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Political Law Review

Administrative Law,
Election Law and Law on Public Officers
September 21, 2018

Part I: Administrative Law Proper

A. Administrative Law and the Constitution


1. Administrative Law, Defined and Scope
Administrative Law is a part of Political Law: In the broadest sense, it refers to the entire
organization and operation of government.
In a less comprehensive sense, it refers to that part of “public law wherein it fixes the
organization and determines the competence of the administrative agency and indicates to the
individual remedies for violation of his rights” (Goodnow, Comparative Administrative Law 8-9
(1983) as cited in CORTES, Philippine Administrative Law p.3 (1984)

In a technical sense, administrative law covers a more limited field. It is the law governing
regulatory agencies but it is concerned not only with rule-making, the settlement of contested
matters and the distribution of benefits but also indicates the remedies available to those
aggrieved by the administrative action. Pound refers to it as “that branch of modern law under
which the executive department of government acting in a quasi-legislative or quasi-judicial
capacity, interferes with the conduct of the individual for the purpose of promoting the well-
being of the community, as under laws regulating public corporations, business affected with a
public interest, professions, trades and callings, rates and prices, laws for the protection of the
public health and safety and the promotion of the public convenience and advantage.”
SOURCE: CORTES, PHILIPPINE ADMINISTRATIVE LAW pp. 2-4 (1984)
2. Relationship of Administrative Law with the Constitution
Goodnow points out the relation of administrative law to constitutional law in this manner:
“Insofar as it fixes the organization of the administrative authorities, administrative law is
the necessary supplement of constitutional law. While constitutional law gives the general
plan of governmental organization, administrative law carries out this plan in its minutest
details. But administrative law, not only supplements constitutional law insofar as it
regulates the administrative organization of the government; it also complements
constitutional law, insofar as it determines the rule relative to the activity of the
administrative authorities. For while constitutional law treats of the rights of individual,
administrative law treats them from the standpoint of the powers of the government.
Constitutional law, it has been said, lays stress upon rights, administrative law emphasizes
the powers of government and duties of the citizens it, is nevertheless to the administrative
law that the individual must have recourse when his rights are violated. For just so far as
administrative law delimits the sphere of action of the administration, it indicates what are
the rights of the individual which the administration must respect; and, in order to prevent
the administration from violating them, offer to the individual remedies for the violation of
these rights”. (Emphasis supplied)

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SOURCE: GOODNOW, COMPARATIVE ADMINISTRATIVE LAW, 8-9 (1893), as cited
in CORTES, PHILIPPINE ADMINISTRATIVE LAW p.4 (1984)
Constitutional Considerations
Separation of Powers
Section 1, Article II – Declaration of Principle and State Policies: “The Philippines is a
democratic and republican state. Sovereignty resides in the people and all governmental
authority emanates from them.”
Belgica et al v. Executive Secretary et al., G.R. No. 208566, November 19, 2013
Neri v. Senate Committees, G.R. No. 180643, March25, 2007/Sept. 4, 2008

Basic tenets of a republican state


The powers of government are distributed into three distinct branches: the executive, the
legislative and the judicial.
Unless the Constitution permits it, no branch of government can abdicate its functions and
escape responsibility by delegating them.
Exception to the rule on delegation of powers: Within the limits of the law creating the Executive
Department, defining and limiting its powers, the executive may allocate specific functions to
agencies under its control and supervision for efficient management and better governance.

Lambino et al. v. COMELEC, G.R. No. 174153, 505 SCRA 160 (2006); read pp. 219-223, 228-261
only
Rule:
When the law vests in an administrative body the power to hear and decide controversies, the
delegation is not done by the judiciary but the power to adjudicate granted by law proceeds from
the plenary powers of legislative branch.
Other constitutional limitations
Bill of Rights: the right to due process. Section 1, Article III, Philippine Constitution: “No
person shall be deprived of life, liberty, or property without due process of law, no shall any
person be denied the equal protection of the law.”
5. Concept of Rule of Law
Rule: No person or groups of persons no matter how high or powerful is above the law.
Drilon v. Ermita, G.R. No.169777, April 20, 2006
Bayan et al v. Ermita, G.R. No. 169838, April 25, 2006
Ladlad v. Velasco, G.R. No. 1720-72, June 1, 2007

C. CREATION OF ADMINISTRATIVE AGENCIES


1. Constitutional Provision:
Article IX, 1987 Constitution, Constitutional Commissions: (1) The Civil Service Commission;
(2) The Commission on Elections; and (3) The Commission on Audit; (4) Article XI, 1987
Constitution, Section 5. Ombudsman; and (5) Article XIII, 1987 Constitution, Section 17.
Commission on Human Rights

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2. Legislation: some government agencies created by law through special charters
3. Other Modes
~May be created by local governments thru ordinance/local legislation
~Regulation in international field: The Council of International Civil Aviation Organization,
Administrative Tribunal of the International Labor Organization, CIAB and the WTO.
~May be created by executive action
4. Types of Administrative Agencies (Refer to the Revised Administrative Code for details)
- government instrumentality
- regulatory agency
- chartered institution
- government-owned or controlled corporation

C. CHECKS ON ADMINISTRATIVE AGENCIES


1. Sources of Checks
THE PRESIDENT (Article VII, 1987 Constitution)
~position of the Chief Executive (Section 1)
~duty to preserve and defend the Constitution (Section 5)
~appointing power (Section 16)
~control over executive departments, bureaus and offices (Section 17)
~sovereign guarantees on foreign loans ( Section 20)
~submission of budget outlining programs and defining policies ( Section 22)
THE LEGISLATURE (Article VI, 1987 Constitution)
~creation of government agencies pertains to the plenary powers (Section 1)
~consent over presidential appointees ( Section 18)
~examination of books of accounts by COA (Section 20)
~power to conduct inquiries (Section 21 and 22)
~declaration of war (Section 23)
~enact budget (Section 24, 25 and 29)
THE COURTS: POWER OF JUDICIAL REVIEW (Article VIII, 1987 Constitution)
~availability of judicial review
~modes of judicial review Refer to Sec. 1, Sec 4(2), Sec. 5
~extent of judicial review

2. GRIEVANCE MECHANISM (Article XI, 1987 Constitution)


~Accountability of Public Officers
• Impeachment (Section 2)
• Procedure (Section 3)
~Powers of the Sandiganbayan (Section 4)
~Powers of the Ombudsman (Section 5,6,7,8,9,10,11,12,13)
~Civil Service Commission (Article IX, A. Common Provisions, B. The Civil Service
Commission) Sections 2 (1), (2), (3), (4), (5) and (6).

3. ROLE OF THE PUBLIC

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~resolution of conflicting interests
~essence of public welfare/public interest

4. ROLE OF THE MEDIA


~print and broadcast media as potent sources of checks
~contribute to increased public awareness on issues

D. POWERS AND FUNCTIONS OF ADMINISTRATIVE AGENCIES


1. General Executive and Administrative Functions (Determinative in Nature)
Issuance of licenses, permits, leases, etc.: Acebedo Optical v. C.A et. al., G.R. No. 100152,
March 31, 2000
Fact-finding Investigation: Lovina v. Moreno, G.R. No. L-17821, November 29, 1963
Permissible delegation; delegation; when allowed: Abakada v. Sec. Purisima, 562 SCRA,
251: Delegation of power in the implementation of the accretion law for BOC and BIR
employees
People v. Maceren, 169 Phil., 447-448 (1977): Delegation of power; definition and scope
of the law and penalties to be imposed
2. Rule-making power (Legislative in Nature)
Principles to determine valid exercise of power: Completeness Test and Sufficient Standard
Test
Edu vs. Ericta, 35 SCRA 481 (1970)
MERALCO v. ERB, G.R. No. 145399, March 17, 2006
Requisites: Sections 1-9, Book VII, Administrative Code of 1987, Administrative Procedure
Limitations of rule-making power: Philippine Lawyers Association v. Agrava, 105 Phil. 173
(1959)
Requisites for valid delegation of the power from the legislative branch to the executive
branch:
~it must have been promulgated in accordance with prescribed procedure;
~it must have reasonable standards;
~the power is issued under authority of law;
~administrative regulations (IRR) must be published in order to be effective; and
~ it must be within the scope and purview of the law.
Publication and Effectivity of Rules: If a question on validity of rules is raised before the
courts, it must be resolved with dispatch as it could result to irreparable injury to affected
individuals.
General Rule: Publication is mandatory before any administrative issuance particularly
rules and regulations especially so when they impose some form of burden on the public.
Book VII, Sections 3-8, Administrative Code of 1987
People v. Que Po Lay, 94 Phil. 640 (1954)
Tañada v. Tuvera, 146 SCRA 446
Rationale behind the Rule: Due process in the exercise of an administrative agency’s
quasi-legislative power requires publication of the promulgated rules and regulations.

