LAW ON PUBLIC OFFICERS (Chapters I-IV)

CHAPTER I: CONCEPTS PUBLIC OFFICE PUBLIC CONTRACT

OFFICE –position or function by virtue of which a person has some employment I  Creation incident  originates from the will of
the affairs of another, whether the incumbent is selected by appointment or by of sovereignty the contracting parties,
as to creation
election, and whether he is appointed during the pleasure of the appointing power subject to the limitations
or for a fixed term. imposed by law
 Its object carry’s  Obligation only upon
PUBLIC OFFICE – is the right, authority, and duty created and conferred by law, out sovereign as persons who entered the
by which for a given period, either fixed by law or enduring at the pleasure of the well as same.
appointing power, and individual is invested with some portion of the sovereign governmental
functions of the government, to be exercised by him for benefit of the public. as to object
function affecting
even persons not
PURPOSE AND NATURE OF PUBLIC OFFICES bound by
PUBLIC TRUST contract.
1. Holders regards as public servants  Embraces the  Almost always limited in
2. Holders subject to highest standards of accountability and service idea of tenure, its duration and specific
duration, and in its object. Its terms
Public office is a public trust. Public officers and employees must at all times be continuity, and define and limit the
accountable to the people, serve them with the utmost responsibility, integrity, as to subject the duties rights and obligations of
loyalty and efficiency, act with patriotism and justice, and lead modest lives. matter and scope connected the parties and neither
therewith are may depart therefrom
NOT PROPERTY generally without consent of the
1. Holder subject to removal or suspension according to law continuing other.
2. Holder without vested right in any public office.  and permanent.
3. Holder’s right in nature of privilege entitled to protection. *Public Office is public employment, but not all public employment is a public office
4. Holder’s right personal to him.
PUBLIC OFFICE PUBLIC EMPLOYMENT
Public office is not property of the office holder within the meaning and
 an employment  Although every public
contemplation of the due process requirements of the constitution.
office may be an
key
employment, every
NOT A CONTRACT considerations
public employment is
1. Created no contractual relation between holder and the public.
not an office.
2. Exists by virtue of some law.
3. Generally entitles holder to compensation – a public officer is entitled to  Created by law,  Created not by forced of
the compensation for the performance of his public duties when the law with duties cast law but by contact of
attaches it to the office. If o salary is provided by law for an office, the upon the Employment, it does not
incumbent is presumed to have accepted it without pay and he cannot incumbent which rise to the dignity of a
recover anything for service rendered by him. Salary is a mere incident involve the office.
manner of
and forms no part of the office. It is not necessary criterion for determining exercise of
creation and
the nature of the position. sovereign power
nature of duties
and in the
performance of
which the public
is concerned.
 Not a contract.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
The right of the
incumbent to the
position does not
rest upon any
agreement
between the
government and
himself.
ESSENTIAL ELEMENTS OF PUBLIC OFFICERS
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 trust.
3. Its powers and functions are defined by the constitution, or by law, or
through legislative authority.
4. The duties pertaining thereto are performed independently, without
control of superior power other than law, unless they are those of a
inferior or subordinate officer, created or authorized by the legislature
and placed it under the general control of a superior officer or board.
5. It is continuing ad permanent in nature and not occasional or
intermittent.
CREATION OF PUBLIC OFFICE
1. GENERALLY
a. By the CONSTITUTION, STATUTE, TRIBUNAL BODY.
b. By the Congress
i. Exigencies of government it is necessary to create and
define duties.
ii. An office created by the legislature is wholly within the
power of the body. Can fit and abolish the office.
c. By the PRESIDENT
i. Bureaus, agencies or office in executive department.
MODIFICATIONS OR ABOLITION OF PUBLIC OFFICE [CO-CO]
1. OFFICE CREATED BY THE CONGRESS
a. The power to create an office generally includes the power to
modify or abolish it.
b. The power is inherently legislative.
c. Power to fix the number of positions and the salaries or
emoluments of the holders thereof and to provide funds for the
offices created.
2. OFFICES CREATED BY THE CONSTITUTION
a. Constitutional offices may be modified or abolished by the people
through a constitutional provision.
EXERCISES OF SOVEREIGN POWERS AND FUNCTION.[P-O-E-A]
1. One of the most important criteria of public office
a. exercise some portion of the sovereign power of the State
2. Authority conferred by law
3. Extent of authority not material – it is the duty of his office which make him
a public officer and not the extent of his authority.
4. Presumption of regularity of official acts –absent clear and convincing
proof, the bare allegation that a public officer acted with malice or
prejudice cannot be sustained. Presumption does not apply when an
official’s acts are not within the duties specified by law, particularly when
his acts properly pertain or belong to another entity, agency or public
official.
TENURE AND DURATION [E-C-P]
1. Existence of definite tenure not material - the duration of tenure need
not be for a fixed period, but may be at the pleasure of the appointing
power. The absence of definite tenure does not necessarily preclude a
position or employment from constituting a public office.
2. Continuance of office holder not material
3. Permanence of office not material – however, something more
permanent than a single transaction or transitory act is commonly
required to make the position a public office.
MEANING OF OFFICER/PUBLIC
1. Officer - required by law to be elected or appointed who a designation or title
has given to him by law, and who exercises functions concerning the public,
assigned to him by law.
2. Employee any person in the service of the government or any of its agencies,
divisions, subdivisions, or instrumentalities. (Not a clerk)
OFFICER AND EMPLOYEE DISTINGUISHED
1. In the law of public officer greater importance, dignity, and independence
of his positions.
2. Under the Revised Penal Code.
MEANING OF PUBLIC OFFICIAL
o An officer of the Government itself, as distinguished from the officers and
employees of instrumentalities of government.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
CLASSIFICATION OF PUBLIC OFFICE/ PUBLIC OFFICERS Ineligibility
1. As to nature of functions: o the lack of qualification prescribed by the Constitution or applicable laws
a. Civil office —it covers any kind of a public office, whether for holding an office.
executive, legislative, or judicial.
b. Military office Ineligible – has been defined as follows:
2. As to creation: a. Legally or otherwise disqualified to hold an office
a. Constitutional office b. Disqualified to be elected to an office
b. Statutory office c. Disqualified to hold an office, if elected or appointed to it
3. As to the department of government to which it belongs:
a. Legislative office Meaning of qualification
b. Executive office a. May refer to the endowment and accomplishment that fits one for office
c. Judicial office b. May refer to an act which a person, before entering the performance of his
4. As to branch of government served: duties, is, by the law, required to do, such as the taking, and often, of
a. National office subscribing and taking of an official oath, and, in some cases, the giving of
b. Local office an official bond
5. As to whether exercise of discretion is required:
a. Quasi-judicial office – it includes any office (other than courts of Nature of right to hold public office
justice) whose officers are charged with functions that are not 1. Not a natural right – To hold a public office, one must be eligible and
strictly judicial but require the exercise of discretion or judgment possess the qualifications prescribed by the Constitution.
b. Ministerial office–it includes any office whose officers are charged 2. Not a constitutional right – There is no constitutional right to run for office
with the duty to execute the mandates lawfully issued, of their or hold elected office. Rather, it is a political privilege which depends upon
superior. the favor of the people for the public good.
6. As to compensation:
a. Lucrative office, office of profit, or office coupled with an interest. - Powers of Congress to prescribe qualifications
It includes any office to which salary, compensation or fees are a. In general - Congress is generally empowered to prescribe the
attached. qualifications for holding public office, provided it does not exceed thereby
b. Honorary office– no compensation is attached and is supposed to its constitutional powers or impose conditions of eligibility inconsistent with
be accepted merely for the public good. constitutional provisions. There must be a rational nexus between any
7. Legality of title to office: requirements and duties of the position in question.
a. de jure b. Where office created by Congress- body can deal with the subject of
b. de facto qualification and disqualification, provided that in so doing it does not
impinge upon an express provision of the Constitution.
