Law of Public Officers: Chapter V — Powers and Duties of Public Officers
Powers and Duties of Public Officers
Authority of Public Officers.
The authority of public officers consists of those powers which are:
Expressly conferred upon him by the act appointing him;
Expressly annexed to the office by law; and
Attached to the office by common law as incidents to it.
Under the doctrine of necessary implication, all powers necessary for the effective exercise of the express powers are deemed impliedly granted.
The authority can be exercised only during the term when the public officer is, by law, invested with the rights and duties of the office.
Jandaya v. Ruiz, 95 SCRA 562:
Where the decision penned by Judge Marquez was promulgated by Judge Ruiz after Marquez had already retired, the Supreme Court held that the decision had no binding effect.
Lao v. To Chip, 158 SCRA 243:
The decision promulgated by the division of the Court of Appeals was ruled to be null and void, considering that it was promulgated after the justices had been notified of the acceptance of their resignation.
People v. Garcia, G.R. No. 126252, August 30, 1999:
It was held that although the effectivity of Judge de Guzman’s disability retirement was made retroactive to February 16, 1996, it cannot be denied that at the time the subject decision was promulgated on February 20, 1996, he was still the incumbent judge of the RTC Branch LX of Baguio City, and had, in fact, continued to hold said office and act as judge thereof until his application for retirement was approved in June, 1996.
Accordingly, the decision under review was held to have been validly promulgated.
Ministerial and discretionary powers.
Ministerial:
Oone the discharge of which by the officer concerned is imperative and requires neither judgment nor discretion
The exercise of ministerial powers may be compelled.
Aristorenas v. Molina, A.M. No. P-94-1030, July 4, 1995:
The Sheriff’s role in the execution of judgment is purely ministerial; he has no discretion whether to execute a judgment or not.
Discretionary:
One imposed by law upon a public officer wherein the officer has the right to decide how and when the duty shall be performed.
Mandamus will not lie to compel the performance of a discretionary power.
But where there is grave abuse of discretion, manifest injustice or palpable excess of authority equivalent to a denial of a settled right to which the petitioner is entitled, and where there is no other plain, speedy or adequate remedy, the writ of mandamus will issue
Sharp International Marketing v. Court of Appeals, 201 SCRA 299:
The Supreme Court said that while mandamus will not lie to control discretion, the writ may issue to compel the exercise of discretion, but not the discretion itself.
BF Homes v. National Water Resources Council, 154 SCRA 88:
The Court held that mandamus will not lie to compel a body discharging discretionary powers to act in a particular way, or to approve or disapprove a particular application.
But the petitioner is entitled to a writ that would require the respondent Council to consider and deliberate upon the applications before it, examining in that process whatever evidence lies before it, and to act accordingly, either approving or disapproving the applications, in accordance with applicable law and jurisprudence and in the best interest of the community involved.
Note that in the 2nd par., Sec. 1, Art. VIII, of the Constitution, the courts may review the exercise of discretion, to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction committed by any government agency or instrumentality.
Judgment v. Discretion.
Judgment
It is a judicial function, the determination of a question of law.
There is only one way to be right.
Discretion
It is the faculty conferred upon a court or other officer by which he may decide the question either way and still be right.
But discretion, as exercised, is limited to the evident purpose of the act, i.e., sound and legal discretion, not arbitrary, capricious or oppressive proceedings.
Duties of Public Officers.
General (Constitutional) duties of public officers:
Sec. 1, Art. XI:
To be accountable to the people; to serve them with utmost responsibility, integrity, loyalty and efficiency; to act with patriotism and justice; and to lead modest lives.
Sec. 17, Art. XI:
To submit a declaration under oath of his assets, liabilities and net worth upon assumption of office and as often thereafter as may be required by law.
Sec. 18, Art. XI:
To owe the State and the Constitution allegiance at all times.
Specific cases:
Gonzales v. Chavez, 205 SCRA 817:
The Solicitor General’s duty to represent the government, its offices and instrumentalities and its officials and agents — except in criminal cases or civil cases for damages arising from felony — is mandatory.
