KIMBERLY B.

NACION ARELLANO UNIVERSITY SCHOOL OF LAW

CHAPTER 4
OBJECTIVES
The Civil Service
 ART 11 SEC. 1 - “Public office is a public trust. Public officers and
The CONSTITUTION provides for a Civil Service which “embraces all employees must at all time be accountable to the people, serve them
branches, subdivisions, instrumentalities, and agencies of the Government, with utmost responsibility, integrity, loyalty, and efficiency, act with
including government-owned and controlled corporations with original patriotism and jjustice, and lead modest lives”.
charters.” Art. 9-B Sec. 2(1)  ART 9B SEC. 3 - Establish a career service and adopt measures to
promote morale, efficiency, integrity, responsiveness,
GOCCs – organized under special law = Civil Service progressiveness and courtesy in the civil service
– organized under Corporation Code =Labor Code  ART 9B SEC. 3- Strengthen the merit and rewards system, integrate
all human resources and development programs for all levels and
The members of the Civil Service are regulated under Article IX-B of the ranks, and institutionalize a management climate conducive to public
Constitution, the Civil Service Decree, the Administrative Code of 1987 accountability.
and the pertinent principles under the law of public officers.
CSL are designed to eradicate the system of appointment based
THE CIVIL SERVICE COMMISSION on political considerations, To eliminate the element of partisanship, and
personal favoritism in making appointments.
It is the government’s central personnel agency designated to set
standards and to enforce the laws and rules governing the selection, Appointments in the civil service made only through merit and
utilization,training and discipline of civil servants. fitness to be determined by competitive examinations.

The Commission is composed of a (1) Chairman and two (2) SCOPE

Commissioners, complying with the following requirements:
 Natural-born citizens of the Philippines Art. 9-B Sec. 2(1) “the civil service which “embraces all branches,
 At least 35 years of age subdivisions, instrumentalities, and agencies of the Government, including
 With proven capacity for public administration government-owned and controlled corporations with original charters.”
 Must not have been candidates for any elective position in the
elections immediately preceding their appointment GOCC with orig charters and special charters
Does not include GOCCs without orig charters and organized as
APPOINTMENT: Appointed by the President with the consent of the subsidiaries of GOCCs under the general corporation law.
Commission on Appointments (COA) for a
TERM: of (7)seven years without reappointment. NAWASA, NIA, DOT, BSP- Governed by CSL
REMOVAL: May be removed only by impeachment. MIAA- Government instrumentality (Not GOCC)
UP- Government instrumentality (Not GOCC)
Trade and Investiment Development Corporation of the Philippines Vs. PNRC- NOT a GOCC (the sui generis character pf pnrc requires us to
CSC approach controversies involving the PNRC on a case-to-case basis.
- All GOCCs should follow the civil service laws on
appointments,regardless of their statutory exemption from said civil CSC has jd over the PNRC bacause the issue at hand is enforcement of
service rules. labor laws and penal sattutes, thus, in this particular matter, the PNRC
- Rule-making authority of the CSC does not entitle it to “alter, modify, or can be treated as a GOCC and as such, it is within the ambit or Rule 1,
contravene the express mandate” of an executive order. Sec 1 of the Implementing Rules of RA 6713.
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
GOCC MAY BE CREATED BY SPECIAL CHARTERS ON TWO (1) Open Career positions for appointment to which prior qualification in
CONDITIONS: an appropriate examination is required (Provincial administrator)
1. the GOCC must be established for the common good. (2) Closed Career positions which are scientific or highly technical in
2. the GOCC must meet the test of Ieconomic viability. nature (faculty and academic staffs of state colleges and uni and Sci Tech
position)
GOCCS vested with corporate powers and performing governmental (3) Positions in the Career Executive Service (USEC, ASEC, BD, ABD, RD,
functions need not meet the test of economic viability. ARD, Chief of Dept. Service and other officers of equivalent rank)
(4) Career officers, other than those in the Career Executive Service, who
HIDALGO VS. REPUBLIC are appointed by the President, such as the Foreign Service Officers in the
-Won the employees pf the AFP and Exchange Services, which was Department of Foreign Affairs
organized pursuant to Letter of InstructioN of the President were subject (5) Commissioned officers and enlisted men of the Armed Forces which
to the jurisdiction of the CSC? YES. Since it cannot be denied that shall maintain a separate merit system
petitioners are govt. employees, the proper body that has jd to hear the (6) Personnel of GOCCs, whether performing governmental or proprietary
case is CSC. functions, who do not fall under the non career service
(7) Permanent laborers, whether skilled, semi-skilled, or unskilled
LRTA VS PILI
- SC upheld the jd of NLRC over the petitioner with respect to money IGNACIO VS CSC- SOT in the CESO pertains only to rank not to the
claims filed against it by the employees of a private corporation not office.
because of the existence of ee-er relationship but because LRTA clearly CESO may be transferred or reassigned from 1 position to another w/o
assumed voluntarily the monetary obligations of Metro to its employees. losing his rank w/c follows him wherever he is transferred or reassigned.
-NLRC has no jd over ILLEGAL DISMISSAL cases. CESO suffers no diminution of salary even if assigned to a CES Position
w/ lower salary grade as the compensation is based to CES rank not of
CSC does not have disciplinary authority over judges and personnel of office.
lower courts, which pertains to the SC, pursuant to the provisions of Art.8,
Sec 6 of the Constitution. POSITION TO BE CONSIDERED CES:
1. The position is among those enumerated under Book 5, Title 1, Subtitle
CSC+Mayor- has disciplinary jd over a clerk of court of the Shari’a Circuit
A, Chap. 2, Sec 7(3) of the Admin Code or a position of equal ranks (CESB)
Court in the exercise of his functions as a civil registrar.
2. The holder of the position is a presidential appointee.
POSITIONS in the CIVIL SERVICE are classified into:
TO ATTAIN SECURITY OF TENURE (CES)
1. CAREER SERVICE
1. CES eligibility; and 2. Appointment tp the appropriate CES rank
2. NON-CAREER SERVICE
NON-CAREER SERVICE
CAREER SERVICE
Characteristics
Characteristics
(1) Entrance based on merit and fitness to be determined as far as
(1) Entrance on bases other than those of usual tests of merit and fitness
practicable by competitive examinations or based on highly
utilized for the career service
technical qualifications;
(2) Tenure which is limited to a period specified by law, or which is co-
(2) Opportunity for advancement to higher career positions
terminous with that of the appointing authority or subject to his pleasure,
(3) Security of tenure
or which is limited to the duration of a particular project for which purpose
of employment was made.
Scope
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
Temporary appointment is given to a non-civil service eligible without a
Scope (NCS includes:) definite tenure and is dependent upon the pleasure of the appointing
(1) Elective officials and their personal or confidential staff power.
(2) Department Heads and other officials of Cabinet rank who hold The purpose of an Acting or Temporary Appointments is to
positions at the pleasure of the President and their personal or prevent a hiatus in the discharge of official functions by authorizing a
confidential staff(s) person to discharge the same pending the selection of a permanent or
(3) Chairman and members of commissions and boards with fixed another appointee.
terms of office and their personal or confidential staff
(4) Contractual personnel or those whose employment in the
government is in accordance with a special contract to undertake
a specific work or job
(5) Emergency and seasonal personnel.

