You are on page 1of 3

Reading assignment for March 22, 2018:

For the course on law on public officers, we will use as primary reference the book written by Hector De
Leon, Sr., entitled The Law on Public Officers and Election Law,2008 edition. Familiarize yourselves with
the constitutional provisions cited in the reading assignment so as to facilitate discussion in our next
meeting.

The Law on Public Officers

1. General principles

Definition of public office, Read: Aparri vs. CA, G.R. No. L-30057

Definition of public officer- Art.203, Revised Penal Code, Art. 2,RA 3019

Constitution, Article XI, Section 1

Creation:

a. Constitution-e.g., Office of The President


b. Law-e.g., Securities and Exchange Commission
c. Authority of law-e.g., Davide Commission

What distinguishes an office from an employment, Read: Laurel vs. Desierto, G.R. No. 145638

2. Eligibility and Qualification requirements


a. In general

1). Where office is created by law, Congress has the power to prescribe qualifications to and
disqualifications from such office provided they do not violate the Constitution.

2). Where office is created by the Constitution, the general rule is the criteria prescribed for
qualification and disqualification is exclusive.

Qualifications prescribed for certain officers by the Constitution:

Sections 2 and 3,Art. VII, Sections 3 and 6, Art. VI, Section 7(1),7(3),Art. VIII, Sec.1(1), Art. IX-C, Sec.
8, Art. IX

b. Formal qualifications must be possessed not only at the time of appointment or election but
during the officer’s tenure and may be challenged when lost.

Read: Labo vs. COMELEC, G.R. No. 16808

b. Oath of office is a qualifying requirement for a public office.


c. Disqualifications

-General disqualifications under the Constitution-Sec.6, Sec. 7(1) and Sec. 7(2) of Art. IX-B, Sec.
13, Art. VI, Sec. 12, Art. VIII, Sec. 2, Art. IX-A, Secs. 8 and 11,Art. IX

-Special disqualifications under the Constitution

Sec. 13, Art. VII, Read: Civil Liberties Union vs. Executive Secretary, 194 SCRA 317

Consecutive terms-Sections 4 and 7, Art. VI

Previous term-Sec. 4,Art. VII, Sec. 11, Art.XI,

3. Modes of acquisition
a. Election
b. Appointment- Read: Borromeo vs. Mariano, G.R. No. 16808 (majority opinion and
appointment issue only)

Appointment by the President- Constitution, Article VIII, Section 16

Categories :

1).Regular or those made when Congress is in session

2).Ad interim or those made when congress is not in session.

3). De facto officers doctrine

Read: General Manager, PPA vs. Monserate, G.R. No. 129616

4. Powers, Duties and Norms of Public Officers


a. Scope of powers- Read: Lo Cham vs. Ocampo, G.R. No. L-831, RCPI vs. Santiago, 58 SCRA 493
b. Ministerial vs. Discretionary power- Read: Miguel vs. Zulueta, G.R. No. L-19869, Aprueba vs.
Ganzon, G.R. No. L-20867
c. Norms of conduct
1) Duty to make financial disclosures- Read: Morfe vs. Mutuc, G.R. No. L-30057
2) Public Disclosure of Assets and Liabilities under the Code of Conduct and Ethical Standards for
Public Officials
3) Specific duties such as acting promptly on letters and requests in accordance with the Anti- Red
Tape Law (ARTA)
5. Rights and Privileges of Public Officers
a. Right to compensation and prohibition against double compensation
b. Right to Self-organization-Constitution, Article XI-B, Section 2(5), Article III, Section 8, Article XIII,
Section 2(par.2)
c. Prohibited mass and concerted actions acts such as strikes, slowdown, sitdown and mass leave
that result to stoppage or disruption of public service
JGOracion