Administrative Law

That branch of public law which fixes the organization and determines the competence of administrative
authorities and indicates the individual remedies for the violation of his rights

Characteristics

1. public law
2. fixes the organization and
3. determines the competence of administrative authorities and
4. indicates the individual remedies for the violation of his rights

Administrative Bodies or Agencies

Organ of the government other than a court or legislature, which affects the rights of private parties either
through adjudication or rule making

A body or agency is administrative when its functions are primarily regulatory even if it conducts hearings
and determines controversies to carry oout its regulatory duties

Powers of Administrative Agencies

1. Quasi legislative
2. Quasi-judicial or adjudicatory
3. Determinative functions

Quasi-Legislative Powers (power of subordinate legislation)

Authority to fix the details in the execution and enforcement of a policy set out by the law itself.

Requisites for validity

a. Issued under authority of law
b. Within the scope and purview of the law

The legislation must be germane to the purpose of the law in such a way that it does not contradict bit
conforms to the standards prescribed by the law

Ex of Invalid subordinate legislation: Openning of Trust account as mode of payment for lands under CARP

c. Reasonable
d. Publication, except in regulations which are merely internal in nature


Limitation of Quasi-Legislative Powers

The function of promulgating rules and regulations may only be exercised for the purpose of carrying out the
provisions of the law in effect.

Kinds of Admin Rules and regulations

a. Supplementary Legislation
b. Inteprpretaative Legislation
c. Contingent Legislation
Additional requisites for administrative rules with penal sanctions
a. The Law must itself declare as punishable the violation of the administrative rule or regulation


b. The law should defimne or fix the penalty for the violation of the administrative rule or regulation

Notice and Hearing

GR: No constitutional requirement for notice and hearing in the promulgation of rules and regulations by
administrative agencies
Ex:
a. an administrative rule in the nature of subordinate legislation that is designed to implement the law by
providing its details
b. When an administrative rule substantially adds or increases the burden
c. Adopting or changing prescribed rates by admin agency**
C.1 guidelines prescribing increases in tuititon fees
C.2. Increasing rates for public utility

**2 kinds of Adoption of rates
1. Legislative - Not subject to notice and hearing requirement
2. Administrative agency - SUBJECT to notice and hearing requirements

Determinative Powers

1. Enabling -
2.. Directing
3. Dispensing
4. Examining - Investigatory Power
A. Power to compel witness to attend proceedings
C. Power to punish contempt, MUST be granted by legislative body

Quasi-Judicial Power


Requisites of Administrative due process (HEDSHIP)

a. Right to a hearing
b. Tribunal must consider the evidence presented before it
c. The decision must have something to support itself
d. evidence must be substantial
e. Decision must be based on the evidence adduced in the hearing
f. The judges must act on their independent consideration
g. the decision must be rendered so that parties to the controversies know the issues presented in the case

Administrative Due Process

The essence of administrative due process is an opportunity to be heard and the opportunity to explain ones
side. Accordingly, a formal, trial-type hearing is not AT ALL TIMES necessary. T

Opportunity to be heard can be made either through oral arguments of counsel

Administrative due process does not necessarily require the assistance of counsel

Quasi-Judicial Procedings where notice and hearing are not required

a. Grant of provisional authority for increased rates, or to engage in another line of business
b. Summary proceeding of distrait or levy
c. Cancellation of a passport
d. Abatement of nuisance per se
e. Preventive suspension for public officers



Appeals of Admin review

Res Judicata - Decisions and orders of Admin agencies have the finality, force and effect of a final judgement

Example: petition for certificaiton elections

Application:

To Government: When the Office of the president declared its decision final, it has lost jurisdiciton in
modifying its decision

To Private Individual: decision becomes immediately executory

Citizenship Cases

In citizenship cases, the doctrine of res judicata applies once the following requisites are present

a. Quesiton of citizenship is resolved in a direct proceeding after a full-blown hearing
b. Participation of the solicitor general
c. Affirmed by the Supreme court

Doctrine of Exhaustion of Administrative Remedies

This doctrine calls for resort first to the appropriate administrative authorities in the resolution of a
controversy falling under their jurisdiction and must first be appealed to the administrative superiors up to the
highest level before the same may be elevated to the courts of justice for review.


