lOMoARcPSD|27993080

Law on Public Officers

2) It is a responsibility and not a right.
A. General Principles (Morfe v. Mutuc, 1968)

Elements
I. Concept and Application
i. Must be created either by law or by
Public Office authority of law;
a. the Constitution,
 Used to refer to the right, authority and b. the Legislature, or
duty, created and conferred by law, by c. Municipality or other body through
which, for a given period either fixed by authority conferred by the
law or enduring at the pleasure of the Legislature;
creating power, an individual is invested
with some portion of the sovereign ii. Possess a delegation of a portion of the
functions of government, to be exercised sovereign powers of government, to be
by that individual for the benefit of the exercised for the benefit of the public;
public. [Fernandez v. Sto. Tomas (1995)]  There are certain GOCCs which,
though created by law, are not
 A public office is the right, authority delegated with a portion of the
and duty created and conferred by law, sovereign powers of the
by which for a given period, either fixed government (those that are purely
by law or enduring at the pleasure of the proprietary in nature), and thus
appointing power, an individual is may not be considered as a Public
invested with some portion of the Office.
sovereign functions of the government,
to be exercised by him for the benefit of iii. Powers conferred and duties imposed
the public. (Mechem) must be defined, directly or impliedly;

iv. Duties must be performed

independently and without the control
Purpose of a superior power other than the law,
UNLESS for duties of an inferior or
 A public office is created to effect the subordinate office that created or
end for which government has been authorized by the Legislature and
instituted which is the common which inferior or subordinate office is
good; placed under the general control of a
superior office or body;
 not profit, honor, or private interest  Defined as unhindered
of any person, family or class of performance.
persons (63 A Am Jur 2d 667)
v. Must have permanence and continuity
 Note: The elements of
Nature permanence and continuity are
dispensable.
1) A public office is a public trust. (Art. XI,  On the dispensability of the element
Sec. 1, 1987 Consti) of permanence: an example is the
public office of the Board of
Philippine Constitution, Art. XI Sec. 1. Canvassers, yet its duties are only
Public office is a public trust. Public officers and for a limited period of time.
employees must, at all times, be accountable to the  On the dispensability of the element
people, serve them with utmost responsibility, of continuance: Mechem in one case
integrity, loyalty, and efficiency; act with states that the most important
patriotism and justice, and lead modest lives. characteristics in characterizing a
position as a public office is the
DELEGATION to the individual of
 lOMoARcPSD|27993080

some of the sovereign functions of government. GENERAL RULE: A public office, being a mere
privilege given by the state, does not vest any
Public Office v. Public rights in the holder of the office. This rule applies
Employment when the law is clear.

 Public employment is broader than EXCEPTION: When the law is vague, the person‟s
public office. All public office is public holding of the office is protected and he should not
employment, but not all public be deprived of his office.
employment is a public office.
 Public employment as a position lacks Public Office is not Property
either one or more of the foregoing A public office is not the property of the public
elements of a public office. (Bernard v. officer within the meaning of the due process
Humble [182 S.W. 2d. 24. Cited by De clause of the non-impairment of the obligation of
Leon, page 8-9]) contract clause of the Constitution.
o created by contract rather than by force of Exceptions:
law
(1) In quo warranto proceedings relating to
the question as to which of 2 persons is
Public Office v. Public Contract entitled to a public office;
(2) In an action for recovery of
Public Public compensation accruing by virtue of the
Office Contract public office.

Creation Incident of Originates Cornejo v. Gabriel

sovereignty from will of
contracting  Due process is violated only if an office
parties is considered property. However, a
public office is not property within the
Object Carrying out of Obligations constitutional guaranties of due
sovereign as imposed only process. It is a public trust or agency. As
well as upon the public officers are mere agents and not
governmental persons who rulers of the people, no man has a
functions entered into proprietary or contractual right to an
affecting even the contract office. Every officer accepts office
persons not pursuant to law and holds office as a
bound by the trust for the people whom he
contract represents.

Subject Tenure, Limited

Matter duration, duration Abeja v. Tanada
continuity
 Public office being personal, the death
Scope Duties that Duties are very of a public officer terminates his right
are generally specific to the to occupy the contested office and
continuing contract extinguishes his counterclaim for
and damages. His widow and/or heirs
permanent cannot be substituted in the
counterclaim suit.
Where duties The law Contract
are defined
Creation of Public Office

No vested right to public office Modes

 by the Constitution
 by statute / law
 lOMoARcPSD|27993080

 by a tribunal or body to which the power programs. slow in

to create the office has been delegated responding to
issues and
problems.
Scope and Extent of Power of legislature
Modification and Abolition GENERAL
GENERAL RULE: The creation of a public office is RULE: The power to create an
primarily a legislative function. office includes the power to modify or abolish it.
(i.e., this is generally a legislative function)
Exceptions:
EXCEPTIONS:
 where the offices are created by
(1) Where the Constitution prohibits such
the Constitution;
modification / abolition;
 where the Legislature delegates such
(2) Where the Constitution gives the people the
power.
power to modify or abolish the office;

Delegation of power to create Q: Is Abandonment equivalent to Abolition?

public office  A: When a public official voluntarily
accepts an appointment to an office
Q: What is the effect where an office is created newly created by law -- which new office
pursuant to illegally delegated powers? is incompatible with the former -- he
A: The office would have no existence. will be considered to have abandoned
his former office.
 The President„s authority to  Except when the public official is
"reorganize within one year the constrained to accept because the non-
different executive departments, acceptance of the new appointment
bureaus and other instrumentalities of would affect public interest. (no
the Government" in order to promote abandonment) [Zandueta v. De La
efficiency in the public service is limited Costa (1938)]
in scope and cannot be extended to
other matters not embraced therein. Estoppel to deny existence of office
[UST v. Board of Tax Appeals (1953)] Q: When is a public officer estopped from denying
that he has occupied a public office?
Note: No law shall be passed increasing the  A: When he has acted as a public
appellate jurisdiction of the Supreme Court as officer, esp. where he has received public monies by
provided in this Constitution without its advice virtue of his office.
and concurrence. [Art. VI, sec. 30, 1987
Constitution]
II. Public Officer

Methods of Organizing Public Definition:

Offices  A public officer is one who performs
public functions / duties of government
Method Composition Efficiency by virtue of direct provision of law,
Single-Head One head Swifter popular election, or appointment by
assisted by decision and competent authority. His duties involve
subordinates. actions but the exercise of discretion in the
may performance of the functions of the
sometimes be government, and are not of a merely
hastily made. clerical or manual nature. (See Sec. 2
Board System Collegial body in Mature studies (14), E.O. 292)
formulating and
polices and deliberations Administrative Code, Sec. 2.(14) The term
implementing but may be officer includes any government employee,
agent, or body authorized to exercise
 lOMoARcPSD|27993080

governmental power in performing particular

acts or functions.

Revised Penal Code Art 203. Who are public

officers—for the purpose of applying the
III. Classification of Public
provisions of this and the preceding titles of this Office and Public
book, any person who, by direct provision of the Officers
law, popular election or appointment by
competent authority, shall take part in the
performance of public functions in the Creation Constitutional
Government of the Philippine Islands, or shall Statutory
perform in said Government or in any of its Public Body Served National
branches public duties as an employee, agent or Local
subordinate official of any rank or class, shall be Department of Legislative
deemed to be a public officer. government to which Executive
their functions pertain Judicial
Nature of Functions Civil
Who are not considered public Military
officers? Exercise of Judgment Quasi-judicial
· Special policemen salaried by a private or Discretion Ministerial
entity and patrolling only the premises Legality of Title to De Jure
of such private entity (Manila office De Facto
Terminal Co. v. CIR); Compensation Lucrative
Honorary
· Concession forest guards
(Martha Lumber Mill v.
Lagradante); B. Modes of Acquiring Title to
Public Office
· Company cashier of a private
corporation owned by the
government (Tanchoco v. GSIS) Modes of Commencing Official
Relation

1. Election
May a person be compelled to a. Selection or designation by popular vote.
accept a public office?
2. Appointment
GENERAL RULE: NO. Designatio Appointmen
n t
EXCEPTIONS: Definition Imposition of Appointing
1) When citizens are required, under additional authority
conditions provided by law, duties upon selects an
2) to render personal military or civil existing office individual who
service (Sec. 4, Art. II, 1987 will occupy a
Const.); certain public
3) When a person who, having been office
elected by popular election to a public
office, refuses without legal motive to be
sworn in or to discharge the duties of Extent of Limited Comprehensiv
said office (Art. 234, RPC; Note: the Powers e
penalty shall be either arresto mayor, or
a fine not exceeding P 1,000.00, or Security of No Yes
both) tenure?

Is …a 2nd …a 2nd
prior/1st designated appointive
 lOMoARcPSD|27993080

office position is position is  is constitutionally

abandone assumed? assumed? guaranteed security of
d when… NO Usually YES tenure
ii. (Duration) until lawful termination.
iii. Note: Conditional appointments
are not permanent.
 Political. Appointment is generally a
political question so long as the
appointee fulfills the minimum b. Temporary
qualification requirements prescribed i. an acting appointment;
by law. ii. the temporary appointee NEED
NOT be qualified or eligible;
 Vacancy for Validity. For the iii. (No Security of Tenure) revocable at
appointment to be valid, the will: just cause or valid
position must be vacant [Castin v. investigation UNNECESSARY;
Quimbo (1983)] 1. an “acting” appointment is a
temporary appointment and
 The power to appoint is intrinsically revocable in character.
an executive act involving the exercise [Marohombsar v. Alonto (1991)]
of discretion. [Concepcion v. Paredes iv. A temporary appointee is like
(1921)] a designated officer ¡V they:
 occupy a position in an
 The President„s power to appoint under acting capacity and
the Constitution should necessarily  do not enjoy security of tenure.
have a reasonable measure of freedom, [Sevilla v. CA (1992)]
latitude, or discretion in choosing
appointees. [Cuyegkeng v. Cruz (1960)] II. Steps in Appointment
Process
 Where only one can qualify for the For Appointments requiring confirmation
posts in question, the President is  Regular Appointments (NCIA)
precluded from exercising his discretion 1. President nominates.
to choose whom to appoint. Such 2. Commission on Appointments
supposed power of appointment, sans confirms.
the essential element of choice, is no 3. Commission issues appointment.
power at all and goes against the very 4. Appointee accepts.
nature of appointment itself. [Flores v.
Drilon (1993)]  Ad-Interim Appointments (NIAC)
1. President nominates.
2. Commission issues appointment.
3. Others: 3. Appointee accepts.
a. Succession by operation of law; 4. Commission on Appointments confirms.
b. Direct provision of law, e.g. ex-officio
officers For Appointments Not Requiring Confirmation
(AIA)
C. Modes and Kinds of 1. Appointing authority appoints.
2. Commission issues appointment.
Appointment 3. Appointee accepts.

I. Classification of Note: If a person is appointed to the career

Appointments service of the Civil Service, the Civil Service
a. Permanent Commission must bestow attestation.
i. The permanent appointee:
 must be qualified Designation v. Appointment
Designation Appointment
 must be eligible
Definition Imposition of Selection of an
 lOMoARcPSD|27993080

Regular: additional individual to

duties upon
 made by the President occupy ais in session after the nomination is confirmed by the
while Congress
Commission ofanAppointments,
existing certain public until the end of the term.
and continues
office office by one
Ad interim: authorized by
law to make  made while Congress is not in session,
such selection before confirmation by the Commission
Extent of Limited Comprehensive on Appointments; immediately
Powers effective and ceases to be valid if
Security of No. Yes. disapproved or bypassed by the
tenure? Commission on Appointments. This is a
When deemed Assumption of Assumption of a permanent appointment and it being
abandonment a designated 2nd appointive subject to confirmation does not alter
of prior office position is not position is its permanent character.
deemed usually deemed
abandonment abandonment
of the 1st of the first
position office. IV. Discretion of Appointing
Official
III. Presidential Appointees
Presumed.
Who can be nominated and appointed only  Administrators of public officers,
WITH the Commission on Appointments¡¦ primarily the department heads should
consent? (Art. VII, Sec. 16, 1987 Const.) be entrusted with plenary, or at least
sufficient, discretion. Their position
 Heads of the executive departments; most favorably determines who can best
 Ambassadors; fulfill the functions of a vacated office.
 Other public ministers and consuls; There should always be full recognition
 Officers of the armed forces from of the wide scope of a discretionary
the rank of colonel or naval captain; authority, UNLESS the law speaks in
 Other officers whose appointments are the most mandatory and peremptory
vested in him by the Constitution, tone, considering all the circumstances.
including Constitutional [Reyes v. Abeleda (1968)]
Commissioners (Art. IX-B, Sec. 1 (2) for
CSC; Art. IX-C, Sec. 1 (2) for Discretionary Act.
COMELEC; Art. IX-D, Sec. 1 (2) for  Appointment is an essentially
COA). discretionary power. It must be
performed by the officer in whom it is
vested, the only condition being that
Who can the President appoint WITHOUT CA‟s the appointee should possess the
approval? qualifications required by law. [Lapinid
 All other officers of the government v. CSC (1991)]
whose appointments are not
otherwise provided for by law;  Promotion of “next-in-rank” career
 Those whom he may be authorized officer is not Mandatory. The appointing
by law to appoint; authority should be allowed the choice
 Members of the Supreme Court; of men of his confidence, provided they
 Judges of lower courts; are qualified and eligible.
 Ombudsman and his
 Note: When abused, use Mandamus.
o Where the palpable excess of
deputies Kinds of Presidential authority or abuse of discretion in

Appointments
 lOMoARcPSD|27993080

refusing to issue promotional appointment would

lead to manifest injustice, mandamus will lie to
compel the appointing authority to issue said
appointments. [Gesolgon v.
Lacson (1961)]
D. Eligibility and
Qualification
Requirements
V. Effectivity of Appointment
Eligibility, which is the term usually used in
Q: When does an appointment take effect? reference to the Civil Service Law, refers to the
endowment / requirement / accomplishment that
o A: Immediately upon its
fits one for a public office.
issuance by the appointing authority. (Rule
V, Sec. 10, Omnibus Rules). Qualification generally refers to the endowment
/ act which a person must do before he can occupy
VI. Effects of a Complete, a public office.
Final and Irrevocable
Appointment Power to Prescribe Qualifications GENERAL
RULE: Congress is empowered to
GENERAL RULE: An appointment, once made, is prescribe the qualifications for holding public
irrevocable and not subject to reconsideration. office, subject to the following restrictions:

Qualification: Where the assent, confirmation, or  Congress cannot exceed

approval of some other its constitutional powers;
officer or body is needed before the appointment
may be issue and be deemed complete.  Congress cannot impose conditions
of eligibility inconsistent with
Exceptions: constitutional provisions;
(1) When the appointment is an absolute
nullity (Mitra v. Subido);  The qualification must be germane to
(2) When there is fraud on the part of the position ("reasonable relation"
the appointee (Mitra v. Subido); rule);
(3) Midnight appointments
 Congress cannot prescribe
A completed appointment vests a legal right. It qualifications so detailed as to
cannot be taken away EXCEPT for cause, and practically amount to making an
with previous notice and hearing (due process). appointment. (Legislative appointments
are unconstitutional and therefore void
Midnight appointments for being a usurpation of executive
power.);
 A President or Acting President is
prohibited from making appointments  Where the Constitution establishes
2 months immediately before the next specific eligibility requirements for a
presidential elections and up to the end particular constitutional office, the
of his term. (Art. VII, Sec. 15, 1987 constitutional criteria are exclusive,
Const.) and Congress cannot add to them
o Exception: Temporary except if the Constitution expressly or
appointments to executive positions when impliedly gives the power to set
continued vacancies therein will prejudice public qualifications.
service or endanger public safety.

Q: What legislative enactments are tantamount to

legislative appointments?
 A: Extensions of the terms of office of
the incumbents;
 The People's Court Act, which provided
that the President could designate
Judges of First Instance, Judges-at-large
of First Instance or Cadastral Judges to
 lOMoARcPSD|27993080

sit as substitute Justices of the Supreme Court in · 40 years old on day of election
treason cases without them necessarily having to · resident of the Philippines for at least
possess the required constitutional qualifications 10 yrs immediately preceding
of a regular Supreme Court Justice. (Vargas v. election day
Rilloraza);
 A proviso which limits the choices of the b) Senator (Sec. 3, Art. VI, Constitution)
appointing authority to only one · Natural-born citizen
eligible, · 35 years old on day of election
e.g. the incumbent Mayor of Olongapo City · able to read and write
(Flores v. Drilon); · registered voter
 A legislative enactment abolishing a · resident of the Philippines for not less
particular office and providing for than two years immediately
the automatic transfer of the preceding election day
incumbent officer to a new office
created (contemplated in Manalang c) Congressmen (Sec. 6, Art. VI, Constitution)
v. Quitoriano); · Natural-born citizen
 A provision that impliedly prescribes · 25 years old on day of election
inclusion in a list submitted by the · able to read and write
Executive Council of the Phil. Medical · registered voter in district in which
Association as one of the qualifications he shall be elected
for appointment; and which confines · resident thereof for not less than
the selection of the members of the one year immediately preceding
Board of Medical Examiners to the 12 election day
persons included in the list (Cuyegkeng
v. Cruz) ; d) Supreme Court Justice
· Natural born citizen
· at least 40 years old
Time of Possession of Qualifications · 15 years or more a judge or engaged
in law practice
Q: When must the qualifications be possessed? · of proven CIPI (competence, integrity,
 A: Where the time is specified probity and independence)
by the Constitution or law:
o At the time specified. e) Civil Service Commissioners (Sec. 1 [1], Art. IXB.
Constitution)
Where the Constitution or law is silent: · Natural-born citizen
There are 2 views: · 35 years old at time of appointment
(1) qualification must be at the time of · proven capacity for
commencement of term or public administration
induction into office; · not a candidate for any elective
(2) qualification / eligibility must exist at position in elections
the time of the election or immediately preceding
appointment appointment
* Eligibility is a continuing nature, and must f) COMELEC Comm. (Sec. 1[1], Art. IXC)
exist throughout the holding of the public · Natural-born citizen
office. Once the qualifications are lost, then the · 35 years old at time of appointment
public officer forfeits the office. · college degree holder
· not a candidate for elective position
Eligibility is Presumed in election immediately preceding
 IN FAVOR of one who has been appointment
elected or appointed to public office. · chairman and majority should be
 The right to public office should be members of the bar who have been
strictly construed against engaged in the practice of law for
ineligibility. at least 10 years (See Cayetano v.
 (De Leon, 26) Monsod)

