PERMANENT APPOINTMENT

Issued to an officer upon completion of all the conditions required for the position, including the civil service eligibility.

Failure to comply with the conditions makes the officer a temporary appointee.

TERM AND TENURE

TERM

The fixed and definite period of time where a person can hold office

1. Denotes permanency in appointment

2. There is a security of tenure

3. Fixed by law or the Constitution

4. Removal can only be effected if there is due cause and due process

KINDS OF TERM:

1. Terms expressly fixed by law and the Constitution

2. Terms for good behavior until reaching retirement age

3. Terms which are indefinite and is terminated at pleasure of appointing officer.

TENURE

The occupation is:

a. limited to a specified period or

b. is coterminous with appointing officer, or

c. subject to the pleasure of the appointing officer, or

d. subject to the completion of a project

1. Denotes temporary appointment

2. Removal can only be with or without due cause

3. Upon expiration of the tenure the rights and duties to the office ceases by operation of law, unless authorised by law to hold-over.

APPOINTMENT WITH A DEFINITE PERIOD

An appointment having a definite period which expires upon the non-renewal of the term.

APPOINTMENT FOR A FIXED TERM

If an appointment for a fixed term provides the clause "unless sooner terminated", the termination must still be for cause and must observe due process requirements.

HOLD-OVER CONCEPT

Generally, in the absence of an expressed or implied provision to the contrary, an officer is entitled to hold office until his successor is:

1. elected or appointed, and

2. has qualified for the position

a. This is allowed provided no law prohibits it

b. It carries a fixed term

c. It generally applies in cases where a person retires and continues working with the office until a replacement is appointed.

d. It must not be more than 6 months

e. The purpose is to avoid or prevent a vacuum in the delivery of public service.

f. Qualified for the position assumes the taking of oath and entering into the discharge of his duties after the appointment or election.

PROMOTIONAL APPOINTMENT

A move from one position to another which entails additional responsibilities, duties and benefits.

1. There must be a law authorising the promotion.

2. Promotion in the Civil Service is based on the qualifications of a person.

3. Qualifications may be based on:

a. qualification for the promotion

b. moral character

c. devotion to duty

d. loyalty to service

4. The appointing officer continues to enjoy discretionary powers to make such promotional appointments.

5. When a permanent officer is promoted to another office but his promotional appointment was invalidated, he is deemed not to have lost or abandoned his previous office and he should therefore be allowed to revert back to the former position, provided he is a regular employee.

REINSTATEMENT

1. The issuance of a new appointment

2. which is discretionary upon the appointing officer

3. in favor of the appointee

4. who possesses the qualifications required by law.

AUTOMATIC REVERSION RULE

a. There is a series of promotions

b. All of the promotional positions are simultaneously submitted to the CSC

c. If one promotion is invalidated, everyone included in the series is reverted back to their former positions.

TRANSFERS

This refers to movement from one position to another with the same rank and salary, without break in the service.

APPOINTMENT OF NEXT IN RANK

As a general rule, the employee next in rank is given preference to fill the position directly and immediately above him.

However, such rule is not mandatory and appointing officer continues to retain discretion in making appointment under his power of selection.

Vacancies may be filled by transfers, reinstatement, reemployment or outside appointment, provided :

a. the appointee has civil service eligibility, and

b. appointing officer cites the reason for such outside appointment.

The appointing officer continues to enjoy his appointment prerogative.

In cases where an aggrieved party :

1. The complaint must be filed with the department head

2. The complaint must be determined within 30 days from receipt

3. Appeal may be made within 15 days from the CSC

4. Decision may be raised with the CA through a petition for review

GOCC

1. A government owned or controlled corporation is a stock or non-stock corporation performing governmental or proprietary functions.

In cases where it is incorporated under special laws or under corporation code, it is deemed a GOCC if government controls or owns majority of its shares.

2. A GOCC is not governed by the civil service laws when it is incorporated:

1. without an original charter,

2. under the Corporation Code

3. The hiring and firing of employees of a GOCC governed under an original charter, however, is governed by the civil service laws.

LIABILITIES FOR ILLEGAL APPOINTMENT

The appointee and the appointing officer is both civilly and criminally liable for violations of the civil service laws on appointment.

