ADMINISTRATIVE LAW

- Branch of public law that fixes the

organization of the government and
determines competence of authorities
who execute the law and indicates to
the individual remedies for the violations
of his rights.
I. ADMINISTRATIVE BODIES OR
AGENCIES
- A body, other than the courts and
the legislature, endowed with quasi-
legislative and quasi-judicial powers for
the purpose of enabling it to carry out
laws entrusted to it for enforcement or
execution.
How Created:
1. by constitutional provision
2. by legislative enactment and
3. by authority of law.
II. POWERS OF ADMINISTRATIVE
BODIES!
1."uasi-legislative or rule-ma#ing
power
2."uasi-judicial or adjudicatory power
and
3.$eterminative powers.
A. QUASILEGISLATIVE OR RULE
MA!ING POWER
%n exercise of delegated legislative
power, involving no discretion as to
what law shall be, but merely
authority to fix details in execution
or enforcement of a policy set out in
law itself.
!"#d$:
1. &egislative regulation
a. 'upplementary or detailed
legislation, e.g. (ules and
(egulations %mplementing
the &abor )ode
b. )ontingent regulation
2. %nterpretative legislation, e.g.
B%( )irculars
Re%&"$"te$ 'or (a)"d e*er+"$e:
1. %ssued under authority of law
2. *ithin the scope and purview of the
law
3. +romulgated in accordance with the
prescribed procedure!
a. notice and hearing , generally,
not required only when!
i. the legislature itself requires
it and mandates that the
regulation shall be based on
certain facts as determined
at an appropriate
investigation
ii. the regulation is a
settlement of a controversy
between specific parties
considered as an
administrative adjudication
-)ruz, Philippine
Administrative Law, p../ -
.01 or
iii. the administrative rule is in
the nature of subordinate
legislation designed to
implement a law by
providing its details -CIR v.
Court of Appeals, /23 ')(A
/021.
b. publication
.. (easonable
Re%&"$"te$ 'or Va)"d"t, o'
Ad-"#"$trat"(e R&)e$ W"t. Pe#a)
Sa#+t"o#$:
3. law itself must declare as punishable
the violation of administrative rule
or regulation
/. law should define or fix penalty
therefor and
0. rule4regulation must be published.
Do+tr"#e o' S&/ord"#ate Le0"$)at"o# 1
power of administrative agency to
promulgate rules and regulations on
matters of their own specialization.
Do+tr"#e o' Le0"$)at"(e A22ro(a) /, Re
e#a+t-e#t the rules and regulations
promulgated by the proper
administrative agency implementing the
law are deemed confirmed and approved
by the &egislature when said law was re-
enacted by later legislation or through
codification. 5he &egislature is presumed
to have full #nowledge of the contents of
the regulations then at the time of re-
enactment.
QUASI
LEGISLATIVE
FUNCTIONS
QUASI
3UDICIAL
FUNCTIONS
3. consists of
issuance of rules
and regulations
3. refers to its end
product called
order, reward
or decision
/. general
applicability
/. applies to a
specific
situation
0. prospective it
envisages the
promulgation of
a rule or
regulation
generally
applicable in the
future
0. present
determination
of rights,
privileges or
duties as of
previous or
present time or
occurrence
B. QUASI3UDICIAL OR AD3UDICATOR4
POWER
+roceedings parta#e of nature of
judicial proceedings.
Administrative body granted
authority to promulgate its own
rules of procedure.
Two #e+e$$ar, +o#d"t"o#$:
1. due process and
2. jurisdiction
I#+)&de$ t.e 'o))ow"#0 2ower$:
3. +rescribe rules of procedure
/. 'ubpoena power
0. )ontempt +ower
Ad-"#"$trat"(e D&e Pro+e$$:
1. right to a hearing
2. tribunal must consider evidence
presented
3. decision must have something to
support itself
4. evidence must be substantial
5. decision must be based on evidence
adduced at hearing or at least
contained in the record and
disclosed to parties
6. board of judges must act on its
independent consideration of facts
and law of the case, and not simply
accept view of subordinate in
arriving at a decision and
7. decision must be rendered in such a
manner that parties to controversy
can #now various issues involved and
reason for decision rendered.-Ang
Tibay vs CIR, 26 +hil 2071
S&/$ta#t"a) E("de#+e 1 relevant
evidence as a reasonable mind might
accept as adequate to support a
conclusion.
Ad-"#"$trat"(e Deter-"#at"o#$ W.ere
Not"+e a#d Hear"#0 Not Ne+e$$ar,:
1. summary proceedings of distraint
and levy upon property of delinquent
taxpayer
2. grant of provisional authority for
increase of rates, or to engage in
particular line of business
3. cancellation of passport where no
abuse of discretion is committed
4. summary abatement of nuisance per
se which affects safety of persons or
property
5. preventive suspension of officer or
employee pending investigation and
6. grant or revocation of licenses for
permits to operate certain
businesses affecting public order or
morals.
Ad-"#"$trat"(e A22ea) or Re("ew
1. *here provided by law, appeal from
administrative determination may be
made to higher or superior
administrative officer or body.
2. By virtue of power of control of
+resident, +resident himself or
through $epartment 8ead may
affirm, modify, alter, or reverse
administrative decision of
subordinate.
3. Appellate administrative agency may
conduct additional hearing in
appealed case, if deemed necessary.
Re$ 5&d"+ata e''e+t o' Ad-"#"$tr"t(e
De+"$"o#$
- has the force and binding effect of a
final judgment -note! applies only to
judicial and quasi judicial proceedings
not to exercise of administrative
functions, Brillantes vs. Castro 66 +hil.
.691
C. DETERMINATIVE POWERS
3. enabling , permit the doing of an act
which the law underta#es to
regulate
/. directing , order the doing or
performance of particular acts to
ensure compliance with the law and
are often exercised for corrective
purposes
0. dispensing , to relax the general
operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty
.. eamining - also called investigatory
power
7. summary , power to apply
compulsion or force against persons
or property to effectuate a legal
purpose without judicial warrants to
authorize such actions.
III. E6HAUSTION OF
ADMINISTRATIVE REMEDIES
*henever there is an available
administrative remedy provided
by law, no judicial recourse can
be made until all such remedies
have been availed of and
exhausted.
1. Do+tr"#e o' Pr"or Re$ort or
7Do+tr"#e o' Pr"-ar, Ad-"#"$trat"(e
3&r"$d"+t"o#8 , where there is
competence or jurisdiction vested
upon administrative body to act
upon a matter, no resort to courts
may be made before such
administrative body shall have acted
upon the matter.
1. Do+tr"#e o' F"#a)"t, o'
Ad-"#"$trat"(e A+t"o# , no resort to
courts will be allowed unless
administrative action has been
completed and there is nothing left
to be done in administrative
structure.
2. 3&d"+"a) Re)"e' 'ro- T.reate#ed
Ad-"#"$trat"(e A+t"o# , courts will
not render a decree in advance of
administrative action and thereby
render such action nugatory. %t is not
for the court to stop an
administrative officer from
performing his statutory duty for
fear he will perform it wrongly.
E''e+t o' Fa")&re to E*.a&$t
Ad-"#"$trat"(e Re-ed"e$: as a general
rule, jurisdiction of the court is not
affected but the complaint is vulnerable
to dismissal due to lac# of cause of
action.
E*+e2t"o#$ to t.e Do+tr"#e:
1. doctrine of qualified political agency
-when the respondent is a
department secretary whose acts as
an alter ego of the +resident bears
the implied and assumed approval of
the latter1 except where law
expressly provides exhaustion
2. administrative remedy is fruitless
3. where there is estoppel on part of
administrative agency
4. issue involved is purely legal
5. administrative action is patently
illegal, amounting to lac# or excess
of jurisdiction
6. where there is unreasonable delay or
official inaction
7. where there is irreparable injury or
threat thereof, unless judicial
recourse is immediately made
8. in land case, subject matter is
private land
9. where law does not ma#e exhaustion
a condition precedent to judicial
recourse
10. where observance of the doctrine
will result in nullification of claim
11. where there are special reasons or
circumstances demanding immediate
court action and
12. when due process of law is clearly
violated.
IV. 3UDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS
W.e# -ade:
3. to determine constitutionality or
validity of any treaty, law,
ordinance, executive order, or
regulation
/. to determine jurisdiction of any
administrative board, commission
or officer
0. to determine any other questions
of law and
.. to determine questions of facts
when necessary to determine
either!
a. constitutional or jurisdictional
issue
b. commission of abuse of
authority and
c. when administrative fact
finding body is unduly
restricted by an error of law.
