1 THE LAW ON PUBLIC OFFICERS CHAPTER 1: DEFINITIONS, DISTINCTIONS AND CLASSIFICATIONS 1.

OFFICE : may be defined as that position or function by virtue of which a person has some employment in the affairs of the another whether: a. The incumbent is selected by appointment or by election b. He is appointed during the of pleasure of the appointing power or for a fixed term 2. PUBLIC OFFICE : is the right, authority and duty created and conferred by law, by which for a given period, either fixed by law or enduring at the pleasure of the appointing power, 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. PURPOSE OF PUBLIC OFFICES: Public offices are created for: 1. Effecting the end for which the government has been instituted which is the: a. The common good and not for profit, honor, or private interest of any person, family or class of persons. 2. For the interest and for the benefit of the people, and belongs to them ( Public office is a Public Trust) NATURE OF PUBLIC OFFICES: It is inconsistent with either a property or contract right. It is conceived of as a responsibility and not a right. 1. Public Office as a Public Trust. a. Holders regarded as public servants 1. Public officers are but the servants of the people, and not their rulers. The powers that were delegated to them are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. b. Holders are subject to highest standards of accountability and service 1. Every public servant shall at all times uphold public interest over his personal interest. 2. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead the modest lives. 3. Public official and employees occupies a very delicate position which exacts from him certain standards which generally are not demanded from or required of ordinary citizens.

2 2. Public Office is not a property. a. Holder is subject to removal or suspension according to law 1. The principle of Public office is a Public Trust precludes any proprietary claim to public office. 2. A public office is not the property of the office holder within the meaning and contemplation of the due process requirement of the Constitution. This means that an officer is not denied due process of law: 1. by the abolition of his office before the expiration of his term or 2. by his removal or suspension according to law, or 3. by the passage of a statute limiting or reducing his compensation, The officer has no property right in the books and papers pertaining to his office. b. Holder is without vested right in any public office or its salary 1. A public officer has NO: Vested right in any public office he holds Vested right to an expectancy of holding public office c. Holders right is in the nature of privilege entitled to protection 1. The Officers right to office is recognized as a privilege entitled to the protection of the law and the office may be considered as property within the protection of the due process guarantee of the Constitution: a. in controversies relating to the question as to which of two persons is entitled thereto b. he may not be deprived of office without hearing when the right to have it terminated is limited to specified causes c. when the dispute concerns ones constitutional right to security of tenure, public office is deemed analogous to property in the limited sense, the right to due process could be rightfully invoked. d. Holders right is personal to him 1. Public office is personal to the incumbent thereof or appointee thereto: it is not property which passes to his heirs upon death, it cannot be inherited 3. Public office is not a contract The right of the incumbent of an office does not depend on any contract in the sense of an arrangement or bargain between him and the public. a. Creates no contractual relation between him and the public Public office is not a contract, nor the same thing as a contract and an appointment or election to a public office does not establish a contractual relation between the person appointed or elected and the public.

3 b. Exists by virtue of some law The right to hold a public office under our political system is not a natural right. It exists only because and by virtue of some law expressly or impliedly creating and conferring it. c. Generally entitles the holder to compensation A public office is entitled to the compensation for the performance of his public duties when the law attaches it to the office. If no salary is provided by law for an office, the incumbent is presumed to have accepted it without pay and he cannot recover anything for service rendered by him. The salary is mere incident and forms no part of the office. It is not necessary criterion for determining the nature of the position. DISTINCTION OF PUBLIC OFFICE AND PUBLIC CONTRACT PUBLIC OFFICE Is a creation incident of sovereignty Has for its object the carrying out of sovereign as well as governmental functions affecting even persons not bound by contract Embraces the idea of tenure, duration, and continuity and the duties connected with it are generally continuing and permanent. PUBLIC CONTRACT Originates from the will of the contracting parties Imposes obligations only upon persons who entered the same

as to creation

As to object Is almost always limited in its duration and specific objects, it is defined by the terms and obligations of the parties and cannot depart thereto without the consent of the parties.

As to subject matter and scope

DISTINCTION OF PUBLIC OFFICE AND PUBLIC EMPLOYMENT: Public office is an employment; every public employment is not an office. A man may certainly be employed under a contract express or implied, to perform a service without becoming an officer, it is the nature of the office, the power wielded and the responsibilities carried out that are the key considerations. ESSENTIAL ELEMENTS OF A PUBLIC OFFICE 1. It is created by the constitution or by law or by some body or agency to which the power to create the office has been delegated. 2. It must be invested with an authority to exercise some portion of the sovereign power of the State to be exercised for public interest. 3. Its powers and functions are defined by the constitution or by law or through legislative authority.

4 4. The duties pertaining thereto are performed independently, without control of a superior power other than the law, unless they are those of an inferior or subordinate officer, created or authorized by the legislature and placed it under the general control of a superior officer or body. 5. It is continuing and permanent in nature and not occasional or intermittent. CREATION OF PUBLIC OFFICE An office is created by: 1. By Constitutional or statutory provision or authority conferred by it, in general. 2. By Congress, except those offices which are created by the Constitution. The creation of public offices is primarily legislative function, in so far as the legislative power not restricted by the constitutional provisions it is supreme, and the legislature may decide for itself what offices are suitable, necessary or convenient. a. When in the exigencies of government it is necessary to create and define new duties, the legislative department has the discretion to determine: 1. Whether additional offices shall be created or 2. Whether these duties shall be attached to and become ex officio duties of existing offices. b. An office created by the legislature is wholly within the power of the legislature, and that it may prescribe: 1. The mode of filling the office 2. The powers and duties of the incumbent 3. Abolish the office if it sees it fit. 3. by the President The president, subject to the policy of the Executive Office and in order to achieve simplicity, economy and efficiency, shall have the continuing authority to reorganize the administrative structure of the Office of the President, foe this purpose he may transfer the functions of the other department or agencies to the office of the president. (The power is inherently

MODIFICATION OR ABOLITION OF PUBLIC OFFICES legislative)

The power to create an office generally includes: The power to modify or abolish it. The power to create and abolish offices carries with it: The power to fix the number of positions The power to fix the emoluments or salaries of the holder thereof The power to provide funds for the offices created

