Embraces the idea of Limited In its duration

CHAPTER I: CONCEPTS tenure, duration and specific in its object

OFFICE – The incumbent is selected by continuity, and the and
appointment or by election, and whether he is duties connected Its Terms define and
appointed during the pleasure of the appointing Therewith are limit the rights and
power or for a fixed term. generally continuing obligations
and permanent parties and neither
PUBLIC OFFICE – is the right, authority, and duty without consent of
created and conferred by law, by which for a given each party
period, either fixed by law or enduring at the *Public Office is public employment, but not all
pleasure of the appointing power, and individual is public employment is a public office
invested with some portion of the sovereign PUBLIC PUBLIC
functions of the government, to be exercised by OFFICE EMPLOYMENT
him for benefit of the public. Created by Created not by forced of law but by
law, with contact of Employment
PURPOSE AND NATURE OF PUBLIC OFFICES. duties
PUBLIC TRUST Cast upon
-Holders regards as public servants the
-Holders subject to highest standards of incumbent
accountability and service with
Involve the
Public office is a public trust. Public officers and exercise of
employees must at all times be accountable to the Sovereign
people, serve them with the utmost responsibility, power
integrity, loyalty and efficiency, act with patriotism
and justice, and lead modest lives.
ESSENTIAL ELEMENTS OF PUBLIC OFFICERS
NOT PROPERTY C-AE-PF-Du-CP
-Holder subject to removal or suspension according 1. By the CONSTITUTION or by LAW.
to law 2. AUTHORITY and EXERCISE of sovereign
-Holder without vested right in any public office. power.
-Holder’s right in nature of privilege entitled to 3. POWER and FUNCTION are defined by
protection. the Constitution.
-Holder’s right personal to him. 4. The DUTIES pertaining are performed
independently, without control of
Public office is not property of the office holder superior power other than law.
within the meaning and contemplation of the due 5. CONTINUITY and PERMANENCY
process requirements of the constitution.
CREATION OF PUBLIC OFFICE [C-S-TB-CongPre]
NOT A CONTRACT 1. GENERALLY
-Created no contractual relation between holder a. By the CONSTITUTION, STATUTE,
and the public. TRIBUNAL BODY.
-Exists by virtue of some law. b. By the Congress
-Generally entitles holder to compensation i. Exigencies of government it
is necessary to create and
define duties.
PUBLIC OFFICE PUBLIC CONTRACT ii. An office created by the
legislature is wholly within
Creation incident of originates from the will the power of the body. Can
sovereignty of the contracting fit and abolish the office.
parties c. By the PRESIDENT
i. Bureaus, agencies or office in
Its object carry’s out Obligation only executive department.
sovereign as well upon persons who
Same. entered the MODIFICATIONS OR ABOLITION OF PUBLIC OFFICE
As governmental [CO-CO]
function affecting 1. OFFICE CREATED BY THE CONGRESS
Person
 a. The power to create an office
generally includes the power to
modify or abolish it.
b. The power is inherently legislative.
c. Power to fix the number of positions
and the salaries or emoluments of
the holders thereof and to provide
funds for the offices created.
2. OFFICES CREATED BY THE CONSTITUTION
a. Constitutional offices may be
modified or abolished by the people
through a constitutional provision.
EXERCISES OF SOVEREIGN POWERS AND
FUNCTION.[P-O-E-A]
1. One of the most important criteria of
public office
a. exercise some portion of the
sovereign power of the State
2. Authority conferred by law
3. Extent of authority not material.
4. Presumption of regularity of official acts.
TENURE AND DURATION [E-C-P]
1. Existence of definite tenure not
material
a. The duration of tenure need not
be for a fixed period, but may be
at the pleasure of the appointing
power.
2. Continuance of office holder not
material.
3. Permanence of office not material.
a. Civil office — it covers any kind of a
public office, whether executive,
legislative, or judicial.
b. Military office
2. As to creation: (CS)
a. Constitutional office
b. Statutory office
3. As to the department of government to
which it belongs: (L-E-J)
a. Legislative office
b. Executive office
c. Judicial office
4. As to branch of government served: (NAT-
LOC)
a. National office
b. Local office
5. As to whether exercise of discretion is
required: (QJO- MinOff)
a. Quasi-judicial office
b. Ministerial office
6. As to compensation:
a. Lucrative office, office of profit, or
office coupled with an interest. It
includes any office to which salary,
compensation or fees are attached.
b. Honorary office no compensation.

MEANING OF OFFICER/PUBLIC [O-E]

1. Officer - required by law to be elected or
appointed who a designation or title has given to
him by law, and who exercises functions
concerning the public, assigned to him by law.
2. Employee any person in the service of the
government. (Not a clerk)

OFFICER AND EMPLOYEE DISTINGUISHED [PO-

RPC]
1. In the law of public officer greater
importance, dignity, and independence of
his positions.
2. Under the Revised Penal Code.

MEANING OF PUBLIC OFFICIAL

- An officer of the Government itself, as
distinguished from the officers and
employees of instrumentalities of
government.

CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC

OFFICERS
1. As to nature of functions: (Co-M)
 CHAPTER II: ELIGIBILITYAND QUALIFICATION
Meaning of
eligibility/eligible/ineligibility/ineligible
Eligibility
1. The state or quality of being legally
fitted or qualified to be chosen
2. Eligibility to a public office is of a
continuing nature and must exist both at
the commencement and during the
occupancy of an office.
Eligible
1. Means legally fitted or qualified to
hold an office.
Ineligibility
2. Refers to the lack of qualification
prescribed by the Constitution or applicable
laws for holding an office.
Ineligible
3. Legally or otherwise disqualified to
hold an office
4. Disqualified to be elected to an
office
5. Disqualified to hold an office, if
elected or appointed to it
Meaning of qualification
 May refer to the endowment and
accomplishment that fits one for office
 May refer to an act which a person,
before entering the performance of his
duties, is, by the law, required to do, such
as the taking, and often, of subscribing and
taking of an official oath, and, in some
cases, the giving of an official bond
Nature of right to hold public office
 Not a natural right – To hold a public
office, one must be eligible and possess the
qualifications prescribed by the
Constitution.
 Not a constitutional right – There is
no constitutional right to run for office or
hold elected office. Rather, it is a political
privilege which depends upon the favor of
the people for the public good.
Powers of Congress to prescribe qualifications
1. In General - Congress is generally
empowered to prescribe the qualifications
for holding public office, provided it does
not exceed thereby its constitutional
powers or impose conditions of eligibility
inconsistent with constitutional provisions.
2. Where office created by Congress -
body can deal with the subject of
qualification and disqualification, provided
that in so doing it does not impinge upon an
express provision of the Constitution.
3. Where office created by the
Constitution - General rule is that where the
Constitution establishes specific eligibility
requirements for a particular constitutional
office, the constitutional criteria are
exclusive.
4. Where qualifications prescribed by
the Constitution - not self-executing
Power of Congress to prescribe disqualifications
 Congress may not add
disqualifications where the Constitution has
provided them in such a way as to indicate
an intention that the disqualifications
provided shall embrace all that are to be
permitted
 Moreover, when the Constitution
has attached a disqualification to the
holding of any office, Congress cannot
remove it under the power to prescribe
qualifications as to such offices as it may
create
Act adds grounds of disqualifications of a SC
justice
 The subject Act added grounds of
disqualifications, SC prohibits certain
Justices from fulfilling the power and duty
given by the Constitution.
 The Act disqualified a majority of the
constitutional component members of the
Supreme Court. Thus, it deprives it of its
jurisdiction established by the Constitution.
 The designees would not have been
consented to by the Commission on
Appointments; thus, the appointment
would not comply with the Constitution
 Temporary composition of the SC
not authorized by the Constitution since the
Supreme Court is one of the permanent
institutions of the government.
 Method of appointment of a SC
justice provided by the Constitution is
mandatory and binding upon all
departments of government.
Construction of restrictions on eligibility
 Presumption in favor of ineligibility –
 There is a presumption in favor of the
eligibility of one who has been elected or
appointed to public office.
 Basis of presumption – A strong
public policy exists in favor of eligibility to
public office.
 Rule of liberal construction – The
right to public office should be strictly
construed against ineligibility.
General Rule: The right of a citizen
to hold office
Exception: A citizen may not be
deprived of this right without proof
of some disqualification specifically
declared by law.
Time of possession of qualifications
1. Where the time specified by the
Constitution or law – The Constitution or
law may, expressly or by necessary
implication, specify the time when the
required eligibility must exist. The
candidate must possess the necessary
qualifications at that time of the election.
2. Where Constitution or law is silent –
It is necessary for the courts to have
recourse to some other means of
determining the matter.
3. When qualification must always
exist – The candidate or appointee may
have been qualified at the time of his
election or appointment is not sufficient to
entitle him to hold the office.
Removal of disqualification during term
 Courts have not agreed as to the
effect of removal by an office-holder of his
disqualifications after the commencement
of term of office and during its continuance
Particular Qualifications and Disqualifications
 Citizenship
 Age
 The right of suffrage
 Residence
 Education
 Ability to read and write
 Political affiliation
 Civil service examinations
Religious qualification prohibited
 Religious beliefs and opinions
cannot be made a test of political right and
privilege
 No state interest can be discerned
which would justify the burden upon the
free exercise of religion imposed by the
restriction
 Our Constitution expressly provides
that no religious test shall be required for
the exercise of civil and political rights
o Religious test- is one demanding the
avowal or repudiation of certain religious
beliefs before the performance of any act
Power of Congress to impose property
qualifications
1. View that law constitutional – The
view has taken that unless inhibited by the
Constitution, a legislature has the power to
impose property qualifications upon office
holders. A certain public officers be resident
property owners does not transgress the
constitutional guarantees of due process
and equal protection.
2. View that law unconstitutional – In a
case, The Supreme Court stated the
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.
Power of congress to impose property
qualifications
1. View that law constitutional- a
legislature has the power to impose
qualifications upon the office holders.
2. View that law unconstitutional-
there is no rational connection between
qualifications for administering public
affairs and ownership of real property.
Qualifications prescribed by the constitution for
certain officers
President and Vice President
 Natural born citizen
 Registered voter
 Able to read and write
 At least 40 years of age on the day
of election
 Resident of the Philippines for at
least 10 years immediately preceding the
election.
Senators
 Natural born citizen
 Registered voter
 Able to read and write
 At least 35 years of age on the day
of election
 Resident of the Philippines for not
less than 2 years immediately
preceding the election.
Members of the House
 Natural born citizen
 Registered voter in the district for
 which he shall be elected except in
cases of party list, and a Resident
thereof for at least 1 year
immediately preceding the election.
 Able to read and write
 At least 25 years of age on the day of
election
Members of the Supreme Court and lower
collegiate court
 Natural born citizen
 Registered voter
 At least 40 years of age
 Must have been for 15 years or
more a judge of the lower court or engage
in the practice of law
 Of proven competence probity
integrity and independence.
Chairman and commissioners of the civil service
commissions
 composed of a Chairman and two
Commissioners
 who shall be natural-born citizens of
the Philippines and,
 at the time of their appointment, at
least thirty-five years of age,
 with proven capacity for public
administration,
 And must not have been candidates
for any elective position in the
elections immediately preceding
their appointment.
Commission on Audit
 natural-born citizens of the
Philippines
 at the time of their appointment, at
least thirty-five years of age,
 Certified Public Accountants with
not less than ten years of auditing
experience, or members of the
Philippine Bar who have been
engaged in the practice of law for at
least ten years,
 And must not have been candidates
for any elective position in the
elections immediately preceding
their appointment.
 At no time shall all Members of the
Commission belong to the same
profession.
Commission on Elections
 shall be natural-born citizens of the
Philippines
 at the time of their appointment, at
least thirty-five years of age,
 holders of a college degree,
 And must not have been candidates
for any elective positions in the
immediately preceding elections.
 A majority thereof, including the
Chairman, shall be members of the
Philippine Bar who have been
engaged in the practice of law for at
least ten years.
Commission on Human Rights
 must be natural-born citizens of the
Philippines
 A majority of whom shall be
members of the Bar.
 The term of office and other
qualifications and disabilities of the
Members of the Commission shall
be provided by law.
The Ombudsman and his Deputies
 shall be natural-born citizens of the
Philippines,
 and at the time of their
appointment, at least forty years
old,
 of recognized probity and
independence,
 and members of the Philippine Bar,
 And must not have been candidates
for any elective office in the
immediately preceding election.
 The Ombudsman must have, for ten
years or more, been a judge or
engaged in the practice of law in the
Philippines.
Qualifications prescribed by law for certain
officers
Secretaries of departments
 Citizens of the Philippines at least 25 years
of age
Presiding justice and associate justices of the court
of appeals
 Same as Supreme Court justices
Judges of the Regional Trial Court
 Natural-born citizen
 At least 35 years of age
 For at least 10 years, has been engaged in
the practice of law in the Philippines requiring
admission to the practice of law, as indispensable
requisite
Judges of the Municipal Trial Court
 Natural-born citizen
 At least 30 years of age
 For at least 5 years, has been engaged in the
practice of law in the Philippines requiring
admission to the practice of law, as indispensable
requisite
Elective Local Officials
General Applicability
 Citizen of the Philippines
  Registered voter in the barangay,
municipality, city or province or in the case
of sanggunian, the district where he intends
to be elected, resident therein foe at least 1
year immediately preceding the elections;
 Able to read and write Filipino or any
other local language or dialect.
Governor, Vice Governor, Sanggunian Panlalawigan,
Mayor, Vice Mayor or Sanggunian Panlungsod of
highly urbanized cities
 At least 23 years old on election day
Mayor, Vice Mayor of independent component
cities, component cities, or municipalities
 At least 21 years old on election day
Sanggunian Panlungsod or Sanggunian Bayan
 Atleast18 years old on election day
Punong Barangay or Sanggunian Barangay
 Atleast18 years old on election day
Sanggunian Kabataan
 Atleast15 years old, but not more than 21
years old on election day
Board of Election Inspectors
 he is of good moral character
 irreproachable reputation,
 a registered voter of the city or
municipality,
 has never been convicted of any
election offense or of any other crime
punishable by more than six months of
imprisonment or if there is a pending
information against him for any election
offense
 Able to speak and write English or the
local dialect
Disqualifications to hold public office
Under the local government code
i. Sentenced by final judgement for an
offense involving moral turpitude by 1 year
or more imprisonment within 2 years after
serving sentence
ii. Those removed from office as a
result of an administrative case
iii. Convicted by final judgement for
violating ought of allegiance to the republic
iv. Dual citizenship
v. Fugitive from justice in criminal or
non-political cases here or abroad
vi. Insanity or feeblemindedness
Appointment of elective and appointive local
officials and candidates who lost in an election
(Political Lame-Ducks)
a. No elective or appointive local
official shall 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, no elective or
appointive local official shall 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.
b. Except for losing candidates in
barangay elections, no candidate who lost
in any election shall, within one (1) year
after such election, be appointed to any
office in the Government or any
government-owned or controlled
corporations or in any of their subsidiaries."

1. By Constitution or by Law- In general,

individuals who lack any of the qualifications
prescribed by the Constitution or by law for a
public office are ineligible or disqualified from
holding such office. An appointment of an ineligible
or unqualified person is a nullity.

2. Other Causes
Mental or physical incapacity.
Misconduct or crime
Impeachment.
Removal or suspension from office.
Previous tenure of office
Consecutive terms.
Holding more than one office.
Relationship with the appointing power.
Office newly created or the emoluments of which
have been increased
Being an elective official- ineligible to be appointed
to be designated
Having been a candidate for any elective position
 CHAPTER III: ACQUISITION OF RIGHT OR TITLE OF
OFFICE
A. In General
1. Modes of Commencing official relations
The manner of selecting persons for public office is
generally by either:
a. Election
b. Appointment
2. Meaning of “Appointment”
a. It is an act of designation by the executive
officer, board, or body to whom that power has
been delegated, of the individual who is to
exercises the powers and functions of a given
office.
b. It is equivalent to “filling a vacancy” in an office.
c. It is the nomination or designation of an
individual to an office.
3. Where appointing power resides
a. Inherently belongs to the people
b. Entrusted to designated elected and appointed
public officials
4. Appointing power generally regarded as an
executive function
a. Where power exercised by executive
department
b. Where power exercised by other departments
5. Power to appoint discretionary
a. Power of court to review appointments
b. Power of Civil Service Commission to revoke
appointment
6. Power may be absolute or conditional
a. absolute ‐ where the choice of the appointing
authority is conclusive if it falls upon an eligible
person. No further consent or approval is
necessary.
b. conditional ‐ where assent or approval by some
other officer or body, such as the Commission on
Appointments, is necessary to complete the
appointment.
7. Restrictions on the power to appoint
a. Generally
Persons to be appointed to a public office should
possess the required qualifications and be selected
solely with a view to the public welfare.
b. Under the Constitution
a. “The spouse and relatives by consanguinity or
affinity within the fourth civil degree of the
President shall not, during his tenure, be appointed
as Members of the Constitutional Commissions, or
the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or
offices, including government‐owned or controlled
corporations and their subsidiaries” Art. VII, Sec. 13
b. “Two months immediately before the next
presidential elections and up to the end of his
term, a President or Acting President shall not
make appointments, except temporary
appointments to executive positions when
continued vacancies therein will prejudice public
service or endanger public safety.”
c. “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.”
d. “The Supreme Court shall have the following
powers: Appoint all officials and employees of the
Judiciary in accordance with the Civil Service Law.”
e. “The Members of the Supreme Court and judges
of the lower courts shall be appointed by the
President from a list of at least three nominees
prepared by the Judicial and Bar Council for every
vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the
appointments within ninety days from the
submission of the list.”
f. “The Constitutional Commissions shall appoint
their officials and employees in accordance with
law.”
g. The Members of the Civil Service Commission,
Commission on Elections and Commission on Audit
shall be appointed “without reappointment xxx.
Appointment to any vacancy shall be only for the
unexpired term of the predecessor. In no case shall
any Member be appointed or designated in a
temporary or acting capacity.”
h. “No candidate who has lost in any election shall,
within one year after such election, be appointed
to any office in the Government or any
Government‐owned or controlled corporations or
in any of their subsidiaries.”
i. “No elective official shall 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, no appointive official shall
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.”
j. “The officials and employees of the Office of the
Ombudsman, other than the Deputies, shall be
appointed by the Ombudsman, according to the
Civil Service Law.”
k. “The Ombudsman and his Deputies shall be
appointed by the President from a list of at least six
nominees prepared by the Judicial and Bar Council,
and from a list of three nominees for every vacancy
thereafter. Such appointments shall require no
confirmation. All vacancies shall be filled within
three months after they occur.”
c. Under existing laws
8. When Appointment deemed complete
a. Not subject to confirmation
b. Subject to confirmation
c. Approval by the Civil Service Commission
d. Effects of completed appointment
9. Acceptance of appointment
a. Not necessary to completion or validity of
appointment
b. Necessary to possession of office
10. Form of Acceptance
a. Express or when done verbally or in writing
b. Implied or when, without formal acceptance, the
appointee enters upon exercise
of the duties and functions of an office
11. Obligation of elected or appointed individual
to accept office
a. Generally not subject to compulsion
b. Obligation in the nature of a social duty
12. Necessary of written appointment
a. View that appointment should be evidenced by
writing
b. Contrary view
13. Revocation of appointment
a. Where appointment final and complete
b. Where appointee has assumed position
c. Where protestant more qualified than appointee
B. Appointments by the President
1. Power of appointment of the President
By the provision of Art. VII, Sec. 16 in the
Constitution, the President is authorized to
appoint, namely:
a. First:
● heads of executive departments
● ambassadors
● other public ministers and consuls
● officers of the armed forces from the rank of
colonel or naval captain
● other officers
i. regular members of Judicial and Bar Council
ii. chairman and commissioners of the Civil Service
Commission
iii. chairman and commissioners of the Commission
on Elections
iv. chairman and commissioners of the Commission
on Audit
v. members of the regional consultative
commission
b. Second:
● All other officers ‐ appointments are not
otherwise provided by law and to be appointed to
lower offices created by Congress
c. Third ‐ those whom the President may be
authorized by law
● heads of government‐owned or controlled
corporations
● undersecretaries
● heads of bureaus and offices
● other officials
d. Fourth: ‐ appointments the Congress by law
vests in the President alone
● other officers lower in rank
2. Confirmation of appointments by Commission
on Appointments
a. Required
● first group above
b. Unnecessary
● heads of bureaus
● certain offices under different departments
which are not called bureaus
i. Securities and Exchange Commission example
ii. Insurance Commission example
● members of Supreme Court
● judges of lower courts
● Sandiganbayan
● Tanodbayan (Ombudsman) ~ including deputies
● chairman and members of the Commission on
Human Rights Art. VII Sec. 16
3. Appointment by other officials
Congress may vest power to appoint officers
“lower in rank” to the following: Art. VII, Sec 16
a. heads of departments
b. agencies
c. commissions
d. boards
“lower in rank” does not include heads of bureaus
and offices not specifically mentioned in the
Constitution as among those to be appointed by
President who are subordinates of Cabinet
members. By law, their appointments are vested in
the President.
4. Kinds of Presidential appointments
a. as to manner in which it is made
● regular ‐ made by Congress while in session;
subject to confirmation by the Commission on
Appointments
● ad interim ‐ made while Congress is in recess
b. as to its nature
● permanent ‐ those which last until they are
lawfully terminated
● temporary or acting ‐ those which last until a
permanent appointment is issued
5. Ad interim appointments
a. These are appointments made by the President
while Congress is in recess, thus, the Commission
on Appointments may only deliberate upon such
appointments when Congress goes into session
b. The President is usually aided by the Commission
on Appointments’ advice when it comes to
appointments. In case of ad interim appointments,
however, the President acts alone and the system
of checks and balances vital to our system of
government is not in place
c. Ad interim appointments, however, are
necessary due to the existence of situations where
there is a clear and present urgency caused by an
impending obstruction or paralysis of the function
assigned to office to be filled if no immediate
appointment is made
d. An ad interim appointment is permanent in
nature and not a mere temporary or acting
appointment even if it subject to confirmation by
the Commission on appointments. However, it may
be recalled or revoked by the President before
confirmation
6. Temporary or acting appointments
a. Generally, the power to appoint vested in the
President includes temporary or acting
appointments, unless otherwise provided by law.
b. An acting appointment, being essentially
temporary or provisional in character, cannot be
validly confirmed by the Commission on
Appointments because confirmation presupposes a
valid nomination or ad interim appointment.
c. A temporary appointment ‐ an acting
appointment.
d. An unqualified person cannot be appointed even
in an acting capacity
7. Designations
Is simply the mere imposition of new or additional
duties upon an officer to be performed by him in a
special manner while he performs the function of
his permanent office.
8. Steps in the appointing process
a. Nomination ‐ It is the exclusive prerogative of
the President upon which no limitation may be
imposed by Congress, except those resulting from
the need securing the concurrence of the
Commission on Appointments and from the
exercises of the limited legislative power to
prescribe the qualifications to a given appointive
office.
b. Confirmation
● The power to confirm and reject certain
appointments belongs to Congress through the
Commission on Appointments since it is a check on
the executive.
● A confirmation cannot be reconsidered after the
President has been notified of the confirmation
and has completed the appointment by issuing a
