General Principles Governing Public Officers

1. General Principles
Governing Public Officers
Executive Order No. 292
ADMINISTRATIVE CODE OF 1987
Reporter:
Luzelle M. Ferreras
MA (Educ. Mgt)

2. SECTION 32.
Nature of Public Office
Public office is a public trust. Public
officers and employees must at all times be
accountable to the people, serve them with
the utmost responsibility, integrity, loyalty
and efficiency, act with patriotism and
justice, and lead modest lives.

3. SECTION 33.
Policy on Change of Citizenship
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.

4. SECTION 34.
Declaration of Assets, Liabilities and Net
Worth
A public officer or employee shall, upon
assumption of office and as often thereafter
as may be required by law, submit a
declaration under oath of his assets,
liabilities, and net worth.

5. SECTION 35.
Ethics in Government
All public officers and employees shall
be bound by a Code of Ethics to be
promulgated by the Civil Service
Commission.

6. SECTION 36.
Inhibition Against Purchase of Property
at Tax Sale
No officer or employee of the
government shall purchase directly or
indirectly any property sold by the
government for the non-payment of any tax,
fee or other public charge. Any such
purchase by an officer or employee shall be
void.

7. SECTION 37.
Powers Incidental to Taking of
Testimony
When authority to take testimony or
receive evidence is conferred upon any
administrative officer or any non-judicial
person, committee, or other body, such
authority shall include the power to
administer oaths, summon witnesses, and
require the production of documents by a
subpoena duces tecum.

8. SECTION 38.
Liability of Superior Officers
(1) A public officer shall not be civilly
liable for acts done in the performance of his
official duties, unless there is a clear
showing of bad faith, malice or gross
negligence.

9. SECTION 38.
Liability of Superior Officers
(2) Any public officer who, without just
cause, neglects to perform a duty within a
period fixed by law or regulation, or within a
reasonable period if none is fixed, shall be
liable for damages to the private party
concerned without prejudice to such other
liability as may be prescribed by law.

10. SECTION 38.
Liability of Superior Officers
(3) A head of a department or a
superior officer shall not be civilly liable for
the wrongful acts, omissions of duty,
negligence, or misfeasance of his
subordinates, unless he has actually
authorized by written order the specific act
or misconduct complained of.

11. SECTION 39.
Liability of Subordinate Officers
No subordinate officer or employee
shall be civilly liable for acts done by him in
good faith in the performance of his duties.
However, he shall be liable for willful or
negligent acts done by him which are
contrary to law, morals, public policy and
good customs even if he acted under orders
or instructions of his superiors.

12. Eligibility
and
Qualifications

13. Definition
• Eligibility, which is the term usually used
in reference to the Civil Service Law, refers
to the endowment / requirement /
accomplishment that fits one for a public
office.
• Qualification generally refers to the
endowment / act which a person must do
before he can occupy a public office.

14. Power to Prescribe Qualifications
GENERAL RULE:
Congress is empowered to prescribe the
qualifications for holding public office,
subject to the following restrictions:
 Congress cannot exceed its constitutional
powers;

15.  Congress cannot impose conditions of eligibility
inconsistent with constitutional provisions;
 The qualification must be germane to the position
("reasonable relation" rule);
 Congress cannot prescribe qualifications so detailed
as to practically amount to making an
appointment. (Legislative appointments are
unconstitutional and therefore void for being a
usurpation of executive power.);
 Where the Constitution establishes specific eligibility
requirements for a particular constitutional office, the
constitutional criteria are exclusive, and Congress
cannot add to them except if the Constitution
expressly or impliedly gives the power to set
qualifications.

16. Qualifications usually prescribed
President (Sec. 2, Art. VI, Constitution)
Vice President (Sec. 3, Art. VII,
Constitution)
Natural-born citizen
40 years old on day of election
Resident of the Philippines for at least 10
years immediately preceding election
day.

17. Qualifications usually prescribed
Senator (Sec. 3, Art. VI, Constitution)
Natural-born citizen
35 years old on day of election
able to read and write
registered voter
resident of the Philippines for not less
than two years immediately preceding
election day

18. Qualifications usually prescribed
Congressmen (Sec. 6, Art. VI, Constitution)
Natural-born citizen
25 years old on day of election
able to read and write
registered voter in district in which he
shall be elected
resident thereof for not less than one
year immediately preceding election day

19. Qualifications usually prescribed
Supreme Court Justice
Natural born citizen
at least 40 years old
15 years or more a judge or engaged in
law practice of proven CIPI (competence,
integrity, probity and independence).

20. Qualifications usually prescribed
Civil Service Commissioners (Sec. 1 [1], Art.
IXB. Constitution)
 Natural-born citizen
35 years old at time of appointment
proven capacity for public administration
not a candidate for any elective position in
elections immediately preceding
appointment

21. Qualifications usually prescribed
COMELEC Comm. (Sec. 1[1], Art. IXC)
 Natural-born citizen
35 years old at time of appointment
college degree holder
not a candidate for elective position in election
immediately preceding appointment chairman
and majority should be members of the bar
who have been engaged in the practice of law
for at least 10 years

22. Qualifications usually prescribed
COA Commissioners
Natural-born citizen
35 years old at time of appointment
CPA with >10 year of auditing experience or
Bar member engaged in practice of law for at
least 10 years
Not have been candidates for elective position
in elections immediately preceding
appointment