1. UNLAWFUL APPOINTMENTS

2. FRAUD, DECEIT AND MISREPRESENTATION

3. KNOWINGLY APPOINTING OR NOMINATING ANY PERSON WHO LACKS LEGAL QUALIFICATIONS

QUO WARRANTO

An action to determine better rights over a position in public office

KINDS OF QUO WARRANTO:

1. QUO WARRANTO FOR ELECTIVE OFFICIALS

1. Grounds must be :

a. ineligibility, or

b. disloyalty

2. Must be filed within 10 days after proclamation, without extension

3. Can be filed by:

a. any interested voter, or

b. person entitled to the position

2. QUO WARRANTO FOR APPOINTIVE OFFICIALS

1. Ground is legality of the appointment

2. may be filed only by the aggrieved or deprived party

3. Must be filed within 1 year from date petitioner was ousted from office, except in cases where the delay is caused by the acts of a

responsible government officer and not the aggrieved party.

4. If there is a failure to file in prescribed period, remedy is to seek administrative remedy (Exhaustion of administrative remedies)

5. The 1 year period is not suspended by the pending proceeding in an administrative case.

NOTES:

1. Issues against the title to a public office may only be raised in a direct proceeding by means of the special civil action of quo warranto.

2. The Solicitor General, or his representatives may file for the action in behalf of the Republic of the Philippines.

In case of their failure to file such action, Petition for Mandamus may be filed.

3. Waiver or abandonment of right to file action:

a. acceptance of separation benefits

b. no reservation expressed to right to file action

4. Judgment in case of valid complaint:

a. Ouster from office

b. Recovery of cost

c. Determination of rights under basis of equity.

VOID APPOINTMENTS

A void appointment :

a. confers no right, except those of a de facto officer.

b. can not be given security of tenure

KINDS OF VOID APPOINTMENTS:

1. NON-COMPLIANCE OF LEGAL REQUIREMENTS

It, however, may be corrected by another valid appointment

2. APPOINTMENT SECURED THROUGH FRAUD OR MISREPRESENTATION

It is void and appointee should immediately be removed

He is not obligated to return earnings actually worked

3. FAILURE TO POSSESS CIVIL SERRVICE ELIGIBILITY

This is also null and void and cannot be validated.

APPOINTMENT OF A RETIREE

This rule applies compliance with the conditions in cases where appointee is:

1. retiree, or

2. over 65 years of age

CONDITIONS :

1. There is an immediate or urgent need for his service

2. The appointee possesses special skills or qualifications not possessed by other officers

3. The vacancy cannot be filled by promotion or transfer, or there is no qualified person available

DOUBLE APPOINTMENT

1. Double appointments are not prohibited as long as positions are not incompatible

2. The appointee cannot receive additional or double compensation unless authorised by law.

KINDS OF PUBLIC OFFICERS

1. DE JURE OFFICER

An officer or person having a lawful or legal right over the office

2. DE FACTO OFFICER

An officer who has no legal right over an office

If he assumes office in good faith, he is entitled to the benefits and other emoluments derived from the office.

SALARY OR COMPENSATIONThe basic pay a person is entitled to as compensation

PER DIEMThe daily allowance given to a person or officer who works away from the principal office

HONORARIUMGiven as a token or appreciation for services rendered

TERMINAL LEAVE PAYRefers to the cash value of a retiree's accumulated leave pay.

BASIC RULES ON COMPENSATION1. Salaries cannot be the subject of a garnishment

2. Double compensation is prohibited unless allowed by law otherwise. Pension or gratuities are not considered compensation

3. A person receiving a government pension who is reinstated is not double compensation. However, his previous years in the government will not be credited in case he avails of a new separation pay.

KINDS OF PUBLIC OFFICER:

1. DE JURE OFFICER

There has been compliance with all the requisites of law.

An officer who is:

1. legally appointed or elected and

2. has qualified to exercise the office

2. DE FACTO OFFICER

An officer who has assumed the office under:

1. an incomplete appointment or election

2. there was lack of compliance to eligibility requirements, or

3. there was a want in the appointing officer or in the election process

GENERAL RULES ON DE FACTO OFFICER:

1. A de facto officer is entitled to all the emoluments vested with the office for actual services rendered.

2. He is not required to reimburse funds disbursed during his term of office, except if the officer continues to hold office after the proper appointment has been made in favor of another person.

