Definition of Terms

Public Office – the right, authority, or 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
sovereign power of government, to be exercised by him for the benefit of the public

Public Officer – A person who holds public office

Public Officer (Art. 203 RPC) – any person, who by direct provision by law, popular election, or
appointment by competent authority, shall take part in the performance of public functions in the
government of the Philippine Islands, or shall perform in said government or in any branches, public
duties as an employee, agent, or subordinate official, of any rank or class, shall be deemed to be a public
officer

Public Officer (Sec 3 RA 3019) – includes elective and appointive official and employees, permanent or
temporary, whether in the classified or unclassified or exempt service, receiving compensation, even
nominal, from the government.

Elements of Public Office

1.) created by law or authority of law
2.) possess a delegation of a portion of the sovereign powers of government to be exercised for the
benefit of the public
3.) powers conferred and duties imposed must be defined, directly or impliedly, by the legislature or by
the legislative authority
4.) duties must be performed independently and without the control of a superior power other than the
law, unless they be those of an inferior or subordinate office created or authorized by the legislature,
and by it placed under the general control of a superior office or body
5.) must have permanence or continuity

Classification of Public Offices / Public Officers

As to nature of functions Civil Officer – covers any kind of public office, whether executive,
legislative, or judicial

Military Officer – includes all offices in the armed forces which solely
involve military functions

As to creation Constitutional Officer – One created by the constitution

Statutory Officer – one created by statue over which Congress has full
control

As to department to Legislative Officer – one charged with function invoving mainly the
which it belongs enactment of laws

Executive Officer – one charged with functions mainly involving with the
 execution or administration of laws

Judicial Officer – one charged with functions connected with the

adjudication of actual justiciable interpretation of laws

As to branch of National Officer – includes any office in the national or central

government served government

Local Officer – includes any office in the political subdivision in the

Philippines

As to whether exercise Quasi-Judicial Officer – Includes any office (other than the courts of
of discretion is required justice) whose officers are charged with the function that require exercise
of discretion or judgment

Ministerial Officer - includes any office whose officers are charged with
the duty to execute mandates lawfully issued by their superior

As to compensation Lucrative Office, Office of profit, or office coupled with interest –

includes any office to which salary, compensation, or fees are attached
Honorary Office - one which no compensation is attached and supposed
to be accepted merely for the public good

Jurisprudence on Public Office/Officers

Fernandez vs Sto. Tomas

The term “public office” is frequently used to refer to the right authority or duty created and conferred
by law, by which, for a given period of time fixed by law or enduring at the pleasure of the creating
power, an individual is invested with some portion of the sovereign functions of government, to be
exercised by that individual for the benefit of the public

Preclaro vs Sandiganbayan
The definition of “public officer” in RA 3019 includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exemption service, receiving
compensation, even nominal, from the government. This definition is not restrictive.

Azarcon vs. Sandiganbayan

Sec 206 of the National Internal Revenue Code authorizes the BIR to effect a constructive distraint by
requiring “any person” to preserve a distrained property. But there is no provision in the NIRC
constituting such person a public officer by reason of such requirement. The BIR’s power authorizing a
private individual to act as a depositary cannot be stretched to include the power to appoint him as a
public officer.

Laurel vs Desierto
The National Centennial Commission NCC performs executive functions and is therefore a public office
and petitioner Laurel as its Chair is a public officer. The office of the NCC Chair may be characterized as
an honorary office, as opposed to a lucrative office or an office for profit.

Eligibility and Qualifications

Eligibility – the state or quality of being legally fitted or qualified to be chosen
Qualification – a condition or circumstance that must be met or complied with to make a person
suitable for a particular position.
Authority to Prescribe Qualifications
- Constitution – the general rule is that where the Constitution establishes specific eligibility
requirements for a particular constitutional office, the constitutional criteria is exclusive.
- Congress – is generally empowered to prescribe the qualifications for holding public office,
provided it does not exceed its constitutional powers or impose conditions of eligibility
inconsistent with constitutional provisions
Endowments, Qualities or Attributes – the individual must possess the qualifications at the time of the
appointment or election continuously for as along as the official relationship continues

Jurisprudence on Eligibility and Qualifications

Maquera vs. Borra

RA 4221 has the effect of imposing property qualifications in order that a person could run for a public
office and that the people could validly vote for him. The right to vote and be voted for shall not be
dependent on the wealth of the individual concerned, whereas social justice presupposes equal
opportunity for all, rich and poor alike, and that, accordingly, no person shall, by reason of poverty, be
denied the chance to be elected to public office

Frivaldo vs Comelec
The citizenship requirement in the Local Government Code is to be possessed by an elective official at
latest as of the time he is proclaimed and at the start of the term of office to which he has been elected.

Disqualifications to Hold Public Office

Disqualifications – the quality of not being suitable for a particular position
Rule – individuals who lack any of the qualifications prescribed by the Constitution or by law for a public
office are ineligible or disqualified from holding such office.
Effect of Violation – an appointment of an ineligible or unqualified person is a nullity

