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Construction of restrictions on eligibility
1) Presumption in favor of eligibility
a.
Presumption in favor of the eligibility of a person who has been
elected or
appointed to public office
i. Unless excluded therefrom by some legal disqualifications
2) Basis of presumption
a. Public policy
b.
Basic and universally accepted rule provisions which tend to
limit the
candidacy of any person must be construed in favor of:
i. Right of voters to exercise their choice
ii. Right to aspire and hold public office
3)
Rule of liberal construction
a.
Right to public office is strictly construed against
ineligibility
b. General rule citizens have the right to hold officei.
Exception ineligibility
c. A citizen may not be deprived of this right without proof of
some
disqualification especially declared by law.
Time of possession of qualifications
-
When must the qualifications to a public office exist?
1) Where the time is specified by the constitution or law follow
the stipulation
2)
Where the time is NOT specified by the constitution of law
a.
Some courts eligibility = capacity to hold office, as opposed to
the capacity
of being elected of appointed
i. Therefore, it must be possessed at the time of commencement
of
the term or induction into office
ii.
Disqualification at the time of appointment or election
isimmaterial
b. Other courts eligibility must exist at the time of election
or appointment
c. Where the provision refers to holding of officerather than
eligibility to office
= commencement of the term of induction into office
3) Where qualification must always exist
a. At the commencement of the term and during the occupancy
Own note: the disagreement is as to when should a person start
having it, but
either way, at the commencement of the term, he is supposed to
possess it.
b. Qualification prescribed for elective office cannot be erased
by the
electorate alone
i. The will of the people as expressed in the ballot cannot cure
the
vice of ineligibility
c.
However, in Frivaldo vs. COMELEC, it was held that Sec. 39 of
the LGC which
speaks of Qualifications of Elective Officials does not specify
any particular
time or date when the candidate must possess citizenship, unlike
that for
residence.
i.
Therefore, it must be possessed at the time of proclamation and
at
the start of his term
Removal of disqualification during term
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Courts have not agreed on this matter
Particular Qualifications and Disqualifications
Qualifications usually required of public officers
- Qualifications for public office are continuing requirements =
must be possessed at the
time of appointment or election, or assumption of office, and
during the officers entire
tenure
Usual Formal Qualifications Required:
1) Citizenship
a. General principle aliens are not eligible to public office,
unless the privilege is
extended to them by statute
i.
The enforcement of this principle does NOT need the aid of
statutory or
constitutional enactments
ii. The government is instituted by the citizens for their
liberty and
protection, and it is to be administered, and its powers and
functions
exercised only by them through their agency.
2)
Age
a.
Age limit for certain offices, may, by constitutional or
statutory provisions, be
placed beyond the period of majority.
b. Requirement of certain age as a qualification is founded on
public policy.
3)
Right of suffrage
a.
The right to suffrage is usually not granted to non-citizens,
hence, by making
being an elector or voter as a qualification for public office,
it is in effect,
excluding non-citizens from qualifying for public office.
b.
2 viewsi.
when the law is silent on qualifications to office understood as
only
electors are eligible
ii. all persons are equally eligible unless excluded (De leon
says that this is
true with respect to age qualification below the minimum voting
age
requirement)
4)
Residence
a.
Residence and Domicile synonymous
b. Both means: intention to reside, personal presence, and
conduct indicative of
such intention.
5)
Education
a.
Statutes may prescribe educational qualifications when they
reasonably relateto the specialized demands of an office
6) Ability to read and write
a.
This qualification may lawfully be made since there is no
constitutional
prohibition against it.
7) Political Affiliation
a. Normally proscribed.
b.
The constitution and existing laws sometimes require as a
condition of eligibility
to certain offices nomination by membership in a political party
or group.
Religious qualifications prohibited
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Religious beliefs or opinions cannot be made a test of political
right and privilege
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1) U.S. Supreme Court
a. It invades the freedom of belief and religion
b. No state interest could be discerned which would justify the
burden upon
the free exercise of religion imposed by the restriction
2)
Philippine Consti expressly provides that no religious test
shall be required for theexercise of civil and political rights
a. Religious test one that demands the avowal or repudiation of
certainreligious beliefs before the performance of any act
i.
Prohibited
b.
Before, the Revised Administrative Code of 1917 and the deicion
in Pamil
vs. Teleron held that a priest cannot be elected as a municipal
mayor = No
such provision now in the Administrative Code of 1987
Power of Congress to imposed property qualifications
-
Two views:
1)
The view that it is constitutional;a. The legislature has the
power to impose property qualifications upon office
holders unless inhibited by the Constitution
2) The view that it is unconstitutional
a.
It constitutes an invidious discrimination against
no-landowners
b.
A sort of economic gerrymandering which runs afoul of the equal
protection
and due process guarantees
( See reviewer for the qualifications for specific
positions)
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Disqualification to hold public office
- Individuals who lack any of the qualifications prescribed by
the Constitution or by law
for a public office are ineligible or disqualified from holding
such office.
-
An appointment of an ineligible or unqualified person is a
nullity.
