POLITICAL LAW
entire proposal 2) the proposal must be embodied in the
1987 CONSTITUTION
AMENDMENTS
Amendment – broadly refers to a change that adds, reduces, deletes without
altering the basic principle involved.
Revision – implies a change that alters a basic principle in the Constitution,
like altering the principle of separation of power or the system of checks
and balances. There is also a revision that alters the substantial entirety of
the Constitution.
Two Test in Determining whether the same is Revision or Amendment
1. Quantitative Test – whether the proposed change is so extensive in
its provisions as to change directly the substance entirely.
2. Qualitative Test – inquiries into the qualitative effects of the
proposed change in the Constitution.
Steps in Amendment
A proposal may come from:
I. Congress, by vote of ¾ of all its members
 The provision shall be understood as referring to ¾ of the
Senate and ¾ of the HoR
 Congress is both a legislative body (Art. VI) and a
constituent body (Art. XVII)
II. Constitutional Convention – which may be called into existence
either by a vote of 2/3 vote of all its members of the Congress, or
by the majority vote of all members of Congress with question
whether or not to call a convention to be resolved by the people in
a plebiscite.
III. People through the power of initiative
 A petition of at least 12% of the total number of registered
votes of which every legislative district must be
represented by at least 3% of the registered voters therein.
 No amendment under this manner shall be authorized
within 5 years following the ratification of this
Constitution no more often than once every 5 years
thereafter.
 Two essential elements 1) people must author and sign the
petition.
 People initiative only applies to Amendments
 The amendment shall be part of the Consti if ratified by
majority votes casted in the plebiscite held not earlier than
60 days not later than 90 days after the approval of the
proposal by the Congress.
 Doctrine of Proper Submission – the people must be given
proper time frame of reference in arriving a decision.
 System of Initiatives
1. Initiative on the Constitution
2. Initiative on statutes
3. Initiatives on local legislation
JUDICIAL REVIEW
The power of the courts to test the validity of executive and legislative acts
in the light of their conformity with the Constitution.
The Constitution recognizes the power of the SC to decide constitutional
questions.
The Constitution also recognizes the authority of the lower courts to decide
questions involving the constitutionality of laws, treaties and international
agreements
In all actions assailing the validity of statutes, treaty, PD, order or
proclamation, notice to the SolGen is mandatory.
Political questions are outside the pale of Judicial Review
 XPN: to determine w/n there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government.
Requisites of Judicial Review
1. Actual case or controversy
 The controversy must be definite and concrete
  A conflict of legal rights, an assertion of opposite legal
claims which can be resolved on the basis of existing law
and jurisprudence.
 A request for advisory opinion is not an actual case or
controversy
 The actual controversy must be existing at all stages of
the review, not merely at the time the complaint is filed.
o The courts will still decide cases otherwise moot
and academic if:
 There is grave abuse of discretion
 There is an exceptional character of the
situation and paramount public interest
involved
 Constitutional issues raised require
formulation of controlling principles to
guide the bench, the bar and the public
 The case is capable of repetition yet
evasive of review.
2. Constitutional Question must be raised by Proper Party
 Locus standi – right of appearance in a court of justice on
a given question
 Real party in Interest – the party who stands to be
benefitted or injured by the judgement in the suit
 Direct injury test – a person who impugns the validity of a
statute must have a personal and a substantial material
interest in the case such that he has sustained or will
sustain direct injury as a result.
 Requirements:
o The case involves a constitutional issue
o For taxpayers there must be a claim of illegal
disbursement of public funds or that the tax
measure is unconstitutional
o For voters, there must be showing of obvious
interest in the validity of the election law in
question
o For concerned citizens, there must be showing
that the issues raised are of transcendental
importance which must be settled early
 Three factors for transcendental
importance: 1) character of the fund
involved in the controversy, 2) clear
disregard of the constitutional or
statutory prohibition, 3) the lack of any
other party with a more direct and
specific interest to bring the suit.
o For legislators, there must be a claim that the
official action complained of encroaches on their
prerogatives as legislators.
 Standing in the court may be set aside by the court in
view of the importance of the issues
 Facial Challenge – party can question the validity of
statute only, if as applied to him, it is unconstitutional.
o Overbreadth doctrine – permits a party to
challenge the validity of a statute even though as
applied to him, it is not unconstitutional but it
might be if applied to others not before the court.
o Void for Vagueness – law is facially invalid if
men of common intelligence must necessarily
guess at its meaning and differ as to its
application.
3. The constitutional question must be raised at the earliest possible
opportunity.
 The earliest opportunity to raise a constitutional issue is to
raise it in the pleadings before a competent court than can
resolve the same.
 In criminal case, the question can be raised at any time at
the discretion of the court.
 In civil case, the question can be raised at any stage of the
proceedings if necessary for the determination of the case
itself.
4. The decision on the constitutional question must be determinative
of the case itself.
 The constitutional issue must be the lis mota of the case
 Lis mota – the cause of the suit or action
Effects of Declaration of Unconstitutionality
 Court simply will refuse to recognize the law and determine the
rights of the parties if the statute had no existence.
 Thus, a public officer who implemented an unconstitutional law
prior to the declaration cannot be held liable
Operative Fact Doctrine
 Generally, the nullification of an unconstitutional law or act carries
with it the illegality of its effects.
 However, in cases where the nullification of its effect will result in
inequity and injustice, the operative fact doctrine may apply, and
the effect of an unconstitutional act will have to be recognized.
 Can also be applied to acts and consequences that resulted from the
reliance not only on a law or executive act which is quasi-
legislative in nature, but also on decisions or orders of the
executive branch which were later nullified.
PHILIPPINES AS A STATE
State – a community of persons, more or less numerous, permanently
occupying a definite portion of territory, independent of external control,
possessing a government to which a great body of inhabitants render
habitual obedience.
Elements of a State
1. People
 Requirement – adequate number for self-sufficiency and
defense; of both sexes for perpetuity
2. Territory
 Components- aerial, terrestrial, fluvial domains
 Archipelago doctrine – the waters around, between and
connecting the islands of the archipelago, regardless of
their breadth and dimension, form part of the internal
waters of the Philippines
 Straight line method – imaginary straight lines are drawn
joining the outermost points of the outermost islands of
the archipelago.
 UNCLOS – a product of international negotiation that
seeks to balance State sovereignty.
 Rights of Coastal State
o Such sovereignty extends to the air space over
territorial sea as well as to its bed and subsoil.
o Warships continue to enjoy sovereign immunity
subject to the provision of Art 30 (non-
compliance to laws and regulation of coastal
state) and 31 (responsibility of flag state for
damages caused by warship or other government
ship operated for non-commercial purpose) of
UNCLOS.
o In Arigo vs Swift, the SC said that “Non-
membership of the PH in UNCLOS does not
mean that the US will disregard the rights of the
PH as a coastal state over its internal waters and
territorial sea.
 Right of Innocent Passage – all states enjoy the right of
innocent passage through archipelagic waters.
o The archipelagic state may suspend temporarily,
without discrimination, the right in such areas
when deemed essential for the protection of
national security.
 Contiguous Zone – 12 miles
 EEZ – 200 miles
o States enjoy the freedom of navigation and
overflight, freedom to lay submarine cables and
pipeline, and other internationally recognized
lawful uses of the sea.
3. Government
 the agency or instrumentality through the will of the state
is formulated, expressed and realized.
 Functions of the Govt
o Constituent – mandatory for the Government to
perform because they constitute the very bonds
of society. (Maintenance of peace, regulation of
property and etc)
 o Ministrant (proprietary)– functions intended to
promote the welfare, progress and prosperity of
the people. This is optional for government to
perform.
 Doctrine of Parens Patriae – literary parent of the people.
As such, the government may act as guardian of the right
of people who may be disadvantaged or are suffering
from some disability or misfortune.
 Classification of governments
o De jure vs De facto
o Presidential vs parliamentary
o Unitary vs federal
4. Sovereignty
 Supreme and uncontrollable power inherent in a state by
which that state is governed.
 Kinds
o Legal – power to issue final commands
o Political – sum total of all the influences which
lie behind the law
o Internal – power over everything within the
territory
o External – also known as independence.
 Effects of change in sovereignty – abrogation of political
laws
 Effects of belligerent occupation – no change in
sovereignty. However, political laws are suspended,
except treason. Municipal laws remain in force unless
repealed by the belligerent occupants.
 Doctrine of jus postliminium – political laws are
automatically effective again when the occupant is ousted
from the territory.
 Dominium – the capacity to own or acquire property,
including lands held by the State in its proprietary
capacity
 Imperium – the authority possessed by the State embraced
in the concept of sovereignty.
 Jurisdiction
o Territorial – power of the state over the persons
and things within its territory
o Personal – power of the state over its nationals,
which may be exercised even if the national is
outside the territory of the state
o Extraterritorial – power exercised by the state
beyond its territory
State Immunity from Suit
 There can be no legal right against the authority which makes the
law on which the rights depend.
 Par in parem non habet imperium – immunity is enjoyed by other
states.
o The head of the state, who is deemed the personification
of the state he heads, is inviolable and thus, enjoy
immunity from the suit.
 A foreign agent, operating within a territory, can be cloaked with
immunity from suit but only as it can be established that he is
acting within the directives of the sending state.
o XPN: if the agent is sued in his personal capacity.
 Warships and other government ships operated for non-commercial
purposes, enjoy the immunity from the jurisdiction of local courts
and administrative tribunals, subject to art. 30 and 31 of UNCLOS.
 UN as well as other international organizations or agencies may be
immune from the jurisdiction of the local courts and local
administrative.
 Test to determine if the suit is against the State
o On the assumption that a decision is rendered against the
public officer or agency impleaded, will the enforcement
thereof require an affirmative act from the state, such as
the appropriation of the needed amount to satisfy the
judgement? If so then it is a suit against the state.
o State immunity may be invoked as long as the suit really
affects the property, rights or interest of the State and not
merely those officers nominally made party defendants.
Suit against Government Agencies
1. Incorporated
 Possesses a juridical personality independent of the State.
  If the charter provides that it can sue and be sued, then the
suit will lie, including one for tort.
2. Unincorporated (depending on the function performed)
 If governmental – No suit without its consent.
o Even in the exercise of proprietary function
incidental to its primarily governmental function,
an unincorporated agency still cannot be sued
without its consent.
 If proprietary – suit will lie, because when the state
engages principally in proprietary functions, then it
descends to the level of a private individual, and may
therefore, be vulnerable to suit.
Suit against Public Officer
The doctrine of State Immunity also applies to complaints filed against
officials of the State for acts performed by them in the discharge of their
duties within the scope of their authority.
XPN:
1. To compel him to do an act required by law
2. To restrain him from enforcing an act claimed to be
unconstitutional
3. To compel the payment of damages
4. To secure a judgement that the officer impleaded may satisfy
himself without the State having to do a positive act to assist him
5. Where the government itself has violated its own laws, because the
doctrine of state immunity cannot be used to perpetrate injustice.
Unauthorized acts are not act of the state.
Where the public official is sued in his personal capacity, the doctrine of
state immunity will not apply, even if the acts complained of were
committed while the public official was occupying a public position.
Need for Consent
In order that a suit will lie against the state, there must be consent, either
express or implied.
 Express – can only be given by an act of the legislative body
 Implied
o When the state commences a litigation – subject to
counterclaim
o When the state enters into a business contract (contracts
entered into in jure gestionis and not jure imperii)
Scope of Consent
Consent to be sued does not include consent to the execution of judgement
against it. Such execution will require another consent (by special
appropriation by Congress to cover the liability)
 But funds belonging to government corporations (whose charter
provide that they can sue and be sued) that are deposited in a bank
are not exempt from garnishment.
 But before execution may proceed against it, a claim for payment
of the judgement award must first be filed with the Commission on
Audit.
 Claimants have no alternative except to first seek the approval of
their monetary claim by COA.
 As for municipal corporation, funds may not be garnished unless
there is a corresponding appropriation ordinance duly passed by
the Sangguniang Bayan.
 When there is not appropriation ordinance, the remedy is to file
mandamus to compel the enactment and approval of the necessary
appropriation ordinance and the corresponding disbursement of
municipal fund to satisfy the money judgement.
Suability not equated with outright liability
 Liability will have to be determined but the court on the basis of
evidence and the applicable law.
FUNDAMENTAL POWERS OF THE STATE
Inherent powers of the State:
1. Police power
 Power promoting welfare by restraining and regulating the use
and enjoyment of liberty and property.
 Non-impairment of contract or vested right will have to yield
to the superior and legitimate exercise of PP.
 The power is inherently vested in the legislature
  However, the congress may validly delegate this
power to the President, the administrative power
and to lawmaking bodies of LGU.
 This delegated PP do not authorize such delegates to take over
the internal management of a cooperative.
 MMDA is an administrative agency tasked with the
implementation of rules and regulation enacted by proper
authorities. Thus, there must be and ordinance that was passed
by the city before the MMDA can implement schemes to
enforce such ordinance or similar regulations.
 Limitations
 Lawful subject – means the activity or property
sought to be regulated affects the general
welfare, if it does, then the enjoyment of the
rights flowing therefrom may have to yield to the
interest of the greater number
 Lawful means – the means employed are
reasonably necessary for the accomplishment of
the purpose and not unduly oppressive on
individuals.
 Additional Limitation (when exercised by a delegate)
 Express grant by law
 Within the territorial limits (xpn when exercised
to protect water supply)
 Must not be contrary to law
 SC declared that for municipal ordinance to be valid they:
 Must not contravene the Consti
 Must not be unfair or oppressive
 Must not be partial or discriminatory
 Must not prohibit, but may regulate, trade
 Must not be unreasonable
 Must be general in application and consistent
with public policy
2. Eminent Domain
 Inherent right of the state to condemn private property to
public use upon payment of just compensation
 An ejectment suit should not ordinarily prevail over the State’s
power of eminent domain.
 Easement of right of way falls within the purview of the power
of eminent domain
 RTC has jurisdiction over a complaint for eminent domain –
the court is duty bound to determine the amount of just
compensation to be paid for the property.
 Has also jurisdiction to determine the issue of
ownership of the land sought to be condemned.
(for purposes of payment of JC)
 The finding of the ownership in expropriation
proceedings should not be construed as final and
binding on the parties.
 Congress, and by delegation, president, admin body, LGU and
even private enterprises are authorized to exercise the power.
 LGU have no inherent power of ED, they should be expressly
authorized by the Legislature.
 Strict construction will be made against the agency exercising
the power.
 Requisites
 Necessity
o If exercised by Legislature, the question
of necessity is a political question
o If exercised by a delegate, the
determination of genuine necessity for
the exercise is a justiciable question.
 Private Property
o Private property already devoted to
public is not allowed
o All private property may be subject to
ED, except money and choses of action
 Taking in the constitutional sense
o It is taking even if it may only result in
the imposition of burden upon the
owner of the property, without loss of
title or possession
o Taking should be: i) indefinite or
permanent, ii) government must enter
the property, iii) there is color of legal
authority in the entry, iv) the property is
devoted to public use or purpose and v)
 the use of the property for public use
removed the owner from all beneficial
ownership of the property.
o The private owner has the option to
compel payment of the property taken,
if the government has not taken the
trouble of initiating expropriation
proceedings.
o Taking also occurs when agricultural
lands are voluntarily offered by a
landowner and approved by the PARC
for CARP coverage through the stock
distribution scheme.
o When there is taking in constitutional
scheme, owner need not file a claim for
JC with the COA, he may go directly to
court to demand payment.
 Public use
o PU has also been broadened to cover
use, which, while not directly available
to the public, redound to their indirect
advantage.
o When exercised by LGU – may
expropriate private property for public
use, for the benefit of the poor and the
landless. By way of ordinance, and not
resolution.
 Just Compensation
o Full and fair value of the property taken
o In addition to the market value of the
portion taken, the private owner is
entitled to the payment of consequential
damages, if any, to the remaining part
of the property.
o No consequential damages to be
awarded if WHOLE property is being
expropriated.
o JC means not only the correct amount
but also payment within reasonable time
o Tax credit given to commercial
establishments for the discount enjoyed
by senior citizens is a form of JC.
o FMV at the time of taking shall be used
o The determination of JC is a judicial
prerogative.
o Legislative enactment and executive
enactment fixing or providing the
method of computing JC are tantamount
to impermissible encroachment on
judicial prerogative.
o A trial before the commissioners is
indispensable, in order to give the
parties, the opportunity to present
evidence on the issue of JC. But the
court is not bound the by court’s
findings.
o JC should be paid in money and no
other. RA 6657 allows cash and Land
bank bonds.
o The SC also allowed the withdrawal by
the rejecting landowner of the money
deposited in trust pending the
determination of the valuation of the
money.
 To withhold the right of the
landowner to appropriate the
amounts already deposited in
their behalf as compensation
for their properties simply
because they rejected the
DAR’s valuation, is an
oppressive exercise of eminent
domain.
o If the taking is before the compensation
is deposited with the court having
jurisdiction over the case, the final
 compensation must include interest on
its value to be computed from the time
the property is taken to the time when
the compensation is actually paid or
deposited with the court. (6% per
annum from the time of taking)
 If taking is subsequent to
compensation, no interest.
o Title does not pass until after payment.
o Taxes paid by the owner after the taking
of the property are reimbursable. But
CGT is paid by the seller not the govt.
o Non-payment of JC does not entitle the
LO to recover the possession of the lots
but only to demand payment of the
FMV of the property.
 Xpn.- where the govt failed to
pay the JC within 5 years from
the finality of the expropriation
proceedings, then the LO have
the right to recover the
possession of their property.
o Notice and hearing required.
 The government has the right to take or enter the upon the
possession of the RP if he deposits with the authorized government
depositary an amount equivalent to the assessed value of the
property for the purposes of taxation, to be held by such bank
subject to the orders of the court.
 Thus, the issuance of writ of possession becomes ministerial upon:
o Filing of the complaint for expropriation sufficient in
form and substance
o Upon deposit of made by the government of the amount
 In expropriation cases, there is no such thing as the right of the
plaintiff (govt) to dismiss the case since the LO may have already
suffered damage.
 The LO right to repurchase the property depends upon the
character of the title acquired by the expropriator.
 Expropriation under Sec. 18 Art XII – the exigencies of time
necessitate the government to temporarily take over or direct the
operation or direct the operation of any privately owned public
utility or business affected with public interest.
o This extends only to operation of the business and not
ownership.
o State pertains to Congress, not the President.
 Expropriation under Sec. 4 and 9 of Art XIII
o Comprehensive Agrarian Reform Law
o Urban Development and Housing Act of 1992
 Expropriation may only be done when other
mode of acquisition have been exhausted.
 Lands for socialized housing shall be acquired in
the ff order:
 Govt land
 Alienable land
 Unregistered, abandoned lands
 Lands within declared areas of Priority
development zonal improvement
program, Slum Improvement and
Resettlement site which have not yet
acquired
 BLISS sites
 Privately owned lands.