ELIGIBILITY
- Subject to the constitutional exceptions, appointees to the career
service must possess the requisite eligibility to be established at
appropriate examinations given by the Civil Service Commission and the
different agencies.
- The board and bar examinations are considered civil service
examinations for the purposes of appointment to positions in the career
service involving knowledge of the respective professions.
- Appropriate civil service eligibility is also granted to summa cum
laude, magna cum laude and cum laude graduates of four-year degree
courses under certain conditions.
ELIGIBLE- refers to a person who obtains a passing grade in a cse or is -Assistant Schools Division Superintendent belongs to the Career
granted cs eligibility and whose name is registered in the register if Executive Service and must be CES eligible.
eligibles.
CSE is required to 1st and 2nd levels in the Career Service. - CSC is not empowered to determine the kind of nature of the
NON-ELIGIBLE shall not be appointed to any position in the civil service. appointment extended by the appointing power, its authority being limited
to approving or reviewing the appointment in the light of the requirements
APPOINTMENTS of the Civil Service Law.
Appointments in the civil service shall be made only according to merit CHUA VS CSC- a coterminous employee us a non civil servant, like
and fitness to be determined by competitive examination. These may be casual and emergency employees.
either permanent or temporary.
- The law permits the appointment of non-ces eligibles to CES positions in
Provisional appointment is issued to a person who has not qualified in an the govt. in the absence of appropriate eligibles and when there is
appropriate examination but who otherwise meets the requirements for necessity in the interest of public service to fill vacancies in the
appointment to a regular position in the competitive service, whenever a government.
vacancy occurs and the filling thereof is necessary in the interest of the
service and there in not appropriate register of eligible at the time of Under the Revused Admin Code, a government officer or employee may
appointment. be removed only from the service on 2 grounds;
1. Unsatisfactory conduct; and
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
2. want of capacity PROXIMITY RULE- a position is considered to be primarily confidential
Probationary employees may be removed by just cause + UC and WC when there is a primarily close intimacy between the appointing authority
and the appointee, which ensures the highest degree of trust and
MATIBAG VS BENIPAYO-Ad interim appointment is a permanent unfettered communication and discussion on the most confidential of
appointment because it takes effect immediately and can no ;onger be matters.
withdrawn by the Pres once the appointee has qualified into office. PCP- must not be routinary, ordinary and day-day in character. (Driver)
HTP- requires the appointee thereto to possess technical skill or training
in the supreme or superior degree. (Scientist, Economist)

PROMOTION- movement from one position to another with increase in

duties and responsibiloities as authorized by law and usually
accompanied by an increase in pay.
The movement may be from 1 dept or agency to another, or from 1
organizational unit to another in the same dept or agency.

INDESPENSA ELEMENT FOR THERE TO BE A PROMOTION IS THAT;

-There must be an advancement from one position to another or an
upward vertical movement of the employee’s rabk or position.

