LAW ON PUBLIC OFFICERS

A. GENERAL PRINCIPLES
Public Office- Right, authority and duty created and conferred by law, by which
for a given period, either fixed by law or enduring at the pleasure of the
creating power, an individual is invested with some portion of sovereign
functions of the state to be exercised by him for the benefit of the body politic.

(Fernandez v. Sto. Tomas, G. R. No. 116418, March 7, 1995)

Public Officer- Individual vested with some portion of the sovereign functions of
the State to be exercised by him for the benefit of the public.

Public Officer Employee

Delegation of the individual of some of Does not involve the exercised of

the sovereign functions of some portion of the sovereign
government. functions of the state.

Involves exercised of discretion Duties are clerical or manual in nature

Required to take an oath and official Oath and bond are not required.
bond.

B. MODES OF ACQUIRING TITLE TO PUBLIC

OFFICE
1. By appointment; or

2. By election.

 Appointment- selection, by the authority vested with the power, of an

individual who is to exercise the functions of a given office. (Binamira v.
Garrucho, G. R. No.92008 July 30,1990)

 It is an essentially discretionary power and must be performed by the

officer in which it is vested according to his best lights, the only condition
 being that the appointee should possess the qualifications required by law.
If he does, then the appointment cannot be faulted on the ground that
there are others better qualified who should have been preferred. (Luego v.
Civil Service Commission, No. L-69137, August 5, 1986)

 General rule: Appointment to an office, once made and complete, is not

subject to reconsideration or revocation.

 Exception: Where an officer is removable at will of the appointing power.

APPOINTMENT DESIGNATION COMMISSION

The selection by the The imposition of Written evidence of the

authority vested with the additional duties, usually appointment.
power, of an individual by law, in a person
who is exercise the already in the public
functions of a given service.
office.

C. MODES AND KINDS OF APPOINTMENT

Classification of Appointments

1. Permanent - extended to a person possessing the requisite qualifications,

including, the eligibility required, for the position and thus enjoys security
of tenure.

2. Temporary - acting appointment extended to one who may not possess the
requisite qualifications or eligibility and is revocable at will, without the
necessity of just cost or valid investigation, provided that such appointment
shall not exceed 12 months. It is made in absence of appropriate eligibles
and it becomes necessary in the public interest to fill a vacancy. (Chua vs.
Civil Service Commission, G.R. No. 88979, February 7, 1992)

 An “acting” appointment is merely temporary, one which is good only until

another appointment is made to take it place (Austria vs. Amante, No.
L-959, January 9, 1948).

 Acquisition of the appropriate civil service eligibility by a temporary

appointee will not pso facto covert the temporary appointment in a
permanent one; a new appointment is necessary (Maturan v. Maglana, No.
L-52091, March 29, 1982).
 Where the temporary appointment is for a fixed period, the appointment
may be revoke only at expiration of the period, or if revocation is made
before such expiration, the same has to be for a valid and just cost (Ambas
v. Buenaseda, G.R. No.95244, September 4, 1991)

3. Regular - made by the President while Congress is in session and becomes

effected after the nomination is confirmed by the Commission on Appointments
and continues until the end of the term.

4. Ad-interim -a permanent appointment because it takes effect immediately

and can no longer be withdrawn by the President once the appointee has
qualified into office. The fact that it is subject to confirmation by the
Commission on Appointments does not alter its permanent character. (Matibag
v. Benipayo, G.R. No. 149036, April 2, 2002)

a. Recess - made while Congress is not in session, before confirmation by

the CA; is immediately effective, and ceases to be valid if disapproved or
bypassed by the CA upon the next adjournment of Congress.

b. Midnight - made by the President before his term expires, whether or

not it is confirmed by the Commission on Appointments.

D. ELIGIBILITY AND QUALIFICATION

REQUIREMENTS
 Formal Qualifications:

1. Citizenship

2. Age

3. Suffrage

4. Residence

5. Education

6. Ability to read and write

7. Political affiliation

8. Civil service examination

 Grounds for disqualification to hold public office:

1. Mental or physical incapacity

2. Misconduct or crime

3. Impeachment

4. Removal or suspension from office

5. Consecutive terms

6. Holding more than one office

7. Relationship with the appointing power

8. Office newly created or the emoluments of which has been increased

9. Being an elective official

10. Having been a candidate for any elective office

11. Other grounds under the Local Government Code

 Eligibility and Qualification (Two Senses):

1. May refer to endowments, qualifies or attributes which make an individual

which make an individual eligible for public office

 The individual must possess the qualifications at the time of the

appointment or election and continuously for as long as the official
relationship continues.