5 1. OFFICES CREATED BY CONGRESS Where the office is legislatively created, Congress may unless prohibited by the constitution: 1. Control, modify or abolish the office whenever may seem necessary, expedient, or conducive to the public good. The power extends to consolidation of offices, resulting in abolishing one and attaching its powers and duties to another. 2. OFFICES CREATED BY THE CONSTITUTION Constitutional offices may be modified or abolished by the people through a constitutional provision. 3. OFFICER: Is one inseparably connected with an office, the one who holds a public Office. 4. PUBLIC OFFICER: 1. is an officer required by law to be elected or appointed 2. is an officer who has designation or title given to him by law 3. is an officer who exercises functions concerning the public assigned to him by law. 5. EMPLOYEE: includes any person in the service of the government or any of its agencies, divisions, subdivisions, or instrumentalities. The term includes: 1. an officer whose duties, not being of a clerical or manual nature, involves the exercise of discretion in the performance of the functions of the government.(as distinguished from the clerk or employee) 2. Officers including any government employee, agent or body having authority to do the act or exercise that function. (When used with reference to a person having authority to do a particular function in the exercise of government power.) 6. PUBLIC OFFICIAL: is an officer of the Government itself, as distinguished from the officers and employees of the instrumentalities of government. CLASSIFICATION OF PUBLIC OFFICES/PUBLIC OFFICERS 1. As to nature and functions a. Civil Officer: covers any kind of public office, whether executive, legislative, or judicial. b. Military Officer: includes all offices in the armed forces which solely involved military functions. 2. As to creation a. Constitutional Officer: one that is created by constitution. b. Statutory Officer: one created by statute and over which congress has full control.

6 3. As to the department of government to which it belongs: a. Legislative Officer: one charged with functions involving mainly the enactment of laws b. Executive officer: one charged with functions involving mainly the execution or administration of laws c. Judicial Officer: one charged with functions connected with the adjudication of actual justiciable controversies and interpretation of laws. 4. As to branch of government served: a. National Officer: includes any office in the national and central government b. Local Officer: includes any office in the political subdivisions of the Philippines, whether pertaining to autonomous regions, the provinces, cities, municipalities, barangays and other forms of local government. 5. As to whether exercise of discretion is required: a. Quasi-judicial officer: includes any office other than the court of justice whose officers are charged with functions that are not strictly judicial but require the exercise of the discretion or judgment. b. Ministerial Officer: includes any office whose officers are charged with the duty to execute the mandates lawfully, of their superior. 6. As to compensation: a. Lucrative office, office of profit, or office coupled with an interest: includes any offices to which salary, compensation or fess are attached. The amount of salary is supposed t be adequate compensation and fixes the character of the office as a lucrative one. b. Honorary office: one to which no compensation is attached and is supposed to be accepted merely for the public good. OFFICE OF TRUST: an office which duties and functions requires the exercise of discretion, experience and skill. 7. According to the legality of title to the office: a. De jure Officer b. De facto Officer CHAPTER 2: ELIGIBILITY AND QUALIFICATIONS 1. ELEIGIBILITY: the state or quality of being legally fitted or qualified to be chosen. Eligibility to public office is a continuing nature and must exist both at the commencement and during the occupancy of an office. 2. ELIGIBLE: means legally fitted or qualified to hold office. Used to refer to a person who obtains a passing grade in a civil service examination or is granted a civil service eligibility and whose name is entered in the register of eligibles.

7 3. INELIGIBILITY: refers to lack of the qualifications prescribed by the Constitution or applicable law for holding public office. 4. INELIGIBLE: is defined as follows: 1. Legally or otherwise disqualified to hold office 2. Disqualified to be elected to an office 3. Disqualified to hold office, if elected or appointed to it The mere certification of a person by the Civil Service Commission as a civil service eligible does not amount to an appointment to any position, nor does it insure appointment, as the appointing power has the right of choice, to be freely exercised according to judgment, as to whom is best qualified among those eligible. 5. QUALIFICATION: the term may refer to: 1. The endowment or accomplishment that fits one for office; or 2. The act which a person, before entering upon the performance of his duties, is, by law, required to do, such as the taking, and often, of subscribing of an official oath, and, in some cases the giving of an official bond. NATURE AND RIGHT TO HOLD PUBLIC OFFICE 1. The right to hold Public office is not a natural right The qualifications which relate to an office must be complied with by persons seeking that office. To hold a public office, one must be eligible and possess the qualifications prescribed by the Constitution and by law. 2. The right to hold Public Office is not a constitutional right There is no constitutional right to run for office or hold elected office. It is a political privilege which depends upon the favor of the people, which favor may be coupled with reasonable, lawful, and non-discriminatory terms laid down by law. POWERS OD CONGRESS TO PRESCRIBE QUALIFICATIONS: 1. Congress is generally empowered to prescribe the qualifications for holding public office, provided it does not exceed thereby its constitutional powers or impose conditions of eligibility inconsistent with constitutional provisions. There must be a rational nexus between any requirements and duties of the position in question. 2. Where the office is created by congress, the body can deal with the subject of qualifications and disqualifications provided that in so doing it does not impinge upon any express provision of the constitution. 3. Where the office is created by the constitution the constitutional criteria is exclusive. The congress may have no power to require different qualifications for constitutional offices other than those qualifications specially set out in the constitution unless otherwise the constitution expressly or impliedly gives the power to set qualifications.

8 POWERS OF CONGRESS TO PRESCRIBE DISQUALIFICAQTIONS In the absence of inhibition, Congress has the same right to provide disqualifications that it has to provide qualifications for office. However, congress may not add disqualifications where the constitution has provided them in such a way as to indicate an intention that the disqualifications provided shall embrace all that are permitted. Moreover, when the constitution has attached a disqualification to the holding of any office, Congress cannot remove it under the power to prescribe qualifications as to such offices as it may create. CONSTRUCTION OR RESTRICTIONS ON ELIGIBILITY 1. PRESUMPTION IN FAVOR OF ELIGIBILITY: Unless excluded therefrom by some legal disqualifications, all persons are normally and equally eligible to public office. 2. BASIS OF PRESUMPTION: Constitutional and statutory provisions which tend to limit the candidacy of any person for public office must be construed in favor of the right of voters to exercise their choice and should be construed strictly and not extended to cases not clearly covered thereby. It is the same with respect to the right to aspire and to hold public office. 3. RULE ON LIBERAL CONSTRUCTION: The right to public office should be strictly construed against eligibility. The general rule is that the right of a citizen to hold office, therefore a citizen cannot be deprived of this right without proof of some disqualifications specially declared by law. TIME OF POSSESSION OF QUALIFICATIONS: When must the Qualifications to a public office exist? 1. 2. Where the time specified by constitution or law: There can be no question but the candidate must possess the necessary qualifications at that time. Where the constitution or law is silent: the terms employed in declaring the qualifications are to be taken into consideration. a. some courts have taken the view that the word eligible as used in the constitutions and statutes, has reference to the capacity not of being elected or appointed to office, but of holding office, therefore if qualified at the time of commencement of the term or induction into office, disqualification of the candidate or appointee at the time of election or appointment is immaterial. b. other courts take the position that the conditions of eligibility must exist at the time of the elective or appointment, and that their existence only at the time of the commencement of the term of office or induction of the candidate or appointee into office and assumption by him of his duties is not enough to qualify him for the office. c. when the provisions refers to holding of office, rather than eligibility to office, in defining the qualifications are to be determined at the time of the commencement n the term or the induction into office, rather than at the time of election or appointment.

