General Principles

Political Law: branch of public law

deals with organization and operations
of governmental organs of the State
and defines the relations of the State
with the inhabitants of its territory

Scope/Division of Political Law

❁ Constitutional Law: study of
maintenance of proper balance
between authority
as represented by three inherent powers of the State
and liberty
as guaranteed by the Bill of Rights
❁ Administrative Law: branch of public law
which fixes the organization of government
determines the competence of the administrative authorities
^ who execute the law
and indicates to the individual remedies
^ for the violation of his rights
❁ Law on Municipal Corporations
❁ Law of Public Officers
❁ Election Laws

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 The Philippine Constitution
Constitution: body of rules and maxims
in accordance with which
the powers of sovereignty
are habitually exercised

Constitution of the Philippines: written instrument

enacted by direct action of the people
by which the fundamental powers of the govt
^ are established, limited, and defined
and by which those powers
^ are distributed among the several depts
^ for their safe and useful exercise
for the benefit of the body politic
Purpose
❁ prescribe the permanent framework of a system of govt
❁ assist to the several departments their respective powers and duties
❁ establish certain first principles on which the govt is founded

Classification
❁ written: precepts are embodied in one document or set of documents
❁ unwritten: consists of rules which have not been integrated into a single, concrete form
but are scattered in various sources (statutes of a fundamental character, judicial
decisions, commentaries of publicists, customs and traditions, and certain common
law principles)
❁ conventional: enacted, formally struck off at a definite time and place following a conscious
or deliberate effort taken by a constituent body or ruler
❁ cumulative: result of political evolution, not inaugurated at any specific time but changing by
accretion rather than by any systematic method
❁ rigid: can be amended only by a formal and usually difficult process
❁ flexible: can be changed by ordinary legislation

Qualities of good written Constitution

❁ broad: not just because it provides for the organization of the entire government and covers
all persons and things within the territory of the State but because it must be
comprehensive enough to provide for every contingency
❁ brief: must confine itself to basic principles to be implemented with legislative details more
adjustable to change and easier to amend
❁ definite: to prevent ambiguity in tis provisions which could result in confusion and divisiveness
among the people

Essential parts of a good written Constitution

❁ Cons of Liberty: series of prescriptions
setting forth the fundamental civil and political
rights
^ of the citizens
and imposing limitations
^ on the powers of govt
as a means of securing the enjoyment of those
rights
❁ Const of Govt: series of provisions
outlining the organization of the govt
enumerating its powers
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❁ Const of Sovereignty:
laying down certain rules
^ relative to its administrations
and defining the electorate
provisions
pointing out the modes of procedure
in accordance with which
formal changes in the fundamental law
may be brought about

Interpretation of the Constitution

❁ verba legis:
❁ ratio legis et anima:
❁ ut magis valeat quam pereat
whenever possible, words used in the Const must be given their
ordinary meaning except where technical terms are employed
words of Const should be interpreted in accordance with the
intent of the framers
the Const has to be interpreted as a whole

♡ In case of doubt, provisions be considered self-executory; mandatory rather than directory; and
prospective rather than retroactive.

Self-executing provisions: complete in itself

becomes operative without the aid of
supplementary or enabling legislation
supplies a sufficient rule
^ by means of which the right it grants may be
enjoyed or protected

♡ A constitutional provision is self-executing if the nature and extent of the right conferred and the
liability imposed are fixed by the Constitution itself, so that they can be determined by an examination
and construction of its terms, and there is no language indicating that the subject is referred to the
legislature for action.

Doctrine of Const Supremacy: Const is the fundamental law of the land, it is deemed written in
every stature and every contract

revision: broadly implies a change that alters a basic principle in the Const;
change alters the substantial entirety of the Const;
affects several provisions of the Const
amendment: refers to a change that adds, reduces, deletes, without altering basic
principle involved;
affects only the specific provision being changed

Two-part test
❁ quantitative test: whether the proposed change is so extensive in its provisions as to change
directly the “substantive entirety” of the Const by the deletion or alteration
of numerous provisions
❁ qualitative test: inquires into the degree of the proposed change in the Const;
main inquiry is whether the change will “accomplish such far-reaching
changes in the nature of our basic governmental plan as to amount to a
revision”

Steps in the amendatory process

❁ proposal: adoption of suggested change in the Const
✧ Congress, 3/4 vote of all its members
✧ Constitutional Convention, may be called by 2/3 vote of all members of Congress

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 ✧ People, through the power of initiative (12% of total number of registered
voters, of which every legislative district must be represented by at least 3% of
registered voters therein)
^ no amendment in this manner shall be authorized within 5 years following the
ratification of this Const, nor more often than once every 5 years thereafter
❁ ratification: majority of the votes cast in plebiscite not earlier than 60 nor later than 90 days
after the approval of the proposal by Congress of the Constitutional Convention;
or after the certification by the COMELEC of the sufficiency of the petition for
initiative

Theories on the position of the Constitutional Convention vis-à-vis regular departments

❁ Theory of Conventional Sovereignty
❁ Convention is inferior to the other departments
❁ Independent of and co-equal to the other departments

initiative: power of the people

to propose amendments to the Const
and enact legislation
through an election called for the purpose
indirect exercise of initiative by the people
initiative: through a proposition
sent to Congress or the local legislative body
for action

Systems of initiative
❁ initiative on the Const:
❁ initiative on statutes:
❁ initiative on local legislation:
petition proposing amendments to the Const
petition proposing to enact a national
legislation
petition proposing to enact a regional,
provincial, city, municipal or barangay law,
resolution or ordinance

Essential elements of initiative

❁ people must author and sign the entire proposal; no agent or representative can sign in their
behalf
❁ as an initiative upon a petition, the proposal must be embodied in the petition

♡ People’s initiative only applies to an amendment.

Doctrine of proper submission: Because the Const itself prescribes the time frame within which
the plebiscite is to be held, there will no longer arise the question
of whether the time given to the people to determine the merits
and demerits of the proposed amendment is adequate.

♡ The question of amendments is now subject to judicial review, because invariably, the issue will
boil down to whether or not the constitutional provisions on amendment had been followed.

judicial review: power of the courts to test the validity of executive and legislative acts of their
conformity with the Const

♡ Family courts have authority and jurisdiction to consider the constitutionality of a statute.
♡ The Const vests the power of judicial review not only in the SC but also in RTC

political questions: questions which, under the Const,

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 are to be decided
by the people
in their sovereign capacity
or in regard to which
full discretionary authority
has been delegated to
the legislative or executive branch of the govt

♡ Political questions are, ordinarily, outside the pale of judicial review.

♡ The scope of political question doctrine is limited by the vesting in the Judiciary the power “to
determine whether or not 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 Govt”

Functions of judicial review

❁ checking
❁ legitimating
❁ symbolic

Requisites of judicial review:

❁ actual case or controversy
❁ constitutional question must be raised by the proper party
❁ constitutional question must be raised at the earlies possible opportunity
❁ decision on the constitutional question must be determinative of the case itself

♡ A moot and academic case is one that ceases to present a justiciable controversy by virtue of
supervening events so that a declaration thereon would be of no practical use or value, or that no
useful purpose can be served in passing upon the merits.

Exception to the rule that issues raised must not be moot and academic
❁ there is a grave violation of the Const
❁ there is an exceptional character of the situation and paramount public interest is involved
❁ the 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

♡ A real party in interest is the party who stands to be benefited or injured by the judgment in
the suit, or the party entitled to the avails of the suit
direct injury test: a person
^ who impugns the validity
of a statute
must have a personal and substantial interest in the case
such that
he has sustained or will sustain direct injury as a result

Summary, liberal attitude of SC

❁ case involves constitutional issues
❁ for taxpayers, there must be a claim of illegal disbursement of public funds or that the tax
measure is unconstitutional
❁ for votes, there must be showing of obvious interest in the validity of the election law in question
❁ for concerned citizens, there must be a showing that the issues raised are of transcendental
importance which must be settled early

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❁ for legislators, there must be a claim that the official action complained of encroaches on their
prerogatives as legislators

♡ A party’s standing in court is a procedural technicality, which may be set aside by the Court in
view of the importance of the issues involved.

facial challenge: a party can question the validity of a statute only if, as
applied to him, it is unconstitutional
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 whose activities are constitutionally protected
❁ The overbreadth doctrine is an analytical tool developed for testing on their face statutes in free
speech cases, not for testing the validity of a law that reflects legitimate state interest in maintaining
comprehensive control over the harmful, constitutionally unprotected conduct.
❁ Facial invalidation of laws is considered as manifestly strong medicine, to be used sparingly and
only as a last resort, thus, is generally disfavored.

♡ Invalidation of the statute “on its face” rather than “as applied,” is permitted in the interest of
preventing a “chilling effect” on freedom of expression.
*chilling effect: inhibition/discouragement of the legitimate exercise of natural and legal rights by
the threat of legal sanction

♡ While the Court has withheld the application of facial challenges to strictly penal statutes, it has
expanded its scope to cover statues not only regulating free speech, but also those involving religious
freedom and other fundamental rights.

void-for-vagueness: a law is facially invalid if men of common intelligence must necessarily

guess at its meaning and differ as to its application

♡ Earliest opportunity to raise a constitutional issue is to raise it in the pleadings before a competent
court that can resolve the same, such that, if not raised in the pleadings, it cannot be considered at
the trial and, if not considered in the trial, it cannot be considered in appeal.
♡ In criminal cases, the question can be raised at any time at the discretion of the court
♡ In civil cases, question can be raised at any stage of the proceedings if necessary for the
determination of the case itself
♡ In every case, it can be raised at any stage if it involves the jurisdiction of the court, except
when there is estoppel

Effects of declaration of unconstitutionality

❁ Orthodox view: an unconstitutional act is not a law
it confers no rights
it imposes no duties
it affords no protection
it creates no office
it is inoperative, as if it had not been passed at all
❁ Modern view: courts simply refuse to recognize the law and determine
the rights of the parties as if the statute had no
existence

♡ Nullification of an unconstitutional law or act carries with it illegality of its effects.

operative fact doctrine: in cases where the nullification of its effects will result in inequity and
injustice, the effects of the unconstitutional act will have to be
recognized
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Partial unconstitutionality
❁ Legislature must be willing to retain the valid portion(s), usually shown by the presence of a
separability clause in the law
❁ Valid portion can stand independently as law

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 The Philippines as a State
state: community of persons
more or less numerous
permanently occupying a definite portion of territory
^ independent of external control
and possessing a govt
to which a great body of inhabitants
render habitual obedience

♡ State is a juristic concept; nation is an ethnic or racial concept

♡ Govt is merely an instrumentality of the State through which the will of the State is implemented
and realized

Elements of a State
❁ people
❁ territory
❁ government
❁ sovereignty

People should be
❁ adequate number for self-sufficiency and defense
❁ both sexes for plurality

National Territory: “The national territory comprises

the Philippine archipelago
with all the islands and waters embraced therein
and all other territories”
^ over which the Philippines has sovereignty or
jurisdiction
consisting of its terrestrial, fluvial and aerial domains
including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas
territorial sea: portion of the open sea adjacent to the shores of a State over which that State
exercises jurisdiction
Archipelago Doctrine: “the waters around, between, and connecting
the islands of the archipelago
regardless of their breadth and dimensions
form part of the internal waters of the Philippines”
straight baseline method: imaginary straight lines are drawn joining the outermost islands of the
archipelago enclosing an area the ratio of which should not be more
than 9:1; provided that the drawing of baselines shall not depart to any
appreciable extent from the general configuration of the archipelago
international law of the sea: “body of treaty rules and customary norms governing the uses of
the sea, the exploitation of its resources, and the exercise of
jurisdiction over maritime regimes”

Rights of the coastal State (UNCLOS gives to the coastal State sovereign rights in varying degrees
over the different zones of the sea)
❁ internal waters
❁ territorial sea
❁ contiguous zone
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❁ exclusive economic zone
❁ high seas

♡ Archipelagic State enjoys sovereign rights over all waters enclosed by the baselines, described as
archipelagic waters, regardless of their depth and distance from the coast.

right of innocent passage: in order to preserve international navigation, especially through waters
that were formerly high seas, all States enjoy the right of innocent
passage through archipelagic waters

♡ UNCLOS provides for contiguous zone of 12 miles and an Exclusive Economic Zone of 200 miles.

RA 9522: statutory tool to demarcate the country’s maritime zone and continental shelf under
UNCLOS III

government: agency or instrumentality

through which
the will of the State
is formulated, expressed, and realized
govt of the Philippines “the corporate governmental entity
through which
the functions of govt are exercised
throughout the Philippines
including, save as the contrary appears from the context
the various arms
^ through which political authority is made effective in the Philippines
whether pertaining to the autonomous regions, the provincial, city,
municipal or barangay subdivisions or other forms of local govt”

Functions of the govt

❁ constituent: mandatory for the govt to perform because they constitute the very bonds of
society, such as the maintenance of peace and order, regulation of property and
property rights, the administration of justice;
involves exercise of sovereignty, thus compulsory
❁ ministrant: functions intended to promote the welfare, progress and prosperity of the
people, and which are merely optional for govt to perform;
merely optional

doctrine of Parens Patriae: literally, parent of the people

govt may act as guardian of the rights of people who may be
disadvantaged or are suffering from some disability or misfortune

Classification of govts
❁ de jure
❁ de facto ✧ that which takes possession or control of, or usurps, by force or by the
voice of the majority, the rightful legal govt and maintains itself against the
will of the latter
✧ that which is established by the inhabitants of a territory who rise in
insurrection against the parent state
✧ that which is established by the invading forces of an enemy who occupy
a territory in the course of war
❁ presidential there is separation of executive and legislative powers
❁ parliamentary there is fusion of both executive and legislative powers in Parliament, although
the actual exercise of the executive powers is vested in a Prime Minister who
is chose by, and accountable to, Parliament
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 ❁ unitary single, centralized govt, exercising powers over both the internal and external
affairs of the State
❁ federal autonomous state (local) govt units merged into a single State, with the national
govt exercising a limited degree of power over the domestic affairs but
generally full discretion of the external affairs of the State

sovereignty: supreme and uncontrollable power

inherent in a State
by which that State is governed

Kinds
❁ legal power to issue final commands
❁ political sum total of all influences which lie behind the law
❁ internal supreme power over everything within its territory
❁ external freedom from external control

Characteristics
❁ permanence
❁ exclusiveness
❁ comprehensiveness
❁ absoluteness
❁ indivisibility
❁ inalienability
❁ imprescriptibility

♡ Effect of change in sovereignty: political laws are abrogated; municipal laws remain in force
♡ Effect of belligerent occupation: no change in sovereignty

dominium: capacity to own or acquire property, including lands held by the State in its proprietary
capacity
imperium: authority possessed by the State embraced in the concept of sovereignty

❁ territorial jurisdiction:
❁ personal jurisdiction:
❁ extraterritorial jurisdiction:
power of the State over persons and things within its territory
power of the State over its nationals, which may be exercised by
the State even if the individual is outside the territory of the State
power exercised by the State beyond its territory in the following
cases
✧ assertion of its personal jurisdiction over its nationals abroad; or
the exercise of its rights to punish certain offenses committed
outside its territory against its national interests even if the
offenders are non-resident aliens
✧ by virtue of its relations with other states or territories, as when
it established a colonial protectorate, or a condominium, or
administers a trust territory, or occupies enemy territory in the
course of war
✧ when the local state waives its jurisdiction over persons and
things within its territory, as when a foreign army stationed therein
remains under the jurisdiction of the sending state
✧ by the principle of extraterritoriality, as illustrated by the
immunities of the head of state in a foreign country

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 ✧ through enjoyment of easements or servitudes, such as the
easement of innocent passage or arrival under stress
✧ the exercise of jurisdiction by the state in the high seas over
its vessels; over pirates; in the exercise of the right to visit and
search; under the doctrine of hot pursuit
✧ the exercise of limited jurisdiction over the contiguous zone and
the patrimonial sea, to prevent infringement of its customs, fiscal,
immigration or sanitary regulations

Exempt from territorial jurisdiction

❁ foreign states, heads of state, diplomatic representatives, and consuls to a certain degree
❁ foreign state property, including embassies, consulates, and public vessels engaged in non-commercial
activities
❁ acts of state
❁ foreign merchant vessels exercising the rights of innocent passage or involuntary entry
❁ foreign armies passing through or stationed in its territory with its permission
❁ such other persons or property, including organizations like the UN, over which it may, by agreement,
waive jurisdiction

♡ The State cannot be sued without its consent; there can be no legal right against the authority
which makes the law on which the right depends

par in parem non habet imperium: immunity is enjoyed by other States

consonant with this public international law
principle
the Head of State is inviolable

♡ The State’s diplomatic agents, including consuls to a certain extent, are exempt from the jurisdiction
of local courts and administrative tribunals
♡ A foreign agent can be cloaked with immunity from suit but only as long as it can be established
that he is acting within the directives of the sending State (not individual capacity: 1-when he is
sought to be made liable for whatever damage he may have caused by his act done with malice or
in bad faith or 2-beyond the scope of his authority or jurisdiction)
♡ Test: 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 judgment?

Suits against govt agencies

❁ incorporated: if its charter provides that the agency can sue and be sued, then suit will
lie regardless of whether they are engaged in governmental functions
❁ unincorporated: has to inquire into the principal functions of the agency
✧ governmental: no suit without consent
✧ proprietary: suit will lie; when State engages in principally proprietary
functions, it descends to level of a private individual

When public officer may be sued without prior consent of the State
❁ to compel him to do an act required by law
❁ to restrain him from enforcing an act claimed to be unconstitutional
❁ to compel the payment of damages from an already appropriated assurance fund or to refund tax
over-payments from a fund already available for the purpose
❁ to secure a judgment that the officer impleaded may satisfy by himself without the State having
to do a positive act to assist him
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❁ where the government itself has violated its own laws, because the doctrine of state immunity
“cannot be used to perpetrate an injustice”

♡ Unauthorized acts of govt officials are not acts of State; public officer may be sued and held
personally liable in damages for such acts
♡ Officer can be held personally accountable, even if such acts are claimed to have been performed
in connection with official duties: 1-where a public officer has committed an ultra vires act, 2-where
there is a showing of bad faith, malice or gross negligence
♡ Public officer who exceeds the power conferred on him by law cannot hide behind the plea of
sovereign immunity and must bear the liability personally
♡ In order that suit may lie against the State, there must be consent, either express or implied

❁ express consent: can be given only by an act of the legislative body

✧ general law
✧ special law: must be embodied in a statute and cannot be given by a
mere counsel
❁ implied consent: ✧ when the State commences litigation: it becomes vulnerable to a
counterclaim
✧ when the State enters into a business contract (jure gestionis vs jure
imperii)

♡ When the State enters into a contract

through its officers or agents
in furtherance of a legitimate aim and purpose
and pursuant to constitutional legislative authority
whereby mutual or reciprocal benefits accrue
and rights and obligations arise therefrom
the State may be sued
even without its express consent,
precisely because by entering into a contract
the sovereign descends
to the level of the citizen.

♡ Consent to be sued does not include consent to the execution of judgment against it
♡ Such execution will require another waiver, because the power of the court ends when the judgment
is rendered, since govt funds and properties may not be seized under writs of execution or
garnishment, unless such disbursement is covered by the corresponding appropriation as required by
law
♡ Funds belonging to govt corporations (can sue and can be sued) that are deposited with a bank
are not exempt from garnishment.
♡ Before execution may proceed against it, a claim for payment of the judgment award must first
be filed with the COA
♡ Remedy: mandamus to compel the enactment and approval of the necessary appropriation ordinance
and the corresponding disbursement of municipal funds to satisfy the money judgment

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 Fundamental powers of the State
Inherent powers of the State
❁ police power
❁ power of eminent domain
❁ power of taxation

Similarities
❁ inherent in the State, exercised even without need of express constitutional grant
❁ necessary and indispensable
❁ methods by which State interferes with private property
❁ presuppose equivalent compensation
❁ exercised primarily by the Legislature

Distinctions
♡ police power: regulates both liberty and property
♡ eminent domain & taxation: only property rights
♡ police power & taxation: exercised only by govt
♡ eminent domain: may be exercised by private entities
♡ police power: property taken is usually noxious or intended for noxious purpose and may thus be
destroyed
♡ eminent domain & taxation: property is wholesome and devoted for public use or purpose
♡ police power: compensation is the intangible, altruistic feeling that the individual has contributed to
the public good
♡ eminent domain: compensation is the full and fair equivalent of the property taken
♡ taxation: it is the protection given and/or public improvements instituted by govt for the taxes paid

police power: power of promoting public welfare

by restraining and regulating
the use and enjoyment
of liberty and property;
most pervasive, least limitable, and most demanding
♡ salus populi est suprema lex
♡ In the exercise of police power, a property right is impaired by regulation, or the use of the
property is merely prohibited, regulated or restricted in order to promote public welfare
♡ Police power cannot be bargained away through the medium of a treaty or a contract
♡ Non-impairment of contracts or vested rights clauses will have to yield to the superior and legitimate
exercise by the State of the police power

Tests for valid exercise

❁ lawful object: the interests of the public in general, as distinguished from those of a
particular class, require the exercise of the power
❁ lawful means: the means employed are reasonably necessary for the accomplishment of
the purpose, and not unduly oppressive on individual
Requisites
✧ the interests of the public generally, as distinguished from those of a
particular class, require the interference by the State
✧ the means employed are reasonably necessary for the attainment of the
object sought and not unduly oppressive upon individuals
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Additional limitations when exercised by delegate
❁ express grant by law
❁ within territorial limits
❁ must not be contrary to law

For municipal ordinances to be valid

❁ must not contravene the Const or any statute
❁ 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

power of eminent domain: also known as power of expropriation

inherent right of the State to condemn private
property to public use upon payment of just
compensation
♡ Where a property interest is merely restricted because the continued use thereof would be injurious
to public interest, there is no compensable taking
♡ Eminent domain condemns private property to public use upon payment of just compensation
♡ In the exercise of power of eminent domain, property interests are appropriated and applied to
some public purpose, and thus, payment of just compensation is necessary
♡ RTC has jurisdiction over a complaint for eminent domain
♡ The court that hears the expropriation case has also jurisdiction to determine, in the same
proceedings, the issue of ownership of the land sought to be condemned
♡ Defendant in an expropriation case who has objections to the taking of his property is now required
to file an answer, and in it raise all his available defenses against the allegations in the complaint for
eminent domain
♡ Congress and, by delegation, the President, administrative bodies, local govt units, and even private
enterprises performing public services may exercise the power of eminent domain
♡ LGUs have no inherent power of eminent domain, only by express authorization from the legislature
can they exercise
♡ Eminent domain cases strictly construed against the expropriator

Requisites for exercise

❁ necessity
❁ private property
❁ taking in the Constitutional sense
❁ public use
❁ just compensation

♡ When power is exercised by Legislature, the question of necessity is generally a political question;
when by a delegate, the determination of whether there is a genuine necessity for the exercise is
a justiciable question
♡ Genuine necessity should be of public character

Requisites for a valid taking

❁ expropriator must enter private property

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❁ entry must be for more than a momentary period
❁ entry must be under warrant or color of authority
❁ property must be devoted to public use or otherwise informally appropriated or injuriously affected
❁ utilization of the property must be in such a way as to oust the owner and deprive him of
beneficial enjoyment of the property

♡ Just compensation is the full and fair equivalent of the property taken which is the fair market
value of the property
♡ Market value is the sum of money which a person, desirous but not compelled to buy, and an
owner, willing but not compelled to sell, would agree on as a price to be given and received therefor.
♡ If only a part is expropriated, owner is entitled to payment of consequential damages to the
remaining part
♡ The nature and character of the land at the time of the taking is the principal criterion for
determining how much just compensation should be given to the landowner
♡ The ascertainment of what constitutes just compensation for property taken is a judicial prerogative
♡ While commissioners are to be appointed by the court for the determination of just compensation,
the latter is not bound by the commissioners’ findings.

When court may substitute its own estimate

❁ commissioners have applied illegal principles to the evidence submitted to them
❁ they have disregarded a clear preponderance of evidence
❁ where the amount allowed is either grossly inadequate or excessive

♡ Compensation is determined as of the date of filing of the complaint for eminent domain; where
the filing of the complaint occurs after the actual taking of the property and the owner would be
given undue incremental advantages arising from the use t which the govt devotes the property
expropriated, just compensation is determined as of the date of the taking
♡ Where the govt fails to pay just compensation within 5 years from the finality of the judgment
in the expropriation proceedings, the owners concerned shall have the right to recover possession of
their property

Issuance of writ of possession becomes ministerial when

❁ filing of a complaint for expropriation sufficient in form and substance
❁ upon deposit made by the govt of the amount equivalent to the assessed value of the property
sought to be expropriated per current tax declaration

Who may exercise taxation

❁ legislature
❁ local legislative bodies
❁ President (limited extent through delegation)

Limitations on the exercise

❁ due process of law: should not be confiscatory
❁ equal protection clause: should be uniform and equitable
❁ public purpose

double taxation: taxes are laid on the same subject by the same taxing
jurisdiction during the same taxing period and for the same
purpose

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♡ No law granting any tax exemption shall be passed without the concurrence of a majority of all
the Members of Congress

Exempted from taxation

❁ charitable institutions
❁ churches and parsonages or convents appurtenant thereto
❁ mosques
❁ non-profit cemeteries
❁ all lands, buildings and improvements, actually, directly, and exclusively used for religious, charitable,
or educational purposes
❁ revenues and assets of non-stock, non-profit educational institutions used actually, directly and
exclusively for educational purposes
❁ grants, endowments, donations, or contributions used actually, directly, and exclusively for educational
purposes

♡ If generation of revenue is the primary purpose and regulation is merely incidental, the imposition
is a tax
♡ If regulation is the main purpose, the fact that revenue is incidentally raised does not make the
imposition a tax

License fee Tax

❁ police measure ❁ revenue measure
❁ amount collected is limited to the cost of ❁ may be unlimited provided it is snot
permit and reasonable police regulation confiscatory
❁ paid for the privilege of doing something, and ❁ imposed for revenue
may be revoked when public interest so requires

Kinds of license fee

❁ for useful occupations or enterprises
❁ for non-useful occupations or enterprises

♡ When local govt invoke the power to tax national govt instrumentalities, the exercise of the power
is construed strictly against local govts.

