Part 1.

Definitions, Distinctions, and Classifications

1 Meaning of office
Office may be defined as a position or function by virtue of which a person is
employed in anothers affairs, either by being appointed, elected, or appointed during
the pleasure of the appointing power or for a fixed term (63A Am. Jur. 2d 667).
2. Meaning of public office
a. It refers to 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, A
Treatise on the Law of Public Officers
Essential elements of a public office:
a. It is created by the Constitution or by law or by some body or agency to which the
power to create the office has been delegated;
b. It must be invested with an authority to exercise some portion of the sovereign power of
the State to be exercised for public interest;
c. Its powers and functions are defined by the Constitution, or by law, or through legislative
authority;
d. The duties pertaining to a public office are performed independently, without control of a
superior power other than law, unless they are those of an inferior or subordinate officer,
created or authorized by the legislature and placed by it under the general control of a
superior officer or body; and
e. It is continuing and permanent in nature and not occasional or intermittent
N. Meaning of officer/public officer/employee/public official
1. Officer is one who holds a public office. Under the Administrative Code of 1987, it
refers to a person whose duties involve the exercise of discretion in the performance of
the functions of the government.
2. Public officer is such an officer as is required by law to be elected or appointed, who
has a designation or title given to him by law, and who exercises functions concerning
the public, assigned to him by law (63A Am. Jur. 2d 670). Under the Revised Penal
Code, any person who takes part in the performance of public functions or performs
public duties is deemed a public officer. The RPC definition, therefore, eliminates the
standard distinction between officer and employee.
3. Employee includes any person in the service of the government or any of its agencies,
divisions, subdivisions, or instrumentalities.
Public Official is defined as an officer of the Government itself, as distinguished from
the officers and employees of instrumentalities of the government. However, the term
public official is ordinarily synonymously used with public officer.
Chapter 2
Eligibility state or quality of being legally fitted or qualified to be chosen.
Eligibility to a public office is of a continuing nature and must exist both at the
commencement and during the occupancy of an office (Aguila v. Genato, 103 SCRA
b. Eligible means being legally fitted or qualified to hold an office. Under the
Administrative Code of 1987, it refers to one who obtains a passing grade in a civil
service exam (Executive Order No. 292, Book V, Title I, Subtitle A, Chapter 1,
Section 5(8)).
c. Ineligibility refers to lack of qualifications required by law for holding public
office.
d. Ineligible may mean legally or otherwise disqualified to hold an office;

disqualified to be elected to an office; disqualified to hold an office if elected or

appointed to it.
2. Meaning of Qualification
a. It may refer to the endowment or accomplishment that fits one for office; or
b. It may refer to the act which a person is legally required to do before entering upon
the performance of his duties.
a. Emolument does not refer to the fixed salary alone but includes such fees
and compensations which the incumbent is entitled to receive by law.