3. There can only be a de facto officer, there is no de facto office

4. The acts of a de facto officer is valid as far as the public is concerned.

5. It cannot be attacked collaterally by a writ of prohibition

Only the state may attack the office through a quo warranto proceedings.

ELEMENTS OF A DE FACTO OFFICER

1. There is a de jure office

2. There is a color or defect of right or authority

3. There is actual possession of the office in good faith

4. There is acquiescence or silence by the public.

USURPER

A person or officer who usurps an office and performs official duties without any right or authority. This is a void office.

COMPENSATION

SALARY

The pay or compensation as the base pay of the position held.

It is fixed by law or regulations

Does not include bonuses, per diem, allowances and overtime pay.

PER DIEM

Daily allowance given for each day to an officer who is away from his home base.

HONORARIUM

Something given in appreciation for services rendered, or

voluntary donation for services rendered (resource person, researcher, similar projects)

REQUISITES FOR PAYMENT OF SALARIES:

1. Existence of a legally created position with a fixed compensation attached

2. Issuance of a valid appointment

3. There is rendering of services

4. Payment is given to the right person

GENERAL RULES

1. A person is entitled to salary attached to the office only if he is holding the title over such office.

2. In cases where an elected official is ousted from office, he is entitled to all forms of compensation attached to the office from date of assumption up to date of ouster

3. Salary may not be garnished

a. Salaries due to government employees cannot be attached or garnished until such time that actual salary is received by the employees.

b. Before such time, the salary continues to be owned by the government.

c. An exemption is made in cases of a lawful court order garnishing salary for purposes of family support.

d. In cases of ATM being declared lost while in possession of creditors, the only available remedy is an ordinary civil action for recovery of money claims.

CONSTITUTIONAL RESTRICTIONS ON COMPENSATION

1. Salaries of Senators and Congressmen are fixed by law, no salary increase in said compensation shall take effect until after the expiration of the full term of all members approving the increase.

2. The salary of the President and Vice president is fixed by law and cannot be reduced during their tenure.

They likewise cannot increase their compensation until the expiration of their term

They are not allowed to receive any emolument from Government or other sources while they remain in office.

3. The salary of the following officers are fixed by law and it cannot be reduced while they continue to assume their office.:

a. CJ and AS of the SC and other judges

b. Chairman and Commissioners

c. Ombudsman and deputies

4. All elective and appointive officers cannot receive double compensation unless specifically authorize by law

5. All elective and appointed officers cannot receive any present, emoluments or office from a foreign government without approval from Congress.

6. Pension and gratuities are not considered additional, double or indirect compensation.

DOUBLE COMPENSATION

1. This refers to concurrent salaries and allowances received by a public officer.

2. Honorarium and other forms of compensation is allowed only if specifically provided by law.

3. There is no double compensation in the following case:

a. A public officer has retired and is receiving pension,

b. He is appointed or elected to another public office after retirement

c. However, upon re-entry, benefits attached to the new position is computed only at the time the person assumed the second position.

VACATION LEAVE AND SICK LEAVE

1. Vacation and sick leaves are commutative

2. Failure to avail leaves may be carried over to the succeeding year

3. This commutative rule applies to appointed employees only, not elective officers.

TERMINAL LEAVE PAY

1. Sick leave and vacation leaves which were not availed

2. May be converted to leave credits and is given a cash value upon resignation or retirement

3. The leave credit may also be monetized provided :

a. the office to which the position is attached has surplus or savings, and

b. limited up to an equivalent of 30 days only

4. The basis for computing for the terminal leave pay is the highest salary received while in the public service, regardless of length of service in such position.

RETIREMENT

CONDITIONS FOR RETIREMENT:

1. Completion of 30 years of service, and having reached age of 57 years old

Provided :

1. Last 3 years before retirement was continuous, and

2. Made GSIS contributions for at least 5 years

2. Completion of 30 years or 20 years of service, regardless of age

3. AUTOMATIC AND COMPULSORY RETIREMENT

1. Upon reaching age of 65,

2. lump sum payment

4. COMPULSORY RETIREMENT

1. 65 years old

2. rendered 15 years of service

5. OTHER COMPULSORY RETIREMENT AGE:

AFP, PNP 56 years old

JUDICIARY 65 years old

COMPULSORY RETIREMENT:

