Professional Documents
Culture Documents
1. administrative- wrong-doer is
Notes: removed from office
2. civil- wrong-doer pays damages
Q: Why “some portion” only? 3. criminal- wrong-doer goes to jail
A: Because of the principle of separation of
powers. Cannot vest all 3 powers in just one
office.
Public office is not a property right:
Q: What are sovereign functions?
A: They are legislative, executive or judicial. 1. The holder of the office is subject to
removal or suspension according to
Q: Are public school teachers public officers? law:
A: Yes. They exercise an executive function by
implementing laws on education. • He is not denied due process if
his office is abolished before
his term expires or if he is
Purpose and nature of public office: removed or suspended
according to law
1. It is for effecting the common good
• He is not denied due process
2. It is a public trust (inconsistent with by the passage of statute
either a property or contract right) limiting or reducing his
compensation
3. It is a responsibility and not a right
• He has no property right in the
books and papers pertaining to
What does “public trust” mean? his office
1. The holder of the office is regarded as
a public servant
2. Holder is without vested right in any
2. The powers of his office are to be public office
exercised in behalf of the government
and all citizens • Exception: Constitutional
offices that provide for special
3. The public officer is subjected to the immunity regarding salary and
highest standards of accountability and tenure
service
Due process clause- cannot be invoked except
4. He shall at all times uphold public as to:
interest
1. security of tenure
2. salary, when provided by law
Art. XI Section 1 of Constitution: “Public
office is a public trust. Public officers and
3. Holder right is personal to him
Geof*Golda*Reeza*Sandi
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3. By the President, with respect to Not all contractual employees of the govt. are
bureaus, agencies or offices in the public officers. To be such, the following must
executive department (Source of concur:
power: Admin. Code, which grants to
the President “continuing authority to 1. he must be hired because of his skills
reorganize the administrative structure which is not possessed by anyone in
of the Office of the President”) the contracting agency;
Public offices, how abolished or modified:
2. the hiring agency must exercise
1. Where office is created by Congress, minimal control over him;
that body may abolish , control or 3. the contract must not last for more
modify it, unless prohibited by the than one (1) year
Constitution
Classification of public offices
2. Where office is created by the
Constitution, it may be modified or
1. As to nature
abolished by the people through a
a) Civil officers- covers
Constitutional provision. It is beyond
executive, legislative
the power of Congress to alter or
and judicial
abolish.
b) Military officers-
How are sovereign powers exercised? includes all offices in
the armed forces that
1. By enacting laws (legislative); or solely involve military
functions
2. Executing laws (executive); or
3. Adjudicating controversies (judicial) 2. As to creation
a) Constitutional
Tenure and duration: officers- created by
the Constitution
1. Need not be for a fixed period; may be
at the pleasure of the appointing power
b) Statutory officers-
Congress has full
2. Continuance of office holder is not
control as its creator
material; but continuance of the duties
attached to the office is indispensable
3. As to govt. department to which it
3. Permanence of office is not required,
belongs
however, something more than a single
transaction is required
a) Legislative officers
b) Executive officers
Public official Public officer Public
Employee
c) Judicial officers
- an officer of - required to - position has
the govt. take an oath, less dignity,
itself give a bond importance
4. As to branch of govt. served
- authorized and
- his duly to exercise independence
authorized either
Geof*Golda*Reeza*Sandi
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provision in the Act that added grounds for • Qualifications usually required of
disqualification is unconstitutional. public officers
- Citizenship
o Gen principle: aliens are not
• Construction of Restrictions on eligible to public office unless
Eligibility staute extends privilege to them.
- presumption of eligibility - age
basis: right of voters to exercise their - suffrage
choice o gen rule: only electors are eligible
right to aspire and to hold public o if law is silent: only electors are
office - right to public office is strictly eligible
construed against ineligibility o if not specifically excluded by
- right to public office should be strictly consti/law: persons not electors
construed against ineligibility may be appointed/elected
- residence
• Time of Possession of Qualifications o synonymous w/domicile
- if time specified by Consti/law – must be o personal presence, intention to
possessed at that time reside and conduct indicative of
intention
- if time not specified: resort to statutory - education
construction - literacy/ ability to read and write
- political affiliation
- 2 Possibilities: - civil service exam
o religious beliefs or opinions cannot
1. For eligibility for office be made a test of political right and
o time of election or appointment privilege
o time of commencement of term or o religious test: demands avowal or
induction into office repudiation of religious beliefs before
the performance of any act
2. For holding of office
o time of commencement of term or - SC has held in Pamil v Teleron that a priest
induction into office during the cannot be elected as mayor. But if it were
continuance of the incumbency decided today, it would be overturned as
Admin Code of 87 does not prohibit the
- BUT always: election of ecclesiastics to municipal office
o eligibility to public office is of a anymore.
