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What is public office?

Right, authority, and duty created and conferred by law, by which for a given period, 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.

It is also a charge, station or employment conferred by appointment or election by a government.

As a public trust, what does it mean?

Art. 11 sec. 1, Constitution: Public office is a public trust. Public officers and employees must at all

times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency,

act with patriotism and justice, and lead modest lives.

Regarded as public servantspowers delegated are held in trust for the people and are to be exercised

in behalf of the government or of all citizens. Such trust extends to all within the range of duties

pertaining to his office.

Subject to highest standards of accountability and service.

Does holder have vested right? Is it property?

No.

Subject to removal or suspension according to lawit is not the property of the holder. He is not denied

due process when the office is abolished before the expiration of his term; or by removal or suspension

according to law; or by passing a statute limiting or reducing his compensation

Without vested right in public officeno one has a vested right over any public office he holds, much

less a vested right to an expectancy of holding public office. Except constitutional offices (special

immunity as regards salary and tenure), no one has any vested right to an office or its salary.

Right is in the nature of privilege entitled to protection - right to office is recognized as a privilege

entitled to the protection of the law. When there is a dispute concerning ones constitutional right to

security of tenure, the public office is deemed analogous to property in a limited sense.

Right is personal to himit is not a property which passes to his heirs upon death. It cannot be

inherited.

Difference between public office and public employment?

Public officeevery public office may be an employment

1. Created by law2. With duties involving the exercise of some portion of the sovereign power3. Public is concerned in the performance of which

Public employmentevery public employment is NOT an office

1. Created by contract of employment2. Lacks one or more of the considerations under public office.

Elements of Public office

1. Created by the constitution, law or agency, to which the power to create was delegated2. Invested with an authority to exercise some portion of the sovereign power for public interest

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3. Powers and function are defined by the constitution, law or legislative authority4. Duties are performed independently, without control of a superior power other than law, unless

they are those of a subordinate

5. Continuing and permanent in natureCreation of Public office

By Constiution, statutory provision or by authority conferred by it

By Congress, except by the constitution, creation is primarily a legislative function

By exigencies of government, legislature may create and defined new duties

When created by the legislature, it may prescribe the mode of filling the office, powers and

duties, abolishment

By the Presidentoffices in the executive department, Presidentis power of control may justify him to

inactivate functions of a particular office.

Important distinguishing feature (?)

Meaning of public official

Officer is one who holds public office. Under the Admin Code, it refers to a person whose duties involvethe exercise of discretion in the performance of the functions of government.

Public officer is such an officer as is required by law to be elected or appointed, who has a designation

or title given to him by law, and who exercises functions concerning the public, assigned to him by law.

Under the RPC, any person who takes part in the performance of public functions or performs public

duties is deemed a public officer. The RPC definition, therefore, eliminates the standard distinction

between officer and employee.

Employee includes and person in the service of the government or any of its agencies, divisions,

subdivisions, or instrumentalities.

Public official is defined as an officer of the Government itself, as distinguished from the officers and

employees of instrumentalities of the government. However, the term public official is ordinarily

synonymously used with public officer.

Meaning of qualification.

QualificationIt may refer to the endowment or accomplishment that fits one for office or it may refer

to the act which a person is legally required to do before entering upon the performance of his duties.

Where can requirements be found?

Constitution

Statutory law

Who prescribes the requirement?

Congress, as long as they are not inconsistent with the constitutional provisions.

Congress does not have the power to require different qualifications for constitutional offices other than

those laid in the Constitution.

When must qualification be possessed?

When specified, at the time specified (duh)

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Where Constitution or law is silent, the courts may take recourse to some other means to determine

specifications such as through textual analysis of the terms used in the qualifications.

When qualification must always exist, at the commencement of the term and during the occupancy of

the office.

Qualifications

1. Citizenship2. Age3. Right of Suffrage4. Residence5. Education6. Ability to read and write7. Political affiliation8. Civil service examqualifications in an appropriate exam for appointment to first and second

level positions in the career service is required under the Civil Service Law to ensure merit and

fitness to perform the duties attached to the positions.

