Law of Public Officers Reviewer v2 (compiled).docx

8/9/2019 Law of Public Officers Reviewer v2 (compiled).docx

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Public oces crea)e$ b"seci;c !a#$a)e of )(eCo#s)i)u)io#

//D+ 01D+

No)e% &hey are merely statutory

ofces established byimplementing statutes mandatedby the Constitution. 2&heir creationdoes not lie in the entire discretiono the legislature.3

&*'S)a)u)es 4ureau o /ines $1C local government ofces

&.'Au)(ori)" of law &he deunct Code Commision

2created by the resident underthe eorgani5ation +ct3

-fces created by the$anggunians as authori5ed bythe Local Government Code

No)e% &hese ofces are created byvirtue o a validly delegatedlegislative power.

C(arac)eris)ics of Public Oce

&1'A ublic )rus)19

&*' No) a (ere$i)able ossessio#*

9&.' No) a roer)" a#$ (e#ce is #o)

ro)ec)e$ b" )(e $ue rocessclause.9

No)e% Due process is available to thepublic ofcer, however, in the sensethat he cannot be deprived o his ofcewithout a clear e"pression o thelegislative will. +ny ambiguity in thisregard should be resolved in avor o the ofce holder.

Se4o+ia +s9 Noel – + law providingthat all (ustices o the peace shouldretire upon attaining the age o 67 was

#t must be discharged not or his own personalbenet but or the public.

8 #t must be relin9uished upon e"piration o term.ublic -fce is personal to the incumbent and is notto be considered as property which can be passed toheirs.

: &here can be no vested right in a public ofce. #the ofce is statutory it may be changed at will and

even be abolished by the legislature. ;urthermore, a

public ofce


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1lected to an ofce

or a denite term

and may be

removed thererom

only upon stringent

conditions.

1"pressly allowed

to ta%e part in

political and

electoral activities.

$ome hold their

ofce in a

permanent capacity

and are entitled to

security o tenure

while others serve

at the pleasure o

the appointing

authority.

$trictly prohibited

rom engaging in

partisan political

activity or ta%e part

in any eletion

e"cept to vote.

Aoi#)!e#) D &he act o designationby the appointing ofcer, body or board,to whom that power has been delegated,o the individual who is to e"ercise theunctions o a given ofce.

Aoi#)!e#) Elec)io#

&he choice o the

public unctionaries

is made by the

particular ofcer

designated by the

Constitution or the

law.

Choice is made by

the enranchised

citi5enry through

the e"ercise o their

su=rages.

W(o ca# be aoi#)e$ b" )(ePresi$e#) u#$er )(e Co#s)i)u)io#520os. ?A re9uires conrmation, 7?6 noconrmation needed.3 +rt. B##, $ec. 6

&1' Hea$s of )(e e:ecu)i+e$ear)!e#)s

&*' A!bassa$ors= o)(er ublic!i#is)ers a#$ co#suls

&.' Ocers of )(e ar!e$ forcesfro! )(e ra# of colo#el or#a+al ca)ai#

&'O)(er ocers w(oseaoi#)!e#)s are +es)e$ i#(i! b" )(e Co#s)i)u)io#

&>'O)(er ocers of )(e4o+er#!e#) w(oseaoi#)!e#)s are #o) ro+i$e$for b" law

&' T(ose w(o! (e !a" beau)(ori


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+cceptance is

needed to ma%e it

complete.

Discretionary in

nature. Generally it

cannot be

delegated unless

the power to

substituted another

in his place has

been given him. #t

cannot be

controlled even by

the courts as longas it is properly and

not arbitrarily

e"ercised by the

appointing

authority.

No)e% -nly appointments or promotions,and designations, can be the sub(ect o aprotest beore the C$C. Designation being

temporary in nature does not amount tothe issuance o an appointment, but ismere imposition o additional duties.

No)e%7R% &he power to appoint is essentiallye"ecutive in nature, and the legislaturemay not interere with the e"ercise o thise"ecutive power.PN% &hose instances when theConstitution allows it to interere.

No)e% Limitations on the e"ecutive power

to appoint are construed strictly againstthe legislature.

Li!i)a)io#s o# )(e Presi$e#)Gsower )o aoi#)

&1' Co#;r!a)io# b" )(eLe4isla)ure9

&*' T(e souses a#$ rela)i+es b"co#sa#4ui#i)" or a#i)" wi)(i#)(e four)( ci+il $e4ree of )(ePresi$e#) s(all #o) $uri#4 (is)e#ure be aoi#)e$ as

e!bers of )(e Co#s)i)u)io#alCo!!issio#s= or )o )(e Oceof )(e O!bu$s!a#= or asSecre)aries= U#$ersecre)aries=c(air!e# or (ea$s of bureausor oces= i#clu$i#4 7OCCs a#$)(eir subsi$iaries9

2:3 7R% T(e Presi$e#) ca##o) !aeaoi#)!e#)s wi)(i# * !o#)(s

i!!e$ia)el" before )(e #e:)resi$e#)ial elec)io#s a#$ u )o)(e e#$ of (is )er!9

No)e% +ppointments o an +ctingresident shall remain e=ective

unless revo%ed by the electedresident within ! days rom hisassumption or reassumption o ofce.

PN% &emporary appointments toe"ecutive positions when continuedvacancies therein will pre(udicepublic service or endanger publicsaety.

&' T(e Presi$e#)Gs aoi#)ees!us) ossess )(e reuire$uali;ca)io#s= faili#4 w(ic(=)(e" ca# be ous)e$ i#aroria)e u$icialrocee$i#4s9

No)e% &his is a (usticiable 9uestionas discretion is not aulted but theailure o the appointees to complywith the legal re9uirements.

No)e% &he appointing power can bevested in the Department @ead or$ecretary. $uch power, however, mayurther be delegated to the regionaldirector sub(ect to the approval, revision,modication and reversal o theDepartment $ecretary.

No)e% &he Civil $ervice Commission is notempowered to determine the %ind ornature o the appointment e"tended bythe appointing ofcer, its authority beinglimited to approving or reviewing theappointment in the light o there9uirements o the Civil $ervice Law.

No)e% *hile the C$C has no authority to

revo%e an appointment on the ground thatanother person is more 9ualied, itsauthority being limited to approving orrenewing an appointment in the light o the re9uisites o the law governing theCivil $ervice, it is within its power to orderthe reinstatement o governmentemployees who have been unlawullydismissed.

No)e% +n appointment issued inaccordance with pertinent laws and rulesshall ta%e e=ect immediately upon its

issuance by the appointing authority, andi the appointee has assumed the duties o the position, he shall be entitled to receivehis salary at once, without waiting or theapproval o his appointment by theCommission.No)e% *here a prospective vacancy willoccur ater the appointing authority


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term, he cannot ll it in advance during histerm, as this would be an illegal pre?emption o the powers o his successor.

Co!!issio# – document oappointment.

&he best evident o theappointment.

&he delivery o this document2commission3 is the last actre9uired o the appointing powerand will complete theappointment.

S)es &Aoi#)!e#) )o a4o+er#!e#) os)'

&1'No!i#a)io#&*' Co#;r!a)io# of #o!i#a)io#

No)e% Conrmation ma%es thenomination valid and permanent.

No)e% 0omination and conrmationconstitute a mere o=er o a post.

&hey are acts o the 1"ecutive andLegislative Departments.

&.'Acce)a#ce

No)e% +cceptance is the last andnecessary step to ma%e the

appointment complete and e=ective.

No)e%

7R% +cceptance o an ofce cannotbe compelled.

PN% *hen an appointive ofce is inconnection with the deense o the$tate.

No)e% &he appointing power cannote=ect the removal o an appointeeindirectly by rescinding or revo%inghis appointment ater it is complete.WH5 &he appointee alreadyac9uired a legal right, not merely ane9uitable right to the position, and assuch is now protected by theConstitution and statutes andthereore cannot be ta%en away romhim either by revocation o theappointment, or by removal 2e"ceptor cause and with previous noticeand hearing3.

Elec)io# – mode o lling a public ofce,by which the enranchised citi5enry isable to participate directly in theconduct o the government, through theselection by them o the unctionarieswho will represent then therein.

2aca#c" – when there is no personlawully authori5ed to assume and

e"ercise at present the duties o theofce.

No)e% &here can be no appointment to anon?vacant position. &he incumbentmust rst be legally removed or his

appointment validly terminated.

Classi;ca)io# of 2aca#cies

23 Ori4i#al – ofce is created and noone has as yet been chosen to llit.

283 Co#s)ruc)i+e – incumbent has nolegal right to the ofce and may belegally replaced by another.

e.g. de act ofcers

2:3 Acci$e#)al – incumbent isseparated by resignation, death,removal or abandonment.

2A3 Absolu)e – when the terms hase"pired and no successor haslegally 9ualied to replace him.

3uali;ca)io# &* se#ses'

&1' 3uali;ca)io# as a# e#$ow!e#)9&*'3uali;ca)io# as a# ac)9

3uali;ca)io# as a# e#$ow!e#) –refers )o )(e uali)ies ore#$ow!e#)s reuire$ of )(e ublicocer )o i#sure )(e roer$isc(ar4e of )(e $u)ies of (is oce9

1"amples +ge

Citi5enship $u=rage Literacy esidence +cademic 9ualications

/oral 9ualications

No)e% roperty 9ualications may notbe imposed or the e"ercise o the rightto run or public ofce.

,isuali;ca)io#

Lac% o dis9ualication is itsel a9ualication.

ardon based on innocence or e"eutiveclemency is granted to cover theadministrative charges automatically

restores the public ofcer to his ofce.ardon not based on innocence re9uires

re?application.

