Admin Elect reviewer

8/12/2019 Admin Elect reviewer

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ADMINISTRATIVE LAW- Branch of public law that fixes the

organization of the government anddetermines competence of authorities

who execute the law and indicates tothe individual remedies for the violationsof his rights.

I. ADMINISTRATIVE BODIES ORAGENCIES

- A body, other than the courts andthe legislature, endowed with quasi-legislative and quasi-judicial powers forthe purpose of enabling it to carry outlaws entrusted to it for enforcement orexecution.

How Created:1. by constitutional provision2. by legislative enactment and3. by authority of law.

II. POWERS OF ADMINISTRATIVEBODIES!1."uasi-legislative or rule-ma#ing

power2."uasi-judicial or adjudicatory power

and3.$eterminative powers.

A. QUASILEGISLATIVE OR RULE MA!ING POWER

%n exercise of delegated legislativepower, involving no discretion as towhat law shall be, but merelyauthority to fix details in executionor enforcement of a policy set out inlaw itself.

!"#d$:1. &egislative regulation

a. 'upplementary or detailedlegislation, e.g. (ules and(egulations %mplementingthe &abor )ode

b. )ontingent regulation2. %nterpretative legislation, e.g.

B%( )irculars

Re%&"$"te$ 'or (a)"d e*er+"$e:1. %ssued under authority of law

2. *ithin the scope and purview of thelaw

3. +romulgated in accordance with theprescribed procedure!a. notice and hearing generally,

not required only when!

i. the legislature itself requiresit and mandates that theregulation shall be based oncertain facts as determinedat an appropriateinvestigation

ii. the regulation is asettlement of a controversybetween specific partiesconsidered as anadministrative adjudication)ruz, Philippine

Administrative Law, p./ -

01 oriii. the administrative rule is in

the nature of subordinatelegislation designed toimplement a law byproviding its details CIR v.Court of Appeals, /23 ')(A/021.

b. publication. (easonable

Re%&"$"te$ 'or Va)"d"t, o'Ad-"#"$trat"(e R&)e$ W"t Pe#a)

Sa#+t"o#$:3. law itself must declare as punishable

the violation of administrative ruleor regulation

/. law should define or fix penaltytherefor and

0. rule4regulation must be published.

Do+tr"#e o' S&/ord"#ate Le0"$)at"o# 1power of administrative agency topromulgate rules and regulations onmatters of their own specialization.

Do+tr"#e o' Le0"$)at"(e A22ro(a) /, Ree#a+t-e#t the rules and regulationspromulgated by the properadministrative agency implementing thelaw are deemed confirmed and approvedby the &egislature when said law was re-enacted by later legislation or throughcodification. 5he &egislature is presumedto have full #nowledge of the contentsof the regulations then at the time of re-enactment.


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QUASILEGISLATIVEFUNCTIONS

QUASI3UDICIAL

FUNCTIONS

3. consists ofissuance of rulesand regulations

3. refers to its endproduct calledorder, rewardor decision

/. generalapplicability

/. applies to aspecificsituation

0. prospective itenvisages thepromulgation ofa rule orregulation

generallyapplicable in thefuture

0. presentdeterminationof rights,privileges orduties as of

previous orpresent time oroccurrence

B. QUASI3UDICIAL OR AD3UDICATOR4POWER

+roceedings parta#e of nature of

judicial proceedings.Administrative body grantedauthority to promulgate its ownrules of procedure.

Two #e+e$$ar, +o#d"t"o#$:1. due process and2. jurisdiction

I#+)&de$ te 'o))ow"#0 2ower$:3. +rescribe rules of procedure/. 'ubpoena power0. )ontempt +ower

Ad-"#"$trat"(e D&e Pro+e$$:1. right to a hearing2. tribunal must consider evidence

presented3. decision must have something to

support itself4. evidence must be substantial

5. decision must be based on evidenceadduced at hearing or at leastcontained in the record anddisclosed to parties

6. board of judges must act on itsindependent consideration of factsand law of the case, and not simplyaccept view of subordinate inarriving at a decision and

7. decision must be rendered in such amanner that parties to controversycan #now various issues involved andreason for decision rendered.Ang

Tibay vs CIR, 26 +hil 2071

S&/$ta#t"a) E("de#+e 1 relevantevidence as a reasonable mind mightaccept as adequate to support aconclusion.

Ad-"#"$trat"(e Deter-"#at"o#$ WereNot"+e a#d Hear"#0 Not Ne+e$$ar,:1. summary proceedings of distraint

and levy upon property of delinquenttaxpayer

2. grant of provisional authority for

increase of rates, or to engage inparticular line of business

3. cancellation of passport where noabuse of discretion is committed

4. summary abatement of nuisance perse which affects safety of persons orproperty

5. preventive suspension of officer oremployee pending investigation and

6. grant or revocation of licenses forpermits to operate certainbusinesses affecting public order ormorals.

