1. What is the difference between public officer and employee?

A public officer is an individual delegated with some of the sovereign functions of the
government, to be exercised by him for the benefit of the public. He is either elected or appointed
to hold title in office. The essential elements of a public officer are:

a) created by the Constitution or law;

` b) has the authority to exercise sovereign power;
c) his powers and functions are defined by the Constitution;
d) his duties are performed independently and without control of a superior power other
than law;
e) his title is characterised by permanence and continuity, not only temporal or occasional.

A public employee is any person in the service of the government.

Both are instrumentalities of the government; It is a public official who is an officer of the
government itself.

2. How is public office created?

By the Constitution: brought to existence by the self-executing provisions of the Constitution

(OP, Legislature, SC, and ConComm)

By Statute (thru Congress): By legislation or validly delegated legislative power (Bureau of

Mines, SEC, Code Comm, Sangguniang Panlungsod)

By Authority of Law: Established by implementing statutes mandated by the Constitution.

(MMDA, NEDA)

By the President

3. Who are public officers appointed by the president?

a) Heads of executive departments;

b) Ambassadors, other public ministers and consuls;
c) Officers of the armed forces from the rank of naval and captain;
d) Other officers whose appointments are vested in the Constitutions
e) All other officers whose appointments are not provided for by the law
f) Those whom he may be authorized by law to appoint.

4. Designation v. Appointment

Appointment: act of designation by the appointing officer, body or board, of an individual

who is to exercise the functions of a given office (executive in nature).

Designation: mere imposition of new duties on the officer to ve performed by him in a

special manner (temporary in nature).

5. Procedure of appointing and electing officials

See answer in #6

6. Appointed official v. elected official

Appointed official
• designated by an appointive official
• holds office in a permanent capacity
• entitled to security of tenure or serves at the pleasure of the appointing authority
• prohibited from engaging in any political activity except to vote

Elected official
• occupies the office by virtue of the mandate of the electorate
• elected for a definite
• removed only upon stringent conditions
• expressly allowed to take part in political and electoral activity

7. What is vacancy?

Vacancy exists when there is no person lawfully authorized to assume and exercise at
present the duties of the office.

4 Kinds of vacancy:

a) Original: an office is created and no one has yet been chosen to fill it.
b) Constructive: incumbent has no legal right to the office
c) Accidental: incumbent is separated from office by any other mode aside from expiration
of term (death, abandonment, removal, resignation)
d) Absolute: term of incumbent having expired has no successor has legally qualified to
replace him.

8. How is disqualification provided by law?

By the Constitution:

a) Spouses and relatives by consanguinity or affinity up to the 4th civil degree of the President
shall not during his tenure be appointed as members if the the ConComm, Office of
Ombudsman, Secretaries, USec, chairmen or heads of bureaus or offices including GOCCs
and their subsidiaires;
b) Senators and members of HOR shall not be appointed to any office which may have been
created or emoluments thereof increased during the term for which he was elected.
c) The members of the SC and of other courts est by law shall not be designated to any agency
performing quasi judicial or admin functions.
d) Appointees to the ConComm must not have been candidates for any elective position in the
elections immediately preceding their appointment.

9. What is a de facto officer? Is he entitled to a salary?

He actually possesses the office although he has an imperfect or only colorable title.

Requisites:
a) de jure office
b) color of title
c) physical possession of the office in good faith

10. What are the following:

Civil Service - embraces all branches, subdivisions, instrumentalities, and agencies of the
Government, including GOCCs with original charters.
Career Office: entrance based on merit and fitness, gives opportunity for advancement to higher
career positions, and security of tenure.

Non-career Office: entrance is based on other usual tests of merit and fitness utilized for career
service and tenure is limited to a period specified.

11. Which provision in the Constitution states the power of Public Officers?

12. Difference between Forbidden and Incompatible Office

Forbidden Office - offices which have been created or where emoluments thereof were increased
by the legislator while the legislator was a member of congress.

Incompatible Office - any other office in the government that if held by a public officer (such as an
senator) would refer to the forfeiture of his seat in the Congress.

13. Inhibition v. Prohibition

inhibition - restraint on a public officer for doing certain acts which may be legally done by others.

14.

15. Term v. Tenure

Term: the time during which the officer may claim to hold office as of right and fixes the interval
after which several incumbents shall succeed one another.

Tenure: represents the period during which the incumbent actually holds the office.

16. Doctrine of necessary implication - all powers necessary to the exercise of the power expressly
granted are deemed impliedly granted.

17.

18. Mode of terminating public office

a) Death or permanent disability

b) Resignation
c) Removal
d) Impeachment
e) Abolition of Office
f) Recall
g) Expiration of term or tenure of office
h) Reaching the age limit
i) Acceptance of incompatible office
j) Prescription of right to office
k) Conviction of a crime