Ban Beda College of Lain RRC ee ects Ay tenes PLCC LAr ee i law under which ins exernine regan" he goverment acing wees? sea QUest uot ‘eapnelty, ask Sr orenaeandut of Yn Indiv te fn neces OF Promoting the welLteing ofthe comme a souRCcES 4. Constitutional or statutory enartmonts eating Adininist-ative bodies 2. Decisions of courts interpreting tha charters of Administrative bedies doses Ard roguiators lssued ay administrative £8 It Bursuance of which thuy fre croated :\ Sed. iver than the cours ane the legisiature, poweeG, with quas'tegisiative and eu judicist fae fot the purzes3 of enabiing ite carry out ‘ene entrusted toi for enforcement or execution, CREATION 3: by constititional provision by lea'sialive enactment by authority of law Criterion: A body or egency is Administrative conceal’ fection is primarty regatatary oa’ nt to carga %a!98 and determines conroncrels poner ou ils regulatory Guty, On hs one ‘making eae eee eae + Quasiegistave oF rulemaking powor ——_—__. atcunive comnarrer, Far CA ANUGAN cor eh ae ea ceadons pecans, sean erator. RIN CARO HUSIROsecharss eten MENARY AO mPCUIeAL enw) tin nonrcuronuinye i seit ‘ 2 Quosisudictal or adjudicstsi + Delerminative power . general se plicabiny ‘prospective W ervisage: ithe F deterniination of or reguiaten Cf 8 Tule | rights, prvioges ayency to promulgato twules ani requlations on matters of their own special zation DOCTRINE OF LEGISLATIVE APPROVAL BY RE-ENACTMENT ~ the rues and regulations promulyaled by the proper administrative agency implemen.ing tne law are deemed confirmed and approved by the legislature wher said law was fonactes vy later legislation or through coulicaton. The logislature Is resumed to Nave {ult knowledge of the contenis of the regulations then at the time of re-enactment, QUASHJUDICIAL OR, POWER + Proceudings partake cf the nature of iudicial Proceedings, Administrative: body is granted the wuthorily t0 promulgste its own rules of procedure, ADJUDICATORY + Power of the moke coasts pertoranis aContempt Power ~ must ho expressly ranted, and only Inthe exerelsa of 10 Judtsiat function, * pany contested casa, the agency shal have We cower to require. the atiendance ot yfltesses or the production ot hoes paper documents and ober nertinant dais, Urey ¥y party bafore or during the eating upen showing of general rclovane Unloss otherwise provided Ly agency mey, Incase of disobedion tho ale of the RT wih {he contested case being heard fal poms trative Duo Procenu: HEUS - oR) 1. fight to a hearing; 3 MBural must connider audence p:eseniee: 3 decision must have something ie, suoport itsett evidence must be substantial 5. decision must be based on evi Acduced at the hearing or at leasi covcrs in the records and disclae board or judge a decision and * itcision must be rendarad in such w manor {eal Parlios to controversy can know variooe Reues Involved and ‘he reason tor as pteision rendered (Ang Tibav v. Cin, Gis Ne. b-46496, February 27, 1040), re inintrative process ‘ara urwasticled. by wes cnical or formal rules of preeeaur, nan Severn als before a cour, especialy Fight “against self inerimination ix Pascable in the sdmiistrative proceesings Gascual v. Bosra of Medical Eeanino GR. No, (25018, May 26, 1969). ue : ¥ i {EMORY AID IN POLITICALLAWT 69 a ADIN FOUN a SUBSTANTIAL AVIDENCE — sy evidence that ® refldonebie mind ‘iequate to supp conclusion, ch relevant might accept as Administrative ‘ind Hoaring NOT Hocessary: 1 gummery protedings oF cisteaint nnd levy pon Broverty df delinquent taxpayer 2. grant of provisional authorty for increase of tatasegr to sugnge In particular tine op business; 3 cancellation of passport yj siscretion Is corvmitted, 2.5) 4 summary abatement of ‘nuisance Shieh atfects selaly of persons or property. & preventive suspension af olicer or emplovos bending investigavion; and © Grant oF revocation of feenses oF permits fo Sograte certain Businesses atiecing “publ order or morals, rminations Where Notice sre no abuse of Administrative Appoal or Reviow 4. Whore provided by aw, trom Seministrative determination may be mide to Bag Sher. oF superior adminisieative bttear ce bony. : epoca! 