Law on Public Officers

ii.

Possess a delegation of a portion of the

sovereign powers of government, to be
exercised for the benefit of the public;
There are certain GOCCs which, though
created by law, are not delegated with a
portion of the sovereign powers of the
government (those that are purely
proprietary in nature), and thus may not be
considered as a Public Office.

iii.

Powers conferred and duties imposed must be

defined, directly or impliedly;

iv.

Duties must be performed independently and

without the control of a superior power other
than the law, UNLESS for duties of an inferior
or subordinate office that created or authorized
by the Legislature and which inferior or
subordinate office is placed under the general
control of a superior office or body;
Defined as unhindered performance.

v.

Must have permanence and continuity

Note: The elements of permanence and
continuity are dispensable.
On the dispensability of the element of
permanence: an example is the public office
of the Board of Canvassers, yet its duties are
only for a limited period of time.
On the dispensability of the element of
continuance: Mechem in one case states that
the most important characteristics in
characterizing a position as a public office is
the DELEGATION to the individual of some
of the sovereign functions of government.

General Principles
I.

Concept and Application

Public Office

Used to refer 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 government, to be exercised by that
individual for the benefit of the public.
[Fernandez v. Sto. Tomas (1995)]
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 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.
(Mechem)

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)

Public Office v. Public Employment

Public employment is broader than public

office. All public office is public employment,
but not all public employment is a public office.

Public employment as a position lacks either one

or more of the foregoing elements of a public
office. (Bernard v. Humble [182 S.W. 2d. 24.
Cited by De Leon, page 8-9])

Nature
1) A public office is a public trust. (Art. XI, Sec. 1,
1987 Consti)
Philippine Constitution, Art. XI Sec. 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 and justice, and lead
modest lives.

of law

Public Office v. Public Contract

Public
Office

Public
Contract

Creation

Incident of
sovereignty

Originates
from will of
contracting
parties

Object

Carrying out
of sovereign
as well as
governmental
functions

Obligations
imposed only
upon the
persons who
entered into

2) It is a responsibility and not a right. (Morfe v.

Mutuc, 1968)

Elements
i.

Must be created either by law or by authority of

law;
a. the Constitution,
b. the Legislature, or
c. Municipality or other body through
authority conferred by the Legislature;

created by contract rather than by force

affecting even
persons not
bound by the
contract

the contract

Subject
Matter

Tenure,
duration,
continuity

Limited
duration

Scope

Duties that
are generally
continuing
and
permanent

Duties are
very specific
to the contract

The law

Contract

Where duties
are defined

Creation of Public Office

Modes
by the Constitution
by statute / law
by a tribunal or body to which the power to
create the office has been delegated

Scope and Extent of Power of legislature

GENERAL RULE: The creation of a public office is
primarily a legislative function.

No vested right to public office

Exceptions:
where the offices are created by the
Constitution;
where the Legislature delegates such power.

GENERAL RULE: A public office, being a mere privilege

given by the state, does not vest any rights in the holder
of the office. This rule applies when the law is clear.

Delegation of power to create public

office

EXCEPTION: When the law is vague, the persons

holding of the office is protected and he should not be
deprived of his office.

Q: What is the effect where an office is created pursuant

to illegally delegated powers?
A: The office would have no existence.

Public Office is not Property

A public office is not the property of the public officer
within the meaning of the due process clause of the nonimpairment of the obligation of contract clause of the
Constitution.
Exceptions:
(1) In quo warranto proceedings relating to the
question as to which of 2 persons is entitled to a
public office;
(2) In an action for recovery of compensation
accruing by virtue of the public office.

The Presidents authority to "reorganize within

one year the different executive departments,
bureaus and other instrumentalities of the
Government" in order to promote efficiency in
the public service is limited in scope and cannot
be extended to other matters not embraced
therein. [UST v. Board of Tax Appeals (1953)]

Note: No law shall be passed increasing the appellate

jurisdiction of the Supreme Court as provided in this
Constitution without its advice and concurrence. [Art.
VI, sec. 30, 1987 Constitution]

Cornejo v. Gabriel

Due process is violated only if an office is

considered property. However, a public office is
not property within the constitutional
guaranties of due process. It is a public trust or
agency. As public officers are mere agents and
not rulers of the people, no man has a
proprietary or contractual right to an office.
Every officer accepts office pursuant to law and
holds office as a trust for the people whom he
represents.

Abeja v. Tanada

Public office being personal, the death of a

public officer terminates his right to occupy the
contested office and extinguishes his
counterclaim for damages. His widow and/or
heirs cannot be substituted in the counterclaim
suit.

Methods of Organizing Public Offices

Method
Single-Head

Board System

Compositio
n
One head
assisted by
subordinates.

Collegial body
in formulating
polices and
implementing
programs.

Efficiency
Swifter
decision and
actions but
may
sometimes be
hastily made.
Mature
studies and
deliberations
but may be
slow in
responding to
issues and
problems.

Modification and Abolition

GENERAL RULE:
The power to create an office
includes the power to modify or abolish it. (i.e., this is
generally a legislative function)
EXCEPTIONS:
(1) Where the Constitution prohibits such modification /
abolition;
(2) Where the Constitution gives the people the power to
modify or abolish the office;

Company cashier of a private corporation owned

by the government (Tanchoco v. GSIS)

May a person be compelled to accept a

public office?
GENERAL RULE: NO.

Q: Is Abandonment equivalent to Abolition?

A: When a public official voluntarily accepts an

appointment to an office newly created by law -which new office is incompatible with the former
-- he will be considered to have abandoned his
former office.
Except when the public official is constrained to
accept because the non-acceptance of the new
appointment would affect public interest. (no
abandonment) [Zandueta v. De La Costa (1938)]

Estoppel to deny existence of office

EXCEPTIONS:
1) When citizens are required, under conditions
provided by law,
2) to render personal military or civil service (Sec.
4, Art. II, 1987 Const.);
3) When a person who, having been elected by
popular election to a public office, refuses
without legal motive to be sworn in or to
discharge the duties of said office (Art. 234,
RPC; Note: the penalty shall be either arresto
mayor, or a fine not exceeding P 1,000.00, or
both)

Q: When is a public officer estopped from denying that

he has occupied a public office?
A: When he has acted as a public officer, esp.
where he has received public monies by virtue of
his office.

II.

