What is public office?

Right, authority, and duty created and conferred by law, by which for a given period, 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.

It is also a charge, station or employment conferred by appointment or election by a government.

As a public trust, what does it mean?
Art. 11 sec. 1, Constitution: Public office is a public trust. Public officers and employees must at all
times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency,
act with patriotism and justice, and lead modest lives.

Regarded as public servants powers delegated are held in trust for the people and are to be exercised
in behalf of the government or of all citizens. Such trust extends to all within the range of duties
pertaining to his office.

Subject to highest standards of accountability and service.

Does holder have vested right? Is it property?
No.

Subject to removal or suspension according to law it is not the property of the holder. He is not denied
due process when the office is abolished before the expiration of his term; or by removal or suspension
according to law; or by passing a statute limiting or reducing his compensation

Without vested right in public office no one has a vested right over any public office he holds, much
less a vested right to an expectancy of holding public office. Except constitutional offices (special
immunity as regards salary and tenure), no one has any vested right to an office or its salary.

Right is in the nature of privilege entitled to protection - right to office is recognized as a privilege
entitled to the protection of the law. When there is a dispute concerning ones constitutional right to
security of tenure, the public office is deemed analogous to property in a limited sense.

Right is personal to him it is not a property which passes to his heirs upon death. It cannot be
inherited.

Difference between public office and public employment?
Public office every public office may be an employment
1. Created by law
2. With duties involving the exercise of some portion of the sovereign power
3. Public is concerned in the performance of which
Public employment every public employment is NOT an office
1. Created by contract of employment
2. Lacks one or more of the considerations under public office.

Elements of Public office
1. Created by the constitution, law or agency, to which the power to create was delegated
2. Invested with an authority to exercise some portion of the sovereign power for public interest
3. Powers and function are defined by the constitution, law or legislative authority
4. Duties are performed independently, without control of a superior power other than law, unless
they are those of a subordinate
5. Continuing and permanent in nature

Creation of Public office
By Constiution, statutory provision or by authority conferred by it
By Congress, except by the constitution, creation is primarily a legislative function
By exigencies of government, legislature may create and defined new duties
When created by the legislature, it may prescribe the mode of filling the office, powers and
duties, abolishment
By the President offices in the executive department, Presidentis power of control may justify him to
inactivate functions of a particular office.

Important distinguishing feature (?)

Meaning of public official
Officer is one who holds public office. Under the Admin Code, it refers to a person whose duties involve
the exercise of discretion in the performance of the functions of government.

Public officer is such an officer as is required by law to be elected or appointed, who has a designation
or title given to him by law, and who exercises functions concerning the public, assigned to him by law.
Under the RPC, any person who takes part in the performance of public functions or performs public
duties is deemed a public officer. The RPC definition, therefore, eliminates the standard distinction
between officer and employee.

Employee includes and person in the service of the government or any of its agencies, divisions,
subdivisions, or instrumentalities.

Public official is defined as an officer of the Government itself, as distinguished from the officers and
employees of instrumentalities of the government. However, the term public official is ordinarily
synonymously used with public officer.

Meaning of qualification.
Qualification It may refer to the endowment or accomplishment that fits one for office or it may refer
to the act which a person is legally required to do before entering upon the performance of his duties.

Where can requirements be found?
Constitution
Statutory law

Who prescribes the requirement?
Congress, as long as they are not inconsistent with the constitutional provisions.
Congress does not have the power to require different qualifications for constitutional offices other than
those laid in the Constitution.

When must qualification be possessed?
When specified, at the time specified (duh)
Where Constitution or law is silent, the courts may take recourse to some other means to determine
specifications such as through textual analysis of the terms used in the qualifications.
When qualification must always exist, at the commencement of the term and during the occupancy of
the office.

