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PART I THE LAW ON PUBLIC OFFICERS CHAPTER 1: DEFINITIONS, DISTINCTIONS AND CLASSIFICATIONS Meaning of Office: position or function by virtue of which a person has some employment in the affairs of another. Meaning of Public Office: right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government to be exercised by him for the benefit of the public. Purpose and Nature of Public Office: grounded on being a public trust created in the interest and benefit of the people. A. Public Office as a public trust: 1. Holders regarded as public servants 2. Holders subject to highest standards of accountability and service. -public interest over personal interest; not a means to promote personal interest CONSTI, ART. XI, SEC. 1 Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives. CONSTI ART. II, SEC. 1 Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. B. Public Office not property: 1. holder subject to removal or suspension according to law. ! Segovia vis--vis Chanco: intention to disturb right to office should be clear. In Segovia, such intention was not expressed, in contrast to Chanco v. Imperial, where the legislative intent abolishing the office was manifest. 2. holder without vested right in any pubic office. ! It is only when salary has already been earned or accrued that said salary becomes private property and entitled to the protection of dual process. 3. Holders right in nature of privilege entitled to protection ! when the dispute concerns ones constitutional right to security of tenure, public office is deemed analogous to property in a limited sense; hence the right to due process could rightly be invoked. ! an office may be considered as property within the protection of due process guarantee of the Constitution in controversies relating to the questions as to which of two persons is entitled thereto. 4. Holders right personal to him ! heirs of the protestee in an election contest may no longer prosecute the latters counterclaim for damages against the protestant. o Segovia v. Noel: if the right is to be taken away by statute, the terms should be clear in which the purpose is stated. o Chanco v. Imperial: intention of the legistature to vacate the office was clearly expressed. C. Public Office not a contract 1. Creates no contractual relation between holder and the public 2. Exists by virtue of some law 3. Generally, entitles holder to compensation ! salary is a mere incident and forms no part of the office. Public office Incident of sovereignty Carrying out of sovereign as well as governmental functions Embraces the idea of tenure, duration, and continuity and the duties connected therewith Contract Originates from the will of the contracting parties Imposes obligations only upon persons who entered the same Limited in its duration and specific in its objects.

3. Powers and functions are defined by the consitution or by law, or through legislative authority. 4. the duties pertaining thereto are performed independently, without control of a superior power other than law, unless they are those of an inferior or subordinate officer, created or authorized by the legislature and placed by it under the general control of a superior officer or body; and 5. it is continuing and permanent in nature and not occasional or intermittent. Creation of Public office a. by the congress: Except for offices created by constitution, the creation is primarily a legislative function. b. by the president: as far as bureaus, agencies or offices in the executive department are concerned, the Presidents power of control may justify him to inactivate the functions of a particular office or certain lawsmay garnt him broad authority to carry out reorganization measures. Modification or abolition of Public Office -power is inherently legislative Exercise of sovereign powers and functions - one of the most important criteria of public office - authority conferred by law - extent of authority not material -presumption of regularity of official acts ! not applicable when an officials acts are not within the duties specified by law. Tenure and duration - existence of definite tenure not material - continuance of office holder not material - permanence of office not material Officer and Employee distinguished a. In the law of public officer- an officer is distinguished in the greater importance, dignity and independence of his position. b. Under the revised penal code- definition eliminates the standard distinction between officer and employee. Meaning of Public Official: an officer of the Government itself, as distinguished from the officers and employees of instrumentalities of government. CHAPTER 2: ELIGIBILITY AND QUALIFICATIONS A. In General Meaning of eligibility/ eligible/ ineligibility/ ineligibile: Eligibility: state or quality of being legally fitted or qualified to be chosen. Must exist both at the commencement and during the occupancy of an office. Eligibile: legally fitted or qualified to hold an office Ineligibilty: lack of qualifications prescribed by the Constitution or applicable law for holding public office. Ineligible: a. legally or otherwise disqualified to hold an office b. disqualified to be elected to an office c. disqualified to hold an office, if elected or appointed to it. Note: mere certification by CSC as civil service eligible does not amount to an appointment to any position nor does it insure appointment. Meaning of qualification: Used in two senses: a. refer to the endowment or accomplishment that fits one for office b. refer to the act which a person, before entering upon the performance o his duties, is by law, required to do. Nature of right to hold public office: 1. not a natural right: to hold public office, one must be eligible and possess the qualifications prescribed by law. 2. not a constitutional right: it is a political privilege Power of Congress to prescribe qualifications a. in general: Congress empowered to prescribe qualifications - there must be a rational nexus between any requirements and duties of the position in question. - qualifications prescribed must not be too detailed as to practically amount to making an appointment which is an executive function and not legislative. b. where office created by the constitution: Where the constitution establishes specific eligibility requirements for a particular constitutional office, the constitutional criteria are exclusive. Congress have no power to require different qualifications for constitutional offices other than those qualifications specifically set out in the Constitution. c. Where qualifications prescribed by the constitution: Where constitution has prescribed certain qualifications, Congress may prescribe additional qualifications unless it appears that this action is prohibited.

creation object Subject matter and scope

Public office and Public Employment Distinguished - Although every public office may be an employment, every public employment is not an office. - the delegation to the office holder of some of the sovereign functions of geovnerment is the most important characteristic of public office. Essential Elements of Public office: 1. Created by the constitution or by law or by some body or agency to which the power to create office has been delegated. 2. it must be invested with an authority to exercise some portion of the sovereign power of the state to be exercised for public interest

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e.g. Art. XIII ,sec. 17 (2) The Commission shall be composed of a Chairman and four Members who must be natural-born citizens of the Philippines and a majority of whom shall be members of the Bar. The term of office and other qualifications and disabilities of the Members of the Commission shall be provided by law. Art. XII, sec. 20 Section 20. The Congress shall establish an independent central monetary authority, the members of whose governing board must be natural-born Filipino citizens, of known probity, integrity, and patriotism, the majority of whom shall come from the private sector. They shall also be subject to such other qualifications and disabilities as may be prescribed by law. The authority shall provide policy direction in the areas of money, banking, and credit. It shall have supervision over the operations of banks and exercise such regulatory powers as may be provided by law over the operations of finance companies and other institutions performing similar functions. Until the Congress otherwise provides, the Central Bank of the Philippines operating under existing laws, shall function as the central monetary authority. Power of Congress to Prescribe Disqualifications Contress may not add disqualifications where the constitution has provided them. Moreover, when the CONsitution has attached a disqualification to the holding of any Office, congress cannot remove it under the power to prescribe qualifications as to such offices as it may create. o Vargas v. Rilloraza: The method of appointment of SC Justice provided by the COnsitution is mandatory and binding upon all departments of the Government. Hence, thos not falling under the definition and those not duly appointed may not act as a SC justice, even if only temporary. Constructions of restrictions on eligibility Presumption in favor of eligibility- the right to public office should be stricktly construed against ineligibility. The right of a citizen to hold office is the general rule, ineligibility the exception, and therefore, a citizen may not be deprived of this right without proof of some disqualification specifically declared by law. Time of possession of qualification 1. Where time specified by Constitution or Law: the candidate must possess the qualifications at that time. 2. Where Constitution or law is silent: the terms employed in declaring the qualifications are to be taken into consideration 3 views: a. if qualified at the time of commencement of the term or induction into office, disqualification of the candidate or appointee at the time of election or appointment is immaterial b. must exist at the time of the elction or appointment, and that hteir existence only at the time of the commencement of the term of office or induction of the candidate or appointee into office and assumption by him of his dutiesis not sufficient to qualify him for the office. c. where the provision refers to holding of office, rather than to eligibility, in defining the qualifications, the courts are inclied tohold htat the qualifications are to be determined at the time of the commencement of the term or the induction into office, rather than at the time of the elction or appointment. 3. When qualification must always exist: Eligibility to public office is of a continuing nature and must exist at the commencement of the term and during the occupancy of the office. ! Under the LGC, sec. 39: qualifications of elective officials does not specify particular date or time when the candidate must possess citizenship, unlike that for: a. residence- which must consist of atelast one years residence immediately preceding the day of election b. age- atleast 23 years of age on election day. o Frivaldo v. COMELEC: construed citizenship qualification as applying to the time of proclamation of the elected official and at the start of his term. Removal of disqualifications during term Courts have not agreed as to the effect of removal by an office holder of his disqualifications after the commencement of the term of office and during its continuance. B. Particular Qualifications and Disqualifications Qualifications usually required of public officers - once any of the required qualifications islost, his title may be reasonably challenged. 1. Citizenship ! GR: aliens are not eligible to public office, unless the privilege is extended to them by statute. ! Public school teacher who by voluntary change of citizenship ceases to be Filipino becomes disqualified from holding any position in the teaching service.

2. Age 3. Right of Suffrage 4. Residence ! residence and domicile are held to be synonymous. Both importnot only an intention to reside in a fixed place, but also personal presence in that place, coupled with conduct indicative of such intention. 5. Education ! statutes prescribe educational qualifications when they reasonably relate to the specialized demands of an office. 6. Ability to read and write ! there is no constitutional prohibition against it. 7. Political affiliation ! Laws sometimes require as a condition of eligibility to certain offices nomination by membership in a political party or group. e.g. CONSTI, ART. VI, SEC. 17, 18 Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal, which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. Section 18. There shall be a Commission on Appointments consisting of the President of the Senate, as ex officio Chairman, twelve Senators, and twelve Members of the House of Representatives, elected by each House on the basis of proportional representation from the political parties and parties or organizations registered under the party-list system represented therein. The chairman of the Commission shall not vote, except in case of a tie. The Commission shall act on all appointments submitted to it within thirty session days of the Congress from their submission. The Commission shall rule by a majority vote of all the Members. Religious qualifications prohibited - religious beliefs or opinions cannot be made a test of political right and privilege. CONSTI, ARTICLE III, SEC. 5 Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights. o Pamil v. Teleron: a priest cannot be elected as municial mayor. Note: the prohibition in the revised administrative code of 1917 is not provided in the Admin Code of 1987 Powers of Congress to Impose property qualifications 1. View that law constitutional- unless inhibited by the Constitution, a legislature has the power to impose property qualifications upon office holders. A requirement that certain public officers be resident property owners does not transgress the constitutional guarantees of due process and equal protection. 2. View that Law unconstitutional- no rational conncetion between qualifications for administering public affairs and ownership of real property. o Manquerra v. Borra: declared as unconstitutional a law requiring candidates to post a suretybond equivalent to the one year salary of the position. Social justice presupposes equal opportunity for all, rich and poor alike. Qualifications prescribed by the Constitution for Certain Officers 1. President CONSTI, ART. VII, SEC. 2 Section 2. No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election. 2. Vice President CONSTI, ART. VII, SEC. 3 Section 3. There shall be a Vice-President who shall have the same qualifications and term of office and be elected with, and in the same manner, as the President. He may be removed from office in the same manner as the President. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation. 3. Senators CONSTI, ART. VI SEC. 3 Section 3. No person shall be a Senator unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least thirty-five years of age, able

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to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election. 4. Members of the House of Representatives CONSTI, ART. VI, SEC. 6 Section 6. No person shall be a Member of the House of Representatives unless he is a natural-born citizen of the Philippines and, on the day of the election, is at least twenty-five years of age, able to read and write, and, except the party-list representatives, a registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year immediately preceding the day of the election. 5. Members of Supreme Court and lower collegiate court CONSTI, ART. VIII, SEC. 7(1) Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines. 6. Chairman and Commissioners of Civil Service CONSTI, ART. IX-B, SEC. 1(1) Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment. 7, Chairman and Commissioners of COMELEC CONSTI, ART. IX-C, SEC. 1(1) Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. 8. chairman and Commissioners of COA CONSTI, ART. IX-D, SEC. 1(1) Section 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession. 9. Ombudsman and Deputies CONSTI, ART. XI, SEC. 8 Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines. During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X-A of this Constitution. Qualifications prescribed by law for certain officers 1. Secretaries of Departments a. citizens of the Philippines b. not less than 25 years of age 2. Presiding Justices and Associate Justice of CA - same qualifications as those provided for Justices of SC 3. Judges of RTC a. natural born citizen of the Philippines b. atleast 35 years of age c. for atleast 10 years, has been engaged in the practice of law in the Philippines requiring admission to the practice of law as an indispensable requisite. 4. Judges of MTC a. natural born citizen of the Philippines b. atleast 30 years of age and

c.

atleast 5 years, has been engaged in the practice of law in the Philippines or has held a public office in the philipines requiring admission to the practice of law as an indispensable requisite.

5. Elective local officials Local Government Code, sec. 39 Section 39. Qualifications. (a) An elective local official must be a citizen of the Philippines; a registered voter in the barangay, municipality, city, or province or, in the case of a member of the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan, the district where he intends to be elected; a resident therein for at least one (1) year immediately preceding the day of the election; and able to read and write Filipino or any other local language or dialect. (b) Candidates for the position of governor, vice-governor, or member of the sangguniang panlalawigan, or mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities must be at least twenty-one (21) years of age on election day. (c) Candidates for the position of mayor or vice-mayor of independent component cities, component cities, or municipalities must be at least twenty-one (21) years of age on election day. (d) Candidates for the position of member of the sangguniang panlungsod or sangguniang bayan must be at least eighteen (18) years of age on election day. (e) Candidates for the position of punong barangay or member of the sangguniang barangay must be at least eighteen (18) years of age on election day. (f) Candidates for the sangguniang kabataan must be at least fifteen (15) years of age but not more than twenty-one (21) years of age on election day. 6. Members of Board of Election Inspectors a. good moral character and irreproachable reputation b. registered voter of the city or municipality c. has never been convicted of any election offense or of any other crime pubishable by more than 6 months of imprisonment, or if there is no pending information agasint him for any election offense. d. Must be able to speak and write English or the local dialect. Disqualifications to hold public office 1. mental or physical incapacity 2. misconduct or crime. - violation of a municipal ordinance to qualify as a crime must involve atelast a certain degree of evil doing, immoral conduct, corruption, malice or want of principles reasonably related to the requirements of public office. 3. impeachment ART. XI, SEC. 2 Section 2. The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment. ART. XI, SEC. 3(7) (7) Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law. 4. Removal or suspension from office - Undoubtedly, a law can attach ineligibility to suspesion or removal from office, but where there is no constitutional or statutory declaration of ineligibility for such cause, the courts may not impose the disability. 5. Previous tenure or office CONSTI ART. VII, SEC. 4 Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an

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interruption in the continuity of the service for the full term for which he was elected. CONSTI ART. IX-B, SEC. 1 (2); ART. IX-C, SEC. 1(2), ART. IX-B, SEC. 1(2) 2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity.

CONSTI, ART. VII, SEC. 13 Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries. CONSTI, ART. VI, SEC. 13 Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. CONSTI, ART. VIII, SEC. 12 Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. CONSTI, ART. IX-A, SEC. 2 Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. CONSTI, ART. XI, SEC. 8 Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the time of their appointment, at least forty years old, of recognized probity and independence, and members of the Philippine Bar, and must not have been candidates for any elective office in the immediately preceding election. The Ombudsman must have, for ten years or more, been a judge or engaged in the practice of law in the Philippines. During their tenure, they shall be subject to the same disqualifications and prohibitions as provided for in Section 2 of Article 1X-A of this Constitution. CONSTI, ART. IX-B, SEC. 7 Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries. CONSTI, ART. XVI, SEC. 5(4) (4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government-owned or controlled corporations or any of their subsidiaries. 8. Relationship with appointing power a. CONSTI, ART. VII, SEC. 13 The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries. b. Under the Civil Service Decree, all appointments in the national, provincial, city and municipal governments or in any branch or instrumentality tereof, including GOCC, made in favor of a relative of the appointing or recommending authority, or of the chief or bueau or office, or of persons exercising immediate supervision over him, are prohibited. rd - relative: those related within the 3 degree either of consanguinity or of affinity.

