Contents

Meaning of Public Office .................................................................................................. 3 Public office as a public trust .......................................................................................... 3 Public Office not public property .................................................................................... 3 Creation, modification, abolition ..................................................................................... 3 Ministerial; discretionary ................................................................................................. 4 Prescription of qualifications .......................................................................................... 4 Impeachment ..................................................................................................................... 4 Previous tenure as disqualification ................................................................................ 5 Prohibition on consecutive terms ................................................................................... 5 Civil Liberties Union v. Executive Secretary .................................................................. 5 Sec. 13, Art. VII Exceptions, as provided in the constitution itself .............................. 6 Nepotism ............................................................................................................................ 6 Political Lame Ducks ........................................................................................................ 7 Disqualifications under the LGC; Omnibus Election Code .......................................... 8 Newly created office; emoluments increased by Congress ......................................... 9 Completeness of appointment ........................................................................................ 9 Confirmation or attestation by CSC ................................................................................ 9 Approval by CSC of appointments in the Civil Service .............................................. 10 Grounds for recall of appointment by CSC .................................................................. 10 Midnight appointments .................................................................................................. 10 Appointments during 45-day period before an election [30 days special election] 11 Appointments requiring JBC Nomination .................................................................... 11 No reappointment, appoitnment in temporary, acting capacity ................................ 12 Compulsory acceptance of public office ...................................................................... 12 Appointments made by the President .......................................................................... 12 Appointments requiring CA confirmation [first group]............................................... 12 Appointments by other officials .................................................................................... 13 Ad intermin appointments ............................................................................................. 13 Designation ...................................................................................................................... 13 Scope of Civil Service .................................................................................................... 14 Appointments in the Civil Service ................................................................................. 14 Confidential employees .................................................................................................. 14 Levels of positions in the Career Service .................................................................... 14 Career, non-career v. Sec.2.2, Art. IXB ......................................................................... 15 Security of Tenure in the Career Executive Service .................................................... 15 De Facto Officer .............................................................................................................. 15 Legal effects of the acts of a de facto officer ............................................................... 16 Scope of duties of public officers ................................................................................. 16 Nature of Temporary Appointments ............................................................................. 16 Financial Disclosure ....................................................................................................... 17 Salary Standardization ................................................................................................... 17 Salary of Ex Officio officer ............................................................................................. 18 Salary of a de facto officer ............................................................................................. 18 Increase/decrease in salary ........................................................................................... 18 Additional, double, indirect compensation .................................................................. 19 Parliamentary immunity ................................................................................................. 19 Detail ................................................................................................................................ 19 Next-in-rank rule.............................................................................................................. 20 Automatic reversion ....................................................................................................... 20 Prohibition against grant of loan ................................................................................... 21 Corrupt practices ............................................................................................................ 21 Solicitation/acceptance of gifts ..................................................................................... 23 Divestment ....................................................................................................................... 23 Conflict of Interest .......................................................................................................... 23

Civil Liability of Public Officers ..................................................................................... 23 Criminal Liability of Heads of Offices ........................................................................... 24 Appeals in Civil Service Admin Cases.......................................................................... 24 Negligence of Subordinates .......................................................................................... 24 Forgiveness and Condonation ...................................................................................... 24 Effect of Pardon .............................................................................................................. 24 Hold-over ......................................................................................................................... 25 Tender of resignation ..................................................................................................... 25 Tender of resignation of local elective officials ........................................................... 25 Leave of absence of local elective officials ................................................................. 26 Grounds for Disciplinary Action [Civil Service not exhaustive; for comparison only] .......................................................................................................................................... 26 Where to file admin complaints against local elective officials ................................. 27 Preventive Suspension .................................................................................................. 28 Summary of Qualifications ............................................................................................ 29 Multiple Offices ............................................................................................................... 36 Practice of Profession .................................................................................................... 37 Financial Interest............................................................................................................. 40

Meaning of Public Office A pubic office is the right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of government, to be exercised by him for the benefit of the public Public office as a public trust Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives. [SEC. 1, ART. IX, CONSTI] Every public servant must uphold public interest over his or her personal interest. [SEC. 2, RA 6713] Public Office not public property 1. The constitutional principle of a public office as a public trust precludes any proprietary claim to public office. 2. Holder is subject to removal or suspension according to law. Also, the holder acquires no vested right in the office. 3. But the holder has a right in the nature of privilege entitled to protection. Creation, modification, abolition 1. It is essentially legislative, subject only to the provisions of the Constitution. 2. Under the Administrative Code, the President, subject to the policy of the Executive Office and in order to achieve simplicity, economy and efficiency, shall have the continuing authority to reorganize the administrative structure of the Office of the President.

Ministerial; discretionary
MINISTERIAL DISCRETIONARY

performed by a person in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to or the exercise of judgment as to the propriety of the act being done.

may be performed or a question may be decided in one of two or more ways, either of which would still be lawful or right and where it is left to the will or judgment of the performer to determine in which way it will be performed.

