis of
neglect of duty; gross violation of Civil highest monthly salary including allowances, his
Service law, rules and regulations and terminal leave was computed solely on the basis
reasonable office regulations; refusal to of highest monthly salary i.e. excluding
perform official duty; gross insubordination; allowances.
conduct prejudicial to the best interest of the
The CSC Chairman recommended to the COA covered by the vacation or sick leave
Chairman the approval of Borromeo’s request period or upon returning to work.
for payment of the money value of his terminal o In contrast, commutation of leave
leave based on salary plus allowances. credits, more commonly known as
terminal leave, is applied for by an
However, the DBM denied Borromeo’s request officer or employee who retires, resigns
for the following reasons: or is separated from the service through
Computation of the money value of no fault of his own.
vacation and sick leave is based on In the exercise of sound personnel policy, the
“basic pay” or “basic salary” pursuant to Government encourages unused leaves to be
the provisions of the Revised accumulated. The Government recognizes that
Administrative Code, as amended by for most public servants, retirement pay is
RA 1081. always less than generous if not meager and
scrimpy. A modest nest egg which the senior
Under Sec 2(1) of PD 1146, the term citizen may look forward to is thus provided.
salary refers to the basic pay or salary Terminal leave payments are given not only at
received by an employee, excluding per the same time but also for the same policy
diems, bonuses, overtime pay and considerations governing retirement benefits.
allowance. Since terminal leave is applied for by an officer
or employee who has already severed his
The cases of former COA connection with his employer and who is no
Commissioners Pobre and Sarmiento longer working, then it follows that the terminal
cannot be validly invoked as precedents leave pay, which is the cash value of his
for purposes of DBM Budgetary action accumulated leave credits, should not be treated
since said claims were processed as compensation for services rendered at that
without prior involvement of the DBM. time. It cannot be viewed as salary for purposes
which would reduce it.
Issue:
There can be no “commutation of salary” when
Whether the RATA and COLA should be added a government retiree applies for terminal leave
to the highest monthly salary in computing because he is not receiving it as salary. What he
Borromeo’s terminal leave pay – YES applies for is a “commutation of leave credits.”
It is an accumulation of credits intended for old
Ratio: age or separation from the service. Hence, Sec.
The only provision in Sec. 286 which could 286 of the Revised Administrative Code is not
seemingly support the Solicitor General’s view applicable. It cannot be construed as limiting the
is the underlined clause which allows the basis of the computation of terminal leave pay to
“commutation of salary” of a government monthly salary only.
officer, employee, or laborer. In the light of the reasons which impelled the
o “Commutation of salary” as used in Sec. law to include COLA and RATA in computing
286 is, however, not the same as retirement benefits of certain officials, we rule
“commutation of leave credits.” The that terminal leave payments must also be
former is applied for by an employee governed by the same principle.
during employment when he goes on
ordinary leave. Thus, if his Department CA 186 provides for the retirement of
Head allows it, the employee may government employees other than members of
receive his salary for the period of the the Judiciary, Constitutional Commissions, and
vacation or sick leave before the those whose retirement is not covered by special
beginning of such leave; otherwise, he law. Under the last sentence of Sec. 12(c), CA
gets his salary only on the paydays 186, officials and employees retired under CA
186 shall be entitled to the commutation of the
vacation and sick leave credits based on the During this additional period of service, the
highest rate received. Salary Standardization Law (R.A. No. 6758)
took effect and increased Manapat's monthly
The same rule of uniformity applied in Paredes salary from P3,993.33 to P11,385.00.
for those retiring under CA 186 as amended
should also apply for those who retire under GSIS adjusted Manapat's approved application
R.A. 910 as amended. The rate used in for retirement to conform with his last
computing retirement gratuities also applies in standardization monthly salary of P11,385.00.
the computation of terminal leave credits. It is This adjustment resulted in a total collectible
axiomatic that retirement laws are liberally retirement pay or gratuity of P486,634.84.
construed and administered in favor of the
persons intended to be benefited. All doubts as The approved adjusted claim of Manapat for
to the intent of the law should be resolved in retirement benefits was forwarded by the GSIS
favor of the retiree to achieve its humanitarian to the Board of Tax Assessment Appeals of the
purposes. City of Manila. The Assistant Department Head
Although terminal leave pay is not synonymous of that Board in turn transmitted the papers to
with, and is not a part of, the five-year lump sum the Chairman of the Committee on the
gratuity provided under RA 910 as amended and
Settlement of Claims for Retirement Gratuity
AO 444, the former may, in a broad sense,
and Terminal Leave Pay ("Committee").
partake of the nature of a gratuity rather than
actual salary. A gratuity is that paid to the Chairman of that Committee returned the papers
beneficiary for past services rendered purely out to the Manila Board of Tax Assessment Appeals
of generosity of the giver or grantor. It is a mere without acting on the retirement gratuity claim
bounty given by the government in of Manapat, upon the ground that it was existing
consideration and recognition of meritorious policy of the City of Manila that an employee
services and springs rom the appreciation and who has reached the compulsory retirement age
graciousness of the government. of sixty-five (65) years must retire under R.A.
No. 660 and not under the provisions of R.A.
No. 1626, as amended.
Lopez v. CA, December 6, 1992, Feliciano, J.
Manapat then commenced in the Regional Trial
Facts:
Court of the City of Manila, a special civil
Galicano Manapat retired from the government action for mandamus of the City of Manila to
service as Chief of the Legal Division of the allow Manapat to retire under the provisions of
Office of the Municipal Board of Manila. He R.A. No. 1616, as amended. The trial court
retired under the provisions of R.A. No. 1616, as dismissed the petition.
amended, having then rendered twenty (20)
Issue:
years of service to petitioner City of Manila and
received the amount of P24,479.02 representing WON Manapat can retire under the provisions of
his full retirement benefit. R.A. No. 1616 – YES
Manapat was reemployed by the City of Manila, Ratio:
this time as Secretary of the City of Manila
Board as Tax Assessment Appeals. He occupied The interpretation urged by petitioners is
that position until he reached the compulsory conspicuously at war with the basic policy
retirement age of sixty-five (65) years. The City purpose of CA 186 as amended by RA 1616
of Manila extended his period of service for six which is, of course, to create an added incentive
(6) months. for qualified government employees to remain in
the service of the government. The basic
principles for the construction of statutes tell us
that a statute must be read in such a way as to retirement age of 65 years, unless his retention
give effect to the purpose projected in the for another year is sought by the head of office
statute. Under this principle of effectiveness, under Civil Service Memorandum Circular No.
retirement statutes, in case of a real as 27, s. 1990.
distinguished from a merely ostensible doubt or
ambiguity, must be so construed as to give Issue:
meaning and effect to their humanitarian WON a gov’t employee who has reached the
purposes and so as reasonably to benefit compulsory retirement age of 65 years, but who
employees who had opted to stay in the services has rendered almost 15 years of service, may be
of the government for so many years. Thus, we allowed to continue in the service to complete
read Section 12(c) as applicable in respect of the 15-year service requirement to enable him to
private respondent Manapat who had complied retire with the benefits of an old-age pension -
with the requirement of that subsection of at YES
least 20 years of service. The benefits of Section
12(c) are, under its express terms, available to Ratio:
anyone who shall have rendered at least 20 years There is thus no justifiable reason in not
of service, "regardless of [the] age" reached by allowing ordinary employees in the Executive
the retiree at the time of his retirement. Branch on a case to case basis, to continue in the
Cena v. Civil Service Commission, July 3, service to complete the 15-year service
1992, Medialdea, J. requirement. By limiting the extension of service
to only 1 year would defeat the beneficial
Facts: intendment of the retirement provisions of P.D.
1146.
Petitioner Gaudencio T. Cena entered the
government service on November 16, 1978 as In resolving the issue, there must be present an
Legal Officer II of the Law Department of essential factor before an application under
Caloocan City where he stayed for 7 years until Section 11 par. (b) of P.D. 1146 may be granted
his transfer on November 16, 1986 to the Office by the employer or government office
of the Congressman of the First District of concerned. In the case of officials of the
Caloocan City where he worked for only 3 Judiciary, the Court allows a making up or
months, or until February 15, 1987, as compensating for lack of required age or service
Supervising Staff Officer. only if satisfied that the career of the retiree was
marked by competence, integrity, and dedication
The LRA Administrator sought a ruling from the
to the public service. It must be so in the instant
CSC whether or not to allow the extension of
case.
service of Cena as he is covered by Civil Service
Memorandum No. 27, series 1990. The LRA The phrase "he shall be allowed to continue in
Administrator observed that if petitioner's the service to complete the fifteen years" found
service as of January 22, 1991 of 10 years, 6 in Section 11 (b) is a reproduction of the phrase
months and 6 days (should be 11 years, 9 in the original text found in Section 12 (e) of CA
months and 6 days) would be extended to 15 186, as amended, otherwise known as the
years, he would have to retire on April 15, 1994 "Government Service Insurance Act". There is
at the age of 68 years. nothing in the original text as well as in the
revised version which would serve as the basis
CSC denied Cena's request for extension,
for providing the allowable extension period to
declaring that Mr. Cena shall be considered
only 1 year. There is likewise no indication that
retired from the service on January 22, 1991, the
Section 11(b) contemplates a borderline
date when he shall reach the compulsory
situation where a compulsory retiree on his 65th
birthday has completed more than 14, but less precisely the inability of legislative bodies to
than 15 years of government service., i.e. only a anticipate all (or many) possible detailed
few months short of the 15-year requirement situations in respect of any relatively complex
which would enable him to collect an old-age subject matter, that makes subordinate,
pension. delegated rule-making by administrative
agencies so important and unavoidable. All that
Rabor v. Civil Service Commission, 31 May
may be reasonably; demanded is a showing that
1995, Feliciano, J the delegated legislation consisting of
Facts: administrative regulations are germane to the
general purposes projected by the governing or
Dionisio M. Rabor is a Utility Worker in the enabling statute.
Office of the Mayor, Davao City. He entered the
government service as a Utility Worker on 10 People v. Jalosjos, April 22, 2000, Vital-
April 1978 at the age of 55 years. Gozon, J.

Alma D. Pagatpatan, an official in the Office of Facts:

the Mayor of Davao City, advised Dionisio M.
The accused-appellant, Romeo G. Jalosjos is a
Rabor to apply for retirement, considering that
full-fledged member of Congress who is
he had already reached the age of sixty-eight
confined at the national penitentiary while his
(68) years and seven (7) months, with thirteen
conviction for statutory rape on two counts and
(13) years and one (1) month of government
acts of lasciviousness on six count is pending
service.
appeal.
Mayor Duterte advised Rabor to stop reporting
The accused-appellant filed this motion asking
for work.
that he be allowed to fully discharge the duties
Petitioner Rabor then sent to the Regional of a Congressman, including attendance at
Director, CSRO-XI, a letter asking for extension legislative sessions and committee meetings
of his services in the City Government until he despite his having been convicted in the first
"shall have completed the fifteen (15) years instance of a non-bailable offense.
service requirement in the Government so that
Issue:
he could also avail of the benefits of the
retirement laws given to employees of the WON Jalosjos should be allowed to attend
Government." This request was denied by sessionsin Congress – NO
Director Cawad.
Ratio:
Issue:
The members of Congress cannot compel
WON Cena is still good law - NO absent members to attend sessions if the
reason for the absence is a legitimate one. The
Ratio: confinement of a Congressman charged with a
Clearly, therefore, Cena when it required a crime punishable by imprisonment of more than
considerably higher degree of detail in the six months is not merely authorized by law, it
statute to be implemented, went against has constitutional foundations.
prevailing doctrine. It seems clear that if the
One rationale behind confinement, whether
governing or enabling statute is quite detailed
pending appeal or after final conviction, is
and specific to begin with, there would be very
public self-defense. Society must protect itself.
little need (or occasion) for implementing
It also serves as an example and warning to
administrative regulations. It is, however,
others.
A person charged with crime is taken into President Arroyo about the bribery attempt and
custody for purposes of the administration of that she instructed him not to accept the bribe.
justice. However, s to the following subjects, he refused
to answer: a) whether or not President Arroyo
The accused-appellant states that the plea of the
followed up the NBN Project, (b) whether or not
electorate which voted him into office cannot be
she directed him to prioritize it, and (c) whether
supplanted by unfounded fears that he might
or not she directed him to approve.
escape eventual punishment if permitted to
perform congressional duties outside his regular Issue:
place of confinement.
WON the communications elicited by the
What the Jalosjos seeks is not of an emergency subject three (3) questions covered by executive
nature. Allowing him to attend congressional privilege? YES
sessions and committee meetings for five (5)
days or more in a week will virtually make him Ratio:
a free man with all the privileges appurtenant to Using the elements found in three US cases
his position. Such an aberrant situation not only (Nixon, In Re Sealed Case and Judicial Watch),
elevates his status to that of a special class, it SC is convinced that, indeed, the
also would be a mockery of the purposes of the communications elicited by the three (3)
correction system. questions are covered by the presidential
communications privilege.
Neri v. Senate, March 25, 2008, Leonardo-De
Castro, J.  First, the protected communication must
relate to a quintessential and non-
Facts:
delegable presidential power. The
On April 21, 2007, the Department of communications relate to a
Transportation and Communication (DOTC) quintessential and non-delegable power
entered into a contract with Zhong Xing of the President, i.e. the power to enter
Telecommunications Equipment (ZTE) for the into an executive agreement with other
countries. This authority of the President
supply of equipment and services for the
to enter into executive
National Broadband Network (NBN) Project agreements without the concurrence of
: Businessman Jose de Venecia III testified that the Legislature has traditionally been
several high executive officials and power recognized in Philippine jurisprudence.
brokers were using their influence to push the  Second, the communication must be
authored or solicited and received by a
approval of the NBN Project by the NEDA. It
close advisor of the President or the
appeared that the Project was initially approved
President himself. The judicial test is
as a Build-Operate-Transfer (BOT) project but, that an advisor must be in operational
on March 29, 2007, the NEDA acquiesced to proximity with the President.
convert it into a government-to-government  Third, the presidential communications
project, to be financed through a loan from the privilege remains a qualified privilege
Chinese Government. that may be overcome by a showing of
adequate need, such that the information
Petitioner testified before respondent sought likely contains important
Committees for 11 hours. He disclosed that then evidence and by the unavailability of the
Commission on Elections (COMELEC) information elsewhere by an appropriate
Chairman Benjamin Abalos offered him P200 investigating authority.
Million in exchange for his approval of the NBN
Project. He further narrated that he informed
 A fact worth highlighting is that petitioner January 2, 1990, in compliance with a request
is not an unwilling witness. He manifested addressed by the President of the Philippines to
several times his readiness to testify before "all Department Heads, Undersecretaries,
respondent Committees. He refused to Assistant Secretaries, Bureau Heads," and other
answer the three (3) questions because he government officials, he filed a courtesy
was ordered by the President to claim resignation.
executive privilege. It behooves respondent
Committees to first rule on the claim of This was accepted by the President on April 3,
executive privilege and inform petitioner of 1990, "with deep regrets." On April 10, 1990,
their finding thereon, instead of the Secretary of Labor requested him to turn
peremptorily dismissing his explanation as over his office to the Deputy Administrator as
unsatisfactory. Undoubtedly, officer in-charge.
respondent Committees actions constitute gr
ave abuse of discretion for In a letter dated April 19, 1990, he protested his
being arbitrary and for denying petitioner du replacement and declared he was not
e process of law. The same quality afflicted surrendering his office because his resignation
their conduct when they (a) disregarded was not voluntary but filed only in obedience to
petitioners motion for reconsideration
the President's directive.
alleging that he had filed the present petition
before this Court and (b) ignored petitioners On the same date, respondent Jose N. Sarmiento
repeated request for an advance list of was appointed Administrator of the POEA, vice
questions, if there be any aside from the the petitioner. Achacoso was informed thereof
three (3) questions as to which he claimed to the following day and was again asked to vacate
be covered by executive privilege.
his office. He filed a motion for reconsideration
on April 23, 1990, but this was denied on April
Even the courts are repeatedly advised to
exercise the power of contempt judiciously 30, 1990. He then came to this Court for relief.
and sparingly with utmost self-restraint with Achacoso filed a petition for prohibition and
the end in view of utilizing the same for
mandamus, this Court is asked to annul the
correction and preservation of the dignity of
appointment of Sarmiento and to prohibit the
the court, not for retaliation or vindication.
Respondent Committees should have respondents from preventing the petitioner from
exercised the same restraint, after all discharging his duties as Administrator of the
petitioner is not even an ordinary witness. POEA.
He holds a high position in a co-equal
Achacoso contends: that he is a member of the
branch of government.
Career Service of the Civil Service and so
enjoys security of tenure, which is one of the
characteristics of the Career Service as
distinguished from the Non-Career Service.
TERMINATION OF OFFICIAL Claiming to have the rank of undersecretary, he
RELATIONS says he comes under Article IV, Section 5 of
Achacoso v. Macaraig; March 13, 1991; Cruz, P.D. 807, otherwise known as the Civil Service
J. Decree, which includes in the Career Service.

