Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
created? A: By:
1. The Constitution
2. Valid statutory enactments
3. Authority of law (Secretary of
Department of Transportation
and Communications v.
Mabalot, G.R. No. 138200, Feb.
27, 2002)
11
ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II UNIVERSITY OF S ANT
VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN
HENRY C. MENDOZA OT OMAS
Fa c u l t a d d e
9
VICE CHAIR FORAL
HAIRSFOR AYOUT AND DAND
DMINISTRATION ESIGNF:INANCE
EARL L:OUIE
JEANELLE
M. MC.
ASACAYAN &
THEENA C. MARTINEZ
UST GOLDEN NOTES 2011
covered by the Presidents power Commission of 2010, G.R. No. 192935,
of reorganization under the December 7, 2010)
Administrative Code and the
I. LAW ON
Presidents PUBLIC
power OFFICERS
of control. The
OSG likewise contends that Q: Is the creation of the PTC
a. GENERAL
Congress PRINCIPLESto the
has delegated justified by the Presidents power
President the power to create of control.
public offices by virtue of P.D.
1416, as amended by A: No, control is essentially the power
P.D. 1772. to alter or modify or nullify or set aside
what a subordinate officer had done in
Does the creation of the PTC fall the performance of his duties and to
within the ambit of the power to substitute the judgment of the former
reorganize as expressed in
with that of the latter. Clearly, the
Section 31 of the Revised
Administrative Code? power of control is entirely different
from the power to create public offices.
A: No. The provision refers to The former is inherent in the Executive,
reduction of personnel, consolidation while the latter finds basis from either a
of offices, or abolition thereof by valid delegation from Congress, or his
reason of economy or redundancy of inherent duty to faithfully execute the
functions. These point to situations laws. (Biraogo v. Philippine Truth
where a body or an office is already Commission of 2010, G.R. No. 192935,
existent but a modification or December 7, 2010)
alteration thereof has to be effected.
The creation of an office is nowhere Q: Can P.D. 1416 be used as
mentioned, much less envisioned in justification for the Presidents
said provision. To say that the PTC is power to create public offices,
particularly the PTC?
borne out of a restructuring of the
Office of the President under Section A: No, said decree is already stale,
31 is a misplaced supposition, even in anachronistic and inoperable. P.D. No.
the plainest meaning attributable to 1416 was a delegation to then President
the term restructurean alteration of Marcos of the authority to reorganize
an existing structure. Evidently, the the administrative structure of the
PTC was not part of the structure of national government including the
the Office of the President prior to the power to create offices and transfer
enactment of Executive Order No. 1. appropriations pursuant to one of the
(Biraogo v. Philippine Truth purposes of the decree
purpose (Jocom v.
Regalado, G.R. No.
77373, Aug. 22,
A: Ad interim appointment is a
permanent appointment. It is
permanent because it takes effect
immediately and can no longer be
withdrawn by the President once the
appointee qualified into office. The fact
that it is subject to confirmation by the
CA does not alter its permanent
character. (Matibag v. Benipayo, G.R.
No. 130657, Apr. 1, 2002).
d. ELIGIBILITY AND
QUALIFICATION
being legally fit or qualified to B.The President, Vice President, Members of the
be chosen. Cabinet, and their deputies or assistants, unless
otherwise allowed by the Constitution, shall not:
1. Directly or indirectly practice any other
2. Qualification This refers to the
profession;
act which a person, before
entering upon the performance
of his duties, is by law required
to do such as the taking, and
often, subscribing and filing of
an official oath, and, in some
cases, the giving of an official
bond. It may refer to:
a. Endowments, qualities or
attributes which make an
individual eligible for public
office, (e.g. citizenship); or
b. The act of entering into the
performance of the
functions of a public office,
(i.e. taking oath of office).
e. DISABILITIES AND
INHIBITIONS OF
A:
A.Members of Congress shall not:
1. Appear as counsel before any
court, electoral tribunal, or
quasijudicial and other
administrative bodies;
2. Shall not be interested in any
contract with, or in any
franchise, or special privilege
granted by the Government, or
any subdivision, agency or
instrumentality thereof,
including GOCCs, or its
subsidiary;
3. Shall not intervene in any
matter before any office of the
Government for his pecuniary
benefit or where he may be
called upon to act on account of
his office
2. Participate in any and his deputies during his
business, or be term.