Public Officer

Definition:

A public officer is one who performs public

functions / duties of government by virtue of
direct provision of law, popular election, or
appointment by competent authority. His duties
involve the exercise of discretion in the
performance of the functions of the government,
and are not of a merely clerical or manual
nature. (See Sec. 2 (14), E.O. 292)

Administrative Code, Sec. 2.(14) The term officer

includes any government employee, agent, or body
authorized to exercise governmental power in
performing particular acts or functions.
Revised Penal Code Art 203. Who are public
officersfor the purpose of applying the provisions of
this and the preceding titles of this book, 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 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 not considered public officers?

Special policemen salaried by a private entity

and patrolling only the premises of such private
entity (Manila Terminal Co. v. CIR);
Concession forest guards (Martha Lumber Mill
v. Lagradante);

III. Classification of Public Office

and Public Officers
Creation
Public Body Served
Department of
government to which
their functions pertain
Nature of Functions
Exercise of Judgment
or Discretion
Legality of Title to
office
Compensation

Constitutional
Statutory
National
Local
Legislative
Executive
Judicial
Civil
Military
Quasi-judicial
Ministerial
De Jure
De Facto
Lucrative
Honorary

A. Modes of Acquiring Title to

Public Office
Modes of Commencing Official Relation
1.

Election
a. Selection or designation by popular vote.

2. Appointment
Designation
Definition

Imposition of

Appointmen
t
Appointing

additional
duties upon
existing office

Extent of
Powers

Limited

Comprehensiv
e

Security of
tenure?

No

Yes

Is prior/1st
office
abandoned
when

a 2nd
designated
position is
assumed? NO

a 2nd
appointive
position is
assumed?
Usually YES

Political. Appointment is generally a political

question so long as the appointee fulfills the
minimum qualification requirements prescribed
by law.

Vacancy for Validity. For the appointment to be

valid, the position must be vacant [Castin v.
Quimbo (1983)]

The power to appoint is intrinsically an

executive act involving the exercise of discretion.
[Concepcion v. Paredes (1921)]

The Presidents power to appoint under the

Constitution should necessarily have a
reasonable measure of freedom, latitude, or
discretion in choosing appointees. [Cuyegkeng v.
Cruz (1960)]
Where only one can qualify for the posts in
question, the President is precluded from
exercising his discretion to choose whom to
appoint. Such supposed power of appointment,
sans the essential element of choice, is no power
at all and goes against the very nature of
appointment itself. [Flores v. Drilon (1993)]

3. Others:
a. Succession by operation of law;
b. Direct provision of law, e.g. ex-officio officers

B. Modes and Kinds of

Appointment
I.

iii. Note: Conditional appointments are not

authority
selects an
individual who
will occupy a
certain public
office

Classification of Appointments
a. Permanent
i. The permanent appointee:

must be qualified

must be eligible

is constitutionally guaranteed
security of tenure

permanent.

b. Temporary
i. an acting appointment;
ii. the temporary appointee NEED NOT be
qualified or eligible;
iii. (No Security of Tenure) revocable at will: just
cause or valid investigation UNNECESSARY;
1. an acting appointment is a temporary
appointment and revocable in character.
[Marohombsar v. Alonto (1991)]
iv. A temporary appointee is like a designated
officer V they:
occupy a position in an acting capacity and
do not enjoy security of tenure. [Sevilla v. CA
(1992)]

II.

Steps in Appointment Process

For Appointments requiring confirmation

Regular Appointments (NCIA)
1. President nominates.
2. Commission on Appointments confirms.
3. Commission issues appointment.
4. Appointee accepts.

Ad-Interim Appointments (NIAC)

1. President nominates.
2. Commission issues appointment.
3. Appointee accepts.
4. Commission on Appointments confirms.
For Appointments Not Requiring Confirmation (AIA)
1. Appointing authority appoints.
2. Commission issues appointment.
3. Appointee accepts.
Note: If a person is appointed to the career service of the
Civil Service, the Civil Service Commission must bestow
attestation.

Designation v. Appointment
Definition

Extent of
Powers
Security of
tenure?
When
deemed
abandonment
of prior office

Designation
Imposition of
additional
duties upon
an existing
office

Limited
No.
Assumption
of a
designated
position is not
deemed
abandonment
of the 1st
position

Appointment
Selection of an
individual to
occupy a
certain public
office by one
authorized by
law to make
such selection
Comprehensiv
e
Yes.
Assumption of
a 2nd
appointive
position is
usually
deemed
abandonment
of the first
office.

ii. (Duration) until lawful termination.

III.

Presidential Appointees

Who can be nominated and appointed only WITH the

Commission on Appointments consent? (Art. VII, Sec.
16, 1987 Const.)

Heads of the executive departments;

Ambassadors;
Other public ministers and consuls;
Officers of the armed forces from the rank of
colonel or naval captain;
Other officers whose appointments are vested in
him by the Constitution, including
Constitutional Commissioners (Art. IX-B, Sec. 1
(2) for CSC; Art. IX-C, Sec. 1 (2) for COMELEC;
Art. IX-D, Sec. 1 (2) for COA).

Who can the President appoint WITHOUT CAs

approval?
All other officers of the government whose
appointments are not otherwise provided for by
law;
Those whom he may be authorized by law to
appoint;
Members of the Supreme Court;
Judges of lower courts;
Ombudsman and his deputies

Kinds of Presidential Appointments

Regular:
made by the President while Congress is in
session after the nomination is confirmed by the
Commission of Appointments, and continues
until the end of the term.
Ad interim:
made while Congress is not in session, before
confirmation by the Commission on
Appointments; immediately effective and ceases
to be valid if disapproved or bypassed by the
Commission on Appointments. This is a
permanent appointment and it being subject to
confirmation does not alter its permanent
character.

IV.

Discretion of Appointing Official

Presumed.
Administrators of public officers, primarily the
department heads should be entrusted with
plenary, or at least sufficient, discretion. Their
position most favorably determines who can best
fulfill the functions of a vacated office. There
should always be full recognition of the wide
scope of a discretionary authority, UNLESS the
law speaks in the most mandatory and
peremptory tone, considering all the
circumstances. [Reyes v. Abeleda (1968)]
Discretionary Act.

Appointment is an essentially discretionary

power. It must be performed by the officer in
whom it is vested, the only condition being that
the appointee should possess the qualifications
required by law. [Lapinid v. CSC (1991)]

Promotion of next-in-rank career officer is not

Mandatory. The appointing authority should be
allowed the choice of men of his confidence,
provided they are qualified and eligible.

