Termination Of Official Flashcards
What are the Modes of terminating official relationship?
- Expiration of term or tenure.
- Reaching the age limit.
- Resignation.
- Recall
- Removal.
- Abandonment.
- Acceptance of an incompatible office.
- Abolition of office
- Prescription of the right to office.
- Impeachment
- Death
- Failure to assume elective office within six months from proclamation
- Conviction of a crime.
- Filing of a certificate of candidacy
Distinction between term and tenure:
Term is the period of time during which a public officer has the right to hold the public office; tenure is the period of time during which the public officer actually held office.
When does a term of office commence?
a) Where the statute fixes a period within which a chosen officer may
arrange his affairs and qualify for the office in a prescribed manner, his term begins upon qualification.
b) Where no time is fixed by law for the commencement of his official
term, it begins from the date of appointment in cases of an appointive office, or from the date of election, in case of an elective office.
c) Where the law fixing the term of a public office is ambiguous, the one
that fixes the term at the shortest period should be followed.
d) Where both the duration of the term of office and the time of its
commencement or termination are fixed by constitutional or statutory provisions, a person elected or appointed to fill the vacancy in such office shall hold the same only for the unexpired portion of the term.
e) Where only the duration of the term is fixed, but no time is
established for the beginning or end of the term, the person selected to fill the vacancy in such office may serve the full term and not merely the unexpired balance of the prior incumbent’s term.
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f) Where an office is created, or an officer is appointed, for the purpose
of performing a single act or the accomplishment of a given result, the office terminates and the officer’s authority ceases with the accomplishment of the purposes which called it into being.
What is the Compulsory retirement age
Seventy (70) years of age for members of the Judiciary; sixty-five (65) for other government officers and employees. See the new GSIS Charter.
What is resignation?
The act of giving up or the act of a public officer by which he declines his office and renounces the further right to use it. It is an expression of the incumbent in some form, express or implied, of the intention to surrender, renounce and relinquish the office and the acceptance thereof by competent and lawful authority [Ortiz v. Comelec, 162 SCRA 812].
Who are authorized to accept resignations officials?
President, in case of governors, vice- governors, and mayors and vice-mayors of highly urbanized cities and independent component cities; Governor, in the case of municipal mayors and vice-mayors, city mayors and vice-mayors of component cities; sangganian concerned, in case of sanggunian members; city or municipal mayor, in the case of barangay officials. -
i) If the public officer resigning is an appointive officer, then the
tender shall be made with, and accepted by, the appointing authority;
ii) If an elective officer, then tender shall be made with, and
accepted by, the officer/s authorized by law to call an election in order to fill the vacancy.
.
What is a recall?
The termination of official relationship of an elective official for loss of confidence prior to the expiration of his term through the will of the electorate.
Describe the process for recall
Limitations on Recall
Any elective local official may be the subject of a recall election only
once during his term of office for loss of confidence.
b) No recall shall take place within one year from the date of the official’s
assumption to office or one year immediately preceding a regular local election
Grounds for removal or disciplinary action.
Sec. 36(b) of the Civil Service Law:
Dishonesty
Oppression
Neglect of duty
Misconduct
Disgraceful and immoral conduct
What is dishonesty?
Dishonesty is the concealment or distortion of truth in a
matter of fact relevant to one’s office or connected with the performance of his duty. It is a serious offense which reflects in the person’s character and exposes the moral decay which virtually destroys his honor, value and integrity. Under the Civil Service Law, the use of fake or spurious Civil Service eligibility is regarded as dishonesty and grave misconduct, punishable by dismissal from the service [Civil Service Commission v. Cayobit, G.R. No. 145737, September 3, 2003],
Define. Misconduct
Misconduct, by uniform legal definition, is a transgression of some established and definite rule of action, more particularly, unlawful behaviour as well as gross negligence by the public officer. The word misconduct implies a wrongful intention, and not a mere error of judgment. “Time and again, we have emphasized that the Personal Data Sheet is an official document required of a government employee and official by the Civil Service Commission. It is the repository of all information about any government employee and official regarding his personal background, qualification, and eligibility. Concealment of any information in the PDS, therefore, warrants a penalty for the erring official” [Advincula v. Dicen, G.R. No. 162403, May 16, 2005]. Indeed, in Bautista v. Navarro, G.R. No. L-46199, June 29, 1982, the Supreme Court held that the concealment (from the Personal Data Sheet of an official or employee) of a previous charge, albeit dismissed, constitutes a mental dishonesty amounting to misconduct.
True or false
An administrative case against a public officer shall continue despite
the withdrawal by the complainant
True
What are the groundsfor a Petition for reconsideration?
Petition for reconsideration shall be based only on the following
grounds: (i) new evidence has been discovered which materially affects the decision rendered; (ii) the decision is not supported by the evidence on record; or (iii) drrors of law or irregularities have been committed which are prejudicial to the interest of the respondent.
What is the test of incompatibility?
By the nature and relation of the two offices
to each other, they ought not to be held by one person from the contrariety and antagonism which would result in the attempt by one person to faithfully and impartially discharge the duties of one, toward the incumbent of the