16
 Principles and State Policies
preamble: does not confer rights nor impose duties
indicates authorship of the Const
enumerates the primary aims and aspirations of the framers
serves as an aid in the construction of the Const
1Republicanism: “The Philippines is a democratic and republican State. Sovereignty resides in the
people and all govt authority emanates from them”

Essential features
❁ representation
❁ renovation

Manifestations
❁ Ours is a government of laws and not of men
❁ rule of the majority
❁ accountability of public officials
❁ existence of a Bill of Rights
❁ Legislature cannot pass irrepealable laws
❁ separation of powers

♡ The purpose of separation of powers is to prevent concentration of authority in one person or

group of persons that might lead to an irreversible error or abuse in its exercise to the detriment
of republican institutions

principle of blending of powers:
principle of checks and balances:
instances when powers are not confined exclusively within one
department but are assigned to or shared by several departments
allows one department to
resist encroachments upon its prerogatives
or to rectify mistakes or excesses committed by the other
departments

♡ Each branch is considered separate, co-equal, coordinate and supreme within its own sphere, under
the legal and political reality of one overarching Const that governs one govt and one nation for
whose benefit all the three

role of the Judiciary: includes the duty of the courts of justice

to settle actual controversies
involving rights which are legally demandable and enforceable
and to determine whether or not 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 Govt

doctrine of necessary implication: grant of an express power carries with it all other powers that
may be reasonably inferred from it

justiciable question: implies a given right

legally demandable and enforceable
an act or omission violative of such right
remedy granted and sanctioned by law for said breach
of right
political question: a question of policy
17
 refers to those questions, which
under the Const
are to be decided by the people
in their sovereign capacity
or in regard to which full discretionary authority
has been delegated
to the legislative or executive branch of the govt

principle of comity: practice of

voluntarily observing
interdepartmental courtesy
undertaking
their assigned constitutional duties
for the harmonious working of govt

Grounds which may be cited for denying access to court records

❁ disqualification by reason of privileged communication
❁ pendency of an action or matter

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 judgment
and not through the
intervening mind of another

Permissible delegation
❁ tariff powers to the President
❁ emergency powers to the President
❁ delegation to the people
❁ delegation to local government units
❁ delegation to administrative bodies: “power of subordinate legislation”

state of emergency: no legitimate constitutional objection can be raised

emergency powers: manifold constitutional issues arise

referendum: power of the electorate to approve or reject legislation through an election called for
the purpose
✧ referendum on statutes: petition to approve or reject an act or law, or part thereof,
passed by Congress
✧ referendum on local law: petition to approve or reject a law, resolution or ordinance
enacted by regional assemblies and local legislative bodies
plebiscite: electoral process by which an initiative on the Const is approved or rejected by the
people

Tests for valid delegation

❁ completeness test:
❁ sufficient standard test:
law must be complete in all its essential terms and conditions when
it leaves the legislature so that there will be nothing left for the
delegate to do when it reaches him except to enforce it
intended to map out the boundaries of the delegate’s authority by
defining the legislative policy and indicating the circumstances under
which it is to be pursued and effected
18
 2The Incorporation Clause:
Doctrine of Incorporation:
generally accepted principles of intl law:
“The Philippines renounces war as an instrument of national policy,
adopts the generally accepted principles of international law as part of
the law of the land, and adheres to the policy of peace, equality,
justice freedom, cooperation, and amity with all nations”
by virtue of this clause, our Courts have applied the rules of
international law in a number of cases even if such rules had not
previously been subject of statutory enactments, because these
generally accepted principles of international law are automatically part
of our own laws
norms of general or customary international law which
are binding on all states

How international law can become part of the sphere of domestic law
❁ transformation method: requires that an international law principle be transformed into
domestic law through a constitutional mechanism, such as local
legislation
❁ incorporation method: mere constitutional declaration, international law is deemed to have
the force of domestic law

♡ Doctrine of incorporation is applied whenever municipal tribunals or local courts are confronted with
situations in which there appears to be a conflict between a rule of international law and the provisions
of the constitution or statute of the local state
♡ Where conflict is irreconcilable and a choice has to be made between a rule of international law
and municipal law, jurisprudence dictates that municipal law should be upheld by the municipal courts.
3civilian supremacy: “Civilian authority is, at all times, supreme over the military.”
4duty of Govt; people to defend the State
5separation of Church and State: “The separation of Church and State shall be inviolable.”
6independent foreign policy and nuclear-free Philippines
7just and dynamic social order
8promotion of social justice
9respect for human dignity and human rights
10family and youth
11fundamental equality of men and women
12promotion of health and ecology
13priority to education, science, technology, etc
14protection to labor
15self-reliant and independent economic order
16land reform
17indigenous cultural communities
18independent people’s organizations
19communication and information in nation building
20autonomy of local govt
21equal access of opportunities for public service
22honest public service and full public disclosure

* read the cases *

19
 Citizenship
citizenship: membership in a political community which is personal and more or less permanent in
character
nationality: membership in any class or form of political community;
does not necessarily include the right or privilege of exercising civil or political rights

Modes of acquiring citizenship

❁ by birth
✧ jus sanguinis
✧ jus soli
❁ by naturalization
❁ by marriage

Before adoption of 1935 Constitution

❁ jus sanguinis: All inhabitants of the islands who were Spanish subjects on April 11, 1899, and
residing in the islands who did not declare their intention of preserving Spanish
nationality between said date and October 11, 1900, were declared citizens of
the Philippines, and their children born after April 11, 1899.
❁ jus soli

After the adoption of the 1935 Constitution

Only jus sanguinis doctrine

natural-born citizens: those who are citizens of the Philippines

from birth
without having to perform
any act
to acquire or perfect
their Philippine citizenship

♡ Dual allegiance of citizens is inimical to the national interest and shall be dealt with by law.
♡ For candidates with dual citizenship, it is enough that they elect Philippine citizenship upon the
filing of their certificate filing of a certificate of candidacy to terminate their status as persons with
dual citizenship

♡ Attack on one’s citizenship may be made only through a direct, not a collateral proceeding.

When res judicata applies in cases involving citizenship

❁ a person’s citizenship is resolved by a court or an administrative body as a material issue in the
controversy, after a full-blown hearing
❁ with the active participation of the Solicitor General or his representative
❁ the finding on his citizenship is affirmed by the SC

Citizens of the Philippines

❁ those who are citizens of the Philippines at the time of the adoption of the 1987 Constitution
❁ those whose fathers or mothers are citizens of the Philippines
❁ those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority
❁ those who are naturalized in accordance with law

20
Citizens during the 1935 Constitution
❁ Sec 4, Philippine Bill of 1902; Sec 2, Jones Law of 1916
❁ Act No 2927, then CA 473, on naturalization
❁ foreign women married to Filipino citizens before or after November 30, 1938 who might themselves
be lawfully naturalized
❁ those benefited by the Roa doctrine applying the jus soli principle
❁ Caram provision: Those born in the Philippines of foreign parents who, before the adoption of this
[1935] had been elected to public office in the islands
❁ those who elected Philippine citizenship

1973 Constitution
❁ those whose mothers are citizens of the Philippines

naturalization: act of formally adopting a foreigner into the political body of a nation
by clothing him/her with the privileges of a citizen

Modes of naturalization
❁ direct: ✧ individual, through judicial or administrative proceedings
✧ special act of legislature
✧ collective change of nationality, as a result of cession or
subjugation
✧ in some cases, by adoption of orphan minors as national
of the State
❁ derivative: ✧ wife of naturalized husband
✧ minor children of naturalized person
✧ alien woman upon marriage to a national

doctrine of indelible allegiance: an individual

may be compelled
by municipal law
to retain
his original nationality
even if he has already renounced or forfeited it
under the laws
of the second State
whose nationality he has acquired

Ways by which an alien may become a citizen by naturalization:

❁ judicial naturalization under CA 473, as amended
❁ administrative naturalization under RA No 9139
❁ legislative naturalization in the form of a law enacted by Congress, bestowing Philippine citizenship
to an alien

Qualifications for naturalization under CA 473

❁ not less than 21 years of age on the date of the hearing of the petition
❁ resided in the Philippines for a continuous period of not less than 10 years; may be reduced to 5
years if he:
✧ honorably held office in Govt
✧ established a new industry or introduced a useful invention in the Philippines
✧ married to a Filipino woman
21
 ✧ been engaged as a teacher in the Philippines or in any of the branches of education
or industry for a period of not less than 2 years
✧ born in the Philippines
❁ good moral character,
believes in the principles underlying the Philippine Const
must have conducted himself in a proper and irreproachable manner during the entire period of his
residence in the Philippines in his relations with the constituted govt as well as the community in
which he is living
❁ own real estate in the Philippines worth not less than P5,000
or must have some known lucrative trade, profession or lawful occupation
❁ speak and write English or Spanish and any of the principal Philippine languages
❁ enrolled his minor children of school age in any of the public or private school recognized by the
Govt where Philippine history, govt and civics are taught as part of the school curriculum, during the
entire period of residence in the Philippines required of him prior to the hearing of his petition for
naturalization

Disqualification
❁ opposed to organized govt or affiliated with any association or group of persons who uphold and
teach doctrines opposing all organized govt
❁ defending or teaching the necessity or propriety of violence, personal assault or assassination for
the success or predominance of their ideas
❁ polygamists or believers in polygamy
❁ convicted of a crime involving moral turpitude
❁ suffering from mental alienation or incurable contagious disease
❁ who, during the period of their residence in the Philippines, have not mingled socially with the
Filipinos, or who have not evinced a sincere desire to learn and embrace the customs, traditions, and
ideals of the Filipinos
❁ citizens or subjects of nations with whom the Philippines is at war, during the period of such war
❁ citizens or subjects of a foreign country whose laws do not grant Filipinos the right to become
naturalized citizens or subjects thereof

Procedure
❁ filing of declaration of intention one year prior to the filing of the petition with the Office of the
Solicitor General
✧ born in the Philippines and have received their primary and secondary education in public
or private schools recognized by the Govt and not limited to any race or nationality
✧ resided in the Philippines for 30 years or more before the filing of the petition, and
enrolled his children in elementary and high schools recognized by the Govt and not limited to any
race or nationality
✧ widow and minor children of an alien who has declared his intention to become a citizen
of the Philippines and dies before he is actually naturalized
❁ filing of the petition, accompanied by the affidavit of two credible persons, citizens of the
Philippines, who personally know the petitioner, as character witnesses
❁ publication of the petition
✧ petition and notice of hearing must be published
✧ publication must be made once a week for three consecutive weeks
✧ publication must be in the Official Gazette and in a newspaper of general circulation in the
province where the applicant resides
✧ ++ copies of the petition and notice of hearing must be posted in the office of the Clerk
of Court or in the building where the office is located
22
❁ actual residence in the Philippines during the entire proceedings
❁ hearing of the petition
❁ promulgation of the decision
❁ hearing after two years (show that:
✧ applicant has not left the Philippines
✧ dedicated himself continuously to a lawful calling or profession
✧ not been convicted of any offense or violation of rules
✧ not committed an act prejudicial to the interest of the nation or contrary to any Govt-
announced policies
❁ oath-taking and issuance of the Certificate of Naturalization

♡ Publication is a jurisdictional requirement

♡ It is a settled rule that naturalization laws should be rigidly enforced and strictly construed in favor
of the govt and against the applicant
♡ Naturalization proceedings are imbued with the highest public interest

Effects of naturalization
❁ vests citizenship on wife if she herself may be lawfully naturalized
❁ minor children born in the Philippines before the naturalization shall be considered citizens of the
Philippines
❁ minor child born outside the Philippines who was residing in the Philippines at the time of
naturalization shall be considered a Filipino citizen
❁ minor child born outside the Philippines before parent’s naturalization shall be considered Filipino
citizens only during minority, unless he begins to reside permanently in the Philippines
❁ child born outside the Philippines after parent’s naturalization shall be considered a Filipino, provided
that he registers as such before any Philippine consulate

Grounds for denaturalization

❁ naturalization certificate is obtained fraudulently or illegally
❁ if, within 5 years, he returns to his native country or to some foreign country or to some foreign
country and establishes residence there; provided, that 1-year stay in native country, or 2-year stay
in a foreign country shall be prima facie evidence of intent to take up residence in the same
❁ petition was made on an invalid declaration of intention
❁ minor children failed to graduate through the fault of the parents either by neglecting to support
them or by transferring them to another school
❁ allowed himself to be used a dummy

♡ CA 473 covers aliens regardless of class

♡ RA 9139 covers native-born aliens who lived in the Philippines all their lives, who never saw any
other country and all along thought that they were Filipinos, who have demonstrated love and loyalty
to the Philippines and affinity to Filipino customs and traditions

Special committee on naturalization

❁ Sol Gen as chairman
❁ secretary of Foreign Affairs or his representative
❁ National Security Adviser

Qualifications for naturalization under RA 9139

❁ born in the Philippines and residing therein since birth
23
❁ not be less than 18 years of age at the filing of petition
❁ be of good moral character and believes in the principles underlying the Philippine Const
must have conducted himself in a proper and irreproachable manner during the entire period of his
residence in the Philippines in his relations with the constituted govt as well as the community in
which he is living
❁ have received his primary and secondary education in any public school or private educational
institution duly recognized by the DepEd, where Philippine history, govt and civics are taught and
prescribed as part of the school curriculum and where enrolment is not limited to any race or
nationality; provided that should he have minor children of school age, he must have enrolled them in
similar schools
❁ have a known trade, business, profession or lawful occupation, from which he derives income
sufficient for his support and that of his family; provided that this shall not apply to applicants who
are college degree holders but are unstable to practice their profession because they are disqualified
to do so by reason of their citizenship
❁ be able to read, write and speak Filipino or any of the dialects of the Philippines
❁ have mingled with the Filipinos and evinced a sincere desire to learn and embrace the customs and
traditions and ideals of the Filipino people

Procedure
❁ filing with the Special Committee on Naturalization of a petition
❁ publication of pertinent portions of the petition once a week for three consecutive weeks in a
newspaper of general circulation
❁ submit to the Committee a report stating whether or not petitioner has any derogatory record on
file or any such relevant and material information which might be adverse to petitioner’s application
for citizenship
❁ Committee shall approve or deny petition

Cancellation of certificate of naturalization:

❁ if the naturalized person or his duly authorized representative made any false statement or
misrepresentation,
or committed any violation of law, rules and regulations in connection with the petition,
or if he obtains Philippine citizenship fraudulently or illegally,
❁ if, within 5 years, he shall establish permanent residence in a foreign country, provided that
remaining for more than one year in his country of origin or 2 years in a foreign country shall be
prima facie evidence of intent to permanently reside therein
❁ if allowed himself or his wife or child with acquired citizenship to be used as a dummy
❁ if he, his wife or child with acquired citizenship commits any act inimincal to national security

Loss of citizenship
❁ by naturalization in a foreign country
❁ by express renunciation of citizenship
❁ by subscribing to an oath of allegiance
❁ by rendering service to or accepting commission in the armed forces of a foreign country
❁ by cancellation of the certificate of naturalization

principle of indelible allegiance: proviso that a Filipino may not divest himself of Philippine
citizenship in this manner while the Republic of the Philippines is
at war with any country

Elements of rendering service to armed forces of a foreign country which will not divest citizenship
❁ RP has a defensive and/or offensive pact of alliance with the said foreign country
24
❁ said foreign country maintains armed forces in Philippine territory with the consent of the RP

Reacquisition of citizenship
❁ under RA 9225, by taking the oath of allegiance
❁ by naturalization
❁ by repatriation
❁ by direct act of Congress

25
 The Legislative Department
legislative power: power to propose, enact, amend and repeal laws;
vested in the Congress, except to the extent reserved
to the people by the provision on initiative and referendum

* refer to previous notes on referendum and initiative *

♡ No petition embracing more than one subject shall be submitted to the electorate
♡ Statutes involving emergency measures, the enactment of which is specifically vested in Congress
by the Const, cannot be subject to referendum until 90 days after their effectivity

♡ Not less than 2,000 registered votes in case of autonomous regions, 1,000 in case of provinces
and cities, 100 in case of municipalities, 50 in case of barangays, may file a petition with the Regional
Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal or amendment,
of any law, ordinance or resolution

Limitations on local initiative

❁ power of local initiative shall not be exercised more than once a year
❁ initiative shall extend only to subjects or matters which are within the legal powers of the local
legislative bodies to enact
❁ if at any time before the initiative is held, the local legislative body shall adopt in toto the
proposition presented, the initiative shall be cancelled

Congress: Senate and a House of Representatives

Senate: 24 Senators elected at large by the qualified voters of the Philippines

Qualifications of senator
❁ natural-born citizen of the Philippines
❁ at least 35 years of age on the day of election
❁ able to read and write
❁ a registered voter
❁ resident of the Philippines for not less than 2 years immediately preceding the day of the election

♡ Senators have a term of 6 years which shall have the limit of 2 consecutive terms

House of Representatives:
not more then 250 members, unless otherwise provided by law
❁ district representatives
^ elected from legislative districts apportioned among the provinces,
cities and the Metropolitan Manila area
❁ party-list representatives
shall constitute 20% of the toal number of representatives, elected
through a party-list system of registered national, regional, and
sectoral parties or organizations
❁ sectoral representatives
½ of the seats allocated to party-list representatives shall be filed,
by selection or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth and such other sectors as may
be provided by law (except religious sector)

26
♡ The question of the validity of an apportionment law is a justiciable question
♡ A city that has attained a population of 250,000 is entitled to a legislative district only in the
immediately following election
♡ Each province, irrespective of number of inhabitants, is entitled to at least one representative
♡ Apportionment of legislative districts may be made through a special law

Qualifications of member of HOR

❁ natural-born Filipino citizen
❁ at least 25 years of age on the day of election
❁ able to read and write
❁ registered voter in the district in which he shall be elected (except party-list representatives)
❁ resident thereof for not less than 1 year immediately preceding the day of the election

♡ Domicile of origin is lost only when there is actual removal or change of domicile, a bona fide
intention of abandoning the former residence and establishing a new one, and acts which correspond
with the purpose; in the absence of clear and positive proof of the concurrence of all these, the
domicile of origin should be deemed to continue

♡ Members of HOR have a term of 3 years, and shall not serve for more than 3 consecutive terms

party-list system: mechanism of proportional representation in the election of representatives

to the HOR from national, regional and sectoral parties or organizations or
coalitions thereof registered with the COMELEC
party: either a political party or a sectoral party of a coalition of parties
political party: organized group of citizens
advocating an ideology or platform, principles and policies
for the general conduct of government
and which, as the most immediate means of securing their adoption,
regularly nominates and supports
certain of its leaders and members
as candidates for public office
✧ national party: when its constituency is spread over the geographical territory
of at least a majority of the regions
✧ regional party: when its constituency is spread over the geographical territory
of at least a majority of the cities and provinces comprising the region
sectoral party: organized group of citizens
belonging to any of the following sectors:
labor, peasant, fisherfolk, urban poor, indigenous cultural communities, elderly,
handicapped, women, youth, veterans, overseas workers and professionals,
whose principal advocacy
pertains to the special interest and concerns of their sector
sectoral organization: group of citizens or a coalition of groups of citizens who share similar
physical attributes or characteristics, employment, interests, or concerns
coalition: aggrupation of duly registered national, regional, sectoral parties or organizations for
political and/or election purposes

♡ Political parties can participate in party-list elections provided they register under the party-list and
do not field candidates in legislative district elections
♡ A political party, whether major or not, that fields candidates in legislative district elections can
participate in party-list elections only through its sectoral wing that can separately register under the
party-list system

27
♡ The sectoral wing is by itself an independent sectoral party, and is linked to a political party
through a coalition

♡ A majority of the members of sectoral parties or organizations that represent the “marginalized
and under-represented” must belong to the “marginalized and under-represented” sector they
represent.
♡ A majority of the members of sectoral parties or organizations that lack “well-defined constituencies”
either must belong to their respective sectors, or must have a track record of advocacy for their
respective sectors

♡ National, regional and sectoral parties or organization shall not be disqualified if some of their
nominees are disqualified, provided that they have at least one nominee who remains qualified

♡ COMELEC may motu proprio or upon verified complaint of any interested party, refuse or cancel,
after due notice and hearing, the registration of any national, regional or sectoral party, organization
or coalition.

Grounds for cancellation of registration

❁ religious sect or denomination, organization or association organized for religious purposes
❁ it advocates violence or unlawful means to seek its goal
❁ it is a foreign party or organization
❁ it is receiving support from any foreign govt, foreign political party, foundation, organization, whether
directly or through any of its officers or members, or indirectly through third parties, for partisan
election purposes
❁ violates or fails to comply with laws, rules or regulations relating to elections
❁ it declares untruthful statements in its petition
❁ it has ceased to exist for at least 1 year
❁ fails to participate in the last 2 preceding elections or fails to obtain at least 2% of the votes
cast under the party-list system in the 2 preceding elections for the constituency in which it has
registered

♡ The list of party-list nominees 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
♡ Failure to submit the list of five nominees before the election warrants the cancellation of the
party’s registration
♡ A party-list group’s previous registration with the COMELEC confers no vested right for the
maintenance of its registration (must have continued possession of the requisite qualifications)

Qualification of party-list nominees

❁ natural-born citizen of the Philippines
❁ registered voter
❁ resident of the Philippines for at least 1 year immediately preceding the day of the election
❁ able to read and write
❁ bona fide member of the party or organization which he seeks to represent for at least 90 days
preceding the day of the election
❁ at least 25 years of age on the day of election
❁ must be at least 25 years of age but not more than 30 years of age on the day of election
(for youth sector)

28
Determination the allocation of seats
❁ parties, organizations and coalitions shall be ranked from the highest to the lowest based on the
number of votes they garnered during the elections
❁ parties, organizations and coalitions receiving at least 2% of the total votes cast for the party-
list system shall be entitled to one-seat each
^provided: those garnering more than 2% of the votes shall be entitled to additional seats
in proportion to their total number of votes
^provided: that each party, organization or coalitions shall be entitled to not more than 3
seats

Inviolable parameters
❁ 20% allocation:
❁ 2% threshold:
❁ 3-seat limit:
❁ proportional representation:
combined number of all party-list congressmen shall not exceed
20% of the total membership of the HOR
only those parties garnering a minimum of 2% of the total valid
votes cast for the party-list system are qualified to have a seat
in the House
each qualified party, regardless of the number of votes it actually
obtained, is entitled to a maximum of 3 seats (1 qualifying, 2
additional)
additional seats which a qualified party is entitled to shall be
computed “in proportion to their local number of votes”

Guidelines in order that a political party registered be entitled to a seat in the HOR
❁ must represent marginalized and under-represented sectors
❁ major political parties must comply with this statutory policy
❁ must be subject to the express constitutional prohibition against religious sects
❁ party must not be disqualified under RA 7941
❁ party must not be an adjunct of an entity or project funded by the govt
❁ party and its nominees must comply with the requirements of the law
❁ nominee must also represent a marginalized or under-represented sector
❁ nominee must be able to contribute to the formulation and enactment of appropriate legislation
that will benefit the nation

Steps in the second round of allocation

❁ percentage is multiplied by the remaining available seats (difference between the maximum seats
reserved under the Party List System and the guaranteed seats of the 2 percenters; the whole
integer of the percentage and the remaining available seats corresponds to the party’s share in the
remaining available seats)
❁ assign one party-list seat to each of the parties next in rank until all available seats are completely
distributed

♡ Any elected party-list representative who changes his political party or sectoral affiliation during
his term of office shall forfeit his seat
♡ If an elected representative changes his political party or sectoral affiliation within 6 months before
an election, he shall not be eligible for nomination as party-list representative under his new party or
organization
♡ In case of vacancy in the seats reserved for party-list representatives, the vacancy shall be
automatically filled by the next representative from the list of nominees in the order submitted to
the COMELEC
♡ Party-list representatives shall be elected for a term of 3 years

29
Election
❁ regular: on the 2nd Monday of May, unless otherwise provided
❁ special: to fill a vacancy, but elected member shall serve only for the unexpired portion of
the term

Privileges
❁ freedom from arrest
❁ privilege of speech and of debate

♡ Membership in the Congress does not exempt the accused from statutes and rules which apply
to validly incarcerated persons
♡ Presumption of innocence does not necessarily carry with it the full enjoyment of civil and political
rights

Disqualifications
❁ incompatible office: office or employment in the Govt, or any subdivision, agency, or
instrumentality thereof, including GOCCs and their subsidiaries
❁ forbidden office: office which may have been created or the emoluments thereof increased
during the term for which he was elected

♡ Forfeiture of the seat in Congress shall be automatic upon the member’s assumption of such other
office deemed incompatible with his seat in Congress

♡ No Senator/Member of HOR may not personally appear as counsel.

♡ He shall not be interested financially in any contract with, or in any franchise or special privilege
granted by the Govt

Sessions
❁ regular: once every year on the 4th Monday of July and shall continue until 30 days
before opening next regular session
❁ special: can be called by President at any time
❁ joint sessions: ✧ voting separately
choosing President
determine President’s disability
confirming nomination of VP
declaring the existence of state of war
proposing constitutional amendments
✧ voting jointly
revoke or extend proclamation suspending the privilege of writ of habeas
corpus or placing the Phil under martial law

Matters to enter into journal

❁ yeas and nays on third and final reading of a bill
❁ veto message of the President
❁ yeas and nays on the repassing of a bill vetoed by the President
❁ yeas and nays on any question at the request of 1/5 of members present

enrolled bill: one duly introduced and finally passed by both Houses, authenticated by the proper
officers of each, and approved by the President
enrolled bill theory: enrolled bill is conclusive upon the courts as regards the tenor of the measure
passed by Congress and approved by the President

30
♡ Enrolled bill prevails over a journal entry except as to matters which must be entered in the
Journal

Composition of Electoral Tribunals

❁ 3 SC justices designated by the Chief Justice
❁ 6 members of the house concerned (chosen on the basis of proportional representation from the
political parties registered under party-list system represented therein)

♡ The Electoral Tribunals of the Houses of Congress shall be the sole judge of all contests relating
to the election, returns and qualifications of their respective members

Jurisdiction of HRET
❁ winning candidate has been proclaimed
❁ taken his oath
❁ assumed office

♡ The Electoral Tribunal is independent of the House of Congress

Composition of Commission on Appointments

❁ Senate President
❁ 12 Senators
❁ 12 Members of HOR

♡ A political party must have at least two elected senators for every seat in the Commission on
Appointments
♡ It is not mandatory to elect 12 Senators to the Commission, what the Const requires is there
must be at least a majority of the entire membership
♡ Commission on Appointments is independent of the two Houses of Congress

Powers of Congress
❁ general/plenary power: power to propose, enact, amend and repeal laws
❁ power of appropriation: “power of the purse”
subject only to the veto power of the President
carries appropriation carries with it the power to specify the project
or activity to be funded under the appropriation law
❁ power of taxation:
❁ question hour: heads of departments may upon their own initiative, with the consent
of the President, or upon the request of either House, as the rules
of each House shall provide, appear before and be heard by such
House or any matter pertaining to their departments
❁ war powers: vote of 2/3 of both Houses in joint session assembled, voting
separately
❁ power to act as Board of Canvassers in election of President
❁ power to call a special election for President and Vice President
❁ power to judge President’s physical fitness to discharge the functions of the Presidency
❁ power to revoke or extend suspension of the privilege of writ of habeas corpus or declaration
of martial law
❁ power to concur in Presidential amnesties (concurrence of all members of Congress)
❁ power to concur in treaties or international agreements (concurrence of at least 2/3 members
of Senate)

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 ❁ power to confirm certain appointments/nominations made by the President
❁ power of impeachment
❁ power relative to natural resources
❁ power to propose amendments to the Const

Limitations to general power

❁ substantive
✧ express: Bill of Rights
On appropriations
On taxation
On constitutional appellate jurisdiction of the Supreme Court
✧ implied: non-delegation of powers
Prohibition against the passage of irrepealable laws
❁ procedural
✧ only one subject: to be expressed in the title thereof
✧ three readings on separate days
expn: President certifies to its immediate enactment to meet a public calamity or
emergency

♡ Title is not required to be an index of the contents of the bill; sufficient compliance if title
expresses the general subject + provisions of the statute are germane to that subject

rider: provision not germane to the subject matter of the bill

Requirement as to bills
❁ only one subject to be expressed in the title thereof
❁ appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local
application, and private bills shall originate exclusively in the HOR

♡ The filing of a substitute bill in the Senate in anticipation of its receipt of the bill from the House
does not contravene the constitutional requirement that a bill of local application should originate in
the HOR as long as the Senate does not act thereupon until it receives the House bill

♡ A legislative act will not be declared invalid for non-compliance with the internal rules of the House.
♡ Rules adopted by deliberative bodies are subject to revocation, modification or waiver at the pleasure
of the body adopting them

Approval of bills
❁ when the President approves the same and signs it
❁ when Congress overrides the Presidential veto (by 2/3 vote of all members in the House of
origin and the other House)
❁ when President fails to act upon the bill for 30 days from receipt thereof, the bill shall become
a law as if he had signed it

♡ No pocket veto.
*pocket veto: indirect veto of a legislative bill by an executive through retention of the bill
unsigned until after adjournment of the legislature
♡ Partial veto is invalid, only allowed only for particular items in an appropriation, revenue or tariff bill
♡ The President cannot veto part of an item in an appropriation bill while approving the remaining
portion of the item
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 congressional veto: means whereby the legislature can block or modify administrative action taken
under a statute;
legislative control in the implementation of particular executive action
✧ negative: subjecting executive action to disapproval by Congress
✧ affirmative: requiring approval of the executive action by Congress

♡ No money shall be paid out of the Treasury except in pursuance of an appropriation made by law
♡ The provision of the GAA is not self-executory; the execution of the GAA is still subject to a
program of expenditure to be approved by the President
♡ The existence of appropriations and the availability of funds are indispensable requisites to, or
conditions sine qua non for, the execution of govt contracts

appropriation law: statute, the primary and specific purpose of which is to authorize the release
of public funds from the Treasury

Implied limitations on appropriation measures

❁ appropriation must be devoted to a public purpose
❁ sum authorized to be released must be determinate, or at least determinable

Constitutional limitations on special appropriation measures

❁ must specify the public purpose for which the sum is intended
❁ must be supported by funds actually available as certified to by the National Treasurer, or to be
raised by a corresponding revenue proposal included therein

Constitutional rules on general appropriations law

❁ Congress may not increase the appropriations recommended by the President for the operation
of the Govt as specified in the budget
❁ the form, content and manner of preparation of the budget shall be prescribed by law
❁ no provision or enactment shall be embraced unless it relates specifically to some particular
appropriation therein, any such provision or enactment shall be limited in its operation to the
appropriation to which it relates
^in order to prevent riders, or irrelevant provisions included in the bill to ensure its approval
❁ procedure for approving appropriations for Congress shall strictly follow the procedure for approving
appropriations for other departments and agencies
^intended to prevent sub rosa appropriation by Congress
❁ prohibition against transfer of appropriations
❁ prohibition against appropriations for sectarian benefit
❁ discretionary funds appropriated for particular officials shall be disbursed only for public purposes
to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law
❁ if by the end of any fiscal year, Congress shall have failed to pass general appropriations bill for
the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed
re-enacted and shall remain in force and effect until general appropriations bill is passed by the
Congress

Who may augment from savings in their respective appropriations

❁ President
❁ President of the Senate
❁ Speaker of the HOR
❁ Chief of Justice of the SC

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❁ heads of Constitutional Commissions

♡ When the President suspends or stops expenditure of funds, savings are not automatically
generated until it has been established that such funds or appropriations are free from any obligation
or encumbrance, and the work, activity or purpose for which the appropriation is authorized has been
completed, discontinued or abandoned

impoundment: refusal by the President for whatever reason to spend funds made available by
Congress

♡ Impoundment is prohibited by the General Appropriations Act, unless there will be an unmanageable
govt budget deficit.