Ad-"#"$trat"(e A22ea) or Re("ew1. *here provided by law, appeal from

administrative determination may bemade to higher or superioradministrative officer or body.

2. By virtue of power of control of+resident, +resident himself orthrough $epartment 8ead mayaffirm, modify, alter, or reverseadministrative decision ofsubordinate.

3. Appellate administrative agency mayconduct additional hearing inappealed case, if deemed necessary.

Re$ 5&d"+ata e''e+t o' Ad-"#"$tr"t(eDe+"$"o#$- has the force and binding effect of afinal judgment note! applies only tojudicial and quasi judicial proceedingsnot to exercise of administrativefunctions, Brillantes vs. Castro 66 +hil.691

C. DETERMINATIVE POWERS


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3. enabling permit the doing of an actwhich the law underta#es toregulate

/. directing order the doing or

performance of particular acts toensure compliance with the law andare often exercised for correctivepurposes

0. dispensing to relax the generaloperation of a law or to exempt fromgeneral prohibition, or relieve anindividual or a corporation from anaffirmative duty

. eamining- also called investigatorypower

7. summary power to applycompulsion or force against persons

or property to effectuate a legalpurpose without judicial warrants toauthorize such actions.

III. E6HAUSTION OFADMINISTRATIVE REMEDIES

*henever there is an available

administrative remedy providedby law, no judicial recourse canbe made until all such remedieshave been availed of andexhausted.

1. Do+tr"#e o' Pr"or Re$ort or

7Do+tr"#e o' Pr"-ar, Ad-"#"$trat"(e3&r"$d"+t"o#8 where there iscompetence or jurisdiction vestedupon administrative body to actupon a matter, no resort to courtsmay be made before suchadministrative body shall have actedupon the matter.

1. Do+tr"#e o' F"#a)"t, o'Ad-"#"$trat"(e A+t"o# no resort tocourts will be allowed unlessadministrative action has beencompleted and there is nothing leftto be done in administrativestructure.

2. 3&d"+"a) Re)"e' 'ro- Treate#edAd-"#"$trat"(e A+t"o# courts willnot render a decree in advance ofadministrative action and therebyrender such action nugatory. %t is notfor the court to stop anadministrative officer fromperforming his statutory duty forfear he will perform it wrongly.

E''e+t o' Fa")&re to E*a&$tAd-"#"$trat"(e Re-ed"e$: as a generalrule, jurisdiction of the court is notaffected but the complaint is vulnerable

to dismissal due to lac# of cause ofaction.E*+e2t"o#$ to te Do+tr"#e:1. doctrine of qualified political agency

when the respondent is adepartment secretary whose acts asan alter ego of the +resident bearsthe implied and assumed approval ofthe latter1 except where lawexpressly provides exhaustion

2. administrative remedy is fruitless3. where there is estoppel on part of

administrative agency

4. issue involved is purely legal5. administrative action is patently

illegal, amounting to lac# or excessof jurisdiction

6. where there is unreasonable delay orofficial inaction

7. where there is irreparable injury orthreat thereof, unless judicialrecourse is immediately made

8. in land case, subject matter isprivate land

9. where law does not ma#e exhaustiona condition precedent to judicial

recourse10. where observance of the doctrine

will result in nullification of claim11. where there are special reasons or

circumstances demanding immediatecourt action and

12. when due process of law is clearlyviolated.

IV. 3UDICIAL REVIEW OFADMINISTRATIVE DECISIONS

We# -ade:3. to determine constitutionality or

validity of any treaty, law,ordinance, executive order, orregulation

/. to determine jurisdiction of anyadministrative board, commissionor officer

0. to determine any other questionsof law and

. to determine questions of factswhen necessary to determineeither!a. constitutional or jurisdictional

issue


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San Beda College of Law5

MEMORYAIDINPOLITICALLAW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE

- right, authority and duty createdand conferred by law, by which for agiven period, either fixed by law orenduring at pleasure of creatingpower, and individual is vested withsome sovereign functions ofgovernment to be exercised by himfor the benefit of the public.!"ernande# vs $to Tomas% /0 ')(A72&

E)e-e#t$ o' P&/)"+ O''"+e: 7LSDIP83. created by )aw or ordinance

authorized by law/. possess $overeign functions of

government to be exercised forpublic interests

0. functions defined expressly orimpliedly by law

. functions exercised by an officerdirectly under control of law, notunder that of a superior officerunless they are functioned conferredby law upon inferior officers, who bylaw, are under control of a superior

duties performed "ndependently1and7. with 2ermanency or continuity, not

temporary or occasional.

Cara+ter"$t"+$:-+ublic office is a public trust.-+ublic office is not property and isoutside the commerce of man. %t cannotbe subject of a contract. !Cru#% Law onPublic 'fficers% p.(&

II. PUBLIC OFFICERS

- individuals vested with public office

C)a$$"'"+at"o# o' P&/)"+ O''"+er$:3.


