POLITICAL AND

INTERNATIONAL LAW
Law on Public Officers
 by the legislature or by legislative
IX. LAW ON PUBLIC OFFICER authority;
• Duties must be performed
independently and without the control
A. GENERAL PRINCIPLES
of a superior power other than the law,
Public Office unless they be those of an inferior or
Art. XI, Sec. 1 of the Constitution states that a subordinate office created or
public office is a public trust and public authorized by the legislature, and by it
officers and employees must at all times be placed under the general control of a
accountable to the people, serve them with superior office or body; and
utmost responsibility, integrity, loyalty, and • Must have permanence or continuity
efficiency, act with patriotism and justice, and (Nachura, Outline Reviewer in Political
lead modest lives.
Law, 2016 Ed., p.531).

A public office is the right, authority and

Public Office is Not a Natural Right
duty, created and conferred by law, by which
for a given period, either fixed by law The right to hold a public office under our
or enduring at the pleasure of the creating power, political system is therefore not a natural right. It
exists, when it exists at all only because and by
an individual is invested with some portion
virtue of some law expressly or impliedly creating
of the sovereign function of government, to
and conferring it. There is no such thing as a
be exercised by him for the benefit of the
vested interest or an estate in an office, or even an
public (Fernandez v. Sto. Tomas, G.R. No. absolute right to hold office. Excepting
116418, March 7, 1995) constitutional offices which provide for special
immunity as regards salary and tenure, no one
can be said to have any vested right in an office or
Creation of Public Office
its salary. (Appari v. Court of Appeals, G.R.No. L-
Public offices are created either by: 30057, January 31, 1984)
1. The Constitution;
2. By valid statutory enactments; or Public Office is Not a Property
3. By authority of law (Biraogo v. The
A public office is not property within the
Philippine Truth Commission of 2010,
sense of the constitutional guaranties of due
G.R. Nos. 192935 & 193036, December 7, process of law, but is a public trust or agency.
2010). The basic idea of government, is that of a
popular representative government, the
officers being mere agents and not rulers of
Elements of Public Office
the people, one where no one man or set of
• Created by law or authority of law; men has a proprietary or contractual right to
• Possess a delegation of a portion of the an office, but where every officer accepts
sovereign powers of government, to be office pursuant to the provisions of the law
exercised for the benefit of the public; and holds the office as a trust for the people
• Powers conferred and duties imposed whom he represents (Cornejo v. Gabriel, G.R.
must be defined, directly or impliedly, No. 16887, November 17, 1920).

1
Public Office is Not a Contract The exception, however, is that as far as
The right of an incumbent of an office does bureaus, agencies or offices in the executive
not depend on any contract in the sense of an department are concerned, the President’s
arrangement or bargain between him and the power of control may justify him to inactivate
public. Generally speaking, the nature of the the functions of a particular office, or certain
relation of a public officer to the public is laws may grant him the broad authority to
inconsistent with either a property or a carry out reorganization measures (Malaria
contract right (De Leon, The Law on Public Employees and Workers Association of the
Officers and Election Law, 2011 Ed., p. 6). Philippines, Inc. (MEWAP) v. Romulo, G.R. No.
160093, July 31, 2007).

The characteristics of a public office,

according to Mechem, include the delegation Public Officer
of sovereign functions, its creation by law and Public officer is one who holds a public office.
not by contract, an oath, salary, continuance A public officer is also invested with some
of the position, scope of duties, and the portion of the sovereign functions of the
designation of the position as an office. government, to be exercised by him for the
benefit of the public (Id.).

The most important characteristic which

distinguishes an office from an employment When a public officer takes an oath of office,
or contract is that the creation and conferring he or she binds himself or herself to faithfully
of an office involves a delegation to the perform the duties of the office and use
individual of some of the sovereign functions reasonable skill and diligence, and to act
of government to be exercised by him for the primarily for the benefit of the public. Thus,
benefit of the public; − that some portion of in the discharge of duties, a public officer is to
the sovereignty of the country, either use that prudence, caution, and attention
legislative, executive, or judicial, attaches, for which careful persons use in the management
the time being, to be exercised for the public of their affairs (Salumbides, Jr. v. Office of the
benefit. Unless the powers conferred are of Ombudsman, G.R. No. 180917, April 23, 2010).
this nature, the individual is not a public
officer (Khan, Jr. v. Office of the Ombudsman,
Public Officer as Defined in Criminal Law
G.R. No. 125296, July 20, 2006, citing Mechem).
A public officer is defined in the Revised
Penal Code as "any person who, by direct
Abolition/Reorganization of Public Office provision of the law, popular election, or
The general rule has always been that the appointment by competent authority, shall
power to abolish a public office is lodged take part in the performance of public
with the legislature. This proceeds from the functions in the Government of the Philippine
legal precept that the power to create includes Islands, or shall perform in said Government
the power to destroy. A public office is either or in any of its branches public duties as an
created by the Constitution, by statute, or by employee, agent, or subordinate official, of
authority of law. Thus, except where the any rank or class (Art. 203).
office was created by the Constitution itself, it
may be abolished by the same legislature that
Under Sec. 2 of R.A. No. 3019 or the Anti-Graft
brought it into existence.
and Corrupt practices Act, “public officer”

2
elective and appointive officials and serve at the pleasure of the appointing
employees, permanent or temporary, whether authority (Fariñas vs. COMELEC, G.R. No.
in the classified or unclassified or exempt 147387, December 10, 2003).
service receiving compensation, even
nominal, from the government.
Appointment in a broad sense – as a process
A process that is initiated by the acts of the
NOTE: For the purpose of applying the President and culminates with the positive
provisions of the RPC, the employees, agent acts of the appointee. This undergoes three
or subordinate official, of any rank or class, stages: first, the making of the
who perform public duties in the government commission, which includes the signing of
or in any of its branches shall be deemed as the appointment papers by the President and
public officers. its sealing if necessary; second, the issuance of
the commission and the release of the
Public Officers as distinguished from Public transmittal letter, if any; and third, the
Employees appointee's receipt and acceptance of the
appointment, which could either be express
“Officer” as distinguished from “clerk” or
or implied.
“employee”, refers to a person whose duties,
not being of a clerical or manual nature,
involves the exercise of discretion in the This broad interpretation of an appointment
performance of the functions of the is necessary and appropriate in cases where
government. When used with reference to a there is no issue as to the validity of the first
person having authority to do a particular act two stages of appointment, i.e., the signing of
or perform a particular function in the the appointment papers, and the issuance of
exercise of governmental power, “officer” the commission. The main question to be
includes any government employee, agent or resolved in considering an appointment as a
body having authority to do the act or process, is whether or not there was a valid
exercise that function (E.O. No. 292, Sec. assumption of public office, based on the
2(14)). appointee's valid acceptance of the
appointment through an oath or any positive
act (Velicaria-garafil v. Office of the President,
While “employee”, when used with reference
G.R. Nos. 203372, 206290, 209138, and 212030,
to a person in the public service, includes any
June 16, 2015).
person in the service of the government or
any of its agencies, divisions, subdivisions or
instrumentalities (E.O. No. 292, Sec. 2(15)). Appointment in a narrow sense – as an
executive act
Modes of Acquiring Title to Public Office It is an exercise of power or authority. It is the
unequivocal act of designating or selecting an
1. Appointment
individual to discharge and perform the
Appointive officials hold their office by virtue duties and functions of an office or trust. The
of their designation thereto by an appointing appointment is deemed complete once the
authority. Some appointive officials hold their last act required of the appointing authority
office in a permanent capacity and are has been complied with and acceptance is
entitled to security of tenure while others

3
thereafter made by the appointee in order to 4. Others:
render it fully effective. i. Succession by operation of law;
This happens when the office to which
In this narrow sense, appointment is simply one succeeds is legally vacated
an executive act; that the full effectiveness of ii. Direct provision of law
an appointment requires a positive act from e.g. ex-officio officers
the appointee is not a denial of the existence
of the power and the full exercise of the act by
the executive himself. B. KINDS OF APPOINTMENT
1. Permanent Appointment

