THE LAW ON PUBLIC OFFICERS 4.

Right is personal to him not a property which passes on to his heirs

upon death; cannot be inherited
DEFINITIONS
Public Office, not a Contract
Mechem: A public office is the right, authority, and duty, created and conferred 1. Creates no contractual relation between holder and the public incumbent
by law, by which for a given period, either fixed by law or enduring at the is not under contract as to withdraw his tenure, salary, and the like, from
pleasure of the creating power, an individual is vested with some portion of the the control of the legislature, or to preclude the legislature from
sovereign functions of the government to be exercised by him for the benefit of abolishing the office
the public. The individual so invested is a public officer. 2. Exists by virtue of some law it is not a natural right. It exists only
Admin Code: Public office is a public trust. Public officers and employees must because by virtue of some law expressly or impliedly creating it.
at all times be accountable to the people, serve them with the utmost 3. Generally entitles holder to compensation entitled to compensation for
responsibility, integrity, loyalty and efficiency, act with patriotism and justice, the performance of his public duties when the law attaches it to the office.
and lead modest lives. If no salary is provided, incumbent is presumed to have accepted it
RPC: By election or appointment, a person who takes part in the performance without pay and cannot recover anything for service rendered by him.
of government functions in the government, or performs in the government
public duties as an employee Public Office Contract
As to creation Incident of sovereignty From will of the contracting
PURPOSE and NATURE parties
As to object Carrying out of sovereign Obligations imposed only
For the common good and not for profit, honor, or private interest as well as governmental upon persons who entered
In the interest and for the benefit of the people, and belongs to them functions the same
Extends to all within the range of duties pertaining to his office As to subject Tenure, duration, and Limited in duration and
Public Office, as a Public Trust matter and scope continuity, and the duties specific in objects; terms
1. Regarded as public servants connected therewith, define and limit the rights
2. Subject to highest standards of accountability and service which are generally and obligations of the
1987 CONST Art. 11 Sec. 1: Public office is a public trust. Public officers and continuing and permanent parties; neither may depart
employees must at all times be accountable to the people, serve with utmost therefrom without the
responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, consent of the other
and lead modest lives. Key Every public office may be Every public employment is
considerations an employment not an office
Public Office, not Property Manner of 1. Created by law 1. Created by contract of
1. Subject to removal or suspension according to law not the property of creation and 2. With duties involving employment
the holder; he is not denied due process when the office is abolished nature of duties the exercise of some 2. Lacks one or more
before the expiration of his term; or by removal or suspension according portion of sovereign considerations under
to law; or by passing a statute limiting or reducing his compensation power public office
2. Without vested right in public office no one has a vested right over any 3. Public is concerned
public office he holds, much less a vested right to an expectancy of with the performance
holding office thereof
3. In the nature of privilege entitled to protection when there is a dispute
concerning ones constitutional right to security of tenure, public office is Security of Tenure in Public Office as Property for Purposes of Due Process
deemed analogous to property in a limited sense (due process 1. Implied authority conferred by law must involve exercising some portion
requirements) of the sovereign power of the State in making, executing, or applying the
law to the position of a public office
2. The duties of the office define whether or not one is a public officer, and
the extent of his authority is immaterial
Official acts of a public officer enjoy the presumption of regularity , and the
presumption does not apply when the acts are not within the duties specified by
law, especially when his acts pertain or belong to another entity, agency or
public official.
NLTDRA v. CSC: There is no such thing as a vested interest or an estate in an
office, or even an absolute right to hold it. Except constitutional offices which
provide for special immunity as regards salary and tenure, no one can be said to
have any vested right in an office or its salary. None of the exceptions to this
rule apply to this case.
