Admin Law

Question 1

Nepotism

Answer 1

Nepotism. (a) All appointments in the national, provincial, city and municipal governments or in any branch or instrumentality thereof, including government-owned or controlled corporations, made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau or office, or of the persons exercising immediate supervision over him, are hereby prohibited.

Question 2

Who is a public officer?

Answer 2

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. Laurel vs. Desierto, 381 SCRA 48, G.R. No. 145368 April 12, 2002

Question 3

Nature of a Public Officer

Answer 3

Public officers 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.”

Question 4

Elements of a Public Office

Answer 4

• Enabling law: Created by the Constitution, a law, or an ordinance authorized by law.
• Possess sovereign functions of government to be exercised for the public interest.
• Functions are defined expressly or implied by law. * Functions are to be exercised by an officer directly under the control of law, not under that of a superior officer, UNLESS they are functions conferred by law upon inferior officers who by law, are under control of a superior.
• Permanent or continuous, not temporary or occasional. (State Ex Rel. Barney vs. Hawkins, 257 P. 411, Mont. 1927)

Question 5

Are length of service, additional degree, other relative experience necessary in the application of a public officer?

Answer 5

No, for as long as the appointee meets the minimum qualification then the appointment is satisfactory

Question 6

Quo Warranto vs Mandamus

Answer 6

Quo warranto is the remedy to try the right to an office or franchise and to oust the holder from its enjoyment, while mandamus only lies to enforce clear legal duties not to try disputed titles

Hence, where there is usurpation or intrusion into an office, quo warranto is the proper remedy

But, where the respondent, without claiming any right to an office, excludes the petitioner therefrom, the remedy is mandamus, not quo warranto

Question 7

Completeness Test and Sufficient Standard Test

Answer 7

. Under the first test, the law must be complete in all its terms and conditions when it leaves the legislature such that when it reaches the delegate, the only thing he will have to do is to enforce it. The second test mandates adequate guidelines or limitations in the law to determine the boundaries of the delegate’s authority and prevent the delegation from running riot.

Question 8

Substantial Evidence

Answer 8

such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.