Administrative Law, The Law on Public Officers, and Election Law

Subject Outline/Syllabus

Submitted by: Reno Dave N. Alkonga, JD - 2B

Administrative Law

Definition, Explanation, Distinction

I. In General

In its widest sense, the entire system of laws under which the
machinery of the State works and by which the State performs
all government acts.

1. Distinguished from International Law, Constitutional Law, and

Criminal Law

Administrative law sets rules which guide the officers of the

administration in their actions as agents of the government.

International law cannot be regarded as binding upon the

officers of any government except if it has been adopted into
the administrative law of the State.

Criminal laws consist of a body of penal sanctions which are

also applied to administrative law.

Public Administration involves practical management and the

direction of the various organs of the State and the execution of
state policies by the executive and administrative officers
entrusted with such functions.

The subject matter of administrative law is public administration.

 2. Administration as a separate power

3. Administration as an organization distinguished from

government

4. Powers and Functions of Administrative Agencies

II. Investigatory Powers

Generally

Scope of investigatory or inquisitorial powers:

Power of an administrative body to inspect the records and

premises

Investigate the activities of persons or entities coming under its

jurisdiction

Secure or require the disclosure of information by means of

accounts, records, reports, statements, testimony of witnesses,
production of documents, or otherwise.

They are conferred on practically all administrative agencies.

As sole powers granted - Some administrative agencies act merely

as investigatory or advisory bodies.

They exist solely to secure and provide information, and in some

cases to make recommendations.

As aid to other powers - agencies use such investigative powers to

inform themselves of particular situations to determine whether
they should take further action, in the execution of particular
powers or duties, such as determination or adjudication of a
particular matter.

Power of investigation consists of gathering, organizing and

analyzing evidence.

Investigation is indispensable to prosecution.

 3. As distinguished from judicial functions.

The Supreme Court rules on the functions of an investigatory body

with the sole power of investigation. (Ruperto v. Torres, GRN. L-
2450, May 31, 1949)

It does not exercise judicial functions and its power is limited to

investigating the facts and making findings in respect thereto.

III. Rule-Making Powers

a. Rules, regulations, and orders or rulings distinguished

What is endowed is the rule-making power to implement the law

it is intended to enforce. It necessarily includes the power to
amend, revise, alter, or repeal its rules and regulations.

b. Contingent rules and regulations

c. Procedural Rules

d. Ordinance Power of the President

e. Requisites for validity of administrative rules and regulations

f. Grant of rule-making powers

g. Determination of Validity of Rules

Edu v. Ericta, 35 SCRA 481 - The statute is not contrary to the

principle of non-delegation of legislative power since an
executive or administrative office may promulgate supplemental
rules and regulations.

Echegaray v. Secretary of Justice, 247 SCRA 754 - There is no

undue delegation of legislative powers in RA 8177 as authority
has been delegated to cope directly with the myriad of problems
demanding government attention.

Rubi v. Provincial Board of Mindoro, 39 Phil. 660 - The Section

2145 of the Administrative Code is not an unlawful delegation of
 legislative power since discretion may be committed by the
legislature to an executive department or official.

People v. Rosenthal and Osmena, 68 Phil 328 - The Blue Sky

law furnishes a sufficient standard in order to reach a decision
regarding the issuance or cancellation of the certificate or
permit because everything has complied with the provisions of
Act No. 2581.

Cervantes v. Auditor General, 91 Phil 359 - E.O. No. 93 is not

null and void since it is to meet the exigencies attendant upon
the establishment of the free and independent Government.

Mutual Film Co. v. Industrial Commission of Ohio, 236 US 230 -

The law granting the Board of Censors to examine and censor
motion picture films to be publicly exhibited and displayed in the
State of Ohio is a proper delegation of legislative powers since
the power to ascertain facts may be delegated.

IV. Separation of Administrative and Other Powers

1. Doctrine of separation of powers

Governmental powers are divided among the three departments of

the government.

Prohibits the delegation of powers is based on the maxim of potestas

delegata non potest delegari.

2. Doctrine of non-delegation of powers; not absolute

A particular administrative agency has legislative and judicial, or

legislative, executive, and judicial powers of functions, sometimes
softened by a “quasi” or stated to be in the nature of legislative and
judicial, and sometimes stated to be in addition to administrative
powers.

