UST Golden Notes - Law On Public Officers

UST GOLDEN NOTES 2011
I.LAWONPUBLICOFFICERS covered by the Presidents power of

reorganization under the Administrative Code
a.GENERALPRINCIPLES and the Presidents power of control. The OSG
likewise contends that Congress has delegated
Q:Definepublicoffice. to the President the power to create public
offices by virtue of P.D. 1416, as amended by
A:Itistheright,authority,anddutycreatedand P.D.1772.
conferred by law, by which for a given period,
eitherfixedbylaworenduringatthepleasureof Does the creation of the PTC fall within the
thecreatingpower,anindividualisinvestedwith ambitofthepowertoreorganizeasexpressedin
some portion of the sovereign functions of the Section31oftheRevisedAdministrativeCode?
government, to be exercised by him for the
benefit of the public (Fernandez v. Sto. Tomas, A: No. The provision refers to reduction of
G.R.No.116418,Mar.7,1995). personnel, consolidation of offices, or abolition
thereof by reason of economy or redundancy of
Q:Howarepublicofficescreated? functions.Thesepointtosituationswhereabody
oranofficeisalreadyexistentbutamodification
A:By: or alteration thereof has to be effected. The
1. TheConstitution creationofanofficeisnowherementioned,much
2. Validstatutoryenactments less envisioned in said provision. To say that the
3. Authority of law (Secretary of PTCisborneoutofarestructuringoftheOfficeof
Department of Transportation and the President under Section 31 is a misplaced
Communications v. Mabalot, G.R. No. supposition, even in the plainest meaning
138200,Feb.27,2002) attributable to the term restructurean
alterationofanexistingstructure.Evidently,the
Q:Whataretheelementsofapublicoffice? PTCwasnotpartofthestructureoftheOfficeof
thePresidentpriortotheenactmentofExecutive
A:PILAC Order No. 1. (Biraogo v. Philippine Truth
1. CreatedbyConstitutionorbylaworby Commissionof 2010,G.R.No. 192935,December
somebody or agency to which the 7,2010)
power to create the office has been
delegated; Q: Is the creation of the PTC justified by the
2. Invested with Authority to exercise Presidentspowerofcontrol.
someportionofthesovereignpowerof
theState A:No,controlisessentiallythepowertoalteror
3. Thepowersconferredandthedutiesto modifyornullifyorsetasidewhatasubordinate
be discharged must be defined directly officerhaddoneintheperformanceofhisduties
or impliedly by the Legislature or andtosubstitutethejudgmentoftheformerwith
throughlegislativeauthority; thatofthelatter.Clearly,thepowerofcontrolis
4. Duties are performed Independently entirelydifferentfromthepowertocreatepublic
without control unless those of a offices. The former is inherent in the Executive,
subordinate. while the latter finds basis from either a valid
5. ContinuingandPermanent delegationfromCongress,orhisinherentdutyto
(Fernandez v. Sto. Tomas, G.R. No. faithfully execute the laws. (Biraogo v. Philippine
116418, Mar. 7, 1995; Tejada v. Truth Commission of 2010, G.R. No. 192935,
Domingo,G.R.No.91860,Jan.13,1992) December7,2010)

Q: President Benigno Aquino III issue Executive Q:CanP.D.1416beusedasjustificationforthe
Order No. 1 creating the Philippine Truth Presidents power to create public offices,
Commission(PTC).Thelegalityofthecreationof particularlythePTC?
thePTCwasassailedbeforetheSupremeCourt.
ThepetitionerscontendthatthePTCisapublic A: No, said decree is already stale, anachronistic
office and thus the president is without andinoperable.P.D.No.1416wasadelegationto
authority to create it. It was further contended then President Marcos of the authority to
thatthecreationofapublicofficelieswithinthe reorganize the administrative structure of the
province of the legislature. The Office of the national government including the power to
Solicitor General (OSG) countered that the create offices and transfer appropriations
creation of a factfinding body like the PTC is pursuant to one of the purposes of the decree
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POLITICALLAWTEAM:
ADVISER:ATTY.EDWINREYSANDOVAL;SUBJECTHEAD:RACHELMARIEL.FELICES;ASST.SUBJECTHEADS:WIVINOE.BRACEROII&
HERAZEUSCHRISTINEY.UY;MEMBERS :LAWRENCEPAULOH.AQUINO,LEANDRORODELV.ATIENZA,MARINETHEASTERAND.AYOS,
CARLOR.BALA,WILFREDOT.BONILLA,JR.,KEELACHERNARR.DINOY,APRILV.ENRILE,KENNETHJAMESCARLOC.HIZON,JOSEMARIA
G.MENDOZA,ROGERCHRISTOPHERR.REYES,ROMILINDAC.SIBAL,JASMINM.SISON,ZARAHPATRICIAT.SUAREZ,RALPHJULIOUSL.
VILLAMOR.
LAW ON PUBLIC OFFICERS
embodiesinitslastWhereasclause:WHEREAS, subjectofacontract.
thetransitiontowardstheparliamentaryformof 3. Itisnotavestedright.
government will necessitate flexibility in the 4. Itcannotbeinherited.
organizationofthenationalgovernment. (Sec. 1, Art. XI, Constitution; Santos v.
SecretaryofLabor,G.R.No.L21624,Feb
Clearly,asitwasonlyforthepurposeofproviding 27,1968)
manageability and resiliency during the interim,
P.D. No. 1416, as amended by P.D. No. 1772, Q. What is the principle of "public office is a
becamefunctusoficioupontheconveningofthe publictrust?"
FirstCongress,asexpresslyprovidedinSection6,
ArticleXVIIIofthe1987Constitution.(Biraogo v. A:Itmeansthattheofficerholdsthepublicoffice
Philippine Truth Commission of 2010, G.R. No. in trust for the benefit of the peopleto whom
192935,December7,2010) suchofficersarerequiredtobeaccountableatall
times, and to serve with utmost responsibility,
Q: What then could be the justification for the loyalty, and efficiency, act with patriotism and
PresidentscreationofthePTC? justice, and lead modest lives. (Sec. 1, Art. XI,
Constitution)
A: The creation of the PTC finds justification
under Section 17, Article VII of the Constitution, Q:Whatdoestheconcept"publicofficeisnota
imposing upon the President the duty to ensure propertymean?
that the laws are faithfully executed. The
Presidentspowertoconductinvestigationstoaid A:Itmeansnoofficercanacquirevestedrightin
himinensuringthefaithfulexecutionoflawsin theholdingofapublicoffice,norcanhisrightto
this case, fundamental laws on public hold the office be transmitted to his heirs upon
accountability and transparency is inherent in hisdeath.Nevertheless,therighttoholdapublic
the Presidents powers as the Chief Executive. office is a protected rightsecured by due
That the authority of the President to conduct process and the provision of Constitution on
investigations and to create bodies to execute security of tenure. (Santos v. Secretary of Labor,
this power is not explicitly mentioned in the G.R.No.L21624,Feb27,1968)
Constitutionorinstatutesdoesnotmeanthathe
isbereftofsuchauthority. Q: What are the classifications of government
employment?
TheExecutiveisgivenmuchleewayinensuring
thatourlawsarefaithfullyexecuted.Thepowers A:
of the President are not limited to those specific 1. CareerService
powers under the Constitution. One of the 2. NoncareerService
recognized powers of the President granted
pursuanttothisconstitutionallymandateddutyis Q:Whatareincludedinthecareerservice?
the power to create ad hoc committees. This
flows from the obvious need to ascertain facts A:
and determine if the laws have been faithfully 1. Open career positions for appointment
executed. It should be stressed that the purpose to which prior qualifications in an
ofallowingadhocinvestigatingbodiestoexistis appropriateexaminationisrequired
to allow an inquiry into matters which the 2. Closed career positions which are
President is entitled to know so that he can be scientificorhighlytechnicalinnature
properly advised and guided in the performance 3. PositionsintheCareerexecutiveservice
of his duties relative to the execution and 4. Career officers other than those in the
enforcement of the laws of the land. (Biraogo v. career executive service, who are
Philippine Truth Commission of 2010, G.R. No. appointedbythePresident
192935,December7,2010) 5. Commissioned officers and enlisted
menoftheArmedForces
Q: What are the characteristics of a public 6. Personnel of GOCCs, whether
office? performing governmental or
proprietary functions, who do not fall
A: underthenoncareerservice;and
1. Itisapublictrust. 7. Permanent laborers, whether skilled,
2. It is not a property and is outside the semiskilled, or unskilled (Sec. 5, P.D.
commerce of man. It cannot be the No.807).
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ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
V ICECHAIRFORADMINISTRATIONANDFINANCE:JEANELLEC.LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ

Q. What are the distinctions between career required, for the position and thus
serviceandnoncareerservice? enjoyssecurityoftenure.

A: 2. TemporaryExtendedtoapersonwho
CAREERSERVICE NONCAREERSERVICE may not possess the requisite
qualifications or eligibility and is
Entrance based on revocable at will without necessity of
meritsandfitnessexcept Entrance other than just cause or investigation. However, if
positionswhichare based on the merit and theappointmentisforaspecificperiod,
1. primarily confidential, fitness. the appointment may not be revoked
2.highlytechnicaland untiltheexpirationoftheterm.
3.Policydetermining.
Note: Temporary appointmentsshall notexceed12
Determined by Determine not by months.Acquisitionofcivilserviceeligibilitywillnot
competitiveexamination competitive automatically convert the temporary appointment
examination into a permanent one (Prov. Of Camarines Sur v.
CourtofAppeals,G.R.No.104639,July14,1995).
Opportunity for

advancement to higher Nosuchopportunity
3.Regularappointmentonemadebythe
careerposition
President while the Congress is in
session, takes effect only after
Tenure is limited to a confirmation by the CA, and once
There is security of period specified by law,
approved, continues until the end of
tenure coterminous with the
thetermoftheappointee.
appointing authority or
subject to his pleasure,

or which is limited to 4. Ad interim appointment one made by
the duration of a the President while Congress is not in
particular purpose session, takes effect immediately, but
(Jocomv.Regalado,G.R. ceasestobevalidifdisapprovedbythe
No. 77373, Aug. 22, CA or upon the next adjournment of
1991). Congress.

Q: What is the nature of an "acting
appointment" to a government office? Does
b.MODESOFACQUIRINGTITLETOPUBLIC such an appointment give the appointee the
OFFICE righttoclaimthattheappointmentwill,intime,
ripenintoapermanentone?Explain.
Q: What are the modes of filling up public
offices? A:AccordingtoSevillav.CA,G.R.No.88498,June
9, 1992, an acting appointment is merely
A:Publicofficesarefilledupeitherby: temporary. As held in Marohombsar v. Alonto,
1. Appointment G.R. No. 93711, Feb. 25, 1991, a temporary
2. Election appointment cannot become a permanent
3. In some instances by contract or by appointment,unlessanewappointmentwhichis
some other modes authorized by law. permanent is made. This holds true unless the
(Preclaro v. Sandiganbayan, G.R. No. acting appointment was made because of a
111091,Aug.21,1995) temporaryvacancy.Insuchacase,thetemporary
appointee holds office until the assumption of
officebythepermanentappointee.
c.MODESANDKINDSOFAPPOINTMENT
Q:Whatisaprovisionalappointment?
Q:Whataretheclassificationsofappointments?
A: It is one which may be issued, upon the prior
A: authorization of the Commissioner of the Civil
1. PermanentExtendedtoapersonwho Service Commission, to a person who has not
meets all the requirements for the qualified in an appropriate examination but who
positiontowhichheisbeingappointed, otherwise meets the requirements for
including the appropriate eligibility appointment to a regular position in the
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POLITICALLAWTEAM:
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competitive service, whenever a vacancy occurs position without violating the Constitutional
andthefillingthereofisnecessaryintheinterest provision prohibiting an officer whose term has
oftheserviceandthereisnoappropriateregister expired from being reappointed (Matibag v.
ofeligiblesatthetimeofappointment.(Jimenea Benipayo,G.R.No.130657,Apr.1,2002).
v.Guanzon,G.R.No.L24795,Jan.29,1968)
Q: What is the rationale behind ad interim