*Religious qualifications prohibited

Disqualifications

1. Mental or physical incapacity2. Misconduct or crime3. ImpeachmentPresident, VP, Members of the SC, Members of the ConComs, Ombudsman

Holding of more than one office, when allowed?

No constitutional right to holding incompatible offices.

A person who accepts and qualifies for a second and incompatible office is deemed to vacate, or by

implication, to resign from the first office.

When allowed? (?)limitations?

Is dual citizenship a disqualification? Permanent residence in another country?

Under LGC, person with dual citizenship and permanent residents of foreign countries are disqualified to

run for any elective local position.

How is right or title to office acquired?

By election

By appointment

Appointment who makes? Discretionary?

Inherently belongs to the peoplethe selection of persons to perform the functions of government is

primarily a prerogative of the people.

Entrusted to designated elected and appointed public officialsAppointment is generally looked upon

as properly belonging to the executive department. It may also be made by Congress and the courts, but

taken as an incident to the discharge of functions within their respective spheres.

Creation of public officelegislative

Appointment of a particular personexecutive

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Yes, discretionary. Appointment involves the exercise of discretion, which, unless gravely abused, courts

will not attempt to control. It cannot be subject of mandamus. Once the discretionary power of

appointment is exercised and the appointee assumed the duties and functions of his position, the

appointment cannot anymore be revoked by the appointing authority, except for cause.

The CSC has no authority to revoke an appointment on the ground that another person is more qualified

and to direct the appointment of a substitute. Appointment may be void from the beginningfraud.

Power to appointwhen absolute and when conditional?

Absolutethe choice of the appointing authority if it falls upon an eligible person, is conclusive. No

further consent or approval is necessary.

Conditionalthe assent or approval by some other officer is necessary to complete the appointment.

Appointment may be complete only when such assent or confirmation is given.

Are there restrictions on the power to appoint?

Generallyappointees should possess the prescribed qualifications and be sselected solely with a viewto the public welfare. The power of appointment must be exercised with disinterested skill and in a

manner primarily for the benefit of the public.

Under the constitution:

Relationship restrictions and 2 months prior to presidential elections restriction on appointments made

by the president.

SC shall have the power to appoint all officials and employees of the judiciary in accordance with the

Civil Service Law

The members of the SC and judges of lower court shall be appointed by the President from a list

prepared by the JBC

ConComs shall appoint their officials and employeesMembers of the ConComs shall be appointed without re-appointment. Appointment to any vacancy

shall only be for the unexpired term of the predecessor. In no case shall any member be appointed or

designated in a temporary or acting capacity.

No candidate who has lost in any election shall within one year after such election be appointed to any

office in the Government or any government-owned or controlled corporations or in any of their

subsidiaries

No elective official shall be eligible for appointment or designation in any capacity as to any public office

or position during his tenure.

Ombudsman appointed by the president, officials and employees of the Office of the Ombudsman,

other than the deputies shall be appointed by the ombudsman according to the Civil Service Law.

Under existing laws :

Restrictions on the power to appoint are found primarily in provisions prescribing the qualifications and

disqualifications for holding public office.

No valid appointment when the office is not vacant.

When is the appointment complete?

If absolute, no confirmation needed

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If subject to confirmation, upon confirmation of some other officer

Approval by the CSC:

1. Where appointee is a qualified service eligible, the Commissioner has no choice but to attest tothe appointment. Attestation required is merely a check to assure compliance with the Civil

Service Law, but the appointment is subject to the condition that if the Commissioner would

later on reject the appointment by reason of lack of eligibility, appointment shall lapse despite

attestation.

2. The acts of appointing power and approval of the CSC acting together though not concurrently,but consecutively, are necessary to make an appointment complete. In classified positions,

appointment must be approved by the Commission to be entitled to the protection against

unjust removal.

Confirmation or attestation of the appointment by the CSC does not complete the appointment since it

serves merely to assure the eligibility of the appointee.

Is acceptance of appointment necessary for completion and validity?

How is acceptance made?