Legally Yours,  Political Law

Del Castillo Case Doctrines (Political Law – Law on Public Officers and Corporations)

Del Castillo Case Doctrines

Summaries of case doctrines penned by Justice Del Castillo.

Political Law Law on Public Officers

Balasbas v. Monayao
G.R. No. 190524, February 17, 2014

Dishonesty, in order to warrant dismissal, need not be committed in the course of the performance of the duty of the public officer, for it inevitably reflects on the fitness of the officer or employee to continue in office and the discipline and morale of the service.

Cabungcal, et. al. v. Lorenzo, et. al.
G.R. No. 160367, December 18, 2009

Section 3, Article IX-B of the Constitution provides that except as otherwise provided by the Constitution or by law, the Civil Service Commission shall have the final authority to pass upon the removal, separation, and suspension of all officers and employees in the civil service. Therefore, it is solely the Civil Service Commission which determines whether an employee’s dismissal or separation from office was carried out in violation of law or without due process.

Capablanca v. Civil Service Commission
G.R. No. 179370, November 18, 2009

Section 28, Rule XIV of the Omnibus Civil Service Rules and Regulations specifically confers upon the CSC the authority to take cognizance over any irregularities or anomalies connected with civil service examinations. Thus, it has jurisdiction over alleged anomalies in the career service professional examinations of PNP personnel.

Department of Health v. Phil. Pharmawealth, Inc.
G.R. No. 182358, February 20, 2013

Public officials may not be sued for acts done in the performance of their official functions or within the scope of their authority. If the judgment against such officials will require the state itself to perform an affirmative act to satisfy the same, the suit must be regarded as against the state and the state may move to dismiss the complaint on the ground that it has been filed without its consent (doctrine of state immunity).

Fajardo v. Office of the Ombudsman
G.R. No. 173268, August 23, 2012

The power of the Ombudsman to determine and impose administrative liability is not merely recommendatory but actually mandatory.

Hadji Hashim Abdul v. Sandiganbayan
G.R. No. 184496, December 2, 2013

The term “fraud” as used in Section 13 of RA 3019 is understood in its general sense, that is, referring to “an instance or an act of trickery or deceit especially when involving misrepresentation”. Thus, falsification of public documents is considered as a fraud upon the government or public funds or property.

Government Service Insurance System v. Manalo
G.R. No. 208979, September 21, 2016

As compared to Simple Neglect of Duty, which is defined as the failure of an employee to give proper attention to a required task or to discharge a duty due to carelessness or indifference, Gross Neglect of Duty is characterized by want of even the slightest care, or by conscious indifference to the consequences, or by flagrant and palpable breach of duty.

On the other hand, in order to differentiate Gross Misconduct from Simple Misconduct, the elements of corruption, clear intent to violate the law, or flagrant disregard of established rule, must be manifest in the former.

Hallasgo v. Commission on Audit
G.R. No. 171340, September 11, 2009

Misconduct generally means wrongful, improper or unlawful conduct motivated by a premeditated, obstinate or intentional purpose. Qualified by the term gross, it is a conduct which is “out of all measure beyond allowance; flagrant; shameful; such conduct as is not to be excused.

Herrera v. National Power Corporation
G.R. No. 166570, December 18, 2009

Section 8 of Article IX(B) of the Constitution provides that no elective or appointive public officer or employee shall receive additional, double, or indirect compensation unless specifically authorized by law. Hence, absent an express provision of law, the grant of both separation and retirement benefits would amount to double compensation from one single act of separation from employment.

Lumayna v. Commission on Audit
G.R. No. 185001; September 25, 2009

Absent a showing of bad faith or malice, public officers are not personally liable for damages resulting from the performance of official duties.

Nazareno v. City of Dumaguete
G.R. No. 181559, October 2, 2009

The Civil Service Commission has the authority to establish rules and regulations to promote efficiency and professionalism in the civil service. Consequently, it has the authority to prevent “midnight” appointments in the Local Government Units.

Office of the Court Administrator v. Abarentos
A.M. No. CA-12-26-P, August 17, 2015

The act of taking the ATM card of an officemate and making an unauthorized withdrawal therefrom do not only constitute grave misconduct but amount to dishonesty as well.

Misconduct has been defined as a transgression of some established and definite rule of action, or unlawful behavior or gross negligence by a public officer.

The misconduct is grave if it involves any of the additional elements of corruption or willful intent to violate the law or to disregard established rules.

Dishonesty, on the other hand, has been defined as a disposition to lie, cheat, deceive or defraud.

PO2 Gabriel v. Sheriff Ramos
A.M. No. P-06-2256, April 10, 2013

All those involved in the administration of justice must at all times conduct themselves with the highest degree of propriety and decorum and take utmost care in avoiding incidents that degrade and diminish the respect and regard for the courts.

Republic v. Atty. Rambuyong
G.R. No. 167810, October 4, 2010

Sanggunian members who are also members of the Bar shall not appear as counsel before any court in any civil case wherein an instrumentality of the government is an adverse party. Section 2 of the Administrative Code of 1987 categorically provides that the term instrumentality includes government-owned or controlled corporations.

Political Law Law on Public Corporations

Municipality of Tiwi v. Betito
G.R. No. 171873, July 9, 2010

It is not ratification but prior authorization of the Sangguniang Bayan which is required before the mayor can enter into a contract on behalf of the municipality or the local government unit.

Republlic v. Daclan
G.R. No. 197115, March 23, 2015

Devolution is the act by which the national government confers power and authority upon the various local government units to perform specific functions and responsibilities. It includes the transfer to local government units of the records, equipment, and other assets and personnel of national agencies and offices corresponding to the devolved powers, functions, and responsibilities.

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