You are on page 1of 1

Public office requirements

Is a public officer, who has been granted an absolute pardon by the Chief Executive, entitled to
reinstatement to her former position without need of a new appointment?

No. The pardon removed her disqualification from public office but it does not mean she can be
reinstated to her former position. To regain her former post, she should re-apply and undergo the usual
procedure required for a new appointment.

W/N RA 4421 is unconstitutional?

Yes. The effect of said Republic Act No. 4421 is to impose property qualifications in order that a person
could run for a public office, which property qualifications are inconsistent with the nature and essence
of the Republican system ordained in the Constitution and the principle of social justice underlying the
same. Consequently, Republic Act No. 4421 is unconstitutional and hence null and void.

You might also like