Facts: 3. Positions in the Career Executive

Service; namely, Undersecretary,
Achacoso was appointed Administrator of the Assistant Secretary, Bureau Director,
Philippine Overseas Employment Assistant Bureau Director, Regional
Administration (POEA) on October 16, 1987, Director, Assistant Regional Director,
and assumed office on October 27, 1987. On Chief of Department Service and other
 officers of equivalent rank as may be  The purpose of an acting or temporary
identified by the Career Executive appointment is to prevent a hiatus in the
Service Board, all of whom are discharge of official functions by
appointed by the President. authorizing a person to discharge the same
pending the selection of a permanent or
The respondents contend that as the petitioner another appointee.
was not a career executive service eligible at the  The person named in an acting capacity
time of his appointment, he came under the accepts the position under the condition that
exception to the above rule and so was subject to he shall surrender the office once he is
the provision that he "shall subsequently take the called upon to do so by the appointing
required Career Executive Service examination authority.
and that he shall not be promoted to a higher  One who holds a temporary appointment has
rank until he qualifies in such examination." Not no fixed tenure of office; his employment
having taken that examination, he could not can be terminated at the pleasure of the
appointing power, there being no need the
claim that his appointment was permanent and
show that the termination is for cause.
guaranteed him security of tenure in his position.
 The petitioner contends that his appointment
Issue: was really intended to be permanent because
temporary appointments are not supposed to
WON Petitioner is a career official and is exceed twelve months and he was allowed
entitled to security of tenure – No to serve in his position for more than three
years.
Ratio:  This is unacceptable. Even if that intention
 It is settled that a permanent appointment were assumed, it would not by itself alone
can be issued only "to a person who meets make his appointment permanent. Such an
all the requirements for the position to appointment did not confer on the petitioner
which he is being appointed, including the the appropriate civil service eligibility he did
appropriate eligibility prescribed." Achacoso not possess at the time he was appointed,
did not. nor did it vest him with the right to security
of tenure that is available only to permanent
 At best, therefore, his appointment could be
appointees.
regarded only as temporary. And being so, it
could be withdrawn at will by the appointing
authority and "at a moment's notice,"  In the case at bar, the petitioner was not
conformably to established jurisprudence. eligible and therefore could be appointed at
best only in a temporary capacity
 It should be obvious from all the above
 The mere fact that a position belongs to the observations that the petitioner could have
Career Service does not automatically been validly replaced even if he had not
confer security of tenure on its occupant filed his courtesy resignation. We therefore
even if he does not possess the required do not have to rule on its legality. Suffice it
qualifications. Such right will have to to say that it could have been a graceful way
depend on the nature of his appointment, of withdrawing him from his office with all
which in turn depends on his eligibility or the formal amenities and no asperity or
lack of it. discord if only he had not chosen to contest
 A person who does not have the requisite it. But it was his right to do so, of course,
qualifications for the position cannot be although his challenge has not succeeded.
appointed to it in the first place or, only as
an exception to the rule, may be appointed
Lecaroz v. Sandiganbayan; March 25, 1999;
to it merely in an acting capacity in the
absence of appropriate eligibles. Bellosilio, J.
Facts: Petitioner Francisco M. Lecaroz was the Meanwhile, Mayor Lecaroz prepared and
Municipal Mayor of Santa Cruz, Marinduque, approved on different dates the payment to
while his son, his co-petitioner Lenlie Lecaroz, Lenlie Lecaroz of twenty-six (26) sets of
was the outgoing chairman of the Kabataang payrolls for the twenty-six (26) quincenas
Barangay (KB) of Barangay Bagong Silang, covering the period 16 January 1986 to 30
Municipality of Santa Cruz, and concurrently a January 1987. Lenlie Lecaroz signed the payroll
member of its Sangguniang Bayan (SB) for 1-15 January 1986 and then authorized
representing the Federation of Kabataang someone else to sign all the other payrolls for
Barangays. the succeeding quincenas and claim the
corresponding salaries in his behalf.
In the 1985 election for the Kabataang Barangay
Jowil Red won as KB Chairman of Barangay
Matalaba, Santa Cruz. Parenthetically, Lenlie
On 25 October 1989, or three (3) years and nine
Lecaroz did not run as candidate in this electoral
(9) months from the date he received his
exercise as he was no longer qualified for the
appointment papers from President Marcos, Red
position after having already passed the age limit
was finally able to secure from the Aquino
fixed by law
Administration a confirmation of his
Red was appointed by then President Ferdinand appointment as KB Sectoral Representative to
Marcos as member of the Sangguniang Bayan of the Sanggunian Bayan of Santa Cruz.
Santa Cruz representing the KBs of the
Red filed with the Office of the Ombudsman
municipality. Imee Marcos-Manotoc, then the
several criminal complaints against Mayor
National Chairperson of the organization, sent a
Francisco Lecaroz and Lenlie Lecaroz arising
telegram to Red confirming his appointment and
from the refusal of the two officials to let him
advising him further that copies of his
assume the position of KB sectoral
appointment papers would be sent to him in due
representative. After preliminary investigation,
time through the KB Regional Office. Red
the Ombudsman filed with the Sandiganbayan
received the telegram on 2 January 1986 and
thirteen (13) Informations for estafa through
showed it immediately to Mayor Francisco M.
falsification of public documents against
Lecaroz.
petitioners, and one (1) Information for violation
Armed with the telegram and intent on assuming of Sec. 3, par. (e), of RA No. 3019, the Anti-
the position of sectoral representative of the KBs Graft and Corrupt Practices Act, against Mayor
to the SB, Red attended the meeting of the Lecaroz alone.
Sanggunian upon the invitation of one of its
The Sandiganbayan found the 2 accused guilty
members, Kagawad Rogato Lumawig. In that
on all counts of estafa, however, with respect to
meeting, Mayor Francisco M. Lecaroz informed
the violation of Sec. 3(e), of RA 3019, SB
Red that he could not yet sit as member of the
acquitted Francisco. It found that Red was
municipal council until his appointment had
neither authorized to sit as member of the SBay
been cleared by the Governor of Marinduque.
because he was not properly appointed thereto
Red finally received his appointment papers nor had he shown to the mayor sufficient basis
sometime in January 1986. But it was only on 23 for his alleged right to a seat in the municipal
April 1986, when then President Corazon C. council. Thus, Francisco was legally justified in
Aquino was already in power, that he forwarded not allowing Red to assume the position of
these documents to Mayor Lecaroz. This Kagawad.
notwithstanding, Red was still not allowed by
the mayor to sit as sectoral representative in the Issue:
Sanggunian.
WON Mayor Lecaroz erred in not allowing Red specifically Sec. 21, Art. VI, members of the
to assume his position – NO then Batasang Pambansa were not
authorized to administer oaths. It was only
Ratio: after the approval of RA No. 6733 on 25
July 1989 and its subsequent publication in a
 The basic propositions upon which the newspaper of general circulation that
Sandiganbayan premised its conviction of members of both Houses of Congress were
the accused are: (a) although Red was duly
vested for the first time with the general
elected KB Chairman he could not validly
authority to administer oaths. Clearly, the
assume a seat in the Sanggunian as KB oath taken by Red before a member of the
sectoral representative for failure to show a Batasang Pambansa who had no authority to
valid appointment; and, (b) Lenlie who was administer oaths, was invalid and amounted
the incumbent KB representative could not to no oath at all.
hold over after his term expired because
 To be sure, an oath of office is a qualifying
pertinent laws do not provide for holdover.
requirement for a public office; a
 Petitioner argument: Red failed to qualify as
prerequisite to the full investiture with the
KB sectoral representative since he did not office. Only when the public officer has
present an authenticated copy of his satisfied the prerequisite of oath that his
appointment papers; neither did he take a right to enter into the position becomes
valid oath of office. Resultantly, this enabled plenary and complete. Until then, he has
Lenlie to continue as member of the SB none at all. And for as long as he has not
although in a holdover capacity since his
qualified, the holdover officer is the rightful
term had already expired. occupant.
 The concept of holdover when applied to a  Thus, since Red never qualified for the post,
public officer implies that the office has a
Lenlie remained KB representative, albeit in
fixed term and the incumbent is holding
a holdover capacity, and was in every aspect
onto the succeeding term. It is usually a de jure officer, or at least a de facto officer
provided by law that officers elected or entitled to receive the salaries and all the
appointed for a fixed term shall remain in emoluments appertaining to the position. As
office not only for that term but until their such, he could not be considered an intruder
successors have been elected and qualified and liable for encroachment of public office.
 The law abhors a vacuum in public offices,
and courts generally indulge in the strong WON Petitioners should be held liable for estafa
presumption against a legislative intent to
– NO
create, by statute, a condition which may
result in an executive or administrative  When Red showed up at the Sanggunuan
office becoming, for any period of time, meeting, what he presented to Mayor
wholly vacant or unoccupied by one Francisco was a mere telegram sent by Imee
lawfully authorized to exercise its functions. informing him of his supposed appointment,
This is founded on obvious considerations of together with a photocopy of a "Mass
public policy, for the principle of holdover is Appointment." Without authenticated copies
specifically intended to prevent public of the appointment papers, Red had no right
convenience from suffering because of a to assume office, and Francisco had every
vacancy and to avoid a hiatus in the right to withhold recognition.
performance of government functions.  Although Red received his appointment
 Sandiganbayan: by taking his oath of office papers signed by Pres. Marcos in January
before Reyes in 1985, Red validly assumed 1986, he forwarded the same to Mayor
the KB presidency upon the expiration of Francisco only on 23 April 1986 during
the term of Lenlie. which time Marcos had already been
 However, under the provisions of the deposed and Aquino had already taken over.
Administrative Code then in force, On 25 March 1986 the Freedom
 Constitution came into being providing in clerical error which was later rectified in the
Sec. 2 of Art. III thereof that – succeeding payroll. This however cannot be
o Sec. 2. All elective and confirmed by the evidence at hand. But
appointive officials and since a doubt is now created about the
employees under the 1973 import of such omission, the principle of
Constitution shall continue in equipoise should properly apply. This rule
office until otherwise provided demands that all reasonable doubt intended
by proclamation or executive to demonstrate error and not a crime should
order or upon the designation of be resolved in favor of the accused. If the
their successors if such inculpatory facts and circumstances are
appointment is made within a capable of two or more explanations, one of
period of one (1) year from which is consistent with the innocence of the
February 26, 1986. accused and the other with his guilt, then the
 Duty bound to observe the constitutional evidence does not fulfill the test of moral
mandate, Francisco through the provincial certainty and is not sufficient to support a
governor forwarded the papers of Red to conviction
then Minister of Interior and Local  For the offense to be established, the
Government Pimentel, Jr., requesting advice following elements must concur: (a) the
on the validity of the appointment signed by offender makes in a document
Marcos. statements in a narration of facts; (b) the
 In ascribing malice and bad faith, SB cited 2 offender has a legal obligation to
circumstances which purportedly indicated disclose the truth of the facts narrated;
criminal intent. It pointed out that Lenlie (c) the facts narrated by the offender are
was not in the municipal payroll for the first absolutely false; and, (d) the perversion
quincena of 1986 which meant that his term of truth in the narration of facts was
had finally ended, and that the reinstatement made with the wrongful intent of
of Lenlie by Francisco in the payroll periods injuring a third person.
from 15 January 1986 and thereafter for the  The 1st and 3rd elements of the offense
next 12 -1/2 months was for no other have not been established in this case. In
purpose than to enable him to draw salaries approving the payment of salaries to
from the municipality. Lenlie, Francisco signed uniformly-
 There is however no evidence, documentary worded certifications thus –
or otherwise, that Francisco himself caused o I hereby certify on my official
the name of Lenlie to be dropped from the oath that the above payroll is
