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Puboff - III. commencement of Official Relations - Coggle Diagram
Puboff - III. commencement of Official Relations
A. Prerequisites
B. Acquisition of Right to Title to Office
- Can only be obtained in the manner prescribed by law or Constitution. Generally, may be in the form of:
Election
Appointment
C. De Facto and De Jure Officers
1. By Appointment
-
Appointment in General
- Refers to an act of designation by the body to whom that power has been delegated of the individual who is to exercise the powers and functions of a given office.
Acceptance of Appointment
- May be express or implied.
Express
- When done verbally or in writing, such as by taking the oath of office.
Implied
- Without formal acceptance where the appointee enters into the exercise of the duties and functions of the office.
Restrictions on the Power to Appoint
-
GR - Appointees must have all he prescribed qualifications.
Special Restrictions -
Revocation of Appointment once Appointee has Assumed Office
Primarily Confidential Positions
- Occupant enjoys more than the ordinary confidence in his aptitude of the appointing power.
Primarily close intimacy which insures freedom of intercourse without embarrassment or freedom from misgiving of betrayal of personal trust on confidential matters of the State.
Confidence in the aptitude of the appointee for the duties of the office
Holding Over after Expiration of Term
-
GR
- An officer is entitled to stay in office until his successor is appointed or chosen and has qualified
XCPN
- There is an express or implied constitutional or statutory provision to the contrary.
Rationale for Holdover Terms (Hilario v. CSC)
- intended to prevent public convenience from suffering because of a vacancy and to avoid a hiatus in the performance of government functions.
Loss of Confidence; Security of Tenure
- Such officials and employees continue only for so long as confidence in them endures. Termination justified on the ground of loss of confidence because their cessation from office involves no removal but merely the expiration of the term of office.
Distinguished from Highly Technical Positions (Grino v. CSC)
- Occupant is required to possess skills or training in the supreme or superior degree
If both confidential and technical, depends on what predominates.
If more technical, then there is security of tenure.
Distinguished from Career Positions -
Compulsory Retirement - Career has compulsory
Security of Tenure - Career has security of tenure.
3.
Term of Office for Confidential
- The tenure of officials holding these positions ends upon loss of confidence. The term lasts only as long as there is confidence such that in case of loss, there is no removal. Instead, their term of office just ends there i.e., Expiration of term.
Term of primary confidential is indefinite, and becomes fixed when appointing deicdes no more confidence.
How Determined (Tria v. Santo Tomas)
- It is the nature of the position which finally determines whether a position is primarily confidential, policy determining or highly technical. Executive pronouncements can be no more than initial determinations that are not conclusive in case of conflict.
W/N - The predominant reason they were chosen by the
appointing authority is his belief that he can share a close intimate relationship with the occupant
Such positions would be limited to those not separated from the position of the appointing authority by an intervening public officer.
Lower Rank Positions
(Grino v. CSC) - If the positions occupied are remote from the appointing authority,t he element of trust is no longer predominant.
Power of Control
-
The attorney-client relationship is strictly personal because it involves mutual trust and confidence of the highest degree, irrespective of whether the client is a private person or a government functionary.The personal character of the relationship prohibits its delegation in favor of another attorney without the client's consent.
However, the legal work involved, as distinguished from the relationship, can be delegated. Power granted to such officer to exercise administrative supervision and control over the acts and decision of his subordinates.
Proximity to Appointing Power (Gino v. CSC)
- To do so, we must look at the proximity of the position in relation to the appointing authority.
-
Where the Appointment is Final and Complete
-
GR
- May not be subject to revocation.
Having once made the appointment, the appointing officer’s power over the office is terminated in all cases where by law the officer is not removable by him. No new or further appointment could be made to a position already filled by a previously completed appointment which had been accepted by the appointee through a valid qualification and assumption of its duties
XCPN
- Where the officer is removable at the will of the appointing power.
