CHAPTER EIGHT

TERMINATION OF OFFICIAL RELATIONS

A. Specifically
Modes of termination of official relations
The authority and duties imposed by the office may be terminated by any of the following ways:
1. expiration of the term of tenure of office
2. Reaching the age limit
3. Death or permanent disability
4. Resignation
5. Acceptance of incompatible office
6. Abandonment of office
7. Prescription of right to office
8. Removal
9. Impeachment
10. Abolition of office
11. Conviction of a crime
12. Recall
B. Natural Causes
By expiration of term of office- unless he is authorized by law to hold over, his rights, duties
and authority as a public officer must ipso facto cease.
term- when used in reference to the tenure of office, means ordinarily a fixed and definite time
prescribed by law or the Constitution by which an officer may hold an office.
expiration of tenure - is the right of the occupant himself to hold the office which is terminated.
Removal and Expiration of term Distinguished

1. Where term of office not fixed by law and incumbent is relieved by appointing authority, legal effect
is the same as if term has been fixed by Congress itself.
2. where appointment is for a definite and renewable perios, non-renewable thereof does not involve
dismissal but an expiration of term.
Term and tenure distinguished
Term means the time during which the officer may clai to hold office as of right and fixes the interval
after which several incumbents shall succeed one another.
Tenure represents the period during which the incumbent actually holds the office.

Commencement of terms of office

1. date for commencement is fixed for some appreciable period after the election or appointment.
2. When there is no time fixed, term wil generally begin on the date of election, in case of elective
officers, and the date of the appointment where the officer is appointed.
3. Where the term runs from acertain date, the day of the date is excluded in the computation.
Power of Congress to fix, shorten, or lengthen term
1. Where term fixed by the Constitution- it is beyond the power of Congress to affect the tenure of such
Constitutional Office.
2. Where term not fixed by the Constitution- Congress may fix the terms of officers other than those
provided for in the Constitution.
Holding over after expiration of term
1. Where holding over provided by law- the office does not become vacant upon the expiration of the
term if there is then no successor elected and qualified to assume it but the present incumbent will hold
office until his successor is elected and qualified, even though it be beyond the term fixed by law.
2. Where holding over not provided by law- unless such holding over be expressly or impliedly
prohibited, incumbent may continue to hold unti someone else is elected ans qualifies to assume office.
3. Where Constitution limits term- holding over is not permitted
4. Application of hold-over provision-provision for holding-over applies only where a fixed term is
annexed to an office.
5. Purpose of hold-over provision- is to prevent a hiatus in the government pending the time when a
successor may be chosen and inducted into office.
6. Status of hold-over officer- is a de jure officer if his holding over is authorized by law; otherwise he

is a de facto officer.
Office Created for the Accomplishment of a Specific Act
Where an office is created, or an officer is appointed for performing a single act or
accomplishment of a result,, the office terminates and officer's authority ceases with the
accomplishment of the purpose which called it into being.
By Reaching of Age Limit
This mode of terminating official realtions results in the compulsory and automatic retirement
of a public officer.
By death or permanent Disability
The death of incumbent of an office necessarily rendersthe office vacant.
Permanent disability covers both physical or mental disability.

C. Acts or Neglect of Officer

By Resignation
A resignation by definition is the formal renunciation or reliquishment of a public office. It
implies an expression by the incumbent in some form, express or implied, of the intention to surrender,
renounce, and reliquish his right to the office and its acceptance by competent and lawful authority.
Forms of resignation
1) Where by law a resignation is required to be made in any particular form, that form
must be substantially complied with.
2) Where no such form is prescribed, no particular mode is required, but the resignation
may be made by any method indicative of the purpose. It need not be in writing unless
so required by law. It may be oral or implied by conduct.
What constitutes resignation
1) To constitute resignation of public office, there must be a) an intention to relinquish a
part of the term b)accompanied by the voluntary act of relinquishment, and c) an
acceptance by the proper authority.
2) A resignation implies an expression of the incumbent in some form, express or
implied, of the intention to surrender, renounce, and relinquish the office his/her
accompanied by the act of reliquishment.
3) As the intent to reliquish must concur with the overt act of reliquishment, the acts of
the employee before or after the alleged resignation must be considered in determining
whether he or she, in fact intended to severe his or her employment.
a) A written resignation, delivered to the board to the board or officer authorized
to receive it and fill the vacancy thereby created, is prima facie, but not

