See UST v Board of Tax Appeals GR No 5701 1953 Methods of Organizing Public

See ust v board of tax appeals gr no 5701 1953

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within the powers of Congress. [ See UST v. Board of Tax Appeals, G.R. No. 5701 (1953) ] Methods of Organizing Public Offices Method Composition Efficiency Single-head There is one head assisted by subordinates. Swifter decision and action but decisions might be hastily made Board System There is a collegial body for formulating polices and implementing programs. Mature studies and deliberations but may be slow in responding to issues and problems B. MODIFICATION AND ABOLITION OF PUBLIC OFFICE General Rule: The power to create an office includes the power to modify or abolish it. (Hence, the power to modify or abolish an office is also primarily legislative.) Exception : Where the Constitution prohibits such modification/abolition. Abolishing an office also abolishes unexpired term: The legislature’s abolition of an office (e.g. a court) also abolishes the unexpired term. The legislative power to create a court carries with it the power to abolish it. [ Ocampo v. Sec. of Justice, G.R. No. 7910 (1955) ] 4. WHO ARE PUBLIC OFFICERS A. WHO ARE PUBLIC OFFICERS Generally, one who holds a public office. [D E L EON ] “Public official” is ordinarily synonymous with “public officer.” [ Id. ] “Public officer” has also been defined by statutes. Note that the statutory definitions below are not all-encompassing, and apply primarily with respect to the respective statutes themselves (e.g. the definition of “public officers” in the Revised Penal Code is most relevant with regard to the provisions of the Revised Penal Code). i. Under R.A. No. 3019 (b) "Public officer" includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph. [ Sec. 2(b), R.A. No. 3019 (Anti- Graft and Corrupt Practices Act ] "Government" includes “the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches.” [ Sec. 2(a), R.A. No. 3019 ] ii. Under the Revised Penal Code Who are public officers. - For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer. [ Art. 203, Revised Penal Code ] The definition includes temporary employees for as long as they perform public functions. Hence, a laborer temporarily in charge of issuing summons and subpoenas for
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UP LAW BOC PUBLIC OFFICERS POLITICAL LAW PAGE 197 OF 413 traffic violations in a judge's sala may be convicted for bribery under the Revised Penal Code. [ People v.
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