financially interested
in any contract with Q: What is the rule against the
or in any franchise, or appointment of members of the
special privilege official family of the President?
granted by the
Government, or any
A: The spouses and relatives by
subdivision, agency th
consanguinity or affinity within the 4
or instrumentality
thereof, including civil degree of the President shall not be
GOCCs, or its appointed as members of the
subdivisions; shall Constitutional Commissions, Office of
avoid conflict of the Ombudsman, or as Secretaries,
interest in the Undersecretaries, chairmen or heads of
conduct of their office bureaus or offices, including GOCCs
and their subsidiaries during his
C.Members of the tenure.
Constitutional Commission (Sec. 13, Art. VII, Constitution)
shall not:
1. Hold any other office Q: As an exception to the rule
or employment or against holding 2 or more
engage in the positions, which public officers are
practice of any allowed by the Constitution to hold
profession or in the other positions in the Government?
active management
or control of any A: The VicePresident being appointed
business which in as a member of the Cabinet under
anyway may be
Section 3, par. (2), Article VII; or acting
affected by the
functions of his office; as President in those instances provided
2. Be financially under Section 7, pars. (2) and (3),
interested, directly or Article VII; and, the Secretary of Justice
indirectly, in any being exofficio member of the Judicial
contract with, or in and Bar Council by virtue of Section 8
any franchise, or
(1), Article VIII. Thus, the Supreme Court
special privilege
granted by the held in Civil Liberties Union v Executive
Government, or any Secretary (194 SCRA 317), that while all
subdivision, agencies other appointive officials in the Civil
or instrumentalities Service are allowed to hold other office
including GOCCs, or or employment in the government
their subsidiaries. during their tenure when such is allowed
These shall also apply
by law or by the primary functions of
to the Ombudsman
their positions, members of the
Cabinet, their
deputies and assistants may do so only issues and mention the names of the
when expressly authorized by the candidates they support.
Constitution itself.
Q: What kind of public officers may
Q: What are the other prohibitions engage in partisan political
imposed on public officers? activities?
A:
1. Gifts of nominal value received
a s souvenir or mark of
courtesy;
2. Scholarship or fellowship grant
or medical treatment;
3. Travel grants or expenses for
travel outside the Philippines
(Sec. 7(d), R.A. No. 6713)
A: GR: Yes.
XPNs:
1. Cannot appear as counsel in any
civil case where in a local
government unit or any office,
agency or instrumentality of the
Govt. is the adverse party;
2. Cannot appear as counsel in
any criminal case wherein an
officer or employee of the
national or local Govt. is
accused of an offense
committed in relation to his
office;
3. Shall not collect any fee for their
appearance in
administrative proceeding
involving the LGU of which he is
an official; and
4. May not use property and
personnel of the Govt., except
when defending the interest of
the Govt.
3. Doctors of medicine Q: What are the prohibitions under
may practice their RA 6713 or Code of Conduct and
profession even Ethical Standards for Public
during official hours Officials and Employees?
of work in cases of
emergency provided A: Prohibition against financial and
that they do not material interest Directly or indirectly
derive monetary having any financial or material interest
compensation in any transaction requiring the
therefrom.
approval of their office.
A:
MINISTERIAL
Public officer may
Discharge is do whichever way
imperative and it he wants provided
must be done by it is in accordance
the public officer with law and not
whimsical
Cannot be
Can be compelled by
compelled mandamus except
by when there is grave
mandamus abuse of discretion
Cannot be
Can be delegated
delegated unless otherwise
provided by law
A:
GR: No.
XPNs:
1. Otherwise provided by law;
2. Statutory liability under the
Civil Code
(Articles 27, 32, & 34);
3. Presence of bad faith, malice, or
negligence;
4. Liability on contracts entered
into in excess or without
authority;
5. Liability on tort if the public
officer acted beyond the limits
of authority and there is bad
faith (United States of America
v. Reyes, G.R. No. 79253, Mar.