Prescription of qualifications 1. In the absence of constitutional inhibition, Congress has the plenary right to prescribe qualifications. 2. The qualifications must not be too detailed as to practically amount to makin an appointment, which is an executive function and not legislative 3. As a rule, Constitutional criteria are exclusive. There are certain offices, however, where the Constitution allows Congress to add/subtract qualifications. a. Terms of office and other qualifications and disqualifications of the members of the CHR shall be provided by law [SEC. 17(2), ART. XIII, CONSTI] b. Members of the Central Bank shall also be subject to such other qualifications and disabilities as may be prescribed by law. [SEC. 20, ART. XII, CONSTI] 4. Property qualifications are inconsistent with the essence and nature of the republican system ordained in our Constitution and the principles of social justice underlying the same. 5. No religious test shall be required for the exercise of civil or political rights. [SEC. 5, ART. III, CONSTI] Impeachment The following are the only impeachable officers: 1. President 2. Vice-President 3. Members of the Constitutional Commissions 4. the Ombudsman Grounds for impeachment: 4

1. 2. 3. 4.

culpable violation of the Constitution treason, bribery and corruption other high crimes betrayal of public trust

Previous tenure as disqualification 1. The President is not elgible for any re-election 2. A person who has succeeded as President is disqualified only if he has served as such for more than 4 years 3. Chairmen and the CSC, COMELEC, COA, and the Ombudsman and his Deputies arre appointed by the President without reappointment. 4. The Ombudsman and his Deputies shall not be qualified to run for any office in the election immediately succeeding their cesstion from office. Prohibition on consecutive terms 1. 2. 3. 4. VP shall not serve for more than 2 successive terms A Senator shall not serve for more than 2 successive terms A member of the HOR shall not serve for more than 3 consecutive terms Local elective officials, except barangay officials, shall serve for more than 3 consecutive terms

Civil Liberties Union v. Executive Secretary SEC. 7, ART. IX-B, CONSTI generally prohibits appointive public officials from holding multiple offices or employment in the government unless they are otherwise allowed by law or the primary functions of their position. This provision does not cover the President, Vice-President, and Members of the Cabinet, their deputies and assistants. They are subject to a stricter prohibition under SEC. 13, ART. VII, CONSTI. To apply the exceptions in SEC. 7, ART. IX-B, CONSTI to SEC 13, ART. VII, CONSTI would obliterate the distinction set by the framers of the Constitution. However, public officials holding positions without additional compensation in ex-officio capacities as provided by law and as required by their offices primary functions are not covered by the prohibition under SEC 13, ART. VII, CONSTI.

Sec. 13, Art. VII Exceptions, as provided in the constitution itself 1. Vice-President may be appointed as member of the Cabinet without need of the confirmation by the CA [SEC. 3, ART. VIII, CONSTI] 2. NEDA shall be headed by the President [SEC. 9, ART. XII, CONSTI] 3. Sec. of Justice a member of the JBC Nepotism Appointment in favor of a relative of: 1. the appointing or recommending authority 2. chief of the bureau or office 3. persons exercising immediate supervision over him Relatives are those related within the the third degree of consanguinity or of affinity. The following are exempted: 1. persons employed in a confidential capacity 2. teachers 3. physicians 4. members of the Armed Forces In each particular instance, full report of such appointment shall be made to the Comission. Also exempted is the case of a member of any family who, after his appointment to any position in an office or bureau contracts marriage with someone in the same bureau. However, a spouse who happens to be an appointing authority cannot extend a promotional appointment to the other spouse. The spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not, during his tenure, be appointed as: 1. members of the Constitutional Commissions 2. members of the Office of the Ombudsman 3. Secretaries, Undersecretaries, chairmen or heads of bureaus of offices, including GOCCs and their subsdiaries. 6

Political Lame Ducks No candidate who has lost in any election shall, within 1 year after such election, be appointed to any office in the Government or any GOCC or in any of their subsidiaries. [SEC. 6, ART. IX-B, CONSTI] Except for losing candidates in the barangay elections, no candidate who lost in any election shall, within 1 year after such election, be appointed to any office in the Government or any GOCC or in any of their subsidiaries. [SEC. 94, LGC]

Disqualifications under the LGC; Omnibus Election Code1

LGC sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by 1 year or more of imprisonment, within 2 years after service of sentence insane or feeble-minded convicted by final judgment for violating the oath of allegiance to the Republic removed from office as a result of an administrative case dual citizenship fugitive from justice in criminal or nonpolitical cases here or abroad permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail of the same right after the effectivity of the LGC OMNIBUS ELECTION CODE sentenced by final judgment for insurrection, rebellion or any offense for which he has been sentenced to a penalty of more than 18 months or for a crime involving moral turpitude.2 declared by competent authority as insane or incomepetent3

