appointment of public officers 97-2003

8/13/2019 Appointment of Public Officers 97-2003

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reasonable measure of freedom, latitude, or discretion in choosing appointees. "#uyeg0engv. #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 natureitself of appointment. "!lores v. rilon%

Classifiation 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 isdeemed temporarily>appointed.

A public officer who later accepts a temporary appointment terminates hisrelationship with his former office. "*omualde/ III v #%

1#12T !ixed>2eriod Temporary Appointments< may be revo0ed ?536at the period=s expiration. *evocation before expiration must be for a validcause. "uration% until a permanent appointment is issued.

. 2rovisional > one which may be issued upon 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.

. 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 isconfirmed by the #A

o Mati#ag $s% Benipa&o' ()* SCRA +,

Ad interim means Bin the meantimeC or Bfor the time beingC. An ad interimappointment means a permanent appointment made by the 2resident in themeantime that #ongress is in recess. It does not mean a temporaryappointment that can be withdrawn or revo0ed at any time. An ad interimappointee who has qualified and assumed office becomes at that moment agovernment employee and therefore part of the civil service. De enjoys theconstitutional protection that he cannot be suspended or removed except forcauses provided by law. The withdrawal or revocation of an ad interimappointment is possible only if it is communicated to the appointee beforethe moment he qualifies, and any withdrawal or revocation thereafter istantamount to removal from office. ?nce an appointee has qualified, heacquires a legal right to the office which is protected not only by statute butalso by the #onstitution. De can only be removed for cause, after notice andhearing, consistent with the requirements of due process.


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A- Interi! Regular

o Ta0es effect immediately

o Appointee assumes office

immediately and later on the

appointment should be

confirmed by the #A

o :ade while #ongress isnot in session

o oes not ta0e effect

immediately

o Appointee assumes office

only after confirmation by the

#A

o :ade when #ongress is insession

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 ' monthsimmediately before the next presidential elections and up to the end of his term. "Art. EII, &ec. 8,8)F- #onst.%

1xception 9, &ec. 8 "'% for # Art. I>#, &ec. 8 "'% for#?:131#; Art. I>, &ec. 8 "'% for #?A%

$ < 7ho can the 2resident appoint without the need for #A approval4A < 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 andBar 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 andBar Council Art! VIII" #ec! $" %$&' Const!(

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

$ < oes the 2resident have the power to ma0e appointments when #ongress is in recess4

A < 6es. Dowever, such appointments shall be effective only until


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impeachment conviction, acceptance of incompatible office, creation of a new office, reaching theage limit, and recall.

#oncept of Eacancyin>ran0 is an employee appointed on a permanent basis to a position previouslydetermined to be next>in>ran0 to the vacancy proposed to be filled and who meets the requisites for appointmentthereto 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 theappointing authority.

Transfer> a lateral movement in the same position

Pro!otion> is a vertical movement of position

Rule on Auto!ati Suession 3Setion ++' L4C5A permanent vacancy arises when an elective local official at the time specified thereof.A' < 7here the #onstitution or law is silent

a% qualification must be at the time of commencement of term or induction into officeb% qualification eligibility must exist at the time of the election or appointment

:ualifiations usuall& presri#e-

a% 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 years old on day of electiono 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


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o ' 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 Husticeo 5atural born citi/en

o at least @( years old

o 8 years or more a judge or engaged in law practiceo of proven #I2I "competence, integrity, probity and independence%

e% #ivil &ervice #ommissioners "&ec. 8 O8P, Art. I9. #onstitution%o 5atural>born citi/en

o 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 years old at time of appointmento 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 #ommissionerso 5atural>born citi/en

o 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 precedingappointment

Legislati$e enat!ents tanta!ount to legislati$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 substituteHustices of the &upreme #ourt in treason cases without them necessarily having topossess 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 ofchoice, is no power at all and goes against the very nature itself ofappointment.

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 whichconfines the selection of the members of the 9oard of :edical 1xaminers to the 8' personsincluded in the list.

Dis;ualifiationsisqualifications 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 theemoluments of which have been increased, being an elective official, having been a candidate forany elective position, and grounds under the local government code.

In the absence of constitutional inhibition, #ongress has the same right to provide


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disqualifications that it has to provide qualifications for office.

7hen the constitution has attached a disqualification to the holding of any office, #ongresscannot 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 theappointing authority; recommending authority; chief of the bureau or office; or person exercisingimmediate 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

appointment of public officers 97-2003

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