Public Officers LAW - Part 1 - Atty Diaz

Chapter 1- THE CONCEPT OF THE PUBLIC OFFICE
What is Public Office?
It is a right, authority, duty, created and conferred by law, by which for a given
period, either fixed by law or enduring at the pleasure of the creating power, an
individual is invested with some sovereign power of government to be exercised by
him for the benefit of the people.
What are the elements of a public office?
1. Created by law or by authority of law

2. Possess a delegation of a portion of the sovereign powers of government, to be
exercised for the benefit of the public
3. Powers conferred and duties imposed must be defined by the legislature or by legislative
authority
4. Duties must be performed independently and without control of the superior power
UNLESS they be those of an inferior or subordinate officer created or authorized by the
legislature and placed under the general control of a superior officer or body
5. Permanence or continuity.
What is an officer as distinguished from clerk or employee?
It refers to a person whose duties, not being of clerical or manual nature, involves
the exercise of discretion in the performance of the functions of the government.
What is the most important characteristic which distinguishes an office from an employment
or contract?
The creation and conferring of an office involves a delegation to the individual of

some of the sovereign functions of government, to be exercised by him for the
benefit of the public; that some portion of the sovereignty of the country, either
legislative, executive or judicial, attaches, for the time being, to be exercised for the
public benefit.
Borinaga Alith- CHAPTER 4-6 1

Camposano Harvy,-CHAPTER 1-3
Guaren Ronamarie Therese- CHAPTER 7-9 Public Officers Law Notes
How is public office created?
1. Constitution
2. Statutory enactment
3. Authority of law
What is the characteristic of a public office?
A public office is a public trust. This simply means that it must be discharged by the
incumbent not for his own personal aggrandizement but for the benefit of the
public for whom it is held by him in trust.
What are the classifications of a public officer?
A public officer may be constitutional or statutory; national or local; legislative,

executive or judicial; lucrative or honorary; discretionary or ministerial; appointive
or elective; civil or military; and de jure or de facto.

Chapter 2- REQUIREMENTS FOR PUBLIC OFFICE
How is public officer chosen?
1. Appointive
2. Election
In appointment, the choice of the public functionaries is made by the particular

officer designated by the Constitution or the law.
In election, such choice is made by the enfranchised citizenry through the exercise
of their suffrages.
What is the legal meaning of appointment?
Appointment has been defined as the act of designation by the appointing officer,
body or board, to whom that power has been delegated, of the individual who is to
exercise the functions of a given office.
It is to be distinguished from designation, which is simply the mere imposition of
new duties on the officer to be performed by him in a special manner.
To whom the power of appointment is exercised?
The power of appointment is by nature executive and is vested by the Constitution

in the President of the Philippines over the following officers:
1. Heads of the executive departments.

2. Ambassadors, other public ministers and consuls.
3. Officers of the armed forces from the rank of colonel or naval captain.
4. Those other officers whose appointments are vested in him by the Constitution.
5. All other officers of the government whose appointments are not provided for by
law.
6. Those whom he may be authorized by law to appoint.

How is the power of appointment exercised?
The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, and
other officers as enumerated above.
The President shall have the power to make appointments during the recess of
Congress, whether voluntary or compulsory, but such appointments shall be
effective only until disapproval by the CA or until the next adjournment of Congress.
The Congress may, by law, vest the appointment of other officers lower in the rank
in the President alone, in the courts, or in the heads of departments, agencies.
Commissions or boards.
Function of the Civil Service Commission in relation to the appointive power of the
President?
To determine whether or not the appointee possesses the qualifications and

requisite or appropriate eligibility. If he does, his appointment is approved; if not, it
is disapproved.
The CSC has no authority to revoke an appointment on the ground that another
person is more qualified, its authority being limited to approving or renewing an
appointment in the light of the requisites of the law governing the Civil Service, it is
within its power to order the reinstatement of government employees who have
been unlawfully dismissed.
What is election?
It is a mode of filling a public office, by which the enfranchised citizenry is able to

participate directly in the conduct of the government, through the selection by
them of the functionaries who will represent them therein.
What are the qualifications of public officers?