Reasons
a. Expediency - relief sought from the courts may be unnecessary if relief was first sought from a superior in
the administrative agency
b. Administrative agency must be given a chance to correct its error.
c. Comity and Convenience
d. special Civil Action requirements

Exceptions to the Doctrine of Exhaustion of Admin Remedies (DELIPA LUPA)

1. Violation of Due process

2. When there is Estoppel on the part of the administrative agency concerned

3. When the issue involved is a purely Legal question

4. When there is Irreparable injury

5. When the administrative action is patently illegal amounting to Lack or excess of jurisdiction

6. When the respondent is a Department Secretary whose acts as an Alter ego of the President bears the
implied and assumed approval of the latter

7. When the subject matter is a Private land case proceedings

8. When it would be Unreasonable

9. When no administrative review is provided by Law



10. When the rule does not provide a Plain, speedy, and adequate remedy

11. When the issue of non-exhaustion of administrative remedies has been rendered Moot

12. When there are circumstances indicating the Urgency of judicial intervention

13. When it would amount to a Nullification of a claim; and

14. Where the rule of Qualified political agency applies. (Laguna CATV Network v. Maraan, G.R. No.
139492, Nov. 19, 2002)

Doctrine of Primary Jurisdiction

Under the principle of primary jurisdiction, courts cannot or will not determine a controversy involving
question within the jurisdiction of an administrative body prior to the decision of that question by the
administrative tribunal where the:

1. question demands administrative determination requiring special knowledge, experience and services of
the administrative tribunal;
2. question requires determination of technical and intricate issues of a fact;
3. uniformity of ruling is essential to comply with purposes of the regulatory statute administered

Reason

1. Take full advantage of administrative expertness; and
2. Attain uniformity of application of regulatory laws which can be secured only if determination of the issue
is left to the administrative body


Exhaustion of Admin Remedies Primary Jurisdiction
Applies in cases where the claim is cognizable IN
THE FIRST INSTANCE by admin agency



Concurrent Jursidiction of both the courts and
admin agency but the determination of the case
requires the technical expertise of the administrative
agency

Although the matter is within the jurisdiction of the
court, it must yield to the jurisdiction of the
administrative case

















Law on Public Officers

Public Office - The right, authority or duty created and conferred by law by which for a given period is fixed
by law or enduring at the pleasure of appointing power
- Individual is invested with some sovereign power of the government to be exercised by him for the benefit
of the public

Elements (LDPCP)
a. created by law
b. Possess a delegation of a portion of the sovereign powers of government to be exercised for the benefit of
the public
c. powers and duties must be defined by legislature
d. Power or duty performed without control of superior, Unless superior subordinate relationship is created
by legislaturre
e. Permanence

Public offices created

By: VAT
1. The Constitution
2. Valid statutory enactments
3. Authority of law (Secretary of Department of Transportation and Communications v. Mabalot, G.R. No.
138200, Feb. 27, 2002)

Characteristics

1. It is a public trust.

The principle of public office is a public trust means that the officer holds the public office in trust for the
benefit of the peopleto whom such officers are required to be accountable at all times, and to serve with
utmost responsibility, loyalty, and efficiency, act with patriotism and justice, and lead modest lives. (Sec. 1,
Art. XI, Constitution)

2. It is not a property.
The concept "public office is not a property means that it is outside the commerce of man; hence, it cannot
be the subject of a contract. (Santos v. Secretary of Labor, G.R. No.L-21624, Feb 27, 1968)

3. It is not a vested right.

It is personal to the public officer. It is not a property transmissible to the heirs of the public officer upon the
latters death. (Santos v. Secretary of Labor, G.R. No.L-21624, Feb 27, 1968;)

5. It is not a natural right.

Under our political system, the right to hold public office exists only because and by virtue of some law
expressly

