LAW ON PUBLIC OFFICERS POLITICAL LAW

LAW ON PUBLIC OFFICERS ● This is the central or core provision for

the law on public officers.
● The second sentence, in particular, is
Part ONE: Public Officers
the foundation of the law on public
accountability.
I. GENERAL PRINCIPLES ● A public officer exercises delegated
powers: A public official exercises power,
A. Public Office
not rights. The government itself is
Definition merely an agency through which the will
The right, authority and duty, created and of the state is expressed and enforced.
conferred by law, by which, for a given period Its officers therefore are likewise agents
either fixed by law or enduring at the pleasure entrusted with the responsibility of
of the creating power, an individual is invested discharging its functions. As such, there
with some portion of the sovereign functions of
is no presumption that they are
government, to be exercised by that individual
for the benefit of the public [Fernandez v. Sto. empowered to act, there must be a
Tomas, G.R. No. 116418 (1995)] delegation of such authority, either
express or implied. In the absence of a
valid grant, they are devoid of power.
Nature right, authority and duty;
[Villegas v. Subido, G.R. No. 31711
Origin Created and conferred by (1971)]
law;

Art. XI, Sec. 1. Public office is a public

trust. Public officers and employees must,
Duration For a given period, either: at all times, be accountable to the people,
1. fixed by law or serve them with utmost responsibility,
2. enduring at the integrity, loyalty, and efficiency; act with
pleasure of the patriotism and justice, and lead modest
creating power;
lives.
Nature of the An individual is invested
Exercise (of with some portion of the ● The provision embodies the nature of a
the right, sovereign functions of the public office as a public trust, and not as
authority and government, to be exercised
a property right. The constitutional
duty) by him
provision means that public office is a
Object of the for the benefit of the public. responsibility.
Exercise
Elements of a Public Officer
Constitutional Principles
To be a public officer, one must be:
(1) Taking part in the performance of public
Art. II, Sec. 1 (2), 1987 Constitution. functions in the government, or
performing in said Government or any of
The Philippines is a democratic and
its branches public duties as an
republican State. Sovereignty resides in employee, agent, or subordinate official,
the people and all government authority of any rank or class; and
emanates from them. (2) That his authority must be —

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(a) by direct provision of the law, or This necessarily means that the powers are to
(b) by popular election, or be exercised for the benefit of the public.
(c) by appointment by competent ● This delegation is the most important
authority. element of a public office and distinguishes
it from private employment or a contract.
The Independent Realty Group of Companies [Laurel v. Desierto, G.R. No. 145368 (2002)]
(IRC) is a sequestered stock corporation, ● The sovereign powers delegated are either
composed of various corporations surrendered legislative, executive or judicial in nature.
by a former Marcos crony to the government [Id.]
and supervised by PCGG. A member of its Board
of Directors thus exercises functions for public Hence, there may be certain GOCCs which,
benefit, namely, management of sequestered though created by law, are not delegated with a
corporations and earning income for the portion of the sovereign powers of the
government. government (i.e. those that are purely
proprietary in nature), and thus may not be
Although he was not directly appointed by the considered as a public office.
President, he was appointed by the PCGG Chair
pursuant to a “Desire Letter” of the President. (3) Powers conferred and duties
As members of the board of directors of imposed upon the office must
sequestered companies (under the PCGG) are be defined by the Constitution,
elected by virtue of "Desire Letters" issued by law, or legislative authority.
the President, this is equivalent to appointment
by her. Such member is therefore a public Directly or impliedly (e.g. by necessary
officer. [Quiogue v. Estacio, Jr., G.R. No. 218530 implication).
(2021)]
(4) Duties pertaining thereto are
Persons from the private sector who are performed independently,
invested with some portion of the sovereign without control of a superior
functions of the government (e.g., the Private power.
Sector Representative of the National Book
Development Board), to be exercised by them General Rule: Duties must be performed
for the benefit of the public, are public officers. independently and without the control of a
[Javier v. Sandiganbayan, G.R. No. 147026 superior power other than the law.
(2009)]
Exception: Duties of an inferior or subordinate
Elements of a Public Office office that was created or authorized by the
[DE LEON, citing State Ex Rel. Barney v. Hawkins, Legislature and which inferior or subordinate
257 P. 411 (Montana Supreme Court, 1927)] office is placed under the general control of a
superior office or body.
(1) Created by the Constitution,
law, or by authority of law. (5) Continuing and permanent in
nature.
A public office must be created by the (a) Also known as “unhindered performance.”
Constitution, (b) national legislation, or (c) ● Note: Permanence and continuity are not
municipal or subordinate legislation, via indispensable.
authority conferred by the Legislature ● Hence, even if the tenure of the Chair of the
National Centennial Commission (NCC) is
merely temporary, it is a public office. The
(2) Delegation of a portion of the NCC was an ad-hoc body that was created
sovereign powers of by an Executive Order to perform an
government executive and sovereign function—to

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coordinate the celebrations of the Philippine (3) Not a Natural Right

Centennial. [Laurel v. Desierto (2002)] The right exists only by virtue of a law expressly
○ While salary is a usual criterion for or impliedly creating and conferring it [Mathay,
determining the nature of a position, it Jr. v. CA, G.R. No. 124374 (1999)].
is not a necessary condition. The
material factor was the delegation of Creation, Modification, and Abolition
sovereign functions. [Id.]
○ While the Court has previously held that (1) Creation of Public Office
a town fiesta was of a proprietary General Rule: The creation of a public office is
nature, a town fiesta cannot compare to primarily a legislative function.
the National Centennial Celebrations,
which are nation-wide. There is no hard Exception:
and fast rule for determining the nature (a) Offices created by the Constitution itself.
of an undertaking or function. [Id.] (b) Offices created by a tribunal or body to
● Moreover, certain public offices exist only for which the power to create has been validly
a limited period, e.g. Election Board of delegated.
Canvassers.
Taken together, the above (statute or law,
Characteristics of a Public Office Constitution, or delegated power) are the 3
modes of creating public office.
(1) Not Property
N.B. The power to create a public office may be
General Rule: Public office is not property delegated by Congress, subject to the
under the due process clause. There is no requirements of a valid delegation of legislative
vested right to a public office. powers.

Exception: The delegation is limited by the Constitution and

● Public office is analogous to property in a the relevant statute. Hence, the president
limited context and due process may be cannot deprive courts of jurisdiction by requiring
invoked when the dispute concerns one ‘s administrative appeals prior to court action when
constitutional right to security of tenure. the statute does not provide for that limitation.
[Lumiqued v. Exevea, G.R. No. 117565 This is because the power to apportion
(1997)] jurisdiction is exclusively within the powers of
● Except constitutional offices which provide Congress. [See UST v. Board of Tax Appeals,
for special immunity as regards salary and G.R. No. 5701 (1953)]
tenure, no one can be said to have any
vested right in an office or its salary Modes of Creation of Public Office
[National Land Titles and Deeds Registration 1. By Constitution;
Commission v. Civil Service Commission, 2. By statute/law;
G.R. No. 84301 (1993)]. 3. By authority of law

(2) Not a Contract (2) Modification and Abolition of

Differs from a contract, which is limited in its Public Office
duration, specific in its objects, and subject to
the stipulations of parties. In public office, duties General Rule: The power to abolish a public
are generally continuing and permanent and office is lodged with the legislature. This
defined by law, not by agreement of the parties. proceeds from the legal precept that the power
[See Mechem] to create includes the power to destroy. [Buklod
ng Kawaning EIIB v. Zamora, G.R. No. 142801
(2001)].

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Exception: (1) Under Anti-Graft and Corrupt

(a) Where the Constitution prohibits such Practices Act
modification/abolition. [Eugenio v. Civil
Service Commission, G.R. No. 115863
(1995)] Sec. 2(b), R.A. No. 3019. (b) "Public
(b) The President has power to reorganize the officer" includes elective and appointive
Office of the President proper, pursuant to a officials and employees, permanent or
valid delegation [Admin. Code, tit. III, ch. temporary, whether in the classified or
10, sec. 31]. unclassified or exempt service receiving
compensation, even nominal, from the
The President’s power of control gives him government as defined in the preceding
authority to deactivate the functions of subparagraph.
particular offices. As far as bureaus,
agencies or offices in the executive
department are concerned, the President's "Government" includes “the national
power of control may justify him to government, the local governments, the
inactivate the functions of a particular office, government-owned and government-controlled
or certain laws may grant him the broad corporations, and all other instrumentalities or
authority to carry out reorganization agencies of the Republic of the Philippines and
measures [Buklod ng Kawaning EIIB v. their branches.” [Sec. 2(a), R.A. No. 3019]
Zamora, supra]
(2) Under the Revised Penal Code
Abolishing an office also abolishes
unexpired term Art. 203, Revised Penal Code. Who
The legislature’s abolition of an office (e.g. a
are public officers. - For the purpose of
court) also abolishes the unexpired term. The
legislative power to create a court carries with it
applying the provisions of this and the
the power to abolish it. [Ocampo v. Sec. of preceding titles of this book, any person
Justice, G.R. No. 7910 (1955)] who, by direct provision of the law,
popular election or appointment by
B. Statutory Definitions competent authority, shall take part in the
performance of public functions in the
Definition Government of the Philippine Islands, of
Generally, one who holds a public office. [De shall perform in said Government or in
Leon] “Public official” is ordinarily synonymous any of its branches public duties as an
with “public officer.” [Id.] employee, agent or subordinate official,
of any rank or class, shall be deemed to
“Public officer” has also been defined by
be a public officer.
statutes. Note that the statutory definitions
below are not all-encompassing, and apply
primarily with respect to the respective statutes The definition includes temporary employees for
themselves (e.g. the definition of “public as long as they perform public functions. Hence,
officers” in the Revised Penal Code is most a laborer temporarily in charge of issuing
relevant with regard to the provisions of the summons and subpoenas for traffic violations in
Revised Penal Code). a judge's sala may be convicted for bribery
under the Revised Penal Code. [People v.
Maniego, G.R. No. 2971, Apr. 20, 1951]

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(3) Under the Admin. Code of 1987 Rationale: Even if the Manila Railroad
Company was owned by the
Government, its funds were private
Sec. 2, Introductory Provisions, funds because the Court found that it
Admin. Code. was not imbued with governmental
(14) “Officer” as distinguished from powers. [Id.]
“clerk” or “employee”, refers to a person
whose duties, not being of a clerical or C. Classification of Public Offices
manual nature, involves the exercise of and Public Officers; De Jure and
discretion in the performance of the De Facto
functions of the government. When used
with reference to a person having
Constitutional
authority to do a particular act or perform Creation
a particular function in the exercise of Statutory
governmental power, “officer” includes
any government employee, agent or body National
having authority to do the act or exercise Public Body Served
that function. Local

Legislative
(15) “Employee” when used with Department of
reference to a person in the public government to
Executive
service, includes any person in the service which their
functions pertain
of the government or any of its agencies, Judicial
divisions, subdivisions or
instrumentalities. Civil
Nature of functions
Military
Who are not Public Officers
● Generally, persons holding offices or Exercise of Discretionary
employment which are not public offices, i.e. Judgment or
those missing one of the essential elements, Discretion Ministerial
supra.
● Examples: The following are not public De Jure
Legality of Title to
officers: office
(a) A concession forest guard, even when De Facto
appointed by a government agency, if
such appointment was in compliance Lucrative
with a requirement imposed by an Compensation
administrative regulation on the lumber Honorary
company who was also mandated to pay
the guard’s salaries. [Martha Lumber Mill 1. Elective vs. Appointive
v. Lagradante, G.R. No. 7599 (1956)]
Rationale: There was no public office in
this case. The Court further noted that Elective Appointive
the appointment by the government was
Occupy by virtue of Occupy by virtue of
only done to ensure the faithful
electorate designation by
performance of the guard’s duties. [Id.]
appointing authority
(b) A company cashier of a private
corporation owned by the government.
They are elected to Some appointive
[See Tanchoco v. GSIS (1962)]

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3. Primarily Confidential vs.

an office for a definite officials hold their
Non-Confidential
term and may be office in a permanent
removed therefrom capacity and are
only upon stringent entitled to security of Confidential Non-Confidential
conditions. tenure while others
serve at the pleasure The tenure of officials The tenure is based
of the appointing holding primarily on a set period.
authority. confidential positions
ends upon loss of
Not deemed resigned Deemed resigned confidence, because
after filing COC [Fair after filing COC while their term of office
Election Act, Sec. 14] in office [OEC, Sec. lasts only as long as
66; Fariñas v. confidence in them
Executive Secretary] endures, and thus
their cessation
involves no removal.
2. Career vs. Non-Career
[Griño v. CSC]

Career Non-Career It is the nature of the position which finally

determines whether a position is primarily
Entrance based on Entrance on bases confidential, policy determining or highly
merit and fitness to other than those of technical (Piñero v. Hechanova; Borres v. CA)
be determined as far the usual tests of
as practicable by merit and fitness
4. De Jure vs. De Facto
competitive utilized for the career
examination, or service
based on highly De Jure De Facto
technical
qualifications Requisites

Security of tenure Tenure which is 1. A de jure office; 1. De jure office;

limited to a period
specified by law, or 2. He is legally 2. He assumed office
which is coterminous qualified for the under color of
with that of the office; right or general
appointing authority acquiescence by
or subject to his 3. He is lawfully the public;
pleasure, or which is chosen to such
limited to the office; 3. He actually and
duration of a physically
particular project for 4. He undertakes to possessed the
which purpose perform the duties office in good
employment was of such office faith.
made according to law’s
prescribed mode.

Basis of authority

Right: Reputation: He
possesses office and
He has the lawful performs its duties

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(a) Election - selection or designation by

De Jure De Facto
popular vote. Covered extensively under
Election Law.
right / title to the under color of right,
(b) Appointment - the act of designation by
office but he is not
the executive officer, board, or body to
technically qualified
whom that power has been delegated, of
to act in all points of
the individual who is to exercise the powers
law
and function of a given office.
How ousted
However, a person may also acquire title to
Cannot be ousted. In a direct proceeding public office through two other means,
(quo warranto); (c) Succession by operation of law - when
the office to which one succeeds is legally
(collaterally) vacated
(d) Direct provision of law - such as when
Validity of official acts the office is validly held in an ex-officio capacity
by a public officer
Valid, subject to Valid as to the public
exceptions (e.g., until his title to the A. Appointment
acting beyond his office is adjudged
insufficient. 1. Nature and
scope of authority,
Characteristics of
etc.)
Appointments
Rule on Compensation a. Appointment is a discretionary power.
Rightfully entitled to Conditionally entitled
“Appointment is an essentially discretionary
compensation; to receive
power and must be performed by the officer in
compensation: only
which it is vested according to his best lights,
when (1) no de jure
the only condition being that the appointee
officer is declared and
The principle "No should possess the qualifications required by
(2) de facto officer
work, no pay" is law. If he does, then the appointment cannot be
possesses and
faulted on the ground that there are others
inapplicable to him. actually discharges
better qualified who should have been
the office in good
preferred.” [Luego v. CSC, G.R. No. 69137
faith.
(1986)]

Scope of discretion: The discretion of the

He is paid only for
appointing authority is not only in the choice of
actual services
the person who is to be appointed but also in
rendered.
the nature and character of the appointment
intended (i.e., whether the appointment is
II. MODES OF ACQUIRING TITLE permanent or temporary).
TO PUBLIC OFFICE
Generally, a Political Question: Appointment
is generally a political question involving
A public office can only be obtained in the
considerations of wisdom which only the
manner prescribed by the Constitution or law.
appointing authority can decide.
● Exception: Appointments requiring
Generally, the two modes of acquiring title to
confirmation by the Commission on
public office are (a) election and (b)
Appointments. In such cases, the
appointment.