2. May refer to the act of enabling a person to perform the duties and
functions of his office.

 The failure to perform an act require by law could affect the officer’s title to
the given office.(e.g. taking an oath or affirmation to uphold and defend
the Constitution: accountable officers are required to be properly bonded)
(Lecaroz v. Sandiganbayan, G.R. No. 130872, March 25, 1999)

E. DISABILITIES AND INHIBITIONS OF

PUBLIC OFFICERS
 Under the Local Government Code:
1. Prohibited Business and Pecuniary Interest (Sec. 89, R.A. 7160):

a. Engage in any business transaction with the LGU in which he is an official or

employee or over which he has the power of supervision, or with any of its
authorized boards, officials, agents or attorneys, whereby money is to be
paid, or property or any other thing of value is to be transferred directly or
indirectly out of the resources of the LGU to such person or firm;

b. Hold such interest in any cockpit or other games licensed by the LGU;

c. Purchase any real state or other property forfeited in favor of the LGU
unpaid taxes or assessment, or by virtue of a legal process at the instance
of the LGU;

d. Be a surety for any person contracting or doing business with the LGU for
which a surety is required;

e. Possess or use any public property of the LGU for private purposes.

2. Practice of Profession (Sec. 90, R.A. 7160):

a. All governors, city and municipal mayors are prohibited from practicing
their profession or engaging in any occupation other than the exercise of
their functions as local chief executives;

b. SG members may practice their professions, engage in any occupation, or

teach in schools except during session hours; those who are also members
of the Bar shall not:

i. Appear as counsel before any court in any civil case wherein the LGU or any
office, agency or instrumentality of the government is the adverse party;

ii. Appear as counsel in any criminal case wherein an officer or employee of

the national or local government is accused of an offense committed in
relation to his office;

iii. Collect any fee for their appearance in administrative proceedings involving
the LGU of which he is an official; and

iv. Use property and personnel of the government except when the SG
member concerned is defending the interest of the government

3. Prohibition against Appointment (Sec. 94, R.A. 7160):

a. No elective (or appointive) local official shall be eligible for appointment or
designation in any capacity to any public office or position during his tenure;
unless otherwise allowed by law or by the primary functions of his office, no
local official shall hold any other office or employment in the government or
any subdivision agency or instrumentality thereof including GOCCs or their
subsidiaries;

b. Except for losing candidate in barangay elections, no candidate who lose in

any election shall within 1 year after such election be appointed to any
office in the government or any GOCCs or their subsidiaries.

4. Prohibition against additional and double compensation.

 No elective or appointive public officer or employee shall receive additional,

double or indirect compensation unless specifically

F. POWER AND DUTIES OF PUBLIS OFFICERS

 Authority of Public Officers
1. Expressly conferred upon him by the act. Appointing him;
2. Expressly annexed to the office by law;
3. Attached to the office by common law as incident to it.
 Doctrine of Necessary Implication all powers necessary for the effective
exercise of the express powers are deemed impliedly granted.
 The authority can be exercised only during the term when the
public officer is, by law, invested with the rights and duties by the
office.
(Nachura, Reviewer in Political Law, 2006 ed., p. 449)
 The power of the Secretary Department to promulgate internal
rules of administrative procedure is lodged in him by necessary
implication us part of his express power to promulgate rules and
regulations necessary to carry out department objectives,
policies, functions, plans, programs and projects (Valencia v, CA,
G. R. No. 86186, 8 May 1992)
 Powers of Public Officers
1. Ministerial – discharge is imperative and requires neither
judgement nor discretion mandamus will lie; and
2. Discretionary – Impose by law wherein officer has the right to
decide how and when the duty shall performed, mandamus will
not lie.
 Duties of Public Officers:
 1. To be accountable to the people to serve them with utmost
responsibility, integrity, loyalty and efficiency to act with
patriotism and justice: and to lead modest lives (Sec. 1, Art. XI).
2. To submit a declaration under oath of his assets, liabilities and
net worth upon assumption of office and as open thereafter as
may be required by law (Sec. 17, Art. XI).
3. To owe the State and the Constitution allegiance at all times (Sec.
18, Art. XI).
 The Solicitor General’s duty to represent the government, its
offices and instrumentalities and its officials and agents – except
in criminal cases or civil cases or damages arising from felony – is
mandatory.
(Gonzales vs. Chavez G.R. No. 97351. February 4, 1992)
 The government is not estopped from questioning the acts of its
officials (Sharp International Marketing vs. CA, No. L-78529,
September 17, 1987).

