OFFICE that position or function by virtue of which a person has some employment in the

affairs of another
either by APPOINTMENT or ELECTION
appointed either during the pleasure of the appointing power or for a fixed
term
PUBLIC OFFICE - is the right, authority, and duty created and conferred by law by which an
individual is vested with some portion of the sovereign functions of the government, for a
period fixed by law or enduring at the pleasure of the appointing power, to be exercised for
the benefit of the public.
PO is a CHARGE, STATION or EMPLLOYMENT conferred by appointment or
election by a government
PURPOSE and NATURE of PUBLIC OFFICE
- Grounded on it being PUBLIC TRUST
1) PO is created for the common good
2) PO is a public trust created in the interest and for the benefit of the people and belongs to
them. It is a RESPONSIBILITY not a right: As recipients of public trust, POs are under
obligation to discharge their duties faithfully and to the best of their ability
I.

PO as a PUBLIC TRUST

1. Holders are regarded as PUBLIC SERVANTS- The powers so delegated are held in trust for the people
- Such trust extends to all matters within the range of duties pertaining to the office.
- Public officers are but SERVANTS of the people and not their rulers
2. Holders are subject to highest standards of accountability and service
CONSTITUTION (ART 11 sec 1):
PO is a public trust. Public officers must at all times be accountable to the people, serve
them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and
justice, and lead modest lives.
Code of Conduct and Ethical Standards for Public Officials: Every public servants shall at all
times uphold the public interest over his or her personal interest.
II.

PO, NOT a PROPERTY

1. Holder is subject to removal or suspension according to law

- Means that public office is not a property in the sense that an officer is not denied due
process by law
by the abolition of his office before the expiration of his term
or by his removal or suspension according to law
or by the passage of the statute of limiting or reducing his compensation
- An officer has no property right in the books and papers pertaining to his office
2. Holder without vested right in any public office
- The fact that the constitution provides limitation on the legislature in abolishing or
diminishing the salary during the incumbents term, does not change the character of
the office or make it property
- EXCEPT constitutional offices which provide for special immunity as regards salary and
tenure, NO ONE can be said to have vested right to an office or its salary, let alone
absolute right to it.
3. Holders right is in nature of privilege entitled to protection

An office may be considered as property within the protection of the DUE PROCESS
guarantee of the constitution in controversies relating to the question as to which of
two persons is entitled thereto
- When dispute concerns ones constitutional right to security of tenure, PO is deemed
analogous to property IN A LIMITED SENSE.
4. Holders right is personal to him
- It is not a property which passes to his heirs upon death. It cannot be inherited
Thus, an heir of a protestee in an election contest may no longer prosecute the latters
counterclaim for damages because that was extinguished when death terminated the
protestees right to occupy the contested office.
III.

PO, NOT a CONTRACT

1) Creates no contractual relation between holder and the public

- PO is not a contract; It does not establish a contractual relation between the person
appointed and the public; The incumbent is not under contract so as to withdraw his
tenure, salary, and the like, from the control of the legislature, or to preclude the
legislature from abolishing the office.
2) Exists by virtue of some law
- Right to hold PO is NOT a NATURAL RIGHT. It exists only by virtue of some law
expressly or impliedly creating or conferring it.
3) Generally entitles holder to compensation
- Although not a contract a public officer is entitled to compensation for the
performance of his public duties when the law attaches it to the office. If no salary is
provided for, it is presumed that the public officer accepted his PO without pay and he
cannot recover anything for services rendered by him.
- Salary is mere incident and forms no part of the office; It is not a necessary criterion
Distinguish PUBLIC OFFICE and PUBLIC CONTRACT

CREATION

OBJECT

SUBJECT MATTER &

SCOPE

PUBLIC OFFICE
A creation incident to sovereignty

The carrying out of sovereign as well as

governmental functions affecting even
persons not bound by the contract
Embraces the idea of tenure, duration,
continuity, and the duties connected
therewith are generally continuing and
permanent

PUBLIC CONTRACT
Originates from the will of the
contracting parties, subject to
the limitations imposed by
law
Imposes obligations only upon
persons who entered the
same
Limited in its duration and
specific in its object; its term
define and limit the rights and
obligations of the parties and
neither may depart therefrom
w/out consent of the other

Distinguish PUBLIC OFFICE and PUBLIC EMPLOYMENT

PUBLIC OFFICE
KEY CONSIDERATIONS
MANNER of CREATION &
NATURE of DUTIES

PUBLIC EMPLOYMENT