Appointment as an executive act, as opposed It is extended to a person possessing the

to a process, is well-established under our requisite qualifications, including the
laws and jurisprudence. This is referred to as eligibility requires, for the position, and thus
the President's appointing power. protected by the constitutional guaranty of
Specifically, this executive power is embodied security of tenure.
in the Constitution under Article VII, Sections
14, 15, and 16 and is vested on the President
This type of appointment implies the holding
as provided under Section 1, Article VII (Id.).
of the appropriate civil service eligibility on
the part of the appointee, unless the position
2. Election involved requires no such eligibility (Maniebo
v. CA, G.R No. 158708, August 10, 2010).
Elective officials occupy their office by virtue
of the mandate of the electorate. They are
elected to an office for a definite term and 2. Temporary Appointment
may be removed therefrom only upon
In the absence of appropriate eligibles and it
stringent conditions (Fariñas vs. COMELEC,
becomes necessary in the public interest to fill
supra.)
a vacancy, a temporary appointment shall be
issued to a person who meets all the
It is the choice or selection of candidates to requirements for the positions to which he is
public office by popular vote through the use being appointed except the appropriate civil
of ballot x x x An election is the embodiment service eligibility: Provided, That such
of the popular will, the expression of the temporary appointment shall not exceed
sovereign power of the people. The winner is twelve months, but the appointee may be
the candidate who has obtained a majority or replaced sooner if a qualified civil service
plurality of valid votes cast in the election eligible becomes available (Sec. 25(b), P.D.
(Rulloda v. COMELEC, G.R. No. 154198, 807).
January 20, 2003).
A temporary appointment is defined as "one
3. Designation made in an acting capacity, the essence of
which lies in its temporary character and its
It is the imposition of additional duties,
terminability at pleasure by the appointing
usually by law, on a person already in public
power" (Cuadra v. Cordova, G.R. No. L-11602,
service.
April 21, 1958).

4
It is extended to one who may not possess the 3. Regular Appointment
requisite qualifications or eligibility required
It is one made by the President while
by law for the position, and is revocable at
Congress is in session after the nomination is
will, without the necessity of just or a valid
confirmed by the Commission on
investigation.
Appointments, and continues until the end of
the term.
The purpose of an acting or temporary
appointment is to prevent a hiatus in the
The public officers whose appointments need
discharge of official functions by authorizing
confirmation by the Commission on
a person to discharge those functions pending
Appointments are:
the selection of a permanent or another
appointee. An acting appointee accepts the 1. The heads of the executive
position on the condition that he shall departments, ambassadors, other
surrender the office once he is called to do so public ministers and consuls, officers
by the appointing authority. Therefore, his of the armed forces from the rank of
term of office is not fixed but endures at the colonel or naval captain; and
pleasure of the appointing authority. His 2. Other officers whose appointments are
separation from the service does not import vested in the President under the 1987
removal but merely the expiration of his term
Constitution. The officers referred to
— a mode of termination of official relations
under this provision are the
that falls outside the coverage of the
Chairpersons and Members of the
constitutional provision on security of
Constitutional Commissions, such as
tenure since no removal from office is
involved (Hon. General v. Hon. Urro, G.R. No. the COMELEC, COA, and CSC; as well
191560, March 29, 2011). as the regular Members of the Judicial
and Bar Council.

But, if the appointment is for a fixed period,

the appointment may be revoked only at the The regular appointments which are
expiration of the period, or, if revocation is contemplated under Art. XII, Sec. 16(1) of the
made before such expiration, the same has to 1987 Constitution go through the following
be for a valid and just cause (Ambas v. stages:
Buenaseda, G.R. No. 95244, September 4, 1991).
i. Nomination by the President;
ii. Confirmation by the Commissions on
An appointee who later on obtains a civil Appointments;
service eligibility does not ipso facto convert iii. Issuance of the Commission; and
his temporary appointment into a permanent iv. Acceptance by the appointee.
one. A new appointment is still required,
because a permanent appointment is not a
continuation of the temporary appointment; Note: The acceptance of the appointment by
the two are distinct acts of the appointing the appointee is the last act that completes the
authority (Maniebo v. CA, supra.) appointing process. A person cannot be
compelled to accept an appointment to public
office, as the same will constitute a violation

5
of the constitutional rights against disapproved by
involuntary servitude. the Commission
XPN: when the appointment is made to on
an office required in defense of the Appointments;
State, as contemplated in Sec. 4, Art. or (ii) when by-
II of the Constitution. passed by the
Commission on
Appointments
upon the next
4. Ad Interim Appointment adjournment of
Congress
It is one made by the President while
Congress is not in session, before
5. Midnight Appointment
confirmation by the Commission on
Appointments, is immediately effective, and General Rule: A President or acting President
ceases to be valid if disapproved or bypassed shall not make appointment two months
by the Commission on Appointments upon immediately before the next presidential
the next adjournment of Congress. elections and up to the end of his term.

An ad interim appointment is permanent in Exception: Temporary appointments to

nature and takes effect immediately. Thus, on executive positions when continued vacancies
who was issued an ad interim appointment therein will prejudice public service or
may immediately enter upon the discharge of endanger public safety.
his functions.

The prohibition on midnight appointments

Difference between Regular Appointment and only applies to presidential appointments. It
Ad Interim Appointment does not apply to appointments made by
Regular Ad Interim local chief executives.
When is While During the
appointing Congress is recess of the Nevertheless, the Civil Service Commission
made by in session Congress, has the power to promulgate rules and
the whether regulations to professionalize the civil service.
President voluntary or It may issue rules and regulations prohibiting
involuntary local chief executives from making
Nature Permanent Permanent appointments during the last days of their
Time of Upon the Effective tenure. Appointments of local chief
Effectivity confirmation immediately executives must conform to these civil service
of the rules and regulations in order to be valid (The
Commission Provincial Government of Aurora v. Marco, G.R.
on No. 202331, April 22, 2015).
Appointment
s
Duration Until the end Ceases to be Midnight appointments are prohibited
of the term valid when (i) because an outgoing President is "duty bound
to prepare for the orderly transfer of

6
authority to the incoming President, and he ii. Specific Disqualifications
or she should not do acts which he or she • The President, Vice President, the
ought to know, would embarrass or obstruct Members of the Cabinet, and their
the policies of his or her successor." An deputies or assistants shall not, unless
outgoing President should not "deprive the otherwise provided in the Constitution,
new administration of an opportunity to
hold any other office or employment
make the corresponding appointments (Id.).
during their tenure (Art. VII, Sec. 13).
• No Senator or Member of the House of
The principal purpose for the ban on Representatives may hold any other
midnight appointments is to arrest any office or employment in the
attempt to prolong the outgoing President’s Government, or any subdivision,
powers by means of proxies. agency, or instrumentality thereof,
including government-owned or
controlled corporations or their
C. DISABILITIES AND INHIBITIONS OF
subsidiaries, during his term without
PUBLIC OFFICERS
forfeiting his seat. Neither shall he be
Disqualification appointed to any office which may
It is the presence of circumstances and have been created or the emoluments
qualities which makes an individual ineligible thereof increased during the term for
from holding a public office. Lack of which he was elected (Art. VI, Sec. 13).
disqualifications is itself a qualification. • The Members of the Supreme Court
and of other courts established by law
shall not be designated to any agency
Grounds on Disqualifications to Hold Public performing quasi-judicial or
Office administrative functions (Art. VIII, Sec.
1. By the Constitution or by Law 12).
i. General Disqualifications • No Member of a Constitutional
• No candidate who lost in an election Commission shall, during his tenure,
shall, within one year after such election, hold any other office or employment
(Art. IX-A, Sec. 2). The same
be appointed to any office in
disqualification applies to the
Government (Art. IX-B, Sec. 6).
Ombudsman and his Deputies (Art. XI,
• No elective official shall be eligible for
Sec. 8).
appointment or designation in any • The Ombudsman and his Deputies
capacity to any public office or position shall not be qualified to run for any
during his tenure (Art. IX-B, Sec. 7(1)). office in the election immediately
• Unless otherwise allowed by law or by succeeding their cessation from office
the primary functions of his position, no (Art. XI, Sec. 11).
appointive official shall hold any other • Members of the Constitutional
position in Government (Art. IX-B, Sec. Commissions, the Ombudsman and his
7(2)). Deputies must not have been
candidates for any elective position in
the election immediately preceding
their appointment (Art. IX-B. Sec. 1; Art.
IX-C. Sec. 1; Art. IX-D. Sec. 1; Art. XI).

