LAWYER’S OBLIGATION 1. Maintain allegiance to the Republic of the Philippines; 2. Support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; 3. Do no falsehood nor consent to the doing of any in court; 4. Not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; 5. Delay no man for money or malice, and 6. Conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the court as to my clients; and 7. I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God. SCOPE OF ADMINISTRATIVE LAW 8. Fixes the administrative organization and structure of the government; 9. Execution of which is entrusted to administrative authorities; 10. Governs public officers including their competence (to act), rights duties, liabilities, election, etc; 11. Creates administrative agencies defines their powers and functions, prescribes their procedure, including adjudication or settlement by them of contested matters involving private interests; 12. Provides the remedies, available to those aggrieved by administrative actions or decisions; 13. Governs judicial review of, or relief against, administrative actions or decisions; 14. Rules, regulations, orders and decisions made by administrative authorities dealing with the interpretation and enforcement of the laws entrusted to their administration; and 15. Body of judicial decisions and doctrines dealing with any of the Above CHARACTERISTICS OF ADMINISTRATIVE AGENCIES 16. Size 17. Specialization 18. Responsibility as to results 19. Variety of administrative duties NECESSARY DELEGATION 20. Delegation of Internal management 21. Delegation of authority to dispose of routine matters 22. Delegation of authority to dispose of matters informally or to initiate formal proceedings 23. Delegation of authority and function to conduct formal proceedings NATURE OF POWERS 24. Jurisdiction is limited 25. Powers within their jurisdiction broad 26. Powers subject to the Constitution, applicable law or administrative regulation CLASSIFICATION OF POWERS OF ADMINISTRATIVE AGENCIES AS TO NATURE 27. Investigatory powers 28. Rule- making powers 29. Adjudicatory powers SCOPE & EXTENT OF POWERS OF ADMINISTRATIVE AGENCIES 30. Initiation of investigation 31. Conduct of investigation 32. Inspection and examination 33. Requirement as to accounts, records, reports or statements 34. Requiring attendance of witnesses, giving of testimony and production of evidence 35. Hearing 36. Contempt proceedings 37. Application of technical rules of procedure and evidence CONDITIONS TO GRANT OF RULE- MAKING POWERS 38. The statute is complete in itself, setting forth the policy to be executedby the agency; and 39. The statute fixes a standard, mapping out the boundaries of the

agency’s authority to which it must conform. LIMITATIONS TO RULE MAKING POWER 40. May not be used to abridge the authority given by Congress or the Constitution or to enlarge its power beyond the scope intended. 41. May not by its rules and regulation, amend, alter, modify, supplant, enlarge or limit the terms of the statute 42. In case of discrepancy between the basic law and an implementing law, basic law prevails 43. A rule or regulation should be uniform in operation, reasonable and not unfair or discriminatory KINDS OF RULE MAKING POWER 44. Contingent legislation or determination 45. Supplementary or detailed legislation 46. Interpretative legislation INDENTIFYING CHARACTERISTICS OF LEGISLATIVE RULES 47. The statute has delegated power to the agency to adopt the rule; and 48. It provides that the rule shall, if within the delegated power, have authoritative force REQUIREMENTS FOR VALIDITY OF ADMINISTRATIVE RULES AND REGULATIONS 49. The rules and regulations must have been issued on the authority of law; 50. They must not be contrary to law and the Constitution; 51. In certain cases, previous notice and hearing or 52. Publication may be necessary to satisfy the requirement of due process 53. They must be promulgated in accordance with the prescribed procedure QUESTIONS IN DETERMINING THE VALIDITY OF RULES 54. Whether the rule relates to the subject matter on which power to legislate has been delegated; 55. Whether the rule conforms to the standards prescribed in the delegatory statute 56. Whether the rule is invalid on constitutional grounds, such as due process TESTS APPLIED IN DETERMINING VALIDITY OF RULES 57. A rule is invalid if it exceeds the authority conferred to it 58. A rule is invalid if it conflicts with the governing statute 59. A rule is void if it extends or modifies the statute 60. A rule is void if it has no reasonable relationship to the statutory purpose 61. Courts will set aside rules deemed to be unconstitutional or arbitrary or unreasonable