To be eligible for public office, the person appointed or elected thereto must
possess the prescribed qualifications as provided for in the Constitution. Among the
usual qualifications are the age, citizenship, suffrage, literacy, residence, academic
and moral qualifications.
What are the disqualifications?
General Disqualifications under the Constitution are the following:
1. No candidate who lost in an election, shall, within 1 year after such election, be
appointed to any office in the Government.
2. No elective official shall be eligible for appointment or designation in any capacity to
any public office or position during his tenure.
3. No appointive official shall hold any other position in the Government, unless otherwise
allowed by law or the primary functions of his office.
*ex-officio capacity

Chapter 3-DE FACTO OFFICERS
What is a de facto officer?
An officer de facto is one whose acts, though not those of a lawful officer, the law,
upon principles of policy and justice, will hold valid so far as they involve the
interests of the public, and third persons, where the duties of the office were
exercised:
1. Without a known appointment or election, but under such circumstances of reputation

or acquiescence as were calculated to induce people, without inquiry, to submit to or
invoke his action, supposing him to be the officer he assumed to be;
2. Under color of a known and valid appointment or election, but where the officer had
failed to conform to some precedent, requirement, or condition, as to take an oath, give a
bond, or the like;
3. Under color of a known appointment or election, void, because the officer was not
eligible, or because there was a want of power in the electing or appointing body, or by
reason of some defect or irregularity in its exercise, such ineligibility, want of power, or
defect being unknown to the public;
4. Under color of an election or an appointment by or pursuant to a public, unconstitutional
law before the same is adjudged to be such.
What are the distinguishing characteristics of a de jure and de facto officer?
A de jure officer is one who has lawful title to the office but has not been able to
take possession of it or has been ousted therefrom. A de facto officer is one who
actually possesses the office although he has an imperfect or only colorable title
thereto.
What are the requisites of de facto officership?

1. Existence of a de jure office
2. Color of title
3. Physical position of the office
What are the effects of acts of de facto officer?
The lawful acts of an officer de facto so far as the rights of third persons are
concerned, are, if done within the scope and by the apparent authority of the office,
considered as valid and binding as if he were the officer legally elected and qualified
for the office and in full possession thereof.
It has been likewise ruled that a de facto public officer cannot be made to reimburse
funds disbursed during his term of office because his acts are as those of a de jure
officer. Moreover, as a de facto officer, he is entitled to emoluments for actual
services rendered.
Is de facto officer entitled to salary?
The general rule is that the de facto officer cannot claim a salary and other
compensation for services rendered by him as such. If he has already collected such
salary, he may in fact be required to pay it back to the de jure officer upon
recognition of the latters title. However, there is authority to the effect that the de
facto officer may retain salaries collected by him for services rendered in good faith
where there is no de jure officer claiming the office.
Can a De Facto Officer be challenge? If yes. How?
The incumbency of the de facto officer may not be challenged collaterally or in an

action to which he is not a party but in a direct proceeding where title to the office
will be the principal issue. The authorized proceeding is quo warranto which is an
action that may be brought against a person who usurps intrudes into or unlawfully
holds or exercises a public office, either by the Solicitor General in the name of the
Republic or any person claiming title to the office.
Chapter 4-THE CIVIL SERVICE

What is Civil Service?
The constitution provides for a Civil Service which embraces all branches of
government, subdivisions, instrumentalities, and agencies of the Government,
including govenment-owned and controlled corporations with original charters.
What does the phrase with original charters mean?

In Juco v NLRC, the Supreme Court clarified that the phrase with original charters
means that government-owned and controlled corporations refer to corporations
chartered by special law as distinguished from corporations organized under the
Corporation Code.
What are the laws in which members of the Civil Service are regulated?
The members of the Civil Service are regulated under Article IX(B) of the
Constitution, the Civil Service Decree, the Administrative Code of 1987 and the
pertinent principles under the law of public officers.
What is a Civil Service Commission?

The Civil Service shall be administered by the Civil Service Commission, which is the
governments central personnel agency designated to set standards and to enforce
the laws and rules governing the selection, utilization, training and discipline of civil
servants.
What composes the Commission?

The Commission is composed of a Chairman and two Commissioners.
What are the qualifications?

They shall be a natural born citizens of the Philippines and, at the time of their
appointment, atleast thirty-five years of age, with proven capacity for public
administration, and must not have be candidates for any elective position in the
elections immediately preceding their appointment (Constitution,Article IX, B,
Section1(1)).
What is the term of office of Chairman and the Commissioners?

The Chairman and the Commissioners shall be appointed by the President with the
consent of the Commission on Appointments for a term of seven years without
reappointment, and may be removed only by impeachment (Constitution,Article XI,
Section2).
What is the general purpose of Civil Service Law (RA 2260)?

The general pupose of Civil Service Law is to insure and promote the general
mandate requiring appointments only according to merit and fitness, and to provide
within the public service a progressive system of public administration to insure
maintenance of an honest and efficient, progressive and courteous civil service in
the Philippines. (Section 2, RA 2260 )
What is the scope of the Civil Service?

The Civil Service embraces all the branches, subdivisions, instrumentalities and
agencies of the Government, including government-owned of controlled
corporations with original charters.
Are all the government-owned and controlled corporations under the scope of civil service?
As ruled by the Supreme Court in the case of National Service Coporation v National
Labor Relations Commission, the government-owned or controlled corporations
included in the civil service under the 1987 Constitution are only those created by
special law, or given legislative charters, and not those established under or on the
basis of the provision of the Corporation Code. It also does not include government-
owned or controlled coporations which are organized as subsidiaries of
government-owned or controlled corporations under the general corporation law.
What government-owned or controlled corporations are under the scope of civil service?
Water systems, like the National Waterworks and Sewerage Authority (NAWASA)
and the National Irrigation Administration, although agencies performing
proprietary, not governmental functions are however deemed included in the civil
service. (Fontanilla v Mallaman, 194 SCRA 486)
Employees of GOCC, such as Duty Free Philippines, the Philippine Tourism Authority
and the Philippine Amusement and Gaming Corporation, are governed by civil

service rules, not by the provisions of the Labor Code, and are subject to th authority
of CSC, not the NLRC.
Are public charitable institutions under civil service?

It has been held that public charitable institutions, although performing public
functions, are not being government agencies, not covered by the Civil Service.
What are the classifications of position in the Civil Service?

The positions in the Civil Service are classified into the career service and non-career
service.
What is Career-Service?
The career-service is characterized by (1) entrance based on merit and fitness to be
determined as far as practicable by competitive examinations, or based on highly
technical qualifications; (2) opportunity for advancement to higher career positions;
and (3) security of tenure.
The Career Service includes:

1. Open Career positions for appointment to which prior qualification in an
appropriate examination is required;
2. Closed Career positions which are scientific of highly technical in nature; these
include the faculty and academic staff of state colleges and universities, and
scientific and technical positions on scientific or research institutions which shall
establish and maintain their own merit systems;
3. Positions in the Career Executive Service; namely Undersecretary, Assistant
Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Chief of
Department Service and other officers of equivalent rank as may be identified by
the Career Executive Service Board, all of whom are appointed by the President;
4. Career officers, other than those in the Career Executive Service, who are appointed
by the President, such as the Foreign Service Officers in the Department of Foreign
Affairs;
5. Commissioned officers and enlisted men of the Armed Forces which shall maintain
a separate merit system;

6. Personnel of government-owned or controlled corporations, whether performing
government or proprietary functions, who do not fall under the non-career service;
and
7. Permanent laborers, whether skilled, semi-skilled, or unskilled.
What is a Non-Career Service?

