THE LAW ON PUBLIC OFFICERS

Public Office is the right, authority, and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public. Essential elements 1. Created by Constitution or by law or by some body or agency to which the power to create the office has been delegated (enabling law) 2. Invested with authority to exercise some portion of the sovereign power of the State 3. Powers/Functions defined by the enabling law 4. Duties are performed independently without control unless those of an inferior 5. Continuing / permanent in nature Distinctions Public Official is an officer of the Government itself, as distinguished from the officers and employees of instrumentalities of government. Officer is distinguished from an employee in the greater importance, dignity and independence of his position, being required to take an official oath, and perhaps give an official bond and in the liability to be called to account as a public offender for misfeasance or nonfeasance in office. Eligibility Eligibility is the state or quality of being legally fitted or qualified to be chosen. Qualification refer to the act which a person, before entering upon the performance of his duties is by law required to do such as the taking, and often, of subscribing and filing of an official oath, and, in some cases, the giving of an official bond. Who are required to give an official bond? Accountable public officers or those to whom are entrusted the collection and custody of public money, and public ministerial officers whose actions may affect the rights and interests of individuals. Disqualifications Disqualifications to hold public office are mental or physical incapacity, misconduct or crime, impeachment, removal or suspension from office, previous tenure of office, consecutive terms, holding more than one office, relationship with the appointing power, office newly created or the emoluments of which have been increased, being an elective official, having been a candidate for any elective position, and grounds under the local government code. In the absence of constitutional inhibition, Congress has the same right to provide disqualifications that it has to provide qualifications for office. When the constitution has attached a disqualification to the holding of any office, Congress cannot remove it under the power to prescribe qualifications as to such offices as it may create. Presumption is in favor of eligibility. The qualifications are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officers entire tenure. Formal qualifications are : citizenship, age, suffrage, residence, education, ability to read and write, political affiliation, civil service examination Appointment Appointment is the act of designation by the executive officer, board, or body to whom that power has been delegated, of the individual who is to exercise the powers and functions of a given office. It is to be distinguished from the selection or designation by a popular vote. Power to appoint is generally regarded as an executive function. But it is not limited to the executive department. Power of appointment is absolute when the choice of the appointing authority is conclusive. It is conditional where assent or approval by some other officer or body is necessary to complete the appointment. Acceptance of appointment is not necessary for the completion or validity of appointment. Acceptance may be express when it is done verbally or in writing.

Acceptance is implied when without formal acceptance, the appointee enters upon the exercise of the duties and functions of an office. The general rule is that an appointment to an office, once made and complete, is not subject to reconsideration or revocation. The exception is where an officer is removable at will of the appointing power. Steps in the Appointing Process: 1. Nomination exclusive prerogative of the President 2. Confirmation belongs to Congress i.e. Commission on Appointments 3. Issuance of commission a commission is a written authority from a competent source given to the officer as his warrant for the exercise of the powers and duties of the office to which he is commissioned. Confirmation on the part of the Civil Service Commission is called Attestation. Designation Designation is simply the mere imposition of new or additional duties upon an officer to be performed by him in a special manner. It presupposes that the officer is already in the service by virtue of an earlier appointment, performing other functions. Vacancy There is a vacancy when an office is empty and without a legally qualified incumbent appointed or elected to it with a lawful right to exercise its powers and perform its duties. There can be no appointment to a non-vacant position. Causes of vacancy are death, permanent disability, removal from office or resignation of the incumbent. Other causes of vacancy are abandonment, expiration of term, conviction of a crime, impeachment conviction, acceptance of incompatible office, creation of a new office, reaching the age limit, and recall. De facto, de jure officer; usurper De facto officer is one who has the reputation of being the officer he assumed to be and yet is not a good officer in point of law. A de jure officer is one who has the lawful right to the office in all respects, but who has either been ousted from it, or who has never actually taken possession of it. When the officer de jure is also the officer de facto, the lawful title and possession are united. Usurper is one who takes possession of the office and undertakes to act officially without any color of right or authority, either actual or apparent. Scope of Power Scope of power of a public officer consists of those powers which are expressly conferred upon him by the law under which he has been appointed or elected; expressly annexed to the office by the law which created it or some other law referring to it; or attached to the office as incidents to it. Ministerial power is when it is absolute, certain, and imperative involving merely execution of a specific duty arising from fixed and designated facts. Discretionary power is when it requires the exercise of reason and discretion in determining how or whether the act shall be done or the course pursued. Modes of Termination of Official Relations Natural Causes 1. Expiration of the term or tenure of office 2. Reaching the age limit ( retirement) 3. Death or permanent disability 1. 2. 3. 4. 1. 2. 3. 4. 5. Acts / Neglect of Officer Resignation Acceptance of an incompatible office Abandonment of Office Prescription of Right to Office Acts of the Government or People Removal Impeachment Abolition of Office Conviction of a crime Recall

Preventive Suspension Two Kinds: 1. Preventive Suspension Pending Investigation 2. Preventive Suspension Pending Appeal The duration of preventive suspension is coeval with the period prescribed for deciding administrative disciplinary cases. If the case is decided before ninety (90) days then the suspension will last less than ninety (90) days, but if the case is not decided within ninety (90) days, then the suspension may not exceed the maximum period of ninety (90) days. Other important concepts Hold-over a public officers term has expired or his services terminated but he should continue holding his office until his successor is appointed or chosen and had qualified. Nepotism all appointments in the national and local governments or any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing authority; recommending authority; chief of the bureau or office; or person exercising immediate supervision over the appointee are PROHIBITED. Compensation is not indispensable to a public office. The next-in rank rule specifically applies only in cases of promotion but it is not a mandatory requirement. Divestment is when a public official is in a conflict-of-interest situation. Such official must resign from his position in any private business enterprise within 30 days from his assumption of office and/or divest himself of his shareholdings or interest within 60 days from such assumption. Official immunity only protects public officials from tort liability for damages arising from discretionary acts or functions in the performance of their officials duties. Qualifications of Elective Officials Elective Officials Pres/ Vice-Pres Senator District Representative s Party-List Reps Local Officials Citizenshi p Natural Born Natural Born Natural Born Natural Born Citizen Age 40 35 25 25 Prov/HUC:23 Other Mayor/VM:2 1 Other S:18 35 21 Literacy Read and Write Read and Write Read and Write Read and Write Read and Write Filipino or local dialect Read and Write Read and Write Voter Registered Registered Registered in District Registered Registered in Locality Residenc y 10 in Philippines 2 in Philippines 1 in District 1 in Philippines 1 in Locality

ARMM Governor ARMM Legislators

Natural Born Natural Born

Registered in ARMM Registered in District

5 in ARMM 5 in District

------------------------------------------------------------------------------------------------------------------------------------------------

ENVIRONMENT

The totality of circumstances surrounding an organism or group of organisms, especially the combination of external physical conditions that affect and influence the growth, development, and survival of organisms. All of the biotic and abiotic factors that act on an organism, population, or ecological community and influence its survival and development. Biotic factors include the organisms themselves, their food, and their interactions. Abiotic factors include such items as sunlight, soil, air, water, climate, and pollution. Organisms respond to changes in their environment by evolutionary adaptations in form and behavior. (The American Heritage Science Dictionary)