 Increase in salary should only be considered incidental but not

determinative of promotion.
 Generally made according to a merit promotion plan and a
performance evaluation system established and implemented by each
EXCEPTIONS department or agency.
Exceptions from the requirement for competitive examinations
(a) Policy-determining position Next in rank rule- the person next in rank shall be given preference in the
-One charged with the laying down of principal or promotion when the position immediately above his is vacated; if not
fundamental guidelines or rules, such as that of a department appointed, the appointing authority must specify the ‘special reason or
head reasons’ for not appointing the officer next-in-rank. (NOT MANDATORY,
(b) Primarily confidential position not a GUARANTEE)
-Denotes close intimacy which ensures freedom of  A qualified next-in-rank employee who is not satisfied with the
intercourse without embarrassment or freedom from written reasons given by the appointing authority for his by-passing
misgivings or betrayals of personal trust or confidential may appeal, initially to the department head
matters of state; term lasts as long as confidence in them Junior jumps over his senior= by-passed (need special reasons)
endures Vacancy is filled not by promotion, but by transer= Not by-passed
ex. Private Secretaries; Those tasked to provide personal security to
certain PO; Corporate Secretary; Chief Legal Counsel of PNB; Private PH TELEGRAPH AND TELEPHONE CORP. V. COURT OF APPEALS-
Attorney An employee cannot be promoted, even if merely as a result of a transfer,
(c) Highly technical position without his CONSENT. A transfer that results in promotion or demotion,
-Requires the appointee to possess technical skill or advancement or reduction or a transfer that aims to ‘lure the employee
training in the supreme or superior degree away from his permanent position’ cannot be done wothout the
employee’s consent.
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
- Any movememt from the non-career service to the career service
NEPOTISM ( ART. 7, SEC 13 par 2) is not considered a transfer.
 Nepotism, or favouritism toward relatives by the appointing - The unconsented transfer amounts to removal.
authority, is prohibited. The prohibition covers all appointments even - A transfer that aims by indirect method to terminate servoces or to
designations. force resignation CONSTITUTES REMOVAL.
 The relations covered by the prohibition extend to the third degree - An employee cannot be transferred unless for causes provided for
of consanguinity or affinity by law and after due process.
 As provided in the Constitution, the spouse and relatives by - It has been ruled that an illegal transfer is tantamount to a removal
consanguinity or affinity within the fourth civil degree of the President without cause, except when an officer is appointed “at large”, in which
shall not during his tenure be appointed as Members of the case he may be assigned or transferred to any station, as he is not
Constitutional Commissions, or to the Office of the Ombudsman, or entitled to stay permanently at any specific station.
as Secretaries, Undersecretaries, chairmen or heads of bureaus or -Temporary transfer or assignment of personnel is permissible even
offices, including GOCCs and their subsidiaries without the employee’s prior consent, it cannot be done when the transfer
is a preliminary step towards his removal, or a scheme to lure him away
Exceptions to the Nepotism rule: from his permanent position, or when it is designed to indorectly terminate
(a) Persons employed in a confidential capacity his servoce, or force his resignation.
(b) Teachers CONSTRUCTIVE DISMISSAL- when an employee wuits his work because
(c) Physicians of the agency head’s unreasonable, humiliating, or demeaning actuations,
(d) Members of the Armed Forces of the Philippines Charges of nepotism which render continued work impossible.
must be duly proved REYES VS. CA- SC considered a transfer fro, the Office of the City
In each of these particular instances, a FULL REPORT of the appointment Treasurer to the Office of the Citty Assessor as violative of Sec. 26(h) of
is required to be made to the CSC. CHARGES OF NEP. MUST BE DULY the Omnibus Elec. Code, which prohibits “any transfer or detail whatever
PROVED. of any officer or employee in the civil service including public school
CSC VS CORTES- Cortes’ appointment as IOV in the CHR by the teachers, within the election period EXCEPT upon prior approval of the
Commission En Banc, where his father is a member, is covered by the Commission.”
prohibition.
Reinstatement
OTHER PERSONNEL ACTIONS Any person who has been permanently appointed, and NOT
Any action denoting the movement or progress of personnel in the civil MERELY DESIGNATED, to a position in the career service and who has,
service, including appointment through certification, promotion, transfer, through no delinquency or misconduct, been separated therefrom, may be
reinstatement, reemployment, detail, reassignment, demotion and reinstated to a position in the same level for which he is qualified.
separation, shall be known as personnel action.
Certification MONSANTO VS FACTORAN- a civil servant who had been separated
An appointment through certification to a position in the civil from the service by reason of her conviction of a crime which carried with
service is issued to a person who has been selected from a list of qualified it the penalty of absolute disqualification from office but was later
persons certified by the Commission from an appropriate register of pardoned does not, by reason of said pardon, become automatically
eligibles, and who meets all the other requirements of the position. entitled to reinstatement.
Transfer SABELLO VS DECS- a pardoned elem school principal is, after her
A transfer is a movement, requiring prior appointment, from one pardon, entitled to reinstatement for considerations of “justice and equity”
position to another which is of equivalent rank, level or salary without GARCIA VS COA- Executive clemency, ipso facto restored to his office.
break in service involving the issuance of an appointment (appealable to
the Commission if the employee believe no justification on the transfer)
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
Reemployment awards system, and such other plans for employees’ health, welfare,
Names of persons who have been appointed permanently to counselling, recreation and similar services
positions in the career service and who have been separated as a result of Employees shall have the right to present their complaints or
reduction in force and/ or reorganization, shall be entered in a list from grievances to management and have them adjudicated as expeditiously
which selection for reemployment shall be made. (APPLIES IN as possible in the best interest of the agency, the government as a whole,
APPOINTMENT AND DESIGNATION) and the employee concerned