commission the appointee even if the rules of the
confirming body provide for reconsideration
c. Issuance of Commission
● “Commission” is the written authority from a
competent source given to the officer as his
warrant for exercise of the powers and duties of
the office. It is the written evidence of the
appointment
● When a person is elected to office, his right as
established as a result of the election and does not
depend upon the issuance of a commission.
Issuance of a commission to an elected officer is
merely a ministerial act and not a part of the act of
appointment. Instead, the elected officer is entitled
to a certificate of election.
C. Appointments in the Civil Service
1. The Civil Service System
a. Scope ‐ all branches, subdivisions,
instrumentalities and agencies of the government
including GOCCs with original charter. This covers
the administrative personnel of the entire
government system, both national and local,
including the military.
b. Purpose ‐ to enable the national and local
government and all its instrumentalities and
agencies to render more efficient services to the
public by enabling them to obtain efficient
servants.
2. Classification of positions in the Civil Service
a. Career Service
● Characteristics:
i. Entrance based on merit and fitness to be
determined as far practicable by competitive
examinations or are based on highly technical
qualifications
ii. Security of tenure
iii. Opportunity for advancement to higher career
positions
● It includes:
i. Open career positions for appointments requiring
prior qualification in an appropriate examination
ii. Closed career positions which are scientific or
highly technical in nature.
iii. Positions in the Career Executive Service
iv. Career officers other than those in the Career
Service who are appointed by the President
v. Commissioned officers and enlisted men of the
Armed Forces
vi. Personnel of government‐owned and controlled
corporations whether performing governmental or
proprietary functions who do not fall under non‐
career services; and
vii. Permanent laborer, whether skilled, semi‐
skilled, or unskilled.
b. Non‐Career Service
i. Characteristics:
● Entrance bases other than those of the usual test
of merit and fitness
● Tenure which is limited to a period specified by
law or coterminous with that of the appointing
authority or subject to his pleasure or limited to
the duration of a particular project
ii. Includes:
● Elective officials and their personal or
confidential staffs.
● Department heads and other officers of cabinet
rank and their
staffs
● Chairmen and members of commissions and
boards with fixed terms of office and their staffs
● Contractual personnel
● Emergency and seasonal personnel
● Casual employees
3. Classes of positions in the career service
a. Three major levels:
● Clerical, trades, crafts, and custodial service
positions
● Professional, technical, and scientific positions
● Career Executive Service
b. Requirement of competitive examinations
● Entrance to the first two levels are through
competitive examinations
● Entrance to the third level is prescribed by the
Career Executive Service Board
● For promotion to a higher position in one or
more related occupational groups, no examination
is required within the same level. However, the
candidate for promotion must have previously
passed the examination for the level.
4. Constitutional Classification
a. Competitive ‐ Those appointments are made
according to merit and fitness as
determined by competitive examinations.
b. Non‐competitive ‐ Those appointments do not
take into account merit and fitness as determined
by competitive examinations. These include
positions which are policy‐determining, primarily
confidential, or highly technical in nature.
5. Determination of merit and fitness by
competitive examinations
General Rule : The selection of any appointee to
any government position shall be made only
according to merit and fitness to be determined, as
far as practicable, by competitive examinations to
perform duties and assumes the responsibility of
the position, without regard to any other
consideration such as sex, color, social status,
religion, or political affiliation.
6. Exemption from rule of non‐competitive
positions
a. Through policy determining, primarily
confidential and highly technical positions are
exempt from competitive examinations and still
enjoy the operation of the principle: “no office or
employee in the Civil Service shall be removed or
suspended except for cause provided by law”.
b. Whether an administrative position is primarily
confidential, policy‐determining, or highly technical
in the nature of the functions attached to the
position.
c. Policy determining position
Its occupant is vested with the power of
formulating policies for the government or any of
its agencies, subdivisions or instrumentalities.
d. Primarily confidential position
● Its occupants enjoys more than the ordinary
confidence i his aptitude of the appointing power
but bears primarily such as close intimacy which
insure freedom of intercourse without
embarrassment of freedom from misgiving of
betrayal of personal trust on confidential matters
of the State. More than ordinary is required.
● A position may be considered primarily
confidential when the President, upon
recommendation of Civil Service Commissioner,
has declared it to be.
● It is the nature of the position which finally
determines whether a position is primarily
confidential.
● Primarily confidential appointee is not subject to
removal at the pleasure of the appointing
authority. Instead, termination of such an
appointee’s official relation can be justified on the
ground of loss of confidence, which involves no
removal but merely the expiration of the term of
office.
e. Highly‐technical position ‐ Its occupant is
required to possess skills or training in the supreme
or superior degree.
7. Qualification standards in the Civil Service
1. These are the minimum requirements for a class
of positions in terms of education, training and
experience, civil service eligibility, physical fitness,
and other qualities required for successful
performance.
2. Use of Qualification Standards
● As basis for civil service examinations for
positions in the career service
● As guides in the appointment and other
personnel actions in the adjudication of protested
appointments
● In determining training needs
● As aid in the inspection and audit of the agencies
personnel work programs
8. Kinds of appointment in the career service
a. Permanent ‐ One which is issued to a person
who meets all the requirements for the position
including the appropriate eligibility prescribed.
b. Temporary or acting ‐ One which is issued to a
person who meets all the requirements for the
position to which he is being appointed except the
appropriate civil service eligibility.
9. Instances of temporary appointment
a. Where the appointee does not possess civil
service eligibility
b. Where the appointee has civil service eligibility
but different from that which is
appropriate to the position for which he was
appointed.
c. Where the appointment is made by the
President to fill an executive office
during the absence or incapacity of the incumbent
d. Where the appointee has not passed any civil
service examination
e. Where the new appointment is still subject to a
condition and compliance has not been made yet
f. Where a new incumbent has been appointed to
fill the position of a regular employee who has
been illegally suspended or dismissed.
g. Where a person is designated as an officer in
charge
h. Where the appointment is made at the pleasure
of the appointing power
10. Separation of temporary employees
Can be terminated or withdrawn at the pleasure of
the appointing power, without notice of hearing, or
a moment’s choice, and regardless of the grounds
or reasons.
11. Qualification in an appropriate examination
a. Temporary appointment of non‐eligible in the
absence of eligible
b. Appointment to a position requiring lower
eligibility
c. Issuance/revocation of certificate of eligibility
12. Approval/recall of appointments by the Civil
Service Commission
a. Appointments required to be approved:
● General Rule: The Civil Service Commission must
approve all appointments, whether original or
promotional, to positions in the civil service and
disapprove those where the appointees do not
possess the appropriate eligibility or required
qualifications.
● EXPN: Presidential appointments, members of
the Armed Forces of the Philippines, police forces,
firemen, and jail guards.
b. Right of appointee to a hearing in case of
disapproval
c. Effectivity of appointment until disapproval
d. Criterion to be employed
e. Extent of Commission’s authority
f. Attestation of appointment
g. Keeping of records of all appointments
h. Recall of appointment
i. Grounds for recall Rule VI, Sec. 20 Omnibus
Implementing Regulations of the Revised
Administrative Code :
● Non‐compliance with the procedures/criteria
provided in the agencies
Merit Promotion Plan;
● Failure to pass through the agency’s
Selection/Promotion Board;
● Violation of the existing collective bargaining
agreement between management and employees
relative to promotion; or
● Violation of other existing civil service law, rules
and regulation.
D. Vacancy
There is a vacancy when an office is empty and
without a legally qualified incumbent appointed
or elected to it with a lawful right to exercise it
powers and perform its duties.
1. Classifications
a. original – when an office is created and no one
has been appointed to fill it;
b. constructive ‐ when the incumbent has no legal
right or claim to continue in office and can be
legally replaced by another functionary;
c. accidental – when the incumbent having died,
resigned, or been removed, there
is no one in esse discharging the duties of the office
d. 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
2. Causes of vacancy
a. Death, permanent disability, removal from office
or resignation of the incumbent.
b. Abandonment, expiration of term, conviction of
a crime, impeachment conviction, acceptance of
incompatible office, creation of a new office,
reaching the age limit and recall. Failure of persons
chosen for office to accept or qualify for the office.
3. Filing of anticipated vacancies
a. Generally appointment legal – a prospective
appointment to fill an anticipated vacancy in a