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Classes of Rules and Regulations in Exercise of Legislative Function
1. Internal, affecting only the internal operations/procedures of an agency
2. Personnel Regulations, refer only to personnel action of an agency relative to office
orders on transfer, reassignment, designation, etc.
3. Interpretative Rules, Clarificatory Rules (ex. DOJ opinions, BIR Circulars)
4. Fixing of Rates, Prices, and Toll Charges: This power is vested by law in administrative
agencies and carries with it an implied standard is part of the law.
Refer to: Administrative Code of 1987 Sec. 9, Book VII; Sections 17 – 18, Book VII,
Administrative Code of 1987

3. Adjudicatory power (Judicial in Nature)


Administrative Procedure
Due Process: twin requirements of notice and hearing
Due Process in Administrative Investigation
Procedural and Substantial due process distinguished: Cudia v. PMA Superintendent, G.R.
No. 211362, February 24, 2015
Nature of Administrative Proceedings: SSS v. Gloria de los Santos, G.R. No. 164790, August
29, 2008
Hearing; Procedural requirements: Re: Letter of U.P. Law Faculty, A.M. No.10-10-4-SC,
2011: administrative proceedings do not require trial type hearing

Investigation and Adjudication: part of quasi-judicial power of administrative agencies


~Sections 10-15, Book VII, Administrative Code of 1987
IA1 ERWIN L. MAGCAMIT v. INTERNAL AFFAIRS SERVICE - PHILIPPINE DRUG
ENFORCEMENT AGENCY, as represented by SI V ROMEO M. ENRIQUEZ AND DIRECTOR
GENERAL DIONISIO R. SANTIAGO, January 25, 2016, G.R. No. 198140
JENNIFER A. AGUSTIN-SE AND ROHERMIA J. JAMSANI-RODRIGUEZ v. OFFICE OF
THE PRESIDENT, REPRESENTED BY EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR.,
ORLANDO C. CASIMIRO, OVERALL DEPUTY OMBUDSMAN, OFFICE OF THE
OMBUDSMAN, AND JOHN I.C. TURALBA, ACTING DEPUTY SPECIAL PROSECUTOR,
OFFICE OF THE SPECIAL PROSECUTOR, G.R. No. 207355, February 03, 2016: observation
of the rule of law in administrative proceedings; the right to security of tenure of public officers
Jardeleza v. Chief Justice Sereno and the JBC, G.R. No. 213181, August 19, 2014: due process
in the application for a judicial position
Pontejos v. Desierto, G.R. No. 148600, 2011: action before the Ombudsman is independentof the
internal investigation before the HLURB
Power to issue subpoena, declare in contempt: allowed only when provided by the law
creating the administrative agency.
~General Statutory Provision. Sec. 13, Book II, Administrative Code of 1987.
~Special Statutory Grant: Contempt power is inherently judicial.
Mayor Brigido Simon v. Commission on Human Rights, G.R. No.,100150, January 5, 1994
Issuance of Warrants, Administrative Searches and Seizures: must conform to
constitutional standards.
~Section 13, Book VII, Administrative Code of 1987

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~Art. III, Sec. 2, 1987 Constitution
Harvey et al. v. Defensor-Santiago, 162 SCRA 840 (1988)
Kiani v. BID, G.R. No. 160922, February 27, 2006
Administrative Appeal
~ Refer to: Sections 19-24, Book VII, Administrative Code of 1987
Boracay Foundation v. The Province of Aklan, G.R. No. 196870, 2012: the power of the Mayor
to order demolition as part of his quas-judicial function
Principle of Exhaustion of Administrative Remedies
Rationale behind the principle: Allow administrative agencies to exercise primary
jurisdiction.
SPOUSES RAMON and LIGAYA GONZALES v. MARMAINE REALTY CORPORATION,
represented by MARIANO MANALO, January 13, 2016, G.R. No. 214241
BASIANA MINING EXPLORATION CORPORATION, BASIANA MINERALS DEVELOPMENT
CORPORATION AND RODNEY O. BASIANA, IN HIS OWN PERSONAL CAPACITY AS
PRESIDENT AND DULY AUTHORIZED REPRESENTATIVE OF BASIANA MINING
EXPLORATION CORPORATION AND BASIANA MINING DEVELOPMENT CORPORATION
v. HONORABLE SECRETARY OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL
RESOURCES, AND SR METALS INC. (SRMI),
G.R. No. 191705, March 07, 2016: principle of primary jurisdiction; jurisdiction of the HLURB
B.F. Homes et al. v. MERALCO, G.R. No. 171624, 2010: resort to the court is premature until
the Energy Regulatory Commission resolves the rate petition.
Exceptions when resort to exhaustion of administrative remedies is not necessary
a. The question involved is purely legal;
b. The administrative body is in estoppel;
c. The act complained is patently illegal;
d. There is an urgent need for judicial intervention;
e. The claim involved is small;
f. Grave and irreparable injury will be suffered;
g. There is no other plain, speedy and adequate remedy,
h. Strong public interest is involved;
i. The subject of the controversy is private law;
j. The case involves a quo warranto proceeding (Sunville Timber Products,
Inc. v. Abad, 206 SCRA 428 [1992]);
k. The party was denied due process (Samahang Magbubukid ng Kapdula,
Inc. v. Court of Appeals, 305 SCRA 147 [1999]);
l. The decision is that of a Department of Secretary. (Nazareno v. Court of
Appeals, G.R. No. 131641, February 23, 2000)
m. Resort to administrative remedies would be futile (University of the
Philippines Board of Regents v. Rasul, 200 SCRA 685 [1991]);
n. There is unreasonable delay (Republic v. Sandiganbayan, 301 SCRA 237
[1999]);
o. The action involves recovery of physical possession of public land
(Gabrito v. Court of Appeals, 167 SCRA 771 [1998]);

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p. The party is poor (Sabello v. Department of Education, Culture and
Sports, 180 SCRA 623 [1989]); and
q. The law provides for immediate resort to the court (Rullan v. Valdez, 12
SCRA 501 [1964]).
Valmonte v. Belmonte, Jr., G.R. No. 74930, February 13, 1989: issue
involves public interest which necessitates the court to take jurisdiction
Sabello v. Department of Education, Culture & Sports, 180 SCRA 623
(1989): claim of money
4. Finality of Administrative Decisions
a. Factors to consider: Nature of claim asserted whether guaranteed by the Constitution or
conferred by statute
b. Right or privilege involved
c. Subject matter of the controversy
c. Issue raised is a question of law, of fact or administrative discretion
Form and Promulgation of Judgment: must be in writing, based on evidence and law.
Enforcement of Administrative Decisions

E. JUDICIAL REVIEW
1. Refer to Sections 25 and 26, Administrative Code of 1987
Rules: Before resort to courts and allowed, administration action have to be completed so that
nothing is left to be done in the administrative structure.
~The case is vulnerable to dismissed if party fails to avail of administrative remedies when so
required by law.
~Failure to resort to preliminary resort my result to suspension of judicial proceedings.
2. Doctrine of Primary Jurisdiction
Where both the court and administrative agency have jurisdiction, the court will yield to the
administrative agency
Rationale behind the doctrine: It is designed to define a situation when the court should refer the
matter to the agency for an initial determination as it: may involve issues of fact beyond the
conventional experience and expertise of judges; and may require the exercise of administrative
discretion.
Conditions for ripeness for judicial review of administrative actions
(1) the administrative action has already been fully completed and therefore, it is a final agency
action;
(2) all administrative remedies have been exhausted.
3. Modes of Judicial Review
Note: Relate the modes for relief with the exceptions in the application of the doctrine of
exhaustion of administrative remedies.
Extent of Judicial Review: Question of Fact, Question of Law and Question of Discretion
SECRETARY LEILA DE LIMA, ASSISTANT STATE PROSECUTOR STEWART ALLAN A.
MARIANO, ASSISTANT STATE PROSECUTOR VIMAR M. BARCELLANO and ASSISTANT
STATE PROSECUTOR GERARD E. GAERLA v. MARIO JOEL T. REYES, January 11, 2016,

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G.R. No. 209330: nature of the investigative powers of DOJ; review of resolution of DOJ
Secretary
4. Availment of Provisional Remedies:
~Rule 58, Rules of Court - Preliminary Injunction
~Rule 64, Rules of Court – Declaratory Relief
Sec. of DENR et al v. Mayor Yap v et al, G.R. Nos. 167707, 173775, Oct. 8, 2008: relationship
between the national government and the local government unit; power of the President to
reserve land under the regalian doctrine.
~Rule 65, Rules of Court – Certiorari, Prohibition and Mandamus
~Resort to Mandamus, and Prohibition when premature; wrong remedy illustrated:
Prohibition: Simon, Jr. v. Commission on Human Rights, supra
Mandamus: Ng Gioc Liu v. Secretary of DFA, 85 Phil. 842: discretionary power of the DFA in
the issuance of passports
Antolin v. Domondon, G.R. No. 165036, July 5, 2010: discretionary powers of the Board of
Accountancy of the Professional Regulation Commission
MMDA v. Concerned Residents of Manila Bay G.R. Nos171947-48, Dec. 18, 2008
Writ of Amparo/ Writ of Habeas Data/Writ of Kalikasan:
Caram v. Segui, 732, SCRA 86(2014)
Vivires and Suzara v. STC-Cebu City, G.R. No. 202666, September 29, 2014
Paje v. Casino, G.R. No. 206527, February 3, 2015

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Part II: Election Law

I. INTRODUCTION
The Right to Suffrage
A. Constitutional Basis: Art. II, 1987 Constitution
Article II – Declaration of Principles and State Policies, 1987 Constitution: “Sec. 1 –The
Philippines is a democratic and republican state. Sovereignty resides in the people and all
government authority emanates from them.”
B. Qualified Voters: Art. V. 1987 Constitution
“Sec. 1 - Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified
by law, who are at least eighteen years of age, who shall have resided in the Philippines for at
least one year and in the place wherein they propose to vote for at least six (6) months
immediately preceding the election. No literacy, property, or other substantive requirement shall
be imposed on the exercise of suffrage. (emphasis supplied)”
Cases:
1. Bagumbayan-VNP Movement Inc. Gordon v. COMELEC, G.R. No. 222731, 16 March 2016:
Read the relevant portion of the main decision on why a receipt must be issued to a voter upon
casting his vote.
2. Kabataan Party List v. COMELEC, Dec. 16, 2015: Read the relevant portion of the decision
on the necessity of utilizing biometrics in the exercise of the right of suffrage.

