Administrative Law Reviewer

CHAPTER I: INTRODUCTORY those “laws, decrees, orders, rules and
regulations, or portions thereof inconsistent

Q. What is Administrative Law? with this Code.”
A. Administrative Law embraces all the law Q. What is the administrative framework
that controls or is intended to control the of the Philippines?
administrative operations of government.
Broad scope of Administrative Law covers A. Government of the Republic of the
both internal and external administration. Philippines – corporate governmental entity
through which the functions of government
1. Internal considers the legal are exercised throughout the Philippines,
aspects of public administration as including, the various arms through which
a going concern. political authority is made effective in the
Philippines; the apex of the administrative
2. External refers to the legal framework of the Republic.
relations between administrative
authorities and private interests The Government includes agencies and
instrumentalities:
àChief concern of a. Agency – refers to any of the various
Administrative Law: protection of units of Government including a
private rights, the subject of which department, bureau, office,
is the nature and the mode of instrumentality, or GOCC, or a LGU.
exercise of administrative power
and the system of reliefs against b. Instrumentality – refers to any
administrative action. agency of Government NOT
INTEGRATED within the department
Q. What are the Kinds of Administrative framework, vested with special
Law? functions or jurisdiction by law,
endowed with some if not all corporate
A. Administrative Law is of four kinds: powers, administering special funds,
a) Statutes setting up administrative and enjoying operational autonomy
authorities usually through a charter
b) Body of doctrines and decisions Agencies and instrumentalities are either

dealing with the creation, operation incorporated or non-incorporated:
and effect of determination and a. Incorporated – are vested by law with
regulations of such administrative a juridical personality distinct from the
authorities personality of the Republic; may be
with our without capital stock (e.g.
c) Rules, regulations, or orders of NAPOCOR, NHA, PNOC)
such administrative authorities in
pursuance of the purposes for b. Non-incorporated – NOT vested with
which administrative authorities were a juridical personality distinct from the
created or endowed Republic, endowed by law with some if
not all corporate powers (e.g. Sugar
d) Determinations, decisions, and Regulatory Administration)
orders of such administrative
authorities in the settlement of Chartered Institution – refers to any
controversies arising in their agency of organized or operating under a
particular fields. specific charter and vested by law with
functions relating to specific constitutional
Note: The 1987 Administrative Code DID NOT policies or objectives; includes SUCs and BSP.
repeal or modify the Revised Administrative
Code and special legislations because what Administration – refers to the aggregate of
the 1987 Code repealed or modified are only those persons who perform the duties and
1 | BATTAD DIMALANTA M I R A N D A N A B O Y A S U A R E Z
exercise the powers in the administrative set- 1. To unclog court dockets
up of the government. 2. To meet the growing
complexities of modern society
Q. What is a public office? 3. To help in the regulation of
ramified activities of a developing
A. Public Office refers to the right, authority, country
and duty, created and conferred by law, by 4. To entrust agencies in special
which, for a given period either fixed by law or fields the task with dealing with special
enduring at the pleasure of the appointing problems
power, an individual is invested with some Basically, it’s for achieving the 3Es + R
porition of the sovereign functions of the (responsiveness)
government, to be exercised by that
individual for the benefit of the public. Public The most common types of administrative
office refers to two concepts: (1) as a bodies may be classified as follows:
functional unit of government (e.g. 1. Agencies created to function in
department, bureau) or (2) as a position held situations wherein the government is
or occupied by individual persons whose offering some gratuity or special
functions are defined by law. A public office is privileges (e.g. GSIS, SSS)
created by: (1) the Constitution (2) by law 2. Agencies set up to function in
or (3) by an officer or tribunal to which the situations wherein the government is
power to create such office has been seeking to carry out certain
delegated by the Legislature. The creation governmental functions (e.g. BI,
of public officers is primarily a legislative BIR, CSC, BSP)
function.
3. Agencies set up to function in
situations wherein the government is
Q. Who has the power to reorganize,
performing some business service
create or abolish offices?
(e.g. MWSS, PNR, Bureau of Posts)
A. The legislature usually exercises the power 4. Agencies set up to function in
to create or abolish by delegating it to the situations wherein the government is
President or to another executive officer or seeking to regulate business
body. The means by which the legislature affected with public interest (e.g.
makes the delegation is by authorizing Office of Insurance Commission, Patent
reorganization. Office)
5. Agencies set up to function in
Q. What is Reorganization? situations wherein the government is
seeking to adjust individual
A. Reorganization is the process of controversies because of some
restructuring the bureaucracy’s organizational strong social policy involved (e.g.
structure to make it more viable in terms of NLRC, Court of Agrarian Relations)
the 3Es (economy, efficiency and effectivity) 6. Agencies set up to function in
and make it more responsive to the needs of situations where the government is
its pubic clientele as authorized by law. The seeking to conduct investigations
legislative power to reorganize and to abolish and gather evidence for information,
officers applies to all offices except only those recommendation or prosecution of
created by the Constitution itself. crimes. (e.g. CHR, NBI, Prosecutor’s
Office)
Q. Why do we have administrative
agencies? CHAPTER II: POWERS OF
ADMINISTRATIVE AGENCIES
A. Administrative agencies are
government bodies charged with Q. What is the doctrine of separation of
administering and implementing particular powers?
legislations. Some Reasons why they are
needed:
A. As a rule, the doctrine of separation of Q. What are the kinds of powers of
powers prohibits the delegation of legislative public officials?
power, the vesting of judicial officers with
non-judicial functions, as well as investing of A. Public officials possess powers, not rights.
non-judicial officers with judicial powers. There must be a grant of authority, whether
HOWEVER, the doctrine of separation of express or implied, to justify any action
powers is NOT an iron-clad restriction against taken by them. There is no presumption that
delegation of powers. The principle has public officials are empowered to act. There
been made to adapt to the growing must be a delegation of authority, either
complexity of modern life. express or implied. In the absence thereof,
 Administrative agencies fall more they are devoid of power.
logically under the executive
department. They are granted by the Q. What do we mean by ministerial and
legislature with administrative, discretionary powers?
executive, investigatory, legislative, or
judicial powers or a combination, as A. A ministerial duty is one which is so
exceptions to the general rule against CLEAR and SPECIFIC as to leave no room for
delegation of power. the exercise of discretion in its performance.
It is one performed in a given state of facts, in
 Administrative agencies have powers a prescribed manner, in obedience to the
which are administrative and
mandate of legal authority, without regard to
sometimes ministerial as well as quasi-
his judgment, upon the act done.
legislative or quasi-judicial. They have
only such powers as are expressly
A discretionary duty is that which by its
granted by them by law and those
nature requires the EXERCISE OF JUDGMENT.
that are necessary implied in the
It is one where the law imposes a duty upon a
exercise thereof
public officer and gives him the right to
 The two most important powers are decide how or when the duty shall be
quasi-legislative (enables them to performed.
promulgate implanting rules and
regulations) and quasi-judicial Why is the distinction important?
(enable them to interpret and apply Remedies!
regulations).
 Ministerial duty à mandamus to
compel performance
Q. Is the vesture of powers liberally
construed?  Discretionary duty à a petition for
certiorari for grave abuse of
A. Yes. In determining whether an discretion amounting to lack of
administrative agency has certain powers, the jurisdiction (GADLEJ).
inquiry should be from the law itself and the
authority given should be liberally construed Note: Discretion entrusted to a public officer
in the light of the purposes for which it was may not, as a rule, be delegated. This is
created and that which is incidentally because the presumption is that the public
necessary to full implantation of the officer was chosen because he was deemed
legislative intent should be upheld as being fit and competent to exercise that judgment
germane to the law and discretion and unless the power to
substitute another in his place is given, he
The powers of administrative agencies cannot delegate his duties to another.
are either:
1. Express or implied Q. What do we mean by mandataroy and
2. Discretionary and permissive duties and powers of public
ministerial officials?
3. Directory and
mandatory A. The law defines whether a function or
power vested in an official or administrative
agency is mandatory or directory. A
mandatory statute is a statute which A. The President is the Chief Administrative
commands either positively that something Officer of the Government. Administrative
be done or performed in a particular way or power is an adjunct and is designed to
negatively that something be not done complement the effective exercise of
leaving the person no choice on that matter executive power vested in the President. It is
except to obey. inherent and can be implied from his
executive power.
A directory statute is a statute which is  Marcos v. Manglapus: Although the
permissive or discretionary in nature and 1987 Constituion imposes limitations
merely outlines the act to be done in such a on the exercise of specific powers of
way that no injury can result from ignoring it the President, it maintains intact, what
or that its purpose can be accomplished in a is traditionally considered within the
manner other than that prescribed and scope of executive power. The powers
substantially the same result obtained. of the President cannot be said to be
limited only to the specific powers
Q. Is the Government bound by errors of enumerated in the Constitution.
public officers?
Q. What is the President’s power of
A. In essence, the government can do no control?
wrong! The state authorizes only legal acts by
its officers. Unauthorized acts of officials are A. Section 17, Article 7, 1987
not acts of the state and action against the Constitution: The President shall have
officials by one whose rights have been control of all the executive departments,
violated by such acts is not a suit against the bureaus and offices. He shall ensure that the
state within the rule of immunity of suit. laws be faithfully executed. The power to
control means the power to alter, modify or
Similarly, an action against a state officer on nullify or set aside what a subordinate officer
the ground that while claiming to act for the had done in the performance of his duties and
state, he violates the rights of the plaintiff is to substitute his judgment with that of the
not a suit against the State within the latter. The power to control implies the right
constitutional provision that the state may not of the President to interfere in the exercise of
be sued without its consent. such discretion as may be vested by law in
the officers of executive departments,
An officer sued in his private capacity for acts bureaus or offices.
done beyond the scope of his authority
cannot invoke the doctrine of state immunity Q. What is the Doctrine of qualified
from suit. political agency?
A. Under the doctrine of qualified political
Q. What is the Presumption of agency, all executive and administrative
regularity? organizations are adjuncts of the Executive
Department, the heads of the various
A. Government officials are presumed to executive departments are assistants and
perform their functions with regularity and agents of the Chief Executive except in cases,
strong evidence is necessary to rebut the where the Chief Executive is required by the
presumption Constitution or law to act in person or the
exigencies of the situation demand that he
CHAPTER III: POWER OF CONTROL, act personally. The acts of a department
SUPERVISION AND INVESTIGATION Secretary are unless disapproved or
reprobate by the President are presumed to
PRESIDENT AS CHIEF EXECUTIVE AND be acts of the President.
ADMINISTRATIVE OFFICER
Q. What are the limitations on the
Q. What is the Executive power of the President’s control power?
President?
A. Generally, the power of control does not d) Determine priorities in the execution of
include: plans and programs
1. The abolition or e) Prescribe standards, guideliens, plans
creation of an executive office and programs
2. The suspension
or removal of career executive officials Also, administrative supervision is limited to
or employees without due process of the authority of the department to:
the law 1) Generally oversee the operations of
3. Setting aside, such agencies and insure that they are
modification, or supplant decisions of managed with 3Es
quasi-judicial agencies on contested 2) Require submission of reports
cases that have become final pursuant 3) Take such actions as may be
to law or to rules and regulations necessary for the proper performance
promulgated to implement the law of official functions
4) Review and pass upon budget
Q. What is the power of supervision? proposals but may not increase or add
to them.
A. The President’s power of control over “all
the executive departments, bureaus, and Note: The department secretary’s supervision
offices” implies that hey may not have the and control over all bureaus and officers
power of control over agencies which are not under his jurisdiction is limited to the bureaus
categorized as such. In regard to LGUs, the and officers under him, but does not include
Constitution provides that “the President shall attached agencies. Attachment refers to the
exercise general supervision over all local lateral relationship between the department
governments.” The Constitution limits the or its equivalent and that the attached agency
power to ensure that local officers are or corporation for purposes of policy and
administered according to law. The general program coordination. (e.g. NSO, NSCB, PIDS
supervision is exercised by the President as attached agencies of NEDA; PNP, BFP, BJMP
though the DILG secretary as attached agencies of DILG)
Control, supervision, and review by other POWER OF INVESTIGATION

executive officials
Q. What is the Executive power of
CONTROL SUPERVISIO REVIEW investigation?
N
Power to Only to see to Reconsiderati A. The President has the power to order the
alter, modify, it that on or re- conduct of investigation for a number of
annul, or set subordinate examination purposes, such as for all administrative
aside what a performs his to correct functions, rule-making, adjudication, and for
subordinate duties acts of purposes no more specific than illuminating
had done and according to subordinate obscure areas to find out what if any thing
to substitute law should be done
his judgment  Evangelista vs. Jarencio: An
administrative agency may be
Under the 1987 Administrative Code, authorized to make investigations, not
supervision and control include only the only in proceedings of a legislative or
authority to judicial nature, but also in proceedings
a) Act directly whenever a specific whose sole purpose is to obtain
function is entrusted by law or information upon which future action
regulation to a subordinate of a legislative or judicial nature may
b) Direct the performance of duty; be taken and may require the
restrain the commission of acts attendance of witnesses in
c) Review, approve, reverse, or modify proceedings of a purely investigatory
acts and decisions of subordinate nature.
officials
 The President’s investigatory power Investigatory powers of the
emanates from his power of Ombudsman?
supervision and control over all  The Office of the Ombudsman’s
executive departments, bureaus and authority to investigate any illegal act
officers, his power of supervision over or omission of any public officer or
LGUs, and his power of appointment of employee is broad enough to include
president appointees which are the investigation of any crime
conferred by the Constitution. committed by a public official.
 The power also comes from powers  The Constitution and the Ombudsman
delegated to him by the legislature. Act did not intend to confer upon the
Ombudsman veto or revisory power
 Section 64(c), Revised
over an exercise of judgment or
Administrative Code: to order,
discretion by an agency or office upon
when in his opinion the good of the
whom the judgment or discretion is
public service so requires, an
lawfully vested.
investigation of any action or
conduct of any person in the
Government service and in
connection therewith to designate
the official committee or person by
whom such investigation shall be CHAPTER IV: QUASI-LEGISLATIVE POWER
conducted.”
Q. Who has the legislative power?
Investigatory power as main function
A. Legislative power is the power to make,
 An investigatory body with the sole alter and repeal laws. Section 1, Article 6,
power of investigation does not 1987 Constitution: “the legislative power
exercise judicial functions and its shall be vested in the Congress of the
power is limited to investigating Philippines which shall consist of a Senate and
the facts and making findings in a House, except to the extent reserved to the
respect thereto. (e.g. CHR, NBI) people by the provision on initiative and
referendum.”
Q. How to determine whether body is
exercising judicial functions or merely Q. What is the doctrine of separation of
investigatory functions? powers?
A. Adjudication signifies the power and A. The doctrine of separation of powers
authority to adjudicate upon the rights and prohibits the delegation of PURELY
obligations of the parties before it. LEGISLATIVE power. These exclusively
 If the only purpose is to evaluate legislative powers consist generally of what
evidence submitted before it and the the law shall be, to whom it may be applied or
agency is not authorized to make a what acts are necessary to effectuate the law
final pronouncement, then it is merely is vested in the legislature and may not be
investigatory. delegated.
Carino vs. CHR: “The most that may be This means that the doctrine of separation of
conceded to the Commission in the way of powers does not absolutely prohibit
adjudicative power is that it may investigate. delegation of legislative power. The
But fact-finding is not adjudication and cannot Constitution, in fact, makes the delegation of
be likened to the judicial function of a court of legislative power to the President, Supreme
justice, or even a quasi-judicial agency or Court, and the LGUs
official. The function of receiving evidence
and ascertaining therefrom the facts of a Q. How is legislative power delegated to
controversy is not a judicial function, properly the President?
speaking.”
A. Sections 23(2), Article 6, 1987 orders matters of administrative
Constitution: In times of war or other detail or of subordinate or
national emergency, the Congress may, by tempory interest which only
law, authorize the president, for a limited concern a particular officer
period and subject to such restrictions as it or office of the Government
may prescribe, to exercise powers necessary Memorandum Acts of the President on
and proper to carry out a declared national circulars matters relating to internal
policy. Unless sooner withdrawn by resolution administration which the
of the Congress, such powers shall cease President desires to bring to
upon the next adjournment thereof.” the attention of all
departments for compliance
Section 28(2), Article 6, 1987 General or Acts and commands of the
Constitution: “The Congress may, by law, specific President in his capacity as
authorize the President to fix within specified orders Commander-in-Chief of the
limits, and subject to such limitations and AFP.
restrictions as it may impose, tariff rates,
import and export quotas, tonnage and Q. What is the power of the Supreme
wharfage dues and other duties or imposts Court?
within the framework of the national
development program of the Government.” A. Sec 5(5), Article 8, Constitution:
“promulgate rules concerning the protection
1987 Administrative Code also delegates and enforcement of constitutional rights,
to the President certain ordinance powers in pleadings, practice and procedure in all
the form of presidential issuances courts, the admission to the practice of law,
the Integrated Bar, and legal assistance to the
Q. What are Presidential issuances? underprivileged…” Complemented by
Section 30, Article 6, 1987 Constitution:
A. Presidential issuances are those which “No law shall be passed increasing the
the President issues in the exercise of his appellate jurisdiction of the Supreme Court as
ordinance power which includes: executive provided in this Constitution without its advice
orders, administrative orders, proclamations, and concurrence.”
memorandum orders, memorandum circulars,
and general or special orders. Important: As Q. Can there be a delegation of
a general rule, these issuances have the force legislative power to the local
and effect of laws. governments?
Executive Acts of the President A. Section 5, Article 10, 1987

Orders providing for rules of a Constitution: “the power to create its own
general or permanent sources of revenues and to levy taxes, fees
character in implementation and charges subject to such guidelines and
or execution of limitations as the Congress may provide,
constitutional or statutory consistent with the basic policy of local
powers. autonomy”
Administrativ Acts of the President which
e Orders relate to particular aspects Section 48, LGC: “Local legislative power
of governmental operations shall be exercised by the sangguniang
Proclamation Acts of the President fixing panlalawigan for the province; the
s a date or declaring a statute sangguniang panlungsod for the city; the
or condition of public sangguniang bayan for the municipality and
moment or interest, upon the sangguniang barangay for the barangay.”
the existence of which the
operation of a specific law Q. What do we mean by Rule-making
or regulation is made to power?
depend
Memorandum Acts of the President on
A. The term “rule” means any administrative A. Central Bank of the Philippines vs.
agency statement of general applicability that Cloribel: “As a general rule, notice and
implements or interprets a law, fixed and hearing are not essential to the validity of
describes the procedures in, or practice administrative action where the
requirements of, an agency, not affecting the administrative body acts in the exercise of
rights of, or procedure available to the public. executive, administrative, or legislative
 Rule-making means an agency functions; but where a public administrative
process for the formulation, body acts in a judicial or quasi-judicial matter,
amendment, or repeal of a rule. and its acts are particular and immediate
rather than general and prospective, the
 Rule-making of administrative person whose rights or property may be
agencies refers to the power to issue
affected by the action is entitled to notice and
rules and regulations which result from
hearing.”
delegated legislation in the
administrative level.
Q. What are the Kinds of rule-making
 Important: Rules and regulations power?
promulgated in pursuance of the
authority conferred upon the A. There are 3 types of rule-making powers of
administrative agency by law, partake administrative agencies:
of the nature of a stature. They have (1) Rule-making by reason of
the FORCE and EFFECT OF LAW. particular delegation of authority –
power to issue rules and regulations
Distinguished from quasi-judicial power which have the force and effect of law
 Rule-making or quasi-legislative (2) Rule-making by the construction
power operates in the FUTURE, rather and interpretation of a statute
than on past transactions and being administered – power of
circumstances and GENERALLY, rather administrative agencies to interpret
than particularly. They are of GENERAL and construe the statutes entrusted to
APPLICABILITY. them for implementation. The
 Quasi-judicial power or interpretation here is of three kinds:
adjudication means DETERMINATION a. Interpretation as incident of the
OF RIGHTS, PRIVILEGES AND DUTIES execution of law
by an administrative agency resulting b. Interpretation handed down by
in a decision or order which applies to the Secretary of Justice upon
SPECIFIC SITUATIONS or to SPECIFIC request of a government
PERSONS. They are based on PRESENT agency or official
or PAST FACTS. c. Interpretation in adversary
proceedings
Smart Communications vs. NTC: Quasi- (3) Determination of facts under a
legislative or rule-making power is the delegated power as to which a
power to make rules and regulations which statute shall go into effect – refers
results in delegated legislation that is within to the ascertainment of facts which will
the confines of the granting statute and the form the basis for the enforcement of a
doctrine of non-delegability and separability statute.
of powers. Quasi-judicial or administrative
adjudicatory power is the power to hear Q. How is legislative power delegated?
and determine questions of fact to which the
legislative policy is to apply and to decide in A. Delegation of Legislative power –
accordance with the standards laid down by refers to the grant of authority by the
the law itself in enforcing and administering legislative to administrative agencies to issue
the same law. rule and regulations concerning how the law
entrstued to them for implementation may be
Q. What is the right to notice and enforced. This delegated authority to issue
hearing? rules and regulations to carry out the
provisions of the statute is called the power dignity, public interest, public
of subordinate legislation. welfare, law and order, justice and
equity, public safety, greater
Q. What are the reasons for delegation? national interest, protection of local
consumers by stabilizing domestic
A. Reasons for delegation: increasing pump rates, promoting simplicity,
complexity of the task of government and the economy and efficiency in
growing inability of the legislature to cope government and fair and equitable
directly with the myriad problems demanding employment practices.
its attention.  Whether a standard is sufficient
or adequate depends upon the
Q. What cannot be delegated? nature of the statute involved, the
issues raised and the facts
A. To reiterate: The doctrine of separation of obtaining.
powers prohibits the delegation of that which
is PURELY LEGISLATIVE (the power to make Q. Can the standard fixed be enlarged or
the law, to determine the purpose and its restricted?
limits and to alter or repeal it).
A. No. Where the law sets the standards by
Q. What can be delegated? which the delegate may exercise the dlegated
power, the executive or administrative
A. Anything not purely legislative. It can agency concerned cannot add thereto and
delegate how the law shall be enforced, to justify the exercise of the delegated power on
issue rules to fill in details, to ascertain facts the basis of all such enlarged standards.
on which the law will operate, to exercise  Tatad vs. Sec. of DOE: Two factors
police power, and to fix rates. To be valid shall only be considered by the DOE in
however, the delegation has to pass the deregulating the downstream oil
completeness test and the sufficient industry: (1) declining oil prices and (2)
standard test: stable exchange rate. DOE failed to
follow the standards set by law when it
(a) Completeness test – the law must be considered the extraneous fact of
complete in all its terms and conditions depletion of the OPSF fund.
when it leaves the legislative such that
when it reaches the delegate the only Q. When is a standard insufficient?
thing he will have to do is to enforce it.
(b) Sufficient Standard Test – there A. A statute which prescribes no or
must be adequate guidelines or inadequate standards for the exercise of a
limitations in the law to map out the delegated legislative power and the rules
boundaries of the delegate’s authority issued by an administrative agency to
and prevent the delegation from implement the law are NULL AND VOID.
running riot.  Ynot vs. IAC: The EO (which prohibits
 The standard may be express transport of carabos from one province
(can be found in the statute) or to another) provides that the seized
implied (may inhere in its carabao shall be distributed to
subject matter or purpose). charitable institutionsas the Chairman
 The standard must be of the National Meat Inspection
reasonably adequate, sufficient Commission may see fit in the case of
and definite of the guidance of the carabeef and to farmers as the
administrative agency in the Director of Animal Industry may see fit
exercise of the power and also in the case of carabaos. The phrase
sufficient to enable those affected “may see fit” is an insufficient
to know their rights and obligations standard.
 Examples of standards held
as adequate: Simplicity and Q. When do rules take effect?
Q. What is the rule on prohibition
A. Section 2 of the Civil Code, as against re-delegation? Are there
amended by Section 18, Book I of the exceptions?
1987 Administrative Code, provides that:
“Laws shall take effect after 15 days following A. The general rule is that what has been
the completion of their publication in the OG delegated cannot be delegated (Reason: trust
or in a newspaper of general circulation, reposed in the delegate). Exception: He may
unless it is otherwise provided” (“otherwise subdelegate a particular function and seek
provided” means a shorter or longer period the aid of subordinates
may be fixed by law from publication)
Exception to the Exception: Express
Apart from publication, it is also required provisions of the law or by implication
that the rules and regulations be filed subdelegation is withheld.
with the UP Law Center (Chapter 2, Book
VII, 1987 Administrative Code) Q. How is rate-fixing power delegated?
Q. What do we mean by Delegation to A. The legislature usually delegates its rate-

ascertain facts? fixing power to administrative agencies for
the latter to fix the rates which public utility
A. This refers to the power of the companies may charge the public. This
administrative agency to determine some fact function is performed either by (1) issuing
or state of things upon which the law makes rules and regulations in the exercise of their
or intends to make, its own action depend or quasi-legislative power or (2) issuing orders
the law may provide that it shall become affecting a specified person in the exercise of
operative only upon the contingency of some its quasi-judicial power.
certain fact or event, the ascertainment of  The only standard for the guidance of
which is left to an administrative agency. the administrative authority in the
 Congress may delegate to an exercise of rate-fixing power is that the
administrative agency the power to rate be reasonable and just.
ascertain facts as basis to determine
when a law may take into effect of Q. When is rate-fixing quasi-legislative
whether a law may be suspended or and when is it quasi-judicial?
come to an end, in accordance with
the purpose or policy of the law and Quasi-legislative Quasi-judicial
the standard for the exercise of the When the rules and or When the rules and
power delegated. This is not rates laid down by an the rates imposed
delegation of what the law shall be, administrative apply exclusively to a
BUT how the law will be enforced, agency are meant to PARTICULAR party
which is permissible. apply to ALL based upon a finding
 Example of valid delegation to enterprises of a given of fact
ascertain facts: Tatad vs. Sec. of kind throughout the
DOE (may deregulate provided there country
is a state of declining oil prices and Notice and hearing Notice and hearing
stable exchange rate) are not required are required
 Example of invalid delegation:
People vs. Vera (on probation law, Q. What is the rule on the delegation of
the law left to the provincial board the power to fix rates?
when the law would take effect and
not the ascertainment of facts which A. The general rule is that the power
the enforcement of the law would delegated to an administrative agency to fix
depend upon) rates cannot be delegated to another.
Exception: if the law authorizes it
Q. What is Contemporary Construction?
government. The rule is that they are entitled
A. There is a DISTINCTION between an to consideration and the highest respect from
administrative rule or regulation and an the courts especially when such interpretation
administrative interpretation of a law whose is long continued and uniform or is
enforcement is entrusted to an administrative contemporaneous with the workings of the
body. statute.
Administrative Administrative Q. What is the reason?

Rule/Regulation Interpretation
In the exercise of its Merely interprets the A. Reason: because it comes from the
rule-making power law particular branch of government called upon
Has the force and Persuasive only; to implement the law; the need for certainty
effect of a valid law advisory and predictability in law; their competence,
Binding on courts Not binding on courts expertness, experience and informed
judgment.
Contemporaneous Construction is the
construction placed upon the statute by an Q. Can the legislature may, by action or
executive or administrative officer called upon inaction, approve or ratify such
to execute or administer such statute. contemporaneous construction?
Q. What are the three types of executive A. Yes. The legislature may, by action or
interpretation of the law? inaction, approve or ratify such
contemporaneous construction.
1. Construction by an executive or  Action: when it reenacts a statute
administrative officer directly called to previously given a
implement the law contemporaneous construction;
2. Construction by the Secretary of appropriation of money for the
Justice in his capacity as chief legal officer designated to perform a
adviser of the government task pursuant to an interpretation
3. Construction handed down in an of the statute.
adversary proceeding in the form of a  Inaction: where the legislature has
ruling by an executive officer knowledge of the construction and
exercising quasi-judicial power. did not repudiate it, its silence is
acquiescence equivalent to
Q. What is the Form of Interpretation? consent to continue the practice.
A. May take many forms (e.g. circulars, rules, Q. When is contemporaneous

opinions, directives). Comprehended under construction disregarded?
the term “administrative practice.” This A. The contemporaneous construction of a
includes any formal or informal act of the statute is neither binding nor controlling upon
administrative agency by which it construes, the court, the duty and power to interpret the
interprets or applies the law. law being primarily a judicial function. The
court may disregard contemporaneous
Q. Is publication is required? construction where (1) there is no ambiguity
in the law, (2) where the construction is
A. No clearly erroneous, (3) where strong reason the
contrary exists and (4) where the court has
Q. What is the weight accorded to previously given the statute a different
contemporaneous construction? interpretation.
A. In the absence of a previous judicial Q. Do erroneous construction creates

interpretation of a statute by the SC, courts rights?
will accord weight to construction by
administrative or executive departments of
A. The general rule is that an erroneous Q. What is a Quasi-judicial adjudication?
construction creates no vested right on the
part of those who relied upon, and followed A. The resolution of controversies is the
such construction raison d’etre of courts. This is accomplished
by:
Exception: in the interest of justice and fair
play (e.g. tax cases where an interpretative 1. Ascertainment of all the material and
circular is rendered and a taxpayer faithfully relevant facts from the
complies. The taxpayer may not be required pleadings and from the evidence adduced
to pay additional tax during the period said by the parties
circular had not been rescinded by a 2. By the application of the thereto to
subsequent circular correcting erroneous the end that the controversy may be
interpretation) settled authoritatively, definitely and finally
CHAPTER V: QUASI-JUDICIAL POWER The function requires:

1. Previously established rules and
Q. What is a quasi-judicial power? principles
2. Concrete facts, whether
A. Quasi-judicial – term applied to the past or present, affecting
actions or discretions of public administrative determinate individuals
officers or bodies required to investigate 3. Decision as to whether these
facts, or ascertain the existence of facts, hold facts are governed by the rules and
hearings, and draw conclusions from them principles.
as a basis for their official action, and to
exercise discretion of a judicial nature. This Q. What is adjudication?
definition includes an official exercising
quasi- judicial function shot of that of a judge A. Adjudication means an agency process
(e.g. public prosecutor) for formulation of a final order, which
presupposes compliance with such
Q. How do you determine whether act is requirements before such final order is
judicial or quasi-judicial? issued.
A. Look at the nature of the act to be Q. How do you distinguish adjudication

performed rather than of the office, board, or from administrative and quasi-
body which performs it. It is not essential that legislative functions?
proceedings are judicial in the senses of the
word when applied to courts of justice. It is A. Distinguished from administrative
enough that the officers act judicially in function
making their decisions.
Administrative body – tasked to
Q. Before a tribunal, board or officer ascertain facts, determine whether certain
may exercise judicial or quasi-judicial conclusions may be drawn therefrom by
acts, what are necessary? applying the law on the subject (e.g.
determination of probable cause)
A. It is necessary that (1) there be a law
that gives rise to some specific rights of An administrative body is not
persons or property under which adverse necessarily a quasi-judicial tribunal
claims to such rights are made, and (2) the because it lacks the second part of what
controversy ensuing therefrom is brought composes a quasi-judicial function: the
before the tribunal, board or officer application of the law to the end that the
clothed with power and authority to controversy may be settled which after the
determine what the law is and thereupon lapse of time, becomes executor and
adjudicate the respective rights of contending making the principle of res judicata
parties. applicable
Distinguished from copy of the award or decision by the
quasi-legislative parties.
functions
JURISDICTION
Quasi-judicial Quasi-Legislative
Determination of covers rules and Q. What is the definition of jurisdiction?
rights, privileges regulations of
and duties resulting general applicability A. Derived from two Latin words – “juris”
in a decision or order issued by the and “dico” – “I speak by the law”
affecting and named
Notice hearing administrative
Notice body not
and hearing to
Remedy: file with filed with the RTC:  Power or capacity conferred by the
the Court of Ordinary Constitution or by law to a court or tribunal to
Appeals via Rule 43 action of injunction, entertain, hear and determine certain
controversies, and render judgment thereon
Q. What are the reasons for creation of
quasi-judicial agencies?  Determined by the statute in
force at the time of commencement of
A. Created due to the need for active the action
intervention of administrative agencies in  Jurisdiction over subject matter –
matters calling for technical knowledge and nature of the cause of action and of the relief
speed in countless controversies which sought
cannot possibly be handled by regular courts.  Jurisdiction over the person of
 To unclog the dockets of the court to petitioner / plaintiff – acquired by filing
to enable it to decide more cases falling the initiatory pleading and paying the
within its jurisdiction required docket / filing fees
 Jurisdiction over the person of
Q. What is Arbitration? respondent / defendant –
acquired by the service of summons
A. Arbitration – is the reference of a or by his voluntary submission to the
dispute to an impartial third person for authority of the court or tribunal
determination on the basis of evidence and
arguments presented by the parties who Q. Rules are subject to whose regulation?
have bound themselves to accept the
decision. A. Supreme Court. All procedural rules,
a) Voluntary – referral of a whether issued by quasi-judicial agencies
dispute by the parties or embodied in statutes enacted by
pursuant to a voluntary Congress, are subject to alteration or
arbitration clause or agreement modification by the Supreme Court in the
to an impartial third person or exercise of its constitutional rule-making
panel for a final resolution. power.
b) Involuntary – compelled by the
government to accept the Q. What is a requirement to assume
resolution of the dispute jurisdiction over a case?
through the arbitration of a third A. A justiciable controversy
party Would require an assertion of a
right of a proper party against who, in
Example: In labor cases, voluntary turn, contests it. It is one substituted by
arbitrators have original jurisdiction over and against parties having interest in the
the interpretation or implementation of the subject matter appropriate for judicial
collective bargaining agreement and the determination predicated on a given state
interpretation or enforcement of company of facts.
policies, as well as, upon agreement of the  That controversy must be raised by
parties, over other labor disputes; Makes the party entitled to maintain the
the award or decision which becomes final action.
after a certain period from receipt of the
 GR: When authority is
Q. How are proceedings instituted? conferred by law upon an
A. administrative officer or any non-
 The proceedings are instituted by judicial person, committee or other
the FILING OF A COMPLAINT OR PETITION body to take testimony or evidence,
which alleges the facts and the reliefs such authority INCLUDES the power
sought. to issue subpoena and subpoena
duces tecum and to punish for
 Where applicable, the complaint must
contempt violation thereof
be verified with the use of an affidavit
 Subpoena is a process directed to a
attesting to the contents therein are true and
person requiring him to attend and
correct to his knowledge and belief.
testify at the hearing or trial of the
 Since the rule against forum- action or at any investigation.
shopping applies to quasi- judicial agencies,  Subpoena duces tecum is an
the complaint should also contain a order to produce specified
certification under oath that complainant: documents, which are relevant and
a) has not filed any claim involving material to the issue.
the same issues in any other  The subpoena meets the requirements
court for enforcement IF:
b) if filed elsewhere, the present o The inquiry is within the
status thereof authority of the agency
c) if he thereafter learns that the o The demand is not
same action has been too definite
filed/pending, shall report such o Information is
fact within 5 days. reasonably relevant
 Subpoena, subpoena duces tecum
Q. What is forum shopping?
and contempt are only
available for exercise by the
A. Forum Shopping is the improper practice
administrative agency in its exercise
of:
of quasi-judicial power and not its
a) Going from one court to
administrative or ministerial
another in the hope of
functions.
securing favorable relief in one
court which another court has
Q. What is the hierarchy of evidence
denied
values
b) The filing of repetitious suits
A.
in different courts concerning
1. Proof beyond reasonable
substantially the same subject
doubt – (criminal cases) the
matter.
logical result of evidence on
record, exclusive of any other
Q. How to test whether a party has
consideration, or moral certainty
violated the rule against forum
or that degree of proof which
shopping?
produces conviction in an
unprejudiced mind
A. There is forum shopping when:
2. Clear and convincing –
 Same cause of action degree of proof which will
 Same issues produce in mind of trier of facts a
 Same parties firm belief or conviction as to the
allegations sought to be
 Same subject matter
established
 Filed in two different fora/courts 3. Preponderance of evidence –
(civil cases) evidence which is of
Q. What are the rules on subpoena and greater weight or more
contempt of court?
A.
convincing than that which is 1. Right to a hearing which includes the
offered in opposition to right to present one’s
4. Substantial evidence – case and submit evidence
(administrative proceeding) in support thereof
evidence as a reasonable mind 2. The tribunal must consider the
might accept as adequate to evidence presented
support a conclusion. Less than 3. The decision must have something to
preponderance. support itself
4. The evidence must be substantial
SUBSTANTIAL EVIDENCE is required to 5. The decision must be based on the
support a decision in a contested case in an evidence presented
administrative proceeding. 6. The tribunal or body of any of
its judges must be independent
Q. What are rules on delegation? 7. The body should in all controversial
questions, render its
A. Delegation of quasi-judicial power decision in such manner that the
parties to the proceeding can know
GR: The power conferred upon an the various issues involved, and the
administrative agency to issue rules and reason for the decision rendered.
regulations necessary to carry out its 8. The officer or tribunal who are
functions has been held to be an adequate impartial and with competent
source of authority to delegate a particular jurisdiction
function
Q. When are Prior notice and hearing
Exception: unless by express provision of required?
the law or by implication it has been
withheld. A. GR: Prior notice and hearing are
necessary only where the law requires.
DUE PROCESS IN QUASI-
JUDICIAL PROCEEDINGS When is prior notice and hearing not
required: In the exercise of police power
UNLESS the applicable law provides (ex.
Q. What are two concepts of
Abatement of a public nuisance, no need for
Due process in Quasi-
proceeding or prior notice or hearing)
judicial proceedings?
ALSO in cases:
A. Generally, due process consists of two o When there is an urgent need for
concepts: immediate action
a) Substantive – is responsiveness (e.g. preventive suspension)
to the supremacy of reason, o Where there is tentativeness of
obedience to the dictates of administrative action where
justice or otherwise put, freedom respondent is not precluded from
from arbitrariness, which requires enjoying the right to notice and
that the law itself is fair, hearing at a later time (e.g. levy
reasonable and just. of property of a delinquent tax
b) Procedural – involves notice and payer)
hearing, which refers to the o When the twin rights have
method or manner by which the previously been offered but the
law is enforced, as well as the right to exercise them had not
guarantee of being heard by an been claimed.
impartial and competent tribunal. Notice is a minimum requirement in
summary dismissal (e.g. summary
Q. What are the Cardinal primary dismissal proceedings against erring police
requirements of due process? officers)
A.
Q. When is an instance where there is no  The time provision of 30 days is
denial of due process? construed as DIRECTORY, not mandatory, so
that the failure to decide the case within
A. A party who has been notified of the 30 days does not deprive it of
hearing BUT failed to attend the same or jurisdiction to thereafter resolve it
refrained from participating in the agency nor render such decision invalid
proceedings cannot complain that he has
been denied due process. Reason: less injury results to the
general public in disregarding than
Q. Where should enforcing the letter of the law and to rule
decision be based? otherwise will be to make quasi-judicial
agencies refuse to render judgment merely
A. Substantial evidence - Another on the ground of having failed to reach
cardinal requirement of due decision within the prescribed period. But
process in administrative adjudication is failure to decide case within said period may
that the decision must be rendered on the render quasi-judicial officer administratively
evidence presented at the hearing or at liable.
least contained in the record and disclosed
to the parties affected. Absent such Q. Should decision be published?
substantial evidence, the decision is VOID.
A. Every agency shall publish and make
Q. Is right to counsel a due available for public inspection all decisions
process requirement or final orders in the adjudication of
A. No contested cases.
Lumiqued v. Exevea: While investigations Q. Are final decisions reviewable?
conducted by an administrative body may at
times be akin to a criminal proceeding, the A. No. A final resolution or decision of an
fact remains that under existing laws, a administrative agency binds the parties and
party in an administrative inquiry may or also the Office of the President (OP) even if
may not be assisted by counsel, irrespective such agency is under its administrative
of the nature of the charges and of the supervision and control.
respondent’s capacity to represent himself  What had already been terminated
and no duty rests on such a body to furnish should not be disturbed.
the person being investigated with a counsel.  Section 7, Administrative Order
18: Decisions, resolutions,
DECISION, APPEAL AND orders of the OP shall, except as
JUDICIAL REVIEW otherwise provided for by special
laws, become final after the lapse of
15 days from receipt of a copy
Q. What is the Period to render thereof by the parties unless a
decision? motion for reconsideration thereof is
A. filed within such period.
 Section 14, Book 7, 1987  When the decision of the OP has
Administrative Code: “agency shall decide become final and executor pursuant
each case within 30 days following its to its rule of procedure, it can no
submission.” longer change or modify its decision.
 A case is deemed submitted for
decision after both parties shall have Q. What is Administrative Review?
concluded presentation of their evidence or A.
upon the filing of their respective  Review – is a reconsideration or
memoranda, if required or if they ask and the re-examination of a decision or
same is granted. ruling of a subordinate officer by
a superior officer or higher 1. When there are supervening
administrative agency. events which make it imperative
 The power of review is exercised in the higher interest of justice to
to determine whether it is modify said judgment especially if
necessary to correct the acts of a no private individual will be
subordinate and to see to it that prejudiced by overturning the final
he performs his duties in judgment.
accordance with law . 2. Where res judicata has been waived
 This power must be exercised or has not been timely raised as a
sparingly and only upon clear defense
showing of error: 3. Where the application of the
o GR: Evidence not formally principle under the particular facts
submitted during the hearing obtaining would amount to a denial
of an administrative agency of justice
may not be submitted for the
first time, on appeal, and the Q. Do agencies have power to issue
reviewing administrative body writ of execution to enforce judgment?
may not consider it. A. Yes. GSIS vs. CSC: “The authority to
o Exeception: When an issue decide cases is inutile unless accompanied
is not raised before the lower by the authority to see that what has been
administrative agency and decided is carried out. Hence, the grant to a
evidence on connection was tribunal or agency of adjudicatory power or
not presented BUT which issue the authority to hear and adjudge cases
was resolved by the latter in should normally and logically be deemed to
its decision. include the grant of authority to enforce or
execute the judgments it thus renders,
Q. What is the presumption of legality unless the law otherwise provides.”
for agencies?
A. In short, unless the law otherwise
 The legal presumption that official provides, the agency promulgating the
duty has been duly performed is decision has the implied power to issue a writ
strong as regards acts of quasi- of execution to enforce its decision.
judicial agencies in connection with
the enforcement of laws affecting Q. What is the Nature and Scope of the
particular fields of activity, proper doctrine of primary jurisdiction?
regulation of which requires special A.
training, aside from good knowledge  It requires that a plaintiff should
and grasp of conditions relevant to first seek relief in an
said field. administrative proceeding before
Q. Does res judicata apply in non-court he seeks a remedy in court, even
proceedings? though the matter is properly
presented in the court, which is
A. Yes.The doctrine of res judicata applies within its jurisdiction.
to judicial or quasi - judicial proceedings  The court cannot or will not
(not to the exercise of administrative determine a controversy involving a
powers). The doctrine applies to decisions or question within the jurisdiction of an
orders of administrative agencies that have administrative tribunal:
become final. Such decisions or orders are 1. where the question
CONCLUSIVE upon the rights of the affected demands administrative
parties as thought the same had been determination requiring
rendered by a court of general jurisdiction. special knowledge,
experience, and services of
Q. When is res judicata disregarded the administrative tribunal
A.
2. where the question requires  It in turn entails the growing
determination of technical application of the doctrine of primary
and intricate issues of fact and jurisdiction.
3. where uniformity of ruling is
essential to comply with the
 The application of the doctrine of
primary jurisdiction, however, does not call
purposes of the regulatory
for the dismissal of the case, it need only be
statute administered.
suspended until after the matters within the
 In cases where doctrine of primary
competence of the administrative agency
jurisdiction is clearly applicable, the
concerned are threshed out and determined.
court cannot arrogate unto itself the
authority to resolve a controversy,
Q. When does doctrine not apply?
the jurisdiction over which its initially
lodged with an administrative body
A. When the administrative agency has
of special competence.
no jurisdiction, the doctrine does not
apply. (e.g. The question of legality of
Q. How do you distinguish it from
closure of a passage way inside a forest area
exhaustion of administrative remedies?
and the consequent damages arising from
such closure are issues beyond the
A. The exhaustion of administrative
competence of the Bureau of Forest
remedies applies where a claim is
Development to resolve and the order of the
cognizable in the first instance by the
trial court requiring reference of the issues to
administrative agency alone, judicial
said administrative agency is valid.
interference being withheld until the
administrative process has run its course
Q. What is the Doctrine of Exhaustion of
and the agency action is ripe for review
Administrative Remedies?
while doctrine of primary jurisdiction
applies where a claim is originally
A. As a general rule, recourse through
cognizable in courts, the judicial process
court action cannot prosper until all
being suspended being referral of certain
remedies have been exhausted of the
issues to the administrative agency fir its
administrative level. The aggrieved party
views.
must not merely initiate the prescribed
administrative procedures to obtain relief but
As in the doctrine of exhaustion of
must pursue them to their appropriate
administrative remedies, non-compliance
conclusion before seeking judicial
with the doctrine of primary jurisdiction is
intervention.
not jurisdictional, and the failure to timely
object thereto amounts to a waiver thereof
Q. What is the effect of Failure to
and justifies the court to proceed to
exhaust remedies?
conclusion.
A. It will deprive the complainant of a cause
Q. What is the purpose of doctrine of
of action, which is a ground for a motion to
primary Jurisdiction?
dismiss. If not invoked at the proper time,
A.
this ground is deemed waived and the court
 To give the administrative agency the can take cognizance of the case and try it.
opportunity to decide the controversy by
itself but also to prevent unnecessary and Q. What are reasons for the rule?
premature resort to the court.
 One of the thrusts of the A. It ensures an orderly procedure which fav
multiplication of administrative agencies is ors a preliminary shifting process,
that the interpretation of contracts and the particularly with respect to matters peculiarly
determination of private rights thereunder is within the competence of the administrative
no longer a uniquely judicial function agency, avoidance of the interference with
exercisable only by regular courts. functions of the administrative agency by
withholding judicial action until the
administrative process had run its course,
and prevention of attempts to swamp the Not applicable where public interest
courts by a resort to them in the first requires immediate court resolution.
instance.
Arrow Transpo. Corp. v. Board of
It rests on the presumption that the Transportation – doctrine of exhaustion of
administrative agency if afforded a administrative remedies may be overlooked
complete chance to pass upon the matter, where public interest requires immediate
will decide the same correctly. resolution of the issue raised.
If the error is rectified, judicial intervention Not applicable where administrative act
would then be unnecessary. It is intended is a nullity.
to provide less expensive  Begosa v. Chairman –
doctrine of exhaustion of
Q. What are exceptions to the rule, administrative remedies does not
generally? come into play where the acts of the
quasi-judicial agency are patently
A. Generally, doctrine of exhaustion of is illegal.
disregarded (Paat vs. Court):
a) when there is a violation of due Not applicable where administrative
process remedy is not adequate.
b) when the issue involved is purely a  Marinduque Iron v. Secretary of
legal question Public Works and Comm. – where
c) when the administrative action is the decision of the department
patently illegal amounting to lack or secretary is, by law, executor after a
excess of jurisdiction certain fixed period, the aggrieved
d) when there is estoppels on the part party need not exhaust
of the administrative agency administrative remedy as an appeal
concerned to the President will not be sufficient,
e) when there is irreparable injury adequate and expeditious to grant
f) when the respondent is a him relief as a judicial relief, such as
department secretary whose acts as a writ of preliminary injunction.
an alter ego of the President hears
the implied and assumed approval of Not applicable where judicial relief is
the latter required to prevent violence.
g) when to require exhaustion of  Bueno v. Patano –
administrative remedies would be Considerations of public order
unreasonable must transcend the administrative
h) when it would amount to nullification issue of conflict of boundaries, and
of a claim only courts have the weapon to
compel the parties temporarily or
i) When the subject matter is a private
perpetually by means of injunction,
land in land cases or proceedings
to maintain peace.
j) When the rule does not provide
a plain speedy and adequate
Not applicable apply where agency acted
remedy
with no jurisdiction.
k) There are circumstances indicating
 Continental marble v. NLRC –
the urgency of judicial
exhausting is not necessary where
intervention the agency acted without jurisdiction
l) When no administrative review is or with grave abuse of discretion in
provided taking cognizance of a belated
m) Where the rule of qualified political appeal from a decision of a lower
agency applies, and level administrative body which had
n) When the issue of non-exhaustion become final and thereafter reversing
has been rendered moot. it.
Not applicable where issue is purely
Not applicable where there is yet no legal.
administrative order.  Appeal to the administrative
 Datiles and Co. v. Sucaldito – officer of orders involving
it is assumed that the questions of law would be an
administrative body may correct its exercise in futility since
mistake, may amend its decision, administrative officers cannot decide
order or act; and if there is no such issues with finality; only the
decision, act or order, final in courts can.
character, and at issue is whether or
not the investigation to be conducted Not applicable where administrative
by an administrative officer is within remedy is permissive.
his competence, then a suit for  Permissive means the statute
prohibition may lie against said warrants the conclusion that the
administrative officer. legislature intended to allow the
judicial remedy even though the
Not applicable where there is estoppel. administrative remedy has not been
 Estoppel is in the part of the party exhausted.
invoking the doctrine or on the part
of the administrative agency Not applicable where doctrine will
concerned, like when it led the result in nullification of claim.
aggrieved party to believe that only a  Also not applicable where the
court ruling would be accepted by it administrative agency has no power
(Vda. de Tan v. Veterans Backpay). to grant the relief sought in civil
action, such as the claim for
Not applicable where there is urgency or damages.
irreparable damage.
 Aquino v. Luntok – doctrine is not Not applicable in quo warranto cases.
applicable when a writ of preliminary  This is because the remedy of
injunction is sought in which the exhaustion are neither
petitioner has shown that there is prerequisite to nor bar the institution
substantial controversy between the of quo warranto proceedings.
parties and the respondent is committing Furthermore, Public interest requires
an act that will cause irreparable injury or that the right to a public office
destroy the status quo before a full should be determined as speedily as
hearing can be had on the merits of the practicable.
case, which relief may not be available
in the administrative proceedings. Not applicable where there is no law
requiring remedies.
Not applicable where qualified political  However, his action should be a
agency doctrine applies. petition for certiorari (Rule
 This is when department secretaries 65), instead of an appeal by petition
are alter egos of the President, therefore, for review under Rule 43.
presumed to be acts of the President,
unless disapproved by the President. Not applicable where agency has no
 Rule 43 – appeals to the CA of the jurisdiction.
decisions or final orders of the Office of  Example is where the land in dispute
the President (quasi-judicial powers) is has already been titled as private
premised that the petitioner had land (being previously a public land),
appealed the decision of the department therefore, Bureau of Land does not
secretary to the Office of the President. have jurisdiction anymore because it
 However, if qualified political agency has jurisdiction only on public lands.
applies, Rule 65 applies where
petition is for certiorari for GADLEJ. CHAPTER VI
JUDICIAL REVIEW, GENERALLY nature of the questioned act or
ruling.
Q. What is judicial review?  Where what is questioned is an
act performed by an administrative
A.Judicial Review is the re-examination or agency in the exercise of purely
determination of an act, rule or decision of executive or administrative functions,
an executive, or administrative agency or the judicial remedy, as a general
quasi-judicial body, by the courts in the rule, is to file the appropriate court
exercise of their judicial power in an action before the court of general
appropriate case instituted by a party jurisdiction (Regional Trial Court);
aggrieved thereby as to whether the however, the rule is otherwise when
questioned act, rule or decision has been the act complained of forms part of
validly or invalidly issued or whether the its quasi-judicial functions.
same should be nullified, affirmed, or
modified. LIMITATIONS ON
 The Courts may determine the JUDICIAL REVIEW
legality or propriety of the exercise Limitations,
of discretion by the political generally.
departments of the government,  Purely Administrative and
through Judicial Review. Discretionary functions may not be
interfered with by the courts.
Q. What are Subject to Review?  In general, courts have no
A supervising power over the
 Any Agency Action is subject to proceedings and actiosn of the
judicial review in an appropriate administrative departments of the
case. Agency Action includes the government.
whole or part of any agency rule,  Administrative proceedings may be
order, license, sanction, relied, or its reviewed by the courts
equivalent, or denial thereof. upon a showing that the board or
 It may be either: official has gone beyond his statutory
1. Non-Judicial – Consists of authority, exercised unconstitutional
purely administrative or powers or clearly acted arbitrarily
executive acts and rules and and without regard to his duty or with
regulations; or grave abuse of discretion or that the
2. Quasi-Judicial – Includes final decision is vitiated by fraud,
orders or decisions rendered by imposition, or mistake.
the agency in the exercise of its  Exercise of review power is subject to
quasi- judicial power. certain guideposts.
 It is the Nature of the act done that
dictates the remedy for Q. What are the principles for judicial
judicial review of rules and regulations?
recourse.
A. Court is free to make three inquiries:
1. Whether the rule is within the
delegated authority of he
 Where the law is silent as to administrative agency;
whether judicial review is available, 2. Whether it is
the remedies that may be availed reasonable; and
of are the special civil actions of 3. Whether it was issued
certiorari, prohibition, and/or pursuant to proper procedure.
mandamus under Rule 65 of the However, the Court is not free to substitute
Rules of Court. its judgment as to the desirability of
 Where there is no law, or the statute administrative judgment. court, when
is silent, the specific remedy to file
and where to file it depends on the
confronted with an interpretative rule, is project, or mining, fishery, forest, or
free to: other natural resources), because to
1. Give the force of allow courts to judge these matters
law to the rule; could disturb the smooth functioning
2. Go towards the opposite extreme of the administrative machinery.
and substitute its judgment; or
3. Give some intermediate degree Q. Can there be judicial review of
of weight to the interpretative presidential discretion?
rule. A. Generally, no.
Q. Is there judicial review of Discretion means the power or right

