Termination of

Official Relation
By: Rona D. Solde
 Modes of Termination
1) Expiration of Term or 7) Prescription of right to
Tenure of Office office
2) Reaching the age limit 8) Removal
(Retirement) 9) Impeachment
3) Death or 9) Abolition of Office
permanent disability 10)Conviction of crime
4) Resignation 11)Failure to assume
5) Acceptance of an elective office within six
incompatible office months from
6)Abandonment of office proclamation
12)Recall
 Modes of Termination
• Expiration of Term or Tenure of Office
Upon the expiration of the officer’s term,
unless he is authorized by law to hold over, his
rights, duties and authority as a public officer
must be ipso facto terminated.
 Modes of Termination
• Reaching the Age Limit; Retirement
• Conditions for entitlement to retirement benefits (R.A. No. 8291)
a) he has rendered at least fifteen (15) years of service;
b) he is at least sixty (60) years of age at the time of retirement; and
c) he is not receiving a monthly pension benefit from permanent total
disability.
• Compulsory Retirement
1) Members of Judiciary - 70 years old
2) Other government officers and employees – 65 years old
3) Optional retirement age – after rendition of the minimum number
of years of service
 Modes of Termination
• Death or permanent disability
The death of the incumbent of an office,
which is by law to be filled by one person only,
necessarily renders the office vacant.
Permanent disability covers both physical
and mental .disability
 Modes of Termination
• Resignation
It is the act of giving up or the act of a
public officer by which he declines his office
and renounces the further right to use it.
Requisites:
1. Intention to relinquish a part of the term
2. Act of relinquishment
3. Acceptance by the proper authority, either express or implied
 Modes of Termination
• Acceptance of an Incompatible Office
General rule: One who while occupying one office,
accepts another incompatible with the first, ipso
facto, absolutely vacates the first office.
Exceptions:
1. Where the public office r is authorized by law to
accept the other office
2. In case of the forbidden office, it is the second office
that is absolutely void.
 Modes of Termination
• Abandonment of Office
It is the voluntary relinquishment of an office by the
holder of all right, title or claim thereto with the
intention of not reclaiming it or terminating his
possession and control thereof.
Requisites:
1. Intention to abandon
2. Overt act by which the intention is carried into effect
 Modes of Termination
• Prescription of Right of Office
• A quo warranto proceeding commenced within one
year after the cause of such ouster of the right of the
plaintiff to hold such office or position arose,
otherwise, the action will be barred.
• However, filing of an action for administrative
remedy does not suspend the period of filing the
appropriate judicial proceeding.
 Modes of Termination
• Removal
It entails the ouster of an incumbent before
the expiration of his term. (Dismissal)
It is the forcible and permanent separation of
incumbent from office before the expiration of
his term.
Demotions and transfers without just cause are
tantamount to removal.
 Modes of Termination
• Impeachment
It is the method of national inquest into the
conduct of public men
Purpose:
It is primarily intended for the protection
of the State, not for the punishment of the
offender.
 Modes of Termination
• Abolition of Office
To consider an office abolished, there must have
been an intention to do away with it wholly
and permanently.
Except when restrained by the Constitution, the
Congress has the right to abolish an office,
even during the term for which an existing
incumbent may have been elected.
 Modes of Termination
• Abolition of Office
Requisites:
1.Abolition must be done in good faith
2.Clear intent to do away with the office
3.Not for personal or political reasons
4.Cannot be implemented in a manner
contrary to law.
 Modes of Termination
Is abandonment equivalent to abolition?
When public official voluntarily accepts an
appointment to an office newly created by law
which new office is incompatible with the former,
he will be considered to have abandoned his former
office.
Except: when public official is constrained to accept
because the non-acceptance of the new
appointment would affect public interest.
 Modes of Termination
• Conviction of a Crime
Conviction means conviction in a trial court. It
contemplates a court finding guilt beyond
reasonable doubt followed by a judgment
upholding and implementing such finding.
Effects of Imposition of penalties:
deprivation of the public office which the
offender may have held.
 Modes of Termination
• Failure to Assume Elective Office within Six
Months from Proclamation
The office of any official elected who fails or
refuses to take his oath of office within six
months from his proclamation shall be
considered vacant, unless said failure is for a
cause or causes beyond his control.
 Modes of Termination
• Recall
It is the method of removal prior to the
expiration of the term of a public officer on
account of loss of confidence exercised
directly by the registered voters of a local
government.