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ADMINISTRATIVE LAW a.

notice and hearing generally,


- Branch of public law that fixes the not required; only when:
organization of the government and i. the legislature itself requires
determines competence of authorities it and mandates that the
who execute the law and indicates to regulation shall be based on
the individual remedies for the violations certain facts as determined
of his rights. at an appropriate
investigation;
I. ADMINISTRATIVE BODIES OR AGENCIES ii. the regulation is a
settlement of a controversy
- A body, other than the courts and between specific parties;
the legislature, endowed with quasi- considered as an
legislative and quasi-judicial powers for administrative adjudication
the purpose of enabling it to carry out (Cruz, Philippine
laws entrusted to it for enforcement or Administrative Law, p.42 -
execution. 43); or
iii. the administrative rule is in
How Created: the nature of subordinate
1. by constitutional provision; legislation designed to
2. by legislative enactment; and implement a law by
3. by authority of law. providing its details (CIR v.
Court of Appeals, 261 SCRA
II. POWERS OF ADMINISTRATIVE 236).
BODIES: b. publication
1.Quasi-legislative or rule-making 4. Reasonable
power;
2.Quasi-judicial or adjudicatory power; Requisites for Validity of Administrative
and Rules With Penal Sanctions:
3.Determinative powers. 1. law itself must declare as punishable
the violation of administrative rule
A. QUASI-LEGISLATIVE OR RULE- or regulation;
MAKING POWER 2. law should define or fix penalty
In exercise of delegated legislative therefor; and
power, involving no discretion as to 3. rule/regulation must be published.
what law shall be, but merely
authority to fix details in execution Doctrine of Subordinate Legislation
or enforcement of a policy set out in power of administrative agency to
law itself. promulgate rules and regulations on
Kinds: matters of their own specialization.
1. Legislative regulation
a. Supplementary or detailed Doctrine of Legislative Approval by Re-
legislation, e.g. Rules and enactment - the rules and regulations
Regulations Implementing promulgated by the proper
the Labor Code; administrative agency implementing the
b. Contingent regulation law are deemed confirmed and approved
2. Interpretative legislation, e.g. by the Legislature when said law was re-
BIR Circulars enacted by later legislation or through
codification. The Legislature is presumed
Requisites for valid exercise: to have full knowledge of the contents of
1. Issued under authority of law; the regulations then at the time of re-
enactment.

2. Within the scope and purview of the QUASI- QUASI-


law; LEGISLATIVE JUDICIAL
3. Promulgated in accordance with the FUNCTIONS FUNCTIONS
prescribed procedure:
reason for decision rendered.(Ang
1. consists of 1. refers to its end Tibay vs CIR, 69 Phil 635)
issuance of rules product called
and regulations order, reward Substantial Evidence relevant
or decision
evidence as a reasonable mind might
accept as adequate to support a
2. general 2. applies to a
applicability specific conclusion.
situation
Administrative Determinations Where
3. prospective; it 3. present Notice and Hearing Not Necessary:
envisages the determination 1. summary proceedings of distraint
promulgation of of rights, and levy upon property of delinquent
a rule or privileges or taxpayer;
regulation duties as of 2. grant of provisional authority for
generally previous or increase of rates, or to engage in
applicable in the present time or
particular line of business;
future occurrence
3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
B. QUASI-JUDICIAL OR ADJUDICATORY se which affects safety of persons or
POWER property;
5. preventive suspension of officer or
Proceedings partake of nature of
employee pending investigation; and
judicial proceedings.
6. grant or revocation of licenses for
Administrative body granted
permits to operate certain
authority to promulgate its own
businesses affecting public order or
rules of procedure.
morals.
Two necessary conditions:
Administrative Appeal or Review
1. due process; and
1. Where provided by law, appeal from
2. jurisdiction
administrative determination may be
made to higher or superior
Includes the following powers:
administrative officer or body.
1. Prescribe rules of procedure
2. By virtue of power of control of
2. Subpoena power
President, President himself or
3. Contempt Power
through Department Head may
affirm, modify, alter, or reverse
Administrative Due Process:
administrative decision of
1. right to a hearing;
subordinate.
2. tribunal must consider evidence
3. Appellate administrative agency may
presented;
conduct additional hearing in
3. decision must have something to
appealed case, if deemed necessary.
support itself;
4. evidence must be substantial;
Res judicata effect of Administritve
5. decision must be based on evidence
Decisions
adduced at hearing or at least
- has the force and binding effect of a
contained in the record and
final judgment (note: applies only to
disclosed to parties;
judicial and quasi judicial proceedings
6. board of judges must act on its
not to exercise of administrative
independent consideration of facts
functions, Brillantes vs. Castro 99 Phil.
and law of the case, and not simply
497)
accept view of subordinate in
arriving at a decision; and
C. DETERMINATIVE POWERS
7. decision must be rendered in such a
1. enabling permit the doing of an act
manner that parties to controversy
which the law undertakes to
can know various issues involved and
regulate;
2. directing order the doing or to dismissal due to lack of cause of
performance of particular acts to action.
ensure compliance with the law and Exceptions to the Doctrine:
are often exercised for corrective 1. doctrine of qualified political agency
purposes (when the respondent is a
3. dispensing to relax the general department secretary whose acts as
operation of a law or to exempt from an alter ego of the President bears
general prohibition, or relieve an the implied and assumed approval of
individual or a corporation from an the latter); except where law
affirmative duty; expressly provides exhaustion;
4. examining - also called investigatory 2. administrative remedy is fruitless;
power; 3. where there is estoppel on part of
5. summary power to apply administrative agency;
compulsion or force against persons 4. issue involved is purely legal;
or property to effectuate a legal 5. administrative action is patently
purpose without judicial warrants to illegal, amounting to lack or excess
authorize such actions. of jurisdiction;
6. where there is unreasonable delay or
III. EXHAUSTION OF official inaction;
ADMINISTRATIVE REMEDIES 7. where there is irreparable injury or
Whenever there is an available threat thereof, unless judicial
administrative remedy provided recourse is immediately made;
by law, no judicial recourse can 8. in land case, subject matter is
be made until all such remedies private land;
have been availed of and 9. where law does not make exhaustion
exhausted. a condition precedent to judicial
1. Doctrine of Prior Resort or recourse;
(Doctrine of Primary Administrative 10. where observance of the doctrine
Jurisdiction) where there is will result in nullification of claim;
competence or jurisdiction vested 11. where there are special reasons or
upon administrative body to act circumstances demanding immediate
upon a matter, no resort to courts court action; and
may be made before such 12. when due process of law is clearly
administrative body shall have acted violated.
upon the matter.
1. Doctrine of Finality of IV. JUDICIAL REVIEW OF
Administrative Action no resort to ADMINISTRATIVE DECISIONS
courts will be allowed unless When made:
administrative action has been 1. to determine constitutionality or
completed and there is nothing left validity of any treaty, law,
to be done in administrative ordinance, executive order, or
structure. regulation;
2. Judicial Relief from Threatened 2. to determine jurisdiction of any
Administrative Action courts will administrative board, commission
not render a decree in advance of or officer;
administrative action and thereby 3. to determine any other questions
render such action nugatory. It is not of law; and
for the court to stop an 4. to determine questions of facts
administrative officer from when necessary to determine
performing his statutory duty for either:
fear he will perform it wrongly. a. constitutional or jurisdictional
issue;
Effect of Failure to Exhaust b. commission of abuse of
Administrative Remedies: as a general authority; and
rule, jurisdiction of the court is not
affected but the complaint is vulnerable
c. when administrative fact 2. findings are vitiated by fraud,
finding body is unduly imposition or collusion;
restricted by an error of law. 3. procedure which led to factual
findings is irregular;
Modes of review: 4. palpable errors are committed; and
1. Statutory; 5. grave abuse of discretion,
2. Non-statutory inherent power of arbitrariness or capriciousness is
the court to review such manifest.
proceedings upon questions of
jurisdiction and questions of law; Brandeis Doctrine of
3. Direct proceeding; Assimilation of Facts one
4. Collateral attack. purports to be finding of fact but
is so involved with and
General Rule: Findings of facts of dependent upon a question of
Administrative Agencies accorded great latter,courts will review the
weight by the Courts. entire case including the latter.
Exceptions to the Rule: law as to be in substance and
1. factual findings not supported by effect a decision on the .
evidence;
San Beda College of Law
5
MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE two senses:


- right, authority and duty created and 1. may refer to endowments,
conferred by law, by which for a qualities or attributes which
given period, either fixed by law or make an individual eligible for
enduring at pleasure of creating public office;
power, and individual is vested with 2. may refer to the act of entering
some sovereign functions of into performance of functions of
government to be exercised by him public office.
for the benefit of the public.
(Fernandez vs Sto Tomas, 234 SCRA Authority to prescribe qualification:
546) 1. when prescribed by Constitution,
ordinarily exclusive, the legislature
Elements of Public Office: (LSDIP) may not increase or reduce
1. created by law or ordinance qualifications except when
authorized by law; Constitution itself provides
2. possess sovereign functions of otherwise as when only minimum or
government to be exercised for no qualifications are prescribed( ex:
public interests; Art XIII Sec 17 (2), Art VIII Sec 7 (2)
3. functions defined expressly or Consti) ;
impliedly by law; 2. when office created by statute,
4. functions exercised by an officer Congress has generally plenary
directly under control of law, not power to prescribe qualification but
under that of a superior officer such must be:
unless they are functioned conferred a. germane to purpose of office;
by law upon inferior officers, who by and
law, are under control of a superior; b. not too specific so as to refer to
(duties performed independently) only one individual.
and
5. with permanency or continuity, not III. DE FACTO OFFICERS
temporary or occasional. - one who has reputation of being an
officer that he assumes to be, and
Characteristics: yet is not an officer in point of law.
-Public office is a public trust.
-Public office is not property and is - a person is a de facto officer where
outside the commerce of man. It cannot the duties of the office are exercised
be subject of a contract. (Cruz, Law on under any of the following
Public Officers, p.5) circumstances:
1. Without a known appointment or
II. PUBLIC OFFICERS election, but under such
- individuals vested with public office circumstances of reputation or
acquiescence as were calculated
Classification of Public Officers: to induce people, without
1. Executive, legislative and judicial inquiry, to submit to or invoke
officers; his action, supposing him to the
2. Discretionary or ministerial officers; be the officer he assumed to be;
3. Civil or military officers; or
4. Officers de jure or de facto; and 2. Under color of a known and valid
5. National, provincial or municipal appointment or election, but
officials where the officer has failed to
conform to some precedent
requirement or condition (e.g.,
taking an oath or giving a bond);
Eligibility and qualification:
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
6
MEMORY AID IN POLITICAL LAW

3. Under color of a known election points of law to


or appointment, void because: act
a. the officer was not eligible;
3. cannot be 3. may be ousted in
removed in a a direct
b. there was a want of power in
direct proceeding
the electing or appointing proceeding against him.
body;
c. there was a defect or
irregularity in its exercise;
DE FACTO INTRUDER
such ineligibility, want of
OFFICER
power, or defect being
unknown to the public. 1. one who takes
4. Under color of an election or an 1. officer under
any of the 4 possession of an
appointment by or pursuant to a office and
circumstances
public, unconstitutional law, mentioned undertakes to
before the same is adjudged to act officially
be such. without any
authority, either
Note: Here, what is unconstitutional is actual or
apparent
not the act creating the office, but the
act by which the officer is appointed to
an office legally existing. (Norton v. 2. has color of 2. has neither
County of Shelby) right or title to lawful title nor
office color of right or
Requisites: title to office
1. valid existing office;
2. actual physical possession of said
office; 3. acts are valid as 3. acts are
3. color of title to office; to the public absolutely void
until such time and can be
4. by reputation or acquiescence;
as his title to impeached in
5. known or valid appointment or the office is any proceeding
election but officer failed to adjudged at any time
conform with legal requirements; insufficient unless and until
6. known appointment or election but he continues to
void because of ineligibility of act for so long a
officer or want of authority of time as to afford
appointing or electing authority or a presumption of
irregularity in appointment or his right to act
election not known to public; and
4. entitled to 4. not entitled to
7. known appointment or election compensation compensation
pursuant to unconstitutional law for services
before declaration of rendered
unconstitutionality.

DE JURE DE FACTO Legal Effects of Acts


OFFICER OFFICER - valid insofar as they affect the
public
1. rests on the 1. on reputation Entitlement to Salaries
right
General Rule: rightful incumbent may
recover from de facto officer salary
2. has lawful or 2. has possession
title to the and performs the received by latter during time of
office duties under wrongful tenure even though latter
color of right is in good faith and under color of
without being title.(Monroy v. CA, 20 SCRA 620)
technically Exception: when there is no de jure
qualified in all public officer, de facto officer
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
7
MEMORY AID IN POLITICAL LAW

entitled to salaries for period when requirements for appointment to


he actually discharged functions. a regular position in the
(Civil Liberties Union v. Exec. Sec., competitive service, whenever a
194 SCRA 317) vacancy occurs and the filling
Challenge to a De Facto Officer: must be thereof is necessary in the
in a direct proceeding where the title interest of the service and there
will be the principal issue is no appropriate register of
those who are eligible at the
IV. COMMENCEMENT OF OFFICIAL time of appointment;
RELATIONS: 4. Regular made by President
1. by appointment; or while Congress is in session and
2. by election becomes effective after
nomination is confirmed by the
Appointment selection, by authority Commission on Appointments and
vested with power, of individual who is continues until the end of term;
to perform functions of a given office. and
Essentially a discretionary power 5. Ad-interim
and must be performed by the a. Recess -- made while
officer in which it is vested Congress is not in session,
according to his best lights, the before confirmation, is
only condition being that the immediately effective, and
appointee should possess the ceases to be valid if
minimum qualification disapproved or bypassed by
requirements prescribed by law CA upon next adjournment of
for the position (Nachura, Congress;
Reviewer in Political Law, p. b. Midnight made by the
305) President before his term
expires, whether or not this
Commission written evidence of is confirmed by the
appointment. Commission on
Appointments.
Designation imposition of
additional duties, usually by law, on
a person already in public office. Regular Ad interim
appointment appointment
Classification of Appointments: Made during the Made during the
legislative recess
1. Permanent extended to person
session
possessing requisite Made only after Made before
qualification for the position and the nomination such
thus enjoys security of tenure; is confirmed by confirmation
2. Temporary acting the Commission
appointment, given to a non-civil on Appointments
service eligible is without a (CA)
definite tenure and is dependent Once confirmed Shall cease to be
upon the pleasure of the by the CA valid if
appointing power; continues until t disapproved by
he end of the the CA or upon
3. Provisional- is one which may
term of the the next
be issued upon prior appointee adjournment
authorization of the
Commissioner of Civil service in Nepotism all appointments in the
accordance with the provisions national, provincial, city and
of the Civil Service Law and the municipal governments or in any
rule and standards to a person branch or instrumentality thereof,
who has no t qualified in an including GOCC, made in favor of a
appropriate examination but who relative of the (1) appointing or (2)
otherwise meets the
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
8
MEMORY AID IN POLITICAL LAW