conclusive evidence of the intention to relinquish the office. Such resignation

must be signed by the party tendering it.
b) By applying for and receiving retirement benefits, one may be deemed to have
irrevocably resigned from the government service.
c) A voluntary resignation is difficuly to reconcile with the filing of a complaint
for illegal dismissal.
To whom resignation tendered.
The official with whom a resignation of a public office must be filed may be designated
by statute. In the absence of a statutory direction, a public officer should tender to the officer or
body having authority to appoint his successor or to call an election to fill the office.
Necessity of acceptance of resignation.
1) Abandonment unlawful before acceptance.
2) Resignation revocable before acceptance.

Form of acceptance
The acceptance of the resgnation may be manifested either by a formal declaration or by
the appointment of a successor. So where the written resignation of the officer, intended to
operate as such, was duly written in the proper office without objection, and was endorsed as his
resignation, it was held that this was a sufficient accaptance, if any was required.
\

Withdrawal of resignation.
An immediately effective resignation may be withdrawn before it is acted upon, but not
after acceptance. It has also been held that the resignation of aan officer, effective at a future
date, may not be withdrawn after the resignation has been accepted. Accordingly, a public
employee is entitled to withdraw a prospective resignation if the employee dies so before its
effective date, before it has been acepted, and before the appointing power acts in reliance on
the resignation.
Repudiation of resignation.
1) A resignation is not effective although a successor has already been appointed to take the
place of the first incumbent if said resignation has been transmitted wihtout the officer's
consent;
2) The resignation of a public officer procured by fraud or by duress is voidalble and may be
repudiated; and
3) A resignation given as an alternative to have charges filed against the public officer may be
repudiated, for said resignation cannot be accepted as having given by the officer voluntarily
and willingly.
Effect of duress or coercion.

A resignation by an officer charged with misconduct is not given under duress or

coercion, though the appropriate authority has already determined that the officer's alternative is
termination, where wsuch authority has the legal authority to terminate the officer's employment
under the particular circumstances, since it is not duress to threaten to do what one has the legal
right to do, or to threaten to take any measure authorized by law and the circumstancesof the
case.
By acceptance of an incompatible or prohibited office.
1) It is contrary to the policy of the law that the same individual should udnertake to perform
inconsistent and incompatible duties. He who, while occupying one office, accepts another
incompatible with the first, ipso facto, absoulutely vacates the first office.
2) If the law or Constitution as an expression of punlic policy forbids the acceptance by a public
officer of any office other thatn that which he holds, it is not a case of incompatibility but of
legal or constitutional prohbition.
When offices incompatible with each other.
Incompatibility is to be found in the character of the officers and their relation to each
other, in the subordination of the functions and duties which attah to them. It exists where:
1) There is conflict in suh duties and functions, so that the performance of the duties of one
interferes with the performance of the duties of the other, as to render it improper from
consideration of public policy for one person to retain both; and
2) One is subordinate to the other and is subject in some degree to its supervisory power for
obviously in such a situation where both positions are held by the same person, the design that
one ats as a heck on the other would be frustrated; or
3) The Constitution or the law itself, for reasons of public policy, declares the incompatibility
even there is no inconsistency in the nature and functions of the office. Incompatibility of
offices or positions requires the involvement of two government offices or positions which are
held by on individual;
Exceptions to the rule on holding incompatible offices.
1) Where the officer cannot vacate the first office by his own act, upon the principle that he will
not be permitted to, thus, do indirectly what he could not do indirectly, as where the law
requires the approval of the provincial board before a municipal official can resign.
2) Where the first office is held under a different government from that which conferred the
second;
3) Where the officer is expreslly auhtorized by law to accept another office; and
4) Where the second office is temporary.