administrative decisions, conferred upon the officer by a law or acting
generally? officially under certain circumstances
according to the dictates of his own judgment
A. Administrative and Discretionary and conscience and not controlled by the
functions may not be interfered with by judgment or conscience of others.
the courts. General rule is that courts have
no supervisory power over the proceedings Llamas vs. Orbos: When the issue
and actions of the administrative involved concerns the validity of the
departments of the government. discretionary powers or whether the said
powers are within the limits prescribed by the
Interference with administrative Constitution, the SC may exercise its power of
discretion, to be avoided. judicial review.
Generally, the courts will not interfere in Political Question means a question of
matters which are addressed to the sound policy. It refers to those questions which,
discretion of government agencies entrusted under the Constitution, are to be decided by
with the regulation of activities coming under the people in their sovereign capacity, or in
the special technical knowledge and training regard to which full discretionary authority
of such agencies. has been delegated to the executive branch
Garcia vs. BOI: The Court nullified, in this of the government.
case, nullified the BOI ruling approving the
transfer of the petro-chemical plant from Q. How do you distinguish a
Bataan to Batangas and authorizing the petition for review and petition
change of feedstock from naphtha only to for certiorari?
naphtha and/or LPG as having been issued
with grave abuse of discretion, solely on the Petition for Review – Under Rule 43, it is an
ground that investor has the final say on the ordinary appeal
question. from a final order or decision of a quasi-
judicial body to the Court of Appeals.
Q. Can there be judicial interference in Involves Question of fact, or of law, or a
technical matters? mixture of fact and law.
A. Generally, no. Petition for Certiorari – Under Rule 65, it

 The prohibition dictated by the is a special civil action. Involves GADLEJ.
decree pertains to the issuance by
courts of injunction or restraining Q. How is appeal taken?
orders against administrative acts on
controversies which involve facts or A. Appeal shall be taken by filing a verified
exercise of discretion in technical petition for review in seven (7) legible copies
cases (P.D. No. 605 – Grants of with the Court of Appeals, with proof of
Concession Licenses of any kind in service of a copy thereof on the adverse
connection with the country’s natural party and on the court or agency a quo.
resources; P.D. No. 1818 –
Controversies involving infrastructure
Q. What is in the certificate against 3. Inference made by the quasi-judicial
forum shopping? agency from its findings of fact is
manifestly mistaken
A. It should state that petitioner has 4. Grave abuse of discretion in the
not theretofore commenced any other appreciation of facts
action involving the same issues in the 5. Admin. agency goes beyond issues of
Supreme Court, the Court of Appeals, or the case
different divisions thereof, or any other 6. Judgment of admin. agency – premised
tribunal or agency. on misapprehension
of facts
If there is such other action or proceeding, he 7. Admin. agency fails to notice certain
must state the status of the same. If he relevant facts
should thereafter learn that a similar 8. Finding of facts themselves are
action or proceeding has been filed or is conflicting
pending before the SC, the CA, or, different 9. Findings – w/o citation of specific
divisions thereof, he shall promptly inform the evidence
aforesaid courts and other tribunal or agency 10. Findings are premised on absence
thereof within five (5) days therefrom. of evidence – findings contradicted
by evidence on record appellant may
Q. What is the effect of Failure to stay the execution
comply with requirements. o Ex. Issuing a status quo order,
writ of preliminary injunction
A. It shall be a sufficient ground for
dismissal thereof. PETITION FOR CERTIORARI,
Substantial Compliance with the PROHIBITION, AND MANDAMUS
requirements will amount to the petition
being given Due Course.
Q. What is petition for certiorari,
generally?
Q. What is the rule on substantial
evidence rule? Are findings are
generally binding? A. Rule 65 of Rules of Court – mode of
judicial review of orders,
A. The Court will then decide whether to rulings and decisions of quasi-judicial
dismiss petition or give it due course. If it agencies
decides to dismiss the petition, it is usually in o Certiorari
the form of a minute resolution. If petition is o Prohibition
given due course, the Court will render a full- o Mandamus
length decision on the merits of the case. Section 1 – petition in
case of GADLEJ of
Executive decisions are conclusive on tribunal/board/officer
questions of fact and not subject to review in
the absence of: Certiorari – special civil action
o Fraud directed against any tribunal/board/officer
o Imposition exercising judicial or quasi-judicial functions
o Mistake other than error which is alleged in a verified petition to
have acted GADLEJ, there being no appeal
Q. What are the exceptions to nor any plain, speedy and adequate remedy
substantial evidence rule? in the ordinary course of law.
o Sole office of writ of
1. Conflicting findings of initial fact- certiorari is correction of
finding agency and admin. agency errors of jurisdiction including
2. Findings – grounded entirely on GADLEJ
speculation, surmises, or o Correct errors of jurisdiction
conjectures and not errors of judgment
o Granted to keep inferior o General Rule – when appeal
court w/in bounds of is available as a
jurisdiction remedy, certiorari cannot be
availed of
Generally: when lower court has no 
jurisdiction over subject matter,
orders/decisions , they may not be corrected Exceptio
by certiorari but by appeal ns
o Exceptions:  Public
 public welfare and the welfare/advancem
advancement of public policy so dictate ent or public policy
 broader interest of  broader interests
justice so require of justice
 writs/orders issued
 writs issued are null
= null and void
and void or amount to an oppressive
 order amounts
exercise of judicial authority
to an
 appeal is satisfactorily oppressive
shown to be an inadequate remedy exercise of judicial
authority
Q. What is the purpose of certiorari o General Rule – certiorari
cannot be used to
A. annul/modify questioned act/ruling substitute lapsed appeal
o annul void proceedings  Exception – when rigid
o prevent unlawful/oppressive application will
exercise of legal authority result in
o provide for a fair/orderly manifest failure
administration of justice or miscarriage of
justice
Q. What are the requisites of certiorari?
Q. What are exceptions as to the
A. It is directed against a requirement of motion for
tribunal/board/officer exercising reconsideration before certiorari?
judicial/quasi-judicial functions
o if admin agency does not A.
exercise quasi-judicial 1. Order is a patent nullity – court had no
power, certiorari jurisdiction
does not lie 2. Questions raised have been duly
2. the tribunal/board/officer has raised and passed upon by
acted without or in excess of the lower court, are the same as
jurisdiction or with grave abuse those raised before the lower court
of discretion 3. Urgent necessity for resolution of
o will issue only to correct the question and any further delay
errors of jurisdiction would prejudice interests of
and not errors by court unless gov’t/petitioner/subj. matter
GADLEJ perishable
o certiorari – corrects errors of 4. Motion for reconsideration useless
jurisdiction under the circumstances
o review – corrects errors of 5. Petitioner deprived of due
judgment process/extreme urgency for
3. there is no appeal nor any relief
plain, speedy and adequate 6. In criminal case, relief from an order
remedy in the ordinary course of of arrest is urgent/relief by trial court
law improbable
7. Proceedings were ex parte/petitioner o in any of these instances, no
had no opportunity to object other plain, speedy and
8. Issue raised is one purely of law/public inadequate remedy in the
interest is involved ordinary course of law.
9. Judicial intervention is urgent
10. Application may cause great and Q. What are the requisites for
irreparable damage mandamus to issue?
11. Failure of a high gov’t official from A.
whom relief is sought to  Applicant must have a clear
act on the matter legal right to the thing
12. Issue of non-exhaustion of admin. demanded
remedies is moot o Right must be well defined,
13. Special circumstances warrant clear, and certain
immediate and more direct action o Clear legal right –
founded/granted by law
Q. What is a petition for prohibition?  Corresponding duty of defendant to
A. perform the required
act must also be
 Rule 65 sec. 2 – GADLEJ, ordered to clear and specific
desist from further proceedings  Mandamus never issues in doubtful
 Preventive remedy cases
 Restrain the doing of some act to be Q. What type of act may mandamus
done compel a person to do?
 Remedy to prevent A.
tribunal/board/officer from  Mandamus depends on nature of
usurping/exercising jurisdiction/power which power conferred upon and required to
law did not vest in them be performed by public functionaries
 Lies against a tribunal/board/officer  Generally: mandamus will lie to
exercising judicial or ministerial functions compel the doing of a ministerial
act
Q. What is a petition for mandamus? o Does not lie to control
discretion
A. Rule 65 sec. 3 – neglect, do act required.  Duties and powers of public
Literally means “we command”. Mandamus officers may either be
lies: ministerial or
o Against any tribunal w hich discretionary
unlawfully neglects the  Refusal/neglect of an officer to
performance of an act which perform a ministerial act:
the law specifically enjoins as a remedy –
duty mandamus
o In case any  Mandamus not available to control
corporation/board/person discretion
unlawfully neglects the o May issue where there has
performance of an act which the been unreasonable delay, to
law enjoins as a duty resulting compel him to act but not to
from an office/trust/station act one way or the other nor
o In case any to decide in a particular way
tribunal/corp/board/person or in favor of anyone
unlawfully excludes another from Q. When are instances that Mandamus
the use and enjoyment of a may not lie?
right or office to which such is A.
legally entitled  To compel a course of conduct
 To compel an official to do anything its enjoyment.). Mandamus lies only
which is not his duty to do or give the when petitioner’s right is founded
applicant anything to which he isn’t clearly upon law, not when it is
entitled by law doubtful.
 To compel performance of an act
prohibited by law Q. Where to file mandamus?
 To require anyone to fulfill A.
contractual obligations  SC
 To compel the appointing authority  CA - Whether/Not it is in aid of its
to appoint a particular person to a appellate jurisdiction
specific position, though qualified he  Exclusively if it involves the acts or
may be omissions of a quasi - judicial
 To compel the Sugar Reg. agency, unless otherwise provided by
Admin to issue rules and law or rules.
regulations governing the import of  Sandiganbayan - if it is in aid of its
sugar, where the law is silent as to appellate jurisdiction
the standard of control and  RTC (with territorial jurisdiction)
regulation of sugar importation. – if it relates to acts/omissions
 Instances when Mandamus may lie of a lower court, corp., board,
 When a decision of the CSC ordering officer/person
an employee who had been
dismissed to be reinstated and General rule: Filed not later than 60days
the decision had become final from notice of judgment, order or
 To compel payment, where an resolution. No extentions.
employee of the LGU is, by law, Exception: For compelling reasons, and not
entitled to retirement benefits. exceeding 15 days.
 To compel not only the enactment
and approval of of the necessary
appropriation ordinance, but also the
corresponding payment of municipal PART II: LAW ON PUBLIC OFFICER
funds therefor.
CHAPTER 1: NATURE AND ELEMENTS OF
Q. May mandamus lie to someone who PUBLIC OFFICE
was unlawfully excluded from office or
position.? Q. How is public office created?
A. Mandamus will lie, where there is no A. Public offices are creations of Constitution
appeal or plain, and laws. Congress can delegate power to
speedy, and adequate remedy in the create positions (Eg. Enactment of
ordinary course, commanding the reorganization laws which authorizes the
board or person that unlawfully President to create, abolish, or merge offices
excluded him to reinstate him to in the executive departments exercised
such office or right. He must show through appropriate decree or order or by
(1) he has a clear legal right, and authorizing executive departments or
that (2) the respondent, without any agencies to do so). Public office are filled up
right, is illegally excluding him either by appointment, by election, and in
therefrom. some instances by contract or by some other
 Mandamus won’t lie to oust the modes authorized by law.
person who occupies a
position and exercises its functions, Q. What is a public office?
if there are 2 persons who both
claim the position, in this case the A. A public office is a public trust. It is a
remedy is quo warranto (tests the fiduciary relationship between a public officer
title to one’s office claimed by who is a trustee and the people as
another and to oust the holder from beneficiaries of a public office. The public
officer is the servant of the people, requiring without due process. It is property in the
utmost responsibility, integrity, loyalty, broad sense since the right to hold office
efficiency, fidelity, good faith, and includes everything of pecuniary value to
accountability in the discharge of his duties its possessor. The right to public office is
& demands that he takes no advantage of protected by the right to security of tenure
his position for his personal benefit or to the guaranteed by the Constitution. A public
prejudice of the public. office is personal to the public officer and is
not transmissible to his heirs upon his
A public office refers to either two death. No heir may be allowed to continue
concepts: holding his office in his place.
• Functional unit of government – It is Q. What is a public officer and