7
 • Members of Constitutional ii. Those removed from office as a
Commissions, the Ombudsman and his result of an administrative case
deputies are appointed to a term of iii. Convicted by the final judgment
seven (7) years; without reappointment for violating oath of allegiance to
(Art. IX-B. Sec. 1(2); Art. IX-C. Sec. 1(2); the republic
Art. IX-D. Sec. 1(2); Art. XI, Sec. 11)
iv. Dual citizenship
• The spouse and relatives by
v. Fugitive from justice in criminal or
consanguinity or affinity within the
non-political case in the
fourth civil degree of the President shall
Philippines or abroad
not during his tenure be appointed as
members of the Constitutional vi. Insanity of feeblemindedness
Commissions, or the Office of the
Ombudsman, or as Secretaries,
D. POWERS AND DUTIES OF PUBLIC
Undersecretaries, chairmen or heads of
OFFICERS
bureaus or offices, including
government-owned or controlled Scope of Power of a Public Officer
corporations and their subsidiaries (Art.
a. Expressly conferred upon him by the
VII, Sec. 13).
act appointing him;
b. Expressly annexed to the office by law;
2. Other Causes
and
This includes the following:
c. Attached to the office by common law
• Mental or physical incapacity.
as incidents to it (Nachura, Outline
• Misconduct or commission of a crime
Reviewer in Political Law, 2016 Ed., p.
• Impeachment
• Removal or suspension from office. 561).
• Previous tenure of office
• Consecutive terms
Doctrine of Necessary Implication
• Holding more than one office, except
ex officio All powers necessary for the effective
• Relationship with the appointing exercise of the express powers are deemed
power or nepotism impliedly granted.
• Office newly created or the
emoluments of which have been Classification of Powers
increased or forbidden office
1. Ministerial Power
• Being an elective official- ineligible to
be appointed to be designated A purely ministerial act or duty is one which
• Having been a candidate for any an officer or tribunal performs in a given state
elective position of facts, in a prescribed manner, in obedience
• Under the local government code to the mandate of legal authority, without
i. Sentenced by final judgement for regard to or the exercise of his own judgment,
an offense involving moral upon the propriety or impropriety of the act
turpitude by 1 year or more done (Hrs. of Sps. Luciano v. Quitain, G.R. no.
imprisonment within 2 years after 157972, October 30, 2006).
serving sentence

8
The duty is ministerial only when the court, officer, board, or person has unlawfully
discharge of the same requires neither the excluded petitioner/relator from the use and
exercise of official discretion nor judgment enjoyment of a right or office to which he is
(Lamb v. Phipps, 22 Phil. 436). entitled. Neither will the extraordinary
remedy of mandamus lie to compel the
performance of duties that are discretionary
Ministerial power can be delegated, except
in nature (Laygo v. Municipal Mayor of Solano,
when the law expressly requires the act to be
G.R. No. 188448, January 11, 2017).
performed by the officer in person or
prohibits such delegation.
Exception: Mandamus will apply in
discretionary act when:
2. Discretionary Power
a. The discretion granted is only as to the
"Discretion," when applied to public manner its exercise and not the
functionaries, means a power or right discretion to act or not to act, the court
conferred upon them by law or acting
may require a general action
officially, under certain circumstances,
b. Grave abuse of discretion.
uncontrolled by the judgment or conscience
of others (Arrastre v. Villaflor, G.R. No. 128509,
August 22, 2006). Obligation of the Public Officer to Perform
his Powers and Duties
The law imposes a duty upon a public officer 1. Mandatory
and gives him the right to decide how or
when the duty shall be performed (Sps. Where the provisions of a statute relating to
Espiridion v. CA, G.R. No. 146933, June 8, 2006). the public officers are intended for the
protection of the citizen and to prevent a
sacrifice of his property, and by a disregard of
Discretionary power cannot be delegated, such provision, his rights might be and
except when the power to substitute or generally would be injuriously affected (De
delegate has been given. Leon, The Law on Public Officers and Election
Law, 2011 Ed., p. 135).
Mandamus as a remedy
Mandamus may issue only to compel the 2. Permissive
performance of a ministerial duty.
Statutes define the time and mode in which
However, mandamus is not proper if the the public officers will discharge their duties,
assailed duty of public officer is discretionary. and those which are obviously designed
merely to secure order, uniformity, system
As a rule, mandamus will not lie in the and dispatch in public business (id.).
absence of any of the following grounds: [a]
that the court, officer, board, or person
against whom the action is taken unlawfully
neglected the performance of an act which the
law specifically enjoins as a duty resulting
from office, trust, or station; or [b] that such

9
Relationship of Public Officer to his City v. Llamas, A.M. No. P-04-1925,
Subordinates December 16, 2004).
1. Power of Control
• To submit a declaration under oath of his
The power of an officer to manage, direct or
assets, liabilities, and net worth upon
govern, including the power to alter or
assumption of office and as often
modify or set aside what a subordinate had
thereafter as may be required by law (Art.
done in the performance of his duties and to
XI, Sec. 17).
substitute his judgment for that of the latter
(id.).
Section 8 of RA 6713, requires all public
officials and employees to accomplish and
2. Power of Supervision submit declarations under oath of their
assets, liabilities, net worth and financial
The power of mere oversight over an inferior and business interests including those of
body and does not include any restraining their spouses and of unmarried children
authority over such body. The officer merely under 18 years of age living in their
sees to it that rules are followed but he households. In this relation, the same
himself does not lay down such rules, nor provision mandates full disclosure of the
does he have the discretion to modify or concerned public official’s (a) real
replace them (id.). property, its improvements, acquisition
costs, assessed value and current fair
Duties of Public Officers market value, (b) personal property and
acquisition cost, (c) all other assets such as
Constitutional Duties
investments, cash on hand or in banks,
• to be accountable to the people, serve stocks, bonds, and the like, (d) liabilities,
them with utmost responsibility, integrity,
and (e) all business interests and financial
loyalty, and efficiency, act with patriotism
connections (Marquez v. Judge Ovejera,
and justice, and lead modest lives (Art. XI, A.M. No. P-11-2930, February 5, 2014).
Sec. 1).
While mere omission from or
Public service requires integrity and
misdeclaration in one's SALN per se do
discipline. For this reason, public servants not constitute Dishonesty, an omission or
must exhibit at all times the highest sense
misdeclaration qualifies as such offense
of honesty and dedication to duty. By the when it is attended with malicious intent
very nature of their duties and to conceal the truth, as Dishonesty implies
responsibilities, government employees a disposition to lie, cheat, deceive, or
must faithfully adhere to, hold sacred and defraud. When a public officer's
render inviolate the constitutional accumulated wealth is manifestly
principle that a public office is a public disproportionate to his lawful income and
trust; that all public officers and such public officer fails to properly
employees must at all times be account for or explain where such wealth
accountable to the people, serve them with had been sourced, he becomes
utmost responsibility, integrity, loyalty administratively liable for Dishonesty (De
and efficiency (Court Personnel of the Office Castro v. Field Investigation Office, G.R. No.
of the Clerk of Court of the RTC – San Carlos 192723, June 5, 2017, J. CAGUIOA).

10
 While the Court is mindful of the duty of Duration of Authority
public officials and employees to fully The authority can be exercised only during
disclose their wealth in the SALN as a the term when public officer is, by law,
means to maintain transparency and a invested with the rights and duties of the
standard of honesty in the public service, office.
such public officials and employees
should also be given the opportunity to
explain and take corrective action of any Hold over Doctrine
prima facie appearance of discrepancy in In the absence of an express or implied
their SALN. Where the acquisition of constitutional or statutory provision to the
unexplained wealth can be properly contrary, an officer is entitled to hold his
accounted for, then such assets cannot be office until his successor is appointed or
considered as illegally acquired or chosen and has qualified (Nueno v. Angeles,
accumulated (Office of the Deputy G.R. No. L-89, February 1, 1946).
Ombudsman for Luzon v. Salig, G.R. No.
215877, June 16, 2021).
Territorial Limitation of Authority
The authority of all public officers is limited
• To owe the State and this Constitution
and confined to that territory over which the
allegiance at all times (Art. XI, Sec. 18).
law, by virtue of which they claim, has
sovereign force.
• All Members of the Senate and the House
of Representatives shall, upon assumption
of office, make a full disclosure of their Doctrine of Political Agency
financial and business interests. They shall The doctrine of qualified political agency, also
notify the House concerned of a potential known as the alter ego doctrine, essentially
conflict of interest that may arise from the postulates that the heads of the various
filing of a proposed legislation of which executive departments are the alter egos of
they are authors (Art. VI, Sec. 12) the President, and, thus, the actions taken by
such heads in the performance of their official
Duties of Public Officers in General duties are deemed the acts of the President
unless the President himself should
• Duty to obey the law;
disapprove such acts.
• Duty to accept and continue in office;
• Duty to accept burden of office
• Duty as to diligence and care in the Limitation on Alter Ego Doctrine
performance of official duties; There are certain powers that are reserved to
• Duty in choice and supervision of the President which cannot be exercised by
subordinates; the Secretaries of the departments such as:
• Duty to perform official acts honestly, 1. Declaration of martial law
faithfully, and to the best of his ability; 2. Suspension of the privilege of writ of
• Duty not to use his official power to habeas corpus
further his own interest (De Leon, The 3. Pardoning power
4. Purely discretionary powers
Law on Public Officers and Election Law,
2011 Ed.)