Elements of a Public Office
1. Created by the Constitution, law, or agency to which the power to create
was delegated
2. Invested with authority to exercise some portion of the sovereign power for
public interest
3. Powers and functions are defined by the Constitution, law, or legislative
authority
4. Duties are performed independently, without control of a superior power
other than the law, unless they are that of the subordinate
5. Continuing or permanent in nature
NOTE: Compensation is not an essential element and is merely incidental to
the nature of a public office
Creation of a Public Office
1. GR: By a Constitutional or statutory provision or by authority conferred
by it
2. By congress except by the Constitution, creation is primarily a legislative
function
a. By exigencies of government, legislature may create and define
new duties
b. When created by the legislature, it may prescribe the mode of
filling the office, powers and duties, abolishment
3. By the President offices in the executive department, Presidents power
of control may justify him to inactivate the functions of a particular office
President has the continuing authority to reorganize the administrative structure
of the OP, including transfer of functions of the other executive department
offices to the OP
Kinds/Classifications
SEC. of DOTC v. MABALOT (Mabalot contends the office was not validly
created because Sec of DOTC made the office)
The elementary rule in administrative law and the law on public officers
is that a public office may be created through any of the following
modes, to wit, either (1) by the Constitution (fundamental law), (2) by
law (statute duly enacted by Congress), or (3) by authority of law.
Congress can delegate the power to create positions. This has been
settled by decisions of the Court upholding the validity of
reorganization statutes authorizing the President to create, abolish or
merge offices in the executive department.
it is as if the President himself carried out the creation and
establishment of LTFRB-CAR Regional Office, when in fact, the
DOTC Secretary, as alter ego of the President, directly and merely
sought to implement the Chief Executives Administrative Order. To
this end, Section 17, Article VII of the Constitution mandates:
The President shall have control of all executive
departments, bureaus and offices. He shall ensure that the laws
be faithfully executed.
By definition, control is the power of an officer to alter or modify or
nullify or set aside what a subordinate officer had done in the
performance of his duties and to substitute the judgment of the former
for that of the latter.
PRECLARO v. SB (idiot avers he was not a public officer because he was
neither an elective nor an appointive official)
Petitioner miscontrues the definition of "public officer" in R.A. No. 3019
which, according to Sec. 2(b) thereof "includes elective and appointive officials
and employees, permanent or temporary, whether in the classified or
unclassified or exemption service receiving compensation, even nominal, from
the government. . . ."
The word "includes" used in defining a public officer in Sec. 2(b) indicates that
the definition is not restrictive. The terms "classified, unclassified or exemption
service" were the old categories of positions in the civil service which have been
reclassified into Career Service and Non-Career Service 11 by PD 807 providing
for the organization of the Civil Service Commission 12 and by the
Administrative Code of 1987.
Non-career service in particular is characterized by
 (1) entrance on bases other than those of the usual test of merit and fitness utilized
for the career service;and (2) tenure which is limited to a period specified by law, or
which is coterminous with that of the appointing authority or subject to his pleasure,
or which is limited to the duration of a particular project for which purpose
employment was made.
The Non-Career Service shall include:
(1) Elective officials and their personal 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.
MANIEGO v. PEOPLE (labourer was put in charge of issuing summons and
subpoenas for traffic violations in the municipal court of Manila)
Petitioner contended the CA erred in regarding him as a public officer,
expounded and discussed several grounds arranged under the following
hearings:
a. The doctrine of "the temporary performance of public functions by a
laborer" should not apply in defendant's case.
b. The overt act imputed on the accused does not constitute a circumstance by
which he may be considered a public official.
c. His appointment as laborer came from one source, while the designation and
delimitation of the functions of his appointment came from another source.
F reorganization carried out by reason of economy or to remove redundancy of
or the purposes of punishing bribery, the temporary performance of public
functions is sufficient to constitute a person a public official. This opinion, it
must be stated, was followed and applied by the Court of Appeals because the
accused, although originally assigned to the preparation of summons and
subpoenas, had been allowed in some instance to prepare motions for dismissal
of traffic cases.
LAUREL v. DESIERTO (whether officers of the National Centennial
Commission were public officers)
The characteristics of a public office include the delegation of sovereign functions, its creation by law
and not by contract, an oath, salary, continuance of the position, scope of duties, and the
designation of the position as an office. However, the most important characteristic which
distinguishes an office from an employment or contract is that the creation and conferring of an office
involves a delegation to the individual of some of the sovereign functions of government, to be exercised by him
for the benefit of the public; that some portion of the sovereignty of the country, either
legislative, executive or judicial, attaches, for the time being, to be exercised for the public benefit.
