Public Office Definition A public office is the right, authority and duty created and conferred by law, by which

for a given period, either fixed by law or enduring at the pleasure of the appointing power, an individual is invested with some portion of the sovereign functions of the government, to be exercised by him for the benefit of the public. (Mechem) Purpose and Nature A public office is created to effect the end for which government has been instituted which is the common good; not profit, honor, or private interest of any person, family or class of persons (63 A Am Jur 2d 667) Nature: Elements (1) Must be created either by (a) the Constitution, (b) the Legislature, or (c) a municipality or other body through authority conferred by the Legislature; (2) Must possess a delegation of a portion of the sovereign power of government, to be exercised for the benefit of the public; (3) The powers conferred and the duties discharged must be defined, directly or impliedly by the Legislature or through legislative authority; (4) The duties must be performed independently and without control of a superior power other than the law; Exception: If the duties are those of an inferior or subordinate office, created or authorized by the Legislature and by it placed under the general control of a superior office or body; (5) Must have some permanency and continuity Note: This is not to be applied literally. The Board of Canvassers is a public office, yet its duties are only for a limited period of time. (cf. Barney v. Hawkins) Public Officer v. Public Employment Public employment is broader than public office. All public office is public employment, but not all public employment is a public office. (1) A public office is a public trust. (Art. XI, Sec. 1, 1987 Consti) (2) It is a responsibility and not a right. (Morfe v. Mutuc)

Generally, a position is a public office when it is created by law, with duties cast upon the incumbent which involve the exercise of some portion of the sovereign power, and in the performance of which the public is concerned. Public employment is a position which lacks one or more of the foregoing elements. Modes of Creation of Public Office (1) (2) (3) by the Constitution by statute / law by a tribunal or body to which the power to create the

office has been delegated

Scope and Extent of Power of legislature GENERAL RULE: Exceptions: The creation of a public office is primarily a legislative function. (1) where the offices are created by the Constitution; (2) where the Legislature delegates such power.

Modification and Abolition GENERAL RULE: EXCEPTIONS: (1) Where the Constitution prohibits such modification / abolition; (2) Where the Constitution gives the people the power to modify or abolish the office; Classification of Public Offices and Public Officers Creation (1) (2) Public Body Served (1) (2) National Local Constitutional Statutory The power to create an office includes the power to modify or abolish it. (i.e., this is generally a legislative function)

Department of government to which their functions pertain (1) Legislative

(2) (3) Nature of functions (1) (2)

Executive Judicial

Civil Military

Exercise of Judgment or discretion (1) (2) Legality of Title to office (1) (2) Compensation (1) (2) Lucrative Honorary De Jure De Facto Quasi-judicial Ministerial