continuing nature
o will of the people as expressed • Power of Congress to impose property
through the ballot cannot cure qualification
ineligibility - Gen Rule: not allowed as it is offensive to
equal protection, social justice,
republicanism and democracy
• Removal of disqualifications during
term • Qualification prescribed by Consti for
- not yet settled certain officials
- some held that removal validates title of
the incumbent; others take contrary view - All must be Natural-born citizens
Castañeda v Yap
Ag Resi Others
Elected mayor was less than the minimum e den
age requirement of 23 when proclaimed cy
elected. Losing party is not estopped from Pres &VP 40 10 Regist
questioning the eligibility of winner as a yr yrs ered
candidate’s ineligibility is always subject to s voter
question. up Can
on read
el and
ec write
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e. Members of the Supreme Court and judges -- The appointment becomes complete
of lower court: when the last act required of the
- appointed by the President appointing power is performed. Until the
- must come from a list of at least 3 process is completed, the appointee can
nominees prepared by the Judicial and Bar claim no vested right in the office nor
Council for every vacancy invoke security of tenure. --
- does not need confirmation
- lower court judges’ appointments must 1. If appointment is not subject to
issue within 90 days from the submission confirmation
of the list o commission (formal evidence of
appointment) may issue at once.
f. ConComs shall appoint:
- members without reappointment 2. Appointments subject to confirmation
o appointment to any o commission can issue only when
vacancy shall be only for confirmation is obtained
the unexpired term of the
predecessor 3. Appointments to positions in the
o no appointment or Civil Service must be submitted to
designation in the a the CSC for approval
temporary or acting - if appointee is qualified civil service
capacity eligible, CSC has no choice but to attest the
- officials and employees in accordance with appointment
law o attestation or confirmation does
not complete the appointment
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since such attestation, although an - when the appointing power does every act
essential part of the appointing within his power to make such
process, serves merely to assure appointment, his functions with respect to
the eligibility of the appointee the appointment are at an end and the
appointment is complete whether accepted
- if appointee later found ineligible, CSC or refused.
may reject appointment and appointment
shall lapse despite the attestation 2. necessary to possession of office
- necessary to enable the appointee to have
4. Effects of completed appointment full possession, enjoyment, and
responsibility of an office (PER)
a. No new or further appointment could be - appointee cannot impose his conditions for
made to a position already filled by a the acceptance of a public office
previously completed appointment which had
been accepted by the appointee through a Form of Acceptance
valid qualification and assumption of its duties. 1. Express
o verbally
b. Having once made the appointment, o in writing
appointing officer’s power over the office is o taking oath
terminated in all cases where by law the officer o posting of bond
is not removable by him.
2. Implied
c. Right to office vests in the person appointed o exercise of duties and functions
and he has the absolute unconditional power of o note: mere seeking for the office or
accepting or rejecting it. the consent to be voted or appointed,
though it may imply a promise to
Tomali v. CSC accept if elected or appointed, does
An appointment to a position in the civil not of itself amount to an actual
service is required to be submitted to the acceptance of the office
CSC for approval in order to determine, in
main, whether the proposed appointee is Is an individual appointed or
qualified to hold the position and whether elected to office compelled to
or not the rules pertinent to the process of accept such appointment or
appointment. election?
Compliance with the legal requirements for General Rule: No, a person may not
an appointment to a civil service position is be compelled to accept a public
essential in order to make it fully effective. office. (involuntary servitutude?)
Exceptions:
Without the favorable certification or 1. Consti: The Government may call
approval of the Commission, in cases when upon the people to defend the State
such approval is required, no title to the and, in the fulfillment thereof, all
office can yet be deemed to be citizens may be required, under
permanently vested in favor of the conditions provided by law, to render
appointee, and the appointment can still be personal military or civil service.
recalled or withdrawn by the appointing
authority. 2. Revised Penal Code: Persons who
having been elected by public
Until an appointment has become a election to a public office may suffer
completed act, it would likewise be the penalty of arresto mayor or a fine
precipitate to invoke the rule on security of not exceeding 1,000 pesos, or both:
tenure. - for refusal without legal motive to
be sworn in or discharge the duties of
said office
Acceptance of Appointment
1. not necessary to completion or validity Heal the world point: must accept
of appointment obligation because it is a social duty.
- because appointment is the sole act of MECHEM: Regardless of the question
those vested with the power to make it of whether a man can be compelled
to accept a public office, or can be
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NO.
- The right of the appointee to be inducted
into office depends upon the fact of B. Appointments By The President
appointment and not upon his ability to
establish that fact by the production of a Four Groups of Officials whom President
written appointment where the law does is Authorized to Appoint (CONST. Art VII,
not prescribe the manner in which the sec. 16)
appointing power shall make the
appointment, nor direct that any written 1. must have the consent of the
evidence of his action shall be furnished to Commission on Appointments (exclusive
the person appointed. (Mechem) list)
- Ykalina v. Oricio: President is authorized to - Congress cannot, by law, require
make an appointment, and nothing is said confirmation of appointments of other
as to the manner in which he shall make it, officers.
it may be contained in written o heads of executive departments
memorandum or merely oral. o ambassadors
Venecia v. Peralta o other public ministers and consuls
Petitioner was given a temporary o officers of the armed forces from the
appointment. Even if he took an oath as an rank of colonel or naval captain
ad interim officer, he cannot claim title to o regular members of the JBC
the position in the absence of proof that he o Chairman and Commissioners of the
was actually extended that appointment. CSC
o Chairman and Commissioners of the
The better rule requires some kind of o COMELEC
written memorial that could render title to
public office indubitable.