Environmental Issues 3

TOP ENVIRONMENTAL ISSUES OF THE DECADE, 2000-2009 1. Environment Goes Mainstream The most significant environmental issue of 2000-2009 was the environment itself. During the past 10 years, the environment played an increasingly important role in almost every aspect of modern lifefrom politics and business to religion and entertainment. The environment was a pivotal issue in all three of the decade's U.S. presidential elections, commanded more congressional attention than any issue except the economy and health care, and was the subject of government action and debate worldwide. During the past decade, businesses embraced green initiatives, religious leaders declared environmental stewardship a moral imperative, and stars from Hollywood to Nashville promoted the virtues of green living and environmental protection. 2. Climate Change Climate change, and particularly human-generated global warming, has been the topic of more scientific research, political debate, media attention and public concern than any environmental issue of the past 10 years. A truly global issue that demands a global solution, climate change has sparked worldwide concern, but so far has failed to inspire world leaders to set aside their national agendas and work together to craft an international strategy. 3. Overpopulation Between 1959 and 1999, the global population doubled, growing from 3 billion to 6 billion in just 40 years. According to current projections, the world population will expand to 9 billion by 2040, which will lead to severe shortages of food, water and energy, and dramatic increases in malnutrition and disease. Overpopulation is also expected to exacerbate other environmental problems, such as climate change, loss of wildlife habitat, deforestation, and air and water pollution. 4. Global Water Crisis About one third of the world population, one in every three people on Earth, suffers from a scarcity of fresh watera crisis that will only get worse as the population increases unless new sources of fresh water are developed. At present, we're not even doing a good job of using and preserving the sources we already have. According to the United Nations, for example, 95 percent of the worlds cities still dump raw sewage into their water supplies. 5. Big Oil and Big Coal versus Clean Energy Our use of renewable energy grew significantly during the past decade, even as Big Oil and Big Coal continued to push their products as the answer to most of the world's energy needs. With the end of global oil supplies not far off, the oil industry's claims sound like a swan song. Big Coal still supplies most of the electricity used in the United States, China and many other nations, but coal has other problems. A major coal ash spill at a Tennessee power plant in 2008 focused attention on inadequate disposal methods for toxic coal waste. Meanwhile, mountaintop mining scarred the landscape of Appalachia and other coal-rich regions of the U.S. and sparked a growing protest movement that attracted national media and political attention. 6. Endangered Species Every 20 minutes on Earth, another animal species dies out, never to be seen again. At the current rate of extinction, more than 50 percent of all living species will be gone by the end of the century. Scientists believe that we are in the midst of the sixth great extinction to occur on this planet. The first wave of the current extinction may have started a long as 50,000 years ago, but the accelerated pace is largely due to human influences such as overpopulation, loss of habitat, global warming and species exploitation. According to author Jeff Corwin, the black market for rare animal partssuch as shark fins for soup and African elephant ivoryis the third-largest illegal trade in the world, exceeded only by weapons and drugs. 7. Nuclear Energy Chernobyl and Three Mile Island chilled U.S. enthusiasm for widespread use of nuclear energy, but this was the decade that the chill began to thaw. The United States already gets 70 percent of its non-carbon generated electricity from nuclear power, and even some environmentalists have started to concede that nuclear energy will inevitably play an important role in future U.S. and global energy and climate strategiesdespite ongoing concerns about the lack of a long-term solution for safe and secure nuclear waste disposal. 8. China China is a world's most populous country, and during the past decade it surpassed the United States as the nation that emits the most greenhouse gas emissionsa problem that could get worse as China builds more coal-fired power plants and more of the Chinese people trade their bicycles for cars. China is home to several cities with the world's worst air quality as well as some of the world's most polluted rivers. In addition, China has been named a source of cross-border pollution for Japan, South Korea, and other Asian countries. On the bright side, China has invested billions of dollars in environmental protection, pledged to reduce greenhouse gas emissions, moved to phase out incandescent light bulbs, and banned the use of plastic bags. 9. Food Safety and Chemical Contamination From phthalates in cosmetics to C-8 in cookware and other non-stick items to bisphenol A (BPA) in thousands of everyday products, consumers have become increasingly concerned about the variety

of under-regulated and under-researched chemicals and other additives they and their families are exposed to every day. Throw in food safety issues such as genetically modified crops, food tainted with salmonella and E.coli bacteria, milk and other food containing hormones or antibiotics, baby formula laced with perchlorate (a chemical used in rocket fuel and explosives), and it's no wonder consumers are worried. 10. Pandemics and Superbugs The decade saw growing concerns about possible pandemics and new or resistant viruses and bacteriasuch as avian flu, swine flu and the so-called superbugsmany of them rooted in environmental causes related to such things as factory farming. Superbugs, for example, are created by the proliferation of antibiotics caused by everything from doctors prescribing antibiotics when they aren't warranted to the widespread and unnecessary use of antibiotic soap. But some 70 percent of antibiotics are fed to healthy pigs, poultry and cattle, and end up in our food and water supply.