9 3. When qualifications must always exist. The fact that the candidate or appointee may have been qualified at the time of his election or appointment is not sufficient to entitle him to hold office, if at the time of the commencement of the term or tenure or during the incumbency, he ceases to be qualified. Eligibility to public office is of a continuing nature and must exist at the commencement of the term and during the occupancy of the office.

PARTICULAR QUALIFICATIONS AND DISQUALIFICATIONS: QUALIFICATIONS USUALLY REQUIRED OF PUBLIC OFFICERS: The formal qualifications usually required of public officers are the following: 1. 2. 3. 4. 5. 6. 7. 8. Citizenship Age Right to suffrage Residence Education Ability to read and write Political Affiliation Civil service examination

Religuous qualifications are prohibited, it is well settled that religious beliefs or opinions cannot be made a test of civil or political right and privilege. Impositions of Property qualifications are prohibited. It is inconsistent with the essence and nature of the republican system ordained in our Constitution and the principles of social justice. Social justice presupposes equal opportunity for all, rich and poor alike. No person shall by reason of poverty, be denied the chance to be elected to public office. QUALIFICATIONS PRESCRIBED BY THE CONSTITUTION FOR CERTAIN OFFICERS 1. President and Vice President shall not be elected unless: a. Natural born citizen of the Philippines b. A registered voter c. At least 40 years old on the day of election d. A resident of the Philippines for at least 10 years immediately preceding such election. 2. Senators shall not be elected unless: a. Natural born citizen of the Philippines b. At least 35 years old on the day of the elections c. Able to read and write d. A registered voter e. Resident of the Philippines for not less than 2 years immediately preceding the day of the election. 3. Members of the House of representatives shall not elected unless: a. Natural born citizen of the Philippines

10 b. At least 25 years old on the day of the election c. Able to read and write d. A registered voter in the district in which he shall be elected except for the party list representatives e. A resident thereof for a period not less than 1 year immediately preceding the day of the election. 4. Members of the supreme Court and lower collegiate court shall not be appointed unless: a. He is a natural born citizen of the Philippines b. At least 40 years old for members of the Supreme court c. Must have been 15 years or more as a judge of a lower court or engaged in the practice of law in the Philippines. d. Must be a person of proven competence, integrity, probity, and independence. 5. Chairman and commissioners of the Civil Service( composed of a chairman and 2 commisioners) shall be: a. Natural born citizen of the Philippines b. At least 35 years old at the time of their appointment c. Holders of college degree d. Must not have been candidates for any elective position in the immediately preceding elections. e. Majority there thereof including the chairman shall be members of the Philippine Bar who have been engaged in the practice of law for 10 years. 6. Chairman and commissioners of the Commission of Election ( composed of a chairman and 6 commissioners) shall be: a. a natural born citizen of the Philippines b. at least 35 years old at the time of appointment c. holders of a college degree d. Must not have been candidates for any elective position in the immediately preceding elections. e. Majority there thereof including the chairman shall be members of the Philippine Bar who have been engaged in the practice of law for 10 years. 7. Chairman and Commissioner of the commission on Audit ( Composed of a chairman and 2 commissioners)shall be: a. a natural born citizen of the Philippines b. at least 35 years old at the time of appointment c. certified accountants with not less than 10 years of auditing experience or members of the Philippine bar who have engaged in the practice of law for at least 10 years d. Must not have been candidates for any elective position in the immediately preceding elections e. Shall at no time, all be members of commission belongs to the same profession. 8. Chairman and Members of the commission on Human rights (composed of a chairman and 4 members)shall be: a. Natural born citizens of the Philippine b. Majority of which are shall be members of the Philippine bar

11 c. The term of office and other disqualifications and disabilities of the members of the commission shall be provided by law 9. Ombudsman and his deputies shall be: a. Natural born citizens of the Philippines b. At least 40 years old at the time of appointment c. Of recognized probity and independence d. Members of the Philippine bar e. Must not have been candidates for any elective office in the immediately preceding elections. f. The ombudsman must have for 10 years and more been a judge or engaged in the practice of law in the Philippines. QUALIFICATIONS PRESCRIBED BY LAW ON CERTAIN OFFICERS 1. Secretaries of Departments shall be: a. Citizens of the Philippines b. Not less than 25 years old 2. Presiding Justice and Associate Justices of the Court of Appeals shall have the same qualifications as prescribed by the constitution for Justices of the Supreme Court. 3. Judges of Regional Trial Courts should be: a. A natural born citizen of the Philippines b. At least 35 years of age c. At least 10 years engaged in practice of law in the Philippines requiring admission to the practice of law as indispensable requisite 4. Judges of the MTC, MeTC and MCTC shall be: a. Natural born citizen of the Philippines b. At least 30 years old c. At least 5 years engaged in the practice of law in the Philippines or held public office in the Philippines requiring admission to the practice of law as indispensable requirement. 5. Elective Local Officials shall be: a. A citizen of the Philippines b. A registered voter in the barangay, municipality, city or province or in the case of sanguniang bayan, the district he intends to be elected c. A resident therein for at least 1 year immediately preceding the day of the election d. Able to read and write Filipino or any other local language or dialect Elected Position Age requirement Governor, vice-governor, or member At least 23 years of age on election of the sanguniang panlalawigan or day. mayor, vice-mayor or member of the sangguniang panlungsod of highly urbanized cities Mayor or vice-mayor of independent At least 21 years old on election

12 component cities, component cities or municipalities Member of sangguniang panlunsod or sangguniang bayan Member of the sangguniang kabataan day At least 18 years old on election day At least 15 years old but not more than 21 years old on election day

6. Members of the Board of Election Inspectors( chairman, member or substitute member): a. Possess good moral character and irreproachable reputation b. Be a registered voter of the city or municipality c. Never been convicted of any election offense or any other crime punishable by more than 6 months of imprisonment, or if there is a pending information against him for any election offense d. Must be able to speak and write English or local dialect. DISQUALIFICATIONS TO HOLD PUBLIC OFFICE: In general, individuals who lack any of the qualifications prescribed by the constitution or by law for public office are ineligible or disqualified from holding such office. An Appointment of an ineligible or unqualified person is nullity. CAUSES OF DISQUALIFICATION TO HOLD PUBLIC OFFICE 1. Mental or physical incapacity: the law expressly requires that a public officer be in possession of his mental faculties. 2. Misconduct or crime: to assure public confidence in the essential integrity of the government, the provision of a statute prohibiting convicted persons qualifying for office promote honesty and integrity in candidates for and holders of public office. 3. Impeachment: under the constitution the: a. President b. Vice-president c. Members of the Supreme court d. Members of the Constitutional Commissions e. Ombudsman May be removed from office on impeachment for, and conviction of: a. Culpable violation of the constitution b. Treason c. Bribery d. Graft and corruption e. Other high crimes f. Betrayal of public trust Judgment in cases of impeachment is limited to removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, punishment according to law. 4. Removal or suspension from office: the grounds for removal or suspension from office include acts which would disqualify one from holding office.

13 Where there is no constitutional or statutory declaration of ineligibility for such cause, the courts may not impose the disability. A judgment of ouster may not preclude the offender from entering in a succeeding term to which he has been elected before the judgment was entered. In a case where a public officer anticipates his removal for crime or misconduct in office by first tendering his resignation, even if accepted he is not rendered eligible for election to the vacancy for the balance of the term caused by his resignation to escape expulsion. 5. Previous tenure of office: under the constitution, a disability to succeed to office is imposed upon certain officers: a. The president: is not eligible for any re-election. A person who has been elected to and has held the office of the president is absolutely disqualified for any re-election regardless of length of time he has served as such. b. A president successor: is disqualified only if he has served as such for more than 4 years. c. The chairmen and commissioners of the Civil service, Commission on elections and commission on audit and the ombudsman and his deputies: 1. Are appointed by the president without reappointment. 2. The ombudsman and its deputies shall not be qualified to run for office in the election immediately succeeding their cessation from office. 6. Consecutive terms: the constitution likewise prohibits the holding of certain elective office by the same person for more than a stated number of consecutive terms. a. Vice-president: shall not serve more than 2 successive terms; b. Senator: shall not serve for more than 2 consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected. c. A member of House Representatives: shall not serve for more than 3 consecutive terms. d. Elective local officials, except barangay officials: shall be determined by law Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected (for a, b, c, d) 7. Holding more than one office: The purpose of a restriction on multiple holdings are: a. to prevent offices of public trust from accumulating in a single person b. to prevent individuals from deriving, directly or indirectly, any pecuniary benefit by virtue of their dual position-holding.

14 Even if duties do not conflict, the consolidation of government functions in a single person could adversely affect the freedom of expression by others. Officials Imposed limitations President, Vice-President,Members of Shall not hold any other office or the cabinet, their deputies or their employment during their assistants tenure. Senator,member of the house of Shall not hold any office or representatives employment in the government-owned or controlled corporations and their subsidiaries during his term without forfeiting his seat. Members of the supreme court and Shall not be designated to any established by law agency performing quasi-judicial or administrative functions. Members of the Constitutional Shall not during the tenure hold any Commission other office or employment Ombudsman and his deputies Shall not during the tenure hold any other office or employment Appointive official unless otherwise Shall hold any other office or provided by law or by the primary employment in the government or any functions of his position subdivision, agency or instrumentality thereof including government owned and controlled corporations or any subsidiaries Member of the armed forces in the Shall not hold at any time be active services appointed or designated in any capacity to a civilian in the government including government owned and controlled corporations or any of their subsidiaries. A person who accepts and qualifies for a second and incompatible office is deemed to vacate, or by implication, to resign from first office. 8. Relationship with the appointing power: appointments should be based solely on merit and fitness uninfluenced by any personal or filial consideration since public office is a public trust. Persons exempted from the operation of the rules on nepotism: 1. Persons employed in a confidential capacity 2. Teachers 3. Physicians 4. Members of the armed forces of the Philippines 9. Office newly created or the emoluments of which have been increased: The constitution prohibits the appointment of a Senator or a Member of the House of Representatives to any office which have been created or the emoluments thereof increased during the term for which he was elected. If the increase in the emoluments is not affected by a provision enacted by congress, but by act of some other body or officer, the prohibition does not apply.

15 EMOLUMENTS: includes not only the fixed salary alone attached to that office but also includes such fees and compensations as the incumbent of the office is by law entitled to receive. 10. Being an elective official: Under the constitution no elective official shall be eligible for appointment or designation in any capacity to any office or position during his tenure. It seeks to minimize spoil system. 11. Having been a candidate for any elective position: under the constitution, no candidate who has lost in any election shall within 1 year after such election, be appointed to any office in the government or any government owned and controlled corporations or in any other subsidiaries. This provision is directed against the so called lame ducks. 12. Under the local government code: the following are disqualified from running for any elective local position: 1. Those sentenced by final judgment for an offense involving moral turpitude ot for offense punishable by 1 year or more of imprisonment, within 2 years after serving sentence. 2. Those removed from office as a result of an administrative case 3. Those convicted by final judgment for violating the oath of allegiance to the republic 4. Those with dual citizenship 5. Fugitive from justice in criminal or non-political cases here and abroad 6. Permanent residents in a foreign country or those who have acquired the right after the effectively of this code 7. The insane or feeble-minded With respect to the appointment of elective and appointive officials and candidates who lost in an election, the code provides: 1. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. 2. Except for losing candidates in barangay elections no candidates who lost in any election shall within 1 year after such election be appointed to any office in the government or any government owned and controlled corporations or any of their subsidiaries. ACQUISITION OF RIGHT OR TITLE TO OFFICE Modes of commencing official relations: A public office, being a trust or agency created for the benefit of the people can be obtained only in manner prescribed by: 1. Constitution 2. Law The manner of selecting persons for public office is generally by: 1. Election 2. Appointment APPOINTMENT: is the act of designation by the executive officer, board, or body or to whom that power has been delegated, of the individual who is to exercise the powers and functions of a given office.