Note: When abused, use Mandamus.

o Where the palpable excess of authority or
abuse of discretion in refusing to issue
promotional appointment would lead to
manifest injustice, mandamus will lie to
compel the appointing authority to issue
said appointments. [Gesolgon v. Lacson
(1961)]

V.

Effectivity of Appointment
Q: When does an appointment take effect?
o A: Immediately upon its issuance by the
appointing authority. (Rule V, Sec. 10,
Omnibus Rules).

VI.

Effects of a Complete, Final and

Irrevocable Appointment

GENERAL RULE: An appointment, once made, is

irrevocable and not subject to reconsideration.
Qualification: Where the assent, confirmation, or
approval of some other
officer or body is needed before the appointment may be
issue and be deemed complete.
Exceptions:
(1) When the appointment is an absolute nullity (Mitra
v. Subido);
(2) When there is fraud on the part of the appointee
(Mitra v. Subido);
(3) Midnight appointments
A completed appointment vests a legal right. It
cannot be taken away EXCEPT for cause, and with
previous notice and hearing (due process).
Midnight appointments

A President or Acting President is prohibited

from making appointments 2 months
immediately before the next presidential
elections and up to the end of his term. (Art.
VII, Sec. 15, 1987 Const.)
o Exception: Temporary appointments to
executive positions when continued
vacancies therein will prejudice public
service or endanger public safety.

confines the selection of the members of the

Board of Medical Examiners to the 12 persons
included in the list (Cuyegkeng v. Cruz) ;

C. Eligibility and Qualification

Requirements
Eligibility, which is the term usually used in reference to
the Civil Service Law, refers to the endowment /
requirement / accomplishment that fits one for a public
office.
Qualification generally refers to the endowment / act
which a person must do before he can occupy a public
office.
Power to Prescribe Qualifications
GENERAL RULE:
Congress is empowered to
prescribe the qualifications for holding public office,
subject to the following restrictions:

Congress cannot exceed its constitutional

powers;

Congress cannot impose conditions of eligibility

inconsistent with constitutional provisions;

The qualification must be germane to the

position ("reasonable relation" rule);

Congress cannot prescribe qualifications so

detailed as to practically amount to making an
appointment. (Legislative appointments are
unconstitutional and therefore void for being a
usurpation of executive power.);

Where the Constitution establishes specific

eligibility requirements for a particular
constitutional office, the constitutional criteria
are exclusive, and Congress cannot add to them
except if the Constitution expressly or impliedly
gives the power to set qualifications.

Q: What legislative enactments are tantamount to

legislative appointments?
A: Extensions of the terms of office of the
incumbents;

The People's Court Act, which provided that the

President could designate Judges of First
Instance, Judges-at-large of First Instance or
Cadastral Judges to sit as substitute Justices of
the Supreme Court in treason cases without
them necessarily having to possess the required
constitutional qualifications of a regular
Supreme Court Justice. (Vargas v. Rilloraza);
A proviso which limits the choices of the
appointing authority to only one eligible, e.g. the
incumbent Mayor of Olongapo City (Flores v.
Drilon);
A legislative enactment abolishing a particular
office and providing for the automatic transfer of
the incumbent officer to a new office created
(contemplated in Manalang v. Quitoriano);
A provision that impliedly prescribes inclusion
in a list submitted by the Executive Council of
the Phil. Medical Association as one of the
qualifications for appointment; and which

Time of Possession of Qualifications

Q: When must the qualifications be possessed?
A:
Where the time is specified by the
Constitution or law:
o At the time specified.
Where the Constitution or law is silent:
There are 2 views:
(1) qualification must be at the time of
commencement of term or induction into office;
(2) qualification / eligibility must exist at the time of
the election or appointment
* Eligibility is a continuing nature, and must exist
throughout the holding of the public office. Once the
qualifications are lost, then the public officer forfeits the
office.
Eligibility is Presumed
IN FAVOR of one who has been elected or
appointed to public office.
The right to public office should be strictly
construed against ineligibility.
(De Leon, 26)
Qualifications usually prescribed
a)

President (Sec. 2, Art. VI, Constitution)

Vice President (Sec. 3, Art. VII, Constitution)

Natural-born citizen

40 years old on day of election

resident of the Philippines for at least 10 yrs

immediately preceding election day

b) Senator (Sec. 3, Art. VI, Constitution)

Natural-born citizen

35 years old on day of election

able to read and write

registered voter

resident of the Philippines for not less than two

years immediately preceding election day
c) Congressmen (Sec. 6, Art. VI, Constitution)

Natural-born citizen

25 years old on day of election

able to read and write

registered voter in district in which he shall be

elected

resident thereof for not less than one year

immediately preceding election day
d) Supreme Court Justice

Natural born citizen

at least 40 years old

15 years or more a judge or engaged in law

practice

of proven CIPI (competence, integrity, probity

and independence)

e) Civil Service Commissioners (Sec. 1 [1], Art. IXB.

Constitution)

Natural-born citizen

35 years old at time of appointment

proven capacity for public administration

not a candidate for any elective position in

elections immediately preceding appointment
f) COMELEC Comm. (Sec. 1[1], Art. IXC)

Natural-born citizen

35 years old at time of appointment

college degree holder

not a candidate for elective position in election

immediately preceding appointment

chairman and majority should be members of

the bar who have been engaged in the practice
of law for at least 10 years (See Cayetano v.
Monsod)
g) COA Commissioners

Natural-born citizen

35 years old at time of appointment

CPA with >10 year of auditing experience or

Bar member engaged in practice of law for at

least 10 years

Not have been candidates for elective position

in elections immediately preceding
appointment

Religious Test or Qualification

No religious test shall be required for the

exercise of civil or political rights. (Art. III, Sec.
5, 1987 Constitution)

Qualification Standards and Requirements

under the Civil Service Law
Qualification Standards:

Express the minimum requirements for a class of

positions in terms of education , training and
experience, civil service eligibility, physical fitness,
and other qualities required for successful
performance. (Sec. 22, Book V, EO 292)

A statement of the minimum qualifications of a

position which shall include education, experience,
training, civil service eligibility, and physical
characteristics and personality traits required by
the job. (Sec. 2, Rule IV, Omnibus Rules)
With respect to a particular position, such
qualification standards shall serve as the basis for
the determination by the appointing authority of
the degree of qualifications of an officer or
employee (ibid);
Shall be used as basis for civil service examinations
for positions in the career service, as guides in
appointment and other personnel actions, in the
adjudication of protested appointments, in
determining training needs, and as aid in the
inspection and audit of the agencies' personnel
work programs (ibid);

