2014-02-21 public officer discussion guide

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Meaning of qualification & what are the qualifications requir ed for appointment? where can the requirements be found who prescribes the requirement when must qualification be possessed? time of appointment? after? continuously? what are required particular qualification s? prescribed by Constitution & law? Are religious & property qualificatio ns allowed? what are the disqualifications? provided by constitution or by law? Holding of more than one office? when allowed? Is dual citizenship a dis qualification? permanent residence in another country? How is right or title to office acquired? Appointment   who makes? discretionary? Power to appoint    when absolute & when conditional Are 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? temporar y 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 position what 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 three Can a single office be occupied by two persons?

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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

 

Termination of official relations (natural causes), acts or neglect of PO