Office of trust – if the duties and functions require the exercise of judgment, c. Where office created by the Constitution - General rule is that where the
experience and skill. Constitution establishes specific eligibility requirements for a particular
constitutional office, the constitutional criteria are exclusive. Thus,
Congress may have no power to require different qualifications for
CHAPTER II: ELIGIBILITYAND QUALIFICATION constitutional offices other than those qualifications specifically set out in
Meaning of eligibility/eligible/ineligibility/ineligible the Constitution, unless the Constitution expressly gives the power to set
Eligibility qualifications.
o the state or quality of being legally fitted or qualified to be chosen. d. Where qualifications prescribed by the Constitution - not self-executing
Eligibility to a public office is of a continuing nature and must exist both at
the commencement and during the occupancy of an office.
Eligible
o legally fitted or qualified to hold an office.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
Power of Congress to prescribe disqualifications
 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 to be 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
Act adds grounds of disqualifications of a SC justice
1. The subject Act added grounds of disqualifications; SC prohibits
certain Justices from fulfilling the power and duty given by the
Constitution.
2. The Act disqualified a majority of the constitutional component
members of the Supreme Court. Thus, it deprives it of its jurisdiction
established by the Constitution.
3. The designees would not have been consented to by the Commission
on Appointments; thus, the appointment would not comply with the
Constitution
4. Temporary composition of the SC not authorized by the Constitution
since the Supreme Court is one of the permanent institutions of the
government.
5. Method of appointment of a SC justice provided by the Constitution is
mandatory and binding upon all departments of government.
Construction of restrictions on eligibility
 Presumption in favor of ineligibility – There is a presumption in favor of the
eligibility of one who has been elected or appointed to public office.
 Basis of presumption – A strong public policy exists in favor of eligibility to
public office.
 Rule of liberal construction – The right to public office should be strictly
construed against ineligibility.
 General Rule: The right of a citizen to hold office
 Exception: A citizen may not be deprived of this right
without proof of some disqualification specifically declared
by law.
Time of possession of qualifications
 Where the time specified by the Constitution or law – The Constitution or
law may, expressly or by necessary implication, specify the time when the
required eligibility must exist. The candidate must possess the necessary
qualifications at that time of the election.
 Where Constitution or law is silent – It is necessary for the courts to have
recourse to some other means of determining the matter.
 When qualification must always exist – The candidate or appointee may
have been qualified at the time of his election or appointment is not
sufficient to entitle him to hold the office. 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.
Removal of disqualification during term
 Courts have not agreed as to the effect of removal by an office-holder of
his disqualifications after the commencement of term of office and during
its continuance
Particular Qualifications and Disqualifications
 Citizenship
 Age
 The right of suffrage
 Residence
 Education
 Ability to read and write
 Political affiliation
 Civil service examinations
Religious qualification prohibited
 Religious beliefs and opinions cannot be made a test of political right and
privilege
 No state interest can be discerned which would justify the burden upon the
free exercise of religion imposed by the restriction
 Our Constitution expressly provides that no religious test shall be required
for the exercise of civil and political rights
o Religious test- is one demanding the avowal or repudiation of
certain religious beliefs before the performance of any act
Power of Congress to impose property qualifications
a. View that law constitutional – The view has taken that unless inhibited by
the Constitution, a legislature has the power to impose property
qualifications upon office holders. A certain public officers be resident
property owners does not transgress the constitutional guarantees of due
process and equal protection.
b. View that law unconstitutional – In a case, The Supreme Court stated the
property qualifications are inconsistent with the essence and nature of the
republican system ordained in our Constitution and the principles of social
justice underlying the same.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
Power of congress to impose property qualifications
a. View that law constitutional- a legislature has the power to impose
qualifications upon the office holders.
b. View that law unconstitutional- there is no rational connection between
qualifications for administering public affairs and ownership of real
property.
Qualifications prescribed by the constitution for certain officers
President and Vice President
 Natural born citizen
 Registered voter
 Able to read and write
 At least 40 years of age on the day of election
 Resident of the Philippines for at least 10 years immediately
preceding the election.
 at the time of their appointment, at least thirty-five years of age,
 with proven capacity for public administration,
 And must not have been candidates for any elective position in the
elections immediately preceding their appointment.
Commission on Audit
 natural-born citizens of the Philippines
 at the time of their appointment, at least thirty-five years of age,
 Certified Public Accountants with not less than ten years of
auditing experience, or members of the Philippine Bar who have
been engaged in the practice of law for at least ten years,
 And must not have been candidates for any elective position in the
elections immediately preceding their appointment.
 At no time shall all Members of the Commission belong to the
same profession.

Senators Commission on Elections

 Natural born citizen  shall be natural-born citizens of the Philippines
 Registered voter  at the time of their appointment, at least thirty-five years of age,
 Able to read and write  holders of a college degree,
 At least 35 years of age on the day of election  And must not have been candidates for any elective positions in
 Resident of the Philippines for not less than 2 years immediately the immediately preceding elections.
preceding the election.  A majority thereof, including the Chairman, shall be members of
the Philippine Bar who have been engaged in the practice of law
Members of the House for at least ten years.
 Natural born citizen
 Registered voter in the district for which he shall be elected except in Commission on Human Rights
cases of party list, and a Resident thereof for at least 1 year  must be natural-born citizens of the Philippines
immediately preceding the election.  A majority of whom shall be members of the Bar.
 Able to read and write  The term of office and other qualifications and disabilities of the
 At least 25 years of age on the day of election Members of the Commission shall be provided by law.

Members of the Supreme Court and lower collegiate court
 Natural born citizen
 Registered voter
 At least 40 years of age
 Must have been for 15 years or more a judge of the lower court or engage
in the practice of law
 Of proven competence probity integrity and independence.
Chairman and commissioners of the civil service commissions
 composed of a Chairman and two Commissioners
 who shall be natural-born citizens of the Philippines and,
The Ombudsman and his Deputies
 shall be natural-born citizens of the Philippines,
 and at the time of their appointment, at least forty years old,
 of recognized probity and independence,
 and members of the Philippine Bar,
 And must not have been candidates for any elective office in the
immediately preceding election.
 The Ombudsman must have, for ten years or more, been a judge
or engaged in the practice of law in the Philippines.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
Qualifications prescribed by law for certain officers Sanggunian Kabataan
Secretaries of departments  Atleast15 years old, but not more than 21 years old on election day
 Citizens of the Philippines at least 25 years of age
Board of Election Inspectors
Presiding justice and associate justices of the court of appeals  he is of good moral character and irreproachable reputation,
 Same as Supreme Court justices  a registered voter of the city or municipality,
 has never been convicted of any election offense or of any other crime
Judges of the Regional Trial Court punishable by more than six months of imprisonment or if there is a
 Natural-born citizen pending information against him for any election offense
 At least 35 years of age  Able to speak and write English or the local dialect
 For at least 10 years, has been engaged in the practice of law in the
Philippines requiring admission to the practice of law, as indispensable Disqualifications to hold public office
requisite 1. By Constitution or by Law- In general, individuals who lack any of the
Judges of the Municipal Trial Court qualifications prescribed by the Constitution or by law for a public office
 Natural-born citizen are ineligible or disqualified from holding such office. An appointment of an
 At least 30 years of age ineligible or unqualified person is a nullity.
 For at least 5 years, has been engaged in the practice of law in the 2. Other Causes
Philippines requiring admission to the practice of law, as indispensable a. Mental or physical incapacity.
requisite b. Misconduct or crime
 Elective Local Officials c. Impeachment.
d. Removal or suspension from office.
General Applicability e. Previous tenure of office
 Citizen of the Philippines f. Consecutive terms.