(2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. CONSTI, ART. XI, SEC. 11 Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office. 6. Consecutive Terns CONSTI ART. VII, SEC. 4 Section 4. The President and the Vice-President shall be elected by direct vote of the people for a term of six years which shall begin at noon on the thirtieth day of June next following the day of the election and shall end at noon of the same date, six years thereafter. The President shall not be eligible for any re-election. No person who has succeeded as President and has served as such for more than four years shall be qualified for election to the same office at any time. No Vice-President shall serve for more than two successive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of the service for the full term for which he was elected. CONSTI ART. VI, SEC. 4 Section 4. The term of office of the Senators shall be six years and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Senator shall serve for more than two consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term of which he was elected. CONSTI, ART. VI, SEC. 7 Section 7. The Members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the thirtieth day of June next following their election. No Member of the House of Representatives shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. CONSTI, ART. X, SEC. 8 Section 8. The term of office of elective local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. CONSTI, ART. XI, SEC. 11 Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without reappointment. They shall not be qualified to run for any office in the election immediately succeeding their cessation from office. 7. Holding more than one office - no constitutionally protected right to hold incompatible offices.

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- The restriction shall not be applicable to the case of a member of any family who, after his or her appointment to any position in an office or bureau, contracts marriage with someone in the same office or bureau, in which event the employment or retention therein of both husband and wife may be allowed. Exempted from the operation of rules on nepotism: 1. persons employed in a confidential capacity 2. teachers 3. physicians 4. members of AFP 9. Office newly created or the emoluments which have been increased. CONSTI, ART. VI, SEC. 13 Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. - if the increase is not effected by enactment of Congress, prohibition does not apply. -emolument: does not refer to the fixed salary alone that is attached to the office, but includes such fees and compensations as the incumbent of the office is by law entitled to receive. 10. Being an Elective Official CONSTI, ART. IX-B, SEC. 7 Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries.

fugitive from justice: includes not only those who flee after conviction to avoid pubsihment but likewise those who, after being charged, flee to avoid prosecution (Rodriguez v. COMELEC) CHAPTER 3: ACQUISITION OF RIGHT OR TITLE TO OFFICE A. In General Modes of Commencing official relations - by election or appointment Meaning of Appointment: act of designation by the executive officer, board, or body to whom that power has been delegated, of the individual who is to exercise the powers and functions of a given office. Where appointing power resides 1. inherently belongs to the people. 2. entrusted to designated elected and appointed public officials. -appointment is generally looked upon as properly belonging to the executive departments. - appointments may also be made by Congress or the Courts, but when so made, should be taken as an incident to the discharge of functions within their respective spheres. Appointing power generally regarded as an executive function 1. Where power exercised by executive department 2. Where power exercised by other departments- such appointments by the several departments of government are necessary to enable them to maintain their independent existence, and do not involve an encroachment upon the function of any other branch. Power to appoint discretionary - the moment the discretionary power is exercised and he appointee assumed the duties and functions of his position, such appointment cannot anymore be revoked by the appointing authority except for cause. 1. power of courts to review appointment - cannot be controlled by the courts as long as it is properly and not arbitrarily exercised by the appointing authority. - cannot be the subject of an application for writ of mandamus to compel the exercise of such discretion. 2. power of CSC to revoke appointment - the commission has no authority to revoke an appointment. It has also no authority to direct the appointment of a substitute for its choice or a successful protestant. - The Commission is empowered to take appropriate action on all appointments and other personal actions (e.g. promotion) and its power includes the authority to recall or revoke an appointment initially approved in disregard of applicable provisions of law and regulations. o Concepcion v. Paredes: law provides for drawing of lots by district judges as a means of determining the districts to which they may be assigned- Unconstitutional o Reyes v. Abelada: Secretary of Education appointed respondent instead of Petitioner who was recommended by the Director of Public Shools- power of appointment essentially discretionary, absent a showing that there was abuse of discretion, the court will not attempt to substitute its own discretion fro that exercised by the appointing poert, no rigid formula for exercise of power. o Cuyengkeng v. Cruz (obiter dictum): onw shoe claim is predicated solely upon more or less remote possibility that, in the even an office should be declared vacant, he may be the recipient of the appointment has no cause of action against the office holder. Power may be absolute or conditional 1. Where the power is absolution: the choice of the appointing authority if it falls upon an eligible person is conclusive. 2. The power is conditional, where assent or approval by some other officer of body is necessary to complete the appointment. e.g. CONSTI, ART. VII, SEC. 16 Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be

11. Having been a candidate for any elective position CONSTI, ART. IX-B, SEC. 6 Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Governmentowned or controlled corporations or in any of their subsidiaries. CONSTI, ART. IX-B, SEC. 1(1), ART. IX-C, SEC.1 (1), ART. IX-D, SEC. 1(1) Section 1. (1) The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, with proven capacity for public administration, and must not have been candidates for any elective position in the elections immediately preceding their appointment. Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. Section 1. (1) There shall be a Commission on Audit composed of a Chairman and two Commissioners, who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, Certified Public Accountants with not less than ten years of auditing experience, or members of the Philippine Bar who have been engaged in the practice of law for at least ten years, and must not have been candidates for any elective position in the elections immediately preceding their appointment. At no time shall all Members of the Commission belong to the same profession.

12. Under the LGC RA 7164, sec. 94 Sec. 94 Apointment of Elective and Appointive Local Officials; Candidates Who Lost in an Election. - (a) No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries

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effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress. ! the commission can issue or appointment be complete only when such assent or confirmation is obtained. - In either case, the appointment becomes complete when the last act required of the appointing power is performed. Restrictions on the power to appoint. 1. Generally: a. It is contrary to public policy to permit an officer having an appointing power to use such power to confer an office on himself. b. Cannot forestall the rights of a successor by making a prospective appointment to fill an office where the appointees term is not to begin until the appointing powers own term has expired. 2. Under the Constitution: Appointments by the President are subject to the following consitutional provisions: a. Consti. Art. Vii, sec. 13 Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries. b. Consti, art. Vii, sec. 15 Section 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. c. Consti, art. Vii, sec. 16 Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress. d. consti, art. Viii, sec. 5(6) Section 5. The Supreme Court shall have the following powers: (6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. e. consti. Art. Viii, sec. 9 Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts, the President shall issue the appointments within ninety days from the submission of the list. f. consti, art. Ix-a, sec. 4 Section 4. The Constitutional Commissions shall appoint their officials and employees in accordance with law. g. consti, art. Ix-b, sec. 1(2); art. Ix-c, sec. 1(2); art. Ix-d, sec. 1 (2) (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, a Commissioner for five years, and another Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the

unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, the Chairman shall hold office for seven years, one Commissioner for five years, and the other Commissioner for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. h. consti., art. Ix-b, sec. 6 Section 6. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Governmentowned or controlled corporations or in any of their subsidiaries. i. consti, mart. Ix-b, sec. 7 Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries. j. consti art. Xi, sec. 6 Section 6. The officials and employees of the Office of the Ombudsman, other than the Deputies, shall be appointed by the Ombudsman, according to the Civil Service Law. k. consti., art. Xi, sec. 9 Section 9. The Ombudsman and his Deputies shall be appointed by the President from a list of at least six nominees prepared by the Judicial and Bar Council, and from a list of three nominees for every vacancy thereafter. Such appointments shall require no confirmation. All vacancies shall be filled within three months after they occur. 3. Under existing laws- Unless constitutionally prohibited, Congress may add qualifications and disqualifications to those provided in the Constitution but it is not within its power to supersede or alter them. When appointment deemed complete 1. not subject to confirmation- where the power of appointment is absolute. 2. subject to confirmation- commission can issue only when such assent or confirmation is obtained. 3. approval by the CSC- Appointment to the positions in the CSC must be submitted to the CSC for approval a. Where the appointee is a qualified service eligbilie, the CSC has no choice but to attest to the appointment. Attestation is merely a check to assure compliance with Civil service law. -however, the appointment is subject to the condition that if the commissioner of Civil service would later on reject the appointment by reason of lack of eligibility, then the appointment shall lapse despite attestation. b. it has been held however, that the acts of appointing power and the approval of the commission acting together consecutivey, are necessary to make an appointment complete. - the Confirmation or attestation of the appointment by the CSC doesnt complete the appointment since such attestation although an essential aprt of the appointing process, serves merely to assure the eligibility of the appointee. Acceptance of Appointment 1. not necessary to a completion or validity of appointment- unless there is an express provisoin of the law to the contrary. 2. necessary to possession of office. necessary to enable the appointee to have full possession, enjoyment and responsibility of an office. - An appointee cannot impose his own conditions for the acceptance of a public office. He may only either accept or decline it. Form of acceptance 1. Express- best evidence: taking the oath 2. Implied- when the appointee enters upon the exercise of the duties and functions of an office. Obligation of Elected or Appointed Individual to accept office

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1. Generally not subject to compulsion. - RPC imposes a penalty upon any person who having been elected by popular election to a public office, shall refuse without legal motice to be sworn in or discharge the duties of said office. 2. obligation in the nature of social duty Necessaity of written Appointment 1. View that appointment should be evidnced by a writing 2. contrary view o Venencia v. peralta: it was incumebent upon petitioner to clearly prove what kind of appointment was made. Indeed, the better rule requires some kind of written memorial that could render title to public office indubitable. Revocation of Appointment: 1. Where appointment final and complete:once made and complete is not subject to reconsideraion or revocation. Exception: an officer is removable at will of the appointing power. 2. Where appointee has assumed position- the moment the appointee assumes a position under a completed appointment approved by the CSC, he acquires a legal, not merely equitable right, which is protected not only by statute, but also by the consituttion, and it cannot be taken away from him, either by revocation or by removal except for cause, and with previous notice and hearing, consistent with the COnsitution and with the consitutitonal requirements of dure process. B. Appointments by the President Power of Appointment of the president Consti, Art. Vii, sec. 16 Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress. - Under the above provision, there are 4 groups of officials whom the president is authorized to appoint, namely: 1. First, the heads of the executive departments, ambassadors, other public ministers and consuls, officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution; - Other officers referred to are: a. JBC Consti, art. Viii, sec. 8(2) b. Chairman and Commissioners of CSC: art. Ix-b, sec. 1(2) c. Chairman and Commissioners of COMELEC: art. Ix-c. sec.1 (2) d. Chairman and Commissioners of COA: art. Ix-c, sec. 1(2) e. embers of the regional consultative commission: Art. X, sec. 18 Second, all other officers of the Government whose appointments are not otherwise provided for by law; - refer to offices creted by congress where the latter omits to provide fo rhte appointment to said office 3. Third, those whom the President may be authorized by law to appoint; - such as heads of GOCC, undersecretaries, heads of bureaus and offices and other officials 4. Fourth, officers lower in rank 4 whose appointments the Congress may by law vest in the President alone 2.

Appointment by other officials Consti, art. Vii, sec. 16 Section 16. The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the Government whose appointments are not otherwise provided for by law, and those whom he may be authorized by law to appoint. The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards. The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress. - the phrase doesnt include heads of bureaus and offices not specifically mentioned in the constitution as among those to be appointed by the President who are subordinates of Cabinet members. By law, their appointments are vested in the President. Kinds of presidential appointments 1. regular: made while congress is in session, mere nominations subject ot confirmation by the Commission on Appointments 2 ad interim: those made while Congress is not in session or during its recess 3. permanent: those which last until they are lawfully terminated and 4. temporary or acting: those which last until a permanent appointment is issued. - consti, art. Vii, sec. 5(6) Ad interim appointments nd Consti, art. Vii, sec. 16 (2 par.) The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of the Congress. - compulsory recess: takes place when congress adjourns -voluntary recess: takes place before adjournment of Congress, like a Christmas recess. ! under the constitution, the Commissino on Appointments meets only while congress is in session. The recess appointment power keeps in continuous operation the business of government when congress isnot in session. But the appointment shall cease to be effective upon rejection by the commission, or if not acted upon, at the adjournment of the next session, regular or special of Congress. Temporary or acting appointments - GR: power to appoint vested in the president includes the power to make temporary or acting appointments unless he is otherwise prohibited by law e.g. member of CSC, COMELEC, COA cannot be appointed in a temporary or acting capacity. - cannot be confirmed by Commission on Appointments - has no personality to bring a quo warranto action - ad interim appointment is permanent in nature and not a mere termporary appointment. However, it may be recalled or revoked by the president before confirmation. Designation: mere imposition of new or additional duties upon an officer to be performed by him in a special manner while he performs the function of his permanent office. - does not entitle the officer to additional benefits, no security of tenure. Steps in the appointing process: 1. Nomination- exclusive prerogative of the President o Rafael v. EACIB: Congress may increase the powers and duties of an existing office without rendering it necessary that the incumbent should again be nominated and appointed. 2. Confirmation- power belongs to Congress - no appointment yet in the strict sense until it is confirmed. 3. Issuance of Commission- a written authority from a competent source given to the officer as his warrant for the exercise of the powers and duties of the office to which he is commissioned. C. Appointments in the Civil Service The Civil Service System 1. Scope- Consti, art. 14-b, sec. 2 (1) 2. purpose- application of the merit system instead of the spoils system Classification of positions in the CSC: PD 807 1. Career service: Section 5. The Career Service shall be characterized by (1) entrance based on merit and fitness to be determined as far as practicable by competitive

Confirmatino of Appointments by Commision on Appointments - only the officers in the first group above are appointed with the consent of the Commission. Congress cannot by law require confirmation of appointments of other officers. - no confirmation required: 1. members of SC, including SB and TanodBayan and his deputies consti, art. Viii, sec. 9; art. Xi, sec. 4 2. VP appointed as member of the Cabinet consti, art. Vii, sec. 3 3. Chairman and Members of the CHR art. Xiii, sec. 17 - power to appoint them is with the president

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examinations, or based on highly technical qualifications; (2) opportunity for advancement to higher career positions; and (3) security of tenure. The Career Service shall include: 1. Open Career positions for appointment to which prior qualification in an appropriate examination is required; 2. Closed Career positions which are scientific or highly technical in nature; these include the faculty and academic staff of state colleges and universities, and scientific and technical positions in scientific or research institutions which shall establish and maintain their own merit systems; 3. Positions in the Career Executive Service; namely, Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President; 4. Career officers, other than those in the Career Executive Service, who are appointed by the President, such as the Foreign Service Officers in the Department of Foreign Affairs; 5. Commissioned officers and enlisted men of the Armed Forces which shall maintain a separate merit system; 6. Personnel of government-owned or controlled corporations, whether performing governmental or proprietary functions, who do not fall under the non-career service; and 7. Permanent laborers, whether skilled, semi-skilled, or unskilled. 2. Non- Career Serive: Section 6. The Non-Career Service shall be characterized by (1) entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; and (2) tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made. The Non-Career Service shall include: 1. Elective officials and their personal or confidential staff; 2. Department Heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their personal or confidential staff(s); 3. Chairman and members of commissions and boards with fixed terms of office and their personal or confidential staff; 4. Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency; and 5. Emergency and seasonal personnel. Classes of positions in the career service: classes includes all positions in the government service that are sufficiently similar as to duties and responsibilities and require similar qualifications that can be given the same title and salary and for all administrative compensation purposes, be treated alike. PD 807, SEC. 7 Section 7. Classes of Positions in the Career Service. (a) Classes of positions in the career service appointment to which requires examinations shall be grouped into three major level as follows: 1. The first level shall include clerical, trades, crafts, and custodial service positions which involve non-professional or subprofessional work in a nonsupervisory or supervisory capacity requiring less than four years of collegiate studies; 2. The second level shall include professional, technical, and scientific positions which involve professional, technical, or scientific work in a non-supervisory or supervisory capacity requiring at least four years of college work up to Division Chief level; and