Qualifications usually prescribed

a) ident (Sec. 2, Art. VI, Constitution) Vice
President (Sec. 3, Art. VII, Constitution)
· Natural-born citizen
 lOMoARcPSD|27993080
g) COA Commissioners
· Natural-born citizen
· 35 years old at time of appointment
· CPA with >10 year of
auditing experience or
· Bar member engaged in practice of
law for at least 10 years
· Not have been candidates for
elective position in elections
immediately preceding appointment
Religious Test or Qualification
· No religious test shall be required for
the exercise of civil or political rights.
(Art. III, Sec. 5, 1987 Constitution)
Qualification Standards and
Requirements under the Civil Service
Law
Qualification Standards:
· Express 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. (Sec. 22, Book V, EO 292)
· A statement of the minimum qualifications
of a position which shall include education,
experience, training, civil service eligibility,
and physical characteristics and
personality traits required by the job. (Sec.
2, Rule IV, Omnibus Rules)
· With respect to a particular position,
such qualification standards shall serve
as the basis for the determination by the
appointing authority of the degree of
qualifications of an officer or employee
(ibid);
· Shall be used as basis for civil service
examinations for positions in the career
service, as guides in appointment and
other personnel actions, in the
adjudication of protested appointments, in
determining training needs, and as aid in
the inspection and audit of the agencies'
personnel work programs (ibid);
· Shall be administered in such manner as
to continually provide incentives to
officers
and employees towards professional growth and
foster the career system in the government service
(ibid);
· It shall be the responsibility of the
departments and agencies to establish,
administer and maintain the qualification
standards on a continuing basis as an
incentive to career advancement. (Sec. 7,
Rule IV, Omnibus Rules)
· Their establishment, administration, and
maintenance shall be the responsibility of
the department / agency, with the
assistance and approval of the CSC and in
consultation with the Wage and Position
Classification Office (ibid);
· Whenever necessary, the CSC shall provide
technical assistance to departments and
agencies in the development of their
qualification standards. (Sec. 5, Rule IV,
Omnibus Rules)
· Shall be established for all positions in the
1st and 2nd levels (Sec. 1, Rule IV, Omnibus
Rules);
Political Qualifications for an Office
GENERAL RULE: Political qualifications are not
required for public office.
Exceptions:
(1) Membership in the electoral tribunals of
either the House of Representatives or
Senate (Art. VI, Sec. 17, 1987 Const.);
(2) Party-list representation;
(3) Commission on Appointments;
(4) Vacancies in the Sanggunian (Sec. 45,
Local Government Code)
No Property Qualifications
· Since sovereignty resides in the people, it is
necessarily implied that the right to vote
and to be voted should not be dependent
upon a candidate„s wealth. Poor people
should also be allowed to be elected to
public office because social justice
presupposes equal opportunity for both
rich and poor. [Maguera v. Borra and Aurea
v. COMELEC (1965)]
Citizenship
 Aliens not eligible for public office.
 The purpose of the citizenship
requirement is to ensure that no alien,
 lOMoARcPSD|27993080

i.e., no person owing allegiance to another nation, year after such election. (Art. IX-B Sec. 6)
shall govern our people and country or a unit of 2. Elective officials during their tenure
territory thereof. [Frivaldo v. COMELEC (1996)] are ineligible for appointment or
designation in ANY capacity to ANY
Effect of removal of qualifications during public office or position (Art. IX-B Sec.
the term 7(1))
Q: What happens if the qualification is lost 3. Appointive officials shall not hold any
which the officer is holding office? other governmental position.
 A: The officer must be terminated.
 Unless otherwise allowed by law or his
position„s primary functions (Art. IX-B Sec
Effect of pardon upon the disqualification 7 (2))
to hold public office
GENERAL RULE: A pardon shall not work the
 Note: There is no violation when another
restoration of the right to hold public office. (Art.
office is held by a public officer in an ex
36, Revised Penal Code)
officio capacity (where one can„t receive
compensation or other honoraria anyway),
Exceptions:
as provided by law and as required by the
(1) Where such right to hold public office
primary functions of his office. [ National
is expressly restored by the terms of the
Amnesty Commission v. COA (2004)]
pardon (Art. 36, RPC);
(2) When a person is granted pardon
because he did not commit the offense
imputed to him (Garcia v. Chairman, Public Officer Disqualifications
COA) The President, Vice shall not hold any
President, the other office or
Members of the employment during
Cabinet and their their tenure, UNLESS
deputies or assistants otherwise provided in
the Constitution, (Art.
VII, Sec. 13)
E. Disabilities and Inhibitions
Senator or Member of may not hold during
of Public Officers the House of his term any other
Representatives office or employment
Disqualifications to Hold Public in the Government, or
any subdivision,
Office agency or
instrumentality
 IN GENERAL: Individuals who lack ANY of thereof, including
the qualifications prescribed by the government -owned or
Constitution or by law for a public office are -controlled
ineligible (i.e. disqualified from holding corporations or their
such office). subsidiaries Effect: or
else he forfeits his seat
 Authority: The legislature has the right to Shall also not be
prescribe disqualifications in the same appointed to any office
manner that it can prescribe when such was created
qualifications, provided that the or its emoluments
prescribed disqualifications do not violate were increased during
the Constitution. his term. (Art. VI, Sec
13)
 General Constitutional Disqualifications Members of the shall not be designated
1. Losing candidates cannot be Supreme Court and to any agency
appointed to any governmental office other courts performing quasi-
within one established by law judicial or
 lOMoARcPSD|27993080

administrative 5. Previous tenure of office: for example, an

functions. (Art. VIII, appointed Ombudsman is absolutely
Sec. 12) disqualified for reappointment (Article XI,
Constitution).
Members of the shall not hold any other
Constitutional office or employment 6. Consecutive terms limit:
Commission [during their tenure]. a. Vice-President = 2 consecutive terms
Ombudsman and his (Art. IX- A, Sec. 2) (Art. b. Senator = 2 consecutive terms
Deputies XI, Sec. c. Representative = 3 consecutive terms
8) d. Elective local officials = 3
Members of must not have been consecutive terms (Sec. 8, Art. X,
Constitutional candidates for any Constitution)
Commissions, the elective position in the
Ombudsman and his elections immediately 7. Holding more than one office: to prevent
Deputies preceding their offices of public trust from accumulating in a
appointment (Art IX- single person, and to prevent individuals
B, Sec. 1; Art. IX-C, from deriving, directly or indirectly, any
Sec. 1; Art. IX-D, Sec. pecuniary benefit by virtue of their holding of
1; Art XI, Sec. 8) dual positions.
Members of are appointed to 7-year
Constitutional term, without 8. Holding of office in the private sector.
Commissions, the reappointment (Sec.  Section 7 (b)(1)of RA 6713 considers
Ombudsman and his 1(2) of Arts. IX-B, C, unlawful for public officials and employees
Deputies D; Art. XI, Sec. 11) during their incumbency to own, control,
The President„s spouse shall not be appointed manage, or accept employment as officer
and relatives by during President„s employee, consultant, counsel, broker,
consanguinity or tenure as Members of agent, trustee or nominee in any private
affinity within the the Constitutional enterprise regulated, supervised or
fourth civil degree Commissions, or the licensed by their office unless expressly
Office of the allowed by law.
Ombudsman, or as  Section 7 of RA 6713 also generally provides
Secretaries, for the prohibited acts and transactions of
Undersecretaries, public officials and employees. Subsection
chairmen or heads of (b)(2) prohibits them from engaging in the
bureaus or offices, private practice of their profession during
including government- their incumbency. As an exception, a public
owned-or -controlled official or employee can engage in the
corporations. (Art. practice of his or her profession under the
VIII, Sec. 13) following conditions: first, the private
practice is authorized by the Constitution
or by the law; and second, the practice will
Other Disqualifications not conflict, or tend to conflict, with his or
1. Mental or physical incapacity her official functions.