By abandonment of office.

Meaning of abandonment.
Abandonment in law, means a voluntary reliquishment of an office by the holder of all
right, title or claim thereto without valid or justifiable reason with the intention of not r
eclaiming it, or terminating hs possession and control thereof.
When there is abandonment of office.
A public office is not deemed property but like any other right or property it may be
abandoned.
1) Clear intention to abandon office.
2)Acceptance of another office.
3) Concurrence of overt acts and intention.
4) Failure to discharge duties of office, or to claim or resume it.
5)Acquiescence by the officer.
By prescription of right to office.
A person who claims a right to a public office occupied by another may bring an actio n
determine by what authority the latter assumes to hold and exercise the office in question and
ascertain who is entitled to it.
1) Prescriptive period for filing petition for quo warranto. - Under the Rules of Court, the
proceeding of quo warranto is the proper and appropriate remedy against public officer or employee
for his ouster from office which should be commenced within one year after the cause of such ouster
or the right of the plaintiff to hold such position arose.
2) Rationale for the one-year period- The rationale is that title to public office should not be
subjected to uncertainties but should be determined as speedily as possible. Conseuently, the period
runs even when there is no person as yet appointed to succeed in the position and even during
the
pendency of a motion for reconsideration in the administrative level/
3) Non-compliance of prescriptive period- Exceptional circumstances attending, however, may
justify the non-application of the prescriptive period enunciated above in order to grant relief that will
serve rhe ends of justice. Thus, failure to file quo warranto proceedinds does not operate adverselt
against a dismissed government employe where it was the repeated assurance of responsible
government officials which contributed to the delay on the filing of the complaint for reinstatement.
D. ACTS OF THE GOVERNMENT R THE PEOPLE
Removal entails the ouster of an incumbent before the expiration of his term. It impies that the office
exists after the ouster. Anoter term used is dismissal
What constitutes removal:
1. appointment to another office
2. transfer to another office

3. Demotion- the lowering of position with a lower rate of compensation is also equivalent to removal
if no cause is shown for it when it is not a part of any disciplinary action. It is defined as the mvement
from one position to another involving the issuance of an appointment with diminution in duties,
responsibilities, status or rannk which may or may not involve reduction in salary.
4. Reassignment- a reassignment in good faith and in the interest of the serive is permissible and valid
even with the employee's prior consent. It is defined as the movement of an employee frm organization
unit to another in the department or agency which does not involve a reduction in rank, status or salary
and does not require the issuance of an appointment.
5. Constructive removal or dismissal is defined as a quitting because continued employment is
rendered impossible, unreasonable or unlikely, as when there is demotion in rank or of pay. It exists
when an act of clear discrimination, insensibility or disdain by an employer or superior becomes
unbearable to the empoyee, leaving him with no option but to forego his continued employment.
Hence, the employee is deemed to have been illiegally dismissed. This may occur although there is no
diminution or deduction of salary. It may be a transfer from one position of dignity to a more servile or
menial job.
Power of removal of the President.
The Constitution contains no provision expressly vesting in the President the power to remove
exsecutive officials from their posts. Nevertheless, the power is possessed by him, as it is implied
from any of the following:
1. from his power to appoint
2. from the nature of the executive power exercised by the President, the power to remove being
executive in nature
3. from the President's duty to execute the laws
4. from the President's control of all departments, bureaus and offices
5. from the provision that no officer or employee in the Civil Cservice shall be removed or
suspended except for cause provided by law.
Extent of the President's power of removal.
1. With respect to non-career officers exercising purely executive functions whose tenure is not
fixed by law (i.e. members of the Cabinet), the President may remove them with or without
cause and Confress may not restrict such power.
2. With respect to officers exercising quasi-legislative or quasi-judicial functions.
3. With respect to constitutional officers removable only by means of impeachment and judges of
lower courts, they are not subject to the removal poewr of the President.
4. With respect to civil service officers, the Peresident may remove them only for cause as
provided by law
5. With respect to any officer or employee holding temporary, provisional or acting appointments,
the Presidnet may remove them at his pleasure with or without cause.
6. With respect ot officers holding public offices created by aw where i9t is provided that they
shall hold office at the pleasure of the President their replacement is not a removal but a mere
expiration of the terms of office; but with respect to officers holding public offices crfeated by
aw which authorizes the President to remove officers at pleasure, the President may remove
them only for cause if they belong to the civil serviced in view of the requirement of the
Constitution
7. With respect to those whose appointments were made on bases other than those of the usua test
of merit and fitness utilized for the career sedrvice, their tenure is co-terminous with that of the

appointing authority or subject to his peasure.

8. With respect to local elective officials, see infra
Grounds for remova or suspension under the Constitution
1. Member opf Congress each house may punish its members for disorderly behavior and with
the concuerrence of 2/3 of all its members, suspend or expel a memb er. A penalty of
suspension, when imposed,k shall not exceed 60 days.
2. The President, the Vice-President, the Members of the Supreme Court, the members of the
Constitutional Commissions, and the Ombudsman- they may be removed from office, on
impeachment for and conviction of, culpabe violation of the Constitution, trason, bribery, graft
and corruption, other high crimes, or betrayal of public trust.
3. Member of the judiciary-they shall hold office during good behavior until they reach the age of
70 years or become incapacitatied to disscharge the duties of their office.
4. Civil service officers or employees-they shall not be removed or suspended except for cause
provided by law.
Grounds for disciplinary action under the Local Government Code.
1.
2.
3.
4.
5.
6.
7.
8.

Disloyalty to the Republic of the philippines

Culpable violation of the Constitution
Dishonesty, oppression, misconduct in office and neglect of duty
Commission of any offense involving moral turpitude or an offense punishabe by at oeast
prision mayor.
Abuse of authority
Unauthorized absence for fifteen (15) consecutive working days except in the case of members
of the sangguniang panlalawigan, sangguniang panglunsod, sangguniang bayan, and
sangguniang barangay, and
Applicaion for, or acquisition of, foreign citizenship or residence or the status of an immigrant
of another country
Such other ground as may be provided in the Codse and other laws.

Grounds for disciplinary action under the Civil Service Law

1.
2.
3.
4.
5.
6.
7.
8.
9.

Dishonesty
Oppression
Negect of duty
Misconduct
Disgraceful and immoral conduct
Being notoriousy undesirabe
Discourtesy in the course of official duties
Inefficiency and incompetence in the performance of official duties
Receiving for personal use a fee, figt or other valuable thing in the course of officia duties or in
connection therewith when such is given by any person in the hope or expectation of receiving a
favor or better treatment than that accorded other persons, or committing acts punishable under
the anti-raf laws
10. Conviction of a crime involving moral turpitude
11. Improper or unauthorized solicitation of contribution from subordinate employees and by
teachers or schoo officials from school children

12. Violation of existing Civil Service Law and rules or reasonable office reguations
13. Falsification of official documents
14. Frequent unauthorized absences or tardiness in reporting for duty, oafing or frequent
unauthorized absences from duty during regular office hours.
15. Habitual drunkenness
16. Gambling prohibited by aw
17. Refusal to perform official duty or render overtime service
18. Disgrace, immoral or dishonest conduct prior to entering the service
19. Physical or mental incapacity or disability due to immoral or vicious havits
20. Borrowing money by superior officers from subordinates or lending by subordinates to superior
officers
21. Lending money at usurious rates of interest
22. Willful failure to pay just debts or willful failure to pay taxes due to the government
23. Contracting loans of money or other property from persons with whom the office of the
empoyee concerned has business relations
24. Pursuit of private business, vocation or profession without the permission required by Civil
Service rules and regulations
25. Insubordination
26. Engaging, directly or indirectly, in partisn political activities by one holding non-political office
27. Conduct prejudicial to the best interest of the service
28. obbying for personal interest or gain in legislative halls and offices without authority
29. Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable
or public welfare purposes and even in the latter cases if there is no prior authoreity
30. Nepotism
Nepotism.
The Civi Service Decree prohibits all appointments in the national and local governments or any
branch or instrumentality thereof, including government-owned or controlled corporations, made in
favor of a relative of the:
1.
2.
3.
4.

