Nachura Law on Public Officers Notes: COMMENCEMENT OF OFFICIAL RELATIONS Part 1

Nachura Law on Public Officers Notes: COMMENCEMENT OF OFFICIAL RELATIONS Part 1

Official relations are commenced:

1)Appointment
2)Election

Appointment

– selection by the authority vested with the power, of an individual who is to perform the functions of a given office.

Commission

– written evidence of appointment

Designation

– imposition of additional duties

Classification

1)Permanent

– Extended to person possessing the requisite qualifications

-Security of tenure

2) Temporary

– Acting appointment

– May not possess the requisite qualifications for eligibility

– Revocable at will, without necessity of just cause or a valid investigation

– Acquisition of the appropriate civil service eligibility by a temporary appointee will not ipso facto convert the temporary appointment into a permanent one; new appointment is necessary

– Appointment to a position in the Career Service of the Civil Service does not necessarily mean that the appointment is a permanent one – depend on the nature of the appointment which in turn depends on the appointee’s eligibility or lack of it.

– Acceptance by petitioner of a temporary appointment resulted in the termination of official relationship with his former permanent position.

– Temporary appointment shall not exceed 12 months.

– Mere designation does not confer security of tenure – person designated occupies the position only in an acting capacity.

– Appointment is subject to conditions, appointment is not permanent.

– Appointee cannot claim a complete appointment as long as the re-evaluation incidental to the re-organization is still pending.

– “unless terminated sooner” – even if co-terminous with the project, it is nevertheless subject to the appointing authority.

– Where temporary appointment is for a FIXED period, appointment may be revoked only at the expiration of the period OR if before, it must be for a valid and just cause.

3) Regular

– One made by the President while Congress is in session after the nomination is confirmed by the Commission on Appointments and continues until the end of the term.

4) Ad-interim

– Made while Congress is not in session, before confirmation by the Commission on Appointments, is immediately effective

– Ceases to be valid if disapproved or bypassed by COA upon next adjournment of Congress

– Permanent appointment

– That it is subject to confirmation, does not alter its permanent character.

-Regular and Ad-interim Classification may be used only when referring to the following:

1) Heads of Executive Department;
2) Ambassadors and other Publi Ministers and Consuls
3) Officers of the AFP, from rank of colonel or naval captain
4) Officers whose appointments are vested in the President under the Constitution.

Steps in Appointing Process

For REGULAR Appointments

1) Nomination by President
2) Confirmation by COA
3) Issuance of the Commission
4) Acceptance by the appointee

AD-INTERIM Appointment

1) Nomination by President
2) Issuance of the Commission
3) Acceptance by the appointee
4) Confirmation by COA

DO NOT require Confirmation

1) Appointment by Appointing Authority
2) Issuance of the Commission
3) Acceptance by the Appointee

– A person cannot be compelled to accept an appointment EXCEPT when the appointment is made to an office required in defense of the State

– Where appointment is to the CAREER SERVICE of the CIVIL SERVICE, attestation by the Civil Service Commission is required. Otherwise, not deemed complete. Appointment not submitted to the CSC w/in 30 days from the issuance (date appearing on the face of the appointment) shall be ineffective.

– CSC is authorized to check of the appointee possesses the qualifications and appropriate eligibility; if he does, appointment must be approved; of not, it is disapproved.

– Appointment is complete when the last act required of the appointing power is performed; until the process is completed, appointee can claim no vested right in the officer nor claim security of tenure.

– Appointment to be valid, position must be vacant.