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ADMINISTRATIVE LAW 2.

Within the scope and purview of the


- Branch of public law that fixes the law;
organization of the government and 3. Promulgated in accordance with the
determines competence of authorities prescribed procedure:
who execute the law and indicates to a. notice and hearing – generally,
the individual remedies for the violations not required; only when:
of his rights. i. the legislature itself requires
it and mandates that the
I. ADMINISTRATIVE BODIES OR regulation shall be based on
AGENCIES certain facts as determined
at an appropriate
- A body, other than the courts and investigation;
the legislature, endowed with quasi- ii. the regulation is a
legislative and quasi-judicial powers for settlement of a controversy
the purpose of enabling it to carry out between specific parties;
laws entrusted to it for enforcement or considered as an
execution. administrative adjudication
(Cruz, Philippine
How Created: Administrative Law, p.42 -
1. by constitutional 43); or
provision; iii. the administrative rule is in
2. by legislative enactment; the nature of subordinate
and legislation designed to
3. by authority of law. implement a law by
providing its details (CIR v.
II. POWERS OF ADMINISTRATIVE Court of Appeals, 261 SCRA
BODIES: 236).
1.Quasi-legislative or rule-making b. publication
power; 4. Reasonable
2.Quasi-judicial or adjudicatory
power; and Requisites for Validity of
3.Determinative powers. Administrative Rules With Penal
Sanctions:
A. QUASI-LEGISLATIVE OR RULE- 1. law itself must declare as punishable
MAKING POWER the violation of administrative rule
∗ In exercise of delegated legislative or regulation;
power, involving no discretion as to 2. law should define or fix penalty
what law shall be, but merely therefor; and
authority to fix details in execution 3. rule/regulation must be published.
or enforcement of a policy set out in
law itself. Doctrine of Subordinate Legislation –
Kinds: power of administrative agency to
1. Legislative regulation promulgate rules and regulations on
a. Supplementary or matters of their own specialization.
detailed legislation, e.g.
Rules and Regulations Doctrine of Legislative Approval by Re-
Implementing the Labor enactment - the rules and regulations
Code; promulgated by the proper
b. Contingent regulation administrative agency implementing the
2. Interpretative law are deemed confirmed and approved
legislation, e.g. BIR Circulars by the Legislature when said law was re-
enacted by later legislation or through
Requisites for valid exercise: codification. The Legislature is presumed
1. Issued under authority of law; to have full knowledge of the contents of
the regulations then at the time of re-
enactment.
accept view of subordinate in
QUASI- QUASI- arriving at a decision; and
LEGISLATIVE JUDICIAL 7. decision must be rendered in such a
FUNCTIONS FUNCTIONS manner that parties to controversy
can know various issues involved and
1. consists of 1. refers to its end reason for decision rendered.(Ang
issuance of rules product called Tibay vs CIR, 69 Phil 635)
and regulations order, reward
or decision Substantial Evidence – relevant
evidence as a reasonable mind might
2. general 2. applies to a accept as adequate to support a
applicability specific conclusion.
situation
Administrative Determinations Where
3. prospective; it 3. present
envisages the determination Notice and Hearing Not Necessary:
promulgation of of rights, 1. summary proceedings of distraint
a rule or privileges or and levy upon property of delinquent
regulation duties as of taxpayer;
generally previous or 2. grant of provisional authority for
applicable in the present time or increase of rates, or to engage in
future occurrence particular line of business;
3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
B. QUASI-JUDICIAL OR ADJUDICATORY se which affects safety of persons or
POWER property;
• Proceedings partake of nature of 5. preventive suspension of officer or
judicial proceedings. employee pending investigation; and
Administrative body granted 6. grant or revocation of licenses for
authority to promulgate its own permits to operate certain
rules of procedure. businesses affecting public order or
morals.
Two necessary conditions:
1. due process; and Administrative Appeal or Review
2. jurisdiction 1. Where provided by law, appeal from
administrative determination may be
Includes the following powers: made to higher or superior
1. Prescribe rules of procedure administrative officer or body.
2. Subpoena power 2. By virtue of power of control of
3. Contempt Power President, President himself or
through Department Head may
Administrative Due Process: affirm, modify, alter, or reverse
1. right to a hearing; administrative decision of
2. tribunal must consider subordinate.
evidence presented; 3. Appellate administrative agency may
3. decision must have conduct additional hearing in
something to support itself; appealed case, if deemed necessary.
4. evidence must be
substantial; Res judicata effect of Administritve
5. decision must be based on evidence Decisions
adduced at hearing or at least - has the force and binding effect of a
contained in the record and final judgment (note: applies only to
disclosed to parties; judicial and quasi judicial proceedings
6. board of judges must act on its not to exercise of administrative
independent consideration of facts functions, Brillantes vs. Castro 99 Phil.
and law of the case, and not simply 497)
C. DETERMINATIVE POWERS Effect of Failure to Exhaust
1. enabling – permit the doing of an act Administrative Remedies: as a general
which the law undertakes to rule, jurisdiction of the court is not
regulate; affected but the complaint is vulnerable
2. directing – order the doing or to dismissal due to lack of cause of
performance of particular acts to action.
ensure compliance with the law and Exceptions to the Doctrine:
are often exercised for corrective 1. doctrine of qualified political agency
purposes (when the respondent is a
3. dispensing – to relax the general department secretary whose acts as
operation of a law or to exempt from an alter ego of the President bears
general prohibition, or relieve an the implied and assumed approval of
individual or a corporation from an the latter); except where law
affirmative duty; expressly provides exhaustion;
4. examining - also called investigatory 2. administrative remedy is fruitless;
power; 3. where there is estoppel on part of
5. summary – power to apply administrative agency;
compulsion or force against persons 4. issue involved is purely legal;
or property to effectuate a legal 5. administrative action is patently
purpose without judicial warrants to illegal, amounting to lack or excess
authorize such actions. of jurisdiction;
6. where there is unreasonable delay or
III. EXHAUSTION OF official inaction;
ADMINISTRATIVE REMEDIES 7. where there is irreparable injury or
• Whenever there is an available threat thereof, unless judicial
administrative remedy provided recourse is immediately made;
by law, no judicial recourse can 8. in land case, subject matter is
be made until all such remedies private land;
have been availed of and 9. where law does not make exhaustion
exhausted. a condition precedent to judicial
1. Doctrine of Prior Resort or recourse;
(Doctrine of Primary Administrative 10. where observance of the doctrine
Jurisdiction) – where there is will result in nullification of claim;
competence or jurisdiction vested 11. where there are special reasons or
upon administrative body to act circumstances demanding immediate
upon a matter, no resort to courts court action; and
may be made before such 12. when due process of law is clearly
administrative body shall have acted violated.
upon the matter.
1. Doctrine of Finality of IV. JUDICIAL REVIEW OF
Administrative Action – no resort to ADMINISTRATIVE DECISIONS
courts will be allowed unless When made:
administrative action has been 1.to determine constitutionality or
completed and there is nothing left validity of any treaty, law,
to be done in administrative ordinance, executive order, or
structure. regulation;
2. Judicial Relief from Threatened 2.to determine jurisdiction of any
Administrative Action – courts will administrative board, commission
not render a decree in advance of or officer;
administrative action and thereby 3.to determine any other questions
render such action nugatory. It is not of law; and
for the court to stop an 4.to determine questions of facts
administrative officer from when necessary to determine
performing his statutory duty for either:
fear he will perform it wrongly.
a. constitutional or 1. factual findings not supported by
jurisdictional issue; evidence;
b. commission of abuse of 2. findings are vitiated by fraud,
authority; and imposition or collusion;
c. when administrative fact 3. procedure which led to factual
finding body is unduly findings is irregular;
restricted by an error of law. 4. palpable errors are committed; and
5. grave abuse of discretion,
Modes of review: arbitrariness or capriciousness is
1. Statutory; manifest.
2. Non-statutory – inherent power of
the court to review such • Brandeis Doctrine of
proceedings upon questions of Assimilation of Facts – one
jurisdiction and questions of law; purports to be finding of fact but
3. Direct proceeding; is so involved with and
4. Collateral attack. dependent upon a question of
latter,courts will review the
General Rule: Findings of facts of entire case including the latter.
Administrative Agencies accorded great law as to be in substance and
weight by the Courts. effect a decision on the .
Exceptions to the Rule:
San Beda College of Law
5
MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE Eligibility and qualification:


- right, authority and duty created and two senses:
conferred by law, by which for a 1. may refer to
given period, either fixed by law or endowments, qualities or
enduring at pleasure of creating attributes which make an
power, and individual is vested with individual eligible for public
some sovereign functions of office;
government to be exercised by him 2. may refer to the act of
for the benefit of the public. entering into performance of
(Fernandez vs Sto Tomas, 234 SCRA functions of public office.
546)
Authority to prescribe qualification:
Elements of Public Office: (LSDIP) 1. when prescribed by Constitution,
1. created by law or ordinance ordinarily exclusive, the legislature
authorized by law; may not increase or reduce
2. possess sovereign functions of qualifications except when
government to be exercised for Constitution itself provides
public interests; otherwise as when only minimum or
no qualifications are prescribed( ex:
3. functions defined expressly or Art XIII Sec 17 (2), Art VIII Sec 7 (2)
impliedly by law; Consti) ;
4. functions exercised by an officer 2. when office created by statute,
directly under control of law, not Congress has generally plenary
under that of a superior officer power to prescribe qualification but
unless they are functioned conferred such must be:
by law upon inferior officers, who by a. germane to purpose of office;
law, are under control of a superior; and
(duties performed independently)
and b. not too specific so as to refer to
only one individual.
5. with permanency or continuity, not
temporary or occasional. III. DE FACTO OFFICERS
- one who has reputation of being an
Characteristics: officer that he assumes to be, and
-Public office is a public trust. yet is not an officer in point of law.
-Public office is not property and is
outside the commerce of man. It cannot - a person is a de facto officer where
be subject of a contract. (Cruz, Law on the duties of the office are exercised
Public Officers, p.5) under any of the following
circumstances:
II. PUBLIC OFFICERS 1. Without a known appointment or
- individuals vested with public office election, but under such
circumstances of reputation or
Classification of Public Officers: acquiescence as were calculated
1. Executive, legislative and judicial to induce people, without
officers; inquiry, to submit to or invoke
2. Discretionary or ministerial officers; his action, supposing him to the
3. Civil or military officers; be the officer he assumed to be;
4. Officers de jure or de facto; and or
5. National, provincial or municipal 2. Under color of a known and valid
officials appointment or election, but
where the officer has failed to
conform to some precedent

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
6
MEMORY AID IN POLITICAL LAW

requirement or condition (e.g., technically


taking an oath or giving a bond); qualified in all
3. Under color of a known election points of law to
or appointment, void because: act
a. the officer was not eligible;
3. cannot be 3. may be ousted in
removed in a a direct
b. there was a want of power in direct proceeding
the electing or appointing proceeding against him.
body;
c. there was a defect or
irregularity in its exercise; DE FACTO INTRUDER
such ineligibility, want of OFFICER
power, or defect being
unknown to the public. 1. officer under 1. one who takes
4. Under color of an election or an any of the 4 possession of an
appointment by or pursuant to a circumstances office and
public, unconstitutional law, mentioned undertakes to
before the same is adjudged to act officially
be such. without any
authority, either
actual or
Note: Here, what is unconstitutional is apparent
not the act creating the office, but the
act by which the officer is appointed to
an office legally existing. (Norton v. 2. has color of 2. has neither
County of Shelby) right or title to lawful title nor
office color of right or
Requisites: title to office
1. valid existing office;
2. actual physical possession of said
3. acts are valid as 3. acts are
office;
to the public absolutely void
3. color of title to office; until such time and can be
4. by reputation or acquiescence; as his title to impeached in
5. known or valid appointment or the office is any proceeding
election but officer failed to adjudged at any time
conform with legal requirements; insufficient unless and until
6. known appointment or election but he continues to
void because of ineligibility of act for so long a
officer or want of authority of time as to afford
a presumption of
appointing or electing authority or
his right to act
irregularity in appointment or
election not known to public; and 4. entitled to 4. not entitled to
7. known appointment or election compensation compensation
pursuant to unconstitutional law for services
before declaration of rendered
unconstitutionality.

DE JURE DE FACTO Legal Effects of Acts


OFFICER OFFICER - valid insofar as they affect the
public
1. rests on the 1. on reputation Entitlement to Salaries
right General Rule: rightful incumbent may
recover from de facto officer salary
2. has lawful or 2. has possession received by latter during time of
title to the and performs the
wrongful tenure even though latter
office duties under
color of right is in good faith and under color of
without being title.(Monroy v. CA, 20 SCRA 620)

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
7
MEMORY AID IN POLITICAL LAW