G. RIGHTS OF PUBLIC OFFICERS

1. Right to Office – just and legal to exercise powers and responsibilities of
the public office.
a. Term – period which during officer may claim to hold office as a
right.
b. Tenure – period which officer actually holds office.
2. Right to Salary
 Basis’ Legal title to the office and the fact that the law attaches
compensation to the office.
 The ex-official position being actually and in legal contemplation
part of the principal office. It follows that the official concerned
has no right to receive additional compensation for his services in
said position (Cruz, The Law of the Public Officers, 2007 ed., p.
199.).
 Back salaries are payable to an officer illegally dismissed or
otherwise unjustly deprived of his office, the right to recover
accruing from the date of the deprivation. The claim for back
salaries must be coupled with a claim for reinstatement and
subject to the prescriptive period of one (1)
(Cruz, The Law of Public Officers, 2007 ed., p. 206-207)
 The salary of a public officer cannot, by garnishment,
attachment, or order unearned salaries or fees. (Nachura,
Reviewer in Political Law, 2006 ed., p.456).
3. Right to Vacation Leave and Sick Leave With Pay
 Under office of the President Memo Circular No. 54, dated March
24 1988, government officers and employees are now entitled to
 commutation of all leave credits without limitation and regardless
of the period when credits were earned, provided the claimant
was in the service as of January 9, 1986.
 Under Section 81 of the Local Government Code, elective local
officials shall be entitled to the same leave privileges as those
enjoyed by appointive local officials, including cumulation and
commutation thereof.
4. Right to Retirement Pay – retirement laws are liberally construed in favor
of the retiree (Profeta v. Drilon, G.R. No. 104139, December 22, 1992).
 Retirement pay accruing to a public officer may not be withheld
and applied to his indebtedness to the government ( Tantuico v.
Domingo, G.R. No. 96422, February 28, 1994)

H. LIABILITIES OF PUBLICE OFFICERS

 General Rule: Not liable for injuries sustained by another as a
consequence of official acts done with the scope of his authority,
except as otherwise provided by law .
 Exceptions:
1. Statutory liability under the Civil Code (Arts. 2/. 32 and 34.);
2. When there is clear showing of bad faith, malice or negligence
(Section 38, Chapter 9, Book I, Administrative Code of 1987);
3. Liability and contracts entered into without or in excess of
authority; and
4. Liability for tort
 In matters of tort. The same will not be imputable to
the public officer if it is shown that he acted within the
limits of his authority without, the attendance of bad
faith (Cruz, The Law Public Officers, 2007 ed., p.258).
 Threefold Liability Rule – wrongful acts or omissions of public
officers may give rise
to civil, criminal and administrative liability (CAC Liability Rule).
 Liability of Ministerial Officers:
1. Nonfeasance – neglect or refusal to perform an act which is
the officer’s legal obligation to perform:
2. Misfeasance – failure to us that degree of care, skill and
diligence required in the performance of official duty; and
3. Malfeasance – doing, through ignorance, Inattention or
malice, of an act which he had no legal right to perform
 Neither the principle of command responsibility (:n military or
police structural dynamics). Nor the doctrine of respondeat
superior (in quasidelicts) applies in the law of public officers. The
negligence of the subordinate cannot be ascribed to his superior
 in the absence of evidence of the alter’s own negligence (Reyes v.
Rural Bank of San Miguel Inc., G.R. No. 154499, Feb. 27, 2004)
 A superior officer is liable for acts of a subordinate when:
1. He negligently or wilfully employs or retains unfit or
incompetent subordinates:

2. He negligently or wilfully fails to require subordinate to conform

to prescribe regulations:

3. He negligently or carelessly overseas the business of the office

as to furnish subordinate an opportunity for default:

4. He directed or authorized or cooperative in the wrong; or

5. Law expressly makes him liable.

 Subordinate officers are also liable for wilful or negligent acts

even if they acted under orders if such acts are contrary t law,
morals, public policy and good customs (Sections 39, Chapter 9,
Book I, Administrative Code of 1987).
1. PREVENTIVE SUSPENSION AND BACK SALARIES
 Preventive suspension may be imposed without any notice and
hearing since it is not a penalty. It is merely a preliminary step in
an administrative investigation and is not the final determination
of thr guilt of the officer concerned. (Garcia v. Mojica, G.R. No.
139043, September 10, 1999 [1999]).
 Two kinds of preventive suspension of civil service employees
who charged with offenses punishable by removal or
suspension:
1. Preventive suspension pending investigations and
2. Preventive suspension pending appeal if the penalty imposed
by the disciplining authority is suspension or dismissal and,
after review, the respondent is exonerated.
PREVENTIVE PREVENTIVE
SUSPENSION PENDING SUSPENSION PENDING
INVESTIGATION APPEAL

 It is not a penalty  Preventive suspension

 It is a measure pending appeal is
intended to enables actually punitive
the disciplining although it is in effect
authority to subsequently
investigate charges considered illegal if
against respondent by respondent is and
preventing the latter exonerated and the
 from intimidating or administrative decision
any way influencing guilty is reversed.
witnesses against Hence, he should be
him. reinstated with full pay
 It is limited to ninety for the period of the
(90) days unless the suspension.
delay in the  On the other hand, if
conclusion of the his conviction is
investigation is due to affirmed, i.e., if he is
the employee not exonerated, the
concerned. After the period of his
period, even if the suspension becomes
investigation is not part of the final penalty
finished, the law of suspension or
provides that thw dismissal (Gloria v.
employee shall be Court of Appeals, G.G.
automatically No. 131012, April 21,
reinstated. (Gloria v. 1999)
Court of appeals, G.R.
No. 131012, April 21
1999).