The pre-trial in a civil case is preceded by a motion ex parte filed by the plaintiff to set the case for pre-trial. Such motion is not required from the prosecution in a criminal case deemed removed after the expirattion of a period of 5 years from service of sentence, unless within the same period he becomes disqualified again. Also when he has been given plenary pardon or granted amnesty. shall be deemed removed upon the declaration by competent authority that said insanity or incompetence had been removed.
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Whenever the evidence of guilt is strong, the following are disqualified to run in a special election called to fill the vacancy in an elective office: 1. elective official who resigned from his office by accepting an appointive office or for whatever reason which he previously occupied but has caused to become vacant due to his resignation 2. person who, directly or indirectly, coerces, bribes, xxx, intimidates to any person asipiring to become a candidate or that of the immediate member of his family, his honor or property that is meant to eliminate a potential candidate.

Newly created office; emoluments increased by Congress The Constitution prohibits the appointment of a Senator or a Member of the House of Representative to any office which may have been created or the emoluments thereof increased during the term for which he was elected; [SEC. 13, ART. VI] Completeness of appointment Where the power of appointment is absolute, and the appointee has been determined upon, no further consent or approval is necessary. Where the assent or confirmation of some other body is required, the appointment may be complete only when such assent or confirmation is obtained. In either case, the appointment becomes complete when the last act required by the appointing power is performed. Confirmation or attestation by CSC Appointments to the Civil Service must be submitted to the Civil Service Commission for approval. But the confirmation or attestation of the appointment by the Civl Service Commission does not complete the appointment since such attestation, although an essential part of the appointment proceesm serves merely to assure the eligibility of the appointee.

Approval by CSC of appointments in the Civil Service An appointment issued in accordance with pertinent laws and rules shall take effect immediately upon its issuance by the appointing authority, and if the appointee has assumed the duties of the position, he shall be entitiled to receive his salary at once without awaiting the approval his appointment by the Commission. The appointment shall remain effective until disapproved by the Commission. Grounds for recall of appointment by CSC 1. Non-compliance with the procedures/criteria provided in the agencys Merit Promotion Plan 2. Failure to pass thru the agencys Selection/Promotion Board 3. Violation of existing collective agreement between management and employees relative to promotion 4. Violation of other existing civil service laws, rules and regulations. Midnight appointments Two months immediately before the next presidential elections up to the end of his term, a President of Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety. [SEC. 15, ART. VII] Prohibition applies only to the President or Acting President, not to other appointing officers. [De Rama v.Court of Appeals] Prohibition does not apply to appointments in the Judiciary. [De Castro v. JBC]

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Appointments during 45-day period before an election [30 days special election] It shall be an election offense if committed by: 1. any head, official or appointing officer who appoints or hires any employee, whether provisional, temporary or casual or creates any new position, except upon prior authority of th COMELEC. Such appointment shall be null and void. 2. any government official who promotes, or gives any increase of salary or remuneration or privilege to any government official or employee. Commission shall not grant authority unless: 1. it is essential to the proper functioning of the office or agency concerned; and 2. that the position shall not be filled in any manner that may influence the election. Appointments requiring JBC Nomination 1. The members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least 3 nominees prepared by the JBC for every vacancy. For the lower courts, the President shall issue the appointments within 90 days from the submission of the list. 2. The Ombudsman and his Deputies shall be appointed by the President from a list of at least 6 nominees prepared by the JBC, and from a list of 3 nominees for every vacancy thereafter. All vacancies shall be filled within 3 months after they occur. Such appointments shall require no CA confirmation.

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No reappointment, appoitnment in temporary, acting capacity 1. CSC 2. COMELEC 3. COA Compulsory acceptance of public office 1. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military or civil service. [SEC. 4, ART. II, CONSTI] 2. It is a felony for a person who, having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or discharge the duties of said office. [ART. 334, RPC] Appointments made by the President 1. Heads of Executive Departments, Ambassadors, other ministers and consuls, officers of the Armed Forces from colonel or naval captain, and other officers whose appointments are vested in him in the Constitution. 2. All other officers of the government whose appointments are not otherwise provided by law 3. Those whomt the President may be authorized by law to appoint 4. Officers lower in rank whose appointments may by law vest in the President alone Appointments requiring CA confirmation [first group] 1. 2. 3. 4. Heads of Executive Departments Ambassadors, other ministers and consuls, Officers of the Armed Forces from colonel or naval captain, Other officers whose appointments are vested in him in the Constitution.

The members of the Supreme Court and judges of lower courts, the Ombudsman and his Deputies and rge Vice-President, when appointed as member of the cabinet require no CA confirmation.