Exception: when there is no de jure rule and standards to a person


public officer, de facto officer who has no t qualified in an
entitled to salaries for period when appropriate examination but who
he actually discharged functions. otherwise meets the
(Civil Liberties Union v. Exec. Sec., requirements for appointment to
194 SCRA 317) a regular position in the
Challenge to a De Facto Officer: must be competitive service, whenever a
in a direct proceeding where the title vacancy occurs and the filling
will be the principal issue thereof is necessary in the
interest of the service and there
IV. COMMENCEMENT OF OFFICIAL is no appropriate register of
RELATIONS: those who are eligible at the
1. by appointment; or time of appointment;
2. by election 4. Regular – made by
President while Congress is in
Appointment – selection, by authority session and becomes effective
vested with power, of individual who is after nomination is confirmed by
to perform functions of a given office. the Commission on Appointments
− Essentially a and continues until the end of
discretionary power and must be term; and
performed by the officer in 5. Ad-interim –
which it is vested according to
his best lights, the only
a. Recess -- made while
Congress is not in session,
condition being that the
before confirmation, is
appointee should possess the
immediately effective, and
minimum qualification
ceases to be valid if
requirements prescribed by law
disapproved or bypassed by
for the position (Nachura,
CA upon next adjournment
Reviewer in Political Law, p.
of Congress;
305)
b. Midnight – made by the
Commission – written evidence of President before his term
appointment. expires, whether or not this
is confirmed by the
Designation – imposition of Commission on
additional duties, usually by law, on Appointments.
a person already in public office.

Classification of Appointments: Regular Ad interim


1. Permanent – extended appointment appointment
Made during the Made during the
to person possessing requisite legislative recess
qualification for the position and session
thus enjoys security of tenure; Made only after Made before
2. Temporary – acting the nomination such
appointment, given to a non-civil is confirmed by confirmation
service eligible is without a the Commission
definite tenure and is dependent on Appointments
(CA)
upon the pleasure of the
Once confirmed Shall cease to be
appointing power;
by the CA valid if
3. Provisional- is one continues until t disapproved by
which may be issued upon prior he end of the the CA or upon
authorization of the term of the the next
Commissioner of Civil service in appointee adjournment
accordance with the provisions
of the Civil Service Law and the

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
8
MEMORY AID IN POLITICAL LAW

Nepotism – all appointments in the his authority, except as otherwise


national, provincial, city and provided by law.
municipal governments or in any − A Public Officer shall
branch or instrumentality thereof, not be civilly liable for acts done
including GOCC, made in favor of a in the performance of his duties
relative of the (1) appointing or (2)
recommending authority or of the (3)
chief of the bureau or office or of Exceptions:
the (4) persons exercising immediate 1. statutory liability under the Civil
supervision over him. A relative is Code (Arts. 27, 32 and 34);
one within the 3rd degree either of 2. When there is a clear showing of bad
consanguinity or affinity faith, malice or negligence
(Administrative Code of 1987);
Vacancy – when an office is empty 3. liability on contracts; and
and without a legally qualified 4. liability on tort .
incumbent appointed or elected to it
with a lawful right to exercise its Threefold Liability Rule – wrongful
powers and performs its duties. acts or omissions of public officers
may give rise to civil, criminal, and
Classifications of vacancy: administrative liability. (CAC
1. original – when an liability rule)
office is created and no one
has been appointed to fill it; Liability of Ministerial Officers:
2. constructive – when 1. Nonfeasance – neglect or refusal to
the incumbent has no legal perform an act which is officer’s
right or claim to continue in legal obligation to perform;
office and can be legally 2. Misfeasance – failure to use that
replaced by another degree of care, skill and diligence
functionary; required in the performance of
3. accidental – when official duty; and
the incumbent having died,
resigned, or been removed; 3. Malfeasance – doing, through
4. absolute – when the ignorance, inattention or malice, of
term of an incumbent having an act which he had no legal right to
expired and the latter not perform.
having held over, no
successor is in being who is Doctrine of Command Responsibility
legally qualified to assume − A superior officer is liable for acts of
the office. a subordinate when: (ERCAL)
1. he negligently or willfully employs or
V. POWERS AND DUTIES OF A retains unfit or incompetent
PUBLIC OFFICER: subordinates;
2. he negligently or willfully fails to
1. Ministerial – discharge is imperative require subordinate to conform to
and requires neither judgment nor prescribed regulations;
discretion, mandamus will lie; and 3. he negligently or carelessly oversees
2. Discretionary – imposed by law business of office as to furnish
wherein officer has right to decide subordinate an opportunity for
how and when duty shall be default;
performed, mandamus will not lie. 4. he directed or authorized or
cooperated in the wrong; or
II. LIABILITY OF PUBLIC OFFICER 5. law expressly makes him liable.

