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    Public Officers

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    Erika Cristel Diaz

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    © All Rights Reserved
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    Public Officers

    Uploaded by

    Erika Cristel Diaz
    12 views1 page

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    PUBLIC OFFICERS

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    Public Officers

    Uploaded by

    Erika Cristel Diaz

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    © All Rights Reserved
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    PUBLIC OFFICERS

    Article 203 of the Revised Penal Code


    Art. 203. Who are public officers. — For the purpose of applying the
    provisions of this and the preceding titles of this book, any person who,
    by direct provision of the law, popular election or appointment by
    competent authority, shall take part in the performance of public
    functions in the Government of the Philippine Islands, of 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. 

    R.A 6713: Code of Conduct and Ethical Standards for Public


    Officers and Employees
    Public Officials includes elective and appointive officials and
    employees, permanent or temporary, whether in the career or non-
    career service, including military and police personnel, whether or not
    they receive compensation, regardless of amount.

    Sec 2(b) of R.A 3019: Anti-graft and Corrupt Practices Act


    Public officer includes elective and appointive officials and employees,
    permanent or temporary, whether in the classified or unclassified or
    exempt service receiving compensation, even nominal, from the
    government as defined in the preceding subparagraph.

    PUBLIC OFFICE

    A PUBLIC OFFICE is the right, authority and duty, created and


    conferred by law, by which, for a given period, either fixed by law or
    enduring at the pleasure of the creating power, an individual is invested
    with some portion of the sovereign functions of the government, to be
    exercised by him for the benefit of the public. The individual so
    invested is a public officer. It includes the delegation of sovereign
    functions, its creation by law and not by contract, an oath, salary,
    continuance of the position, scope of duties, and the designation of the
    position as an office. (LAUREL vs. DESIERTO)

    The following are the elements of a Public Office:


    1. It must be created by law, ordinance, etc.;
    2. The powers of the office must be defined expressly or impliedly;
    3. It must be more or less, permanent.

    Section 1 of Article XI of the Constitution


    Public Office is a public trust. All government officials and employees
    must at all times be accountable to the people, serve them with utmost
    responsibility, integrity, loyalty and efficiency, act with patriotism and
    justice, and lead modest lives.

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