Law on Pubtic Officers: SurveY of Casetaw

Atberto C. Agra Professor of Laws, Ateneo Law School

Public Office
.
Eternents of Pubtic office: Creation by law or by authority of law; Sovereign furrction; Defined poners and furrtiorn; Mormed independendy or under the control of a higtrer authority; Continuing and perrnanerrce (Compensation not an eternent)
2 kinds of duties of publig officers: duty owing to pubtic

(e.g. promutgation of rutes, not liable if rules declared void) and duty o\,'/ing to pfivate individuals (liable if speciat iniury on account bf malfeasance or mnfeasance)

Publlc Offlce
o Act witJr higttGt degree of excetterrce and professionatisn (tiabte if mt file case before
ctaim doubtful)
SSS

if

o lmmunity of pubtic officers for the misfeasance of their

subordinates is based on pubtic poticy; command responsibiti ty does mt aPPIY

Regular and probationary emptoyees have security of tenure; Temporary emptoyees and irntigibte appointees have rrc security of tenure

Classified as eitlmr career or non'career; Officers with fixed term arc rxrn-carer
,

Public Office
o Qualifications of Officers: rational connection behren office and qualifications; constitutonat and statutory o
De Jure Officer: ratid appointrnent; possesses all quatifications; has quatified to office; entitled to satary possession vyithout arry cotor of right

o Usurper: takes authority

or

De Facto Officer: acquiescence or

reputaton; not

comptied with precedent requirements; not possess alt qualifications; want of povBr on part of appointing authority; enabling taw lat6r declared urconstituuonal

Public Office
.
0{ficer wtro dirharges functions e\,n if not quatified is de facto officer; de facto when promotion voided sirrce emptoyee had a pending administ'ative case; de facto entitled to satary during period ol rrvice; After de jure officer is appointed, not entitled
appointee

o Nepotism applies wlthout regartl lo qualificaUons of

o Corporate secretary is a primarily confidentiat position; Driver and rank-and-file emptoyerx of PAGCOR not confidential emptoyees

Public Office
. .
.

lncompatible Office: Prohibited to hotd any other office or employment during the term; PCGG chair and CPLC A{uttiple PosiUons: Legal Officer nt Urban Setflement Office and at the sarne time menrber of Peopte,s Law Enforcenrent Board; a rnember ot'PNP atrc appointed chief judicial staff officer

r Forbidden

Office: Prohibited tc be appointed to any office created or emotu'ments thr:reof increased during term for which officer qlecGd

Appoi ntment/ Te?mi nation . Po\ rer to appoint is dirreUonary

o Designation is not an appointment; only imposition of
additionat functions

o Not att presidental appointments are subject to confirmation by Commission on Appointments; regular and ad interim, permanent or temporary/ ac6ng

. .

if atready dischar$ng duties year capacity; ban not apply to SC and in an acting for a Justices
No midnight appointment

An appoinunent not submitted to CSC for approval did not becorne effective

Appointment/ Termination
o Att public officers are prohibited from engaging in private practjce; canmt practice ttrir profession during incumbency and for 'l year before the office with which officer was connected

ResignaUon can be withdrqwn before acceptane; Courtesy resignation is vatid (must be voluntary); even resigned, can s6lt be held 6dministrativety tiable is

if

o Standard for reclassificatiqn

irrcumbents

official designation of

Appointment/ Termination
. .
ln a reassigmnent, tlere should be' no denntion; no reduction in rank, status or salaris
Crovernrnent empl.oyee apsent wiurout leave for at teast 30 days may be dropped form rolls without prior mtice

ard hearing

r No abandonment
the dufes

when official conUnued to dirharge

A public officer wtp vacates ttrer position and is replaced canmt ask for rei nstaternent

Appoi ntment/ Termri nation

o \hlid Abolition of Office: not bad faith when ERC retained some furrctom of ERB and has expanded furrfions; if same furrtions, abotition mt vatid

Removal of a govefoment emptolce fide reorganization is vqlid

as a resutt

of a bona

Threat of abolition of qffice if enployee does not resign a.ld misled into transfeJring which was not acted upon amounts to rermval

I
Compensation/ Benefits
o
Basis: No service = No pay

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o Authority: Benefits must be authorized by law or regutatiorx; approvat by qoard of Directors alone insufficient; no vested right if erroneous appticaUon of law; academic freedom mt grant of unbridled authqrity

o Douue Compensation: Ttpre

is douue compensat'on when NEA officiats designated as officials of etectric cooperatirres receive salaries from NEA and atto\,'rances from the electric cooperativ,es; emptoyees get separation pay and retirement benefits; a supplenrntary retirement ptan is prohibited under

Re6rementlaw

t7

Compensation/ Benefits
. . .
o
addition to per diems; Pub{ic officers entitled to per diem not enUtted to other fringe benefits
GOCC Directors cannot receive compensation in