Detail DISCIPLINE
The movement of an employee from one agency to another Officers and employees in the Civil Service, including those appointed
without the issuance of an appointment and shall be allowed, ONLY FOR to policy-determining, primarily confidential and highly technical positions,
A LIMITED PERIOD in the case of employees occupying professional, enjoy security of tenure and may not be suspended or dismissed except
technical and scientific positions (appealable to the Commission and for cause as provided by law. They may, however, be disciplined if they
executory, unless otherwise ordered, pending appeal) (TEMPORARY IN violate their public trust and fail to serve with utmost responsibility,
NATURE REP. VS CA) integrity, loyalty, and efficiency and act with patriotism and justice, and
lead modest lives.
Reassignment
An employee may be reassigned from one organizational unit to I GROUNDS
another in the SAME AGENCY, provided that such reassignment shall not The following shall be grounds for disciplinary action:
involve a reduction in rank, status or salary. 1. Dishonesty- intentionally making a false statement in any material fact
- Reassignment with no definite period and reduction in rank 2. Neglect of duty- disregard of a duty resulting from carelessness or
violates security of tenure. indifference, as in mere delay in the performance of one’s functions.
- A reassignment is tantamount to a floating assignment that results 3. Misconduct- wrongful, improper or unlawful conduct motivsated by a
in a diminution of rank. premeditated intentional purpose
NOTE: *NO detail or reassignment whatever shall be made within 3 4. Disgraceful and immoral conduct- shameful and forbidden acts
months before any elective position. 5. Incompetence in the performance of duty- lack of adequate ability and
* The reassignment of an employee with a station-specific place of work fitness for the satisfactory performance of pfficial duties by reason of the
indicated in their respective appointments us allowed PROVIDED that it officer’s vices pr vicious habits.
would NOT EXCEED a maximum period of 1 year. 6. Gross negligence- omission pf that care which even inattentive and
- With Consent- no limit in period thoughtless men never fail to take on their own property.
-Without Consent- not exceed 1 yr
II JURISDICTION
Demotion 1. The Secretaries and heads of agencies and instrumentalities,
The movement from one position to another involving the issuance provinces, cities and municipalities shall have jurisdiction to investigate
of an appointment with diminution in duties, responsibilities, status or rank and decide matters involving disciplinary action against officers and
which may or may not involve reduction in salary. (tantamount to removal, employees under their jurisdiction. Their decision shall be final in case the
if done without just cause) (dropping from the rolls and secondment) penalty imposed is suspension for not more than 30 days or fine in an
amount not exceeding 30 days’ salary.
PERSONNEL DEVELOPMENT 2. In case the decision rendered by a bureau or office head is
To improve the attitude and competence of the civil service, each appealable to the Commission, the same may be initially appealed to the
department or agency is required to develop a career and personnel department and finally to the Commission and pending appeal, the same
development plan which shall contain provisions for merit promotion, shall be executor EXCEPT, when the penalty is removal, in which case the
performance evaluation, in-service training, job rotation, suggestions and
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
same shall be executory only after confirmation by the Secretary -In sexual harassment cases, the complaint shall be filed with the
concerned. Committee on Decorum and Investigation (CODI). If filed in CSC, the same
3. The Commission shall decide upon appeal all administrative shall be remnded to the agency where the alleged offender is employed.
disciplinary cases involving the imposition of a penalty of suspension for
more than 30 days, or fine in an amount exceeding 30 days’ salary, CSC VS CA “ a complaint against a state uni official may be filed with
demotion in rank or salary transfer, removal or dismissal from office. either the university’s Board of Regents or directly with the CSC.
4. A complaint may be filed directly with the Commission by a private
citizen against a govt official or employee in which case it may hear and CSC VS ALFONSO- filing a case directly to the CSC and CSC has
decide the case or it may deputize any department, agency, official, or assumed the jurisdiction over the complaint, its exercise of jd shall be to
group of officials to conduct the investigation. The result of the exclude others.
investigation shall be submitted to the CSC with reco as to the penalty to
be imposed or action to be taken III. PROCEDURE
5. Disciplinary cases and cases involving “personnel actions” affecting
employees in the civil service are within the exclusive jurisdiction of the General rule: A complaint against a civil service official or employee shall
Civil Service Commission, which is the sole arbiter of controversies not be given due course unless it is in writing and subscribed and sworn
relating to the civil service. to by the complainant.
- Executive Order No. 151, or the Presidential Commission Against Exceptions:
Graft and Corruption, exercises jurisdiction to investigate all administrative  In cases initiated by the proper disciplining authority, the complaint
complaints involving graft and corruption filed in any form or manner need not be under oath.
against presidential appointees in the executive department of the  An anonymous complaint shall be entertained only when there is
government, including those in GOCCs. Such jurisdiction extends to non- obvious truth or merit to the allegations therein or supported by
presidential appointees who may have acted in conspiracy or who may documentary or direct evidence.
have been involved with a presidential appointee.
- The Sandiganbayan has exclusive original jurisdiction over pres, 1. Filing of the complaint (Formal charge or Notice of Charge)
directors or trustees, or managers of GOCCs, without any distinction with
respect to the manner of their creation, whenever charges of graft and 2. Filing of Counter-Affidavit/ Comment of the respondent under oath
corruption are involved. within 3 days from receipt
- RA No. 4670, otherwise known as the Magna Carta for Public School
Teachers, covers and governs administrative proceedings involving public 3. Preliminary investigation to determine whether or not a prima facie
school teachers. case exists to warrant the issuance of a formal charge
 Includes ex parte examination of records and documents, and
NOTE: CSC has no administrative jurisdiction against a judicial employee
opportunity for the parties to submit affidavits and counter affidavits
involving acts of dishonesty as a teacher, committed prior to her
appointment to the judiciary. SC’ exclusive admin supervision over all  Failure of the respondent to submit his counter-affidavit is
judicial personnels. tantamount to a waiver of said right
- Presidential appointee came under the disciplinary jd of the Pres  A conference may be held by the investigator to propound
in line with the principle that “the power to remove is inherent in the power clarificatory and other relevant questions
to appoint”  Investigation shall commence within 5 days from receipt of the
- Disciplinary cases involving members of the Career Executive complaint by the disciplining authority and shall be terminated within
Service are subject to special rules to be filed in the OP and not in CSC 30 days thereafter
- Non-presidential appointees whi may have acted in conspiracy  Investigation report is required to be submitted within 5 days from
with pres. Appointees, may be investigated by the PAGC. such termination
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
9. A decision rendered by heads of agencies providing for a penalty of
4. Formal charge shall be issued if a prima facie case is established suspension of not more than 30 days or a fine in an amount not exceeding
during preliminary investigation 30 days’ salary shall be final and executor
 If the fine imposed is suspension for more than 30 days or a fine in
 In the absence of prima facie case, the complaint shall be an amount exceeding 30 days’ salary, it shall be final and excutory
dismissed only after the lapse of the 15-day period for the filing of a motion for
 A complainant may elevate the decision dismissing a complaint for reconsideration or appeal
lack of prima facie case before the Commission  Only one motion for reconsideration shall be allowed, and only on
 Proper through a petition for review within 15 days from receipt of any of the following grounds:
said decision (a) Discovery of new evidence which materially affects the decision
 Includes the specification of the charge(s), statement of material rendered
