Subordinate Legislation This is the power of Similarities with DEAR 1.

both of them are

administrative agency to promulgate rules and administrative remedies provided by law 2. both of
regulations with force and effect of a law on matters of them must first be exhausted before going to the court.
their own specialization. Administrative authorities are
vested with the power to make rules and regulations When must these issues be resolved first being
because it is impracticable for lawmakers to provide technical in nature? - it must first be referred to the
general regulations for various varying details of appropriate administrative body who has the expertise
management. (PNOC vs. CA, 457 SCRA 32) As to resolve the issue - if filed in court, the court will not
subordinate legislation, the power to make rules and take cognizance of the case, especially if there is a
regulations so passed by administrative agencies are technical issue identified. That technical issue must
only of the nature of implementing rules and first be referred to the administrative body for
regulations, which are tested by their conformity to the resolution before the legal issue will be resolved by
standards set by, and their ability to carry out the the court.
legislative intent contained in the primary law.
Courts cannot or will not determine a controversy
Requisites for valid exercise of rule-making power involving a question which is within the jurisdiction of
1. the rule must be issued under the authority of law 2. the administrative tribunal prior to the resolution of
the administrative issuance must be within the scope that question by the administrative tribunal, where the
and purview of the law; 3. the rule must be question demands the exercise of sound administrative
promulgated in accordance with the prescribed discretion requiring the special knowledge, experience
procedure 4. the rules must be reasonable and services of the administrative tribunal to
determine technical and intricate matters of fact [Guy
Additional requisites if rules contain penal v. Ignacio, G.R. No. 167824 (2010)].
sanctions 1. Law itself must declare as punishable the
violation of administrative rule or regulation (People Requisites 1. An administrative body and a regular
vs. Maceren, 79, SCRA 450); and 2. Law should court have concurrent and original jurisdiction 2.
define or fix penalty therefor. Question to be resolved requires expertise of
administrative agency 3. Legislative intent on the
Doctrine of Exhaustion of Administrative matter is to have uniformity in rulings 4.
Remedies Administrative agency is performing a quasi-judicial
or adjudicatory function (not rulemaking or quasi-
General Rule: Where the law has delineated the legislative function [Smart v. NTC, G.R. No. 151908
procedure by which administrative appeal or remedy (2003)]
could be effected, the same should be followed before
recourse to judicial action can be initiated [Pascual v. When the Doctrine is not Applicable 1. When the
Provincial Board, G.R. No. L-11959 (1959)]. issue is not within the competence of the
administrative body to act on (e.g. pure questions of
It postulates that before a party can go to the court and law, over which the expertise is with the courts); 2.
seek judicial remedy, he must first avail administrative When the issue involved is clearly a factual question
remedies when so required by law - if not required by that does not require specialized skills and knowledge
law, one can go straight to the courts. for resolution to justify the exercise of primary
jurisdiction.
What is the effect on the case filed if a party fails to
avail administrative remedy when so required by RES JUDICATA
law? - the case is vulnerable to dismissal on the
ground of lack of cause of action. What is the principle of res judicata? - very similar
to the doctrine of finality of judgment - under res
Requisites a. The administrative agency is performing judicata, yung literal meaning nya “let the case rest”;
a quasi-judicial function; b. Judicial review is hindi pwede na na-close na yung case, irereopen mo
available; and c. The court acts in its appellate na naman! Bakit? - it proscribe the reopening of the
jurisdiction. case, once it has become final and executory because
at one point in time, a case must terminate.
Exceptions to the Doctrine The exceptions may be
condensed into three: 1. Grave abuse of discretion; 2. DOCTRINE OF FINALITY OF
Pure question of law; or 3. No other plain, speedy, and ADMINISTRATIVE ACTION (DFAA)
adequate remedy.
Courts will not interfere with the act of an
PRELIMINARY JURISDICTION OR administrative agency before it has reached finality or
PRELIMINARY RESORT (TWIN DOCTRINE it has been completed. Once a decision or order
OF DEAR) becomes final and executory, it thereby becomes
immutable and unalterable and any amendment or
alteration which substantially affects a final and
executory judgment is null and void for lack of opportunity to appear and defend his rights, and to
jurisdiction, including the entire proceedings held for introduce witnesses and relevant evidence in his favor;
that purpose [Gagui v. Dejero, G.R. No. 196036 B. Substantive Due Process 3. A tribunal so
(2013)]. constituted as to give him reasonable assurance of
honesty and impartiality, and one of competent
Exceptions to the doctrine of finality [Peña v. GSIS, jurisdiction; 4. And a finding or decision by that
G.R. No. 159520 (2006)] a. Correction of clerical tribunal supported by substantial evidence presented at
errors b. Nunc pro tunc entries which cause no the hearing, or at least ascertained in the records or
prejudice to any party c. Void judgments d. Whenever disclosed to the parties. (Air Manila, Inc. vs. Balatbat,
circumstances transpire after the finality of the 38 SCRA 489; Fabella vs. CA, 282 SCRA 256;
decision rendering its execution unjust and Domingo vs. Ryala, 545 SCRA 90
inequitable.
Substantial evidence means such relevant evidence as
Administrative Due Process a reasonable mind might accept as adequate to support
a conclusion.
While administrative agencies are free from the
rigidity of certain procedural requirements, they Administrative appeal and review
cannot entirely ignore or disregard the fundamental
and essential requirements of due process in trials and
investigations of an administrative character [Ang
Tibay v. CIR, G.R. No. L-46496 (1940)]. Effect of
Decisions Rendered without Due Process A decision
rendered without due process is void ab initio and may ELECTION LAW
be attacked at any time directly or collaterally by
means of a separate action or proceeding where it is Right to Suffrage Definition: Suffrage is the right to
invoked [Garcia v. Molina, G.R. No. 157383 (2010)]. vote in the election of officers chosen by the people
and in the determination of questions submitted to the
