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ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty.

Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 1 of 10
ADMINISTRATIVE LAW
Lawyers Obligation (7)
1. Maintain allegiance to the Republic of the
Philippines;
2. Support its Constitution and obey the laws as
well as the legal orders of the duly constituted
authorities therein;
3. Do no falsehood nor consent to the doing of any
in court;
4. Not wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid
nor consent to the same;
5. Delay no man for money or malice, and
6. Will conduct myself as a lawyer according to the
best of my knowledge and discretion, with all
good fidelity as well to the court as to my
clients; and
7. I impose upon myself these voluntary
obligations without any mental reservation or
purpose of evasion. So help me God.
Scope of Administrative Law (8)
8. The law which fixes the administrative
organization and structure of the government;
9. The law, the execution of which is entrusted to
administrative authorities;
10. The law which governs public officers including
their competence (to act), rights duties,
liabilities, election, etc;
11. The law which creates administrative agencies
defines their powers and functions, prescribes
their procedure, including adjudication or
settlement by them of contested matters
involving private interests;
12. The law which provides the remedies, available
to those aggrieved by administrative actions or
decisions;
13. The law which governs judicial review of, or
relief against, administrative actions or
decisions;
14. The rules, regulations, orders and decisions
made by administrative authorities dealing with
the interpretation and enforcement of the laws
entrusted to their administration; and
15. The body of judicial decisions and doctrines
dealing with any of the above
Characteristics of Administrative Agencies (4)
16. Size
17. Specialization
18. Responsibility as to results
19. Variety of administrative duties
Necessary delegation (4)
20. Delegation of Internal management
21. Delegation of authority to dispose of routine
matters
22. Delegation of authority to dispose of matters
informally or to initiate formal proceedings
23. Delegation of authority and function to conduct
formal proceedings
Nature of powers of administrative agencies (3)
24. Jurisdiction is limited
25. Powers within their jurisdiction broad
26. Powers subject to the Constitution, applicable law or
administrative regulation
Classification of powers of administrative agencies
as to nature (3)
27. Investigatory powers
28. Rule- making powers
29. Adjudicatory powers
Scope and extent of powers of administrative
agencies (Investigative powers) (8)
30. Initiation of investigation
31. Conduct of investigation
32. Inspection and examination
33. Requirement as to accounts, records, reports or
statements
34. Requiring attendance of witnesses, giving of
testimony and production of evidence
35. Hearing
36. Contempt proceedings
37. Application of technical rules of procedure and
evidence
Conditions to grant rule-making power (2)
38. Statute is complete in itself, setting forth the policy
to be executed by the agency; and
39. Statute fixes a standard, mapping out the
boundaries of the agencys authority to which it
must conform.
Limitations to rule-making power (4)
40. May not be used to abridge the authority given by
Congress or the Constitution or to enlarge its power
beyond the scope intended.
41. May not by its rules and regulation, amend, alter,
modify, supplant, enlarge or limit the terms of the
statute
42. In case of discrepancy between the basic law and an
implementing law, basic law prevails
43. A rule or regulation should be uniform in operation,
reasonable and not unfair or discriminatory
Kinds of rule making power (3)
44. Contingent legislation or determination
45. Supplementary or detailed legislation
46. Interpretative legislation
Identifying characteristics of legislative rules (2)
47. The statute has delegated power to the agency to
adopt the rule; and
48. It provides that the rule shall, if within the delegated
power, have authoritative force
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 2 of 10
Requirements for validity of administrative
rules and regulations (5)
49. The rules and regulations must have been
issued on the authority of law;
50. They must not be contrary to law and the
Constitution;
51. In certain cases, previous notice and hearing or
52. Publication may be necessary to satisfy the
requirement of due process
53. They must be promulgated in accordance with
the prescribed procedure
Questions in determining the validity of rules
(3)