Shall be administered in such manner as to

continually provide incentives to officers and
employees towards professional growth and foster
the career system in the government service (ibid);

It shall be the responsibility of the departments and

agencies to establish, administer and maintain the
qualification standards on a continuing basis as an
incentive to career advancement. (Sec. 7, Rule IV,
Omnibus Rules)

Their establishment, administration, and

maintenance shall be the responsibility of the
department / agency, with the assistance and
approval of the CSC and in consultation with the
Wage and Position Classification Office (ibid);

Whenever necessary, the CSC shall provide

technical assistance to departments and agencies in
the development of their qualification standards.
(Sec. 5, Rule IV, Omnibus Rules)

Shall be established for all positions in the 1st and

2nd levels (Sec. 1, Rule IV, Omnibus Rules);

Political Qualifications for an Office

GENERAL RULE: Political qualifications are not
required for public office.
Exceptions:
(1) Membership in the electoral tribunals of either
the House of Representatives or Senate (Art. VI,
Sec. 17, 1987 Const.);
(2) Party-list representation;
(3) Commission on Appointments;
(4) Vacancies in the Sanggunian (Sec. 45, Local
Government Code)
No Property Qualifications

Since sovereignty resides in the people, it is

necessarily implied that the right to vote and to be
voted should not be dependent upon a candidates
wealth. Poor people should also be allowed to be
elected to public office because social justice
presupposes equal opportunity for both rich and
poor. [Maguera v. Borra and Aurea v. COMELEC
(1965)]
Citizenship
Aliens not eligible for public office.
The purpose of the citizenship requirement is to
ensure that no alien, i.e., no person owing
allegiance to another nation, shall govern our
people and country or a unit of territory thereof.
[Frivaldo v. COMELEC (1996)]
Effect of removal of qualifications during the
term
Q: What happens if the qualification is lost which the
officer is holding office?
A: The officer must be terminated.

Effect of pardon upon the disqualification to

hold public office

GENERAL RULE: A pardon shall not work the

restoration of the right to hold public office. (Art. 36,
Revised Penal Code)
Exceptions:
(1) Where such right to hold public office is
expressly restored by the terms of the pardon
(Art. 36, RPC);
(2) When a person is granted pardon because he did
not commit the offense imputed to him (Garcia
v. Chairman, COA)

D. Disabilities and Inhibitions of

Public Officers
Disqualifications to Hold Public Office

IN GENERAL: Individuals who lack ANY of the

qualifications prescribed by the Constitution or by
law for a public office are ineligible (i.e. disqualified
from holding such office).
Authority: The legislature has the right to prescribe
disqualifications in the same manner that it can
prescribe qualifications, provided that the prescribed
disqualifications do not violate the Constitution.

General Constitutional Disqualifications

1. Losing candidates cannot be appointed to any
governmental office within one year after such
election. (Art. IX-B Sec. 6)
2. Elective officials during their tenure are
ineligible for appointment or designation in ANY
capacity to ANY public office or position (Art.
IX-B Sec. 7(1))
3. Appointive officials shall not hold any other
governmental position.

Unless otherwise allowed by law or his positions

primary functions (Art. IX-B Sec 7 (2))

Note: There is no violation when another office is

held by a public officer in an ex officio capacity
(where one cant receive compensation or other
honoraria anyway), as provided by law and as
required by the primary functions of his office.
[ National Amnesty Commission v. COA (2004)]

Public Officer
The President, Vice
President, the
Members of the
Cabinet and their
deputies or assistants

Senator or Member of
the House of
Representatives

Disqualifications
shall not hold any
other office or
employment during
their tenure, UNLESS
otherwise provided in
the Constitution, (Art.
VII, Sec. 13)
may not hold during
his term any other
office or employment

Members of the
Supreme Court and
other courts
established by law

Members of the
Constitutional
Commission
Ombudsman and his
Deputies
Members of
Constitutional
Commissions, the
Ombudsman and his
Deputies

Members of
Constitutional
Commissions, the
Ombudsman and his
Deputies
The Presidents spouse
and relatives by
consanguinity or
affinity within the
fourth civil degree

in the Government, or
any subdivision,
agency or
instrumentality
thereof, including
government -owned or
-controlled
corporations or their
subsidiaries Effect: or
else he forfeits his seat
Shall also not be
appointed to any office
when such was created
or its emoluments
were increased during
his term. (Art. VI, Sec
13)
shall not be designated
to any agency
performing quasijudicial or
administrative
functions. (Art. VIII,
Sec. 12)
shall not hold any
other office or
employment [during
their tenure]. (Art. IXA, Sec. 2) (Art. XI, Sec.
8)
must not have been
candidates for any
elective position in the
elections immediately
preceding their
appointment (Art IXB, Sec. 1; Art. IX-C,
Sec. 1; Art. IX-D, Sec.
1; Art XI, Sec. 8)
are appointed to 7year term, without
reappointment (Sec.
1(2) of Arts. IX-B, C,
D; Art. XI, Sec. 11)
shall not be appointed
during Presidents
tenure as Members of
the Constitutional
Commissions, or the
Office of the
Ombudsman, or as
Secretaries,
Undersecretaries,
chairmen or heads of
bureaus or offices,
including governmentowned-or -controlled
corporations. (Art.
VIII, Sec. 13)

Other Disqualifications
1. Mental or physical incapacity

2. Misconduct or crime: persons convicted of crimes

involving moral turpitude are USUALLY disqualified
from holding public office.
3. Impeachment
4. Removal or suspension from office: not presumed ->
non-imposable when such ineligibility is not
constitutional or statutory declared.
5. Previous tenure of office: for example, an appointed
Ombudsman is absolutely disqualified for
reappointment (Article XI, Constitution).
6. Consecutive terms limit:
a. Vice-President = 2 consecutive terms
b. Senator = 2 consecutive terms
c. Representative = 3 consecutive terms
d. Elective local officials = 3 consecutive terms
(Sec. 8, Art. X, Constitution)

10. Under the Local Government Code (sec. 40)

a. Sentenced by final judgment for an offense
involving moral turpitude or for an offense
punishable by 1 year or more of imprisonment,
within 2 years after serving sentence;
b. Removed from office as a result of an
administrative case;
c. Convicted by final judgment for violating the
oath of allegiance to the Republic;
d. Dual citizenship;