2. BY Vue of power of conto of the Preston, the Presidont! imselt or through ont Departicent Hebd. may atm, moviy. ater & Foverso they aditinisvratve’ doslsien ots subordinate, 3. Atpotiate adininistiva agency may conduct ational “hearing! in appealsd, ease, if deomert necoseary, Enforcement of adminigtr decision 1. AS provided by law § Pv. 132-136) 2. My Invoke tl me for the’ bimposs (Cruz by the epvect in the! 'ofee of public opinion Administrative duc proccss doos not ol ll limes 9 tialtype hearing, frat ihe buries are givon the o2portunty to (Poon Me £888 even thidugh pleadings (radia v. Slo. Tomas, GR. Wo. tosdan March 31, 1995)70 |2009 CENTRALIZED BAR OPERATIONS 3, lspensine - to ralax the goreral operation of 4 law of to exempt from general prohiiter, oF relleyo an individual er a corporation tro fn effisnatve duty, 4, gxamining ~ also culled investigatory pow Consist In coquiring production 0! a00k: Papers, ele, tho ailendance,of wiltesses and ‘competing their testimony, 5. gummary'~ power to apply compulsion or force against persons or property io elfectuale a legal ourpose without judicic! warrants to authorize such actions. DOCTRINE oF ADMINISTRATIVE REMEDIES ~ whenever thors {san available administialive remedy provides by law, no judicial recourse can-be made until all such tomacion haya been availed of art exhausted, EXHAUSTION CF + An administrative decision must be apzeated fo the adminisirative superior up to tie highest level before elevating it to the court for reviaw (Cruz, p. 158) + Only those decisions of adminictrative fagenéios made im ty exarciso of qua Judicial powers are subject to the dockins, If In the exercise of its quasi-legletative function, the regular court hae jurisdiction (Smart v. NTC, GR. No 151908, August 1? 2063) + Exhaistion of administrative remedies is applicadls when there is competence on the part of the udmitistrative body ts act on ‘the Hatter complained of; adminis ative ‘agencies are rot courty; neither are they pert Of the judicial system, nor are they deeme: ludicial tribunals. (Reginov, Pangasizan Calloges of Scienca und Technolog GR, ‘No. 156109, Novembor 18, 2004): Effect of Failure to Exhaust Administrative Romedios: A. a general rule, jurisdiction of the Court io not. affected but thy complaint is vulnerable to dismissal (or falure to stale a cause Of action. However, no snolion to dismiss is filed, there is doemed to be a waiver. Exceptions to the Dustriné 4, “when therv is a violation of due precoss, 2. when the issue involved Is a purely legal quostion; ¥ San Meda College of Larw when the admidst ilgal amounting 1 Jisection; 7 4. ‘when thera Is estoppel on tho part of the ‘administrative agency concerned; 5. den thore is reaparable injury 6. when the “respondent is "a Department Secretary whose acls as an alter ego of tre Prosident beurs the Implied and assumed eoproval oft latter,” 7. when to require exhaustion of administrative remed'es would be unreasonable; 8. when it would amount to @ nullification of 1 dlaim; 9. when the subject matter is a private land in land cose proceedings; ie. wien the ule doesnot provide @ plaic Speady, adequate remedy: 11. win thera ure clreumstancos wwdcuting the lucgency of judicial intervention: 12, when no adminksrative review is provides ty ‘am, 13, whire the rule of qualified polteal agency apps; 14. when’ the. \ssuo of non-éxhustion cf administrative remecies has been rendered oot (Laguna CATV Nolwork v_ Maraar, G.R No, 199492, Nosembor 19, 2002); ard 15, 11 cases of patton fer wat of ampara, ive acilon is patontly ck OF excess cf DOCTRINE OF PRIOR RESORT (Doctrine «1 Primacy Administrative Jurtsdiction) ~" Tho Gourts cannot and will not resolve. controversy iivaivng @ question which Is wihin th? juisdicion of an aamitsteative (buna, where the question demands tre exercise of sourd administrave diseretén requisng. the. special knowledge, experionea and services of the administraive tnguna! te determine technical and invicove matters ee Burg ern ntsSan Heda College of Lai s Pe “haemony SS aaa Ret Cy By pes naa RULE: Except when the Const ‘ution tequiras nr ‘ows Juda rovew may be granted ren ‘8 Congress chooses. Thus the taw may provide that determination mad by an somcronce agency shall be final and not feviewable, in