Chapter 1
LAW ON PUBLIC OFFICERS
The right to notice and hearing is not essential to due
process of law in administrative proceedings. While a day in
court is a matter of right in judicial proceedings, it is not so
in administrative proceedings.
Suspension of an officer pending trial for misconduct
is universally accepted as fair. Notice and hearing are not
prerequisites to suspension unless required by statute.*
Where appointment does not specify office or station,
appointee may be transferred or assigned from one unit to
another or to any other station with or without his or her
consent, as a result of merging of offices or if exigency of
service requires, provided it affects no substantial change in
title, rank, and salary.’
But although there is no vested right in an office, which
may not be disturbed by legislation, yet the incumbent has,
in a sense, a right to his or her office. If that right is to be
taken by law, the terms should be clear in which the purpose
is stated.*
Thus, a law that says appointed public officers are to
serve until age of 65 years applies prospectively only. Without
provisions expressly or impliedly making it applicable to
incumbent officers then in office, it is not justified to construe
it to legislate faithful servants out of office.’
Characteristics of public office
Characteristics of a public office include delegation of sovereign
functions, its creation by law and not by contract, an oath, salary,
continuance of the position, scope of duties, and designation of the
position as.an office.”
w
2
THE ESSENTIALS
Delegation of sovereign functions.
Delegation to the individual of some sovereign functions of
government is the most important characteristic in determining
whether a position is a public office or not."
Sovereign functions, defined.
Sovereign functions refer to either legislative, executive, or judicial functions exercised for public benefit," either
directly or indirectly.
Implementation by an ad hoc body of programs on utilization of
culture, arts, literature, and
media
as vehicles
for history, economic
endeavors, and reinvigorating the spirit of national unity and sense of
accomplishment in every Filipino, is executive in nature and is thus a
Hovereign function.”
Administration of a state university by a government scholar in
her capacity as student regent is a sovereign function as she performs
legitimate government function by providing advanced instruction in
literature, philosophy, sciences, and arts and giving professional and
technical training."
Promotion of continuing book publishing industry development
through active participation of the private sector to ensure adequate
supply of affordable, quality-produced books for domestic, and export
market is a sovereign function.”
Creation by law.
The
legislature creates
duration, and annexes
ceases."
the office, defines
compensation.
its powers,
This done,
limits its
legislative power
ER. Mechem, A Treatise on the Law of Public Offices & Officers, cited in Laurel v.
Desierto, G.R. No. 145368, April 12, 2002
ER. Mechem, A Treatise on the Law of Public Offices & Officers, cited in Laurel v.
5Cornejo v. Gabriel, G.R. No. L-16887, Nov. 17, 1920
"Fernandez v. Sto. Tomas, G.R. No, 116418, March 7, 2005
‘Ryan v. Green (1874), 58 N.Y. 295, cited in Segovia v Noel, G.R. No. L-23226,
March 4, 1925
*Segovia v. Noel, G.R. No. L-23226, March 4, 1925
ORR. Mechem, A Treatise on the Law of Public Offices & Officers, cited in Laurel v.
Desierto, G.R. No, 145368, April 12, 2002
Desierto, G.R. No. 145368, April 12, 2002
Laurel v. Desierto, G.R. No. 145368, April 12, 2002
MUP v. CIR, 107 Phil 848 (1960), cited in Serana v. Sandiganbayan, G.R. No. 162059,
Jan. 22, 2008
‘Javier v. Sandiganbayan, G.R. Nos. 147026-27, Sept. 11, 2009
‘Myers v. US (1926), 272 U.S., 52; 71 Law. Ed., 160, citing 1 Annals of Congress,
81, 582; Madison the Federalist, Nos. 47, 46, cited in Government of the Philippine Islands v. Spinger, G-R. No. L-26979, April 1, 1927
4
LAW ON PUBLIC OFFICERS
Chapter |
5
THE ESSENTIALS
The creation and abolition of public offices are primarily legislative
functions. Congress may abolish any office it creates without impairing
officer's right to continue in the position held and that such power may
be exercised for various reasons, such as lack of funds or in the interest
the Civil Service Commission.” Consultancy services are not
considered government service for retirement purposes.”
Consultant, defined.
of economy.
A consultant is one who provides professional advice on matters within his special knowl-
However, in order for abolition to be valid, it must be made in good
faith, not for political or personal reasons, or in order to circumvent
constitutional security of tenure of civil service employees.”
Being primarily legislative, the President cannot create an office
under the guise of his continuing authority to reorganize administrative
structure of the Office of the President. It does not envision, much less
include authority, to create an office under it.
Such continuing authority refers to reduction of personnel,
consolidation or abolition of offices by reason of economy or redundancy
of functions that all point to situations where a body or an office is
already existent but needs to be modified or altered.
The creation of the fact-finding truth commission is not one of the
powers delegated by Congress to the President, apart from offending
equal protection clause as it singles out the immediately preceding
administration only."
But the President is authorized to effect organizational changes
including creation of offices in the department or agency within the
Executive Branch based on his residual power" and authority to change
organizational units and key positions in any department or agency.”
Not by contract.
edge or training. There is no employer-employee
relationship in the engagement of a consultant
but that of client-professional relationship.*
Services of contract of service and job order workers
are not covered
by Civil Service Law
creditable as government
and
rules thus, not
service. They do not enjoy the
benefits enjoyed by government employees such as leave,
PERA,
representation
thirteenth month pay."
and
transportation
allowance,
and
Contract of service refers to engagement of services
of an individual, private firm, other government agency,
non-governmental agency, or international organization as
consultant, learning service provider, or technical expert to
undertake special project or job within a specific period.®
Job order refers to piece work or intermittent or
emergency jobs such as clearing of debris on roads, canals,
waterways, etc. after natural or man-made disasters or
occurrences and other manual or trades and crafts services
such as carpentry, plumbing, electrical, and the like. These
jobs are of short duration and for a specific piece of work.”
Civil service law does not cover contract for consul-
tancy services. Consultancy position is not found in the index of position titles approved by the Department of Budget
“ICSC Res. No. 93-1881, May 25, 1993; COA
and Management. Accordingly, it does not need approval of
Non, 168951 and 169000, July 17, 2013
2C'SC MC No. 38, series of 1993; CSC Res, No. 95-6939, Nov. 2, 1995, cited in Justice
Arturo Brion’s Dissenting Opinion in A.M. No. 10-9-15-SC, cited in Posadas v. Sandiganhayan, G.R, Nos. 168951 and 169000, July 17, 2013
CSC Res. No. 95-6939, Nov. 2, 1995, cited in Justice Arturo Brion’s Dissenting
Opinion in A.M. No. 10-9-15-SC, cited in Posadas v. Sandiganbayan, G.R. Nos, 168951
and 169000, July 17, 2013
"Canonizado v. Aguirre, 380 Phil. 280, 286 (2000)
"Sec. 31, Book III, E.O. 292, Biraogo v. The Philippine ‘Truth Commission of 2010,
G.R. No. 192935, Dec. 7, 2010
:
"Sec. 20, Book III, E.O. 292, cited in Larin v. Executive Secretary, G.R. No. 112745,
Oct. 16, 1997
1997
"Sec. 62, R.A. 7645, cited in Larin v. Executive Secretary, G.R. No. 112745, Oct. 16,
Cire. No. 95-001, Jan. 20, 1995, citing
CNC Office Memorandum No. 55, series of 1993, cited in Posadas v, Sandiganbayan, G.R.