Elements of a public office

A: PILAC

1. Created by Constitution or by law or by some body or agency to which the power to create the office has
been delegated;
2. Invested with Authority to exercise some portion of the sovereign power of the State
3. The powers conferred and the duties to be discharged must be defined directly or impliedly by the
Legislature or through legislative authority;


4. Duties are performed Independently without control unless those of a subordinate.
5. Continuing and Permanent

Modes of Acquiring Public Office

Public offices are filled up either by:
1. Appointment
2. Election
3. Designation the mere imposition of new or additional duties upon an officer to be performed by him in a
special manner.
4. In some instances by contract or by some other modes authorized by law. (Preclaro v. Sandiganbayan, G.R.
No. 111091, Aug. 21, 1995)

Appointment

Appointment is the act of designation by the executive officer, board or body to whom that power has been
delegated, of the individual who is to exercise the powers and functions of a given office.

** Appointment is discretionary on the part of the appointing authority. As long as the minimum
requirements of the office is attained, the Civil Service Commission has no power to nullify the appointment
on the ground that somebody else is qualified.


Appointment, by its very nature, is purely discretionary. Thus, a law mandating the president to appoint the
mayor of Olongapo in an ex-Officio capacity is void. Flores v Drilon. When congress enacts a law limiting
the qualifications for a given position in such a way that it will limit a choice of the choice of the president to
one person, such law becomes unconstitutional as an undue encroachment of legislative powers.


Reason: the head of appointing agency is the one who can best determine the qualifications of the position, as
mandated by law

Designation.

Imposition of additional duties

Regular v Ad Interem v Acting v designation in an acting capacity

REGULAR AD INTERIM TEMPORARY or ACTING DESIGNATION
Made when Congress is
in session
Made when Congress is
NOT in session
Those which last until a
permanent
appointment is issued.
The mere imposition of
new or additional duties
upon an officer to be
performed by him in a
special manner while he
performs the function
of his permanent office.
Made only after the
nomination is
confirmed by CA
Made before such
confirmation
Cannot be validly
confirmed by the CA
because there was no
valid nomination.
The officer is already in
service by virtue of an
earlier appointment,
performing other
functions.


Continues until the
expiration of the term
Shall cease to be valid if
disapproved by CA or
upon the next
adjournment of
Congress. (Sec. 16, Art.
VII, Constitution)
May be terminated at
the pleasure of
appointing power
without hearing or
cause.
Maybe terminated
anytime

Next in rank rule

If a vacancy is filled by promotion, the person holding the next in rank thereto SHALL be considered for
promotion. The rule does not apply to lateral transfers but only if the vacancy is filled by PROMOTIONS.

Promotion Vertical movement from a lower to a higher position.

Kinds of Appointment

Permanent Extended to one who possess the qualifications required AND the Civil service Eligibility
Temporary - Extended to one who possess the qualifications required EXCEPT the Civil service Eligibility.
A temporary appointment is extended if there are no other CS eligibles for the position

** The term regular employee is NOT found under the CSL, it is only found in the Labor code.

Permanent Temporary
Extended to one who possess the qualifications
required AND the Civil service Eligibility


Extended to term of positions
Extended to one who possess the qualifications
required EXCEPT the Civil service Eligibility


Must not exceed 12 Months

** Temporary employees with co-terminous or subject to the pleasure of the appointing authority does not
have any fixed duration. It is only when the appointment is terminated, it is only then that the term is fixed, or
the term expires.

Classification of CSC Positions

1. Career Service
2. Non-Career service

Career service position Characteristics (CESO)

1) Entrance is based on merit and fitness or highly technical qualifications;
2) there is opportunity for advancement to higher career positions; and
3) there is security of tenure.