2. ILLEGAL DISMISSAL, REINSTATEMENT AND BACK SALARIES

An illegal dismissed government employee who is later ordered reinstated is

titled to back wages and other monetary benefits from the time of his illegal
dismissal up to his reinstatement, because he considered as not having left his
office and should be given a comparable compensation at the time of his
reinstatement (Gabriel v. Domingo, G.G. No. 37420, September 17, 1990).

 The reinstated employee cannot be faulted for inability to work or to

render any service from the time he was illegaly dismissed up to the time
of reinstatement. The policy of “no work, no pay” cannot be applied for
such distressing state of affairs was not of his own making or liking.
Verily, to withhold back salaries and other benefits during his illegal
dismissal would put to naught the constitutional guarantee of security of
tenure for those in the civil service (Constantino daviv v.
Pangandaman-Gania, GR. No. 156039, August 14, 2013).

I. IMMUNITY OF PUBLIC OFFICES

General Rule: The doctrine of the state immunity from suit applies to
complaints filed against public officials for acts done in the performance of their
duties. The rule is that the suit must be regarded as one against the state
where satisfaction of the judgment against the public official concerned will
require the state itself to perform a positive act, such as appropriation of the
amount necessary to pay the damages awarded to the plaintiff.

 Exceptions:
1. Where the public official is charged in his official capacity for acts that
are unlawful and injurious to the right of others. Public officials are not
exempt, in their personal capacity, from liability arising from acts
committed in bad faith.
2. Where the public official is clearly being sued not in his official capacity
but in his personal capacity, although the acts complained of may have
been committed while he occupied a public position. (Lansang v. Court
of Appeals, G.R. No. 102667, February 23, 2000).

J. DE FACTO OFFICERS

 De Facto officer- One has the reputation of being an officer that he

assumes to be, and yet is not a good officer in a point of law (Torres v.
Ribo, No. L-2051, May 21, 1948).

 Requisites:

1. A validly existing public office;

2. Actual physical possession of said office;

3. Color of title of office, by any of the following:

a. Reputation or acquiescence;

b. Know and valid appointment or election but the officer

failed to conform to a legal requirement;

c. Known appointment or election but void because of

ineligibility of the officer or want of the authority of the appointing
or electing authority or irregularity in appointment or election not
known to the public; and

d. Known appointment or election pursuant to an

unconstitutional law before declaration of unconstitutionality.
  A de facto officer is subject to the same liabilities
imposed on the de jure officer in the discharge of
official duties, in addition to whatever special
damages that may be due from him because of his
unlawful assumption of office (Cruz, The Law of
Public Officer, 2007 ed., p.65).
 Legal Effects of Acts: The lawful acts of de facto
officer, so far as the right of the third person are
concerned are, if done within the scope and by the
apparent authority of the office, considered valid
and binding as if he were the officer legally elected
and qualified for the office and in full possession
thereof (Mechem, Section 326).

 Entitlement to Salaries
General Rule Rightful incumbent may recover from
a de facto officer the salary received by the latter
during the time of wrongful tenure even though
the latter is in the good faith and under color of
title (Monroy v. CA, NO. L-23258, July 1, 1967).

Exemption: When there is no de jure officer, the de facto officer

is entitled to salary for the period when he actually discharge (Civil Liberty
Union v Executive. Sec; G. R. No. 838996, February 22, 1991)

Challenge against a De Facto Officer: must be in a direct proceeding where the

title will be the principal issue. The authorized proceeding is quo waranto,
either by the Solicitor General in the name of the republic or by any person
claiming title to the office. (Cruz, The Law of Public Officers, 2007 ed., p.65)