'
Sec, 7.4, Joint CSC-COA-DBM Circular No. 1, series of 2017 on Rules and RegulaHons Governing Contract of Service Workers in the Government
Sec, 5.1, Joint CSC-COA-DBM
Circular No. 1, series of 2017 on Rules and Regula-
Hons Governing Contract of Service Workers in the Government
Sec. 5.4, Joint CSC-COA-DBM Circular No. 1, series of 2017 on Rules and Regula-
lon Governing Contract of Service Workers in the Government
6
Chapter I
LAW ON PUBLIC OFFICERS
THE ESSENTIALS
7
of office.
Office and contract, distinguished.
An oath of office is a qualifying requirement for a public office and
The most important characteristic which
distinguishes office from employment or contract
is that creation and conferring of an office in-
prerequisite to full investiture of the office." Only when the public
cer satisfies this prerequisite can his or her right to enter into the
ition be considered plenary and complete. Until then, he or she has
at all, and for as long as he or she has not qualified, the holdover
tis the rightful occupant.” A public officer who fails to take oath
ilgnify his or her acceptance of the office and the undertaking to
te the trust confided in him or her cannot assume office."
volves delegation to the individual of some sov-
ereign functions of government, to be exercised
by him to benefit the public, that some portion
of sovereignty of the country, either legislative,
executive or judicial, attaches, for the time being,
to be exercised for the public benefit.”
ment of salary.
Not by contract, exception.
Compensation is not an essential element of public office. At
That public office is not created by contract does not
ut, it is merely incidental to it.“ Public officials include elective and
It merely emphasizes legislative authority to create public
career or noncareer service including military and police personnel,
hether or not they receive compensation, regardless of amount.*
necessarily preclude contractual government employment.
office.
A person may hold any public office in government by
ointive officials and employees, permanent or temporary, whether in
A student regent is still a public officer even if she receives mere
virtue of a contract.* Government agencies, are authorized to
lowance and even pays tuition.” Under particular circumstances,
private firms, non-government agencies or individuals for
fees, honorarium, mileage or traveling expenses, payments for services,
and operations, whether on part-time or full-time basis.”
Even if public officer did not receive any compensation during
tenure is of little consequence. A salary is a usual but not a necessary
enter into service contracts with other government agencies,
services related or incidental to their respective functions
Contractual personnel, or those whose employment
in government is in accordance with special contract
to undertake specific work or job, requiring special or
pensation includes allowances for personal expenses, commissions,
fentitution, or a balancing of accounts, salary, and wages.”
trlterion to determine nature of position. It is not conclusive. Salary is a
tere incident and forms no part of the office.
technical skills not available in the employing agency, to
be accomplished within a specific period, which in no case
exceeds one year, and performs or accomplishes specific
work or job, under his own responsibility with minimum
direction and supervision from the hiring
considered noncareer service employees.”
agency,
are
"Chairman Chavez v. Ronidel, 607 Phil. 76, 83 (2009), cited in Republic v. Sereno,
1,8, No, 237428, May 11, 2018
“Lecaroz v. Sandiganbayan, G.R. No. 130872, March 25, 1999
“Martin & Martin, Administrative Law, Law of Public Officers and Election Law,
{140 (1983); Mechem, A Treatise on the Law of Public Offices and Officers, Sec. 253, p102; Words and Phrases, “Failure to Qualify,” citing State v. Boyd, 48 N.W. 739, 751, 31,
Mob, 682
27F.R, Mechem, A Treatise on the Law of Public Offices and Officers, cited in Laurel
v. Desierto, G.R. No. 145368, April 12, 2002
8Sec. 1(a), R.A. 7080
+90, Rules and Regulations Governing Contract of Service and Job Order Workers in the Government, CSC-COA-DBM Joint Circular No. 1, series of 2017, June 15, 2017
"Sec. 9, E.O. 292
“Laurel v. Desierto, G.R. No. 145368, April 2, 2002, cited in Serana v, Sandigan-
hayan, G.R. No. 162059, Jan. 22, 2008
“Sec. 3(b), R.A. 6713
“'Serana vy. Sandiganbayan, G.R. No. 162059, Jan. 22, 2008
W15 CJ.S. Compensation, p. 654, cited in Laurel v. Desierto, G.R. No. 145368, April
12, 2002
8
LAW ON PUBLIC OFFICERS
Chapter I
THE ESSENTIALS
An office without salary or fees annexed is a naked or honorary
office, and is supposed to be accepted merely for public good, as
opposed to a lucrative office or an office for profit, one to which salary,
compensation, or fees are attached. But it is a public office, nonetheless."
Continuance of position.
The element of continuance or permanency is not indispensable.
If other elements are present, it can make no difference, whether there
be but one act or a series of acts to be done, whether the office expires
as soon as the one act is done, or is to be held for years or during good
behavior.”
That the executive order creating a national commission
characterizes it as an ad hoc body which existence terminates upon
completion of all activities related to its purpose does not make it less
of a public office.”
a charge against the Republic, which is not amenable to judgment
rf monetary claims without its consent.“
However, a public officer is by law not immune from damages
t his or her personal capacity for acts done in bad faith which, being
(side scope of authority are no longer protected by the mantle of
Immunity for official actions."
assignation of position as an office.
Where the National Internal Revenue Code does not authorize
the Bureau of Internal Revenue to designate a private individual as
funtodian of distrained property, such designation does not make
him a public officer. The power to authorize a private person to act
a4 Custodian does not include power to appoint as public officer.* No
ae can be validly appointed to an inexistent position, not being in
e state college plantilla.”
Public officer
Scope of duties.
In order that acts may be done within scope of official authority,
it is not necessary that they be prescribed by statute, or be specifically
directed or requested by a superior officer.
It is sufficient if they are done by an officer in relation to matters
committed by law to his or her control or supervision, or that they have
more or less connection with such matters, or that they are governed
by a lawful requirement of the department under whose authority the
officer acts.