Classifications of Career service positions

a) The first level shall include clerical, trades, crafts, and custodial service positions which involve
non-professional or subprofessional work in a non-supervisory or supervisory capacity requiring less than
four years of collegiate studies;

b) The second level shall include professional, technical, and scientific positions which involve professional,
technical, or scientific work in a non-supervisory or supervisory capacity requiring at least four years of
college work up to Division Chief level; and

c) The third level shall cover positions in the Career Executive Service



Non-career service positions characteristics (EPlcpd)

1) entrance not by the usual tests of merit and fitness; and
2) tenure which is limited to a period specified by law, coterminous with the appointing authority or subject
to his pleasure, or limited to the duration of a particular project for which purpose employment was made

**All elective positions are considered as non-career positions

Classification of Non-Career Service Positions

1) Elective officials and their personal or confidential staff;
2) Secretaries and other officials of Cabinet rank who hold their positions at the pleasure of the President and
their personal or confidential staff(s);
3) Chairman and members of commissions and boards with fixed terms of office and their personal or
confidential staff;
4) Contractual personnel or those whose employment in the government is in accordance with a special
contract to undertake a specific work or job, requiring special or technical skills not available in the
employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and
performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction
and supervision from the hiring agency; and
5) Emergency and seasonal personnel

Eligibility and Qualification Requirements

Power to appoint

The power to appoint officials is inherently belongs to the people. It belongs to where the people have chosen
to place it by their Constitution or laws. It is Entrusted to designated elected and appointed public officials.

Eligibility v. Qualification

1. Eligibility It is the state or quality of being legally fit or qualified to be chosen.

2. Qualification This refers to the act which a person, before entering upon the performance of his duties, is
by law required to do such as the taking, and often, subscribing and filing of an official oath, and, in some
cases, the giving of an official bond.

It may refer to:
a. Endowments, qualities or attributes which make an individual eligible for public office, (e.g. citizenship);
or
b. The act of entering into the performance of the functions of a public office, (i.e. taking oath of office).


Formal requirements of public officers

1. Citizenship
2. Age
3. Residence
4. Education
5. Suffrage
6. Civil service examination
7. Ability to read and write
8. Political affiliation as a rule, it is not a qualification
XPN: in Party-List, Membership in the Electoral Tribunal, Commission on Appointment




Disabilities and Inhibitions of Public Officers

1. Congress

1. Appear as counsel before any court, electoral tribunal, or quasi-judicial and other administrative
bodies;
2. Shall not be interested in any contract with, or in any franchise, or special privilege granted by the
Government, or any subdivision, agency or instrumentality thereof, including GOCCs, or its
subsidiary;
3. Shall not intervene in any matter before any office of the Government for his pecuniary benefit or
where he may be

2. President, Vice President, Members of the Cabinet, and their deputies or assistants

1. Directly or indirectly practice any other profession;
2. Participate in any business, or be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government, or any subdivision, agency or instrumentality thereof,
including GOCCs,

3. Members of the Constitutional Commission

1. Hold any other office or employment or engage in the practice of any profession or in the active
management or control of any business that may be affected by the functions of his office;
2. Be financially interested, directly or indirectly, in any contract with, or in any franchise, or special
privilege granted by the Government, or any subdivision, agencies or instrumentalities including
GOCCs, or their subsidiaries. These shall also apply to the Ombudsman and his deputies during his
term.

4. Elective Official (Sec 7 Pr 1 Art IX-B)

No elective official shall be eleigible for appointment in any capacity for an position in the
government during his tenure

** Prohibition is absolute EXCEPT if the constitution allows the elective official to hold no other public
office in an EX-OFFICIO capacity

5. Appointive official (Sec 7 Par 2 Art IX-B)

Unless otherwise allowed by law or by the primary functions of his position, no appointive official
shall hold any other office or employment in the Government or any subdivision, agency or
instrumentality thereof, including GOCCs or their subsidiaries. (Art. IX B, Sec. 7)

UNLESS allowed by
1. law or
2. by the primary functions of his

Armed forces

No member of the armed forces in the active service shall, at any time, be appointed or designated in
any capacity to a civilian position in the government including GOCCs or any of their subsidiaries.
(Art XVI Sec. 5 par. 4)

5. Prohibition against Nepotism against President

Nepostism (Sec. 13, Art. VII, Constitution)



Who

1. Spouses and
2. relatives by consanguinity or affinity within the 4th civil degree of the President

Prohibition from appointment (COSUCHG)

1. members of the Constitutional Commissions,
2. Office of the Ombudsman, or as \
3. Secretaries,
4. Undersecretaries,
5. chairmen or
6. heads of bureaus or offices, including
7. heads GOCCs and their subsidiaries

Duration: during his tenure.