 Registered voter in the barangay, municipality, city or province or in the g. Holding more than one office.
case of sanggunian, the district where he intends to be elected, resident h. Relationship with the appointing power.
therein foe at least 1 year immediately preceding the elections; i. Office newly created or the emoluments of which have been increased
 Able to read and write Filipino or any other local language or dialect j. Being an elective official- ineligible to be appointed to be designated
. k. Having been a candidate for any elective position
Governor, Vice Governor, Sanggunian Panlalawigan, Mayor, Vice Mayor or l. Under the local government code
Sanggunian Panlungsod of highly urbanized cities i. Sentenced by final judgement for an offense involving moral
turpitude by 1 year or more imprisonment within 2 years after
 At least 23 years old on election day
serving sentence
ii. Those removed from office as a result of an administrative case
Mayor, Vice Mayor of independent component cities, component cities, or
iii. Convicted by final judgement for violating ought of allegiance to
municipalities
the republic
 At least 21 years old on election day
iv. Dual citizenship
v. Fugitive from justice in criminal or non-political cases here or
Sanggunian Panlungsod or Sanggunian Bayan
abroad
 Atleast18 years old on election day vi. Insanity or feeblemindedness
Punong Barangay or Sanggunian Barangay Appointment of elective and appointive local officials and candidates who
 Atleast18 years old on election day lost in an election (Political Lame-Ducks)
a. No elective or appointive local official shall be eligible for
appointment or designation in any capacity to any public office or position
LAW ON PUBLIC OFFICERS (Chapters I-IV)
during his tenure. Unless otherwise allowed by law or by the primary
functions of his position, no elective or appointive local official shall hold
any other office or employment in the Government or any subdivision,
agency or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries.
a. Except for losing candidates in barangay elections, no candidate
who lost in any election shall, within one (1) 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."
CHAPTER III: ACQUISITION OF RIGHT OR TITLE OF OFFICE
A. In General
1. Modes of commencing official relations - the manner of selecting persons for
public office is generally by either:
a. Election
b. Appointment
2. Meaning of “Appointment”
 It is an act of designation by the executive officer, board, or body to whom
thatpower has been delegated, of the individual who is to exercises the
powers and functions of a given office.
 It is equivalent to “filling a vacancy” in an office.
 It is the nomination or designation of an individual to an office.
3. Where appointing power resides
a. Inherently belongs to the people
b. Entrusted to designated elected and appointed public officials
4. Appointing power generally regarded as an executive function
a. Where power exercised by executive department – under a constitution
calling separation of powers among the three branches of government. it
has been said that the creation of a public office is a legislative function;
the appointment of a particular person to an office is an executive function;
and the legislature may confer this power of appointment on the President
or on another public officer or board within the executive department.
b. Where power exercised by other departments–appointments to office by
one department do not necessarily constitute encroachment on any other
branch.
5. Power to appoint discretionary
a. Power of court to review appointments–appointment or reappointment of a
public officer involves the exercise of discretion which, unless gravely
abused, the courts will not attempt to control.
o although the appointing office or body may listen to the
suggestions and recommendations of others, the selection must
finally be his or its act. The power to select an appointee is and
should be vested alone in the officers or bodies authorized to
appoint, though such power is limited to candidates having the
qualifications required by the civil service law and rules.
o The 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. It is a prerogative of the appointing
power that may be availed of without liability, provided, however,
that it is exercised in good faith and not in malicious, harsh,
oppressive, vindictive or wanton manner, or out of malice or spite.
b. Power of Civil Service Commission to revoke appointment – the
Commission has no authority to revoke an appointment on the ground that
another person is more qualified for a particular position. It has also no
authority to direct the appointment of a substitute of its choice or a
successful protestant.
o Whom to appoint among those who possess the required
qualification is, as noted earlier, a “political” or administrative
question involving considerations of wisdom and the interests of
the service which only the appointing power can decide.
o an appointment may be void from the beginning due to fraud on
the part of the appointee or because it was issued in violation of
law. A void appointment cannot give rise to security of tenure on
the part of the holder of the appointment.
6. Power may be absolute or conditional
a. absolute ‐ where the choice of the appointing authority is conclusive if it
falls upon an eligible person. No further consent or approval is necessary.
b. conditional ‐ where assent or approval by some other officer or body,
such as the Commission on Appointments, is necessary to complete the
appointment.
o in either case, the appointment becomes complete when the last
act required of the appointing power is performed. Until the
process is completed, the appointee can claim no vested right in
the office nor invoke security of tenure. The tolerance,
acquiescence or mistake of the proper officials resulting in non-
observance of the requirements of law or rules to complete the
LAW ON PUBLIC OFFICERS (Chapters I-IV)
appointment does not render the requirements ineffective and
unenforceable.
7. Restrictions on the power to appoint
a. Generally–since a public office is a public trust, persons to be appointed to a
public office should possess the required qualifications and be selected solely with
a view to the public welfare.
b. Under the Constitution
a) “The spouse and relatives by consanguinity or affinity within the fourth civil
degree of the President shall not, during his tenure, be appointed as
Members of the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of
bureaus or offices, including government‐owned or controlled corporations
and their subsidiaries” Art. VII, Sec. 13
b) “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 public service or endanger
public safety.”
c) “The Congress may, by law, vest the appointment of 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 have the following powers: Appoint all officials
and employees of the Judiciary in accordance with the Civil Service Law.”
e) “The Members of the Supreme Court and judges of the lower courts shall
be appointed by the President from a list of at least three nominees
prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation. For the lower courts, the President
shall issue the appointments within ninety days from the submission of the
list.”
f) “The Constitutional Commissions shall appoint their officials and
employees in accordance with law.”
g) The Members of the Civil Service Commission, Commission on Elections
and Commission on Audit shall be appointed “without reappointment xxx.
Appointment to any vacancy shall be only for the unexpired term of the
predecessor. In no case shall any Member be appointed or designated in
a temporary or acting capacity.”
h) “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.”
i) “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
Government‐owned or controlled corporations or their subsidiaries.”
j) “The 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.”
k) “The Ombudsman and his Deputies shall be appointed by the President
from a list of at least six nominees prepared by the Judicial and Bar
Council, and from a list of three nominees for every vacancy thereafter.
Such appointments shall require no confirmation. All vacancies shall be
filled within three months after they occur.”
c. Under existing laws
8. When Appointment deemed complete
a. Not subject to confirmation – where the power of appointment is absolute,
and the appointee has been determined, no further consent or approval is
necessary, and the formal evidence of appointment.
b. Subject to confirmation – where the assent or confirmation of some other
officer or body is required, the commission can issue only when such
assent or confirmation is obtained. In either case, the appointment
becomes complete when the last act required by law of the appointing
power has been performed.
c. Approval by the Civil Service Commission – appointment to positions in
the Civil Service must be submitted to the Commissioner of Civil Service
for approval.
o it has been held. however, that 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. For an appointee in
the classified (now competitive) position to be entitled to the
protection of law against unjust removal, his appointment must
receive the approval of the Commission.
d. Effects of completed appointment
LAW ON PUBLIC OFFICERS (Chapters I-IV)
9. Acceptance of appointment
a. Not necessary to completion or validity of appointment – where there is no
express provision of the law to the contrary, the appointee’s acceptance of
the office is not necessary to complete the instrument.
b. Necessary to possession of office – while acceptance of appointment is
not necessary to give it validity, 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.
10. Form of Acceptance
a. Express or when done verbally or in writing
b. Implied or when, without formal acceptance, the appointee enters upon
exerciseof the duties and functions of an office
11. Obligation of elected or appointed individual to accept office
a. Generally not subject to compulsion
b. Obligation in the nature of a social duty
12. Necessary of written appointment
a. View that appointment should be evidenced by writing – 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.
b. Contrary view– the right of the appointee to be induced into office depends
upon the fact of the appointment, and not upon his ability to establish the
fact by the production o a written appointment where the law does not
prescribe the manner in which the appointing power shall make the
appointment, nor direct that any written evidence of his action shall be
furnished to the person appointed.
13. Revocation of appointment
a. Where appointment final and complete – an appointment to office is final
and complete when the last act of the appointing power has been
accomplished. At this stage of completion, the appointment cannot be
reconsidered and revoked. The appointee becomes entitled to the office.
The exception is where an officer is removable at will of the appointing
power.
b. Where appointee has assumed position–the moment the appointee
assumes a position in the civil service under completed appointment
approved by the Commissioner of Civil Service, he acquires a legal, not
merely 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 by removal except for cause, and with the constitutional
requirements of due process.
o 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.
c. Where protestant more qualified than appointee–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.