 Mode of expropriation is subject to 2 conditions:
 Last resort
 Parcels of small property owners are
exempt from acquisition. (not more than
300sq in HUC, not more than 800 sq in
other urban areas)
3. Taxation
 Primarily exercised by the legislature, also local legislative
bodies and to a limited extent, the President when granted
delegated tariff power.
 Limitation
o Due Process Clause – tax should not be confiscatory
o Equal Protection Clause – taxes should be uniform and
equitable
o Public Purpose
  Double Taxation – Additional taxes are laid on the same subject  Principle of Blending of Powers – instances
by the same taxing jurisdiction during the same taxing period when powers are not confined exclusively
and for the same purpose. within one department but are assigned to or
o Double taxation will not be allowed if the same will shared by several department.
result in a violation of the equal protection clause.  Principle of checks and balances – this
 Tax Exceptions – no law granting any tax exemption shall be allows one department to resist
passed without the concurrence of a majority of ALL the encroachment upon its prerogatives or to
members of the congress. rectify mistakes or excesses committed by
o Sec 28 (3) Art VI another department.
o Sec 4 (3) Art XIV  Principle of Comity – practice of voluntarily
o Sec 4 (4) Art XIV observing interdepartmental courtesy
o Where tax exemption is granted gratuitously undertaking their assigned constitutional
duties for harmonious working of the
 License vs Tax
government.
o License is a police measure, tax is a revenue measure
 Deliberative Process Privilege
o The amount collected for license fee is limited to the
 Internal rules of the SC prohibit
cost of permit and reasonable police regulation. disclosure a) result of a raffle of
cases, b) action taken by the court
Limitations of the inherent power – generally the bill of rights, although in on each case included in the agenda
some cases the exercise of the power prevails over specific constitutional of the court’s session, and c) the
guarantee. deliberation of the members in
court sessions on cases and matters
pending before it.
PRINCIPLES AND STATE POLICIES  This privilege is not exclusive to
the judiciary.
A. Preamble  The rule extends to documents and
 Does not confer rights not impose duties other communications which are
part of or are related to the
B. Republicanism deliberative process.
 Essential features – representation and renovation  To qualify, the agency must show
 Manifestations that the document is 1)
o Ours is a government of laws not of men predecisional and 2) deliberative
o Rule of majority  Two other grounds that may be cited for
o Accountability of Public Officials denying access to court records
o The existence of a Bill of Rights  The disqualification by reason of
o Legislature cannot pass irrepealable law privileged communication
o Separation of powers  Pendency of an action or matter
 to prevent concentration of authority in one o Delegation of power
person  Potestas delegate non potest delegare –
delegated power constitutes not only a right
 but a duty to be performed by the delegate
through the instrumentality of his own
judgement and not through the intervening
mind of another.
 Permissible Delegations
 Tariff to the President
 Emergency Powers to the President
(not the President’s authority to
declare a “state of calamity”)
 Delegation to the People
 Delegation to the LGU – the grant
of authority to prescribe a local
legislation
 Delegation to the Administrative
bodies – the power of subordinate
legislation
 Test of valid delegation
 Completeness Test – the law must
be complete in all essential terms
and conditions when it leaves the
legislature so that there is nothing
left for the delegate to do when it
reaches him except to enforce it.
 Sufficient Standard Test – intended
to map out the boundaries of the
delegate’s authority by defining the
legislative policy and indicating the
circumstance under which it is to
be pursued and effected.
C. Incorporation Clause
 Doctrine of Incorporation – our courts have applied the rules
of international law in a number of cases even if such rules
had not previously been subject to statutory enactment.
Because GAPIL is automatically part of our own laws.
 GAPIL – norms of general or customary international law
which are binding on all states.
 GAPIL becomes part of the laws of the land by way of
transformation or incorporation.
o Transformation – requires the international law to be
transformed into a domestic law through a
constitutional mechanism, such as local legislation
o Incorporation – mere constitutional declaration,
GAPIL is deemed to have the force of domestic law.
 Efforts should be made to harmonize them, if not possible,
municipal laws should be upheld by municipal courts.
 The fact that the GAPIL is made part of the law of the land
does not imply primacy of international law over national law
in the municipal sphere.
D. Civilian Supremacy
 Civilian authority is, at all times, supreme over the military.
E. Duty of Government; people to defend the State
 Prime duty of the government is to serve and protect the
people.
 All citizens may be required, under conditions, provided by
law, to render personal military or civil service.
 Right to bear arms – is a statutory, not constitutional right.
Being a statutory right, the right cannot be considered an
inalienable or absolute right.
F. Separation of church and state
 See discussion on Freedom of Religion
G. Independent Foreign Policy and Nuclear free Philippines
H. Just and Dynamic Social Order
I. Promotion of Social Justice
 Social Justice means the promotion of the welfare of all
people
J. Respect for Human Dignity and Human Rights
 Order of eviction of squatters and demolition of stalls, sari-
sari stores and carinderia of private respondents does not fall
within the compartment of “human rights violation”
K. Family and Youth
 Imbong vs Ochoa
o One of the issues was whether the law violates the
right of unborn child as guaranteed by the
Constitution.
o Medical sources believe that conception begins at
fertilization
o Framers of the constitution also believed that
conception refer to the moment of fertilization.
o And that they did not intend to ban all abortifacient,
only those that kill the fertilized ovum. Those
actually prevent the union of sperm and ovum and
those similarly take action before fertilization should
be deemed non-abortive and thus, constitutionally
permissible.
o The RH Law recognizes that the fertilized ovum
already has life and the state has bounden duty to
protect it.
o However, the IRR gravely abused their office when
they redefined abortifacient by using the term
“primarily”. This may pave way for the approval of
contraceptives that may harm of unborn fetus if the
same is does not “primarily” induce abortion. Thus,
unconstitutional.
o The section which excludes parental consent in case
a minor undergoing a procedure is unconstitutional.
L. Fundamental equality of men and women
M. Promotion of Health and Ecology
N. Priority to education, science, technology
O. Protection to Labor
P. Self-Reliant and Independent Economic Order
 The Consti enshrines free enterprise as a policy. Free
enterprise does not call for the removal of the protective
regulations.
Q. Land Reform
R. Indigenous cultural communities
S. Independent people’s organization
T. Communication and information in nation building
U. Autonomy of local government
 The Consti only mean decentralization of administration, it
does not make LGU sovereign within the state or an
imperium in imperio.
 It may involve devolution of power but subject to limitation.
 Congress retains control of the LGU although significantly
reduced degree not than under our previous consti.
 By and large, our national legislature is still principal of
LGU, which cannot defy its will or modify or violate it.
 Local autonomy also grants LGU the power to streamline and
reorganize, the power is inferred from the general welfare
clause.
o The streamlining of organization for a more efficient
system must pass the test of good faith.
 The president can only interfere with the LGU in its affairs
and activities if he finds that the same acted in contrary to
law.
 Because the president exercise only the power of general
supervision, the LGU need not require his approval for the
validity of grant of additional compensation.
V. Equal access of opportunities for public service
 The provision does not bestow a right to seek presidency.
W. Honest Public service and full public disclosure.
LEGISLATIVE DEPARTMENT
Legislative Power – power to propose, enact, amend and repeal laws.

Initiative – the power of the people to propose amendments to the
Constitution or to propose and enact legislation through an election called
for that purpose.
Referendum – is the power of the electorate to approve or reject legislation
through an election called for the purpose.
Prohibited Measures to be subjected to Referendum:
1. No petition embracing more than one subject shall be submitted to
the electorate
2. Statutes involving emergency measures
3. The enactment which is specifically vested in Congress by the
Constitution.
Local Initiative – not more than 2000 registered voters in case of
autonomous regions, 1000 in case of provinces and cities, 100 in case of
municipalities, 50 in barangays may file for petition with the regional
assembly or local legislative body.
Congress
1. The Senate
 24 senators elected at large
 Requirements:
o Natural born citizen
o 35 years of age at the day of the elections
o Able to read and write
o Registered voter
Party-list System
o Resident of the PH for not less than 2 years
 A mechanism of proportional representation in the election of
immediately preceding the day of the election
 Term – 6 years, commencing at noon on the 30th day of June
 Limitation – No senator shall serve for more than 2
consecutive terms. Voluntary renunciation of office for any
 Registration
length of time shall not be considered as interruption in
continuity of his service for full term for which elected.
2. HOR
 Not more than 250 members, unless otherwise provided by
law, consisting of:
o District representatives
o Party list representatives – shall constitute 20% of
the total number of representatives
o Sectoral representatives – ½ of the seats allocated to
party-list representatives shall be filled by selection
or election from labor, urban poor, peasant,
indigenous, cultural communities, women, youth
and such other sectors as may be provided by the
law.
 Until a law is passed, the president may fill by appointment
from list of nominees, by the respective sectors the seats
reserved for sectoral representatives.
 The question of the validity of the apportionment law is a
justiciable question.
 Reapportionment of legislative districts may be made through
a special election, aside from the general apportionment law.
 Qualifications:
o Natural-born Filipino citizen
o 25 years old at the time of the election
o Able to read and write
o Except party-list representatives, a registered voter
in the district in which he shall be elected
o A resident for not less than 1 year immediately
preceding the day of the election.
 Term – 3 years
 Limitation – shall not serve for more than 3 consecutive
terms
representatives to the HOR from national, regional and sectoral
parties or organizations or coalitions thereof registered with the
Comelec.
o New – may file with the Comelec not later than 90 days
before the election a petition verified by its president and
secretary stating its desire to participate in the party-list
system.
o Party or coalition already registered – need not register
anew, but shall file with the Comelec not later than 90
 days before the election a manifestation of its desire to
participate in the party-list system.
 They should have at least one nominee who remains qualified.
 Refusal or cancellation of Registration
1. If it is a religious sect or denomination, organization or
association organized for religious purpose
2. It advocates violence or unlawful means to seek its goal
3. It is a foreign party or organization
4. It is receiving support from any foreign government, foreign
political party, foundation or organization
5. Violates or fails to comply with laws, rules or regulations
relating to elections
6. It declares untruthful statements in its petitions
7. It ceased to exist for at least 1 year
8. It fails to participate in the last 2 elections or fails to obtain
at least 2% of the votes cast under the party-list system in
the two preceding elections for the constituency in which it
has regarded.
 Nomination
o Each registered party shall submit to COMELEC not
later than 45 days before the election a list of names,
not less than 5, from the party-list representatives
shall be chosen in case it obtains the required number
of votes.
o The list shall not include any candidate for any
elective office or a person who has lost his bid for an
elective office in the immediately preceding election.
o Failure to submit the list warrants the cancellation of
the party’s registration.
 Qualification of Party-list nominees
o Natural born citizens
o Registered voter
o Resident of the PH at least 1 year immediately
preceding the day of the elections
o Able to read and write
o A bonafide member of the party of organization at
least 90 days from the day of the election
o At least 25 but not more than 30 years old during his
term (for youth sector)
 Manner of voting
o Every voter shall have 2 votes – 1 for legislative
district, and 1 for the party or organization.
Privileges of Legislative Department
 Freedom from arrest – in offenses punishable by not more than 6
years imprisonment, shall be privileged from arrest WHILE
CONGRESS IS IN SESSION.
 Privilege from speech and debate – no member shall be questioned
nor be held liable in any other place for any speech or debate in the
Congress or in any committee thereof.
Disqualifications
1. Incompatible office
 Other office or employment in the Govt or any
subdivision, agency, or instrumentality thereof including
GOCC or their subsidiary)
 Forfeiture of seat in Congress shall be automatic upon
member’s assumption of such other office deemed
incompatible with his seat in Congress.
 No forfeiture shall take place if the member of Congress
holds the other government in office ex officio capacity.
(eg. Board of Regents in UP)
 Because Philippine National Red Cross is not a
government instrumentality or agency or GOCC, there
can be no prohibition against Sen. Gordon concurrently.
2. Forbidden Office
 Ban against appointment to the office created or the
emoluments thereof increased shall, however, last only for
the duration of the term which the member of Congress
was elected.
Other Inhibitions (Sec. 14 Art VI)
1. What is prohibited is personally appearing as counsel.
2. Upon assumption of office, must make full disclosure of financial
and business interests. Shall notify House concerned of the conflict
Session
 Congress shall convene once a year on the 4th Monday of July
 Special – the president may call a special session at any time, to
consider legislative measures which the President may designate
in his call.
 Voting separately
1. Choosing the President
2. Determine President’s disability
3. Conforming nomination of the VP
4. Declaring the existence of a state of war
5. Proposing the constitutional amendments
 Voting jointly
o To revoke or extend proclamation suspending the
privilege of the writ of habeas corpus or placing the PH
under Martial Law.
 Adjournment
o Neither of the houses during session shall, without the
consent of the other, adjourn for more than 3 days, nor to
any other place than that in which the 2 houses shall be
sitting.
Officers
 Senate may elect its President, and the HR its speaker, by a
MAJORITY VOTE of ALL its respective members.
Quorum
 Majority of each house, but a smaller number may adjourn from
day to day and may compel the attendance of absent members in
such manner and under such penalties as determined.
 Quorum of the Senate shall be the total number of Senators who
are in the country and within the coercive jurisdiction of the State.
Discipline of Members
 House may punish its members for disorderly behaviour, and with
the concurrence of 2/3 of ALL its members, suspend (for not more
than 60 days) or expel a member.
 The determination of acts which constitute as disorderly behaviour
is within full discretionary authority of the House concerned.
(Political Question)
 The order of suspension under RA 3019 (Anti-Graft and Corrupt
Practices) is distinct from the power of Congress to discipline its
own ranks.
 The order of suspension from Ra 3019 is not a penalty but a
preventive measure and is not imposed upon the petitioner for
misbehaviour as a member of congress.
Legislative Journal and Congressional Board
 House’s journal of its proceedings
 Enrolled bill theory
o Is one duly introduced and finally passed by both houses,
authenticated by the proper officers of each, and approved
by the President.
Electoral Tribunals
 SC Justices designated by CJ, and 6 members of the house
concerned chosen on the basis of proportional representation from
the political parties registered under the Party-list system. The
Senior Justice shall be the chairman
 HRET members enjoy security of tenure, such that their
membership may not be terminated except for just cause.
 SC held that it cannot order disqualification of Senator-members of
SET simply because they were themselves respondents in the
electoral process.
 SC also held that even assuming that party-list representatives
comprise a sufficient number and have agreed to designate
common nominees to the HRET or CoA, their primary recourse is
with the HOR and not the courts.
o Only if the HOR fails to comply with the directive of the
Constitution on proportional representation of political
parties in HRET and COA can the party-list rep seek the
recourse from the Court through judicial review.
o This is due to the doctrine of primary administrative
jurisdiction.
 Power of ET
o Sole judge of ALL CONTEST relating to ELECTION,
RETURNS and QUALIFICATIONS of its members.
o But HRET may assume jurisdiction only after the winning
candidate shall have been duly proclaimed, has taken his
 oath and assumed office, because only then that he is said
to be a member of the HOR.
 Then upon assuming office, the COMELEC
loses jurisdiction over the election contest
relating to the members election, returns and
qualifications.
o The HRET is independent of the Houses of the Congress,
and its decisions may be reviewed by the SC only upon
showing of Grave Abuse of Discretion in a Petition for
Certiorari filed under Rule 65 of the ROC.
Commission on Appointments
 Composition
o Senate President, as ex officio chairman
o 12 senators
o 12 members of HR
 Senator and HR elected on the basis of
proportional representation from the political
parties registered under the party-list system.
 The chairman shall not vote except in case of a
tie.
 A political party must have at least 2 elected
senators for every seat in the COA.
 Thus, where there are two or more
political parties represented in the
Senate, a political party/coalition with a
single senator in the Senate cannot
Constitutionally claim a seat in the
Commission.
 It is not mandatory to elect 12 senators
to the Commission, what the Consti
requires is that there must be at least a
majority if the entire membership.
 Powers of COA
o Shall act on all appointments submitted to it within 30
session days of Congress from their submission.
o The COA shall rule by a majority vote of its members.
o The COA shall meet only when the Congress is in
session.
o The COA is independent of the Houses. Its employees are
not technically employees of the Congress. It has the
power to promulgate its own ruling.
Powers of the Congress
1. General [Plenary] Legislative Power – Power to propose, enact,
amend, and repeal laws.
 Limitations
 Substantive
 Express – Constitution and Laws
 Implied – non delegation of powers and prohibition
of passage of irreparable law/
 Procedural
 Only one subject
 Three reading on separate days
 Legislative Process
 Only one subject to be expressed in the title thereof.
 The ff bills shall originate from the HR
1. Appropriation bill
2. Revenue bill
3. Tariff bill
4. Bills authorizing increase of the public debt
5. Bills of local application
6. Private bills
 But the bill may undergo such extensive changes in
the Senate that the result may be the rewriting of the
whole.
o The filing of a substitute bill in the Senate in
anticipation of its receipt of the bill from the
HR does not contravene the constitutional
requirement that a bill should originate from
the HR as long as the Senate does not act
thereupon until it RECIEVES the House bill.
 No bill passed by either House shall become law
unless it has passed:
o Three readings on separate days
 o Printed copies have been distributed to its
members 3 days prior to the passage
o XPN when the President certifies its
necessity of its immediate enactment to meet
a public calamity or emergency. (not only to
the printing and distribution but also to
reading the bill on separate days.)
 Jurisprudence denies the courts the power to inquire
into allegation that, in enacting a law, a House of
Congress failed to comply with its own rules, in the
absence of showing that there was a violation of
constitutional requirement.
o It is within the power of the Bicameral
conference committee to include in its report
an entirely new provision that is not found
either in the House bill or in the Senate Bill.
 Approval of Bills
o When the President Signs it
o When the Congress overrides the
Presidential Veto –by a vote of 2/3 of ALL
of the members of the House
 No Pocket Veto
 Partial Veto – as a rule invalid, xpn
particular items in appropriation,
revenue or tariff bill.
 Legislative Veto – legislature can
block or modify administrative
action taken under statute.
o When the President fails to act upon the bill
for 30 days from the receipt thereof, the bill
shall become a law as if he had signed it.
2. Power of Appropriation – The spending power, subject only to the
veto power of the President. While the President proposes the budget,
still, the final say on the matter of appropriation is lodged with the
Congress.
 Need for appropriation – no money shall be paid out except in
pursuance of an appropriation made by law.
o The provision of GAA is NOT self-executory
o The execution of the GAA was still subject to a program
of expenditure to be approved by the President.
o DAP not unconstitutional, it is only a program for
prioritizing govt spending. Funds which were already
appropriated were merely being realigned through DAP.
 But the realignment must be within their
respective department, thus no cross-border
transfers may be allowed.
 Transfer within their respective offices
contemplates realignment of funds to an existing
project in the GAA.
