This assignment was locked Mar 10 at 9pm.

1. Define public office.

2. What are the elements of public office?
3. What are the modes of its creation?
4. What are the characteristics of public office?
5. What are the different classifications of public office?
6. Read the case of National Land Titles and Deeds Registration Administration vs. CSC, 211
SCRA 145
7. What are the requirements for public office?
8. Distinguish appointment from election?
9. How is public office vacated? 
10. Distinguish de facto office/officer from de jure office/officer

This assignment was locked Mar 17 at 9pm.

1. What are the limitations of public office, in terms of territoriality, term, and manner
2. Distinguish discretionary duty of a public officer from his ministerial duty.

4. What are the inhibitions accompanying public office?

5. State the Constitutional inhibitions of public office.
6. Enumerate the Constitutional disqualifications of public office.
7. State the other statutory inhibitions and disqualifications of public office.

1. What is public office?

A public office is the right, authority, and duty created and conferred by law, by which for a
given period, either fixed by law or enduring at the pleasure of the appointing power, an
individual is invested with some portion of the sovereign functions of the government, to be
exercised by him for the benefit of the public.

2. What are its elements?

The following are the elements of a public office, to wit;

1. It is created by the constitution or by law or by some body or agency to which the

power to create the office has been delegated.
2. It must be invested with an authority to exercise some portion of the sovereign power
of the state to be exercised for public interest;
3. It’s powers and functions are defined by the constitution, or by law, or through
legislative authority;
4. The duties pertaining thereto are performed independently, without control of a
superior power other than law, unless they are those of an inferior or subordinate
officer, created or authorized by the legislature and placed by it under the general
control of a superior officer or body; and
5. It is continuing and permanent in nature and not occasional or intermittent.
3. Who can abolish a public office?
The power to abolish a public office is inherently legislative. The power to create an office
generally includes the power to modify or abolish it and along with it is the power to fix the
number of positions and the salaries or emoluments of the holders thereof and to provide funds
for the offices created. Subject to some condition which are stated below.
Offices created by Congress. — Where the office is of legislative creation. Congress may, unless
prohibited by the Constitution, control, modify or abolish it whenever such course may seem
necessary, expedient, or conducive to the public good. The power extends to consolidation of
offices, resulting in abolishing one and attaching its powers and duties to another.
Offices created by the Constitution. — Constitutional offices may be modified or abolished by
the people through a constitutional provision. Such offices are beyond the power of the
legislature to alter or discontinue. Congress cannot modify or abolish constitutional offices
indirectly, such as by taking away the duties and emoluments of the office, thereby, in effect,
abolishing it, or by consolidating the office with another office.
However, the mere mention of an office in the Constitution does not necessarily endow the office
with constitutional status which prevents its abolition by Congress.

4. What do you mean by vested right theory?

The vested right theory provides that when a right to an office which has
become fixed and established, such right is protected by due process.
When the dispute concerns one’s constitutional right to security of tenure, public office is
deemed analogous to property. Hence, the right to due process could be rightfully invoked. An
officers right to office is entitled to protection of the law, and an office maybe considered as a
property within the protection of the due process that is guaranteed by the constitution.

5. Give an example of a de facto office. Is he entitled to emoluments?

A public official or employee who assumed office under an incomplete appointment is merely a
de facto officer for the duration of his occupancy of the office for the reason that he assumed
office under color of a known appointment which is void by reason of some defect or irregularity
in its exercise
As a general rule, a de facto officer is not entitled to emoluments attached to the office, even
though he has performed the duties thereof on the theory that the acts of a de facto officer as far
as he himself is concerned are void. Where the tenure of the de facto officer is "wrongful," the
salary received by him during such tenure may be recovered. Only an officer de jure can
maintain an action for compensation.
However, one who becomes a public officer de facto without bad faith on his part, and who
renders the services required of the office, may recover the compensation provided by law for
such services during the period of their rendition or retain the emolument's received during that
time.

6. Can the Civil Service Commission approve or disapprove the appointment on

the ground that someone else is more qualified?
No, the Civil Service Commission cannot disapprove or approve an appointment on the ground
that someone else is qualified.
Jurisprudence provides that when appointee is qualified and all the other legal requirements are
satisfied, the Commission has no alternative but to attest to the appointment in accordance with
the Civil Service Laws. The Commission has no authority to revoke an appointment on the
ground that another person is more qualified for a particular position. To do so would be an
encroachment on the discretion vested upon the appointing authority.

7. What is the effect if a public officer performs an unauthorized act? Can he be

personally liable?
As a general rule, public officers of the government, in the performance of their public functions,
are not liable to third persons, either for the misfeasances or positive wrongs, or for the
nonfeasances, negligence, or omissions of duty of their official subordinates. These is in pursuant
to the doctrine of official immunity.
However, the protection afforded by the doctrine generally applies only to activities within the
scope of office that are in good faith and are not reckless, malicious or corrupt. But acts of a
public officer are protected by the presumption of good faith. Under prevailing jurisprudence,
even mistakes concededly committed by such a public officer in the discharge of his official
duties are not actionable as long as it is not shown that they were motivated by malice or gross
negligence amounting to bad faith.
An exception to the aforesaid are the following, to wit;
Firstly, if the individual is damaged by such violation, the official shall, in some cases, be held
liable civilly to reimburse the injured party.
Secondly, if the law has attached a penal sanction, the officer may be punished criminally.
Thirdly, if the administration's disciplinary power is strong, such violation may lead to
imposition of fine, reprimand, suspension, or removal from office, as the case may be.
 8. Why are certain public officers disqualified to practice their profession?
Section 90 of the Local Government Code outlines the absolute prohibition upon all governors,
city and municipal mayors to practice their profession or to engage in any occupation other than
the exercise of their functions as such local chief executives.
Considering that a person appointed to an elective office can exercise all powers and
prerogatives attached to said  office. An appointed members of a local chief executives can wield
as much pressure and influence. Giving rise to an absolute conflict of interest if they are allowed
to practice their profession or engage in any occupation other than the exercise of their functions
as local chief executives. The purpose of the disqualification is to prevent  incumbents of elective
offices from exerting political influence and pressure on the management of the affairs of another
office to the detriment of public service.

This assignment was locked Mar 24 at 9pm.

1. Why do public officers have accountabilities and liabilities?
2. State the statutory and constitutional bases of such liabilities.
4. Familiarize yourselves with the concept of terminating official relations.
5. What are the different modes of terminating official relations?

This assignment was locked Apr 14 at 9pm.

1. Familiarize yourselves with expiration of term, resignation, abandonment, acceptance of an
incompatible office, removal, impeachment, forfeiture, recall, abolition of office, and death

This assignment was locked Apr 21 at 9pm.

1. What are the different kinds of elections?
2. State the pertinent Constitutional provisions about election.
3. What are the powers and functions of COMELEC?
4. How do we interpret election laws?
This assignment was locked Apr 28 at 9pm.
1. When do we consider a candidate eligible to run for public office?
2. What are the qualifications of a candidate? What are his disqualifications?
4. Familiarize yourself with the Certificate of Candidacy.
1. What are the grounds for filing a Petition for Disqualification of a candidate?

3. When do we file Petition to Declare Nuisance?