REQUISITIES FOR VALIDITY FOR PENAL RULES & REGULATIONS 62. The law which authorizes the promulgation of rules and regulations must itself provide for the imposition of a penalty for their violation; 63. It must fix or define such penalty; 64. The violation for which the rules and regulations impose a penalty must be punishable or made a crime under the law itself 65. The rules and regulations must be published in the Official Gazette MISCELLANEOUS ACTS 66. The function of the draft boards 67. The parole of prisoners, at least so long as the duration of the sentence is not affected, and the revocation of parole 68. The transfer of prisoners from one place of imprisonment to another 69. Passing upon a petition to call and election 70. Deportation of aliens CLASSIFICATION OF ADJUDICATORY POWERS 71. Dispensing powers 72. Enabling powers 73. Equitable powers 74. Directing powers 75. Summary powers

NEED FOR DELEGATION 76. Details and questions are beyond capacity of the legislature to determine 77. Matters requiring more specialized knowledge & expertise possessed by administrative agencies REQUISITES OF DELEGATION 78. Completeness of the statute making the delegation 79. The presence of a sufficient standard PERMISSIBLE DELEGATION 80. Delegation of tariff powers to the President under Section 28(2) of Article VI of the Constitution 81. Delegation of emergency powers to the President under Section 23(2) of Article VI of the Constitution 82. Delegation to local governments the power to create its own sources of revenues and to levy taxes, fees, and charges 83. Delegation to administrative bodies 84. Delegation to the people at large to directly propose and enact laws or approve or reject any law or part thereof passed by the Congress or local legislative body CHARACTERISTICS OF ADMINISTRATIVE PROCEEDINGS 85. Adversary in nature 86. Quasi- judicial or judicial in nature 87. Civil, not criminal, in nature 88. Not an action at law, nor is it a litigation between private parties REQUISITES OF ADMINISTRATIVE DUE PROCESS 89. Right to notice of the institution of the proceedings that may affect a person’s legal right; 90. Reasonable opportunity to appear and defend his rights & introduce witnesses & relevant evidence in his favor, and to controvert evidence of other party 91. A tribunal vested with competent jurisdiction, so constituted as to give him reasonable assurance of honesty and impartiality 92. A finding/ decision by that tribunal supported by substantial evidence presented at the hearing or at least ascertained in the records or disclosed to the parties affected ELEMENTS OF RIGHT TO HEARING 93. To present his case or defense, and submit evidence in support thereof 94. To know the claims of the opposing party and to meet them 95. To cross- examine witnesses for a full and true disclosure of the facts 96. To submit rebuttal evidence GROUNDS OF ADMINISTRATIVE AGENCY’S POWER TO MODIFY THEIR DECISIONS 97. Fraud of imposition 98. Mistake 99. Surprise 100. Inadvertence 101. Newly discovered evidence 102. To meet changed conditions REQUISITES OF RES JUDICATA 103. Final judgment or order 104. Jurisdiction of the court or agency over the subject matter and the parties 105. Identity of the parties, subject matter and cause of action CONTENTS OF A PETITION FOR REVIEW 106. State the Full names of the parties to the case, without impleading the court or agencies either as petitioners or respondents 107. Concise statement of the facts and issues involved and the grounds relied upon for the review 108. Be accompanied by a clearly legible duplicate original or certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of the record as are referred to therein and other supporting papers 109. State all the specific material dates to prove it is within the reglamentary period provided therein

110. Contain a sworn certificate against forum- shopping as required in Revised Circular no. 28- 91 GROUNDS THAT WARRANT A REVERSAL OF ADMINISTRATIVE FINDINGS 111. Judgment is based on misapprehension of facts or the findings of facts are conflicting 112. Agency sustained irregular procedures and through the invocation of summary methods, including rules on appeal, has affirmed an order which tolerates a violation of due process 113. Agency/ CA overlooked certain facts of substance and value which if considered would affect the result of the case or justify a different conclusion 114. Agency went beyond the issues of the case and he same are contrary to the admissions of the parties or the evidence presented 115. The conclusion is a finding grounded on speculations, surmises and conjectures 116. The findings are conclusions without citation of specific evidence