Section 16, Art. XVIII, Consti
- The Office of the President shall
Section 16. Career civil service employees separated from the
service not for cause but as a result of the reorganization pursuant
to Proclamation No. 3 dated March 25, 1986 and the
reorganization following the ratification of this Constitution shall
be entitled to appropriate separation pay and to retirement and
other benefits accruing to them under the laws of general
application in force at the time of their separation. In lieu thereof,
at the option of the employees, they may be considered for
employment in the Government or in any of its subdivisions,
instrumentalities, or agencies, including government-owned or
controlled corporations and their subsidiaries. This provision also
applies to career officers whose resignation, tendered in line with
the existing policy, had been accepted.
Sec. 31 in relation to Secs 21-23, Book III, EO 292
Section 31. Continuing Authority of the President to Reorganize
his Office. - The President, subject to the policy in the Executive
Office and in order to achieve simplicity, economy and efficiency,
shall have continuing authority to reorganize the administrative
structure of the Office of the President. For this purpose, he may
take any of the following actions:
(1) Restructure the internal organization of the Office of the
President Proper, including the immediate Offices, the Presidential
Special Assistants/Advisers System and the Common staff Support
System, by abolishing, consolidating or merging units thereof or
transferring functions from one unit to another;
(2) Transfer any function under the Office of the President to any
other Department or Agency as well as transfer functions to the
Office of the President from other Departments and Agencies; and
(3) Transfer any agency under the Office of the President to any
other department or agency as well as transfer agencies to the
Office of the President from other departments or agencies.
Section 21. Organization.
consist of the Office of the President Proper and the agencies under
it.
Section 22. Office of the President Proper. -
(1) The Office of the President Proper shall consist of the Private
Office, the Executive Office, the Common Staff Support System,
and the Presidential Special Assistants/Advisers System;
(2) The Executive Office refers to the Offices of the Executive
Secretary, Deputy Executive Secretaries and Assistant Executive
Secretaries;
(3) The Common Staff Support System embraces the offices or
units under the general categories of development and
management, general government administration and internal
administration; and
(4) The President Special Assistants/Advisers System includes
such special assistants or advisers as may be needed by the
President.
Section 23. The Agencies under the Office of the President. - The
agencies under the Office of the President refer to those offices
placed under the chairmanship of the President, those under the
supervision and control of the President, those under the
administrative supervision of the Office of the President, those
attached to it for policy and program coordination, and those that
are not placed by law or order creating them under any specific
department.
RPC Art. 237
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.
Sec. 11, Art. VIII, Consti
Section 11. The Members of the Supreme Court and judges of
lower courts shall hold office during good behavior until they
reach the age of seventy years or become incapacitated to
discharge the duties of their office. The Supreme Court en
banc shall have the power to discipline judges of lower courts, or
order their dismissal by a vote of a majority of the Members who
actually took part in the deliberations on the issues in the case and
voted thereon.
LGC
Section 82. Resignation of Elective Local Officials. -
(a) Resignations by elective local officials shall be deemed
effective only upon acceptance by the following authorities:
(1) The President, in the case of governors, vice-governors, and
mayors and vice-mayors of highly urbanized cities and
independent component cities;
(2) The governor, in the case of municipal mayors, municipal vice-
mayors, city mayors and city vice-mayors of component cities;
(3) The sanggunian concerned, in the case of sanggunian members;
and
(4) The city or municipal mayor, in the case of barangay officials.
(b) Copies of the resignation letters of elective local officials,
together with the action taken by the aforesaid authorities, shall be
furnished the Department of the Interior and Local Government.
(c) The resignation shall be deemed accepted if not acted upon by
the authority concerned within fifteen (15) days from receipt
thereof.
(d) Irrevocable resignations by sanggunian members shall be
deemed accepted upon presentation before an open session of the
sanggunian concerned and duly entered in its records: Provided,
however, That this subsection does not apply to sanggunian
members who are subject to recall elections or to cases where
existing laws prescribed the manner of acting upon such
resignations.
OEC
Section 66. Candidates holding appointive office or positions.
- Any person holding a public appointive office or position,
including active members of the Armed Forces of the Philippines,
and officers and employees in government-owned or controlled
corporations, shall be considered ipso facto resigned from his
office upon the filing of his certificate of candidacy.
Section 11 Failure to assume office. - The office of any official
elected who fails or refuses to take his oath of office within six
months from his proclamation shall be considered vacant, unless
said failure is for a cause or causes beyond his control.
