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Puboff Digests#2

Puboff Digests#2

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Published by: Aris Mascenon on Sep 14, 2012
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Ernesto Mascenon Jr.

2008-78654 PubOff Digests #2 Professor Gisella Dizon-Reyes Meeting Date: June 20, 2012 Topic: Purpose and nature (p1-2)

Secretary of DOTC v. Mabalot Facts:    DOTC secretary Jesus B. Garcia issued Memorandum Order No. 96-735 and Dept. Order No. 97-1025 which transferred the regional functions of LTFRB regional office to the DOTC-CAR Regional Office. Roberto Mabalot filed a petition for certiorari and prohibition with prayer for preliminary injunction and/or restraining order. Mabalot argues that a transfer of powers and functions of the LTFRB Regional Office to a DOTC regional office is unconstitutional for being an undue exercise of legislative power. “the transfer of powers and functions, especially those quasi-judicial in nature could only be effected through legislative fiat.”

Issue: WON the two orders by the DOTC secretary were an undue exercise of legislative power? Held: NO.  Public office may be created through any of the following modes, to wit, either by: o The Constitution o By law, statute duly enacted by Congress o By authority of law Congress can delegate the power to create positions. Congress has vested power in the president to reorganize executive agencies and redistribute functions, and particular transfers under such statutes have been held to be within the authority of the president In the instant case, the creation and establishment of LTFRB CAR Regional Office was made pusrusant to the third mode-by authority of law. President issued EO admin order 36 directing the various department heads to create regional offices in CAR. Court cites Larin v. Exec Secretary in upholding the continuing authority of the President to reorganize the national government, which power includes the creation, alteration or abolition of public offices. o Legal basis:  GAA for 1993,1996,1997 that have sections on “organizational changes” and “implementation of reorganization”  Admin code sec 20 Book III “Section 20. Residual Powers. - Unless Congress provides otherwise, the President shall exercise such other powers and functions vested in the President which are provided for under the laws and which are not specifically enumerated above or which are not delegated by the President in accordance with law.” .PD1416, as amended by Presidential Decree No. 1772, reads:  “1. The President of the Philippines shall have continuing authority to reorganize the National Government.”

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department of science and technology.Non-career service in particular is characterized by — (1) entrance on bases other than those of the usual test of merit and fitness utilized for the career service. 2012 Topic: Purpose and nature (p1-2) Preclaro v. (2) tenure which is limited to a period specified by law. The Non-Career Service shall include: (4) Contractual personnel or those whose employment in the government is in accordance with a special contract to undertake a specific work or job. 2(b) indicates that the definition is not restrictive.Ernesto Mascenon Jr. and performs or accomplishes the specific work or job. under his own responsibility with a minimum of direction and supervision from the hiring agency. o He maintains that he is merely a private individual hired by the ITDI in contractual basis for a particular project and for a specified period as evidenced by a contract of services. which in no case shall exceed one year. . The terms "classified. His arguments were: o He was neither elected nor appointed. Preclaro assailed the jurisdiction of the SB in that he was not a public officer. He was the Project manager/consultant of the chemical mineral division.   Definition of a public officer in RA 3019 is not restrictive because the word used is “includes” The word "includes" used in defining a public officer in Sec. or which is limited to the duration of a particular project for which purpose employment was made. Allegedly asked offered to lessen contract price of a DOST building in return for a chunk of the builder’s profits. o Not issued any appointment papers separate from the contract o Not required to use the bundy clock to record his hours of work o Did not take an oath of office Issue: WON Preclaro is a public officer? Held: Yes. On appeal to the SC. to be accomplished within a specific period. Sandiganbayan (1996) Facts:    Preclaro charged and convicted by Sandiganbayan for violating RA 3019 Anti Graft and Corrupt Practices Act. an agency of the DOST. industrial technology development institute. 2008-78654 PubOff Digests #2 Professor Gisella Dizon-Reyes Meeting Date: June 20. Fact that Prelcaro is not required to record his working hours by means of bundy clock or did not take an oath of ficce became unessential considerations in view of the above-mentioned provision of law .        Page 2 of 4 . requiring special or technical skills not available in the employing agency. or which is coterminous with that of the appointing authority or subject to his pleasure. It is quite evident that petitioner falls under the non-career service category (formerly termed the unclassified or exemption service)of the civil service and thus is a public officer as defined by sec 2(b). unclassified or exemption service" were the old categories of positions in the civil service which have been reclassified into Career Service and Non-Career Service by PD 807 providing for the organization of the Civil Service Commission and by the Administrative Code of 1987.