recommending authority or of the (3) 1. statutory liability under the Civil


chief of the bureau or office or of Code (Arts. 27, 32 and 34);
the (4) persons exercising immediate 2. When there is a clear showing of bad
supervision over him. A relative is faith, malice or negligence
one within the 3rd degree either of (Administrative Code of 1987);
consanguinity or affinity 3. liability on contracts; and
4. liability on tort .
Vacancy when an office is empty
and without a legally qualified Threefold Liability Rule wrongful
incumbent appointed or elected to it acts or omissions of public officers
with a lawful right to exercise its may give rise to civil, criminal, and
powers and performs its duties. administrative liability. (CAC liability
rule)
Classifications of vacancy:
1. original when an office is Liability of Ministerial Officers:
created and no one has been 1. Nonfeasance neglect or refusal to
appointed to fill it; perform an act which is officers
2. constructive when the legal obligation to perform;
incumbent has no legal right 2. Misfeasance failure to use that
or claim to continue in office degree of care, skill and diligence
and can be legally replaced required in the performance of
by another functionary; official duty; and
3. accidental when the 3. Malfeasance doing, through
incumbent having died, ignorance, inattention or malice, of
resigned, or been removed; an act which he had no legal right to
4. absolute when the term of perform.
an incumbent having expired
and the latter not having Doctrine of Command Responsibility
held over, no successor is in A superior officer is liable for acts of
being who is legally qualified a subordinate when: (ERCAL)
to assume the office. 1. he negligently or willfully employs or
retains unfit or incompetent
V. POWERS AND DUTIES OF A subordinates;
PUBLIC OFFICER: 2. he negligently or willfully fails to
1. Ministerial discharge is imperative require subordinate to conform to
and requires neither judgment nor prescribed regulations;
discretion, mandamus will lie; and 3. he negligently or carelessly oversees
2. Discretionary imposed by law business of office as to furnish
wherein officer has right to decide subordinate an opportunity for
how and when duty shall be default;
performed, mandamus will not lie. 4. he directed or authorized or
cooperated in the wrong; or
II. LIABILITY OF PUBLIC OFFICER 5. law expressly makes him liable.

General Rule: not liable for injuries Under the Revised Admin. Code of
sustained by another as a consequence
1987, A Superior Officer shall be
of official acts done within the scope of
liable for acts of subordinate officers
his authority, except as otherwise
only if he has actually authorized be
provided by law.
written order the specific act or
A Public Officer shall not be civilly misconduct complained.
liable for acts done in the Subordinate officers are also liable
performance of his duties for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
Exceptions: policy and good customs

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
9
MEMORY AID IN POLITICAL LAW

d. grounds if the charge against


Preventive Suspension such officer or employee
- a precautionary measure so involves:
that an employee who is formally i. dishonesty;
charged of an offense may be separated ii. oppression or grave
from the scene of his alleged misconduct;
misfeasance while the same is being iii. neglect in the performance
investigated (Bautista v. Peralta, 18 of duty; or
SCRA 223) iv. if there are reasons to
believe that respondent is
- need not be preceded by prior guilty of the charges which
notice and hearing since it is not a would warrant his removal
penalty but only a preliminary step in an from the service
administrative investigation (Lastimosa e. duration the administrative
v. Vasquez, 243 SCRA 497) investigation must be terminated
within 90 days; otherwise, the
- the period of preventive suspension respondent shall be
cannot be deducted from whatever automatically reinstated unless
penalty may be imposed upon the erring the delay in the disposition of
officer (CSC Resolution No. 90-1066) the case is due to the fault,
negligence or petition of the
respondent, in which case the
PENDING PENDING period of delay shall not be
INVESTIGATION APPEAL counted in computing the period
[Sec.51, E.O.292] [Sec.27(4), E.O. of suspension.
292]
A Presidential Appointee:
1. not a penalty 1. Punitive in a. can only be investigated and
but only a means character removed from office after due
of enabling the notice and hearing by the
disciplinary President of the Philippines
authority to
under the principle that the
conduct an
unhampered
power to remove is inherent in
investigation. the power to appoint as can be
implied from Sec. 5, R.A.2260
2. no compensation 2. If exonerated, (Villaluz v. Zaldivar, 15 SCRA
due for the he should be 710).
period of reinstated with b. the Presidential Commission
suspension even full pay for the Against Graft and Corruption
if found innocent period of (PCAGC) shall have the power to
of the charges. suspension. investigate administrative
complaints against presidential
Rules on Preventive Suspension: appointees in the executive
department of the government,
1. Appointive Officials including GOCCs charged with
Not a Presidential Appointee (Secs. 41- graft and corruption involving
42, P.D. 807): one or a combination of the
a. by whom the proper following criteria:
disciplining authority may i. presidential appointees with
preventively suspend; the rank equivalent to or
b. against whom any subordinate higher than an Assistant
officer or employee under such Regional Director;
authority; ii. amount involved is at least
c. when pending an investigation; P10M;

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
10
MEMORY AID IN POLITICAL LAW

iii. those which threaten - R.A. 3019 makes it mandatory for


grievous harm or injury to the Sandiganbayan to suspend, for
the national interest; and a maximum period of 90 days
iv. those which may be assigned unless the case is decided within a
to it by the President (E.O. shorter period, any public officer
No. 151 and 151-A). against whom a valid information
2. Elective Officials: (Sec 63, R.A. is filed charging violation of:
7160) 1. R.A. 3019;
a. by whom against whom 2. Book II, Title 7, Revised Penal
i. President elective official Code; or
of a province, a highly 3. offense involving fraud upon
urbanized or an independent government or public funds or
component city; property (Cruz, The Law of
ii. Governor elective official Public Officers, pp. 86-87)
of a component city or
municipality; VII. RIGHTS OF PUBLIC OFFICERS:
iii. Mayor elective official of a
barangay 1. Right to Office just and legal claim
b. when at any time after the to exercise powers and
issues are joined; responsibilities of the public
c. grounds: office.
i. reasonable ground to believe Term period during which
that the respondent has officer may claim to hold
committed the act or acts office as a right.
complained of;
ii. evidence of culpability is Tenure period during which
strong; officer actually holds office.
iii. gravity of the offense so
warrants; 2. Right to Salary
iv. continuance in office of the Basis: legal title to office and
respondent could influence the fact the law attaches
the witnesses or pose a compensation to the office.
threat to the safety and Salary compensation provided
integrity of the records and to be paid to public officer
other evidence for his services.
d. duration: Preventive Suspension public
i. single administrative case officer not entitled during the
not to extend beyond 60 period of preventive suspension,
days; but upon exoneration and
ii. several administrative cases reinstatement he must be paid
not more than 90 days full salaries and emoluments
within a single year on the during such period.
same ground or grounds
existing and known at the Back salaries are also payable to
time of the first suspension an officer illegally dismissed or
- Section 24 of the Ombudsman otherwise unjustly deprived of
Act (R.A. 6770) expressly provide his office the right to recover
that the preventive suspension accruing from the date of
shall continue until the case is deprivation. The claim for back
terminated by the Office of the salaries must be coupled with a
Ombudsman but not more than 6 claim for reinstatement and
months without pay. The subject to the prescriptive
preventive suspension for 6 period of one (1) year. (Cruz,
months without pay is thus Law on Public Officers, p126-
according to law (Lastimosa v. 126)
Vasquez, 243 SCRA 497)