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1. Regular
o those made while Congress is in Rosales vs. Yenko
session The original ad interim appointment was
o mere nominations subject to never released by the Office of the
confirmation President. The ad interim appointment
being incomplete, there was in fact and in
2. Ad Interim law no ad interim appointment that could
o those made while Congress is not in be validly transmitted to and acted upon
session or during its recess, whether by the Commission on Appointments.
such recess is:
Geof*Golda*Reeza*Sandi
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* Consti intends to extend the requirements v. Commissioned officers and enlisted men of
and benefits of the Civil Service System over the Armed Forces which shall maintain a
the administrative personnel of the entire separate merit system
government—national and local—including the
military establishment (de Leon). vi. Personnel of GO/CC
- whether performing governmental or
Purpose of the Civil Service system proprietary functions
- to enable the national and local government - do not fall under the non-career services
and all its instrumentalities and agencies to
render more efficient services to the public by vii. Permanent laborers
enabling them to obtain efficient public - whether skilled, semi-skilled, or unskilled
servants.
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o Provincial governors and lieutenant - Seeks to protect the public by insuring the
governors orderly functioning of the government
o City mayors despite technical defects in title to office
o Any other officer in the service of the -
government whose appointment is De facto officer: one who is in possession
vested in the President of an office in the open exercise of its
o Officer whose duties, as defined by law functions under color of an election or an
or regulation, require presentation to appointment even though such election or
him of any statement under oath appointment may be irregular.
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lawful right or title possession of office; 1. Acts to de facto officers are valid, just
performance of duties like those of a de jure one, until the
title to office is adjudged as
insufficient.
cannot be removed in may be ousted in a 2. Third persons have a right to assume
a direct proceeding direct proceeding that the officer is legally qualified.
3. Also, the de facto officer is estopped
from taking advantage of his own
want of title.
Exceptions:
As regards the public and third In the absence of bad faith on
persons the part of the officer, s/he may
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RCPI VS SANTIAGO
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Mandamus- the remedy to compel action of a 2. Where the law forbids the performance
public official who is in unreasonable delay in of the act at any other time than that
exercising his clear duty imposed by law. provided- the time is mandatory
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3. Where the law provides for the time • mandamus- if the person
but does not prohibit doing the act at will sustain personal injury
any other time- time is directory only by the officers’ refusal to
act; or
2. Where superior officers have authority Duties of the Civil Service Commission
to ratify acts of their inferiors, they are with respect to the above standards:
restricted to ratification of acts and
contracts which such superior officers 1. Promote their observance by
are themselves empowered to make disseminating information programs
and workshops authorizing merit
increases
AMERICAN TOBACCO CASE
2. Continue research and experimentation
An officer can delegate the power to on measures that provide positive
hear, but not to decide cases as the latter motivation to public officers and
involves the use of personal judgment and employees in raising general level of
appointment to the position has been based on observance of these standards
his personal qualifications.
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Meram vs Edralin
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o The doctrine of liberal construction of No deductions were made from the salaries
retirement laws cannot be applied of the Vice-Governor during a short
where the clear intent of the interregnum before and after which she
applicable law and rules are had been receiving a fixed salary. She
demonstrably against the retiree's nevertheless wants to avail of retirement
claim. benefits during said interregnum despite
having failed to make contributions to the
Tantuico v Domingo GSIS.
Regardless of petitioner’s monetary liability to SC says that since (1) basis for retirement
the gov’t that may be discovered from the benefits is service to the government, (2)
audit concerning his accountability as COA contract between GSIS and government
chairman, his retirement benefits cannot be employee is virtually a contract of
withheld under retirement law. adhesion, (3) source of GSIS is social
Pension is a bounty flowing from the legislation, then the situation in this case
graciousness of the gov’t intended to reward can be rectified by allowing petitioner to
past services and provide pensioner with avail of the retirement benefits and simply
means to support himself and family. deducting a reasonable amount
corresponding to the contributions which
If such gratuity could not be attached or levied should have been deducted during the
upon execution, the appropriation of it by interregnum.
administrative action would lead to the same
prohibited result. Conte v. COA
Santiago v. COA Benefits provided under SSS Resolution No.
Retirement laws should be interpreted 56 are NOT considered simply as financial
liberally in favor of the retiree because assistance for retiring employees but as a
their intention is to provide for his supplementary retirement plan proscribed
sustenance, and hopefully, even comfort, by RA No. 4968.
when he no longer has the stamina to
continue earning his livelihood. Said RA bars the creation of any insurance
or retirement plan — other than the GSIS –
After devoting the best years of his life to for government officers and employees, in
public service, he deserves the order to prevent the undue and iniquitous
appreciation of a grateful government as proliferation of such plans.
best concretely expressed in a generous
retirement gratuity commensurate with the It is simply beyond dispute that the SSS
value and length of his services. . . had no authority to maintain and
implement such retirement plan,
He should be able to luxuriate in the particularly in the face of statutory
thought that he did his task well, and was prohibition; SSS cannot, in the guise of
rewarded for it. rule-making, legislate or amend laws or
worse, render them nugatory.
Allarde v. COA
Brion v. South Philippine Union Mission of
The provisions of Sec. 3, PD No. 1438 are the Seventh Day Adventist Church
clear. . .inasmuch as the law limits the
computation of the lump sum to 'the The conditions for eligibility for retirement
highest monthly salary plus the highest must be met only at the time or retirement;
monthly aggregate of transportation, living these conditions are not continuing ones
and representation allowances. . .' which must be complied with even after
one has retired.