Pork Barrel System: collective body of rules and practices that governs the manner by which
lump-sum, discretionary funds, primarily intended for local projects, are
utilized through the respective participations of the Legislative and Executive
branches of govt, including its members
✧ Congressional Pork Barrel: lump-sum, discretionary fund wherein legislators,
either individually or collectively organized into committees, are able to
effectively control certain aspects of the fund’s utilization through various
post-enactment measures and/or practices
✧ Presidential Pork Barrel: lump-sum, discretionary fund which allows the
President to determine the manner of its utilization

* read on 2013 PDAF Article and Malampaya Funds *

♡ Rule of taxation shall be uniform and equitable

* refer to previous notes on exemptions from taxation *

♡ The power of Congress to conduct inquiries in aid of legislation encompasses everything that
concerns the administration of existing laws, as well as proposed or possibly needed statutes.

Limitations on power of legislative investigation

❁ in aid of legislation
❁ in accordance with duly published rules of procedure
❁ rights of persons appearing in, or affected by such, inquiry shall be respected
❁ power to punish contempt

♡ The mere filing of a criminal or an administrative complaint before a court or a quasi-judicial body
should not automatically bar the conduct of legislative inquiry, otherwise it would be extremely easy
to subvert any intended inquiry by Congress through the convenient ploy of instituting a criminal or
an administrative complaint
♡ The exercise of sovereign legislative authority, of which the power of legislative inquiry is an
essential component, cannot be made subordinate to a criminal or an administrative investigation
♡ The Senate of every Congress is required to publish its rules of procedure governing inquiries in
aid of legislation because every Senate is distinct from the one before or after it
♡ The right of people to access information on matters of public concern generally prevails over the
right to the privacy of ordinary financial transaction

rational basis relationship test: there is no infringement of the individual’s right to privacy as the
requirement to disclose information is for a valid purpose

34
 power to conduct inquiries in aid of legislation power to conduct a question hour
❁ aim of which is to elicit information that may ❁ to obtain information in pursuit of Congress’
be used for legislation oversight function

♡ When Congress exercises its power of inquiry, the only for department heads to exempt themselves
therefrom is by a valid claim of executive privilege

♡ Congress may validly delegate the initial determination of the authenticity and due execution of the
certificates of canvass to a Joint Congressional Committee, composed of members of HOR and of
the Senate

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 The Executive Department
Qualifications of President and VP
❁ natural-born citizen of the Philippines
❁ registered voter
❁ able to read and write
❁ at least 40 years of age on the day of election
❁ resident of the Philippines for at least 10 years immediately preceding such election

♡ Regular election should be held every second Monday of May

♡ Returns of every election for President and VP, duly certified by the board of canvassers of each
province or city, shall be transmitted to Congress, directed to the Senate President who, upon receipt
of the certificates of canvass, shall, not later than 30 days after the day of the election, open all
the certificates in the presence of the Senate and the HOR in joint public session, and the Congress,
upon determination of the authenticity and due execution thereof in the manner provided by law,
canvass the votes.

♡ The SC en banc shall be the sole judge of all contests relating to the election, returns and
qualifications of the President or VP, and may promulgate its rules for the purpose

♡ The President shall have a term of office for 6 years

♡ There shall be no re-election; no person who has succeeded as President and has served as such
for more than 4 years shall be qualified for election to the same office at any time

Privileges of the President

❁ official residence
❁ salary shall not be increased during tenure
❁ immunity from but may not be prevented from instituting suit
suit
❁ Executive Privilege right of the President and high-level executive branch officials to withhold
information from the Congress, the courts, and ultimately, the public

♡ After tenure, the Chief Executive cannot invoke immunity from suit for civil damages arising out
of facts done by him while he was President which were not performed in the exercise of official
duties

Prohibitions/inhibitions (a-d VP; b-d Members of Cabinet, deputies/assistants)

❁ shall not receive any other emoluments from the govt or any other source
❁ unless otherwise provided in this Const, shall not hold any other office or employment
❁ shall not directly or indirectly practice any other profession, participate in any business or be
financially interested in any contact with, or in any franchise or special privilege granted by the govt
or any subdivision, agency or instrumentality thereof, including GOCCs and their subsidiaries
❁ strictly avoid conflict of interest in the conduct of their office
❁ may not appoint spouse of relatives by consanguinity or affinity within the 4th civil degree as
Members of Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries, Under
Secretaries, chairmen or heads of bureaus or offices, including GOCC and their subsidiaries

36
♡ By express provision of the Const, the VP may be appointed to the Cabinet, without need of
confirmation by the Commission on Appointments; and the Secretary of Justice is an ex officio
member of the Judicial and Bar Council

Rules on 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 President until President-elect shall have
qualified
❁ President shall not have been chosen: VP-elect shall act as President until a President shall have
been chosen and qualified
❁ No President and VP chosen nor shall have qualified, or both shall have died or become permanently
disabled: President of the Senate or, in case of his inability, the Speaker of the HOR shall act as
President until a President or a VP shall have been chosen and qualified

Rules on vacancy during the term

❁ Death, permanent disability, removal from office, or resignation of the President: VP shall become
the President
❁ Death, permanent disability, removal from office, or resignation of President and the VP: Senate
President or, in case of his inability, the Speaker of the HOR, shall act as President until a President
or VP shall be elected and qualified

Elements of a valid resignation

❁ intent to resign
❁ act of relinquishment

Rules on temporary disability

❁ President transmits to the Senate President and the Speaker of the House his written declaration
that he is unable to discharge the powers and duties of his office, and until he transmits to them a
written declaration to the contrary: VP as acting president
❁ majority of all Members of the Cabinet transmit to the Senate President and the Speaker their
written declaration that the President is unable to discharge the powers and duties of his office, the
VP shall immediately assume the powers and duties of the office as Acting President

♡ At 10 o’clock in the morning of the 3rd day after the vacancy occurs, Congress shall convene
without need of a call, and within 7 days enact a law calling for a special election to elect a President
and a VP to be held not earlier than 45 mot later than 60 days from the time of such call.

♡ The President may be removed by impeachment

♡ No VP serve for more than 2 successive terms

♡ The President shall nominate a VP from among the members of the Senate and the HOR who
shall assume office upon confirmation by a majority vote of all the Members of both House of
Congress voting separately

Powers of the President

❁ Executive power
❁ Power of appointment
❁ Power of control
❁ Military powers
❁ Pardoning power
❁ Diplomatic power
37
❁ Budgetary power
❁ Informing Power
❁ Call Congress to a special session
❁ Power to approve or veto bills
❁ To consent to deputation of govt personnel by the COMELEC
❁ To discipline such deputies
❁ By delegation from Congress, emergency powers
❁ General supervision over local govt and autonomous regional govt

executive power: power to enforce and administer the laws

♡ As the administrative head of the govt, the President is vested with the power to execute,
administer and carry out laws into practical operation

faithful execution clause: is best construed as an obligation imposed on the President, not a
separate grant of power;
simply underscores the rule of law, and corollarily the cardinal principle
that the President is not above the laws but is obliged to obey and
execute them

appointment: selection, by the authority vested with the power, of an individual who is to exercise
the functions of a given office
designation: imposition of additional duties, usually by law, on a person already in the public service
commission: written evidence of the appointment

Classification of appointments
❁ permanent: extended to persons possessing the requisite eligibility and are thus protected
by the constitutional guarantee of security of tenure
❁ temporary: given to persons without such eligibility, revocable at will and without the
necessity of just cause or a valid investigation;
made on the understanding that the appointing power has not yet decided on a
permanent appointee and that the temporary appointee may be replaced at any
time a permanent choice is made
❁ regular: made by the President while Congress is in session, takes effect only after
confirmation by the Commission on Appointments, and once approved, continues
until the end of the term of the appointee
❁ ad interim: made by the President while Congress is not in session, takes effect
immediately, but ceases to be valid if disapproved by the Commission on
Appointments or upon the next adjournment of Congress

♡ A temporary appointment and a designation are not subject to confirmation by the Commission on
Appointments
♡ An ad interim appointment is a permanent appointment; it takes effect immediately and can no
longer be withdrawn by the President once the appointee has qualified into office

Reasons for terminating ad interim appointment

❁ disapproval of the appointment by the Commission on Appointments
❁ adjournment by Congress without the Commission on Appointments acting on the appointment

Officials to be appointed by the President

❁ heads of executive departments
❁ ambassadors, other public ministers and consuls

38
❁ officers of the armed forces from the rank of colonel or naval captain
❁ those other officers whose appointments are vested in him in the Const

Steps in the appointing process

❁ nomination by the President
❁ confirmation by the Commission on Appointments
❁ issuance of the commission
❁ acceptance by the appointee

♡ Pending acceptance, which is optional to the appointee, the appointment may still be validly
withdrawn

♡ 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

♡ The essence of an appointment in an acting capacity is its temporary nature

♡ Congress, through a law, cannot impose on the President the obligation to appoint automatically
the undersecretary as her temporary alter ego

Special Constitutional limitations on the President’s appointing power

❁ President may not appoint his spouse and relatives by consanguinity or affinity within the 4th civil
degree as Members of the Constitutional Commissions, as Ombudsman, or as Secretaries, under-
secretaries, chairmen or heads of bureaus or offices, including GOCCs
❁ Appointments extended by an acting President shall remain effective unless revoked by the elected
President within 90 days from his assumption of office
❁ 2 months immediately before the next presidential elections and 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 therein will prejudice public service or endanger public safety

♡ The prohibition on making appointments during the last days of their tenure does not apply to the
appointment of Members of the SC

♡ As a general rule, the power of removal may be implied from the power of appointment
♡ The President cannot remove officials appointed by him where the Const prescribes certain
methods for separation of such officers from public service
♡ Members of the Cabinet and such officers whose continuity in office depends upon the pleasure
of the President may be replaced at any time, but legally speaking, their separation is effected not
by removal but by expiration of their term

control: power of an 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 judgment of
the former for that of the latter
supervision: overseeing, power or authority of an officer to see that subordinate officers perform
their duties, and if the latter fail or neglect to fulfill them, then the former may take
such action or steps as prescribed by law to make them perform these duties

♡ The President has the power to recognize the offices and agencies in the executive department
in line with the President’s constitutionally granted power of control over executive offices and by
virtue of previous delegation of the legislative power to reorganize executive offices under existing
statutes

39
Authorization from Sec 31 of Administrative Code to the President
❁ to restructure the internal organization of the Office of the President by abolishing, consolidating
or merging units thereof or transferring functions from one unit to another
❁ transfer functions or offices from the Office of the President to any other Department or
Agency in the Executive Branch and vice versa

Circumstances which may be considered evidence of bad faith in the removal of employees as a
result of reorganization
❁ there is a significant increase in the number of positions in the new staffing patter of the
department or agency concerned
❁ an office is abolished and another performing substantially the same functions is created
❁ incumbents are replaced by those less qualified in terms of status of appointment, performance
and merit
❁ there is classification of offices in the department or agency concerned and the reclassified offices
perform substantially the same functions as the original offices
❁ the removal violates the order of separation

alter ego principle: also known as “doctrine of qualified political agency”

recognizes the establishment of a single executive;
all executives and administrative organizations are adjunct
of the Executive Department, the heads of the various
executive department are assistants and agents of the
Chief Executive;
except in cases
where the Chief Executive
is required by the Const or law
to act in person
or the exigencies of the situation
demand that he act personally,
the multifarious executive and administrative functions
of the Chief Executive
are performed by and through
the executive departments,
and the acts of the Secretaries
of such departments
performed and promulgated
in the regular course of business are,
unless disapproved or reprobated by the Chief Executive,
presumptively the acts of the Chief Executive

♡ Appeal to the President from decisions of subordinate executive officers, including Cabinet members,
completes exhaustion of administrative remedies
♡ Exception to the above: when the doctrine of qualified political agency applies, in which case the
decision of the Cabinet Secretary carries the presumptive approval of the President, and there is no
need to appeal the decision to the President in order to complete exhaustion of administrative
remedies
♡ Resolutions of prosecutors are subject to appeal to the Secretary of Justice who exercises the
power of direct control and supervision over prosecutors.

♡ The President exercises only the power of general supervision over local govts

♡ The President can only interfere in the affairs and activities of a local govt unit if he or she
finds that the latter had acted in a manner contrary to law

40
♡ Any directive by the President or any of his alter egos seeking to alter the wisdom of a law-
conforming judgment on local affairs of a local govt unit is a patent nullity, because it violates the
principle of local autonomy, as well as the doctrine of separation of powers of the executive and the
legislative departments in governing municipal corporations

Commander-in-Chief clause: The President shall be the Commander-in-Chief of all armed forces
of the Philippines

Powers:
❁ to call out such armed forces to prevent or suppress lawless violence, invasion or rebellion
❁ the power to organize courts martial for the discipline of the members of the armed forces,
create military commissions for the punishment of war criminals

♡ Every act that goes beyond the President’s calling out power is considered illegal or ultra vires

♡ Military tribunals cannot try civilians when civil courts are open and functioning

Grounds for suspension of privilege of writ of habeas corpus

❁ invasion or rebellion
❁ when public safety requires it

♡ Suspension of privilege of writ of habeas corpus shall not exceed 60 days, following which it shall
be lifted, unless extended by Congress
♡ The President shall report action to Congress within 48 hours personally or in writing
♡ Congress may revoke (or extend on request of the President) the effectivity of proclamation by
a majority vote of all its members

♡ The suspension of the privilege of the writ does not impair the right to bail

♡ The Constitutional limitations for the suspension of the privilege of the writ are likewise imposed
on the proclamation of martial law

pardon: act of grace which exempts the individual on whom it is bestowed from the
punishment that the law inflicts for the crime he has committed
commutation: reduction or mitigation of the penalty
reprieve: postponement of a sentence or stay of execution
parole: release from imprisonment, but without full restoration of liberty, as parolee is still
in the custody of the law although not in confinement
amnesty: act of grace, concurred in by the legislature, usually extended to groups of persons
who committed political offenses, which puts into oblivion the offense itself

♡ The exercise by the President of the pardoning power is discretionary, it may not be controlled
by the legislature or reversed by the courts, unless there is a constitutional violation

Limitations on the exercise of the pardoning power

❁ cannot be granted in cases of impeachment
❁ cannot be granted in cases of violation of election laws without the favorable recommendation of
the COMELEC
❁ can be granted only after conviction by final judgment
❁ cannot be granted in cases of legislative contempt
❁ cannot absolve the convict of civil liability
❁ cannot restore public offices forfeited
41
Classifications of pardon
❁ plenary
❁ partial
❁ absolute
❁ conditional: in the nature of a contract between the Chief Executive and the convicted criminal;
by the pardonee’s consent to the terms stipulated in the contract, the pardonee
has placed himself under the supervision of the Chief Executive or his delegate
who is duty bound to see to it that the pardonee complies with the conditions of
the pardon

♡ The person released under an amnesty proclamation stands before the law precisely as though he
had committed no offense; criminal liability is totally extinguished by amnesty, the penalty and all its
effects are thus extinguished

amnesty
❁ addressed to political offenses
❁ no need for distinct acts of acceptance
❁ requires concurrence of Congress
❁ public act which the courts may take judicial
notice of
❁ looks backward and puts into oblivion the
offense itself
pardon
❁ infractions of peace of the state
❁ acceptance necessary
❁ does not require
❁ private act which must be pleaded and proved
❁ looks forward and relieves the pardonee of
the consequences of the offense

treaty executive agreement

❁ intl agreements which involve political issues ❁ intl agreements involving adjustment of
or changes of national policy and those involving details carrying out well-established national
intl agreements of a permanent character policies and traditions and involving arrangements
of a more or less temporary nature
❁ formal documents require ratification ❁ become binding through executive action

♡ Under intl law, an executive agreement is just as binding as a treaty

42
 The Judicial Department
judicial power: includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or
not 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 Govt

♡ The second clause effectively limits the political question area, which is forbidden territory of the
courts
♡ The Court is not precluded from examining its own ruling and rectifying errors of judgment if
blind and stubborn adherence to res judicata would involve the sacrifice of justice to technicality

♡ Judicial power is vested in one Supreme Court and in such lower courts as may be established by
law

jurisdiction: power to hear and decide a case

♡ Congress shall have the power to define, prescribe and apportion the jurisdiction of the various
courts, but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Sec 5,
Art VIII
♡ No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in
the Const without its advice and concurrence

deliberative process privilege: privilege against disclosure of information or communication, to

enable the members of the Court to “freely discuss the issues
without fear of criticism for holding unpopular positions” or fear of
humiliation for one’s comments

Privileged documents or communications and not subject to disclosure

❁ court actions such as the result of the raffle of cases and actions taken by the Court on each
case included in the agenda of the Court’s session on acts done material to pending cases
❁ Court deliberations on cases and matters pending before the Court
❁ Court records which are “predecisional” and “deliberative” in nature
❁ confidential information secured by justices, judges, court officials and employees in the course of
their official functions
❁ records of cases that are still pending for decision are privileged material that cannot be disclosed

♡ The principle of comity or inter-departmental courtesy demands that the highest officials of each
department be exempt from the compulsory processes of the other departments

Constitutional safeguards to insure the independence of the Judiciary

❁ the SC is a constitutional body, it may not be abolished by the legislature
❁ members of the SC are removable only by impeachment
❁ SC may not be deprived of its minimum original and appellate jurisdiction; appellate jurisdiction may
not be increased without its advice and concurrence
❁ the SC has administrative supervision over all inferior courts and personnel
❁ the DC has the exclusive power to discipline judges/justices of inferior courts
❁ members of the Judiciary have security of tenure
❁ members of the Judiciary may not be designated to any agency performing quasi-judicial or
administrative functions
43
❁ salaries of judges may not be reduced, the Judiciary enjoys fiscal autonomy

♡ The fiscal autonomy enjoyed by the Judiciary recognizes the power and authority to levy, assess
and collect fees, fix rates of compensation not exceeding the highest rates authorized by law for
compensation and pay plans of the govt and allocate and disburse such sums as may be provided by
law or prescribed by them in the course of the discharge of their functions

♡ It should not be forgotten that in invoking one’s constitutional right to information – whether in
the spirit of public accountability, transparency or some other cause – the need to preserve the
integrity and independence of the judiciary must be weighed

♡ The SC alone may initiate and promulgate the Rules of Court

♡ SC alone may order temporary detail of judges
♡ SC can appoint all officials and employees of the Judiciary

Qualifications for appointment to the Judiciary

❁ of proven competence, integrity, probity and independence
❁ natural born citizen of the Philippines
❁ at least 40 years of age*
❁ for 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines*
❁ member of the Philippine Bar**
* - SC; ** - lower courts (Congress may also prescribe other qualifications)
Procedure for appointment
❁ appointed by the President of the Philippines from among a list of at least 3 nominees prepared
by the JBC for every vacancy; appointment shall need no confirmation
❁ any vacancy in the SC shall be filled within 90 days from the occurrence thereof
❁ for lower courts, the President shall issue the appointment within 90 days from the submission
of the JBC of such list

♡ Prohibition on midnight appointment does not extend to members of the SC; only applies to
appointments made in the Executive Department, which further requires confirmation

Composition of the JBC

❁ ex-officio members
✧ Chief Justice, as Chairman
✧ Secretary of Justice
✧ representative of Congress
❁ regular members
✧ representative of the IBP
✧ professor of law
✧ retired justice of the SC
✧ representative of the private sector
❁ Secretary ex-officio: Clerk of SC

♡ Regular members shall be appointed by the President for a term of 4 years

♡ The JBC has the principal function of recommending appointees to the Judiciary

44
Composition of the SC
❁ Chief Justice
❁ 14 Associate Justices

en banc: all cases involving the constitutionality of a treaty, intl or executive agreement, or
law;
all other cases which under the RC are to be heard en banc, including those involving
the constitutionality, application or operation of presidential decrees, proclamations,
orders, instructions, ordinances and other regulations
division: other cases or matters

♡ No doctrine or principle of law laid down by the court in a decision rendered en banc or in division
may be modified or reversed except by the court sitting en banc

♡ The SC has original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus

Appellate jurisdiction (review, revise, reverse, modify, or affirm on appeal or certiorari as the law or
Rules of Court may provide)
❁ cases in which the constitutionality or validity of any treaty, intl or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance or regulation is in question
❁ cases involving the legality of any tax, impost, assessment or toll, or any penalty imposed in
relation thereto
❁ cases in which the jurisdiction of any lower court is in issue
❁ criminal cases in which the penalty imposed is reclusion perpetua or higher
❁ cases in which only an error or question of law is involved

♡ The appellate jurisdiction of the SC over decisions and final orders of the Sandiganbayan is limited
to questions of law

question of law: exists when the doubt or controversy concerns the correct application of law
or jurisprudence to a certain set of facts;
when issue does not call for an examination of the probative value of the
evidence presented, the truth or falsehood of facts being admitted

rule-making power: promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice and procedure in all courts, the admission to the
practice of law, the Integrated Bar, and legal assistance to the underprivileged

Limitations on the rule-making power

❁ rules must provide a simplified and inexpensive procedure for the speedy disposition of cases
❁ rules must be uniform for all courts of the same grade
❁ and must not diminish, increase or modify substantive rights

writ of amparo: remedy available to any person whose right to life, liberty and security is violated
or threatened with violation by an unlawful act or omission of a public official or
employee, or of a private individual or entity
writ of habeas data: independent remedy to protect the right to privacy,
especially the right to informational privacy
writ of Kalikasan: available to a natural or juridical person, entity authorized by law, people’s
organization, non-governmental organization, or any public interest group
accredited by or registered with any government agency, on behalf of persons
whose constitutional right to a balanced and healthful ecology is violated, or
45
 threatened with violation by an unlawful act or omission of a public official or
employee, or private individual or entity, involving environmental damage of such
magnitude as to prejudice the life, health or property of inhabitants in two or
more cities of provinces
writ of continuing mandamus: any agency or instrumentality of the govt or officer thereof
unlawfully neglects the performance of an act which the law
specifically enjoins as a duty resulting from an office, trust or
station in connection with the enforcement or violation of an
environmental law, rule or regulation or a right therein, or unlawfully
excludes another from the use or enjoyment of such right, and
there is no other plain, speedy and adequate remedy in the ordinary
course of law

♡ With the final and executory judgment, the writ of continuing mandamus issued in the Decision
means that until the govt agencies concerned have shown full compliance with the Court orders, the
Court exercises continuing jurisdiction over them until full execution of the judgment

SLAPP: strategic lawsuit against public participation;

legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that
any person, institution or the govt has taken or may take in the enforcement of
environmental laws, protection of the environment or assertion of environmental rights

♡ Congress cannot amend the Rules of Court

♡ The SC appoints all officials and employees of the Judiciary in accordance with the CS Law
♡ The SC shall have administrative supervision over all courts and the personnel thereof

♡ The 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 Supreme Court for appropriate action

♡ Conclusion in any case submitted to it for decision shall be reached in consultation before the case
is assigned to a member for the writing of the opinion of the Court
♡ Consultation shall not apply to administrative cases
♡ The decision shall state clearly and distinctly the facts and the law in which it is based

memorandum decisions: species of succinctly written decisions by appellate courts in accordance

with the provisions of BP 129;
adopt by reference the findings of fact and conclusions of law contained
in the decisions of inferior tribunals;
to be valid, it cannot incorporate the findings of fact and the conclusions
of law of the lower court only by means of remote reference, which is
to say that the challenged decision is not easily and immediately available
to the person reading the memorandum decision

♡ A decision need not be a complete recital of the evidence presented; so long as the factual and
legal basis are clearly and distinctly set forth supporting the conclusions drawn therefrom, the decision
arrived at is valid
♡ It is imperative that the decision not simply be limited to the dispositive portion but must state
the nature of the case, summarize the facts with reference to the record, and contain a statement
of applicable laws and jurisprudence and the tribunal’s statement and conclusions on the case

♡ No petition for review or motion for reconsideration shall be refused due course or denied without
stating the legal basis therefor
♡ “Lack of merit” is sufficient declaration of the legal basis for denial of petition for review or
motion for reconsideration
46
♡ Judges of lower courts shall hold office during good behavior until they reach the age of 70 years
or become incapacitated to discharge the duties of their office
♡ The SC en banc shall have the power to discipline judges of lower courts, or order their dismissal
by a vote of majority of the members who actually took part in the deliberations on the issues and
voted thereon

♡ In the absence of any administrative action taken against the RTC Judge by the Supreme Court
with regard to his certificate of service, the investigation being conducted by the Ombudsman
encroaches into the SC’s power of administrative supervision over all courts and its personnel, in
violation of the doctrine of separation of powers
♡ Grounds for removal of a judicial officer should be established beyond reasonable doubt, particularly
where the charges on which the removal is sought are misconduct in office, willful neglect, corruption,
incompetence, etc
♡ Judges cannot be disciplined for every erroneous order or decision rendered in the absence of a
clear showing of ill motive, malice or bad faith; however, absence of bad faith or malice will not totally
exculpate them from charges of incompetence and ignorance of the law when they render decisions
that are totally bereft of factual and legal bases

Periods for decision

❁ SC: 24 months
❁ lower collegiate courts: 12 months*
❁ all other lower courts: 3 months*
*unless period is reduced by the SC

♡ Judges are repeatedly reminded that failure to decide cases within the prescribed period is not
excusable and constitutes gross inefficiency which is a ground for administrative sanction against the
defaulting judge.
♡ Although the failure of the Judge to resolve cases submitted for decision within the period fixed
by law may constitute undue delay, it is not tantamount to dereliction of duty
♡ The court does not lose jurisdiction over the case, despite the lapse of the mandatory period, but
the erring judge or justice may be subjected to administrative sanctions for the delay