C. Overseas absentee voter:


Absentee voting: process by which qualified citizens of the Philippines abroad exercise their
right to vote. [Sec. 3a, R.A. 9189, The Overseas Absentee Voting Act]
Voter Overseas Absentee: citizen of the Philippines who is qualified to register and vote under
this Act, not otherwise disqualified by law, who is abroad on the day of elections. [Sec. 3f, R.A.
9189]
Coverage of the right of suffrage of overseas absentee voters: Elections for president, vice-
president, senators and party-list representatives [Sec. 3f, R.A. 9189]
Registration as an overseas absentee voter shall be done in person in the Philippine Consulate of
Embassy nearest to the place of residence of the voter. [Sec.5, R.A. 9189]

D. Disqualified Voters: Sec. 118, Omnibus Election Code


The following shall be disqualified from voting:
• Any person who has been sentenced by final judgment to suffer imprisonment for not
less than one year, such disability not having been removed by plenary pardon or
granted amnesty: Provided, however, that any person disqualified to vote under this
paragraph shall automatically reacquire the right to vote upon expiration of five (5)
years after service of sentence.
• 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 anti-subversion and firearms
laws, or any crime against national security, unless restored to his full civil and

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political rights in accordance with law: Provided, that he shall regain his right to vote
automatically upon expiration of five (5) years after service of sentence.
• Insane or incompetent persons as declared by competent authority.

II. The Commission on Elections (“COMELEC”)

A. Art. IX, 1987 Constitution

B. Composition Sec. I (1) – Art. IX - B, 1987 Constitution


“Sec. 1 (1) – There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five (35) years of age, holder of a college degree, and must not have
been candidates for any elective position in the immediately preceding elections. However, a
majority thereof, including the Chairman, shall be members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.”
B. Term of Office Sec. I (2), Art. IX -, 1987 Constitution
“The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. x x x
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case
shall any Member be appointed or designated in a temporary or acting capacity.”
III. ELECTION LAWS
A. Pertinent Laws
• Omnibus Election Code (BP Blg. 881)
• R.A. 6646 -The Electoral Reform Act of 1984
• R.A. No. 7166 - The Synchronized National and Local Elections Law of 1991
• R.A. 8046 - Authorizing the Commission on Elections to Conduct a Nationwide
Demonstration of a Computerized Election System and Pilot-Test it in the March
1996 Elections in the Autonomous Region.
• R.A. 8189 - Voter’s Registration Act of 1996
• R.A. 8295 – Lone Candidate Law
• R.A. 9006 – Fair Election of 2001
• R.A. 9164 - Barangay and Sangguniang Kabataan Elections, amending Republic
Act No. 7160
• R.A. 9189 – The Absentee Voting Law
• R.A. 9369 – Commission on Elections to use an automated election system in the
May 11, 1998 national or local elections and in subsequent national and local
electoral exercises.
• Excerpts from R.A. 7160 – Local Government Code

B. Interpretation of Election Laws – Liberally construed in favor of right of suffrage


C. Purpose of Election Laws – To ascertain the will of the people
Cases: 1. Villavert v. Fornier G.R. No. L-3050 Oct. 17, 1949

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2. Brillantes v. de Venecia et al G.R. No. L-163193 June 15, 2004

IV. REGISTRATION OF VOTERS

A. Definition: An act of accomplishing and filing of a sworn application for registration by a


qualified voter before the election officer of the city or municipality wherein he resides and
including the same in the book of registered voters upon approval by the Election Registration
Board. [Sec. 3a, R.A. 8189]
Registration does not confer the right to vote but it is a condition precedent to the exercise of the
right [Yra v. Abano (1928)]
Change of residence or address may be done during the period of registration.
Period: COMELEC allows a continuing system of registration except during the following
periods:
(1) 120 days before a regular election
(2) 90 days before a special election [Sec. 8, R.A. 8189]
Circumstances that would allow alteration of the List of /voters:
(1) Deactivation/Reactivation
(2) Exclusion/Inclusion Proceedings
(3) Cancellation of Registration in case of death
(4) Inclusion of New voters
(5) Annulment of Book of Voters
(6) Transfer of Residence of a registered voter.
The trial court has no power to order the change or transfer of registration from one place of
residence to another for it is the function of the election Registration Board as provided under
Section 12 of R.A. No. 8189. [Domino v. COMELEC, 1999]
Annulment of Book of Voters
The COMELEC shall, upon verified petition of any voter or election officer or duly registered
political party, and after notice and hearing, annul any book of voters:
(1) If it is not prepared in accordance with R.A. 8189 or the Voters’ Registration Act of 1996;
(2) If it is prepared through fraud, bribery, forgery, impersonation, intimidation, force, or any
similar irregularity; or
(3) If it contains data that are statistically improbable.
No order, ruling or decision annulling a book of voters shall be executed within 90 days before
an election. [Sec. 39, R.A. 8189]
National Registry of Overseas Absentee Voters
Definition: The consolidated list prepared, approved and maintained by the COMELEC, of
overseas absentee voters whose applications for registration as absentee voters, including those
registered voters who have applied to be certified as absentee voters, have been approved by the
Election Registered Board. [Sec. 3e, R.A. 9189]
Grounds for cancellation/amendment of entries:

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(1) When the overseas absentee voter files a letter under oath addressed to the COMELEC that
he/she wishes to be removed from the Registry of Overseas Absentee Voters, or that his/her
name be transferred to the regular registry of voters.
(2) When an overseas absentee voter’s name was ordered removed by the COMELEC from the
Registry of Overseas Absentee
Voters for his/her failure to exercise his/her right to vote under R.A. 9189 for 2 consecutive
national elections. [Sec. 9, R.A. 9189]

B. Inclusion / Exclusion Proceedings (Sections 138, 139, 142, Omnibus Election Code): A
challenge to right to register as a voter may be instituted by any voter, candidate or
representative of a registered political party.
The challenge must be:
(1) in writing;
(2) specify the grounds for the objection to register;
(3) under oath; and
(4) attached to the application, together with the proof of notice of hearing to the challenger and
the applicant.

C. Deactivation of Registration
Definition: process of deactivating the registration of certain persons, removing their registration
records from the corresponding precinct book of voters and placing the same in the inactive file,
properly marked “deactivated” and dated in indelible ink.
Reasons of Deactivation: The ERB shall remove the registration records of the following
persons from the corresponding precinct book of voters and place the same in the inactive file:
(1) Sentenced by final judgment to suffer imprisonment for not less than 1 year (unless granted a
plenary pardon or an amnesty) shall automatically reacquire right to vote upon the expiration of
5 years after the service of sentence as certified by clerks of courts
(2) Adjudged by final judgment for having committed any crime involving disloyalty to the duly
constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime
against national security (unless restored to full civil and political rights in accordance with law)
shall automatically reacquire the right to vote upon the expiration of 5 years after the service of
sentence;
(3) Insane or incompetent persons as declared by competent authority;
(4) Did not vote in the 2 successive preceding regular elections (excluding SK elections);
(5) Registration has been ordered excluded by the Court; and
(6) Lost of Filipino citizenship. [Sec. 27, R.A. 8189]

D. Reactivation of Registration
Procedure: Any voter whose registration has been deactivated may file with the Election Officer
a sworn application for reactivation of his registration in the form of an affidavit stating that the
grounds for the deactivation no longer exist.
Period: Any time not later than 120 days before a regular election and 90 days before a special
election. [Sec. 28, R.A. 8189]

VI. REGISTRATION OF POLITICAL PARTIES

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A. Political Party: An organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which, as the most immediate
means of securing their adoption, regularly nominates certain of its leaders and members as
candidates for public office. [Sec. 60, BP 881 and Sec. 3(c) of RA 7941]
B. Types of Political Parties in the Philippines
(1) National Party - constituency is spread over the geographical territory of at least a majority of the
regions.
(2) Regional Party - constituency is spread over the geographical territory of at least a majority of the
cities and provinces comprising the region.
(3) Sectoral party – organized group of citizens belonging to any of the following sectors: labor,
peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women, youth,
veterans, overseas workers and professionals whose principal advocacy pertains to the special interests
and concerns of their sector. (Ang Paglaum v. COMELEC, 201 )
C. Entities which cannot be registered as Political Parties
(1) Religious denominations and sects
(2) Groups which seek to achieve their goals through violence or unlawful means
(3) Entities which refuse to uphold and adhere to the Constitution
(4) Associations supported by foreign governments [Art. IX-C, Sec. 2 (5), Constitution]
D. Purpose of Registration
(1) To acquire juridical personality
(2) To entitle it to rights and privileges granted to political parties
(3) To participate in the party-list system