1, 1993).
ministerial officers? A:
1. Nonfeasance Neglect to
perform an act which is the
officer's legal obligation to
perform.
2. Misfeasance The failure to
observe the proper degree of
care, skill, and diligence
A: This doctrine provides that 2. Oppression
a superior officer is liable for 3. Neglect of duty
the acts of his subordinate in 4. Misconduct
5. Disgraceful and immoral conduct
the following instances: 6. Discourtesy in the course of
1. He negligently or official duties
willfully employs or 7. Inefficiency and incompetence
retains unfit or in the performance of official
incompetent duties
subordinates; 8. Conviction of a crime involving
2. He negligently or moral turpitude
willfully fails to 9. Being notoriously undesirable
require his 10. Falsification of official documents
subordinates to 11. Habitual drunkenness
conform to prescribed 12. Gambling
regulations; 13. Refusal to perform official duty
3. He negligently or or render overtime service
carelessly oversees 14. Physical or mental incapacity
the business of the due to immoral or vicious
office as to give his habits
subordinates the 15. Willful refusal to pay just debts
opportunity for or willful failure to pay taxes
default;
4. He directed, Q: What is the concept of security of tenure?
cooperated, or
authorized the
A: It means that no officer or employee
wrongful act;
5. The law expressly in the civil service shall be suspended or
makes him liable. dismissed except for a cause provided
(Sec.3839, Chap. 9, by law and after due process or after he
Book I, E.O. No. 292, shall have been given the opportunity to
Administrative Code
defend himself.
of 1987)
Q. Is appeal available in
administrative disciplinary cases?
public office? A:
1. Created by law or by authority of law
2. Possess a delegation of a
portion of the sovereign powers
of government, to be exercised
for the benefit of the public
3. Powers conferred and duties
imposed must be defined,
directly or impliedly, by the
legislature or by legislative
authority
4. Duties must be performed
independently and without the
control of a superior power
other than the law, unless they
be those of an inferior or
subordinate office created or
authorized by the legislature,
and by it placed under the
general control of a superior
office or body; and
2. Age 1. Mental or physical incapacity
3. Residence 2. Misconduct or commission of a crime
4. Education 3. Impeachment
5. Suffrage 4. Removal or suspension from office
6. Civil service examination 5. Previous tenure of office
7. Ability to read and write 6. Consecutiveterms exceeding
8. Political affiliation as a rule, it the allowable number of terms
is not a qualification 7. Holding more than one office
XPN: in PartyList, (except ex officio)
Membership in the 8. Relationship with the appointing
Electoral Tribunal, power (nepotism)
9. Office newly created or the
Commission on emoluments of which have been
appointment increased (forbidden office)
10. Being an elective official (Flores
Q: When does the right of the v Drilon, G.R. No. 104732, June
public officer to enter in office 22, 1993)
perfected? 11. Losing candidate in the election
within 1 year following the date
A: Upon his oath of office, it is of election (prohibitions form
office not employment); and
deemed perfected. Only when the 12. Grounds provided for under the
public officer has satisfied this local government code.
prerequisite can his right to enter into
the position be considered complete.
Until then, he has none at all, and for 1. De Facto Officers
as long as he has not qualified, the
holdover officer is the rightful Q: What is the concept of a de jure
occupant. (Lecaroz v. Sandiganbayan, officer?
G.R. No. 130872, Mar. 25, 1999)
A: A de jure Officer is one who is in all
Q: What are the grounds for respects legally appointed or elected
disqualification to hold office? and qualified to exercise the office.
A:
Q: Who is a de facto officer? Note: Here, what is unconstitutional is not the act
creating the office, but the act by which the officer is
A: A de facto officer is one who appointed to an office legally existing. (Norton v.