B. Appointments by the President
1. Power of appointment of the President
By the provision of Art. VII, Sec. 16 in the Constitution, the President is authorized
to appoint, namely:
a. First:
 heads of executive departments
 ambassadors
 other public ministers and consuls
 officers of the armed forces from the rank of colonel or naval captain
 other officers
i. regular members of Judicial and Bar Council
ii. chairman and commissioners of the Civil Service Commission
iii. chairman and commissioners of the Commission on Elections
iv. chairman and commissioners of the Commission on Audit
v. members of the regional consultative commission
b. Second:
 All other officers ‐ appointments are not otherwise provided by law and to
be appointed to lower offices created by Congress
c. Third‐ those whom the President may be authorized by law
 heads of government‐owned or controlled corporations
 undersecretaries
 heads of bureaus and offices
 other officials
d. Fourth:
 other officers lower in rank whose appointments the Congress by law
vests in the President alone
LAW ON PUBLIC OFFICERS (Chapters I-IV)
2. Confirmation of appointments by Commission on Appointments - The President is usually aided by the Commission on Appointments’
a. Required advice when it comes to appointments. In case of ad interim appointments,
 first group above he exercises special prerogative and is bound to be prudent, to ensure
b. Unnecessary approval of his selection either by previous consultation with the members
 heads of bureaus of Commission on Appointments or by thereafter explaining to them the
 certain offices under different departments which are not called bureaus reason for such selection. The President acts alone and the system of
i. Securities and Exchange Commission example checks and balances vital to our system of government is not in place.
ii. Insurance Commission example - Ad interim appointments, however, are necessary due to the existence of
 members of Supreme Court situations where there is a clear and present urgency caused by an
 judges of lower courts impending obstruction or paralysis of the function assigned to office to be
 Sandiganbayan filled if no immediate appointment is made
 Tanodbayan (Ombudsman) - including deputies - An ad interim appointment is permanent in nature and not a mere
temporary or acting appointment even if it subject to confirmation by the
 chairman and members of the Commission on Human Rights
Commission on appointments. However, it may be recalled or revoked by
 midnight appointments (Article VII, Sec 16)
the President before confirmation.
3. Appointment by other officials - Congress may vest power to appoint officers
6. Temporary or acting appointments
“lower in rank” to the following: Art. VII, Sec 16:
- Generally, the power to appoint vested in the President includes temporary
a. heads of departments
or acting appointments, unless he is otherwise prohibited by the
b. agencies
Constitution, by law, or a temporary appointment is repugnant to the
c. commissions
nature of the office to be filled.
d. boards
- An acting appointment, being essentially temporary or provisional in
“lower in rank” does not include heads of bureaus and offices not specifically
character, cannot be validly confirmed by the Commission on
mentioned in the Constitution as among those to be appointed by President who
Appointments because confirmation presupposes a valid nomination or ad
are subordinates of Cabinet members. By law, their appointments are vested in the
interim appointment. An officer who was appointed to an office in an
President.
“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
4. Kinds of Presidential appointments
the office.
a) as to manner in which it is made
- A temporary appointment is an acting appointment. He holds no fixed
o regular ‐ made by Congress while in session; they are mere
tenure of office, and, therefore, his employment can be terminated at the
nominations subject to confirmation by the Commission on
pleasure of the appointing power even without hearing or cause. Where a
Appointments
non-eligible holds a temporary appointment, his replacement by another
o ad interim ‐ made while Congress is in recess
non-eligible is not prohibited.
b) as to its nature
- An unqualified person cannot be appointed even in an acting capacity
o permanent ‐ those which last until they are lawfully terminated
o temporary or acting ‐ those which last until a permanent
7. Designations
appointment is issued
- the mere imposition of new or additional duties upon an officer to be
performed by him in a special manner while he performs the function of his
5. Ad interim appointments
permanent office.
- These are appointments made by the President while Congress is in
- does not entitle the officer designated to additional benefits or the right to
recess, whether such recess is voluntary or compulsory, thus, the
claim the salary attached to the position. The employee’s right to claim the
Commission on Appointments may only deliberate upon such
salary attached to a position is a duly issued and approved appointment to
appointments when Congress goes into session
the position, and not a mere designation. A designation cannot be validly
acted upon by the Commission on Appointment.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
8. Steps in the appointing process administrative personnel of the entire government system, both national
1. Nomination and local, including the military.
- It is the exclusive prerogative of the President upon which no  Purpose ‐ to enable the national and local government and all its
limitation may be imposed by Congress, except those resulting instrumentalities and agencies to render more efficient services to the
from the need securing the concurrence of the Commission on public by enabling them to obtain efficient public servants.
Appointments and from the exercises of the limited legislative
power to prescribe the qualifications to a given appointive office. 2. Classification of positions in the Civil Service
- he may listen to and accept the recommendation or advice of a. Career Service
others, or yield to heir request or pressure, but legally, he alone is Characteristics:
responsible for his nominations. i. Entrance based on merit and fitness to be determined as
2. Confirmation far practicable by competitive examinations or are based
- The power to confirm and reject certain appointments belongs to on highly technical qualifications
Congress through the Commission on Appointments since it is a ii. Security of tenure
check on the executive. This power to check is exercised through iii. Opportunity for advancement to higher career positions
the members of both Houses in the Commission on Appointments. It includes:
- There is no appointment yet in the strict sense until it is confirmed. i. Open career positions for appointments requiring prior
Thus, the appointment is a joint act by the President and the qualification in an appropriate examination
Commission on Appointments. ii. Closed career positions which are scientific or highly
- A confirmation of an appointment to a public office is to be technical in nature.
distinguished from the appointment itself, for in confirming the iii. Positions in the Career Executive Service
appointment, the Commission on Appointments does not in any iv. Career officers other than those in the Career Service who
sense choose the appointee. The act of confirming an are appointed by the President
appointment to office is not the exercise of an executive function, v. Commissioned officers and enlisted men of the Armed
and since it is not legislative in character, it need not be performed Forces
at a regular session of Congress. vi. Personnel of government‐owned and controlled
- A confirmation cannot be reconsidered after the President has corporations whether performing governmental or
been notified of the confirmation and has completed the proprietary functions who do not fall under non‐career
appointment by issuing a commission the appointee even if the services; and
rules of the confirming body provide for reconsideration vii. Permanent laborer, whether skilled, semi‐skilled, or
3. Issuance of Commission unskilled.
- Commission is the written authority from a competent source b. Non‐Career Service
given to the officer as his warrant for exercise of the powers and Characteristics:
duties of the office. It is the written evidence of the appointment i. Entrance bases other than those of the usual test of merit and
but not the appointment itself. fitness
- When a person is elected to office, his right as established as a ii. Tenure which is limited to a period specified by law or coterminous
result of the election and does not depend upon the issuance of a with that of the appointing authority or subject to his pleasure or
commission. Issuance of a commission to an elected officer is limited to the duration of a particular project
merely a ministerial act and not a part of the act of appointment. Includes:
Instead, the elected officer is entitled to a certificate of election. i. Elective officials and their personal or confidential staffs.
ii. Department heads and other officers of cabinet rank and their
C. Appointments in the Civil Service staffs
1. The Civil Service System iii. Chairmen and members of commissions and boards with fixed
 Scope ‐ all branches, subdivisions, instrumentalities and agencies of the terms of office and their staffs
government including GOCCs with original charter. This covers the iv. Contractual personnel
LAW ON PUBLIC OFFICERS (Chapters I-IV)
v. Emergency and seasonal personnel
vi. Casual employees
3. Classes of positions in the career service
Three major levels:
i. Clerical, trades, crafts, and custodial service positions–which involve
non-professional or subprofessional work in a non-supervisory or
supervisory capacity requiring less than four years of college work up
to Division Chief level.
ii. Professional, technical, and scientific positions – which involve
professional, technical or scientific work in a non-supervisory requiring
at least four years of college work up to Division Chief level.
iii. Career Executive Service
Requirement of competitive examinations
i. Entrances to the first two levels are through competitive examinations
which shall be open to those inside and outside the service who meet
the minimum qualification requirements.
ii. Entrance to the third level is prescribed by the Career Executive
Service Board
iii. For promotion to a higher position in one or more related occupational
groups, no examination is required within the same level. However,
the candidate for promotion must have previously passed the
examination for the level.