E. Grounds for Refusal/Cancellation of Registration


The COMELEC may, motu propio or upon verified complaint of any interested party, refuse or
cancel, after due notice and hearing, the registration of any national, regional or sectoral party,
organization or coalition on any of the following grounds:
(1) Religious sect or denomination, organization or association, organized for religious purposes
(2) Those advocating violence or unlawful means to seek its goal
(3) Foreign party or organization
(4) Those receiving support from any foreign government, foreign political party, foundation,
organization, whether directly or through any of its officers or members or indirectly through
third parties for partisan election purposes
(5) Those which violate or fail to comply with laws, rules or regulations relating to elections
(6) Those which declare untruthful statements in its petition
(7) Those which ceased to exist for at least one (1) year
(8) Those which fail to participate in the last two (2) preceding elections or
(9) Those which fails to obtain at least 2% of the votes cast under the party-list system in the two
(2) preceding elections for the constituency in which it has registered [Sec. 6, R.A. 7941]

D. Party-List System
1. Definitions: Sectoral organization: group of citizens or a coalition of groups of citizens who
share similar physical attributes or characteristics, employment, interests or concerns.

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Coalition: an aggrupation of duly registered national, regional, sectoral parties or organizations
for political and/or election purposes. [Sec. 3, R.A. 7941, Party-List System Act]
Any organized group of persons may register as a party, organization or coalition for purposes of
the party-list system.
2. Purpose: To enable Filipino citizens belonging to marginalized and underrepresented sectors,
organizations and parties, and who lack well-defined political constituencies but who could
contribute to the formulation and enactment of appropriate legislation that will benefit the nation
as a whole, to become members of the House of Representatives. [Sec. 2, R.A. 7941]
3. Nomination of party-list representatives: Each registered party, organization or coalition
shall submit to the COMELEC not later than 45 days before the election a list of names, not less
than five (5), from which party-list representatives shall be chosen in case it obtains the required
number of votes. National and local political parties may participate in the party list system
provided they do not field any candidates in the congressional legislative districts.
A member of a party list may be nominated: in one party list only; must give consent in
writing; must not be a candidate for any elective office; or has not lost his bid for an elective
office in the immediately preceding electionNo change of names or alteration shall be allowed
after the same shall have been submitted to the COMELEC except when:
(1) The nominee dies;
(2) The nominee withdraws his nomination; or
(3) The nominee becomes incapacitated.
Names of party-list nominees shall not be shown on the certified list [Sec. 7, RA 7941]
4. Effect of Change of Party List Affiliation: Any elected party-list representative who changes
his political party or sectoral affiliation during his term of office shall forfeit his seat
within six (6) months before an election shall not be eligible for nomination as party-list
representative under his new party or organization [Sec. 15, R.A. 7941]
5. Seat Allocation: Banat v. COMELEC, G. R. No. 179271, July 8. 2009 - The combined
number of all party-list congressmen shall not exceed 20% of the total membership of the House
of Representatives, including those elected under the party-list. Only those parties garnering a
minimum of 2% of the total votes cast for the party-list system shall be entitled to one
guaranteed seat each. Each party, regardless of the number of votes it actually obtained, is
entitled to a maximum of three (3) seats.
VII. QUALIFICATIONS AND DISQUALIFICATIONS OF CANDIDATES / TERM OF
OFFICE

A. National Elective Officials


1. President (Sections 2 and 4, Art. VII, 1987 Constitution)
Qualifications: “Sec. 2 – No person may be elected President unless he is a natural – born
citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on
the day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.”
Term of Office: “Sec. 4 – The President and the Vice-President shall be elected by direct vote of
the people for a term of six years which shall begin at noon on the thirtieth day of June next

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following the day of the election and shall end at noon of the same date six years thereafter. The
President shall not be eligible for any reelection. No person who has succeeded as President and
has served as such for more than four years shall be qualified for election to the same office at
any time.”
2. Vice- President (Sections 3 and 4, Art. VII, 1987 Constitution)
Qualifications: Article VII, Section 3 – “There shall be a Vice-President who shall have the
same qualifications and term of office and be elected with and in the same manner as the
President. He may be removed from office in the same manner as the President.’
Term of Office: Article VII, Section 4 (2nd paragraph) – “No Vice-President shall serve for
more than two (2) successive terms. Voluntary renunciation of the office for any length shall not
be considered as an interruption in the continuity of the service for the full term for which he was
elected.”
3. Senator (Sections 3 and 4, Art. VI, 1987 Constitution)
Qualifications: Article VI, Section 3 – “No person shall be a Senator unless he is a natural-born
citizen of the Philippines, and, on the day of the election, is at least thirty-five years (35) of age,
able to read and write, a registered voter, and a resident of the Philippines for not less than two
years immediately preceding the day of the election.”
Term of Office: Article VI, Section 4 – “The term of office of the Senators shall be six years
and shall commence, unless otherwise provided by law, at noon on the thirtieth day of June next
following their election.
No Senator shall serve for more than two (2) consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.’

B. Congressional Representatives (Sections 6 and 7, Art. VI, 1987 Constitution)


Qualifications: Article VI, Section 6 – “No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines, and, on the day of the
election, is at least twenty-five (25) years of age, able to read and write, and except the party-list
representatives, a registered voter in the district in which he shall be elected, and a resident
thereof for a period of not less than one year immediately preceding the day of the election. “
Term of Office: Article VI, Section 7 – ‘The Members of the House of Representatives shall be
elected for a term of three (3) years which shall begin, unless otherwise provided by law, at noon
on the thirtieth day of June next following their election.
No Member of the House of Representatives shall serve for more than three (3) consecutive
terms. Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.”

Qualifications of Party List Representatives


(1) Natural-born citizen of the Philippines
(2) Registered voter
(3) Resident of the Philippines for a period of not less than 1 year immediately preceding the day
of the election
(4) Able to read and write

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(5) Bona fide member of the party or organization which he seeks to represent for at least 90
days preceding the day of the election
(6) At least 25 years old on the day of the election

C. Local Elective Officials


1. Qualifications (Sec. 39, R.A. 7160)
“Sec. 39 – Qualifications. (a) An elective local official must be a citizen of the Philippines; a
registered voter in the barangay, municipality, city, province or, in the case of a member of the
sangguniang panlalawigan, sanggunian panlungsod, or sangguniang bayan, the district where
he intends to be elected; a resident therein for at least one (1) year immediately preceding the
day of the election; and able to read and write Filipino or any other local language or dialect;
and able to read and write Filipino or any other local language or dialect.
(b) Candidates for the position of mayor or vice-mayor of independent component cities,
component cities or municipalities must be at least twenty-one (21) years of age on election day.
(emphasis supplied)
2. Disqualifications (Sec. 40, R.A. 7160)
“Sec. 40 – Disqualifications. – The following persons are disqualified from running for any
elective local position:
• Those sentenced by final judgment for an offense involving moral turpitude or
for an offense involving moral turpitude or for an offense punishable by one
(1) year or more of imprisonment within two (2) years after serving sentence;
• Those removed from office as a result of an administrative case;
• Those convicted by final judgment for violating the oath of allegiance to the
Republic;
• Those with dual citizenship;
• Fugitives from justice in criminal or non-political cases here or abroad;
• Permanent residents in a foreign country or those who have acquired the right
to reside abroad and continue to avail of the same right after the effectivity of
this Code; and
• The insane or feeble-minded “

VIII. ELECTION PERIOD


Unless otherwise fixed by the COMELEC in special cases, the election period shall commence
90 days before the day of election and shall end 30 days thereafter. (Sec. 9, Article IX-C,
Constitution)
IX. PRE-ELECTION ACTIVITIES/CONTROVERSIES
A. Certificate of Candidacy (“CoC”)
• As to FORM
• Contents of the CoC
• Name/s
• Citizenship
• Residence and Length of Stay
• Registered Voter of the Place
• Other Items

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WHEN to file the CoC Deadline/s:
• Under OEC: Day before the start of the campaign period
• National – 90 days before election
• Local/Congressional – 45 days before elections
Under RA 9369/Automated Election System: Deadline fixed by COMELEC