54. Whether the rule relates to the subject matter
on which power to legislate has been delegated;
55. Whether the rule conforms to the standards
prescribed in the delegatory statute
56. Whether the rule is invalid on constitutional
grounds, such as due process
Tests applied in determining validity of rules
(5)
57. A rule is invalid if it exceeds the authority
conferred to it
58. A rule is invalid if it conflicts with the governing
statute
59. A rule is void if it extends or modifies the
statute
60. A rule is void if it has no reasonable relationship
to the statutory purpose
61. Courts will set aside rules deemed to be
unconstitutional or arbitrary or unreasonable
Requisites for validity of penal rules and
regulations (4)
62. The law which authorizes the promulgation of
rules and regulations must itself provide for the
imposition of a penalty for their violation;
63. It must fix or define such penalty;
64. The violation for which the rules and regulations
impose a penalty must be punishable or made a
crime under the law itself
65. The rules and regulations must be published in
the Official Gazette
5 acts which have been held to be purely
administrative in character (5)
66. The function of the draft boards
67. The parole of prisoners, at least so long as the
duration of the sentence is not affected, and the
revocation of parole
68. The transfer of prisoners from one place of
imprisonment to another
69. Passing upon a petition to call and election
70. Deportation of aliens
Classification of adjudicatory powers (5)
71. Dispensing powers
72. Enabling powers
73. Equitable powers
74. Directing powers
75. Summary powers
Requisites of a valid delegation (2)
76. Completeness of the statute making the delegation
77. The presence of a sufficient standard
Permissible delegation (exceptions to the non-
delegability of legislative powers (5)
78. Delegation of tariff powers to the President under
Section 28(2) of Article VI of the Constitution
79. Delegation of emergency powers to the President
under Section 23(2) of Article VI of the Constitution
80. Delegation to local governments the power to create
its own sources of revenues and to levy taxes, fees,
and charges
81. Delegation to administrative bodies
82. Delegation to the people at large to directly propose
and enact laws or approve or reject any law or part
thereof passed by the Congress or local legislative
body
Characteristics of administrative proceedings (4)
83. Adversary in nature
84. Quasi- judicial or judicial in nature
85. Civil, not criminal, in nature
86. Not an action at law, nor is it a litigation between
private parties
Requisites of administrative proceedings (4)
87. Right to notice of the institution of the proceedings
that may affect a persons legal right;
88. Reasonable opportunity to appear and defend his
rights & introduce witnesses & relevant evidence in
his favor, and to controvert evidence of other party
89. A tribunal vested with competent jurisdiction, so
constituted as to give him reasonable assurance of
honesty and impartiality
90. A finding/ decision by that tribunal supported by
substantial evidence presented at the hearing or at
least ascertained in the records or disclosed to the
parties affected
Elements of the right to a hearing (4)
91. To present his case or defense, and submit evidence
in support thereof
92. To know the claims of the opposing party and to
meet them
93. To cross- examine witnesses for a full and true
disclosure of the facts
94. To submit rebuttal evidence
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 3 of 10
Grounds for administrative agency to modify
their decisions (6)
95. Fraud of imposition
96. Mistake
97. Surprise
98. Inadvertence
99. Newly discovered evidence
100. To meet changed conditions
Requisites of res judicata (3)
101. Final judgment or order
102. Jurisdiction of the court or agency over the
subject matter and the parties
103. Identity of the parties, subject matter and
cause of action
Contents of a petition for review (5)
104. State the Full names of the parties to the
case, without impleading the court or
agencies either as petitioners or respondents
105. Concise statement of the facts and issues
involved and the grounds relied upon for the
review
106. Be accompanied by a clearly legible
duplicate original or certified true copy of
the award, judgment, final order or
resolution appealed from, together with
certified true copies of such material
portions of the record as are referred to
therein and other supporting papers
107. State all the specific material dates to prove
it is within the reglamentary period provided
therein
108. Contain a sworn certificate against forum-
shopping as required in Revised Circular no.