Q: Can the President submit to the Commission
appointments?
on Appointments an appointment for
confirmationwhenitdoesnotneedtheconsent
ofthesame? A: Ad interim appointments are intended to
preventahiatusinthedischargeofofficialduties.
A: No. The Constitution made an exclusive Obviously,thepublicofficewouldbeimmobilized
enumeration of the appointments that are to be totheprejudiceofthepeopleifthePresidenthad
approvedbytheCA.Onlyinthefirstsentenceof
to wait for Congress and the Commission of
Sec.16Art.VIIdoesconsentoftheCAisneeded
fortheappointmentsmadebythePresident. Appointmentstoreconvenebeforehecouldfilla
vacancy occurring during the recess. (Guevara v
Q: When is an appointment in the civil service Inocentes,G.R.No.L25577,Mar.15,1966)
permanent?
Q: Differentiate regular from ad interim
A:UnderSection25(a)oftheCivilServiceDecree, appointments?
an appointment in the civil service is permanent

when issued to a person who meets all the
requirementsforthepositiontowhichheisbeing A:
appointed, including the appropriate eligibility REGULAR ADINTERIM
prescribed, in accordance with the provisions of MadewhenCongressis MadewhenCongressis
law, rules and standards promulgated in insession inrecess
pursuancethereof. Madeonlyafterthe
Madebeforesuch
nominationisconfirmed
Q: What is the nature of an ad interim confirmation
byCA
appointment? Shallceasetobevalidif
Continuesuntilthe
disapprovedbyCA.(Sec.
A: Ad interim appointment is a permanent expirationoftheterm
16,Art.VII,Constitution)
appointment. It is permanent because it takes
effect immediately and can no longer be Q: Distinguish between an "appointment in an
withdrawn by the President once the appointee acting capacity" extended by a Department
qualified into office. The fact that it is subject to Secretary from an ad interim appointment
confirmation by the CA does not alter its extendedbythePresident.

permanentcharacter.(Matibag v.Benipayo,G.R.
A:Anappointmentinanactingcapacityextended
No.130657,Apr.1,2002). byaDepartmentSecretaryisnotpermanentbut
temporary.Hence,theDepartmentSecretarymay
Adinterimappointmentsarepermanentuntil: terminate the services of the appointee at any
1. DisapprovedbytheCA;or time.
2. Next adjournment of the Congress,
either in regular or special session On the other hand, an ad interim appointment
(inactionbytheCA). extended by the President is an appointment
which is subject to confirmation by the
Note: Being a permanent appointment, an ad Commission on Appointments and was made
interimappointeependingactionbytheCommission duringtherecessofCongress.AsheldinSummers
on Appointments enjoys security of tenure. v.Ozaeta (G.R. No.L1534,Oct.24,1948),anad
interimappointmentispermanent.
(Marombhosar v. CA, G.R. No. 126481, Feb. 18,

2000)
Q: Distinguish between a provisional and a
temporaryappointment.
Anadinterimappointee,whosetermhadexpiredby
virtue of inaction by the Commission on
Appointments, may be reappointed to the same
121

A: A: Where an appointment requires the approval
TEMPORARY PROVISIONAL oftheCSC,suchappointmentmayberevokedor
APPOINTMENT APPOINTMENT withdrawn by the appointing authority anytime
Issued to a person to a before the approval by the CSC. After an
Issued prior to
positionneededonlyfora appointmentiscompleted,theCSChasthepower
authorizationofCSC
limitedperiod torecallanappointmentinitiallyapprovedonany
Not to exceed 6 Regular position in the ofthefollowinggrounds:
months/no definite meantime that no 1. Noncompliance with
tenure and is dependent suitable eligible does procedures/criteria in merit
on the pleasure of the not qualify for the promotionplan;
appointingpower position
2. Failure to pass through the selection
Has not qualified in an
board;
appropriate
Meets all requirements 3. Violation of existing collective relative
examination but
for position except civil agreementtopromotion;
otherwise meets
serviceeligibility 4. Violation of CSC laws, rules and
requirements for
appointments regulations(Debulgadov.CSC, G.R.No.
111471,Sept.26,1994)
Note: Provisional appointments in general have
alreadybeenabolishedbyR.A.No.6040.However,it Q:Distinguishtermfromtenure.
stillapplieswithregardtoteachersundertheMagna
CartaforPublicSchoolTeachers. A:
TERM TENURE
Concepts on appointments are discussed under the Fixedanddefiniteperiod
Periodduringwhichthe
ChapteronExecutiveDepartment. oftimewhichthelaw
incumbentactually
prescribesthatanofficer
holdstheoffice.
Q: Can the CSC revoke an appointment by the mayholdanoffice.
appointingpoweranddirecttheappointmentof
anindividualofitschoice? Q:Whatarethethree(3)kindsofterms?

A: No. The CSC cannot dictate to the appointing A:
powerwhomtoappoint.Itsfunctionislimitedto 1. Termfixedbylaw
determiningwhetherornottheappointeemeets 2. Termdependentongoodbehavioruntil
the minimum qualification requirements reachingretirementage
prescribed for the position. Otherwise, it would 3. Indefiniteterm,whichterminatesatthe
be encroaching upon the discretion of the pleasure of the appointing authority.
appointing power. (Medalla v. Sto. Tomas, G.R. (Borres v. Court of Appeals, G.R. No. L
94255,May5,1992) 36845, Aug. 21, 198; Ruben E. Agpalo,
Administrative Law, Law on Public
Q: What is the concept of protest to Officers and Election Law, 2005 ed., p.
appointment? 304)

A: Any person who feels aggrieved by the Q:Whatistheconceptofholdover?
appointment may file an administrative protest
against such appointment. Protests are decided A: In the absence of an express or implied
in the first instance by the Department Head, constitutional or statutory provision to the
subjecttoappealtotheCSC. contrary,anofficerisentitledtoholdofficeuntil
his successor is elected or appointed and has
Theprotestmustbeforacause(i.e.appointeeis qualified. (Lecaroz v. Sandiganbayan, G.R. No.
notqualified;appointeewasnotthenextinrank; 130872,Mar.25,1999)
unsatisfactory reasons given by the appointing
authorityinmakingthequestionedappointment).
The mere fact that the protestant has the more d.ELIGIBILITYANDQUALIFICATION
impressiveresumeisnotacauseforopposingan REQUIREMENTS
appointment(Aquinov.CSC,G.R.No.92403,April
22,1992). Q:Whataretherequirementsforpublicoffice?

Q: What is the concept of revocation and A:
recallofappointment? 1. Eligibility It is the state or quality of
122
POLITICALLAWTEAM:
VILLAMOR.
being legally fit or qualified to be 2. Participate in any business, or be

chosen. financially interested in any contract
with or in any franchise, or special
2. Qualification This refers to the act privilegegrantedbytheGovernment,or
which a person, before entering upon any subdivision, agency or
theperformanceofhisduties,isbylaw instrumentality thereof, including
required to do such as the taking, and GOCCs, or its subdivisions; shall avoid
often, subscribing and filing of an conflict of interest in the conduct of
official oath, and, in some cases, the theiroffice
giving of an official bond. It may refer
to: C. Members of the Constitutional Commission
shallnot:
a. Endowments, qualities or 1. Holdanyotherofficeoremploymentor
attributes which make an engageinthepracticeofanyprofession
individual eligible for public office, orintheactivemanagementorcontrol
(e.g.citizenship);or ofanybusinesswhichinanywaymaybe
b. The act of entering into the affectedbythefunctionsofhisoffice;
performance of the functions of a 2. Be financially interested, directly or
public office, (i.e. taking oath of indirectly,inanycontractwith,orinany
office). franchise,orspecialprivilegegrantedby
the Government, or any subdivision,
Note:Thesequalificationsmustbepossessedatthe agencies or instrumentalities including
time of the appointment or election and GOCCs,ortheirsubsidiaries.Theseshall
continuously for as long as the official relationship also apply to the Ombudsman and his
continues(Aguilav.Genato,G.RNo.L55151,Mar.
deputiesduringhisterm.
17,1981).

Q: What is the rule against the appointment of
membersoftheofficialfamilyofthePresident?
e.DISABILITIESANDINHIBITIONSOFPUBLIC

OFFICERS
A: The spousesand relatives by consanguinity or
th
affinitywithinthe4 civildegreeofthePresident
Q: State the prohibitions imposed under the shall not be appointed as members of the
1987 Constitution against the holding of 2 or Constitutional Commissions, Office of the
morepositions. Ombudsman,orasSecretaries,Undersecretaries,
chairmenorheadsofbureausoroffices,including
A: GOCCs and their subsidiaries during his tenure.
A.MembersofCongressshallnot: (Sec.13,Art.VII,Constitution)
1. Appear as counsel before any court,
electoral tribunal, or quasijudicial and Q:Asanexceptiontotheruleagainstholding2
otheradministrativebodies; or more positions, which public officers are
2. Shall not be interested in any contract allowed by the Constitution to hold other
with, or in any franchise, or special positionsintheGovernment?
privilegegrantedbytheGovernment,or
any subdivision, agency or A: The VicePresident being appointed as a
instrumentality thereof, including memberoftheCabinetunderSection3,par.(2),
GOCCs,oritssubsidiary; Article VII; or acting as President in those
3. Shallnotinterveneinanymatterbefore instancesprovidedunderSection7,pars.(2)and
any office of the Government for his (3),ArticleVII;and,theSecretaryofJusticebeing
pecuniary benefit or where he may be exofficiomemberoftheJudicialandBarCouncil
called upon to act on account of his by virtue of Section 8 (1), Article VIII. Thus, the
office Supreme Court held in Civil Liberties Union v
ExecutiveSecretary(194SCRA317),thatwhileall
B.ThePresident,VicePresident,Membersofthe other appointive officials in the Civil Service are
Cabinet,andtheirdeputiesorassistants,unless allowedtoholdotherofficeoremploymentinthe
otherwise allowed by the Constitution, shall government during their tenure when such is
not: allowed by law or by the primary functions of
1. Directly or indirectly practice any other their positions, members of the Cabinet, their
profession;
123

deputies and assistants may do so only when issues and mention the names of the candidates
expresslyauthorizedbytheConstitutionitself. theysupport.

Q: What are the other prohibitions imposed on Q: What kind of public officers may engage in
publicofficers? partisanpoliticalactivities?

A: A:
1. Prohibition against solicitation of gifts 1. Those holding political offices, such as
(Sec.7(d),R.A.No.6713) the President of the Philippines; Vice
2. Prohibition against partisan political President of the Philippines; Executive
activities (Sec. 2(4), Art. IX(B), Secretary/Department Secretaries and
Constitution) otherMembersoftheCabinet;Allother
3. Prohibition against engaging in strike elective officials at all levels; and those
(SocialSecuritySystemEmployeesAssn. inthepersonalandconfidentialstaffof
v.CA,G.RNo.85279,Jul28,1989). theaboveofficials.However,itshallbe
4. Restriction against engaging in the unlawful for them to solicit
practiceoflaw(Sec.90,R.A.No.7160) contributions from their subordinates
5. Prohibition against practice of other or subject them to any of the acts
professions(Sec.90,R.A.No.7160) involvingsubordinatesprohibitedinthe
6. Restriction against engaging in private ElectionCode.
business (Abeto v. Garces, A.M. No. P
88269,Dec.29,1995) 2. National, provincial, city and municipal
7. Restriction against accepting certain electiveofficials.(AlejoSantosv.Yatco,
employment(Sec.7(b),R.A.No.6713) G.R.No.L16133,Nov.6,1959)

Q: What kind of gifts or grants may public Q: Describe the extent of the right to self
officersacceptfromforeigngovernments? organizationofemployeesinthepublicservice?

