A the vicepresident being appointed as a member of

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Unformatted text preview: which for a given period, either fixed by law or enduring at the pleasure of the creating 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 (Fernandez v. Sto. Tomas, G.R. No. 116418, Mar. 7, 1995). Q: How are public offices created? A: By: 1. The Constitution 2. Valid statutory enactments 3. Authority of law (Secretary of Department of Transportation and Communications v. Mabalot, G.R. No. 138200, Feb. 27, 2002) Q: What are the elements of a public office? A: PILAC 1. Created by Constitution or by law or by somebody or agency to which the power to create the office has been delegated; 2. Invested with Authority to exercise some portion of the sovereign power of the State 3. The powers conferred and the duties to be discharged must be defined directly or impliedly by the Legislature or through legislative authority; 4. Duties are performed Independently without control unless those of a subordinate. 5. Continuing and Permanent (Fernandez v. Sto. Tomas, G.R. No. 116418, Mar. 7, 1995; Tejada v. Domingo, G.R. No. 91860, Jan. 13, 1992) Q: President Benigno Aquino III issue Executive Order No. 1 creating the Philippine Truth Commission (PTC). The legality of the creation of the PTC was assailed before the Supreme Court. The petitioners contend that the PTC is a public office and thus the president is without authority to create it. It was further contended that the creation of a public office lies within the province of the legislature. The Office of the Solicitor General (OSG) countered that the creation of a fact‐finding body like the PTC is 118 covered by the President’s power of reorganization under the Administrative Code and the President’s power of control. The OSG likewise contends that Congress has delegated to the President the power to create public offices by virtue of P.D. 1416, as amended by P.D. 1772. Does the creation of the PTC fall within the ambit of t...
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