11
E. DE FACTO VS. DE JURE OFFICERS as the public or third persons who are
interested therein are concerned.”
De facto
One who has the reputation of being the
officer that he assumes to be, and yet is not a This is premised on the reality that “third
good officer in point of law (Torres v. Ribo, 81 persons x x x cannot always investigate the
Phil 44). right of one assuming to hold an important
office. They have a right to assume that
officials apparently qualified and in office are
Is the principle which holds that a person legally such (Re: Nomination of Atty. Chaguile,
who, by the proper authority is admitted and supra.).
sworn into office is deemed to be rightfully in
such office until, by judicial declaration in a
proper proceeding, he is ousted therefrom, or There is color of title to the office in any of the
his admission thereto is declared void. following cases:
a. By reputation or acquiescence, the
public, without inquiry, relies on the
A de facto officer is one who assumed office
supposition that he is the public officer
“under a color of a known appointment or
election, void because the officer was not that he purports to be. This is acquired
eligible or because there was a want of power usually when the individual has acted
in the electing body, or by reasons of some as an officer for such length of time
defect or irregularity in its exercise, such that the public believes that he is the
ineligibility, want of power, or defect being public officer that he assumes to be.
unknown to the public.” b. Under a known and valid appointment
or election, but the officer failed to
The essential elements of de facto officership conform to a requirement imposed by
are: law, e.g. taking the oath of office.
(1)There must be a de jure office; c. Under a known appointment or
(2)There must be color of right or authority; election, void because of the
(3)There must be actual physical possession ineligibility of the officer, or want of
of the office in good faith; and authority of the appointing or electing
(4)There must be a general acquiescence by authority, or because of an irregularity
the public or recognition by the public in his appointment or election, such
who deals with him of his authority as ineligibility, want of authority or
holder of the position (Re: Nomination of irregularity being unknown to the
Atty. Chaguile, A.M. No. 13-04-03-SC, public.
December 10, 2013). d. Under a known appointment or
election pursuant to an
Validity of the Actions of De Facto Officer unconstitutional law, before the law is
The de facto doctrine was devised to benefit declared unconstitutional (Nachura,
the public. On the validity of actions made Outline Reviewer in Political Law, 2011
by de facto officers, it is settled that “the acts Ed., p. 537).
of the de facto officer are just as valid for all
purposes as those of a de jure officer, in so far

12
Liabilities of a De Facto Officer from it, or who has never actually taken
a. It may be stated generally that a de facto possession of it.
officer is held the same degree of
accountability for official acts as a de jure Requirements to become officer de jure
officer and cannot escape liability because a. He must possess the legal
he has not qualified for failure to file a qualifications for the office in question;
bond. b. He must be lawfully chosen to such
office; and
b. While official acts of a de facto officer are c. He must have qualified himself to
valid and may be binding with regard to perform the duties of such office
third persons and the public the person so according to the mode prescribed by
acting may be liable for all penalties the Constitution of law.
imposed by law for usurping or
unlawfully holding office, or for
exercising the functions thereof without F. THE CIVIL SERVICE
lawful right or without being qualified Scope
according to law. The civil service embraces all branches,
subdivisions, instrumentalities, and agencies
c. It is likewise the general rule that a public of the Government, including government-
officer cannot excuse his responsibility for owned or controlled corporations with
crimes committed in his official capacity original charters (CONST., Art. IX-B, Sec.
by asserting that he was an officer de facto. 2(1)).

d. A rightful incumbent of a public office Composition

may recover from a de facto officer the • A Chairman; and
salary received by the latter during the • Two Commissioners
time of his wrongful tenure, even though
he (the de facto officer) occupied the office The Chairman and the Commissioners shall
in good faith and under the color of title. be appointed by the President with the
Note: Where there is no de jure public consent of the Commission on Appointments
officer, the officer de facto who in good for a term of seven years without
faith has had possession of the office and reappointment (CONST., Art. IX-B, Sec. 1(2)).
has discharged the duties pertaining
thereto, is legally entitled to the
emoluments of the office, and may, in an Classification of Positions in the Civil
appropriate action, recover the salary, fees Service
and other compensations attached to the 1. Career Service
office. Career Service is characterized by:
a. Entrance based on merit and fitness to
De Jure be determined, as far as practicable by
One who has the lawful right to the office in competitive examinations, or based on
all respects, but who has either been ousted highly technical qualifications;
b. Opportunity for advancement to

13
 higher career positions; and pleasure of the President, and their
c. Security of tenure. personal and confidential staff
c. Chairmen and members of
Positions included are: commissions and boards with fixed
a. Open career position – prior terms of office, and their personal and
qualification in an appropriate confidential staff
examination is required d. Contractual personnel or those whose
b. Closed career positions – scientific or employment in government is in
highly technical in nature accordance with a special contract to
c. Career executive service – undertake a specific work or job
undersecretaries, bureau directors, etc., requiring special or technical skills not
where the appointee is required to available in the employing agency, to
possess the appropriate Career
be accomplished within a specific
Executive Service Officer (CESO)
period not exceeding one year, under
Eligibility. The CES covers Presidential
their own responsibility, with
appointees only.
d. Career officers other than those belong minimum direction and supervision
to the Career Executive Service – they e. Emergency and seasonal personnel
are appointed by the President.
e. Positions in AFP, although governed
Manner of Appointment
by a separate merit system
f. Personnel of GOCC with original General Rule: Appointments to the Career
charter Service shall be made only according to merit
g. Permanent laborers, whether skilled, and fitness, to be determined as far as
semi-skilled or unskilled. practicable by competitive examination
(CONST., Art. IX-B, Sec. 2(2)).
2. Non-Career Service
Non-career service is characterized by: Exception: Appointments to the positions
a. Entrance on bases other than those of which are:
the usual tests utilized for the career a. Policy Determining – position which
service vests in the occupant the power to
b. Tenure limited to a period specified by formulate policies for the government
law, or which is co-terminous with that or any of its agencies, subdivisions, or
of the appointing authority or subject
instrumentalities, like that of a member
to his pleasure, or which is limited to
of the Cabinet.
the duration of a particular project for
b. Primarily Confidential – there is a
which purpose the employment was
made. primarily close intimacy between the
appointing authority and the
appointee, which ensures the highest
Positions included are:
degree of trust and unfettered
a. Elective officials, and their personal
communication and discussion on the
and confidential staff
most confidential of matters. Its
b. Department Heads and officials of
Cabinet rank who hold office at the

14
 functions are not routinary, ordinary has practiced or attempted to practice
and day to day in character. any deception or fraud in connection
c. Highly Technical – requires possession with his or her appointment;
of technical skill or training in a d. The appointment has been issued in
supreme or superior degree. violation of the CSC-approved Merit
Selection Plan of the agency;
e. The contractual or casual appointment
Authority to Recall Appointments has been issued to fill a vacant position
in the plantilla of personnel or the
The CSC's authority "to take appropriate
contractual or casual appointee will
action on all appointments and other
perform the duties and responsibilities
personnel actions" includes the power "to
of the vacant position; or
recall an appointment initially approved, if
f. The appointment has been issued in
later on found to be in disregard of applicable
violation of existing Civil Service Law,
provisions of the Civil Service law and
rules and regulations, the Board/Bar,
regulations."
Local Government Code of 1991 (RA
The recall or invalidation of an appointment
No. 7160), Publication Law (RA No.
does not require a full-blown, trial-type 7041), the Omnibus Election Code (BP
proceeding. "In approving or disapproving an
Blg. 881, as amended) and other
appointment, the CSC only examines the pertinent laws (Sec. 107, Rule XI, 2017
conformity of the appointment with CSC Omnibus Rules on Appointments
applicable provisions of law and whether the and Other Human Resource Actions
appointee possesses all the minimum (Revised July 2018)).
qualifications and none of the
disqualifications." (CSC v. Cutao, G.R. No.
Other Personnel Actions
225151, September 30, 2020).
1. Promotion

Disapproval/Invalidation of Appointments Movement from one position to another with