Causes of Disqualifications to Hold Public Office

1.) Mental or Physical Incapacity – an idiot or other person non combos mantis is incapable of holding
public office
2.) Misconduct or Crime - to assure public confidence in the essential integrity of the government,
persons convicted of crime involving moral turpitude are usually disqualified from holding public office.
3.) Impeachment – judgment in cases of impeachment is removal from office and disqualification to
hold any office under the Republic of the Philippines
4.) Removal or Suspension from Office - the grounds from removal or suspension from office include
acts which would disqualify one from holding office
5.) Previous Tenure of Office - under the Constitution, a disability to succeed office is imposed upon
certain officers
6.) Consecutive Terms – the Constitution prohibits the holding of a certain elective office by the same
person for more than a stated number of consecutive terms.
7.) Holding more than one office - there is no constitutional protected right to hold incompatible offices
8.) Relationship with the appointing power - appointments to public office should be based solely on
merit and fitness uninfluenced by any personal or filial consideration
9.) Office newly created or the emoluments of which have been increased – the Constitution prohibits
the appointment of a Senator or a Member of the House of Representatives to any office which may
have been created or the emoluments increased during the term for which he was elected.
10.) Being an elective official – under the Constitution, no elective official shall be eligible for
appointment or designation in any capacity to any public office or position during his tenure.
11.) Having been a candidate for any elective position - under the Constitution no candidate who has
lost in any election shall, within one year after such election, be appointed to any office in the
Government, GOCC or in any of their subsidiaries
12.) Under the Local Government Code - Section 40 of the Local Government Code

Disqualifications under Sec 40 of the LGC

Conviction (Crime involving Those sentenced by final judgment for an offense involving moral
moral turpitude) turpitude

Conviction (offense 1yr or Or for an offense punishable of 1 or more than 1 yr imprisonment,

more imprisonment within two years after serving sentence

Removed from office Those removed from office as a result of an administrative case

Conviction (violation of oath those convicted by final judgment for violating the oath of allegiance
of allegiance) to the Republic of the Philippines

Dual Citizen Those with dual citizenship

Fugitive Fugitives from justice in criminal and non-political case here and
abroad

Permanent Resident or Permanent residents in foreign country or those who have acquired
Immigrant (foreign country) the right to reside abroad and continue to avail of the same right
after the effectivity of the LGC

Insane or feebleminded Those who are insane or feebleminded

Jurisprudence on Disqualifications and Inhibitions

Dumlao vs COMELEC
That portion of the second paragraph of Section 4 of BP 52 providing that “the filing of charges for the
commission of such crimes before a civil court or military tribunal after preliminary investigation shall be
prima facie evidence of such fact” is null and void, for being violative of the constitutional presumption
of innocence guaranteed to the accused.

Adaza vs Pacana
Adaza automatically forfeited the governorship the moment he took his oath as memner of thr Batasan
Pambansa. Section 10 Art 8 1973 Constitution “A member of the Batasan Pambansa shall not hold any
other office or employment in the government or any subdivision, agency or instrumentality thereof,
including GOCCs, during his tenure, except that of prime minister or member of the cabinet

Civil Liberties Union vs Exec Sec

EO 284 is unconstitutional. Ostensibly restricting the number of positions that Cabinet members,
undersecretaries, or assistant secretaries may hold in addition to their primary position to not more
than 2 positions in the government and government corporations. EO 284 actually allows them to hold
multiple offices or employment in direct contravention of the express mandate in Section 13 Art 7 of the
1987 Constitution prohibiting them from doing so, unless otherwise provided in the 1987 Constitution
itself.
Flores vs Drilon
The proviso in paragraph d. Sec 13 of ra 7227 which states “ for the first year of its operation from the
effectivity of this Act, the Mayor of Olongapo shall be appointed as the Chairman and CEo of the Subic
Authority” is unconstitutional. As incumbent elective official, Mayor Gordon is ineligible for appointment
to the position of Chairman and CEO of SBMA, hence his appointment thereto pursuant to a legislative
act that contravenes the constitution cannot be sustained

Lecaroz vs Sandiganbayan
Although BP 51 does not say that a Sanggunian member can continue to occupy his post after the
expiration of his term in case his successor fails to qualify, it does not also say that he is proscribed from
holding over. Absent an express or implied constitutional or statutory provision in the contrary, an
officer is entitled to stay in office until his successor is appointed or chosen and has qualified.

National Amnesty Commission vs COA

The ex-officio 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 the said
position. The reason is that these services are already paid for and covered by the compensation
attached to his principal office. The representatives of the Sec of Justice, National Defense, and Interior
and Local Government as ex officio members of the National Amnesty Commission are not entitled to
something their own principals are prohibited from receiving.

CSC vs Cortes
Cortes’ appointment in the CHR by the Commission En Banc, where his father, Commissioner Mallari is a
member, is covered by the prohibition. Commissioner Mallari’s abstention from voting did not cure the
nepotistic character of the appointment because the evil sought to be avoided by the prohibition still
exists. His mere presence during the deliberation for the appointment of IO V created an impression of
influence and cast doubt on the impartiality and neutrality of the Commission En Banc.

COMMENCEMENT OF OFFICIAL RELATIONS

- By Appointment
- By Election

Definition of Terms

Appointment – the selection, by the authority vested with power, of an individual who is to perform the
functions of the government
Borromeo vs Mariano – the term appoint whether regarded in its legal or ordinary acceptation, is
applied to the nomination or designation of an individual to the office

Commission – the written evidence of an appointment

Valencias vs. Peralta – appointment requires some kind of written memorial that could render title to
public office indibutable

Designation – imposition of additional duties usually by law on a person already in public service
Sevilla vs CA – a mere designation does not confer security of tenure, as the person designated occupies
the position only in an acting capacity

Classification of Appointment
No notes :((

Jurisprudence on Classification of Appointment

Ad Interim Appointment
Pamantasan ng Lungsod ng Maynila vs IAC
If the Board of Regents is in session, the Pamantasan President merely nominates while the Board issues
the appointment. But when the Board is not in session, the President is authorized to issue ad interim
appointments. Such appointments are permanent, but their terms are only until the Board disapproves
them. If confirmed, the appointee’s term is converted into the regular term inherent in the position.

Permanent Appointment
Marohombsar vs. Alonto
The fact that Dr. Marohombsar has a permanent appointment as Professor does not detract from the
permanent nature of her present appointment as Vice-Chancellor, especially since the same was duy
confirmed by the MSU Board of Regents. The only difference is that her position as Vice Chancellor has a
fixed term.

Sec 16, Art. 7 1987 Constitution

Calderon vs. Carale
Art 215 of the Labor Code as amended by RA 6715 insofar as it requires the confirmation of the
Commission on Appointments of appointments of the Chairman and the members of the NLRC is
unconstitutional and of no legal force and effect

Appointment for a Definite and Renewable Period

Felix and Buenaseda
A temporary appointment (Medical Specialist) was for a definite and renewable period which when it
was not renewed, did not involve a dismissal but an expiration of the term.

Temporary Appointment to Permanent Appointment

Prov of Camarines Sur vs. CA
Lack of a civil service eligibility made his appointment temporary. The fact that he obtained civil service
eligibility later on is of no moment as his having passed the supervising security guard examination, did
not ipso facto convert his temporary appointment into a permanent one.

Designation is not Permanent Appointment

Gloria vs De Guzman
The fact is that private respondent’s assignment as “Coordinator for Extension Services” was a mere
designation. Not being a permanent appointment, the designation to the position cannot be the subject
of a case for reinstatement.
Meaning of Unless Terminated Sooner
Orcullo vs CSC
Where the employment contract is qualified by the phrase unless terminated sooner, even if such
employment is co-terminous with the project, the employee nevertheless serves at the pleasure of the
appointing authority.

Temporary Appointment
De Castro vs Carlos
Petitioner undisputedly lacked CES eligibility. Thus, he did not hold the position of AGMO in a
permanent capaciryty or acquire security of tenure in that position. Otherwise stated, his appointment
was temporary and co-terminus with the appointing authority.

Steps in the Appointing Process

For Regular Appointments Regular
- Nomination by the President
- Confirmation by the Commission on
Appointments
- Issuance of the commission
- Acceptance by the appointee

Ad Interim
- Nomination
- Issuance of appointment
- Acceptance by the appointee
- Confirmation by the Commission on
 Appointments

For Appointments which do not require - Appointment by the appointing authority

Conformation - Issuance of the commission
- Acceptance by the appointee

For Appointments to Career Service of the Civil Omnibus Rules Implementing Book V EO 292 –
Service appointment not submitted to the CSC within 30
days from issuance shall be ineffective

Jurisprudence on Steps in the Appointing Process

Acceptance by the Appointee

Lacson vs Romero
The acceptance of the appointment by the appointee is the last act that complete the appointment
process

Position Must be Vacant

Costin vs. Quimbo
For an appointment to be valid, the position must be vacant
Gayatao vs CSC
No vacancy having legally been created by the illegal dismissal no appointment may be validly made to
that position and the new appointee has no right whatsoever to that office

CSC Attestation
Tomali vs CSC
Without the favorable certification or approval of the Commission, no title to the office can yet be
deemed to be permanently vested in favor of the appointee, and the appointment can still be recalled
or withdrawn by the appointing authority

Authority of the CSC

Luego vs CSC
The CSC is not authorized to disapprove a permanent appointment on the ground that another person is
better qualified than the appointee and, on the basis of this finding, order his replacement by the latter
Aquino vs CSC
The situation is different, where the CSC revoked the appointment of the successful protestant,
principally because the right to security of tenure of the prior appointee, to the contested position had
already attached. CSC did not direct the appointment of a substitute of its choice. It merely restored the
appointment of the person was first appointed to the contested position.

Presidential Appointment
Agyao vs CSC
Career Executive Service covers presidential appointees only. Corollarily, as the position of Department
Manager II of the PEZA does not require appointment by the President of the Philippines, it does not fall
under the Career Executive Service. Agyao only needs the approval of the PEZA Director-General to
validate his appointment or re-appointment. As he need not possess a CESO or CSEE eligibility, the CSC
has no valid and legal basis in invalidating his appointment or re-appointment as Department Manager
II.

Scope of the Civil Service: Comparative Provisions

1973 Constitution 1987 Constitution
BASIS Art. 12-B Sec 1 – The civil Art 12-B Sec 2(1) – The civil
service embraces every branch, service embraces all branches,
agency, subdivision, subdivisions, instrumentalities,
instrumentality of the and agencies of the
Government, including every Government, including GOCCs
GOCC with original charters.

DIFFERENCE It covers both GOCCs with and It covers only GOCCs with
without charter charter

Jurisprudence on Appointment to the Civil Service

GOCC without Original Charter – Covered by Labor Code

TUPAS vs National Housing Authority
Workers of the NHC are covered by the Labor Code, the NHC being a GOCC without an original charter.
Employees of the government corporations established under the Corporation Code shall have the right
to organize and to bargain collectively with their respective employers.

GOCC with Original Charter – Part of Civil Service

UP vs Regino
As a mere GOCC, UP was clearly a part of the Civil Service under the 1973 Constitution and now
continues to be so because it was created by a special law and has an original charter. As a component
of thr Civil Service, UP is therefore governed by PD 607 and administrative cases involving the discipline
of its employees come under the appellate jurisdiction of the Civil Service Commission.

GOCC with Original Charter – Chartered by Special Law

Juco vs NLRC
Employment relations in the National Housing Corporation are within the jurisdiction of the NLRC not
the Civil Service Commission, even if the controversy arose before 1987, because it is the Constitution in
place at the time of the decision which governs. The phrase “with original charter” refers to
corporations chartered by special law as distinguished from corporations organized under the
Corporation Code
GOCC without Original Charter – DOLE not CSC has Jurisdiction
LRTA vs Venus
METRO has no original charter hence, it is the DOLE and not the Civil Service Commission who has
jurisdiction over disputes arising from the employment of its workers. Consequently, the terms and
conditions of such employment are governed by the Labor Code and not by the Civil Service Rules and
Regulations.

