1. That the offender is a public officer;
2. That he nominates or appoints a person to a public office;
3. That such person lacks the legal qualification therefor; and
4. That the offender knows that his nominee or appointee lacks
the qualification at the time he made the nomination or
Recommending, knowing that the person recommended is not
qualified, is not a crime.
There must be a law providing for the qualifications of a
person to be nominated or appointed to a public office.
This can also be covered by RA 3019.