Due process is violated when: 1. There is failure to people.
sufficiently explain the reason for the decision
rendered; or 2. If not supported by substantial REQUISITES OF THE RIGHT TO VOTE 3
evidence; or 3. Imputation of a violation and substantial requisites & 1 procedural requisite: A - age
imposition of a fine despite absence of due notice and C - citizenship R - residency R - registration as a voter
hearing [Globe Telecom v. NTC, G.R. No. 143964
(2004)]. Three Kinds of Overseas Filipino: 1. OFWs 2. Green
card holders / immigrants 3. Dual Citizens
NOTICE AND HEARING When required: 1. When They are all allowed to vote! Under what system? -
the law specifically requires it; or 2. When it affects a the Overseas Absentee Voting System
person’s status and liberty When not required: 1.
When there is urgent need for immediate action EXCEPTIONS — Dual citizens who are NOT
[Secretary of Justice v. Lantion, G.R. No. 139465 ALLOWED TO VOTE 1. Those who are employed in
(2000)]; 2. When there is tentativeness of the government service in the other country where
administrative action, i.e. the person affected is not they are also citizens; Those who run also in a public
precluded from enjoying the right to notice and office.
hearing at a later time without prejudice to them; 3.
When notice and hearing have been proferred, but the REGISTRATION AS A VOTER - procedural
right to exercise them have not been claimed; requirement - you have to register and the registration
is even biometrics; so, no biometric registration, no
Required Notice and Hearing under the Admin. voting.
Code ● Contested cases [Sec. 11, Chapter 3, Book
VII, Admin. Code] ● Insofar as practicable, to certain Section 9 of the Voter’s Registration Act, which
licensing procedures, involving grant, renewal, denial amended the Election Code, a Filipino who has left his
or cancellation of a license; i.e. when the grant, domicile of origin: (1) by reason of employment (like
renewal, denial or cancellation of a license is required Ana), (2) by reason of education (scholar pa siya sa
to be preceded by notice and hearing [Sec. 17(1), Harvard pala ng ilang taon); and (3) by reason of
Chapter 3, Book VII, Admin. Code] ● All licensing military service, they are NOT deemed to have lost
procedures, when a license is withdrawn, suspended, their domicile of origin.
revoked or annulled [Sec. 17(2), Chapter 3, Book VII,
Admin. Code] What remedy is available? - file an INCLUSION
case before the MTC. - Prove in the MTC that you
A. Procedural Due Process 1. Notice, be it actual or possess the residency requirement and if the MTC
constructive, of the institution of the proceedings that believe that you possess the residence requirement, the
may affect a person’s legal right; 2. Reasonable
MTC will order the COMELEC to have your name What is the rule? - qualified upon filing of certificate
included in the list. of candidacy (COC) because the act of filing a COC is
an act of renouncing the other foreign citizenship.
What remedy is available to the brother? - the
opposite to inclusion is EXCLUSION, the same court Right to be voted upon
(MTC). - File an exclusion case para matanggal yung
pangalan nila duon sa voter’s registration. 5 substantial requisites: A - age C - citizenship R -
residency E - educational requirement R -
When the preparation of the list is attended by fraud, registration as a voter
irregularity of substantial number that will affect the
outcome of the election, ANNULMENT OF When must the required age be possessed? - the
VOTERS’ LIST which effect is there will be a reckoning point is on the day of election
special registration where the flying voters will be
excluded. It is not necessary that a person should have a house in
order to establish his residence or domicile in a
Double Registration Effect: Second registration is municipality. It is enough that he should live there,
null and void Voter can still vote in the first place of provided that his stay is accompanied by his intention
registration. to reside therein permanently. [Romualdez-Marcos v.
COMELEC, G.R. No. 119976 (1995)]
DQ of voter:
There is nothing wrong in an individual changing
The following shall be disqualified from registering residences so he could run for an elective post, for as
[Sec. 11, R.A. 8189]: 1. Any person who has been long as he is able to prove that he has effected a
sentenced by final judgment to suffer imprisonment of change of residence for the period required by law
not less than one (1) year, such disability not having [Aquino v. COMELEC, G.R. No. 120265 (1995)].
been removed by plenary pardon or amnesty. 2. Any
person who has been adjudged by final judgment by a Qualifications and disqualifications of candidates
competent court or tribunal of having committed any
crime: 3. Insane or incompetent persons declared as Constitutional Officers 1. For President and Vice-
such by competent authority. President [Sec. 2-3 Art. VII] a. Natural-born citizen b.
Registered voter c. Able to read and write d. 40 years
Under the 1935 Constitution, what is the old on day of election e. Resident of the Philippines
citizenship of Sy upon birth? • Under 1987 for at least 10 years immediately preceding election
Constitution — Filipino because it is enough one of day; 2. For Senator [Sec. 3, Art. VI] a. Natural-born
the parent is a Filipino to make a child a Filipino. • citizen b. 35 years old on election day c. Able to read
Under 1935 Constitution, it is more strict — where the and write d. Registered voter e. Resident of the
father is a foreigner (Chinese) and the mother is a Philippines for at least 2 years immediately preceding
Filipina, born under that Constitution — the election day; 3. For Members of the House of
citizenship is Chinese upon birth. - But under the same Representatives [Sec. 6, Art. VI] a. Natural-born
Constitution, that Chinese boy is given a right to elect citizen b. 25 years old on election day c. Able to read
Filipino citizenship upon reaching the age of majority. and write d. Registered voter in district in which he
shall be elected e. Resident thereof for not less than
Dual Citizen: Voluntary - meaning under RA 9225 one year immediately preceding election day; 4. Local
“The Dual Citizenship Law” - disqualified, under Elective [Sec. 39, LGC] a. Citizen of the Philippines
Section 5, RA 9225 b. Registered voter in the Barangay, municipality, city
or province, or district where he intends to be elected
• If yes — RA 8171 because he is purely a Filipino c. Resident therein for at least one year immediately
upon repatriation. • If wala xang interest sa politics — preceding election day d. Able to read and write
RA 9225 so that he can enjoy the best of both worlds Filipino or any other local language or dialect e. Age
of America and the Philippines. requirement: [See table below]

