Monday, September 23, 2013

Limitation on Appointments

     No elective or appointive local official shall be eligible for appointment or designation in any capacity to any public office or position during his tenure. Unless otherwise allowed by law or by the primary functions of his position, no elective or appointive local official shall hold any other office or employment in the government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. (Sec. 94, LGC)

     The Supreme Court in the 1993 Gordon case, ruled that the primary reason the Constitution prohibits appointment of elective officials and other government officials to other posts is to stop the concentration of several public positions in one person so that a public officer or employee may serve full-time with dedication and thus be efficient in the delivery of public services. In the case of elective officials, the prohibitions against their appointments to other posts is to prevent a situation where a local elective official will work for his appointment in an executive position in government, and thus neglect his constituents.

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