B. Effects of Filing:
One becomes an official and legitimate CANDIDATE files his Certificate of Candidacy
Rules:
~Under OEC, Section 67: Whether Elected or Appointed – ipso facto resigned – except an
elected official runs for same office/reelection or runs for President or Vice President.
~Under RA 9006: General repeal of Section 67 of the OEC & Section 11 rendered ineffective.
Hence, there is NO more ipso facto resignation for all elected officials.
~Under RA 9369 - Section 11 of Republic Act No. 8436 as amended by RA 9359: “A public
appointive office …shall be considered ipso facto resigned from his/her office and must vacate
the same at the start of the day of the filing of his/her certification of candidacy.”
Deny-due course/cancel Certificate of Candidacy
Under Section 78 of OEC & Section 23 of COMELEC RULES: Rule 23: Sec. 1. Exclusive
Ground – FALSE material representation in CoC.
Section 2. Period to File – within five (5) days from last day for filing of Certificate of
Candidacy
Nuisance Candidates
Section 76, OEC and Rule 24, COMELEC RULES:
Classify:
• Makes Mockery/Disrepute
• Similarity of NAMES
• Not being BONAFIDE candidate
WHO can file: Candidate for the same elective position.
WHEN to file: within five (5) days from deadline/last day of filing Certificate of Candidacy
C. Disqualification
GROUNDS for Disqualification
First: Ineligibility – lack of mandated qualification
Second: Prohibited Acts before [premature convention/meeting to nominate/select official
candidates] and/or AFTER the Filing of CoC and before or after the Election BUT before
proclamation [Section 68 of OEC i.e. vote buying, terrorism illegal contribution; Please also
refer to Sec. 261 d, e, k & v, etc.]
Third: Under Section 12 of OEC – Incompetent/insane
Fourth: Under Section 40 of Local Government Code – for local officials
OTHERs: Green Card holder
Conviction
D. Substitution of Candidates: Only in three (3) instances:
• Death/Permanent Incapacity
• Disqualification
• Withdrawal

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Case: VICE-MAYOR MARCELINA S. ENGLE v. COMMISSION ON ELECTIONS EN BANC
and WINSTON B. MENZON, January 19, 2016, G.R. No. 215995: grounds for substitution;
sufficiency of substitution

E. Premature Campaigning
• Old Rule under OEC: Once one files – becomes a CANDIDATE, and he can no
longer campaign until the start of campaign period – otherwise PREMATURE
campaigning.
Simple RULE: NO Certificate of Candidacy filed, NOT yet a candidate – NO
premature campaigning
•Under RA 9369: “Any person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of the campaign period
for which he filed his certificate of candidacy: Provided, that, unlawful acts or
omissions applicable to a candidate shall take effect only upon that start of the
aforesaid campaign period.” [Panera v. COMELEC (2009)]
Prohibited campaigning days: It is unlawful for any person to engage in an election campaign
or partisan political activity on:
(1) Maundy Thursday
(2) Good Friday
(3) Eve of Election Day and
(4) Election Day [Sec. 3, COMELEC Resolution 8758]
Election campaign or partisan political activity: An act designed to promote the election or
defeat of a particular candidate or candidates to a public office. [Sec. 79, B.P. 881]
Activities construed as partisan political activity:
(1) Forming organizations or groups of persons
(2) Holding political caucuses, meetings, rallies or other similar assemblies
(3) Making speeches or commentaries
(4) Publishing or distributing campaign literature or materials for the purpose of soliciting votes
and/or undertaking any campaign or propaganda to support or oppose the election of any
candidate.

Acts which are deemed excluded:


(1) Acts performed for the purpose of enhancing the chances of aspirants for nomination for
candidacy to a public office by a political party, aggroupment, or coalition of parties.
(2) Public expressions of opinions or discussions of probable issues in a forthcoming election or
on attributes or criticisms of probable candidates proposed to be nominated in a forthcoming
political party convention. [Sec. 79, B.P. 881]
Persons Prohibited from Campaigning:
(1) Members of the board of election inspections [Sec. 173, B.P. 881]
(2) Civil service officers or employees [Art. IX-B, Sec. 2 (4), Const.]
(3) Members of the military [Art. XVI, Sec. 5 (3), Const.]
(4) Foreigners, whether juridical or natural persons.

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Campaign Period: For President, Vice-President and Senators: 90 days before the day of the
election.
For Members of the House of Representatives and elective provincial, city and municipal
officials: 45 days before the day of the election. [Sec. 5, R.A. 7166]

X. JURISPRUDENCE RELATED TO CANDIDATES


A. Citizenship Requirement
1. Poe v. COMELEC, March 2016 (Read only the main opinion and its discussion on the issue of
citizenship)
2. Macquiling v. COMELEC, G.R. No. 195649, July 2, 2013: to govern, one must have the
necessary qualifications; effect of filing a void Certificate of Candidacy
3. Arnado vs. COMELEC and Captain, G.R. No. 210164, August 18, 2015, the Court ruled:
"Under Section 4(d) of the Local Government Code, a person with "dual citizenship" is
disqualified from running for any elective local position.
B. Residence Requirements
1. Poe v. COMELEC, March 2016 (Read only the main opinion and its discussion on the issue of
residence)
2. Romualdez-Marcos v. COMELEC 248 SCRA 300 G.R. No. 119976 Sept. 18, 1995
3. Aquino v. COMELEC 248 SCRA 400 G.R. No. 120265, Sept. 18, 1995
4. Abella v. COMELEC 201 SCRA 253 G.R. No. 100710 Sept. 3, 1991
C. Term Limit
1. Montebon and Onday v. COMELEC and Potencioso, Jr. G.R. No. 18044 April 8, 2008
2. Sandoval v. COMELEC G.R. No. 154683 Nov. 12, 2002
D. Disqualification
1. MARY ELIZABETH TY-DELGADO v. HOUSE OF REPRESENTATIVES ELECTORAL
TRIBUNAL and PHILIP ARREZA PICHAY, January 26, 2016, G.R. No. 219603: conviction for
the crime of libel
2. Cayat v. COMELEC, G.R. No. 163776, April 24, 2007: conviction for acts of lasciviousness
3. Ongsiako-Reyes v. COMELEC, G.R. No. 207264, October 22, 2013: lack of citizenship; claim
of residence

E. Electioneering
Bernardo et al v. Abalos et al G.R. No. 137266 December 5, 2004: Complainant must present
actual proof to establish that certain acts of incumbent elective officials were employed to show
they were meant to influence public school teachers.
F. Failure of Elections
Banaga, Jr. v. COMELEC, G.R. No. 134696, July 31, 2000 – For failure of election to be
declared, two conditions must concur: no voting took place and the same is due to: force
majeure, violence, terrorism, fraud or other analogous cases.
What constitutes an election: Plurality of votes sufficient for:
(1) A choice conditioned on the plurality of valid votes or
(2) A valid constituency regardless of the actual number of votes cast.
Grounds to Declare Failure of Elections: (1) Election in any polling place has not been held on
the date fixed due to force majeure, violence, terrorism, fraud, or other analogous causes.
(2) Election in any polling place had been suspended before the hour fixed for the closing of the
voting due to force majeure, violence, terrorism, fraud, or other analogous causes.
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(3) After the voting and during the preparation and transmission of the election returns or in the
custody or canvass thereof such election results in a failure to elect due to force majeure,
violence, terrorism, fraud or other analogous causes. [Sec. 6, B.P. 881]
COMELEC, sitting en banc, may declare a failure of election by a majority vote of its members

XI. ELECTION PROTEST


A. Canvass of Votes by Appropriate Board of Canvassers (“BOC”)
1. For Local Candidates including Congressional District Representatives: District or
provincial BOC or the city BOC;
2. For Senators and Party-List Representatives: COMELEC sitting as the National BOC; and
3. For the President and Vice President: Congress as the National BOC
B. Proclamation: Proclamation shall be done after the canvass of election returns. In the
absence of a perfected appeal to the COMELEC, the candidates who obtained the highest
number of votes cast in the province, city, municipality or barangay, on the basis of the
certificates of canvass, may be proclaimed by the concerned BOC.
Partial Proclamation: Notwithstanding pendency of any pre-proclamation controversy,
COMELEC may summarily order proclamation of other winning candidates whose election will
not be affected by the outcome of the controversy. [Sec. 21, R.A. 7166]
A proclamation is deemed void:
(1) When it is based on incomplete returns [Castromayor v. Comelec (1995)] or
(2) When there is yet no complete canvass. [Jamil v. Comelec (1997)]
(3) A void proclamation is no proclamation at all, and the proclaimed candidate’s assumption
into office cannot deprive the COMELEC of its power to annul the proclamation.
Election resulting in a Tie: BOC, by resolution, upon five (5) day- notice to all tied candidates,
shall hold a special public meeting at which the board shall proceed to the drawing of lots of tied
candidates and shall proclaim as elected the candidates who may be favored by luck. [Sec. 240, B.P. 881]
Proclamation of a Lone Candidate: Upon the expiration of the deadline for the filing of
Certificates of Candidacy in a Special Election Called To Fill A Vacancy in an elective position
other than for President and Vice President, when there is only one (1) qualified candidate, he
shall be proclaimed elected without holding the special election upon certification by the
COMELEC that it is the only candidate for the office and is therefore deemed elected. [Sec. 2,
R.A. 8295, Law on Proclamation of Solo Candidates]
C. Election Protest: a contest between the defeated and winning candidates on the ground of
fraud or irregularities in the casting of votes and counting of the ballots, or in the preparation of
the returns. It raises the question of who actually obtained the plurality of the legal votes and
therefore is entitled to hold the office.
1. ROLANDO P. TOLENTINO v. COMMISSION ON ELECTIONS (FIRST DIVISION),
ATTY. CRISTINA T. GUIAO-GARCIA, and HENRY MANALO, January 26, 2016, G.R. No.
218536: nature of protest in a barangay election
2. Topacio v. Paredes, G.R. No. L-8069, October 7, 1912 – Election disputes involve those
pertaining to casting and counting of votes and those referring to eligibility of candidates.
3. Soller vs. COMELEC, G.R. No. 139853, Sept. 5, 2000 – Issues related to election protest
must first be head by a COMELEC division. An appeal of a ruling of a Division is resolved by
COMELEC en banc.

