The constitution does not exempt the abovegiven

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Unformatted text preview: ary doctrine. (Alberto V. Reyes, Wilfredo B. Domo‐ Ong and Herminio C. Principio vs Rural Bank of San Miguel (Bulacan), INC., G.R. No. 154499, Feb. 27, 2004) Q: When is this doctrine applicable? A: This doctrine is applicable only whenever a public officer is in the performance of his public functions. On the other hand, this doctrine does not apply whenever a public officer acts outside the scope of his public functions. j. PUBLIC OFFICERS Q: What are the classifications of a public officer? A: A public officer may be: 1. Constitutional or statutory 2. National or local 3. Legislative, executive, or judicial 4. Lucrative or honorary 5. Discretionary or ministerial 6. Appointive or elective 7. Civil or military 8. De jure or de facto Q: What are the elements of a public office? A: 1. Created by law or by authority of law 2. Possess a delegation of a portion of the sovereign powers of government, to be exercised for the benefit of the public 3. Powers conferred and duties imposed must be defined, directly or impliedly, by the legislature or by legislative authority 4. Duties must be performed independently and without the control of a superior power other than the law, unless they be those of an inferior or subordinate office created or authorized by the legislature, and by it placed under the general control of a superior office or body; and 5. Must have permanence of continuity. [Outline on Political Law, Nachura, (2006)] Q: What are the formal requirements of public officers? A: 1. Citizenship 130 2. 3. 4. 5. 6. 7. 8. Age Residence Education Suffrage Civil service examination Ability to read and write Political affiliation as a rule, it is not a qualification XPN: in Party‐List, Membership in the Electoral Tribunal, Commission on appointment Q: When does the right of the public officer to enter in office perfected? A: Upon his oath of office, it is deemed perfected. Only when the public officer has satisfied this prerequisite can his right to enter into the position be c...
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This document was uploaded on 03/12/2014.

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