ADMINISTRATIVE LAW COVERAGE LAW ON PUBLIC OFFICERS Concept The Law of Public Officers deals w/ public office, it's

creation, modification & dissolution, as well as the eligibility of public officers, the manner of their election or appointment and assumption of office, their rights, duties, powers, inhibitions & liabilities, and the modes of terminating their official relations. Public Office, defined - it is a right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at pleasure of creating power, and individual is vested with some sovereign functions of government to be exercised by him for the benefit of the public. (Fernandez vs Sto Tomas, 234 SCRA 546) Elements of Public Office: (LSDIP) - created by law or ordinance authorized by law; (ex. Office of the President/ SC are created by the Constituion; MMDA, NEDA are by Spcl mandate) - possess sovereign functions of government to be exercised for public interests; (not an idividual contractor or clerk) - functions defined expressly or impliedly by law; - functions exercised by an officer directly under control of law, not under that of a superior officer unless they are functioned conferred by law upon inferior officers, who by law, are under control of a superior; (duties performed independently involving exercise of discretion) and with permanency or continuity, not temporary or occasional. Characteristics: -Public office is a public trust. ( not for personal benefit but for public benefit) -Public office is not property and is outside the commerce of man. It cannot be subject of a contract. (Cruz, Law on Public Officers, p.5) 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. XI, Accountability of Public Officers) De Facto Officer is one who has reputation of being an officer that he assumes to be, and yet is not an officer in point of law. A person is considered a de facto officer where the duties of the office are exercised under any of the following circumstances: 1.Without a known appointment or election, but under such circumstances of reputation or acquiescence as were calculated to induce people, without inquiry, to submit to or invoke his action, supposing him to the be the officer he assumed to be; or 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 (e.g., taking an oath or giving a bond); 3.Under color of a known election or appointment, void because: a.the officer was not eligible; b.there was a want of power in the electing or appointing body; c.there was a defect or irregularity in its exercise; such ineligibility, want of power, or defect being unknown to the public. 4.Under color of an election or an appointment by or pursuant to a public, unconstitutional law, before the same is adjudged to be such. Note: Here, what is unconstitutional is not the act creating the office, but the act by which the officer is appointed to an office legally existing. (Norton v. County of Shelby) Requisites: valid existing office; actual physical possession of said office; color of title to office; by reputation or acquiescence; known or valid appointment or election but officer failed to conform with legal requirements; known appointment or election but void because of ineligibility of officer or want of authority of appointing or electing authority or irregularity in appointment or election not known to public; and known appointment or election pursuant to unconstitutional law before declaration of unconstitutionality. De Jure Officer rests on the right removed in a direct proceeding. ;and has lawful or title to the office, and cannot be

versus De Facto Officer rests on reputation ;and has possession & performs the duties under color of right without being technically qualified in all points of law to act, and may be ousted in a direct proceeding against him. DE FACTO OFFICER is considered an intruder officer under any of the 4 circumstances mentioned 1. one who takes possession of an office and undertakes to act officially without any authority, either actual or apparent; a de facto officer has color of right or title to office; 2. has neither lawful title nor color of right or title to office; in a defacto officer, his acts are valid as to the public until such time as his title to the office is adjudged insufficient; 3. acts are absolutely void and can be impeached in any proceeding at any time unless and until he continues to act for so long a time as to afford a presumption of his right to act; and 4. He is not entitled to compensation for services rendered; a de facto is entitled to compensation. Legal Effects of Acts - valid insofar as they affect the public, a de facto officer is entitlement to salaries General Rule: rightful incumbent may recover from de facto officer salary received by latter during time of wrongful tenure even though latter is in good faith and under color of title. (Monroy v. CA, 20 SCRA 620) Exception: when there is no de jure public officer, de facto officer entitled to salaries for period when he actually discharged functions.(Civil Liberties Union v. Exec. Sec., 194 SCRA 317) Challenge to a De Facto Officer: must be in a direct proceeding where the title will be the principal issue . Eligibility to Public Office Eligibility and qualification: two senses: may refer to endowments, qualities or attributes which make an individual eligible for public office; may refer to the act of entering into performance of functions of public office. Authority to prescribe qualification: when prescribed by Constitution, ordinarily exclusive, the legislature may not increase or reduce qualifications except when Constitution itself provides otherwise as when only minimum or no qualifications are prescribed( ex: Art XIII Sec 17 (2), Art VIII Sec 7 (2) Consti) ; when office created by statute, Congress has generally plenary power to prescribe qualification but such must be: germane to purpose of office; and not too specific so as to refer to only one individual. A Public Oficer is chosen by appointment or election. Appointment is an act of designation by appointing officer, body or board, to whom that power has been dekegated, of individual who is to exercise the function of a given office. It is essentially discretionary and cannot even be controlled by the SC, as long as it is properly and not arbitrarily done. The CSC can't even revoke an appointment on the ground that another one is more qualified. Under Sec. 16, Art. VII of the Constitution, The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.cralaw The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress.cral

Sec. 44. Appointment of Secretaries. - The Secretaries of Departments shall be appointed by the President with the consent of the Commission on Appointments, at the beginning of his term of office, and shall hold office, unless sooner removed, until the expiration of his term of office, or until their successors shall have been appointed and qualified. Public Officers Public officers are Individuals vested with public office. It refers to person whose duties, not being of a clerical or manual nature, involves the exrcise of discretion in the performance of the functions of the government.

Classification of Public Officers: Executive, legislative and judicial officers; Discretionary or ministerial officers; Civil or military officers; Officers de jure or de facto; and National, provincial or municipal officials Commencement and Termination of Official Relations Commencement of Official by appointment; or by election relations:

Appointment selection, by authority vested with power, of individual who is to perform functions of a given office. It is essentially a discretionary power and must be performed by the officer in which it is vested according to his best lights, the only condition being that the appointee should possess the minimum qualification requirements prescribed by law for the position (Nachura, Reviewer in Political Law, p. 305) Commission written evidence of appointment. Designation imposition of additional duties, usually by law, on a person already in public office. Classification of Appointments: Permanent extended to person possessing requisite qualification for the position and thus enjoys security of tenure; Temporary acting appointment, given to a non-civil service eligible is without a definite tenure and is dependent upon the pleasure of the appointing power; Provisional- is one which may be issued upon prior authorization of the Commissioner of Civil service in accordance with the provisions of the Civil Service Law and the rule and standards to a person who has not qualified in an appropriate examination but who otherwise meets the requirements for appointment to a regular position in the competitive service, whenever a vacancy occurs and the filling thereof is necessary in the interest of the service and there is no appropriate register of those who are eligible at the time of appointment; Regular made by President while Congress is in session and becomes effective after nomination is confirmed by the Commission on Appointments and continues until the end of term; and Ad-interim Recess -- made while Congress is not in session, before confirmation, is immediately effective, and ceases to be valid if disapproved or bypassed by CA upon next adjournment of Congress; Midnight made by the President before his term expires, whether or not this is confirmed by the Commission on Appointments. Regular appointment Ad interim appointment Made during the legislative session Made during the recess Made only after the nomination is confirmed by the Commission on Appointments (CA) Made before such confirmation . Once confirmed by the CA continues until the end of the term of the appointee Shall cease to be valid if disapproved by the CA or upon the next adjournment Nepotism all appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including GOCC, made in favor of a relative of the (1) appointing or (2) recommending authority or of the (3) chief of the bureau or office or of

the (4) persons exercising immediate supervision over him. A relative is one within the 3rd degree either of consanguinity or affinity Under Sec. 26, Art. II of the Constituion, the State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law. CIVIL SERVICE COMMISSION Sec. 1. Declaration of Policy. The State shall insure and promote the Constitutional mandate that appointments in the Civil Service shall be made only according to merit and fitness; That the Civil Service Commission, as the central personnel agency of the Government shall establish a career service, adopt measures to promote morale, efficiency, integrity, responsiveness, and courtesy in the civil service, strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability; That public office is a public trust and public officers and employees must at all times be accountable to the people; and that personnel functions shall be decentralized, delegating the corresponding authority to the departments, offices and agencies where such functions can be effectively performed. (Book V, Title 1, Chapter 1, CSC; Admin. Code) PERSONNEL POLICIES AND STANDARDS - Sec. 21. Recruitment and Selection of Employees. - (1) Opportunity for government employment shall be open to all qualified citizens and positive efforts shall be exerted to attract the best qualified to enter the service. Employees shall be selected on the basis of fitness to perform the duties and assume the responsibilities of the positions. (Book V, Title 1, Chapter 5;Admin Code) Section 2. (1) The civil service embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government-owned or controlled corporations with original charters. (2) Appointments in the 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. (3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law. (4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. (5) The right to self-organization shall not be denied to government employees. (6) Temporary employees of the Government shall be given such protection as may be provided by law Section 3. The Civil Service Commission, as the central personnel agency of the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service. It shall strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs. (Art. IX, B. Civil Srvice Commission, Constitution of the Philippines) Vacancy when an office is empty and without a legally qualified incumbent appointed or elected to it with a lawful right to exercise its powers and performs its duties. Classifications of vacancy: original when an office is created and no one has been appointed to fill it; constructive when the incumbent has no legal right or claim to continue in office and can be legally replaced by another functionary; accidental when the incumbent having died, resigned, or been removed; absolute when the term of an incumbent having expired and the latter not having held over, no successor is in being who is legally qualified to assume the office.