6.Prohibition against Nepotism against Public Officers on Civil Service

A Public Officer is guilty of nepotism if he

1. Appointment is issued
2. Apoointee who is Within 3rd civil degree of affinity and consanguinity of
a. appointing authority
b. recommending authority
c. Chief of the bureau
d. Person exercising immediate supervision over hte appointee

** last 2, immaterial who appointing authority is

Exemptions :
1. Persons employed in a confidential capacity
2. Teachers
3. Physicians
4. Members of Armed Forces
5. Contracts marriage within same office

6.Prohibition against Nepotism against Public Officers on LOCAL GOVERNMENT

A Public Officer is guilty of nepotism if he

1. Appointment is issued
2. Apoointee who is Within FOURTH civil degree of affinity and consanguinity of
a. appointing authority
b. recommending authority
c. Chief of the bureau
d. Person exercising immediate supervision over hte appointee

Law on Nepotism Applies to all kinds of appointment, whether original, promotional or contract. It applies to
all kinds of appointments
Appointment and designation the same for purposes of applying law on nepotism


Disqualifications attached to the civil service employees or officials



1. Losing candidate in any election
a. cannot be appointed to any office in the government or GOCCs or their subsidiaries
b. period of disqualification: 1 year after such electionXPN: Losing candidates in barangay elections
2. Elective officials:
GR: not eligible for appointment or designation in any capacity to any public office or position
during their tenure.
XPN: May hold ex officio positions. E.g. The Vice President may be appointed as a Cabinet
member
3. Appointive officials:
GR: cannot hold any other office or agency, instrumentality, including GOCCs and their
subsidiaries
XPN: unless otherwise allowed by law, or by the primary functions of his position.

Local Government Code Sanggunian Prohibition

Sanggunian engage in the practice of law

EXCEPT

1. Cannot appear as counsel in any civil case where in a local government unit or any office, agency or
instrumentality of the Govt. is the adverse party;

2. Cannot appear as counsel in any criminal case wherein an officer or employee of the national or local Govt.
is accused of an offense committed in relation to his office;

3. Shall not collect any fee for their appearance in administrative proceeding involving the LGU of which he
is an official; and

4. May not use property and personnel of the Govt., except when defending the interest of the Govt.


Powers and Duties of Public Officers

MINISTERIAL DISCRETIONARY
Discharge is imperative and it must
be done by the public officer
Public officer may do
whichever way he wants
provided it is in accordance
with law and not whimsical
Can be compelled by mandamus Cannot be compelled by
mandamus except when there
is grave abuse of discretion
Can be delegated Cannot be delegated unless
otherwise provided by law

Sources of Power of Public Officers

1. Expressly conferred upon him by the Act appointing him;
2. Expressly annexed to the office by law;
3. Attached to the office by common law as incidents to it.

Doctrine of Necessary Implication

All powers necessary for the effective exercise of the express powers are deemed impliedly granted.
(Pimentel v. COMELEC, G.R. No. L-53581, Dec. 19, 1980)



General Duties of Public Officers

1. Be accountable to the people;
2. Serve the people with utmost responsibility, integrity, and efficiency;
3. Act with patriotism and justice and to lead modest lives;
4. Submit a declaration under oath of his assets, liabilities, and net worth upon assumption of office
and as often thereafter as may be required by law;
5. Owe the State and the Constitution allegiance at all times.

Rights of Public Officers

1. Security of tenure

No officer or employee in the civil service shall be suspended or dismissed except for a cause provided by
law and after due process or after he shall have been given the opportunity to defend himself.

Security of Tenure - means that no officer or employee in the civil service shall be suspended or dismissed
except for a cause provided by law and after due process or after he shall have been given the opportunity to
defend himself.