E. Powers and Duties of Public

Officers

Definition

7. Holding more than one office: to prevent offices of

public trust from accumulating in a single person, and to
prevent individuals from deriving, directly or indirectly,
any pecuniary benefit by virtue of their holding of dual
positions.
8. Holding of office in the private sector.
Section 7 (b)(1)of RA 6713 considers unlawful for
public officials and employees during their
incumbency to own, control, manage, or accept
employment as officer employee, consultant,
counsel, broker, agent, trustee or nominee in any
private enterprise regulated, supervised or licensed
by their office unless expressly allowed by law.
Section 7 of RA 6713 also generally provides for the
prohibited acts and transactions of public officials
and employees. Subsection (b)(2) prohibits them
from engaging in the private practice of their
profession during their incumbency. As an
exception, a public official or employee can engage
in the practice of his or her profession under the
following conditions: first, the private practice is
authorized by the Constitution or by the law; and
second, the practice will not conflict, or tend to
conflict, with his or her official functions.
9. Relationship with the appointing power
General Rule on Nepotism: The Civil Service
Decree (PD 807) prohibits all appointments in the
national and local governments or any branch or
instrumentality thereof made in favor of the relative
of:
o appointing authority;
o recommending authority;
o chief of the bureau office; or
o person exercising immediate
supervision over the appointee
Relative: related within the third degree of either
consanguinity or of affinity.
Exceptions to rule on nepotism:
o persons employed in a confidential capacity
o teachers
o physicians
o members of the Armed Forces of the Philippines

Can be
delegated?

Discretionar
y
Acts which
require the
exercise of
reason in
determining
when, where,
and how to
exercise the
power

Generally, NO.
Exception:
When the
power to
substitute /
delegate has
been given

When is
mandamus
proper?

Is public
officer liable?

Only if the
duty to do
something has
been delayed
for an
unreasonable
period of time.
Generally not
liable
Exceptions: if
there is fraud
or malice

Ministerial
Acts which
are
performed in
a given state
of facts, in a
prescribed
manner, in
obedience to
the mandate
of legal
authority,
without
regard to or
the exercise
of his own
judgment
upon the
propriety or
impropriety
of the act
done (Lamb
v. Phipps)
Generally,
YES.
Exception:
When the law
expressly
requires the
act to be
performed by
the officer in
person and /
or prohibits
such
delegation
In all cases.

Liable if duty
exercised
contrary to
the manner
prescribed by

law.

As to the Relationship of the Officer to

his subordinates
a.

Power of Control
o It implies the power of an officer to manage,
direct or govern, including the power to alter or
modify or set aside what a subordinate had done
in the performance of his duties and to
substitute his judgment for that of the latter.

b. Power of Supervision
o Supervisory power is the power of mere
oversight over an inferior body which does not
include any restraining authority over such
body.
o A supervising officer merely sees to it that the
rules are followed, but he himself does not lay
down such rules, nor does he have the discretion
to modify or replace them.

Source of Powers and Authority

Under our political system, the source of

governmental authority is found in the people.
Directly or indirectly through their chosen
representatives, they create such offices and agencies
as they deem to be desirable for the administration
of the public functions and declare in what manner
and by what persons they shall be exercised.
The right to be a public officer, then, or to exercise
the powers and authority of a public office, must find
its source in some provision of the public law.
The government itself is merely an agency through
which the will of the state is expressed and enforced.
Its officers therefore are likewise agents entrusted
with the responsibility of discharging its functions.
As such there is no presumption that they are
empowered to act. There must be a delegation of
such authority, either express or implied. In the
absence of a valid grant, they are devoid of power.
What they do suffers from a fatal infirmity. [Villegas
v. Subido (1969)]

Duties of Public Officers

1. Duties as Trustees for the Public
a. To obey the law
It is the duty of an officer to obey the general
laws and the laws which prescribe the duties of
his office, and a public officer has no power to
vary or waive any statutory law.
As a general rule, a public officer must obey a
law found on the statute books until its
constitutionality is judicially passed upon in a
proper proceeding.
b. To accept and continue in office.
It is the duty of every person having the requisite
qualifications, when elected or appointed to a
public office, to accept it. The theory is that the
public has the right to command the services of

any citizen in any official position which it may

designate.
c. To accept the burden of office.
One who accepts a public office does so with the
burden, and is considered as accepting its
burdens and obligations with its benefits. He
thereby subjects himself to all constitutional and
legislative provisions relating thereto and
undertakes to perform all the duties of the office.
d. As to diligence and care.
Every public officer is bound to use reasonable
skill and diligence in the performance of his
official duties, particularly where rights of
individuals may be jeopardized by his neglect.
e. As to choice and supervision of subordinates
It is the duty of a public officer having an
appointing power to make the best available
appointment.
The degree of care required in selecting
subordinates must depend upon the nature of
the work to be performed and the circumstances
of each case.
f. Ethical duties
Every public officer is bound to perform the
duties of his office honestly, faithfully and to the
best of his ability, in such a manner as to be
above suspicion of irregularities, and to act
primarily for the benefit of the public.
As to outside activities: It is the duty of public
officers to refrain from outside activities which
interfere with the proper discharge of their
duties
2. Duty to make public disclosure of statements of assets
and liabilities
Public officials and employees have an
obligation under the Code of Conduct and
Ethical Standards for Public Officials and
Employees to accomplish and submit
declarations under oath of, and the public has
the right to know, their assets, liabilities, net
worth and financial and business interests
including those of their spouses and of
unmarried children under 18 years of age living
in their household.
3. Transparency of transactions and access to
information

F. Rights of Public Officers

1. Rights incident to public office.
The rights of one elected or appointed to
office are, in general, measured by the
Constitution or the law under which he was
elected or appointed.
2. Rights as a citizen.
Protection from publication commenting on
his fitness and the like the mere fact that
one occupies a public office does not deprive

him of the protection accorded to citizens by

the Constitution and the laws.
However, by reason of the public character
of his employment or office, a public officer
is, in general, held not entitled to the same
protection from publications commenting
on his fitness and the like, as is accorded to
the ordinary citizen.

b. Engaging in certain political and business

activities
a.

The governmental interest in maintaining a high

level service by assuring the efficiency of its
employees in the performance of their tasks may
require public employees to suspend or refrain
from certain political or business activities that
are embraced within the constitutional rights of
others, when such activities are reasonably
deemed inconsistent with their public status and
duties.