within the framework of government employee?
organization, refers to any major
functional unit of a department or A. 1987 Administrative Code provides:
bureau including regional office
Officer as distinguished from clerk of
• Position - held by individual whose
employee, refers to a person who duties, not
functions are defined by law or
being clerical in nature, involves the
regulation
exercise of discretion in the performance of
the functions of the government when used
Public office is frequently used to refer as the
with reference to a person having authority to
right, authority, duty, created and conferred
do a particular act or perform a particular
by law, by which, for a given period either
function in the exercise of government power,
fixed by law or enduring at the pleasure of the
officer includes any government employee,
creating power, an individual is invested with
agent, or body having authority to do so the
some portion of the sovereign functions of
act or exercise that function.
government, to be exercised by that
individual for the benefit of the public
Article 203 of the Revised Penal Code:
The right to hold pubic office under our
Any person, by direct supervision of the law,
political system is not a natural right. It
popular election, or appointment by
only exists only because and by virtue of
competent authority, shall take part in the
some law expressly or impliedly creating and
performance of public functions in the RP or
conferring it. There is no such thing as
shall perform in said govt or for any of its
vested right or an estate in an office or
branches public duties as an employee,
even an absolute right to hold office or
agent, or subordinate official, of any rank or
accept salary by reason thereof. However,
class. Temporary performance of public
there are exceptions, constitutional offices
function is sufficient to constitute a person a
which provide immunity as regards salary and
public official.
tenure.
Anti Graft and Corrupt Practices Act
Q. Why is public office a public trust?
Public officer includes elective and appointive
A. This requires that all government officials
officials and employees, permanent or
and employees must at all times be
temporary, whether in the classified or
accountable to the people, serve them with
unclassified or exempt service (non-career or
utmost responsibility, integrity, loyalty and
career), receiving compensation, even
efficiency, act with patriotism and justice and
nominal, from the government (LGU, GOCC
lead modest lives.
and all other instrumentalities or agencies of
the RP)
Q. Why is public office not a property?
Code of Conduct and Ethical Standards
A. It is not a property right but a protected
of Public Officers
right. It cannot be taken from its incumbent
Public officer includes elective and appointive a. open career positions for appointment to
officials and employees, permanent or w/c prior qualifications in an appropriate
temporary, whether in the career or non- exam is required
career service, including military and police b. closed career positions w/c are scientific or
personnel, whether or not they receive highly technical in nature (eg. faculty and
compensation, regardless of amount. academic staff of state colleges and
universities; scientific and technical positions
Plunder Law in scientific or research institutions w/c
establish their own merit system)
Officer means any person holding any public
office in the govt. of the RP by virtue of an c. positions in the Career Executive Service:
appointment, election, or contract (executed User, Asec, Bureau Director, Ass. Bureau
bet. private person and government. Director, Regional Director, Ass. Regional
Director, Chief of Dept. Service and other
Q. Who are Public Officers? officers of equivalent rank w/c may be
identified by the Career Executive Board, all
A. The broadest classification is into civil of whom are appointed by the President
(civilian or civil service) and military (those in
military uniform). It could also be national or d. career officers, other than those in the
local, elective or appointive, offices created Career Exec Service, appointed by the Pres
by Constitution or by statutes. (Foreign Service Officers)
Elective, national officials whose offices e. commissioned officers and enlisted men of
created by Constitution are President, VP, the Armed Forces w/c maintain a separate
senators, Members of the House. Appointive merit system
whose positions created by Constitution are
the Chief Justice of the SC, Associate Justices, f. personnel of GOCC whether performing
Chairmen & Members of the Const governmental or proprietary functions, who
Commissions, Ombudsman & Deputies. do not fall under the non-career service
Classification dictated by the nature of the g. permanent laborers, whether skilled, semi-
primary functions of the branch of skilled, or unskilled
government to which they belong to the
executive, legislative and judiciary. 2. non-career service: entrance on bases
other than those of the usual test of merit and
The bulk of the personnel in bureaucracy is fitness utilized for the career service; tenure
composed of civil service officers and w/c is limited to a period specified by law, or
employees. They are all appointive officers which is coterminous w/ that of the appointing
and employees. Presidential appointees are authority or subject to his pleasures, or w/c is
not subject to approval by the Civil Service limited to the duration of a particular project
Commission. Non-presidential appointees are for w/c purpose employment was made.
subject to approval or attestation by the Civil
Service Commission. a. elective officials & their personal or
confidential staff
Civil Service Law classifies them into b. department heads and other officials of
non-career and career service Cabinet rank who hold positions at the
pleasure of the President and their personal
1. career service – entrance based on merit and confidential staff(s)
and fitness, to be determined as far as c. chairman and members of the commissions
practicable by competitive examination, or and boards w/ fixed terms of office and their
based on highly technical qualifications; personal and confidential staff
opportunity for advancement to higher career d. contractual personnel or those whose
positions; security of tenure employment in the government is in
accordance w/ a special contract to undertake
a specific work or job, requiring special or
technical skills not available in the be a natural born citizen as of birth except for
employing agency, to be accomplished w/in a persons born before Jan. 17, 1973 to a Filipino
specified period, which in no case shall mother who, upon reaching majority age,
exceed one year, and performs or elects Philippine citizenship and also
accomplishes the specific work or job, under considered natural born citizen.
his own responsibility w/ a minimum of
directions and supervision from the hiring In a certain case, a Filipino citizen who lost his
agency Filipino citizenship by naturalization abroad
e. emergency and seasonal personnel may reacquire his Filipino citizenship by filing
a petition for repatriation pursuant to PD No.
725 and upon the approval, his reacquisition
CHAPTER II: APPOINTMENT OF PUBLIC of citizenship retroacts to date of filing.
OFFICERS
Q. What are qualifications of appointive
Q. What are the qualifications of constitutional officers?
appointive officers?
A. Appointive constitutional officers
A. Generally, a public officer to hold a public include:
office, he must possess all the qualifications
and none of the disqualifications prescribed - Chief Justice and Associate Justice of SC
by law for the position at the time of his  Must be natural born
election/appointment and during his citizens
incumbency. “Qualification for office”  Must be at least 45 yrs.
means possessing qualities or old
circumstances which are inherently or  Must have 15 yrs of
legally necessary to render him eligible service as a judge or
to fill an office. “To be eligible” means engaged in practice of
legally qualified by law to hold an office; law in Philippines
“ineligible” means disqualified.  Person of proven
competence, integrity,
Q. Has the Congress the power to probity and
prescribe qualifications? independence
- Chairman and Members of Civil Service
A. Yes, Congress has the power, consistent Commission
with the Constitution, to prescribe  Must be antural born
qualifications for appointive or elective citizens
positions and define who are disqualified
 Must be at least 35 yrs.
therefrom. Since the privilege of holding an
old
office is a valuable one, laws prescribing
qualifications and disqualifications for office  Must have proven
should be liberally construed in favor of capacity for public
eligibility. administration
 Must not have been
Q. When should eligibility exist to qualify candidates for elective
for office? position in the elections
immediately preceding
A. The Constitution or statute usually their appointment
fixes the time when the qualifications -Chairman and Members of COMELEC
must be possessed by the appointee or  Must be natural born
elective candidate, express or implied. citizens
 Must be at least 35 yrs.
Example: A senator must be “a natural born old
citizen of the Philippines, and, on the day of  Must be holder of
election (day of election fixed by law is May college degree
11), is at least 35 years of age.” He must also
 Must not have been eligibility, experiences in specific fields, height
candidates for elective and weight required by particular positions,
position in the elections physical fitness, etc. The degree of
immediately preceding qualifications of an officer/employee shall be
their appointment determined by the appointing authority on the
 Majority thereof basis of the qualification standard for the
including the chairman particular position.
shall be members of the
Bar and at engaged in Q. Who are Filipino citizens?
the practice of law for at
least 10 yrs. A.
 • Citizens at the time of the adoption of
Chairman and Members of COA the Constitution
 Must be natural born • Those whose fathers or mothers are
citizens citizens of the Phil
 Must be at least 35 yrs. • Those born before Jan. 17, 1973, of
old Filipino mothers, who elect Phil.
 Must not have been citizenship upon reaching the age of
candidates for any majority
elective position in the • Those who are naturalized in
elections immediately accordance with law
preceding their
appointment Filipino citizenship is a continuing requirement
 No time shall all for any public office. A voluntary change of
members belong to the citizenship or a change thereof by operation
same profession of law disqualifies him to continue holding the
position to which he had qualified and had
Ombudsman and his Deputies been appointed or elected. Philippine
 Must be natural born citizenship is an indispensable requirement
citizens for an elective office. It can only be
 Must be at least 45 yrs reacquired after compliance with the
old requisites of law and not by election.
 Must be recognized for
his probity and
B. APPOINTMENT GENERALLY
independence
 Must be members of the Q. What is Appointment?
Phil. Bar
 Must not have been A. Appointment is one of the means by which
candidates for any a person may claim a right to a public office.
elective office in the It means the selection by the authority vested
immediately preceding with the power, of an individual who is to
election exercise the functions of a given office. It is
 Ombudsman must have an act of designation by the executive officer,
been a judge or engaged board or body, to whom that power has been
in the practice of law for delegated, of the person who is to exercise
10 years. the duties and responsibilities of a given
position.
Q. What are the qualifications of civil
servants, generally? • An appointment should generally be in
writing of some sort. The better rule
A. The qualifications for entrance into the civil requires some kind of written memorial that
service are prescribed by law. These include could render title to public office
age, citizenship, educational attainment for undubitable. Since an appointment affects
the specific positions, appropriate civil service
the public (and not merely private rights)
and being done under the authority of the Who to appoint is a political question
sovereign power and not under individual involving considerations of wisdom which only
authority, an appointment should be the appointing authority can decide. The Civil
authenticated in a way that the public may Service Comm is limited only to the non-
know when and in what manner the duty discretionary authority of determining
has been performed. whether or not the person appointed
possessed the appropriate civil service
• Where there is no evidence of a prior eligibility or required qualifications. This is
appointment and all the officer can show is different where the Constitution or the law
a designation in an acting capacity to the subject the appointment to the approval of
disputed position, the fact that the officer another officer or body, like the Commission
took his oath and his supposed appointment on Appointments.
was confirmed by the Commission on
Appointments cannot prevail as against the Q. Who has the appointing authority?
appointment of another person to the same
position. A. The appointing authority is the officer or
body bested by the Constitution or by law
• The designation being revocable and with the power to make appointments of
temporary in character, could not ripen into public officers and employees to public offices
a permanent appointment, even if or positions. It is vested with the President,
subsequently confirmed by the Commission the courts, heads of departments, agencies,
on Appointments because confirmation commissions or boards and such other
presupposes a valid nomination or recess officers as the power to appoint may be
appointment, of which there was no legally delegated by the legislature.
evidence.
C. PRESIDENT’S APPOINTING POWER
Q. How is appointment distinguished
from designation? Q. Who has the Constitutional
prerogative to appoint?
A. Appointment is the selection by the proper
authority of an individual who is to exercise A. The general rule is that the appointing
the functions of a given office. On the other power is the exclusive prerogative of the
hand, designation connotes merely the President, upon which no limitations may be
imposition of additional duties, usually by law, imposed by Congress, except by the
upon a person who is already in the public Constitution and the Statute. At instances
service by virtue of an earlier appointment or where the law is silent as to who is the
election. A person may be designated in an appointing authority, it is understood to be
acting capacity, as when he is called upon to the President.
fill a vacancy pending the selection of a
permanent appointee thereto or return of the Q. Can the Congress impose additional
regular incumbent. duties?
Q. What is the nature of appointment? A. Yes, the grant by law of additional duties to
public officer does not constitute an
A. The appointing power is essentially an encroachment on the President’s appointing
executive function. It is essentially power.
discretionary and must be performed by the
officer in which it is vested according to his Q. Are appointments subject to
best lights, the only condition being that the confirmation by the Commission on
appointee should possess the qualifications Appointments?
required by law. An appointment cannot be
faulted on the ground that there are others A. Yes, but not all. The Commission on
better qualified who should have been Appointments is composed of the President of
preferred. the Senate, as ex officio Chairman12 Senators
& Members of the House, elected by each Appointing power – executive prerogative
House on the basis of proportional a. What limits do the Constitution
representation. It Shall be constituted within provide?
30 days Senate and House shall have been i. Ex. Power of review of
organized with the election of the President Commission on
and the Speaker. The Commission shall only Appointments
meet while Congress is in session, at the call ii. Art. VII Secs. 14 & 15
of its Chairman or a majority of all its • Sec. 14:
Members. appointments by
an acting
Presidential appointments of Heads of President unless
executive departments; ambassadors, other revoked by
public ministers and consuls; officers of the elected Pres.
armed forces from the rank of colonel or naval • Sec. 15: 2
captain other officers whose appointments months
are vested in him in the Const. (Example: immediately
Chairman and Members of the COMELEC, Civil before next
Service, Commission on Audit and Sectoral presidential
Representatives) are subject to the elections, no
confirmation of the Commission on appointments
Appointments. except temporary
appointments
Q. What are Ad interim Appointments? because vacancy
results to
A. The Ad interim appointments are those prejudice
made by the President during the recess of iii. Pres. can appoint
Congress whose confirmation by the Members of SC and
Commission on Appointments is required by judges of lower courts
the Constitution. These ad interim from among the list of at
appointments are permanent until least 3 members of each
disapproved (BY-PASSED) by the Commission position prepared and
on Appointments and until the next recommended by the
adjournment of the Congress (regular or Judicial Bar Council (JBC)
special session). These 2 modes of iv. Pres. can’t appoint
termination of an ad interim appointment are official and employees of
independent of each other. the Judiciary – power
belongs to SC
Q. Who has the power to issue v. Pres. can’t appoint any
temporary designation? person who lost in any
election w/in 1 year after
A. The President has the power to temporarily such election, in gov’t or
designate an officer already in the GOCC
government service or any other competent vi. Pres. can only appoint
person to perform the functions of an office in Ombudsman and
the executive branch, appointment to which is Deputies from list of at
vested in him by law when the officer least 6 nominees
regularly appointed is unable to perform his prepared and
duties by reason of illness, absence, or any recommended by the
other cause or there exists a vacancy. The JBC
appointment must not exceed one year. vii. Officials and employees
of Office of Ombudsman
Q. What are the Limitations on – appointed by
President’s power to appoint? Ombudsman
A.
viii. Commission on Human Q. What are the powers Admin.
Rights appoints its Code of 1987 grant?
officers and employees i. Administer and enforce
ix. Congress may by law merit system
vest appointment of ii. Prescribe amend and
lower in rank in courts, enforce rules and
or in heads of dep’t, regulations effecting
agencies, comms, Civil Service Law etc.
boards iii. Promulgate policies and
x. Art. IX-B Sec. : elective regulations for the Civil
official can’t be Service
appointed unless iv. Policies and Regulations
provided by law for positions and
xi. Art. VII Sec. 13: Pres, VP, compensation
Cabinet, their deputies
v. Render opinions/rulings
and assistants shall not
on civil service matters
hold any other office
unless provided by law vi. Appoint and discipline
officials
Q. What is the CSC? vii. Control and supervise
civil service
A. Central personnel agency of the examinations
government viii. Prescribe civil service
a. Composed of Chairman, 2 examinations
commissioners, appointed by ix. Declare positions:
the Pres w/ consent of the technical, confidential,
Comm. On Appointments, 7 yrs policy determining
term x. Make programs re: dev’t
b. Administers civil service and retention of work
c. Duty to establish career service force
d. Adopt measures to promote xi. Hear and decide admin.
moral, efficiency, integrity, cases
responsiveness and courtesy in xii. Issue subpoena &
civil service subpoena duces tecum
e. Strengthen merit and rewards xiii. Advise Pres.
system xiv. Take action on
f. Integrate all human resources appointments
dev’t programs xv. Inspect/audit personnel
g. Institutionalize permanent actions and programs
climate conducive to public xvi. Delegate authority to
accountability dept’s, agencies etc.
h. General purpose: insure and xvii. Administer retirement
promote general mandate programs
requiring appointments only xviii. Maintain personnel
according to merit and fitness, records
and to provide w/in the public xix. Perform functions
service a progressive system of belonging to a central
personal administration to personnel agency and
insure the maintenance of an others provided by law
honest and efficient progressive
and courteous civil service in Q. What is the coverage?
the Phils.
a. Constitution: all branches of 2. Who are the officials and employees
Gov’t even GOCCs (created by under the non-career service?
Consti) a. Elective officials and their staffs
i. Exception: GOCCs b. Dep’t heads and other Cabinet
created by statutes officials who hold positions at
the pleasure of the Pres.
Q. What are the three general positions? c. Chairman and members of
ii. Policy determining: commissions and boards with
formulating methods of fixed terms of office
action d. Contractual personnel/special
iii. Highly confidential: not contract employees
merely clerical, requires e. Emergency and seasonal
judgment personnel
iv. Highly technical: 3. What is the exception to
requires skills/training in appointments?
highest degree a. Elective officials in non-career
service
4. What are the levels of positions in the
Q. How is career service characterized? career service?
a. Entrance based on merit and a. First level: clerical, trades,
fitness usually determined by crafts, custodial, etc.
examinations b. Second level: professional,
b. Opportunity for advancement technical, scientific positions
to higher career positions c. Third level: career executive
c. Security of tenure service (undersec, asst. sec,
etc.)
Q. What are the positions under career
service? Q. How do you enter these levels?
d. Open Career – qualifications & d. 1st and 2nd levels: civil service
examination required eligibility, exams
e. Closed Career – scientific or e. 3rd: prescribed by Career
highly technical Executive Service Board
f. Positions in the Career
Executive Service: appointed by Q. How are appointive officers
Pres like undersec, asst. sec, appointed?
bureau director a. Presidential
g. Career officers other than in b. Non-presidential
preceding letter: appointed by
Pres sich as Foreign Service Q. What are the two kinds of
Officers appointments?
h. Commissioned officers, enlisted c. Permanent (only to them
men of the AFP: separate merit security of tenure is
system guaranteed)
i. Personnel of GOCC w/ original d. Temporary
charters
j. Permanent laborers Q. What’s with a coterminous employee?
e. Confidentiality by appointing
Q. How is Non-Career Service authority subject to his
characterized? pleasure or co-existent with his
k. Entrance on bases other than tenure
usual merit and fitness f. Classified:
l. Tenure which is limited to a
period specified by law
i. Coterminous with Power of CSC to approve appointments
project
ii. Coterminous with the 1. What’s the general rule re:
appointing authority appointments in civil service?
iii. Coterminous with the a. Requires approval of CSC
incumbent i. Limited to reviewing
iv. Coterminous with a appointments
specific period
Limitations on the power to approve
Q. What are the requisites of appointments
appointment?
a. Appointing authority has power 1. What are some limitations of
to appoint power of CSC to
b. Appointee possesses all approve/disapprove
qualifications appointments?
c. Appointment approved by the a. Does not include authority to
CSC make appointment itself
d. Appointee accepts appointment b. Appointment rests on
appointing authority
Appointing authority; exercise of c. General rule: no authority to
discretion revoke appointment
i. Exception: does not
1. What is the effect of appointing apply security of tenure
without power? attached
a. Null and void appointment d. No authority to pass upon
2. To whom does Consti vest power qualifications
to appoint? e. Not empowered to determine
a. Various offices including SC, kind/nature of appointment
Con Coms, Ombudsman, CHR, f. Conditional appointment:
Cenate, House of Reps. conditions should be met to
b. Exec. Sec., dep’t secs., bureau become permanent
heads, governor, mayors
Opposition to Appointment
3. Is a person with temporarily 1. Who can oppose appointment?
appointment entitled to be re- a. Any person who feels aggrieved
appointed in a permanent by appointment
capacity? i. File a protest based on
a. Not as a matter of right cause, which is based on
these grounds:
4. What’s the preference with regard 1. Appointee not
to permanent employees who qualified
were removed after 2. Appointee not
reorganization? next in rank
a. They are given preference to 3. Protestant not
new positions satisfied of
reason of transfer
Appointee must be qualified ii. For cause: reasons
• Eligible and which the law and sound
qualifications met public policy recognized
as sufficient warrant for
• There should be
removal
vacancy
b. Temporary and permanent
appointments are different
hence different protests for o Taking an oath + discharge =
each acceptance
c. Due process to be followed:
opportunity to be heard, Permanent appointment
opportunity to present case
d. Protest cases: first decided by • To whom can permanent
head of dep’t or agency appointment be extended?
o Person who meets all
Revocation or recall of appointment requirements and eligibilities
• What is the general rule? Term and tenure

o Appointment once made:
irrevocable 1. What is a term?
o Rule is qualified: subject to a. Fixed and definite period of
CSC’s approval time which the law prescribes
• When should revocation be made? that an officer may hold an
o Before appointment is office
completed b. Period during which an office
o Or before CSC approval may be held
• When does CSC have power to 2. What’s the basic difference
recall an appointment? between term and tenure?
o Non-compliance with a. Term – period fixed
procedures in merit promotion b. Tenure – period incumbent
plan actually holds office
o Failure to pass thru agency’s 3. What are the kinds of terms?
selection/promotion board a. Expressly fixed by Consti/law
o Violation of existing collective b. During good behavior until
agreement between mgmt and retirement age
employees i. Ex. Judges: 70 yrs old
o Violation of other existing civil c. Indefinite – terminates at
service law rules and reg. pleasure of appointing authority
i. Ex. Loss of confidence
When appointment is complete; 4. What is a tenure?
acceptance of appointment necessary? a. Limited to a period specified by
law
1. When is appointment complete? b. Coterminous with appointing
o Where all requisites for position authority/subject to his
have been met pleasure
 Written appointment c. Limited to project time or
 Vacant position purpose
 Appointing authority has 5. At the end of a term, what
power happens? Dismissal or expiration
 Approved by the CSC of period?
 Accepted by the a. Expiration
appointee 6. General rule for an officer with
o Absence of any of these term?
requirements makes it invalid a. Cannot be removed
or incomplete i. Except for cause
o Until such approval, he is de provided by law
facto officer b. Fixity of tenure destroys power
o Taking an oath is indispensible of removal at pleasure
otherwise incident to the A. Yes. The prohibition against hold-over
appointing power must be clearly expressed or at least implied
7. What are some terms fixed by the in the Constitution or in the legislative
Consti? enactment otherwise it is reasonable to
a. Pres, VP, Senators, Cong. assume that holdover is allowed.
b. Senators: 6 years, Cong: 3
years Q. Is there a limitation on the hold-over
i. Their tenure may be concept?
shortened:
A. Yes. Constitution may provide a limitation.
1. Forfeiture of his
Where the Constitution has fixed the term of
seat by holding
an office and its commencement, the
any other office
legislature may not authorize the incumbent
Art. VI Sec. 13
to hold-over until his successor shall have
2. Expulsion as a been appointed or elected and has qualified.
disciplinary
action Art. VI Sec. Temporary or acting appointment
16
3. Disqualification Q. May the President, in the exercise of
by resolution of her appointing power, make temporary
Electoral Tribunal or acting appointments?
Art. VI Sec. 17 A. Yes. This is based upon the theory that
4. Voluntary the whole includes and is greater than
renunciation of the part.
office Art. VI Sec. What are the limitations on such
7 appointing power?
8. Importance of distinction between 1. Those provided by the
term and tenure? Constitution; and
a. Officer with a term may not be
removed except for cause 2. where the office is NOT under the
b. Officer with tenure – no security control of the President and the
of employment Constitution or the law provides
Hold-over concept safeguards for its INDEPENDENCE.
Q. What is the concept of hold-over? Q. What is the essence of an acting

appointment?
A. It is where an office has a fixed term and
the incumbent is holding onto the succeeding A. It is essentially temporary and
term. revocable in character. Hence, the holder
of such appointment may be removed
Q. Is it legal? anytime even without hearing or cause.
What are the other instances where the
A.Yes. The law usually provides that the temporary or acting status of an officer
officers elected or appointed for a fixed term may arise?
shall remain in office for that term and until 1. When the appointment is
their successors have been chosen AND defective; and
qualified.
2. When the appointee lacks the
Q. What is the justification for the hold- required civil service eligibility.
over concept?
Public policy. The law abhors a vacuum in Q. What is the effect of the subsequent
public offices. acquisition of civil service eligibility of
Is there a presumption in favor of the the appointee?
hold-over concept?
A. It is of no moment and does not ipso Q. What is nepotism?
facto convert his temporary appointment into
a permanent one. A new appointment A. It means favouritism in the appointment
(from acting to permanent) by the in the public service in favour of a relative
appointing authority is necessary. within third degree of affinity OR
consanguinity by the appointing or
Promotional Appointment recommending authority.
Q. What is the basis of promotion in the Q. Is it prohibited?