2. Non-Garnishment of Wages

Salaries of public officers shall not, by garnishment, attachment, or order of execution, be seized before being
paid to him, and appropriated for the payment of his debts

1. While it is still in the hands of the disbursing officer, it belongs to the government;
2. Public policy forbids such practice since it would be fatal to the public service; and
3. It would be tantamount to a suit against the State in its own court, which is prohibited except with
its consent.

3. Non-diminution of salary

4. Right to Self-Organization The right to self-organization shall not be denied to government employees.
(Sec. 2(2), Art. IX-B, 1987 Const.)

Termination of employment of technial, confidential and policy-determining employee not violative of
security of tenure

Reason: Temporary employees with co-terminous or subject to the pleasure of the appointing authority does
not have any fixed duration. It is only when the appointment is terminated, it is only then that the term is
fixed, or the term expires

Transfer is a preliminary step toward his removal

When the transfer is a preliminary step toward his removal, or a scheme to lure him away from his permanent
position, or when it is designed to indirectly terminate his service, or force his resignation. Such a transfer
would in effect circumvent the provision that safeguards the tenure of office of those who are in the Civil
Service. (CSC v. PACHEO, G.R. No. 178021, Jan. 25, 2012)

Liabilities of Public Officers

Three-fold responsibility/liability of public officers.

1. Criminal liability
2. Civil liability


3. Administrative liability

Criminal - RPC, 3019 and other special laws

Civil

GR: A Public officer is not liable for injuries sustained by another due to official acts done within the scope of
authority

XPNs:
1. Otherwise provided by law;
2. Statutory liability under the Civil Code (Articles 27, 32, & 34);
3. Presence of bad faith, malice, or negligence;
4. Liability on contracts entered into in excess or without authority;
5. Liability on tort if the public officer acted beyond the limits of authority and there is bad faith
(United States of America v. Reyes, G.R. No. 79253, Mar. 1, 1993).


Suspension

Kinds of Suspension
1. Preventive Suspension
2. Suspension as Penalty


Preventive suspension

Nature : Preventive suspension is not a penalty by itself; it is merely a measure of precaution so that the
employee who is charged may be separated from the scene of his alleged misfeasance while the same is being
investigated, to prevent him from using his position or office to influence prospective witnesses or tamper
with the records which may be vital in the prosecution of the case against him. (Beja v. CA, G.R. No. 91749,
Mar. 31, 1992)

Period for preventive suspension

1. For administrative cases:

Civil Service Law Local Government Code
(R.A. 7160)
Ombudsman Act
cannot exceed 90 days


*Period of Certiorari will not
be counted in determining
period
a. Appointive officials cannot
exceed 60 days for,
Ex:, if several cases, total of 90
days

b. 90 days for elective officials

** NO case will be imposed 90
days before election
cannot exceed 6 months
Reinstated Upon Expiration
Imposed by CSC Local Chief Executive-
Appointive officials

Elective Official

President President, highly
urbanized cities, and
Ombudsman in the exercise of
its ADMINISTRATIVE
JURISDICTION





independent cities

Governor Component cities
and municipalities

Mayor Baranggay



a. Civil Service Law cannot exceed 90 days
b. Local Government Code (R.A. 7160)
i. Sec.85: 60 days for appointive officials (suspension to be imposed by the local
chief executive)
ii. Sec. 63: 60 or 90 days for elective officials
c. Ombudsman Act 6 months

2. For criminal cases: Anti-Graft and Corrupt Practices Act (R.A. 3019) 90 days by
analogy.(Gonzaga vs. Sandiganbayan G.R. No. 96131 September 6, 1991)

Imposed by Competent Court

a. Sandiganbayan SG 27 or higher

b. RTC / MTC SG 27 or Lower

Period of Preventive suspension cannot be credited to later suspension

Reason: Preventive suspension is not a penalty by itself; it is merely a measure of precaution so that the
employee who is charged may be separated from the scene of his alleged misfeasance.

