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 of the express powers

Authority can be exercised only during the term when the public officer, is by law, invested with the rights and duties of the office.

Ministerial and Discretionary Powers

1.Ministerial – discharge by officer is imperative and requires neither judgment nor discretion; exercise of which may be compelled

2.Discretionary – imposed by law upon a public officer; officer has the right to decide how and when the duty shall be performed; mandamus will not lie to compel performance

• Exception: when mandamus will lie:

1.GAD

2.manifest injustice

3.palpable excess of authority equivalent to a denial of settled rights

4.no other plain, speedy or adequate remedy

• writ may issue to compel the exercise of discretion but not the discretion itself
• Courts may review exercise of discretion, to determine if there has been GAD amounting to lack or excess of jurisdiction
• Judgment – judicial functions; determination of a question of law; only one way to be right
• Discretion, may decide the question either way and still be right; limited to the evident purpose of the act

Duties of Public Officer

Constitutional Duties

• To be accountable to the people
• To serve them with utmost responsibility, loyalty and efficience
• To act with patriotism and justice
• To lead modest lives
• To submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often as may be required
• To owe the State and Constitution allegiance at all times

•SOLGEN – represent government and its offices EXCEPT criminal cases and civil cases for damages arising from felony.

Prohibitions

1. Partisan political activity or taking part in any election except to vote

• Except:

1. those holding political offices

2. cabinet members

2. Additional or double compensation

3. Prohibition against loans

4. Limitation on laborers

• Not assigned to clerical duties

5. Detail or reassignment

• w/in 3 months before any election without approval of COMELEC

6. Nepotism

• Appointments made in favor of a relative of the appointing or recommending authority or of the chief of the bureau or office or of the person exercising immediate supervision over him.

• All appointments.

• Relative: those related within the 3rd civil degree by consanguinity or affinity

• Exemption:

1. confidential capacity

2. teachers

3. physicians

4. members of the Armed Forces
* full report of appointment shall be made to the Commission