DVOREF College of Law
Lecture Notes on Administrative Law COMMENCEMENT OF OFFICIAL RELATIONS
Prepared by: Ponferrada for Section 2C
TOPIC 1:
PUBLIC OFFICE
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.
Essential elements
1. Created by Constitution or by law or by some
body or agency to which the power to create
the office has been delegated (enabling law)
2. Invested with authority to exercise some
portion of the sovereign power of the State
3. Powers/Functions defined by the Constitution,
law, or through legislative authority
4. Duties are performed independently without
control unless those of a subordinate
5. Continuing / permanent in nature
NOTE: Compensation is not indispensable to a
public office.
TOPIC 4: Steps in the Appointing
presidential appointments:
It is commenced by:
a. By appointment
b. By election
Appointment is the act of designation by the
executive officer, board, or body to whom that
power has been delegated, of the individual who
is to exercise the powers and functions of a given
office. It is to be distinguished from the selection
or designation by a popular vote. The power to
appoint is generally regarded as an executive
function. But it is not limited to the executive
department. Power of appointment is absolute
when the choice of the appointing authority is
conclusive. It is conditional where assent or
approval by some other officer or body is
necessary to complete the appointment.
Acceptance of appointment is not necessary for
the completion or validity of appointment.
However, acceptance is necessary to possession
of office, and to enable appointee to the
enjoyment and responsibility of an office. It may
be express when it is done verbally or in writing.
Acceptance is implied when without formal
acceptance, the appointee enters upon the
exercise of the duties and functions of an office.
GR: Appointment to an office, once made and
complete, is not subject to reconsideration or
revocation. The exception is where an officer is
removable at will of the appointing power.
Process for
1. Nomination – exclusive prerogative of the
President
2. Confirmation – belongs to Congress i.e.
Commission on Appointments
3. Issuance of commission – a commission is
a written authority from a competent
source given to the officer as his warrant
for the exercise of the powers and duties
of the office to which he is commissioned.
Confirmation on the part of the Civil Service
Commission is called “Attestation”.
Designation is simply the mere imposition of new
or additional duties upon an officer to be
performed by him in a special manner. It
presupposes that the officer is already in the
service by virtue of an earlier appointment,
performing other functions.
Vacancy is an instance when an office is empty
and without a legally qualified incumbent
appointed or elected to it with a lawful right to
exercise its powers and perform its duties. There
can be no appointment to a non-vacant position.
Causes of vacancy are death, permanent
disability, removal from office or resignation of the
incumbent. Other causes of vacancy are
abandonment, expiration of term, conviction of a
crime, impeachment conviction, acceptance of
incompatible office, creation of a new office,
reaching the age limit, and recall.
Classifications of Appointment
a. Permanent – A permanent appointment is
extended to a person possessing the
requisite qualifications, including the
eligibility required, for the position, and
thus protected by the constitutional
guarantee of security and tenure.
b. Temporary – A temporary appointment is
an acting appointment, it is extended to
the one who may not possess the
requisite qualifications or eligibility
required by law for the position, and is
revocable at will, without the necessity of
just cause or valid investigation.
c. Regular- A regular appointment is one
made by the president while congress is
in session after the nomination is
confirmed by the commission on
appointments, and continues until the end
of the term.
d. Ad-interim - An ad-interim appointment is
one made while congress is not in
session, before confirmation by the
commission on appointments, is
immediately effective, and ceases to be
valid if disapproved or bypassed by the
commission on appointments upon the
next adjournment of congress. Is a
permanent appointment, and its being
subject to confirmation does not alter its
permanent character.
Commission - written evidence of appointment
Other Personnel Actions
Promotion – is a movement from one position to
another with increase in duties and
responsibilities as authorized by law and usually
accompanied by increase in pay.
Next-in-rank-rule – The person next in rank shall
be given preference in promotion when the
position immediately above is vacated. The rule
specifically applies only in cases of promotion but
it is not a mandatory requirement.
Automatic Reversion Rule – all appointments
involved in a chain of promotions must be
submitted simultaneously for approval by the
CSC. The disapproval of the appointment of a
person proposed to a higher position invalidates
the promotion of those lower positions and
automatically restores them to their former
positions. However, the affected persons are
entitled to payment of salaries for services
actually rendered at a rate fixed in their
promotional appointments.
For this rule to apply, the following must concur:
(1) there must be a series of promotions;
(2) all promotional appointments are
simultaneously submitted to the CSC for
approval; and
(3) the CSC disapproves the appointment of
a person to a higher position
Appointment through Certification – is issued to a
person who has been selected from a list of
qualified persons certified by the CSC from an
appropriate register of eligibles and who meets
all the qualifications prescribed for the position.
Transfer – is the movement from one position to
another which is of equivalent rank, level or
salary without break in service. Under current
CSC rules, and regulations, transfer may be
imposed as an administrative penalty.
Reinstatement – the reappointment of a person
who has been previously granted a permanent
appointment to a position in the career service
and who has been separated therefrom through
no misconduct or delinquency, provided that the
reinstatement is to the same level for which he is
qualified.
Reassignment- the movement of one employee
from one organizational unit to another in the
same agency, provided that such reassignment
shall not involve a reduction in rank.
Reemployment – the rehiring of persons who
have been appointed to permanent positions in
the career service and who have been separated
as a result of reduction in force and/or
reorganization
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