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
11
MEMORY AID IN POLITICAL LAW

Forms of Compensation: promotions must be submitted


a. salary personal simultaneously for approval by
compensation to be paid to the Commission, the disapproval
public officer for his services of the appointment of a person
and it is generally a fixed proposed to a higher position
annual or periodical payment invalidates the promotion of
depending on the time and those in the lower positions and
not on the amount of the automatically restores them to
service he may render; their former positions.
b. per diem allowance for
days actually spent in the 4. Right to vacation leave and sick
performance of official leave with pay;
duties;
c. honorarium something 5. Right to maternity leave;
given as not as a matter of
obligation, but in 6. Right to pension and gratuity;
appreciation for services Pension regular allowance paid
rendered; to an individual or a group of
d. fee payment for services individuals by the government in
rendered or on commission consideration of services
on moneys officially passing rendered or in recognition of
through their hands; and merit, civil or military.
e. emoluments profits arising Gratuity a donation and an act
from the office, received as of pure liberality on the part of
compensation for services or the State.
which is annexed to the
office as salary, fees, or 7. Right to retirement pay;
perquisites.
8. Right to reimbursement for
3. Right to Preference in Promotion expenses incurred in performance of
Promotion movement from one duty;
position to another with increase
in duties and responsibilities as 9. Right to be indemnified against any
authorized by law and usually liability which they may incur in
accompanied by an increase in bona fide discharge of duties; and
pay.
10. Right to longevity pay.
Next-in-Rank Rule the person
next in rank shall be given 11. Right to Self-Organization
preference in promotion when the Art III, Sec 8 1987Consti. Note: Civil
position immediately above his is servants are now given the right to self
vacated. But the appointing organize but they may not stage strikes
authority still exercises his (see: SSS Employees Assoc. vs. CA, 175
discretion and is not bound by this SCRA 686)
rule.
Appointing officer is only
required to give special VIII. MODES OF TERMINATION
reasons for not appointing OFFICIAL RELATIONSHIP:
officer next in rank if he fills (TR3A3P DIFC2IT)
vacancy by promotion in 1. expiration of term or tenure;
disregard of the next in rank 2. reaching the age limit;
rule. (Pineda vs. Claudio, 28 3. resignation;
SCRA 34) 4. recall;
5. removal;
Automatic Reversion Rule all 6. abandonment;
appointments involved in chain of 7. acceptance of incompatible office;

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
12
MEMORY AID IN POLITICAL LAW

8. abolition of office; f. Municipal Mayors and Vice


9. prescription of right to office (within Mayors/City Mayors and Vice
one year after the cause of ouster or Mayors of component cities -
the right to hold such office or Provincial Governor;
position arose); g. Sanggunian Members
10. impeachment; Sanggunian concerned; and
11. death; h. Elective Barangay Officials
12. failure to assume elective office Municipal or City Mayors
within 6 months from proclamation;
13. conviction of a crime; and Recall - termination of official
14. filing of certificate of candidacy. relationship for loss of confidence
prior to expiration of his term
When public officer holds office at through the will of the people.
pleasure of appointing power, his
replacement amounts to expiration Limitations on Recall:
of his term, not removal.(Alajar vs 1. any elective official may be subject
Alba, 100 Phil 683) of a recall election only once during
his term of office for loss of
Principle of Hold-Over if no express or confidence; and
implied Constitutional or statutory 2. no recall shall take place within one
provision to the contrary, public officer year from date of the officials
is entitled to hold office until successor assumption to office or one year
has been chosen and shall have immediately preceding a regular
qualified. local election.
Purpose: to prevent hiatus in public
office. (But subject to Art. 237 of Procedure for Recall (Secs. 70-72, R.A.
RPC) 7160)
1. Initiation of the Recall Process:
Retirement: a. by a Preparatory Recall
Assembly (PRA) composed of:
Members of Judiciary : 70 years of i. Provincial mayors, vice
age mayors and sanggunian (sg)
Other government officers and members of the
employees : 65 years of age municipalities and
Optional retirement age: after component cities;
rendition of minimum number of ii. City punong barangay and
years of service. (sg) barangay members;
iii. Legislative District:
Accepting Authority for Resignation: iiia. SG Panlalawigan
1. to competent authority provided by municipal officials in
law; the district;
2. If law is silent and public officer is iiib. SG Panglunsod
appointed, tender to appointing barangay officials in
officer; the district;
3. If law is silent and public officer is iv. Municipal - punong barangay
elected, tender to officer authorized and (sg) barangay members;
by law to call election to fill majority of the PRA members
vacancy: shall convene in session in a
a. President and Vice-President - public place;
Congress recall of the officials
b. Members of Congress - concerned shall be validly
respective Chambers initiated through a resolution
e. Governors, Vice Governors, adopted by a majority of all
Mayors and Vice Mayors of HUCs the PRA members concerned
and independent component
cities - President.
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
13
MEMORY AID IN POLITICAL LAW

b. by the Registered Voters (RV) in


the province, city, municipality 3. Election on Recall COMELEC shall
or barangay (LGU) concerned - set the date of the election on
at least 25% of the total number recall:
of RV in the LGU concerned a. for barangay, city or municipal
during the election in which the officials not later than 30 days
local official sought to be after the filing of the resolution
recalled was elected; or petition;
i. written petition filed with b. for provincial officials - not later
the COMELEC in the presence than 45 days after the filing of
of the representative of the the resolution or petition;
petitioner and a 4. Effectivity of Recall only upon the
representative of the official election and proclamation of a
sought to be recalled, and in successor in the person of the
a public place of the LGU; candidate receiving the highest
ii. COMELEC shall cause the number of votes cast during the
publication of the petition in election on recall.
a public and conspicuous Should the official sought to be
place for a period of not less recalled receive the highest
than 10 days nor more than number of votes, confidence in
20 days him is thereby affirmed, and he
iii. upon lapse of the said shall continue in office.
period, COMELEC 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

ELECTION LAW
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
14
MEMORY AID IN POLITICAL LAW

