LAW ON PUBLIC OFFICERS - ‘Employee’ includes any person in the service of
By Ruben E. Agpalo the government or any of its agencies, divisions,
Summarized by Eva Angeline M. Trinidad
CHAPTER I: Nature and Elements of Public Office
Public offices are created:
1. By the Constitution
2. By the law
3. By the authority of law
a. i.e. delegation of Congress of the power to
create positions
Public offices are filled up by:
1. Appointment
2. Election
3. Contract
4. Other modes authorized by the law
Public office defined.
“Public office” is frequently used to refer to the right,
authority, and duty, created and conferred by law, by
which, for a given period either fixed by law or enduring
at the pleasure of the creating power, an individual is
invested with some portion of the sovereign functions of
government, to be exercised by that individual for the
benefit of the public. 1
Public office is a public trust.
1. This implies a fiduciary relationship between a
public officer, who is a trustee, and the people who
are the beneficiaries of a public office.
2. All government officials and employees must be
accountable to the people, and exhibit at all times
the highest sense of honesty and integrity.
Public office is not property.
1. However, the right to office is nevertheless a right
protected by the security of tenure provision of the
Constitution.2
2. It is personal to the public officer and is not
property transmissible to his heirs upon his death.3
Public officer and employee defined.
Under the 1987 Administrative Code:
- ‘Officer’ refers to a person whose duties involve
the exercise of discretion in the performance of
the functions of the government.
o When used with reference to a person
having authority to do a particular act
or perform a particular function in the
exercise of governmental power,
‘officer’ includes any government
employee, agent or body having
authority to do the act or exercise that
function.
1 Fernandez v. Sto. Tomas, 242 SCRA 192 [1995].
2 Morfe v. Mutuc, 22 SCRA 424 [1968].
3 Santos v. Secretary of Labor, 22 SCRA 848 [1968].
subdivisions, or instrumentalities.
Under Article 203 of the Revised Penal Code:
To be a public officer, one must:4
1. Take part in the performance of public functions in
the government, or perform in said government or
any of its branches public duties as an employee,
agent, or subordinate official, or any rank or class;
and
2. That his authority to take part in the performance of
public functions or to perform public duties must
be:
a. By direct provision of law, or
b. By popular election, or
c. Appointment by competent authority.
Under the Anti-Graft and Corrupt Practices Act:
- ‘Public officer’ includes elective and appointive
officials and employees, permanent or
temporary, whether in the classified or
unclassified or exempt service receiving
compensation, even nominal, from the
government.5
- The definition is not restrictive.
Under the Code of Conduct and Ethical Standards for
Public Officials:
- ‘Public officials’ includes elective and appointive
officials and employees, permanent or
temporary, whether in the career or non-career
service, including military and police personnel,
whether or not they receive compensation,
regardless of amount.6
Under R.A. 7080, an act defining and penalizing the
crime of plunder:
- ‘Public officer’ means any person holding any
public office in the Government of the Republic
of the Philippines by virtue of an appointment,
election, or contract.7
- Ordinarily, a person becomes a public officer
only by virtue of an appointment or election.
o However, for R.A. 7080, a person may
become a public officer by virtue of a
contract executed between him and the
government.
Under Section 44, Rule 130 of the Rules of Court:
- In relation to “entries in official records made in
the performance of his duty by a public officer
of the Philippines,” officials of government
corporations not wholly owned by the
government are not public officers within the
contemplation of the provision.8
4 Azarcon v. Sandiganbayan, 268 SCRA 747 [1997].
5 Sec 2(a), R.A. 3019, as amended.
6 Sec 3(b), R.A. 6713.
7 Sec 1(a), R.A. 7080.
8 Borromeo v. CA, 70 SCRA 3229 [1976].
Who are the public officers.
Classifications of public officers
1. Civil or military
2. National or local
3. Elective or appointive
4. Those whose positions are created by the
Constitution or statutes
5. Executive, legislative, or judiciary
The bulk of the personnel in bureaucracy is composed of
the civil service officers and employees.
- They are all appointive officers or employees,
either presidential or non-presidential
appointees.
- Non-presidential appointees are subject to
approval by the Civil Service Commission.
The Civil Service Law classifies employment into career
and non-career service.
Career service is characterized by:
1. Entrance based on merit and fitness, to be
determined as far as practicable by:
a. Competitive examination, or
b. Highly technical qualifications;
2. Opportunity for advancement to higher career
positions; and
3. Security of tenure.
Positions under the career service include those which
require qualifications in an appropriate examination,
positions which are highly scientific or technical in
nature, personnel of GOCCs, and permanent laborers,
among others.9
CHAPTER II: APPOINTMENT OF PUBLIC
OFFICERS
Qualifications of appointive officers.
Generally:
- A public officer must possess all the
qualifications and none of the disqualifications
prescribed by the law for the position.
o Not only at the time of his election or
appointment but also during his
incumbency.
“Qualification for office”
- The endowment or accomplishment that fits for
an office; having the legal requisites, endowed
with qualities fit or suitable for the purpose
- The possession of the qualities or circumstances
which are inherently or legally necessary to
render him eligible to fill an office or to perform
a public duty or function
The qualifications or disqualifications are mandatory.
- Lack of qualification or existence of a
disqualification makes the appointment or
election null and void.
The qualifications are continuing in nature and must
exist at the commencement of the term and occupancy
of the office. Otherwise, he forfeits his office.
- Forfeiture however is not automatic. Proper
action must be filed against him.
- Effect on elective officials: he is ineligible and
his election to office is null and void.

Non-career service is characterized by:

1. Entrance on bases other than those of the usual
test of merit and fitness utilized for the career
service; and
2. Tenure which is limited to:
a. A period specified by law, or
b. Which is coterminous with that of the
appointing authority, or subject to his
pleasures, or
c. Which is limited to the duration of a
particular project for which purposes
employment was made.

Positions under the non-career service include elective

officials and their personal or confidential staff,
department heads and other officials of Cabinet rank,
Chairmen and members of commissions and boards
with fixed terms of office as well as their personal or
confidential staff, contractual personal, and emergency
and seasonal personnel.10

9 Sec 5, P.D. 807.

10 Sec 6, Ibid.