On
Who Are Public Officers?

ART. 203

 Who are public officers. - For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.

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

Bar Exam Question (1999)

Public Officers; definition (1999)

Who are public officers?

Suggested Answer:

Public Officers are persons who, by direct provision of the law, popular election or appointment by competent authority, takes part in the performance of public functions in the Government of the Philippines, or performs in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class (Art. 203, RPC)