Officials and Employees under the Career Service

1.) Open Career positions for appointment to which prior qualification in an appropriate examination is
required
2.) Closed Career positions which are scientific or highly technical in nature these include the faculty and
academic staff of state colleges and universities, and scientific or research institutions which shall
establish and maintain their own merit system
3.) Positions in the Career Executive Secretary namely: Undersecretary, Assistant Secretary, Bureau
Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department
Service and other officers equivalent rank as may be identified by the Career Service Board all of whom
are appointed by the President
4.) Career Officers, other than those in the Career Executive Service, who are appointed by the President
such as the Foreign Service Officers in the DFA
5.) Commissioned officers and enlisted men of the Armed Forces which shall maintain a separate merit
system
6.) Personnel of GOCCs whether performing governmental or proprietary functions which do not fall
under the non-career service
7.) Permanent laborers, whether skilled, semi-skilled, or unskilled

Officials and Employees under the Non-Career Service

1.) Executive officials and their personnel or confidential staff
2.) Department heads and other officials of Cabinet rank who hold position at the pleasure of the
President and their personnel or confidential staff
3.) Chairman and members of the commissions and boards with fixed terms of office and their personnel
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 requiring special or technical skills not available in the
employing agency, to be accomplished within a specified period, which in no case shall exceed one year,
and performs or accomplishes the specific work or job, under hi own responsibility with a minimum of
directions and supervision from the hiring agency
5.) Emergency and seasonal personnel

Requisites for the Appointment to the Civil Service

Section. 2 (2) Art. 9 -B 1987 Constitution – Appointments to the Civil Service shall be made only
according to merit and fitness to be determined, as far as practicable… by competitive examination,
except appointment to positions which are:
 - Policy determining
- Primarily confidential
- Highly technical

Exempt from Competitive Examination

Policy Determining – one charged with laying down; of principal or fundamental guidelines or rules

Primarily Confidential – one denoting not only confidence in the aptitude of the appointee for the
duties of office; but primarily close intimacy which insure freedom of intercourse without
embarrassment; or freedom from misgivings or betrayals of personal trust or confidential matters of
state; or one declared to be so by President upon recommendation of CSC

Highly Technical - requires appointee thereto, to possess technical skill or training in the supreme or
superior degree.

Jurisprudence on Requisites fro Appointment to the Civil Service

Primarily confidential and highly technical

Besa vs PNB
Position of legal counsel for PNB is both primarily confidential and highly technical, with the former
aspect predominating

Loss of trust and confidence as ground for termination

Pacete vs Acting Chairman of COA
The position of Legal Counsel or City Attorney is confidential in nature, for which loss of confidence is a
valid ground for termination. The termination of their official relation can be justified on the ground of
loss of confidence because in that case their cessation from office involved no removal but merely the
expiration of the term of office.

Appointee to primarily confidential position is co-terminous with appointing authority

Hilario vs CSC
Position of City Legal Officer is primarily confidential, and appointee thereto holds office at the pleasure
of, and co-terminous with the appointing authority

Not primarily confidential if degree of confidence of appointing power is not present

PAGCOR vs Rilloraza
Poition of Casino Operations Manager is not primarily confidential. Degree of confidence of appointing
power (intimacy that insures freedom from intercourse without embarrassment…) is not present.
CSC is empowered to declare position in the Civil Service as primarily confidential
Montecillo vs CSC
The enumeration found in Sec 6 Art 4 of the Civil Service Decree, which defines the non-career service is
not an exclusive list. CSC could supplement the enumeration by specifying positions in the civil service,
which are considered primarily confidential and therefore their occupants are co-terminous with the
official they serve.

Security of tenure un the Career Executive Service

PEZA Board of Directors vs Mercado
Security of tenure in the career executive service which presupposes permanent appointment, takes
place upon passing the CES examinations administered by the CES board. It is that which entitles the
examinee to conferment of CES eligibility and the inclusion of his name in the roster of CES eligibles.

Expiry of the term of office of primarily confidential employee

Provincial Government of Camarines Norte vs. Gonzales
Serving at the confidence of the appointing authority, the primarily confidential employee’s term of
office expires when the appointing authority loses trust in the employee. When this happens the
confidential employee is not removed or dismissed from office, his term merely expires and the loss of
trust and confidence is the just cause provided by law that results in the termination of employment

Kinds of Personnel Action

Promotion - movement from one position to another, with increase in duties and responsibilities, as
authorized by law and usually accompanied by an increase in pay

Appointment through Certification – issued to a person who has been selected from a list of qualified
persons, certified by the Civil Service Commission from an appropriate register of eligible, and who
meets all the qualifications prescribed for the position

Transfer - movement from one position to another which is of equivalent rank, level, or salary without
break in service.

Reinstatement – a person who has been permanently appointed to a position in the career service and
who has, through no delinquency or misconduct, been separated therefrom, may be reinstated o a
position in the same level for which he is qualified.

Detail – movement of an employee from one agency to another without the issuance of an appointment
and shall be allowed only for a limited period in the case of employees occupying professional, technical,
or scientific positions.

Reassignment – movement from one organizational unit to another in the same agency, provided that
such reassignment shall not involve a reduction in rank, status, or salary
Reemployment – names of persons who have been appointed permanently into 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.

Jurisprudence on Personnel Action

Next-in-rank rule
Abad vs Dela Cruz
The next in rank rule is a rule of preference on who to consider for promotion. The rule does not give
employees next in rank a vested right to the position next higher to theirs should that position become
vacant. Appointment is a discretionary power of the appointing authority. So long as the appointee
possesses the qualifications required by law, the appointmentr tis valid.

Unconsented lateral transfer

Divinagracia vs Sto. Tomas
A transfer that results 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. Indeed, no permanent transfer can take place
unless the office or employee is first removed from the position held, and then appointed to another
position.

