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CHAPTER 2

ELIGIBILITY AND
QUALIFICATION

Prepared by
Emma P. Swanson
MPA- (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 MCs of Civil Service Commission
Chapter 2 Eligibility and Qualification 2
Chapter 2 Eligibility and Qualification
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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Chapter 2 Eligibility and Qualification
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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Chapter 2 Eligibility and Qualification
MC No. 3s 2007 (SCEP)
MC No. 11s 1996 Cat. I
MC No, 11s 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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Chapter 2 Eligibility and Qualification
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

Chapter 2 Eligibility and 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
Chapter 2 Eligibility and Qualification
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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Chapter 2 Eligibility and Qualification
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
Chapter 2 Eligibility and Qualification
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 CONSTITUTION
The 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


Chapter 2 Eligibility and Qualification
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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Chapter 2 Eligibility and Qualification
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
Chapter 2 Eligibility and Qualification
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 presumption
A 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
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3. Rule of liberal constitution
The right to public office should be strictly
construed against ineligibility
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CONSTRUCTION OF
RESTRICTION ON ELIGIBILITY
Chapter 2 Eligibility and Qualification
1. Where time specified by Constitution
or Law
The 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 silent
if 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.
Chapter 2 Eligibility and Qualification
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3. When qualifications must always
exist
The 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.
Chapter 2 Eligibility and Qualification

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
Chapter 2 Eligibility and Qualification
Qualifications usually required of public
officers
The 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 QUALIFICATIONS
1. 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.
Chapter 2 Eligibility and Qualification
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.

Chapter 2 Eligibility and Qualification
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 Constitution

8. Civil service examination for
appointment to positions in the first and
second levels.

Chapter 2 Eligibility and Qualification
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
Chapter 2 Eligibility and Qualification
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
Chapter 2 Eligibility and Qualification
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

Chapter 2 Eligibility and Qualification
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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Chapter 2 Eligibility and Qualification
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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Chapter 2 Eligibility and Qualification
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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Chapter 2 Eligibility and Qualification
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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Chapter 2 Eligibility and Qualification
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.
Chapter 2 Eligibility and Qualification
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.
Chapter 2 Eligibility and Qualification
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
Chapter 2 Eligibility and Qualification
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.
Chapter 2 Eligibility and Qualification
1. Mental or Physical incapacity
2. Misconduct or crime
3. Impeachment
4. Removal or suspension from office
5. Previous tenure of office
6. Consecutive terms
1. Vice President shall not serve for more
than two successive terms
2. Senator shall not serve for more than two
consecutive terms
3. Member of the HR shall not serve for
more than three consecutive terms




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disqualifications to hold public
officers
Chapter 2 Eligibility and Qualification
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 office
8. Relationship with the appointing
power
9. Office newly created or the
emoluments of which have been
increased
10. Being an elective official
11. Having been a candidate for any
elective position
12. Under the Local Government Code

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