A: A: While the Constitution recognizes the right of
1. Gifts of nominal value received a s publicemployeestoorganize,theyareprohibited
souvenirormarkofcourtesy; from staging strikes, demonstrations, mass
2. Scholarship or fellowship grant or leaves,walkoutsandotherformsofmassaction
medicaltreatment; whichmayresulttotemporarycessationofwork
3. Travel grants or expenses for travel ordisturbanceofpublicservice.Theirrighttoself
outside the Philippines (Sec. 7(d), R.A. organization is limited only to form unions or to
No.6713) associate without including the right to strike.
Labor unions in the government may bargain for
Q:Whatismeantbypartisanpoliticalactivity? better terms and conditions of employment by
either petitioning the Congress for better terms
A:Itisanactdesignedtopromotetheelectionor and conditions, or negotiating with the
defeat of a particular candidate/s to a public appropriate government agencies for the
office. It is also known as electioneering (Sec. improvement of those not fixed by law. (SSS
79,OmnibusElectionCode). Employees Assn. v. CA, G.R No. 85279, Jul
28,1989)
Q: Can appointive officials engage in partisan
politicalactivities? Q: Does the election or appointment of an
attorney to a government office disqualify him
A: No. Officers or employees in the Civil Service fromengagingintheprivatepracticeoflaw?
including members of the Armed Forces cannot
engageinsuchactivityexcepttovote.Theyshall A:Asageneralrule,judges,otherofficialsofthe
not use their official authority or influence to superior courts, of the office of the Solicitor
coercethepoliticalactivityofanyperson(Sec.55, General and of other Government prosecution
Subtitle A, Title I, Book V, 1987 Administrative offices; the President; VicePresident, and
Code). members of the cabinet and their deputies or
assistants; members of constitutional
Note:OfficersandemployeesintheCivilServicecan commissions; and civil service officers or
nonetheless express their views on current political employees whose duties and responsibilities
requirethattheirentiretimebeatthedisposalof
124
POLITICALLAWTEAM:
VILLAMOR.
the government are strictly prohibited from 3. Doctors of medicine may practice their
engagingintheprivatepracticeoflaw.(RubenE. profession even during official hours of
Agpalo,LegalEthics,6th1997ed.,pp.42et.seq.) work in cases of emergency provided
that they do not derive monetary
Q:Isalawyermemberwhoisalsoamemberof compensationtherefrom.
the Legislature absolutely prohibited from
engagingtheprivatepracticeoflaw? Q: Can public officers engage in a private
business?
A:No.He isonlyprohibitedfromappearingas
counselbeforeanycourtofjusticeorbeforethe A: Yes, provided that a written permission is
Electoral Tribunals, or quasijudicial and other grantedbytheheadofthedepartmentoragency,
administrative bodies. The word appearance providedfurtherthatthetimedevotedoutsideof
includes not only arguing a case before any such officehoursisfixedbythechiefoftheagencyto
body but also filing a pleading on behalf of a the end that it will not impair his duties and
client such as filing a motion, plea or answer. efficiency as a public officer. However if the
Neither is his name allowed to appear in such private business does not appear to have any
pleadingsbyitselforaspartofafirmnameunder conflict of interest or any influence to his public
thesignatureofanotherqualifiedlawyer.(Ruben duties, no permission is necessary but he is
E. Agpalo, Administrative Law, Law on Public prohibited to take part in the management or
OfficersandElectionLaw,2005ed.,p.410) become an officer or member of the board of
directors. (Abeto v. Garces, A.M. No. P88269,
Q: Under the Local Government Code, can the Dec.29,1995)
members of Sanggunian engage in the practice
oflaw? Q: What are the prohibitions under RA 6713 or
CodeofConductandEthicalStandardsforPublic
A:GR:Yes. OfficialsandEmployees?

XPNs: A: Prohibition against financial and material
1. Cannot appear as counsel in any civil interestDirectlyorindirectlyhavinganyfinancial
case where in a local government unit or material interest in any transaction requiring
oranyoffice,agencyorinstrumentality theapprovaloftheiroffice.
oftheGovt.istheadverseparty;
2. Cannot appear as counsel in any Prohibition against outside employment and
criminal case wherein an officer or otheractivitiesrelatedthereto
employeeofthenationalorlocalGovt.
is accused of an offense committed in 1. Owning, controlling, managing or
relationtohisoffice; accepting employment as officer,
3. Shall not collect any fee for their employee, consultant, counsel, broker,
appearance in administrative agent,trusteeornomineeinanyprivate
proceeding involving the LGU of which enterprise regulated, supervised or
heisanofficial;and licensedbytheiroffice.
4. Maynotusepropertyandpersonnelof 2. Engagingintheprivatepracticeoftheir
the Govt., except when defending the profession
interestoftheGovt. 3. Recommending any person to any
position in any private enterprise
Q: Under the LocalGovernment Code, whatare whichhasaregularorpendingofficial
the prohibitions against the practice of other transaction with their office. These
professions? prohibitionsshallcontinuetoapplyfor
aperiodofone yearafterresignation,
A: retirement, or separation from public
1. Local Chief Executives (governors, city office, except in the case of
and municipal mayors) are prohibited subparagraph (b) (2) above, but the
frompracticingtheirprofession professional concerned cannot
2. Sanggunianmembersmaypracticetheir practice his profession in connection
profession, engage in any occupation, with any matter before the office he
or teach in schools except during usedtobewith,inwhichcasetheone
sessionhours yearprohibitionshalllikewiseapply.

125

f.POWERSANDDUTIESOFPUBLICOFFICERS 5. To owe the State and the Constitution
allegianceatalltimes.
Q: What powers may be exercised by public
officers?
g.RIGHTSOFPUBLICOFFICCERS
A:
1. Expressly conferred upon him by the Q: What are the rights and privileges of public
Actappointinghim; officers?
2. Expresslyannexedtotheofficebylaw;
3. Attached to the office by common law A:
asincidentstoit. 1. Righttooffice
2. Righttocompensation/salary
Q: What is the Doctrine of Necessary 3. Righttoappointments
Implication? 4. Righttovacationandsickleave
5. Righttomaternityleave
A:Allpowersnecessaryfortheeffectiveexercise 6. Righttoretirementpay
of the express powers are deemed impliedly 7. Righttolongevitypay
granted.(Pimentelv.COMELEC,G.R.No.L53581, 8. Righttopension
Dec.19,1980) 9. Righttoselforganization
10. Right to protection of temporary
Q:Isthereanyprotectionintheexerciseofthis employees.
power?
Q: Is the suspended public official entitled to
A: Yes. A public officer has some measures of paymentofsalary?
immunity and he would not incur liabilities
provided he does an act within the scope of his A: Yes. A public official is not entitled to any
authorityandingoodfaith.(Sandersv.Veridiano compensationifhehasnotrenderedanyservice
II,G.R.No.L46930,Jun10,1988) andthejustificationforthepaymentofthesalary
duringtheperiodofsuspensionifthatsuspension
Q: What are the kinds of duties of public was unjustified or that the official was innocent.
officers? Toentitletopaymentofsalaryduringsuspension,
there must be reinstatement or exoneration.
A: (ReyesvHernandez,G.R.No.47346,8April1941)
MINISTERIAL DISCRETIONARY
Publicofficermaydo Q: Can the de jure officer recover the salary
Dischargeisimperative whicheverwayhewants receivedbythedefactoofficer?
anditmustbedoneby provideditisin
thepublicofficer accordancewithlawand A: Yes. As a rule, the rightful incumbent of the
notwhimsical public office may recover from a de facto officer
Cannotbecompelledby thesalariesreceivedbythelatterduringthetime
Canbecompelledby mandamusexceptwhen of the latter's wrongful tenure even though he
mandamus thereisgraveabuseof enteredintotheofficeingoodfaithandundera
discretion
colorable title. The de facto officer takes the
Cannotbedelegated
salariesathisrisksandmustthereforeaccountto
Canbedelegated unlessotherwise
the de jure officer for the amounts he received.
providedbylaw
However, where there is no de jure officer, a de

facto officer shall be entitled to the salaries and
Q:Whatarethedutiesofpublicofficers?
emolumentsaccruingduringtheperiodwhenhe
A:
actually discharged the duties. (Monroy v. CA,
1. Tobeaccountabletothepeople;
G.R.No.L23258,Jul1,1967)
2. To serve the people with utmost

responsibility,integrity,andefficiency;
Q:Canpublicofficialsavailoftheservicesofthe
3. To act with patriotism and justice and
SolicitorGeneral?
toleadmodestlives;

4. To submit a declaration under oath of
A: If the public official is sued for damages
his assets, liabilities, and net worth
arising out of a felony for his own account, the
uponassumptionofofficeandasoften
State is not liable and the SolGen is not
thereafterasmayberequiredbylaw;
authorized to represent him therefore. The
126
POLITICALLAWTEAM:
VILLAMOR.
SolGen may only do so in suits for damages A:Thisdoctrineprovidesthatasuperiorofficeris

arising not from a crime but from the liable for the acts of his subordinate in the
performance of a public officers duties. (Vital followinginstances:
Gozonv.CourtofAppeals,G.RNo.101428,Aug. 1. He negligently or willfully employs or
5,1992) retains unfit or incompetent
subordinates;
2. He negligently or willfully fails to
h.LIABILITIESOFPUBLICOFFICERS require his subordinates to conform to
prescribedregulations;
1.PreventiveSuspensionandBackSalaries

3. He negligently or carelessly oversees
2.IllegalDismissal,ReinstatementandBack thebusinessoftheofficeastogivehis
Salaries subordinates the opportunity for

default;
Q: State the threefold responsibility/liability of 4. He directed, cooperated, or authorized
publicofficers. thewrongfulact;
A: 5. The law expressly makes him liable.
1. Criminalliability (Sec.3839, Chap. 9, Book I, E.O. No.
2. Civilliability 292,AdministrativeCodeof1987)
3. Administrativeliability
Q: What are the grounds for the discipline of
Q:Arepublicofficersliableforinjuriessustained publicofficers?
byanotherintheperformanceofhisofficialacts
donewithinthescopeofhisauthority? A:
1. Dishonesty
A: 2. Oppression
GR:No. 3. Neglectofduty
4. Misconduct
XPNs: 5. Disgracefulandimmoralconduct
1. Otherwiseprovidedbylaw; 6. Discourtesy in the course of official
2. Statutory liability under the Civil Code duties
(Articles27,32,&34); 7. Inefficiency and incompetence in the
3. Presence of bad faith, malice, or performanceofofficialduties
negligence; 8. Conviction of a crime involving moral
4. Liability on contracts entered into in turpitude
excessorwithoutauthority; 9. Beingnotoriouslyundesirable
5. Liability on tort if the public officer 10. Falsificationofofficialdocuments
actedbeyondthelimitsofauthorityand 11. Habitualdrunkenness
there is bad faith (United States of 12. Gambling
Americav.Reyes,G.R.No.79253,Mar. 13. Refusal to perform official duty or
1,1993). renderovertimeservice
14. Physical or mental incapacity due to
Q:Whataretheliabilitiesofministerialofficers? immoralorvicioushabits
15. Willful refusal to pay just debts or
A: willfulfailuretopaytaxes
1. Nonfeasance Neglect to perform an
actwhichistheofficer'slegalobligation Q:Whatistheconceptofsecurityoftenure?
toperform.
2.MisfeasanceThefailuretoobservethe A:Itmeansthatnoofficeroremployeeinthecivil
proper degree of care, skill, and service shall be suspended or dismissed except
diligence required in the performance foracauseprovidedbylawandafterdueprocess
ofofficialduty;and orafterheshallhavebeengiventheopportunity
3. Malfeasance Performance of an act todefendhimself.
which the officer had no legal right to
perform. Note:Onceanappointmentisissuedandcompleted
andtheappointeeassumestheposition,heacquires
Q: What is the doctrine of Command a legal right, not merely an equitable right to the
position.(Lumiguedv.Exevea,G.R.No.117565,Nov.
Responsibility?
18,1997)
127

Regardless of the characterization of the position ii.
Sec. 63: 60 or 90 days for
held by a government employee covered by civil electiveofficials
service rules, be it career or non career position, c. OmbudsmanAct6months
such employee may not be removed without just
cause (Jocom v. Regalado, G.R. No. 77373,Aug. 22, 2. For criminal cases: AntiGraft and
1991). CorruptPracticesAct(R.A.3019)
90daysbyanalogy
Acceptance of a temporary appointment or

assignment without reservation or upon ones own
Q.Whatarethedistinctionsbetweenpreventive
volition is deemed waiver of security of tenure
(Palmera v. Civil Service Commission, G.R. No.
suspension pending investigation and pending
110168,Aug.4,1994). appeal?

