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 bad faith, malice, negligence

•Liable for willful or negligent acts done by him which are contrary to morals, law public policy and good customs EVEN if he acted under instructions of his superiors.

•Local governments are not exempt from liabilities for DEATH or INJURY to persons or DAMAGE to property.

Statutory Liability

•Article 27, CC – refuses or neglects without just cause to perform his official duty, whereby a person suffers moral or material loss; without prejudice to administrative disciplinary sanction

• Article 32, CC – liability of public officer for violation of constitutional rights

• Article 34, CC – liability of peace officer who fails to respond or give assistance to persons in danger of injury to life or property

• w/o just cause. Neglects to perform a duty within a period fixed by law or regulation or within a reasonable period if none is fixed

Liability on Contracts

• personally – entered without or exceeded his authority

Liability for Tort

• personally – beyond the scope of his authority or exceeds power conferred upon him; ultra vires or where there is bad faith

Presidential Immunity from Suit

• during tenure of the President

• After his tenure, cannot invoke immunity from suit for civil damages arising out of acts done by him, while he was president which were not performed in the exercise of official duties.

• Not prevented from instituting suit.

Threefold Liability Rule

•Wrongs acts or omissions of a public officer may give rise to civil, criminal and administrative liability.

•Action for each can proceed independently

•Dismissal of one does not foreclose action for others. – difference in quantum of evidence

Liability of Minsiterial Officers

1. Nonfeasance – neglect or refusal to perform an act which is the officer’s legal obligation

2. Misfeasance – failure to exercise that degree of care, skill and diligence in the performance of official duty

3.Malfeasance – doing, through ignorance, inattention or malice of an act which he had no legal right to perform.

Command Responsibility

• Head of a department or a superior officer shall not be civilly liable for the wrongful acts, omission of duty, negligence or misfeasance of his subordinates, UNLESS he has actually authorized by written order the specific act or misconduct.