Although he has discretion in choosing whether or not to prosecute a case or even withdraw therefrom, such discretion must be exercised within the parameters set by law and with the best interest of the State as the ultimate goal.
Sharp International Marketing v. Court of Appeals, 154 SCRA 88:
The government is not estopped from questioning the acts of its officials, more so if they are erroneous or irregular.
Prohibitions.
Partisan political activity.
Sec. 2(4), Art. IX-B:
No officer or employee of the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign.
The Civil Service Law prohibits engaging directly or indirectly in any partisan political activity or taking part in any election except to vote; or use official authority or influence to coerce the political activity of any person or body.
Armed Forces.
Sec. 5(3), Art. XVI:
The armed forces shall be insulated from partisan politics. No member of the military shall engage directly or indirectly in any partisan political activity, except to vote.
But only active members, not those in the reserve force, are covered by the prohibition
The prohibition does not prevent:
❌ expression of views on current political problems or issues, or
❌ mention of the names of candidates for public office whom public officer supports.
Exempt from this prohibition are those:
Holding political offices, but it shall be unlawful for them to solicit contributions from their subordinates or subject them to any of the acts involving subordinates prohibited in the Election Code.
Members of the Cabinet are, thus, exempt from this prohibition.
This prohibition should be distinguished from the provision of Sec. 79, BP 881 which makes it unlawful for any person or any political party to engage in election campaign or partisan political activity except during the campaign period.
Under Sec. 79, BP 881, election campaign or partisan political activity refers to an act designed to promote the election or defeat of a particular candidate or candidates to public office.
If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a public office by a political party, etc., it shall not be considered as election campaign or partisan political activity.
Additional or double compensation.
Sec. 8, Art. IX-B
No elective or appointive public officer or employee shall receive additional, double, or indirect compensation, unless specifically authorized by law, nor accept without the consent of the Congress, any present, emolument, office or title of any kind from any foreign government.
But note that pensions or gratuities shall not be considered as additional, double or indirect compensation.
Santos v. Court of Appeals, G.R. No. 139792, November 22, 2000:
The Supreme Court said that this provision simply means that the retiree can continue to receive such pension or gratuity even after he accepts another government position to which another compensation is attached.
But he cannot credit his years of service in the Judiciary (for which he now receives his pension or gratuity under RA 910) in the computation of the separation pay to which he may be entitled under RA 7924 for the termination of his last employment.
To allow this would be to countenance double compensation for exactly the same services.
Prohibition against loans.
Sec. 16, Art. XI.
No loan, guaranty, or other form of financial accommodation for any business purpose may be granted, directly or indirectly, by any government-owned or controlled bank or financial institution to the President, the Vice President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions, and the Ombudsman, or to any firm or entity in which they have controlling interest, during their tenure.
Limitation on Laborers.
Shall not be assigned to perform clerical duties.
Detail or reassignment.
No detail or reassignment shall be made within three months before any election without the approval of the Comelec.
Nepotism.
All appointments made in favor of:
a relative of the appointing or recommending authority, or
of the chief of the bureau or office, or
of the persons exercising immediate supervision over him, are prohibited.
The prohibition covers all appointments, including designations, in the national, city and municipal governments, or in any branch or instrumentality thereof, including government owned or controlled corporations with original charters.
Under the Omnibus Rules Implementing E.O. 292, the original appointment — and all subsequent personnel actions, such as promotion, transfer, reinstatement, etc., must conform with the rule against nepotism; otherwise, the prohibition would be rendered “meaningless and toothless”
“Relative” is to be understood to mean those related within the third civil degree by consanguinity or affinity.
Exempt are persons:
employed in a confidential capacity;
teachers;
physicians; and
members of the Armed Forces of the Philippines,
provided that in each particular instance full report of such appointment shall be made to the Commission.
Civil Service Commission v. Dacoycoy, G.R. No. 135805, April 29,1999:
The respondent Vocational School Administrator of Balicuatro College of Arts and Trades was found guilty of nepotism, because although he did not appoint or recommend his two sons to the positions of driver and utility worker of the school, “the unseen but obvious hand of the respondent” was behind the appointment.
Comments
Post a Comment