Modes of Termination of Official Relationship: -expiration of term or tenure; Term: the period during w/c the individual has a right to the public office. Ot is a definite period of time prescribed by law by w/c an officer may hold office. Ex. President for 6 years; judge unitl age 70; . -reaching the age limit; -resignation; There must be a formal method of renunciation coupled w/ physical act of relinquishing the office. there must be acceptance - recall; -removal;

Forcible & permanent sepaation of the incumbent from office before expiration of his term done by the appointing power or by law like impeachable officers or judges removed by the SC altho' appointed by the president. It is different from suspension, w/c is temporary - abandonment; Total surrender, relinquishment, disclaimer or cession of the public office and includes the intention as well as the external act by w/c it is carried out. It connotes the giving upon the price but is not attended w/ formalities observed in resignation. - acceptance of incompatible office; Ex. Judge & Prosecutor; treasurer & auditor - abolition of office; Done by the one creating; ex. NLRC, a statutory office is abolished by statute - prescription of right to office (within one year after the cause of ouster or the right to hold such office or position arose); - impeachment; Impeachable officers: president, VP, SC members, constituional commisions, ombudsman. Grounds: culpable violation of the Const., I.e. Willful disregard or intentional violationof the constitution; treason; bribery; high crimes; graft and corruption; betrayal of public trust RPC, Art. 114. Treason. Any person who, owing allegiance to (the United States or) the Government of the Philippine Islands, not being a foreigner, levies war against them or adheres to their enemies, giving them aid or comfort within the Philippine Islands or elsewhere, shall be punished by reclusion temporal to death and shall pay a fine not to exceed P20,000 pesos. No person shall be convicted of treason unless on the testimony of two witnesses at least to the same overt act or on confession of the accused in open court.chanrobles virtual law library Likewise, an alien, residing in the Philippine Islands, who commits acts of treason as defined in paragraph 1 of this Article shall be punished by prision mayor to death and shall pay a fine not to exceed P20,000 pesos. (As amended by E.O. No. 44, May 31, 1945) Art. 210. Direct bribery. Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and maximum periods and a fine [of not less than the value of the gift and] not less than three times the value of the gift in addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed. If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of prision correccional, in its medium period and a fine of not less than twice the value of such gift.chanrobles virtual law library If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a fine [of not less than the value of the gift and] not less than three times the value of such gift.chanrobles virtual law library In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification.chanrobles virtual law library chan robles virtual law library The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties. (As amended by Batas Pambansa Blg. 872, June 10, 1985). Art. 211. Indirect bribery. The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (As amended by Batas Pambansa Blg. 872, June 10, 1985). Art. 212. Corruption of public officials. The same penalties imposed upon the officer corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given the gifts or presents as described in the preceding articles.chanrobles virtual law library Chapter Three - death; -failure to assume elective office within 6 months from proclamation; - conviction of a crime; and - filing of certificate of candidacy. - forfeiture Divesting the incumbent of title to his office as a result of a positive act, either culpable or innocent. Ex. Filing of candidacy; acceptance by legislator of an incompatible office operates as forfeiture of seat in legislature. When public officer holds office at pleasure of appointing power, his replacement amounts to expiration of his term, not removal.(Alajar vs Alba, 100 Phil 683)

