2.2 Influencia en el cine
2.2.2 Hammer a color: el terror es un género sustentable
Liability on Tort
The public officer shall be personally liable if he goes beyond the scope of his authority, or exceeds the powers conferred upon him by law
Liability of Superior Officers for Acts of Subordinate Officers A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence or misfeasance of his subordinates, unless he has actually authorized by written order the specific act or misconduct complained of.
Liability of Subordinate Officers
No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties.
However, he shall be liable for willful or negligent acts done by him which are contrary to law, morals, public policy, and good customs even if he acted under orders or instructions of his superiors.
Non-Applicability of the Doctrine of Command Responsibility and the Principle of Respondeat Superior to Public Officers
Neither the principle of command responsibility (in military or political structural dynamics) nor the Doctrine of respondeat superior (in quasi delicts) applies in the law of public officers.
The negligence of the subordinate cannot be ascribed to his superior in the absence of evidence of the latter’s own negligence. [Reyes v. Rural Bank of San Miguel (2004)]
Exception: The President, being the commander-in-chief of all armed forces, necessarily possesses control over the military that qualifies him as a superior within the purview of the command responsibility doctrine. [In the Matter of the Petition for Writ of Amparo and Habeas Data in favor of Noriel H. Rodriguez;
Rodriguez v. Macapagal-Arroyo (2011)]
PREVENTIVE SUSPENSION AND BACK SALARIES Preventive Suspension
It is a disciplinary measure which is intended to enable the disciplinary authority to investigate charges against the respondent by preventing the latter from using his position or office to influence witnesses, to intimidate them, or to tamper with the records which may be vital in the prosecution of the case against him.
Preventive suspension of the accused is mandatory upon finding that the Information is valid. Court possesses no discretion to determine whether one is necessary. [Dela Cruz v.
Sandiganbayan, G.R. No. 161929 (2009)]
Kinds of Preventive Suspension
(1) Preventive suspension pending investigation
- The proper disciplining authority may preventively suspend any subordinate officer under his authority pending an investigation, if the charge against such officer involves dishonesty, oppression or grave misconduct, or neglect in the performance of duty or if there are reasons to believe that the respondent is guilty of the charges which would warrant his removal from service. (Sec. 51, Chapter 6, Subtitle A, Title I, Book V, Revised Administrative Code)
- No compensation is due for the period of preventive suspension pending investigation. Such preventive suspension is authorized by the Civil Service Law and cannot, therefore, be considered “unjustified” even if later the charges are dismissed. It is one of those sacrifices which holding a public office requires for the public food. For this reason, it is limited to 90 days unless the delay in the co nclusion of the investigation is due to the employee concerned.
(2) Preventive suspension pending appeal
- An appeal (from the decision of the disciplinary authority) shall not stop the decision from being executory, and in case the penalty is suspension or removal, the respondent shall be considered as having been under preventive suspension during the pendency of the appeal in the event he wins the appeal. [Sec. 47(4), Chapter 6, Subtitle A, Title I, Book V, Revised Administrative Code]
Employees are entitled to compensation for the period of their suspension pending appeal if they are found innocent. It would be unjust to deprive him of his pay as a result of immediate execution of the decision against him and continue to do so even after it is shown that he is innocent of the charges for which he was suspended.
PENDING INVESTIGATION
PENDING APPEAL Not a penalty but only a
means of enabling the disciplining authority to conduct unhampered investigation
Punitive in character
No backwages due for the period of suspension even if found innocent unless suspension is unjustified
If exonerated – reinstated with full pay for the period of suspension
If reprimanded – cannot claim backwages. Penalty is commuted.
RULES ON PREVENTIVE SUSPENSION
APPOINTIVE OFFICIALS ELECTIVE OFFICIALS Not a
Presidential Appointee
Presidential Appointee
By
The proper disciplining authority
The proper disciplining authority
President – elective official of a province, HUC, or ICC Governor – elective official of CC or
municipality Mayor – elective official of a barangay
Against
ILLEGAL DISMISSAL, REINSTATEMENT, AND BACK SALARIES
Reinstatement
It means the restoration to a state or condition from which one had been removed or separated. One who is reinstated assumes the position he had occupied prior to the dismissal. Back salary or wages is a form of reli ef that restores the income that was lost by reason of unlawful dismissal
Duty of Plaintiff to Prove His Right to Office
For a plaintiff to succeed in seeking reinstatement to an office, he must prove his right to the office. In a quo warranto proceeding, the person suing must show that he has a clear right to the office allegedly held unlawfully by another. Absent that right, the lack of qualification or eligibility of the supposed usurper is immaterial.
Where Removal or Suspension Lawful
An officer who has been lawfully separated or suspended from his office is not entitled to compensation for the period during which he was so suspended, even if it be subsequently determined that the cause for which he was suspended was unjustified (so long as the preventive suspension was within the periods provided by law).
Where Removal or Suspension Unlawful
When an officer was unlawfully removed and was prevented for a time by no fault of his own from performing the duties of his office, he may recover backwages, and the amount that he had earned in other employment during his unlawful removal should not be deducted from his unpaid salary.
Other Rules
The award for backwages is limited to a maximum period of 5 years and not to full back salaries from illegal dismissal up to reinstatement.
A petition for quo warranto and mandamus affecting title to public office must be filed within 1 year from the date the
petitioner is ousted from his position. The claim for back salaries petitioner is ousted from his position. The claim for back salaries and damages is also subject to the 1-year prescriptive period.
and damages is also subject to the 1-year prescriptive period.
NOTE
NOTE: Prescription does not lie against the State. It is the: Prescription does not lie against the State. It is the general rule that laches, acquiescence, or
general rule that laches, acquiescence, or unreasonable delay inunreasonable delay in the performance of duty on the part of the officers of the state, the performance of duty on the part of the officers of the state, is not imputable to the state when acting in its character as a is not imputable to the state when acting in its character as a sovereign. [
sovereign. [Republic v. Sereno, G.R. No. Republic v. Sereno, G.R. No. 237428 (2018)237428 (2018)]]
General Rule capacity for acts that are
capacity for acts that are unlawful and injurious to theunlawful and injurious to the rights of others
rights of others (2)
(2) Where the public official is clearly being sued not inWhere the public official is clearly being sued not in his official capacity but in his personal capacity, his official capacity but in his personal capacity, although the acts complained of may have been although the acts complained of may have been committed while he occupied a public position committed while he occupied a public position (3)
(3) Suit to compel performance of official duty or restrainSuit to compel performance of official duty or restrain performance of an act
performance of an act Rationale
Rationale
The Doctrine of Official Immunity promotes fearless, vigorous, The Doctrine of Official Immunity promotes fearless, vigorous, and effective administration of policies of government. It is and effective administration of policies of government. It is generally recognized that public officers and employees would generally recognized that public officers and employees would be unduly hampered, deterred, and intimidated in the be unduly hampered, deterred, and intimidated in the discharge of their duties, if those who act improperly, or even discharge of their duties, if those who act improperly, or even exceed the authority given them, were not protected to some exceed the authority given them, were not protected to some reasonable degree by being relieved from private liability. The reasonable degree by being relieved from private liability. The threat of suit could also deter competent people from accepting threat of suit could also deter competent people from accepting public office.
public office.
Acts of a public officer are protected by the presumption of good Acts of a public officer are protected by the presumption of good faith. Even mistakes concededly committed by such a public faith. Even mistakes concededly committed by such a public officer in the discharge of his official duties
officer in the discharge of his official duties are not actionable asare not actionable as long as it is not shown that they were motivated by malice or long as it is not shown that they were motivated by malice or gross negligence amounting to bad faith.
gross negligence amounting to bad faith.
Other Public Policy Considerations Other Public Policy Considerations
(1)
(1) Loss of valuable time cause by such actionsLoss of valuable time cause by such actions (2)
(2) Unfairness of subjecting officials to personal liabilityUnfairness of subjecting officials to personal liability for the acts of their subordinates
for the acts of their subordinates (3)
(3) A feeling that the ballot and removal procedures areA feeling that the ballot and removal procedures are more appropriate methods of dealing with the more appropriate methods of dealing with the misconduct in public office
misconduct in public office Official Immunity v. State
Official Immunity v. State ImmunityImmunity
The immunity of public official is a more limited principle than The immunity of public official is a more limited principle than state immunity since its purpose is not directly to protect the state immunity since its purpose is not directly to protect the sovereign, but rather to do so only collaterally, by protecting the sovereign, but rather to do so only collaterally, by protecting the public official in the
public official in the performance of his government function.performance of his government function.
The Doctrine of Sovereign Immunity is principally rested upon The Doctrine of Sovereign Immunity is principally rested upon the tenuous ground that the king could do no wrong. It served the tenuous ground that the king could do no wrong. It served to protect the impersonal body politic o
to protect the impersonal body politic o r government itself fromr government itself from tort liability.
tort liability.
Official immunity serves as a protective aegis for public officials Official immunity serves as a protective aegis for public officials from tort liability for damages arising from disc
from tort liability for damages arising from disc retionary acts orretionary acts or functions in the performance of their official duties.
functions in the performance of their official duties.
Presidential Immunity from Suit Presidential Immunity from Suit General Rule
General Rule: The President shall be i: The President shall be i mmune from suit duringmmune from suit during his tenure.
his tenure.
Exception
Exception: Impeachment complaint: Impeachment complaint
While the President is immune from suit, she may not be While the President is immune from suit, she may not be prevented from instituting a suit.
prevented from instituting a suit.
A non-sitting President does not e
A non-sitting President does not e njoy immunity from suit, evennjoy immunity from suit, even for acts committed during the latter’s tenure.
for acts committed during the latter’s tenure.
De Facto
De Facto Doctrine Doctrine
It is the doctrine that a person who is admitted and sworn into It is the doctrine that a person who is admitted and sworn into office by the proper authority is d
office by the proper authority is d eemed to be rightfully in sucheemed to be rightfully in such office until:
(2) His admission thereto is declared void.His admission thereto is declared void.
Purpose
Purpose: To ensure the orderly : To ensure the orderly functioning of government. Thefunctioning of government. The public cannot afford to check the validity of the officer’s title public cannot afford to check the validity of the officer’s title each time they transact with him.
each time they transact with him.
De Facto
De Facto Officer Officer
One who has the reputation of being the officer that he assumes One who has the reputation of being the officer that he assumes to be, and yet is not a good
to be, and yet is not a good officer in point of law. [officer in point of law. [Torres v. RiboTorres v. Ribo (1948)
(1948)]]
Elements of a
Elements of a De Facto De Facto Officership Officership (1)
(1) A validly existing public officeA validly existing public office (2)
(2) Actual physical possession of the office in good faithActual physical possession of the office in good faith (3)
(3) Color of title to the office or general acquiescence byColor of title to the office or general acquiescence by the public people are induced by circumstances of reputation o people are induced by circumstances of reputation o rr acquiescence to suppose that he is the officer he acquiescence to suppose that he is the officer he assumes to be. Consequently, people do
assumes to be. Consequently, people do not to inquirenot to inquire into his authority, and they submit to him or invoke into his authority, and they submit to him or invoke his action; conform to some precedent requirement or
conform to some precedent requirement or condition;condition;
(3)
(3) He possessed public office under color of a knownHe possessed public office under color of a known election or appointment, but such is VOID because:
election or appointment, but such is VOID because:
A.
A. He is ineligible;He is ineligible;
B.