on which they are based 117. The findings of facts are premised on the supposed absence of evidence and contradicted by the evidence on record 118. Facts set forth in the petition as well as the petitioner’s main and reply briefs are not disputed by the respondent 119. Rights of the parties were prejudiced 120. Inferences are manifestly mistaken, absurd or impossible 121. There is a grave abuse of discretion WHEN SUBSTANTIAL EVIDENCE RULE IS NOT APPLICABLE 122. Constitutional/ jurisdictional facts are involved 123. Property rights rather than privileges are involved 124. Suit is not for review of the administrative order and is independent of the proceedings in which the administrative ruling under attack was rendered 125. Statute provides for a trial de novo in which the rule shall not be invoked; 126. Statute has specified a standard or proof required for administrative determination, that is, the agency is required to make a finding “by the preponderance of evidence” PURPOSE & NATURE OF PUBLIC OFFICES 127. Public offices are created for affecting the end of which government has been instituted, which is the common good 128. A public office is a public trust created in the interest and for the benefit of the people, and belongs to them. ESSENTIAL ELEMENTS OF A PUBLIC OFFICE 129. Created by the Constitution or by law or by some body or agency to which the power to create the office has been delegated 130. Invested with an authority to exercise some portion of the sovereign power of the State to be exercised for public interest; 131. Powers and functions are defined by the Constitution, or by law, or through legislative authority; 132. Continuing and permanent in nature and not occasional or intermittent 133. 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 CLASSIFICATION OF PUBLIC OFFICES/ERS as to the NATURE OF their FUNCTIONS 134. Civil officer 135. Military officer CLASSIFICATION OF PUBLIC OFFICES/ERS as to their CREATION 136. Constitutional officer 137. Statutory officer CLASSIFICATION OF PUBLIC OFFICES/ERS as to the DEPARTMENT OF THE GOVERNMENT SERVED 138. Legislative officer 139. Executive officer 140. Judicial officer

CLASSIFICATION OF PUBLIC OFFICES/ERS as to the BRANCH OF GOVERNMENT SERVED 141. National officer 142. Local officer CLASSIFICATION OF PUBLIC OFFICES/ERS as to the EXERCISE OF DISCRETION REQUIRED 143. Quasi- judicial officer 144. Ministerial officer DIQUALIFICATIONS TO HOLD PUBLIC OFFICE 145. Under the LGC a. Sentenced by final judgment for crimes involving moral turpitude punishable by 1 or more years of imprisonment, within 2 years after serving sentence b. Removed from office as a result of an administrative charge c. Fugitive from justice in criminal or non- political cases here or abroad d. Permanent residents of foreign countries e. Insane or feeble- minded f. Dual citizenship g. Convicted by final judgment for violating oath of allegiance to the Philippines 146. Consecutive terms 147. Candidate for elective office 148. Holds more than 1 office 149. Impeachment 150. Removal/ suspension from office 151. Relationship with the appointing power 152. Previous tenure of office 153. Misconduct or crime 154. Mental/ physical incapacity 155. Elective official 156. Office newly created or the emoluments of which have been increased WHERE APPOINTING POWER RESIDES 157. Inherently belongs to the people 158. Entrusted to designated elected and appointed public officials KINDS OF PRESIDENTIAL APPOINTMENTS 159. Temporary or acting or those which last until a permanent appointment is issued 160. Regular or those made while Congress is in session 161. Ad interim or those made while Congress is not in session or during its recess 162. Permanent or those which last until they are lawfully terminated STEPS IN THE APPOINTING PROCESS 163. Nomination 164. Confirmation 165. Issuance of Commission CLASSIFICATION OF POSITIONS IN THE CIVIL SERVICE 166. Career service characterized by a. Entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications b. Security of tenure c. Opportunity for advancement to higher career positions which includes i. Open career positions for appointments to which prior qualification in an appropriate examination is required ii. Closed career positions which are highly scientific or highly technical in nature iii. Positions in the Career Executive Service iv. Career officers other than those in the Career Executive Service v. Commissioned officers and enlisted men of the Armed Forces of the Philippines which shall maintain a separate merit system vi. Personnel of GOCCs who do not fall under the noncareer services vii. Permanent laborers, whether skilled, semi- skilled or unskilled.