I.SUFFRAGE Peter Sison v. COMELEC,


- right to vote in election of G.R. No. 134096, March 3,
officers chosen by people and in 1999)
the determination of questions
submitted to people. It includes: What is common in these
1.election; three instances is the
2.plebiscite; resulting failure to elect. In
3.initiative; and the first instance, no
4.referendum. election is held while in the
second, the election is
Election means by which people suspended. In the third
choose their officials for a definite instance, circumstances
and fixed period and to whom they attending the preparation,
entrust for time being the exercise transmission, custody or
of powers of government. canvass of the election
Kinds: returns cause a failure to
1. Regular election one provided elect. The term failure to
by law for election of officers elect means nobody emerged
either nationwide or in certain as a winner. (Pasandalan vs.
subdivisions thereof, after Comelec, G.R. No. 150312,
expiration of full term of former July 18, 2002)
members; and The causes for the
2. Special election one held to fill declaration of a failure of
vacancy in office before election may occur before or
expiration of full term for which after the casting of votes or
incumbent was elected. on the day of the election.
(Sec. 4, R.A. 7166)
Failure of Elections there are The COMELEC shall call for
only 3 instances where a failure of the holding or continuation
elections may be declared, namely: of the election on a date
a. The election in any polling reasonably close to the date
place has not been held on of the election not held,
the date fixed on account of suspended, or which resulted
force majeure, violence, in a failure to elect but not
terrorism, fraud, or other later than 30 days after the
analogous causes; cessation of the cause of
b. The election in any polling such suspension or failure to
place had been suspended elect. (Sec. 6, B.P. 881)
before the hour fixed by law
In such election, the location
for the closing of the voting
of polling places shall be the
on account of force
same as that of the
majeure, violence,
preceding regular election.
terrorism, fraud, or other
However, changes may be
analogous causes; and
initiated by written petition
c. After the voting and during
of the majority of the voters
the preparation and
of the precinct or agreement
transmission of the election
of all the political parties or
returns or in the custody or
by resolution of the Comelec
canvass thereof such
after notice and hearing.
election results in a failure
(Cawasa vs. Comelec, G.R.
to elect on account of force
No. 150469, July 3, 2002)
majeure, violence,
terrorism, fraud or other
analogous causes. (Joseph

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
15
MEMORY AID IN POLITICAL LAW

Postponement of Elections - An principles and policies for the general


election may be postponed by the conduct of government and which, as
COMELEC either motu proprio or upon the most immediate means of securing
a verified petition by any interested their adoption, regularly nominates and
party when there is violence, supports certain of its leaders and
terrorism, loss or destruction of members as candidate in public office.
election paraphernalia or records, (Bayan Muna v. Comelec, GR No. 147613,
force majeure, or other analogous June 28, 2001)
cause of such a nature that the
holding of a free, orderly and honest To acquire juridical personality
election becomes impossible in any and to entitle it to rights and
political subdivision. (Sec. 5, B.P. privileges granted to political
881) parties, it must be registered
with COMELEC
The COMELEC shall call for the
holding of the election on a date policies for the general conduct
reasonably close to the date of of government and which, as the
the election not held, most immediate means of
suspended, or which resulted in securing their adoption,
a failure to elect but not later regularly nominates and supports
than 30 days after the cessation certain of its leaders and
of the cause for such members as candidate in public
postponement or suspension of office. (Bayan Muna v. Comelec,
the election or failure to elect. GR No. 147613, June 28, 2001)
(Sec. 5, B.P. 881)
To acquire juridical personality
Qualification for Suffrage: and to entitle it to rights and
1. Filipino citizen; privileges granted to political
2. At least 18 years of age; parties, it must be registered
3. Resident of the Philippines for at with COMELEC.
least one year;
4. Resident of place where he proposes Groups Disqualified for Registration:
to vote for at least 6 months; and 1. religious denominations or sects;
5. Not otherwise disqualified by law. 2. those who seek to achieve their
goals through violence or unlawful
Disqualification: means;
1. person convicted by final judgment 3. those who refuse to uphold and
to suffer imprisonment for not less adhere to Constitution; and
than 1 year, unless pardoned or 4. those supported by foreign
granted amnesty; but right governments.
reacquired upon expiration of 5
years after service of sentence; Grounds for Cancellation of
2. person adjudged by final judgment Registration:
of having committed any crime
involving disloyalty to government or 1. accepting financial contributions
any crime against national security; from foreign governments or their
but right is reacquired upon agencies; and
expiration of 5 years after service of 2. failure to obtain at least 10% of
sentence; and votes casts in constituency where
3. insane or incompetent persons as party fielded candidates.
declared by competent authority
(Sec. 118, OEC).

II. POLITICAL PARTY Party System a free and open party


- organized group of citizens system shall be allowed to evolve
advocating an ideology or platform, according to free choice of people.
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
16
MEMORY AID IN POLITICAL LAW

no votes cast in favor of political through any of its officers or


party, organization or coalition members or indirectly through
shall be valid except for those third parties for partisan
registered under the party-list election purposes;
system provided in the e. it violates or fails to comply with
Constitution; laws, rules or regulation relating
to elections;
political parties registered under f. it declares untruthful statements
party-list system shall be in its petition;
entitled to appoint poll watchers g. it has ceased to exist for at least
in accordance with law; and one (1) year; or
part-list representatives shall h. it fails to participate in the last
constitute 20% of total number two (2) preceding elections or
of representatives in the House. fails to obtain at least two per
centum (2%) of the votes cast
Guidelines for screening party-list under the party-list system in
participants two (2) preceding elections for
1. The political party, sector, the constituency in which it has
organization or coalition must registered.
represent the marginalized and 5. the party or organization must not
underrepresented groups identified be an adjunct of, or a project
in Sec. 5 of RA 7941. Majority of its organized or an entity funded or
member-ship should belong to the assisted by, the government.
marginalized and underrepresented; 6. the party, including its nominees
2. While even major political parties must comply with the qualification
are expressly allowed by RA 7941 and requirements of section 9, RA 7941
the Constitution, they must comply as follows: No person shall be
with the declared statutory policy of nominated as party-list
Filipino citizens belonging to representative unless he is: (a)
marginalized and under-represented natural-born citizen of the
sectors to be elected to the House of Philippines; (b) a registered voter;
Representatives. Thus, they must (c) a resident of the Philippines for a
show that they represent the period of not less than one year
interest of the marginalized and immediately preceding the day of
underrepresented. the election; (d) able to read and
3. That religious sector may not be write; (e) a bona fide member of the
represented in the party-list system; party or organization which he seeks
except that priests, imam or pastors to represent for at least 90 days
may be elected should they preceding the day of the election;
represent not their religious sect but and (f) at least 25 years of age on
the indigenous community sector; the day of the election. In case of a
4. A party or an organization must not nominee of the youth sector, he must
be disqualified under Sec. 6, RA 7941 at least be twenty five (25) but not
as follows: more than thirty (30) years of age on
a. it is a religious sect or the day of the election. Any youth
denomination, organization or sectoral representative who attains
association organized for the age of thirty (30) during his term
religious purposes; shall be allowed to continue in office
b. it advocates violence or unlawful until the expiration of his terms;
means to seek its goals;
c. it is a foreign party or
organization; 7. not only the candidate party or
d. it is receiving support from any organization must represent
foreign government, foreign marginalized and underrepresented
political party, foundation, sectors, so also must its nominees;
organization, whether directly or

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
17
MEMORY AID IN POLITICAL LAW

