FORMATION OF OFFICIAL RELATION

APPOINTMENT OF PUBLIC OFFICERS Definition Appointment is an unequivocal act of designation by the executive officer, board, or body to whom that power has been delegated, of the individual who is to exercise the powers and functions of a given office or trust. It is to be distinguished from the selection or designation by a popular vote. Acceptance of appointment is not necessary for the completion or validity of appointment. Acceptance may be express when it is done verbally or in writing. Acceptance is implied when without formal acceptance; the appointee enters upon the exercise of the duties and functions of an office. The general rule is that an appointment to an office, once made and complete, is not subject to reconsideration or revocation. The exception is where an officer is removable at will of the appointing power. Political. Appointment is generally a political question so long as the appointee fulfills the minimum qualification requirements prescribed by law. Vacancy for Validity. !or the appointment to be valid, the position must be vacant "#ostin v $uimbo% Designation is simply the mere imposition of new or additional duties upon an officer to be performed by him in a special manner. It presupposes that the officer is already in the service by virtue of an earlier appointment, performing other functions. A mere designation does not confer security of tenure, as the person designated occupies the position only in an acting capacity. "&evilla vs. #A, '() &#*A +,-% .esignation .efinition 1xtent of 2owers &ecurity of tenure4
Imposition of additional duties upon an existing office 3imited

Appointment
&election of an individual to occupy a certain public office by one authori/ed by law to ma0e such selection #omprehensive 6es Assumption of a 'nd appointive position is usually deemed abandonment of the first office.

5o Assumption of a designated 7hen deemed position is not deemed abandonment of abandonment of the 8st prior office position

Nature of Appointing Power The power to appoint is intrinsically an executive act involving the exercise of discretion. 9ut it is not limited to the executive department. "#oncepcion v. 2aredes% The power and prerogative to a vacant position in the civil service is lodged with the appointing authority. 2ower of appointment is absolute when the choice of the appointing authority is conclusive. It is conditional where assent or approval by some other officer or body is necessary to complete the appointment. :ust be unhindered and unlimited by #ongress. #ongress cannot either appoint a public officer or impose upon the 2resident the duty to appoint any particular person to an office. The appointing power is the exclusive prerogative of the 2resident, upon which no limitations may be imposed by #ongress, 1;#12T those< o requiring the concurrence of the #ommission on Appointments; and o resulting from the exercise of the limited legislative power to prescribe the qualifications to a given appointive office. ":analang v. $uitoriano% The 2resident=s power to appoint under the #onstitution should necessarily have a

reasonable measure of freedom, latitude, or discretion in choosing appointees. "#uyeg0eng v. #ru/% 7here only one can qualify for the posts in question, the 2resident is precluded from exercising his discretion to choose whom to appoint. &uch supposed power of appointment, sans the essential element of choice, is no power at all and goes against the very nature itself of appointment. "!lores v. .rilon%