The Non-Career Service is characterized by (1) entrance on bases other than those
of usual tests of merit and fitness utilized for the career service; and (2) tenure
which is limited to a period specified by law, or which is co-terminus with that of
the appointing authority or subject to his pleasure, or which is limited to the
duration of a particular project for which purpose employment was made.
The Non-Career Service includes:

1. Elective officials and their personal or confidential staff;
2. Department heads and other officials of Cabinet rank who hold positions at the
pleasure of the President and their personal or confidential staff(s);
3. Chairman and members of the commissions and boards with fixed terms of office
and their personal or confidential staff;
4. Contractual personnel or those whose employment in the government is in
accordance with a special contract to undertake a specific work or job, requiring
special or technical skills not available in the employing agency, to be
accomplished within a specific period, which in no case shall exceed one year, and
performs or accomplishes the specific work or job, under his own responsibility
with minimum of direction and supervision from the hiring agency; and
5. Emergency and seasonal personnel.
What is permanent appointment?

A permanent appointment shall be issued to a person who meets all the
requirements for the position to which he is being appointed, including the
appropriate eligibility prescribed, in accordance with the provisions of laws, rules
and standards promulgated pursuance thereof.
What happens to a person issued an original permanent appointment?

A person issued an original permanent appointment shall serve probationary period
for six months during which he will undergo a thorough character investigation and
may be dropped from the service for unsatisfactory conduct or want of capacity.
This action is appealable.
What is a temporary appointment?

Temporary appointment is when there is an abscence of appropriate eligibles and
it becomes necessary in the public interest to fill a vacancy. Temporary appointment
shall be issued to a person who meets all the requirements for the position to which
he is being appointed except the appropriate civil service eligibility: provided, that
such temporary shall not exceed twelve months, but the appointee may be replaced
sooner if a qualified civil service eligible becomes available. They may be terminated
at any time even without cause. They have no fixed tenure.
What is the result if a person accepts temporary appointment?

A persons acceptance of a temporary appointment necessarily results in the
termination of official relations with his former permanent position, to which he
may not demand reinstatement if his temporary appointment is not renewed.
A temporary appointee acquires civil service eligibilty during his tenure as such, his
temporary appointment does not thereby automatically become permanent.
(Maturan v Maglana)
Distinguish between temporary and provisional appointments.

The Supreme Court, citing in the case an earlier case of Ata vs. Namocatcat,et al,
declared in Regis v Osmena as follows: A provisional appointment is one which may
be issued, upon prior authorization of the Commissioner of Civil Service in
accordance with the provisions of the Civil Service Law and the rules and standards
promulgated thereunder, to a person who has not qualified in an appropriate
examination but who otherwise meets the requirements for appointment to a
regular position in the competitive service, whenever a vacancy occurs and the
filling thereof is necessary in the interest of service and there is no appropriate
register of eligibles at the time of appointment. On the otherhand a temporary
appointment given to a non-civil service eligible is without a definite tenure and is
dependent upon the pleasure of the appointing power.
Distinction between a regular and ad interim appointment.

REGULAR AD INTERIM
Appointment is made during legilative Appointment is made during the recess
session
It is made only after the nomination is It is made before such confirmation
confirmed by th Commission on
Appointments
Once confirmed by the Commission on Appointment shall cease to be valid if
Appointments, continues until the end of disapproved by the Commission on
the term of the appointee Appointments or upon the next
adjourment of the Congress.
What is by-passed?
The appointment is deemed by-passed through inaction of, and so disapproved
impliedly by the Commission on Appointment.
What is policy-determining position?

A policy-determining position is one charged with the laying down of principal or
fundamental guidelines or rules, such as that of a head of a department.
What is a primarily confidential position?

A primarily confidential position is one which denotes not only confidence in the
aptitude of the appointee of the duties of the office but primarily close intimacy
which ensures freedom of intercourse without embarassment or freedom from
misgivings or betrayals of personal trust or confidential matters of state; or one
declared to be so by the President upon recommendation of the Civil Service
Commisiion.
What is a highly technical position?

