Professional Documents
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Issued to an officer upon completion of all the conditions required for the position,
including the civil service eligibility.
Failure to comply with the conditions makes the officer a temporary appointee.
TERM AND TENURE
TERM
The fixed and definite period of time where a person can hold office
1.
2.
3.
4.
Removal can only be effected if there is due cause and due process
KINDS OF TERM:
1.
2.
3.
TENURE
The occupation is:
a.
b.
c.
d.
1.
2.
3.
Upon expiration of the tenure the rights and duties to the office ceases by
operation of law, unless authorised by law to hold-over.
2.
a.
b.
c.
It generally applies in cases where a person retires and continues working with
the office until a replacement is appointed.
d.
e.
f.
Qualified for the position assumes the taking of oath and entering into the
discharge of his duties after the appointment or election.
PROMOTIONAL APPOINTMENT
A move from one position to another which entails additional responsibilities, duties and
benefits.
1.
2.
3.
b.
moral character
c.
devotion to duty
d.
loyalty to service
4.
5.
REINSTATEMENT
1.
2.
3.
4.
b.
c.
TRANSFERS
This refers to movement from one position to another with the same rank and
salary, without break in the service.
APPOINTMENT OF NEXT IN RANK
As a general rule, the employee next in rank is given preference to fill the
position directly and immediately above him.
However, such rule is not mandatory and appointing officer continues to
discretion in making appointment under his power of selection.
retain
b.
2.
3.
4.
GOCC
1.
2.
3.
2.
UNLAWFUL APPOINTMENTS
2.
3.
QUO WARRANTO
An action to determine better rights over a position in public office
KINDS OF QUO WARRANTO:
1.
2.
Grounds must be :
a.
ineligibility, or
b.
disloyalty
2.
3.
b.
2.
3.
Must be filed within 1 year from date petitioner was ousted from office,
except in cases where the delay is caused by the acts of a
responsible
government officer and not the aggrieved party.
4.
5.
NOTES:
1.
Issues against the title to a public office may only be raised in a direct proceeding
by means of the special civil action of quo warranto.
2.
The Solicitor General, or his representatives may file for the action in behalf of
the Republic of the Philippines.
In case of their failure to file such action, Petition for Mandamus may be filed.
3.
b.
4.
b.
Recovery of cost
c.
VOID APPOINTMENTS
A void appointment :
a.
b.
2.
3.
APPOINTMENT OF A RETIREE
This rule applies compliance with the conditions in cases where appointee is:
1.
retiree, or
2.
CONDITIONS :
1.
2.
3.
DOUBLE APPOINTMENT
1.
Double appointments are not prohibited as long as positions are not incompatible
2.
DE JURE OFFICER
An officer or person having a lawful or legal right over the office
2.
DE FACTO OFFICER
An officer who has no legal right over an office
If he assumes office in good faith, he is entitled to the benefits and other
emoluments derived from the office.
SALARY OR COMPENSATION
The basic pay a person is entitled to as compensation
PER DIEM
The daily allowance given to a person or officer who works away from the
principal office
HONORARIUM
Given as a token or appreciation for services rendered
TERMINAL LEAVE PAY
Refers to the cash value of a retiree's accumulated leave pay.
3.
DE JURE OFFICER
There has been compliance with all the requisites of law.
An officer who is:
2.
1.
2.
DE FACTO OFFICER
An officer who has assumed the office under:
1.
2.
3.
A de facto officer is entitled to all the emoluments vested with the office for actual
services rendered.
2.
He is not required to reimburse funds disbursed during his term of office, except
if the officer continues to hold office after the proper appointment has been made
in favor of another person.
3.
4.
5.
2.
3.
4.
USURPER
A person or officer who usurps an office and performs official duties without any
right or authority. This is a void office.
COMPENSATION
SALARY
The pay or compensation as the base pay of the position held.
It is fixed by law or regulations
Does not include bonuses, per diem, allowances and overtime pay.
PER DIEM
Daily allowance given for each day to an officer who is away from his home base.
HONORARIUM
Something given in appreciation for services rendered, or
voluntary donation for services rendered (resource person, researcher, similar
projects)
REQUISITES FOR PAYMENT OF SALARIES:
1.
2.
3.
4.
GENERAL RULES
1.
A person is entitled to salary attached to the office only if he is holding the title
over such office.
2.
In cases where an elected official is ousted from office, he is entitled to all forms
of compensation attached to the office from date of assumption up to date of
ouster
3.
b.
c.
d.
2.
The salary of the President and Vice president is fixed by law and cannot be
reduced during their tenure.
They likewise cannot increase their compensation until the expiration of their
term
They are not allowed to receive any emolument from Government or other
sources while they remain in office.
3.
The salary of the following officers are fixed by law and it cannot be reduced
while they continue to assume their office.:
a.
b.
c.
4.