public office, made by the person or body which, as
then constituted, is empowered to fill the vacancy
when it arises, is in the absence of express law
forbidding it, legal appointment, and vests title to
the office in the appointee.
b. Where appointment to take effect after
expiration of appointing power – but the
appointing power cannot forestall the rights and
prerogatives of their successors by appointing
successors to offices expiring after its power to
appoint has itself expired. It is also plain that an
appointment thus made by anticipation has no
other basis than expediency and convenience.
E. Qualifying to Office
1. Qualification
The person appointed or elected to a public office
is usually required by law, before entering upon
the performance of his duties to do some act by
which he shall signify his acceptance of the office
and his undertaking to execute the trust confided
in him.
2. Oath of office for public officers and employees
a. Oath – is an outward pledge whereby one
formally calls upon God to witness to the truth of
what he says or to the fact that he sincerely
intends to do what he says
● Constitution – Article VII Section 5
● Administrative Code of 1987
● Local Government Code
3. Necessity of oath of office
a. When the public officer has satisfied the
prerequisite of oath that his right to enter into the
position becomes plenary and complete.
b. Although the law usually requires the taking of
an oath, it is not indispensable. It is mere incident
to the office and constitutes no part of the office
itself.
c. The President, the Vice President, or the Acting
President – oath taking is mandatory
d. Unless the law expressly requires more, it is
sufficient that the oath be taken
4. Officers authorized to administer oath
a. Notaries public, members of the judiciary, clerks
of court, the Secretary of either House of the
Congress, Secretaries of departments, bureau
directors, registrars of deeds, provincial governors
and lieutenant‐governors, city mayors, and any
other officer in the service of the government
whose appointment is vested in the President.
b. Officers whose duties, as defined by law or
regulation.
5. Public officers and employees required to give
bonds
Those to whom are entrusted the collection and
custody of public money, and public ministerial
officers whose actions may affects the rights and
interests of individuals.
6. Nature of public funds
a. Indemnity – binding the officer to discharge the
duties of his office
b. Obligation binding the sureties to make good the
officer's default
c. Collateral security
7. Necessity of giving official bonds
a. Mere incident of office
b. Where time prescribed within which to give
bond
F. De Facto Officers
1. De facto doctrine
Is the principle which holds that a person who, by
the proper authority is admitted and sworn into
office is deemed to be rightfully in such office until,
by judicial declaration in a proper proceeding, he is
ousted therefrom, or his admission thereto is
declared void. Springs from the fear of the chaos
that would result from multiple and repetitious
suits challenging every action taken by every
official whose claim to office could be open to
question, and seeks to protect the public by
insuring the orderly functioning of the government
despite technical defect in title to office.
2. De facto officer is one who has the reputation of
being the officer he assumed to be and yet is not
good officer in point of law.
A person where the duties of the officer are
exercised:
a. without a known appointment or election, but
under such circumstance of reputation or
acquiescence as were calculated to induce people,
without inquiry to submit to or invoke his action,
supposing him to be the officer he assumed to be;
or
b. 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; or
c. under the color of a known election or
appointment, void because the officer was not
eligible, or because there was a want of power in
the electing or appointing body, or by reason of
some defect or irregularity in its exercise, such as
ineligibility, want of power, or defect being
unknown to the public; or
d. under color of an election or an appointment by
or pursuant to a public, unconstitutional law,
before the same is adjudged to such.
Officer is one who derives his appointment from
one having colorable authority to appoint if the
office is an appointive office, and whose
appointment is valid on its face.
3. De jure officer is one who has the lawful right to
the office in all respects, but who has either been
ousted from it, or who has never actually taken
possession of it.
4. Requirements to become officer de jure
a. He must possess the legal qualifications for the
office in question;
b. He must be lawfully chosen to such office; and
c. He must have qualified himself to perform the
duties of such office according to the mode
prescribed by the Constitution of law.
5. Usurper or intruder is one who takes possession
of the office and undertakes to act officially
without any color of right or authority, either
actual or apparent.
6. Elements of de facto officership
a. There must be a de jure office
b. There must be a color of right or general
acquiescence by the public.
c. There must be actual physical possession of the
office in good faith.
7. Liabilities of a de facto officer
a. It may be stated generally that a d e facto officer
is held the same degree of accountability for
official acts as a d e jure officer and cannot escape
liability because he has not qualified for failure to
file a bond.
b. While official acts of a d e facto officer are valid
and may be binding with regard to third persons
and the public the person so acting may be liable
for all penalties imposed by law for usurping or
unlawfully holding office, or for exercising the
functions thereof without lawful right or without
being qualified according to law.
c. It is likewise the general rule that a public officer
cannot excuse his responsibility for crimes
committed in his official capacity by asserting that
he was an officer de facto .
d. A rightful incumbent of a public office may
recover from a d e facto officer the salary received
by the latter during the time of his wrongful
tenure, even though he (the d e facto officer)
occupied the office in good faith and under the
color of title.
 CHAPTER IV: POWERS, DUTIES, AND NORMS OF
CONDUCT OFPUBLIC OFFICERS
Source of powers and authority of public office.
 People themselves.
 Public law.
Authority of public officer not presumed.
Authority of public officer and private agents
distinguished.
1. Private agents
a. Universal
b. General
c. Special
2. Public agents
a. General
b. Special/ Limited
Ascertainment of authority of public officer.
 Persons contracting with the public officer
acting under a public law, must, at their
peril, ascertain the scope of the officer's
authority, and are chargeable with notice of
the contents of the law conferring that
authority.
Scope of power of a public officer.
1. Expressly conferred upon him by the law
under which he has been appointed or
elected;
2. Expressly annexed to the office by the law
which created it or some other law referring
to it; or
3. Attached to the office as incidents to it.
Territorial limitation of authority of public
officers.
1. Limited to territory where law has effect.
2. Action at a place not authorized by law
ordinarily invalid.
Duration of authority.
1. Duration of term as provided by the law.
2. Where officer chosen to act in reference to a
particular subject.
Construction of grant of powers.
 Strict interpretation and will be construed
as conferring those powers only which are
expressly imposed or necessarily implied.
Classification of powers and duties.
From their Ministerial. — Official duty is
nature ministerial when it is absolute,
certain, and imperative involving
merely execution of a specific
duty arising from fixed and
designated facts.
Discretionary. — Discretionary or
judicial duties are such as
necessarily require the exercise of
reason in the adaptation of
means to an end, and discretion
in determining how or whether
the act shall be done or the
course pursued.
From the Mandatory. — Powers conferred
standpoint of on public officers are generally
the obligation construed as mandatory although
of the officer the language may be permissive,
to perform his where they are for the benefit of
powers and the public or individuals.
duties
Permissive. — Statutory
provisions define the time and
mode in which public officers will
discharge their duties, and those
which are obviously designed
merely to secure order,
uniformity, system, and dispatch
in public business, are generally
deemed directory.
From the Power of control. — It implies the
standpoint of power of an officer to manage,
the direct or govern, including the
relationship of power to alter or modify or set
the officer to aside what a subordinate had
his done in the performance of his
subordinates duties and to substitute his
judgment for that of the latter.
Power of supervision. —
Supervisory power is the power
of mere oversight over an inferior
body. It does not include any
restraining authority over such
body. He merely sees to it that
the rules are followed, but he
himself does not lay down such
rules, nor does he have the
discretion to modify or replace
them.
Ministerial and discretionary powers
distinguished.
1. Nature of act. — Determined by the facts of
the particular case.
 2. Exercise of discretion. — Whether the act
complained of involves policy making or
judgment.
Meaning of discretion.
Discretion - act or the liberty to decide according to
the principles of justice and one's ideas of what is
right and proper under the circumstances, without
willfulness or favor.
Exercise of discretion limited.
 The exercise of the officer's discretion is still
limited, by legal construction, to the evident
purposes of the act, and to what is known
as a sound and legal discretion, excluding all
arbitrary, capricious, inquisitorial and
oppressive proceedings.
Remedy to compel exercise of duty.
 Purely ministerial - the courts will require
specific action.
 Purely discretionary - the courts, by
mandamus, will require action only.
Delegation of discretionary powers.
 Unless the power to substitute another in
his place has been given to him, a public
officer cannot delegate his duties to
another.
Delegation of ministerial powers.
It can be delegated, except:
 Expressly prohibited.
 Expressly requires the act to be performed
by the officer in person.
Time to perform official acts.
1. Where no time stated in statute. — Must be
performed within a reasonable time.
2. Where time stated in statute. — The time
period expressed is to be construed as
directory and not mandatory, unless the
nature of the act to be performed or the
language used in the statute evidences an
intention to limit the power of the officer.
Ratification of unauthorized acts.
His acts may be ratified, except:
a. When an act which was absolutely void at
the time it was done.
b. Not merely voidable.
State is not estopped by the unauthorized or illegal
acts of its agents.
Where superior officers have authority to ratify the
acts of their inferiors, they are restricted to the
ratification of acts and contracts which they
themselves are empowered to make.
Judicial review of official acts.
1. Where act involves exercise of discretionary
power. — He is the sole and exclusive judge
of the existence of those facts.
2. Where act involves performance of purely
ministerial duty. — Any person who will
sustain personal injury by such refusal may
have a mandamus to compel its
performance.
3. Where act reviewed done without
jurisdiction. —The courts are not bound by
an officer’s interpretation of the law under
which he presumes to act.
Norms of conduct of public officials and
employees.
1. Public office is a public trust.
2. Standards of personal conduct.
a. Commitment to public interest.
b. Professionalism.
c. Justness and sincerity.
d. Political neutrality.
e. Responsiveness to the public.
f. Nationalism and patriotism.
g. Commitment to democracy.
h. Simple living.
3. Duties of the Civil Service Commission.
a. Promote observance of these standards;
and
b. Continue to research and experiment on
measures which provide positive
motivation to public officials and
employees.
System of incentives and rewards.
1. Criteria.
a. Years of service;
b. Quality and consistency of performance;
c. Obscurity of the position;
d. Level of salary;
e. Unique and exemplary quality of
achievement;
f. Risk or temptation inherent in the work;
and
g. Any similar circumstances or
consideration in favor of the particular
awardee.
2. Form of incentives and rewards.
a. Bonuses; or
b. Citations; or
c. Directorship in government-owned or –
controlled corporations; or
d. Local and foreign scholarship grants; or
e. Paid vacations; and
 f. Automatic promotion to the next higher
position suitable to his qualifications
and with commensurate salary.
3. Committee on Awards. — Composed of the
following:
a. The Ombudsman
b. Chairman of the Civil Service
Commission as Co-Chairmen
c. Chairman of the Commission on Audit
d. Two (2) government employees to be
appointed by the President as members.
Purpose:
a. Conduct a periodic, continuing review of
performance of officials and employees
in all departments, offices, and
agencies;
b. Establish a system of annual incentives
and rewards to the end that due
recognition is given to officials and
employees of outstanding merit;
c. Determine the form of rewards to be
granted;
d. Formulate and adopt its own rules to
govern the conduct of its activities.
4. Secretariat. — Provide secretariat services
to the Committee.
Duties of public officers as trustees for the public.
1. In General Duties
a. Duty to obey the law.
b. Duty to accept and continue in office.
c. Duty to accept burden of office.
d. Duty as to diligence and care.
e. Duties in choice and supervision of
subordinates.
2. Ethical duties.
a. Duty as to outside activities. rights
b. Duty where personal interest is involved.
c. Duty to act with civility.
Duty to make financial disclosure.
 To maintain public confidence in
government and in public officials and
employees,
 To avoid conflicts of interest from arising, to
deter corruption,
 To provide the citizens with information
concerning a public officer's financial
affairs.
Specific duties of public officials and employees.
1. Act promptly on letters and requests.
2. Submit annual performance reports.
3. Process documents and papers
expeditiously.
4. Act immediately on the public's personal
transactions.
5. Make documents accessible to the public.
Actions on requests and petitions.
1. General rule - shall do so immediately,
without discrimination, and in no case
beyond fifteen (15) working days from
receipt of the request or petition.
2. In case of written requests - shall act on the
same within fifteen (15) working days from
receipt thereof.
3. The department, office, or agency must
take action within a period of fifteen (15)
working days.
Processing of papers and documents.
Within a reasonable time from the preparation
thereof, in accordance with the following rules:
1. As prescribed by the law;
2. If law is silent, head of department, office,
or agency to determine reasonable time,
taking into account the:
a. Nature, simplicity or complexity of the
subject matter;
b. Completeness or inadequacy of
requirements;
c. Lack of resources caused by
circumstances beyond the control of the
department, office, or agency or official
or employee concerned;
d. Legal constraints;
e. Fault, failure or negligence of the party
concerned which renders decision or
action not possible or premature; and
f. Fortuitous events or force majeure.
Signing of any written action or decision.
 Must contain no more than three (3) initials
or signatures.
Public disclosure of statements of assets and
liabilities.
1. Statement of Assets and Liabilities and
Financial Disclosure.
a. Contents.
 real property, its improvements,
acquisition costs, assessed value and
current fair market value;
 personal property and acquisition
cost;
 all other assets such as investments,
cash on hand or in banks, stocks,
bonds, and the like;
 financial liabilities, both current and
long-term;
 all business interests and financial
connections,
b. When to file.
  within thirty (30) days after
assumption of office, statements of
which must be reckoned as of his
first day of service;
 on or before April 30, of every year
thereafter, statements of which
must be reckoned as of the end of
the preceding year;
 within thirty (30) days after
separation from the service,
statements of which must be
reckoned as of his last day in office.
c. Where to file.
 President, Vice-President, and
Constitutional Officials, with the
National Office of the Ombudsman;
 Senators and Congressmen, with the
Secretaries of the Senate and the
House of Representatives,
respectively; Justices, with the Clerk
of the Supreme Court; Judges, with
the Court of Administrator; and all
national executive officials, such as
members of the Cabinet,
Undersecretaries, and Assistant
Secretaries, including the foreign
service and heads of government-
owned or -controlled corporations
with original charters and their
subsidiaries and state colleges and
universities, with the Office of the
President;
 Regional and local officials and
employees, both appointive and
elective, including other officials and
employees of government-owned or
-controlled corporations and their
subsidiaries, with the Deputy
Ombudsman in their respective
regions;
 Officers of the armed forces from
the rank of colonel or naval captain,
with the Office of the President, and
those below said ranks, with the
Deputy Ombudsman in their
respective regions; and
 All other public officials and
employees, defined in Republic Act
No. 3019, as amended, with the Civil
Service Commission.
d. Authority in favor of Ombudsman. —
Execute, within thirty (30) days from the
date of their assumption of office, the
necessary authority in favor of the
Ombudsman to obtain from all
appropriate government agencies such
documents as may show their assets,
liabilities, net worth.
2. Identification and disclosure of relatives. —
Such relatives shall include those up to the
fourth civil degree of relationships, either of
consanguinity or affinity.
3. Accessibility of documents.
a. At reasonable hours.
b. Made available for copying after ten
(10) working days from the time they
are filed.
c. Available to the public for a period of
ten (10) years after receipt of the
statement.
4. Prohibited acts.
a. any purpose contrary to morals or
public policy; or
b. any commercial purpose other than by
news and communications media for
dissemination to the general public.
5. Authority/ responsibility of certain officials -
Authority to determine whether said
statements have been properly
accomplished:
a. In the case of Congress, the designated
committees of both Houses of Congress
subject to approval by the affirmative
vote of the majority of the particular
House concerned;
b. In the case of the Executive
Department, the heads of departments,
offices, and agencies insofar as their
respective departments, offices and
agencies are concerned subject to
approval of the Secretary of Justice;
c. In the case of the Judicial Department,
the Chief Justice of the Supreme Court;
and
d. In case of the Constitutional
Commissions and other Constitutional
Offices, the respective Chairman and
members thereof; in the case of the
Office of the Ombudsman, the
Ombudsman.
6. Review and compliance procedures.
7. Basis in monitoring income and lifestyle of
government officials and employees. —
Sworn Statement of Assets and Liabilities
(SSAL).
Transparency of transactions and access to
information.
1. Ensure transparency of public transactions.
2. Provide official information, except if:
a. must be kept secret in the interest of
national defense or security or the
conduct of foreign affairs;
b. would put the life and safety of an
individual in imminent danger;
 c. falls within the concepts of established
privilege or recognized exceptions as
may be provided by law;
d. information, record, or document
comprises drafts of decisions, orders,
rulings, policy-decisions, memoranda,
etc.;
e. would disclose information of a
personal nature where disclosure would
constitute a clearly unwarranted
invasion of personal privacy;
f. would disclose investigatory records
compiled for law enforcement purposes
that will cause partial adjudication; or
g. premature disclosure that will endanger
the stability of financial institution.
3. Establish information systems. — for the
purpose of informing the public of such
policies, programs, and accomplishments,
and not to build the public image of any
official or employee or advance his own
personal interest.