Classifi ation of appoint!ents" 8. 2ermanent > extended to a person possessing the requisite qualification for the position and thus enjoys security of tenure. Note: Conditional appointments permanent '. Temporary > acting appointment; a temporary appointee need not be qualified or civil service eligible; is without a definite tenure and is dependent upon the pleasure of the appointing power; occupy a position in an acting capacity and do not enjoy security of tenure. "&evilla v #A%; even a #areer &ervice ?fficer unqualified for the position is deemed temporarily>appointed. A public officer who later accepts a temporary appointment terminates his relationship with his former office. "*omualde/ III v #&#% 1;#12T !ixed>2eriod Temporary Appointments< may be revo0ed ?536 at the period=s expiration. *evocation before expiration must be for a valid cause. ".uration% until a permanent appointment is issued. ,. 2rovisional > one which may be issued upon< a. 2rior authori/ation of the #ommissioner of the #ivil &ervice b. To a person who has not qualified in an appropriate examination c. 9ut who otherwise meets the requirements for appointment to a regular position in the competitive service d. 7henever a vacancy occurs e. The filing thereof is necessary in the interest of the service and f. There is no appropriate register of those who are eligible at the time of appointment. @. *egular > one made by the 2resident while #ongress is in session and becomes effective after the nomination is confirmed by the #ommission on Appointment and continues until the end of the term. A. Ad>interim a. *ecess > one made while the #ongress is not in session, before confirmation by the #ommission on Appointment; immediately effective; and ceases to be valid if disapproved or bypassed by #A upon the next adjournment of #ongress; b. :idnight > made by the 2resident before his term expires, whether or not it is confirmed by the #A o Mati#ag $s% Benipa&o' ()* SCRA +, Ad interim means Bin the meantimeC or Bfor the time beingC. An ad interim appointment means a permanent appointment made by the 2resident in the meantime that #ongress is in recess. It does not mean a temporary appointment that can be withdrawn or revo0ed at any time. An ad interim appointee who has qualified and assumed office becomes at that moment a government employee and therefore part of the civil service. De enjoys the constitutional protection that he cannot be suspended or removed except for causes provided by law. The withdrawal or revocation of an ad interim appointment is possible only if it is communicated to the appointee before the moment he qualifies, and any withdrawal or revocation thereafter is tantamount to removal from office. ?nce an appointee has qualified, he acquires a legal right to the office which is protected not only by statute but also by the #onstitution. De can only be removed for cause, after notice and hearing, consistent with the requirements of due process.

A- Interi! o o Ta0es effect immediately Appointee assumes office immediately and later on the appointment should be confirmed by the #A :ade while #ongress is not in session o o

Regular .oes not ta0e effect immediately Appointee assumes office only after confirmation by the #A :ade when #ongress is in session

The distinction lies in the effectivity of the appointment Ad interim appointee by>passed by the #A is no longer subject to re> appointment. De is deemed to have vacated the office.

Mi-nig.t Appoint!ents A 2resident or Acting 2resident is prohibited from ma0ing appointments ' months immediately before the next presidential elections and up to the end of his term. "Art. EII, &ec. 8A, 8)F- #onst.% 1xception < o Temporary appointments to executive positions when continued vacant, vacancies therein will prejudice public service or endanger public safety. o A 2resident or Acting 2resident shall not appoint ' months immediately before the next presidential elections until his term ends. "Art. EII, &ec. 8A, 8)F- #onst.% B&/passe- Appoint!ent ?ne that has not been finally acted upon on the merits by the #A at the close of the session of #ongress. There is no final decision by the #ommission on Appointments to give or withhold its consent to the appointment as required by the #onstitution. Absent such decision, the 2resident is free to renew the ad interim appointment of a by> passed appointee. An ad interim appointee disapproved by the #?A cannot be reappointed. 9ut a by>passed appointee, or one whose appointment was not acted upon the merits by the #?A, may be appointed again by the 2resident. Co!!ission > is the written evidence of appointment. A ting Appoint!ent > a temporary appointment and revocable in character. Dou#le Appoint!ent 5ot prohibited as long as the positions involved are not incompatible, except that the officer or employee appointed cannot receive additional or double compensation unless specifically authori/ed by law. Pri!aril& Confi-ential Positions .enotes not only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which insures freedom of intercourse without embarrassment or freedom from misgivings of betrayals of personal trust and confidential matters of state. It is the fact of loss of confidence, not the reason for it that is important and controlling. "&antos vs. :acaraig, '(F &#*A -@% Steps in t.e Appointing Pro ess" 8. Nomination G exclusive prerogative of the 2resident '. Confirmation G belongs to #ongress i.e. #ommission on Appointments "#onfirmation on the part of the #ivil &ervice #ommission is called BAttestationC% ,. Issuance of commission G a commission is a written authority from a competent source given to the officer as his warrant for the exercise of the powers and duties of the office to which he is commissioned. !or Appointments requiring confirmation< *egular Appointments "5#IA% 8. 2resident nominates. '. #ommission on Appointments confirms. ,. #ommission issues appointment. @. Appointee accepts.