Principle of Hold-Over if no express or implied Constitutional or statutory provision to the contrary, public officer is entitled to hold office until successor has been chosen and shall have qualified. Purpose: to prevent hiatus in public office. (But subject to Art. 237 of RPC) Art. 237. Prolonging performance of duties and powers. Any public officer shall continue to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos. (Offenses by Public Officers) Retirement: Members of Judiciary : 70 years of age Other government officers and employees : 65 years of age Optional retirement age: after rendition of minimum number of years of service. Accepting Authority for Resignation: 1. to competent authority provided by law; 2. If law is silent and public officer is appointed, tender to appointing officer; 3. If law is silent and public officer is elected, tender to officer authorized by law to call election to fill vacancy: 4. President and Vice-President - Congress 5. Members of Congress - respective Chambers 6. Governors, Vice Governors, Mayors and Vice Mayors of HUCs and independent component cities - President. 7. Municipal Mayors and Vice Mayors/City Mayors and Vice Mayors of component cities Provincial Governor; 8. Sanggunian Members Sanggunian concerned; and 9. Elective Barangay Officials Municipal or City Mayors Recall - termination of official relationship for loss of confidence prior to expiration of his term through the will of the people. Limitations on Recall: any elective official may be subject of a recall election only once during his term of office for loss of confidence; and no recall shall take place within one year from date of the officials assumption to office or one year immediately preceding a regular local election. Procedure for Recall (Secs. 70-72, R.A. 7160) 1.Initiation of the Recall Process: a.by a Preparatory Recall Assembly (PRA) composed of: i.Provincial mayors, vice mayors and sanggunian (sg) members of the municipalities and component cities; ii.City punong barangay and (sg) barangay members; iii. Legislative District: iiia.SG Panlalawigan municipal officials in the district; iiib.SG Panglunsod barangay officials in the district; iv.Municipal - punong barangay and (sg) barangay members; majority of the PRA members shall convene in session in a public place; recall of the officials concerned shall be validly initiated through a resolution adopted by a majority of all the PRA members concerned b.by the Registered Voters (RV) in the province, city, municipality or barangay (LGU) concerned - at least 25% of the total number of RV in the LGU concerned during the election in which the local official sought to be recalled was elected; i.written petition filed with the COMELEC in the presence of the representative of the petitioner and a representative of the official sought to be recalled, and in a public place of the LGU; ii.COMELEC shall cause the publication of the petition in a public and conspicuous place for a period of not less than 10 days nor more than 20 days iii.upon lapse of the said period, COMELEC shall announce the acceptance of candidates and shall prepare the list of candidates which shall include the name of the official sought to be Rights of Public Officers: 1. Right to Office just and legal claim to exercise powers and responsibilities of the public office. Term period during which officer may claim to hold office as a right. Tenure period during which officer actually holds office. 2. Right to Salary

Basis: legal title to office and the fact the law attaches compensation to the office. Salary compensation provided to be paid to public officer for his services. Preventive Suspension public officer not entitled during the period of preventive suspension, but upon exoneration and reinstatement he must be paid full salaries and emoluments during such period. Back salaries are also payable to an officer illegally dismissed or otherwise unjustly deprived of his office the right to recover accruing from the date of deprivation. The claim for back salaries must be coupled with a claim for reinstatement and subject to the prescriptive period of one (1) year. (Cruz, Law on Public Officers, p126-126) Forms of Compensation: salary personal compensation to be paid to public officer for his services and it is generally a fixed annual or periodical payment depending on the time and not on the amount of the service he may render; per diem allowance for days actually spent in the performance of official duties; honorarium something given as not as a matter of obligation, but in appreciation for services rendered; fee payment for services rendered or on commission on moneys officially passing through their hands; and emoluments profits arising from the office, received as compensation for services or which is annexed to the office as salary, fees, or perquisites. 3. Right to Preference in Promotion Promotion movement from one position to another with increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay. Next-in-Rank Rule the person next in rank shall be given preference in promotion when the position immediately above his is vacated. But the appointing authority still exercises his discretion and is not bound by this rule. Appointing officer is only required to give special reasons for not appointing officer next in rank if he fills vacancy by promotion in disregard of the next in rank rule. (Pineda vs. Claudio, 28 SCRA 34) Automatic Reversion Rule all appointments involved in chain of promotions must be submitted simultaneously for approval by the Commission, 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.