Ex. Primarily Confidential Positions
Effect of Assumption
- Upon assumption into office, the appointee acquires a legal right, not merely equitable right, which is protected by statute and by the Constitution, and it cannot be taken away from him either by revocation or removal, except for cause and with notice and hearing.
Unless the appointment is an absolute nullity, or in the absence of fraud on the part of the appointee, the irregularity must be deemed cured by the probational and absolute appointment of the appointee is conclusive.
Effect of Better Qualification
- Irrelevant. Ma ynot be used as grounds to revoke appointment. So long as appointee has minimum qualificatinos.
In bar: Follow Obiasca daw, applicable lang bad faith exception pag Tomali
GR
- An appointment shall remain effective until disapproved by the Commission. Non-transmittal to CSC within 30 days does not render the appointment invalid.
XCPN
- If in bad faith, non-transmittal, there is no vested right to the appointive office. Merely a de facto officer.
Right of Appointee Pending CSC Approval
- Upon acceptance and assumption, there is a legal right to the office. Therefore, CSC approval not needed for completion.
Nature of the Appointing Power
-
Generally Executive
- Whereas the creation of the office proper is a legislative function.
When exercised by other departments, viewed as incident to the discharge of the function of the other branches of government.
Discretionary
- Generally, subject to the discretion of the appointing authority and may not be subject to judicial review unless, gravely abused.
Grounds for review are compliance with qualification requirements or, fraud on the part of the appointee.
May be Absolute or Conditional
Absolute - The choice of the appointing authority, once falling upon an eligible person is deemed conclusive.
Conditional - If the approval or assent of some other officer is necessary to complete the appointment. Until such approval, the appointee has no security of tenure. Here, mere tolerance in the non-observance of requirements to complete the appointment does not render such requirements ineffective.
When Appointment Demeed Complete
-
President signs an appointee’s appointment paper to a vacant office
Appointment paper is officially transmitted (preferably through the MRO)
Appointee receives the appointment paper
Appointee accepts the appointment as evidenced by his or her oath of office or his or her assumption to office
Reckoning Period for Assumption (Velcaria-Garafil)
- All these steps must concur prior to the deadline for appointment.
(1)
authority to appoint
and evidence of the exercise of the authority;
(2)
transmittal
of the appointment paper and evidence of the transmittal;
(3) a
vacant position
at the time of appointment; and
(4)
receipt of the appointment
paper and acceptance of the appointment by the appointee who possesses all the qualifications and none of the disqualifications.
To prevent a President, whose term is about to end, from prolonging his rule indirectly by appointing people to sensitive positions so he could perpetuate himself in power even beyond his term of office.
Rationale
- Because appointments have a period.
Appointment by the President (CONST. Art. VII, Sec. 16)
-
Commission of Appointments Approval
- The President shall nominate and, with the consent of the Commission on Appointments, appoint the
HEADS
- of the executive departments,
DIPLOMATIC
- ambassadors, other public ministers and consuls,
COLONEL/NAVAL CAPTAIN
- officers of the armed forces from from the rank of colonel or naval captain, and
OTHER OFFICERS
- whose appointments are vested in him in this Constitution
This covers appointments to heads of Constiutional Commissions? COA/CSC/COMELEC.
All other officers of the Government whose appointments are not otherwise provided for by law (2ND Sentence of provision)
Those whom the President may be authorized by law to appoint (2ND Sentence of provision)
Officers lower in rank 4 whose appointments the Congress may by law vest in the President alone (3RD Sentence of provision).
When Appointment Power Exercised
- The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjournment of the Congress.
Residual Appointing Power/No CoA Approval
- He shall also appoint
all other officers of the Government whose appointments are not otherwise provided for by law,
and those whom he may be authorized by law to appoint.
Congress Delegation
- The Congress may, by law, vest the appointment of other officers lower in rank in the President alone, in the courts, or in the heads of departments, agencies, commissions, or boards.
When Appointment Deemed Complete
-
Subject to Confirmation
- the commission can issue only when such assent or confirmation is obtained.