EARTH DAY
the name given to two different annual observances that are intended to raise awareness about a wide range of environmental issues and problems, and to inspire people to take personal action to address them first Earth Day celebration took place on March 21, 1970, the vernal equinox that year It was the brainchild of John McConnell, a newspaper publisher and influential community activist, who proposed the idea of a global holiday called Earth Day at a UNESCO Conference on the Environment in 1969. McConnell suggested an annual observance to remind the people of Earth of their shared responsibility as environmental stewards. He chose the vernal equinoxthe first day of spring in the northern hemisphere, the first day of autumn in the southern hemispherebecause it is a day of renewal. At the vernal equinox (always March 20 or March 21), night and day are the same length everywhere on Earth. McConnell believed that Earth Day should be a time of equilibrium when people could put aside their differences and recognize their common need to preserve Earths resources.

BRIEF SURVEY OF ENVIRONMENTAL LAWS IN THE PHILIPPINES

PD No. 1151 (Philippine Environment Policy ) Section 1. Policy. - It is hereby declared a continuing policy of the State (a) to create, develop, maintain and improve conditions under which man and nature can thrive in productive and enjoyable harmony with each other, (b) to fulfill the social, economic and other requirements of present and future generations of Filipinos, and (c) to insure the attainment of an environment quality that is conducive to a life of dignity and well-being. Enacted June 6, 1977 P.D. 705 as amended by EO No. 277 (Revised Forestry Code of the Philippines) - Sec. 68, P.D. 705 is the particular law implemented by the DENR to curb illegal logging. It prohibits the cutting, gathering, collecting or removing timber or other forest products from any forest land, or timber from alienable or disposable public land or from private land without authority or possession of timber or other forest products without the legal documents as required under existing forest laws and regulations R.A. No. 9175 (Chainsaw Act) - an act regulating the ownership, possession, sale, transfer, purchase, importation and use of chainsaws - chainsaws must be registered with the DENR; those not registered shall be considered illegal and may be confiscated and the owner may be charged in court with illegal possession of chainsaw - took effect on July 19, 2003 R.A. No. 8749 (Philippine Clean Air Act of 1999) -offers comprehensive policy and program for air quality management - established guidelines and standards to be complied with to achieve and maintain healthy air for all Filipinos (owners of vehicles, manufacturers or industrial establishments)

-invisible particulates and toxic fumes in polluted air are inhaled into the respiratory system. This can cause diseases, sickness and irritation of the eyes and throat, dizziness, coughing, chest pains, respiratory distress, and shortness of breath, high blood pressures and pulmonary disease -in 1991, a study conducted by the Asian Development Bank showed that the total suspended particulars (TSP) in the air in Metro Manila exceeded world health organization guidelines by as much as five times the acceptable levels Act No. 2255 Act prohibiting the manufacture, possession, and sale of dynamite and other explosives without a special permit, providing a penalty therefor, and for other purposes Act No. 3767 Act regulating the importation, bringing, or introduction into the Philippines, of living animals, such as insects, birds, crustaceans, bats, mollusks, reptiles, mammals,a nd other animals not falling within the scope of the term domestic animals as provided and defined in Sec. 4 of Act No. 3639 in order to protect the agricultural industries of this country, and for other purposes Act No. 3983 Act to protect wild flowers and plants in the Philippines and to prescribe conditions under which they may be collected, kept, sold, exported, and for other purposes Act No. 3572 Prohibit the cutting of tendalo, akle or molave trees Com. Act No. 73 Act prohibiting killing, hunting, wounding or taking away Bubalus mindorensis, commonly known as Tamaraw R.A. No. 11 Act to prohibit the slaughtering of male and female Carabaos, Horses, Mares and Cows R. A. No. 7307 Act creating the Philippine Carabao Center to Propagate and Promote the Philippine Carabao Republic Act No. 6147 Act declaring the Monkey-Eating Eagle as a protected bird in the Philippines, providing for the preservation of the same Republic Act No. 8485 Act to promote animal welfare in the Philippines, otherwise known as The Animal Welfare Act of 1998 Republic Act No. 8435 The Agricultural and Fisheries Modernization Act of 1997 Republic Act No. 8550 The Philippine Fisheries Code of 1998 Presidential Decree No. 856 Code on Sanitation of the Philippines Presidential Decree No. 1067 The Water Code of the Philippines Republic Act No. 6969 Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990 Republic Act No. 7586 (National Integrated Protected Areas System Act of 1992) NIPAS is the classification and administration of all designated protected areas to maintain essential ecological processes and life-support systems, to preserve genetic diversity, to ensure sustainable use of resources found therein, and to maintain their natural conditions to the greatest extent possible Protected Area- refers to identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against human exploitation National Park - refers to a forest reservation essentially of natural wilderness character which has been withdrawn from settlement, occupancy or any form of exploitation except in conformity with approved management plan and set aside as such exclusively to conserve the area or preserve the

scenery, the natural and historic objects, wild animals and plants therein and to provide enjoyment of these features in such areas Wildlife Sanctuary - comprises an area which assures the natural conditions necessary to protect national significant species, groups of species, biotic communities or physical features of the environment where these may require specific human manipulation for their perpetuation International Tropical Timber Agreement of 1983 -provides a framework for cooperation and consultation between tropical timber producing and consuming members with regard to all relevant aspects of the tropical timber economy - the Philippines was listed as a producer/ exporter of tropical timber entitled to 43/1000 votes

United Nations Convention on the Law of the Sea - Article 192. States have the obligation and preserve the marine environment - Article 194. Measures to prevent, reduce and control pollution of the marine environment Vienna Convention for the Protection of the Ozone Layer 1. What is/are the international policy/ies enunciated in the convention or covenant assigned to you? 2. Identify at least three major rights recognized and identified in the convention or covenant assigned to you. is the idea that people should have rights just because they are human beings. These rights are seen as universal, which means they are meant for everyone, regardless of race, religion, ethnicity, nationality, age, sex, political beliefs (or any other kind of beliefs), intelligence, disability, sexual orientation, or gender identity Some believe human rights are rights you are born with Developing out of the Liberal Enlightenment in Europe and the United States, the concept only began to gain a substantial hegemony in influence over international law and geopolitics after the Second World War, with the introduction of the Universal Declaration of Human Rights by the United Nations General Assembly in 1948. The Universal Declaration of Human Rights (UDHR) is a non-binding declaration adopted by the United Nations General Assembly in 1948, partly in response to the atrocities of WWII The UDHR is now considered to be a central component of international customary law which may be invoked under appropriate circumstances by national and other judiciaries ...the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world Preamble to the Universal Declaration of Human Rights, 1948 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 1 of the United Nations Universal Declaration of Human Rights (UDHR) The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. Human rights are primarily governed by the United Nations Security Council and the United Nations Human Rights Council, and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. UN Treaty Bodies The Human Rights Committee promotes participation with the standards of the ICCPR. The eighteen members of the committee express opinions on member countries and make judgments on individual complaints against countries which have ratified an Optional Protocol to the treaty (International Covenant on Civil and Political Rights)

The Committee on Economic, Social and Cultural Rights monitors the ICESCR and makes general comments on ratifying countries performance. It does not have the power to receive complaints (International Covenant on Economic, Social and Cultural Rights) The Committee on the Elimination of Racial Discrimination monitors the CERD and conducts regular reviews of countries' performance. It can make judgements on complaints, but these are not legally binding. It issues warnings to attempt to prevent serious contraventions of the convention (Convention on the Elimination of All Forms of Racial Discrimination) The Committee Against Torture monitors the CAT and receives states' reports on their performance every four years and comments on them. It may visit and inspect individual countries with their consent (United Nations Convention Against Torture) The Committee on the Rights of the Child monitors the CRC and makes comments on reports submitted by states every five years. It does not have the power to receive complaints (Convention on the Rights of the Child) The Committee on the Elimination of Discrimination against Women monitors the CEDAW. It receives states' reports on their performance and comments on them, and can make judgements on complaints against countries which have opted into the 1999 Optional Protocol (Convention on the Elimination of All Forms of Discrimination Against Women) The Committee on Migrant Workers was established in 2004 and monitors the ICRMW and makes comments on reports submitted by states every five years. It will have the power to receive complaints of specific violations only once ten member states allow it (International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families) The Committee on the Rights of Persons with Disabilities was established in 2008 to monitor the Convention on the Rights of Persons with Disabilities. Human rights abuses Abuse means to hurt someone very badly. Human rights abuse happens when a person is hurt in a way that violates (goes against) his human rights. Human rights abuses are also often called human rights violations. Examples of human rights abuses or violations Putting a person in jail because they said that the government is doing bad things Not letting someone who is a citizen of a country vote because he or she is has the "wrong" kind of attribute Violence toward someone because they have a (or any) religion, or a different religion to the one of the abuser. BASIC RIGHTS (Art. III, 1987 Constitution) The right to life The right not to be tortured, nor subjected to cruel, inhuman or degrading treatment or punishment The right not to be subject to forced labor The right not to be imprisoned for non-payment of debt The right not to be punished for an act which was not yet a crime at the time of its commission The right to be recognized and treated as a person The right to freedom of thought, conscience and religion The right to liberty of abode and the right to travel The right not to have your house searched without a search warrant issued by a Judge, and not to have anything seized which is not specified in the search warrant.

[However, if you are legally arrested, your person and immediate surroundings may be searched for dangerous weapons, and any evidence found on your person or immediate vicinity (only on your person and immediate vicinity) which may have been used to commit the crime for you are being arrested may be seized.] The right to liberty and security of person. You can be deprived of liberty only on grounds and procedures established by the Constitution and existing law. The right not to be arrested except on evidence that a crime has been committed and that you probably committed it. You may be arrested only on the strength of a warrant of arrest issued by a Judge, except: -When you have committed, are actually committing, or are attempting to commit an offense in the presence of the arresting officer; - When an offense has just been committed and the arresting officer has probable cause to believe, based on personal knowledge of facts and circumstances, that you committed the offense; - When you have escaped from prison or detention or while being transferred from one confinement to another. The legality of our arrest must be determined in an inquest proceeding conducted by a civilian prosecutor. The prosecutor, in a summary proceeding, can: a) Order your release (this may or may not be subject to a full-blown preliminary investigation); b) Affirm the legality of your arrest, and prepare the corresponding complaint or information with the trial court. c) Often the inquest prosecutor will ask the person arrested if s/he desires a preliminary investigation; in which case s/he will be asked to sign a waiver. Do not sign the waiver without being duly informed of the nature and consequences of signing it. Signing the waiver may- and often does- mean that you are going to remain in detention, pending a preliminary investigation. It may also mean that you are waiving your right to file case against those who arrested you. While under arrest or detention, if you are questioned or investigated by the police or military, you have the following rights: - To be informed of your right to remain silent and other constitutional rights; - To have competent and independent counsel preferably of your own choice; and - To be provided with counsel if you cannot afford one In all criminal prosecutions, you have the following rights

Not to be compelled to testify against yourself To remain silent and to counsel To be informed of the nature and cause of the accusation against you To have a speedy, public and impartial trial To appeal any conviction To be presumed innocent until the contrary is proved To be present and heard by yourself and counsel To avail of court processes to secure the compulsory attendance of witnesses and the presentation of evidence in your defense To meet the witnesses face-to-face and to cross-examine them The right to a preliminary investigation The rights against double jeopardy Before conviction, the right to bail except for capital offenses when evidence of guilt is strong The right to be treated with humanity and with respect for your personal dignity

To avail of court processes to secure the compulsory attendance of witnesses and the presentation of evidence in your defense To meet the witnesses face-to-face and to cross-examine them The right to a preliminary investigation The rights against double jeopardy Before conviction, the right to bail except for capital offenses when evidence of guilt is strong The right to be treated with humanity and with respect for your personal dignity

10