Unless the powers conferred are of this nature, the individual is not a public officer.
The NCC performs executive functions. The executive power is generally defined as the power to
enforce and administer the laws. It is the power of carrying the laws into practical operation and
enforcing their due observance. The executive function, therefore, concerns the implementation
of the policies as set forth by law. Clearly, the NCC performs sovereign functions. It is, therefore,
a public office, and Laurel, as its Chair, is a public officer. That he allegedly did not receive any
compensation during his tenure is of little consequence. Neither is the fact that the NCC was
characterized by E.O. No. 128 as an ad-hoc body make said commission less of a public office.
FERNANDEZ v. STO TOMAS (judge was asked to retire pursuant to a law
which govt tried to apply retroactively; wins case, life)
Though there is no vested right in an office [*referring to public offices], which may not be
disturbed by legislation, yet the incumbent has, in a sense, a right to his office. If that right is to be
taken away by statute, the terms should be clear in which the purpose is stated.
That security of tenure is an essential and constitutionally guaranteed feature of our
Civil Service System, is not open to debate. The mantle of its protection extends not
only against removals without cause but also against unconsented transfer which, as
repeatedly enunciatEd, are tantamount to removals which are within the ambit of the
fundamental guarantee.However, the availability of that security of tenure necessarily depends, in the
first instance, upon the nature of the appointment.
DARIO v. MISON (reorganization was valid; position was abolished so he was
not illegally dismissed)
At this point, we must distinguish removals from separations arising from
abolition of office (not by virtue of the Constitution) as a result of
functions. In the latter case, the Government is obliged to prove good faith. In
case of removals undertaken to comply with clear and explicit constitutional
mandates, the Government is not hard put to prove anything, plainly and
simply because the Constitution allows it.
MATHAY v. CA (some public officers were appointed temporarily, there was a
change in mayoralty, the new mayor did not renew their appointments)
By ordering petitioner to reinstate private respondents pursuant to Section 3 of
the Ordinance, the Civil Service Commission substituted its own judgment for
that of the appointing power. This cannot be done. In a long line of cases, the
Court has consistently ruled the Civil Service Commissions power is limited to
approving or disapproving an appointment. It does not have the authority to
direct that an appointment of a specific individual be made. Once the Civil
Service Commission attests whether the person chosen to fill a vacant position
is eligible, its role in the appointment process necessarily ends. The Civil Service
Commission cannot encroach upon the discretion vested in the appointing
authority.
ELIGIBILITY and QUALIFICATIONS
Definitions
Eligibility State or quality of being legally fitted or qualified to be chosen. It is
of a continuing nature and must exist both at the commencement and during
occupancy of office.
Eligible legally fitted or qualified to hold an office
Ineligibility lack of the qualifications prescribed by law for holding public
office
Ineligible:
(a) Legally or otherwise disqualified to hold a public office
(b) Disqualified to be elected to an office
(c) Disqualified to hold an office, if elected or appointed
(d) A person disqualified to hold an office
Qualification
(a) endowment or accomplishment that fits one for office
(b) act required by law to be done before entering upon the performance
of duties
Nature of Right to Hold Public Office
1. Not a natural right exists only because and by virtue of some law
creating and conferring it; one must be eligible and must possess the
qualifications prescribed by law; election or appointment of one who is
ineligible or unqualified gives him no right to hold office
2. Not a constitutional right a political privilege which depends upon the
favor of the people, coupled with reasonable conditions for the public
good; he must comply with reasonable, lawful, and non-discriminatory
terms laid down by law
Power of Congress to prescribe qualifications
1. In general
GR: Congress is empowered to prescribe qualifications, which must always have
a rational basis
Exception: When it exceeds it constitutional powers or conditions imposed by
constitutional provisions
2. Where office created by Congress
GR: Congress can set the qualifications and disqualifications
Exception: If it impinges upon any express provision of the Constitution
3. Where office created by the Constitution
GR: Where the Constitution establishes any specific eligibility requirements,
they are exclusive
Exception: If the Constitution expressly or impliedly gives power to set
qualifications
4. Where qualifications prescribed by Constitution
Qualifications are not self-executing. They are mere announcements of general
principles requiring legislation for their enforcement. Where the Constitution
has prescribed certain qualifications, Congress may prescribe additional
qualifications unless it is prohibited.
