LAW OF PUBLIC OFFICERS by ATTY.

KPC
LAW OF PUBLIC OFFICERS of a superior power other than the law,
unless they be of those of an inferior or
I. General Principles subordinate office created or authorized
by the legislature, and by it placed
What is Public Office? under the general control of a superior
office or body; and
Public office is public trust. (Sec. 1, Art. XI,
1987 Constitution) It is the right, authority, e. Must have permanence or continuity.
conferred by law, by which, for a given period,
either fixed by law or enduring at pleasure of the
creating power, and individual is invested with How is public office created?
some portion of sovereign functions of the
government, to be exercised to benefit the public. Public offices are created:
(Laurel v. Desierto, 381 SCRA 48, April 12,
2002) a. By the Constitution; (e.g. Office of the
President)
The right, authority, and duty, created and
conferred by law, by which, for a given period b. By valid statutory enactments;(e.g. Office of
either fixed by law or enduring at the pleasure of the Insurance Commissioner) and
the creating power, an individual is invested with
some portion of the sovereign functions of c. By authority of law. (e.g. Davide
government, to be exercised by that individual Commission)
for the benefit of the public. [Fernandez v. Sto.
Tomas, G.R. No. 116418, March 07, 1995; Characteristics of a Public Office
Appari vs.
Court of Appeals, 127 SCRA 231 (1984); Characteristics of a public office include
Oliveros v. Villaluz, 57 SCRA 163 (1974)] delegation of sovereign functions, its creation by
law and not by contract, an oath, salary,
Article XI of the 1987 Constitution, which continuance of the position, scope of duties, and
states that "public office is a public trust," is an designation of the position as an office.
overarching reminder that every instrumentality (Laurel v. Desierto)
of government should exercise their official
functions only in accordance with the principles Delegation of sovereign functions.
of the Constitution which embodies the
parameters of the people's trust. The notion of Delegation to the individual of some
public trust connotes accountability. sovereign functions of government is the most
(Ombudsman important characteristic in determining whether a
v. Vergara, G.R. No. 216871, December 6, position is a public office or not. (Laurel v.
2017) Desierto)

Elements of Public Office Sovereign functions refer to either

a. Created by law or by authority of law;
b. Possess a delegation of a portion of the
sovereign powers of government to be
exercised for the benefit of the public;
c. Powers conferred and duties imposed
must be defined, directly or impliedly, by
the legislature or by legislative authority;
d. Duties must be performed independently
and without the control
legislative, executive, or judicial functions
exercised for public benefit, either directly
or indirectly.
Illustration:
Administration of a state university by a
government scholar in her capacity as student
regent is a sovereign function as she performs
legitimate government function by providing
advanced instruction in literature, philoshopy,
sciences, and arts and giving professional and
technical training. (UP v. CIR, 107 Phil. 848
[1960]; Serana v.

1
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without prior consent from the author. This material is exclusively for the use of PHINMA-University of Pangasinan 4 th Year Political Science
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Sandiganbayan, G.R. No. 162059, Jan. 22,
2008)
Promotion of continuing book publishing
industry development throught active
participation of the private sector to ensure
adequate supply of affordable, quality- produced
books for domestic, and export market is a
sovereign function. (Javier v. Sandiganbayan,
G.R. Nos. 147026-27, Sept. 11, 2009)
Creation by law
The legislature creates the office, defines its
powers, limits its duration, annexes
compensation. This done, legislative power
ceases. (Myers v. US [1926], 272 U.S. 52;
Government of the Philippine Islands v. Spinger,
G.R. No. L-26979, April 1, 1927)
The creation and abolition of public offices
are primarily legislative functions. Congress may
abolish any office it creates without impairing
officer’s right to continue in the position held
and that such power may be exercise for
various reasons, such as lack of funds or in the
interest of economy.
For abolition to be valid, it must be made in
good faith, not for political or personal reasons,
or in order to circumvent constitutional security
of tenure of civil service employees.
(Canonizado v. Aguirre, 380 Phil. 280, 286
[2000])
Not by contract; exception
Public office is not created by concreated by
contract does not necessarily preclude
contractual government employment. It merely
emphasizes legislative authority to create public
office.
A person may hold any public office in
government by virtue of a contract. (Sec.1[a],
R.A. 7080)
Oath of office
An oath of office is a qualifying requirement
for a public office and a prerequisite to full
investiture of the office. (Chairman Chavez v.
Ronidel, 607 Phil. 76,
83 [2009]) Only when the public officer stratifies
this prerequisite can his or her right
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LAW OF PUBLIC OFFICERS by ATTY. KPC
to enter into the position be conserved plenary
and complete. Until then, he or she has none at
all, and for as long as he or she has not qualified,
the holdover officer is the rightful occupant.
(Lecaroz .v Sandiganbayan, G.R. No. 130872,
March 25, 1996)
A public officer who fails to take oath to
signify his or her acceptance of the office and the
undertaking to execute the trust confided in him
or her cannot assume office. (State v. Boyd, 48
N.W. 739, 751, 31, Neb. 682)
Payment of Salary
Compensation is not an essential element of
public office. At most, it is merely incidental to
it. (Laurel v. Desierto)
A salary is a usual but not a necessary
criterion to determine nature of position. It is not
conclusive. Salary is mere incident and forms no
part of the office.
Continuance of position
The element of continuance or permanency is
not indispensable. If other elements a re present,
it can make no difference, whether there be but
one act or a series of acts to be done, whether the
office expires as soon as the act is done, or is
to be held for years or during good behavior.
(Laurel v. Desierto)
Scope of duties
In order that acts may be done within the
scope of official authority, it is not necessary that
they be prescribed by statute, or be specifically
directed or requested by a superior officer. It is
sufficient if they are done by an officer in
relation to matters committed by law to his or her
control or supervision, or that they have more or
less connection with such matters, or that they
are governed by a lawful requirement of the
department under whose authority the officer
acts. (PASI v. Lichauco, G.R. No. 142362, May
3, 2006)
Designation of position as an office
Where the National Internal Revenue Code
does not authorize the Bureau of Internal
Revenue to designate a private individual as
custodian of distrained
2

