Law of Public Officers: Chapter II — Eligibility and Qualification
Qualification.
Understood in two different senses:
May refer to endowments, qualities or attributes which make an individual eligible for public office
e.g., citizenship;
May refer to the act of entering into the performance of the functions of a public office
e.g., taking the oath of office.
When used in the sense of endowments, qualities or attributes, the individual must possess the qualifications at the time of appointment or election and continuously for as long as the official relationship continues.
Frivaldo v. Comelec, 257 SCRA 727:
The Supreme Court said that the Local Government Code does not specify the date when the candidate must possess Filipino citizenship.
Philippine citizenship is required in order to ensure that no alien shall govern our people.
An official begins to govern only upon his proclamation and on the day that his term begins.
Since Frivaldo took his oath of allegiance (as Filipino) on June 30, 1995 when his application for repatriation was granted by the Special Committee on Naturalization created under PD 825, he was therefore qualified to be proclaimed.
Besides, Sec. 39 of the Local Government Code speaks of qualifications of elective officials, not of candidates.
Property qualifications may not be imposed for the exercise of the right to run for public office.
Maquira v. Borra, 15 SCRA 7:
The Supreme Court declared as unconstitutional the law requiring each candidate to post a bond of P20.00 upon the filing of the certificate of candidacy, subject to forfeiture if he did not obtain at least 10% of the total votes cast in the constituency where he ran.
Loss of any of the qualifications during incumbency will be a ground for termination.
See Frivaldo v. Comelec, 174 SCRA 245; Labo v. Comelec, 176 SCRA 1.
When referring to the act of entering into the performance of the functions of the office, 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.
Sec. 11, B.P. 881:
The office of any official elected who fails or refuses to take his oath of office within six months from his proclamation shall be considered vacant, unless said failure is for a cause or causes beyond his control.
An oath of office is a qualifying requirement for a public office.
Only when the public officer has satisfied this prerequisite can his right to enter into the position be considered plenary and complete.
Until then, he has none at all, and for as long as he has not qualified, the holdover officer is the rightful occupant.
An oath of office taken before one who has no authority to administer oath is no oath at all.
However, once proclaimed and duly sworn in office, a public officer is entitled to assume office and to exercise the functions thereof.
The pendency of an election protest is not sufficient basis to enjoin him from assuming office or from discharging his functions.
Authority to prescribe qualifications.
When the qualifications (in the sense of endowments, attributes, etc.) are prescribed by the Constitution, they are:
generally exclusive
except where the Constitution itself provides otherwise.
Relative to public offices created by statute, Congress has virtually plenary powers to prescribe qualifications, provided that
the qualifications are germane to the objective/s for which the public office was created; and
the qualifications are not too specific as to fit a particular, identifiable person, because that would deprive the appointing authority of discretion in the selection of the appointee.
Disqualification.
Authority.
The legislature has the right to prescribe disqualifications in the same manner that it can prescribe qualifications, provided that the prescribed disqualifications do not violate the Constitution.
Dumlao v. Comelec, 95 SCRA 400:
The part of the law which provided that the mere filing of a criminal information for disloyalty was prima facie proof of guilt, and thus sufficient to disqualify a person from running for public office, was held unconstitutional for being contrary to the constitutional presumption of innocence.
The disqualifications prescribed by law may be:
because of unfitness for public office, or
because the person is rendered ineligible for the office.
General disqualifications under the Constitution.
Sec. 6, Art. IX-B:
No candidate who lost in an election shall, within one year after such election, be appointed to any office in Government.
Sec. 7(1), Art. IX-B:
No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
Flores v. Drilon, G.R. No. 104732, June 22, 1993:
The Supreme Court declared as constitutional the provision of the law creating the Subic Bay Metropolitan Authority which mandated the appointment — as first Administrator of the Authority — the incumbent Mayor of Olongapo City.
Sec. 7(2), Art. IX-B:
Unless otherwise allowed by law or by the primary functions of his position, no appointive official shall hold any other position in Government.
National Amnesty Commission v. Commission on Audit, G. R. No. 156982, September 8, 2004:
It was held that when another office is held by a public officer in an ex officio capacity, as provided by law and as required by the primary functions of his office, there is no violation, because such other office does not comprise “any other position.”
The ex officio position is actually and, in legal contemplation, part of the principal office. But the official concerned is not entitled to receive additional compensation for his services in the said position because his services are already paid for and covered by the compensation attached to his principal office.
Specific disqualifications under the Constitution.
Sec. 13, Art. VII:
The President, Vice President, the Members of the Cabinet, and their deputies or assistants shall not, unless otherwise provided in the Constitution, hold any other office or employment during their tenure.
Civil Liberties Union v. Executive Secretary, 194 SCRA 317:
The Supreme Court declared as unconstitutional Executive Order No. 284, which would allow Cabinet Secretaries to hold two other offices.
National Amnesty Commission v. Commission on Audit, G. R. No. 156982, September 8, 2004:
But when the other office is held in an ex officio capacity, there is no violation, provided that the official concerned is not entitled to additional compensation for his services.
Sec. 13, Art. VI:
No Senator or Member of the House of Representatives may hold any other office or employment in the Government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, during his term without forfeiting his seat.
Neither shall he be appointed to any office which may have been created or the emoluments thereof increased during the term for which he was elected.
Sec. 12, Art. VIII:
The Members of the Supreme Court and of other courts established by law shall not be designated to any agency performing quasi-judicial or administrative functions.
Sec. 2, Art. IX-A & Sec. 8, Art. XI:
No Member of a Constitutional Commission shall, during his tenure, hold any other office or employment.
The same disqualification applies to the Ombudsman and his Deputies.
Sec. 11, Art. XI:
The Ombudsman and his Deputies shall not be qualified to run for any office in the election immediately succeeding their cessation from office.
Sec. 1, Art. IX-B; Sec. 1, Art. IX-C; Sec. 1, Art. IX-D; Sec. 8, Art. XI:
Members of Constitutional Commissions, the Ombudsman and his Deputies must not have been candidates for any elective position in the elections immediately preceding their appointment.
Sec. 1(2), Art. IX-B; Sec. 1 (2), Art. IX-C; Sec. 1 (2), Art. IX-D; Sec. 11, Art. XI:
Members of Constitutional Commissions, the Ombudsman and his Deputies are appointed to a term of seven (7) years, without reappointment.
Sec. 13, Art. VII:
The spouse and relatives by consanguinity or affinity within the fourth civil degree of the President shall not during his tenure be appointed as:
Members of the Constitutional Commissions, or
the Office of the Ombudsman, or as
Secretaries,
Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled corporations.
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