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The Law On Public Officers I. The Concept of Public Office A. Definitions

This document discusses the law on public officers in the Philippines. It defines public office as a position of authority in the government that involves the exercise of some portion of the sovereign power and duties of the state. Public offices are created to serve public interests rather than private interests. While public officers have security of tenure, public office is considered a public trust rather than a property right or contractual right. The document outlines the requirements to hold an appointive or elective public office in the Philippines.

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72 views1 page

The Law On Public Officers I. The Concept of Public Office A. Definitions

This document discusses the law on public officers in the Philippines. It defines public office as a position of authority in the government that involves the exercise of some portion of the sovereign power and duties of the state. Public offices are created to serve public interests rather than private interests. While public officers have security of tenure, public office is considered a public trust rather than a property right or contractual right. The document outlines the requirements to hold an appointive or elective public office in the Philippines.

Uploaded by

UP law
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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THE LAW ON PUBLIC OFFICERS

I. THE CONCEPT OF PUBLIC OFFICE

A. Definitions
Mechem, Floyd R., A Treatise on the Law of Public Offices and
Officers, (1890)
CONST., Art. XI, Sec. 1
Exec. Order No. 292 (1987) or the Administrative Code of 1987, Book
I, Chapter 9, Sec. 32
1. Meaning of “Public Office”
Javier v. Sandiganbayan, 599 SCRA 324 [2009]
Laurel v. Desierto, 381 SCRA 48 [2002]
People v. Morales, 649 SCRA 182 [2011]
Preclaro v. Sandiganbayan, 247 SCRA 45 [1995]

B. Purpose and Nature/Characteristics


1. Public Office as a Public Trust
2. Public Office not Property, not a Contract
3. Security of Tenure in Public Office as Property for Purposes of Due
Process
National Land Titles and Deeds Registration Administration v.
Civil Service Commission, 221 SCRA 145

C. Requirements
1. Appointive and Elective Public Office
Fariñas v. The Executive Secretary, 417 SCRA 503 (2003)
2. Nature of the Power to Appoint
Pimentel v. Ermita, G.R. No. 164978, 13 October 2005

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