Mode$ o' re("ew:
3. 'tatutory
/. :on-statutory , inherent power of
the court to review such
proceedings upon questions of
jurisdiction and questions of law
0. $irect proceeding
.. )ollateral attac#.
Ge#era) R&)e: ;indings of facts of
Administrative Agencies accorded great
weight by the )ourts.
E*+e2t"o#$ to t.e R&)e:
1. factual findings not supported by
evidence
2. findings are vitiated by fraud,
imposition or collusion
3. procedure which led to factual
findings is irregular
4. palpable errors are committed and
5. grave abuse of discretion,
arbitrariness or capriciousness is
manifest.
Bra#de"$ Do+tr"#e o'
A$$"-")at"o# o' Fa+t$ 1 one
purports to be finding of fact but
is so involved with and
dependent upon a question of
latter,courts will review the
entire case including the latter.
law as to be in substance and
effect a decision on the .
San Beda College of Law
5
MEMORY AID IN POLITICAL LAW
LAW ON PUBLIC OFFICERS
I.PUBLIC OFFICE
- right, authority and duty created and
conferred by law, by which for a
given period, either fixed by law or
enduring at pleasure of creating
power, and individual is vested with
some sovereign functions of
government to be exercised by him
for the benefit of the public.
!"ernande# vs $to Tomas% /0. ')(A
7.2&
E)e-e#t$ o' P&/)"+ O''"+e: 7LSDIP8
3. created by )aw or ordinance
authorized by law
/. possess $overeign functions of
government to be exercised for
public interests
0. functions defined expressly or
impliedly by law
.. functions exercised by an officer
directly under control of law, not
under that of a superior officer
unless they are functioned conferred
by law upon inferior officers, who by
law, are under control of a superior
-duties performed "ndependently1
and
7. with 2ermanency or continuity, not
temporary or occasional.
C.ara+ter"$t"+$:
-+ublic office is a public trust.
-+ublic office is not property and is
outside the commerce of man. %t cannot
be subject of a contract. !Cru#% Law on
Public 'fficers% p.(&
II. PUBLIC OFFICERS
- individuals vested with public office
C)a$$"'"+at"o# o' P&/)"+ O''"+er$:
3. <xecutive, legislative and judicial
officers
/. $iscretionary or ministerial officers
0. )ivil or military officers
.. =fficers de jure or de facto and
7. :ational, provincial or municipal
officials
E)"0"/")"t, a#d %&a)"'"+at"o#:
two senses!
1. may refer to endowments%
)ualities or attributes which
ma#e an individual eligible for
public office
2. may refer to the act of entering
into performance of functions of
public office.
A&t.or"t, to 2re$+r"/e %&a)"'"+at"o#:
1. when prescribed by )onstitution,
ordinarily eclusive, the legislature
may not increase or reduce
qualifications except when
)onstitution itself provides
otherwise as when only minimum or
no qualifications are prescribed- ex!
Art >%%% 'ec 39 -/1, Art ?%%% 'ec 9 -/1
)onsti1
2. when office created by statute,
)ongress has generally plenary
power to prescribe qualification but
such must be!
a. germane to purpose of office
and
b. not too specific so as to refer to
only one individual.
III. DE FACTO OFFICERS
- one who has reputation of being an
officer that he assumes to be, and
yet is not an officer in point of law.
- a person is a de facto officer where
the duties of the office are exercised
under any of the following
circumstances!
3. *ithout a #nown appointment or
election, but under such
circumstances of reputation or
acquiescence as were calculated
to induce people, without
inquiry, to submit to or invo#e
his action, supposing him to the
be the officer he assumed to be
or
/. @nder color of a #nown and valid
appointment or election, but
where the officer has failed to
conform to some precedent
requirement or condition -e.g.,
ta#ing an oath or giving a bond1
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
6
MEMORY AID IN POLITICAL LAW
0. @nder color of a #nown election
or appointment, void because!
a. the officer was not eligible
b. there was a want of power in
the electing or appointing
body
c. there was a defect or
irregularity in its exercise
such ineligibility, want of
power, or defect being
un#nown to the public.
.. @nder color of an election or an
appointment by or pursuant to a
public, unconstitutional law,
before the same is adjudged to
be such.
*ote+ ,ere% what is unconstitutional is
not the act creating the office% but the
act by which the officer is appointed to
an office legally eisting. !*orton v.
County of $helby&
Re%&"$"te$:
3. valid existing office
/. actual physical possession of said
office
0. color of title to office
.. by reputation or acquiescence
7. #nown or valid appointment or
election but officer failed to
conform with legal requirements
2. #nown appointment or election but
void because of ineligibility of
officer or want of authority of
appointing or electing authority or
irregularity in appointment or
election not #nown to public and
9. #nown appointment or election
pursuant to unconstitutional law
before declaration of
unconstitutionality.
DE 3URE
OFFICER
DE FACTO
OFFICER
3. rests on the
right
3. on reputation
/. has lawful or
title to the
office
/. has possession
and performs the
duties under
color of right
without being
technically
qualified in all
points of law to
act
0. cannot be
removed in a
direct
proceeding
0. may be ousted in
a direct
proceeding
against him.
DE FACTO
OFFICER
INTRUDER
3. officer under
any of the .
circumstances
mentioned
3. one who ta#es
possession of an
office and
underta#es to
act officially
without any
authority, either
actual or
apparent
/. has color of
right or title to
office
/. has neither
lawful title nor
color of right or
title to office
0. acts are valid as
to the public
until such time
as his title to
the office is
adjudged
insufficient
0. acts are
absolutely void
and can be
impeached in
any proceeding
at any time
unless and until
he continues to
act for so long a
time as to afford
a presumption of
his right to act
.. entitled to
compensation
for services
rendered
.. not entitled to
compensation
Le0a) E''e+t$ o' A+t$
- valid insofar as they affect the
public
E#t"t)e-e#t to Sa)ar"e$
Ge#era) R&)e! rightful incumbent may
recover from de facto officer salary
received by latter during time of
wrongful tenure even though latter
is in good faith and under color of
title.!-onroy v. CA% /A ')(A 2/A&
E*+e2t"o#: when there is no de .ure
public officer, de facto officer
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
7
MEMORY AID IN POLITICAL LAW
entitled to salaries for period when
he actually discharged functions.
-Civil Liberties /nion v. 0ec. $ec.%
36. ')(A 0391
C.a))e#0e to a De Fa+to O''"+er: must be
in a direct proceeding where the title
will be the principal issue
IV. COMMENCEMENT OF OFFICIAL
RELATIONS:
3. by appointment or
/. by election
A22o"#t-e#t 1 selection, by authority
vested with power, of individual who is
to perform functions of a given office.
<ssentially a discretionary power
and must be performed by the
officer in which it is vested
according to his best lights, the
only condition being that the
appointee should possess the
minimum )ualification
re)uirements prescribed by law
for the position -:achura,
Reviewer in Political Law, p.
0A71
Co--"$$"o# , written evidence of
appointment.
De$"0#at"o# , imposition of
additional duties, usually by law, on
a person already in public office.
C)a$$"'"+at"o# o' A22o"#t-e#t$:
3. Permanent , extended to person
possessing requisite
qualification for the position and
thus enjoys security of tenure
/. Temporary , acting
appointment, given to a non-civil
service eligible is without a
definite tenure and is dependent
upon the pleasure of the
appointing power
0. Provisional1 is one which may
be issued upon prior
authorization of the
)ommissioner of )ivil service in
accordance with the provisions
of the )ivil 'ervice &aw and the
rule and standards to a person
who has no t qualified in an
appropriate examination but who
otherwise meets the
requirements for appointment to
a regular position in the
competitive service, whenever a
vacancy occurs and the filling
thereof is necessary in the
interest of the service and there
is no appropriate register of
those who are eligible at the
time of appointment
.. Regular , made by +resident
while )ongress is in session and
becomes effective after
nomination is confirmed by the
)ommission on Appointments
and continues until the end of
term and
7. Ad-interim ,
a. Recess 11 made while
)ongress is not in session,
before confirmation, is
immediately effective, and
ceases to be valid if
disapproved or bypassed by
)A upon next adjournment
of )ongress
b. -idnight , made by the
+resident before his term
expires, whether or not this
is confirmed by the
)ommission on
Appointments.
Re0&)ar
a22o"#t-e#t
Ad "#ter"-
a22o"#t-e#t
Bade during the
legislative
session
Bade during the
recess
Bade only after
the nomination
is confirmed by
the )ommission
on Appointments
-)A1
Bade before
such
confirmation
=nce confirmed
by the )A
continues until t
he end of the
term of the
appointee
'hall cease to be
valid if
disapproved by
the )A or upon
the next
adjournment
Ne2ot"$- , all appointments in the
national, provincial, city and
municipal governments or in any
branch or instrumentality thereof,
including C=)), made in favor of a
relative of the -31 appointing or -/1
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
8
MEMORY AID IN POLITICAL LAW
recommending authority or of the -01
chief of the bureau or office or of
the -.1 persons exercising immediate
supervision over him. A relative is
one within the 0
rd
degree either of
consanguinity or affinity
Va+a#+, , when an office is empty
and without a legally qualified
incumbent appointed or elected to it
with a lawful right to exercise its
powers and performs its duties.
C)a$$"'"+at"o#$ o' (a+a#+,:
1. original , when an office is
created and no one has been
appointed to fill it
2. constructive , when the
incumbent has no legal right
or claim to continue in office
and can be legally replaced
by another functionary
3. accidental , when the
incumbent having died,
resigned, or been removed
4. absolute , when the term of
an incumbent having expired
and the latter not having
held over, no successor is in
being who is legally qualified
to assume the office.
V. POWERS AND DUTIES OF A
PUBLIC OFFICER:
3. Ministerial , discharge is imperative
and requires neither judgment nor
discretion, mandamus will lie and
/. Discretionary , imposed by law
wherein officer has right to decide
how and when duty shall be
performed, mandamus will not lie.
II. LIABILIT4 OF PUBLIC OFFICER
Ge#era) R&)e: not liable for injuries
sustained by another as a consequence
of official acts done within the scope of
his authority, except as otherwise
provided by law.
A +ublic =fficer shall not be civilly
liable for acts done in the
performance of his duties
E*+e2t"o#$:
1. statutory liability under the )ivil
)ode -Arts. /9, 0/ and 0.1
2. *hen there is a clear showing of bad
faith, malice or negligence
-Administrative )ode of 36D91
3. liability on contracts and
4. liability on tort .
T.ree'o)d L"a/")"t, R&)e 1 wrongful
acts or omissions of public officers
may give rise to civil% criminal, and
administrative liability. -CAC
liability rule1
L"a/")"t, o' M"#"$ter"a) O''"+er$:
3. Nonfeasance , neglect or refusal to
perform an act which is officerEs
legal obligation to perform
/. Misfeasance , failure to use that
degree of care, s#ill and diligence
required in the performance of
official duty and
0. Malfeasance , doing, through
ignorance, inattention or malice, of
an act which he had no legal right to
perform.
Do+tr"#e o' Co--a#d Re$2o#$"/")"t,
A superior officer is liable for acts of
a subordinate when! 7ERCAL8
1. he negligently or willfully employs or
retains unfit or incompetent
subordinates
2. he negligently or willfully fails to
require subordinate to conform to
prescribed regulations
3. he negligently or +arelessly oversees
business of office as to furnish
subordinate an opportunity for
default
4. he directed or authorized or
cooperated in the wrong or
5. )aw expressly ma#es him liable.
@nder the (evised Admin. )ode of
36D9, A 'uperior =fficer shall be
liable for acts of subordinate officers
only if he has actually authorized be
written order the specific act or
misconduct complained.
'ubordinate officers are also liable
for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
policy and good customs
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
9
MEMORY AID IN POLITICAL LAW
Pre(e#t"(e S&$2e#$"o#
- a precautionary measure so
that an employee who is formally
charged of an offense may be separated
from the scene of his alleged
misfeasance while the same is being
investigated -Bautista v. Peralta, 3D
')(A //01
- need not be preceded by prior
notice and hearing since it is not a
penalty but only a preliminary step in an
administrative investigation -Lastimosa
v. 2as)ue#, /.0 ')(A .691
- the period of preventive suspension
cannot be deducted from whatever
penalty may be imposed upon the erring
officer -C$C Resolution *o. 34154661
PENDING
INVESTIGATION
9Se+.:;< E.O.=>=?
PENDING
APPEAL
9Se+.=@7A8< E.O.
=>=?
1. not a penalty
but only a means
of enabling the
disciplinary
authority to
conduct an
unhampered
investigation.
1. +unitive in
character
2. no compensation
due for the
period of
suspension even
if found innocent
of the charges.
2. %f exonerated,
he should be
reinstated with
full pay for the
period of
suspension.
R&)e$ o# Pre(e#t"(e S&$2e#$"o#:
;. A22o"#t"(e O''"+"a)$
*ot a Presidential Appointee -'ecs. .3-
./, +.$. DA91!
a. by whom , the proper
disciplining authority may
preventively suspend
b. against whom , any subordinate
officer or employee under such
authority
c. when , pending an investigation
d. grounds , if the charge against
such officer or employee
involves!
i. dishonesty
ii. oppression or grave
misconduct
iii. neglect in the performance
of duty or
iv. if there are reasons to
believe that respondent is
guilty of the charges which
would warrant his removal
from the service
e. duration , the administrative
investigation must be terminated
within 6A days otherwise, the
respondent shall be
automatically reinstated unless
the delay in the disposition of
the case is due to the fault,
negligence or petition of the
respondent, in which case the
period of delay shall not be
counted in computing the period
of suspension.
A Presidential Appointee+
a. can only be investigated and
removed from office after due
notice and hearing by the
+resident of the +hilippines
under the principle that Fthe
power to remove is inherent in
the power to appointG as can be
implied from 'ec. 7, (.A.//2A
-2illalu# v. 7aldivar, 37 ')(A
93A1.
b. the Presidential Commission
Against 8raft and Corruption
-+)AC)1 shall have the power to
investigate administrative
complaints against presidential
appointees in the executive
department of the government,
including C=))s charged with
graft and corruption involving
one or a combination of the
following criteria!
i. presidential appointees with
the ran# equivalent to or
higher than an Assistant
(egional $irector
ii. amount involved is at least
+3AB
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
10
MEMORY AID IN POLITICAL LAW
iii. those which threaten
grievous harm or injury to
the national interest and
iv. those which may be assigned
to it by the +resident -0.'.
*o. 5(5 and 5(51A1.
/. E)e+t"(e O''"+"a)$: -$ec 69% R.A.
:5641
a. by whom ; against whom
i. +resident , elective official
of a province, a highly
urbanized or an independent
component city
ii. Covernor , elective official
of a component city or
municipality
iii. Bayor , elective official of a
barangay
b. when , at any time after the
issues are joined
c. grounds!
i. reasonable ground to believe
that the respondent has
committed the act or acts
complained of
ii. evidence of culpability is
strong
iii. gravity of the offense so
warrants
iv. continuance in office of the
respondent could influence
the witnesses or pose a
threat to the safety and
integrity of the records and
other evidence
d. duration!
i. single administrative case ,
not to extend beyond 2A
days
ii. several administrative cases
, not more than 6A days
within a single year on the
same ground or grounds
existing and #nown at the
time of the first suspension
- 'ection /. of the =mbudsman
Act -(.A. 299A1 expressly provide
that Fthe preventive suspension
shall continue until the case is
terminated by the =ffice of the
=mbudsman but not more than 6
months without pay.G 5he
preventive suspension for 2
months without pay is thus
according to law -Lastimosa v.
2as)ue#, /.0 ')(A .691
- (.A. 0A36 ma#es it mandatory for
the 'andiganbayan to suspend, for
a maximum period of 34 days
unless the case is decided within a
shorter period, any public officer
against whom a valid information
is filed charging violation of!
3. (.A. 0A36
/. Boo# %%, 5itle 9, (evised +enal
)ode or
0. offense involving fraud upon
government or public funds or
property -)ruz, The Law of
Public 'fficers, pp. D2-D91
VII. RIGHTS OF PUBLIC OFFICERS:
3. Right to 'ffice , just and legal claim
to exercise powers and
responsibilities of the public
office.
Term , period during which
officer may claim to hold
office as a right.
Tenure , period during which
officer actually holds office.
<. Right to $alary
Ba$"$! legal title to office and
the fact the law attaches
compensation to the office.
