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Unformatted text preview: ve relative agreement to promotion; 4. Violation of CSC laws, rules and regulations (Debulgado v. CSC, G.R. No. 111471, Sept. 26, 1994) Q: Distinguish term from tenure. A: TERM
Fixed and definite period of time which the law prescribes that an officer may hold an office. TENURE Period during which the incumbent actually holds the office. Q: What are the three (3) kinds of terms? A: 1. Term fixed by law 2. Term dependent on good behavior until reaching retirement age 3. Indefinite term, which terminates at the pleasure of the appointing authority. (Borres v. Court of Appeals, G.R. No. L‐
36845, Aug. 21, 198; Ruben E. Agpalo, Administrative Law, Law on Public Officers and Election Law, 2005 ed., p. 304) Q: What is the concept of “hold‐over”? A: In the absence of an express or implied constitutional or statutory provision to the contrary, an officer is entitled to hold office until his successor is elected or appointed and has qualified. (Lecaroz v. Sandiganbayan, G.R. No. 130872, Mar. 25,1999) d. ELIGIBILITY AND QUALIFICATION REQUIREMENTS Q: What are the requirements for public office? A: 1. Eligibility – It is the state or quality of 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 2. being legally fit or qualified to be chosen. Qualification – This refers to the act which a person, before entering upon the performance of his duties, is by law required to do such as the taking, and often, subscribing and filing of an official oath, and, in some cases, the giving of an official bond. It may refer to: a. En...
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