Ad>Interim Appointments "5IA#% 8. 2resident nominates. '. #ommission issues appointment. ,. Appointee accepts. @. #ommission on Appointments confirms. !or Appointments not requiring confirmation "AIA% 8. Appointing authority appoints. '. #ommission issues appointment. ,. Appointee accepts.

Note< If a person is appointed to the career service of the #ivil &ervice, the #ivil &ervice #ommission must bestow attestation. Constitutional Pro$isions $ < 7ho can the 2resident nominate and appoint with the consent of the #ommission on Appointments4 A < 8. Deads of the executive departments "Art. EII, &ec. 8+, 8)F- #onst.% '. Ambassadors ,. ?ther public ministers and consuls @. ?fficers of the armed forces from the ran0 or colonel or naval captain A. ?ther officers whose appointments are vested in him by the #onstitution including #onstitutional #ommissioners "Art. I;>9, &ec. 8 "'% for #&#; Art. I;>#, &ec. 8 "'% for #?:131#; Art. I;>., &ec. 8 "'% for #?A% $ < A < 7ho can the 2resident appoint without the need for #A approval4 All other officers of the government whose appointments are not otherwise provided for by law; 8. Those whom he may be authori/ed by law to appoint; '. :embers of the &upreme #ourt;
Note: To be appointed from a list of at least 3 nominees prepared by the Judicial and Bar Council Art! VIII" #ec! $" %$&' Const!(

,. Hudges of lower courts;

Note: To be appointed from a list of at least 3 nominees prepared by the Judicial and Bar Council Art! VIII" #ec! $" %$&' Const!(

@. ?mbudsman and his deputies

Note: To be appointed from a list of at least ) nominees prepared by the Judicial and Bar Council" and from a list of 3 nominees for e*ery *acancy thereafter Art! +I" #ec! $" %$&' Const!(

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.oes the 2resident have the power to ma0e appointments when #ongress is in recess4 6es. Dowever, such appointments shall be effective only until< 8. .isapproval by the #ommission on Appointments; or '. The next adjournment of the #ongress "&ec. 8+, Art. EII, 8)F- #onst.% 7hat is the affectivity of appointments extended by an Acting 2resident4 &uch appointments shall remain effective unless revo0ed by the elected 2resident within )( days from his assumption or re>assumption of office. "&ec. 8@, Art. EII, 8)F#onst.%

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0ACANCIES AND SUCCESSION

There is a vacancy when an office is empty and without a legally qualified incumbent appointed or elected to it with a lawful right to exercise its powers and perform its duties. There can be no appointment to a non>vacant position. #auses of vacancy are death, permanent disability, removal from office, or resignation of the incumbent. ?ther causes of vacancy are abandonment, expiration of term, conviction of a crime,

impeachment conviction, acceptance of incompatible office, creation of a new office, reaching the age limit, and recall. #oncept of Eacancy< 8. ?ne who illegally terminated, by legal fiction, is deemed not to have vacated his position '. ?ne, no matter how qualified, may not fill a position which is not vacant Ne1t/in Ran2 Rule &pecifically applies only in cases of promotion but it is not a mandatory requirement. *efers to a position which, by reason of the hierarchical arrangement of positions in the department or agency or in government, is determined to be the nearest degree of relationship to a higher position ta0ing into account the following< 8. ?rgani/ation structure is reflected in the approved organi/ational chart; '. #lassification andIor functional relationships; ,. &alary andIor range allocation; @. Jeographical location. A qualified next>in>ran0 is an employee appointed on a permanent basis to a position previously determined to be next>in>ran0 to the vacancy proposed to be filled and who meets the requisites for appointment thereto as previously determined by the appointing authority and approved by the #ivil &ervice #ommission. The next>in>ran0 rule neither grants a vested right to the holder nor imposes a ministerial duty on the appointing authority. Transfer > a lateral movement in the same position Pro!otion > is a vertical movement of position Rule on Auto!ati Su ession 3Se tion ++' L4C5 A permanent vacancy arises when an elective local official< 8. !ills a higher vacant office; '. *efuses to assume office; ,. !ails to qualify; @. .ies; A. Is removed from office; +. Eoluntarily resigns; -. ?r is otherwise permanently incapacitated to discharge the functions of his office. *an0ing in the &anggunian shall be determined on the basis of the proportion of votes obtained by each winning candidate to the total number of registered voters in each district in the immediately preceding local election. Jovernor :ayor 2unong 9arangay