Q:Whatisthenatureofpreventivesuspension? A:
PENDING
PENDINGINVESTIGATION
A:Preventivesuspensionisnotapenaltybyitself; APPEAL
it is merely a measure of precaution so that the Notapenaltybutonlya
employeewhoischargedmaybeseparatedfrom meansofenablingthe
the scene of his alleged misfeasance while the Punitiveincharacter
disciplinaryauthorityan
same is being investigated, to prevent him from unhamperedinvestigation
using his position or office to influence
prospectivewitnessesortamperwiththerecords Afterthelapseof90days, Ifexonerated,heshould
thelawprovidesthathe bereinstatedwithfull
whichmaybevitalintheprosecutionofthecase
beautomatically payfortheperiodof
againsthim.(Bejav.CA,G.R.No.91749,Mar.31,
reinstated suspension
1992)
Ifduringtheappealhe
Itcanbeorderedevenwithoutahearingbecause remainssuspendedand
this is only preliminary step in an administrative thepenaltyimposedis
Duringsuchpreventive
investigation.(Alonzov.Capulong,etal.,G.R.No. onlyreprimand,the
suspension,theemployee
110590,May10,1995) suspensionpending
isnotentitledtopayment
appealbecomesillegal
ofsalaries
Thelifespanofpreventivesuspensionislimitedto andheisentitledtoback
salarycorrespondingto
90 days after which the respondent must be
theperiodofsuspension
automatically reinstated provided that when the
delayisduetothefault,negligenceorpetitionof
therespondent,suchperiodofdelayshallnotbe Q: Is a public officer entitled to back wages
counted.(Sec.42,P.D.No.807) during his suspension pending appeal when the
resultofthedecisionfromsuchappealdoesnot
Note:Whenapublicofficerischargedwithviolation amount to complete exoneration but carries
of the AntiGraft and Corrupt Practices Act or R. A withitacertainnumberofdaysofsuspension?
No.3019,apresuspensionhearingisrequiredsolely
todeterminetheapplicabilityofsuchlawandforthe A: No. Although entitled to reinstatement, he is
accusedbegivenafairandadequateopportunityto not entitled to back wages during such
challenge the validity of the criminal proceedings suspension pending appeal. Only one who is
against him. This may be done through various completelyexonerated,ormerelyreprimandedis
pleadings.(Torresv.Garchitorena,G.R.No.153666, entitled to such back wages. (Sec. of Education,
Dec.27,2002) etc.v.CA.G.R.No.128559,Oct.4,2000)

Q: What are the periods for preventive
Q:Whatisadisciplinaryaction?
suspension? Under what law are they

imposable?
A:Itisaproceedingwhichseekstheimpositionof

disciplinary sanction against, or the dismissal or
A:
suspension of, a public officer or employee on
1. Foradministrativecases:
any of the grounds prescribed by law after due
a. CivilServiceLaw90days
hearing. (Ruben E. Agpalo, Administrative Law,
b. Local Government Code (R.A.
LawonPublicOfficersandElectionLaw,2005ed.,
7160)
p416)
i. Sec.85:60daysforappointive

officials
128
POLITICALLAWTEAM:
VILLAMOR.
Q. Are decisions in a disciplinary action A: As a general rule, the question of whether

appealable? petitioner should be reappointed to his former
position is a matter of discretion of the
A: appointing authority, but under the
GR: Decisions are initially appealable to the circumstances of this case, if the petitioner had
departmentheadsandthentotheCSC. been unfairly deprived of what is rightfully his,
thediscretionisqualifiedbytherequirementsof
XPNs:Decisionsinadisciplinaryactionwhich: giving justice to the petitioner. It is no longer a
1. exoneratetherespondent;or matterofdiscretiononthepartoftheappointing
2. impose upon him the penalty of power,butdiscretiontemperedwithfairnessand
suspension for not more than 30 days justice. (Sabello v. DECS, G.R. No. 87687, Dec. 26
or a fine in an amount not exceeding 1989)
thirtydayssalaryorreprimandarefinal
andunappealable. Q: Does executive clemency carry with it
paymentofbackwages?
Note: Only the respondent in the administrative
disciplinarycase,notthecomplainant,canappealto A:No.Adismissedofficerwhohasbeengranted
theCSCfromanadversedecision.Thecomplainant executive clemency and who has been re
in an administrative disciplinary case is only a employedisnotentitledtobackwages.Letterof
witness,andassuch,thelattercannotbeconsidered Instruction 647 provides that employees who
as an aggrieved party entitled to appeal from an were not recommended for reinstatement but
adverse decision. (Mendez v. Civil Service are qualified to reenter the government service
Commission,G.R.No.95575,Dec.23,1991)
are granted executive clemency for purpose of
reemploymentsubjecttoCivilServiceRulesand
Q. Is appeal available in administrative
ifrecommendedbytheirrespectivedepartment
disciplinarycases?
heads. Reemployment is different from
reinstatement.Reemploymentimpliesthatone
A:Itdependsonthepenaltyimposed:
is hired anew, which does not carry with it
payment of backwages. (Echeche v. Court of

1. Appealisavailableifthepenaltyis:
Appeals,G.R.No.89865,June27,1991)
a. Demotion

b. Dismissal,or
c. Suspension for more than 30 days
orfineequivalenttomorethan30 i.IMMUNITYOFPUBLICOFFICERS
day salary (P.D. 807, Sec.37 par
[a]). Q:WhatisImmunity?

2. Appealisnotavailableifthepenaltyis: A: An exemption that a person or entity enjoys
a. Suspension for not more than 30 from the normal operation of the law such as a
days legaldutyorliability,eithercriminalorcivil.
b. Finenotmorethan30daysalary
c. Censure Q:Arepublicofficersimmunefromliabilities?
d. Reprimand
e. Admonition A: It is well settled as a general rule that public
officersofthegovernment,intheperformanceof
Note:Inthesecondcase,thedecisionbecomesfinal their public functions, are not liable to third
andexecutorybyexpressprovisionoflaw. persons, either for the misfeasances or positive
wrongs, or for the nonfeasances, negligences, or
Q:PetitionerMJ,anElementarySchoolPrincipal, omissions of duty of their official subordinates.
wasfoundguiltytohaveviolatedR.A.3019.His (McCarthyvs.Aldanese,G.R.No.L19715,March
conviction was based merely on technical error 5,1923)
and for which he was granted absolute pardon
by the President. With this, he applied for Q:Whatisthebasisforthisimmunity?
reinstatement to his former office, only to be
reinstated to the wrong position of a mere A: The immunity of public officers from liability
classroom teacher. Can he be reinstated to his forthenonfeasances,negligenceoromissionsof
formeroffice?Explain. duty of their official subordinates and even for
thelattersmisfeasancesorpositivewrongsrests
uponobviousconsiderationsofpublicpolicy,the
129

necessities of the public service and the 2. Age
perplexities and embarrassments of a contrary 3. Residence
doctrine. (Alberto V. Reyes, Wilfredo B. Domo 4. Education
Ong and Herminio C. Principio vs Rural Bank of 5. Suffrage
SanMiguel(Bulacan),INC.,G.R.No.154499,Feb. 6. Civilserviceexamination
27,2004) 7. Abilitytoreadandwrite
8. Political affiliation as a rule, it is not a
Q:Whenisthisdoctrineapplicable? qualification
XPN: in PartyList, Membership in
A: This doctrine is applicable only whenever a theElectoralTribunal,Commission
public officer is in the performance of his public onappointment
functions. On the other hand, this doctrine does
not apply whenever a public officer acts outside Q: When does the right of the public officer to
thescopeofhispublicfunctions. enterinofficeperfected?

A:Uponhisoathofoffice,itisdeemedperfected.
j.PUBLICOFFICERS Only when the public officer has satisfied this
prerequisite can his right to enter into the
Q: What are the classifications of a public position be considered complete. Until then, he
officer? has none at all, and for as long as he has not
qualified, the holdover officer is the rightful
A:Apublicofficermaybe: occupant. (Lecaroz v. Sandiganbayan, G.R. No.
1. Constitutionalorstatutory 130872,Mar.25,1999)
2. Nationalorlocal
3. Legislative,executive,orjudicial Q: What are the grounds for disqualification to
4. Lucrativeorhonorary holdoffice?
5. Discretionaryorministerial A:
6. Appointiveorelective 1. Mentalorphysicalincapacity
7. Civilormilitary 2. Misconductorcommissionofacrime
8. Dejureordefacto 3. Impeachment
4. Removalorsuspensionfromoffice
Q:Whataretheelementsofapublicoffice? 5. Previoustenureofoffice
6. Consecutive terms exceeding the
A: allowablenumberofterms
1. Createdbylaworbyauthorityoflaw 7. Holdingmorethanoneoffice(exceptex
2. Possessadelegationofaportionofthe officio)
sovereignpowersofgovernment,tobe 8. Relationshipwiththeappointingpower
exercisedforthebenefitofthepublic (nepotism)
3. Powers conferred and duties imposed 9. Office newly created or the
must be defined, directly or impliedly, emoluments of which have been
by the legislature or by legislative increased(forbiddenoffice)
authority 10. Beinganelectiveofficial(FloresvDrilon,
4. Duties must be performed G.R.No.104732,June22,1993)
independently and without the control 11. Losingcandidateintheelectionwithin1
ofasuperiorpowerotherthanthelaw, year following the date of election
unless they be those of an inferior or (prohibitions form office not
subordinate office created or employment);and
authorized by the legislature, and by it 12. Grounds provided for under the local
placed under the general control of a governmentcode.
superiorofficeorbody;and
5. Must have permanence of continuity.
[Outline on Political Law, Nachura, 1.DeFactoOfficers
(2006)]
Q:Whatistheconceptofadejureofficer?
Q: What are the formal requirements of public
officers? A: A de jure Officer is one who is in all respects
A: legally appointed or elected and qualified to
1. Citizenship exercisetheoffice.
130
POLITICALLAWTEAM:
VILLAMOR.
Q:Whoisadefactoofficer? A:
1. The lawful acts, so far as the rights of
A: A de facto officer is one who assumed office thirdpersonsareconcernedare,ifdone
under the color of a known appointment or within the scope and by the apparent
election but which appointment or election is authorityoftheoffice,consideredvalid
voidforreasonsthattheofficerwasnoteligible, andbinding
or that there was want of power in the electing
body, or that there was some other defect or 2. Thedefactoofficercannotbenefitfrom
irregularity in its exercise, wherein such his own status because public policy
ineligibility, want of power, or defect being demands that unlawful assumption of
unknowntothepublic. publicofficebediscouraged

Note: A de facto officer is entitled to emoluments Note: The general rule is that a de facto
foractualservicesrendered,andhecannotbemade officer cannot claim salary and other
to reimburse funds disbursed during his term of compensations for services rendered by
officebecausehisactsarevalidasthoseofadejure himassuch.
officer.
However, the officer may retain salaries
Q:Whataretheelementsofadefactoofficer? collected by him for services rendered in
goodfaithwhenthereisnodejureofficer
A: claimingtheoffice.
1. Without a known appointment or
election, but under such circumstances 3. The de facto officer is subject to the
of reputation or acquiescence as were same liabilities imposed on the de jure
calculated to induce people, without officerinthedischargeofofficialduties,
inquiry, to submit to or invoke his inadditiontowhateverspecialdamages
action, supposing him to the be the may be due from him because of his
officerheassumedtobe;or unlawfulassumptionofoffice

2. Under color of a known and valid Q:Howisachallengetoadefactoofficermade?
appointmentorelection,butwherethe
officer has failed to conform to some A:
precedent requirement or condition 1. Theincumbencymaynotbechallenged
(e.g.,takinganoathorgivingabond); collaterallyorinanactiontowhichthe
defactoofficerisnotaparty
3. Under color of a known election or 2. Thechallengemustbemadeinadirect
appointment,voidbecause: proceedingwheretitletotheofficewill
a. Theofficerwasnoteligible betheprincipalissue
b. Therewasawantofpowerin 3. The authorized proceeding is quo
the electing or appointing warrantoeitherbytheSolicitorGeneral
body in the name of the Republic or by any
c. There was a defect or personclaimingtitletotheoffice
irregularity in its exercise;
such ineligibility, want of Q:Differentiateadejureofficerfromadefacto
power, or defect being officer.
unknowntothepublic
A:
4. Under color of an election or an DEJUREOFFICER DEFACTOOFFICER
appointmentbyorpursuanttoapublic, Has possession and
unconstitutionallaw,beforethesameis performsthedutiesundera
Has lawful title to
colorabletitlewithoutbeing
adjudgedtobesuch. theoffice
technically qualified in all

pointsoflawtoact
Note: Here, what is unconstitutional is not the act
Holding of office Holding of office rests on
creatingtheoffice,buttheactbywhichtheofficeris
restsonright reputation
appointed to an office legally existing. (Norton v.
CountyofShelby,118U.S.425) Officer cannot be
Officer may be ousted in a
removed through a
direct proceeding against
direct proceeding
Q: What are the effects of the acts of de facto him
(quowarranto)
officers?
131