property, such designation does not make him a
public officer. The power to authorize a private
person to act as custodian does not include power
to appoint as public officer. (Azarcon v.
Sandiganbayan, 268 SCRA 747)
Modes of acquiring title to public office
a. Election - In our jurisdiction, an election
means the choice or selection of candidates
to public office by popular vote through the
use of the ballot, and the elected officials
which are determined through the will of the
electorate. An election is the embodiment of
the popular will, the expression of the
sovereign power of the people. (Rulloda v.
COMELEC, G.R. No. 154198, January 20,
2003)
b. Appointment - Appointment may be defined
as the selection, by the authority vested with
the power, of an individual who is to exercise
the functions of a given office. When
completed, usually with its confirmation, the
appointment results in security of tenure for
the person chosen unless he is replaceable at
pleasure because of the nature of his office.
(Binamira v. Garrucho, Jr., G.R. No. 92008,
July 30, 1990)
c. Designation - Designation, on the other hand,
connotes merely the imposition by law of
additional duties on an incumbent official.
Designation may also be loosely defined as
an appointment because it likewise involves
the naming of a particular person to a
specified public office. That is the common
understanding of the term. However, where
the person is merely designated and not
appointed, the implication is that he shall
hold the office only in a temporary capacity
and may be replaced at will by the appointing
authority. In this sense, the designation is
considered only an acting or temporary
appointment, which does not confer security
of tenure on the person named. (Binamira v.
Garrucho, Jr.)
d. Succession - when the office to which one
succeeds is legally vacated. (e.g. succession
under the Local Government Code)
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LAW OF PUBLIC OFFICERS by ATTY. KPC
Is public office a property right?
It is not a property within the sense of
constitutional guarantees of due process, but is a
process, but is a public agency. In a popular
representative government, officers are mere
agents and not rulers of the people, where no one
has proprietary or contractual right to an office,
but where every officer accepts office pursuant
to law and holds it in trust for the people.
(Cornejo v. Gabriel, G.R. No. L-16887, Nov 17,
1920)
It is personal to the incumbent and is not a
property that passes to his heirs. When protestee
dies during dependency of election protest, his
widows, cannot substitute him to continue his
counterclaim for damages. (Abeja v. Tañada,
G.R. No. 110272, Aug. 30 1994)
Although public office is not property under
Section 1 of the Bill of Rights of the
Constitution, and one cannot acquire a vested
right to public office, it is, nevertheless, a
protected right. (Bince, Jr. v. COMELEC, G.R.
Nos. 111624-25, March 9,
1995)
Who is a Public officer?
Several laws define who a public officers is.
To wit;
Any person holding any public office in
government by virtue of an appointment,
election, or contract. (Sec.1, R.A. 7080)
Any person who, by direct provision of law,
popular election or appointment by competent
authority, takes part in performance of public
functions in government, or performs in it or any
of its branches, public duties as an employee,
agent, or subordinate official, of any rank or
class. (Art. 203, Revised Penal Code)
“Public Officials” includes elective and
appointive officials and employees, permanent or
temporary, whether in the career or non-career
service, including military and police personnel,
whether or not they receive compensation,
regardless of amount. (Sec. 3[b], R.A. 6713)
3