47
 Constitutional Commissions
Independent Constitutional Commissions
❁ Civil Service Commission
❁ COMELEC
❁ COA

Safeguards insuring the independence of the Commissions

❁ they are constitutionally created; may not be abolished by statute
❁ each is expressly described as “independent”
❁ each is conferred certain powers and functions which cannot be reduced by statute
❁ the Chairmen and members are given a fairly long term of office of 7 years
❁ the Chairmen and members may not be reappointed or appointed in an acting capacity

♡ The Commissions enjoy fiscal autonomy

♡ Each Commission may promulgate its own procedural rules, provided they do not diminish, increase
or modify substantive rights

Inhibitions/Disqualifications
❁ shall not, during tenure, hold any other office or employment
❁ shall not engage in the practice of any profession
❁ shall not engage in the active management or control of any business which in any way may be
affected by the functions of his office
❁ shall not be financially interested, directly or indirectly, in any contract with, or in any franchise or
privilege granted by the Govt, any of its subdivisions, agencies or instrumentalities, including GOCC or
their subsidiaries

rotational scheme of appointments:
first appointees shall serve terms of 7, 5 and 3 years,
respectively
Conditions
✧ terms of the first commissioners should start on a
common date
✧ any vacancy due to death, resignation or disability before
the expiration of the term should be filled only for the
unexpired balance of the term

♡ Each Commission shall decide by 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
♡ When the COMELEC en banc is equally divided in an opinion, and the necessary majority cannot
be had, there shall be a rehearing; if on rehearing, no majority decision is reached, the action or
proceeding shall be dismissed if originally commenced in the Commission, in appealed cases, the
judgment or order appealed from shall stand affirmed, and in all incidental matters, the petition or
motion shall be denied

♡ Final resolutions of CSC shall be appealable by certiorari to the CA within 15 days from receipt of
a copy thereof
♡ The SC held that the proper mode of appeal from the decision of the CSC is a petition for review
under Rule 43 filed with the CA
48
♡ Final decisions of the CSC are enforceable by a writ of execution that the CSC may itself issue

Composition of CSC
❁ Chairman
❁ 2 Commissioners

Qualifications of Commissioners
❁ at the time of their appointment, at least 35 years of age
❁ with proven capacity for public administration
❁ must not have been candidates for any elective position in the election immediately preceding their
appointment

Constitutional objectives/functions
❁ to establish a career service and adopt measures to promote morale, efficiency, integrity,
responsiveness, progressiveness and courtesy in the civil service
❁ to strengthen the merit and reward system, integrate all human resources development programs
for all levels and ranks, and to institutionalize a management climate conducive to public accountability

♡ The CSC enjoys wide latitude of discretion, and may not be compelled by mandamus to issue such
eligibility
♡ The Commission has original jurisdiction to hear and decide a complaint for cheating in the CSC
examinations committed by govt employees.
♡ The CSC embraces all branches, subdivisions, instrumentalities and agencies of the Govt, including
GOCCs with original charters

Classes of service
❁ career service
❁ non-career service
❁ exempt from the competitive examination requirement

career service: characterized by entrance based on merit and fitness to be determined, as far
as practicable by competitive examinations, or based on highly technical
qualifications; opportunity for advancement to higher career positions; and security
of tenure
✧ open career positions: where prior qualification in an approximate examination
is required
✧ closed career positions: scientific or highly technical in nature
✧ career executive service: undersecretaries, bureau directors
✧ career officers: those in the foreign office (other thank those belonging to
the CES^, who are appointed by the President)
✧ position in the Armed Forces of the Philippines
✧ personnel of GOCCs with original charters
✧ permanent laborers; skilled, semi-skilled or unskilled

Requisites for security of tenure in the CES (covers Presidential appointees only)
❁ pass the career executive service examination
❁ be conferred Career Executive eligibility
❁ comply with the other requirements prescribed by the CES Board
❁ be appointed to a CES rank by the President
49
♡ The security of tenure of employees in the Career Executive Service (except first and second
level employees in the CS) pertains only to rank, and not to the office or the position to which they
may be appointed
♡ A career executive service officer suffers no diminution in salary even if assigned to a 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

Criteria to determine whether position belongs to CES

❁ position belongs to the career service of the civil service
❁ position is above division chief
❁ position entails performance of executive or managerial functions

♡ A person who does not have the requisite qualifications for the position cannot be appointed to
it in the first place or, only as an exception to the rule, may be appointed to it only in an acting
capacity in the absence of appropriate eligible

non-career service: characterized by entrance on bases other than those of the usual tests
utilized for the career service; tenure limited to a period specified by law, or
which is co-terminus with that of the appointing authority or subject to his
pleasure, or which is limited to the duration of a particular project for which
purpose the employment was made
✧ elective officials, and their personal and confidential staff
✧ department heads and officials of Cabinet rank who hold office at the
pleasure of the President, and their personal and confidential staff
✧ Chairmen and members of commissions and boards with fixed terms of
office, and their personal and confidential staff
✧ Contractual personnel or those whose employment in govt is in accordance
with a special contract to undertake a specific work or job requiring special
or technical skills not available in the employing agency, to be accomplished
within a specific period not exceeding 1 year, under their own responsibility,
with the minimum direction and supervision
✧ emergency and seasonal personnel

♡ The CSC is expressly empowered to declare positions in the Civil Service as primarily confidential;
which signifies that the enumeration in the CS decree, which defines the non-career service, is not
an exclusive list

♡ Appointments in the CS are made only according to merit and fitness, to be determined as far as
practicable, and except to positions which are policy determining, primarily confidential or highly technical,
by competitive examination

♡ The classification of a particular position as policy-determining, primarily confidential or highly

technical amounts to no more than an executive or legislative declaration that is not conclusive upon
the courts, the true test being the nature of the position
♡ A permanent appointment can issue only to a person who possesses all the requirements for the
position to which he is appointed; exception to this is where, in the absence of appropriate eligible,
he or she may be appointed to the position merely in a temporary capacity for a period of 12 months,
unless sooner terminated by the appointing authority

Exempt from competitive examination requirement

❁ policy determining: officer lays down principal or fundamental guidelines or rules;
formulates a method of action for govt or any of its subdivisions
50
 ❁ 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 or freedom from misgivings or
betrayals on confidential matters of state; or one declared to be so by
the President of the Philippines upon recommendation of the CSC
❁ highly technical: requires possession of technical skill or training in a supreme or superior
degree

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 that he can share a close intimate relationship with the occupant
which ensures freedom of discussion without fear of embarrassment or misgivings
of possible betrayals of personal trust or confidential matters of State

♡ The appointing authority has the right of choice which he may exercise freely according to his
best judgment, deciding for himself who is best qualified among those who have the necessary
qualifications and eligibilities
♡ The CSC cannot convert a temporary appointment into a permanent one, as it would constitute
an arrogation of a power properly belonging to the appointing authority

Disqualifications
❁ no candidate who has lost in any election shall, within 1 year after such election, be appointed to
any office in the Govt or any GOCC or in any of their subsidiaries
❁ no elective official shall be eligible for appointment or designation in any capacity to any public
office or position during his tenure
❁ unless otherwise allowed by law or by the primary functions of his position, no appointive official
shall hold any other office or employment in the Govt or any subdivision, agency or instrumentality
thereof, including GOCC or their subsidiaries

♡ Where the other posts are held by a public officer in an ex-officio capacity as provided by law or
as required by the primary functions of his position, there is no violation, because the other posts
do not comprise “any other office” but are properly an imposition of additional duties and functions
on the said public officer

♡ No officer or employee of the civil service shall be removed or suspended except for cause as
provided by law
♡ Non-compliance with the grounds and the procedure for investigation of charges and the discipline
of (career) civil service officers and employees provided in the CS Law shall constitute a denial of
the right to security of tenure
♡ Unconsented transfer of the officer, resulting in demotion in rank or salary, is a violation of the
security of tenure clause in the Const
♡ Valid abolition of office does not violate the constitutional guarantee of security of tenure
♡ A career service officer or employee who has been unlawfully ousted from his office has 1 year
within which to file an action in court to recover his office, otherwise the right to recover the same
prescribes

♡ No officer or employee in the civil service shall engage, directly or indirectly, in any electioneering
or partisan political campaign

♡ The right to self-organization shall not be denied to govt employees, except strike.

♡ Temporary employees of the Govt shall br given such protection as may be provided by law

51
Composition of COA
❁ Chairman
❁ 2 Commissioners

Qualifications of Commissioners
❁ at least 35 years of age
❁ CPAs with not less than 10 years of auditing experience or members of the Philippine Bar with
at least 10 years practice of law
❁ must not have been candidates in the election immediately preceding the appointment

♡ At no time shall all members belong to the same profession

Powers and duties

❁ examine, audit and settle all accounts pertaining to the revenue and receipts of, and expenditures
or uses of funds and property owned or held in trust or pertaining to, the Govt
❁ keep the general accounts of 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 techniques 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 expenditures or uses
of govt funds or property

♡ No law shall be passed exempting any entity of Govt, or any investment of public funds, from
the jurisdiction of the COA

























52
 Accountability of Public Officers
♡ Public office is a public trust
♡ Public officers and employees must at all times be accountable to the people, serve them with
utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest
lives

impeachment: national inquest into the conduct of public men;

power of Congress to remove a public official for serious crimes or misconduct as
provided in the Const

Impeachable officers
❁ President
❁ Vice President
❁ Chief Justice
❁ Associate Justices
❁ Members of the Constitutional Commissions
❁ Ombudsman

♡ An impeachable officer who is a member of the Philippine Bar cannot be disbarred without first
being impeached

♡ The HOR shall have the exclusive power to initiate all cases of impeachment

Impeachment proceedings are deemed initiated

❁ there is a finding by the House Committee on Justice that the verified complaint and/or resolution
is not sufficient in substance
❁ once the House itself affirms or overturns the finding of the Committee on Justice that the
verified complaint and/or resolution is not sufficient in substance
❁ by the filing or endorsement before the Sec Gen of the HOR of a verified complaint or a
resolution of impeachment by at least 1/3 of the members of the House

♡ A verified complaint for impeachment may be filed by any Member of the HOR or by any citizen
upon a resolution of endorsement by any member thereof
♡ Impeachment cases shall not be initiated more than once within a period of 1 year against the
same official
♡ The Senate shall have the sole power to try and decide all cases of impeachment
♡ When the President of the Philippines is on trial, the Chief Justice of the SC shall preside, but
shall not vote; decision of conviction must be concurred in by at least 2/3 of all the members of
the Senate

♡ The official shall be removed from office and be further disqualified to hold any office under the
RP
♡ The party convicted shall be liable and subject to prosecution, trial and punishment according to
law
♡ The Court has the power to review justiciable issues in an impeachment proceeding

Composition of Sandiganbayan
❁ Presiding Justice
53
❁ 20 Associate Justices

♡ The SB sits in 7 divisions of 3 members each

* take note of jurisdiction of SB *

♡ The RTC shall have exclusive jurisdiction where the information 1does not allege any damage to
the govt or any bribery or 2alleges damages to the govt or bribery arising from the same or closely
related transactions or acts in an amount not exceeding P1M

♡ All 3 members of a division shall deliberate on all matters submitted for judgment, decision, final
order or resolution
♡ The concurrence of a majority of the members of a division shall be necessary to render a
judgment, decision or final order, or to resolve interlocutory or incidental motions

Ramifications of Sec 7, RA 8249

❁ if trial of the cases pending before whatever court has already begun as of the approval of RA
8249, the law does not apply
❁ if trial of the cases pending before whatever court has not begun as of the approval of RA 8249,
then the law applies
✧ if the SB has jurisdiction over a case pending before it, then it retains jurisdiction
✧ if the SB has no jurisdiction over a case pending before it, the case shall be referred to
the regular courts
✧ if the SB has jurisdiction over a case pending before a regular court, the latter loses
jurisdiction and the same shall be referred to the SB
✧ if a regular court has jurisdiction over a case pending before it, then said court retains
jurisdiction

♡ Decisions of the SB shall be reviewable by the SC on a petition for certiorari

♡ 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 govt or public funds
or property is filed
♡ The appellate jurisdiction of the SC over decisions and final orders of the SB is limited to questions
of law

Composition of the Ombudsman

❁ Ombudsman (Tanodbayan)
❁ 1 overall Deputy
❁ at least 1 Deputy each for Luzon, Visayas and Mindanao
❁ separate Deputy for the military establishment

Qualifiations
❁ natural-born citizen of the Philippines
❁ at least 40 years of age
❁ of recognized probity and independence
❁ members of the Philippine Bar
❁ must not have been candidates for any elective office in the immediately preceding election
❁ Ombudsman must have been a judge or engaged in the practice of law for 10 years or more

54
♡ Appointment of Ombudsman and his Deputies shall be by the President from a list of at least 6
nominees prepared by the JBC from a list of at least 3 nominees for every vacancy thereafter
♡ They shall have a term of 7 years without reappointment

♡ The Office of the Ombudsman shall enjoy fiscal autonomy

Disqualifications
❁ shall not hold any other office or employment during their tenure
❁ shall not engage in the practice of any profession or in the active management or control of any
business which in any way may be affected by the functions of his office
❁ shall not be financially interested, directly or indirectly, in any contact with, or in any franchise or
privilege granted by the Govt, or any of its subdivisions, etc
❁ shall not be qualified to run for any office in the election immediately succeeding their cessation
from office

♡ The Ombudsman may be removed from office only on impeachment for, and conviction of, culpable
violation of the Const, treason, bribery, graft and corruption, other high crimes, or betrayal of the
public trust

♡ The President has disciplinary action over a Deputy Ombudsman and the Special Prosecutor
♡ It is the Ombudsman who exercises administrative disciplinary jurisdiction over her Deputies

Requisites of GOCC
❁ an agency organized as a stock or non-stock corporation
❁ vested with functions relating to public needs, whether governmental or proprietary
❁ owned by the Govt directly or through its instrumentalities, either wholly or, where applicable as
in the case of stock corporations, to the extent of at least 51% of its capital stock

♡ The Office of the Ombudsman has no jurisdiction to investigate employees of GOCCs organized
under the Corporation Code
♡ The fact that the Ombudsman may start an investigation on the basis of any anonymous letter
does not violate the equal protection clause; for purposes of initiating a preliminary investigation
before the Ombudsman, a complaint “in any form or manner” is sufficient
♡ The Ombudsman or his deputy is authorized to preventively suspend any officer or employee
under his authority pending an investigation irrespective of whether such officer or employee is
employed in the Office of the Ombudsman or in any other govt agency
♡ The Ombudsman is granted by law the power to cite for contempt while conducting preliminary
investigation since it is an exercise of quasi-judicial functions

♡ All appeals from the Ombudsman shall be made to the CA

♡ The Ombudsman is clothed with the authority to conduct preliminary investigation and to prosecute
all criminal cases involving public officers and employees, not only those within the jurisdiction of the
Sandiganbayan, but those within the jurisdiction of regular courts as well.
♡ The power of the Ombudsman to investigate and to prosecute, as granted by law, is plenary and
unqualified; pertains to any act or omission of any public officer or employee which appears to be
illegal, unjust, improper or inefficient

♡ It is not for the Court to review the Ombudsman’s paramount discretion in prosecuting or dismissing
a complaint filed before his office; not based only upon respect for the investigatory and prosecutor
powers granted by the Const to the Office of the Ombudsman but upon practicality as well

55
♡ The Ombudsman has the power to impose penalties in administrative cases.
♡ The Ombudsman has the constitutional power to directly remove from govt service an erring public
official, other than a Member of Congress or of the Judiciary
♡ The Ombudsman has the authority to determine the administrative liability of a public official or
employee at fault, and direct and compel the head of the office or agency concerned to implement
the penalty imposed
♡ The refusal, without just cause, of any officer to comply with such an order of the Ombudsman
to penalize an erring officer or employee is a ground for disciplinary action
♡ When a public official has been found guilty of an administrative charge by the Office of the
Ombudsman and the penalty imposed is suspension for more than one month, an appeal may be
made to the CA
♡ Where the respondent is absolved of the charge, or in case of conviction where the penalty
imposed is public censure or reprimand, or suspension for a period not more than one month, or a
fine equivalent to one month’s salary, the Ombudsman’s decision shall be final, executory and
unappealable
♡ The Ombudsman has the power to impose the penalty of removal, suspension, demotion, fine or
censure in the exercise of its administrative disciplinary authority
♡ Where the Office of the Ombudsman fails to investigate a case in an expedient manner through
its own fault, the right of the accused to speedy disposition of cases is deemed violated

♡ The Special Prosecutor is without authority to conduct preliminary investigations and to direct the
filing of criminal cases with the SB, except upon orders of the Ombudsman

♡ The right of the State to recover properties unlawfully acquired by public officials or employees
shall not be barred by prescription, laches or estoppel.
♡ This provision^ only applies to civil actions and not to criminal cases
♡ This provision against estoppel does not apply in the case of the grant of criminal and civil
immunity, including the immunity against being compelled to testify in any foreign or domestic
proceeding, other than the civil and arbitration cases identified in the Immunity Agreement

56
 National Economy and Patrimony
Goals
❁ more equitable distribution of opportunities, income and wealth
❁ sustained increase in amount of goods and services produced by the nation for the benefit of
the people
❁ expanding production as the key to raising the quality of life for all especially the underprivileged

♡ For the attainment of these goals, the State shall promote industrialization and full employment
based on sound agricultural development and agrarian reform, through industries that make full and
efficient use of human and natural resources, and which are competitive in both domestic and foreign
markets.

Regalian Doctrine: universal feudal theory that all lands were held from the Crown

♡ All lands of the public domain, waters, minerals, coal, petroleum and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are
owned by the State. With exception of agricultural lands, all other resources shall not be alienated

♡ Before any land may be classified from the forest group and converted into alienable or disposable
land for agricultural or other purposes, there must be a positive act from the Govt
♡ The mere fact that a title was issued by the Director of Lands does not confer ownership over
the property covered by such title where the property is part of the public forest
♡ In absence of proof that property is privately owned, the presumption is that it belongs to the
State
♡ All lands not otherwise appearing to be clearly within private ownership are presumed to belong to
the State
♡ The State has the power to control mining claims

♡ The task of administering and disposing lands of the public domain belongs to the Director of
Lands and, ultimately, the Secretary of Environment and Natural Resources.
♡ The classification of lands is an exclusive prerogative of the Executive Dept through the Office
of the President

♡ Forest land is not capable of private appropriation and occupation in the absence of a positive act
of the Govt declassifying it into alienable or disposable land for agricultural or other purposes
♡ Where there is yet no award or grant to petitioner of the land in question by free patent or
other ways of acquisition of public land, petitioner cannot lawfully claim ownership of the land

imperium: govt authority possessed by the State which is appropriately embraced in sovereignty,
and its capacity to own or acquire property
dominium: appropriate with reference to lands held by the State in its proprietary character

❁ co-production, joint venture or production Filipino citizens, corporation or associations at

sharing agreements for exploration, development least 60% of whose capital is Filipino owned
and utilization of natural resources
❁ use and enjoyment of the nation’s marine exclusively for Filipino citizens
wealth in its archipelagic waters, territorial sea
and EEZ; UCLOS

57
 ❁ alienable lands of the public domain (limited only Filipino citizens may acquire not more than
to agricultural lands) 12 hectares by purchase, homestead, or grant or
lease not more than 500 hectares
private corporations may lease nor more than
1000 hectares for 25 years, renewable for
another 25 years
❁ certain areas of investment reserved for Filipino citizens or corporations
60% of whose capital is Filipino owned, although
Congress may prescribe a higher percentage of
Filipino ownership
❁ franchise, certificate or any other form of only to citizens of the Philippines or corporations
authorization for the operation of a public utility for at least 60% of whose capital is Filipino
owned

♡ In the grants of rights, privileges and concessions covering the national economy and patrimony,
the State shall give preference to qualified Filipinos
♡ On the question of whether the term “capital” refers to the total common shares only, or to the
total outstanding capital stock (combined total of common and non-voting preferred shares), the SC
ruled that it refers only to shares of stock entitled to vote in the election of directors, and thus in
this case, only to common shares
♡ Mere legal title is insufficient to meet the 60% Filipino-owned “capital” required in the Const; full
beneficial ownership of 60% of the outstanding capital stock, coupled with 60% of the voting rights
is required

Philippine national: citizen of the Philippines, or a domestic partnership or corporation wholly

owned by citizens of the Philippines, or a corporation organized under the
laws of the Philippines of which 60% of the capital stock outstanding and
entitled to vote is owned and held by citizens of the Philippines

♡ A franchise, certificate or authorization shall not be exclusive not for a period more than 50 years,
and shall be subject to amendment, alteration or repeal by Congress
♡ All executive and managing officers must be Filipino citizens

♡ A franchise to operate a public utility is not an exclusive private property of the franchisee; no
franchisee can demand or acquire exclusivity in the operation of a public utility
♡ A franchise from Congress is not required before each and every public utility may operate; unless
there is a law that specifically requires a legislative franchise for the operation of a public utility,
particular agencies in the executive department may issue authorization or licenses for the operation
of certain classes of public utilities
♡ The Const, in no uncertain terms, requires the franchise for the operation of public utilities;
however, it does not require a franchise before one can own the facilities needed to operate a public
utility so long as it does not operate them to serve the public
♡ What constitutes a public utility is not their ownership but their use to the public
♡ A public utility is one organized “for hire or compensation” to serve the public, which is given the
right to demand its service

public utility: business or service engaged in regularly supplying the public with some commodity
or service of public consequence, such as electricity, gas, water, transportation,
telephone or telegraph service;
must be necessary for the maintenance of life and occupation of the residents
implies public use and service to the public

♡ All broadcasting, whether by radio or television stations is licensed by the Govt

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♡ Lands of public domain are classified into agricultural, forest or timber, mineral lands and national
parks
♡ Classification of public lands is a function of the executive branch of govt, specifically the Director
of the Land Management Bureau
♡ The decision of the Director, when approved by the Secretary of the DENR, as to questions of
fact, is conclusive upon the courts

♡ Alienable lands of the public domain shall be limited to agricultural lands

♡ The classification and the reclassification of public lands are the prerogative of the Executive Dept
♡ Forest land cannot be owned by private persons; it is not registrable, and possession thereof, no
matter how lengthy, cannot convert it into private land, unless the land is reclassified and considered
disposable and alienable
♡ To prove that the land subject of an application for registration is alienable, an application must
conclusively establish the existence of a positive act of the govt such as a presidential proclamation
or an executive order or administrative action, investigation reports of the Bureau of Lands Investigator,
or a legislative act or statute
♡ Alienable lands of the public domain may be disposed of, among others, by judicial confirmation of
imperfect or incomplete title.
♡ What is required is open, continuous, exclusive and notorious possession and occupation under a
bona fide claim of ownership for a period of at least 30 years
♡ Foreshore land is that part of the land which is between the high and low water, and left dry by
the flux and reflux of the tides; it is part of the alienable land of the public domain and may be
disposed of only by lease and not otherwise

♡ Private corporations or associations may not hold such alienable lands of the public domain except
by lease
♡ Where the land was acquired in 1962 when corporations were allowed to acquire lands not exceeding
1,024 hectares, the same may be registered in 1982, despite the constitutional prohibition against
corporations acquiring lands of the public domain

♡ Congress shall determine the specific limits of forest lands and national parks, marking clearly their
boundaries on the ground

♡ The State shall protect the rights of indigenous cultural communities to their ancestral lands to
ensure their economic, social and cultural well-being

♡ The PEZA, through its building officials has the authority to issue building permits for the
construction of structure within the areas owned and administered by it whether on public or private
lands

Stewardship Concept: the use of property bears a social function, and all economic agents shall
contribute to the common good;
individuals and private groups, including corporations, cooperatives and similar
collective organizations, shall have the right to own, establish and operate
economic enterprises, subject to the duty of the State to promote
distributive justice and to intervene when the common good so demands

♡ Save in cases of hereditary succession, no private lands shall be transferred or conveyed except
to individuals, corporations or associations qualified or hold lands of the public domain
♡ The primary purpose of the constitutional provision disqualifying aliens from acquiring lands of the
public domain and private lands is the conservation of the national economy and patrimony

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♡ When the purchase is made in violation of an existing statute, no trust can result in favor of the
guilty party; to allow reimbursement would, in effect, permit respondent to enjoy the fruits of the
property which he is not allowed to own

♡ Land tenure is not indispensable to the free exercise of religious profession and worship; a religious
corporation, controlled by non-Filipinos, cannot require and own lands even for a religious use or
purpose
♡ For a religious corporation sole to acquire lands, it must appear that at least 60% of the faithful
or its members are citizens of the Philippines in order to comply with the citizenship requirement
♡ Land sold to an alien which was later transferred to a Filipino citizen – or where the alien later
becomes a Filipino citizen – can no longer be recovered by the vendor, because there is no longer
any public policy involved

Exceptions to the rule

❁ hereditary succession
❁ natural born citizen of the Philippines who has lost his Philippine citizenship may be a transferee
of private lands, subject to limitations provided by law
❁ Americans hold valid title to private lands as against private persons

♡ A natural-born citizen of the Philippine who lost his Filipino citizenship may be the transferee of
private land up to a maximum of 5,000 sq m, if urban, or 3 hectare, if rural, to be used by him as
his residence
♡ American citizens and American-owned and controlled corporations cannot validly acquire private
agricultural lands under the Parity Amendment since the exceptional rights granted to them under the
said Amendment refer only to agricultural, mineral and timber lands of the public domain and natural
resources, and conduct and operation of public utilities
♡ Titles to private lands acquired by such persons before July 3, 1974 shall be valid as against
private persons only
♡ A previous owner may no longer recover the land from an American buyer who succeeded in
obtaining title over the land

Remedies to recover private land from disqualified alien

❁ escheat proceedings
❁ action for reversion
❁ action for recovery filed by the former Filipino owner

♡ The Director of Lands has the authority and the specific duty to conduct investigations of alleged
fraud in obtaining free patents and the corresponding titles to alienable public lands, and if facts
disclosed in the investigation warrant, to file the corresponding court action for reversion of the land
to the State
♡ The action of the State for reversion to public domain of land fraudulently granted to private
individuals is imprescriptible
♡ The State can be put in estoppel by the mistakes or errors of its officials or agents; estoppel
against the State is not favored, it may be invoked only in rare and unusual circumstances as it
would operate to defeat the effective operation of a policy adopted to protect the public

♡ The Cooperative Development Authority is devoid of any quasi-judicial authority to adjudicate intra-
cooperative disputes and, more particularly, disputes related to the election of officers and directors
of cooperatives; it may only conduct hearings and inquiries in the exercise of its administrative
functions

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♡ The State shall regulate or prohibit monopolies when the public interest so requires; no combinations
in restraint of trade or unfair competition shall be allowed

monopoly: privilege or peculiar advantage vested in one or more persons or companies, consisting
in the exclusive rights or power to carry on a particular business or trade, manufacture
a particular article or control the sale of a particular commodity

♡ The desirability of competition is the reason for the prohibition against restraint of trade, the
reason for the interdiction of unfair competition, and the reason for the prohibition of unmitigated
monopolies
♡ Although the Const enshrines free enterprise as a policy, it nevertheless reserves to the Govt the
power to intervene whenever necessary for the promotion of the general welfare
♡ The framers of the Const were well aware that trade must be subjected to some form of
regulation for the public good; public interest must be held over business interests

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 Social Justice and Human Rights
♡ The Congress shall give highest priority to the enactment of measures that protect and enhance
the right of all the people to human dignity, reduce social, economic and political inequalities, and
remove cultural inequities by equitably diffusing wealth and political power for the common good
♡ While the pursuit of social justice can have revolutionary effect, it cannot justify breaking the law

♡ Employees in the civil service may not resort to strikes, walkouts and other temporary work
stoppages to pressure the Govt to accede to their demands
♡ The ability to strike is not essential to the right to association, and that the right of the sovereign
to prohibit strikers or work stoppages was clearly recognized at common law