3. Non-delegation of legislative power

Eastern Shipping Lines, Inc. v. POEA, 166 SCRA 533, 1988 - The
circular is valid since the principle of non-delegation of legislative
power is not violated. The provisions in the overseas employment
contract is written as a postulate of the police power of the state.

4. Sufficiency of Standards

V. Administrative Proceedings

1. Character of proceedings and jurisdiction

2. Rules on adjudication under the Administrative Code

3. Controversies among government offices and corporations

4. Necessity of Notice and Hearing

5. Sufficiency of notice

6. Waiver of right to notice

7. Denial of due process may be cured

8. Where administrative body is a collegiate body

9. Power of administrative agencies to modify their decisions

10. Application of doctrine of res judicata

11. Administrative appeal and review

12. Action by administrative appellate tribunal

13. Enforcement of administrative determinations

Suntay v. People, 101 Phil 833, 1957 - The cancellation of the

petitioner’s passport without notice and hearing did not
constitute a denial of his right to due process since the hearing
is not always necessary or required and the Secretary of
Foreign Affairs exercises absolute discretion based on the
circumstances.
 Bisschop v. Calang, 8 SCRA 244 - The grant of extension of
aliens are purely discretionary on the part of the immigration
authorities.

Yao Cit v. Ceraldez, 106 Phil. 545, 1959 - Commissioner of

Immigration is given the option by law to subject erring aliens to
administrative fine or endorse his criminal prosecution.

VI. Judicial Review of, or Relief Against Administrative Actions

1. Concept of Judicial Review

2. Right to Judicial Review

3. Rules on Governing Appeals from Judgements of

Quasi-Judicial Agencies

4. Administrative findings and constructions generally conclusive

5. Finality of administrative action for purposes of review

6. Exceptions to doctrine of finality

7. Timing of application to courts

8. Doctrine of primary jurisdiction

9. Application of the doctrine

10. Doctrine of exhaustion of administrative remedies

11. Application of the doctrine

12. Exceptions to the Doctrine

13. Doctrine of Ripeness for Judicial Review; Application;

Ripeness and Exhaustion Doctrine distinguished

14. Substantial Evidence Rule

15. Test to be applied; when rule not applicable

 Gordon v. Veridiano II, 167 SCRA 51, 1988 - The Food and
Drug Administration is vested by law with all drug inspection
functions and is therefore authorized to order the closure,
suspension, or revocation of the license of any drug
establishment which after administrative investigation, is found
guilty of selling or dispensing drugs.

Macailing v. Andrada, 31 SCRA 126, 1970 - Petitioner has lost

their right to appeal to the Office of the President since a review
of facts cannot be done through an ordinary civil action if
constitutional or legislative authority is wanting.

Philippine Air Lines, Inc. v. Civil Aeronautics Board, 20 SCRA

727, 1967 - Certiorari is available as a remedy against
administrative agencies when all other administrative remedies
have been exhausted.

Edwards v. McCoy, 222 Phil. 598, 1912 - The right to adduce

evidence is conspicuously futile if the person or persons to
whom the evidence is presented can thrust it aside without
consideration.

Part II - The Law on Public Officers

I. Definitions, Distinctions, and Classifications

1. Definition of Public Office, its purpose and nature

2. Public office distinguished from public contract and public

employment

3. Creation and Abolition of Public Office

4. Tenure and duration

5. Meaning and distinction between officer, public officer, and

employee and its classifications

II. Eligibility and Qualifications

1. Definitions of eligibility/ eligible/ineligibility/ineligible

 2. Qualifications and Disqualifications

a. Definition

b. Power of Congress to prescribe qualifications and

disqualifications

c. Time of possession of disqualifications

d. Removal of disqualifications during term

e. Qualifications required of public officers

f. Religious qualifications prohibited

g. Power of Congress to impose property qualifications

h. Constitutional qualifications for certain officers

i. Qualifications prescribed by law for certain officers

j. Disqualification to hold public office

Ignacio v. Banate, Jr., 153 SCRA 526, 1987 - B cannot be

appointed since he lacks the qualifications and eligibility
required by law in order for him to be appointed to the
Sangguniang Panlungsod.

Vargas v. Rilloraza, 80 Phil. 297, 1948 - Section 14 of the

People’s Court Act is unconsitutional since no act of
legislature repugnant to the Constitution can become a law.