Appointment without indicating any specific place as permanent station

Quisumbing vs Judge Gumban
The appointment of yap is simply that of a District Supervisor of the Bureau of Public Schools which does
not indicate a specific station. As such, she could be assigned to any station and she is not entitled to
stay permanently at any specific station

Transfer which constitutes a demotion

Chato vs Natividad
To sustain his contention that his transfer constitutes a demotion simply because the new assignment is
not to his liking would be to subordinate government projects, along with the great resources and
efforts they entail, to the individual preferences and opinions of civil service employees.

Technical and legal meaning of Transfer and Detail

Causing vs Comelec
Having acquired technical and legal meaning, transfer and detail must be construed as such. The
argument that the phrase “any transfer or detail whatsoever” encompassed “any and all kinds and
manner of personnel movement, including the mere change in office location” is unacceptable.

Transfer which does not constitute a demotion or violation of security of tenure

Cuevas vs Bacal
Respondent’s appointment to the position of Chief Public Attorney was merely temporary and that,
consequently, her subsequent transfer to the position of Regional Director of the same office, which
corresponds to her CESO rank, cannot be considered a demotion, much less a violation of the security of
tenure guarantee of the Constitution.

Reinstatement is essentially discretionary

Gloria vs De Guzman
Reinstatement is technically issuance of a new appointment which is essentially discretionary, to 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.

Transfer which does not constitute a demotion or violation of security of tenure

Garcia vs Chairman COA
Respondent’s appointment to the position of Chief Public Attorney was merely temporary and that,
consequently, her subsequent transfer to the position of Regional Director of the same office, which
corresponds to her CESO rank, cannot be considered a demotion, much less a violation of the security of
tenure guarantee of the Constitution. (Same as Cuevas dein ko alam bakit lol)

Reassignment should have a definite date or duration

Padolina vs Fernandez
A reassignment that constitutes no definite date or duration of reassignment is tantamount to a floating
assignment that results in a diminution in rank, which violate security of tenure and therefore invalid

Transfer which does not constitute a demotion or violation of security of tenure

Pastor vs City of Pasig
A reassignment that is indefinite and results in a reduction in salary rank status is in effect constructive
removal from the service. For all intents and purposes, reassignment, lasting nearly ten years now, is
removal without cause.

POWERS AND DUTIES OF PUBLIC OFFICERS

Authority of Public Officers

Scope of Public Officers

1.) Expressly conferred upon him by the law under which he has been appointed or elected
2.) Expressly annexed to the office by the law under which or some other law referring to it.
3.) Attached to the office as incidents of it

Jurisprudence on Powers of Public Officers

The promulgation of a decision of a judge retires is null and void

Lao vs To-Chip
When the decision was promulgated, two of the three justices necessary to constitute a quorum in a
division had lost their authority to act as justices by reason of the presidential acceptance of their
resignation. To be binding, a judgment must be duly signed and promulgated during the incumbency of
the judge who signed it.

A decision promulgated by a de facto judge in the actual exercise of his office is legal and has a valid
and binding effect
People vs Garcia
The decision under review was validly promulgated. Although the effectivity of Judge De Guzzman,
disability retirement was made retroactive to Feb 16 1996, it cannot be de denied that at the time his
decision was promulgated on Feb 20 1996, he was still the incumbent judge of the RTC. Thus, when the
decision convicting appellant was promulgated, Judge De Guzman was actually discharging his duties as
a de facto judge

An administrative officer has only such powers as are expressly granted to him and those necessarily
implied in the exercise thereof
Kilusang Bayan vs Domiguez
Sec 17 Art 3 of the KBMBPM by laws reads: Any elected director or committee member may be removed
from office for cause by a majority vote of the members in good standing present at the annual or
special general assembly called for the purpose after having been given the opportunity to be heard at
the assembly. The procedure was not followed in this case. Secretary of Agriculture arrogated unto
himself the power of the members of the KBMBPM who are authorized to vote to remove the
petitioning directors and officers

Ministerial and Discretionary Powers

Ministerial - one the discharge of which by the officer concerned in imperative and requires neither
judgment nor discretion

Discretionary – one imposed by law upon a public officer wherein the officer has the right to decide how
and when the duty shall be performed

Jurisprudence

Mandamus will not issue to control the performance of discretionary, non-ministerial, duties
Sharp International vs. CA
Mandamus is not available to control discretion. The writ may issue to compel the exercise of discretion
but not the discretion itself. Respondents cannot be compelled by a writ of mandamus to discharge a
duty that involves the exercise of judgment and discretion, especially where disbursement of public
funds is concerned

General Duties of Public Officers

1.) To be accountable to the people

2.) To submit SALN
3.) To owe allehiance
Specific Duties of Public Officers

1.) Act promptly on letters and requests

2.) Submit annual performance reports
3.) Process documents and papers expeditiously
4.) Act immediately on the public’s personal transactions
5.) Make documents accessible to the public

Prohibitions

1.) Partisan political activity – No officer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign

2.) Additional or double compensation – No elective or appointive public officer or employee shall
receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept
without the consent of the Congress, any present, emoluments, office, or title of any kind from a foreign
government.
3.) Prohibitions against loans – No loan, guaranty, or other form of financial accommodation for
business purpose may be granted by any government-owned or controlled bank or financial institution
to pres, vo, members of the cabinet, congress, supreme court , constitutional commission, ombudsman,
or to any firm or entity in which they have controlling interet, during their tenure.

4.) Nepotism – All appointments in the national, provincial, city, and municipal governments or in any
branch or instrumentality thereof, including goccs, made in favor of a relative of the appointing or
recommending authority or of the chief of the bureau or office, or the persons exercising immediate
supervision over him are hereby prohibited. As used in this section the word relative and members of
the family referred to are thoe related within the third degree either of consanguinity or affinity.

