Eligibility and Qualification

CHAPTER CHAPTER 22 ELIGIBILITY AND ELIGIBILITY AND QUALIFICATIONQUALIFICATION

Prepared byEmma P. SwansonMPA- (2013-2014

12.8.13

OBJECTIVES

At the end of the lesson we will be able to identify what is Eligibility and Qualification in General.

What Particular Qualification and Disqualification

Importance of Eligibility in the Government Employees

Others MC’s of Civil Service Commission

Chapter 2 Eligibility and Qualification

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is the state or quality of being fitted or qualified to be chosen.

ELIGIBILITY

eligible means fitted or qualified to hold an office. Under the Administrative Code of 1987, it is

used to refer to a person who obtain a passing grade in a Civil service examination or is granted a civil service eligibility and whose name is entered in the register of eligibles.

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Note : The mere certification of a person by the Civil Service Commission as a civil service eligible does not amount to an appointment to any position, nor does it insure appointment, as the appointing power has the right of choice, to be freely exercised according to his judgment, as to who is best qualified among those eligible.

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MC No. 3’s 2007 (SCEP) MC No. 11’s 1996 Cat. I MC No, 11’s 1996 Cat. II MC RES. 93-366 BARANGAY OFFICIALS CS, SUB-PROF. CS, PROF. PD 907 RA 1080

Kinds of eligibility

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It may refer to endowment or accomplishment that fits one for office. It may refer to the act which a person, before entering upon the performance of

his duties, is, by law, required to do, such as the taking, and often, of subscribing and filing of an official oath, and, in many cases, the giving of an official bond

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qualification


1. NOT A NATURAL RIGHT the right of eligibility to offices is not so secured it exists, where it exists at all, only because and by virtue of some law expressly or impliedly creating and conferring it.

To hold a public office, one must be eligible and possess the qualifications prescribed by the Constitutional and by law.

a person who is ineligible or unqualified gives him no right to hold the office.

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NATURE OF RIGHT TO HOLD PUBLIC OFFICE


2. NOT A CONSTITUTIONAL RIGHT There is no constitutional right to run for office or hold elected office. Rather it is a political privilege which depends upon the favor of the people, which favor may be couple with reasonable conditions for the public good.

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1. IN GENERAL Congress is generally empowered to prescribe the qualifications for holding public office, provided it does not exceed thereby its constitutional powers or impose conditions of eligibility inconsistent with constitutional provisions.

The qualifications prescribed must not too detailed as to practically amount to making an appointment which is an executive function and not legislative

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Power of congress to prescribe qualifications


2. WHERE OFFICE CREATED BY CONGRESS

Where an office is the creature Congress, that body can deal with the subject of qualification and disqualification, provided that in so doing it does not impinge upon any express provision of the Constitution.

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3. WHERE QUALIFICATIONS PRESCRIBE BY THE CONSTITUTIONThe right of Congress to prescribe qualifications is not inconsistent with the executive power of appointment to office. Where the Constitution has prescribed certain qualifications. Congress may prescribe additional qualifications unless it appears that this action is prohibited


4. WHERE OFFICE CREATED BY CONSTITUTION

The general rule is that where the Constitutional establishes specific eligibility requirements for a particular constitutional office, the constitutional criteria are exclusive

Congress may have no power to require different qualifications for constitutional offices other than those qualifications specifically set out in the Constitution

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in the absence of constitutional inhibition, Congress has the same right to provide disqualifications that it has to provide qualifications for office.

when the Constitutional has attached a disqualification to the holding of any office, Congress cannot remove it under the power to prescribe qualifications as to such offices as it may create.

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Power of congress to prescribe disqualifications


1. Presumption in favor of eligibility There is a presumption in favor of the eligibility of one who has been elected or appointed to public office.

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CONSTRUCTION OF RESTRICTION ON ELIGIBILITY

2. Basis of presumptionA strong public policy exists in favor of eligibility to public office and a constitutional provision, where the language and context allow should be construed so as to preserve this eligibility as ambiguities are to be resolved in favor of eligibility to office


3. Rule of liberal constitutionThe right to public office should be strictly construed against ineligibility

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CONSTRUCTION OF RESTRICTION ON ELIGIBILITY


1. Where time specified by Constitution or LawThe right to public office should be strictly construed against ineligibility

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Time of possession of qualifications

2. Where Constitution or Law is silentif the constitutional or law does not specify the time when the conditions of eligibility must exist it is necessary for the courts to have recourse to some other means of determining the matter.


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3. When qualifications must always existThe fact that the candidate or appointee may have been qualified at the time of his election or appointment is not sufficient to entitle him to hold the office if at the time of the commencement of the term or tenure or during the continuance of the incumbency.


The courts have not agreed as to the effect of removal by an office holder of his disqualifications after the commencement of the term of office and during its continuance.

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Removal of disqualifications during term


Qualifications usually required of public officersThe qualifications for public office are continuing requirements and must be possessed not only at the time of appointment or election or assumption of office but during the officers entire tenure

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PARTICULAR qualifications AND DISQUALIFICATIONS

FORMAL QUALIFICATIONS1. Citizenship – aliens enjoy many of the rights of citizens but they also labor under certain disabilities. It is a general principle that aliens are not eligible to public office unless the privilege is extended to them by statute.


