THE CONCEPT OF THE PUBLIC OFFICE

Definition
-Refers either to two concepts, as a functional unit of government or as a position.
-within the framework of government organization, to any major functional unit of a department or
Bureau including regional offices
-it may also refer to any position held or occupied by individual persons whose functions are defined by
law or regulation
- 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 creating 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.

Elements
1. Must be created by law or ordinance authorized by law;
2. Must possess sovereign functions of government to be exercised for public interests;
3. Functions must be defined expressly or impliedly by law;
4. Functions must be exercised by an officer directly under control of law, not under that of a superior
officer unless they are functioned conferred by law upon inferior officers, who by law, are under control
of a superior; and
5. Must have some permanency or continuity, not temporary or occasional.

Characteristics
- delegation of sovereign functions, its creation by law and not by contract, an oath, salary, continuance
of the position, scope of duties, and the designation of the position as an office.

Article XI. Section 1. Public office is a public trust. Public officers and employees must at all times be
accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act
with patriotism justice, and lead modest lives.

Classifications
Executive, legislative and judicial officers;
Discretionary or ministerial officers;
Civil or military;
Officers de jure or de facto; and
National, provincial or municipal officials.

-public officers or employees of the government are either national or local, elective or appointive,
whose offices or positions are either created by the constitution or by statutes
-public officers may be classified into executive, legislative and judiciary

REQUIREMENTS OF PUBLIC OFFICE

Appointment vs Designation
-appointment is the selection by the proper authority of an individual who is to exercise the functions of
a given office
-appointment is applied to nomination of an individual

-designation connotes merely the imposition of additional duties, usually by law, upon a person who is
already in the public service by virtue of an earlier appointment or election
-the appointed secretary of Trade and Industry is designation
-designation refers to the assignment of a public officer to perform certain functions differ from those of
his position to which he has been appointed

Elections
Section 8. The Ombudsman and his Deputies shall be natural-born citizens of the Philippines, and at the
time of their appointment, at least forty years old, of recognized probity and independence, and
members of the Philippine Bar, and must not have been candidates for any elective office in the
immediately preceding election. The Ombudsman must have for ten years or more been a judge or
engaged in the practice of law in the Philippines.

Qualifications of the Ombudsman and his Deputies  Natural born citizen;  At least 40 years old;  Of
recognized probity and independence;  Member of the Philippine Bar; and  Must not have been
candidates for any elective office in the immediately preceding election

Section 10. The Ombudsman and his Deputies shall have the rank of Chairman and Members,
Respectively, of the Constitution Commissions, and they shall not be qualified to run for any office in the
election immediately succeeding their term of office.

Section 11. The Ombudsman and his Deputies shall serve for a term of seven years without
reappointment. They shall not be qualified to run for any office in the election immediately succeeding
their cessation from office.

Vacancies

Qualification as an Endowment
-the term “qualification for office” has been defined as the endowment or accomplishment that fits for
an office; having the legal requisites, endowed with qualities fit or suitable for the purpose
-it means the possession of the qualities or circumstances which are inherently or legally necessary to
render him eligible to fill an office or to perform a public duty or function
-to be eligible means legally qualified by law to hold an office
-qualifications are continuing in nature and must exist at the commencement of the term and during the
occupancy of the office

Disqualification
-if a person does not possess the required qualifications or is otherwise disqualified to hold it, his
appointment or election to a public office is null and void
-disqualification forfeits his office. however, forfeiture is not automatic
-if a candidate for an elective position does not possess the required qualifications or is otherwise
disqualified he is an eligible and its election is null and void
-ineligible means legally or otherwise disqualified to hold office; disqualified to be elected to an office; or
disqualified to hold an office if elected or appointed to it

Batas Pambansa Bilang 881, otherwise known as the Omnibus Election Code (“Election Code”) provides
for certain disqualifications. Thus, under the Election Code, the following are disqualified from running
for public office:

1. Those declared as incompetent or insane by competent authority.

2. Those sentenced by final judgment for subversion, insurrection, rebellion or any offense for which he
has been sentenced to a penalty of more than 18 months imprisonment.

3. Those sentenced by final judgment for a crime involving moral turpitude.

4. Those who are permanent residents of or immigrants to a foreign country, unless he has waived his
status as such.

The disqualification for insane persons shall be removed upon declaration by the competent authority
that such insanity or incompetence has been removed. For those sentenced by final judgement of
offenses in items 2 and 3 above, the disqualification shall be lifted after the expiration of 5 years from
service of sentence.

Who May Prescribe Qualifications

-Congress has the power consistently with constitutional provisions to prescribe qualifications for
appointive or elective positions and define who are disqualified
-the legislature has the power, by law, two disqualify certain persons from elective or appointed
positions in the government

Scope of Qualifications

Durations of Qualifications

Qualification as an Act

Failure to Qualify

DE FACTO OFFICERS
Definition
A de facto officer is one who assumed office under a color of a known appointment or election, this is
deemed to be void because the officer was not eligible or because there was a want of power in the
electing body, or wiring sense of some defect or irregularity in its exercise, such ineligibility, want of
power, or defect being unknown to the public
-Example is a public officer or employee who assumed office under an incomplete appointment, even if
such assumption is tolerated by superior officers and even when the appointee had served for years

-A de jure officer means there has been total compliance with all requisites of law
-one who is in all respects legal pointed or qualified to exercise the office

Requisites of De Facto Officership

1. There must be a de jure office
2. there must be color of ripe or authority
3. there must be actual physical possession of the office in good faith
4. there must be a general acquiescence by the public or a recognition by the public who deals with him
of his authority as holder of the position

Effects of Act of De Facto Officers

-acts of de facto officers are valid insofar as third parties are concerned
-a de facto officer assumes the exercise of a part of the prerogative of sovereignty, and the legality of
that assumption is open to attack of the sovereign power alone
-the official acts of a de facto officer are just as valid for all purposes as those of a de jure officer.

AUTHORITY OF THE PUBLIC OFFICER

-executive officers are those tasked in the execution and enforcement of laws such as the president, the
governors and city and municipal mayors
-the legislative officers are those whose primary function is to enact the laws or ordinances such as the
members of Congress and of local sangguniang panlalawigan, panlungsod and pangbayan
-the officers of the judiciary are those who exercise judicial power such as justices of Supreme Court and
other judges of low rank