Introduction

“Public office is a public trust”. (Section 1, Article XI, 1987 Philippine Constitution). Although this basis concept is already firmly rooted in our system of government and is universally accepted in all democratic governments, a categorical declaration thereof in the Constitution is deemed necessary as it will always serve as a reminder to public offices of “sacred character of their task” and a warning that” violation thereof would be nothing less than a sacrilege”.

Meaning of public office and public officer

A public office is the right, authority and duly created conferred by law by which, for a given period either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government to be exercised by him for the benefit of the public.

The individual so invested is a public officer.

Nature of Public Office

1. A public office is a public trust. (Sec.1 Art.XI, 1987 Philippine Constitution). It is not to be understood as a position of honor, prestige and power but a position of rendering service to the public

2. It is not a property. The holder of the office may not claim vested right in it which may not be disturbed by legislation. Any office (except when created by the Constitution) may

be abolished by law unless the abolition undermines the security of tenure of members of the judiciary (Sec.2, Par.2, Art.VIII, 1987 Philippine Constitution).

3. It is not a contract. Consequently, one has no right to sue the government for the recovery of the damages which he may suffer from his removal from office.

THE NATURE OF BUREAUCRACY

Bureaucracy literally means “rule of the office”. Bureaucracy, as an organization, is a concept introduced by Max Weber around 1910. Weber believed that bureaucracy is established to attain specific goals. It may define as “a pyramid of personnel who conduct nationally the work of a large organization. It is “an organization in which the roles of each actor have been carefully planned in order to maximize efficiently.”

Bureaucracy is a complex organization. It is complex not only because of its large size, but because it is complicated. It has numerous divisions and branches; dozens, or hundreds and thousands of separate roles with complex ties of authority and subordination. It can be a business empire, a huge network of hotels or department stores; it may be a complex of universities, religious organization, like the Catholic church, the Iglesia ni Cristo, the 700 club and mostly government agencies. In the Philippines we usually apply the term bureaucracy to the Civil Service of the Government.

All bureaucracies possess the following major characteristics:

1. Division of labor and specialization. Each division is placed in hands of an expert who is responsible for the accomplishment of the goals of his office.2. Systems of rules and regulations. These rules cover almost all possible situations that may occur. They include hiring and firing personnel, determining job tenure and the recognition of merit efficiency.

3. Hierarchy of authority. Positions are arranged in hierarchy so that its position is placed under the supervision and control of an office higher than the original source so on up the line.4. Formalistic impersonality. Among the different divisions and branches, secondary relationships exist either because of the large number of personnel and difference in their

specialization or goals; or it may be the different offices may be found in various areas or buildings. In a bureaucracy there is a wide distribution of branches in scattered

locations.

5. Chain of command. Each individual worker is responsible to someone in higher position. There is a more rigid adherence to the rules and regulations. In the Philippines government positions are governed by Civil Service rules and regulations.

Features of Philippine Bureaucracy

The following characteristics of Philippine Bureaucracy are:

1. Following Max Weber’s concept, Philippine officials have technical or administrative expertise. They are appointed and promoted according to merit.

2. Recruitment of government is through the civil service where one has to pass an examination or given the corresponding civil service eligibility through exemptions granted through Presidential Decree (i.e. PD. 993) awarding civil service eligibilities to honor

graduates in the undergraduate (A.B. or B.S) provide one’s position is aligned to his/her completed specialized degree and other board examinations.

3. There is administration by rule whereby personnel is committed to impersonal rules that limit their own authority and must be applied to in an even-handed way.

4. Jurisdiction in the area of competence/responsibility is more than a formal chain of command, it is set of coordinated parts, where department are responsible for particular activities that have a continuity of their own.

5. Bureaucratic authority is based on conformity to rules, correct procedures and clearly defined jurisdiction which Weber called as rationally legal in contrast to traditional or charismatic authority.

6. Security of tenure of the government

.

7. Aside from the regular, permanent employees, other workers in the government are classified as follows:

a. Casual – this refers to rank-and–file position of six- month duration, renewable thereafter depending on the need of the position to be filled up. Generally, casuals do not have any civil service eligibilities.

b. Temporary – this refers to positions requiring technical expertise where personnel is hired on a temporary basis with the proviso that the status could be changed to a permanent one upon submission of a civil service eligibility or

such other professional tests as required or upon the vacating of a certain position either thru promotion, resignation, transfer retirement or death.

c. Contractual – this refers to positions requiring highly technical or specialized knowledge. The contract range from one to three years or more, depending on the necessity of the position and the exigency of the job.

Problems in the Philippine BureaucracyThe complexity of task in government or

bureaucratic organizations and its smooth management and administration is heavily dependent on the service of its public servants. The establishment of civil service as the central personnel agency of government ensures that rightful protection to be given to government employees in terms of the recruitment/selection process and corresponding rewards and punishment. Diversity of functions of the bureaucracy, especially with regard to control measures of its personnel has resulted to both positive and negative aspects. Some of the negative aspects or problems of the Philippine bureaucracy are as follows:

1. Red tape – Professor Danilo Reyes, U.P. Institute of Public administration defined it as a term used to describe unreasonable delay in government transactions as caused by either one or a consideration of the following.

a. Weak policy making in program implementation.

b. Technocism or over conformity of officials who essentially pursue ritualistic adherence to established procedural or legal rules.

c. Over-organization, which involves shuffling of papers in to many units with each processing individual regulations or requirements thereby bringing about copious paper work and documentation.

d. Misapplication of rules, policy or procedures.

e. Deliberate attempts by bureaucrats to impose requirements so as to have the opportunity to commit graft and corruption.

2. Nepotism – the practice of hiring relatives and appointing them to certain positions in the government. Nepotism does not become an issue with regards to graft and corruption upon compliance with certain conditions such as, the hiring of relatives on a third degree relationships and appointing them to positions of trust and confidentiality where civil service laws do not apply.

3. Political spoils or patronage system – refers to a system of using public offices or positions to record one’s contribution to total public efforts. Motivation for party work can come only thru issuing job.

4. Graft and Corruption – This has been a rampant practice in the Philippine bureaucracy whether under the dictatorial form of government or that of a democracy. Corruption may be viewed both as a function of the public office or a deviation from the norms of public duty. A person is considered corrupt if he accepts money in the performance of his duty, for which he receives a salary from the government or corruption may be viewed also as the diverse ways of circumventing the law for personal gain.

Corruption as explained by Professors Ledevina Carino and Raul de Guzman, may be individualized when a person deviates from the accepted norm of conduct or it may be systemic when:

“it is regularized and institutionalized that organizations support wrong doing and actually penalize those who conform to the old norms.”

THE NATURE OF GRAFT AND CORRUPTION Corruption is defined as the deviation of

officials from the norm prevalent or what prevails at a given time. It refers to behaviors such as bribery, nepotism, and misappropriation of public resources for private misuse which are not in accord with established rules.

It is the impairment of integrity, virtue or moral principle. It is the acquisition of money, position, or other profit by dishonest or questionable means, as by actual theft or taking advantage of a public office or a position of trust or employment to obtain fees for prerequisites, profit on contracts, or pay for work not done or service not rendered or performed.

Graft is a form of corruption but it is an individual act. It refers to embezzlement or illegal appropriation of public resources (funds or prosperity) by a single official or a group of officials. It does not involve transactions among officials or between officials with clients. Nevertheless, ordinarily we lump them together as graft and corruption.

Graft and corruption are very obvious in large and well developed organizations which are commonly called bureaucracy. A very good example, especially in the Philippines, is our government. Although graft and corruption exist in both private and public institutions, most definitions are centered on public office.

THE EFFECTS OF GRAFT AND CORUPTIONAfter surveying most of the literature of graft

and corruption, Bautista and Nicolas came up with the following summary: The III-effects of Corruption

The Graft and Corruption decreases and respect for allegiance to the government. It counteracts growth of nationalism. It distracts unity in government leadership and endangers political stability.

2. Corruption dislocates national economic planning. It introduces an element of irrationality in plan fulfillment by influencing negatively the actual course of a national development plan.

3. Corruption accentuates already existing inequalities by providing more power and opportunities to those who are already powerful.

4. Corruption causes wasteful dissipation of limited resources by increasing the cost of development because funds are channeled outside the government to private pockets.

5. The cost of corruption is eventually passed on to the public and becomes a form of taxation. Whatever amounts is illegally channeled to private use, the people shoulder the cost because public funds are the people’s money.

The General Causes of Corruption are:

1. Discrepancy between legal norms and cultural (or folk) norms;

2. The inability of developing societies to cope with numerous demands;

3. Low and unrealistic salaries of government officials;

4. Excessive discretionary power of public officials;

5. Bad example set by the leaders;

6. The complex system of justice;

7. Certain groups who are prone to corrupt the officials

Alternative Solutions to the Graft and Corruption in the Philippines

1. Strict implementation of laws, especially Graft and Corruption Practices.2. Genuine and graft-free computerized elections.3. Genuine electoral reforms4. Filing of cases and prosecution of the guilty officials

5. Political will on the institution of genuine measures and reforms for clean, honest and orderly election which can truly represent the will of the people.

6. Increase the National Budget for Social and Health Services and for countryside development.

7. Concrete programs for poverty alleviation.

8. State funded education by strict adherence to the constitutional mandate of giving the highest budgetary allocation to education.

9. Political will to make the educational system more scientific, pro-people, democratic, mass-oriented, and nationalist.10. Streamlining the bureaucracy; avoidance of overlapping and redundancy in bureaucratic functions. 11. Provisions for more employment opportunities with real living wages for the people.12. Creation and implementation of a truly Filipino nationalist ideology.

Ethical Standards in Public Service As provided by the 1987 Philippine Constitution

“Public office is a public trust”. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives”. (Sect.1, Art. XI, 1987 Philippine Constitution).

Accountability to the people

Section 1 enunciated the principle of public accountability. It sets down in unequivocal terms the mandate that all government officials and employees, whether they be the highest in the land or the lowliest public servant, shall at all times be answerable for their misconduct to the people from whom the government derives its power.

The public servant is, in truth and not merely figuratively, the trustee or servant of the people, and as such, he is enjoined to serve his office with the highest degree of the people, and as such, he is enjoined to serve his office with the highest degree of “responsibility, integrity, loyalty, and efficiency; and at “all times be accountable to the people”.

Legality should not be the sole test of official conduct, the act of a public official should not only be legal but moral as well. He should be a role model of honesty, competence and high standards of morality worthy for emulation. To a public official who regards public office as a public trust, poverty with honor is preferable to riches with dishonor.

In the performance of high duties and functions, and even in private life, he must “act with justice” by giving every one his due. He must not practice the so-called “palakasan” system, whereby favored parties are given undue advantage or preference on the basis of personal, political and other extraneous considerations.

Importance of Maintaining Public Trust in Public Officers

It is essential to the general welfare and necessary to the preservation of the government, the public affairs be properly administered: for this reason, every effort must be made to ensure that the men and women elected and appointed to discharge its functions are those imbued with a high sense of public service morality, who consider their positions as sacred trusts and not as means for the attainment of power and wealth.

In the precise words of a great jurist:“ Popular government is a magnificent

three-story building: the basic foundation is the people; the first story is the constitution which is the expression of their sovereignty; the second is the officialdom or a group of caretakers of the edifice; and in the third and highest story is found the altar wherein the zealously kept and guarded the mystic fire which symbolizes the faith of he people.

Collapse of the foundation means destruction of the entire building, collapse of the first story is necessarily the collapse of the second and third stories and the consequent reversion to the architectonic wisdom of the people; collapse of the second story-officialdom-because of the misdeeds or disloyalty, is the demolition of the Faith of the people; and without faith no popular government can ever hope to live and survive”.

Norms of Conduct of Public Officials and Employees – (R.A.6713)

Every public officials and employee shall observe the following as standard of personal conduct in the discharge and execution of official duties:

a. Commitment to Public Interest – Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers and respective offices must be employed and used efficiently, effectively, honestly and economically,

particularly to avoid wastage in public funds and revenues.

b. Professionalism – Public officials and employee shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

c. Justness and Sincerity - Public officials and employee shall remain true to the people at all times. They must with Justness and Sincerity and shall not make discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.

d. Political Neutrality - Public officials and employee shall provide service to

everyone without 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 when required by the public interest, public officials and employee shall provide information on their policies and procedures in clear and understandable language, ensure openness of information public consultations and hearings whenever appropriate, encourage suggestions , simplify and systematize policy, rules and procedures, avoid red tape and develop understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.

f. Nationalism and Patriotism - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally-produced goods, resources and technology and encourage appreciation and pride of country and people. They shall

endeavor to maintain and defend Philippine sovereignty against foreign intrusion.

g. Commitment of Democracy - Public officials and employees shall commit themselves to the democratic 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 all times 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 appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

General Disqualification under the 1987 Philippine Constitution

1. No “lame duck appointment”No candidate who lost in an election

shall, within one year after such election, be appointed to any office in the government (Sec.6, Art.IX – B), except in cases of barangay officials.

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

capacity to any public office or position during his tenure (Sec.7(1),Ar.IX-B)

3. Unless, otherwise allowed by law or by primary functions of his position, no appointive official shall hold any other position in Government. (Sec.7(2),ArtIX-B)

Prohibitions

1. Partisan Political Activity “No officer or employee of the civil service

shall engage, directly or indirectly, in any electioneering or partisan political campaign”. (Sec.2 (4),Art.IX-B)

The Civil Service Law prohibits engaging directly or indirectly in any partisan political activity or taking part in any election except to vote; or use official authority or influence to coerce the political activity of any person or body.

a. Armed Forces “The Armed Forces shall be insulated from

partisan politics. No member of the military shall engage directly or indirectly in any partisan political activity, except to vote (Sec.5 (3), Art.XVI)

b. Exempt from this prohibition are those holding political offices, but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code. (Santos V. Yatco 106 Phil.745)

2. Additional or double competition“No elective or appointive public officer or

employee shall receive additional, double or indirect compensation, unless specifically authorized by law, nor accept without the concept of Congress, any present, emolument, office, or title of any kind from any Foreign government (Sec.8,Art.IX-8)

3. Limitation on laborers Shall not be assigned to perform clerical duties.

4. Details or reassignmentNo detail or reassignment shall be made within

three months before any election without the approval of the COMELEC.

Nepotism

All appointments made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are prohibited.

The prohibition covers all appointment, including designations, in the national, city and municipal governments, or in any branch or instrumentality thereof, including government-owned or controlled corporations. (Laurel V. Civil Service Commission 203 SCRA 195). 

“Relative” is to be understood to mean those related within the third civil degree by consanguinity or affinity. Exempt are persons employed in a confidential capacity; teacher, physicians; and members of the armed forces of the Philippines, provided that in each particular instance full report of such appointment shall be made to the Civil Service Commission.

Administrative Discipline “ No officer or employee in the civil

service shall be removed or suspended except for cause as provided by law and after due process” (Sec. 1, Rule XIV, Executive order 292)

Removal not for just cause or non-compliance with the prescribed procedure constitutes a reversible error, and entitles the office or employee to reinstatement with back salaries and without loss of seniority rights. (Del Castillo v. Civil Services Commission, G. R. No.112513, August 21, 1997)

GROUNDS FOR DISCIPLINARY ACTION:

a. Dishonesty b. Gross neglect of duty c. Grave misconduct d. Being notoriously undesirablee. Conviction of a crime involving moral turpitudef. Falsification of official documentg. Physical or mental incapacity or disability due to vicious habits

h. Engaging directly or indirectly in partisan political activities by one holding non-political office

i. 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 of expectation of receiving a favor or better treatment than that accorded to other persons or committing

acts punishable under the anti-graft laws.

j. Contracting loans of money or other property from persons with whom the office of the employee has business relations

k. Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value which in the course of his official duties or in connection with any operations being regulated by, or any transaction which may be affected by the functions of his office.

L. Disloyalty to the Republic of the Philippines and to the Filipino People m. Nepotismn. Oppressiono. Disgraceful and immoral conductp. Inefficiency and incompetence in the performance of the official dutiesq. Frequent unauthorized absences, loafing or

frequent unauthorized absences from duty during regular office hours

r. Refusal to perform official dutys. Gross Insubordinationt. Conduct grossly prejudicial to the best interest of the serviceu. Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as pecuniary or proprietary interest by which a person will gain or lose something

v. Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nomine in any private enterprise regulated, supervised or licensed by his office, unless expressly allowed by laww. Engaging in the private practice of his profession unless authorized by the Constitution, Law or regulations, provided that such practice will not conflict with his official functions

x. Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interest or given undue advantage to anyone or to prejudice the public interesty. Obtaining or using any statement filled under the Code of Conduct and Ethical Standards for Public Officials and Employees for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the general public.

REQUIREMENTS FOR FILING ADMINISTRATIVE COMPLAINT

Any person may file an administrative complaint with the commission or any of its office. Said complaint shall be in writing and under oath, otherwise, the same shall not be given due course. ( Sec. 2, Rule XIV, Executive Order 292)

No action shall be taken on an anonymous complaint unless there is obvious truth or merit to the allegations set forth in the complaint.(Sec. 3, Rule XIV, Executive Order 292)

In the case of Almonte v. Vasquez 244 SCRA 286, it was held that the fact that the Ombudsman may start an investigation on the basis of an anonymous letter does not violate the equal protection clause.

The respondent must be given by the disciplining authority not less than 72 hours or 3 days to submit his answer to the charges which answer must be in writing and under oath. Supporting sworn statements and documents may also be submitted. If the answer is found satisfactory, the disciplining authority shall dismiss the case.(Sec.36,Rule XIV,Executive Order292) In said answer, the respondent shall indicate whether or not he elects a formal investigation of his case.

Procedure in disciplinary cases

The withdrawal of the complaint does not necessarily discharge the respondent from any administrative liability. Where there is obvious truth or merit of the charges or complaint, the same should be given due course.(Sec. 6, Rule XIV, Executive Order 292)

In the case of Sandoval v. Manalo, 260 SCRA 611, Disciplinary actions against public officers do not involve purely private matters; they are impressed with public interest by virtue of the public character of the public office. The affidavit of desistance of the complaint should, therefore, be disregarded.

Jurisdiction in disciplinary cases

a. Heads of ministries, agencies and instrumentalities, provinces, cities and municipalities have jurisdiction to investigate and decide matters involving disciplinary action against officers and employees under their jurisdiction. Their decision shall be final in case the penalty imposed is suspension of not more than 30 days or fine in an amount not exceeding 30 days salary.

In other cases, the decision shall be initially appealed to the department head and finally o the Civil Service Commission and pending appeal, the same shall be executory except when the penalty is removal, in which case the same shall be executory only after confirmation by the department head. (Sec. 37, P.D. 807)

b. The Civil Service Commission has appellate jurisdiction, but a complaint may be filed directly with the Commission, and the latter may hear and decide the case, or deputize a department or agency to conduct the investigation.

Preventive SuspensionThe 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, oppressions 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.

This is not a penalty. It is a measure intended to enable the disciplining authority to investigate charges against the respondent by preventing the latter from intimidating or in any way influencing witnesses against him.

If the investigation is not finished and a decision is not rendered within a period of 90 days, the suspension will be lifted and the respondent will automatically be reinstated. If, after investigation, respondent is found innocent of the charges and is exonerated, he should be reinstated.

AppealWhen allowable, shall be made within 15

days from receipt of the decision, unless a petition for reconsideration is seasonably filed, which petition shall be decided within 15 days.

a. Petition for reconsideration shall be based only on the following grounds: (i) New evidence has been discovered which materially affects the decision rendered;(ii) The decision is not supported by the evidence on record; or

(iii) Errors of law or irregularities have been committed which are prejudicial to the interest of the respondent.

From the resolution of the Civil Service Commission, petitioner should have filed a petition for certiorari under Rule 65, not Rule 45, of the Rules of Court, Within 30 days from receipt of copy of the resolution as provided under Sc. 7, Art. IX-A of the Constitution [Acena v. Civil Service Commission, 193 SCRA 623].

Removal of Administrative Penalties or Disabilities

In meritorious cases and upon recommendation of the Civil Service Commission, the President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases, subject to such terms and conditions as he may impose in the interest of the service.

Disciplinary measure of Appointive Officials in the local Government Units (Under R.A. 7160 “Local Government Code”

Administrative discipline

Investigation and adjudication of administrative complaints against appointive local officials and employees as well as their suspension and removal shall be in accordance with the civil service law and rules and other pertinent laws

Disciplinary measures of Elective officials in the Local Government Units

(Under R.A. 7160 “Local Government Code”)

1. Discipline (Secs. 60-68, R.A. 7160)a. Grounds for disciplinary action: An elective local official may be disciplined, suspended, or removed from office on any of the following grounds:

1. Disloyalty to the Republic of the Philippines.

2. Culpable violation of the Constitution.

3. Dishonesty, oppression, misconduct in the office, gross negligence or dereliction of duty.

4. Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor.

5. Abuse of authority

6. Unauthorized absence for 15 consecutive working days, except in the case of members of the sangguniang panlalawigan, panlungsod, bayan and barangay.7. Application for or acquisition of, foreign citizenship or residence or the status of an immigrant of another country.8. Such other grounds as may be provided in this code and other laws.

Complaints: A verified complaint against1. Provincial, highly urbanized city or independent component city elective officials, shall be filed before the Office of the Presidenta. Under administrative Order No. 23, the President has delegated the power to investigate complaints to the Secretary of Interior and Local Government. This is valid delegation because what is delegated is only the power to investigate, not the power to discipline. Besides, the power of the Secretary of the Interior and Local Government to investigate is based on the alter ego principle. [Joson v. Torres, 290 SCRA 297]

b. Elective municipal officials, shall be filed before the sangguniang panlalawigan, whose decision may be appealed to the Office of the President.c. The decision of the sangguniang panlalwigan in administrative cases involving elective local officials must be in writing stating clearly and distinctly the facts and the reasons for the decision and must be signed by

the requisites majority of the sanggunian [Malinao v. Reyes, 256 SCRA 616). d. Elective barangay officials, shall be filed before the sangguniang panlungsod or sangguniang bayan concerned, whose decision shall be final and executory.

c. Preventive suspension may be imposed by the President, the governor, or the mayor [as the case may be] at any time after the issues are joined. When the evidence of guilt is strong, and given the gravity of the offense, there is great probability that the continuance in office of the respondent could influence the witnesses or pose threat to the safety and integrity of he records and other evidence; provided that any single preventive suspension shall not extend beyond 60 days, and in the event several administrative cases are filed against the respondent, he cannot be

suspended for more than 90 days within a single year on the same ground or grounds existing and known a the time of the first suspension.

The authority to preventively suspended is exercised concurrently by the Ombudsman, pursuant to R.A. 6770; the same law authorizes a preventive suspension of six months [ Hagad v. Gozo-Dadole, G.R. No. 108072, December 12, 1995]. Upon expiration of the preventive suspension, the respondent shall be deemed reinstated in office without prejudice to the continuation of the proceedings against him, which shall be terminated within 120 days from the time he was formally notified of the case against him.

d. Penalty: The penalty of suspension imposed upon the respondent shall not exceed his unexpired term, or a period of 6 months for every administrative offense, nor shall said penalty be a bar to the candidacy of the respondent as long as meets the qualifications required for the

office.e. Administrative Appeal: Decisions may, within 30 days from receipt thereof, be appealed to :

1. The sannguniang panlalawigan, in the case of decisions of component cities’ sangguniang panlungsod and the sangguniang bayan.

2. The Office of the President, in the case of decisions of the sangguniang panlalawigan and the sangguniang panlungsod of highly urbanized cities and independent component cities. Decision of the Office President shall be final and executory.

f. Effects of reelection. The reelection of a local official bars the continuation of the administrative case against him, in as much as the re-election of the official is tantamount to condonation by the people of whatever past misdeeds he may have committed [Malinao v. Reyes, 255 SCRA 616; Salalima v. Guingona, 257

SCRA 55].

 EVERYONE IN GOVERNMENT MUST DO HIS JOB

Let me say that the importance of the work that a man is doing is not to be measured by the importance of the position that he is holding. The credit that a man should receive from the work that he is doing is not to be measured by the position that he is occupying.

…Every official of the government, even the most modest, has a job to perform and is as much in duty bound to perform that job well as those occupying higher positions. In our effort to give the people the best government that there is, we have to have everybody do his job, including the clerk, the policeman – everybody in the service. Every one of them should do his best because a government cannot be a government of higher officials only.  

(Pres. M. L. Quezon May 2, FCQ)

REFERENCES Ayson, Florentino G., Reyes Dolores A. (2000) “Fundamentals in Political Science”National Bookstore, Mandaluyong City.

Bautista, Victotria A., Alfiter Ma. Conception P. (2003), “National College of Public Administration and Governance” NJP Printmakers Inc. University of the Philippines, Quezon City.

Centeno, Ma. Luz, J, San Juan, Wilfredo R. (2007) “Sociology, Culture and Family Planning”,Unlad Publishing House, Pasig City.  

De Leon, Hector S., (2005) “Textbook on the Philippine Constitution”,Rex Printing Company, Quezon City.

Fiscal Administration Foundation Inc., (2003) “Readings on Ethics in Public Office”,Philippine School of Business Administration, Mandaluyong City.

Nachura, Antonio B., (2006) “Outline Reviewer in Political Law”, VJ Graphic Arts, Inc; Quezon City.

Salcedo, Lucila L., Peralta, Ana Maria R, (2002), “Contemporary Social Problems”,

Katha Publishing Co. Inc.Related Laws1987 Philippine Constitution Executive Order 292 “1987 Administrative Code

of the Philippines”R.A. No.6713, as amended “Code of Conduct

and EthicalStandards for Public Officials and Employees”

R.A. No.7160, “Local Government Code of 1991”

THANK YOU VERY MUCH…… THANK YOU VERY MUCH…… GODBLESS……GODBLESS……