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Appointments by other officials Congress may, by law, vest in courts, heads of departments, agencies, commissions or boards, the power to appoint officers lower in rank in their respective offices. [SEC. 16, ART. VII, CONSTI] Ad intermin appointments The President shall have the power to make appoitnments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commisison on Appointments or until the next adjournment of Congress [SEC. 16, ART. VII, CONSTI] An ad interim appointment is permanent and nature and not a mere temporary or acting appointment. It takes effect immediately and cannot be withdrawn by the President once the appointee has qualified into office. [Matibag v. Benipayo] The CAs failure to confirm an ad interim appointment is not a dispproval of the same. An ad interim appointee disapproved by the CA cannot be reappointed, but a by-passed appointee, or one whose appointment has not been acted upon by the CA, may be appointed again the President. Designation Designation is the mere imposition of new or additional duties upon an officer to be performed by him in a special manner. It presupposes that the officer is already in the service by virtue of an earlier appointment, performing other functions. Designation is consdered only an acting or temporary appointment which does not confer security of tenure on the person named. It also does not entail payment of additional benefits or grant upon the person so designated the right to claim the salary attached to the position.

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Scope of Civil Service The Civil Service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including GOCCs with original charters. [SEC. 2(1), ART. XIV-B, CONSTI] Appointments in the Civil Service Appointments inthe Civil Service shall be made only according to merit and fitness to be determined, as far as practicable, and except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination. [SEC. 2(2), ART. IX-B, CONSTI] Confidential employees Denotes not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of intercourse without embarrassment or freedom from misgivings or betrayals in confidential matters of the state. It is the nature of the position which determines whether a position is confidential. Those that continue to hold primarily confidential positions continue for so long as confidence in them endures. Their termination can be justified on the ground of loss of confidence because in that case, their cessation from office involves no removal but the expiration of their term of office. Levels of positions in the Career Service 1. First level includes clerical, trades, crafts, and custodial service positions which involve non-professional or suprofessional work in a nonsupervisory or supervisory capacity requiring less than 4 years of college work 2. Second level includes professional, technical, and scientific positions which involve professional, technical, or scientific work in a nonsupervisory or supervisory capacity requiring at least 4 years of college work up to Division level. 3. Third level covers positions in the Career Executive Service.

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Career, non-career v. Sec.2.2, Art. IXB

CAREER/NON-CAREER PRIMARILY CONFIDENTIAL; POLICY DETERMINING; HIGHLY TECHNICAL

classification is for the purpose of tenure entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications Opportunity for advancement

Classification is for purposes of determining the manner of testing merit and fitness [competitive examinations or not]

Security of Tenure in the Career Executive Service Security of tenure in the Career Executive Service is acquired with respect to rank, and not to the office or position. The guaranty of security of tenure to members of the career executive service does not extend to the particular positions to which they may be appointed but to the rank to which they are appointed by the President. Thus, a career exective officer may be transferred or reassigned from one position to another without losing his rank which follows him wherever he is transferred or reassigned. In fact, a CESO suffers no diminution of salary even if assigned to a CES position with lower salary grade as compensation is according to CES rank and not on the basis of the position or office occupied. [Ignacio v. Civil Service Commission] De Facto Officer A person is a de facto officer where the duties of his office are exercised: 1. without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce the people, without inquiry, to submit to or invoke his acction supposing him to be the officer he assumed to be;

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2. under color of a known and valid appointment or election but where the officer has failed to conform to some precedent requirement or condition, such as to take an oath, give a bond, or the like; 3. under color of a known election or appointment, void because the officer was not eligible, or because there was want of power in the electing or appointing body, or by reason of some defect or irregularity in its exercise, such inieligibility, want of power or defect being unknown to the public; or 4. under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to such. Legal effects of the acts of a de facto officer The acts of a de facto officer as far as he himself is concerned are void. Hence, a de facto officer cannot justify his acts as binding or valid in any suit to which he is a party. The acts of a de facto officer, however, are valid as to third persons and the public until his titles to office is adjudged insufficient. Scope of duties of public officers The duties of a public office includes all those which are truly within its scopethose which are essential to the accomplishment of the main purpose for which the office was created, or which, although incidental or collateral, are germane to and serve to promote the accomplishment of the principal purpose. [Lo Cham v. Ocampo] Nature of Temporary Appointments It is essentially temporary and revocable in character and the holder of such appointment may be removed any time even without hearing or cause. An acting appointe cannot claim security of tenure. Where the temporary appointment, however, is for a definite period, the appointing officer does not have blanket authority to remove the appointee ar any time without cause. [Ambas v. Buenaseda]

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Note should also be given that under the Constitution, temporary employees in te Government shall be given such protection as may be provided by law. [SEC. 2(6), ART. IX-B] Financial Disclosure All Members of the Senate and the House of Representatives shall, upon assumption of office, make a full disclosure of their financial and business interest. They shall notify the House concerned of a potential conflict of interest that may arise from the filing of a proposed legislation of which they are the authors. [SEC. 12, ART. VI, CONSTI] A public officer or employee shall, upon assumption of office and as may be required by law, submit a declaration under oath of his assets, liabilities and net worth. In the case of the President, Vice-President, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law. [SEC. 17, ART.XI] Under RA 6713, public officials and employees, except who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their: 1. Statements of Assets, Liabilities and Net Worth; and 2. Disclosure of their spouses and unmarried children under 18 living in their households. Salary Standardization The Congress shall provide for the standardization of compensation of government officials, including those in GOCCs with original charters, taking into account the nature of the responsibilities pertaining to, and the qualifications required for their positions. [SEC. 5, ART. IX-B, CONSTI] Under SEC. 2, RA 6758, differences in pay in the Civil Service shall be based upon substantive differences in duties and responsibilities, and qualification requirements of the positions. It is the officials grade that determines his or her salary.