All elective and appointive officers cannot receive double compensation unless
specifically authorize by law
5.
All elective and appointed officers cannot receive any present, emoluments or
office from a foreign government without approval from Congress.
6.
DOUBLE COMPENSATION
1.
2.
3.
b.
c.
However, upon re-entry, benefits attached to the new position is computed
only at the time the person assumed the second position.
2.
3.
This commutative rule applies to appointed employees only, not elective officers.
2.
May be converted to leave credits and is given a cash value upon resignation or
retirement
3.
4.
a.
the office to which the position is attached has surplus or savings, and
b.
The basis for computing for the terminal leave pay is the highest salary received
while in the public service, regardless of length of service in such position.
RETIREMENT
CONDITIONS FOR RETIREMENT:
1.
2.
2.
3.
2.
4.
5.
COMPULSORY RETIREMENT
1.
65 years old
2.
56 years old
JUDICIARY
65 years old
COMPULSORY RETIREMENT:
1.
2.
b.
In cases where employee has reached age of 65 but has yet to complete the
required 15 years of service, the employee is allowed to extend his employment
to fulfill the requirement provided:
1.
2.
3.
Vacation leaves without pay (VL made in excess of allowed paid leaves) shall not
be counted under the Terminal Leave Pay Rule
4.
5.
The ruling case on the extension period allowed 91 year) is Rabor vs. CSC
(1995)
OTHER PRIVILEGES:
1.
2.
Legislative privileges
1.
2.
Congress is in session.
4.
in performance of functions
2.
3.
4.
2.
3.
2.
b.
c.
Public officials must not have any direct or indirect financial or material
interest in any transaction requiring the approval of their office
2.
They are not allowed to solicit or accept any gift, gratuity, favour loan or
anything of monetary value.
Nominal gifts, scholarships, and medical treatment are allowed.
Travels abroad are allowed provided permitted by office head.
3.
b.
4.
5.
Partisan politics
Covers regular employees and AFP employees only.
It does not cover employees holding political offices.
6.
Strike
Strikes, demonstration, mass leaves, walk-outs and other forms of mass
action resulting in temporary stoppage or disruption of work is not allowed.
Labor unions or organization is allowed for purposes of bargaining for
better terms and conditions of employment.
7.
3.
4.
2.
3.
Exception:
a.
Military secrets
b.
Diplomatic ssecrets
c.
CONSTITUTIONAL PROHIBITIONS
1.
2.
3.
The President, VP, Cabinet members and their assistants and deputies
cannot practice their profession or participate in any business.
4.
QUANTUM OF EVIDENCE
ADMINISTRATIVE CASES
SUBSTANTIAL EVIDENCE
PROOF BEYOND
REASONABLE DOUBT
1.
2.
2.
3.
TERMINATION OF TENURE
2.
RESIGNATION
1.
2.
Acceptance
3.
RETIREMENT
4.
RECALL
Based on grounds of loss of confidence
Recall is also exercised in elective positions through a peoples initiative.
5.
6.
ABANDONMENT
Absence without official leave
30 days without prior approval
Due process essential
7.
INCOMPATIBILITY
This refers to cases where a public officer accepts a position which is
incompatible with his earlier office.
An elective official cannot holdanother elective or appointive position
unless he vacates the old position.
8.
2.
3.
4.
9.
10.
IMPEACHMENT
Applies to Constitutional Commisasioners, VP, President, Chief Justice
and SC Justices
11.
DEATH
12.
13.
CONVICTION OF A CRIME
14.
ELECTION LAWS
BASIS OF LAW:
1.
RIGHT TO SUFFRAGE
Article 5, 1987 Constitution
1.
It may be exercised by :
a.
b.
c.
residency requirement:
1.
2.
2.
3.
4.
Sovereignty resides in the people and all powers emenates from them.
2.
This is the only venue where the people directly participates in the
governance of the country.
PURPOSE:
1.
2.
The people or citizens are given free will to choose their leaders.
2.
b.
3.
4.
Maudy Thrusday
b.
Good Friday
c.
PREMATURE CAMPAIGNING
A person is not deemed officially a candidate until the campaign period starts.
5.
Election laws are construed in favour of the voters. The will of the voters must
prevail over technicalities.
6.
ELECTION POSTPONEMENT
7.
8.
9.
1.
2.
3.
The cause for postponement must have existed BEFORE the actual
election.
FAILURE OF ELECTIONS
1.
The grounds to call for a failure of elections must occur during the election
date itself.
2.
b.
c.
the votes which was not yet cast will affect the results of the
elections.
POLITICAL SUBDIVISIONS:
1.
Cordillera Regions
2.
KINDS OF ELECTION
1.
REGULAR ELECTION
SPECIAL ELECTION
Purpose is to fill a vacancy
Examples
Recall elections
Plebiscite
Referendum
Sangguniang Kabataan Elections
a.
b.