In layman’s term, a public officer is a person
who holds a public office.
The most important characteristic which
distinguishes office from employment or contract
is that the creation and conferring of an office
involves delegation to individual of some
sovereign functions of government, either
legislative, executive, or judicial, attaches, for
the time being, to be exercised to benefit the
public.
Classification of civil service positions
Career service positions are classified into
either career service or noncareer service
positions. (E.O. 292, Book V Title, Title I,
Subtitle A, Chapter 2 Sec. 6(2), cited in CSC v.
Javier, G.R. No. 173264, Feb. 22, 2008)
Career service positions, characteristics
Career service positions are characterized by
entrance based on merit and fitness to be
determined as far as practicable by competitive
examinations, (Sec.2[2], Art. IX (B) 1987
Philippine Constitution) or based on highly
technical qualifications, opportunity for
advancement to higher positions, and security of
tenure. (Sec. 7, Chapter 2, Title I(A), Book V,
E.O. 292)
Career service positions
(1) Open Career positions for appointment to
which prior qualification in an appropriate
examination is required;
(2) Closed Career positions which are
scientific, or highly technical in nature; these
include the faculty and academic staff of state
colleges and universities, and scientific and
technical positions in scientific or research
institutions which shall establish and maintain
their own merit systems;
(3) Positions in the Career Executive Service;
namely, Undersecretary, Assistant Secretary,
Bureau Director, Assistant Bureau Director,
Regional Director, Assistant Regional Director,
Chief of Department Service and other officers
of equivalent rank as may be identified by the
Career Executive
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LAW OF PUBLIC OFFICERS by ATTY. KPC
Service Board, all of whom are appointed by the
President;
(4) Career officers, other than those in the
Career Executive Service, who are appointed by
the President, such as the Foreign Service
Officers in the Department of Foreign Affairs;
(5) Commissioned officers and enlisted men of
the Armed Forces which shall maintain a
separate merit system;
(6) Personnel of government-owned or
controlled corporations whether performing
governmental or proprietary functions, who do
not fall under the non-career service; and
(7) Permanent laborers, whether skilled, semi-
skilled or unskilled. (Sec. 7(2), Chapter 2, Title
I(A), Book V, E.O. 292, cited in CSC
v. Pilila Water District, G.R. No. 190147, March
5, 2013)
Subclassification
Career positions are subclassified according
to nature of appointment, divided into permanent
and temporary status.
Permanent appointment – a permanent
appointment is issued to a person who meets all
requirements for the position to which he or she
is being appointed, including appropriate
eligibility prescribed, in accordance with
provisions of law and promulgated rules and
standards.
Temporary appointment – a temporary
appointment is issued, in the absence of
appropriate eligible individuals and when it
becomes necessary in the public interest to fill a
vacancy, to a person who meets all requirements
for the position to which he or she is being
appointed except appropriate civil service
eligibility, provided such temporary appointment
does not exceed twelve months and appointee
may be replaced sooner if a qualified civil
service eligible becomes available. (Sec. 27,
Chapter 5, Title I(A), Book V, E.O. 292,)
Elements of a Valid Appointment:
The following elements should always concur
in the making of a valid (which should be
4

