Powers And Duties Of Public officers

Question 1

The authority of public officers consists of those powers which are

Answer 1

(a) Expressly conferred upon him by the act appointing him;
b) Expressly annexed to the office by law; and
c) Attached to the office by common law as incidents to it.

Under the doctrine of necessary implication, all powers necessary for the effective exercise of the express powers are deemed impliedly granted.

Question 2

Ministerial

Answer 2

Ministerial: one the discharge of which by the officer concerned is imperative and requires neither judgment nor discretion

Question 3

Discretionary

Answer 3

Discretionary: one imposed by law upon a public officer wherein the officer has the right to decide how and when the duty shall be performed

Question 4

What are the Duties of Public Officers.

Answer 4

a) To be accountable to the people; to serve them with utmost
responsibility, integrity, loyalty and efficiency; to act with patriotism and justice; and to lead modest lives [Sec. 1, Art. XI].

b) To submit a declaration under oath of his assets, liabilities and net
worth upon assumption of office and as often thereafter as may be required by law [Sec. 17, Art. XI].

c) To owe the State and the Constitution allegiance at all times [Sec. 18,
Art. XI].

Question 5

What are the prohibitions for public officers?

Answer 5

Partisan political activity. No officer or employee of the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign” [Sec. 2(4), Art. IX-B]. The Civil Service Law prohibits engaging directly or indirectly in any partisan political activity or taking part in any election except to vote; or use official authority or influence to coerce the political activity of any person or body.,

Additional or double compensation. “No elective or appointive public
officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office or title of any kind from any foreign government” [Sec. 8, Art. IX-B],

Prohibition against loans.

Limitation on Laborers. Shall not be assigned to perform clerical duties.

Detail or reassignment. No detail or reassignment shall be made within three months before any election without the approval of the Comelec.

Nepotism. All appointments made in favor of a relative of the appointing ‘ or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are prohibited.