GR: Congress has the right to provide disqualifications when it has the right to
provide qualifications.
Exception: When the intention of the Constitution is that the disqualifications
shall embrace all that are to be permitted.
Restrictions and Construction
1. Presumption is in favor of the eligibility of the one elected or appointed
2. Basis of presumption constitutional and statutory provisions which tend
to limit the candidacy of any person for public office must be construed in
favor of the right of the voters to exercise their choice, and construed
strictly
3. Rule of liberal construction right to public office must be strictly
construed against ineligibility. The right of a citizen to hold office is the
general rule, ineligibility the exception.
Time of possession of qualifications
1. Where time specified by Constitution and by law necessary qualifications
must be possessed at the time specified by law
2. Where Constitution or law is silent
 a. Eligibility means capacity of holding office Congress a. Natural born
b. Must exist at time of election/appointment b. Registered voter
c. Where provision refers to holding office, qualifications are to be c. At least 25
determined at the commencement of the term d. Able to read and write
3. When qualifications must always exist eligibility must be of a continuing e. Except for party-list representatives, registered
nature, existing at the time of the commencement of the term and during voter in the district he seeks to be elected
occupancy of office f. Resident thereof for not less than 1 year
SC a. Natural born
Particular Qualifications and Disqualifications b. For SC, at least 40
c. For SC, for 15 years or more, (1) a judge in a lower
Qualifications usually required of public officers (1) are continuing court; and (2) engaged in the practice of law in the
requirements; and (2) must be possessed at the time of appointment, election, Philippines
assumption of office, and during the officers entire tenure. Once qualification Chairman and a. Natural born
is lost, title to the office may be reasonably challenged. Commissioners b. At least 35
of the CSC c. Has a proven capacity for public administration
Formal qualifications d. Has not been a candidate for election in the
1. Citizenship aliens not eligible to run for public office unless privilege is elections immediately preceding appointment
extended to them by statute Chairman and a. Natural born
2. Age if candidate lacks age qualification on the day of election, he can be Commissioners b. At least 35
declared ineligible of the Comelec c. With college degree
3. Right to Suffrage d. Has not been a candidate for election in the
4. Residence domicile and residence are synonymous elections immediately preceding appointment
5. Education prescribed when reasonably relates to specialized demands of e. For majority of which, including chairman (1)
the office member of the bar; and (2) engaged at least 10
6. Ability to read and write no constitutional prohibition against such years in the practice of law
imposition especially where there is reasonable relationship to the duties of Chairman and a. Natural born
the position Commissioners b. At least 35
7. Political affiliation Art. 6.17 and 6.18 of COA c. At no time shall all be members of the same
8. Civil service examination to insure that appointments are made only profession, but (1) at least one shall be a CPA with
according to merit and fitness not less than 10 years of auditing experience; and
Constitutionally-prescribed qualifications (2) member(s) of the Philippine bar for at least 10
Office Requirements years, engaged in the practice of law
Pres and VP a. Natural born Chairman and a. Natural born
b. Registered voter members of b. At least 40
c. At least 40 years old on the day of election CHR c. Majority of which are members of the bar
d. Able to read and write OMB a. Natural born
e. Resident of at least 10 years immediately preceding b. At least 40
day of election c. With proven probity and independence
Senators a. Natural born d. Members of the bar
b. Registered voter e. Not a candidate in the election immediately
c. At least 35 preceding appointment
d. Able to read and write f. For OMB, (1) 10 years or more a judge or engaged
e. Resident for not less than 2 years in the practice of law
Office Qualifications Labo claims that he has reacquired his Filipino citizenship by citing his application for
Department a. Citizen of the PH reacquisition of Philippine citizenship filed before the Office of the Solicitor General.
