Public Office

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.

Essential elements

1.    Created by Constitution or by law or by some body or agency to which the power to create the office has been delegated (enabling law)

2.    Invested with authority to exercise some portion of the sovereign power of the State

3.    Powers/Functions defined by the enabling law

4.    Duties are performed independently without control unless those of an inferior

5.    Continuing / permanent in nature

Distinctions between Public Official and Public Officer and Employee

Public Official is an officer of the Government itself, as distinguished from the officers and employees of instrumentalities of government.

Officer is distinguished from an employee in the greater importance, dignity and independence of his position, being required to take an official oath, and perhaps give an official bond and in the liability to be called to account as a public offender for misfeasance or nonfeasance in office.

Eligibility for Public Office

Eligibility is the state or quality of being legally fitted or qualified to be chosen. Qualification 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 some cases, the giving of an official bond.