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.
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