2. Misconduct or crime: persons convicted of 9. Relationship with the appointing power

crimes involving moral turpitude are  General Rule on Nepotism: The Civil
USUALLY disqualified from holding public Service Decree (PD 807) prohibits all
office. appointments in the national and local
governments or any branch or
3. Impeachment instrumentality thereof made in favor of
the relative of:
4. Removal or suspension from office: not o appointing authority;
presumed -> non-imposable when such o recommending authority;
ineligibility is not constitutional or statutory o chief of the bureau office; or
declared. o person exercising immediate
supervision over the
appointee
 lOMoARcPSD|27993080

 Relative: related within the third degree of substitute / expressly

either consanguinity or of affinity. delegate has requires the
 Exceptions to rule on nepotism: been given act to be
o persons employed in a performed by
confidential capacity the officer in
o teachers person and /
o physicians or prohibits
o members of the Armed Forces of the such
Philippines delegation
When is Only if the duty In all cases.
10. Under the Local Government Code (sec. 40) mandamus to do something
a. Sentenced by final judgment for an proper? has been
offense involving moral turpitude or delayed for an
for an offense punishable by 1 year or unreasonable
more of imprisonment, within 2 years period of time.
after serving sentence;
b. Removed from office as a result of an Is public Generally not Liable if duty
administrative case; officer liable? liable exercised
c. Convicted by final judgment for Exceptions: if contrary to the
violating the oath of allegiance to there is fraud or manner
the Republic; malice prescribed by
d. Dual citizenship; law.

F. Powers and Duties of

Public Officers As to the Relationship of the
Officer to his subordinates

Discretionary Ministerial a. Power of Control

Definition Acts which Acts which o It implies the power of an officer to
require the are performed manage, direct or govern, including
exercise of in a given the power to alter or modify or set
reason in state of facts, aside what a subordinate had done in
determining in a the performance of his duties and to
when, where, prescribed substitute his judgment for that of the
and how to manner, in latter.
exercise the obedience to
power the mandate b. Power of Supervision
of legal o Supervisory power is the power of mere
authority, oversight over an inferior body which
without does not include any restraining
regard to or authority over such body.
the exercise of o A supervising officer merely sees to it
his own that the rules are followed, but he
judgment himself does not lay down such
upon the rules, nor does he have the discretion
propriety or to modify or replace them.
impropriety
of the act Source of Powers and Authority
done (Lamb  Under our political system, the source of
v. Phipps)
governmental authority is found in the
Can be Generally, NO. Generally, people. Directly or indirectly through their
delegated? YES. chosen representatives, they create such
Exception: offices and agencies as they deem to be
When the Exception:
desirable for the administration of the public
power to When the law
 lOMoARcPSD|27993080

functions and declare in what manner and by particularly where rights of individuals may be
what persons they shall be exercised. jeopardized by his neglect.
 The right to be a public officer, then, or to
exercise the powers and authority of a public e. As to choice and supervision of subordinates
office, must find its source in some  It is the duty of a public officer
provision of the public law. having an appointing power to make
 The government itself is merely an agency the best available appointment.
through which the will of the state is  The degree of care required in selecting
expressed and enforced. Its officers subordinates must depend upon the
therefore are likewise agents entrusted nature of the work to be performed
with the responsibility of discharging its and the circumstances of each case.
functions. As such there is no presumption
that they are empowered to act. There must f. Ethical duties
be a delegation of such authority, either
 Every public officer is bound to perform
express or implied. In the absence of a valid
the duties of his office honestly,
grant, they are devoid of power. What they
faithfully and to the best of his ability,
do suffers from a fatal infirmity. [Villegas v.
in such a manner as to be above
Subido (1969)]
suspicion of irregularities, and to act
primarily for the benefit of the public.
Duties of Public Officers  As to outside activities: It is the duty of
1. Duties as Trustees for the Public public officers to refrain from outside
a. To obey the law activities which interfere with the
 It is the duty of an officer to obey the proper discharge of their duties
general laws and the laws which
prescribe the duties of his office, and 2. Duty to make public disclosure of statements
a public officer has no power to vary of assets and liabilities
or waive any statutory law.  Public officials and employees have an
 As a general rule, a public officer obligation under the Code of Conduct
must obey a law found on the statute and Ethical Standards for Public
books until its constitutionality is Officials and Employees to accomplish
judicially passed upon in a proper and submit declarations under oath
proceeding. of, and the public has the right to
know, their assets, liabilities, net
b. To accept and continue in office. worth and financial and business
 It is the duty of every person having the interests including those of their
requisite qualifications, when elected or spouses and of unmarried children
appointed to a public office, to accept under 18 years of age living in their
it. The theory is that the public has the household.
right to command the services of any
citizen in any official position which it 3. Transparency of transactions and access to
may designate. information

c. To accept the burden of office.

 One who accepts a public office does so
G. Rights of Public Officers
with the burden, and is considered as 1. Rights incident to public office.
accepting its burdens and obligations  The rights of one elected or
with its benefits. He thereby subjects appointed to office are, in general,
himself to all constitutional and measured by the Constitution or the
legislative provisions relating thereto law under which he was elected or
and undertakes to perform all the appointed.
duties of the office. 2. Rights as a citizen.
 Protection from publication
d. As to diligence and care.
commenting on his fitness and the
 Every public officer is bound to use
reasonable skill and diligence in like the mere fact that one occupies a
the performance of his official public office does not deprive him of
duties,
 lOMoARcPSD|27993080