III. Acquisition of Right or Title to Office

1. Appointment

a. Definition of appointment

b. Where appointing power resides

c. Appointing power; generally executive function

 d. Appointing power; discretionary

e. Restrictions on appointing power

f. When deemed complete

2. Form of Acceptance

3. Obligation of elected/appointed individual to accept office

4. Necessity of written appointment

5. Revocation of appointment

6. Appointment by the President

a. Ad interim appointments

b. Temporary or acting appointments

c. Designations

7. Appointments in the Civil Service

a. Classification of positions in the Civil Service

b. Classes of Positions in the Career Service

c. Determination of Merit and Fitness by Competitive

Examinations

d. Exemption from rule of non-competitive positions

8. Vacancy

9. Qualifying to Office

a. Effect of Failure to Qualify

b. Oath of office for public officers and employees

 c. Officers authorized to administer oath

10. De Facto Officers

a. De facto doctrine

b. De facto officer and de jure officer defined

c. Requirements to become officer de jure

d. Officer de jure and officer de facto distinguished

e. Elements of de facto officers

Concepion v. Paredes, 42 Phil. 599, 1921 - Act No. 2941

is unconstitutional since appointment to an office is
intrinsically an executive act involving the exercise of
discretion and the exchange of districts between auxiliary
and CFI judges is invalid and should be prohibited.

Reyes v. Abeleda, 22 SCRA 825, 1968 - A was the next

person in rank since they held office in a permanent
tenure unlike R who was only in office in an acting
capacity.

Cuyegkeng v. Cruz, 108 Phil. 1147 ,1960 - The

appointment of PC was valid since although Section 13 is
mandatory, it is not a qualification under Section 14 of the
law.

Venecia v. Peralta, 8 SCRA 692, 1963 - Petitioner’s case

has no merit since their appointment is temporary in
character and therefore cannot ripen into a permanent
appointment even if it was subsequently confirmed by the
Commission on Appointments.

Rosales v. Yenko, 15 SCRA 766, 1965 - The ad interim

appointment was incomplete as the allegations were not
sufficient and thus there was no ad interim appointment
that could be validly transmitted or acted upon by the
Commission on Appointments.
Rafael v. EACIB, 21 SCRA 336, 1967 - Section 2 of the
Act does not deprive the President of his power to make
appointments as the arrangement in the said law is in no
way incompatible or violative of the established doctrine.

Lo Cham v. Ocampo, 77 Phil. 635, 1946 - L has the power

to sign informations since the powers and functions of
Assistant Fiscal may be entrusted; a lawyer invested with
the same authority as an Attorney General or Solicitor
General is presumed to be entrusted with any of the
duties devolving on a prosecuting attorney, due to the
higher standard of training and experience required.

Radio Communications of the Philippines v. Santiago, 58

SCRA 493, 1974 - There is nothing in Section 21 of the
Act which empowers the PSC to impose a fine as a public
official must locate in the statute relied upon a grant of
power before he can exercise it.

Lamb v. Phipps, 22 Phil. 456, 1922 - Mandamus cannot

compel the issuance of a clearance as it is the discretion
of the Insular Auditor to allow or disallow claims against
the government.

Aprueba v. Ganzon, 18 SCRA 8, 1966 - The Mayor may

validly refuse to allow the opening of the cafeteria in
question since it is under their discretion to grant the
continuance of the privilege.

Miguel v. Zulueta, 16 SCRA 860, 1966 - The governor

and district engineer may be compelled by mandamus
since the respondents are bound to observe and enforce
the law.

Torres v. Ribo, 81 Phil. 44, 1948 - The assistant engineer

and chief clerk were not lawful members of the Board of
Canvassers as they acted without appointment,
commission or color of title of office.

Morfe v. Mutuc, 22 SCRA 424, 1968 - The law was not

found to be violative of the Constitution as there was an
absence of evidence to rebut the presumption of validity.
IV. Powers, Duties, and Norms of Conduct of Public Officers

1. Source and authority of public office

2. Authority of public officer not presumed

3. Authority of public officer and private agents distinguished

4. Ascertainment of public officer’s authority

5. Territorial limitation of authority of public officers

6. Duration of authority

7. Remedy to compel exercise of duty

8. Signing on any written action or decision

Garnishment - a species of attachment for reaching credits belonging

to the judgement debtor owing to him from a stranger to a litigation.

