LAW ON

PUBLIC OFFICERS
PUBLIC OFFICE
PUBLIC OFFICE DEFINED
PUBLIC OFFICE
- refers to 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 that individual for
the benefit of the public.
Nature and Elements
of Public Office
 PUBLIC OFFICE HOW CREATED
It has been held that a public
office may be created by the
Constitution, by law, or by authority
of law.
Public offices are filled up either by
appointment, by election, and in
some instances by contract or by
some other modes authorized by
law.
PURPOSE
A public office is created to
effect the end for which
government has been instituted
which is the common good; not
profit, honor, or private interest
of any person, family or class of
persons (63 A Am Jur 2d 667)
CHARACTERISTICS
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 and
justice, and lead modest lives.
(Sec. 1, Art. XI, Constitution).
 PUBLIC OFFICE IS NOT PROPERTY

 Although public office is not property and

one cannot acquire a vested right to
public office, it is, nevertheless, a
protected right. It cannot be taken from
its incumbent without due process. In this
sense, a public position is a sort of
property right. Thus, a person who has
been proclaimed elected to an office,
has taken his oath, and assumed the
position, cannot be deprived thereof by
the Commission on Elections by annulling
or suspending the proclamation without
due notice and hearing. (Bince Jr. v
COMELEC, 218 SCRA 782, 1993)
 ELEMENTS OF PUBLIC
OFFICE
1. It is created by the Constitution or
by law or by somebody or agency to
which the power to create the office
has been delegated;
2. It must possess some sovereign
functions of government to be
exercised for public interest;
3. The functions must be defined,
expressly or impliedly by law;
 ELEMENTS OF PUBLIC OFFICE
4. The functions must be exercised by an
officer directly under that of a superior
officer, unless they are functions
conferred by the law upon inferior
officers, who, by the law are under the
control of a superior.
Exception: If the duties are 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. It must have some permanency or
continuity, not temporary or occasional.
PUBLIC OFFICER
 Under the administrative code of 1987…

Officer, as distinguished from clerk

or employee, refers to a person
whose duties, not being of a
clerical or manual nature, involves
the exercise of discretion in the
performance of the functions of the
government.
Under Article 203 of the Revised Penal Code…
 Who are public Officers any person who, by
direct provision of the 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 any of its
branches public duties as an employee, or
agent, or subordinate official, or any rank or
class, shall deemed to be a public officer.
Under the Anti-Graft & Corrupt
Practices Act…
 theterm public officer, “ includes
elective and appointive officials
and employees permanent or
temporary, whether in the
classified or unclassified or
exempt service receiving
compensation, even nominal
from the government”
 RA 3019, Sec. 2 (a) and (b)
“Public Officer includes elective
and appointive officials and
employees, permanent or
temporary, whether in the
classified or unclassified or exempt
service receiving compensation,
even nominal, from the
government.”
PUBLIC OFFICER
“Public officials includes
elective and appointive
officials and employees,
permanent or temporary,
whether in the career or
non-career service,
including military and
police personnel, whether
or not they receive
compensation, regardless
of amount.” (Section 3(b) ,
RA 6713)
- To be a public officer, there must be a public
office, to which he must either be appointed or
elected in accordance with law.
- The office defines the powers and functions of the
public officer and requires the exercise of some
portion of the sovereign power.
- A public office imports the idea of term or tenure
and compensation.
 ELECTIVE OFFICIALS:
Elective National Officials whose offices are
created by the Constitution include the
President, Vice President, Senators, and
Congressmen. All other elective officials are
local officials.
APPOINTIVE OFFICIALS:
The appointive officers whose positions are
created by the Constitution include the Chief
Justice of the Supreme Court and Associate
Justices, the Chairmen and Members of the
Constitutional Commissions (CSC, COMELEC,
COA) and the Ombudsman and his deputies.
 CLASSIFICATION OF OFFICERS
 EXECUTIVE: tasked with execution and
enforcement of laws
* President, Governors and City and Municipal
Mayors.

 LEGISLATIVE:
primary function is to enact laws or
ordinances.
*Members of Congress and local
Sangguniang Panlalawigan, Panglungsod and
Pangbayan.