ROC
Section 11. Limitations. Nothing contained in this Rule shall be
construed to authorize an action against a public officer or
employee for his ouster from office unless the same be commenced
within one (1) year after the cause of such ouster, or the right of the
petitioner to hold such office or position, arose, nor to authorize an
action for damages in accordance with the provisions of the next
preceding section unless the same be commenced within one (1)
year after the entry of the judgment establishing the petitioner's
right to the office in question. (16a)
LGC
Section 69. By Whom Exercised. - The power of recall for loss of
confidence shall be exercised by the registered voters of a local
government unit to which the local elective official subject to such
recall belongs.
Section 70. Initiation of the Recall Process. -
(a) Recall may be initiated by a preparatory recall assembly or by
the registered voters of the local government unit to which the
local elective official subject to such recall belongs.
(b) There shall be a preparatory recall assembly in every province,
city, district, and municipality which shall be composed of the
following:
(1) Provincial level. - All mayors, vice-mayors, and sanggunian
members of the municipalities and component cities;
(2) City level. - All punong barangay and sanggunian barangay
members in the city;
(3) Legislative District level. - In case where sangguniang
panlalawigan members are elected by district, all elective
municipal officials in the district; and in cases where sangguniang
panlungsod members are elected by district, all elective barangay
officials in the district; and
(4) Municipal level. - All punong barangay and sangguniang
barangay members in the municipality.
(c) A majority of all the preparatory recall assembly members may
convene in session in a public place and initiate a recall
proceedings against any elective official in the local government
unit concerned. Recall of provincial, city, or municipal officials
shall be validly initiated through a resolution adopted by a majority
of all the members of the preparatory recall assembly concerned
during its session called for the purpose.
(d) Recall of any elective provincial, city, municipal, or barangay
official may also be validly initiated upon petition of at least
twenty-five percent (25%) of the total number of registered voters
in the local government unit concerned during the election in
which the local official sought to be recalled was elected.
(1) A written petition for recall duly signed before the election
registrar or his representative, and in the presence of a
representative of the petitioner and a representative of the official
sought to be recalled and, and in a public place in the province,
city, municipality, or barangay, as the case may be, shall be filed
with the COMELEC through its office in the local government unit
concerned. The COMELEC or its duly authorized representative
shall cause the publication of the petition in a public and
conspicuous place for a period of not less than ten (10) days nor
more than twenty (20) days, for the purpose of verifying the
authenticity and genuineness of the petition and the required
percentage of voters.
(2) Upon the lapse of the aforesaid period, the COMELEC or its
duly authorized representative shall announce the acceptance of
candidates to the position and thereafter prepare the list of
candidates which shall include the name of the official sought to be
recalled.
Section 71. Election on Recall. - Upon the filing of a valid
resolution or petition for recall with the appropriate local office of
the COMELEC, the Commission or its duly authorized
representative shall set the date of the election on recall, which
shall not be later than thirty (30) days after the filing of the
resolution or petition for recall in the case of the barangay, city, or
municipal officials. and forty-five (45) days in the case of
provincial officials. The official or officials sought to be recalled
shall automatically be considered as duly registered candidate or
candidates to the pertinent positions and, like other candidates,
shall be entitled to be voted upon.
Section 72. Effectivity of Recall. - The recall of an elective local
official shall be effective only upon the election and proclamation
of a successor in the person of the candidate receiving the highest
number of votes cast during the election on recall. Should the
official sought to be recalled receive the highest number of votes,
confidence in him is thereby affirmed, and he shall continue in
office.
Section 73. Prohibition from Resignation. - The elective local
official sought to be recalled shall not be allowed to resign while
the recall process is in progress.
Section 74. Limitations on Recall. -
(a) Any elective local official may be the subject of a recall
election only once during his term of office for loss of confidence.
(b) No recall shall take place within one (1) year from the date of
the official's assumption to office or one (1) year immediately
preceding a regular local election.
Constitution
Art. XI
Section 2. The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional Commissions,
and the Ombudsman may be removed from office on impeachment
for, and conviction of, culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. All other public officers and employees
may be removed from office as provided by law, but not by
impeachment.