Sa)ar, , compensation provided
to be paid to public officer
for his services.
Pre(e#t"(e S&$2e#$"o# , public
officer not entitled during the
period of preventive suspension,
but upon exoneration and
reinstatement he must be paid
full salaries and emoluments
during such period.
Ba+B $a)ar"e$ are also payable to
an officer illegally dismissed or
otherwise unjustly deprived of
his office the right to recover
accruing from the date of
deprivation. 5he claim for bac#
salaries must be coupled with a
claim for reinstatement and
subject to the prescriptive
period of one -31 year. !Cru#%
Law on Public 'fficers% p5<61
5<6&
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
11
MEMORY AID IN POLITICAL LAW
For-$ o' Co-2e#$at"o#:
a. salary , personal
compensation to be paid to
public officer for his services
and it is generally a fixed
annual or periodical payment
depending on the time and
not on the amount of the
service he may render
b. per diem , allowance for
days actually spent in the
performance of official
duties
c. honorarium , something
given as not as a matter of
obligation, but in
appreciation for services
rendered
d. fee , payment for services
rendered or on commission
on moneys officially passing
through their hands and
e. emoluments , profits arising
from the office, received as
compensation for services or
which is annexed to the
office as salary, fees, or
perquisites.
0. Right to Preference in Promotion
Pro-ot"o# , movement from one
position to another with increase
in duties and responsibilities as
authorized by law and usually
accompanied by an increase in
pay.
Ne*t"#Ra#B R&)e , the person
next in ran# shall be given
preference in promotion when the
position immediately above his is
vacated. But the appointing
authority still exercises his
discretion and is not bound by this
rule.
Appointing officer is only
required to give special
reasons for not appointing
officer next in ran# if he fills
vacancy by promotion in
disregard of the next in ran#
rule. -Pineda vs. Claudio% /D
')(A 0.&
A&to-at"+ Re(er$"o# R&)e , all
appointments involved in chain of
promotions must be submitted
simultaneously for approval by
the )ommission, the disapproval
of the appointment of a person
proposed to a higher position
invalidates the promotion of
those in the lower positions and
automatically restores them to
their former positions.
=. Right to vacation leave and sic>
leave with pay?
(. Right to maternity leave?
6. Right to pension and gratuity?
Pe#$"o# , regular allowance paid
to an individual or a group of
individuals by the government in
consideration of services
rendered or in recognition of
merit, civil or military.
Grat&"t, , a donation and an act
of pure liberality on the part of
the 'tate.
:. Right to retirement pay?
@. Right to reimbursement for
epenses incurred in performance of
duty?
3. Right to be indemnified against any
liability which they may incur in
bona fide discharge of duties? and
54. Right to longevity pay.
55. Right to $elf1'rgani#ation
Art %%%, 'ec D 36D9)onsti. :ote! )ivil
servants are now given the right to self
organize but they may not stage stri#es
-see! ''' <mployees Assoc. vs. )A, 397
')(A 2D21
VIII. MODES OF TERMINATION
OFFICIAL RELATIONSHIP:
7TRCACP DIFC=IT8
3. expiration of term or tenure
/. reaching the age limit
0. resignation
.. recall
7. removal
2. abandonment
9. acceptance of "ncompatible office
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
12
MEMORY AID IN POLITICAL LAW
D. abolition of office
6. 2rescription of right to office -within
one year after the cause of ouster or
the right to hold such office or
position arose1
3A. "mpeachment
33. death
3/. 'ailure to assume elective office
within 2 months from proclamation
30. +onviction of a crime and
3.. filing of certificate of +andidacy.
*hen public officer holds office at
pleasure of appointing power, his
replacement amounts to expiration
of his term, not removal.!Ala.ar vs
Alba% 3AA +hil 2D0&
Pr"#+"2)e o' Ho)dO(er 1 if no express or
implied )onstitutional or statutory
provision to the contrary, public officer
is entitled to hold office until successor
has been chosen and shall have
qualified.
P&r2o$e: to prevent hiatus in public
office. -But subject to Art. /09 of
(+)1
Ret"re-e#t:
Bembers of Hudiciary ! 9A years of
age
=ther government officers and
employees ! 27 years of age
=ptional retirement age! after
rendition of minimum number of
years of service.
A++e2t"#0 A&t.or"t, 'or Re$"0#at"o#:
3. to competent authority provided by
law
/. %f law is silent and public officer is
appointed, tender to appointing
officer
0. %f law is silent and public officer is
elected, tender to officer authorized
by law to call election to fill
vacancy!
a. +resident and ?ice-+resident -
)ongress
b. Bembers of )ongress -
respective )hambers
e. Covernors, ?ice Covernors,
Bayors and ?ice Bayors of 8@)Es
and independent component
cities - +resident.
f. Bunicipal Bayors and ?ice
Bayors4)ity Bayors and ?ice
Bayors of component cities -
+rovincial Covernor
g. 'anggunian Bembers ,
'anggunian concerned and
h. <lective Barangay =fficials ,
Bunicipal or )ity Bayors
Re+a)) termination of official
relationship for loss of confidence
prior to expiration of his term
through the will of the people.
L"-"tat"o#$ o# Re+a)):
1. any elective official may be subject
of a recall election only once during
his term of office for loss of
confidence and
2. no recall shall ta#e place within one
year from date of the officialEs
assumption to office or one year
immediately preceding a regular
local election.
Pro+ed&re 'or Re+a)) 7Se+$. @D@=< R.A.
@;ED8
3. %nitiation of the (ecall +rocess!
a. by a Preparatory Recall
Assembly -+(A1 composed of!
i. +rovincial , mayors, vice
mayors and sanggunian -sg1
members of the
municipalities and
component cities
ii. )ity , punong barangay and
-sg1 barangay members
iii. &egislative $istrict!
iiia. 'C Panlalawigan ,
municipal officials in
the district
iiib. 'C Panglunsod ,
barangay officials in
the district
iv. Bunicipal 1 punong barangay
and -sg1 barangay members
majority of the +(A
members shall convene in
session in a public place
recall of the officials
concerned shall be validly
initiated through a resolution
adopted by a majority of all
the +(A members concerned
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
13
MEMORY AID IN POLITICAL LAW
b. by the Registered 2oters -(?1 in
the province, city, municipality
or barangay -&C@1 concerned -
at least /7I of the total number
of (? in the &C@ concerned
during the election in which the
local official sought to be
recalled was elected
i. written petition filed with
the )=B<&<) in the presence
of the representative of the
petitioner and a
representative of the official
sought to be recalled, and in
a public place of the &C@
ii. )=B<&<) shall cause the
publication of the petition in
a public and conspicuous
place for a period of not less
than 3A days nor more than
/A days
iii. upon lapse of the said
period, )=B<&<) shall
announce the acceptance of
candidates and shall prepare
the list of candidates which
shall include the name of the
official sought to be recalled
3. <lection on (ecall , )=B<&<) shall
set the date of the election on
recall!
a. for barangay% city or municipal
officials , not later than 0A days
after the filing of the resolution
or petition
b. for provincial officials - not later
than .7 days after the filing of
the resolution or petition
4. <ffectivity of (ecall , only upon the
election and proclamation of a
successor in the person of the
candidate receiving the highest
number of votes cast during the
election on recall.
'hould the official sought to be
recalled receive the highest
number of votes, confidence in
him is thereby affirmed, and he
shall continue in office.
ELECTION LAW
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
14
MEMORY AID IN POLITICAL LAW
I.SUFFRAGE
- right to vote in election of
officers chosen by people and in
the determination of questions
submitted to people. %t includes!
3. election
/. plebiscite
0. initiative and
.. referendum.
E)e+t"o# , means by which people
choose their officials for a definite
and fixed period and to whom they
entrust for time being the exercise
of powers of government.
!"#d$:
3. Regular election , one provided
by law for election of officers
either nationwide or in certain
subdivisions thereof, after
expiration of full term of former
members and
/. $pecial election , one held to fill
vacancy in office before
expiration of full term for which
incumbent was elected.