the protection accorded to citizens by the him not by force of any contract but because the
Constitution and the laws. law attaches it to the office.
 However, by reason of the public
character of his employment or Other Rights
office, a public officer is, in 1. Rights under the Constitution
general, held not entitled to the a. Right to self-organization
same protection from publications b. Right to protection of temporary
commenting on his fitness and the employees
like, as is accorded to the ordinary c. Freedom of members of Congress from
citizen. arrest and from being questioned
d. Right not to be removed or
suspended except for cause provided
b. Engaging in certain political and business
by law
activities 2. Rights under the Civil Service Decree and
a. The governmental interest in the New Administrative Code
maintaining a high level service by 3. Next-in-Rank Rule
assuring the efficiency of its employees 4. Personnel Actions
in the performance of their tasks may 5. Rights under the Revised
require public employees to suspend or Government Service Insurance Act
refrain from certain political or 6. Right to Reimbursement and Indemnity
business activities that are embraced 7. Right to Reinstatement and Back Salary
within the constitutional rights of 8. Rights to Property, Devices and Inventions
others, when such activities are
reasonably deemed inconsistent with
their public status and duties. H.Liabilities of Public
Officers
Right to Compensation
b. The power to fix the compensation of g. The liability of a public officer to an
public officers is not inherently and individual or the public is based upon and
exclusively legislative in character. is co-extensive with his duty to the
c. Unless the Constitution expressly or individual or the public. (De Leon, 2008)
impliedly prohibits Congress from doing
so, it may delegate the power to other Three-fold Responsibility of Public
government bodies or officers. Officers (De Leon, 2008)
d. The salary of a public officer may not, by h. A public officer is under a three-fold
garnishment, attachment or order of responsibility for violation of duty or
execution, be seized before being paid to for wrongful act or omission:
him and, appropriated for the payment
o Civil Liability: if the individual is
of his debts. damaged by such violation, the
e. The rationale behind this doctrine is official shall, in some cases, be held
obvious consideration of public policy. The liable civilly to reimburse the
functions and public services rendered by injured party
the State cannot be allowed to be paralyzed o Criminal Liability: if he law has
or disrupted by the diversion of public funds attached a penal sanction, the officer
from their legitimate and specific objects, as may be punished criminally
appropriated by law. [De la Victoria v. o Administrative Liability: such
Burgos, (1995)] violation may also lead to
imposition of fine, reprimand,
Basis of Right to Compensation suspension or removal from office.
f. The relation between an officer and the This administrative liability is
public is not the creation of contract, nor is separate and distinct from the
the office itself a contract. Hence, his right penal and civil liabilities. (Agpalo,
to compensation is not the creation of 2005)
contract. It exists as the creation of law and
belongs to
 lOMoARcPSD|27993080
Preventive Suspension and Back
Salaries
Kinds of Preventive Suspension
a. preventive suspension pending investigation
 The proper disciplining authority may
preventively suspend any subordinate
officer under his authority pending an
investigation, if the charge against such
officer involves dishonesty, oppression
or grave misconduct or neglect in the
performance of duty or if there are
reasons to believe that the respondent
is guilty of the charges which would
warrant his removal from service (De
Leon, 2008)
 No compensation is due for the period of
preventive suspension pending
investigation because such is not a
penalty but only a means of enabling the
disciplining authority to conduct an
unhampered investigation. (De Leon,
2008)
b. preventive suspension pending appeal if the
penalty imposed by the disciplining authority
is suspension or dismissal and, after review,
the respondent is exonerated [Caniete v.
Secretary of Education, (2000)]
 Employees are entitled to compensation
for the period of their suspension
pending appeal if they are found
innocent. Such suspension is actually
punitive so that a public officer should
be reinstated with full pay for the
period of the suspension.
Illegal Dismissal, Reinstatement
and Back Salaries
 Reinstatement and back salary or wages
are separate and distinct reliefs given to an
illegally dismissed official or employee.
 Where an officer was unlawfully removed
and was prevented for a time by no fault of
his own from performing the duties of his
office, it was held that he might recover,
and that the amount that he had earned in
other employment during his unlawful
removal should not be deducted from his
unpaid salary. He may recover the full
amount notwithstanding that during the
period of his removal, the salary has been
paid to another appointed to fill the vacancy
unlawfully created.
 The “no work, no pay” principle does not
apply where it has been sufficiently shown
that a public official was wrongfully
prevented from entering the office and
carrying out his duties
 If the illegal dismissal is found to have been
made in bad faith by the superior officers
then they will be held personally
accountable for back salaries of the illegally
dismissed employee.
 The award of backwages is limited to a
maximum period of 5 years and not to full
back salaries from illegal termination up to
reinstatement [David v. Gania, (2003)]
I. Immunity of Public
Officers
Doctrine of Official Immunity from Liabilities
for Public Officers
 Rationale: promotion of fearless,
vigorous and effective administration of
policies of government.
 It is generally recognized that public
officers and employees would be unduly
hampered, deterred and intimidated in the
discharge of their duties, if those who act
improperly, or even exceed the authority
given them, were not protected to some
reasonable degree by being relieved from
private liability. The threat of suit could also
deter competent people from accepting
public office.
Official Immunity Distinguished from State
Immunity
 The immunity of public officials is a more
limited principle than governmental
immunity since its purpose is not directly to
protect the sovereign, but rather to do so
only collaterally, by protecting the public
official in the performance of his
government function.
 The doctrine of sovereign immunity
principally rested upon the tenuous ground
that the king could do no wrong. It served to
protect the impersonal body politic or
government itself from tort liability.
 Official Immunity serves as a protective
aegis for public officials from tort liability
for damages arising from discretionary acts
or functions in the performance of their
official duties.
 lOMoARcPSD|27993080

 Official Immunity not Absolute warranto);

 A public officer enjoys only qualified, not not
absolute immunity. The protection afforded collaterally
by the doctrine generally applies only to Validity of Valid, subject Valid as to the
activities within the scope of office that are official acts to exceptions public until
in good faith and are not reckless, (e.g., they such time as
malicious or corrupt. were done his title to the
beyond the office is
J. De Facto Officers scope of his adjudged
authority, insufficient.
etc.)
Officer De Jure v. Officer De Facto Entitled to Entitled to
De Jure De Facto Rule on compensation receive
Requisites (1) Existence (1) De jure Compensation as a matter of compensation
of a de jure office; right; only during the
office; time when no
(2) Color of right The principle de jure officer
(2) must possess or general of "no work, is declared;
the legal acquiescence no pay" is not
qualifications by the public; applicable to He is paid only
for the office him. for actual
in question; (3) Actual services
physical rendered by
(3) must be possession of him.
lawfully the office in
chosen to good faith
such office;
De Facto Doctrine

(4) must have Q: What is the de facto doctrine?