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0. @nder color of a #nown electionor appointment, void because!a. the officer was not eligible

b. there was a want of power inthe electing or appointingbody

c. there was a defect orirregularity in its exercisesuch ineligibility, want ofpower, or defect beingun#nown to the public.

. @nder color of an election or anappointment by or pursuant to apublic, unconstitutional law,before the same is adjudged tobe such.

*ote+ ,ere% what is unconstitutional isnot the act creating the office% but theact by which the officer is appointed toan office legally eisting. !*orton v.County of $helby&

Re%&"$"te$:3. valid existing office/. actual physical possession of said

office0. color of title to office. by reputation or acquiescence

7. #nown or valid appointment orelection but officer failed toconform with legal requirements

2. #nown appointment or election butvoid because of ineligibility ofofficer or want of authority ofappointing or electing authority orirregularity in appointment orelection not #nown to public and

9. #nown appointment or electionpursuant to unconstitutional lawbefore declaration ofunconstitutionality.

DE 3UREOFFICER

DE FACTOOFFICER

3. rests on theright

3. on reputation

/. has lawful ortitle to theoffice

/. has possessionand performs theduties undercolor of rightwithout beingtechnically

qualified in all

points of law toact

0. cannot beremoved in adirectproceeding

0. may be ousted ina directproceedingagainst him.

DE FACTOOFFICER

INTRUDER

3. officer underany of the circumstancesmentioned

3. one who ta#espossession of anoffice andunderta#es toact officiallywithout any

authority, eitheractual orapparent

/. has color ofright or title tooffice

/. has neitherlawful title norcolor of right ortitle to office

0. acts are valid asto the publicuntil such time

as his title tothe office isadjudgedinsufficient

0. acts areabsolutely voidand can be

impeached inany proceedingat any timeunless and untilhe continues toact for so long atime as to afforda presumption ofhis right to act

. entitled tocompensationfor servicesrendered

. not entitled tocompensation

Le0a) E''e+t$ o' A+t$- valid insofar as they affect the

publicE#t"t)e-e#t to Sa)ar"e$Ge#era) R&)e! rightful incumbent may

recover from de facto officer salaryreceived by latter during time ofwrongful tenure even though latteris in good faith and under color oftitle.!-onroy v. CA% / ')(A 2/&

E*+e2t"o#: when there is no de ure

public officer, de facto officer

POLITICAL LAW COMMITTEE


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entitled to salaries for period whenhe actually discharged functions.Civil Liberties /nion v. 0ec. $ec.%36 ')(A 0391

Ca))e#0e to a De Fa+to O''"+er: must bein a direct proceeding where the titlewill be the principal issue

IV. COMMENCEMENT OF OFFICIALRELATIONS:

3. by appointment or/. by election

A22o"#t-e#t 1 selection, by authorityvested with power, of individual who isto perform functions of a given office.


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recommending authority or of the01 chief of the bureau or office or ofthe 1 persons exercising immediatesupervision over him. A relative is

one within the 0rd

degree either ofconsanguinity or affinity

Va+a#+, when an office is emptyand without a legally qualifiedincumbent appointed or elected to itwith a lawful right to exercise itspowers and performs its duties.

C)a$$"'"+at"o#$ o' (a+a#+,:1. original when an office is

created and no one has beenappointed to fill it

2. constructive when theincumbent has no legal rightor claim to continue in officeand can be legally replacedby another functionary

3. accidental when theincumbent having died,resigned, or been removed

4. absolute when the term ofan incumbent having expiredand the latter not havingheld over, no successor is inbeing who is legally qualified

to assume the office.

V. POWERS AND DUTIES OF APUBLIC OFFICER:

3. Ministerial discharge is imperativeand requires neither judgment nordiscretion, mandamus will lie and

/. Discretionary imposed by lawwherein officer has right to decidehow and when duty shall beperformed, mandamus will not lie.

II. LIABILIT4 OF PUBLIC OFFICER

Ge#era) R&)e: not liable for injuriessustained by another as a consequenceof official acts done within the scope ofhis authority, except as otherwiseprovided by law.

A +ublic =fficer shall not be civilly

liable for acts done in theperformance of his duties

E*+e2t"o#$:

1. statutory liability under the )ivil)ode Arts. /9, 0/ and 01

2. *hen there is a clear showing of badfaith, malice or negligence

Administrative )ode of 36D913. liability on contracts and4. liability on tort .

