PART II. Public OfficersA. Public Office

Nature, Purpose and General principles

Office: position or function by virtue of which a person has some employment in the affairs of another, whether by appointment or by election, whether he is appointed during the pleasure of appointing power or fixed term.

Public Office: right, authority and duty created and conferred by law either fixed by law or pleasure of appointing power, individual is invested with some portion of the sovereign functions of the government to be exercised by him for the benefit of the public.

Purpose / Nature: For effecting the end for which government has been instituted, which is for the common good and not for profit, honor, or private interest It is a public trust created in the interest and benefit of the public, its conceived as a responsibility and not a right Public trust; Sec.1, Art. XI, Constitution

1. Holders regarded as public servants2. Holders subject to highest standards of accountability and service

Not property. No vested right

1. Subject to removal or suspension according to law precludes any proprietary claim to public office2. Holder without vested right in any public office no one has any vested right in any public office he holdsException: Constitutional offices special immunity as regards to salary and tenure3. Holders right in the nature of privilege entitled to protection incumbents right to office is recognized as a privilege entitled to the protection of the law When dispute concerns ones constitutional right to security of tenure, public office is deemed analogous to property in a limited sense (right to property could be rightfully invoked)4. Holders right personal to him Public office cannot pass to his heirs upon death nor can be inherited. Elements

1. Created by the Constitution or by law or by somebody or agency to which the power to create the office has been delegated2. It must be invested with an authority to exercise some of portion of the sovereign power of the State to be exercised for public interest3. Its powers and functions are defined by the Constitution, by law, or through legislative authority4. Duties pertaining thereto are performed independently without control of a superior power other than the law, unless they are those inferior or subordinate officer and placed by it under the general control of a superior officer5. It is continuing and permanent in nature and not intermittent

Creation of public office:

1. GR: Office is created by some constitutional or statutory provision or by authority conferred by it. 2. By Congress (except those created by the Constitution) legislature may decide what offices are suitable, necessary or convenient By exigencies of government OR power to create, prescribe the mode of filling the office or abolish it 3. By the President may inactivate the functions of a particular office (ie. through reorganization to achieve simplicity, economy and efficiency)

Modes and kinds of appointmentPower to remove inherent in the power to appoint. Lacson v. Romero, Oct. 14, 1949 Who are public officers officer of the Government

Civil Service Commission, 1987 Constitution

Classification1. As to nature of functions:a. Civil officer covers any kind of a public office, whether executive, legislative or judicialb. Military officer includes all officers in the armed forces solely involve in military functions2. As to creation:a. Constitutional officer one created by Constitution b. Statutory officer created by statute and over which Congress has full control3. As to the department of government to which it belongs:a. Legislative officer one charged with functions involving mainly the enactment of lawsb. Executive officer one charged with functions involving mainly the execution or administration of lawsc. Judicial officer charged with functions connected with the adjudication of actual justiciable controversies and the interpretation of laws4. As to branch of government served:a. National officer includes any office in the national or central government as distinguished from the different forms of local governmentsb. Local officer includes any office in the political subdivisions of the Philippines, whether pertaining to the autonomous regions, the provinces, cities, municipalities and other forms of local govt5. As to whether exercise of discretion is required:a. Quasi-judicial officer - Sec.2, Introductory, Administrative Code of 1987 Article 203, Revised Penal Code Eligibility and qualification requirements pp. 17-43, Law on Public Officers and Election Laws, De Leon, H., 2014 Disabilities and inhibitions pp. 219-239, Law on Public Officers and Election Laws, De Leon, H., 2014 Rights, Powers and Duties Security of tenure Due process pp. 114-153, 154-217, Law on Public Officers, De Leon H., 2014 Accountability; Acts and omissions of public officers. Art. XI, 1987 Constitution Presumption of regularity of acts Non-estoppel on government Arts. 203-245, Revised Penal Code Rep. Act No. 3019. Anti-Graft and Corrupt Practices Act Rep. Act No. 6713. Code of Conduct and Ethical Standards for Public Officials Rep. Act No. 7080. Crime of Plunder Pres. Dec. No. 46. Gifts Rep. Act No. 1379. Forfeiture Impeachment Liabilities Preventive suspension and back salaries Illegal dismissal, reinstatement and back salaries Immunity from Suit De facto officers pp. 100-112, Law on Public Officers and Election Laws, De Leon, H., 2014 Termination of official relations pp. 313-469, Law on Public Officers and Election Laws, De Leon, H., 2014 Civil Service Scope Appointments Personnel actions Morfe v. Mutuc 22 SCRA 848 Luego v. CSC 143 SCRA 327 Ombudsman. Art. XI, 1987 Constitution Rep. Act. No. 6770. Ombudsman Act of 1989 Functions Judicial review: administrative Judicial review: penal Sandiganbayan, Art. XIII, 1973 Constitution; Art. XI, 1987 Constitution Pres. Dec. No. 1606; Rep. Act Nos. 7975 and 8249 Ill-gotten wealth. (see also Rep. Act No. 1379. Forfeiture)*pp. 1- 476, De Leon, Hector, Law on Public Officers. Rex Bookstore, 2014