Notes on General Principles on the Law on Public Officers

Dear Law Reader,

Here are some general principles on Law on Public Officers

When we speak of public office, this means that this is an office which carries with it the right, duty which has been created and conferred by law upon an appointed or elected officer in order to exercise the functions of sovereign power of government for public service. The person who is either elected or appointed is called the public officer.

Under the Philippine Revised Penal Code, Art 203 states that a public officer is any person, who, by direct provision of law, popular election, or by appointment of competent authority, shall take part in the performance of public functions, in the government of the Philippines Islands, or shall perform in the said government or 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.  However, in Sec 2 of Republic Act 3019, the term public officer includes elected or appointed officials and employees, permanent or temporary, whether (career or non-career), or exempt from service, receiving compensation, even nominal, from the government.  For purpose of public office, it’s important to note that a Project Manager of a building construction project falls within the purview of a non-career service category under the law.  Careful analysis of authority given is needed in order to properly determine whether one is a public officer.  For example, if the National Internal Revenue Code provides for its Bureau to effecting distraint, this does not make one effecting distraint on property a public officer.  So when you are reviewing, the safe way to distinguish whether one is a public officer is to go back to the definition and elements of public office.

The other important distinguishment in reference to this subject is the difference between an employee and an officer.  Always remember that an officer’s authorized duty involves exercise of discretion while performing government functions. 

The case of Laurel vs. Desierto GR NO 145368 distinguished the difference between office and employment in which the official, delegates to an individual or individuals (employees), such that the delegation is the officers exercise of function of government which is for public benefit.

SOURCE: OUTLINE REVIEWER IN POLITICAL LAW (PHILIPPINES)