facts, and copies of documentary evidence (b) Decision is not supported by the evidence on record
 Failure to submit an answer within 5 days from receipt of formal (c) Errors of law
charge shall be considered a waiver of right to do so
NOTE: Withdrawal of he complaint does not result in its outright dismissal
5. An order of preventive suspension may be issued upon service nor discharge the person from any administrative liability.
of the formal charge Needs prior conduct of preliminary investigation, otherwise null and void.
 Such order may be issued if the charge involves (1) dishonesty, (2)
oppression, (3) grave misconduct, (4) neglect in the performance of IV. Preventive Suspension
duty, or (5) if there are reasons to believe that the respondent s guilty Preventive suspension is not a penalty in itself.
of the charges which would warrant his removal from the service
 In lieu of preventive suspension, respondent may be reassigned to Two kinds of preventive suspension of civil service employees:
other units of the agency during formal hearings 1. Preventive suspension pending investigation- to prevent intimidating
witness
6. Formal investigation shall be held not earlier than 5 days nor later than 2. Preventive suspension pending appeal
10 days from receipt of respondent’s answer. An order of preventive suspension need not be preceded by a prior
 It shall be finished within 30 days from the issuance of the Formal notice and hearing since it is merely a preliminary step in an administrative
charge or the receipt of the answer investigation and it is not the final determination of guilt.
 The period may be extended by the disciplining authority in When the case against an officer or employee under preventive
meritorious cases suspension has not been finally decided within the period of 90 days,
unless otherwise provided by special law, he shall be automatically
7. Pre-hearing conference may be conducted for the purpose of, reinstated in the service.
among others, providing for a stipulation of facts and the simplification of  If the delay was due to the fault of the respondent, this should not be
issues included in the counting of the 90 calendar days
 Maternity/ paternity leave is considered as interruption in the
8. Continuous hearings shall be held on dates agreed upon during the counting of the 90 calendar days
preliminary conference  Under the Local Government Code, the preventive suspension of a
 If there was no preliminary conference, parties shall be given local elective official shall not extend beyond 60 days, provided that it
notice of at least 5 days before the first scheduled hearing shall not extend beyond 90 days in the event that several
 Only 3 written motions for postponements shall be allowed, and a administrative cases are filed against him
fourth motion may be granted subject to the discretion of the  The respondent may move for the reconsideration of the order of
disciplining authority preventive suspension against him.
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
pending appeal of his dismissal.
MISFEASANCE- Negligence, the failure to use, in the performance of a
duty owing to the individual, that degree of care, skill and diligence RIGHT TO SELF-ORGANIZATION
demanded.
All government employees, including those in GOCCs, except
MALFEASANCE- is the doing either through ignorance, inattention or members of the AFP, police officers, policemen, firemen and jail guards,
malice, of that which the officer acts without or abuse of authority. can form, join or assist employees’ organizations of their own choosing for
the furtherance and protection of their interests.
NONFEASANCE- neglect or refusal to do, without sufficient excuse, to
perform an act which it was the officer’s legal duty to the individual to High level employees whose functions are not normally
perform. considered as policy-making or managerial or whose duties are of a highly
confidential nature shall not be eligible to join the organization of rank-
V. Decision and-file government employees.
If the charges are not proved by a preponderance of evidence, the case
shall be dismissed and the respondent reinstated with back salaries and Government employees’ organizations shall register with the
benefits if preventively suspended. Commission and the DOLE which, with the support of the majority of the
In the determination of the penalties to be imposed, the extenuating, employees in their respective organizational units, shall be entitled to be
mitigating, aggravating or alternative circumstances may be considered. designated as the sole and exclusive representatives of the employees.
An appeal shall not stop the decision from being executory, and in case
the penalty is suspension or removal, the respondent shall be considered Although civil servants are now given the right to organize, they
as having been under preventive suspension during the pendency of the may, however, not stage strikes.
appeal in the event he wins the appeal.
Being found liable for a lesser offense is not equivalent to exoneration. CHAPTER 5
Likewise, an employee cannot be found administratively liable for acts not Authority of the Public Officer
alleged in the formal charges.
The AUTHORITY OF THE PUBLIC OFFICER is derived from the people
VI. Appeal themselves conformably to the constitutional principle that “the
An appeal sent by mail shall be deemed filed on the date shown by the Philippines is a republican state. Sovereignty resides in the people and all
postmark on the envelope which shall be attached to the records of the government authority emanates from them.” This authority is conferred
case and, in case of personal delivery, the date stamped thereon by the upon him either by the Constitution itself or by statute.
proper office.
The Commission has the standing to appeal a decision which adversely WHERE EXERCISED
affects the civil service.
The public officer may exercise his powers only within the territorial limits
Decisions, order or rulings of the Commission may be brought to of his authority and that any act performed outside that area will be null
the Supreme Court on certiorari by the aggrieved party within 30 days
and void.
from receipt of a copy thereof. The remedy of an aggrieved party from a - A judge cannot act outside his judicial district. XPN: Warrant of arrest
resolution issued by the Civil Service Commission is to file a petition for - Mayor transacting business on behalf of his municipality remained as
review under Rule 43 of the Rules of Court within 15 days from notice of Mayor
the resolution. - Cabinet members may assert authority anywhere in PH
Having appellate jurisdiction over decisions of the Commission, - Pres. Reains his status even if he is outside the country
the Court of Appeals has the discretion to issue an ancillary writ of
WHEN EXERCISED
preliminary injunction to secure the rights of the respondent
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
The public officer may exercise his authority only during his term or As long as the public officer is authorized and even if not, provided he
office. Hence, any act performed by him after such term will be is a de facto officer, his acts will be regarded as valid. Such acts will
considered invalid, except where he may be regarded as a de facto officer. produce legal effect and be considered binding upon the government
An appointment made by the President to fill an anticipated vacancy itself as the principal of the public officer.
occurring after his term will be invalid even if the appointment itself was Even if not previously authorized, the act may still be considered valid if
made during his term. it is subsequently ratified by the government. Only voidable acts, and not
As a matter of emergency in order not to disrupt public service, ad interim absolutely invalid acts, may be ratified.
appointment is permitted. Where the act was not authorized, it is the exclusive responsibility of
Where an officer is authorized to hold over, his acts continue to the public officer who committed it.
be valid until his successor is duly chosen and subsequently qualifies.
Such an officer is regarded as de jure and all his acts have the same legal FESTEJO VS FERNANDO - Bureau Director appropriated a lot and
efficacy as of those performed by him before the expiration of his fixed converted it to public use without paying the owner just compensation.
term. SC held that the suit was not filed against the state but against him in his
private capacity for his unauthorized act
HOW EXERCISED
Representative government is a government of limited powers. Any KINDS OF DUTIES
doubt on this matter shall be resolved in favour of the public and against 1. Discretionary (general action)
the exercise of the authority claimed. The duty is discretionary if the officer is allowed to determine how and
when it is to be performed and to decide this matter one way or the other
DAVID VS ARROYO- Pres Arroyo’s Proclamation, which authorize her to and be right either way.
issue decrees has no authority to do so case “ leg power is peculiarly The officer is allowed much leeway in arriving at a decision as the duty
within the province of the Legislature” (Unconstitutional) is conferred on him in recognition of his good sense or judgment.
The doctrine of necessary implication provides that all powers An officer to whom a discretion is entrusted cannot delegate it to
necessary to the exercise of the power expressly granted are deemed another, the presumption being that he was chosen because he was
impliedly granted. Where a general power is conferred orduly enjoined, deemed fit and competent to exercise that judgment and discretion, and
every particular power necessary for the exercise of the one or the unless the power to
performance of the other is also conferred. substitute another in his place has been given to him, he cannot delegate
ANGARA VS ELECTORAL COMMISSION- The power of the EC his duties to another.
to hear and decide election cases carries with it the implied power to If he has been given the discretion to act or not to act upon a certain
adopt rules of [rocedure to be observed in the conduct of these cases. matter, his decision not to act cannot be the subject of a judicial reversal.
The claim of power may also be justified on the ground that the power Discretion is not totally unlimited. It is restricted by the very qualities
is inherent. An example is the police power, which may be asserted by the that justified its conferment4the judgment and good sense of the delegate.
national legislature despite the absence of constitutional vesture. If these are not employed in the discharge of the duty, or if the duty was
An administrative officer has only such powers as are expressly performed arbitrarily or capriciously, or with disregard of rights, there
granted to him and those necessarily implied in the exercise thereof. results what is known as a grave abuse of discretion, which may be
These powers should not be extended by implication beyond what may corrected in appropriate judicial proceedings.
be necessary for their just and reasonable execution. EX. It is discretionary on the President to grant or withold a pardon; and
Under the Doctrine of Qualified POlitical Agency, DEPT SECS may he decides to extent it, he also has the descretion to make it absolute or
exercise powers delegated to them by the Pres subject to his power of conditional.
control. The legislature may or may not regulate cigarette smoking; method of
regulation is also discretionary upon it.
EFFECT OF EXERCISE
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
2. Ministerial (specific action) indirectly, be interested financially in any contract with, or in any franchise
The duty is ministerial when the officer is given little latitude in its or special privilege granted by the Government, or any subdivision,
discharge, prescribing and defining the time, mode and occasion of its agency, or instrumentality thereof, including any government-owned or
performance with such certainty that nothing is left for judgment or controlled corporation, or its subsidiary, during his term of office. He shall
discretion. not intervene in any matter before any office of the Government for his
No particular qualification is required for the discharge of this kind of pecuniary benefit or where he may be called upon to act on account of his
duty because the law itself defines with precision the occasion and office.
manner of its exercise. Thus, the ministerial duty can be compelled by 5. No member of a Constitutional Commission shall, during his tenure,
judicial action. hold any other office or employment. Neither shall he engage in the
EX. Tax collector to acknowledge payment by issuing an official receipt. practice of any profession or in the active management or control of any
The COMELEC to give due course to a COC duly accomplished and business which, in any way, may be affected by the functions of his office,
reasonably filed. nor shall he be financially interested, directly or indirectly, in any contract
--------------------------------------------------------------------------------- with, or in any franchise or privilege granted by the Government, any of its
CHAPTER 6 subdivisions, agencies, or instrumentalities, including government owned
Inhibitions or controlled corporations or their subsidiaries. This
An INHIBITION is a restraint upon the public officer against the doing of inhibition applies as well to the Ombudsman and his Deputies.
certain acts which may legally be done by others. It differs from 6. No officer or employee in the civil service shall engage, directly or
disqualification, although the two terms are used interchangeably, in that indirectly, in any electioneering or partisan political campaign.
the latter denotes the lack of a needed eligibility for a certain office. 7. No elective official shall be eligible for appointment or designation in
Inhibitions are prescribed either by the Constitution or by statute and may any capacity to any public office or position during his tenure. Unless
be general or specific in their application. otherwise allowed by law or by the primary functions of his position, no
appointive official shall hold any other office or employment in the
CONSTITUTIONAL INHIBITIONS Government or any subdivision, agency or instrumentality thereof,
1. The President and Vice President shall not receive during their tenure including GOCCs or their subsidiaries.
any other emolument from the Government or any other source. 8. No elective or appointive public officer or employee shall receive
2. The President, Vice President, the Members of the Cabinet, and their additional, or indirect compensation, unless specifically authorized by law,
deputies or assistants shall not, unless otherwise provided in the nor accept without the consent of Congress any present emolument,
Constitution, hold any other office or employment during their tenure. office, or title of any kind from any foreign government. Pension or
They shall not, during said tenure, directly or indirectly practice any other gratuities shall not be considered as additional, double, or indirect
profession, participate in any business, or be financially interested in any compensation.
contract with, or in any franchise, or special privilege granted by the 9. No loan, guaranty, or other form of financial accommodation for any
Government or any subdivision, agency or instrumentality thereof, business purpose may be granted, directly or indirectly, by any
including GOCCs or their subsidiaries. They shall strictly avoid conflict of government-owned or controlled bank or financial institution to the
interest in the conduct of their office. President, the Vice-President, the Members of the Cabinet, the Congress,
3. No Senator or Member of the House of Representatives may hold any the Supreme Court, and the ConstitutionalCommissions, the Ombudsman,
other office or employment in the Government, or any subdivision, agency, or to any firm or entity in which they have controlling interest, during their
or instrumentality thereof, including GOCCs or their subsidiaries, during tenure.
his term without forfeiting his seat.
4. No Senator or Member of the HOR may personally appear as counsel CONSTITUTIONAL DISQUALIFICATIONS
before any court of justice or before the Electoral Tribunals, or quasi- -The spouse and relatives by consanguinity or affinity within the fourth
judicial and other administrative bodies. Neither shall he, directly or civil degree of the President shall not during his tenure be appointed as
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
Members of the Constitutional Commissions, or the Office of the party thereto and in connection therewith, or in any case in which he
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of would be disqualified under the Rules of Court.
bureaus or offices, including GOCCs and their subsidiaries. -The Chairman and the Members of the CHR shall not, during their
-No Senator or Member of the House of Representatives shall be tenure, hold any other office or employment. Neither shall they engage in
appointed to any office which may have been created or the emoluments the practice of any profession or in the active management or control of
thereof increased during the term for which he was elected. any business which in any way will be affected by the functions of their
-The members of the Supreme Court and of other courts established office, nor shall they be financially interested, directly or indirectly, in any
by law shall not be designated to any agency performing quasi-judicial or contract with, or in any franchise or privilege granted by the government,
administrative functions. or any of its subdivisions, agencies, or instrumentalities, including GOCCs
Appointees to the Constitutional Commissions must not have been or their subsidiaries.
candidates for any elective position in the elections immediately preceding -Civil servants shall not strike against the Government as a means of
their appointment. securing changes in the terms and conditions of employment.