qualified
himself to A: It is the principle which holds that a person,
perform the who, by the proper authority, is admitted and
duties of such sworn into office is deemed to be rightfully in such
office office until:
according to (a) by judicial declaration in a
the mode proper proceeding he is ousted
prescribed by therefrom; or
law. (b) his admission thereto
Basis of Right: he has Reputation: is declared void.
Authority the lawful Has the
right / title to possession Q: What is the purpose for the doctrine?
the office and performs
the duties A: It is to ensure the orderly functioning of
under color of government. The public cannot afford to check the
right, without validity of the officer's title each time they transact
being with him.
technically
qualified in all De Facto Officer defined
points of law
to act. Q: When is a person a de facto officer?
How ousted Cannot be
ousted. Only by a A: Where the duties of the office are exercised under
direct any of the following circumstances:
proceeding
(quo (1) Without a known appointment or election,
but under such circumstances of reputation or
 lOMoARcPSD|27993080

acquiescence as were calculated to induce people,

adjudged proceeding
without inquiry, to submit to or invoke his action,
insufficient (unless and
supposing him to the be the officer he assumed to
until he
be; or
continues to
act for so long
(2) Under color of a known and valid appointment
a time as to
or election, but where the officer has failed to
afford a
conform to some precedent requirement or
presumption
condition (e.g., taking an oath or giving a bond); of his right to
act)
(3) Under color of a known election or
Rule on Entitled to Not entitled to
appointment, void because:
compensation receive compensation
a. the officer was not eligible;
compensation at all.
b. there was a want of power in the
only during
electing or appointing body;
the time when
c. there was a defect or irregularity in
no de jure
its exercise;
officer is
declared;
*such ineligibility, want of power, or defect being
unknown to the public. He is paid
only for actual
(4) Under color of an election or an appointment by services
or pursuant to a public, unconstitutional law, rendered by
before the same is adjudged to be such. him.
Note: Here, what is unconstitutional is not the
act creating the office, but the act by which the
officer is appointed to an office legally existing. Q: Can an intruder / usurper ripen into a de
(Norton v. County of Shelby) facto officer?
A: Yes. With the passage of time, a presumption
may be created in the minds of the public that the
Officer De Facto v. Intruder intruder has a right to act as a public officer.

De Facto Intruder Q: Is good faith a factor in the ripening of

Nature Officer under One who takes intruder status into de facto status?
any of the 4 possession of A: Yes. HOWEVER, it must be noted that the
circumstances an office and good faith must be on the part of
discussed undertakes to the public; not on the part of the intruder.
under Part II act officially
(above). without any Elements of a De Facto Officership
authority, (1) De jure office
either actual (2) Color of right or general acquiescence by the
or apparent public;
Basis of Color of right (3) Actual physical possession of the office in good
authority or title to None. He has faith. Note: This is not absolutely true. An
office neither lawful intruder / usurper may ripen into a de facto
title nor color officer.
of right or title
to office. Liabilities of De Facto Officers
 A de facto officer generally has the
Validity of Valid as to the Absolutely same degree of liability in
"official" acts public until void; they can accountability for official acts like a de
such time as be impeached jure officer.
his title to the at any time in  The de facto officer may be liable for all
office is any imposable penalties for ANY of the
following acts:
 lOMoARcPSD|27993080
o usurping or unlawfully holding office;
o exercising the functions of public
office without lawful right;
o ineligibility for the public office
as required by law
 The de facto officer cannot excuse
responsibility for crimes committed in
his official capacity by asserting his de
facto status.
Right to Compensation of De Facto
Officer
GENERAL RULE.
 None. A de facto officer cannot sue for
the recovery of salary, fees or other
emoluments attached to the office, for
the duties he has performed. His acts, as
far as he himself is concerned, are void.
(63A Am. Jur. 2d 1094-1095)
 The rightful incumbent may recover
from the de facto officer the salary
received by the latter during his
wrongful tenure, even though he entered
into the office in good faith and under
color of title.[ Monroy v CA (1967)
EXCEPTIONS
 Where there is no de jure public officer,
the officer de facto who in good faith has
had possession of the office and has
discharged the duties pertaining thereto
is legally entitled to the emoluments of
the office. [Monroy v. CA [1967])
K. Termination of Official
Relation
1. Expiration of the 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 ipso
facto cease
 Term of office means the time during
which the officer may claim to hold the
office as of right and fixes the interval
after which the several incumbents
shall
succeed one another. It is a fixed and definite
period of time to hold office, perform its
functions and enjoy its privileges and
emoluments until the expiration of said period
 Tenure of office represents the
period during which the incumbent
actually holds office.
2. Reaching the age limit (retirement)
 This mode results in the compulsory
and automatic retirement of a public
officer.
3. 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.
The public official cease to hold office
upon his death and all his rights, duties
and obligations pertinent to the office are
extinguished
 Permanent disability covers both physical
or mental disability.
4. Resignation
 Resignation is the formal renunciation or
relinquishment of a public office. It implies
an expression by the incumbent in some
form, express or implied, of the intention to
surrender, renounce and relinquish his right
to the office and its acceptance by
competent and lawful authority.
 To constitute resignation of public office,
there must be an intention to relinquish a
part of the term, accompanied by the act
of relinquishment.
 A written resignation, delivered to the
board or officer authorized to receive it and
fill the vacancy thereby created, is prima
facie, but not conclusive evidence of the
intention to relinquish the office.
5. Acceptance of an incompatible office
 It is contrary to the policy of the law that
the same individual should undertake to
perform inconsistent and incompatible
duties.
 One who, while occupying one office,
accepts another incompatible with the first,
ipso facto, absolutely vacates the first office.
 When Incompatible
 Incompatibility is to be found in the
character of the offices and their relation
to
 lOMoARcPSD|27993080
each other, in the subordination of one to the
other and in the nature of the functions and duties
which attach to them
 It exists where:
o There is conflict in such duties and
functions, so that the performance of
the duties of one interferes with the
performance of the duties of the other as
to render it improper from
consideration of public policy for one
person to retain both
o One is subordinate to te other and is
subject in some degree to its
supervisory power for obviously in such
a situation, the design that one acts as a
check on the other would be frustrated
o The Constitution of the law itself
declares the incompatibility even
though there is no inconsistency in the
nature and functions of the offices
6. Abandonment of office
 Abandonment means 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.
7. Prescription of right to office
 Under the Rules of Court, quo warranto is
the proper remedy against a public officer
for is ouster from office which should be
commenced within one year after the cause
of such ouster or the right of the plaintiff to
hold such office or position arose;
otherwise, the action will be barred
 Rationale for the one year period: Title to
public office should not be subjected to
uncertainties but should be determined
as speedily as possible.
8. Removal
 Removal entails the ouster of an
incumbent before the expiration of his
term. It implies that the office exists after
the ouster.
 Removal from office may be express
or implied.
9. Impeachment
 Impeachment has been defined as a method
of national inquest into the conduct of
public men.
 Its purpose is to protect the people from
official delinquencies or malfeasances. It
is
primarily intended for the protection of the State,
not for the punishment of the offender.
 The President, the Vice-President, the
Members of the Supreme Court, the
Members of the Constitutional
Commissions, and the Ombudsman may be
removed from office on impeachment for,
and conviction of, culpable violation of the
Constitution, treason, bribery, graft and
corruption, other high crimes, or betrayal
of public trust. All other public officers and
employees may be removed from office as
provided by law, but not by impeachment.
(Sec. 2, Art. XI, Constitution)
 The House of Representatives has the sole
power to initiate all cases of impeachment
while the Senate sits as a court for the trial
of impeachment cases. Judgment in cases
of impeachment shall not extend further
than removal from office and
disqualification to hold any office under the
Republic of the Philippines, but the party
convicted shall nevertheless be liable and
subject to prosecution, trial, and
punishment, according to law. (Sec. 3, Art.
XI, Constitution)
10. Abolition of office
 As a general rule, Congress may abolish any
office it creates without infringing upon the
rights of the officer or employee affected.
Such power may be exercised at any time
and even while the office is occupied by a
duly elected or appointed incumbent.
Absent any constitutional prohibition, an
office created by Congress may be abolished
by it during the term of the incumbent.
 The fundamental principle afforded to civil
service employees against removal ―except
for cause as provided by law‖ does not
protect them against abolition of the
positions held by them in the absence of
any other provision expressly or impliedly
prohibiting abolition thereof. [Castillo v.
Pajo, (1958)]
11. Conviction of a crime
 When the penalties of perpetual or
temporary absolute disqualification or
penalties of perpetual or temporary special
disqualification are imposed upon
conviction of a crime, termination of
official relation results, for one of te effects
of the
 lOMoARcPSD|27993080