2. Age – although all person are normally considered qualified for public office it is nevertheless true that age may present an obstacle to the holding of such an office or of particular offices.

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3. Suffrage – the right of suffrage is generally denied to those who are not citizens the exclusion of unnaturalized foreigners from public office is likewise accomplished by permitting none but electors or voters to be public officers

4. Residence – There are provisions in the Constitution and statutes prescribing residence qualification for office.


5. Education – as a general principle the more education an individual has the better and more effective public officer he will be.

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6. Ability to read and write – This qualification may lawfully be made since there is no constitutional prohibition against it especially where it has a reasonable relationship to the duties of the position in question.

7. Political affiliation – normally discrimination in public employment by reason of political affiliation is proscribed by the Constitution8. Civil service examination – for appointment to positions in the first and second levels.


It is well settled that religious beliefs or opinions cannot be made a test of political right and privilege.

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RELIGIOUS QUALIFICATIONS

PROHIBITED


1. President and Vice-President

No person may be elected President unless he is a natural-born citizen of the Philippines a registered voter able to read and write at least forty years of age on the day of the election and resident of the Philippines for at least ten years immediately preceding such election.

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Qualifications prescribed by the constitution for certain officers


2. Senators

No person shall be a Senator unless he is a natural-born citizen of the Philippines and on the day of the election is at least thirty five of age able to read and write a registered voter and resident of the Philippines for not less than two years immediately preceding such election.

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3. Members of the House of Representative

No person shall be a Member of the House of the Representative unless he is a natural-born citizen of the Philippines and on the day of the election is at least twenty five of age able to read and a registed voter in the district in which he shall be elected


4. Members of the Supreme Court and Lower collegiate court

No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines

at least forty years of age and must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.

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5. Chairman and Commissioners of the Civil Service

The civil service shall be administered by the Civil Service Commission composed of a Chairman and two Commissioners who shall be natural born citizens of the Philippines and at the time of their appointment at least thirty five years of age with proven capacity for public administration and must not have been candidates for any elective position in the elections immediately preceding their appointment.

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6. Chairman and Commissioners of the Commission on Elections

composed of a Chairman and six Commissioners who shall be natural born citizens of the Philippines and at the time of their appointment at least thirty five years of age holders of a college degree and must not have been candidates for any elective position in the elections immediately preceding elections.

shall be member of the Philippine Bar who have been engaged in the practice of law for at least ten years.

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7. Chairman and Commissioners of the Commission on Audit

composed of a Chairman and two Commissioners who shall be natural born citizens of the Philippines and at the time of their appointment at least thirty five years certified public accountants with not less than ten years of auditing experience or members of the Philippine Bar who have been engaged in the practice of law for at least ten years.

must not have been candidates for any elective position in the elections immediately preceding their appointment.

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8. Chairman and Members of the Commission on Human Rights

composed of a Chairman and four Members who must be natural born citizens of the Philippines and majority of whom shall members of the Bar

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9. Ombudsman and his deputies

shall be natural born citizens of the Philippines and at the time of their appointment at least forty years old of recognized probity and independence members of the Philippine Bar.

must have for ten yrs and more been judge or engaged in the practice of law in the Philippines.


1. Secretaries of Department

shall be citizens of the Philippines and not less than twenty five years of age.

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Qualifications prescribed by LAW for certain officers

2. Presiding justice and Associate Justice of the Court of Appeals

shall have the same qualifications as those provided in the Constitution for Justice of the Supreme Court.


3. Judges of Regional Trail Courts

shall be citizens of the Philippines at least thirty five years of age and for at least ten years has been engaged in the practice of law in the Philippines.

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4. Judges of the Metropolitan Trail Courts Municipal Trail Courts and Municipal Circuit Trail Courts

shall be natural born citizen of the Philippines at least thirty years of age and for at least five years has been engaged in the practice of law in the Philippines


5. Elective local official

governor and vice governor – 23 years of age

mayor and vice mayor – 21 years of age

sangguniang panlungsod or sanguniang bayan - 18 years of age.

punong barangay – 18 years of age

sangguniang kabataan – 15 year no more than 21 years of age

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7. Member of the board of election inspectors

he is of good moral character and irreproachable reputation.


1. Mental or Physical incapacity2. Misconduct or crime3. Impeachment4. Removal or suspension from office5. Previous tenure of office6. Consecutive terms1. Vice President shall not serve for more than two successive terms2. Senator shall not serve for more than two consecutive terms3. Member of the HR shall not serve for more than three consecutive terms

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disqualifications to hold public officers


4. elective local officials except barangay officials which shall be terminated by law shall be three and no such official shall serve for more than three consecutive terms

7. Holding more than one office8. Relationship with the appointing power9. Office newly created or the emoluments of which have been increased10. Being an elective official 11. Having been a candidate for any elective position12. Under the Local Government Code

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THE END

Eligibility and Qualification

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