Right to Compensation
b. The power to fix the compensation of public officers
is not inherently and exclusively legislative in
character.
c. Unless the Constitution expressly or impliedly
prohibits Congress from doing so, it may delegate
the power to other government bodies or officers.
d. The salary of a public officer may not, by
garnishment, attachment or order of execution, be
seized before being paid to him and, appropriated
for the payment of his debts.
e. The rationale behind this doctrine is obvious
consideration of public policy. The functions and
public services rendered by the State cannot be
allowed to be paralyzed or disrupted by the diversion
of public funds from their legitimate and specific
objects, as appropriated by law. [De la Victoria v.
Burgos, (1995)]
Basis of Right to Compensation
f. The relation between an officer and the public is not
the creation of contract, nor is the office itself a
contract. Hence, his right to compensation is not the
creation of contract. It exists as the creation of law
and belongs to him not by force of any contract but
because the law attaches it to the office.

Other Rights
1.

2.
3.
4.
5.
6.
7.
8.

Rights under the Constitution

a. Right to self-organization
b. Right to protection of temporary employees
c. Freedom of members of Congress from arrest
and from being questioned
d. Right not to be removed or suspended except for
cause provided by law
Rights under the Civil Service Decree and the New
Administrative Code
Next-in-Rank Rule
Personnel Actions
Rights under the Revised Government Service
Insurance Act
Right to Reimbursement and Indemnity
Right to Reinstatement and Back Salary
Rights to Property, Devices and Inventions

G. Liabilities of Public Officers

g.

The liability of a public officer to an individual or the

public is based upon and is co-extensive with his
duty to the individual or the public. (De Leon, 2008)

Three-fold Responsibility of Public Officers (De

Leon, 2008)
h. A public officer is under a three-fold responsibility
for violation of duty or for wrongful act or omission:
o Civil Liability: if the individual is damaged
by such violation, the official shall, in some
cases, be held liable civilly to reimburse the
injured party
o Criminal Liability: if he law has attached a
penal sanction, the officer may be punished
criminally
o Administrative Liability: such violation may
also lead to imposition of fine, reprimand,
suspension or removal from office. This
administrative liability is separate and
distinct from the penal and civil liabilities.
(Agpalo, 2005)

Preventive Suspension and Back

Salaries
Kinds of Preventive Suspension
a. preventive suspension pending investigation
The proper disciplining authority may
preventively suspend any subordinate officer
under his authority pending an investigation, if
the charge against such officer involves
dishonesty, oppression or grave misconduct or
neglect in the performance of duty or if there are
reasons to believe that the respondent is guilty of
the charges which would warrant his removal
from service (De Leon, 2008)
No compensation is due for the period of
preventive suspension pending investigation
because such is not a penalty but only a means of
enabling the disciplining authority to conduct an
unhampered investigation. (De Leon, 2008)
b. preventive suspension pending appeal if the penalty
imposed by the disciplining authority is suspension or
dismissal and, after review, the respondent is exonerated
[Caniete v. Secretary of Education, (2000)]
Employees are entitled to compensation for the
period of their suspension pending appeal if they
are found innocent. Such suspension is actually
punitive so that a public officer should be
reinstated with full pay for the period of the
suspension.

Illegal Dismissal, Reinstatement and

Back Salaries

Reinstatement and back salary or wages are separate

and distinct reliefs given to an illegally dismissed
official or employee.
Where an officer was unlawfully removed and was
prevented for a time by no fault of his own from
performing the duties of his office, it was held that
he might recover, and that the amount that he had
earned in other employment during his unlawful
removal should not be deducted from his unpaid
salary. He may recover the full amount
notwithstanding that during the period of his
removal, the salary has been paid to another
appointed to fill the vacancy unlawfully created.
The no work, no pay principle does not apply
where it has been sufficiently shown that a public
official was wrongfully prevented from entering the
office and carrying out his duties
If the illegal dismissal is found to have been made in
bad faith by the superior officers then they will be
held personally accountable for back salaries of the
illegally dismissed employee.
The award of backwages is limited to a maximum
period of 5 years and not to full back salaries from
illegal termination up to reinstatement [David v.
Gania, (2003)]

I. De Facto Officers
Officer De Jure v. Officer De Facto
Requisites

(2) must
possess the
legal
qualifications
for the office
in question;
(3) must be
lawfully
chosen to
such office;

H.Immunity of Public Officers

Doctrine of Official Immunity from Liabilities for Public
Officers
Rationale: promotion of fearless, vigorous and
effective administration of policies of government.
It is generally recognized that public officers and
employees would be unduly hampered, deterred and
intimidated in the discharge of their duties, if those
who act improperly, or even exceed the authority
given them, were not protected to some reasonable
degree by being relieved from private liability. The
threat of suit could also deter competent people from
accepting public office.
Official Immunity Distinguished from State Immunity
The immunity of public officials is a more limited
principle than governmental immunity since its
purpose is not directly to protect the sovereign, but
rather to do so only collaterally, by protecting the
public official in the performance of his government
function.
The doctrine of sovereign immunity principally
rested upon the tenuous ground that the king could
do no wrong. It served to protect the impersonal
body politic or government itself from tort liability.
Official Immunity serves as a protective aegis for
public officials from tort liability for damages arising
from discretionary acts or functions in the
performance of their official duties.
Official Immunity not Absolute
A public officer enjoys only qualified, not absolute
immunity. The protection afforded by the doctrine
generally applies only to activities within the scope
of office that are in good faith and are not reckless,
malicious or corrupt.

De Jure
(1) Existence
of a de jure
office;

Basis of
Authority

How ousted

Validity of
official acts

Rule on
Compensation

(4) must
have qualified
himself to
perform the
duties of such
office
according to
the mode
prescribed by
law.
Right: he has
the lawful
right / title to
the office

Cannot be
ousted.

Valid, subject
to exceptions
(e.g., they
were done
beyond the
scope of his
authority,
etc.)
Entitled to
compensation
as a matter of
right;

De Facto
(1) De jure
office;
(2) Color of
right or
general
acquiescence
by the public;
(3) Actual
physical
possession of
the office in
good faith

Reputation:
Has the
possession
and performs
the duties
under color of
right, without
being
technically
qualified in all
points of law
to act.
Only by a
direct
proceeding
(quo
warranto);
not
collaterally
Valid as to the
public until
such time as
his title to the
office is
adjudged
insufficient.
Entitled to
receive
compensation
only during
the time when

The principle
of "no work,
no pay" is not
applicable to
him.

no de jure
officer is
declared;
He is paid
only for actual
services
rendered by
him.

Officer De Facto v. Intruder

Nature

De Facto
Officer under
any of the 4
circumstances
discussed
under Part II
(above).