An appointment shall be increase in duties and responsibilities as
disapproved/invalidated on the following authorized by law and usually accompanied
grounds: by an increase in pay.

a. The appointee does not meet the

qualification standards for the a. Next-in-rank rule
position; Sec. 21 paragraphs (2) (3) of the Civil
b. The appointee has been dismissed for Service Law provides that when a
cause enumerated in Sec. 50(A), Rule vacancy occurs, employees next-in-
10 of the 2017 RACCS or has been rank should be considered for
found guilty of a crime where promotion.
perpetual or temporary
disqualification from appointment is
Employees next in rank are those "who
attached to the penalty thereof, unless
occupy the next lower positions in the
an executive clemency has been
granted; occupational group under which the
c. The appointee has intentionally made vacant position is classified, and in
a false statement of any material fact or other functionally related occupational

15
 groups and who are competent, appointment of a person proposed to
qualified and with the appropriate higher position invalidates the
civil service eligibility. promotion of those in the lower
positions and automatically restores
The reason behind the next-in-rank them to their former positions.
rule is to maintain the policy of merit However, the affected persons are
and rewards in the civil service. Since entitled to the payment of salaries for
appointments in the civil service are services actually rendered at a rate
based on merit and fitness, it is fixed in their promotional
assumed that the appointments of appointments (Sec. 13, Book VI of the
employees next in rank are equally Omnibus Rules Implementing Book V,
meritorious. Appointments that E.O. 292).
consider rank, salary grades, and
seniority promote progressiveness and Under the aforecited section, before a
courtesy in the civil service. public official or employee can be
automatically restored to his or her
Still, the next-in-rank rule is a rule of former position, the following must
preference on who to consider for concur:
promotion. The rule does not give
employees next in rank a vested right
i. there must first be a series of
to the position next higher to theirs
promotions;
should that position become vacant.
ii. all appointments are
simultaneously submitted to the
To successfully protest the issuance of CSC for approval; and
an appointment, the employee next in iii. the CSC disapproves the
rank must prove his or her status as a appointment of a person
qualified next-in-rank; otherwise, the proposed to a higher position.
protest shall be dismissed. Being next
in rank is a legal conclusion that would
be the result of inference from 2. Appointment through Certification
evidence properly alleged and proven. Issued to a person who has been selected
The burden of proof rests on the from a list of qualified persons certified by the
employee alleging that he or she is Commission from an appropriate register of
next in rank (Abad v. Dela Cruz, G.R. eligible, and who meets all the other
No. 207422, March 18, 2015). requirements of the position (Sec. 26, Chapter
5, Subtitle A, Title I, Book V, E.O. No. 292).

b. Automatic Reversion Rule

All appointments involved in a chain 3. Transfer
of promotions must be submitted The movement from one position to another
simultaneously for approval by the which is of equivalent rank, level, or salary
Commission. The disapproval of the

16
without break in service involving the 4. Reinstatement
issuance of an appointment.
Any person who has been permanently
appointed to a position in the career service
It shall not be considered disciplinary when and who has, through no delinquency or
made in the interest of public service, in misconduct, been separated therefrom, may
which case, the employee concerned shall be be reinstated to a position in the same level
informed of the reasons therefor. If the for which he is qualified (Sec. 26, Chapter 5,
employee believes that there is no justification Subtitle A, Title I, Book V, E.O. No. 292).
for the transfer, he may appeal his case to the
Commission.
When a person is given a pardon because he
did not truly commit the offense, the pardon
The transfer may be from one department or relieves the party from all punitive
agency to another or from one organizational consequences of his criminal act, thereby
unit to another in the same department or restoring to him his clean name, good
agency: Provided, however, That any reputation and unstained character prior to
movement from the non-career service to the the finding of guilt.
career service shall not be considered a
transfer (Id.).
The bestowal of executive clemency on
petitioner in effect completely obliterated the
An unconsented transfer violates security of adverse effects of the administrative decision
tenure. which found him guilty of dishonesty and
ordered his separation from the service. This
can be inferred from the executive clemency
That security of tenure is an essential and
itself exculpating petitioner from the
constitutionally guaranteed feature of our
administrative charge and thereby directing
Civil Service System, is not open to debate.
his reinstatement, which is rendered
The mantle of its protection extends not only
automatic by the grant of the pardon. This
against removals without cause but also
signifies that petitioner need no longer apply
against unconsented transfer which, as
to be reinstated to his former employment; he
repeatedly enunciated, are tantamount to
is restored to his office ipso facto upon the
removals which are within the ambit of the
issuance of the clemency (Garcia v. Chairman,
fundamental guarantee. However, the
Commission on Ausit, G.R. No. L-72025,
availability of that security of tenure
September 14, 1993).
necessarily depends, in the first instance,
upon the nature of the appointment. Such
that the rule which proscribes transfers 5. Detail
without consent as anathema to the security
of tenure is predicated upon the theory that The movement of an employee from one
the officer involved is appointed — not agency to another without the issuance of an
merely assigned to a particular station appointment and shall be allowed, only for a
(Yangzon v. DepEd, G.R. No. 200170, June 3, limited period in the case of employees
2019, citing Ibañez v. COMELEC) occupying professional, technical and
scientific positions. If the employee believes
that there is no justification for the detail, he
may appeal his case to the Commission.

17
Pending appeal, the decision to detail the or in connection therewith
employee shall be executory unless otherwise when such fee, gift, or other
ordered by the Commission. valuable thing is given by any
person in the hope or
6. Reassignment expectation of receiving a favor
or better treatment than that
An employee may be reassigned from one
accorded other persons, or
organizational unit to another in the same
committing acts punishable
agency: Provided, That such reassignment
under the anti-graft laws;
shall not involve a reduction in rank, status or
salary. (10) Conviction of a crime
involving moral turpitude;
(11) Improper or unauthorized
7. Reemployment
solicitation of contributions
Names of persons who have been appointed from subordinate employees
permanently to positions in the career service and by teachers or school
and who have been separated as a result of officials from school children;
reduction in force or reorganization, shall be (12) Violation of existing Civil
entered in a list from which selection for Service Law and rules or
reemployment shall be made. reasonable office regulations;
(13) Falsification of official
G. ACCOUNTABILITY OF PUBLIC document;
OFFICERS (14) Frequent unauthorized
1. DISCIPLINE absences or tardiness in
a. Grounds reporting for duty, loafing or
(i) Administrative (Sec. 46, Chapter 7, frequent unauthorized
Subtitle A, Title I, Book V, E.O. No. absences from duty during
292). regular office hours;
(1) Dishonesty; (15) Habitual drunkenness;
(2) Oppression; (16) Gambling prohibited by law;
(3) Neglect of duty; (17) Refusal to perform official duty
(4) Misconduct; or render overtime service;
(5) Disgraceful and immoral (18) Disgraceful, immoral or
conduct; dishonest conduct prior to
(6) Being notoriously undesirable; entering the service;
(7) Discourtesy in the course of (19) Physical or mental incapacity
official duties; or disability due to immoral or
(8) Inefficiency and incompetence vicious habits;
in the performance of official (20) Borrowing money by superior
duties; officers from subordinates or
(9) Receiving for personal use of a lending by subordinates to
fee, gift or other valuable thing superior officers;
in the course of official duties

18
 (21) Lending money at usurious (c) Malversation of public
rates of interest; (d) Infidelity of public officers
(22) Willful failure to pay just debts (e) Other offenses and
or willful failure to pay taxes irregularities committed by
due to the government; public officers under
(23) Contracting loans of money or Chapter Six of the RPC
other property from persons (ii) Anti-Graft and Corrupt
with whom the office of the Practices Act
employee concerned has (iii) Code of Conduct and
business relations; Ethical Standards
(24) Pursuit of private business,
vocation or profession without Any public official or
the permission required by employee, regardless of
Civil Service rules and whether or not he holds
regulations; office or employment in a
(25) Insubordination; casual, temporary,
(26) Engaging directly or indirectly holdover, permanent or
in partisan political activities regular capacity,
by one holding a non-political committing any violation of
office; this Act shall be liable.
(27) Conduct prejudicial to the best Violations proven in proper
interest of the service; administrative proceeding
(28) Lobbying for personal interest shall be sufficient cause for
or gain in legislative halls or removal or dismissal of a
offices without authority; public official or employee,
(29) Promoting the sale of tickets in even if no criminal
behalf of private enterprises prosecution is instituted
that are not intended for against him (Sec. 11(a)(b),
charitable or public welfare R.A. No. 6713).
purposes and even in the latter
cases if there is no prior
(iv) Forfeiture of Unexplained
authority;
Wealth Act
(30) Nepotism as defined in Section
(v) Civil Service Decree
60 of this Title.
(vi) Government Auditing Code
(ii) Criminal (vii) Local Government Code
(i) Crimes committed under the (viii) National Internal Revenue
Revised Penal Code Code
(a) Malfeasance and (ix) Omnibus Election Code
misfeasance in office
(b) Frauds and illegal exactions
and transactions

