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What are the 5 elements of a public office?


1. Must be created by law or by authority of law

2. Must posses a delegation of a portion of the sovereign powers of government, to be exercised for
the benefit of the public

3. The powers conferred and duties to be discharged must be defined, directly and impliedly by the

4. Duties must be performed independently and without control of a superior power other than the law
unless they be those of an inferior or subordinate office created and authorized by the legislature,
and by it placed under the general control of a superior office or body

5. Must have some permanence and continuity and not be only temporary or occasional

What are the ways to create a public office?

A public office may be created through the following:

1. By the Constitution

ex. Office of the President, Legislature, Supreme Court

2. By statute

ex. Bureau of Mines, SEC, local offices such as governors and mayors

3. By authority of law

ex. MMDA, National Economic and Development Authority