Q:Whatarethedifferencesbetweenadefacto he received. Asa de facto officer, he is
officerandamereusurper? entitled to the salaries and allowances
becauseherenderedservicesduringhis
A: incumbency.
DEFACTOOFFICER USURPER
3. The bills which BART alone authored
Takes possession of an and were approved by the House of
Complies with the 4
office and does official Representatives are valid because he
elements of a de jure
acts without any actual was a de facto officer during his
officer
orapparentauthority
incumbency. The acts of a de facto
Has color of right or title Hasneithercolorofright officer are valid insofar as the public is
tooffice ortitletooffice concerned. (People v. Garcia, G.R. No.
126252,Aug.30,1999)
Actsarerenderedvalidas

tothepublicuntilhistitle Actsareabsolutelyvoid
isadjudgedinsufficient
2.TerminationofOfficialRelation
Entitled to compensation Not entitled to
forservicesrendered compensation Q: What are the modes of terminating official
relationships?
Q: AVE ran for Congressman of QU province. A:
However, his opponent, BART, was the one 1. Expirationoftermortenure
proclaimedasthewinnerbytheCOMELEC.AVE 2. Reachingtheagelimitforretirement
filedseasonablyaprotestbeforeHRET(Houseof 3. Resignation
Representatives Electoral Tribunal). After two 4. Recall
years, HRET reversed the COMELECs decision 5. Removal
and AVE was proclaimed finally as the duly 6. Abandonment
elected Congressman. Thus, he had only one 7. Acceptanceofanincompatibleoffice
yeartoserveinCongress. 8. Abolitionofoffice
9. Prescriptionoftherighttooffice
1. Can AVE collect salaries and 10. Impeachment
allowances from the government for 11. Death
the first two years of his term as 12. Failuretoassumeoffice
Congressman? 13. Convictionofacrime
2. ShouldBARTrefundtothegovernment 14. Filingforacertificateofcandidacy
the salaries and allowances he had
receivedasCongressman? Q.Whatisthetermofofficeofanelectedlocal
3. WhatwillhappentothebillsthatBART official?
aloneauthoredandwereapprovedby
theHouseofRepresentativeswhilehe A: Three (3) years starting from noon of June 30
was seated as Congressman? Reason following the election or such date as may be
andexplainbriefly. providedbylaw,exceptthatofelectivebarangay
officials, for maximum of 3 consecutive terms in
A: sameposition(Section43,LGC).
1. AVE cannot collect salaries and
allowances from the government for The term of office of Barangay and Sangguniang
thefirsttwoyearsofhisterm,because Kabataan elective officials, by virtue of R.A. No.
in the meanwhile BART collected the 9164,isthree(3)years.
salariesandallowances.BARTwasade
factoofficerwhilehewasinpossession Q:WhatisthetermlimitofBarangayofficials?
oftheoffice.ToallowAVEtocollectthe
salaries and allowances will result in A: The term of office of barangay officials was
making the government pay a second fixed at three years under R.A. No. 9164 (19
time. (Mechem, A Treatise on the Law March 2002). Further, Sec.43 (b) provides that
of Public Offices and Public Officers, "nolocalelectiveofficialshallserveformorethan
[1890]pp.222223.) three(3)consecutivetermsinthesameposition.
TheCourtinterpretedthissectionreferringtoall
2. BART is not required to refund to the local elective officials without exclusions or
governmentthesalariesandallowances
132
POLITICALLAWTEAM:
VILLAMOR.
exceptions. (COMELEC v. Cruz, G.R. No. 186616, cannot be considered to have completed one
19Nov.2009) term.Hisresignationconstitutesaninterruption
ofthefullterm.
Q: What are the policies embodied in the
constitutional provision barring elective local Q: Suppose B is elected Mayor and, during his
officials,withtheexceptionofbarangayofficials, firstterm,heistwicesuspendedformisconduct
from serving more than three consecutive foratotalof1year.Ifheistwicereelectedafter
terms? that, can he run for one more term in the next
election?
A: To prevent the establishment of political
dynasties is not the only policy embodied in the A:Yes,becausehehasservedonlytwofullterms
constitutional provision in question (barring successively.
elective local officials, with the exception of
barangay officials, from serving more than three Inbothcases,themayorisentitledtorunforre
consecutive terms). The other policy is that of election because the two conditions for the
enhancing the freedom of choice of the people. applicationofthedisqualificationprovisionshave
To consider, therefore, only stay in office not concurred, namely, (1) that the local official
regardlessofhowtheofficialconcernedcameto concerned has been elected three consecutive
thatofficewhetherbyelectionorbysuccession times and (2) that he has fully served three
byoperationof lawwouldbe todisregardone consecutive terms. In the first case, even if the
ofthepurposesoftheconstitutionalprovisionin local official is considered to have served three
question.(Borja,Jr.v.COMELEC,G.R.No.133495, full terms notwithstanding his resignation before
Sept.3,1998) theendofthefirstterm,thefactremainsthathe
hasnotbeenelectedthreetimes.Inthesecond
Q:UnderSection8,ArticleXoftheConstitution, case, the local official has been elected three
"Thetermofofficeofelectivelocalofficialsshall consecutive times, but he has not fully served
bethreeyearsandnosuchofficialshallservefor three consecutive terms. (Borja, Jr. V. COMELEC,
morethanthreeconsecutiveterms."Howisthis G.R.No.133495September3,1998)
term limit for elective local officials to be
interpreted? Q: The case of Vice Mayor C who becomes
mayor by succession involves a total failure of
A: The term limit for elective local officials must thetwoconditionstoconcurforthepurposeof
betakentorefertotherighttobeelectedaswell applying Art. X, Sec. 8. Suppose he is twice
astherighttoserveinthesameelectiveposition. elected after that term, is he qualified to run
Consequently, it is not enough that an individual againinthenextelection?
hasservedthreeconsecutivetermsinanelective
localoffice,hemustalsohavebeenelectedtothe A:Yes,becausehewasnotelectedtotheoffice
same position for the same number of times of mayor in the first term but simply found
beforethedisqualificationcanapply.(Borja,Jr.v. himselfthrustintoitbyoperationoflaw.Neither
COMELEC,G.R.No.133495,Sept.3,1998) had he served the full term because he only
continued the service, interrupted by the death,
Q. Suppose A is a vicemayor who becomes of the deceased mayor. (Borja, Jr. v. COMELEC,
mayorbyreasonofthedeathoftheincumbent. G.R.No.133495,Sept.3,1998)
Six months before the next election, he resigns
andistwiceelectedthereafter.Canherunagain Q: X occupied the position of mayor of
formayorinthenextelection? Mabalacatforthefollowingperiods:1July1995
to 30 June 1998, 1 July 1998 to 30 June 2001,1
A: Yes, because although he has already first July2001to30June2004,and1July2004to16
served as mayor by successionand subsequently May 2007. However, the SC ruled in a previous
resignedfromofficebeforethefulltermexpired, case that X was not the duly elected mayor for
he has not actually served three full terms in all the 20042007 term.Eventually, X also won the
forthepurposeofapplyingthetermlimit.Under elections and assumed the mayoralty position
Art.X,Sec.8,voluntaryrenunciationoftheoffice for the 20072010 term. Y filed a petition to
is not considered as an interruption in the disqualify X as mayor on the ground that Xs
continuity of his service for the full term only if assumption of the mayoralty position on 1 July
thetermisoneforwhichhewaselected.Since 2007makesthe20072010termhisfifthtermin
A is only completing the service of the term for office,whichviolatesthethreetermlimitrule.Is
which the deceased and not he was elected, A Ycorrect?
133

90 days in relation with a criminal case he then
A: No. For purposes of determining the resulting faced. The Court, however, subsequently lifted
disqualification brought about by the threeterm the suspension order; hence he resumed
limit, it is not enough that an individual has performing his functions and finished his term.
served three consecutive terms in an elective HefiledhisCertificateofCandidacyforthesame
localoffice,hemustalsohavebeenelectedtothe position.SAsoughttodenyduecoursetoWA's
same position for the same number of times. COConthegroundthathehadbeenelectedand
Thereshouldbeaconcurrenceoftwoconditions he served for three terms. Does preventive
fortheapplicationofthedisqualification:(1)that suspension of an elected local official an
theofficialconcernedhasbeenelectedforthree interruptionofthethreetermlimitrule?
consecutive terms in the same local government
post and (2) that he has fully served three A: No. The intent of the threeterm limit rule
consecutiveterms. demands that preventive suspension should not
be considered an interruption that allows an
Xcannotbedeemedtohaveservedthefullterm elective official's stay in office beyond three
of 20042007 because he was ordered to vacate terms.Apreventivesuspensioncannotsimplybe
his post before the expiration of the term. Xs a term interruption because the suspended
occupancyofthepositionofmayorofMabalacat officialcontinuestostayintheofficealthoughhe
from 1 July 2004 to 16 May 2007 cannot be is barred from exercising his functions and
countedasatermforpurposesofcomputingthe prerogatives of the office within the suspension
threetermlimit.Indeed,theperiodfrom17May period. The best indicator of the suspended
2007 to 30 June 2007 served as a gap for official's continuity in office is the absence of a
purposes of the threeterm limit rule. Thus, the permanentreplacementandthelackofauthority
present 1 July 2007 to 30 June 2010 term is toappointonesincenovacancyexists.(Aldovino
effectivelyXsfirsttermforpurposesofthethree v.COMELEC,G.R.No.184836,Dec.23,2009)
term limit rule. (Dizon v. COMELEC G.R. No.
182088,Jan.30,2009) Q:Whatisresignation?

Q: NB, an elected Punong Barangay, ran for A: It is the act of giving up or declining a public
Municipal Councilor while serving his last term office and renouncing the further right to use
asthePB.Hewonandlaterassumedofficeand suchoffice.Itmustbeinwritingandacceptedby
served the full term of the Sanggunian Bayan. theacceptingauthorityasprovidedforbylaw.
AfterservinghistermasMunicipalCouncilor,he
filed his Certificate of Candidacy for PB. His Q:Whatistheagelimitforretirement?
opponentfiledaPetitionforDisqualificationon
thegroundthehehadalreadyservedthethree A:
term limit. Does the assumption of office of NB 1. Formembersofthejudiciary70y.o.
asMunicipalCouncilorconsideredasavoluntary 2. Gov'tofficersandemployees65y.o.
renunciation of the Office of PB so that he is 3. Optional retirement must have
deemedtohavefullyservedhisthirdtermasPB renderedatleast20serviceyears
warranting his disqualification from running for
thepositionofPB? Q: Who are the accepting authorities for
resignation?
A:Yes.NBwasservinghisthirdtermasPBwhen
he ran for SB member and, upon winning, A:
assumed the position of SB member, thus, 1. For appointed officers the tender of
voluntarilyrelinquishinghisofficeasPBwhichthe resignation must be given to the
Court deems a voluntary renunciation of said appointingauthority.
office. Under Sec.8 of Art X of the Constitution,
voluntaryrenunciationoftheofficeforanylength 2. For elected officers, tender to officer
oftimeshallnotbeconsideredasaninterruption authorizedbylawto callanelection to
inthecontinuityofhisserviceforthefulltermfor fill the vacancy. The following
whichhewaselected.(BolosvCOMELEC,G.R.No. authorizedofficersare:
184082,Mar.17,2009) a. Respective chambers For
membersofCongress;
Q: WA was elected City Councilor for three b. President For governors, vice
consecutive terms. During his last term, the governors, mayors and vice
Sandiganbayan preventively suspended him for mayors of highly urbanized cities
134
POLITICALLAWTEAM:
VILLAMOR.
and independent component Q:Doestheacceptanceofanincompatibleoffice

cities; pertaintoitsphysicalimpossibilityoritsnature?
c. ProvincialgovernorFormunicipal
mayors and vicemayors, city A:Itreferstothenatureandrelationofthetwo
mayors and vicemayors of officestoeachother,theyshouldnotbeheldby
componentcities; onepersonfromthecontrarietyandantagonism
d. Sanggunian concerned For whichwouldresultintheattemptbyoneperson
sanggunianmembers; to faithfully and impartially discharge the duties
e. Municipal/city mayors For of one, toward the incumbent of the other.
barangayofficials. (TreatiseontheLawofPublicOfficesandOfficers,
Mechem,1890edition)
Q:Whatiscourtesyresignation?
Q:Doestheacceptanceofanincompatibleoffice
A: It cannot properly be interpreted as ipsofactovacatetheother?
resignation in the legal sense for it is not
necessarily a reflection of a public official's A:GR:Yes.
intention to surrender his position. Rather, it
manifests his submission to the will of the XPN:Wheresuchacceptanceisauthorizedby
political authority and the appointing power. law.
(OrtizV.COMELEC,G.R.No.78957June28,1988)
Q:Whataretherequisitesforavalidabolitionof
Q:Whatisremoval? office?

A: Forcible and permanent separation of the A:
incumbent from office before the expiration of 1. Mustbemadeingoodfaith;
thepublicofficer'sterm.(Feria,Jr..v.Mison,G.R. 2. Clearintenttodoawaywiththeoffice;
No.8196,August8,1989) 3. Must not be for personal or political
reasons;and
Q:Whatisrecall? 4. Mustnotbecontrarytolaw.