 Appropriation Law – a statute the primary and specific purpose of
which is to authorize the release of funds from the Treasury.
o Sec 29 (1) Art VI – exists when a provision of the law:
1. Sets apart a determinate or determinable amount of money
2. Allocates the same for public purpose.
o An appropriation measure is sufficient if the legislative
intention is clearly and certainly appearing from the
language thereof.
 Classification
o General appropriation law – passed annually
o Special appropriation law – designed for specific purpose
 Implied limitation on appropriation measures
o Appropriation must be devoted to public purpose
o The sum authorized to be released must be determinate or
at least determinable.
 Constitutional limitations on special appropriation measures
o Must specify the public purpose
o Must be supported by funds actually available as certified
to by the National Treasurer, or to be raised by a
corresponding revenue proposal.
 Constitutional rules on GA Law
i. Congress may not increase the appropriations
recommended by the President for the operation of the
government
ii. The form, content, and manner of preparation of the
budget shall be prescribed by the law
 iii.
No provision or enactment shall be embraced unless it
relates specifically to some particular approportion
therein.
iv. Procedure for approving appropriations for Congress
shall strictly follow the procedure for approving
appropriations for other departments and agencies.
v. Prohibition against the transfer of appropriations
 However, the Pres, Senate Pres, Speaker of the
House, CJ and head of the CC may, by law, be
authorized to augment any item in the general
appropriation law for their respective office from
savings in other items of their respective
appropriations.
 They may be the one to approve the realignments
done by members of the Congress if the GAA
allows such.
 Before an unprogrammed funds may be used as a
money source, certification from the National
Treasury to the effect that the revenue collections
have exceeded the revenue targets, shall be
acquired first.
vi. Discretionary Funds
 Shall be disbursed only for public purpose to be
supported by appropriate vouchers and subject to
such guidelines as may be prescribed by law.
vii. Automatic reappropriation
 If by the end of the fiscal year, the Congress
shall have failed to pass the General
Appropriations Bill for the ensuing fiscal year,
the GAL for the preceding fiscal year shall be
deemed re-enacted and shall remain in force
until the GAB is passed by the Congress.
 Impoundment
o The refusal of the President for whatever reason to
spend funds made available by Congress.
 Appropriation Reserves
o The Budget secretary is authorized to establish reserves
against appropriations to provide for contingencies and
emergencies which may arise during the year.
 The Pork Barrel System
 The collective body of rules and practices that governs
the manner by which lump-sum, discretionary funds,
primarily intended for local projects, are utilized
through respective participations of the Legislative and
Executive branches of the Government.
 Includes: 1) Congressional PB and 2) Presidential PB
 Congressional PB in the 2013 PDAF Article
o Violates the separation of powers and thus
unconstitutional. - From the moment the law
becomes effective, any provision that
empowers the Congress or any of its members
to intervene and assume duties that properly
belong to the sphere of budget execution is
unconstitutional.
o Violates the non-delegability of legislative
power thus unconstitutional – 2013 PDAF
article authorizes individual legislators the
power to legislate since they are able to
dictate 1) how much from the fund would go
to and 2) specific project or beneficiary that
they themselves also determine.
o Deprives the President of the exercise of
prerogative of item-veto, impairs the system of
check and balances. – since the PDAF article
did not contain “specific appropriations of
money” but only general provisions.
 Item of appropriation must be an item
characterized by singular
correspondence, meaning an
allocation of a specified singular
amount for a specified singular
purpose (line-item)
 Presidential PB (Malampaya Funds)
o Sec. 8 is unconstitutional because of the phrase
“and for such other purposes as may be
hereafter directed by the President.”,
constitutes an undue delegation of legislative
power.
 o Sec 12 does not supply the a definition of
“priority infrastructure development projects”
hence it leaves the President without any
guideline to construe the same.
 The disbursement of 2013 PDAF funds which are only
covered by obligated Special Allotment Release Order
(SARO) and without corresponding Notice of Cash
Allocation (NCA), must be enjoined and reverted to the
unappropriated surplus of general funds.
3. Power of Taxation
 Limitations:
1. Uniform and Equitable
2. Congress shall evolve a progressive system of taxation
3. Charitable inst. Etc, and buildings, land and
improvements ADE used for such purpose shall be
exempt from taxation
4. All revenues of NSNPEI used ADE used for
educational purpose shall be exempted from tax.
5. Law granting tax exemption shall be passed only with
the concurrence of majority of ALL members of the
5.
Congress
4. Power of Legislative Investigation
 Senate or HR or any of its respective committees may conduct
inquiries IN AID OF LEGISLATION in accordance with its
duly published rules or procedure.
 A mere provision of the law cannot pose a limitation to the
broad power of Congress in the absence of any constitutional
basis. (eg. When Cory by EO 1 tried to exempt the PCGG
personnel from all inquiries of executive, legislative, and
judiciary)
 SC said that it cannot fault the Senate when in conduct of LI in
aid of legislation, approved the resolution the same day it was
6.
submitted.
 The SC said that the petitioners were invited as resource
persons at the inquiry, and as such, they do not have the
constitutional right to counsel.
7.
 Limitation
 In aid legislation
o The mere filing of a criminal or an admin
complaint does not automatically bar the
conduct of legislative inquiry.
 In accordance with the duly published rules of
procedure (Senate Internal Procedure)
o Subject to change every 3 year since
composition of Senators are changed every 3
years.
 Rights of persons appearing in, or affected by such
inquiry shall be respected
o Inquiry does not violate right to privacy
o Inquiry should not violate right against self
incrimination
 Purpose is to elicit information that may be used for legislation
 Appearance is mandatory
 Power to punish contempt
 Punishment of a contumacious witness may include
imprisonment, until the end of legislative inquiry,
Question Hour
 Department heads may upon their own initiative, with
CONSENT of the President, or upon the request of either
house, appear before and be heard by such house on any
matter pertaining to their department.
 Written questions shall be submitted to the Senate President or
Speaker of the House at least 3 days before their scheduled
appearance.
 The objective is to obtain information in pursuit of Congress’
oversight function
 Appearance subject to consent of the President
War Powers
 by a vote 2/3 of both houses in joint session assembled voting
SEPARATELY, declare the existence of a state of war.
Power to act as a Board of Canvassers in elections of
President
  No re-election – and no person who has succeeded as President and
8. Power to call a special election for President or VP has served as 4 years shall be qualified for election to the same
office at any time.
9. Power to judge President’s physical fitness to discharge the
functions of the Presidency
Privileges
10. Power to revoke or extend suspension of the privilege of  Official Residence
writ of HC or declaration of war  Salary
 Immunity from suit
11. Power to confirm certain appointments/nominations made o While the Pres is immune from suit, he may not be
by the President. prevented from instituting a suit
o The SC is immune from civil liability
o After his tenure, he cannot invoke his immunity from suit
EXECUTIVE DEPARTMENT for civil damages arising from his acts done by him while
he was President which were not performed in the
President exercise of official duties.
 Natural Born Citizen o Alter ego cannot invoke presidential immunity
 Registered voter  Executive Privilege
 Able to read and write o Right of the President and high-level executive branch
 At least 40 years old at the time of election officials to withhold information from the Congress, the
 Resident of the PH at least 10 years immediately preceding courts and ultimately, the public.
such election o The necessity for withholding the information must be of
such a high degree as to outweigh the public interest in
enforcing that obligation in the particular case.
Congress as Canvassing Board o The court finds its essential to limit to the President and
 Congress may validly delegate the initial determination of the the ES, by order of the Pres, the power to invoke the
authenticity and due execution of the certificates of canvass to a privilege.
joint congressional committee.
 COMELEC is proscribed from conducting an official canvass of Prohibitions/Inhibitions (Pres, VP and members of the Cabinet, their
the votes cast for the Pres and VP, the COMELEC is, with more deputies and assistants)
reason, prohibited from making unofficial canvass of said votes. 1. Shall not receive any other emoluments from the government or
any other source
Supreme Court as PET 2. Unless otherwise provided, shall not hold any other office or
 The SC en banc shall be the sole judge of all contests relating to employment
the election, returns and qualifications of the Pres and VP, and may o By express provision, the VP may be appointed to the
promulgate its rules for the purpose. Cabinet, without need of confirmation by the COA
o The president and his official-family is all-embracing and
Term covers both public and private office employment, not
 6 years being qualified by the phrase “in the government”
 o The prohibition must not, however, be construed as
applying to posts occupied by the Executive officials
without additional compensation in an ex officio capacity.
 These posts are properly an imposition of
additional duties and functions to the said
officials
 The services are deemed already paid for and
covered by the compensation attached to the
principal office.
3. Shall not directly or indirectly practice any other profession,
participate in any business, or be financially interested in any
contract with, or in any franchise or special privilege granted by
the Government or any subdivision or etc
4. Strictly avoid conflict of interest in the conduct of their office
5. May not appoint spouse or relatives by consanguinity or affinity
within the 4th civil degree as members of ConCom or office of the
Ombudsman or as Secretaries, Usec, chairmens or heads of
bureaus or offices, including GOCCs and their subsidiaries
Rules on Successionn
a. Vacancy at the beginning of the term
 Death or permanent disability of the President-elect – VP
shall become president
 President-elect fails to qualify – VP – elect shall act as the
Pres until the Pres is qualified
 President shall not have been chosen – VP elect shall act as
Pres until a President has been chosen and qualified
 No Pres or VP chosen or shall have been qualified or both
shall have died or become permanently disabled – the
Senate President, or in case of disability, the Speaker of the
House. In case of inability, the Congress shall, by law,
provide for the manner in which one who is to act as
President shall be selected until a Pres or VP shall have
qualified.
b. Vacancy during the term
 Death, permanent disability, removal from office, or
resignation of the President: VP shall become president.
 Death, permanent disability, removal from office, or
resignation of the VP: the Senate President, or in case of
disability, the Speaker of the House. In case of inability, the
Congress shall, by law, provide for the manner in which one
who is to act as President shall be selected until a Pres or VP
shall have qualified.
c. Temporary disability
 When the president transmits to the Senate Pres and the VP
that he is unable to discharge his powers and duties, and
until he transmits to them a written declaration to the
contrary: VP becomes acting President.
 Congress shall decide the issue, and shall convene, if not in
session within 48 hours. Congress determines by 2/3 votes
of HR and Senate , voting separately, that the President is
unable to discharge the powers and duties of his office.
d. Constitutional duty of Congress in case of vacancy in the offices
of President and VP
 At 10am of the 3rd day after the vacancy occurs, Congress
shall convene without need of a call, and within 7 days to
enact a law calling for a special election to elect a president
and VP
 Election to be held not earlier than 45 days nor not later
than 6 0fyas from the time of such call.
 No special election shall be called if the vacancy occurs
within 18 months before the date of the next presidential
election.
The VP
Qualification, election, term of office and removal
 Same as the President
 But no VP shall serve more than 2 successive terms.
 The VP may be appointed as members of the Cabinet. Such
appointment need not confirmation of the COA.
Vacancy
 The President shall nominate a VP from among the members of the
Congress who shall assume office upon confirmation by a majority
vote of all members of the Congress voting separately
Powers of the President
 Executive Power – power of carrying out the laws into practical
operation and enforcing their due observance.
o It is not for the President to determine the validity of a
law since this is a question addressed to the judiciary.
 Power of Appointment
o Appointment is the selection, by the authority vested with
the power, of an individual who is to exercise the
functions of a given office.
o Designation is the imposition of additional duties
o Classification
 Permanent – protected by security of tenure
 Temporary – without eligibility, revocable at will
without necessity of just cause
 Regular – one made by the President while the
Congress is in session, takes effect after
confirmation by Commission on Appointments
 Ad interim – one made while the congress is not
in session, takes effect immediately, ceases to be
valid if disapproved by CoA or upon next
adjournment of Congress.
 Ad interim is permanent appointment.
The fact that it is subject to the approval
of the CoA, does not mean that it is not
permanent.
 In case of in action, the President is free
to renew the ad interim appointment.
o Officials to be appointed by the President (these are the
one who needs confirmation by COA)
 Head of Executive Departments
 Ambassadors, other public ministers and consuls
 Officers of the AFP from the rank of Colonel or
naval captain
 Those other officer whose appointment are
vested in the Constitution
o The Congress, by law, cannot require confirmation of
appointments of governments officials other than those
enumerated.
o Steps
 Nomination by the Pres
 Confirmation by the commission on
Appointments
 Issuance of the commission
o The president has the power to appoint officer whose
appointments are not otherwise provided by law.
 The SC said that the appointment is deemed
complete upon acceptance.
 Pending such acceptance, the appointment may
still be validly withdrawn
o Discretion of Appointing Authority
 Appointment is essentially a discretionary power
and must be performed by the officer in which it
is vested according to his best lights, the only
condition being that the appointee, if issued a
permanent appointment, should possess the
minimum qualification requirements.
o Special Constitutional Limitations on the President’s
Appointing Power
o Spouse and relatives by Consanguinity and
affinity within 4th civil degree as members of the
ConCom , or as secretaries, undersecretaries,
chairmen, or heads of bureaus or offices,
including GOCC
o Appointment extended by an acting president
shall remain unless revoked by the elected
president within 90 days from his assumption of
office.
o Two months immediately before the next
presidential elections up to the end of his term, a
president or acting president shall not make
appointments, except temporary appointments to
executive positions when continued vacancies
will prejudice public safety. (midnight
appoitnments)
 Applies only to Presidential
appointments
 Does not apply to appointment of
members of SC.
o Power or removal
 o It is implied in the power of appointment
o However, the President cannot remove officials
appointed by hum where the Constitution
prescribes certain methods for separation of such
public officers.
o Should be exercised by the President, the same
may be exercised only for cause as may be
provided by law, and in accordance with
prescribed administrative procedure.
 Power of Control
o Power of the officer to alter or modify or nullify or set
aside what a subordinate officer had done in the
performance of his duties and to substitute the judgement
of the former for that of the latter.
o President has the power to reorganize the offices and
agencies in the executive department in line with his
Power of Control.
 By abolishing, consolidating or merging
units thereof or transferring functions
from one unit to another
 Or by transferring functions or officers
from the OP to any other department or
agency in the executive branch and vice
versa.
o Power of control may include the power to abolish.
o The president must exercise the same in good faith
o Evidence of bad faith
 Significant increase in the number of
positions in the new staffing patter of
the department or agency involved
 Office is abolished and another which
practically does the same is created
 Incumbents are replaced by less
qualified
 There is a classification of office in the
department of agency concerned and the
reclassified offices performs
substantially the same functions as the
original
 Removal violates the order of
separation
o Alter Ego Principle
 Doctrine of Qualified Political Agency
 Act of alter ego is the act of the President, unless
disapproved or reprobated by the President
 SC held that the ES has the authority to enter
contract with ABS CBN since he was acting on
behalf of the President who had the power to
negotiate such agreement.
 The power of the President to reorganize the
National government may be validly delegated to
the Cabinet Members exercising control over the
particular executive department.
 Appeal to the President from decision of
subordinate executive officers, including cabinet
members, completes exhaustion of
administrative remedies. XPN: when the doctrine
of qualified political agency applies
o Power of control of Justice Secretary over Prosecutors
 Secretary of Justice exercises his power of
review only after an information is filed, trial
courts should defer or suspend arraignment and
other proceedings and wait until the appeal is
resolved.
 Such deferment does not mean that the court is
bound by such resolution of the Secretary of
Justice, because jurisdiction, once acquired by
the trial court, is not lost despite the resolution of
the secretary to withdraw the information or to
dismiss the case.
o The President only exercises the power of general
supervision over LGU
 The president can only interfere in the affairs and
activities of a local government unit if he finds
that the latter acted in a manner contrary to law.
 Because of this, the grant of additional
compensation, like hospitalization and health
care insurance benefits to the LG officials and
 employees does not require approval of the
President.
 Like LGU, Liga ng mga barangay is not subject
to the control of the President or his alter ego.
 The DILG’s authority is limited to
seeing to it that the rules are followed
 It cannot lay down such rules himself
 Not does it have the discretion to
modify or replace them.
 Military Powers
o Commander in chief clause – president is the CIC of the
Armed Forces of the Philippines.
o To call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion (calling out power)
o The calling out power belongs exclusively to the
President.
 Every act that goes beyond the President’s
calling out power is considered illegal or ultra-
vires
 When the President uses her calling out power,
he necessarily exercises a discretionary power
that the Court cannot overrule.
 The President did not proclaim a national
emergency, but only a state of emergency in
three places. Thus, she did not need
congressional authority to exercise the power.
Delegated emergency power vs presidential
military power. (Ampatuan vs Hon. Puno)
 Pardoning Power
o Pardon - An act of grace which exempts the individual on
which it is bestowed from the punishment that the law
inflicts for the crime he has committed.
o Amnesty – act of grace, concurred in the legislature,
usually extended to groups of person who committed
political offenses, which puts
o This is DISCRETIONARY on the part of the President. If
there are constitutional violation, then the court can
reverse the same.
o Limitations on the exercise

Cannot be granted in cases of impeachment

Cannot be granted in case of violation of election
laws without favorable recommendation of the
Comelec.
 Can be granted only after conviction by final
judgement
 Cannot be granted in case of legislative contempt
or civil contempt
 Cannot absolve the convict of civil liability
 Cannot restore offices forfeited.
 Diplomatic power
o No treaty or international agreement shall be valid and
effective unless concurred in by at least 2/3 of all the
members of the Senate.
o Executive agreement are just as binding as treaty
JUDICIAL DEPARTMENT
Includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable and to
determine w/n there has been GAD amounting to lack or excess of
jurisdiction on the part of any branch of the government.
Jurisdiction
 The congress shall have the power to define, prescribe and
apportion the jurisdiction of the various courts BUT may not
deprive the SC of its jurisdiction over cases enumerated in Sec. 4
Art. VII.
 No law shall be passed INCREASING the appellate jurisdiction of
the SC, without its advice and concurrence.
Deliberative Process Privilege
 Principle of Comity – interdepartmental courtesy
 Privilege against disclosure of information or communication, to
enable the members of the court to “freely discuss issues without
fear of criticism for holding unpopular positions”
  The court and court officials may not be compelled to testify on
matters that are part of the internal deliberations and actions of the Appointment to the Judiciary
court in the exercise of its adjudicatory functions and duties.  Qualifications – of proven competence , integrity, probity and
independence
Constitutional Safeguards to insure the independence of the Judiciary o SC
 SC is a constitutional body, may not be abolished by the legislature 1. Natural born citizen
 Members of the SC are removable only by impeachment and quo 2. At least 40 years old
warranto 3. For 15 years or more a judge of the lower court
 SC may not be deprived of its minimum original and appellate or engaged in the practice of law in the PH
jurisdiction; may not be increased as well without advice and o Lower Collegiate Courts
concurrence 1. Natural born citizens
 SC has administrative supervision over all inferior courts and 2. Member of the PH Bar
personnel 3. But Congress may prescribe other qualifications
 SC has the exclusive power to discipline judges/justices of the
inferior courts o Lower Courts
 Members of the judiciary have security of tenure 1. Citizen of the PH
 Members of the judiciary may not designate to any agency 2. Member of the Bar
performing quasi-judicial or administrative functions.  Appointed by the President of the PH from among the list of at
 Salaries of the judges may not be reduced (Fiscal Autonomy) least 3 nominees prepared by the JBC for every vacancy; the
 SC alone may initiate and promulgate the ROC appointment needs no confirmation.