A highly technical position, according to the Supreme Court in De los Santos v
Mallare, requires the appointeen thereto to possess technical skill or training in the
supreme or superior degree.
What is a promotion?
Promotion is defined as a movement from one position to another with increase in
duties and responsibilities as authorizaed by law and usually accompanied by an
increase in pay. The movement may be from one department or agency to another,
or from one organizational unit to another in the same department or agency.
Promotion is the advancement from one position to another with an increase in duties and
responsibilities as authorized by law, and usually accompanied by an increase in salary.
Apparently, the indispensable element for there to be a promotion is that there must be
an advancement from one position to another or an upward vertical movement of the
employees rank or position. Any increase in the salary should only be considered
incidental but never determinative whether or not a promotion is bestowed upon an
employee.
What is a next-in-rank rule?
Under this rule, the person next in rank shall be given preference in promotion
when the position is vacated. However, the law also permits the vacancy to be filled
by transfer of present employees, reinstatement, re-employment, or appointment
of persons with the appropriate civil service elligibility. In such case, the appointing
authority is required to specify the special reason or reasons for not appointing the
officer next-in-rank.
May an employee be compelled to accept a promotion?

There is no law that compels an employee to accept a promotion for simple reason
that a promotion is in the nature of a gift or reward, which a person has a right to
refuse.
Is nepotism allowed?
Nepotism, or favoritism toward relatives by the appointing authority, is prohibited.
The prohibition is coveres all appointments (and even designations) in the national,
city and municipal governments or in any branch or instrumentality thereof,

including government-owned or controlled corporations, made in favor of a relative
of the appointing or recommending authority, or the chief of the bureau or office,
or of the offices exercising immediate supervision over him. The relations covered
extend to the degree of consaguinity of affinity.
The Constititution likewise provides that spouses and relatives by consanguinity or
affinity within the fourth civil degree of the President shall not during his tenure be
appointed as Members of the Constitutional Commssion, or to the Office of
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus of
offices, including government-owned or controlled corporations and their
subsidiaries.
Are there exception?

The following are exempt from the nepotism rule:
(1) persons employed in a confidential capacity;
(2) teachers;
(3) physicians; and
(4) members of the Armed Forces of the Philippines.
In each of these particular instances, a full report of the appointment is required to be

made to the Civil Service Commission.
What is the purpose of prohibition?
The purpose of the prohibition against nepotism is to ensure that all appointments and
other personnel actions in the civil service should never depend on how close or intimate
an appointee is to the appointing power. The purpose is precisely to take out of the
discretion of the appointing or recommending authority the matter of appointing or
recommending for appointment a relative.
Are promotional appointmets that violates the prohibition against nepotism valid?
A promotional appointmet that violates the prohibition against nepotism is null
and void, and a void apopointment cannot give rise to security of tenure on the part
of the holder of such appointment.
Other Personnel Action
1) Promotion
2) Appointment through Certification
3) Transfer
4) Reinstatement
5) Detail
6) Reassignment
7) Reemployment
What is an appointment through certification to a position?