1. Generally, a public employee is deemed compulsory retired:

a. upon reaching the age of 65 years old, and

b. having rendered 15 years of service

2. In cases where employee has reached age of 65 but has yet to complete the required 15 years of service, the employee is allowed to extend his employment to fulfill the requirement provided:

1. The extension is approved by the proper authority, and

2. Such extension must not exceed a period of 1 year.

3. Vacation leaves without pay (VL made in excess of allowed paid leaves) shall not be counted under the Terminal Leave Pay Rule

4. The entry of employees to public office is now allowed to applicants aged 45 years old and below, except in cases where position is highly technical

5. The ruling case on the extension period allowed 91 year) is Rabor vs. CSC (1995)

OTHER PRIVILEGES:

1. Legal services of Solgen and government lawyers

They may represent a public official in an action for damages, provided the claim arises from an act or omission performed in performance of his duties.

They may also be represented if sued in their official capacity, even if no damages are sought.

2. Legislative privileges

1. Immunity from arrest

Senators and congress enjoy immunity from arrest in all criminal acts provided:

1. The penalty attached does not exceed an imprisonment of 6 years

2. Congress is in session.

If congress in recess, he may be arrested even if act attaches an imprisonment of less than 6 years.

Immunity does not cover suspension as a member of Congress.

3. Immunity of privilege of speech

1. in performance of functions

2. covers speeches made and votes cast

3. while Congress in session or in recess

4. within or outside of premises of Congressional offices

4. Privilege of impeachable officers

1. Impeachable officers cannot be suspended or removed. Except through impeachment.

2. Immunity covers disbarment cases

3. Covers President, Vice-president, Justice of the SC, Members of Concomm and Ombudsman

CODE OF CONDUCT AND DISABILITIES

1. Public officials are accountable to the people:

a. to serve them with utmost responsibility, integritry, loyalty and efficiency,

b. to act with patriotism and justice and

c. tolead modest lives.

2. The following acts are forbidden:

1. Public officials must not have any direct or indirect financial or material interest in any transaction requiring the approval of their office

2. They are not allowed to solicit or accept any gift, gratuity, favour loan or anything of monetary value.

Nominal gifts, scholarships, and medical treatment are allowed.

Travels abroad are allowed provided permitted by office head.

3. Duty to act promptly

a. 15 days after receipt of complaint from public, with action taken stated.

b. 45 days after year end to submit performance reports

4. Engage in private practice of their profession unless allowed by law and is not in conflict with their public duties.

5. Partisan politics

Covers regular employees and AFP employees only.

It does not cover employees holding political offices.

6. Strike

Strikes, demonstration, mass leaves, walk-outs and other forms of mass action resulting in temporary stoppage or disruption of work is not allowed.

Labor unions or organization is allowed for purposes of bargaining for better terms and conditions of employment.

7. HOLDING MULTIPLE POSITIONS

Elective officials is eligible for an appointive position, but he must resign from his elective post.

3. RECORDS ACCESSIBLE TO PUBLIC

1. Must be readily available for inspection within reasonable hours

2. Violation incurs criminal liability

3. Exception:

a. Military secrets

b. Diplomatic ssecrets

c. Other information of sensitive national interest

4. CONSTITUTIONAL PROHIBITIONS

1. Congress and Senators may not personally appear as counsel in any court or quasi-court.

2. Congress and Senators cannot have a financial interest, directly or indirectly, in any contract or franchise or special privilege granted by the State.

3. The President, VP, Cabinet members and their assistants and deputies cannot practice their profession or participate in any business.

4. The prohibition covers the spouse and relatives up to 4th civil degree by consanguinity or affinity.

QUANTUM OF EVIDENCE

ADMINISTRATIVE CASES SUBSTANTIAL EVIDENCE

CRIMINAL CASES AND SPECIAL PENAL LAWS PROOF BEYOND REASONABLE DOUBT

1. A case filed by the Ombudsman against a public officer is different from a criminal case against such officials.

1. The liabilities attached to the action is separate from one another.

2. In cases where a public officer is acquitted in the criminal case, a motion to dismiss may be filed in the administrative case since the quantum of evidence required in the criminal case is different

3. However, in case where the administrative case declared an acquittal but the case was raised on appeal, the criminal case shall continue

2. A case commenced by the Ombudsman is filed with the Sandiganbayan. In cases where the action is raised on appeal, it shall be directed to the SC since the Sandiganbayan is an equal branch with the CA.

