Sunday, April 22, 2012

Misconduct must have direct relation to performance of official duties. - A.M. No. P-09-2686

A.M. No. P-09-2686

"x x x.


In resolving this question, a review of the Court’s disposition in the case of Largo v. CA is instructional. In that case, it was explained that an administrative offense constitutes ‘misconduct’ when it has direct relation to, and is connected with, the performance of the official duties of the one charged.

‘x x x. By uniform legal definition, it is a misconduct such as affects his performance of his duties as an officer and not such only as affects his character as a private individual. In such cases, it has been said at all times, it is necessary to separate the character of the man from the character of the officer, x x x. It is settled that misconduct, misfeasance, or malfeasance warranting removal from office of an officer must have direct relation to and be connected with the performance of official duties amounting either to maladministration or willful, intentional neglect and failure to discharge the duties of the office, x x x.’

Thus, misconduct refers to a transgression of an established and definite rule of action, more specifically, some unlawful behavior or gross negligence by the public officer charged.
 x x x."