such A £388. tore Ia no: volalon “of due" prosecy (Nechura, p. 360) When mace: {2 determine constittionality or vaticity of any realy, lew, ordinadee, executive order oy fegul itor 4. [0 devermine jurciction of eny administrative board, commission or officer, 2 {2 determine any other questions of law; and “ '© delermine questions of facie wien recetsary to determine either: 2. constitutional o- jursdietionel issue, D. comimission of abuse of suthonty. isd © when ‘administrative fact frcing Body is unduly restricted by an exror of tay Gonoral Rule: Findings of fects of administrative Sgencles are accordod great weight and Courts are prictudad from reviewing therm Fxceptions to the Rule: 7 {actual sinaings not supported by idence: 2° findings are vated by fea, Imposon: or allusion, Procedure which led io factual tidings is irtegutar, Palpabie errore are committed; Srave abuse of discretion, avtitrarinses oy Sepviclousness is manifest: when expressly allowed by sietute: and Ao" In aPpreclation of the pleadings. rnd in resentation of the - documentary Parles (Nachun, Auslcial review ts valid despite friaity “ot administrative decisions whan: 4. Decisinn is wrong: “2 Manifeatly “arbitrary, capricious, unjust decision; 3. Peeision is mot based upon any rewsonabie * Interprotution of law: “ fomiistrtive body ot’ oftecr has gone beyond item agency exorcised Unconstiitonal power 8. Decision vated by aud, Imposition or mistaner 7. Lach jrseetion; 8. Grave abuse of, Ciscration; and WW POUFICAL LAW) 71 9. Declsiooletad or tate comply wth seme ‘andalory pryiion of ta, LRANDEIS DOCTRINE OF ASSIMILATION OF FACTS: i, Where what ts fo be a finding upon -a question of HIN 80 involved with end Gopendent upon 4 Question Ise agri ga Hapsiance and effect a decision on the latter tho Seal Im ordetto decite the legal quoston exomine the nlite ecora including the evidence aha nectar iMiscr | agli! auttirty anoiduty, crested and conterred ty law by Which fora given poviod. ther thee Py Jaw ct enduring at the pleasure ofthe ereating Hower, an indlvidualia ‘vested with some porte, of the sovorolgn tunctions tthe stato te be pucicted by him for te: bene't of the oop atts. (Crue, Tho Law of Public Onears, Eost od pa, faye creation © | ‘By (the Constiuiin (e.g. Offce of the Prosidont) % By valld statutory enactments (0.9. Otfee of the Insurance Commissioner) 3 By authonty of the taw pth ‘Onvde Commission) (iuzduro, Revisor in Pemee Law, 2008 ed, p.#23) S.EMENTS OF PUBLIC OFFICE (L019) } Creates by law or tly autiorily of faw, 2. Must pessess'a ‘elegation Of 8 portion of the ‘Sovereign powers df ihe government, to be exercised forthe hier ol tna pocia 3. The powers contered and the duos to be aischargod must Le. “gatnn si wliedt ani slave, or through . Ms aerad 7 ag te jn ie non ‘Thdependantty yhnd withot, Seite supe 7 r " vA NPs cud renee cunae ONO Law or Pubs Vag i 4 oak72.|2U09 CENTRALIZED BAR OPERATIONS a, Notbeing a proporty, a public office is not proterled by due process clause b. No vastad Interest or an estate In an ‘ofcd;‘or un absolute right to noid A parson who holds a public office CLASSIFICATIONS 1, Constitutional or statutory, 2. National or focal; 3. Legislative, executive or judicial; 4. Lucrative of honorary; 5, Diseretionay or ministerial, 8. Appointive or elective, 7. Civil or enlitary; 8. De jure or de facto EUGILITY AND QUALIFICATION (Two 0 1. may rater to endowments, qualities or attributer which make an Individual etigivie tor publle office; +The individual must. possess the qualifications at the time of the ppoiniment of election and continuously for as tong us the official rolationship conunues, may’ refer to the act at entering into the performance of functions of publa office, + Prolonged (allure or refusal to take the ath of office could result in the terfelture of office OATH OF OFFICE ~ @ qualilying requiremuat for 8 public office. Only whan the publle officer has Salisfied this prerequisite can his right to enter Into the postion be eousidered plenary and complete, Until than, he has none at all, and for BS long as ne has. not qualified, the hcldover officar is the rightful occupant, (Locaroz v, Sundiunbuyan, GR. No; 130872, Mare: 2, 1999) AUTHORITY