Secretary b. Not less than 25 The Special Committee on Naturalization had yet to act upon said application for
repatriation. In the absence of any official action or approval by the proper authorities,
CA Justice a. Natural born a mere application for repratriation, does not, and cannot, amount to an automatic
b. A person of proven competence, probity, and reacquisition of the applicant's Philippine citizenship.
independence Labo has not submitted in the instant case any evidence, if there be any, to prove his
RTC Judge a. Natural born reacquisition of Philippine citizenship either before this Court or the Comelec. On this
b. At least 35 score alone, there is no grave abuse of discretion committed by respondent Comelec in
cancelling his (Labo's) certificate of candidacy and declaring that he is NOT a Filipino
c. For at least 10 years, (1) engaged in practice of citizen pursuant to the SC ruling in the 1989 case of Labo v. Comelec.
law; or (2) has held public office requiring
The disqualification of Labo does not necessarily entitle petitioner Ortega as the
admission to practice of law candidate with the next highest number of votes to proclamation as the Mayor of
MTC, MeTC, a. Natural born Baguio City
MCTC judge b. At least 30 The ineligibility of a candidate receiving majority votes does not entitle the eligible
c. For at least 5 years (1) is engaged in practice of candidate receiving the next highest number of votes to be declared elected. A minority
law; or (2) has held public office requiring or defeated candidate cannot be deemed elected to the office.
admission to practice of law
FRIVALDO v. COMELEC
Elective Local a. Citizen
Officials b. Registered voter in the place Sec. 39 does not specify any particular date or time when the candidate must possess
citizenship. Elections laws must be construed liberally. So too, even from a literal
c. Resident for at least 1 year construction, it should be noted that Sec. 39 speaks of qualifications of elective
d. Able to read and write Filipino or any local officials, not of candidates. In Vasquez v. Giapand Li Seng Giap & Sons, it was
language or dialect pronounced that citizenship qualification applies to the time of proclamation and at the
e. For Gov, Vice Gov, Sanggunian Panlalawigan, start of the elected officials term.
and HUC, Mayor, Vice, Sangguniang Panlungsod The law intended citizenship to be a qualification distinct from being a voter, even if
at least 21 years old being a voter presumes being a citizen first. The voter requirement was included as
another qualification not to reiterate the need for nationality but to require that the
f. For Punong Barangay, Sangguniang Panlungsod official be registered as a voter in the area or territory he seeks to govern. Frivaldo was
or Bayan at least 18 years old and is a registered voter of Sorsogon and his registration as a voter has been sustained
g. For SK from 15-21 years old only as valid by judicial declaration. He, in fact, has voted in past elections
Members of the a. With good moral character and irreproachable . The rule is that the ineligibility of a candidate receiving majority votes does not
entitle the eligible candidate receiving the next highest number of votes to be declared
Board of Election reputation elected, unless the electorate was fully aware in fact and in law of a candidates
Inspectors b. Good moral character in the place disqualification so as to bring such awareness within the realm of notoriety, would
c. Without pending information for any election nonetheless cast their votes in favor of the ineligible candidate. In such case, the
offense electorate may be said to have waived the validity and efficacy of their votes, in which
d. Never convicted of (a) any election offense; case, the eligible candidate obtaining the next higher number of votes may be deemed
elected (Labo Doctrine). HOWEVER, there has been no sufficient evidence presented
(b)Any other crime punishable by more than 6 to show that the electorate of Sorsogon was fully aware in fact and in law of Frivaldos
months; alleged disqualification.
e. Able to speak and write English or any other local BENGZON v. HRET
dialect Natural-born citizens are those citizens of the PH from birth without having to
perform any act to acquire of prefect his PH citizenship. Naturalized citizens, on the
LABO Jr v. COMELEC other hand, are those who have become PH citizens through naturalization.
Labo was disqualified as a candidate for being an alien. His election does not Cruz reacquired his PH citizenship through repatriation which as distinguished from
automatically restore his Philippine citizenship, the possession of which is an the lengthy process of naturalization simply consists of the taking of an oath of
indispensable requirement for holding public office pursuant to Sec. 39 of the Local allegiance to the PH and registering said oath in the Local Civil Registry where the
Government Code person concerned resides or last resided.