 JUDICIARY: exercise judicial power

*Justices of the Supreme Court and other
Judges of lower rank.
CSC: Career and Non-Career

SEC 7. Career Service.—The Career

Service shall be characterized by (1)
entrance based on merit and fitness to
be determined as far as practicable by
competitive examination, or based on
highly technical qualifications; (2)
opportunity for advancement to higher
career positions; and (3) security of
tenure.
It shall include:

1. Open Career positions – prior qualifi-

cations in an appropriate examination is
required;
2. Closed career positions (scientific or
technical; faculty of & staff of universities
and colleges)
3. Career Executive Service (USEC, ASEC,
bureau director, RD, ARD, etc. all of whom
are appointed by the President
4. Career Officers, other than those in the
Career Executive Service, who are
appointed by the President, such as
Foreign Service Officers in DFA
5. Commissioned Officers and
enlisted men of the AFP which
maintain a separate merit system
6. Personnel of government-
owned or controlled corporations
whether performing govern men-
tal or proprietary functions, who
do not fall under the non-career
service; and
7. Permanent laborers, whether
skilled, semi-skilled or unskilled.
NON-CAREER SERVICE – characterized
by (1) entrance on bases other than
those of the usual test of merit and fitness
utilized for the career service; and (2)
tenure which is limited to a period
specified by laws, or which is
coterminous with that of the appointing
authority.
1. Elective Officials and their
personal or confidential staff;
2. Dept. Heads and other officials of
Cabinet rank who hold positions at
the pleasure of the President and
their personal or confidential staff/s;
3. Chairman and members of
commissions and boards with fixed
terms of office and their personal or
confidential staff;
4. Contractual personnel or those whose
employment in the government is in
accordance with a special contract to
undertake specific work or job, requiring
special or technical skills not available in the
employing agency to be accomplished
within a specified period, which in no case
shall exceed one year, and performs or
accomplishes the specific work or job, under
his responsibility with a minimum of
directions and supervision from the hiring
agency; and

5. Emergency and seasonal personnel.

(Sec. 6, PD 807)
Not covered by Civil Service Law
Not covered by the civil service law
are government and controlled
corporations organized under the
Corporation Code because they are
covered under the Labor Code.
Those with original charters (by direct
legislative creation), are covered by
the civil service laws. (Gamogamo v.
PNOC Shipping and Transit
Corporation, 381 SCRA 742)
REPUBLIC ACT 6713
Code of Conduct and
Ethical Standards for Public
Officials and Employees
Coverage

“All public officials and employees

in the government, elective and
appointive, permanent or temporary,
whether in the career or non-career
service, including military and police
personnel. Whether or not they receive
compensation, regardless of amount.”
NORMS OF CONDUCT OF PUBLIC
OFFICIALS AND EMPLOYEES
1. Commitment to Public Interest
2. Professionalism
3. Justness and Sincerity
4. Political Neutrality
5. Responsiveness to the Public
6. Nationalism and Patriotism
7. Commitment to Democracy
8. Simple Living
1. COMMITMENT TO PUBLIC
INTEREST

Uphold public interest over

and above personal
interest
Use government resources
and powers efficiently,
effectively, honestly and
economically
2. PROFESSIONALISM

PERFORM DUTIES AND

RESPONSIBILITIES WITH THE HIGHEST
DEGREE OF:
Excellence
Professionalism
Intelligence and
Skill
3. JUSTNESS AND SINCERITY
 Remain true to the people at
all times
 Act with justness and sincerity
 Shall not discriminate against
anyone
 Respect the rights of other
 Refrain from doing acts
contrary to law, good morals,
good customs, public policy,
public order, public safety
and public interest
 4. POLITICAL NEUTRALITY

Provide service to
anyone without unfair
discrimination and
regardless of party
affiliation or preference
 5. RESPONSIVENESS TO THE
PUBLIC
Extend prompt, courteous
and adequate service
Provide information in clear
and understandable
language
Openness of information
Public consultations and
hearings
Encourage suggestions
Simplify and systematize
policy, rules and procedures
Avoid Red Tape
6. NATIONALISM AND PATRIOTISM

Be loyal to the

Republic and to
the Filipino People
Promote the use of
locally produced
goods, resources
and technology
 7. COMMITMENT TO
DEMOCRACY
Commit to the
democratic way of life
and values
Maintain the principle
of public accountability
Manifest by deeds the
supremacy of civilian
authority over the
military
8. SIMPLE LIVING

Lead modest lives

appropriate to
position and
income
Not indulge in
extravagant and
ostentatious display
of wealth
Thank you…