Tree'o)d L"a/")"t, R&)e 1 wrongfulacts or omissions of public officersmay give rise to civil% criminal, andadministrative liability. CACliability rule1

L"a/")"t, o' M"#"$ter"a) O''"+er$:3. Nonfeasance neglect or refusal to

perform an act which is officerEs

legal obligation to perform/. Misfeasance failure to use that

degree of care, s#ill and diligencerequired in the performance ofofficial duty and

0. Malfeasance doing, throughignorance, inattention or malice, ofan act which he had no legal right toperform.

Do+tr"#e o' Co--a#d Re$2o#$"/")"t,

A superior officer is liable for acts of

a subordinate when! 7ERCAL81. he negligently or willfully employs or

retains unfit or incompetentsubordinates

2. he negligently or willfully fails torequire subordinate to conform toprescribed regulations

3. he negligently or +arelessly overseesbusiness of office as to furnishsubordinate an opportunity fordefault

4. he directed or authorized orcooperated in the wrong or

5. )aw expressly ma#es him liable.

@nder the (evised Admin. )ode of

36D9, A 'uperior =fficer shall beliable for acts of subordinate officersonly if he has actually authorized bewritten order the specific act ormisconduct complained.

'ubordinate officers are also liable

for willful or negligent acts even ifhe acted under orders if such actsare contrary to law, morals, publicpolicy and good customs



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Pre(e#t"(e S&$2e#$"o#- a precautionary measure so

that an employee who is formally

charged of an offense may be separatedfrom the scene of his allegedmisfeasance while the same is beinginvestigated Bautista v. Peralta, 3D')(A //01

- need not be preceded by priornotice and hearing since it is not apenalty but only a preliminary step in anadministrative investigation Lastimosav. 2as)ue#, /0 ')(A 691

- the period of preventive suspension

cannot be deducted from whateverpenalty may be imposed upon the erringofficer C$C Resolution *o. 34154661

PENDINGINVESTIGATION

9Se+.;< E.O.=>=?

PENDINGAPPEAL

9Se+.=@78< E.O.=>=?

1. not a penaltybut only a meansof enabling the

disciplinaryauthority toconduct anunhamperedinvestigation.

1. +unitive incharacter

2. no compensationdue for theperiod ofsuspension evenif found innocentof the charges.

2. %f exonerated,he should bereinstated withfull pay for theperiod ofsuspension.

R&)e$ o# Pre(e#t"(e S&$2e#$"o#:

;. A22o"#t"(e O''"+"a)$*ot a Presidential Appointee'ecs. 3-

/, +.$. D91!a. by whom the proper

disciplining authority maypreventively suspend

b. against whom any subordinateofficer or employee under suchauthority

c. when pending an investigation

d. grounds if the charge againstsuch officer or employeeinvolves!i. dishonesty

ii. oppression or gravemisconductiii. neglect in the performance

of duty oriv. if there are reasons to

believe that respondent isguilty of the charges whichwould warrant his removalfrom the service

e. duration the administrativeinvestigation must be terminatedwithin 6 days otherwise, therespondent shall be

automatically reinstated unlessthe delay in the disposition ofthe case is due to the fault,negligence or petition of therespondent, in which case theperiod of delay shall not becounted in computing the periodof suspension.

A Presidential Appointee+a. can only be investigated and

removed from office after duenotice and hearing by the

+resident of the +hilippinesunder the principle that Fthepower to remove is inherent inthe power to appointG as can beimplied from 'ec. 7, (.A.//22illalu# v. 7aldivar, 37 ')(A931.

b. the Presidential CommissionAgainst 8raft and Corruption+)AC)1 shall have the power toinvestigate administrativecomplaints against presidentialappointees in the executivedepartment of the government,including C=))s charged withgraft and corruption involvingone or a combination of thefollowing criteria!i. presidential appointees with

the ran# equivalent to orhigher than an Assistant(egional $irector

ii. amount involved is at least+3



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iii. those which threatengrievous harm or injury tothe national interest and

iv. those which may be assigned

to it by the +resident 0.'.*o. 5(5and 5(51A1.

/. E)e+t"(e O''"+"a)$: $ec 69% R.A.:5641

a. by whom ; against whomi. +resident elective official

of a province, a highlyurbanized or an independentcomponent city

ii. Covernor elective officialof a component city ormunicipality

iii. ayor elective official of a

barangayb. when at any time after the

issues are joinedc. grounds!

i. reasonable ground to believethat the respondent hascommitted the act or actscomplained of

ii. evidence of culpability isstrong

iii. gravity of the offense sowarrants

iv. continuance in office of the

respondent could influencethe witnesses or pose athreat to the safety andintegrity of the records andother evidence

d. duration!i. single administrative case

not to extend beyond 2days

ii. several administrative cases not more than 6 dayswithin a single year on thesame ground or groundsexisting and #nown at thetime of the first suspension

- 'ection / of the =mbudsmanAct (.A. 2991 expressly providethat Fthe preventive suspensionshall continue until the case isterminated by the =ffice of the=mbudsman but not more than 6months without pay.G 5hepreventive suspension for 2months without pay is thusaccording to law Lastimosa v.

2as)ue#, /0 ')(A 691

- (.A. 036 ma#es it mandatory forthe 'andiganbayan to suspend, fora maximum period of 34 daysunless the case is decided within a

shorter period, any public officeragainst whom a valid informationis filed charging violation of!