Reforms on public administrative systems.

1. Conduct value development programs.
2. Conduct professional, etc. programs.
3. Conduct studies and analyses of work
systems.
4. Develop and make available a service guide.
5. Consult the public for feedbacks and
suggestions.
6. Conduct research and experimentation.
7. Designate a resident Ombudsman.
8. Consult and dialogue with staff.
CHAPTER V: RIGHTS AND PRIVILEDGES OF PUBLIC OFFICERS

A. IN GENERAL
Rights incident to public office

Rights as a citizen

a. Protection from publication commenting on his fitness and the like

b. Engaging in certain political and business activities

B. RIGHT TO COMPENSATION
Power of Congress to fix compensation

a. Power primarily but not exclusively legislative in character

b. Power may be delegated subject to statutory limitations

Compensation, not an element of public office

Forms of compensation defined and distinguished

A. Compensation

means pay for doing all that may be required whether it is in the form of a fixed salary or
wages, per diems, fees, commissions, or perquisites of whatever character.

it is distinguished from honorarium, as honorarium is given not as a matter of obligation

but in appreciation for services rendered; a voluntary donation in consideration of services
which admit of no compensation in money.

B. Salary

is the personal compensation to be paid to the public officer for his services, it is generally
a fixed annual or periodical payment depending on the time and not the amount of service.

It is distinguished from wages, as wages is given to officers of lesser rank and paid per day
or week.

C. Per diem

is merely one forms of compensation granted to public officers which is fixed, not as
ordinarily by the year or by the month but by the day.

is a daily allowance given for each day an officer or employee of government is away from
her home base. It is intended to cover the cost of lodging and subsistence of officers and
employees when the latter are on duty outside of their permanent station.

Could rightfully be considered a compensation or remuneration attached to an office.

 not deemed to be a salary within the Constitutional provision that no change in the
compensation of officers shall affect the salary of any officer during his existing term.

D. Emoluments

refers to the profits arising from the office, and that which is received as compensation
for services or which is annexed to the office as salary, fees or perquisites.

Includes fees and compensation as the incumbent of the office is, by law, entitled to
receive.

