Reviewer in Judicial Ethics

8/9/2019 Reviewer in Judicial Ethics

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REVIEWER IN JUDICIAL ETHICS

Elements of Public Office

1. Must possess a delegation of a portion of the sovereign powers of the government to be

exercised for the good of the public

2. It is created by law or by authority of law

3. Powers that are conferred and duties to be discharged must be defined directly, legislature or

legislative authority

4. duties performed independently and without control of a superior power other that the law

5. Must have some permanence and continuity and not be only temporary or occasional (this was

amended in the Laurel Case)

Public office defined

It is a right, authority and duty created and conferred by law, by which for a given period either

fixed by law or enduring at the pleasure of the creating power

Public Officer

Individual, invested with some portion of sovereign function of the state, to be exercised by

him, for the benefit of the body politic

Kinds of Public Officers

1. Elective

2. Appointive

3. Direct Provision of Law (Contractual)

Public Employee

Persons in government who do not exercise legislative, judicial, and executive functions

Clerical or Manual in Nature

In the CSC those person in the 1st and 2nd rank

RA 6713 Sec. 4 (CPJPRNCS) definitions in the RA

1. Commitment to public interest 5. Responsiveness to the Public

2. Professionalism 6. Nationalism

3. Justness and sincerity 7. Commitment to Democracy

4. Political Neutrality 8. Simple Living

Duties of Public Officers (ASPAM)

1. Act Promptly on Letter & Requests


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2. Submit Annual Performance report

3. Process Documents & Papers Expeditiously

4. Act Immediately on the public personal transactions

5. Make Document accessible to the public

Prohibited Acts and Transactions

1) Financial and Material Interest

2) Outside employment & other activities related thereto

3) Disclosure and or misuse of confidential information

4) Solicitation or Acceptance Gifts

Code of Conduct and Ethical Standards (RA 6713)

(Section 4)Norms of Conduct of Public Officials and Employees.

(A) Every public official and employee shall observe the following as standards of personal conduct in

the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always upholdthe public Interest over and above personal interest. All government resources andpowers of their respective offices must be employed and used efficiently, effectively, honestlyand economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge theirduties with the highest degree of excellence, professionalism, intelligence and skill.They shall enter public service with utmost devotion and dedication to duty. They shallendeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue

patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to thepeople at all times.They must act with justness and sincerity and shall not discriminateagainst anyone, especially the poor and the underprivileged. They shall at all times respectthe rights of others, and shall refrain from doing acts contrary to law, good morals,good customs, public policy, public order, public safety and public interest. Theyshall not dispense or extend undue favors on account of their office to their relatives whetherby consanguinity or affinity except with respect to appointments of such relatives to positionsconsidered strictly confidential or as members of their personal staff whose terms arecoterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyonewithout unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt,courteous, and adequate service to the public. Unless otherwise provided by law or whenrequired by the public interest, public officials and employees shall provideinformation of their policies and procedures in clear and understandable language,ensure openness of information, public consultations and hearings wheneverappropriate, encourage suggestions, simplify and systematize policy, rules andprocedures, avoid red tape and develop an understanding and appreciation of thesocio-economic conditions prevailing in the country, especially in the depressedrural and urban areas.


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(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to theRepublic and to the Filipino people, promote the use of locally produced goods, resourcesand technology and encourage appreciation and pride of country and people. They shallendeavor to maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to thedemocratic way of life and values, maintain the principle of public accountability, and

manifest by deeds the supremacy of civilian authority over the military.They shall at alltimes uphold the Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriateto their positions and income. They shall not indulge in extravagant or ostentatious display ofwealth in any form.

(Section 5)Duties of Public Officials and Employees.

- In the performance of their duties, all public officials and employees are under obligation to:

(a) Act promptly on letters and requests. - All public officials and employees shall, withinfifteen (15) working days from receipt thereof, respond to letters, telegrams or other means ofcommunications sent by the public. The reply must contain the action taken on the request.

(b) Submit annual performance reports. - All heads or other responsible officers of offices andagencies of the government and of government-owned or controlled corporations shall, withinforty-five (45) working days from the end of the year, render a performance report of theagency or office or corporation concerned. Such report shall be open and available to thepublic within regular office hours.

(c) Process documents and papers expeditiously. - All official papers and documents must beprocessed and completed within a reasonable time from the preparation thereof and mustcontain, as far as practicable, not more than three (3) signatories therein. In the absence ofduly authorized signatories, the official next-in-rank or officer in charge shall sign for and intheir behalf.