4. Constitutional Classification
 Competitive ‐ those appointments are made according to merit and
fitness to be determined as far as practicable by competitive examinations.
 Non‐competitive ‐ those appointments do not take into account merit and
fitness as determined by competitive examinations. These include
positions which are policy‐determining, primarily confidential, or highly
technical in nature.
5. Determination of merit and fitness by competitive examinations
- General Rule: The selection of any appointee to any government position
shall be made only according to merit and fitness to be determined, as far
as practicable, by competitive examinations to perform duties and
assumes the responsibility of the position, without regard to any other
consideration such as sex, color, social status, religion, or political
affiliation.
- it ensures that appointments to office is made from among those who, by
examination, have shown themselves to be best qualified.
6. Exemption from rule of non‐competitive positions
- Through policy determining, primarily confidential and highly technical
positions are exempt from competitive examinations and still enjoy the
operation of the principle: “no office or employee in the Civil Service shall
be removed or suspended except for cause provided by law”.Whether an
administrative position is primarily confidential, policy‐determining, or
highly technical in the nature of the functions attached to the position.
1. Policy determining position - its occupant is vested with the power of
formulating policies for the government or any of its agencies, subdivisions
or instrumentalities.
2. Primarily confidential position - Its occupants enjoys more than the
ordinary confidence i his aptitude of the appointing power but bears
primarily such as close intimacy which insure freedom of intercourse
without embarrassment of freedom from misgiving of betrayal of personal
trust on confidential matters of the State. More than ordinary is required.
- A position may be considered primarily confidential when the President,
upon recommendation of Civil Service Commissioner, has declared it to
be.
- It is the nature of the position which finally determines whether a position
is primarily confidential.
- Primarily confidential appointee is not subject to removal at the pleasure of
the appointing authority. Instead, termination of such an appointee’s
official relation can be justified on the ground of loss of confidence, which
involves no removal but merely the expiration of the term of office.
3. Highly‐technical position‐ Its occupant is required to possess skills or
training inthe supreme or superior degree, like that of a scientist.
7. Qualification standards in the Civil Service
- These are the minimum requirements for a class of positions in terms of
education, training and experience, civil service eligibility, physical fitness,
and other qualities required for successful performance.
- Use of Qualification Standards:
i. As basis for civil service examinations for positions in the career
service
ii. As guides in the appointment and other personnel actions in the
adjudication of protested appointments
iii. In determining training needs
iv. As aid in the inspection and audit of the agency’s personnel work
programs
8. Kinds of appointment in the career service
- what characterizes an appointment as permanent or temporary is not the
nature of the position filled but the nature of the appointment extended,
which in turn, depends on the eligibility of the appointee or his lack of it.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
Where the appointee is specifically temporary, it does not become
permanent merely because the position is usually occupied by one
appointed thereto permanently or because the temporary appointee is
allowed to continue in it for a number of years.
a. Permanent ‐ 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.
o enjoys the security of tenure.
b. Temporary or acting ‐ 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.
9. Instances of temporary appointment
a. Where the appointee does not possess civil service eligibility
b. Where the appointee has civil service eligibility but different from that
which is appropriate to the position for which he was appointed.
c. Where the appointment is made by the President to fill an executive office
during the absence or incapacity of the incumbent
d. Where the appointee has not passed any civil service examination
e. Where the new appointment is still subject to a condition and compliance
has not been made yet
f. Where a new incumbent has been appointed to fill the position of a regular
employee who has been illegally suspended or dismissed.
g. Where a person is designated as an officer in charge
h. Where the appointment is made at the pleasure of the appointing power
10. Separation of temporary employees
- can be terminated or withdrawn at the pleasure of the appointing power,
without notice of hearing, or a moment’s choice, and regardless of the
grounds or reasons.
- The appointee can be transferred or reassigned without violating the
constitutionally guaranteed right to security of tenure.
- The Constitution mandates, however, that temporary employees in the
government shall be given such protection as may be provided by law.
The fact that the appointment of an employee is classified as temporary
does not grant a blanket authority to the appointing power to remove him
at any time without cause where the appointment is for a definite period.
11. Qualification in an appropriate examination
- this is required for appointment to positions in the first and second levels
un the career service in accordance with the Civil Service rules, except as
otherwise provided in the Civil Service Decree.
a. Temporary appointment of non‐eligible in the absence of eligible–
whenever there is a civil service eligible actually available for appointment,
no person who is not such an eligible shall be appointed even in a
temporary capacity to any vacant position in the career service in the
government or in any government-owned or controlled corporation, except
when the immediate filling of the vacancy is urgently required in the public
interest or when the vacancy is not permanent, in which cases, temporary
appointments of non-eligible may be made in the absence of eligible
actually and immediately available.
b. Appointment to a position requiring lower eligibility–a person with a civil
service eligibility acquired for a position requiring a lower eligibility if he
possessed the other requirements for appointment to such position.
c. Issuance/revocation of certificate of eligibility–as the actual personnel
agency of the government charged with the constitutional duty of
determining questions of qualifications of merit and fitness of those
appointed to the civil service, the Commission’s power to issue a
certificate of eligibility carries with it the power to revoke a certificate for
being null and void and it may do so motu proprio without a notice and
hearing to the examinee, concerned applying the rule on res ipsa loquitor.
The examinee can ask for a reconsideration if he finds anything wrong in
the rechecking of his examination papers.
12. Approval/recall of appointments by the Civil Service Commission
a. Appointments required to be approved:
 General Rule: The Civil Service Commission must approve all
appointments, whether original or promotional, to positions in the
civil service and disapprove those where the appointees do not
possess the appropriate eligibility or required qualifications.
 Exception: Presidential appointments, members of the Armed
Forces of the Philippines, police forces, firemen, and jail guards.
b. Right of appointee to a hearing in case of disapproval – where the
Commission disapproves an appointment based on its non-conformity to
applicable provisions of law and on the qualifications of the appointee, the
latter need not be previously heard since it does not involve the imposition
of an administrative disciplinary measure upon him. Furthermore he is
afforded an opportunity to be heard by filing a motion for reconsideration
with the Commission and there challenge its disapproval. It may recall on
its own initiative the erroneous initial approval of an appointment and
review the same de novo.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
c. Effectivity of appointment until disapproval – an appointment shall take
effect immediately upon issue by the appointing authority and if the
appointee has assumed duties of he position, he shall be entitled to
receive is salary at once, without waiting the approval of his appointment
by the Commission. An appointment to the civil service is required to be
submitted to the Commission for approval in order to determine, in the
main, whether the proposed appointee is qualified to hold the position and
whether or not the rules pertinent to the process of appointment are
followed.
- an appointment not submitted to the Commission, within 30 days from the
date of issuance will be the date appearing on the face of the instrument,
shall be ineffective (Sec 11, Rule of the Omnibus Rules implementing
Administrative Code of 1987).
d. Criterion to be employed – the Commission has no power of appointment
except over its own personnel nor does it have the authority to review the
appointments made by other offices.
e. Extent of Commission’s authority – the Commission’s authority is limited to
reviewing the appointments, approving or disapproving them in the light of
the requirements of the law governing the Civil Service. It does not have
the authority to make an appointment itself or to direct the appointing
authority to change the employment status of an employee.
- but while the Commission has no authority to revoke n appointment on the
ground that another is more qualified, it may order the reinstatement of an
illegally demoted or dismissed employee.
f. Attestation of appointment – the only purpose of attestation is to determine
whether the appointee possesses that requisite civil service eligibility; no
more than that is left for the Commission. Once this function is discharged
its participation in the appointment process ceases.
g. Keeping of records of all appointments – an appointment accepted by the
appointee cannot be withdrawn or revoked by the appointing authority and
shall remain in force and in effect until disapproved by the Commission.
h. Recall of appointment
i. Grounds for recall - Rule VI, Sec. 20 Omnibus Implementing Regulations
of the Revised Administrative Code :
o Non‐compliance with the procedures/criteria provided in the
agencies Merit Promotion Plan;
o Failure to pass through the agency’s Selection/Promotion Board;
o Violation of the existing collective bargaining agreement between
management and employees relative to promotion; or
o Violation of other existing civil service law, rules and regulation.