167. Non- career service characterized by a. Entrance on bases other than those of the usual test of merit and fitness utilized for the career service b. Tenure which is limited to a period specified by law, or which is co- terminous 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. c. Includes i. Elective officials and their personal or confidential staff; ii. Department heads and other officials of cabinet rank who holds position at the pleasure of the President and their personal or confidential staffs iii. Chairmen and members of commissions and boards with fixed terms of office and their personal or confidential staffs iv. Contractual personnel, or those whose employment 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 1 year and performs or accomplishes with a minimum of direction and supervision from the hiring agency v. Emergency and seasonal personnel d. Casual when employment is not permanent but occasional, unpredictable, sporadic and brief in nature CONSTITUTIONAL CLASSIFICATION 168. Competitive 169. Non- competitive USE OF QUALIFICATION STANDARDS IN THE CIVIL SERVICE 170. Basis for civil service examinations for positions in the career service 171. As guides in the appointment and other personnel actions in the adjudication of protested appointments 172. In determining training needs 173. As aid in the inspection and audit of the agencies’ personnel work programs KINDS OF APPOINTMENT IN THE CAREER SERVICE 174. Permanent 175. Temporary or acting GROUNDS TO RECALL AN APPOINTMENT 176. Non- compliance with the procedures/ criteria provided in the agency’s Merit Promotion Plan; 177. Failure to pass through the agency’s Selection/ Promotion Board; 178. Violation of the existing collective agreement between management and employees relative to promotion; or 179. Violation of other existing civil service law, rules and regulations CLASSIFICATION OF VACANCY 180. Original 181. Constructive 182. Accidental 183. Absolute CAUSES OF VACANCY 184. Permanent Disability 185. Impeachment conviction 186. Conviction of a crime 187. Creation of a new office 188. Abandonment 189. Acceptance of incompatible office 190. Age limit was reached 191. Recall 192. Removal/ Resignation 193. Expiration of term 194. Death OFFICERS AUTHORIZED TO ADMINISTER OATHS 195. Secretary of either House of the Congress of the Philippines 196. Secretaries of Departments 197. Clerks of Court 198. City mayors 199. Registrars of Deeds

200. Any other officer in the service of the government of the Philippines whose appointment is vested in the President 201. Any other officer whose duties, as defined by law or regulation, require presentation to him of any statement under oath 202. Provincial Governors and Lieutenant- governors 203. Notaries Public 204. Members of the judiciary 205. Bureau Directors REQUREMENTS TO BECOME OFFICER DE JURE 206. Possess the legal qualifications for the office in question; 207. Lawfully chosen to such office; and 208. Have qualified himself to perform the duties of such office according to the mode prescribed by the Constitution or law ELEMENTS OF DE FACTO OFFICERSHIP 209. There must be a de jure office. 210. There must be a color of right or general acquiescence by the public 211. There must be actual physical possession of the office in good faith SCOPE OF POWER OF A PUBLIC OFFICER 212. Expressly conferred upon him by the law under which he has been appointed or elected 213. Expressly annexed to the office by the law which created it or some other law referring to it; or 214. Attached to the office as incidents to it CLASSIFICATION OF POWERS AND DUTIES FROM THEIR NATURE 215. Ministerial 216. Discretionary CLASSIFICATION OF POWERS AND DUTIES FROM THE STANDPOINT OF THE OBLIGATION OF THE OFFICER TO PERFORM HIS POWERS AND DUTIES 217. Mandatory 218. Permissive CLASSIFICATION OF POWERS AND DUTIES FROM THE STANDPOINT OF THE RELATIONSHIP OF THE OFFICER TO HIS SUBORDINATES 219. Power of Control 220. Power of supervision STANDARDS OF PERSONAL CONDUCT 221. Commitment to public trust 222. Commitment to democracy 223. Professionalism 224. Political neutrality 225. Justness and sincerity 226. Responsiveness to the public 227. Nationalism and patriotism 228. Simple living DUTIES OF THE CIVIL SERVICE COMMISSION 229. Observance of these standards 230. Continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards CRITERIA OF INCENTIVES AND REWARDS 231. Years of service 232. Quality and consistency of performance 233. Obscurity of the position 234. Level of salary 235. Unique and exemplary quality of achievement 236. Risk or temptation inherent in the work; and 237. Any similar circumstances or consideration in favor of the particular awardee FORM OF INCENTIVES AND REWARDS 238. Bonuses 239. Citations 240. Directorship in GOCCs;