Not Subject to Confirmation
- Once appointee has been determined, no further consent or approval is necessary and the formal evidence of appointment may issue at once
Classification of Presidential Appointees as Ad Interim (General v. GMA)
- A regular appointment is one made while Congress is in session, while an ad interim appointment is one issued during the recess of Congress.
In strict terms, presidential appointments that require no confirmation from the Commission on Appointments36 cannot be properly characterized as either a regular or an ad interim appointmen
Appointment under the CSC Qualification Standard
CSC Approval
- Appointments to the Civil Service must be submitted to the CSC Commissioner.
Qualified Appointee
- If appointee is a qualified service eligible, the Commissioner has no choice but to attest to the appointment.
Effect of Non Attestation
- Attestation required is merely a check to assure compliance with the Civil Service Law, but the appointment is subject to the condition that if the Commissioner would later on reject the appointment by reason of lack of eligibility, appointment shall lapse despite attestation.
Completion of Appointment
- The acts of appointing power and approval of the CSC acting together though not concurrently, but consecutively, are necessary to make an appointment complete.
In classified (now competitive) positions, appointment must be approved by the Commission to be entitled to the protection against unjust removal.
Confirmation or attestation of the appointment by the CSC does not complete the appointment since it serves merely to assure the eligibility of the appointee.
Commission on Appointments Inquiry
- Check if qualified under law/regulations
2. By Election
3. Proceedings to Try Right or Title; Quo Warranto
- The title of an officer de facto and the validity of his acts may not be collaterally attacked.
How Attacked; Quo Warranto
-
By Whom Instituted
- A quo warranto proceedings may be instituted only by the person who claims to be entitled to the office, or by the State through the Solicitor General or a public prosecutor.
Set Forth Name
- He must set forth the name of the person entitled to the office, and that of the defendant (de facto or usurper) and all other persons who claim a right to the office. He cannot oust two or more persons illegally holding the offices unless he is entitled to both.
Presumption of Regularity
- A public officer or employee is entitled to due process and security of tenure. The law then presumes that a person acting in a public office was regularly performed and that the official duty has been regularly performed.
Nature of Quo Warranto
- a demand made by the state upon some individual or corporation to show by what right they exercise some franchise or privilege appertaining to the state which, according to the Constitution and laws of the land, they cannot legally exercise except by virtue of a grant or authority from the state.”
Filed by Private Person
- he must prove that he is entitled to the position, otherwise the respondent has a right to the undisturbed possession of the office.
Under Section 1048, Rule 66, if it is found that the respondent was usurping the office, the court may order:
(a) Ouster and exclusion from office,
(b) Recovery of costs by the plaintiff, and
(c) the determination of the respective rights in and to the office, position, right, privilege or franchise of all the parties to the action as justice requires
Effect on Successor
- Judgment does not bind the successor to the office, as quo warranto is not directed against the office, but against the officer.
Directed Against Office (Mendoza v. Allas)
- Quo warranto is directed against hte office, not the person. Such that quo warranto does not bind the successor to the office.
Sa case quo warranto against 1st, pero may ibang na appoint so valid yung 2nd appointment.
Ad Interim Distinguished from Acting Capacity
Ad Interim
- Done when Congress is adjourned/not in session
permanent and irrevocable except as provided by law
Security of Tenure
Removal/Suspension for Cause with DPC requirements
Allowed for Constitutional Commissions
Temporary/Acting
No Security of Tenure
Revocable at Will of Appointing Authority
Prohibited for Constitutional Commissions
Bypassed Appointments / Disapproved Appointments (Matibag v. Benipayo
) -
Disapproval
- If an ad interim appointee is disapproved by Congress, then they can no longer be extended a new appointee. Similarly, no renewal here.
Bypassed
- Not acted upon by the CoA at the close of Congress. If bypassed, then can be considered again if the president renews appointment.
Effect of Bypass
-
GR
- The head interim appointment remains effective until such disapproval or next adjournment, signifying that it can no longer be withdrawn or revoked by the President.
XCPN
- Constitutional Commission members daw?