De Facto Doctrine
Q: What is the de facto doctrine?
A: It is the principle which holds that a person, who, by
the proper authority, is admitted and sworn into office is
deemed to be rightfully in such office until:
(a) by judicial declaration in a proper
proceeding he is ousted therefrom; or
(b) his admission thereto is declared void.
Q: What is the purpose for the doctrine?

Basis of
authority

Color of right
or title to
office

Validity of
"official" acts

Valid as to the
public until
such time as
his title to the
office is
adjudged
insufficient

Rule on
compensation

Entitled
to
receive
compensation
only
during
the time when
no de jure
officer
is
declared;

A: It is to ensure the orderly functioning of

government. The public cannot afford to check the
validity of the officer's title each time they transact with
him.

De Facto Officer defined

Q: When is a person a de facto officer?
A: Where the duties of the office are exercised under
any of the following circumstances:
(1) Without a known appointment or election, but under
such circumstances of reputation or acquiescence as
were calculated to induce people, without inquiry, to
submit to or invoke his action, supposing him to the be
the officer he assumed to be; or
(2) Under color of a known and valid appointment or
election, but where the officer has failed to conform to
some precedent requirement or condition (e.g., taking an
oath or giving a bond);
(3) Under color of a known election or appointment, void
because:
a. the officer was not eligible;
b. there was a want of power in the electing or
appointing body;
c. there was a defect or irregularity in its exercise;
*such ineligibility, want of power, or defect being
unknown to the public.
(4) Under color of an election or an appointment by or
pursuant to a public, unconstitutional law, before the
same is adjudged to be such.
Note: Here, what is unconstitutional is not the act
creating the office, but the act by which the officer is
appointed to an office legally existing. (Norton v. County
of Shelby)

Intruder
One who
takes
possession of
an office and
undertakes to
act officially
without any
authority,
either actual
or apparent
None. He has
neither lawful
title nor color
of right or title
to office.
Absolutely
void; they can
be impeached
at any time in
any
proceeding
(unless and
until he
continues to
act for so
long a time as
to afford a
presumption
of his right to
act)
Not entitled to
compensation
at all.

He is paid
only for actual
services
rendered by
him.

Q: Can an intruder / usurper ripen into a de facto

officer?
A: Yes. With the passage of time, a presumption may
be created in the minds of the public that the intruder
has a right to act as a public officer.
Q: Is good faith a factor in the ripening of intruder
status into de facto status?
A: Yes. HOWEVER, it must be noted that the good
faith must be on the part of
the public; not on the part of the intruder.
Elements of a De Facto Officership
(1) De jure office

(2) Color of right or general acquiescence by the public;

(3) Actual physical possession of the office in good faith.
Note: This is not absolutely true. An intruder / usurper
may ripen into a de facto officer.

Tenure of office represents the period during

which the incumbent actually holds office.

2. Reaching the age limit (retirement)

Liabilities of De Facto Officers

A de facto officer generally has the same degree of

liability in accountability for official acts like a de
jure officer.
The de facto officer may be liable for all imposable
penalties for ANY of the following acts:
o usurping or unlawfully holding office;
o exercising the functions of public office without
lawful right;
o ineligibility for the public office as required by
law
The de facto officer cannot excuse responsibility for
crimes committed in his official capacity by asserting
his de facto status.

3. Death or permanent disability

EXCEPTIONS
Where there is no de jure public officer, the
officer de facto who in good faith has had
possession of the office and has discharged the
duties pertaining thereto is legally entitled to
the emoluments of the office. [Monroy v. CA
[1967])

J. Termination of Official Relation

1. Expiration of the term or tenure of office

Upon the expiration of the officers term,

unless he is authorized by law to hold over, his
rights, duties and authority as a public officer
must ipso facto cease
Term of office means the time during which the
officer may claim to hold the office as of right
and fixes the interval after which the several
incumbents shall succeed one another. It is a
fixed and definite period of time to hold office,
perform its functions and enjoy its privileges and
emoluments until the expiration of said period

The death of the incumbent of an office, which is by

law to be filled by one person only, necessarily
renders the office vacant. The public official cease to
hold office upon his death and all his rights, duties
and obligations pertinent to the office are
extinguished
Permanent disability covers both physical or mental
disability.

4. Resignation

Resignation is the formal renunciation or

relinquishment of a public office. It implies an
expression by the incumbent in some form, express
or implied, of the intention to surrender, renounce
and relinquish his right to the office and its
acceptance by competent and lawful authority.

To constitute resignation of public office, there must

be an intention to relinquish a part of the term,
accompanied by the act of relinquishment.

A written resignation, delivered to the board or

officer authorized to receive it and fill the vacancy
thereby created, is prima facie, but not conclusive
evidence of the intention to relinquish the office.

Right to Compensation of De Facto

Officer
GENERAL RULE.
None. A de facto officer cannot sue for the
recovery of salary, fees or other emoluments
attached to the office, for the duties he has
performed. His acts, as far as he himself is
concerned, are void. (63A Am. Jur. 2d 10941095)
The rightful incumbent may recover from the
de facto officer the salary received by the latter
during his wrongful tenure, even though he
entered into the office in good faith and under
color of title.[ Monroy v CA (1967)

This mode results in the compulsory and automatic

retirement of a public officer.

5. Acceptance of an incompatible office

It is contrary to the policy of the law that the same

individual should undertake to perform inconsistent
and incompatible duties.
One who, while occupying one office, accepts
another incompatible with the first, ipso facto,
absolutely vacates the first office.
When Incompatible
Incompatibility is to be found in the character of the
offices and their relation to each other, in the
subordination of one to the other and in the nature
of the functions and duties which attach to them
It exists where:
o There is conflict in such duties and functions, so
that the performance of the duties of one
interferes with the performance of the duties of
the other as to render it improper from
consideration of public policy for one person to
retain both
o One is subordinate to te other and is subject in
some degree to its supervisory power for
obviously in such a situation, the design that one
acts as a check on the other would be frustrated
o The Constitution of the law itself declares the
incompatibility even though there is no
inconsistency in the nature and functions of the
offices

6. Abandonment of office

Abandonment means the voluntary relinquishment

of an office by the holder of all right, title, or claim
thereto with the intention of not reclaiming it or
terminating his possession and control thereof.