EXCEPT: If the preventive suspension is indefinite wherein his term is about to expire and suspension is not
lifted such will be considered unconstitutional for being violated of due process of law.
Reason: Deprives the constituency of their representation and Officers right to due process

Preventive suspension under 3019 extends to other subsequent office may be holding

Reason: Sec 13 does not qualify that the public officer will be suspended under the particular office which the
offense was charged

Suspension applies even if public officer became member of congress, does not excroach on the prerogative
of congress to punish own members

Reason:
1. Preventive Suspension order issued by court/ SB is only PREVENTIVE and not a penalty. The
power of members of congress to punish members connotes penalty.
2. Sec 13 says ANY PUBLIC OFFICER

Back Salaries for Public officers under preventive suspension not available

Reason: Priviso in the old civil service law allowing for the payment of back salaries was not re-enacted
under the New Civil Service Law

Suspension Pending Investigation v Pending Appeal



PENDING INVESTIGATION PENDING APPEAL
Not a penalty but only a means of enabling
the disciplinary authority an unhampered
investigation
Punitive in character
After the lapse of 90 days, the law provides
that he be automatically reinstated
If exonerated, he should be
reinstated with full pay for the
period of suspension
During such preventive suspension, the
employee is not entitled to payment of
salaries
If during the appeal he remains
suspended and the penalty
imposed is only reprimand, the
suspension pending appeal
becomes illegal and he is entitled to
back salary corresponding to the
period of suspension


Appeals on Disciplinary Cases on Public Officers

Jurisdiction

Administrative Disciplinary Actions

Original Jurisdiciton

a. Government Employees - Govt Agency Secretary or Head of Agency office

b. Local Government Employees Local Chief Executive

c. **CSC both original and appellate jurisdiction

d. Ombudsman (concurrent urisdiciton) Administrative disciplinariy authority over all
employees, appointive or elective EXCEPT Impeachable officers, members

Appellate Jurisdiction

1. From Government Agency Secretary or Head of Agency or Office or Local Chief executive,
appeal can be filed to Civil Service Commission

Duration:

Right to appeal in Civil Service Law

a. Appeal is available if the penalty is:
a. Demotion
b. Dismissal, or
c. Suspension for more than 30 days or fine equivalent to more than 30 day salary


(P.D. 807, Sec.37 par [a]).

Appeal is not available when penalty is
a. Respondent is exonerated
b. Suspension for not more than 30 days
c. Fine not more than 30 day salary
d. Censure
e. Reprimand
f. Admonition

When the LOCAL admin official or Agency Head exonerates the respondent public officer, the
private offended party has no remedy of appeal. (Paredes v CSC)

Reason: Appeal is a statutory right that is granted by law. The CSCL sec 85 only provides the
remedy of appeal only to the party adversely affected. The party adversely affected is the respondent
public officer.

**However, when the Administrative agency or CSC imposes a disciplinary penalty on the public
officer but was subsequently reversed by the Court of Appeals, The CSC, as a private offended party
may appeal.

Reason: Abandonment of Paredes Ruling to the extent of allowing only the public officer who was
found guilty can only appeal. CSC v Dacuycoy

*** Private Complainant STILL CANNOT APPEAL. The real offended party is the government
complainant has no personality to appeal.

Party Adversely Affected entitled to appeal Public officer or CSC

2. From Ombudsman, Appeal to SC (Under Old law 770). Under New Law, Sec 27 was declared
unconstitutional. Appeals to ombudsman in Admin cases must be filed with Court of Appeals.

** Appeal is not a constitutional right

Immunity of Public Officials

Immunity of public officials is a more limited principle than governmental immunity, since its purpose is not
directly to protect the sovereign, but rather to do so only collaterally, by protecting the public official in the
performance of his government function, while, the doctrine of State immunity principally rested upon the
tenuous ground that the king could do no wrong. It served to protect the impersonal body politic or
government itself from tort liability. (The Law on Public Officers by Hector S. De Leon, 2008 ed, pp.
259-260)

De facto officers

One who assumed office under the color of a known appointment or election but which appointment or
election is void for reasons that the
1. officer was not eligible, or that there was want of power in the electing body, or
2. that there was some other defect or
3. irregularity in its exercise, wherein such ineligibility, want of power, or defect being unknown to
the public.

