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POLITICAL LAW LAW ON PUBLIC OFFICERS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie,

Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen

Public Office 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. Esse !i"l ele#e !s 1. Created by Constitution or by law or by some body or agency to which the power to create the office has been delegated (enabling law) 2. Invested with authority to exercise some portion of the sovereign power of the tate !. "owers#$unctions defined by the Constitution, law, or through legislative authority %. &uties are performed independently without control unless those of a subordinate '. Continuing # permanent in nature Dis!i c!i$ s Public Offici"l is an officer of the (overnment itself, as distinguished from the $ffice%s and e#&l$'ees of instrumentalities of government. Office% is distinguished from an e#&l$'ee in the greater importance, dignity and independence of his position, being re)uired to ta*e an official oath, and perhaps give an official bond and in the liability to be called to account as a public offender for misfeasance or nonfeasance in office. Eli(ibili!' +ligibility is the state or )uality of being legally fitted or )ualified to be chosen. ,ualification refer to the act which a person, before entering upon the performance of his duties, is by law re)uired to do such as the ta*ing, and often, of subscribing and filing of an official oath, and, in some cases, the giving of an official bond. W)$ "%e %e*ui%e+ !$ (i,e " $ffici"l b$ +-ccountable public officers or those to whom are entrusted the collection and custody of public money, and public ministerial officers whose actions may affect the rights and interests of individuals. Dis*u"lific"!i$ s &is)ualifications to hold public office are mental or physical incapacity, misconduct or crime, impeachment, removal or suspension from office, previous tenure of office, consecutive terms, holding more than one office, relationship with the appointing power, office newly created or the emoluments of which have been increased, 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 to provide dis)ualifications that it has to provide )ualifications for office. .hen the constitution has attached a dis)ualification to the holding of any office, Congress cannot remove it under the power to prescribe )ualifications as to such offices as it may create. "resumption is in favor of eligibility.

POLITICAL LAW LAW ON PUBLIC OFFICERS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen

/he )ualifications are continuing re)uirements and must be possessed not only at the time of appointment or election or assumption of office but during the officer0s entire tenure. F$%#"l *u"lific"!i$ s "%e1 citi2enship, age, suffrage, residence, education, ability to read and write, political affiliation, civil service examination A&&$i !#e ! -ppointment is the act of designation by the executive officer, board, or body to whom that power has been delegated, of the individual who is to exercise the powers and functions of a given office. It is to be distinguished from the selection or designation by a popular vote. "ower to appoint is generally regarded as an executive function. 3ut it is not limited to the executive department. "ower of appointment is absolute when the choice of the appointing authority is conclusive. It is conditional where assent or approval by some other officer or body is necessary to complete the appointment. -cceptance of appointment is not necessary for the completion or validity of appointment. 4owever, acceptance is necessary to possession of office, and to enable appointee to the en5oyment and responsibility of an office. -cceptance may be express when it is done verbally or in writing. -cceptance is implied when without formal acceptance, the appointee enters upon the exercise of the duties and functions of an office. /he general rule is that an appointment to an office, once made and complete, is not sub5ect to reconsideration or revocation. /he exception is where an officer is removable at will of the appointing power. S!e&s i !)e A&&$i !i ( P%$cess. 1. Nomination 6 exclusive prerogative of the "resident 2. Confirmation 6 belongs to Congress i.e. Commission on -ppointments !. ssuance of commission 6 a commission is a written authority from a competent source given to the officer as his warrant for the exercise of the powers and duties of the office to which he is commissioned.

Confirmation on the part of the Civil ervice Commission is called 7-ttestation8. Desi( "!i$ &esignation is simply the mere imposition of new or additional duties upon an officer to be performed by him in a special manner. It presupposes that the officer is already in the service by virtue of an earlier appointment, performing other functions. V"c" c' /here is a vacancy when an office is empty and without a legally )ualified incumbent appointed or elected to it with a lawful right to exercise its powers and perform its duties. /here can be no appointment to a non9vacant position. C"uses $f ,"c" c' are death, permanent disability, removal from office or resignation of the incumbent. :ther causes of vacancy are abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of incompatible office, creation of a new office, reaching the age limit, and recall.

POLITICAL LAW LAW ON PUBLIC OFFICERS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen

De facto/ de jure $ffice%0 usu%&e% !e facto officer is one who has the reputation of being the officer he assumed to be and yet is not a good officer in point of law. - de "ure officer is one who has the lawful right to the office in all respects, but who has either been ousted from it, or who has never actually ta*en possession of it. .hen the officer de "ure is also the officer de facto, the lawful title and possession are united. #surper is one who ta*es possession of the office and underta*es to act officially without any color of right or authority, either actual or apparent. Sc$&e $f P$1e% cope of power of a public officer consists of those powers which are expressly conferred upon him by the law under which he has been appointed or elected; expressly annexed to the office by the law which created it or some other law referring to it; or attached to the office as incidents to it. $inisterial po%er is when it is absolute, certain, and imperative involving merely execution of a specific duty arising from fixed and designated facts. !iscretionary po%er is when it re)uires the exercise of reason and discretion in determining how or whether the act shall be done or the course pursued. M$+es $f Te%#i "!i$ $f Offici"l Rel"!i$ s Natural Causes 1. +xpiration of the term or tenure of office 2. <eaching the age limit ( retirement) !. &eath or permanent disability Acts / Neglect of Officer 1. <esignation 2. -cceptance of an incompatible office !. -bandonment of :ffice %. "rescription of <ight to :ffice Acts of the Government or People 1. <emoval 2. Impeachment !. -bolition of :ffice %. Conviction of a crime '. <ecall

POLITICAL LAW LAW ON PUBLIC OFFICERS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen

P%e,e !i,e Sus&e si$ Two Kinds 1. "reventive uspension "ending Investigation 2. "reventive uspension "ending -ppeal /he duration of preventive suspension is coe)ual with the period prescribed for deciding administrative disciplinary cases. If the case is decided before ninety (=>) days then the suspension will last less than ninety (=>) days, but if the case is not decided within ninety (=>) days, then the suspension may not exceed the maximum period of ninety (=>) days. O!)e% i#&$%!" ! c$ ce&!s 2$l+3$,e% 6 a public officer0s term has expired or his services terminated but he should continue holding his office until his successor is appointed or chosen and had )ualified. Ne&$!is# 6 all appointments in the national and local governments or any branch or instrumentality thereof, including government9owned or controlled corporations, made in favor of a relative of the appointing authority; recommending authority; chief of the bureau or office; or person exercising immediate supervision over the appointee are "<:4I3I/+&. Compensation is not indispensable to a public office. /he e4!3i %" 5 %ule specifically applies only in cases of promotion but it is not a mandatory re)uirement. Di,es!#e ! is when a public official is in a conflict9of9interest situation. uch official must resign from his position in any private business enterprise within !> days from his assumption of office and#or divest himself of his shareholdings or interest within ?> days from such assumption. Offici"l i##u i!' only protects public officials from tort liability for damages arising from discretionary acts or functions in the performance of their official duties.

POLITICAL LAW LAW ON PUBLIC OFFICERS REVIEWER & MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002 Carrie, Aldrich, She, Cayo, Evelyn, Thel, Gem, Ronald, Karen

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