16 WHERE APPOINTING POWER RESIDES: 1. Inherently belongs to the people: the selection of persons to perform the functions of government is primarily a prerogative of the people. But the people cannot always be called upon to act immediately when the selection of an official is necessary. 2. Entrusted to designated elected and appointed public officials: the appointment of public officials is generally looked upon as properly belonging to the executive department. APPOINTING POWER GENRALLY REGARDED AS EXECUTIVE FUNCTION: 1. Where power exercised by executive department: The power of appointment to public office is generally as, in its nature, executive function, whether exercised by the executive, legislative or judicial officers or bodies for appointments to office are in their nature intrinsically executive acts. 2. Where power exercised by other department: an appointment to office by one department does not necessarily constitute encroachment on any other branch. Such appointments by the several departments of government are necessary to enable them to maintain their independent existence, and do not involve and encroachment upon the function of any other branch THE POWER TO APPOINT IS DISCRETIONARY: 1. Power of the courts to review appointment: Appointment or reappointment (issuance of new appointment of a public officer involves the exercise of discretion. It cannot be the subject of an application for a writ of mandamus to compel the exercise of such discretion. The selection must be his or its act (appointing office) The power to select and appoint is and should be vested alone in the officers or bodies authorized to appoint but is limited to candidates having the qualification required by the civil service law and rules a. Appointing power has the right of choice which he may exercise freely according to his judgment, deciding for himself who is best qualified among those who have the necessary qualifications and eligibilities. b. The choice of an appointee from among qualified candidates or applicants is a political and administrative decision calling for considerations of wisdom, convenience, utility and the interests of the service which can be best made by the head of office concerned. 2. Power of the Civil Service commission to revoke appointment: The commission has no: 1. Authority to revoke an appointment on the ground that another person is more qualified for a particular position. 2. Authority to direct the appointment of a substitute of its choice or a successful protestant.

17 THE POWER MAY BE ABSOLUTE OR CONDITIONAL The power of appointment may be absolute or conditional. 1. Where the power is absolute, the choice of the appointing authority if it falls upon an eligible person is conclusive. 2. The power is conditional where assent or approval by some other officer or body is necessary to complete the appointment. Where the power of appointment is absolute, and the appointee has been determined upon, no further consent or approval is necessary, and the formal evidence of the appointment, the commission can issue at once. RESTRICTIONS ON THE POWER TO APPOINT 1. In general: Persons to be appointed to a public office should possess the prescribed qualifications and be selected solely with a view to the public welfare. a. A public entrusted with the power of appointment should exercise it with disinterested skill and in a manner primarily for the benefit of the public, for it is the policy of the law to secure the utmost freedom from personal interest in such appointment. b. A public officer having the power to appoint cannot forestall the rights and prerogatives of a successor by making a prospective appointment to fill an office where the appointee term is not to begin until the appointing powers own term has expired. 2. Under the Constitution. Appointments by the President are subject to the following constitutional provisions: a. The President cannot appoint the spouse and relatives by consanguinity or affinity within the fourth civil degree during his tenure. b. The president, two months before the next presidential elections up to the end of his term shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety. c. The congress may, by law, vest the appointment of the other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions or boards. d. The Supreme Court shall appoint all officials and employees of the judiciary in accordance with the CSC Law. e. The members of the Supreme Court and judges of the lower courts are appointed by the president from a list of at least 3 nominees prepared by the JBC for every vacancy. Such appointments need no confirmation. The President, for the lower courts shall issue the appointments within 90 days from the submission of the list. f. The Constitutional Commission shall appoint their officials and employees in accordance with law. g. The members of the CSC, COMELEC, and COA shall be appointed without reappointment. Appointment to any vacancy shall be

18 only for the unexpired term of the predecessor and no member shall be appointed temporary or acting capacity. A candidate who lost in any election shall within one years after such election cannot be appointed to any position in the government or government-owned or controlled corporations or in any subsidiaries. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other office or employment in the government or any subdivision, agency or instrumentality thereof, including GOCCs. The Ombudsman under the CSC Law shall appoint its officials and employees other than the deputies. The Ombudsman and its deputies shall be appointed by the president from a list of 6 nominees prepared by the JBC and from a list of 3 nominees for every vacancy thereafter. Appointments do not require confirmation and vacancies shall be filled within 3 months after they occur.

h.

i. j.

k. l.

3. Uner the existing laws. The restrictions on the power to appoint are found primarily in the provisions prescribing the qualifications and disqualifications for holding public office. Congress, unless prohibited by the constitution can add qualifications and disqualifications to those provided in the Constitution but it is not within its power to supersede or alter them. No appointment can validly be made to an office which is not vacant. WHEN APPOINTMENT DEEMED COMPLETE 1. Not subject to confirmation. The commission may issue at once the appointment where: a. The power of appointment is absolute b. The appointee has been determined c. No further consent or approval is necessary and the formal evidence of appointment. 2. Subject to confirmation. The appointment becomes complete when the last act required by law of the appointing power has been performed. a. Where the assent or confirmation of some other officer of body is required, the commission can issue only when such assent or confirmation is obtained. 3. Approved by the CSC. Appointment to positions in the civil service must be submitted to the Commissioner of CSC for approval. a. Where the appointee is a qualified service eligible, the Commissioner of CSC shall attest to the appointment. The attestation is done only to assure the compliance with the CS Law. The appointment becomes complete when the last act required by law of the appointing power has been performed. The appointment shall lapse despite attestation when the Commissioner

19 of the CS would later on reject the appointment for reason of lack of eligibility. b. The acts of the appointing power (head of department or office) and the approval of the Commission acting together though not concurrently, but consecutively are necessary to make an appointment complete. The confirmation or attestation of the appointment of the CSC does not complete the appointment since such attestation although essential part of the appointing process, serves merely to assure the eligibility of the appointee. 4. Effects of appointment. The right to the office is in the person appointed and he has the absolute unconditional power of accepting or rejecting it. No new further appointment could be made to a position already filled by a previously completed appointment which had been accepted by the appointee through a valid qualification and assumption of its duties. ACCEPTANCE OF APPOINTMENT The appointment to a public office is necessarily acceptance by the appointee and is accordingly distinct from it. 1. Acceptance is not appointment. The appointment power to make it, just as appointee. Where there is no the appointees acceptance of appointment. precedes

necessary to completion or validity of is the sole act of those vested with the the acceptance is the sole act of the express provision of law to the contrary, the office is not necessary to complete the