payroll for the first quincena of January correct, and that the services
1986. On the contrary, it is significant that above stated have been duly
while Lenlie’s name did not appear in the rendered. Payment for such
payroll for the first quincena, yet, in the services is also hereby approved
payroll for the next quincena Lenlie was from the appropriations
paid for both the first and second quincenas, indicated.
and not merely for the second half of the  When Francisco certified to the
month which would have been the case if he correctness of the payroll, he was
was actually "dropped" from the payroll for making not a narration of facts but a
the first 15 days and then "reinstated" in the conclusion of law expressing his belief
succeeding payroll period, as held by the that Lenlie was legally holding over as
court a quo. member of the Sanggunian and thus
 From all indications, it is possible that the entitled to the emoluments attached to
omission was due to the inadequate the position. This is an opinion
documentation of Red's appointment to and undoubtedly involving a legal matter,
assumption of office, or the result of a mere and any "misrepresentation" of this kind
 cannot constitute the crime of false employees are also subject to the required civil
pretenses. service eligibilities", in accordance with
 These are not legally acceptable indicia, pertinent civil service law, rules and regulations.
for they are the very same acts alleged Thus, private respondents were issued only
in the Informations as constituting the temporary appointments because at the time of
crime of estafa through falsification. their appointment, they lacked appropriate civil
They cannot qualify as proof of service eligibilities or otherwise failed to meet
complicity or unity of criminal intent.
the necessary qualification standards for their
Conspiracy must be established
separately from the crime itself and respective positions.
must meet the same degree of proof, i.e.,
proof beyond reasonable doubt. While Private respondent Ms. Cerillo, specifically, was
conspiracy need not be established by issued a one-year temporary appointment to the
direct evidence, for it may be inferred position of Board Secretary II of PAFCA, that
from the conduct of the accused before,
is, from Jan 1, 1992 to Dec 31, 1992. This
during and after the commission of the
crime, all taken together however, the appointment went along the line enunciated by
evidence must reasonably be strong the CSC in a letter, which emphasized that
enough to show community of criminal temporary appointments were good and
design. renewable only up to 1992, to wit:
 Perhaps subliminally aware of the
o Please note that temporary appointments
paucity of evidence to support it, and if
last only for a maximum of one (1) year
only to buttress its finding of
and all personnel appointed in a
conspiracy, the Sandiganbayan stressed
temporary capacity can be replaced any
that the two accused are father and son.
time by a civil service eligible. Since
Granting that this is not even ad
you have just been recently covered by
hominem, we are unaware of any
the Civil Service Law and rules, this
presumption in law that a conspiracy
Field Office approved all your
exists simply because the conspirators
temporary appointments subject to
are father and son or related by blood.
yearly renewal up to 1992 only.
Subsequent appointments should strictly
conform with civil service policies. You
Gloria v. De Guzman; October 6, 1995; may, therefore, advise all your
Hermosisima, Jr.,J. temporary personnel to take civil service
examinations in order to be eligible for
Facts: appointment
Private respondents were employees of the
Philippine Air Force College of Aeronautics Mar 24, 1992, Cerillo was relieved as Board
(PAFCA) which was created by virtue of PD Secretary in accordance with Board Resolution
1078. Under the said decree, the Board of No. 92-017 by reason of loss of confidence.
Trustees is vested with authority, among others, Subsequently, however, she was designated as
to appoint, as it did appoint, officials and "Coordinator for Extension Services".
employees of the college, except the members of
the Board of Trustees themselves and the Then, RA 7605 was enacted into law which
President of the college. converted PAFCA into a state college to be
known as the Philippine State College of
Aeronautics (PSCA). The Board of Trustees
In line with this authority, the PAFCA Board of likewise was the governing body of the PSCA.
Trustees issued Resolution No. 91-026, which The power to make appointments was retained
declared that "All faculty/administrative by the Board. Petitioner Col. Loleng, remained
as Officer-in-Charge by virtue of a designation reinstatement filed before respondent Judge.
made anew by then DECS Secretary Isidro The fact is that private respondent's
Cariño on June 8, 1992. assignment as "Coordinator for Extension
Services" was a mere designation. Not being
Only on December 7, 1992 did Col. Loleng a permanent appointment, the designation to
inform private respondents that they shall be the position cannot be the subject of a case
deemed separated from the service upon the for reinstatement.
expiration of their temporary appointments. Had  Furthermore, even granting that Cerillo
Cerillo not been summarily dismissed as Board could be validly reinstated as "Coordinator
Secretary, her temporary appointment as such for Extension Services", her reinstatement
was supposed to have lasted until Dec 31, 1992. thereto would not be possible because the
position is not provided for in the PSCA
Barely five months after the lapse of the terms of plantilla. The PSCA could not have made
their temporary appointments as determined by any valid appointment for this inexistent
the PSCA administration, the private position. This could very well be the reason
respondents filed with the RTC, a petition for why she was merely designated as
Mandamus and Reinstatement, with Back Coordinator. As a mere designee, she could
Wages and Damages". The complaint prayed not have acquired any right to the position
that then DECS Secretary Fabella complete the even if the position existed.
filling up of positions for Board of Trustees and  A mere "designation" does not confer upon
order the Board of Trustees to reinstate the the designee security of tenure in the
respondents in the case at bench to their position or office which he occupies in an
respective positions. acting capacity only.
 Should the object of Cerillo be her
Petitioners opposed the petition upon the ground reinstatement to the position of Board
that mandamus will not lie to compel Secretary II, the reinstatement prayed for
reinstatement because the reappointment prayed appears to be impermissible. In the first
for is discretionary on the part of the appointing place, Cerillo had already been dismissed
power. Besides, it was the claim of Secretary from this position for loss of confidence.
Fabella that a writ of mandamus should be She did not contest this dismissal possibly
unavailing to private respondents because of because the position of Board Secretary II is
their failure to exhaust administrative remedies. primarily confidential and the Board of
RTC ruled in favor of Cerillo. Trustees, when finding her, the incumbent to
the position, to be wanting in faithfulness
Issue: and integrity dismissed her for that reason
WON Cerillo is entitled to reinstatement the alone. She accepted the dismissal without
position of "Coordinator for Extension any ripple and when designated as
Services"– NO Coordinator for Extension Services, she
indicated acceptance by performing the acts
Ratio: called for by the designation.
 The RTC decision is patently improper  The quarrel between the private respondents,
because it finds no support as to facts and on the one hand, and the PSCA
the law. Cerillo, although temporarily administration, on the other, came about in
extended an appointment as Board Secretary this manner: The Civil Service Commission,
II, was dismissed therefrom because of loss mandating a policy, wrote petitioner Col.
of confidence. This dismissal was neither Loleng a letter mandating that temporary
contested nor appealed from by her. There is appointments of officers/employees of the
no question, therefore, that her dismissal as PSCA were to last only up to December 31,
Board Secretary II could not have been the 1992.
subject of the petition for mandamus and
 The CSC letter was implemented by Col. service law, as stated under Section 2 of RA
Loleng. Objecting thereto, private 2260, as amended, which is "to ensure and
respondents pointed out to the PSCA promote the constitutional mandate
administration that, in Resolution No. 91- regarding appointments only according to
026, the Board of Trustees declared that all merit and fitness and to provide within the
faculty/administrative employees of the public service a progressive system of
college, while required to acquire civil personal administration to ensure the
service eligibilities under pertinent civil maintenance of an honest and efficient
service law, rules and regulations, must progressive and courteous civil service in
exert effort to acquire civil service the Philippines.
eligibilities within a period of 3 years from  For that matter, CSC is vested with the
their temporary appointments. This, they function, among others, to promulgate
believe should be taken to mean that, should policies, standards and guidelines for the
they acquire civil service eligibilities within civil service and adopt plans and programs
that period of 3 years, they can’t be to promote economical, efficient and
terminated from the service. effective personnel administration in the
 The fact that Cerillo passed the requisite government.
Civil Service Examination after the  We hold that reappointment to the position
termination of her temporary appointment is of Board Secretary II is an act which is
no reason to compel petitioners to reappoint discretionary on the part of the appointing
her. Acquisition of civil service eligibility is power. Consequently, it cannot be the
not the sole factor for reappointment. Still to subject of an application for a writ of
be considered by the appointing authority mandamus.
are: performance, degree of education, work  Reinstatement is technically issuance of a
experience, training, seniority, and, more new appointment which is essentially
importantly, as in this case, whether or not discretionary, to be performed by the officer
the applicant enjoys the confidence and trust in which it is vested according to his best
of the appointing power. lights, the only condition being that the
 The position of Board Secretary II, by its appointee should possess the qualifications
nature, is primarily confidential, requiring as required by law. Such exercise of the
it does "not only confidence in the aptitude discretionary power of appointment cannot
of the appointee for the duties of the office be controlled, not even by the Court as long
but primarily close intimacy which ensures as it is exercised properly by the appointing
freedom from misgivings of betrayals of authority.
personal trust or confidential matters of  The order of reinstatement amounts to an
state." In other words, the choice of an undue interference by the Court in the
appointee from among those who possessed exercise of the discretionary power of
the required qualifications is a political and appointment vested in the PSCA Board
administrative decision calling for
considerations of wisdom, convenience, Issue:
utility and the interests of the service which WON the termination of the services of private
can best be made by the Head of the office respondents was proper and legal – YES
concerned.
 It cannot be overemphasized that the PSCA Ratio:
Board Resolution No. 91-026 must yield to
 It is the consequence of the Board of
the CSC policies on the issuance of
temporary appointments. When the CSC Trustees' power to appoint. The view of
directed that temporary appointments were respondent Judge, however, is that there was
to be effective only up to 1992, it did so in no termination ordered. Either the
pursuance of the general purpose of the civil employees' contracts lapsed or their
temporary appointments were abrogated by
 circulars from the CSC. This, as a necessary o SEC. 2. All elective and appointive
consequence of the transition from the officials and employees under the
Philippine Air Force College of Aeronautics 1973 Constitution shall continue in
(PAFCA) to the Philippine State College of office until otherwise provided by
Aeronautics (PSCA). proclamation or executive order or
 We agree with respondent Judge's upon the designation or appointment
disquisition that there was no termination to and qualification of their successors,
speak of. Termination presupposes an overt if such is made within a period of
act committed by a superior officer. There one year from February 25, 1986.
was none whatsoever in the case at bar. At o SEC. 3. Any public officer or
most, Col. Loleng gave notice to the employee separated from the service
petitioners of the expiration of their as a result of the reorganization
respective contracts. Petitioners appointment effected under this Proclamation
or employment simply expired either by its shall, if entitled under the laws then
very own terms, or because it may not in force, receive the retirement and
exceed one year, but most importantly other benefits accruing thereunder
because the PAFCA was dissolved and
replaced by the PSCA. The notice given by
Col. Loleng to the petitioners seem to have Issue:
been misunderstood by them as an act of WON a constitutional official whose "courtesy
dismissal which as they correctly state, resignation" was accepted by the President of
belongs to the Board of Trustees alone. the Philippines during the effectivity of the
Freedom Constitution may be entitled to
RESIGNATION retirement benefits under Republic Act No.
1568, as amended—YES
Ortiz v. Comelec, May 4, 1989, Regalado, J.
Facts: Ratio:

