LAW OF PUBLIC

OFFICE AND
OFFICERS
GOVERNANCE AND SOCIAL RESPONSIBILITY

Prof. Ildefonso G. Mariquit

What is a Public Office?

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 sovereign
functions of government to be exercised by
him for the benefit of the public. (Fernandez
vs. Sto. Tomas, 234 SCRA 546)
Public office is a public trust

this requires that all government

officials and employees must at all
times be accountable to the people,
serve them with utmost responsibility,
integrity, loyalty and efficiency, act
with patriotism and justice, and lead
modest lives.
What does Public trust implies?

It implies a fiduciary relationship

between a public officer, who is a
trustee, and the people, who are
the beneficiaries of a public office.
The public officer as the servant of
the people, requires of him:
 a. Utmost responsibility;
 b. Integrity;
 c. Loyalty;
 d. Efficiency;
 e. Fidelity;
 f. Good faith; and
 g. Accountability in the discharge of his duties and demands that
he takes no advantage of his position for his personal benefit or to
the prejudice of the public.
Elements of Public Office:

1. Created by law or ordinance authorized by law;

2. Possesses sovereign functions of the government;
3. Functions defined expressly or impliedly by law;
4. Functions exercised by an officer directly under the control
of law, not under a superior officer unless they be those of an
inferior or subordinate office created or authorized by the
legislature, and by it placed under the general control of a
superior office or body; and
5. Must have permanency or continuity.
What are the Characteristics of
public office:
1. Public office is a public trust;
2. Public office is not a property and is
outside the commerce of man. It cannot be
subject of a contract.
Who is a PUBLIC OFFICER?

They are individuals vested

with public office.
Under RPC, Art. 203

Any person who, by direct provision of law,

popular election or appointment by competent
authority, shall take part in the performance of
public functions in the Government of the
Philippine Islands, or shall perform in said
Government or in any of its branches, public duties
as an employee, agent or subordinate official, of
any rank or class, shall be deemed to be a public
officer.
Who are DE FACTO OFFICERS

One who has reputation of being

an officer that he assumes to be,
and yet is not an officer in point of
law.
Requisites of a de facto officer
1. A valid existing office;
2. Actual physical possession of said office;
3. Color of title to the office, either by:
a. Reputation or acquiescence;
b. Known or valid appointment or election but officer failed to
conform with legal requirements;
c. Known appointment or election but void because of ineligibility
of officer or want of authority of appointing or electing authority or
irregularity in appointment or election not known to the public;
and
d. Known appointment of election pursuant to unconstitutional
law before declaration of unconstitutionality.
Duties of a public officer:
A. Constitutional Duties
a. To be accountable to the people; to serve them with utmost
responsibility, integrity, loyalty and efficiency; to act with patriotism
and justice; and to lead modest lives (Section 1, Article XI).
b. To submit a declaration under oath of his assets, liabilities and
net worth upon assumption of office and as often thereafter as
may be required by law (Section 17, Article XI).
c. To owe the State and the Constitution allegiance at all times
(Section 18, Article XI).
 Rights of public officers:
 1. Right to office
 2. Right to salary
 3. Right to preference in promotion
 4. Right to vacation and sick leave
 5. Right to maternity leave
 6. Right to retirement pay
 7. Others—right to reimbursement for expenses incurred in the due
performance of
 his duty; right to be indemnified; right to longevity pay.
COMMENCEMENT OF OFFICIAL
RELATIONS

A. By Appointment
B. By Election
APPOINTMENT
The selection, by authority vested with power, of individual who is to
perform functions of a given office. (Binamira vs. Garrucho, G.R. No.
July 30, 1990)
It is an unequivocal act of designating or selecting by one having the
authority therefor of an individual to discharge and perform the duties
and functions of an office ortrust. The appointment is deemed
complete once the last act required of the appointing authority has
been complied with and its acceptance thereafter by the appointee
inorder to render it effective.
TERMINATION OF OFFICIAL
RELATIONSHIP
1. Expiration of term or tenure
2. Reaching the age limit—compulsory retirement age: 70
years of age for members of the
Judiciary; 65 for other government officers and employees
3. Resignation
4. Recall
5. Removal
6. Abandonment
TERMINATION OF OFFICIAL
RELATIONSHIP
7. Acceptance of an incompatible office
8. Abolition of office
9. Prescription of the right to office
10.Impeachment
11.Death
12.Failure to assume elective office within 6 months from
proclamation
13.Conviction of a crime
14.Filing a certificate of candidacy
Term vs. Tenure
Term—the period of time during which
a public officer has the right to hold the
public
office
Tenure—the period of time during
which the public officer actually held
office
RECALL

the termination of official relationship of an

elective official for loss of confidence prior
to expiration of his term through the will of
the electorate. It is exercised by the
registered voters of a local government unit
to which the local elective official subject to
such recall belongs (Section 69, LGC)
RESIGNATION

is the act of giving up or the act of a

public officer by which he declines his
office and renounces the further right
to use it.
ABANDONMENT OF OFFICE

it is the voluntary relinquishment of an

office by the holder, with the intention
of terminating his possession and
control thereof.
ABOLITION OF OFFICE

it connotes an intention to do away

with such office wholly and
permanently, as the word “abolished”
denotes.
Review Questions- True or False
1. 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 sovereign
functions of government to be exercised by him for the benefit of the
Government
2. Public trust implies, a fiduciary relationship between a public, who is a
trustee, and the public officer, who are the beneficiaries of a public office.
3. The public officer as the servant of the people, requires of him
accountability in the discharge of his duties and demands that he takes no
advantage of his position for his personal benefit or to the prejudice of the
public.
Review Questions- True or False
4. Among the element of public office are functions exercised by an
officer directly under the control of law, not under a superior officer
even if they be those of an inferior or subordinate office created or
authorized by the legislature, and by it placed under the general
control of a superior office or body.
5. Public office is not a property and is outside the commerce of man.
It cannot be subject of a contract.
6. Public officers are individuals vested with public office. These include
those who perform in Government of the Philippines or in any of its
branches, public duties as an employee, agent or subordinate
official, of any rank or class.
Review Questions- True or False
7. A de-facto officer is one who has reputation of being an
officer that he assumes to be, and an officer in point of law.
8. Among the duties of a public officer is to submit a
declaration under oath of his assets, liabilities and net worth
upon assumption of office and as often thereafter as may be
required by law
9. A public office must be created by law or ordinance
authorized by law
10. Among the element of public office is that the functions
defined expressly or impliedly by public.