TERMINATION OF OFFICIAL RELATIONS

Modes of termination of official relations

a. Expiration of term or tenure of office
b. Reaching the age limit (retirement)
c. Death or permanent disability
d. Resignation
e. Acceptance of an incompatible office
f. Abandonment of office
g. Prescription of right to office
h. Removal
i. Impeachment
j. Abolition of office
k. Conviction of a crime
l. Recall
Natural causes:
1. By expiration of term of office
a. Upon expiration of the officers term, his rights, duties and authority
must ipso facto cease.
b. Term means a fixed and definite time prescribed by law or
Constitution by which an officer may hold an office. It does not
apply to appointive offices held at the pleasure of the appointing
power.
2. Removal and expiration of term distinguished
a. To remove an officer is to oust him from office before the
expiration of his term.
b. When the term is not fixed by law, and the incumbent is relieved by
the appointing authority, the legal effect is the same as if the term
had been fixed by Congress itself. There is no removal.
c. When an appointment is for a definite and renewable period, non-
renewal thereof does not involve dismissal but an expiration of
term.
3. Term and tenure distinguished
Term Tenure
The time during which the Represents the period during
officer may claim to hold the which the incumbent actually
office as of right hold office
Fixed and definite period of It may be shorter than term
time to hold office
It is not affected by holding-
over of the incumbent after
expiration of the term for
 which he was appointed
Nueno v. Angeles
Nueno claims right to office for being unable to serve for the full
term due to the Japanese occupation.
Nueno is not entitled to hold over notwithstanding the expiration
of his term. The term of office is fixed by law and cannot be extended
even by reason of war.

4. Commencement of terms of office

a. The date for commencement of the term is ordinarily fixed for some
appreciable period after the election or appointment.
b. When no time is fixed, the term will generally begin on the date of
the election or appointment.
c. Where the term runs from a certain date is excluded in the
computation.
5. Power of Congress to fix, shorten, or lengthen term
a. Where term fixed by the Constitution
Where the Constitution fixed the term of a civil office, it is
beyond the power of
Congress to affect the tenure of such office. Congress cannot
abridge or extend the
time so provided for the term of office can be shortened or
lengthened prospectively
by the vote of the people ratifying a constitutional
amendment.
b. Where term not fixed by the Constitution
1. Congress may fix the terms and limit the duration of the of office
in any way it
deems fit other than those provided for in the Constitution. If the
terms are
provided by law. The beginning and expiration of terms of officers
cannot be left
to the discretion of the person holding the office, or of the body
having the
appointing power.
 2. When Congress creates a public office, it has the powe to modify
the term of such
office in the public interest.
3. Congress, in the exercise of its budgetary authority, has no power
to shorten a
term of office fixed by legislative act by refusing to appropriate
funds necessary to
meet payroll requirements.

6. Holding over after expiration of term

a. Hold-over means that the officers term has expired but he
should continue
holding his office until his successor is appointed or chosen and
qualified. Mendoza v. Quisumbing, 186 SCRA 110(1990); Topacio
Nueno v. Angeles, 76Phil. 12 (1946))
1. Where holding over provided by law
When officers are elected or appointed for a fixed term, the
office does not become vacant upon expiration of the term but
the present incumbent will hold office until his successor is
elected and qualified to assume it.
2. Where holding over not provided by law
Unless such holding over be expressly or impliedly
prohibited, the incumbent may continue to hold until someone
else is elected and qualified to assume office.
3. Where Constitution limits term
Where the constitution itself limits the term of a public
officer without providing that he can continue in office after the
expiration of his official term until his successor is duly qualified,
holding over is not permitted.
4. Application of hold-over position
The provision for holding-over applies only where a fixed
term is annexed to an office. It is not applicable where the term
is of an indefinite duration.
5. Purpose of hold-over position
 The purpose of the hold-over position is to prevent hiatus
in the government pending the time when a successor may be
chosen.
6. Status of hold-over position
A public officer who holds over is a de jure officer if law
authorizes his holding-over, otherwise, he is a de facto officer.
Duldulao v. Ramos
After a municipality was converted into Occidental Mindoro,
Judge Ramos, a judge of the Court of First Instance of the original
province of Mindoro, whose sala is located in Oriental Mindoro,
issued an order affecting a land in Occidental Mindoro.
The judge acted within the scope of his jurisdiction. In the
absence of any provision to the contrary, the judge of Court of
First Instance (and the Register of Deeds) of the Province of
Mindoro continued after its division to be the judge both of
Occidental and Oriental Mindoro.
7. Office created for the accomplishment of a specific act.
The office terminates and the officers authority ceases
with the accomplishment of the purpose which called it into
being (e.g. once the Board of Canvassers fully performs its duty
with the proclamation of the candidates, the board is deemed
functus office).
8. By reaching of age limit
a. When a public officer reaches the age limit, it results in
compulsory
and automatic retirement of the public officer.
b. Under the Constitution
1. Members of the Supreme Court and judges of
lower court hold office during good behavior or until
they reach 70 years or become incapacitated to
discharge the duties of the office.
2. Public officers and employees are deemed
compulsory retired when they reach 65 years old.
9. By death or permanent disability
 A public official ceases to hold office upon his death
and all his rights and duties and obligations are
extinguished.
Permanent disability covers both physical and
mental disability is necessary to make any determination
conclusive.