To QUALIFICATIONS when priscribed by the Constitution, thoy ae gonerally exclusiva, and the leg!stature inay ol increase of reduce qualifications except whoo the Constitulon deel nrovitee otherwise as whon, only minimum or na walifcations ara pretonbed (0... Xill Svc 17 (2), AN VUE Sex 7 (2) 1947 Consitation, 2. when the office is created by stalule Congrass nas vitually plenary powels presente qualification, but such must be. 1. gurane to the purpose of the afew, and PRESCRIBE Tk San Feds College of Low not too specific 60 as to refer to, only one Individual, + Gualifcations for public office whethor prescribed — ay the Constitution or by statute,*may nat bo changed by privato agreement (Cruz, The Law of Punic OMfcers, 2007 odd, p42) Pie uecuiias JN ne who has the repureticn of buing an officer that he assumes to be, and yet Is not a good tficer In polnt of aw. (Torres v. Ribo, No. 205%, Muy 21, 1948) Requisite (vac: «a validly existing public office: ‘ual piyaleul possossion of sus of 3 oor file oes by any oh felowing ‘eputalion or ectulrscence: 8. known and val eppolniment or etecticn but le officer failed to coniorm to legal requirement, ©.. known eppaintnent or election but void because of ineligibilly of the officer or want of euthoiity of the apzointing or oiecting aulherty or regularity in appoinirnant br election not xnawn "0 tha public; and 4. krown appointment oF election oursua.t fo an ungonstitutional law before declaration of unconstitutionality. + A de facto officer is subject to the sare liablties Impased on she de jure officer in tae discharge of ollicial cuties, ir. additlon tc whatever special damages that from him because of his unlawiul of oles. (CruxSUALLENGE AGHNST 4 be Pe CER: must be Inn urecth oe ‘Pe tte wal be the principal eeue, * The authorized procsoding is qrn warrarto, tre ery Selon Gent itha ni of {he Republic of by any person Sla'ming te to fh office. (Cruz, The Law LPublic Sticors, 2007 od, 7.65) § Facto 19 whore hnicaly. guest point. i Wate i ae Inno Under any oF f ong eae? tikes Croumatit,, (4) | possessice ey offics and undertakes 13 act officslly “without any authorily, either acival Of apparent POF has neither Tawi “ave OF culer of rinht or tite 2. {0 offi alld 88 10 | acl ‘Fe absoivieiy veld | fuuch | and can be impeachag He tof In eny proccecing at '8 any time uniess “ard unl ke continues Ie Yor ¢o lena 2 time Y aflord Prosumption of his right 1.10 act i Compensation — for compensation services rendered Stes rencrad | circumstences | Pentioned Pas color oF igh ile 10 office SAE rere Rae IE i aerator aa Ir DY appointment; of © by election, APPOINTMENT » selaction, by the authorty rere 1 POM, Of ai indivi ae Is 10 ete the functions of a given orice (Binamira 2 Sarmuche, G.R. No. 82008, diye se 100) * HP etsentiany direrotionary powar any must Pe performed by the efter In wine itis f i i ne + Lian Beda Cotteae of Lain ee MEMORY AID WN POLTICAL LAW, 2 con SHENG 1 Ne BBs! hts, tne only omen ytP that the byes S2Y fortonalon gunn teen y fave i fe doos) then the 8ppointment Cannot be Pare, M8 around that tne cama bette: quaitted wng: veqo. “preferred. 1) (cy CM Ser Commission No. L-o01ay, aye 5, 1906) Commission ~Witen evidence of ®ppointment, catlanation — Knosstion of scstienal utes, bn Giually by law, bn a person sheady in public office, i ae Classification offfppointments i A Permanent | extended to 5 person Feheantn, recut “aumacpeeet poate te. toy requit Menon: Postion and tus enjove seciyetied or 8. Temporary = vétng appa cn 8, May Nat alae fo mene wietegptonn sony ang iy su eee vats “IMU he coast fu eat at Sine ntestgtion, provnd i ‘*PPolniment shal not axceas 1a mah ‘fhent: extended "age the! tomberay appotniment is for a fixed period, thal spppolnimont may” be a HB cere cee eee eo oe a14 12009,CENTRALIZED WAR OPERATIONS D, Regular -- inase by tho President whe Congress is in session and becomes affective after the namnation is confirried by the Commission or Appointments ani! + Continues until the ond of the term, E Adintertin 1 Recess ~ made while Congress Is rot in session, bofore nonfiemation by the CA: is Immediately effective, and ceases to be velid IW cisapproved or bypesaed by the CA upan