17150173 Nachura Notes Public Officers

Topics: Civil service, Official, Office Pages: 26 (8150 words) Published: December 3, 2014
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Nachura Notes – Law of Public Officers (Kiddy)

I. GENERAL PRINCIPLES
Public Office
- Right, authority, duty, created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some sovereign power of government to be exercised by him for the benefit of the people.

- Elements:
1. created by law or by authority of law
2. possess a delegation of a portion of the sovereign powers of government, to be exercised for the benefit of the public
3. powers conferred and duties imposed must be defined by the legislature or by legislative authority
4. duties must be performed independently and without control of the superior power UNLESS they be those of an inferior or subordinate officer created or authorized by the legislature and placed under the general control of a superior officer or body

5. permanence or continuity
- Creation:
1. Constitution
2. statutory enactment
3. authority of law
Public Officer
- a person who holds office
- Public Officer, as understood under criminal law
¾ Article 203. any person who, by direct provision of law, popular election or appointment by competent authority shall take part in the performance of public functions in the Government; or shall perform in said Government public duties as am employee, agent, or subordinate official of any rank or class, shall be deemed to be a public officer. ¾ RA 3019. includes elective and appointive officials and employees, permanent or temporary whether in the classified, unclassified or exempt services, receiving compensation, even nominal from the government. ¾ PB 807. Career and Non-career services (formerly, classified, unclassified or exempt)

Distinguished from Clerk or Employee
- Officer, duties not being of clerical or manual nature, involves the exercise of discretion in the performance of the functions of government. - Includes any government employee, agent or body having authority to do the act or exercise that function.

Main characteristic that distinguishes a Public Officer Æ creation and conferring of an office involves a delegation to the individual of some of the sovereign functions of government, to be exercised by him for the benefit of the public.

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PinoyLaw.Net Notesbank

Nachura Notes – Law of Public Officers (Kiddy)

II. ELIGIBILITY AND QUALIFICATIONS
Qualifications
2 Different Senses:
1. endowments, qualities, attributes which make an individual eligible for public office
must possess at the time of the appointment/election and continuously for as long as the official relationship exists
2. act of entering into the performance of the functions of public office ¾ Property qualifications may not be imposed for the exercise of the right to run for public office.
¾ Loss of any of the qualifications during incumbency will be a ground for termination.
¾ Failure of an officer to perform an act required by law could affect the officer’s title to the given office.
¾ Prolonged failure or refusal to take the oath of office could result in forfeiture of the office.
¾ BP 881 – “the office of any official ELECTED who fails or refuses to take his oath of office within 6 months from his proclamation shall be considered vacant UNLESS failure is for a cause/s beyond his control.

¾ Oath of office is a qualifying requirement for public office. ¾ Until he is qualified, the holdover officer is the rightful occupant. ¾ Oath of office taken before one who has no authority to administer oath, is no oath at all.

¾ Pendency of election protest is not sufficient basis to enjoin him from assuming office or from discharging his functions.
Authority to Prescribe Qualifications
¾ Qualification prescribed by Constitution Æ generally exclusive unless Constitution provides otherwise
¾ Public officers created by statute Æ Congress has plenary powers to prescribe qualifications, provided:
1. germane to the objectives...
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