Poli_ IV. Law on Public officers

Question 1

Constitutional Duties of public officer

Answer 1

Public office is a public trust.
All govt officials/employees must at all times; (ASAL)
- be ACCOUNTABLE to the people;
- SERVE them with utmost RILE, responsibility, integrity, loyalty & efficiency;
- ACT with PJ patriotism & justice;
- LEAD with modest lives.

Public service demands the HIGHEST LEVEL OF HONESTY & TRANSPARENCY from its officers and employees.

For judicial employees, the law exacts a more stringent standard.

Question 2

Public office

Public officer

Answer 2

a public office is a RAD right, authority and duty to EXERCISE some SOVEREIGN FUNCTIONS OF THE GOVERNMENT,

while a public officer is the person who holds that position and is entrusted with fulfilling its duties.

Question 3

Presumption of Regularity

Answer 3

There is a P of R in the performance of official duties.

Assumption promotes stability & unhampered public service.

Question 4

Three fold liability rule of the public officers

Answer 4

the wrongful acts/omissions of a PO may give rise to Civil, Criminal, & Administrative liability. An action for each can proceed INDEPENDENTLY

Question 5

Modes of acquiring Title to PO

Answer 5

1. Appointment
2. Elections
3. Operations of Law

Question 6

Classification of Appointments

Answer 6

A. Presidential appointments
1) Regular vs Ad interim
2) Appointments ; Subject to Confirmation vs Not subject to Confirmation

B. General appointments
1) Regular appointments vs Temporary appointments
2) Acting appointments vs Co-terminous appointments

C. Merit based appointments
1) Career appointment - career service based on MF merit & fitness test PLUS Security of Tenure
2) Non-career appointment - opposite of career, other tests & limited tenure

Question 7

Which appointments by President require CA confirmation?

Answer 7

Appointments by the President of the Philippines that Require CA Confirmation

The President of the Philippines makes several key appointments that require confirmation by the Commission on Appointments (CA). Here are ten such positions:

1. Cabinet Secretaries:
   
   • Heads of executive departments, such as the Secretary of Foreign Affairs, Secretary of National Defense, and Secretary of Finance.
2. Ambassadors:
   
   • Heads of Philippine diplomatic missions abroad.
3. Heads of Constitutional Commissions:
   
   • Chairpersons and commissioners of the Commission on Elections (COMELEC), Commission on Audit (COA), and Civil Service Commission (CSC).
4. Members of the Judiciary:
   
   • Justices of the Supreme Court and judges of lower courts.
5. Military Officers:
   
   • Officers with the rank of colonel or naval captain and higher.
6. Heads of Government-Owned or Controlled Corporations (GOCCs):
   
   • Presidents and board members of major GOCCs. (LandBank, NIA, GSIS, Napocor,)
7. Commissioners of the National Telecommunications Commission (NTC):
   
   • Chairperson and commissioners who regulate telecommunications.
8. Heads of Regulatory Agencies:
   
   • Chairpersons and commissioners of agencies like the Energy Regulatory Commission (ERC).
9. Heads of Independent Agencies:
   
   • Chairpersons and commissioners of agencies like the National Commission on Indigenous Peoples (NCIP).
10. Heads of Key Government Institutions:
    
    • Directors and heads of institutions such as the National Bureau of Investigation (NBI).

Question 8

Classification of Appointments

Regular Appointments vs. Ad Interim Appointments in the Philippine

Answer 8

Regular Appointments vs. Ad Interim Appointments in the Philippines

Regular Appointments
1. Definition:
- Regular appointments are permanent appointments made by the President when Congress is in session.

2. Confirmation:
   
   • Regular appointments are subject to confirmation by the Commission on Appointments (CA).

Ad Interim Appointments
1. Definition:
- Ad interim appointments are temporary appointments made by the President when Congress is not in session.

2. Confirmation:
   
   • Ad interim appointments take effect immediately but are subject to confirmation by the CA when Congress reconvenes. If not confirmed, the appointment ceases to be valid.

Appointment Subject to Confirmation of CA vs. Not Subject to CA

Subject to Confirmation by CA
1. Scope:
- Includes key positions such as Cabinet members, ambassadors, and other high-ranking officials.

2. Process:
   
   • The appointee must undergo a confirmation process by the CA, which includes hearings and approval by the members of the CA.

Not Subject to Confirmation by CA
1. Scope:
- Includes appointments to positions that do not require CA confirmation, such as certain executive positions and lower-ranking officials.

2. Process:
   
   • The appointment is made solely by the President and does not require further approval.