appointing authority
recommending authority
chief o fthe bureau or office
person exercising immediate supervision over the appointtee

The following are exempted from the operation of the rule of nepotism:
1.
2.
3.
4.

persons employed in a confidential capacity

teachers
physicians
member of the Armed Forces of the Philippines

Grounds for disciplinary action under the Code of Conduct and Ethical Standards
1. Directly or indirectly having financial and material interest in any transaction requiring the
approva of his office
2. owning,controlling, managing or acepting employment as officer, employee, consutant, counsel,
broer, agent, trustee, or nominee in any private enterprise reguated, supervised or licenses by his

office, unless expressly allowed by law

3. engaging in the private practice of his profession unless authorized by the Constitution, law or
regulation, provided that such practice will not conflict or tend to conflict with his official
functions
4. recommending any person to any position in a private enterprise which has a regular or pending
officia transaction with hi \s office, uness such recommendation or referral is mandated by :
a. law
b. international agreements,
c. commitment and obligation
5. disclosing or misusing confidential or classifed information officially known to him by reason
of his office and not made available to the public, to further his private interests or give
advantage to anyone, or to prejudice the public interest
6. soliciting or accpeting, directly or indirectly, any gift, gratuity, favor, entertainment, oan or
anything of monetary value which in the course of his official duties or in conneciton with any
peration being regulated by or any transaction which may be affected by the functions of his
office
7. obtaining or using any statement filed under the Code for any purpose contrary to morals or
public policy or any commercial purpose other than by news and communications media for
dissemination to the general public
8. unfair discrimination in rendering public service due to party affiliation or preference
9. disloyalty to the Republic of the Philippines and to the Filipino peope
10. failure to act promptly on letters and request within fifteen (15) days from receipt, except as
otherwise provided in the Implementing Rules
11. failure to process documents and compete action on documents and papers within a reasonable
time from preparation thereof, except as otherwise provided in the Implementing Rues
12. failure to attend to anyone who wants to avail himself of the services of the office or to act
promptly and expeditiously on public personal transactions
13. failure to file swon statements of assets, iabilities and net worth, and disclosure of business
interests and financia connections
14. failure to resign from his position in the private business enterprise with thirty (30) days from
assumption of public office when conflict of interest arises, and/or failure to divest himself of
his shareholding or interests in private business enterprise within sixty (60) days from such
assumption of public office when conflict of interest arises.
Administraative investigation of elective local officials
1. Form and filinf of adminsitrative compaints . A verified complaint against local elective
officials shall be prepared as follows:
a. a complaint against any elective official of a province, a highly urbanized city, an independent
component city, or composnent city shall be filed before the Office of the President
b. a complaint against any elective offcial of municipality shall be filed before the Sangguniang
Panlalawigan whose decision may be appealed to the Office fo the President
c. a compaint against any elective barangay official shall be fied before the Sangguniang Panlungsod or
sangguniang bayan ocncxerned whose decision sha be final and executory
2. Notice of hearing
3. Preventive suspension- it may be imposed:
a. by the President, if the respondent is an elective officia of a province, a highy urbanized city or an
independent component city
b. by the governor, if the respondent is an elective official of a compnenet city or municipality

