POLITICAL LAW (L
)REVIEWER & MEMORY AIDA
Louie, Carrie, Evelyn, Thel, Gem, Ronald
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.
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
is an officer of the Government itself, as distinguished from the
of instrumentalities of government.
is distinguished from an
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 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 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