?Forbidden ofce9 0o $enator or membero the @o be appointed to any ofcewhich may have been created or theemoluments thereo increased duringthe term or which he was elected.

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?+ deeated candidate may not beappointed or re?appointed to any ofcein the Government or any G-CC withinone year rom the date o the election.

?0o person may be appointed to the C$C is

he was candidate in the 1lectionimmediately preceding his appointment

-Incompatible ofce. &he resident, Bice?res., the members o the Cabinet, andtheir deputies shall not, unlessotherwise provided in the Constitutionhold any other ofce or employmentduring their tenure.

-0o elective ofcial shall be eligible orappointment or designation in anycapacity during his tenure.

-7R% 0o appointive ofcial shall hold anyother ofce or employment in thegovernment or any subdivision, agencyor instrumentality thereo includingG-CCs or their subsidiaries.

1"amples Cabinet members, their

undersecretaries, andassistant secretaries cannothold other positions ingovernment.

/embers o the $upremeCourt and other courtsestablished by law shall notbe designated to anyagency perorming 9uasi?

(udicial or administrativeunctions.

PN% +llowed by law or by the primaryunctions o his position.

No)e% 1ven i allowed by law or by theprimary unctions o his position, a membero the Cabinet, undersecretary, assistantsecretary or other appointive ofcial o the1"ecutive Department may, in addition tohis primary position, hold not more than twopositions in government and government

corporations and receive the correspondingcompensation thereor.

-+ green card holder is dis9ualied romrunning or elective ofce on the groundo ailure to comply with the residencere9uirement. ;or such candidate 2agreen card holder3 to 9ualiy he musthave waived his status as a permanentresident or immigrant o a oreigncountry. ;iling a C-C will not constitutea waiver o status as a permanentresident. &he waiver must bemaniested by some act or actsindependent o and done prior to linghis candidacy or public ofce in thecountry.

- &he citi5enship re9uirement in the LGC isto be possessed by an elective ofcialat the latest as o the time he isproclaimed and at the start o the termo ofce to which he has been elected.

4y reason o the remedial nature o thelaw 2D E873 granting a new right toresume political status and thelegislative intent behind it, repatriationshould be given retroactive e=ect as o the date o application.

-7R% 0atural born citi5ens who have beennaturali5ed as citi5ens o a oreigncountry may re?ac9uire hilippineciti5enship upon ta%ing a prescribedoath o allegiance to 2+ !8873. +s aresult o this retention or re?ac9uisitiono hilippine citi5enship they will berestored o their ull civil and politicalrights.PNs%(1) &hose who are candidates or or are

occupying any public ofce in thecountry o which they arenaturali5ed citi5ens.

(2) &hose who are in active service ascommissioned or non?commissionedofcers in the armed orces o thecountry which they are naturali5edciti5ens.

3uali;ca)io#s !a" be rescribe$b"%&1'T(e Co#s)i)u)io#&*'S)a)u)es

Fualications or public ofce,whether prescribed by theConstitution or by statute, may notbe changed by private agreement.

*here the Constitution itsel changes or provides or thecreation o the ofce but prescribesno 9ualications, the legislaturemay repair the omission and supplythe 9ualications itsel.

*hen laid down by the Constitutionitsel, the 9ualications are usuallyenumerated in an e"clusivemanner. )nder the ma"ime"pression unius est e"clusionalterius, it is not competent or thelegislature to add to these9ualications.

# only minimum 9ualications arere9uired by the Constitution, or i no 9ualications are prescribedtherein, the legislature is notinhibited rom prescribingadditional 9ualications.

Li!i)a)io#s o# )(e ower of )(ele4isla)ure )o rescribeuali;ca)io#s

&1' Le4isla)ure !a" #o) re$uce ori#crease )(e uali;ca)io#srescribe$ i# a# e:clusi+e!a##er b" )(e Co#s)i)u)io#9

&*'Le4isla)ure !a" rescribe o#l"4e#eral uali;ca)io#s9

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0ote *hen the legislature doesprescribe 9ualications, it must notdo so in such a detailed manner asto strip the appointing power o thediscretion it is entitled to e"ercisein the choice o the appointee.

2:3 3uali;ca)io#s !us) be rele+a#) )o)(e oce w(ic( )(e" arerescribe$9

&he prescribed 9ualications should bepossessed at the earliest on the dateindicated by the Constitution or law.

Day o the election &ime o assumption o ofce

W("5 Fualications are prescribed notor purposes o appointment or electionbut to insure the proper discharge o the

duties o the ofce.

&he rec%oning point in determining the9ualications o an appointee is the dateo the issuance o the appointment andnot the date o its approval by the C$Cor the date o the resolution against it.

Fualications are continuing re9uirementsand so must be possessed not only onthe date o selection or assumption butor the ull duration o the ofcer


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circumstances o reputation orac9uiescence as were calculated toinduce people, without in9uiry, tosubmit to or invo%e his action,supposing him to the be the ofcerhe assumed to be' or

283 )nder color o a %nown andvalid appointment or election, butwhere the ofcer has ailed toconorm to some precedentre9uirement or condition 2e.g.,ta%ing an oath or giving a bond3'

2:3 )nder color o a %nown electionor appointment, void because

2a3 the ofcer was not eligible'2b3 there was a want o power in

the electing or appointing body'2c3 there was a deect or

irregularity in its e"ercise'

such ineligibility, want o power, ordeect being un%nown to thepublic.

2A3 )nder color o an election or anappointment by or pursuant to apublic, unconstitutional law, beorethe same is ad(udged to be such2State v. Carroll).

,ISTINCTIONS

,e @ure +s9 ,e Fac)o

,e @ure

Ocer

,e Fac)o

OcerReuisi)e

s

23 1"istenc

e o a de

(ure

ofce'

283 must

possess

the legal

9ualica?

tions or

the

ofce in9uestion'

2:3 must be

lawully

chosen to

such

ofce'

23 De (ure

ofce'

283 Color o

right or

general

ac9uiesce

nce by

the

public'

2:3 +ctual

physical

possessio

n o the

ofce in

good aith

2A3 must

have

9ualied

himsel to

perorm the

duties o

such ofce

according to

the mode

prescribed by

law.

Ti)le

@as lawul

title to the

ofce

@as imperect

or colorable

title only

Possessi

o# of

Oce

@as not been

able to ta%e

possession o it or has been

ousted rom

it

+ctually

possesses the

ofce

How

ous)e$

Cannot be

ousted

e"cept or

(ustiable

reasons

-nly by a

direct

proceeding

2quo

warranto);

not

collaterally

2ali$i)"

of ocial

ac)s

Balid, sub(ect

to e"ceptions2e.g., they

were done

beyond the

scope o his

authority,

etc.3

Balid as to

the publicuntil such

time as his

title to the

ofce is

ad(udged

insufcient.

Rule o#Co!e#6

sa)io#

1ntitled to

compensatio

n as a matter

o right'

&he principle

o no wor%,

no pay is not

applicable to

him.

1ntitled to

receive

compensation

only during

the timewhen no de

(ure ofcer

claims the

ofce' @e

renders

service in

good aith.

E:a!les of ,e Fac)o Ocers

. a person who has been declared winner

by the court or by the C-/1L1C in anelection protest and assumed ofce basedthereon and who has thereater beenad(udged not entitled to the ofce is a deacto ofcer because he e"ercised theduties o the elective ofce under color o election thereto and is thus entitled to theemoluments o the ofce' not a usurper

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because a usurper is one who underta%esto act ofcially without any color or right

8. a (udge who resigned in his position isconsidered de acto ofcer until he isormally notied o the acceptance o hisresignation, or a resignation to be

e=ective must be accepted by the ofcerauthori5ed to accept it

:. a person appointed to a position duringthe period that the incumbent, who wasremoved thererom, was litigating hisaction or reinstatement, may beconsidered a de acto ofcer

A. a person who acts and discharges theofce pursuant to an appointment wHcre9uires approval by another ofcer orofce, such as the Civil $erviceCommission, is a de acto ofcer until theappointment is nally approved or

disapproved I i approved, he becomes ade (ure ofcer' i disapproved, he becomesan usurper

7. an elected ofcer who has beenproclaimed and has assumed ofce butwas later on ousted in an election protestor 9uo warranto is a de acto ofcer duringthe time he held the ofce

Usurer

one who usurs an ofce andunderta%es to ac) ociall"

wi)(ou) a#" color of ri4(), asdistinguished rom a de actoofcer who e"ercises the duties o an ofce under a color o appointment or election

,e Fac)o +s9 I#)ru$er

,e Fac)o I#)ru$er

Na)ure

-fcerunder any o

the Acircumstances discussedunder art ##

2above3.

-ne whota%es

possessiono an ofce

andunderta%es

to actofcially

without anyauthority,

eitheractual orapparent

Basis of au)(ori)"

Color o rightor title to

ofce

0one. @ehas neitherlawul titlenor color o right or title

to ofce.

2ali$i)" of Balid as tothe public

+bsolutelyvoid' they

KocialKac)s

until suchtime as his

title to theofce isad(udged

insufcient

can beimpeachedat any timein anyproceeding2unless and

until hecontinuesto act for solong a timeas to aorda

presumption of hisright to act 3

Rule o#co!e#sa

6)io#

1ntitled toreceive

compensatio

n onlyduring thetime whenno de (ureofcer isdeclared'

paid only oractual

servicesrendered by

him.

0ot entitledtocompensation at all.

