Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
36Activity
0 of .
Results for:
No results containing your search query
P. 1
Law on Public Officers

Law on Public Officers

Ratings:

4.0

(2)
|Views: 468 |Likes:
Published by vm_neneng2498

More info:

Published by: vm_neneng2498 on Jun 02, 2009
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

11/11/2012

pdf

text

original

 
1
POLITICAL LAW (L
AW
 
ON
P
UBLIC
O
FFICERS
)REVIEWER & MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald 
 
Public Office
is the right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power,an individual is invested with some portion of the sovereign functions of the government,to be exercised by him for the benefit of the public.
Essential elements
1.Created by Constitution or by law or by some body or agency to which the power tocreate the office has been delegated (enabling law)2.Invested with authority to exercise some portion of the sovereign power of the State3.Powers/Functions defined by the enabling law4.Duties are performed independently without control unless those of an inferior 5.Continuing / permanent in nature
DistinctionsPublic Official
is an officer of the Government itself, as distinguished from the
officers
and
employees
of instrumentalities of government.
Officer 
is distinguished from an
employee
in the greater importance, dignity andindependence of his position, being required to take an official oath, and perhaps give anofficial bond and in the liability to be called to account as a public offender for misfeasance or nonfeasance in office.
Eligibility
Eligibility is the state or quality of being legally fitted or qualified to be chosen.Qualification refer to the act which a person, before entering upon the performance of hisduties is by law required to do such as the taking, and often, of subscribing and filing of an official oath, and, in some cases, the giving of an official bond.
Who are required to give an official bond?
Accountable public officers or those to whom are entrusted the collection andcustody of public money, and public ministerial officers whose actions may affect therights and interests of individuals.
Disqualifications
Disqualifications to hold public office are mental or physical incapacity,misconduct or crime, impeachment, removal or suspension from office, previous tenureof office, consecutive terms, holding more than one office, relationship with theappointing power, office newly created or the emoluments of which have beenincreased, being an elective official, having been a candidate for any elective position,and grounds under the local government code.In the absence of constitutional inhibition, Congress has the same right toprovide disqualifications that it has to provide qualifications for office.When the constitution has attached a disqualification to the holding of any office,Congress cannot remove it under the power to prescribe qualifications as to such officesas it may create.Presumption is in favor of eligibility.The qualifications are continuing requirements and must be possessed not onlyat the time of appointment or election or assumption of office but during the officer’sentire tenure. Formal qualifications are : citizenship, age, suffrage, residence, education,ability to read and write, political affiliation, civil service examination
 
2
POLITICAL LAW (L
AW
 
ON
P
UBLIC
O
FFICERS
)REVIEWER & MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald 
 
Appointment
Appointment is the act of designation by the executive officer, board, or body towhom that power has been delegated, of the individual who is to exercise the powersand functions of a given office. It is to be distinguished from the selection or designationby a popular vote.Power to appoint is generally regarded as an executive function. But it is notlimited to the executive department.Power of appointment is
absolute
when the choice of the appointing authority isconclusive. It is
conditional 
where assent or approval by some other officer or body isnecessary to complete the appointment.Acceptance of appointment is not necessary for the completion or validity of appointment. Acceptance may be
express
when it is done verbally or in writing.Acceptance is
implied 
when without formal acceptance, the appointee enters upon theexercise of the duties and functions of an office.The general rule is that an appointment to an office, once made and complete, isnot subject to reconsideration or revocation. The exception is where an officer isremovable at will of the appointing power.Steps in the Appointing Process:
1.
Nomination
 – exclusive prerogative of the President
2.
Confirmation
 – belongs to Congress i.e. Commission on Appointments
3.
Issuance of commission
 – a commission is a written authority from a competentsource given to the officer as his warrant for the exercise of the powers and duties of the office to which he is commissioned.Confirmation on the part of the Civil Service Commission is called “Attestation”.
Designation
Designation is simply the mere imposition of new or additional duties upon anofficer to be performed by him in a special manner. It presupposes that the officer isalready in the service by virtue of an earlier appointment, performing other functions.
Vacancy
There is a vacancy when an office is empty and without a legally qualifiedincumbent appointed or elected to it with a lawful right to exercise its powers andperform its duties. There can be no appointment to a non-vacant position.Causes of vacancy are death, permanent disability, removal from office or resignation of the incumbent. Other causes of vacancy are abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of incompatible office,creation of a new office, reaching the age limit, and recall.
De facto, de jure officer; usurper 
De facto
officer is one who has the reputation of being the officer he assumed tobe and yet is not a good officer in point of law.A
de jure
officer is one who has the lawful right to the office in all respects, butwho has either been ousted from it, or who has never actually taken possession of it.When the officer de jure is also the officer de facto, the lawful title and possession areunited.
Usurper 
is one who takes possession of the office and undertakes to act officiallywithout any color of right or authority, either actual or apparent.
 
3
POLITICAL LAW (L
AW
 
ON
P
UBLIC
O
FFICERS
)REVIEWER & MEMORY AIDA
TENEO
C
ENTRAL
B
AR
O
PERATIONS
2001
Louie, Carrie, Evelyn, Thel, Gem, Ronald 
 
Scope of Power 
Scope of power of a public officer consists of those powers which are expresslyconferred upon him by the law under which he has been appointed or elected; expresslyannexed to the office by the law which created it or some other law referring to it; or attached to the office as incidents to it.
Ministerial power 
is when it is absolute, certain, and imperative involving merelyexecution of a specific duty arising from fixed and designated facts.
Discretionary power 
is when it requires the exercise of reason and discretion indetermining how or whether the act shall be done or the course pursued.
Modes of Termination of Official Relations
Natural Causes
1.Expiration of the term or tenure of office2.Reaching the age limit ( retirement)3.Death or permanent disability
 Acts / Neglect of Officer 
1.Resignation2.Acceptance of an incompatible office3.Abandonment of Office4.Prescription of Right to Office
 Acts of the Government or People
1.Removal2.Impeachment3.Abolition of Office4.Conviction of a crime5.Recall
Preventive Suspension
 
Two Kinds:
1.Preventive Suspension Pending Investigation2.Preventive Suspension Pending AppealThe duration of preventive suspension is coeval with the period prescribed for deciding administrative disciplinary cases. If the case is decided before ninety (90) daysthen the suspension will last less than ninety (90) days, but if the case is not decidedwithin ninety (90) days, then the suspension may not exceed the maximum period of ninety (90) days.
Other important conceptsHold-over 
 – a public officer’s term has expired or his services terminated but heshould continue holding his office until his successor is appointed or chosen and hadqualified.
Nepotism
– all appointments in the national and local governments or anybranch or instrumentality thereof, including government-owned or controlledcorporations, made in favor of a relative of the appointing authority; recommendingauthority; chief of the bureau or office; or person exercising immediate supervision over the appointee are PROHIBITED.Compensation is not indispensable to a public office.The
next-in rank rule
specifically applies only in cases of promotion but it is nota mandatory requirement.

Activity (36)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
Jamile Tabiano liked this
Bob88 liked this
Katrina Mordeno liked this
Mav Ocampo liked this
Mav Opmaco liked this
waws20 liked this
Shiela Padilla liked this
alviealvaro liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->