Chap 1 Admin Law on Public Officers

Creation
public office may be created by the Constitution, statute or by authority of law
ex of Constitutional offices are the Office of the Pres, Legislature, SC and Constitutional
Commissions brought into existence by direct self-executing provisions of the Constitution
not created directly by the Consti but by its specific mandate are the Metro Manila
Development Authority
these are merely statutory offices established by implementing statutes mandated by the Consti
itself statutory offices on other hand are created by the discretion of the legislature

Ex of Statutory offices are: Bureau of Mines, SEC and local offices such as those governors and
mayors
sometimes offices may also be created by virtue of a validly delegated legislative power such as
the defunct code commission w/c was created by the Pres under the Reorganization Act
Sangguniang Panglungsod is under the Local Govt Code of 1991, authorized to create such
offices as may be necessary to carry out the purposes of the city govt

Characteristics
Consti: public office is a public trust means it must be discharged by the incumbent not for his
own personal aggrandizement but for the benefit of the public for whom it s held by him in trust
Democratic govts: public office is not a hereditable possession
it is personal to the incumbent and is not to be considered as property w/c can be passed on
to his heirs
not prop and is outside the commerce of management cant be subj of a contract
Case: Abeja v. Tanada
2 rivals in a party convention entered into an agreement that whoever of them lost the
nomination would not run as a rebel candidate
the loser reneged on this commitment and the winner sought to enforce it by judicial action
court dismissed the case, holding that the contract was unenforceable as it had no lawful subject

not being prop public office is not protected by due process clause
there can be no vested right in a public office, w/c if statutory, may be changed at will and even
be abolished by the legislature that created it
such abolition, its term, compensation and powers may be validly reduced even over the
objection of the incumbent
no absolute right to hold it

Case: Mathay Jr vs CA
the right to hold public office is not a natural right; it exists only by virtue of a law expressly or
impliedly creating and conferring
Case: Natl Land Titles and Deeds Registration Administration v. Civil Service Commission
Except constitutional offices w/c provide for special immunity as regards salary and tenure, no
one can be said to have any vested right in an office or its salary

Due process is available to a public officer, however in the sense that he cannot be deprived of
his office w/o a clear expression of the legislative will
any ambiguity in this regard should be resolved in favor of the office holder

Segovia v Noel
a law providing that all justices of the peace should retire upon attaining the age of 65 was
sought to be applied to the petitioner who was appointed justice of the peace before the
enactment of that law
SC: he was entitled to remain in his office, there being no clear provision that the law was
intended to cover even judges incumbent as the time of its approval
the law was given only a prospective effect since the intention to the contrary was neither
expressed nor implied from its provisions.

Salary already earned by pub officer = private prop entitled to the protection of due process
hence, law retroactively reducing such salary would be invalid as violative of a vested right
law can be given only prospective operation to affect salaries still to be collected by the public
officer and not yet accrued as a prop right

Classification
pub officer may be: constitutional or statutory; natl or local; legislative, executive or judicial;
lucrative or honorary; discretionary or ministerial; appointive or elective; civil or military and
de jure or defacto
Notary public is a pub officer
atty at law not although he comes very close to it because he is an officer of the court accdg
to CJ Gray
Tadlip vs Borres
SC described a lawyer working as provincial adjudicator as a public officer tasked w/ the duty
of deciding conflicting claims of the parties
he is part of the quasi judicial system of our govt
SC: by analogy the present dispute may be likened to administrative cases of judges whose
manner of deciding cases was similarly subject of respective adminsitrative cases
Chap 2
1. Disqaulification
lack of disquali is itself a qualification
even if a person may have the prescribed quali for a PO, he will still be ineligible therefor if he
is laboring under a disquali
convicted in an impeachment proceeding, convicted of offenses w/c carry w/ them the penalty
of perpetual or temporary special disquali such as malversation
Monsanto vs. Factoran
Sc in rejecting the plea of the pet for reinstatement to her former PO, having been pardoned
pending her appeal from her conviction for an offense w/c carried w/it the penalty of disquali
from office

the absolute disquali or ineligibility from PO forms part of the punishment prescribed by the
RPC for estafa thru falsification of public doc
when her guilt and punishment were expunged by her pardon, this particular disability was
likewise removed hence pet may apply for reinstatement/reappointment
in considering her quali and suitability for public post, the facts constituting her offense must be
and should be evaluated and taken into account to determine ultimately whether she can once
again be entrusted w/ public funds