Monroy v. Court of Appeals, 20 SCRA 621, 1973 - The rightful

incumbent of a public office may recover from a de facto officer the
salary received even if the latter entered into the office in good faith
since possession of the title of office is decisive.

People v. Jalosjos, 324 SCRA 689, 2000 - The immunity from arrest
or detention of members of Congress arises from a Constitutional
provision and may not be extended by implication.

Meram v. Edralin, 154 SCRA 238, 1987 - Appointments under the

Civil Service Law should be based on merit and fitness and should
never depend on how intimate a friend or how closely related an
appointee is to the powers that be.

Santiago v. Commission on Audit, 199 SCRA 125, 1991 - Double

appointments are not prohibited as long as the positions involved are
not incompatible except that the officer or employee appointed cannot
receive additional or double compensation unless specifically
authorized by law.
V. Rights and Privileges of Public Officers

1. Rights incident to public office

In general, measured by the Constitution or the law under which he

was elected or appointed.

2. Rights as a citizen

3. Right to Compensation

a. Power of Congress to fix compensation

b. Compensation, not an element of Public Office

c. Forms of Compensation, Basis, and Recovery

d. Salary not subject to garnishment

e. Agreements affecting compensation

VI. Disabilities and Inhibitions of Public Officers

1. Disabilities of President, Vice-President, Members of Cabinet,

and their Deputies and Assistants

2. Disabilities of Members of Congress

3. Disqualifications to hold any other office or employment

4. Prohibition against financial interest

5. Disabilities of members of Constitutional Commissions

6. Prohibition against designation of members of Judiciary to

Administrative Positions

7. Prohibition against engaging in partisan political activities

8. Prohibition against appointment of elective officials

 9. Prohibition against holding more than one position by
appointive officials

VII. Liabilities of Public Officers

1. Doctrine of official immunity from liabilities from public officers

2. Official immunity and State Immunity distinguished; not

absolute

3. Three-fold responsibility

If the individual is damaged by a violation of duty or for wrongful

act or omission, the official shall be held liable civilly to
reimburse the injured party.

If the law has attached a penal sanction, the officer may be

punished criminally.

If the administration’s disciplinary power is strong, such

violation may lead to imposition of fine, reprimand, suspension,
or removal from office, as the case may be.

4. Administrative liability incurred in a previous term by an elective

official

5. Civil Liability

a. Requisites for recovery of damages arising from acts of

public officers

Cabal v. Kapunan Jr., 6 SCRA 1059, 1962 - The

procedure before the committee is penal in nature and
even if the relief proceedings for forfeitures are generally
considered to be civil and in the nature of proceedings in
rem, in some aspects, however, suits for penalties and
forfeitures are of quasi-criminal nature and within the
reason of criminal proceedings

Rivera v. Municipality of Malolos, 102 SCRA Phil. 285,

1957 - An appropriation of municipal funds to meet the
obligation validly passed by the municipal council and
 approved by the municipal mayor is required before a
contract may be entered into validly by a municipality.

Rivera v. Maclang, 7 SCRA 58, 1963 - The dismissal was

erroneous by reason of non-compliance with the
requirement of Section 607 of the Revised Administrative
Code.

Almeda v. Perez, 5 SCRA 970 - The proceeding under RA

No. 1379 is civil in nature since it readily discloses that
the proceeding for forfeiture is civil in nature and not
criminal.

b. Effect of ContributoryNegligence of Injured Party

6. Liabilities

a. Liability of the President for official acts

b. Liability of other executive

c. Liability of member of judiciary for official acts

d. Liability of ministerial officers

e. Liability of superior officer for acts of subordinates

f. Liability of subordinates

g. Liability under the Civil Code

h. Liability for unexplained wealth

Republic Act No. 1379 - Forfeiture of Unexplained

Wealthy Act

i. Liability of accountable officers to the government

7. Criminal Liability and crimes peculiar to public officers

VIII. Termination of Official Relations

1. Modes of Termination of Official Relations

2. Natural Causes

a. By expiration of term of office

Nueno v. Angeles, 76 Phil. 16, 1946 - N cannot hold over

office as member of the Municipal Board after the
expiration since there was no express or implied
constitutional or statutory provision to the contrary.

b. Removal and expiration of term distinguished

c. Term and tenure distinguished

d. Commencement of terms of office

e. By reaching of age limit

f. By death or permanent disability

3. Acts or Neglect of Officer

a. By resignation

Officer may retire at any time he chooses.