It is understood that other allowances are
excluded. Inclusio unius est exclusio SDA no longer exercises control over the
alterius. employee's conduct because his
employment has already been deemed
Note: SC says honorarium is therefore not terminated.
included in the computation of retirement
benefits. As SDA chose not to include in its General
Conference Working Policy an analogous
GSIS v. CSC provision limiting/prohibiting a
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Where another was appointed to the MECHEM: An officer who has lawfully been
position of the illegally dismissed suspended from his office is not entitled to
or suspended employee, the compensation for the period during which he
aggrieved employee is entitled to was suspended even though it be subsequently
backwages because legally determined that the cause for which he was
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suspended was insufficient. The reason is that o if indispensable in the proper conduct
salary and perquisites are the reward of of the office, the records belong to
express or implied services and therefore the public
cannot belong to one who could not lawfully o if not required by taw and are
perform such services. prepared by the officer apart from his
official duties, and they are not
B. For preventive suspension pending appeal if indispensable in the proper conduct
employee is exonerated – yes! because he is of the office, officer acquires a
penalized even before his sentence is property right.
confirmed - Same rules apply with respect to
inventions. Whatever invention public
employee conceives and perfects is his
PAGCOR v Salas individual property unless:
o he merely produced what he was
It is already a settled rule that backwages employed to invent
may be granted to those who have been o he was otherwise employed to use
illegally dismissed and consequently his inventive faculties.
ordered reinstated, or to those acquitted of
the charge against them. However, • Right to Recover Reward for
backwages cannot exceed five years. Performance of Duty
- General Rule:
o A public officer will not be permitted
to recover a reward offered by the
Suspension public for the performance of an act
(as disciplinary measure) which was part of his official duty.
- Exception:
o Where law expressly authorizes
Lawful Unlawful recovery.
- Reason:
o Unethical to be rewarded for dirties
No reinstatement Entitled to for which you have already been
reinstatement compensated.
No backwages and
backwages
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Chapter 6 Table
Source of Prohibition Officers Covered When the prohibition apply Disabilities and Inhibitions
Under the Constitution President During their tenure Shall not hold any other office or
employment
- unless Consti provides
otherwise
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Members of the Cabinet and their During their tenure -- same as President except ***--
deputies and assistants
cannot, directly or indirectly,be
granted any loan, guaranty, or
other form of financial
accommodation for any business
purpose by any GO/CC ir financial
institution
Senator or Member of the House During his term Cannot hold any other office or
of Representative - if he violates provision, employment in the Government,
he may forfeit seat or any subdivision, agency, or
- member of Congress shall instrumentality thereof, including
not be eligible for GO/CC or their subsidiaries
appointment to such
office even if he resigns
or loses his seat before Cannot personally appear as
the end of his term counsel before any court of
justice or before the Electoral
Tribunals, or quasi-judicial and
other administrative bodies
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Geof*Golda*Reeza*Sandi
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Members of the Constitutional During their continuance in office Cannot hold any other office of
Commission employment
Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Cannot be appointed or
designated in any capacity to a
civilian position in the
Government including GO/CC or
any of their subsidiaries
Ombudsman cannot, directly or indirectly,be
granted any loan, guaranty, or
other form of financial
accommodation for any business
purpose by any GO/CC ir financial
institution
Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Under the Civil Service Decree Officer or employee in the civil Cannot engage, directly or
service indirectly, in any partisan political
activity or take part in any
election except to vote
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clerical duties
Under the Local Government Any local government official or Prohibited business and
Code employee pecuniary interest
Practice of profession
Under the Civil Code Public officers and employees Cannot acquire by purchase,
even at a public or judicial
auction, either in person or thru
the mediation of another the
property of:
- the State or any
subdivision thereof or
- any GO/CC or institution
- the administration of
which has been entrusted
to them
- applies to judges and
government experts who,
in any manner
whatsoever, take part in
the sale
Justices, judges, prosecuting Property and rights
attorneys, clerks of courts, - in litigation or levied upon
officers and employees an execution
connected with the - before the court within
administration of justice whose jurisdiction or
territory they exercise
their respective functions
- includes the act of
acquiring by assignment
- shall apply to lawyers,
with respect to the
property and rights which
may be the object of any
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Under the Central Bank Act Governor of Bangko Sentral May not accept any other
Full time members of the employment, whether public or
Monetary Board private, remunerated or ad
honorem, with the exception of
positions in eleemosynary, civic,
cultural and religious
organizations
- may also be designated by the
President to represent the
interest of the Government or
other government agencies in
matters connected with or
affecting the economy or the
financial system of the country
Personnel of the CB Cannot be officer, director,
employee or stockholder of any
institution subject to supervision
or examination by the Bangko
Sentral except non-stock savings
and loan associations and
provident funds organized
exclusively for employees of the
Bank
- and except as otherwise
provided in the act
Geof*Golda*Reeza*Sandi
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Under the National Internal Officer or employee of the BIR May suffer the penalty of fine, or
Revenue Code imprisonment, or both, upon
conviction:
- makes known any
information regarding
business, income, or
estate of any taxpayer,
the secrets, operation,
style or work, or
apparatus of any
manufacturer or
producer, or confidential
information regarding the
business of any taxpayer,
knowledge of which was
acquired by him in the
discharge of his official
duties
- cannot be interested,
directly or indirectly, in
the manufacture, sale or
importation of any article
subject to excise taxes or
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in the manufacture or
repair o sale of any dye
for the printing, or
making of stamp, or
labels
Under the Anti-Graft and Corrupt Public officers Influence another PO to perform
Practices Act an act constituting a violation of
lawful rules and regulations or an
offense in connection with the
official duties of the latter or
allowing himself to be influenced
to commit such violation or
offense
Geof*Golda*Reeza*Sandi
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thereby
Under the Code of Conduct and Public officials: includes elective Financial and material interest
Ethical Standards and appointive officials and
employees including those in Outside employment and other
government-owned or controlled activities related thereto
corporations and their
subsidiaries, permanent or Disclosure and/or misuse of
temporary, whether in the career confidential information
or non-career service, including
military and police personnel, Solicitation or acceptance of gifts
whether or not they receive
compensation, regardless of Divestment: when a conflict of
amount interest arises, the public official
or employee shall resign from his
position in any private business
Geof*Golda*Reeza*Sandi
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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- Quantum of proof - Admin: substantial or if the act is done beyond the scope of his
required in civil cases: evidence- such authority.
