ARTICLE XVIII
Transitory Provisions
SECTION 16. Career civil service employees separated from the service
not for cause but as a result of the reorganization pursuant to
Proclamation No. 3 dated March 25, 1986 and the reorganization
following the ratification of this Constitution shall be entitled to
appropriate separation pay and to retirement and other benefits accruing
to them under the laws of general application in force at the time of their
separation. In lieu thereof, at the option of the employees, they may be
considered for employment in the Government or in any of its
subdivisions, instrumentalities, or agencies, including government-owned
or controlled corporations and their subsidiaries. This provision also
applies to career officers whose resignation, tendered in line with the
existing policy, had been accepted.
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Section 21. Organization. - The Office of the President shall consist of the
Office of the President Proper and the agencies under it.
Section 22.Office of the President Proper. -
(1) The Office of the President Proper shall consist of the Private Office,
the Executive Office, the Common Staff Support System, and the
Presidential Special Assistants/Advisers System;
(2)The Executive Office refers to the Offices of the Executive Secretary,
Deputy Executive Secretaries and Assistant Executive Secretaries;
(3)The Common Staff Support System embraces the offices or units under
the general categories of development and management, general
government administration and internal administration; and
(4)The President Special Assistants/Advisers System includes such
special assistants or advisers as may be needed by the President.
Section 23.The Agencies under the Office of the President. - The agencies
under the Office of the President refer to those offices placed under the
chairmanship of the President, those under the supervision and control of
the President, those under the administrative supervision of the Office of
the President, those attached to it for policy and program coordination,
and those that are not placed by law or order creating them under any
specific department.
Section 31.Continuing Authority of the President to Reorganize his Office.
- The President, subject to the policy in the Executive Office and in order
to achieve simplicity, economy and efficiency, shall have continuing
authority to reorganize the administrative structure of the Office of the
President. For this purpose, he may take any of the following actions:
(1)Restructure the internal organization of the Office of the President
Proper, including the immediate Offices, the Presidential Special
Assistants/Advisers System and the Common staff Support System, by
abolishing, consolidating or merging units thereof or transferring
functions from one unit to another;
(2)Transfer any function under the Office of the President to any other
Department or Agency as well as transfer functions to the Office of the
President from other Departments and Agencies; and
(3)Transfer any agency under the Office of the President to any other
department or agency as well as transfer agencies to the Office of the
President from other departments or agencies.
RPC ARTICLE 237
Art. 237. Prolonging performance of duties and powers. — Any public
officer shall continue to exercise the duties and powers of his office,
employment or commission, beyond the period provided by law,
regulation or special provisions applicable to the case, shall suffer the
penalties of prision correccional in its minimum period, special
temporary disqualification in its minimum period and a fine not
exceeding 500 pesos.
OEC SECTION 11
Sec. 11. Failure to assume office. - The office of any official elected who
fails or refuses to take his oath of office within six months from his
proclamation shall be considered vacant, unless said failure is for a cause
or causes beyond his control.
RULE 66
Quo Warranto Section 11
Section 11. Limitations. — Nothing contained in this Rule shall be
construed to authorize an action against a public officer or employee for
his ouster from office unless the same be commenced within one (1) year
after the cause of such ouster, or the right of the petitioner to hold such
office or position, arose, nor to authorize an action for damages in
accordance with the provisions of the next preceding section unless the
same be commenced within one (1) year after the entry of the judgment
establishing the petitioner's right to the office in question. (16a)
RA 7160 LOCAL GOVERNMENT CODE OF 1991
Section 69. By Whom Exercised. - The power of recall for loss of
confidence shall be exercised by the registered voters of a local
government unit to which the local elective official subject to such recall
belongs.
Section 70. Initiation of the Recall Process. -
(a) Recall may be initiated by a preparatory recall assembly or by the
registered voters of the local government unit to which the local elective
official subject to such recall belongs.
(b) There shall be a preparatory recall assembly in every province, city,
district, and municipality which shall be composed of the following:
(1) Provincial level. - All mayors, vice-mayors, and sanggunian members
of the municipalities and component cities;
(2) City level. - All punong barangay and sanggunian barangay members
in the city;
(3) Legislative District level. - In case where sangguniang panlalawigan
members are elected by district, all elective municipal officials in the
district; and in cases where sangguniang panlungsod members are
elected by district, all elective barangay officials in the district; and
(4) Municipal level. - All punong barangay and sangguniang barangay
members in the municipality.
(c) A majority of all the preparatory recall assembly members may
convene in session in a public place and initiate a recall proceedings
against any elective official in the local government unit concerned. Recall
of provincial, city, or municipal officials shall be validly initiated through
a resolution adopted by a majority of all the members of the preparatory
recall assembly concerned during its session called for the purpose.
(d) Recall of any elective provincial, city, municipal, or barangay official
may also be validly initiated upon petition of at least twenty-five percent
(25%) of the total number of registered voters in the local government
unit concerned during the election in which the local official sought to be
recalled was elected.
(1) A written petition for recall duly signed before the election registrar
or his representative, and in the presence of a representative of the
petitioner and a representative of the official sought to be recalled and,
and in a public place in the province, city, municipality, or barangay, as
the case may be, shall be filed with the COMELEC through its office in the
local government unit concerned. The COMELEC or its duly authorized
representative shall cause the publication of the petition in a public and
conspicuous place for a period of not less than ten (10) days nor more
than twenty (20) days, for the purpose of verifying the authenticity and
genuineness of the petition and the required percentage of voters.
(2) Upon the lapse of the aforesaid period, the COMELEC or its duly
authorized representative shall announce the acceptance of candidates to
the position and thereafter prepare the list of candidates which shall
include the name of the official sought to be recalled.
Section 71. Election on Recall. - Upon the filing of a valid resolution or
petition for recall with the appropriate local office of the COMELEC, the
Commission or its duly authorized representative shall set the date of the
election on recall, which shall not be later than thirty (30) days after the
filing of the resolution or petition for recall in the case of the barangay,
city, or municipal officials. and forty-five (45) days in the case of
provincial officials. The official or officials sought to be recalled shall
automatically be considered as duly registered candidate or candidates to
the pertinent positions and, like other candidates, shall be entitled to be
voted upon.
Section 72. Effectivity of Recall. - The recall of an elective local official
shall be effective 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.
Section 73. Prohibition from Resignation. - The elective local official
sought to be recalled shall not be allowed to resign while the recall
process is in progress.
Section 74. Limitations on Recall. -
(a) Any elective local official may be the subject of a recall election only
once during his term of office for loss of confidence.
(b) No recall shall take place within one (1) year from the date of the
official's assumption to office or one (1) year immediately preceding a
regular local election.
ARTICLE XI
Accountability of Public Officers
SECTION 2. The President, the Vice-President, the Members of the
Supreme Court, the Members of the Constitutional Commissions, and the
Ombudsman may be removed from office, on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery, graft
and corruption, other high crimes, or betrayal of public trust. All other
public officers and employees may be removed from office as provided by
law, but not by impeachment.
SECTION 3.
(1) The House of Representatives shall have the exclusive power to
initiate all cases of impeachment.
(2) A verified complaint for impeachment may be filed by any Member of
the House of Representatives or by any citizen upon a resolution of
endorsement by any Member thereof, which shall be included in the
Order of Business within ten session days, and referred to the proper
Committee within three session days thereafter. The Committee, after
hearing, and by a majority vote of all its Members, shall submit its report
to the House within sixty session days from such referral, together with
the corresponding resolution. The resolution shall be calendared for
consideration by the House within ten session days from receipt thereof.
(3) A vote of at least one-third of all the Members of the House shall be
necessary either to affirm a favorable resolution with the Articles of
Impeachment of the Committee, or override its contrary resolution. The
vote of each Member shall be recorded.
(4) In case the verified complaint or resolution of impeachment is filed by
at least one-third of all the Members of the House, the same shall
constitute the Articles of Impeachment, and trial by the Senate shall
forthwith proceed.
(5) No impeachment proceedings shall be initiated against the same
official more than once within a period of one year.
(6) The Senate shall have the sole power to try and decide all cases of
impeachment. When sitting for that purpose, the Senators shall be on
oath or affirmation. When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but shall not vote. No
person shall be convicted without the concurrence of two-thirds of all the
Members of the Senate.
(7) Judgment in cases of impeachment shall not extend further than
removal from office and disqualification to hold any office under the
Republic of the Philippines, but the party convicted shall nevertheless be
liable and subject to prosecution, trial, and punishment according to law.
(8) The Congress shall promulgate its rules on impeachment to effectively
carry out the purpose of this section.
IX B SECTION 2 (3) OF THE 1987 CONSTITUTION
(3) No officer or employee of the civil service shall be removed or
suspended except for cause provided by law.
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(b) The following shall be grounds for disciplinary action:
(1) Dishonesty;
(2) Oppression;
(3) Neglect of duty;
(4) Misconduct;
(5) Disgraceful and immoral conduct;
(6) Being notoriously undesirable;
(7) Discourtesy in the course of official duties;
(8) Inefficiency and incompetence in the performance of official duties;
(9) Receiving for personal use of a fee, gift or other valuable thing in the
course of official duties or in connection therewith when such fee, gift, or
other valuable thing is given by any person in the hope or expectation of
receiving a favor or better treatment than that accorded other persons, or
committing acts punishable under the anti-graft laws;
(10) Conviction of a crime involving moral turpitude;
(11) Improper or unauthorized solicitation of contributions from
subordinate employees and by teachers or school officials from school
children;
(12) Violation of existing Civil Service Law and rules or reasonable office
regulations;
(13) Falsification of official document;
(14) Frequent unauthorized absences or tardiness in reporting for duty,
loafing or frequent unauthorized absences from duty during regular
office hours;
(15) Habitual drunkenness;
(16) Gambling prohibited by law;
(17) Refusal to perform official duty or render overtime service;
(18) Disgraceful, immoral or dishonest conduct prior to entering the
service;
(19) Physical or mental incapacity or disability due to immoral or vicious
habits;
(20) Borrowing money by superior officers from subordinates or lending
by subordinates to superior officers;
(21) Lending money at usurious rates of interest;
(22) Willful failure to pay just debts or willful failure to pay taxes due to
the government;
(23) Contracting loans of money or other property from persons with
whom the office of the employee concerned has business relations;
(24) Pursuit of private business, vocation or profession without the
permission required by Civil Service rules and regulations;
(25) Insubordination;
(26) Engaging directly or indirectly in partisan political activities by one
holding a non-political office;
(27) Conduct prejudicial to the best interest of the service;
(28) Lobbying for personal interest or gain in legislative halls or offices
without authority;
(29) Promoting the sale of tickets in behalf of private enterprises that are
not intended for charitable or public welfare purposes and even in the
latter cases if there is no prior authority;

(30) Nepotism as defined in Section 60 of this Title

SECTION 50. Summary Proceedings.—No formal investigation is

necessary and the respondent may be immediately removed or dismissed
if any of the following circumstances is present:

(1) When the charge is serious and the evidence of guilt is strong;

(2) When the respondent is a recidivist or has been repeatedly charged

and there is reasonable ground to believe that he is guilty of the present
charge; and

(3) When the respondent is notoriously undesirable.

Resort to summary proceedings by the disciplining authority shall be

done with utmost objectivity and impartiality to the end that no injustice
is committed: Provided, That removal or dismissal except those by the
President, himself or upon his order, may be appealed to the Commission.

SECTION 51. Preventive Suspension.—The proper disciplining authority

may preventively suspend any subordinate officer or employee under his
authority pending an investigation, if the charge against such officer or
employee 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 charges which would warrant his removal
from the service.

SECTION 52. Lifting of Preventive Suspension Pending Administrative

Investigation.—When the administrative case against the officer or
employee under preventive suspension is not finally decided by the
disciplining authority within the period of ninety (90) days after the date
of suspension of the respondent who is not a presidential appointee, the
respondent shall be automatically reinstated in the service: Provided,
That when the delay in the disposition of the case is due to the fault,
negligence or petition of the respondent, the period of delay shall not be
counted in computing the period of suspension herein provided.