c. by the mayor, if the respondent is an elective official of the barangay

4. Salary of the respondent pending suspension
5. rights of respondent
6. form and notice of decision
7. administrative appeals decisions in admin cases may within thirty (30) days fromreceipt
thereof, be appealed to the following:
a. sangguniang panlalawigan, in the case of decisions of the sanguniang panlungsod of component
cities and the sanggunniang bayan
b. the Office of the President in the case of decisions of the sangguniang panlalawigan and the
sangguniang panlungsod of highly urbanized cities and independent component cities
8. execution pending appeal
The provisions of AO 23 are given below:
1. how initiated
2. where complaint filed
A copy of the complaint shall be furnished to each of the folowing:
a. the office of the Godrnor in the case of component cities
b. the Metropolitan Manila Authority in the case of cities and municipalities in Metro Manila
c. the DILG in all cases
3. Notice
4. Where anser fied
A copy of the answer shal be furnished to each of the following:
a. the complainant
b. the office of the Governor in the case of component cities
c. The Metroploitan Manila Authority in the case of cities and m,unicipalities in Metropolitan Manila
d. DILG in all cases
5. commencement of preliminary investigation
6. evaluation
7. dismissal motu proprio
8. 90-day ban
9. power to suspend- preventive suspension may be imposed by the Disciplining Authority in
cases where the repsondent is an elective officials of the folowing LGUs:
a. provinces
b. highly urbanized cities
c. independent component cities
d. cities or municipalities in Metropolitan Manila
10. 90-day ban
11. Grounds
12. Duration
13. automatic reinstatement
14. salary of respondent pending suspension
15. formal investigation
16. termination of final investigation
17. rendition of decision
18. finality of decision
19. execution pending appeal
20. penalty
21. sus[ension
22. removal

23. executive clemency

Disciplinary action against appointive local officials and employees.

1) Administrative discipline Investigation and adjudication of administrative complaints against
apoointive local officials and employees as well as their suspension and removal shall be in accordance
with the civil service law and rules and other pertinent laws. The results of such administrative
investigations shall be reported to the Civil Service Commission.
2) Preventive Suspension.
(a) The local chief executives may preventively uspend for a period not exceeding sixty (60)
days any subordinate official or employee under his authority pending investigation if the
charge against such official or employee involves dishonesty, oppression or grave misconduct or
neglect in the oerfrmance of duty, or if there is reason to believe that the respondent is guilty of
the charges which would warrant his removal from the service.
(b) Upon expiration of the preventive suspension, the suspended official or employee shall be
automatically reinstated in office without prejudice to the continuation of the adminstrative
proceedings against him until its termination. If the delay in the proceedings of the case is due
to the fault, neglect or request of the respondent, the time of the delat shall not be counted
in computing the period of suspension herein provided.
3) Administrative investigation In any local government unit, adminstrative investigation may be
conducted by a person or committee duly authorized byb the local chief executive. Said person or
committee shall conduct hearings on the cases brought against appointive local offiials and employees
and submit their findings and recommendations to the local chief executive concerned within
fifteen(15) days from the conclusion fo the hearings. The administrative cases herein mentioned shall
be decided within ninety (90) days from thr time the respondent is formally notified of the charges.
4) Disciplinary jurisdiction Except as otherwise provided by law, the local chief executive may
impose the penalty of removal from service, demotion in rank, suspension for not more thatn one (1)
year without any pay, fine in an amount not exceeding six (6) months' salary, or reprimand and
otherwise discipline subordinate officials and employees under his jurisdiction.
5) Execution pending appeal An appeal shall not prevent the execution of a decision of removal or
suspension of a respondent-appellant. In case the respondent-appellant is exonerated, he shall be
reinstated to his position with all the rights and privileges appurtenant thereto from the time he had
been dprived thereof.
Disciplinary jurisdiction of the Civil Service Commission.
1) Scope- The Civil Service Commission has jurisdiction over all employees of Government branches,
subdivisions, instrumentalities, and agenciesm including government owned or controlled corporations
with original charters. As the Commission on Elections is the sole judge of call election cases and the
Commission on Audit, with respect to government accounts, the Civl Service Commission is the single
arbiter of all controversies pertaining to ivil service positions in the governement service, whether
career or non-career.

2) Appellate jurisdiction over administrative disciplinary cases The CSC shall decide upon appeal
all administrative disciiplinary cases involving the imposition of a penalty of suspension for more than
thirty (30) dats, or fine in an amount exceeding thirty (30) days' salary, demotion in rank or salary or
transfer, removal or dismissal from office.
3) Jurisdiction of heads of departments, agencies and instrumentalities. - The heads of
departments, agenies and instrumentalities, provinces, cities and municipalities shall have jurisdiction
to investigate and decide matters involving disciplinary action against officers and employees under
their jurisdiction.
4) Investigation by a regional director or similar official An investigation may be entrusted to a
regional director or similar officials who shall make the necessary report and recommendation to the
chief or bureau or office or department within the priod.
5)Execution of decision pending appeal - An appeal shall not stop the decision from being executory
nd in case the penalty is suspension or removal the respondent shall be considereed as having been
under preventive suspension during the pendency of the appeal in the event hw wins an appeal.
6) Reconsideration of a final and executory decision not allowed The CSC has no power or
ahuthority to reconsider its decision which has become final and executory even if the Commission
later discovers that its judgment is erroneous.
7) Power to terminate employmenyt; academic freedom of institutions of higher learning. - As
corporate entities, educational institutions of higher learning are inherently endowed with the right to
establish their policies, academic and otherwise, unhampered by external controls mor pressure.
*skipped these parts. Not enough time.*
Appeal by party adversely affected by the decision.
Withdrawal of complaint against respondent.
Cessation from office of respondent.
Procedure in adminstrative cases against non-Presidential appointees.

APPEAL TO THE PRESIDENT

1. Period to Appeal
2. Appeal, how taken
3. Appeal fee
4. Transmittal of record
5. Perfection of Appeal
6. Period to file appeal memorandum
7. Appeal Memorandum
8. Non-compliance with requrierements
9. Stay of execution

10. Action to appeal

11. Comment
12. Submision of resolution
13. Memorandum decision
14. Finality of decision
15. Executory nature of decision
16. Withdrawal of Appeal
17. Delegation of Authority
18. Limitation o appeals
19. Application of Rules of Court
MERIT SYSTEM PROTECTION BOARD
Composition :
1. Commissioner
2. Two Associated Commissioner
1. Power and Function
2. Appellate jurisdiction of the Civil Service Commission
PREVENTIVE SUSPENSION
1. Kinds
a. Preventive suspension pending investigation
b. Preventive suspension pending appeal
2. Preventive suspension pending investigation
3. Right to compensation whre employee is exonerated
4. Preventive suspension pending appeal
5. Suspension from office under section 13 of RA No. 3019
6. Pre-condition for suspension
7. Duration of suspension
8. In the case of members of the Philippine National Police
9. In the case of local elective officials
10. In the case of presidential appointees and other elective officials
11. Where suspension imposed by Ombudman
12. Prior notice and hearing not required
13. Members of Congress covered by RA No. 3019

SUSPENSION AND REMOVAL DISTINGUISHED

1. As to duration
2. As to nature
3. As to time of imposition
SCHEDULE OF ADMINISTRATIVE PENALTIES

A. PENALTIES FOR GRAVE OFFENSES

1. Dismissal
a. Dishonesty
b. Gross neglect of duty
c. Grave misconduct
d. Being notoriously undesirable
e. Conviction of a crime involving moral turpitude
f. Falsification of offical documents
g. Physical or mental incapacity or disability due to visious habits
h. Engaging, directly or indirectly, in partisan political activities by one holding non-political
office
I. Receiving for personal use of a fee, gift or other valuable thing
j. Contracting loans of money or other property from persons with whom the office of the
employee has business relations
k. Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or
anything of monetary value
l. Disloyalty to the Republic of the Philippine and to the Filipino peopke
2. Suspension from six months and one day to one year for the first offense and dismissal for the
second offense.
a. Oppression
b. Disgraceful and immoral conduct
c. Inefficiency and incompetence in the performance of official duties
d. Frequent unathorized absences or tardiness in reporting for duty, loafting or frequent unauthorized
absences from duty during office hours
e. Refusal to perform offical duty
f. Gross insubordination
g. Conduct grossly prejudicial to the best intereset of the service
h. Directly or indirectly having financial and material interest in any transation requiring the approval
of his office
I. Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel,
broker, agent, trustee, etc.
j. Engaging in the private practice of his profession unless authorized by the Constitution
k. Disclosing or misusing confidential or classified information officially know to him
l. Obtaining or using any statements filed under the Code of Conduct and Ethical Standards