Q. What does adjourned/in recess mean for the purposes of ad interim?
LO
- The second paragraph of Section 16 of Article VII of the then Constitution (supra.), refers to ad interim appointments or appointments made by the President during die recess of Congress, whether such recess is voluntary or compulsory. Compulsory recess takes place when Congress adjourns while voluntary recess is that which takes place before the adjournment of Congress, like a Christmas recess.
Sine Die Adjournment - Once every three years. Here, lahat ng pending work mag rereset.
Regular Adjournment - Here, bills filed in previous years can still be tackled.
Sine Die Case (Guevara v. Inocentes)
-
https://lawphil.net/judjuris/juri1966/mar1966/gr_l-25577_1966.html
Kinds of Presidential Appointments -
Regular
– Those made while Congress is in session; nominations subject to the confirmation of the Commission on Appointments;
Ad interim
– Those made while Congress is not in session or during its recess;
Appointments requiring submission to the CoA are always permanent, but may be regular or ad interim.
Appointments made solely by the president can never be ad interim.
Permanent
– Those which last until they are lawfully terminated;
Temporary or acting
– Those which last until a permanent appointment is issued.
Apppointment vs Designation
-
Appointment
- Selection, by the authority vested with the power, of an individual who is to exercise the functions of a given office.
Generally results in security of tenure UNLESS replaceable at nature of appointing authority.
Executive in Nature
Designation
- Imposition by law of additional duties on an already incumbent official.
no security of tenure.
Legislative in nature, therefore cannot be delegated.
Q. Difference between temporary appointment and designation
Need for Separate Permanent Appointment/Temporary appointment (Province of Camarines Sur v. CA)
- When an appointee is temporarily/acting appointed due to lack of eligibility, subsequent qualification does not render the appointment permanent. Instead, there must be a separate, permanent appointment. This is because permanent appointment is not a continuation of the temporary appointment.
Nature of Ad Interim Appointments (Pimentel v. ermita/Matipag v. benipayo)
- Effective uppon acceptance. But, later requires later confirmation by the CoA.
The ad interim appointment remains effective until such disapproval by COA or next adjournment of Congress, signifying that it can no longer be withdrawn or revoked by the President.
Hence, the fact that the ad interim appointment is subject to the confirmation of the CA does not alter its permanent character
Election Ban
- Under new jurisprudence, two-month ban covers appointments to the judiciary.
GR
- Art. VII, SECTION 15. Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.
XCPN
- Judiciary - SECTION 14. Appointments extended by an Acting President shall remain effective, unless revoked by the elected President within ninety days from his assumption or reassumption of office.
A1. Eligibility and Qualifications
Eligibility
-
CONST., Art. IX-B
- Civil Service covers all branches, subdividisons, instrumentalities and agencies of the government, including GOCCs with original charters.
Power of Congress to Prescribe Qualifications
-
GR
- Congress is empowered to prescribe qualifications, which must always have a rational basis.
XCPN
- When it exceeds it constitutional powers or conditions imposed by constitutional provisions
Geenral and Particular Qualifications
-
1987 Philippine Constitution
Exec. Order No. 292 (1987)
Rep. Act No. 9225 (2003) or the Citizenship Retention and Reacquisition Act of 2003
Rep. Act No. 10742 (2015) or the Sangguniang Kabataan Reform Act of 2015
Qualification in an Appropriate Examination
Time of Possession of Qualifications
- Requirement depends if there is a time specified.
Time Specified by Consti/Law
- necessary
qualifications must be possessed at the time specified by law
Consti or Law is Silent
-
a. Eligibility means capacity of holding office
b. Must exist at time of election/appointment
c. Where provision refers to “holding office”, qualifications are to be determined at the commencement of the term
Continuing Eligibility
- When qualifications must always exist – eligibility must be of a continuing nature, existing at the time of the commencement of the term and during occupancy of office
Citizenship Requirement (EO 292, Sec. 33, Ch.9)
- Public officers and employees owe the State and the Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status of an immigrant of another country during his tenure shall be dealt with by law.