Section 3. (1) The House of Representatives shall have the
exclusive power to initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any
Member of the House of Representatives or by any citizen upon a
resolution or endorsement by any Member thereof, which shall be
included in the Order of Business within ten session days, and
referred to the proper Committee within three session days
thereafter. The Committee, after hearing, and by a majority vote of
all its Members, shall submit its report to the House within sixty
session days from such referral, together with the corresponding
resolution. The resolution shall be calendared for consideration by
the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House
shall be necessary either to affirm a favorable resolution with the
Articles of Impeachment of the Committee, or override its contrary
resolution. The vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is
filed by at least one-third of all the Members of the House, the
same shall constitute the Articles of Impeachment, and trial by the
Senate shall forthwith proceed.
(5) No impeachment proceedings shall be initiated against the
same official more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases
of impeachment. When sitting for that purpose, the Senators shall
be on oath or affirmation. When the President of the Philippines is
on trial, the Chief Justice of the Supreme Court shall preside, but
shall not vote. No person shall be convicted without the
concurrence of two-thirds of all the Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office under
the Republic of the Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution, trial, and
punishment, according to law.
(8) The Congress shall promulgate its rules on impeachment to
effectively carry out the purpose of this section.
Art. IX-B
Section 2.
(3) No officer or employee of the civil service shall be removed or
suspended except for cause provided by law.
Art. XIII
Section 3. The State shall afford full protection to labor, local and
overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.
It shall guarantee the rights of all workers to self-organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law. They
shall be entitled to security of tenure, humane conditions of work,
and a living wage. They shall also participate in policy and
decision-making processes affecting their rights and benefits as
may be provided by law.
The State shall promote the principle of shared responsibility
between workers and employers and the preferential use of
voluntary modes in settling disputes, including conciliation, and
shall enforce their mutual compliance therewith to foster industrial
peace.
The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the
fruits of production and the right of enterprises to reasonable
returns to investments, and to expansion and growth.
PD 807 Civil Service Decree
Section 36. Discipline: General Provisions.
(b) The following shall be grounds for disciplinary action:
1. Dishonesty;
2. Oppression;
3. Neglect of duty;
4. Misconduct;
5. Disgraceful and immoral conduct;
6. Being notoriously undesirable;
7. Discourtesy in the course of official duties;
8. Inefficiency and incompetence in the performance of official
duties;
9. Receiving for personal use of a fee, gift or other valuable thing
in the course of official duties or in connection therewith when
such fee, gift, or other valuable thing is given by any person in the
hope or expectation of receiving a favor or better treatment than
that accorded other persons, or committing acts punishable under
the anti-graft laws;
10. Conviction of a crime involving moral turpitude;
11. Improper or unauthorized solicitation of contributions from
subordinate employees and by teachers or school officials from
school children;
12. Violation of existing Civil Service Law and rules or reasonable
office regulations;
13. Falsification of official document;
14. Frequent unauthorized absences or tardiness in reporting for
duty, loafing or frequent unauthorized absences from duty during
regular office hours;
15. Habitual drunkenness;
16. Gambling prohibited by law;
17. Refusal to perform official duty or render overtime service;
18. Disgraceful, immoral or dishonest conduct prior to entering the
service;
19. Physical or mental incapacity or disability due to immoral or
vicious habits;
20. Borrowing money by superior officers from subordinates or
lending by subordinates to superior officers;
21. Lending money at usurious rates of interest;
22. Willful failure to pay just debts or willful failure to pay taxes
due to the government;
23. Contracting loans of money or other property from persons
with whom the office of the employee concerned has business
relations;
24. Pursuit of private business, vocation or profession without the
permission required by Civil Service rules and regulations;
25. Insubordination;
26. Engaging directly or indirectly in partisan political activities by
one holding non-political office;
27. Conduct prejudicial to the best interest of the service;
28. Lobbying for personal interest or gain in legislative halls and
offices without authority;
29. Promoting the sale of tickets in behalf of private enterprises
that are not intended for charitable or public welfare purposes and
even in the latter cases if there is no prior authority;
30. Nepotism as defined in Section 49 of this Decree.
Section 37. Disciplinary Jurisdiction.
(a) The Commission shall decide upon appeal all administrative
disciplinary cases involving the imposition of a penalty of
suspension for more than thirty days, or fine in an amount
exceeding thirty days' salary, demotion in rank or salary or transfer,
removal or dismissal from Office. A complaint may be filed
directly with the Commission by a private citizen against a
government official or employee in which case it may hear and
decide the case or it may deputize any department or agency or
official or group of officials to conduct the investigation. The
results of the investigation shall be submitted to the Commission
with recommendation as to the penalty to be imposed or other
action to be taken.
