The Law on Public Officers DEFINITIONS, DISTINCTIONS, AND CLASSIFICATIONS ELIGIBILITY AND QUALIFICATIONS ACQUISITION OF RIGHT OR TITLE TO OFFICE POWERS, DUTIES, AND NORMS OF CONDUCT OF…Full description
CHAPTER 1 THE CONCEPT OF THE PUBLIC OFFICE PUBLIC A. B. C. D. E. OFFICE The right, authority and duty Created and conferred by law By which for a given period Either fixed by law or enduring at the...
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The following notes are a summary of the contents of the book "Public International Law by Isagani Cruz, 1998 Edition" The author of this outline is currently a second year law student at Arella...
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Chapter 1
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THE CONCEPT OF THE PUBLIC OFFICE
DEFINITION A 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 creating power, an individual is invested with some portion of the sovereign functions of the state to be exercised by him for the benefit of the body politic. The individual so invested is a public officer .
Public Officer vs Public Employee
The distinguishing factor is that the 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.
Revised Penal Code
Public officer is any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class.
Anti-Graft Anti-Gra ft and Corrupt Practices Act (RA 3019) 3019)
CHARACTERISTICS
Public trust
Not a hereditable possession possession
Outside the commerce of man
No vested interest (exception: constitutional offices right to hold an office
Cannot be deprived deprived of his offic offic e without a clear ex legislative will
A private individual hired on a contractual basis as a project manager for a government undertaking is a public officer.
Chapter 2
REQUIREMENTS FOR PUBLIC OF ELEMENTS (1) Created by law or or by authority of law (2) Must possess a delegation of a portion portion of the sovereign powers to be exercised for the benefit of the public
SELECTION FOR PUBLIC OFFICE A public officer is chosen either by appointment appointment or or
(3) Powers and duties must be defined, directly or impliedly, by the legislature or through legislative authority (4) Duties must be performed independently and without without control of a superior power other than the law unless they be those of an inferior or subordinate office created or authorized by the legislature, and by it placed under the general control of a superior office or body (5) Permanence and continuity, and not only temporal or or occasional
APPOINTMENT Designated by an appointive official
ELEC
Occupies the offi the mandate of th
Signtheir up to vote Some hold office in on a this title permanent capacity and are Elected for a defi Useful Not usefulmay be removed entitled to security of tenure, while others serve at the pleasure stringent conditio of the appointing authority
