Statutes setting up administrative authorities 2 body

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Unformatted text preview: ifications of a particular appointee to a public office, “there must be a law providing for the qualifications of a person to be nominated or appointed” therein. The qualification to hold public office may refer to educational attainment, civil service eligibility or experience. One who is under the one year prohibition imposed on losing candidates is disqualified from being appointed during that one year period even if he has the other qualifications. (People v. Sandiganbayan, G.R. No. 164185, July 23, 2008) Q: What are the prohibitions attached to elective and appointive officials in terms of compensation? A: GR: They cannot receive: 1. Additional compensation – an extra reward given for the same office e.g. bonus 2. Double compensation – when an officer is given 2 sets of compensation for 2 different offices held concurrently by 1 officer. 3. Indirect compensation XPN: Unless specifically authorized by law. Note: Specifically authorized means a specific authority particularly directed to the officer or employee concerned. But per diems and allowances given as reimbursement for expenses actually incurred are not prohibited. They cannot accept any present, emolument, office, title of any kind from foreign governments without the consent of Congress Pensions and gratuities are not considered as additional, double, or indirect compensation. (Sec. 7‐ 8, Art. IX‐B, 1987 Constitution) l. ACCOUNTABILITY OF PUBLIC OFFICERS 1. Impeachment Q: What is impeachment? A: It is a method by which persons holding government positions of high authority, prestige, and dignity and with definite tenure may be removed from office for causes closely related to their conduct as public officials. Note: It is a national inquest into the conduct of public men. (Outline on Political Law, Nachura, 2006) Q: Who are the impeachable officers? A: 1. President 2. Vice‐President 3. Members of the Supreme Court 4. Members of the Constitutional Commissions 5. Ombudsman Note: The enumeration is exclusive. (Sec. 2, Art. XI, 1987 Constitution) Q: What are the grounds for impeachment? A: 1...
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This document was uploaded on 03/12/2014.

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