understood as both complete and effective)
appointment:
(1) authority to appoint and evidence of the
exercise of the authority;
(2) transmittal of the appointment paper and
evidence of the transmittal;
(3) a vacant position at the time
appointment; and
(4) receipt of the appointment paper and
acceptance of the appointment by the appointee
who possesses all the qualifications and none of
the disqualifications.
The concurrence of all these elements should
always apply, regardless of when the
appointment is made, whether outside, just
before, or during the appointment ban. These
steps in the appointment process should always
concur and operate as a single process. There is
no valid appointment if the process lacks even
one step. And, unlike the dissent’s proposal,
there is no need to further distinguish between an
effective and an ineffective appointment when an
appointment is valid. (Atty. Velicaria-Garafil v.
Office of the President, 760 Phil. 410 [2015])
Appointment is an essentially discretionary
power and must be performed by the officer in
which it is vested according to his best lights, the
only condition being that the appointee should
possess the qualifications required by law. If he
does, then the appointment cannot be faulted on
the ground that there are others better qualified
who should have been preferred. This is a
political question involving considerations of
wisdom which only the appointing authority can
decide. (Luego v. CSC, 143 SCRA 327[1986])
Noncareer service positions
Positions that do not fall under career service
are considered noncareer positions characterized
by entrance on bases other than those of the
usual tests of merit and fitness utilized for career
service, and, tenure which is limited to a period
specified by law, or which is co-terminus with
that of
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LAW OF PUBLIC OFFICERS by ATTY. KPC
the appointing authority or subject to his or her
pleasure, or which is limited to duration of a
particular project for which purpose employment
was made. (Sec. 9, Chapter 2, Title I(A), Book
V, E.O. 292)
Noncareer service positions
(1) Elective officials and their personal
of or confidential staff;
(2) Secretaries and other officials of
Cabinet rank who hold their positions at
the pleasure of the President and their
personal or confidential staff(s);
(3) Chairman and members of
commissions and boards with fixed terms
of office and their personal or
confidential staff;
(4) Contractual personnel or those
whose employment in the government is
in accordance with a special contract to
undertake a specific work or job,
requiring special or technical skills not
available in the employing agency, to be
accomplished within a specific period,
which in no case shall exceed one year,
and performs or accomplishes the
specific work or job, under his own
responsibility with a minimum of
direction and supervision from the hiring
agency; and
(5) Emergency and seasonal
personnel. (Sec. 9, Chapter 2, Title I(A),
Book V, E.O. 292)
The constitutional mandate that appointments
in the civil service are made only according to merit
and fitness to be determined, as far as practicable, by
competent examination, (Sec. 2(2), Art. IX(B), 1987
Phil Consti) applies only to career service positions.
It does not apply to noncareer service positions that
are policy determining, primarily confidential or
highly technical as they are excluded from the merit
system and officers and employees appointed in it
may be dismissed at pleasure. These positions
involved the highest degree of confidence, or are
closely bound out with and dependent on other
positions to which they are subordinate, or are
temporary in nature.
5

(De Los Santos v. Mallare, G.R. No. L-3881,
August 31, 1950)
The primary purpose in declaring a position
as policy-determining, primarily confidential or
highly technical is to exempt the categories from
competitive examination as a means to determine
merit and fitness. These positions are covered by
security of tenure, although they are considered non-
competitive only in the sense that appointees thereto
do not have to undergo competitive examinations for
purposes of determining merit and fitness. (CSC v.
Salas, G.R. No. 123708, June 19, 1997)
Policy determining position
It is one charged with duty to formulate a
method of action for government or any of
its subdivisions. A city engineer does not
occupy a policy-determining position as his
job is to execute policy, not make it. (De Los
Santos v. Mallare)
Primarily confidential position
In classifying a position as primarily
confidential, its functions must be not
routine, ordinary and day-to-day in character.
(Tria v. Sto. Tomas, G.R. No. 85670, July
31,1991; Ingles v. Mutuc, 135
Phil. 177 [1968])
Proximity rule
Every appointment implies
confidence, but much more than ordinary
confidence is reposed in the occupant of a
position that is primarily confidential. The
latter phrase denotes not only confidence in
the aptitude of the appointee for the duties of
the office but primarily close intimacy which
insures freedom of intercourse without
embarrassment or freedom from misgivings
of betrayals of personal trust or confidential
matters of state. (De Los Santos v. Mallare)
A position is considered to be
primarily confidential when there is a
primarily close intimacy between the
appointing authority and the appointee,
which ensures the highest degree of trust and
unfettered communication and discussion on
the most confidential of
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without prior consent from the author. This material is exclusively for the use of PHINMA-University of Pangasinan 4 th Year Political Science
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LAW OF PUBLIC OFFICERS by ATTY. KPC
matters. (Borres v. CA, G.R. No. L- 36845,
August 21, 1987; CSC v Javier)
Examples
a. PNB Chief Legal Counsel; (Besa v. PNB,
144 Phil. 282[1970])
b. Confidential Agent;
c. Office of the GSIS Auditor; (Salazar v.
Mathay, 165 Phil. 256[1976])
d. Sangguniang Bayan Secretary; (Cortez v.
Bartolome, G.R. No. L- 46629, Sept. 11,
1980)
e. Senior Security and Security Guard;
f. Office of the Vice Mayor; (Borres v. CA)
g. Secretary to the Board of a government
corporation; (Gray v. De Vera, 138 Phil.
279 [1969])
h. City Legal Counsel, City Legal Officer or
City Attorney; (Hilario v. CSC, 312 Phil.
1157[1995])
i. Private Secretary; (Ingles v. Mutuc)
j. Board of Secretary of a state college; and
(Gloria v. De Guzman, 319 Phil.
217[1995])
k. Corporate Secretary of the GSIS Board
of Trustees. (CSC v. Javier)
Highly technical position
Highly technical means something beyond
ordinary requirements of the profession.
(CSC v. Salas) It requires the occupant to
possess a technical skill or training in the
supreme or superior degree.
It refers to closed career positions that
are scientific, or highly technical in nature. It
includes faculty and academic staff of state
colleges and universities, and scientific and
technical positions in scientific or research
institutions that establish and maintain their
own merit systems. (Sec. 7(2), Chapter 2m
Title I(A), Book V, E.O. 292)
6
 LAW OF PUBLIC OFFICERS by ATTY. KPC

