COMMENCEMENT OF OFFICIAL RELATIONS


COMMENCEMENT OF OFFICIAL RELATIONS

Official relations are commenced:

1)Appointment
2)Election

  • Appointment – selection by the authority vested with the power, of an individual who is to perform the functions of a given office.

Commission – – written evidence of appointment

Designation – – imposition of additional duties

Classification

1)Permanent – Extended to person possessing the requisite qualifications

-Security of tenure

2) Temporary – Acting appointment

– May not possess the requisite qualifications for eligibility

– Revocable at will, without necessity of just cause or a valid investigation

– Acquisition of the appropriate civil service eligibility by a temporary appointee will not ipso facto convert the temporary appointment into a permanent one; new appointment is necessary

– Appointment to a position in the Career Service of the Civil Service does not necessarily mean that the appointment is a permanent one – depend on the nature of the appointment which in turn depends on the appointee’s eligibility or lack of it.

– Acceptance by petitioner of a temporary appointment resulted in the termination of official relationship with his former permanent position.

– Temporary appointment shall not exceed 12 months.

– Mere designation does not confer security of tenure – person designated occupies the position only in an acting capacity.

– Appointment is subject to conditions, appointment is not permanent.

– Appointee cannot claim a complete appointment as long as the re-evaluation incidental to the re-organization is still pending.

– “unless terminated sooner” – even if co-terminous with the project, it is nevertheless subject to the appointing authority.

– Where temporary appointment is for a FIXED period, appointment may be revoked only at the expiration of the period OR if before, it must be for a valid and just cause.

3) Regular – One made by the President while Congress is in session after the nomination is confirmed by the Commission on Appointments and continues until the end of the term.

4) Ad-interim – Made while Congress is not in session, before confirmation by the Commission on Appointments, is immediately effective

– Ceases to be valid if disapproved or bypassed by COA upon next adjournment of Congress

– Permanent appointment

– That it is subject to confirmation, does not alter its permanent character.

-Regular and Ad-interim Classification may be used only when referring to the following:

1) Heads of Executive Department;
2) Ambassadors and other Public Ministers and Consuls
3) Officers of the AFP, from rank of colonel or naval captain
4) Officers whose appointments are vested in the President under the Constitution.

Steps in Appointing Process

For REGULAR Appointments (subject to CA confirmation)

1) Nomination by President
2) Confirmation by CA
3) Issuance of the Commission
4) Acceptance by the appointee

AD-INTERIM Appointment

1) Nomination by President
2) Issuance of the Commission
3) Acceptance by the appointee
4) Confirmation by CA

DO NOT require Confirmation

1) Appointment by Appointing Authority
2) Issuance of the Commission
3) Acceptance by the Appointee

– A person cannot be compelled to accept an appointment EXCEPT when the appointment is made to an office required in defense of the State

– Where appointment is to the CAREER SERVICE of the CIVIL SERVICE, attestation by the Civil Service Commission is required. Otherwise, not deemed complete. Appointment not submitted to the CSC w/in 30 days from the issuance (date appearing on the face of the appointment) shall be ineffective.

– CSC is authorized to check of the appointee possesses the qualifications and appropriate eligibility; if he does, appointment must be approved; of not, it is disapproved.

– Appointment is complete when the last act required of the appointing power is performed; until the process is completed, appointee can claim no vested right in the officer nor claim security of tenure.

– Appointment to be valid, position must be vacant.

Elements of Public Office


Elements of Public Office

(1)  Must be created either by

(a)  the Constitution,

(b) the Legislature, or

(c) a municipality or other body through authority conferred by the Legislature;

(2)  Must possess a delegation of a portion of the sovereign power of

government, to be exercised for the benefit of the public;

(3)  The powers conferred and the duties discharged must be defined, directly or

impliedly by the Legislature or through legislative authority;

(4)  The duties must be performed independently and without control of a

superior power other than the law;

ExceptionIf the duties are those of an inferior or subordinate office, created or authorized by the Legislature and by it placed under the general control of a superior office or body;

(5)  Must have some permanency and continuity

Note:  This is not to be applied literally.  The Board of Canvassers is a public office, yet its duties are only for a limited period of time.

(cf. Barney v. Hawkins)

Purpose and Nature of Public Office


Purpose:

A public office is created to effect the end for which government has been instituted which is the common good;  not profit, honor, or private interest of any person, family or class of persons (63 A Am Jur 2d 667)

Nature:

(1)  A public office is a public trust. (Sec. 1, Art. XI, 1987 Constitution)

(2) It is a responsibility and not a right.  (Morfe v. Mutuc)

Vested right to public office


 

Vested right to public office; Public Office is not a public property 

  1. The constitutional principle of a public office as a public trust precludes any proprietary claim to public office.
  2. Holder is subject to removal or suspension according to law. Also, the holder acquires no vested right in the office.
  3. But the holder has a right in the nature of privilege entitled to protection.

Liability of Subordinate Officers


Liability of Subordinate Officers

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 willful 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.

Liability of Superior Officers


Liability of Superior Officers

(1) 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 gross negligence.

(2) Any public officer who, without just cause, neglects to perform a duty within a period fixed by law or regulation, or within a reasonable period if none is fixed, shall be liable for damages to the private party concerned without prejudice to such other liability as may be prescribed by law.

(3) A head of a department or a superior officer shall not be civilly liable for the wrongful acts, omissions of duty, negligence, or misfeasance of his subordinates, unless he has actually authorized by written order the specific act or misconduct complained of.

Powers Incidental to Taking of Testimony


Powers Incidental to Taking of Testimony

When authority to take testimony or receive evidence is conferred upon any administrative officer or any non-judicial person, committee, or other body, such authority shall include the power to administer oaths, summon witnesses, and require the production of documents by a subpoena duces tecum.