An appointment through certification to a position in civil service is issued to a
person who has been selected from a list of qualified persons certified by the
Commssion from an appropriate register of eligibles, and who meets all the other
requirements.
What is a transfer?
A transfer is a movement from one position to another which is of equivalent rank, level
or salary without break in service involving the issuance of an appointment. The transfer
may be from one department or agency to another or from one organizational unit to
another in the same department or agency. Any movement from the non-career service
to the career service is not considered a transfer.
An employee cannot be transferred unless for causes provided for by law and after due
process. An illegal transfer is tantamount to a removal without cause, except when an
officer is appointed at large, in which case he may be assigned or transferred to any
station, as he is not entitled to stay permanently to any specific station.
What is the remedy of an employee if he thinks he is illegaly transferred?
Under the law, any employee who questions the validity of the transfer should appeal to
the Civil Service Commission.
May a person be reinstated?
Any person who has been permanently appointed to a position in the career service
and who has, through no delinquency or misconduct, been separated therefrom,
may be reinstated to a position in the same level for which he is qualified.
What is a detail?
A detail is the movement of an employee from one agency to another without the
issuance of an appointment and shall be allowed, only for a limited period in the
case of employees occupying professional, technical and scientific positions. If the
employee believes there is no justification for the detail, he may appeal his case to
the Commission. Pending appeal,the decision to detail the employee shall be
executory unless otherwise ordered by the Commission.
May an employee be reassigned?
An employee may be reassigned from one oraganizational unit to another in the same
agency, provided that such reassignment shall not involve a reduction in rank, status or
salary. A reassignment with no definite period or duration is definitely violative of the
security of tenure of a government employee. A reassignment is tantamount to a floating
assignment that results in a dimunition of rank.
What is reemployment ?
Names of persons who have been appointed to positions in the career service and who
have been SEPARATED as a result of REDUCTION in force and/or REORGANIZATION, shall
be entered in a list from which selection of reemployment shall be made.
Separated not for a cause but as result of reorganization, separation pay and retirement
and other benefits; in lieu of separation pay, may be considered for employment.
What is a demotion?
A demotion is defined as the movement from one position to another involving the
issuance of an appointment with dimunition in duties, responsibilities, status or
rank which may or may not involve reduction in salary. It has been held that
demotions without cause is tantamount to removal.
What is the importance of personnel development plan?
To improve the attitude and competence of the civil service, each department or
agency is required to prepare a career and personnel development plan which shall
contain provisions for merit promotion , performance evaluation, in-service
training, including foreign and local scholarships and training grants, job rotation,
suggestions and awards system, and such other plans for for employess health,
welfare, counseling, recreation and similar services.
What are the grounds for the discipline of the members of Civil Service?
Among the grounds for the discipline of members of the Civil Service are dishonesty;
oppression; neglect of duty; misconduct; disgraceful and immoral conduct; being
notoriously undesirable; discourtesy in the course of official duties; inefficiency and
incompetence in the performance of official duties; conviction of a crime involving
moral turpitude; falsification of official documents; habitual drunkenness;
gambling; refusal to perform official duty or render overtime service; physical or
mental incapacitydue to immoral or vicious habits; and willful refusal to pay debts
or willful failure to pay taxes due to the government and even habitual tardiness.
Who has jurisdiction?
The Secretaries and heads of agencies and instrumentalities, provinces, cities and
municipalities shall have jurisdiction to investigate and dicide matters involving
disciplinary action against officers and employess under their jurisdiction.
Their decisions shall be final in case the penalty imposed is suspension for not more than
thirty days or a fine in an amount not exceeding thirty days salary.
In case the decision rendered by a bureau or office head is appealable to the Commission,
the same may be initially appealed to the department and finally to the Commission and
pending appeal, the same shall be executory except when the penalty is removal, in which
case the same shall be executory only after confirmation by the Secretary concerned.
The Civil Service Commission shall decide upon appeal all administrative disciplinary cases
involving the imposition of a penalty of suspension for more than thirty days, or a fine in
an amount exceeding thirty days salary, demotion in rank or salary or transfer, removal or
dismissal from office. A complaint may be filed directly with the Commission by a private
citizen against a government official or employee in which case it may hear and decide the
case or it may deputize any department or agency or official or group of officials to conduct
the investigation. The results of the investigation shall be submitted to the Commission
with recommendation as to the penalty to be imposed or other action to be taken.
What are cases involving the exclusive jurisdiction of the Civil Service Commission?
Disciplinary cases and cases involving personnel actions affecting employees in
the civil service, including appointment through certification , promotion, transfer,
reinstatement, demotion and separation are within the exclusive jurisdiction of the
Civil Service Commission, which is the sole arbiter of controversies relating to the
civil service.
PROCEDURE
First Stage
Filing of Complaint
Determining the existence of prima facie case
In case of a prima facie case In case no prima facie, the

exists, formal charged shall complaint shall be
be issued dismissed
Second Stage
Issuance of a Formal Charge
Filing of an Answer
Unsatisfactory Answer = Formal Satisfactory Answer = case

Investigation dismissed
Issuance of Preventive Suspension

Order, if necessary
Third Stage

Pre-hearing Conference
Formal Investigation
Decision
Guilty Not Guilty
Motion for Reconsideration of