19
b. Jurisdiction qualification standards — are within the
exclusive jurisdiction of the Civil Service
Jurisdiction of Heads of Ministries,
Commission (Mantala v. Salvador, G.R. No.
Agencies and Instrumentalities,
101646, February 13, 1992).
Provinces, Cities and Municipalities

Jurisdiction over Administrative

They shall have jurisdiction to investigate
Disciplinary Actions Against Elective
and decide matters involving disciplinary
Officials
action against officers and employees
under their jurisdiction. Their decisions All Administrative complaints, duly
shall be final in case the penalty imposed verified, against elective local officials x x
is suspension for not more than thirty x shall be acted upon by the President.
days or fine in an amount not exceeding The President, who may act through the
thirty days' salary. In case the decision Executive Secretary, shall hereinafter be
rendered by a bureau or office head is referred to as the Disciplining Authority
appealable to the Commission, the same (Sec. 2, A.O. No. 23, s. 1992).
may be initially appealed to the
department and finally to the Commission Administrative complaint may also be
and pending appeal, the same shall be lodged to the Investigating Authority
executory except when the penalty is under Sec. 3 of A.O. No. 23.
removal, in which case the same shall be
executory only after confirmation by the
department head (Sec. 37, P.D. 807). c. Dismissal, Preventive, Suspension,
Reinstatement and Back Salaries

Jurisdiction of CSC Dismissal

The CSC has jurisdiction over the No officer or employee of the civil service
employees of Government branches, shall be removed or suspended except for
subdivisions, instrumentalities, and cause provided by law (CONST., Art. IX-
agencies, including government-owned or B, Sec. 2(3)).
-controlled corporations with original
charters. It has the authority to hear and Sec. 50(A), Rule 10 of the 2017 Rules on
decide administrative disciplinary cases Administrative Cases in the Civil Service
instituted directly with it or brought to it provides that the following grave offenses
on appeal and to enforce or order shall be punishable by dismissal from the
execution of its decisions, resolutions or service:
orders. (1) Serious Dishonesty;
Dishonesty has been defined as the
Disciplinary cases, and cases involving disposition to lie, cheat, deceive or
“personnel action” affecting employees in defraud; untrustworthiness; lack of
the Civil Service, including “appointment integrity; lack of honesty, probity or
through certification, promotion, transfer, integrity in principle; lack of fairness
reinstatement, reemployment, detail, and straightforwardness; disposition
reassignment, demotion and separation," to defraud, deceive or betray.
and, of course, employment status and Although dishonesty covers a broad

20
 spectrum of conduct, Civil Service Habits;
Commission (CSC) Resolution No. (8) Receiving for personal use of a fee,
06-0538 set the criteria for gift or other valuable thing in the
determining the severity of dishonest course of official duties or in
acts. connection therewith when such fee,
gift or other valuable thing is given
CSC Resolution No. 06-0538 by any person in the hope or
recognizes that dishonesty is a grave expectation of receiving a favor or
offense generally punishable by better treatment than that accorded to
dismissal from service. Nonetheless, other persons, or committing acts
some acts of dishonesty are not punishable under the anti-graft and
constitutive of offenses so grave that corrupt laws;
they warrant the ultimate penalty of (9) Contracting loans of money or other
dismissal. Thus, the CSC issued property from persons with whom
parameters "in order to guide the the office of the employee has
disciplining authority in charging the business relations;
proper offense" and in imposing the (10) Soliciting or accepting directly or
correct penalty (Committee on Security indirectly, any gift, gratuity, favor,
and Safety v. Dianco, A.M. No. CA-15- entertainment, loan or anything of
31-), June 16, 2015). monetary value in the course of one’s
official duties or in connection with
Section 3 thereof enumerates the any operation being regulated by, or
various ways by which an act of any transaction which may be
dishonesty is considered serious (Dela affected by the functions of one’s
Flor, Jr. v. Montoyo, A.M. No. P-14- office. The propriety or impropriety
3242, October 5, 2021). of the foregoing shall be determined
(2) Gross neglect of Duty; by its value, kinship, or relationship
(3) Grave Misconduct; between giver and receiver and the
It must be emphasized that "to motivation. A thing of monetary
constitute an administrative offense, value is one which is evidently or
misconduct should relate to or be manifestly excessive by its very
connected with the performance of nature;
the official functions and duties of a (11) Nepotism;
public officer. Without the nexus All appointments in the national,
between the act complained of and provincial, city and municipal
the discharge of duty, the charge of governments or in any branch or
misconduct shall necessarily fail instrumentality thereof, including
(Rodil v. Posadas, A.M. No. CA-20-36-P, government-owned or controlled
August 3, 2021). corporations, made in favor of a
(4) Being Notoriously Undesirable; relative of the appointing or
(5) Conviction of a Crime Involving recommending authority, or of the
Moral Turpitude; chief of the bureau or office, or of the
(6) Falsification of Official Document; persons exercising immediate
(7) Physical or Mental Disorder or supervision over him, are hereby
Disability due to Immoral or Vicious prohibited.

21
 The word “relative” and members of sufficient cause for removal or dismissal
the family referred to are those of an official employee, even if no
related within the third degree either criminal prosecution is instituted against
of consanguinity or of affinity. But him.
this restriction shall not be applicable
to the case of a member of any family Preventive Suspension
who, after his or her appointment to Preventive suspension is not a penalty. It
any position in an office or bureau, is designed merely as a measure of
contracts marriage with someone in precaution so that the respondent may be
the same office or bureau, in which removed from the scene of the alleged
event the employment or retention misfeasance, malfeasance, or nonfeasance
therein of both husband and wife while the case is being investigated (Sec.
may be allowed. 28, Rule 7, 2017 RACCS).

Exempted on nepotism: The proper disciplining authority may,

(a) persons employed in a instead of removing an erring public
confidential capacity, (b) teachers, (c) officer for the time period, proceed with
physicians, and (d) members of the the Alternative Preventive Suspension
Armed Forces of the Philippines: wherein said public officer is reassigned
Provided, however, That in each to another unit or agency, as provided in
particular instance full report of such Section 30, rule 7 of 2017 RACCS.
appointment shall be made to the
Commission (Sec. 59(1)(2), Chapter 8, Grounds for Preventive Suspension
Subtitle A, Title I, Book V, E.O. No. (A) The charge involves:
292). o Dishonesty;
(12) Disloyalty to the Republic of the o Oppression;
Philippines and to the Filipino o Grave Misconduct;
people. o Neglect in the Performance
of Duty;
Primarily confidential appointee is not o Other offenses punishable
subject to removal at the pleasure of the by dismissal from the
appointing authority. Instead,
service; or
termination of such an appointee’s official
o An administrative offense
relation can be justified on the ground of
committed on its second or
loss of confidence, which involves no
third instance and the
removal but merely the expiration of the
term of office (Hernandez vs. Villegas, G.R. penalty is dismissal from
No. L-17287, June 30, 1965). the service.
(B) The respondent is in a position to
exert undue influence or pressure
The Code of Conduct and Ethical
on the witness and/or tamper with
Standards for Public Officials and
evidence.
Employees (R.A. No. 6713) likewise
provide that any violation of the Conduct
provided therein, when proven in a NOTE: For preventive suspension
proper administrative proceeding shall be to be valid, any of the conditions in

22
 items A and B must be present. Preventive Suspension Pending
Investigation as distinguished from
Duration of Preventive Suspension Preventive Suspension Pending Appeal
1. Civil Service Law – Preventive Preventive
• Maximum period of ninety (90) Suspension Suspension Pending
days in the case of national Pending Appeal
agencies including GOCC with Investigation
original charters, State Not a penalty but Actually punitive
Universities and Colleges (SUCs); only a means of although it is in
or enabling the effect subsequently
• sixty (60) days in the case of local disciplining considered illegal if
government units including local authority to respondent is
conduct an exonerated and the
universities and colleges (LUCs).
unhampered administrative
2. Local Government Code –
investigation decision finding
• Sixty (60) to ninety (90) days [if
him guilty is
several administrative cases are reversed. Hence, he
filed] for local elective officials should be reinstated
(Sec. 63). with full pay for the
• not exceeding sixty (60) days for period of the
appointive local officials and suspension.
employees (Sec. 85). (Quimbo v. Gervacio, G.R. No. 155620,
3. Ombudsman Act – not more than six August 9, 2005).
(6) months (sec. 24, R.A. No. 6770).
Reinstatement and Back Salaries
Not being a penalty, the period within Reinstatement and backwages are reliefs
available to an illegally dismissed
which one is under preventive
employee. Reinstatement restores the
suspension is not considered part of the
employee who was unjustly dismissed to
actual penalty of suspension.
the position from which he was removed,
that is, to his status quo ante dismissal,
Once the allowable period of preventive while the grant of backwages allows the
suspension had been served, the public same employee to recover from the
officials and employees must be employer that which he had lost by way
automatically reinstated (Baculi v. Office of of wages as a result of his dismissal.
the President, G.R. No. 188681, March 8,
2017). A government official or employee
reinstated for having been illegally
dismissed is considered as not having left
his office. His position does not become
vacant and any new appointment made
in order to replace him is null and void ab
initio.