♡ The constitutional requirement that the eviction of squatters and the demolition of their shanties
shall be done in accordance with law does not mean that the validity or legality of the demolition or
eviction hinges on the existence of a resettlement area designated or earmarked by the Govt
♡ The law allows summary evictions and demolitions in cases where persons or entities occupy
danger areas and when persons or entities occupy areas where govt infrastructure projects with
available funding are about to be implemented

Order to be followed in acquiring lands for socialized housing

❁ govt lands
❁ alienable lands of the public domain
❁ unregistered, abandoned or idle lands
❁ lands within the declared Areas for Priority Development, Zonal Improvement Program sites, Slum
Improvement and Resettlement sites which have not yet been acquired
❁ BLISS sites which have not yet been acquired
❁ privately owned lands

Conditions for mode of expropriation

❁ it shall be resorted to only when the other modes of acquisition have been exhausted
❁ parcels owned by small property owners are exempt from such acquisition

small property owners: ✧ owners of residential lands with an area not more than 300 sq m in
urbanized cities and not more than 800 sq m in other urban areas
✧ they do not own residential property other than the same

♡ The urban tenant’s right of first refusal (pre-emotive right) can be exercised only where the
disputed land is situated in an area declared to be an area for priority development (APD) and an
urban land reform zone

Composition of CHR
❁ Chairman
❁ 4 members
✧ natural-born citizens of the Philippines
✧ majority of whom shall be members of the Bar

♡ The power to appoint the Chairman and members of the Commission is vested in the President
of the Philippines, without need of confirmation by the Commission on Appointments
♡ CHR does not enjoy fiscal autonomy
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♡ The CHR does not have jurisdiction or adjudicatory powers over certain specific types of cases,
like alleged human rights violations involving civil or political rights, the SC said that it does not; “it
was not meant by the fundamental law to be another court or quasi-judicial agency in this country,
or duplicate much less take over the functions of the latter
♡ The CHR, not being a court of justice, cannot issue writs of injunction or a restraining order
against supposed violators of human rights
♡ Evicting squatters is not a violation of human rights
♡ The CHR’s findings of human rights violations are merely investigative in character, and not binding
on the courts
♡ The power to initiate an investigation and to refer the matter to the Office of the Ombudsman
is within the power of the CHR as an entity with its own distinct personality and is recognized by
no less than the Const

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 Education, Science and Technology, Arts, Culture and Sports
♡ The State shall give priority to education, science and technology, arts, culture and sports to foster
patriotism and nationalism, accelerate social progress, and promote total human liberation and
development
♡ The State shall protect and promote the right of all citizens to quality education at all levels and
shall take appropriate steps to make such education accessible to all
♡ Constitutional mandate for the State to establish adequate and relevant education, free public
elementary and high school education, scholarship grants and loan programs, out-of-school study
programs, and adult education

The Constitutional objectives of education

❁ inculcate patriotism and nationalism
❁ foster love of humanity, respect for human rights, appreciation of the role of national heroes in
the historical development of the country
❁ teach the rights and duties of citizenship
❁ strengthen ethical and spiritual values
❁ develop moral character and personal discipline
❁ encourage critical and creative thinking
❁ broaden scientific and technological knowledge
❁ promote vocational efficiency

♡ Educational institutions shall be solely owned by Filipino citizens or corporations 60% owned, except
those established by religious groups or mission boards, but Congress may increase required Filipino
equity participation
♡ Control and administration should be vested in the citizens of the Philippines
♡ No educational institutions shall be established exclusively for aliens, and no group of aliens shall
comprise more than 1/3 of the enrolment in any school, except schools for foreign diplomatic personnel
and their dependents, and for other foreign temporary residents
♡ All revenue and assets of non-stock, non-profit educational institution – as well as all grants,
endowments, donation and contributions – used actually, directly and exclusively for educational purposes,
shall be exempt from taxes and duties

♡ Academic freedom shall be enjoyed in all institutions of higher learning

Two views on academic freedom

❁ from the standpoint of the educational institution: the freedom of the university to determine
“who may teach, what may be taught, how it shall be taught, and who may be admitted to study”
❁ from the standpoint of the members of the academe: the freedom of the teacher or research
worker in higher institutions of learning to investigate and discuss the problems of his science and
to express his conclusions, whether through publication or in the instruction of students, without
inference from political or ecclesiastical authority, or from the administrative officials of the institution
in which he is employed, unless his methods are found by qualified bodies of his own profession to
be completely incompetent or contrary to professional ethics

Limitations
❁ dominant police power of the State
❁ social interests of the community

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Minimum standards of procedural due process
❁ students must be informed in writing of the nature and cause of accusation against them
❁ they shall have the right to answer the charges against them, with the assistance of counsel, if
desired
❁ they shall be informed of the evidence against them
❁ they shall have the right to adduce evidence in their own behalf
❁ the evidence must be duly considered by the investigating committee or official designated by the
school authorities to hear and decide the case

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 The Family
♡ Marriage as an inviolable social institution, is the foundation of the family and shall be protected
by the State

Obligation of the State “The state shall defend:

❁ right of spouses to found a family in accordance with their religious convictions and the demands
of responsible parenthood
❁ right of children to assistance, including proper care and nutrition, and special protection from all
forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development
❁ the right of the family to a family living wage and income
❁ right of families or family associations to participate in the planning and implementation of policies
and programs that affect them

♡ The family has the duty to care for its elderly members but the State may also do so through
just programs of social security

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 General Principles
administrative law: 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 his rights

Kinds
❁ statutes setting up administrative authorities
❁ rules, regulations or orders of such administrative authorities promulgated pursuant to the purposes
for which they were created
❁ determinations, decisions and orders of such administrative authorities made in the settlement of
controversies arising in their particular fields
❁ body of doctrines and decisions dealing with the creation, operation and effect of determinations
and regulations of such administrative authorities

Administration
❁ as a function: the execution, in non-judicial matters, of the law or will of the State as
expressed by competent authority
❁ as an organization: that group or aggregate of persons in whose hands the reins of govt
are for the time being

Kinds of administration
❁ internal: legal side of public administration;
matters concerning personnel, fiscal and planning activities
❁ external: deals with problems of govt regulations;
regulation of lawful calling or profession, industries or businesses

administrative bodies: organ of govt, other than a court and other than a
legislature, which affects the rights of private parties
either through adjudication or rule-making

How administrative agencies are created

❁ constitutional provision
❁ legislative enactment
❁ authority of law

♡ 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 the law

Types
❁ bodies set up to function in situations where the govt is offering some gratuity, grant or special
privilege
❁ bodies set up to function in situations wherein the govt is seeking to carry on certain of the
actual business of govt
❁ bodies set up to function in situations wherein the govt is performing some business service for
the public
❁ bodies set up to function in situations wherein the govt is seeking to regulate business affected
with public interest
❁ bodies set up to function in situations wherein the govt is seeking the police power to regulate
private business and individuals
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❁ bodies set up to function in situations wherein the govt is seeking to adjust individual controversies
because of a strong social policy involved
❁ bodies set up to make the govt a private party

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 Powers of Administrative Bodies
Powers of administrative bodies
❁ quasi-legislative or rule-making power
❁ quasi-judicial or adjudicatory power
❁ determinative powers

quasi-legislative power: 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 itself;
power to make rules and regulations which results in delegated legislation
that is within the confines of the granting statute and the doctrine of
non-delegability and separation of powers

♡ Administrative agencies may exercise quasi-legislative powers only if there exists a law which
delegates these powers to them
♡ Rules and regulations issued by administrative authorities pursuant to the powers delegated to them
have the force and effect of law; they are binding on all person subject to them, and courts will
take judicial notice of them
♡ Administrative regulations cannot extend the law or amend a legislative enactment, for settled is
the rule that administrative regulations must be in harmony with the provisions of the law
♡ An administrative order is an ordinance issued by the President which relates to specific aspects
in the administrative operation of Govt

Kinds of administrative rules or regulations

❁ supplementary/detailed legislation: rules and regulations “to fix the details” in the execution
❁ interpretative legislation:
❁ contingent legislation:
and enforcement of a policy set out in the law;
in the nature of subordinate legislation, and designed to
implement a primary legislation by providing details thereof;
usually implement existing law, imposing general, extra-
statutory obligations pursuant to authority properly delegated
by Congress
rules and regulations construing or interpreting the
provisions of a statute to be enforced;
intended to clarify or explain existing statutory regulations
under which the administrative body operates;
binding on all concerned until they are changed, have the
force and effect of law, and are entitled to great respect,
have in their favor the presumption of legality
rules and regulations made by an administrative authority on
the existence of certain facts or things upon which the
enforcement of the law depends

Requisites for validity

❁ issued under authority of law
❁ within the scope and purview of the law
❁ reasonable
❁ publication in the Official Gazette or in a newspaper of general circulation

♡ The power of administrative officials to promulgate rules in the implementation of a statute is

necessarily limited to what is provided for in the legislative enactment

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♡ Administrative bodies are allowed, under their power of subordinate legislation, to implement the
broad policies laid down in the statute by “filling in” the details
♡ ^All that is required is that the regulation be germane to the objectives and purposes of the law;
the regulation does not contradict but conforms with the standards prescribed by law

♡ Publication must be in full, or it is no publication at all

♡ Interpretative rules and regulations, or those merely internal in nature, or the so-called letters of
instruction issued by administrative superiors concerning the rules and guidelines to be followed by
their subordinates in the performance of their duties
♡ If the issuance does not in any way affect the rights of the public in general or of any other
person not involved in the bidding prices, it does not have to be published
♡ Administrative rules and regulations, the purpose of which is to enforce or implement an existing
law pursuant to a valid delegation, must be published in the OG or in a newspaper of general circulation,
except interpretative regulations and those merely internal in nature (regulating only personnel of
administrative agency)

Additional requisites for administrative rules with penal sanctions

❁ law must itself declare as punishable the violation of the administrative rule or regulation
❁ law should define or fix the penalty for the violation of the administrative rule or regulation

♡ There is no constitutional requirement for a hearing in the promulgation of a general regulation by

an administrative body
♡ While it is true that COMELEC is an independent office and not a mere administrative agency
under the Executive Department, rules which apply to the latter must also be deemed to similarly
apply to the former, not as a matter of administrative convenience but as a dictate of due process
♡ The function of prescribing rates by an administrative agency may either be legislative or an
adjudicative function; if it were legislative, the grant of prior notice and hearing is not a requirement
of due process
♡ Rates prescribed by an administrative agency in the exercise of its quasi-judicial function, prior
notice and hearing are essential to the validity of such rates
♡ Where the rules and the rates are meant to apply to all enterprises of a given kind throughout
the country, they may partake of a legislative character
♡ If they apply exclusively to a particular party, based upon a finding of fact, then its function is
quasi-judicial in character

♡ A petition for prohibition is not the proper remedy to assail IRR issued in the exercise of quasi-
legislative functions
♡ Prohibition lies against the exercise of judicial, quasi-judicial or ministerial functions, not against
legislative or quasi-legislative functions

prohibition: extraordinary writ directed against any tribunal, corporation, board, officer or person,
whether exercising judicial, quasi-judicial or ministerial functions, ordering said entity or
person to desist from further proceedings when the said proceedings are without or
in excess of jurisdiction or is accompanied by grave abuse of discretion, and there is
no appeal or any other plain, speedy or adequate remedy in the ordinary course of
law

Determinative powers
❁ enabling: to permit or allow something which the law undertakes to regulate
❁ directing: illustrated by the power of assessment of the BIR or Bureau of Customs
❁ dispensing: to exempt from a general prohibition, or relieve an individual or corporation from
an affirmative duty,
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 ❁ examining: investigatory power, consists in production of books, papers, etc, the attendance
of witnesses and compelling their testimony
❁ summary: power to apply compulsion or force against persons or property to effectuate a
legal purpose without a judicial warrant to authorize such action

♡ Power to compel attendance of witnesses not inherent in administrative body; but an administrative
officer authorized to take testimony or evidence is deemed authorized to administer oath, summon
witnesses, require production of documents
♡ Power to punish contempt must be expressly granted to the administrative body; and when so
granted, may be exercised only when administrative body is actually performing quasi-judicial functions

♡ Administrative body 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

❁ right to a hearing
❁ tribunal must consider evidence presented
❁ decision must have something to support itself
❁ evidence must be substantial
❁ decision must be based on the evidence adduced at the hearing, or at least contained in the record
and disclosed to the parties
❁ the 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 at a decision
❁ decision must be rendered in such a manner that the parties to the controversy can know the
various issues involved and the reasons for the decision rendered

Procedural due process

❁ right to actual or constructive notice of the institution of proceedings which may affect a
respondent’s legal rights
❁ real opportunity to be heard personally or with the assistance of counsel, to present witnesses
and evidence in one’s favor and to defend one’s rights
❁ tribunal vested with competent jurisdiction and so constituted as to afford a person charged
administratively with a reasonable guarantee of honesty as well as impartiality
❁ a finding by said tribunal which is supported by substantial evidence submitted for consideration
during the hearing or contained in the records or made known to the parties

♡ In a forfeiture proceeding where the owner of the allegedly prohibited article is known, mere
posting of the notice of hearing in the respondent’s Bulletin Board does not constitute compliance
with procedural due process
♡ Administrative due process does not necessarily require the assistance of counsel
♡ The standard of due process that must be met in administrative tribunals allows a certain latitude
as long as the element of fairness is not ignored; even in the absence of previous notice, there is
no denial of due process as long as the parties are given the opportunity to be heard
♡ In administrative proceedings, procedural due process simply means the opportunity to explain one’s
side or the opportunity to seek a reconsideration of the action or ruling complained of
♡ In administrative proceedings, the filing of charges and giving reasonable opportunity for the person
so charged to answer the accusations against him constitute the minimum requirements of due
process

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♡ The failure to designate the offense specifically and with precision is of no moment in an
administrative case
♡ Substantial evidence is enough
♡ Even in administrative cases, a degree of moral certainty is necessary in order to support a finding
of liability

When notice and hearing not necessary

❁ grant of provisional authority for increased rates, or to engage in a particular line of business
❁ summary proceedings of distraint and levy upon the property of a delinquent taxpayer
❁ cancellation of a passport where no abuse of discretion is committed by Secretary of Foreign
Affairs
❁ summary abatement of a nuisance per se which affects the immediate safety of persons or
property
❁ preventive suspension of a public officer or employee pending investigation of administrative
charges filed against him

♡ The right against self-incrimination may be invoked by the respondent at the time he is called by
the complainant as a witness
♡ ^If he voluntarily takes the witness stand, he can be cross-examined; but he may still invoke the
right at the time the question which calls for an answer which incriminates him of an offense other
than that which is charged is asked
♡ Power to punish contempt is inherently judicial; may be exercised only if conferred by law, and
when administrative body is engaged in the performance of its quasi-judicial powers

♡ When provided by law, appeal from an administrative determination may be made to a higher or
superior administrative officer or body
♡ By virtue of the power of control which the President exercises over all executive departments,
the President or through the Dept Secretaries (pursuant to alter ego doctrine), may affirm, modify,
alter or reverse the administrative decision of subordinate officials and employees
♡ Appellate administrative agency may conduct additional hearings in the appealed case, if deemed
necessary

♡ Decisions and orders of administrative agencies have upon their finality, the force and binding
effect of a final judgment with the purview of the doctrine of res judicata
♡ Doctrine of res judicata applies to adversary administrative proceedings
♡ This doctrine does not apply in administrative adjudication relative to citizenship

Res judicata may only apply

❁ question of citizenship is resolved by a court or an administrative body as a material issue in the
controversy after a full-blown hearing
❁ with the active participation of the SolGen
❁ finding made by the administrative body on the citizenship issue is affirmed by the SC

♡ The subsequent reconciliation of the parties to an administrative proceeding does not strip the
Court of its jurisdiction to hear the administrative case until its resolution
♡ Atonement, in administrative cases, merely obliterates the personal injury of the parties and does
not extend to erase the offense that may have been committed against the public service

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♡ When a public school teacher is subject of an administrative action, concurrent jurisdiction exists
in the CSC, the DepEd and the Board of Processional Teachers-PRC; the body that first takes
cognizance of the complaint shall exercise jurisdiction to the exclusion of the others

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 Exhaustion of Administrative Remedies
♡ Whenever there us an available administrative remedy provided by law, no judicial recourse can be
made until all such remedies have been availed of and exhausted
♡ If resort to a remedy within the administrative machinery can still be made by giving the
administrative officer concerned every opportunity to decide on a matter that comes within his
jurisdiction, then such remedy should be exhausted first before the court’s judicial power can be
sought

♡ Principles of comity and convenience require that the courts stay their hand until the administrative
processes are completed
♡ Rule must be observed in order to prevent unnecessary and premature resort to the courts
♡ The thrust of the rule is that courts must allow administrative agencies to carry out their functions
and discharge their responsibilities within the specialized areas of their respective competence
♡ Only those decisions of administrative agencies made in the exercise of quasi-judicial powers are
subject to the rule on exhaustion of administrative remedies
♡ The doctrine of primary administrative jurisdiction applies only where the administrative agency
exercises its quasi-judicial or adjudicatory powers
♡ Where what is assailed is the validity or constitutionality of a rule or regulation issued by the
administrative agency in the performance of its quasi-legislative function, the regular courts have
jurisdiction to pass upon the same
♡ Political speech is a direct exercise of sovereignty; the principle of exhaustion of administrative
remedies must yield in order to protect this fundamental right

doctrine of prior resort: doctrine of primary administrative jurisdiction;

there is competence or jurisdiction vested upon an 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

♡ It is a basic rule that the courts will not interfere in matters which are addressed to the sound
discretion of govt agencies entrusted with the regulation of activities coming under the special technical
knowledge and training of such agencies
♡ The petitioner’s premature resort to the court’s necessarily becomes fatal to their cause of action
♡ When the issues presented do not require the expertise, specialized skill and knowledge of the
administrative body, but are purely legal questions that are within the competence and jurisdiction of
the Court, the doctrine of primary jurisdiction should not be applied

doctrine of finality of administrative action: no resort to the courts will be allowed unless the
administrative action has been completed and there
is nothing left to be done in the administrative
structure

♡ A party aggrieved must not merely initiate the prescribed administrative procedure to obtain relief,
but must also pursue it to its appropriate conclusion before seeking judicial intervention in order to
give that administrative agency an opportunity to decide the matter by itself correctly and prevent
unnecessary and premature resort to the courts

♡ If there is failure to exhaust administrative remedies, the jurisdiction of the court is not affected,
but the complainant is deprived of a cause of action which is a ground for a motion to dismiss

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Exceptions to the doctrine
❁ doctrine of qualified political agency
❁ where the administrative remedy is fruitless
❁ where there is estoppel on the part of the administrative agency
❁ where the issue is purely a legal question
❁ where the administrative action is patently illegal, amounting to lack or excess of jurisdiction
❁ where there is unreasonable delay or official inaction
❁ where there is irreparable injury or threat thereof, unless judicial recourse is immediately made
❁ in land cases, where the subject matter is private land
❁ where the law does not make exhaustion a condition precedent to judicial recourse, or where no
administrative review is provided by law
❁ where observance of the doctrine will result in the nullification of the claim
❁ where there are special reasons or circumstances demanding immediate court action
❁ when due process of law is clearly violated
❁ when the rule does not provide a plain, speedy and adequate remedy

♡ Where appeal had already been made to the President and, before the President could act on the
appeal, the same was withdrawn, there was deemed to have been failure to exhaust administrative
remedies

When doctrine of exhaustion of administrative remedies may be disregarded

❁ there are circumstances indicating the urgency of judicial intervention
❁ the administrative action is patently illegal and amounts to lack or excess of jurisdiction

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 Judicial Review of Administrative Decisions
♡ Except when the Const requires or allows it, judicial review may be granted or withheld as Congress
chooses
♡ The law may provide that a determination made by an administrative agency shall be final and
irreviewable

Bases for judicial review

❁ Constitution
❁ statutes
❁ general principles of law

♡ There is an underlying power in the Courts to scrutinize the acts of administrative agencies on
questions of law and jurisdiction although no right of review is given by statute as part of the
system of checks and balances which restricts the separation of powers and forestalls arbitrary and
unjust adjudication

Methods for obtaining judicial review

❁ statutory: available pursuant to specific statutory provisions
❁ non-statutory: there is no express statute granting review, relief is obtained by means of
the common law remedies, or by the prerogative writs of certiorari, mandamus,
habeas corpus, quo warranto or prohibition
❁ direct: attempt to question in subsequent proceedings the administrative action for
lack of jurisdiction, grave abuse of discretion
❁ collateral: relief from administrative action sought in a proceeding the primary purpose
of which is some relief other than the setting aside of the judgment, although
an attack on the judgment may be incidentally involved

♡ The CA shall have appellate jurisdiction over judgments or final orders of the CTA and from
awards, judgments, final orders or resolutions, of or authorized by any quasi-judicial agency in the
exercise of its quasi-judicial functions
♡ Where the law provides for an appeal from the decisions of administrative bodies to the SC or to
the CA, it means that such bodies are co-equal with the RTC in terms of rank and stature, and
logically, beyond the control of the latter
♡ It bears stressing that this doctrine of non-interference by trial courts with co-equal administrative
bodies is intended to ensure judicial stability in the administration of justice whereby the judgment
of a court of competent jurisdiction may not be opened, modified or vacated by any court of
concurrent jurisdiction

Questions which may be subject of judicial review

❁ questions of law
❁ questions of fact
❁ mixed questions of law and fact/Brandeis Doctrine of Assimilation of Facts

♡ Factual findings of administrative agencies are generally conclusive upon the courts if supported by
substantial evidence
♡ Courts are precluded from reviewing questions of fact

^Exceptions
❁ when expressly allowed by statute

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❁ fraud, imposition or mistake other than error of judgment in evaluating the evidence
❁ error in appreciation of the pleadings and in the interpretation of the documentary evidence
presented by the parties

Brandeis Doctrine of Assimilation of Facts:
where what purports to be a finding upon a question
of fact is so involved with and dependent upon a
question of law as to be in substance and effect a
decision on the latter, the Court will, in order to decide
the legal question, examine the entire record including
the evidence if necessary

♡ Findings of fact are respected as long as they are supported by substantial evidence, even if not
overwhelming or preponderant
♡ Findings of fact of quasi-judicial agencies, such as the COA, are generally accorded respect and
even finality by the Court, if supported by substantial evidence, in recognition of their expertise on
the specific matters under their jurisdiction
♡ The principle that factual findings of administrative bodies are binding upon the Court may be
sustained only when no issue of credibility is raised
♡ It is not for the reviewing court to weigh the conflicting evidence, determine the credibility of
witnesses, or otherwise substitute its judgment for that of the administrative agency on the
sufficiency of evidence
♡ The administrative decision in matters within the executive jurisdiction can only be set aside on
proof of grave abuse of discretion, fraud, collusion or error of law
♡ It is beyond the province of the Court to analyze and weigh the parties’ evidence all over again
in reviewing administrative decisions
♡ Exception to this rule lies when there is serious ground to believe that a possible miscarriage of
justice would thereby result if the Court simply accepts the administrative body’s full findings
♡ Courts will not generally interfere with purely administrative matters addressed to the sound
discretion of govt agencies, unless there is a clear showing of arbitrary, capricious or grave abuse of
discretion amounting to lack of jurisdiction

♡ Judicial review is not a trial de novo; it is merely an ascertainment of whether the findings of the
administrative agency are consistent with law, free from fraud or imposition, and supported by evidence

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 General Principles
public office: right, authority or duty, created and conferred by law, by which for a given period,
either fixed by law or enduring at the pleasure of the creating power, an individual
is invested with some sovereign power of govt to be exercised by him for the
benefit of the public

Elements
❁ created by law or by authority of law
❁ possess a delegation of a portion of the sovereign powers of govt, to be exercised for the
benefit of the public
❁ powers conferred and duties imposed must be defined, directly, or impliedly, by the legislature or
by legislative authority
❁ duties must be performed independently and without the control of a superior power other than
the law, unless they be those of an inferior or subordinate office created or authorized by the
legislature, and by it placed under the general control of a superior office or body
❁ must have permanence or continuity

public officer: a person who holds a public office

refers to a person whose duties, not being of a clerical or manual nature, involve
the exercise of discretion in the performance of the functions of govt
includes any govt employee, agent or body having authority to do the act or
exercise that function

public officer in Criminal Law public officer in Constitutional Law

❁ any person who, by direct provision of law,
popular election or appointment by competent
authority, shall take part in the performance of
public functions in the Govt of Philippine Islands,
or shall perform in said Govt or in any of its
branches, public duties as an employee, agent or
subordinate official, of any rank or class
❁ elective and appointive officials and
employees, permanent or temporary, whether in
the classified, unclassified or exempt service,
receiving compensation, even nominal, from the
govt

♡ The most important characteristic which distinguishes an office from an employment is that the
creation and conferring of an office involves a delegation to the individual of some of the sovereign
functions of govt, to be exercised by him for the benefit of the public, and that the same portion
of the sovereignty of the country, either legislative, executive or judicial, attaches, for the time being,
to be exercised for the public benefit
♡ Unless the powers so conferred are of this nature, the individual is not a public officer

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 Eligibility and Qualification
Qualifications
❁ may refer to endowments, qualities or attributes which make an individual eligible for public office,
e.g., citizenship
❁ may refer to the act of entering into the performance of the functions of a public office e.g.,
taking the oath of office

♡ When used in the sense of endowments, qualities or attributes, the individual must possess the
qualifications at the time of appointment or election and continuously for as long as the official
relationship continues
♡ Property qualifications may not be imposed for the exercise of the right to run for public office
♡ Loss of any of the qualifications during incumbency will be a ground for termination

♡ When referring to the act of entering into the performance of the functions of the office, failure
of an officer to perform an act required by law could affect the officer’s title to the given office
♡ Prolonged failure or refusal to take the oath of office could result in forfeiture of the office (six
months, thereafter shall be considered vacant, unless said failure is for a cause/s beyond his control)
♡ An oath of office is a qualifying requirement for a public office; only when the public officer has
satisfied this prerequisite can his right to enter into the position be considered plenary and complete
♡ Pendency of an election protest is not sufficient basis to enjoin a public officer from assuming
office or from discharging his functions

♡ When the qualifications are prescribed by the Const, they are generally exclusive, except where
the Const itself provides otherwise
♡ Congress has virtually plenary powers to prescribe qualifications, provided
1the qualifications are germane to the objective/s for which the public office was created
2the qualifications are not too specific as to fit a particular, identifiable person, because that would

deprive the appointing authority of discretion in the selection of the appointee

♡ The legislature has the right to prescribe disqualifications in the same manner that it can prescribe
qualifications, provided that the prescribed disqualifications do not violate the Const

General disqualifications under the Const

❁ no candidate who lost in an election shall, within one year after such election, be appointed to any
office in Govt
❁ no elective official shall be eligible for appointment or designation in any capacity to any public
office or position during his tenure
❁ unless otherwise allowed by law or by the primary functions of his position, no appointive official
shall hold any other position in Govt

♡ When another office is held by a public officer in an ex officio capacity, there is no violation,
because such other office does not comprise “any other position”
♡ The ex officio position is actually and in legal contemplation, part of the principal office

Specific disqualifications under the Const

❁ the President, VP, Members of the Cabinet, and their deputies or assistants shall not, unless
otherwise provided in the Const, hold any other office or employment during their tenure
❁ no Senator or Member of the HOR may hold any other office or employment in the Govt, or any
subdivision, agency or instrumentality thereof, including GOCC or their subsidiaries, during his term
79
without forfeiting his seat; neither shall he be appointed to any office which may have been created
or the emoluments thereof increased during the term for which he was elected
❁ the Members of the SC and of other courts established by law shall not be designated to any
agency performing quasi-judicial or administrative functions
❁ no Member of a Constitutional Commission shall, during his tenure, hold any other office or
employment (same applies to Ombudsman and his Deputies)
❁ the Ombudsman and his Deputies shall not be qualified to run for any office in the election
immediately succeeding their cessation from office
❁ Members of Constitutional Commissions, the Ombudsman and his Deputies must not have been
candidates for any elective position in the elections immediately preceding their appointment
❁ Members of Constitutional Commissions, the Ombudsman and his Deputies are appointed to a term
of 7 years, without reappointment
❁ the spouse and relatives by consanguinity or affinity within the 4th civil degree of the President
shall not during his tenure be appointed as Members of the Constitutional Commissions, of the Office
of the Ombudsman, or as Secretaries, Undersecretaries, chairmen or heads of bureaus or offices,
including GOCCs