Dismissal of Case
agency's decision
Appeal on Agency's Decision

with the CSC
Motion for Reconsideration of

CSC Decision
Petition for Review on

Certiorari with the Court of
Appeals
Petition for Review on Certiorari

with Supreme Court

A complaint against a civil service official or employee shall not be given due course
unless it is in writing and subscribed and sworn to by the complainant. However, in cases
initiated by the proper disciplining authority, the complaint need not be under oath.
May an anonymous complaint be entertained?
No anonymous complaint shall be entertained unless there is obvious truth or merit
to the allegations therein or supported by documentary or direct evidence, in which
case the person complained of may be required to comment.
Administrative proceeding
Administrative proceedings may be commenced against a subordiunate officer or

employee (or non presidential apointee) by the Secretary or head of office of
equivalent rank or head of local government chiefs of agencies or regional directors,
or upon sworn written complaint by any person.
What happens if there is a withdrawal of the complaint?
The withdrawal of the complaint does not result in its outright dismissal or discharge
the person complained of from any administrative liability.
Failure on the part of the respondent to submit his counter-affidavit shall be
considered as a waiver of said right.
Aconference may thereafter be held by the investigator, who may propound
clarificatory and other relevant questions.
The preliminary investigation shall commence within five days from receipt of the
complaint by the disciplining authority and shall be terminated within thirty days
thereafter. An investigation report is required to be submitted within five days from such
termination.
If a prima facie case is established during investigation, a formal charge shall be
issued by the disciplining authority. A formal investigation shall follow.
In the abscence of prima facie case, the complaint shall be dismissed.
A complainant may elevate the decision of the Civil Service Regional Office
dismissing a complaint for lack of a prima facie case before the Commission Proper through
a petition for review within fifteen days from receipt of said decision.

What are the contents of a formal charge?
The formal charge shall contain a specification of the charge(s), brief statement of
material and relevant facts, accompanied by certified true copies of the
documentary evidence, if any, sworn statements covering the testimony of
witnesses, a directive to answer in writing under oath in not less than seventy-two
hours from receipt thereof, an advice for the respondent to indicate in his answer
whether or not he elcts a formal investigation of the charges, and a notice that he
is entitled to be assisted by counsel of his choice.
Can there be a pre-hearing?
A pre-hearing conference may be conducted for the purpose of, among others,
providing for a stipulation of facts and the simplication of issues.
Are motions or request of postponements allowed?
Only three written motions or request of postponements shall be allowed. A fourth
request of postponement may be granted subject to the discretion of the
disciplining authority.
May a motion for reconsideration be allowed?
Only one motion for reconsideration shall be allowed and only on any of the following
grounds:
a) New evidence has been discovered which materially affects the decision rendered;
or
b) The decision is not supported by tjhe evidence on record; or
c) Errors of law or irregularities have been committed prejudicial to the interest of
the movant.
Only parties adversely affected by a decision may file a motion for reconsideration within
fifteen days from receipt of the decision.
What is an order of preventive suspension?
An order of preventive suspension may be issued to temporarily remove the
respondent from the scene of his misfeasance or malfeasance and to preclude the
possibility of exerting undue influence or pressure on the witness against him or
tampering of documentary evidence on file with his office.

It is merely a preliminary step in an administrative investigation and is not in any way the
final determination of the guilt of the official concerned.
Is not the penalty itself.
What are the two kinds of preventive suspension?

The two kinds of preventive suspension of civil service employees are;
1. Preventive suspension pending investigation; and
2. Preventive suspension pending appeal.
Procedure in preventive suspension

What is the effect if the charges filed are not proved?
If the charges are not proved by a preponderance of evidence, the case shall be
dismissed and the respondent reinstated with back salaries if preventively
suspended.
The Supreme Court clarified that an officer who has been lawfully suspended from his
office pending investigation is not entitled to compensation for the period during which he
was suspended even though it be subsequently determined that the cause for which he
was suspended was insufficient.
Employees who are considered preventively suspended pending appeal are entitled to
payment of their salaries if they are subsequently found innocent, especially if his aforesaid
preventive suspension exceeds ninety days, which is the maximum period allowed under
the law.
Appeal
The Civil Service Commission shall decide upon appeal all administrative disciplinary cases
involving the imposition of penalty of suspension for more than thirty days, or a fine in an
amount exceeding thirty days salary, demotion in rank or salary or transfer, removal or
dismissal from office.
The decision of the bureau or office shall be initially appealed to the department before it
is brought to the Civil Service Commission.
It shall be perfected within 15 days from the receipt of decision upon the filing of a notice
of appeal , and the submission of three copies of the appeal memorandum, proof of service
of a copy of the appeal memorandum upon the disciplining office, proof of payment of the
appeal fee and certification of non-forum shopping.
Can government employees form, join or assist in employees organization?
The Administrative Code of 1987 provides that all government employees, including
those in government-owned or controlled corporations with original charters,
except members of the Armed Forces of the Philippines, police officers, policemen,
firemen and jail guards, can form, join or assist employees organization of their
own choosing for the furtherance and protection of their interests.
Is there a need to register employees organization?
Government employees organization shall registered with the Civil Service
Commission and the Department of Labor and Employment, which shall jointly issue
the pertinent certificates of registration in favor of said organizations, which
thereafter, with the support of the majority of the employees in their respective
organizational units, shall be entitled to be designated as the sole and exclusive
representatives of the employees.


Public Officers LAW - Part 1 - Atty Diaz

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Public Officers LAW - Part 1 - Atty Diaz

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Chapter 1- THE CONCEPT OF THE PUBLIC OFFICE

What is Public Office?

What are the elements of a public office?

1. Created by law or by authority of law

What is an officer as distinguished from clerk or employee?

The creation and conferring of an office involves a delegation to the individual of

Borinaga Alith- CHAPTER 4-6 1

What is the characteristic of a public office?

What are the classifications of a public officer?

A public officer may be constitutional or statutory; national or local; legislative,

Borinaga Alith- CHAPTER 4-6 2

How is public officer chosen?

In appointment, the choice of the public functionaries is made by the particular

What is the legal meaning of appointment?

To whom the power of appointment is exercised?

The power of appointment is by nature executive and is vested by the Constitution

1. Heads of the executive departments.

Borinaga Alith- CHAPTER 4-6 3

To determine whether or not the appointee possesses the qualifications and

It is a mode of filling a public office, by which the enfranchised citizenry is able to

What are the qualifications of public officers?

Borinaga Alith- CHAPTER 4-6 4

What are the disqualifications?

General Disqualifications under the Constitution are the following:

Borinaga Alith- CHAPTER 4-6 5

What is a de facto officer?

1. Without a known appointment or election, but under such circumstances of reputation

What are the distinguishing characteristics of a de jure and de facto officer?

What are the requisites of de facto officership?

Borinaga Alith- CHAPTER 4-6 6

What are the effects of acts of de facto officer?

Is de facto officer entitled to salary?

Can a De Facto Officer be challenge? If yes. How?

The incumbency of the de facto officer may not be challenged collaterally or in an

Chapter 4-THE CIVIL SERVICE

Borinaga Alith- CHAPTER 4-6 7

What does the phrase with original charters mean?

What is a Civil Service Commission?

What composes the Commission?

What are the qualifications?

What is the term of office of Chairman and the Commissioners?

Borinaga Alith- CHAPTER 4-6 8

What is the general purpose of Civil Service Law (RA 2260)?

What is the scope of the Civil Service?

Borinaga Alith- CHAPTER 4-6 9

Are public charitable institutions under civil service?

What are the classifications of position in the Civil Service?

The Career Service includes:

Borinaga Alith- CHAPTER 4-6 10

What is a Non-Career Service?

The Non-Career Service includes:

What is permanent appointment?

What happens to a person issued an original permanent appointment?

Borinaga Alith- CHAPTER 4-6 11

What is a temporary appointment?

What is the result if a person accepts temporary appointment?

Distinguish between temporary and provisional appointments.

Distinction between a regular and ad interim appointment.

What is policy-determining position?

What is a primarily confidential position?

What is a highly technical position?

Borinaga Alith- CHAPTER 4-6 13

May an employee be compelled to accept a promotion?

Borinaga Alith- CHAPTER 4-6 14