Título IV Capítulo I. Ejercicio del poder Público

Power comes from the people. Its exercise is subject to the limitations set forth by this Constitution and the law.

No person, sector of the people, armed or political force may arrogate its exercise.

The rule of law extends to all persons who are in the territory of the Republic.

Public officials are depositaries of authority, legally liable for their official conduct, subject to the law and never above it.

Public officials and public employees are at the service of the State and not of any political party.

Public function is not delegable, except in the cases indicated by law, and may not be exercised without previously taking an oath of fidelity to the Constitution.

When a dignitary, public official or worker of the State, in the exercise of his office, violates the law to the detriment of private persons, the State or the state institution he serves shall be jointly and severally liable for the damage and losses caused.

The civil liability of public officials and public employees may be enforced while the limitation period, whose term shall be twenty years, has not been completed.

Criminal liability is extinguished, in this case, by the passage of twice the time established by law for the limitation period of the penalty.

Neither Guatemalans nor foreigners may claim from the State compensation for damage or losses caused by armed movements or civil disturbances.

No public official or public employee, civil or military, is obliged to comply with manifestly illegal orders or those that imply the commission of a crime.