♡ The SC declared as unconstitutional EO 284 which would allow Cabinet Secretaries to hold two
other offices, except when the other office is held in an ex officio capacity

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 De Facto Officers
de facto officers: one who has the reputation of being the officer that he assumes to be, and
yet is not a food officer in point of law;
must have acted as an officer for such length of time, under color of title
and under such circumstances of reputation or acquiescence buy the public and
public authorities, as to afford a presumption of election or appointment, and
induce people, without inquiry, and relying on the supposition that he is the
officer he assumes to be, to submit to or invoke his action

♡ The acts of de facto public officer, insofar as they affect the public, are valid, binding and with
full legal effect (intended not for the protection of the public officer, but for the protection of the
public and individuals who get involved in the official acts of persons discharging the duties of public
officer)

Elements
❁ a validly existing public office
❁ actual physical possession of said office
❁ color of title to the office
✧ by reputation or acquiescence: the public, without inquiry, relies on the supposition that he
is the public officer that he purports to be
✧ officer failed to conform to a requirement imposed by law: under a known and valid
appointment or election
✧ 1ineligibility of the officer, or 2want of authority of the appointing or electing authority,
3because of irregularity in his appointment or election, want of authority or irregularity being unknown

to the public
✧ under a known appointment or election pursuant to an unconstitutional law, before the law
is declared unconstitutional

♡ The rightful incumbent of a public office may recover from an officer de facto the salary received
by the latter during the time of his wrongful tenure, even though he entered into the office in good
faith and under color of title
♡ Where there is no de jure public officer, the officer de facto who in good faith has had possession
of the office and has discharged the duties pertaining thereto, is legally entitled to the emoluments
of the office, and may, in an appropriate action, recover the salary, fees and other compensations
attached to the office
♡ Under the principle of public policy on which the de facto doctrine is based, and on basic
considerations of justice, it would be iniquitous to now deny him the salary due him for the services
he actually rendered

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 Commencement of Official Relations
How official relations are commenced
❁ by appointment
❁ by election

appointment: selection, by the authority vested with the power, of an individual who is to perform
the functions of a given office
commission: written evidence of the appointment
designation: imposition of additional duties, usually by law, on a person already in public service

Classification
❁ permanent: extended to a person possessing the requisite qualifications, including the
eligibility required, for the position, and thus protected by the constitutional
guaranty of security of tenure
❁ temporary: an acting appointment;
extended to one who may not possess the requisite qualifications or eligibility
required by law for the position, and is revocable at will, without the necessity
of just cause or a valid investigation
❁ regular: made by the President while Congress is in session after the nomination is
confirmed by the Commission on Appointments, and continues until the end of
the term
❁ ad interim: made by the President while Congress is not in session, before confirmation by
the Commission on Appointments, is immediately effective, and ceases to be
valid if disapproved or bypassed by the Commission on Appointments upon the
next adjournment of Congress

♡ A permanent appointment implies the holding of the appropriate civil service eligibility on the part
of the appointee, unless the position involved requires no such eligibility
♡ Where the appointee does not possess the requisite civil service eligibility, the appointment is
considered temporary
♡ An acting appointment is a temporary appointment and revocable in character
♡ Acquisition of the appropriate civil service eligibility by a temporary appointee will not ipso facto
convert the temporary appointment into a permanent one; a new appointment is necessary
♡ A contractual appointment is of the same nature as temporary appointment; when a contract is
not renewed, there was no dismissal but an expiration of a term
♡ An appointment to a position in the Career Service of the Civil Service does not necessarily mean
that the appointment is a permanent one and the appointee entitled to security of tenure
♡ Where the appointee does not possess the qualifications for the position, the appointment is
temporary and may be terminated at will
♡ A mere designation does not confer security of tenure, as the person designated occupies the
position only in an acting capacity
♡ Where the appointment is subject to conditions, the appointment is not permanent
♡ Where the temporary appointment is for a fixed period, the appointment may be revoked only at
the expiration of the period, or if revocation is made before such expiration, the same has to be for
a valid and just cause
♡ An appointment for a fixed term of 5 years “unless sooner terminated” is not terminable at will

♡ An ad interim appointment is a permanent appointment, and its being subject to confirmation does
not alter its permanent character

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Categories of appointments which may be classified into regular and ad interim
❁ heads of executive departments
❁ ambassadors, other public ministers and consuls
❁ officers of the armed forces of the Philippines, from the rank of colonel or naval captain
❁ officers whose appointments are vested in the President under the Const

Steps in the appointing process

❁ for regular appointments
✧ nomination by the President
✧ confirmation by the Commission on Appointments
✧ issuance of the commission
✧ acceptance by the appointee
❁ for appointments which do not require confirmation
✧ appointment by appointing authority
✧ issuance of the commission
✧ acceptance by the appointee

♡ Acceptance of the appointment by the appointee is the last act that completes the appointing
process
♡ A person cannot be compelled to accept an appointment to public office, as the same will constitute
a violation of the constitutional right against involuntary servitude, except when the appointment is
made to an office required in defense of the State

♡ Where the appointment is to the career service of the Civil Service, attestation by the Civil Service
Commission is required
♡ Until the appointment shall have been a completed act, it would likewise be precipitate to invoke
security of tenure
♡ An appointment becomes complete only when the last act required of the appointing power is
performed; until the process is completed the appointee can claim no vested right in the office nor
claim security of tenure
♡ For the appointment to be valid, the position must be vacant

♡ Appointment is essentially a discretionary power and must be performed by the officer in whom
it is vested according to his best lights, the only condition being that the appointee should possess
the minimum qualification requirements prescribed by law for the position
♡ When the appointing authority has already exercised his power of appointment, the Commission
cannot revoke the same on the ground that another employee is better qualified, for that will
constitute an encroachment on the discretion vested in the appointing authority
♡ It is not mandatory that the appointing authority fill a vacancy by promotion, as the appointing
authority should be allowed the choice of men of his confidence, provided they are qualified and eligible

♡ Given the discretion vested in the appointing authority, an appointment is generally a political
question so long as the appointee fulfills the minimum qualification requirements prescribed by law
for the position
♡ Where the validity of the appointment is not challenged in appropriate proceedings, the question
of the competence of the public officer is beyond the pale of judicial inquiry
♡ An action for usurpation of office may be brought only by one who claims valid title to the office

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♡ Disciplinary cases, and cases involving “personnel action” affecting employees in the Civil Service,
including “appointment through certification, promotion, transfer, reinstatement, reemployment, detail,
reassignment, demotion and separation,” as well as employment status and qualification standards, are
within the exclusive jurisdiction of the CSC
♡ The power of CSC includes the authority to recall an appointment which has been initially approved
when it is shown that the same was issued in disregard of pertinent Civil Service laws, rules and
regulations
♡ On its own, the Commission does not have the power to terminate employment or to drop
members from the rolls

♡ The CSC embraces all branches, subdivisions, instrumentalities and agencies of the Govt, including
GOCCs with original charters

Classes of service
❁ career service: characterized by entrance based on merit and fitness to be determined,
as far as practicable by competitive examinations or based on highly
technical qualifications, opportunity for advancement to higher career
positions, and security of tenure
✧ open career positions: prior qualification in an appropriate examination
is required
✧ closed career positions: scientific or highly technical in nature
✧ career executive service: the appointee is required to possess the
appropriate CESO eligibility (undersecretaries, bureau directors)
✧ career officers: appointed by the President (other than those who
belong to the CES)
✧ positions in the AFP
✧ personnel of GOCCs with original charter
✧ permanent laborers, whether skilled, semi-skilled or unskilled
❁ non-career service: characterized by entrance on bases other than those of the usual tests
utilized for the career service, tenure limited to a period specified by law,
or which is co-terminous with that of the appointing authority or subject
to his pleasure, or which is limited of the duration of a particular project
for which purpose the employment was made
✧ elective officials, and their personal and confidential staff
✧ department heads and officials of Cabinet rank who hold office at the
pleasure of the President, and their personal and confidential staff
✧ Chairmen and members of commissions and boards with fixed terms
of office, and their personal and confidential staff
✧ contractual personnel or those whose employment in govt is in
accordance with a special contract to undertake a specific work or job
1requiring special or technical skills 2not available in the employing agency,
3to be accomplished within a specific period not exceeding one year, 4under

their own responsibility, 5with the minimum direction and supervision

✧ emergency and seasonal personnel

Requirements to be a member of CES

❁ pass the career executive service examination
❁ be conferred CES eligibility
❁ comply with the other requirements prescribed by the CES Board
❁ be appointed to a CES rank by the President

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Requisites in order to attain security of tenure
❁ career executive service eligibility
❁ appointment to the appropriate career executive service rank

♡ The security of tenure pertains only to rank and not to the office or to the position to which
they may be appointed; a career executive service officer suffers no diminution in salary even if
assigned to a 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

♡ The CSC is expressly empowered to declare positions in the CS as primarily confidential

Classifications of co-terminous statues

❁ co-terminous with the the appointment is co-existent with the duration of a particular
project: project for which purpose employment was made or subject to
the availability of funds for the same
❁ co-terminous with the the appointment is co-existent with the tenure of the appointing
appointing authority: authority or at his pleasure
❁ co-terminous with the the appointment is co-existent with the appointee, in that after
incumbent: the resignation, separation or termination of the services of the
incumbent, the position shall be deemed automatically abolished
❁ co-terminous with a the appointment is for a specific period and upon expiration
specific period: thereof, the position is deemed abolished

♡ Appointments shall be made only according to merit and fitness to be determined, as far as
practicable, and except appointments to positions which are policy determining, primarily confidential or
highly technical, by competitive examination
♡ The classification of a particular position as policy-determining, primarily confidential or highly
technical amounts to no more than an executive or legislative declaration that is not conclusive upon
the courts; the true test being the nature of the position

Exempt from competitive examination requirement

❁ policy determining: the officer lays down principal or fundamental guidelines or rules; or
formulates a method of action for govt or any of its subdivisions
❁ 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 or freedom from misgivings or
betrayals on confidential matters of state;
one so declared to be so by the President upon recommendation of the
CSC
❁ highly technical: requires possession of technical skill or training in a supreme or superior
degree

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 that he can share a close intimate relationship with the occupant
which ensures freedom of discussion without fear of embarrassment or misgivings
of possible betrayals of personal trust and confidential matters of the State

♡ Congress has the power and prerogative to introduce substantial changes in the statutory public
office or position, and to reclassify it as a primarily confidential, non-career position
♡ Flowing from the legislative power to create public offices is the power to abolish and modify
them to meet the demands of society
♡ Modifications in public office, such as changes in qualifications or shortening of its tenure, are
made in good faith as long as they are aimed at the office and not at the incumbent
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 promotion: movement from one position to another with increase in duties and responsibilities
as authorized by law and usually accompanied by an increase in pay
appointment: issued to a person who has been selected from a list of qualified persons
(through certification) certified by the CSC from an appropriate register of eligible, and who meets all
the qualifications prescribed for the position
transfer: movement from one position to another which is of equivalent rank, level or
salary without break in service
reinstatement: any person who has been permanently appointed to a position in the career
service and who has, through no delinquency or misconduct, been separated
therefrom, may be reinstated to a position in the same level for which he is
qualified
detail: movement of an employee from one agency to another without the issuance of
an appointment, and shall be allowed only for a limited period in the case of
employees occupying professional, technical and scientific positions;
temporary in nature
reassignment: movement of an employee from one organizational unit to another in the same
department or agency, which does not involve a reduction in rank, status or
salary;
does not require the issuance of a new appointment, but shall require an office
order from a duly authorized officer
reemployment: names of persons who have been appointed permanently to positions in the
career service and who have been separated as a result of reduction in force
and/or reorganization, shall be entered in a list from which selection for
reemployment shall be made

next-in-rank rule:
employees next in rank:
when a vacancy occurs, employees next-in-rank should be considered for
promotion
those who occupy the next lower positions in the occupational group
under which the vacant position is classified, and in other functionally
related occupational groups, and who are competent, qualified and with
the appropriate civil service eligibility

♡ The person next in rank shall be given preference in promotion when the position immediately
above his is vacated; but it does not necessarily follow that he alone and no one else can be appointed
♡ To successfully protest the issuance of an appointment, the employee next in rank must prove
his status as a qualified next-in-rank; otherwise the protest shall be dismissed

automatic reversion rule:
all appointments involved in a chain of promotions must be submitted
simultaneously for approval by the Commission;
the disapproval of the appointment of a person proposed to a higher
position invalidates the promotion of those in the lower positions and
automatically restores them to their former positions;
affected persons are entitled to payment of salaries for services actually
rendered at a rate fixed in their promotional appointments
Elements
✧ there must be a series of promotions
✧ all promotional appointments are simultaneously submitted to the
Commission for approval
✧ the Commission disapproves the appointment of a person to a higher
position

♡ An unconsented transfer violates security of tenure

♡ A transfer that results in promotion or demotion, advancement or reduction, or a transfer that
aims to lure the employee away from his permanent position, cannot be done without the employee’s
consent, for that would constitute removal from office
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♡ An employee should question the validity of his transfer by appeal to the CSC; otherwise the court
shall dismiss the action for failure to exhaust administrative remedies
♡ The holder of a temporary appointment cannot claim a vested right to the station to which
assigned, nor to security of tenure thereat
♡ Career Executive Service personnel can be shifted from one office to another without violating
their right to security of tenure, because their status and salaries are based on their ranks and not
on the positions to which they are assigned
♡ The transfer or detail of govt officials or employees during the election period without the consent
of the COMELEC is prohibited and constitutes and election offense

♡ The Court has said that the subsequent acquisition of the appropriate civil service eligibility is no
reason to compel petitioners to reappoint private respondent
♡ Reappointment to a position is an act which is discretionary on the part of the appointing power;
it cannot be the subject of an application for a writ of mandamus
♡ Reinstatement is technically the issuance of a new appointment, which is essentially discretionary
♡ One who, because of conviction of a crime, has forfeited her right to the public office but was
extended a plenary pardon by the President, cannot, by reason of the pardon, demand reinstatement
as a matter of right
♡ When a person is given a pardon because he did not truly commit the offense, the pardon relieves
him from all punitive consequences of his criminal act, thereby restoring him to his clean name, good
reputation and unstained character prior to his finding of guilt; the bestowal of executive clemency in
effect completely obliterated the adverse effects of the administrative decision which found him guilty
of dishonesty and ordered his separation from the service
♡ ^This signifies that the petitioner need no longer apply for reinstatement, he is restored to his
office ipso facto upon the issuance of the clemency, and he is entitled to back wages

♡ Like detail, the reassignment should have a definite date or duration

♡ The lack of specific duration of the reassignment was tantamount to a floating assignment, thus
a diminution in status or rank

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 Powers and Duties of Public Officers
Authority of public officers
❁ powers which are expressly conferred upon him by the act appointing him
❁ powers which are expressly annexed to the office by law
❁ powers which are attached to the office by common law as incidents to it

doctrine of necessary implication: all powers necessary for the effective exercise of the express
powers are deemed impliedly granted

♡ The authority can be exercised only during the term when the public officer is, by law, invested
with the rights and duties of the office

ministerial: one the discharge of which by the officer concerned is imperative and requires
neither judgment nor discretion;
may be compelled
discretionary: one imposed by law upon a public officer wherein the officer has the right to decide
how and when the duty shall be performed;
mandamus will not lie to compel its performance

♡ Where there is grave abuse of discretion, manifest injustice or palpable excess of authority
equivalent to a denial of a settled right to which the petitioner is entitled, and where there is no
other plain, speedy or adequate remedy, the writ of mandamus will issue

judgment: judicial function, the determination of a question of law

discretion: faculty conferred upon a court or other officer by which he may decide the question
either way and still be right

Duties of public officers

❁ general (constitutional) duties of public officers
✧ to be accountable to the people; to serve them with utmost responsibility integrity, loyalty
and efficiency; to act with patriotism and justice; and to lead modest lives
✧ to submit a declaration under oath of his assets, liabilities and net worth upon assumption
of office and as often thereafter as may be required by law
✧ to owe the State and the Const allegiance at all times
❁ specific cases
✧ Sol Gen’s duty to represent the govt, its offices and instrumentalities and its officials and
agents (except in criminal cases or civil cases for damages arising from felony) is mandatory
✧ govt is not estopped from questioning the acts of its officials, more so if they are
erroneous or irregular

♡ The Admin Code expressly prohibits public officers and employees from entering into contracts
involving the expenditure of public funds unless an appropriation law authorizing the expenditure
required in the contract and a certification by the proper accounting official and auditor that funds
have been appropriated by law and such funds are available are attached to the contract
♡ Mere misdeclaration of the SALN does not automatically amount to dishonesty; only when the
accumulated wealth becomes manifestly disproportionate to the public officer’s or employee’s income
and other sources of income, and the public officer or employee fails to properly account or explain
his other sources of income

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Prohibitions
❁ partisan political activity
❁ additional or double compensation
CS Law prohibits engaging directly or indirectly in any
partisan political activity or taking part in any election
no elective or appointive public officer or employee shall
1receive additional, double or indirect compensation, 2accept

any present, emolument, office or title of any kind from

❁ prohibition against loans
❁ limitations on laborers
❁ detail or reassignment
❁ nepotism
any foreign govt, unless
✧ specifically authorized by law
✧ consented by Congress
may not be granted by any GOCC bank or financial
institution to the President, VP, Members of the Cabinet,
the Congress, SC, Constitutional Commissions, and the
Ombudsman, or to any firm or entity in which they have
controlling interest during their tenure
shall not be assigned to perform clerical duties
shall not be made within 3 months before any election
without the approval of the COMELEC
appointments made in favor of a relative of the
appointing/recommending authority are prohibited

♡ Active members (not reserve force) are prohibited from partisan politics; no member shall engage
directly or indirectly in any partisan political activity, except to vote
♡ Prohibition does not prevent the expression of views on current political problems or issues, or
mention of the names of candidates for public office who are supported by the public officer
♡ Exempt from this prohibition are those holding political offices, but it shall be unlawful for them
to solicit contributions from their subordinates or subject them to any of the acts involving subordinates
prohibited in the Election code

election campaign/partisan political activity: act designed to promote the election or defeat of a
particular candidate/s to public office

♡ If done for the purpose of enhancing the chances of aspirants for nomination for candidacy to a
public office by a political party, it shall not be considered as election campaign or partisan political
activity

♡ Pensions or gratuities shall not be considered as additional, double or indirect compensation

♡ The only exception to the prohibition of receiving additional compensation is where the law allows
a public officer to receive extra compensation for services rendered in another position which is an
extension of or connected with his basic work

♡ The prohibition in connection to nepotism covers all appointments, or in any branch or instrumentality
thereof, including GOCC with original charters
♡ The original appointment and all subsequent personnel actions, such as promotion, transfer,
reinstatement, etc must conform with the rule against nepotism, otherwise the prohibition would be
rendered “meaningless and toothless”

relative: those related within the third civil degree by consanguinity or affinity

♡ Exempt from nepotism are persons employed in a confidential capacity; teachers, physicians, and
members of the AFP provided that in each particular instance full report of such appointment shall
be made to the Commission
♡ To rule that the prohibition applies only to the Commission and not to the individual members who
compose it will render the prohibition meaningless

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 Liability of Public Officers
♡ A public officer is not liable for injuries sustained by another as a consequence of official acts
done within the scope of his official authority, except as otherwise provided by law
♡ He shall not be civilly liable for acts done in the performance of his official duties, unless there is
a clear showing of bad faith, malice or negligence
♡ No subordinate officer or employee shall be civilly liable for acts done by him in good faith in the
performance of his duties
♡ He shall be liable for willful or negligent acts done by him which are contrary to law, morals, public
policy and good customs even if he acted under orders or instructions of his superiors
♡ Local govt and their officials are not exempt from liability for death or injury to persons or damage
to property

♡ Any person suffering moral or material loss because a public officer refuses or neglects, without
just cause, to perform his official duty, may file an action for damages and other relief against the
public officer
♡ Liability of public officer for violation of constitutional rights of individuals
♡ Liability of peace officers who fail to respond or give assistance to persons in danger of injury
to life or property
♡ Any public officer who, without just cause, neglects to perform a duty within a period fixed by
law or regulation, or within a reasonable period if none is fixed, shall be liable for damages to the
private party concerned without prejudice to such other liability as may be prescribed by law

♡ The public officer shall be personally liable on contracts he enters into if he acted without, or
exceeded his, authority

♡ The public officer shall be personally liable if he goes beyond the scope of his authority, or exceeds
the powers conferred upon him by law

♡ The privilege of presidential immunity from suit is enjoyed only during the tenure of the President
♡ After his tenure, Chief Executive cannot invoke immunity from suit, for civil damages arising out
of acts done by him while he was President which were not performed in the exercise of official
duties
♡ While President is immune from suit, she may not be prevented from instituting suit

threefold liability rule: wrongful acts or omissions of a public officer may give rise to civil, criminal
and administrative liability

♡ An action for each omission can proceed independently of the others

♡ Dismissal of the criminal action does not foreclose the institution of an administrative action
♡ Relief from criminal liability does not carry with it relief from administrative liability
♡ Cessation from office of a public official by reason of resignation or retirement neither warrants
the dismissal of the administrative complaint filed against him while he was still in the service nor
does it render the said administrative case moot and academic
♡ A public official’s resignation does not preclude the finding of any administrative liability to which
he shall still be answerable

nonfeasance: neglect or refusal to perform an act which is the officer’s legal obligation to perform
misfeasance: failure to use that degree of care, skill and diligence required in the performance of
official duty
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 malfeasance: the doing, through ignorance, inattention or malice, of an act which he had no legal
right to perform

♡ A head of a department or a superior officer shall not be civilly liable for the wrongful acts,
omissions of duty, negligence or misfeasance of his subordinates, unless he has actually authorized
by written order the specific act or misconduct complained of

♡ An amparo petition is not criminal in nature, nor does it ascertain the criminal liability of individuals
or entities involved; neither does it partake of a civil or administrative suit
♡ It is a remedial measure designed to direct specific courses of action in govt agencies to safeguard
the constitutional right to life, liberty and security
♡ It is held inappropriate to apply to amparo proceedings the doctrine of command responsibility as
a form of criminal complicity through omission, because individual respondents’ criminal liability if there
is any, is beyond the reach of amparo.

Amparo proceedings determine

❁ responsibility: extent the actors have been established to have participated in whatever way,
by action or omission, in an enforced disappearance, and as a measure of the
remedies this Court should craft, among them, the directive to file the appropriate
criminal and civil cases in the proper court against the responsible parties
❁ accountability: measure of remedies that should be addressed to those
✧ who exhibited involvement in the enforced disappearance without bringing the
level of their complicity to the level of responsibility defined above
✧ who are imputed with knowledge relating to the disappearance and who carry
the burden of disclosure
✧ who carry, but have failed to discharge, the burden of extraordinary diligence
in the investigation of the enforced disappearance

♡ Although there is no determination of criminal, civil or administrative liability, the doctrine of command
responsibility may, nevertheless, be applied to ascertain responsibility and accountability within the
foregoing definitions.
♡ The inapplicability of the doctrine of command responsibility in an amparo proceeding does not, by
any measure, preclude impleading military or police commanders on the ground that the complained
acts in the petition were committed with their direct or indirect acquiescence

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 Rights of Public Officers
Rights of Public Officers
❁ right to office: just and legal claim to exercise the powers and the
responsibilities of the public office
❁ right to salary
❁ right to preference in promotion
❁ right to vacation and sick leave
❁ right to maternity leave
❁ right to retirement pay
❁ others: ✧ right to reimbursement for expenses incurred in the due
performance of his duty
✧ right to be indemnified against any liability which they may
incur in the bona fide discharge of their duties
✧ right to longevity pay

term: period during which the officer may claim to hold the office as of
right
tenure: period during which the officer actually holds office

salary: personal compensation to be paid to the public officer for his services, and it is generally
a fixed annual or periodical payment depending on the time and not on the amount of the
services he may render;
given to officers of higher degree of employment than those to whom wages are given

♡ Compensation and benefits of public officers are not intended purely for the personal benefit of
officers; neither does payment of salaries and benefits to a public officer satisfy the public purpose
requirement
♡ Due to petitioner’s designation which was without color of authority, the right to salary or to an
allowance due from the said office never existed
♡ Where there is no de jure officer, a de facto officer who, in good faith, has possession of the
office and has discharged the duties thereof, is entitled to salary
♡ The salary of a public officer cannot, by garnishment, attachment, or order of execution be seized
before being paid to him, and appropriated to the payment of his debts
♡ Compensation, allowances and other benefits received by govt officials and employees without the
requisite approval or authority of the DBM are unauthorized and irregular

Constitutional provisions affecting salaries

❁ no increase in the salaries of members of Congress shall take effect until after the expiration of
the full term of the Members of the Senate and HOR who approved the increase
❁ salaries of the President and VP shall be fixed by law and shall not be decreased during their
tenure; no increase shall take effect until after the expiration of the term of the incumbent during
which such increase was approved
❁ salary of members of the Judiciary shall not be decreased during their continuance in office
❁ additional, double or indirect compensation are prohibited, unless specifically authorized by law
❁ standardization of compensation
❁ separation pay to be given to career CS employees who are separated from the service not for
cause but by reason of reorganization

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Preventive suspension of CS employees who are charged with offenses punishable by removal or
suspension
❁ preventive suspension pending investigation
❁ preventive suspension pending appeal if the penalty imposed by the disciplining authority is
suspension or dismissal and, after review, the respondent is exonerated

♡ An employee has no right to compensation during preventive suspension pending investigation, even
if he is exonerated, because in order to be entitled to payment of back salaries, it is not enough
that an employee be exonerated of the charges against him
♡ ^It must be shown that his suspension is unjustified.
♡ If the penalty imposed by the disciplining authority is suspension or dismissal and, after review,
the respondent is exonerated, the civil service officer or employee is entitled not only to reinstatement
but also to back salaries for the period of preventive suspension pending appeal

♡ An illegally dismissed govt employee who is later ordered reinstated is entitled to back wages and
other monetary benefits from the time of his illegal dismissal up to his reinstatement
♡ The policy of “no work, no pay” cannot be applied, for such distressing state of affairs was not
of her own making
♡ An illegally-terminated civil service employee is entitled to back salaries limited only to a maximum
of 5 years back salaries from illegal termination up to his reinstatement
♡ Where the reinstatement was not the result of exoneration but an act of liberality of the CA, the
claim for back wages for the period during which the employee was not allowed to work must be
denied

♡ LGU may provide for additional allowances and other benefits to national govt officials stationed or
assigned to their municipality or city

♡ Elective officials shall be entitled to the same leave privileges as those enjoyed by appointive local
officials, including the cumulation and commutation (without limitation and regardless of the period
when the credits were earned) thereof
♡ A rule depriving salary corresponding to non-working days would constitute deprivation of property
without due process of law

♡ Retirement laws are liberally construed in favor of the retiree

♡ The money value of the terminal leave of a retiring govt official shall be computed at the retiree’s
highest monthly salary
♡ A govt official appointed or designated in an acting capacity is entitled to salary differential, and
that his highest monthly salary for purposes of computing his terminal leave pay shall include such
salary differential
♡ The head of the agency is vested with discretionary authority to allow or disallow extension of
service of an official or employee who has reached 65 without completing 15 years of government
service
♡ In the judiciary, the Court allows such extension if satisfied that the career of the retiree was
marked by competence, integrity and dedication to public service
♡ A reserved officer who satisfactorily rendered a total of 10 years continuous active commissioned
military service shall not be reverted to inactive status except for cause or upon how own request
♡ Totalization of service credits is only resorted to when the retiree does not qualify for benefits
in either or both of the Systems