Appointment through certification
- except as otherwise provided, shall be issued to a person who has been
selected from a list of qualified persons certified by the Commission from
an appropriate register of eligibles and who meets all the other
requirements of the position.
- all such persons must serve a probationary period of months following
their original appointment and shall undergo a thorough character
investigation in order to acquire permanent civil service status. A
probationer may be dropped for unsatisfactory conduct before the
expiration of the probationary period.
- it is prohibit to appoint a non-eligible to any position in the Civil Service
when there is a civil service eligible actually available and ready to accept
punishment.
D. Vacancy
- There is a vacancy when an office is empty and without a legally qualified
incumbent appointed or elected to it with a lawful right to exercise it
powers and perform its duties.
- an office may be vacant when it is occupied by the one who is not a de
jure officers, as by a mere usurper, or by one who is holding over. But
although o physical vacancy in the office exist I such case, here is
nevertheless a vacancy in the sense that the appointing power may
proceed to fill the office by choosing a successor.
- no person, no matter how qualified and eligible for a certain position, may
be appointed to a office which is not yet vacant.
1. Classifications
a. original – when an office is created and no one has been appointed to fill
it;
b. constructive ‐ when the incumbent has no legal right or claim to continue
in office and can be legally replaced by another functionary;
c. accidental – when the incumbent having died, resigned, or been
removed, there is no one in esse discharging the duties of the office
d. absolute – when the term of an incumbent having expired and the latter
not having held over, no successor is in being who is legally qualified to
assume the office.
2. Causes of vacancy
a. Death, permanent disability, removal from office or resignation of the
incumbent.
b. Abandonment, expiration of term, conviction of a crime, impeachment
conviction, acceptance of incompatible office, creation of a new office,
reaching the age limit and recall. Failure of persons chosen for office to
accept or qualify for the office.
3. Filing of anticipated vacancies
LAW ON PUBLIC OFFICERS (Chapters I-IV)
a. Generally appointment legal – a prospective appointment to fill an
anticipatedvacancy in a public office, made by the person or body which,
as thenconstituted, is empowered to fill the vacancy when it arises, is in
the absence ofexpress law forbidding it, legal appointment, and vests title
to the office in theappointee.
b. Where appointment to take effect after expiration of appointing power –
but the appointing power cannot forestall the rights and prerogatives of
their successors by appointing successors to offices expiring after its
power to appoint has itself expired. It is also plain that an appointment thus
made by anticipation has no other basis than expediency and
convenience.
E. Qualifying to Office
1. Qualification
- The person appointed or elected to a public office is usually required by
law, before entering upon the performance of his duties to do some act by
which he shall signify his acceptance of the office and his undertaking to
execute the trust confided in him.
2. Oath of office for public officers and employees
- Oath – is an outward pledge whereby one formally calls upon God to
witness to the truth of what he says or to the fact that he sincerely intends
to do what he says
● Constitution – Article VII Section 5
● Administrative Code of 1987
● Local Government Code
3. Necessity of oath of office – an oath of office is a qualifying requirement for a
public office; a prerequisite to the full investiture with the office.
a. When the public officer has satisfied the prerequisite of oath that his right
to enter into the position becomes plenary and complete.
b. Although the law usually requires the taking of an oath, it is not
indispensable. It is mere incident to the office and constitutes no part of
the office itself.
c. The President, the Vice President, or the Acting President – oath taking is
mandatory
d. Unless the law expressly requires more, it is sufficient that the oath be
taken. It need not be in writing or be subscribed by the affiant.
4. Officers authorized to administer oath
a. Notaries public, members of the judiciary, clerks of court, the Secretary of
either House of the Congress, Secretaries of departments, bureau
directors, registrars of deeds, provincial governors and
lieutenant‐governors, city mayors, and any other officer in the service of
the government whose appointment is vested in the President.
b. Officers whose duties, as defined by law or regulation.
5. Public officers and employees required to give bonds - those to whom are
entrusted the collection and custody of public money, and public ministerial officers
whose actions may affects the rights and interests of individuals.
6. Nature of official funds
a. Indemnity – binding the officer to discharge the duties of his office
b. Obligation binding the sureties to make good the officer's default
c. Creates a primary contractual obligation between the injured party and the
officer and surety
d. Collateral security
7. Necessity of giving official bonds
a. Mere incident of office
b. Where time prescribed within which to give bond
F. De Facto Officers
1. De facto doctrine
- is the principle which holds that a person who, by the proper authority is
admitted and sworn into office is deemed to be rightfully in such office
until, by judicial declaration in a proper proceeding, he is ousted therefrom,
or his admission thereto is declared void.
- Springs from the fear of the chaos that would result from multiple and
repetitious suits challenging every action taken by every official whose
claim to office could be open to question, and seeks to protect the public
by insuring the orderly functioning of the government despite technical
defect in title to office.
2. De facto officer - is one who has the reputation of being the officer he assumed
to be and yet is not good officer in point of law. A person where the duties of the
officer are exercised:
a. without a known appointment or election, but under such circumstance of
reputation or acquiescence as were calculated to induce people, without
inquiry to submit to or invoke his action, supposing him to be the officer he
assumed to be; or
b. under color of a known and valid appointment or election, but where the
officer has failed to conform to some precedent requirement or condition,
such as to take an oath, give a bond, or the like; or
c. under the color of a known election or appointment, void because the
officer was not eligible, or because there was a want of power in the
electing or appointing body, or by reason of some defect or irregularity in
its exercise, such as ineligibility, want of power, or defect being unknown
to the public; or
d. under color of an election or an appointment by or pursuant to a public,
unconstitutional law, before the same is adjudged to such.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
De facto officer is one who derives his appointment from one having colorable 6. Elements of de facto officership
authority to appoint if the office is an appointive office, and whose appointment is a. There must be a de jure office
valid on its face. b. There must be a color of right or general acquiescence by the public.
3. De jure officer c. There must be actual physical possession of the office in good faith.
- is one who has the lawful right to the office in all respects, but who has
either been ousted from it, or who has never actually taken possession of 7. Office created under an unconstitutional statute
it. a. View that occupant not even officer de facto - an unconstitutional law is
- when the officer de jure is also the officer de facto, the lawful title and not a law; it confers no rights; it imposes no duties; I affords no protection;
possession are united. it creates no office; it is, in legal contemplation, as inoperative as though it
has never been passed. Where an office does not legally exist, the
4. Requirements to become officer de jure pretended officer is merely usurper, to whose acts no validity can be
a. He must possess the legal qualifications for the office in question; attached.
b. He must be lawfully chosen to such office; and b. Contrary view – where an office is provided for by an unconstitutional
c. He must have qualified himself to perform the duties of such office statute, the incumbent, for the sake of public policy and the protection of
according to the mode prescribed by the Constitution of law. private rights, will be recognized as an officer de facto until the
officer de jure officer de facto unconstitutionality of the act has been judicially determined.
rests on right rests on reputation
has the lawful right or title to the office has the possession and performs the 8. Legal effects of acts of de facto officers
duties under color of right or authority a. as regards the officers themselves – the acts of a de facto officer as far as
without being technically qualified in all he himself is concerned are void, and a de facto officer cannot justify his
points of law to act acts as binding or valid in any suit to which he is a party.
cannot be removed in direct proceeding may be ousted in a direct proceeding b. as regards the public and third persons – valid until his title to office is
against him adjudge insufficient, and such officer’s authority may not be collaterally
attacked or inquired into by third persons affected.
5. Usurper or intruder - is one who takes possession of the office and undertakes
to act officially without any color of right or authority, either actual or apparent. 9. Proceedings to try right or title of a de facto officer
officer de facto usurper a. The quo warranto proceedings may be instituted only by the person who
has a color of right or title to the office has neither lawful title nor color of right claims to be entitled to the office or by the RP represented by the Solicitor
or title to the office General or a public prosecutor.
assumes to exercise his functions simply assumes to act as an officer b. An individual who files quo warranto proceedings must set forth the name
where the public does not know nor where the public knows or ought to of the person who claims to be entitled to the office and that o the
ought to know his lack of title or know that he is such a usurper defendant who is unlawfully in possession thereof and those who claim to
authority be entitled to the same office may be made parties in order to determine
may be removed only in a direct can be ousted at any time in any their respective rights to the office in the same action.
proceeding against him proceeding c. A public officer or employee is titled to the basic constitutional rights of due
process of law and security of tenure.
all acts otherwise legitimate done by a absolutely null and void
de facto officer in the exercise of his
10. Right to compensation of a de facto officer
authority as such are valid like those of
a de jure officer insofar as the rights of  General Rule: A de facto officer cannot maintain an action to recover the
the public and third persons are salary, fees, or other emoluments attached to the office, even thogh he
concerned has performed the duties thereof on the theory that the acts of a de facto
officer is void.
A usurper may grow into an officer de facto if his assumption of the office is
acquiesced in.  Exception: one who becomes a public officer de facto without bad faith o
his part, and who renders the services required of the office, may recover
LAW ON PUBLIC OFFICERS (Chapters I-IV)
the compensation provided by law for such service during the period of
their rendition, or retain the emolument’s received during that time or is
legally noticed to the emoluments of the office.
 De facto merely designated – designation dos not entail payment of
additional benefits or grant upon the person o designated the right to claim
the salary attached to the position.
11. Liabilities of a de facto officer
1. It may be stated generally that a d e facto officer is held the same degree
of accountability for official acts as a d e jure officer and cannot escape
liability because he has not qualified for failure to file a bond.
2. While official acts of a d e facto officer are valid and may be binding with
regard to third persons and the public the person so acting may be liable
for all penalties imposed by law for usurping or unlawfully holding office, or
for exercising the functions thereof without lawful right or without being
qualified according to law.
3. It is likewise the general rule that a public officer cannot excuse his
responsibility for crimes committed in his official capacity by asserting that
he was an officer de facto .
4. A rightful incumbent of a public office may recover from a d e facto officer
the salary received by the latter during the time of his wrongful tenure,
even though he (the d e facto officer) occupied the office in good faith and
under the color of title.
CHAPTER IV: POWERS, DUTIES, AND NORMS O
CONDUCT OFPUBLIC OFFICERS
Source of powers and authority of public office.
 People themselves, either directly or through their chosen representatives.
 Public law.
Authority of public officer not presumed.
Authority of public officer and private agents distinguished.
1. Private agents – it is common to classify authorities according to their
nature and effect
a. Universal
b. General
c. Special
2. Public agents
a. General
b. Special/ Limited
Ascertainment of authority of public officer.
 Persons contracting with the public officer acting under a public law, must,
at their peril, ascertain the scope of the officer's authority, and are
chargeable with notice of the contents of the law conferring that authority.
Scope of power of a public officer.
1. Expressly conferred upon him by the law under which he has been
appointed or elected;
2. Expressly annexed to the office by the law which created it or some other
law referring to it; or
3. Attached to the office as incidents to it.
In general, the powers and duties of public officers are prescribed by the
Constitution o by stature or both. Public officers have only those powers expressly
granted or necessarily implied by law. If broader powers are desirable, they must
be conferred by the proper authority. They cannot merely be assumed by
administrative officers, nor can they be created by the courts in the proper exercise
of their judicial functions.
Territorial limitation of authority of public officers.
1. Limited to territory where law has effect.
2. Action at a place not authorized by law ordinarily invalid.
Duration of authority.
1. Duration of term as provided by the law.
2. Where officer chosen to act in reference to a particular subject.
Construction of grant of powers.
 Strict interpretation and will be construed as conferring those powers only
which are expressly imposed or necessarily implied.
Classification of powers and duties.
From their nature Ministerial. — Official duty is ministerial when it is absolute,
certain, and imperative involving merely execution of a
specific duty arising from fixed and designated facts.
Discretionary. — Discretionary or judicial duties are such as
necessarily require the exercise of reason in the adaptation
of means to an end, and discretion in determining how or
whether the act shall be done or the course pursued.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
From the Mandatory. — Powers conferred on public officers are
standpoint of the generally construed as mandatory although the language
obligation of the may be permissive, where they are for the benefit of the
officer to perform public or individuals.
his powers and
duties Permissive. — Statutory provisions define the time and mode
in which public officers will discharge their duties, and those
which are obviously designed merely to secure order,
uniformity, system, and dispatch in public business, are
generally deemed directory.
From the Power of control. — It implies the power of an officer to
standpoint of the manage, direct or govern, including the power to alter or
relationship of the modify or set aside what a subordinate had done in the
officer to his performance of his duties and to substitute his judgment for
subordinates that of the latter.
Power of supervision. — Supervisory power is the power of
mere oversight over an inferior body. It does not include any
restraining authority over such body. He merely sees to it that
the rules are followed, but he himself does not lay down such
rules, nor does he have the discretion to modify or replace
them.
Ministerial and discretionary powers distinguished.
1. Nature of act. — Determined by the nature of the act to be performed, not
by the office of the performer. It is determined by the facts of a particular
case.
2. Exercise of discretion. — Whether the duty is mandatory or whether the
act complained of involves policy making or judgment.
Meaning of discretion.
- act or the liberty to decide according to the principles of justice and one's
ideas of what is right and proper under the circumstances, without
willfulness or favor.
Exercise of discretion limited.
 The exercise of the officer's discretion is still limited, by legal construction,
to the evident purposes of the act, and to what is known as a sound and
legal discretion, excluding all arbitrary, capricious, inquisitorial and
oppressive proceedings.
Remedy to compel exercise of duty.
 Purely ministerial - the courts will require specific action.
 Purely discretionary - the courts, by mandamus, will require action only.
Delegation of discretionary powers.
 Unless the power to substitute another in his place has been given to him,
a public officer cannot delegate his duties to another.
Delegation of ministerial powers.
 It can be delegated, except:
o Expressly prohibited.
o Expressly requires the act to be performed by the officer in person.
Time to perform official acts.
1. Where no time stated in statute. — Must be performed within a reasonable
time.
2. Where time stated in statute. — The time period expressed is to be
construed as directory and not mandatory, unless the nature of the act to
be performed or the language used in the statute evidences an intention to
limit the power of the officer.
Ratification of unauthorized acts.
 His acts may be ratified, except:
o When an act which was absolutely void at the time it was done.
o Not merely voidable.
 State is not estopped by the unauthorized or illegal acts of its agents.
 Where superior officers have authority to ratify the acts of their inferiors,
they are restricted to the ratification of acts and contracts which they
themselves are empowered to make.
Judicial review of official acts.
1. Where act involves exercise of discretionary power. — He is the sole and
exclusive judge of the existence of those facts. Thus, the judiciary will not
interfere with executive officers in the performance of duties which are
discretionary in their nature or involve the exercise of judgment.
- even where a courts, I the exercise of its jurisdiction, reviews the
discretionary act of a public officer the decision of the officer will not be
disturbed in the absence of a showing of an abuse of discretion or an
arbitrary decision or such fraud or corruption as vitiates the action taken.
2. Where act involves performance of purely ministerial duty. — Any person
who will sustain personal injury by such refusal may have a mandamus to
compel its performance.
3. Where act reviewed done without jurisdiction. —The courts are not bound
by an officer’s interpretation of the law under which he presumes to act.
