Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 4

Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 4

Preventive Suspension

The proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation if the charge against such officer or employee involves 1) dishonesty, 2) oppression or grave misconduct or 3) neglect in the performance of duty or 4) if there is reason to believe that the respondent is guilty of charges which would warrant his removal from the service.
Not a penalty. Enable authorities to investigate.
If the investigation is not finished and a decision is not rendered within a period of 90 days, the suspension will be lifted and the respondent will automatically be reinstated.
If after investigation, he is innocent of the charges and is exonerated, he should be reinstated.
Preventive suspension can be ordered even without a hearing.
Authority to preventively suspend: exercised concurrently by the Ombudsman
RA 6770: 6 months
Court may validly order the preventive suspension of officer (since removal of office is within the power of the Courts)
Back salary is not warranted when the immediate execution of the order of dismissal is justified.

Appeal

Made within 15 days from receipt of the decision
UNLESS a petition for reconsideration is filed, which shall be decided within 15 days
Petition for Reconsideration – 3 grounds only:

(1) New evidence has been discovered which materially affects the decision

(2) Decision is not supported by evidence on record

(3) Error of law or irregularities have been committed which are prejudicial to the interest f the respondent

From resolution of the CSC, file a petition for certiorari R65 w/in 30 days from receipt of copy of the resolution

Summary Dismissal

Removal of Administrative Penalties or Disabilities

Meritorious cases, upon recommendation of the CSC
President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases
Subject to terms and conditions he may impose in the interest of the service

Abandonment

Voluntary relinquishment of an office by the holder with the intention of terminating his possession and control
Species of resignation
Resignation is formal relinquishment
Abandonment is voluntary relinquishment through non-user
“Non-user” neglect to use a privilege or a right or to exercise an easement or an office
A person holding an office may abandon such office

(1) Non-user

(2) Acquiescence

(1) Temporary disability

(2) Involuntary failure to perform

Public officer vacates office in deference to the requirements of a statute which is afterwards declared unconstitutional, such surrender will not be deemed abandonment.
Mere delay in qualifying for an office is not abandonment
But failure to assume office w/in 6 months fro proclamation, without just or valid cause, shall have the effect of vacating the office.
Automatically separated if he fails to return to the service after the expiration of 1-year leave of absence without pay.
Absent for at least 30 days without approved leave are considered on Absence Without Leave (AWOL) and shall be dropped from the service after due notice.
Granting or approval of leaves – discretionary on the head and depends upon the needs of the service
Failure to make courtesy call to one’s superior is not an offense, much less a ground to terminate employment.