Nachura Law on Public Officers Notes: ELIGIBILITY AND QUALIFICATIONS

Nachura Law on Public Officers Notes: ELIGIBILITY AND QUALIFICATIONS

Qualifications

2 Different Senses:

1. endowments, qualities, attributes which make an individual eligible for public office must possess at the time of the appointment/election and continuously for as long as the official relationship exists

2. act of entering into the performance of the functions of public office

Property qualifications may not be imposed for the exercise of the right to run for public office.
Loss of any of the qualifications during incumbency will be a ground for termination.
Failure of an officer to perform an act required by law could affect the officer’s title to the given office.
Prolonged failure or refusal to take the oath of office could result in forfeiture of the office.
BP 881 – “the office of any official ELECTED who fails or refuses to take his oath of office within 6 months from his proclamation shall be considered vacant UNLESS failure is for a cause/s beyond his control.
Oath of office is a qualifying requirement for public office.
Until he is qualified, the holdover officer is the rightful occupant.
Oath of office taken before one who has no authority to administer oath, is no oath at all.
Pendency of election protest is not sufficient basis to enjoin him from assuming office or from discharging his functions.

Authority to Prescribe Qualifications

Qualification prescribed by Constitution – generally exclusive unless Constitution provides otherwise
Public officers created by statute – Congress has plenary powers to prescribe qualifications, provided:

1. germane to the objectives for which the office was created
2. qualifications are not too specific as to fit a particular identifiable person that would deprive appointing authority of discretion in the selection of the appointee

Disqualifications

-Authority

Legislature has the right to prescribe disqualifications in the same manner as it can prescribe qualifications.
Limitation: do not violate the Constitution
Disqualification may be because of unfitness for public office or because the person is rendered ineligible for the office.

-General Disqualifications under the Constitution

1. No candidate who lost in an election, shall, within 1 year after such election, be appointed to any office in the Government.

2. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.

3. No appointive official shall hold any other position in the Government, unless otherwise allowed by law or the primary functions of his office.

*ex-officio capacity

-Specific Disqualification under the Constitution

1. President, VP, Cabinet Members and their deputies and assistants shall not hold any other office or employment during their tenure, UNLESS otherwise provided in the Constitution.

2. No Senator or Member of the HR may hold any other office or employment in the Government including GOCC, during his term without forfeiting his seat. Neither shall he be appointed to any office which may have been created or the emoluments increased during the term for which he was elected.

3. Members of the SC and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.

4. No member of the Constitutional Commission shall during his tenure, hold any other office or employment. Applies to Ombudsman and his deputies.

5. Ombudsman and his deputies shall not be qualified to run for office in the election immediately succeeding their cessation.

6. Members of the Constitutional Commission, Ombudsman and deputies must not have been candidates for any elective position in the election immediately preceding their appointments.

7. Members of the Constitutional Commission, Ombudsman and his deputies are appointed to a term of 7 years, without reappointment.

8. Spouse and relatives by consanguinity or affinity within the 4th civil degree of the President shall not during his tenure be appointed: