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Tomes oF Css ‘Wooden v. Civil Service Commission, 471 SCRABI2 crn Wright v. Adams, 45 Tex 134, Yabut_v. Office of the Ombudsman, 233 ‘SCRA 10... a 138 ‘Yee v. Director of Public Schools, 7 SCRA 46 ‘Young v. Mapayo, 332 SCRA 289 vor7 Zandueta v. De la Costa, 65 Phill. 615 ne 96, 904 —10— Chapter 1 ‘THE CONCEPT OF THE PUBLIC OFFICE ‘THE LAW OF PUBLIC OFFICERS deals with public office, ts ‘realign modiieation> 3 well as the eligibility of public offers, the manner of their election or appointment and assumption of of- fice, their rights, duties, pawers, inbibitions and ac bites, and the modes of terminating their oficial relations.” ‘This law is found primarily in the Constitution, ‘and notably in the Civil Service Decree, the Adminis” trative Code of 1967," and in various special laws, luke the Local Government Code of 1991." Included in us dicing ore certan common iw princi, like prescription and estoppel. provisions of Rules of Court, such as those on sults for quo war ranto' and pertinent judicial proceedings. Definition A public office is the right, authority and duty, created and conferred by lav, by which for a given period, either fixed by law or enduring at the pleas- lure of the creating power, an individual ts invested with some portion of the sovereign functions of the reid! Decree No. 807. Etecative Order No. 202 2 Republic Act No. 7160, * Rate of Court Re 8. cerns 2 ‘we Law oF Pe Orrcens state to be exercised by him for the benet of the body polite. Te indidual so invested is a publ otieer™ ‘As thus deine, the pubic oftce difers from pubile employments thatthe later doesnot involve Ihe exereise of some portion of the sovereign Kane tons of the state. A government cer oF pis, for ‘example. is only an employee and not an ofcer. ‘A public oft difers in material particulars from a public employment, for “although an office 18 am employment drs tlw tat ey em oyment ts ab offes. rman may certainly be ei ployed under‘ contrat, expres or implied. Pet Ferm a service without becotng an offexe. ‘According to Judge Cooley, “the ofler Is distin guished. fom the employee in the greater tmpor- fence, dignity and independence of ts postion in being required to take an ofetal at aid perhaps to pve a oli ond: in te ably tobe called (0 account asa public offender fr misfeasance oF Non feasance in offer, and usualy, though Not necessar- iyrin the tene of his postion Officer, as distinguished from clerk or employee, refers lo a person whose dudes, ot being of a cle cal or manual nature, involves the exercise of discre tion in the performance of the functions of the gov- ernment. When used with reference to @ person hhaving authority to do a particular act or perform a particular function in the exereise of a governmental Dower, “officer” includes any government employee. * Meche, A Tete on dhe Law of Pble Offices ant Of ‘ar, hopes I Secon Ts Penance St, otmaa, 242 SCRA ie. * atachem, Chapier 1. Sexton 2, cling United States v Maurie, Bros USEC) 96. "Sfarop Lain. 40 Mich, 679,682 ‘Tis Covoesr or re Pamue Orme 3 ‘agent or body having authority to do the act or exer cise that function” / The most important characteristic which distin- uishes an office from an employment or contracts ‘that the ereation and conferring of an allie involves 8 delegation to the individual of some of the sover- ign functions of government, to be exercised by him for the benefit of the public; that some portion of the sovereignty of the country, ether legislative, execu: Live or Judicial, attaches, for the Ume being, to be exercised for the public benefit, Unless the powers conferred are of thls nature, the individual i not a public alleen” Where an individual works under a public con- tract, his relations with the government are usually determined by the stipulations In the agreement and ‘not by the law of public officers, In other words, sate Individual Is likewise not a public officer. Uniler the Revised Penal Code," however, for purposes of applying the provisions thereof, any per ‘son who, by direct proviston of the law. popular elec- {lon or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform in said Government or in any ofits branches ublic duties as an employee, agent or subordinate offical, of any rank or class, shall be deemed to be & ‘public officer A private individual hiced on a contractual basis as a project manager for a gavemment undertaking 18 a public officer for purposes of the provistons of Soe Section 2114 of £0 202 \SMechem, Section 4 “has Law or Puouc Orcas the Ant-Graft and Corrupt Practices Act (RA 9019}, Thus— “rene mina he eto fe he wa Aen cc nt tly ae se Shit a pn 20a eee Sopra aceamanin atin an SS ray mee eer wae omen Son Spy cays oe sonal ee iy mics ee one an pe ee tlre, Te Seems caer eer aR ler aah er eee ants cape rt Ea aims Soe isco SE ea duit Saris Sore ere Seen ce a Le i STi G'he atu be momr a comes Elements ‘The elements ofa public ofee are as follows: (2) Te must (eae by law or by authority of law, (2) Tt must possess a delegatiod of a portion of the sovereign powers of to be exercised Jor the benefit ofthe public, (3) The powers and the duties to be ieee sees seetinmes nara cnt 4) ‘the duties must be performed indepen- dently and without control of a superior power other than the law unless they be those of an inferior or subordinate ofce created or authorized by the legis. lature, and-by it placed under the general control of a superior office oF body. Prelaov. Sandiganbavan, 247 SCRA 454. ‘Dar Concert oe mie Pune Orcs 5 (5)_It must have some! jena and conti. ruity and not be only tem al Creation A public office may be created by the Canstitu- lon, by statute or by authority of law. Examples of constitutional offces are the Office of the, President.” the Legislature," the Supreme Court’ and the Constitutional Commissions." These offices were brought into existence by direct self: executing provisions of the Constitution. Not created directly by the Constitution but by its specific mandate are the Metro Manila Develop ‘ment Authority” and the Natlonal Economic aad Development Authority." These are merely statutory offices established by Implementing statutes man- dated by the Constitution itsel. They thus difer from ‘most slatutory offices whose creation lies in the en- tire discretion ofthe legislature. Examples of such statutory offices are the Bu- eau of Mines,” the Securities and Exchange Com. ‘ission.” and Tocal offices such as those of gover- hors and mayors. Sometimes, offiees may also be created by virtue of a validly delegated legislative power, such as the defunct Code Commission, which "Bameyv. Hewna 257 Poe 413. " Conan, Ail Vl ‘sid are ‘sta eile Vt Sta Arle Be " Bxseave Order No, $92 Uanuary 9, 1990) in ration to Section 11 of Artie X and Section So he Tanatoy Persons [Acie Xv a he Conan * Beecutwe Onder Na 20, i ration to Arle XM, Seon 9 ot ye Conan. ‘vecdentl Deeee No, 99-4, President Deeres No. 902°