7. Prescription of right to office

Under the Rules of Court, quo warranto is the proper

remedy against a public officer for is ouster from
office which should be commenced within one year
after the cause of such ouster or the right of the
plaintiff to hold such office or position arose;
otherwise, the action will be barred
Rationale for the one year period: Title to public
office should not be subjected to uncertainties but
should be determined as speedily as possible.

prohibiting abolition thereof. [Castillo v. Pajo,

(1958)]

11. Conviction of a crime

8. Removal

Removal entails the ouster of an incumbent before

the expiration of his term. It implies that the office
exists after the ouster.
Removal from office may be express or implied.

12. Recall

9. Impeachment

Impeachment has been defined as a method of

national inquest into the conduct of public men.
Its purpose is to protect the people from official
delinquencies or malfeasances. It is primarily
intended for the protection of the State, not for the
punishment of the offender.
The President, the Vice-President, the Members of
the Supreme Court, the Members of the
Constitutional Commissions, and the Ombudsman
may be removed from office on impeachment for,
and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust. All
other public officers and employees may be removed
from office as provided by law, but not by
impeachment. (Sec. 2, Art. XI, Constitution)
The House of Representatives has the sole power to
initiate all cases of impeachment while the Senate
sits as a court for the trial of impeachment cases.
Judgment in cases of impeachment shall not extend
further than removal from office and disqualification
to hold any office under the Republic of the
Philippines, but the party convicted shall
nevertheless be liable and subject to prosecution,
trial, and punishment, according to law. (Sec. 3, Art.
XI, Constitution)

As a general rule, Congress may abolish any office it

creates without infringing upon the rights of the
officer or employee affected. Such power may be
exercised at any time and even while the office is
occupied by a duly elected or appointed incumbent.
Absent any constitutional prohibition, an office
created by Congress may be abolished by it during
the term of the incumbent.
The fundamental principle afforded to civil service
employees against removal except for cause as
provided by law does not protect them against
abolition of the positions held by them in the
absence of any other provision expressly or impliedly

Through recall, an elective official may be removed

at any time during his term by the vote of the people
at an election called for such purpose or at a general
election.

K. Accountability of Public Officers

Impeachment

Impeachment has been defined as a criminal

proceeding against a public officer, before a quasijudicial political court, instituted by written
accusation called articles of impeachment.
(Agpalo, 2005)

Its purpose is to protect the people from official

delinquencies or malfeasances. It is primarily
intended for the protection of the State, not for the
punishment of the offender. The penalties attached
to impeachment are merely incidental to the primary
intention of protecting the people as a body politic.
(De Leon, 2008)

Grounds (Sec. 2, Art. XI, Constitution)

1. culpable violation of the Constitution
2. treason
3. bribery
4. graft and corruption
5. other high crimes
6. betrayal of public trust

The acts which are impeachable grounds must be

committed in the performance of the officials public
office. (Agpalo, 2005)

No impeachment proceedings shall be initiated

against the same official more than once within a
period of one year. (Sec. 3, Art. XI, Constitution)

10. Abolition of office

When the penalties of perpetual or temporary

absolute disqualification or penalties of perpetual or
temporary special disqualification are imposed upon
conviction of a crime, termination of official relation
results, for one of te effects of the imposition of said
penalties is the deprivation of the public office which
the offender may have held.
Conviction means conviction in a trial court. It
contemplates a court finding guilt beyond
reasonable doubt followed by a judgment upholding
and implementing such finding.

Ombudsman
Disciplinary Power Over Public Officers
The Office of the Ombudsman has disciplinary
authority over all elective and appointive
officials of the government and its subdivisions,

instrumentalities and agencies, including

Members of the Cabinet, local government,
government-owned or controlled corporations
and their subsidiaries. (Sec. 21, RA 6770)
The disciplinary power of the Ombudsman is not
exclusive but is shared with other disciplinary
authorities of the government.
The disciplinary power of the Ombudsman over
elective officials is concurrent with the power
vested in the officials specified in the Local
Government Code of 1991. [Hagad v. DozoDadole, (1995)]

Exceptions to Ombudsmans Disciplinary Power

The Ombudsman has no disciplinary power over the
following (Sec. 21, RA 6770):
1. Officials who may be removed only by
impeachment
2. Members of Congress
3. Members of the Judiciary

Sandiganbayan
Exclusive Original Jurisdiction over
a. violations of R.A. No. 3019 and No. 1379
b. crimes committed by public officers and
employees embraced in Title VIII of the Revised
Penal Code
c. other offenses or felonies (whether simple or
complexed with other crimes) committed by
public officers and employees in relation to their
office, where the penalty prescribed by law is
higher than prision correccional or
imprisonment for six (6) years, or a fine of
P6,000; and
d. Civil and criminal cases filed pursuant to and in
connection with Executive Orders No. 1,2, 14,
and 14-a issued in 1986.

L. Term Limits

Ill Gotten Wealth

Ill-gotten wealth means any asset, property, business

enterprise or material possession of any person
acquired by himself directly or indirectly through
dummies, nominees, agents, subordinates and/or
business associates by any combination or series of
the following means or similar schemes:
o through misappropriation, conversion, misuse,
or malversation of public funds or raids on the
public treasury;
o by receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks or

any other form of pecuniary benefit from any

person and/or entity in connection with any
government contract or project or by reason of
the office or position of the public officer
concerned;
by the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions, agencies
or instrumentalities or government-owned or
controlled corporations and their subsidiaries,
by obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any
other form of interest or participation including
the promise of future employment in any
business enterprise or undertaking;
by establishing agricultural, industrial or
commercial monopolies or other combinations
and/or implementation of decrees and orders
intended to benefit particular persons or special
interests, or
by taking undue advantage of official position,
authority, relationship, connection or influence
to unjustly enrich himself or themselves at the
expense and to the damage and prejudice of the
Filipino people and the Republic of the
Philippines. (Sec. 1, RA 7080)

All elective local officials, except barangay officials

(Sec. 8, Art. X, Constitution; Sec. 43 LGC)
Term of office: 3 years from noon of June 30, 1992
or the date provided by law
All local officials first elected during the local
elections immediately following the ratification of
the 1987 Constitution shall serve until noon of June
30, 1992;
No official shall serve for more than 3 consecutive
terms for the same position;
Voluntary renunciation of the office for any length of
time is not an interruption in the continuity of his
service for the full term for which he was elected.

RA 9164: Synchronized Barangay and Sangguniang

Kabataan Elections (2002)
Sec. 2. Term of Office
Term of office of barangay and sangguniang
kabataan officials: 3 years
No barangay elective official shall serve for more
than 3 consecutive terms in the same position
Reckoned from the 1994 barangay elections
Voluntary renunciation of office for any length of
time shall not be considered as an interruption