2. Acceptance is necessary to possession of office. The individual chosen to an office cannot be deemed to be either fully possessed of its rights and privileges or subject to the performance of its duties and obligations until he has in fact accepted it. Acceptance is necessary to enable the appointee to have full possession, enjoyment and responsibility of an office. An appointee cannot impose his own conditions for the acceptance of a public office. He may either accept or decline it. FORM OF ACCEPTANCE: 1. EXPRESS or when done verbally or in writing. The best formal evidence of the acceptance is the qualification of the officer appointed by taking the oath of office or in other instances posting of bond when the law requires. 2. IMPLIED or when without formal acceptance, the appointee enters upon the acceptance upon the exercise of the duties and functions of an office. The mere seeking for the office of the consent to be voted or appointed though it may imply a promise to accept if elected or appointed does not of itself amount to actual acceptance of the office. OBLIGATION OF ELECTED OR APPOINTED INDIVIDUAL TO ACCEPT OFFICE:

20 1. Generally, not subject to compulsion. A person as a general rule cannot be compelled to accept a public office. EXCEPT: a. Under the constitution the government may call upon its people to defend the state and in the fulfillment thereof, all citizens may be required under the conditions provided by law, to render military or civil service. b. The RPC imposes penalty of arresto mayor of a fine not exceeding 1,000 pesos or both upon person who having been elected by popular election to a public office, shall refuse without legal motive to be sworn in or discharge the duties of the office. c. Male inhabitants of a certain age may be required by the state in the exercise of its police power to assist in the protection of the peace and order of the community. 2. Obligation in the nature of a social duty. Every person who enters into the civil society and avails himself of the benefits and protection of the government, must owe to the society or to the public, at least as a social duty to bear his share of the public burdens by accepting and performing, under reasonable circumstances, the duties of those public offices to which he may be lawfully chosen, especially where he sought the office or gave his consent to be appointed. NECESSITY OF WRITTEN APPOINTMENT: 1. An appointment to a public office should be in writing or there should be some written memorial of the fact of appointment signed and executed by the appointing power for an appointment to office affects the public and not merely private rights and should be authenticated in a way that the public may know when and in what manner the duty has been performed. REVOCATION OF APPOINTMENTS: 1. Where appointment final and complete. As a general rule, appointment to an office once made and complete is not subject reconsideration or revocation. Revocation of an appointment made, if it is to be successful before the appointment complete. an to is is

Once the last act of the appointing authority has been accomplished, the appointment cannot be reconsidered and revoked. The appointee becomes entitled to the office except where an officer is removable at will of the appointing authority. Removal from office takes place after title to the office has become vested in the appointee. 2. Where appointee has assumed position. The moment the appointee assumes a position in the civil service under a completed appointment approved by the commissioner of the CS, he acquires a legal, not merely an equitable right, which is protected not only by statute but also by the constitution and it cannot be taken away from him either by revocation or removal except cause and with previous notice and hearing, consistent with the

21 Constitution process. ad with the constitutional requirements of due

Unless the appointment is an absolute nullity, or in the absence of fraud on the part of the appointee, the irregularity must be deemed cured by the probational and absolute appointment of the appointee and should be considered conclusive. 3. Where protestant more qualified than appointee. An appointment to office that has become complete and irrevocable will continue so as against any attempt by the appointing powers successor in office to reconsider and revoke the appointment. The appointing power cannot effect the removal of the appointee by rescinding or revoking his appointment after it is complete on the ground merely that the protestant is more qualified than the first appointee, subject, however, to the condition that the first appointee should possess the minimum qualifications required by law. APPOINMENTS BY THE PRESIDENT Power of appointment of the President: The power of the President to appoint officers in the government is conferred upon him by the provisions of the constitution. (art VII sec 16). Under the said provisions there are 4 groups of officials whom the president can appoint: 1. The heads of the executive departments, ambassadors, other public ministers and consuls officers of the armed forces from the rank of colonel or naval captain and other officers whose appointment are vested in him in the constitution. Other officers include: the regular members of the judicial and bar council, the chairman and commissioners of CSC,COA and the Members of the regional consultative commission. 2. All other officers whose appointments are not otherwise provided by law and they refer to offices to be appointed to lower offices created by the congress where the latter omits to provide for appointment to said office, or provides in an unconstitutional way for such appointments 3. Those whom the president may be authorized by law to appoint such as heads of the government-owned or controlled corporations, undersecretaries, heads of bureaus and offices and other officials, 4. Other officers lower in rank whose appointments the congress by law vests in the president alone. CONFIRMATION OF APPOINMENTS BY COMMISSION ON APPOINTMENTS: THE FOLLOWING DO NOT NEED CONFIRMATION: 1. Only the officers on the first group above are appointed with the consent or confirmation of the Commission on appointments. Congress cannot, by law, require confirmation of appointments of other officers.

22 2. The president under the constitution appoints the members of the SC, judges of the lower courts including the sandiganbayan and Tanodbayan and his deputies from a list prepared by the Judicial and bar council. 3. The officers which the the law authorizes the president ot appoint such as the Chairman and members of the CHR. APPOINTMENTS BY OTHER OFFICIALS: 1. Under article VII sec 16 of the Constitution, congress may by law vests in the courts, heads of departments, agencies, commissions, or boards the power to appoint officers lower in rank in their respective offices. LOWER IN RANK reefers to officers subordinate to those enumerated officers in whom respectively the power of the appointment may be vestedthe heads of executive departments, agencies, commissions and boards. KINDS OD PRESIDENTIAL APPOINMENTS: Under the constitution, appointments may be classified as follows: 1. Regular of those made while Congress is in session. They are actually mere nominations subject to confirmation by the Commission on appointments. 2. Ad interim or those made while congress is not in session or during recess 3. Permanent or those which last until they are lawfully terminated 4. Temporary or acting or those which last until a permanent appointment is issued. Appointments which are required to be submitted to the Commission on appointments: Is either regular or ad interim. Both are permanent in nature. Section 15 of Article VII gives the president the power to make temporary appointments. Two months immediately before the next presidential elections and up to the end of his term a president or acting president shall not make appointments except temporary appointments to executive positions when continued vacancies therein will prejudice service or endanger public safety.