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Commission on Appointments may review No. 1275]. The phrase “upon recommendation
the wisdom of the appointment and has the of the Secretary of Justice” should be
power to refuse to concur with it even if the interpreted to be mere advice. It is persuasive in
President's choice possessed all the character, but is not binding or obligatory upon
qualifications prescribed by law. [Luego v. the person to whom it is made. [Bermudez v.
CSC (1986)] Torres, G.R. No. 131429 (1999)]
● N.B. The Secretary of Justice is under the
Power of CSC to recall appointments does control of the President. The rule is different
not include control of discretion: The CSC with respect to recommendations made by
has authority to recall an appointment which has officers over whom the appointing power
been initially approved when it is shown that the exercises no power of control, e.g. as the
same was issued in disregard of pertinent laws, recommendation by the Governor of a
rules and regulations. However, it does not have Province to the Secretary of the Department
the power to recall an appointment on the of Budget and Management in the
ground that another person is better qualified. appointment of a Provincial Budget Officer.
[See Luego v. CSC (1986)] In the said example, the recommendation
by the Governor is a condition sine qua non
The promotion of the “next-in-rank” is not for the validity of the appointment. [See San
mandatory: here is a preference for the Juan v. CSC, G.R. No. 92299 (1991)]
next-in-rank in the Civil Service Law [see Sec.
21(1)-(6), Bk. V, Admin. Code (Civil Service Courts will act with restraint: Generally, as
Law)]. However, it does not impose a “rigid or regards the power of appointment, courts will
mechanistic formula” that requires the act with restraint. Hence, mandamus will not lie
appointing power to select the more senior to require the appointment of a particular
officer. Unless the law speaks in the most applicant or nominee.
mandatory and peremptory tone, there should ● Exceptions:
be full recognition of the wide scope of the (1) When there is grave abuse of discretion,
discretionary authority to appoint. [Reyes v. prohibition or mandamus will lie. [See
Abeleda, G.R. No. 25491 (1968)] Aytona v. Castillo, G.R. No. 19313
● There is no requirement that a vacancy (1962), on the midnight appointments
“must be filled by promotion, transfer, of President Garcia.]
reinstatement, reemployment or (2) Where the palpable excess of authority
certification, in that order. That would be to or abuse of discretion in refusing to
construe the provision not merely as a issue promotional appointments would
legislative prescription of qualifications but lead to manifest injustice, mandamus
as a legislative appointment, repugnant to will lie to compel the appointing
the Constitution. What [the law] does authority to issue said appointments.
purport to say is that as far as practicable [Pineda v. Claudio, G.R. No. 29661
the person next in rank should be promoted, (1967)]
otherwise the vacancy may be filled by
transfer, reinstatement, reemployment or b. Appointment is generally an executive
certification, as the appointing power sees function.
fit, provided the appointee is certified to be
qualified and eligible.” [Pineda v. Claudio, General Rule: “Appointment to office is
G.R. No. 29661 (1967)] intrinsically an executive act involving the
exercise of discretion.” [Concepcion v. Paredes,
“Upon recommendation” is merely G.R. 17539 (1921)]
advisory: In cases of provincial and city ● Exceptions:
prosecutors and their assistants, they shall be (1) Congress may appoint its own officials
appointed by the President “upon the and staff. [See Spinger v. Government
recommendation of the Secretary” [Sec. 10, P.D. (1928)]

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(2) When the Constitution vests the powers power to choose and constitutes an irregular
in another branch of the State (i.e. restriction on the power of appointment.”
Judiciary, Sec. 5(6), Art. VIII) or an [Flores v. Drilon (1993)] In this case, the
independent office (e.g. Constitutional law assailed provided that “for the first year
Commissions, Sec. 4, Art. IX-A; of its operations from the effectivity of this
Ombudsman, Sec. 6, Art. XI; Act, the mayor of the City of Olongapo shall
Commission on Human Rights, Sec. be appointed [by the President] as the
18(10), Art. XIII). chairman and chief executive officer of the
● The power to appoint may be granted by Subic Authority.”
law to officials exercising executive ● N.B. This is not to be confused with the
functions. This is expressly sanctioned by power of Congress to appoint its own staff
the provision which holds that “Congress and officials, supra.
may, by law, vest the appointment of other
officers lower in rank […] in the heads of c. Appointment v. Designation
departments, agencies, commissions, or
boards.” [Sec. 16, Art. VII, Constitution] Designation Appointment
○ Congress cannot vest such power in
officials not mentioned in the above Definition Imposition Appointing
provision, such as heads of bureaus. [DE of additional authority selects
LEON] duties upon an individual who
○ The power of local chief executives to existing will occupy a
appoint local government employees office. certain public
under the Local Government Code is office.
separately sanctioned in the power of
Congress to “provide for the Extent of Limited Comprehensive
qualifications, election, appointment and Powers
removal, term, salaries, powers and
functions and duties of local officials, Security No. The Yes
and all other matters relating to the of Tenure designation
organization and operation of the local may be
units.” [Sec. 3, Art. X, Constitution] revoked at
will.
Must be unhindered by Congress: The [Binamira v.
President’s power to appoint under the Garucho,
Constitution should necessarily have a G.R. No.
reasonable measure of freedom, latitude, or 92008
discretion in choosing appointees. [Cuyegkeng v. (1990)]
Cruz, G.R. No. 16263 (1960)]
Abandon No. While Yes.
Legislative appointments: Legislative ment of assuming
appointments are repugnant to the Constitution. “Prior” the A public officer
[Pineda v. Claudio, G.R. No. 29661 (1967)] Office designated who later accepts
● Effectively legislative appointments functions or even a temporary
also prohibited: “When Congress clothes if the appointment
the President with the power to appoint an designation terminates his
officer, it (Congress) cannot at the same is revoked, relationship with
time limit the choice of the President to only the public his former office.
one candidate. […] when the qualifications officer may [Romualdez III v.
prescribed by Congress can only be met by perform the CSC (1991)]
one individual, such enactment effectively functions of
eliminates the discretion of the appointing

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the “prior” Permanent Temporary

office.
by the by the CA is confirmation
Commission required for by the CA is
2. Classification of on the office. required for
Appointments Appointments the office.
(e.g. Acting
a. Permanent and Temporary
Secretaries of
Executive
Permanent Temporary Departments)

Includes (if (1) Regular Acting Constitutional “No officer or “Temporary

appointment appointments appointments protection employee of employees of
is by the (i.e. while . the civil the
President) Congress is in service shall Government
session); and be removed shall be given
(2) Ad or suspended such
interim except for protection as
appointments cause may be
. provided by provided by
law.” [Sec. law.” [Sec.
Eligibility Permanent Generally, 2(3), Art. 2(6), Art.
Requirements appointees required. IX-B] IX-B]
must be (1) However, “in
eligible and the absence Security of Yes. No. [Sevilla v.
(2) qualified. of Tenure CA, G.R. No.
appropriate 88498
“A permanent eligibles, [a (1992)]
appointment person
can issue otherwise Duration Until lawful (1) Until a
only to a ineligible] termination. permanent
person who may be appointment
possesses all appointed to is issued to
the it merely in a the same or
requirements temporary different
for the capacity.” person; or
position to [CSC v. (2) Until the
which he is Darangina appointee
being (2007)] removed by
appointed, the
including the appointing
appropriate power
eligibility.”
[CSC v. Exception:
Darangina, Fixed-Period
G.R. No. Temporary
167472 Appointments
(2007)] , which may
be revoked
Subject to Yes, if No, even prior to the
confirmation confirmation when end of the

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Permanent Temporary Appointments, appoint the heads of the

executive departments, ambassadors,
term only for other public ministers and consuls, or
valid cause
officers of the armed forces from the rank
of colonel or naval captain, and other
● Temporary appointment: “one made in officers whose appointments are vested
an acting capacity, the essence of which lies in him in this Constitution. He shall also
in its temporary character and its appoint all other officers of the
terminability at pleasure by the appointing
Government whose appointments are not
power.” [CSC v. Darangina, G.R. No. 167472
otherwise provided for by law, and those
(2007)]
● Rationale for temporary appointments: whom he may be authorized by law to
“Such a temporary appointment is not made appoint. The Congress may, by law, vest
for the benefit of the appointee. Rather, an the appointment of other officers lower in
acting or temporary appointment seeks to rank in the President alone, in the courts,
prevent a hiatus in the discharge of official or in the heads of departments, agencies,
functions by authorizing a person to commissions, or boards.
discharge the same pending the selection of
a permanent appointee.” [CSC v. Darangina
Four Groups of Officers the President is
(2007)]
Authorized to Appoint [Sarmiento v. Mison,
● Is eligibility required for temporary
G.R. No. 79974 (1987)]
appointments?
o Generally, a temporary appointee must (1) Specifically enumerated under Sec. 16, Art.
VII of the Constitution, i.e.:
be eligible.
(a) Heads of the executive departments;
o Exception: “in the absence of
(b) Ambassadors;
appropriate eligibles, [a person
(c) Other public ministers and consuls;
otherwise ineligible] may be appointed
(d) Officers of the armed forces from the
to it merely in a temporary capacity.”
rank of colonel or nava captain;
[CSC v. Darangina (2007)]
(e) Other officers whose appointments are
● An acting appointee has no entitlement to
vested in him by the Constitution;
the office. Hence, he has no personality to
(2) All other officers of the Government whose
bring a quo warranto action against the
appointments are not otherwise provided for
permanent appointee to the position.
by law;
[Sevilla v. CA, G.R. No. 88498 (1992)]
(3) Officers whom the President may be
● When temporary appointments are not
authorized by law to appoint;
allowed: In no case shall any Member [or
(4) Officers lower in rank whose appointments
Chair] of the (a) Civil Service Commission,
the Congress may by law vest in the
(b) Commission on Elections, or (c)
President alone.
Commission on Audit be appointed or
designated in a temporary or acting
i. Appointments Requiring and Not
capacity. [Sec. 1(2), Art. IX-B; Sec. 1(2), Art.
Requiring Consent of the Commission on
IX-C; Sec. 1(2), Art. IX-D, Constitution]
Appointments (“Confirmation”)
b. Presidential Appointments
Requiring CA Not Requiring
Confirmation CA Confirmation
Art. VII, Sec. 16 (1), 1987
Constitution Appointments (a) Heads of All other
The President shall nominate and, with covered the executive presidential
the consent of the Commission on departments; appointments.

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● The President does not have the

(b)
prerogative to voluntarily submit an
Ambassadors; Explicitly
appointment for confirmation by the CA.
(c) Other exempted from
[Bautista v. Salonga, G.R. No. 86439
public the confirmation
(1989)]
ministers and requirement
consuls; under the
ii. Regular and Ad Interim [Matibag v.
(d) Officers of Constitution:
the armed (1) Benipayo, G.R. No. 149036 (2002)]
forces from Vice-President
the rank of as a member of Art. VII, Sec. 16 (2), 1987
colonel or the cabinet Constitution
nava captain; [Sec. 3, Art. The President shall have the power to
(e) Other VII];
make appointments during the recess of
officers (2) Members of
whose the Congress, whether voluntary or
the Supreme
appointments Court and compulsory, but such appointments shall
are vested in judges of lower be effective only until disapproved by the
him by the courts [Sec. 9, Commission on Appointments or until the
Constitution Art. VIII]; next adjournment of the Congress.
(unless the (3) The
Constitution Ombudsman The classification of whether an appointment is
provides that and his deputies regular or ad interim is relevant for the purposes
“such [Sec. 9, Art. XI]. of the requirement of CA confirmation.
appointments
require no
confirmation” Regular Ad Interim
).
Definition Appointments Appointments
Legal Basis [Par. 1, Sec. 16, Art. VII, and made while made “during the
Constitution] Constituti Congress is in recess of the
onal Basis session. Congress,
whether
Generally, officers whose appointments are
voluntary or
vested in the President by the Constitution
compulsory.”
require confirmation by the Commission on
[Id.]
Appointments (CA) (e.g. chairmen and members
of the Constitutional Commissions, regular Nature of Permanent Permanent
members of the Judicial and Bar Council). the
appointm
As a general exception, appointments subject to ent
nomination by the Judicial and Bar Council (i.e.
members of the judiciary, and the Ombudsman Steps in (1) President (1) President
and his deputies) “require no confirmation.” the nominates. nominates.
[Sec. 9, Art. VIII; Sec. 9, Art. XI, Constitution] Appointm (2) CA (2) Commission
● The list of appointments requiring ent confirms. is issued.
confirmation is exclusive. Congress Process (3) Commission (3) Appointee
cannot, by law, require confirmation by is issued. accepts, qualifies
the CA for a public office created by for office [i.e.
statute. This would be unconstitutional [The takes the oath],
as it expands the powers of the CA. Commission is and assumes his
[Calderon v. Carale, G.R. No. 91636 a document duties.
(1992)]

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○ Renewal of bypassed appointment:

serving as the (4) CA confirms.
“A bypassed appointment is one that
written
has not been finally acted upon on the
evidence of the
merits by the Commission on
appointment.]
Appointments at the close of the session
(4) Appointee
of Congress. There is no final decision
accepts,
by the Commission on Appointments to
qualifies for
give or withhold its consent to the
office [i.e.
appointment as required by the
takes the
Constitution. Absent such decision, the
oath], and
President is free to renew the ad interim
assumes his
appointment of a by-passed appointee.”
duties.
[Matibag v. Benipayo (2002)]
When the Upon Immediately ● Commission: A document serving as the
appointee confirmation by after written evidence of the appointment. It is
may take the CA. appointment, the warrant for the exercise of the powers
oath and subject to (a) and duties of the office to which the officer
assume disapproval by is commissioned. [DE LEON]
office the CA or (b)
“bypass” by the 3. Rules on Acceptance and
CA, infra. Revocation

a. Four Elements of a Valid, Effective, and

● Ad interim appointments to the Completed Appointment
Constitutional Commissions are permanent (i) Authority to appoint and evidence of the
and irrevocable appointments. Such do not exercise of the authority;
violate the Constitutional prohibition against (ii) Transmittal of the appointment paper
acting appointments to these commissions. and evidence of the transmittal;
[See Matibag v. Benipayo (2002)] (iii) A vacant position at the time of
● Termination of ad interim appointment; and
appointments: Three cases: (iv) Receipt of the appointment paper and
○ Disapproval by the CA; acceptance of the appointment by the
○ “Bypass” by the CA: When the CA does appointee who possesses all the
not act on the ad interim appointment qualifications and none of the
prior to the next adjournment of disqualifications.
Congress; [Matibag v. Benipayo (2002)]
or “The [above] elements should always concur in
○ Revocation of the appointment by the the making of a valid (which should be
President, unless prohibited by the understood as both complete and effective)
Constitution [as in the case of the appointment […] The concurrence of all these
chairman and members of the elements should always apply[.] These steps in
Constitutional Commission]. the appointment process should always concur
● Disapproval v. Bypass: An ad interim and operate as a single process. There is no
appointee disapproved by the COA cannot valid appointment if the process lacks even one
be reappointed. But a by-passed appointee, step.” [Velicaria-Garafil v. Office of the President,
or one whose appointment was not acted G.R. No. 203372 (2015)]
upon the merits by the CA, may be
appointed again by the President, because ● Appointment not final without
failure by the CA to confirm an ad interim transmittal: “It is not enough that the
appointment is not disapproval. [See President signs the appointment paper.
Matibag v. Benipayo (2002)] There should be evidence that the President
intended the appointment paper to be

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issued. It could happen that an appointment Exceptions:

paper may be dated and signed by the (a) The appointment is an absolute nullity. [Mitra
President months before the appointment v. Subido, G.R. No. 21961 (1967)]
ban, but never left his locked drawer for the ● Hence, if the appointment was a prohibited
entirety of his term. Release of the midnight appointment, it can be revoked by
appointment paper through the [Malacañang the (next) President en masse through
Records Office (MRO)] is an unequivocal act executive order. [See, e.g. Velicaria-Garafil,
that signifies the President’s intent of its supra; Aytona v. Castillo, supra]
issuance.” [Velicaria-Garafil v. Office of the (b) There is fraud on the part of the appointee.
President (2015)] [Id.]
● Hence, even if the appointment letter was
dated prior to the midnight appointments B. Election
ban, supra, cut-off date, for as long as the
transmittal to the MRO was after the cut-off Will be discussed in the Election Law section.
date, the appointment is unconstitutional for
violating the midnight appointments ban. III. ELIGIBILITY AND
[Id.]
QUALIFICATION
● N.B. The appointments in Velicaria-Garafil
did not require CA confirmation. It is REQUIREMENTS
submitted that the ruling would also apply
to appointments requiring CA confirmations, A. Definitions
subject to necessary modifications.
Eligibility: The state or quality of being legally
b. Rule on Acceptance fitted or qualified to be chosen

General Rule: A person cannot be compelled Qualification: Endowment/act which a person

to accept a public office. must do before he can occupy a public office.
Exceptions: When citizens are required, under May be understood in two senses:
conditions provided by law, to render personal (1) Endowment: refers to the qualities or
military or civil service (see Sec. 4, Art. II, attributes which make an individual eligible
Const.) for public office. It must be possessed at the
● N.B. See Art. 234, Revised Penal Code: “The time of appointment or election and
penalty of arresto mayor or a fine not continuously for as long as the official
exceeding 1,000 pesos, or both, shall be relationship continues
imposed upon any person who, having been (2) Act: refers to the act of entering into the
elected by popular election to a public office, performance of the functions of the office.
shall refuse without legal motive to be
sworn in or to discharge the duties of said N.B. Failure to perform an act required by law
office.” could affect the officer’s title to the given office.
● This is not an exception to the general rule,
but it merely punishes the failure to accept An oath of office is a qualifying requirement for
the elective public office. a public office. Only when the public officer has
satisfied this prerequisite can his right to enter
c. Irrevocability of a Valid, Effective, and into the position be considered plenary and
Completed Appointment complete. Until then, he has none at all, and for
as long as he has not qualified, the holdover
General Rule: An appointment, once made, is officer is the rightful occupant. [Lecaroz v.
irrevocable and not subject to reconsideration. Sandiganbayan, G.R. No. 130872 (1999)]
● The appointee enjoys security of tenure and
may only be removed (1) for cause and (2)
with due process.