Kung RA 9225 yung inapply hindi RA 8171 kasi hindi
tinanong ng abogado nya. So, how do you resolve it?
What is the remedy? — execute an affidavit of
renunciation of the foreign citizenship before any
person authorized to administer oath.
On Citizenship The law does not specify any
particular date or time when the candidate must
possess citizenship unlike that for residence and age. It
must be possessed upon proclamation or on the day
that the rem begins [Frivaldo v COMELEC, supra]

Dual Citizen: INvoluntary How does dual citizenship Disqualifications Under the Omnibus Election
acquired involuntarily? - by operation of foreign law Code (B.P. Blg. 881)

Any person who has been 1. Declared by competent

authority insane or incompetent, or 2. Has been
sentenced by final judgment a. For subversion,
insurrection, rebellion or b. For any offense for which (5) That right to vote or be elected or appointed to any
he has been sentenced to a penalty of more than public office in the Philippines cannot be exercised by,
eighteen months or c. For a crime involving moral or extended to, those who:
turpitude.
(a) are candidates for or are occupying any public
Under the Local Government Code 1. Sentenced by office in the country of which they are naturalized
final judgment for an offense: a. involving moral citizens; and/or
turpitude or b. punishable by at least 1-year
imprisonment. 2. Removed from office as a result of (b) are in active service as commissioned or non-
an administrative case. 3. Convicted by final judgment commissioned officers in the armed forces of the
for violating the oath of allegiance to the Republic of country which they are naturalized citizens.
the Philippines. 4. Dual citizenship. 5. Fugitive from
justice in criminal and nonpolitical cases here and
abroad. 6. Insane or feeble-minded.

f you are invoking Domicile of Choice, you have to

prove three things: (1) Actual stay in the new
domicile. (2) Intention to stay in the new domicile. (3)
Intention to abandon the the old domicile.

Ruling: Residency requirement must be counted

starting from the actual stay and must be based on
proof of animus revertendi and animus manendi and
not on what is written in the COC.

IMPORTANT DATES:

FC – August 3, 1988
1973 Constitution January 17, 1973

Section 5. Civil and Political Rights and

Liabilities -  Those who retain or re-acquire Philippine
citizenship under this Act shall enjoy full civil and
political rights and be subject to all attendant liabilities
and responsibilities under existing laws of the
Philippines and the following conditions:

(1) Those intending to exercise their right of surffrage

must Meet the requirements under Section 1, Article V
of the Constitution, Republic Act No. 9189, otherwise
known as "The Overseas Absentee Voting Act of
2003" and other existing laws;

(2) Those seeking elective public in the Philippines

shall meet the qualification for holding such public
office as required by the Constitution and existing
laws and, at the time of the filing of the certificate of
candidacy, make a personal and sworn renunciation of
any and all foreign citizenship before any public
officer authorized to administer an oath;

(3) Those appointed to any public office shall

subscribe and swear to an oath of allegiance to the
Republic of the Philippines and its duly constituted
authorities prior to their assumption of
office: Provided, That they renounce their oath of
allegiance to the country where they took that oath;

(4) Those intending to practice their profession in the

Philippines shall apply with the proper authority for a
license or permit to engage in such practice; and