 SC, alone, may order temporary detailof judges  Any vacancy in the SC shall be filled within 90 days from the
 The SC can appoint all officials and employees of the Judiciary occurrence thereof.
 For lower courts, the President shall issue the appointment within
Fiscal Autonomy 90 days from the submission by the JBC of such list.
 In downgrading two position in PJA, the DBM overstepped its  Prohibition against midnight appointment is not applied to SC
authority and encroached upon the fiscal autonomy of the SC and since there is the JBC which subjected the nominees to screening
its power if supervision over court personnel. as well as unhurried and deliberate prior process.
 Any form of interference by the legislature or the executive on the
judiciary’s fiscal autonomy amounts to an improper check on a co- Judicial and Bar Council
equal branch of the Government.  Composition
 It is of the record that the Court has routinely granted media, o Ex officio members:
concerned citizens and even students of law, access to copies of the 1. CJ as chairman
SALNs of its own members, PROVIDED that it is shown that their 2. SOJ
motives are sound and sincere 3. And a representative of Congress
 Even in invoking one’s right to information, it is only under the o Regular members:
circumstances that would not result in endangering, diminishing or 1. A representative of the IBP
destroying the independence and security of the members of the 2. A professor of law
judiciary in the performance of their judicial functions or expose 3. A retired justice of the SC
them from revenger for adverse decisions. 4. A representative of the private sector
  In JBC, any member of the Congress, whether fromm the Senate or
HoR, is constitutionally empowered to represent the entire
Congress.
 Secretary ex-officio – the Clerk of the SC
 Appointment
o The regular members shall be appointed by the President
for a term of 4 years, with the consent of the Commission
on Appointment.
 Powers
o Principal function is recommending appointees to the
Judiciary
The Supreme Court
 Composition – CJ, 14 assoc justice.
 En banc
o Cases:
 All cases involving the constitutionality of a
treaty, international and executive agreement or
law,
 Constitutionality, application or operation of
presidential decrees, proclamations, orders,
instructions, ordinances and other regulations
 and all other cases that is mandated to be heard
en banc
o Decided with the concurrence of a majority of the
members who actually took part in the deliberations on
the issues and voted thereon
 Division
o Other cases or matters may be heard in division
o Decided or resolved with the concurrence of a majority of
the members who actually took part in the deliberations
on the issues and voted thereon
o But in no cases without the concurrence of at least 3 such
members.
o When required number is not obtained, the case shall be
decided en banc.
 It is noteworthy to distinguish case from matter
 Case – are decided
 Matters – are resolved
 Only cases are referred to en banc for decision
whenever the required number is not obtained
 No doctrine or principle of law laid down by division or enbanc
shall be modified or reversed EXCEPT by the court sitting enbanc.
 The reorganization of the court is purely an internal matter
 Powers
o Original Jurisdiction
o Appellate jurisdiction
o Temporary Assignment of Judgment
o Order of change of venue
o Rule-making power
 The rules must provide a simplified and
inexpensive procedure for the speedy disposition
of cases.
 They must be uniform for all courts of the same
grade
 Must not diminish, increase or modify
substantive right.
o Power of Appointment
o Power of Administrative Supervision
 Ombudsman may not initiate or investigate a
criminal or administrative complaint before his
office against a judge; he must first indorse the
case to the SC for appropriate action.
 Administrative proceeding before the SC are
confidentaial in nature
Rules of Procedure for Environmental Cases
 Writ of Kalikasan – filed on behalf of persons whose constitutional
right to a balanced and healthful ecology is violated or threatened
by violation by an unlawful act or omission of a public official or
employee and etc involving environmental damage
 Writ of Continuing Mandamus – filed when any agency of the
government unlawfully neglects the performance of an act which
the law specifically enjoins as a duty resulting from an office in
connection with the enforcement of environmental law or
unlawfully excludes another from the use or enjoyment of such
right.
o There is no other plain and speedy remedy.
 o Eg. The cleaning of Manila Bay may be compelled by the
Writ of Mandamus.
 Strategic Lawsuit Against Public Participation (SLAPP)
o A legal action filed to harass, vex, exert undue pressure or
stifle any legal recourse that any person has taken or may
take in the enforcement of environmental law, protection
of the environment or assertion of environmental right
shall be treated as SLAPP.
Consultations/Decisions of the SC
 Conclusions in any case submitted to the Sc for decision shall be
reached in consultation before the case is assigned to a member for
the writing of the opinion of the court. A certification to this effect
signed by the CJ shall be issued.
 Such requirement is not applicable to administrative cases
 When the votes are equally divided and the majority vote is not
obtained, the petition shall be dismissed.
 No petition for review or motion for reconsideration shall be
refused due course or denied without stating the legal basis
therefore.
o SC said that “lack or merit” is sufficient declaration of the
legal basis for denial of the Petition for review or motion
for reconsideration.
Tenure of Judge/Justices
 SC – justices may be removed by impeachment and quo warranto
 Lower Courts – judges shall hold office during good behavior until
they reach the age of 70 years old or become incapacitated to
discharge the duties of office.
o The SC en banc shall have that power to discipline judges
of lower courts or order their dismissal by a vote of a
majority of the members who actually took part in the
deliberations on the issues and voted thereon.
o Only the cases involving the dismissal of judges of lower
court are specifically required to be decided by the Court
en banc.
o Ground for the removal of a judicial officer should be
established beyond reasonable doubt.
o The absence of bad faith, or malice will not totally
exculpate them from charges of incompetence and
ignorance of the law when they render decisions are
totally bereft of factual and legal basis.
CONSTITUTIONAL COMMISSIONS (CC)
 CSC, Commission on Audit, COMELEC
Safeguards insuring the independence of the Commissions
a. They are not constitutionally created; cannot be abolished
by statutes
b. Each is expressly described as independent
c. Each is conferred certain powers and functions which
cannot be reduced by statute
d. The chairmen and members cannot be removed except by
impeachment (or quo warranto)
e. Chairmen and members re given a fairly long term of
office of seven years
f. Chairmen and members may not be reappointed or
appointed in acting capacity
g. The salaries of the chairman and members are relatively
high and may not be decreased during the continuance.
h. The commissions enjoy fiscal autonomy
 Mean that no condition to fund releases to it may
be imposed
 But the Congress is not prohibited from reducing
the appropriations of the CC below the amount
appropriated for them for the previous year
i. Each commission may promulgate its owen procedural
rules provided they do not diminish, increase, or modify
substantive right
j. The chairmen and members are subject to certain
disqualifications calculated to strengthen their integrity
k. The Commissions may appoint their officials and
employees in accordance with Civil Service Law.
Inhibitions/Disqualifications
a. Shall not, during tenure, hold any other office or
employment
  CSC chairman cannot be a member of a government
entity that is under the control of the President
without impairing the independence vested in the
CSC by the Constitution
b. Shall not engage in the practice of any profession
c. Shall not engage in the active management or control of
any business which in any way be affected by the
functions of his office
d. Shall not be financially interested, directly and indirectly,
in any contract with, or in any franchise or privilege
gratned by the Govt.
Rotational scheme of Appointment
 The first appointees shall serve terms of seven, five and three years
respectively. After the first commissioners are appointed, the
rotational scheme is intended to prevent the possibility of the
President appointing all of the Commissioners.
o The rotational plan requires 2 conditions:
 Terms of the first commissioners should start at
the same date
 Any vacancy due to death, resignation or
disability before the expiration of the tern should
be filled only for the unexpired term.
Decisions
 Each commission shall decide on a majority vote of ALL its
members any case or matter brought before it within 60 days from
the date of its submission for decision or resolution.
 Any decision, order or ruling of each Commission may be brought
to the SC on certiorari by the aggrieved party within 30 days from
the receipt of copy thereof.
o As for CSC, resolutions are appealable by certiorari to the
CA within 15 days from receipt of a copy thereof.
o The proper mode should be under Rule 43 with the CA.
o The grounds should not be GAD (since not 65) but
reversible errors.
 Enforcement – enforceable by writ of executions that the
Commission may itself issue.
Civil Service Commission
Composition:
 A chairman and 2 commissioners
 Qualifications:
o Natural born citizen
o At least 35 years old at the time of appointment
o With proven capacity for public administration,
o Must not have been candidate for any elective position in
the election immediately preceding their appointment
 Appointed by the President with the consent of the CoA
 Term – 7 years without reappointment
Functions
 Central personnel agency of the Government
 CSC enjoys a wide latitude of discretion, and may not be
compelled by mandamus to issue such eligibility
 Among the powers of CSC includes the authority to recall an
appointment initially approved in disregard of applicable
provision of the Civil Service Law and Regulations
Scope
 Embraces all branches, subdivisions, instrumentalities and
agencies of the Government including GOCC WITH original
charter
 The SC declared the phrase “with original charter” refers to
corporations chartered by special law as distinguished from
corporations organized under the Corporation code.
Classes of Service:
a. Career Service
 Characterized by entrance based on the merit and fitness to
be determined, as far as practicable by competitive
examinations or based on highly technical qualifications.
 Security of tenure in CES, requisites
o Career executive service eligibility
o Appointment to the appropriate career executive
service rank
 Security of tenure only pertains to rank, and not to the office
or position to which they may be appointed
  A Career executive service officer suffers no diminution in
salary even if assigned to CES position with lower salary
grade, as he is compensated according to his CES rank, and
not on the basis of the position or office which he occupies.
 When the appointee does not possess the required career
executive service eligibility, his appointment will never attain
permanency.
 Criteria to determine if the position belongs to CES
o Position belongs to career service of the civil service
o The position is above division chief
o The position entails performance of executive or
managerial function
 Incumbents of position which are declared to be CES
positions for the first time pursuant to this resolution who
hold permanent appointments thereto shall remain under
permanent status in their respective positions.
o However, upon promotion or transfer to other CES
positions, these incumbents shall be under
temporary status in said other CES positions until
they qualify.
b. Non-Career Service
 Characterized by entrance on bases other than those the usual
tests utilized for the career service, tenure limited to a period
specified by law, or co-terminous of the appointing authority or
subject to his pleasure.
Appointments in the Civil Service
 Made only according to merit and fitness to be determined, as far
as practicable
 XPN of competitive examination:
a. Policy determining – officer lays down principal or
fundamental guidelines or rules; or formulates method of
action for government or any of its subdivision. (eg.
Department head)
b. Primarily confidential – denoting not only confidence in
the aptitude of the appointee for the duties of the office
but primarily close intimacy which ensures freedom of
intercourse without embarrassment.
 Proximity Rule – the occupant of a particular
position could be considered a confidential
employee if the predominant reason why he was
chosen by the appointing authority was the
latter’s belief the he can share a close intimate
relationship with the occupant.
 co-terminous with the appointing authority
c. Highly technical – requires possession of technical skill or
training in a supreme or superior degree
 Discretion of the Appointing authority – the appointing authority
has the discretion who to appoint.
o The final choice of the AA should be respected and left
undisturbed.
o The discretion also includes the nature or character of the
appointment issued
Role of CSC
 All that the CSC is authorized to do is to check if the appointee
possesses the qualifications and appropriate eligibility.
 On its own the CSC does not have power to terminate employment
or to drop members from its rolls.
 An appointment should be submitted to CSC within 30 days from
issuance; otherwise, it shall be ineffective.
 Both the appointing authority and the appointee has the legal
standing to challenge the denial of appointment.
Disqualification
a. No candidate who lost any election shall, within 1 year
after such election, be appointed to any office in the
Government or any GOCC
b. No elective official shall be eligible for appointment or
designation in any capacity to any public office or
position during his tenure.
c. No appointive official shall hold any other office or
employment in the government or any subdivision,
agency or instrumentality. Unless allowed by law or by
the primary functions of his position.
 Where the other posts are held by a public officer
in an ex-officio capacity, as provided by law, or as
 required by primary functions of his position.
There is no violation
 But he is prohibited from receiving any additional
compensation for his services, in the said position,
because these services are deemed already paid
for and covered by compensation attached to his
principal office.
Security of Tenure
 No officer or employee of the civil service shall be removed or
suspended except for cause provided by law.
 Unconsented transfer of the officer, resulting in the demotion in
rank or salary, is a violation of the security of tenure clause in the
Constitution
 When the employee is illegally dismissed, his reinstatement is later
order by the Court, he is entitled to back salaries
 But if the reinstatement is ordered by the Court due to liberality,
payment of back salaries not authorized
 Sc said that the payment of back wages during the period of
suspension of a civil servant who is subsequently reinstated is
proper only if he is found innocent of the charges and the
suspension is unjustified.
 Thu, valid abolition of office does not violate the constitutional
guarantee of security of tenure.
 Persons invalidly ousted from office has 1 year within which to file
an action in court to recover his office, otherwise, the right to
recover the same prescribes.
o If the ground is of equity, the suit may be allowed to be
file 9 years from the date of dismissal.
 It is a well-settled rule that he who, while occupying one office,
accepts another incompatible with the first, ipso facto vacates the
first office and his title thereto is thereby terminated without any
other act of proceeding.
Partisan Political Activity
 No officer or employee in the civil service shall engage, directly or
indirectly, in any electioneering or partisan political campaign.
 Military establishment is covered by this provision, only to active
military service, not to reservist.
 XPN: cabinet members and public officers and employees holding
political offices.
Right to Self-organization
 The right to self-organization shall not be denied to government
employees
 But they may not engage in strike to demand changes in the terms
and conditions of employment because such terms are provided by
law.
Commission on Audit
 Composition – chairman and 2 commissioners
 Qualification
o Natural born filipino citizen
o At least 35 years old
o CPAs with not less than 10 years of auditing experience
or members of the Philippine Bar with at least 10-year
practice of law
o Must not have been candidates in the election
immediately preceding appointment
o In no time shall all members belong to the same
profession
 Appointed by the President with the consent of the Commission on
Appointments
 Term – 7 years without reappointment
Power and duties
 Examine, audit and settle all accounts pertaining to the revenue and
receipts of, and expenditure or uses of funds and property owned
or held in trust or pertaining to, the government.
o The COA has the power to override the NAPOCOR
General Counsel post-audit measures relative to the
determination of whether an expenditure of a government
agency is irregular, unnecessary, extravagant or
unconscionable.
o Temporary or special pre-audit: where internal control
system of the audited agency is inadequate.
o COA has audit jurisdiction over GOCC with original
charters as well as GOCC without original charters.
  Keep the general accounts of the Govt and preserve vouchers and
supporting papers for such period as provided by law.
 Authority to define the scope of its audit and examination,
establish technique and methods required therefor.
 Promulgate accounting and auditing rules and regulations,
including those for the prevention and disallowance of irregular,
unnecessary, expensive, extravagant or unconscionable
expenditure or uses of government funds or property.
Jurisdiction
 No law shall be passed exempting any entity of the Government, or
any investment of public funds, from the jurisdiction of the COA.
 SC said the Manila Economic and Cultural Office (MECO) is
neither a GOCC nor a government instrumentality, and is thus
outside the audit jurisdiction of COA.
o However the verification fees for overseas employment is
subject to audit since the same is done by MECO being
the collection agent of DOLE, a government agency.
o As well the consular fees it collects for the issuance of
visas and passport, and other documents pursuant to its
consular functions.
ACCOUNTABILITY OF PUBLIC OFFICERS
Public office is 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.
Impeachment
 National inquest into the conduct of public men
 Power of the Congress to remove a public official for serious
crimes or misconduct as provided in the Constitution
 Impeachable Officers: (exclusive)
o President
o VP
o CJ
o Assoc Justices
o Chairmen and members of CC
o Ombudsman
 SC justices should be impeached first before criminal action may
lie against him
 Impeachable officers who is a member of the bar, cannot be
disbarred without being impeached.
 Grounds:
o Culpable violation of the Constitution
o Treason
o Bribery
o Graft and corruption
o Other high crimes or betrayal of public trust
 Initiating impeachment case
o HR has the exclusive power to initiate all cases of
impeachment
o SC said that impeachment case is deemed initiated when
the complaint (accompanying resolution of indorsement)
has been filed with the HR and referred to the appropriate
committee.
o A verified complaint may be filed by any members of the
HR, or by any citizen upon a resolution or endorsement
by any member thereof.
o Included in the Order of business within 10 session days
and referred to the proper committee within 3 session
days.
o If the verified complaint is filed by at least 1/3 of all
members of the House, the same shall constitute the
Articles of Impeachment, and trial by the Senate shall
forthwith proceed. (there’s no need to refer the same to
the proper Committee)
o The committee after hearing, and by majority vote of all
its members, shall submit its report to the House within 60
days from such referral, together with the corresponding
reso.
o A vote of at least 1/3 of all members of the HR shall be
necessary to affirm a favorable resolution with the articles
of impeachment of the Committee, or override its contrary
resolution
  Limitation – not more than once within a period of one year
against the same official.
 Trial – the Senate have the sole power to try and decide all cases of
impeachment
o When the President of the Philippines is on trial, the CJ
shall preside, but shall not vote.
o A decision of conviction must be concurred in by at least
2/3 of all the members of the Senate.
 Effect of conviction – removal from office and disqualification to
hold any office under the RP.
 Judicial review of impeachment proceedings – the power of review
includes that power review all justiciable issues in an impeachment
proceeding.
Sandiganbayan
 The present anti-graft court
 Composition – 1 presiding Justice and 20 associate Justices, with
the rank of Justice of the Court of Appeals. It shall sit in 7
divisions of three members each.
 Proceedings
o All 3 members of a division shall deliberate on all matters
submitted for judgment
o The concurrence of majority of members of a division
shall be necessary to render a judgement, decision or final
order or to resolve interlocutory or incidental motion.
 If the petitioner is not a public officer, then the SB has no
jurisdiction over him.
 Whether the SB or RTC has jurisdiction shall be determined by the
allegations in the information
o It is requires that charge set forth with particularity as will
reasonably indicate that the exact offense which the
accused alleged to have committed is one in relation to his
office.
 Review – decisions of SB shall be reviewable by the SC on a
petition for certiorari. (only questions law)
o It is settled that RA 3019 makes it mandatory for the SB
to suspend any public officer against whom a valid
information charging violation of that law, or any offense
involving fraud upon the government or public funds or
property is filed.
The Ombudsman
 Known as the Tanodbayan, one overall deputy and at least one
deputy each for Luzon, Visayas and Mindanao.