Rights and Privileges of Public Officers

1.) Right to Office
2.) Right to Salary
3.) Right to Preference in Promotion
4.) Right to Vacation and Sick Leave
5.) Right to maternity Leave
6.) Right to Retirement Pay
7.) Right to Reimbursement
8.) Right to be Indemnified
9.) Right to Longevity Pay

Power to Fix Compenssation

1.) Power of the Congress to fix the compensation – power is primarily but not exclusively legislative in
character
2.) Power of LGUs to fix compensation pursuant to delegated authority from Congress – unless
expressly prohibited by the Constitution, Congress may delegate the power to LGUs, for example, the
governor, the mayor, or sanggunian bayan.

3.) Power of administrative boards or other officers to fix compensation pursuant to delegated
authority from Congress – in pursuance of the power delegated by congress, may fix the compensation
of public officers within statutory limitations.

Jurisprudence on Compensation

Retirement Benefits
Profeta vs. Drilon – petitioner should have been allowed to continue in the service to be able to
complete the 15 year service requirement. She was prepared to render services for said period but was
not allowed. She should, therefore, be entitled to all her salaries, benefits and other emoluments during
said periods

Discretionary authority of government agency head to allow or disallow extension of service

Rabor vs CSC
The head of the government agency concerned is vested with discretionary authority to allow or
disallow extension of the service of an official or employee who has reached 65 years of age without
completing the 15 years government service. This discretion is nevertheless to be exercised conformably
with the provisions of Civil Service Memorandum Circular 27 Series of 1990.

Right to salary during preventive suspension

Gloria vs CA
Employees who are preventively suspended pending investigation are not entitled to the payment of
salaries if they are exonerated. They are entitled to the compensation for the period of suspension
pending appeal if eventually they are found innocent.

Right to back salaries of illegally dismissed employee

Constantino-David vs. Pangandaman-Gania
Illegally dismissed government employee who is later ordered reinstated is entitled to back wages and
other monetary benefits from the time of his illegal dismissal up to his reinstatement. This is only fair
and sensible because an employee who is reinstated after having been illegally dismissed is considered
as not having left his office and should be given a comparable compensation at the time of his
reinstatement.

General rule of no work no pay

Balitaosan vs Sec DECS
The general rule is that a public official is not entitled to any compensation if he has not rendered any
service. No work no pay. Since petitioner did not render any service during the period for which he is
now claiming his salaries, there is no legal or equitable basis to order the payment thereof
Grant of benefits must be authorized by law or regulation
Yap vs COA
In order to demonstrate the legality of the grant of benefits, it was insufficient for the petitioner to
assert that the disputed allowance and benefits were approved by the board of directors of the MGC.
Such board action should in itself be authorized by law or regulation. Otherwise, it becomes an illegal
corporate act that is void and cannot be validated.

Computation of back wages

Galang vs Landbank
Back wages represent the compensation that should have been earned but were not collected because
of the unjust dismissal. This includes the monetary benefits attached to the employee’s salary following
the principle that an illegally dismissed employee who is later reinstated is entitled to all the rights and
privileges that accrue to him by virtue of the office he held.

Definition of Terms

De Jure Officer – One who is in all respects legally appointed and qualified and whose term of office has
not expired.

De Facto Officer - one who has the reputation of being the officer he assumes to be, and yet is not a
good officer in point of law.

Usurper - one who undertakes to act officially without any color of right.

Concept of De Facto Officer

De facto Officer one who has the reputation of being the officer
he assumes to be, and yet is not a good officer in
point of law.

Elements of De Facto Officership 1.) There mut be a de jure officer

2.) There must be a color of right or general
acquiescence of the public
There must be actual physical possession of the
office in good faith

De facto Doctrine Formulated not for the protection of the de facto

officer principally, but rather for the protection of
the public and individuals who get involved in the
official acts of persons discharging duties of an
office without being lawful officers

Legal Effect of Acts The act of the de facto officer insofar as they
affect the public, are valid, binding, and with full
legal effect
Jurisprudence on De Facto Officers

Persons who had been elected but were later ousted as a result of an election protest are de facto
officers and are entitled to compensation during their incumbency
Rodriguez vs. Tan
The defendant acted as a de facto officer during the time he held the office of Senator. He was
proclaimed as one of those who had been elected by the Comelec, and thereafter he took the oath of
office and immediately entered into the performance of the duties of the position. Having been thus
duly proclaimed as Senator and having assumed office as required by law, it cannot be disputed that
defendant is entitled to compensation, emoluments, allowances which our Constitution provides for the
position.

A de facto officer takes salaries at his own risk

Monroy vs CA
A de facto officer, not having good title, takes the salaries at his risk and must therefore account to the
de jure officer for whatever amount of salary he received during the period of his wrongful retention of
public office

De facto officer may retain the per diems, allowances, and other emoluments received by him
Flores vs Drilon
All per diems, allowances, and emoluments received by Gordon, if any, as such Chairman and Chief
Executive Officer may be retained by him, and all acts otherwise legitimate done by him in the exercise
of his authority as de facto officer of SBMA are valid.

De facto officers are entitled to salaries for services actually rendered

Tuanda vs Sandiganbayan
Assuming arguendo that the RTC shall later decide that the said appointments of the private
complainants are null and void, still the private complainants are entitled to their salaries and
compensation for service they actually rendered, for the reason that before such judicial declaration of
nullity, the private complainants are considered at least de facto public officers acting as such on the
basis of apparently valid appointments issued by competent authorities.