4. Right to vacation leave and sick leave with pay; LEAVE OF ABSENCE - Sec. 60. Leave of Absence. - Officers and employees in the Civil Service shall be entitled to leave of absence, with or without pay, as may be provided by law and the rules and regulations of the Civil Service Commission in the interest of the service. ( Book V, Title 1, Chapter 8; Admin Code) 5.Right to maternity leave; 6. Right to pension and gratuity; Pension regular allowance paid to an individual or a group of individuals by the government in consideration of services rendered or in recognition of merit, civil or military. Gratuity a donation and an act of pure liberality on the part of the State. 7. Right to retirement pay; 8. Right to reimbursement for expenses incurred in performance of duty; 9. Right to be indemnified against any liability which they may incur in bona fide discharge of duties; 10. Right to longevity pay. 11. Right to Self-Organization Art III, Sec 8 1987Consti. Note: Civil servants are now given the right to self organize but they may not stage strikes (see: SSS Employees Assoc. vs. CA, 175 SCRA 686) RIGHT TO SELF-ORGANIZATION -Sec. 38. Coverage. - (1) All government employees, including those in government-owned or controlled corporations with original charters, can form, join or assist employees' organizations of their own choosing for the furtherance and protection of their interests. They can also form, in conjunction with appropriate government authorities, labor-management committees, work councils and other forms of workers'

participation schemes to achieve the same objectives. (Book V, Title 1, Chapter 6; Admin Code) . Disabilities and Inhibitions of Public Officers Inhibition is a restraint upon the public officer against the doing of certain acts w/c may legally br dine by others. Disqualification denotes lack of a needed eligibility for a certain office Constitutional Inhibitions: Sec.6, Art. VII, The President shall have an official residence. The salaries of the President and Vice-President shall be determined by law and shall not be decreased during their tenure. No increase in said compensation shall take effect until after the expiration of the term of the incumbent during which such increase was approved. They shall not receive during their tenure any other emolument from the Government or any other source. Sec.13, Art. VII, The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, 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 government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.c Sec. 13, Art. VI, No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. 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. PROHIBITIONS - Sec. 54. Limitation on Appointment. - (1) No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. (Book V, Title 1, Chapter 7; Admin Code) Under Sec. 2 of Art. IX, B. Civil Srvice Commission of the Constitution of the Philippines, it provides that: (3)No officer or employee of the civil service shall be removed or suspended except for cause provided by law. (4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.

Powers and Duties of a Public Officer: Ministerial discharge is imperative and requires neither judgment nor discretion, mandamus will lie; and Discretionary imposed by law wherein officer has right to decide how and when duty shall be performed, mandamus will not lie. Liability of Public Officer General Rule: not liable for injuries sustained by another as a consequence of official acts done within the scope of his authority, except as otherwise provided by law. A Public Officer shall not be civilly liable for acts done in the performance of his duties. Exceptions are the statutory liability under the Civil Code (Arts. 27, 32 and 34); Art. 27. Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken.

Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom of religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; 5) Freedom of suffrage; (6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one's person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contrary to law; (13) The right to take part in a peaceable assembly to petition the government for redress of grievances; (14) The right to be free from involuntary servitude in any form; (15) The right of the accused against excessive bail; (16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one's self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendant's act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief. Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and may be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Art. 34. When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action.

When there is a clear showing of bad faith, malice or negligence (Administrative Code of 1987); liability on contracts; and liability on tort . Under the Admin Code (Bk. 1, Chapter 9) Sec. 38. Liability of Superior Officers. - (1) A public officer shall not be civilly liable for acts done in the performance of his official duties, unless there is a clear showing of bad faith, malice or gross negligence.chanrobles virtual law library (2) Any public officer who, without just cause, neglects to perform a duty within a period fixed by law or regulation, or within a reasonable period if none is fixed, shall be liable for damages to the private party concerned without prejudice to such other liability as may be prescribed by law.chanrobles virtual law library (3) A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence, or misfeasance of his subordinates, unless he has actually authorized by written order the specific act or misconduct complained of.chanrobles virtual law library Sec. 39. Liability of Subordinate Officers. -No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties. However, he shall be liable for willful or negligent acts done by him which are contrary to law, morals,