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B. Power To Prescribe ● A proviso which limits the choices of the

Qualifications appointing authority to only one eligible
[Flores v. Drilon (1993)];
a. Who may Prescribe Qualifications ● Designating an unqualified person. The
(1) Constitution: When the qualifications are People's Court Act, which provided that the
prescribed by the Constitution, they are President could designate Judges of First
generally exclusive, except where the Instance, Judges-at-large of First Instance
Constitution itself provides otherwise; or Cadastral Judges to sit as substitute
Justices of the Supreme Court in treason
(2) Congress: In the absence of constitutional cases without them necessarily having to
inhibition, Congress has the same right to possess the required constitutional
provide disqualifications that it has to provide qualifications of a regular Supreme Court
qualifications for office. [DE LEON] Justice; [Vargas v. Rilloraza (1948)]
● Automatic transfer to a new office. A
b. Restrictions on the Power of legislative enactment abolishing a particular
Congress to Prescribe office and providing for the automatic
Qualifications: transfer of the incumbent officer to a new
(1) Congress cannot exceed its constitutional office created; [Manalang v. Quitorano
powers. (1954)]
(2) Congress cannot impose conditions of ● Requiring inclusion in a list. A provision that
eligibility inconsistent with constitutional impliedly prescribes inclusion in a list
provisions. submitted by the Executive Council of the
(3) The qualification must be germane to the Phil. Medical Association as one of the
position ("reasonable relation" rule). Bond qualifications for appointment; and which
requirements, where irrelevant to the position, confines the selection of the members of the
may thus be construed as an unconstitutional Board of Medical Examiners to the 12
property requirement, see below. persons included in the list. [Cuyegkeng v.
(4) Where the Constitution establishes specific Cruz, G.R. No. 16263 (1960)]
eligibility requirements for a particular
constitutional office, the constitutional criteria C. Time Of Possession Of
are exclusive, and Congress cannot add to them Qualifications
except if the Constitution expressly or impliedly
gives the power to set qualifications. Qualifications are of a continuing nature:
(5) Congress cannot prescribe qualifications so Qualification is of a continuing nature, and must
detailed as to practically amount to making a exist throughout the holding of the public office.
legislative appointment: it is unconstitutional Once the qualifications are lost, the public
and therefore void for being a usurpation of officer forfeits the office.
executive power.
No estoppel in ineligibility. Knowledge of the
Examples of Prohibited Qualifications in ineligibility of a candidate and failure to question
Jurisprudence: such ineligibility before or during the election is
● Drug testing for candidates for the House not a bar to questioning such eligibility after
and Senate, as the qualifications of such ineligible candidate has won and been
members of Congress are provided in the proclaimed. Estoppel will not apply in such a
Constitution. [See Social Justice Society v. case. [Castaneda v. Yap (1952)]
Dangerous Drugs Board, G.R. No. 157870
(2008)] A drug testing requirement for Presumption of eligibility: Doubts as to the
non-constitutional offices may be eligibility of a candidate are presumed in favor
constitutional. of one who has already been elected or
appointed to public office.

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“The right to public office should be strictly

construed against ineligibility. The right of a (3) Political qualifications
citizen to hold office is the general rule, for office
ineligibility the exception, and therefore, a
citizen may not be deprived of this right without Political qualifications refer to membership in
proof of some disqualification specifically political parties, including those registered in the
declared by law.” [DE LEON] party-list system.

D. Qualifications Prescribed By General Rule: Political qualifications are not

The Constitution For Certain required for public office.
Officers
Exceptions:
See Annex “A” (1) Membership in the electoral tribunals of
either the House of Representatives or Senate,
E. Particular Qualifications which requires proportional representation; [Art.
VI, Sec. 17, Const.]
(1) Religious test or (2) Party-list representation;
qualification is not (3) Commission on Appointments, which
required requires proportional representation; [Art. VI,
Sec. 18, Const.]
No religious test shall be required for the (4) Vacancies in local Sanggunians, except the
exercise of civil or political rights. [Sec. 5, Art. Sangguniang Barangay, which requires that the
III, Const.] appointee come from the same political party as
that of the sanggunian member who caused the
(2) Qualification standards vacancy [Sec. 45(b), Local Government Code]
and requirements under
the civil service law (4) No property
qualifications
Qualification standards enumerate the minimum
requirements for a class of positions in terms of Since sovereignty resides in the people, it is
education, training and experience, civil service necessarily implied that the right to vote and to
eligibility, physical fitness, and other qualities be voted should not be dependent upon a
required for successful performance. [Sec. 22, candidate’s wealth. Poor people should also be
Book V, Admin. Code] allowed to be elected to public office because
● The Departments and Agencies are social justice presupposes equal opportunity for
responsible for continuously establishing, both rich and poor. [Maguera v. Borra (1965);
administering and maintaining the Aurea v. COMELEC (1965)]
qualification standards as an incentive to ● The requirement that a candidate post a
career advancement. [Sec. 7, Rule IV, bond worth a year’s salary is
Omnibus Rules] unconstitutional for effectively imposing a
● Such establishment, administration, and property qualification. No person, by reason
maintenance shall be assisted and approved of poverty, should be denied the chance to
by the CSC and shall be in consultation with be elected to public office. [Maguera v.
the Wage and Position Classification Office Borra (1965)]
[Id.]
● It shall be established for all positions in the (5) Aliens are not eligible for
1st and 2nd levels [Sec. 1, Rule IV, Omnibus public office
Rules]
The purpose of the citizenship requirement is to
ensure that no alien, i.e., no person owing
allegiance to another nation, shall govern our

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people and country or a unit of territory thereof. [Sec. 7(1), Art. IX-B] unless they forfeit their
[Frivaldo v. COMELEC (1996)] seat
(c) Appointive officials shall not hold any other
(6) Effect of pardon upon governmental position, unless otherwise
the disqualification to allowed by law or his position’s primary
hold public office functions [Sec. 7(2), Art. IX-B]
● This is the general Constitutional
Traditional Rule: prohibition on holding multiple offices.
General Rule: Pardon will not restore the right There is a specific provision applicable
to hold public office. (Art. 36, Revised Penal to high-ranking officials of the executive
Code) department as explained in Civil
Exception: When the pardon’s terms expressly Liberties Union v. Executive Secretary,
restores such (Art. 36, RPC); see below.
● There is no violation of the
But see Risos-Vidal: If the wording of the pardon constitutional provision when another
is “complete, unambiguous, and unqualified,” it office is held by a public officer in an ex
includes the restoration of civil and political officio capacity (where one can’t receive
rights because it is “unfettered by Articles 36 compensation or other honoraria
and 41 of the Revised Penal Code.” [Id.] anyway), as provided by law and as
[Risos-Vidal v. COMELEC, G.R. No. 206666, required by the primary functions of his
January 21, 2015] office. [National Amnesty Commission v.
COA (2004)]
IV. DISABILITIES AND (4) Impeachment: “Judgment in cases of
INHIBITIONS OF PUBLIC impeachment shall not extend further than
removal from office and disqualification to hold
OFFICERS any office under the Republic of the
Philippines[.]” [Sec. 3(7), Art. XI]
A. Disqualifications To Hold
Public Office (2) Specific Constitutional
Disqualifications
Individuals who lack any of the qualifications
prescribed by the Constitution or by law for a
public office are ineligible (i.e., disqualified from Public Officer Disqualifications
holding such office).
The President, Shall not hold any other
Authority to prescribe disqualifications: Vice President, office or employment during
The legislature has the right to prescribe the Members of their tenure, unless
disqualifications in the same manner that it can the Cabinet and otherwise provided in the
prescribe qualifications, provided the prescribed their deputies or Constitution. (Art. VII, Sec.
disqualifications do not violate the Constitution. assistants 13) [See Civil Liberties
Union v. Executive
B. Constitutional Secretary, infra]
Disqualifications
Senator or (1) [Incompatible Office]
Member of the May not hold during his
(1) In General
House of term any other office or
Representatives employment in the
(a) Losing candidates cannot be appointed to
Government, or any
any governmental office within one year
subdivision, agency or
after such election. [Sec. 6, Art. IX-B]
instrumentality thereof,
(b) Elective officials during their tenure are
including government
ineligible for appointment or designation in
-owned or -controlled
any capacity to any public office or position

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Public Officer Disqualifications Public Officer Disqualifications

corporations or their from office. [Sec. 11, Art.

subsidiaries; XI]

(2) [Prohibited or Forbidden The President’s Shall not be appointed

Office] Shall also not be spouse and during President’s tenure
appointed to any office relatives by as:
when such was created or consanguinity or (1) Members of the
its emoluments were affinity within the Constitutional Commissions,
increased during his term. fourth civil or
[Sec. 13, Art. VI] degree (2) Office of the
Ombudsman, or
Members of the Shall not be designated to (3) (a) Secretaries, (b)
Supreme Court any agency performing undersecretaries, (c)
and other courts quasi-judicial or chairmen or heads of
established by administrative functions. bureaus or offices, including
law [Sec. 12, Art. VIII] government-owned-or
-controlled corporations.
Rationale: Anathema to [Sec. 13, Art. VII]
judicial independence, since
this would subject members
(3) On the holding of
of the judiciary to the
multiple offices by
power of control of
high-ranking executive
executive officials.
department officials
[Civil Liberties Union v. Executive Secretary, G.R.
Members of the (1) Shall not hold any other
No. 83896 (1991)]
Constitutional office or employment
Commission [during their tenure]. [Art.
IX-A, Sec. 2] [Art. XI, Sec. Art. VII, Sec. 13(1), 1987
8] Constitution
The President, Vice-President, the
(2) Must not have been Members of the Cabinet, and their
candidates for any elective
deputies or assistants shall not, unless
position in the elections
immediately preceding their
otherwise provided in this Constitution,
appointment. [Sec. 1, Art. hold any other office or employment
IX-B; Sec. 1, Art. IX-C; Sec. during their tenure.
1, Art. IX-D]
The prohibition in Sec. 13, Art. VII is a special
Ombudsman and (1) Same disqualifications rule in relation to Sec. 7, Art. IX of the
his Deputies and prohibitions as Constitution. [Civil Liberties Union v. Executive
members of the Secretary]
Constitutional Commission,
supra [Sec. 8, Art. XI]; plus Covered officials:
(a) President
(2) Shall not be qualified to (b) Vice-President
run for any office in the (c) Members of the Cabinet, and their
election immediately deputies or assistants
succeeding their cessation ● N.B. “Members of the Cabinet” here are
synonymous with “heads of the

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executive departments,” i.e. the from deriving, directly or indirectly, any

prohibition does not apply to all officers pecuniary benefit by virtue of their holding
of cabinet rank. [Civil Liberties Union v. of dual positions.
Executive Secretary, Resolution on the
Motion for Reconsideration; (2) Prohibition on Holding
Offices in the Private
General Rule: The holding of any other office Sector
or employment is prohibited for the covered
officials in Sec. 13, Art. VII. Section 7 (b)(1)of RA 6713 considers unlawful
Exceptions: for public officials and employees during their
(1) Unless otherwise provided in the incumbency to own, control, manage, or accept
Constitution (e.g. Secretary of Justice as ex employment as officer, employee, consultant,
officio member of the JBC); or counsel, broker, agent, trustee or nominee in
(2) Ex Officio positions any private enterprise regulated, supervised or
licensed by their office unless expressly allowed
Requirements for valid ex-officio holding: by law.
(1) The holding of the ex-officio office is
provided by law; Private Practice of the Profession: Section 7
(2) The holding is required by the primary of RA 6713 also generally provides for the
functions of their position; and prohibited acts and transactions of public
(3) The position is held without additional officials and employees. Subsection (b)(2)
compensation. prohibits them from engaging in the private
practice of their profession during their
C. Other Disqualifications And incumbency.
Prohibitions ● Exception: As an exception, a public
official or employee can engage in the
(1) In general practice of his or her profession under
the following conditions: (1) the private
(a) Mental or physical incapacity; practice is authorized by the
(b) Misconduct or crime: Persons convicted of Constitution or by the law; and (2) the
crimes involving moral turpitude are usually practice will not conflict, or tend to
disqualified from holding public office; conflict, with his or her official functions.
(c) Removal or suspension from office: This
disqualification is not presumed, and cannot (3) Prohibition on Nepotic
be imposed when not provided in the Appointments;
constitution or in statutes; Exceptions
(d) Previous tenure of office: See prohibitions
on reappointment for specific Constitutional General Rule on Nepotism: The Civil Service
offices; Law prohibits all appointments in the national
(e) Consecutive terms limit: and local governments or any branch or
(i) Vice-President: 2 consecutive instrumentality thereof made in favor of the
terms relative of:
(ii) Senator: 2 consecutive terms (a) appointing authority;
(iii) Representative: 3 consecutive (b) recommending authority;
terms (c) chief of the bureau or office; or
(iv) Elective local officials = 3 (d) person exercising immediate supervision
consecutive terms [Sec. 8, Art. over the appointee
X, Constitution]
(f) Holding more than one office: to prevent In the last two cases, it is immaterial who the
offices of public trust from accumulating in a appointing or recommending authority is. To
single person, and to prevent individuals constitute a violation of the law, it suffices that
an appointment is extended or issued in favor of