8. while lacking the a well-defined 2. to cause confusion among voters by


political constituency, the nominee similarity of names of registered
must likewise be able to contribute candidates;
to the formation and enactment of 3. by other circumstances or acts which
appropriate legislation that will demonstrate that a candidate has no
benefit the nation as a whole. (Ang bona fide intention to run for office
Bagong Bayani-OFW Labor Party, v. for which certificate has been filed,
COMELEC, GR No. 147589, June 26, and thus prevent a faithful
2001). determination of true will of
electorate.
III. DISQUALIFICATION OF
CANDIDATES: IV. FAIR ELECTIONS ACT OF 2001 (RA
1. declared as incompetent or insane 9006)
by competent authority;
2. convicted by final judgment for Lawful election Propaganda (sec. 3):
subversion, insurrection, rebellion or
any offense for which he has been 1. Written/Printed Materials (does not
sentenced to a penalty of 18 months exceed 8 in. width by 14 in.
imprisonment; length)
3. convicted by final judgment for 2. Handwritten/printed letters
crime involving moral turpitude; 3. Posters (not exceeding 2 x 3 ft.)
4. any person who is permanent 3 by 8 ft. allowed in
resident of or immigrant to a foreign announcing, at the site and
country; and on the occasion of a public
5. one who has violated provisions on: meeting or rally, may be
a. campaign period; displayed 5 days before the
b. removal, destruction of lawful date of rally but shall be
election propaganda; removed within 24 hours
c. prohibited forms of propaganda; after said rally.
d. regulation of propaganda 4. Print Ads
through mass media; and
e. election offenses. page in broadsheets and
page in tabloids thrice a
- When a candidate has not yet been week per newspaper,
disqualified by final judgment during magazine or other
the election day and was voted for, publication during the
the votes cast in his favor cannot be campaign period
declared stray. To do so would 5. Broadcast Media (i.e. TV and
amount to disenfranchising the Radio)
electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De NATIONAL LOCAL
Venecia, G.R. No. 150605, December POSITIONS POSITIONS
10, 2002)
1. 120 minutes 1. 60 minutes
for TV for TV
Nuisance Candidate
COMELEC may motu propio 2. 180 minutes 2. 90 minutes
or upon petition of for Radio for Radio
interested party, refuse to
give due course to or cancel Prohibited Campaign
certificate of candidacy if 1. Public exhibition of movie,
shown that said certificate cinematograph or documentary
was filed: portraying the life or biography of a
1. to put election process in mockery or candidate during campaign period;
disrepute; 2. Public 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 MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
18
MEMORY AID IN POLITICAL LAW

personality who is himself a - In case of valid substitutions


candidate; after the officials ballots have been
3. Use of airtime for campaign of a printed, the votes cast for the
media practitioner who is an official substituted candidates shall be
of a party or a member of the considered as stray votes but shall not
campaign staff of a candidate or invalidate the whole ballot. For this
political party; purpose, the official ballots shall provide
for spaces where the voters may write
Limitation on Expenses: the name of the substitute candidates if
1. for candidates: they are voting for the latter: Provided,
President and Vice President however, That if the substitute
= P10/voter; candidate is of the same family name,
this provision shall not apply.(Sec.12)
Other candidates, if with
party = P3/voter; V. PRE-PROCLAMATION
Other candidates, if without CONTROVERSY
party = P5/voter. Any question pertaining to or
2. for political parties = P5/voter affecting proceedings of Board of
Canvassers which may be raised
Statement of Contribution and by any candidate or by a
Expenses registered political party or
every candidate and treasurer of coalition of political parties
political party shall, within 30 days before the board or directly with
after day of election, file offices of COMELEC or any matter raised
COMELEC the full, true and itemized under Sections 233, 234, 235,
statement of all contribution and and 236, in relation to
expenditures in connection with preparation, transmission,
election. receipt, custody and
appreciation of election returns.
Election Survey
Issues which may be raised in a Pre-
The SC held that Sec. 5.4 of the Fair Proclamation Controversy:
Election Act prohibiting publication 1. Illegal composition or proceedings of
of survey results 15 days the board of Canvassers;
immediately preceding a national 2. Canvassed election returns are
election and 7 days before a local incomplete, contain material
election violates the constitutional defects, appears to be tampered
rights of speech, expression, and the with or falsified; or contain
press because: discrepancies in the same returns or
it imposes a prior restraint on in other authentic copies thereof as
the freedom of expression; mentioned in Sec. 233,234,235 and
It is a direct and total 236 of BP 881;
suppression of a category of 3. Election returns were prepared
expression even though such under duress, threat, coercion, or
suppression is only for a limited intimidation, or they are obviously
period; and manufactured or not authentic; and
the governmental interest sought 4. When substitute of fraudulent
to be promoted can be achieved returns in controverted polling
by means other than the places were canvassed, the results of
suppression of freedom of which materially affected the
expression. (Social Weather standing of the aggrieved
Station v. Comelec, G.R. No. candidate/s.
147571 May 5, 2001)

Substituted and Substitute Candidate


III. ELECTION CONTESTS
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
19
MEMORY AID IN POLITICAL LAW

petition for review on Certiorari


Nature: special summary proceeding with SC within 30 days from
object of which is to expedite receipt of decision on ground of
settlement of controversies between grave abuse of discretion
candidates as to who received majority amounting to lack or excess of
of legal votes. jurisdiction or violation of due
Purpose: to ascertain true will of people process;
and duly elected officer, and this could 3. For decisions of Electoral Tribunal
be achieved by throwing wide open the
appeal before the court. petition for review on Certiorari
with SC on ground of grave abuse
Contest: any matter involving title or of discretion amounting to lack
claim of title to an elective office, made or excess of jurisdiction or
before or after proclamation of winner, violation of due process.
whether or not contestant is claiming
office in dispute. Actions Which May Be Filed:
Election, Returns and qualification 1. Election Protest
refers to all matters affecting validity of - May be filed by any candidate who
the contestees title to the position. has filed a certificate of candidacy
and has been voted upon for the
Election conduct of the polls, same officer;
including the registration of voters, Grounds:
holding of election campaign, and a. fraud;
casting and counting of votes. b. terrorism;
c. irregularities; or
Returns include the canvass of d. illegal acts
returns and proclamation of winners, committed before, during, or
together with questions concerning after casting and counting of
composition of Board of Canvassers votes
and authenticity of election returns. Time to file: within 10 days from
proclamation of results of election.
Qualifications matter which could
be raised in a quo warranto 2. Quo warranto
proceedings against the proclaimed - Filed by any registered voter in the
winner, such as his disloyalty to the constituency
Republic or his ineligibility or
inadequacy of his certificate of Grounds:
candidacy. a. ineligibility; or
b. disloyalty to Republic.
Original Exclusive Jurisdiction Over Time to file: within 10 days from
Election Contests proclamation of results of election.
1. President and Vice-President -
Supreme Court en banc QUO WARRANTO QUO WARRANTO
2. Senator - Senate Electoral Tribunal IN ELECTIVE IN APPOINTIVE
3. Representative - HR Electoral OFFICE OFFICE
Tribunal 1. determination is 1. determination is
4. Regional/Provincial/City - COMELEC eligibility of legality of
5. Municipal - RTC candidate-elect appointment
6. Barangay - MTC 2. when person 2. court may
elected is determine as to
declared who among the
Appellate Jurisdiction:
ineligible, court parties has legal
1. For decisions of RTC and MTC cannot declare 2nd title to office
appeal to COMELEC whose placer as elected,
decision shall be final and even if eligible
executory;
2. For decisions of COMELEC IV. ELECTION OFFENSES
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
20
MEMORY AID IN POLITICAL LAW

promise of any office or


Vote-Buying and Vote-Selling employment, public or private,
(1) Any person who gives, offers for any of the foregoing
or promises money or anything of considerations. (Sec. 261, B.P.
value, gives or promises any 881)
office or employment, franchise
or grant, public or private, or
makes or offers to make an One of the effective ways of
expenditure, directly or preventing the commission
indirectly, or cause an of vote-buying and of
expenditure to be made to any prosecuting those
person, association, corporation, committing it is the grant of
entity, or community in order to immunity from criminal
induce anyone or the public in liability in favor of the
general to vote for or against any party (person/s) whose vote
candidate or withhold his vote in was bought. This grant of
the election, or to vote for or immunity will encourage the
against any aspirant for the recipient or acceptor to
nomination or choice of a come into the open and
candidate in a convention or denounce the culprit-
similar selection process of a candidate, and will ensure
political party. the successful prosecution of
(2) Any person, association, the criminal case against the
corporation, group or community latter. (Comelec vs. Hon.
who solicits or receives, directly Tagle, G.R. Nos. 148948 &
or indirectly, any expenditure or 148951, February 17, 2003)