System

of lncentives mt anatfiema to corrcept of

pnrblic

accountabitity
Representation and Transportation Allowance is distinct

from salary
Emptoyees affected by privatization and urere qualified

to retire by law are enUtfpd to retirement

Mits

Compensation/ Benefits
o Retirement benefits cannot be withheld to ansaer for liabitity to got/ernmenq before set-off can take place, empto),ee must admit indgbtedness to 8d\mrterit; m retirenrent benefits if nol actualty redred; exempted
from execution

Reallocation of position resulting in dorvngradirB of salary violativra of poticy of mn-diminufion of pay Crovemmert employees canmt gO on strike

Compensation/ Benefits
. Miry
tlpir
the appeal of a dccirioo, emptoyecs entitlcd to salaries

o Pr.6tic Officers r,rfid recefue compensadon in good faith canmt be ordered to reqtrn them

Civil Service Cofimission

. .
Enjoys fiscal autonomy (cannot impose condition to fund retease due to shortfatl in governmc.nt revenues)

ilust confirm appointnrent if appointee meets all the qualifications

o Appointing authority and appointees can appeal before the CSC; Governrnent employees questioning tlreir rernoval should file case with CSC, not courts

o Determination of terminat leaves

is a funcfion of CSC; duty to examine accounts relative to said benefit is shared with COA

Civil Service Comrnission

.
o
Covers all

civil service positions, career or non-career;

PCSO

Covers officers in Career Executive Service appointed by

the President; Those appointed by tlre

Gercrat

Manager and by Omhrdsman do not require career

service etigibitity; only plesidentkrl appointees are covered by career execqtive service and are required to possess career executiv$ service etigibility

o Pubtic

School Teachers: poard of Professional TeacJnrs

or CSC over Administratfve Cass for immoral, unprofessional or dishorpmble conduct; Ombudsman over Administrative Casg!

Civil Servle

'

r CSC has jr.risdicticn orcroffiordla-rar'tity

even

if under its

charter,'itbffi

. .

warer Dsmcts Derng GOCCs@l:rdffi lr*rt Corporatonsorganized utder crfrfr -_'-llr-*covered by Civit Service
A comptain

-''

initiated

against a

civil

sfYir*B

-:=

need not be subscribed and $/vorn to

Ombudsman
o
jurisdiction orrcr GOCCs created under Corporation Code or Special Law (taw not distirquish)
Has

.
r

vfater Distdcts are GOCCs; Their emptoyees may be charged with violation ofAnti'Graft Act jurisdiction over adqinistratirae cases against locat etectirre officiats
Has

r Has m jurisdiction
o
Ombr.rdsman has

over pfficers of RPN Charmel 9 sirrce (goverr{lFnt onty mimrity stlare) it is not a GOCC

concunqnt jurisdiction with the Presidential Anti-Graft Cpmmission to investigaG offenses

Ombudsman
o Omb,udsman has broad porvters to 'nforce its ount action; course imptenrentation of order through proper officer o Omtrudsman rrc autlprity to decide quesUom of comtihrtionatity; has authority to grnnt immunity in any
proceeding conducted by
E

it

o Ombudsman can impose, not just recomrnend, penatties in administrative cases; removal as penatty in
administrative cases

Congress has po/ver to grant additional poarers

to

Ombudsman

Ombudsman . Althor4h Special Prosecutor has rank of Deputy

Ombtdsman, SP mt necessarily have sarne pourcrs; Special Prosecutor canrot ptace an officer under preventive suspension

Mministradve offenrs {o rot prescribe; civil action for recoraery of itt-gotten ure.ilth imprescriptible; criminat actions prescribe; l -year-pan on administ aU\re investigaUon is directoryl resignation not warrant dismissat of administrativ.p case irnless forced to resign
Dismissal of criminal casg does not necessarily resu[t dismissal of administratiyp case; no douNe jeopardy

in

since different quantum qf evidence

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Dlsclpllnary Actlon
.
disciptinary Hcads of gorrcrnnrent offices have originat

iurisOictiin wtrlte

CSC has

appeltate lurisdiction

. .

to ProtecUon agaimt rernovat except for cause apolif (ConsUuUon piiU"tio*w u,,O permanent emptoyees
does not distirguish)

GrBrantee of security of tenure means emptoyee canrnt be disrnissed for causes other than those provlded by law and after due process; due pt'ocess extends to casual emploYees

Disclplinary Action
. .
The po^rer to discipline is not detegabte; no undue delegadon if confirmatory action of diriptining authority is required tttegatty dismissed emptoyee entided to back wages; ernploltee wtp was not completely exonerated mt entitled to back wages; maximum period of back wages is 5 years

l{o malice in disrnissal when employee took leave without seeing to it tha! appticaUon has been approved; no bad faith wten maygl disrnissed after CSC found emfloyee was not quatihed; there is bad faith when CSC approvat sought wtren qfoointment withdrawn

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lmpeachment
.
Ody the Prcsidcnt, Vice-Prerident, tlE rrmbers of the Sr.Prece Courtr the nlembers of ttre Consdtfionat Comrnissions atd the Ompudsnan are irpeachable offlcers (Deputy Ombudsman exctuded)
1-year ban: lnidatim of an impeacfurrcnt complaint meam the flllng of the complaint ard referral to the Conmlttee on Justice

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