Color of Au)(ori)"

the possession o an ofce anddischarging o duties derived roman election or appointment,however irregular or inormal

Q: Can an intruder / usurper ripeninto a de acto ofcer? + Jes. *ith the passage o time, apresumption may be created in the mindso the public that the intruder has a right

to act as a public ofcer. Q: Is good aith a actor in the

ripening o intruder status into deacto status?

! Jes. @-*1B1, it must be noted thatthe good aith must be on the parto the public' not on the part o theintruder.

Reuisi)es of a ,e @ure Oce

23 1"istence o a de (ure ofce' 283 Color o right or general ac9uiescence

by the public' 2:3 +ctual physical possession o the

ofce in good aith

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19 E:is)e#ce of a ,e @ure Oce

7R% &here is no de acto ofcer wherethere is no de (ure ofce. &here is 0-$)C@ &@#0G +$ + D1 ;+C&- -;;#C1.

# the oce i)self is $efec)i+e or+oi$, there is #o $e fac)o ocer dueto lac% o a de (ure ofce.

# only the !a##er of ;lli#4 )(eoce is u#co#s)i)u)io#al, holder isa $e fac)o ocer.

*9 Color of Ti)le Derived rom reputation or

ac9uiescence or rom an invalidappointment or election 2alsoColor of Au)(ori)"3

Continues as long as the deect inthe appointment or election isu##ow# )o )(e ublic

+ll ocial acts are valid or alllegal purposes even aterappointment or election isdisapproved

.9 P("sical Possessio# of )(e Oce *ithout this re9uisite, discharge o

powers and duties o the ofce willnot be possible

Ceases to e"ist when the ofce has

been vacated by the de (ure ofceror has been abolished

EJec)s of Ac)s of ,e Fac)o Ocers

7R% +cts ultra vires are #o)bi#$i#49 -nly the lawful ac)s o a de facto ofcer are +ali$ as )o)(ir$ erso#s a#$ )(e ublicuntil his title to ofce is ad(udgedinsufcient

As )o co!e#sa)io#

7R% De ;acto ofcer ca##o) clai!a salar" and other compensationor services rendered by him andmay be reuire$ )o a" i) bac i he has collected such salary whende (ure ofcer claims the ofce.

EP% &he De ;acto ofcer may

clai! or re)ai# salaries IF%. @e rendered services in G--D

;+#&@8. &here is 0- D1 K)1 -;;#C1

claiming the ofce

C(alle#4e )o a ,e Fac)o Ocer

7R &he incumbency o a de actoofcer acts !a" #o) bec(alle#4e$ colla)erall" or i# a#ac)io# )o w(ic( (e is #o) a

ar)" but in a direct proceedingwhere title to the ofce will be theprincipal issue

REE, 3uo warra#)o

proceedings

W(o !a" ;le%

23 &he person who claims to be entitledto the ofce'

283 &he epublic o the hilippines,represented by

2a3 the $olicitor?General' or2b3 a public prosecutor.

CHAPTER

THE CI2IL SER2ICECi+il Ser+ice

rovided by T(e Co#s)i)u)io#

>embraces all branches,subdivisions, instrumentalities, andagencies o the Government,including government?owned andcontrolled corporations with originalcharters

“with original charters! meansthat G-CC


11/39

A. must 0-& have been candidatesor any elective position in theelections preceding theirappointment

Chairmen and commissioners areappointed by the resident with the

consent o the Commission on+ppointment or a term o seven2E3 years and may be removed-0LJ by impeachment

Obec)i+es

&he Constitution provides thatpublic ofce is a public trust. ublicofcers and employees must at alltimes be accountable to the people,serve them with utmostresponsibility, integrity, loyalty,efciency, act with patriotism and

(ustice, and lead modest lives.

&o insure and promote theconstitutional mandate thatappointments in the Civil $erviceshall be made according to meritand tness

&o promote responsiveness andcourtesy in the civil service'strengthen the merit and rewardssystem' integrate all humanresources development programsor all levels and ran%s' andinstitutionali5e a management

climate conducive to publicaccountability

Scoe

&he ollowing are covered by &he Civil$ervice

. branches8. subdivisions:. instrumentalities9 agencies o the Government>9 government?owned and controlled

corporations with original charterse.g. Duty ;ree, hil. &ourism+uthority, hilippine +musementand Gaming Corporation

&he Civil $ervice and labor laws andprocedures, whenever applicableshall be ollowed in resolutions o complaints, grievances and casesinvolving gov


12/39

*9 NON6CAREER SER2ICE ?

characteri5ed by

23 entrance on bases other than those o

the usual tests o merit and tness

utili5ed or the career service' and

283 tenureA which is limited to a period

specied by law, or which is

coterminous with that o the

appointing authority or sub(ect to his

pleasure, or which is limited to the

duration o a particular pro(ect or

which purpose employment was made

0on?Career $ervice includes

. Elec)i+e ocials and their erso#alor co#;$e#)ial s)aJ '

8. ,ear)!e#) Hea$s a#$ o)(er

ocials of Cabi#e) ra# who hold

positions at the pleasure o the

resident and their personal or

condential sta=2s3'

:. C(air!a# a#$ !e!bers of

co!!issio#s a#$ boar$s with "ed

terms o ofce and their personal orcondential sta='

A. Co#)rac)ual erso##el or those

whose employment in the government

is in accordance with a special contract

to underta%e a specic wor% or (ob,

re9uiring special or technical s%ills not

available in the employing agency, to

be accomplished within a specic

period, which in no case shall e"ceed

one year, and perorms or accomplishes

the specic wor% or (ob, under his own

responsibility with a minimum o

direction and supervision rom the

hiring agency' and

7. E!er4e#c" and seaso#al erso##el

Eli4ibili)"

A &he security o tenure o employees in the careere"ecutive service 2e"cept rst and second?levelemployees in the civil service3, pertains only to ran%

and not to the ofce or to the position to which theymay be appointed. &hus, a C1$- may be transerredor reassigned rom one position to another withoutlosing his ran% which ollows him wherever he istranserred or reassigned. #n act, a C1$- su=ers nodiminution o salary even i assigned to a C1$position with lower salary grade, as thecompensation is according to C1$ ran% and not onthe basis o the position or ofce occupied.

/ust be possessed by an individualthat he may be legally t or9ualied to be appointed ingovernment service, sub(ect toconstitutional e"ceptions

1"aminations are ta%en to ac9uire

eligibility e.g. board and bare"aminations granted to summa cum laude"

magna cum laude and cum laudegraduates o A?year degree coursesunder certain conditions

-nce ac9uired, it may be availed bythe eligible any time

0on?eligible C+00-& be appointed

Aoi#)!e#)s

/ade only according to !eri) a#$;)#ess 1MC1& to positions whichare

olicy?determining

rimarily condential

@ighly technical

by competitive e"amination.

/ay be PERANENT orTEPORAR

. permanent Q issued to aperson who meets there9uirements or the position towhich he is appointed, includingappropriate eligibility prescribed, inaccordance with the provisions o laws, rules and standardspromulgated in pursuance thereo'may serve a probationary period o 6 months and may be dismissed orunsatisactory conduct or want o capacity?appealable to theCommission

*9 temporar" Q #n the absence o appropriate eligibles and itbecomes necessary in the publicinterest to ll a vacancy, atemporary appointment is issued toa person who meets all there9uirements or the position towhich he is being appointed e"ceptthe appropriate civil serviceeligibility Pro+i$e$, &hat suchtemporary appointment shall note"ceed twelve 283 months, but theappointee may be replaced sooner

i a 9ualied civil service eligiblebecomes available'

&emporary appointees may beterminated anytime even without cause. &hey have 0- ;#M1D &10)12 #rot v. C)

1* ? L a w o u b l i c - f c e r s e v i e w e r


13/39

+cceptance o a temporaryappointment divests the temporaryappointee o the constitutionalsecurity o tenure even if he is a civilservice eligi#le ($olentino v. %e

&esus)

+ temporary appointee cannot as% tobe reinstated to his ormerpermanent position i his temporaryappointment is not renewed('omualde v. CSC)

&emporary appointment cannotbecome automatically permanentater the temporary appointeeac9uires civil service eligibility2*aturan v. *aglana)

Te!orar"

Aoi#)!e#)

Pro+isio#al

Aoi#)!e#)#ssued upon prior

authori5ation o the

Commission o Civil

$ervice with the

provisions o Civil

$ervice Law to a

person who has not

9ualied in an

appropriate e"am

but otherwise

meets the

re9uirements or

appointment to aregular position in

the competitive

service, whenever a

vacancy occurs and

lling thereo is

necessary in the

interest o service

and there is no

appropriate register

o eligibles at the

time o

appointment.

Given to a non?

service eligible, is

without a denite

tenure and is

dependent upon the

pleasure o the

appointing power

Reublic Ac) />8 – governmentemployees holding career civil servicepositions appointed under provisional ortemporary status who have rendered atleast a total o E years o efcient servicemay be granted civil service eligibility to9ualiy them or permanent appointmentin their positions

Re4ular

Aoi#)!e#)

A$ I#)eri!

Aoi#)!e#)/ade during the

legislative session

/ade during recess

/ade only ater the

nomination is

conrmed by the

Commission on

/ade beore

conrmation o the

Commission on

+ppointments

+ppointments

-nce conrmed,

continues until the

end o term o

appointee

$hall cease to be

valid i disapproved

by the Commission

on +ppointments orupon the ne"t

ad(ournment o

Congress'

Deemed >by?passed

through inaction o,

and so disapproved

impliedly by, the

Commission on

+ppointments

0ote &he purpose o an ad interimappointment is only to prevent a hiatus inthe discharge o ofcial duties. -therwise,immobili5ation o the public ofce willpre(udice the people.

