POLITICAL LAW AND PUBLIC INTERNATIONAL LAW

VIII. LAW ON PUBLIC OFFICERS

K. Termination of Official Relation

The termination of an official relation pertains to the end of an individual's tenure as a public officer, whether through voluntary, involuntary, or automatic means. Termination of an official relation in the Philippines is governed by constitutional provisions, statutes, jurisprudence, and administrative guidelines. Below are the various forms of termination of official relation, accompanied by relevant legal principles:

1. Expiration of Term or Tenure

The term or tenure of a public officer ends when the prescribed period of service elapses. There is a distinction between "term" and "tenure":

Term refers to the fixed period during which the public officer is authorized to hold office.
Tenure refers to the duration of time an officer actually holds office.

If a public officer has a fixed term by law, their term expires automatically at the end of the period unless otherwise provided by law, such as the “holdover” doctrine where an officer can remain in office until a successor is duly qualified and appointed.

Examples:

Presidential term is six years (Sec. 4, Art. VII, Constitution), without re-election.
Members of Congress have fixed terms: Senators (6 years), and Representatives (3 years) (Sec. 4, Art. VI, Constitution).

2. Resignation

Resignation is the voluntary relinquishment of office by the public officer. For a resignation to be effective, it must be:

Written and formal (required under most laws and guidelines).
Accepted by the appropriate authority, unless a law provides that resignation becomes effective without need for acceptance. The Supreme Court held that a resignation is not effective unless it is formally accepted by the authority vested with the power of appointment (Pichay v. Office of the Deputy Executive Secretary, G.R. No. 210289, 2014).

3. Dismissal or Removal from Office

This refers to the involuntary termination of an official's tenure due to misconduct or incapacity. Dismissal or removal may be:

Administrative: Due to administrative cases like dishonesty, gross misconduct, neglect of duty, or other violations of the civil service rules.
Judicial: Through a court proceeding, such as impeachment or conviction for a crime involving moral turpitude.

In administrative proceedings, removal or dismissal may be imposed as a disciplinary penalty, with due process guaranteed to public officers under the Civil Service Law and jurisprudence (CSC Resolution No. 991936).

Examples of removal processes include:

Impeachment: This applies to high-ranking officials such as the President, Justices of the Supreme Court, and Ombudsman, and requires conviction by the Senate (Art. XI, Sec. 3, Constitution).
Conviction of a crime involving moral turpitude or imprisonment for at least 6 years automatically disqualifies the individual from public office (Art. IX-B, Sec. 12, Constitution).

4. Abandonment

Abandonment is the voluntary act of a public officer in surrendering the office by non-performance of duties for an unreasonable period, coupled with intent to relinquish the office permanently. Mere absence or failure to discharge the duties of the office, without any intent to relinquish the office, is not abandonment.

Legal requirements for abandonment include:

Failure to perform duties: There must be deliberate refusal or neglect to discharge the duties of the office.
Intent to relinquish: There must be an intention to relinquish the office permanently.

Abandonment results in the automatic forfeiture of office. An example might be a public officer who leaves the country without leave for an extended period, fails to return to work, and shows no intention of resuming office.

5. Recall

Recall is a process by which a local elective official may be removed from office by the registered voters of the local government unit concerned before the end of the official’s term. It is provided under the Local Government Code of 1991 (Republic Act No. 7160).

Grounds for recall include:

Loss of confidence by the electorate.

The process involves:

A petition for recall initiated either by the electorate or a preparatory recall assembly.
A subsequent election where the official concerned may be voted out.

6. Death

The death of a public officer automatically terminates his official relation. When the public officer passes away, their position becomes vacant and is subject to the rules on succession or appointment, depending on the nature of the office. For example, in the case of the death of a Congressman, a special election is held to fill the vacancy (Sec. 9, Art. VI, Constitution).

7. Permanent Disability or Incapacity

Permanent disability or incapacity refers to a physical or mental condition that prevents the public officer from discharging their duties. This form of termination may be established through:

A medical determination of the disability.
A finding by a competent authority or court.

If the permanent disability is recognized by law, the officer's official relation terminates, and the position is declared vacant.

Example:

The President of the Philippines may be removed from office if the Cabinet declares a permanent inability to discharge the powers of the presidency, subject to confirmation by Congress (Sec. 11, Art. VII, Constitution).

8. Retirement

Retirement is a voluntary or compulsory termination of official relation based on the attainment of a specific age, length of service, or other qualifying conditions under retirement laws.

In the Philippines, there are various retirement systems for public officers, such as:

Government Service Insurance System (GSIS) retirement laws.
Special retirement laws for members of the judiciary, police, military, and other sectors.

For example:

Under Republic Act No. 8291 (GSIS Law), public officers can retire at age 60 if they have rendered at least 15 years of service. Compulsory retirement is at age 65.

9. Impeachment

Impeachment is the process by which certain high-ranking government officials are removed from office for serious offenses such as culpable violation of the Constitution, treason, bribery, graft and corruption, and other high crimes. The process is initiated by the House of Representatives and the Senate sits as the impeachment court.

Article XI, Section 2 of the Constitution specifies the officers subject to impeachment: the President, Vice President, Members of the Supreme Court, Members of Constitutional Commissions, and the Ombudsman.

Impeachment is a political process and a form of termination reserved for serious offenses, with a strict procedural mechanism outlined in the Constitution.

10. Forfeiture

Forfeiture refers to the automatic loss of an officer’s position due to the violation of certain laws or conditions. For example:

Public officers may forfeit their position for engaging in prohibited acts such as dual citizenship under Republic Act No. 9225.
Violation of the prohibition on nepotism or conflict of interest could also lead to forfeiture.

11. Other Modes under Special Laws

Various special laws provide other means of terminating official relation, including:

Anti-Graft and Corrupt Practices Act (Republic Act No. 3019): Conviction results in disqualification from public office.
Code of Conduct and Ethical Standards for Public Officials and Employees (Republic Act No. 6713): Non-compliance may result in removal or disqualification.

Special rules also apply to certain offices and officers. For example, judges can be removed through proceedings before the Judicial and Bar Council (JBC), and civil service employees have distinct administrative procedures under the Civil Service Commission (CSC).

Summary: The termination of official relations for public officers in the Philippines can occur through various mechanisms, such as expiration of the term, resignation, dismissal, abandonment, recall, death, permanent disability, retirement, impeachment, forfeiture, and specific provisions under special laws. Each of these processes has its own legal framework and implications, ensuring that the termination is either voluntary, based on legal mandate, or as a result of disciplinary action or incapacity.