Allowances are included in the term “emoluments” (i.e., representation and

transportation, housing, etc.)

Basis of right to compensation

1. Creation of law
2. Services rendered
3. Compensation fixed by law
4. Legal title to office
5. Amount of compensation
6. Ex oficio position

Recovery of compensation

1. From the government

a. De jure officer cannot recover that which has been paid to a de facto officer unless the
government continues to pay even after having received notice of an adjudication in favor
of the de jure.

b. In cases where there is no de jure officer, a de facto officer is legally entitled to the
emoluments of the office if he is:

1. In good faith
2. Has possession of the office
3. Has discharge of the duties of said office

2. From the de facto officer

a. After the notice of adjudication in favor of the de jure officer, the de facto officer is not
entitled to keep what has been paid for services rendered.
b. Also, where the tenure of the de facto was wrongful, the salary received by such may be
recovered.

3. From the intruder or usurper

o An intruder or usurper has no right to the salary or emoluments of the office. He becomes
liable to the de jure officer in an action for money he had received.

Salary not subject to garnishment

Garnishment
is a kind of attachment for reaching credits belonging to the judgment debtor owing to
him from a stranger to litigation.

o The salary of a public officer may not be subject of garnishment, attachment, or order of
execution, nor be seized before being paid to him, and appropriated for the payment of his
debts for the following reasons:

1. While the money is still in the hands of the disbursing officer, it belongs to the
Government;

2. Public policy forbids such practice since it would be fatal to the public service;

3. The garnishment or attachment of an officer’s salary is tantamount to a suit against the

State in its own court, which is
prohibited except with its consent.

Agreements affecting compensation

a. Compensation is given not only for remuneration of services but also to enable the
incumbent to give due attention to his official duties and to perform them better.

o Any agreement respecting such compensation is invalid as against public policy if it tends
to pervert such compensation to purpose other than that for what it was intended. This rule
specifically refers to unperformed services and the salaries attached thereto and to those
already performed which the officer can validly disburse as he may see fit.

b. The following agreements are invalid:

1. Agreement to accept, or acceptance of less or other than legal compensation

2. Sale, assignment, or barter of said compensation
3. Dividing compensation with others if it amounts to an anticipatory agreement

Prohibition against diminution of salary

a. Congress has absolute power to fix or alter the compensation of public officers, except as
provided by the Constitution.

b. The Constitution prohibits Congress from reducing the salary of the following
constitutional officers during their term or tenure in order to secure their independence:
1. President and Vice-President
2. Chief Justice, Associate Justices of the Supreme Court, and judges of lower courts
3. Chairmen and members of the Constitutional Commissions
4. Ombudsman and his Deputies

Prohibition against receiving additional, double, or indirect compensation

“No elective or appointive public officer or employee shall receive additional, double, or
indirect compensation, unless specifically authorized by law, nor accept without the consent
of the 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.” (Constitution, Article IX-B, Section 8)

The prohibition does not apply in the following cases:

1. The law, in certain instances, specifically authorizes payment where it appears just and
necessary
2. Additional compensation is received not from government or any of its entities
3. In case of double appointments where there are 2 distinct offices, the public officer may
draw the salary attached to the 2nd position only when law specifically authorizes him.
Free voluntary service to the government

Free voluntary service

refers to services rendered by persons who are in government without pay or
compensation.

1. Requirements for free voluntary service

a. Issuance of an appointment document

b. Fitness and suitability for the duties and responsibilities of the particular position
c. Compliance with the rule on nepotism

2. Functions or services that volunteers can perform:

a. Advisory
b. Consultancy or counseling
c. Recommendatory
d. Professional services
e. Staff work such as planning or research
f. Humanitarian

3. Applicable laws and rules

o The Code of Conduct and Ethical Standards for Public Officials and Employees (Republic
Act no. 6713) and the Implementing Rules on:
a. Rewards and incentives
b. Norms of conduct and ethical standards
c. Duties and obligations of public officers and employees
d. Prohibitions and sanctions
enumerated in the Implementing Rules
e. Civil and criminal liability

4. Exemptions

o Those who render free voluntary service are exempted from the following:

a. Filing of statements of assets and liabilities and net worth, and financial disclosures
b. Requirement of divestment
c. Eligibility requirements
d. Security of tenure

5. Prohibitions

o Unless otherwise provided in the terms of their designations, volunteers are prohibited
from:

a. Exercising supervisory functions over personnel

b. Exercising functions of positions involving national security
c. Having access to confidential or classified information unless authorized by proper
authorities
d. Occupying regular plantilla positions
e. Having such services credited as government service and availing themselves of
retirement benefits
f. Using facilities and resources of the office for partisan political purposes
g. Receiving any pecuniary benefit such as honoraria, allowances, and other perquisites of
office.

C. OTHER RIGHTS
1. Rights under the Constitution

a. Right to self-organization
b. The right to protection of temporary employees
c. Freedom of members of Congress from arrest and from being questioned
d. The right not to be removed or suspended except for cause provided by law

2. Participation in prohibited activity or mass action

“Prohibited concerted activity or mass action”

refers to any collective activity undertaken by government employees either by
themselves or through their employees’ organizations, with the intent of effecting work
stoppage or service disruption in order to realize their demands or force concessions,
economic or otherwise, from their respective agencies or the government.

3. Rights under the Civil Service Decree and the new Administrative Code

a. The right to preference in promotion

b. The right to present complaints and grievances
c. The right not to be suspended or dismissed except for cause as provided by law and after
due process
d. Right to organize

NEXT-IN-RANK RULE

4. Personnel actions

refers to any action denoting movement or progress of personnel in the civil service
which must be in accordance with the rules or standards promulgated by the Civil Service .

o Personnel actions include the following:

1. Appointment through certification

2. Promotion
It is the advancement from one position to another with an increase in duties and
responsibilities as authorized by law and usually accompanied by an increase in pay.

3. Transfer
It is the movement from one position to another of equivalent rank, level, or salary
without break in service involving issuance of appointment.

4. Reinstatement

It means restoration to a state or condition from which one has been removed or
separated.

5. Reemployment

6. Detail

It is the movement of an employee from one department or agency to another without

the issuance of appointment and shall be allowed only for a limited period in case of
employees occupying professional, technical, and scientific positions.

7. Reassignment

8. Demotion
 It is the movement from one position to another involving the issuance of an
appointment with diminution in duties, responsibilities, status, grade or rank which may or
may not involve reduction in salary.

5. Rights under the Revised Government Service Insurance Act

o Covered employees are entitled to the following benefits:

1. Retirement benefits
2. Separation benefits
3. Unemployment or involuntary separation benefits
4. Disability benefits
5. Survivorship benefits
6. Funeral benefits
7. Life insurance benefits

6. Pension

are regular allowances paid to an individual or group of individuals by the government in

consideration of services rendered, or in recognition of merit, civil or military

Pension and gratuity distinguished

o Gratuity is a donation and act of pure liberality on the part of the State.

7. Retirement

as a withdrawal from office public station, business, occupation, or public duty.

8. Right to reimbursement and indemnity

9. Right to reinstatement and back salary

o Reinstatement

Is the restoration to a state or condition from which one had been removed or separated.
o Back Salary

Is a form of relief that restores the income that was lost by reason of unlawful dismissal.

10. Rights to property, devices and inventions

11. Right to recover reward for performance of duty