Qualifications
1. Citizenship
2. Age
3. Right of Suffrage
4. Residence
5. Education
6. Ability to read and write
7. Political affiliation
8. Civil service exam qualifications in an appropriate exam for appointment to first and second
level positions in the career service is required under the Civil Service Law to ensure merit and
fitness to perform the duties attached to the positions.
*Religious qualifications prohibited

Disqualifications
1. Mental or physical incapacity
2. Misconduct or crime
3. Impeachment President, VP, Members of the SC, Members of the ConComs, Ombudsman

Holding of more than one office, when allowed?
No constitutional right to holding incompatible offices.
A person who accepts and qualifies for a second and incompatible office is deemed to vacate, or by
implication, to resign from the first office.

When allowed? (?) limitations?

Is dual citizenship a disqualification? Permanent residence in another country?
Under LGC, person with dual citizenship and permanent residents of foreign countries are disqualified to
run for any elective local position.

How is right or title to office acquired?
By election
By appointment

Appointment who makes? Discretionary?
Inherently belongs to the people the selection of persons to perform the functions of government is
primarily a prerogative of the people.

Entrusted to designated elected and appointed public officials Appointment is generally looked upon
as properly belonging to the executive department. It may also be made by Congress and the courts, but
taken as an incident to the discharge of functions within their respective spheres.

Creation of public office legislative
Appointment of a particular person executive

Yes, discretionary. Appointment involves the exercise of discretion, which, unless gravely abused, courts
will not attempt to control. It cannot be subject of mandamus. Once the discretionary power of
appointment is exercised and the appointee assumed the duties and functions of his position, the
appointment cannot anymore be revoked by the appointing authority, except for cause.

The CSC has no authority to revoke an appointment on the ground that another person is more qualified
and to direct the appointment of a substitute. Appointment may be void from the beginning fraud.

Power to appoint when absolute and when conditional?
Absolute the choice of the appointing authority if it falls upon an eligible person, is conclusive. No
further consent or approval is necessary.

Conditional the assent or approval by some other officer is necessary to complete the appointment.
Appointment may be complete only when such assent or confirmation is given.

Are there restrictions on the power to appoint?
Generally appointees should possess the prescribed qualifications and be sselected solely with a view
to the public welfare. The power of appointment must be exercised with disinterested skill and in a
manner primarily for the benefit of the public.

Under the constitution:
Relationship restrictions and 2 months prior to presidential elections restriction on appointments made
by the president.
SC shall have the power to appoint all officials and employees of the judiciary in accordance with the
Civil Service Law
The members of the SC and judges of lower court shall be appointed by the President from a list
prepared by the JBC
ConComs shall appoint their officials and employees
Members of the ConComs shall be appointed without re-appointment. Appointment to any vacancy
shall only be for the unexpired term of the predecessor. In no case shall any member be appointed or
designated in a temporary or acting capacity.
No candidate who has lost in any election shall within one year after such election be appointed to any
office in the Government or any government-owned or controlled corporations or in any of their
subsidiaries
No elective official shall be eligible for appointment or designation in any capacity as to any public office
or position during his tenure.
Ombudsman appointed by the president, officials and employees of the Office of the Ombudsman,
other than the deputies shall be appointed by the ombudsman according to the Civil Service Law.

Under existing laws :
Restrictions on the power to appoint are found primarily in provisions prescribing the qualifications and
disqualifications for holding public office.

No valid appointment when the office is not vacant.

When is the appointment complete?
If absolute, no confirmation needed
If subject to confirmation, upon confirmation of some other officer

Approval by the CSC:
1. Where appointee is a qualified service eligible, the Commissioner has no choice but to attest to
the appointment. Attestation required is merely a check to assure compliance with the Civil
Service Law, but the appointment is subject to the condition that if the Commissioner would
later on reject the appointment by reason of lack of eligibility, appointment shall lapse despite
attestation.
2. The acts of appointing power and approval of the CSC acting together though not concurrently,
but consecutively, are necessary to make an appointment complete. In classified positions,
appointment must be approved by the Commission to be entitled to the protection against
unjust removal.

Confirmation or attestation of the appointment by the CSC does not complete the appointment since it
serves merely to assure the eligibility of the appointee.






Is acceptance of appointment necessary for completion and validity?
How is acceptance made?