K. TERMINATION OF OFFICIAL RELATION

1. Expiration of Terms or Tenure
 When a public officer holds office at the pleasure of
the appointing authority is being replaced shall be
regarded as termination through expiration of term
not removal (Asrtraquillo v. Mangalus G.R No.
88183, October 3, 1990)
 Principle of Hold-Over – in the absence of any
express or implied constitutional or statutory
provision to the contrary, the public officer is
 entitled to hold office until his successor shall have
been duly chosen and shall be qualified.
 When the law fixes specific date for the end
ofd the terms, there is an implied
prohibition against hold-over.
 During the period of hold-over, the public
officer is a de dure officer.
 Purpose: to prevent hiatus in public
office (subject to Art. 237 of RPC).
2. Reaching the Age Limit
Compulsary Retirement.
 Member of the Judiciary: 70 years
of age
 Other government officers and
employees: 65 years of age.
 Optional retirement age : After
rendition of the minimum number of
years of service
3. Resignation – the act of giving up or the act of a public officer by which
he declines his office or renounces the further right to use it. To be valid,
it must be writing and accepted.
 Effective date of resignation: the
date specified in the tender; and if
no such date is specified, when the
public officer receives notice of the
acceptance of his resignation
(Gamboa v. CA, No. L-38068,
September 30 1981)
 Courtesy resignation – cannot
properly be interpreted as a
resignation in the legal sense for it
is not necessarily a reflection of a
public officer’s intention to
surrender his position. Rather, it
manifests his submission to the
will of the political authority and
the appointing power (Ortiz v.
COMELEC, No. L-78957, June 28
1998).
4. Recall – a method of the removal employed directly by the people
themselves through the exercise of their suffrages
5. Removal – Forcible and permanent separation of the incumbent from
office before the expiration of his term (ingles v. Mutuc, No. L-20390,
November 29, 1968)
 Removal not for a just cause of non-compliance with the
prescriced procedure a reversible error, and entitles the officer or
employee to reinstatement with back salaries and without laws of
seniority rights (Nachura,Reviewer in Political Law, 2006 ed., p.
493).
6. Abandonment voluntary relinquishment of an office by the holder,
with the intention of terminating his possession and control thereof.
 Abandonment of office is species of resignation; whole
resignation in general is a formal relinquishment, abandonment is
a voluntary relinquishment through non-user. Non-user refers to
a neglect to use a privilege or a right to use an easement or an
office (Municipality of San Andres, Catanduanes v. CA, G.R. No.
118883, January 16, 1998).
7. Acceptance of an Incompatible Office
 Test of incompatibility-by the nature and relation of the two
offices to each other, they ought not to be held by one person
from the contrariety and antagonism which would resut in the
attempt by one person to faithfully and impartially discharge the
duties of one, toward the incumbent of the other.
 General Rule: Acceptance of incompatible office ipso facto
vacates the other.
 Exeption: Where the public officer is authorized by law to accept
the other office , e.g. the Secretary of Justice who is, by express
provision of the Constitution, a member of the Judicial and Bar
Council.
8. Abolition of Office - must be made in good faith, with the clear intent
to do away with the office, not for personal or political reasons, and
cannot be implemented in a manner contrary to law (Nachura, Reviewer
in Political Law, 2006 ed., p. 484).
9. Prescription of the Right of Office - The Rules of Court provide that
a petition for reinstatement (after illegal ouster or dismissal) or the
recovery of the public office must be instituted within (1) year from the
date thepetitioner is unlawfullu ousted from his office. The period may
be extended on grounds of equity (Cristobal v. Melchor, No. L-43203, Jul
29,1977).
10. Impeachment - a method of national inquest into the conduct of public
men,
11. Death - terminates the right to the office as it terminates everything
else. However, whether the office will be immobilized as a result will
 depend on the natur eof the office and provision for automatic
succession (Cruz, The Law of Public Officers, 2007 ed., p. 337)
.
12. Failure to Assume Office
 The office of any office elected who fails or refuses to take his
oath of office within six month from his proclamation shall be
considered vacant, unless said failure is for a causes beyond his
control (Section 11, BP 881, Omnibus Election Code).
13. Conviction of a Crime
 When the penalty imposed carries with it the accessory penalty of
disqualification, conviction by final judgment automatically
terminates official relationship.
 While a plenary pardon extinguishes the accessory penalty of
disqualification, it will not restore the public office to the officer
convicted. He must be given a new appointment to the position.
(Monsanto v. Factoran, G.R. No. 78239. February 9, 1989)
14. Filing of a Certificate of Candidacy - Public appointive officials shall
be considered ipso facto resigned from his office upon the filing of his
certificate of candidacy. (COMELEC Resolution 8678)

L. THE CIVIL SERVICE

1. Scope

Embraces all branches, subdivision, instrumentalies and agencies of the

Government, including government-owned and controlled corporations with
original charters (Sec. 2(1), Art. IX-B)

2. Appointment to the Civil Service

Classification of position based on Revised Administrative Code of 1987

Characteristics
a. Entrance on bases other than
a. Entrance base on merit and to be
the usual test utilized for career service; and
determine by competitive examination or b. Tenure limited to period.
based on highly technical qualifiqualifications;
b. Opportunity for
advanadvancecement; and
c. Security of tenure.
 Kinds
a. Elective officials and their
a. Open career position- personal and confidential staff.
prior qualification via examination; b. Department heads and officalof
b. Closed career positions cabinet rank, and their personal and
– e.g. scientific of highly technical;confidential staff;
c. Career executive service – e.g. c. Chairmen and members of
Undersecretaries, Bureau Directions; commissions and boards with fixed terms of
d. Career officers – appointed byofficethe and their personal and confidential
President, e.g., foreign service: staff:
e. Positions in AFP, governed by d. Contractual personnel or those
separate merit system; whose employment in government is in
f. Personnel od GOCC’s with original accordance with special contract for
charter. s wssspecific work: and
g. Permanent labors whether skilled, e. Emergency and seasonal perso
semi-skilled or unskilled. personnel.

