EXAM POINTS ON PUBLIC OFFICE/PUB CORPLAW ON PUBLIC OFFICERSPUBLIC OFFICE1.
Definition: right, authority and duty conferred by law; investment of sovereign functions for public benefit 2.
Distinguished from contract 3.
Elements of public office
Basic precept underlying public office
Meaning of principleCASES:1.
LAUREL V. DESIERTO
Delegation of sovereign functions F govt is the most important characteristic to determine WON a position is a public office;national centennial of Philippine independence performs SOVEREIGNfunctions2.
ABAKADA V. PURISIMA-- FIGUEROA V. PEOPLE-- [Figueroa vs. People, 498SCRA 298(2006)]3.
JAVIER V. SANDIGANBAYAN4.
BIRAAGO V. PTCa.
While the power to create a truth commission cannot pass muster onthe basis of P.D. No. 1416 as amended by P.D. No. 1772, the creation of the PTC finds justification under Section 17, Article VII of theConstitution, imposing upon the President the duty to ensure that thelaws are faithfully executed. [Biraogo vs. Philippine TruthCommission of 2010, 637 SCRA 78(2010)]b.
BUT Creation of PTC is unconstitutional for it is violative of equalprotection clause.5.
PICHAY V. OCHOAa.
The abolition of the Presidential Anti-Graft Commission (PAGC) andthe transfer of its functions to a division specially created within theOffice of the Deputy Executive Secretary for Legal Affairs (ODESLA) isproperly within the prerogative of the President under his continuing
“delegated legislative authority to reorganize” his own office pursuant
to E.O. 292; Only Section 31(1) gives the President a virtual freehandin dealing with the internal structure of the Office of the President Proper by allowing him to take actions as extreme as abolition,consolidation or merger of units, apart from the less drastic move of transferring functions and offices from one unit to another. [Pichay, Jr.vs. Office of the Deputy Executive Secretary for Legal Affairs-Investigative and Adjudicatory Division, 677 SCRA 408(2012)]b.
Since both the Presidential Anti-Graft Commission (PAGC) and theOffice of the Deputy Executive Secretary for Legal Affairs (ODESLA)