Resignation is the formal renunciation or relinquishment

of a public office.

b. Form of resignation

c. What constitutes resignation

d. Necessity of acceptance of resignation

e. Form of acceptance

f. Withdrawal of resignation
 g. Repudiation of resignation

4. Acts of the Government or the People

a. Removal - meaning, what constitutes, and legislative

regulation

b. Exercise of the power of removal

c. Extent of President’s Power removal

Macadangdang v. Sandiganbayan, 170 SCRA 308, 1989 - The

finding of the Sandiganbayan of conspiracy was not conclusive since
the participation of the accused was limited to certifying availability of
funds allocating them.

Arias v. Sandiganbayan, 180 SCRA 309, 1989 - The Sandiganbayan

committed a reversible error in convicting the petitioner due to the
necessity of proof to establish overpricing for purposes of a criminal
conviction.

Canonizado v. Aguirre, 351 SCRA 359, 2001 - Abandonment requires

the voluntary relinquishment of an office by the holder, a willful desire
or intention to abandon his official duties in order for his action to be
considered an abandonment of his claim for reinstatement to the
NAPOLCOM.

Palma, Sr., v. Fortich, 47 SCRA 397, 1987 - Even if a public elective

official has committed misconduct, such misconduct shall be as such
that affects his performance of his duties as an officer and not only as
affects his character as a private individual.

Sarigumba v. Pasok, 155 SCRA 646, 1987 - The enforcement of writ

was irregular since as an officer of the Court, the respondent ought to
have known the limits of the writ and should have cleared with the
Executive Judge of the place where the writ was to be implemented.

Ochate v. Deling, 105 Phil. 385, 1959 - The acts charged to petitioner
affect only his character as a private individual and not as a public
officer since the acts committed by the petitioner cannot be said to be
related to the performance of his official duties and he does not have
to be a Mayor to commit the offenses charged.
Jocson v. Torres, 290 SCRA 279, 1998 - The suspension of petitioner
from office was a valid ground under Sec. 60, Chapter 4, Title II, Book
I of the Local Government Code which enumerated the grounds for
which an official may be disciplined, suspended or removed from
office.

Manalang v. Quitoriano, 94 Phil. 903, 1954 - There was no removal of

the officer in this case since petitioner has never been the
Commissioner of the National Employment Service and could not
have been removed therefrom.

Briones v. Osmena, Jr., G.R. No. L-12536, 1958 - The decision

appealed from must be sustained on different grounds since
petitioners enjoy the security of Civil Service tenure as provided by
the Constitution and thus, their removal was without just cause and in
violation of the Constitution.

Part III - Election Law

1. Suffrage, its meaning, nature and scope

The right as well as obligation of qualified citizens to vote in the

election of certain national and local officers of the government
and in the decision of public questions submitted to the people.

Scope (R-I-P-E-R) - Referendum, Initiative, Plebiscite, Election,

Recall

Referendum - submission of a law passed by the national or

local legislative body to the registered voters at an election
called for the purpose for their ratification or rejection.

Initiative - Process whereby the registered voters directly

propose, enact, or amend laws, national or local, through an
election called for the purpose.

Congress is mandated by the Constitution to provide as early

as possible for a system of initiative and referendum which
have been described as the people-power features of our
Constitution.
 Plebiscite - Vote of the people expressing their choice for or
against a proposed law or enactment submitted to them.

Election at which any proposed amendment to, or revision of,

the Constitution is submitted to the people for their ratification.

Election - Means by which the people choose, through the use

of a ballot, their officials for definite and fixed period and to
whom they entrust.

2. Constitutional Provisions and the power of Congress to regulate

Congress has unlimited power to enact laws relative to the right

of suffrage including the power to define the qualifications of
voters, to regulate elections, to prescribe the form of official
ballot, to provide for the manner in which candidates shall be
chosen and the names that shall be printed upon the ballot.

3. Substantive requirements for the exercise of the right of

Suffrage

a. Deactivation and Reactivation of Registration

b. Cancellation of registration

4. The Commission on Elections

Composition - 7-member collegiate body (One Chairman, six

Commissioners)

5. Requirements before Election

6. Certificates of Candidacy

7. Campaign and Election Propaganda

8. Electoral Contributions and Expenditures

9. Political Parties
 An organized group of persons pursuing the same ideology,
political ideas or platforms of government and includes its
branches and divisions.

To acquire juridical personality, a political party must first be

duly registered with the Commision on Elections.

10. Casting of Votes, Counting, Canvass and Proclamation

11. Automated Election System

12. Contested Election

a. Exclusive jurisdiction of the Commission on Elections

b. Summary hearing of pre-proclamation controversies

Claudio v. COMELEC, 331 SCRA 388, 2000 - Recall as used in the

law refers to the election itself, a process which begins with the
convening of the preparatory recall assembly or the gathering of the
signatures of at least 25% of the registered votes of an LGU.

Akbayan Youth v. COMELEC, G.R. No. 147066, 2001 - The

petitioners’ request to hold a special registration of votes was
rightfully denied as it cannot and should not be denigrated to the
lowly statute of a mere statutory requirement and the regulation
thereof is a valid exercise of police power.

Romualdez-Marcos v. COMELEC, G.R. No. 119976, 1995 - Petitioner

was considered to be a resident for election purposes as residency in
this case is synonymous with domicile.

13. Election Offenses

a. Criminal and electoral aspects of an election offense

b. Prohibited acts and election offenses under the Omnibus

Election Code
c. Vote-buying and vote-selling
d. Grant of Transactional Immunity

e. Conspiracy to bribe votes

f. Coercion of subordinates

g. Threats, intimidation, terrorism, use of fraudulent device

or other forms of coercion

h. Use of undue influence

i. Unlawful electioneering

It is unlawful to solicit votes or undertake any propaganda

on the day of registration before the board of election
inspectors and on the day of election, for or against any
candidate or any political party within the polling place
and within a radius of 30 meters thereof.

j. Prohibition against dismissal of employees, laborers, or

tenants.

k. Appointments or use of special policemen, special

agents, confidential agents or the like

l. Illegal release of prisoners before and after election

Any municipal, city, provincial warden, keeper of the jail or

the person or persons required by law to keep prisoners
in their custody shall keep prisoners in their custody who
illegally orders or allows any prisoner detained in the
national penitentiary, or the provincial, city or municipal jail
to leave the premises 60 days before and 30 days after
the election.

Detention prisoners must be categorized as such.

m. Use of public funds, money deposited in trust, etc.

n. Carrying of deadly weapons within prohibited area

 May be committed even though a person possesses
permits to carry outside his residence, unless authorized
in writing by the Commission on Elections.

Shall not apply to cashiers and disbursing officers while in

the performance of their duties or to persons who by
nature of their official duties, profession, business, or
occupation habitually carry large sums of money or
valuables.

o. Wearing of uniforms and bearing arms

p. Acting as bodyguard or security guard

q. Organization or maintenance of reaction forces, strike

forces, or other similar forces.

r. Construction of Public Works

During the period of 45 days preceding a regular election

and 30 days before a special election, it is committed by
any person who:

1. Undertakes the construction of any public works,

except for projects or works exempted;

2. Issues, uses or avails of treasury warrants or any

device, undertaking future delivery of money, goods or
other things of value chargeable against public funds.

s. Other election offenses

t. Persons criminally liable

The principals, accomplices, and accessories, as defined

in the Revised Penal Code.

If one responsible is a political party or an entity, its

president or head, the officials and employees of the
same, performing duties connected with the offense
committed and its members who may be principals,
 accomplices or accessories shall be liable, in addition to
the liability of such party or entity.

u. Investigation and Prosecution

v. Prescription

w. Jurisdiction of Courts

x. Preferential Disposition of election offenses

Bagatsing v. COMELEC, 320 SCRA 817, 1999 - A complaint for

disqualification filed after the election against a candidate a) who was
not yet been proclaimed as winner, or b) who has already been
proclaimed a winner shall be dismissed as a disqualification case but
shall be referred to the Law Department of the COMELEC for
preliminary investigation. The mere pendency of a disqualification
case against a candidate does not justify the suspension of his
proclamation after winning in the election.

National Press Club v. COMELEC, 207 SCRA 1, 1992 - Section 11

(b) should be sustained since the COMELEC has been expressly
authorized by the Constitution to supervise or regulate the enjoyment
or utilization

Osmena v. COMELEC, 288 SCRA 447, 1998 - Any restriction in the

enforcement of the law is only incidental, and it is no more than is
necessary to achieve its purpose of promoting equality of opportunity
in the use of mass media for political advertising. The restriction on
speech is limited as to time as scope.