MODES OF TERMINATION OF EMPLOYMENT:

1. TERMINATION OF TENURE

2. RESIGNATION

1. Must be in writing, and

2. Acceptance

3. RETIREMENT

4. RECALL

Based on grounds of loss of confidence

Recall is also exercised in elective positions through a people’s initiative.

5. REMOVAL FROM SERVICE

Requires due process and for cause if employee is a regular one

6. ABANDONMENT

Absence without official leave

30 days without prior approval

Due process essential

7. INCOMPATIBILITY

This refers to cases where a public officer accepts a position which is incompatible with his earlier office.

An elective official cannot holdanother elective or appointive position unless he vacates the old position.

8. ABOLITION OF OFFICE DUE TO REORGANIZATION

1. Abolition must be in good faith.

2. Employee is entitled to all the benefits attached to position

3. Power to abolish vested with Congress (Power to reorganize)

4. Constitutional Commissions cannot be abolished by Congress

9. PRESCRIPTION OF RIGHT TO OFFICE

Applies in cases of Quo Warranto Cases

10. IMPEACHMENT

Applies to Constitutional Commisasioners, VP, President, Chief Justice and SC Justices

11. DEATH

12. FAILURE TO ASSUME AN ELECTIVE OFFICE WITHIN 6 MONTHS FROM TAKING OF OATH OF OFFICE

13. CONVICTION OF A CRIME

14. VIOLATION OF THE CERTIFICATE OF CANDIDACY (COC)

An appointed employee is deemed to have resigned from office the moment he files his COC

If COC is withdrawn, jurisprudence states that he is still deemed resigned.

This is an exemption to general rule on resignation.

In cases of elective officials, they are not deemed resigned to avoid creating a vacuum in public service.

ELECTION LAWS

BASIS OF LAW:

1. RIGHT TO SUFFRAGE

Article 5, 1987 Constitution

1. It may be exercised by :

a. Philippine citizens not disqualified by law

b. at least 18 years old

c. residency requirement:

1. at least 1 year in country

2. at least 6 months in place where they intend to vote

2. B.P. Blg 881 (Omnibus Election Code)

3. RA 7166 (Synchronized Voting Act)

4. CONSTITUTIONAL PROVISIONS ON ELECTION

1. Sovereignty resides in the people and all powers emenates from them.

2. This is the only venue where the people directly participates in the governance of the country.

PURPOSE:

1. An exercise of a democratic and republican act of the citizens of the state.

2. The people or citizens are given free will to choose their leaders.

GENERAL PRINCIPLES AND GUIDELINES:

1. The right to suffrage is not mandatory.

2. The campaign period is:

a. 90 days for national candidates, and

b. 45 days for local candidates (governors and congressman down)

3. No campaigning can be made in following dates:

a. Maudy Thrusday

b. Good Friday

c. The day before election date

4. PREMATURE CAMPAIGNING

A person is not deemed officially a candidate until the campaign period starts.

5. Election laws are construed in favour of the voters. The will of the voters must prevail over technicalities.

6. ELECTION POSTPONEMENT

1. In case of postponement, the election must be held within 30 days

2. The decision can only be made by the Commission En Banc

3. The cause for postponement must have existed BEFORE the actual election.

7. FAILURE OF ELECTIONS

1. The grounds to call for a failure of elections must occur during the election date itself.

2. In such cases, a special election shall be held, provided:

a. no voting took place, or

b. the voting resulted in a failure of elections, or

c. the votes which was not yet cast will affect the results of the elections.

8. POLITICAL SUBDIVISIONS:

1. Cordillera Regions

2. Autonomous Region of Muslim Mindanao

9. An entourage of a person running for an elective office is limited to 10.

KINDS OF ELECTION

1. REGULAR ELECTION

The election as provided or expressed by law and the Constitution.

It has a scheduled and fixed date

Examples:

National and local elections of public officers

Election of policies through referendum

2. SPECIAL ELECTION

Purpose is to fill a vacancy

Examples

Recall elections

Plebiscite

Referendum

Sangguniang Kabataan Elections

a. Scheduled every 3 years concurrent with Baranggay Elections, unless postponed.

b. Deemed a special election because the voters are not yet deemed voters under the Constitution (15 – 17 years old)