Fa")&re o' E)e+t"o#$ , there are
only 0 instances where a failure of
elections may be declared, namely!
a. 5he election in any polling
place has not been held on
the date fixed on account of
force ma.eure, violence,
terrorism, fraud, or other
analogous causes
b. 5he election in any polling
place had been suspended
before the hour fixed by law
for the closing of the voting
on account of force
ma.eure% violence,
terrorism, fraud, or other
analogous causes and
c. After the voting and during
the preparation and
transmission of the election
returns or in the custody or
canvass thereof such
election results in a failure
to elect on account of force
majeure, violence,
terrorism, fraud or other
analogous causes. -Aoseph
Peter $ison v. C'-0L0C%
C.(. :o. 30.A62, Barch 0,
36661
*hat is common in these
three instances is the
resulting failure to elect. %n
the first instance, no
election is held while in the
second, the election is
suspended. %n the third
instance, circumstances
attending the preparation,
transmission, custody or
canvass of the election
returns cause a failure to
elect. 5he term failure to
elect means nobody emerged
as a winner. !Pasandalan vs.
Comelec% 8.R. *o. 5(495<%
Auly 5@% <44<1
5he causes for the
declaration of a failure of
election may occur before or
after the casting of votes or
on the day of the election.
-$ec. =% R.A. :566&
5he )=B<&<) shall call for
the holding or continuation
of the election on a date
reasonably close to the date
of the election not held,
suspended, or which resulted
in a failure to elect but not
later than 0A days after the
cessation of the cause of
such suspension or failure to
elect. -$ec. 6% B.P. @@5&
%n such election, the location
of polling places shall be the
same as that of the
preceding regular election.
8owever, changes may be
initiated by written petition
of the majority of the voters
of the precinct or agreement
of all the political parties or
by resolution of the )omelec
after notice and hearing.
-Cawasa vs. )omelec, C.(.
:o. 37A.26, Huly 0, /AA/1
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
15
MEMORY AID IN POLITICAL LAW
Po$t2o#e-e#t o' E)e+t"o#$ - An
election may be postponed by the
)=B<&<) either motu proprio or upon
a verified petition by any interested
party when there is violence,
terrorism, loss or destruction of
election paraphernalia or records,
force ma.eure% or other analogous
cause of such a nature that the
holding of a free, orderly and honest
election becomes impossible in any
political subdivision. -$ec. (% B.P.
@@5&
5he )=B<&<) shall call for the
holding of the election on a date
reasonably close to the date of
the election not held,
suspended, or which resulted in
a failure to elect but not later
than 0A days after the cessation
of the cause for such
postponement or suspension of
the election or failure to elect.
-$ec. (% B.P. @@5&
Q&a)"'"+at"o# 'or S&''ra0e:
3. ;ilipino citizen
/. At least 3D years of age
0. (esident of the +hilippines for at
least one year
.. (esident of place where he proposes
to vote for at least 2 months and
7. :ot otherwise disqualified by law.
D"$%&a)"'"+at"o#:
3. person convicted by final judgment
to suffer imprisonment for not less
than 3 year, unless pardoned or
granted amnesty but right
reacquired upon expiration of 7
years after service of sentence
/. person adjudged by final judgment
of having committed any crime
involving disloyalty to government or
any crime against national security
but right is reacquired upon
expiration of 7 years after service of
sentence and
0. insane or incompetent persons as
declared by competent authority
-'ec. 33D, =<)1.
II. POLITICAL PART4
- organized group of citizens
advocating an ideology or platform,
principles and policies for the general
conduct of government and which, as
the most immediate means of securing
their adoption, regularly nominates and
supports certain of its leaders and
members as candidate in public office.
-Bayan -una v. Comelec% C( :o. 3.9230,
Hune /D, /AA31
5o acquire juridical personality
and to entitle it to rights and
privileges granted to political
parties, it must be registered
with )=B<&<)
policies for the general conduct
of government and which, as the
most immediate means of
securing their adoption,
regularly nominates and supports
certain of its leaders and
members as candidate in public
office. -Bayan -una v. Comelec%
C( :o. 3.9230, Hune /D, /AA31
5o acquire juridical personality
and to entitle it to rights and
privileges granted to political
parties, it must be registered
with )=B<&<).
Gro&2$ D"$%&a)"'"ed 'or Re0"$trat"o#:
3. religious denominations or sects
/. those who see# to achieve their
goals through violence or unlawful
means
0. those who refuse to uphold and
adhere to )onstitution and
.. those supported by foreign
governments.
Gro&#d$ 'or Ca#+e))at"o# o'
Re0"$trat"o#:
3. accepting financial contributions
from foreign governments or their
agencies and
/. failure to obtain at least 3AI of
votes casts in constituency where
party fielded candidates.
Part, S,$te- , a free and open party
system shall be allowed to evolve
according to free choice of people.
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
16
MEMORY AID IN POLITICAL LAW
no votes cast in favor of political
party, organization or coalition
shall be valid except for those
registered under the party-list
system provided in the
)onstitution
political parties registered under
party-list system shall be
entitled to appoint poll watchers
in accordance with law and
part-list representatives shall
constitute /AI of total number
of representatives in the 8ouse.
G&"de)"#e$ 'or $+ree#"#0 2art,)"$t
2art"+"2a#t$
1. 5he political party, sector,
organization or coalition must
represent the marginalized and
underrepresented groups identified
in 'ec. 7 of (A 96.3. Bajority of its
member-ship should belong to the
marginalized and underrepresented
2. *hile even major political parties
are expressly allowed by (A 96.3
and the )onstitution, they must
comply with the declared statutory
policy of F;ilipino citizens belonging
to marginalized and under-
represented sectors to be elected to
the 8ouse of (epresentativesG.
5hus, they must show that they
represent the interest of the
marginalized and underrepresented.
3. 5hat religious sector may not be
represented in the party-list system
except that priests, imam or pastors
may be elected should they
represent not their religious sect but
the indigenous community sector
4. A party or an organization must not
be disqualified under 'ec. 2, (A 96.3
as follows!
a. it is a religious sect or
denomination, organization or
association organized for
religious purposes
b. it advocates violence or unlawful
means to see# its goals
c. it is a foreign party or
organization
d. it is receiving support from any
foreign government, foreign
political party, foundation,
organization, whether directly or
through any of its officers or
members or indirectly through
third parties for partisan
election purposes
e. it violates or fails to comply with
laws, rules or regulation relating
to elections
f. it declares untruthful statements
in its petition
g. it has ceased to exist for at least
one -31 year or
h. it fails to participate in the last
two -/1 preceding elections or
fails to obtain at least two per
centum -/I1 of the votes cast
under the party-list system in
two -/1 preceding elections for
the constituency in which it has
registered.
5. the party or organization must not
be an adjunct of, or a project
organized or an entity funded or
assisted by, the government.
6. the party, including its nominees
must comply with the qualification
requirements of section 6, (A 96.3
as follows! F:o person shall be
nominated as party-list
representative unless he is! -a1
natural-born citizen of the
+hilippines -b1 a registered voter
-c1 a resident of the +hilippines for a
period of not less than one year
immediately preceding the day of
the election -d1 able to read and
write -e1 a bona fide member of the
party or organization which he see#s
to represent for at least 6A days
preceding the day of the election
and -f1 at least /7 years of age on
the day of the election. %n case of a
nominee of the youth sector, he
must at least be twenty five -/71 but
not more than thirty -0A1 years of
age on the day of the election. Any
youth sectoral representative who
attains the age of thirty -0A1 during
his term shall be allowed to continue
in office until the expiration of his
termsG
7. not only the candidate party or
organization must represent
marginalized and underrepresented
sectors, so also must its nominees
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
17
MEMORY AID IN POLITICAL LAW
8. while lac#ing the a well-defined
political constituency, the nominee
must li#ewise be able to contribute
to the formation and enactment of
appropriate legislation that will
benefit the nation as a whole. -Ang
Bagong Bayani1'"B Labor Party% v.
C'-0L0C% C( :o. 3.97D6, Hune /2,
/AA31.
III. DISQUALIFICATION OF
CANDIDATES:
3. declared as incompetent or insane
by competent authority
/. convicted by final judgment for
subversion, insurrection, rebellion or
any offense for which he has been
sentenced to a penalty of 3D months
imprisonment
0. convicted by final judgment for
crime involving moral turpitude
.. any person who is permanent
resident of or immigrant to a foreign
country and
7. one who has violated provisions on!
a. campaign period
b. removal, destruction of lawful
election propaganda
c. prohibited forms of propaganda
d. regulation of propaganda
through mass media and
e. election offenses.
- *hen a candidate has not yet been
disqualified by final judgment during
the election day and was voted for,
the votes cast in his favor cannot be
declared stray. 5o do so would
amount to disenfranchising the
electorate in whom sovereignty
resides.

