PUBLIC OFFICERS

what is the effect of an office created to

illegally delegated powers?
A. The office have no Existence

 Voluntary service is considered a public

Officer
Illustrations:
laborer issuing summons and subpoenas for
traffic violations was convicted of bribery.

who are not considered Public officers?

A. 1.Special policemen salaried by private
entity
2. forest guards
3. company Cashier of private corp.

can you be compelled to accept public

office?
A. No
E. personal military or civil service

DE FACTO OFFICERS
1. without known appointment or election
2. failed to conform to requirements
DE JURE OFFICERS
1. legally appointed or elected
2. conform to requirements

examples:
1. a mayor continues to perform his acts
before he was appointed as an acting
mayor.
2.lawyer filed an information instructed by a
provincial governor.
3.counselor who act as a mayor by an
officer other than the proper appointing
authority

Quo Warranto Proceddings ? who may file?

1. persons entitled to the office
2. RP by Solicitor General, Public
Prosecutor

Liabilities (acts)
1. usurpation or unlawfully holding of office
2. exercising functions of public office
without lawful right
3. not being qualified

ELIGIBILITY
1. Civil Service Law
2. Appointments
3. Elections

Appointments (no need of confirmation)

1. Members of the SC
2. Judges of the lower courts
3. ombusdman and his deputies

1.can an alien be eligible for Public office?

2. what happens when the qualifications
was lost?
3. effect of pardon for disqualification to hold
office?
4. how about if aquited?

rules on effects of pardon.

1. secure a reappointment before he can
assume his former position
2. pardon convicted PO is not entitled to
back pay during the period of suspention.

Rules on Appointments
1. CSC is to review only the requirements or
if properly observed
2. cannot attest except if not qualified
3. Appointments can be done only if vacant
4. excessive authority or discretion to issue
promotion what will be the remedy?

Midnight Appointments
1. 2 months before the next presidential
election.

Authorized to take oath

1. notaries public
2. judges
3. clerk of court
4. SH/S
5. Bureau Directors
6. Register of deeds
7. provincial governor
8. city mayor
9. municipal Mayor
10. any other office in the service of the government

what is the doctrine of hold over?

Administrative Cases
1. only on non Presidential Appointees
Grounds for Administrative Cases.

where to file
1. CSC or instrumentalities, provinces, cities
and municipalities for officers under their
jurisdiction

Procedure for Officials

1. by sworn written complaint by secretary,
head office of equivalent rank, head of
local government, chief of agencies or
regional directors.
2. sworn Statements covering his testimony
and those of his witnesses together with
his documentary evidence.