Pol. Sci 1o5: Public Administration (Finals)

POWER OF ADMINISTRATIVE BODIES:
• Implementation
• Quasi-legislative
• Quasi-judicial
• Investigatory and Inquisitorial
• Determinative
• Ministerial
• Discretionary

INVESTIGATORY and INQUISITORIAL:
INVESTIGATORY
- To inspect premises and secure
-  Require the disclosure by means of accounting the records (particularly the Commission on Audit)
- Also empowered by virtue of ‘’police power’’
-SECURITY & EXCHANGE COMMISSION- secure the availers of loans and inspect companies
-COMMISSION ON HUMAN RIGHTS - issue subpoena; swearing in of witnesses; inspecting premises;


INQUISITORIAL
- ‘’Ability to probe; regulatory power (attachment of the regulatory power)


DETERMINATIVE POWER:


Aspects of Determinative Power:
• ENABLING – given to the administrative bodies who have the power to issue licenses; ab’s that give franchises (eg: LTFRB, NTC)

• DISPENSING – case to case basis; granting of certain exemptions; relaxing of general prohibition;
(eg: tax exemption)

• SUMMARY – apply compulsion or force (with due process) to effectuate a legal purpose (without warrant)
(eg: B.I.R, Customs) – enforce attachment/garnishment procedure (through sheriffs) [delinquent owners, tax payers]

• DIRECTING – granted to those concern with financial matters
(eg. Dept. Of Finance; Bureau of Customs; BIR)

• EXAMINING – examine the facts of situation or cases to find out what action should be taken

MINISTERIAL POWER:
- It does not need the exercise of judgment or opinion of the administrative body
- ‘’it is incumbent on the administrative bodies’ part to do its job...’’
- Entails the exercise of division of the certain officer


DISCRETIONARY POWER:
- do not impose an obligation on a decision-maker to exercise them or to exercise them in a particular manner
- exercised by administrative and legal authorities are permissive, and not binding





COMMENCEMENT AND TERMINATION OF PUBLIC OFFICE
COMMENCEMENT: start of the Public Official to occupy the office
METHODS:

• Election – assumption June 30 of the election year at 12pm (Oath taking)

GENERAL RULE: POSITION-ELECT refer to the proclaimed but not yet officially occupy the office (ex: mayor-elect)

PROTESTS:

POST PROTEST– done after the election or proclamation; rule is like the vice mayor will now become the mayor

PRE-PROCLAMATION PROTEST – rule is the candidate who garnered the SECOND highest vote will be proclaimed the winner (afterwards, it follows the post protest rule)


• Appointment – regular; co-terminus; ad-interim


REGULAR APPOINTMENTS:
- Accordance with the law; acceptance by the appointee
- Tenured with the civil service eligibility (special requirement) ; civil service eligible’s termination is retirement

CO-TERMINUS:
- Staying in the office as long as the appointing power(officer) is there; can be a confidential staff

AD-INTERIM:
- Appointment done while congress is in recess
*MIDNIGHT APPOINTING - when it is done within the non-allowable period of time as provided by the Phil Consti.; 30 days before the national election, no appointment shall be made by the President except when it s a public necessity




DIFFERENCE BETWEEN APPOINTMENT and DESIGNATION according to SUPREME COURT:

Appointment may be defined as the selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office. When completed, usually with its confirmation, the appointment results in security of tenure for the person chosen unless he is replaceable at pleasure because of the nature of his office.
Designation, on the other hand, connotes merely the imposition by law of additional duties on an incumbent official. It is said that appointment is essentially executive while designation is legislative in nature.


TERMINATION OF OFFICIAL RELATIONS:
• Resignation
• Abandonment
• Expiration of term
• Recall (local)
• Impeachment (national)
• Re-organization
• Abolition of offices
• Incompatibility (of office)
• Preventive Suspension (does not end technically) : SUSPENSION – 60 Days [appointed] ; 6 months [elected]
• Retirement


ESSENTIALS CHARACTERISTICS of PUBLIC OFFICE:
• It is a trust by the public or Public Trust
• Not inherited
• Public officer has no vested right or absolute right to the public office
• Public office is not a property of the holder of the office

RESIGNATION on ELECTED (RULES):

GOVERNNOR/V-GOV./MAYOR (HUC): tender his resignation letter to the Office of the President
MUNICIPAL MAYOR/CITY MAYOR: tender to the office of the governor
SANGGUNIAN MEMBER: Sangguanian itself
BARANGAY OFFICIAL: To the municipal or city mayor



S.C.R.A REPORTS:


#1: ARSENIO SALCEDO vs. COURT OF APPEALS
R.A 2260 AN ACT TO AMEND AND REVISE THE LAWS RELATIVE TO PHILIPPINE CIVIL SERVICE – Took effect on June 19, 1959
US CIVIL SERVICE EXAMINATION FO MESSENGER and SKILLED LABORERS – Salcedo took and passed this exam since RA 2260 took effect after his permanent appointment
• Decisions and recommendations of Civil Service with respect to the appointments, removal, separation, and other matters relating to conduct discipline, and efficiency of the employees shall be FINAL.



#2: GONZALES vs CHAVEZ
PD 478 DEFINING THE POWERS AND FUNCTIONS OF THE OFFICE OF THE SOLICITOR GENERAL (SEC.1):
Functions and Organizations. (1) The Office of the Solicitor General shall represent the Government of the Philippines, its agencies and instrumentalities and its officials and agents in any litigation, proceeding, investigation or matter requiring the services of a lawyer. When authorized by the President or head of the office concerned, it shall also represent government-owned or controlled corporations. The Office of the Solicitor General shall constitute the law office of the Government.
E.O 292 ADMINISTRATIVE CODES OF 1987: (Sec 35) Sec. 35. Ethics in Government. - All public officers and employees shall be bound by a Code of Ethics to be promulgated by the Civil Service Commission.
Dec 3, 1990: Chavez withdrew a counsel through pleading entitled ‘’WITHDRAWAL OF APPEARANCE of RESERVATION’’



#3: SEVILLA vs. COURT OF APPEALS
*difference between appointment and designation (NOTED ALREADY)
E.O #17:
*Existence of summary dismissal pursuant to the Sec. 40 of the Civil Service Law
* Existence of a probable cause for violation of anti graft and corruption practices act as determined by the Ministry Head concerned
* Gross incompetence or inefficiency in the discharge of functions
* Misuse of Public office for partisan political purpose
* Any other analogous ground showing that incumbent is unfit to remain in the service



#4: CSC & PAGCOR vs. RAFAEL SALAS
PD 1869 - Exempts PAGCOR (Philippines Amusement Gaming Corp) the provisions of the Civil Service Law and rules.
• Sec. 9: Declare positions in the civil service as may primary confidential highly technical and policy determining.
MERIT SYSTEM PROTECTION BOARD (MSPB) – Salas appeal here on Feb. 17, 1992
• Unit of civil service concerned for the tenure of office
PROXY BETTING: Playing online with proxy



#5: ORTIZ vs. COMELEC and COA
RA 1568: An act to provide life pension to the auditor general and any member of the COMELEC
• Amended by RA 3595
• Re-enacted by RA 6118
COURTESY OF RESIGNATION:
-unintentional
- Properly be interpreted as RESIGNATION in the legal sense for it is not necessarily a reflection to surrender his position rather, it manifest his submission o the WILL OF THE POLITICAL AUTHORITY AND THE APPOINTING POWER.




#6: SALVADOR vs. CA
E.O 192: PROVIDING FOR THE REORGANIZATION OF THE DEPARTMENT OF ENVIRONMENT, ENERGY AND NATURAL RESOURCES, RENAMING IT AS THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, AND FOR OTHER PURPOSES -  resulted the conversion of the position to a co-terminus



#7: GLORIA vs. CA
MIST – Marikina Institute Of Science and Technology
Security of Tenure- fundamental and constitutionally guaranteed features of civil service. The mantle of its protection extends not only to employees removed without cause but also to cases of unconsented transfers’ w/c is tantamount to illegal dismissal.
TEMPORARY TRANSFER is permissible even without the employee’s prior consent, it cannot be when the transfer is preliminary step toward his removal, or is a scheme to lure him away from his permanent position, or designed to indirectly.



#8: BLAQUERA VS. CS
PROCLAMATION NO.3 – Power of authority to reorganize the government by proclamation of executive order
E.O 17: Provides guideline for the implementation of the reorganization. Only those found corrupt, inefficient & undeserving are separated from government services.

EXEMPTION: elective officials or those designated to replace them, presidential appointees, casual and contractual employees, official employee remove pursuant to disciplinary proceedings under the civil law
Ra 6656 – act to protect the security of tenure of civil service officers and employees


EO 192 – PROVIDING FOR THE RERGANIZATION OF THE DEPARTMENT OF ENVIRONMENT, ENERGY and NATURAL RESOURCES renaming it to DEPT. OF ENVIRONMENT AND NATURAL RESOURCES


RA 7078 - AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER THIRTY-ONE, NINETEEN HUNDRED AND NINETY-ONE, AND FOR OTHER PURPOSES


REORGANIZATION MUST BE:
• Done in good faith
• For economy
• Efficiency
• Eradicate graft and corruption
• Security of tenure (civil service eligible)


#9: D.T.I vs. CSC
EO 133: Reorganization of Dept. Of Trade and Industry and its attached agencies and for other purposes
DTI MEMORANDUM CIRCULAR NO. 28: Guidelines for the evaluation and replacement of DTI Personnel.
NACIDA – National Cottage Industry Development Authority
CITC – Cottage Industry Technology Centre
*if the ‘’abolition’’ which is nothing else but a separation or removal is done for political reasons or purposely to defeat security of tenure, or otherwise not in good faith, no valid abolition takes place of whatever abolition is done, is void ab initio (void from the beginning)


EVIDENCE OF BAD FAITH:
• When there is a significant increase in the number of positions in the new staffing pattern of the dept. Of agency concerned
• Where an office is abolished and another performing substantially the same functions is created.
• Where incumbents are replaced by less qualified in terms of status of appointment, performance and merit.
• Where there is a reclassification of officers in the department concerned and the reclassified offices performed substantially the same functions as the original officers


#10: DELA LLANA vs. ALBA
BP 129: An act reorganizing judiciary, appropriating and thereof and other purposes


#11: ESTRADA vs. ARROYO
ELEMENTS OF RESIGNATION:
• There must be an intent to resign
• The validity of resignation is not governed by any formal req. As to form
• Can be written, oral or implied
• The resignation is clear


POLITICAL QUESTION:
Those questions under Constitution are to be decided by the people in their sovereign capacity or in regard to which full discretionary authority has been delegated to or executive branch.
- Concerned with issues dependent upon wisdom, not legality of a particular measure


JUSTICIABLE QUESTION:
 under judiciary. Supreme Court decides on case: constitutional case.



******END OD THE SCRA REPORTS*****





CIVIL SERVICE LAW (PD 807):
Professionalize the whole democracy



CLASSIFICATIONS:
• CAREER POSITIONS – Administrative positions
• NON CAREER POSITIONS


CAREER POSITIONS:
• Passing the civil service eligibility exam (sub prof ; professional)
• Requirements to the position
• Permanency; Security of Tenure
• Competitive examinations

KIND OF CAREER POSITIONS:
• CAREER EXECUTIVE SERVICE POSITION (CESO)

- CLOSE CAREER: Highly technical skills
- OPEN CAREER – Entails discretionary power; chiefs; decision-makers; promotion is based on merit

NON CAREER POSITIONS:
• There is no security of tenure
• Temporary in nature
• Minimum requirement (skills)



CLASSIFICATIONS:
• Emergency personnel – as the needed arise; needed for the meantime
• Contractual – may be 5,6,4 months; no assurance for permanency
• Seasonal – all year round necessity
• Elective – there is an expiration of term

LIABLITY OF A PUBLIC OFFICIALS and SUBORDIINATES
THREE FOLD LIABILITIES:

• CRIMINAL LIABLITY – Imposing fines; imprisonment
• ADMINISTRATIVE  - removing from office (purpose)
• CIVIL LIABILITY – giving indemnification



GENERAL RULE: 
Superior officers are no liable for the ACTS OF SUBORDINATES, EXCEPT:
• When he negligently or wilfully employs or retain UNFIT and INCOMPETENT subordinates
• When he negligently or wilfully FAILS to require his subordinates to CONFORM to prescribe regulations
• When he negligently or carelessly oversees the business of the office as to furnish the subordinates an opportunity to DEFAULT
• When he directed or coordinates wrongful act
• When the law makes him EXPRESSLY LIABLE




SPECIFIC RULES:
I. SUPERIOR OFFICERS:

1. Not CIVILLY LIABLE for the acts done in the performance of official duties, unless, there is clear showing of BAD FAITH, MALICE or GROSS NEGLIGENCE
2. NEGLIGENCE in the performance of his duty within the fixed period provided by the law: *LIABLITY is ob the private individual (if proven) in form of DAMAGES.
3. Not to be CIVILLY LIABLE for the wrongful acts done by the subordinates, unless he has authorized by WRITTEN ORDER the specific act complained of.


II. SUBODINATES:
- They are NOT LIABLE CIVILLY for the acts done in GOOD FAITH, in the performance of their duties
- BUT LIABLE FOR WILLFUL or NEGLGENT ACTS done which are contrary to:

• Public morals * laws
• Public safety * customs

EVEN IF HE ACTED under the ORDERS of his superiors...



*****END OF THE NOTES*****