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Salary of Ex Officio officer An ex officio position is in legal contemplation part of the original office. It follows that the official concerned has no right to receive additional compensation for his services in that position. The reason is that these services are already paid for and covered by the compensation attached to the original office. Salary of a de facto officer A de facto officer, not having good title, takes the salaries at his risk and must, therefore, account to the de jure officer for whatever amount of salary he received during the period of his wrongful retention of public office. [Monroy v. Court of Appeals] A candidate, however, who has been proclaimed and had assumed office, but is later ousted as a result of an election protest, is a de facto officer during the term he held the office, but is entitled to the compensation, emoluments and allowances which are provided for the position by the Constitution. [Rodriguez v. Tan] Increase/decrease in salary The Constitution prohibits Congress from decreasing the salary of: 1. the President and Vice-President, 2. the Chief Justice and the Associate Justices of the Supreme Court, 3. Judges of the lower courts, 4. the Chairmen and members of the Constitutional Commissions, and 5. the Ombudsman and his Deputies. Congress may increase the Salaries and Members of the House of Representatives but such increase shall not take effect until after the expiration of the full term of the members of the Senate and the House of Representatives. Also, with respect to the President and the Vice-President, no increase in their compensation shall take effect until the expiration of the term of the incumbern during which said increase was approved.

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Additional, double, indirect compensation No elective or appointive public officer or employee shall receive additional, double or indirect compensation, unless specially authorized by law, nor accept without the consent of Congress, any present, emolument, office or title of any kind from any foreign government. Pensions or gratuities shall not be considered as additional, double or indirect compensation. [SEC. 8, ART. IX-B, CONSTI] Parliamentary immunity A Senator or Member of the House of Representatives shall, in all offenses punishable by not more than 6 years imprisonment, be privileged from arrest while Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in the Congress or any committee thereof. [SEC. 11, ART. VI], CONSTI Detail It is the movement of an employee from one department or agency to another without the issuance of an appointment and shall be allowed only for a limited period in the case of employees occupying professional, technical and scientific positions. The transfer is temporary which does not involve a reduction in rank, status or salary and requires only an official order. Under a set of policies issued by the CSC, detail is allowed only for a maximum period of 1 year, extension of which shall depend on the consent of the detailed employee and within the authority if the mother agency. No detail or reassignment shall be made within 3 months before any election.

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A detailed employee receives salary from the mother agency. Also, the authority to discipline delailed employees is vested in the appointing authority of the mother agency where they belong. Next-in-rank rule This rule provides that the person next in rank shall be given PREFERENCE in promotion when the position immediately above his position is vacated but this does not necessarily follow that he alone and no one else can be appointed. The qualified next in rank refers to an employee appointed on a permanent basis to a position previously determined to be next in rank to the vacancy proposed to be filled and who meets the requisites for appointment thereto as previously determined by the appointing authority and approved by the commission. However, It is a settled rule that the appointing authority is not limited to promotion in filling up vacancies but may choose to fill them by the appointment of persons with civil service eligibility appropriate to the position, Even if a vacancy were to be filled by promotion, the concept of next in rank does not import any mandatory requirement that the person next in rank must be appointed to the vacancy. What the civil service law provides is that if a vacancy is filled by promotion, the person holding the position next in rank shall be considered for promotion. Automatic reversion This rule provides that the disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions. For an employee to be automatically restored to his position there must be: a. series of promotions; b. all appointments are simultaneously submitted to the CSC for approval and c. CSC disapproves the appointment of a person proposed to a higher position.

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Prohibition against grant of loan No loan, guaranty or other form of financial accomodation for business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the: 1. President 2. Vice-President 3. Members of the Cabinet 4. Congress 5. Supreme Court 6. Constitutional Commissions 7. Ombudsman 8. any firm or entity in which they have a controlling interest Corrupt practices 1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. 2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law. 3. Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. 4. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. 5. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and 21

employees of offices or government corporations charged with the grant of licenses or permits or other concessions. 6. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. 7. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. 8. Director or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. 9. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. 10. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. 11. Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. 12. Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date.