 Qualifications
o Natural born citizen
o 40 years of age
o Recognized probity and independence,
o Members of the Philippine Bar
o And must not have been candidates for any elective office
in the immediately preceding election
o Must have been a judge or engaged in the practice of law
for 10 years or more.
 Appointment of the OM and deputies – by the President from a list
of at least 6 nominees prepared by the JBC and from a list of at
least 3 nominees for every vacancy thereafter. All vacancies must
be filled in 3 months.
 Term – 7 years without reappointment
 Rank and salary- like chairman and members, respectively, of CC
 The office of OM shall enjoy fiscal autonomy
 Disqualification/inhibition
o Hold any other office or employment
o Not engage in practice of any profession
o Or in active management or control of any other business
which in any way may be affected by the functions of his
office
o Not be financially interested in any contract with, or in
any franchise or privilege granted by the Govt.
 Removal of Ombudsman
o Only on impeachment (or quo warranto)
o For conviction of culpable violation of the Constitution,
treason, bribery, graft and corruption, other high crimes or
betrayal of the public trust
 It is the Ombudsman that have disciplinary jurisdiction over a
deputy ombudsman.
o As for the Special Prosecutor, it is still the President that
has disciplinary authority over them.
 o It is only the office of ombudsman and deputies that are
endowed with independence but not the office of special
prosecutor (tanodbayan)
 Power and duties
o The OM has no jurisdiction to investigate employees of
the GOCC organized under the Corporation Code
o The SP may prosecute before the SB judges accused of
graft and corruption, even if the administrative
supervision belongs to the SC
o The tanodbayan may also review and reverse the findings
of city fiscal, and order him to withdraw certain charges
o For purposes of initiating a PI before the OM, a complaint
“in any form” is sufficient.
o OM or his deputies is authorized to preventively suspend
any officers or employee under his authority pending an
investigation irrespective or whether such officer or
employee is employed in the office of OM or any other
government agency.
 Other than members of Congress or the Judiciary
o OM can also investigate criminal offenses committed by
public officers which have no relation to their office.
o OM is also granted the power to cite in contempt
 Such power may be exercised while conducting
PI, because PI is an exercise of quasi-judicial
functions.
o All such appeals from the decision of OM shall be made
to the CA in accordance with Rule 43.
o The authority to investigate of the OM is not an exclusive
authority but it is shared or concurrent authority with the
DOJ Panel of Investigators
o It is not for the court to review the OM paramount
discretion in prosecuting or dismissing a complaint filed
before its office.
 XPN: when GAD on the part of OM is evident.
o But if the OM moved to dismiss the case, the final
disposition of the motion and of the case is addressed to
the sound discretion of the SB only limited by the ff 1)
that the SB must not impair substantial rights and 2) due
process must not be violated
o The OM’s authority to impose admin penalty and enforce
compliance therewith is not merely recommendatory but
mandatory within tege bounds of law.
 It must be coursed to the proper officer
o When a public official has been found guilty of an
administrative charge by the OM and the penalty is more
than 1 month of suspension, an appeal may be made to the
CA, but such appeal shall not stop the decision from being
executory, and implementation of the decision follows as
a matter of course.
o The OM has the authority to impose the penalty of
removal, suspension, demotion, fine or censure in the
exercise of its administrative disciplinary authority.
o Accused investigated by the OM is still entitled to right to
speedy disposition of cases.
 Special Prosecutor (Tanod Bayan)
o Clearly without authority to conduct PI and to direct filing
of criminal cases with the SB, except upon orders of the
OM.
o The right to do so was lost when the 1987 consti become
effective.
o But insofar as RA 6770, vest disciplinary authority of SP
in the President of PH.
Ill Gotten Wealth
 Right of the state to recover ill gotten wealth acquired by the
public officers shall not be barred by prescription.
 this applies to civil actions for recovery of ill gotten wealth not to
criminal cases.
ADMINISTRATIVE LAW
That branch of public law which fixes the organization and determines the
competence of administrative authorities and indicates to the individual
remedies for the violation of rights.
………….,m,
Administrative Bodies (AB)
  organ of the government, other than a court and other than a
legislature, which affects the rights of private parties either through
adjudication or rule-making.
Criterion
 a body or agency is administrative where its function is primarily
regulatory even if it conducts hearings and determines
controversies to carry out its regulatory duty. On its rule-making
authority, it is administrative when it does not have discretion to
determine what the law shall be but merely prescribes details for
the enforcement of law.
Powers of Administrative Bodies
1. quasi-legislative or rule-making power (QL)
2. quasi-judicial or adjudicatory power (QJ)
3. determinative power
Quasi-Legislative Power
 This is the exercise of delegated legislative power, involving no
discretion as to what the law shall be, but merely the authority to
fix the details in the execution or enforcement of a policy set out
in the law.
 AB may exercise QL power ONLY if there exists a law which
delegates these powers to them.
 The rules so promulgated must be within the confines of the
granting statute and must involve no discretion as to what the law
shall be but merely the authority to fix details in the details on the
execution or enforcement of the policy set out in the law itself.
 Rules and regulation have the force and effect of law.
 Administrative regulations cannot extend the law or amend a
legislative enactment.
o For they are intended to carry out, not to supplant nor
modify the law.
 Kinds of Rules and Regulation
a. Supplementary or detailed legislation
 They are in the nature of subordinate legislation,
and designed to implementation primary
legislation by providing the details thereof.
b. Interpretative legislation
 They are intended to clarify or explain existing
statutory regulations
c. Contingent legislation
 Made by an administrative authority on the
existence of certain facts or things upon which
the enforcement of the law depends.
 Requisites of Validity
a. Issued under the authority of law
 There must be valid law which delegates
legislative powers to the administrative agency.
b. Within the scope and purview of the law
 The power of the administrative officials to
promulgate rules in the implementation of a
statute is necessarily limited to what is provided
for in the legislative enactment
 All that is required is that the regulation be
germane to the objectives and purposes of the
law
 The law itself cannot be expanded by such IRRs,
because an administrative agency cannot amend
an act of Congress.
c. Reasonable
d. Publication in the official gazette or in a new paper of
general circulation.
 However, interpretative rules and regulations, or
those merely internal in nature, or the so-called
letters of instruction issued by thy administrative
superiors concerning the rules and guidelines to
be followed by subordinates in the performance
of their duties, need not be published but may
simply be posted in conspicuous places within
the agency itself.
Administrative Rules with Penal Sanctions; additional requisites
a. The law must itself declare as punishable the violation of the
administrative rule or regulation
b. The law should define or fix the penalty for the violation of the
administrative rule or regulation.
Notice and Hearing
  There is no constitutional requirement for a hearing in the
promulgation of a general regulation by an administrative body.
 But the SC distinguished between administrative rules in the nature
of subordinate legislation and those which are merely interpretative
rule.
o Subordinate legislation – hearing and publication should
not be ignored.
 Because RR adversely affect, or impose a heavy
and substantial burden on, the citizenry in a
matter that implicated the very nature of the
government we have adopted.
o Interpretative rule – no need for notice and hearing
 In Philippine Consumers Foundations vs Secretary of DECS, the
SC held that the function or prescribing rates by an administrative
agency may be either a legislative or an adjudicative function.
o Legislative function – grant of prior notice and hearing to
the affected parties is not a requirement (eg. applies to a
lot of establishments)
o Adjudicatory function – prior notice and hearing is
necessary. (eg. applies to only a particular person)
 Petition for prohibition not the proper remedy to assail IRR issued
in the exercise of QL functions.
Determinative Powers
1. Enabling – to permit or allow something which the law undertakes
to regulate (grant or denial of licenses to engage in business)
2. Directing – illustrated by the power of assessment of the BIR or
the Bureau of Customs.
3. Dispensing – to exempt from general prohibition or relieve an
individual or corporation from an affirmative duty (e.g. authority
of Acceptance Board of the Philippine Army to relieve certain
persons from military training)
4. Examining – also called the investigatory power; consists in
requiring production of books, papers, etc, the attendance of
witness and compelling their testimony.
 Power to compel attendance of the witness not
inherent in administrative body; but admin officer
authorized to administer oath, summon witness,
require production of documents.
 Power to punish contempt must be expressly granted
to the administrative; must be exercised only when
admin body is actually performing QJ functions.
5. Summary Power – power to apply compulsion or force against
persons or property to effectuate a legal purpose without a judicial
warrant to authorize such action. (eg. Abatement of nuisance)
Quasi-Judicial or Adjudicatory Power
 AB is normally granted the authority to promulgate its own rules of
procedure, provided they do not increase, diminish, or modify
substantive rights and subject to disapproval by the SC
Administrative Due Process
i. Right to hearing
ii. Tribunal must consider evidence to presented
iii. Decision must have something to support itself
iv. Evidence must be a substantial
v. Decision must be based on the evidence adduced
at the hearing, or at least contained in the record
and disclosed to the parties
vi. Board or its judges must act on its or their
independent consideration of the facts and the
law of the case, and not simply accept the views
of a subordinate in arriving the decision
vii. Decision must be rendered in such manner that
the parties to the controversy can know the
various issues involved and the reasons for the
decision rendered
 Administrative DP does not necessarily require the assistance of
counsel.
 Even in the absence of previous notice, there is not denial of due
process as long as the parties are given the opportunity to be
heard.
 Administrative procedural DP simply means the opportunity to
explain one’s side, one may also be heard through pleadings and
not just the verbally.
  What the law prohibits is the absolute absence of notice and lack
of opportunity to be heard.
 Substantial Evidence is the burden of proof applied. SE is the
evidence sufficient to support a conclusion that acts constitutive of
the administrative offense have been performed.
When Notice and Hearing are not Necessary for Due Process
a. Grant of provisional authority for increased rates, or to
engage in a particular line of business
b. Summary proceedings of distraint and levy upon the
property of a delinquent tax payer
c. Cancellation of a passport where no abuse of discretion is
committed by secretary of foreign affairs
d. Summary abatement of nuisance per se which affects the
immediate safety of persons or property.
e. Preventive suspension of a public officer or employee
pending investigation or administrative charges filed
against him.
Right against self-incrimination
 This right may be invoked by the respondents at the time he is
called by the complainant as a witness;
 however if he voluntarily takes the witness stand, he can be cross
examined; but he can invoke the right at the time the incriminating
question is asked.
Power to punish contempt
 only when it is expressly conferred by law
Administrative decisions not part of the legal system
 For there are no vested rights to speak of respecting a wrong
construction of the law by the administrative officials and such
wrong interpretation could not place the government in estoppel to
correct or overrule the same.
Administrative Appeal and Review
 Appeal may be made to a higher or superior administrative officer
or body
 By virtue of control which the President exercises, the President
by himself or through department secretaries, may affirm, modify,
alter, or reverse the administrative decision of subordinate official
and employees.
Res Judicata
 RJ applies to decision and orders of administrative agencies upon
their finality
 But it applies only to adversary administrative proceedings
 Doctrine does not apply in administrative adjudication relative to
citizenship
 When can RJ apply in cases of citizenship
o Question of citizenship is the material issue in the
controversy
o Active participation of SolGen
o The finding made by the administrative body on the
citizenship issue is affirmed by the SC.
Exhaustion of Administrative Remedies (EAR)
 No judicial recourse can be made until all such remedies have been
availed of and exhausted
 Thus before a party is allowed to seek the intervention of the court,
he should have availed himself of all the means of administrative
process afforded him.
 Petitioner’s omission renders their complaint dismissible for lack
of cause of action.
 Reasons:
o Resort to the court may be unnecessary
o Admin agency should be given the chance to correct its
error
o Principle of Comity
o Resort to court is usually through SCA, and one of the
requisites there is that there should be no speedy,
adequate remedy.
 It must be noted, that only those decisions of administrative
agencies made in the existence of QJ powers are subject to the rule
of EAR
o The doctrine of primary administrative jurisdiction
applies only to QJ powers as well.
  The principle of EAR must yield in order to protect the
fundamental right of speech (Diocese of Bacolod v COMELEC)
Corollary Principles
1. Doctrine of Prior Resort (doctrine of primary administrative
jurisdiction)
 Where there is competence or jurisdiction vested upon
administrative body to act upon a matter, no resort to the
courts may be made before such administrative body shall
have acted upon the matter.
 AB are in better position than the courts to determine the
case.
 But when the issued presented do not require the expertise
of the AB, but purely legal questions, the same may be
filed before the courts.
 Eg. When CHED is not authorized to award damages,
thus the complaint of damages should be filed to the
courts.
2. Doctrine of finality of Administrative Action
 No resort to the courts will be allowed unless the
administrative actions has been completed and there is
nothing left to be done in the administrative structure.
 Eg. When the petitioner did not appeal the case to the
secretary of labor, but went directly to the courts, it was
held that the court action was made prematurely and the
petitioner failed to EAR.
Effect of failure to EAR
 Jurisdiction of the court is not affect but the complainant is
deprived if a cause of action which is a ground for a motion to
dismiss.
 HOWEVER, if no motion to dismiss is filed on this ground, there
is deemed to be a waiver.
Exception to EAR
1. Doctrine of Political Agency (Alter Ego Doctrine)
 XPN where the law expressly provides for exhaustion.
2. Where the administrative remedy is fruitless
 Eg. Suit for recovery of title to office must be instituted within 1
year from the illegal ouster
3. Where there is estoppel on the part of the AA
4. Where the issue is purely legal question
5. Where the administrative action is patently illegal amounting to
lack or excess of jurisdiction
6. Where there is unreasonable delay or official inaction
7. Where there is irreparable injury or threat thereof, unless judicial
recourse is immediately made.
8. In land cases, where the subject matter is private land.
9. Where the law does not make exhaustion a condition precedent to
judicial recourse
10. Where the observance of the doctrine will result in the nullification
of the claim
11. Where there are special reasons or circumstance demanding
immediate court action.
12. Where due process is clearly violated
13. Where the rule does not provide a plain, speedy and adequate
remedy
LAW ON PUBLIC OFFICER
Public Office
Right and duty created and conferred by law, for a given period 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
 Public office is a public trust, and not as a property right
 Elements:
1. Created by the Constitution or by the legislature or
created by a municipality or other body through authority
conferred by the legislature
2. Must possess a delegation of a portion of the sovereign
power of the government, to be exercised for the benefit
of the public
 3. The powers conferred and the duties to be discharged
must be defined, directly or impliedly, by the legislature
or through legislative authority
4. The duties must be performed independently and without
control of a superior power, other than the law
5. It must have some permanency and continuity and not
temporary or occasional
 Permanence and continuity not indispensable
 Salary not element
 The most important factor is the delegation of sovereign function –
means that the power to be exercised benefits the public
 GR: duties must be performed independently and without the
control of a superior law
o XPN: duties of an inferior or subordinate office that was
created or authorized by the legislature and which inferior
or subordinate office is placed under the general control
of a superior office or body.
 Creation
1. By constitution
2. By statute/law – meaning the power to apportion
jurisdiction is exclusively within the powers of the
Congress
3. By a tribunal or body to which the power to create
the office has been delegated
 Modification/Abolition
o GR: the power to create an office includes the power to
modify or abolish it (hence, the power to modify or
abolish an office is primarily legislative)
o XPN: when the Constitution prohibits such modification
or alteration.
 Public office is not a property right
 No one has vested right to any public office, much less a vested
right to an expectancy of holding a public office.
o XPN: PO is analogous to property in a limited context and
due process may be invoked when the dispute concerns
one’s constitutional right to security of tenure
 PO is not a contract
 PO is personal – heirs and widow have no claim to such office
upon the death of the public officer
Public Officer
A public officer is an individual vested with some portion of the sovereign
function of the government to be exercise by him for the benefit of the
public
 Public officer vs public employee
o PO has greater importance, dignity and independence
o PO is required to take an official oath and to give an
official bond
o PO has greater liability to account for misfeasance or
nonfeasance in office; and
o PO’s tenure of office is usually different from that of an
ordinary employee
Who are not PO?
 Generally, persons holding offices or employment which are not
public offices
 Examples
o Forest guard even if appointed by a government agency –
because there was no public office in the case
o Company cashier of private corporation owned by the
Government
Modes of Acquiring Title to Public Office
1. Appointment
 Is a discretionary power
 The discretion of the appointing authority is not only the
choice of the person who is to be appointed BUT also the
nature and character of the appointment intended.
 Such power is generally a political question
o XPN: appointments requiring confirmation by
the COA. In such case, the appointment may be
reviewed by the COA.
 CSC has the authority to recall the appointment on the
ground that the same was issued in disregard of pertinent
law, rules and regulations.
 o However, the recall should not be based in the
ground that another person is better qualified.
 Promotion of the “next-in-rank” is not mandatory
o Unless the law speaks in the most mandatory and
peremptory tone, there should be full recognition
of the wide scope of the discretionary authority
to appoint.
 Courts will act with restraint: generally, as regards the
power of appointment, hence, mandamus will not lie to
require the appointment of a particular applicant or
nominee
o XPN: 1) when there is GAD, prohibition or
mandamus will lie (midnight appointments of
President), and 2) where the palpable excess of
authority or abuse of discretion in refusing to
issue promotional appointment would lead to
manifest injustice, mandamus will lie.
 Presidential power to appoint must be unhindered by
Congress
o XPN: 1) those that need of securing the
concurrence of the COA, and 2) from the
exercise of the limited legislative power to
prescribe the qualifications to a given appointive
office
 Legislative appointments are in conflict to the constitution
o This does should not be confused with the power
of legislative to appoint its own staff and
officials
 Requisites of valid appointment
a. Position is vacant
b. The appointing authority must be vested with
the power to appoint at the time appointment is
made
c. The appointee should possess all the
qualifications including appropriate civil
service eligibility and none of the
disqualifications
d. The appointee accepts the appointment by the
taking the oath and entering into discharge
2. Election – see election law
3. Designation
 It is the imposition of additional duties, usually by law, on
a person already in the public office
 However, where the person is merely designated and not
appointed, the implication is that he shall hold the office
only in temporary capacity and may be replace at will by
the appointing authority.
 Cannot be subject of a protest before the SCS
4. Other modes
a. Succession by operation of law
b. By direct provision of law
Modes and Kinds of Appointment
1. Permanent
2. Temporary
Presidential Appointments
1. Those under Constitution (Need confirmation of the CA)
a. Heads of executive department
b. Ambassadors
c. Other public ministers and consuls
d. Officers of the AFP from the rank of colonel and naval captain
e. Other officers whose appointments are vested in him by the
Constitution
i. Regular members of JB
ii. Chairman and commissioner of the CSC
iii. Chairman and commissioner of the COMELEC
iv. Chairman and commissioner of the COA
v. Members of the regional consultative
commission
2. All other government officials whose appointments are not otherwise
provided for by law
3. Officers whom the president may be authorized by law to appoint
4. Officers lower in rank whose appointments the congress may by law
vest in the President alone.