public policy and good customs even if he acted under orders or instructions of his superiors.chanrobles virtual law library Threefold Liability Rule wrongful acts or omissions of public officers may give rise to civil, criminal, and administrative liability. (CAC liability rule) Liability of Ministerial Officers: Nonfeasance neglect or refusal to perform an act which is officers legal obligation to perform; Misfeasance failure to use that degree of care, skill and diligence required in the performance of official duty; and Malfeasance doing, through ignorance, inattention or malice, of an act which he had no legal right to perform. Doctrine of Command Responsibility A superior officer is liable for acts of a subordinate when: (ERCAL) . - he negligently or willfully employs or retains unfit or incompetent subordinates; - he negligently or willfully fails to require subordinate to conform to prescribed regulations; - he negligently or carelessly oversees business of office as to furnish subordinate an opportunity for default; - he directed or authorized or cooperated in the wrong; or - the law expressly makes him liable. Under the Revised Admin. Code of 1987, A Superior Officer shall be liable for acts of subordinate officers only if he has actually authorized be written order the specific act or misconduct complained. Subordinate officers are also liable for willful or negligent acts even if he acted under orders if such acts are contrary to law, morals, public policy and good customs Preventive Suspension - a precautionary measure so that an employee who is formally charged of an offense may be separated from the scene of his alleged misfeasance while the same is being investigated (Bautista v. Peralta, 18 SCRA 223) - need not be preceded by prior notice and hearing since it is not a penalty but only a preliminary step in an administrative investigation (Lastimosa v. Vasquez, 243 SCRA 497) - the period of preventive suspension cannot be deducted from whatever penalty may be imposed upon the erring officer (CSC Resolution No. 90-1066) PENDING INVESTIGATION [Sec.51, E.O.292] PENDINGAPPEAL [Sec.27(4), E.O. 292] not a penalty but only a means of enabling the disciplinary authority to conduct an unhampered investigation. Punitive in character no compensation due for the period of suspension even if found innocent of the charges. If exonerated, he should be reinstated with full pay for the period of suspension. Rules on Preventive Suspension: 1.Appointive Officials Not a Presidential Appointee (Secs. 41-42, P.D. 807): a.by whom the proper disciplining authority may preventively suspend; b.against whom any subordinate officer or employee under such authority; when pending an investigation; grounds if the charge against such officer or employee involves: i.dishonesty; ii.oppression or grave misconduct; iii.neglect in the performance of duty; or if there are reasons to believe that respondent is guilty of the charges which would warrant his removal from the service duration the administrative investigation must be terminated within 90 days; otherwise, the respondent shall be automatically reinstated unless the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, in which case the period of delay shall not be counted in computing the period of suspension.

A Presidential Appointee: a.can only be investigated and removed from office after due notice and hearing by the President of the Philippines under the principle that the power to remove is inherent in the power to appoint as can be implied from Sec. 5, R.A.2260 (Villaluz v. Zaldivar, 15 SCRA 710). b.the Presidential Commission Against Graft and Corruption (PCAGC) shall have the power to investigate administrative complaints against presidential appointees in the executive department of the government, including GOCCs charged with graft and corruption involving one or a combination of the following criteria: i.presidential appointees with the rank equivalent to or higher than an Assistant Regional Director; ii.amount involved is at least P10M; iii.those which threaten grievous harm or injury to the national interest; and iv.those which may be assigned to it by the President (E.O. No. 151 and 151-A). 2.Elective Officials: (Sec 63, R.A. 7160) a.by whom against whom i.President elective official of a province, a highly urbanized or an independent component city; ii.Governor elective official of a component city or municipality; iii.Mayor elective official of a barangay b.when at any time after the issues are joined; grounds: i.reasonable ground to believe that the respondent has committed the act or acts complained of; ii.evidence of culpability is strong; iii.gravity of the offense so warrants; continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence duration: i.single administrative case not to extend beyond 60 days; ii.several administrative cases not more than 90 days within a single year on the same ground or grounds existing and known at the time of the first suspension Section 24 of the Ombudsman Act (R.A. 6770) expressly provide that the preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than 6 months without pay. The preventive suspension for 6 months without pay is thus according to law (Lastimosa v. Vasquez, 243 SCRA 497) - R.A. 3019 makes it mandatory for the Sandiganbayan to suspend, for a maximum period of 90 days unless the case is decided within a shorter period, any public officer against whom a valid information is filed charging violation of: 1.R.A. 3019; 2.Book II, Title 7, Revised Penal Code; or 3.offense involving fraud upon government or public funds or property (Cruz, The Law of Public Officers, pp. 86-87)