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Law of Public Officers

Regarding "how are public offices created"

The creation of the Philippine Truth Commission finds justification under Section 17,

Article VII of the Constitution, imposing upo n the President the duty to ensure that the

laws are faithfully executed. The President's power to conduct investigations to aid him in

ensuring the faithful execution of laws - in this case, fundamental laws on public

accountability and transparency - is inherent in the President's powers as Chief Executive.

That the authority of the President to conduct investigations and to create bodies to

execute this power is not explicitly mentioned in the Constitution or in statutes does not

mean that he is bereft of such authority.

The Executive is given much leeway in ensuring that our laws are faithfully executed.The powers of the President are not limited to those specific powers under the

Constitution. One of the recognized powers of the President granted pursuant to this

constitutionally-mandated duty is the power to create ad hoc committees. This flows from

the obvious need to ascertain facts and determine if the laws have been faithfully

executed. It should be stressed that the purpose of allowing ad hoc investigating bodies to

exist is to allow an inquiry into matters which the Presidebt is entitled to know so that he

can be properly advised and guided in the performance of his duties relative to the

execution and enforcement of the laws of the labd. (Biraogo v. Philippibe TruthCommission of 2010, G.R. No. 192935, December 7, 2010)

Meaning ng officer under the RPC, Art. 203

Any person who, by direct provision of the law, popular election or appointment by

competent auhority, shall take part in the performance of public functions in the

Government of the Philippine Islands, or 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.

Vacancy

Vacancy may be OCAA

Original - When an office is created and no one has as yet been chosen to fill it.

Constructive - When the incumbent has no legal right to the office - such as a de facto

officer - and may be legally replaced by another.

Accidental - When the incimbent is separated by any mode other than expiration of he

term, like resignation, death, removal or abandonmeby.

Absolute - When the term of the incumbent having expired, no succession has legally

qualified to replace him.

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(Cruz, The Law of Public Officers, 2010 ed., p.28)

Gawin mo sa table distinction ng career service and non-career service

Career Non career service

Entrance based on merits and fitness except

positions which are

1. Primarily confidential

2. Highly technical

3. Policy determining

Entrance other than that based ob merit and

fitness.

Determined by competitve examination Not determined by competitive examination

Opporunity for advancement to higher careerposition

No such opportunity

Security of tenure

Tenure is limited to a period specified by

law, or which is co-terminous with that of

the appointing authority or subject to his

pleasure, or which is limited to the duration

of a particular project for which purpose

employment was made.

Ad interim

Being a permanent appointment, an ad interim appointee pending action by the

Commission on Appointments enjoy securitg of tenure. (Marombhosar v. CA, G.R. No.

126481, Feb. 18, 2000)

An ad interim appointee, whose term had expired by virtue of inaction by the

Commission on Appointments, may be reappointed to the same position without violating

the Constitutional provision prohibiting an officer whose term has expired from being re-

appointed. (Matibag v. Benipayo, G.R. 130657, Apr. 1, 2002).

Where an appointment requires the approval of the CSC, such appointment may be

revoked or withdrawn by the appointing authority anytime before the approval by the

CSC. After an appointment is completed, the CSC has the power yo recall an appointment

initially approved on any of the following grounds:

1. Non-compliance with procedures/criteria in merit promotional plan;

2. Failure to pass through the selection board.

3. Violation of existing collective relative agreement promotion;

4. Violation of CSC laws, rules and regulations (Debulgado v. CSC, G.R. No. 111471,

Sept. 26, 1994).

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Right to self organization of civil service employees

The right to self organize accorded to government employees shall not carry with it the

right to engage in any form of prohibited concerted activity or mass action causing or

intending to cause work stoppage or service disruption, albeit of temporary nature. (Sec.

4, CSC Resolution No. 021316, 2002)

Impeachment

An impeachable officer who is a member of the Philippine bar cannot be disbarred first

without being impeached. (Jarque v. Desierto, 250 SCRA 11, 1995)