Eice Jovernor

Eice :ayor

Dighest ran0ing &anggunian :ember

or "in case of permanent inability of the highest

ran0ing member%

'nd Dighest ran0ing &anggunian :ember

In case of tie between or among the highest ran0ing sanggunian membersKit shall be resolved by the drawing of lots. The successors shall serve only the unexpired terms of their predecessors.

6.o s.all appoint7 8. 2resident "through the 1xecutive &ecretary% > in case of permanent vacancies in the &angguniang 2anlalawigan and the &angguniang 2anlungsod of DL#and independent component cities; '. Jovernor > in case of the &angguniang 2anglungsod of component cities and the &angguniang 9ayan; ,. #ity or municipal mayor > in case of &anggguniang 9arangayKupon recommendation of the &angguniang 9arangay concerned. A nomination and a certificate of membership of the appointee from the highest official of the political party concerned are conditions sine qua non. Any appointment without such nomination and certification shall be null and void ab initio and shall be a ground for administrative action against the official responsible therefor. No politi al part&' .ow s.all t.e $a an & #e fille-7 3Se tion +8/ ' L4C5 The local chief executive shall appoint, upon recommendation of the sanggunian concerned, a qualified person to fill the vacancy. 6.o appoints t.e Baranga& Se retar& or Treasurer7 In the case of Alquisola, &r. vs. Jallardo ?col, August 8))), the &# held that the 9arangay secretary or treasurer shall be appointed conjointly by the 2unong 9arangay and the &anggguniang 9arangay. ELI4IBILIT9 AND :UALIFICATIONS Eligi#ilit& 1ligibility is the state or quality of being legally fitted or qualified to be chosen. 1ligibility, which is the term usually used in reference to the #ivil &ervice 3aw, refers to the endowment I requirement I accomplishment that fits one for a public office. 1ligibility is a continuing nature, and must exist throughout the holding of the public office. ?nce the qualifications are lost, then the public officer forfeits the office. o #astaneda vs. 6ap Mnowledge of ineligibility of a candidate and failure to question such ineligibility before or during the election is not a bar to questioning such eligibility after such ineligible candidate has won and been proclaimed. 1stoppel will not apply in such a case. o !rivaldo vs. #?:131# The citi/enship requirement must be met only on 1lection .ay. 7hile the 3ocal Jovernment #ode requires one year residency immediately preceding 1lection .ay and the prescribed age on 1lection .ay, no date is specified for citi/enship. The purpose of the citi/enship requirement is to ensure leaders owing allegiance to no other country. &uch purpose is not thwarted, but instead achieved by construing the requirement to apply at time of proclamation and at the start of the term. 2resumption is in favor of eligibility.

:ualifi ation Jenerally refers to the endowment I act which a person, before entering upon the performance of his duties is by law required to do such as the ta0ing, and often, of subscribing and filing of an official oath, and, in some cases, the giving of an official bond. The qualifications are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officer=s entire tenure !ormal qualifications are< o #iti/enship o Age o &uffrage o *esidence o 1ducation

o o o

Ability to read and write 2olitical affiliation #ivil service examination.

