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It is a public trust; it is merely entrusted to the public officer
2. It is not a property;
CREATION OF PUBLIC OFFICE
3. it is not protected or guaranteed by the due process clause
A. By the Constitution
4. It is not a heritable possession
B. By statute or law
5. It is outside the commerce of man. It cannot be the subject of a
C. By a tribunal or body to which the power to create the office valid contract; otherwise, the contract is void
has been delegated
Commission on Appointments
HOW A PUBLIC OFFICE IS CREATED
General Rule: The creation of a public office is primarily a legislative COMELEC appeals procedure
function.
1. From such resolution rendered by Prosecutor through delegated
Exception: Where the office is created by the Constitution itself.
powers, appeal to the COMELEC lies, and the COMELEC’s
The Sandiganbayan is not a constitutional court (or public office) but a ruling on the appeal would be immediately final and executory.
2. If the preliminary investigation is conducted by the COMELEC
constitutionallymandated court. It was created by statute and not the
itself, appeal to the COMELEC is unavailing, but the
Constitution, hence Congress may limit its powers and jurisdiction.
respondent may file a motion for reconsideration of the
[Garcia v. Sandiganbayan, G.R. No. 114135 (1994)]
resolution of the COMELEC en banc finding probable cause.
(Faelnar v. People, G.R. Nos. 140850‐51. May 4, 2000)
Characteristics of public office
CHARACTERISTICS OF A PUBLIC OFFICE
Oversees Absentee Voter Law
Public office can be characterized as follows:
OVERSEAS ABSENTEE VOTER (1) Registration:
ABSENTEE VOTING 1. Of Political Parties as provided in Sec. 60, BP 881
Process by which qualified citizens of the Philippines abroad exercise 2. Of partylists as provided in Secs. 57, R.A. 7941
their right to vote. [Sec. 3a, R.A. 9189, The Overseas Absentee Voting
(2) (PartyList System Act,). Resolution of IntraParty Disputes:
Act]
“[T]he COMELEC’s powers and functions under Section 2, Article
OVERSEAS ABSENTEE VOTER, DEFINITION
IXC of the Constitution, "include the ascertainment of the identity of
Citizen of the Philippines who is qualified to register and vote under the political party and its legitimate officers responsible for its acts."
Note: Registration as an overseas absentee voter shall be done in ENTITIES WHICH CANNOT BE REGISTERED AS
person in the Philippine Consulate of Embassy nearest to the place of POLITICAL PARTIES
residence of the voter. [Sec.5, R.A. 9189]
1. Religious denominations and sects
2. Groups which seek to achieve their goals through violence or
COMELEC jurisdiction over political parties
unlawful means
JURISDICTION OF THE COMELEC OVER POLITICAL
3. Entities which refuse to uphold and adhere to the Constitution
PARTIES
4. Associations supported by foreign governments [Art. IXC,
Sec. 2 (5), Constitution] Qualifications and disqualifications of candidates
PURPOSE OF REGISTRATION QUALIFICATIONS OF CANDIDATES
1. To acquire juridical personality Qualifications prescribed by law are continuing requirements and must
be possessed for the duration of the officer's active tenure [Labo v.
2. To entitle it to rights and privileges granted to political parties
COMELEC (1989)].
3. To participate in the partylist system
QUALIFICATIONS TO RUN FOR PRESIDENT AND VICE
PRESIDENT
Inclusion and noninclusion proceedings
1. Naturalborn citizen of the Philippines
2. Registered voter
Preproclamation cases
3. Able to read and writer
4. At least 40 years of age at the day of election
Sandiganbayan jurisdiction
5. Resident of the Philippines for at least 10 years
immediately preceding such election (Sec. 63, Omnibus
Election Code)
Constitutional provisions on constitutional commissions
QUALIFICATIONS TO RUN FOR SENATOR
1. Naturalborn citizen of the Philippines
2. Registered voter
3. Able to read and write
4. At least 35 years of age at the day of election 4. On the day of the election must at least be:
4. At least 25 years of age at the day of the election
d. 15 but not more than 18 years of age for
Sangguniang Kabataan
5. Resident of the same district for a period of not less than 1
year immediately preceding such election.
5. Resident therein for at least 1 year immediately preceding
the day of election.
QUALIFICATIONS TO RUN TO BE A LOCAL ELECTIVE
OFFICIAL
1. Must be a citizen of the Philippines
2. A registered voter in the barangay, municipality, city, or
province, or in the case of a member of the sangguniang
panlalawigan, panglungsod or bayan, the district where he DISQUALIFICATIONS OF CANDIDATES
intends to be elected
The following shall be disqualified from registering:
3. Able to read and write Filipino or any other local language
or dialect (Sec. 39, R.A. No. 7160 Local Government Code)
1. Sentenced by final judgment to suffer imprisonment for not
less than 1 year (unless granted a plenary pardon or an De jure v. de facto officers
amnesty) shall automatically reacquire right to vote upon the
expiration of 5 years after the service of sentence;
2. Adjudged by final judgment for having committed any crime
involving disloyalty to the duly constituted government (e.g.
rebellion, sedition, violation of the firearms law) or any crime
against national security (unless restored to full civil and
political rights in accordance with law) shall automatically
reacquire the right to vote upon the expiration of 5 years after
the service of sentence; or
Purpose
To protect the people from official delinquencies or malfeasances. It is
primarily intended for the protection of the State, not for the
punishment of the offender.
Impeachable Officers
1. (1) President
2. (2) Vice President
3. (3) Members of the Supreme Court
4. (4) Members of the Constitutional Commissions
5. (5) Ombudsman
All other public officers and employees may be removed from office
as provided by law but not by impeachment (Sec. 2, Art. XI,
Constitution).
mandatory effect, indicative of a mere possibility, an opportunity, or
an option.
Quo warranto as a remedy to oust an ineligible public official may be
availed of when the subject act or omission was committed prior to or
at the time of appointment or election relating to an official’s
qualifications to hold office as to render such appointment or election
invalid acts.
Grounds for Impeachment Enforce and administer all laws and regulations relative to the
conduct of an election, plebiscite, initiative, referendum, and
1. (1) Culpable violation of the Constitution recall.
o Decisions, final orders, or rulings of the Commission on
election contests involving elective municipal and
barangay offices shall be final, executory, and not
appealable.
Decide, except those involving the right to vote, all questions
affecting elections, including determination of the number and
location of polling places, appointment of election officials and
inspectors, and registration of voters.