3. (.A. 036/. Boo# %%, 5itle 9, (evised +enal

)ode or0. offense involving fraud upon

government or public funds orproperty )ruz, The Law ofPublic 'fficers, pp. D2-D91

VII. RIGHTS OF PUBLIC OFFICERS:

3. Right to 'ffice just and legal claimto exercise powers andresponsibilities of the publicoffice.

Term period during which

officer may claim to holdoffice as a right.

Tenure period during which

officer actually holds office.


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For-$ o' Co-2e#$at"o#:a. salary personal

compensation to be paid topublic officer for his services

and it is generally a fixedannual or periodical paymentdepending on the time andnot on the amount of theservice he may render

b. per diem allowance fordays actually spent in theperformance of officialduties

c. honorarium somethinggiven as not as a matter ofobligation, but inappreciation for services

renderedd. fee payment for services

rendered or on commissionon moneys officially passingthrough their hands and

e. emoluments profits arisingfrom the office, received ascompensation for services orwhich is annexed to theoffice as salary, fees, orperquisites.

0. Right to Preference in Promotion

Pro-ot"o# movement from oneposition to another with increasein duties and responsibilities asauthorized by law and usuallyaccompanied by an increase inpay.

Ne*t"#Ra# R&)e the personnext in ran# shall be givenpreference in promotion when theposition immediately above his isvacated. But the appointingauthority still exercises hisdiscretion and is not bound bythis rule.

Appointing officer is only

required to give specialreasons for not appointingofficer next in ran# if he fillsvacancy by promotion indisregard of the next in ran#rule. Pineda vs. Claudio% /D')(A 0&

A&to-at"+ Re(er$"o# R&)e all

appointments involved in chain of

promotions must be submittedsimultaneously for approval bythe )ommission, the disapprovalof the appointment of a person

proposed to a higher positioninvalidates the promotion ofthose in the lower positions andautomatically restores them totheir former positions.

=. Right to vacation leave and sic>leave with pay?

(. Right to maternity leave?

6. Right to pension and gratuity?Pe#$"o# regular allowance paid

to an individual or a group ofindividuals by the government inconsideration of servicesrendered or in recognition ofmerit, civil or military.Grat&"t, a donation and an actof pure liberality on the part ofthe 'tate.

:. Right to retirement pay?

@. Right to reimbursement forepenses incurred in performance of

duty?

3. Right to be indemnified against anyliability which they may incur inbona fide discharge of duties? and

54. Right to longevity pay.

55. Right to $elf1'rgani#ationArt %%%, 'ec D 36D9)onsti. :ote! )ivilservants are now given the right to selforganize but they may not stage stri#essee! '''


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D. abolition of office6. 2rescription of right to office within

one year after the cause of ouster orthe right to hold such office or

position arose13. "mpeachment33. death3/. 'ailure to assume elective office

within 2 months from proclamation30. +onviction of a crime and3. filing of certificate of +andidacy.

*hen public officer holds office at

pleasure of appointing power, hisreplacement amounts to expirationof his term, not removal.!Alaar vs

Alba% 3 +hil 2D0&

Pr"#+"2)e o' Ho)dO(er 1 ifno express orimplied )onstitutional or statutoryprovision to the contrary, public officeris entitled to hold office until successorhas been chosen and shall havequalified.

P&r2o$e: to prevent hiatus in publicoffice. But subject to Art. /09 of(+)1

Ret"re-e#t:

embers of Hudiciary ! 9 years ofage

=ther government officers and

employees ! 27 years of age

=ptional retirement age! after

rendition of minimum number ofyears of service.

A++e2t"#0 A&tor"t, 'or Re$"0#at"o#:3. to competent authority provided by

law/. %f law is silent and public officer is

appointed, tender to appointingofficer

0. %f law is silent and public officer iselected, tender to officer authorizedby law to call election to fillvacancy!a. +resident and ?ice-+resident -

)ongressb. embers of )ongress -

respective )hamberse. Covernors, ?ice Covernors,

ayors and ?ice ayors of 8@)Esand independent component

cities - +resident.

f. unicipal ayors and ?iceayors4)ity ayors and ?iceayors of component cities -+rovincial Covernor

g. 'anggunian embers 'anggunian concerned and

h.


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b. by the Registered 2oters(?1 inthe province, city, municipalityor barangay &C@1 concerned -at least /7I of the total number

of (? in the &C@ concernedduring the election in which thelocal official sought to berecalled was electedi. written petition filed with

the )=


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I.SUFFRAGE- right to vote in election of

officers chosen by people and inthe determination of questionssubmitted to people. %t includes!3. election/. plebiscite0. initiative and. referendum.

E)e+t"o# means by which peoplechoose their officials for a definiteand fixed period and to whom theyentrust for time being the exerciseof powers of government.