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4. Carloto v. COMELEC, G.R. No. 174155, January 24, 2007 – Dismissal is proper for failure
to cite specific allegations that would merit the review of the result of the election.
5. Villarosa v. HRET and Ricardo V. Quintos, G.R. No. 143351, 144129, Sept. 14, 2000 – For
appropriating the initials or nickname of her spouse, Congresswoman Villarosa was unseated.
6. Torres v. HRET, G.R. No. 144491, February 6, 2001 – The Supreme Court upheld the findings
of HRET which conducted the revision of ballots which is consistent with the settled
jurisprudence that the Court will not disturb the findings of facts of a tribunal where there is no
patent misappreciation of the evidence.
7. Pimentel v. COMELEC, G.R. No. 178413, March 13, 2008 – Only the Senate Electoral
Tribunal has the sole jurisdiction over proceedings of the National Board of Canvassers.
8. Legarda v. de Castro PET Case No. 003, Jan. 18, 2008 – The Supreme Court dismissed the
Petition for each of legal and factual basis, as pilot tested revision of ballots would not affect the
major of votes obtained by de Castro and for failure of Legarda to pay the required fees.

An election contest consists of either:


(1) An election protest; or
(2) A quo warranto proceeding
Case:
Samad v. COMELEC, (1993): Once the competent tribunal has acquired jurisdiction of an
election protest or a petition for quo warranto, all questions relative thereto will have to be
decided in the case itself and not in another proceeding. This procedure will prevent confusion
and conflict of authority. Conformably, the Court has ruled in a number of cases that after a
proclamation has been made, a pre-proclamation case before the COMELEC is no longer viable.
Exceptions: The rule admits of exceptions, however, as where:
(1) The Board of Canvassers was improperly constituted;
(2) A quo warranto proceeding was not the proper remedy;
(3) When what was filed was not really a petition for quo warranto or an election protest but a
petition to annul a proclamation;
(4) When 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
(5) When the proclamation was null and void. [Samad v. Comelec, (1993)]
D. Jurisdiction over Election Contests
(1) COMELEC – over all contests relating to the elections, returns and qualifications of all
elective regional, provincial and city officials [Sec. 250. BP 881]
(2) RTC - over contests involving municipal officials [Sec. 251. BP 881]
(3) MeTC or MTC – over election contests involving barangay officials [Sec. 252. BP 881]
(4) HRET – over election contests involving members of the House of Representatives
(5) SET – over election contests involving members of the Senate
(6) PET – over election contests involving presidential and vice-presidential candidates
Cases:
1. Reyes v. COMELEC and Tan, G.R. No. 207264, June 25, 2013. To be considered a member of
Congress, there must be concurrence of the following requisites: a valid proclamation; a proper
oath; and assumption to duty. Absent any of the foregoing, the COMELEC retains jurisdiction
over said contests.

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2. Macalintal v. PET, G.R. No. 191618, June 11, 2011. PET, as intended by the framers of the
Constitution, is to be an institution independent, but not separate, from the judicial department.
3. Ongsiako Reyes v. COMELEC et. al., G.R. No. 207264, Oct. 22, 2013: HRET is sole judge of
all election contests involving members of HOR, supra
4. Velasco v. Hon. Belmonte (2016): A writ of mandamus may be issued to compel the Speaker
of the House to administer the oath of the duly-elected representative of a congressional district;
nature of a quo warranto proceeding against an elective official
4. Pimentel v. COMELEC, G. R. No. 178414, March 13, 2008 and Tanada, Jr. v. COMELEC et.
al. G.R. Nos. 207199-200, Oct. 22, 2013: proclamation of winner in a senatorial election
deprives the COMELEC of jurisdiction; SET must resolve the contest.
E. Issues in Election Cases
Only the following issues may be raised in all election cases: Election, Returns and
Qualifications

XII. ELECTION OFFENSES


A. Prohibited Contributions: No candidate shall receive contributions from:
(1) Public or private financial institutions. Unless:
(a) The financial institutions are legally in the business of lending money;
(b) The loan is made in accordance with laws and regulations; and
(c) The loan is made in the ordinary course of business.
(2) Natural and juridical persons operating a public utility or in possession of or exploiting any
natural resources of the nation.
(3) Natural and juridical persons who hold contracts or sub-contracts to supply the government
or any of its divisions, subdivisions or instrumentalities, with goods or services or to perform
construction or other works.
(4) Grantees of franchises, incentives, exemptions, allocations or similar privileges or
concessions by the government or any of its divisions, subdivisions or instrumentalities,
including GOCCs.
(5) Grantees, within one (1) year prior to the date of the election, of loans or other
accommodations in excess of P100,000 by the government or any of its divisions, subdivisions
or instrumentalities including GOCCs.
(6) Educational institutions which have received grants of public funds amounting to no less than
P100,000.
(7) Officials or employees in the Civil Service, or members of the Armed Forces of the
Philippines.
(8) Foreigners and foreign corporations, including foreign governments. [Sec. 95 and 96, B.P.
881]
B. Prohibited Fund-Raising Activities: The following are prohibited if held for raising
campaign funds or for the support of any candidate from the start of the election period up to and
including election day:
(1) Dances
(2) Lotteries
(3) Cockfights
(4) Games

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(5) Boxing bouts
(6) Bingo
(7) Beauty contests
(8) Entertainments, or cinematographic, theatrical or other performances
C. Prohibited Donations: For any person or organization, civic or religious, directly or
indirectly, to solicit and/or accept from any candidate or from his campaign manager, agent or
representative, or any person acting in their behalf, any gift, food, transportation, contribution or
donation in cash or in kind from the start of the election period up to and including election day
Except: Normal and customary religious stipends, tithes, or collections on Sundays and/or other
designated collection days [Sec. 97, B.P. 881]
Requisites of a Prohibited Donation: Who: By candidate, spouse, relative within 2nd civil degree of
consanguinity or affinity, campaign manager, agent or representative; treasurers, agents or
representatives of political party
When: During campaign period, day before and day of the election
Directly or indirectly:
(1) Donation, contribution or gift in cash or in kind; or
(2) Undertake or contribute to the construction or repair of roads, bridges, school buses,
puericulture (health) centers, medical clinics and hospitals, churches or chapels cement
pavements, or any structure for public use or for the use of any religious or civic organization.
Exceptions:
(1) Normal and customary religious dues or contributions; or
(2) Periodic payments for legitimate scholarships established and school contributions habitually
made before the prohibited period.
A foreigner is prohibited to:
(1) Aid any candidate or political party, directly or indirectly;
(2) Take part or influence in any manner in any election; or
(3) Contribute or make any expenditure in connection with any election campaign or partisan
political activity. [Sec. 81, B.P. 881]
A person during the campaign period to:
(1) Remove, destroy, obliterate or in any manner deface or tamper with lawful election
propaganda; or
(2) prevent the distribution of lawful election propaganda [Sec. 83, B.P.881]
It is not allowed for any candidate, political party, organization or any person to:
(1) Give or accept, directly or indirectly, free of charge, transportation, food or drinks or
things of value during the five hours before and after a public meeting, on the day preceding the
election, and on the day of the election;
(2) Give or contribute, directly or indirectly, money or things of value for such purpose (Sec.
89, B.P. 881)
D. Limitations on Expenses
For Candidates affiliated with Political Parties/Coalition
(1) President and Vice President: P10 for every voter currently registered
(2) Other candidates: P3 for every voter currently registered in the constituency where he filed
his certificate of candidacy

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For candidates without a political party: P5 for every voter
For Political Parties: P5 for every voter currently registered in the constituency or
constituencies where it has official candidates [Sec. 13, R.A. 7166, An Act Providing for
Synchronized National and Local Elections and Electoral Reforms]
Statement of Contributions and Expenses: Every candidate and treasurer of the political party
shall file in duplicate with the COMELEC the full, true and itemized statement of all
contributions and expenditures in connection with the election within 30 days after the day of the
election.
Effect of Failure to File Statement: No person elected to any public office shall enter upon the
duties of his office until he has filed the statement of contributions and expenditures. The same
prohibition shall apply if the political party which nominated the winning candidate fails to file
the statements.
CASES:
1. GOV. EXEQUIEL B. JAVIER v. COMMISSION ON ELECTIONS, CORNELIO P. ALDON,
and RAYMUNDO T. ROQUERO, January 12, 2016, G.R. No. 215847: liability for commission
of election offense; what constitutes an election offense
2. WIGBERTO "TOBY" R. TAÑADA, JR. v. HOUSE OF REPRESENTATIVES ELECTORAL
TRIBUNAL, ANGELINA "HELEN" D. TAN, AND ALVIN JOHN S. TAÑADA,G.R. No. 217012,
March 01, 2016, grounds for cancellation of COC; jurisdiction of the HRET