As a rule, a public officer is not personally liable to one injured
in consequence of an act performed within scope of his or her official
authority, and in line of official duty.* A public officer is not liable for
damages that a person may suffer arising from just performance of
official duties and within scope of assigned tasks* as it would virtually
*Laurel v. Desierto, G.R. No. 145368, April 12, 2002
Pearson, C]., cited in Laurel vy, Desierto, G.R. No. 145368, April 12, 2002
“Laurel v. Desierto, G.R. No. 145368, April 12, 2002
"43 Am. Jur., pp. 85-86, cited in PASI v. Lichauco, G.R. No. 142362, May 3, 2006
243 Am. Jur., pp. 85-86, cited in PASI v. Lichauco, ibid.
*Orocio v. COA, G.R. No. 75959, Aug. 31, 1992, cited in Agpalo, Philippine Administrative Law, 2004 Ed, p. 473, cited in Vinzons-Chato v. Fortune Tobacco Corp., G.R.'
No. 141309, June 19, 2007
9
Public officer, defined.
Several laws define who a public officer is. The Act Defining and
lenalizing the Crime of Plunder refers to a public officer as any person
holding any public office in government by virtue of an appointment,
election or contract."
The Revised Penal Code defines public officer as any person
who, by direct provision of law, popular election or appointment by
competent authority, takes part in performance of public functions in
overnment, or performs in it or any of its branches public duties as an
employee, agent, or subordinate official, of any rank or class.”
The Anti-Graft and Corrupt Practices Act includes elective and
Appointive officials and employees, permanent or temporary as public
officers, whether in classified or unclassified or exemption service
“Republic v. CA, G.R. No. 86147, Feb. 26, 1990, cited in Vinzons-Chato y. Fortune
‘Tobacco Corp., G.R. No. 141309, June 19, 2007
“Meneses v. CA, G.R. No. 82220, July 14, 1995, cited in Vinzons-Chato v. Fortune
Tobacco Corp., G.R. No. 141309, June 19, 2007
“’Azarcon vy, Sandiganbayan, 268 SCRA 747
"Gloria v. De Guzman, G.R. No. 116183, Oct. 6, 1995
“Sec. 1(a), R.A. 7080
“Art. 203, Revised Penal Code
10
LAW ON PUBLIC OFFICERS
Chapter I
11
THE ESSENTIALS
receiving compensation, even nominal, from the government.* But this
definition of public officer is expressly limited to application of that law.
It does not apply when determining jurisdiction of the Ombudsman.
For while salary may be a usual criterion to determine whether an
individual is a public officer, it is not necessary. It is a mere incident and
forms no part of the office.
These varying definitions may have cast doubt on the identity of a
public officer. But the most important characteristic which distinguishes
office from employment or contract is that the creation and conferring of
an office involves delegation to individual of some sovereign functions
of government, either legislative, executive, or judicial, attaches, for the
time being, to be exercised to benefit the public.
When powers conferred are of this nature, the individual who
exercises them is a public officer who thus refers to an individual
invested with some portion of sovereign functions of government, to
be exercised for public benefit.™
may
Public
officials
include
elective
and
appointive
officials. and
ployees, permanent or temporary, whether in career or non-career
ce, including military and police personnel, whether or not they
ive compensation, regardless of amount.”
Classification of civil service positions
Civil service positions are classified into either career service or
foncareer service positions.®
Caroer service positions, characteristics.
Career service positions are characterized by entrance based on
merit and fitness to be determined as far as practicable by competitive
examinations,” or based on highly technical qualifications, opportunity
for advancement to higher positions, and security of tenure.*’
Private individual as public officer.
A private person
ublic officers, enumerated.
be held
liable for graft and
corruption if charged in conspiracy with a public officer™
either as coprincipal, accomplice or accessory of a public
officer or employee charged with a crime.*
A private sector representative appointed to the
National Book Development Board is considered a public
officer as she performs sovereign function to promote
continuing development of the book publishing industry
through active participation of the private sector, to ensure
adequate supply of affordable, quality-produced books for
domestic and export market.”
Career service positions, enumerated.
(a)
Open career positions for appointment to which
(b)
Closed
prior qualification in an appropriate examination is required;
career
positions
that are scientific,
or
highly technical in nature including faculty and academic
staff of state colleges and universities, and scientific and
technical positions in scientific or research institutions that
establish and maintain their own merit systems;
(c)
Positions in the Career Executive Service, namely,
Undersecretary,
Assistant
Bureau
Assistant
Director,
Secretary,
Regional
Bureau
Director,
Director,
Assistant
Regional Director, Chief of Department Service and other
officers of equivalent rank as may be identified by the Career
Executive Service Board, all of whom are appointed by the
“Sec. 2(b), R.A. 3019
“'Laurel v. Desierto, G.R. No. 145368, April 12, 2002
“FR. Mechem, A Treatise on the Law of Public Offices and Officers, cited in Laurel
President;
v. Desierto, G.R. No. 145368, April 12, 2002
FR, Mechem, A Treatise on the Law of Public Offices and Officers cited in Laurel
v. Desierto, G.R. No. 145368, April 12, 2002
“Go v. Sandiganbayan, G.R. No. 172602, April 13, 2007
*Azarcon v. Sandiganbayan, 268 SCRA 747
“Javier v. Sandiganbayan, G.R. No. 147026-27, Sept. 11, 2009
"See. 3(b), R.A. 6713
“EO. 292, Book V, Title I, Subtitle A, Chapter 2, Sec. 6(2), cited in CSC v. Javier,
(,R, No. 173264, Feb. 22, 2008
Sec. 2(2), Art. IX(B), 1987 Constitution
“Sec. 7, Chapter 2, Title (A), Book V, E.O, 292, cited in CSC v. Javier, G.R. No.
174264, Feb. 22, 2008
12
Chapter I
LAW ON PUBLIC OFFICERS
(d)
Career officers,
other
than
those
in the Career
Executive Service, who are appointed by the President, such
as the Foreign Service Officers in the Department of Foreign
Affairs;
(e)
Commissioned officers and enlisted men of the
Armed Forces that maintain a separate merit system;
(f)
Personnel
of government-owned
or controlled
corporations whether performing governmental or propri-
etary functions, who do not fall under the noncareer service;
and,
(g)
Permanent
skilled, or unskilled.”
laborers,
whether
skilled,
semi-
status.
A permanent appointment is issued to a person who
meets all requirements for the position to which he or
she is being appointed, including appropriate eligibility
prescribed, in accordance with provisions of law and
promulgated rules and standards.
A temporary appointment is issued, in the absence
of appropriate eligible individuals and when it becomes
necessary in the public interest to fill a vacancy, to a person
who meets all requirements for the position to which he
or she is being appointed except appropriate civil service
does not exceed
Positions that do not fall under career service are considered non-
er positions characterized by entrance on bases other than those of
usual tests of merit and
fitness utilized for career service, and, ten-
which is limited to a period specified by law, or which is co-terminus
ith that of the appointing authority or subject to his or her pleasure,
which is limited to duration of a particular project for which purpose
\ployment was made.*
Noncareer service positions, enumerated.
(a) Elective officials and their personal or confidential
staff; (b) Secretaries and other officials of Cabinet rank who
hold their positions at pleasure of the President and their
personal and confidential staff; (c) Chair and members of
Career positions are subclassified according to nature
of appointment, divided into permanent and temporary
provided
oncareer service positions, characteristics.
commissions and boards with fixed terms of office and their
Career service positions, subclassified.
eligibility,
13
THE ESSENTIALS
that
such
twelve months,
temporary
and
appointment
appointee may
be
replaced sooner if a qualified civil service eligible becomes
available.
*ISec. 7(2), Chapter 2, Title I(A), Book V, E.O, 292, cited in CSC y, Pililla Water Dis-
trict, G.R. No. 190147, March 5, 2013
Sec. 27, Chapter 5, Title I(A), Book V, E.O. 292, cited in CSC
173264, Feb. 22, 2008
v. Javier, G.R. No.
personal or confidential staff; (d) Contractual personnel or
those whose employment in the government is in accordance
with a special contract to undertake a specific work or job,
requiring special or technical skills not available in the
employing agency, to be accomplished within a specific
period, which in no case exceeds one year, and performs
or accomplishes the specific work or job, under his own
responsibility with a minimum of direction and supervision
from
the hiring agency; and, (e) Emergency
personnel.*
and
seasonal
The constitutional mandate that appointments in the civil service
are made only according to merit and fitness to be determined, as far as
practicable, by competitive examination,” applies only to career service
positions.
It does not apply to noncareer service positions that are policy-
determining, primarily confidential
excluded from the merit system and
In it may be dismissed at pleasure.
tlegree of confidence, or are closely
or highly technical as they are
officers and employees appointed
These positions involve highest
bound out with and dependent
“Sec. 9, Chap 5, Title (A), Book V, E.O. 292, cited in CSC v. Javier, G.R. No. 173264,
Ileb, 22, 2008
“Sec. 9, EO. 292
See. 2(2), Art. IX(B), 1987 Constitution
14
LAW ON PUBLIC OFFICERS
Chapter I
15
THE ESSENTIALS
on other positions to which they are subordinate, or are temporary in
in the occupant of a position that is primarily
nature.°°
But appointments
to these noncompetitive
positions
confidential which denotes not only confidence
in aptitude of appointee for the duties of office
but primarily close intimacy which insures freedom of discussion, delegation, and reporting
without embarrassment or freedom from misgiv-
are also
made according to merit and fitness, but not determined by competitive
examinations but by other modes that may be prescribed by law such
as a certain level of academic degree.”
ings of betrayals of personal trust or confidential
The primary purpose in declaring a position as policy-determin-
ing, primarily confidential or highly technical is to exempt these cat-
matters of state.”!
and fitness. But these positions are covered by security of tenure, although considered noncompetitive only in the sense that appointees to
derived.” A primarily confidential position is
characterized by close proximity of positions of
egories from competitive examination as a means to determine merit
From this ruling, the proximity rule was
it do not have to undergo competitive examinations to determine merit
appointer and appointee as well as high degree
of trust and confidence inherent in their relationship” that allows unfettered communication and
and fitness.
Policy-determining position.
discussion on the most confidential matters.”
It is one charged with duty to formulate a method
In classifying a position as primarily confidential, its functions must not be routine, ordi-
of action for government or any of its subdivisions. A city
engineer does not occupy a policy-determining position as
nary and day-to-day in character.” A position is
not necessarily confidential though the one in of-
his job is to execute policy, not make it.”
Primarily confidential position.
fice may sometimes hold confidential matters or
documents.”
Primarily confidential positions fall under noncareer
service. Unlike career positions, primarily confidential and
Indeed, physicians handle confidential matters. Judges, prosecutors and court stenographers
other noncareer positions do not have security of tenure. The
generally handle matters of similar nature. The
Presiding and Associate Justices of the Court of
tenure of a confidential employee is co-terminus with that of,
or at pleasure of appointing authority. However, confiden-
Appeals sometimes investigate, by designation
tial employee may be appointed or remain in position even
beyond compulsory retirement age of 65 years.”
of the Supreme Court, administrative complaints
against judges of lower courts, which are confidential in nature.
Proximity rule.
Every appointment implies confidence, but
“De los Santos v. Mallare, 87 Phil. 289 (1950), cited in CSC v. Javier, G.R. No.
much more than ordinary confidence is reposed
1Y264, Fel. 22, 2008
CSC v. Pililla Water District, G.R. No. 190147, March 5, 2013
Borres v. CA, G.R. No. L-36845, Aug. 21, 1987, cited in CSC v. Javier, G.R. No.
“De Los Santos v. Mallare, G.R. No. L-3881, Aug. 31, 1950
171264, Feb. 22, 2008
“The 1987 Constitution of the Republic of the Philippines: A Commentary, by Ber-
nas, S.J., 1996 Ed., p. 912
CSC v. Salas, G.R. No. 123708, June 19, 1997
“De Los Santos v. Mallare, G.R. No. L-3881, Aug. 31, 1950
Sec. 12, Rule XIII, CSC’s Revised Omnibus Rules on Appointments and Other
Personnel Actions, cited in CSC vy. Javier, G.R. No. 173264, Feb. 22, 2008
:
“CSC v. Javier, G.R. No. 173264, Feb. 22, 2008, cited in CSC v. Pililla Water District,
(1, No, 190147, March 5, 2013
.
os
Iria y. Sto. Tomas, G.R. No. 85670, July 31, 1991; Ingles v. Mutuc, 135 Phil. 177
(1068), cited in CSC v. Javier, G.R. No. 173264, Feb. 22, 2008
via v. Sto. Tomas, 276 Phil. 923 (1991); Ingles v. Mutuc, 135 Phil. 177 (1968), cited
In CSC y, Javier, G.R. No. 173264, Feb. 22, 2008, cited in CSC v, Pililla Water District, G.R.
No, 190147, March 5, 2013
16
LAW ON PUBLIC OFFICERS
Chapter |
17
THE ESSENTIALS
Officers of the Department of Justice like-
wise investigate charges against municipal judges. Assistant Solicitors in the Office of the Solici-
tor General often investigate malpractice charges
against members of the Bar.
All of these
are confidential
matters,
but
such fact does not warrant conclusion that office
or position of all government physicians and all
judges, as well as assistant solicitors and officers
of the Department of Justice are primarily confidential in character.”
Primarily confidential position, examples.
The
following
positions
are classified as primarily
confidential: PNB Chief Legal Counsel,”* Confidential Agent,
corporate
secretary
of a government-owned
or
appointing power and calls for highest degree of confidence
between appointer and appointee.
The nature and duties attached to the position
points to its highly confidential character,“ as she reports
directly to the board of directors, without an intervening
officer in between them.” In such an arrangement, the
board expects from the secretary nothing less than highest
degree of honesty, integrity, and loyalty, which is crucial to
maintaining between them freedom of intercourse without
embarrassment or freedom of misgivings or betrayals of
personal trust or confidential matters of state.”
Office of the GSIS Auditor,” Sangguniang Bayan Secretary,”
Classifying authority.
Guard, Office of the Vice-Mayor,* Secretary to the Board
of a government corporation, City Legal Counsel, City
for determining primarily confidential positions in the civil
service. Neither is there a law that enumerates positions
Secretary of a state college,” and Corporate Secretary of the
classification by the Civil Service Commission
Secretary to the City Mayor,*' Senior Security and Security
Legal Officer or City Attorney," Private Secretary, Board
GSIS Board of Trustees.‘
Ingles v. Mutuc, 135 Phil. 177 (1968), cited in CSC v. Javier, G.R. No. 173264, Feb.
22, 2008
”8Besa v. PNB, 144 Phil. 282 (1970), cited in CSC v. Javier, G.R. No. 173264, Feb. 22,
2008
The
controlled corporation occupies a primarily confidential
position as it is clearly in close proximity and intimacy with
Salazar v. Mathay,
Feb. 22, 2008
165 Phil. 256 (1976), cited in CSC
v. Javier, G.R. No. 173264,
Cortez v. Bartolome, G.R. No. L-46629, Sept. 11, 1980, cited in CSC v. Javier, G.R.
No. 173264, Feb. 22, 2008
*ISamson v. CA, 230 Phil. 59, 65 (1986), cited in CSC v. Javier, G.R. No. 173264, Feb.
22, 2008
There is no law that defines or sets definite criteria
classified as primarily
confidential.
What
is available is
of civil
service positions as primarily confidential,” but it, and those
made by legislative or executive branches, does not bind the
Court.”
The rule stays that executive and legislative iden-
tification or classification of primarily confidential, policy-
determining or highly technical positions in government
is no more than mere declarations, and does not foreclose
judicial review, especially in the event of conflict.
Far from what
is merely
declared
by executive
or
legislative fiat, it is the nature of position that finally
®2Borres vy. CA, G.R. No. L-36845, Aug. 21, 1987, cited in CSC v. Javier, G.R. No.
173264, Feb. 22, 2008
“Gray v. De Vera, 138 Phil. 279 (1969), cited in CSC v. Javier, G.R. No. 173264, Feb.
22, 2008
“Hilario v. CSC, 312 Phil. 1157 (1995), Grio v. CSC, G.R. No. 91602, Feb, 26, 1991,
cited in CSC vy. Javier, G.R. No. 173264, Feb. 22, 2008
Ingles v. Mutuc, 135 Phil. 177 (1968), cited in CSC v. Javier, G.R. No. 173264, Feb.
22, 2008
“Gloria v. De Guzman, 319 Phil. 217 (1995), cited in CSC v. Javier, G.R. No. 173264,
Feb. 22, 2008
“CSC v. Javier, G.R. No. 173264, Feb. 22, 2008
"Borres v, CA, G.R. No. L-36845, Aug. 21, 1987, cited in CSC v. Javier, G.R. No.
1Y\264, Feb. 22, 2008
™Grio v. CSC, G.R. No. 91602, Feb. 26, 1991, cited in CSC v. Javier, G.R. No. 173264,
Hab, 22, 2008
‘
“CSC v. Javier, G.R. No. 173264, Feb. 22, 2008, citing De los Santos v. Mal-
lave, 87 Phil. 298 (1950)
"ICSC y. Javier, G.R. No. 173264, Feb. 22, 2008
“CSC vy. Salas, G.R. No. 123708, June 19, 1997, Grio v. CSC, G.R. No. 91602, Feb. 26,
101, elted in CSC v. Javier, G.R. No. 173264, Feb. 22, 2008
18
Chapter I
LAW ON PUBLIC OFFICERS
determines
whether
it is primarily
confidential,
Bureau,'" Provincial Administrator," PAGCOR Internal
Security Staff," Casino Operations Manager," and Slot
policy
determining or highly technical, and no department is better
qualified to make such ultimate finding than the judicial
branch.
The
Court
determines
the nature
Machine Attendant.
Classification, basis.
of a particular
Notwithstanding
position, such as whether it is primarily confidential, without
determines
Where findings of various government agencies like the
Civil Service Commission and the Court of Appeals are in
legislature
not consider
thus,
confidential, brought upon by
position of appointing authority:
City
Engineer,”
Asst.
the
Court
on
various
their remoteness
to the
these positions
Secretary
to
whether
a position
in defining policy determining,
highly technical positions."
as primarily
the
to
is primarily confidential,
The nature of position still controls, despite the fact
Despite having been previously declared as primarily
or the
classification
that later enactments, like the Administrative Code of 1987!
and the 1987 Constitution,'” omitted the phrase in nature
confidential positions either by their respective appointing
did
statutory
policy determining or highly technical."
conflict, the Court must exercise its constitutional role as
final arbiter of all justiciable controversies and disputes.”
authorities
any
the contrary, it is still the nature of position, as may be
ascertained by the court in case of conflict, which finally
being bound by prior classifications by other bodies” that
are merely considered initial and inconclusive to the Court.”
occasions
19
THE ESSENTIALS
primarily
confidential or
In nature, discussed.
It is not enough that the law calls the position primarily confidential to make it such. It is
the nature of duties that makes a position primar-
Mayor,*
Customs Police Force or Port Patrol members,” Special
Asst. of the Central Bank Governor, Export Department,
ily confidential."
Senior Executive Assistant, Clerk I, Supervising Clerk I and
Stenographer in the Office of the President," Management
While the law expressly provides all em-
ployees of casinos and related services are clas-
and Audit Analyst I of the Finance Ministry Intelligence
Tria v. Sto. Tomas, G.R. No. 85670, July 31, 1991, cited in CSC v. Javier, G.R. No.
173264, Feb. 22, 2008
CSC v. Javier, G.R. No. 173264, Feb. 22, 2008
Piero y. Hechanova, 124 Phil. 1022, 1026 (1966), cited in CSC v, Javier, G.R. No.
03] aurel v, CSC, G.R. No. 71562, Oct. 28, 1991, cited in CSC v. Javier, G.R. No.
173264, Feb. 22, 2008
173264, Feb. 22, 2008
Laurel v. CSC,
173264, Feb. 22, 2008
G.R.
No.
71562, Oct. 28,
1991, cited in CSC
v. Javier, G.R.
IMOSC vy. Salas, G.R. No. 123708, June 19, 1997, cited in CSC v. Javier, G.R. No.
No.
173264, Feb. 22, 2008
™Pagcor v. Rilloraza, 412 Phil. 114 (2001), cited in CSC vy. Javier, G.R. No. 173264,
“Firestone Ceramics v. CA, 372 Phil. 401, 424 (1999), cited in CSC v, Javier, G.R.
Feb, 22, 2008
No. 173264, Feb. 22, 2008
De
6Pagcor v. Angara, G.R. No. 142937, Nov. 15, 2005, cited in CSC v. Javier, G.R. No.
Los Santos v. Mallare, 87 Phil 298 (1950), cited in CSC vy, Javier, G.R. No.
173264, Peb. 22, 2008
173264, Feb. 22, 2008
"Piero v. Hechanova, G.R. No. L-22562, Oct. 22, 1966, cited in CSC y. Salas, G.R.
Samson v. CA, 230 Phil. 59, 65 (1986), cited in CSC v. Javier, G.R. No. 173264, Feb.
No. 123708, June 19, 1997
22, 2008
Piero v. Hechanova,
Feb. 22, 2008
™§Sec, 12(9) Book V, E.O. 292, cited in CSC v. Salas, G.R. No. 123708, June 19, 1997
124 Phil. 1029 (1966), cited in CSC v. Javier, G.R. No. 173264,
Sec. 2(2), Art. IX-B, 1987 Constitution, cited in CSC
June 19, 1997
"Corpus v, Cuaderno, Sr, 121 Phil. 568, 569 (1965), cited in CSC v. Javier, G.R. No.
'WCSC y, Salas, G.R. No. 123708, June 19, 1997
173264, Feb. 22, 2008
22, 2008
Ingles v. Mutuc, 135 Phil. 177 (1968), cited in CSC v. Javier, G.R. No. 173264, Feb.
»
v. Salas; G.R. No.
123708,
Delegate Bernas, Record of the Constitutional Commission, Vol. I, 571-572, cited
in CSC v. Salas, G.R. No, 123708, June 19, 1997
20
Chapter I
LAW ON PUBLIC OFFICERS
Kinds of public officers
sified as confidential employees"? and the Civil
Service Commission resolved employees in casi-
One is the truth of a man,
nos and related services are confidential appointees by operation of law,'" a member of the Inter-
the other is what is thought of him.”
nal Security Staff of the Philippine Amusement
and Gaming Corporation does not hold a primarily confidential position where job description is struck by the ordinary, routine and quo-
tidian character of his duties and functions,"* not
involving such close intimacy between him and
appointing authority as would ensure freedom
from misgivings or betrayals of personal trust."
Highly technical means something beyond ordinary
of
the
profession."
@ Jure and de facto officer, defined.
.
De jure means “e]xisting by right or according to law.”™ De facto
eans “in point of fact.” To speak of something as being de facto is thus,
say that itis “[a]ctual [or] existing in fact.”'* Being factual though not
g, founded on right or law, de facto is, therefore, “illegitimate but in
wffect.”'
A de facto officer is one who possesses an office and who openly
exercises its functions under color of an appointment or election, even
though such appointment or election may be irregular.
Highly technical position.
requirements
21
THE ESSENTIALS
It requires
occupant
to possess a technical skill or training in the supreme or
superior degree. While the position of city engineer is
technical, it is not highly so, As a matter of fact, his duties are
eminently administrative in character and could very well
be discharged by non-technical men with executive ability.”
Highly technical position, examples.
It refers to closed career positions that are scientific, or
highly technical in nature. It includes faculty and academic
He possesses an office, and discharges its duties under color of
authority, by which is meant authority derived from an appointment,
however irregular or informal, so that the incumbent be not a mere
volunteer.’
Consequently,
the acts of de facto officer are as valid
for all
purposes as those of a de jure officer, in so far as the public or third
persons interested are concerned.” As such, de facto officer cannot be
made to reimburse funds disbursed during his term of office.”
A de facto officer derives appointment from one having colorable
authority to appoint, if the office is an appointive office, and whose
staff of state colleges and universities, and scientific and
technical positions in scientific or research institutions that
establish and maintain their own merit systems."
'9CSC y. Joson, 473 Phil. 859 (2004), citing Ridout v. State, 30 S.W. 2d. 255 (1930),
ited in A.M. No. 13-04-03-SC, Dec. 10, 2013
20Black’s Law Dictionary 458 (8th Ed., 2004), cited in A.M. No. 13-04-03-SC,
Dee, 10, 2013
Sec. 16, PD. No. 1869, cited in CSC v. Salas, G.R. No. 123708, June 19, 1997
'1Black’s Law
Dee, 10, 2013
'2Black’s
Law
Dictionary 448 (8th Ed., 2004), cited in A.M.
No.
13-04-03-SC,
in A.M.
No.
13-04-03-SC,
Dictionary
448
(8th
Ed.,
2004),
cited
"3CSC Resolution No, 91-830, July 1, 1991, cited in CSC v. Salas, G.R. No, 123708,
Dee, 10, 2013
"NCSC vy. Salas, G.R. No. 123708, June 19, 1997
"SBorres v. CA, G.R. No. L-36845, Aug. 21, 1987, cited in CSC v, Salas, G.R. No.
Dee, 10, 2013
'4General Manager, PPA v. Monserate, G.R. No. 129616, April 17, 2002, cited in
June 19, 1997
123708, June 19, 1997
"Delegate Bernas, Record of the Constitutional Commission, Vol. 1, 571-572, cited
in CSC v. Salas, G.R. No.
123708, June 19, 1997
"De Los Santos v, Mallare, G.R. No. L-3881, Aug. 31, 1950
"8Sec. 7(2), Chapter 2, Title I(A), Book V, E.O. 292, cited in CSC v. Pililla Water
District, G.R. No. 190147, March 5, 2013
MBlack’s Law Dictionary 448 (8th Ed., 2004), cited in A.M. No. 13-04-03-SC,
Zoleta v. Sandiganbayan, G.R. No, 185224, July 29, 2015
“5Djimaandal v. COA, 353 Phil. 525, 534 (1998), citing the Philippine Law Diction-
“ty, p. 162, cited in Zoleta v. Sandiganbayan, G.R. No. 185224, July 29, 2015
26Funa v. Agra, G.R. No. 191644, Feb. 19, 2013, cited in Zoleta v. Sandiganbayan,
CR, No, 185224, July 29, 2015
'7/Sampayan v. Daza, G.R. No. 103903, Sept. 11, 1992
22
LAW ON PUBLIC OFFICERS
Chapter |
23
THE ESSENTIALS
appointment is valid on its face. He possesses an office and discharges
As against a mere usurper, it is the color of authority,
not the color of title that distinguishes an officer de facto
its duties under color of authority, by which is meant authority derived
from appointment, however irregular or informal, so that the incumbent
from a usurper' who possesses an office and undertakes to
act officially without any color or right or authority, either
actual or apparent. A usurper is no officer at all.'®
be not a mere volunteer.'*
Where
representatives
of ex-officio members
of the National
Amnesty Commission were not appointed but merely designated to act
as such, they cannot be considered de facto officers and are not entitled
to receive honoraria their own principals are prohibited to receive.”
More so when an employee is merely designated in acting
capacity, he is not entitled to difference in salary between his regular
position and the higher position to which he is designated.™
De facto and de jure officer, distinguished.
An officer de facto is to be distinguished from an officer
ia facto doctrine, discussed.
The acts of a de facto officer are just as valid for all purposes as
thone of a de jure officer, in so far as the public or third persons who are
Interested are concerned’ as they cannot always investigate the right
of one assuming to hold an important office and, as such, have a right
{© assume that officials apparently qualified and in office are legally
auch!”
Public interest demands
acts of persons holding, under color
de jure, and is one who has reputation or appearance of being
uf title, an office created by a valid statute be likewise deemed valid
has no right or title to the office he assumes to hold.!"!
concerned."
The difference between the basis of authority of a de jure
officer and that of a de facto officer is that one rests on right,
the other on reputation. It may be likened to the difference
between character and reputation. One is the truth of a man,
the other is what is thought of him. '*
doctrine has been formulated, not to protect the de facto officer
rincipally, but rather to protect the public and individuals who get
nvolved in official acts of persons discharging duties of an office
the officer he assumes to be but who, in fact, under the law,
Insofar as the public, as distinguished from the officer in question, is
Indeed, it is far more cogently acknowledged
without being lawful officers."
De facto officer and usurper, distinguished.
De facto exercise of duties, instances.
An officer de facto is distinguished from a mere usurper
or intruder by the fact that the former holds by some color
of right or title while the latter intrudes upon the office and
assumes to exercise its functions without either the legal title
or color or right to such office."
"8Dimaandal y. COA, 291 SCRA 322, 329 (1998), cited in NAC v. COA, G.R. No.
156982, Sept. 8, 2004
PINTAC v. COA, G.R. No. 156982, Sept. 8, 2004
\°Dimaandal v. COA, G.R. No. 122197, June 26, 1998
“IMcQuillin, Municipal Corporations, Vol. 3, Third Ed., pp. 376-377, cited in Co-
dilla v. Martinez, G.R. No. L-14569, Nov. 23, 1960
CSC y. Joson, 473 Phil. 859 (2004), citing Ridout v. State, 30 S.W. 2d. 255 (1930),
cited in A.M, No. 13-04-03-SC,; Dec. 10, 2013
BMecQuillin, Municipal Corporations, Vol. 3, Third Ed., pp. 376-377, cited in Codilla v. Martinez, G.R. No. L-14569, Nov. 23, 1960
that the de facto
The de facto doctrine was established to contemplate
situations where duties of the officer were exercised:
(a) Without known appointment or election, but
under such circumstances of reputation or acquiescence as
\MCSC v, Joson, 473 Phil. 859 (2004), citing Ekern v. McGovern, 142 N.W. 595 (1913),
elted in A.M. No. 13-04-03-SC, Dec. 10, 2013
W5ETS, De Leon and H.M. De Leon, Jr., The Law on Public Officers and Election
Law
112, (2008) citing 63A Am. Jur. 2d 1082, cited in A.M. No. 13-04-03-SC, Dec. 10, 2013
‘6Funa v. Agra, G.R: No. 191644, Feb. 19, 2013, cited in Laud v. People, G.R. No.
:
199032, Nov. 19, 2014
137A _M. No, 13-04-03-SC, Dec. 10, 2013, cited in Laud v. People, G.R. No. 199032,
;
Noy, 19, 2014
:
'8Gonzales v. Comelec, 129 Phil. 7, 29 (1967), cited in Laud v. People, G.R. No.
199032, Nov. 19, 2014
“Monroy. v. CA, 127 Phil. 1,.7 (1967), cited in Laud v. People, G.R. No. 199032,
Nov, 19, 2014
;
24
Chapter |
LAW ON PUBLIC OFFICERS
were calculated to induce people, without inquiry, to submit
the position by virtue of a supervening legal technicality. As
such, the search warrant he issued remains valid.'”
or invoke his action, supposing him to be the officer he
assumes to be;
(b)
Under
color
of known
or valid
to some
precedent requirement or condition, for example, a failure
to take oath or give a bond, or similar defect;
(c) Under color of known election or appointment,
void because the officer was not eligible, or because there
was [a] want of power in the electing or appointing body, or
by reason of some defect or irregularity in its exercise, such
ineligibility, want of power or defect being unknown to the
public; and
Under color of election, or appointment, by or
pursuant to a public unconstitutional law, before the same is
adjudged to be such.”
De facto doctrine, elements.
In order for de facto doctrine to apply, all of these elements must
concur: (a) there must be a de jure office, (b) there must be color of right
or general acquiescence by the public, and (c) there must be actual
physical possession of office in good faith.""
To constitute a de facto officer, there must be an office having a de
facto existence, or at least one recognized by law and the claimant must
be in actual possession of office under color of title or authority.“
Color of right, example.
After being duly appointed as vice-executive judge, he
has colorable right to office even if subsequently divested of
“Luna v. Rodriguez, 37 Phil. 192 citing State v. Carroll, 38 Conn., 449; Wilcox v.
Smith, 5 Wendell [N.Y.], 231; 21 Am. Dec. 213; Sheehan’s Case, 122 Mass., 445; 23 Am.
Rep., 323, cited in A.M. No. 13-04-03-SC, Dec. 10, 2013
'!Tuanda v. Sandiganbayan, 319 Phil. 460, 472 (1995), cited in Laud v. People, G.R.
No. 199032, Nov. 19, 2014
'2State v. Babb, 124 W. Va. 428, 20 S.E. (2d) 683. (McQuillin, Municipal Corporations, Vol. 3, Third Ed., p- 383), cited in Codilla v. Martinez, G.R. No. L-14569, Nov. 23,
1960
The official acts of a third ranking municipal councilor,
who was irregularly designated as acting mayor, were cured
appointment
or election, where the officer failed to conform
(d)
25
THE ESSENTIALS
_
of any legal infirmity after they were subsequently endorsed
and ratified by the incumbent mayor when he returned to
office."
General acquiescence, example.
There is general
public acquiescence
warrant application was
regularly endorsed
when
search
to the vice-
executive judge by the office of the clerk of court under his
apparent authority as such."
De facto officer, entitlement to salary.
A de facto officer is entitled to be paid for actual services rendered,
except where there is a sitting de jure officer.”
The general rule is where there is a de jure officer, the de facto officer
in not entitled to salaries and emoluments even if he occupied office
in good faith. Except when de jure officer occupied a lower position
under protest and subsequently appointed to disputed higher position,
the de jure officer is entitled to salary differential to avoid double
tompensation.'”
Designation of a Supply Officer II as Acting Provincial Treasurer
for Administration by the governor is defective for lack of authority to
designate. As such, he is not entitled to the salary attached to the latter
office. The right to salary is based on assumption the appointment or
tlesignation was made in accordance with law.
The nature of designation and absence of authority for the gover-
nor to designate do not make the designee a de facto officer because he
did not derive his appointment or designation from one having colorable authority to appoint or designate.”
“3Laud v. People, G.R. No.
\4Codilla v. Martinez, G.R.
'SLaud v. People, supra
'“Sampayan y. Daza, G.R.
'’7General Manager of PPA
48D imaandal v. COA, G.R.
