PART II.

Public Officers

A. Public Office

Nature, Purpose and General principles
Public trust; Sec.1, Art. XI, Constitution
Not property. No vested right
Elements
pp. 1-16, Law on Public Officers and Election Laws, De Leon, H., 2014
Modes of acquiring title to public office
pp. 44-112, Law on Public officers and Election Laws, De Leon, H., 2014
Modes and kinds of appointment
Power to remove inherent in the power to appoint.
Lacson v. Romero, Oct. 14, 1949
Who are public officers
Civil Service Commission, 1987 Constitution
Classification. pp. 73-92, Law on Public Officers and Election Laws, De Leon,
H., 2014
Sec.2, Introductory, Administrative Code of 1987
Article 203, Revised Penal Code
Eligibility and qualification requirements
pp. 17-43, Law on Public Officers and Election Laws, De Leon, H., 2014
Disabilities and inhibitions
pp. 219-239, Law on Public Officers and Election Laws, De Leon, H., 2014
Rights, Powers and Duties
Security of tenure
Due process
pp. 114-153, 154-217, Law on Public Officers, De Leon H., 2014
Accountability; Acts and omissions of public officers. Art. XI, 1987 Constitution
Presumption of regularity of acts
Non-estoppel on government
Arts. 203-245, Revised Penal Code
Rep. Act No. 3019. Anti-Graft and Corrupt Practices Act
Rep. Act No. 6713. Code of Conduct and Ethical Standards for Public Officials
Rep. Act No. 7080. Crime of Plunder
Pres. Dec. No. 46. Gifts
Rep. Act No. 1379. Forfeiture
Impeachment
Liabilities
Preventive suspension and back salaries
Illegal dismissal, reinstatement and back salaries
Immunity from Suit
De facto officers
pp. 100-112, Law on Public Officers and Election Laws, De Leon, H., 2014
Termination of official relations
pp. 313-469, Law on Public Officers and Election Laws, De Leon, H., 2014
Civil Service
Scope
Appointments
Personnel actions
Morfe v. Mutuc 22 SCRA 848
Luego v. CSC 143 SCRA 327
Ombudsman. Art. XI, 1987 Constitution
Rep. Act. No. 6770. Ombudsman Act of 1989
Functions
Judicial review: administrative
Judicial review: penal
Sandiganbayan, Art. XIII, 1973 Constitution; Art. XI, 1987 Constitution
Pres. Dec. No. 1606; Rep. Act Nos. 7975 and 8249
Ill-gotten wealth. (see also Rep. Act No. 1379. Forfeiture)