Petitioner (Mario Ortiz) was appointed Resignation is defined as the act of giving up or
Commissioner of COMELEC by then President the act of an officer by which he declines his
Ferdinand E. Marcos “for a term expiring May office and renounces the further right to use it.
17, 1992.” He took his oath of office on July 30,
1985. Requisites a complete and operative act of
resignation:
Petitioner sent President Corazon C. Aquino a o The officer or employee must show a
letter which reads as follows: “Following the clear intention to relinquish or surrender
example of Honorable Justices of the Supreme his position accompanied by the act of
Court, on the premise that we have now a relinquishment.
revolutionary government, we hereby place our o Resignation implies an expression of the
position at your disposal.” incumbent in some form, express or
implied, of the intention to surrender,
The Freedom Constitution was promulgated renounce and relinquish the office, and
through Proclamation No. 3, Artide III thereof its acceptance by competent and lawful
provides: authority.
o SEC. 1. In the reorganization of the
government, priority shall be given From the foregoing it is evident that petitioner's
to measures to promote economy, "resignation" lacks the element of clear intention
efficiency, and the eradication of to surrender his position.
graft and corruption.
We cannot presume such intention from his “x x x While along with many other
statement in his letter of March 5, 1986 that he legal minds of our country, I have
was placing his position at the disposal of the strong and serious doubts about the
President. He did not categorically state therein legality and constitutionality of her
that he was unconditionally giving up his proclamation as President, I do not
position. It should be remembered that said letter wish to be a factor that will prevent
was actually a response to Proclamation No. 1
the restoration of unity and order in
which President Aquino issued on February
our civil society. It is for this reason
25,1986 when she called on all appointive public
officials to tender their "courtesy resignation" as that I now leave Malacañang Palace,
a "first step to restore confidence in public the seat of the presidency of this
administration. country, for the sake of peace and in
order to begin the healing process of
our nation. I leave the Palace of our
Estrada v. Arroyo, March 2, 2001, Puno, J. people with gratitude for the
Facts: opportunities given to me for
service to our people. I will not
January 20 2001: The day of surrender. At 12:20 shirk from any future challenges
a.m., the first round of negotiations for the that may come ahead in the same
peaceful and orderly transfer of power started at service of our country.”
Malacañang'' Mabini Hall, Office of the
Executive Secretary. Secretary Edgardo Angara, On the same day: He signed the following letter:
Senior Deputy Executive Secretary Ramon “Sir: By virtue of the provisions of Section 11,
Bagatsing, Political Adviser Angelito Banayo, Article VII of the Constitution, I am hereby
Asst. Secretary Boying Remulla, and Atty. transmitting this declaration that I am unable to
Macel Fernandez, head of the Presidential exercise the powers and duties of my office. By
Management Staff, negotiated for the petitioner. operation of law and the Constitution, the Vice-
Respondent Arroyo was represented by now President shall be the Acting President.”
Executive Secretary Renato de Villa, now o 8:30 a.m. on January 20: A copy
Secretary of Finance Alberto Romulo and now of the letter was sent to Speaker
Secretary of Justice Hernando Perez.27 Outside Fuentebella.
the palace, there was a brief encounter at o Same day but 9:00 PM: The
Mendiola between pro and anti-Estrada same letter was sent to Senator
protesters which resulted in stone-throwing and Pimentel
caused minor injuries. The negotiations January 22: The Monday after taking her oath,
consumed all morning until the news broke out respondent Arroyo immediately discharged the
that Chief Justice Davide would administer the powers the duties of the Presidency. On the
oath to respondent Arroyo at high noon at the same day, this Court issued the following
EDSA Shrine. Resolution in Administrative Matter No. 01-1-
05-SC: Acting on the urgent request of Vice
o At about 12:00 noon, Chief President Gloria Macapagal-Arroyo to be sworn
Justice Davide administered the in as President of the Republic of the
oath to respondent Arroyo as
Philippines, addressed to the Chief Justice and
President of the Philippines.
confirmed by a letter to the Court, dated January
o At 2:30 p.m., petitioner and his
family hurriedly left 20, 2001, which request was treated as an
Malacañang Palace. He issued administrative matter, the court Resolve
the following press statement: unanimously to confirm the authority given by
the twelve (12) members of the Court then
present to the Chief Justice on January 20, 2001 o 3:00 p.m.: General Reyes joined
to administer the oath of office of Vice President the sea of EDSA demonstrators
Gloria Macapagal-Arroyo as President of the demanding the resignation of
Philippines, at noon of January 20, 2001. x x x the petitioner and dramatically
without prejudice to the disposition of any announced the AFP's
justiciable case that may be filed by a proper withdrawal of support from the
petitioner and their pledge of
party.”
support to respondent Arroyo.
Respondent Arroyo appointed members of her The seismic shift of support left
Cabinet as well as ambassadors and special petitioner weak as a president.
envoys. Recognition of respondent Arroyo's According to Secretary Angara,
government by foreign governments swiftly he asked Senator Pimentel to
advise petitioner to consider the
followed.
option of "dignified exit or
Issue: resignation." Petitioner did not
disagree but listened intently.
WON Estrada is a President on leave - NO The sky was falling fast on the
petitioner.
Ratio: o 9:30 p.m.: Senator Pimentel
As events approached January 20, we can have repeated to the petitioner the
an authoritative window on the state of mind of urgency of making a graceful
and dignified exit. He gave the
the petitioner. The window is provided in the
proposal a sweetener by saying
"Final Days of Joseph Ejercito Estrada," the that petitioner would be allowed
diary of Executive Secretary Angara serialized to go abroad with enough funds
in the Philippine Daily Inquirer. to support him and his family.
Significantly, the petitioner
The Angara Diary reveals that in the morning of
expressed no objection to the
January 19, petitioner's loyal advisers were
suggestion for a graceful and
worried about the swelling of the crowd at
dignified exit but said he would
EDSA, hence, they decided to create an ad hoc
never leave the country.
committee to handle it. Their worry would
o 10:00 p.m.: Petitioner revealed
worsen.
to Secretary Angara, "Ed, Angie
o 1:20 p.m.: Petitioner pulled
(Reyes) guaranteed that I would
Secretary Angara into his small
have five days to a week in the
office at the presidential
palace." This is proof that
residence and exclaimed: "Ed,
petitioner had reconciled
seryoso na ito. Kumalas na si
himself to the reality that he had
Angelo (Reyes) (Ed, this is
to resign. His mind was already
serious. Angelo has defected.)"
concerned with the five-day
o 2:30 p.m.: Petitioner decided to
grace period he could stay in the
call for a snap presidential
palace. It was a matter of time.
election and stressed he would
o The pressure continued piling
not be a candidate. The proposal
up.
for a snap election for president
o 1:00 p.m.: Former President
in May where he would not be a
Ramos called up Secretary
candidate is an indicium that
Angara and requested, "Ed,
petitioner had intended to give
magtulungan tayo para
up the presidency even at that
magkaroon tayo ng (let's
time.
cooperate to ensure a) peaceful
and orderly transfer of power."
 There was no defiance to the LOA starting 16 November 1999 until 31 July
request. Secretary Angara 2000 (first letter). Respondent also signified his
readily agreed. Again, we note intention to retire from the service on 1 August
that at this stage, the problem 2000.
was already about a peaceful
and orderly transfer of power. On 4 November 1999, respondent filed his
The resignation of the petitioner application for LOA and early retirement.
was implied. Director Hipolito denied the request.

The resignation of the petitioner cannot be 4 days later, respondent again filed an
doubted. It was confirmed by his leaving application for LOA and resignation. Director
Malacañang. In the press release containing Hipolito endorsed the application to Assistant
his final statement, (1) he acknowledged the Secretary Maglaya.
oath-taking of the respondent as President of
the Republic albeit with reservation about its Without waiting for Maglaya’s comment,
legality; (2) he emphasized he was leaving respondent again filed an application for LOA
the Palace, the seat of the presidency, for the but for a shorter period from 16 November 1999
sake of peace and in order to begin the until 14 January 2000 (2nd letter). He also
healing process of our nation. He did not say signified his intention to resign effective at the
he was leaving the Palace due to any kind close of office hours on 14 January 2000.
inability and that he was going to re-assume According to Hipolito, he immediately approved
the presidency as soon as the disability respondents two-fold application and also
disappears: (3) he expressed his gratitude to notified CSC Regional Director Jose T. Soria
the people for the opportunity to serve them.
(Atty. Soria) (CSC-RO2) of his acceptance of
Without doubt, he was referring to the past
respondents resignation.
opportunity given him to serve the people as
President (4) he assured that he will not 14 January 2000: the DTI-RO2 received
shirk from any future challenge that may Memorandum Order No. 20 issued by
come ahead in the same service of our
Undersecretary Ordoez detailing respondent to
country. Petitioner's reference is to a future
the Office of the Undersecretary for Regional
challenge after occupying the office of the
president which he has given up; and (5) he Operations effective 17 January 2000.
called on his supporters to join him in the 17 January 2000, the DTI-RO2 received
promotion of a constructive national spirit of respondents 2nd letter informing Director
reconciliation and solidarity. Certainly, the
Hipolito that he was reconsidering his earlier
national spirit of reconciliation and
letter of resignation and that he decided to wait
solidarity could not be attained if he did not
give up the presidency. The press release until he could qualify for early retirement.
was petitioner's valedictory, his final act of Issue:
farewell. His presidency is now in the past
tense. WON Singun’s resignation was effective on
January 14- - NO
Ratio:
Republic v. Singun, March 14, 2008, Carpio,
J Resignation implies an expression of the
incumbent in some form, express or implied, of
Facts: the intention to surrender, renounce, and
Respondent Singun wrote Director Hipolito relinquish the office and the acceptance by
signifying his intention to apply for an 8 month competent and lawful authority. To constitute a
complete and operative resignation from public
office, there must be: (a) an intention to Prior to such designation, petitioner was
relinquish a part of the term; (b) an act of designated as Property Inspector and In-Charge
relinquishment; and (c) an acceptance by the of the Supply Office performing the duties and
proper authority. responsibilities of the Supply Officer I
In our jurisdiction, acceptance is necessary for Two years thereafter, the Division
resignation of a public officer to be operative Superintendent of City Schools of San Pablo
and effective. Without acceptance, resignation is City, Milagros Tagle, issued a promotional
nothing and the officer remains in office. appointment to private respondent Leonarda D.
Resignation to be effective must be accepted by de la Paz as Supply Officer I in the DECS
competent authority, either in terms or by Division of San Pablo City. compensation and
something tantamount to an acceptance, such as benefits therefor.
the appointment of the successor. A public
At the time of her appointment, private
officer cannot abandon his office before his
respondent was then holding the position of
resignation is accepted, otherwise the officer is
Clerk II, Division of City Schools of San Pablo
subject to the penal provisions of Article 238 of
City. From August 25, 1976 to September 1983,
the Revised Penal Code. The final or conclusive
she was designated as Assistant to the Supply
act of a resignations acceptance is the notice of
Officer. The Civil Service Regional Office IV
acceptance. The incumbent official would not be
approved her appointment as permanent
in a position to determine the acceptance of his
"provided that there is no pending administrative
resignation unless he had been duly notified
case against the appointee, no pending protest
therefor.
against the appointment, nor any decision by
There was nothing in the records to show that competent authority that will adversely affect
respondent was duly informed of the acceptance the approval of (the) appointment"
of his resignation. There was no indication that
One month after, petitioner filed a protest with
he received a copy of his 12 November 1999
the DECS Secretary questioning the
application for LOA and resignation as accepted
qualification and competence of private
by Hipolito. Neither was there any indication
respondent for the position of Supply Officer I.
that he received Hipolito’s Memo informing him
of the acceptance of his resignation. His DECS Sec: Revoked appointment of Resp. Dela
resignation was incomplete and inoperative Paz. MR Denied
because he wasn’t notified of the acceptance
Aquino was thus issued a permanent
appointment as Supply Officer I by the DECS
Regional Director Pedro San Vicente effective
REMOVAL
October 26, 1987. On the date of effectivity of
Aquino v. CSC and Dela Paz; April 22, 1992; his appointment, petitioner assumed the duties
Medialdea, J. and functions of the position. The said
appointment was approved by the Civil Service
Facts: Regional Office IV
Petitioner Victor A. Aquino, then holding the
Private respondent appealed to public
position of Clerk II, Division of City Schools of
respondent Civil Service Commission (CSC).
San Pablo City, was designated as Officer-in-
Charge of the Division Supply Office by the CSC: Revoked the appointment of petitioner
DECS Regional Director Saturnino R. Magturo Aquino and restoring private respondent de la
in view of the retirement of the Supply Officer I, Paz to her position as Supply Officer I, DECS,
Mr. Jose I. Aviquivil.
Division of San Pablo City under her previously Officer I and received the
approved appointment compensation and benefits of the
said position in accordance with the
Issue: mandate of Section 9 par.(h) of the
Civil Service Law.
WON public respondent Civil Service
o In consonance with the doctrine laid
Commission committed grave abuse of down in Villanueva v. Balallo, that
discretion in revoking the appointment of an appointment is complete when
petitioner Victor A. Aquino as Supply Officer I the last act required of the
in the DECS Division of San Pablo City as it appointing power has been
found private respondent Leonarda de la Paz performed, but later qualified in
better qualified. - NO Favis v. Rupisan, that the acts of the
head of a department or office
Ratio: making the appointment and the
Commissioner of Civil Service
 We have consistently applied the doctrine in
acting together, though not
Luego v. CSC in many cases with similar
concurrently, but consecutively, are
factual circumstances, but we see no
necessary to make an appointment
compelling reason to apply the same in the
complete, the permanent
instant case. In the cases cited above, We
appointment extended to private
ruled that the CSC has no authority to
respondent, under the circumstances
revoke an appointment simply because it
of the case, is deemed complete. As
(CSC) believed that another person is better
such, she is entitled to the protection
qualified than the appointee for it would
of the law against unjust removal.
constitute an encroachment on the discretion
solely vested on the appointing authority.
 The conclusion of respondent Commission
 The situation is different as in the instant
in the questioned decision that private
case, where the CSC revoked the
respondent is more qualified than petitioner
appointment of the successful protestant,
merely supports the validity of the
petitioner herein, principally because the
restoration of private respondent to her
right to security of tenure of the prior
previously approved appointment
appointee, private respondent herein, to the
considering that she meets the prescribed
contested position had already attached
qualification standards required of the
 It must be noted that public respondent CSC
position of Supply Officer I and the
did not direct the appointment of a substitute
appropriate civil service eligibility, to wit:
of its choice. It merely restored the
o EDUCATION: Bachelor's degree
appointment of private respondent who was
with training in Supply Management
first appointed to the contested position.
o EXPERIENCE: None required
o ELIGIBILITY: Supply Officer;
 The records show that private respondent Career Service (Professional)
was issued a permanent appointment on  It is well-settled that once an appointment is
September 19, 1986 as Supply Officer I in issued and the moment the appointee
the DECS Division of San Pablo City assumes a position in the civil service under
effective September 30, 1986. a completed appointment, he acquires a
o On the basis of the of said legal, not merely equitable right (to the
appointment which was approved by position), which is protected not only by
the Civil Service Regional Office statute, but also by the Constitution, and
No. IV, private respondent assumed cannot be taken away from him either by
and performed the duties and revocation of the appointment, or by
functions of the position as Supply removal, except for cause, and with previous
notice and hearing
 There is thus reasonable ground for the rule  Even on the assumption that the revocation
that the moment the discretionary power of of private respondent's appointment was
appointment has been exercised and the validly exercised by DECS Secretary
appointee assumed the duties and functions Quisumbing, still the appointment extended
of the position, the said appointment cannot to petitioner was tainted with irregularity as
be revoked by the appointing authority on it was issued before the finality of the
the ground merely that the protestant is more decision on the protest in violation of CSC
qualified than the first appointee, subject Resolution No. 83-343 which prohibits the
however to the condition that the first issuance of an appointment to protestant
appointee should possess the minimum (petitioner) if the protest case is not yet
qualifications required by law. finally resolved, since there is no vacancy in
 Otherwise, the security of tenure guaranteed the position pending resolution of the protest
by Article IX-B, Section 2 par. (3) of the case.
1987 Constitution would be rendered  There can be no appointment to a non-
meaningless if the appointing authority is vacant position.
allowed to flip-flop in exercising its  The incumbent must first be legally
discretionary power of appointment. removed or his appointment validly
 We have defined the concept of "for cause" terminated. An appointment to an office
in connection with removal of public which is not vacant is null and void ab initio.
officers in the case of De los Santos v.
Mallare, as follows: "It means for reasons
which the law and sound public policy Fabella v. CA, November 27 1997,
recognized as sufficient warrant for removal, Panganiban, J.
that is legal cause, and not merely causes
Facts:
which the appointing power in the exercise
of discretion may deem sufficient. Secretary Cariño filed administrative cases
 It is implied that officers may not be against herein petitioner-appellees, who are
removed at the mere will of those vested teachers of the Mandaluyong High School. At
with the power of removal, or without any the same time, Secretary Cariño ordered
cause. Moreover, the cause must relate to
petitioner-appellee to be placed under preventive
and affect the administration of the office,
suspension.
and must be restricted to something of a
substantial nature directly affecting the Administrative hearings started. Petitioner-
rights and interests of the public." appellees' counsel objected to the procedure
 The ground relied upon by petitioner in his adopted by the committee and demanded that he
protest that he is more qualified than private be furnished a copy of the guidelines adopted by
respondent in terms of education, experience
the committee for the investigation and
and training does not fall within the meaning
of "for cause" contemplated by Article IX- imposition of penalties. As he received no
B, Section 2 par. (3) of the 1987 response from the committee, counsel walked
Constitution which would warrant the out. Later, however, counsel, was able to obtain
revocation, if not removal, of the a copy of the guidelines.
appointment of private respondent. Neither
The teachers filed a an injunctive suit with the
does it fall under the grounds of appeal
contemplated under Section 19 par. (6) of Regional Trial Court in Quezon City, charging
the Civil Service Law (P.D. 807). Therefore, the committee appointed by Secretary Cariño
the protest of petitioner did not adversely with fraud and deceit and praying that it be
affect the approval of the appointment of stopped from further investigating them and
private respondent from rendering any decision in the
administrative case. However, the trial court
denied them a restraining order. representative of the local or, in
its absence, any existing
They then amended their complaint and made it provincial or national teacher’s
one for certiorari and mandamus. They alleged organization and a supervisor of
that the investigating committee was acting with the Division, the last two to be
grave abuse of discretion because its guidelines designated by the Director of
for investigation place the burden of proof on Public Schools. The committee
them by requiring them to prove their innocence shall submit its findings, and
instead of requiring Secretary Cariño and his recommendations to the
staff to adduce evidence to prove the charges Director of Public Schools
against the teachers. within thirty days from the
termination of the hearings:
The trial court rendered a decision declaring that Provided, however, That where
the dismissal of the teachers is not justified, it the school superintendent is the
being arbitrary and violative of the teacher's complainant or an interested
right to due process. Due process must be party, all the members of the
observed in dismissing the teachers because it committee shall be appointed by
the Secretary of Education.”
affects not only their position but also their
means of livelihood.
The foregoing provisions implement the
Issue: Declaration of Policy of the statute; that is, to
promote the “terms of employment and career
WON teachers were denied due process of law - prospects” of schoolteachers.
YES
Ratio: In the present case, the various committees
The legislature enacted a special law, RA 4670 formed by DECS to hear the administrative
known as the Magna Carta for Public School charges against private respondents did not
Teachers, which specifically covers include “a representative of the local or, in its
administrative proceedings involving public absence, any existing provincial or national
school teachers. Section 9 of said law expressly teacher’s organization” as required by Section 9
provides that the committee to hear public of RA 4670.
schoolteachers’ administrative cases should be
composed of the school superintendent of the Accordingly, these committees were deemed to
division as chairman, a representative of the have no competent jurisdiction. Thus, all
local or any existing provincial or national proceedings undertaken by them were
teachers’ organization and a supervisor of the necessarily void. They could not provide any
division. basis for the suspension or dismissal of private
respondents. The inclusion of a representative
 Sec. 9. Administrative Charges.
of a teachers’ organization in these committees
– Administrative charges
against a teacher shall be heard was indispensable to ensure an impartial
initially by a committee tribunal. It was this requirement that would
composed of the corresponding have given substance and meaning to the right to
School Superintendent of the be heard. Indeed, in any proceeding, the essence
Division or a duly authorized of procedural due process is embodied in the
representative who would at basic requirement of notice and a real
least have the rank of a division opportunity to be heard. Petitioners’ say: DECS
supervisor, where the teacher complied with Section 9 of RA 4670, because
belongs, as chairman, a
“all the teachers who were members of the Three Petitions for DQ were filed against him on
various committees are members of either the the ground that he had been removed from office
Quezon City Secondary Teachers Federation or
As petitioner won by a landslide margin in the
the Quezon City Elementary Teachers
elections, the resolution paved the way for his
Federation” and are deemed to be the
eventual proclamation as Governor of Cagayan.
representatives of a teachers’ organization as
required by Section 9 of RA 4670. Issue:
WON the condonation doctrine is still in effect -
YES
Ratio:
Aguinaldo v. Santos, August 21, 1992, Nocon,
J.  Considering the facts narrated, the
expiration of petitioner's term of office
Facts:
during which the acts charged were
Petitioner was the duly elected Governor of the allegedly committed, and his subsequent
province of Cagayan, having been elected to reelection, the petition must be dismissed for
said position during the local elections held on the reason that the issue has become
January 17, 1988 academic.
 The rule is that a public official can not be
After the December 1989 coup d'etat was removed for administrative misconduct
crushed, respondent Secretary of Local committed during a prior term, since his re-
Government (SILG) Santos sent a telegram and election to office operates as a condonation
a letter, both dated December 4, 1989, to of the officer's previous misconduct to the
petitioner requiring him to show cause why he extent of cutting off the right to remove him
therefor. The foregoing rule, however, finds
should not be suspended or removed from office
no application to criminal cases pending
Mayors of the municipalities of Gattaran, Tuao against petitioner for acts he may have
and Lasam, all in Cagayan, filed complaints for committed during the failed coup.
against petitioner for disloyalty to the Republic
and culpable violation of the Constitution, for Carpio-Morales v. CA and Binay, November
acts the latter committed during the coup 15, 2015, Perlas-Bernabe, J.
Petitioner denied being privy to the planning of Facts:
the coup or actively participating in its
execution, though he admitted that he was Atty. Renato L. Bondal and Nicolas “Ching”
sympathetic to the cause of the rebel soldiers Enciso VI filed a complaint against Junjun and
other Makati City employees for Plunder and
Secretary suspended petitioner from office for Graft and Corruption in connection with the five
sixty (60) days Secretary rendered the (5) phases of the procurement and construction
questioned decision finding petitioner guilty as of the Makati City Hall Parking Building
charged and ordering his removal from office. (Makati Parking Building).
Aguinaldo filed this petition for certiorari and
prohibition
Ombudsman eventually charged them with six
While this case was pending before this Court, (6) administrative cases for Grave Misconduct,
petitioner filed his certificate of candidacy for Serious Dishonesty, and Conduct Prejudicial to
the position of Governor of Cagayan for the the Best Interest of the Service, and six (6)
1992 Elections
criminal cases 18 for violation of Section 3(e) of o Section 1. Public office is a public
RA 3019, Malversation of Public Funds, and trust. Public officers and employees
Falsification of Public Documents. must at all times be accountable to
the people, serve them with utmost
Junjun filed a petition for certiorari before the responsibility, integrity, loyalty, and
CA seeking to nullify the preventive suspension efficiency and act with patriotism
order. He contends that could not be held and justice, and lead modest lives.
administratively liable for any anomalous o This is reiterated in the Revised
activity attending any of the five (5) phases of Admin Code and in the Code of
the Makati Parking Building project since: Conduct and Ethical Standards for
Public Officials and Employees.
(a) Phases I and II were undertaken In contrast, Section 66(b) of the LGC states that
before he was elected Mayor of the penalty of suspension shall not exceed the
Makati in 2010; and unexpired term of the elective local official nor
(b) Phases III to V transpired during constitute a bar to his candidacy for as long as
his first term and that his reelection he meets the qualifications
as City Mayor of Makati for a
second term effectively condoned o Nothing therein states that the
his administrative liability therefor, administrative liability therefor is
if any, thus rendering the extinguished by the fact of
administrative cases against him reelection
moot and academic.