Are public officers liable to injury or Qualifications for public office, whether
damage caused during the elective or not, are continuing requirements.
performance of their duties? They must be possessed not only at the time of
appointment or election, or assumption to office,
As a rule, a public officer is not
but during officer’s entire tenure. (Maquiling v.
personally liable to one injured in
Comelec, 696 SCRA 420[2013] Once any of the
consequence of an act performed within
required qualifications is lost, his title may be
scope of his or her official authority, and in
seasonably challenged. (Mitra v. COMELEC,
line of official duty. (PASI v. Lichauco) A
622 SCRA 744[2010])
public officer is not liable for damages that a
person may suffering arising from just Qualifications for public office are
performance of official duties and within continuing requirements and must be possessed
scope of assigned tasks (PASI v. Lichauco) not only at the time of appointment or election or
as it would virtually be a charge against the assumption of office but during the officer's
Republic, which is not amenable to judgment entire tenure. Once any of the required
for monetary claims without its consent. qualifications is lost, his title may be seasonably
(Vinzons- Chato v. Fortune Tobacco Corp., challenged. (Frivaldo v. COMELEC, 174 SCRA
G.R. No. 141309, June 19, 2017) 245[1989])
However, a public officer is by law
Qualifications for Elective officers
not immune from damages in his or her
personal capacity for acts done in bad faith
President and Vice President
which, being outside scope of authority are
no longer protected by the mantle of
No person may be elected President or Vice
immunity for official actions. (Vinzons- President unless he is a natural-born citizen of
Chato v. Fortune Tobacco Corp.)
the Philippines, a registered voter, able to read
and write, at least forty years of age on the day of
II. Eligibility, Qualifications, and
the election, and a resident of the Philippines for
Disqualifications to Public Office
at least ten years immediately preceding such
election. (Secs.
Who has the authority to prescribe?
2 and 3, Art. VII of the 1987 Phil. Constitution)
It is inarguable that Congress has plenary
Senator
authority to prescribe qualifications to a public
office. It may not however prescribe
No person shall be a Senator unless he is a
qualifications such that the President is entirely
natural-born citizen of the Philippines and, on the
stripped of discretion, thus converting
day of the election, is at least thirty-five years of
appointment to a mere ministerial act. (Flores v.
age, able to read and write, a registered voter,
Drilon, G.R. No. 104732, June 22, 1993)
and a resident of the Philippines for not less than
two years immediately preceding the day of the
Qualifications
election. (Sec. 3, Art. VI, 1987 Phil.
Constitution)
1. May refer to endowments, qualities or
attributes which make an individual eligible
Member , House of Representative
for public office, e.g., Citizenship; or
The House of Representatives shall be
2. May refer to the act of entering into the
composed of not more than two hundred and
performance of functions of a public office,
fifty members, unless otherwise fixed by law,
e.g., taking the oath of office.
who shall be elected from legislative districts
apportioned among the provinces, cities, and the
Qualifications, when possessed
Metropolitan Manila area in accordance with
the number of their

