POLITICAL LAW REVIEWER
GENERAL PRINCIPLES
PUBLIC OFFICE- the right, authority or duty,
created and conferred by law, by which for a given
period, either fixed by law or enduring at the pleasure
of the creating power, an individual is invested with
some foreign power of government to be exercised by
him for the benefit of the people.
ELEMENTS OF PUBLIC OFFICE
● Created by law or by authority of law;
● Possess a delegation of a portion of the
sovereign powers of government, to be
exercised for the benefit of the public;
● Powers conferred and duties imposed must
be defined, directly or impliedly by the
legislature or the legislative authority
● The duties must be performed independently
and without the control of a superior power
other than the law, unless they be those of
an interior or subordinate office created or
authorized by the legislature, and by it
placed under the general control of a
superior office or body
● Must have permanence or continuity
PUBLIC OFFICE IS CREATED BY:
● By the Constitution
● By vaid statutory enactments
● By authority of law
CHARACTERISTICS OF A PUBLIC OFFICE
● Public office is a public trust
It requires that all government officials and
employees must at all times be accountable to
the people, serve them with the utmost
responsibility, integrity, loyalty, and efficiency,
act with patriotism and justice and live modest
lives.
● Public office is not property
One cannot acquire vested right to public office,
it is a protected right.
It is property in the sense that everything of
pecuniary value to its possessor
The incumbent public officer for a definite term
carrying a fixed salary has a property interest
which requires that he not be deprived of it
without due process of law.
It is personal to the public officer and is not a
property transferable to his heirs upon his
death.
PUBLIC OFFICER- any government employee,
agent or body having authority to do the act or
exercise that function
PUBLIC OFFICER IN THE ART. 203 OF THE RPC
- Any person who, by direct provision of
law, popular election or appointment by
competent authority, shall take part in
the performance of public functions in
the government of the Philippine
islands, or shall perform said
government or in any of its branches,
public duties as an employee, agent or
subordinate official, of any rank or
class,
MODES OF ACQUIRING TITLE TO PUBLIC
OFFICE
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 A. Appointment- it is the selection by the ● Heads of departments, agencies,
authority vested with the power, of an commissions or boards and;
individual who is to exercise the ● Such other officers as the power to
functions of a given office appoint may be delegated by the
- It is an act of designation by the legislature
executive officer, board or body, Sec. 16 Art. 7 of the 1987 Philippine Constitution
The President may NOMINATE the following but
to whom that power has been
with the consent of the COA APPOINT;
delegated, of the person who is ● Eads of the executive departments
to exercise the duties and ● Ambassadors
responsibilities of the given ● Other public ministers and consuls
position. ● Officers of the Armed Forces from the
B. Designation- it is the imposition of additional rank of Colonel to Naval Captain; and
duties, usually by law, upon a person who is ● Other officers of the government whose
already in the public service by virtue of an appointments are not otherwise
earlier appointment or election. provided by law to appoint
- It refers to the assignment of a public The CONGRESS, may BY LAW, vest the
officer to perform certain functions appointment of other officers LOWER IN RANK in
different from those of his position to the President ALONE, in;
which he has been appointed. ● The courts
- It is temporary in nature and it does not ● In the head of departments, agencies,
confer upon the designee security of commissions, or boards
tenure in the position or office which he TAKE NOTE:
occupies in an acting capacity. ● GR: appointing power is the EXCLUSIVE
prerogative of the President, upon which
APPOINTING AUTHORITY- It is the officer or body no limitation may be imposed upon by the
vested by the Constitution or by law with the CONGRESS
power to make appointments of public officers or EXPN: those resulting from the need of securing
positions. concurrence of the COA; and
● President - As he may be restricted by the
● The court Constitution

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 ● The LEGISLATURE MAY NOT, by law, either whose appointments are not otherwise
appoint any particular officer of an office provided for by law to appoint.

or impose upon the Presidents duty to
appoint any particular person to said
office without encroaching upon the
President’s appointing power and
rendering the law unconstitutional
● When the law is silent as to who is the
appointing authority, it is understood to
be the PRESIDENT
● Those whom the PRESIDENT may be
authorized by law to appoint
● Officers lower in rank whose
appointments the Congress may by law
vest in the President alone
AD INTERIM APPOINTMENTS- are those made by
the President during the recess of the Congress
of officials whose confirmation by the COA is
required

MIDNIGHT APPOINTMENTS- is defined as an GR: Ad interim appointments are PERMANENT;

appointment to political office made during the last
hours of the term of office of the person in whom the
right of making such appointment is vested.
EXPN: a. Until disapproval by the COA
B. Until the next adjournment of the
Congress