the next adjournmant of Congress, 2. Midnight ~ made oy the President before his term expicas, whether or not itis confirmed by the Commission on Appointments, + An ad intevim appointment is ‘a permanent Appowiniont becwse it cakes elect immediately and can no longer be withdrawn by the President once ine appeintes hor Qualified, into office The fact that itis sudjuct fo confirmation by the Commission on Appoiniments does not alter its permanent tharacler. (Malibag v. Bouipayo, GR. No, 449036, Aorl 2, 2002) Made during te legisiativa session _ Made only atter tha homination i, confirmed by the cA | Made” “before “euch ‘confirmation Contiices unit the end of the tertn of the appsintee onca confirmed by the cA ‘Snail coase to bo veld disapproved by the CA or bypassed by CA upon tho next adjournment ut Gi + Glassiization of appointments Into regule: nd ad Interim: oun 3e used: only. when refarrng te tho four (4). edtagories of appointments made by tha President ot tne Philppines ia the first sentence of Se>, 16, ‘Ait Mil of the Consiiution, ‘which. requi Confirmation by tha” Ganimission ‘Appointments. -"(Nachura, Raviowor In Pallical nw, 2008 vel, p. 428) Stops In thy Appointing Procges ipluase rofor ta power of appolntmont u.rder EXECUTIVE DEPARTMENT page 41) Judicial Revisw of Appointment; appoinimert | ganeruily u political quustion 9@ long ws the San Beda College of Law ‘uppointeo fulis the minimum — qualicaven Foruements preserioe ky law for the position, OTHER PERSONNEL ACTIONS 1, Promotion = movemont from ony position to inotlier . with Increase in duties ano fesponsiblilas as authorized by lav ard Usually accompaniad by an increase in pay. a Noxtin-rank ule ~ the oerson nxt In rank shall be giveri_ preference in , Bromotion when the position immediately ebove his Is vacated, + The appointing authority suit cexorcises discretion and is not bound by this rule although ho is required to specify the “special reason or Feasons” for not appointing the officer nextincank, +, Atqualifiod nextin-rank” refers to an ‘employea appointed on a parmanent basis to “a position proveusly dotermined to ba nextin-rank to the vacancy proposed to be filed ang who meets tha requisites for ‘oppointmant thereto 28 previously determined by the appointing authority and approved oy the CSC. {P.D, 807, Section 19(6}) u Automatic Roversion Rule - ine disapproval of the appoiniment of a Person proposed to @ higher position invalidates the promction of those in the lower positions and autzmatically restores them to trelr former positions. Requisites: |, “there must be a series of p-omotions; li. all” promationar appointments are hy submiltec to the,- an Beda College of Law MEMORY AID IN 0 cannot-be done without the employee's 4 thay, viola tholr public tnt and fail to onsant, for that would consitute rarrover foro ch Winos! reapers, nag {tem office. (ivinagnicis v. Sto, “omua loyalty snd effelbney ond uct with patieors G.R.No, 110954, May 31, 1905) and justice ard ida modest lives, 4 Relgaumtomant ~ Permanently apvointes —_ NEPOTISN = faviiam towards relatives by the Cranecenagat® has, Hough eo Helnauency —_appoiminguthomtyarlen a pighiblied, cove's may b> renaatog eg earle’, Wetetiom. al appaltments tnd evan aon ates es ove foratich es cuagfeaten sh samc Pasonay ery aud mnie revi ay a ‘evo! for \vhich he Is quatiied ‘ny branch, oF Insrumentalty.eroot iplacing a Subsecuent acauisiion ofthe appropinte Gace: std tare 2 helatve of the (1) seine ee, albly ro tusson to appaining Bt fa) ragoren ee aulhosly or of compel appointing authority to feappoint the (8) chief of the bureau or office of of the (4) SR ne ri eee ludoe de Susman, persona enarlshy immediate nee) GR. No 118183, Ocioher 6, 1995). him, A relative isione within ‘he 3” degrae of b. When a person is given a patdor ‘consanguinity oralinity. +t becouse Fe did not fruly comm ire 4 putes £88 P8tdon relieves tim from all. VACANCY - cecufd when an offee te empty and Feed agence Nn eininn ack, thou a ogaly eubthed nooner ape aa raat: Rg OORT 4 MPRY TOF elestod tok wht acne Hepat tts feinetatement; he is restored to his ofics Se 0 Perfor Is dutes. ipso facto upon the Issuancu of the Gemeney, and !ha is: enttiog. te back