Chapter 2 REQUIREMENTS FOR PUBLIC OFFICE Selection for Public Office A PUBLIC OPFICER is chosen either by appointment or election. In Farias u. The Execute Secretary,’ the Su- preme Court explained— ‘Sabstantal distinctions cleat ext batwetn lective of ‘nls at appainave afc The lonner oeupy tacos ty ‘ite ofthe mandate of the eecnrte. They ne clected to 8 fle fr a defnte ten afd may be reneged herr oly "pn stringent condilons. On the oter haat, apycinve of tins old thet ofc by wrtve of thle designation thereto by a tering atone, Lo pines na oe Ina permanentcapscity and are soi to eur ef tee while there serve atte pleasure ofthe applating msc, “Another substantial ditinetion between te two ses of of ‘elt that ner Section 38, Chapter Bide | Subeeetin ‘Cui Senaee Commission, Book ofthe Administrative Cate of 1967 (Exeetive Order No, 282) oppolnive aft, ny ofcers find explayes in the cl service’ are ail proihted om, {apne ary parts pelea! ety or tae prt in any ‘estion except vote. Under the sume proven, Gece ol ‘al. o ales or employees eiaing pleat woes ae oi ‘usly stress allowed to take part fn politcal and letera 1s appointment, che choice of the public fane- UWonaries is made by the particular offer designated "7 sca so. 10 Fegumaseos roe Posue Orcs u by the Constitution or the law, In election, such {hotce is made by the ensranchised ctzenty through ‘the exercise oftheir suffrages, [Under the Constitution.” the President is autho- ‘ized to appoint the following offcers; (1) Heads of the ecutive departae (2) Smabassadois other Public ministers and consuls, 12) er of he GREED som the rk stele Sr ED Thee fn ese spines axes hin rn 1) alee foes or fremont whose spain aoe pond ef (6) Those whom he may be authorized by law 0 appoint. Among the elective ofictals are the Senators and the members of the House of Representatives? arid the local legislative bodies, including the governors, wice-govemors, mayors, vice-mayors, as well as ba, rangay chairmen and counetimen* Appointment UF tf designatirn Appointment has been defined as the “act of des- ‘gnation by the appointing office, boty or board: to Whom that power has been delegated. of the ind. Midual who 1s to exercise the functions of a given office." It is to be distinguished trom designation ‘Arsiie VI, Section 16 {Constunton, Arte. Sectons 2 and 8 { Repabie Act 7100, Me Leal Government Code of 199) Secuons $85, 24.443 nd 387, "appacv: Cour of Appeals. 127 SCRA 281 tng Meche,12° Te Lawor Pave Omezas ‘which ts simply the mere imposition of new duties on the officer tobe performed by him tn a special mae In the case of Triste v, Leyte State College Board of Trustees the Supreme Court said {fn Binamiia v. Garrucho* the Supreme Court further cared. as follows . ‘Appominent may be deed #8 the sczcttn, by the aw bony wed the power of on wen ceR {he funeion pn fe ‘Aral oe tas of Pub Offices ant Ofer p42. op nel a2 Regumneas ror Pusu Omics 13 fers to 8 specifleé publ eee. That isthe amon under SPP te Pte onset nated and not appubited, the lnpleston if that he shel es e// Sot elowtn eeny fou at i acerages gira deca neces a aha ee se SIRS reyes 1 ts established that a designation does not em title the person designated to security of tenure as he Pecuples the position only in an acting capacity? Moreover. designation does not entail payment ot additional benefits or grant upon the’ person so esignated the right to claim the salary attached to Se Position.” An “acting” appointment Is essentially, 8 temporary appointment which is revocable in chon acter." Indeed, only appointments oF promoliony, and not designations, can be the subject of a protest before the Ciel Service Commission, Desighation, Deing temporary in nature, does not amount to the {ssuance of an appointment, but is a mere imposition of additional duties" ‘The power of appointment is by nature executive ‘nd fs vested by the Constitution in the President of the Philippines, to be exercised by him over the off, cers enumerated therein.” According to the Supreme Court in the Buiamira case, the power of appoints ‘ment, Being discretionary in nature, may esseptelly not be delegated. Thus {sen . court a appeals, 208 Sera eer Netinal Anse Commission. Commision en Audi, <7 sora ses. {LMarohombsar v. Alon, 18 SCRA 258. 1 aplstsanv. Court ofAppeate, 489 SCRA 698. Constton, tile Vi Seton 1614 “Tne Law of Pustic Orneens Apoininens may be detned a the selection, by the Pradent of the Piippins, not by any othe oer “Appote, 2 An ole to whom a dren Ip entre cannot feat onthe, te presumption tein lat Ne ees hose becuse he was deed tant competent 6 cea ‘ite tha judgment unt dserstion. ad unless te pone stele another in his pace hasbeen gen oho he ‘anne egies duis fo note tex ex tee “Inded evn on the assumption thatthe omer confer on he Prskeat could be vai exercised by ne Seeman oe Sl cot ect that act Us e.g am sso te [seco’ of he persnally of the retden mate ence the peuloners ile to the postion in suston The selcares moclusion that Minister Gori” news yet tne ae ok Frida! Agno i tased onan hal the dine ne ana Imes, dusts Laurel stated that dace cess ie ie hank tek csc of iene Ser of tn rahe ‘ted the relaonahp ef the Freie se Peas aad ‘desmamber a he Cabinet a ons "pn SE site and admiistracve orgeieions at ane ofthe Execute Depart the Nee ohh ‘ue certs departments we aeisans and sees the Che Ehesuve ae eaept in eats ere Of Chk se lars tye Smt oy Oe sac puso the expences oie auton demand ari st personly he maiarnas eccaee and aa ie fants ofthe Cet Execute ae penonsey {ouh execute dare, na the ne ‘carts of sits depen pronmed au roe inte tpl ae of ee nn Sap ey or reprobeted ty the Che! Exec, ponent Saeed Enea Presume Routers Foe Pie Orc 16 patltones, Dut it alko ads wha such aces shall be considered {ald only not ‘csapproved or ceproated by the Set Bae Uhe 88 eso happened inte cas bars However, this power is not exclusively presiden- ial. Also by const ion, tt may be exer- ised bythe Suprome Cou antec Committers See pecve adainistatve F 2 sintiar author i avaiabie to ‘Penateas ovr is perunne ur ae alas © trine of separation of powers, When exercised by the President, the appointing Power requires, i certain instances, concurrence be the legislature, in view of the restoration in the 1968 Constitution of the Commission on Appointments [abolished by the 1973 Constitution! which con. femed presidential appointments under the 1935 Constitution.” The pertinent provision of the Constitution" reads as follows he Presiden shall nomunate and, wih the consent ofthe ‘ouuntsion on Appointments, eppunt he heads ef ie cae ee of the Goneninent whase agpointineas ae nat athereig rode fo bylaw. and these whom he may be Gathers oy Jaw to appoint Te Congress may. by lw, wes the apostne ifthe fice lower in rank nthe Pessteal alge ve cous or inthe heals 6 department, agencies, cement br bods “Sconsituton, arte Vi, Seton 5 (6 ‘toi, Arete U8, Section & ‘id, Atle W, Section 16) "1988 Consttauon, are, Section 12 * Consutusen, Arle Va, Section 16