Who Are Public Officers

Who Are Public Officers?

ART. 203

Requisites:
To be a public officer, one must be -
1. Taking part in the performance of public functions in the Government, or performing
    public duties as an employee, agent or subordinate official, of any rank or class, in
   the government or any of its branches; and
2. That his authority to take part in the performance of public functions or to perform
    public duties must be -
     a. by direct provision of the law, or
     b. by popular election, or
     c. by appointment by competent authority.

Notes:

Public officers include every public servant from the lowest to the highest rank provided
that they exercise public functions.

A government laborer is not a public officer. However, temporary performance by a
laborer of public functions makes him a public officer.

Officers and employees of government owned and controlled corporations but not those
of a sequestered corporations.


Malfeasance
Doing of an act which a public officer should not have done
Malfeasance:
1. Direct bribery
2. Indirect bribery

Misfeasance
Improper doing of an act which a person might lawfully do
Misfeasance:
1. Knowingly rendering unjust judgment
2. Rendering judgment through negligence
3. Rendering unjust interlocutory order
4. Malicious delay in the administration of justice

Nonfeasance
Failure of an agent to perform his undertaking for the principal
Nonfeasance:
1. dereliction of duty in prosecution of offenses
2. betrayal of trust by an attorney or solicitor – revelation of secrets

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