When CA confirmation is not required
1. All other officers whose appointments are not otherwise provided for by
law;
2. Officers whom the President may be authorized by law to appoint;
3. Appointments explicitly exempted from the confirmation requirement
under the Constitution:
(a) Vice-President as a member of the cabinet [Sec. 3, Art. VII];
(b) Members of the Supreme Court and judges of lower courts
[Sec. 9, Art.VIII];
(c) The Ombudsman and his deputies [Sec. 9, Art. XI].
 The list of appointments requiring confirmation is exclusive.
Congress cannot, by law, require confirmation by the CA for a
public office created by statute. This would be unconstitutional as it
expands the powers of the CA
Ad Interim Appointment
 Appointment during the recess or the Congress, whether voluntary
or compulsory
 Is a permanent appointment
 Ceases to be valid:
o If disapproved by the CA, or;
o If bypassed by the CA upon the next adjournment of
Congress
 Disapproval – appointee cannot be reappointed
 By passed – may be appointed again by the President
Midnight Appointments
 A president or acting President shall not make appointment two
months immediately prior to the next presidential elections and up
to the end of his term
 XPN: temporary appointments to executive positions when
continued vacancies will prejudice public service or endanger
public safety.
 This applies only to presidential appointees
 This does not apply to members of the SC and the judiciary
Appointing Power
 Power to appoint is a Presidential Prerogative, except in those
instances when the constitution provides otherwise.
 However, the grant of power to appoint to the heads of agencies,
commissions or boards is matter of legislative graces
Eligibility and Qualification Requirements
 Eligibility – state of being legally fit or qualified to be chosen
 Qualification – endowment or act which a person must do before
he can occupy a position
Power of congress to prescribe qualification
Depending on how it was created
1. By constitution
 When qualifications are prescribed by the consti they are
usually exclusive
 Hence the congress cannot pass a statute prescribing
additional requirement
2. By statute
 Absence of a constitutional prohibition, the congress has
the same right to provide disqualifications that it has to
provide qualifications for office
Restrictions on the Power of the Congress to Prescribe Qualifications
1. Cannot exceed its consti powers
2. Cannot impose conditions on eligibility inconsistent with consti
3. Qualification must be germane to the position, or must be relevant
to the office
4. Respect the constitutional requirements, since the same are
exclusive
5. Congress cannot prescribe qualifications so detailed as to
practically amount to making a legislative appointment
Examples of Prohibited Qualifications in Jurisprudence
1. A provision which limits the choices of the appointing authority to
only one eligible
2. Designating an unqualified person
3. Automatic transfer to a new office
4. Requiring inclusion in a list.
Time of possession of qualifications
 If law specifies – at the time specified
  If the law did not specify – at the time of the
commencement of the term
Qualifications are of a continuing nature
 Must exists throughout the holding of the public office
 Thus, the qualifications must exist at the commencement of term
and during occupancy of the office.
Presumption
 Doubts as to the eligibility of a candidate are presumed in favor of
one who has been elected or appointed to public office
Qualification Prescribed in the Consti (check Consti discussion)
Elements of Domicile
1. Actual habitual residence
2. Animus manendi (intent to permanently remain)
Oath of Office
 Only when the same has been satisfied by the PO will his right to
enter the position be considered plenary and complete
 Persons required to take oath
o All public officers and employees
o Pres, VP or Acting President
o All members of AFP
Political Qualification for Office
 GR: political qualifications are not required for public office
 XPN:
1. Membership in the HRET or SET, which requires
proportional representation
2. Partylist representation
3. CA, requires proportional representation
4. Vacancies in local Sanggunians, XPN Sangguniang
Barangay, which requires that the appointee come
from the same political party as that of the
sanggunian member who
caused the vacancy
Other Prohibited Qualifications
 Religious test or qualification shall not be required
 Property qualifications shall not be imposed
 Aliens are not eligible for public office
Effect of Pardon upon disqualification to hold public office
 GR: pardon will not restore the right to hold public office
 XPN: when Pardon terms expressly restores such
Disabilities and Inhibitions of PO
 Congress may prescribe for disqualification provided that the same
does not violate the Consti
 Constitutional Disqualifications and Disabilities
1. No candidate who lost in any election shall, within 1
year from such election, be appointed to any office in
the Government
2. No elective official shall be eligible for appointment
or designation in any capacity to any public office or
position during tenure
3. No appointive official shall hold any other office or
employment in the Govt or any subdivision
4. The Pres or VP, the members of the Cabinet and
deputies and assistant shall not, unless otherwise
provided, hold any other office of employment during
their tenure
5. Impeachment
6. No member of congress may hold any other office or
employment in the Govt (incompatible office and
prohibited offices)
 Prohibited offices – created nor the
emoluments thereof increased during the
term for which he was elected
7. Members of the SC and the other courts established
by law shall not be designated to any agency
performing QJF or adjudicatory function
8. No member of the ConCom shall during tenure, hold
any other office or employment
 Same disqualification applies to
Ombudsman and his deputies
 9. Members of ConCom must not be candidates for any
elective position in the elections immediately
preceding their appointment
10. Ombudsman and his deputies shall not be qualified to
run for any office in the cessation from office
11. The President’s spouse and relatives by
consanguinity or affinity within the fourth civil
degree shall not during his tenure be appointed as
Members of the Constitutional Commissions, Office
of the Ombudsman, Secretaries, Undersecretaries,
Chairmen or Heads of Bureaus or Officers
On holding multiple offices
XPN:
a. Unless otherwise provided
b. Ex officio positions
Requirement of a valid ex-officio holding
a. Provided by law
b. Required by the primary functions of their positions
c. Position is held without additional compensation
 The prohibition on holding multiple offices applies to all
appointments or designations
Nepotism
 GR: the Civil Service Law prohibits all appointments in the
national and local governments or any branch or instrumentality
thereof made in favor of the relative of:
1. Appointing authority
2. Recommending authority
3. Chief of the bureau of office; or
4. Person exercising immediate supervision over
the appointee
 Relative- one who is related within the third degree of either
consanguinity or of affinity
 XPN:
1. Persons employed in a confidential capacity
2. Teachers
3. Physicians
4. Members of the AFP
Disqualifications under the Local Government Code
1. 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;
2. Removed from office as a result of an administrative case;
3. Convicted by final judgment for violating the oath of allegiance to
the Republic;
4. Dual citizenship;
5. Fugitive from justice in criminal or nonpolitical cases here or
abroad;
6. Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the
same
Other Prohibitions
a. Prohibitions against engaging in partisan political activities for
Career Service Employees
b. Prohibition against acceptance of any present from any foreign
state
c. Prohibition against receiving additional double or indirect
compensation
 Pensions and gratuities shall not be considered as additional,
double or indirect compensation
d. Prohibition against grant of loan guaranty or other form of
financial accommodation
e. Prohibition of holding offices in private sector
 XPN: 1) private practice is authorized by the Constitution or by the
law and 2) the practice will not conflict, or tend to conflict, with
his or her official functions
f. Prohibition regarding practice of profession and engagement in
private business and professions
 For elective officials
o Governor and mayor (city and municipality)
prohibited from practicing their profession or
engage in any occupation
o Sanggunian members may practice their
profession except during session hours.
o However, Sanggunian who are member of the
bar shall not:
  Appear as counsel before any court in a
civil case AGAINST the LGU Election
 Appear as counsel in criminal case  The means by which people choose their officials for a definite
AGAINST a public official and fixed period and to whom they entrust for the time being the
 Collect any fee for appearance in exercise of the powers of the government
administrative proceedings involving  Components
his LGU 1. Choosing or selecting candidate to public office by
 Use property and personnel of the popular vote
government except when the 2. Holding of electoral campaign
sanggunian member is defending the 3. Conducting of the polls
interest of the government 4. Listing of votes
o Doctor member may practice profession even 5. Casting and receiving the ballots from the voters
during work hours only in occasion of 6. Counting the ballots
emergency, provided that officials concerned do 7. Making the election returns
not derive monetary compensation 8. Proclaiming the winning candidate
 Kinds
Powers and Duties of Public Officers o Regular election
o Special – held when there is a failure of election on the
The authority of Public Officers is derived from the people themselves. The scheduled date of regular election in a particular place or
people, directly or through representative, create offices and agencies as to fill a vacancy in office before the expiration of the term
they deem desirable for the administration of public function. for which the incumbent was elected.
 Basis – sovereignty reside in the people and all government  Election period – starts at 90 days before and ends 30 days after the
authority emanates from them election.
o XPN: COMELEC is not precluded from setting a period
Doctrine of Necessary Implication different from that provided thereunder
 Qualification for the exercise of suffrage
ELECTION LAW 1. Filipino citizen
2. At least 18 years of age
Suffrage – right and obligation of qualified citizens to vote in the election of 3. Resident of the Philippines at least 1 year
certain local and national officers and in the determination of questions 4. Resident of the place where he proposes to vote at
submitted to the people. least 6 months immediately preceding the election
 Not absolute, because it is subject to existing substantive and 5. Not otherwise disqualified by law
procedural requirements embodied in our Constitution.  Note: the qualifications are continuing requirements and Congress
may not add qualifications but can provide for procedural
Scope of Suffrage requirements
1. Plebiscite  Court treats domicile and residence as synonymous terms. Both
2. Initiative import not only an intention to reside in a fixed place but also
3. Referendum – power of electorate to approve or reject of personal presence in that place, coupled with conduct
legislation through an election called for the purpose indicative of such intention.
4. Recall
  Disqualification from the exercise of suffrage 1. Deactivation/reactivation
1. Sentenced by final judgement to suffer imprisonment 2. Exclusion/inclusion
for not less than 1 year, unless granted a plenary 3. Cancellation of registration in case of death
pardon or granted amnesty 4. Annulment of book of voters
2. Conviction by final judgement of any of the ff 5. New voters; and
a. Crime involving disloyalty to the government 6. Transfer of residence
b. Violation against national security o Grounds of deactivation
c. Firearms law 1. Sentenced to suffer imprisonment for not less
3. Insanity or incompetence as declared by competent than 1 year
authority 2. Caused/committed any crime involving
disloyalty to the duly constituted government.
Registration of Voters Eg. Rebellion
 Registration is the act of accomplishing and filing a sworn 3. Insane or incompetent
application for registration by a qualified voter before the election 4. Did not vote for 2 successive elections
officer of the city or municipality wherein he resides and including 5. Any person whose registration has been
the same in the book of registered voters upon approval by the excluded by court
Election registration Board. 6. Any person who has lost his Filipino citizenship
 It does not confer the right to vote; it is but a condition precedent
to the exercise of the right. Registration is a regulation, not a Inclusion and Exclusion Proceedings
qualification.
 Double Registrant – any person who, being a registered voter, Inclusion Proceedings – any person whose application for registration has
registers anew without filing an application for cancellation of his been disapproved by the Board or whose name has been stricken out from
previous registration. the list
o Double registrants are still qualified to vote provided that  May file with the court a petition to include his name in the
COMELEC has to make a determination on which permanent list of voter in his precinct at any time but not within
registration is valid, and which is void. 105 days prior to regular election or 75 days prior to a special
 RA 8189 specifically provides that an application for registration election
shall contain specimen signatures of the applicant.
 System of continuing registration Exclusion proceedings - Any registered voter, representative of a political
o GR: it is a system where the application of registration of party or the Election Officer, may file with the court a sworn petition for the
voters shall be conducted daily in the office hours of the exclusion of a voter from the permanent list of voters giving the name,
election officer during the regular office hours address and the precinct of the challenged voter
o XPN: No registration shall be conducted during the  Any time but not within 100 days prior to regular election or 65
period starting 120 days before a regular election and 90 days before special election
days before a special election.
Jurisdiction
 Book of votes - Classified as permanent whereby each precinct
1. MTC – original and exclusive;
shall have a permanent list of all registered voters residing within
the territorial jurisdiction of the precinct. 2. RTC – appellate jurisdiction; and
o Grounds of Alteration 3. SC – appellate jurisdiction over RTC on question of law.
  Res Judicata not applicable in this case – thus the decision in an
exclusion proceeding is not conclusive on the voter’s political
status
 Nature – summary
 Generally unappealable – except the right to remain in the list of
voters or for being excluded therefrom
c. whose conviction of a crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of
the firearms laws or any crime against national security or for
any other crime is on appeal.
Qualifications and Disqualification of Candidates

Local and Absentee Voting I. National Level (see Consti discussion)

II. Local level
Local Absentee voting - It refers to a system of voting whereby A. For District Representatives
government officials and employees, including members of the Armed 1. Natural-born citizen;
Forces of the Philippines (AFP), and the Philippine National Police (PNP), 2. Registered voter in the district in which he shall be
media practitioners including their technical and support staff who are duly elected;
registered voters, are allowed to vote for the national positions in places 3. Resident of the same district for a period not less
where they are not registered voters but where they are temporarily than one year immediately preceding the day of the
assigned to perform election duties on election day election;
Overseas Voting - The process by which qualified citizens of the 4. Able to read and write; and
Philippines abroad exercise their right to vote. 5. At least 25 years old on the day of the election.
 Coverage – they can vote for President, VP, Senators and Party-list (1987 Constitution, Art. VI, Sec. 6)
Representatives
B. For Governor, Vice Governor, Mayor, Vice-Mayor,
Punong Barangay and Sangguniang Members
Candidacy 1. Citizen of the Philippines;
Any person aspiring for or seeking an elective public office, who has filed a 2. Registered voter in the barangay, municipality,
COC by himself or through an accredited political party, aggroupment or city, or province or, in the case of a member of the
coalition of parties. Sangguniang Panlalawigan, Sangguniang
 shall be considered a candidate, for purposes of determining one’s Panlungsod, or Sangguniang Bayan, the district
possible violations of election laws, only during the campaign where he intends to be elected;
period. 3. Resident therein for at least one year immediately
preceding the day of the election;
Detainee Voting 4. Able to read and write Filipino or any other local
DV ( either through the special polling place inside jails or escorted voting) language or dialect. (R.A. 7160 Local Government
may be availed of by any registered detainee whose registration record is Code of the Philippines, Sec. 39)
not transferred/ deactivated/ cancelled/ deleted.  Congress may not add to qualifications for elective officials
provided in the Constitution
Detainee  And qualifications prescribed by law are continuing requirement
Any person: and must be possessed for the duration of the officer’s active
a. confined in jail, formally charged for any crime/s and tenure.
awaiting/undergoing trial
b. serving a sentence of imprisonment for less than 1 year
  Purpose of residency requirement – to prevent strangers or
newcomers unacquainted with the conditions and needs of the
community from seeking elective offices in that community
 Registered property is not a proof of residency, it is enough that he
should live in the locality even in a rented house or that of a friend
or relative.
 Take note: Naturalization in a foreign country may result in an
abandonment of domicile in the PH.
Grounds for disqualification
1. Declared as incompetent or insane by competent authority;
2. Convicted by final judgment for subversion, insurrection,
rebellion, or any offense for which he has been sentenced to a
penalty of 18 months imprisonment;
3. Convicted by final judgment for a crime involving moral
turpitude;
4. Election offenses under Sec. 261 of the OEC;
5. Committing acts of terrorism to enhance candidacy
6. Spending in his election campaign an amount in excess of that
allowed;
7. Soliciting, receiving, or making prohibited contributions;
8. Not possessing qualifications and possessing disqualifications
under the Local Government Code;
9. Sentenced by final judgment for an offense involving moral
turpitude or for an offense punishable by one year or more of
imprisonment within two years after serving sentence;
10. Removed from office as a result of an administrative case;
11. Convicted by final judgment for violating the oath of allegiance
to the Republic;
12. Dual citizenship (more specifically, dual allegiance)
13. Fugitives from justice in criminal or non-political cases here or
abroad;
14. Permanent residents in a foreign country or those who have
acquired the right to reside abroad and continue to avail of the
same right;
15. Insane or feeble-minded;
16. Nuisance candidate;
17. Violation of Sec. 73 OEC with regard to CoC; or
18. Violation of Sec. 78 on material misrepresentation in the COC.
 Failure to renounce foreign citizenship in accordance with the
exact tenor of RA 9225 renders a dual citizen ineligible to run for
and thus hold any elective public office.
 A person intending to run for office must not only possess the
required qualifications for the position for which he intends to run
but must also possess none of the grounds for disqualification
under the law.
Filing of COC
Effect – no person shall be eligible for any elective public office unless he
files a sworn certificate of candidacy within the period fixed herein
 The certificate of candidacy shall be filed by the candidate
personally or by his duly authorized representative at any day from
the commencement of the election period but not later than the day
before the beginning of the campaign period.
 In cases of postponement or failure of election, no additional
certificate of candidacy shall be accepted except in cases of
substitution of candidates.
 A COC may be amended before the elections, even AFTER the
date of its filing.
 The provisions of the election law on COC are MANDATORY in
terms.
Filing of COC on the tenure of incumbency
1. As to appointive official – He/she is considered ipso facto
RESIGNED from his office upon the filing of his CoC and such
resignation is irrevocable. (OEC, Sec. 66) (2002 Bar);
2. As to elective official – It has no effect. The candidate shall
continue to hold office, whether he is running for the same or a
different position. (Fair Elections Act, Sec. 14, expressly repealed
B.P. 881, Sec. 67)
 The same does not violate the equal protection clause since there is
a substantial distinction between the elective and appointive
officials.
 Appointive officials hold their office by virtue of their designation
thereto by an appointing authority while elective officials are
 elected to an office for a definite term and may be removed
therefrom only upon stringent conditions
Filing of 2 COC
 Disqualifies the person to run for both elective positions
o However, before he the expiration of the period for the
filing of COC, the person who has filed more than one
candidacy may declare under oath the office for which he
desires to be eligible and cancel the COC for the other
office or office/s
Substitution and Withdrawal of Candidates
Substitution – an official candidate of a duly registered political party or
coalition who dies, withdraws or is disqualified for any cause after the last
day for the filing of COCs may be substituted by a candidate belonging to,
and nominated by, the SAME political party or coalition.
 No substitution shall be allowed for any independent candidate
 The substitute for a candidate, who died or is disqualified by final
judgment, may file a COC up to mid-day of Election Day;
Provided that, the substitute and the substituted have the same
surnames
o In such case, the substitute candidate may file COC with
any Board of Election Inspectors, Elections Officers,
Provincial election Supervisor, or Regional Election
Director, as the case may be.
 If a person was not a candidate, he cannot be substituted under Sec.
77 of the OEC. Eg. When a person filing the COC violates the 3-
term limit as Mayor, there may not be a substitution in this case.
Requisites of a Valid Substitution
1. Substitute must belong to the same party or coalition
2. The deceased, disqualified or withdrawn candidate must have filed
a VALID COC (this is condition sine qua non)
No Candidate, No Substitution
 since there would be no candidate to speak of under a denial of due
course to and/or cancellation of a CoC case, then there would be no
candidate to be substituted.
Nuisance Candidate
Any registered candidate for the same office may file a petition to declare a
duly registered candidate as a nuisance candidate, personally or through
duly authorized representative with COMELEC.