B. Penalties for Less Grave Offenses

1. Suspension from one month and one day to six months for the first offense and dismissal for the
second offense.
a. Simple neglect of duty
b. Simple misconduct
c. Gross discourtesy in the course of official duties
d. Gross violation of existing Civil Service Law and rules of serious nature
e. Insubordination
f. Habitual drunkenness
g. Nepotism
h. Recommending any person to any positio in private enterpries which has a regular or
pending officeal transactions with his office
I. Unfair discrimination
j. Failure to file sworn statements fo assets, liabilities and net worth
k. Failure to resign from his position in the private business enterprise within 30 days from
assumption of public office
C. PENALTIES FOR LIGHT OFFENSES
1. Reprimand for the first offense, suspension from one day to thirty days for the second offense, and
dismissal for the third offense
a. Neglect of Duty
b. Discoutesy in the course of official duties
c. Improper or anuthorized solicitation of contributions from subordinate employees
d. Violation of reasonable office rules and regulations
e. Gambling prohibited by law
f. Refusal to render overtime service
g. Disgraceful, immoral or dishonest conduct prior to entering the service
h. Borrowing money by superior officers from subordinates
I. Lending money at usurious rate of interset
j. willfil failure to payjust debts or wilfull failure to pay taxes due the government
k. Pursuit of private business, vocation or profession without persmission required by Civil
Service rule and regulations
l. Lobbying for personal interest or gain in legislative halls and offices without authority
m. Promoting the sale of tickets in behalf of private enterprise
n. Failure to act promptly on letters and requests within 15 days from receipt
o. Failure to process documents and complete actionon documents and papers within a
reasonable time
p. Failure to attend to anyone who wants to avail himself of the services of the offices
D. PENALTIES AND DETERMINATION OF PENALTIES
1. For offenses under Presidentail Decree No. 807
2. For offenses under RA No. 6713
3. In determination of penalties to be imposed, mitigating and aggravating circumstances may
be considered

E. ACCESSORY PENALTIES
1. The penalty of dismissal shall carry withit that of cancellation of eligibility, forfeiture of
leave credits and the retirement benefits, and the disqualification s for re-employment in the
government service.
2. The penlaty of forced resignation shall carry with it that of forfeiture of leave credits and
retirment benefits, and the disqualification for employment in the government service for a period of
one year.
3. The accessory penalties can still be imposed on a government official nothwithstanding the
impossibility of effecting the principal penalty of dismissal because of his earlier removael from office.
F. REMOVAL OF ADMINISTRATIVE PENALTIES OR DISABILLITIES
The Sandiganbayan
1. Cases subject to its jurisdiction
2. Officials and private individuals subject to its jurisdiction
3. Jurisdiction of ordinary courts
The Ombudman
1. Power, functions, and duties of the Ombudsman
2. Officials subject to Ombudsman disciplinary authority
By Impeachment
1. Impeachable officials
2. Power to initiate and to try impeachement cases
Meaning and purposes of impeachment
1. Impeachment has been defined as a method of national inquest into the conduct of public men
2. Its purpose is to protect the people from official delinquencies or malfeasance\
By abolition of office
1. Authority with power to abolish
2. Abolition of office even druing term of incumbent
What Constitute abolition
Removal from office and termination by abolition of an office distinguished

Abolition must not constitute removal without cause

1. Right to public office not absolute
2. where abolition done in bad faith
3. Requisites of valid abolition
4. Instances of valid abolition
Termination through reorganization
1. Based on a valid purpose and done in good faith
2. Instances of invalide reorganization
By conviction of a crime
What constitutes conviction
Effects of pardon
By recall
Purpose and nature of the power of recall
1. Effective speedy remedy for removal
2. Political in nature involving exercise of judicial functions
3. Essentially the power of removal exercised by the people themselves
Recall of local elective officlials
1.
2.
3.
4.
5.
6.

By whom exercised
Initiation of the recall process
Election on recall
Effectivity of recall
Probition ofrom resignation
Limitation on recall