-
Disqualification may arise from a variety of causes like:1)
Mental or physical incapacity
a. Blind not necessarily disqualified
2)
Misconduct or a crime
a. To assure public confidence in the integrity of the
government
b. Persons convicted of crimes involving moral turpitude are
usually
disqualified from holding public office to promote honesty and
integrity in
candidates
c.
On violation of municipal or city ordinance
i. To qualify as a crime must involve at least a certain degree
of evildoing, immoral conduct, corruption, malice, or want of
principles
reasonably related to the requirements of the public office.
ii.
It does not mean that only violations of statute enacted by
thenational legislature can give rise to crimes as employed in the
lawon public officers
iii. Distinction on violations of laws of municipal
corporations
1. Acts NOT essentially criminal
a. Municipal regulations relations for the promotion
of peace, good order, health, safety, and comfort of
residents
b. Acts intrinsically punishable as a public offense
3) Impeachment
a. Judgment of Impeachment is limited to removal from office
and
disqualification to hold any office under the Republic of the
Philippines
4) Removal or suspension from office
a. Includes acts which would disqualify one from holding
office
b.
The question is: whether the suspension or removal itself
operates to
disqualify one from holding the same or another office.
i.
Where there is no law declaring ineligibility for such cause,
the
courts may not impose the disability
ii. Generally, removed officials are barred from election or
appointment to fill the vacancy for the unexpired term
1.
This also applies when the official resigns in anticipation
of
a removal
5)
Previous term of office imposed upon certain officersa.
President not eligible for re-election
i.
A person who has succeeded as President is disqualified only If
he
has served as such for more than 4 yrs
b. Chairmen and Commissioners of
i. Civil Service
ii. COMELEC
iii.
COA
iv.
Ombudsman and his Deputies
1.
In addition, not qualified to run for any office in the
election immediately succeeding their cessation from office
6) Consecutive terms
a.
VP not more than 2 consecutive termsb.
Senator not more than 2 consecutive
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c.
Member of HOR not more than 3
d. Elective officials, except barangay officials term of office
3 yrs; not morethan 3 consecutive terms
7) Holding more than one office
a.
Purposes:
i.
prevent offices of public trust from accumulating in a single
personii. prevent individuals from deriving pecuniary benefit by
virtue of
their dual position-holding
b. A person who accepts and qualifies for a second and
incompatible office is
deemed to vacate, or by implication, to resign from the first
office.
i.
Same rule even if positions are not incompatible if the law
prohibits
a 2ndposition
c. Limits on the right to hold more than one office at the same
time
i. President, VP, members of the cabinet (their deputies and
assistants) not to hold any other office during tenure
ii.
Senators or members of the HOR not to hold office or
employment in the govt, its subdivisions, agency,
instrumentality,
including gocc
iii.
Members of SC and other courts established by law not to be
designated in any agency performing quasi-judicial or
administrative functions
iv.
Members of Consti Commissions not to hold any other office
or
employment during tenure
v. Ombudsman and his deputies same as ivvi. Appointive official
same as ii, EXCEPT when allowed by law or by
the primary functions of his positions
vii.
Members of the AFP in active service not be appointed or
designated in any capacity to a civilian position in the
govt
8) Relationship with the appointing power - Appointments should
be based solely on
merit and fitness uninfluenced by any personal or filial
considerationa.
The Consti prohibits the Pres from appointing his close
relatives to high
positions in the govt
i. Spouse and relatives by consanguinity or affinity within the
4thcivil
degree
ii. Prohib on being appointed as: mems of the Constitutional
Commission, Office of the Ombudsman, Secretaries, Undersec,
Chairmen or heads of bureaus and offices, including GOCCs
and
their subsidiaries
b. Civil Service Decree
i. All appointments in the govt, including GOCC made in favor of
the
relative of the appointing or recommending authority or the
chief
of the bureau, or of persons exercising immediate supervision
over
him, are prohibitedii. Relative within 3rddegree of
consanguinity or affinity
iii. Not applicable if already appointed then got married.
c. Exemptions
i.
Persons employed in a confidential capacity
ii.
Teachers
iii. Physicians
iv. Members of the AFP
9)
Office newly created or the emoluments of which have been
increased
a.
Prohib on appointment of senators or mems of HOR
b.
Create new office = Congress must itself cause it to exist or
bring it into
existence
c.
Purposes:
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i.
prevent an individual legislator from profiting by an action
taken
by him with bad motives
ii. prevent all legislators from being influence by either
conscious or
unconscious motives
d. emolument = does not refer to fixed salary alone
10)
Being an elective officiala. No elective official is eligible to
any public office or position during his
tenure
b. Purpose: minimize spoils system
11)
Having been a candidate to an elective position
a.
Candidate who lost in an election shall not, within one year
after election, be
appointed to any office in the govt or any GOCC
b. Directed against political lame-ducksc. Members of Consti
Comm must not have been candidates to any elective
position in the elections immediately preceding their
appointment
12)Under the LGC
a.
Disqualified from running any elective local position