199032, Nov. 19, 2014
No. L-14569, Nov. 23, 1960
No. 103903, Sept. 11, 1992
v. Monserate, G.R. No. 129616, April 17, 2002
No. 122197, June 26, 1998
Chapter II
QUALIFICATIONS AND DISQUALIFICATIONS TO PUBLIC OFFICE
27
preceding election day, and age, at least 23 years on election
day.’
Qualifications for elective officers
Chapter II
Qualifications common to all elective officers: no person is elected
to public office unless he or she is a Filipino citizen, of sufficient age,
QUALIFICATIONS AND DISQUALIFICATIONS
TO PUBLIC OFFICE
residence, registered as a voter, and able to read and write.‘ In case of
local elective officials, it further qualified able to read and write Filipino or
any other local language or dialect.*
Authority to prescribe.
It is inarguable that Congress has plenary authority to prescribe
qualifications to a public office. It may not however prescribe
qualifications such that the President is entirely stripped of discretion,
thus converting appointment to a mere ministerial act.'
Qualifications, when possessed.
Qualifications
for
public
office,
whether
elective
or
not,
are
continuing requirements. They must be possessed not only at the
time of appointment or election, or of assumption to office, but during
officer’s entire tenure.’
Exception.
In one case that probably belongs to a league of its
own, it was held citizenship requirement under the Local
Government Code of 1991 need not be possessed by an
elective official at the time of election, but must be at the
time he is proclaimed or at the start of term of office to which
he has been elected, at the latest.
and
The law speaks about elected officials, not candidates,
does not specify any particular
President and Vice President.
No person may be elected President or Vice President unless
4“ natural-born Filipino citizen, a registered voter, able to read and
write, at least forty of age on the day of election, and a resident of the
Philippines for at least ten years immediately preceding such election.
Senator.
No person shall be a Senator unless a natural-born Filipino citizen,
and, on the day of election, is at least 35 years of age, able to read and
write, a registered voter, and a resident of the Philippines for not less
than two years immediately preceding day of election.’
Member, House of Representatives.
The House of Representatives is composed of not more than 250
members from legislative districts apportioned among provinces, cities,
and the Metropolitan Manila area in accordance with number of their
respective inhabitants, and based on a uniform and progressive ratio,
and those elected through a party-list system of registered national,
regional, and sectoral parties or organizations as may be provided by
law."
date or time when
candidate must possess citizenship, unlike that for residence
which must consist of at least one year residency immediately
‘Sec, 39, Local Government Code of 1991, cited in Frivaldo v. Comelec, G.R. No.
1Gonzales,
Neptali A,, Administrative
Law, Law on Public Officers and
Election
Law, 1966 Ed., p. 173, citing Manalang v. Quitoriano, G.R. No. L-6898, April 30, 1964, cited
in Flores v. Drilon, G.R. No. 104732, June 22, 1993
*Maquiling v. Comelec, G.R. No. 195649, April 16, 2013, 696 SCRA 420, cited in Lico
v. Comelec, G.R. No. 205505, Sept. 29, 2015
26
120295, June 28, 1996
“Art. VIL Secs. 2 and 3, Art. VI, Secs. 3 and 6, 1987 Constitution; Sec. 9, R.A, 7941;
Art, VUIL Secs. 3 and 7, R.A. 6731
5Sec, 39(a), Local Government Code of 1991; Sec. 10, R.A. 10742
"Secs. 2 and 3, Art. VIL 1987 Constitution
’Sec. 3, Art. VL, 1987 Constitution
"Art. VL Sec. 5(1), 1987 Constitution
28
LAW ON PUBLIC OFFICERS
Chapter II
QUALIFICATIONS AND DISQUALIFICATIONS TO PUBLIC OFFICE
District Representative.
No
person
shall be a Member
of the House
of
Representatives unless a natural-born Filipino citizen and,
on the day of election, is at least 25 years of age, able to read
and write, and, except party-list representatives, a registered
voter in the district in which he or she shall be elected, and
its resident for not less than one year immediately preceding
day of election.’
receding election and able to read and write Filipino or any other local
dialect,”
Candidates for governor, vice-governor or member of the
Hangguniang panlalawigan, or mayor, vice-mayor or member of the
wirigguniang panlungsod of highly urbanized cities must be at least
twenty three-years of age on election day." Candidates for mayor or
vice-mayor of independent component cities, or municipalities must be
at least twenty-one years of age on election day."
Party-List Representative.
A person qualifies to be nominated as party-list
representative if a natural-born Filipino citizen, a registered
voter, a resident of the Philippines for not less than one
year immediately preceding election day, able to read and
write, a bona fide member of the party or organization sought
represented for at least ninety days preceding election day,
and is at least 25 years of age on election day."
A Filipino citizen who belongs to marginalized and
underrepresented sector which his or her sectoral party,
organization, political party or coalition seeks to represent,
and able to contribute to formulation and enactment of
appropriate legislation that will benefit the nation as a
whole."
In case of the youth sector nominee,
at least be 25
but not more than thirty years of age on election day. Any
youth sectoral representative who attains thirty during his
or her term is allowed to continue in office until expiration
of term.”
Local elective officials.
An elective local official must be Filipino citizen, registered voter
Candidates for sangguniang panlungsod or bayan member must be
at least eighteen years of age on election day.'* Candidates for punong
harangay or sangguniang barangay member must be at least eighteen
years of age on election day."
Candidates for Sangguniang Kabataan (SK) Chair and members
must be Filipino citizens, at least eighteen but not more than 24 years
of age on election day, resident of the barangay for at least one year, a
ualified voter of the Katipunan ng Kabataan in the barangay where he or
she intends to be elected."
Not more than 24 years old, exactitude.
It means the oldest elective SK official is exactly 24
years of age on election day. Under the old law where it
says SK candidates should not be more than 21 years old on
election day, the Chair who was 21 years, ten months and 25
days old on election day was disqualified for being overage.
The Local Government Code of 1991 speaks of years,
not months or days and a year consists of 365 days. In
computing years, first year is reached after completing the
first 365 days. So 21 is 21 cycles of 365 days. Not more than
21 years old is not the same as less than 22 years old.”
in the barangay, municipality, city or province or, in case of sangguniang
panlalawigan, panlungsod, or bayan member, the district where he or she
intends to be elected, a resident in it for at least one year immediately
%Sec. 6, Art. VI, 1987 Constitution
"Sec. 9, R.A. 7941; Sec. 1, Rule 4, Res. No, 9366, Feb. 21, 2012
"Sec. 1, Rule 4, Res. No. 9366, Feb, 21, 2012
29
"Sec. 9, R.A. 7941; Sec. 1, Rule 4, Res. No. 9366, Feb. 21, 2012
"See, 39(a), Local Government Code of 1991
"Gee, 39(b), Local Government Code of 1991
"See, 39(c), Local Government Code of 1991
Sec, 39(d), Local Government Code of 1991
See. 39(e), Local Government Code of 1991
"See. 10, R.A. 10742
"Garvida v. Sales, G.R. No. 124893, April 18, 1997