Modes of termination of official

relations

By Prescription of Right to
Office
a person who claims a right to
public office occupied by another
may bring an action to determine
by what authority the latter
assumes to hold and exercise the
office in question and ascertain
 Prescriptive period for filing petition for quo
warranto
- within one year after the cause of such ouster or the
right of the plaintiff to hold such office or position arose;
otherwise, the action will be barred.

Rationale for the one-year period

- Title to public office should not be subjected to
uncertainties but should be determined as speedily as
possible.

Non-application of prescriptive period

 Modes of termination of official
relations
By Removal
may be arbitrary or for cause

may be express or implied

Meaning of Removal
- entails the ouster of an incumbent before the expiration of his
term.

- it implies that the office exists after the ouster.

-Synonymous to dismissal.
What Constitutes Removal?

a. Appointment of another officer

b.Transfer to another office
c. Demotion
d.Reassignment
e.Constructive removal or
dismissal
Legislative regulation of
removal
a. Where office created by statute
- Congress may restrict or limit the power of removal.

b. Where Constitution prescribes method of and cause for removal.

- Constitution prescribes the method of removal and the
causes for which public officers may be removed .

Removal as incident of right of appointment

a. Where term of office not fixed by law
b. Where term of office fixed by law
c. Where holding of position at pleasure of appointing power or
subject to some supervening event.
 Exercise of the power of
removal
The power of removal may be absolute or conditional.
Removals shall only be for a specified cause or for cause.

Power of removal of the President

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 Presidents duty to execute the laws;
4. From the Residents control of all departments, bureaus and
offices; and
5. From the provision that no officer or employee in the Civil
Service shall be removed or suspended except for cause
provided by law.
Extent of the Presidents Power of
removal
For non-career officers exercising purely executive
functions whose tenure is not fixed by law
For quasi-legislative or quasi-judicial officers
For constitutional officers removable only by
impeachment
For civil service officers
For temporary, provisional, or acting appointments
For officers holding public offices created by law which
authorizes the President to remove them at pleasure
Where appointment is based not on usual test of merit
and fitness
With respect to local elective officials
Civil Service officers and employees entitled to
security of tenure
Security of Tenure
-means that an officer or employee in the civil service shall not be suspended or
dismissed except for cause as provided by law and only after due process is
accorded.

Grounds for suspension or removal

-the Constitution requires appointments in the civil service shall be made only
according to merit and fitness and that removal or suspension of a civil service
officer or employee shall be for cause provided by law.

Guarantee extends to both those in career and non-career

positions
-no classification
-the constitutional and statutory guarantee of security of tenure extends to all
permanent officers and employees in the civil service, regardless of their
status, whether career or non-career.
-Persons in the non-career service are protected from removal or suspension
without just cause and non-observance of procedural due process.
Grounds for removal or suspension under the
Constitution

Members of Congress
-Article VI, Section 16(3)

The President, the Vice-President, the Members of the

Supreme Court, the Members of the Constitutional
Commissions and the Ombudsman
-Article XI, Section 2

Members of the Judiciary

-Article VIII, Section 11

Civil Service Officers or Employees

-Article IX-B, Section 2(3)
 Termination of Temporary
Appointments
Appointment Temporary in Nature, may be terminated at the
pleasure of the appointing power, without notice and regardless
of the grounds or reasons.

Appointee without requisite qualifications

Such person cannot be appointed to it or only as an exception to the rule, may be
appointed to it merely in an acting capacity in the absence of appropriate eligibles.

Former incumbent illegally removed or suspended

Term of appointment for a definite period fixed by law

the term protects the right of the appointee from being removed from office
without cause
 Grounds for disciplinary action under
the Local Government Code
1. Disloyalty to the Republic of the Philippines
2. Culpable violation of the Constitution

3. Dishonesty, Oppression, Misconduct in office and neglect of duty

4. Commission of any offense involving moral turpitude or an offense punishable
by at least prision mayor
5. Abuse of Authority

6. Unauthorized absence for 15 consecutive working days except in the case of

members of the sangguniang panlalawigan, sangguniang panglungsod,
sangguniang bayan and sangguniang barangay
7. Application for, or acquisition of, foreign citizenship or residence or the status of
an immigrant of another country
8. Such other grounds as may be provided in the Code and other laws
Grounds for disciplinary action under the Civil Service Law

1. Dishonesty
2. Oppression
3. Neglect of Duty
4. Misconduct
5. Disgraceful and Immoral Conduct
6. Being Notoriously Undesirable
7. Discourtesy in the course of Official Duties
8. Inefficiency and Incompetence in the Performance of Official Duties
9. Receiving for personal use of a fee, gift or other valuable thing in the
course of official duties or in connection therewith when such fee, gift or
other valuable thing 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-graft laws
10. Conviction of a crime involving Moral Turpitude
11. Improper or Unauthorized Solicitation of Contribution from subordinate
employees and by teachers or school officials from school children
12. Violation of existing Civil Service Law and rules or reasonable office
regulations
13. Falsification of Official Documents
14. Frequent unauthorized absences or tardiness in reporting for duty, loafing
or frequent unauthorized absences from duty during regular office hours
15. Habitual Drunkenness
16.Gambling prohibited by law
17.Refusal to perform official duty or render overtime service
18.Disgraceful, immoral or dishonest conduct prior to entering the service
19.Physical or Mental incapacity or disability due to immoral or vicious
habits
20.Borrowing money by Superior officers from subordinates or lending by
subordinate officers
21.Lending money at usurious interest rates
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 employee 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 partisan political activities by one
holding non-political office
27.Conduct prejudicial to the best interest of the service
28.Lobbying for personal interest or gain legislative halls and offices
without authority
29.Promoting the sale of tickets in behalf of private enterprises that are
bot intended for charitable or public welfare purposes even in the
latter cases if there is no prior authority
Note:

Complaints must be in writing and subscribed and sworn to

by the complainant, unless initiated by the disciplining
authority.