(b) The heads of departments, agencies and instrumentalities,
provinces, cities and municipalities shall have jurisdiction to
investigate and decide matters involving disciplinary action against
officers and employees under their jurisdiction. Their decisions
shall be final in case the penalty imposed is suspension for not
more than thirty days or fine in an amount not exceeding thirty
days' salary. In case the decision rendered by a bureau or office
head is appealable to the Commission, the same may be initially
appealed to the department and finally to the Commission and
pending appeal, the same shall be executory except when the
penalty is removal, in which case the same shall be executory only
after confirmation by the department head.
(c) An investigation may be entrusted to regional director or
similar officials who shall make the necessary report and
recommendation to the chief of bureau or office or department
within the period specified in Paragraph d of the following Section.
(d) An appeal shall not stop the decision from being executory, and
in case the penalty is suspension or removal, the respondent shall
be considered as having been under the preventive suspension
during the pendency of the appeal in the event he wins an appeal.
Section 38. Procedure in Administrative Cases Against Non-
Presidential Appointees.
(a) Administrative proceedings may be commenced against a
subordinate officer or employee by the head of department or
office of equivalent rank, or head of local government, or chiefs or
agencies, regional directors, or upon sworn, written complaint of
any other persons.
(b) In the case of a complaint filed by any other persons, the
complainant shall submit sworn statements covering his testimony
and those of his witnesses together with his documentary evidence.
If on the basis of such papers a prima facie case is found not to
exist, the disciplining authority shall dismiss the case. If a prima
facie case exists, he shall notify the respondent in writing, of the
charges against the latter, to which shall be attached copies of the
complaint, sworn statements and other documents submitted, and
the respondent shall be allowed not less than seventy-two hours
after receipt of the complaint to answer the charges in writing
under oath, together with supporting sworn statements and
documents, in which he shall indicate whether or not he elects a
formal investigation if his answer is not considered satisfactory. If
the answer is found satisfactory, the disciplining authority shall
dismiss the case.
(c) Although a respondent does not request a formal investigation,
one shall nevertheless be conducted when from the allegations of
the complaint and the answer of the respondent, including the
supporting documents, the merits of the case cannot be decided
judiciously without conducting such an investigation.
(d) The investigation shall be held not earlier than five days nor
later than ten days from the date of receipt of respondent's answer
by the disciplining authority, and shall be finished within thirty
days from the filling of the charges, unless the period is extended
by the Commission in meritorious cases. The decision shall be
rendered by the disciplining authority within thirty days from the
termination of the investigation or submission of the report of the
investigator, which report shall be submitted within fifteen days
from the conclusion of the investigation.
(e) The direct evidence for the complainant and the respondent
shall consist of the sworn statement and documents submitted in
support of the complaint or answer, as the case may be, without
prejudice to the presentation of additional evidence deemed
necessary but was unavailable at the time of the filing of the
complaint or answer, upon which the cross-examination, by
respondent and the complainant, respectively, shall be based.
Following cross-examination, there may be redirect and recross-
examination.
(f) Either party may avail himself of the services of counsel and
may require the attendance of witnesses and the production of
documentary evidence in his favor through the compulsory process
of subpoena or subpoena duces tecum.
(g) The investigation shall be conducted only for the purpose of
ascertaining the truth and without necessarily adhering to technical
rules applicable in judicial proceedings. It shall be conducted by
the disciplining authority concerned or his authorized
representative.
The phrase "any other party" shall be understood to be a
complainant other than those referred to in subsection (a) hereof.
Book V, EO 292
SECTION 50. Summary Proceedings.No formal investigation is
necessary and the respondent may be immediately removed or
dismissed if any of the following circumstances is present:
(1) When the charge is serious and the evidence of guilt is strong;
(2) When the respondent is a recidivist or has been repeatedly
charged and there is reasonable ground to believe that he is guilty
of the present charge; and
(3) When the respondent is notoriously undesirable.
Resort to summary proceedings by the disciplining authority shall
be done with utmost objectivity and impartiality to the end that no
injustice is committed: Provided, That removal or dismissal except
those by the President, himself or upon his order, may be appealed
to the Commission.
SECTION 51. Preventive Suspension.The proper disciplining
authority may preventively suspend any subordinate officer or
employee under his authority pending an investigation, if the
charge against such officer or employee involves dishonesty,
oppression or grave misconduct, or neglect in the performance of
duty, or if there are reasons to believe that the respondent is guilty
of charges which would warrant his removal from the service.