Key Differences

1. Timing and Validity:
   
   • Regular Appointments: Made when Congress is in session and require CA confirmation to take effect.
   • Ad Interim Appointments: Made when Congress is not in session, take effect immediately, but require CA confirmation when Congress reconvenes.
2. Confirmation Requirement:
   
   • Subject to CA Confirmation: Positions requiring CA confirmation must go through a formal process involving hearings and approval.
   • Not Subject to CA Confirmation: Positions not requiring CA confirmation are directly appointed by the President without further approval.

Example Illustrations

1. Regular Appointment:
   
   • Scenario: The President appoints a new Secretary of Foreign Affairs while Congress is in session.
   • Explanation: The appointment is subject to CA confirmation. The appointee must appear before the CA for hearings and obtain approval to assume the position officially.
2. Ad Interim Appointment:
   
   • Scenario: During the congressional recess, the President appoints an Acting Secretary of Health.
   • Explanation: The appointment takes effect immediately but must be confirmed by the CA when Congress reconvenes. If not confirmed, the appointment ceases to be valid.
3. Appointment Subject to CA Confirmation:
   
   • Scenario: The President appoints a new Ambassador to Japan.
   • Explanation: The appointment is subject to CA confirmation. The appointee must undergo the CA’s confirmation process, including hearings and approval.
4. Appointment Not Subject to CA Confirmation:
   
   • Scenario: The President appoints a new Assistant Secretary in the Department of Education.
   • Explanation: The appointment does not require CA confirmation and takes effect immediately upon the President’s decision.

These comparisons and examples highlight the procedural and legal distinctions between regular and ad interim appointments, as well as the roles of the Commission on Appointments in the confirmation process.

Question 9

B. General appointments
1) Regular appointments vs Temporary appointments
2) Acting appointments vs Co-terminous appointments

Answer 9

regular appointments - issued to an appointee who has all the qualifications and none of the disqualification set by law

temporary appointments - issued to an appointee who has all the qualifications EXCEPT the required civil service eligibility

acting - temporary appointment UNTIL a permanent occupant is appointed

co-terminous appointments - appointment which is CO EXISTING with the appointing authority or at his pleasure

Question 10

Qualifications - when

Answer 10

must be present During PROCLAMATION & START of TERM OF OFFICE

Question 11

Quo Warranto:
Judicial determination (filed by OSG or Person Claiming to the Office) whether a person has the r2H RIGHT TO HOLD a public office or appointive position.

Impeachment: T
Remedy for breach of trust (exclusively filed by HOR), culpable violation of the Constitution, Bribery, G&C, & other high crimes

Question 12

What are the powers of public officers?

Duties of public officers?

Answer 12

Express power
implied power
inherent powers

Ministerial duty - a duty which DOES NOT REQUIRE Judgment, a mechanical act to do

Discretionary duty - the PO is ALLOWED to determine HOW & WHEN is the duty to be performed. So it can not be delegated unlike ministerial.

Question 13

Liabilities of PO

Cases of Immunity

Answer 13

A PO shall NOT BE CIVILLY LIABLE for acts done in the performance of his official duties.
EXC - there is BF, malice or Gross Negligence; or Independent Civil Actions; Ultra Vires Acts

Question 14

Rules on Preventive Suspensions

Answer 14

A) Pending investigations - Not a Penalty; suspended 90/60 days; not entitled to backwages WON ACQUITTED

B) Pending APPEAL - its part of the penalty; suspended until a decision is Rendered; backwages is available if EXONERATED

Question 15

De facto PO

purpose it to give Validity to their actions in so far as the public is concerned;
Effects:
1) acts of DF PO are valid in so far as innocent 3p are concerned
2) not entitled to salaries ( except if the DF PO is in GF)

Answer 15

a de facto public officer is:

A person who is in POSSESSION of an office
Performing its DUTIES
Under COLOR of authority (appearing to have official authority)

Question 16

List the modes of TERMINATION of OFFICIAL RELATIONS

Answer 16

1) Expiration of Term/period to hold office or tenure/time held in the office

2) Resignation - intent plus ACCEPTANCE

3) Abandonment - intent plus overt acts

4) Abolition of office - by Legislative, power to create includes power to destroy

5) Reaching age of retirement

6) Recall

7) Acceptance of INCOMPATIBLE OFFICE

8) PRESCRIPTION to hold office

9) Impeachment

10) Death

11) CONVICTION of a crime

12) Filing of COC, for APPOINTIVE officials

Question 17

Civil Service Commission - CPA strenthens the merit & rewards system

Answer 17

The central personnel agency of the Philippine government .