3. The third level shall cover positions in the Career Executive Service. (b) Except as herein otherwise provided, entrance to the first two levels shall be through competitive examinations, which shall be open to those inside and outside the service who meet the minimum qualification requirements. Entrance to a higher level does not require previous qualification in the lower level. Entrance to the third level shall be prescribed by the Career Executive Service Board. (c) Within the same level, no civil service examination shall be required for promotion to a higher position in one or more related occupational groups. A candidate for promotion should, however, have previously passed the examination for that level. Constitutional Classification CONSTI., ART. IX-B, SEC. 2(2) (2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination. 1. competititve- according to merit and fitness 2. non-competititve- policy determinining, primarily confidential Determination of Merit and fitness by competitive examination Exemption from rule of non-competitive competition 1. policy-determining: occupant is vested with the power of formulating policies for the government or any of its agencies, subdivisions, or instrumentialities. 2. primarily confidential: occupant enjoys more than the ordinary confidence in his aptitutde of the appointing power but bears primarily such close intimacy which insures freedom of intercourse without embarrassment or freedom from misgiving of betrayal of personal trust on confirdential matters of state. - it is the nature of the position which finally determines whether a position is primary confidential. (e.g. security guard) - termination of hteir official relation can be justified on the ground o floss of confidence bcause in that case, their cessation from office involves no removal but merely the expiration of the term of office. o De los santos v. Mallari: proximity rule- where the position is already remote from that of the appointing authority, the element of trust between them is no longer dominant. 3. Highly technical: occupant is required to possess skill or training in the supreme or superior degree Qualification standards in the Civil Service - expresses the minimum requirement for a class of positions in terms of education, training and experience, civil service eligibility, physical fitness, and other qualities required for successful performance. - offsetting of deficiencies allowed. Kinds of appointment in the career service - depends on nature of the appointment extended, which depends on the eligibility of the appointee or his lack of it, and not the nature of the position filled. 1. Permanent: one which is issued to a person who meets all the requirments for the position to which he is appointed, in accordance with the provisions of law and the rules and standards promulgated, it lasts until lawfully terminated 2. Temporary or acting: issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility; it shall not exceed 12 months. The appointee may be replaced sooner if a qualified civil service eligible becomes available. Instances of temporary Appointment - the subsequent acquisition of the required eligibility will not make a temoporary appointment regular or permanent. A new appointment, not merely reinstatement is needed. A permanent appointment is not a continuation of the temporary appointment or they are 2 distinct acts of the appointing authority. - the appointment is termporary only and the appointee can be replaced even by non-eligible whenver there is no civil service eligible actually available and ready to accept appointment. e.g. officer in charge, appointment held at the pleasure of the appointing powertemporary in nature. Separation of Temporary Employees - can be terminated or withdrawn at the pleasure of the appointing authority, without notice or hearing, or at a moment notice, and regardless of grounds or reasons. The appointee can be transferred without violating the constitutionally guaranteed security of tenure. CONSTI, ART. IX-B, SEC. 2(6) - separation should only be made for justifiable cause. - doesnt grant a blanket authority to the appointing power to remove him at any time without cause where the appointment is for a definite period. Qualification in an appropriate examination PD 807, sec. 19 (7) (8)

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7. Qualification in an appropriate examination shall be required for appointment to positions in the first and second levels in the career service in accordance with the Civil Service rules, except as otherwise provided in this Decree: Provided, That whenever there is a civil service eligible actually available for appointment, no person who is not such an eligible shall be appointed even in a temporary capacity to any vacant position in the career service in the government or in any government-owned or controlled corporation, except when the immediate filling of the vacancy is urgently required in the public interest, or when the vacancy is not permanent, in which cases temporary appointments of non-eligibles may be made in the absence of eligibles actually and immediately available. 8. The appropriate examinations herein referred to shall be those given by the Commission and the different agencies: Provided, however, That nothing herein shall affect those eligibles acquired prior to the effectivity of this Civil Service Law: Provided, further, That a person with a civil service eligibility acquired by successfully passing an examination shall be qualified for a position requiring a lower eligibility if he possesses the other requirements for appointment to such position. -issuance/ revocation of certificate of eligibility: the Commissions power to issue certificate of eligibility carries with it the power to revoke a certificate for being null and void, and it may do so motu-proprio without notice and hearing to the examinee. Approval of appointments by the CSC 1. Appointments required to be approved - exceptions: presidential appointments, AFP, police forces, firemen, jail guards 2. Right of appointee to a hearing in case of disapproval- need not be previously heard since the action does not involve the impositionof an administrative disciplinary measure upon hi. Afforded an opportunity through filing MR. - it may recall on its own initiative the erroneous intial approval of an appointment and review the same de novo. 3. Effectivity of appointment until disaprroval - without prejudice tot eh liability of the appointing authority for appointments issued in violation of existing laws or rules. - Sec. 11, Rule V of Omnibus Rules :an appointment not submitted to the Commission within 30 days from the date of issuance shall be ineffective. 4. Criterion to be employed 5. Extent of Commissioners authority- limited to reviewing appointments, approving or disapproving them in the light of the requirements of the law. It may order reinstatement of an illegally demoted or dismissed Employee. 6. Attestation of appointment-once this function is discharged, its participation in the appointment process ceases. - purpose of attestation: to determine whether the appointee possesses that requisite civil service eligibility. 7. keeping of records of all appointments 8. recall of appointment-an appointment accepted cannot be withdrawn by the appointing authority until disapproved by the Commission. The latter is authorized to recall appointment initially approved but only when such appointment and approval and proven to be in disregard of applicable provisions of civil service law and regulations. 9. Grounds for recall: a. non-compliance with the procedures/criteria provided in the agencys merit promotion plan. b. failure to pass through the agencys selection/ promotion board c. violation of the existing collective agreement between management and employees relative to promotion d. violation of other existing civil service law, rules and regulations Appointment through certification - shall be issued to a person who has been selected from a list of qualified persons certified by the Commission from an appropriate register of eligibles and who meets all other requirements of the position. - all such person must serve a probationary period of 6 months following their original appointment and shall undergo a thorough character investigation in order to acquire a permanent civil service status. D. Vacancy Meaning of vacancy: when an office is empty and without a legally qualified incumbent appointed or elected to it with a lawful right to exercise its powers and perform its duties. Existence of Physical Vacancy not essential Appointment to a non-vacant position- there can be no appointment to a nonvacant position. Classification of vacancy: 1. Original: office is created an no one has been appointed to fill it 2. Constructive: when the incumbent has no legal right or claim to continue in office and can be legally replaced by another functionary

3. 4.

Accidental: when the incumbent having died, resigned, or been removed, there is no in esse discharging the duties of the office Absolute: term of an incumbent having expired and the latter not having held over, no successor is in being who is legally qualified to assume the office.

Causes of Vacancy Filing of anticipated vacancies: 1. Generally- Where a public officer resigns in his office to take effect at a future day, and his resignation is accepted, the appointing power being, as then organized, authorized to fill the vacancy when it shall occur, may appoint a successor, the appointment to take effect when the resignation becomes operative. 2. Where appointment to take effect after expiration of appointing power: appointing power cannot forestall the rights and prerogatives of their successors by appointing successors to offices expiring after its power to appoint has itself expired. E. Qualifying to Office Qualification as an act to an office. e.g. taking and often of subscribing and filing of an official oath, and in some cases, of the giving of an official bond. o Quiatchon v. Villanueva: the reckoning point in determining the qualification of an appointee is the date of issuance of the appointment and not the date of its approval by the CSC or the date of rsolutoin against it. Effect of failure to qualify: would be deemed evidence of a regusal of the office Oath of office for public officers and employees 1. under the constitution 2. Under the admin code of 1987 3. under the LGC Neccesity of an oath of office- an oath of office is a qualifying requirement for a public office, a prerequisite to the full investure with the office; it need not be in writing or be subscribed by the affiant. - although the law requires taking of an oath, it is not indispensable. It is mere incident to the office and constitutes no part of the office itself. - President, VP and acting President, cannot enter on the execution of his office without taking prescribed oath or affirmation. It is mandatory Public officers and employees required to give bonds: purpose is to protect public funds Nature of official Bonds 1. an indemnity bond rather than a penal or forfeiture bond 2. required not for the benefit of the office holder, but for the protection of public interest 3. collateral security for the performance of the officers duty. Necessity of Giving official bonds: 1. Requirement, a mere incident of office 2. Where time prescribed within which to give bond= considered to be directory only and not mandatory. - failure to give bond does not ipso facto work a forfeiture of his office. - the rule is different where the giving of a bond is expressly made a condition precedent. The office will be regarded as vacated when the required bond is not given within the time limited. F. De Facto Officers De facto doctrine: a person who, by the proper authority, is admitted and sworn into office is deemed to be rightfully in such office until, by judicial declaration in a proper proceeding, he is ousted therefrom, or his admission thereto is declared void. Basis and reason for the doctrine 1. fear of chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question. 2. seeks to protect public by insuring the orderly functioning of the government despite technical defects in title to office. De facto officer defined: one who is in possession of an office in the open exercise of its functions under color of an election or an appointment even though such election or appointment may be irregular or informal. De jure officer defined: one who has the lawful right to the office in all respects, but who has either been ousted from it, or who has never actually taken possession of it..

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Requirements to become officer de jure: 1. must possess the legal qualifications for the office 2. lawfully chosen to such office and 3. must have qualified himself to perform the duties of such office according to the mode prescribed by the Constitution or alw. Officer de jure and Officer De facto distinguished De Jure De Facto Rests on right Rests on reputation Has lawful right or title tot eh office Has possession and perform the duties under color or right or authority without being technically qualified Cannot be removed in a direct May be ousted in a direct proceeding proceeding - Whilre there can be no de facto officer where there is no de jure office, there may be a defacto officer in a dejure office. Usurper or intruder defined: one who takes possession of the office and undertakes to act officially without any color of right or authority, either actual or apparent. De facto Has color of right or title Assumes to exercise his functions where the public does not know nor ought to know his lack of title May be removed only in a direct proceeding All acts otherwise legitimate done are valid Intruder Has neither laful title nor color of right Assumes to act where the public knows or ought to knows that he is a usurper Can be ousted any time Acts are absolutely null and void

Chapter 4: Powers, Duties and Norms of Conduct of Public Officers Sources of power and authority of Public Office Consti, art. Ii, sec. 1 Authority of Public Officer not presumed Authority of Public Officer and Private Agents distinguished Ascertainment of authority of public officer-it is presumed that all persons having occasion to deal with a public officer have knowledge of his authority. Scope of power of a public officer: 1. expressly conferred upon him by law under which he has been appointed or elected 2. expressly annexed to the office by the law which created it or some other law referring to it; or 3. attached to the office as incidents to it (may be implied from the wording of the law) Territorial limitation of authority of public officers 1. limited to territory where law has effect 2. action at a place not authorized by law ordinarily invalid. Duration of authority 1. Duration of term: can exercise no authority before his term begins or after it has terminated. 2. Where officer chosen to act in reference to a particular subject Construction of grant of powers- subject to strict inerpretation and will be construed as conferring those powers only which are expressly imposed or necessarily implied. Classification of powers and duties: 1. from their nature: a. ministerial: one which a person performs on a given statement of facts and in a prescribed manner, in obedience to the mandate of legal authority, without regard to, or the exercise of his own judgment upon the propriety or impropriety of the act done. b. Discretionary- require the exercise of reason in the adaptation of means to an end, and discretion in determining how or whether the act shall be done or the course pursued. 2. from the standpoing of the obligation of the officer to perform his power: a. mandatory- where they are for the benefit of the public or individuals. b. Permissive- time and mode in which public officers wil discharge their duties and those which are obviously designed merely to secure order, uniformity, system and dispatch. 3. from the standpoint of the relationship of the officer to his subordinates: a. power of control power to manage, direct or govern, including the power to alter or modify or set aside what a subordinate had done in the performance of his duties. b. power of supervision- power of mere oversight over an inferior body. Remedy to compel exercise of duty- mandamus Delegation of discretionary powers- unless the power to substitute another in his place has been given to him, a public officer cannot delegate his duties to another. o Torres v. Ribo: An officer to whom a discretion is entrusted cannot delegate it to another. Delegation of ministerial powers- performance of duties of this nature may, unless expressly prohibited, be properly delegated to another. - Where, however, the law expressly requires the act to be performed by the officer in person, it cannot, through ministerial be delegated to another. Time to perform official acts: 1. Where no time stated in statute- dut must be performed within a reasonable time 2. where time stated in statute- construed as directory unless the nature of the act to be performed or the language used evidences an intention to limit the power of the officer. Ratification of unauthorized acts -an act which was absolutely void at the time it was done cannot be ratified. If the act was merely voidable, it can be rendered valid. Judicial Review of official acts 1. where act involves exervise of discretionary power- court may not interfere 2. where act involves exercise of purely ministerial duty- may be compelled by mandamus or prevented by injunction 3. where act reviewed done without jurisdiction- it is for the courts to finally determine

A usurper may grow into an officer de facto it his assumption of the office is acquiesced in. This happens when he continues to act for so long a time as to afford a strong presumption that eh has been duly appointed or elected. Double occupancy of a single office- not allowed Elements of de facto officership 1. there must be a de jure office 2. there must be a color of right or general acquiescence by the public 3. Actual physical possession of the office in good faith. Office created under an unconstitutional statute 1. View that occupant not even officer de facto: an unconstitutional law is not a law; it confers no rights; it imposes no duties and affords no protection. 2. Contrary view: where an office is provided for by an unconstitutional statute, the incumbent for the sake of public policy and the protection of private rights, will be recognized as officer de facto until the constitutionality of the act has been judicially determined. Legal effects of acts of de facto officers 1. As regards the officers themselves- not sufficient that he be merely a de facto officer. The acts as far as he himself is concerned are void 2. As regards the public and third persons- valid as to third persons and the public until his title to office is adjudged insufficient. Public has a right to assume that officials apparently qualified and in office are legally such. Proceedings to try right or title of a de factor officer - quo warranto proceeding: may be instituted only by the person who claims to be entitled to the office or by the Sol Gen. Right to compensation of a de facto officer 1. General Rule- de facto officer cannot maintain an action to recover the salary or other emolmuments. Only an officer de jure can maintain an action for compensation. 2. Exception: One who becomes a public officer de facto withut bad faith on his part, and who renders the services required of the office, may recover the compensation provided by law for such services during the period of their rendition or retain the emoluments received during that time, or is legally entitled to the emoluments of the office. ! exception doesnt apply where the officer was not appointed but merely designated. Liabilities of de facto officer: held to the same degree of accountability for official acts as de jure officer. They cannot excuse responsibility for crimes committed in his official capacity by asserting that the was an officer de facto. - Where there is de jure officer, a de facto officer, during his wrongful incumbency is not entitled to the emoluments attached to the office, even if he occupied the office in good faith.

