Political Law and Public International Law: Law on Public Officers

B. Modes of Acquiring Title to Public Office

Public office, in general, refers to a position or post in the government conferred by law, which involves the exercise of governmental powers and duties. The authority to hold such office is grounded on the legal concept that no one can assume or exercise any public office unless they are properly vested with the title to it.

This title to public office can be acquired through several legal modes that ensure a rightful and valid acquisition. These modes are carefully prescribed by law to uphold the integrity of public service and the rule of law.

The modes of acquiring title to public office in the Philippines are:

1. Appointment

Appointment is a discretionary act by which a person is designated to hold a specific public office. It is a common mode of acquiring public office, particularly in positions that are not subject to elections. The President, governors, mayors, and heads of agencies generally have the power to appoint individuals to specific offices within the limitations set by law.

Essential Elements of Appointment

Discretionary Authority: Appointment is an executive prerogative. The appointing authority has discretion in choosing the appointee, subject to qualifications and eligibility requirements.
Consent of Appointee: The person appointed must accept the appointment to acquire title to the office.
Proper Authority: The appointing power must have the lawful authority to appoint for the act to be valid.
Notice and Acceptance: The appointment must be duly communicated to the appointee, and the appointee must accept the appointment. Without notice or acceptance, no title vests in the appointee.

Types of Appointment

Regular or Permanent Appointment: This is made to a position that is considered part of the regular workforce of the government, and the appointee enjoys security of tenure, subject to laws, regulations, and performance evaluation.
Temporary Appointment: This is made when the position is not vacant or in case of an urgent necessity. It is a short-term appointment and does not confer security of tenure.
Ad Interim Appointment: An ad interim appointment is made when Congress is not in session and takes effect immediately. However, it is subject to confirmation by the Commission on Appointments when Congress resumes session.

Confirmation by Commission on Appointments (CA)

Certain key appointments made by the President, such as Cabinet members, ambassadors, and other high-ranking officials, require the confirmation of the Commission on Appointments. An ad interim appointment that is not confirmed lapses, and the position reverts to vacancy.

2. Election

Election is the process where a person is chosen by the qualified voters of the state or a political subdivision to hold public office. It is the most democratic means of acquiring public office, particularly for positions in the executive and legislative branches of government.

Essential Features of Election

Popular Mandate: Public officers chosen by election acquire title by the direct or indirect vote of the people.
Constitutional or Statutory Basis: The position must be one that is elective by law. For example, members of Congress, the President, and local officials such as governors and mayors are elected.
Eligibility Requirements: Candidates must meet the qualifications for the position as prescribed by the Constitution or statutes, such as citizenship, residency, age, and other specific requirements.
Proclamation: A candidate who receives the majority or plurality of votes is proclaimed the winner, and title to the office is vested upon the issuance of a Certificate of Proclamation by the duly authorized electoral body.

Types of Election

Regular Elections: Held at intervals set by law for particular offices (e.g., every three years for local officials and every six years for the President and Vice President).
Special Elections: Held to fill a vacancy that occurs before the expiration of the term of office, such as when an elected official dies, resigns, or is removed.

3. Succession

Succession is a mode of acquiring public office by virtue of a pre-existing law or provision that allows an official to automatically assume the position when a vacancy occurs. Succession commonly applies to offices with an established line of succession, such as in the case of the President and Vice President.

Examples of Succession

Presidential Succession: The Vice President succeeds to the presidency in the event of the death, resignation, permanent disability, or removal of the President.
Local Government Succession: The vice governor or vice mayor succeeds the governor or mayor, respectively, under similar circumstances.

Succession may also occur when a higher official is temporarily incapacitated or absent. In such cases, the next official in the line of succession assumes the duties of the office in an acting capacity.

4. Designation

Designation is an administrative mechanism where a person who already holds a public office is tasked with temporarily performing the functions of another office. It does not confer title to the new office but allows the designated person to carry out the necessary duties.

Characteristics of Designation

Temporary Assignment: The designated person retains their original office and performs the duties of the designated office only temporarily.
No New Title to Office: Designation does not result in the appointee gaining permanent or substantive title to the designated office.
Usually Administrative in Nature: Designation is common in administrative setups where there is a need to fill a temporary void or manage workloads.

5. Promotion

Promotion is a form of appointment where an officer or employee is moved to a higher position within the same office or department, usually based on merit, seniority, or a combination of both.

Aspects of Promotion

Increase in Rank and Responsibilities: The person being promoted is elevated to a higher rank, usually with greater responsibilities, powers, and benefits.
Subject to Merit and Fitness: Promotion is generally governed by the merit system, particularly in the civil service, and is subject to strict eligibility criteria, including performance evaluation and qualifications.

6. Legislative Creation

Legislative creation refers to instances where a person assumes public office by virtue of legislation that creates a new public office or position. The legislature has the power to establish offices, define their functions, and sometimes designate or appoint persons to fill those offices.

Example: The legislature creates a statutory body or commission and grants its members title to the office upon their appointment or election as stipulated by the law.

7. Acceptance

Even after an appointment, election, or succession, the individual must accept the office. Acceptance may be either express or implied, and it formalizes the acquisition of title to the public office.

Express Acceptance: An express declaration or oath of office where the individual affirms their willingness to assume the position.
Implied Acceptance: An individual may accept the office by taking actions consistent with the duties of the office, such as starting work, receiving a salary, or attending to official functions.

8. Assumption of Office

Once the appointment, election, or other mode of acquiring title is finalized, and the person has accepted the office, they must assume the office. This involves taking the necessary oath of office and performing the required official duties.

Oath of Office

The oath of office is a constitutional or legal requirement for public officers before they can officially assume their duties. Without taking the oath, even if all other requisites are satisfied, the title to the office is not perfected.

Conclusion

Acquiring title to a public office involves adherence to specific legal modes such as appointment, election, succession, designation, promotion, legislative creation, and acceptance. Each mode has its own requirements and legal foundations, which ensure that public officers acquire their positions lawfully and with proper authority. These mechanisms help maintain the integrity of public service and ensure that only qualified individuals perform public duties for the benefit of the state and its citizens.