Court adopted Spanish Supreme Court view that for the purposes of punishing bribery. had been allowed in some instances to prepare motions for dismissal of traffic cases.labourer in Bureau of posts temporarily detailed as filer of money orders was a public officer within meaning of article 203 Common sense indicates that the receipt of bribe money is just as pernicious when committed by temporary employees as when committed by permanent officials. by direct provision of the law.  No question that petitioner was a public officer. Who are public officers. popular election or appointment by competent authority. He was appointed as a labourer in charge of issuing summons and subpoenas for traffic violations in a municipal court of Manila He argues that he is not a public officer. o Such was the opinion follower by the CA because accused although originally assigned to the preparation of summons and subpoeans.Ernesto Mascenon Jr. embracing as it does. For the purposes of the RPC it obliterates the standard distinction in law of public officers between “officer” and employee. any person who. Petitioner was temporarily discharging public functions. 2012 Topic: Purpose and nature (p1-2) Maniego v.     Page 3 of 4 . 2008-78654 PubOff Digests #2 Professor Gisella Dizon-Reyes Meeting Date: June 20.   Issue: WON he is a public officer as defined by article 203? Held: YES. of any rank or class. Definition in 203 is quite comprehensive. of shall perform in said Government or in any of its branches public duties as an employee. — For the purpose of applying the provisions of this and the preceding titles of this book. People (1951) Facts:  Maniego was convicted of direct bribery under article 210 of the RPC whose elements are…: o Accused is a public officer within the scope of article 203  Art. shall be deemed to be a public officer. every public servant from the highest to the lowest. the temporary performance of public functions is sufficient to constitute a person a public official. shall take part in the performance of public functions in the Government of the Philippine Islands. 203. agent or subordinate official. Palomo. People v.

Ernesto Mascenon Jr. 15." The executive function. Where a salary or fees is annexed. The salary is a mere incident and forms no part of the office.  NCC The NCC was precisely created to execute the constitution and AO 223 and EO 128  Sec.whether the office expires as soon as the one act is done. scope of duties. His main argument is that he is not a public officer Issue: WON Laurel is a puboff? Held: Yes.At the same time. and is supposed to be accepted merely for the public good..  Furthermore. for. compensation or fees are attached. Laurel was charged with a violation of RA 3019 as a result of several anomalies. salary. Desierto (2002) Facts:    Cory issued AO 223 creating a committee for the national centennial celebration. It is the power of carrying the laws into practical operation and enforcing their due observance. He was set for preliminary investigation with the ombudsman when he filed his MTD. an oath.e. namely: (1) the delegation of sovereign functions. and the designation of the position as an office. or is to be held for years or during good behavior.  The characteristics of a public office. It is not conclusive.24 But it is a public office. -. 2012 Topic: Purpose and nature (p1-2) Laurel v. promote. The executive power "is generally defined as the power to enforce and administer the laws. the tenure of the NCC being temporary o Was the NCC delegated with sovereign functions?  YES. the office of petitioner as NCC Chair may be characterized as an honorary office. Expocorp was also created to implement the centennial celebration. he filed this present petition. as well as artistic creations.2Hence. nonetheless o Temporary tenure. especially in Central Luzon. since he purportedly did not receive any compensation. When it was denied. i. however. "whether there be but one act or a series of acts to be done. C. Arts and letters shall enjoy the patronage of the State. include the delegation of sovereign functions. this element of continuance can not be considered as indispensable. concerns the implementation of the policies as set forth by law. its creation by law and not by contract. (2) salary. Petitioner submits that some of these characteristics are not present in the position of NCC Chair."  Page 4 of 4 . and popularize the nation’s historical and cultural heritage and resources. The State shall conserve. Petitioner himself admitted as much in the oral arguments before this Court o Salary. the NCC was not without a role in the country’s economic development. if the other elements are present "it can make no difference." says Pearson. according to Mechem. 2008-78654 PubOff Digests #2 Professor Gisella Dizon-Reyes Meeting Date: June 20. and (3) continuance.J.A salary is a usual but not a necessary criterion for determining the nature of the position. the office is provided for it is a naked or honorary office. Petitioner Doy Laurel was appointed chairman of the committee and CEO of exocorp. therefore. one to which salary. as opposed to a lucrative office or an office of profit. continuance of the position..

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