AD INTERIM APPOINTMENTS Ad interim appointments or appointments made by the president during the recess of Congress whether such recess is voluntary or compulsory. Compulsory recess takes place before the adjournment of congress like Christmas recess. 1. Under the constitution the Commission of appointments which approves major appointments of the president meets only while congress is in session. The appointment remains effective until the end of the session following such appointment or until the

23 next adjournment of the next session, regular or special, of congress. 2. When the president makes an ad interim appointment with the consent of the commission of appointments, he exercise a special prerogative and is bound to be prudent to insure approval of his selection either by previous consultation with the members of the Commission on appointments or by thereafter explaining to them the reason for such election. The grant of power is justifiable only on the theory of an existing clear and present urgency caused by impeding obstruction or paralyzation of the functions assigned to the office to be filled if not immediate appointment is made. The sole purpose is to render it certain that at all time there should be, whether Congress is in session or not an officer for every office, entitled to discharge the duties thereof. The ad interim appointment contradicts with the theory of check and balances in that it permits the executive alone to make an appointment permanent and effective in character without the previous scrutiny and concurrence of the legislative power acting through the commission. TEMPORARY OR ACTING APPOINTMENTS; 1. The power to appoint vested in the Chief executive includes the power to make temporary or acting appointments, unless he is otherwise specially prohibited by the constitution or law, or a temporary appointment is repugnant to the nature of the office to be filled. 2. An acting appointment being essentially temporary or provisional in character cannot validly confirmed by the Commission on appointments because confirmation presupposes a valid nomination or ad interim appointment. An officer who was appointed to an office in an acting capacity has no personality to bring a quo warranto action against the permanent appointee to the position since the former is not entitled to the office. 3. A temporary appointment is an acting appointment. The one who holds a temporary or acting appointment has no fixed tenure of office and therefore his employment can be terminated at the pleasure of the appointing power even without hearing or cause. But such appointment cannot be used by the appointing authority as a device or justification in order to evade or avoid security of tenure principle in the Constitution and CSC law. Ad interim appointments are permanent in nature and not mere temporary or acting appointment notwithstanding that it is subject to the confirmation by the Commission on appointments. It may be recalled or revoked by the president before confirmation. 4. An unqualified person cannot be appointed even in an acting capacity. DESIGNATIONS

24 DESIGNATION: is the mere imposition of new or additional duties upon an officer to be performed by him in a special manner while he performs the functions of his permanent office. A public officer may be designated to a position in an acting capacity as when an undersecretary is designated to discharge the functions of the secretary. It presupposes that the officer is already in the service by virtue of an earlier appointment, performing other functions. It is revocable and temporary in character for it does not confer upon the designee security of tenure in all the position of office which he occupies in an acting capacity only. Designation does not entitle the officer designated additional benefits or the right to claim the salary attached to the position. It cannot also be validly acted upon by the Commission of Appointments. STEPS IN THE APPOINTING PROCESS: The president power of appointment of officers subject confirmation of the Commission on appointments involves 3 steps: to the

1. NOMINATION: it is the prerogative of the president upon which no limitation may be imposed by congress, to prescribe the qualifications to a given appointive office. He may listen to and accept the recommendation or advice of others or yield to their request or pressure but legally he alone is responsible for his nominations. 2. CONFIRMATION: the power to confirm or reject certain appointments belongs to the congress. This power to check is exercised through the members of both Houses in the Commission on Appointments There is no appointment yet until it is confirmed. Therefore appointment is joint act of the President and the Commission on Appointments The evident intent is to strike a careful and delicate balance in the matter of appointments for the President and Congress. A confirmation of an appointment to a public office is to be distinguished from the appointment itself for in confirming the appointment, the Commission on appointments does not in any sense choose the appointee. A confirmation cannot be reconsidered after the president has been notified of the confirmation and has completed by the appointment by issuing a commission to the appointee, who thereupon assumed the office even though the rules of the confirming body provide for reconsideration. 3. ISSUANCE OF THE COMMISSION: COMMISSION is defined as a written authority from a competent source given to the officer as his warrant for the exercise of the powers and duties of the office for which he is commissioned.

25 It is the written evidence of the appointment, but not the appointment itself, although in some instances, it seems inseparable because of the difficulty of showing the appointment otherwise than by showing the existence of the commission which becomes conclusive evidence of the appointment as soon as it is signed by the president. The constitution has no provision that imposes upon the president the duty of issuing a commission to every officer appointed under his authority, but a commission is part and parcel of appointment and serves as evidence of the consummation of the exercise of the appointing power. Distinction between elected and appointed officers is that a person elected to an office, his right is established by the result of the election and does not depend upon his getting a commission. The issuance of a commission is merely a ministerial act and not as where an office is acquired by appointment, a part of the appointment act.

APPOINTMENT IN THE CIVIL SERVICE The Civil Service System: 1. SCOPE: the Civil service embraces all branches, subdivisions, instrumentalities and agencies of the Government including GOCCs with original charters. 2. PURPOSE: the civil service rests on the principle of application of the merit system instead of the spoils system in the matter of appointment and tenure of office. The CS laws are designed: 1. to eradicate the system of making appointments primarily from political considerations with its attendant evils 2. to eliminate as far as practicable the element of partisanship and personal favoritism in making appointments, 3. to prevent discrimination in appointments to public service based on any consideration other than fitness to perform its duties. 4. To enable the national and local government and all its instrumentalities and agencies to render more efficient services to the public by enabling them to obtain efficient public servants. CLASSIFICAATIONS OF POSITIONS IN THE CIVIL SERVICE: 1. CAREER SERVICE is characterized by: a. Entrance is based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications b. Security of tenure c. Opportunity for advancement to higher career positions.

