Pamantasan ng Lungsod ng Maynila
College of Law
LAW ON PUBLIC OFFICERS
Atty. Mazna R. Lutchavez
I. Public Office
A. Definition
B. Characteristics
Cases:
• Laurel v. Desierto, G.R. No. 145368 (Definition of
Public Office)
• Cornejo v. Gabriel, G.R. No. L-16887 (Essential
Characteristics of Public Office)
• Flores v. Drilon G.R. No. 104732, June 22, 1993
(Office vs Employment)
• Arafiles v. Court of Appeals G.R. No. 96106, July 14,
1995 (Delegation of Sovereign Powers)
• Rodriguez v. Tan 91 Phil. 724, 1952 (Tenure and
Nature of Office)
• Reyes v. Bagatsing G.R. No. L-65366, November 9,
1983 (Position as Public Trust)
II. Public Officers
A. Definition
B. Kinds of Public Officers
C. Classification of Career Service Positions
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Cases:
• Quinto v. COMELEC G.R. No. 189698, February 22,
2010 (Elective vs Appointive Officers)
• Achacoso v. Macaraig G.R. No. 93023, December 6,
1990 (Permanent vs Temporary Officers)
• Funa v. Acting Secretary of Justice G.R. No. 191644,
February 19, 2013 (De Jure vs De Facto Officers)
• Sarmiento v. Mison G.R. No. 79974, December 17,
1987 (Career vs Non-Career Positions)
• De los Santos v. Mallare 87 Phil. 289, 1950 (Policy-
Determining, Primarily Confidential, and Highly
Technical Positions)
• UP Board of Regents v. Rasul G.R. No. 91551,
September 3, 1991 (Tenure of Career Service
Employees)
• Land Bank of the Philippines v. Panlilio-
Luciano G.R. No. 154228, January 23, 2006 (Civil
Service Protections)
III. Qualifications and Disqualifications
A. Elective Officers
Cases:
• Marcos v. COMELEC (G.R. No. 189698, June 28,
2010) (Citizenship and Residency Requirements)
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• Jalosjos v. COMELEC, G.R. No. 205033, June 18,
2013 (Effectivity of Accessory Penalty and
Disqualification Due to Conviction)
• Ochoa v. COMELEC, G.R. No. 183662, June 30,
2009 (Disqualification from Public Office)
• Mercado v. Manzano, G.R. No. 135083, May 26, 1999
(Dual Citizenship as Disqualification
• Borja Jr. v. Commission on Elections G.R. No.
133495, September 3, 1998 (Term Limits and
Prohibition on Consecutive Terms)
B. Appointive Officers
Cases:
• Cruz v. Civil Service Commission, G.R. No. 138726,
April 27, 2000 (Merit-based Qualifications)
• Reyes v. CSC, G.R. No. 104903, March 5, 1993 (Good
Moral Character Requirement)
• Ombudsman v. Valeroso, G.R. No. 167828, March 6,
2007 (Disqualification Due to Administrative Case)
• Brillantes v. Yorac, G.R. No. 93867, December 18, 1990
(Ineligibility of Candidates for Appointed Positions)
• Debulgado v. CSC, G.R. No. 111471, June 20, 1994
(Nepotism)
• Central Bank v. Cloribel,G.R. No. L-34964, April 11,
1989 (Security of Tenure)
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IV. Relationship with Public Office
A. Popular Election
B. By Direct Provision of Law
C. Attesting Authority of the Civil Service Commission
D. Nature of Appointment
E. Other Human Resource Actions
F. Presidential Appointment
G. Commission on Appointments
H. Judicial and Bar Council
I. Prohibited Appointments
Cases:
• Sarmiento III v. Mison (G.R. No. 79974, December
17, 1987)( Appointment to Constitutional Offices)
• Chavez v. Judicial and Bar Council (G.R. No.
202242, July 17, 2012) (Judicial Appointments and
Public Office)
• Aytona v. Castillo (G.R. No. L-19313, January 19,
1962) (Prohibited Appointments
• CSC v. Salas (G.R. No. 110503, November 16, 1994)
(Nature of Appointment to Public Office)
V. Accountability of Public Officers
A. Norms of Conduct
B. Duties of Public Officials and Employees
C. Prohibited Acts and Transactions
D. Corrupt Practices of Public Officers
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Cases:
• Philippine National Bank v. Sandiganbayan, G.R.
No. 96379, November 22, 199 (Ethical Standards and
Conduct Expected of Public Officers)
• Mendoza v. Civil Service Commission, G.R. No.
133137, June 18, 2001 ( Duty of Public Officials to
Perform their Responsibilities with Diligence)
• OCA v. Cruz, A.M. No. P-143260 (Habitual
Absenteeism and Adherence to Administrative Policies)
• Zoleta v. Sandiganbayan, G.R. No. 185224 (Proper
Use of Public Funds)
VI. Liability and Immunity of Public Officers
A. Three-fold Liability Rules
B. Doctrine of Official Immunity
C. Parliamentary Immunity
D. Presidential Immunity from Suit
Cases:
• Domingo v. Rayala, G.R. No. 155831 (Dismissal of a
Public Officer for Serious Misconduct)
• Office of the President and PAGC v. Cataquiz, G.R.
No. 183445 (iImmunity does not shield actions of
Corrupt Practices)
• Larin v. Executive Secretary, G.R. No. 112745
(Appointments made in Violation of the Law or
Constitutional Restrictions)
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• Arias v. Sandiganbayan, 259 Phil 794
(Malversation and Fraudulent Practices involving public
funds)
• Garcia Jr. v. Ombudsman, 747 Phil 445 (Gross Neglect
of Duty and Dishonesty)
• Vinzons-Chato v. Fortune Tobacco Corporation,
G.R. No. 141309 (Conflict of Interest and the Improper
Conduct of Public Officers)
• Civil Service Commission v. Sojor, G.R. No. 168766
(Due Process before Termination
VII. Administrative Discipline
A. Disciplinary Cases in the Civil Service
B. Administrative Offenses and Penalties
C. Sexual Harassment
D. Violations of the Anti-Red Tape Act of 2007
E. Procedure in Administrative Cases
Cases:
• Remolona v. CSC, G.R. 414 Phil 590 (Revocation of a
public official’s appointment due to misrepresentation
and violations of Civil Service rules)
• Morales v. CA, G.R. No. 164679 (Due Process in
Administrative Cases)
• Ombudsman v. Andutan, G.R. No. 164679
(Ombudsman’s authority to investigate and discipline
public officials for acts of corruption and abuse of
authority.)
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VIII. Termination of Relations
A. Resignation
B. Dismissal or Removal
C. Retirement
D. Abolition of Office
E. Reorganization
F. Impeachment
G. Quo warranto
H. Recall
I. Expulsion
J. End of Term
K. Abandonment
Cases:
• Cuenco vs. Fernan, A.M. No. 3135 (Grave Misconduct
as a Ground for Termination)
• Lastimosa- Dalawampu vs. Mojica, A.M. No. 4683
(Unlawful Conduct as Grounds for Dismissal)
• Francisco, Jr. vs. Nagmamalasakit na mga
Manananggol ng mga Manggagawang Pilipino,
Inc., G.R. No. 160261(Termination Due to Breach of
Terms)
• Gutierrez vs. House of Representatives Committee
on Justice, G.R. No. 193459 (Lack of Qualifications:
Removal from office)
• Corona vs. Senate of the Philippines, G.R. No. 200242
(Impeachment as a lawful means to terminate a public
officer’s tenure)
• Gonzales III vs. Office of the President, G.R. No.
196231 (Presidential Authority to Remove Public
Officers)
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• Bautista vs. Negado, G.R. No. L-14319, May 26, 1960
(Abuse of Office as Grounds for Termination)