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Norms of conduct of public officials and employees 1. Public office is a public trust 2. Standards of personal conduct: a. commitment to public interest b. professionalism c. justness and sincerity d. political neutrality e. responsiveness to public f. nationalism and patriotism g. commitment to democracy h. simple living System of Incentives and rewards Duties of public officers as trustees for the public a. Duty to obey the law b. Duty to accept and continue in office c. Duty to accept burden of office d. Duty as to diligence and care e. Duties in choice and supervision of subordinates Duty to make financial disclosure Consti, art. Vi, sec. 12 Consti art. Xi, sec. 17 Specific duties of public officials and employees 1. Act promptly on letters and requests 2. Submit annual performance reports 3. Process documents and papers expeditiously 4. act immediately on the publics personal transactions 5. Make documents accessible to the public. Actions on requests and petitions: within 15 working days from receipt thereof Processing Papers and documents: within reasonable time Singing of any written action or decision Public Disclosure of statements of assets and liabilities - All public officials and exmployees, except those who serve in an honorary capacity, laborers and casual or temporary workers shall file SALN When to file: 1. within 30 days after assumption of office 2. on or before April 30 of every year thereafter 3. within 30 days after separation from service th - relatives include those up to the 4 civil degree of relationships, either of consanguinity or affinity, including bilas, inso and balae. Transparency of transactions and access to information Reforms on Public administrative system: 1. conduct value development programs 2. Conduct professional, etc. programs 3. conduct studies and analyses of work systems 4. develop and make available a service guide 5. consult the public for feedback and suggestions 6. conduct research and experimentation 7. designate a resident ombudsman 8. consult dialogue with staff Chapter 5: Rights and Privileges of Public Officers A. In general Rights incident to public office-measured by the constitution or law Rights as Citizen: 1. Protection from publication commenting on his fitness and the like - not entitled to the same protection from publications as is accorded to ordinary citizen 2. engaging in certain political and business activities - may require public employees to suspend or refrain from certain political or business activities. B. Right to compensation 1. power primarily but not exclusively legislative in character 2. power may be delegated subject to statutory limitations. Compensation, not an element of public office Form of compensation defined and distinguished

Compensation: pay for doing all that may be required of the official, whether it is in the form of a fixed salary or wages, per diems. o GSIS v. CSC: GS Insurance Act defines compensation as the basic pay or salary received by an employee pursuant to his employment, exclusing per diems. Bonuses, overtime pay and allowances. But what ought to be controlling should be the nature of the remuneration rather than the label attached to it. While there can be no dispute that the law exepts per diems from the definition of compensation, the amounts received and denomited as per diem may be construed as compensation or allowance within the contemplation of law. Honorarium: given not as a matter of obligation but in appreciation of services rendered, a voluntary donation in consideration of services which admit of no compensation in money. Salary: personal compensation to be paid for him for his services,a nd is generally a fixed annual or periodical payment depending on the time and not on the amount of services he may render; compensation per annum. Wages: paid day by day or week by week Per diem: daily allowance given for each day an officer is away from her home basie. Its usual signification is as a reimbursement for extra expenses by public official in the performance of his duties. o GSIS v. CSC: per diems received by the respondent during ht period that she acted in hold-over capacity as provincial vie-governor on a full-time basis were in the nature of compensation or remuneration for her services as such, rather than as a reimbursement for incidental expenses. - not deemed to be a salry within a constitutional provision that no change in the compensation of officers shall affect the salary of any officer during his existing term. Emolmuments: profit arising from office, that which is received as compensation for services or which is annexed to the office as salary, fees, or perquisites. It may import more than salary or fees. - allowances such as representaitno and transportation, ohusing etc are included in the term emoluments. o Intia v. COA: RATA is a form of allowance intended to defray expenses of certain officials deemed unavoidable in the discharge of office. It is distinct from salary Basis of right to compensation 1. Creation of law. 2. services rendered- right to compensation grows out of rendition of services 3. compensation fixed by law- if no compensation, ee is presumed to have accepted the office to serve gratuitously 4. legal title to toffice 5. amount of compensation Article ix-b, sec. 5 - law emoloys the scheme known as grade: all classes of positions which, although differently with respect to kind or subject matter of work, are sufficiently equivalent as to level of difficulty and responsibilities and level of qualification requirements of the work to warrant the inclusion of such classes of positions within one range of basic compensation. - it is the employees grade that determines his or her salary. 6.ex officio position- official has no right ot receive additional compensation for his services in the said position. Recovery of compensation 1. from the government: - a de jure officer cannot for the most part recover from the governemtn salary which has been paid to a de facto officer. - but where the government continues to pay the officer de facto after the notice o fadjudication of the protest, the de jure may recover from the government. 2. from the de facto officera de jure officer can recover either from the government or the de facto officer the amount paid to the de facto officer for services rendered after notice of adjudication of title. - where tenure is wrongful, the salary received by him may be recovered. 3. from the intruder or usurper- no right to the salary; becomes liable for them to the de jure officer in an action for money he had received. o Rodriguez v. tan: de facto officer ousted as a result of election protest entitled to compensation for services rendered. o Monroy v. CA: Where a mayor withdrew his certificate of candidacy for Congressman and then reassumed his position of the mayor, thus preventing the vice-mayor from discharging the duties of the position of mayor, the mayor should re imburse to the vice-mayor as the rightful occupant of the position of the maor the salaries which he had received. Salary not subject to garnishment Garnishment: a species of attachment for reaching credits belonging to the judgment debtor owing to him from a stranger to a litigation. -salary cannot be seized before being paid to him and appropriated for the payment of his debts. Reasons: 1. money belongs to government

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2. public policy forbids such practice since it would be fatal to public service. The public services rendered by the state cannot be allowed to be paralyzed by diversion of public funds from their legitimate objects as appropriated by law. 3. the garnishmnet is tantamount to a suit against the state in its own court Agreements affecting compensations The following propositions have reference to unperformed services and the salary or fees attached thereto. After services have been rendered and the compensation earned, the officer can ordinarily contract with respect to such compensation as he may see fit. 1. agreement to accept or acceptance of less or other than legal compensationillegal whether made in good faith or not. 2. sale, assignment or barter- prohibited 3. dividing compensation with others invalid; the rule is otherwise where the agreement amounts merely to an arrangement between the partners as to the manner in which the salary or fees for the office shall be disposed of after they are earned or paid. Prohibition against diminution of salary CONSTI, ART. VI, SEC. 6 CONSTI, ART. VIII, SEC. 10 CONSTI, ART. IX-A, SEC. 3 CONSTI, ART. XI, SEC. 10 CONSTI, ART. VI, SEC. 10 Prohibition against receiving additional, double or indirect compensation CONSTI, ART. IX-B, SEC. 8 Prohibition doesnt apply: 1. payment is specifically authorized by law in indiviual instances where the payment of such compensation appears not only just but necessary 2. additional compensation is received not from the government 3. there are 2 distinct offices, each of which has its own duties and compensation, in which case both may be held by one person at the same tim. -Pensions or gratuities are not considered under the constitution as additional, double or indirect compensation. Free voluntary service to the government Requirements: 1. issuance of an appropriate document 2. fitness and suitability for the duties and responsiblities of the particular position 3. compliance wihthte rule on nepotism. C. Other rights Rights under the Constitution 1. Right to self-organizatoin 2. righ tot protection of temporary employees 3. freedom of members of congress from arrest and from being questioned. Consti, art. Vi, sec. 11 4. right not to be removed or suspended except for cause provided by law. Participation in prohibited activity or mass action - may be allowed and shall not be deemd prohibited so long as such would not result in disruption of work. - no right to bargain collectively with the government or to egange in cocerted activities including the right to strike. - government employees have however, the right to collective negotiation in accordance with law. Rights Under Civil Service Decree and the new administrative Code 1. right to preference in promotion 2. right to present complaints and grievances 3. right not to be suspended or dismissed except for cause as provided by law and after due process 4. right to organize Next-in-rank rule 1. not a mandatory requirement: one who is next in rank to a vacancy is given preferential consideration for promotion to a vacant position but it doesnt necessarily follow that he alone and no one else can be appointed. Personnel Actions: any action denoting movement or progress of personnel in the civil service. 1. Appointment through certification: issued to a person who has been selected from a list of qualified persons certified by the CSC form an appropriate register of eligiblies and who meets all other reuqirements of the position. 2. promotion- advancement from one position to another with an increase in duties and responsiblities as authorized by law and usually accompanied by an increase in pay. - there is no law that compels an ee to accept a promotion for the reason that it is in the nature of a gift or reward, which a person has a right to refuse. 3. transfer- movement from one position to antoher which is of equivalent rank, level or salary without break in service invovlgin the issuance of an appointment

- detail: transfer from one department or agency to another - reassignment- transfer from one organizational unit to another in the same department or agency - temporary transfer is permissible even without the employees prior consent. o Vinzons-Chato v. Natividad: not a transfer because it was made in pursuant of public need 4. Reinstatement- restoration to a state or condition from which one has been removed or separated. 5. Reemployment- names of persons who have been appointed permanently to position sin the career service and who have been separated as a result of the reduction in force and/ or reorganization, shall be entered in a list from which selection or reemployment shall be made. 6. detail- movement of an employee from one department or agency to another without the issuance of an appointment and shall be allowed only for a limited period in the case of exmployees occupying professional, rechnical and scientific positions. 7. reassignment- an ee may be reassigned from one organizational unit to another in the same department but such reassignment shall not involve reduction in rank or status. A reassignemnt does not require the issuance of an appointment. 8. demotion- movement from one position to another involving the issuance of an appointment with diminution in duties, responsibilities. Rights under Revised Government Service Insurance Act - does not vocer those who receive per diems or honoraria are not covered - Retirement shall be compulsory at age 65. Unless the service is extended by appropriate authorties, retirement shall be compulsory for an employee at 65 years of age with atleast 15 years of service. If he has less than 15 years of service, he sall be allowed to continue in the service to complete the 15 years of service (Cena v. CSC)?? Pensions defined: regular allowances paid to an individual or group of individuals by the governemtn in consideration of services rendered or in recognition of merit, civil or military. o Rabor v. CSC: limited the extension for mandatory requirement to 1 year. CENA ruling overturned. Nature and purpose of pension - not a gratuity but a form of deferred compensation. - partakes of the nature of retained waiges for a double purpose: 1. to entice or encourage competent employees to enter or remain in the service 2. to allow the ees who have become incapacitatetd by illness to continue discharging his duties to retire from the service with a relative financial security. Pension and gratuity distinguished: Gratuity: a donation and act of pure liberality Pension: mora than an act of generosity, an act of justice emanating from the desire to provide adequate compensation for services already rendered. o GSIS v. COA: retirement pay accruing to a public officer may not be withheld and applied to his indebted ness to the government. Construction of retirement laws- liberally construed in facor of persons intended to be benefited by them o Santiago v. COA: Appointment is the selction by the proper authority of an individual who is to exercise the functions of a given office, designation: connotes merely the imposition of additional duties, usually by law, upon a person already in the pblic service by virtue of an earlier appointment o GSIS v. CSC: NO deductions were made from the salaries of a vicegovernor availing of retirement benefits during the period that she served as scuh. Court nevertheless ruled that petitioner is entitled to GSIS benefits. THe court ruled that non payment may be rectified by deducting a reasonable amount corresponding to the contribtuions which should have been deducted during the period from the amount of retirement benefits accruing to them. o Brion v. South Philippine Union Mission of the Seventh Day Adventist Church: Must the conditions of eligibility for retirement be met only at the time of retirement or are these conditions continuing ones which must be complied even after one has retired? No. Conditions of eligibility for retirement must be met at the time of retirement at which juncture the right to retirement benefits or pension vests in him. Right to reimbursement and indemnity Right to reinstatement and back salary 1. Right to removal or suspension lawful- not entitled to compensation 2. where removal or suspension unlawful- he might recover, and that the amount that he had earned in other employment during his unlawful removal should not be deducted from his unpaid salary. - under existing jurisprudence, the award of backwages is limited to a maximum period of 5 years and not to full back salaries from illegal termination up to reinstatement. But an officer claiming back his office is not entitled to salary during pendency f the case. 3. Where suspended employee later found innocent

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- a partys claim for backwages may be the appropriate subject of an ordinary civl action not mandamus. 4. where employee not completely exonerated or reinstatement not the result fo exoneration- not entitled to paument 5. where another appointed to position of illegally dismissed or suspended employee 6. duty of plaintiff seeking reinstatement to prove his right to office. 7. right to reinstatement to former or at least comparable position 8. duty to act with reasonable diligence in asserting right to reinstatement. -quowarranto and claim for back salaries: subject ot the prescriptive period of 1 year. 9. where pardo extended to convicted employee - a pardon unless expressly grounded on the persons innocence or unless the right ot public office is expressly restored by it, does not ipso facto restore a convicted felon to public office. It emrely resotres his eligibility for appointment o Gloria v. CA: during preventive suspension, not entitled to back wages, during preventive suspension pending appeal, entitled to backwages o Pagcor v. Salas: confidential position; in nature and proximity rules Rights to property, devices, and inventions Right to recover reward for performance of duty -officer not permitted unless expressly authorized by law, to recover a reward offerd by the public fo rhte performance of an act which was part of his official duty. Ex. NIRC- informers reward Chapter 6: Disabilities and Inhibitions of Public Officers Disabilities of President , Vice- President, Member of Cabinet and their Deputies and Assistant Consti, art. VII, sec. 13 Section 13. The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not, during his tenure, be appointed as Members of the Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including governmentowned or controlled corporations and their subsidiaries. Exceptions: 1. VP may be appointed as member of Cabinet without confirmation by COA 1. a rep of Congress shall be an exofficio member of JBC 3. NEDA shall be headed by the President Disabilities of Members of Congress Consti, art. Vi, sec. 13 Section 13. No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected. Consti, art. Vi, sec. 14 Section 14. No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government, or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation, or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the Government for his pecuniary benefit or where he may be called upon to act on account of his office. A. Disqualifications to hold any office or employment in the government Congress is disqualified to hold two classes of office namely: 1. incompatible office the phrase any other office or employment, includes any position in the government outside of Congress, including ex officio membership of any noncongressional body, committee or commission in any guise whatsoever, unless the second office or employment is connected with or in aid of legislative duties. 2. forbidden office

- refers to any office created or the emolments of which have been increased during the term for which he was elected, not merely during his tenure or period of actual incumbency B. Prohibition against financial interest 1. Appearance as counsel before any court of justice- shall not appear personally as counsel 2. financial interest in any contract with the government- financial interest in such contract by the spouse is indirect financial interest . But it does not extend to such contract entered into by a son or brother of a member of Congress unless used as dummy or the member is pecuniarlily interested in the contract. 3. fininancial interest in any special privilege by the government 4. intervention in certain matter. Disabilities of members of constitutional commission Consti, art. Ix-a, sec. 2 Section 2. No member of a Constitutional Commission shall, during his tenure, hold any other office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which, in any way, may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government, any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries. Prohibition against designation of memebrs of judiciary to administrative positions Consti, art. Viii, sec. 12 Section 12. The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions. Prohibition against engaging in partisan political activities Consti, art. Ix-b, sec. 2(4) (4) No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign. - Civil service, as used in sec. 2(4), refers only to career service. Elective officials and members of the cabinet who are holding political offices are not embraced in the prohibition Consti, art. Xvi, sec. 5(3) 3) Professionalism in the armed forces and adequate remuneration and benefits of its members shall be a prime concern of the State. The armed forces shall be insulated from partisan politics. No member of the military shall engage, directly or indirectly, in any partisan political activity, except to vote.

Prohibition against appointment of elective officials Consti, art. Ix-b, sec. 7 Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries. ! only refers to tenure the disqualification incapacitates the incumbent from accepting or holding a seconf office, and renders his appointment to the latter office void; hence, he doesnt forfeit his elective office. He may be appointed provided he first resigns his seat. Prohibition against holding more than one position by appointive officials Consti, art. Ix-b, sec. 7 Section 7. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including Government-owned or controlled corporations or their subsidiaries. In the first case (when allowed by law), the positions may be totally unrelated to each other. In the second case (when functions are related), the prohibition does not apply even in the absence of an enabling law. Prohiibiton agasint aceptane of any present, etc. from any foreign state Consti, art. Ix-b, sec. 8 Section 8. No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office, or title of any kind from any foreign government.

