sic itur ad astra

  Chapter VI  Liability of Public Officers General Rule on Liability. A public officer is not liable for injuries sustained by another as a consequence of official acts done within the scope of his official authority , except as otherwise provided by law . Sec. 38(1), Chapter 9, Book I, Administrative Code of 1987 : A public officer shall not be civilly liable for acts done in the performance of his official duties, unless there is a clear showing of bad faith, malice or negligence . Sec. 39, Chapter 9, Book I, Administrative Code : No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the performance of his duties. However, he shall be liable for wilful or negligent acts done by him which are contrary to law, morals, public policy and good customs even if he acted under orders or instructions of his superiors. But under Sec. 24, Local Government Code , it is explicitly provided that local governments and their officials are not e...

  Chapter V  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 power s 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 prom...