A: It is an electoral mode of removal employed Q: What is the prescriptive period for petitions
directly by the people themselves through the forreinstatementorrecoveryofpublicoffice?
exercise of their right of suffrage. It is a political
question not subject to judicial review. It is a A: It must be instituted within one (1) year from
political question that has to be decided by the thedateofunlawfulremovalfromtheoffice.
people in their sovereign capacity. (Evardone v.
COMELEC,G.R.No.94010,Dec.2,1991) Such period may be extended on grounds of
equity.
Q:Whatarethelimitationsonrecall?
Q:Whatistheperiodprovidedtotaketheoath
A: ofofficetoavoidfailuretoassumeoffice?
1. An elective official can be subjected to
recallonlyonce A:Failuretotaketheoathofofficewithinsix(6)
2. Norecallshalltakeplacewithinone(1) monthsfromproclamationofelectionshallcause
year from the assumption of office or thevacancyoftheofficeunlesssuchfailureisfor
one year immediately preceding a acausebeyondhiscontrol.(Sec.11B.P.881)
regularlocalelection.
(Section74(b)ofRepublicActNo.7160) Q: When does conviction by final judgment
automaticallyterminateofficialrelationship?
Q:Whatisabandonment?
A: When the penalty imposed carries with it the
A: It is the voluntary relinquishment of an office accessorypenaltyofdisqualification.
by the holder with the intention of terminating
his possession and control thereof. (Words and Q: Will the grant of plenary pardon restore the
Phrases, Vol. 1, p. 127, citing Board of Com'rs of publicofficetotheofficerconvicted?
Dearbon County v Droege, Ind. App., 66 N.E. 2d A: No. Although a plenary pardon extinguishes
134,138) the accessory penalty of disqualification, she is
notentitledtoanautomaticreinstatementonthe
135

basis of the absolute pardon granted to her but A: Proximity rule. The occupant of a particular
must secure an appointment to her former position could be considered a confidential
position and that, notwithstanding said absolute employeeifthepredominantreasonwhyhewas
pardon, she is liable for the civil liability chosen by the appointing authority was the
concomitant to her previous conviction. latters belief that he can share a close intimate
(Monsanto v. Factoran, Jr. G.R. No. 78239 relationship with the occupant which ensures
February9,1989) freedom of discussion without fear of
embarrassment or misgivings of possible
betrayals of personal trust and confidential
k.THECIVILSERVICE matters of State. (De los Santos v. Mallare, G.R.
No.L3881,Aug.31,1950)
Q:Whatisthescopeofcivilservice?
Q:Whatisthenatureofanappointment?
A: The civil service embraces all branches,
subdivisions, instrumentalities, and agencies of A: Appointment is an essentially discretionary
the government including GOCCs with original power and must be performed by the officer in
charters. whichitisvestedaccordingtohisbestlights,the

only condition being that the appointee should
Q:Howareappointmentstocivilservicemade?
possess the qualifications required by law. If he
A: does,thentheappointmentcannotbefaultedon
1. Competitive positions according to thegroundthatthereareothersbetterqualified
merit and fitness to be determined by whoshouldhavebeenpreferred.Thisisapolitical
competitive examinations, as far as question involving considerations of wisdom
practicable.
which only the appointing authority can decide.
2. Noncompetitivepositionsnoneedfor
(Luegov.CSC,G.R.No.L69137,Aug.5,1986)
competitiveexaminations.
Ithas3kinds:
a. Policydetermining tasked to Q: What characterizes the career service and
formulate a method of action for whatareincludedtherein?
the government or any of its
subdivisions. A:AccordingtoSec.7,Chapter2,Title1,BookV
b. Primarily confidential duties are of the Administrative Code of 1987, the career
not merely clerical but devolve serviceischaracterizedby:
upontheheadofanoffice,which, 1. Entrance based on merit and fitness to
by reason of his numerous duties, be determined as far as practicable by
delegates his duties to others, the competitive examination or based on
performance of which requires highlytechnicalqualification;
skill, judgment, trust and 2. Opportunityforadvancementtohigher
confidence. careerposition;and
c. Highly technical requires 3. Securityoftenure.
technical skill or training in the
highestdegree Thecareerserviceincludes:
1. Open career position for appointment
Note:Thetesttodeterminewhetherthepositionis to which prior qualification in an
noncompetitiveisthenatureoftheresponsibilities, appropriateexaminationisrequired;
notthedescriptiongiventoit. 2. Closed career positions which are
scientificorhighlytechnicalinnature;
The Constitution does not exempt the abovegiven 3. Positions in the career executive
positions from the operation of the principle that service;
no officer or employee of the civil service shall be
4. Career officers other than those in the
removedorsuspendedexceptforcauseprovidedby
career executive service, who are
law.
appointedbythePresident;

5. Commissioned officers and enlisted
Q:Whattestisappliedtodeterminewhethera
menoftheArmedForces;
particularpositionishighlyconfidential?
6. Personnel of GOCCs, whether

performing governmental or
136
POLITICALLAWTEAM:
VILLAMOR.
proprietary functions, who do not fall A: It is a cause related to and affects the
underthenoncareerservice;and administrationofofficeandmustbesubstantial
7. Permanent laborers, whether skilled, directly affects the rights and interests of the
semiskilled,orunskilled. public.

Q:Whomaybeappointedinthecivilservice? Q: Discuss the security of tenure for non
competitivepositions.
A: Whoever fulfills all the qualifications
prescribedbylawforaparticularpositionmaybe A:
appointedtherein. 1. Primarily confidential officers and
employees hold office only for so long
Note: The CSC cannot disapprove an appointment asconfidenceinthemremains.Ifthere
just because another person is better qualified, as is genuine loss of confidence, there is
long as the appointee is himself qualified. It cannot no removal, but merely the expiration
addqualificationsotherthanthoseprovidedbylaw. ofthetermofoffice.
(Cortezv.CSC,G.R.No.92673March13,1991) 2. Noncareer service officers and
employees do not enjoy security of
Q:Whatisdoesthesecurityoftenureofofficers tenure.
oremployeesofthecivilserviceguarantee? 3. Political appointees in the foreign
service possess tenure coterminous
A: Officers or employees of the Civil Service withthatoftheappointingauthorityor
cannot be removed or suspended except for subjecttohispleasure.
cause provided by law. It guarantees both
proceduralandsubstantivedueprocess.(Sec.32, Note: One must be validly appointed to enjoy
R.A.2260) security of tenure. Thus, one who is not appointed
bytheproperappointingauthoritydoesnotacquire
Q:Whatcharacterizessecurityoftenure? securityoftenure.

A: It is the nature of the appointment that Q:Javierwasfirstemployedasprivatesecretary
characterizes security of tenure and not the intheGSISin1960onaconfidentialstatus.In
nature of ones duties or functions. Where the 1962 Javier was promoted to Tabulating
appointmentispermanent,itisprotectedbythe Equipment Operator with permanent status.
securityoftenureprovision.Butifitistemporary In 1986, she was appointed corporate secretary
orinanactingcapacity,whichcanbeterminated of the Board of Trustees (BOT) of the
atanytime,theofficercannotinvokethesecurity corporation. In 2001, she opted for early
oftenure. retirement.In2002,Javier,whowas64yearsold
at the time, was reappointed by GSIS President
Note: The holder of a temporary appointment (with approval of BOT) as corporate secretary.
cannot claim a vested right to the station to which The BOT classified her appointment as
assigned,nortosecurityoftenurethereat.Thus,he confidentialinnatureandthetenureofofficeis
maybereassignedtoanyplaceorstation.(Teoticov. atthepleasureoftheBoard.
Agda,G.R.No.87437,May29,1991)
On October 10, 2002, CSC issued a resolution
Q:Whendoessecurityoftenureattaches? invalidating the reappointment of Javier as
corporate secretary, on the ground that the
A:Itattachesonceanappointmentisissuedand positionisapermanent,careerpositionandnot
themomenttheappointeeassumesapositionin primarilyconfidential.
thecivilserviceunderacompletedappointment,
heacquiresalegal,notmerelyequitable,right(to May the courts determine the proper
the position) which is protected not only by classificationofapositioningovernment?Isthe
statute, but also by the constitution, and cannot position of corporate secretary in a GOCC
be taken away from him either by revocation of primarilyconfidentialinnature?
theappointment,orbyremoval,exceptforcause,
and with previous notice and hearing. (Aquino v. A: The courts may determine the proper
CSC,G.R.No.92403April22,1992) classificationofapositioningovernment.Astrict
readingofthelaw(EO292)revealsthatprimarily
Q:Whatislegalcause? confidential positions fall under the noncareer
service. It is also clear that, unlike career
positions, primarily confidential and other non
137

career positions do not have security of tenure. Q: The Civil Service Commission passed a
The tenure of a confidential employee is co Resolution abolishing the Career Executive
terminous with that of the appointing authority, ServiceBoard(CESB).Istheresolutionvalid?
or is at the latter's pleasure. However, the
confidential employee may be appointed or A:No.TheCESBwascreatedbylaw(P.D.No.1);
remain in the position even beyond the it can only be abolished by the legislature. This
compulsoryretirementageof65years. follows an unbroken stream of rulings that the
creationandabolitionofpublicofficesisprimarily
Jurisprudence establishes that the Court is not a legislative function. (Eugenio v. Civil Service
boundbytheclassificationofpositionsinthecivil Commission, et al., G.R. No. 115863, Mar. 31,
service made by the legislative or executive 1995)
branches, or even by a constitutional body like
the CSC. The Court is expected to make its own Q:Whatrulesapplytotemporaryemployees?
determination as to the nature of a particular
position, such as whether it is a primarily A:
confidentialpositionornot,withoutbeingbound 1. Notprotectedbysecurityoftenurecan
bypriorclassificationsmadebyotherbodies. be removed anytime even without
cause.
In fine, a primarily confidential position is 2. Iftheyareseparated,thisisconsidered
characterized by the close proximity of the an expiration of term. But, they can
positions of the appointer and appointee as well only be removed by the one who
as the high degree of trust and confidence appointedthem.
inherentintheirrelationship. 3. Entitled to such protection as may be
provided by law. (Sec. 2[6], Art. IXB,
Inthelightoftheinstantcontroversy,theCourt's 1987Constitution)
viewisthatthegreaterpublicinterestisservedif
the position of a corporate secretary is classified Note:Noofficeroremployeeinthecivilserviceshall
asprimarilyconfidentialinnature.(CSCv.Javier, engage in any electioneering or in partisan political
G.R.No.173264,Feb.22,2008) activity.However,theyareallowedtoexpressviews
onpoliticalissues,andtomentionthenamesofthe
Q: When does reorganization or abolition of candidates whom he supports. (Sec. 2[4], Art. IXB,
officetakesplace? 1987Constitution)

The prohibition does not apply to department
A: Reorganization takes place when there is an
secretaries.
alterationoftheexistingstructureofgovernment

officers or units therein, including the lines of
Q: Do employees of the civil service have the
control, authority and responsibility between
righttoorganize?
them. It involves a reduction of personnel,

consolidation of offices, or abolition thereof by
A:Yes,butTherighttoselforganizeaccordedto
reason of economy or redundancy of functions.
governmentemployeesshallnotcarrywithitthe
(Canonizadov.Aguirre,G.R.No.133132.January
right to engage in any form of prohibited
25,2000)
concerted activity or mass action causing or

intending to cause work stoppage or service
Q:Whataretherequisitesforavalidabolitionof
disruption, albeit of temporary nature. (Sec. 4,
office?
CSCResolutionNo.021316,2002)

A:
Q:Whatarethedisqualificationsattachedtothe
1. Ingoodfaith;(goodfaithispresumed)
civilserviceemployeesorofficials?
2. Not for political or personal reasons;

and
A:
3. Not in violation of law. (Administrative
1. Losingcandidateinanyelection
Law,LawonPublicOfficersandElection
a. cannot be appointed to any office
Law,Agpalo,2006)
in the government or GOCCs or

theirsubsidiaries
Note:TheCongresshastherighttoabolishanoffice
even during the term for which an existing
b. period of disqualification: 1 year
incumbent may have been elected EXCEPT when aftersuchelection
restrainedbytheConstitution.
2. Electiveofficials:
138
POLITICALLAWTEAM:
VILLAMOR.
GR: not eligible for appointment or Theycannotacceptanypresent,emolument,office,

designation in any capacity to any title of any kind from foreign governments without
public office or position during their theconsentofCongress
tenure.
XPN:Mayholdexofficiopositions.E.g. Pensions and gratuities are not considered as
TheVicePresidentmaybeappointed additional,double,orindirectcompensation.(Sec.7
asaCabinetmember 8,Art.IXB,1987Constitution)