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Part III: Law on Public Officers
A. General Principles
Definition: Public Office is the right, authority and duty, created and conferred by law, by
which, for a given period either fixed by law or enduring at the pleasure of the creating power, an
individual is invested with some portion of the sovereign functions of government, to be
exercised by that individual for the benefit of the public. [Mechem, quoted in Fernandez v. Sto.
Tomas (1995)]
Philippine Constitution, Art. XI, Sec. 1 “Sec. 1. Public office is a public trust. Public officers
and employees must, at all times, be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest
lives.”
JESSICA LUCILA G. REYES v. THE HONORABLE OMBUDSMAN, G.R. Nos. 212593-94,
March 15, 2016: Accountability of public officers; powers of the Ombudsman (Sections 5 to 14,
Article XI of the 1987 Constitution, in relation to R.A. No. 6770, or otherwise known as "The
Ombudsman Act of 1989.")
Public office may be considered property in a limited sense:
(1) In quo warranto proceedings to decide which of the two persons is entitled to a public office.
(2) When the dispute concerns security of tenure.
B. Creation, Modification and Abolition of Public Office
1. Creation of Public Office
General Rule: The creation of public office is a congressional prerogative.
Exceptions: Offices created by the Constitution; and offices created by a tribunal or body to
which the power to create has been validly delegated.
2. Modification and Abolition of Public Office
General Rule: Legislative in nature, as the power to create includes power to modify or abolish.
Exceptions:
(1) Where the Constitution prohibits such modification/abolition;
(2) Where the Constitution gives the people the power to modify or abolish the office [i.e.
Recall]
Estoppel in Denying Existence of Office
A person is estopped from denying that he has occupied a public office when he has acted as a
public officer; more so when he has received public monies by virtue of such office.
Case: Mendenilla v. Onandia (1962)]

3. Classification of public offices and public officers


As to creation: constitutional or statutory
As to public served: national or local
As to duties discharged: legislative, executive, or judicial
As to nature of responsibilities: civil or military
As to exercise of discretion: discretionary or ministerial
As to title to office: de jure or de facto
As to compensation: lucrative or honorary
C. Modes and Kinds of Appointment

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Modes of Acquiring Title to Public Office
(1) Election: selection by popular vote
(2) Appointment: under the Constitution; by provision of law; role of CSC
(3) Others:
(a) Succession by operation of law;
(b) Direct provision of law, e.g. ex-officio officers Secretary of Justice as member of the
JBC
Kinds: elective and appointive
D. Eligibility and Qualification Requirements
Eligibility: all government positions require specific eligibility to be considered as being legally
fit or qualified to be chosen.
Qualification: Endowment/act which a person must do before he can occupy a public office.
Restrictions on the Power of Congress to Prescribe Qualifications:
(1) Congress cannot exceed its constitutional powers;
(2) Congress cannot impose conditions of eligibility inconsistent with constitutional provisions;
(3) The qualification must be germane to the position;
(4) Congress cannot add to eligibility requirements specified in the Constitution; and
(5) Congress cannot prescribe qualifications so detailed to amount to making a legislative
appointment which violates the doctrine of separation of powers.
Cases: Flores v. Drilon (1993)]: restrictive provisions
Vargas v. Rilloraza (1948): review of qualifications
Manalang v. Quitorano (1954)]: automatic transfer
Cuyegkeng v. Cruz (1960)]: importance of shortlist of candidates

When qualifications must be possessed:


(1) At the time specified by the Constitution or law.
(2) If time is unspecified, there are two views:
(a) Qualification during commencement of term or induction into office– if qualified at the time
of commencement of the term or induction into office, disqualification of the candidate or
appointee at the time of election or appointment is immaterial
b) Qualification/eligibility during election or appointment – conditions of eligibility must exist at
the time of the election or appointment, and that their existence only at the time of the
commencement of the term of office or induction of the candidate or appointee into office is not
sufficient to qualify him to office.
(3) Qualification is of a continuing nature, and must exist throughout the holding of the public
office. Once the qualifications are lost, the public officer forfeits the office.
Case: Castaneda v. Yap (1952): no estoppel on claim for eligibility.
E. Disabilities and Inhibitions of Public Officers
1. General Rule: Individuals who lack ANY of the qualifications prescribed by the Constitution
or by law for a public office are ineligible (i.e. disqualified from holding such office).

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2. Authority to prescribe qualifications: The legislature has the right to prescribe
disqualifications in the same manner that it can prescribe qualifications, PROVIDED that the
prescribed disqualifications do not violate the Constitution.
3. General Constitutional Disqualifications
(a) Losing candidates cannot be appointed to any governmental office within one year after such
election. (Art. IX-B Sec. 6)
(b) Elective officials during their tenure are ineligible for appointment or designation in ANY
capacity to ANY public office or position [Art. IX-B Sec. 7(1)] unless they forfeit their seat
(c) General Rule: Appointive officials shall not hold any other governmental position, UNLESS
otherwise allowed by law or his position’s primary functions [Art. IX-B Sec 7 (2)]
• Exception: ex-officio positions, which are positions held as provided by law and
required by the primary functions of the office.
• Exception to exception: However, the President, VP, the members of the Cabinet
and their deputies or assistants are subject to the stricter disqualification that they
cannot hold ANY other office or employment, even ex-officio ones.
• Exception to THAT: where such holding of two positions is provided in the
Constitution, e.g. the President is the head of NEDA.
4. Specific Constitutional Disqualifications
(a) The President, Vice President, the Members of the Cabinet and their deputies or assistants:
Shall not hold any other office or employment during their tenure, UNLESS otherwise provided
in the Constitution, (Art. VII, Sec. 13)
(b) The President’s spouse and relatives by consanguinity or affinity within the fourth civil
degree: Shall not be appointed during President’s tenure as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including government-owned-or -controlled corporations. (Art. VIII,
Sec. 13)
(c) Senator or Member of the House of Representatives: May not hold during his term any other
office or employment in the Government, or any subdivision, agency or instrumentality thereof,
including government -owned or -controlled corporations or their subsidiaries. If he does, he
forfeits his seat; and
Shall also not be appointed to any office when such was created or its emoluments were
increased during his term. (Art. VI, Sec 13)
(d) Members of the Supreme Court and other courts established by law: Shall not be designated
to any agency performing quasi-judicial or administrative functions. (Art. VIII, Sec. 12)
(e) Members of the Constitutional Commissions: Shall not hold any other office or employment
[during their tenure]. (Art. IX-A, Sec. 2)
(e) The Ombudsman and his Deputies: No other office or employment during their tenure. (Art.
XI, Sec. 8)
5. Other Disqualifications
(a) Mental or physical incapacity
(b) Misconduct or crime: persons convicted of crimes involving moral turpitude are disqualified
from holding public office.

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(c) Impeachment: review procedure on impeachment and trial; effect on public official
impeached
(d) Removal or suspension from office: jurisdiction of Ombudsman and Civil Service
Commission
(e) Previous tenure of office: limitations on extension of term of office fixed by the Constitution
and by law
(f) Consecutive terms limit:
(a) Vice-President = two consecutive terms of 6 years each
(b) Senator = two consecutive terms of 6 years each
(c) Representative of Congressional District = three consecutive terms of 3 years each
(d) Elective local officials = 3 consecutive terms (Sec. 8, Art. X, Constitution)
(g) Holding more than one office, supra.
(h) Holding of office in the private sector:
(i) Section 7 (b)(1)of RA 6713 makes it unlawful for public officials and employees to own,
control, manage, or accept employment as officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated, supervised or licensed by their office
during their incumbency unless expressly allowed by law.
(ii) Section 7 of RA 6713 also generally provides for the prohibited acts and transactions of
public officials and employees. Subsection (b) (2) prohibits them from engaging in the private
practice of their profession during their incumbency. As an exception, a public official or
employee can engage in the practice of his or her profession under the following conditions:
first, the private practice is authorized by the Constitution or by the law; and
second, the practice will not conflict, or tend to conflict, with his or her official functions.
5. Nepotism
General Rule: The Civil Service Decree (PD 807) prohibits all appointments in the national and
local governments or any branch or instrumentality thereof made in favor of relatives within the
third degree of consanguinity or affinity of:
(a) appointing authority;
(b) recommending authority;
(c) chief of the bureau office; or
(d) person exercising immediate supervision over the appointee
In the last two cases, it is immaterial who the appointing or recommending authority is. To
constitute a violation of the law, it suffices that an appointment is extended or issued in favor of
a relative of the chief of the bureau or office, or the person exercising immediate supervision
over the appointee
Case: CSC v. Dacoycoy (1999)
Exceptions to rule on nepotism:
(a) persons employed in a confidential capacity
(b) teachers
(c) physicians
(d) members of the Armed Forces of the Philippines
(f) those that were already appointed to the same office, but later got married.

