Eligibility – state or quality of being legally fitted or qualified to be chosen; continuing nature; must exist

both at commencement and during occupancy

Eligible – legally fitted or qualified / all qualifications with no eligibilities

Ineligibility – lack of qualifications

Ineligible – legally or otherwise disqualified; disqualified to be elected to an office; DQ to hold an office

or appointed

Qualitifcation

(1) endowment or accomplishment that fits one for office

(2) act w/c person before entering perf of duties is by law required to do (i.e. official oath, official bond)

Nature of right

(1) not natural right

(2) not a constitutional right; instead a political privilege

Power of Congress to prescribe qualifications

(1) generally can, but must not exceed consti powers or impose conditions inconsistent with consti
provis. Must not be so detailed as to amount to an appointment

(2) where office is created by congress – it can, but must not impinge any express Consti provi

(3) where office created by consti – GR: consti criteria are exclusive, so congress can’t, unless consti
itself allows

(4) where quali prescribed by consti – generally self-executing

*where Consti has prescribed certain quali, congress may prescribe add’l unless prohibited

*same for DQ

Presumption in favor of ineligibility

Strong public policy exists in favor of eligibility to public office

Right to public office should be strictly construed against ineligibility

Particular Q and DQ

1. Citizenship – aliens generally not eligible unless extended by statute

a. Doesn’t need aid of consti or statutory enactment of the restriction
 b. Quali’s prescribed for eletive office can’t be erased by electorate alone
c. Attack on citizenship may only be thru direct action for nullity
2. Age
a. Age of majority =/= automatic qualification
b. Public policy
3. Right of suffrage
a. If law silent, only electors eligible
b. If expressed that all people equally eligible, then they may be appointed or elected
4. Residence
5. Education – more education = better more effective pub off
6. Ability to read and write
7. Political affiliation
8. Civil service exam

Religious qualifications prohibited

- Invades freedom of belief and religion

- Nor eligious test shall be req’d for exercise of civ/political rights (Consti)
o In no cases shall there be elected or appointed to a municipal office ecclesiastics 1917
Admin Code (absent in 1987 Admin Code)

Power of congress to impose property qualifications

- View 1: unless prohibited by consti, pwede

- View 2: unconsti, discrimination

Qualifications in Consti

1. P and VP
2. Senators
3. HoR
4. SC and lower collegiate courts
5. CSC chair and commissioners
6. COMELEC chair and commissioners
7. CoAudit chair and commiss
8. CHR chair and members
9. OMB and deputies