28- 91
Grounds that warrant a reversal of
administrative findings (11)
109. Judgment is based on misapprehension of
facts or the findings of facts are conflicting
110. Agency sustained irregular procedures and
through the invocation of summary
methods, including rules on appeal, has
affirmed an order which tolerates a violation
of due process
111. Agency/ CA overlooked certain facts of
substance and value which if considered
would affect the result of the case or justify
a different conclusion
112. Agency went beyond the issues of the case
and he same are contrary to the admissions
of the parties or the evidence presented
113. The conclusion is a finding grounded on
speculations, surmises and conjectures
114. The findings are conclusions without citation
of specific evidence on which they are based
115. The findings of facts are premised on the
supposed absence of evidence and
contradicted by the evidence on record
116. Facts set forth in the petition as well as the
petitioners main and reply briefs are not
disputed by the respondent
117. Rights of the parties were prejudiced because
the administrative findings, conclusions or
decisions were in violation of constitutional
provisions, in excess of statutory authority or
jurisdiction, made upon irregular procedure,
vitiated by fraud, imposition or mistake, not
supported by substantial evidence adduced at
the hearing or contained in the records or
disclosed to the parties or arbitrary, or capricious
118. Inferences are manifestly mistaken, absurd or
impossible
119. There is a grave abuse of discretion
When substantial evidence rule is not applicable
(5)
120. Where constitutional/ jurisdictional facts are
involved
121. Where property rights rather than privileges are
involved
122. Where the suit is not for review of the
administrative order and is independent of the
proceedings in which the administrative ruling
under attack was rendered
123. Where the statute provides for a trial de novo in
which the rule shall not be invoked;
124. Where the statute has specified a standard or
proof required for administrative determination,
that is, the agency is required to make a finding
by the preponderance of evidence
LAW ON PUBLIC OFFICERS
Purpose and nature of public offices (2)
125. Public offices are created for affecting the end of
which government has been instituted, which is
the common good
126. A public office is a public trust created in the
interest and for the benefit of the people, and
belongs to them.
Essential Elements of a public office (5)
127. Created by the Constitution or by law or by some
body or agency to which the power to create the
office has been delegated
128. Invested with an authority to exercise some
portion of the sovereign power of the State to be
exercised for public interest;
129. Powers and functions are defined by the
Constitution, or by law, or through legislative
authority;
130. Continuing and permanent in nature and not
occasional or intermittent
131. Duties pertaining thereto are performed
independently, without control of a superior
power other than law, unless they are those of
an inferior or subordinate officer
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 4 of 10
Classification of public officers as to nature of
their functions (2)
132. Civil officer
133. Military officer
Classification of public officers creation (2)
134. Constitutional officer
135. Statutory officer
Classification of public officers department of
the government served (3)
136. Legislative officer
137. Executive officer
138. Judicial officer
Classification of public officers branch of the
government served (2)
139. National officer
140. Local Officer
Classification of public officers as to the
exercise of discretion (2)
141. Quasi- judicial officer
142. Ministerial officer
Disqualifications to hold public office (12)
143. Under the Local Government Code
144. Consecutive terms
145. Candidate for elective office
146. Holds more than 1 office
147. Impeachment
148. Removal/ suspension from office
149. Relationship with the appointing power
150. Previous tenure of office
151. Misconduct or crime
152. Mental/ physical incapacity
153. Elective official
154. Office newly created or the emoluments of
which have been increased
Disqualifications to hold public office under
the LGC (7)
155. Sentenced by final judgment for crimes
involving moral turpitude punishable by 1 or
more years of imprisonment, within 2 years
after serving sentence
156. Removed from office as a result of an
administrative charge
157. Fugitive from justice in criminal or non-
political cases here or abroad
158. Permanent residents of foreign countries
159. Insane or feeble- minded
160. Dual citizenship
161. Convicted by final judgment for violating
oath of allegiance to the Philippines
Kinds of presidential appointments (4)
162. Temporary
163. Regular or those made while Congress is in
session
164. Ad interim or those made while Congress is not
in session or during its recess
165. Permanent or those which last until they are
lawfully terminated
Steps in the appointing process (3)
166. Nomination
167. Confirmation
168. Issuance of Commission
Career service is characterized by (3)
169. Entrance based on merit and fitness to be
determined as far as practicable by competitive
examinations, or based on highly technical
qualifications
170. Security of tenure
171. Opportunity for advancement to higher career
positions
Positions in the career service (7)
172. Closed career positions which are highly scientific
or highly technical in nature
173. Career officers other than those in the Career
Executive Service
174. Commissioned officers and enlisted men of the
Armed Forces of the Philippines
175. Open career positions for appointments to which
prior qualification in an appropriate examination
is required
176. Positions in the Career Executive Service
177. Personnel of GOCCs who do not fall under the
non- career services
178. Permanent laborers, whether skilled, semi-
skilled or unskilled.