6.o are re;uire- to gi$e an offi ial #on-7 Accountable public officers or those to whom the collection and custody of public money are entrusted, and public ministerial officers whose actions may affect the rights and interests of individuals. :UALIFICATION STANDARDS AND RE:UIREMENTS UNDER T<E CI0IL SER0ICE LA6 =% :ualifi ation Stan-ar-s 1xpress the minimum requirements for a class of positions in terms of education, training and experience, civil service eligibility, physical fitness, and other qualities required for successful performance. "&ec. '', 9oo0 E, 1? ')'% A statement of the minimum qualifications of a position which shall include education, experience, training, civil service eligibility, and physical characteristics and personality traits required by the job. "&ec. ', *ule IE, ?mnibus *ules% 7ith respect to a particular position, such qualification standards shall serve as the basis for the determination by the appointing authority of the degree of qualifications of an officer or employee &hall be used as basis for civil service examinations for positions in the career service, as guides in appointment and other personnel actions, in the adjudication of protested appointments, in determining training needs, and as aid in the inspection and audit of the agenciesN personnel wor0 programs &hall be administered in such manner as to continually provide incentives to officers and employees towards professional growth and foster the career system in the government service It shall be the responsibility of the departments and agencies to establish, administer, and maintain the qualification standards on a continuing basis as an incentive to career advancement. "&ec. -, *ule IE, ?mnibus *ules% Their establishment, administration, and maintenance shall be the responsibility of the department I agency, with the assistance and approval of the #&# and in consultation with the 7age and 2osition #lassification ?ffice 7henever necessary, the #&# shall provide technical assistance to departments and agencies in the development of their qualification standards. "&ec. A, *ule IE, ?mnibus *ules% &hall be established for all positions in the 8st and 'nd levels "&ec. 8, *ule IE, ?mnibus *ules%; >% Politi al :ualifi ations for an Offi e Jeneral *ule < 2olitical qualifications are not required for public office. 1xceptions < 8. :embership in the electoral tribunals of either the Douse of *epresentatives or &enate "Art. EI, &ec. 8-, 8)F- #onst.%; '. 2arty>list representation; ,. #ommission on Appointments; @. Eacancies in the &anggunian "&ec. @A, 3ocal Jovernment #ode% (% ?un2 Propert& :ualifi ations They are against the nature and essence of the *epublican system ordained in our #onstitution and its social justice principle. &ince sovereignty resides in the people, it is necessarily implied that the right to vote and to be voted should not be dependent upon a candidate=s wealth. 2oor people should also be allowed to be elected to public office because social justice presupposes equal opportunity for both rich and poor. ":aquera v. 9orra and Aurea v. #?:131#% +% Citi@ens.ip Aliens not eligible to public office To ensure that no alien shall govern our people and country or a unit of territory thereof. "!rivaldo v. #?:131#, Hune 'F, 8))+%

8% Effe t of re!o$al of ;ualifi ations -uring t.e ter! Termination from office. A% Effe t of par-on upon t.e -is;ualifi ation to .ol- pu#li offi e J151*A3 *L31 < 2ardon will not restore the right to hold public office. "Art. ,+, *evised 2enal #ode% 1;#12TI?5& < o 7hen the pardon=s terms expressly restores such "Art. ,+, *2#%; o 7hen the reason for granting pardon is non> commission of the imputed crime. "Jarcia v. #hairman, #?A% DISCRETION OF APPOINTIN4 OFFICIAL .iscretion, if not plenary, at least sufficient, should thus be granted to those entrusted with the responsibility of administering the officers concerned, primarily the department heads. They are in the most favorable position to determine who can best fulfill the functions of the office thus vacated. Lnless, therefore, the law spea0s in the most mandatory and peremptory tone, considering all the circumstances, there should be, as there has been, full recognition of the wide scope of such discretionary authority. Appointment is essentially discretionary power and must be performed by the officer in whom it is vested according to his best lights, the only condition being that the appointee is issued a permanent appointment, should possess the minimum qualification requirements, including #ivil &ervice eligibility prescribed by law for the position. This discretion also includes the determination of the nature or character of the appointment, i.e., whether the appointment is temporary or permanent. "3uego vs. #&#, 8@, &#*A ,'-% The only function of the #&# is to review the appointment in the light of the requirements of the #ivil &ervice 3aw, and when it finds the appointee to be qualified and all other legal requirements have been otherwise satisfied, it has no choice but to attest to the appointment. It cannot order the replacement of the appointee simply because it considers another employee to be better qualified. "3apinid v. #&#% To hold that the #ivil &ervice 3aw requires that any vacancy be filled by promotion, transfer, reinstatement, reemployment, or certification in that order would be tantamount to legislative appointment which is repugnant to the #onstitution. The requirement under the #ivil &ervice 3aw that the appointing power set forth the reason for failing to appoint the officer next in ran0 applies only in cases of promotion and not in cases where the appointing power chooses to fill the vacancy by transfer, reinstatement, reemployment or certification, not necessarily in that order. "2ineda v. #laudio% The #&# is not empowered to change the nature of the appointment extended by the appointing officer, its authority being limited to approving or reviewing the appointment in the light of the requirements of the #ivil &ervice 3aw. 7hen the appointee is qualified and all the legal requirements are satisfied, the #&# has no choice but to attest to the appointment. "3uego v. #&#% Appointment is a political question. 7here the palpable excess of authority or abuse of discretion in refusing to issue promotional appointment would lead to manifest injustice, mandamus will lie to compel the appointing authority to issue said appointments. "Jesolgon v. 3acson% EFFECTI0IT9 OF APPOINTMENT $ < 7hen does an appointment ta0e effect4