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Pensions or gratuities shall not be considered as additional, double, or indirect compensation. What is prohibited is acceptance of a present officially offered by the government of a foreign state. Prohibition against receiving additional, double or indirect compensation Consti, Art. Ix-b, sec. 8 Prohibition agasint appointment of memebrs of the AFP to certain positions Consti, art. Xvi,sec. 5(4) (4) No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the Government, including government-owned or controlled corporations or any of their subsidiaries Prohibition against grant of loan, guaranty or other form of financial accommodation Consti, art. Xi, sec. 16 Section 16. No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any governmentowned or controlled bank or financial institution to the President, the VicePresident, the Members of the Cabinet, the Congress, the Supreme Court, and the Constitutional Commissions, the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure. Note: prohibition doesnt apply if: 1. interest is less than 51% 2. Loan is not for a business purpose e.g. housing 3. after tenure of office B. Under Existing Laws Prohibitions imposed on civil service officers or employees Civil Service Decree: 1. Political Activity 2. Additional or double compensation- no elective or appointive public officer 3. limitation on employment of laborers 4. Prohibition on detail or reassignment- none shall be made within 3 months before any election 5. nepotism- made in favor of a relative of the appointing or recommending authority or of the chief of the bureau or office, or of the persons exercising immediate supervision over him are prohibited. rd -relative: related wihtihn the 3 degree either of consanguinity or of affinity. The prohibition is subject to exceptions. Prohibitions imposed on Local government officials RA 7160, secs. 89-90 Sec. 89. Prohibited Business and Pecuniary Interest. (a) It shall be unlawful for any local government official or employee, directly or indirectly, to: (1) Engage in any business transaction with the local government unit in which he is an official or employee or over which he has the power of supervision, or with any of its authorized boards, officials, agents, or attorneys, whereby money is to be paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources of the local government unit to such person or firm;cralaw (2) Hold such interests in any cockpit or other games licensed by a local government unit;cralaw (3) Purchase any real estate or other property forfeited in favor of such local government unit for unpaid taxes or assessment, or by virtue of a legal process at the instance of the said local government unit;cralaw (4) Be a surety for any person contracting or doing business with the local government unit for which a surety is required; and (5) Possess or use any public property of the local government unit for private purposes. chanroblesvirtuallawlibrary (b) All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest so provided for under Republic Act Numbered Sixty-seven thirteen (R.A. No. 6713) otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees" and other laws shall also be applicable to local government officials and employees. Sec. 90. Practice of Profession. -

(a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives. (b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That sanggunian members who are also members of the Bar shall not: (1) Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party;cralaw (2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office. (3) Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and (4) Use property and personnel of the government except when the sanggunian member concerned is defending the interest of the government. chanroblesvirtuallawlibrary (c) Doctors of medicine may practice their profession even during official hours of work only on occasions of emergency: Provided, That the officials concerned do not derive monetary compensation therefrom RA 7160, sec. 93 Sec. 93. Partisan Political Activity. - No local official or employee in the career civil service shall engage directly or indirectly in any partisan political activity or take part in any election, initiative, referendum, plebiscite, or recall, except to vote, nor shall he use his official authority or influence to cause the performance of any political activity by any person or body. He may, however, express his views on current issues, or mention the names of certain candidates for public office whom he supports. Elective local officials may take part in partisan political and electoral activities, but it shall be unlawful for them to solicit contributions from their subordinates or subject these subordinates to any of the prohibited acts under the Omnibus Election Code Prohibitions against purchase of certain property at public auction CC art. 1491 CC, art. 1492 -for the prohibition to operate, the sale or assignment must take place during the pendency of the litigation involving the property; although it may be improper under the cannons of judicial ethics. Prohiibtions imposed on the Governor personnel of the central bank 1. outside interest of the governor and full-time monetary board 2. personnel Prohibitions imposed on internal revenue officers or employees Prohibited acts and transactions under the Anti-Graft Practices act. Ra 3019, sec. 3 Sec. 3. Corrupt practices of public officers. - In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: (a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. (b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law. (c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act. (d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination. chan robles virtual law library (e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. (f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for

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the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. (g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby. (h) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. (i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group. Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong. chan robles virtual law library (j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled. (k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date. The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government. Prohbitied acts and transactions under the Code of Conduct and Ethical Standards: 1. Financial and material interest 2. outside employment and other activities related thereto. 3. disclosure and or misuse of confidential information Divestment: - When a conflict of interest arise: 1. he shall resign from his postion in any private business enterprise within 30 days from his assumption of office and/ or 2. divest himself of his shareholdings or interest within 60 days from such assumption. - if the conditions for conflict of interest concur, divestment shall be mandatory for any official even if he has resigned from his position in any private business enterprise. conflict of interest: arises when a public official is a partner or member of a corporation or owner or has substantial interest in a business and the interest of such corporation or business may be opposed to or affected by the faithful performance of official duty. divestment: transfer of title or disposal of interest in property by voluntarily, completely and actually depriving or dispossessing oneself of his right or title to tit in favor of a person or persons other than his spouse and relative substantial stockholder: is any person who owns directly or indirectly shares of stock sufficient to elect a director of a corporation. ! divestment not apply to : 1. those who serve the government in an honorary capacity 2. laborers and casual temporary workers th relative: 4 civil degree of consanguinity or affinity, including, bilas, inso and balae family spouses and unmarried children under 18 years of age. Chapter 7 Liabilities of Public Officers A. In General Doctrine of official immunity from liablities for public officers Rationale: 1. promotion of fearless, vigorous and effective administration of policies of government. 2. loss of valuable time caused by such actions 3. the unfairness of subjecting officials to personal liability for the acts of their subordinates 2 Requirements: 1. public officers must act within the scope of his authority or official duties 2. good faith or absence of bad faith/ malice Doctrine of non-suability of state: the state may not be sued without its consent.

Exceptions: 1. to compel public officer to do an act required by law 2. to secure a judgment that the officer impleaded may safely by himself without the government itself having to do positive acts against him 3. where the invocation of state immunity will result in perpetration of injustice 4. where the government itself has violated its own laws Official immunity not absolute 1. suit to enforce liability for personal torts - acts of public officers are protected by the presumption of good faith - nature of the action and the relief sought are to be considered. 2. suit to compel performance of official duty or restrain performance of an act. - a suit against a public officer for his official acts is in effect a suit against the state as its purpose is to hold it ultimately liable. Liability based upon and co-extensive with duty -if the officer does not owe any duty ti the indivdual complaining, then theindividual has no right of action, eve nthough he may have been injured by the action or non-action of the officer. The breach is to be redressed by public prosecution. Three-fold responsibility of public officers: liability rule for violation of duty 1. criminal 2. civil 3. administrative Criminal and civil cases different from administrative matters Proceedings against public officers 1. evidence and procedure - Admin cases: substantial evidence o Alcuzar v. Carpio: administrative charges against judges are by nature highly penal in character and are to be governed by the rules applicable to criminal cases. The quantum of proof required is proof beyond reasonable doubt. - civil cases: preponderance of evidence - Criminal cases: proof beyond reasonable doubt 2. right to be informed of findings and recommendations of an investigating committee - not entitled tobe informed of the findings and recommendations of any investigating committee. He is entitled only to the administrative decisions. 3. object of administrative proceedings- improvement of public service and the preservation of public faith and confidence; good faith is not a defense 4. right to counsel- not mandatory 5. effect of death- doesnt preclude a finding of administrative liability exception: (factors) 1. observance of respondents right to due process 2. presence of exceptional circumstances in the case on the grounds of equitable and humanitarian reasons. Administrative liability incurred in a previous term by an elective official 1. reelection operates as electorate condonation of a previous misconduct. 2. condonation does not extend to reappointed coterminous employees. condonation doesnt apply to appointive official 3. reeleaction does not extinguish criminal or civil liability B. Civil Liability Requisites for recovery of damages arising from acts of public officers 1. actual damages to injured party 2. wrongful violation of a right committed by the public officer o Phil racing club v. Bonifacio: Howver considering that respondents have acted in their official capacity in thehonest belief that they had such power as in fact they acted on the matter only after an on the spot investigation, they canot be held liable for damages Effect of contributory negligence of injured party- official cannot be held responsible Liability of the president for official acts- not liable Liability of other executive officials for official acts 1. functions involve exercise of discretion- shielded from civil liability reasons for immunity: a. would deter a decision maker from exercising his judgment independently and in a manner best serving the interest of the public. b. must act swiftly and firmly 2. Acts of heads of executive departments LIablity of legislative officials for official acts LIablity of members of the judiciary for official acts Reasons for the immunity 1. it would occupy the judges time and mind with the defense of his own interest 2. lower the estimation in which his office is held by the public

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3. civil ilbaility would be an icentive to dishonest judgment and would invite public opinion 4. civil responsibility would constitute a serious obstruction to justice,it will open each case to endless controversy. 5. prosecution at the isntace of the state is a much more effectual method 6. judicial offices would never be accepted by any man - The immunity doesnt apply to acts which are purely ministerial in nature, although insofar as they are acting whitin their judicial authority, their immunity from civil liability is held not affected by bad faith, malice or corrupt motives -Judge may be held criminally liable for dereliction of duty for: 1. knowingly rendring an unjust judgment: requisites: a. judgment is unjust as it is contrary to law or is not supported by evidence b. was made with conscious and deliberate intent to do an injustice test of unjust judgment: manifestly contrary to law or is not supported by the weight of evidence 2. rendering a manifestly unjust judgment by reason of inexcusable negligence or ignorance. Requisite: although without malice, he failed to observe in the performance of his duty that diligence, prudence and care which the law requires It is inexcusable if they imply manifest injustice which cannot be explained by a reasonable interpretation. - Liability for gross ignorance of the law and incompetence: suspension ! the error myst be so gross and patent as to produce an inference of ignorance or bad faith or thaht the judge knowingly rendered an unjust decision o Ever v. Maceda: until there is a final declaration by the appellate court that the challenged order or judgment is manifestly erroneous, there will be no basis to conclude whether the respondent judge is administratively liable. Liability of quasi-judicial officers for official acts 1. Nature of functions: those who do not strictly belong to any of the traditional branches of government and are vested with discretion and empowered to exercise their judgment in matters brought before them. 2. reasons for immunity 3. liability for ministerial acts Liability of ministerial officers for official acts Requisites for liability: 1. plaintiff has sustained a special and peculiar injury 2. said injury results form a breach of duty which the officer owed to him Kinds of liability of ministerial officers: 1. non-feasance: neglect to perform 2. misfeasance: failure to use that degree of skill and diligence which the circumstances require 3. malfeasance: officer exceeds ignores, or abuses his power. Liability under the Civil Code: 1. For failure or neglect to perform official duty art. 27 of the CC, 2. For violating rights and liberties of private individuals, art. 32 3. failure to render aid or protection to a person art. 34 Liability on contracts executed in behalf of the government GR: no personal liability EX: one who executes a contract (unambiguous undertaking which makes no mention of the public agency he serves may not escape liability by claiming that public agency was the real principal) o Rivera v. Municipality of Malolos: no claim against the municipality because the contract entered is void. o Rivera Maclang: municipal lawyer was sued in personal capacity for void contract. He was liable Liability for unexplained wealth under RA 1379 1. RA 1379 or the Forfeiture of unexplained wealth sec. 2 Section 2. Filing of petition. Whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired. The Solicitor General, upon complaint by any taxpayer to the city or provincial fiscal who shall conduct a previous inquiry similar to preliminary investigations in criminal cases and shall certify to the Solicitor General that there is reasonable ground to believe that there has been committed a violation of this Act and the respondent is probably guilty thereof, shall file, in the name and on behalf of the Republic of the Philippines, in the Court of First Instance of the city or province where said public officer or employee resides or holds office, a petition for a writ commanding said officer or

employee to show cause why the property aforesaid, or any part thereof, should not be declared property of the State: Provided, That no such petition shall be filed within one year before any general election or within three months before any special election. The resignation, dismissal or separation of the officer or employee from his office or employment in the Government or in the Government-owned or controlled corporation shall not be a bar to the filing of the petition: Provided, however, That the right to file such petition shall prescribe after four years from the date of the resignation, dismissal or separation or expiration of the term of the office or employee concerned, except as to those who have ceased to hold office within ten years prior to the approval of this Act, in which case the proceedings shall prescribe after four years from the approval hereof. forfeiture proceedings, actions in rem; civil in nature, full blown trial not required 2. RA 3019 or the Anti- Graft and Corrupt Practices act sec. 8 Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-nine, a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal. Properties in the name of the spouse and unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary. sec. 7 Section 7. Statement of assets and liabilities. Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January o Garcia v. Sandigan: violations of RA 1379 are placed under the jurisdiction of the Sandiganbayan even though the proceeding is civil in nature, since the forfeiture of the illegally acquired property amounts to a penalty o Almeda v. Perez: proceedings for forefeiture is civil in nature and not cirimnal. The rueles on amendment in ordinary civil actions are applicable. Amendmeent of the petition for forfeiture may be made as in ordinary civil actions. o Cabal v. Kapunan: forfeitures are quasi-criminal in nature, and thus one may invoke the right against self- incrimination. Liability of accountable officers to the government Liability for acts done by direction of superior officer: GR: a. superior is primarily liable for the loss b. subordinate officer is secondarily lliable Subordinate relieved from liability: if prior to the act, he notified the superior in writing of the illegality of the payment, application or disposition. o Albert v. GAngan: Every person who signs or initals documents in the course of transit through standard operating procedures does not automatically become a conspirator in a crime which transpired at a stage where he had no participation. An employee shall be personally liable for unauthorized expenditures if: 1. expenditure of government funds or use of government property 2. in violation of law 3. official found directly responsible Criminal Liability Crimes peculiar to certain public officers 1. RPC 2. anti graft and corrupt practices act sec. 3 and 6 3. code of conduct and ethical standards 4. forfeiture of unexplained wealth 5. civil service decree 6. government auditing code 7. LGC 8. National Internal Revenue Code 1. Chapter 8: Termination of Official Relations Expiration of term or tenure

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2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Reaching the age limit Death or permanent disability Resignation Acceptance of an incompatible office Abandonment of office Prescription of right to office Removal Impeachment Abolition of office Conviction of a crime Recall Revolution

sanggunian members who are subject to recall elections or to cases where existing laws prescribed the manner of acting upon such resignations. Abandonment unlawful before acceptance Resignation revocable before acceptance - acts of an officer before the official notification of acceptance of his resignation are considered de facto. o The final or conclusive act of resignations acceptance is the notice of acceptance Withdrawal of Resignation: A public employee is entitled to withdraw a prospective resignation if the employee does so before its effective date, before it has been accepted, and before the appointing power acts in reliance of the resignation. Repudiation of resignation: 1. resignation has been transmitted without the officers consent 2. resignation was procured by fraud or by duress hence voidable 3. resignation was given as an alternative to have charges field against the public officer. 2. by acceptance of an incompatible office When incompatible: 1. conflict in such duties and functions so tha the performance of duties of one interferes with another 2. one is subordinate to the other and is subject in some degree to its supervisory power 3. the constituion or the law itself, for reasons of public policy, declares the incompatibility even though there is no inconsistency in the nature and function of the officer. Exceptions: 1. where the officer cannot vacate the first upon the principle that he will not be permitted to do so. 2. where the first office is held under a different government 3. where the officer is expressly authorized by law to accept another office 4. where the second office is temporary. Exceptions to the rule against multiple offices: 1. provided under the consti 2. posts occupied in ex-officio capacity 3. By abandonment of office meaning: voluntary relinquishment of an office by the holder of all right , title or claim thereto with the intention of not reclaiming it, or terminating his possession and control thereof. 2 essential elements: 1. intention to abandon 2. an overt act or external act by which the intention is carried into effect. Exceptions to non-user: 1. temporary disability 2. involuntary failure to perform. 4. By prescription of right of office Quo warranto: must be commenced within one year after the cause of such ouster or the right of the plaintiff to hold such position arose. C. Acts of the government of the people 1. by removal a. express b. implied i. Appointment of another officer ii. transfer to another office GR: when without officers consent: illegal Ex: where it is temporary or where no speicification of any particular office iii. Demotion iv. Reassignment Extent of presidents power of removal: Kinds of Officer Extent of Presidents Power of Removal Non-career, purely executive, no fixed May remove with or without cause; tenure congress may not restrict Quasi-judicial/ Quasi-legislative Only on grounds provided by law to protect hteir independence in the discharge of their duties Constitutional officers, removable by impeachment, judges of lower courts Civil service officers Temporary provisional acting Shall hold at pleasure Shall remove at pleasure If they belong to the civil service on Not subject Only for cause provided by law May remove at pleasure Mere expiration Only for cause Tenure co-terminous

A. Natural Causes 1. By expiration of term Term v. Tenure: Term: time during which the officier may claim to hold the office as a right Tenure: incumbent actually holding the office o Alba v. Alba: Tenure dependent upon the pleasure of the president. His replacement is not removal but expiration of his tenure o Cadiente v. Santos: City Legal Officer- primary confidential o Cristobal v. Melchor: pprivate secretary- not primary confidential o CSC v. Salas: nature of position determines whether a position is primarily confidential or not- determined not by the title but by the nature of the tast that is entrusted to it. Confidential employees: he can share a close intimate relationship with the former which ensures freedom of discussion without fear or embarrassment or misgivings of possible betrayal of personal trust or confidential matters of state. Proximity Rule: if the position occupied is remote from that of the appointing authority, element of trust is no longer predominant. Holding over after expiration of term: 1. constitutional office: no hold over unless expressly provided 2. non-constitutional office: unless such holding over be expressly or impliedly prohibited, the incumbent may continue to hold until someone else is selected Purpose: to prevent hiatus because public interest requires that public officers should be filed at all times without interruption. 2. By reaching age limit Consti, art. Viii, sec. 6 SC and judges of lower courts: hold office until they reach the age of 70 years or become incapacitated to discharge the duties Public officers and employees: when they reach the age of 65 3. death or permanent disability B. Acts or neglect of officer 1. by resignation meaning: formal renunciation or relinquishment of public office. It implies an expression by the incument in some form, express or implied, of the intention to surrender renounce and relinquish his right to the office and its acceptance by competent and lawful authority. What constitutes resignation: 1. intention to relinquish a part of the term 2. accompanied by the act of relinquishment 3. acceptance by the proper authority o Gonzales v. Hernandes: there is no clear intention to relinquish position by filing conditional resignation o Ortiz v. comelec: a courtesy resignation cannot properly be interpreted as resignation in the legal sense for it is not necessarily a reflection of a public officials intention to surrender his position. (liberal court) Necessity of acceptance of resignation: Sec. 82, LGC: Section 82. Resignation of Elective Local Officials. (a) Resignations by elective local officials shall be deemed effective only upon acceptance by the following authorities: (1) The President, in the case of governors, vice-governors, and mayors and vicemayors of highly urbanized cities and independent component cities; (2) The governor, in the case of municipal mayors, municipal vice-mayors, city mayors and city vice-mayors of component cities; (3) The sanggunian concerned, in the case of sanggunian members; and (4) The city or municipal mayor, in the case of barangay officials. (b) Copies of the resignation letters of elective local officials, together with the action taken by the aforesaid authorities, shall be furnished the Department of the Interior and Local Government. (c) The resignation shall be deemed accepted if not acted upon by the authority concerned within fifteen (15) days from receipt thereof. (d) Irrevocable resignations by sanggunian members shall be deemed accepted upon presentation before an open session of the sanggunian concerned and duly entered in its records: Provided, however, That this subsection does not apply to

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bases other than those of the usual test of merit and fitness utilized for the career service Local elective officials

Depends on LGC

Preventive suspension: Who may impose President

Civil Service officers and EEs entitled to security of tenure Art. Ix-b, sec. 2 (2, 3) (2) Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, and, except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination. (3) No officer or employee of the civil service shall be removed or suspended except for cause provided by law. security of tenure: an officer or employee in the civil service shall not be suspended or dismissed except for cause as provided by law and after due process Civil service officers or employees Termination of temporary appointments: no tenure because there is no removal -termination with period: must be for a cause if before expiration of term. Grounds under LGC: sec. 60 Section 60. Grounds for Disciplinary Actions. - An elective local official may be disciplined, suspended, or removed from office on any of the following grounds: (a) Disloyalty to the Republic of the Philippines; (b) Culpable violation of the Constitution; (c) Dishonesty, oppression, misconduct in office, gross negligence, or dereliction of duty; (d) Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor; (e) Abuse of authority; (f) Unauthorized absence for fifteen (15) consecutive working days, except in the case of members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, and sangguniang barangay; (g) Application for, or acquisition of, foreign citizenship or residence or the status of an immigrant of another country; and (h) Such other grounds as may be provided in this Code and other laws. An elective local official may be removed from office on the grounds enumerated above by order of the proper court. Grounds under the Civil Service Law: 1. misconduct in office: a transgression of some established and definite rule of action more particularly, unlawful behavior or gross negligence by the public officer GR: must have a direct relation to and connected with the performance of offcial duties - dishonesty and conduct prejudicial to the best interest of services need not be connected with the official duties. 2. Nepotism rd - made in favor of a relative 3 degree of consanguinity /affinity of the: appointing authority recommending authority chief or bureau or office immediate supervisor of appointee Note: prohibition includes designations; what cannot be done directly cannot be done directly Exception: marriage after appointment Exemption: Confidential employees Teacher Physicians Members of AFP Grounds under the code of conduct and ethical standards Administrative investigation of ELECTIVE local officials: form and filing: verified complaint Where to file Against whom Office of the president Elective official of a province, highly urbanized city, independent component city, component city Sangunniang panlalawigan Elective official of a municipality, appealable to the office of the president Sangguniang panglungsod/ pambayan Elective barangay official, final and executory - no investigation shall be held within 90 days immediately prior to any local election and no preventive suspensions shall be imposed within the said period - penalty of removal bars an elective official from running

Governonr Mayor

Elective official of: 1. province 2. highly urbanized city 3. independent component city Elective official of a component city or municipality Elective official of the barangay

Condition: 1. After the issues are joined 2. When the evidence of guilt is strong 3. Great probability that the continuance in office could influence the witness or pose a threat to safety and integrity of records and other evidence. Any single preventive suspension shall not extend beyond 60 days If several admin case: not more than 90 days within a single year Salary: During- shall receive no salary or suspension If exonerated and reinstated: shall be paid full salary and compensation accruing such suspension Rights of respondents: 1. appear and defend himself in person or by counsel 2. confront and cross-examine witness against him 3. require the attendance of witness and the production of documentary evidence. Penalty: not to exceed the unexpired term or 6 months for every admin offense Administrative Appeals: Within 39 days from receipt of the decision To whom: Sangguniang Decisions of sangguniang panglungsod of panlalawigan component cities and the sangguniang bayan Office of the president Decisions of sangguniang panlalawigan and sangguniang panglungsod of highly urbanized cities and independent component cities o o o SB v. Martinez: SB has no power to remove martinez as such is vested to the courts pursuant to sec. 60 of LGC, an elective official may be removed from office by the proper court Hagad v. Gozo- Dadole: ombudsman has jurisdiction to investigate and impose admin sanctions. Joson v. Torres: The procedure of requiring position papers in lieu of a hearing in admin cases is expressly allowed with respect to appointive officials but not to those elected.

Disciplinary Jurisdiction against APPOINTIVE LOCAL OFFICIALS AND EMPLOYEE Disciplinary Jurisdiction of the CSC Commission: Extent of Jurisdiction: 1. jurisdiction over administrative disciplinary cases: a. Apellate: if the administrative case involves imposition of penalty of: i. suspension of more than 30 days ii. fine in an amount exceeding 30 days salary iii. demotion in rank or salary iv. transfer v. removal or dismissal from office b. original: if a private citizen files a complaint directly with the commission against a government official or an employee, it may deputize any department/ agency/ group of officials to conduct the investigation, which in turn will submit to the commission the results of the investigation and a recommendation as to the penalty. - final orders of Commission may be appealed to CA thru Rule 43, sec. 5 Jurisdiction of Heads of departments, agencies and intrumentalities - disciplinary actions against officers and employees under their jurisdiction: a. decision is final: if penalty is suspension not more than 30 days or a fine not exceeding 30 days salary b. decision is appealable to Deparment (and then the commission if need be): if penalty is: i. suspension for more than 30 days or ii. a fine in an amount exceeding 30 days salary iii. demotion in rank or salary iv. transfer v. removal or vi. dismissal cases on appeal by party adversely affected: o CSC v. Dacoycoy: CSC has become the party adversely affected

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o Geronga v. Varela: disciplining or appointing authority may appeal Note: the decision of the department head is executory even pending appeal except when the penalty Is removal, in which case it is only executory after the confirmation by the department head concerned. (Jacinto v. CA) o CSC v. Sojor: a state university president is under the jurisdiction of CSC. Limit to CSCs Power: 1. doctrine of finality of judgment 2. Academic freedom of Institutions Procedure in Administrative Cases against NON- PRESIDENTIAL APPOINTEES - investigation is subject to the 5-day bar rule: it shall be held not earlier than 5 days after the date of the receipt of the answer Suspension v. removal Duration nature Time of imposition Suspension Temporary or ad interim stoppage or arrest of an official power Not a penalty During the investigation, even before the charegs are brought Removal permanent An administrative penalty Meted out only upon the termination of the investigation or the final disposition of the case

3. 4. 5.

Incumbents are replaced by less qualified Reclassified office performs substantially the same functions Removal violates order of reparation.

4. by conviction of a crime effects of pardon: restores his eligbility for appointment unless expressly restored o People v. Consignia: acquittal should be followed by reinstatement, court is without power to order payment of backwages in cases of acquittal. Proper forum- civil courts 5. BY RECALL an elective local official may be removed at any time during his term by the vote of the people at an election for such purpose Limitation: - may only be done once during the term - not be held within one year from the date of the officials assumption of office - it shall not be held within 1 year immediately preceding a regular local election o Claudio v. Comelec: recall does not include the preliminary steps for the purpose of initiating a recall.

ELECTION LAW Theory of Popular Sovereignty: Consti, Art. II, sec. 1 Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them. Meaning of Suffrage: it is the right as well as obligation of qualified citizens to vote in the election of certain national and local officers of the government and in the decision of public questions submitted to the people. Nature of suffrage: 1. merely a privilege, not a natural right 2. its exercise is not absolute but subject to existing substantive and procedural requirements provided in the consti and statutes; 3. political right, as well as a bounden duty of every citizen 4. it is based on the theory that the people who bear the burden of government should share in the privilege of chossing the officials of the government (one-man one vote principle) 5. it is in the nature of public trust- a voter as representative of the people. Scope of Suffrage: 1. election- the means by which the people chosse, their officials 2. plebiscite- name given to a vote of the people expressing their choice for or against a proposed law or enactment submitted to them 3. referendum- the submission of a law passed by the national or local legislative body to the registered voters at an election called for the purpose of their ratification or rejection 4. initiative- process whereby the registered voters directly propse, enact or amend laws through an election called for the purpose 5. recall- method by which a public officer may be removed from office during his tenure or before the expiration of his term by a vote of the people after registration of a petition signed by a required percentage of the qualified voters. Object of suffrage and election laws: Continuity of government and preservation and perpetuation of its benefits: 1. to enable the people to choose their representatives to discharge sovereign functions 2. to determine the will of the people upon such questions submitted to them (thru plebiscite, referendum, initiative and recall) Constri provisions on suffrage: Consti, art. V, sec. 1 Consti art v. sec. 2 Section 1. Suffrage may be exercised by all citizens of the Philippines, not otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote, for at least six months immediately preceding the election. No literacy, property, or other substantive requirement shall be imposed on the exercise of suffrage. Section 2. The Congress shall provide a system for securing the secrecy and sanctity of the ballot as well as a system for absentee voting by qualified Filipinos abroad. The Congress shall also design a procedure for the disabled and the illiterates to vote without the assistance of other persons. Until then, they shall be allowed to vote under existing laws and such rules as the Commission on Elections may promulgate to protect the secrecy of the ballot. Property Requirement:

Preventive Suspension (See table) o Quimbo v. Gervacio: the purpose of suspension is to prevent the accused from using his position to influence or tamper with the investigation. o Gobenciong v. CA: preventive suspension is immediately executory Penalties Rules on imposition and determination of penalties: Pd 807: penalty of forced resignation may be imposed instead of dismissal. Transfer, demotion or fine instead of suspension from 1 month and 1 day to 1 year. Fine instead of suspension from 1 day to 1 month RA 6713: only one penalty shall be imposed for each case, but each case means one administrative case which may involve one or more charges or counts. o CSC v. Cortez: Length of time: either aggravating or mitigating circumstance - Removal of Administrative penalties or disabilities: 1. in meritorious cases and 2. upon recommendation of the CSC, the president may commute or remove administrative penalties or disabilities imposed in disciplinary acses - accessory penalties: 1. penalty of dismissal 2. penalty of force resignation 2. By Impeachment Consti, art. Xi, sec. 2 and 3 - who may be impeached: 1. president 2. VP 3. Members of SC 4. Members of Constitutional Commissions 5. Ombudsman Grounds: 1. Culpable violation fo constitution 2. Treason 3. Bribery 4. Graft and corruption 5. Other high crimes 6. Betrayal of public trusts 3. By abolition of office -who: 1. congress 2. president or LGU 3. People through peoples initiative Requisites: 1. good faith 2. not for personal or political reasons or to circumvent the incumbents security of tenure 3. not implemented in violation of law o Buklod v. Executive Secretary: Evidence of bad faith: 1. Significant increase in number of positions 2. Another office is abolished and another performing substantially the same functions is created

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1. 2. 3.

Property ownership is not a test of individual capacity Property requirement is inconsistent with the concept of republican government Property requirement is inconsistent with social justice principles.

(6) File, upon a verified complaint, or on its own initiative, petitions in court for inclusion or exclusion of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including acts or omissions constituting election frauds, offenses, and malpractices. (7) Recommend to the Congress effective measures to minimize election spending, including limitation of places where propaganda materials shall be posted, and to prevent and penalize all forms of election frauds, offenses, malpractices, and nuisance candidacies. (8) Recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action, for violation or disregard of, or disobedience to, its directive, order, or decision. (9) Submit to the President and the Congress, a comprehensive report on the conduct of each election, plebiscite, initiative, referendum, or recall. Decide Election contests: Election contest: the adversary proceeding by which matters involving title or claim of an elective office, made before or after proclamation of the winner, is settled, WON the contestant is claiming the office in dispute. -summary proceeding - ordinary action ! en banc decision of the COMELEC in an ordinary action becomes final and executory after 30 days from its promulgation, while an en banc decision in an special election, like a petition to declare a failure of election, becomes final and executory after 5 days from promulgation unless restrained by SC Jurisdiction of COMELEC: Original: involving regional, provincial and city Appellate: municipal and barangay (RTC- municipal; MTC- barangay) ! decision is unappealable subject only to Rule 65 SK Officials- DILG o Carlos v. Angeles: both SC and COMELEC have concurrent jurisdiction to issue wirts of certiorari, prohibition and mandamus over deicisions of trial courts of general jurisdiction. The comelec has authority to issue the extraordinary writs in cases involving elections only in aid of its appellate jurisdiction. Decide all questions affecting elections - COMELEC has no jurisdiction over questions involving the right to vote which includes qualifications and disqualifications of voters, the right of a person to be registered as voter, the right to case his vote and other allied questions. Such decisions shall be decided by the courts. Deputize law enforcement agencies: Only limitation which the Consti places upon the COMELECs authority over its deputies relates to the enforcement of such authority through admnisistrative sanctions. Such sanctions may be recommended by the COMELEC to the president rather than directly imposed by the COMeLEC. Register Political parties and accredit citizens arms: Political parties which shall be refused registration: 1. those which have no platform or program of government 2. those which seek to achieve their fols through violence or unlawful means 3. those who refuse to or uphold and adhere to the constitution 4. those who are supported by foreign government File petitions, investigate and prosecute: Motu proprio: 1. investigate and prosecute cases of violation of election laws 2. conduct preliminary investigations in cases involving election offenses for the purpose of helping the court determine probable cause and for filing an information in court (Power is exclusive with the commission) recommend removal or disciplinary action - it is the department or agency to which the charged official or employee belongs which has the ulimate authority to impose the disciplinary action submit report power to punish for contempt - only in the exercise of quasi-judicial functions Hearing and deciding election cases Consti, art. Ix-c, sec. 3 Section 3. The Commission on Elections may sit en banc or in two divisions, and shall promulgate its rules of procedure in order to expedite disposition of election cases, including pre- proclamation controversies. All such election cases shall be heard and decided in division, provided that motions for reconsideration of decisions shall be decided by the Commission en banc.

The Commission on Elections Purpose: 1. Purity 2. Sanctity of the Ballot 3. Free and honest expression of the popular will. Constitutional safeguards of independence of commission: a. Impeachable officers b. Fiscal autonomy c. Prohibition on other office or employment d. Lame duck provision e. Educational attainment required f. Staggered term of office g. Prohibition against temporary and acting appointments Composition: 7- man collegiate body, 1 chairman Qualification of members Consti, art. X, sec. 1, 2 Disabilities: art. Ix-a, sec. 2 Section 1. (1) There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective positions in the immediately preceding elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. (2) The Chairman and the Commissioners shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment. Of those first appointed, three Members shall hold office for seven years, two Members for five years, and the last Members for three years, without reappointment. Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case shall any Member be appointed or designated in a temporary or acting capacity. Constitutional powers and functions of COMELEC Consti, art. Ix-c Sec. 2 Sec. 2. The Commission on Elections shall exercise the following powers and functions: (1) Enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall. (2) Exercise exclusive original jurisdiction over all contests relating to the elections, returns, and qualifications of all elective regional, provincial, and city officials, and appellate jurisdiction over all contests involving elective municipal officials decided by trial courts of general jurisdiction, or involving elective barangay officials decided by trial courts of limited jurisdiction. Decisions, final orders, or rulings of the Commission on election contests involving elective municipal and barangay offices shall be final, executory, and not appealable. (3) Decide, except those involving the right to vote, all questions affecting elections, including determination of the number and location of polling places, appointment of election officials and inspectors, and registration of voters. (4) Deputize, with the concurrence of the President, law enforcement agencies and instrumentalities of the Government, including the Armed Forces of the Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful, and credible elections. (5) Register, after sufficient publication, political parties, organizations, or coalitions which, in addition to other requirements, must present their platform or program of government; and accredit citizens' arms of the Commission on Elections. Religious denominations and sects shall not be registered. Those which seek to achieve their goals through violence or unlawful means, or refuse to uphold and adhere to this Constitution, or which are supported by any foreign government shall likewise be refused registration. Financial contributions from foreign governments and their agencies to political parties, organizations, coalitions, or candidates related to elections, constitute interference in national affairs, and, when accepted, shall be an additional ground for the cancellation of their registration with the Commission, in addition to other penalties that may be prescribed by law.

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- it is only when the exercise of quasi-judicial powers are involved that the COMELEC is mandated to decide cases first in division, and then upon MR, en banc. -the COMELEC en banc can act directly on matters falling within its administrative powers - decisions of division: acts of a final character Period for rendition: within 90 days from the date of submission for decision. Regulation of public entities and media: Consti, art. Ix-c, sec. 4 Section 4. The Commission may, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of transportation and other public utilities, media of communication or information, all grants, special privileges, or concessions granted by the Government or any subdivision, agency, or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary. Such supervision or regulation shall aim to ensure equal opportunity, and equal rates therefor, for public information campaigns and forums among candidates in connection with the objective of holding free, orderly, honest, peaceful, and credible elections. Pardon etc of violators of election laws Consti, art. Ix-c, sec. 5: Section 5. No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and regulations shall be granted by the President without the favorable recommendation of the Commission. Election and campaign period Consti., art. Ix-c, sec. 6 Section 6. A free and open party system shall be allowed to evolve according to the free choice of the people, subject to the provisions of this Article. Rendition of decision and judicial review, consti, art. Ix-a, sec. 7 Section 7. Each Commission shall decide by a majority vote of all its Members, any case or matter brought before it within sixty days from the date of its submission for decision or resolution. A case or matter is deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the rules of the Commission or by the Commission itself. Unless otherwise provided by this Constitution or by law, any decision, order, or ruling of each Commission may be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof. Decisions, orders or rulings reviewable by SC on certiorari: Decisions rendered in the xercise of quasi-judicial functions -the following do not call for exercise of SCs function of juducial review: 1. resolution of the comelec awarding a contract for the supply of voiting booths to a private party, as a result of its choice among various propsals submitted in response to its invitation to bid 2. alleged failure of the COMELEC to implement its resolution ordering the deletion of a candidates name in the list of qualified candidates 3. resolution which provides for the rules and regulations governing the ocnuct of a plebiscite. - challenge to an admin action may be brought before the RtCs via an ordinarly civil action. Execution Pending appeal allowed only: 1. on the basis of good reasons to be stated in a special order 2. reasons must be of such urgency as to outweigh the injury or damage of the losing party should the latter secure a reversal of the judgment on appeal 3. there must be a moiton by the prevailing party with notice to the adverse party. Rules of procedure Consti, art. Ix-a, sec. 6 Section 6. Each Commission en banc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules, however, shall not diminish, increase, or modify substantive rights. Votes required for rendition of decision: Art. Ix-a, sec. 7: majority votes of all its members (en banc) Sec. 5 of Comelec Res. No. 1669: unanimous concurrence of all 3 commissioners Powers and functions of commssion under the omnibus election code Requirements before election A. Registration Innovations of RA 8189: 1. continuing registration process 2. voters identification card - registration is essential to the exercise of right not the possession People ewho transfer residence solely b reason of the ff are not deemd to have lost their original residence:

1. 2. 3. 4. 5. 6.

Occupation, profession or employment Educational activities Work in military Service in the army Pnp Confinement or detention in accordance with the law

Deactivation of registration (see table) Reactivation of registration (see table) Cancellation of registration(see table) Preparation and posting of the certified list of votes -shall be done 90 adys before a rgular election and 60 days before a special election. Inclusion, exclusion and correction of names of voters Judicial proceedings - if the correction could be done administratively, there is no need to resort to courts: 1. voter excluded through inadvertence or registered with an erroneous or misspelled name in the precing certified list of voters 2. voter excluded through inadvertence or registered with an erroneous or misspelled name in the precinct book voters. Petition for inclusion of voters in the list May file except 105 days prior to a regular election or 75 days prior to a special election. - shall be decided 15 days after its filing Petition for exclusion of voters from list May file expect 100 days prior to a regular election or 65 days before a special election - shall e decided within 10 days from filing Voter excluded through inadvertence or registered with an erroneous or misspelled name: he may file with the ERB an application for reinstatement or correction of name -if the application is denied, he may file with the proper MTC a petition for order directing that his name be entered or corrected. Inclusions and exclusions proceedings summary in character: - factual findings of trial court not conclusive on COMELEC - decision doesnt become res judicata; not conclsuvie on the voters political status -issue of compliance with residency requirement: doesnt preclude the COMELEC, in the determination of his qualification as a candidate to pass upon the issue of compliance with the residency requirement. It is not within the competence of the trial court in an exclusion proceeding to declare the challenged voter a resident of another municipality. -tial court has no power to order the change or transfer of registration from one place of residence to another for it is the function of the ERB Qualifications of a voter 1. citizenship 2. age- must be atleast 18 years at the time of the election although he is less than 18 years at the time of registration 3. residnce - personal presence in that place - intention to reside in a fixed place - conduct indicative of such intention Disqualification from voting 1. a person who has been sentenced by final judgment to suffer imprisonment for not less than 1 year, such disability not having been removed by plenary pardon or granted amnesy. Any such person disqualified to vote shall automatically reaquire the right upon the expiration of 5 years after service of summons. 2. a person who has been adjudged by final judgment by competent court or tribunal of having committed a crime involving disloyalty to the dutly constituted government. He shall automatically racquire his right to vote upon expiration of 5 years after service of sentence 3. insane or incompetent person as declared by competent authority, unless subsequently declared by proper authority that such person is no longer insane or incompetent. B. Precints and Polling Places Election precints: this is the basic unit of territory established by COMELEC for the purpose of voting C. Certificates of Candidacy Candidate- a person who files a certificate of candidacy is not candidate until the start of the campaign period Certificate of candidacy: this is a statement of a person seeking to run for public office certifying that he announces his candidacy fo rhte office mentioned and that

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he is eligible for the office, the name of the political party to which he belongs, if he belongs to any, and his post-office address. Filing of certificate of candidacy: a person who files his coc for more than 1 office shall not beeligbile for any of them But before the expiration for the filing of COC, the person who has filed more than 1 COC may declare under oath the office which he desires to be eligibile and cancel the certificate for the other offices. - COMELEC has jurisdiction to deny due course or cancel certificate of candidacy. - the determination of a court in the exclusion proceedings as to the right of a person to be included in or excluded from a list doesnt preclude the COMELEC, in the determination of his qualification as a candidate, to pass upon the issue of compliance with the residencey requirement Time, place and manner of filing President, VP, senator Member of the HOR : In NCR In cities outside NCR Elective Provincial Office Elective City and municipal office Main office of COMELEC Provincial election supervisor Regional Election director City election registrar Provincial election supervisor City or municipal election registrar

finding before election: COMELEC shall order disqualification Complaint not resolved before election: Comelec may motu proprio or on motion of any of the parties refer the complaint to the law department of the COMELEC to conduct a preliminary investigation Complaint filed after election: Complaint filed after election but before proclamation of winner: Dismissed as a disqualification case but referred for preliminary investigation to the law department If before proclamation, the law department makes a prima facie finding of guilt and the corresponding infor has been filed with the appropriate tiral court, the complainant may file a petition for suspension of the proclamation of the respondent with the court before which the crimnal case is pending. - suspension may be ordered if the evidnce of guilt is strong Complaint filed after election and proclamation of winner - dismissed as a disqualification case but referred for preliminary investigation to the law department - the law department shall terminate the preliminary investigation within 30 days from receipt of the referral and shall submit its recommendation to the COMELEC en banc within 5 days from the conclusion thereof. o Bagatsing v. COMELEC: a disqualification case may have 2 aspects: 1. Administrative and 2. Criminal - what is transmitted to the not the admin case but the criminal case effect of disqualification case: after final judgment: shall not be voted for before final judgment: the court or comelec shall continue with the trial and hearing of the action. Upon motion of the complainant, the COMELEC may order the suspension of the proclamation of a candidate if evidence of guilt is strong. Candidate who obtained second highest number of votes: not the choice of the people Exceptions: 1. the one who obtained the highest number of votes is disqualified 2. the electorate is fully aware in fact and alw of the candidates disqualifications so as to bring such awareness within the realm of notoriety but would nonetheless cast their votes in favor of the ineligible candidate. ELECTION CAMPAIGN AND ExPENDITURES A. Campain and election propaganda: an act designed to prmote the election or defeat a particular candidate to a public office; doesnt include public expressions of opinions Prohibited acts: 1. engaging in any election campaign or partisan political activity except during the campaign period 2. a foreigner taking part in or influencing in any manner any election 3. edfacing or tampering with or preventing the distribution of lawful election propaganda 4. giving or accepting transportation, food or drinks or things of value: a. during the 5 hours before and after a public meeting b. on the day preceding the election c. on the day of the election o SWS v. COMELEC: free speech is a more precious right than the governments power to regulate the election process B. Electoral Contributions and Expenditures Contribution: includes a gift, donation, subscription, loan, advance, or deposit of money or anything of value or a contract, promise or agreement to contribute, whtehr or not illegally enforceable, made fo the purpose of influencing the results of the election - excludes services rendered without compensation Prohibited Contributions: -made by the following: 1. Public or private financial institutions, Except loans made in the ordinary course of business 2. natural and juridical persons who: a. operate a public utility or are in possession of or exploiting any natural resources of the nation b. hold contracts or subcontracts to supply the government or any of its divisions with goods and services or to perform construction or other works c. have been granted franchises, incentives, exemptions, allocations or similar privileges or concessions by the government or any of its divisions including GOCCS d. within 1 year prior to the date of the election, have been grated loans in excess of P25, 000 by the government or any of its divisions, subdivisions including GOCCs 3. Educational institutions which have received grants of public funds amounting to not less than P100,000 4. officials or employees in the Civil Service or members of the AFP 5. foreigners and foreign corporations. Limitations upon expenses President and VP- 10 Other candidats- 3 per voter registered in the constitutency

Requirement of COC mandatory - provisions of election law regarding COC are considered mandatory prior to the election, thereafter, they are regarded as merely directory. Withdrawal of certificate: prior to the election and written declaration under oath The filing or withdrawal of a COC shall not affect whatever civil, criminal or administrative liabilities which a candidate may have incurred Automatic resignation: Appointive officer- considered ipso facto resigned from office upon the filing of COC - allowed participation of appointive officials in partisan political activities: i. exercise of right of suffrage ii. engaging in a collective discussion of political issues iii. expression of preferred candidates Elective officer- continue in office even as they campaign for reelection or election for another elective position o Farinas v. executive secretary: substantial exist between elective and appointive office o Monroy v. CA: an official who is considered resigned upon the filing of his COC is not restored to his position by withdrawal of the same. Substitution: 1. after the last day for the filing of COCs and 2. an official or candidate of a registered or accredited political party: a. dies b. withdraws or c. is disqualified for any cause - A person belonging to and certified by, the same political party may file a COC not later than mid-day of the day of the election to replace the candidate who die, withdrew or was disqualified. -substitution is not allowed in causes other than the grounds specified - the substitute must be: a. member of the same political party 2. certified by the same political party- there can be no valid substitution in case of denial or cancellation of COC - votes cast shall for substitute candidate shall be considered as sray votes but shall not invalidate the whole ballot v. RA 8436, in case of valid substitutions, the votes cast for the substituted candidates shall be considered votes for the substitute. Petition to deny due course to or cancel a certificate of candidacy sec. 69 (see table) - a cancelled COC cannot give rise to a valid candidacy except: If the ruling is not yet final on election day, the duty of the court is to ascertain the will of the electorate Petition to deny due course or cancel certificate of candidacy sec. 78 (see table) - a challenge made against a candidates claimed residence is properly classified as proceeding under sec. 78 - refes to qualifications for elective officials - defects in COC should be questioned on or before the election and not after the will of the people has been expressed through the ballots ! the filing of a COC beyond the statutory period is a technicality, that should be enfored before the elction but can be disregarded after the electorate has made the choosing - doubts resolved in favor of a candidates eligibility Petition to disqualify sec. 68 and 12 of OEC Complaint filed before election:

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Independent candidates- 5 For political parties- 5 for every voter C. political parties an organized group of persons pursuing the same ideology, political ideas or platforms of government and includes its branches and divisions registration: 1. file a verified petition, attaching thereto constitution and by-laws, platforms or program not later than 180 days before the election 2. due notice and hearing 3. publication of the petition for registration. - any registered political party that fails to obtain atleast 10 % of the votes cast in the constituency in which it nominated and supported a candidate in the election next following its registration shall, after notice and hearing be deemed to have forfeited such status as a registered political party in such constituency Following cannot be registered: 1. religious sects 2. political parties which seek to ahieve their goal through violence - determination of disputes as to party nomination rests with the party in the absence of statutes giving the court jurisdiction. - COMELEC may resolve intra-party leadership - COMELEC cannot interevene in an case involving the expulsion of a member Constitutional provisoin Art. Vi, sec. 5(1) of Consti Section 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants, and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. Political party: an organized group of citizens advocating an ideology or platform, principles and policies for the general conduct of government and which regularly nominataes and supports certain of its leaders and members as candidates for public office Sectoral party: an organized group of citizens belonging to any of the sectors whose principal advocacy pertains to the special interests and concerns of their sector. Sectors shall include Labor Peasant Fisherfolf Urban poor Indigenous cultural communities Elderly Handicapped Women Youth Veterans Overseas workers Professionals Removal and or/ cancellation of registration: 1. religious sect or denomination, organization organized for religious purpose 2. advocates violence or unlawful means 3. foreign party or organization 4. receiving support from any foreign government, foreign political pary for partisan election purposes 5. violates or fails to comply with laws regulations relating to elections 6. declares untruthful statements in its petition 7. has ceased to exist for atleast 1 year 8. fails to participate in the last 2 preceding elections or fails to obtain atleast 2% of the votes cast under the party-list system in the 2 preceding elections for the constituency in which it was registered. - no change of name or alteration of the order of nominees, unless: 1. the nominee dies; 2. his nomination is withdrawn in writing and under oath 3. the nominee becomes incapacitated. Qualifications of party-list nominees 1. natural born citizen 2. registered voter 3. resident of the Philippines for a period of not less than 1 year immediately preceding the day of the election 4. able to read and write 5. a bona fide member of the party or organization which he seeks to epresent for atleast 90 days preceding the day of the election 6. Atleast 25 years of age on election day exception: youth sector nominee must be atleast 25 but not more than 30 years of age on election day.

Term of office: 3 years but no party-list representative shall serve for more than 3 consecutive terms Change of affiliation effect: If made during his term of office- forefeiture of his seat If made within 6 months before an election, forfeiture of his seat and ineligibility for nomination as party-list representative under his new party or organization o Atom Paglaum : 1. Three different groups may participate in the party-list system: (a) national parties/organizations, (b) regional parties/rganizations, and (c) sectoral parties or organizations. 2. National and regional parties/organizations do not need to organize along sectoral lines and do not need to represent any marginalized and underrepresented sector. 3. Political parties can participate provided they register under the partylist system and do not field candidates in legislative district elections. o A political party, whether major or not, that fields candidates in legislative district elections can participate in partylist elections only through its sectoral wing that can separately register under the party-list system. The sectoral wing is by itself an independent sectoral party, and is linked to a political party through a coalition. 4. Sectoral parties or organizations may either be (a) marginalized and underrepresented OR (b) lacking in well-defined political constituencies. It is enough that their principal advocacy pertains to the special interest and concerns of their sector. o marginalized and underrepresented include labor, peasant, fisherfolk, urban poor, indigenous cultural communities, handicapped, veterans, and overseas workers. o well-defined political constituencies include professionals, the elderly, women, and the youth. 5. A majority of the members of sectoral parties or organizations that represent the marginalized and underrepresented or that lack well-defined political constitutencies must belong to the sector they represent. o The nominees of sectoral parties must belong to their respective sectors, or must have a track record of advocacy for their respective sectors. o The nominees of national and regional parties or organizations must be bona-fide members of such parties or organizations. 6. National, regional, and sectoral parties or organizations shall not be disqualified if some of their nominees are disqualified, provided that they have at least one nominee who remains qualified. Banat v. COMELEC: To summarize, there are four parameters in a Philippine-style party-list election system: 1. Twenty percent of the total number of the membership of the House of Representatives is the maximum number of seats available to partylist organizations, such that there is automatically one party-list seat for every four existing legislative districts. 2. Garnering two percent of the total votes cast in the party-list elections guarantees a party-list organization one seat. The guaranteed seats shall be distributed in a first round of seat allocation to parties receiving at least two percent of the total party-list votes. 3. The additional seats, that is, the remaining seats after allocation of the guaranteed seats, shall be distributed to the party-list organizations including those that received less than two percent of the total votes. The continued operation of the two percent threshold as it applies to the allocation of the additional seats is now unconstitutional because this threshold mathematically and physically prevents the filling up of the available party-list seats. The additional seats shall be distributed to the parties in a second round of seat allocation according to the two-step procedure laid down in the Decision of 21 April 2009 as clarified in this Resolution. 4. The three-seat cap is constitutional. The three-seat cap is intended by the Legislature to prevent any party from dominating the party-list system. There is no violation of the Constitution because the 1987 Constitution does not require absolute proportionality for the party-list system. The well-settled rule is that courts will not question the wisdom of the Legislature as long as it is not violative of the Constitution. These four parameters allow the mathematical and practical fulfillment of the Constitutional provision that party-list representatives shall comprise twenty percent of the members of the House of Representatives. At the same time, these four parameters uphold as much as possible the Party-List Act, striking down only that provision of the Party-List Act that could not be reconciled anymore with the 1987 Constitution. o THE ELECTION -embodiment of the popular will, the expression of the sovereign will of the people in the choice or selection of candidates to public office for definite and fixed periods or in deciding some questions of public interest Postponement of election sec. 5 (see table)

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-only the COMELEC en banc has the power to postpone/ reset an eclection or declare a failure of election date for holding new election: reasonably close tot eh date of election not held but not later than 30 days after the cessation of the cause for such postponement. Failure of election sec. 6 (see table) Date for holding new election: same - there is failure of election only when the will of the electorate has been muted and cannot be ascertained. If the will of the people is determinable, the same must as far as possible be respected. Concurrence of conditions: 1 no voting has taken place in any precint or even if there was voting, the election nevertheless results in failure to elect 2. the votes not cast would affect the result of the leection 3. the cause of such failure of election should have been force majure, violence, terrorism, fraud or analogous causes. Power to declare failure of election: 1. motuproprio or upon a verified petition 2. summary hearing 3. comelec may delegate to its lawyers the power to hear the case and to receive evidence. -preproclamation controversy is not the same as an action for annulment of election results or declaration of failure of election Requirement as to date: reasonably close tot eh date of election not held but not later than 30 days after the cessation of the cause for such postponement. ! involves a question of fact, must be determined in the light of the peculiar circumstances for the case. Place of hodling elections: GR: mandatory, substantial variation invalidates the election Exception: emergencies such as sudden fire or destruction of the building B. Casting of Votes Preparation of ballots for illiterates and disabled persons- They may be assited by th a relative by affinity or consanguinity within the 4 civil degree, any person of his confidence who belongs to the same household, any member of the BOI, except the party members Challenge of illegal voters sec. 199 and 200 (see table) Challenge based on certain illegal acts (see table) - the challenged person shall take a prescribed oath before the BEI that he has not commited any of the acts alleged in the challenge. Upon taking of such oath, the challenge shall be dismissed and the challenged voter shall be allowed to vote. C. Counting of votes Marks considered sufficient to invalidate ballot: those which the voter himself deliberately paced on his ballot for the purpose of identifying it thereafter. Duties of BOI in couting votes- should not concern themselves with the eligibility of the candidates guiding principle in appreciation of ballots: libierally construed which will render the ballot effctive - a certificate of votes doesnt constitute sufficient evidence of the true and genuine results of the election, only the returns D. Canvass and Proclamation Comelec: - has direct control and supervision over the board of canvassers and its proceedings - has power to investigate and act on the propriety or legality of the canvass ! includes the power to revise, reverse and set aside the action of the boards ! however, the Commission doesnt have the power, in the face of canvass of election returens to look beyond the face thereof, once satisfied of their authenticity Function of a canvassing board in the canvass of returns is purely ministerial Majority vote of all memebrs of the board of cancassers is necessary to render a decision Recount of votes cast in case of discrepancies in election returns: 1. there are discrepancies in the other authentic copies of election returns from a polling place or discrepancies in the votes of any candidate in words and figures in the return 2. the difference affects the results of the election 3. motion fo the board of canvassers or any candidate affected 4. notice to all candidates concerned 5. determiniatoin WON the integrity of the ballot box has been preserved recountmerely consists in the mathematical counting of the votes received by each candidate, it doesnt involve any appreciation of ballots or the determination of hteir validity.

- the proclamation of a winning candidate renders moot and academic a mandamus suit filed by a candidate to compel the board to recount the votes. Remedy is to file an election protest - the proclaimed candidates assumption of office cannot deprive the COMELEC of the power to declare such nullity and annul the proclamation Verification of alleged irregularities in the casting or counting of votes: as long as the returns appear to be authentic and duly accomplished on their face, the BOC cannot look beyond them to verify allegations of irregularites in the casting or counting of the ballots - COMELEC can suspend canvass peding its inquiry WON there is a discrepancy between the copies of election returns from the disputed voting centers - an incomplete canvass of votes is illegal and cannot be the basis of a subsequent proclamation. Howver, this is true only where the election returns missing ornot counted will affect the results of the election. 0- the office of any official elected who fails or refuses to take his oath of office within 6 months from his proclamation shall be considered vacant, unless said failure is for a cause beyond his control Nature of boards duties: Ministerial: correction of manifest mistake in the mathematical addition calls for a mere clerical task on the part of the board. The remedy is purely administrative Quasi-judicial: to determine WON any given return before it is genuine (e.g. it is the duty of the board to suspend the canvass where there are patent erasures and superimpositions in the election returns) The findings of the canvassers and the certificate of election issued by them are prima facie evidence of the result and of the title to the office of those declared elected. - courts decision always prevail Automated Elections CONTESTED ELECTIONS Preproclamation controversy: any question or matter pertaining to or affecting the proceedings of the board of canvassers which may be raised by any candidate or by any registered political party or coalition before the board or directly with the COMELEC. - refers to an election controversy raised before proclamation. After proclamation, the controversy becomes an election contest - COMLEC has exclusive jurisdiction over all pre-proclamation controversies RA 9369- preproclamatino cases involving the authenticity and due execution of certificates of canvass are now allowed in elections for president, VP and senators "SEC.15. Pre - proclamation Cases in Elections for President, Vice-President, Senator, and Member of the House of Representatives. - For purpose of the elections for president, vice - president, senator, and member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificates of canvass, as the case may be, expect as provided for in Section 30 hereof. However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election before it. "Question affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the Commission in accordance with Section 19 hereof. "Any objection on the election return before the city or municipal board of canvassers, or the municipal certificates of canvass before the provincial board of canvassers or district board of canvassers in Metro Manila Area, shall specifically notice in the minutes of their respective proceeding." Exceptions to the rule that no pre-proclamation cases are allowed for the above offices: 1. discrepancy in other authentic copies or discrepancy in votes of any candidate in words and figures in the certificates of canvass 2. discrepancy in votes of any candidate in the certificate of canvass wit hteh aggregate number of votes in the election returns 3. the certificate of canvass appears to be incomplete 4, there are erasures or alterations which have the effect of casting doubt on the veracity of the number of votes stated, which may affect the results of the election ! Barangay officials are also not subject to pre-proclamation cases Controversy to be first heard and decided by a divionn of the Commission Art. IXc, sec. 3 ! but a petition for correction of manifest error in the statement of votes, or in the tabulation or tallying of the results, a pre-proclamation controversy may be filed directl y with the comelec en banc -summary hearing of pre=proclamation controversies

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issues that may be raised (see table) GR: the COMELEC is not to look beyond or behind election returns which are on their face regular and authentic; the remedy seekingt oraise issues of fraud, votebuying, terrorism, tampering and falsification is a regular election protest Exception: prima facie showing that the return is not genuine, and therefore, obviously manufactured - correction of manifest errors in the tabulation is an issue that may be raised in a pre-proclamation controversy -where election returns found to be spurious or falsified, comelec may oder the BEI to recount the votes. Scope of Pre-proclamation controversy: the lack of inner paper seals in the election returns doesnt justify their exclusion from the canvassing. It is not a proper subject of pre-proclamation controversy. -error regarding errors on the statement of votes may be reaised as a preproclamation controversy directly with the COMELEC - directed against the Board of canvassers not BOI - proclamation of winning candidate makes the pre-proclamatino controversy no longer viable exception: proclamation is based on an incomplete canvass - Comelec is empowered to nullify contested election returns on the basis of statistical improbability - an incomplete canvass of votes is illegal and cannot be the basis of a valid proclamation ???If the cases raises pre-proclamation issues, the COMELEC sitting en banc has no original jurisdiction over the same? Questions properly cognizable in an election protest: 1. appreciation of votes 2. conduct of balloting e.g. reopening of ballots sham voting or minimal voting which was made to appear as normal through falsification won there had been terrorism, vote buying and other irregularities padded voters list, massive fraud instances where a pre-proclamation recount may be resorted to are: 1. election returns canvassed are incomplete or contain material defects sec. 234 1. the election returns canvassed appear to have been tampered with, falsified or prepared under duress sec. 235 3. the election returns canvassed contain discrepancies in the votes credited to any candidate, the difference of which affects the results of the election sec. 236 instances when there may be Suspension of proclamation: 1. filing of proclamation controversy 2. action for disqualification (cf. evidence of guilt is strong) 3. if there is ground for denying or cancelling certificate of candidacy Suspension of proclamation and period for filing election protest Sec. 248: the filing with the COMELEC of a petition to annul or to suspend the proclamation shall suspend the running of the period within which to file an election protest or quo warranto proceedigns Sec. 242: the comelec shall have exclusive jurisdiction of all pre-proclamation controversies. It may motuproprio or upon written petition and after due notice and hearing, order the partial or total suspension of the proclamation of any candidate or annul if one has been made Remedy after winning candidate has been proclaimed: Electoral protest before the proper forum When proclaimed candidate may still be unseated: 1. when his opponent is adjudged the true winner of the election by a final judgment of a court in the election rpotest 2. when the prevailing party is declared ineligible or disqualified by final judgment of a court in a quo warranto case 3. when the incumbent is removed from office for cause 2. when proclamation is null and void. Effect when term of office begins All pre=proclamation cases pending before the COMELEC shall be deemed terminated without prejudice to the filing of regular election protest. BUT proceedings may continue when on the basis of the evidence thus far presented, COMELEC determines tha the petition appears to be meritorious and accordingly isses an order for the proceeding to continue or when an appropriate order has been issued by the SC in a petition for certiorari Pre-proclamation controversy how commenced (see table) IMPORTANT: the only gorunds for pre-proclamation controversies are questions affecting the compositon or proceedings of the board of canvassers. A comelec resolution issued after the AES impliedly repealed the other grounds for a preproclamation controversy. Also there is no more suspension of proclamation (resolution 88-04) Summary dispostion of pre-proclamation cases: within 7 days from receipt, executory after the lapse of 7 days from receipt by the losing party of the COMELEC decision. Effect of filnig of an election protest/ petition for quowarranto (see distinctions 4) GR: the filing precludes the subsequent filing of a pre-proclamation controversy or amounts to the abandonment of one earlier filed. All questions relateive thereto will have to be decided in the case itself and not in another proceeding. Exceptions: 1. the BOC was improperly constituted 2. Quo warranto was not the proper remedy 3. what was filed was not really a petition for quo warranto or an election protest but a petition to annul a proclamation 4. the filing of a quowarranto petition or an election protest was expressly made without prejudice to the pre-proclamation controvery or was made ad cautelam 5. proclamation was null and void. Election contest (to dislodge the winning candidate from office) 1. election protest: a. by a defeated candidate b. against a proclaimed candidate c. valid proclamation Deep Public interest to determine true choice of people, Art. Ii, sec. 1; need of dispelling with the least dealy the uncertainty which beclouds the real choice of the electorate with respect ot who hsall discharge the prerogatives of the office within their gift Execution pending appeal- (applicable only to election contests filed in court) may be filed at any time before the period for the perfection of the appeal upon good reasons. Requisites: 1. a motion by the prevailing party with notice to the adverse party 2. good reasons for the execution pending appeal ! a combination of 2 or more of them will suffice: a. public interest or will of the electorate b. shortness of the remaining portion of the term of the contested office c. length of time that the election contest has been pending. Protest do not require a CNFS Demurrer to evidence o Protestee should not be permitted to present a motion for dismissal or a demurrer to the evidence o fthe protestant, unlee he waives the introduction of his own evidence in case the ruling on his motion or demurrer is adverse to him. Consti provisions Congress art. Vi, sec. 17 Section 17. The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election, returns, and qualifications of their respective Members. Each Electoral Tribunal shall be composed of nine Members, three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice, and the remaining six shall be Members of the Senate or the House of Representatives, as the case may be, who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. The senior Justice in the Electoral Tribunal shall be its Chairman. President, Art. Viii, sec. 5 Until and unless the elction protest is decided against him, hehas lawful right to assume and perform duties and functions of the office - the expiration of the term of office contested in an election protest has the effect of rendering the same moot and academic The question of WON there ere terrorism, vote-buying and other irregularities in the election should be vetilated in regular election protest. COMELEC is not the proper forum for deciding such protests?? Evidence on the election: 1. election returns 2. ballots 3. poll books and tally sheets 4. election officials 5. voters 6. certificate of votes 7. thumbprint of votes Rules: - when there is an allegation oin an election protest that would require the perusal, examination or counting of ballots as evidence, it is the ministerial duty of the trial

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court ot order the opening of the ballot boxes and the examination and countring of the ballots deposited therein - a supplemental position to the original petition involving a preproclamation controversy is a prohbited pleading Effect of ineligibility or death of candidate receiving majority of votes In our jurisdiction: does not entitle the candidate who garnered the second highest number of votes to be declared elected but merely results in making the elcition a nullity. Doest apply when: 1. candidate was disqualified by final judgment before election day

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