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
21
MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991


(R.A. 7160) 1. Territorial and subdivisions of State
shall enjoy genuine and meaningful
Effectivity: January 1, 1992 local autonomy to enable them to
attain fullest development and make
Scope of Application of Local them more effective partners in
Government Code: attaining national goals;
Applicable to: 2. Ensure accountability of LGUs
1. all provinces, through institution of effective
2. cities, mechanisms of recall, initiative and
3. municipalities, referendum; and
4. barangays; 3. Require all national agencies and
5. and other political subdivisions offices to conduct periodic
as may be created by law; and consultations with appropriate
6. to the extent provided in the LGUs, NGOs and Peoples
Local Government Code: Organizations and other concerned
a. to officials, sector of community before any
b. offices, or project or program is implemented
c. agencies of the National in their respective jurisdictions.
Government.
Rules on Interpretation:
Local Autonomy in its constitutional 1. provision on power: liberally
sense, to polarize LGUs from over interpreted in favor of LGU; in case
dependence on central government and of doubt, resolved in favor of
do not make LGUs mini-republics or devolution of powers;
imperium in imperia. 2. ordinance or revenue measure:
construed strictly against LGU
Decentralization of Administration enacting it and liberally in favor of
central government delegates tax payer;
administrative powers to political 3. tax exemptions, incentive or relief
subdivisions in order to broaden base of granted by LGU: construed against
government power and in process make person claiming;
LGUs more responsive and accountable 4. general welfare provisions: liberally
and ensure their fullest development as interpreted to give more powers to
self-reliant communities and make them LGUs in accelerating economic
effective partners in the pursuit of development and upgrading quality
national development and social of life for people in community;
progress. 5. rights and obligations existing on
date of effectivity of LGC of 1991
Decentralization of Power involves and arising out of contracts or any
abdication of political power in favor of other source of prestation involving
LGUs declared autonomous.(Limbona v. LGU, shall be governed by original
Mengelin, 170 SCRA 786). terms and conditions of said
contracts or law in force at time
Devolution act by which national such rights were vested; and
government confers power and authority 6. resolution of controversies arising
upon various LGUs to perform specific under LGC of 1991 where no legal
functions and responsibilities.[Sec.17(e), provision or jurisprudence applies,
par.2, LGC]. resort may be had to customs and
traditions in place where
controversies take place.
II. PUBLIC CORPORATION
Declaration of Policy:
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
22
MEMORY AID IN POLITICAL LAW

- one formed and organized for the SUBDIVISIONS ENJOYING


government of a portion of the State. LOCAL AUTONOMY:
1. Province cluster of municipalities,
Elements of Public Corporation: or municipalities and component
1. legal creation or incorporation; cities, and serves as dynamic
2. corporate name; mechanism for developmental
3. inhabitants; and processes and effective governance
4. territory. of LGUs within its territorial
jurisdiction.
Classes of Corporation:
1. Quasi-corporation public 2. City composed of more urbanized
corporations created as agencies of and developed barangays, serves as
State for narrow and limited a general purpose government for
purposes. coordination and delivery of basic,
2. Municipal corporation body politic regular and direct services and
and corporate constituted by effective governance of inhabitants
incorporation of inhabitants of city within its territorial jurisdiction;
or town purposes of local
government thereof or as agency of 3. Municipality consisting of group of
State to assist in civil government of barangays, serves primarily as a
the country. general purpose government for
3. Quasi-public corporation private coordination and delivery of basic,
corporation that renders public regular and direct services and
service or supplies public wants. effective governance of inhabitants
within its territorial jurisdiction;
PUBLIC PRIVATE
CORPORATION CORPORATION 4. Barangay basic political unit which
serves as primary planning and
1. established for 1. created for private implementing unit of government
purposes of aim, gain or benefit policies, plans, programs, projects
administration of of members and activities in community, and as a
civil and local forum wherein collective views of
governments
people may be expressed,
2. creation of State 2. created by will of crystalized and considered and
either by special or incorporators with where disputes may be amicably
general act recognizance of State settled;

3. involuntary 3. voluntary 5. Autonomous Regions created for


consequence agreement by and decentralization of administration or
legislation among members decentralization of government; and

6. Special metropolitan political


III. DE FACTO MUNICIPAL subdivisions created for sole
CORPORATION purpose of coordination of delivery
of basic services.
Requisites:
1. valid law authorizing incorporation; Creation of Municipal Corporations
2. attempt in good faith to organize 1. For province, city or municipality,
under it; only by Act of Congress;
3. colorable compliance with law; and 2. For barangays, ordinance passed by
4. assumption of corporate powers. respective Sanggunian

IV. TERRITORIAL AND POLITICAL

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
23
MEMORY AID IN POLITICAL LAW

Plebiscite Requirement organization shall become vested in


approved by a majority of government of municipality.
the votes cast in a plebiscite
called for the purpose in the V. POWERS OF LGUs
political unit/s directly
affected (Sec. 10, R.A. 7160) Classification of Powers of Local
Based on verifiable Government Units
indicators of viability and 1. Express, implied and inherent;
projected capacity to 2. Public or governmental, private or
provide services (Sec. 7, R.A. proprietary;
7160) [Note: see Annex C] 3. Intramural and extramural; and
4. Mandatory and directory; ministerial
Beginning of Corporate Existence and discretionary.
upon election and qualification
of its chief executive and Governmental Powers of LGU:
majority of members of its 1. General Welfare (Sec. 16, R.A.
Sanggunian, unless some other 7160) statutory grant of police
time is fixed therefore by law or power to LGUs. It is limited to:
ordinance creating it. a. territoriality;
b. equal protection clause;
Mode of Inquiry to Legal
c. due process clause; and
Existence of LGU: Quo warranto
d. must not be contrary to law.
which is reserved to State or
2. Delivery of basic services and
other direct proceedings
facilities (Sec. 17, of R.A. 7160);
3. Power to generate and apply
Abolition of LGU:
resources (Sec. 18, of R.A. 7160);
When income, population, or land 4. Eminent Domain (Sec. 19, of R.A.
area of LGU has been reduced to less 7160);
than minimum standards prescribed Additional Limitations for Exercise
for its creation. The law or by LGU:
ordinance abolishing LGU shall a. exercise by local chief executive
specify the province, city, pursuant to an ordinance;
municipality or barangay with which b. for public use, purpose or
LGU sought to be abolished will be welfare for benefit of poor and
incorporated or merged. landless;
c. payment of just compensation;
Division and Merger of LGUs and
shall comply with same d. only after valid and definite
requirements, provided: offer had been made to, and not
1. shall not reduce income, population accepted by owner.(Municipality
or land area of LGU concerned to of Paraaque v. V.M. Realty
less than the minimum requirements Corp., 292 SCRA 678)
prescribed; 5. Reclassification of Lands (Sec. 20
2. income classification of original LGU of RA 7160)
shall not fall below its current Limited by following percentage of
income classification prior to total agricultural land area:
division; a. for HUC and independent
3. Plebiscite be held in LGUs affected. component cities: 15%;
4. Assets and liabilities of creation shall b. for component cities and 1st to
be equitably distributed between the 3rd class municipalities: 10% ;
LGUs affected and new LGU. When and
municipal district of other territorial c. for 4th to 6th class municipalities:
divisions is converted or fused into a 5%.
municipality all property rights 6. Closure and opening of roads (Sec.
vested in original territorial 21 of RA 7160)