!"#d$:3. Regular election one provided

by law for election of officerseither nationwide or in certainsubdivisions thereof, afterexpiration of full term of formermembers and

/. $pecial election one held to fillvacancy in office beforeexpiration of full term for whichincumbent was elected.

Fa")&re o' E)e+t"o#$ there are

only 0 instances where a failure ofelections may be declared, namely!

a. 5he election in any pollingplace has not been held onthe date fixed on account of

force maeure, violence,terrorism, fraud, or otheranalogous causes

b. 5he election in any pollingplace had been suspendedbefore the hour fixed by lawfor the closing of the votingon account of forcemaeure% violence,terrorism, fraud, or otheranalogous causes and

c. After the voting and duringthe preparation andtransmission of the electionreturns or in the custody orcanvass thereof suchelection results in a failureto elect on account of forcemajeure, violence,terrorism, fraud or other

analogous causes. oseph

Peter $ison v. C'-0L0C%C.(. :o. 3062, arch 0,

36661

*hat is common in these

three instances is theresulting failure to elect. %nthe first instance, noelection is held while in thesecond, the election issuspended. %n the thirdinstance, circumstancesattending the preparation,transmission, custody orcanvass of the election

returns cause a failure toelect. 5he term failure toelect means nobody emergedas a winner. !Pasandalan vs.Comelec% 8.R. *o. 5(495


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Po$t2o#e-e#t o' E)e+t"o#$ - Anelection may be postponed by the)=


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no votes cast in favor of political

party, organization or coalitionshall be valid except for thoseregistered under the party-list

system provided in the)onstitution

political parties registered under

party-list system shall beentitled to appoint poll watchersin accordance with law and

part-list representatives shall

constitute /I of total numberof representatives in the 8ouse.

G&"de)"#e$ 'or $+ree#"#0 2art,)"$t2art"+"2a#t$

1. 5he political party, sector,organization or coalition mustrepresent the marginalized andunderrepresented groups identifiedin 'ec. 7 of (A 963. ajority of itsmember-ship should belong to themarginalized and underrepresented

2. *hile even major political partiesare expressly allowed by (A 963and the )onstitution, they mustcomply with the declared statutorypolicy of F;ilipino citizens belongingto marginalized and under-

represented sectors to be elected tothe 8ouse of (epresentativesG.5hus, they must show that theyrepresent the interest of themarginalized and underrepresented.

3. 5hat religious sector may not berepresented in the party-list systemexcept that priests, imam or pastorsmay be elected should theyrepresent not their religious sect butthe indigenous community sector

4. A party or an organization must notbe disqualified under 'ec. 2, (A 963as follows!a. it is a religious sect or

denomination, organization orassociation organized forreligious purposes

b. it advocates violence or unlawfulmeans to see# its goals

c. it is a foreign party ororganization

d. it is receiving support from anyforeign government, foreignpolitical party, foundation,

organization, whether directly or

through any of its officers ormembers or indirectly throughthird parties for partisanelection purposes

e. it violates or fails to comply withlaws, rules or regulation relatingto elections

f. it declares untruthful statementsin its petition

g. it has ceased to exist for at leastone 31 year or

h. it fails to participate in the lasttwo /1 preceding elections orfails to obtain at least two percentum /I1 of the votes castunder the party-list system intwo /1 preceding elections for

the constituency in which it hasregistered.

5. the party or organization must notbe an adjunct of, or a projectorganized or an entity funded orassisted by, the government.

6. the party, including its nomineesmust comply with the qualificationrequirements of section 6, (A 963as follows! F:o person shall benominated as party-listrepresentative unless he is! a1natural-born citizen of the

+hilippines b1 a registered voterc1 a resident of the +hilippines for aperiod of not less than one yearimmediately preceding the day ofthe election d1 able to read andwrite e1 a bona fide member of theparty or organization which he see#sto represent for at least 6 dayspreceding the day of the electionand f1 at least /7 years of age onthe day of the election. %n case of anominee of the youth sector, hemust at least be twenty five /71 butnot more than thirty 01 years ofage on the day of the election. Anyyouth sectoral representative whoattains the age of thirty 01 duringhis term shall be allowed to continuein office until the expiration of histermsG

7. not only the candidate party ororganization must representmarginalized and underrepresented

sectors, so also must its nominees



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8. while lac#ing the a well-definedpolitical constituency, the nomineemust li#ewise be able to contributeto the formation and enactment of

appropriate legislation that willbenefit the nation as a whole. AngBagong Bayani1'" Labor Party% v.C'-0L0C% C( :o. 397D6, Hune /2,/31.