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Solicitation/acceptance of gifts Public officials and employees shall not solicit, accept, directly or indirectly, any gift from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office. Prohibition does not cover unsolicited gifts of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee. Divestment Divestment is the transfer if title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to it in favor of a person or persons other than his spouse and relative within the 4th degree of consanguinity or affinity. When a conflict of interest arise, a public official or employee shal resign from his position in any private business or enterprise within 30 days from his assumption of office and/or divest himself of his shareholdings within 60 days from such assumption. The rule does not apply to those who serve in the Government in an honorary capacity nor to laborers and casual temporary workers. Conflict of Interest Conflict of interest arises when a public official or employee is a partner in a partnership, or a member of a boardm an officer, or a substantial stockholder of a private corporation or has a substantial interest in a business, and the interest of such corporation or business therein may be opposed to or affected by the faithful performance of official duty. Civil Liability of Public Officers A public officer shall not be liable by way of moral and exemplary damages for acts done in the performance of official duties, unless there is a clear showing of bad faith, malice or gross negligence.

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Absent any showing of bad faith or malice, every public official is entitled to the presumption of good faith as well as regularity in the performance or discharge of official duties. Criminal Liability of Heads of Offices Simply because a person in a chain of processing officers happens to sign or initial a voucher as it is going the gounds, it does not necessarily follow that he becomes part of a conspiracy in an illegal scheme. The guilt beyond reasonable doubt of each conspirator must be established. Appeals in Civil Service Admin Cases may not appeal if found guilty administratively and the penalty imposed is suspension from office of not more than 30 days or a fine equivalent to not more than 30 days salary CSC v. Dacuycuy reversed the rule that no appeal lies if the respondent is exonerated. CSC may appeal. Negligence of Subordinates The negligence of the subordinate cannot be ascribed to his superior in the absence of the latters own negligence. Forgiveness and Condonation A public official cannot be removed for administrative misconduct committed during a prior term, since his re-electoin to office operates as a condonation of the officers previous misconduct to the extent of cutting of the right to remove him therefor. [Salalima v.Guingona] Effect of Pardon A pardon shall not work the restoration to hold public office or the right to suffrage, unless such rights be expressly restored by the terms of the pardon. A pardon shall in no case exempt the culprit from the payment of civil indemnity imposed upom him by the sentence. [Art. 36, RPC]

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Hold-over Officers elected or appointed for a fixed term shall hold not only for that term but also until their successors are elected and qualified.
NOTE:

Local elective officials cannot hold-over. They are covered and bound by the three-year term limit prescribed by the Constitution; they cannot extend their term through a holdover. [KIDA V. SENATE OF THE PHILIPPINES, G.R. NO. 196271, 18 OCTOBER 2011] The rule of holdover can only apply as an available option where no express or implied legislative intent to the contrary exists; it cannot apply where such contrary intent is evident. [Guekeko v. Santos, 76 Phil. 237 (1946).] Tender of resignation The official with whom a resignation of a public office must be filed may be designated by statute. In the absence of a statuory direction, a public officer should tender his resignation to the officer or body having authority to appoint his successor or to call an election to fill the office. Tender of resignation of local elective officials
OFFICIAL WHERE

Governor, Vice Governor Mayor, Vice Mayor of HUCs and ICCs Mayor, Vice Mayor of Municipality, CC Sanggunian Members Brgy Officials

President Governor Sanggunian concerned City or Municipal Mayor

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Leave of absence of local elective officials

OFFICIAL WHERE

Governor Mayor of HUCs and ICCs Mayor of Municipality, CC Vice Governor Vice Mayor Sanggunian Members

President Governor Local Chief Executive Vice Governor or Vice Mayor

Grounds for Disciplinary Action [Civil Service not exhaustive; for comparison only]
LGC Disloyalty to the Republic of the Phil Culpable violation of the Consti Dishonesty, oppression, misconduct in Dishonesty4, Oppression, office and neglect of duty Neglect of Duty Misconduct, CIVIL SERVICE

Commission of any offense involving Conviction of a crime involving moral moral turpitude or an offense punishable turpitude by at least prision mayor Abuse of authority

Dishonesty, in order to warrant dismissal, need not be committed in the course of the performance of duty by the person charged. The rationale for the rule is that if the government officer or employee is dishonest or guilty of oppression or grave misconduct, even if said defects of character are not connected with his officem they affect his right to continue in office. The private life of an employee cannot be segregated from his public life. Dishonesty inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the the service

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Unauthorized absence for 15 consicutive Frequent unauthorized working days except in the case of tardiness, loafing members of sanggunians Application for, or acquisition of, foreign citizenship or residence status of an immigrant of another country

absences

or

Where to file admin complaints against local elective officials

ELECTIVE OFFICIAL WHERE
5

APPEAL

Province, ICC, CC Municipality Brgy

HUC, Office of the President Sangguniang Panlalawigan Sangguniang Bayan Sangguniang Panlungsod OP Final and Executory

PREVENTIVE SUSPENSION

ELECTIVE OFFICIAL

WHO

Province, HUC, ICC CC or Municipality Brgy

President Governor Mayor

NOTE:

no local chief executive has jurisdiction over such cases An elective official may be removed frm office on the grounds enumerated by order of the proper court.