OTHER INHIBITIONS OTHER DISQUALIFICATIONS

-No officer or employee of the government shall purchase directly or All appointments in the national, provincial, city and municipal
indirectly any property sold by the government for non-payment of any tax, governments or in any branch or instrumentality thereof, including GOCCs,
fee or any other public charge. Any such purchase shall be void. made in favour of a relative within the third degree of consanguinity or
-Even if allowed by law or by the primary functions of his position, a affinity, or of the appointing or recommending authority, or of the chief of
member of the Cabinet, undersecretary, assistant secretary or other the bureau of office, or of the person exercising immediate supervision
appointive official of the Executive Department may hold not more than over him, are prohibited.
two positions in the government and government corporations and The following are disqualified from running for any elective local
receive the corresponding compensation therefor: Provided, that this position:
limitation shall not apply to ad hoc bodies or committees, or to boards, (a) Those sentenced by final judgment for an offense involving moral
councils or bodies of which the President turpitude or for an offense punishable by 1 year or more for imprisonment,
is the Chairman. within 2 years after serving sentence
-No judge or judicial officer shall sit in any case in which he, or his wife (b) Those removed from office as a result of an administrative case
or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or (c) Those convicted by final judgment for violating the oath of allegiance to
in which he is related to either party within the sixth degree of the Republic
consanguinity or affinity, or to counsel within the fourth degree, computed (d) Those with dual citizenship
according to the rules of the civil law, or in which he has been executor, (e) Fugitives from justice in criminal or non-political cases here or abroad
administrator, guardian, trustee or counsel, or in which he has been (f) Permanent residents in a foreign country or those who have acquired
presided in any inferior court when his ruling or decision is the subject of the right to reside abroad and continue to avail of the same right after the
review, without the written consent of all parties in interest, signed by effectivity of the Local Government Code
them and entered upon the record. A judge may, in the exercise of his (g) The insane or feeble-minded
sound discretion, disqualify himself from sitting in a case, for just or valid
reasons other than those mentioned above. EFFECTS OF VIOLATION
- No judge or other official or employee of the superior courts or of the Sanctions for the violation of the inhibition will depend upon the law
Office of the Solicitor General shall engage in private practice as a imposing it or implementing the constitutional restriction.
member of the bar or give professional advice to clients. CHAPTER 7
-No Chairman or commissioner of the COMELEC shall sit in any case in
which he has manifested bias or prejudice or antagonism against any Salary and Perquisites
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
-Even as the salary may be increased, it may also be reduced and, in fact,
altogether be abolished in the discretion of the law-making body. In the
Purposes of compensation and perquisites
latter event, the functionary who is prejudiced as a result cannot complain.
1. To attract competent men to the government service -No reduction or abolition of salary can operate retroactively to affect
2. To lessen the temptation for graft as there would be little need for the salaries already earned or accrued. Such salaries are regarded as vested
public officer to augment his income through illegal methods
property rights and such will come under the protection of due process.
3. To lend the necessary prestige to the office
To be valid, the law should have prospective effect only, to cover salaries
4. To pay and to reward the public officer for the loyalty and dedicated yet to be earned.
service
RIGHT TO SALARY
SALARY
The right to salary is based on the right to the office itself and
Salary is not an essential element of a public office. In fact, there is such a accrues from the date of actual commencement of the discharge of
thing as an honorary office, to which no compensation is attached and
official duties. In the case of the de jure officer who has been unlawfully
where the incumbent is prepared and willing to serve gratis. prevented from assuming the office, the salary accrues to him from the
date of the deprivation of the office.
SOURCE OF SALARY The de facto officer cannot himself benefit from his status and so
The salary of a public officer may be provided by the Constitution or by is not allowed as a rule to collect salaries for services rendered. The
statute. exception is where he had acted in good faith and there is no officer de
jure claiming the office.
LIMITATIONS Where a public officer under investigation or prosecution is
The constitutional limitations on the power of the legislature to alter preventively suspended but subsequently exonerated, he is entitled to
salaries are the following: payment of the salaries corresponding to the period of his preventive
(1) The salaries of Senators and Members of the HOR Shall be determined suspension.
by law. No increase in said compensation shall take effect until after the Back salaries are also payable to an officer illegally dismissed or
expiration of the full term of all the Members of the Senate and the HOR. otherwise unjustly deprived of his office, the right to recover accruing from
(2) The salaries of the President and the Vice President shall be the date of deprivation. A claim for back salaries cannot stand by itself. It
determined by law and shall not be decreased during their tenure. No must be coupled with a claim for reinstatement. Claims for back salaries
increase in said compensation shall take effect until after the expiration of are subject to the prescriptive period of 1 year.
the term of the incumbent during which shall increase was approved. An employee who is reinstated to his former position but who has
(3) The salary of the Chief Justice and of the Associate Justices of the pending administrative and criminal charges against him may only be paid
Supreme Court, and of the judges of the lower courts shall be fixed by law. his back salaries when he is absolved of the charges.
During their continuance in office, their salary shall not be decreased.
(4) The salary of the Chairman and the Commissioners of the PROHIBITED DISPOSITION OF SALARY
Constitutional Commissions shall be fixed by law and shall not be
decreased during their tenure. Public policy prohibits the attachment, garnishment or assignment of the
(5) The salaries of the Ombudsman and his Deputies, which shall be the
salary of a public officer not only because such salary still belongs to the
