Political and Public International Law › Law on Public Officers › Public Office

1. Modes of Acquiring Title to Public Office

Characteristics:

  • Entrance based on merit and fitness to be determined as far as practicable by competitive examinations or based on highly technical qualifications;
  • Opportunity for advancement to higher career positions; and
  • Security of tenure

How created:

  • By the Constitution (e.g. Office of the President)
  • By valid statutory enactments (e.g. Office of the Insurance Commissioner)
  • By authority of the law (e.g. the Davide Commission)

Oath of Office

Before they enter on the execution of their office, the President, Vice President or the Acting President shall take the oath or affirmation (PHIL. CONST., art. VII, § 5).

Elective and Appointive Officials

There is a substantial distinction between elective and appointive officials. The former occupy their office by virtue of the mandate of the electorate. They are elected to an office for a definite term and may be removed therefrom only upon stringent conditions. On the other hand, appointive officials hold their office by virtue of their designation thereto by an appointing authority. Some appointive officials hold their office in a permanent capacity and are entitled to security of tenure while others serve at the pleasure of the appointing authority. (Eleazar P. Quinto and Gerino A. Tolentino, Jr., vs. COMELEC, G.R. No. 189698, Feb. 22, 2010)

Authorities

  • 1987 Constitution
  • authority of law / statutory or executive creation
  • PHIL. CONST., Sec. 5
  • Quinto v. COMELEC, G.R. No. 189698, 22 February 2010
  • statutory enactments