Garcia v. Chairman, COA

if the pardon is based on the innocence of the individual or if executive clemency is granted to
cover the administrative charges for the same acts for w/c he was prosecuted and later acquitted
because he was found not to have committed the offense imputed to him in criinal
proceedings.he no longer needs to apply for reinstatement to his former position
he is accdg to this recent case, restored to his office ipso facto upon the issuance of the
clemency

no senator or member of the House of Representatives shall be appointed to any office w/c may
have been created or the emoluments thereof increased during the term for w/c he was elected
a defeated candidate may not be appointed or reappointed to any office in the govt or any govtowned or controlled corporation or in any of its subsidiaries w/in 1 yr from the date of the
election
no person may be appointed to the CSC if he was a candidate in the election immediately
preceding his appointment
Pres, VP, Cabinet may not hold any other office or employment during their tenure
no elective official shall be eligible for appointment or designation in any capacity to any PO or
position during his tenure and unless otherwise allowed by law or by the primary functions of
his position
no appointive official shall hold any other office or employment in the govt or any subdivision,
agency or instrumentality thereof including Goccs
Sec 49 chap 10 of Book IV on the Executive Branch of the Adminsitrative Code of 1987
even if allowed by law or by primary functions of his position, a member of the Cabinet,
undersec, aast sec or other appointive official of the exec dept may in addition to his
primary position hold not more than 2 positions in the govt and govt corporations and
receive the corresponding compensation therefor

Civil Liberties Union v. The Executive Sec

declared unconsti Executive Order 284, w/c in effect allowed Cabinet members, their undersec
and asst sec and other appointive officials of the exec dept to hold other positions in the govt
albeit subject to the limitations imposed therein
should be precluded from dissipating his efforts, attention and energy among too many
positions f responsibility w/c may result in haphazardness and inefficiency
Romualdez-Marcos vs COMELEC
Consti: members of the SC and of other courts established by law, shall not be designated to any
agency performing quasi-jud or administrative functions
Caasi vs CA

acting on a pet to disqualify a green card holder from running fro elective office on ground of
failure to comply w/ the residence requirement under the LGC
resp having resided in the municipality where he ran fro mayor for only 3 months prior to the
date of the election
to be qualified to run for elective office in the Ph, the law requires that the candidate who is a
green card holder must have waived his status as permamnent resident or immigrant of a
foreign country

Macalintal vs comelec
pet in questioning the constitutionality of the Overseas Absentee Voting Act of 2003 or RA 9189
invoked the Caasi case, stressing that green card holders cannot be considered as residents for
purposes of exercising the right of suffrage
SC rejected Caasi case no application in the present case because the caasi case did not for
obvious reasons consider the absentee voting rights of Fil who are immigrants and permanent
rsidents in their host countries
Frivaldo vs comelec
a winning candidate was later disquali by SC after it was established that he was not a Fil cit at
the time of his election, even if he had then, under American law already forfeited his American
cit
even lose naturalized American cit, such forefeiture did not and could not have the effect of
automatically restoring his cit in the Ph that he had earlier renounced became a stateless
individual
RP vs dela rosa
pet ran for gov also in 1992 won again
but disquali anew by SC by reason of his not being Fil cit
SC: pet not a cit of the Ph and ordered him to vacate his office notwithstanding the fact that
his pet for naturalization was granted a few months before his 2nd election
said naturalization proceedings as null and void because of many procedural defects
3rd time disquali by comelec again relying on earlier ruling of SC
it appears that however on the strength of his repatriation under the prov of PD 725, the pet had
taken his oath of allegiance a few hrs before the proclamation of his opponent in 1995, who was
declared the winner despite pet's actually having won said election
Sc however revised ruling cit requirement in the LGC is to be possessed by an elective
official at the latest as of the time he is proclaimed and at the start of the term of office to w/c he
has been elected
Labo vs Comelec
Sc disquali for lack of cit, a city mayor who claimed to have won the election by a resonant
and thunderous majority
Ph is not a cheap commodity that can be easily recovered after its renunciation
it may be entered only after the returning renegade makes a formal re-dedication to the country
he has abjured and he solemnly affirms once again his total and exclusive loyalty to the RP
this may not be accomplished by election to the PO

RA 9225 natural born cit who have been naturalized as citizens of a foreign country may re-

acquire Ph cit upon taking a prescribed oath of allegiance to the RP

those who may be naturalized as cit of a foreign countrty after the promulgation of the same law
shall retain or reacquire their Ph cit notwithstanding their having been naturalized as cit of a
foreign country shall enjoy full civil and political rights and be subject to all attendant liabilities
and responsibilities under existing laws of the Ph
they may vote, subj to certain requirements, seek elective PO provided they possess the quali
for said PO and at the time of the filing of their cert of candidacy, make personal and sworn
renunciation of any and all foreign cit before any public officer authorized to administer an oath
and may be appointed to any PO provided they subscribe and swear to an oath of allegiance to
the RP and its duly constituted authorities prior to their assumption of office and provided
further that they renounce their oath of allegiance to the country where they took that oath
the right to vote or be elected or appointed to any public office in the Ph cannot be exercised by,
or extended to those who
are candidates for or are occupying any PO in the country of w/c they are naturalized cit
are in active service as commissioned or non-commissioned officers in the armed forces of
the country w/c they are naturalized cit

Latasa vs Comelec
Sc dismissed the pet filed by 3 term municipal mayor who had filed a cert of candidacy in his
quest to become again, the mayor of said municipality w/c during his 3rd term had been coverted
into a component city
claiming that it was his 1st time to run as mayor of the newly-established component city, he
sought the reversal by the court of the resolution of the comelec provisding for his disquali on
the basis of the 3 term limit rule under the consti and the provisions of the LGC
*page 41
2. Who may prescribe qualifications
by the consti or by statute
quali for such offices as those of the pres and the SC are specified directly by the consti
the quali for statutory officers like heads of bureaus and local elective officials -laid down by
law / statute creating their offices
Qualifications for PO whether prescribed by the Consti or by statute may not be changed by
private agreement JBL Reyes in Saura v. Sindico
*page 42