County of Shelby, 118 U.S. 425)
assumed office under the color of a
known appointment or election but Q: What are the effects of the acts of de
which appointment or election is void facto
for reasons that the officer was not officers?
eligible, or that there was want of power
in the electing body, or that there was
some other defect or irregularity in its
exercise, wherein such ineligibility, want
of power, or defect being unknown to
the public.
facto officer? A:
1. Without a known appointment
or election, but under such
circumstances of reputation or
acquiescence as were
calculated to induce people,
without inquiry, to submit to or
invoke his action, supposing
him to the be the officer he
assumed to be; or
A:
1. AVE cannot collect salaries and
allowances from the
government for the first two
Q: What are the modes of officials, for maximum of 3 consecutive
terminating official relationships? terms in same position (Section 43,
A: LGC).
1. Expiration of term or tenure
2. Reaching the age limit for retirement
3. Resignation The term of office of Barangay and
4. Recall Sangguniang Kabataan elective officials,
5. Removal by virtue of R.A. No. 9164, is three (3)
6. Abandonment years.
7. Acceptance of an incompatible office
8. Abolition of office
9. Prescription of the right to office Q: What is the term limit of Barangay
10. Impeachment officials?
11. Death
12. Failure to assume office A: The term of office of barangay
13. Conviction of a crime officials was fixed at three years under
14. Filing for a certificate of candidacy R.A. No. 9164 (19 March 2002). Further,
Sec.43 (b) provides that "no local
Q. What is the term of office of an
elected local official? elective official shall serve for more
than three (3) consecutive terms in the
A: Three (3) years starting from noon same position. The Court interpreted
of June 30 following the election or this section referring to all local
such date as may be provided by law, elective officials without exclusions
except that of elective barangay or
exceptions. (COMELEC v. Cruz, G.R. No.
186616, 19 Nov. 2009) A: Yes, because although he has already first
served as mayor by succession and subsequently
Q: What are the policies embodied resigned from office before the full term expired,
in the constitutional provision
he has not actually served three full terms in all for
barring elective local officials, with
the exception of barangay officials, the purpose of applying the term limit. Under Art.
from serving more than three X, Sec. 8, voluntary renunciation of the office is
consecutive terms? not considered as an interruption in the continuity
of his service for the full term only if the term is
A: To prevent the establishment of one for which he was elected. Since A is only
political dynasties is not the only policy completing the service of the term for which the
embodied in the constitutional provision deceased and not he was elected, A
in question (barring elective local
officials, with the exception of barangay
officials, from serving more than three
consecutive terms). The other policy is
that of enhancing the freedom of choice
of the people. To consider, therefore,
only stay in office regardless of how the
official concerned came to that office
whether by election or by succession by
operation of law would be to disregard
one of the purposes of the constitutional
provision in question. (Borja, Jr. v.
COMELEC, G.R. No. 133495, Sept. 3,
1998)
Q: What is removal?
Q: What is recall?
on recall? A:
1. An elective official can be
subjected to recall only once
2. No recall shall take place within
one (1) year from the
assumption of office or one year
immediately preceding a regular
local election.
(Section 74 (b) of Republic Act
No. 7160)
Q: Does the acceptance of 4. Must not be contrary to law.
an incompatible office
pertain to its physical Q: What is the prescriptive period
impossibility or its for petitions for reinstatement or
nature? recovery of public office?
service made? A:
1. Competitive positions
according to
merit and fitness to be
determined by competitive
examinations, as far as
practicable.
2. Noncompetitive positions no
need for competitive
examinations.
It has 3
kinds:
a. Policydetermining tasked
to formulate a method of
action for the government
or any of its subdivisions.
b. Primarily confidential
duties are not merely
clerical but devolve upon
the head of an office, which,
by reason of his numerous
duties, delegates his duties
to others, the performance
of which requires skill,
judgment, trust and
confidence.
c. Highly technical requires
technical skill or training in
the highest degree
3. Appointive officials:
GR: cannot hold any other office
or agency, instrumentality,
including GOCCs and their
subsidiaries
XPN: unless otherwise allowed
by law, or by the primary
functions of his position.
A:
GR: They cannot receive:
1. Additional compensation an
extra reward given for the same
office e.g. bonus
2. Double compensation when an
officer is given 2 sets of
compensation for 2 different
offices held concurrently by 1
officer.
3. Indirect compensation
A:
1. Initiating impeachment case
A:
1. The House of Representatives
shall have the exclusive power
to initiate all cases of
impeachment.
