Q and A

Question 1

What were the grounds for the impeachment of RCC?

Answer 1

• Betrayal of public trust
• Culpable violation of the Constitution
• Graft and corruption

Question 2

What act led to RCC’s removal from office?

Answer 2

Non-declaration of his Statement of Assets, Liabilities, and Net Worth.

Question 3

What happened to the criminal charges against RCC after his death?

Answer 3

All charges were dismissed.

Question 4

Is Mrs. RCC entitled to monetary benefits as heir of her late husband?

Answer 4

No, her contention is not meritorious.

Question 5

What does Section 2, Article XI of the 1987 Constitution pertain to?

Answer 5

Impeachment as a mechanism for accountability of certain public officers.

Question 6

What does Republic Act No. 910 state regarding judiciary members removed by impeachment?

Answer 6

They are disqualified from receiving retirement benefits.

Question 7

What is the derivative nature of Mrs. RCC’s claims?

Answer 7

Her entitlement is based on RCC’s own entitlement, which was forfeited due to impeachment.

Question 8

Does the dismissal of criminal cases against RCC affect the consequences of impeachment?

Answer 8

No, impeachment proceedings are independent of criminal proceedings.

Question 9

What legal action did the Office of the Solicitor General take against Chief Justice MLS?

Answer 9

Filed a quo warranto case for her ineligibility.

Question 10

What was Chief Justice MLS’s argument against the quo warranto petition?

Answer 10

She could only be removed from office by impeachment.

Question 11

Is the argument of Chief Justice MLS meritorious?

Answer 11

No, it is not meritorious.

Question 12

What distinguishes impeachment from quo warranto?

Answer 12

Impeachment addresses acts during the term; quo warranto challenges appointment validity.

Question 13

What is required of members of the Judiciary according to Article VIII, Section 7(3) of the Constitution?

Answer 13

They must possess ‘proven integrity.’

Question 14

What did the Supreme Court rule in Republic v. Sereno regarding quo warranto?

Answer 14

It is a valid means to oust a Chief Justice for lack of integrity.

Question 15

What complaint did DND file against Mayor JJB?

Answer 15

Alleged Grave Misconduct.

Question 16

What doctrine did Mayor JJB invoke to dismiss the administrative case against him?

Answer 16

Condonation doctrine.

Question 17

Is Mayor JJB’s contention regarding the condonation doctrine correct?

Answer 17

No, it is not correct.

Question 18

What did the Supreme Court rule regarding the condonation doctrine?

Answer 18

It has no legal basis and was abandoned.

Question 19

Do administrative cases become moot upon re-election of an official?

Answer 19

No, they do not.

Question 20

What happened when Engr. Julius protested the appointment of Engr. August?

Answer 20

The Civil Service Commission declared Engr. August’s appointment void.

Question 21

What principle did the Civil Service Commission apply in favor of Engr. Julius?

Answer 21

Next-in-rank principle.

Question 22

Is the ruling of the Civil Service Commission valid?

Answer 22

No, it is not valid.

Question 23

What is the discretionary nature of appointments under the Administrative Code?

Answer 23

The appointing authority has the prerogative to select among qualified applicants.

Question 24

Does the next-in-rank principle confer a vested right to a position?

Answer 24

No, it does not.

Question 25

What does the Ombudsman have jurisdiction over?

Answer 25

Investigate any public officer or employee.

Question 26

Can a public officer be investigated even if they do not receive a salary?

Answer 26

Yes, they can be investigated regardless of compensation.

Question 27

Does the Supreme Court support the Ombudsman's authority to investigate public officers?

Answer 27

Yes, as seen in Binay v. Ombudsman.

Question 28

What was the outcome of ABC's quo warranto case against DEF?

Answer 28

ABC was reinstated to his position.

Question 29

What was established about DEF's qualifications?

Answer 29

He submitted a falsified transcript of records.

Question 30

What status did the court grant DEF during his tenure?

Answer 30

De facto officer status.

Question 31

What must DEF do regarding the salaries and benefits received during his tenure?

Answer 31

Account for and return them to ABC.

Question 32

What legal remedy is used to determine the right to hold a public office?

Answer 32

Quo Warranto.

Question 33

What principle protects third parties relying on the actions of public officers?

Answer 33

The principle of accountability for benefits ensures that public officers are held accountable for their actions and maintains stability in administrative operations.

Question 34

What is required from DEF regarding salaries and benefits received during his tenure?

Answer 34

DEF must account for salaries and benefits received during his tenure due to holding office without proper authority.

Question 35

What does Section 7 of RA 6713 prohibit for public officials?

Answer 35

It prohibits public officials from soliciting or accepting loans or anything of monetary value during official duties.

Question 36

True or False: GHI's defense regarding her loan from CABMPCI is tenable.

Answer 36

False

Question 37

What does Section 7(d) of RA 6713 emphasize?

Answer 37

It emphasizes the prevention of conflicts of interest and maintaining the integrity of public service.

Question 38

What was the ruling in the case of Villanueva v. People regarding CDA officials?

Answer 38

The ruling upheld the conviction of a CDA official who solicited loans from a cooperative she regulated.

Question 39

What is the nature of temporary appointments according to the Administrative Code of 1987?

Answer 39

Temporary appointments are issued when no qualified civil service eligibles are available and do not confer permanent status unless all eligibility requirements are met.

Question 40

Fill in the blank: JKL's temporary appointment does not become permanent solely based on his _______.

Answer 40

passing of the Civil Service Examination

Question 41

What must administrative decisions comply with to be valid?

Answer 41

They must comply with due process, providing a clear statement of facts and legal basis.

Question 42

What is a critical factor for a permanent appointment?

Answer 42

The appointee must meet all qualifications, including civil service eligibility, at the time of appointment.

Question 43

What does the lack of detail in MNO's decision imply about its validity?

Answer 43

It suggests that the decision is likely invalid due to the failure to provide a reasoned explanation.

Question 44

What does the Local Government Code of 1991 state about the position of Provincial Administrator?

Answer 44

It states that the position is co-terminus with the appointing authority.

Question 45

True or False: Loss of confidence is a valid ground for dismissing a permanent appointee.

Answer 45

False

Question 46

What grounds must be followed for dismissing permanent employees?

Answer 46

Dismissals must be for causes explicitly enumerated in law, such as grave misconduct, dishonesty, or neglect of duty.

Question 47

What rights do individuals with permanent appointments retain after the enactment of the LGC?

Answer 47

They retain their rights even if their positions are later classified as co-terminus.

Question 48

What must be provided to ensure due process in dismissals?

Answer 48

Notice and an opportunity for a hearing must be provided.

Question 49

What can Ms. Mahusay seek due to the improper nature of her termination?

Answer 49

She can seek reinstatement along with back wages.