Where the Consti itself creates or provides for the creation of the office but prescribes no
qualifications, the leg may repair the omission and supply the qualifications itself
ex National Economic and Devt Authority for w/c no qualifications for its officers are
prescribed by the Consti w/c mandated its creation

3. Scope of Qualifications
expressio unius est exclusio alterius it is not competent for the leg to add to these
qualifications
ex if in addition to the quali prescribed by the Constitution or if no quali are prescribed therein,
the leg is not inhibited from prescribing additional quali
Art XIII Sec 17(2) of Consti: term of office and other quali and disabilities of the members of
the CHR shall be provided by law

Art VIII Sec 7(2) Congress shall prescribe the quali of judges of lower courts, but no person
may be appointed judge thereof unless he is a cit of the Ph and a mem of the Ph bar
leg may prescribe other quali such as age, residence and the like
quali must not do so in such a detailed manner as to strip the appointing power of the discretion
it is entitled to exercise in the choice of the appointee
leg can only prescribe quali in a general manner only so as to allow the wildest possible field of
choice
if statute prescribes the quali in minute detail so as to practically pinpoint the appointee, the
appointment will in effect be made by the leg in derogation of the prerogative of the executive
only the mechanical act of appointment will be left to the executive as the choice will have
already been made by the leg
quali must be relevant to the position
Limitations on the power of the leg to prescribed in an exclusive manner by the Constitution
the leg may not reduce or increase the quali prescribed in an exclusive manner by the Const
the legislature may prescribe only general qualifications
the qualifications must be relevant to the office for w/c they are prescribed

4. Duration of Qualifications
prescribed qualifications should be possessed at the earliest on the date indicated by the Consti
or the law
Pres and mem of Congress, ConCom and elective local official should possess on the day of
their election
SC justices and inferior courts judges not nec on the date of appointment but at the time of
assumption of office
reason quali are prescribed not for purposes of appointment or election but to insure the
proper discharge of the duties of the office
the reckoning point in detremining the quali of an appointee is the date of issuance of the
appointment and not the date of its approval by the CSC or the date of resolution of the protest
against it
Quali continuinf requirements and must be possessed not only on the date of selection or
assumption but for the full duration of the officers' incumbency
eligibility to an office should be construed as of a continuing nature and must exist at the
commencement of the term and during occupancy of the office
moment any quali is lost during tenure = forfeited automatically
Yee vs Dir of Public School
pub school teacher lost her positions as such when she married a chinese and so under 1935
consti acquired his cit
SC: voluntary change of cit or a change thereof by operation of law disqualifies the public
officer from continuing to hold the civil service position to w/c he had qualified and had been
appointed
Qualification as an act
term quali is interpreted in another sense to wit as an act by w/c the public functionary formally
commences the discharge of his official duties

effected by taking an oath or filing of a bond or both in the case of certain officers
Sec 40 of Book I chap 10 Admin Code 1987 all public officers and employees of the govt
including every member of the armed forces shall before entering upon the discharge of his
duties take an oath or affirmation to uphold and defend the constituted
Accountable officers whose duties permit or require the possession or custody of govt funds
or prop and who shall be accountable therefor and for the safekeeping thereof in accordance w/
law
Tomalis vs CSC
compliance w/ legal requirements for an appointment to a civil service position is essential in
order to make it fully effective and until an appointment has become a completed act, it would
be precipitate to invoke the rule on security of tenure

Mendoza vs Laxina
Justice Ynares-Santiago: issue is the taking of an oath of office anew by duly proclaimed but
subsequently unseated local elective official a condition sine qua non to the validity of his reassumption in office where the comelec had previously ordered the relinquishment of the
contested position by his opponent?
*page 48

De facto officer in State v Carroll includes those who discharge their duties under color of a
known and valid appointment but have failed to conform to some condition, precedent or
requirement as to take an oath, file a bond or the like.

Failure to qualify
mere delay in qualifying does not result in automatic forefeiture of the office
delay only empowers the superior authorities to prevent entry into the office at a later time on
the ground that the same has been abandoned
xpn unavoidable absence
mechem: statutes requiring the taking of an oath like those w/c require also the taking of an
oath, like those w/c require also the giving of a bond, usually require that it shall be done w/in a
specified time
these statutes are generally construed to be directory merely and not mandatory
mere delay in taking the oath, if it be afterwards taken w/ the approval of the public authorities
while it may be ground for a forfeiture while the delay continues, does not amount ipso facto to
a rejection of the office, and when the oath is so taken the default is waived
diff when law requires quali w/in a specified time and adds that failure to qualify during that
period will result in automatic loss of the right to office
Sec 7 Art VII Consti: VP elect shall act as Pres if Pres elect shall fail to quali. Both P and VP
not quali = Pres of senate speaker of the house of rep until pres and Vp shall have been
chosen and qualified