7
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without prior consent from the author. This material is exclusively for the use of PHINMA-University of Pangasinan 4 th Year Political Science
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respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as
provided by law, shall be elected through a
party-list system of registered national, regional,
and sectoral parties or organizations. (Sec. 5(1),
Art. VI, 1987 Phil. Constitution)
District Representative
No person shall be a Member of the House of
Representatives unless he is a natural-born
citizen of the Philippines and, on the day of the
election, is at least twenty- five years of age, able
to read and write, and, except the party-list
representatives, a registered voter in the district
in which he shall be elected, and a resident
thereof for a period of not less than one year
immediately preceding the day of the election.
(Sec. 6, Art. VI, 1987 Phil. Constitution)
Party-List Representative
No person shall be nominated as party- list
representative unless he is a natural-born citizen
of the Philippines, a registered voter, a resident
of the Philippines for a period of not less than
one (1)year immediately preceding the day of the
election, able to read and write, a bona fide
member of the party or organization which he
seeks to represent for at least ninety (90) days
preceding the day of the election, and is at least
twenty-five (25) years of age on the day of the
election. (Sec. 9 R.A. 7941)
Local elective officials
An elective local official must be a citizen of
the Philippines; a registered voter in the
Barangay, municipality, city, or province or, in
the case of a member of the Sangguniang
Panlalawigan, Sangguniang Panlungsod, or
Sanggunian bayan, the district where he intends
to be elected; a resident therein for at least one
(1) year immediately preceding the day of the
election; and able to read and write
Filipino or any other local language or dialect.
(Sec. 39(a), Local Government Code of 1991)
Candidates for the position of governor, vice-
governor or member of the Sangguniang
Panlalawigan, or Mayor, vice-
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without prior consent from the author. This material is exclusively for the use of PHINMA-University of Pangasinan 4 th Year Political Science
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LAW OF PUBLIC OFFICERS by ATTY. KPC
mayor or member of the Sangguniang
Panlungsod of highly urbanized cities must be at
least twenty-three (23) years of age on election
day. (Sec. 39(b), Local Government Code of
1991)
Candidates for the position of Mayor or vice-
mayor of independent component cities,
component cities, municipalities must be at least
twenty-one (21) years of age on election day.
(Sec. 39(c), Local Government Code of 1991)
Candidates for the position of member of the
Sangguniang Panlungsod or Sangguniang bayan
must be at least eighteen (18) years of age on
election day. (Sec. 39(d), Local Government
Code of 1991)
Candidates for the position of Punong
Barangay or member of the Sangguniang
Barangay must be at least eighteen (18) years of
age on election day. (Sec. 39(e), Local
Government Code of 1991)
An official of the Sangguniang Kabataan,
either elective or appointee, must be a citizen of
the Philippines, a qualified voter of the
Katipunan ng Kabataan, a resident of the
barangay for not less than one (1) year
immediately preceding the day of the elections,
at least eighteen (18) years but not more than
twenty-four (24) years of age on the day of the
elections, able to read and write Filipino,
English, or the local dialect, must not be related
within the second civil degree of consanguinity
or affinity to any incumbent elected national
official or to any incumbent elected regional,
provincial, city, municipal, or barangay official,
in the locality where he or she seeks to be
elected, and must not have been convicted by
final judgment of any crime involving moral
turpitude. (Sec. 10, R.A. 10472)
Disqualifications of Public Officers
Constitutional Inhibitions
A. 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.
[Sec. 6, Art. IX-B]
8

B. No elective official shall be eligible for
appointment or designation in any capacity to
any public office or position during his
tenure. [Sec. 7(1), Art. IX-B]
C. 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.
[Sec. 7 (2), Art. IX-B]
D. The President, Vice-President, the Members
of the Cabinet, and their deputies or
assistants shall not, unless otherwise
provided in this Constitution, hold any other
office or employment during their tenure.
They shall not, during said tenure, directly or
indirectly, practice any other profession,
participate in any business, or be financially
interested in any contract with, or in any
franchise, or special privilege granted by the
Government or any subdivision, agency, or
instrumentality thereof, including
government-owned or controlled
corporations or their subsidiaries. They shall
strictly avoid conflict of interest in the
conduct of their office. [Sec. 13, Art. VII]
E. No Senator or Member of the House of
Representatives may 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,
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. [Sec.12 , Art.
VI]
F. The Members of the Supreme Court and of
other courts established by law shall not be
designated to any agency performing
quasi-judicial or administrative
functions. (Sec. 6, Art. VIII) Exception:
Designation to the
The author reserves exclusive right over this material. No part of this work may be copied, reproduced, or transmitted in any form or by any means
without prior consent from the author. This material is exclusively for the use of PHINMA-University of Pangasinan 4 th Year Political Science
Students (Block 1 and 2) currently enrolled in BAM 193 A.Y. 2023-2024.
LAW OF PUBLIC OFFICERS by ATTY. KPC
Presidential Electoral Tribunal, Senate
Electoral Tribunal or House of
Representatives Electoral Tribunal.
G. No MEMBER OF A CONSTITUTIONAL
COMMISSION shall, during his tenure, hold
any other office or employment. Neither shall
he engage in the practice of any profession or
in the active management or control of any
business which in any way may be affected
by the functions of his office, nor shall he be
financially interested, directly or indirectly,
in any contract with, or in any franchise or
privilege granted by the Government, any of
its subdivisions, agencies, or
instrumentalities, including government-
owned or controlled corporations or their
subsidiaries. [Sec. 2, Article IX-A] The same
disqualification applies to the Ombudsman
and his Deputies. [Sec. 8, Article XI]
H. No SENATOR OR MEMBER OF THE
HOUSE OF REPRESENTATIVES may
personally appear as counsel before any court
of justice or before the Electoral Tribunals,
or quasi-judicial and other administrative
bodies. Neither shall he, directly or
indirectly, be interested financially in any
contract with, or in any franchise or special
privilege granted by the Government, or any
subdivision, agency, or instrumentality
thereof, including any government-owned or
controlled corporation, or its subsidiary,
during his term of office. He shall not
intervene in any matter before any office of
the Government for his pecuniary benefit or
where he may be called upon to act on
account of his office. [Sec. 14, Art. VI]
I. No elective or appointive public officer or
employee shall receive additional, double, or
indirect compensation, unless specifically
authorized by law, nor accept without the
consent of the Congress, any present,
emolument, office, or title of any kind from
any foreign government. Pensions or
gratuities shall not be considered as
additional, double, or indirect compensation.
[Sec. 8, Art. IX-B]
9
 LAW OF PUBLIC OFFICERS by ATTY. KPC
J. No loan, guaranty, or other form of financial III. Collect any fee for their
accommodation for any business purpose appearance in administrative
may be granted, directly or indirectly, by any proceedings involving the local
government- owned or controlled bank or government unit of which he is an
financial institution to the President, the official; and
Vice- President, the Members of the Cabinet,
the Congress, the Supreme Court, and the
Constitutional Commissions, the IV.Use property and personnel of the
Ombudsman, or to any firm or entity in government except when the
which they have controlling interest, during sanggunian member concerned is
their tenure. [Sec. 16, Art. XI) defending the interest of the
government.