III. DISQUALIFICATION OFCANDIDATES:

3. declared as incompetent or insaneby competent authority

/. convicted by final judgment forsubversion, insurrection, rebellion orany offense for which he has been

sentenced to a penalty of 3D monthsimprisonment

0. convicted by final judgment forcrime involving moral turpitude

. any person who is permanentresident of or immigrant to a foreigncountry and

7. one who has violated provisions on!a. campaign periodb. removal, destruction of lawful

election propagandac. prohibited forms of propagandad. regulation of propaganda

through mass media ande. election offenses.

- *hen a candidate has not yet beendisqualified by final judgment duringthe election day and was voted for,the votes cast in his favor cannot bedeclared stray. 5o do so wouldamount to disenfranchising theelectorate in whom sovereigntyresides. Codilla vs. ,on. ose e2enecia, C.(. :o. 3727, $ecember3, //1

N&"$a#+e Ca#d"date )=


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personality who is himself acandidate

0. @se of airtime for campaign of amedia practitioner who is an official

of a party or a member of thecampaign staff of a candidate orpolitical party

L"-"tat"o# o# E*2e#$e$:5. for candidates+

+resident and ?ice +resident

L +34voter

=ther candidates, if with

party L +04voter

=ther candidates, if without

party L +74voter.

/. for political partiesL +74voter

State-e#t o' Co#tr"/&t"o# a#dE*2e#$e$

every candidate and treasurer of

political party shall, within 0 daysafter day of election, file offices of)=


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Nat&re: special summary proceedingobject of which is to expeditesettlement of controversies between

candidates as to who received majorityof legal votes.P&r2o$e: to ascertain true will of peopleand duly elected officer, and this couldbe achieved by throwing wide open theappeal before the court.

Co#te$t! any matter involving title orclaim of title to an elective office, madebefore or after proclamation of winner,whether or not contestant is claimingoffice in dispute.E)e+t"o#< Ret&r#$ a#d %&a)"'"+at"o#

refers to all matters affecting validity ofthe contesteeEs title to the position.

E)e+t"o# conduct of the polls,including the registration of voters,holding of election campaign, andcasting and counting of votes.

Ret&r#$ include the canvass ofreturns and proclamation of winners,together with questions concerningcomposition of Board of )anvassersand authenticity of election returns.

Q&a)"'"+at"o#$ matter which couldbe raised in a )uo warrantoproceedings against the proclaimedwinner, such as his disloyalty to the(epublic or his ineligibility orinadequacy of his certificate ofcandidacy.

Or"0"#a) E*+)&$"(e 3&r"$d"+t"o# O(erE)e+t"o# Co#te$t$3. +resident and ?ice-+resident -

$upreme Court en banc/. 'enator - $enate 0lectoral Tribunal0. (epresentative - ,R 0lectoral

Tribunal. (egional4+rovincial4)ity - C'-0L0C7. unicipal - RTC2. Barangay- -TC

A22e))ate 3&r"$d"+t"o#:3. ;or decisions of (5) and 5)

appeal to )=


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VoteB&,"#0 a#d VoteSe))"#031 Any person who gives, offersor promises money or anything

of value, gives or promises anyoffice or employment, franchiseor grant, public or private, orma#es or offers to ma#e anexpenditure, directly orindirectly, or cause anexpenditure to be made to anyperson, association, corporation,entity, or community in order toinduce anyone or the public ingeneral to vote for or againstany candidate or withhold hisvote in the election, or to vote

for or against any aspirant forthe nomination or choice of acandidate in a convention orsimilar selection process of apolitical party./1 Any person, association,corporation, group or communitywho solicits or receives, directlyor indirectly, any expenditure or

promise of any office oremployment, public or private,for any of the foregoingconsiderations. 'ec. /23, B.+.

DD31

=ne of the effective ways of

preventing the commissionof vote-buying and ofprosecuting thosecommitting it is the grant ofimmunity from criminalliability in favor of the

party !personDs& whose votewas bought. 5his grant ofimmunity will encourage the

recipient or acceptor tocome into the open anddenounce the culprit-candidate, and will ensurethe successful prosecution ofthe criminal case against thelatter. !Comelec vs. ,on.Tagle% 8.R. *os. 5=@3=@ E5=@3(5% "ebruary 5:%


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LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF ;>>;

7R.A. @;8

E''e+t"("t,! Hanuary 3, 366/

S+o2e o' A22)"+at"o# o' Lo+a)Go(er#-e#t Code:Applicable to!

1. all provinces,2. cities,3. municipalities,4. barangays5. and other political subdivisions

as may be created by law and6. to the extent provided in the

&ocal Covernment )ode!a. to officials,b. offices, orc. agencies of the :ational

Covernment.

Lo+a) A&to#o-, in its constitutionalsense, to polarize &C@Es from overdependence on central government anddo not ma#e &C@Es mini-republics orimperium in imperia.

De+e#tra)"at"o# o' Ad-"#"$trat"o# central government delegatesadministrative powers to politicalsubdivisions in order to broaden base ofgovernment power and in process ma#e&C@Es more responsive and accountableand ensure their fullest development asself-reliant communities and ma#e themeffective partners in the pursuit ofnational development and socialprogress.

