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Law On Public Officers

This document discusses how individuals can become public officers through either election or appointment, and the various ways a public officer's term can end, such as expiration of their term, resignation, removal from office, or abolition of the office. It also distinguishes between holding an incompatible office that requires forfeiting one's current position, versus a forbidden office where one cannot be appointed to an office created or with increased pay during their current term.

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Imelda Arreglo-Agripa
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259 views2 pages

Law On Public Officers

This document discusses how individuals can become public officers through either election or appointment, and the various ways a public officer's term can end, such as expiration of their term, resignation, removal from office, or abolition of the office. It also distinguishes between holding an incompatible office that requires forfeiting one's current position, versus a forbidden office where one cannot be appointed to an office created or with increased pay during their current term.

Uploaded by

Imelda Arreglo-Agripa
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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HOW DO YOU BECOME A PUBLIC OFFICER? -Either elective or appointed.

De facto officer- is one whose acts, though not those of a lawful officer, but for reasons of public policy and justice, the law would consider valid if the acts are performed under any of the following circumstances: By reason of acquiescence or reputation that his acts are considered valid He might have been elected/appointed but his election was irregular or he was appointed by one who had no authority to appoint and he performed public functions. He was appointed/elected but he failed to perform some acts required by law before he could assumed public functions. Like, taking of an oath or file a bond Validly elected/appointed under a law but the law under which he was elected or appointed was declared unconstitutional.

No colorable title De Jure officer- one who is regularly elected or appointed How does public officer ends? Modes of Termination of Official Relations Natural Causes 1.Expiration of the term or tenure of office 2.Reaching the age limit ( retirement) 3.Death or permanent disability Acts / Neglect of Officer 1.Resignation 2.Acceptance of an incompatible office 3.Abandonment of Office 4.Prescription of Right to Office Acts of the Government or People 1.Removal 2.Impeachment 3.Abolition of Office 4.Conviction of a crime 5. Recall Distinction between Incompatible and forbidden

Incompatible office. No legislator is allowed to hold office or positions in any government agency including government-owned or controlled corporations without forfeiting his seat in the Congress. Forbidden office. No members of the Congress shall be appointed to any office in the government that has been crated or the emoluments thereof have been increased during his term.

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