imposition of said penalties is the deprivation

of the public office which the offender may
Ombudsman
have held. Disciplinary Power Over Public Officers
 Conviction means conviction in a trial court.  The Office of the Ombudsman has
It contemplates a court finding guilt beyond disciplinary authority over all elective
reasonable doubt followed by a judgment and appointive officials of the
upholding and implementing such finding. government and its subdivisions,
instrumentalities and agencies,
including Members of the Cabinet,
12. Recall local government, government-owned
 Through recall, an elective official may be or controlled corporations and their
removed at any time during his term by subsidiaries. (Sec. 21, RA 6770)
the vote of the people at an election called  The disciplinary power of the
for such purpose or at a general election. Ombudsman is not exclusive but
is shared with other disciplinary
authorities of the government.
L. Accountability of Public  The disciplinary power of the
Officers Ombudsman over elective officials is
concurrent with the power vested in
the officials specified in the Local
Impeachment Government Code of 1991. [Hagad v.
Dozo-Dadole, (1995)]
 Impeachment has been defined as ―a
criminal proceeding against a public Exceptions to Ombudsman’s Disciplinary
officer, before a quasi-judicial political Power
court, instituted by written accusation  The Ombudsman has no disciplinary
called “articles of impeachment”. (Agpalo, power over the following (Sec. 21, RA
2005) 6770):
1. Officials who may be removed only
 Its purpose is to protect the people from by impeachment
official delinquencies or malfeasances. It is
2. Members of Congress
primarily intended for the protection of the
State, not for the punishment of the 3. Members of the Judiciary
offender. The penalties attached to
impeachment are merely incidental to the
primary intention of protecting the people Sandiganbayan
as a body politic. (De Leon, 2008)
Exclusive Original Jurisdiction over
 Grounds (Sec. 2, Art. XI, Constitution) a. violations of R.A. No. 3019 and No. 1379
1. culpable violation of the Constitution b. crimes committed by public officers
2. treason and employees embraced in Title VIII
3. bribery of the Revised Penal Code
4. graft and corruption c. other offenses or felonies (whether
5. other high crimes simple or complexed with other crimes)
committed by public officers and
6. betrayal of public trust employees in relation to their office,
where the penalty prescribed by law is
 The acts which are impeachable grounds higher than prision correccional or
must be committed in the performance imprisonment for six (6) years, or a fine
of the official„s public office. (Agpalo, of P6,000; and
2005) d. Civil and criminal cases filed
pursuant to and in connection with
 No impeachment proceedings shall be Executive Orders No. 1,2, 14, and 14-a
initiated against the same official more than issued in 1986.
once within a period of one year. (Sec. 3,
Art. XI, Constitution)
 lOMoARcPSD|27993080

Ill Gotten Wealth  All local officials first elected during the
 Ill-gotten wealth means any asset, property, local elections immediately following the
business enterprise or material possession ratification of the 1987 Constitution shall
of any person acquired by himself directly or serve until noon of June 30, 1992;
indirectly through dummies, nominees,  No official shall serve for more than 3
agents, subordinates and/or business consecutive terms for the same
associates by any combination or series of position;
the following means or similar schemes:  Voluntary renunciation of the office for any
o through misappropriation, conversion, length of time is not an interruption in the
misuse, or malversation of public continuity of his service for the full term
funds or raids on the public treasury; for which he was elected.
o by receiving, directly or indirectly,
any commission, gift, share, RA 9164: Synchronized Barangay and
percentage, kickbacks or any other Sangguniang Kabataan Elections (2002)
form of pecuniary benefit from any Sec. 2. Term of Office
person and/or entity in connection
 Term of office of barangay and sangguniang
with any government contract or
kabataan officials: 3 years
project or by reason of the office or
position of the public officer  No barangay elective official shall serve for
concerned; more than 3 consecutive terms in the same
o by the illegal or fraudulent conveyance position
or disposition of assets belonging to the  Reckoned from the 1994 barangay elections
National Government or any of its  Voluntary renunciation of office for any
subdivisions, agencies or length of time shall not be considered as an
instrumentalities or government-owned interruption
or controlled corporations and their
subsidiaries,
o by obtaining, receiving or accepting
directly or indirectly any shares of
stock, equity or any other form of
interest or participation including the
promise of future employment in any
business enterprise or undertaking;
o by establishing agricultural, industrial
or commercial monopolies or other
combinations and/or implementation
of decrees and orders intended to
benefit particular persons or special
interests, or
o by taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly
enrich himself or themselves at the
expense and to the damage and
prejudice of the Filipino people and
the Republic of the Philippines. (Sec. 1,
RA 7080)

M. Term Limits
 All elective local officials, except barangay
officials (Sec. 8, Art. X, Constitution; Sec.
43 LGC)
 Term of office: 3 years from noon of
June 30, 1992 or the date provided by
law