PUBLIC OFFICERS - ADMIN LAW || with 100% Verified Solutions.
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PUBLIC OFFICERS - ADMIN LAW
Institution
PUBLIC OFFICERS - ADMIN LAW
Define PUBLIC OFFICE correct answers 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, and individual is invested with some portion of the sovereign functions of the government, to be...
PUBLIC OFFICERS - ADMIN LAW || with 100% Verified Solutions.
Define PUBLIC OFFICE correct answers 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, and individual is invested with some portion of the sovereign functions of the government, to be exercised by him for benefit of the public.
Public office is not property of the office holder within the meaning and contemplation of the due process requirements of the constitution.
ESSENTIAL ELEMENTS OF PUBLIC OFFICERS
C-AE-PF-Du-CP correct answers 1. By the CONSTITUTION or by LAW.
2. AUTHORITY and EXERCISE of sovereign power.
3. POWER and FUNCTION are defined by the Constitution.
4. The DUTIES pertaining are performed independently, without control of superior power other
than law.
5. CONTINUITY and PERMANENCY
CREATION OF PUBLIC OFFICE [C-S-TB-CongPre] correct answers 1. GENERALLY a. By the CONSTITUTION, STATUTE, TRIBUNAL BODY.
b. By the Congress
i. Exigencies of government it is necessary to create and define duties.
ii. An office created by the legislature is wholly within the power of the body. Can fit and abolish
the office.
c. By the PRESIDENT
i. Bureaus, agencies or office in executive department
MODIFICATIONS OR ABOLITION OF PUBLIC OFFICE [CO-CO] correct answers 1. OFFICE CREATED BY THE CONGRESS
a. The power to create an office generally includes the power to modify or abolish it.
b. The power is inherently legislative.
c. Power to fix the number of positions and the salaries or emoluments of the holders thereof and
to provide funds for the offices created. 2. OFFICES CREATED BY THE CONSTITUTION
a. Constitutional offices may be modified or abolished by the people through a constitutional provision.
EXERCISES OF SOVEREIGN POWERS AND FUNCTION.[P-O-E-A] correct answers 1. One
of the most important criteria of public office
a. exercise some portion of the sovereign power of the State 2. Authority conferred by law
3. Extent of authority not material. 4. Presumption of regularity of official acts. TENURE AND DURATION [E-C-P] correct answers 1. Existence of definite tenure not material
a. The duration of tenure need not be for a fixed period, but may be at the pleasure of the appointing power. 2. Continuance of office holder not material.
3. Permanence of office not material.
MEANING OF OFFICER/PUBLIC [O-E] correct answers 1. Officer - required by law to be elected or appointed who a designation or title has given to him by law, and who exercises functions concerning the public, assigned to him by law.
2. Employee any person in the service of the government. (Not a clerk)
OFFICER AND EMPLOYEE DISTINGUISHED [PO-RPC] correct answers 1. In the law of public officer greater importance, dignity, and independence of his positions.
2. Under the Revised Penal Code.
CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC OFFICERS correct answers 1. As to nature
of functions: (Co-M)
a. Civil office — it covers any kind of a public office, whether executive, legislative, or judicial. b. Military office
2. As to creation: (CS)
a. Constitutional office
b. Statutory office
3. As to the department of government to which it belongs: (L-E-J)
a. Legislative office
b. Executive office
c. Judicial office
4. As to branch of government served: (NAT-LOC)
a. National office
b. Local office
5. As to whether exercise of discretion is required: (QJO- MinOff)
a. Quasi-judicial office
b. Ministerial office
6. As to compensation: a. Lucrative office, office of profit, or office coupled with an interest. It includes any office to which salary, compensation or fees are attached. b. Honorary office no compensation.
Meaning of eligibility/eligible/ineligibility/ineligible correct answers Eligibility
1. The state or quality of being legally fitted or qualified to be chosen
2. Eligibility to a public office is of a continuing nature and must exist both at the commencement and during the occupancy of an office.
Eligible
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