LAW ON PUBLIC OFFICE Flashcards
PUBLIC OFFICE : DEF
right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at pleasure of creating power, and individual is vested with some sovereign functions of government to be exercised by him for the benefit of the public.
Elements of Public Office:
(LSDIP)
1.created by law or ordinance authorized by law;
2.possess sovereign functions of government to be exercised for public interests;
3.functions defined expressly or impliedly by law;
4.functions exercised by an officer directly under control of law, not under that of a superior officer unless they are functioned conferred by law upon inferior officers, who by law, are under control of a superior; (duties performed independently) and
5.with permanency or continuity, not temporary or occasional.
Characteristics: PO
-Public office is a public trust.
-Public office is not property and is outside the commerce of man. It cannot be subject of a contract.
Classification of Public Officers:
- Executive, legislative and judicial officers;
- Discretionary or ministerial officers;
- Civil or military officers;
- Officers de jure or de facto; and
- National, provincial or municipal officials
Authority to prescribe qualification:
- when prescribed by Constitution, ordinarily exclusive, the legislature may not increase or reduce qualifications except when Constitution itself provides otherwise as when only minimum or no qualifications are prescribed( ex: Art XIII Sec 17 (2), Art VIII Sec 7 (2) Consti) ;
- when office created by statute, Congress has generally plenary power to prescribe qualification but such must be:
a. germane to purpose of office; and
b. not too specific so as to refer to only one individual.
DE FACTO OFFICERS: REQ
- valid existing office;
- actual physical possession of said office;
- color of title to office;
- by reputation or acquiescence;
- known or valid appointment or election but officer failed to conform with legal requirements;
- known appointment or election but void because of ineligibility of officer or want of authority of appointing or electing authority or irregularity in appointment or election not known to public; and
- known appointment or election pursuant to unconstitutional law before declaration of unconstitutionality.
COMMENCEMENT OF OFFICIAL RELATIONS
- by appointment; or
- by election
DE FACTO VS INTRUDER
DF: REQS
DF: has color of right or title to office
DF: acts are valid as to the public until such time as his title to the office is adjudged insufficient
DF: entitled to compensation for services rendered
IN: not entitled to compensation
DF: Legal Effects of Acts
valid insofar as they affect the public
Appointment –
selection, by authority vested with power, of individual who is to perform functions of a given office.
Promotion –
movement from one position to another with increase in duties and responsibilities as authorized by law and usually accompanied by an increase in pay.
Next-in-Rank Rule
the person next in rank shall be given preference in promotion when the position immediately above his is vacated. But the appointing authority still exercises his discretion and is not bound by this rule.
Automatic Reversion Rule
all appointments involved in chain of promotions must be submitted simultaneously for approval by the Commission, the disapproval of the appointment of a person proposed to a higher position invalidates the promotion of those in the lower positions and automatically restores them to their former positions.
PENSION
regular allowance paid to an individual or a group of individuals by the government in consideration of services rendered or in recognition of merit, civil or military.
GRATUITY
a donation and an act of pure liberality on the part of the State.