Civil Service?
A . Yes. It is expressly prohibited by the
A. Qualifications. Revised Administrative Code of 1987. It
also a crime under the Code of Conduct and
Q. What are the factors that should be Ethical Standards for Public Officials and
considered? Employees.
1. Occupational competence;
Q.What is the scope of the prohibition?
2. Moral character;
A. It extends to:
3. Devotion to duty; and 1. Promotional appointments;
4. Loyalty to service. 2. Designations in an acting
capacity; and
Q. Can the court reverse/revoke the
appointment done by the appointing 3. All personnel actions occurring
authority? after an original appointment
which require the issuance of a
A, No. The Court should not substitute its new appointment to another
own judgment for that of the appointing position or to the original position
authority. His final choice should be respected in the case of reinstatement.
and left undisturbed.
Q. What is the purpose of the
Reinstatement prohibition?
Q. What is reinstatement?
A. To ensure that all appointments and
A. It is the issuance of a new appointment other personnel actions in the civil
which is essentially discretionary, to be service should be based on merit and
performed by the officer in which it is vested. fitness and should never depend on how
close or intimate an appointee is to the
Q, What is the limitation? appointing power.
Q. What are the exceptions?
A. The appointee should possess the 1. Persons employed in a
qualifications required by law. confidential capacity;
Q. Can the court reverse/revoke the 2. Teachers;

reinstatement done by the appointing
authority? 3. Members of the AFP;
A. No. The Court should not substitute its 4. Marriage with someone in the
own judgment for that of the appointing same office or bureau AFTER
authority. His final choice should be respected appointment; and
and left undisturbed.
5. Those appointed in GOCCs which
Nepotism are organized under the
Corporation Law.
Void appointments Q. What are the factors to be
considered?
Q. What is the effect of a void 1. Organization structure;
appointment?
2. Classification and/or functional
A.A void appointment confers no right relationships;
whatsoever, except those recognized under
the doctrine of a de facto officer, but never so 3. Salary and/or range allocation; and
far as to entitle the incumbent to take shelter
under the guarantee of security of tenure. 4. Geographical location.
Q. Is the appointment of next-in-rank

Double appointment
mandatory?
Q. Is it prohibited?
A. NO. The law merely requires that the next-
in-rank shall be considered for promotion
A. No as long as the positions are not
whenever a position in the first level becomes
incompatible except that the officer or vacant.
employee appointed cannot receive additional
• Why?
or double compensation unless specifically
authorized by law. The rule neither grants a vested right
to the holder nor imposes a ministerial
Primary confidential positions duty on the appointing authority.
Otherwise, it could result to diminution
Q. Is the appointment based on “merit of the discretion and prerogative of
and fitness” as mandated by the the appointing authority.
Constitution?
Q. What is the remedy of an aggrieved
A. No. It is one of the exceptions. next-in-rank employee?
Q. Are the appointees covered by the A. File a protest with the department or
security of tenure provision of the agency head. Such decision may be appealed
constitution? to the Civil Service Commission.
A. Yes. The security of tenure provision does Government-owned or controlled

not make a distinction. HOWEVER, “loss of corporations
confidence” is considered as a “cause
provided by law. Hence, those holding Q. What is a GOCC?
primarily confidential positions continue for so
long as confidence in them endures. A. It is a stock or non-stock corporation
whether performing governmental or
Q.What determines whether a position is proprietary functions, which is directly
primarily confidential? chartered by special law or if organized under
the general corporation law is owned or
A. The nature of the functions of the controlled by the government or subsidiary
office. corporation, to the extent of at least a
majority of its outstanding capital stock or of
Appointment of next-in-rank its outstanding voting capital stock.
Q. What is a next-in-rank position? Q. Are all GOCCs covered by the Civil

Service?
A. It refers to a position which is determined
to be in the nearest degree of relationship to
a higher position.
A. No. GOCCs without original charters are is entitled to occupying the second place
not comprehended within the civil service occupy his has been elected, even if
and their employees are not subject to civil QUO
office WARRANTOMANDAMUS
he were eligible à the law
service law. -tests the title only authorizes a
of one’s office declaration of election in
CAREER EXECUTIVE SERVICE claimed by his cert. of candidacy)
another
Security of tenure in CES -avails to enforce a clear
-objective:
legal duties and not to try
ouster of the
Q. How does a civil service employee disputed titles
holder from its
acquire security of tenure? -proper remedy if it is
enjoyment
shown that petitioner has a
-proper remedy
A. Security of tenure is acquired with respect clear legal right to a
where it
to rank and not to position. The guarantee of particular public office &
appears that
security of tenure to members of the CES respondent is unlawfully
another person
does not extend to the particular positions to preventing him from
has already
w/c they may be appointed (only applicable to occupying the same
been
the first and second level employees in the -remedy available only
appointed to
civil service) but to the rank to w/c they are where the petitioner’s right
and is already
appointed by the President is founded clearly in law
occupying the
and not when it is doubtful
disputed office
Q. What are the requisites for security of -respondent, without
-remedy tests
tenure? claiming any right to an
the title to
1. CES eligibility; and office, excludes petitioner
one’s office
therefrom (respondent
claimed by
2. Appointment to the appropriate need not actually hold the
another and
rank disputed position)
has for its
- favor of the person who
object the
Quo Warranto has obtained a plurality of
ouster of the
votes, and has presented
holder from its
Q. What is quo warranto? his cert. of candidacy
enjoyment
A. It is a special civil action commenced by -there is
filing a verified complaint in court against a usurpation or
person who usurps, intrudes into, or intrusion
unlawfully holds or exercises a public office or
position; or who does or suffers an act which, Quo warranto and mandamus
by the provision of law, constitutes a ground distinguished
for the forfeiture of his office
Q. May a title be collaterally attacked?
Quo warranto in appointive and elective
positions, distinguished A. No. Title to a public office may only be
APPOINTIVE ELECTIVE POSITION questioned by direct proceedings by means of
POSITION the special civil action of quo warranto
-raises issue of -raises issues of disloyalty
legality of and ineligibility of winning Q. Who may file the action?
appointment candidate 1. Solicitor General;
-filed by one -filed within 10 days
claiming office -petitioner is any voter 2. Public prosecutor; and
-court -purpose is to unseat
determines respondent from office but 3. An individual entitled to the position.
who has been doesn’t install the
legally petitioner in his place (i.e., Q. When must it be filed?
appointed and where a person elected is
can and ought ineligible, the court cannot A. It must be filed within 1 year after the
to declare who declare the candidate cause of such ouster, or the right of the
petitioner to hold such officer or position
arose.
• Why?
Public interest and government

stability require that the right to a
public office be determined as
speedily as possible and to avoid
disruptions in the conduct of
public business.
Q. Is there an exception?
A. Yes when the failure to file the action can

be attributed to the acts of a responsible
government officer and not of the dismissed
employee.
Q. What are the judgments and reliefs?
A. If it is found that the respondent is

usurping or introducing into the office, or
unlawfully holding the same,the court may
order:
1. Ouster and exclusion of defendant from
office
2. recovery of costs by plaintiff or relator
3. determination of the respective rights
in and to the office, position, right,
privilege, or franchise of all the parties
to the action as justice require
PART II: LAW ON PUBLIC OFFICER merely a de facto officer for the duration of his
occupancy of the office for the reason that he
CHAPTER 3: DE FACTO OFFICER assumed office under color of known
appointment w/c is void by reason of some
Q. Who is a de facto officer? defect or irregularity in its service. He is one
who is in possession of an office in the open
A. A public officer may either be de jure or de exercise of its functions under color of an
facto. To distinguish: election or an appointment, even though such
election or appointment may be irregular
DE JURE DE FACTO 1. not a mere volunteer
Total compliance with 2. he is one who has the reputation or
There is defect in the appearance of being the officer he
all requisites of the
compliance assumes to be but who, under the law,
law
One who is in all has no right or title to the office he
One who assumed assumes to hold
respects legally
office under a color of
appointed or elected
a known appointment
3. a de facto officer is one whose acts,
and qualified to though not those of lawful officer, the
or election
exercise the office law, upon principles of policy and
Void because officer justice, will hold valid so far as they
was not eligible or involve the public and third persons,
because there was a where the duties of the officer were
want of power in the exercised under color or a known
electing body, or by election or appointment, void because
Valid reasons of some the officer was not eligible, or because
defect or irregularity in there was a want of power in electing or
its exercise, such appointing body, or by reason of some
ineligibility, want of defect or irregularity in its exercise,
power, or defect being such ineligibility, want of power or
unknown to public defect being unknown to the public or
Entitled to emolument under color of an election, or
Actually entitled to
only for actual services appointment, by or pursuant to an
emolument
rendered unconstitutional law, before the same is
He cannot be made to adjudged to be valid
reimburse funds
disbursed during his Q: What are the examples of de facto
term of office because officer?
his acts are as valid as
those of a de jure A: The following are examples of de facto
officer officers:
Note: There can be a de facto officer in a de 1. a person who has been declared winner
jure office, there cannot be a de facto by the court or by the COMELEC in an
officer in a de facto office (there is no such election protest and assumed office
thing as a de facto office under an based thereon and who has thereafter
unconstitutional law) been adjudged not entitled to the office
is a de facto officer because he
Q. What is a de facto officer? exercised the duties of the elective
office under color of election thereto
A. A pubic officer or employee who assumed and is thus entitled to the emoluments
office under a color of a known appointment or of the office; not a usurper because a
election, even if such assumption is tolerated usurper is one who undertakes to act
or acquiesced by superior officers and even officially without any color or right
when the appointee had served for years, he is
42 | B A T T A D D I M A L A N T A M I R A N D A N A B O Y A S U A R E Z
2. a judge who resigned in his position is An elective local
considered de facto officer until he is official, who occupied
formally notified of the acceptance of a position on the
A person whose
his resignation, for a resignation to be strength of an order
appointment as a
effective must be accepted by the granting execution
sectorial
officer authorized to accept it pending appeal in an
representative has
3. a person appointed to a position during election case. The
been immediately
the period that the incumbent, who was officer exercised the
questioned before the
removed therefrom, was litigating his duties of an elective
appropriate agency as
action for reinstatement, may be office under color of
violative of law is, if
considered a de facto officer election (w/n it was
such appointment is
the trial court of
4. a person who acts and discharges the
COMELEC that
declared invalid
office pursuant to an appointment w/c
declared official
requires approval by another officer or
winner is immaterial)
office, such as the Civil Service
Municipal mayor, who
Commission, is a de facto officer until
filed his Cert. of
the appointment is finally approved or
Candidacy for
disapproved à if approved, he becomes
congressman and who
a de jure officer; if disapproved, he
thereafter withdrew it
becomes an usurper
and resumed the
5. an elected officer who has been duties of mayor, has
proclaimed and has assumed office but no title to the office, as
was later on ousted in an election he is, by law,
protest or quo warranto is a de facto automatically
officer during the time he held the office resigned therefrom
from the moment he
Q. Who is a usurper? filed his cert. of
candidacy
A. A usurper is one who usurps an office and
undertakes to act officially without any
Q: What are the elements of a de facto
color of right, as distinguished from a de
officer?
facto officer who exercises the duties of an
office under a color of appointment or election
A: There must be:
1. a de jure office
2. a color of right or authority
3. actual physical possession of the office
in good faith
4. general acquiescence by the public or
a recognition by the public who deals
with him of his authority as holder of the
position
Q. Who are examples of a de facto officer GR: There can be no de facto officer where
as compared with a usurper? there is no de jure office (there may be a de
facto officer in a de jure office)
DE FACTO USURPER X: office created by law has been
subsequently declared unconstitutional;
declaration of invalidity of the law
creating an office or position makes
officer appointed to it a de facto officer
during the tenure thereto
Q. What are the reasons for the de facto a de facto officer as far as he is himself is
officer doctrine concerned are void.
A. Public interest demands that acts of persons The purpose of the rule is to discourage the
holding, under color of title, an office created seizure of public office à officer ought to know
by a valid statute be deemed valid insofar as whether he is legally an officer and if he
the public is concerned. Otherwise, those attempts to exercise the duties of an officer
dealing with officers and employees of the w/o authority, he should act at his peril
government would be entitled to demand from
them satisfactory proof of their title to the Q. What is compensation?
positions they hold, before dealing with them,
or before recognizing their authority or obeying A. A de facto officer who, in good faith, has
their commands, even if they should act within possession of the office under a color of validity
the limits of the authority vested in their and had discharged the duties pertaining
respective officers, positions, or employment thereto is legally entitled to the emoluments of
the office
Doctrine formulated for the protection of the
public and individuals who get involved in the Where the law gives the officer’s assumption of
official acts of persons discharging the duties of office color of validity, it entitles him to
an office without lawful officers (not for the compensation for his work, and his subsequent
protection of de facto officers). Doctrine is ouster from the position entitles him to retain
founded on public policy and convenience, for the emoluments received as against the
the right of one officer claiming title or interest successful protestant
under or through the proceedings of an officer
having an apparent authority to act would be Example:
safe, if it were necessary in every case to
examine the legality of title of such officer up A senator who had been proclaimed and had
to its original source. assumed office but was later on ousted in an
election protest can retain emoluments
Q. Are the acts of de facto officers valid? received even as against the successful
protestant because the law mandates that
A. VALID insofar as 3rd parties are concerned the candidate duly proclaimed must
assume office notwithstanding a protest filed
Q. What are examples of valid acts? against him, w/c gives him color of title to the
office and entitles him to the salary and other
A. A judge who resigned his judgeship but benefits of the position
continued to discharge the duties thereto
pending his receipt of the acceptance of his A de facto officer cannot be made to reimburse
resignation as de facto officer and his decision funds disbursed during his term of office
or order issues in a case during such period is because his acts are valid as those of a de jure
valid as that of a de jure judge, insofar as the officer. They are entitled to emoluments for
parties and the public are concerned. His services actually rendered
official acts cannot be attacked collaterally by a
writ of prohibition or by a suit to enjoin the The question of compensation depends on the
execution of the decision possession of title, not of the office:
-A de facto officer, not having good title,
A de facto officer assumed the exercise of a takes the salaries at his risk and must
part of the prerogative of sovereignty, and the therefore account tot the de jure officer for
legality of that assumption is open to attack of whatever amount of salary he received during
the sovereign power alone the period of wrongful retention of the public
office
An officer seeking to justify his act or defending
his right as a public officer must allege and Example:
prove that he is a de jure officer, for the acts of
A mayor who filed cert. of candidacy who was A de facto officer does not enjoy the
considered resigned shall not be entitled to guarantees of security of tenure à he may be
emoluments anymore since there is no color of removed from office even without cause
title validating his resumption as mayor must
account the salary received during his wrongful Q. What happens to a proceeding to try
retention of the office in favor of the de jure title of de facto officer?
officer
A. Title cannot be assailed collaterally. It may
The question whether the de facto officer may not be contested except directly, by quo
be liable for the salary and other benefits of the warranto proceedings. The validity of an
office in favor of the de jure officer may be officers acts cannot be questioned upon the g
litigated, even if the issue regarding the right round that he is merely a de facto officer, the
to the office has become moot and academic reason being that it would be an indirect
inquiry into the title of the office, and the acts
GR: The rightful incumbent of a public office of a de facto officer, if within the competence
may recover from an officer de facto the of his office, are valid, as far as the public is
salary received by the latter during the time of concerned. Prohibition doesn’t lie to
his wrongful tenure, even though he entered determine the title of a de facto officer
into the office in good faith and under color of
title (a de facto officer takes salaries at his risk CHAPTER IV: COMPENSATION, BENEFITS &
and must therefore account to the de jure PRIVILEGES
officer for whatever amount of salary he
received during the period of his wrongful A. COMPENSATION
retention of the office)
Q. What is compensation?
GR: An ousted elective official not obliged to
reimburse the emoluments of office that he had A. Compensation could be the salary, per diem,
received before his ouster honorarium. Salary is the pay given as the base
X: he would be liable for damages in pay of the position or rank as fixed by law or
case he would be found responsible for regulations, excluding all bonuses, per diems,
any unlawful or tortuous acts in allowances and overtime pays. Per diems are
relation to his proclamation (criterion: daily allowance given to a gov’t
breach of obligations arising from employee/officer that is away from home base.
contracts or quasi-contracts, tortuous They are intended to cover daily subsistence
acts, crime or specific legal provision (lodging, etc) when such person’s duty places
authorizing the money claim in the them outside of their permanent station. If the
contest of election cases à absent any per diems are in the nature of compensation
of these, no liability for damages in an for services rendered rather than
election case may be incurred, except reimbursement for incidental expenses, it is
for atty’s fees in the instances regarded as compensation. The nature of
enumerated in art. 2208 of the Civil remuneration is controlling not the label.
Code) Honorarium is the compensation given not as a
**If any damage had been suffered by matter of obligation but as appreciation for
the winning party due to the execution service rendered. Where compensation given
of judgment pending appeal, the as a matter of right, for services rendered, =
damage may be damnum absque salary NOT honorarium.
injuria, which is damage w/o injury or
damage or injury inflicted without Q. What is the right to compensation?
injustice, or loss or damage w/o
violation of a legal right, or a wrong A. It is a statutory right, the person entitled so
done to a man for w/c the law much as the law grants him
provides no remedy Requirements (for payments of
salaries/wages):
• existence of a legally created position tasked to establish and administer a unified
with fixed compensation attached to the Compensation and Position Classification
position System (CPCS). CPCS is applicable to ALL
• issuance of a valid appointment positions (elective/appointive/full-time/part-
time of Gov’t or GOCCs). It has these principles:
• rendition of service being paid
• payment to the right person
• All gov’t personnel shall be paid just and
equitable wages; ratio of compensation
is to be maintained at equitable levels
1. provision for compensation carries with
it the RIGHT to compensation • Basic compensation shall be
2. If a person no longer has title to such comparable to those of the private
office, the right to compensation also sector (doing the similar work)
ceases à he can longer recover salary • Total compensation is maintained at a
incident thereto reasonable level in proportion to
3. An elective official that has been ousted national budget
via election protest and who has • A review of gov’t compensation rates to
assumed office and has done his duties be conducted periodically
is ENTITLED to compensation provided
in such position Q. What are the position classifications
NB: they are de facto officers, legally for salary grade purposes?
entitled to the emoluments of office
A. There are four main categories:
Q. What is salary as an incident of office? • Professional supervisory – Managerial
positions or with those
A. The salaries are mere incidents and form no management functions (E.g.
part of the office. Where a salary is annexed, planning, organizing, directing,
the office is coupled with an interest; where overseeing a unit of the org).
neither is provided for, it is an honorary office. Requires intense and thorough
knowledge of a specialized field
Q. Can salary be garnished? acquired from a bachelor’s degree
or higher degree courses. Salary
A. General Rule is that money in the hands of Grade: 9 – 33
public officers, although it may be due
government employees, is NOT LIABLE to their • Professional non-supervisory –
creditors in garnishment proceedings. Reasons Requires thorough knowledge in
for the rule: Sovereignty (State cannot be sued the field of arts and sciences or
w/o its consent), Moneys for as long as in hands learning acquired through
of disbursing officer remain in government’s knowledge of at least 4 years of
money, and it is contrary to Public Policy. college studies. SG: 8 – 30
• Sub-professional supervisory –
Salary check of an officer doesn’t belong to him Requires knowledge from
before it is physically delivered, but to the secondary or vocational education
government. The creditors can’t garnish the or completion of up to 2 years of
check nor can the O/E assign it without the college education. (E.g. supervisory
gov’t’s consent. duties over a group of employees).
SG: 4 – 18
Q. What is the government’s policy on • Sub-professional non-supervisory –
compensation? Requires skills acquired through
training and experience or
A. The policy is equal pay for substantially completion of elementary
equal work. Differences in pay are upon the education, secondary or vocational
substantive differences in duties and education, or completion of up to 2
responsibilities and qualification requirements. years of college education.SG: 1 -
The Dept of bureau and management (DBM) is 10
accuracy of
Q. What does it mean to have Salary records and
grades 1-33? reports
9. Accountability
A. Salary Grade is a means of grouping for funds
positions according to the level of difficulty, 10. Hardship,
responsibilities and qualifications needed. DBM hazards, and
is tasked with fixing the salary grades, subject personal risks
to standards set forth in law and the involved
determination of officials who are of equivalent
rank and assign them to the same Grade. Q. What are the salary rates in local
government units and of military and
SALARY POSITION police personnel?
GRADE
33 President A. The legal basis is RA 7160 (LGC) and RA
VP 6758 (sec10) – rates of pay in LGUs shall be
32 Senate Pres/Speaker determined on the basis of class and financial
Chief Justice capability of each unit, but shall not exceed the
Senators salary grade. The base pay of military and
SC Justices police people are prescribed in RAs: 6638,
Chairmen(Constitutiona 6648, 1134, 3725, 6658
31 l Commissions)
Department Secretaries Q. What are the Constitutional restrictions on
Other positions compensation?
(Equivalent rank)
Members A.
(Constitutional • Sec10, Art 6: Salaries of Senators/House
30 Commissions) determined by law; no increase until full
Other positions term of last member who approved
(Equivalent rank) expires
29 - 1 Determined by DBM • Sec6, Art 7: Salaries of Pres/VP not be
based on: decreased during their tenure; no
1. Education and increase din until term expires;
experience Prohibited from receiving emoluments
required from gov’t or any other source
2. Nature and • Sec10, Art 8: Salaries of Judiciary fixed
complexity of by law; No decrease during tenure
the work • Sec3. Art 9-A: Salaries of Chairman and
3. Kind of Commissioners fixed by law; No
supervision decrease during tenure
received
• Sec10, Art 11: No elective/appointive
4. Mental/physical
PO/E receive additional/double/indirect
strain required
compensation unless specifically
in work
authorized; Can’t accept any
5. Nature and
emolument/present/office/title from
extent of
foreign gov’t without congress’ consent
internal/external
• Sec8. Art 9-B: Pensions, gratuities shall
relationships
not be considered as additional, double,
6. Kind of
or indirect compensation
supervision
exercised
Q. What is double compensation?
7. Decision-making
responsibility
8. Responsibility of
A. The legal basis is Section 17, Act 4187, • The special meeting must be called by
Section 8, Article IX-B. the Chairman/any member duly
GR: no double compensation for gov’t authorized. If not, no per diem allowed.
employees/officers.
X: Officers and Employees who are duly Q. What is an honorarium
appointed by the by competent authority to
any position in another gov’t agency or office in A. It is a gesture or appreciation for the
a concurrent capacity may receive additional service of one with expertise of professional
compensation in the form of honoraria or standing in recognition of his superior
allowances (with the President’s discretion). knowledge in specific fields; extra monetary
Additional compensation to be paid from the remuneration paid by virtue of his office.
appropriation of the gov’t agency/office • Examples:
benefitting from the concurrent service. o Resource persons
Exception to exception: VP and o Researchers, technical and support
cabinet members and their deputies and personnel
assistants o O/E who are on detail or on special
à prohibited from receiving assignment in another office
additional or indirect compensation o O/E by virtue of their membership in
from ex-officio positions they hold inter-agency committees and.or
• A retired gov’t official, who has received special projects
his retirement benefits/monthly o O/E detailed to foreign-assisted
pensions, who re-enters gov’t and projects
receives salary, does not violate
prohibition on double compensation B. BENEFITS IN GENERAL
NB: If he is to receive separation pay
from his new job, he is barred from 4.81 Generally
using the years he served in his old job • Benefits granted by law
to compute the years his separation pay o Vacation leaves
is to be based. Only the years he served o Sick leaves
in the new job will be counted.
o Maternity leaves
o Terminal Leaves
Q. What is the rule on double
compensation not applicable to pension? o Termination pay
o Retirement benefits
A. Section 8, Art 9-B à impliedly repealed old o Others
law stating that double compensation applies
to pensions. A retiree receiving pension after 4.82 Vacation and sick leaves
retirement can continue to receive such • Legal basis: Sec286 Revised Admin
pension if he re-enters gov’t to which another Code (A)
form of compensation is attached. If he retires o APPOINTIVE O/E granted
in the new job, he can receive double pension. vacation/sick leaves which are
commutative and any part which
Q. What are the rules on per diems? may not be taken in the calendar
year in which earned may be carried
A. Commission on Audit rules: over to the succeeding years
• Generally allowed to members and o O/E who voluntarily
secretaries of gov’t boards pursuant to resigns/separated from service
statutory authority for every attendance without his fault is entitled to
in a board meeting where there is a commutation of accumulated leaves
quorum. (minus the 5 days mandatory
• Payment of additional per diem for any vacation leave)
subsequent meeting during the day is o Commutation is based on the
not allowed. highest rate received.
NB: Commutation for members of Q. What are the allowances in case of
the Judiciary and the ConCom is injury, death or sickness?
based on the highest salary +
highest monthly aggregate of A. It is provided in section 699, Revised Admin
transpo, living and representation Code. If injured, with actual physical
allowances. wound/hurt (in performance of duty) – full
• Sec81 RA 7160 (LGC) – ELECTIVE payment of salary (not exceed 6 months),
officials entitled to the same leave medical attendance, hospital fees, medical
privileges as those enjoyed by attention, subsistence. NB: If not, will be
appointive local officials, including charged to vacation leaves, if any. If killed/dies
commutation. to injuries received/sickness contracted in duty
– payment of reasonable burial expenses + 6
Terminal leave pay months’ salary/wage (greater than P1k) to
surviving spouse/dependent child/children. If
COMMUTATION OF becomes sick (caused directly by performance
TERMINAL PAY of duty) – payment of hospital fees. Such
SALARY
cash value of allowances must be made with the
the retiree’s recommendation of the proper authorized
accumulated person.
leave credits
and is applied applied for by an
for by an O/E employee during
who has already employment when he
severed his goes on ordinary leave
connection with Q. What is the Employee’s compensation
his employer Program?
and who is no
longer working. A. Employees’ Compensation Program –
prescribes benefits to O/E who get
injured/sick/dies as a result of performance of
• Computation: Based on highest monthly
duties. Benefits received are in the form of:
salary while in gov’t service
medical services, appliances and supplies,
NB: includes the higher salary he
rehabilitation services, death benefits, etc.
received in an acting capacity in
Injury to be considered for compensation:
another position from his regular
position a. Takes place within the period of
employment
4.84 Merit and monetary awards system b. At a place where O/E may
• Section 6 RA 6713 provides for the reasonably be
establishment of a system of annual c. While he is fulfilling his duties or
incentives and rewards and such engaged in doing something
incentives and rewards may take in the incidental
form of bonuses, citations, directorships
(in GOCCs), local/foreign grants, paid Sickness to be considered:
vacations or automatic promotions. The a. Definitely accepted as an
Omnibus Rules Implementing EO 292. It occupational disease
provides that honor awards shall consist b. Caused by employment, subject to
in outstanding PO/E award, which are proof that the risk of contracting it is
granted to O/E who have demonstrated increased by working conditions.
exemplary service. Civil Service
Commission is tasked to implement No compensation allowed when
such reward system sickness/injury/disability/death was by virtue of
his intoxication, willful intention, notorious
negligence
o Automatic and compulsory
C. RETIREMENT BENEFITS retirement
- When? 65 years old with at least
Q. What is the Government service 15 years of service
insurance system - Doesn’t apply to elective officials
and constitutional officers whose
A. GSIS prescribes retirement scheme of all tenure of office is guaranteed.
government officers and employees
• Conditions: Q. What is Compulsory retirement?
o Completion of 30 years of
service upon reaching 57 years A. Retirement is compulsory when an
old employee reaches 65 years old with at least 15
- Provided that the last 3 years years of service unless the service is extended
must be continuous and must by appropriate authorities. If less than 15 years
have made contributions for at of service when he reaches 65 years old, he
least 5 years shall be allowed to complete the 15 years. But,
- Leaves without pay shall not according to Rabor v CSC, the extension should
interrupt the continuity if, prior not exceed 1 year. So, 66 years old is the final
to the last 3 years of service, working age. The computation of a member’s
does not exceed 1 year service includes full time, part time and other
- Even if position is abolished or services with compensation. It aims to maintain
there is a reduction in force in efficiency in the gov’t + give retirees a chance
the last 3 years, still entitled to to enjoy remaining life
benefits
- If age is above 57 years old but Q. What is an optional retirement?
below 30 years of service, lack in
service years can be A. Once filed by an O/E, cannot unilaterally
compensated in age; If service withdraw it (must be with approval of head of
years above 30 years but below office). If O/E has complied with the
57 years old, lack in age can be requirements for the retirement benefits, it is
compensated by additional work enforceable in a court of law. Refusal of such
years. issuance can be compellable by mandamus as
- No one is entitled to retirement it is not a discretionary act.
benefits if below 52 years old or
his total service is less than 15 Q.How are retirement benefits computed?
years
o 30 years of service, regardless A. Basis: highest rate received/highest monthly
of age salary received (which includes additional
- Applies notwithstanding the compensation given). GR: government service
preceding paragraph. rendered on a per diem basis is not credible for
o 20 years of service, regardless computing the length of service for retirement
of age purposes. The grant of retirement benefits
- Applies to any necessitates an obligation on the part of the
appointive/elective official, employee to contribute to the insurance fund,
regardless of age or status, the which arises only when that employee is
last three years to be continuous receiving ‘salary/compensation’ and not per
- O/E shall be entitled to the diem. Per diem is incapable of paying off
commutation of the unused contributions to GSIS.
vacation and sick leave, based • GSIS (not CSC) has the power to
on the highest rate received determine what service is creditable for
which they have to credit at the retirement purposes
time of retirement
Q. When can the members of the judiciary
retire?
A. Benefits given as rewards for giving the best
A. years of their lives to the service of their
• When rendered 20 years of service in country; service to the gov’t. Pension a form of
the judiciary or in any brach of gov’t deferred compensation. Right to such is vested
and: upon entry into the retirement system and it
a. Attained 70 years old becomes an enforceable obligation in court.
b. Resigned by reasons of his Purpose of pension is a form of enticement and
incapacity to discharge duties security after retirement, especially to those
o Rendered 20 years of service in the who have been incapacitated by illness or
gov’t, the last 5 years continuously accident. Retirement benefits are exempt from
rendered in the judiciary and attachment, garnishment, levy, execution,
o having attained 60 years old. income/withholding taxes. They cannot be
• Section 3-a of RA 910 (amended by RA withheld from the retiree to be applied for his
1797) indebtedness to the gov’t.
- grants retired Justices (SC and CA
automatic increases in their pension Q. How are retirement laws construed?
benefits whenever incumbent justices
receive salary increases, equivalent to A. Liberally, In favor of retiree because their
what the latter receive. intention is to provide for his sustenance.
• Section 1, RA 910: Restrictions for
receiving pension Q. What are the retirement laws under RA
No retiring judge shall 6683?
o appear as counsel before any court
in a civil case where the Gov’t is the A. RA 6683: provides for early retirement and
voluntary separation from the gov’t service as
adverse party
o appear as counsel on any criminal well for involuntary separation due to
reorganization. NB: RA extends to coterminous
case where PO/E is accused in an
employees as well in order to have equal
offense in relation to his office
protection of law.
o collect any fee for his appearance in
any admin proceeding to maintain
Q. Are retirement benefits liable to pay
interest adverse to the gov’t
debts?
Q. What are the retirement benefits of
A. No, Retirement benefits accruing to a PO/E
constitutional officers?
are precluded from being withheld and applied
to his indebtedness to the Gov’t or to a private
A. When entitled to receive benefits:
person. Unless clearly provided for in the law,
• Upon completion of his term the pension should inure wholly to the benefit
• By reason of inability to discharge duties of the pensioner.
if his office
• Dies while in the service Q. Is double pension allowed? When is it
• Resigns after reaching 60 years old but allowed?
before expiration of term having
rendered at least 20 years of service A. GR: pension and other gratuity laws should
be construed as to any person from receiving
NB: Courtesy resignation ≠ resignation double compensation. An example would be
mentioned above; but still entitles such person when there is an express legal exception (e.g.
to receive all retirement benefits because the sec8, Art 9-B Consti)
acceptance of such resignation rendered his
term completed. D. OTHER PRIVILEGES
Q. What is the nature of retirement Q. What legal services are rendered by

