LAW ON PUBLIC OFFICERS

I. Definition and Nature of Public Office

A public office is a position created by law or by competent authority, with duties and responsibilities involving the exercise of some portion of sovereign power, and the performance of which is for the benefit of the public.

A public officer refers to a person duly appointed or elected to a public office, who has the authority to perform official functions of a governmental character.

II. Essential Elements of a Public Office

To constitute a public office, the following elements must be present:

Creation by Law or Constitution – The position must be created by the Constitution, statute, or ordinance.
Sovereign Function – The duties involve the exercise of sovereign powers, either executive, legislative, or judicial.
Defined Duties and Responsibilities – The powers, duties, and responsibilities must be established by law.
Continuity – The position must have a continuous nature, not a temporary or contractual employment.
Taking of Oath – The officer must take an oath of office as required by law.

III. Classification of Public Officers

Elective vs. Appointive Officers – Elective officers are chosen by the people, while appointive officers are appointed by a competent authority.
Civil vs. Military Officers – Civil officers serve in civilian offices, while military officers serve in the armed forces.
Superior vs. Subordinate Officers – Superior officers have control over subordinates, while subordinate officers are subject to the control of others.

IV. Appointment to Public Office

A. Modes of Appointment

Regular Appointment – This is made pursuant to law and requires confirmation or approval by a constitutional body such as the Commission on Appointments.
Ad Interim Appointment – This is a temporary appointment made by the President when Congress is not in session and remains valid only until the next adjournment of Congress.
Acting Appointment – A temporary appointment made to fill a vacancy during the incapacity of the regular appointee.

B. Qualifications for Public Office

To be appointed to public office, an individual must satisfy:

Citizenship Requirement – Public office is generally reserved for Filipino citizens, as mandated by law.
Residency – Certain positions require a minimum period of residency.
Age Requirement – Some offices impose age restrictions, e.g., 40 years for President or Vice President.
Educational Requirement – Certain offices may require minimum educational qualifications.
Moral Character – The law requires that public officers possess good moral character and integrity.

C. Commission on Appointments

The Commission on Appointments (CA) is tasked with confirming certain presidential appointments. Key positions requiring CA confirmation include:

Department secretaries,
Ambassadors, and
Military officers of the rank of colonel or naval captain and higher.

D. Civil Service Commission (CSC)

The CSC is the central personnel agency of the Philippine government and has the authority to supervise appointments in the civil service to ensure that appointments comply with constitutional and statutory standards.

V. Rights and Liabilities of Public Officers

A. Rights of Public Officers

Right to Compensation – Public officers are entitled to compensation, which must be provided for by law. Salaries cannot be reduced during the officer's term.
Right to Tenure – Public officers, particularly those with security of tenure, cannot be removed except for just causes provided by law.
Right to a Due Process in Disciplinary Proceedings – Public officers are entitled to a fair hearing before they can be removed or suspended.
Right to Resign – Officers may resign, subject to legal formalities.

B. Liabilities of Public Officers

Criminal Liability – Public officers may be held criminally liable for acts such as graft, corruption, and other offenses defined under the Revised Penal Code and special laws (e.g., Anti-Graft and Corrupt Practices Act or R.A. 3019).
Civil Liability – They may be held liable for damages caused to private persons due to the illegal discharge of their functions.
Administrative Liability – Public officers may be disciplined, suspended, or removed from office for misconduct, inefficiency, or neglect of duty.
Impeachment – Certain high-ranking public officers (e.g., President, Vice President, members of the Supreme Court) can be removed via impeachment for acts constituting culpable violations of the Constitution, treason, bribery, graft, corruption, or other high crimes.

VI. Accountability and Transparency

A. Principle of Public Office as a Public Trust

Public office is a public trust, and public officers are accountable to the people. They must at all times uphold the Constitution, and discharge their duties with utmost responsibility, integrity, loyalty, and efficiency.

B. Anti-Graft and Corrupt Practices Act (R.A. 3019)

The Anti-Graft and Corrupt Practices Act criminalizes various forms of corruption and misconduct by public officers. Prohibited acts include:

Receiving Gifts or Benefits – Public officers are prohibited from soliciting or accepting gifts or bribes in connection with the discharge of their duties.
Influence Peddling – Public officers who allow themselves to be used in influencing other public officers in decisions related to official business are liable under this Act.
Unjust Enrichment – Any public officer found to have acquired wealth manifestly out of proportion to his legitimate income is presumed to have violated this law.

C. Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. 6713)

This law sets ethical standards for public officials and employees, including:

Commitment to Public Interest – Public officers must always prioritize public interest over personal gain.
Professionalism – Public officials must perform their duties with the highest degree of excellence, professionalism, intelligence, and skill.
Declaration of Assets, Liabilities, and Net Worth (SALN) – Public officials are required to declare their financial and business interests annually to promote transparency.

D. Office of the Ombudsman

The Ombudsman is tasked with investigating and prosecuting public officials who are involved in graft and corruption, or who violate ethical standards. The Ombudsman may also recommend the suspension or removal of public officers.

VII. Termination of Official Relation

Public officers may lose their position through the following:

Expiration of Term – The officer’s term naturally ends upon the expiration of the period for which he was elected or appointed.
Resignation – An officer voluntarily relinquishes his office, subject to acceptance by the appointing authority.
Removal for Cause – An officer may be removed from office for valid causes such as misconduct, corruption, or inefficiency.
Abandonment – This happens when a public officer fails to report for work without valid reason and with intent to relinquish the position.
Impeachment – High-ranking officials may be impeached for constitutional violations or high crimes.
Death, Disability, or Incapacity – If an officer becomes incapacitated or dies, the office becomes vacant.

VIII. Conclusion

The law on public officers emphasizes that public office is a public trust, and thus demands accountability, integrity, and efficiency from those who hold public positions. The frameworks set forth by the Constitution and various statutory laws aim to ensure that public officials perform their duties faithfully and serve the interests of the public, while also providing mechanisms to hold them accountable through disciplinary and legal processes. Understanding these principles is essential for promoting good governance and adherence to the rule of law in public service.