A <

Immediately upon its issuance by the appointing authority. "*ule E, &ec. 8(, ?mnibus *ules%.

COMPLETE' FINAL' AND IRRE0OCABLE APPOINTMENT Jeneral *ule < An appointment, once made, is irrevocable and not subject to reconsideration. It vests a legal right It cannot be ta0en away 1;#12T for cause, and with previous notice and hearing "due process%. It may be issued and deemed complete before acquiring the needed assent, confirmation, or approval of some other officer or body 7here the assent, confirmation, or approval of some other officer or body is needed before the appointment may be issue and be deemed complete. 8. 7hen the appointment is an absolute nullity ":itra v. &ubido%; '. 7hen there is fraud on the part of the appointee ":itra v. &ubido%; ,. :idnight appointments Jeneral *ule < A 2resident or Acting 2resident shall not appoint ' months immediately before the next presidential elections until his term ends. "Art. EII, &ec. 8A, 8)F- #onst.% 1xception < Temporary appointments to executive positions when continued vacancies will prejudice public service or will endanger public safety.

$ualification 1xceptions

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N,T-: A completed appointment *ests a le.al ri.ht! It cannot be ta/en a0ay -+C-PT for cause" and 0ith pre*ious notice and hearin. due process(! Ti!e of Possession of :ualifi ations $ < A8 < A' < 7hen must the qualifications be possessed4 7here the time is specified by the #onstitution or law > at the time specified thereof. 7here the #onstitution or law is silent a% qualification must be at the time of commencement of term or induction into office b% qualification I eligibility must exist at the time of the election or appointment

:ualifi ations usuall& pres ri#ea% 2resident "&ec. ', Art. EI, #onstitution% Eice 2resident "&ec. ,, Art. EII, #onstitution% o 5atural>born citi/en o @( years old on day of election o resident of the 2hilippines for at least 8( yrs immediately preceding election day b% &enator "&ec. ,, Art. EI, #onstitution% o 5atural>born citi/en o ,A years old on day of election o able to read and write o registered voter o resident of the 2hilippines for not less than two years immediately preceding election day c% #ongressmen "&ec. +, Art. EI, #onstitution% o 5atural>born citi/en

