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Unformatted text preview: ICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 125 UST GOLDEN NOTES 2011 f. POWERS AND DUTIES OF PUBLIC OFFICERS Q: What powers may be exercised by public officers? A: 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. Q: What is the Doctrine of Necessary Implication? A: All powers necessary for the effective exercise of the express powers are deemed impliedly granted. (Pimentel v. COMELEC, G.R. No. L‐53581, Dec. 19, 1980) Q: Is there any protection in the exercise of this power? A: Yes. A public officer has some measures of immunity and he would not incur liabilities provided he does an act within the scope of his authority and in good faith. (Sanders v. Veridiano II,G.R. No. L‐46930, Jun 10, 1988) Q: What are the kinds of duties of public officers? A: MINISTERIAL Discharge is imperative and it must be done by the public officer Can be compelled by mandamus Can be delegated DISCRETIONARY
Public officer may do whichever way he wants provided it is in accordance with law and not whimsical Cannot be compelled by mandamus except when there is grave abuse of discretion Cannot be delegated unless otherwise provided by law Q: What are the duties of public officers? A: 1. To be accountable to the people; 2. To serve the people with utmost responsibility, integrity, and efficiency; 3. To act with patriotism and justice and to lead modest lives; 4. To submit a declaration under oath of his assets, liabilities, and net worth upon assumption of office and as often thereafter as may be required by law; 126 5. To owe the State and the Constitution allegiance at all times. g. RIGHTS OF PU...
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