benefits? the Solicitor General and government
lawyers
functions, while Congress is in
A. A PO/E can avail the services of the Solicitor session
General when it is a civil suit for damages b. bills introduced in Congress,
arising from the performance of his duties. NB: whether in session or not
If criminal suit, SG can’t represent him. LGU c. other acts performed by
officials can avail the services of the SG if they Congressmen, either in Congress
are sued in their official capacity and no or outside, in the official
personal liability will result. If they may be discharge of their duties duly
rendered personally liable, a private counsel is authorized to perform its
needed. functions
d. extends to the drafting of a
Q. What are the legislative privileges? report submitted to committees
A. It is provided in Sec11, Art VI of the NB: So a Congressman can deliver a

Constitution. speech/make a report in the discharge of his
legislative function, slandering and destroying
Immunity from arrest other in impunity or baselessly defaming a
private citizen, without being civilly or
Conditions necessary: criminally liable for libel!
1. Crime charged must not have a Q. What are the privileges of impeachable
penalty more than 6 years officers?
imprisonment
NB: If bailable, can post bail to A. Impeachable officers cannot be suspended
attend sessions nor removed, except by impeachment.
2. The Congress is in session Disciplinary actions, such as disbarment, do not
NB: If in recess, he can still be apply to impeachable officials, by reason of
arrested if doesn’t fall under #1. violations of his oath (if he is a lawyer) or
malfeasance or misconduct. Such person can
Jalosjos case only be held administratively liable only after
separation from office. (Why? Doctrine of
When a person charged with rape in the TC, Separation of Powers). Impeachable officers are
and while appeal is pending is elected as the following: President, Vice-Pres, SC justices,
Congressman, his election did not condone his Members of Constitutional Commission and
offense nor allow him to be free from Ombudsman.
confinement and attend sessions of Congress.
Why? The people elected him with full
awareness of the limitations on his freedom of
action and movement. Immunity from arrest
from #1 does not extend to immunity from
being preventively suspended as a member of
the Legislature for his crime under Anti Graft
Act, as the latter does not exclude members of
Congress from the coverage.
Q. What is the immunity from civil and

criminal action for speech or debate
(Speech or debate clause)
A. Scope of the privilege:
a. utterances made by
Congressmen (and Senators) in
the performance of their official
RA 6713: Code of Conduct and Ethical
Standards for Public Officials and Employees
RA 7080: Plunder Law
RA 1379: Forfeiture Law/Unexplained Wealth
Act
1. Why is it important to define the term

public officers?
• The definition of public officer is

important in graft and corruption cases
because being one is an essential
element of most violations of anti-
corruption laws
• In fact, an accused may attempt to seek
the dismissal of the case against him on
the ground that:
o He is not a public officer to begin
with
o He occupies an ad
hoc/temporary office
o He receives nominal salary
o He performs proprietary
functions
o His position is that of a private
entity
1.1 Can a private individual still

commit graft and corruption? YES
• Sec 4(b) and 5 of RA 3019

• Article 222 of the RPC: A private
individual who has in his charge any
of the public funds or property
enumerated in 217-221 can be
penalized the same way as public
officers
2. What are the definitions of a public

officer as per the law?
ADMINISTRATIVE LAW QUIZZLERS -
VILLAROMAN • RPC: Any person who, by direct
provision of law, popular election or
THE OMBUDSMAN AND THE appointment by competent authority,
SANDIGANBAYAN shall take part in the performance of
public functions in the Government
of the Republic of the Philippines, or
PRELIMINARIES shall perform in said government or in
any of its branches public duties as
Pertinent Laws: an employee, agent, or subordinate
official, of any rank or class.
RA 3019: Anti-Graft and Corrupt Practices Act (Basically, anyone who works in the
Government)
• RA 3019: The term “public officer” employee, agent, or subordinate
includes elective and appointive official of any rank or class
officials and employees, permanent b) That his authority to take part in the
or temporary, whether in the classified performance of public functions or to
or unclassified or exempt service perform public duties must be:
receiving compensation from the a. By direct provision of law (Law)
Government b. By popular election (Election)
• RA 6713: The term “public officials” c. By appointment by competent
includes elective and appointive officials authority (Appointment)
and employees, permanent or
temporary, whether in the career or 4. What is the most important
non-career service, including military characteristic which distinguishes a
and police personnel, w/n they receive public office from
compensation employment/contract? Laurel v.
• RA 7080: The term public officer means Garcia
any person holding any public office in
the Government by virtue of an The delegation to the individual of some
appointment, election or contract sovereign functions of the government, to
• RA 1379: A public officer means any be exercised by him for the benefit of the
person holding any public office or public (broad: legislative, executive or
employment by virtue of an judicial functions) It was further held that
appointment, election or contract, and the length of time this function is exercised
any person holding any office or is IMMATERIAL in determining whether or
employment, by appointment or not he/she is a public officer.
contract, in any State owned or
controlled corporation or enterprise Query: Assuming the Truth Commission is
still valid, are its members public officers?
Note: YES. Being the creation of the President, the
TC exercises sovereign function of the
Senate Committee on Accountability of Public government (Executive; Fact finding)
Officers and Investigations
4.1Does a person have to be under the
Jurisdiction: All matters relating to, including payroll of the government for him
investigation of, malfeasance, misfeasance and to be a public official?
nonfeasance in office by officers and
employees of the government, its branches, No. It is a usual but NOT a necessary
agencies, subdivisions and instrumentalities; criterion for determining the nature of
implementation of the provision of the the position. It is not conclusive. At
Constitution on nepotism; and investigation of most, compensation is not an essential
any matter of public interest on its own element of public office.
initiative or brought to its attention by any
member of the Senate.
4.2Is the first gentleman or first lady a
public officer?
3. What is the definition of public officer
as per jurisprudence? Azarcon v. Not necessarily. He must still exercise
Sandiganbayan
some sovereign function.
REQUISITES: A person must be:
Query: During GMA’s time, Mike Arroyo
worked in the OP by appointment of the
a) Taking part in the performance of President. At the time he was exercising
public functions in the government, these functions, was a public officer?
or performing in said government any of
its branches public duties as an
YES. By appointment, he was exercising B was dismissed, it doesn’t necessarily
sovereign functions (charity, etc) mean that the criminal case (which involves
the same facts and allegations) should be
4.3 Is the private sector dismissed also.
representative to the governing
board of any government agency a 5.1If that is the case, then when can a
public officer? Javier v. dismissal of an admin case lead to
Sandiganbayan an acquittal?
Yes. The fact that the person was In Constantino v. Sandiganbayan, it was
appointed from the public sector and held that if the admin case was dismissed
not from some other branches or due to the finding that the act from which
agencies of the government does not the liability is anchored does not exist, the
take his/her position outside of the criminal case should likewise be dismissed.
meaning of a public office. The crucial The SC heavily relied on the principle of res
test is still the performance of sovereign judicata in ruling that the criminal case
function. should be dismissed.
4.4Is a private individual called upon 5.2When can the dismissal of an admin
to assist in performing a case lead to an acquittal?
governmental function a public
officer? In Larin v. Executive Secretary, the accused
was acquitted in the criminal case and the
No, as held in the Azarcon case (p10) SC later upheld the dismissal of the
administrative case. This was because the
4.5As said beforehand, a private very basis of the admin case agains the
individuals who has in his charge accused was his conviction in the criminal
funds or property of the action.
government is held to be liable
under 217-221. Does this mean that 6. When may issues in a civil case have a
individual is deemed a public bearing in a criminal case arising from
officer? the same facts?
No. The provision only PENALIZES the When prejudicial questions arise, the
private individual the same way a public suspension of the criminal action may be
officer is penalized. Nowhere is it stated availed of due to the pendency of PJQ in a
that he is deemed a public officer. civil action.
5. What is the three-fold responsibility of Rule 112 Sec 7: Elements of PJQ:

a public officer?
a) Previously instituted civil action involves
a) Criminal an issue similar or intimately related to
b) Civil the issue raised in the SUBSEQUENT
c) Administrative criminal action
b) The resolution of such issue determines
This merely means that a public officer can w/n the criminal action may proceed
be held liable for all three separately,
alternately, simultaneously or successively. Chapter 1: OMB and the Sandiganbayan
The only thing that differs is the quantum of
proof required. Criminal: PBRD Civil: 7. Does the OMB have investigatory
Preponderance Admin: Substantial power? YES
It was held in Ferrer v. Sandiganbayan that General Investigatory Power: The OMB
just because an administrative case against shall investigate on its own, or on complaint
by any person, any act or omission of any b) members of the Cabinet,
public official, employee, office or agency, c) members of local government,
when such act or omission appears to be d) members of GOCCs and their
illegal, unjust, improper or inefficient subsidiaries
7.1What may the OMB do in the Except:

exercise of its investigatory power?
a) Officials who may removed only be
a) Direct the officer concerned to come up impeachment
with the copies of documents b) or over the members of the Congress
concerning the contracts/transactions and
entered into by his office involving the c) the members of the judiciary.
disbursement of funds/property. He may d) Public school teachers OMB v. Galicia
report any irregularity to the
Commission on Audit for appropriate 9. Granting that the OMB has disciplinary
action authority, does this mean he is
b) Request any administrative agency for usurping the power of the head of the
assistance and information necessary in office of the public officer concerned?
the discharge of its responsibilities and
if necessary, examine pertinent records No. This is because the power of the OMB to
c) Administer oaths, issue subpoena and investigate and prosecute any illegal
subpoena duces tecum and take act/omission of any public official is NOT
testimony in any investigation or inquiry exclusive BUT is shared with the head of
d) Investigate IMPEACHABLE officials (but office/body concerned. In fact, if an OMB
not discipline them) for the purpose of “recommends” a sanction, the proper
filing a verified complaint for officer concerned must be the one to
impeachment implement it.
In RA 6770, the OMB can investigate and 9.1Can an OMB directly impose the
prosecute on its own or on the complaint of any administrative penalties of
persn, any act or omission of any public officer removal, suspension, demotion,
or employee, office or agency, when such act fine, censure?
or omission appears to be illegal, unjust,
improper or inefficient. Yes. He has the power to dismiss erring
public servants on the basis of his
It has primary jurisdiction over cases administrative disciplinary authority.
cognizable by the Sangdiganbayan and in the
exercise of this primary jurisdiction, it may take 9.2What are the grounds for an
over, at any stage, from any investigatory administrative complaint?
agency of the Government, the investigation of
such cases. a) Acts contrary to law/regulations
b) Unreasonable, unfair, oppressive or
Further, the OMB even has contept power in discriminatory
accordance with the RoC. c) Inconsistent with the general course of
an agency’s functions though lawful
8. Does the OMB have administrative d) Acts based on a mistake of law,
disciplinary authority? YES arbitrary ascertainment of facts
e) Acts in the exercise of discretionary
The OMB shall have disciplinary authority powers but for an improper purpose
over: f) Irregulat, immoral or unjustified acts
g) Refusal to comply/delay in compliance
a) all elective and appointive officials of with the directive of the OMB
the government and its subdivisions, h) Other grounds of EO 292
instrumentalities and agencies
9.3How is an admin complaint filed?
11.Does the OMB have power to
Initiated by a written complaint under oath prosecute? YES
accompanied by affidavits of witnesses.
Yes, generally, he can prosecute any public
An admin proceeding may also be ordered officer.
by the OMB/his deputy on his initiative or
on the basis of a complaint originally filed The exception would be presidents,
as a criminal action or request for directors/trustees, or managers of GOCCs
assistance that were incorporated under the
corporation code. The DOJ prosecutors have
Query: Can this admin proceeding be that power.
compelled by mandamus? No. Discretionary
functions. The OMB also has the power to grant
immunity from criminal prosecution to any
9.4What is the remedy of a public officer person whose testimony/document may be
who is sanctioned by the OMB? necessary to determine the truth.
Rule 43: Resolutions of the OMB in admin 12.Does the OMB have the power to
disciplinary cases should be taken to the recover ill-gotten wealth? YES
CA.
He can investigate/initiate the proper action
9.5When are the decisions of the OMB for the recovery of ill-gotten wealth
final? amassed after 2/25/86
If the penalty is public censure, reprimand After the cut-off date, the SOLGEN shall file
or suspension of not more than one month, the action for forfeiture.
it shall be final and unappeasable.
13. What are the other lesser powers of
In all other cases, the right to appeal is the OMB?
given within 10 days from receipt
a) Power to receive complaints in any form
10.Does the OMB have the power of or manner.
preventive suspension? YES a. OMB must act promptly on these
complaints and if it finds the
Yes, the OMB and his deputy can same baseless, it shall dismiss
preventively suspend a public officer the same and inform the
pending investigation PROVIDED: complainant
b. If it finds a reasonable ground to
a) The charge involves dishonesty, investigate further, the public
oppression, grave misconduct or neglect officer/employee will be
of duty furnished with the complaint and
b) The charges would warrant removal will be required to submit an
c) The respondent’s continued stay in answer within 72 hours. If the
office may prejudice the case filed answer is found satisfactory, the
against him (Logically, how will the OMB OMB shall dismiss
investigate if he’s still around the office?
Respondent can definitely hamper the b) Power to refer complaints to proper
investigation) disciplinary authorities.
a. The referral would be for the
The preventive suspension shall not be proper disciplinary authority for
more than 6 months but prior notice and the institution of appropriate
hearing is NOT required for the issuance of administrative proceedings
the order of preventive suspension
c) Power to deputize investigators,
prosecutors and government lawyers
d) Power to recommend policy
14.When can the courts interfere with the

