Immunityofpublicofficers qwhatisimmunity a an

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Unformatted text preview: Government, or any subdivision, agencies or instrumentalities including GOCCs, or their subsidiaries. These shall also apply to the Ombudsman and his deputies during his term. Q: What is the rule against the appointment of members of the official family of the President? A: The spouses and relatives by consanguinity or th affinity within the 4 civil degree of the President shall not be appointed as members of the Constitutional Commissions, Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices, including GOCCs and their subsidiaries during his tenure. (Sec. 13, Art. VII, Constitution) Q: As an exception to the rule against holding 2 or more positions, which public officers are allowed by the Constitution to hold other positions in the Government? A: The Vice‐President being appointed as a member of the Cabinet under Section 3, par. (2), Article VII; or acting as President in those instances provided under Section 7, pars. (2) and (3), Article VII; and, the Secretary of Justice being ex‐officio member of the Judicial and Bar Council by virtue of Section 8 (1), Article VIII. Thus, the Supreme Court held in Civil Liberties Union v Executive Secretary (194 SCRA 317), that while all other appointive officials in the Civil Service are allowed to hold other office or employment in the government during their tenure when such is allowed by law or by the primary functions of their positions, members of the Cabinet, their ACADEMICS 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 123 UST GOLDEN NOTES 2011 deputies and assistants may do so only when expressly authorized by the Constitution itself. Q: What are the other prohibitions imposed on public officers? A: 1. Prohibit...
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This document was uploaded on 03/12/2014.

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