 When? within five days from the last day of filing of CoC
 Grounds:
1. The candidacy was filed to put the election process in
mockery
2. Cause confusion among the voters by the similarity
of the names of the registered candidate; or
3. Clearly demonstrate that the candidate has no bona
fide intention to run for the office for which the COC
has been filed and thus prevent a faithful
determination of the true will of the electorate.
 Power of the COMELEC
o GR: the COMELEC may motu proprio or upon verified
petition of an interested party, refuse to give due course to
or cancel a COC upon showing of the above
circumstances
o XPN: Candidate must be given opportunity to be heard
 Effect of vote for nuisance candidate – not stray votes but will be
in favor of the bonafide candidate.
Duty of COMELEC to receive CoC
GR: The COMELEC shall have the ministerial duty to receive and
acknowledge receipt of the certificates of candidacy. Provided, that said
certificates are under oath and contain all the required data and in the form
prescribed by the Commission.
XPN: COMELEC may go beyond the COC in case of:
1. Nuisance Candidate
2. Petition to deny due course or to cancel COC
3. Filing of a disqualification case on any of the ground enumerated
in Sec. 68 OEC.
REMEDIES AND JURISDICTION IN ELECTION LAW
Petition not to give Due Course to or Cancel CoC
May be filed exclusively on the ground that material representation
contained therein as required is false.
 When? It may be filed not later than 25 days from the time of
filing of the certificate of candidacy, and shall be decided, after
due notice and hearing, not later than 15 days before the election.
 COMELEC may motu proprio or upon verified petition refuse to
give due course to or cancel a certificate of candidacy if it shows
that it was filed on the grounds provided for in the nuisance
candidate.
 A person whose COC is cancelled or denied due course is not
treated a candidate at all, as if never filed a CoC.
 Cannot be substituted, because he is never a candidate.
Petition for disqualification
Remedy against any candidate who does not possess all the qualifications
required by the Constitution or law, or who commits any act declared by
law to be grounds for disqualification.
 When? May be filed any day after the last day for filing of
certificate of candidacy, but not later than the date of proclamation
 Nature? Summary, but there should at least be hearing and
affording the candidate an opportunity to adduce evidence to
support his side
 A person who is disqualified is merely prohibited to continue as
candidate
 A disqualified can be substituted because he remains a candidate
until disqualified
 Grounds:
1. Insane or incompetent, or has been sentenced by final
judgement for:
a. Subversion,
b. Insurrection,
c. Rebellion or
d. For any offense for which he has been sentenced to a
penalty of more than 18 months or
e. For a crime involving moral turpitude
2. Any candidate declared by final decision guilty of or found by
COMELEC of having:
a. Given money or other material consideration to
influence, induce or corrupt the voters of public
officials performing electoral functions
b. Committed acts of terrorism to enhance his candidacy
c. Spent his election campaign an amount in excess of
the allowed
d. Solicited, received or made any contribution
prohibited by the OEC.
 Rules:
1. Complaint filed before elections – the commission shall
determine whether the acts complained of have been
committed
2. Complaint not resolved before elections – COMELEC may
motu proprio or on motion of the any parties refer the
complaint to the Law Department of the Commission
3. Complaint filed after election and proclamation of winner –
the complaint shall be dismissed.
 Note: the complaint shall be referred for PI to
the Law Department
4. Complaint filed after elections but before proclamation of
winner – the complaint shall be dismissed.
 Note: the complaint shall be referred for PI to
the Law Department. If the Law Department
makes prima facie finding of guilt and the
corresponding information has been filed with
the trial court, the complainant may file petition
for suspension of the proclamation of the
respondent.
5. Submission of recommendation to Commission en banc – the
Law Department shall terminate the PI within 30 days from
receipt of the referral and shall submit its study, report and
recommendation to the Commission en banc within 5 days
from the conclusion of the PI. If the prima facie finding of
guilt, it shall submit with such study of information for filing
with the appropriate court.
 Remedy if petition for disqualification is unsolved on election
day
o Petitioner may file a motion with the division or en banc
where the case is pending, to suspend the proclamation.
 o Provided, that the evidence for the grounds to disqualify
is strong.
o Even if such candidate is proclaimed winner, the
Commission shall continue to resolve said petition.
Failure of Election (FOE), Call of Special Election
 Grounds of FOE (may occur at anytime before proclamation)
1. The election in any polling place has not been held on the
fixed date on account of force majure, violence, terrorism,
fraud, or analogous case;
2. The election in any polling place has been suspended before
the hour is fixed by law for the closing of the voting on
account of force majure, violence, terrorism, fraud or
analogous cases;
3. After the voting and during the perpetration and transmission
of the election return or canvass thereof such election results
in failure to elect on account of force majure, violence, fraud,
or analogous cases
 There is Failure of elections when the will of the electorate has
been muted and cannot be ascertained
 Requisites of FOE
1. No voting has taken place in the precincts concerned on the
date fixed by law, or even if there was voting the election
nonetheless resulted in a failure to elect; and
2. The votes cast would affect the results of the election
 Power to declare FOE – COMELEC en banc has the original and
exclusive jurisdiction to declare FOE or for annulment of election
results.
 Procedure
1. Verified petition by any interested person
2. Due Notice
3. Hearing
 Effects:
1. Declaration of FOE
2. Holding of continuation of elections reasonably close to
election not held, but not later than 30 days from the cessation
of cause
Postponement of Elections
 Same grounds as FOE
 Grounds must exist before voting
 Procedure:
1. Verified petition by any interested person or motu proprio by
COMELEC en banc
2. Due notice
3. Hearing
 Effects:
1. Election is postponed
2. Conduct elections reasonably close to elections not held, but
not later than 30 days from cessation of cause
The Constitution no less grants the HRET with exclusive jurisdiction to
decide ALL election contests involving the members of the HR, which
necessarily includes those which raise the issue of ground of fraud,
terrorism or other irregularities committed before, during and after the
elections.
 Thus, the HRET, as the sole judge of all contests relating to the
election, returns and qualifications of members of the House of
Representatives, may annul election results if in its determination,
fraud, terrorism or other electoral irregularities existed to warrant
the annulment.
Pre-Proclamation Controversy
 Refers to any controversy pertaining to or affecting the
proceedings of the BoC.
 Who may raise? Any candidate or by any registered political
parties, or by any accredited and participating party list group,
before the Board directly with the COMELEC.
 Purpose – to ascertain winners in the elections on basis of election
returns duly authenticated by Board of Election inspectors (BEI)
and admitted by Board of Canvassers (BOC)
 Nature – summary in character which must be promptly decided.
o The BOC will not look into allegations of irregularity that
are not apparent on the face of the ERs that appear
otherwise authentic and duly accomplished
 Jurisdiction – COMELEC has exclusive jurisdiction over PPC. It
may order, motu proprio or upon written petition and after due
notice and hearing the partial or total suspension of the
 proclamation of any candidate elect or annul partially or totally any
proclamation, if one has been made, as evidence shall warrant.
 Nature and execution of judgement
o It shall be heard summarily by the COMELEC. Its shall
decision shall be executory after 5 days from receipt by
the losing party, unless otherwise ordered.
 When PPC is not allowed
1. For position of President, VP, Senator and Member of the HR
 XPN:
A. correction of manifest error
B. questions affecting the composition or
proceeding of the BOC
C. Determination of the authenticity and due
execution of certificates of canvass
2. No PPC are allowed in case of barangay elections
 Issues that may be raised (exclusive list)
1. Illegal composition or proceedings of the board or election
canvassers
2. Canvassed election returns are either:
a. Incomplete
b. Contain material defect
c. Appear to be tampered with or falsified or
d. Contain discrepancies in the same returns or in
authentic copies
3. The election returns were:
a. Prepared under duress, threats, coercion,
intimidation; or
b. Obviously manufacture or not authentic
4. Substituted or fraudulent returns in controverted polling places
were canvassed, the results of which materially affected the
standing of the aggrieved candidates; or
5. Manifest errors in the Certificate of canvass or Election
returns
 Issues that CANNOT be raised
1. Appreciation of ballot, as this is performed by the BEI at the
precinct level and not the proceedings before the BOC
2. Technical examinations of the signatures and thumb marks of
the voters
3. Prayer for reopening of ballot boxes.
4.That the padding of the list of voters may constitute fraud or
that the BEI may have fraudulently conspired in its
preparation; vote-buying and terrorism
5. Challenges directed against the BEI
6. Fraud, terrorism, and other illegal electoral practices. These
are properly within the office of election contests over which
electoral tribunals have sole, exclusive jurisdiction.
 Effects of filing of the PPC
1. The period to file an election contest shall be suspended
during the pendency of the PPC in the COMELEC or the SC.
2. The right of the prevailing party in the PPC to the execution of
COMELEC’s decision does not bar the losing party from
filing an election contest and;
3. Despite the pendency of a PPC, the COMELEC may order the
proclamation of the winning candidates whose election will
not be affected by the outcome of the controversy
 Termination of PPC
o GR: PPC are terminated at the beginning of term of the
officers
o XPN:
1. When based on evidence COMELEC determined
that petition is meritorious;
2. The SC in a petition for certiorari issues a
contrary order
3. The case is not a PPC
 COMELEC is precluded from exercising powers over PPC when
the electoral tribunal acquires jurisdiction (on 30th day of June next
following the election)
o XPN:
1. BOC was improperly constituted
2. Proclamation was null and void
3. Quo warranto is not the proper remedy
4. What was filed was a petition to annul a
proclamation, and not a quo warranto or election
protest; and
5. Election contest expressly made without prejudice to
PPC or it was made ad cautelam
 Petition to annul or suspend the proclamation
 o It is a remedy where there is a manifest error on the face
of the transmitted returns or variance of results from
the election returns and COC, and a winning candidate is
about to be, or has already been proclaimed on the basis
thereof.
o The COMELEC is required to hear the petition
immediately and the ballots may be ordered to be
manually recounted to verify the manifest errors of
alleged variance.
o Take Note: the filing of a petition to annul or suspend the
proclamation shall suspend the running of the period
within which to file an election protest or quo warranto
proceedings.
Election Protest
 Post-election disputes – disputes that arise or are instituted after
the proclamation of winning candidates and which issue pertain to
the casting and counting of votes (election protest) or to the
eligibility or disloyalty of the winning candidates (quo warranto)
 Purpose – is to expedite the settlement controversies between
candidates as to who received the majority of legal votes.
 Nature – special summary proceedings
 Where to file?
1. COMELEC – it is the sole judge of all contests relating to
elections, returns, and qualification of all elective regional
provincial and city official
 Decisions of COMELEC en banc are appealable
to the SC
2. PET – against the President or VP
3. SET – against a Senator
4. HRET – Against a representative
5. RTC – over contests for municipal officials which may be
appealed to COMELEC
6. MeTC or MTC – for barangay officials which may be
appealed to COMELEC
 Grounds
1. Fraud
2. Vote-Buying
3. Terrorism
4. Presence of Flying Voters
5. Misreading or misappropriation of ballots
6. Disenfranchisement of voters
7. Unqualified members of board of election inspector
8. Other election irregularities
 Note: pendency of election protest is not sufficient basis to enjoin
the protestee from assuming office.
 Content: allegations that
1. The protestant is a candidate who duly filed a COC and
was voted for in the election
2. The protestee has been proclaimed; and
3. The petition was filed within 10 days after the
proclamation
 If the protestant accepts a permanent appointment pending the
protest results to the abandonment of the electoral protest.
o Reason of dismissal? It would serve public interest as it
would dissipate the aura of uncertainty as to the results of
the election.
 Requisites for an execution pending appeal in election protest
1. It is upon motion of the prevailing party with notice to
the adverse party
2. There must be good reasons for the said execution
3. The order granting the said execution must state the good
reason.
 Best Evidence in an election contest
1. Ballots, where the correctness of the number of votes of each
candidate is involved
2. Election returns, when the issue is that the ballots are lost,
destroyed, tampered or fake.
Quo Warranto
 Refers to an election contest relation to the qualification of an
elective official on the ground of:
1. Ineligibility (w/n the respondent possesses all the
qualifications and none of the disqualifications)
2. Disloyalty to the Republic
 Jurisdiction
1. Against Congressman-elect, Senator-elect, Pres-elect and VP-
elect – Respective ET
2. Against regional and provincial or city officials – are brought
before the COMELEC
3. Against municipal officials– RTC
 4. Against barangay officials – MTC
 Who will file? Any voter who is a registered voter in the
constituency where the winning candidate sought to be disqualified
ran for office
 Effect of filing of EP or QW – bars the subsequent filing of PPC or
a petition to annul proclamation
LOCAL GOVERNMENTS
Essentially means decentralization. Either decentralization of administration
or decentralization of power.
Decentralization of Administration
 When the central government delegates administrative powers to
political subdivisions in order to broaden the base of government
power and in the process make local government “more responsive
and more accountable”.
Decentralization of Power
 Involves abdication of political power in favor of local government
units declared to be autonomous. This is termed as devolution.
Presidential Power of Supervision
 LGU as subject to regulation, however limited, and for no other
purpose than precisely to enhance self-government.
 The president’s power over LGU is now limited to supervision, not
control.
 It means “overseeing or the authority of an officer to see that the
subordinate officer performs their duties”
LGU Dual Personality
 LGU have a dual personality, political and corporate.
 Political – LGU exercise governmental powers
 Corporate – LGU exercise powers which are proprietary in nature
but which they can perform for the benefit of their constituencies.
Local Fiscal Autonomy
 Local government have the power to create their own sources of
revenue in addition to their equitable share in the national taxes
released by the national government.
 As well as the power to allocate their resources in accordance with
their own priorities.
 A basic feature of local fiscal autonomy is the constitutionally
mandated automatic release of the shares of local governments on
the national internal revenue.
Automatic release of LGU shares
 The shares of the LGUs in the central government taxes and in the
proceeds of natural resources within their territories shall be
AUTOMATICALLY and DIRECTLY released to them.
 Meaning these LGUs cannot be required to form to perform any
act to receive the “just share” accruing to them from the national
coffers.
Autonomous Regions and Their Relation to the National Government
 Autonomous Regions - Provinces, cities, municipalities, and
geographical areas sharing common and distinctive historical and
cultural heritage, economic and social structures, and other
relevant characteristics.
 Autonomous region is a form of local government.
 Constitution mandates the creation of the autonomous regions only
in Muslim Mindanao and Cordilleras.
o As of now, there is only one autonomous region created,
the ARMM. Several attempts have been made in the
Cordilleras to create an autonomous region but has
repeatedly failed
 Organic Law for the Bangsamoro Autonomous Region in Muslim
Mindanao
o RA 11054 abolished ARMM and placed in its stead the
Bangsamoro Autonomous Region of Muslim Mindanao
(BARMM).
o It also created the Bangsamoro Government which has
exclusive powers over some matters.
 President exercise general supervision over autonomous regions to
ensure that the laws are faithfully executed.
  Local police responsible for peace and order but national
government responsible for defense and security.
LGU Powers
1. Police Power
2. Eminent Domain
3. Taxation
4. Legislative Power
Police power (General Welfare Clause)
 Not inherent. LGU exercise this under the general welfare clause.
 General Welfare Clause - LGUs shall exercise powers that are
necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of
general welfare.
 2 branches of GWC
1. General Legislative Power
 Authorizes the municipal council to enact
ordinance and make regulation not repugnant to
law, as may be necessary to carry into effect and
discharge the powers and duties conferred upon
the municipal council by law
2. Police Power Proper
 Authorizes the municipality to enact ordinance as
may be necessary and proper for the: health and
safety, prosperity, morals, peace, good order,
comfort and convenience of the municipality and
its inhabitants and for the protection of their
property.
 Requisites/limitations for the proper exercise of the Police power
1. Equal Protection Clause
2. Due Process Clause – means employed are reasonably
necessary for the attainment of the object sought
3. Exercisable only within territorial limits of the LGU,
except for protection of water supply
4. Must not be contrary to the Constitution and laws.
 Tests when PP is invoked as a rationale for a valid passage of
ordinance
1. Rational relationship test
2. Strict scrutiny test -the focus is on the presence of
compelling, rather than substantial, governmental
interest and on the absence of less restrictive means for
achieving the interest.
 Ministerial duty of Local Chief Executive
o LGC imposes upon the city mayor, to “enforce all laws
and ordinances relative to the governance of the city”
o He has no other choice since it is his ministerial duty to
do so.
 Nuisance
o LGU has no power to declare a particular thing as a
nuisance unless such thin is a nuisance per se.
o Nor can they affect the extrajudicial abatement of a
nuisance per accidens, such should be resolved by the
courts in the ordinary course of law.
o Generally, LGUs have no power to declare a particular
thing as a nuisance unless such a thing is a nuisance per
se. but the same may be overcome by the exercise of
police power and the general welfare clause.
o Based on law and jurisprudence, the office of the mayor
has quasi-judicial powers to order the closing and
demolition of establishment
 Powers deemed implied in the power to grant permits and licenses
o Includes power, withdraw or restrict through the
imposition of certain conditions.
o Conditions must be reasonable and cannot amount to an
arbitrary interference with the business.
o Object of the permit requirement
 Is the proper supervision of the enumerated
businesses, trades, or occupation
 Certain professions may be affected by the exercise of police
power.
 It has been long settled that the State may not under the guise of PP
divest the owners of the beneficial use of their property solely to
preserve or enhance the aesthetic appearance of the community.
 One can search in vain for any law, order, or regulation, which
even hints at the right of the Mayor of the city of Manila or the
chief of police of that city to force citizens of the Philippine Islands
— and these women despite their being in a sense lepers of society
 are nevertheless not chattels but Philippine citizens protected by
the same constitutional guaranties as are other citizens — to change
their domicile from Manila to another locality. (Villavicencio v.
Lukban, G.R. No. L-14639, March 25, 1919)
 Municipal corporations cannot prohibit the operation of night
clubs. They may be regulated, but not prevented from carrying on
their business.
 While rights may be restricted, the restrictions must be minimal or
only to the extent necessary to achieve the purpose or to address
the State’s compelling interest.
 PAGCOR can set up casinos with or without the consent of the
host local government.
 Contempt powers
o LGU has not contempt powers
 REMEMBER, PP is the power to regulate, and the power to
regulate does not include the power to prohibit; A fortiori, the
power to regulate does not include the power to confiscate
 Police power does not involve the taking or confiscation of
property with the exception of few cases where there is a necessity
to confiscate private property in order to destroy it for the
purpose of protecting the peace and order and of promoting the
general welfare
Eminent Domain
 Not inherent power of the LGU
 It should be expressly authorized by the Legislature
 Requisites for valid exercise of ED
1. An ordinance (not mere resolution) is enacted by the local
legislative council, authorizing the local chief executive, in
behalf of the LGU, to exercise the power of ED or pursue
expropriation proceeding over a particular private property.