OMBs exercise of his
investigatory/prosecutor powers?
GR: The filing or non-filing of the

information (it requires the finding of
probable cause) is DISCRETIONARY on the
OMB’s part therefore it cannot be
compelled by mandamus
EXCEPTION: The SC can review the OMB’s

action when there is grave abuse of
discretion on his part more particularly:
a) To afford protection to the Consti rights

of the accused
b) Necessary for the orderly administration
of justice
c) Prejudicial questions which is sub judice
d) When his actions is in excess of his
authority
e) When he is prosecuting based on an
ivalid law
f) When double jeopardy is clearly
apparent
g) When the court has no jurisdiction
h) When it is persecution and the charges
are manifestly false
15.What are the remedies available

against resolution of OMB in admin
cases?
OMB’s decision in admin cases: Rule 43,

appeal to the CA
OMB’s decision finding probable cause and
filing the information: Rule 65 with the SC
OMB’s decision in finding LACK of probable
cause: Rule 65 with the SC
(d) Philippine army and air
16.What crimes and offenses are under the force colonels, naval
exclusive original jurisdiction of the SB? captains, and all officers of
higher rank;
a) Violations of RA 3019, Direct bribery, (e) Officers of the Philippine
indirect bribery, qualified bribery and National Police while
corruption of public officials occupying the position of
b) Other offenses or felonies whether provincial director and those
simple or complexed with crimes holding the rank of senior
committed by public officials superintendent or higher;
c) Civil and criminal cases filed pursuant to (f) City and provincial
and in connection with EO 1, 2, 14 and prosecutors and their
14-A assistants, and officials and
d) Other violations as long as committed in prosecutors in the Office of
relation to office: namely robbery, the Ombudsman and special
murder, falsification of public prosecutor;
documents, homicide (g) Presidents, directors or
trustees, or managers of
17.Who are the public officers who may be government-owned or
charged before the SB? -controlled corporations,
state universities or
SB has EOJ where one or more of the educational institutions or
accused are officials occupying the foundations;
following positions in the government
whether in a permanent, acting or interim (2) Members of Congress and
capacity, at the time of the commission of officials thereof classified as
the offense: Grade'27'and up under the
Compensation and Position
(1) Officials of the executive branch Classification Act of 1989;
occupying the positions of regional
director and higher, otherwise (3) Members of the judiciary without
classified as Grade '27' and higher, prejudice to the provisions of the
of the Compensation and Position Constitution;
Classification Act of 1989 (Republic
Act No. 6758), specifically including: (4) Chairmen and members of
Constitutional Commissions, without
"(a) Provincial governors, prejudice to the provisions of the
vice-governors, members of Constitution; and
the sangguniang
panlalawigan and provincial (5) All other national and local
treasurers, assessors, officials classified as Grade'27'and
engineers and other higher under the Compensation and
provincial department Position Classification Act of 1989.
heads;
"(b) City mayors, vice- Note: Inding v. Sandiganbayan: 5 groupings:
mayors, members of the
sangguniang panlungsod, city a) Officials of the executive branch, with
treasurers, assessors SG27 or higher
engineers and other city a. Further specification (1[a]-1[g] of
department heads; the list above)
"(c) Officials of the diplomatic b. IMPORTANT: These officials are
service occupying the within EOJ of SB regardless of
position of consul and salary grade
higher;
b) Members of Congress and officials meaning, the offense cannot and could not
classified as SG27 or higher have existed without the office. Montilla vs.
c) Members of the judiciary Hilario
d) Charimen and members of Consti
Commissions EX: Although public office is not an element
e) All other national and local officials of an offense charged, as long as the
classified as SG27 and higher offense charged in the information is
intimately connected with the office
18. Lacson v. Executive Secretary: The and is alleged to have been
following requisites must concur to fall perpetrated while the accused was in
under the EOJ of the SB: the performance of his official
functions, there being no personal
1) The offense committed is a: motive to commit the crime (had he
a. Violation of RA 3019 not held that office) People vs. Montejo
b. Violation of RA 1379
c. RPC: Law on bribery Illustrative cases of offenses committed
d. EO 1, 2, 14, 14-A in relation to office
e. Other offenses or felonies 1. Crisostomo vs. Sandiganbayan:
whether simple or complexed Commission of murder by jail guard
with other crimes against the prisoner-victim. The
2) The offender committing offenses in A, function of a jail guard is to insure
B and E is a public official or safe custody of persons detained in
employee holding any of the the jail. The information in this case
positions enumerated in the list alleges that the victim was a
above detention prisoner when Crisostomo,
3) The offense committed is in relation to jail guard, conspired with inmates to
his/her office kill him
a. EXCEPTIONS to this requisite 2. Esteban vs. Sandiganbayan: Acts of
(in other words, it doesn’t have lasciviousness were committed in
to be in relation to office to fall relation to petitioner’s office as a
under SB EOJ) presiding judge because as presiding
i. Sequestration cases judge, he is vested with the power to
filed against Marcos his recommend the appointment of a
family and cronies bookbinder. His imposition of a
ii. Private individuals who condition that the one he would
are charged as co- appoint as bookbinder (complainant)
principals, would have to be his girlfriend and
accomplices or report to his office everyday for a
accessories with the kiss shows that petitioner used his
PO/employees official position in committing acts of
(however, the PO they lasciviousness.
are charged with must 3. Alarilla vs. Sandiganbayan: Municipal
have committed it in mayor (petitioner) committed grave
relation to their office) threats against the municipal
iii. Violation of election councilor (complainant) when mayor
laws aimed a gun and threatened to kill
councilor during a public hearing,
19.What is the meaning of the term, “in after the councilor had rendered a
relation to office”? privileged speech which was critical
of mayor’s administration. If he was
GR: For an offense to be committed in not mayor, he would not have been
relation to the office, the relation between irritated or angered by whatever the
the crime and the office must be direct,
complainant might have said during
his privilege speech. 22.Does SB have jurisdiction over officers
of GOCCs incorporated under the
Corporation Code?
20. When must the information contain
specific allegations showing the YES. SB has jurisdiction over both types of
intimate connection between the crime corporations whether it be incorporated
charged and the public office held by under the Corp Code or by law (an original
the accused? Barriga v. charter)
Sandiganbayan
However, OMB will prosecute if GOCC has
There are actually two classes of public original charter while normal prosecutors
office-related crimes or offenses namely: will prosecute if under the Corp code.
a) Constituent Element: Crimes or People vs. Sandiganbayan held that

felonies in which the public office is a Sandiganbayan has jurisdiction over
constituent element as defined by presidents, directors or trustees, or
statute, meaning that the crime managers of GOCCs with original
cannot exist without the office-> SB charters and those incorporated
has original jurisdiction, no need to under the Corporation Code
state specific factual allegations whenever charges of graft and
b) Intimately Connected: Such offenses corruption are involved, since the
or felonies which are intimately legislature has refrained from making
connected with the public office and any distinction with respect to the
are perpetrated by the public officer manner of their creation.
while in the performance of his official o Who will prosecute when said
functions -> SB has original jurisdiction officers are charged before
but information must contain specific Sandiganbayan?
factual allegations showing the intimate o Original charter:
connection Ombudsman
o Under the Corporation
When the accused’s public office is not a Code: Regular
constituent element of the crime charged, bare prosecutors
allegation in the information that the accused Why the distinction: Based
“committed the crime charged in relation to Art. XI Sec. 13 (2) of the 1987
office” is not sufficient for a valid information. Constitution, the Office of the
The specific allegations of facts that show the Ombudsman exercises
intimate connection between the commission jurisdiction over public
of the offense charged and the discharge of officials/employees of GOCCs
official functions of the public officers with original charters.
determine the jurisdiction of Sandiganbayan
(Soller et al. vs. Sandiganbayan)
21.May private individuals be charged 23.Is salary grade important in

before the SB? YES. 2 situations determining if SB has EOJ?
a) When private individuals are criminally Not necessarily. Reference has to be made
charged as co-principals, accomplices, on the list. This is important because an
accessories with the public officers or officer may be an officer with a salary grade
employees (who must be under the below 27 but still expressly included in SB’s
enumeration) jurisdiction.
b) Sequestration cases filed under EO 1, 2,
14 and 14-A to recover ill-gotten wealth
24.What is the extent of SB’s Rules of Criminal Procedure as amended, as
jurisdiction? the case may be.
Sandiganbayan has exclusive original SEC. 2. Petition for Review.- Appeal to the
jurisdiction over the accused if the Sandiganbayan from a decision of the Regional
accused belongs to any of the five (5) Trial Court in the exercise of its appellate
categories enumerated in Sec. 4(a) from jurisdiction shall be by Petition for Review
(1) to (5) of PD 1606 (Revising PD 1486 under Rule 42 of the 1997 Rules of Civil
Creating A Special Court To Be Known As Procedure.
SANDIGANBAYAN):
26. What happens when an appeal is
* Geduspan et al. vs. Sandiganbayan held that erroneously brought to CA instead of
it is of no moment that the position of Sandiganbayan
petitioner (Department Director A of PhilHealth
[GOCC]) is merely classified as salary grade 26 Estarija vs. People et al. provides that
since the second part of Section 4(a) of PD erroneously filing an appeal with the CA instead
1606 “specifically includes” other executive of to the Sandiganbayan does not toll the
officials whose positions may not be of grade running of the period for him to perfect his
27 and higher but who are by express provision appeal to the Sandiganbayan. Melencion vs.
of law placed under the jurisdiction of said Sandiganbayan held that an appeal
court. It is the position that petitioner holds, erroneously taken to the CA shall not be
not her salary grade, that determines the transferred to the appropriate court but shall
jurisdiction of Sandiganbayan. be dismissed right away.
*Inding vs. Sandiganbayan states that 27. What is the effect of the ruling in
the specific inclusion of the foregoing People vs. Mateo on Sandiganbayan’s
officials constitutes an exception to the appellate jurisdiction
general qualification relation to officials
of the executive branch occupying the The rationale of the Mateo ruling is that there
positions with salary grade 27 or higher. must be an intermediate review by a
subordinate appellate court before the case is
25.What is Sandiganbayan’s exclusive elevated to the SC in order that all possible
appellate jurisdiction avenues to determine his guilt or innocence
Section 4 of PD 1606, as amended by must be accorded an accused if the penalty
RA 8249, provides that the imposed is death (now abolished), reclusion
Sandiganbayan shall exercise exclusive perpetua or life imprisonment.
appellate jurisdiction over final
judgments, resolutions or orders of RTCs Supposing RTC, in its original jurisdiction,
whether in the exercise of their own imposes a penalty of reclusion perpetua in a
original jurisdiction or of their appellate qualified bribery case against a police officer
jurisdiction over graft and corruption with a salary grade 14. Said case requires a
cases mandatory review. Where can the police officer
appeal his conviction – to the CA or to
Modes of appeal: Sandiganbayan? It must be appealed to the
Rule XI Sections 1 and 2 of Revised Internal Sandiganbayan because PD 1606 has conferred
Rules of Sandiganbayan provide: upon it an exclusive appellate jurisdiction over
decisions and final orders of RTCs in cases
SECTION 1. Ordinary Appeal.- Appeal to the involving graft and corruption
Sandiganbayan from a decision rendered by a
Regional Trial Court in the exercise of its 28. What is the jurisdiction of the regular
original jurisdiction shall be by ordinary appeal courts over graft and corruption cases?
under Rules 41 and 44 of the 1997 Rules of
Civil Procedure or Rules 122 and 124 of the Exclusive original jurisdiction shall be vested in
the proper RTC, MeTC, MTC, MCTC pursuant to
their respective jurisdictions as provided in BP
129:
(a) Violations of RA 3019 (Anti-
Graft and Corrupt Practices
Act) and Chapter II, Section
2, Title VII, Book II of the
RPC; and
(b) Other offenses or felonies
whether simple or complexed
with other crimes committed
by public officials and
employees in relation to their
office,
Provided that, Case Doctrines
(i) None of the accused is a
public officer belonging to 1. ARNAULT vs. NAZARENO
any of the five categories
enumerated in Section Although there is no provision in the
4(a) from (1) to (5) of PD Constitution expressly investing either House of
1606; or Congress with power to make investigations
(ii) The only accused is a and exact testimony to the end that it may
private individual or exercise its legislative functions as to be
individuals in appropriate implied. In other words, the power of
cases. inquiry — with process to enforce it — is
an essential and appropriate auxiliary to
Suppose the accused is a stockholder of the legislative function. Once an inquiry is
a private entity negotiating with LTO admitted or established to be within the
and brother-in-law of the President of jurisdiction of a legislative body to make, the
the Republic. During negotiations, investigating committee has the power to
accused intervened and convinced the require a witness to answer any question
President to order the LTO to sign the pertinent to that inquiry, subject of course to
contract. Accused was charged with his constitutional right against self-
violation of RA 3019 which prohibits incrimination. If the subject of investigation
certain relatives of high-ranking before the committee is within the range
government officials “to intervene, of legitimate legislative inquiry and the
directly or indirectly, in any business, proposed testimony of the witness called
transaction with the Government.” relates to that subject, obedience, to its
Which court has jurisdiction over the process may be enforced by the
case, Sandiganbayan or regular courts? committee by imprisonment.
Sandiganbayan does not have 2. SENATE vs. ERMITA

jurisdiction because accused is a
private individual (who cannot commit
an offense in relation to office) and he is Section 1 specifically applies to department
not charged as a co-principal, heads. It does not, unlike Section 3, require a
accomplice or accessory with any public prior determination by any official whether they
officer. If the regular court convicts the are covered by E.O. 464. The required prior
accused, he can appeal his conviction to consent under Section 1 is grounded on Article
the CA. VI, Section 22 of the Constitution on what has
been referred to as the question hour. Section
1, in view of its specific reference to Section 22
of Article VI of the Constitution and the absence
of any reference to inquiries in aid of
legislation, must be construed as limited in its
application to appearances of department the President," which means that he
heads in the question hour contemplated in the personally consulted with her. The
provision of said Section 22 of Article VI. The privilege being an extraordinary power, it
requirement then to secure presidential must be wielded only by the highest
consent under Section 1, limited as it is only to official in the executive hierarchy. In
appearances in the question hour, is valid on other words, the President may not
its face. For under Section 22, Article VI of the authorize her subordinates to exercise
Constitution, the appearance of department such power.
heads in the question hour is discretionary on
their part. Section 1 cannot, however, be 3. NERI vs SENATE
applied to appearances of department heads in
inquiries in aid of legislation. The communications elicited by the three
questions are covered by executive privilege. It
(2). The claim of privilege under Section 3 must be stressed that the revocation of E.O.
of E.O. 464 in relation to Section 2(b) is 464 does not in any way diminish our concept
thus invalid per se. It is not asserted. It is of executive privilege. There are two (2)
merely implied. Instead of providing kinds of executive privilege; one is
precise and certain reasons for the claim, the presidential communications privilege
it merely invokes E.O. 464, coupled with and, the other is the deliberative process
an announcement that the President has privilege. The former pertains to
not given her consent. Section 2(b) in "communications, documents or other
relation to Section 3 virtually provides materials that reflect presidential
that, once the head of office determines decision-making and deliberations and
that a certain information is privileged, that the President believes should remain
such determination is presumed to bear confidential." The latter includes
the President’s authority and has the 'advisory opinions, recommendations and
effect of prohibiting the official from deliberations comprising part of a process
appearing before Congress, subject only by which governmental decisions and
to the express pronouncement of the policies are formulated." Presidential
President that it is allowing the communications privilege applies to
appearance of such official. These decision-making of the President while,
provisions thus allow the President to authorize the deliberative process privilege,
claims of privilege by mere silence. Such to decision-making of executive officials.
presumptive authorization, however, is The first is rooted in the constitutional principle
contrary to the exceptional nature of the of separation of power and the President's
privilege. The doctrine of executive unique constitutional role; the second on
privilege is thus premised on the fact that common law privilege. Unlike
certain informations must, as a matter of the deliberative process privilege, the
necessity, be kept confidential in pursuit presidential communications
of the public interest. The privilege being, privilege applies to documents in their
by definition, an exemption from the entirety, and covers final and post-
obligation to disclose information, in this decisional materials as well as pre-
case to Congress, the necessity must be deliberative ones. As a consequence,
of such high degree as to outweigh the congressional or judicial negation of
public interest in enforcing that the presidential communications
obligation in a particular case. In light of privilege is always subject to greater
this highly exceptional nature of the scrutiny than denial of the deliberative
privilege, the Court finds it essential to process privilege.
limit to the President the power to invoke
the privilege. She may of course In the case at bar, Executive Secretary
authorize the Executive Secretary to Ermita premised his claim of executive
invoke the privilege on her behalf, in privilege on the ground that the
which case the Executive Secretary must communications elicited by the three (3)
state that the authority is "By order of
questions "fall under conversation and contempt Order in view of five (5) reasons.
correspondence between the President First, there being a legitimate claim of
and public officials" necessary in "her executive privilege, the issuance of the
executive and policy decision-making contempt Order suffers from constitutional
process" and, that "the information infirmity. Second, respondent Committees did
sought to be disclosed might impair our not comply with the requirement laid down
diplomatic as well as economic relations in Senate v. Ermita that the invitations should
with the People's Republic of China." contain the "possible needed statute which
Simply put, the bases are presidential prompted the need for the inquiry," along with
communications privilege and executive "the usual indication of the subject of inquiry
privilege on matters relating to diplomacy and the questions relative to and in furtherance
or foreign relations. thereof." Unfortunately, despite petitioner's
repeated demands, respondent Committees did
Elements of presidential communications not send him an advance list of questions.
privilege, to wit: 1) The protected Third, a reading of the transcript of respondent
communication must relate to a Committees' January 30, 2008 proceeding
"quintessential and non-delegable reveals that only a minority of the members of
presidential power." 2) The the Senate Blue Ribbon Committee was present
communication must be authored or during the deliberation. Section 18 of
"solicited and received" by a close advisor the Rules of Procedure Governing Inquiries in
of the President or the President himself. Aid of Legislation provides that:"The
The judicial test is that an advisor must Committee, by a vote of majority of all its
be in "operational proximity" with the members, may punish for contempt any
President. 3) The presidential witness before it who disobeys any order of the
communications privilege remains a Committee or refuses to be sworn or to testify
qualified privilege that may be overcome or to answer proper questions by the
by a showing of adequate need, such that Committee or any of its members." Clearly, the
the information sought "likely contains needed vote is a majority of all the members
important evidence" and by the of the Committee. And fifth, respondent
unavailability of the information Committees' issuance of the contempt Order is
elsewhere by an appropriate arbitrary and precipitate. It must be pointed
investigating authority. Using the above out that respondent Committees did
elements, we are convinced that, indeed, the not first pass upon the claim of executive
communications elicited by the three (3) privilege and inform petitioner of their ruling.
questions are covered by the presidential Instead, they curtly dismissed his explanation
communications privilege. First, the as "unsatisfactory" and simultaneously issued
communications relate to a "quintessential and the Order citing him in contempt and ordering
non-delegable power" of the President, i.e. the his immediate arrest and detention.
power to enter into an executive
agreement with other countries. Second, 4. NERI vs SENATE (G.R. 180643,
the communications are "received" by a close September 4, 2008 )
advisor of the President. Under the "operational
proximity" test, petitioner can be considered a The privilege is fundamental to the
close advisor, being a member of President operation of government and inextricably
Arroyo's cabinet. And third, there is no rooted in the separation of powers under
adequate showing of a compelling need that the Constitution When Congress exercises
would justify the limitation of the privilege and its power of inquiry, the only way for
of the unavailability of the information department heads to exempt themselves
elsewhere by an appropriate investigating therefrom is by a valid claim of privilege.
authority. They are not exempt by the mere fact
that they are department heads. Only one
(2) Respondent Committees committed grave executive official may be exempted from this
abuse of discretion in issuing the power - the President on whom executive
power is vested, hence, beyond the reach of Congress to regulate or even abolish.”
Congress except through the power of PCGG belongs to this class. Certainly, a
impeachment. mere provision of law cannot pose a limitation
to the broad power of Congress, in the absence
Only communications at that level are of any constitutional basis. One important
close enough to the President to be limitation on the Congress’ power of inquiry is
revelatory of his deliberations or to pose that “the rights of persons appearing in or
a risk to the candor of his advisers. (it is affected by such inquiries shall be respected.”
"operational proximity" to the President This is just another way of saying that the
that matters in determining whether power of inquiry must be “subject to the
"[t]he President’s confidentiality limitations placed by the Constitution on
interests" is implicated). government action. Under the present
circumstances, the alleged anomalies in the
3) The context in which executive PHILCOMSAT, PHC and POTC, ranging in
privilege is being invoked is that the millions of pesos, and the conspiratorial
information sought to be disclosed might participation of the PCGG and its officials are
impair our diplomatic as well as economic compelling reasons for the Senate to exact vital
relations with the People’s Republic of information from the directors and officers of
China. Given the confidential nature in which Philcomsat Holdings Corporations, as well as
this information were conveyed to the from Chairman Sabio and his Commissioners to
President, he cannot provide the Committee aid it in crafting the necessary legislation to
any further details of these conversations, prevent corruption and formulate remedial
without disclosing the very thing the privilege measures and policy determination regarding
is designed to protect. The Court denied the PCGG’s efficacy.
petition, stressing that "secrecy of
negotiations with foreign countries is not 6. GUDANI VS. SENGA
violative of the constitutional provisions The ability of the President to require a military
of freedom of speech or of the press nor official to secure prior consent before
of the freedom of access to information." appearing in Congress pertains to wholly
different and independent specie of
5. SABIO vs. GORDON presidential authority—the commander-in-chief
powers of the President. By tradition and
jurisprudence, the commander-in-chief powers
The 1987 Constitution recognizes the power of of the President are not encumbered by the
investigation, not just of Congress, but also of same degree of restriction as that which may
“any of its committee.” It constitutes a direct attach to executive privilege or executive
conferral of investigatory power upon the control.
committees and it means that the mechanisms
which the Houses can take in order to The ability of the President to prevent military
effectively perform its investigative function officers from testifying before Congress does
are also available to the committees. Section not turn on executive privilege, but on the
4(b) is directly repugnant with Article VI, Chief Executive’s power as commander-in-chief
Section 21. Section 4(b) exempts the to control the actions and speech of members
PCGG members and staff from the of the armed forces and as a consequence, a
Congress’ power of inquiry. Nowhere in military officer who defies such injunction is
the Constitution is any provision granting liable under military justice. The President’s
such exemption. Congress’ power of prerogatives as commander-in-chief are not
inquiry, being broad, encompasses hampered by the same limitations as in
everything that concerns the executive privilege. The commander-in-chief
administration of existing laws as well as provision in the Constitution is denominated as
proposed or possibly needed statutes. It Section 18, Article VII, which begins with the
even extends “to government agencies simple declaration that “[t]he President shall be
created by Congress and officers whose the Commander-in-Chief of all armed forces of
positions are within the power of the Philippines. Outside explicit constitutional
limitations, such as those found in Section 5,
Article XVI, the commander-in-chief clause As a general rule, a petition for certiorari will
vests on the President, as commander-in-chief, not be entertained unless the administrative
absolute authority over the persons and actions agency has had, through a motion for
of the members of the armed forces. Such reconsideration, a chance to correct the error
authority includes the ability of the President to imputed to it. This rule is subject, however, to
restrict the travel, movement and speech of exceptions, among which are the following,
military officers, activities which may otherwise namely: 1) where the issue raised is one purely
be sanctioned under civilian law. of law; 2) where public interest is involved; and
3) in case of urgency. The rule requiring
7. CARPIO VS. EXECUTIVE SECRETARY exhaustion of remedies does not call for an
exercise in futility.
The Constitution provides that the President
has control of all executive departments, Previous notice and hearing, as elements of
bureaus, and offices. As a corollary rule to the due process, are constitutionally required for
control powers of the President, is the doctrine the protection of life or vested property rights,
of Qualified Political Agency". Under this as well as of liberty, when its limitation or loss
doctrine, "all executive and administrative takes place in consequence of a judicial or
organizations are adjuncts of the Executive quasi-judicial proceeding, generally dependent
Department, the heads of the various executive upon a past act or event which has to be
departments are assistants and agents of the established or ascertained. Where the function
Chief Executive, and, except in cases where the of the administrative body is legislative, notice
Chief Executive is required by the Constitution or hearing is not required by due process of
or law to act in person on the exigencies of the law. "If the nature of the administrative agency
situation demand that he act personally, the is essentially legislative, the requirements of
multifarious executive and administrative notice and hearing are not necessary. The
functions of the Chief Executive are performed validity of a rule of future action which affects a
by and through the executive departments, group, if vested rights of liberty or property are
and the acts of the Secretaries of such not involved, is not determined according to
departments, performed and promulgated in the same rules which apply in the case of the
the regular course of business, unless direct application of a policy to a specific
disapproved or reprobated by the Chief individual. Procedural due process is not
Executive presumptively the acts of the Chief required, however, in the formulation and
Executive." Thus, and in short, the President's issuance of general rules and regulation as
power of control is directly exercised by him distinguished from the rendering of
over the members of the Cabinet who, in turn, determinations and decisions in adjudicatory
and by his authority, control the bureaus and proceedings. Nor is procedural due process
other offices under their respective jurisdictions required where there is no interference with
in the executive department. Such life, liberty, or a vested property right.
organizational set-up (of PNP and NAPOLCOM)
does not detract from the mandate of the 9. SMART COM vs. NTC
Constitution that the national police force shall In questioning the validity or constitutionality of
be administered and controlled by a national a rule or regulation issued by an administrative
police commission as at any rate, and in fact, agency, a party need not exhaust
the Act in question adequately provides for administrative remedies before going to court.
administration and control at the commission Exhaustion applies only where the act of the
level. administrative agency concerned was
performed pursuant to its quasi-judicial
PNP, as a civilian agency of the government, function, and not when the assailed act
properly comes within, and is subject to, the pertained to its rule-making or quasi-legislative
exercise by the President of the power of power.
executive control. However, where what is assailed is the validity
or constitutionality of a rule or regulation
8. CENTRAL BANK vs. CLORIBEL issued by the administrative agency in the
performance of its quasi-legislative function, and essential requirements of due process in
the regular courts have jurisdiction to pass trials and investigations of an administrative
upon the same. The determination of whether a character. There are primary rights which must
specific rule or set of rules issued by an be respected even in proceedings of this
administrative agency contravenes the law or character:
the constitution is within the jurisdiction of the
regular courts. The Constitution vests the (1) The Right to a Hearing, which includes the
power of judicial review or the power to declare right of the party interested or affected to
a law, treaty, international or executive present his own case and submit evidence in
agreement, presidential decree, order, support thereof.
instruction, ordinance, or regulation in the (2) The Tribunal must consider the evidence
courts, including the regional trial courts. presented.
(3) The Decision must have something to
10. ANG TIBAY vs. CIR support itself.
(4) The Evidence must be substantial.
Nature and Powers of the Court of Industrial (5) The decision must be rendered on the
Relations: evidence presented at the hearing, or at least
The Court of Industrial Relations is a special contained in the record and disclosed to the
court whose functions are specifically stated in parties affected.
the law of its creation. It is more an (6) The Court of Industrial Relations or any of
administrative than a part of the integrated its judges, therefore, must act on its or his own
judicial system of the nation. Unlike a court of independent consideration of the law and facts
justice which is essentially passive, acting only of the controversy, and not simply accept the
when its jurisdiction is invoked and deciding views of a subordinate in arriving at a decision.
only cases that are presented to it by the (7) The Court of Industrial Relations should, in
parties litigant, the function of the CIR, is more all controversial questions, render its decision
active, affirmative and dynamic. It has in such a manner that the parties to the
jurisdiction over the entire Philippines, to proceeding can know the various issues
consider, investigate, decide, and settle any involved, and the reasons for the decision
question, matter controversy or dispute arising rendered.
between, and/or affecting employers and
employees or laborers, and regulate the 11.FIRST PHILIPPINE HOLDINGS
relations between them. It shall also endeavor CORPORATION vs. SANDIGANBAYAN
for the reconciliation of the parties and induce Intervention is a remedy by which a third party,
them to settle the dispute amicably before not originally impleaded in a proceeding,
continuing with the case. becomes a litigant therein to enable him to
protect or preserve a right or interest which
There is a mingling of executive and judicial may be affected by such proceeding. Its
functions in the CIR, which is a departure from purpose is "to settle in one action and by a
the rigid doctrine of the separation of single judgment the whole controversy
governmental powers. The Act (creating CIR) (among) the persons involved"
requires it to "act according to justice and
equity and substantial merits of the case, Under the rule above-quoted, intervention shall
without regard to technicalities or legal forms be allowed when a person has:
and shall not be bound by any technicalities or • a legal interest in the matter in
legal forms and shall not be bound by any litigation;
technical rules of legal evidence but may • or in the success of any of the parties
inform its mind in such manner as it may deem • or an interest against the parties
just and equitable." • or when he is so situated as to be
adversely affected by a distribution or
The fact that the CIR may be said to be free disposition of property in the custody of
from the rigidity of certain procedural the court or of an officer thereof.
requirements does not mean that it can
entirely ignore or disregard the fundamental
That allowing the intervention may entail some
delay in the proceedings. After all, there may
be even longer delays and, worse, confusion in The lawmaking body cannot possibly provide
processes and rulings, and uncertainty in for all the details in the enforcement of a
results, if intervention is not allowed. particular statute. The grant of the rule-making
power to administrative agencies is a
As provided under Rule 12, Sec. 2 (b), relaxation of the principle of separation of
intervention shall be allowed "in the exercise of powers and is an exception to the non-
discretion" by a court. Ordinarily, mandamus delegation of legislative powers. Administrative
will not prosper to compel a discretionary act. regulations are necessary because of "the
But where there is "gross abuse of discretion, growing complexity of modem life, the
manifest injustice or palpable excess of multiplication of the subjects of governmental
authority" equivalent to denial of a settled right regulations, and the increased difficulty of
to which petitioner is entitled, and there is no administering the law". The rule-making power
other plain, speedy and adequate remedy, the must be confined to details for regulating the
writ shall issue. mode or proceeding to carry into effect the law
as it his been enacted. The power cannot be
12.US vs. PANLILIO extended to amending or expanding the
statutory requirements or to embrace matters
The fact that the information in its preamble not covered by the statute.
charged a violation of an Act does not prevent
the Court from finding the accused guilty of a
violation of an article of the Penal Code. SC
would not permit an accused to be convicted
under one Act when he is charged with the 14: Victoria Milling
violation of another, if the change from one
statute to another involved a change of the It will thus be seen that whereas prior to the
theory of the trial or required of the defendant amendment, bonuses, allowances, and
a different defense or surprised him in any overtime pay given in addition to the regular or
other way. base pay were expressly excluded, or
exempted from the definition of the term
13. PEOPLE vs. MACEREN "compensation", such exemption or exclusion
was deleted by the amendatory law. It thus
The lawmaking body cannot delegate to an became necessary for the Social Security
executive official the power to declare what Commission to interpret the effect of such
acts should constitute an offense. It can deletion or elimination. Circular No. 22 was,
authorize the issuance of regulations and the therefore, issued to apprise those concerned of
imposition of the penalty provided for in the the interpretation or understanding of the
law itself. Commission, of the law as amended, which it
was its duty to enforce. It did not add any duty
or detail that was not already in the law as
amended. It merely stated and circularized the
opinion of the Commission as to how the law
Administrative agents are clothed with rule- should be construed.
making powers because the lawmaking body
finds it impracticable, if not impossible, to 14.PHILIPPINE CONSUMERS
anticipate and provide for the multifarious and FOUNDATION, INC. vs. SECRETARY OF
complex situations that may be encountered in EDUCATION, CULTURE AND SPORTS
enforcing the law. All that is required is that the
regulation should be germane to the defects The function of prescribing rates by an
and purposes of the law and that it should administrative agency may be either a
conform to the standards that the law legislative or an adjudicative function. If it were
prescribes. a legislative function, the grant of prior notice
and hearing to the affected parties is not a
requirement of due process. As regards rates there is urgent need for judicial intervention; 5)
prescribed by an administrative agency in the when the claim involved is small; 6) when
exercise of its quasi-judicial function, prior irreparable damage will be suffered; 7) when
notice and hearing are essential to the validity there is no other plain, speedy and adequate
of such rates. When the rules and/or rates laid remedy; 8) when strong public interest is
down by an administrative agency are meant involved; 9) when the subject of the
to apply to all enterprises of a given kind controversy is private land; and 10) in quo
throughout the country, they may partake of a warranto proceedings.
legislative character. Where the rules and the
rates imposed apply exclusively to a particular 16.MORCOSO V. CA
party, based upon a finding of fact, then its
function is quasi-judicial in character. The doctrine requiring prior exhaustion of
administrative remedies before recourse to
15.SUNVILLE vs. JUDGE ABAD courts is inapplicable private, and not public,
The doctrine of exhaustion of administrative land., which means it does not fally anymore in
remedies calls for resort first to the appropriate the jurisdiction of the government.
administrative authorities in the resolution of a
controversy falling under their jurisdiction 17.NFA vs. CA
before the same may be elevated to the courts
of justice for review. Non-observance of the The doctrine of exhaustion of administrative
doctrine results in lack of a cause of action, remedies is subject to some limitations and
which is one of the grounds allowed in the exceptions. One of the exceptions is urgency of
Rules of Court for the dismissal of the the situation which necessitated a recourse to
complaint. The deficiency is not jurisdictional. the courts is justified.
Failure to invoke it operates as a waiver of the
objection as a ground for a motion to dismiss 18.ESPIRITU vs. MELGAR AND JUDGE
and the court may then proceed with the case VIROLA
as if the doctrine had been observed. One of There is nothing improper in suspending an
the reasons for the doctrine of exhaustion is officer before the charges against him are
the separation of powers. The theory is that the heard and before he is given an opportunity to
administrative authorities are in a better prove his innocence. Preventive suspension is
position to resolve questions addressed to their allowed so that the officer may not hamper the
particular expertise and that errors committed normal course of the investigation through the
by subordinates in their resolution may be use of influence and authority over possible
rectified by their superiors if given a chance to witnesses
do so. A no less important consideration is that
administrative decisions are usually questioned As a general rule, the office or body that is
in the special civil actions of certiorari, invested with the power of removal or
prohibition and mandamus, which are allowed suspension should be the sole judge of the
only when there is no other plain, speedy and necessity and sufficiency of the cause and any
adequate remedy available to the petitioner. It of the following grounds were shown to exist:
may be added that strict enforcement of the 1. When there is reasonable ground to
rule could also relieve the courts of a believe that the respondent has committed
considerable number of avoidable cases which the act or acts complained of;
otherwise would burden their heavily loaded 2. When the evidence of culpability is
dockets. strong;
3. When the gravity of the offense so
However, there are a number of instances warrants; or
when the doctrine may be dispensed with and 4. When the continuance in office of the
judicial action validly resorted to immediately. respondent could influence the witnesses or
Among these exceptional cases are: 1) when pose a threat to the safety and integrity
the question raised is purely legal; 2) when the of the records and other evidence.
administrative body is in estoppel; 3) when the
act complained of is patently illegal; 4) when
19. INDUSTRIAL ENTERPRISES, INC
vs.CA
It has been the jurisprudential trend to apply
the doctrine of primary jurisdiction in many
cases involving matters that demand the
special competence of administrative agencies.
It may occur that the Court has jurisdiction to
take cognizance of a particular case, which
means that the matter involved is also judicial
in character. However, if the case is such that
its determination requires the expertise,
specialized skills and knowledge of the proper
administrative bodies because technical
matters or intricate questions of facts are
involved, then relief must first be obtained in
an administrative proceeding before a remedy
will be supplied by the courts even though the
matter is within the proper jurisdiction of a
court. The doctrine of primary jurisdiction
applies "where a claim is originally cognizable
in the courts, and comes into play whenever
enforcement of the claim requires the
resolution of issues which, under a regulatory
scheme, have been placed within the special
competence of an administrative body, in such
case the judicial process is suspended pending
referral of such issues to the administrative
body for its view.”
CHAPTER 5: CODE OF CONDUCT AND