 Repatriation results in the recovery of the original nationality. This means that if he was marriage was actual residence. She did not lose her domicile of origin. The term
originally a natural-born citizen before he lost his citizenship, he will be restored to his residence may mean one thing in civil law (or under the Civil Code) and quite another
former status as a natural-born Filipino. thing in political law. What stands clear is that insofar as the Civil Code is concerned
affecting the rights and obligations of husband and wife the term residence should
The present Constitution enumerates only two kinds of citizens, namely: 1) natural- only be interpreted to mean "actual residence." The inescapable conclusion derived
born, and 2) naturalized. A citizen who is not naturalized necessarily is a natural-born from this unambiguous civil law delineation therefore, is that when petitioner married
Filipino. As Cruz was not required by law to go through naturalization proceedings in the former President in 1954, she kept her domicile of origin and merely gained a new
order to reacquire his citizenship, he is perforce a natural-born Filipino.
home, not a domicilium necessarium.
MERCADO v. MANZANO
That dual citizenship is different from dual allegiance. Dual citizenship is involuntary; it
arises out of circumstances of birth or marriage, where a person is recognized to be a DISQUALIFICATIONS TO HOLD PUBLIC OFFICE
national by two or more states. Dual allegiance is a result of a persons volition; it is a Kinds of disqualifications:
situation wherein a person simultaneously owes, by some positive act, loyalty to two or 1. Mental or physical incapacity
more states 2. Misconduct or crime
It should suffice that upon filing of certificates for candidacy, such persons with dual 3. Impeachment
citizenships have elected their Philippine citizenship to terminate their dual citizenship. 4. Removal or suspension from office
In private respondents certificate of candidacy, he made these statements under oath
on March 27, 1998: I am a Filipino citizenNatural-born. I am not a 5. Previous tenure of office
permanent resident of, or immigrant to , a foreign country. I am eligible for 6. Consecutive terms
the office I seek to be elected. I will support and defend the Constitution of the 7. Holding more than one office
Philippines and will maintain true faith and allegiance thereto The filing of 8. Relationship with appointing power
such certificate of candidacy sufficed to renounce his American citizenship, effectively
removing any disqualification he might have as a dual-citizen
9. Office newly created or the emoluments of which have been increased
Manzanos oath of allegiance, together with the fact he has spent his life here, received 10. Being an elective official
his education here, and practiced his profession here, and has taken part in past 11. Having been a candidate and losing for any elective position
Philippine elections, leaves no doubt of his election of Philippine citizenship. 12. Under the LGC
a. Within 2 years after serving sentence, with a final judgment for
ROMUALDEZ-MARCOS v. COMELEC crimes
Minor follows the domicile of his parents. As domicile, once acquired is retained until a i. Involving moral turpitude
new one is gained, it follows that in spite of the fact of petitioner's being born in ii. Punishable by 1 or more years of imprisonment
Manila, Tacloban was her domicile of origin by operation of law. This domicile was b. Removed from office as a result of an administrative case
established when her father brought his family back to Leyte. c. Convicted by final judgment for violating an oath of allegiance to
the PH
Domicile of origin is not easily lost. To successfully effect a change of domicile, one d. Dual citizenship
must demonstrate e. Fugitive from justice in criminal or non-political cases, here or
An actual removal or change in domicile abroad
Bona fide intention of abandoning the former place of f. Permanent residents of foreign countries
residence and establishing a new one g. Insane or feeble-minded
Acts which correspond with the purpose
In the absence of clear and positive proof based on these criteria, the residence of CLU v. EXEC SEC
origin should be deemed to continue. Only with evidence showing concurrence of all
three requirements can the presumption of continuity or residence be rebutted, for a
change of residence requires an actual and deliberate abandonment, and one cannot
have two legal residences at the same time
It cannot be correctly argued that petitioner lost her domicile of origin by operation of
law as a result of her marriage to the late President Ferdinand Marcos in 1952. A wife
does not automatically gain the husbands domicile. What petitioner gained upon