THE FOLLOWING ARE APPOINTMENTS

WHICH REQUIRES THE APPROVAL OF THE REQUISITES FOR AD INTERIM
COA, as per ART. 7 Sec. 16 of the 1987 APPOINTMENTS
Philippine Constitution
1. It must be released to the appointee
● Heads of Executive departments 2. It must be accepted by the appointee
● Ambassador, 3. The appointee qualifies for the position
● Other public ministers and consuls 4. There is in fact and law no ad interim
● Officers of the armed forces from the appointment that could be validly
rank of colonel to naval captain, transmitted to, acted upon by, the COA
● Other officers whose appointments are
vested in him(PRESIDENT) in this TAKE NOTE:
Constitution
● If the ad interim appointment by the
appointee was denied by the COA, the
THE FOLLOWING DOES NOT NEED THE
APPROVAL OF THE COA FOR THEIR appointee cannot be reappointed
APPOINTMENT ● If the ad interim appointment was
denied by Congress, he can be
● All other officers of the government
reappointed

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PERMANENT APPOINTMENT- It is extendeed to a 4. Acceptance by the appointee
person possessing the requisite qualifications, STEPS IN THE APPOINTING PROCESS FOR
including the required, for the position, and thus APPOINTMENT WHICH DO NOT REQUIRE
protected by the constitutional guarantee of CONFIRMATION BY COA
1. Appointment by the appointing authority
security of tenure.
2. Issuance of the commission
TEMPORARY APPOINTMENT- It is an acting 3. Acceptance by the appointee
appointment. It is extended to one who may
possess the requisite qualifications or eligibility ELIGIBILITY AND QUALIFICATION
required by law for the position, and is REQUIREMENTS
recoverable at will, without the necessity of just
cause or valid investigation. Qualification for office- it is defined as the
endowment or accomplishment that fits for an
TAKE NOTE:
office; having the legal requisites, endowed with
● Having an appointment with a fixed term,
qualities fits for suitable for the purpose
he/she cannot, without his consent, be
- It is the possession of the qualities or
transferred before the end of his term.
circumstances which are inherently or
legally necessary to render him eligible
REGULAR APPOINTMENT- is one made by the
to fill an office or to perform a public
president while the Congress is in session after
duty or function.
the nomination is confirmed by the COA, and it
continues until the end of the term
TAKE NOTE:
AD-INTERIM APPOINTMENT- is one made by the
● CONGRESS has the power, consistently
President while Congress is not in session, before
with the constitutional provisions, to
confirmation by the COA, is immediately
prescribe qualifications for appointive or
effective, and ceases to be valid if disapproved
elective positions and define who are
or bypassed by the COA upon the next
disqualified.
adjournment of Congress.
● The qualifications for public office are
continuing requirements and must be
STEPS IN THE APPOINTING PROCESS FOR
possessed not only at the time of
REGULAR APPOINTMENT
1. Nomination by the President appointment or election or assumption

2. Confirmation by the COA of office but also during the officers

3. Issuance of the COA entire term; once any of the required

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 qualifications is lost, his title to the
office is deemed forfeited.
● The subsequent acquisition of the
qualifications by the officer will not
validate the void appointment.
● Property qualifications may not be
imposed upon to exercise the right to run
for public office
● Loss of any of the qualifications during
incumbency will be a ground for
termination.
● Prolonged failure or refusal to take oath
of office could result in forfeiture of the
office
● Once proclaimed and duly sworn in office,
a public officer is entitled to assume
office to exercise the functions of the
office.
OATH OF OFFICE- it is a qualifying requirement
for a public office.
-it is only when the public officer has satisfied
with this prerequisite can his right to enter into
the position be considered plenary and complete.
GENERAL DISQUALIFICATIONS UNDER
THE CONSTITUTION
1. No candidate who lost in an election
shalom within one year after which the
election to any office in the government
2. No elective official shall be eligible for
appointment or resignation in any
capacity to any public office or position
during his tenure
3. Unless otherwise allowed by law or by
the primary functions of his position, no
appointive official shall hold any other
position in the government
SPECIFIC DISQUALIFICATIONS UNDER
THE CONSTITUTION
1. The President, Vice, president, the
members of the Cabinet, ad their
deputies or assistants shall not, unless
otherwise provided in the constitution,
hold any other office or employment
during their tenure
2. No Senator or Member of the HOR may
hold any other office or employment in
the government, or any subdivision,
agency, or instrumentality thereof,
including GOCC or their subsidiarie,
during his term without forfeiting his
seat, Neither shall he be appointed to
any office which may have been created
or the emoluments thereof increased
during the term for which he was elected
3. The members of the SCand other courts
established by law shall not be
designated to any agency performing
quasi-judicial or administrative functions
4. No members of a constitutional
commission shall, during his tenure hold
any other office or employment . The
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 same disqualification applies to the DEFACTO OFFICERS