(d) Act immediately on the public's personal transactions. - All public officials and employeesmust attend to anyone who wants to avail himself of the services of their offices and must, atall times, act promptly and expeditiously.

(e) Make documents accessible to the public. - All public documents must be

(Section 7)Prohibited Acts and Transactions.

-In addition to acts and omissions of public officials and employees now prescribed in the Constitutionand existing laws, the following shall constitute prohibited acts and transactions of any public officialand employee and are hereby declared to be unlawful:

(a) Financial and material interest.

-Public officials and employees shall not, directly or indirectly, have any financial ormaterial interest in any transaction requiring the approval of their office.

(b) Outside employment and other activities related thereto.

-Public officials and employees during their incumbency shall not:


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(1) Own, control, manage or accept employment as officer, employee,consultant, counsel, broker, agent, trustee or nominee in any privateenterprise regulated, supervised or licensed by their office unless expresslyallowed by law;

(2) Engage in the private practice of their profession unless authorized by theConstitution or law, provided, that such practice will not conflict or tend to

conflict with their official functions; or

(3) Recommend any person to any position in a private enterprise which has aregular or pending official transaction with their office.

(c) Disclosure and/or misuse of confidential information.

-Public officials and employees shall not use or divulge, confidential or classifiedinformation officially known to them by reason of their office and not made available tothe public, either:

(1) To further their private interests, or give undue advantage to anyone; or

(2) To prejudice the public interest.

(d) Solicitation or acceptance of gifts.

- Public officials and employees shall not solicit or accept, directly or indirectly, anygift, gratuity, favor, entertainment, loan or anything of monetary value from anyperson in the course of their official duties or in connection with any operation beingregulated by, or any transaction which may be affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominalvalue tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of ascholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or employee of travel grants or expenses fortravel taking place entirely outside the Philippine (such as allowances, transportation,food, and lodging) of more than nominal value if such acceptance is appropriate orconsistent with the interests of the Philippines, and permitted by the head of office,branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out thepurpose of this subsection, including pertinent reporting and disclosure requirements.

Nothing in this Act shall be construed to restrict or prohibit any educational, scientific orcultural exchange programs subject to national security requirements.

(Section 9)

Divestment. - A public official or employee shall avoid conflicts of interest at all times. When a conflictof interest arises, he shall resign from his position in any private business enterprise within thirty (30)days from his assumption of office and/or divest himself of his shareholdings or interest within sixty(60) days from such assumption.


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Divestment" is the transfer of title or disposal of interest in property by voluntarily,

completely and actually depriving or dispossessing oneself of his right or title to it in favor of a

person or persons other than his spouse and relatives as defined in this Act.

Conflict of interest" arises when a public official or employee is a member of a board, an

officer, or a substantial stockholder of a private corporation or owner or has a substantial

interest in a business, and the interest of such corporation or business, or his rights or duties

therein, may be opposed to or affected by the faithful performance of official duty.

Promulgation of Rules and Regulations, Administration and Enforcement of this Act.

-The Civil Service Commission shall have the primary responsibility for the administration and

enforcement of this Act.

-It shall transmit all cases for prosecution arising from violations of this Act to the proper

authorities for appropriate action:

-Provided, however, that it may institute such administrative actions and disciplinary measures

as may be warranted in accordance with law.

-Nothing in this provision shall be construed as a deprivation of the right of each House of Congress to

discipline its Members for disorderly behaviour.

-The Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to

carry out the provisions of this Act, including guidelines for individuals who render free voluntary

service to the Government.

-The Ombudsman shall likewise take steps to protect citizens who denounce acts or omissions of

public officials and employees which are in violation of this Act.

Civil Service Commission

FUNCTIONS (AS STATED IN SEC. 3 ARTICLE IX)

The Civil Service Commission, as the central personnel agency of the Government,

shall:

-Establish a career service

-Adopt measures to promote morale, efficiency, integrity, responsiveness,

progressiveness, and courtesy in the civil service.

-It shall strengthen the merit and rewards system,

-Integrate all human resources development programs for all levels and ranks,

-and institutionalize a management climate conducive to public accountability.

-that the Civil Service Commission shall be the central personnel agency to set

standards and to enforce the laws and rules governing the selection, utilization,

training and discipline of civil servants.(SEC. 2 PD 807)

Civil Service Jurisdiction-

According to Section 3(1) Article IX of the Constitution:


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- The civil service embraces all branches, subdivisions, instrumentalities, and agencies

of the Government, including government-owned or controlled corporations with

original charters.

CONSTITUTIONAL Prohibitions:

1. No candidate who has lost in any election shall, within one year after such election,

be appointed to any office in the Government of any government-owned or controlled

corporations or in any of its subsidiaries.

2. No elective official shall be eligible for appointment or designation in any capacity to

any public office or position during his tenure.

3. No elective or appointive public officer or employee shall receive additional, double,

or indirect compensation, unless specifically authorized by law, nor accept without the

consent of the Congress, any present, emolument, office, or title of any kind from any

foreign government.

Positions in the Civil Service shall be classified into career service and non-career service.

The Career Service shall be characterized by

(1) entrance based on merit and fitness to be determined as far as practicable by competitiveexaminations, or based on highly technical qualifications;

(2) opportunity for advancement to higher career positions;

(3) security of tenure.

Officers under career service:

1. Open Career positions for appointment to which prior qualification in an appropriate

examination is required;

2. Closed Career positions which are scientific or highly technical in nature; these include thefaculty and academic staff of state colleges and universities, and scientific and technicalpositions in scientific or research institutions which shall establish and maintain their ownmerit systems;

3. Positions in the Career Executive Service; namely, Undersecretary, Assistant Secretary,Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director,Chief of Department Service and other officers of equivalent rank as may be identified by theCareer Executive Service Board, all of whom are appointed by the President;

4. Career officers, other than those in the Career Executive Service, who are appointed by thePresident, such as the Foreign Service Officers in the Department of Foreign Affairs;

5. Commissioned officers and enlisted men of the Armed Forces which shall maintain aseparate merit system;

6. Personnel of government-owned or controlled corporations, whether performinggovernmental or proprietary functions, who do not fall under the non-career service; and

7. Permanent laborers, whether skilled, semi-skilled, or unskilled.


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The Non-Career Service shall be characterized by

(1) entrance on bases other than those of the usual tests of merit and fitness utilized for thecareer service; and

(2) tenure which is limited to a period specified by law, or which is coterminous with that of theappointing authority or subject to his pleasure, or which is limited to the duration of aparticular project for which purpose employment was made.

Jurisdiction of the Civil Service Commission.

The Civil Service Commission shall hear and decide administrative cases instituted by,or brought before it, directly or on appeal, including contested appointments, and shallreview decisions and actions of its offices and of the agencies attached to it.

Except as otherwise provided by the Constitution or by law, the Civil Service Commissionshall have the final authority to pass upon the removal, separation and suspension of allofficers and employees in the civil service and upon all matters relating to the conduct,discipline and efficiency of such officers and employees.

Jurisdiction of the Civil Service Commission Proper.

The Civil Service Commission Proper shall have jurisdiction over the following cases:

A. Disciplinary

1. Decisions of Civil Service Regional Offices brought before it on petition for review;

2. Decisions of heads of departments, agencies, provinces, cities, municipalities andother instrumentalities, imposing penalties exceeding thirty days suspension orfine in an amount exceeding thirty days salary brought before it on appeal;

3. Complaints brought against Civil Service Commission Proper personnel;

4. Complaints against third level officials who are not presidential appointees;

5. Complaints against Civil Service officials and employees which are not acted uponby the agencies and such other complaints requiring direct or immediate action, inthe interest of justice;

6. Requests for transfer of venue of hearing on cases being heard by Civil ServiceRegional Offices;

7. Appeals from the Order of Preventive Suspension; and8. Such other actions or requests involving issues arising out of or in connection with

the foregoing enumerations.

B. Non-Disciplinary

1. Decisions of Civil Service Regional Offices brought before it;

2. Requests for favorable recommendation on petition for executive clemency;

3. Protests against the appointment, or other personnel actions, involving third levelofficials; and

4. Such other analogous actions or petitions arising out of or in relation with theforegoing enumerations.

Jurisdiction of Civil Service Regional Offices.

The Civil Service Regional Offices shall have jurisdiction over the following cases:A. Disciplinary

1. Complaints initiated by, or brought before, the Civil Service Regional Officesprovided that the alleged acts or omissions were committed within the jurisdictionof the Regional Office, including Civil Service examination anomalies orirregularities and the persons complained of are employees of agencies, local ornational, within said geographical areas;

2. Complaints involving Civil Service Regional Office personnel who are appointees ofsaid office; and

3. Petitions to place respondent under Preventive Suspension.


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B. Non-Disciplinary

1. Disapproval of appointments brought before it on appeal;

2. Protests against the appointments of first and second level employees broughtbefore it directly or on appeal;

Jurisdiction of Heads of Agencies.Heads of Departments, agencies, provinces, cities, municipalities and otherinstrumentalities shall have original concurrent jurisdiction, with the Commission, overtheir respective officers and employees.

A. Disciplinary

1. Complaints involving their respective personnel. Their decisions shall be final incase the penalty imposed is suspension for not more than thirty days or fine in anamount not exceeding thirty (30) days salary.

Decisions of Heads of Agencies imposing a penalty of removal shall be executoryonly after confirmation by the Department Secretary concerned.

B. Non-disciplinary

1. Protests against the appointments of their respective personnel. They shall haveoriginal concurrent jurisdiction with the Civil Service Regional Office concerned;and

2. Complaints on personnel actions and other non-disciplinary actions of theirrespective personnel.

Corrupt practices of public officers (RA 3019 section 3)- In addition to acts or omissions of public officers already penalized by existing law, the following shallconstitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting aviolation of rules and regulations duly promulgated by competent authority or an offense inconnection with the official duties of the latter, or allowing himself to be persuaded, induced,or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, orbenefit, for himself or for any other person, in connection with any contract or transaction

between the Government and any other part, wherein the public officer in his official capacityhas to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or materialbenefit, for himself or for another, from any person for whom the public officer, in any manneror capacity, has secured or obtained, or will secure or obtain, any Government permit orlicense, in consideration for the help given or to be given, without prejudice to Section thirteenof this Act.

(d) Accepting or having any member of his family accept employment in a private enterprisewhich has pending official business with him during the pendency thereof or within one yearafter its termination. chan robles virtual law library

(e) Causing any undue injury to any party, including the Government, or giving any privateparty any unwarranted benefits, advantage or preference in the discharge of his officialadministrative or judicial functions through manifest partiality, evident bad faith or grossinexcusable negligence. This provision shall apply to officers and employees of offices orgovernment corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, without sufficient justification, to actwithin a reasonable time on any matter pending before him for the purpose of obtaining,directly or indirectly, from any person interested in the matter some pecuniary or material


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benefit or advantage, or for the purpose of favoring his own interest or giving undueadvantage in favor of or discriminating against any other interested party.

(g) Entering, on behalf of the Government, into any contract or transaction manifestly andgrossly disadvantageous to the same, whether or not the public officer profited or will profitthereby.

(h) Directly or indirectly having financial or pecuniary interest in any business, contract ortransaction in connection with which he intervenes or takes part in his official capacity, or inwhich he is prohibited by the Constitution or by any law from having any interest.

(i) Directly or indirectly becoming interested, for personal gain, or having a material interest inany transaction or act requiring the approval of a board, panel or group of which he is amember, and which exercises discretion in such approval, even if he votes against the same ordoes not participate in the action of the board, committee, panel or group. Interest forpersonal gain shall be presumed against those public officers responsible for the approval ofmanifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or groupto which they belong. chan robles virtual law library

(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any

person not qualified for or not legally entitled to such license, permit, privilege or advantage,or of a mere representative or dummy of one who is not so qualified or entitled.

(k) Divulging valuable information of a confidential character, acquired by his office or by himon account of his official position to unauthorized persons, or releasing such information inadvance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and(c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urgingthe divulging or untimely release of the confidential information referred to in subparagraph (k) of thissection shall, together with the offending public officer, be punished under Section nine of this Act andshall be permanently or temporarily disqualified in the discretion of the Court, from transactingbusiness in any form with the Government.

Cases:

Morfe vs. Mutuc

MAIN ISSUE: Legality of periodical submission of Statement of Assets & Liabilities rule

B) HELD: Section 7 of RA 3019 is a proper exercise of police power and not otherwise.

Nothing can be clearer therefore than that the Anti-Graft Act of 1960 like the earlier statute 32 wasprecisely aimed at curtailing and minimizing the opportunities for official corruption and maintaining astandard of honesty in the public service. It is intended to further promote morality in publicadministration. A public office must indeed be a public trust. Nobody can cavil at its objective; the goal

to be pursued commands the assent of all. The conditions then prevailing called for norms of suchcharacter. The times demanded such a remedial device.The statute was framed with that end in view.It is comprehensive in character, sufficiently detailed and explicit to make clear to all and sundry whatpractices were prohibited. What is under consideration is a statute enacted under the policepower of the state to promote morality in public service necessarily limited in scope toofficialdom. May a public official claiming to be adversely affected rely on the due process clause toannul such statute or any portion thereof? The answer must be in the affirmative. If the police powerextends to regulatory action affecting persons in public or private life, then anyone with an allegedgrievance can invoke the protection of due process which permits deprivation of property or liberty aslong as such requirement is observed.


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Preclaro vs. Sandiganbayan

MAIN ISSUE: Contractual Personnel being a public officer

HELD: petitioner falls under the non-career service category (formerly termed the unclassified orexemption service) of the Civil Service and thus is a public officer as defined by Sec. 2(b) of the Anti-Graft & Corrupt Practices Act (R.A. No. 3019).

(Sec 6. PD 807) Non-career service in particular is characterized by

(1) entrance on bases other than those of the usual test of merit and fitness utilized for thecareer service;and (2) tenure which is limited to a period specified by law, or which iscoterminous with that of the appointing authority or subject to his pleasure, or which is limitedto the duration of a particular project for which purpose employment was made.

The Non-Career Service shall include:

(1) Elective officials and their personal or confidential staff;

(2) Secretaries and other officials of Cabinet rank who hold their positions at the pleasure ofthe President and their personal or confidential staff(s);

(3) Chairman and members of commissions and boards with fixed terms of office and theirpersonal or confidential staff;

(4) Contractual personnel or those whose employment in the government is inaccordance with a special contract to undertake a specific work or job, requiringspecial or technical skills not available in the employing agency, to be accomplishedwithin a specific period, which in no case shall exceed one year, and performs oraccomplishes the specific work or job, under his own responsibility with a minimumof direction and supervision from the hiring agency;and

(5) Emergency and seasonal personnel.

Lacson vs. Executive Secretary

MAIN ISSUE: Jurisdiction of Sandiganbayan

HELD:

Sec. 4. Jurisdiction The Sandiganbayan shall exercise exclusive original jurisdiction in all casesinvolving:

a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft andCorrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Titile VII, Book II of the Revised

Penal Code, where one or more of the accusedare officials occupying the following positions in thegovernment, whether in a permanent, acting or interim capacity, at the time of the commission of theoffense:

(1) Officials of the executive branch occupying the positions of regional director andhigher, otherwise classified as Grade "27" and higher, of the Compensation andPosition Classification Act of 1989 (Republic Act No. 6758), specifically including:


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(a) Provincial governors, vice-governors, members of the sangguniangpanlalawigan, and provincial treasurers, assessors, engineers, and otherprovincial department heads;

(b) City mayors, vice-mayors, members of the sangguniang panlungsod, citytreasurers, assessors, engineers, and other city department heads;

(c) Officials of the diplomatic service occupying the position of consul andhigher;

(d) Philippine Army and air force colonels, naval captains, and all officers ofhigher rank;

(e) Officers of the Philippines National Police while occupying the positionofprovincial directorand those holding the rank ofsenior superintendent orhigher.

(f) City of provincial prosecutors and their assistants, and officials andprosecutors in the Office of the Ombudsman and special prosecutor;

(g) Presidents, directors or trustees or managers of government-owned orcontrolled corporations, state universities or educational institutions orfoundations;

(2) Members of Congress or officials thereof classified as-Grade "27" and up under theCompensation and Position Classification Act of 1989;

(3) Members of the judiciary without prejudice to the provisions of the Constitution;

(4) Chairman and members of the Constitutional Commissions, without prejudice to theprovisions of the Constitution;

(5) All other national and local officials classified as Grade "27" or higher under the

Compensation and Position Classification Act of 1989.

b. Other offenses or felonies whether simple or complexed with other crimes committed bythe public officials and employees mentioned in Subsection a of this section in relation to theiroffice.

c. Civil and criminal cases filed pursuant to and connection with Executive Orders Nos. 1,2, 14and 14-A, issued in 1986.

In cases where none of the accused are occupying positions corresponding to salary Grade"27" or higher, as prescribed in the said Republic Act 6758, or military and PNP officersmentioned above, exclusive original jurisdiction thereof shall be vested in the proper regionaltrial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as thecase may be, pursuant to their jurisdictions as privided in Batas Pambansa Blg. 129, asamended.

Thus, under said paragraph b, what determines the Sandiganbayan's jurisdiction is the official position

or rank of the offender.

Luciano vs. Provincial Governor

MAIN ISSUE: Reelection cannot absolve a violation in RA 3019


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HELD: The argument that reelection condones previous criminal acts of an elective official punishable

under the anti-graft legislation makes no eminent sense. For if this were so, then, after the reelection

of an official, no crime committed by him prior thereto becomes repressible even if the time marked by

the statute of limitations has not yet run out. Some such notion is patently offensive to the objectives

and the letter of the Anti-Graft and Corrupt Practices Act. We stand the possibility of being confronted

with the stark reality that an official may amass wealth thru graft and corrupt practices and thereafter

use the same to purchase reelection and thereby launder his evil acts.

Meram vs. Edralin

MAIN ISSUE: Purpose of Civil Service Laws

HELD: As may be noted, the general purpose of the Civil Service Law (Republic Act No. 2260) is to

"insure and promote the general mandate requiring appointments only according to merit and fitness,

and to provide within the public service a progressive system of personal administration to insure the

maintenance of an honest and efficient progressive and courteous civil service in the Philippines."

(Section 2, R. A. 2260).

Furthermore, civil service laws are not enacted to penalize anyone. They are designed to eradicate the

system of appointment to public office based on political considerations and to eliminate as far as

practicable the element of partisanshiPand personal favoritism in making appointments. These laws

intend to establish a merit system of fitness and efficiency as the basis of appointment; to secure more

competent employees, and thereby promote better government.

Ignacio vs. CSC

MAIN ISSUE: Security of Tenure of Career Executive Service Officers

HELD: The petitioner was a member of the CES with a rank of CESO V; as such, her security of tenure

pertains only to herrankand not to her officeor her position. The security of tenure of employees in

the career executive service (except first and second-level employees in the civil service), pertains

only to rank and not to the office or to the position to which they may be appointed. Thus, a CESO

may be transferred or reassigned from one position to another without losing his rank which follows

him wherever he is transferred or reassigned. In fact, a CESO suffers no diminution of salary even ifassigned to a CES position with lower salary grade, as the compensation is according to CES rank and

not on the basis of the position or office occupied.

General vs. Roco

MAIN ISSUE: Diminution of Salary

HELD: As clearly set forth in the foregoing provisions, two requisites must concur in order that anemployee in the career executive service may attain security of tenure, to wit:

a) CES eligibility; and

b) Appointment to the appropriate CES rank.

In addition, it must be stressed that the security of tenure of employees in the career executive service

(except first and second-level employees in the civil service), pertains only to rank and not to the office

or to the position to which they may be appointed. Thus, a career executive service officer may be

transferred or reassigned from one position to another without losing his rank which follows him

wherever he is transferred or reassigned. In fact, a CESO suffers no diminution of salary even if

assigned to a CES position with lower salary grade, as he is compensated according to his CES rank

and not on the basis of the position or office he occupies


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Laurel vs. Desierto

MAIN ISSUE: Definition of Public Office and Public officer and elements

HELD: Neither the Constitution nor the Ombudsman Act of 1989, however, defines who public officersare. A definition of public officers cited in jurisprudence is that provided by Mechem, a recognizedauthority on the subject:

A public office is the right, authority and duty, created and conferred by law, by which, for agiven period, either fixed by law or enduring at the pleasure of the creating power, anindividual is invested with some portion of the sovereign functions of the government, to beexercised by him for the benefit of the public. The individual so invested is a public officer.

The characteristics of a public office, according to Mechem, include the delegation of sovereignfunctions, its creation by law and not by contract, an oath, salary, continuance of the position, scope ofduties, and the designation of the position as an office.

Petitioner submits that some of these characteristics are not present in the position of NCC Chair,namely: (1) the delegation of sovereign functions; (2) salary, since he purportedly did not receive anycompensation; and (3) continuance, the tenure of the NCC being temporary.

Mechem describes the delegation to the individual of some of the sovereign functions of governmentas "[t]he most important characteristic" in determining whether a position is a public office or not.

The most important characteristic which distinguishes an office from an employment or

contract is that the creation and conferring of an office involves a delegation to the

individual of some of the sovereign functions of government, to be exercised by him for the

benefit of the public; that some portion of the sovereignty of the country, either

legislative, executive or judicial, attaches, for the time being, to be exercised for the public

benefit. Unless the powers conferred are of this nature, the individual is not a public

officer.

Joseph Estrada vs. Sandiganbayan

MAIN ISSUE: Elements of Plunder

HELD: Sec. 2 plunder law

1) Any public officer who,

2) By himself or in connivance with members of his family, relatives by affinity or consanguinity,

business associates, subordinates or other persons,

3) Amasses, accumulates or acquires ill-gotten wealth through a combination or series of

overt or criminal acts as described in Section 1 (d) hereof,

4) In the aggregate amount or total value of at least fifty million pesos (P50,000,000.00)