Liability of Public Officers – General Rule

1.) Public officer is not civilly liable for actsdone in the performance of his official duties – A public
officer shall not be civilly liable for acts done in the performance of his duties, unless there is a clear
showing of bad faith or malice

2.) Subordinate officer is liable for willful or negligent acts done by him – No subordinate officer or
employee shall be civilly liable for acts done by him in good faith in the performance of his duties.
However, he shall be liable for willful or negligent acts done by him which are contrary to law morals
public policy and good custom even if he acted under orders or instructions of superiors.

3.) Liability for damages of LGUs – LGUs and their officials are not exempt from liability for death or
injury to persons or damage to property.

Liability of Public Officers – Statutory Liability

1.) For refusal or neglect to perform official duty

2.) For violation of Constitutional rights of individuals
3.) For refusal or failure to render aid or protection to any person (member of city/municipal police
force)
4.) For failure to act promptly and expeditiously on the public’s personal transaction
5.) Neglect to perform a duty within a period fixed by law or regulation

Liability of Public Officers – Other Liabilities

Liability on Contracts A public officer shall be personally liable on

contracts he enters into if he acted without or
exceeded his authority

Liability for Tort The public officer shall be personally liable if he

goes beyond the scope of his authority or
exceeds the power conferred upon him by law
Threefold Liability Rule The wrongful acts or omissions of a public officer
give rise to a civil, criminal, and administrative
liability

Liability of Ministerial Officers Non-feasance – neglect or refusal to perform an

act which is the officer’s legal obligation to
perform

Misfeasance – failure to use that degree of care,

skill, and diligence required in the performance of
his duty

Malfeasance – the doing, through ignorance,

inattention, or malice, of an act which he had no
legal right to perform

Command Responsibility A head of a department or a superior officer shall

not be civilly liable for the wrongful acts,
omissions of duty, negligence, or misfeasance of
his subordinates, unless he has actually
authorized by written order the specific act or
misconduct complained of.
Jurisprudence on Liability of Public officers

A public officer who commits a tort or other wrongful act, done in excess or beyond the scope of his
authority, is not protected by his office and is personally liable therefore like any private individual
Rama vs CA
Municipal officers are liable for damages if they act maliciously or wantonly, and if the work which they
perform is done rather to injure an individual than to discharge a public duty. The provincial employees
concerned were “eased out because of their party affiliation”. Such act of the petitioners reflected their
malicious intention.

A duty owing to the public in general cannot give rise to a liability in favor of particular individuals
Vinzons-Chato vs Fortune Tobacco Corp.
The failure to perform a public duty can constitute an individual wrong only when a person can show
that, in the public duty, a duty to himself as an individual is also involved, and that he has suffered a
special and peculiar injury by reason of its improper performance or non-performance.

Modes of Terminating Official Relationship

Expiration of the term or tenure Term – the period of time during which a public
officer has the right to hold public office.

Tenure – the period of time during which he

public officer actually held office

Reaching the age limit Compulsory Retirement Age

Judiciary – 70
Civil Service – 65

Resignation The act of giving up or the act of a public officer

by which he declines his office and renounces the
further right to use it

Recall The termination of official relationship of an

elective official for loss of confidence prior to the
expiration of his term through the will of the
electorate

Removal Entails the ouster of the incumbent before the

expiration of his term. It implies that the office
exists after the ouster

Abandonment The voluntary relinquishment of an office by the

holder with the intention of terminating his
possession and control thereof
 Acceptance of Incompatible Office Incompatibility is to be found in the character of
the offices and their relation to each other, in the
subordination of one of the other, and in the
nature of the functions and duties which attach
to them

Abolition of Office The termination of the existence of an

administrative office

Prescription of Right to Office A person who claims a right to public office

occupied by another may bring an action to
determine by what authority the latter assumes
to hold and exercise the office in question and
ascertain who is entitled to it.

Impeachment A method of national inquest into the conduct of

public men

Death The death of an incumbent of an office

necessarily renders the office vacant
Failure to Assume Elective Office The office of any elective official who fails or
refuses to take his oath of office within six
months from his proclamation shall be
considered vacant, unless said failure is for a
cause or causes beyond his control

Conviction of a Crime When the penalty imposed, upon conviction,

carries with it the penalty of disqualification,
conviction by final judgment automatically
terminates official relationship

Filing of a Certificate of Candidacy Any person holding a public appointive office or

position, including active members of the AFP
and officers or employees of GOCCs, shall be
considered ipso facto resigned from his office
upon the filing of his certificate of candidacy

Jurisprudence on Reaching the Age Limit

Eligibility for appointment after reaching the compulsory retirement age

Civil Service Commission vs. Pililla Water District
A person who reached the compulsory retirement age of 65 may still be appointed to a government
position provided that it is coterminous or primarily confidential position. The position of General
Manager of a Water District is considered as a confidential position because of the intimate relations
between the GM and the Board of Directors of the water district
Jurisprudence on Resignation

Acceptance is necessary for resignation of a public officer to be operative and effective.

Joson vs Nario
It was not within the power of Nario to dictate the time of the effectiveness of his resignation, or
otherwise impose conditions thereon. That was the prerogative of the Secretary of Local Government,
as the proper authority to act thereon. It was well within the power of the Secretary to accept or reject
the resignation. Nario therefore continued as Vice Governor despite his tender of resignation and
despite his absence from office for a few days on account of sickness. Never having lost the office of Vice
Governor, it was also lawful and logical for him to assume the position of Acting Governor, temporarily
vacent due to the infirmity of the incumbent.

The 2 elements of resignation are: intent to resign and act of relinquishment

Ejercito-Estrada vs Macapagal-Arroyo
Resignation of Estrada could not be doubted as confirmed by: a.) his leaving malacanang; b.) he
acknowledge oath taking of Arroyo as President; c.) he emphasized that he left Palace for the sake of
peace and in order to begin healing process (not for temporary disability); d.) expressed for his gratitude
to the people for the opportunity to serve them; e.) he assured people he will not shirk from future
challenge; f.) he called on his supporters to join him in promoting reconciliation and solidarity.

