6. Rights of Public Officers

Public Office Not a Property Right

It is not a property right but a protected right. It cannot be taken from its incumbent without due process. It is property in the broad sense since the right to hold office includes everything of pecuniary value to its possessor. The right to public office is protected by the right to security of tenure, which is guaranteed by the Constitution. A public office is personal to the public officer and is not transmissible to his heirs upon his death. No heir may be allowed to continue holding his office in his place. (Segovia v. Noel, 47 Phil. 543, 1925)

Security of Tenure in Civil Service Law

The concept of security of tenure in the Civil Service Law is embraced in Section 2(3), Article IX-B. “No officer or employee of the civil service shall be removed or suspended except for cause provided by law.”

Right to Strike of Employees in the Public Sector

To grant employees of the public sector the right to strike, there must be a clear and direct legislative authority therefor. In the absence of any express legislation allowing government employees to strike, recognizing their right to do so, or regulating the exercise of the right, employees in the public service may not engage in strikes, walkouts and temporary work stoppages like workers in the private sector. (Bangalisan v. CA, G.R. No. 124678, July 31, 1997).

Can ex officio members receive per diems?

No, ex officio members of a board are not entitled to per diems. (PEZA v COA, G.R. No. 189767, July 3, 2012)

New York Times Standard – Actual Malice

Public officials/figures must prove that the statement was made with ‘actual malice’ in order to recover damages for a defamatory falsehood relating to his official conduct.

Actual malice means there was knowledge that it was false or with reckless disregard of whether it was false or not. (NY Times v. Sullivan, 376 U.S. 254, 1964).

General Rule: Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown.

Exception: If the defamed is a public figure/official, there is no presumption of malice. Instead, the public official/figure defamed must prove ‘actual malice.’