241. Local and foreign scholarship grants; 242. Paid vacations 243. Automatic promotion to the next higher position suitable to his qualifications and with commensurate salary FUNCTIONS AND RESPONSIBILITIES OF COMMITTEE ON AWARDS 244. Conduct a periodic, continuing review of performance of officials and employees in all departments, offices, and agencies 245. Establish a system of annual incentives and rewards to the end that due recognition is given to officials and employees of outstanding merit on the basis of the criteria or standards 246. Determine the form of rewards to be granted 247. Formulate and adopt its own rules to govern the conduct of its activism (GENERAL) DUTIES OF PUBLIC OFFICERS AS TRUSTEES FOR THEPUBLIC 248. Duty to obey the law 249. Duty to accept and continue in office 250. Duty to accept burden of office 251. Duties in choice and supervision of subordinates ETHICAL DUTIES OF PUBLIC OFFICERS AS TRUSTEES FOR THE PUBLIC 252. Duty as to outside activities 253. Duty where personal interest is involved SPECIFIC DUTIES OF PUBLIC OFFICIALS & EMPLOYEES 254. Act promptly on letters and requests (15 working days from receipt) 255. Submit annual performance reports (45 working hours from the end of yr) 256. Process documents and papers expeditiously 257. Act immediately on the public’s personal transactions 258. Make documents accessible to the public FACTORS TAKEN INTO ACCOUNT WHEN PRESCRIBING “REASONABLE TIME” 259. Nature, simplicity or complexity of the subject matter of the official paper or documents processed by said department, office or agency 260. Completeness or inadequacy of requirements or of data and information necessary for decision or action 261. Lack of resources caused by circumstances beyond the control of the department, office, or agency or official or employee concerned 262. Legal constraints such as restraining orders and injunctions issued by proper judicial, quasi- judicial, or administrative authorities 263. Fault, failure or negligence of the party concerned which renders decision or action not possible or premature and 264. Fortuitous evens or force majeure CONTENTS OF STATEMENTS OF ASSETS & LIABILITIES AND FINANCIAL DISCLOSURE 265. Real property, its improvements, acquisition costs, assessed value and current fair market value 266. Personal property and acquisition cost 267. All other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; 268. Financial liabilities, both current and long- term; 269. All business interests and financial connections PROHIBITED ACTS 270. Any purpose contrary to morals or public policy; or 271. Any commercial purpose other than by news and communications media for dissemination to the general public INSTANCES WHERE A DEPT/ OFFICE/ AGENCY WILL NOT PROVIDE INFORMATION/ RECORDS/ DOCUMENTS TO ANY REQUESTIN G PUBLIC 272. Such information, record, or document must be kept secret in the interest of national defense or security or the conduct of foreign affairs 273. Such disclosure would put the life and safety of an individual in imminent danger 274. The information, record, or document sought falls within the concepts of established privilege or recognized exceptions as

may be provided by law or settled policy or jurisprudence 275. Such information, record, or document comprises drafts of decisions, orders, rulings, policy decisions, memoranda, etc. 276. It would disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy (ex. Physician-patient privilege) 277. It would disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would: a. Interfere with enforcement proceedings; b. Deprive a person of a right to a fair trial or an impartial adjudication; c. Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source; d. Unjustifiably disclose investigative techniques and procedures; or 278. It would disclose information the premature disclosure of which would a. In the case of a department, office, or agency which regulates currencies, securities, commodities, or financial institutions, be likely to lead to significant financial speculation in currencies, securities, or commodities, or significantly endanger the stability of any financial institution; or b. In the case of any department, office, or agency, be likely or significantly to frustrate implementation of a proposed official action CONTENTS OF INFORMATION SYSTEMS TO BE ESTABLISHED BY A DEPARTMENT, OFFICE OR AGENCY 279. Policies, rules, and procedures; 280. Work programs, projects, and performance targets; 281. Performance reports; and 282. All other documents as may hereafter be classified as public information REFORMS ON PUBLIC ADMINISTRATIVE SYSTEMS 283. Conduct value development programs on the following subjects a. Ethical and moral values b. Rights, duties and responsibilities of