2014-02-21 public officer discussion guide
TRANSCRIPT
Meaning of qualification & what are the qualifications required for appointment?
where can the requirements be foundwho prescribes the requirement
when must qualification be possessed? time of appointment? after? continuously?
what are required particular qualifications? prescribed by Constitution & law?Are religious & property qualifications allowed?
what are the disqualifications? provided by constitution or by law?Holding of more than one office? when allowed?
Is dual citizenship a disqualification? permanent residence in another country?How is right or title to office acquired?
Appointment – who makes? discretionary?
Power to appoint – when absolute & when conditionalAre there restrictions on the power to appoint?
when is the appointment complete?Is acceptance of appointment necessary for completion & validity?
How is acceptance made?Obligation of elected or appointed official?
Must appointment be in writing?
Can an appointment be revoked?who are appointed by the President? are these subject to confirmation by CA
Kinds of Presidential appointments?
What are ad interim appointments? temporary or acting capacity, designations?steps in the appointment process?
Appointments in the civil service – what are career & non career positions?
What are theclasses of positions in the career service?How are merit and fitness determined?
what are the qualification standards to be met by appointees in the civil service?what are the kinds of appointments? permanent status & temporary status?
separation of civil servants? permanent & temporary
Approval of appointments & recall by the civil service?
when is a position vacant or considered such?
filling up of anticipated vacant positionwhat is qualifying to an office? how done?
what is a de facto officer?what is a de jure officer?
What is a usurper?
Distinguish the threeCan a single office be occupied by two persons?
legal effects of acts of de facto officer
what is the available proceeding to try the right or title of a de facto officer?Liabilities of a de facto officer & compensation if any?
what is the authority of public officer? does he have rights or powers?
How is the authority ascertained? duration of authority?classification of the powers & duries of public officers
delegation of discretionary & ministerial powersJudicial review of official acts how done?
Norms of conduct of public officials & employees – refer to RA 6713. give commentsIdentify those important to remember.
Understand the system of incentives & rewards
Understand the duties of public officers as trustees for the publicKnow well the duty to make financial disclosures
Know well the specific duties of public officials & employees when dealing with themProcessing of papers and documents
What are the rights incident to public office?Right to compensation – in what form & basis
How to recover unpaid compensation to public officer? from the government?
Is diminution of salary allowed?what is the scope of the prohibition against receiving additional, double & indirect
compensation
Right to self organization – explainWhat are the personnel action in the civil service?
Reimbursement & indemnity, reinstatement, back salary
Is an officer/employee entitled to recover reward for performance of duty?what are the prohibitions applicable to local elective officials, members of armed forces,
civil serviceHolding more than one position (appointed officials)
Prohibition against additional, double, or indirect compensation
Prohibition imposed on members of civil service
Prohibition imposed on members of civil service (local govt)
Prohibited acts & transaction in the anti-graft & corrupt practices act (RA 3019).Prohibited acts & transaction in the code of conduct & ethical standards RA6713
Liabilities & immunitieswhen PO not liable in obeying superior order
Liability for unexplained wealth
Criminal Liability (peculiar to certain official) Arias vs Sandigan Bayan 180 SCRAPenalties under the code of conduct & NIRC