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
24
MEMORY AID IN POLITICAL LAW

In case of permanent closure: Barangay Chairman has no


a. adequate provision for public veto power.
safety must be made; and Corporate Powers of LGU:
b. may be properly used or 1. to have continuous succession in its
conveyed for any purpose for corporate name;
which other real property may 2. to sue and be sued;
be lawfully used or conveyed; 3. to have and use a corporate seal;
provided no freedom park be 4. to acquire and convey real or
permanently closed without personal property;
provisions or transfer to new 5. power to enter into contracts;
site. Requisites of valid municipal
7. Local legislative power (Secs. 48- contracts:
59 of RA 7160) a. LGU has express, implied, or
Approval of ordinances: inherent power to enter into a
a. local chief executive with his particular contract;
signature on each and every b. Entered into by proper
page; department, board, committee,
b. if local chief executive vetoes or agent;
the same, may be overridden by c. Must comply with substantive
2/3 vote of all sanggunian requirements;
members; d. Must comply with formal
(i) grounds for veto: requirements; and
ordinance is ultra vires e. In case entered into by local
or prejudicial to public chief executive on behalf of
welfare; LGU, prior authorization by
(ii) local chief executive Sanggunian concerned is
may veto particular needed
item/s of appropriation 6. to exercise such other powers as
ordinance, adoption of granted to corporation, subject to
local development plan limitations provided in Local
and public investment Government Code of 1991 and other
plan, or ordinance laws.
directing payment of
money or creating VI. MUNICIPAL LIABILITY:
liability; and
(iii) local chief executive Rule: Local government units and their
may veto an ordinance officials are not exempt from liability for
only once; death or injury to persons or damage to
c. veto communicated to property (Sec. 24, R.A. 7160)
sanggunian within 15 days for 1. Statutory provisions on liability:
province and 10 days for city or a. Art. 2189, Civil Code defective
municipality. condition of roads, streets,
bridges, public buildings, and
Requisites for validity: other public works;
a. must not contravene the b. Art. 2180(6th par.), Civil Code
Constitution and any statute; acts through a special agent;
b. must not be unfair or oppressive; d. Art. 34, Civil Code failure or
c. must not be partial or refusal of a member of the
discriminatory; police force to render aid and
d. must not prohibit, but may protection in case of danger to
regulate trade; life and property
e. must not be unreasonable; and 2. for Tort depends if engaged in:
f. must be general in application a. governmental functions not
and consistent with public policy. liable;
b. proprietary functions liable

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
25
MEMORY AID IN POLITICAL LAW

3. for Violation of Law punishable by 1 year or more of


4. for Contracts if contract is: imprisonment within 2 after service
a. intra vires liable; of sentence;
b. ultra vires not liable 2. those removed from office due to
Doctrine of Implied Municipal administrative cases;
Liability a municipality may 3. those convicted by final judgment
become obligated upon an for violating oath of allegiance to
implied contract to pay the the Republic;
reasonable value of the benefits 4. those with dual citizenship;
accepted or appropriated by it as 5. fugitives from justice in criminal or
to which it has the general non-political cases here or abroad;
power to contract (Province of 6. permanent resident in foreign
Cebu v. IAC, 147 SCRA 447); the country; and
doctrine applies to all cases 7. insane or feeble-minded.(Sec.40,
where money or other property RA.7160)
of a party is received under such
circumstances that the general VIII. MANNER OF ELECTION
law, independent of an express 1. Elected at large
contract, implies an obligation to a. Governor; Vice Governor;
do justice with respect to the b. City or municipal mayor; City or
same (Nachura, Reviewer in municipal vice-mayor;
Political Law, p. 431) c. Punong barangay,
d. SK chairman, elected by voters
VII. QUALIFICATION OF ELECTIVE of Katipunan ng Kabataan
LOCAL OFFICIALS:
1. citizen of the Philippines; 2. Elected by District
2. registered voter of barangay, a. regular members of Sanggunian
municipality, city, province, or b. ex-officio members of
district where he intends to be Sanggunian
elected; (i.) panlalawigan
3. resident therein for at least 1 year president of leagues of
preceding election; sanggunian members of
4. able to read and write Filipino or component cities and
local language or dialect; and municipalities; and
5. age: president of liga ng mga
a. 23 years of age Governor, Vice barangay and pederasyon
Governor, Board Member, Mayor, ng mga sanggunian
Vice Mayor or Member of City kabataan
Council for HUCs. (ii.) panlunsod
b. 21 years of age Mayor or Vice president of liga ng mga
Mayor of ICCs, component cities barangay and the
or municipalities; pederasyon ng mga SB
c. 18 years of age members of (iii.) bayan
ICC or component city or president of liga ng mga
municipal council or punong barangay and the
barangay or member of pederasyon ng mga
barangay council; sanggunian kabataan
d. at least 15 but not 21 years of
age candidate for sanggunian 3. Sectoral representatives women,
kabataan. worker, urban poor, and other
(Sec. 39, RA 7160) sectors allowed by law.

Disqualification of Elective Local Date of Election: Every 3 years on


Official: 2nd Monday of May, unless otherwise
1. sentenced by final judgment for provided by law.
offense involving moral turpitude or
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
26
MEMORY AID IN POLITICAL LAW

3. dishonesty, oppression, misconduct


Term of Office: 3 years starting in office, gross negligence or
from noon of June 30 next following dereliction of duty;
the election or such date as may be 4. commission of offense involving
provided by law, except that of moral turpitude or offense
elective barangay officials, for punishable by at least prision mayor;
maximum of 3 consecutive terms in 5. abuse of authority;
same position. 6. unauthorized absence for 15
Consecutive: After three consecutive working days except
consecutive terms, an elective sanggunian members;
local official cannot seek 7. application for, acquisition of ,
immediate reelection for a foreign citizenship or residence or
fourth term. The prohibited status of an immigrant of another
election refers to the next country; and
regular election for the same 8. such other grounds as may be
office following the end of the provided in EC and other laws
third consecutive term. Any
other subsequent election, like a Under Sec. 60 of RA 7160 an
recall election is no longer elective local official may be
covered by the prohibition removed from office on the
(Socrates vs. Comelec, G.R. No. grounds enumerated above
154512, November 12, 2002). by order of the proper court
only (Salalima vs Guingona,
IX. GROUNDS FOR DISCIPLINARY 257 SCRA 55)
ACTIONS:
1. disloyalty to the Republic;
2. culpable violation of the
Constitution;

POLITICAL LAW COMMITTEE


CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala