Political and Public International Law › Law on Public Officers › Accountability of Public Officers (RA 6713) › Discipline

a. Grounds

Proof of damage or actual injury

Proof of damage or actual injury is not required for administrative liability to attach to a public officer. It is enough that the act was contrary to the established norms of conduct for government service. However, an employee of GSIS who altered IP addresses without authority, not in the performance of his duties, will not be guilty of grave misconduct but conduct prejudicial to the best interest of service. To constitute misconduct, the act or acts must have a direct relation to and be connected with the performance of official duties. (GSIS v. Mayordomo, G.R. No. 191218, 2011)

Valid grounds/just cause for termination of membership to the tribunal:

  • Expiration of Congressional term of office;
  • Death or permanent disability
  • Resignation from political party which one represents in the tribunal;
  • Removal from office for other valid reasons.

Note: Disloyalty to party and breach of party discipline are not valid grounds for the expulsion of a member of the tribunal [Bondoc v. Pineda, supra].

Grounds:

  • Graft and corruption
  • Other high crimes
  • Treason
  • Betrayal of public trust
  • Bribery
  • Culpable violation of the Constitution

Valid grounds/just cause for termination of membership to the tribunal:

  • Expiration of Congressional term of office;
  • Death or permanent disability;
  • Resignation from political party which one represents in the tribunal;
  • Removal from office for other valid reasons.

Note: Disloyalty to party and breach of party discipline are not valid grounds for the expulsion of a member of the tribunal [Bondoc v. Pineda, supra].

Grounds for Annulment of Book of Voters:

  • Not prepared in accordance with law
  • Prepared through
  • Fraud
  • Forgery
  • Force
  • Intimidation
  • Impersonation
  • Bribery
  • Similar irregularity
  • Contains data that are statistically improbable

Grounds:

  • Commission of any offense involving moral turpitude or an offense punishable by at least prision mayor
  • Application or acquisition of foreign citizenship or residence or the status of an immigrant of another country.
  • Abuse of authority.
  • Unauthorized absence for fifteen (15) consecutive working days; for members of the sangguniang panlalawigan, sangguniang panlungsod, sangguniang bayan, or sangguniang barangay, unauthorized absence from four (4) consecutive sessions.
  • Culpable violation of the constitution
  • Disloyalty to the Republic of the Philippines
  • Dishonesty, oppression, misconduct in office, gross negligence, dereliction of duty.
  • Other grounds as may be provided by the Code or other laws.

If the incident complained of occurred in another barangay over which a barangay official has no authority and jurisdiction, the Supreme Court ruled that he is liable for abuse of authority on the basis that he participated in the unlawful act as a higher authority that gave a semblance of legality over that act and influenced the actions of his co-defendants. Here, petitioner was president of the organization of barangay officials in his municipality and sat as ex-officio member of the Sangguniang Bayan, which has power to review barangay ordinances and authority to discipline barangay officials. (Bien v. Bo, G.R. 179333, 2010).

Authorities

  • Bien v. Bo, G.R. No. 179333, 3 August 2010
  • Bondoc v. Pineda, G.R. No. 97710, 26 September 1991
  • GSIS v. Mayordomo, G.R. No. 191218, 30 May 2011