ECEPTIONS

&he ollowing positions are e"cepted romthe re9uirement or competitivee"aminations

#. $olic" determining –one chargedwith the laying down o principal orundamental guidelines or rules' orormulates a method o action orgovernment or any o itssubsidiaries

1"amples cabinet member, head o adepartment

%. $rimaril" Con&dential – denotesnot only condence in the aptitudeo the appointee or the duties othe ofce but primarily close

intimacy which ensures reedom ointercourse without embarrassmentor reedom rom misgivings orbetrayals on condential matters o the state' or one declared so by theresident upon recommendation othe Civil $ervice Commission

1"amples private secretary, condentialagent

'. (ighl" )echnical – re9uires theappointee thereto to possess

technical s%ill or training in asuperior degree

1"amples City Legal -fcer, $cientist

0-&1 #t is the nature o theposition which determines whether

1. ? L a w o u b l i c - f c e r s e v i e w e r


14/39

a position is policy determining,primarily condential or highly

Pro!o)io#

/ovement rom one position toanother with increase in duties andresponsibilities as authori5ed by lawand usually accompanied by anincrease in pay

/ay be rom one department oragency to another, or rom oneorgani5ational unit to another in thesame department or agency

I#$ise#sable ele!e#)%advancement rom one position toanother or an upward vertical

movement o the employeespecialreasonHs or not appointing theofcer ne"t?in?ran%. &his meansthat the one who is ne"t?in?ran% isgiven only preerentialconsideration or promotion' but itdoes not ollow that he alone andno one else can be appointed

emedy o a by?passed 9ualiedne"t?in?ran% appeal initially to the

department head

3uali;e$ #e:)6i#6ra# – reers to anemployee appointed on a permanent basisto a position previously determined to bene"t?in?ran% to the vacancy proposed tobe lled and who meets the re9uisites orappointment thereto as previouslydetermined by the appointing authorityand approved by the Commission.

Neo)is!

;avoritism toward relatives by theappointing authority' prohibited

Pro(ibi)e$ Aoi#)!e#)s+ll appointments in the 0ational,provincial, city and municipalgovernments or in any branch orinstrumentality thereo, includinggovernment?owned or non?

competitive service, made in avoro a relative o

. the appointingrecommending authority

8. the chie o the bureau orofce

:. the persons e"ercisingimmediately supervisionover him

Rela)io#s co+ere$ e"tend to thethird degree o consanguinity orafnity.

&he ollowing however, are e:e!) romthe nepotism rule

persons employed in a condentialcapacity

teachers

physicians members o the +rmed ;orces o

the hilippines

#n each o these particular instances, aull report o the appointment isre9uired to be made to the Civil$ervices Commission.

Pro(ibi)io# )o Presi$e#)% &heconstitution provides that the spouse andrelatives by consanguinity or afnitywithin the ourth civil degree o the

resident shall not during his tenure beappointed as /embers o theConstitutional Commissions, or to the-fce o the -mbudsman, or as$ecretaries, )ndersecretaries, chairmen orheads o bureaus or ofces, includinggovernment?owned or controlledcorporations and their subsidiaries.

Purose of Pro(ibi)io# a4ai#s)Neo)is!

&o ensure that all appointmentsand other personnel actions in thecivil service should be based onmerit and tness and should neverdepend on how close or intimatean appointee is to the appointingpower

&o ta%e out o the discretion o theappointing or recommendingauthority the matter o appointingor recommending or appointmento a relative

0ote Charges o nepotism must be dul+ proved.

O)(er Perso##el Ac)io#s

+ll appointments in the careerservice shall be made -0LJaccording to !eri) a#$ ;)#ess tobe determined, as ar aspracticable, by competitivee"aminations

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15/39

+ non?eligible cannot be appointedto any position in the civil servicewhenever there is a civil serviceeligible actually available andready to accept appointment

Perso##el Ac)io# D any act denotingthe movement or progress o personnel in the civil service, includingappointment through

&1' Certication&*' romotion&.' &ranser&' einstatement&>' eemployment&' Detail&0' eassignment&/' Demotion&-' $eparation

+ll o which shall be in accordance withthe rules and regulations o the Civil$ervice Commission.

#. Certi&cation

–issued to a person who has beenselected rom a list o 9ualied personscertied by the Commission rom anappropriate register o eligibles, andwho meets all the other re9uirementso the position

%. $romotion 2see previous page RSR3

'. )ranser

? movement rom one position toanother which is o e9uivalentran%, level or salary without brea%in service

? not considered disciplinary whenmade in the interest o publicservice

? emedy i employee believes thereis no (ustication or the transerappeal to the C$C

? /ay be rom one department toanother in the same department oragency

? /ovement rom non? career tocareer service is 0-& a transer

? *hen unconsented, results tore!o+al

Tra#sfer Pro!o)io#/ovement rom

one position to

another which is

e9uivalent in

ran%, level or

salary without

brea% in service

+dvancement

rom one position

to another with an

increase in duties

and

responsibilities as

authori5ed by law,

usually

accompanied by

an increase in

salaryLateral

movement $calar ascent

! #llegal transer is tantamount toremoval without cause *+C*$) when an ofcer is aoi#)e$ Ma)lar4e in which case he may beassigned or transerred to anystation, as he is not entitled to staypermanently at any specic station

1"ample egional Directors

! e9uest or transer must be suchthat there is an intention tosurrender a permanent ofce' it

denotes relin9uishment o an ofcein e"change or another ofce.

,. -einstatement

? conerred to a person who hasbeen permanently appointed to aposition in the career service andwho has through no delin9uency ormisconduct, been separatedthererom

? technically the issuance o a newappointment which is essentially

discretionary and cannot becontrolled not even by the Court aslong as it is e"ercised properly bythe appointing authority 2,loria v.de ,uman)

? may not be as%ed or by an ofcerwho was merely designated, adesignation not being a permanentappointment 2,loria v. de ,uman)

? a convicted public ofcial who hasbeen pardoned is 0-&automatically entitled toreinstatement. @e must re?apply.2*onsanto v. actoran37

EP

7 ;or petitioner /onsanto, this is the bottom line theabsolute dis9ualication or ineligibility rom publicofce orms part o the punishment prescribed by theevised enal Code or estaa thru alsication o public documents. #t is clear rom the authoritiesreerred to that when her guilt and punishment weree"punged by her pardon, this particular disabilitywas li%ewise removed. &hus, petitioner may apply orreappointment to the ofce which was oreited byreason o her conviction. +nd in considering her9ualications and suitability or the public post, theacts constituting her o=ense must be and should be

evaluated and ta%en into account to determineultimately whether she can once again be entrustedwith public unds. $tated di=erently, the pardongranted to petitioner has resulted in removing herdis9ualication rom holding public employment butit cannot go beyond that. &o regain her ormer postas assistant city treasurer, she must reapply andundergo the usual procedure re9uired or a newappointment.

1> ? L a w o u b l i c - f c e r s e v i e w e r


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? a pardoned elementary schoolprincipal, is ater her pardon, orconsiderations o >(ustice ande9uity entitled to or eligible to thesame position and, and not to thelower classroom teacher, there

being no diminution in hisran%(Sa#ello v. %CS)? # pardon is based on the innocence

o the individual or i e"ecutiveclemency is granted to cover theadministrative charges or thesame acts and he was ac9uitted orhaving been ound not to havecommitted the o=ense imputed tohim, he is restored to his ofce ipsofacto upon issuance o theclemency.

. -eemplo"ment

? names o persons who havebeen appointed permanently topositions in the career serviceand who have been separatedas a result o reduction in orceandHor reorgani5ation, shall beentered in a list rom whichselection or reemploymentshall be made

. 0etail

? movement o an employee romone agency to another without theissuance o an appointment, andshall be allowed only or a limitedperiod in the case o employeesoccupying proessional, technicaland scientic positions

? temporary in nature 2'ep. v. C)! ower to control impliedly includes

the power to detail (/orres v.Canono+)

1. -eassignment

? an employee may be reassignedrom one organi5ational unit toanother in the same agency,provided that such reassignmentshall not involve a reduction inran%, status or salary

? # without a denite period orduration, violative o the security o tenure o a government employee

? &antamount to a Poatingassignment i there is diminution in

ran%

2. 0emotion

? movement rom one position toanother which involves diminutionin duties, responsibilities, status or

ran% which may or may not involvereduction in salary

? # without cause, tantamount toremoval

Perso##el ,e+elo!e#)

urpose &o improve the attitude andcompetence o the civil service.

&he Career and ersonnel Developmentlan shall contain the ollowing

merit promotion perormance evaluation in?service training 2including

oreign O local scholarships andtraining grants3

(ob rotation suggestions and awards system

other plans or employees< health,welare, counselling, recreation andsimilar services

?1mployees have the right to present theircomplaints and grievances to themanagement which shall be resolved atthe lowest possible level in thedepartment or agency. &hey shall havethe right to appeal to higher authorities.1ach department or agency shall

promulgate rules and regulationsgoverning e"peditious, air ande9uitable ad(ustment o suchcomplaints and grievances pursuant tothe policies o the C$C.

,iscili#e

6 -fcers and employees in the Civil$ervice including those appointedto the policy?determining, primarilycondential and highly technical

positions, en(oy security o tenureand may not be suspended ordismissed 2e"cept or (ust cause3but may be disciplined.

6 Discipline shall be accorded tothose who violate public trust andail to serve with utmostresponsibility, integrity, loyalty andefciency and act with patriotismand (ustice and live modest lives.

A9 7rou#$s for ,iscili#e

&1' dishonesty

&*' oppression&.' neglect o duty&' misconduct&>' disgraceul and immoral conduct&' being notoriously undesirable&0' discourtesy in the course o

ofcial duties

1 ? L a w o u b l i c - f c e r s e v i e w e r


17/39

&/' inefciency and incompetence inthe perormance o ofcial duties

&-' conviction o a crime involvingmoral turpitude

&18' alsication o ofcialdocuments

&11' habitual drun%enness&1*' gambling&1.' reusal to perorm ofcial

duty or render overtime service&1' physical or mental

incapacity due to immoral orvicious habits

&1>' wilul reusal to pay (ustdebts

&1' wilul ailure to pay ta"esdue to the government

2E3 habitual tardiness

,is(o#es)"

? intentionally ma%ing a alsestatement in any material act, orpracticing or attempting to practiceany deception or raud in securinghis e"amination, registration,appointment or promotion.

? understood to imply a dispositionto lie, cheat, deceive or deraud,untrustworthiness or lac% o integrity

isco#$uc) i# Oce

? may either be23 simple misconduct' or283 grave misconduct

? that which a=ects one


18/39

or controlled corporations, stateuniversities or educationalinstitutions or oundations (0eoplev. Sandigan#a+an)

C9 Proce$ure

6 + complaint against a civilservice ofcial shall not begiven in due course unless it isi# wri)i#4 and swor# )o bythe complainant

6 EP% in cases initiated by theproper disciplining authority,complaint need not be underoath

6 an anonymous letter is not acomplaint but the C$C may act

on the same6 + complaint may be

commenced even against asubordinate ofcer or employeeand led at any time with theC$C

6 &he withdrawal o the complaintdoes not result to its outrightdismissal or discharge

6 + Cou#)er6A$a+i)Co!!e#) is re9uiredo the respondent 7 days aterreceipt o a ormal charge and

preliminary investigation shallbe held 7 days ater receipt o complaint. ;ailure to submitcounter?afdavit shall be awaiver o said right

6 # a prima facie case isestablished, a ormalinvestigation shall ollow evenwithout re9uest o respondent.

6 ;iteen 273 days aterconclusion o the ormalinvestigation a reportcontaining the material acts o

the investigation shall besubmitted to the @earing -fce.6 decisions rendered by heads o

agencies or a penalty o suspension or #o) !ore thanthirty 2:3 days or ne in anamount #o) e:cee$i#4 thirty2:3 days salary shall beFINAL a#$ EECUTOR

6 @owever, i the penalty issuspension or !ore than thirty2:3 days or ne in an amounte:cee$i#4 thirty 2:3 days

salary it shall only beFINAL

af)er )(e lase of 1> $a"s,the period or ling a motion orreconsideration or appeal.

6 O#l" o#e &1' 9R9 is allowedon the ollowing grounds&1' new evidence has been

discovered which

materially a=ects thedecision rendered

&*' the decision is notsupported by theevidence on record

&.' errors o law or

irregularities have beencommitted pre(udicial tothe interest o themovant.

,9 Pre+e#)i+e Suse#sio#

Sec)io# 1-= Rule II of )(e U#ifor!Rules o# A$!i#is)ra)i+e Cases i#)(e Ci+il Ser+ice – empowers theproper disciplining authority to issueupon

&1' petition o the complainant' or&*' motu propio

an order o preventive suspension toany subordinate ofcer or employeepending investigation i the chargeinvolves

a. dishonestyb. oppressionc. grave misconductd. neglect in the perormance o dutye. i there are reasons to believe that

the respondent is guilty o thecharges which would warrant hisremoval rom ofce

?reventive $uspension may be issued to)e!oraril" re!o+e the respondentrom the scene o miseasance ormaleasance )o reclu$e )(e ossibili)"of e:er)i#4 u#$ue i#ue#ce orressure o# )(e wi)#ess a4ai#s) (i!or )a!eri#4 of $ocu!e#)ar"e+i$e#ce o# ;le wi)( (is Oce. #t is0-& a nal determination o guilt.

#t does not re9uire prior notice andhearing 2not a violation o due process3since it is not a penalty but a reli!i#ar"s)e.

T wo i#$s of re+e#)i+esuse#sio#

23 preventive suspension pending

investigation 2$ec. 7, Civil $ervice Law,1- 0o. 8!83

283 preventive suspension pendingappeal if the penalt+ imposed #+ the

disciplining authorit+ is suspension or dismissal and" after review" therespondent is eonerated 2$ection AE, par.A, Civil $ervice Law, 1- 0o. 8!83.

Sec)io# . of )(e Local 7o+er#!e#)Co$e of 1--1

1/ ? L a w o u b l i c - f c e r s e v i e w e r


19/39

single preventive suspension shall#o) e:cee$ si:)" &8' $a"s

several administrative cases shall#o) e:cee$ #i#e)" &-8' $a"swi)(i# a si#4le "ear on the samegrounds e"isting and %nown at the

time o the rst suspension

E9 ,ecisio#

# charges are not proved byreo#$era#ce of e+i$e#ce, caseshall be $is!isse$ and thereso#$e#) rei#s)a)e$ wi)( bac salaries i preventively suspended.

? #t is not enough that an employee ise"onerated o the charges against him'his suspension must li%ewise be

un(ustied. -n the other hand,employees who are consideredpreventively suspended pendingappeal are entitled to payment o theirsalaries i they are subse9uently oundinnocent 2and such suspensione"ceeds ! days3 (,loria vs. C).

? @eirs are 0-& entitled to salaries o an accused who died pendingresolution o the criminal case againsthim had his preventive suspensionbeen lited as a conse9uence o

e"oneration because his deathresulted rom dismissal o charges andnot his ac9uittal(*alan+aon v. ising).

F9 Aeal

?perected...

wi)(i# ;f)ee# &1>' $a"s fro!recei) of )(e $ecisio# uo#)(e ;li#4 of a #o)ice of aeal and

the submission o )(ree &.'coies of )(e aeal!e!ora#$u!

Proof of ser+ice of )(eaeal !e!ora#$u! uponthe disciplining ofce

Proof of a"!e#) of )(eaeal fee

Cer)i;ca)io# a4ai#s) foru!s(oi#4

6 O#l" o#e &1' e)i)io# forreco#si$era)io# is allowed onthe ollowing grounds&1' new evidence has been

discovered whichmaterially a=ects thedecision rendered

&*' the decision is notsupported by theevidence on record

&.' errors o law orirregularities have beencommitted pre(udicial to

the interest o themovant.

6 ;ailure to perect an appeal withinthe reglementary period 27 days3renders the (udgment ;#0+L and1M1C)&-J.

? $upreme Court abandoned its priordecisions holding that Civil $erviceLaw does not contemplate a reviewo decisions e"onerating ofcers oremployees rom administrativecharges. @ence, as an aggrievedparty, C$C may appeal the decisiono C+ to the $C (Supreme Court v.%aco+co+).

Ri4() )o Self6Or4a#i


20/39

• Au)(ori)" of )(e ublic ocerQw(ere $eri+e$ – ;-/ &@1 1-L16

Au)(ori)" of )(e ublic ocerQw(ere e:ercise$

7R% &he public ofcer may e"ercise hispowers ONL WITHIN THETERRITORIAL LIITS OF HIS

AUTHORIT and any act perormedoutside that area will be null and void.E

PNs% &1'Na)io#al Ocers

a member o the Cabinet

resident o thehilippines

&*'T(ose w(o $isc(ar4e )(eirfu#c)io#s i# a $iJere#)s)a)e9

Diplomats Delegates

&.'Cer)ai# ac)s of u$4es #ssuance o warrants o

arrest which may beserved anywhere in thehilippines.

&' Cer)ai# ac)s of local ocers /ayor transacting

ofcial business in adi=erent municipality o city on behal o hismunicipality.N

• Au)(ori)" of )(e ublic ocerQw(e# e:ercise$ – -0LJ D)#0G @#$

&1/ -; -;;#C1

6 &his is in conormity with the constitutionalprinciple that >the hilippines is a republican state.$overeignty resides in the people and all governmentauthority emanates rom them. +&. ##, $ec. #llustration

owers o the resident – +&. B##Legislature – +&. B#

$upreme Court – +&. B###Constitutional Commissions – +&. #Mowers o local ofcials – LGC o !! or by specialchartersCommissioner o Customs – &ari= and Customs Codeo !N84ureaud Directors – +dministrative Code o !NE orlaws creating their respective ofces

E 1"amplesa (udge cannot act outside his (udicial district

• a mayor does not have (urisdiction outside

his municipality

N #t must be noted that despite his physicalpresence, he could not be temporarily succeeded bythe vice?mayor.

7R A#" ac) erfor!e$ b" )(eublic ocer af)er (is )er! of oce will be co#si$ere$ i#+ali$9

PNs&1' W(ere )(e ublic ocer !a" be

re4ar$e$ as a $e fac)o ocer9

G#LL1+ B$. ;10+0D1T!

+J&-0+ B$. C+$LL-

No)e% +n appointment made by theresident to ll an anticipated vacancyoccurring af)er his term will bei#+ali$ even i the appointment itsel was made during his term.

! +n appointment e"tended by the resident shortly

beore his term ended is valid provided it is a resulto his deliberate action considering the 9ualicationsand e"igencies o the service.

10 Fac)s%+ytona one was o those appointed by

outgoing president Garcia during the last minute o

his term. +ytona was appointed as the ad interim

governor o the Central 4an%. *hen /acapagal too%

his ofce as the ne"t president he issued -rder 0o. 8

which recalled +ytona


21/39

&*'W(ere a# ocer is au)(ori


22/39

&1' Absolu)el" i#+ali$ ac)s of aublic ocer9 &+oi$ ac)s'

&*' U#au)(ori9

$+LC1D- B$. C+6

;1$&1K- B$. ;10+0D-E

No)e% &he principle o estoppels does notoperate against the government or theacts o its agents, and that it is neverstopped by any mista%e or error on theirpart.

i#$s of $u)ies of ublic ocers&1',iscre)io#ar"&*'i#is)erial

,iscre)io#ar" $u)"1/

&he ofcer is allowed to determinehow and when it is to be perormedand to decide this matter one wayor the other and be right eitherway.

&he ofcer is allowed much leewayin arriving at a decision as the dutyis conerred on him in recognitiono his good sense or (udgment.

&his discretionary duty is nevermeant to be absolute, uncontrolled,and unrestrained. 0o such powermay be validly granted to anyofcer o the government e"ceptperhaps in cases o nationalemergency.

E:ercise of $iscre)io#ar" $u)"

&he public ofcer is e"pected todischarge it D#1C&LJ and notthrough the intervening mind o another. 23h"? &he conerment o discretion is based on the good

7 *here the act was not authori5ed, it is thee"clusive responsibility o the public ofcer who

committed it.

6 *here the act was not authori5ed, it is thee"clusive responsibility o the public ofcer whocommitted it.

E + bureau director appropriated a private lot andconverted it to public use without paying the owner

(ust compensation. &he $C held that the suit was notled against the state but against him in his private

capacity or his unauthori5ed act.

N 1"amples Granting or withholding o a pardon bythe resident' methods o regulation by theLegislature' the court or other ofcialinter partes

proceedings. $aid ule li%ewise provides that >all

(udgments determining the merits o the case shall

be personally and directly prepared by the Director

and signed by him. &hese proceedings reer to the

hearing o opposition to the registration o a mar% or

trade name, intererence proceeding instituted or

the purpose o determining the 9uestion o priority o

adoption and use o a trade?mar%, trade name or

service?mar%, and cancellation o registration o atrade?mar% or trade name pending at the atent

-fce. etitioners led their ob(ections to the

authority o the hearing ofcers to hear their cases,

alleging that the amendment o the ule is illegal

and void because under the law the Director must

personally hear and decide inter partes case. $aid

ob(ections were overruled by the Director o atents,

hence, the present petition or mandamus, to compel

the Director o atents to personally hear the cases

o petitioners, in lieu o the hearing ofcers.

Issue%

*hether or not the hearing done by hearing ofcers

are within due process.

Hel$%

** ? L a w o u b l i c - f c e r s e v i e w e r


23/39

&*' I# )(e case of )(e Presi$e#)of )(e P(ilii#es= as (e is#o) e:ec)e$ )o $isc(ar4e)(e )o)ali)" of )(e e:ecu)i+eowers co#ferre$ uo# (i!9

W("5 #t is physically impossible orhim to do so.

3% a" )(e e:ercise of $iscre)io# beco!elle$5

A%• If )(e ublic ocer (as bee#

4i+e# )(e $iscre)io# )o ac) or#o) )o ac) uo# a cer)ai#!a))er – 0-, and his decisioncannot be the sub(ect o (udicialreversal.

e.g. + court may not compel a locallegislative body to appropriate unds or thecelebration o a town esta as this matter isentirely discretionary with the body.

• If )(e $u)" is !a$e i!era)i+e=as w(e# a $ea$li#e is ;:e$ fori)s $isc(ar4e= a#$ $iscre)io# is4ra#)e$ o#l" as )o )(e !a##erof i)s e:ercise – J1$, and his dutymay be compelled by (udicialprocess.

/1+LC- $1C)#$ C--+-0 B$.

$+B1LL+0- – /andamus only lies toenorce the perormance o a ministerialact or duty and not to control theperormance o a discretionary power.

&he $C ruled that the power to decide resides solely

in the administrative agency vested by law, this does

not preclude a delegation o the power to hold a

hearing on the basis o which the decision o the

administrative agency will be made. &he rule that

re9uires an administrative ofcer to e"ercise his own

(udgment and discretion does not preclude him rom

utili5ing, as a matter o practical administrative

procedure, the aid o subordinates to investigate and

report to him the acts, on the basis o which theofcer ma%es his decisions. #t is sufcient that the

(udgment and discretion nally e"ercised are those o

the ofcer authori5ed by law. 0either does due

process o law nor the re9uirements o air hearing

re9uire that the actual ta%ing o testimony be beore

the same ofcer who will ma%e the decision in the

case. +s long as a party is not deprived o his right to

present his own case and submit evidence in support

thereo, and the decision is supported by the

evidence in the record, there is no 9uestion that the

re9uirements o due process and air trial are ully

met. #n short, there is no abnegation o

responsibility on the part o the ofcer concerned as

the actual decision remains with and is made by said

ofcer. #t is, however, re9uired that to >give the

substance o a hearing, which is or the purpose o

ma%ing determinations upon evidence the ofcer

who ma%es the determinations must consider and

appraise the evidence which (usties them.

urely administrative and discretionaryunctions may not be interered with bythe courts. /andamus may not beresorted to so as to interere with themanner in which the discretion shall bee"ercised or to inPuence or coerce a

particular determination.

,iscre)io# – means the power or rightconerred upon the ofce by law actingofcially under certain circumstancesaccording to the dictates o his own

(udgment and conscience and notcontrolled by the (udgment or theconscience o others.

• ;or all its wide latitude discretion is nottotally unlimited. #t is restricted by thevery 9ualities that (ustied its

conerment – the (udgment and goodsense o the delegate. @ence, i theseare not employed in the discharge o theduty, that is, i the duty was perormedarbitrarily or capriciously, or withdisregard o rights, there results what is%nown as a grave abuse o discretion,which !a" be correc)e$ i#aroria)e u$icial rocee$i#4*8.

• W(a) !a" be reuire$ is 4e#eralac)io# o#l"9 &his means that the publicofcer may not be re9uired to dischargethe imperative duty, but not in any

specic manner. @ow he perorms hisduty is his own prerogative, and thismay not be usurped by others rom thedelegate to which the people have seent to entrust it.

e.g. *here an administrative body simply reuses tota%e any action whatsoever, the court may issue awrit o mandamus to compel it to ta%e some action,but should not attempt to prescribe the action to beta%en and thereby control the discretion or (udgmento the board o ofcer.

i#is)erial $u)"*1

*hen the ofcer is given little

latitude its discharge. *hen the law e"acting its

discharge prescribes and denesthe time, mode, and occasion o itsperormance with such certaintythat nothing is let or (udgment ordiscretion.

ractically a mechanical act.

E:ercise of i#is)erial ,u)"

8 1"ample + (udge who denies a motion orpostponement led by a lawyer obviously ill at thetime o the hearing.

8 1"amples Duty o the ta" collector toac%nowledge payment by issuing an ofcial receipt '

duty o the C-/1L1C to give due course to a

certicate o candidacy duly accomplished and

seasonably led.

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$ince the e"ercise o a ministerialduty does not re9uire theemployment o discretion or

(udgment, it is susceptible o delegation. *hat may be done by

the delegate may be subdelegatedby him to others. 0o particular 9ualication is

re9uired or the discharge o this%ind o duty because the law itsel denes with precision the occasionand manner o its e"ercise.

+ ministerial duty can becompelled by (udicial action.

&he e"ercise o this duty is sub(ectto (udicial review and reversal i itis not e"ercised in accordance withthe re9uirements o the law

imposing it. *hat is re9uired is a specic action

that it particularly imposed by law.

,iscre)io#ar"

,u)"

i#is)erial ,u)"

Generally it is not

susceptible o

delegation.

$usceptible o

delegation.

C+0 41

C-/1LL1D.

# the duty is made

imperative, as when

a deadline is "ed

or its discharge,

and discretion is

granted only as to

the manner o its

e"ercise.

C+00-& 41C-/1LL1D.

# the public ofcer

has been given the

discretion to act or

not to act upon a

certain matter.

Can be compelled

by (udicial action.

2/ust be perormed

in any case.3

#ncludes the

authority to decide

whether or not toact at all.

0o similar option is

allowed.

*hat is re9uired is

merely general

action.

*hat may be

re9uired is specic

action, that is, the

particular duty

imposed by law.

Can be a sub(ect o

a (udicial review i

there has been

grave abuse o

discretion.

Can be sub(ect to

(udicial review i it is

not e"ercised in

accordance with the

re9uirements o the

law imposing it.

+rbitrary or

capricious

discharge o this

duty amounts to

grave abuse o

discretion and may

be ccorrected bycertiorari.

Discharge o this

duty may be

corrected in an

appropriate action,

and the public

ofcer will have no

reason to complain.

CHAPTER

INHIBITIONS

I#(ibi)io# – a restraint upon the publicofcer against the doing o certain acts

which may legally be done by others.

No)e% Crime is e"cluded. rescribed either by the

Constitution or by statute. /ay be general or specic.

Reaso# for i#(ibi)io#s% &he publicofcer is a steward who must perormhis powers and duties or the benet o the people and not or the enhancemento his own interests

I#(ibi)io# ,isuali;ca)io#

estraint upon the

public ofcer

against the doing o

certain acts which

may legally be

done by others

&he lac% o needed

eligibility or a

certain ofce.

Co#s)i)u)io#al I#(ibi)io#s

23 &he resident and the Bice?residentshall not receive during their tenureany other emolument rom theGovernment or any other source88.

88 +rt. B##, $ec. 6

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283 &he res., B, the members o theCabinet, their deputies or assistantsshall not, unless otherwise providedin the Constitution, hold any otherofce or employment during their

tenure. &hey shall not during saidtenure, directly or indirectly practiceany other proession, participate inany business, or be nanciallyinterested in any contract with, or inany ranchise, or special privilegegranted by the Government or anysubdivision, agency orinstrumentality thereo, includingG-CCs or their subsidiaries. &heyshall strictly avoid conPict o interestin the conduct o their ofce8:.

No)e% Civil Liberties )nion vs. &he1"ecutive $ecretary8A – +n 1-allowing appointive ofcials o the1"ecutive Department to hold overpositions in the government isunconstitutional.

8: +rt. B##, $ec. :

24 Civil Liberties )nion vs. 1"ecutive $ecretary

FACTS%

-n 87 Kuly !NE, Cory issued 1- 8NA which allows

members o the Cabinet, their undersecretaries and

assistant secretaries to hold other government

ofces or positions in addition to their primary

positions sub(ect to limitations set therein. &he CL)

e"cepted this 1- averring that such law is

unconstitutional. &he constitutionality o 1- 8NA is

being challenged by CL) on the principal submission

that it adds e"ceptions to $ec :, +rt E other than

those provided in the Constitution' CL) avers that by

virtue o the phrase >unless otherwise provided in

this Constitution, the only e"ceptions against

holding any other ofce or employment inGovernment are those provided in the Constitution,

namely 2i3 &he Bice?resident may be appointed as a

/ember o the Cabinet under $ec :, par. 283, +rticle

E' and 2ii3 the $ecretary o Kustice is an e"?ofcio

member o the Kudicial and 4ar Council by virtue o

$ec N 23, +rticle N.

ISSUE%

*hether or not 1- 8NA is constitutional.

HEL,%

$ec :, +rt E provides

2:3 0o $enator or /ember o the @ouseo epresentatives may hold anyother ofce or employment in theGovernment, or any subdivision,agency or, or instrumentality thereo,including G-CCs or their

subsidiaries, during his term withoutoreiting his seat87.

2A3 0o $enator or /ember o the @ouse

o epresentatives may personally

appear as counsel beore any court

o (ustice or beore the 1lectoral

&ribunals, or 9uasi?(udicial and other

administrative bodies. 0either shall

he, directly or indirectly, be

interested nancially in any contract

with, or in any ranchise or special

>$ec. :. &he resident, Bice?resident, the /embers

o the Cabinet, and their deputies or assistants shall

not, unless otherwise provided in this Constitution,

hold any other ofce or employment during their

tenure. &hey shall not, during said tenure, directly or

indirectly practice any other proession, participate in

any business, or be nancially interested in any

contract with, or in any ranchise, or special privilege

granted by the Government or any subdivision,

agency, or instrumentality thereo, including

government?owned or controlled corporations or

their subsidiaries. &hey shall strictly avoid conPict o

interest in the conduct o their ofce.

#t is clear that the !NE Constitution see%s to prohibit

the resident, Bice?resident, members o the

Cabinet, their deputies or assistants rom holding

during their tenure multiple ofces or employment in

the government, e"cept in those cases specied in

the Constitution itsel and as above claried with

respect to posts held without additional

compensation in an e"?ofcio capacity as provided

by law and as re9uired by the primary unctions o

their ofce, the citation o Cabinet members 2then

called /inisters3 as e"amples during the debate and

deliberation on the general rule laid down or all

appointive ofcials should be considered as mere

personal opinions which cannot override the

constitution


26/39

privilege granted by the

Government, or any subdivision,

agency, or instrumentality thereo,

including any G-CC, or its

subsidiary, during his term o ofce.

@e shall not intervene in any matter

beore any ofce o the Government

or his pecuniary benet or where he

may be called upon to act on

account o his ofce86.

273 0o member o a Constitutional

Commission shall, during his tenure,

hold any other ofce or employment.

0either shall he engage in the

practice o any proession or in theactive management or control o any

business which, in any way, may be

a=ected by the unctions o his

ofce, nor shall he be nancially

interested, directly or indirectly, in

any contract with, or in any ranchise

or privilege granted by the

Government, any o its subdivisions,

agencies, or instrumentalities,

including government?owned or

controlled corporations or theirsubsidiaries8E. &his inhibition applies

as well to the -mbudsman and his

deputies8N.

263 0o ofcer or employee in the civil

service shall engage, directly or

indirectly, in any electioneering or

partisan political campaign8!.

Par)isa# oli)ical ac)i+i)".8 –

means active support or or afliation

86 +rt. B#, $ec. A

8E +rt. #M, +, $ec.8

8N +rt. M#, $ec. N

8! +rt. #M, 4, $ec. 82A3' 4 4lg. NN, $ec. 862b3

30 1"amples4eing a candidate or any

elective ofce

with the cause o a political party or

candidate.

No)e%

• D NE, $ec. A7:

• $antos vs. Jatco – /embers o

the Cabinet are e"empted rom

this prohibition.

• +rt. MB#, $ec. 7:8 ? &his

inhibition applies only to active

members o the +;.

4eing a delegate to any political

convention

4eing an ofcer or member o any

political committee, party or

organi5ation

Delivering speeches, canvassing or

soliciting o votes or political support

or contributions or any political party

or candidate

4ecoming actively identied with the

success or ailure o any candidate or

candidates or election to public

ofce

: Sec)io# >9 0olitical ctivit+. 0o ofcer oremployee in the Civil $ervice including members o

the +rmed ;orces, shall engage directly or indirectly

in any partisan political activity or ta%e part in any

election e"cept to vote nor shall he use his ofcial

authority or inPuence to coerce the political activity

o any other person or body. 0othing herein provided

shall be understood to prevent any ofcer or

employee rom e"pressing his views on current

political problems or issues, or rom mentioning the

names o candidates or public ofce whom he

supports rovided, &hat public ofcers and

employees holding political ofces may ta%e part in

political and electoral activities but it shall be

unlawul or them to solicit contributions rom their

subordinates or sub(ect them to any o the acts

involving subordinates prohibited in the 1lectionCode.

:8 &he armed orces shall be insulated rom partisanpolitics. 0o member o the military shall engage,directly or indirectly, in any partisan political activity,e"cept to vote.

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2E3 0o elective ofcial shall be eligible

or appointment or designation in

any capacity to any public ofce or

position during his tenure.)nless

otherwise allowed by law or by the

primary unctions o his position, no

appointive ofcial shall hold any

other ofce or employment in the

Government or any subdivision,

agency or instrumentality thereo,

including Government?owned or

controlled corporations or their

subsidiaries::.

2N3 0o elective or appointive public

ofcer or employee shall receiveadditional, double, or indirect

compensation, unless specically

authori5ed by law, nor accept

without the consent o the Congress,

any present, emolument, ofce, or

title o any %ind rom any oreign

government. ensions or gratuities

shall not be considered as additional,

double, or indirect compensation:A.

2!3 0o loan, guaranty, or other orm o

nancial accommodation or any

business purpose may be granted,

directly or indirectly, by any

government?owned or controlled

ban% or nancial institution to the

resident, the Bice?resident, the

/embers o the Cabinet, the

Congress, the $upreme Court, and

the Constitutional Commissions, the

-mbudsman, or to any rm or entityin which they have controlling

interest, during their tenure:7.

Co#s)i)u)io#al ,isuali;ca)io#s

23 &he spouse and relatives by

consanguinity or afnity within the

ourth civil degree o the resident

:: +rt. #M, 4, $ec. E

:A +rt. #M, 4, $ec. N

:7 +rt. M#, $ec. 6

shall not, during his tenure, be

appointed as /embers o the

Constitutional Commissions, or the

-fce o the -mbudsman, or as

$ecretaries, )ndersecretaries,

chairmen or heads o bureaus or

ofces, including government?owned

or controlled corporations and their

subsidiaries.

283 0o $enator or /ember o the @ouse

o epresentatives may hold any

other ofce or employment in the

Government, or any subdivision,

agency, or instrumentality thereo,

including government?owned or

controlled corporations or their

subsidiaries, during his term withoutoreiting his seat. 0either shall he be

appointed to any ofce which may

have been created or the

emoluments thereo increased during

the term or which he was elected.

2:3 &he /embers o the $upreme Court

and o other courts established by

law shall not be designated to any

agency perorming 9uasi?(udicial or

administrative unction.

2A3 +ppointees to the Constitutional

Commissions must not have been

candidates or any elective positions

in the elections immediately

preceding their appointment.

273 0o candidate who has lost in any

election shall, within year ater

such election, be appointed to any

ofce in the Government, or any

G-CC or in any o its subsidiaries.

No)e% 4rillantes vs, Jorac:6

O)(er I#(ibi)io#s

2please see boo%3

O)(er ,isuali;ca)io#s

2please see boo%3

36 FACTS%

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28/39

EJec)s of +iola)io#

$anctions or violation o the

inhibition will depend upon the law

imposing it or implementing the

constitutional restriction.

&he restriction against a public

ofcial rom using his public

position as a vehicle to promote or

advance his private interests

e"tends beyond his tenure on

certain matters in which he

intervened as a public ofcial.

#n December !N!, a coup attempt occurred

prompting the president to create a act nding

commission which would be chaired by @ilario

Davide. Conse9uently he has to vacate his

chairmanship o the C-/1L1C. Jorac was temporarily

placed as his substitute. 4rillantes then 9uestioned

such appointment urging that under +rt ?C o theConstitution >in no case shall any member o the

C-/1L1C be appointed or designated in a temporary

or acting capacity. 4rillantes claimed that the choice

o the acting chairman should not be appointed or

such is an internal matter that should be resolved by

the members themselves and that the intrusion o

the president violates the independence o the

C-/1L1C as a constitutional commission.

ISSUE%

*hether or not the designation made by the

president violates the constitutional independence o

the C-/1L1C.

HEL,%

&he $upreme Court ruled that although all

constitutional commissions are essentially e"ecutive

in nature, they are not under the control o the

president in the discharge o their unctions. &he

designation made by the president has dubious

(ustication as it was merely grounded on the 9uote

>administrative e"pediency to present the unctions

o the C-/1L1C. +side rom such (ustication, it

ound no basis on e"isting rules on statutes. Jorac


29/39

epresentatives shall bedetermined by law.:!

8. &he salaries o the resident andthe Bice resident shall bedetermined by law and shall not bedecreased during their tenure.A

:. &he salary o the Chie Kustice andthe +ssociate Kustices o the $C,and o (udges o lower courts shallbe "ed by law.A

A. &he salary o the Chairman andCommissioners o theConstitutional Commissions shallbe "ed by law and shall not bedecreased during their tenure.A8

7. &he salaries o the -mbudsmanand his deputies, which shall be thesame as those provided or thechairmen and /embers,respectively o the ConstitutionalCommissions, shall not bedecreased during their term o ofce.A:

6. &he Congress shall provide or thestandardi5ation o compensation o government ofcials andemployees, including those ingovernment?owned or controlledcorporations with original chartersta%ing into account the nature o the responsibilities pertaining to,and the 9ualications re9uired ortheir positions.

E. 0o elective or appointive publicofcer or employee shall receiveadditional, double, or indirectcompensation.

Salar" a#$ ,ue Process

- where the salary is granted bystatute, it may be withdrawn bystatute

- no reduction or abolition o salarycan operate retroactively to a=ect

salaries earned or accrued.

:! 0o increase in compensation until ater thee"piration o the ull term.

A 0o increase in said compensation shall ta%ee=ect until ater the e"piration o the term o theterm i the incumbent during which such increasewas approved.

A $alaries o the Kustices o the $C are sub(ect towithholding ta" 20itaan vs. Commissioner o #nternal

evenue.3

A8 +rticle #M,+, $ection :

A: +rticle #M,$ection

- *here the law limits the grant o certain benets to a specied classo persons, such limitation must beenorced even i it pre(udicescertain parties due to a previousmista%e committed by public

ofcials in granting such benet.

Ri4() )o Salar"

- based on the right to the ofceitsel and accrues rom the date o actual commencement o thedischarge o ofcial duties

- in the case o de (ure ofcer whohas been unlawully preventedrom assuming the ofce, thesalary accrues to him rom the dateo the deprivation o the ofce

- the right o the de (ure ofcer to hissalary should be asserted againstthe de acto ofcer who hadcollected it and not against thegovernment, e"cept where thegovernment continued paying thesalary to the de acto ofcer evenater the ad(udication o title inavor o the ofcer de (ure

- where a public ofcer underinvestigation or prosecution ispreventively suspended butsubse9uently e"onerated, he is

entitled to payment o the salariescorresponding to the period o hispreventive suspension

- where an accused died pending histrial or corrupt practices, his heirswere not entitled to payment o bac% salaries accruing during hispreventive suspension because hehad not been e"oneratedAA

- Declaration o validity o apreventive suspension based onthe ollowing grounds shall notentitle the ofcial or employee to

his reinstatemento *hen the order was issued

by one not authori5ed bylaw

o *hen it is not based on anyo the grounds or causeswarranted by law

o *hen it was issued withouta ormal charge

o -r when although lawul inthe sense that it is based onrecogni5ed grounds, theduration o the imposed

preventive suspension hase"ceeded the prescribedperiods, in which case thepayment o bac% salariesshall correspond to thee"cess period only

AA /alanyaon vs. Lising 6 $C+ 8:E

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30/39

- the payment o bac% salaries shallawait the nal outcome o theprincipal case

- the phrase >ull e"onerationcontemplates a nding o not guiltyor the o=ense. %owngrading of the

charge to a lesser oense shallnot #e construed as 3fulleoneration5.

- 4ac% salaries are also payable toan ofcer illegally dismissed orotherwise un(ustly deprived o hisofce, the right to recover accruingrom the date o deprivation.

- + claim or bac% salaries must becoupled with a claim orreinstatement sub(ect to theprescription o one year.

- *here an employee has voluntarilyaccepted a lower position, which hecontinues to hold, estoppel barsrelie see%ing payment o a salarye9uivalent to that o a higherposition

- +n employee who is reinstated tohis ormer position but who haspending administrative andcriminal charges against him mayonly be paid his bac% salaries whenhe is absolved o the charges.

- $ection 7! o the )niorm ules in+dministrative Cases in the Civil$erviceA7, provides or the e=ects o e"oneration on certain penalties

Pro(ibi)e$ ,isosi)io# of Salar"

- ublic policy prohibits theattachment, garnishment orassignment o the salary o a publicofcer.

- &he salary chec% o a governmentofcer or employee such as ateacher does not belong to himbeore it is physically delivered to

him. )ntil that time, the chec%belongs to the government.+ccordingly, beore there is actualdelivery o the chec%, the payeehas no power over it' he cannot

A7 a. #n case the penalty imposed is ne, the sameshall be reundedb. #n case the penalty imposed isdemotion, the e"onerated employee shall be restoredto his ormer position without loss o seniority rightswith payment o salary di=erentialsc. #n case the penalty imposed is transer, he shallimmediately be restored to his ormer post unless hedecides otherwise. #n case there is demotion in ran%,salary or status, he shall be restored to his ormer

ran%, salary or status.d. #n case the penalty imposed is suspension, he shallimmediately be reinstated to his ormer post withoutloss o seniority rights with payment o bac% salaries.>/andatory leave benets shall not be charedagainst respondent leave credits.>&he respondent who is e"onerated by nal

(udgment shall be entitled to the leave credits or theperiod he has been out o the service

assign it without the consent o thegovernment.A6

- + public ofcer is not legally boundby a pledge made by him while stilla candidate that, i elected, he willnot collect his salary or will donate

it bac% to the government or give itto some other beneciary

Lea+es

- Bacation and sic% leaves shall becumulative and any part ta%enduring the calendar year in whichearned shall be carried over to thesucceeding years.

- &he are also commutable to cashwhere the unctionary voluntarilyresigns, retires, or is separated

rom the service through no ault o his own, provided that thecommutation shall not e"ceed :days o accumulated leaves,e"clusive o $aturdays, $undaysand holiday.

- +ny ofcer or employee o thegovernment who retires orvoluntarily resigns or is separatedrom service through no ault o hisown and whose leave benets arenot covered by any special law,shall be entitled to the

commutation o all theaccumulated vacaton andHor sic%leave to his credit and that allofcials and employees shall bere9uired to go on vacation leave ora minimum o 7 wor%ing daysannually.AE

- 1lective ofcials shall be entitled tothe same leave privileges as thoseen(oyed by appointive localofcials, including the cumulationand commutation thereo.AN

- +ll government ofcers or

employees are entitled tocommutation o all leave creditswithout limitation and regardless o the period when the credits wereearned provided the claimant wasin the service as o Kan !, !N6.

- Determination o leave benets iswithin the unctions o the Civilservice Commission.

I#sura#ce

A6 &iro vs. @ontanosas

AE 1- no. EE 2Kan. !, !N63

AN $ection N, Local Government Code or + E6

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31/39

- ofcers and employees o thegovernment, including brgy andother local government employeesand ofcials as well as disability,pre?need insurance, unemploymentand separation benets under

schemes administered by the,overnment Service nsuranceS+stem.

- ermanent and regular appointeesand elective ofcers, are coveredby compulsory insurance.

Re)ire!e#)

- computed on the basis o highestsalary, emolument and allowancesreceived by the retiring employee

- 'etirement laws art whenrall+

interpreted in favor of the retiree#ecause their intention is to

provide for his sustenance andhopefull+ even comfort when he nolonger has the stamina to continueearning his livelihood.

- etirement is compulsory or anymember o the G$#$ holding aregular and permanentappointment i

o @e has attained the age o 67 years

o endered at least 7 years

o service to thegovernment

o &he last : years o suchservice have beencontinuous

- a retiree is entitled to a 7 yearlump sum payment o the presentvalue o his annuity thereater tobe paid monthly as long as he lives

- # at the time o his retirement,disability or death, he had renderedat least 8 years continuousservice, he shall be entitled to

month salary or each year o service or the rst 8 years' and U month salary or each year o service over 8 up to : years' and8 months salary or each year o service over : years based on thehighest salary received.

- &he retiree, or purposes o complying with the re9uirednumber o years under a certainretirement lawA!, may combine hisyears o service in the privatesector represented by his

contributions to the $$$ with hisgovernment service andcontributions to the G$#$ to satisythe re9uired years o service underD 0o. A6 and + 0o. N8!.

A! ortability Law, + 0o. E6!!

- D A6 is available to retireeswho have been in the governmentservice ater /ay :, !!E butbeore Kune 8A, !EE. &he retireemust have rendered at least 7years o service, regardless o age.

# the retiree is below 6 years oldupon retirement, he may availhimsel o retirement benets onlyupon attaining his 6th birthday.

- epublic +ct 66 provides or aretirement pac%age or governmentemployees who were in the serviceon or beore /ay :, !EE. )nderthis law, the retiree


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Commission has no powerto supply perceivedomissions in D A6.78

o &he $C declared that >the year limitation on thee"tension o service o a

government employee whohas reached the compulsoryr

Law of Public Officers Reviewer v2 (compiled).docx

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