Citizenship for Elective Officers (RA 9225, Sec. 5) -
(2) Those seeking elective public in the Philippines shall meet the qualification for holding such public office as required by the Constitution and existing laws and,
at the time of the filing of the certificate of candidacy,
make a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;
Citizenship for Appointive Officers (RA 9225, Sec. 5)
- (3) Those appointed to any public office shall
subscribe and swear to an oath of allegiance to the Republic of the Philippines and its duly constituted authorities prior to their assumption of office:
Provided, That they renounce their oath of allegiance to the country where they took that oath;
- Rep. Act No. 10742 (2015) or the Sangguniang Kabataan Reform Act of 2015
- An official of the Sangguniang Kabataan, either elective or appointee, must be a citizen of the Philippines, a qualified voter of the Katipunan ng Kabataan, a resident of the barangay for not less than one (1) year immediately preceding the day of the elections, at least eighteen (18) years but not more than twenty-four (24) years of age on the day of the elections, able to read and write Filipino, English, or the local dialect,
must not be related within the second civil degree of consanguinity or affinity to any incumbent elected national official or to any incumbent elected regional, provincial, city, municipal, or barangay official, in the locality where he or she seeks to be elected, and must not have been convicted by final judgment of any crime involving moral turpitude.
Disqualifications
- That right to vote or be elected or appointed to any public office in the Philippines cannot be exercised by, or extended to, those who:
CANDIDATES/OCCUPANTS
- (a) are candidates for or are occupying any public office in the country of which they are naturalized citizens; and/or
ARMED FORCES
- (b) are in active service as commissioned or non-commissioned officers in the armed forces of the country which they are naturalized citizens.
Q. Why not allow oath + retain citizenship?
- Because inconsistent with their citizenship to have an oath of allegiance to another country.
CONST. Art. IX-B SECTION 4. All public officers and employees shall take an oath or affirmation to uphold and defend this Constitution.
Q. Can you Contract Foreigners?
Q. How about Dual Citizens?
- Mercado v. Manzano. Requirements of swearing to an Oath of Allegiance and executing a Renunciation of Foreign Citizenship served as the bases for our recent rulings in Jacot v. Dal and COMELEC,13 Velasco v. COMELEC,14 and Japzon v. COMELEC,15 all of which involve natural-born Filipinos who later became naturalized citizens of another country and thereafter ran for elective office in the Philippines.
In the present case, Tambunting, a natural-born Filipino, did not subsequently become a naturalized citizen of another country. Hence, the twin requirements in R.A. No. 9225 do not apply to him.
Formal Qualifications -
Constitutionally Prescribed Qualifications -
See table at reviewer page 19
Citizenship
– aliens not eligible to run for public office unless privilege is extended to them by statute
Age
– if candidate lacks age qualification on the day of election, he can be declared ineligible
Right to Suffrage
Residence
– domicile and residence are synonymous
Education
– prescribed when reasonably relates to specialized demands of the office
Ability to read and write
– no constitutional prohibition against such imposition especially where there is reasonable relationship to the duties of the position
Political affiliation
– EO 292 - Appointive ofifcials are prohibited from engaging in partisan political activities. Whereas elective may do so.
Where Office created by Congress -
GR
: Congress can set the qualifications and disqualifications. à
Exception
: If it impinges upon any express provision of the Constitution
Constitution
Office Created by Constitution
-
GR
- Were the Constitution establishes any specific eligibility requirements, they are exclusive
XCPN
- If the Constitution expressly or impliedly gives power to set qualifications
Qualifications Prescribed by Constitution
-
GR
- Congress has the right to provide disqualifications when it has the right to provide qualifications.
XCPN
- When the intention of the Constitution is that the disqualifications shall embrace all that are to be permitted.
Rationale
- Qualifications are not self-executing. They are mere announcements of general principles requiring legislation for their enforcement. Where the Constitution has prescribed certain qualifications, Congress may prescribe additional qualifications unless it is prohibited.