3. Appointiveofficials: l.ACCOUNTABILITYOFPUBLICOFFICERS
GR: cannot hold any other office or
agency, instrumentality, including 1.Impeachment
GOCCsandtheirsubsidiaries
XPN: unless otherwise allowed by law, Q:Whatisimpeachment?
or by the primary functions of his
position. A: It is a method by which persons holding
governmentpositionsofhighauthority,prestige,
Note: The exception does not apply to Cabinet and dignity and with definite tenure may be
members, and those officers mentioned in Art. VII, removedfromofficeforcausescloselyrelatedto
Sec. 13. They are governed by the stricter theirconductaspublicofficials.
prohibitionscontainedtherein.
Note: It is a national inquest into the conduct of
Inascertainingthelegalqualificationsofaparticular publicmen.(OutlineonPoliticalLaw,Nachura,2006)
appointee to a public office, there must be a law
providing for the qualifications of a person to be Q:Whoaretheimpeachableofficers?
nominated or appointed therein. The qualification

to hold public office may refer to educational
A:
attainment,civilserviceeligibilityorexperience.One
1. President
who is under the one year prohibition imposed on
losing candidates is disqualified from being 2. VicePresident
appointedduringthatoneyearperiodevenifhehas 3. MembersoftheSupremeCourt
the other qualifications. (People v. Sandiganbayan, 4. Members of the Constitutional
G.R.No.164185,July23,2008) Commissions
5. Ombudsman
Q: What are the prohibitions attached to
elective and appointive officials in terms of Note: The enumeration is exclusive. (Sec. 2, Art. XI,
compensation? 1987Constitution)

A: Q:Whatarethegroundsforimpeachment?
GR:Theycannotreceive:
1. Additional compensation an extra A:
reward given for the same office e.g. 1. Culpableviolationofthe
bonus 2. Treason
2. Doublecompensationwhenanofficer 3. Bribery
is given 2 sets of compensation for 2 4. Otherhighcrimes
different offices held concurrently by 1 5. Betrayal of public trust (Sec. 2, Art. XI,
officer. 1987Constitution)
3. Indirectcompensation
Q:WhatisCulpableViolationoftheConstitution?
XPN:Unlessspecificallyauthorizedbylaw.
A:CulpableviolationoftheConstitutioniswrongful,
Note: Specifically authorized means a specific intentional or willful disregard or flouting of the
authority particularly directed to the officer or fundamental law. Obviously, the act must be
employeeconcerned. deliberateandmotivatedbybadfaithtoconstitute
a ground for impeachment. Mere mistakes in the
But per diems and allowances given as proper construction of the Constitution, on which
reimbursement for expenses actually incurred are students of law may sincerely differ, cannot be
notprohibited. considered a valid ground for impeachment. (Cruz,
Isagani.PhilippinePoliticalLaw)

Q:WhatisBetrayalofPublicTrust?
139

A: The 1987 Constitution has added betrayal of a. The Senators take an oath or
publictrust,whichmeansanyformofviolationof affirmation
theoathofofficeevenifsuchviolationmaynotbe b. When the President of the
criminally punishable offense. (Bernas, Bernas Philippines is on trial, the Chief
Primer,2006ed.) Justice of the SC shall preside but
shallnotvote.
This is a catchall to cover all manner of offenses c. A decision of conviction must be
unbecomingapublicfunctionarybutnotpunishable concurred in by at least 2/3 of all
by the criminal statutes, like inexcusable themembersofSenate.
negligence of duty, tyrannical abuse of authority,
breach of official duty by malfeasance or Note: The Senate has the sole power to try and
misfeasance, cronyism, favoritism, obstruction of decide all cases of impeachment. (Sec. 3(6), Art. XI,
justice.(Cruz,Isagani.PhilippinePoliticalLaw) 1987Constitution)

Q: What are the steps in the impeachment Q:Whenisanimpeachmentdeemedinitiated?
process?
A: The proceeding is initiated or begins, when a
A: verified complaint is filed and referred to the
1. Initiatingimpeachmentcase Committee on Justice for action. This is the
initiating step which triggers the series of step
a. Verified complaint filed by any that follow. The term to initiate refers to the
member of the House of filingoftheimpeachmentcomplaintcoupledwith
Representatives or any citizen Congress taking initial action of said complaint.
upon resolution of endorsement (Francisco v. House of Rep., G.R. No. 160261,
byanymemberthereof. November10,2003)
b. Included in the order of business
within10sessiondays. Q:Whatisthesalutaryreasonofconfiningonly
c. Referred to the proper committee oneimpeachmentproceedinginayear?
within 3 session days from its
inclusion. A: Justice Azcuna stated that the purpose of the
d. The committee, after hearing, and oneyearbaristwofold:
bymajorityvoteofallitsmembers,
shallsubmititsreporttotheHouse 1. To prevent undue or too frequent
of Representatives together with harassment
thecorrespondingresolution. 2.Toallowthelegislaturetodoitsprincipal
e. PlacingoncalendartheCommittee taskoflegislation.(Franciscov.Houseof
resolution within 10 days from Rep.,G.R.No.160261,Nov.10,2003)
submission;
f. Discussion on the floor of the Theconsiderationbehindtheintendedlimitation
report; refers to the element of time, and not the
number of complaints. The impeachable officer
Note:Iftheverifiedcomplaintisfiledbyatleast1/3 should defend himself in only one impeachment
of all its members ofthe Houseof Representatives, proceeding,sothathewillnotbeprecludedfrom
the same shall constitute the Articles of performing his official functions and duties.
Impeachment,andtrialbytheSenateshallforthwith Similarly, Congress should run only one
proceed.(Sec.3(4)Art.XI,1987Constitution) impeachment proceeding so as not to leave it
withlittletimetoattendtoitsmainworkoflaw
g. A vote of at least 1/3 of all the making. The doctrine laid down in Francisco that
members of the House of initiation means filing and referral remains
Representatives shall be necessary congruent to the rationale of the constitutional
either to affirm a favorable provision. (Gutierrez v. The House of
resolution with the Articles of Representatives Committee on Justice, G.R. No.
Impeachmentofthecommitteeor 193459,Feb.15,2011)
override its contrary resolution.
(Sec. 3 (23), Art. XI. 1987 Q: What are the effects of conviction in
Constitution) impeachment?
2. Trial and Decision in impeachment
proceedings
140
POLITICALLAWTEAM:
VILLAMOR.
A:
1.Removalfromoffice A:Heistaskedtoentertaincomplaintsaddressed
2.Disqualificationtoholdanyotheroffice to him against erring public officers and take all
undertheRepublicofthePhilippines necessaryactionsthereon.
3. Party convicted shall be liable and
subject to prosecution, trial and Note: The powers of the Ombudsman are not
punishment according to law. (Sec. 3 merelyrecommendatory.Hisofficewasgiventeeth
(7).Art.XI,1987Constitution) to render this constitutional body not merely
functional but also effective. Under R.A. No. 6770
Q: What are the limitations imposed by the andthe1987Constitution,theOmbudsmanhasthe
Constitutionupontheinitiationofimpeachment constitutional power to directly remove from
proceedings? government service an erring public official other
than a member of Congress and the Judiciary.
(Estarijav.Ranada,G.RNo.159314,June26,2006).
A:

1. TheHouseofRepresentativesshallhave
Q:DoestheOmbudsmanenjoyfiscalautonomy?
theexclusivepowertoinitiateallcases

ofimpeachment.
A:Yes.Itshallenjoyfiscalautonomy.Itsapproved
2. Not more than one impeachment
annual appropriations shall be automatically and
proceedingshallbeinitiatedagainstthe
regularlyreleased.(Section14ofArticleXIofthe
same official within a period of one
1987Constitution)
year.

Q:Whatisthedurationofthetermofofficeof
Note:Animpeachmentcaseisthelegalcontroversy
that must be decided by the Senate while an
theOmbudsman?
impeachment proceeding is one that is initiated in
the House of Representatives. For purposes of A:7yearswithoutreappointment.(Section11of
applying the one year ban rule, the proceeding is ArticleXIofthe1987Constitution)
initiatedorbeginswhenaverifiedcomplaintisfiled
andreferredtotheCommitteeonJusticeforaction. Q:Whatarethedisqualificationsandinhibitions
(Francisco v. House of Representatives, et. al., G.R. oftheOmbudsman?
No.160261,Nov.10,2003)
A:
Thepowertoimpeachisessentiallyanonlegislative 1. Shall not hold any other office or
prerogative and can be exercised by Congress only employment;
within the limits of the authority conferred upon it 2. Shall not engage in the practice of any
by the Constitution. (Francisco v. House of professionorintheactivemanagement
Representatives, et. al., G.R. No. 160261, Nov. 10, orcontrolofanybusinesswhichinany
2003) waymaybeaffectedbythefunctionsof
hisoffice;
Q:CanASupremeCourtJusticebechargedina 3. Shall not be financially interested,
criminal case or disbarment proceeding instead directly or indirectly, in any contract
ofanimpeachmentproceeding? with, or in any franchise or privilege
granted by the government, or any of
A:No,becausetheultimateeffectofeitheristo itssubdivisions,etc.
removehimfromoffice,andthuscircumventthe 4. Shall not be qualified to run for any
provision on removal by impeachment thus office in the election immediately
violating his security of tenure. (In Re: First succeeding their cessation from office.
Indorsement from Hon. Raul Gonzalez, A.M. No. (Section9ofR.A.No.6770)
8845433,April15,1988)
2.a.PowersandDuties
An impeachable officer who is a member of the
Philippine bar cannot be disbarred first without Q: What is the scope of the powers of the
being impeached. (Jarque v. Desierto, 250 SCRA Ombudsman?
11,1995)
A:Overtheyearsthescopeofthepowersofthe
Ombudsman under Section 12 has been clarified
2.Ombudsman thussettlingvariousdisputedissues:
1. The ombudsman can investigate only
Q:WhatisthefunctionofanOmbudsman? officers of government owned
141

corporations with original charter. Q:ArethepowersofOmbudsmandelegable?
(Khan, Jr v Ombudsman, G.R. No.
125296,July20.2006) A: The power to investigate or conduct a
preliminary investigation on any Ombudsman
2. The jurisdiction of the Ombudsman case may be exercised by an investigator or
over disciplinary cases involving public prosecutoroftheOfficeoftheOmbudsman,orby
school teachers has been modified by any Provincial or City Prosecutor or their
Section 9 of R.A. 4670, otherwise assistance,eitherintheirregularcapacitiesoras
known as the Magna Carta for Public deputized Ombudsman prosecutors. (Honasan II
School Teachers, which says that such v.PanelofInvestigatorsoftheDOJ,2004)
cases must first go to a committee
appointed by the Secretary of Inanyformormannermeansthatthefactthat
Education. (Ombudsman v. Estandarte, the Ombudsman may start an investigation on
GR168670,April13,2007.) the basis of any anonymous letter does not
violatetheequalprotectionclause.Forpurposes
3. The Ombudsman Act authorizes the of initiating preliminary investigation before the
Ombudsman to impose penalties in Office of the Ombudsman, a complaint in any
administrative cases. (Ombudsman v. form or manner is sufficient. (Garcia v. Miro,
CA,November22,2006;Ombudsmanv. G.R.No.148944.February5,2003)
Lucero,November24,2006)
Q:CantheOmbudsmandirectlydismissapublic
Note: According to the Local Government Code, officerfromgovernmentservice?
elective officials may be dismissed only by the
proper court. Where the disciplining authority is A: Under Section 13(3) of Article XI, the
givenonlythepowertosuspendandnotthepower Ombudsman can only recommend to the officer
toremove,itshouldnotbepermittedtomanipulate concerned the removal of a public officer or
the law by usurping the power to employee found to be administratively liable.
remove.(Sangguniang Barangay v. Punong (Tapiador v. Office of the Ombudsman, G.R. No.
Barangay,G.R.No.170626,March3,2008)
129124. March 15, 2002) Be that as it may, the

refusal, without just cause, of any officer to
4. The Special Prosecutor may not file an
complywithsuchanorderoftheOmbudsmanto
informationwithoutauthorityfromthe
penalizeerringofficeroremployeeisagroundfor
Ombudsman. (Perez v. Sandigabayan,
disciplinary action. Thus, there is a strong
G.R.No.166062,September26,2006)
indication that the Ombudsmans

recommendationisnotmerelyadvisoryinnature
5. The Ombudsman has been conferred
butactuallymandatorywithintheboundsoflaw.
rule making power to govern
This, should not be interpreted as usurpation of
procedures under it. (703 Buencamino
the Ombudsman of the authority of the head of
v.CA,GR175895,April4,2007)
office or any officer concerned. It has long been

settled that the power of the Ombudsman to
6. The power to investigate or conduct a
investigate and prosecute any illegal act or
preliminary investigation on any
omission of any public official is not an exclusive
Ombudsman case may be exercised by
authority,butasharedorconcurrentauthorityin
an investigator or prosecutor of the
respect of the offense charged. (Ledesma v. CA,
Office of the Ombudsman, or by any
GR161629,29July2005)
Provincial or City Prosecutor or their

assistance, either in their regular
Q:Isthepoweroftheombudsmantoinvestigate
capacities or as deputized Ombudsman
exclusive?
prosecutors. (Honasan II v. Panel of