Effects of the acts of de facto officers

1. The lawful acts, so far as the rights of third persons are concerned are, if done within the scope
and by the apparent authority of the office, are considered valid and binding


2. The de facto officer cannot benefit from his own status because public policy demands that
unlawful assumption of public office be discouraged

Challenge to a de facto officer

1. The incumbency may not be challenged collaterally or in an action to which the de facto officer is
not a party
2. The challenge must be made in a direct proceeding where title to the office will be the principal
issue
3. The authorized proceeding is quo warranto either by the Solicitor General in the name of the
Republic or by any person claiming title to the office


Termination of Official Relation

1. Expiration of term or tenure
2. Reaching the age limit for retirement
3. Resignation
4. Recall
5. Removal
6. Abandonment
7. Acceptance of an incompatible office
8. Abolition of office
9. Prescription of the right to office
10. Impeachment
11. Death
12. Failure to assume office
13. Conviction of a crime
14. Filing for a certificate of candidacy

Age limit for retirement

1. For members of the judiciary 70 y.o.
2. Gov't officers and employees 65 y.o.
3. Optional retirement must have rendered at least 20 service years

Resignation

The act of giving up or declining a public office and renouncing the further right to use such office. It must be
in writing and accepted by the accepting authority as provided for by law.

Recall

It is an electoral mode of removal employed directly by the people themselves through the exercise of their
right of suffrage. It is a political question not subject to judicial review.

Limitations on Recall

1. An elective official can be subjected to recall only once
2. No recall shall take place within one (1) year from the assumption of office or one year immediately
preceding a regular local election. (Section 74 (b) of Republic Act No. 7160)

Doctrine of Condonation

A public official cannot be removed or suspended for misconduct committed on his previous term.



Reason: elective offices are separate and distinct from each other. Where the electorate put him back in office
is presumed to have forgiven his past misconduct

Prescriptive period for petitions for reinstatement or recovery of public office

It must be instituted within 1 year from the date of unlawful removal from the office. Such period may be
extended on grounds of equity.

Impeachment

It is a method by which persons holding government positions of high authority, prestige, and dignity and
with definite tenure may be removed from office for causes closely related to their conduct as public officials

Impeachable officers

1. President
2. Vice-President
3. Members of the Supreme Court
4. Members of the Constitutional Commissions
5. Ombudsman

Grounds

1. Culpable violation of the Constitution
2. Treason
3. Bribery
4. Other high crimes
5. Betrayal of public trust (Sec. 2, Art. XI, 1987 Constitution)

Steps in the impeachment process

1. Initiating impeachment case
a. Verified complaint filed by any member of the House of Representatives or any citizen upon
resolution of endorsement by any member thereof.
b. Included in the order of business within 10 session days.
c. Referred to the proper committee within 3 session days from its inclusion.
d. The committee, after hearing, and by majority vote of all its members, shall submit its report to
the House of Representatives together with the corresponding resolution.
e. Placing on calendar the Committee resolution within 10 days from submission;
f. Discussion on the floor of the report;
resolution with the Articles of Impeachment of the committee or override its contrary resolution.
(Sec. 3 (2-3), Art. XI. 1987 Constitution)

2. Trial and Decision in impeachment proceedings
a. The Senators take an oath or affirmation
b. When the President of the Philippines is on trial, the Chief Justice of the SC shall preside but shall
not vote.
c. A decision of conviction must be concurred in by at least 2/3 of all the members of Senate.

Limitation: Not more than 1 impeachment complaint per year

Reason
1. To prevent undue or too frequent harassment
2. To allow the legislature to do its principal task of legislation. (Francisco v. House of Rep., G.R.
No. 160261, Nov. 10, 2003)




Effect of Impeachment

1. Removal from office
2. Disqualification to hold any other office under the Republic of the Philippines
3. Party convicted shall be liable and subject to prosecution, trial and punishment according to law. (Sec. 3
(7). Art. XI, 1987 Constitution)