23
As regards the award of back salaries, it is d. Condonation Doctrine
settled jurisprudence that an illegally
The Condonation Doctrine, also known as
terminated civil service employee is
entitled to back salaries limited only to a the Aguinaldo Doctrine, provides that a
maximum period of five years, and not public official cannot be removed for
full back salaries from his illegal administrative misconduct committed
termination up to his reinstatement (CSC during a prior term since his re-election to
v. Moralde, G.R. No. 211022, April 18, office operates as a condonation of his
2018). past misconduct. (Aguinaldo v. Santos, G.R.
No. 94115, August 21, 1992).
The award of back salaries even for
unworked days to illegally dismissed or However, the Supreme Court has clarified
unjustly suspended employees is based in the case of Madreo v. Bayron G.R. No.
on the constitutional provision that "no
237330; Ombudsman v. Bayron, G.R. No.
officer or employee in the civil service
237579, November 3, 2020, that the doctrine
shall be removed or suspended except for
of condonation can no longer be used by
cause provided by law"; to deny these
employees their back salaries amounts to elected public officials as a defense if they
unwarranted punishment after they have have been re-elected on or after April 12,
been exonerated from the charge that led 2016, following its abandonment in Carpio-
to their dismissal or suspension. The Morales. It held: “With the abandonment
present legal basis for an award of back of the condonation doctrine in Carpio-
salaries is Section 47, Book V of the Morales, which became final on 12 April
Administrative Code of 1987. (CSC v. 2016, any re-elections of public officials on
Cruz, G.R. No. 187858, August 9, 2011). said date and onwards no longer have the
effect of condoning their previous
If the exoneration of the employee is
misconduct.”
relative (as distinguished from complete
exoneration), an inquiry into the factual
In reviewing the Condonation Doctrine,
premise of the offense charged and of the
the Court explained that such doctrine is
offense committed must be made. If the
administrative offense found to have plainly inconsistent with the concept of
been actually committed is of lesser public office is a public trust and the
gravity than the offense charged, the corollary requirement of accountability to
employee cannot be considered the people at all times, as mandated under
exonerated if the factual premise for the the 1987 Constitution.
imposition of the lesser penalty remains
the same. The employee found guilty of a The Court also held that the condonation
lesser offense may only be entitled to doctrine is applicable through a recall
back salaries when the offense actually election. It said: “A recall elections
committed does not carry the penalty of
presupposes the same collective resolution
more than one month suspension or
of the constituents to condone the alleged
dismissal (id.).
misconduct. This is no different from re-
election by regular election.”

24
2. IMPEACHMENT 4. Graft and Corruption;
5. Other high crimes; or
Impeachment refers to the power of Congress
6. Betrayal of public trust (CONST. Art.
to remove a public official for serious crimes
or misconduct as provided in the XI, Sec. 2).
Constitution (Corona v. Senate of the
Philippines, G.R. No. 200242, July 17, 2012).
Limitations
No impeachment proceedings shall be
Impeachment is a constitutional process that initiated against the same official more than
takes place within the political departments once within a period of one year (CONST.,
of our government. The House of Art. XI, Sec. 3(5)).
Representatives accuses and the Senate,
sitting as an Impeachment Court, decides.
Public opinion, as well as the facts established The purpose of one-year bar rule is two-fold:
by the evidence and the grounds and to prevent undue or too frequent harassment;
processes prescribed by the basic law, steer and to allow the legislature to do its principal
and weigh heavily in the formulation of its task of legislation (Francisco v. House of
outcome. Nevertheless, the pervasive realm Representatives, G.R. No. 160261, November 10,
of the courts that is judicial review is retained 2003).
as to any act within the limits of discretion
provided by the Constitution (Re: Letter of Who may Initiate
Mrs. Ma. Cristina Roco Corona Requesting the
The House of Representatives shall have the
Grant of Retirement and Other Benefits to the
exclusive power to initiate all cases of
Late Former Chief Justice Renato C. Corona and
impeachment (CONST., Art. XI, Sec. 3(1)).
her Claim for Survivorship Pension as his Wife
under R.A. No. 9946, A.M. No. 20-07-10-SC,
January 12, 2021) Procedure
1. Filing of a verified complaint for
Impeachable Officers impeachment made either by:
(a) Any member of the House of
1. President;
2. Vice President; Representatives
• In case the verified complaint
3. Members of the Supreme Court;
or resolution of impeachment is
4. Members of the Constitutional
filed by at least one-third of all
Commissions; and
the Members of the House, the
5. Ombudsman
same shall constitute the
NOTE: It is an exclusive list under Sec. 2, Art. Articles of Impeachment, and
XI, Constitution. trial by the Senate shall
forthwith proceed.
(b) Any citizen upon a resolution of
Grounds for Impeachment
endorsement by any Member the
1. Culpable violation of the Constitution; House
2. Treason; 2. Inclusion of the complaint in the Order
3. Bribery; of Business within ten session days

25
 3. Referral to the proper Committee No. 6770).
within three session days
4. The Committee, after hearing, and by a Composition
majority vote of all its Members, shall • Ombudsman;
submit its report to the House within • 1 overall Deputy;
sixty session days from such referral, • At least 1 Deputy each for Luzon,
together with the corresponding Visayas, and Mindanao; and
resolution. • 1 Deputy for the military
5. Resolution to be calendared for establishment (CONST., Art. XI, Sec.
consideration by the House within ten 5).
session days from receipt thereof.
6. A vote of at least one-third of all the
Disqualification and Inhibitions
Members of the House shall be
• Shall not hold any other office or
necessary either to affirm a favorable
employment;
resolution with the Articles of
• Shall not engage in the practice of
Impeachment of the Committee, or
any profession or in the active
override its contrary resolution
management or control of any
(CONST., Art. XI, Sec. 3 (2)(3)(4)).
business which in any way may be
affected by the functions of his
Effects of Impeachment office;
1. Removal from office; • Shall not be financially interested,
2. Disqualification to hold any office directly or indirectly, in any
under the Republic of the Philippines; contract with, or in any franchise or
3. The public officer still liable and special privilege granted by the
subject to prosecution, trial, and government, or any of its
punishment according to law subdivision, agency or
(CONST., Art. XI, Sec. 3 (7)). instrumentality thereof, including
GOCC or their subsidiaries;
3. THE OMBUDSMAN • Shall not be qualified to run for any
Mandate office in the election immediately
The Ombudsman and his Deputies, as following their cessation from
protectors of the people, shall act office; and
promptly on complaints filed in any form • Shall not be allowed to appear or
or manner against officers or employees of practice in the Ombudsman for 2
the Government, or of any subdivision, years following their cessation from
agency or instrumentality thereof, office (Sec. 9, R.A. No. 6770).
including government-owned or
controlled corporations, and enforce their
administrative, civil and criminal liability Jurisdiction
in every case where the evidence warrants
The Office of the Ombudsman has
in order to promote efficient service by the
disciplinary authority over all elective
Government to the people (Sec. 13, R.A.
and appointive officials of the

26
 government and its subdivisions, investigatory agency of Government, the
instrumentalities, and agencies, with investigation of such cases.
the exception only of impeachable
officers, Members of Congress, and the (2) Direct, upon complaint or at its own
Judiciary. Nonetheless, the instance, any public official or employee
Ombudsman retains the power to
of the Government, or any subdivision,
investigate any serious misconduct in
agency or instrumentality thereof, as well
office allegedly committed by officials
as of any government-owned or controlled
removable by impeachment, for the
corporation with original charter, to
purpose of filing a verified complaint
for impeachment, if warranted (Carpio- perform and expedite any act or duty
Morales vs. Binay, G.R. No. 217126-27, required by law, or to stop, prevent, and
November 10, 2015). correct any abuse or impropriety in the
performance of duties.

