ALEXIS ELAINE A.

BEA

2014-89344

QUALIFICATIONS AND DISQUALIFICATIONS OF PUBLIC OFFICERS:

I. QUALIFICATIONS
A. GENERAL QUALIFICATIONS
1. Filipino citizenship Representatives or
2. Age Senate
3. Right of Suffrage 2. Party-list
4. Residence representation;
5. Education 3. Commission on
6. Ability to read and write Appointments;
7. Political Affiliation 4. Vacancies in the
8. Political Qualification: Sanggunian (Sec. 45,
Not required for public Local Government
office Code)
EXC: 9. Civil Service
1. Membership in the Qualification: Civil Service
electoral tribunals of Exam
either the House of
B. SPECIFIC
i. 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 yrs immediately preceding election day

ii. 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
iii. 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
iv. 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)
v. 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
vi. 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 (See Cayetano v. Monsod)
vii. 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
viii. Elective Local officials
1. Citizen of the Philippines
2. Registered voter wherever he is running
3. Residency: Resident therein for at least one year before election
4. Able to read and write Filipino or any other local language or dialect
5. Age requirements
Governor, Vice-Governor, member of Sangguniang Panlalawigan, mayor,
vice-mayor, member of Sangguniang Panlungsod of highly urbanized
cities: 23 years old on election day.
Mayor, vice-mayor of independent component cities, component cities, or
municipalities: 21 years old on election day.
Sangguinang panlungsod or sangguniang bayan: 18 years old on election
day
Punong barangay, member of sangguniang pambarangay: 18 years old
on election day.
SK: at least 15 years old, but not more than 21 years old on election day.
ix. Members of Board of Election Inspectors:
1. Good moral character and irreproachable reputation
2. Registered voter of city or municipality
3. Never been convicted of election offense or any other crime punishable by more
than 6 months of imprisonment
4. No pending information against him for any election offense.
5. Able to speak and write English or the local dialect.

II. DISQUALIFICATIONS
A. GENERAL DISQUALIFICATIONS
i. Lacks the qualification or eligibility required by law.

B. SPECIFIC DISQUALIFICATIONS
i. Mental or physical incapacity
ii. Misconduct or crime: persons convicted of crimes involving moral turpitude are
USUALLY disqualified from holding public office.
iii. Impeachment
iv. Removal or suspension from office
1. not presumed Non-imposable when such ineligibility is not constitutional or
statutory declared.
v. Previous tenure of office: for example, an appointed Ombudsman is absolutely
disqualified for reappointment (Article XI, Constitution).
vi. Consecutive terms limit:
1. Vice-President = 2 consecutive terms
2. Senator = 2 consecutive terms
3. Representative = 3 consecutive terms
4. Elective local officials = 3 consecutive terms (Sec. 8, Art. X, Constitution)
vii. Holding more than one office: to prevent offices of public trust from accumulating in a
single person, and to prevent individuals from deriving, directly or indirectly, any
pecuniary benefit by virtue of their holding of dual positions.
 viii. Holding of office in the private sector.
1. Section 7 (b)(1)of RA 6713 considers unlawful for public officials and employees
during their incumbency to own, control, manage, or accept employment as
officer employee, consultant, counsel, broker, agent, trustee or nominee in any
private enterprise regulated, supervised or licensed by their office unless
expressly allowed by law.
2. Section 7 of RA 6713 also generally provides for the prohibited acts and
transactions of public officials and employees. Subsection (b)(2) prohibits them
from engaging in the private practice of their profession during their
incumbency. As an exception, a public official or employee can engage in the
practice of his or her profession under the following conditions: first, the private
practice is authorized by the Constitution or by the law; and second, the
practice will not conflict, or tend to conflict, with his or her official functions.
ix. Relationship with the appointing power
1. General Rule on Nepotism: The Civil Service Decree (PD 807) prohibits all
appointments in the national and local governments or any branch or
instrumentality thereof made in favor of the relative of:
appointing authority;
recommending authority;
chief of the bureau office; or
person exercising immediate supervision over the appointee
2. Relative: related within the third degree of either consanguinity or of affinity.
3. Exceptions to rule on nepotism:
persons employed in a confidential capacity
teachers
physicians
members of the Armed Forces of the Philippines
4. Under the Local Government Code (sec. 40)
Sentenced by final judgment for an offense involving moral turpitude or
for an offense punishable by 1 year or more of imprisonment, within 2
years after serving sentence;
Removed from office as a result of an administrative case;
Convicted by final judgment for violating the oath of allegiance to the
Republic;

Public Officer Disqualifications

The President, Vice President, the shall not hold any other office or employment during their tenure,
Members of the Cabinet and their UNLESS otherwise provided in the Constitution, (Art. VII, Sec.
deputies or assistants 13)

Senator or Member of the House of
Representatives
may not hold during his term any other office or employment in
the Government, or any subdivision, agency or instrumentality
thereof, including government -owned or -controlled corporations
or their subsidiaries Effect: or else he forfeits his seat Shall also
not be appointed to any office when such was created or its
emoluments were increased during his term. (Art. VI, Sec 13)

Members of the Supreme Court shall not be designated to any agency performing quasi-judicial
and other courts established by or administrative functions. (Art. VIII, Sec. 12)
law

Members of the Constitutional shall not hold any other office or employment [during their
Commission Ombudsman and his tenure]. (Art. IX-A, Sec. 2) (Art. XI, Sec. 8)
Deputies
Members of Constitutional
Commissions, the Ombudsman
and his Deputies
Members of Constitutional
Commissions, the Ombudsman
and his Deputies
The Presidents spouse and
relatives by consanguinity or
affinity within the fourth civil
degree
must not have been candidates for any elective position in the
elections immediately preceding their appointment (Art IX-B, Sec.
1; Art. IX-C, Sec. 1; Art. IX-D, Sec. 1; Art XI, Sec. 8)
are appointed to 7-year term, without reappointment (Sec. 1(2) of
Arts. IX-B, C, D; Art. XI, Sec. 11)
shall not be appointed during Presidents tenure as Members of
the Constitutional Commissions, or the Office of the
Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned-or -
controlled corporations. (Art. VIII, Sec. 13)