Therefore, the condonation doctrine is

Issue: abandoned. Nut it will not apply to Binay
because abandonment is prospective in nature.
WON the condonation doctrine is applicable -
NO
Ratio: Gloria v. Court of Appeals, April 21, 1999,
Mendoza, J.
With the advent of the 1973 Constitution, the
approach in dealing with public officers Facts:
underwent a significant change. The new charter
introduced an entire article on accountability of Private respondents (public school teachers)
public officers, found in Article XIII. Section 1 did not report for work during the teachers’
strikes. They were administratively charged
thereof positively recognized, acknowledged,
with grave misconduct, gross neglect of
and declared that public office is a public trust.
duty, etc. The investigation was concluded
Enter the 1987 Constitution, which sets forth in before the lapse of their 90-day suspension.
the Declaration of Principles and State Policies They were found guilty as charged. Nicanor
in Article II that “the State shall maintain Margallo (Respondent) was ordered
dismissed, while 3 others were suspended
honesty and integrity in the public service and
for 6 months.
take positive and effective measures against
graft and corruption.”
Issue:
The 1987 Constitution strengthened and
solidified what has been first proclaimed in the WON compensation was due for the period of
1973 Constitution by commanding public the preventive suspension pending investigation
officers to be accountable to the people at all – NO
times:
WON compensation was due for the period of Facts:
preventive suspension pending appeal – YES.
Petitioners are public school teachers from
Ratio: various schools in the National Capital Region
who incurred unauthorized absences in
Preventive suspension pending investigation is
connection with or in furtherance of their then
not a penalty. It is a measure intended to enable
on-going "mass action" held sometime in
the disciplining authority to investigate charges
against respondent by preventing the latter from September 1990.
intimidating or in any way influencing witnesses Confronted with the strike which threatened to
against him. If the investigation is not finished disrupt classes in public schools, former
and a decision is not rendered within that period,
Secretary Isidro Cariño of DECS issueda
the suspension will be lifted and the respondent
Memorandum ordering them (subject public
will automatically be reinstated. If after
investigation respondent is found innocent of the school teachers) to return to work under pain of
charges and is exonerated, he should be dismissal.
reinstated. o This (the memo) was ignored,
prompting the DECS Secretary to
Preventive suspension pending investigation is lodge administrative complaints
not a penalty but only a means of enabling the against them.
disciplining authority to conduct an unhampered Petitioners were given five (5) days from receipt
investigation. of the formal charge to answer the same.
They were also given an option to elect a formal
On the other hand, preventive suspension
pending appeal is actually punitive although it is investigation and were informed of their right to
in effect subsequently considered illegal if avail of the assistance of a lawyer of their
respondent is exonerated and the administrative choice, but despite the time, aforesaid option and
decision finding him guilty is reversed. Hence, right afforded them, they failed to answer the
he should be reinstated with full pay for the charges.
period of suspension.
Issue:
Sec.47(4) states that respondent “shall be WON backwages should be deleted – YES
considered as under preventive suspension
during the pendency of the appeal in the event Ratio:
he wins.” On the other hand, if his conviction is
affirmed, i.e., if he is not exonerated, the period Evidently, the ruling of the Court of Appeals
of his suspension becomes part of the final that the public school teachers involved are
penalty of suspension or dismissal. "entitled to back salaries for the period they
were not allowed to teach, except for the six (6)
It is precisely because respondent is penalized months period during which they were
before his sentence is confirmed that he should suspended for cause", does not accord with
be paid his salaries in the event he is exonerated. prevailing jurisprudence. Stare decisis et non
It would be unjust to deprive him of his pay as a quieta movere. Stand by the decisions and
result of the immediate execution of the decision disturb not what is settled.
against him and continue to do so even after it is
shown that he is innocent of the charges for It is a salutary and necessary judicial practice
which he was suspended. that when a court has laid down a principle of
law applicable to a certain state of facts, it must
Secretary of Education v. Court of Appeals, adhere to such principle and apply it to all future
October 4, 2000,Purisima, J.
cases in which the facts sued upon are WON Ombudsman has jurisdiction – YES
substantially the same.
Ratio:
It is beyond cavil that the public school teachers
There is nothing in the Local Government Code
before the Court participated in the September
to indicate that it has repealed, whether
1990 mass actions and refused to obey the return
expressly or impliedly, the pertinent provisions
to work order of the DECS Secretary.
of the Ombudsman Act.
It is equally undisputed that they were not
The two statutes on the specific matter in
completely exculpated of the charges against
question are not so inconsistent, let alone
them, as they were adjudged guilty of
irreconcilable, as to compel us to only uphold
committing acts prejudicial to the best interest of
one and strike down the other.
the service. Consequently, with the ground for
their suspension duly stated, the denial of their o Well settled is the rule that
prayer for exoneration and payment of back repeals of laws by
wages is in order. implication are not favored,
and that courts must
generally assume their
Hagad v. Gozo-Dadole, December 12, 1995, congruent application. The
two laws must be absolutely
Vitug, J.
incompatible, and a clear
Facts: finding thereof must
surface, before the inference
Criminal and administrative complaints against of implied repeal may be
respondents (Mandaue Mayor Alfredo Ouano, drawn.
Mandaue Vice-Mayor Paterno Cañete and o The rule is expressed in the
Mandaue City Councilors Rafael Mayol) were maxim, interpretare et
filed by complainants (Mandaue City concordare leqibus est
Councilors Magno Dionson and Gaudiosa optimus interpretendi, i.e.,
Bercede) with the petitioner Office of the every statute must be so
interpreted and brought into
Deputy Ombudsman for the Visayas.
accord with other laws as to
Respondents were charged with having violated form a uniform system of
RA 3019 (Anti-Graft and Corrupt Practices Act), jurisprudence. The
RPC 170 (falsification of legislative documents), fundament is that the
RPC 171 (falsification by public officer), and legislature should be
presumed to have known
RA 6713 (Code of Conduct and Ethical
the existing laws on the
Standards of Public Officials and Employees). subject and not to have
The respondents argue that the Ombudsman is enacted conflicting statutes.
bereft of jurisdiction to try, hear and decide the Hence, all doubts must be
administrative case filed against them since, resolved against any
implied repeal, and all
under Section 63 of the Local Government Code
efforts should be exerted in
of 1991, the power to investigate and impose order to harmonize and give
administrative sanctions against said local effect to all laws on the
officials, as well as to effect their preventive subject.
suspension, had now been vested with the Office o Certainly, Congress would
of the President. not have intended to do
injustice to the very reason
Issue:
 that underlies the creation of WON respondent may be removed from office
the Ombudsman in the 1987 by the SB – NO
Constitution which is to
insulate said office from the Ratio:
long tentacles of
Section 60 of LGC: “Grounds for Disciplinary
officialdom.
Actions. An elective local official may be
disciplined, suspended, or removed from office
Quite interestingly, Sections 61 and 63 of the on any of the following grounds
present Local Government Code run almost
parallel with the provisions then existing under An elective local official may be removed
from office on the grounds enumerated
the old code. The authority to conduct
above by order of the proper court.”
administrative investigation and to impose
preventive suspension over elective provincial or
city officials was at that time entrusted to the The rule which confers to the proper courts the
Minister of Local Government until it became power to remove an elective local official from
concurrent with the Ombudsman upon the office is intended as a check against any
enactment of RA 6770, specifically under capriciousness or partisan activity by the
Sections 21 and 24 thereof, to the extent of the disciplining authority. Vesting the local
common grant. The Local Government Code of legislative body with the power to decide
1991, in fine, did not effect a change from what whether or not a local chief executive may be
already prevailed, the modification being only in removed from office, and only relegating to the
the substitution of the Secretary (the Minister) of courts a mandatory duty to implement the
Local Government by the Office of the decision, would still not free the resolution of
President. the case from the capriciousness or partisanship
of the disciplining authority.
The Sangguniang Barangay of Barangay Don
Mariano Marcos v. Martinez, March 3, 2008, Congress clearly meant that the removal of an
Chico-Nazario, J. elective local official be done only after a trial
before the appropriate court, where court rules
Facts: of procedure and evidence can ensure
Respondent Martinez is the incumbent Punong impartiality and fairness and protect against
Barangay of the said local government unit. political maneuverings. Elevating the removal of
an elective local official from office from an
Martinez was administratively charged with administrative case to a court case may be
Dishonesty and Graft and Corruption by justified by the fact that such removal not only
petitioner through the filing of a verified punishes the official concerned but also, in
complaint before the Sangguniang Bayan as the effect, deprives the electorate of the services of
disciplining authority over the official for whom they voted.
elective barangay officials pursuant to Section
61 of LGC. IMPEACHMENT

The Sangguniang Bayan rendered its Decision FRANCISCO, JR. v. HOUSE OF

which imposed upon Martinez the penalty of REPRESENTATIVES, November 10, 2003,
removal from office. This was conveyed to the EN BANC
Municipal Mayor of Bayombong, Nueva Ecija,
Facts:
Severino Bagasao, for its implementation.
HOR adopted a Resolution, sponsored by Rep.
Issue: Fuentebella, which directed the Committee on
Justice "to conduct an investigation, in aid of Endorsement/Impeachment" signed by at least
legislation, on the manner of disbursements and 1/3 of all the HOR Members
expenditures by the Chief Justice of the
Thus arose the instant petitions against the HOR,
Judiciary Development Fund (JDF)."
et. al., most of which petitions contend that the
2003, Pres Estrada filed an impeachment filing of the 2nd impeachment complaint is
complaint (the 1st one) against CJ Davide and 7 unconstitutional as it violates the provision of
Associate Justices for "culpable violation of the Section 5 of Article XI of the Constitution that
Constitution, betrayal of the public trust and "no impeachment proceedings shall be initiated
other high crimes." The complaint was endorsed against the same official more than once within
by Reps. Suplico, Zamora and Dilangalen, and a period of one year
was referred to the House Committee on Justice
(HCOJ) on in accordance with Section 3(2) of Issue:
Article XI of the Constitution which reads: WON the Rules of Procedure for Impeachment
Proceedings adopted by 12th Congress is
Section 3(2) A verified complaint for
constitutional. – NO
impeachment may be filed by any Member
of the HOR or by any citizen upon a Ratio:
resolution of endorsement by any Member
thereof, which shall be included in the Order The resolution of this issue thus hinges on the
of Business within ten session days, and interpretation of the term "initiate." Resort to
referred to the proper Committee within statutory construction is, therefore, in order.
three session days thereafter. The "Initiate" of course is understood by ordinary
Committee, after hearing, and by a majority men to mean, as dictionaries do, to begin, to
vote of all its Members, shall submit its commence, or set going. As Webster's Third
report to the House within sixty session days New International Dictionary of the English
from such referral, together with the Language concisely puts it, it means "to perform
corresponding resolution. The resolution or facilitate the first action
shall be calendared for consideration by the
House within ten session days from receipt With respect to the intent of the law, the
thereof. deliberations (led by Mr. Maambong) provide
that the framers intended "initiation" to start
The 1st impeachment complaint was "sufficient with the filing of the complaint. In his amicus
in form,” but insufficient in substance. To date, curiae brief, Commissioner Maambong
the Committee Report to this effect has not yet explained that "the obvious reason in deleting
been sent to the House in plenary in accordance the phrase "to initiate impeachment
with the said Section 3(2) of Article XI of the proceedings" as contained in the text of the
Constitution. provision of Section 3 (3) was to settle and make
Since the filing of the first complaint or the day it understood once and for all that the initiation
after HCOJ voted to dismiss it, the 2nd of impeachment proceedings starts with the
impeachment complaint was filed with the filing of the complaint, and the vote of one-third
Secretary General of the House by of the House in a resolution of impeachment
Representatives Teodoro, Jr. and Fuentebella does not initiate the impeachment proceedings
founded on the alleged results of the legislative which was already initiated by the filing of a
inquiry initiated by above-mentioned House verified complaint under Section 3, paragraph
Resolution. This second impeachment complaint (2), Article XI of the Constitution."
was accompanied by a "Resolution of
Having concluded that the initiation takes place for any mode, let alone a single mode, of
by the act of filing and referral or endorsement initiating recall elections. Neither did it prohibit
of the impeachment complaint to the House the adoption of multiple modes of initiating
Committee on Justice or, by the filing by at least recall elections.
one-third of the members of the HOR with the
Secretary General of the House, the meaning of Sec. 3, Art. X mandated the Congress to enact a
local govern code xxx with effective
Section 3 (5) of Article XI becomes clear. Once
mechanisms of recall, initiative, and referendum.
an impeachment complaint has been initiated,
Congress was clearly given the power to choose
another impeachment complaint may not be the effective mechanisms of recall as its
filed against the same official within a one year discernment dictates. The power given was to
period. select which among the means and method of
initiating recall elections are effective to carry
RECALL
out the judgment of the electorate. What it
Garcia v. COMELEC, October 5, 1993, Puno, simply required is that the mechanisms of recall,
J. whether one or many, to be chosen by Congress
should be effective.
Facts:
Congress deemed it wise to enact an alternative
Enrique T. Garcia (Petitioner) was elected mode of initiating recall elections to supplement
governor of Bataan in the May 1992 elections. the former mode of initiation by direct action of
In the early evening of July 1, 1993, some the people. The choice may be erroneous but
mayors, vice-mayors, and members of the even then, the remedy against a bad law is to
Sangguniang Bayan of 12 municipalities (144 seek its amendment or repeal by the legislative.
members, majority is 73) of the province met at
the NAPOCOR Compound. At about 12:30 am
of July 2, they proceeded to the Bagac town Angobung v. COMELEC, March 5, 1997,
plaza where they constituted themselves into a Hermosisima Jr., J
Preparatory Recall Assembly to initiate the
recall election of Garcia. Facts:
Petitioner Angobung won as duly elected mayor
They passed Resolution No. 1 for the recall of
of the municipality of Tumauini, Isabela in the
Garcia on the ground of “loss of confidence,”
1995 local elections (55% of votes cast). Private
concurred in by the majority of the members.
respondent, Alban, was also a candidate in that
146 names appeared in the resolution, but only
election.
80 carried the signatures of the members of the
PRA. Of the 80, only 74 were found genuine.
In early Sept 1996, Alban filed w/the Local
Election Registrar of Tumauini, Isabela, a
Issue:
petition for recall against petitioner. Petitioner
WON the second type of recall is constitutional received copy of petition on Sept 12, 1996.
– YES Petition was then forwarded to Regional Office
in Tuguegarao, Cagayan and then to the main
Ratio: office of COMELEC in Manila, for approval.
Petitioners cannot point to any specific provision Acting on the petition, Deputy Executive
of the Constitution that will sustain this Director for Operations Pio Jose Joson
submission. To be sure, there is nothing in the submitted to the Comelec en banc, a
Constitution that will remotely suggest that the memorandum recommending the approval of the
people have the “sole and exclusive right to petition for recall filed by private respondent and
decide on whether to initiate a recall its signing by other qualified coters in order to
proceeding.” The Constitution did not provide grant at least 25% of the total no. of registered
voters as required by Sec 69(d),LGC. In turn, the voters in whose behalf only one person may sign
en banc issued Resolution 96-2951 (Resolution). the petition in the meantime.