public servants c. Nationalism and patriotism d. Justice and human rights e. Democracy in a free and just society f. Philippine history, culture and tradition g. Socio- economic conditions prevailing I the country, especially in the depressed areas, and the need for a Code of Conduct and Ethical Standards 284. Conduct professional, etc. programs 285. Conduct studies and analyses of work systems 286. Develop and make available a service guide 287. Consult the public for feedbacks and suggestions 288. Conduct research and experimentation 289. Designate a resident Ombudsman 290. Consult and dialogue with staff RIGHTS AS A CITIZEN 291. Protection from publication commenting on his fitness and the like 292. Engaging in certain political and business activities FORMS OF COMPENSATION 293. Compensation 294. Salary 295. Per diem 296. Fees 297. Emoluments BASIS OF RIGHT TO COMPENSATION 298. Creation of law 299. Services rendered 300. Compensation fixed by law 301. Legal title to office

302. Amount of compensation REASONS WHY SALARY IS NOT SUBJECT TO GARNISHMENT 303. While the money is still in the hands of the disbursing officer, it belongs to the government 304. Public policy forbids such practice since it would be fatal to the public service 305. The garnishment or attachment of an officer’s salary is tantamount to a suit against the State in its own court, which is prohibited except with its consent REQUIREMENTS OF FREE VOLUNTARY SERVICE 306. Issuance of an appropriate document 307. Fitness and suitability for the duties and responsibilities of the particular position 308. Compliance with the rule on nepotism FUNCTIONS OR SERVICES THAT VOLUNTEERS CAN PERFORM 309. Advisory 310. consultancy or counseling 311. Recommendatory 312. Professional services 313. Staff work such as planning or research 314. Humanitarian PROHIBITIONS ON VOLUNTEERS 315. Exercising supervisory functions over personnel 316. Exercising functions of positions involving national security 317. Having access to confidential or classified information unless authorized by proper authorities 318. Occupying regular plantilla positions 319. Having such services credited as government service and availing themselves of retiring benefits 320. Using facilities and resources of the office for partisan political purposes 321. Receiving any pecuniary benefit such as honoraria, allowances and other perquisites of office RIGHTS UNDER THE CONSTITUTION 322. The right to self- organization 323. The right to protection of temporary employees 324. Freedom of members of Congress from arrest and from being questioned 325. The right not to be removed or suspended except for cause provided by law RIGHTS UNDER THE CIVIL SERVICE DECREE & THE NEW ADMINISTRATIVE CODE 326. The right to preference in promotion 327. The right to present complaints and grievances 328. The right not to be suspended or dismissed 329. Right to organize PERSONNEL ACTIONS 330. Detail 331. Demotion 332. Promotion 333. Appointment through certification 334. Reinstatement 335. Reemployment 336. Reassignment 337. Transfer BENEFITS GIVEN UNDER THE REVISED GOVERNMENT SERVICE INSURANCE ACT 338. Retirement benefits paid to a member who a. Has at least 15 years of service b. Is at least 60 years of age c. Is not receiving a monthly pension benefit from permanent total disability 339. Separation benefits 340. Unemployment or involuntary separation benefits 341. Disability benefits which is given to one who is a. In the service at the time of disability b. Separated from the service and has paid at least 36 monthly contributions within the 5- year period immediately

preceding the disability or has paid a total of at least 180 monthly contributions prior to the disability 342. Survivorship benefits which shall consist of a. Basic survivorship pension which is 50% of the basic monthly pension b. Dependent’s pension not exceeding 50% of the basic monthly pension 343. Funeral benefits 344. Life insurance benefits NATURE AND PURPOSE OF PENSION 345. To a public servant, pension is a form of deferred compensation for services performed 346. In a person where employment participation is mandatory, the prevailing view is that employees have contractual or vested rights in the pension where the person is part of the terms of employment 347. pension partakes of the nature of “retained wages” of the retiree to a. entice or encourage faithful and competent employees to enter or remain in the service b. allow the employees who have become incapacitated by illness or accident to continue discharging his duties to retire from the service with a relative financial security RIGHT TO REINSTATEMENT AND BACK SALARY 348. Where removal or suspension is lawful 349. Where removal or suspension is unlawful 350. Where suspended employee