2. It must be for public use, purpose, or welfare or for the
benefit of the poor or landless.
3. There must be payment of JC
4. A valid and definite offer has been previously made to the
owner of the property sought to be expropriated.
 The Sc held that the “burden is on the LGU to prove its compliance
with the mandatory requirement of a valid and definite offer to the
owner of the property before its filing of its complaint for
expropriation.
 Due Process requirements in ED
o Offer must be in writing specifying:
1. Property sought to be acquired
2. The reason for the acquisition
3. The price offered
 If the owner accepts offer; a contract of sale will be executed
 If the owner accepts but at a higher price: LCE shall call a
conference for the purpose of reaching an agreement on the selling
price; if agreed, contract of sale will be drawn.
 Requisites for an authorized immediate entry
1. Filing of a complaint for expropriation which is
sufficient in form and substance
2. Deposit of the amount equivalent of 15% of the FMV of
the property to be expropriated based on its current tax
declaration.
 Upon compliance to the above, the issuance of writ of possession
becomes ministerial.
 Such deposit also has a dual purpose: as pre-payment if the
expropriation succeeds and as indemnity for damages if it is
dismissed
 Phase of expropriation proceedings
1. The determination of the authority of the plaintiff to
exercise the power of eminent domain and the power of
eminent domain and the propriety of its exercise in the
context of the facts involved in the suit.
2. Determination of the RTC of the just compensation for
the property sought to be taken. (With assistance of 3
commissioners)
 The LGUs continued occupation of the private property without
the benefit of expropriation proceedings entitled the landowner to
damages.
 Considering that the residents who need a feeder road are all
subdivision lot owners, it is the obligation of the subdivision owner
to acquire a right-of-way for them.
 REMEMBER, the LGC expressly requires an ORDINANCE not
resolution.
  ALSO REMEMBER, Before the City as the expropriating
authority filed such verified complaint, no expropriation
proceeding could be said to exist
 The refusal of the city engineer to issue a building permit to private
landowners constitutes taking when there is no law or ordinance
requiring private land owners to conform to the proposed widening
of the street approved by the Urban Commission
 Private property already devoted to public use can still be subject
of expropriation by Congress but not by LGUs.
Taxing Powers
 Nature – the power must be delegated by Congress and must be
exercised within the guidelines and limitations that Congress may
provide.
 ARMM has the legislative power to create sources of revenues
within its territorial jurisdiction and subject to the provisions of the
1987 Constitution and national laws.
 LGU cannot tax national government instrumentalities.
 REMEMBER, Local Fiscal Autonomy states that the release of
shares of the LGUs shall be made directly to the LGU and shall not
be subject to any lien or holdback that may be imposed by the
national government.
 Main sources of revenue of LGUS
1. Taxes, fees, and charges
2. Internal Revenue Allotment – the just shares in the national
taxes which shall be automatically released to them.
3. Equitable share in the proceeds of the utilization and
development of the national wealth within their areas.
 The current sharing is 40% for local and 60% national. The share
CANNOT be reduced except if there is unmanageable public
sector.
 Principles of taxing and revenue sharing powers of LGU
1. Uniform in each LGU
2. Equitable and based as far as practicable on the taxpayer’s
ability to pay
3. Collection shall not be let to any private person
4. Revenue shall inure solely to the benefit of, and be subject
to disposition of the LGU, unless specifically provided
therein.
5. Each LGU shall evolve a progressive system of taxation.
 Procedural requirement for a valid revenue ordinance
1. A prior public hearing on the measure to be conducted
according to the prescribed rules
2. Publication of tax ordinance, within 10 days after their
approval, for 3 consecutive days in a newspaper of
general circulation
 It is the SOJ who shall determine questions on the legality and
constitutionality of ordinance or revenue measures.
o Such appeal shall NOT have the effect of suspending the
effectivity of the ordinance and the accrual and payment
of the tax, fee or charge levied therein.
 Tax Protest - The formal statement, usually in writing, made by a
person who is called upon by public authority to pay a sum of
money, in which he declares that he does not concede the legality
or justice of the claim or his duty to pay it, or that he disputes the
amount demanded; the object being to save his right to recover or
reclaim the amount, which right would be lost by his acquiescence.
Thus, taxes may be paid under "protest"
 Requirements:
1. Taxpayer first pay the taxes
2. There shall be annotation on the tax receipts the words
“paid under protest”
3. The protest in writing must be filed within 30 days from
payment of the tax to the provincial, city treasurer or
municipal treasurer
Legislative Power
 In every power to pass ordinances given to a municipality, there is
an implied restriction that the ordinances shall be consistent with
the general law.
 A sanggunian is a collegial body. Legislation, which is the
principal function of the sanggunian, requires the participation of
all its members so that they may not only represent the interests of
their respective constituents but also help in the making of
decisions, by voting upon every question put upon the body.
(Zamora v. Caballero, G.R. No. 147767, January 14, 2004)
 A petition for certiorari filed against a Sangguniang Panlungsod
assailing the legality of an ordinance will not lie since the
 Sanggunian is not a tribunal, board or officer exercising judicial or
quasi-judicial functions.
 The SP has no power of subpoena and to hold persons in contempt
 Local legislative bodies and their presiding officers
o Province – Sangguiniang Panlalawigan, Vice Gov
o City – Sangguniang Panglungsod, Vice Mayor
o Municipality – Sangguniang Bayan, Vice Mayor
o Barangay – Sangguniang Barangay – Punong Barangay
 NB: the presiding officer shall vote only to break a tie.
 An incumbent VG, acting as Governor is actually quasi-governor.
For purposes of exercising his legislative prerogatives and powers,
he is deemed a non-member of the SP for the time being.
 Quorum in Sanggunian – more than half of any total
Requisites for a Valid Ordinance
1. Must not contravene the constitution and any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit, but may regulate trade
5. Must not be unreasonable
6. Must be general in application and Consistent with public policy.
(Magtajas v. Pryce Properties Corporation, Inc., July 20, 1994)
 NOTE: The mere fact that there is already a general statute
covering an act or omission is insufficient to negate the legislative
intent to empower the municipality to enact ordinances with
reference to the same act or omission under the ‘general welfare
clause’ of the Municipal Charter (United States v. Pascual Pacis,
G.R. No. 10363, September 29, 1915).
 Ordinance vs Resolution
o R is merely a declaration of sentiment or opinion of a
lawmaking body on a specific matter
o GR: Three readings not necessary for R unlike for O.
o XPN: unless decided otherwise by a majority of all the
sanggunian members .
 Three readings allowed in one day
 LCE may veto the ordinance ONLY ONCE
o Ground: ordinance is ultra vires
o Veto must be communicated to the sanggunian within:
 15 days for a province
 10 days for a city or municipality
 Items that the LCE can veto
1. Item/s of an appropriation ordinance
2. Ordinance/Resolution adopting local development plan
and public investment program
3. Ordinance directing the payment of money and creating
liability
 The ordinance enacted by the SB shall, upon approval by a
majority of all its members be signed by the punong barangay. The
latter has NO VETO POWER
 Approval of Ordinances
o By affixing the signature of the LCE on each and every
pages thereof if he approves
o By overriding the veto of the LCE by 2/3 vote of all
members of the Sanggunian if the LCE vetoes the same.
 Effectivity of ordinance or resolution
o GR: After 10 days from the date a copy is posted in a
bulletin board at the entrance of the capitol or city,
municipal or barangay hall in at least 2 conspicous places
o XPN: unless otherwise stated
 Ordinances requiring publication for its effectivity
1. Ordinance that carry with them penal sanctions
2. Ordinances and resolution passed by HUC and
Independent Component Cities
 Review of ordinance or resolutions
1. Component Cities and Municipal Ordinance or
Resolutions
 Reviewed by Sangguniang Panlalawigan
 Copies of Ordinance must be forwarded to SP
within 3 days from approval
 Period to examine: 30 days after receipt.
Transmit the same to provincial attorney or
provincial prosec for recommendation to be
submitted within 10 days.
 Declared valid if NO ACTION has been taken
within 30 days after submission.
  Declared invalid if is beyond the power
conferred on Sangguniang panglunsod or
pangbayan
2. Barangay Ordinances
 Reviewed by Sangguniang panglungsod or
Pangbayan
 Copies of the ordinance be forwarded within 10
days after enactment
 Period of review is 30 days after receipt
 Declared valid if no action has been taken within
30 days after submission
 Declared invalid if inconsistent with the law or
municipal ordinance.
o Effect: barangay ordinance is suspended
until such time as the revision called is
effected.
Local Initiative and Referendum
 Limitation on local initiative
1. It shall not be exercise for more than once a year
2. It shall extent only to subject or matters which are within
the legal powers of the sanggunian to enact
3. If at any time before the initiative is held, the sanggunian
concerned adopts in toto the proposition presented and the
local chief executive approves the same, the initiative shall
be canceled. However, those against such action may, if
they so desire, apply for initiative in the manner herein
provided
 Any proposition or ordinance approved through an initiative and
referendum shall not be repealed, modified or amended by the
sanggunian within 6 months from the date of approval thereof.
 It may be amended, modified or repealed within 3 years thereafter
by a vote of ¾ of all its members (LGC, Sec. 125)
 NOTE: In case of barangays, the period shall be 18 months after
the approval thereof
Ultra Vires Acts
 Contracts are those which:
a. Are entered into beyond the express, implied or inherent
power of the LGU, and
b. Do not comply with the substantive requirement of the
law
 Such are null and void and cannot be ratified or validated
 Instance when a defective municipal contract may be ratified
o Only when there is a non-compliance with the
requirements of authority if the officer entering into the
contract and/or conformity with the formal requisites of a
written contract as prescribed by law.
o Eg. Those entered into by the improper department,
board, officer of agent
 Contracts entered into by a LCE may be subject to constructive
ratification
 Doctrine of estoppel does not apply against a municipal
corporation to validate an invalid contract.
o A reason frequently assigned for this rule is that to apply
the doctrine of estoppel against a municipality in such a
case would be to enable it to do indirectly what it cannot
do directly.
 LCE may, upon authority of the sanggunian, negotiate and secure
financial grants or donations in kind, in support of the basic
services or facilities from local and foreign assistance agencies
without necessity of securing clearance or approval from any
department, agency, or office of the national government or from
any higher LGU
o Provided, that projects financed by such grants or
assistance with national security implications shall be
approved by the national agency concerned.
 Clearly, when the local chief executive enters into contracts, the
law speaks of prior authorization or authority from the
Sangguniang Panlungsod and not ratification
 As aptly pointed out by the Ombudsman, ratification by the City
Council is not a condition sine qua non for a mayor to enter into
contracts.
 In the award of government contracts, the law requires competitive
public bidding.
 Failure if Bidding:
1. There is only one offeror, or
 2. When all the others are non-complying or unacceptable.
Liability
 Every LGU, as a corporation, shall have the power to sue and be
sued. Because of the statutory waiver LGUs are not immune from
suit.
 Again, suability is not equivalent to liability.
 Governmental functions – no recovery can be had from the
municipality unless there is an existing statute on the matter
 Proprietary function – the muncorp can be held liable to third
persons ex contractu or ex delicto.
 Note: Test of liability is the nature of task being performed.
 Liabilities of LGU
1. LGUs and their officials are not exempt from liability
arising from death or injury to persons or damage to
property (LGC, Sec. 24).
2. LGUs shall be liable for damages for the death of, or
injuries suffered by, any person by reason of the
defective condition of roads, streets, bridges, public
buildings, and other public works under their control or
supervision. (New Civil Code, Art. 2189)
NOTE: LGU is liable even if the road does not belong to it as long as it
exercises control or supervision over the said roads.
3. The State is responsible in like manner when it acts
through a special agent; but not when the damage has
been caused by the official to whom the task done properly
pertains. In which case, Art. 2180 shall be applicable.
[New Civil Code, Article 2180 (6)]
4. When a member of a city or municipal police force refuses
or fails to render aid or protection to any person in case of
danger to life or property, such peace officer shall be
primarily liable for damages and the city or
municipality shall be subsidiarily
 Sources of Municipal liability
1. Arising from violation of law
2. Liability for contracts
3. Liability for tort
 Doctrine of Implied Municipal Liability
o A municipality may become obligated, upon an implied
contract, to pay the reasonable value of the benefits
accepted or appropriated by it as to which it has the
general power to contract.
o The doctrine of implied municipal liability has been said
to apply to all cases where money or other property of a
party is received under such circumstances that the
general law, independent of express contract, implies an
obligation upon the municipality to do justice with respect
to the same.
 The municipality cannot be held liable for tort committed by its
regular employee, who was then engaged in the discharge of the
governmental functions.
 A Town Fiesta was an exercise of a private or proprietary function
of the municipality.
Settlement of Boundary Disputes
 Generally, the rule is to settle boundary disputes between and
among LGUs amicably
 Specifically, boundary disputes involving the LGUs are referred
for settlement to the sanggunians concerned.
 Procedure:
a. Filing of petition
b. Contents of petition
c. Documents attached to petition
d. Answer of adverse party – within 15 days
e. Hearing – within 5 working days after receipt of
the answer of the adverse party.
f. Joint hearing – When two or more sanggunians
jointly hear a case, they may sit en banc or
designate their respective representatives. Where
representatives are designated, there shall be an
equal number of representatives from each
sanggunian.
g. Failure to settle – the sanggunian shall issue a
certification to the effect
h. Decision – within 60 days from the date the
certification was issued, the dispute shall be
 formally tried and decided by the sanggunian
concerned.
i. Appeal - Within the time and manner prescribed
by the Rules of Court, any party may elevate the
decision of the sanggunian concerned to the
proper Regional Trial Court having jurisdiction
over the dispute. The Regional Trial Court shall
decide the case within one (1) year from the filing
thereof.
Vacancy
 There is a vacancy when there is no person lawfully authorized to
assume and exercise at present the duties of the office.
 Filling of vacancy
1. Automatic succession
2. By appointment
Rules of automatic succession in case of permanent vacancies (1995,
1996, 2002 Bar)
A. In case of permanent vacancy in:
1. Office of the Governor
a. Vice-Governor; in his absence,
b. Highest ranking Sanggunian member; in case of the
permanent disability of highest ranking Sanggunian
member,
c. Second highest ranking Sanggunian member
2. Office of the Mayor
a. Vice-Mayor; in his absence,
b. Highest ranking Sanggunian member;
c. Second Highest ranking Sanggunian
3. Office of the Vice Governor or Vice-Mayor
a. Highest ranking Sanggunian member; in case of the
permanent disability of highest ranking Sanggunian
member,
NOTE: The highest-ranking municipal councilor’s succession to the office
of vice-mayor cannot be considered a voluntary renunciation of his office as
councilor, since it occurred by operation of law. (Montebon v. COMELEC,
G.R. No. 180444, April 8, 2008)
4. Second highest ranking Sanggunian member. Office of the
Punong Barangay
a. Highest ranking Sanggunian member; in case of the
permanent disability of highest ranking Sanggunian
member,
b. Second highest ranking Sanggunian member
B. In case automatic succession is not applicable and there is vacancy in the
membership of the sanggunian, it shall be filled up by appointment in the
following manner:
1. The President, through the Executive Secretary, shall
appoint the political nominee of the local chief executive
for the sangguniang panlalawigan and panlungsod of
highly urbanized cities and independent component cities
[LGC, Sec. 45 (a)(1)]
2. The Governor shall appoint the political nominees for the
sangguniang panlungsod of component cities and the
sangguniang bayan concerned [LGC, Sec. 45 (a)(2)]
3. The city or municipal mayor shall appoint the
recommendation of the sangguniang barangay concerned
[LGC, Sec. 45 (a)(3)]
 GR: The successor (by appointment) should come from the same
political party as the sanggunian member whose position become
vacant.
 XPN: in the case of vacancy in the SB.
 Under Sec 44 of the LGC, a permanent vacancy arises when an
elective official fills a higher vacant office, refuses to assume
office, fails to qualify, dies, is removed from office, voluntarily
resigns, or is otherwise permanently incapacitated to discharge
the functions of his office.
 The appointee shall come from the political party as that of the
Sanggunian member who caused the vacancy
 In case of failure of election involving barangay officials, the
incumbent shall remain in a hold-over capacity.
 Rules on temporary vacancies
o Vice Mayor or Gov can exercise automatically the powers
and perform the duties and functions of the LCE.
o GR: Acting G or M CANNOT exercise the power to
appoint, suspend or dismiss employees
 o XPN: of the period of temporary incapacity exceeds 30
working days.
o If traveling outside his jurisdiction of not exceeding 3
days, LCE can designate in writing the officer-in-charge
of their respective officers
o If no designation, the vice, or in his absence, the highest
ranking member is authorized to assume office on the 4 th
day of absence.
Rules on consecutiveness of terms and/or involuntary interruption
1. When a permanent vacancy occurs in an elective position and the
official merely assumed the position pursuant to the rules on
succession under the LGC, then his service for the unexpired
portion of the term of the replaced official cannot be treated as one
full term as contemplated under the subject constitutional and
statutory provision that service cannot be counted in the
application of any term limit
2. An elective official, who has served for three consecutive terms
and who did not seek the elective position for what could be his
fourth term, but later won in a recall election, had an interruption
in the continuity of the official’s service.
3. The abolition of an elective local office due to the conversion of a
municipality to a city does not, by itself, work to interrupt the
incumbent official’s continuity of service.
4. Preventive suspension is not a term-interrupting event
5. When a candidate is proclaimed as winner for an elective position
and assumes office, his term is interrupted when he loses in an
election protest and is ousted from office, since interruption for any
length of time, provided the cause is involuntary, is sufficient to
break the continuity of service.
6. When an official is defeated in an election protest and said decision
becomes final after said official had served the full term for said
office, then his loss in the election contest does not constitute an
interruption since he has managed to serve the term from start to
finish.
Recall
 Mode of removal of a public officer, by the people, before the end
of his term. The people’s prerogative to remove a public officer is
an incident of their sovereign power.
 All expenses incident to recall elections shall be borne by the
COMELEC. For this purpose, the annual General Appropriations
Act (GAA) shall include a contingency fund at the disposal of the
COMELEC for the conduct of recall elections
o Considering that there is an existing line item
appropriation for the conduct of recall elections in the
2014 GAA, we see no reason why the COMELEC is
unable to perform its constitutional mandate to “enforce
and administer all laws and regulations relative to the
conduct of xxx recall.
 Ground: loss of confidence
 Recalled public officer cannot refuse to run in the recall elections.
He is automatically a duly registered candidate
 He is also not allowed to resign.
 Limitation:
1. Any elective local official may be the subject of a recall
election only once during his term of office for loss of
confidence; and
2. No recall shall take place within 1 year from the date of
the official’s assumption to office or one year
immediately preceding a regular-election (of the local
elective sought to be recalled)
 The one-year time bar will not apply where the local official
sought to be recalled is a mayor and the approaching election is a
barangay election.