same as those provided for the Chairmen and Members, respectively, of state as long as it has not yet been actually collected by the public officer.
the Constitutional Commissions, shall not be decreased during their term
of office.
LEAVES
In addition to salary, the public functionary is given vacation, sick and,
SALARY AND DUE PROCESS in the case of women, maternity leave privileges.
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
INSURANCE Improper performance/non-performance will give rise to a cause of
Officers and employees of the government enjoy life insurance benefits action in his favor for any injury sustained by him.
administered by the Government Service Insurance System (GSIS).
Permanent and regular appointees, and elective officers, are covered by LIABILITY IN GENERAL
compulsory insurance. Other functionaries who have been appointed for Sec.38 liability of superior officer
at least two months may avail themselves of optional insurance. Part of a. Ndi sya liable if in the performance of his official duties, unless my bad
the premium in compulsory insurance is paid by the government, the faith, malice or gross negligence
balance being deducted from the salary of the insured. b. W/o just cause neglects to perform a duty w/in a period fixed by
law/regulation
RETIREMENT c. Actually, authorized by written order the specific act or misconduct
Retirement benefits are given to government employees, in effect, complained of, sya nag initiate liable sya
to reward them for giving the best years of their lives to the service of their Sec.39 liability of the subordinate – pag willful or negligent acts done by
country. Retirement laws are liberally interpreted in favour of the retiree to him w/c are contrary to law, morals, public policy, and good customs.
provide for his sustenance and hopefully even comfort when he no longer Tabuena v SB – if the order is illegal, at ndi alam ni subordinate na illegal
has the stamina to continue earning his livelihood. ito, merong mistake of fact committed in good faith!
Retirement is compulsory for any member of the GSIS holding a Independent corporate bodies like BSP – flexibile sa kanila , provided
regular and permanent appointment if: (a) he has attained the age of 65 insulation from interference and vexatious suits.
years, (b) rendered at least 15 years of service to the government, and (c)
the last 3 years of such service have been continuous. THE PRESIDENT
Per diems are excluded in the definition of “compensation”. Immune from suit, to guarantee the independence of the public official.
Kasi kung papayagan ito ndi na sya makakapag trabaho madedelay na
MEDICARE lang or inaction on important matters of the gov’t.
Mainly discretionary and owing to the public in general.
All employees covered by GSIS are also automatically and compulsory
covered by the Philippine Medicare Act. Other employees expected to Estrada v Desierto – sabe ni pare, dapat maimpeach then convicted
remain in the government service for at least one year from the date of bago sya maprosecute, SIRAULO tlga si pare, ang mga kinaso sa knya
coverage may also be included upon recommendation of their employees. plunder, bribery graft and corruption. Hindi nya pwedeng sabihin na
immune sya dito! Incumbent presidents are immune from suit or from
being brought to court during the period of their incumbency and tenure
CHAPTER 8 but not BEYOND.
LIABILITY OF PUBLIC OFFICER
LEGISLATORS
Public officers must at all times be accountable to the people, serve them Liable if acted in their personal capacities, lalo na if acted in bad faith sila!
w/utmost responsibility. All officers must at all times be accountable, to
serve w/ responsibility, integrity, loyalty & efficiency. JUDGES
Liable if acted w/o jurisdiction- usurpation tawag dyan!
KINDS OF DUTIES -In the absence of fraud, dishonesty, corruption not subject to
1. DUTY OWING TO THE PUBLIC IN GENERAL disciplinary action.
A duty owing to the public in general cannot give rise to liability in favor - Gross ignorance = contrary to existing law + motivated by fraud,
of particular individuals. dishonesty and corruption
2. DUTY OWING TO PARTICULAR INDIVIDUALS -The act complained of must itself constitute a crime, as where a judge
renders grossly unjust decision in violation of A204 RPC
KIMBERLY B. NACION ARELLANO UNIVERSITY SCHOOL OF LAW
-The quantum of evidence for a judge to be administratively liable is  Good faith – honesty of intention and freedom from knowledge of
preponderance of evidence. circumstances
 Ignorance or mistake as to particular facts, honest and real, will
QJ OFFICERS exempt the doer from felonious responsibility.
May be reversed by the courts of justice upon a showing that they were  If the public officer’s act is ultra vires and tainted w/ BF, he may
attended by a grave abuse of discretion himself be held answerable in his individual capacity.
Acted on the matter on the spot investigation, (w/in the scope of  The gov’t should never be made to suffer for the alleged
authority) cannot be held liable for damages – phil.racing club v bonifacio negligence or malfeasance of officers who have acted beyond the
scope of their authority.
LOCAL OFFICIALS
Dpat w/grave abuse para maging liable ganon lang!
MINISTERIAL OFFICERS
Act performed in a prescribed manner, in obedience to the law or
mandate of legal authority, w/o regard to or exercise of the judgment of REMEDIES AGAINST THE PUBLIC OFFICER
the individual upon the propriety of the act being done. CIVILLY, CRIMINALLY OR ADMINISTRATIVELY CRIMINAL – where the
Liable sila sa nonfeasance – neglect/refusal w/o sufficient excuse public officer is brought to face criminal proceedings, the office of SG is
Malfeasance- doing, either through ignorance, inattention or malice not authorized to represent him.
Misfeasance- failure to use degree of care, skill and diligence.
Misconduct – unlawful behavior or gross negligence by the public ADMINISTRATIVE GROUNDS
officer. Oppression
Dishonesty
LIABILITY OF ACTS OF SUBORDINATES Insubordination
Immorality
GR: faults of the subordinates should be considered their own Inefficiency
responsibility alone and not be visited upon the innocent superior. Negligence
There should be other grounds than mere signature or approval Drunkenness
appearing on a voucher to sustain a conspiracy charge and conviction. Partisan political activity

Dito sya LIABLE FESTIJO V CRISOLOGO – grounds for suspension

1. Negligent/ willful employs or retains unfit or improper persons 1. Related to the discharge of the functions of
2. Failed to require of them the due conformity to the prescribed the officer concern
regulations 2. Not so connected w/ the function.
3. Careless
4. Fortiori – he has directed/authorized or cooperated in the wrong.
Office of CA v Soriano – failing to exercise supervision on respondent, he
could not be liable for malversation through negligence.

PERSONAL LIABILITY
Committed w/o authority or with malice/badfaith for his acts/omissions.
 Bad faith – a dishonest purpose , a breach of sworn duty through
some motive or ill will; it partakes the nature of fraud.