While he may construe the law for himself in the first instance, it is for the
LAW ON PUBLIC OFFICERS (Chapters I-IV)
courts to finally determine whether a public officer acted within the scope Purpose:
of his authority. a. Conduct a periodic, continuing review of performance of officials
and employees in all departments, offices, and agencies;
Norms of conduct of public officials and employees. b. Establish a system of annual incentives and rewards to the end
1. Public office is a public trust. that due recognition is given to officials and employees of
2. Standards of personal conduct. outstanding merit;
a. Commitment to public interest. c. Determine the form of rewards to be granted;
b. Professionalism. d. Formulate and adopt its own rules to govern the conduct of its
c. Justness and sincerity. activities.
d. Political neutrality. 4. Secretariat. — Provide secretariat services to the Committee.
e. Responsiveness to the public. Any department, office, or agency may institute its own rewards program
f. Nationalism and patriotism. in addition to those provided above.
g. Commitment to democracy.
h. Simple living. Duties of public officers as trustees for the public.
3. Duties of the Civil Service Commission. 1. In General Duties
a. Promote observance of these standards; and a. Duty to obey the law.
b. Continue to research and experiment on measures which provide b. Duty to accept and continue in office.
positive motivation to public officials and employees. c. Duty to accept burden of office.
d. Duty as to diligence and care.
System of incentives and rewards. e. Duties in choice and supervision of subordinates.
1. Criteria. 2. Ethical duties.
a. Years of service; a. Duty as to outside activities. rights
b. Quality and consistency of performance; b. Duty where personal interest is involved.
c. Obscurity of the position; c. Duty to act with civility.
d. Level of salary;
e. Unique and exemplary quality of achievement; Duty to make financial disclosure.
f. Risk or temptation inherent in the work; and  To maintain public confidence in government and in public officials and
g. Any similar circumstances or consideration in favor of the particular employees,
awardee.  To avoid conflicts of interest from arising
2. Form of incentives and rewards.  To deter corruption,
a. Bonuses; or  To provide the citizens with information concerning a public officer's
b. Citations; or financial affairs.
c. Directorship in government-owned or –controlled corporations; or
d. Local and foreign scholarship grants; or Specific duties of public officials and employees.
e. Paid vacations; and 1. Act promptly on letters and requests – within 1 working days from receipt
f. Automatic promotion to the next higher position suitable to his thereof, respond to letters, telegrams or other means of communications
qualifications and with commensurate salary. sent by the public .
3. Committee on Awards. 2. Submit annual performance reports – within 4 working days from the end
Composed of the following: of the year, render a full and complete report of performance and
a. The Ombudsman accomplishments, as prescribed y existing rules and regulations of the
b. Chairman of the Civil Service Commission as Co-Chairmen agency or office or corporation concerned.
c. Chairman of the Commission on Audit 3. Process documents and papers expeditiously – must contain, as far as
d. Two (2) government employees to be appointed by the President practicable, not more than 3 signatories. In the absence of duly authorized
as members. signatories, the official-in-rank or OIC shall sign for and I their behalf.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
4. Act immediately on the public's personal transactions.
5. Make documents accessible to the public.
Actions on requests and petitions.
1. General rule - shall do so immediately, without discrimination, and in no
case beyond fifteen (15) working days from receipt of the request or
petition.
2. In case of written requests - shall act on the same within fifteen (15)
working days from receipt thereof.
3. The department, office, or agency must take action within a period of
fifteen (15) working days.
Processing of papers and documents.
Within a reasonable time from the preparation thereof, in accordance with the
following rules:
1. As prescribed by the law;
2. If law is silent, head of department, office, or agency to determine
reasonable time, taking into account the:
a. Nature, simplicity or complexity of the subject matter;
b. Completeness or inadequacy of requirements;
c. Lack of resources caused by circumstances beyond the control of the
department, office, or agency or official or employee concerned;
d. Legal constraints;
e. Fault, failure or negligence of the party concerned which renders
decision or action not possible or premature; and
f. Fortuitous events or force majeure.
Signing of any written action or decision.
 Must contain not more than three (3) initials or signatures.
Public disclosure of statements of assets and liabilities.
1. Statement of Assets and Liabilities and Financial Disclosure.
a. Contents.
 real property, its improvements, acquisition costs, assessed value
and current fair market value;
 personal property and acquisition cost;
 all other assets such as investments, cash on hand or in banks,
stocks, bonds, and the like;
 financial liabilities, both current and long-term;
 all business interests and financial connections,
b. When to file.
 within thirty (30) days after assumption of office, statements of
which must be reckoned as of his first day of service;
 on or before April 30, of every year thereafter, statements of which
must be reckoned as of the end of the preceding year;
 within thirty (30) days after separation from the service,
statements of which must be reckoned as of his last day in office.
c. Where to file.
 President, Vice-President, and Constitutional Officials, with the
National Office of the Ombudsman;
 Senators and Congressmen, with the Secretaries of the Senate
and the House of Representatives, respectively; Justices, with the
Clerk of the Supreme Court; Judges, with the Court of
Administrator; and all national executive officials, such as
members of the Cabinet, Undersecretaries, and Assistant
Secretaries, including the foreign service and heads of
government- owned or -controlled corporations with original
charters and their subsidiaries and state colleges and universities,
with the Office of the President;
 Regional and local officials and employees, both appointive and
elective, including other officials and employees of government-
owned or -controlled corporations and their subsidiaries, with the
Deputy Ombudsman in their respective regions;
 Officers of the armed forces from the rank of colonel or naval
captain, with the Office of the President, and those below said
ranks, with the Deputy Ombudsman in their respective regions;
and
 All other public officials and employees, defined in Republic Act
No. 3019, as amended, with the Civil Service Commission.
d. Authority in favor of Ombudsman. — Execute, within thirty (30) days
from the date of their assumption of office, the necessary authority in
favor of the Ombudsman to obtain from all appropriate government
agencies such documents as may show their assets, liabilities, net
worth.
2. Identification and disclosure of relatives. — Such relatives shall include
those up to the fourth civil degree of relationships, either of consanguinity
or affinity.
3. Accessibility of documents.
a. At reasonable hours.
b. Made available for copying after ten (10) working days from the time
they are filed.
c. Available to the public for a period of ten (10) years after receipt of the
statement.
4. Prohibited acts.
a. any purpose contrary to morals or public policy; or
b. any commercial purpose other than by news and communications
media for dissemination to the general public.
LAW ON PUBLIC OFFICERS (Chapters I-IV)
5. Authority/ responsibility of certain officials - Authority to determine whether Reforms on public administrative systems.
said statements have been properly accomplished: 1. Conduct value development programs.
a. In the case of Congress, the designated committees of both Houses of 2. Conduct professional, etc. programs.
Congress subject to approval by the affirmative vote of the majority of 3. Conduct studies and analyses of work systems.
the particular House concerned; 4. Develop and make available a service guide.
b. In the case of the Executive Department, the heads of departments, 5. Consult the public for feedbacks and suggestions.
offices, and agencies insofar as their respective departments, offices 6. Conduct research and experimentation.
and agencies are concerned subject to approval of the Secretary of 7. Designate a resident Ombudsman.
Justice; 8. Consult and dialogue with staff
c. In the case of the Judicial Department, the Chief Justice of the
Supreme Court; and
d. In case of the Constitutional Commissions and other Constitutional
Offices, the respective Chairman and members thereof; in the case of
the Office of the Ombudsman, the Ombudsman.
6. Review and compliance procedures.
7. Basis in monitoring income and lifestyle of government officials and
employees. — Sworn Statement of Assets and Liabilities (SSAL).

Transparency of transactions and access to information.

1. Ensure transparency of public transactions.
2. Provide official information, except if:
a. must be kept secret in the interest of national defense or security or
the conduct of foreign affairs;
b. would put the life and safety of an individual in imminent danger;
c. falls within the concepts of established privilege or recognized
exceptions as may be provided by law;
d. information, record, or document comprises drafts of decisions, orders,
rulings, policy-decisions, memoranda, etc.;
e. would disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy;
f. would disclose investigatory records compiled for law enforcement
purposes that will cause partial adjudication; or
g. premature disclosure that will endanger the stability of financial
institution.
3. Establish information systems. — for the purpose of informing the public of
such policies, programs, and accomplishments, and not to build the public
image of any official or employee or advance his own personal interest.
Such information systems must inform the public of the following:
o policies, rules and procedure
o work programs, projects, and performance targets
o performance reports
o all other documents as may hereafter be classified as public
information.