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    Nachura Law On Public Officers Notes: Powers and Duties of Public Officers

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    Yeshua Tura
    The document outlines the powers and duties of public officers under Philippine law. It discusses the four sources of authority for public officers, including authority expressly conferred by law. It also distinguishes between ministerial and discretionary powers. For discretionary powers, mandamus can be used in limited circumstances like when there is grave abuse of discretion. The duties of public officers include both constitutional duties like accountability to the people as well as prohibitions like restrictions on partisan political activity and nepotism in appointments.

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    Nachura Law On Public Officers Notes: Powers and Duties of Public Officers

    Uploaded by

    Yeshua Tura
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    The document outlines the powers and duties of public officers under Philippine law. It discusses the four sources of authority for public officers, including authority expressly conferred by law. It also distinguishes between ministerial and discretionary powers. For discretionary powers, mandamus can be used in limited circumstances like when there is grave abuse of discretion. The duties of public officers include both constitutional duties like accountability to the people as well as prohibitions like restrictions on partisan political activity and nepotism in appointments.

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    The document outlines the powers and duties of public officers under Philippine law. It discusses the four sources of authority for public officers, including authority expressly conferred by law. It also distinguishes between ministerial and discretionary powers. For discretionary powers, mandamus can be used in limited circumstances like when there is grave abuse of discretion. The duties of public officers include both constitutional duties like accountability to the people as well as prohibitions like restrictions on partisan political activity and nepotism in appointments.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    50 views3 pages

    Nachura Law On Public Officers Notes: Powers and Duties of Public Officers

    Uploaded by

    Yeshua Tura
    The document outlines the powers and duties of public officers under Philippine law. It discusses the four sources of authority for public officers, including authority expressly conferred by law. It also distinguishes between ministerial and discretionary powers. For discretionary powers, mandamus can be used in limited circumstances like when there is grave abuse of discretion. The duties of public officers include both constitutional duties like accountability to the people as well as prohibitions like restrictions on partisan political activity and nepotism in appointments.

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    © All Rights Reserved
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    of 3

    POWERS AND DUTIES OF PUBLIC OFFICERS

    NACHURA LAW ON PUBLIC OFFICERS


    NOTES: POWERS AND DUTIES OF
    PUBLIC OFFICERS
    Published by symba on August 10, 2013 | Leave a response

    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

    o 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


    o writ may issue to compel the exercise of discretion but not the discretion
    itself
    o Courts may review exercise of discretion, to determine if there has been
    GAD amounting to lack or excess of jurisdiction
    o Judgment – judicial functions; determination of a question of law; only
    one way to be right
    o 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

    o To be accountable to the people


    o To serve them with utmost responsibility, loyalty and efficience
    o To act with patriotism and justice
    o To lead modest lives
    o To submit a declaration under oath of his assets, liabilities and net worth
    upon assumption of office and as often as may be required
    o 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

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