preponderance of relevant evidence as
evidence; in criminal: a reasonable mind RAMA VS CA
proof of guilt beyond might accept as
reasonable doubt adequate to support a If the public office is used as a tool for
conclusion oppression, or the public officer commits a
wrongful act, he is not protected by his office
- rules of procedure and he is personally liable.
are strictly adhered to - technical rules of
procedure not strictly Another exception to immunity from liability for
applied official acts: where the public officers are sued
in their personal capacities.
- requires due
process: parties are - entitled only to
afforded fair and administrative When injured party may not be awarded
reasonable decision based on damages:
opportunity to explain substantial evidence
their side or move for made of record and a 1. If the result complained of would have
reconsideration reasonable occurred notwithstanding the
opportunity to meet misconduct of the public officer
the charges during the
hearings 2. If the injured party or his attorney
contributed to the result in any degree
by his own fault or neglect
CIVIL LIABILITY
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Test if judgment or order is unjust: it is General rule: Not liable. This is to protect
manifestly contrary to law or is not supported public officers from suits against another public
by the weight of evidence. servant for acts which he himself has not
engaged in. No vicarious liability in public
service.
Mere error in judgment does not give rise to
liability. The remedy is an appeal pursuant to Exceptions:
Rule 45 or 65 of the ROC.
a) he negligently or willfully employs
or retains unfit or improper persons
b) he negligently or willfully fails to
4. Quasi-judicial officers require them the due conformity to
the prescribed regulations
Reason for immunity- same as members of c) he carelessly or negligently
judiciary. But if he acts ministerially, he may be oversees, conducts or carries on the
liable for carelessness or negligence like any business of his office as to furnish
other ministerial officer. opportunity for the default
d) where he has directed, authorized
MERCADO VS MEDINA or cooperated in the wrong done
e) if the subordinate is paid by the
Non-feasance or dereliction of duty superior officer voluntarily or
implies a willful omission or neglect of official privately
duty, and not mere failure to do one particular f) clear showing of bad faith, malice,
thing. gross negligence or neglect to
perform duty within the period fixed
by law
5. Ministerial officers
Qualified exception: proof of good faith, but General rule: same as for those higher in rank.
this only serves to mitigate damages, because
the general rule is that good faith and absence If acting in good faith upon superior’s orders:
of malice constitute no defense for a not personally liable. Exception to this is if the
ministerial officer. act is unlawful.
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Liability for torts: if officer exceeds his neglects, without just cause, to perform his
authority, he is liable even if his conduct is official duty may file an action for damages
committed in the course of his employment. and other relief without prejudice to any
disciplinary administrative action.’
QUIMSING VS LACHICA
Law enforcing agents who acted in good faith Art. 32: (Malice or bad faith not required) “Any
are not liable for damages to persons claiming public servant or any private individual who
illegal arrest. directly or indirectly obstructs, defeats,
violates or in any manner impeded or impairs
MABUTOL VS PASCUAL any of the following rights and liberties of
another person shall be liable for damages:
Absent bad faith, public officials are not liable
for damages for performing a duty required by 1. freedom of religion
law to be done by them. 2. freedom of speech
3. freedom to write for the press
ESTEJO VS FERNANDO or to maintain a periodical
publication
If a public officer exceeds the power conferred 4. freedom from arbitrary or
to him by law, he cannot shelter himself under illegal detention
the plea that he is a public agent acting under 5. freedom of suffrage
color of office. In the eyes of the law, his acts 6. right against deprivation of
are wholly without authority. property without due process
of law
PALMA VS GRACIANO 7. right to just compensation
when private property is taken
As against cities and municipalities, the for public use
prosecution of crimes is not a corporate 8. right to equal protection
function, but governmental or political. In the 9. right to be secure in one’s
exercise of such function, municipal person, house, papers and
corporations are nor responsible for the acts of effects against unreasonable
their officers, except and only when, and only search and seizure
to the extent that they have acted by authority 10. liberty of abode and of
of the law and in conformity with the requisites changing it
prescribed in the law. 11. privacy of communication and
correspondence
12. right to become a member of
GENSON VS ADARLE associations for purposes not
contrary to law
A supervisor who tolerates his subordinates to 13. right to take part in a
moonlight on non-working days cannot be held peaceable assembly to petition
liable for anything that happens on such days. the govt. for redress of
grievances
14. right to be free from
CARREON VS PROVINCE OF PAMPANGA involuntary servitude in any
form
When a public officer exceeds his authority, he 15. right of accused against
may be held liable particularly for torts. This excessive bail
liability is even clearer when the act 16. right of accused to be heard by
complained of involves corporate or proprietary himself and counsel, to be
functions rather than those strictly informed of nature and cause
governmental in nature. of accusation, to have speedy
and public trial, to meet the
witnesses face to face, and
Liabilities under the Civil Code: have compulsory process to
secure attendance of witnesses
Independent civil actions 17. freedom from being compelled
to be witness against himself,
Art. 27: “Any person suffering material or to confess guilt except as state
moral loss because a public servant refuses or witness
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AMARO VS SUMAGUIT
1. RA 1379 (Forfeiture of Unexplained
An action for damages under Wealth Act): any property manifestly
independent civil actions is not precluded by out of proportion to the salary of a
the existence of other remedies such as public servant is deemed unlawfully
administrative complaint or criminal case. acquired
VITAL-GOZON VS CA
2. RA 3019 (Anti-Graft and Corrupt
Under Article 27, a public servant may Practices Act): penalizes certain acts of
be liable for moral damages as long as the public servants and private persons
physical suffering, mental anguish, fright, alike which constitute graft and corrupt
serious anxiety, besmirched reputation, practices
wounded feelings, moral shock, social
humiliation, etc suffered by the complainant
are the proximate result of the officer’s act or ALMEDA VS PEREZ
omission.
