Liability Of Public Officers Flashcards
What is the general rule on the liability of a public officer:
A public officer is not liable for injuries sustained by another as a consequence of official acts done within the scope of his official authority, except as otherwise provided by law.
What are the exceptions to the general rule on liability?
A public officer shall not be civilly liable for acts done in the performance of his official duties, unless there is a clear showing of bad faith, malice or negligence
he shall be liable for wilful or negligent acts done by him which are contrary to law, morals, public policy and good customs even if he acted under orders or instructions of his superiors
it is explicitly provided that local governments and their officials are not exempt from liability for death or injury to persons or damage to property.
True or false. The public officer shall be personally liable on contracts he enters into if he acted without, or exceeded his, authority.
True
What is an officials Liability for tort?
The public officer shall be personally liable if he goes beyond the scope of his authority, or exceeds the powers conferred upon him by law.
that unauthorized acts of government officials are not acts of State, and so the public officer may be held personally liable in damages for such unauthorized acts.
What is the. Threefold Liability Rule.?
The wrongful acts or omissions of a public officer may give rise to civil, criminal and administrative liability.
An action for each can proceed independently of the others. Dismissal of the criminal action does not foreclose the institution of an administrative action
What are the liability of ministerial officers?
- Nonfeasance: Neglect or refusal to perform an ‘ act which is the officer’s legal obligation to perform.
- Misfeasance: Failure to use that degree of care, skill and diligence required in the performance of official duty.
- Malfeasance: The doing, through ignorance, inattention or malice, of an act which he had no legal right to perform.
When is command responsibility applicable?
H. Command Responsibility. A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence or misfeasance of his subordinates, unless he has actually authorized by written order the specific act or misconduct complained of [Sec. 38(3), Chapter 9, Book I, Administrative Code].