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 Termination of Official Relationship
Rights of Public Officers
❁ expiration of term or tenure
❁ reaching the age limit
❁ resignation
❁ recall
❁ removal
❁ abandonment
❁ acceptance of an incompatible office
❁ abolition of office
❁ prescription of the right to office
❁ impeachment
❁ death
❁ failure to assume elective office within 6 months from proclamation
❁ conviction of a crime
❁ Filing of a certificate of candidacy

term: period of time during which a public officer has the right to hold the
public office
tenure: period of time during which the public officer actually held office

♡ When a public officer holds office at the pleasure of the appointing authority, his being replaced
shall be regarded as termination through the expiration of term, not removal
♡ Where the Const provides that the term of office of local elective officials is 3 years, Congress
cannot, by a law calling for delayed elections, effectively reduce the term

Rules on commencement of the term of office

❁ where the statute fixes a period within which a chosen officer may arrange his affairs and qualify
for the office in a prescribed manner, his term begins upon qualification
❁ where no time is fixed by law for the commencement of his official term, it begins from the
date of appointment in cases of an appointive office, or from the date of election, in case of an
elective office
❁ where the law fixing the term of a public office is ambiguous, the one that fixes the term at
the shortest period should be followed
❁ where both the duration of the term of office and the time of its commencement or termination
are fixed by constitutional or statutory provisions, a person elected or appointed to fill the vacancy
in such office shall hold the same only for the unexpired portion of the term
❁ where only the duration of the term is fixed, but no time is established for the beginning or end
of the term, the person selected to fill the vacancy in such office may serve the full term and not
merely the unexpired balance of the prior incumbent’s term
❁ where an office is created, or an officer is appointed, for the purpose of performing a single act
or the accomplishment of a given result, the office terminates and the officer’s authority ceases with
the accomplishment of the purposes which called it into being

principle of hold-over: in the absence of any express or implied constitutional or statutory provision
to the contrary, the public officer is entitled to hold his office until his
successor shall have been duly chosen and shall have qualified;
purpose is to prevent a hiatus in public service
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♡ The compulsory retirement age is 70 years of age for members of the Judiciary; 65 for other
govt officers and employees
♡ Retirement laws are liberally construed and administered in favor of the persons intended to be
benefited, and all doubts are resolved in favor of the retiree to achieve their humanitarian purpose
♡ A person who has reached the compulsory retirement age of 65 may still be appointed to a govt
position provided that it is a coterminous or primarily confidential position; the tenure of a confidential
employee is coterminous with that of the appointing authority
♡ Retirement from the service during the pendency of an administrative case does not render the
case moot and academic

resignation: act of giving up or the act of a public officer by which he declines his office and
renounces the further right to use it;
expression of the incumbent in some form, express or implied, of the intention to
surrender, renounce and relinquish the office and the acceptance thereof by
competent and lawful authority

♡ Resignation must be voluntary on the part of the public officer; if procured by fraud or by duress,
the resignation may be repudiated
♡ Resignation must be accepted by competent authority, either expressly or impliedly
♡ Mere tender of resignation, without acceptance by competent authority does not create a vacancy
in public office
♡ Resignation is not complete until accepted by proper authority
♡ Acceptance of the resignation shall be made by competent authority as provided by law

Officers authorized to accept resignations of elective officials

❁ President: in case of governors, vice-governors, and mayors and vice-mayors of
highly urbanized cities and independent component cities
❁ Governor: in case of municipal mayors and vice-mayors, city mayors and vice-mayors
of component cities; sanggunian concerned, in case of sanggunian members
❁ City/Municipal Mayor in case of barangay officials

♡ The resignation shall be deemed accepted if not acted upon by the authority concerned within 15
working days from receipt thereof

Rules if law is silent

❁ if the public officer resigning is an appointive officer, then the tender shall be made with, and
accepted by, the appointing authority
❁ if an elective officer, then tender shall be made with and accepted by, the officer/s authorized
by law to call an election in order to fill the vacancy

♡ The President and VP tender their resignations with Congress; members of Congress, with their
respective Houses

♡ The date specified in the tender is the effective date of resignation

♡ If no date is specified, then resignation shall be effective when the public officer receives notice
of the acceptance of his resignation, not the date of the letter or notice of acceptance

♡ Resignation does not divest court of jurisdiction

recall: termination of official relationship of an elective official for loss of confidence prior to the
expiration of his term through the will of the electorate
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♡ Recall is exercised by the registered voters of a local govt unit to which the local elective official
subject to such recall belongs
♡ Recall shall be initiated upon petition by at least 25% of the total number of registered voters in
the LGU concerned during the election in which the local official sought to be recalled was elected
♡ Upon the filing of a valid petition for recall with the appropriate local office of the COMELEC, the
Commission or its duly authorized representative shall set the date for the election on recall, which
shall not be later than 30 days after the filing of the resolution or petition in the case of the
barangay, city or municipal officials, and 45 days in case of provincial officials
♡ The recall of an elective local official shall be effective only upon the election and proclamation of
a successor in the person of the candidate receiving the highest number of votes cast during the
election on recall
♡ The elective local official sought to be recalled shall not be allowed to resign while the recall
process is in progress

Limitations on recall
❁ any elective local official may be the subject of a recall election only during his term of office
for loss of confidence
❁ no recall shall take place within one year from the date of the official’s assumption to office or
one year immediately

♡ No officer or employee in the CS shall be suspended or dismissed except for cause as provided
by law after due process
♡ Removal not for a just cause, or non-compliance with the prescribed procedure constitutes a
reversible error, and entitles the officer or employee to reinstatement with back salaries and without
loss of seniority rights
♡ Demotion is tantamount to unlawful removal if no cause is shown for it, or if it is not part of
any disciplinary action

dishonesty: intentionally making a false statement in any material fact, or practicing or attempting
to practice any deception or fraud in securing his examination, registration, appointment
or promotion

♡ Dismissal from the service, as the prescribed penalty for dishonesty even as a first offense,
underscores the constitutional principle that a public office is a public trust, and only those who can
live up to such exacting standard deserve the honor of continuing in public service
♡ Mere misdeclaration of the SALN does not automatically amount to dishonesty
♡ Dishonesty requires malicious intent to conceal the truth or to make false statements, otherwise,
the govt employee may only be held liable for negligence, not for dishonesty
♡ Misrepresentation of qualifications (educational attainment and eligibility for govt service) amounts
to plain and simple dishonesty, as it refers to the act of intentionally making a false statement on
a material fact in securing one’s appointment
♡ Falsification or irregularities in the keeping of time records constitute dishonesty, a grave offense
punishable by dismissal from the service

Administrative disabilities due to dismissal

❁ cancellation of civil service eligibility
❁ forfeiture of retirement benefits
❁ perpetual disqualification from reemployment in any govt agency or instrumentality, including GOCC
and govt financing institutions

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♡ Conduct prejudicial to the best interest of the service is classified as a grave offense, and the
penalty for a second offense is dismissal from the service
♡ Conduct prejudicial to the best interest of the service is defined as acts or omissions that violate
the norm of public accountability and diminish or tend to diminish the faith of the people in the
Judiciary thereby prejudicing the best interest in the administration of justice
♡ The questioned conduct tarnishes the image and integrity of public office

misconduct: transgression of some established and definite rule of action, more particularly, unlawful
behavior as well as gross negligence by the public officer

♡ When an elected official refuses to recognizes a legitimate operation of a govt agency and willfully
intervenes to lead the said operation to failure, grave misconduct is committed
♡ Corruption, as an element of grave misconduct, consists in the act of an official or employee who
unlawfully or wrongfully uses his station or character to procure some benefit for himself or for
another at the expense of the rights of others

Grounds for removal of govt officer (Admin Code of 1987)

❁ unsatisfactory conduct
❁ want of capacity

♡ Poor performance falls within the concept of inefficiency or incompetence in the performance of
official duties
♡ Inefficiency or incompetence can only be determined after the passage of sufficient time

♡ Length of service may be considered either as mitigating or aggravating depending on the

circumstances of the case
♡ Good faith is actually a question of intention and can be ascertained not from a person’s own
protestation of good faith, which is self-serving, but from evidence of his conduct and outward acts

gross negligence: refers to negligence characterized by the want of even slight care, acting or
omitting to act in a situation where there is a duty to act, not inadvertently but
willfully and intentionally, with a conscious indifference to consequences in so
far as other persons may be affected

♡ In cases involving public officials, there is gross negligence when a breach of duty is flagrant and
palpable

simple neglect of duty: failure of an employee to give proper attention to a required task or to
discharge a duty due to carelessness or indifference

♡ When a bank official willfully disregards the bank procedure, the act constitutes gross, not just
simple neglect of duty; the banking business is one impressed with public trust and a higher degree
of diligence is imposed on banks compared to an ordinary business enterprise in the handling of
deposited funds

♡ Where an officer or employee in the civil service incurs unauthorized absences exceeding the
allowable 2.5 days monthly leave credits for at least 3 months in a semester or at least 3 consecutive
months during the year, his acts constitute habitual absenteeism
♡ Habitual absenteeism warrants dismissal if it is the second offense

♡ Tenure of “political” or “non-career” members of the Foreign Service is coterminous with that of
the appointing authority or subject to his pleasure

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♡ Officials and employees holding primarily confidential positions continue in office for as long as
confidence in them endures; their cessation from office involves no removal but expiration of term
of office

♡ When a govt officer is subject to an administrative action, there must be a formal charge against
him and an investigation to give him ample opportunity to be heard
♡ An administrative case against a public officer shall continue despite the withdrawal by the
complainant since they are impressed with public interest
♡ Substantial proof and not clear and convincing evidence or proof beyond reasonable doubt is
sufficient basis for the imposition of any disciplinary action upon an employee

♡ Heads of ministries, agencies and instrumentalities, provinces, cities and municipalities have jurisdiction
to investigate and decide matters involving disciplinary action against officers and employees under
their jurisdiction
♡ ^If penalty imposed is suspension of not more than 30 days or fine in an amount not exceeding
30 days salary, their decision shall be final
♡ Decision shall be initially appealed to the department head and finally to the CSC; pending appeal,
the same shall be executory except when penalty is removal (only executory after confirmation by
the department head)
♡ The CSC has appellate jurisdiction, but it may also exercise jurisdiction over a complaint filed
directly with it, regardless of who initiated the complaint

♡ The proper disciplining authority may preventively suspend for 90 days any subordinate officer or
employee under his authority pending an investigation if the charge against such officer or employee
involves dishonesty, oppression or grave misconduct, or neglect in the performance of duty, or if
there are reasons to believe that the respondent is guilty of charges which would warrant his removal
from the service
♡ Preventive suspension may be ordered even without a hearing
♡ An employee who was preventively suspended will still be entitled to the step increment after
serving the period of preventive suspension, even if the pending administrative case against him has
not yet been resolved or dismissed
♡ The employee has no right to compensation during preventive suspension pending investigation
even if he is exonerated
♡ In order to be entitled to payment of back salaries, it is not enough that an employee be
exonerated of the charges against him – it must be shown that his suspension is unjustified

♡ Appeal shall be made within 15 days from receipt of the decision, unless a petition for reconsideration
is seasonably filed, which petition shall be decided within 15 days

Grounds for reconsideration

❁ new evidence has been discovered which materially affects the decision rendered
❁ the decision is not supported by the evidence on record
❁ errors of law or irregularities have been committed which are prejudicial to the interest of the
respondent

When summary removal may apply

❁ when the charge is serious and evidence of guilt is strong
❁ when respondent is a recidivist or has been repeatedly charged, and there is reasonable ground
to believe that he is guilty of the present charge
❁ when respondent is notoriously undesirable
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♡ The President may commute or remove administrative penalties or disabilities imposed upon officers
or employees in disciplinary cases in meritorious cases and upon recommendation of the CSC
♡ When a person is granted a pardon because he did not truly commit the offense, the pardon
relieves him from all punitive consequences of his criminal act, thereby restoring him to his clean
name, good reputation and unstained character prior to his finding of guilt

abandonment: voluntary relinquishment of an office by the holder with the intention of terminating
his possession and control thereof

♡ Abandonment of office is a species of resignation; it is a voluntary relinquishment through non-

user

non-user: neglect to use a privilege or a right or to exercise an easement or an office

♡ A person holding public office may abandon such office by non-user or by acquiescence
♡ Non-performance of the duties of an office does not constitute abandonment where such non-
performance results from temporary disability or from involuntary failure to perform
♡ Abandonment may also result from acquiescence by the officer in his wrongful removal or discharge
♡ Where, while desiring and intending to hold the office, and with no willful desire or intention to
abandon it, the public officer vacates it in deference to the requirements of a statute which is
afterwards declared unconstitutional, such a surrender will not be deemed abandonment
♡ Mere delay in qualifying for the office is not abandonment
♡ An officer or employee shall be automatically separated from the service if he fails to return to
the service if he fails to return to the service after the expiration of 1-year leave of absence without
pay
♡ There is nothing that the govt can do to compel an unwilling employee to return to govt service
♡ The CSC may not, on its own, terminate employment or drop an employee from the rolls, where
the employer itself has opted to retain and even promote the employee
♡ Officers and employees who are absent for at least 30 days without approved leave are considered
on AWOL and shall be dropped from the service after due notice
♡ While the approval of leaves of absence depends upon the needs of the service, and is therefore
discretionary upon the head of the department or agency, this discretion must be exercised properly
♡ Failure to make a courtesy call to one’s superior is not an offense, much less a ground to terminate
an officer’s employment

test of incompatibility: by the nature and relation

of the two offices to each other,
they ought not to be held
by one person
from the contrariety and antagonism
which would result
in the attempt by one person
to faithfully and impartially discharge
the duties of one
toward the incumbent of the other

♡ Acceptance of incompatible office ipso facto vacates the other

♡ Exception to this is where the public officer is authorized by law to accept the other office

♡ Congress has the right to abolish an office, even during the term for which an existing incumbent
may have been elected
♡ Constitutional offices cannot be abolished by Congress
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♡ No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of
its members
♡ Valid abolition of office does not constitute removal of the incumbent
♡ It is within the legal competence of the City Council to create, consolidate and reorganize city
offices and positions wholly supported by local funds

Requisites for abolition of office

❁ made in good faith
❁ with clear intent to do away with the office
❁ not for personal or political reasons
❁ cannot be implemented in a manner contrary to law

♡ Reorganization is valid as long as it is done in good faith

test of good faith: whether the purpose of the reorganization is for economy or to make the
bureaucracy more efficient

♡ It was never intended that department and agency heads would be vested with untrammeled and
automatic authority to dismiss the millions of govt workers on the stroke of a pen and with the
same sweeping power determine under their sole discretion who would be appointed or reappointed
to the vacant positions
♡ There is no violation of due process even if no hearing was conducted in the matter of
reorganization, as long as the employee was given a chance to present evidence

Guidelines for removal of employees

❁ existence of a case for summary dismissal pursuant to Sec 40, CS Law
❁ probable cause for violation of RA 3019
❁ gross incompetence or inefficiency in the discharge of functions
❁ misuse of public office for partisan political activities
❁ analogous grounds showing that the incumbent is unfit to remain in the service

♡ Reorganization in a bureau or office performing constituent functions, or in a GOCC must meet a

common test, the test of good faith
♡ Good faith, as a component of reorganization under a constitutional regime, is judged from the
facts of each case
♡ PD 1772, grants the President the continuing authority to reorganize the national govt, which
includes the power to group, consolidate bureaus and agencies, to abolish offices, to transfer functions,
to create and classify functions, services and activities and to standardize salaries and materials
♡ There is no such thing as a vested right to public office; the fundamental right to security of
tenure cannot be invoked against a valid abolition of office effected by the Legislature itself
♡ When there is reorganization conducted pursuant to authority granted to the BOD of a GOCC, an
officer reassigned to a new position cannot claim that she was illegally removed from the previous
one on the claim that the BOD has no authority to effect reorganization
♡ Where the law allows a GOCC’s BOD to create its own staffing pattern, it may hire a person
even if the position being filled does not exist in the compensation and classification system of the
CSC

♡ A petition for reinstatement, or the recovery of the public office, must be instituted within 1 year
from the date the petitioner is unlawfully ousted from his office

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♡ Title to public office should not be subjected to continued uncertainty; and the people’s interest
requires that such right should be determined as speedily as possible
♡ Filing of an action for administrative remedy does not suspend the period for filing the appropriate
judicial proceeding
♡ Unless there are strong, compelling and special circumstances to warrant a different course, courts
will not entertain a petition for reinstatement filed beyond the 1-year period

♡ Death of the incumbent of an office necessarily renders the office vacant

♡ The office of any official elected who fails or refuses to take his oath of office within 6 months
from his proclamation shall be considered vacant, unless said failure is for a cause or causes beyond
his control

♡ When the penalty imposed, upon conviction, carries with it the accessory penalty of disqualification,
conviction by final judgment automatically terminates official relationship
♡ While a plenary pardon extinguishes the accessory penalty of disqualification, it will not restore the
public office to the officer convicted; he must be given a new appointment to the position

♡ Any person holding a public appointive office or position, including active members of the AFP and
officers and employees in GOCCs shall be considered ipso facto resigned from his office upon the
filing of his certificate of candidacy

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 General Principles
suffrage: right to vote in the election of officers chosen by the people and in the determination
of questions submitted to the people;
includes within its scope election, plebiscite, initiative and referendum

♡ Fundamental to the idea of democracy and a republican state is the right of the people to determine
their own destiny through the choice of leaders they may have in govt

election: the means by which

the people choose their officials
for a definite and fixed period
and to whom they entrust
for the time being
the exercise of the powers of govt

Kinds of election
❁ regular: one provided by law for the election of officers either nationwide or in certain
subdivisions thereof, after the expiration of the full term of the former officers
❁ special: one held to fill a vacancy before the expiration of the term for which the incumbent
was elected

Theories on suffrage
❁ natural right theory: suffrage is a natural and inherent right of every citizen who is not disqualified
by reason of his own reprehensible conduct or unfitness
❁ social expediency: suffrage is a public office or function conferred upon the citizen for reasons
of social expediency; conferred upon those who are fit and capable of
discharging it
❁ tribal theory: it is a necessary attribute of membership in the State
❁ feudal theory: it is an adjunct of a particular status, generally tenurial in character
❁ ethical theory: it is necessary and essential means for the development of society

♡ In the Philippines, suffrage is both a privilege and an obligation

Constitutional mandate on Congress

❁ to provide a system for securing the secrecy and sanctity of the ballot and for absentee voting
by qualified Filipinos abroad
❁ to design a procedure for the disabled and the illiterate to vote without the assistance of other
persons

♡ The law provides that among those disqualified to vote is an immigrant or a permanent resident
of another country who is recognized as such in the host country, unless he executes an affidavit
declaring that he shall resume actual, physical, permanent residence in the Philippines not later than
3 years from the approval of his registration under the said Act, and that he had not applied for
citizenship in another country
♡ In the election for President, VP and Senators, members of the AFP, the PNP and other govt
officers and employees who are duly registered voters and who, on election day, are temporarily
assigned to places where they are not registered in connection with the performance of election
duties, shall be allowed to vote in the place where they are temporarily assigned

♡ Re: Automated Election System

“It is the policy of the State to ensure free, orderly, honest, peaceful and credible and informed
elections, plebiscites, initiatives, referenda, recall and other similar electoral exercises by improving on
102
the election process and adoption systems, which shall involve the use of an automated election
system that will ensure the secrecy and sanctity of the ballot and all election consolidation and
transmission documents in order that the process shall be transparent and credible and that the
results shall be fast, accurate and reflective of the genuine will of the people

AES: system using appropriate technology which has been demonstrated in the voting, counting,
consolidating, canvassing, and transmission of election results and other electoral process

♡ Election period shall commence 90 days before the day of the election and shall end 30 days
thereafter

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 The Commission on Elections
Composition
❁ Chairman
❁ 6 Commissioners

Qualifications
❁ natural born Filipino citizen
❁ at least 35 years of age
❁ holder of college degree
❁ must not have been candidate in the immediately preceding election
❁ majority must be members of the Bar who have been engaged in the practice of law for at least
10 years

♡ They shall be appointed by the President with the consent of Commission on Appointments for
a term of 7 years without reappointment
♡ No member shall be appointed or designated in a temporary of acting capacity

rotational scheme of appointment: first appointees shall serve terms of 7, 5 and 3 years,
respectively;
the rotational scheme is intended to prevent the possibility of one
President appointing all the Commissioners

Conditions of rotational plan

❁ terms of the first Commissioners should start on a common date;
❁ any vacancy due to death, resignation or disability before the expiration of the term shall be filled
only for the unexpired balance of the term

♡ The Commission shall decide by 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

♡ When the COMELEC en banc is equally divided in an opinion, and the necessary majority cannot
be had, there shall be a rehearing; still if no majority decision is reached, the action or proceeding
shall be dismissed if originally commenced in the Commission
♡ In appealed cases, the judgment or order appealed from shall stand affirmed, and in all incidental
matters, the petition or motion shall be denied
♡ A protesting candidate cannot file a petition with the SC when the COMELEC vote is equally divided
and a rehearing is not conducted, otherwise, the petition shall be considered premature and shall be
dismissed

Cases to be heard and decided in division

❁ an election cases, including pre-proclamation contests, originally cognizable by the Commission in
the exercise of its power
❁ petition to cancel certificate of candidacy
❁ cases appealed from RTC and MTC have to be heard and decided in division before they may be
heard en banc upon the filing of a motion for the reconsideration of the division decision
❁ a petition for certiorari from the decision of RTC or MTC is to be resolved in division before it
may be heard en banc

104
Cases to be decided by COMELEC en banc
❁ a motion for reconsideration of a decision of a division
❁ a petition for correction of manifest errors alleging an erroneous copying of figures from the
election return to the Statement of Votes by precinct
❁ power of the COMELEC to prosecute cases of violation of election laws involves the exercise of
administrative powers which may be exercised directly by the Commission en banc
❁ cases when Commission does not exercise its adjudicatory or quasi-judicial powers

♡ The Commission en banc may promulgate its own rules concerning pleading and practice before it
or before any of its offices

Rules concerning pleading and practice before it

❁ must not diminish, increase of modify substantive rights
❁ shall remain effective unless disapproved by the SC
❁ procedural rules in election cases are designed to achieve not only a correct but also an expeditious
determination of the popular will of the electorate
❁ COMELEC has the power to liberally interpret or even suspend its rules of procedure in the
interest of justice, including obtaining a speedy disposition of all matters pending before it
❁ Commission may suspend reglementary periods prescribed in its Rules, or the requirement of a
certificate of non-forum shopping, in the interest of justice and speedy resolution of cases

♡ Only decisions of the COMELEC en banc may be brought to the SC on certiorari

When Court can review orders and decisions of COMELEC in electoral contests
❁ if it will prevent the miscarriage of justice
❁ the issue involves a principle of social justice
❁ the issue involves the protection of labor
❁ the decision or resolution sought to be set aside is a nullity
❁ the need for relief is extremely urgent and certiorari is the only adequate and speedy remedy
available

♡ Only decisions made in the exercise of the Commission’s adjudicatory or quasi-judicial power may
be brought to the SC for review

Constitutional powers and duties of the COMELEC

❁ enforce and administer all laws and regulations relative to the conduct of an election, plebiscite,
initiative, referendum or recall
❁ exclusive original jurisdiction over all contests relating to election, returns and qualifications of all
elective regional, provincial, and city officials
exclusive appellate jurisdiction over all contests involving elective municipal officials decided by
trial courts of general jurisdiction or involving elective barangay officials decided by trial courts or
limited jurisdiction
❁ decide, save those involving the right to vote, all questions affecting elections, including
determination of the number and location of polling places, appointment of election officials and
inspectors, and registration of voters
❁ deputize, with the concurrence of the President, law enforcement agencies and instrumentalities
of the Govt, including the AFP, for the exclusive purpose of ensuring free, orderly, honest, peaceful
and credible elections
❁ register, after sufficient publication, political parties, organizations or coalitions which, in addition to
other requirements, must present their platform or program of govt; and accredit citizen’s arms of
the COMELEC
105
❁ file, upon a verified complaint, or on its own initiative, petitions in court for inclusion and exclusion
of voters; investigate and, where appropriate, prosecute cases of violations of election laws, including
acts or omissions constituting election frauds, offenses and malpractices
❁ recommend to Congress effective measures to minimize election spending, including limitation of
places where propaganda materials shall be posted, and to prevent and penalize all forms of election
frauds, offenses, malpractices and nuisance candidacies
❁ submit to the President and Congress a comprehensive report on the conduct of each election,
plebiscite, initiative, referendum and recall

election: means by which people choose their officials for a definite and fixed period, and to
whom they entrust for the time being the exercise of the powers of govt
plebiscite: submission of constitutional amendments of important legislative measures to the
people for ratification
initiative: power of the people to propose amendments to the Constitution, or to propose and
enact legislation through an election called for the purpose
referendum: power of the electorate to approve or reject national or local legislation through an
election called for the purpose
recall: termination of official relationship of a local elective official for loss of confidence
prior to the expiration of his term through the will of the electorate

♡ The authority of the COMELEC to promulgate rules and regulations to enforce and administer all
election laws includes the determination, within the parameters fixed by law, of appropriate periods
for the accomplishment of pre-election acts like filing petitions for registration under the party-list
system
♡ COMELEC has the authority to annul the results of a plebiscite
♡ During the election period, the COMELEC may regulate enjoyment or utilization of all franchises
and permits for the operation of transportation and other public utilities, media of communication or
information, grants, special privileges and concessions
♡ No pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules, and
regulations shall be granted by the President without the favorable recommendation of COMELEC

Instances where a failure of election may be declared

❁ election in any polling place has not been held on the date fixed on account of force majeure,
violence, terrorism, fraud, or another analogous causes
❁ election in any polling place has been suspended before the hour fixed by law for the closing of
the voting on account of force majeure, violence, terrorism, fraud, or another analogous causes
❁ after the voting and during the preparation and transmission of the election returns or in the
custody or canvass thereof, such election results in a failure to elect on account of force majeure,
violence, terrorism, fraud and other analogous causes

♡ COMELEC cannot exercise the power of apportionment

♡ COMELEC cannot make an unofficial quick count of presidential election results; it usurps sole and
exclusive authority of Congress to canvass the votes for the election of President and the VP
♡ COMELEC cannot deny due course or cancel certificate of candidacy in due form without proper
proceedings

♡ Decisions, final orders or rulings of the COMELEC contests involving elective municipal and barangay
offices shall be final, executory and not appealable
♡ COMELEC has exclusive jurisdiction over all pre-proclamation cases
♡ The proclamation of congressional candidate following the election divests COMELEC of jurisdiction
over disputes relating to the election, returns and qualifications of the proclaimed Representative

106
♡ The express grant of power to the COMELEC to resolve election contests carries with it the grant
of all other powers necessary, proper or incidental to the effective and efficient exercise of the
power expressly granted
♡ The COMELEC is without power to partially or totally annul a proclamation or suspend the effects
of a proclamation without notice and hearing, as this could constitute a violation of the due process
clause

♡ COMELEC has the power to issue writs of certiorari, mandamus or prohibition in the exercise of
its appellate jurisdiction
♡ Appeal to the COMELEC from the RTC must be filed within 5 days from receipt of a copy of
the decision
♡ Motion for reconsideration is a prohibited pleading

♡ The right of a party to seek execution pending appeal is strictly construed; the grant of the
motion is dependent on the public interest involved
♡ Judgments which may be executed pending appeal are not only those rendered by the trial court,
but by the COMELEC as well
♡ The COMELEC cannot deprive the RTC of its competence to order execution

Valid reasons for granting motion pending appeal

❁ public interest involved or the will of the electorate
❁ shortness of the remaining portion of the term
❁ length of time that the election protest has been pending

♡ The COMELEC has the statutory power to cite for contempt, but only when the COMELEC is
engaged in the exercise of quasi-judicial powers