K. No officer or employee in the civil service 3.) Doctor of Medicine may practice their
shall engage, directly or indirectly, in any profession even during official hours
electioneering or partisan political campaign. of work only on occasions of
[Sec. 2(4), Art. IX-B] emergency: Provided, That the
officials concerned do not derive
Statutory Inhibitions monetary compensation therefrom.
[Sec. 90, LGC]
A. Prohibition under the Local Government
B. Appointive officers under the
Code:
Civil Service Rules:
1.) All governors, city and municipal mayors
No officer shall engage directly in
are prohibited from practicing their
any private business, vocation, or profession
profession or engaging in any
or be connected with any commercial, credit,
occupation other than the exercise of
agricultural, or industrial undertaking without
their functions as local chief
a written permission from the head of the
executives.
department. This prohibition will be absolute
2.) Sanggunian members may practice in the case of those officers and employees
their professions, engage in any whose duties and responsibilities require that
occupation, or teach in schools except their entire time be at the disposal of the
during session hours: Provided, That Government (e.g., mayors).
sanggunian members who are also
Exception: If an employee is granted
members of the Bar shall not:
permission to engage, in outside activities,
the time so devoted outside of office hours
I. Appear as counsel before any
should be fixed by the chief of the agency to
court in any civil case wherein a
the end that it will not impair in any way the
local government unit or any
efficiency of the officer or employee.
office, agency, or
instrumentality of the government
Exception to Exception: No
is the adverse party;
permission is necessary in the case of
investments, made by an officer or employee,
II. Appear as counsel in any criminal
which do not involve any real or apparent
case wherein an officer or
conflict between his private interests and
employee of the national or local
public duties, or in any way influence him in
government is accused of an
the discharge of his duties, and he shall not
offense committed in relation to
take part in the management of the enterprise
his office.
or become an officer or member of the board
of

1
The author reserves exclusive right over this material. No part of this work may be copied, reproduced, or transmitted in any form or by any means
without prior consent from the author. This material is exclusively for the use of PHINMA-University of Pangasinan 4 th Year Political Science
Students (Block 1 and 2) currently enrolled in BAM 193 A.Y. 2023-2024.

