Career officers other than those in the career

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Unformatted text preview: onsidered complete. Until then, he has none at all, and for as long as he has not qualified, the holdover officer is the rightful occupant. (Lecaroz v. Sandiganbayan, G.R. No. 130872, Mar. 25, 1999) Q: What are the grounds for disqualification to hold office? A: 1. Mental or physical incapacity 2. Misconduct or commission of a crime 3. Impeachment 4. Removal or suspension from office 5. Previous tenure of office 6. Consecutive terms exceeding the allowable number of terms 7. Holding more than one office (except ex officio) 8. Relationship with the appointing power (nepotism) 9. Office newly created or the emoluments of which have been increased (forbidden office) 10. Being an elective official (Flores v Drilon, G.R. No. 104732, June 22, 1993) 11. Losing candidate in the election within 1 year following the date of election (prohibitions form office not employment); and 12. Grounds provided for under the local government code. 1. De Facto Officers Q: What is the concept of a de jure officer? A: A de jure Officer is one who is in all respects legally appointed or elected and qualified to exercise the office. POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. LAW ON PUBLIC OFFICERS Q: Who is a de facto officer? A: A de facto officer is one who assumed office under the color of a known appointment or election but which appointment or election is void for reasons that the officer was not eligible, or that there was want of power in the electing body, or that there was some other defect or irregularity in its exercise, wherein...
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This document was uploaded on 03/12/2014.

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