De+e#tra)"at"o# o' Power involvesabdication of political power in favor of&C@Es declared autonomous.Limbona v.-engelin% 39 ')(A 9D21.

De(o)&t"o# act by which nationalgovernment confers power and authorityupon various &C@Es to perform specificfunctions and responsibilities.M'ec.39e1,par./, &C)N.

De+)arat"o# o' Po)"+,:

3. 5erritorial and subdivisions of 'tateshall enjoy genuine and meaningfullocal autonomy to enable them toattain fullest development and ma#ethem more effective partners inattaining national goals

/.


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+lebiscite (equirement

approved by a majority ofthe votes cast in a plebiscitecalled for the purpose in the

political unit4s directlyaffected 'ec. 3, (.A. 9321

Based on verifiable

indicators of viability andprojected capacity toprovide services 'ec. 9, (.A.9321 M:ote! see Annex )N

Be0"##"#0 o' Cor2orate E*"$te#+e

upon election and qualification

of its chief executive andmajority of members of its'anggunian, unless some othertime is fixed therefore by law orordinance creating it.

ode of %nquiry to &egal


24/27



%n case of permanent closure!a. adequate provision for public

safety must be made and

b. may be properly used orconveyed for any purpose forwhich other real property maybe lawfully used or conveyedprovided no freedom par# bepermanently closed withoutprovisions or transfer to newsite.

9. &ocal legislative power 'ecs. D-76 of (A 9321A22ro(a) o' ord"#a#+e$:a. local chief executive with his

signature on each and every

pageb. if local chief executive vetoes

the same, may be overridden by/40 vote of all sanggunianmembersi1 grounds for veto!

ordinance is ultra viresor prejudicial to publicwelfare

ii1 local chief executivemay veto particularitem4s of appropriationordinance, adoption of

local development planand public investmentplan, or ordinancedirecting payment ofmoney or creatingliability and

iii1 local chief executivemay veto an ordinanceonly once

c. veto communicated tosanggunian within 37 days forprovince and 3 days for city ormunicipality.

Re%&"$"te$ 'or (a)"d"t,:a. must not contravene the

)onstitution and any statuteb. must not be unfair or oppressivec. must not be partial or

discriminatoryd. must not prohibit, but may

regulate tradee. must not be unreasonable andf. must be general in application

and consistent with public policy.

Barangay )hairman has no

veto power.Cor2orate Power$ o' LGU:3. to have continuous succession in its

corporate name/. to sue and be sued0. to have and use a corporate seal. to acquire and convey real or

personal property7. power to enter into contracts

Re%&"$"te$ o' (a)"d -"+"2a)+o#tra+t$:a. &C@ has express, implied, or

inherent power to enter into aparticular contract

b.


25/27



0. for ?iolation of &aw. for )ontracts if contract is!

a. intra vires liableb. ultra vires not liable

Do+tr"#e o' I-2)"ed M"+"2a)L"a/")"t, a municipality maybecome obligated upon animplied contract to pay thereasonable value of the benefitsaccepted or appropriated by itas to which it has the generalpower to contract Province ofCebu v. IAC, 39 ')(A 91 thedoctrine applies to all caseswhere money or other propertyof a party is received under suchcircumstances that the general

law, independent of an expresscontract, implies an obligationto do justice with respect to thesame :achura, Reviewer inPolitical Law, p. 031

VII. QUALIFICATION OF ELECTIVELOCAL OFFICIALS:

3. citizen of the +hilippines/. registered voter of barangay%

municipality, city, province, ordistrict where he intends to beelected

0. resident therein for at least 3 yearpreceding election

. able to read and write ;ilipino orlocal language or dialect and

7. age!a.


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Ter- o' O''"+e! 0 years startingfrom noon of Hune 0 next followingthe election or such date as may be

provided by law, except that ofelective barangay officials, formaximum of 0 +o#$e+&t"(e terms insame position.

Co#$e+&t"(e! After threeconsecutive terms, an electivelocal official cannot see#immediate reelection for afourth term. 5he prohibitedelection refers to the nextregular election for the sameoffice following the end of thethird consecutive term. Any

other subse)uent election, li#e arecall election is no longercovered by the prohibition$ocratesvs. )omelec, C.(. :o.3773/, :ovember 3/, //1.

I6. GROUNDS FOR DISCIPLINAR4ACTIONS:

3. disloyalty to the (epublic/. culpable violation of the

)onstitution0. dishonesty, oppression, misconduct

in office, gross negligence or

dereliction of duty. commission of offense involving

moral turpitude or offensepunishable by at least prision mayor

7. abuse of authority2. unauthorized absence for 37

consecutive wor#ing days exceptsanggunian members

9. application for, acquisition of ,foreign citizenship or residence orstatus of an immigrant of anothercountry and

D. such other grounds as may beprovided in


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