February 16, 1998
DAR OPINION NO. 25-98
Mr. Mansueto G. Damole
ARBA President
Cogon, Digos
Davao del Sur
Dear Mr. Damole:
This refers to your letter inquiring whether or not members of the PARCOM are considered public officers and therefore deemed resigned from their position upon filing of their certificates of candidacy.
Please be clarified at the outset that pursuant to Section 44 of Republic Act No. 6657 in relation to DAR Administrative Order No. 7 Series of 1994, the same provides that in order to ensure the successful implementation of the CARP, there shall be organized at the provincial level a Provincial Agrarian Reform Committee (PARCCOM) with the following composition, to wit:
The PARCCOM shall be composed of thirteen (13) members as follows:
1) Chairman
To be appointed by the President of the Philippines upon recommendation of the PARC Excom.
2) Members
a) Provincial Agrarian Reform Officer (PARO) who acts as executive officer of the PARCCOM.
b) Provincial Agricultural Officer (PAO), to represent the Department of Agriculture (DA)
c) Provincial Environmental and Natural Resources Officer (PENRO), to: represent the Department of Environment and Natural Resources (DENR)
d) Land Bank of the Philippines (LBP) representative to be designated, by the LBP Regional Officer
3) Elective Members
a) One (1) representative of farmer's organization in the province
b) One (1) representative of agricultural cooperatives
c) One (1) representative of non-governmental organizations (NGOs)
d) Two (2) representatives of landowners, at least one of whom shall be a producer representing the principal crop in the province
e) Two (2) representatives of farmers and farmworkers beneficiaries, one of whom shall be a farmer or farmworker representing the principal crop in the province
f) One (1) representative of cultural communities (if applicable) duly certified by the Office of the Northern Cultural Communities (NCC), Southern Cultural Communities (SCC) or Office of the Muslim Affairs (OMA), as the case may be, as having been duly nominated by the concerned cultural communities.
From the above-quoted provisions, it is clear that membership in the PARCCOM is composed of three (3) categories, to wit: 1) Chairperson to be appointed by the President of the Philippines, 2) Members; and 3) Elective Members.
However, before resolving the issue, we have to define first who are public officers as provided for in Art. 203 of the Revised Penal Code, to wit:
"Art. 203. Who are public officers. — For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the government of the Philippine Islands, or shall perform in said government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class shall deemed to be a public officer."
Thus, to be a public officer, one must be: 1) taking part in the performance of public functions in the government, or Performing in said government or any of its branches public duties as an employee, agent or subordinate official of any rank or class; and 2) his authority to take part in the performance of public function or to perform public duties must be: a) by direct provisions of law; b) by popular election; or c) by appointment by competent authority (ALFREDO L. AZARCON vs. SANDIGANBAYAN, et al., G.R. No. 116033, February 26, 1997).
From the above-quoted provisions of law and Supreme Court Ruling, we can now deduce who among the members of the PARCCOM are considered public officers. As to the Chairman of the PARCCOM, since the power to appoint is vested in the President, the fact that he is appointed by the President who is a competent authority makes him a public officer. As to the other members of the PARCCOM, the above-quoted provision of law and Supreme Court Ruling will likewise apply to them considering that as members, they are occupying other positions in the government by virtue of a valid appointment, thereby making them public officers as well.
However, with respect to the last category of members of the PARCCOM which are the "Elective Members", they are not considered public officers. The term ELECTION as used in Art. 203 of the Revised Penal Code shall mean popular election or election by the voters at large. Since the elected members being referred hereto are not elected by direct vote of the People at large, they cannot be deemed as public officers as defined and contemplated in the above-cited Provision of law and Supreme Court Ruling. Accordingly, said elective members of the PARCCOM who filed their candidacy in the recently concluded Election are not considered ipso-facto resigned from office upon-filing of their certificates of candidacy.
It bears noting however that being a Chairman of the PARCCOM, you are considered a public officer, for you are appointed by the President to whom the power to appoint has been vested. Such being the case, Section 26 of Republic Act No. 980, otherwise known as the Revised Election Code, shall be made to apply in the instant query, to wit:
Sec. 26. Every person holding a public appointive office or Position ipso facto ceases in his office or position on the date he files his certificate of candidacy.
The law is quite clear and explicit and makes no distinction as to whether or not said certificate of candidacy has been withdrawn subsequently. The mere filing of maid certificate would constitute and result in the cessation from office of the said appointed public official.
Thank you for communicating with us and we hope to have enlightened you on the matter.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Prof. Jose. T. Domingo
Director, PARC Secretariat
DAR, Diliman, Quezon City
The Provincial Agrarian Reform Officer
DAR — Provincial Office
Bonifacio Extension
Digos, Davao del Sur