Definitions
-
Eligibility
- State or quality of being legally fitted or qualified to be chosen.
When required
- It is of a continuing nature and must exist: (a) both at the commencement and (b) during occupancy of office.
Eligible
- Legally qualified to hold office
Ineligibility
- Lack of the qualifications prescribed by law
Ineligible
- Can cover (4) instances:
(a) Legally or otherwise disqualified to hold a public office
(b) Disqualified to be elected to an office
(b) Disqualified to hold an office, if elected or appointed
(c) A person disqualified to hold an office
Qualification
- Can refer to either:
(a) endowment or accomplishment that fits one for office
(b) act required by law to be done before entering upon the performance of duties
Need for Separate Permanent Appointment (Province of Camarines Sur v. CA)
- When an appointee is temporarily/acting appointed due to lack of eligibility, subsequent qualification does not render the appointment permanent. Instead, there must be a separate, permanent appointment. This is because permanent appointment is not a continuation of the temporary appointment.
Q. Pwede ba To?
A - Bawal, the determination of qualifications is reckoned at the time of appointment.
A2. General and Special Disqualifications
General Disqualifications
- 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.
Thus, appointments of an ineligible or unqualified person is considered a nullity.
Prohibition Holding More than One Office
Executive Department (Art. 7, Sec. 13) -
GR
- President, VP, Cabinet Members & Deputies/Assistants (Secretaries, Undersecretaries, and Assistant Secretaries) may not hold any other office during their tenure.
XCPN
- Unless otherwise provided in the Constitution
OR Ex officio positions subsumed under their primary functions.
Scope of Art. 7 Exceptions (CLU Case)
-
VP Acting as President
and the SOJ (as an ex-officio member of the JBC by virtue of Sec. 8 of article VIII).
Special Disqualfiications
Q. W/N Sec. 13 covers holdings in business such as stocks?
-
Q. What if law restructures government departments,wouldnt that expand ex officio capacity
LO - What is prohibited is designating additional office, not additional function.
Ended at CLU
Elective Officials in General (Art. 9-B, Sec. 7)
- No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
Rationale for Prohibition on Multiple Holdings
-
To prevent offices of public trust accumulating in a single person
To prevent individuals from deriving, directly or indirectly, any pecuniary benefit by virtue of the dual positions.
Implied Resignation
- 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.
Distinction between Allowed and Required by Ex Officio (CLU)
-
that there are instances when although not required by current law, membership of certain high-ranking executive officials in other offices and corporations is necessary by reason of said officials' primary functions. The example given by Commissioner Monsod was the Minister of Trade and Industry
Ex. Agencies or instrumentalities attached to their office.
The term, “primary” in “primary functions” means prinicipal function. The additional duties must not only be closely related to, but must be required by the official's primary functions.
If the functions required to be performed are merely incidental, remotely related, inconsistent, incompatible, or otherwise alien to the primary function of a cabinet official, such additional functions would fall under the purview of "any other office" prohibited by the Constitution.
Appointive Officials
-
GR
- no appointive official shall hold any other office or employment in the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.
XCPN
- Unless otherwise allowed by law or by the primary functions of his position,
SUI Generis Entities (Liban v. Gordon/Funa v. MECO)
-
MECO
Red Cross
Effect of Accepting 2nd Office (Funa v. Executive Secretary)
-
President People / Art. VII, Sec. 13
- If mag accept, you vacate first office (USEC, Cabinet, Deputy assistants)
Art. IX-B Non-President
- Acceptance means vacation of the second office.
Effect of Pardon (Monsanto v. Factoran)
- Pardon does not ipso facto restore a convicted felon to a
public office which was forfeited by reason of the conviction. However, such pardon restores his eligibility for appointment to that office
Family Prohibition - Spouse and relatives within the 4th civil degree of the president may not be appointed as members of the ConstiComm, Ombudsman or chairmen/head of government.