Non-career service characterized by (2)
179. Entrance on bases other than those of the usual
test of merit and fitness utilized for the career
service
180. Tenure which is limited to a period specified by
law, or which is co- terminous with that of the
appointing authority or subject to his pleasure,
or which is limited to the duration of a particular
project for which purpose employment was
made.
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 5 of 10
Positions in the non-career service (5)
181. Department heads and other officials of
cabinet rank who holds position at the
pleasure of the President and their personal
or confidential staffs
182. Elective officials and their personal or
confidential staff;
183. Emergency and seasonal personnel
184. Chairmen and members of commissions and
boards with fixed terms of office and their
personal or confidential staffs
185. Contractual personnel
Constitution classification of positions in the
Civil Service (2)
186. Competitive
187. Non- competitive
Use of qualification standards in the civil
service (4)
188. Determine training needs
189. Basis for civil service examinations for
positions in the career service
190. Aid in the inspection and audit of the
agencies personnel work programs
191. Guides in the appointment and other
personnel actions in the adjudication of
protested appointments
Kinds of appointment in the Career Service (2)
192. Permanent
193. Temporary or acting
Grounds to recall an appointment (4)
194. Non- compliance with the procedures/
criteria provided in the agencys Merit
Promotion Plan;
195. Failure to pass through the agencys
Selection/ Promotion Board;
196. Violation of the existing collective agreement
between management and employees
relative to promotion; or
197. Violation of other existing civil service law,
rules and regulations
Classification of vacancies (4)
198. Original
199. Constructive
200. Accidental
201. Absolute
Causes of vacancy (11)
202. Permanent Disability
203. Impeachment conviction
204. Conviction of a crime
205. Creation of a new office
206. Abandonment
207. Acceptance of incompatible office
208. Age limit was reached
209. Recall
210. Removal/ Resignation
211. Expiration of term
212. Death
Officers authorized to administer oaths (11)
213. Secretary of either House of the Congress of the
Philippines
214. Secretaries of Departments
215. Clerks of Court
216. City mayors
217. Registrars of Deeds
218. Any other officer in the service of the
government of the Philippines whose
appointment is vested in the President
219. Any other officer whose duties, as defined by law
or regulation, require presentation to him of any
statement under oath
220. Provincial Governors and Lieutenant- governors
221. Notaries Public
222. Members of the judiciary
223. Bureau Directors
Requirements to become officer de jure (3)
224. Possess the legal qualifications for the office in
question;
225. Lawfully chosen to such office; and
226. Have qualified himself to perform the duties of
such office according to the mode prescribed by
the Constitution or law
Elements of de facto officership (3)
227. There must be a de jure office.
228. There must be a color of right or general
acquiescence by the public
229. There must be actual physical possession of the
office in good faith
Classification of powers and duties of public
officers from their nature (2)
230. Ministerial
231. Discretionary
Classification of powers and duties of public
officers from the standpoint of the obligation of
the officer to perform his powers and duties (2)
232. Mandatory
233. Permissive
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 6 of 10
Classification of powers and duties of public
officers from the standpoint of the relationship
of the officer to his subordinates (2)
234. Power of Control
235. Power of Supervision
Norms of conduct of public officials (8)
236. Commitment to public trust
237. Commitment to democracy
238. Professionalism
239. Political neutrality
240. Justness and sincerity
241. Responsiveness to the public
242. Nationalism and patriotism
243. Simple living
3-fold responsibility of public officers (3)
244. if the individual is damaged by such
violation, the official shall, in some cases, be
held liable civilly to reimburse the injured
party
245. if the law has attached a penal sanction, the
officer may be punished criminally
246. if the administrations disciplinary power is
strong, such violation may lead to imposition
of fine, reprimand, suspension, or removal
from office, as the case may be
Liability of superior for acts of subordinates
(4)
247. Where, being charged with the duty or
employing or retaining his subordinates, he
negligently or willfully employs or retains
unfit or improper persons.