The proceedings under RA 1379 are civil in
Liability on contracts executed in behalf nature because it imposes merely forfeiture of
of the govt: unlawfully acquired property. The procedure
outlined is that for a civil action. Thus, there is
General rule: not liable a petition, answer, and hearing. If it were a
criminal proceeding, there would be a reading
Exceptions: of information, plea, and trial.
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Thus, the right against self- 5. Liability for acts done under direction
incrimination is available, the proceedings of superior officer- Relieved from
being quasi-criminal in nature. liability if he notified his superior in
writing of the illegality of the payment
or disposition prior to that act. IN this
case, the superior officer will be
RA 1379: primarily liable.
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There is no undue injury where the It is a tort under CC Art. 2176. It is ultra
complainants have never been adversely vires and not part of official duty, thus the
affected and they were not displaced or respondents are liable in their personal
prevented from operating their business. capacities.
DUTERTE VS SANDIGAN
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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unless such holding-over is expressly vacancy; only the courts can make
or impliedly prohibited, the his finding conclusive.
incumbent may continue to hold
office. Acts or Neglect of Officer
o when the Constitution limits the term
without providing for hold-over • By Resignation
- Right to resign is recognized.
- Officer may hold-over until successor is
Distinguish where office created by: chosen
- Right must be declared in a much more
Law Constitution restrictive manner so that public officers
GR: May holdover GR: No won’t throw off their responsibility at their
Holdover own pleasure.
XCPT: when prohibited XCPT: None
• Meaning of Resignation
- Formal renunciation or relinquishment of a
public office
Duldulao v. Ramos - Implies the incumbent expressing in some
A municipality was converted into the form, express or implied, of the intention to
province of Occidental Mindoro. The CFI surrender, renounce, relinquish his right to
Judge and the Register of Deeds continue office and the acceptance by competent
to hold office in the absence of a contrary and lawful authority
provision. The law abhors a vacuum; to
hold otherwise is to allow paralyzation of • Form of Resignation
judicial functions. - If requirement is provided by law, must be
substantially complied with
• Office Created for the Accomplishment - Otherwise, resignation may be made by
of a Specific Act any method indicative of the purpose.
- The office terminates and the officer's o It need not be in writing and may be
authority ceases with the accomplishment oral or implied by conduct.
of the purpose.
- For example, the board of canvassers is • What constitutes Resignation
deemed functus officio with the - intention to relinquish a part of the term
proclamation of candidates. - accompanied by an act of relinquishment
- a written resignation must be signed by the
• Reaching Age Limit party tendering it
- Members of judiciary - a written resignation given to the board
o Until 70 years old or become authorized to receive it and fill the vacancy
incapacitated to discharge the duties is prima-facie but not conclusive evidence
of the office. of the intent to relinquish
o Other laws provide for compulsory
retirement at the age of 65 years. RULES:
- NOTE: retirement will NOT render 1. Resignation must be voluntary.
administrative case moot and academic. 2. There must be clear intention to
resign.
• Death or Permanent Disability Gonzales vs. Hernandez
- Death To constitute a complete and operative act
o to be filled by one person only of resignation, the officer or employee
office is vacant must show clear intention to relinquish or
o 2 or more officers exercise authority surrender his position xxx and there must
the whole office is not vacant; survivor be and acceptance by a competent and
may execute the office unless joint lawful authority.
action is expressly, required.
In CAB, there was a conditional resignation
- Permanent Disability and since G's position in the GSIS was
o covers both mental or physical temporary in nature, there was no
o appointing power will have to decide abandonment.
whether the disability created
Ortiz vs. COMELEC
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Geof*Golda*Reeza*Sandi
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Geof*Golda*Reeza*Sandi
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Geof*Golda*Reeza*Sandi
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Sources of grounds for removal: The mere fact that a position belongs to the
1. Consti Career Service does not automatically confer
2. Civil Service law security of tenure on its occupant even if he
3. Loc. Gov’t Code does not possess the required qualifications.
Such right will have to depend on the nature of
his appointment, which in turn depends on his
eligibility or lack of it.