♡ Religious denominations and sects shall not be registered

♡ Financial contributions from foreign govt and their agencies to political parties, organizations,
coalitions, or candidates related to elections constitute interference in national affairs, and when
accepted, shall be an additional ground for the cancellation of their registration with the Commission
♡ Political parties, organizations, or coalitions registered under the party-list system shall not be
represented in the voters’ registration boards, boards of election inspectors, board of canvassers, or
other similar bodies

♡ Finding of probable cause in the prosecution of election offenses rests in the COMELEC’s sound
discretion

Statutory powers of the COMELEC

❁ to exercise supervision and control over all officials required to perform election duties,
promulgate rules and regulations,
punish contempt,
inquire into financial records of candidates
prescribe forms to be used in the elections
procure supplies and materials needed for the election
❁ power to declare failure of election
❁ conduct of special election
❁ exclusive original jurisdiction over all pre-proclamation contests

107
 Voters: Qualification and Registration
Qualifications for suffrage
❁ citizen of the Philippines not otherwise disqualified by law
❁ at least 18 years of age
❁ shall have resided in the Philippines for at least 1 year
❁ resided in the place they propose to vote at least 6 months

♡ Transfer of residence solely by reason of occupation, profession or employment does not result
in loss of original residence

Disqualifications
❁ any person sentenced by final judgment to suffer imprisonment of not less than 1 year, bur right
is reacquired upon the expiration of 5 years after service of sentence
❁ any person adjudged by final judgment of having committed any crime involving disloyalty to the
govt or any crime against national security; but right is reacquired upon expiration of 5 years after
service of sentence
❁ insane or incompetent persons as declared by competent authority

♡ It shall be the duty of every citizen to register and cast his votes
♡ No registration shall be conducted during the period starting 120 days before a regular election and
90 days before a special election
♡ Registration of illiterate or disabled voters is done with the assistance of a relative within the 4th
civil degree of consanguinity or affinity, or the Election Officer, or any member of an accredited
citizens’ arm
♡ Grounds for deactivation of registration are the same as the grounds for disqualification from
suffrage

Additional grounds for deactivation of registration

❁ failure to vote in 2 successive preceding regular elections as shown by the voting records
❁ cancellation of registration as ordered by the court
❁ loss of Filipino citizenship

♡ The voter may file with the Election officer a sworn statement for reactivation of his registration
in the form of an affidavit stating that the grounds for deactivation no longer exist any time but
not later than 120 days before a regular election and 90 days before a special election

♡ Petition for inclusion, exclusion or correction of names of voters shall be filed during office hours
♡ Notice of the place, date and time of the hearing of the petition shall be served upon the members
of the Board and the challenged voter upon filing of the petition
♡ A petition shall refer only to one precinct and shall implead the Board as respondents
♡ No costs shall be assessed against any party in these proceedings
♡ Any voter, candidate or political party affected by the proceedings may intervene and present his
evidence
♡ The decision shall be based on the evidence presented and in no case upon a stipulation of facts
♡ Petition shall be heard and decided within 10 days from the date of filing
♡ Cases appealed to the RTC shall be decided within 10 days from receipt of the appeal

108
♡ In all cases, the court shall decide these petitions not later than 15 days before the election and
the decision shall become final and executory

♡ MTC and MeTC shall have original and exclusive jurisdiction over all cases of inclusion and exclusion
of voters in their respective municipalities and cities
♡ Appeal shall be filed to the RTC within 5 days from notice thereof, RTC shall decide within 10
days from time it is received and decision shall become final and executory (no motion for
reconsideration)

♡ Any person whose application for registration has been disapproved by the Board or whose name
has been stricken out from the list may file with the court a petition to include his name in the
permanent list of votes in his precinct at any time except 105 days prior to a regular election or 75
days

♡ The COMELEC shall, upon verified petition of any voter or election officer or duly registered political
party, and after notice and hearing, annul any book of voters that was not prepared in accordance
with the provisions of the law, or was prepared through fraud, bribery, forgery, impersonation,
intimidation, force or any similar irregularity, or which contains data that are statistically improbable
♡ No order, ruling or decision annulling a book of voters shall be executed with 90 days before an
election

109
 Candidates; Certificates of Candidacy
♡ Qualifications prescribed by law are continuing requirements and must be possessed for the duration
of the officer’s active tenure
♡ Once any of the prescribed qualifications is lost, his title to the office may be seasonably challenged

♡ The LGC does not specify any particular date when the candidate must possess Filipino citizenship

♡ Every person has a domicile or residence somewhere

♡ Where once established, the domicile remains until he acquires a new one
♡ A person can have but one domicile at a time

♡ A change of residence requires actual and deliberate abandonment, because one cannot have two
legal residences at the same time

Disqualifications under the Omnibus Election Code

❁ declared as incompetent or insane by competent authority
❁ sentenced by final judgment for subversion, insurrection, rebellion, or any offense for which he
has been sentenced to a penalty of more than 18 months imprisonment
❁ sentenced by final judgment for a crime involving moral turpitude
❁ any person who is a permanent resident of or an immigrant to a foreign country, unless he has
waived his status as such

♡ Once a person is granted an absolute pardon that fully restored all his civil and political rights, it
would naturally include the right to seek public office
♡ A violation of BP 22 is a crime involving moral turpitude
♡ Violation of the Anti-Fencing Law involves moral turpitude

Disqualifications under the LGC

❁ those sentenced by final judgment for an offense punishable by one year of more of imprisonment,
and within 2 years after serving sentence
❁ those removed from office as a result of an administrative case
❁ those convicted by final judgment for violating the oath of allegiance to the Republic of the
Philippines
❁ those with dual citizenship
❁ fugitives from justice in criminal and non-political cases here and abroad
❁ permanent residents in a foreign country or those who have acquired the right to reside abroad,
and continue to avail of the same right after the effectivity of the LGC
❁ those who are insane or feeble-minded

Additional grounds for disqualification (Sec 68, BP 881)

❁ one who has given money or other material consideration to influence, induce or corrupt the voters
or public officials performing electoral functions
❁ one who committed acts of terrorism to enhance his candidacy
❁ one who spent in his election campaign an amount in excess of that allowed by this Code
❁ one who has solicited, received or made contributions prohibited under
Sec 89 (transportation, food and drinks)

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 Sec 95 (public or private financial institutions, public utilities or exploitation of natural resources,
contractors of public works or other governmental contracts; franchise holders or concessionaires;
educational institutions receiving grants from the govt; officials of the CS or the AFP, foreigners or
foreign corporations)
Sec 96 (foreign-sourced contributions)
Sec 97 (raising of funds through lotteries, cockfights, boxing bouts, bingo, beauty contests)
Sec 104 (prohibited contributions to churches, school buildings, roads, bridges, medical clinics)
❁ one who has violated the provisions of Sec 80 (campaign period), Sec 83 (removal, destruction of
lawful election propaganda), Sec 86 (regulation of propaganda through mass media)
❁ one who was violated the provisions of Sec 261 (election offenses)

♡ The COMELEC shall set the deadline for the filing of certificate of candidacy/petition of
registration/manifestation to participate in the election, to insure that the official ballot shall contain
the titles of the positions to be filled, the names of all candidates for the same position, arranged
alphabetically by surname and uniformly indicated using the same type size

♡ Any person who files his certificate of candidacy shall be considered as a candidate at the start
of the campaign period for which he filed his certificate of candidacy
Provided; unlawful acts or omissions applicable to a candidate shall take effect only upon the
start of the aforesaid campaign period
Provided; any person holding a public appointive office or position, including active members
of the armed forces, and officers and employees in GOCCs, shall be considered ipso facto resigned
from his/her office and must vacate the same at the start of the day of the filing of his certificate
of candidacy

♡ No candidate can be held liable for premature campaigning, because “he shall be considered a
candidate (only) at the start of the campaign period”

♡ Appointive public officials who file certificates of candidacy shall be considered ipso facto resigned
from their appointive public office on the day of filing such certificate of candidacy

♡ The election of a candidate cannot be annulled on the sole ground of formal defects in the
certificate, such as lack of the required oath

♡ If, after the last day for the filing of certificates of candidacy, an official candidate of a registered
political party dies, withdraws or is disqualified for any cause, only a person belonging to and certified
by the same political party may file a certificate of candidacy for the office not later than mid-day
of the day of the election
♡ In case of valid substitution after the official ballots have been printed, the votes cast for the
substituted candidate shall be considered votes for the substitute

♡ There should be a candidate in order for substitution to take place

♡ A person without a valid COC is not considered as a candidate, it necessarily follows that if a
person’s COC had been denied due course and/or is cancelled, he cannot be validly substituted in the
electoral process

♡ The cancellation of a COC involves the exercise of the quasi-judicial power of the COMELEC; a
case for cancellation must first be heard and decided by the COMELEC in division, before it may be
elevated to the COMELEC en banc on motion for reconsideration

♡ A cancelled certificate of candidacy void ab initio cannot give rise to a valid candidacy, and much
less to valid votes; effect: the second placer candidate is deemed to have garnered the highest
number of votes and is entitled to hold the corresponding elective position
111
♡ The withdrawal of the certificate of candidacy shall effect the disqualification of the candidate to
be elected for the position

♡ When a person files two certificates of candidacy for different offices, he becomes ineligible for
either position; he may withdraw one of his certificates by filing a sworn declaration with the COMELEC
before the deadline for the filing of certificates of candidacy

♡ Subject to its authority over nuisance candidates and its power to deny due course to or cancel a
certificate of candidacy, the COMELEC shall have only ministerial duty to receive and acknowledge
receipt of the certificate of candidacy
♡ The COMELEC has no discretion to give or not to give due course to a certificate of candidacy
filled in due form; may only look into patent defects in the certificate, not into matters not appearing
on the face of the certificate
♡ The COMELEC has no discretion to give or not to give due course to certificates of candidacy;
that it may not unilaterally cancel a certificate of candidacy filed in due form without proper notice
and hearing
♡ It is the duty of the COMELEC to cancel, motu proprio, the certificate of candidacy of a candidate
who is clearly disqualified under the law to run for public use, notwithstanding the absence of any
petition initiating a quasi-judicial proceeding for the resolution of the same

Instances when COMELEC may go beyond face of certificate

❁ nuisance candidates
❁ petition to deny due course or to cancel a certificate of candidacy
❁ a disqualification case based on any of the grounds enumerated in Sec 68, BP 881

Nuisance candidates
❁ to put the election process in mockery or disrepute
❁ to cause confusion among the votes by the similarity of the names of the registered candidates
❁ by other circumstances or acts which clearly demonstrate that the candidate has no bona fide
intention to run for the office for which the certificate has been filed, and thus, prevent a faithful
determination of the true will of the electorate

♡ To minimize the logistical confusion caused by nuisance candidates, their candidates, their certificates
of candidacy may be denied due course or cancelled by the COMELEC
♡ The proclamation if the winning candidate renders moot and academic a motion for reconsideration
filed by a candidate earlier declared by the COMELEC to be a nuisance candidate

♡ Jurisdiction over a petition to cancel a certificate of candidacy lies with the COMELEC in division,
not with the COMELEC en banc; to deny due course or to cancel a certificate of candidacy entails
the exercise of the COMELEC’s quasi-judicial powers
♡ The false representation in the contents of the CoC must refer to material matters in order to
justify the cancellation of the CoC
♡ The false material representation may refer to the claim of eligibility for office when the candidate
does not possess the requisite qualifications

♡ The jurisdiction of the COMELEC to disqualify candidates is limited to the grounds enumerated in
Sec 68, BP 881; all other election offenses are beyond the ambit of the COMELEC jurisdiction
♡ The offenses are criminal and not administrative in nature, and the power of the COMELEC over
such cases is confined to the conduct of preliminary investigation on the alleged election offense

112
♡ A petition for disqualification cannot be treated as a petition for quo warranto, as the former is
unquestionably premature

petition for disqualification petition to deny course to a CoC

❁ hinged on either: ❁ premised on a person’s misrepresentation of
✧ a candidate’s possession of a permanent any of the material disqualifications required for
resident status in a foreign country the elective office aspired for
✧ his commission of certain acts of
disqualification (vote-buying, terrorism,
overspending, soliciting or making prohibited
contributions)
❁ merely prohibited to continue as a candidate ❁ not treated as a candidate at all; as if he
never filed a certificate of candidacy

♡ Any candidate who has been declared by final judgment to be disqualified shall not be voted for,
and the votes cast for him shall not be counted
♡ Where the decision of the COMELEC disqualifying the candidate is not yet final and executory on
election day, the Board of Election Inspectors (BEI) in the exercise of its ministerial duty, is under
obligation to count and tally the votes cast in favor of the candidate
♡ If the ground for disqualification is the cancellation of the COC because of a false representation
on a material fact, then the votes cast for such candidate are null and void, deemed stray, because
the person is considered not to have been a candidate at all
♡ If the disqualification is based on grounds mentioned in Sec 68, the person is still considered
technically to have been a candidate, although proscribed to continue as such only because of
supervening infractions which do not, however, deny his statutory liability

113
 Campaign; Election Propaganda Contributions and Expenses
election campaign/partisan political activity: act designed to promote the election or defeat of a
particular candidate/s to public office

♡ Public expressions or opinions or discussions of probable issues in a forthcoming election or on

attributes of or criticisms against probable candidates proposed to be nominated in a forthcoming
political party convention shall not be construed as part of any election campaign or partisan political
activity

Elements of unlawful election campaign

❁ a person engages in election campaign or partisan political activity
❁ act is designed to promote the election or defeat of a particular candidate
❁ act is done outside the campaign period

♡ Any political party or candidate shall notify the election registrar of any public rally said political
party or candidate intends to organize and hold in the city or municipality, and within 7 days thereafter
submit to the election registrar a statement of expenses incurred in connection therewith

♡ Print advertisements donated to a candidate shall not be published without the written acceptance
of the said candidate, which written acceptance shall be attached to the advertising contract and
submitted to the COMELEC
♡ Prohibition of certain forms of election propaganda was upheld as a valid exercise of the police
power, “to prevent the perversion and the prostitution of the electoral apparatus, of the denial of
due process of law”

contribution: gift, donation, subscription, loan, advances or deposit of money or anything of value,
or a contract, promise or agreement to contribute, whether or not legally enforceable,
made for the purpose of influencing the results of the elections, but shall not include
services rendered without compensation by individuals volunteering a portion or all of
their time in behalf of a candidate or a political party;
shall also include the use of facilities voluntarily donated by other persons, the money
value of which can be assessed based on the rates prevailing in the area

Prohibited contributions: made directly or indirectly by

❁ public or private financial institutions
Provided: nothing herein shall prevent the making of any loan to a candidate or political party
by any such public or private institutions legally in the business of lending money, and that the loan
is made in accordance with laws and regulations in the ordinary course of business
❁ natural and juridical persons operating a public utility, or in possession of or exploiting any natural
resources of the nation
❁ natural and juridical persons who hold contracts or sub-contracts to supply the govt or any of its
divisions, subdivisions or instrumentalities with goods or services or to perform construction or other
works
❁ natural and juridical persons who have been granted franchises, incentives, exemptions, allocations
or similar privileges or concessions by the govt or any of its divisions, subdivisions or instrumentalities,
including GOCCs
❁ educational institutions which have received grants of public funds amounting to no less than
P100,000
❁ officials or employees in the Civil Service, or members of the AFP
❁ foreigners and foreign corporations

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♡ No candidate, his spouse or any relative within the second civil degree of consanguinity or affinity
or his campaign manager, agent or representative, shall during the campaign period, on the day before
and on the date of the election, directly or indirectly, make any donation, contribution or gift in case
or in kind, or undertake to contribute to the construction or repair of roads, bridges, school houses,
puericulture centers, medical clinics and hospitals, churches or chapels, cement pavements or any
structure for public use or for the use of any religious or civic organization

Limitations on expenses
❁ for candidates:
✧ P10 for President and VP
✧ other candidates, P3 for every voter currently registered in the constituency
❁ for political parties: P5 for every voter currently registered in the constituency where it has
official candidates

♡ Every candidate and treasurer of the political party shall, within 30 days after the day of the
election, file in duplicate with the office of the Commission, the full, true and itemized statement of
all contributions and expenditures in connection with the election
♡ Except candidates for elective barangay office, failure to file the statements or reports in connection
with electoral contributions and expenditures as required shall constitute an administrative offense

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 Board of Election Inspectors; Watchers
Composition of the BEI
❁ chairman
❁ member
❁ poll clerk

♡ A member must be of good moral character and irreproachable reputation, a registered voter of the
city or municipality, never been convicted of any election offense or any other crime punishable by
more than 6 months imprisonment, and must be able to speak and write English or the local dialect

Disqualifications
❁ must not be related within 4th civil degree by consanguinity or affinity to any member of the BEI
or any candidate to be voted for in the polling place
❁ must not engage in any partisan political activity

♡ Where automated election system (AES) is adopted, at least one member of the BEI shall be an
information technology-capable person, who is trained or certified by the DOST to use the AES.

Powers of the BEI

❁ conduct the voting and counting of voting and counting of votes in the polling place
❁ act as deputies of the COMELEC in the supervision and control of the polling place
❁ maintain order within the polling place and its premises to keep access thereto open and
unobstructed
❁ to enforce obedience to its lawful orders and to perform such other functions as may be prescribed
by law or by the rules of the COMELEC

♡ Every registered political party or coalition of political parties, and every candidate shall each be
entitled to one watcher in every polling place and canvassing center

Qualifications of watcher
❁ qualified votes or the city or municipality
❁ of good moral character
❁ never been convicted of any election offense or any crime
❁ knows how to read and write English, Pilipino or any of the prevailing local dialects
❁ and not related within the 4th civil degree by consanguinity or affinity to any member of the BEI
in the polling place where he seeks appointment as watcher

Rights and duties

❁ to stay in the place reserved for them inside the polling place,
❁ witness and inform themselves of the proceedings of the BEI
❁ take notes, photographs of proceedings
❁ file protest against any irregularity or violation of law
❁ be furnished with a certificate of the number of votes cast for each candidate

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 Casting and Counting of Votes
♡ There shall be in each precinct on election day a ballot box with such safety features that the
Commission may prescribe and of such as to accommodate the official ballots

♡ There is nothing in the law that provides that a ballot which has not been authenticated shall be
deemed spurious

Grounds for challenging a person offering to vote

❁ not being registered
❁ for using the name of another
❁ suffering from existing disqualification
❁ has received or expects to receive, paid, offered or promises to pay, contributed, offered or
promised to contribute money or anything of value as consideration for his vote or for the vote of
another
❁ made or received a promise to influence the giving or withholding of any such vote or made a
bet or is interested directly or indirectly in a bet which depends upon the results of the election

idem sonans: name or surname incorrectly written which when read, has a sound similar to the
name or surname of a candidate when correctly written shall be counted in his
favor

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 Canvass and Proclamation
Composition of the Boards of Canvassers in the province
❁ chairman, who is a provincial election supervisor, or a lawyer of a regional office of the Commission
❁ vice chairman, who is the provincial prosecutor
❁ member, who is the provincial superintendent
❁ substitutes,
✧ Provincial Auditor
✧ ROD
✧ Clerk of court nominated by the Exec Judge
✧ any other available appointive provincial official

Composition of the Boards of Canvassers in the city

❁ chairman, who is the city election registrar, or a lawyer of the Commission
❁ vice chairman, who is the city prosecutor
❁ member, who is the city superintendent
❁ substitutes, corresponding officials in the city

Composition of the Boards of Canvassers in the municipality

❁ chairman, who is election registrar, or a representative of the Commission
❁ vice chairman, who is the municipal treasurer
❁ member, who is the most senior district schools supervisor, or in his absence, principal of the
school
❁ substitutes,
✧ Municipal Administrator
✧ Municipal Assessor
✧ Clerk of Court nominated
✧ any other available appointive provincial official

♡ No member of the Board shall be related within the 4th civil degree by consanguinity or affinity to
any of the candidates whose votes will be canvassed by the Board, or to any member of the Board

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 Pre-Proclamation Controversy
♡ Qualifications prescribed by law are continuing requirements and must be possessed for the duration
of the officer’s active tenure

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 Election Contests
Jurisdiction over election contests (original and exclusive)
❁ President/VP: SC/PET
❁ Senator: SET
❁ Representative: HRET
❁ Municipal: RTC
❁ Barangay: Municipal/MeTC

❁ decisions of the RTC and MTC/MeTC/MTCC: COMELEC, within 5 days from promulgation or
receipt of copy thereof, whose decision shall be
final, executory and not appealable
❁ decisions of the COMELEC: petition for review on certiorari (Rule 64) to SC
within 30 days from receipt of copy of decision,
on ground of grave abuse of discretion
tantamount to lack or excess of jurisdiction or
violation of due process
❁ decision of the Electoral Tribunal: petition for review on certiorari (Rule 65) to SC
within 30 days from receipt of copy of decision,
on ground of grave abuse of discretion
tantamount to lack or excess of jurisdiction or
violation of due process

♡ The rules on the timely perfection of an appeal in an election case requires two different appeal
fees; one to be paid to the trial court together with the filing of the NOA, and the other to be paid
to the COMELEC Cash Division within the 15-day period from the filing of the NOA
♡ The COMELEC cannot deprive the RTC of its competence to order the execution of its decision
pending appeal, this being a judicial prerogative and there being no law disauthorizing the same
♡ The provision^ which allows execution pending appeal must be strictly construed against the movant,
as it is an exception to the general rule
♡ The reasons for immediate execution must be of such urgency as to outweigh the injury or damage
of the losing party should such party secure a reversal of the judgment on appeal

♡ In the exercise of its exclusive appellate jurisdiction, the COMELEC has the power to issue writs
of prohibition, mandamus or certiorari

Actions which may be filed

❁ election protest
❁ quo warranto

Requisites of election protest

❁ must be filed by a candidate who has filed a certificate of candidacy and has been voted upon
for the same office
❁ on grounds of fraud, terrorism, irregularities or illegal acts committed before, during and after the
casting and counting of votes
❁ within 10 days from proclamation of the results of the election

♡ Purpose of election protest is to ascertain whether the candidate proclaimed by the Board of
Canvassers is the true and lawful choice of the electorate

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♡ The superior status of the ballots as evidence of how the electorate votes presupposes that these
were the very same ballots actually cast and counted in the elections

Guidelines
❁ the ballots cannot be used to overturn the official count as reflected in the election returns unless
it is first shown affirmatively that the ballots have been preserved with a care which precludes the
opportunity of tampering and all suspicion of charge, abstraction or substitution
❁ the burden of proving that the integrity of the ballots has been preserved is on the protestant
❁ where a mode of preserving the ballot is enjoined by law, proof must be made of such substantial
compliance with the requirements of the mode as would provide assurance that the ballots have been
kept inviolate notwithstanding slight deviations from the precise mode of achieving that end
❁ it is only when the protestant has shown substantial compliance with the provisions of law on
the preservation of the ballots that the burden of proving actual tampering or the likelihood thereof
shifts to the protestee
❁ only if it appears to the satisfaction of the court that the integrity of the ballots has been
preserved should it adopt the result as shown by the recount and not as reflected in the returns

♡ When the ballots are unavailable or cannot be produced, then recourse can be made to untampered
and unaltered election returns or other election documents as evidence
♡ Printouts are functional equivalents of the paper ballots filled out by the voters and thus, may be
used for purposes of revision votes in an election protest
♡ An order regarding the revision of ballots in an interlocutory order because it still requires a party
to perform certain acts leading to the final adjudication of the case
♡ In correcting an erroneous entry, the COMELEC need not order the opening of the ballot box for
the purpose of recounting the votes of the candidates affected if the correction sought is such that
it can be done without the need of opening the ballot box
♡ As a rule, the filing of an election protest or quo warranto precludes the subsequent filing of a
pre-proclamation controversy or amounts to an abandonment of one earlier filed

Exceptions to the ^
❁ the Board of Canvassers was improperly constituted
❁ quo warranto is not the proper remedy
❁ what was filed was not really an election protest or quo warranto but a petition to annul
proclamation
❁ the filing of an election contest was expressly made without prejudice to the pre-proclamation
controversy or was made ad cautelam,
❁ the proclamation was null and void

♡ The period for filing an election protest is suspended by the pendency of a pre-proclamation
contest
♡ For failure of the protestant to pay the basic docket fee, the protest should be dismissed
♡ The death of the protestant does not extinguish an election protest
♡ An election protest is imbued with public interest which raises it onto a plane over and above
ordinary civil actions, because it involves not only the adjudication of the private interests of the rival
candidates but also the paramount need of dispelling once and for all the uncertainty that beclouds
the real choice of the electorate with respect to who shall discharge the prerogatives of the office
within their gift

Requisites of quo warranto

❁ filed by any registered voter in the constituency

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❁ on grounds of ineligibility or disloyalty to the Republic of the Philippines
❁ within 10 days from proclamation of the results of the election

♡ In an elective office, the issue is eligibility of the officer-elect

♡ The court or tribunal cannot declare the protestant or the candidate who obtained the 2nd highest
number of votes as having been elected

♡ In appointive office, the issue is the legality of the appointment, the court determines who of the
parties has legal title to the office

♡ Actual or compensatory damages may be granted in all election contests or quo warranto proceedings
in accordance with law
♡ The criterion for a justifiable award of election expenses and salaries and emoluments remains to
be the existence of pertinent breach of obligations arising from contracts or quasi-contracts, tortous
acts or crimes or a specific legal provision authorizing the money claim in the context of election
cases

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 Election Offenses
Prohibited acts
❁ vote buying and vote selling
❁ wagering upon the result of the election
❁ threats, intimidation, terrorism, use of fraudulent device or other forms of coercion
❁ appointment of new employee, creation of new positions, promotion or granting salary increases
❁ carrying of deadly weapon within a radius of 100 meters from the precinct
❁ transfer or detail of govt official/employee with COMELEC approval
✧ transfer or detail is done within the election period as fixed by the COMELEC
✧ transfer or detail was made without prior approval of the COMELEC

♡ The transfer or detail of a govt officer or employee will not be penalized if done to promote
efficiency in the govt service

♡ Any person or member of the BEI or BOC who tampers, increases or decreases the votes received
by a candidate in any election, or any member of the board who refuses after proper verification
and hearing, to credit the correct votes or deduct such tampered votes
Provided: when the tampering, increase or decrease of votes or the refusal to credit the
correct votes and/or deduct tampered votes are perpetrated on a large scale or in substantial numbers,
the same shall be considered not as an ordinary election offense, but a special election offense to
be known as electoral sabotage and the penalty to be imposed shall be life imprisonment
❁ the tampering, increase and/or decrease of votes perpetrated or the refusal to credit the correct
votes or to deduct tampered votes, is/are committed in the election of a national elective office
which is voted upon nationwide and the tampering, increase and/or decrease in votes, refusal to credit
the correct votes or to deduct tampered votes, shall adversely affect the results of the election to
the said national office to the extent that losing candidate/s is/are made to appear the winners
❁ regardless of the elective office involved, when the tampering, increase and/or decrease of votes
committed or the refusal to credit the correct votes or to deduct tampered votes perpetrated is
accomplished in a single election document or in the transposition of the figure/results from one
election document to another, and involved in the said tampering, increase and/or decrease, or refusal
to credit correct votes or deduct tampered votes exceed 5,000 votes, and that the same adversely
affects the true results of the election
❁ any and all forms of tampering, increase and/or decrease of votes perpetrated, or in cases of
refusal to credit the correct votes or deduct the tampered votes, where the total votes involved
exceed 10,000 votes

♡ Good faith is not a defense; election offenses are generally mala prohibita

♡ The COMELEC has exclusive jurisdiction to “investigate, and where appropriate, prosecute cases of
violations of election laws, including acts or omissions constituting election fraud, offenses and
malpractices”
♡ The RTC has exclusive original jurisdiction to try and decide any criminal action or proceeding for
violation of election laws

♡ Investigation and prosecution of election offenses shall be given priority by the COMELEC
♡ The courts shall, likewise, give preference to election offenses over other cases, except petitions
for a writ of habeas corpus

♡ The prescriptive period for election offenses is 5 years from date of commission
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