Disks and Dimers

[Sec.51, E.O.292] PENDING APPEAL [Sec.27(4), E.O. 292] 1. not a penalty but only a means of enabling the disciplinary authority to conduct an unhampered investigation. 1. Punitive in character 2. no compensation due for the period of suspension even if found innocent of the charges. 2. If exonerated, he should be reinstated with full pay for the period of suspension.

Rules on Preventive Suspension: 1. Appointive Officials

Not a Presidential Appointee (Secs. 41-

42, P.D. 807):

a. by whom – the proper

disciplining authority may preventively suspend;

b. against whom – any subordinate officer or employee under such authority;

c. when – pending an investigation;

d. grounds – if the charge against such officer or employee involves:

i. dishonesty;

ii. oppression or grave misconduct;

iii. neglect in the performance of duty; or

iv. if there are reasons to believe that respondent is guilty of the charges which would warrant his removal from the service

e. duration – the administrative investigation must be terminated within 90 days; otherwise, the

respondent shall be

automatically reinstated unless the delay in the disposition of the case is due to the fault, negligence or petition of the respondent, in which case the period of delay shall not be counted in computing the period of suspension.

A Presidential Appointee:

a. can only be investigated and removed from office after due notice and hearing by the President of the Philippines under the principle that “the power to remove is inherent in the power to appoint” as can be implied from Sec. 5, R.A.2260 (Villaluz v. Zaldivar, 15 SCRA 710).

b. the Presidential Commission

Against Graft and Corruption

(PCAGC) shall have the power to

investigate administrative

complaints against presidential appointees in the executive department of the government, including GOCCs charged with graft and corruption involving one or a combination of the following criteria:

i. presidential appointees with the rank equivalent to or higher than an Assistant Regional Director;

ii. amount involved is at least P10M;

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MEMORY AID IN POLITICAL LAW

iii. those which threaten grievous harm or injury to the national interest; and iv. those which may be assigned

to it by the President (E.O.

No. 151 and 151-A).

2. Elective Officials: (Sec 63, R.A.

7160)

a. by whom – against whom

i. President – elective official of a province, a highly urbanized or an independent component city;

ii. Governor – elective official of a component city or municipality;

iii. Mayor – elective official of a barangay

b. when – at any time after the issues are joined;

c. grounds:

i. reasonable ground to believe that the respondent has committed the act or acts complained of;

ii. evidence of culpability is strong;

iii. gravity of the offense so warrants;

iv. continuance in office of the respondent could influence the witnesses or pose a threat to the safety and integrity of the records and other evidence

d. duration:

i. single administrative case – not to extend beyond 60 days;

ii. several administrative cases – not more than 90 days within a single year on the same ground or grounds existing and known at the time of the first suspension - Section 24 of the Ombudsman

Act (R.A. 6770) expressly provide that “the preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than 6

months without pay.” The

preventive suspension for 6 months without pay is thus according to law (Lastimosa v.

Vasquez, 243 SCRA 497)

- R.A. 3019 makes it mandatory for the Sandiganbayan to suspend, for a maximum period of 90 days unless the case is decided within a shorter period, any public officer against whom a valid information is filed charging violation of: 1. R.A. 3019;

2. Book II, Title 7, Revised Penal Code; or

3. offense involving fraud upon government or public funds or property (Cruz, The Law of

Public Officers, pp. 86-87) VII. RIGHTS OF PUBLIC OFFICERS:

1. Right to Office – just and legal claim to exercise powers and responsibilities of the public office.



Term – period during which

officer may claim to hold office as a right.



Tenure – period during which

officer actually holds office.

2. Right to Salary

Basis: legal title to office and

the fact the law attaches compensation to the office.

Salary – compensation provided

to be paid to public officer for his services.

Preventive Suspension – public

officer not entitled during the period of preventive suspension, but upon exoneration and reinstatement he must be paid full salaries and emoluments during such period.

Back salaries are also payable to

an officer illegally dismissed or otherwise unjustly deprived of his office the right to recover accruing from the date of deprivation. The claim for back salaries must be coupled with a claim for reinstatement and subject to the prescriptive period of one (1) year. (Cruz,

Law on Public Officers, p126- 126)

POLITICAL LAW COMMITTEE



CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary

Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,

Forms of Compensation:

a. salary – personal

compensation to be paid to public officer for his services and it is generally a fixed annual or periodical payment depending on the time and not on the amount of the service he may render; b. per diem – allowance for

days actually spent in the performance of official duties;

c. honorarium – something given as not as a matter of

obligation, but in

appreciation for services rendered;

d. fee – payment for services rendered or on commission on moneys officially passing through their hands; and e. emoluments – profits arising

from the office, received as compensation for services or which is annexed to the office as salary, fees, or perquisites.

3. Right to Preference in Promotion

Promotion – movement from one

position to another with increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay.

Next-in-Rank Rule – the person

next in rank shall be given preference in promotion when the position immediately above his is vacated. But the appointing authority still exercises his discretion and is not bound by this rule.

