Beruflich Dokumente
Kultur Dokumente
Ex: occupied by one who is not a de jure officer, by a mere usurper, by one
who is holding over
not a physical vacancy
appointing power may proceed to fill the office
OATH
Outward pledge
One formally calls upon God to witness to the truth of what he says or to
the fact that he sincerely intends to do what he says
Oaths:
o Qualifying requirement for a public office, prerequisite to the full
investiture with the office
o Not indispensable, mere incident to the office, no part of the office
itself
o Statutes requiring taking of an oath are merely directory
o Officers authorized to administer oaths:
- Notaries public
- Members of judiciary
- Clerks of court
- Secretary of House, departments
- Bureau directors
- Registrars of deeds
- Provincial governors
- Lieutenant governors
- City mayors
- Officer whose appointment is vested in the president
o
o
BOND
- Public officials required to furnish bonds are usually those who have
custody of public funds
- Purpose: protect public funds
- Nature:
1. Indemnity bond (not penal or forfeiture)
2. Obligation binding sureties to make good the officers default
3. Primary contractual obligation between the injured party and the
officer and surety
4. Merely collateral security for the performance of the officers duties
Necessity:
1. Mere incident of office
2. Time prescribed to give bond
o Merely directory, not mandatory
o Failure to give bond does not mean appointee forfeits his office
XPN: bond a condition precedent to the right to the office (applies
to oaths as well)-- mandatory
DE FACTO OFFICER
Rests on reputation
Has possession and performs the duties
under color of right or authority without
being technically qualified in all points
Cannot be
proceeding
removed
in
direct
of law to act
May be ousted in a direct proceeding
against him
Usurper/intruder defined
- One who takes possession of the office and undertakes to act officially
without any color of right or authority, actual or apparent. Not an officer at
all for any purpose
USURPER
No lawful title nor color of right to the
office
Public knows he is a usurper
Ousted through any proceeding
Acts are absolutely null and void
DE FACTO OFFICER
Has a color of right or title to the office
Public does not know nor out to know his
lack of title or authority
Ousted through direct proceeding
Acts done by a de facto officer in the
exercise of his authority are valid
Lecture notes:
Scenario 2: you were given an appointment, youre supposed to be eligible, but you
turned out not to have been. Duty is no longer ministerial. Commission will
disapprove the appointment.
Scenario 3: Commission will recall
Mr. X given an appointment in the career service. Mr. X reported for duty, took his
oath, and has since been receiving his salary. His papers are being prepared for
transmission. Can it still be disapproved or revoked? Explain.
- No, if X met all the eligibility requirements and the process of appointment
was followed. However, it must be stressed that if Mr. X does not satisfy
the minimum eligibility requirements, then CSC can disapprove the
appointment. Moreover, the CSC has the power of recall.
All appointments must be approved by CSC.
Obiaska ruling: when do you transmit the appointment papers?