3. PERSONNEL ACTIONS

1. promotion- movement from one position to another with increase in duties

and responsibilities as authorized by law and usually accompanied by an increase in
pa.

a. Next-in-rank rule- the person next in rank shall be given preference in

promotion when the position immediately above his is vacated.

i. Even if the vacancy had to be filled by the promotion, the concept of “next
in rank” does not import any mandatory or perempiory requirement that the person
next in rank must be appointed to the vacancy.
(Espanol vs. CSO, G.R No. 85479, March 3, 1992)
ii. A “qualified next-in-rank” refers to an employee appointed” on a
permanent basis to a position previously determined to be next-in-rank to the vacancy
proposed to be filled and who meets the requisites for appointment thereto as
previously determined by the appointing authority and approved by the CSC (P.D.
807, Section 19(6).

c. Automatic Reversion Rule- the disapproval of the appointment of a person

proposed to a higher position invalidates the promotion of their former positions.
Requisites:
i. There must be a series of promotions:
ii. All promotional appointments are simultaneously submitted to the
Commission for approval: and

The Commission disapproves the appointment of a person to a higher

position. (Divinagracia v.-Sto . Tomas, G.R. No. 110954. May 31, 1995)
 2. Appointment through Certification- issued to a person who has been selected
from a list of qualified persons certified by the Civil Service Commission, and who
meets all the qualifications prescribed for the position.

3. Transfer- movement from one position to another which is of equivalent rank,

level or salary without break in service. May be imposed as an administrative penalty.

i. A transfer that result in promotion or demotion, advancement or reduction.

Or a transfer that aims to lure the employee away from his permanent position, cannot
be done without the employee’s consent, for that would constitute removal from
office. (Divinagracia v. Sto. Tomas, G.R. No. 110954, May 31, 1995)

4. Reinstatement - a permanently appointed person and who has, through no

delinquency or misconduct, been separated therefor, may be reinstated to a position
in the same level for which he is qualified.

5. Detail - movement from one agency to another without the issuance of an

appointment; allowed only for a limited period in the case of employees occupying
professional, technical and scientific positions.

6. Reassignment - movement from one organizational unit to another in the

same agency provided that such shall not involve a reduction in rank, status or salary.
But like detail, the reassignment should have a definite date or duration.

7. Reemployment - names of persons who have been appointed permanently

to positions in the career service and who have been separated as a result of
reduction in force and/or reorganization shall be entered in a list from which selection
for reemployment shall be made.

8. demotion - movement from one position to another which involves

diminution in duties, responsibilities, status, or rank which may or may not involve
reduction in salary.

9. Discipline - officers and employees in the civil service including those

appointed to policy determining, primarily confidential and highly technical positions
enjoy security or tenure and may not be suspended or dismissed except for cause as
may be provided by law. But they may be disciplined if they violate their public trust
and fail to serve with almost responsibility, integrity, loyalty and efficiency and act with
patriotism and justice and lead modest lives.

M. ACCOUNTABILITY OF PUBLIC OFFICERS

1. IMPEACHMENT

A method by which persons holding government positions of high authority,

prestige, and dignity and with definite tenure may be removed from office for causes
closely related to their conduct as public officials.
  Impeachable officers (Exclusive)
1. President
2. Vice- President
3. Members of the Constitutional Commissions; and
4. Ombudsman

Grounds for Impeachment (Exclusive)

1. Culpable violation of the Constitution;

2. Treason;
3. Bribery;
4. Graft and Corruption;
5. Other high crimes and;
6. Betrayal of public trust

 Impeachment Process
1. Filing of a complaint – start of impeachment proceedings; the
complaint is filed either by a member of the House or by any citizen upon a resolution
of endorsement by any member thereof.
2. Complaint is referred to the proper committee
a. The committee conducts deliberation of the complaint thereafter shall
decide if the complaint is sufficient in form and substance.
b. The committee, after hearing and by a majority vote of all members, shall
submit its report to the House within 60 session days together with its resolution.
c. It shall be included in the order of the business within 10 session days.
d. A vote of at least 1/3 of all the members of all the House shall be necessary
either to affirm a favourable resolution with the Articles of Impeachment, or to
override its contrary resolution.
 If the verified complaint is filed by at least 1/3 of all its member, the same
shall constitute the Articles of Impeachment, and trial by the Senate shall forthwith
proceed.
3. Complaint is sent to the Senate which will try and decide cases of
impeachment
4. Trail and Conviction – the Senate tries the impeachment and convicts by a
vote of 2/3 of all the members of the Senate.
 Effects of Conviction
1. Removal from office;
2. Disqualification to hold any other office under the Republic of the
Philippines; and
3. Party convicted shall be liable and subject to prosecution, trial and
punishment according to law.
 Limitation
1. The House of Representatives shall have the exclusive power to initiate all
cases of impeachment.
 2. No more than one impeachment proceedings shall be initiated against the
same official within a period of one year.
3. For purposes of applying the one year bar rule, the proceeding is “initiated”
or begins when a verified complaint is filed and referred to the Committee on Justice
for action (Francisco et al. v. House of Representative et al., G.R. No. 160261,
Novenber 10, 2003).

4. OMBUDSMAN
Tasked to entertain complaints addressed to him against erring public officers
and take all necessary actions thereon.
 Composition
 An ombudsman to be known as tanodbayan;
 1 overall Deputy; and
 At least 1 Deputy each for Luzon, Visayas and Mindanao;
 A separate Deputy for the military establishment may likewise be
appointed.
 Qualifications of the Ombudsman and his deputies
1. Natural-born citizen;
2. At least 40 years old;
3. Of recognized probity and independence;
4. Member of the Philippine Bar; and
5. Must not have been candidate for any elective officers in the preceding
election.

 Appointed of the Ombudsman and his deputies. By the President from a list
of at least 6 nominees prepared by the judicial and Bar Council, and from a list of at
least 3 nominees for every vacancy thereafter. All vacancies must be filled in 3
months.
 The officials and employees of the Office of the Ombudsman, other than
the Deputies, shall be appointed by the Ombudsman according to the Civil Service
Law.
 Term of office 7 years without reappointment.
 The Office of the Ombudsman shall enjoy fiscal autonomy, is approved
annual appropriation shall be automatically and regularly released (Sec.14, Act XI).
 Disqualification and Inhibition during their tenure;
1. Shall not hold any other office or employment;
2. Shall not engage in the practice of any profession or in the active
management or control of any business which in any way may be affected by the
function of his office.
3. Shall not be financially interested, directly or indirectly, in any contract with
or in any franchise or privilege granted by the Government, or any of its subdivisions,
etc.; and
4. Shall not be qualified to run for any office in the election immediately
succeeding their cessation from office.
 a) Functions
1. Investigate and prosecute illegal, unjust, improper or inefficient acts of
public officers or employees
 Includes the power to place under preventive suspension public officers
and employees pending investigation. (cabalit v. COA Region VII. G.R. No. 180325.
January 17, 2012)
 The Ombudsman can no longer institute an administrative case against an
erring public office if the latter was not a public servant at the time the case was filled
because he was forced to resign. However, if the act committed by the public official is
indeed inimical to the interest of the State, other legal mechanisms are available to
redress the same. Nonetheless, he can still be prosecuted under an administrative
complaint despite his resignation if he did so either to prevent the continuation of a
case of a case already filed an to preempt the imminent filing of one. (Office of the
Ombudsman vs.Uldarico P. Andutan, Jr., G.R. No. 164679. July 27, 2011)
2. Direct any officer or employee of the government to perform and expedite
any act or impropriety in the performance of the duties;
3. Direct the office concerned to take appropriate action against a public
officer or employee at fault or who neglect to perform an act or discharge a duty
required by law, and recommend his removal, suspension, demotion, fine, censure, or
prosecution, and ensure complaint therewith.
 It is settled that the Office of the Ombudsman can directly impose
administrative sanction. (Cabalit v. COA-Region VII. G.R. No. 180326. January 17,
2012).
4. Direct the officer concerned, in any appropriate case, to furnish it with copies
of documents relating to contracts or transactions entered into by his office
involving the disbursement or use of public funds or properties, and report any
irregularity to the Commission on Audit for appropriate action.

5. Request any government agency for assistance and information necessary in

the discharge of its responsibilities, and to examine, if necessary pertinent
records and documents;

6. Publicize matters covered by its investigations;

7. Determine the causes of inefficiency, red tape, mismanagement, fraud, and

corruption in the Government, and make recommendations for their elimination
and the observance of high standards of ethics and efficiency;

8. Administer oaths, issue subpoena duces tecum and take testimony in any
investigation or inquiry, including the power to examine and have access to
bank accounts and records.
9. Punish the contempt;

10. Power the delegate duties to deputies, investigations or representatives;

11. Investigate and initiate the proper action for the recovery of ill-gotten
and\or unexplained wealth amassed after February 25, 1986 and the
prosecution of the parties involved therein.(Sec.15,RA 6770.Ombudsman Act)

As a quaranty of its independence, the Ombudsman has the power to appoint

all officials and employees in his office, except his deputies. This power
necessarily includes the power of setting, prescribing, and administering the
standard for the officials and personal of the Office (Office of the Ombudsman v.
CSR, G.R No. 162215, July 30, 2007)

b.) Judicial Review in Administrative proceedings

 The court of appeals has jurisdiction over orders, directives and

decisions of the of the Ombudsman in administrative disciplinary
causes only, it cannot, therefore, review the orders, directives or
decisions of the office of Ombudsman in criminal or non-
administrative cases. (Office of Ombudsman v. Heirs of Vda. De Ventura
G.R No. 151800, November 5, 2009)
 Appeals from decisions of the Office of the Ombudsman in
administrative disciplinary cases should be taken to the Court of Appeals
under Rule 43 of the 1997 Rules of Civil Procedure. It bears stressing
that when Section 27 of republic Act No. 6770 was declared as
unconditional, the provision is involved only whenever an appeal by
certiorari under rule 65 is restored to as remedy for judicial review, such
as from an incident in a criminal action.