It is responsible for the policies, plans, and programs concerning all civil service employees.
- all branches, instrumentalities and agencies of the Government plus
- GOCC With Original Charters

Question 18

GOCC WITH original charter

Answer 18

Here are 10 of the biggest and well-established Government-Owned and Controlled Corporations (GOCCs) in the Philippines with original charters:

1. Land Bank of the Philippines (LBP) - Provides financial services to agricultural and agrarian reform sectors.
2. Development Bank of the Philippines (DBP) - Provides financial support for infrastructure and development projects.
3. Philippine Amusement and Gaming Corporation (PAGCOR) - Regulates and operates gaming activities and casinos in the Philippines.
4. Philippine Ports Authority (PPA) - Manages and operates public ports in the Philippines.
5. National Power Corporation (NAPOCOR) - Oversees the generation, transmission, and distribution of electric power.
6. Light Rail Transit Authority (LRTA) - Manages the operations of the Manila Light Rail Transit System.
7. Philippine Deposit Insurance Corporation (PDIC) - Provides insurance coverage on bank deposits and resolves closed banks.
8. Social Security System (SSS) - Provides social insurance, including pensions and benefits, to private sector employees.
9. Government Service Insurance System (GSIS) - Provides social insurance and retirement benefits to government employees.
10. Philippine Health Insurance Corporation (PhilHealth) - Provides health insurance coverage and benefits to Filipinos.

These GOCCs play significant roles in their respective sectors and contribute to the socio-economic development of the Philippines through their mandated functions and services.

Question 19

GOCC without charter&raquo_space; covered by Labor Code, not the Civil service Law

Answer 19

Prominent Philippine GOCCs created under general incorporation laws instead of special charters:

1. Clark Development Corporation (CDC): Established in 1992, it manages and develops the Clark Special Economic Zone.

2. Subic Bay Metropolitan Authority (SBMA): Created in 1992, it oversees the Subic Bay Freeport Zone, a former US naval base.

3. Bases Conversion Development Authority (BCDA): Established in 1992, it converts former US military bases into commercial and industrial areas.

4. Philippine National Oil Company (PNOC): Founded in 1973, it’s involved in various aspects of the Philippine oil industry.

5. National Housing Authority (NHA): Established in 1978, it provides housing programs for low-income Filipinos.

6. Philippine Ports Authority (PPA): Created in 1974, it manages and regulates Philippine seaports.

7. Manila International Airport Authority (MIAA): Established in 1992, it operates and maintains Ninoy Aquino International Airport.

8. Power Sector Assets and Liabilities Management Corporation (PSALM): Founded in 1991, it manages the privatization of government-owned power assets.

9. Philippine Guarantee Corporation (GUARANTEE): Established in 1981, it provides credit guarantees to encourage investments.

10. Development Academy of the Philippines (DAP): Created in 1973, it offers training and development programs for government officials.

Please note: This list is not exhaustive, and there are many other significant GOCCs without original charters in the Philippines.

Question 20

Career service vs Non Career service

Classify Non career service

Answer 20

a) Primary Confidential - Not routinary, holds more than ordinary confidence; includes those under the ‘ Proximity rule = close intimacy’

b) Highly Technical - holds special skills

c) Policy determining - formulates actions for the government

Certainly! Here are additional examples of non-career service positions in the Philippines that fit into each category:

a) PRIMARY CONFIDENTIAL - Not routinary, holds more than ordinary confidence; includes those under the ‘Proximity rule = close intimacy’**
1. Presidential Adviser -
Advisers to the President who handle critical and sensitive issues requiring high levels of trust and confidentiality.
2. Chief of Staff to a Cabinet Secretary -
A key aide who manages the office of a Cabinet Secretary, coordinates with other agencies, and handles sensitive information.

b) HIGHLY TECHNICAL

1. Chief Science Research Specialist - Leads scientific research initiatives in government agencies, requiring specialized knowledge in fields such as agriculture, health, or environment.
2. Chief Legal Officer - Provides expert legal advice and guidance, drafts legal documents, and represents the agency in legal matters.

c) POLICY DETERMINING - formulates actions for the government

1. Director of Policy Planning - Oversees the development of long-term policy goals and strategies, conducting research and analysis to support policy decisions.
2. Deputy Executive Director for Programs - Assists in setting programmatic directions and policies, ensuring alignment with government priorities and mandates.

These positions play crucial roles in government by providing specialized expertise, strategic direction, and policy formulation, contributing to effective governance and administration.

Question 21

Accountability of PO

State has power to RECOVER Properties UNLAWFULLY ACQUIRED by PO or E or from their transferees- NOT BARRED by Prescription

Presumption of ill gotten wealth - explain

Answer 21

there is a presumption if the PO or E Acquired during incumbency an amount or property MANIFESTLY OUT OF PROPORTION to his Salary & Lawful Income = prima facie its illegally acquired.

