Disqualifications to hold public office
Office newly created or the emoluments of which Senators and members of the House of
have been increased
Being an elective official
Having been a candidate for any elective position
Representatives are prohibited from being appointed
to any office which may have been created or the
emoluments thereof increased during the term for
which they were elected. (Constitution, Article VI,
Section 13)
Note: Emolument does not refer to the fixed
salary alone but includes such fees and
compensations which the incumbent is entitled to
receive by law.
No elective official shall be eligible for
appointment or designation in any capacity to any
public office or position during his tenure.
(Constitution, Article IX-B, Section 7)
Note: Elective official must forfeit his seat if he
decides to accept appointment in another public
office or position during his term.
No candidate who has lost in any election, shall
within one year after such election, be appointed to
any office in the Government or any government-
owned or controlled corporations or in any of its
subsidiaries. (Constitution, Article IX-B, Section 6)
Members of the Civil Service Commission,
Commission on Elections, and Commission on
Audit are also prohibited by the Constitution to
become candidates for any elective position in the
elections immediately preceding their appointment.
(Constitution, Article IX-B, Section 1(1); Article IX-
C, Section 1(1), Article IX-D, Section 1(1))
Under the Local Government Code The following are disqualified from running for any
elective local position:
1. Those sentenced by final judgment
for an offense involving moral turpitude or for an
offense punishable by 1 year or more of
imprisonment, within 2 years after serving sentence;
2. Those removed from office as a
result of an administrative case;
3. Those convicted by final judgment
for violating the oath of allegiance to the Republic;
4. Those with dual citizenship;
5. Fugitive from justice in criminal or
non-political cases here or abroad;
6. Permanent residents in a foreign
country or those who have acquired
the right to reside abroad and continue to avail of
the same right after
the effectivity of this Code; and

7. Insane or feeble-minded.
b. With respect to the appointment of elective and
appointive local officials and candidates who lost in
an election, the Code provides that they cannot,
within 1 year after such election, be appointed to
any office in the government or government-owned
or controlled corporations or in any of its
subsidiaries (except losing candidates in barangay
elections).