1. Definition of public office.

A. Public Office. The right, authority or duty, created and conferred by law, by which for a given period,
either fixed by law or enduring at the pleasure of the creating power, an individual is invested with some
sovereign power of government to be exercised by him for the benefit of the public [Fernandez v. Sto.
Tomas, G.R.No. 116418, March 7, 1995].1.

2. Elements: a) Created by law or by authority of law; b) Possess a delegation of a portion of the

sovereign powers of government, to be exercised for the benefit of the public; c) Powers conferred and
duties imposed must be defined, directly or impliedly, by the legislature or by legislative authority; d)
Duties must be performed independently and without the control of a superior power other than the
law, unless they be those of an inferior or subordinate office created or authorized by the legislature,
and by it placed under the general control of a superior office or body;and e) Must have permanence or
continuity. (Pol. Law Rev. Nachura)

3. Impeachment - A national inquest into the conduct of public men (Nachura)

4. Grounds for Impeachment - Culpable violation of the Constitution,treason, bribery, graft and
corruption, other high crimes, or betrayal of the public trust. This enumeration is also exclusive.

5. Can an ordinary citizen file for impeachment?

YES. A verified complaint for impeachment may be filed by any Member of the House of Representatives
or by any citizen upon a resolution of endorsement by any member thereof.

6. Under what circumstances?

7. Can an alien file for impeachment?

NO. See number 5.

8. Parts of the Constitution

Essential parts of a good written Constitution:a) Constitution of Liberty. The series of prescriptions
setting forth the fundamental civil and political rights of the citizens and imposing limitations on the
powers of government as a means of securing the enjoyment of those rights, e.g.,Art. III.b) Constitution
of Government. The series of provisions outlining the organization of the government, enumerating its
powers, laying down certain rules relative to its administration, and defining the electorate, e.g., Arts.
VI, VII, VIII andIX.c) Constitution of Sovereignty. The provisions pointing out the mode or procedure in
accordance with which formal changes in the fundamental law maybe brought about, e.g., Art. XVII.

9. Role of preamble

1. Sets down origin and scope of Constitution

2. Enumerates the primary aims and expresses the aspirations of the framers in drafting the Constitution
3. Useful as an aid in the construction and interpretation of the Constitution

Thus, preamble is a source of ligt. It is not a resource of rights and obligations.

10. Preambulari/ Preambulus - Walking in front

11. If there is no preambulare, is the consti void?