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a relative of the chief of the bureau or office, or ● While dual citizenship is involuntary,
the person exercising immediate supervision dual allegiance is the result of an
over the appointee [CSC v. Dacoycoy (1999)] individual’s volition.
● The phrase “dual citizenship” in R.A. No.
Relative: One who is related within the third 7160 [Local Government Code], sec.
degree of either consanguinity or of affinity. 40(d) must be understood as referring
[Sec. 59, Civil Service Law] to “dual allegiance.” The Constitutional
Commission was not with dual
Exceptions: The prohibition on nepotic citizens per se but with naturalized
appointments in the Civil Service Law does not citizens who maintain their allegiance to
apply if the appointee is: their countries of origin even after their
(a) person employed in a confidential capacity naturalization. [Mercado v. Manzano
(b) teachers (1999)]
(c) physicians
(d) member of the Armed Forces of the V. POWERS AND DUTIES OF
Philippines PUBLIC OFFICERS
(4) Disqualifications in the
A. Classification of Powers and
Local Government Code
Duties
The following persons are disqualified from
running for any elective local position: (1) In General
(a) Sentenced by final judgment for an offense
involving moral turpitude or for an offense (a) Rights incident to public
punishable by 1 year or more of imprisonment, office
within 2 years after serving sentence;
(b) Removed from office as a result of an The rights of one elected or appointed to office
administrative case; are, in general, measured by the Constitution or
(c) Convicted by final judgment for violating the the law under which he was elected or
oath of allegiance to the Republic; appointed.
(d) Dual citizenship;
(e) Fugitive from justice in criminal or (b) Rights as a citizen
non-political cases here or abroad;
(f) Permanent residents in a foreign country or (i) Protection from
those who have acquired the right to reside publication
abroad and continue to avail of the same right commenting on his
after the effectivity of the Local Government fitness and the like.
Code; or
(g) Insane or feeble-minded. [Sec. 40, Local However, by reason of the public character of his
employment or office, a public officer is, in
Government Code]
general, held not entitled to the same protection
from publications commenting on his fitness and
Dual citizenship is different from dual
the like, as is accorded to the ordinary citizen.
allegiance.
● Dual citizenship arises when, as a result
(ii) Engaging in certain
of the concurrent application of the
political and business
different laws of two or more states, a
activities, see above
person is simultaneously considered a
national by the said states.
(2) Right to salary
● Dual allegiance, on the other hand,
refers to the situation in which a person
Salary – personal compensation to be paid to
simultaneously owes, by some positive
act, loyalty to two or more states. the public officer for his services, and it is

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generally a fixed annual or periodical payment

depending on the time and not on the amount (ii) Right to protection
of the services he may render of temporary
● The salary of a public officer may not, employees
by garnishment, attachment or order of
execution, be seized before being paid As may be established by law [Section 2(6), Art.
to him and, appropriated for the IX-B, Const.] to prevent indiscriminate dismissals
payment of his debts. and to see to it that their separation or
● The rationale behind this doctrine is replacement is made only for justifiable reasons
obvious consideration of public policy.
The functions and public services (iii) Right not to be
rendered by the State cannot be allowed removed or
to be paralyzed or disrupted by the suspended except
diversion of public funds from their for cause provided
legitimate and specific objects, as by law
appropriated by law. [De la Victoria v.
Burgos, (1995)] [Section 2(3), Art. IX-B, Const.] Implicit in the
constitutional prohibition against removal or
(a) Right to Back Salaries – back salaries are suspension except for cause, is the existence of
payable to an officer illegally dismissed or a charge, due hearing, and the finding of guilt
otherwise unjustly deprived of his office, the by the proper authority.
right to recover accruing from the date of
deprivation. See further discussion under (b) Rights under the Civil
Preventive Suspension. Service Decree [P.D. No.
807] and the
(3) Other Rights Administrative Code

(a) Rights under the (i) Right to preference

Constitution in promotion [Sec.
19, P.D. No. 807]
(i) Right to
self-organization (ii) Right to present
complaints and
Right to Form Unions: The right to grievances [Sec. 35,
self-organization shall not be denied to P.D. No. 807]
government employees. [Sec. 2(5), Art. IX-B,
Constitution]. Government employees in the civil (iii) Right not to be
service are granted the right to form unions suspended or
enjoyed by workers in the private sector. dismissed except
for cause as
No Right to Strike: However, the constitutional provided by law
grant to government workers of the right to and after due
form labor organizations or unions does not process [Sec. 36,
guarantee them the right to bargain collectively P.D. No. 807]
with the government or to engage in concerted
activities including the right to strike, which are (iv) Right to organize
enjoyed by private employees. They are [Sec. 36, Bk. V, tit. I,
prohibited from staging strikes, demonstrations, subtitle A, ADMIN
mass leaves, walk-outs and other forms of mass CODE]
actions which will result in temporary stoppage
or disruption of public services. [See SSS
Employees Ass’n v. CA, G.R. No. 85279 (1989)]

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VI. LIABILITIES OF PUBLIC (1) Administrative

OFFICERS The purpose of administrative proceedings is
mainly to protect the public service, based on
A. Liability in General the time-honored principle that a public office is
a public trust [Ferrer, Jr. v. Sandiganbayan, G.R.
Presumption of Regularity No. 161067 (2008)].
Such presumption of regularity of performance
of official duty stands only when no reason Quantum of Evidence: Substantial
exists in the records by which to doubt the Evidence
regularity of the performance of official duty. In administrative proceedings, only substantial
The presumption is rebuttable by affirmative evidence is required [Acuzar v. Jorolan, G.R. No.
evidence of irregularity or of any failure to 177878 (2010)].
perform a duty [People v. Arposeple y Sanchez,
G.R. No. 205787 (2017)]. Substantial evidence refers to such relevant
B. Kinds of Liability evidence as a reasonable mind might accept as
adequate to support a conclusion [Paredes v.
Threefold Liability Rule CA, G.R. No. 169534 (2007)].
Under the threefold liability rule, a public officer
may be held civilly, criminally, and (2) Criminal
administratively liable for a wrongful act or The purpose of criminal prosecution (as opposed
omission. The administrative liability is separate to administrative proceedings) is the punishment
and distinct from the penal and civil liabilities. of crime [Ferrer v. Sandiganbayan, supra].
Thus, the dismissal of an administrative case
does not necessarily bar the filing of a criminal Quantum of Evidence: Proof Beyond
prosecution for the same or similar acts, which Reasonable Doubt
were the subject of the administrative complaint In criminal cases, proof beyond reasonable
[Tecson v. Sandiganbayan, G.R. No. 123045 doubt is needed [Acuzar v. Jorolan, supra].
(1999)]. Proof beyond reasonable doubt does not mean
such a degree of proof as, excluding possibility
General Rule: The action that may result for of error, produces absolute certainty. Moral
each liability may proceed independently of one certainty only is required, or that degree of
another, as the quantum of evidence required in proof which produces conviction in an
each case is different. unprejudiced mind [Paredes v. CA, supra].

Exception: Where the very basis of the (3) Civil

administrative case is conviction in the criminal
action which was later on set aside upon a Civil Claims of the Government: The main thrust
categorical and clear finding that the acts for of the Administrative Code is to exact
which the officer was administratively held liable accountability from public officials in the
are not unlawful and irregular, the acquittal of performance of official duties. For this reason,
the officer in the criminal case necessarily entails the Administrative Code requires a clear showing
the dismissal of the administrative action against of bad faith, malice, or gross negligence on the
them [Larin v. Executive Secretary, G.R. No. part of the public officer in the performance of
112745 (1997)]. official duties before recovery of losses to the

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government may be sought [Madera v. the State, and an action against the officials or
Commission on Audit, G.R. No. 244128 (2020)]. officers by one whose rights have been invaded
or violated by such acts, for the protection of his
rights, is not a suit against the State[.]”
Civil Claims of Private Parties: If the
[Ministerio v. Court of First Instance of Cebu,
administrative violation or wrongful act results in supra]
damages to an individual, the public officer may
be held civilly liable to reimburse the Presidential Immunity from Suit
injured party. If the law violated attaches a
penal sanction, the erring officer may also be General Rule: The President shall be immune
punished criminally. Finally, such violation may from suit during his tenure.
Exception: Impeachment [Sec. 2 Art. XI,
also lead to suspension, removal from office, or
Constitution]
other administrative sanctions [Ramiscal v.
Commission on Audit, G.R. No. 213716 (2017)]. While the President is immune from suit, she
may not be prevented from instituting a suit.
C. Immunity [Soliven v. Makasiar, G.R. No. 82585 (1988)]

General Rule: The doctrine of official immunity During his Presidency, the President is immune
applies to complaints filed against public officials from all administrative, criminal, and civil action.
for acts done in the performance of their duties. [De Lima v. Duterte, G.R. No. 227635 (2019)]

Rationale However, a non-sitting President does not enjoy

The doctrine of official immunity is traced to the immunity from suit, especially for unauthorized
doctrine of state immunity. Even if officials are or private acts committed during the latter’s
the named defendants, “where a litigation would tenure. This includes for crimes he committed as
result in a financial responsibility for the President, regardless of whether these were
government, whether in the disbursements of subject of an impeachment. [See In the Matter
funds or loss of property. Under such of the Petition for the Writ of Amparo and
circumstances, the liability of the official sued is Habeas Data in favor of Noriel H. Rodriguez;
not personal. The party that could be adversely Rodriguez v. Macapagal-Arroyo (2011)].
affected is the government.” [Ministerio v. Court
of First Instance of Cebu, G.R. No. L-31635 VII. TERMINATION OF OFFICIAL
(1971)” RELATIONS
Exceptions:
A. Expiration of the term or
(1) Where the public official is charged in his
official capacity for acts that are unlawful and tenure of office
injurious to the rights of others.
(2) Where the public official is clearly being sued General rule: Upon the expiration of the
not in his official capacity but in his personal officer’s term, his rights, duties and authority as
capacity, although the acts complained of may a public officer must ipso facto cease.
have been committed while he occupied a public Exception: Unless he is authorized by law to
position [Lansang v. CA, G.R. No. 102667 hold over.
(2000)].
(3) Suit to compel performance of official duty Term of Office Tenure of Office
(e.g., mandamus) or restrain performance of an
act (e.g., certiorari and prohibition). The time during the period during
“Inasmuch as the State authorizes only legal which the officer may which the incumbent
acts by its officers, unauthorized acts of claim to hold the actually holds office.
government officials or officers are not acts of office as of right and

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fixes the interval after C. Resignation

which the several
incumbents shall Concept
succeed one another. Resignation implies an expression of the
incumbent in some form, express or implied, of
the intention to surrender, renounce, and
Absent an express or implied constitutional or relinquish the office and the acceptance by
statutory provision to the contrary, an officer is competent and lawful authority [Gamboa v. CA,
entitled to stay in office until his successor is G.R. No. L-41054 (1975)].
appointed or chosen and has qualified. The
legislative intent of not allowing holdover must Requisites
be clearly expressed or at least implied in the In order for resignation to be complete and
legislative enactment, otherwise it is reasonable operative, there must be:
to assume that the law-making body favors the 1. An intention to relinquish a part of the term;
same [Lecaroz v. Sandiganbayan, [Link]. 2. The act of relinquishment, and;
130872 (1999)]. 3. An acceptance by the proper authority
[Republic v. Singun, G.R. No. 149356
The application of the hold-over principle (2008)].
preserves continuity in the transaction of official
business and prevents a hiatus in government Acceptance of Resignation Necessary
pending the assumption of a successor into Mere presentation of resignation does not work
office. Cases of extreme necessity justify the as a vacancy. Until acceptance by proper
application of the hold-over principle [Sambarini authority, the tender or offer to resign is
v. COMELEC, [Link]. 160427 (2004)]. revocable, unless otherwise provided by statute
[Joson III v. Nario, G.R. No. 91548 (1990)].
B. Involuntary Retirement
Acceptance is necessary for resignation of a
Retirement is the termination of one’s own public officer to be operative and effective.
employment or career, especially upon reaching Otherwise, the officer is subject to the penal
a certain age or for health reasons. To withdraw provision of Art. 238 of the Revised Penal Code
is to withdraw from one’s position or occupation, on Abandonment of Office or Position. Although
or to conclude one’s active working life or a public officer cannot abandon his office or
professional career. position before his resignation is accepted, the
incumbent official would not be in a position to
Retirement is involuntary when one’s profession determine the acceptance of his resignation
is terminated for reasons outside the control and unless he has been duly notified thereof
discretion of the worker. Impeachment resulting [Gamboa v. CA, supra].
in removal from holding office falls under the
column on involuntary retirement. Totality Test
Since petitioner Estrada did not write any formal
Having been removed by the Congress from letter of resignation before he evacuated
office with a lifetime ban from occupying any Malacañang Palace, whether or not he resigned
and all future public posts, but without a proper has to be determined from his act and omissions
determination of or even a basis for any before, during and after January 20, 2001, or by
recoverable liability under the law due to causes the totality of prior, contemporaneous and
beyond his control, Chief Justice Corona may be posterior facts and circumstantial evidence
considered involuntarily retired from public bearing a material relevance on the issue.
service [Re: Ma. Cristina Roco Corona, supra].
The validity of a resignation is not governed by
any formal requirement as to form. It can be
oral. It can be written. It can be express. It can
be implied. As long as the resignation is clear, it

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must be given legal effect [Estrada v. Desierto, N.B. This refers to general incompatibility,
G.R. No. 146710 (2001)]. distinguishable from instances when the
Constitution or the law itself declares that
D. Abandonment acceptance of a second office forfeits the first
(e.g., a member of Congress accepting a cabinet
Concept position, see Section 13, Article VI, Const.).
The voluntary relinquishment of an office by the
holder, with the intention of terminating his F. Removal
possession and control thereof.
Removal – It is the forcible and permanent
A person holding a public office may abandon separation of the incumbent from office before
such office by nonuser or acquiescence. the expiration of his term [Ingles v. Mutuc, G.R.
Non-user refers to a neglect to use a right or No. L-20390 (1968)]. It may be express or
privilege or to exercise an office. However, implied.
nonperformance of the duties of an office does Modes of Implied Removal
not constitute abandonment where such
nonperformance results from temporary (1) Appointment of another officer in the place
disability or from involuntary failure to perform. of the incumbent - operates as a removal if
the latter was notified [De Leon].
Abandonment may also result from an
acquiescence by the officer in his wrongful (2) Transfer
removal or discharge, for instance, after a
summary removal, an unreasonable delay by an The transfer of an officer or employee without
officer illegally removed in taking steps to his consent from one office to another, whether
vindicate his rights may constitute an it results in promotion or demotion,
abandonment of the office [Canonizado vs. advancement or reduction in salary, is equivalent
Aguirre, G.R. No. 133132 (2001)]. to his illegal removal or separation from the first
office. [Gloria v. Court of Appeals, G.R. No.
Elements of Abandonment 131012 (2000)]
The two elements of abandonment of office are:
1. An intention to abandon; A temporary transfer or assignment of personnel
2. An overt or external act by which the is, however, permissible even without the
intention is carried into effect [Canonizado v.
employee’s prior consent.
Aguirre, supra].