-Codilla vs. ,on. Aose Ce
2enecia, C.(. :o. 37A2A7, $ecember
3A, /AA/1
N&"$a#+e Ca#d"date
, )=B<&<) may motu propio
or upon petition of
interested party, refuse to
give due course to or cancel
certificate of candidacy if
shown that said certificate
was filed!
3. to put election process in moc#ery or
disrepute
/. to cause confusion among voters by
similarity of names of registered
candidates
0. by other circumstances or acts which
demonstrate that a candidate has no
bona fide intention to run for office
for which certificate has been filed,
and thus prevent a faithful
determination of true will of
electorate.
IV. FAIR ELECTIONS ACT OF =DD; 7RA
>DDE8
Law'&) e)e+t"o# Pro2a0a#da 7$e+. C8:
3. *ritten4+rinted Baterials -does not
exceed D J in. width by 3. in.
length1
/. 8andwritten4printed letters
0. +osters -not exceeding / x 0 ft.1
0 by D ft. allowed in
announcing, at the site and
on the occasion of a public
meeting or rally, may be
displayed 7 days before the
date of rally but shall be
removed within /. hours
after said rally.
.. +rint Ads
K page in broadsheets and J
page in tabloids thrice a
wee# per newspaper,
magazine or other
publication during the
campaign period
7. Broadcast Bedia -i.e. 5? and
(adio1
NATIONAL
POSITIONS
LOCAL
POSITIONS
3. 3/A minutes
for 5?
3. 2A minutes
for 5?
/. 3DA minutes
for (adio
/. 6A minutes
for (adio
Pro."/"ted Ca-2a"0#
3. +ublic exhibition of movie,
cinematograph or documentary
portraying the life or biography of a
candidate during campaign period
/. +ublic exhibition of a movie,
cinematograph or documentary
portrayed by an actor or media
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
18
MEMORY AID IN POLITICAL LAW
personality who is himself a
candidate
0. @se of airtime for campaign of a
media practitioner who is an official
of a party or a member of the
campaign staff of a candidate or
political party
L"-"tat"o# o# E*2e#$e$:
5. for candidates+
+resident and ?ice +resident
L +3A4voter
=ther candidates, if with
party L +04voter
=ther candidates, if without
party L +74voter.
/. for political parties L +74voter
State-e#t o' Co#tr"/&t"o# a#d
E*2e#$e$
every candidate and treasurer of
political party shall, within 0A days
after day of election, file offices of
)=B<&<) the full, true and itemized
statement of all contribution and
expenditures in connection with
election.
E)e+t"o# S&r(e,
5he ') held that 'ec. 7.. of the ;air
<lection Act prohibiting publication
of survey results 37 days
immediately preceding a national
election and 9 days before a local
election violates the constitutional
rights of speech, expression, and the
press because!
it imposes a prior restraint on
the freedom of expression
%t is a direct and total
suppression of a category of
expression even though such
suppression is only for a limited
period and
the governmental interest sought
to be promoted can be achieved
by means other than the
suppression of freedom of
expression. -$ocial Beather
$tation v. Comelec% C.(. :o.
3.9793 Bay 7, /AA31
S&/$t"t&ted a#d S&/$t"t&te Ca#d"date
- %n case of valid substitutions
after the officials ballots have been
printed, the votes cast for the
substituted candidates shall be
considered as stray votes but shall not
invalidate the whole ballot. ;or this
purpose, the official ballots shall provide
for spaces where the voters may write
the name of the substitute candidates if
they are voting for the latter! Provided%
however% 5hat if the substitute
candidate is of the same family name,
this provision shall not apply.-'ec.3/1
V. PREPROCLAMATION
CONTROVERS4
Any question pertaining to or
affecting proceedings of Board of
)anvassers which may be raised
by any candidate or by a
registered political party or
coalition of political parties
before the board or directly with
)=B<&<) or any matter raised
under 'ections /00, /0., /07,
and /02, in relation to
preparation, transmission,
receipt, custody and
appreciation of election returns.
I$$&e$ w."+. -a, /e ra"$ed "# a Pre
Pro+)a-at"o# Co#tro(er$,:
3. %llegal composition or proceedings of
the board of )anvassers
/. )anvassed election returns are
incomplete, contain material
defects, appears to be tampered
with or falsified or contain
discrepancies in the same returns or
in other authentic copies thereof as
mentioned in 'ec. /00,/0.,/07 and
/02 of B+ DD3
0. <lection returns were prepared
under duress, threat, coercion, or
intimidation, or they are obviously
manufactured or not authentic and
.. *hen substitute of fraudulent
returns in controverted polling
places were canvassed, the results of
which materially affected the
standing of the aggrieved
candidate4s.
III. ELECTION CONTESTS
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
19
MEMORY AID IN POLITICAL LAW
Nat&re: special summary proceeding
object of which is to expedite
settlement of controversies between
candidates as to who received majority
of legal votes.
P&r2o$e: to ascertain true will of people
and duly elected officer, and this could
be achieved by throwing wide open the
appeal before the court.
Co#te$t! any matter involving title or
claim of title to an elective office, made
before or after proclamation of winner,
whether or not contestant is claiming
office in dispute.
E)e+t"o#< Ret&r#$ a#d %&a)"'"+at"o# ,
refers to all matters affecting validity of
the contesteeEs title to the position.
E)e+t"o# , conduct of the polls,
including the registration of voters,
holding of election campaign, and
casting and counting of votes.
Ret&r#$ , include the canvass of
returns and proclamation of winners,
together with questions concerning
composition of Board of )anvassers
and authenticity of election returns.
Q&a)"'"+at"o#$ , matter which could
be raised in a )uo warranto
proceedings against the proclaimed
winner, such as his disloyalty to the
(epublic or his ineligibility or
inadequacy of his certificate of
candidacy.
Or"0"#a) E*+)&$"(e 3&r"$d"+t"o# O(er
E)e+t"o# Co#te$t$
3. +resident and ?ice-+resident -
$upreme Court en banc
/. 'enator - $enate 0lectoral Tribunal
0. (epresentative - ,R 0lectoral
Tribunal
.. (egional4+rovincial4)ity - C'-0L0C
7. Bunicipal - RTC
2. Barangay - -TC
A22e))ate 3&r"$d"+t"o#:
3. ;or decisions of (5) and B5)
appeal to )=B<&<) whose
decision shall be final and
executory
/. ;or decisions of )=B<&<)
petition for review on )ertiorari
with ') within 0A days from
receipt of decision on ground of
grave abuse of discretion
amounting to lac# or excess of
jurisdiction or violation of due
process
0. ;or decisions of <lectoral 5ribunal
petition for review on Certiorari
with ') on ground of grave abuse
of discretion amounting to lac#
or excess of jurisdiction or
violation of due process.
A+t"o#$ W."+. Ma, Be F")ed:
;. E)e+t"o# Prote$t
- Bay be filed by any candidate who
has filed a certificate of candidacy
and has been voted upon for the
same officer
Gro&#d$:
a. fraud
b. terrorism
c. irregularities or
d. illegal acts
committed before, during, or
after casting and counting of
votes
T"-e to '")e: within 3A days from
proclamation of results of election.
=. Q&o warra#to
- ;iled by any registered voter in the
constituency
Gro&#d$:
a. ineligibility or
b. disloyalty to (epublic.
T"-e to '")e: within 3A days from
proclamation of results of election.
QUO WARRANTO
IN ELECTIVE
OFFICE
QUO WARRANTO
IN APPOINTIVE
OFFICE
3. determination is
eligibility of
candidate-elect
3. determination is
legality of
appointment
/. when person
elected is
declared
ineligible, court
cannot declare /
nd
placer as elected,
even if eligible
/. court may
determine as to
who among the
parties has legal
title to office
IV. ELECTION OFFENSES
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
20
MEMORY AID IN POLITICAL LAW
VoteB&,"#0 a#d VoteSe))"#0
-31 Any person who gives, offers
or promises money or anything of
value, gives or promises any
office or employment, franchise
or grant, public or private, or
ma#es or offers to ma#e an
expenditure, directly or
indirectly, or cause an
expenditure to be made to any
person, association, corporation,
entity, or community in order to
induce anyone or the public in
general to vote for or against any
candidate or withhold his vote in
the election, or to vote for or
against any aspirant for the
nomination or choice of a
candidate in a convention or
similar selection process of a
political party.