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CES exam to obtain the requisite eligibility, he Culpable violation of the Constitution
did not at the time of his appointment up to Dishonesty, oppression, misconduct in
present possess the needed eligibility position office, neglect of duty
in the CES. His appointment was merely Commission of offense involving moral
temporary and thus, he can be transferred or turpitude or punishable by at least
reassigned without violating the prision mayor (vs Civil Service law
constitutionally guaranteed right to security of which requires conviction)
tenure. Abuse of authority
Unauthorized absences for 15
General v Roco consecutive working days
Application or acquisition of foreign
Under Sec. 27(1) of Civil Service Law and citizenship or residence or in
Integrated Reorganization Plan, two requisites immigrant status of another
must occur in order that a CES employee may country
attain security of tenure: Other grounds provided by law
1. CES eligibility
2. appointment to appropriate CES rank o Removal from office on the above
grounds must be by order of the
Thus a CES officer may be proper court.
transferred or reassigned from one o The President has no power to
position to another without losing his remove elective local officials.
rank which follows him wherever he o Heads of LGU's may investigate and
is transferred or reassigned. No decide matters involving disciplinary
diminution of salary even if actions against officers and
transferred to a CES position w/ lower employees under their jurisdiction.
salary grade as he is compensated
according to CES rank and not on the Pablico v Villapando
basis of the position or office he The Office of the President has no
occupies. power to remove elected officials
since such power is vested in the
proper courts as expressly provided
• Termination of Temporary in Sec 60 LGCode. There is a very
Appointments clear legislative intent to make the
- temporary appointments can be power of removal a judicial
terminated at the pleasure of the prerogative as seen in the Senate
appointing power without notice and deliberations.
regardless of ground
- temporary appointee has no tenure of
office, therefore, strictly speaking there is Carlots: What is proper court? This is a weird
no removal decision. At what point should the court
interfere?
- Term fixed by law
o allows the appointee to hold office If we follow this ruling it would result in
until expiration of the period absurdity.
o the occupancy of anyone temporarily 1st stage: admin proceedings.
appointed is precarious and does not 2nd stage: judicial proceedings
come within the contemplation of the
Constitutional prohibition against This would make the court a “rubber stamp”
removal or suspension except for court as it would just implement the decision of
cause admin agency. This is contrary to the function
and nature of a Court.
• Grounds for Disciplinary Action Under
the Local Government Code
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• Decision
- Within 30 days after receipt of report and
transmittal of records from the IA, the DA
shall render a decision in writing, stating
clearly and distinctly the facts and reasons Complaint
for such decision. Motu proprio
- Respondent and interested parties shall be
immediately furnished copies.
- Decision of the DA shall become final and Notice to file answer
executory after the lapse of 30 days from (answer filed)
receipt, unless a Motion for
Reconsideration (MR) is filed within the Refer to Inv. Authority for PI
period.
o Only 1 MR shall be allowed, except in
meritorious cases.
o Filing of MR shall suspend the dismissal Formal
running of the 30-day period. motu proprio Investigation
recommended Preventiv
• Appeal e
Decision suspensi
- An appeal shall not prevent a decision from
becoming final or executory. Disciplining
- When there is execution pending appeal, Authority
the official shall be deemed to have been Dismisses Motion for Recon
placed under PS during the pendency of an (once only)
Executio
appeal, if the event he wins such appeal. n
- In case appeal results in exoneration, the Pending
official shall be paid his full salary and all Appeal
Appeal
accrued emoluments during the pendency
of the appeal.
Executive
Clemency
• Imposition of Penalty (either
Suspension or Removal)
- Penalty of suspension shall not exceed the
unexpired term of the official or a period of
6 months for every administrative offense. Joson vs. Torres
o It shall not be a bar to the candidacy
Rules on removal and suspension of
of the suspended official provided he
elective local officials are more stringent
meets the qualifications for the
than those governing appointive officials.
office.
- Penalty of removal from office may be
When an elective official is removed or
imposed by order of proper court or the DA,
suspended, the people are deprived of the
whichever acquires jurisdiction first, to the
services of the person they had elected.
exclusion of the other.
o Removal as a result of administrative
Thus, suspension and removal are imposed
investigation is a bar to the
only after the elective official is accorded
candidacy of the removed official for
his rights and the evidence against him
any elective position.
strongly dictates their imposition.
• Executive Clemency Disciplinary Action Against Appointive
- In meritorious cases and after his decision Local Officials and Employees
has become final and executory, the
President may commute or remove
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- An appeal shall not prevent a decision from • Mandamus is remedy to enforce an order of
becoming final or executory, and when the the CSC w/c has become final and
penalty is suspension or removal, the executory.
official shall be deemed to have been
placed under PS during the pendency of an • Summary procedure is no longer allowed in
appeal, if the event he wins such appeal. hearing and deciding cases before the CSC.
- Appeals, where allowable, must be made Sec. 40 of PD 807, which dispenses with
by the "party adversely affected" by the the conduct of an investigation and allows
decision immediate removal based on certain
grounds, was already repealed by RA 6654.