directors [Sec. 12, Rule XVIII, Revised
Civil Service Rules].
C. Nepotism
Under the foregoing definition, one
is guilty of nepotism if an appointment is
issued in favor of a relative within the third
civil degree of consanguinity or affinity of
any of the following: (a) appointing
authority; (b) recommending authority; (c)
chief of the bureau or office; and (d) person
exercising immediate supervision over the
appointee. (Bagaoisan vs. Ombudsman, G.R.
No. 242005, June 26,
2019)
Jurisprudence has it that for the
purpose of determining nepotism, there
should be no distinction between
appointment and designation; otherwise, the
prohibition on nepotism would be
meaningless and toothless. Any appointing
authority may circumvent it by merely
designating, and not appointing, a relative
within the prohibited degree to a vacant
position in the career service. Indeed, what
cannot be done directly cannot be done
indirectly. (Bagaoisan v. Ombudsman)
III. De Facto Officers
Who is a De Facto Officer?
One who has the reputation of being the
officer that he assumes to be, and yet is not a
good officer in point of law (Torres v. Ribo, 81
Phil. 44)
A de facto officer is one who is in possession
of an office and who openly exercises its
functions under color of an appointment or
election, even though such appointment or
election may be irregular. (General Manager,
Philippine Port Authority v. Monserate, 381
SCRA 200, 213[2002]) It
is likewise defined as one who is in possession
of an office, and is discharging its duties under
color of authority, by which is meant authority
derived from an appointment, however irregular
or informal, so that the incumbent be not a mere
volunteer. (Dimaandal v. Commission on Audit,
353 Phil. 525, 534 [1998]; Zoleta v.
The author reserves exclusive right over this material. No part of this work may be copied, reproduced, or transmitted in any form or by any means
without prior consent from the author. This material is exclusively for the use of PHINMA-University of Pangasinan 4 th Year Political Science
Students (Block 1 and 2) currently enrolled in BAM 193 A.Y. 2023-2024.
LAW OF PUBLIC OFFICERS by ATTY. KPC
Sandiganbayan, G.R. No. 185224, July 29,
2015)
De facto doctrine
Elements:
1. There must be a de jure office;
2. There must be a color of right or general
acquiescence by the public; and
3. There must be actual physical possession of
the office in good faith. (Tuanda v.
Sandiganbayan, 319 Phil. 460, 472[1995];
Laud v. People, G.R. No. 199032, November
19, 2014)
The expanse of the de facto doctrine was
established early in the development of our
jurisprudence. In Luna v. Rodriguez, 371 Phil.
192, the doctrine was established to contemplate
situations where the duties of the office were
exercised:
A. Without a known appointment or election,
but under such circumstances 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 assumes to be;
B. Under color of a known or valid appointment
or election, where the officer has failed to
conform to some precedent requirement or
condition, for example, a failure to take the
oath or give a bond, or similar defect;
C. Under 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 ineligibility, want of power or
defect being unknown to the public; and
D. Under color of an election, or appointment,
by or pursuant to a public unconstitutional
law, before the same is adjudged to be such.
(A. M. No. 13-04- 03-SC, December 10,
2013)
1
 LAW OF PUBLIC OFFICERS by ATTY. KPC
Are the acts of a de facto officer valid? De facto officer and usurper, distinguished.

The acts of a de facto officer are just as valid
for all purposes as those of a de jure officer, in so
far as the public or third persons who are
interested therein are concerned. (Funa v. Agra,
G.R. No. 191644, February 19, 2013)
The treatment of a de facto officer’s acts is
premised on the reality that third persons cannot
always investigate the right of one assuming to
hold an important office and, as such, have a
right to assume that officials apparently qualified
and in office are legally such. (Re: Nomination
of Atty. Lynda Chaguile, IBP Ifugao President,
as Replacement for IBP Governor for Northern
Luzon, Dennis B. Habawel, A.M. No. 13-04- 03-
SC, December 10, 2013)
The de facto doctrine has been formulated,
not for the protection of the de facto officer
principally, but rather for the protection of the
public and individuals who get involved in the
official acts of persons discharging the duties of
an office without being lawful officers. (Monroy
v. CA, 20 SCRA 520[1967])
He is distinguished from a mere usurper or
intruder by the fact that the former holds by some
color of right or title while the latter intrudes upon
the office and assumes to exercise its functions
without either the legal title or color of right to such
office. (Codilla v. Martinez)
As against a mere usurper, "it is the color of
authority, not the color of title that distinguishes an
officer de facto from a usurper." Thus, a mere
usurper is one "who takes possession of [an] office
and undertakes to act officially without any color of
right or authority, either actual or apparent." A
usurper is no officer at all. (A.M. No. 13-04-03-SC
[2013])
Are De Facto officers entitled to salary?
A de facto officer is entitled to be paid for
actual services rendered, except where there is a
sitting de jure officer. (Sampayan v. Daza, G.R. No.
103903, September 11, 1992)

De facto and de jure officer, distinguished.

An officer de facto is to be distinguished

from an officer de jure, and is one who has the
reputation or appearance of being the officer he
assumes to be but who, in fact, under the law, has no
right or title to the office he assumes to hold.
(Codilla v. Martinez, G.R. No. L-14569, November
23, 1960)

The difference between the basis of the

authority of a de jure officer and that of a de facto
officer is that one rests on right, the other on
reputation. It may be likened to the difference
between character and reputation. One is the truth of
a man, the other is what is thought of him. (CSC v.
Joson, 473 Phil. 859[2004])

Simply put, a DE FACTO OFFICER

exercises his or her authority under a color of an
appointment or an election, while a DE JURE
OFFICER is legally appointed or elected, and
possesses all qualifications to the office.

1
The author reserves exclusive right over this material. No part of this work may be copied, reproduced, or transmitted in any form or by any means
without prior consent from the author. This material is exclusively for the use of PHINMA-University of Pangasinan 4 th Year Political Science
Students (Block 1 and 2) currently enrolled in BAM 193 A.Y. 2023-2024.