SOURCE OF POWERS AND AUTHORITY of PUBLIC OFFICE bureaus and other offices under their respective On the other

heir respective On the other hand, one who becomes a PO de facto in

Under our political system, the entire source of public jurisdictions in the executive department; or good faith and renders the services required of the
governmental authority is found in the people themselves.  Power of supervision. Supervisory power, when office, is legally entitled to the emoluments of the
Either directly or through their chosen representatives, they contrasted with control (which includes the power to office.
create such offices and agencies as they deem to be desirable supervise), is the power of mere oversight over an 3. From the usurper or intruder. One who intrudes into
for the administration of the public functions, and declare in inferior body. It does not include any restraining or usurps a PO has no right to the salary or
what manner and by what persons they shall be exercised. authority over such body. A supervising officer merely emoluments attached to the office. He stands even in
They prescribe the quantum of power to be attached to each sees to it that the rules are followed, but he himself a less favorable position than an officer de facto. The
department, and the conditions upon which its continuation does not lay down such rules, nor does he have the rule that holds the latter liable to the de jure officer
depends. Their will, in these respects, finds its expression in discretion to modify or replace them. If the rules are should and does apply with more strictness to one who
the Constitution and the laws. The right to be apublic officer, not observed, he may order the work done or re-done usurped the office, and in case the compensation or
then, or to exercise the powers and authority of a public to conform to the prescribed rules. He cannot emoluments of the office are paid to him, he becomes
office, must find its source in some provision of the law. prescribe his own manner for the doing of the act. liable for them to the de jure officer, in an action for
SCOPE OF POWER OF A PUBLIC OFFICER money he had received.
The authority of a public officer in any given case consists of REMEDY TO COMPEL EXERCISE OF DUTY
those powers which are: Where a clear duty is imposed upon a PO and an unnecessary DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS
1. Expressly conferred upon him by the law under which and unreasonable delay in the exercise of such duty occurs, DISABILITIES OF PRESIDENT, VICE-PRESIDENT, MEMBERS OF
he has been appointed or elected the courts will intervene by the extraordinary legal remedy of CABINET
2. Expressly annexed to the office by the law which mandamus to compel action. 1. They shall not hold, unless otherwise provided in the
created it or some other law referring to it; or Constitution itself, any other office or employment
3. Attached to the oofice as incidents to it. DELEGATION OF DISCRETIONARY POWERS 2. They shall not practice any other profession
In general, the powers and duties of public officers are In those cases in which the proper execution of the office 3. They shall not participate, directly or indirectly, in any
prescribbed by the Constitution or by statute or both. Public requires, on the part of the PO, the exxercise of judgement or business
officers have only those powers are desirable, they must be discretion, the presumption is that he was chosen because he DISABILITIES OF MEMBERS OF CONGRESS
conferred by the proper authority. They cannot merely be was deemed fit and competent to exercise that judgement 1. No one shall hold any other office or emplyment in the
assumed by administrative officers, nor can they be created by and discretion. Unless the power to substitute another in his Government, or any subdivision, agency, or
the courts in the proper exercise of their judicial functions. placehas been given to him, a PO cannot delegate his duties to instrumentality thereof, including government-owned
TERRITORIAL LIMITATION OF AUTHORITY OF Pos another. or controlled corporations or their subsidiaries, during
1. Limited to territory where las has effect – has his term without forfeiting his seat.
sovereign force NORMS OF CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES 2. Prohibition against financial interest. Appearances as
2. Action at a place not authorized by law ordinarily 1. Public office is a public trust counsel before any court of justice. The purpose is to
invalid 2. Standards of personal conduct remove any possibility of influence upon the judges of
CLASSIFICATIONS OF POWERS AND DUTIES 3. Commitment to public interest these courts or heads of members of these bopides
1. From their nature 4. Professionalism who might be swayed in their decisions by their hope
 Ministerial – official duty is ministerial when it is 5. Justness and sincerity for future appointments to higher positions.
absolute, certain, and imperative involving merely 6. Political neutrality 3. Prohibition against designation of members of judiciary
execution of specific duty arising from fixed and 7. Responsiveness to the public to administrative positions. The following reasons are:
designated facts. Where the officer or official body has 8. Nationalism and patriotism a. Such designation violates the doctrine
no judicial power or discretion as to the interpretation 9. Commitment to democracy of separation of powers JUDICIARY –
of the law, and the course to be pursued is fixed by 10. Simple living EXECUTIVE
law, their acts are ministerial only. A ministerial act is b. It may compromise the independence of
one which a person performs on a given statement of DUTIES OF PUBLIC OFFICERS the members in the performance of
facts, and in a prescribed manner, in obedience to the 1. In general their judicial functions; and
mandate of legal authority, whithout regard to, or the a. Duty to obey the law c. With so many cases pending in courts,
exercise of, his own judgement upon the propriety or b. Duty to accept and continue in office the practice will result in further delay in
impropriety of the act done. c. Duty to accpet burden of office their disposition.
 Discretionary – discretionary or judicial duties are such d. Duty as to diligence and care 4. Prohibition against engaging in partisan political
as necessarily require the exercise of reason in the e. Duties in choice and supervision of activities. Contrary to the Constitution
adaptation of means to an end, and discretion in subordinates 5. Prohibition against receiving additional, double, or
determining how or whether the act shall be done or 2. Ethical Duties indirect compensation.
the course pursued. Discretion in the manner of the a. Duty as to outside activities 6. Prohibition against grant of loan, guaranty or other
performance of an act arises when the act may be b. Duty where personal interest is involved form of financial accomodation.
performed in one of two or more ways, either of which 7. Nepotism
would be lawful, and where it is left to the will or Duty to make financial disclosure 8. Prohibited business and pecuniary interest
judgement of the performer to determine in which 9. Prohibition of practice of profession
way it will be performed. COMPENSATION 10. Prohibition agaisnnt purchase of certain property at
2. From the standpoint of the obligation of the officer to 1. From the government – A de jure officer cannot, for public auction
perform his powers and duties. They are denominated the most part, recover from the government salary or
as: compensation which has been paid to a de facto LIABILITIES
 Mandatory – Powers conferred on Pos are generally officer. It is a matter of simple justice that the 1. Nonfeasance – or the neglect or refusal,
construed as mandatory although the language may be emoluments must go to the person (de facto officer) without sufficient excuse, to perform an act
permissive, where they are for the benefit of the public who actually rendered the service unless the contrary which it was the officer’s legal duty to the
or individuals. Thus, where the provisions of a statute is provided. Thus, a candidate who assume office in individual to perform
relating to Pos are intended for the protection of the perfect good faith after he was duly proclaimed 2. Misfeasance or the failure to use, in the
citizen, and to prevent a sacrifice of his property, and elected is entitled to retain the compensation paid him performance of a duty owing to an individual,
by a disregard of such provisions his rights might be during his incumberncy notwithstanding a protest filed that degree of care, skill and diligence which
and generally would be injurious affected, they are not againts him for his assumption and tenure cannot be the circumstances of the case reasonable
directory but mandatory; or considered “wrongful”, considering that he would have demand; and
 Permissive – Statutory provisions define the time and been subjected to a penalty had he not accepted the 3. Malfeasance or the doing, either through
mode in which Pos will discharge their duties, and office. But where the government continues to pay ignorance, inattention or malice, of that which
those which are obviously designed merely to secure the officer de facto after the notice of adjudication of the officer has no legal right to do at all, as
order, uniformity, system, and dispatch in public the protest in favor of the officer de jure, the latter where he acts without any authority whatever,
business, are generally deemed directory. Mere may recover from the government the amount so paid or exceeds, ignores or abuses his powers.
authorization to perform an act does not impose a after such adjudication and notice. In cases where
mandatory duty upon a PO. If the act does not affect there is no de jure officer, a de facto officer who is in TERMINATION OF PUBLIC OFFICERS
third persons and is not clearly beneficial to the public, good faith, has possession of the office, and has 1. Expiration of the term or tenure of office
permissive words will not be construed as mandatory. discharged the duties pertaining thereto, is legally 2. Reaching the age limit (retirement)
3. From the standpoitn of the relationship of the officer entitled to the emolument of the office, and may, in an 3. Death or permanent disability
to his subordinates – the power may be either appropriate action, recover the salary or compensation 4. Resignation
 Power to control. It implies the power of an officer to attached to the office. This doctrine is undoubtedly 5. Acceptance of an incompatible office
manage, direct or govern, including the power to alter supported on equitable grounds, since it seems unjust 6. Abandonment of office
or modify or set aside what a subordinate had done in that the public should benefit by the services of an 7. Prescription of right to office
the performance of his duties and to substitute his officer de facto and then be freed from all liability to 8. Removal
judgement for that of the latter. An officer in control pay any of such services. 9. Impeachment
lays down the rules in the doinng of an act. If he is not 2. From the de facto officer. As a corollary rule, a de jure 10. Abolition of office
followed, it is discretionary on his part to order the act officer can recover either from the government or the 11. Conviction of a crime
undone or re-done by his subordinate or he may even de facto officer the amount paid to the de facto officer 12. Recall
decide to do it himself. As an example, the President for services rendered by him after notice of
of the Philippines exercises the power of control over adjudication of the title to the former. Where the There is a necessity of acceptance of resignation.
the members of his Cabinet who, in turn, and by his tenure of the de facto officer is “wrongful”, the salary
authority, exercise control of and supervision over, the received by him during such tenure may be recovered.