2. Not more than one
impeachment proceeding shall
be initiated against the same
official within a period of one
year.
A: No, In Almonte v. Vasquez, G.R. No. 3. Are inconsistent with the general course
95367 May 23, 1995, the Court said that of an agency's functions, though in
where the claim of confidentiality does accordance with law;
4. Proceed from a mistake of law or an
not rest in the need to protect military, arbitrary ascertainment of facts;
diplomatic or the national security 5. Are in the exercise of discretionary powers
secrets but on general public interest in but for an improper purpose; or
preserving confidentiality, the courts 6. Are otherwise irregular, immoral or devoid
have declined to find in the Constitution of justification
an absolute privilege even for the
In the exercise of its duties, the Ombudsman is
President. (Bernas Primer, Primer, (2006
given full administrative disciplinary authority. His
ed.)
power is not limited merely to
receiving,
Moreover, even in cases where matters
are really confidential, inspection can be
done in camera.
3. Sandiganbayan
Q: What are the requisites that A: It shall be determined by the
must concur in order that a case allegations in the information specifically
may fall under the exclusive on whether or not the acts complained of
jurisdiction of the Sandiganbayan:
A: were committed in relation to the official
1. The offense committed is a functions of the accused. It is required
violation of RA 1379, Chapter II, that the charge be set forth with
Section , Title VII, Book II of the particularity as will reasonably indicate
Revised Penal Code, Executive that the exact offense which the accused
Orders Nos. 1, 2 14 and 14A,
issued in 1986, or other is alleged to have committed is one in
offenses or felonies whether relation to his office. (Lacson v. Executive
simple or complexed with other SecretaryG.R. No. 128096 January 20,
crimes 1999)
2. The offender committing the
offenses (violating RA 3019, RA
Note: In Binay v. Sandiganbayan, G.R. Nos.
1379, the RPC provisions, and
120681 83, October 1, 1999, the Supreme
other offenses, is a public Court discussed the ramifications of Section
official or employee holding any 7, RA 8249, as follows:
of the positions enumerated in
par. A, Section 4, RA 8249
3. The offense committed is in
relation to the office. (Lacson v.
Executive Secretary, G.R. No.
128096 January 20, 1999)
1. Through Misappropriation,
conversion, misuse, or
malversation of public funds or
raids on the public treasury
2. By Receiving, directly or
indirectly, any commission, gift,
share, percentage, kickbacks or
any other form of pecuniary
benefit from any person and/or
entity in connection with any
government contract or project
or by reason of the office or
position of the public officer
concerned
4. By Obtaining, receiving or
accepting directly or indirectly
any shares of stock, equity or
any other form of interest or
participation including promise
of future employment in any
business enterprise or
undertaking
5. By establishing agricultural,
industrial or commercial
Monopolies or other
combinations and/or
implementation of decrees and
Q: Can illgotten wealth (P50,000,000.00) shall be guilty of the
be characterized by a crime of plunder. (Sec. 2 of RA 7659)
4. IllGotten Wealthseries of events that
would make a public
officer liable? Q: Can prosecution for the recovery
of illgotten wealth be barred by
prescription, laches and estoppel?
A: Yes, in cases of plunder,
any public officer who, by
A: Yes. The provision found in Section
himself or in connivance with 15, Article XI of the 1987 Constitution
members of his family, that "the right of the State to recover
relatives by affinity or properties unlawfully acquired by public
consanguinity, business officials or employees, from them or
from their nominees or transferees,
associates, subordinates or
shall not be barred by prescription,
other persons, amasses, laches or estoppels," has already been
accumulates or acquires ill settled in Presidential Ad Hoc Fact
gotten wealth through a Finding Committee on Behest Loans v.
combination or series of overt Desierto. G.R. No. 130140, where the
Court held that the above cited
or criminal acts as described
constitutional provision "applies only to
in Section 1 (d) of RA 7659, in civil actions for recovery of illgotten
the aggregate amount or wealth, and not to criminal cases.
total value of at least fifty (Presidential Ad Hoc Fact Finding
million pesos Committee On Behest Loans v. Desierto,
G.R. No. 135715, April 13, 2011)