Only Deputies/Assistants not Equivalent Rank (Agra case)
- The phrase "the Members of the Cabinet, and their deputies or assistants" found in Section 13, supra, referred only to the heads of the various executive departments, their undersecretaries and assistant secretaries, and did not extend to other public officials given the rank of Secretary, Undersecretary or Assistant Secretary.33
Hence, in Public Interest Center, Inc. v. Elma, the Court opined that the prohibition under Section 13 did not cover Elma, a Presidential Assistant with the rank of Undersecretary.
Grounds for Disqualification
- May arise from multiple causes such as:
Incapacity (LGC 39)
Misconduct/Crime
Impeachment
Removal from office
Prior Tenure - Some officers may not serve more multiple terms such as the President.
Being an elective Official. No elective official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure.
[Lame Duck Rule] Having been a candidate for any elective position. No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Government-owne
Pres. Decree No. 807 (1975) or the Civil Service Decree of the Philippines, Secs. 5-6
Exec. Order No. 292 (1987), Secs. 6-9
SECTION 6. Effect of Marriage.—Citizens of the Philippines who marry aliens shall retain their citizenship, unless by their act or omission they are deemed, under the law, to have renounced it.
SECTION 7. Natural-born Citizen.—Natural-born citizens are those who are citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship. Those who elect Philippine citizenship in accordance with the Constitution shall be deemed natural-born citizens.
SECTION 8. Loss or Reacquisition of Citizenship.—Philippine citizenship may be lost or reacquired in the manner provided by law.
SECTION 9. Dual Allegiance.—Dual allegiance is inimical to the national interest and shall be dealt with by law.
Sec. 5
- The Career Service shall be characterized by
(1) entrance based on merit and fitness to be determined as far as practicable by competitive examinations, or based on highly technical qualifications;
(2) opportunity for advancement to higher career positions; and
(3) security of tenure.
Sec. 6 Non-Career Service
- The Non-Career Service shall be characterized by
(1) entrance on bases other than those of the usual tests of merit and fitness utilized for the career service; and
(2) tenure which is limited to a period specified by law, or which is coterminous with that of the appointing authority or subject to his pleasure, or which is limited to the duration of a particular project for which purpose employment was made.
Scope of Non-Career
- The Non-Career Service shall include:
ELECTIVE
- and their personal or confidential staff;
DEPARTMENT
- Heads and other officials of Cabinet rank who hold positions at the pleasure of the President and their personal or confidential staff(s);
CHAIRMAN
- and members of commissions and boards with fixed terms of office and their personal or confidential staff;
CONTRACTUAL PERSONNEL
- or those whose employment in the government is in accordance with a special contract to undertake a specific work or job, requiring special or technical skills not available in the employing agency, to be accomplished within a specific period, which in no case shall exceed one year, and performs or accomplishes the specific work or job, under his own responsibility with a minimum of direction and supervision from the hiring agency; and
EMERGENCY
- and seasonal personnel.
Scope of Career Service
- The Career Service shall include:
Open Career
positions for appointment to which prior qualification in an appropriate examination is required;
Closed Career
positions which are scientific or highly technical in nature; these include the faculty and academic staff of state colleges and universities, and scientific and technical positions in scientific or research institutions which shall establish and maintain their own merit systems;
Positions in the Career Executive Service; namely
, Undersecretary, Assistant Secretary, Bureau Director, Assistant Bureau Director, Regional Director, Assistant Regional Director, Chief of Department Service and other officers of equivalent rank as may be identified by the Career Executive Service Board, all of whom are appointed by the President;
Career officers, other than those in the Career Executive Service
, who are appointed by the President, such as the Foreign Service Officers in the Department of Foreign Affairs;
Commissioned officers and enlisted men
of the Armed Forces which shall maintain a separate merit system;
Personnel of government-owned or controlled corporations
, whether performing governmental or proprietary functions, who do not fall under the non-career service; and
Permanent laborers
, whether skilled, semi-skilled, or unskilled.
Q.
Are Lawyers required to take the Civil Service Exam if entering into Career Service, are there other exceptions?
Exceptions may be carved out by other laws.