o 'A years old on day of election o able to read and write o registered voter in district in which he shall be elected o resident thereof for not less than one year immediately preceding election day d% &upreme #ourt Hustice o 5atural born citi/en o at least @( years old o 8A years or more a judge or engaged in law practice o of proven #I2I "competence, integrity, probity and independence% e% #ivil &ervice #ommissioners "&ec. 8 O8P, Art. I;9. #onstitution% o 5atural>born citi/en o ,A years old at time of appointment o proven capacity for public administration o not a candidate for any elective position in elections immediately preceding appointment f% #?:131# #omm. "&ec. 8O8P, Art. I;#% o 5atural>born citi/en o ,A years old at time of appointment o college degree holder o not a candidate for elective position in election immediately preceding appointment o chairman and majority should be members of the bar who have been engaged in the practice of law for at least 8( years "&ee #ayetano v. :onsod%

g% #?A #ommissioners o 5atural>born citi/en o ,A years old at time of appointment o #2A with Q8( year of auditing experience or o 9ar member engaged in practice of law for at least 8( years o 5ot have been candidates for elective position in elections immediately preceding appointment Legislati$e ena t!ents tanta!ount to legislati$e appoint!ents 1xtensions of the terms of office of the incumbents The 2eopleNs #ourt Act, which provided that the 2resident could designate Hudges of !irst Instance, Hudges>at>large of !irst Instance or #adastral Hudges to sit as substitute Hustices of the &upreme #ourt in treason cases without them necessarily having to possess the required constitutional qualifications of a regular &upreme #ourt Hustice. A provision which limits the choices of the appointing authority to only one eligible o !lores vs. .rilon 7here only one can qualify for the posts in question, the 2resident is precluded from exercising his discretion to choose whom to appoint. &uch supposed power of appointment, sans the essential element of choice, is no power at all and goes against the very nature itself of appointment. A legislative enactment abolishing a particular office and providing for the automatic transfer of the incumbent officer to a new office created A provision that impliedly prescribes inclusion in a list submitted by the 1xecutive #ouncil of the 2hil. :edical Association as one of the qualifications for appointment; and which confines the selection of the members of the 9oard of :edical 1xaminers to the 8' persons included in the list. Dis;ualifi ations .isqualifications to hold public office are mental or physical incapacity, misconduct or crime, impeachment, removal or suspension from office, previous tenure of office, consecutive terms, holding more than one office, relationship with the appointing power, office newly created or the emoluments of which have been increased, being an elective official, having been a candidate for any elective position, and grounds under the local government code. In the absence of constitutional inhibition, #ongress has the same right to provide

disqualifications that it has to provide qualifications for office. 7hen the constitution has attached a disqualification to the holding of any office, #ongress cannot remove it under the power to prescribe qualifications as to such offices as it may create.

Nepotis! All appointments in the national and local governments or any branch or instrumentality thereof, including government>owned or controlled corporations, made in favor of a relative of the appointing authority; recommending authority; chief of the bureau or office; or person exercising immediate supervision over the appointee are 2*?DI9IT1.. Situations o$ere- #& t.e Law on Nepotis!" ?ne is guilty of nepotism if an appointment is issued in favor of a relative within the third civil degree of consanguinity or affinity of any of the following< a. Appointing authority; b. *ecommending authority; c. #hief of the bureau of office; and d. 2erson exercising immediate supervision. In the last situations "c and d%, it is immaterial who the appointing or recommending authority is. To constitute a violation of the law, it suffices that an appointment is extended or issued in favor of a relative within the ,rd civil degree of consanguinity or affinity of the chief of the bureau or office, or the person exercising immediate supervision over the appointee. "#&# vs. .acoycoy, J.*. 5o. 8,AF(A, April '), 8)))% 1xemptions< 8. 2ersons employed in confidential capacity; '. Teachers; ,. 2hysicians; @. :embers of the A!2; A. :ember of any family who, after his appointment to any position in an office or bureau, contracts marriage with someone in the same office or bureau, in which event the employment or retention therein of both husband and wife may be allowed. In &ection -) of the 3ocal Jovernment #ode, the prohibition is up to the @th civil degree of consanguinity or affinity. De#ulga-o $s% CSC It was alleged that the law applies only to original appointment and not to promotional appointment. The &# did not agree. The law applies to all 0inds of appointment. The law does not distinguish.