I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The qualification of public officers may refer either to endowments/qualities or the act of assuming office. Both are indispensable requisites. Regarding endowments or qualifications, the loss of these qualifications, such as citizenship, is a ground for termination. Besides citizenship, other qualifications are prescribed by the Constitution and are generally exclusive unless there is a specific provision.
Laws that create government bodies also have qualifications, but these are to be in line with the purpose of their offices under these particular laws. The qualifications, however, are not too stringent to fit a particular person because it would deprive the appointing power of the discretion needed to appoint a suitable person to the post.
Disqualifications are also provided for by the Constitution and laws. We will take up the general and specific disqualifications under the Constitution here. General and specific qualifications of other offices will be taken up in other posts.
General Disqualifications
1.) Candidates who lose an election can't be appointed to any government office within 1 year after that particular election.
2.) Elected officials aren't eligible for appointment to any public office during their term. If they are appointed, they have to leave their elected offices (doctrine of incompatible offices.)
3.) Appointed officials can't hold any other government office unless allowed by law or the primary functions of his position (ex. the Secretary of Finance can be a member of the Monetary Board.) Ex officio positions are part of the official's main job, but he's not entitled to receive extra compensation for the ex officio position.
Specific Disqualifications
1.) The president, vice-president, members of the cabinet and their deputies and assistants can't hold any other office during their term unless the Constitution provides or if the position is ex officio.
2.) Senators and congressmen can't hold any other government office, including GOCCs (Government-Owned or Controlled Corporations) during their terms. If they do, they lose their seats in congress or the Senate. They also can't be appointed to any office created during their term or have its emoluments (benefits and salaries) increased during that same term.
3.) SC and CA justices and judges of the lower courts can't be appointed to agencies that perform quasi-judicial or administrative functions.
4.) Members of the constitutional commissions (Comelec, COA and CSC) can't hold any other office during their term. That also includes the Ombudsman and his deputies.
5.) The Ombudsman and his deputies are not qualified to run for any office in the election that comes immediately after they finished their term.
6.) The Ombudsman, his deputies and members of the constitutional commissions must not have run for office in the election that came immediately before their appointment.
7.) The Ombudsman, his deputies and members of the constitutional commissions can't be reappointed after finishing their 7-year term.
8.) The spouse of the president, as well as his relatives up to the 4th civil degree can't be appointed as members of the cabinet, the constitutional commissions, the Ombudsman, or as chairmen or heads of bureaus and offices -including GOCCs.
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