later found innocent 351. Where another appointed to position of illegally dismissed or suspended employee 352. Duty of plaintiff seeking reinstatement to prove his right to the office 353. Right to reinstatement to former or at least comparable office 354. Duty to act with reasonable diligence in asserting right to reinstatement 355. Where pardon extended to convicted employee DISABILITIES OF PRESIDENT, VICE- PRESIDENT, MEMBERS OF CABINET, AND THEIR DEPUTIES AND ASSISTANTS 356. Not to hold any other office or employment, unless otherwise provided in the Constitution 357. Not to practice any other profession 358. Not to participate, directly or indirectly, in any business 359. Should not be financially interested, directly or indirectly, in any contract with, or in any franchise or special privilege granted by the government or any subdivision, agency or instrumentality thereof including any GOCC or their subsidiary 360. Avoid conflict of interest in the conduct of their office DISABILITIES OF MEMBERS OF CONGRESS 361. Not to hold any other office or employment in the Government during his term without forfeiting his seat 362. Not to be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected 363. May not personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi- judicial and other administrative bodies 364. Not to be financially interested in any contract with, or in any franchise or special privilege granted by the Government. 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 365. Shall not intervene in any cause or 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 or to give his vote as a member of Congress CLASSES OF OFFICE TO WHICH A MEMBER OF CONGRESS IS DISQUALIFIED TO HOLD 366. Incompatible office 367. Forbidden office

PROHIBITION AGAINST FINANCIAL INTEREST 368. Appearance as counsel before any court of justice 369. Financial interest in any contract with the government 370. Financial interest in any special privilege by the government 371. Intervention in certain matter DISABILITIES OF MEMBERS OF CONSTITUTIONAL COMMISSIONS 372. Not to hold any other office or employment 373. Not to 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 374. Not to be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the Government. REASONS FOR THE PROHIBITION AGAINST DESIGNATION OF MEMBERS OF JUDICIARY TO ADMINISTRATIVE POSITIONS 375. It violates the doctrine of separation of powers between the judicial and executive branches of the government 376. Compromises the independence of the members in the performance of their judicial functions 377. Will result in further delay in their disposition PROHIBITIONS IMPOSED ON CIVIL SERVICE OFFICERS OR EMPLOYEES 378. Political activity 379. Additional or double compensation 380. Limitation on employment of laborers 381. Prohibition on detail or reassignment 382. Nepotism PROHIBITIONS IMPOSED ON LOCAL GOVERNMENT OFFICIALS 383. Prohibited business and pecuniary interest a. Engage in any business transaction with the LGU 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 paid, or property or any other thing of value is to be transferred, directly or indirectly, out of the resources, of the LGU to such person or firm b. Hold such interests in any cockpit or other games licensed by a LGU c. Be a surety for any person contracting or doing business with the LGU for which a surety is required d. Possess or use any public property contracting or doing business with the LGU for private purposes e. All other prohibitions governing the conduct of national public officers relating to prohibited business and pecuniary interest 384. Practice of profession a. All governors, city and municipal mayors are prohibited from practicing their professions or engaging in any occupation other than the exercise of their functions as local chief executives b. sanggunian members may practice their professions or engage in any occupation except during session hours. Those who are members of the bar shall not: i. appear as counsel before any court in any civil case where LGU is adverse party ii. appear as counsel in criminal case where official of government is accused of an offense in relation to office iii. collect any fee for appearance in administrative proceedings involving his LGU iv. use property and personnel of the government except when sagnggunian member is defending interest of the government c. doctors may practice profession even during work hours only in occasions of emergency, provided that officials concerned do not derive monetary compensation 385. Partisan political activity (note that elective officials can engage in partisan political activities but cannot solicit contributions from