GSIS vs. CSC o Sec. 40 of PD 804 is unconstitutional
The authority of a tribunal or agency to to the extent that it deprives the
decide cases is inutile unless it also employee procedural due process.
includes the authority to execute its (Rosete vs. CA)
judgments, unless the law otherwise
provides. PROCEDURE IN ADMINISTRATIVE CASES
AGAINST NON-PRESIDENTIAL APPOINTEES
Mendez v. CSC
• Under PD 807 (Civil Service Decree)
This refers to the employee against whom
the admin case was filed.
• Commencement of Proceedings
The law does not contemplate a review of
- Admin proceedings may be commenced
decisions exonerating officers from admin
against a subordinate officer or employee
charges (meaning: complainants cannot
by:
appeal in the event the official charged is
o The head of the dept or office of
exonerated).
equivalent rank or head of LGU, or
chief of agency or regional director.
Remedy of appeal may only be availed of
o Or upon sworn written complaint of
when the employee charged is found guilty
of the charges. any other person.
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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- Investigation shall be held not earlier than - A Petition for Reconsideration shall be
5 days nor later than 10 days from receipt based ONLY on the ff:
of answer and shall be finished within 30 o Newly discovered evidence which
days from the filing of the charges. materially affects the decision
- The DA shall render the decision within 30 rendered.
days from the termination of the o Decision is not supported by the
investigation or submission of the report of evidence on record.
the investigator (must be submitted within o Errors of law or irregularities
15 days from the termination). prejudicial to the interest of the
- Direct evidence shall consist of the sworn respondent.
statements and documents submitted in Only 1 Petition for Reconsideration
support of the complaint and answer, and shall be entertained.
additional evidence which was unavailable
at the time of the filing of the pleadings o Under EO 26-A:
mentioned. o All contested cases under the Admin
o Respondent and complainant shall be Code shall be decided within 30 days
cross-examined on the basis of such from date of submission for
direct evidence. There may be resolution, unless a different period is
redirect and recross-examinations. provided for by special law.
- Both parties may choose to have counsel, o Where action is merely
require attendance of witnesses and make recommendatory to immediate
use of subpoena and subpoena duces superior or head of office, he shall
tecum. submit such recommendation within
- Investigation shall be conducted only for 20 days from date of submission of
the purpose of ascertaining the truth and the case for resolution.
without necessarily adhering to technical Approving officer shall have 10 days to
rules. decide the case.
- It shall be conducted by the DA or his o A case is deemed submitted for
authorized representative. resolution upon expiration of period
- The phrase "any other party" shall be for filing of memorandum, position
understood to be a complainant other than paper or last pleading required.
the head of the dept or office of equivalent o Every officer charged with resolution
rank, or head of LGU, or chief of agency or of the case shall submit to his
regional director. superior within 10 days ff. the end of
every month a sworn statement of
Casuela vs. Office of the Ombudsman disposition of cases.
The 5-day bar rule is conducting the admin o Only one MR shall be allowed, which
investigation is indispensable, and enables shall be decided within 15 days from
both parties to explore the possibility of date of submission for resolution.
clarifying their problems and accords the o Only opposition to such MR shall be
defendant therein adequate time to the only pleading allowed, apart from
prepare a suitable defense in case no the MR itself.
settlement is obtained. o Failure to submit such sworn
statement of disposition of cases
• Allowable Appeals shall cause the w/holding of the
- Appeals shall be made by the party salary of the officer concerned, until
adversely affected by the decision within 5 he complies.
days from receipt of the decision unless a
Petition for Reconsideration is seasonably Merit System Protection Board
filed, which shall be decided within 15 • Predecessor Merit Systems Board
days. - Creating Law: PD # 1409
- Notice of appeal shall be filed with the DA, o Composition:
which shall forward the same to the Commissioner
appellate authority within 15 days from 2 Associate Commissioners
filing the notice.
- Only the respondent can appeal from the - Appointing Power
decision of the MSPB. (Mendoza vs. CSC) o the Civil Service Commissioner (who
[The MSPB has been abolished]
serves as the Executive Officer)
- Qualifications: same as RTC judges
Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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Geof*Golda*Reeza*Sandi
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Geof*Golda*Reeza*Sandi
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Geof*Golda*Reeza*Sandi
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Geof*Golda*Reeza*Sandi
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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- May result in loss of position through: Gen Rule: the President has no authority to
o removal or reorganize the executive department.
o abolition of office
Exceptions: as far as bureaus, agencies or
- Validity of reorganization offices in the executive department are
o examples: concerned, the President’s power of control
may be required by law independently may justify him to:
of constitutional authorization 1. inactivate the functions of a
must be based on a valid purpose particular office
must not result in removal without 2. certain laws may grant him the
cause in violation of right to broad authority to carry out
security of tenure reorganization measures.
a finding of reorganization in bad faith
must be supported by substantial Gen Rule: A reorganization is carried out in
evidence (good faith is presumed) good faith if it is for the purpose of
similarity of functions of old office and economy or to make bureaucracy more
new office is bad faith efficient. In that event, no dismissal or
in reorganization, there is no removal separation actually occurs because the
of incumbent position itself ceases to exist. And in that
case, security of tenure would not be
Briones vs. Osmena, Jr. Chinese Wall.
Geof*Golda*Reeza*Sandi
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Geof*Golda*Reeza*Sandi
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C2005 PUBLIC OFFICERS AND ELECTION LAW REVIEWER
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RECALL CHART
Filing w/ COMELEC
Effectivity of Recall
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Adormeo vs COMELEC
Geof*Golda*Reeza*Sandi