Friday, October 12, 2007

It's great to receive email messages from readers

It's been quite a while since I have last updated this blog. I've been busy with work and law school (the mock bar exams and final exams). I took up some extra work in the last two months aside from my main job to earn extra money for my bar exam preparation next year. For this posting, I'd like to share excerpts of my email reply to blog reader Edz. I encourage you dear readers to email me your comments or request for help at barops@gmail.com. It inspires me to continue with this blog and focus on my law studies. Here's my email reply to Edz's email:

"Hi Edz,

Thank you for your email. It's really inspiring to receive such email messages from readers of my blog. Sorry for this late reply as I have been busy with work lately and the final exams at law school.

It's great you have both the inspiration and motivation to take the bar next year. I hope to graduate this March 2008 so we might be taking it together. I too am motivated and determined to become a lawyer. But lately, less than a year into the 2008 bar exam, I have devoted much time honestly assessing my strengths and weaknesses. It's especially hard to acknowledge one's weaknesses because it takes an in-depth look at not just your intellectual resources but also your character. I have to know the real reasons why I am surviving law school, on why I ace some exams and flunk or get low scores in others. Once we have done this, then we can truly prepare for the bar exam.

I am writing this in an internet cafe so I don't have my list of recommended books and materials. I'll send you another email soon once I have the list. I will also be updating my blog soon as I now have time to do so with the semestral break..."

Friday, October 5, 2007

Salient Points in Law of Public Officers

Characteristics of Public Officers
1. Public trust
2. Not a hereditable possession
3. Outside the commerce of man; hence it may not be the subject of a valid contract
4. Not a property; hence not protected by the due process clause

Power of appointment is essentially executive, subject to well-known exceptions.

Power to create public office is legislative; as well as power to prescribe qualifications to public office.

Calderon vs. Carale – The list of presidential appointees who require confirmation by the Commission on Appointment is exclusive. Hence, Congress by a mere legislative act may not validly amend the constitution by adding or deducting to or from that list.

Distinction between Ad Interim appointment and Regular appointment – The real distinction lies in the effectivity. Ad interim appointment takes effect immediately; appointee may immediately assume office. Regular appointment does not take effect immediately; will only take effect after confirmation by the Commission on Appointment.

See Pimentel vs. Ermita on appoinment in an acting capacity made by the President of some cabinet members; distinction between appointment in an acting capacity and ad interim appointment.

On midnight appointments, the prohibition (see Sec. 15 Art 7, Constitution) only applies to presidential appointments. (Derama vs. CA) There is no law that prohibits local elective officials from making appointments immediately before his term of office ends.

Local government units may validly exercise the power of eminent domain through an ordinance; a mere resolution will not do.

Tags: Political Law

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