Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 1

Nachura Law on Public Officers Notes: TERMINATION OF OFFICIAL RELATIONSHIP Part 1

Modes of Terminating Official Relationship

1. Expiration of term or tenure

2. Reaching the age limit

3. Resignation

4. Recall

5. Removal

6. Abandonment

7. Acceptance of an Incompatible Office

8. Abolition of Office

9. Prescription of the Right to Office

10. Impeachment

11. Death

12. Failure to Assume Elective Office w/in 6 months from proclamation

13. Conviction of a Crime

14. Filing of Certificate of Candidacy

Expiration of term or tenure

• Courtesy resignation during the EDSA Revolution – expiration of term; entitled to retirement benefits
• Termination presupposes an overt act committed by a superior officer
• Commencement of Term of Office

1. statute fixes a period – upon qualification

2. no time is fixed by law – date of appointment/election

3. law fixing the term is ambiguous – one that fixes the term at the shortest period should be followed

4. both duration of the term of office and the time of its commencement/termination are fixed by constitutional or statutory provision – person appointed or elected for vacancy shall hold the same only for the unexpired portion

5. only the duration is fixed, no time is fixed for beginning or end – person selected to fill the vacancy may serve the full term and not merely the unexpired balance of the prior incumbent’s term

6. office is created/officer appointed for the purpose of performing a single act or accomplishment of a given result – office terminates and the authority ceases with the accomplishment of the purposes which called it into being.

• Principle of Hold-Over: public officer is entitled to hold his office until his successor shall have been duly chosen and shall have qualified. Purpose is to prevent hiatus in public service.