E. Acceptance of Incompatible a. However, it cannot be done when the

Office transfer is a preliminary step toward his
removal, or is a scheme to lure him away
Incompatibility exists when one office is from his permanent position, or designed to
subordinate to the other, in the sense that one indirectly terminate his service, or force his
office has the right to interfere with the other. resignation.
From the nature and relations to each other, […]
b. An employee cannot be transferred unless
they ought not to be held by the same person,
from the contrariety and antagonism which for causes provided for by law and after due
would result in the attempt by one person to process. [See Garcia v. Lejano, G.R. No.
faithfully and impartially discharge the duties of L-12220 (1960)]
one, toward the incumbent of the other. [Public
Interest Center, Inc. v. Elma, G.R. No. 138965 (3) Demotion
(2006)].
Demotion to a lower position with a lower rate
of compensation is also equivalent to removal if

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no cause is shown for it. [De Guzman v. CSC, procedure constitutes a reversible error and
G.R. No. 101105 (1994)] entitles the officer or employee to
reinstatement with back salaries and without
(4) Reassignment loss of seniority rights. [See Republic v.
Pacheco, G.R. No. 178021 (2012)]
A reassignment may be deemed a constructive
dismissal if the employee is moved to a position G. Impeachment
with a more servile or menial job as compared
Discussed in Constitutional Law 1
to his previous position. It may occur if the
employee was reassigned to an office not in the
H. Quo Warranto
existing organizational structure, or if he or she
is not given a definite set of duties and Concept
responsibilities. It may be deemed constructive Quo warranto is a direct proceeding to question
dismissal if the motivation for the reassignment the title of a public officer, or to oust the holder
was to harass or oppress the employee on the from its enjoyment, unless a special statutory
remedy has been substituted in its place.
pretext of promoting public interest. [Yangson v.
Department of Education, G.R. No. 200170 Who May File
(2019)]. 1. The person who claims to be entitled to
the office [Section 5, Rule 66, Rules of
(5) Constructive Dismissal Court];
● In order for a quo warranto
Occurs whether or not there is diminution in petition to be successful, the
private person suing must show
rank, status, or salary when the employee’s
a clear right to the contested
environment has rendered it impossible for him office [Topacio v. Ong, G.R. No.
or her to stay in his or her work. 179895 (2008)].
2. The Republic of the Philippines,
It may be due to the agency head's represented by the Solicitor General or a
unreasonable, humiliating, or demeaning public prosecutor [Sec. 3, Rule 66,
actuations, hardship because geographic ROC].
location, financial dislocation, or performance of
Prescriptive Period
other duties and responsibilities inconsistent
with those attached to the position [Yangson v. General rule: A quo warranto proceeding must
Department of Education, supra]. be commenced within 1 year after the cause of
such ouster, or after the right of the petitioner to
Limitations hold such office or position arose [Sec. 11, Rule
66, Rules of Court].
(1) Constitutional guarantee of security of
tenure. No officer or employee of the civil Exception: When the government is the real
service shall be removed or suspended party in interest, and is proceeding mainly to
except for cause provided by law [Sec. 2(3), assert its rights, there can be no defense on the
Art IX-B, CONST.]. ground of laches or prescription. Thus,
(2) Removal or resignation from office is not a prescription does not lie against the State
bar to a finding of administrative liability [Republic v. Sereno, G.R. No. 237428 (2018)].
[Office of the President v. Cataquiz, G.R. No.
183445 (2011)].
(3) Removal not for a just cause, or
non-compliance with the prescribed

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Effects When Petition is Granted

Impeachment Quo Warranto
As against the respondent, the judgment shall
an impeachable
have the following effects: offense, or
1. The respondent shall be ousted and disciplinary,
excluded from the office; administrative
2. The petitioner or relator, as the case or criminal action, if
may be, shall recover his costs; and otherwise.
3. Such further judgment determining the
respective rights in and to the public
office, position, or franchise of all the Nature
parties to the action as justice requires.
[Sec. 10, Rule 66, Rules of Court] Political process to Judicial determination
vindicate the of the eligibility or
As against the successor - A judgment in quo violation of the validity of the election
warranto does not bind the respondent’s public’s trust. or appointment of a
successor in office, even though such successor public official based
may trace his title to the same source. This Impeachment on predetermined
follows from the nature of the writ of quo presupposes a valid rules.
warranto itself. It is never directed to an officer appointment and
as such, but always against the person - to exacts accountability Quo warranto tests
determine whether he is constitutionally and for an act done by an the qualification of an
legally authorized to perform any act in, or official during official based on a
exercise any function of the office to which he his/her tenure. cause existing at the
lays claim [Mendoza v. Allas, G.R. No. 131977 time
(1999)]. of the issuance of the
appointment.
Compare Impeachment v. Quo Warranto
[In Re: Letter of Mrs. Corona, supra, citing
Republic v. Sereno] Instituted by whom

Verified complaint is Either by:

Impeachment Quo Warranto
filed by a. by an individual
a. Any member of claiming the
Definition
the House of public office in
Impeachment, as a Quo warranto is a Reps. issue
remedy, seeks to remedy to oust an b. Any citizen upon b. the Solicitor
remove impeachable ineligible public a resolution of General on
officials for acts official due to acts or endorsement by behalf of the
or omissions omissions committed a member of Republic of the
committed during the prior to or at the time HOR Philippines
incumbency of a of appointment or c. A verified
validly election relating to an complaint or
appointed/elected official’s qualifications resolution of
official, even if it to hold office, impeachment
relates to the provided filed by at least
qualification being a that the requisites for ½ of all the
continuing the commencement members of the
requirement and the thereof are present. HOR
act or
Cause of Action
omission constitutes

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during the term for which an existing incumbent

Impeachment Quo Warranto
may have been elected.
Commission of an Usurpation or
Valid abolition of office does not constitute
impeachable offense unlawful holding of
removal of the incumbent. ​[Canonizado v.
which would render the
an officer unfit in public office. Aguirre, G.R. No. 133132 (2000)]
exercising the powers
of his office. The fundamental principle afforded to civil
service employees against removal “except for
Grounds for cause as provided by law” does not protect them
Impeachment against abolition of the positions held by them in
(1) Culpable violation the absence of any other provision expressly or
of the Constitution impliedly prohibiting abolition thereof. [Castillo v.
(2) Treason Pajo, G.R. No. L-11262 (1958)]
(3) Bribery Requisites [Mendoza v. Quisumbing, G.R. No.
(4) Graft and 78053 (1990)]:
corruption (1) Abolition must be done in good faith
(5) Other high (2) Clear intent to do away with the office
crimes, or (3) Not for personal or political reasons
(6) Betrayal of public (4) Cannot be implemented in a manner
trust. contrary to law

Effects Reorganization – Reduction of personnel,

consolidation of offices, or abolition thereof by
1. Removal from Ouster from office reason of economy or redundancy of functions.
office of the due to the public It could result in the loss of one’s position
official officer’s ineligibility to through removal or abolition of an office.
concerned; hold said office. However, for a reorganization for the purpose of
2. Perpetual economy or to make the bureaucracy more
disqualification to efficient to be valid, it must pass the test of
hold any office; good faith; otherwise, it is void ab initio [United
3. Officer still liable Claimant Association of NEA v. NEA, G.R. No.
to prosecution, 187107 (2012)]
trial and
punishment if the Reorganization is valid provided they are
impeachable pursued in good faith
offense
committed also Attrition – Reduction of personnel as a result of
constitutes a resignation, retirement, dismissal in accordance
felony or crime. with existing laws, death or transfer to another
office [Sec. 2(a), RA 7430 Attrition Law]

I. Abolition
J. Failure to assume elective
office within six months
To consider an office abolished, there must have from proclamation
been an intention to do away with it wholly and
permanently. The office of any official elected who fails or
refuses to take his oath of office within six
Except when restrained by the Constitution, the months from his proclamation shall be
Congress has the right to abolish an office, even considered vacant, unless said failure is for a

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cause or causes beyond his control [Sec. 11, BP 3. Violation of existing collective agreement
881] between management and employees
relative to promotion; or
K. Death or Permanent 4. Violation of other existing civil service laws,
Disability rules and regulations. [Sec. 20, Rule VI, IRR
of Administrative Code Book V; De Rama v.
Effect of Death of Respondent Public CA, G.R. No. 131136 (2001)]
Officer
The CSC may recall an appointment for not
General Rule: Death of the respondent in an meeting the qualification standard. The recall or
administrative case does not preclude a finding invalidation of an appointment does not require
of administrative liability. [Civil Service a full-blown, trial-type proceeding. In approving
Commission v. Juen, G.R. No. 200577 (2016)] or disapproving an appointment, the CSC only
Exception: Death of the respondent in an examines the conformity of the appointment
with applicable provisions of law and whether
administrative case precludes the finding of
the appointee possesses all the minimum
administrative liability when:
qualifications and none of the disqualifications.
1. Due process may be subverted;
Thus, in contrast to administrative disciplinary
2. On equitable and humanitarian reasons; and
actions, a recall does not require notice and
3. The penalty imposed would render the
hearing [Civil Service Commission v. Cutao, G.R.
proceedings useless. [Civil Service
Commission v. Juen, supra] No. 225151 (2020)].

Recall under the LGC

A respondent’s death during the pendency of an
The termination of the official relationship of a
administrative proceeding was cause to dismiss
local elective official for loss of confidence prior
the case, due to the futility of the imposition of
to the expiration of his term through the will of
any penalty. [Flores-Concepcion v. Castañeda,
the electorate [Sec. 69, LGC].
A.M. No. RTJ-15-2438 (2020)]
Part TWO: The Civil Service
L. Conviction of a Crime

When the penalties of perpetual or temporary VIII. THE CIVIL SERVICE

absolute disqualification or penalties of
perpetual or temporary special disqualification A. Scope
are imposed upon conviction of a crime,
termination of official relation results, for one of Civil Service laws, rules, and regulations apply to
the effects of the imposition of said penalties is all branches, subdivisions, instrumentalities and
the deprivation of the public office which the agencies of the government, including GOCCs
offender may have held. [Art. 30, Rev. Pen. with original charters [Laya, Jr., v. Philippine
Code] Veterans Bank, G.R. No. 205813 (2018)].

M. Recall Note: As to the power of the CSC to review an

appointee’s qualifications: The only function of
Recall Under the Civil Service Law; the CSC is to review the appointment in the light
Grounds of the requirements of the Civil Service Law, and
1. Non-compliance with the procedures/criteria when it finds the appointee to be qualified and
provided by the agency’s Merit Promotion all other legal requirements have been otherwise
Plan; satisfied, it has no choice but to attest to the
2. Failure to pass through the agency’s appointment [Lapinid v. CSC, G.R. No. 96298
Selection/Promotion Board; (1991)].

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In TIDCORP v. CSC [G.R. No. 182249 (2013)],

the Court clarified that the CSC’s rulemaking Three Major Levels in the Career Service
power, albeit constitutionally granted, is still 1. First level - Includes clerical, trades, crafts,
limited to the implementation and interpretation and custodial service positions which involve
of the laws it is tasked to enforce. Thus, a law non-professional or sub professional work in
which exempts an agency from rules on position a non- supervisory or supervisory capacity
classification cannot be overridden by a CSC requiring less than four years of collegiate
Memorandum Circular. studies;
2. Second level - Include professional,
Limitations on the Civil Service technical and scientific positions which
Commission’s Powers involve professional, technical or scientific
a. It cannot order the replacement of the work in a non-supervisory or supervisory
appointee simply because it considers capacity requiring at least four years of
another employee to be better qualified. college work up to Division Chief level; and
When it finds the appointee to be qualified 3. Third level - Covers positions in the Career
and all other legal requirements have been Executive Service [Administrative Code,
otherwise satisfied, it has no choice but to Book V, Sec. 8].
attest to the appointment [Lapinid v. CSC,
G.R. No. 96298 (1991)]. Non-Career Service
b. The CSC cannot co-manage or be a The Non-Career service is characterized by:
surrogate administrator of government 1. Entrances on bases other than those of the
offices and agencies. usual tests of merit and fitness; and
c. It cannot change the nature of the 2. Tenure which is limited to:
appointment extended by the appointing a. A period specified by law; or
officer [Luego v. CSC, G.R. No. L-69137 b. Coterminous with the appointing
(1986)]. authority; or
d. Its rulemaking power is limited by the c. Subject to the pleasure of the
implementation and interpretation of the appointing authority; or
laws it is tasked to enforce. Thus, a law d. Limited to the duration of a particular
which exempts an agency from rules on project.
position classification cannot be overridden
by a CSC Memorandum Circular. Includes:
a. Elective officials and their personal or
B. Appointments to the Civil confidential staff;
Service b. Department heads who hold positions at the
pleasure of the President, including their
Appointments in the civil service shall be made staff;
only according to merit and fitness to be c. Chairman and members of commissions and
determined, as far as practicable, and, except to boards with fixed terms of office, including
positions which are policy-determining, primarily their staff;
confidential, or highly technical, by competitive d. Contractual personnel;
examination [Const., Art. IX-B, Sec. 2(2)]. e. Emergency and seasonal personnel [Admin.
Code, Book V, Sec. 9].
Career Service
The career service is characterized by: C. Personnel Actions
1. Entrance based on merit and fitness to be
determined by competitive examinations or Concept
highly technical qualifications; Any action denoting the movement or progress
2. Opportunity for advancement to higher of personnel in the civil service shall be known
career positions; Security of tenure as personnel action.
[Administrative Code, Book V, Sec. 7].

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Unless otherwise indicated, section references Next-in-Rank Rule

here are to Chapter 5, Subtitle A, Title I, Book V, In promotions, the appointing authority must
Administrative Code (i.e., the Civil Service Law). automatically consider the employees next in
rank as candidates for appointment. However,
(1) Original Appointment or the next-in-rank rule is a rule of preference on
Appointment through who to consider for the promotion. The rule
Certification does not give employees next in rank a vested
Original Appointment right to the position next higher to theirs should
The initial entry into the career or non-career that position become vacant [Abad v. Dela Cruz,
service. G.R. No. 207422 (2015)].

Appointment through Certification (3) Transfer

Issued to a person who has been selected from
a list of qualified persons certified by the A movement from one position to another which
Commission from an appropriate register of is of equivalent rank, level, or salary without
eligible candidates, and who meets all the other break in service involving the issuance of an
requirements of the position. appointment.

Six-month Probationary Period It shall not be considered disciplinary when

Original appointees in the career service with made in the interest of public service, in which
permanent status of appointment, shall undergo case, the employee concerned shall be informed
probationary period for a thorough assessment of the reasons therefore. If the employee
of his/her performance and character. believes that there is no justification for the
transfer, he may appeal his case to the
A probationer may be dropped from the service Commission.
for unsatisfactory conduct or want of capacity
any time before the expiration of the The transfer may be from one department or
probationary period: Provided, that such action agency to another or from one organizational
is appealable to the Commission. [Sec. 26(1)] unit to another in the same department or
agency: Provided, however, that any movement
(2) Promotion from the non-career service to the career service
shall not be considered a transfer [Sec. 26(3)].
A movement from one position to another with
an increase in duties and responsibilities as Compare Reassignment, see below, which is
authorized by law and usually accompanied by always within the same department or agency.
an increase in pay.
(4) Reemployment
The movement may be from one department or
agency to another or from one organizational The appointment of a person who has been
unit to another in the same department or previously appointed to a position in the
agency. [Sec. 26(2)] government service but was separated
therefrom as a result of reduction in force,
Within the same level, no civil service reorganization, retirement, voluntary
examination shall be required for promotion to a resignation, or any non-disciplinary action such
higher position in one or more related as dropping from the rolls and other modes of
occupational groups. A candidate for promotion separation.
should, however, have previously passed the
examination for that level. [Sec. 8(3)]. Reemployment presupposes a gap in the
service. [Contrast Reappointment]
The pendency of an administrative case against
any employee shall not be a bar to promotion. No prior authority from the Commission shall be
required for the reemployment of a person who

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has been previously retired or resigned and who 2017 Omnibus Rules on Appointments and
has not reached the compulsory retirement age Other Human Resource Actions (Revised 2018)]
of 65. [Sec. 11(d), 2017 Omnibus Rules on
Appointments and Other Human Resource (6) Reinstatement
Actions (Revised 2018)]
Any person who has been permanently
(5) Reappointment appointed to a position in the career service and
who has, through no delinquency or misconduct,
The issuance of an appointment as a result of been separated therefrom, may be reinstated to
reorganization, devolution, salary a position in the same level for which he is
standardization, re-nationalization, qualified [Sec. 26(4)].
recategorization, rationalization or similar
events, including the following: General Rule: Pardon does not ipso facto restore
a convicted felon to public office. A new
1. The issuance of appointment from temporary appointment must be given.
to permanent, career to non-career or vice
versa, non-career to another non-career, all of Exception: When a person is acquitted because
which entails no gap in the service, shall be he did not truly commit the offense, he is
considered as reappointment. Non-career relieved from all punitive consequences of the
employees who are appointed for the first time criminal act. He need not apply for
in the career service under permanent status reinstatement; he is restored to his office ipso
shall be required to undergo probationary period facto upon the issuance of the clemency, and he
for six (6) months. is entitled to back wages [Garcia v. Commission
on Audit, G.R. No. 75025 (1993)].
2. The renewal of temporary, contractual and
casual appointment upon the expiration of the N.B. Risos-Vidal, supra, does not modify these
appointment or subsequent appointment of rules, as that case for civil and political rights in
substitute teachers, which entails no gap in the relation to elective office.
service, shall be considered as reappointment.
A temporary appointment may be renewed in Reinstatement to Comparable Position
the absence of an applicant who meets all the The restoration of a person, as a result of a
qualification requirements of the position as decision, to a career position from which he/she
certified by the appointing officer/authority and has been separated but subject position is
provided that the performance rating of the already abolished, requiring the issuance of an
employee is at least Satisfactory. appointment to a comparable position to the
separated employee [Sec. 11(f), par. 1, Rule IV,
3. Personal or coterminous staff of elective 2017 Omnibus Rules on Appointments and
officials, who shall continue to serve in a Other Human Resource Actions].
coterminous capacity upon reelection of the said
elective officials, shall be issued new Irrelevance of Employment in the Interim
appointments. The nature of appointment shall No employee of the civil service shall be
be reappointment. removed from office except for cause provided
by law. An employee illegally dismissed from
In the same manner, personal or coterminous office is entitled to reinstatement. Any other
staff of officials whose term of office ended and employment he or she obtains while the case
are subsequently absorbed or rehired by the challenging his or her dismissal is pending does
succeeding official without gap in their service not bar his or her right to be reinstated.
shall be issued new appointments, the nature of [Campol v Balo-as, G.R. 197634 (2016)]
which is reappointment.

Reappointment presupposes no gap in the

service. [Contrast Reemployment] [Sec. 11(e),

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(7) Demotion shall be allowed, only for a limited period in the

case of employees occupying professional,
The movement of an employee from a higher technical and scientific positions.
position to a lower position where he/she
qualifies, if a lower position is available/ If the employee believes that there is no
Demotion entails reduction in duties, justification for the detail, he may appeal his
responsibilities, status or rank, which may or case to the Commission. Pending appeal, the
may not involve a reduction in salary. decision to detail the employee shall be
executory unless otherwise ordered by the
In cases where the demotion is due to Commission. [Sec. 26(6)].
reorganization or rationalization, the employee No detail or reassignment whatsoever shall be
shall be allowed to continue to receive the salary made within three (3) months before any
of the higher position. election. [Sec. 58].

In cases where the demotion is voluntary or at (10) Reassignment

the instance of the employee, he/she shall be
allowed to receive the same step of the salary The movement of an employee across the
grade of the position where he/she voluntarily organizational structure within the same
sought to be appointed. A written consent shall department or agency, which does not involve a
be secured from the demoted employee. [Sec. reduction in rank, status or salary. [Sec. 13(a),
11(g), Rule IV, 2017 Omnibus Rules on 2017 Omnibus Rules on Appointments and
Appointments and other Human Resource Other Human Resource Actions (Revised 2018)]
Actions].
Public employees with appointments that are not
Demotion and constructive dismissal are never station-specific may be reassigned to another
presumed and must be sufficiently proven station in the exigency of public service. In such
[Yangson v. Department of Education, supra]. instances, the reassignment may be indefinite
and exceed one (1) year [Yangson v.
(8) Reclassification Department of Education, supra].

A form of staffing modification and/or position (11) Designation

classification action which is applied only when
there is a substantial change in the regular A movement that involves an imposition of
duties and responsibilities of the position. additional and/or higher duties to be performed
by a public official/employee which is temporary
This may result in a change in any or all of the and can be terminated anytime at the pleasure
position attributes: position title, level and/or of the appointing officer/authority. Designation
salary grade. It generally involves a change in may involve the performance of the duties of
the position title and may be accompanied by an another position on a concurrent capacity or on
upward or downward change in salary. full-time basis. [Sec. 13(c), 2017 Omnibus Rules
on Appointments and Other Human Resource
Actions Not Requiring an Appointment Actions (Revised 2018)]

The following personnel actions may not require (12) Secondment

the issuance of an appointment but will require
an Office Order by the appointing A movement of an employee from one
officer/authority. department or agency to another which is
temporary in nature. It may or may not require
(9) Detail the issuance of an appointment and may involve
an increase in compensation and benefits.
The movement of an employee of one agency to Acceptance of a secondment is voluntary on the
another without the issuance of an appointment part of the employee.

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are not required in the issuance of a preventive

Payment of salaries of a seconded employee suspension order [Carabeo v. CA, G.R. No.
shall be borne by the receiving agency, and the 178000 (2009)]
seconded employee shall be on leave without
pay in his mother agency for the duration of his
secondment [Señeres v. Sabido IX, G.R. No. (i) Kinds of Preventive Suspension,
172902 (2015).] Generally

D. Discipline ● Preventive suspension pending

investigation; and
1. Dismissal, Preventive ● Preventive suspension pending appeal.
Suspension, Reinstatement
and Back Salaries Preventive Suspension Pending
Investigation
a. Dismissal
Not considered a penalty, but only a means of
Dismissal is the termination or the act of being enabling the disciplining authority to conduct an
discharged from employment or service for unhampered investigation–i.e., (a) preserve
cause. It is the definite severance of an officer records and (b) protect witnesses.
or employee from government service on the
initiative of the agency or office, CSC, Cannot be indefinite. Indefinite suspension
Ombudsman, or regular courts. [Sec. 105, 2017 violates due process and equal protection
Omnibus Rules on Appointments and Other clauses, as well as the right of public officers
Human Resource Actions (Revised 2018)] and employees to security of tenure. [Baculi v.
Office of the President, G.R. No. 188681
b. Preventive Suspension (2017)].

Merely a preventive measure, a preliminary step Preventive Suspension Pending Appeal

in an administrative investigation. The purpose
of the suspension order is to prevent the Preventive suspension pending appeal is punitive
accused from using his position and the powers in nature although it is in effect subsequently
and prerogatives of his office to influence considered illegal if the respondent is
potential witnesses or tamper with records exonerated and the administrative decision
which may be vital in the prosecution of the finding him guilty is reversed [Gloria v. CA, G.R.
case against him. No. 131012 (1999)].

If after such investigation, the charge is As opposed to preventive suspension pending

established and the person investigated is found investigation, preventive suspension pending
guilty of acts warranting his suspension or appeal is from dismissal until actual
removal, then, as a penalty, he is suspended, reinstatement [Campol v. Balao-as, supra].
removed or dismissed [Villaseñor v.
Sandiganbayan, G.R. No. 180700 (2008)].

Prior notice and hearing not required in the

issuance of a preventive suspension order
Settled is the rule that prior notice and hearing

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(ii) Kinds of Preventive Suspension, Based the Office of the Ombudsman is due to the fault,
on Statutory Authority negligence or petition of the respondent, in
which case the period of such delay shall not be
(ii)(a) Under the Administrative Code counted in computing the period of suspension
herein provided [Sec. 24, R.A. No. 6770].
Applicable where:
(a) [Based on the charge] The charge involves (ii)(c) Under the Local Government Code
dishonesty, oppression or grave misconduct, or
neglect in the performance of duty; or For Local Elective Officials
(b) [Based on the likely penalty] If there are
reasons to believe that the respondent is guilty Who May Impose:
of charges which would warrant his removal ● The President in the case of provincial
from the service [Sec. 51, Book V, Administrative officials, and officials of highly urbanized
Code]. cities and independent component cities;
● The governor for officials of component
The period to decide is 90 days after the date of cities and municipalities;
suspension of the respondent who is not a ● The mayor for barangay officials.
presidential appointee.
Preventive suspension may be imposed at any
If there is no decision, the respondent shall be time after the issues are joined.
automatically reinstated in the service. Provided,
that when the delay in the disposition of the Requisites:
case is due to the fault, negligence or petition of (1) When the evidence of guilt is strong; and
the respondent, the period of delay shall not be (2) Given the gravity of the offense, there is
counted in computing the period of suspension great probability that the continuance in office of
herein provided [Sec. 52, Book V, Administrative the respondent could influence the witnesses or
Code]. pose a threat to the safety and integrity of the
records and other evidence.
(ii)(b) Under the Ombudsman Act
Period of Preventive Suspension:
Who May Impose: The Ombudsman or Deputy General Rule: Any single preventive suspension
of local elective officials shall not extend beyond
Requisites and Grounds: sixty (60) days.
(1) The evidence of guilt is strong; and Exception: If there are several administrative
(2)(a) The charge against such officer or cases against an elective official, he cannot be
employee involves dishonesty, oppression or preventively suspended for more than 90 days
grave misconduct or neglect in the performance within a single year on the same ground or
of duty; grounds existing and known at the time of the
(2)(b) The charges would warrant removal from first suspension [Sec. 63, LGC].
the service; or
(2)(c) The respondent's continued stay in office For Local Appointive Officials
may prejudice the case filed against him.
Who May Impose: The local chief executive
Not more than 6 months, without pay, except
when the delay in the disposition of the case by Grounds:

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(a) [Based on the charge] Charge is dishonesty, her actual reinstatement [Campol v. Balao-as,
oppression or grave misconduct or neglect in the G.R. No. 197634 (2016)].
performance of duty; or
(b) [Based on the likely penalty] If there is (iii)(a) Conditions to Be Entitled to
reason to believe that the respondent is guilty of Backwages
the charges which would warrant his removal 1. The employee must be found innocent
from the service. [Sec. 85, LGC; note similarity of the charges against him;
to grounds under the Administrative Code] 2. The suspension must be unjustified
[CSC v. Cruz, G.R. No. 187858 (2011)].
(ii)(d) Under the Anti-Graft and Corrupt When the suspension is lawful, even if the
Practices Act (R.A. No. 3019) employee was later exonerated. - The employee
is not entitled to backwages when the
Who May Impose: The Court where a valid suspension is lawful (e.g., meeting the requisites
Information has been filed and is pending. for preventive suspension pending
investigation), even if it be subsequently
Grounds: determined that the cause for which he was
(a) Violation of R.A. No. 3019; or suspended was insufficient. The employee is
(b) Violation provisions of the Revised Penal entitled to "payment of salaries corresponding to
Code on bribery. the period [of preventive suspension] [1] when
an employee […] is found innocent of the
Under Section 13 of the Anti-Graft and Corrupt charges which caused his suspension and [2]
Practices Act, the suspension of a public officer when the suspension is unjustified.” [See
is mandatory after a determination has been Bangalisan v. Court of Appeals, G.R. No. 124678
made of the validity of the information in a pre- (1997)]
suspension hearing conducted for that purpose
[Segovia v. Sandiganbayan, G.R. No. 124067 When the employee was only partially
(1998)]. exonerated. - If the employee is not completely
exonerated of the charges (e.g., when the
Period: While R.A. No. 3019 does not fix a penalty of dismissal is reduced to mere
maximum period, preventive suspension under suspension or to a fine), the employee would
Section 13, Rep. Act 3019 as amended shall be not be entitled to the payment of back salaries.
limited to a maximum period of ninety (90)
days. [Baculi v. Office of the President, G.R. No. If the exoneration of the employee is relative (as
188681 & 201130 (2017)] distinguished from complete exoneration), an
inquiry into the factual premise of the offense
(iii) Right to Reinstatement and Back charged and of the offense committed must be
Salaries made. If the administrative offense found to
have been actually committed is of lesser gravity
Any employee illegally dismissed from office is than the offense charged, the employee cannot
entitled to reinstatement. Any other employment be considered exonerated if the factual premise
he or she obtains while the case challenging his for the imposition of the lesser penalty remains
or her dismissal is pending does not bar his or the same. The employee found guilty of a lesser
her right to be reinstated. Similarly, he or she is offense may only be entitled to back salaries
entitled to the payment of his or her backwages when the offense actually committed does not
from the time of his or her dismissal until his or

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carry the penalty of more than one-month Drivers and Mechanics Association v. National
suspension or dismissal. [CSC v. Cruz, supra] Power Corp., G.R. No. 156208 (2017)].

(iii)(b) Entitlement to Back Salaries during 2. Grounds for Disciplinary

Preventive Suspension Action, In General

In Gloria v. CA [supra], the Court distinguished (i) Must be Connected with Official
preventive suspension from suspension pending Functions
appeal for the purpose of determining whether
Negligence
an employee is entitled to back salaries.
In the case of public officials, there is negligence
when there is a breach of duty or failure to
Preventive Suspension Pending Investigation:
perform the obligation, and there is gross
There is no right to compensation, even if the
negligence when a breach of duty is flagrant and
employee is eventually exonerated. (Rationale:
palpable [Presidential Anti-Graft Commission and
Preventive suspension pending investigation is
the Office of the President v. Pleyto, G.R. No.
not a penalty.)
176058 (2011)].
Preventive Suspension Pending Appeal:
Gross vs. Simple Neglect of Duty
(a) No backwages if administrative charge is
Simple neglect of duty is defined as the failure
affirmed.
of an employee to give proper attention to a
(b) If the respondent is eventually exonerated
required task or to discharge a duty due to
while being preventively suspended pending
carelessness or indifference.
appeal, he should be reinstated with full pay for
the period of the suspension.
On the other hand, gross neglect of duty is
characterized by want of even the slightest care,
(iii)(c) Amount of Backwages
or by conscious indifference to the
General Rule: Full back wages should include consequences, and in cases involving public
officials, by flagrant and palpable breach of duty.
other monetary benefits attached to the
It is the omission of that care that even
employee's salary following the principle that an
inattentive and thoughtless men never fail to
illegally dismissed government employee who is
take on their own property [Land Bank of the
later reinstated is entitled to all the rights and
privileges that accrue to him/her by virtue of the Philippines v. San Juan Jr., G.R. 186279 (2013)].
office he/she held.
N.B. The Arias Doctrine is inapplicable in
Exception: If the employee, pending his administrative cases for gross neglect.
preventive suspension, accepted employment in ● Under the Arias Doctrine, all heads of offices
another government agency. have to rely to a reasonable extent on their
subordinates and on the good faith of those
The award of full back wages in favor of an who prepare bids, purchase supplies, or
illegally dismissed civil service employee who enter into negotiations. There has to be
was subsequently employed in another some added reason why the head of office
should examine each of the documents he is
government agency violates the constitutional
supposed to sign.
prohibitions against double office-holding and
double compensation in the civil service [NPC

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● However, it is not a blanket protection of appointment or promotion [Office of the

authorities to perform tasks without Ombudsman v. Racho, G.R. No. 185685 (2011)].
diligence. (1) It does not apply to
administrative cases, unlike in criminal Dishonesty requires malicious intent to conceal
negligence, good faith is not an excuse in the truth or to make false statements;
administrative negligence. (2) It does not otherwise, the government employee may only
apply to cases where the official oversaw be held liable for negligence, not for dishonesty.
only a small number of employees or Only when the accumulated wealth becomes
handled a limited number of documents. manifestly disproportionate to the income of the
public officer/employee and income from other
Misconduct [in Office] sources, and the public officer/employee fails to
properly account or explain these sources of
Refers to “"any unlawful behavior by a public income and acquisitions, does he or she become
officer in relation to the duties of his office, susceptible to dishonesty [Gupilan-Aguilar v.
willful in character. The term embraces acts Office of the Ombudsman, G.R. No. 197307
which the office holder had no right to perform, (2014)].
acts performed improperly, and failure to act in
the face of an affirmative duty to act" [Gabon v. Dishonesty, in order to warrant dismissal, need
Merka, A.M. No. P-11-3000 (2011)]. not be committed in the course of the
performance of duty by the person charged.
To constitute an administrative offense, [See Remolona v. CSC, G.R. No. 137473 (2001)]
misconduct should relate to or be connected
with the performance of the official functions Conduct Prejudicial to the Best Interest of
and duties of a public officer. To determine the Service
whether a public officer committed misconduct,
Unlike Grave Misconduct, Conduct Prejudicial to
it is necessary to separate the character of the
the Best Interest of the Service need not be
man from the character of the officer [Villanueva related to or connected with the public officer's
v. CA, G.R. No. 167726 (2006)]. official function as it suffices that the act in
question tarnishes the image and integrity of
(ii) Need Not be Connected with Official his/her public office. [Recto-Sambajon v. PAO,
Functions G.R. No. 197745 (2017)]

General Test/Rationale: Even these defects of Grave Misconduct

character are not connected with his office, they
affect the public officer’s right to continue in Consists in a government official’s deliberate
office. [See Remolona v. CSC, G.R. No. 137473 violation of a rule of law or standard of behavior.
(2001)] It is regarded as grave when the elements of
corruption, clear intent to violate the law, or
flagrant disregard of established rules are
Dishonesty
present [NPC v. CSC, G.R. No. 152093 (2012)].
Dishonesty begins when an individual
intentionally makes a false statement in any In grave misconduct, as distinguished from
material fact or practicing or attempting to simple misconduct, the elements of corruption,
practice any deception or fraud in order to clear intent to violate the law, or flagrant
secure his examination, registration, disregard of established rule must be manifest.

