University of Cebu-Banilad Campus Banilad, Cebu City College of Law

MODULE LAW ON PUBLIC OFFICERS

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Atty. Judiel M. Pare a !"#$%&UC#!%" Section 1, Article XI of the 1987 Constitution provides that a "Public office is a public trust. Public officers and e plo!ees ust at all ti es be accountable to the people, serve the "ith ut ost responsibilit!, inte#rit!, lo!alt!, and efficienc!, act "ith patriotis and $ustice, and lead odest lives." Pursuant to this constitutional andate, %epublic Act &o. '71( )*he Code of Conduct and +thical Standards for Public ,fficials and + plo!ees- directs the public officials and e plo!ees to uphold public interest over personal interest and for this purpose, to use #overn ent resources and the po"ers of their offices efficientl!, effectivel!, honestl! and econo icall! to avoid "asta#e of #overn ent resources. "A#U$' %( PUBL!C %((!C' In the case of Cornejo vs. Gabriel, &ove ber 17, 19./, the court said that 01i2t is, ho"ever, "ell settled in the 3nited States, that a public office is not propert! "ithin the sense of the constitutional #uaranties of due process of la", but is a public trust or a#enc!. In the case of Taylor vs.Beckham )118992, 178, 3. S., 458-, 6r. Chief 7ustice 8uller said that9 ":ecisions are nu erous to the effect that public offices are ere a#encies or trust, and not propert! as such." *he basic idea of #overn ent in the Philippine Islands, as in the 3nited States, is that of a popular representative #overn ent, the officers bein# ere a#ents and not rulers of the people, one "here no one an or set of en has a proprietar! or contractual ri#ht to an office, but "here ever! officer accepts office pursuant to the provisions of the la" and holds the office as a trust for the people "ho he represents.; Section .)9- of the 1987 Ad inistrative Code of the Philippines provides that an ; 1o2ffice refers, "ithin the fra e"or< of #overn ental or#ani=ation, to an! a$or functional unit of a depart ent or bureau includin# re#ional offices. It a! also refer to an! position held or occupied b! individual persons, "hose functions are defined b! la" or re#ulation.; "A public office is the ri#ht, authorit! and dut!, created and conferred b! la", b! "hich for a #iven period, either fi>ed b! la" or enduring at the pleasure of the creating po"er, an individual is invested "ith so e portion of the soverei#n function of the #overn ent, to be e>ercised b! hi for the benefit of the public" )7 6eche , Public ,fficers, Section 1? See also 5. A . 7ur., 955@944? Emphasis supplied-. *he ri#ht to hold a public office under our political s!ste is therefore not a natural ri#ht. It e>ists, "hen it e>ists at all onl! Page 2 of 21

because and b! virtue of so e la" e>pressl! or i pliedl! creatin# and conferrin# it )Mechem Ibid., Sec. '5-. *here is no such thin# as a vested interest or an estate in an office, or even an absolute ri#ht to hold office. +>ceptin# constitutional offices "hich provide for special i unit! as re#ards salar! and tenure, no one can be said to have an! vested ri#ht in an office or its salar! ) ! "m. #ur. 881-.

In the case of $tate% e& rel. Barney% vs. 'a(kins, the court said "1a2fter an e>haustive e>a ination of the authorities, "e hold that five ele ents are indispensable in an! position of public e plo! ent, in order to a<e it a public office of a civil nature9 )1- It ust be created b! the Constitution or b! the le#islature or created b! a unicipalit! or other bod! throu#h authorit! conferred b! the le#islature? ).- it ust possess a dele#ation of a portion of the soverei#n po"er of #overn ent, to be e>ercised for the benefit of the public? )(- the po"ers conferred, and the duties to be dischar#ed, ust be defined, directl! or i pliedl!, b! the le#islature or throu#h le#islative authorit!? )5- the duties ust be perfor ed independentl! and "ithout control of a superior po"er other than the la", unless the! be those of an inferior or subordinate office, created or authori=ed b! the le#islature, and b! it placed under the #eneral control of a superior officer or bod!? )4- it ust have so e per anenc! and continuit!, and not be onl! te porar! or occasional." PUBL!C %((!C'$ *he rule concernin# the distinction bet"een a public officer and an e plo!ee "as enunciated "ith clarit! in )eople vs. *reedland, (/8 6ich 559? 15 &A.d '. )1955-. *he court said that the correct rule is stated in 6eche on Public ,ffices and ,fficers, Secs. 1 and ., as follo"s9 "A public office is the ri#ht, authorit! and dut!, created and conferred b! la", b! "hich for a #iven period, either fi>ed b! la" or endurin# at the pleasure of the creatin# po"er, an individual is invested "ith so e portion of the soverei#n functions of the #overn ent, to be e>ercised b! hi for the benefit of the public. *he individual so invested is a public officer.; *he Ad inistrative Code of the Philippines also distin#uished an officer fro a ere e plo!ee, to "it9 )15- ",fficer" as distin#uished fro "cler<" or "e plo!ee", refers to a person "hose duties, not bein# of a clerical or anual nature, involves the e>ercise of discretion in the perfor ance of the functions of the #overn ent. Ahen used "ith reference to a person havin# authorit! to do a particular act or perfor a particular function in the e>ercise of #overn ental po"er, "officer" includes an! #overn ent e plo!ee, a#ent or bod! havin# authorit! to do the act or e>ercise that function.
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)14- "+ plo!ee", "hen used "ith reference to a person in the public service, includes an! person in the service of the #overn ent or an! of its a#encies, divisions, subdivisions or instru entalities. In $olomon vs. 'ighland )ark Civil $ervice Commission , '5 6ich App 5((, p 5(8? .(' &A.d 95 )1974-, the court stated that9 BA public officer in the #eneral ever!da! acceptance of the ter is a special classification of those involved in #overn ent at "hat a! be described as in an e>ecutive classification, "hether his elevation to that status is elective or appointive. Cis co pensation is fi>ed b! le#islative action, state or local. Ce does not collectivel! bar#ain for his "a#es or "or<in# conditions, and in no case that "e <no" of are his duties and the standard of perfor ance therefore a#reed on b! labor contracts. . . .B '5 6ich App 5((, 5(7@5(8? .(' &A.d 95 #as) * +ncircle the "ords that are related to the different classifications of public officers. , % 7 6 + + & 3 C , P A E G + #as) + *he principles discussed above, particularl! the portion "hich enu erates the characteristics of an officer, have been follo"ed consistentl! b! courts. E! appl!in# the said the characteristics, deter ine "hether the individuals involved are occup!in# a public office. Arite P if the individual is a public officer and &P if not. 1. &otar! Public
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Case Analysis * %ead and discuss the i portant le#al doctrines, principles and concepts enunciated in the follo"in# cases. 1. Preclaro vs. Sandi#anba!an, Au#ust .1, 1994 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .. Serana vs. Sandi#anba!an, 7anuar! .., .//8 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL (. &a il vs. C,6+F+C, ,ctober .8, .//( LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
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LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL ,-A* Is co pensation indispensable to public officeM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .'L'C#!%" (%$ PUBL!C %((!C' Appointment In the case of "parri vs. C", 7anuar! (1, 1985, the court e>plained that 01b2! "appoint ent" is eant the act of desi#nation b! the e>ecutive officer, board or bod!, to "ho that po"er has been dele#ated, of the individual "ho is to e>ercise the functions of a #iven office )Mechem op. cit., Sec. 1/.-. Ahen the po"er of appoint ent is absolute, and the appointee has been deter ined upon, no further consent or approval is necessar!, and the for al evidence of the appoint ent, the co ission, a! issue at once. Ahere, ho"ever, the assent or confir ation of so e other officer or bod! is reNuired, the Co ission can issue or the appoint ent is co plete onl! "hen such assent or condition is obtained )People vs. Eissell, 59 Cal. 5/7-. *o constitute an "appoint ent" to office, there ust be so e open, uneNuivocal act of appoint ent on the part of the appointin# authorit! e po"ered to a<e it, and it a! be said that an appoint ent to office is ade and is co plete "hen the last act reNuired of the appointin# authorit! has been perfor ed )6olnar vs. Cit! of Aurora, (58 &.+. .d .'., (8 III App. (d 48/-. In either case, the appoint ent beco es co plete "hen the last act reNuired of the appointin# po"er is perfor ed )State vs. Earbour, 4( Conn. 7', 44 A . %ep. '4-.; &esignation
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In Binamira vs. Garrucho, 7ul! (/, 199/, the court stated that9 0Appoint ent a! be defined as the selection, b! the authorit! vested "ith the po"er, of an individual "ho is to e>ercise the functions of a #iven office. Ahen co pleted, usuall! "ith its confir ation, the appoint ent results in securit! of tenure for the person chosen unless he is replaceable at pleasure because of the nature of his office. :esi#nation, on the other hand, connotes erel! the i position b! la" of additional duties on an incu bent official, as "here, in the case before us, the Secretar! of *ouris is desi#nated Chair an of the Eoard of :irectors of the Philippine *ouris Authorit!, or "here, under the Constitution, three 7ustices of the Supre e Court are desi#nated b! the Chief 7ustice to sit in the +lectoral *ribunal of the Senate or the Couse of %epresentatives. It is said that appoint ent is essentiall! e>ecutive "hile desi#nation is le#islative in nature. :esi#nation a! also be loosel! defined as an appoint ent because it li<e"ise involves the na in# of a particular person to a specified public office. *hat is the co on understandin# of the ter . Co"ever, "here the person is erel! desi#nated and not appointed, the i plication is that he shall hold the office onl! in a te porar! capacit! and a! be replaced at "ill b! the appointin# authorit!. In this sense, the desi#nation is considered onl! an actin# or te porar! appoint ent, "hich does not confer securit! of tenure on the person na ed.; President/s Appointing Power *he 1987 Constitution provides9 0Section 1'. *he President shall no inate and, "ith the consent of the Co ission on Appoint ents, appoint the heads of the e>ecutive depart ents, a bassadors, other public inisters and consuls, or officers of the ar ed forces fro the ran< of colonel or naval captain, and other officers "hose appoint ents are vested in hi in this Constitution. Ce shall also appoint all other officers of the Iovern ent "hose appoint ents are not other"ise provided for b! la", and those "ho he a! be authori=ed b! la" to appoint. *he Con#ress a!, b! la", vest the appoint ent of other officers lo"er in ran< in the President alone, in the courts, or in the heads of depart ents, a#encies, co issions, or boards. *he President shall have the po"er to a<e appoint ents durin# the recess of the Con#ress, "hether voluntar! or co pulsor!, but such appoint ents shall be effective onl! until disapproved b! the Co ission on Appoint ents or until the ne>t ad$ourn ent of the Con#ress.; In the case of Ion=ales III vs. ,ffice of the President, Septe ber /5, ./1., the court said that 01u2nder the doctrine of i plication, the po"er to appoint carries "ith it the po"er to re ove. As a #eneral rule, therefore, all officers appointed b! the President
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are also re ovable b! hi . *he e>ception to this is "hen the la" e>pressl! provides other"ise @ that is, "hen the po"er to re ove is e>pressl! vested in an office or authorit! other than the appointin# po"er. In so e cases, the Constitution e>pressl! separates the po"er to re ove fro the PresidentBs po"er to appoint. 3nder Section 9, Article HIII of the 1987 Constitution, the 6e bers of the Supre e Court and $ud#es of lo"er courts shall be appointed b! the President. Co"ever, 6e bers of the Supre e Court a! be re oved after i peach ent proceedin#s initiated b! Con#ress )Section ., Article XI-, "hile $ud#es of lo"er courts a! be re oved onl! b! the Supre e Court b! virtue of its ad inistrative supervision over all its personnel )Sections ' and 11, Article HIII-. *he Chairpersons and Co issioners of the Civil Service Co ission Section 1).-, Article IX)E-, the Co ission on +lections Section 1).-, Article IX)C-, and the Co ission on Audit Section 1).-, Article IX):- shall li<e"ise be appointed b! the President, but the! a! be re oved onl! b! i peach ent )Section ., Article XI-. As priorl! stated, the , buds an hi self shall be appointed b! the President )Section 9, Article XI- but a! also be re oved onl! b! i peach ent )Section ., Article XI-.; 'le0tion *he %ules of Procedure in +lection Contests before the Courts involvin# +lective 6unicipal and baran#a! ,fficials )A6. &o. /7@5@14@SC- provides that9 0+lection @ eans the choice or selection of candidates to public office b! popular vote throu#h the use of the ballot. Specificall!, it a! refer to the conduct of the polls, includin# the listin# of voters, the holdin# of the electoral ca pai#n, and the castin# and countin# of ballots and canvassin# of return.; ,-A+ %ead each Nuestion ver! carefull!. Ans"er le#ibl!, clearl!, and concisel!. 1. It is readil! apparent that under the provisions of the 1987 Constitution, there are four )5- #roups of officers "ho the President shall appoint. +nu erate these #roups and deter ine "hich #roupOs reNuire or reNuires the concurrence of the Co ission on the Appoint ents. LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
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.. Can the President appoint actin# secretaries "ithout the consent of the Co ission on Appoint ents "hile Con#ress is in sessionM LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL #as) 1 Choose "hich of the follo"in# appoint ents b! the president reNuire the consent of the Co ission on Appoint ents. &F%C Chair an Consuls +>ecutive Secretar! )+) ,irector C'- Chairman

Commissioner of Customs Fieutenant +aval Captain

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL #as) 2 *he follo"in# ter s are the different steps in the appointin# process. 6a<e a sche atic dia#ra to sho" the said process and briefl! e>plain each step. "ttestation Confirmation +omination Issuance of commission

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Case Analysis + %ead and discuss the i portant le#al doctrines, principles and concepts enunciated in the follo"in# cases. 1. 8ariPas vs. +>ecutive Secretar!, :ece ber 1/, .//( LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .. Kuinto vs. C,6+F+C, 8ebruar! .., ./1/ LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL (. *riste vs. Fe!te State Colle#e Eoard of *rustees, :ece ber 17 , 199/ LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
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LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL 5. Iarces vs. Court of Appeals, 7ul! 17, 199' ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________ 'L!3!B!L!#4 A"& ,UAL!(!CA#!%" Elac<Qs Fa" :ictionar! provides that Nualification eans the possession of the Nualities or circu stances "hich are inherentl! or le#all! necessar! to render hi eli#ible to fill an office or to perfor a public dut! or function. 6oreover, Carlo Cru= said that 0lac< of disNualifications is itself a Nualification;. #as) 5 Co plete the table belo" b! "ritin# the Nualifications of the follo"in# elective officials. 'le0tive %ffi0ials President and Hice@President Senator Citi6ens7ip Age Litera0y 8oter $esiden0y

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:istrict %epresentative Part!@list %epresentative Focal ,fficials

A%66 Iovernor A%66 Fe#islators

&is9ualifi0ations :isNualifications to hold public office are ental or ph!sical incapacit!, isconduct or cri e, i peach ent, re oval or suspension fro office, previous tenure of office, consecutive ter s, holdin# ore than one office, relationship "ith the appointin# po"er, office ne"l! created or the e olu ents of "hich have been increased, bein# an elective official, havin# been a candidate for an! elective position, and #rounds under the local #overn ent code )Ateneo Political Fa" %evie"er and 6e or! Aid-. &' (AC#% %((!C'$. :e 8acto ,fficer refers to an officer holdin# a colorable ri#ht or title to the office acco panied b! possession. In the case of Tuanda vs. $andiganbayan, the court said9 0*he conditions and ele ents of de facto officership are the follo"in#9 1. *here ust be a de jure office? .. *here ust be color of ri#ht or #eneral acNuiescence b! the public? and (. *here ust be actual ph!sical possession of the office in #ood faith. ,ne can Nualif! as a de facto officer onl! if all the aforestated ele ents are present. *here can be no de facto officer "here there is no de jure office, althou#h there a! be a de facto officer in a de jure office.;

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An officer de facto is to be distin#uished fro an officer de jure, and is one "ho has the reputation or appearance of bein# the officer he assu es to be but "ho, in fact, under the la", has no ri#ht or title to the office he assu es to hold. Ce is distin#uished fro a ere usurper or intruder b! the fact that the for er holds b! so e color of ri#ht or title "hile the latter intrudes upon the office and assu es to e>ercise its functions "ithout either the le#al title or color of ri#ht to such office. )6cKuillin, 6unicipal Corporations, Hol. (, (rd ed., pp. (7'@(77.*o constitute a de facto officer, there ust be an office havin# a de facto e>istence, or at least one reco#ni=ed b! la" and the clai ant ust be in actual possession of the office under color of title or authorit!. State vs. Eabb, 1.5 A. Ha. 5.8, ./ S.+. ).d- '8(. )6cKuillin, 6unicipal Corporations, supra footnote &o. 11, p. (8(.In his concurrin# opinion in the case of +acionalista )arty vs. ,e .era , 7ustice ,=aeta e>plained that usurper is one ""ho underta<es to act officiall! "ithout an! color of ri#ht." #as) : %ead the assi#ned case and deter ine if the public officer involved is a de $ure, de facto or a usurper. 1. 7ud#e Capistrano in the case of *a!<o vs. Capistrano, ,ctober ., 19.8 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .. +>ecutive Assistant IH Priscilla ,n#, 6a! .7, .//5 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL Case Analysis 1 %ead and discuss the i portant le#al doctrines, principles and concepts enunciated in the follo"in# cases.
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1. 6en=on vs. +>ecutive Petilla, 6a! ./, 1991 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .. &acionalista Part! vs. :e Hera, :ece ber 7, 1959 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL AU#;%$!#4 %( PUBL!C %((!C'$ As e>plained b! Carlo Cru=, 0the authorit! of public officer is derived fro the people the selves.; Section 1, Article II of the 1987 constitution provides that 01t2he Philippines is a de ocratic and republican State. Soverei#nt! resides in the people and all #overn ent authorit! e anates fro the .; Scope of po"er of a public officer consists of those po"ers "hich are e>pressl! conferred upon hi b! the la" under "hich he has been appointed or elected? e>pressl! anne>ed to the office b! the la" "hich created it or so e other la" referrin# to it? or attached to the office as incidents to it )Ateneo Political Fa" %evie"er and 6e or! Aid-. #as) <

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*he duties of the public officer a! be discretionar! or inisterial. Co pare and contrast the t"o <inds of duties of the public officer. Cite at least one e>a ple for each <ind. ====================================================================== ====================================================================== ====================================================================== ====================================================================== ====================================================================== C!8!L .'$8!C' 3nder the Constitution, the Civil Service Co ission is the central personnel a#enc! of the #overn ent char#ed "ith the dut! of deter inin# Nuestions of Nualifications of erit and fitness of those appointed to the civil service. Its po"er to issue a certificate of eli#ibilit! carries "ith it the po"er to revo<e a certificate for bein# null and void. #as) > Cop! the entire provision concernin# the Civil Service Co ission in Article IX of the 1987 Constitution. LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
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LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL %#;'$ !MP%$#A"# C%"C'P#. #as) ? +>plain thorou#hl! the follo"in# le#al concepts. 1. Cold@over LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .. &epotis LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL (. &e>t@in@ran< %ule LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL 5. :ivest ent LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL 4. ,fficial I unit! LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
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LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL Case Analysis 2 %ead and discuss the i portant le#al doctrines, principles and concepts enunciated in the follo"in# cases. 1. Sa barani vs. C,6+F+C, Septe ber 14, .//5 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .. Faurel H vs. CSC, ,ctober .8, 1991 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL (. Cit! 6a!or :ebul#ado vs. CSC, Septe ber .', 1995 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
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LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL 5. Panis vs. CSC, 8ebruar! ., 1995 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL 4. Earro=o vs. CSC, 7une .4 1991 LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL .U.P'".!%" In the case of "ldovino vs. C/ME0EC, :ece ber .(, .//9, the court e>plained the nature of preventive suspension, to "it9 0Preventive suspension R "hether under the Focal Iovern ent Code, the Anti@ Iraft and Corrupt Practices Act, or the , buds an Act R is an interi re edial easure to address the situation of an official "ho have been char#ed ad inistrativel! or cri inall!, "here the evidence preli inaril! indicates the li<elihood of or potential for eventual #uilt or liabilit!. Preventive suspension is i posed under the Focal Iovern ent Code ""hen the evidence of #uilt is stron# and #iven the #ravit! of the offense, there is a
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possibilit! that the continuance in office of the respondent could influence the "itnesses or pose a threat to the safet! and inte#rit! of the records and other evidence." 3nder the Anti@Iraft and Corrupt Practices Act, it is i posed after a valid infor ation )that reNuires a findin# of probable cause- has been filed in court, "hile under the , buds an Act, it is i posed "hen, in the $ud# ent of the , buds an, the evidence of #uilt is stron#? and )a- the char#e involves dishonest!, oppression or #rave isconduct or ne#lect in the perfor ance of dut!? or )b- the char#es "ould "arrant re oval fro the service? or )c- the respondentQs continued sta! in office a! pre$udice the case filed a#ainst hi . &otabl! in all cases of preventive suspension, the suspended official is barred fro perfor in# the functions of his office and does not receive salar! in the ean"hile, but does not vacate and lose title to his office? loss of office is a conseNuence that onl! results upon an eventual findin# of #uilt or liabilit!. Preventive suspension is a re edial easure that operates under closel!@ controlled conditions and #ives a pre iu to the protection of the service rather than to the interests of the individual office holder. +ven then, protection of the service #oes onl! as far as a te porar! prohibition on the e>ercise of the functions of the officialQs office? the official is reinstated to the e>ercise of his position as soon as the preventive suspension is lifted. *hus, "hile a te porar! incapacit! in the e>ercise of po"er results, no position is vacated "hen a public official is preventivel! suspended.; *he follo"in# are the t"o ).- <inds of preventive suspension9 1. Preventive Suspension Pendin# Investi#ation? and .. Preventive Suspension Pendin# Appeal. In the case of Bolastig vs. $andiganbayan, Au#ust 5, 1995, the court ruled that 01t2he duration of preventive suspension is thus coeval "ith the period prescribed for decidin# ad inistrative disciplinar! cases. If the case is decided before ninet! da!s, then the suspension "ill last less than ninet! da!s, but if the case is not decided "ithin ninet! da!s, then the preventive suspension ust be up to ninet! da!s onl!. Si ilarl!, as applied to cri inal prosecutions under %epublic Act &o. (/19, preventive suspension "ill last for less than ninet! da!s onl! if the case is decided "ithin that period? other"ise, it "ill continue for ninet! da!s. *he duration of preventive suspension "ill, therefore, var! to the e>tent that it is contin#ent on the ti e it ta<es the court to decide the case but not on account of an! discretion lod#ed in the court, ta<in# into account the probabilit! that the accused a! use his office to ha per his prosecution.; , and A 1
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Is the preventive suspension of an elected public official an interruption of his ter of office for purposes of the three@ter li it rule under Section 8, Article X of the Constitution and Section 5()b- of %epublic Act &o. 71'/ )%A 71'/, or the Focal Iovern ent Code-M LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL 8ACA"C4 *here is a vacanc! "hen an office is e pt! and "ithout a le#all! Nualified incu bent appointed or elected to it "ith a la"ful ri#ht to e>ercise its po"ers and perfor its duties. *here can be no appoint ent to a non@vacant position )Ateneo Political Fa" %evie"er and 6e or! Aid-. M%&'. %( #'$M!"A#!%" %( %((!C!AL $'LA#!%". *he different odes of ter inatin# official relations a! be classified into natural causes, acts or ne#lect of officer and acts of the #overn ent and people. "atural Causes 1. +>piration of the *er or *enure of ,ffice .. %eachin# the A#e Fi it )%etire ent(. :eath or Per anent :isabilit! A0ts @ "egle0t of %ffi0er 1. %esi#nation .. Acceptance of an Inco patible ,ffice (. Abandon ent of ,ffice 5. Prescription of %i#ht to ,ffice A0ts of t7e 3overnment or People 1. %e oval .. I peach ent (. Abolition of ,ffice 5. Conviction of a Cri e
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4. %ecall #as) *A *he class "ill be divided into #roups. +ach #roup "ill be assi#ned to research at least t"o ).- odes of ter inatin# official relations. *hereafter, the desi#nated #roup "ill creativel! present the assi#ned topics in the class. Iroup 1 +>piration of the *er or *enure of ,ffice %eachin# the A#e Fi it )%etire ent:eath or Per anent :isabilit! Iroup . %esi#nation Acceptance of an Inco patible ,ffice Abandon ent of ,ffice Prescription of %i#ht to ,ffice Iroup ( %e oval Abolition of ,ffice Conviction of a Cri e Iroup 5 I peach ent %ecall B#7e business of a law s07ool is not suffi0iently des0ribed w7en you merely say t7at it is to tea07 law or to ma)e lawyersC it is to tea07 law in t7e grand manner, and to ma)e great lawyers.D -.upreme Court Justi0e %liver Eendell ;olmes, Jr.

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