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Chapter 2 temporary capacity and may be replaced at will by the appointing

Requirements for Public Office authority. In this sense, the designation is considered only an acting
or temporary appointment which does not confer security of tenure on
Selection for Public Office the person named.(Binamira vs. Garrucho)
• designation does not entitle the person security of tenure as he
A public officer is chosen either by appointment or election. occupies the position only in an acting capacity
• designation does not entail payment of additional benefits or grant
Under the Constitution, the President is authorized to appoint the ff. officers: upon the person so designated the right to claim the salary attached
(HAACOL) to the positon
• only appointments or promotions, not designations can be a subject
1. Heads of the executive departments of a protest before the Civil Service Commission
2. Ambassadors, other public ministers and consuls • the power of appointment is by nature executive and is vested by the
3. Officers of the armed forces from the rank of colonel or naval captain Consitution in the President of the Philippines, to be exercised by him
4. Those other officers whose appointments are vested in him by the over the officers enumerated therein
Constitution • the power of appointment being discretionary in nature may
5. All other officers of the government whose appointments are not essentially not be delegated (explanation found in Binamira case)
provided for by law
• Power of appointment is not exclusively presidential. It may be
6. Those whom he may be authorized by law to appoint
exercised by the Supreme Court and the Constitutional Commissions
over their respective administrative personnel even as similar
Elective officials: Senators, members of HR and local legislative bodies
authority is available to Congress over its personnel under the
including governors, vice governors, mayors, vice mayors, brgy. Chairmen
general doctrine of separation of powers.
and councilmen
• When exercised by the President, the appointing power requires, in
certain instances, concurrence by the legislature in view of the
Appointment vs. Designation
restoration of the Comission on Appointments
• Appointment is “the act of designation by the appointing officer, body • Article VII, Section 16 (Constitution) provides:
or board, to whom that power has been delegated, of the individual
who is to exercise the functions of a given office” (Appari vs. CA) The President shall nominate and with the consent of the
• Designation is the mere imposition of new duties on the officer to be Commission on Appointments, appoint the heads of the executive
performed by him in a special manner departments, ambassadors, other public ministers and consuls, or
• the word “appointment” connotes permanency while “designation” officers of the armed forces from the rank of colonel or naval
implies temporariness; thus, to designate a public officer to another captain, and other officers whose appointments are vested in him
position may mean to vest him additional duties while he performs the in this Constitution. He shall also appoint all other officers of the
functions of his permanent office (Triste vs. Leyte State College BOT) Government whose appointments are not otherwise provided for
• Appointment may be defined as the selection, by the authority vested by law, and those whom he may be authorized by law to appoint.
with power, of an individual who is to exercise the functions of a given The Congress may, by law, vest the appointment of other officers
office... xxx Designation connotes merely the imposition by law of lower in rank in the President alone, in the courts, or in the heads
additional duties on an incumbent official, as where, in the case of departments agencies, commissions or boards.
before us, the Secretary of Tourism is designated Chairman of the
Board of Directors of the Phil. Tourism Authority... xxx It is said that The President shall have the power to make apointments during
appointment is essentially executive while designation is legislative in the recess of Congress, whether voluntary or compulsory, but
nature... xxx Where the person is merely designated and not such appointments shall be effective only until disapproval by the
appointed, the implication is that he shall hold the office only in a Commission on Appointments or until the next adjournment of

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Congress.” determine the kind or nature of the appointment extended by
the appointing officer, its authority being limited to approving
• The Supreme Court (in Sarmiento v. Mison) interpreted the foregoing or reviewing the appointment in the light of the requirements
provision: of the Civil Service Law.
“Confirmation is required only for the officers mentioned in the • Where the CSC disapproves an appointment based on its non-
first sentence of Sec. 16: 1) the heads of the executive depts 2) conformity to applicable provisions of law and on the qualifications of
ambassadors, other public ministers, consuls 3) officers of the the appointee, the appointee need not be previously heard since the
armed forces from the rank of colonel or naval capain and 4) action does not involve the imposition of an administrative disciplinary
other officers whose appointments are vested in the President by measure. (Debulgado vs. CSC)
the Constitution. No confirmation is required under the the second • Acceptance by the appointee is needed to make the appointment
sentence for 1) all other officers whose appointments are not complete. (Lacson vs. Romero)
othewise provided for by law 2) those whom the President may be • The only recognized instance when an individual can be compelled to
authorized by law to appoint Neither is confirmation required for accept an appointive office is in connection with the defense of the
the third sentence for those officers lower in rank whose state.
appointment is vested by law in the President alone.”
Election
• Other limitations: • mode of filling a public office, by which the enfranchised citizenry is
• The spouse and relatives by consanguinity or affinity within the able to participate directly in the conduct of the government, through
fourth civil degree of the President shall not during his tenure be the selection by them of the functionaries who will represent them
appointed as Members of the Constitutional Commissions, or to therein.
the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, Vacancies
including government-owned or controlled corporations and their • exist when there is no person lawfully authorized to assume and
subsidiaries. (Article VII, Section 13) exercise at present the duties of the office.
• The President may not make appointments within two months • ...No person, no matter how qualified and eligible he is for a certain
immediately before the next presidential elections and up to the position, may be appointed to an office which is not vacant. The
end of this term, the exception being temporary appointments to incumbent must first be legally removed or his appointment validly
executive positions when continued vacancies therein will terminated. (Costin vs. Quimbo)
prejudice public service or endanger public safety. (Art. VII, • a vacancy may be original, constructive, accidental or absolute
Section 15)
• Appointments of an Acting President shall remain effective, 1. Original – when an office is created and no one has as yet been
unless revoked by the elected President within ninety days from chosen to fill it
his assumption or reassumption of office. (Article VII, Section 14) 2. Constructive – when the incumbent has no legal right to the office
• His appointees must possess the required qualifications, failing - such as de facto officer – and may be legally replaced by
which, they can be ousted in appropriate judicial proceedings. another
3. Accidental – when the incumbent is separated by any mode other
Luego vs. Civil Service Commission: than expiration of the term like resignation, death, removal or
Appointment is an essentially discretionary character and abandonment
must be performed by the officer in which it is vested 4. Absolute – when the term of the incumbent having expired, no
according to his best lights, the only condition being that the successor has legally qualified to replace him
appointee should possess the qualifications required by law.
Qualification as an Endowment
...the Civil Service Commission is not empowered to

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• understood in two senses: as an endowment and as an act • when laid down by the Constitution, the qualifications are usually
• refers to the qualities or endowments required of the public officer to enumerated in an exclusive manner
insure the proper discharge of the duties of his office • under the maxim expressio unius est exclusio alterius, it is not
• usual qualifications: age, citizenship, suffrage, literacy, residence, competent for the legislature to add to these qualifications
academic and moral qualifications • but if only minimum qualifications are required by the Constitution, or
• property qualifications may not be imposed for the exercise of the if no qualifications are prescribed therein, the legislature is not inhiited
right to run for public office (see Maquira vs. Borra) from prescribing additional qualifications
Disqualification • when the legislature does prescribe qualifications, it must do so in
• lack of disqualifications is itself a qualification such a detailed manner as to strip the appointing power of the
• Monsanto vs. Factoran: discretion it is entitled ito exercise in the choice of the appointee
The pardon granted to petitioner has resulted in removing her • legislature can prescribe qualifcations in a general manner only so as
disqualification from holding public employment but it cannot go to allow the widest possible field of choice
beyond that. To regain her former post as assistant city treasurer, she • it is obvious that if the statute prescribes the qualifications in a minute
must re-apply and undergo the usual procedure required for a new detail so as to practically pinpoint the appointee, the appointment will
appointment. in effect be made by the legislature in derogation of the prerogative of
• Garcia vs. Chariman, Commission on Audit: the executive
If the pardon is based on the innocence of the individual or if • the qualifications to be valid must be relevant to the position
executive clemency is granted to cover the administrative charges for • Limitations on the power of the legislature to prescribe qualifications:
the same acts for which he was prosecuted in criminal proceedings, 1. The legislature may not reduce or increase the qualifications
hen o longer needs to apply for reinstatement to his former position. prescribed in an exclusive manner by the Constitution.
He is “restored to his office ipso facto upon the issuance of the 2. The legislature may prescribe only general qualifications.
clemency. 3. The qualifications must be relevant to the office for which they are
• Civil Liberties Union vs. The Executive Secretary: prescribed.
- declared as unconstitutional EO 284 which in effect allowed Cabinet
members, their underscretaries and asst. secretaries and other Duration of Qualifications
appointive officials of the Executive Department to hold other • The prescribed qualifications should be possessed at the earliest on
positions in the government albeit subject to the limitations imposed the date indicated by the Constitution or the law.
therein • Qualifications are continuing requirements and so must be possessed
• The Constitution provides that the Members of the Supreme Court not only on the date of selection or assumption but for the full
and of other courts established by law shall not be designated to any duration of the officer's incumbency
agency performing quasi-judicial or administrative functions. (Article • The moment any of such qualifications is lost during tenure, the right
VIII, Section 12) to the office is automatically forfeited.

Who may Prescribe Qualifications Qualification as an Act


• may be prescribed by the Constitution or by statute • an act by which the public functionary formally commences the
• qualifications for public office wheher prescribed by the Constitution discharge of his official duties
or by the statute, may not be changed by private agreement • effected by the taking of an oath or filing of a bond or both in the case
• where the Constitution itself creates or provides for the creation of the of certain officers
office but prescribes no qualifications, the legislature may repair the • Accountable officers are required to be properly bonded in
omission and supply the qualifications itself (example: NEDA) accordance with law.
• Accountable officers are those whose duties permit or require the
Scope of Qualifications possession or custody of government funds or properties and who

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shall be accountable therefor and for the safekeeping thereof in Chapter 3
accordance with law. De Facto Officers

Failure to qualify Definition


• Mere delay in qualifying does not result in automatic forfeiture of the
office. • one whose acts, though not those of a lawful officer, the law, upon
• Such delay only empowers the superior authorities to prevent entry principles of policy and justice, will hold valid so far as they involve
into the office at a later time on the ground that the same has been the interests of the public and third persons, where the duties of the
abandoned. office were excercised
• If the delay can be validly explained, as in the case of an illness or
unavoidable absence of the claimant to the office, qualification may Distinctions
be permitted even after the time set by law for the commencement of • De jure officer
the term. - one who has lawful title to the office but has not been able to take
• It is different where the law requires qualification within a specified possession of it or has been ousted therefrom
time and adds that failure to qualify during that period will result in - has title
automatic loss of the right to office. • De facto officer
- one who actually possesses the office although he has an imperfect
or only colorable title
- has color of title
- may ripen into an officer de jure when he repairs his omission and
takes the required oath or posts the needed bond
• Usurper or intruder
- has neither title nor color of title
- acts are entirely void
- may however grow into an officer de facto, if his assumption of office
is acquiesced in. thereby acquiring color of title to the office

Requisites of De Facto Officership

1. There must be a de jure office


2. There must be color of right or general acquiescence by the public
3. There must be actual physical possession of the office in good faith

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