Salient Points in Law of Public Officers

Characteristics of Public Officers
1. Public trust
2. Not a hereditable possession
3. Outside the commerce of man; hence it may not be the subject of a valid contract
4. Not a property; hence not protected by the due process clause

Power of appointment is essentially executive, subject to well-known exceptions.

Power to create public office is legislative; as well as power to prescribe qualifications to public office.

Calderon vs. Carale – The list of presidential appointees who require confirmation by the Commission on Appointment is exclusive. Hence, Congress by a mere legislative act may not validly amend the constitution by adding or deducting to or from that list.

Distinction between Ad Interim appointment and Regular appointment – The real distinction lies in the effectivity. Ad interim appointment takes effect immediately; appointee may immediately assume office. Regular appointment does not take effect immediately; will only take effect after confirmation by the Commission on Appointment.

See Pimentel vs. Ermita on appoinment in an acting capacity made by the President of some cabinet members; distinction between appointment in an acting capacity and ad interim appointment.

On midnight appointments, the prohibition (see Sec. 15 Art 7, Constitution) only applies to presidential appointments. (Derama vs. CA) There is no law that prohibits local elective officials from making appointments immediately before his term of office ends.

Local government units may validly exercise the power of eminent domain through an ordinance; a mere resolution will not do.

Tags: Political Law