(Kuizon V. Desierto, G.R Nos. 140C-24: march 9, 2001)

c. Judicial Review in Penal Proceedings

 The Court of Appeals has jurisdiction over orders, directives and
decisions of the Ombudsman in administrative disciplinary cases
only. It cannot, therefore, review the orders, directives or decisions
of the Office of the ombudsman in criminal or non-administrative
cases. (Office of the Ombudsman v. Heirs of Vda. De Ventura, G. R.
No. 151800, November 5, 2009).
 Appeals from decisions of the Office of the Ombudsman in
administrative disciplinary cases should be taken to the Court of
Appeals under Rule 43 of the 1997 Rules of Civil Procedure. It bears
stressing that when Section 27 of Republic Act No.6770 declared as
unconstitutional, the provisions is involved only whenever an appeal
by certiorari under Rule 45 is taken from a decision in an
administrative disciplinary action for certiorari under Rule 65 is
restored to as a remedy for judicial review, such as from an
incident in a criminal action. ( Kuizion v. Desierto, G.R. Nos.
140C19-24, March 9, 2001)

 The remedy aggrieved parties from resolutions of the Office of

the Ombudsman finding probable cause, or lack thereof, in
criminal cases or non- administrative casas, when tainted with
grave abuse is discretion, is tom file an original action for
certiorari with the Supreme Court and not with the Court of
Appeals. (Estrada v. Desierto, G.R. No. 156160, December 9,
2004)

3. SANDIGANBAYAN

 Composition (according to PD 1606

 A Presiding Justice and 14 Associate Justices with the rank
of Justice of the CA.
 Sits in 5 divisions of 3 member each.
 Decision and Review
  Unanimous vote of all 3 member shall be required for the
pronouncement of judgment by a division. Decision shall
be reviewed by the SC on petition for certiorari
 Jurisdiction
1. Original Jurisdiction
 Violations of R.A. 3019 (AGCPA) as amended; R.A 1379;
and Chapter II, Sec 2, Title Vil, Book II of the Revised
Penal Code where one or more of the accused are officials
occupying the following positions in the government ,
whether in a permanent, acting or in term capacity at the
time of the commission of the offense :
a. Officials of the executive branch with the position of
Regional Director or higher, or with Salary Grade
Level 27(G27) according to R.A 6758.
b. Members of Congress and officials thereof with G27
and up;
c. Members of Judiciary without prejudice to the
constitution;
d. Chairmen and members of the Constitutional
Commissions without prejudice to the Constitution;
and
e. All other national and local officials with G27 or
higher;
 Other offenses or felonies whether simple or completed with
other crimes committed by the public officials and employees
mentioned in Subsection a in relation to their office;
 Civil and criminal cases filed pursuant to and in connection with
E.O nos. 1, 2 14 and 14 – A, issued in 1986.
2. Exclusive Original Jurisdiction over patitions for the issuance of
the writs or mandamus , prohibitions, certiorari ,habeas corpus ,
injunction and other ancillary writs and processes in aid of its
appellate jurisdiction; Provided, that jurisdiction over final
 judgement, resolutions or orders of regional trial courts whether
in the exercise of their own original jurisdiction or of their
appellate jurisdiction (R.A 8249, Act Further Defining Jurisdiction
of Sandiganbayan)

4. ILL-GOTTEN WEALTH

 The right of the State to recover properties unlawfully acquired by public

officials or employee, from them or from their nominees or transferees,
shall not be barred by prescription, laches or estoppel (Sec 15, Art. XI)
 Applies only to civil actions and not to criminal cases (
Presidential Ad Hoc Fact-Finding Committee on Behest
Loans v. Desierto, G.R No. 130140, October 25, 1999)

N. TERM LIMITS

 Upon the expiration of the officer’s term, unless he is authorized by law

to hold over, his rights, duties and authority as a public officer must ipso
facto cease. “Term” when used in reference to the tenure of office,
means ordinarily; a fixed and definite time prescribed by law or the
Constitution by which an officer may hold an office. It does not apply to
appointive offices held at the pleasure of the appointing power. (De
Leon and DE Leon Jr. The law on public Officers and Election law, 2008)
 Where the term is fixed by the constitution- The term is beyond the
power of the Congress to affect the tenure of such constitutional office.
It may not abridge or extend time therefore.
 Where the term is not fixed by the Constitution- Congress may fix the
terms of officers other than those provided for in the Constitution; it may
limit the duration of the term of an office in any way it deems fit. It has
been declared however, that where the terms are prescribed by law,
public policy forbids that the beginning and expiration of terms of
officers be left to the discretion of the person holding the office, or of the
body having the appointing power.