-/1 Any person, association,
corporation, group or community
who solicits or receives, directly
or indirectly, any expenditure or
promise of any office or
employment, public or private,
for any of the foregoing
considerations. -'ec. /23, B.+.
DD31
=ne of the effective ways of
preventing the commission
of vote-buying and of
prosecuting those
committing it is the grant of
immunity from criminal
liability in favor of the
party !personDs& whose vote
was bought. 5his grant of
immunity will encourage the
recipient or acceptor to
come into the open and
denounce the culprit-
candidate, and will ensure
the successful prosecution of
the criminal case against the
latter. !Comelec vs. ,on.
Tagle% 8.R. *os. 5=@3=@ E
5=@3(5% "ebruary 5:% <449&
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
21
MEMORY AID IN POLITICAL LAW
LAW ON PUBLIC CORPORATION
I. LOCAL GOVERNMENT CODE OF ;>>;
7R.A. @;ED8
E''e+t"("t,! Hanuary 3, 366/
S+o2e o' A22)"+at"o# o' Lo+a)
Go(er#-e#t Code:
Applicable to!
1. all provinces,
2. cities,
3. municipalities,
4. barangays
5. and other political subdivisions
as may be created by law and
6. to the extent provided in the
&ocal Covernment )ode!
a. to officials,
b. offices, or
c. agencies of the :ational
Covernment.
Lo+a) A&to#o-, , in its constitutional
sense, to polarize &C@Es from over
dependence on central government and
do not ma#e &C@Es mini-republics or
imperium in imperia.
De+e#tra)"Fat"o# o' Ad-"#"$trat"o# ,
central government delegates
administrative powers to political
subdivisions in order to broaden base of
government power and in process ma#e
&C@Es more responsive and accountable
and ensure their fullest development as
self-reliant communities and ma#e them
effective partners in the pursuit of
national development and social
progress.
De+e#tra)"Fat"o# o' Power , involves
abdication of political power in favor of
&C@Es declared autonomous.-Limbona v.
-engelin% 39A ')(A 9D21.
De(o)&t"o# , act by which national
government confers power and authority
upon various &C@Es to perform specific
functions and responsibilities.M'ec.39-e1,
par./, &C)N.
De+)arat"o# o' Po)"+,:
3. 5erritorial and subdivisions of 'tate
shall enjoy genuine and meaningful
local autonomy to enable them to
attain fullest development and ma#e
them more effective partners in
attaining national goals
/. <nsure accountability of &C@Es
through institution of effective
mechanisms of recall, initiative and
referendum and
0. (equire all national agencies and
offices to conduct periodic
consultations with appropriate
&C@Es, :C=Es and +eopleEs
=rganizations and other concerned
sector of community before any
project or program is implemented
in their respective jurisdictions.
R&)e$ o# I#ter2retat"o#:
3. provision on power! liberally
interpreted in favor of &C@ in case
of doubt, resolved in favor of
devolution of powers
/. ordinance or revenue measure!
construed strictly against &C@
enacting it and liberally in favor of
tax payer
0. ta eemptions% incentive or relief
granted by &C@! construed against
person claiming
.. general welfare provisions! liberally
interpreted to give more powers to
&C@Es in accelerating economic
development and upgrading quality
of life for people in community
7. rights and obligations existing on
date of effectivity of &C) of 3663
and arising out of contracts or any
other source of prestation involving
&C@, shall be governed by original
terms and conditions of said
contracts or law in force at time
such rights were vested and
2. resolution of controversies arising
under &C) of 3663 where no legal
provision or jurisprudence applies,
resort may be had to customs and
traditions in place where
controversies ta#e place.
II. PUBLIC CORPORATION
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
22
MEMORY AID IN POLITICAL LAW
- one formed and organized for the
government of a portion of the 'tate.
E)e-e#t$ o' P&/)"+ Cor2orat"o#:
3. legal creation or incorporation
/. corporate name
0. inhabitants and
.. territory.
C)a$$e$ o' Cor2orat"o#:
3. Quasi-corporation 1 public
corporations created as agencies of
'tate for narrow and limited
purposes.
/. Municipal corporation , body politic
and corporate constituted by
incorporation of inhabitants of city
or town purposes of local
government thereof or as agency of
'tate to assist in civil government of
the country.
0. Quasi-public corporation , private
corporation that renders public
service or supplies public wants.
PUBLIC
CORPORATION
PRIVATE
CORPORATION
3. established for
purposes of
administration of
civil and local
governments

3. created for private
aim, gain or benefit
of members
/. creation of 'tate
either by special or
general act
/. created by will of
incorporators with
recognizance of 'tate
0. involuntary
consequence
legislation
0. voluntary
agreement by and
among members
III. DE FACTO MUNICIPAL
CORPORATION
Re%&"$"te$:
3. valid law authorizing incorporation
/. attempt in good faith to organize
under it
0. colorable compliance with law and
.. assumption of corporate powers.
IV. TERRITORIAL AND POLITICAL
SUBDIVISIONS EN3O4ING
LOCAL AUTONOM4:
3. Province , cluster of municipalities,
or municipalities and component
cities, and serves as dynamic
mechanism for developmental
processes and effective governance
of &C@Es within its territorial
jurisdiction.
/. City , composed of more urbanized
and developed barangays, serves as
a general purpose government for
coordination and delivery of basic,
regular and direct services and
effective governance of inhabitants
within its territorial jurisdiction
0. Municipality , consisting of group of
barangays, serves primarily as a
general purpose government for
coordination and delivery of basic,
regular and direct services and
effective governance of inhabitants
within its territorial jurisdiction
.. arangay , basic political unit which
serves as primary planning and
implementing unit of government
policies, plans, programs, projects
and activities in community, and as a
forum wherein collective views of
people may be expressed,
crystalized and considered and
where disputes may be amicably
settled
7. Autonomous Regions , created for
decentralization of administration or
decentralization of government and
2. !pecial metropolitan political
subdivisions , created for sole
purpose of coordination of delivery
of basic services.
Creat"o# o' M&#"+"2a) Cor2orat"o#$
3. ;or province% city or municipality,
only by Act of )ongress
/. ;or barangays, ordinance passed by
respective $anggunian
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
23
MEMORY AID IN POLITICAL LAW
+lebiscite (equirement ,
approved by a majority of
the votes cast in a plebiscite
called for the purpose in the
political unit4s directly
affected -'ec. 3A, (.A. 932A1
Based on verifiable
indicators of viability and
projected capacity to
provide services -'ec. 9, (.A.
932A1 M:ote! see Annex )N
Be0"##"#0 o' Cor2orate E*"$te#+e
upon election and qualification
of its chief executive and
majority of members of its
'anggunian, unless some other
time is fixed therefore by law or
ordinance creating it.
Bode of %nquiry to &egal
<xistence of &C@! Fuo warranto
which is reserved to 'tate or
other direct proceedings
A/o)"t"o# o' LGU:
*hen income, population, or land
area of &C@ has been reduced to less
than minimum standards prescribed
for its creation. 5he law or
ordinance abolishing &C@ shall
specify the province, city,
municipality or barangay with which
&C@ sought to be abolished will be
incorporated or merged.
D"("$"o# a#d Mer0er o' LGUG$
shall comply with same
requirements, provided!
1. shall not reduce income, population
or land area of &C@ concerned to
less than the minimum requirements
prescribed
2. income classification of original &C@
shall not fall below its current
income classification prior to
division
3. +lebiscite be held in &C@Es affected.
4. Assets and liabilities of creation shall
be equitably distributed between the
&C@Es affected and new &C@. *hen
municipal district of other territorial
divisions is converted or fused into a
municipality all property rights
vested in original territorial
organization shall become vested in
government of municipality.
V. POWERS OF LGU$
C)a$$"'"+at"o# o' Power$ o' Lo+a)
Go(er#-e#t U#"t$
3. <xpress, implied and inherent
/. +ublic or governmental, private or
proprietary
0. %ntramural and extramural and
.. Bandatory and directory ministerial
and discretionary.
Go(er#-e#ta) Power$ o' LGU:
3. Ceneral *elfare , -'ec. 32, (.A.
932A1 statutory grant of police
power to &C@Es. %t is limited to!
a. territoriality
b. equal protection clause
c. due process clause and
d. must not be contrary to law.
/. $elivery of basic services and
facilities , -'ec. 39, of (.A. 932A1
0. +ower to generate and apply
resources , -'ec. 3D, of (.A. 932A1
.. <minent $omain , -'ec. 36, of (.A.
