Under art x sec 8 voluntary renunciation of the

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Unformatted text preview: S, 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 SolGen may only do so in suits for damages arising not from a crime but from the performance of a public officer’s duties. (Vital‐ Gozon v. Court of Appeals, G.R No. 101428 , Aug. 5, 1992) h. LIABILITIES OF PUBLIC OFFICERS 1. Preventive Suspension and Back Salaries 2. Illegal Dismissal, Reinstatement and Back Salaries Q: State the three‐fold responsibility/liability of public officers. A: 1. Criminal liability 2. Civil liability 3. Administrative liability Q: Are public officers liable for injuries sustained by another in the performance of his official acts done within the scope of his authority? A: GR: No. XPNs: 1. Otherwise provided by law; 2. Statutory liability under the Civil Code (Articles 27, 32, & 34); 3. Presence of bad faith, malice, or negligence; 4. Liability on contracts entered into in excess or without authority; 5. Liability on tort if the public officer acted beyond the limits of authority and there is bad faith (United States of America v. Reyes, G.R. No. 79253, Mar. 1, 1993). Q: What are the liabilities of ministerial officers? A: 1. Non‐feasance – Neglect to perform an act which is the officer's legal obligation to perform. 2. Misfeasance – The failure to observe the proper degree of care, skill, and diligence required in the performance of official duty; and 3. Malfeasance – Performance of an act which the officer had no legal right to perform. Q: What is the doctrine of Command Responsibility? A: This doctrine provides that a superior officer is liable for the acts of his subordinate in the following instances: 1. He negligently or willfully employs or retains unfit or incompetent subordinates; 2. He negligently or willfully fails to require his subordinates to conform to prescribed regulations; 3. He negligently or carelessly oversees the business of the office...
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