Ombudsman and his deputies

De Jure Officer- as one who is in all respects
5. The Ombudsman and his deputies shall
legally appointed or elected and qualified to
not be qualified to run for any office in
exercise the office.
the election immediately succeeding
De Facto Officer - is one who assumed office
their cessation from office
under a color of a known appointment or
6. Members of the Constitutional
election, void because the officer was not eligible
Commission, the Ombudsman and
or because there was a want of power in the
deputies are appointed for a term of 7
electing body, or by reasons of some defect or
years without reappointment
irregularity in its exercise, such ineligibility, want
7. The spouse and relatives by
of power, or defect being unknown to the public
consanguinity or affinity within the
- One who is possession of an office, and is
fourth civil degree of the President shall
discharging its duties under a color of
not during his tenure be appointed as
authority, by which is meant authority
members of the Constitutional
derived from an appointment, however
Commissions, or the Office of the
irregular or informal, so that the
Ombudsman, or as as secretaries,
incumbent be not a mere volunteer
undersecretaries, chairmen or heads of
TAKE NOTE:
bureaus or office, including GOCC’s.
● He is entitled to emolument for actual
EX-OFFICIO POSITION- It is actually in legal
services rendered.
contemplation part of the principal office.
● He cannot be made to reimburse funds
- The official concerned is not entitled to
disturbed during his term of office
receive additional compensation for his
because his acts are as valid as those of
services in the said position because his
a de jure officer.
services are already paid for and
● THERE CANNOT BE A DE FACTO OFFICER
covered by the compensation attached
IN A DE FACTO OFFICE.
to his principal office.
USURPER - One who usurps an office and
undertakes to act officially without any color of
right

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CIVIL SERVICE COMMISSION
- It is the central personnel agency of the
government.
- It administers the civil service and is
tasked with the duty to establish a
career service and adapt measures to
promote moral, efficiency, integrity,
responsiveness, progressiveness, and
courtesy in the civil service.
PURPOSE OF CSC
-it is to ensure and promote the general
mandate requiring appointments only according
to merit and fitness, and to provide within the
public service a progressive system of personnel
administration to insure the maintenance of an
honest and efficient progressive and courteous
civil service in the Philippines.
DISABILITIES AND INHIBITIONS
PUBLIC OFFICERS
● The right of government employees to
organize is limited only to the formation
of unions or associations without
including the right to strike.
● Civil service employees are prohibited
from staging strikes and
unauthorized mass actions which disrupt
public services.
● GR: The appointment or election of an
attorney to a government
disqualifies him from engaging in the
private practice of law.
REASON: The disqualification is intended
to preserve the public trust in a public
office, avoid conflict of interest or a
possibility thereof, assure the people of
impartiality in the performance of public
functions and thereby promote the
public welfare.
● A lawyer member of the Legislature is
NOT absolutely prohibited from engaging
in the practice of his possession. He is
only prohibited from appearing (even in
filing pleadings) as counsel before any
court of justice or before the Electoral
Tribunals, or quasi-judicial and other
administrative bodies.
UNDER THE LGC THE FF ARE PROHIBITED FROM
OF ENGAGING OR PRACTICING THEIR PROFESSION:
● GOVERNORS
● CITY MAYORS
● MUNICIPAL MAYORS
NOTE:
GR: Members of the Sanggunian may engage in
the practice of law
EXPNS:
taking ● They shall not appear as counsel before
any court in any civil case wherein a local
government unit or any office, agency, or
instrumentality of the government is the
office adverse party;
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 ● They shall not appear as counsel in any
criminal case wherein the officer or
employee of the national or local
government is accused of an offense
committed in relation to his office
● They shall not collect any fee for their
appearance in administrative
proceedings involving the local
government unit of he is an official
● They shall not use property and
personnel of the government, except
when the sanggunian member concerned
is defending the interests of the
government.
TAKE NOTE:
● The title of a de facto officer cannot be
assailed collaterally.
● It may not be contested except directly,
by quo warranto proceeding.
● The title to the office of a public officer,
whether de jure or de facto, can only be
determined in a proceeding in the nature
of quo warranto and cannot be tested by
prohibition.
● Prohibition does not lie to determine the
title of a de facto officer.
TERMINATION OF OFFICIAL
RELATIONSHIP
Modes of Terminating Official Relationship
● Expiration of term or tenure
● Reaching the age limit
● Resignation
● Recall
● Removal
● Abandonment
● Acceptance of an incompatible office
● Abolition of Office
● Prescription of the right of office
● Impeachment
● Death
● Failure to assume elective office within 6
months from proclamation
● Conviction of a crime
● Filing of a certificate of Candidacy
Principle of Hold-over- In the absence of any
expressed or implied constitutional or statutory
provision to the contrary, the public officer is
entitled to hold his office until his successor shall
have been duly chosen and shall have qualified.