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6. Midnight Appointments: A President or Acting President is prohibited from making
appointments two months immediately before the next presidential elections and up to the
end of his term. (Art. VII, Sec. 15, Constitution)
Case: De Castro v. JBC, G.R. No. 1911002, March 17, 2010
Exception: Temporary appointments to executive positions when continued vacancies
therein will prejudice public service or endanger public safety.
7. Limitations under the Local Government Code, the ff. cannot be local government
officials (Sec. 40, LGC)
(a) Sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by 1 year or more of imprisonment, within 2 years after serving
sentence;
(b) Removed from office as a result of an administrative case;
(c) Convicted by final judgment for violating the oath of allegiance to the Republic;
(d) Those holding dual allegiance.
(e) Fugitive from justice in criminal or non-political cases here or abroad;
(f) Permanent residents in a foreign country or those who have acquired the right to
reside abroad and continue to avail of the same right after the effectivity of the Local
Government Code;
(g) The insane or feeble-minded.
F. Powers and Duties of Public Officers
1. Source of Power of Public Officers: Sovereignty resides in the people, and is then delegated
to public officers.
2. Authority of Public officers
(a) The grant of authority is not presumed. In the absence of a valid grant, public officers are
devoid of power.
(b) The public are presumed to have knowledge of a public official’s authority, and are given the
responsibility to ascertain the scope of his authority. As a result, there is no such thing as
apparent authority of a public officer.
3. The power of a public officer includes those:
(a) Expressly conferred upon him by the act appointing him
(b) Expressly annexed to the office by law and
(c) Attached to the office by common law as incidents to it
4. Doctrine of necessary implication – all powers necessary for the effective exercise of the
express powers are deemed impliedly granted
5. Limitations of the powers of a public officer
• Authority can be exercised only during the term when the public officer is, by law,
invested with the rights and duties of the office
• May only be exercised in the territory where the authority is effective.
G. Rights of Public Officers
1. Rights incident to public office
The rights of one elected or appointed to office are, in general, measured by the Constitution
or the law under which he was elected or appointed.
2. Rights as a citizen
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(a) Protection from publication commenting on his fitness and the like
(b) Engaging in certain political and business activities
3. Right to compensation and other benefits
Right of a de facto officer to salary –where there is no de jure officer, a de facto officer who, in
good faith, has possession of the office and has discharged the duties thereof, is entitled to salary.
Case: Civil Liberties Union v. Executive Secretary, G.R. No. 83896, February 22, 1991
4. Right to Vacation Leave and Sick Leave with Pay
5. Right to Retirement Pay
6. Rights under the Constitution
(a) Right to self-organization
(b) Right to protection of temporary employees
(c) Freedom of members of Congress from arrest and from being questioned
(d) Right not to be removed or suspended except for cause provided by law
7. Rights under the Civil Service Decree and the New Administrative Code
(a) Right to preference in promotion
(b) Right to present complaints and grievances
(c) Right not to be suspended or dismissed except for cause as provided by law and after due
process
(d) Right to organize

H. Liabilities of Public Officers


1. Three fold liability of a public officer: civil liability, criminal liability and administrative
liability
CASE: ALMA G. PARAISO-ABAN v. COMMISSION ON AUDIT, January 12, 2016, G.R. No.
217948: degree of diligence required of a public officer; liability for failure to observe
responsibility of required of a public officer
2. Preventive suspension is not a penalty but is mean to safeguard the integrity of the
administrative investigation. There is no compensation given during this period of
suspension.
3. Effects on resolution of cases on public officers:
When a public officer is suspended pending appeal, he is entitled to compensation for the
period of suspension if he is found innocent.
If a public officer is illegally removed, he may be reinstated. If there was bad faith or
malice, the superior who caused such illegal removal will be held personally accountable
for the back salaries of subject employee.
The award of backwages is limited to a maximum period of five years.
Case: David v. Gania (2003)
Right to Reinstatement: Reinstatement means the restoration to a state or condition from which
one had been removed or separated. One who is reinstated assumes the position he had occupied
prior to the dismissal.
Right to Back Salaries –back salaries are payable to an officer illegally dismissed or otherwise
unjustly deprived of his office, the right to recover accruing from the date of deprivation. The
claim for back salaries must be coupled with a claim for reinstatement and subject to the
prescriptive period of one year.
I. Immunity of Public Officers

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Official immunity is not absolute; serves to protect the public officer in the discharge of his
responsibilities; serves as a protective aegis for public officials from tort liability for
damages on account of his responsibilities

J. De Facto Officers
De jure and de facto officers, distinguished: elements of in determining is one is a de facto
officer:
• There must be a de jure office
• Color of right or general acquiescence by the public
• Actual physical possession of the office in good faith
Quo Warranto – normally brought in cases involving public officers, both elective and
appointive, as to which party has a right or title to the office.

K. Termination of Official Relation


1. Expiration of Term of office
2. Accomplishment of the Purpose accomplishment of the purposes which called it into being
3. Upon reaching the age limit (retirement)
Compulsory Retirement Age
(1) Members of the Judiciary – 70 yrs old
(2) Other government officers and employees – 65 yrs old [new GSIS Charter]
(3) Optional retirement age – after rendition of the minimum number of years of service [RA
1616]
4. Death or when public servant suffers permanent disability
5. Resignation from office
6. Holding of incompatible offices
7. Abolition of office
8. Reorganization
9. Attrition
10. Impeachment
11. Conviction of a crime
12. Removal for Cause

L. The Civil Service


1. Types of public officers: appointive (except for confidential appointees, must comply with
CSC standard qualifications); and elective (derives position by direct mandate of the people.
2. QUALITIES of a Public Officer (RILE): must serve with utmost RESPONSIBILITY,
INTEGRITY, LOYALTY and EFFICIENCY; act with patriotism and justice and lead
modest life.
3. General Rule: A public servant may only be removed for cause. Every appointment is based
on merit and fitness.
4. Next-in-Rank Rule
This rule specifically applies only in cases of promotion. It neither grants a vested right to the
holder nor imposes a ministerial duty on the appointing authority to promote such person to the
next higher position.

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One who is “next-in-rank” to a vacancy is given preferential consideration for promotion to a
vacant position, but it does not necessarily follow that he alone and no one else can be appointed.
Reason for the rule: The preference given assumes that employees working in an office for
longer period have gained not only superior skills but also greater dedication to the public
service provided that the acts of the appointing power are bona fide for the best interest of the
public service and the person chosen has the needed qualifications.
5. Personnel Actions
Any action denoting the movement or progress of personnel in the civil service is known as
personnel action.
It includes:
(a) appointment through certification
(b) promotion
(c) transfer
(d) reinstatement
(e) reemployment
(f) detail
(g) reassignment
(h) demotion and
(i) separation

M. Accountability of Public Officers


1. Jurisdiction of the Sandiganbayan (Art. XI, Sec. 4)
Cases:
Serena v. Sandiganbayan, 542 SCRA 224
People v. Luis Morales, G.R. No. 166355, May 30, 2011
2. The Office of the Ombudsman
• Composition (Art. XI, Sec. 5)
• Qualification (Art. XI, Sec. 8)
• Appointment and term (Art. XI, Sections 8 and 11)
• Rank and Salary (Art. XI, Sec. 10)
• Disqualifications (Art.XI, Sec. 8, Art. IX, A, Sec. 2)
• Jurisdiction (Art. XI, Sec. 12)
• Powers and functions (Art. XI, Sec. 13)
• Fiscal autonomy (Art. XI, Sec. 14)
• Appointment of personnel (Art. XI, Sec. 6)

Cases:
Ombudsman Carpio-Morales v. Court of Appeals, Binay et al (2016)
Emilio A. Gonzales III v. Office of the President, etc., et al./Wendell Bareras-Sulit v. Atty.
Paquito N. Ochoa, Jr., et al., G.R. No. 196231/G.R. No. 196232, January 28, 2014
Office of the Special Prosecutor (Art. XI, Sec. 7)
Emilio A. Gonzales III v. Office of the President, etc., et al./Wendell Bareras-Sulit v. Atty.
Paquito N. Ochoa, Jr., et al, supra
ZAMBOANGA CITY WATER DISTRICT, represented by its General Manager, Leonardo
Rey D. Vasquez v. COMMISSION ON AUDIT, January 26, 2016, G.R. No. 213472:
limitations on grant of benefits

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METROPOLITAN NAGA WATER DISTRICT, VIRGINIA I. NERO, JEREMIAS P. ABAN
JR., AND EMMA A. CUYO v. COMMISSION ON AUDIT, G.R. No. 218072, March 08, 2016:
grant of COLA and other fringe benefits
MARY LOU GETURBOS TORRES v. CORAZON ALMA G. DE LEON, in her capacity as
Secretary General of the Philippine National Red Cross and THE BOARD OF GOVERNORS
of the PHILIPPINE NATIONAL RED CROSS, National Headquarters, January 18, 2016,
G.R. No. 199440: jurisdiction of the CSC over PNRC employees
Please note:
Resolutions/ actions of CSC, COA and COMELEC are reviewed by S.C. en banc because the
Constitution provides for this. Rule 65 is normally applied.
Certiorari, Prohibition and Mandamus: distinguish one from the other, requisites for issuance
of the writs; certiorari normally invoked where there is no other speedy remedy available
particularly where there is abuse of discretion on the part of the respondent-party and to correct
errors of jurisdiction; prohibition – prevents/enjoins the party from acting on a matter presented
the court; and mandamus – will be issued only when there is particular law which
commands the party to perform an act and will not to compel the performance of a
discretionary duty (ex. issuance of a passport or visa).

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