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Public officers hold a position of public trust and can be held liable for improper discharge of their duties even without a hearing. Administrative offenses by public officers cannot become obsolete over time and disciplinary actions aim to improve public service rather than punish officers. While public officers are presumed to act in good faith, they can be liable for damages if they fail to fulfill specific duties owed to individuals. The document discusses the different types of duties public officers take on and distinguishes their criminal and administrative liabilities.

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Celina Gonzales
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58 views2 pages

Admin - Infographic

Public officers hold a position of public trust and can be held liable for improper discharge of their duties even without a hearing. Administrative offenses by public officers cannot become obsolete over time and disciplinary actions aim to improve public service rather than punish officers. While public officers are presumed to act in good faith, they can be liable for damages if they fail to fulfill specific duties owed to individuals. The document discusses the different types of duties public officers take on and distinguishes their criminal and administrative liabilities.

Uploaded by

Celina Gonzales
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Accountabilities and Liabilities of Public Officers

General Concepts
"Public office is a public trust" Liabilities
Liability may attach to public officers for improper discharge of their
duties. Liability may attach to public officers for improper
This is the underlying principle for relaxation of due process discharge of their duties.
requirements in administrative proceedings. Hence, a public officer This is the underlying principle for relaxation of due
may be held liable even without hearing his side if the evidence process requirements in administrative proceedings.
available against him is sufficient. Hence, a public officer may be held liable even without
[Office of the Court Administrator v. Judge Indar, A.M. No. RTJ-10-2232, April 10, hearing his side if the evidence available against him is
2012] sufficient.
Administrative offenses are imprescriptible, and its objective is not [Office of the Court Administrator v. Judge Indar, A.M. No. RTJ-10-
punishment of the public officers but the improvement of public 2232, April 10, 2012]
service and preservation of the public’s faith and confidence in the Administrative offenses are imprescriptible, and its
government. objective is not punishment of the public officers but the
[Office of the Ombudsman v. de Sahagun, G.R. No. 167982, August 13, 2008] improvement of public service and preservation of the
Public officers are entitled to presumption of good faith in the public’s faith and confidence in the government.
discharge of their official duties because public office is public trust. [Office of the Ombudsman v. de Sahagun, G.R. No. 167982, August
[Mendiola v. People, G.R. No. 89983, March 6, 1992] 13, 2008]
Public officers are entitled to presumption of good faith
Kinds of duties in the discharge of their official duties because public
office is public trust.
Owing to public in general – public officers cannot be held liable for
[Mendiola v. People, G.R. No. 89983, March 6, 1992]
damages [damnum absque injuria – damage without injury]
E.g. The duty of the President to maintain peace and order;
Congress to enact laws; and the Judiciary to try criminals.
Owing to particular individuals – public officers can be held liable
for damages
E.g. A registrar of deeds refuses to annotate a mortgage on a
certificate of title without justifiable reason, and the property is
subsequently sold to a third person who is without knowledge
and cannot be bound to the mortgage. The injured mortgagee
can go after the registrar for damages.

Three-fold liability

Public officers, and their criminal


and administrative liabilities
Definitions and concepts

Distinction of offenses

Geronimo, Go, C.O. Gonzales, G.D. Gonzales, Guevarra | Law on Public


Public employees (Career and Non-Career
Service), and their criminal and
administrative liabilities

Geronimo, Go, C.O. Gonzales, G.D. Gonzales, Guevarra | Law on Public

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