248. Where, being charged with the duty to see
that they are appointed or qualified in a
proper name, he negligently or willfully fails
to require them the due conformity to the
prescribed regulations
249. Where he so carelessly or negligently
oversees, conducts or carries on the
business of his office as to furnish the
opportunity for the default
250. A fortiori, where he has directed, authorized
or cooperated in the wrong
251. Where liability is expressly provided in the
statute
Liabilities of public officers under the Civil
Code (3)
252. For failure or neglect to perform official duty
253. For violating rights and liberties of private
individuals
254. For failure to render aid or protection to a
person
Categories of crimes committed by public officers
under the RPC (5)
255. Malfeasance and misfeasance in office
256. Malversation of public funds or property
257. Infidelity of public officers
258. Frauds and illegal exactions and transactions
259. Other offences and irregularities committed by
public officers which include disobedience,
refusal of assistance, maltreatment of prisoners,
anticipation, prolongation and abandonment of
the duties and powers of public office, usurpation
of powers, and unlawful appointment
Give 5 modes of termination of official relations
(5)
260. Prescription of right to office
261. Impeachment
262. Conviction of a crime
263. Acceptance of an incompatible office
264. Abandonment of office
265. Abolition of office
266. Recall
267. Reaching of age limit (retirement)
268. Resignation
269. Removal
270. Expiration of the term or tenure of office
271. Death or permanent disability
Exceptions to rule on holding incompatible offices
(4)
272. Officer cannot vacate the first office by his own
act, upon the principle that he will not be
permitted to, thus, do indirectly what he could
not do directly, as where the law requires the
approval of the provincial board before a
municipal official can resign
273. First office is held under a different government
from that which conferred the second
274. Officer is expressly authorized by law to accept
another office
275. Second office is temporary
The power to remove by the President is implied
from the following (5)
276. From his power to appoint
277. From the nature of the executive power
exercised by the President, the power to remove
being executive in nature
278. From the Presidents duty to execute the laws
279. From the Presidents control of all departments,
bureaus and offices
280. From the provision that no officer or employee
in the Civil Service shall be removed or
suspended except for cause provided by law
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 7 of 10
Limitations on recall (2)
281. Any elective local official may be the subject
of a recall election only once during his term
of office for loss of confidence
282. No recall shall be held within 1 year from the
date of the officials assumption of office or
1 year immediately preceding a regular local
election.
ELECTION LAW
Nature of suffrage (5)
283. Suffrage is not a natural right of the citizens
but merely a privilege to be given or
withheld by the lawmaking power subject to
constitutional limitations. It is not necessary
accompaniment of citizenship. It is granted
to individuals only upon the fulfillment of
certain minimum conditions deemed
essential for the welfare of society.
284. The exercise of the right of suffrage, as in
the enjoyment of all other rights, is not
absolute; it is subject to existing substantive
and procedural requirements provided in the
Constitution, statutes, and valid rules and
regulations.
285. Suffrage is a right because it is the
expression of sovereign will of the people. In
the sense of a right covered by the
Constitution, suffrage is classified as a
political right, as well as a bounden duty of
every citizen, enabling him to participate in
the process of government to assure that it
truly derives its powers solely from the
consent of the governed.
286. The right of suffrage is based upon the
theory that the people who bear the burden
of government should share in the privilege
of choosing the officials of the government.
The principle is that of one man, one vote.
287. Suffrage as a duty is in the nature of a
public trust and constitutes a voter a
representative of the whole people. This
duty requires that the privilege bestowed
should be exercised not exclusively for the
benefit of the citizen/s proferring it but in
good faith and with intelligent zeal for the
general benefit and welfare of the State.
Scope of suffrage (5)
288. Referendum
289. Recall
290. Initiative
291. Plebiscite
292. Election
Main objective of suffrage (2)
293. Continuity of government
294. Preservation and perpetuation of its benefits
Two-fold objective of suffrage (2)
295. To enable the people to choose their
representatives to discharge sovereign functions,
and
296. To determine their will upon such questions
submitted to them.
According to Art. 1 Section 5 of the Constitution,
who may exercise suffrage (6)
297. Citizen of the Philippines,
298. Not otherwise disqualified by law,
299. At least eighteen years of age
300. Resided in the Philippines for at least one year
301. Resided in the place wherein they propose to
vote, for at least six months immediately
preceding the election.
