Professional Documents
Culture Documents
For the course on law on public officers, we will use as primary reference the book written by Hector De
Leon, Sr., entitled The Law on Public Officers and Election Law,2008 edition. Familiarize yourselves with
the constitutional provisions cited in the reading assignment so as to facilitate discussion in our next
meeting.
1. General principles
Definition of public office, Read: Aparri vs. CA, G.R. No. L-30057
Definition of public officer- Art.203, Revised Penal Code, Art. 2,RA 3019
Creation:
What distinguishes an office from an employment, Read: Laurel vs. Desierto, G.R. No. 145638
1). Where office is created by law, Congress has the power to prescribe qualifications to and
disqualifications from such office provided they do not violate the Constitution.
2). Where office is created by the Constitution, the general rule is the criteria prescribed for
qualification and disqualification is exclusive.
Sections 2 and 3,Art. VII, Sections 3 and 6, Art. VI, Section 7(1),7(3),Art. VIII, Sec.1(1), Art. IX-C, Sec.
8, Art. IX
b. Formal qualifications must be possessed not only at the time of appointment or election but
during the officer’s tenure and may be challenged when lost.
-General disqualifications under the Constitution-Sec.6, Sec. 7(1) and Sec. 7(2) of Art. IX-B, Sec.
13, Art. VI, Sec. 12, Art. VIII, Sec. 2, Art. IX-A, Secs. 8 and 11,Art. IX
Sec. 13, Art. VII, Read: Civil Liberties Union vs. Executive Secretary, 194 SCRA 317
3. Modes of acquisition
a. Election
b. Appointment- Read: Borromeo vs. Mariano, G.R. No. 16808 (majority opinion and
appointment issue only)
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