Question 22

Office of the Ombudsman

• natural born 40 yo
• members of Bar
• ten years practice of law
• not been election candidates for the last following election

Answer 22

one Tanodbayan ( aka Special Prosecutor);
Chief Deputy TB;
one Deputy for L, V, & M

Question 23

Jurisdiction of Ombudsman

2 powers - Investigatory and Prosecutorial

Note : J of Ombudsman GOES BEYOND (not limited to) the J of the Sandiganbayan

a) Malfeasance
b) Misfeasance
c) Non-feasance

Answer 23

Complaints against PO E of Government, its BISA — branches, instrumentalities, subdivisions & agencies plus GOCCs ( with or without original charters, when the Consitution does not dintinguish)

Question 24

Petition for Certiorari against Ombudsman actions - requirement

• Tanodbayan is mandated to INVESTIGATE a/o of PoE which APPEAR to be iLLegal, Unjust, Improper or Inefficient

Answer 24

petitioner must show that the Tanodbayan exercise the power in ARBITRARY DESPOTIC MANNER

The abuse of power is so PATENT & GROSS (GADALEX)

Question 25

a) Malfeasance
b) Misfeasance
c) Non-feasance - discuss

Against Corrupt & Abusive Government personnel

Answer 25

Certainly! Here are the definitions and examples for each concept with regard to public officials in the Philippines:

a) Malfeasance: This refers to the wrongful or unlawful act of a public official in the course of their duties, typically involving the misuse of power or authority for personal gain or to harm others.

Example: A government official who accepts bribes in exchange for awarding contracts to a specific company is guilty of malfeasance.

b) Misfeasance: This involves the improper performance of a lawful act by a public official, where they fail to exercise due care or competence in fulfilling their duties.

Example: A mayor who, due to negligence, approves a building permit without conducting proper safety inspections, resulting in a collapse that causes injuries, commits misfeasance.

c) Non-feasance: This occurs when a public official neglects or fails to perform a duty that they are required to do by law or by their position.

Example: A government agency head who fails to implement a mandated program for disaster preparedness, despite receiving sufficient funds and resources, is guilty of non-feasance.

Question 26

Who are covered by the administrative disciplinary authority of the Office of the Ombudsman?

Are there public officials not covered by the disciplinary authority of the Office of the Ombudsman?

What is the extent of authority of the Office of the Ombudsman in the conduct of administrative investigations?

Answer 26

All elective and appointive officials of the government

and its subdivisions, instrumentalities and agencies,
including
Members of the Cabinet,
local governments, government-owned or controlled corporations and their subsidiaries are subject to the disciplinary authority of the Office of the Ombudsman.

Yes, excepted from the coverage of the disciplinary authority of the Ombudsman are
Members of Congress,
the Judiciary,
and officials removable only by impeachment.

Administrative investigations conducted by the Office of the Ombudsman shall be in accordance with its rules of procedure and consistent with due process.

In any investigation under R.A. No. 6770, the Ombudsman may (a) enter and inspect the premises of any office, agency, commission or tribunal; (b) examine and have access to any book, record, file, document or paper; and (c) hold private hearings with both the complaining individual and the official concerned.

Question 27

Are there prohibited pleadings in the administrative proceedings of the Ombudsman?

What are the grounds for filing a Motion for Reconsideration/ Reinvestigation of the decision or order issued by the Office of the Ombudsman?

Can the Ombudsman preventively suspend a respondent to a case?

Do the Rules of Court apply in the Office of the Ombudsman?

Answer 27

Yes, the following pleadings shall be deemed prohibited:

Motion to Dismiss, although any ground justifying the dismissal of the case may be discussed in the counter-affidavits/pleadings of the party;

Motion for Bill of Particulars; and

Dilatory Motions including, but not limited to, motions for extension of time, for postponement, second motions for reconsideration and/or re-investigation.

A Motion for Reconsideration/Reinvestigation of the decision or order issued by the Office of the Ombudsman may be filed on any of the following grounds:

(a) New evidence had been discovered which materially affects the order, directive or decision;

(b) Grave errors of facts or laws or serious irregularities have been committed prejudicial to the interest of the movant.

Yes, the Ombudsman or his Deputy may preventively suspend any officer or employee under his authority pending an investigation, if in his judgment the EVIDENCE OF GUILT IS STRONG,
and
(a) the charge against such officer or employee involves dishonesty, oppression or grave misconduct or gross neglect in the performance of duty;
(b) the charges would warrant removal from service; or
(c) the respondent’s continued stay in office may prejudice the case filed against him.

In all matters not provided in the Rules of Procedure of the Office of the Ombudsman, the Rules of Court shall apply in a suppletory character or by analogy whenever practicable and convenient.