932A1
Additional &imitations for <xercise
by &C@!
a. exercise by local chief executive
pursuant to an ordinance
b. for public use, purpose or
welfare for benefit of poor and
landless
c. payment of just compensation
and
d. only after valid and definite
offer had been made to, and not
accepted by owner.
--unicipality of ParaGa)ue v.
2.-. Realty Corp.% /6/ ')(A
29D1
7. (eclassification of &ands , -'ec. /A
of (A 932A1
&imited by following percentage of
total agricultural land area!
a. for 8@) and independent
component cities! 37I
b. for component cities and 3
st
to
0
rd
class municipalities! 3AI
and
c. for .
th
to 2
th
class municipalities!
7I.
2. )losure and opening of roads , -'ec.
/3 of (A 932A1
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
24
MEMORY AID IN POLITICAL LAW
%n case of permanent closure!
a. adequate provision for public
safety must be made and
b. may be properly used or
conveyed for any purpose for
which other real property may
be lawfully used or conveyed
provided no freedom par# be
permanently closed without
provisions or transfer to new
site.
9. &ocal legislative power , -'ecs. .D-
76 of (A 932A1
A22ro(a) o' ord"#a#+e$:
a. local chief executive with his
signature on each and every
page
b. if local chief executive vetoes
the same, may be overridden by
/40 vote of all sanggunian
members
-i1 grounds for veto!
ordinance is ultra vires
or prejudicial to public
welfare
-ii1 local chief executive
may veto particular
item4s of appropriation
ordinance, adoption of
local development plan
and public investment
plan, or ordinance
directing payment of
money or creating
liability and
-iii1 local chief executive
may veto an ordinance
only once
c. veto communicated to
sanggunian within 37 days for
province and 3A days for city or
municipality.
Re%&"$"te$ 'or (a)"d"t,:
a. must not contravene the
)onstitution and any statute
b. must not be unfair or oppressive
c. must not be partial or
discriminatory
d. must not prohibit, but may
regulate trade
e. must not be unreasonable and
f. must be general in application
and consistent with public policy.
Barangay )hairman has no
veto power.
Cor2orate Power$ o' LGU:
3. to have continuous succession in its
corporate name
/. to sue and be sued
0. to have and use a corporate seal
.. to acquire and convey real or
personal property
7. power to enter into contracts
Re%&"$"te$ o' (a)"d -&#"+"2a)
+o#tra+t$:
a. &C@ has express, implied, or
inherent power to enter into a
particular contract
b. <ntered into by proper
department, board, committee,
or agent
c. Bust comply with substantive
requirements
d. Bust comply with formal
requirements and
e. %n case entered into by local
chief executive on behalf of
&C@, prior authorization by
$anggunian concerned is
needed
2. to exercise such other powers as
granted to corporation, subject to
limitations provided in &ocal
Covernment )ode of 3663 and other
laws.
VI. MUNICIPAL LIABILIT4:
R&)e: &ocal government units and their
officials are not exempt from liability for
death or injury to persons or damage to
property -'ec. /., (.A. 932A1
3. 'tatutory provisions on liability!
a. Art. /3D6, )ivil )ode , defective
condition of roads, streets,
bridges, public buildings, and
other public wor#s
b. Art. /3DA-2
th
par.1, )ivil )ode ,
acts through a special agent
d. Art. 0., )ivil )ode , failure or
refusal of a member of the
police force to render aid and
protection in case of danger to
life and property
/. for 5ort , depends if engaged in!
a. governmental functions , not
liable
b. proprietary functions , liable
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
25
MEMORY AID IN POLITICAL LAW
0. for ?iolation of &aw
.. for )ontracts , if contract is!
a. intra vires , liable
b. ultra vires , not liable
Do+tr"#e o' I-2)"ed M&#"+"2a)
L"a/")"t, , a municipality may
become obligated upon an
implied contract to pay the
reasonable value of the benefits
accepted or appropriated by it
as to which it has the general
power to contract -Province of
Cebu v. IAC, 3.9 ')(A ..91 the
doctrine applies to all cases
where money or other property
of a party is received under such
circumstances that the general
law, independent of an express
contract, implies an obligation to
do justice with respect to the
same -:achura, Reviewer in
Political Law, p. .031
VII. QUALIFICATION OF ELECTIVE
LOCAL OFFICIALS:
3. citizen of the +hilippines
/. registered voter of barangay%
municipality, city, province, or
district where he intends to be
elected
0. resident therein for at least 3 year
preceding election
.. able to read and write ;ilipino or
local language or dialect and
7. age!
a. <9 years of age , Covernor, ?ice
Covernor, Board Bember,
Bayor, ?ice Bayor or Bember of
)ity )ouncil for 8@)Es.
b. <5 years of age , Bayor or ?ice
Bayor of %))Es, component cities
or municipalities
c. 5@ years of age , members of
%)) or component city or
municipal council or punong
barangay or member of
barangay council
d. at least 5( but not <5 years of
age , candidate for sanggunian
#abataan.
-'ec. 06, (A 932A1
D"$%&a)"'"+at"o# o' E)e+t"(e Lo+a)
O''"+"a):
3. sentenced by final judgment for
offense involving moral turpitude or
punishable by 3 year or more of
imprisonment within / after service
of sentence
/. those removed from office due to
administrative cases
0. those convicted by final judgment
for violating oath of allegiance to
the (epublic
.. those with dual citizenship
7. fugitives from justice in criminal or
non-political cases here or abroad
2. permanent resident in foreign
country and
9. insane or feeble-minded.-'ec..A,
(A.932A1
VIII. MANNER OF ELECTION
3. <lected at large
a. Covernor ?ice Covernor
b. )ity or municipal mayor )ity or
municipal vice-mayor
c. Punong barangay,
d. 'O chairman, elected by voters
of Hatipunan ng Habataan
/. <lected by $istrict
a. regular members of $anggunian
b. ex-officio members of
$anggunian
(i.) panlalawigan
president of leagues of
sanggunian members of
component cities and
municipalities and
president of liga ng mga
barangay and pederasyon
ng mga sanggunian
#abataan
-ii.1 panlunsod
president of liga ng mga
barangay and the
pederasyon ng mga 'B
-iii.1 bayan
president of liga ng mga
barangay and the
pederasyon ng mga
sanggunian #abataan
0. 'ectoral representatives , women,
wor#er, urban poor, and other
sectors allowed by law.
Date o' E)e+t"o#: <very 0 years on
/
nd
Bonday of Bay, unless otherwise
provided by law.
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala
San Beda College of Law
26
MEMORY AID IN POLITICAL LAW
Ter- o' O''"+e! 0 years starting
from noon of Hune 0A next following
the election or such date as may be
provided by law, except that of
elective barangay officials, for
maximum of 0 +o#$e+&t"(e terms in
same position.
Co#$e+&t"(e! After three
consecutive terms, an elective
local official cannot see#
immediate reelection for a
fourth term. 5he prohibited
election refers to the next
regular election for the same
office following the end of the
third consecutive term. Any
other subse)uent election, li#e a
recall election is no longer
covered by the prohibition
-$ocrates vs. )omelec, C.(. :o.
37.73/, :ovember 3/, /AA/1.
I6. GROUNDS FOR DISCIPLINAR4
ACTIONS:
3. disloyalty to the (epublic
/. culpable violation of the
)onstitution
0. dishonesty, oppression, misconduct
in office, gross negligence or
dereliction of duty
.. commission of offense involving
moral turpitude or offense
punishable by at least prision mayor
7. abuse of authority
2. unauthorized absence for 37
consecutive wor#ing days except
sanggunian members
9. application for, acquisition of ,
foreign citizenship or residence or
status of an immigrant of another
country and
D. such other grounds as may be
provided in <) and other laws
@nder 'ec. 2A of (A 932A an
elective local official may be
removed from office on the
grounds enumerated above
by order of the proper court
only !$alalima vs 8uingona%
/79 ')(A 771
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!!
Alar"lla# Carlo aut"$ta# Mar% Anthony ay&uen# Ian Ca'ara# arbara J"ll Clara# Ryan Co# ethany Conde# eatr"( )eron"lla# Mary
Ann Char"$'a )ut"erre(# Chr"$to*her +"nag# Ha(el Manaog# +eah Mer"da# Jenery Pere(. ,red Pr"eto# Ru$$el Tacla# Ma.Mel"$$a
-oro#
Joy .abala