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Chapter 8

The Law on Public


Officers and Election
Law
D. Acts of the Government
or the People

JOANNA GENOVIVA P.
LORENZO LAGAHIT
________________________
REPORTER
Disciplinary action against
appointive local officials and
employees
(1) Administrative discipline
(2) Preventive suspension
(3) Administrative investigation
(4) Disciplinary jurisdiction
(5) Execution pending appeal
Disciplinary jurisdiction of the
Civil Service Commission
The Civil Service Commission has jurisdiction over
all employees of Government branches, subdivisions,
instrumentalities, and agencies, including government-
owned or controlled corporations with original
characters. As the Commission on Elections is the sole
judge of all election cases and the Commission on
Audit, with respect to government accounts, the Civil
Service Commission is the single arbiter of all
controversies pertaining to civil service positions in the
government service, whether career or non-career.
Preventive suspension

There are two kinds of preventive suspension of


civil service employees who are charged with
offenses punishable by removal or suspension:
a.) preventive suspension pending
investigation ; and

b.) preventive suspension pending appeal if the


penalty imposed by the disciplinary authority is
suspension or dismissal and after review, the
respondent is exonearted.
Preventive suspension

The purpose of the suspension pende lite is


to prevent the officer or employee from using
his position and the powers and prerogatives
of his office to intimidate or in any way
influence potential witnesses or to destroy or
tamper with records which may be vital in the
prosecution of the case against him.
Suspension and removal distinguished
a. As to duration
1. The difference between the power to remove and the
power to suspend is only one of degree. Suspension is
qualified expulsion and it constitutes either temporary or
permanent disenfranchisement.
2. When the suspension of a public officer is to continue
until the final disposition of a criminal prosecution, it
becomes a virtual removal.

b. As to nature
1. Preventive suspension is not a penalty but a mere
protective measure so that the officer or employee who is
charged may be separated from the scene of his alleged
misfeasance while the same is being investigated to insure
proper and impartial conduct of an investigation. Preventive
suspension is distinct from the administrative penalty of
removal from office.
Suspension and removal distinguished

c. As to time of imposition
1. Suspension, not being a penalty, may be imposed
pending investigation. Removal, being a penalty, is meted
upon termination of the investigation or final termination of
the case.
Schedule of administrative penalties
a. Administrative penalties are classified into grave, less grave, and
light offenses.
b. 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 official document
g. Physical or mental incapacity or disability due to
vicious habits
h. Engaging, directly or indirectly, in partisan political
activities by one holding a non-political office
i. Receiving for personal use of a fee, gift or other
valuable thing in the course of official duties when given
with hope or expectation of receiving a favor or
better treatment or committing acts in violation of an anti-graft law
Schedule of
administrative penalties
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, etc. 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
l. Disloyalty to the Republic of the Philippines and
the Filipino people
Schedule of administrative penalties
2. Suspension from 6 months and 1 day to 1 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, unauthorized absences and tardiness
In reporting for duty, loafing or frequent unauthorized
absences from duty during regular office hours
e. Refusal to perform official duty
f. Gross insubordination
g. Conduct grossly prejudicial to the best interest of
service
h. 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
Schedule of
administrative penalties
i. Engaging in the private practice of profession, unless
authorized by the Constitution
j. Disclosing or misusing confidential or classified
information officially know to him by reason of his office and
not made available to the public
k. Obtaining or using any statement filed under the Code
of Conduct and Ethical Standards for Public Officials
and Employees for any purpose contrary to morals or
public policy

c. Penalties for Less Grave Offenses


1. Suspension from 1 month and 1 day to 6 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
Schedule of
administrative penalties
d. Gross violation of existing Civil Service Law and rules of a
serious nature
e. Insubordination
f. Habitual drunkenness
g. Nepotism
h. Recommending any person to a position in a private
enterprise which has a regular or pending official
transaction with his office, unless mandated by law or
international agreements
i. Unfair discrimination in rendering public service due to
party affiliation or preference
j. Failure to file Sworn Statements of Assets and Liabilities
k. Failure to resign from position in a private enterprise
within 30 days from assumption of public office or failure
to divest himself of his shareholdings or interest in
private enterprise within 60 days from the assumption of
public office
Schedule of
administrative penalties
d. Penalties for Light Offenses
1. Reprimand for the first offense, suspension of 1 day to 30
days for the second offense, and dismissal for the third
offense
a. Neglect of duty
b. Discourtesy in the official course of duty
c. Improper or unauthorized solicitation from
subordinate employee or by teachers and
school officials from school children
d. Violation of office rules and regulations
e. Gambling prohibited by law
The Sandiganbayan
a. The Sandiganbayan was created by Presidential Decree No.
1606, as amended by Republic Act No. 7975 and 8249.

b. Cases subject to its jurisdiction


1. Violations of Republic Act No. 3019 and 1379;
2. Crimes committed by public officers and employees
embraced in Title VIII of the Revised Penal Code (e.g.,
bribery, malversation of public funds);
3. Other offenses or felonies (whether simple or
complexed with other crimes) committed by public
officers and employees in relation to their office, where the
penalty prescribed by law is higher than prision
correccional or imprisonment for 6 years, or a fine of
P6,000.00; and
4. Civil and criminal cases filed pursuant to and in
connection with Executive Orders No. 1, 2, 14 and 14-a
issued in 1986.
The Sandiganbayan
c. Officials and private individuals subject to its jurisdiction
1. Under paragraphs (a) and (b) of Presidential Decree
No. 1606, the Sandiganbayan shall exercise exclusive original
jurisdiction over the cases mentioned in (1), (2) and (3) above
where one or more of the accused are
officials occupying the following positions in the Government:

a. Officials of the executive branch occupying the position of


regional director or higher, otherwise classified as Grade 27 or
higher
b. Provincial governors, vice-governors, members of the
Sangguniang Panlalawigan, provincial treasurers, assessors, engineers
and other provincial department heads
c. City mayors, vice-mayors, members of the Sangguniang
Panlungsod, city treasurer, assessors, engineers and other provincial
department heads d. Officials of the diplomatic service occupying the
position of consul or higher
e. Philippine army and air force colonels, naval captains and
all officers of higher rank
The Sandiganbayan
f. Officers of the Philippine National Police while occupying the
position of provincial director and those holding the rank of senior
superintendent or higher

g. City and provincial prosecutors in the office of the Ombudsman


and special prosecutor

h. Presidents, directors or trustees or managers of government-


owned or controlled corporations, state universities or educational
institutions or foundations

i. Members of Congress and officials thereof classified as Grade


27 or higher j. Members of the judiciary without prejudice to the
provisions of the Constitution

j. Members of the judiciary without prejudice to the provisions of


the Constitution.
The Sandiganbayan
k. Chairmen and members of the Constitutional Commissions
without prejudice to the provisions of the Constitution
l. All other national and local officials classified as Grade 27 or
higher
m. Private individuals charged as co-principals, accomplices or
accessories with the public officers or employees
The Sandiganbayan
a. Jurisdiction of ordinary courts
1. Ordinary courts have jurisdiction in cases:
a. Where none of the accused is occupying positions of Grade
27 or higher, or military or Philippine National Police officers.

b. When there is no allegation that the offense charges


was connected with the discharge of the duties or Functions of a
public officer (i.e., there must be a direct relation between the crime
and the office, and the offense cannot exist without the office)

2. The Sandiganbayan has exclusive appellate jurisdiction over final


judgments, resolutions or orders of the Regional Trial Courts
whether in the exercise of their original or appellate
jurisdiction.
The Ombudsman
a. Powers, functions and duties of the Ombudsman
1. Investigate on its own, or on complaint by any person,
any act or omission of any public official, employee,
office or agency, when such act or omission appears to be
illegal, unjust, improper or inefficient;

2. Direct any such official, etc. to perform or expedite any


act or duty required by law, or to stop, prevent and
correct any abuse or impropriety in the performance of
duties;
3. Direct the officer concerned to take appropriate
action against a public official or employee at fault
and recommend his removal, suspension, demotion,
fine, censure or prosecution, and endure compliance
therewith; and
4. Determine the causes of inefficiency, red tape,
mismanagement, fraud and corruption in the
government.
The Ombudsman
b. Officials subject to the disciplinary authority of the Ombudsman
1. The Ombudsman has disciplinary authority over all
elective and appointive officials including members of The
cabinet, local government units, government owned
or controlled corporations and its subsidiaries

2. Exceptions:
a. Officials removable by impeachment
b. Members of Congress
c. Members of the Judiciary

3. The Office of the Ombudsman is the only body authorized to


investigate even officials removable by impeachment.
Thank You.

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