 Appointing officer is only required to give special reasons for not appointing officer next in rank if he fills vacancy by promotion in disregard of the next in rank rule. (Pineda vs. Claudio, 28 SCRA 34)

Automatic Reversion Rule – all

appointments involved in chain of

promotions must be submitted simultaneously for approval by the Commission, the disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions.

4. Right to vacation leave and sick leave with pay;

5. Right to maternity leave; 6. Right to pension and gratuity;

Pension – regular allowance paid

to an individual or a group of individuals by the government in consideration of services rendered or in recognition of merit, civil or military.

Gratuity – a donation and an act

of pure liberality on the part of the State.

7. Right to retirement pay;

8. Right to reimbursement for expenses incurred in performance of duty;

9. Right to be indemnified against any liability which they may incur in bona fide discharge of duties; and 10. Right to longevity pay.

11. Right to Self-Organization

Art III, Sec 8 1987Consti. Note: Civil servants are now given the right to self organize but they may not stage strikes (see: SSS Employees Assoc. vs. CA, 175 SCRA 686)

VIII. MODES OF TERMINATION OFFICIAL RELATIONSHIP: (TR3A3P DIFC2IT)

1. expiration of term or tenure; 2. reaching the age limit; 3. resignation;

4. recall; 5. removal; 6. abandonment;

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8. abolition of office;

9. prescription of right to office (within one year after the cause of ouster or the right to hold such office or position arose);

10. impeachment; 11. death;

12. failure to assume elective office within 6 months from proclamation; 13. conviction of a crime; and

14. filing of certificate of candidacy.



When public officer holds office at pleasure of appointing power, his replacement amounts to expiration of his term, not removal.(Alajar vs

Alba, 100 Phil 683)

Principle of Hold-Over – if no express or

implied Constitutional or statutory provision to the contrary, public officer is entitled to hold office until successor has been chosen and shall have qualified.

Purpose: to prevent hiatus in public

office. (But subject to Art. 237 of RPC)

Retirement:



Members of Judiciary : 70 years of age



Other government officers and employees : 65 years of age



Optional retirement age: after rendition of minimum number of years of service.

Accepting Authority for Resignation:

1. to competent authority provided by law;

2. If law is silent and public officer is appointed, tender to appointing officer;

3. If law is silent and public officer is elected, tender to officer authorized by law to call election to fill vacancy:

a. President and Vice-President - Congress

b. Members of Congress - respective Chambers

e. Governors, Vice Governors, Mayors and Vice Mayors of HUC’s and independent component cities - President.

f. Municipal Mayors and Vice Mayors/City Mayors and Vice Mayors of component cities - Provincial Governor;

g. Sanggunian Members –

Sanggunian concerned; and h. Elective Barangay Officials –

Municipal or City Mayors

Recall - termination of official

relationship for loss of confidence prior to expiration of his term through the will of the people.

Limitations on Recall:

1. any elective official may be subject of a recall election only once during his term of office for loss of confidence; and

2. no recall shall take place within one year from date of the official’s assumption to office or one year immediately preceding a regular local election.

Procedure for Recall (Secs. 70-72, R.A. 7160)

1. Initiation of the Recall Process: a. by a Preparatory Recall

Assembly (PRA) composed of:

i. Provincial – mayors, vice mayors and sanggunian (sg)

members of the

municipalities and

component cities;

ii. City – punong barangay and (sg) barangay members; iii. Legislative District:

iiia. SG Panlalawigan – municipal officials in the district; iiib. SG Panglunsod – barangay officials in the district;

iv. Municipal - punong barangay and (sg) barangay members;



majority of the PRA members shall convene in session in a public place;



recall of the officials concerned shall be validly initiated through a resolution adopted by a majority of all the PRA members concerned

POLITICAL LAW COMMITTEE



CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary

Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,

b. by the Registered Voters (RV) in the province, city, municipality or barangay (LGU) concerned - at least 25% of the total number of RV in the LGU concerned during the election in which the local official sought to be recalled was elected;

i. written petition filed with the COMELEC in the presence of the representative of the

petitioner and a

representative of the official sought to be recalled, and in a public place of the LGU; ii. COMELEC shall cause the

publication of the petition in a public and conspicuous place for a period of not less than 10 days nor more than 20 days

iii. upon lapse of the said period, COMELEC shall announce the acceptance of candidates and shall prepare the list of candidates which shall include the name of the official sought to be recalled

3. Election on Recall – COMELEC shall set the date of the election on recall:

a. for barangay, city or municipal officials – not later than 30 days after the filing of the resolution or petition;

b. for provincial officials - not later than 45 days after the filing of the resolution or petition; 4. Effectivity of Recall – only upon the

election and proclamation of a successor in the person of the candidate receiving the highest number of votes cast during the election on recall.



Should the official sought to be recalled receive the highest number of votes, confidence in him is thereby affirmed, and he shall continue in office.

In document UNIVERSIDAD COMPLUTENSE DE MADRID (página 96-103)