The Ombudsman has concurrent

(3) Direct the officer concerned to take
jurisdiction over certain administrative
cases which are within the jurisdiction appropriate action against a public official
of the regular courts or administrative or employee at fault, and recommend his
agencies, but has primary jurisdiction removal, suspension, demotion, fine,
to investigate any act or omission of a censure, or prosecution, and ensure
public officer or employee who is compliance therewith; or enforce its
under the jurisdiction of the disciplinary authority as provided in
Sandiganbayan (id.). Section 21 of this Act (RA 6770): Provided,
That the refusal by any officer without just
a. Functions cause to comply with an order of the
Ombudsman to remove, suspend, demote,
Sec. 13, Art. XI of the Constitution in
fine, censure, or prosecute an officer or
conjunction with R.A. No. 6770 or the
employee who is at fault or who neglects
Ombudsman Act, provide the powers,
to perform an act or discharge a duty
functions and duties of the Office of the
required by law shall be a ground for
Ombudsman:
disciplinary action against said officer;

(1) Investigate on its own, or on complaint

(4) Direct the officer concerned, in any
by any person, any act or omission of any
appropriate case, and subject to such
public official, employee, office or agency,
limitations as may be provided by law, to
when such act or omission appears to be
furnish it with copies of documents
illegal, unjust, improper, or inefficient.
relating to contracts or transactions
entered into by his office involving the
It has primary jurisdiction over cases
disbursement or use of public funds or
cognizable by the Sandiganbayan and, in
properties, and report any irregularity to
the exercise of his primary jurisdiction, it
the Commission on Audit for appropriate
may take over, at any stage, from any
action.

27
(5) Request any government agency for (11) Delegate to the Deputies, or its
assistance and information necessary in investigators or representatives such
the discharge of its responsibilities, and to authority or duty as shall ensure the
examine, if necessary, pertinent records effective exercise or performance of the
and documents. powers, functions, and duties herein or
hereinafter provided (Sec. 15(10), RA
(6) Publicize matters covered by its 6770).
investigation when circumstances so
warrant and with due prudence. (12) Investigate and initiate the proper
action for the recovery of ill-gotten and/or
Provided, That the Ombudsman under its unexplained wealth amassed after
rules and regulations may determine what February 25, 1986 and the prosecution of
cases may not be made public: Provided, the parties involved therein (Sec. 15(11),
further, That any publicity issued by the RA 6770).
Ombudsman shall be balanced, fair and
true
b. Judicial Review in Administrative
Proceedings
(7) Determine the causes of inefficiency,
• When unappealable - Findings
red tape, mismanagement, fraud, and
of fact by the Office of the
corruption in the Government and make
Ombudsman when supported
recommendations for their elimination
by substantial evidence are
and the observance of high standards of
conclusive. Any order, directive
ethics and efficiency.
or decision imposing the
penalty of public censure or
(8) Promulgate its rules of procedure and
reprimand, suspension of not
exercise such other powers or perform
more than one (1) month's
such functions or duties as may be
salary shall be final and
provided by law.
unappealable.

(9) Administer oaths, issue subpoena and • Via Rule 43, CA - The Office of
subpoena duces tecum, and take the Ombudsman's decision may
testimony in any investigation or inquiry, be appealed to the Court of
including the power to examine and have Appeals on a verified petition
access to bank accounts and records (Sec. for review under the
15(8), RA 6770). requirements and conditions set
forth in Rule 43 of the Rules of
(10) Punish for contempt in accordance Court, within fifteen (15) days
with the Rules of Court and under the from receipt of the written
same procedure and with the same Notice of the Decision or Order
penalties provided therein (Sec. 15(9), RA denying the Motion for
6770). Reconsideration.

28
 • Via Rule 45, SC - In all by R.A. No. 10660, and in conjunction with
administrative disciplinary the 2018 Revised Internal Rules of the
cases, orders, directives, or Sandiganbayan, the Sandiganbayan is
decisions of the Office of the composed of:
Ombudsman may be appealed 1. Presiding Justice; and
to the Supreme Court by filing a 2. Twenty (20) Associate Justices,
petition for certiorari within ten
(10) days from receipt of the
Exclusive Original Jurisdiction of the
written notice of the order,
Sandiganbayan
directive or decision or denial of
1. Violations of following:
the motion for reconsideration
• Anti-Graft and Corrupt
in accordance with Rule 45 of
Practices Act (R.A. No. 3019);
the Rules of Court (Eleazar v.
• An Act Declaring Forfeiture in
Office of the Ombudsman, G.R.
Favor of the State any Property
No. 224399, August 24, 2020).
Found to have been Unlawfully
The above rules may be amended Acquired by any Public Officer
or modified by the Office of the or Employee and Providing for
Ombudsman as the interest of the Proceeding Therefor (R.A.
justice may require.
No. 1379);
• Chapter II, Sec. 2, Title VII, Book
II of the Revised Penal Code
c. Judicial Review in Penal Proceedings
• Via Rule 65 – The remedy from
the Ombudsman's orders or 2. Offenders
resolutions in criminal cases is
For the Sandiganbayan to acquire
to file a petition for certiorari
jurisdiction, the violation shall be
under Rule 65 of Rules of Court
committed by
(Quarto v. The Honorable
Ombudsman Simeon Marcelo, a. Officials of the executive branch
G.R. No. 169042, October 5, 2011). occupying the positions of Regional
Director and higher, otherwise
4. THE SANDIGANBAYAN classified as Grade ‘27’ and higher,
of the Compensation and Position
Sandiganbayan was created under P.D. No.
Classification Act of 1989 (R.A. No.
1606, as amended by R.A. 8249. It is a special
court, of the same level as the Court of 6758), specifically including:
Appeals and possessing all the inherent (i) Provincial governors, vice-
powers of a court of justice. governors, members of the
sangguniang
panlalawigan, and
Composition
provincial treasurers,
Under P.D. 1606, as amended by R.A. No.
assessors, engineers, and
7975 and R.A. No. 8249, and further amended

29
 other provincial thereof classified as Grade ’27’ and
department heads higher under the Compensation
(ii) City mayors, vice-mayors, and Position Classification Act of
members of the 1989;
sangguniang panlungsod, d. Members of the judiciary without
prejudice to the provisions of the
city treasurers, assessors,
Constitution;
engineers, and other city
e. Chairmen and members of the
department heads;
Constitutional Commissions,
(iii) Officials of the diplomatic without prejudice to the provisions
service occupying the of the Constitution; and
position of consul and f. All other national and local officials
higher; classified as Grade ’27’ and higher
(iv) Philippine army and air under the Compensation and
force colonels, naval Position Classification Act of 1989.
captains, and all officers of g. Other offenses or felonies whether
higher rank; simple or complexed with other
(v) Officers of the Philippine crimes committed by the public
National Police while officials and employees mentioned
above in relation to their office.
occupying the position of
h. Civil and criminal cases filed
provincial director and
pursuant to and in connection with
those holding the rank of
Executive Order Nos. 1, 2, 14 and
senior superintendent and 14-A, issued in 1986 (Sec. 4, R.A.
higher; No. 10660).
(vi) City and provincial
prosecutors and their Note: It should be noted that private
assistants, and officials and individuals can be sued in cases before
prosecutors in the Office of the Sandiganbayan if they are alleged
the Ombudsman and to be in conspiracy with the public
special prosecutor; officer.
(vii) Presidents, directors or
trustees, or managers of Note: The RTC shall have exclusive
government-owned or original jurisdiction where the
controlled corporations, information:
state universities or
(a) Does not allege any damage to the
educational institutions or
government or any bribery; or
foundations. (b) Alleges damage to the government
or bribery arising from the same or
b. Presidents, directors or trustees, or
closely related transactions or acts
managers of GOCCs, state
in an amount not exceeding One
universities or educational
million pesos (P1,000,000.00).
institutions or foundations;
c. Members of Congress and officials

30
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
(Sec. 4, R.A. No. 10660).

The procedure prescribed in Batas Pambansa

Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and
may hereafter promulgate, relative to
appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions
for review filed with the Sandiganbayan (Sec.
4, R.A. No. 10660).
-oOo-

31