Professional Documents
Culture Documents
A. Specifically
Modes of termination of official relations.
1. Expiration of term or tenure
2. Reaching the age limit (retirement)
3. Death or permanent disability
4. Resignation
5. Acceptance of an incompatible office
6. Abandonment of office
7. Prescription of right to office
8. Removal
9. Impeachment
10. Abolition of office
11. Conviction of a crime
12. Recall
B. Natural Causes
Expiration of term or tenure
Upon the expiration of the officer’s term, unless he is authorized by law to
hold over, his rights, duties and authority as a public officer must ipso facto cease.
ILLUSTRATIONS:
i. When a public officer holds office at the pleasure of the appointing
authority, his being replaced shall be regarded as termination
through expiration of term, not removal. See Astraquillo v.
Manglapus, 190 SCRA 280.
ii. Where the Constitution provides that the term of office of local
elective officials is three (3) years, Congress cannot, by a law calling
for delayed elections, effectively reduce the term [Osmena v.
Comelec, 199 SCRA 750].
iv. In Gloria v. Judge de Guzman, supra., it was held that there was no
termination in the sense that termination presupposes an overt act
committed by a superior officer. What happened was that the private
respondents’ appointments or employment simply expired, either by
their own terms, or because they may not exceed one year, but most
importantly, because PAFCA was dissolved and replaced by PSCA.
ii. Where no time is fixed by law for the commencement of his official
term, it begins from the date of appointment in cases of an appointive
office, or from the date of election, in case of an elective office.
iii. Where the law fixing the term of a public office is ambiguous, the one
that fixes the term at the shortest period should be followed.
iv. Where both the duration of the term of office and the time of its
commencement or termination are fixed by constitutional or statutory
provisions, a person elected or appointed to fill the vacancy in such
office shall hold the same only for the unexpired portion of the term.
v. Where only the duration of the term is fixed, but no time is established
for the beginning or end of the term, the person selected to fill the
vacancy in such office may serve the full term and not merely the
unexpired balance of the prior incumbent’s term.
o Permanent disability covers both physical and mental disability. There is the
problem of determining what degree of incapability suffices to consider it
permanent. The incumbent may not believe or wish to consider that he is
permanently disabled to discharge the powers and duties of the office, and
may refuse to give it up. In such case, the appointing power will have to
make the decision whether his condition has created a vacancy but a judicial
determination of the fact is necessary to render it conclusive.