302. No literacy, property, or other substantive
requirement shall be imposed on the exercise of
suffrage
Disabilities of members of the COMELEC, according
to Art. IX-A Section 2 (4)
303. Holds any other office or employment during his
tenure
304. Engage in the practice of any other profession or
in the active management or control of any
business which in any way may be affected by
the functions of his office
305. Be financially interested, in/directly, in any
contract with, or in any of its subdivisions,
agencies, or instrumentalities
Constitutional powers of the COMELEC (9)
306. File, upon a verified complaint, or on its own
initiative, petitions in court for ex/inclusion of
voters; investigate and, where appropriate,
prosecute cases of violations of election laws,
including acts or omissions constituting election
frauds, offenses, and malpractices.
307. Register, after sufficient publication, political
parties, organizations, or coalitions which, in
addition, to other requirements, must present
their platform or program of government; and
accredit citizens arms of the COMELEC.
308. Recommend to the Congress effective measures
to minimize election spending, including
limitation of places where propaganda materials
shall be posted, and to prevent and penalize all
forms of election frauds, offenses, malpractices
and nuisance candidates.
309. Recommend to the President the removal of any
officer or employee it has deputized, or the
imposition of any other disciplinary action, for
violation or disregard or, or disobedience to its
directive, order or decision.
310. Enforce and administer all laws and regulations
relative to the conduct of an election, plebiscite,
initiative, referendum, and recall.
311. Exercise exclusive original jurisdiction over all
contests relating to the elections, returns, and
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
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qualifications of all elective regional,
provincial, and city officials, and appellate
jurisdiction over all contests involving
elective municipal officers decided by trial
courts of general jurisdiction, or involving
elective barangay official decided by trial
courts of limited jurisdiction/
312. Decide, except those involving the right to
vote, all questions affecting elections,
including determination of the number and
location of polling places, appointment of
election officials and inspectors, and
registration of voters.
313. Deputize, with the concurrence of the
President, law enforcement agencies and
instrumentalities of the Government,
including the AFP, for the exclusive purpose
of ensuring credible, honest, orderly,
peaceful, and free elections.
314. Submit to the President and the Congress a
comprehensive report on the conduct of
each election, plebiscite, initiative,
referendum, or recall.
Constitutional mandate regarding pardon
granted to violators of election laws (1)
315. No pardon, amnesty, parole or suspension of
sentence for violation of election laws, rules
and regulations shall be granted by the
President without the favorable
recommendation of the COMELEC.
When election period commences and ends (2)
316. Election period shall commence 90 days
before the day of the election (national or
local) and
317. Election period shall end 30 days thereafter.
Constitutional mandate on COMELEC rendition
of decisions and judicial review (3)
318. COMELEC shall decide by a majority vote of
all its members any case or matter brought
before it within 60 days from the date of its
submission for decision or resolution.
319. A case or matter is deemed submitted for
decision or resolution upon the filing of the
last pleading, brief, or memorandum
required by the rules of the COMELEC, or by
the COMELEC itself.
320. Unless otherwise provided by the
Constitution or by law, any decision, order
or ruling of each Commission may be
brought to the SC on certiorari by the
aggrieved party within 30 days from receipt
or a copy thereof
Power of the COMELEC to promulgate rules of
procedure (2)
321. COMELEC en banc may promulgate its own rules
concerning pleadings and practice before it or
before any of its offices.
322. Such rules, however, shall not diminish,
increase, or modify substantial rights
Who are qualified to register as voters under the
Voters Registration Act (5)
323. All citizens of the Philippines
324. Not otherwise disqualified by law
325. At least 18 years of age
326. Have resided in the Philippines for at least 1 year
immediately preceding the election
327. Have resided in the place wherein they propose
to vote for at least 6 months immediately
preceding the election
Who are disqualified from voting (3)
328. Any person who has been sentence by final
judgment to suffer imprisonment for not less
than 1 year, such disability not having been
removed by plenary pardon or granted amnesty.
Any such person disqualified to vote shall
automatically reacquire the right to vote upon
expiration of 5 years after service of sentence
329. Any person who has been adjudged by final
judgment by competent court or tribunal of
having committed any crime involving disloyalty
to the duly constituted government such as
rebellion, sedition, violation of the anti0
subversion and firearms laws, or any crime
against national security in accordance with the
law. He shall automatically reacquire his right to
vote upon expiration of 5 years after service of
sentence
330. Insane or incompetent persons as declared by
competent authority unless subsequently
declared by proper authority that such person is
no longer insane or incompetent.
Qualifications of party-list nominees (7)
331. A natural- born citizen of the Philippines
332. A registered voter
333. A resident of the Philippines for a period of not
less than 1 year immediately preceding the day
of the election
334. Able to read and write
335. A bona fide member of the party or organization
which he seeks to represent for at least 90 days
preceding the day of the election; and
336. At least 25 years of age on the day of election
Kinds of elections (3)
337. General election
338. Regular election
339. Special election
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 9 of 10
Purpose of an election (1)
340. To give to the people through the qualified
voters a direct participation in the affairs of
this government, either in determining who
shall be their public officials for a certain
period of time or in deciding some question
of public interest
Conditions before COMELEC can favorably act
on a verified petition seeking to declare a
failure of election (3)
341. No voting has taken place or even if there
was voting, the election nevertheless results
in failure to elect;
342. the votes cast would affect the result of the
election; and
343. The cause of such failure of election should
have been force majeure, violence,
terrorism, fraud or other analogous causes.
Powers of the Board of Election Inspectors (3)
344. Conduct the voting and counting of votes in
their respective polling places;
345. Act as deputies of the COMELEC in the
supervision and control of the election in the
polling places wherein they are assigned, to
assure the holding of the same in a free,
orderly and honest manner; and
346. Perform such other functions prescribed by
the Code or by the rules and regulations
promulgated by the COMELEC
Issues that may be raised in a pre-
proclamation controversy (4)
347. Illegal composition or proceeding of the
board of canvassers
348. The canvassed election returns are
incomplete, contain material defects, appear
to be tampered with or falsified, or contain
discrepancies in the same returns or in other
authentic copies thereof
349. The election returns were prepared under
duress, threats, coercion, or intimidation, or
they are obviously manufactured or not
authentic; and
350. When substitute or fraudulent returns in
controverted polling places were canvassed,
the results of which materially affected the
standing of the aggrieved candidate/s
Exceptions to the rule that filing an election
protest precludes the subsequent filing of a pre-
proclamation controversy (5)
351. The Board of Canvassers was improperly
constituted
352. Quo warranto was not the proper remedy;
353. What was filed was not really a petition for quo
warranto or an election protest but a petition to
annul a proclamation as where a party alleges
the existence of manifest errors in the
preparation of election returns
354. The filing of a quo warranto petition or an
election protest was expressly made without
prejudice to the pre- proclamation controversy or
was made ad cautelam; and
355. The proclamation was null and void
Prohibited acts and election offenses under the
Omnibus Election Code (25)
356. Acting as bodyguards or security in the case of
policemen and provincial guards during the
campaign period
357. Appointment of new employees, creation of new
positions, promotion, or giving salary increases
within the election period
358. Appointment or use of special policemen, special
agents or the like during campaign period
359. Construction of public works, etc. during the
prohibited period
360. Conspiracy to bribe voters
361. Coercion of subordinates to vote for or against
any candidate;
362. Coercion of election officials and employees
363. Carrying deadly weapons within the prohibited
area
364. Carrying firearms outside residence or place of
business
365. Release, disbursement or expenditure of public
funds during the prohibited period
366. Illegal release of prisoners before and after
election
367. intervening of public officers and employees in
the civil service in any partisan political activity
368. Dismissal of employees, laborers or tenants for
refusing or failing to vote for any candidate
369. Suspension of elective local official during the
election period without prior approval of the
COMELEC
370. Threats, intimidation, terrorism, use of
fraudulent device or other forms of coercion
371. Transfer of officers and employees in the civil
service within the election period
372. Organization or maintenance of reaction forces,
strike forces, or other similar forces during the
election period
373. OTHERS
374. Wagering upon result of elections
375. Wearing of uniforms and bearing arms outside
the immediate vicinity of ones place of work
ADMIN (finals) T T H H E E W W O O M M E EN N O O F F A A L L E EI I T T H H E EI I A A Atty. Ylagan
Nikki Bellosillo
TRUTH. HONOR. EXCELLENCE
Page 10 of 10
376. Vote- buying and vote- selling
377. Use of undue influence
378. Use of public funds for an election campaign
379. Use of armored land vehicle, water or
aircraft during the campaign period
380. Unlawful electioneering