Concurrent jurisdiction with Ombudsman; but of Criminal, Ombudsman only

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Preventive Suspension
CIVIL SERVICE LOCAL ELECTIVE OFFICIALS BY OMBUDSMAN

proper disciplining authority may be imposed at any time may preventively suspend a after the issues are joined subordinate under his authority when the pending investigation evidence of guilt is strong charge involves dishonesty, and given the gravity of the oppression or grave offense, there is great misconduct or neglect in probability that the the performance of duty; or continuance in office of the there are reasons to respondent could influence believe that the respondent the witnesses or pose a is guilty of the charges threat to the safety and which would warrant his integrity of the records and removal from service other evidence when the administrative case any single preventive is not finally decided within 90 suspension shall not exceed days after the date of beyond 60 days suspension of the respondent who is not a political appointee, the respondent shall automatically be reinstated in the service when the delay is due to the fault, negligence or petition of the respondent, in which case the period of delay shall not be counted in event that several admin charges are filed against the elective offical, he cannot be preventively suspended for more than 90 days on the same ground or grounds existing and known at the time of the first suspension

evidence of guilt is strong and either charge against employee involves dishonesty, oppression or grave misconduct or neglect in the performance of duty charges would warrant removal from service the respondents continued stay in office may prejudice the case filed against him preventive suspension shall continue until the case is terminated by the Ombudsman but not more than 6 months, without pay except when the delay is due to the fault, negligence or petition of the respondent, in which case the period of delay shall not be counted

the ombudsman the 6 month suspension to officials, whether appointive, who investigation

can impose preventive all public elective or are under

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Summary of Qualifications
OFFICER President and Vice President AGE at least 40 on the day of the election CITIZENSHIP natural-born citizen RESIDENCE resident of the Philippines for at least 10 years immediately preceding such election resident of the Philippines for at least 2 years immediately preceding the day of the election resident of the district in which he shall be elected for at least 1 year immediately preceding the day of the election resident of the Philipines for at least 1 year immediately preceding the day of the election SUFFRAGE registered voter LITERACY able to read and write

Senators

at least 35 years of age on the day of the election

natural-born citizen

registered voter

able to read and write

Members of the House of Representatives [not Party List] Party-list Representatives [provided by law]6

at least 25 years of age on the day of the election

natural-born citizen

registered voter in the district in which he shall be elected registered voter

able to read and write

at least 25 years of age on the day of the election. In the case of anominee of the youth sector, he must be at least 25 but not more

natural-born citizen

able to read and write

Others: a bona fide member of the party or organization which he seeks to represent at least 90 days preceding the day of the election nominated by his party or organization

29

OFFICER

AGE than 30 on the day of the election.7

CITIZENSHIP

RESIDENCE

SUFFRAGE

LITERACY

Any youth sectoral representative who attains the age of 30 during his term shall be allowed to continue until the expiration of his term

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OFFICER Supreme Court Court of Appeals

AGE at least 40

CITIZENSHIP natural-born citizen

EDUCATION

OTHERS must have been for 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines must be of proven competence, integrity, probity and independence

COMELEC

at least 35 at the time of their appointment

natural-born citizen

holders of a college degree

must not have been candidates for any elective position in the immediately preceding elections a majority thereof, including the Chairman, must be members of the Philippine Bar who have veen engaged in the practice of law for at least 10 years

COA

at least 35 at the time of their appointment

natural-born citizens

certified public accountants withe not less than 10 years auditing experience; or members of the Philippine Bar who have been engaged in the practice of law for at least 10 years must not have been

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OFFICER

AGE

CITIZENSHIP

EDUCATION

OTHERS candidates for any elective office in the elections immediately preceding their appointment at no time shall all members belong to the same profession

CSC

at least 35 at the time of their appointment

natural-born citizens

with proven capacity public administration

for

must not have been candidates for any elective office in the elections immediately preceding their appointment CHR at least 35 at the time of their appointment natural-born citizens majority of whom must be members of the bar term of office and other qualifications and diabilities shall be provided by law Ombudsman and deputies at least 40 at the time of their appointment natural-born citizens of recognized probity and independence members of the Philippine Bar not have been candidates

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OFFICER

AGE

CITIZENSHIP

EDUCATION

OTHERS for any elective office in the immediately preceding elections must have been for 10 years and more a judge or engaged in the practice of law in the Philippines

33

OFFICER Secretaries Departments RTC Judges MTC Judges of

AGE at least 25 at least 35 at least 30

CITIZENSHIP filipino citizen natural-born natural-born

OTHERS

for the last 10 years, has been engaged in the practice of law in the Philippines for at least 5 years, has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as an indispensible requisite

OFFICER Governor, Vice Gov, S. Panlalawigan Mayor, Vice-Mayor, S. Panlungsod of HUC Mayor, Vice-Mayor of ICCs, CC, Municipalities