Penalties which may be imposed:

a.Removal from Office

b.Transfer

c.Demotion in Rank

d.Suspension for not more than 1 year without pay

e.Fine in the amount not exceeding 6 months salary

f. Reprimand
 Misconduct in Office
Misconduct is a transgression of some established and definite rule of action
more particularly, unlawful behavior or gross negligence by the public officer.
Misconduct in Office is one that affects the officers performance of his duties
as an officer and not only as affects his characted as a private individual.
To warrant removal from office of an officer or employee, the misconduct ,
misfeasance, or malfeasance must have a direct relation to and be connected
with the performance of official duties, amounting either to maladministration
or willful, intentional neglect and failure to discharge the duties of the office
Sariguimba vs. Pasok, 155 SCRA 646 (1987)
Other grounds for disciplinary action, like dishonesty and conduct prejudicial to
the best interest of the service under the Civil Service Law may not be
connected with the Performance of Official Duties i.e. Issuing a bouncing check
constitutes misconduct or If the act is a crime involving moral turpitude,
conviction by final judgment is required before a public officer or employee
may be proceeded against administratively.
Committed during a prior term
General Rule: The re-election of an officer amounts to
condonation of previous misconduct.

Exception: Criminal Case pending against re-elected official

Aguinaldo v. Santos 212 SCRA 768 (1992), Decision removing official
was served on him before re-election, particularly when it had
become final for failure to appeal within the reglementary period, he
is thus deemed disqualified. Reyes v. Santos, 212 SCRA 514 (1996)
Not Work Related or committed in the course of
performance of duty

If a government officer or employee is dishonest or is guilty of oppression

or grave misconduct, even if said defects of character are not connected
with his office they affect his right to continue in office. The private life of
an employee cannot be segregated from his public life. Dishonesty
inevitably reflects on the fitness of the officer or employee to continue in
office and the discipline and morale of the service. Remolana v. Civil
Service Commission, 362 SCRA 304 (2001)
When an officer or employee is disciplined, the object sought is not the
punishment of such officer or employee but the improvement of the
Public Service and the preservation of the publics faith and confidence in
Conducts Unbecoming of a Police Officer

-Unbecoming conduct means improper

performance.
- it applies to a broader range of transgressions
of rules not only of social behavior but of ethical
practice or logical procedure or prescribed method.

a.) A police officer may be summarily dismissed

under Section 42 of R.A. 6975 (Philippine National
Police Act) when the respondent is guilty of conduct
unbecoming a police officer.

b.) A police officer guilty of laxity and inefficiency in

the performance of his duties is guilty of conduct
unbecoming of a police officer. Zacarias v. National
Police Commission, 414 SCRA 387 (2003)
NEPOTISM
Situations covered:
Civil Service Decree prohibits all appointments made in favor of a Relative
of the:
a. Appointing Authority;
b. Recommending Authority;
c. Chief of the Bureau or Office; or
d. Person exercising immediate supervision over the appointee

Relative refers to members of the family within the 3 rd degree of either

consanguinity or affinity.
Persons not covered:
1. Persons employed in a confidential capacity;
2. Teachers;
3. Physicians;
4. Members of the Armed Forces of the Philippines;
5. Members of any family who, after his/her appointment to any position in an
office or
Bureau. The employment or retention therein of both husband and wife may be
allowed.
Designation included in prohibition
CSC Memorandum Circular No. 38 (1993) Par. VII, par. 2(d): The prohibition is to ensure that all appointments
and other personnel actions in the civil service should be based on merit and fitness and should never
depend on how close or intimate and appointee is to the appointing power.

Purpose of Prohibition
To ensure that all appointments and other personnel
actions in the civil service should be based on merit and
fitness and should never depend on how close or
intimate an appointee is to the appointing power.
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 approval of his office;
2. Owning, controlling, managing or accepting employment as officer,
employee, consultant, counsel, broker, agent, trustee or nominee in any
private enterprise regulated, supervised or licensed 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 persons to any position in a private enterprise which has
a regular or pending official transaction with his office
5. Disclosing or misusing confidential or classified information officially known
to him by reason of his office 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 accepting, directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value which in the course of his
official duties or in connection with any operation being regulated by, or any
transaction which may be affected by the functions of his office.
Administrative investigation of elective local officials:

a. Form and filing of administrative complaints

b. Notice of Hearing
c. Preventive Suspension
d. Salary of the respondent pending
suspension
e. Rights of respondent
f. Form and notice of decision
g. Administrative appeals
h. Execution pending appeal
Disciplinary action against appointive local officials
and employees

a. Administrative Discipline
b. Preventive Suspension
c. Administrative Investigation
d. Disciplinary Investigation
e. Disciplinary Jurisdiction
f. Execution Pending Appeal