DISABILITIES
CODE OF CONDUCT
1. What is one general prohibition on public

officials and employees? Interest in
transaction requiring approval of their
office + solicitation/accepting gifts in the
course of their original duties
The Code of Conduct and Ethical Standards for
Public Officials and Employees forbids them 3.1 What is red tape?
from directly or indirectly having any
financial or material interest in any Red tape is a derisive term for
transaction requiring the approval of their excessive regulation or rigid conformity to
office, or soliciting or accepting, directly or formal rules that is considered redundant
indirectly, any gift, gratuity, favor, or bureaucratic and hinders or prevents
entertainment, loan or anything of monetary action or decision-making.
value from any person in the course of their
official duties or in connection with any Red tape generally includes the filling out of
operation being regulated by, or any seemingly unnecessary paperwork,
transaction which may be affected by the obtaining of unnecessary licenses, having
functions of their office. multiple people or committees approve a
decision and various low-level rules that
2. What are the basic norms of conduct of make conducting one's affairs slower, more
public officials and employees as provided difficult, or both
for in RA 6713?
Ex: LTO (the process may have been
a. Commitment to public interest: reduced to 3-4 steps BUT it is still slow)
Public interest OVER personal interest Another would be NSO
b. Professionalism: Efficiency and
dedication to duty 4. Must public records be accessible to the
c. Justness and Sincerity: Act in public? GENERALLY, YES
accordance with law, good morals, good
customs and public policy Public officials must make public documents
d. Political neutrality: Service to accessible to, and readily available for
everyone regardless of party affiliation inspection by the public within reasonable
hours. Violation could lead to criminal liability.
e. Responsiveness to the Public:
The rule just implements the Constitutional
Prompt and courteous service
right of the people to information of public
f. Nationalism and Patriotism: Loyalty concern.
to the country, promote use of local
goods, resources and technology 4.1 What is the exception to the right to
g. Commitment to democracy: information?
Accountability
h. Simple living: Lead modest lives The right to information is NOT absolute.
The law may classify certain types of public
The CSC shall adopt measures to promote the records to be privileged. This includes
observance of these standards and reward classified information. However, the
outstanding employees government agency denying access must
prove that the information is NOT of public
3. What are the rules regarding the concern, or even if it is, that it is exempted
promptness of service? by law from the operation of the right to
information.
a. ALL public officials/employees SHALL
respond to requests sent by the public The courts usually determine what
within 15 working days from receipt record/type of information is of public
thereof concern.
b. ALL heads /other officers of offices,
agencies and GOCCs SHALL render a 5. What is the duty to make a statement of
performance report within 45 days from assets and liabilities? SLAN
the end of the year
c. ALL official papers and documents must As per Sec 8 of Ra 7613, public officials and
be processed within a reasonable time employees have an obligation to accomplish
and submit declarations under oath of their A public official/employee shall avoid conflict of
assets, liabilities, net worth and financial interest at ALL times. When one arises: (this
and business interests INCLUDING those of includes a public official who is a partner in a
their spouses and of their unmarried children partnership)
under 18 living in their households.
• he shall resign from his position in any
It also the duty of every public official or private enterprise (within 30 days from his
employee to identify and disclose, to the assumption of office) OR
best of his knowledge, his relatives in the • divest himself of his shareholdings or
Government interest (within 60 days from assumption of
office)
Included are real properties, personal
properties, cash in banks, liabilities, ALL EX: An official in LTO has a 35% share in a
business interests and financial connections corporation engaged in supplying office
supplies. LTO is open for bidding. If the
These must be filed: corporation wants to bid, that official must
restrain from being involved in the decision-
a. Within 30 days after assumption of making process or else it will create a conflict
office of interest (his interest over the government’s
b. On or before April 30 of every year interest because he may use his influence to
thereafter get that corporation the deal and even be
c. Within 30 days from separation from tempted to rig the bidding and this will cause
service disadvantage to the Government)
5.1 Who must file the SLANs and where will 7. What is the conduct required of
they be filed? government lawyers?
a. Constitutional and national elective The Code of Professional Responsibility (Rule
officials-> With OMB 138) shall still apply to them because they do
b. Senators and Congressmen -> With not shed their professional obligations upon
respective secretaries assuming public office. The canons of RA 6713
c. Justices -> With clerk of court of the SC also apply to him.
d. Judges -> Court Administrator
e. All other national executive officials, DISABILITIES/RESTRICTIONS ON PO/POE
officers of the AFP from colonel or naval
captain -> Office of the President 8. What are prohibited acts/transactions as
f. Regional and local officials/employees regards Public officers?
-> Deputy OMB in their respective
regions a. No financial and material interest in ANY
g. All other public officials and employees transaction requiring the approval of
defined in RA 3019 -> CSC their office
b. They CANNOT own, control, manage or
The SLAN will be available for 10 years and
accept employment (including
anyone who wants to get a copy must pay a
consultancy, counseling, brokerage, etc)
reasonable fee to see it. The purpose of getting
in any private enterprise RELATED,
a copy must be LEGAL, MORAL and in line with
SUPERVISED or LICENSED by their office
PUBLIC POLICY. It also CANNOT be used for
UNLESS expressly allowed by law
commercial purposes other than by
c. They CANNOT engage in the private
news/communication media for dissemination
practice of their profession UNLESS
to the general public
authorized by Consti/Law PROVIDED
there is no conflict with their official
6. What is the duty to make divestment of
functions
financial interest?
d. They CANNOT recommend any person 10. What are the prohibitions on gifts?
to any position in a private enterprise
which has a regular or pending official Basically, public officers CANNOT accept/ask for
transaction with their office gifts, directly or indirectly from any person in
the course of their official duties if it may affect
These prohibitions apply for 1 year after the functions of their office
resignation, retirement or separation from
public office except that the professional 11. What gifts may be accepted? From foreign
concerned cannot practice his profession in governments:
connection with any matter before the office he
used to be in for 1 year after separation a. Gifts of nominal value as a
souvenir/mark of courtesy
9. What are the Constitutional prohibitions on b. Gifts in the nature of a
certain officers? scholarship/fellowship grant/medical
treatment
a. Senator/Congressman CANNOT c. Authorized travel grants outside the
personally appear as counsel before Philippines if appropriate with the
any court of justice, electoral tribunals, interest of the Philippines
or quasi-judicial and other
administrative bodies
b. Senator/Congressman CANNOT be
directly or indirectly be interested
financially in any contract with the 12. What is the prohibition on partisan political
Government activities?
c. Senator/Congressman CANNOT
intervene in any matter before any Consti: No officer/employee of the Civil
office of the Government for his Service, including AFP members, shall
pecuniary benefit or where he may directly/indirectly engage in any
be called upon to act on account of electioneering/partisan politicl activity
his office
d. President, VP, Cabinet CSC definition of partisan political
(+deputies/assistants) CANNOT activity: An act designed to promote the
directly or indirectly practice any election or defeat of a particular candidate or
other profession, participate in any candidates to a public office.”
business or be financially
interested in any contract with the These include specific activities done for or
Government against any candidate, such as forming groups
e. The spouses and relatives by for the purpose of soliciting votes, holding
consanguinity or affinity within the 4th political meetings or rallies, making speeches
degree of the President shall not be or holding interviews, publishing or distributing
appointed as members of Consti campaign materials, and directly or indirectly
Coms, OMB, Secretaries, USECs, soliciting votes.
Chairmen and heads of
bureaus/offices 13. Who are exempted from exercising these
f. Members of Concoms/OMB and his activities?
deputies cannot hold any other
office/employment, engaged of practice Officers/employees holding political offices.
of any profession or active management
or control of any business which in any Examples: President, Secretaries, Dep’t heads
way may be affected by his office or be and including national, provincial, city and
financially interested in any contract municipal elective positions.
with Government
14. Can government employees strike? NO
LGU or any office of the government is
It must be remembered that government the adverse party
employees MAY organize themselves (i.e. b. They cannot appear as counsel in any
unionize) BUT as per the current law, they criminal case where an officer/employee
CANNOT strike. This is in order to avoid of the government is accused of an
temporary stoppage or disruption of public offense in relation to his office
services. c. They cannot collect any fee for their
appearance in administrative
15. Can appointive officials in civil service hold proceedings involving a LGU of which he
other positions? is an official
d. They shall not use property/personnel of
Yes, as long as it is allowed by law or by the the Government EXCEPT when the
primary functions of their positions. On the sanggunian member concerned is
other hand, the members of the Cabinet, their defending the government
deputies and assistants may do so only when
expressly authorized by the Constitution itself. 17. What is the prohibition as regards the
practice of other professions?
16. What is the rule regarding the practice of
law? LGC provides that:
As a general rule, the appointment or a. Governors and mayors are prohibited

election of an attorney to a government from practicing their
office DISQUALIFIES him from engaging in profession/engaging in any occupation
the private practice of law. b. Sanggunian members may practice
their profession, engage in any
The prohibited officers include judges, occupation, or teach in schools except
officials/employees of courts, solgen, OMB during session hours
and other government prosecution offices, c. Doctors may practice their profession
the Pres, VP, cabinet members + deputies even during official hours of work only
and assistants, members of concoms, civil on occasions of emergency provided
service officers or employees whose they do not derive monetary
duties and responsibilities require that compensation
their entire time be at the government’s
disposal, governors, mayors. 18. Can public officers use their office to
promote their private interest?
HOWEVER, a lawyer-Congressman/Senator is
NOT absolutely prohibited from engaging in the Obviously not. A public official should see to it
practice of his profession. He is only prohibited that his private activity does not interfere with
from appearing as counsel before any court, the discharge of his official functions.
etc.
19. Can a public officer/employee directly
Also, a civil service officer whose duty DOES engage in private business?
NOT REQUIRE that his entire time be devoted
to the government can engage the practice of No. They cannot do it without the written
law with permission from the head of the permission of their head of the department.
department concerned PROVIDED that it is not However, no permission is necessary in the
expressly prohibited by law case of investments which do not involve
conflict between his private interest and public
Members of the sanggunian may engage in the duties nor in any way influence him in the
practice of law EXCEPT: discharge of his duties.
a. They cannot appear as counsel before

any court in any civil case wherein a

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CHAPTER I: INTRODUCTORY those “laws, decrees, orders, rules and

regulations, or portions thereof inconsistent

b) Body of doctrines and decisions Agencies and instrumentalities are either

Control, supervision, and review by other POWER OF INVESTIGATION

Executive Acts of the President A. Section 5, Article 10, 1987

Q. What do we mean by Delegation to A. The legislature usually delegates its rate-

Q. What is Contemporary Construction?

Administrative Administrative Q. What is the reason?

A. May take many forms (e.g. circulars, rules, Q. When is contemporaneous

A. In the absence of a previous judicial Q. Do erroneous construction creates

CHAPTER V: QUASI-JUDICIAL POWER The function requires:

A. Look at the nature of the act to be Q. How do you distinguish adjudication

Q. Is there judicial review of Discretion means the power or right

A. Generally, no. Petition for Certiorari – Under Rule 65, it

• Functional unit of government – It is Q. What is a public officer and

• What is the general rule? Term and tenure

Q. What is the concept of hold-over? Q. What is the essence of an acting

Q. What is the basis of promotion in the Q. Is it prohibited?

Q. Can the court reverse/revoke the 2. Teachers;

Q. Is the appointment of next-in-rank

A. Yes. The security of tenure provision does Government-owned or controlled

Q. What is a next-in-rank position? Q. Are all GOCCs covered by the Civil

Public interest and government

A. Yes when the failure to file the action can

Q. What are the judgments and reliefs?

A. If it is found that the respondent is

Q. What is the nature of retirement Q. What legal services are rendered by

A. It is provided in Sec11, Art VI of the NB: So a Congressman can deliver a

Q. What is the immunity from civil and

A. Scope of the privilege:

1. Why is it important to define the term

• The definition of public officer is

1.1 Can a private individual still

• Sec 4(b) and 5 of RA 3019

2. What are the definitions of a public

5. What is the three-fold responsibility of Rule 112 Sec 7: Elements of PJQ:

7.1What may the OMB do in the Except:

14.When can the courts interfere with the

GR: The filing or non-filing of the

EXCEPTION: The SC can review the OMB’s

a) To afford protection to the Consti rights

15.What are the remedies available

OMB’s decision in admin cases: Rule 43,

a) Constituent Element: Crimes or People vs. Sandiganbayan held that

21.May private individuals be charged 23.Is salary grade important in

Sandiganbayan does not have 2. SENATE vs. ERMITA

CHAPTER 5: CODE OF CONDUCT AND

1. What is one general prohibition on public

As a general rule, the appointment or a. Governors and mayors are prohibited

a. They cannot appear as counsel before

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