Under REVISED PENAL CODE (Art 31 to 44) – As Accessory Penaltes Art. 41. Reclusion perpetua and reclusion temporal —shall carry with them that of civil

interdiction for life or during the period of the sentence as the case may be, and that of

perpetual absolute disqualification which the offender shall suffer even though

pardoned as to the principal penalty, unless the same shall have been expressly

remitted in the pardon.

 

 Art. 42. rision mayor — shall carry with it that of temporary absolute

disqualification and that of perpetual special disqualification from the right of

suffrage which the offender shall suffer although pardoned as to the principal penalty,

unless the same shall have been expressly remitted in the pardon.

 

 Art. 4!. rision correccional — shall carry with it that of suspension from public

office, from the right to follow a profession or calling, and that of perpetual special

disqualification from the right of suffrage, if the duration of said imprisonment shall

e!ceed e"#teen $ont#s. The offender shall suffer the disqualification provided in

the article although pardoned as to the principal penalty, unless the same shall

have been expressly remitted in the pardon.

 Art. 44. Arresto —shall carry with it that of suspension of the right too hold office  and

the right of suffrage during the term of the sentence.

"or the exercise of the right of suffrage

1. #eprivation of the right to vote or to be elected in an office.

2. $annot hold any public office during the period of dis%ualification.

 "or public office, right to follow profession, or calling

1. #eprivation of the office, employment, profession or calling affected

2. #is%ualification for holding similar offices or employment during the period of

dis%ualification

"or $ivil &nterdiction #eprivation of the following rights'

1. arental rights

2. (uardianship over the ward

!. )artial authority

4. Right to manage property and to dispose of the same by acts inter vivos

 

%&E 1' CONS%I%U%ION O* %&E REPU+LIC O* %&EP&ILIPPINES AR%ICLE ,I ACCOUN%A+ILI%- O*PU+LIC O**ICERS *ection 2. +he resident, the ice-resident, the )embers of the *upreme $ourt, the)embers of the $onstitutional $ommissions, and the mbudsman may be removedfrom office on impeachment for, and conviction of, culpable violation of theConstitution, treason, bribery, graft and corruption, other high crimes, or betrayalof public trust. All other public officers and employees may be removed from office asprovided by law, but not by impeachment.

Culpable violation of the constitution: "or purposes of impeachment,/culpable violation of the $onstitution/ is defined as /the deliberate and wrongfulbreach of the $onstitution./ "urther, /iolation of the $onstitution madeunintentionally, in good faith, and mere mista0es in the proper construction of the$onstitution, do not constitute an impeachable offense./

Treason: According to the Revised enal $ode, treason is defined as /Any"ilipino citien who levies war against the hilippines or adheres to her enemies,giving them aid or comfort within the hilippines or elsewhere./

Bribery – The evised !enal Code defines bribery in two forms:#irect bribery is /committed by any public officer who shall agree to perform anact constituting a crime, in connection with the performance of this official duties,in consideration of any offer, promise, gift or present received by such officer,personally or through the mediation of another./

&ndirect bribery is /committed by a public officer when he accept gifts offered tohim by reason of his office./

"raft and corruption: Any violation of the Republic Act o. !31, or the Anti-(raft and $orrupt ractices Act is an impeachable offense.

#ther high crimes or betrayal of public trust: &n "rancisco 5r. vs.agmamalasa0it na mga )anananggol ng mga )anggagawang ilipino, &nc.,the *upreme $ourt purposely refused to define the meaning of /other high crimesor betrayal of public trust,/ saying that it is /a non-6usticiable political %uestionwhich is beyond the scope of its 6udicial power./ 7owever, the $ourt refuses toname which agency can define it8 the $ourt impliedly gives the power to the7ouse of Representatives, which initiates all cases of impeachment. 9etrayal ofublic +rust, on the other hand, is a new ground for impeachment, which covers/any violation of the oath of office involving loss of popular support even if theviolation may not amount to a punishable offense./  

 

Disqualifications under the Local Government Code:(Section 40, LGC)+he following persons are dis%ualified from running for any elective local position

1. +hose sentenced by final 6udgment for an offense involving moral turpitude or for anoffense punishable by one year or more of imprisonment, within two :2; years afterserving sentence8

$ari v. %lores, &' (C) *+, *-*, is one case that has provided 6urisprudenceits own list of crimes involving moral turpitude, namely' adultery, concubinage, rape,arson, evasion of income tax, barratry, bigamy, blac0mail, bribery, criminal conspiracyto smuggle opium, dueling, embelement, extortion, forgery, libel, ma0ing fraudulentproof of loss on insurance contract, murder, mutilation of public records, fabrication ofevidence, offenses against pension laws, per6ury, seduction under the promise ofmarriage, estafa, falsification of public document, and estafa thru falsification of publicdocument.

2. +hose removed from office as a result of an administrative case8/0")T/0" 1(. C#233C, ".. 0o. +4*'4. 0ovember +*, -55-, <ingating

was dis%ualified from running an office in the )ay 12 elections for violating variousoffences. +he resolution rendered by $omelec became final. =hile it is true that one ofthe dis%ualifications from running in an elective position is removal from office as aresult of an administrative case, said provision no longer applies if the candidate whose%ualification is %uestioned got re-elected to another term. +he re-election of respondent*ulong in the 12 and 1> elections would be tantamount to a condonation of the*angguniang anlalawigan decision promulgated 34 "ebruary 12 which found himguilty of dishonesty, malversation of public funds etc., granting said decision hasbecome final and executory.

!. +hose convicted by final 6udgment for violating the oath of allegiance to theRepublic8

4. +hose with dual citienship8Caasi vs. C#233C, +&+ (C) --& , to be %ualified to run for elective office,

the law re%uires that the candidate who is a green card holder must have waived hisstatus as a permanent resident or immigrant of a foreign country. +he waiver should bemanifested by some act or acts independent of and done prior to filing his certificate ofcandidacy for elective office. +he reason is that residence in the municipality where heintends to run for elective office which is at least one :1; year at the time of the filing ofhis certificate of candidacy, is one of the %ualifications that a candidate must possess.+he mere filing of his $$ for elective office in the country is not sufficient. +he electionof a candidate who is a green card holder or who has not validly waived his status as agreen card holder is null and void.

>. "ugitive from 6ustice in criminal or non-political cases here or abroad8

 

odrigue6 vs. C#233C, -4& (C) -&7, the term ?fugitive from 6ustice@includes not only those who flee after conviction to avoid punishment but li0ewise thosewho, after being charged in the hilippines or abroad, flee to avoid prosecution. &ntent toevade on the part of a candidate must be established by proof that there has alreadybeen a conviction or at least, a charge has already been filed, at the time of flight. 7e isnot a fugitive from 6ustice when, at the time of departure from abroad to the hilippines,there is yet no complaint filed against him abroad. &n this case, it was established thatthe case was filed against Rodrigue five :>; months after he had returned to thehilippines. =hat is controlling is the intent to evade the $alifornia court.

. ermanent residents in a foreign country or those who have ac%uired the right toreside abroad and continue to avail of the same right after the effectivity of this$ode8

B. +he insane or feeble-minded.

UNDER RA .13

(ection . Prohibited Acts and Transactions. - &n addition to acts and omissions of public officials andemployees now prescribed in the $onstitution and existing laws, the following shall constitute prohibitedacts and transactions of any public official and employee and are hereby declared to be unlawful'

:a; "inancial and material interest. - ublic officials and employees shall not, directly or indirectly,have any financial or material interest in any transaction re%uiring the approval of their office.

:b; utside employment and other activities related thereto. - ublic officials and employeesduring their incumbency shall not'

:1; wn, control, manage or accept employment as officer, employee, consultant,counsel, bro0er, agent, trustee or nominee in any private enterprise regulated, supervisedor licensed by their office unless expressly allowed by law8

:2; Cngage in the private practice of their profession unless authoried by the$onstitution or law, provided, that such practice will not conflict or tend to conflict withtheir official functions8 or 

:!; Recommend any person to any position in a private enterprise which has a regular orpending official transaction with their office.

+hese prohibitions shall continue to apply for a period of one :1; year after resignation,retirement, or separation from public office, except in the case of subparagraph :b; :2; above, butthe professional concerned cannot practice his profession in connection with any matter beforethe office he used to be with, in which case the one-year prohibition shall li0ewise apply.

 

:c; #isclosure andDor misuse of confidential information. - ublic officials and employees shall notuse or divulge, confidential or classified information officially 0nown to them by reason of theiroffice and not made available to the public, either'

:1; +o further their private interests, or give undue advantage to anyone8 or 

:2; +o pre6udice the public interest.

:d; *olicitation or acceptance of gifts. - ublic officials and employees shall not solicit or accept,directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary valuefrom any person in the course of their official duties or in connection with any operation beingregulated by, or any transaction which may be affected by the functions of their office.

 As to gifts or grants from foreign governments, the $ongress consents to'

:i; +he acceptance and retention by a public official or employee of a gift of nominal valuetendered and received as a souvenir or mar0 of courtesy8

:ii; +he acceptance by a public official or employee of a gift in the nature of a scholarshipor fellowship grant or medical treatment8 or 

:iii; +he acceptance by a public official or employee of travel grants or expenses for travelta0ing place entirely outside the hilippine :such as allowances, transportation, food, andlodging; of more than nominal value if such acceptance is appropriate or consistent withthe interests of the hilippines, and permitted by the head of office, branch or agency towhich he belongs.

+he mbudsman shall prescribe such regulations as may be necessary to carry out the purposeof this subsection, including pertinent reporting and disclosure re%uirements.

othing in this Act shall be construed to restrict or prohibit any educational, scientific or culturalexchange programs sub6ect to national security re%uirements.