A courtesy resignation is just as effectual as any other resignation

Collantes vs CA
The mere fact that the President, by himself or through another, requested for someone’s resignation
does not give the President the obligation to appoint such person to another position. There can be no
implied promises of another position just because the resignation was made out of courtesy. Any
express promise of another position would be void, because there can be no derogation of the
discretion of the appointing power, and because its object is outside the commerce of men.

Jurisprudence on Recall

No recall shall take place within 1 year from date of the official’s assumption to office or 1 year
immediately preceding a regular local election
Paras vs Comelec
SK election is not a regular election within the contemplation of the LGC as would bar the holding of a
recall election. Regular election means that the approaching local election must be one where the
position of the official is to be recalled is actually contested and to be filled by the electorate

Only a petition to at least 25% of the total number of registered voters, may initiate recall proceedings
Angobung vs Comelec
Section 69(d) of the RA 7610 plainly provides that recall is validly initiated by a petition of 25% of the
total number of registered voters. Notwithstanding such awareness, private respondent proceeded to
file her petition for recall with only herself as the filer an initiator. She claims in her petition that she has,
together with many other is Isabela, lost confidence in the leadership of petitioner. But the petition does
not bear the names of all these citizens of Isabela who have reported also become anxious to oust
petitioner from the post of mayor.

Jurisprudence on Removal

To be able to gauge whether a subordinate is inefficient or incompetent requires enough time in the
part of his immediate superior within which to observe hi performance
Miranda vs Carreon
It is quite improbable that Mayor Miranda could finally determine the performance of respondents for
only the first three months of the probationary period

The word misconduct implies a wrongful intention, and not a mere error of judgment. Misconduct is
wrongful and improper conduct
Advincula vs. Dicen
The failure of the petitioner to divulge that he had pending cases, both criminal and administrative, and
that he had already been previously adjudged guilty of dimple misconduct is a form of concealment
which is regarded as dishonesty amounting to misconduct. He was under legal obligation to reveal those
facts in his PDS and his inadvertence was no excuse.

Both probationary and regular employees enjoy security of tenure.

Civil Service Commission vs Magnaye
Section 2(3) Art. 9-B is emphatic in saying that “no officer or employee of the civil service shall be
removed or suspended except for cause as provided by law”. Consistently, Sec 46 (a) of the Civil Service
Law provides that no officer or employee in the civil service shall be suspended or dismissed except for
cause as provided by law after due process. Our constitution in using the expressions all workers put no
distinc00tion between probationary and regular employees which means they both enjoy security of
tenure. Probationary employees enjoy security of tenure in the sencse that during the probationary
employment, they cannot be dismissed exceot for cause or for failure to qualify as regular employee.

Gross negligence in the performance of duty is classified as a grave offense the penalty of dismissal is
imposed
Fernandez vs Office of Ombudsman
It is sufficiently evident that petitioner was grossly negligent in failing to give a complete and truthful
report to the PBAC of Jireh Construction’s actual progress and abandonment of the AB Bridge Project,
which could have been crucial element in awarding of the four projects to be qualified and capable
contractor.

Dismissal from service is the prescribed penalty imposed for the commission of dishonesty even as a
first offense
Duque vs Veloso
The administrative offense of dishonesty was by the respondent was serious on account of the
supervisory position he held at Quedancor and the nature of Quedancor’s business. Quedancor deals
with the administration, management, and disposition of public funds which the respondent was
entrusted to handle

Gross neglect of duty is a grave offense punishable with the penalty of dismissal, even for first time
offenders.
LBP vs San Juan
Even a layman with no in-depth training in law would have wondered why a bank manager, presented
with a 26 billion check by a private individual, did not bother to take special care.

To constitute misconduct, the act or acts must have been a direct relation to and be connected with
the performance of his official duties
Heirs of Teves vs. Felicidario
Respondent is guilty of simple dishonesty and conduct prejudicial to the best interest of the service but
not of grave misconduct.

Jurisprudence on Abandonment

Abandonment of office has been defined as the voluntary relinquishment of an office by the holder
with the intention of terminating his possession and control
Mun of San Andres Catanduanes vs CA
Although resignation is not complete without acceptance thereof by the proper authority, an office may
still be deemed relinquish through voluntary abandonment which needs no acceptance. Abandonment
of office is a species of resignation; while resignation in general is a formal relinquishment,
abandonment is a voluntary relinquishment through nonuser. Nonuser refers to the neglect to use a
privilege or a right or to exercise an easement or an office

Essential elements of abandonment: an intention to abandon and an overt or external act by which
the intention is carried into effect
Canonizado vs Aguirre
By accepting the position of Inspector General during the pendency of the present cases, brough
precisely to assail the constitutionality of his removal from the NAPOLCOM, Canonizado cannot be
deemed to have abandoned his claim for reinstatement for the latter position. Canonizado was
compelled to leave his position as Commissioner, not by an erroneous decision but by an
unconstitutional provision by law.

Jurisprudence on Filing of COC

Any person holding a public appointive office or position including active members of the AFP and
officers and employees of GOCCs shall be considered ipso facto resigned from his office upon the filing
of his COC
Quinto vs Comelec
Considering that elected officials are put in office by their constituents for a definite term, it may
justifiably be said that they were excluded from the ambit of the deemed resigned provision in utmost
respect for the mandate of the sovereign will of the people. In other words, complete deference is
accorded to the will of the electorate that they be served by such officials until the end of the term for
which they were elected. In contrast, There is no such expectation insofar as appointed officials are
concerned.