Public Office

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 appointing 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.

Essential elements

1.    Created by Constitution or by law or by some body or agency to which the power to create the office has been delegated (enabling law)

2.    Invested with authority to exercise some portion of the sovereign power of the State

3.    Powers/Functions defined by the enabling law

4.    Duties are performed independently without control unless those of an inferior

5.    Continuing / permanent in nature

Distinctions between Public Official and Public Officer and Employee

Public Official is an officer of the Government itself, as distinguished from the officers and employees of instrumentalities of government.

Officer is distinguished from an employee in the greater importance, dignity and independence of his position, being required to take an official oath, and perhaps give an official bond and in the liability to be called to account as a public offender for misfeasance or nonfeasance in office.

Eligibility for Public Office

Eligibility is the state or quality of being legally fitted or qualified to be chosen. Qualification refer to the act which a person, before entering upon the performance of his duties is by law required to do such as the taking, and often, of subscribing and filing of an official oath, and, in some cases, the giving of an official bond. 

Land Titles and Deeds

Land Titles and Deeds

BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES

Land Title – evidence of right of owner or extent of his interest, by which means he can maintain control and as a rule assert right to exclusive possession and enjoyment of property

Deed – instrument in writing which any real estate or interest therein is created, alienated, mortgaged or assigned or by which title to any real estate may be affected in law or equity

1.    Grantor

2.    Grantee

3.    Words of grant

4.    Description of property

5.    Signature of grantor

6.    Witnesses

Types of estates:

1.    Freehold estate – indicates title of ownership

a.    Fee simple – absolute title; conferred without limitation, qualification or restriction

b.    Fee tail – pass title to grantee & his heirs

c.    Life state – held for duration of life of grantee

2.    Less than freehold estate – a right short of title

a.    Estate for years – lease for a period agreed upon, lessor retains ownership of land

b.    Tenancy from period to period – lease running from month to month or year to year with automatic renewal

c.    Tenancy at will – person is permitted to occupy land of another without stipulation as to period

3 Stages of Development of Legal System of Transferring Titles:

1.    Production & delivery of deed by grantor to grantee without registration

2.    Deed of conveyance is recorded to bind 3rd persons

3.    Registration of title

Registration – guarantees the title

Recording – does not guarantee the title; need to examine other docs

Purpose of Registration:

1.    Serve as constructive notice

2.    Prevent fraudulent claims

3.    Protect interest of strangers to transaction

Doctrine of Proper Submission (Constitutional Law)

Doctrine of Proper Submission

Amendments cannot be submitted to the people in a piecemeal fashion wherein the other amendments are to follow. The people should have a frame of reference from which to read the amendments being proposed. (Tolentino vs COMELEC)

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I. Nature of the Constitution

Purposes of  the Constitution:

1.     to prescribe the framework of a system of government

2.     to assign to the several departments their respective powers and duties

3.     to establish certain fixed principles on which government is founded

Classification of the Constitution:

1.     written

2.     conventional

3.     rigid

Essential Qualities of the Written Constitution:

1.     broad

2.     brief

3.     clear

Essential Parts of the Written Constitution:

1.     constitution of liberty

2.     constitution of government

3.     constitution of sovereignty

2 steps in the amendment or revision of our Constitution:

1.     Proposal

1.     Constituent Assembly (vote of ¾ of Congress)

2.     Constitutional Convention (call by 2/3 vote of Congress, or thrown to people by majority vote of Congress)

3.     People's Initiative [Amendment only] (12% of registered voters with 3% of registered voters in each legislative district)

2.     Ratification (majority of the votes cast in the plebiscite; 60-90 days)

Judicial Review of Amendments

The amending process, both as to proposal and ratification, raises a judicial question (Sanidad vs COMELEC)

Doctrine of Proper Submission

Amendments cannot be submitted to the people in a piecemeal fashion wherein the other amendments are to follow. The people should have a frame of reference from which to read the amendments being proposed. (Tolentino vs COMELEC)