wages. (Garcia 1. Chatimun, CO, GR. Ma 76028, Soptamber 14, 180%), AUTHORITY OF PUBLIC OFFICERS" 5. Dotalt = movement’ trom one -aguney to 1. Expressty cont ‘upon him by the uct. another" vithout” the issuancu of py, appolating him; ff} ‘ppointinent; allowed only for a Fmited oeriod 2. Exprosaly annoxed to tho cies by Jaw, In tie case of omployces occupying 3. Atfached fo the office by ‘coruinon saw as Professional, technical and “sclentiig incidents tot, postions, : aos DOGTRINE ‘OF NECESSARY IMPLICATION — 6 Resssignmunt — movement from one all pawors necassaiy for tha effective oxcrelsa of ‘Séganizational uni fo. another in the sore the express . powers are dee ned. impliedly agency provided that such shall not invaive @ granted. : Feduction In rank, status of salary, But like + The authority cah?be exercised only during Geta, the reasslgnmont should have tha term when the public officer is, by law, definite date oF duration, invasted with 18 rights-and dutlés of the ‘ lca. (Neshurs, ‘Reviewer in Potiical Law, 7. Reompleyment = names of pertors who 2008 DEG EE aul have" deen appointed ' permanentiv to Positions in the career service and who have been separated a8 a result of reduction sn force and/or rsorganization shall be entered in 2 list from. “which selection for feomployment shall bo made, 8, Demotion — moveriea from one positiin to another wrich Invelves diminution in duties. responstoiitios, stntus:or rank wii may: or May not Involve reduction in salary. 8. Discipline - officers and ‘employces in the wil service Including those apoointed to policy-determining primarily confidential and Sighty technical postions enjoy sceurlty of fenure and may not be suspended or lamissed except for cause as. may be Provided by law. But they may be dtscipined7612009 CENTRALIZED BAR OPERATIONS POWERS OF PUBLIC OFFICERS 1. Ministerlal » discnarge (¢ Imperative ans Tequiros ‘nolther judgment nor discration, mandamus wil le; and 2 Diseratlonnry ~ imposed by luw wherein officar has tha right te decide how and when {he duty soll be performed, mandamus wii, not He. OUTIES OF PUBLIC OFFICERS. 1. To be accountable to the people, to seve rem wily ulmost responsibilty,” inte-rity, loyally and elfcieney, 0 act with’ patiotism and juslire; and to lead modest ines. (Seu 4yArt Xi) 2, To submit © declaralion under oath of hit assets, iabilties and nat worth —upcn assumption of ollice and as often thereatter 8 may be requited by law. (Soe, 47, Art. XI) 3. To owe the State and the Constitution aiagiance ot all times. (Sac. 10, Art XI) + The Solicitor General's duly to represent the “government, ils officos and instumentaiies and ils offidals and agents - except in criminal cases or civil ‘cases for daniages arising from felony ~ ig mandatory. (Gomalos vs. Chaver, G.R. vo 97351, February 4, 1992) + Tha government is no! estopped (rom questioniig the acts of ils. oliials (Sharp Intemational Marketing vs. CA, ‘No. L+76829, September 17, 1987) ARULE: Not liable for sustained by ancther us a eonsequer facts done willin the scope of h ‘excepl as atherwise provided by law, EXCEPTIONS: Je slalutory iaulty under the Civil Code (Arts 27, 92 and 34 . 2, When there is'@ cloar showing @1 bed tat ‘malice or aegigence (Section 36, Charter 2, Book |, Administrative Goda of 1987); 3. aaity on contructe entorad Into without oy ‘excess of authority: ar 4. labity for tort + In matters of tor, tho same wil sot be Imputatio ta we publ officer iis shown that he acted within the limlis of fis authonty without the attendance of bed faith," (Gryr, . e Presidential Commission Againgt the charges frat aie Coruptign: (PGAae) ahet X {the was reprimendoy awe dha PoWor ito invastonas for the. same charge Rdminideativa complain ances || which was the busts oF Presidential appoinrees in get the “decision orvaring “fxecutie: dopartmont of {ne his) dismissal, he Seyernmetit, Including those in ine Cannot claim buck SOC charged with “geen ant Wages. penalty maraly i comuption Involving one on na —Lvemmutea Combinaon ofthe folowing enter PEeeoeeeceeraet uh — 4. presizantil eppsiniges. with tre Per cowtlen of ‘suspension pandeato. to f° fank:Bhuivalent to or higher ihe’ alain, nA whether they be appowica * yg ln