Investigators of the DOJ, G.R.
A: No, While the Ombudsmans power to
No.159747,April13,2004)
investigate is primary, it is not exclusive and,

under the Ombudsman Act of 1989, he may
7. A preventive suspension will only last
delegateittoothersandtakeitbackanytimehe
ninety(90)days,nottheentireduration
wantsto.(Acopv.Ombudsman,G.R.No.120422
of the criminal case. (Villasenor v
September27,1995).
SandiganbayanG.R.No.180700,March

4,2008)
Q: May the military deputy investigate civilian

police?
142
POLITICALLAWTEAM:
VILLAMOR.
processing complaints, or recommending

A: Because the power of the Ombudsman is penalties. He is to conduct investigations, hold
broad and because the DeputyOmbudsmanacts hearings, summon witnesses and require
under the direction of the Ombudsman, the production of evidence and place respondents
power of the Military Deputy to investigate under preventive suspension. This includes the
members of the civilian police has also been power to impose the penalty of removal,
affirmed. (Acop v. Ombudsman, G.R. No. 120422 suspension,demotion,fine,orcensureofapublic
September27,1995) officeroremployee.(Ombudsmanv.Galicia,G.R.
No.167711,October10,2008)
Q: Can the Claim of Confidentiality prevent the
Ombudsmanfromdemandingtheproductionof
documentsneededfortheinvestigation? 2.c.JudicialReviewinPenalProceedings

A:No,InAlmontev.Vasquez,G.R.No.95367May Q: What is the authority granted to the
23, 1995, the Court said that where the claim of OmbudsmaninreviewingPenalProceedings?
confidentiality does not rest in the need to
protect military, diplomatic or the national A: In the exercise of its investigative power, this
security secrets but on general public interest in Court has consistently held that courts will not
preserving confidentiality, the courts have interfere with the discretion of the fiscal or the
declined to find in the Constitution an absolute Ombudsman to determine the specificity and
privilege even for the President. (Bernas Primer, adequacy of the averments of the offense
Primer,(2006ed.) charged.Hemaydismissthecomplaintforthwith
if he finds it to be insufficient in form and
Moreover,evenincaseswheremattersarereally substance or if he otherwise finds no ground to
confidential,inspectioncanbedoneincamera. continue with the inquiry; or he may proceed
with the investigation of the complaint if, in his
view, it is in due and proper form. (Ocampo v.
2.b.JudicialReviewinAdministrative Ombudsman,225SCRA725,1993)
Proceedings
Note:InGarciaRuedav.Pascasio,G.R.No.118141.
Q: What is the authority granted to the September 5, 1997, the Court held that while the
Ombudsman under existing laws in reviewing Ombudsman has the full discretion to determine
Administrativeproceedings? whether or not a criminal case is to be filed, the
Court is not precluded from reviewing the
A: Section 19 of the Ombudsman Act further Ombudsmans action when there is grave abuse of
enumerates the types of acts covered by the discretion.
authoritygrantedtotheOmbudsman:

SEC. 19. Administrative Complaints. The 3.Sandiganbayan
Ombudsman shall act on all complaints relating,
butnotlimitedtoactsoromissionswhich: Q: What is the composition of the
Sandiganbayan?
1. Arecontrarytolaworregulation;
2. Areunreasonable,unfair,oppressiveor A:UnderPD1606,itiscomposedof:
discriminatory; 1. PresidingJustice
3. Are inconsistent with the general 2. Eight Associate Justices, with the rank
courseofanagency'sfunctions,though ofJusticeoftheCourtofAppeals
inaccordancewithlaw;
4. Proceed from a mistake of law or an Note:Itsitsinthree[3]divisionsofthreemembers
each.
arbitraryascertainmentoffacts;

5. Are in the exercise of discretionary
Q:WhatisthenatureoftheSandiganbayan?
powersbutforanimproperpurpose;or

6. Are otherwise irregular, immoral or
A:SandiganbayanisNOTaconstitutionalcourt.It
devoidofjustification
isastatutorycourt;thatis,itis creatednotonly
In the exercise of its duties, the Ombudsman is by the Constitution but by statute, although its
creationismandatedbytheConstitution.(Bernas
givenfulladministrativedisciplinaryauthority.His
Primerat4432006ed.)
power is not limited merely to receiving,

143

Q: What are the requisites that must concur in 1. If trial of the cases pending before
order that a case may fall under the exclusive whatever court has already begun as of
jurisdictionoftheSandiganbayan: theapprovalofRA8249,thelawdoesnot
A: apply;
1. Theoffensecommittedisaviolationof 2. If trial of cases pending before whatever
RA 1379, Chapter II, Section , Title VII, courthasnotbegunasoftheapprovalof
Book II of the Revised Penal Code, RA 8249, then the law applies, and the
rulesare:
ExecutiveOrdersNos.1,214and14A,
i. If the Sandiganbayan has
issued in 1986, or other offenses or
jurisdiction over a case pending
felonies whether simple or complexed before it, then it retains
withothercrimes jurisdiction;
2. The offender committing the offenses ii. If the Sandiganbayan has no
(violating RA 3019, RA 1379, the RPC jurisdiction over a cased pending
provisions, and other offenses, is a before it, the case shall be
public official or employee holding any referredtotheregularcourts;
of the positions enumerated in par. A, iii. If the Sandiganbayan has
Section4,RA8249 jurisdiction over a case pending
3. The offense committed is in relation to before a regular court, the latter
the office. (Lacson v. Executive loses jurisdiction and the same
Secretary, G.R. No. 128096 January 20, shall be referred to the
1999) Sandiganbayan;
iv. If a regular court has jurisdiction
Q: Can a private individual be charged jointly overacasependingbeforeit,then
saidcourtretainsjurisdiction.
withapublicofficer?

A:Yes.Incaseprivateindividualsarechargedas Q:Howarepronouncementsofdecisions/review
coprincipals,accomplicesoraccessorieswiththe madebytheSB?
public officers or employees, they shall be tried
jointly with said public officers and employees. A:Theunanimousvoteofallthethreemembers
(Section4,PD1606) shall be required for the pronouncement of
judgment by a division. Decisions of the
Private persons may be charged together with Sandiganbayan shall be reviewable by the
publicofficerstoavoidrepeatedandunnecessary SupremeCourtonapetitionforcertiorari.
presentation of witnesses and exhibits against
conspiratorsindifferentvenues,especiallyofthe Q: Is it mandatory for the Sandiganbayan to
issuesinvolvedarethesame.Itfollowstherefore suspend a public officer against whom a valid
that if a private person may be tried jointly with informationisfiled?
public officers, he may also be convicted jointly
with them, as in the case of the present A: It is now settled that Section 13, RA 3019,
petitioners.(Balmadridv.Sandiganbayan,1991) makes it mandatory for the Sandiganbayan to
suspend any public officer against whom a valid
Q: Whatdetermines the jurisdictionwhether or informationchargingviolationofthatlaw,orany
not the Sandiganbayan or the RTC has offense involving fraud upon the government or
jurisdictionoverthecase? public funds or property is filed. (Bolastig v.
Sandiganbayan,235SCRA103)
A:Itshallbedeterminedbytheallegationsinthe
information specifically on whether or not the Q:Canbothquestionsoffactandlawberaised
actscomplainedofwerecommittedinrelationto before the Supreme Court in an appeal of a
theofficialfunctionsoftheaccused.Itisrequired decisionoftheSandiganbayan?
that the charge be set forth with particularity as
will reasonably indicate that the exact offense A: The appellate jurisdiction of the Supreme
whichtheaccusedisallegedtohavecommittedis Court over decisions and final orders of the
one in relation to his office. (Lacson v. Executive Sandiganbayan is limited to questions of law.
SecretaryG.R.No.128096January20,1999) (Cabaronv.People,G.R.No.156981,October5,
2009
Note:InBinayv.Sandiganbayan,G.R.Nos.120681
83, October 1, 1999, the Supreme Court discussed
theramificationsofSection7,RA8249,asfollows:
144
POLITICALLAWTEAM:
VILLAMOR.
4.IllGottenWealth Q: Can illgotten wealth be characterized by a

seriesofeventsthatwouldmakeapublicofficer
Q:DefineIllgottenwealth? liable?

A: Illgotten wealth means any asset, property, A:Yes,incasesofplunder,anypublicofficerwho,
businessenterpriseormaterialpossessionofany byhimselforinconnivancewithmembersofhis
person within the purview of Section Two (2) family, relatives by affinity or consanguinity,
hereof, acquired by him directly or indirectly business associates, subordinates or other
through dummies, nominees, agents, persons, amasses, accumulates or acquires ill
subordinates and/or business associates by any gottenwealththroughacombinationorseriesof
combination or series of the following means or overtorcriminalactsasdescribedinSection1(d)
similarschemes: of RA 7659, in the aggregate amount or total
value of at least fifty million pesos
1. Through Misappropriation, conversion, (P50,000,000.00) shall be guilty of the crime of
misuse,ormalversationofpublicfunds plunder.(Sec.2ofRA7659)
orraidsonthepublictreasury
Q:Canprosecutionfortherecoveryofillgotten
2. By Receiving, directly or indirectly, any wealth be barred by prescription, laches and
commission, gift, share, percentage, estoppel?
kickbacks or any other form of
pecuniary benefit from any person A:Yes.TheprovisionfoundinSection15,Article
and/or entity in connection with any XIofthe1987Constitutionthat"therightofthe
government contract or project or by Statetorecoverpropertiesunlawfullyacquiredby
reason of the office or position of the public officials or employees, from them or from
publicofficerconcerned theirnomineesortransferees,shallnotbebarred
byprescription,lachesorestoppels,"hasalready
3. By the Illegal or fraudulent conveyance been settled in Presidential Ad Hoc FactFinding
ordispositionofassetsbelongingtothe Committee on Behest Loans v. Desierto. G.R. No.
National Government or any of its 130140,where the Court held that the above
subdivisions, agencies or citedconstitutionalprovision"appliesonlytocivil
instrumentalitiesorgovernmentowned actions for recovery of illgotten wealth, and not
or controlled corporations and their to criminal cases. (Presidential Ad Hoc Fact
subsidiaries Finding Committee On Behest Loans v. Desierto,
G.R.No.135715,April13,2011)
4. By Obtaining, receiving or accepting
directlyorindirectlyanysharesofstock,
equity or any other form of interest or
participation including promise of
future employment in any business
enterpriseorundertaking

5. Byestablishingagricultural,industrialor
commercial Monopolies or other
combinationsand/orimplementationof
decreesandordersintendedtobenefit
particularpersonsorspecialinterests

6. By taking Undue advantage of official
position, authority, relationship,
connection or influence to unjustly
enrich himself or themselves at the
expense and to the damage and
prejudiceoftheFilipinopeopleandthe
Republic of the Philippines. (RA 7080,
AN ACT DEFINING AND PENALIZING
THECRIMEOFPLUNDER)
145

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UST GOLDEN NOTES 2011

I.LAWONPUBLICOFFICERS covered by the Presidents power of

Q: What is the rationale behind ad interim

being legally fit or qualified to be 2. Participate in any business, or be

Q: What is the rule against the appointment of

SolGen may only do so in suits for damages A:Thisdoctrineprovidesthatasuperiorofficeris

Salaries subordinates the opportunity for

Q. Are decisions in a disciplinary action A: As a general rule, the question of whether

payment of backwages. (Echeche v. Court of

and independent component Q:Doestheacceptanceofanincompatibleoffice

GR: not eligible for appointment or Theycannotacceptanypresent,emolument,office,

processing complaints, or recommending

4.IllGottenWealth Q: Can illgotten wealth be characterized by a

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