26 Career service includes: 1. Open career positions for appointments to which prior qualification in an appropriate examination is required 2. Closed Career position which is scientific or highly technical in nature 3. Positions in the Career Executive Service 4. Career officers other than those in the Career executive Service who are appointed by the president 5. Commissioned officers and enlisted men of the armed forces 6. Personnel of GOCCs whether performing governmental pr proprietary functions who do not fall under non-career service 7. Permanent laborers, whether skilled, semi-skilled or unskilled. 2. NON- CAREER SERVICE is characterized by: a. Entrance on basis other than those of usual test of merit and fitness utilized for the career service b. Tenure which is limited to ap period specified by law, or which is co-terminous with that of the appointing authority or subject to his pleasure or which is limited to the duration of a particular project for which purpose of employment was made. Non-career includes: 1. Elective officials and their personnel or confidential staffs 2. Department heads and other officials of cabinet rank who hold positions at the pleasure of the president and their personal or confidential staffs 3. Chairmen and members of the commissions and boards with fixed terms of office and their personal of confidential staffs 4. Contractual personnel, or those whose employment in the government is in accordance with a special contract to undertake a specific work or job requiring special or technical skills not available in the employing agency, to be accomplished within a specified period which in no case shall exceed 1 year and performs or accomplishes with a minimum of direction and supervision from the hiring agency 5. Emergency and seasonal personnel 6. Casual where and when employment is not permanent but occasional unpredictable, sporadic and brief in nature. CLASSES OF POSITIONS IN THE CAREER SERVICE THREE MAJOR LEVELS: 1. The first level includes the clerical, trades, crafts and custodial services which involves non-professional or subprofessional work in a non-supervisory or supervisory capacity requiring less than 4 years of collegiate studies. 2. The second level includes professional, technical and specific positions which involve professional, technical or scientific work in a non-supervisory or supervisory capacity requiring at least4 years of college work up to Division level

27 3. The third Service. level covers positions in the Career Executive

Requirements of a competitive examinations. Except as otherwise provided, entrance to the 1st two levels are through competitive examinations which shall be open to those inside and outside the service who meet the minimum qualification requirements. Entrance to the third level is prescribed by the Career Executive Service Board and does not require previous qualifications in the lower level. No civil service examination is required for promotion to a higher position in one or more related occupational groups but a candidate for promotion should however have previously passed the examination for the level. CONSTITUTIONAL CLASSIFICATION On the basis of appointment the Constitution classifies positions in the civil service in two principal groups: 1. COMPETITIVE- those whose appointments are made accordingly to merit and fitness to be determined as far as practicable by competitive examinations 2. NON-COMPETITIVE those whose appointments do not have to take into account merit and fitness as determined by competitive examinations. DETERMINATION OF MERIT AND FITNESS BY COMPETITVE EXAMINATIONS The selection of any appointee as a general rule shall be made only according to merit and fitness to be determined as far as practicable by competitive examination, to perform the duties and assume the responsibilities of the position without regard to any other consideration such as sex, color, social status, religion or political affiliation. An examination to be competitive within the meaning of the constitutional provision must be given under the objective standard of grading, it must conform to measures or standards which are sufficiently objective to be capable of being challenged and reviewed, when necessary, by other examiners of equal ability and experience. An examination is denominated as competitive does not make it competitive, the examination must be competitive in substance not merely in form. An oral examination may be competitive where tests of manual or professional skill is necessary, provided the examination questions as such as to the best determine the practical and technical qualifications of the applicants to perform the duties of the position to be filled. EXEMPTION FROM RULE OF NON-COMPETITVE POSITIONS The following are exempted from the rule requiring appointments in the Civil Service to be made on the basis of merit and fitness to be determined as far as practicable by competitive examinations:

28 1. Policy determining positions: where occupants are vested with the power of formulating policies for the government or any of its agencies, subdivisions, or instrumentalities, like member of a cabinet. 2. Primarily confidential positions: where an occupant enjoy more than the ordinary confidence in his aptitude of the appointing power but bears primarily such close intimacy which insures freedom of intercourse without embarrassment or freedom from misgiving of betrayal or personal trust on confidential matters of the State, like of a private secretary or confidential agent. The termination of their official relation can be justified on the ground of loss of confidence because in that case, their cessation from office involves removal but merely the expiration of the term of office. 3. Highly technical positions: where occupants is required to possess skills or training in the supreme or superior degree, like that of a scientist. But the constitution does not exempt such positions from the operation of the principle that no officer or employee in the Civil Service shall be removed or suspended except for cause provided by law nor from the requirement that opportunities thereto shall be made according to merit and fitness. What determines ultimately whether an administrative position is primarily confidential, policy determining or highly technical is the nature of the functions attached to the position. QUALIFICATION STANDARDS IN THE CIVIL SERVICE A QUALIFICATION STANDARD expresses the minimum requirements for a class of position in terms of education, training and experience, civil service eligibility, physical fitness and other qualities required for successful performance. Under the Civil service decree, the degree of qualifications of an officer or employee shall be determined by the appointing authority on the basis of the qualification standards for the particular position. 1. Use of qualification standards. Qualification standards shall be used: a. As basis for civil service examinations for positions in the career service b. As guides in the appointment and other personnel actions in the adjudication of protested appointments c. In determining training needs d. As aid in the inspection and audit of the agencies personnel work programs 2. Establishment, administration and maintenance of qualification standards. Qualification standards shall be administered in such a manner as to continually provide incentives to officers and employees towards professional growth and foster the career system in the government service. They are the responsibility of the department or agency, with the assistance and approval

29 of the CSC and in consultation with the Wage and Position Classification Office. 3. Application of qualification standards. Approval by the CSC is required by law because the commission is the central personnel agency of the government entrusted with the enforcement of laws relative to the selection, promotion and discipline of civil servants. Without a duly approved qualifications standards, it would be extremely difficult if not impossible for the appointing authority to determine the qualifications and fitness of an applicant for a particular position. It would not have basis or guide in extending promotional or original appointment in filling up positions in its department or agency. 4. Offsetting of deficiencies. Even if an appointee possesses the required civil service eligibility, there would be an abuse of discretion by the appointing authority if the other qualifications are not satisfied. When necessary, education, experience, or training may be used interchangeably to offset the deficiencies except the required eligibility. The decision as to when the conditions give rise to necessity to interchange education with experience or training and vice versa rest upon the sound discretion of the appointing authority who is in best position to determine the needs of his office and how to satisfy those needs. KINDS OF APPOINTMENT IN THE CAREER SERVICE 1. PERMANENT; or one which is issued to a person who meets all the requirements for the position to which he is appointed in accordance with the provisions of law and the rules and standards promulgated pursuant thereto, including the appropriate eligibility prescribed; it lasts until fully terminated. 2. TEMPORARY or ACTING: or one which is issued to a person who meets all the requirements for the position to which he is being appointed except the appropriate civil service eligibility; it shall not exceed 12 months. The appointee may be replaced sooner if a qualified civil service eligible becomes available. INSTANCES OF TEMPORARY APPOINTMENTS 1. The appointee does not possess civil service eligibility 2. Appointee is one with civil service eligibility but different from that which is appropriate to the position for which he was appointed. 3.