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Corruption as an element of grave misconduct error of law [Maglalang v. PAGCOR, G.R. No.
consists in the act of an official or employee who 190566 (2013)].
unlawfully or wrongfully uses his station or
character to procure some benefit for himself or (ii) By the Civil Service Commission
for another, contrary to the rights of others
[Gabon v. Merka, supra]. Original Jurisdiction: A complaint may be filed
directly with the Commission by a private citizen
N.B. Unlike simple misconduct, see above, grave against a government official or employee in
misconduct need not be related to the official which case it may hear and decide the case or it
functions of the public officer. may deputize any department or agency or
official or group of officials to conduct the
3. Grounds for Disciplinary investigation. [Sec. 47, Book V, Administrative
Action, In Particular Code]

See Annex “B” ● The identity of the complainant is

immaterial to the acquisition of
4. Disciplinary Jurisdiction jurisdiction over an administrative case
by the CSC. The law is quite clear that
N.B. Sec. 84, LGC refers to “civil service law and the CSC may hear and decide
rules” in the discipline of local appointive administrative disciplinary cases brought
officials. directly before it or it may deputize any
department or agency to conduct an
(i) By the Supervising (Disciplining) investigation [CSC v. CA, G.R. Nos.
Authority 176162 (2012)]

The Secretaries and heads of agencies and ● The CSC still retains jurisdiction over the
instrumentalities, provinces, cities and school and its employees and has
municipalities shall have jurisdiction to concurrent original jurisdiction, together
investigate and decide matters involving with the board of regents of a state
disciplinary action against officers and university, over administrative cases
employees under their jurisdiction [Sec. 47, against state university officials and
Administrative Code]. employees [Id.].

Under the same section, the decision is final in Appellate Jurisdiction:

case the penalty imposed is suspension of not (1) Administrative disciplinary cases brought on
more than 30 days, or fine in an amount not appeal to the Commission; and
exceeding 30-days salary. [Otherwise, the (2) Decisions of agency heads on personnel
decision is appealable to the Civil Service actions, where the penalty exceeds suspension
Commission.] of 30 days or fine exceeds salary of 30 days.

NOTE, however, that decisions of administrative In case the decision rendered by a bureau or
agencies which are declared final and office head is appealable to the Commission, the
unappealable by law are still subject to judicial same may be initially appealed to the
review if they fail the test of arbitrariness, or department and finally to the Commission. [Sec.
upon proof of gross abuse of discretion, fraud or 47, Book V, Administrative Code]

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217126-27 (2015)]. The Court held that the

Execution Pending Appeal doctrine was adopted from one class of US
● General Rule: Penalties are executory rulings way back in 1959 and thus, out of touch
pending appeal. from - and now rendered obsolete by - the
● Exception: When the penalty is dismissal current legal regime.
from the service, in which case the
same shall be executory only after According to the Court, the concept of public
confirmation by the Secretary office is a public trust, and the corollary
concerned. [Sec. 47(2), Book V, requirement of accountability to the people at all
Administrative Code] times, as mandated under the Constitution, is
(iii) By the Ombudsman plainly inconsistent with the idea that an elective
local official’s administrative liability for a
See discussion in Part THREE. misconduct committed during a prior term can
be wiped off by election to a second term of
E. Condonation Doctrine office, or even another elective post.

Concept Moreover, condonation presupposes that the

Under the condonation doctrine, the rule is that condoner (in this case, the electorate) has actual
a public official cannot be removed for knowledge of what is to be condoned. No such
administrative misconduct committed during a presumption can be made, especially since, as
prior term, since his re-election to office the Ombudsman correctly points out, in reality,
operates as a condonation of the officer’s most corrupt acts by public officers are
previous misconduct to the extent of cutting off shrouded in secrecy, and concealed from the
the right to remove him therefore [Aguinaldo v. public.
Santos, G.R. No. 94115 (1992)].
Abandonment of Condonation Doctrine is
Application Prospective in Application
The condonation only applies to administrative
offenses. However, the Court, in the case of Herrera v.
● It finds no application in criminal cases Mago [G.R. No. 231120, (2020)] clarified that
[Aguinaldo v. Santos, supra]. the abandonment of the condonation doctrine is
● It does not apply to appointive officials, prospective in application.
since there is no sovereign will of the people ● Administrative cases against elective officials
involved in this case [CSC v. Sojor, G.R. No. instituted prior to Carpio-Morales v. CA are
168766 (2008)]. still covered by the condonation doctrine.
● It is applicable even if the reelection was to ● The prospective application should be
another public office, or to an election year reckoned from April 12, 2016, the date on
not immediately subsequent, as long as he which the Court acted upon and decided
was elected by the same body politic or with finality the motion for
electorate [Ombudsman v. Vergara, G.R. No. clarification/motion for partial
216871 (2017)]. reconsideration in Carpio-Morales.

Doctrine of Condonation Abandoned Part THREE: Accountability of Public

Officers
The condonation doctrine was abandoned by the
Court in Carpio-Morales v. CA [G.R. Nos.

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5. Must not have been candidates for any

Art. XI, Sec. 1. Public office is a public elective office in the immediately preceding
trust. Public officers and employees must, election.
at all times, be accountable to the people,
serve them with utmost responsibility, The Ombudsman must have for 10 years or
integrity, loyalty, and efficiency; act with more been a judge or engaged in the practice of
patriotism and justice, and lead modest law in the Philippines [Sec. 8, Art. XI, 1987
lives. Const.].

Disqualifications and Prohibitions [Sec. 9,

R.A. 6770]
IX. THE OMBUDSMAN The Ombudsman cannot:
a. Hold any other office or employment
A. Appointment during his tenure;
b. Directly or indirectly practice any other
profession or participate in any business
Sec. 9, Art. XI, 1987 Const. The which may be affected by the functions
Ombudsman and his Deputies shall be of his office;
appointed by the President from a list of c. Be financially interested, directly or
at least six nominees, prepared by the indirectly, in any contract with or in any
Judicial and Bar Council, and from a list of franchise or privilege granted by the
Government, any of its subdivisions,
three nominees for every vacancy
agencies or instrumentalities, including
thereafter. Such appointments shall GOCCs or their subsidiaries.
require no confirmation. All vacancies d. Be qualified to run for any office in the
shall be filled within three months after election immediately following their
they occur cessation from office.
e. Be allowed to appear or practice before
the Ombudsman for two (2) years
Sec. 4, R.A. No. 6770. The Ombudsman following their cessation from office.
and his Deputies, including the Special
Prosecutor, shall be appointed by the This disqualification shall apply during the
President from a list of at least tenure of the official concerned. This
twenty-one (21) nominees prepared by disqualification likewise extends to the law,
business or professional firm for the same
the Judicial and Bar Council, and from a
period.
list of three (3) nominees for each
vacancy thereafter, which shall be filled Independence
within three (3) months after it occurs, To subject the Deputy Ombudsman to discipline
each of which list shall be published in a and removal by the President, whose own
newspaper of general circulation alter-egos and officials in the Executive
Department are subject to the Ombudsman’s
disciplinary authority, would place at risk the
Qualifications
independence of the Office of the Ombudsman
The Ombudsman and his Deputies shall be:
itself. The Ombudsman cannot be expected to
1. Natural-born citizens of the Philippines;
place her complete trust in her subordinate
2. At the time of their appointment, at least 40
officials if they are not as independent as she is
years old;
[Gonzales III v. Office of the President of the
3. Of recognized probity and independence;
Philippines, G.R. No. 196231 (2014)].
4. Members of the Philippine Bar;
Thus, Section 8(2) of R.A. No. 6770, insofar as it
allows the President to remove Deputy

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Ombudsmen from office for any of the grounds (6) Publicize matters covered by its investigation
provided for the removal of the Ombudsman, is when circumstances warrant and with due
unconstitutional. [Id.] prudence.

B. Powers, Functions, and (7) Determine the causes of inefficiency, red

Duties tape, mismanagement, fraud, and corruption in
the Government and make recommendations for
Under the Constitution [Sec. 13, Art. XI] their elimination and the observance of high
standards of ethics and efficiency.
(1) Investigate on its own, or on complaint by
any person, any act or omission of any public (8) Promulgate its rules of procedure and
official, employee, office or agency, when such exercise such other powers or perform such
act or omission appears to be illegal, unjust, functions or duties as may be provided by law.
improper, or inefficient.
Additional Mandate under R.A. No. 6770, Sec.
(2) Direct, upon complaint or at its own 15
instance, any public official or employee of the
Government, or any subdivision, agency or (1) Primary jurisdiction over cases cognizable by
instrumentality thereof, as well as of any the Sandiganbayan. In this exercise, it may take
government-owned or controlled corporation over, at any stage, from any investigatory
with original charter, to perform and expedite agency of Government, the investigation of such
any act or duty required by law, or to stop, cases.
prevent, and correct any abuse or impropriety in
the performance of duties. ● N.B. Not applicable to members and
employees of the Judiciary, who are under
(3) Direct the officer concerned to take the Supreme Court’s administrative
appropriate action against a public official or supervision.
employee at fault, and recommend his removal,
suspension, demotion, fine, censure, or (2) Administer oaths, issue subpoena and
prosecution, and ensure compliance therewith. subpoena duces tecum, and take testimony in
any investigation or inquiry, including the power
● The Ombudsman has the power to directly to examine and have access to bank accounts
impose, not merely recommend, and records.
administrative sanctions against erring
public officials or employees. [Ombudsman (3) Punish for contempt in accordance with the
v. Quimbo, G.R. No. 173277 (2015)] Rules of Court and under the same procedure
and with the same penalties provided therein.
(4) Direct the officer concerned, in any
appropriate case, and subject to such limitations (4) Delegate to the Deputies, or its investigators
as may be provided by law, to furnish it with or representatives such authority or duty as shall
copies of documents relating to contracts or ensure the effective exercise or performance of
transactions entered into by his office involving the powers, functions, and duties herein or
the disbursement or use of public funds or hereinafter provided.
properties, and report any irregularity to the
Commission on Audit for appropriate action. (5) Investigate and initiate the proper action for
the recovery of ill-gotten and/or unexplained
(5) Request any government agency for wealth amassed after February 25, 1986 and the
assistance and information necessary in the prosecution of the parties involved therein.
discharge of its responsibilities, and to examine,
if necessary, pertinent records and documents. (6) Act on administrative complaints relating,
but not limited to, the following acts or
omissions:

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D. Judicial Review in
(a) Are contrary to law or regulation; Administrative Proceedings
(b) Are unreasonable, unfair, oppressive or
discriminatory; Where: Court of Appeals via Rule 45 (in
(c) Though in accordance with law, are appealable cases) or Rule 65 (in non-appealable
inconsistent with the general course of an cases)
agency's functions, though in accordance with
law; The proper remedy to appeal decisions in
(d) Proceed from a mistake of law or an administrative proceedings before the Office of
arbitrary ascertainment of facts; the Ombudsman depends on whether the
(e) Are in the exercise of discretionary powers decision of the Ombudsman is appealable or
but for an improper purpose; or unappealable.
(f) Are otherwise irregular, immoral or devoid of
justification. When Appealable
In cases where the respondent is not
C. The Office of the Special exonerated, and the penalty imposed is not
Prosecutor merely public censure or reprimand, or
suspension of not more than one (1) month’s
Qualifications, Rank, and Salary salary, the Ombudsman's decision is appealable.
The Special Prosecutor shall have the same [Yatco v. Office of the Ombudsman, G.R. No.
qualifications as that of a Deputy Ombudsman 244775 (2020)].
[Sec. 4, R.A. No. 6770].
Generally, appeals from decisions of the Office of
The Special Prosecutor also has the same rank the Ombudsman in administrative disciplinary
and salary as a Deputy Ombudsman [Sec. 11, cases should be taken to the CA under the
R.A. No. 6770]. provisions of Rule 43 of the Rules of Civil
Procedure [Tsunami Management Corp. v.
Powers Ombudsman, G.R. No. 232712 (2021)].
The Office of the Special Prosecutor shall, under
the supervision and upon the authority of the When Unappealable
Ombudsman, have the following powers: Pursuant to Section 27 of the Ombudsman Act,
a. To conduct preliminary investigation and any order, directive or decision of the
prosecute criminal cases within the Ombudsman “imposing the penalty of public
jurisdiction of the Sandiganbayan; censure or reprimand, or suspension of not
b. To enter into plea bargaining more than one (1) month’s salary shall be final
agreements; and and unappealable.
c. c. To perform such other duties assigned
to it by the Ombudsman. [Sec. 11(4), Case law has also explained that Ombudsman
R.A. No. 6770]. rulings which exonerate the respondent from
administrative liability are, by implication, also
Disciplinary Authority of the President considered final and unappealable.
The Office of the Special Prosecutor is not
constitutionally within the Office of the In these cases, although such decisions are
Ombudsman and is, hence, not entitled to the considered final and unappealable, they are still
independence the latter enjoys under the subject to judicial review on the ground of grave
Constitution. Section 8(2) of R.A. No. 6770, abuse of discretion. Thus, the correct procedure
insofar as it empowers the President to remove is to file a petition for certiorari under Rule 65 of
the Special Prosecutor from office for any of the the Rules of Court before the CA [Yatco v. Office
grounds provided for the removal of the of the Ombudsman, supra].
Ombudsman,is therefore constitutional.
[Gonzales v. Office of the President, supra]

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E. Judicial Review in Criminal B. Jurisdiction

and Non-Administrative
Proceedings (1) Exclusive Original Jurisdiction
The Sandiganbayan shall exercise exclusive
Where: Supreme Court via Rule 65 original jurisdiction in all cases involving:

With respect to criminal charges, the Court has 1. Violations of RA No. 3019, as amended,
settled that the remedy of an aggrieved party otherwise known as the Anti-Graft and
from a resolution of the Ombudsman finding the Corrupt Practices Act, RA No. 1379, and
presence or absence of probable cause is to file Chapter II, Section 2, Title VII, Book II of
a petition for certiorari under Rule 65 of the the Revised Penal Code, where one or more
Rules of Court with the Supreme Court (not the of the accused are officials occupying the
Court of Appeals), alleging grave abuse of following positions in the government,
discretion [Yatco v. Office of the Ombudsman, whether in a permanent, acting or interim
supra]. capacity, at the time of the commission of
the offense:
General Rule: The Supreme Court does not a. Officials of the executive branch occupying
interfere with the Ombudsman's findings as to the positions of regional director and higher,
whether probable cause exists. otherwise classified as Grade 27 and higher,
of the Compensation and Classification Act
Exceptions: of 1989, specifically including:
(a) To afford protection to the constitutional i. Provincial governors, vice-governors,
rights of the accused; members of the sangguniang
(b) When necessary for the orderly panlalawigan, and provincial treasurers,
administration of justice or to avoid oppression assessors, engineers, and other
or multiplicity of actions; provincial department heads:
(c) When there is a prejudicial question which is ii. City mayors, vice-mayors, members of
sub judice; the sangguniang panlungsod, city
(d) When the acts of the officer are without or in treasurers, assessors, engineers, and
excess of authority; other city department heads;
(e) Where the prosecution is under an invalid iii. Officials of the diplomatic service
law, ordinance or regulation; occupying the position of consul and
(f) When double jeopardy is clearly apparent; higher;
(g) Where the court has no jurisdiction over the iv. Philippine army and air force colonels,
offense; naval captains, and all officers of higher
(h) Where it is a case of persecution rather than rank;
prosecution; and v. Officers of the Philippine National Police
(i) Where the charges are manifestly false and while occupying the position of
motivated by the lust for vengeance. [Macasil v. provincial director and those holding the
FAIO, G.R. No. 226898 (2021)] rank of senior superintendent and
higher;
X. THE SANDIGANBAYAN vi. City and provincial prosecutors and their
assistants, and officials and prosecutors
in the Office of the Ombudsman and
A. Nature and Composition special prosecutor;
It is a special court, of the same level as the vii. Presidents, directors or trustees, or
Court of Appeals, and possessing all the inherent managers of government-owned or
powers of a court of justice. It is composed of a controlled corporations, state
Presiding Justice and fourteen Associate Justices universities or educational institutions or
who shall be appointed by the President [Sec. 1, foundations.
P.D. No. 1606 as amended by R.A. No. 8249]. b. Members of Congress and officials thereof
classified as Grade 27 and higher under the

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Compensation and Position Classification Act “intimately connected” with the office of the
of 1989; offender and perpetrated while he was in the
c. Members of the judiciary without prejudice performance of his official functions. This
to the provisions of the Constitution; intimate relation between the offense charged
d. Chairmen and members of the Constitutional and the discharge of official duties “must be
Constitutions, without prejudice to the alleged in the information” [People v. Montejo,
provisions of the Constitution; and G.R. No. L-14595 (1960)].
e. All other national and local officials classified
as Grade 27 and higher under the Preventive Suspension Power: Section 16 (3),
Compensation and Position Classification Act Article VI of the Constitution — which deals with
of 1989. the power of each House of Congress inter alia
2. Other offenses or felonies whether simple or to 'punish its Members for disorderly behavior,
complexed with other crimes committed by and 'suspend or expel a Member' by a vote of
the public officials and employees two-thirds of all its Members subject to the
mentioned in subsection a. of this Section in qualification that the penalty of suspension,
relation to their office when imposed, should not exceed sixty days —
3. Civil and criminal cases filed pursuant to and is unavailing, as it appears to be quite distinct
in connection with Executive Order Nos. 1, from the suspension spoken of in Section 13 of
2, 14 and 14-A, issued in 1986 [Sec. 4, P.D. RA 3019, which is not a penalty but a
No. 1606 as amended by R.A. No. 10660]. preliminary, preventive measure, prescinding
from the fact that the latter is not being imposed
Requisites on petitioner for misbehavior as a Member of
the House of Representatives. Republic Act No.
In Lacson v. Executive Secretary [GR. No. 3019 does not exclude from its coverage the
128096 (1999)], the Court held that to fall under members of Congress and that, therefore, the
the exclusive original jurisdiction of the Sandiganbayan did not err in thus decreeing the
Sandiganbayan, the following requisites must assailed preventive suspension order
concur: [Defensor-Santiago v. Sandiganbayan, G.R. No.
128055 (2001)].
1. The offense committed is a violation of:
a. R.A. No. 3019, as amended (the Jurisdiction over Co-Accused: Petitioner mayor's
Anti-Graft and Corrupt Practices Act); position having been classified as Grade 27 in
b. R.A. No. 1379 (the law on ill-gotten accordance with R.A. No. 6758, and having been
wealth); charged with violation of Section 3 (e) of R.A.
c. Chapter II, Section 2, Title VII, Book II 3019, petitioner is subject to the jurisdiction of
of the RPC (the law on bribery); the Sandiganbayan, as defined by Section 4 a.
d. Executive Order Nos. 1, 2, 14, and 14- of P.D. No. 1606, as amended by Section 2 of
A, issued in 1986 (sequestration cases); R.A. No. 7975. By virtue of the same Section 4
or a., as amended, his co-accused are also subject
e. Other offenses or felonies whether to the Anti-Graft Court's jurisdiction [Rodrigo, Jr.
simple or complexed with other crimes. v. Sandiganbayan, G.R. No. 125498 (1999)].

2. The offender committing the offenses in Jurisdiction over Drugs Cases: The exclusive
items (a), (b), (c) and (e) is a public official original jurisdiction over violations of RA 9165 is
or employee holding any of the positions not transferred to the Sandiganbayan whenever
enumerated in paragraph a of Section 4; the accused occupies a position classified as
and Grade 27 or higher, regardless of whether the
3. The offense committed is in relation to the violation is alleged as committed in relation to
office. office. RA 9165 is the special law excluding from
the Sandiganbayan's jurisdiction violations of RA
An offense is said to have been committed in 9165 committed by such public officers. In the
relation to the office if it (the offense) is latter case, jurisdiction is vested upon the RTCs

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designated by the Supreme Court as drugs

court, regardless of whether the violation of RA
9165 was committed in relation to the public
officials' office [De Lima v. Guerrero, G.R. No.
229781 (2017)].

(2) Exclusive Appellate Jurisdiction

The Sandiganbayan shall exercise exclusive
appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts
whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as
herein provided [Sec. 4, P.D. No. 1606 as
amended by R.A. No. 10660].

(3) Jurisdiction Over Private Individuals

In case private individuals are charged as co-
principals, accomplices or accessories with the
public officers or employees, including those
employed in government-owned or controlled
corporations, they shall be tried jointly with said
public officers and employees in the proper
courts which shall exercise exclusive jurisdiction
over them [Sec. 4, P.D. No. 1606 as amended by
R.A. No. 10660].

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ANNEX “A”. QUALIFICATIONS Officer Qualifications

PRESCRIBED BY THE
CONSTITUTION OR LAW FOR 7(1), Art. (4) Of proven Competence,
CERTAIN OFFICES VIII] Integrity, Probity and
Independence

Officer Qualifications Civil Service (1) Natural-born citizen

Commission (2) 35 years old at the time of
President (1) Natural-born citizen (Chairman appointment
and Vice (2) Registered voter and (3) Not a candidate for any
President (3) Able to read and write Commission elective position in the election
[Sec. 2-3 (4) 40 years old on day of ers) immediately preceding
Art. VII] election [Sec. 1(1), appointment
(5) Resident of the Philippines Art. IX-B] (4) With proven capacity for
for at least 10 years public administration
immediately preceding election
day Commission (1) Natural-born citizen
on Elections (2) 35 years old at the time of
Senators (1) Natural-born citizen (Chairman appointment
[Sec. 3, Art. (2) 35 years old on election and (3) Not a candidate for any
VI] day Commission elective position in the election
(3) Able to read and write ers) immediately preceding
(4) Registered voter [Sec. 1(1), appointment
(5) Resident of the Philippines Art. IX-C] (4) College degree holder
for at least 2 years (5) Chairman and majority
immediately preceding election should be members of the bar
day who have been engaged in the
practice of law for at least 10
Members of (1) Natural-born citizen years.
the HOR (2) 25 years old on election
[Sec. 6, Art. day Commission (1) Natural-born citizen
VI] (3) Able to read and write on Audit (2) 35 years old at the time of
(4) Registered voter in district (Chairman appointment
in which he shall be elected and (3) Not a candidate for any
(5) Resident thereof for not Commission elective position in the election
less than one year immediately ers) immediately preceding
preceding election day [Sec. 1(1), appointment
● N.B. Residency and Art. IX-D] (4) Certified public accountant
registration in the with at least 10 year of
district (i.e. auditing experience; OR
requirements 4 and 5) Member of the Bar engaged in
are not required for practice of law for at least 10
partylist years
representatives. (5) At no time shall all
Members of the Commission
Supreme (1) Natural born citizen belong to the same profession.
Court Justice (2) At least 40 years old
and justices (3) 15 years or more as a Ombudsman (1) Natural-born citizens;
of lower judge or engaged in law and his (2) At time of their
collegiate practice deputies appointment at least 40;
courts [Sec. [Sec. 8, Art. (3) Of recognized probity and

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Officer Qualifications Officer Qualifications

XI] independence; Sec. 45.)

(4) Members of the Bar;
(5) Not candidates for any Presiding Same qualifications as those
elective office in the Justice and provided in the Constitution
immediately Associate for Justices of the SC.
preceding elections; Justice of the
(6) Ombudsman: must have CA (B.P. Blg.
for ten years and more been a 129, Sec. 7)
judge or engaged in the
practice of law in the Judges of 1. Natural-born citizen of
Philippines. Metropolitan PH;
Trial Courts, 2. At least 35;
Municipal Trial 3. At least 10 years
Courts, and engaged in the practice
Notes: Municipal of law in the PH
● “Practice of law” means any activity, in Circuit Trial requiring admission to
or out of court, which requires the Courts (B.P. the practice of law as an
application of law, legal procedure, Blg. 129, Sec. indispensable
knowledge, training and experience. 26) requirement.
Generally, to practice law is to give
notice or render any kind of service Judges of 1. Registered voter in
which requires the use, in any degree, Metropolitan barangay, municipality,
of legal knowledge or skill. [Cayetano v. Trial Courts, city or province, or in
Monsod (1991)] Municipal Trial case of a member of the
● “Residency” in election law, refers to Courts, and sangguniang
domicile, i.e. the place where a party Municipal panlalawigan,
actually or constructively has his Circuit Trial sangguniang
permanent home, where he intends to Courts (B.P. panlungsod, or
return. To successfully effect a change Blg. 129, Sec. sangguniang bayan, the
of domicile, the candidate must prove 26) district where he intends
an actual removal or an actual change to be elected;
of domicile. [Aquino v. COMELEC] 2. Resident therein for at
● There is a presumption in favor of least one (1) year
domicile of origin. Domicile requires the immediately preceding
twin elements of actual habitual the day of the election;
residence and animus manendi (intent 3. Able to read and write
to permanently remain). Domicile of Filipino or any other
origin is not easily lost; it is deemed to local language or dialect
continue absent a clear and positive
proof of a successful change of domicile. Elective local 1. Registered voter in
[Romualdez-Marcos v. COMELEC (1995)] officials, in barangay, municipality,
general city or province, or in
Officer Qualifications case of a member of the
sangguniang
Secretaries of Citizens of PH; panlalawigan,
Departments Not less than 25. sangguniang
(Admin. Code panlungsod, or
of 1987, Book sangguniang bayan, the
IV, Chapter 10, district where he intends

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Officer Qualifications Officer Qualifications

to be elected; member of the

2. Resident therein for at sangguniang
least one (1) year barangay
immediately preceding
the day of the election;
3. Able to read and write ANNEX “B”: SPECIFIC GROUNDS
Filipino or any other FOR DISCIPLINARY ACTION
local language or dialect. UNDER THE CONSTITUTION AND
VARIOUS ACCOUNTABILITY
Candidates for At least twenty-three (23)
the position of years of age on election day.
STATUTES
governor,
Grounds for Disciplinary Action under the
vice-governor
or member of Civil Service Law (P.D. No. 807)
the a. Dishonesty;
sangguniang b. Oppression;
panlalawigan, c. Neglect of duty;
or mayor, d. Misconduct;
vice-mayor or
e. Disgraceful and immoral conduct;
member of the
sangguniang f. Being notoriously undesirable;
panlungsod of g. Discourtesy in the course of official
highly duties;
urbanized h. Inefficiency and incompetence in the
cities performance of official duties;
i. Receiving for personal use a fee, gift or
Candidates for At least twenty-one (21)
other valuable thing in the course of
the position of years of age on election day.
mayor or official duties or in connection therewith
vice-mayor of when such fee, gift, or other valuable
independent thing is given by any person in the hope
component or expectation of receiving a favor or
cities, better treatment than that accorded
component
other persons, or committing acts
cities, or
municipalities punishable under the anti-graft laws;
j. Conviction of a crime involving moral
Candidates for At least eighteen (18) years turpitude;
the position of of age on election day. k. Improper or unauthorized solicitation of
member of the contribution from subordinate
sangguniang
employees and by teachers of school
panlungsod or
sangguniang officials from school children;
bayan l. Violation of existing Civil Service Law
and rules or reasonable office
Candidates for At least eighteen (18) years regulations; Falsification of official
the position of of age on election day. documents; Frequent unauthorized
punong
absences or tardiness in reporting for
barangay or
duty, loafing or frequent unauthorized

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absences from duty during regular office c. Dishonesty, oppression, misconduct in

hours; office and neglect of duty;
m. Habitual drunkenness; d. Commission of any offense involving
n. Gambling prohibited by law; moral turpitude or an offense punishable
o. Refusal to perform official duty or render by at least prision mayor;
overtime service; e. Abuse of authority;
p. Disgraceful, immoral or dishonest f. Unauthorized absence for fifteen (15)
conduct prior to entering the service; consecutive working days except in the
q. Physical or mental incapacity or case of members of the sangguniang
disability due to immoral or vicious panlalawigan, sangguniang panglunsod,
habits; Borrowing money by superior sangguniang bayan, and sangguniang
officers from subordinates or lending by barangay;
subordinates to superior officers; g. Application for, or acquisition of, foreign
r. Lending money at usurious rates of citizenship or residence or the status of
interest; an immigrant of another country;
s. Willful failure to pay just debts or willful h. Such other grounds as may be provided
failure to pay taxes due the by law an elective local official may be
government; Contracting loans of removed from office on the grounds
money or other property from persons enumerated above by order of the
with whom the office of the employee proper court.
concerned has business relations;
t. Pursuit of private business, vocation or Grounds for Removal or Suspension under
profession without the permission the Constitution
required by the Civil Service rules and
regulations; Insubordination; a. Members of Congress
u. Engaging, directly or indirectly, in
partisan political activities by one Each House may punish its members for
holding nonpolitical office; disorderly behavior;
v. Conduct prejudicial to the best interest ● With the concurrence of 2⁄3 of all its
of the service; members, the House may suspend or
w. Lobbying for personal interest or gain in expel a member;
legislative halls and offices without ● A penalty of suspension shall not exceed
authority; 60 days [Sec. 16(3), Art. VI, 1987
x. Promoting the sale of tickets in behalf of Const.].
private enterprises that are not intended
for charitable or public welfare purposes b. Impeachable Officers
and even in the latter cases if there is ● Culpable violation of the Constitution;
no prior authority; ● Treason;
y. Nepotism. ● Bribery;
● Graft and Corruption;
Grounds for Disciplinary Action under the ● Other high crimes;
Local Government Code ● Betrayal of public trust [Sec. 2, Art. IX,
a. Disloyalty to the Republic of the 1987 Const.].
Philippines;
b. Culpable violation of the Constitution; c. Members of the Judiciary

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● They shall hold office during good

behavior until they reach the age of
seventy (70) years or become
incapacitated to discharge the duties of
their office [Sec. 11, Art. VIII, 1987
Constitution];
● With reference to members of the
Supreme Court, it implies that they have
no committed any of the offenses which
are grounds for impeachment;
● As regards judges of lower courts, the
determination by the Supreme Court is
conclusive since it alone has the power
to order their dismissal [Sec. 11, Art.
VIII, 1987 Const.].

a. Civil Service Officers or Employees can only

be removed or suspended for cause
provided by law [Sec. 2(3), Art. IX-B, 1987
Const.].

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