Petitioner argues that Resolution is Recall must be pursued by the people, not just
unconstitutional on 2 grounds: by one disgruntled loser in the elections or a
(1) it approved the Petition for Recall albeit small percentage of disenchanted electors.
the same was signed by just 1 person in Otherwise, its purposes as a direct remedy of the
violation of the statutory 25% min. people shall be defeated by the ill motives of a
requirement as to the number of signatures few among them whose selfish resort to recall
supporting any petition for recall; and would destabilize the community and seriously
(2) it scheduled the recall election within 1 disrupt the running of government.
year from the May 12, 1997 Barangay
Elections. DISCIPLINARY CASES
Ombudsman v. Court of Appeals, July 17,
Issue: 2007, Carpio, J
WON recall was valid - NO Facts:
Ratio: Respondent Melly Magbanua was the Local
Treasury Operations Assistant of the City
Section 69(d), LGC of 1991 expressly provides Treasurers Office in Bacolod City.
that recall of any elective municipal official may
also be validly initiated upon petition of at least COA conducted an examination of
twenty-five percent (25%) of the total number of respondent’s cash and account. The
registered voters in the local government unit examination disclosed a shortage of
concerned during the election in which the local P265,450. Upon demand, respondent failed
official sought to be recalled was elected. The to produce the missing amount.
law is plain and unequivocal as to what initiates
recall proceedings: only a petition of at least Respondent alleged that the shortage was
25% of the total number of registered voters, due to the machinations and dishonest acts
may validly initiate recall proceedings. of Cash Clerk I Monina Baja (Baja).
Respondent alleged that Baja, acting as
Law does not state that the petition must be Paymaster, received payroll funds for
signed by at least 25% of the registered voters; distribution to specific offices. In her
rather, the petition must be of or by, at least 25% liquidation report, Baja reflected twice the
of the registered voters, i.e., the petition must be missing amount of P265,450 representing
filed, not by one person only, but by at least certain cash advances.
25% of the total number of registered voters.
Baja was impleaded in the case before the
This is understandable, since the signing of the
Ombudsman Visayas. Baja denied the
petition is statutorily required to be undertaken allegations of respondent.
before the election registrar or his representative,
and in the presence of a represetantive of the Issue:
official sought to be recalled, and in public place
in the municipality. Hence, while the initiatory WON the Office of the Ombudsman has the
recall petition may not yet contain the signatures power to impose directly administrative
of at least 25% of the total number of registered penalties on public officials or employees – YES
voters, the petition must contain the names of at Ratio:
least 25% of the total number of registered
The powers of the Ombudsman are found in penalties and rules provided therein
Article XI of the 1987 Constitution, which states shall be applied.
in part that the Ombudsman shall exercise such (2) In other administrative proceedings,
other powers or performs such functions or the penalty ranging from suspension
duties as may be provided by law. Sections 15, without pay for one year to dismissal
21, and 25 of RA 6770 (the Ombudsman Act of with forfeiture of benefits or a fine
ranging from five thousand pesos
1989), provide:
(P5,000.00) to twice the amount
SEC. 15. Powers, Functions and Duties. malversed, illegally taken or lost, or
― The Office of the Ombudsman shall both at the discretion of the
have the following powers, functions ad Ombudsman, taking into consideration
duties circumstances that mitigate or aggravate
(3) Direct the officer concerned to take the liability of the officer or employee
appropriate action against a public found guilty of the complaint or charges.
officer or employee at fault or who
neglects to perform an act or discharge a
Section 21 of RA 6770 vests in the Ombudsman
duty required by law, and recommend
his removal, suspension, demotion, fine, disciplinary authority over all elective and
censure or prosecution, and ensure appointive officials of the Government, except
compliance therewith; or enforce its impeachable officers, members of Congress, and
disciplinary authority as provided in the Judiciary. And under Section 25 of RA 6770,
Section 21 of this Act: Provided, That the Ombudsman may impose in administrative
the refusal by any officer without just proceedings the penalty ranging from suspension
cause to comply with an order of the without pay for one year to dismissal with
Ombudsman to remove, suspend, forfeiture of benefits or a fine ranging from five
demote, fine, censure, or prosecute an thousand pesos (P5,000.00) to twice the amount
officer or employee who is at fault or malversed, illegally taken or lost, or both at the
who neglects to perform an act or discretion of the Ombudsman x x x.
discharge a duty required by law shall
be a ground for disciplinary action Clearly, under RA 6770 the Ombudsman has the
against said officer. power to impose directly administrative penalty
on public officials or employees. Hence, the CA
SEC. 21. Officials Subject to erred in ruling that petitioner has no power to
Disciplinary Authority; Exceptions. ― impose directly administrative penalties on
The Office of the Ombudsman shall public officials or employees.
have disciplinary authority over all
elective and appointive officials of the
Government and its subdivisions, Marohomsalic v. Cole, February 27, 2008,
instrumentalities and agencies, including Corona, J.
Members of the Cabinet, local
government, government-owned or Facts:
controlled corporations and their
subsidiaries, except over officials who Romulo J. Marohomsalic was a Special Land
may be removed only by impeachment Investigator I of the Provincial Environment
or over Members of Congress, and the Resources Office of the DENR (PENRO-
Judiciary. DENR) in Koronadal City.
According to Reynaldo Cole, Marohomsalic
SEC. 25. Penalties. ― (1) In demanded P15,000 to secure the reversal of the
administrative proceedings under PENRO-DENR decision against him. Cole
Presidential Decree No. 807, the sought the assistance of the NBI to entrap
Marohomsalic. Marohomsalic was caught in accountability in public office. Moreover,
flagrante delicto receiving bribe money of Congress granted the Ombudsman broad powers
P2,700 from Cole. to implement his own actions.

An administrative complaint for grave

misconduct was filed and after evaluating the
allegations, the Ombudsman found
Marohomsalic guilty and dismissed him from
the service. An order for the immediate Socrates v. Sandiganbayan, February 20,
implementation of his dismissal was also issued. 1996, Regalado, J.
Facts:
CA dismissed Marohomsalic’s petition
Petitioner who is the incumbent governor
Issue: of Palawan, was first elected governor of the
WON the Ombudsman has the power to order said province in 1968 and was again reelected in
the dismissal of a public officer – YES both the 1971 and 1980 elections, until he was
replaced by private complainant Victoriano
Ratio: Rodriguez as Officer-In-Charge Governor after
the EDSA Revolution in February 1986
The jurisdiction of the Ombudsman over
disciplinary cases against government Both petitioner and Rodriguez ran for governor
employees is vested by Section 12, Article XI of in the 1988 elections where the latter emerged
the Constitution. Part of such disciplinary victorious. In the 1992 synchronized national
authority in administrative cases is the power to and local elections, the two again contested the
investigate and prosecute, in accordance with the
gubernatorial post; and this time, it was
requirements laid down by law. One such
requirement is that substantial evidence must petitioner who won
always support any finding. At the time Rodriguez was still the OIC
Governor of the province, the Provincial
One of the grounds for an administrative
Government of Palawan, as represented by
complaint cognizable by the Ombudsman is an
Rodriguez and the Provincial Board Members of
act or omission contrary to law or regulations
like grave misconduct. It is characterized by the Palawan, filed before the Office of the
elements of corruption, clear intent to violate the Tanodbayan two (2) complaints both
law or flagrant disregard of an established rule. dated December 5, 1986. The first complaint
Corruption as an element of grave misconduct charged petitioner with violation of Section 3(b)
includes the act of an official who unlawfully or of Republic Act No. 3019, otherwise known as
wrongfully uses his station or character to the Anti-Graft and Corrupt Practices Act, and
procure some benefit for himself, contrary to the the second charged petitioner, together with
rights of others. several other provincial officers, with violation
of Section 3(a) and (g) of the same law.
Corollary to the Ombudsman’s disciplinary
authority is his authority to dismiss. RA 6770 Issue:
which provides for the functional and structural
organization of the Office of the Ombudsman, WON Sec. 9 of R.A. No. 3019 is an invalid
was passed by Congress to deliberately endow delegation of executive power – NO
the Ombudsman with the power to prosecute
Ratio:
offenses committed by public officers and
employees to make him a more active and Three theories have been advanced on the
effective agent of the people in ensuring court’s power of suspension.
 (1) The power of suspension - where a Issue:
criminal case has already been filed in
court - still is with the Provincial WON mandamus lies to compel reduction of
Governor, relying on Section 2188 of penalty from dismissal to 1 year. – YES
the Revised Administrative Code.
Ratio:
(2) Following the ruling in Sarcos vs.
Castillo x x x, because the main The doctrine of exhaustion of administrative
respondents are elective municipal remedies calls for resort first to the appropriate
officials, that power of suspension must administrative authorities in the resolution of a
be held to repose in the Provincial
controversy falling under their jurisdiction
Board, under Section 5 of the
before the same may be elevated to the courts of
Decentralization Act of 1967 (Republic
Act 5185). justice for review. Non-observance of the
(3) By Section 13 of the Anti-Graft and doctrine results in lack of a cause of action,
Corrupt Practices Act, solely the court in which is one of the grounds allowed by the
which the criminal case has been filed Rules of Court for the dismissal of the
shall wield the power of suspension. complaint.
The doctrine is not absolute. There are instances
Since removal from office then is within the when it may be dispensed with and judicial
power of the court, no amount of judicial action may be validly resorted to immediately.
legerdemain would deprive the court of the Among these exceptions are: 1) When the
power to suspend. Reason for this is that question raised is purely legal; 2) when the
suspension necessarily is included in the greater administrative body is in estoppel; 3) when the
power of removal. It is without doubt that act complained of is patently illegal; 4) when
Congress has power to authorize courts to there is urgent need for judicial intervention; 5)
suspend public officers pending court when the claim involved is small; 6) when
proceedings for removal and that the irreparable damage will be suffered; 7) when
congressional grant is not violative of the there is no other plain, speedy and adequate
separation of powers. For, our Constitution remedy; 8) when strong public interest is
being silent, we are not to say that from involved; and 10) in quo warranto proceedings.
Congress is withheld the power to decide the
mode or procedure of suspension and removal of Truly, a petition for mandamus is premature if
there are administrative remedies available to
public officers.
petitioner. But where the case involves only
Castro v. Gloria, August 20, 2001, Sandoval- legal questions, the litigant need not exhaust all
Gutierrez, J. administrative remedies before such judicial
relief can be sought.
Facts:
Porfirio Gutang, Jr. filed with DECS a complaint
for disgraceful and immoral conduct against Caniete v. Secretary of Education, June 19,
petitioner Gualberto Castro, a teacher in 2000, Kapunan, J.
Guibuangan Central School, Barili, Cebu. It was
alleged that he has an illicit affair with Gutang’s Facts:
wife, petitioners co-teacher at the same school. Herman Caniete and Wilfredo Rosario are
DECS declared petitioner guilty of the offense public school teachers at the Juan Sumulong
High School in Quezon City. For being absent
charged and meted the penalty of dismissal from
on 20 and 21 September 1990, they were
the service.
charged by Secretary Isidro Cariño, then
Secretary of the Department of Education, (Deputy Sheriff) of immorality by
Culture and Sports, with alleged participation in cohabiting with his paramour Consolacion
the mass actions/strikes on said dates. Petitioners Inocencio, with whom he had two children,
were placed under preventive suspension. and of discharging the duties of Barangay
Captain of Masintoc, Paoay, Ilocos Norte
Secretary Cariño found petitioners "guilty as despite holding his present position.
charged" and dismissed them from the service
"effective immediately." The said decisions of Respondent Tapec vehemently denied the
Secretary Cariño, however, were set aside by the charges of immorality, claiming that these
Merit Systems Protection Board (MSPB) when were "malicious and fabricated."
the case was brought to it on appeal. The MSPB
found that petitioners were guilty only of Gross Issue:
Violation of Existing Civil Service Law and WON Respondent is guilty of immorality–
Rules and suspended them for three (3) months YES
without pay.
Ratio:
Issue:
Complainant had sufficiently established the
WON petitioners, who were earlier dismissed charge of immorality against respondent.
for allegedly participating in mass
actions/strikes, are entitled to their back o Noel Rosario, a neighbor of
salaries upon their reinstatement – YES respondent's paramour
Consolacion Inocencio at
Ratio: Barangay Ablan, Batac, Ilocos
Norte, testified that he had often
The employee who is placed under preventive seen respondent leaving the
suspension pending investigation is not entitled house of Inocencio in the
to compensation because such suspension “is not morning and returning to the
a penalty but only a means of enabling the same in the afternoon, and that
disciplining authority to conduct an unhampered this had gone on for quite some
investigation.” Upon the other hand, there is time.
right to compensation for preventive suspension o Moreover, it was well-known in
pending appeal if the employee is eventually the neighborhood that
exonerated. This is because "preventive respondent was married and that
Inocencio was merely his
suspension pending appeal is actually punitive
paramour.
although it is in effect subsequently considered
Similarly established is the fact that the illicit
illegal if respondent is exonerated and the
union of respondent and Inocencio had produced
administrative decision finding him guilty is
two children, Marc Henry Tapec and Joseph
reversed. Hence, he should be reinstated with
Marlou I. Tapec, as shown by the certified true
full pay for the period of the suspension.
copies of the children's respective birth
certificates

Nalupta, Jr. v. Tapec, March 30, 1993, Nocon, Respondent's claim that the Marc Henry and
J. Joseph Marlou are actually his grandchildren,
being the children of his son Honesto Tapec, Jr.,
Facts: is unbelievable. The entries in the birth
Complainant Mariano R. Nalupta Jr. certificates point to respondent as the father of
(Congressman of 2nd District, Ilocos Norte) these two children.
accuses respondent Honesto G. Tapec
Office of the Court Administrator v. Librada, influence of dangerous drugs, or while
August 22, 1996, Per Curiam they are high. While spreading such
drugs, the drug-pusher is also abetting,
Facts: through his greed and irresponsibility,
the commission of other crimes.”
Respondent Vicente P. Librado is deputy sheriff
of the MTCCin Iligan City. He was charged with
violation of R.A. No. 6425 (Dangerous Drugs Office of the Court Administrator v. Judge
Act) in an information filed with the RTC of Veneracion, June 21, 2000, Martinez, J.
Lanao Del Norte for selling and having in his
possession certain quantities of prohibited drugs Facts:
(shabu and marijuana). He was subsequently Merlinia Santos filed with the Court
found guilty and sentenced to six years of Administrator a sworn letter-complaint against
imprisonment. Rogelio Tria, the “Acting Sheriff IV, Branch 47,
Pursuant to its authority under the Resolution of RTC Manila.
the Court En Banc, the OCA filed this The investigation revealed that Tria was not an
administrative complaint against him and he was employee of the judiciary at the time he acted as
suspended from office. “sheriff.” The record showed that Tria was
Respondent admits that he had been convicted of appointed in 1988 as process server of the RTC,
violation of R.A. No. 6425 and claims that he is Branch 47, Manila. However, he was transferred
now on probation. to the Economic Intelligence and Investigation
Bureau (EIIB), Department of Finance, as an
Issue: Intelligence Officer. He was not thereafter re-
employed in the judiciary.
WON respondent should be dismissed – YES
Issue:
Ratio:
WON Tria may be assigned by that agency on
There is no doubt that drug-pushing is a crime
detail with the judiciary, upon the request of the
which involves moral turpitude and implies
presiding judge of the court without the
everything which is done contrary to justice,
authority of the Supreme Court – NO
honesty, modesty or good morals including acts
of baseness, vileness, or depravity in the private Ratio:
and social duties which a man owes to his
fellowmen or to society in general, contrary to Judge Veneracion failed to observe the
Constitutional and regulatory prescriptions. He
the accepted rule of right and duty between man
has no power to assign on temporary detail his
and man. Indeed, nothing is more depraved than
duly appointed sheriff to the office of the clerk
for anyone to be a merchant of death by selling of court. The authority to detail employees of his
prohibited drugs, an act which, as this Court said branch to the office of the clerk of court is
in one case: vested in the executive judge. Hence, there was
no vacancy even temporarily in the office of
“often breeds other crimes. It is not what
branch sheriff of Branch 47, and the judge can
we might call a contained crime whose
not appoint or designate any person of his choice
consequences are limited to that crime
to act as sheriff. His action showed persistent
alone, like swindling and bigamy. Court
disregard of the rule in the designation of acting
and police records show that a
sheriffs.
significant number of murders, rapes,
and similar offenses have been
This act constitutes usurpation of the appointing
committed by persons under the
authority of the SC amounting to grave
misconduct in office. As a member of the bench, Ratio:
Judge Veneracion is conclusively presumed to
know the law and is “expected to keep abreast of  Public service requires utmost integrity and
all laws and prevailing jurisprudence” which he strictest discipline. A public servant must
clearly failed to do in this instance. It was not a exhibit at all times the highest sense of
matter of negligence, but a deliberate act of honesty and integrity. The administration of
defiance of the SC’s authority by a lower court justice is a sacred task. The conduct and
judge. behavior of everyone connected with an
office charged with the dispensation of
He persistently disregarded well-known legal justice, from the presiding judge to the
rules in the designation of acting sheriffs. By lowliest clerk, should be circumscribed with
such action, he repeatedly usurped the the heavy burden of responsibility. Their
appointing authority of the Supreme Court. conduct, at all times, must not only be
Thus, it amounts to grave misconduct in office. characterized by propriety and decorum but,
above all else, must be above suspicion.
Indeed, every employee of the judiciary
RTC Makati Movement Against Graft and should be an example of integrity,
Cornuption v. Dumlao, October 4, 1998, uprightness and honesty.
Puno, J.  In the case at bench, the particular public
officer concerned is a Branch Clerk of a
Facts: court of justice who is described as an
essential officer in any judicial system,
Respondent Atty. Inocencio E. Dumlao, then
whose office is the hub of activities, both
Branch Clerk of Court of the Regional Trial
adjudicative and administrative and who
Court of Makati, Branch 134, was charged by occupy a position of great importance and
the RTC Makati Movement against Graft & responsibility in the framework of judicial
Corruption for allegedly engaging in usurious administration.
activities, immorality and violation of the Anti-  Clerks of Court are, thus, required to be
Graft & Corrupt Practices Act. individuals of competence, honesty and
probity specifically mandated to safeguard
The Office of the Chief Justice received another the integrity of the court and its proceedings,
letter-complaint against Respondent signed by to earn respect therefor, to maintain loyalty
Susan B. Quinto for: Corruption and dereliction thereto and to the judge as the superior
of duty for exacting money from court litigants officer, to maintain the authenticity and
in the pretext that the amounts exacted are his correctness of court records and to uphold
commissioner's fees, yet, he does not prepare his the confidence of the public in the
reports; For operating a lending agency with the administration of justice.
use of the facilities of the court and for exacting  No Branch Clerk of Court shall demand
from court employees usurious interest; and for and/or receive commissioner's fees for
criminal negligence in the performance of his reception of evidence ex-parte…The court
duties as Branch Clerk of Court. shall allow the commissioner, other than an
employee of the court, such reasonable
Executive Judge Abad Santos recommended the compensation as the circumstances of the
dismissal of Respondent from service on case warrant
grounds of grave misconduct and dishonesty  Courts are not lending institutions. By
prejudicial to the best interest of the service and engaging in lending activities, Respondent
acts unbecoming a court officer. has caused dishonor to courts of justice.