subordinates.) PROHIBITION AGAINST PURCHASE OF CERTAIN PROPERTY AT PUBLIC AUCTION 386. public officers, the property of the State which has been entrusted to them; will apply to judges and government experts taking part in the sale 387. justices, judges, prosecutors, etc., the property and rights in litigation or levied upon an execution; includes acquiring by assignment and shall also apply to lawyers with respect to property and rights which may be the object of litigation PROHIBITED ACTS AND TRANSACTIONS UNDER ANTI- GRAFT AND CORRUPT PRACTICES ACT 388. Allowing himself to be influenced to perform an act constituting a violation of lawful rules and regulations or he influences another public officer to commit such violation 389. Requesting or receiving any gift or benefit in connection with any contract or transaction between the government and any other party where the public officer in his official capacity has to intervene 390. Causing undue injury to any party 391. entering, on behalf of the government into any contract or transaction manifestly and grossly disadvantageous to the same 392. having financial interest in any business, contract or transaction in which he is prohibited by the Constitution or by law from having any interest 393. Becoming interested, for personal gain in any transaction requiring the approval or board committee of which he is a member 394. Approving or granting any license, permit or privilege or benefit in favor of any person known to him to be not qualified for or legally entitled to such license PROHIBITED ACTS & TRANSACTIONS UNDER THE CODE OF CONDUCT AND ETHICAL STANDARDS 395. Financial and material interest 396. Outside employment and other activities related thereto – during their incumbency shall not: a. own, control, manage or accept employment in any private enterprise regulated, supervised by his office unless expressly allowed by law b. engage in private practice of profession unless authorized by law, provided there is no conflict of interest c. recommend any person to a private enterprise that has transactions with his office 397. Disclosure and/or misuse of confidential information: a. further private interest or give undue advantage to anyone b. prejudice public interest 398. Solicitation or acceptance of gifts Congress must give consent to gifts and grants from foreign governments – a. acceptance and retention by public official of a gift of nominal value received as souvenir or out of courtesy b. acceptance of gift in the nature of scholarship or fellowship grant or medical treatment c. acceptance of travel grants outside the Philippines of more than nominal value if acceptance is appropriate or consistent with interests of the Philippines, permitted by the head of office DIVESTMENT 399. Public officials must avoid conflicts of interest at all times. 400. Requirement of divestment shall not apply to those who serve the government in honorary capacity nor to laborers and casual temporary workers 401. Under the code: a. Conflict of interest b. substantial stockholder c. divestment d. relative – 4th civil degree of consanguinity and affinity e. family of public officials – spouses, unmarried children under 18

OFFICIAL IMMUNITY NOT ABSOLUTE 402. Suit to enforce liability for personal torts 403. Suit to compel performance of official duty or restraint performance of an act. a. A public officer may be sued to compel him to do an act required by law b. Secure a judgment that the officer impleaded may satisfy by himself without the government itself having to do a positive act to assist him c. Government itself has violated its own laws THREE-FOLD RESPONSIBILITY OF PUBLIC OFFICERS 404. if the individual is damaged by such violation, the official shall, in some cases, be held liable civilly to reimburse the injured party 405. if the law has attached a penal sanction, the officer may be punished criminally 406. if the administration’s disciplinary power is strong, such violation may lead to imposition of fine, reprimand, suspension, or removal from office, as the case may be KINDS OF LIABILITY OF MINISTERIAL OFFICERS 407. Nonfeasance 408. Misfeasance 409. Malfeasance LIABILITY OF SUPERIOR OFFICER FOR ACTS OF SUBORDINATES 410. Where, being charged with the duty or employing or retaining his subordinates, he negligently or willfully employs or retains unfit or improper persons. 411. Where, being charged with the duty to see that they are appointed orqualified in a proper name, he negligently or wilfully fails to require them the due conformity to the prescribed regulations 412. Where he so carelessly or negligently oversees, conducts or carries on the business of his office as to furnish the opportunity for the default 413. A fortiori, where he has directed, authorized or cooperated in the wrong 414. Where liability is expressly provided in the statute