Aatlstant Regional Girecton rnaunt involved. at feast PYOM; Clective officials; oF permanent oF teinparery hose. which thieaten riavous moeyees: OF erianing fo the corer Sangean, rue. eran" arr or Injury to. the ‘natoat Sonilvanbuyan, GR Na, 14246 ily 27 Inleres and 4 2004) 'w those #hich may be assigned tot by the Presi¢ent (0, ‘Nov tot aulles on Praveniive Suspension; and 156.4), A: Appointive Offictais Ci ‘Mle Presidentia!'Appointes iSees, 41. % Elective OMialsl (Sec 63, nua, 7160) 42, PD. 807): 1. by wihom = agdinet whom Pe Bthom = the reper deciptning & President & lective: offal of m horlly may preventively suspend) Province, § highly wbunized or an st whom = any. suverdincle Independodicomponent ite otier Or employee under veh ® Governor: + lective ofa! of authonty; fomponenteity or municipality, When = Dendinn an investigation & Mayor — olective official of 9 & grounds ~ i the chavge suai? suey barangay pficer or amployee involve, 2 janon "at any lime ser ithe issues are |. dishonesty, ed; NEG oppression oF grave misconduct, a Lt Ii Seglect In the performance: sy 3 feaconable ground 10 bbiéve thatthe uly; or fespondent has.commilied tna wet ‘wf thors are roatons ‘0 believe 3et8 complained oft . that respondent is. guily of ine & evidence of culpabity is strong, charges which would waruint hs s, bid ‘emoval from the service 4 & futation = * the. adminietratieg (nvostigation must ba. torminaice ibn 90 days; otherwise, 2. A Presidential Appoint ervey, be investigated ang78 2009 CENTRALIZED BAR OPERATIONS TEIZOULGENTRALIED BAR OPERATIONS Provaniive suspension ‘or 6 months vathout “pay Ie thus according to law (Lustimosu Vasquez, GR. No, 118801, Agri 8, 1995). + Tha Ombudsman hac! the power to drectly Impose the penalty. of removal, suspension, damation, fine, censure, uF prosecution of an + arTing public official, othar than a mombe: of Congress and the... Judiciary,. within tie Oxercise “of its administrative clecipliinyy ‘authority ws’ provided tor in. Section 13(3), Aillla XI of the 1987: Constitution, and Saction 18(3) of Republic Act No. "770, (Bonoaion ¥, Court af Appoals, G.R. No. 171612, Dacomaox 24, 2006) thie fs + Funher, the Ombudsman was granted the ower t9 punish for contempt in iccoraar.ce * with tha Ruins of Court: it was given dleciptinary authority aver’ ai elsctive. and. ‘Appointive officials af the govariment and Its: ‘subdivisions, instrumontaikies end agencies (with "the excoption only of impeachanio officers, muinbers of Congiess anc ine vudiclary) (Lodasma v. Court of Appouits, G.R, No, 181629, July 29, 008). + BA. 3019 mukas ft mandatary for the Sandiganbayan to suspend, for a inaximuin Perlod of 90 «lays unless the cage is decicod witht 3° shorter period, any publle officer against who a valid ‘information is. fled sharging Violation of: 1. RA.3018; 2 Book ll, Tue 7, Revised Penal Cade; or 3 any off wolving fraud upon government or public funds or property (Cruz, The Low of Puniie Otficors, 2607 ed, 130) ERG gn RIGHT TO OFFICE — just and egal claim to exercise powers and cespor sibities ef the publ's olfice, palaei + Torm ~ percd during which officer may diaim to hold office as a right. + Tonury arid during whieh officer actually hews office, RIGHT To Sat any 1 tle to the office and the fact that the law attaches compensation to the office, + The ox officio position bairg actually and in legal contemplation part-of the principal office, it folluws that the effcial coneemed hag no ight ta recelve ‘udditional compensation” for his series. in guid Sean Beds College of Law ele College of Kay position, (Cruz, Tho Law of Public Oifizors, 2007 od, p.199) * Buck walarion are payable to un officer Kegally “dismissed . or otherwise unjustly Gep-ived of his office, the right .o recover ‘accruing from the: déte of deprivation. The claim for back selaries must be coupled with a claims for reinstatament and subject ‘0 the Prescriptive period of one (1) year ;Cruz, Tho * “uw of Public Offears, 2007 od, p.208-207) + The salary of 3 public officer cannot, by Garrishment, attachment, or. order’ of executlor. ba seized, ublic pellcy aluo Prohibits the assignment of unearned salaries, 91 fees, (Nerhure, Reviewer in Police: Lavy, 2006 