Issue: Nieva v. Alvarez-Edad, January 31, 2005,

Sandoval-Gutierrez, J.
WON respondent should be dismissed – YES
Facts: righteousness and uprightness from an employee
than in the Judiciary.
Saturnina Alvarez-Edad, Branch Clerk of Court,
was charged by a coworker with several Clerks of court, like the respondent herein, are
administrative offenses. important officers in the judicial system. Their
administrative functions are vital to the prompt
1) Falsification of daily time records
and sound administration of justice. They cannot
2) Dishonesty
be allowed to overstep their powers and
3) Demanding or receiving commissioners fee
for reception of evidence ex-parte responsibilities. Their office is the hub of
4) Conduct prejudicial to the best interest of the adjudicative and administrative orders, processes
service and judicial concerns. They perform a very
5) Issuing certified true copies of warrant of delicate function as custodian of the courts
arrest without payment of the corresponding fees funds, revenues, records, property and
6) Discourtesy in the conduct of official business premises. They are specifically imbued with the
mandate to safeguard the integrity of the court as
well as the efficiency of its proceedings, and to
Executive Judge Gregorio D. Dayrit exonerated
uphold the confidence of the public in the
respondent from all the charges, except for
administration of justice. Thus, they are required
dishonesty. He found that respondent demanded
to be persons of competence, honesty and
from the representative of Unifunds P1,500.00
probity.
as commissioner’s fee and received P500.00 in
the guise of payment for stenographic notes. She Respondent overstepped her powers and
kept P300.00 for herself without the consent of responsibilities. The records convincingly show
Judith Cueto, a stenographer. Judge Dayrit then that she demanded and received a
recommended that respondent be found guilty of commissioner’s fee from a litigant in an ex-
two (2) counts of dishonesty and be suspended parte proceeding. Such act violates Section B,
from the service for one (1) year without pay Chapter II of the Manual for Clerks of Court
and be disqualified for promotion or from which provides: No Branch Clerk of Court shall
receiving any increase in salary during the demand and/or receive commissioner’s fees for
pendency of the suspension the reception of evidence ex-parte.
Issue: This rule has been restated in Circular No. 50-
2001 dated August 17, 2001 issued by the Office
WON a stricter penalty should be imposed -
of the Court Administrator, which partly states:
YES
For the guidance and information of all
Ratio: concerned, x x x Clerks of Court are not
authorized to collect compensation for services
The administration of justice, by its very nature, rendered as commissioners in ex parte
is a sacred task, circumscribed with a heavy proceedings
burden of responsibility. All those involved in
its dispensation from the presiding judge to the CSC v. Dacoycoy; April 29, 1999; Pardo, J.
lowliest clerk should live up to the strictest
Facts:
standards of competence, honesty and integrity
in the public service. Their conduct, at all times, A complaint with the CSC against Pedro O.
must not only be characterized by propriety and Dacoycoy, for habitual drunkenness, misconduct
decorum but, above all else, must be above and nepotism. Upon investigation, a prima facie
suspicion. No other office in the government case was found thus a formal charge was issued
service exacts a greater demand for moral against Dacoycoy
Upon formal investigation of the CSC, no  It is immaterial who the appointing or
substantial evidence was found to support the recommending authority is. To constitute a
allegations of habitual drunkenness and violation of the law, it suffices that an
misconduct, however, the CSC found respondent appointment is extended or issued in favor
Pedro O. Dacoycoy guilty of nepotism on two of a relative within the third civil degree of
counts as a result of the appointment of his two consanguinity or affinity of the chief of the
sons, Rito and Ped Dacoycoy, as driver and bureau or office, or the person exercising
immediate supervision over the appointee.
utility worker, respectively, and their assignment
o In fact, it was Mr. Jaime Daclag,
under his immediate supervision and control as Head of the Vocational Department
the Vocational School Administrator Balicuatro of the BCAT, who recommended
College of Arts and Trades, and imposed on him the appointment of Rito.
the penalty of dismissal from the service. MR o Atty. Victorino B. Tirol II, Director
denied III, DECS Regional Office VIII,
Palo, Leyte, appointed Rito
65 to CA. CA reversed CSC. Respondent did not Dacoycoy driver of the school.
appoint or recommend his two sons Rito and o Mr. Daclag also appointed Ped
Ped, and, hence, was not guilty of nepotism. Dacoycoy casual utility worker.
 However, it was respondent Dacoycoy who
certified that funds are available for the
Issue: proposed appointment of Rito Dacoycoy and
even rated his performance as very
WON Dacoycoy is guilty of nepotism – Yes satisfactory.
 On the other hand, his son Ped stated in his
Ratio:
position description form that his father was
 EO 292, Sec. 59. Nepotism. (1) All his next higher supervisor.
appointments to the national, provincial, city  Unquestionably, Mr. Daclag was a
and municipal governments or in any branch subordinate of respondent Pedro O.
or instrumentality thereof, including Dacoycoy, who was the school
government owned or controlled administrator. He authorized Mr. Daclag to
corporations, made in favor of a relative of recommend the appointment of first level
the appointing or recommending authority, employees under his immediate supervision.
or of the chief of the bureau or office, or of Then Mr. Daclag recommended the
the persons exercising immediate appointment of respondents two sons and
supervision over him, are hereby prohibited. placed them under respondents immediate
o The word relative and members of supervision serving as driver and utility
the family referred to are those worker of the school.
related within the third degree either
of consanguinity or of affinity.
Santos v. Macaraig, April 10, 1992, Griño-
o Under the definition of nepotism,
one is guilty of nepotism if an Aquino, J.
appointment is issued in favor of a Facts:
relative within the third civil degree
of consanguinity or affinity of any Rosalinda de Perio-Santos, a career service
of the following: a) appointing officer with the rank of Chief of Mission II and
authority; b) recommending Ambassador Extraordinary and Plenipotentiary,
authority; c) chief of the bureau or was appointed on July 24, 1986, by P. Aquino,
office, and d) person exercising to the position of Permanent Representative of
immediate supervision over the the Philippines to the Philippine Mission to the
appointee.
United Nations and other International
Organizations with station in Geneva, DFA required her to refund the amount
Switzerland representing her daughter's round-trip ticket
since DFA received a copy of the "facture" from
Santos sought a LOA from the DFA to spend the
the travel agency.
Easter Holidays in New York, with her family at
no expense to the Government. She bought 2 Instead of refunding only the sum of Sfr. 673 to
non-transferable, non-refundable discounted the Government, petitioner returned the full
tickets costing SFr. 1,597 for herself and her amount of SFr. 1,597. She thereafter claimed
adopted daughter Pia. payment for one round-trip economy plane
ticket (Geneva-New York-Geneva) in the
Before they could leave Geneva, petitioner
amount of SFr. 2,996 to which she was entitled.
received instructions from the home office
directing her to proceed to Havana as a member Deputy Armando Maglaque, and some
of the Philippine delegation to the UNCTAD G- MISUNPHIL employees filed administrative
77 Preparatory Conference from April 20-26, charges against her for "incompetence;
1987. inefficient; corrupt and dishonest activities; rude
and uncouth manners; abusive and high-handed
Instead of buying an economy roundtrip ticket,
behavior; irregular and highly illegal
she used for the Geneva-New York-Geneva
transactions involving funds of the mission."
portion of her trip the two (2) discounted tickets
costing only SFr. 1,597 for herself and her Issue:
daughter Pia. They left Geneva for New York en
WON Santos was guilty of dishonesty or
route to Havana. On the same day, the DFA
misconduct. – NO
approved her application for LOA with pay from
April 27 to May 1, 1987. Ratio:
After the Havana Conference, she and her There is no evidence of dishonesty on the part of
daughter spent her vacation leave in New York the petitioner, or an intent to cheat and defraud
before returning to Geneva. the government. Her failure to disclose the fact
that her discounted tickets included the fare for
Instead of claiming reimbursement for SFr.
her child, was harmless and inconsequential as
2,996, she requested, and received,
the 2 discounted Geneva-New York-Geneva
reimbursement of only SFr. 1,597 which she
tickets for herself and her daughter were in fact
spent for the Geneva to New York, and New
inseparable, intransferable, non-cancellable and
York to Geneva portion of her trip, thereby
non-refundable, in effect one whole fare only,
effecting savings of SFr.1,399 for the
for purposes of the discount. The mother and
Government
daughter tickets were, in the words of the
The DFA sent her a cable (GE-202/87) petitioner, "married to each other". One without
requesting clarification on "why Mission paid the other would not have been entitled to the
for plane ticket of infant Pia de Perio-Santos discount. And if she left her daughter behind, it
(petitioner's daughter) Geneva-New York- would have made no difference in the fare
Geneva per CV 216/87 when she was not because the ticket was not refundable.
authorized to accompany her adopting mother at
Using the discounted tickets was beneficial to
government expense.
the Government for they cost 50% less than an
Petitioner replied that the air fare tickets were economy roundtrip ticket that the petitioner was
for her only and did not include her daughter entitled to purchase for the same trip if she
whose trip was paid from her personal funds travelled alone. She obviously saved money
(SFr.1,399) for the government by using her
discounted tickets even if her daughter's fare comply with just contractual obligation, act
was included. fairly and adhere to high ethical standards to
preserve the court's integrity. Although an
Since petitioner was moved by the best of
ordinary court employee, should not, like judges,
motives in using the discounted tickets which
incur obligations which will in any way
she had purchased before she received the order
interfere, directly or indirectly, with his function
to attend the UNCTAD conference in Havana,
as such. He should be scrupulously careful to
her action should be commended instead of
avoid such action as may reasonably tend to
condemned
generate the suspicion that his relations with
others constitute an element in the determination
of the course of action that the court to which he
Garciano v. Oyao, January 27, 1981, belongs, will take in a pending case.
Makasiar, J.
Facts:
Wilfredo Oyao was originally Docket Clerk
turned Clerk of Court of CFI Cebu. Garciano, a
debtor, wanted to collect the P300 due him.
Oyao initially signed a promissory note with
special power of attorney authorizing respondent
to collect his first quincena salary until his
indebtedness is fully paid but, instead, the Oyao
collected in advance his salary checks so
Garciano was unable to collect a single check by
way of payment of the indebtedness.
Issue:
WON Oyao's act in wilfully refusing to settle
his obligation is a violation of the Civil
Service Rules and Regulations – YES
Ratio:
Oyao executed a promissory note in favor of the
Garciano and also a special power of attorney
authorizing herein complainant to collect
respondent's first quincena salary until the
indebtedness was fully paid. But Garciano could
not collect the first 15-day salary of respondent,
for the latter always collected it ahead of
complainant. Oyao’s execution of the aforesaid
documents in favor of the complainant induced
the latter to grant the said loan. Hence, it is
clearly unfair to the complainant as well as
unethical for Oyao to welch on his promise.
His improper conduct unavoidably stains the
image of the judiciary. Court personnel must