Termination of Official Relation

I. Expiration of the term or tenure of office II. Reaching the age limit (retirement) III. Death or permanent disability IV. Resignation

V. Acceptance of an incompatible office

VI. Abandonment of office VII. Prescription of right to office VIII. Removal

IX. Impeachement X. Abolition of office XI. Conviction of a crime XII. Recall

I. Expiration of the term or tenure of

office

 Upon the expiration of the officer‘s term, unless he is authorized by law to hold over, his rights, duties and authority as a public officer must ipso facto cease

 Term of office means the time during which the officer may claim to hold the office as of right and fixes the interval after which the several incumbents shall succeed one another. It is a fixed and definite period of time to hold office, perform its functions and enjoy its privileges and emoluments until the expiration of said period

 Tenure of office represents the period during which the incumbent actually holds office.

II. Reaching the age limit (retirement)

This mode results in the compulsory and automatic retirement of a public officer

III. Death or permanent disability

 The death of the incumbent of an office, which is by law to be filled by one person only, necessarily renders the office vacant. The public official cease to hold office upon his death and all his rights, duties and obligations pertinent to the office are extinguished

 Permanent disability covers both physical or mental disability.

IV. Resignation

 Resignation is the formal renunciation or relinquishment of a public office. It implies an expression by the incumbent in some form, express or implied, of the intention to surrender, renounce and relinquish his right to the office and its acceptance by competent and lawful authority.

 To constitute resignation of public office, there must be an intention to relinquish a part of the term, accompanied by the act of relinquishment.

 A written resignation, delivered to the board or officer authorized to receive it and fill the vacancy thereby created, is prima facie, but not conclusive evidence of the intention to relinquish the office.

 Acceptance by the proper authority is necessary for a resignation to be operative and effective.

14

1

V. Acceptance of an incompatible

office

 It is contrary to the policy of the law that the same individual should undertake to perform inconsistent and incompatible duties.

 One who, while occupying one office, accepts another incompatible with the first, ipso facto, absolutely vacates the first office.

 When Incompatible

o Incompatibility is to be found in the character of the offices and their relation to each other, in the subordination of one to the other and in the nature of the functions and duties which attach to them

o It exists where:

 There is conflict in such duties and functions, so that the performance of the duties of one interferes with the performance of the duties of the other as to render it improper from consideration of public policy for one person to retain both

 One is subordinate to te other and is subject in some degree to its supervisory power for obviously in such a situation, the design that one acts as a check on the other would be frustrated

 The Constitution of the law itself declares the incompatibility even though there is no inconsistency in the nature and functions of the offices .

VI. Abandonment of office

Abandonment means the voluntary relinquishment of an office by the holder of all right, title, or claim thereto with the intention of not reclaiming it or terminating his possession and control thereof.

VII. Prescription of right to office

 Under the Rules of Court, quo warranto is the proper remedy against a public officer for is ouster from office which should be commenced within one year after the cause of such ouster or the right of the plaintiff to hold such office or position arose; otherwise, the action will be barred

 Rationale for the one year period: Title to public office should not be subjected to uncertainties but should be determined as speedily as possible.

VIII. Removal

 Removal entails the ouster of an incumbent before the expiration of his term. It implies that the office exists after the ouster.

 Removal from office may be express or implied.

IX. Impeachment

 Impeachment has been defined as a method of national inquest into the conduct of public men.

 Its purpose is to protect the people from official delinquencies or malfeasances. It is primarily intended for the protection of the State, not for the punishment of the offender.

 The President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachment. (Sec. 2, Art. XI, Constitution)

 The House of Representatives has the sole power to initiate all cases of impeachment while the Senate sits as a court for the trial of impeachment cases. Judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold any office under the Republic of the Philippines, but the party convicted shall nevertheless be liable and subject to prosecution, trial, and punishment, according to law. (Sec. 3, Art. XI, Constitution)

X. Abolition of office

 To consider an office abolished, there must have been an intention to do away with it wholly and permanently.

 As a general rule, Congress may abolish any office it creates without infringing upon the rights of the officer or employee affected. Such power may be exercised at any time and even while the office is occupied by a duly elected or appointed incumbent. Absent any constitutional prohibition, an office created by Congress may be abolished by it during the term of the incumbent.

 The fundamental principle afforded to civil service employees against removal ―except for cause as provided by law‖ does not protect them against abolition of the positions held by them in the absence of any other provision expressly or impliedly prohibiting abolition thereof. [Castillo v. Pajo, (1958)]

XI. Conviction of a crime

 When the penalties of perpetual or temporary absolute disqualification or penalties of perpetual or temporary special disqualification are imposed upon conviction of a crime, termination of official relation results, for one of te effects of the imposition of said penalties is the deprivation of the public office which the offender may have held.

14

2

 Conviction means conviction in a trial court. It contemplates a court finding guilt beyond reasonable doubt followed by a judgment upholding and implementing such finding.

XII. Recall

Through recall, an elective official may be removed at any time during his term by the vote of the people at an election called for such purpose or at a general election.

In document Constitutional Law 2 (Page 74-76)