AGE at least 23 on election day

CITIZENSHIP citizen of the Philippines

RESIDENCE resident of the district/city/province where he intends to be elected for at least 1 year immediately preceding the day of the election resident where he intends to be elected for at least 1 year immediately preceding the day of the election

SUFFRAGE registered voter in the district/city/province where he intends to be elected

LITERACY able to read and write Filipino or any other local language or dialect able to read and write Filipino or any other local language or dialect able to read and write Filipino or

at least 21 on election day

citizen of the Philippines

registered voter where he intends to be elected for at least 1 year immediately preceding the day of the election registered voter in the district/ where he

Sangguniang Panglungsod,

at least 18 on election day

citizen of the Philippines

resident of the district where he intends to be

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OFFICER Sangguniang Bayan

AGE

CITIZENSHIP

RESIDENCE elected for at least 1 year immediately preceding the day of the election

SUFFRAGE intends to be elected for at least 1 year immediately preceding the day of the election registered voter in the district where he intends to be elected for at least 1 year immediately preceding the day of the election

LITERACY any other local language or dialect able to read and write Filipino or any other local language or dialect

Sangguniang Kabataan

at least 15 but not more than 21 on election day

citizen of the Philippines

resident of the district where he intends to be elected for at least 1 year immediately preceding the day of the election

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Multiple Offices
OFFICER President, Vice-President, Members of the Cabinet, their deputies or assitants Senator, Member of HOR PROHIBITION any other office or employment during their tenure any other office or employment in the Government or GOCCs or their subsidiaries, during his term without forfeiting his seat may not be designated to any agency performing quasijudicial or administrative funcitons any other office or employment EXCEPTION unless otherwise Constitution provided in the

SC and other courts established by law Member of Constitutional Commissions, Ombudsman and his Deputies Appointive Officials

any other office or employment in the Government or any subdivision, agency, instrumentality thereof, including GOCCs and their subsidiaries may not be appointed or designated in any capacity to a civilian position in the Government including GOCCs and their subsidiaries shall not be eligible for appointment or designation in any capacity to any public office or position during his tenure.

unless otherwise allowed by law or by the primary functions of his position

Members of the armed forces in the active service

Elective Officials

he may be appointed provided he forfeits his seat

36

Practice of Profession
OFFICER During their tenure, President, VicePresident, Members of the Cabinet, their deputies or assitants Senator, Member of HOR PROHIBITION They shall not practice any other profession. They shall not participate, directly or indirectly, in any business. They may not personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative agencies They shall not engage in the practice of any profession or in the active managament or control of any business which in any way may be affected by the functions of his office They are prohibited from practicing or engaging in any occupation other than the exercise of their functions as local chief executives Sanggunian members may not practice their professions, engage in any occupation or teach in schools during session hours. Sanggunian members who are also members of the Bar are shall not: 1. appear as counsel before any court in any civil case wherein a local government unit ir any office, agency or instrumentality of the government is the adverse party; 2. appear as counsel in any criminal case Doctors of Medicine may practice their profession even during official hours of work only on occasions of emergency provided that the officials concerned do not derive monetary compensation therefrom. EXCEPTION

Member of Constitutional Commissions

Governors, City and Minicipal Mayors

Sanggunian Members

37

OFFICER

PROHIBITION whereinan officer or employee of the national or local governmenment is accused of an offense committed in relation to his office; 3. collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and 4. use property and personnel of the Government except when the Sanggunian member concerned is defending the interest of the Government

EXCEPTION

Public Officials and Employees

Public officials during their incumbency shall not: 1. own, control manage, or accept employment as officer, employee, consultant, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law 2. engage in the private practice of their profession unless authprized by the Constitution or law, provided that such practice will not conflict or tend to conflict with their official functions 3. recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

38

OFFICER

PROHIBITION These prohibitions shall continue to apply for a period of 1 year after resignation, retirement, or separation from public office, except in the case of (2), but the professional cncerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the 1 year prohibition shall likewise apply.

EXCEPTION

39

Financial Interest
OFFICER During their tenure, President, VicePresident, Members of the Cabinet, their deputies or assitants Senator, Member of HOR PROHIBITION They shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or special privilege granted by the government or any of its subdivision, agency, or instrumentality thereof including GOCCs or their subsidiaries He shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or special privilege granted by the government or any of its subdivision, agency, or instrumentality thereof including GOCCs or their subsidiaries He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. He shall not intervene in any cause or matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office or to give his vote as a member of Congress. Member of Constitutional Commissions They shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or special privilege granted by the government or any of its subdivision, agency, or instrumentality thereof including GOCCs or their subsidiaries They shall not, directly or indirectly, have any financial material interest in any transaction requiring the approval of their office

Public Officials and Employees

40

Meaning of Public Office, 3

Public office as a public trust, 3

41