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Case Digest: Quizon v. Castillo

Quizon v. Castillo G.R. No. 49286, August 16, 1947 Petitioners seek the annulment of two orders of the CFI of Batangas relating to the intestate of Gregorio Mayo Villapando, issued on July 26 and August 18, 1944. In the first one, the lower court declared all the parties therein as heirs of the deceased, divided […]

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Case Digest: Atienza v. Brillantes Jr.

LUPO ALMODIEL ATIENZA, complainant, v. JUDGE FRANCISCO BRILLANTES, JR., respondent. A.M. No. MTJ-92-706. March 29, 1995. Facts: Respondent Judge Francisco was charged by petitioner Lupo Atienza for Gross Immorality and Appearance of Impropriety. Francisco was alleged to be cohabiting with De Castro and thereafter married to De Castro in California while in a subsisting marriage […]

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Case Digest: CORAZON C. BALBASTRO v. COMMISSION ON AUDIT, REGIONAL OFFICE NO. VI 556 SCRA 729 (2008)

CORAZON C. BALBASTRO v. COMMISSION ON AUDIT, REGIONAL OFFICE NO. VI 556 SCRA 729 (2008) The Commission on Audit conducted an investigation relative to the letter-complaint filed by the officers of the Iloilo City National High School (ICNHS) Teachers and Employees Association against petitioner Corazon Balbastro. COA discovered irregularities which Balbastro and Lydia Ocate, the […]

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Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 5

Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 5 Acceptance of an Incompatible Office Test of Incompatibility -Nature and relation of the two offices to each other, they ought not to be held by one person from the contrariety and antagonism which would result Acceptance of incompatible office ipso facto vacates the […]

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Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 4

Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 4 Preventive Suspension The proper disciplining authority may preventively suspend any subordinate officer or employee under his authority pending an investigation if the charge against such officer or employee involves 1) dishonesty, 2) oppression or grave misconduct or 3) neglect in the performance of […]

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Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 3

Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 3 Removal Constitutional Guarantee of Security of Tenure – not removed or suspended except for causes provided by law Career service officers and employees.. causes enumerated in law and in accordance with procedure prescribed Removal not for just cause or non-compliance with prescribed procedures […]

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Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 2

Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 2 Resignation Act of giving up or the act of a public officer by which he declines his office and renounces the further right to use it. Intention to surrender, renounce, and relinquish the office and the acceptance by competent and lawful authority Voluntariness […]

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Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 1

Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 1 Modes of Terminating Official Relationship 1. Expiration of term or tenure 2. Reaching the age limit 3. Resignation 4. Recall 5. Removal 6. Abandonment 7. Acceptance of an Incompatible Office 8. Abolition of Office 9. Prescription of the Right to Office 10. Impeachment 11. Death 12. Failure to Assume Elective Office w/in 6 months from […]

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Nachura Law on Public Officers Notes: LIABILITY OF PUBLIC OFFICERS

Nachura Law on Public Officers Notes: LIABILITY OF PUBLIC OFFICERS General Rule on Liability •A public officer is not liable for injuries sustained by another as a consequence of official acts done within the scope of his official authority, except as otherwise provided by law. •Not civilly liable for acts done in official capacity UNLESS […]

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Nachura Law on Public Officers Notes: POWERS AND DUTIES OF PUBLIC OFFICERS

Nachura Law on Public Officers Notes: POWERS AND DUTIES OF PUBLIC OFFICERS Authority of Public Officers 1.Expressly conferred upon him by the ACT appointing him 2.Expressly ANNEXED to the office by LAW 3.Attached to the office by COMMON LAW as incidents to it 4.Doctrine of Necessary Implication – all powers necessary for the effective exercise […]

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