04, p80) 33 ~ RIGHT [0 VACATION LEAVE AND SICK LEAVE WITK PAY + Under Office of tne Pres.dent Meme Circuler No, 64, cated March 24, 1988, government officers and employees are now ontiled to Commutation of ali leave credits without limation and regardiess of the period when the credits were camed, provised ine cluxmant was in the savine as of January 9, + Undior Section 81 of the Loca! Government Code, elective local-offclale shall uo entited to tha sara leave privileges. as those enjoyad Dy appointive tocal officials, including the ‘cumulation and commutation thereof RICHT TO RETIREMENT PAY - retirement laws ‘urn Hiveraily construed in favor of the retires (Povlata «Orion, GA, Nu, 104199, Dowambor 23, 199 statutory rows officer 8 cried NY, conan have been Bul ave qualified,Da Beda College of ay a Purpose: to prevent hiatus in js (supject tn Ant, 237 of REG). ee atfee REACHING THE AOE Limit Rotiremant: + Members of Judiciary: 74 years of ays + Other government officers and empiayess BS yanrsafage-7 + Oplional ratirement age aller eenth. 99 uf the minimum number of years of serv, RESIGNATION ~ the act of giving up er the oat 1 2 public officer by which he declines, his o'ticn and renounces the furtler righ to use it Te be valia, it must be in writing and accey fee) Accenting Authority for Resinnation. 1 Competent authorily provided by Inv, 2. Wiaw is tent and public affieet is yuininad, lerder to appoiniing tuthoriy, 3 Wlaw és silent and public olicer is alerted, lender to cfficer aushorizad by law te call on election to fil the vacancy a. President and Vico Prosi! Congress; b Members’ uf Goagress = fespective Chambers; ©. Govornorr, Vice ‘Sovornors’ Mayors art View Mayors of HUCS and’ Indeyendent component cits, Brosident, ©. Munitipal Mayors and Viea’ MayorslGaty Mayors and Vieq Mayors of vompo rent cities - Provinell Govarner; ¢. Sanggunian Membern— concerned; and {Elective Berangay Officials ~ Municipal or City Mayors Anggun Effective dote of raxignation: tho wale species In the fences; and Ifo auch date Is sprcitied, when the oublic atficer racaives notice of the acceptance .of his trslgnatiun, (Gimbnn v. CAG Ne l-28068 Sopteraber 30, 1931) Courtesy resignation: ~ cannot prope, te interpreted as a resignation inthe lego! sese for it is not necossarly 8 reflection ‘ot 0 public Offcial's wention to" surrender his position Rather, R' manifests his Bul-mission to tho wil of ‘he politcal authorly and the szpointinn power (Orie, COMELEG, No. LeTO9B7, June 20, 7983) RECALL - 9 mothod of removal ainployert Sirecly by the people themselves throug the ‘exercise of tholr suffragan +The procedure for recets has done away with the propsratory recall asnembly, which was Provided for unoer the original provisions of the Local Gevemmont Code of 190% (Republic Act No. 9244), fauawi ze REMOVAL — forcible nnd permanent separution ft tho incuirent fon otiee hefeeestie eaten OF AiR torn. (ing. Mutua Ne PR0000, Novembar 29, 1960) "y * Romévai ot Kika just cause of none complianen with) tke presrribed procedurs constitutes. ravePkibla arta, and en.liias the oftect of empt.yea to reinstatement wth back shiney we wihout loss. ef sonlorty fights. (Nacht. Rovlower in Palttul Lo, 2006 op, 472) ee AGANDONMENT ~ Voluntary Whan the penalty imposed carries with i Accessory penalty of — diaqualifeation, conviction by final Jedgmont, autemndlcaliy {erminates otfeiat rantionsnp, + While “a plenary pardon exiinguishes the uccessory penully of disquulifcation, .t wil Rot ‘restore’ the public office to. the officer convicted, He must given 0 new Sppointment to tre position. (Monsenlo v Fuclorun, G.I. No, 78239, Fobrumy 9, 1989 FILING OF A CERTIFICATE OF CANDIDACY Section 6U of thy - Ornnioys lection «Gort provides, that any, porson holding. @ pubic Luppointivé offic oF position, including active ‘Members of tho. Artnod Forcus of the ehiippiie and. officers und . employes in government: Gwe! cr conirolid corporations, shall_ be vonsidered ipsa facto resigned trom his office ‘upon the fling of hls certifcate of candidacy, (S00 also Constitutions! Commissions and Accountability of Publia Otieors on pages <3 and $8 respectively), — mean fH Meda College of Law TAN BEDA COLE GE OP LAW wo