General Rule: not liable for injuries − Under the Revised Admin. Code of
sustained by another as a consequence 1987, A Superior Officer shall be liable
of official acts done within the scope of for acts of subordinate officers only if he

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
9
MEMORY AID IN POLITICAL LAW

has actually authorized be written order a. by whom – the proper


the specific act or misconduct disciplining authority may
complained. preventively suspend;
− Subordinate officers are also liable b. against whom – any subordinate
for willful or negligent acts even if he officer or employee under such
acted under orders if such acts are authority;
contrary to law, morals, public policy c. when – pending an investigation;
and good customs d. grounds – if the charge against
such officer or employee
Preventive Suspension involves:
- a precautionary measure so i. dishonesty;
that an employee who is formally ii. oppression or grave
charged of an offense may be separated misconduct;
from the scene of his alleged iii. neglect in the performance
misfeasance while the same is being of duty; or
investigated (Bautista v. Peralta, 18 iv. if there are reasons to
SCRA 223) believe that respondent is
guilty of the charges which
- need not be preceded by prior would warrant his removal
notice and hearing since it is not a from the service
penalty but only a preliminary step in an
administrative investigation (Lastimosa
e. duration – the administrative
investigation must be terminated
v. Vasquez, 243 SCRA 497)
within 90 days; otherwise, the
respondent shall be
- the period of preventive suspension
automatically reinstated unless
cannot be deducted from whatever
the delay in the disposition of
penalty may be imposed upon the erring
the case is due to the fault,
officer (CSC Resolution No. 90-1066)
negligence or petition of the
respondent, in which case the
period of delay shall not be
PENDING PENDING
counted in computing the period
INVESTIGATION APPEAL
of suspension.
[Sec.51, E.O.292] [Sec.27(4), E.O.
292]
A Presidential Appointee:
1. not a penalty 1. Punitive in a. can only be investigated and
but only a means character removed from office after due
of enabling the notice and hearing by the
disciplinary President of the Philippines
authority to under the principle that “the
conduct an power to remove is inherent in
unhampered the power to appoint” as can be
investigation. implied from Sec. 5, R.A.2260
(Villaluz v. Zaldivar, 15 SCRA
2. no compensation 2. If exonerated, 710).
due for the he should be
b. the Presidential Commission
period of reinstated with
suspension even full pay for the Against Graft and Corruption
if found innocent period of (PCAGC) shall have the power to
of the charges. suspension. investigate administrative
complaints against presidential
Rules on Preventive Suspension: appointees in the executive
department of the government,
1. Appointive Officials including GOCCs charged with
Not a Presidential Appointee (Secs. 41- graft and corruption involving
42, P.D. 807): one or a combination of the
following criteria:

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
10
MEMORY AID IN POLITICAL LAW

i. presidential appointees with terminated by the Office of the


the rank equivalent to or Ombudsman but not more than 6
higher than an Assistant months without pay.” The
Regional Director; preventive suspension for 6
ii. amount involved is at least months without pay is thus
P10M; according to law (Lastimosa v.
iii. those which threaten Vasquez, 243 SCRA 497)
grievous harm or injury to - R.A. 3019 makes it mandatory for
the national interest; and the Sandiganbayan to suspend, for
iv. those which may be assigned a maximum period of 90 days
to it by the President (E.O. unless the case is decided within a
No. 151 and 151-A). shorter period, any public officer
2. Elective Officials: (Sec 63, R.A. against whom a valid information
7160) is filed charging violation of:
a. by whom – against whom 1. R.A. 3019;
i. President – elective official 2. Book II, Title 7, Revised Penal
of a province, a highly Code; or
urbanized or an independent 3. offense involving fraud upon
component city; government or public funds or
ii. Governor – elective official property (Cruz, The Law of
of a component city or Public Officers, pp. 86-87)
municipality;
iii. Mayor – elective official of a VII. RIGHTS OF PUBLIC OFFICERS:
barangay
b. when – at any time after the 1. Right to Office – just and legal claim
issues are joined; to exercise powers and
c. grounds: responsibilities of the public
i. reasonable ground to believe office.
that the respondent has − Term – period during
committed the act or acts which officer may claim to
complained of; hold office as a right.
ii. evidence of culpability is − Tenure – period during
strong; which officer actually holds
iii. gravity of the offense so office.
warrants;
iv. continuance in office of the 2. Right to Salary
respondent could influence Basis: legal title to office and
the witnesses or pose a the fact the law attaches
threat to the safety and compensation to the office.
integrity of the records and Salary – compensation provided
other evidence to be paid to public officer
d. duration: for his services.
i. single administrative case – Preventive Suspension – public
not to extend beyond 60 officer not entitled during the
days; period of preventive suspension,
ii. several administrative cases but upon exoneration and
– not more than 90 days reinstatement he must be paid
within a single year on the full salaries and emoluments
same ground or grounds during such period.
existing and known at the
time of the first suspension Back salaries are also payable to
- Section 24 of the Ombudsman an officer illegally dismissed or
Act (R.A. 6770) expressly provide otherwise unjustly deprived of
that “the preventive suspension his office the right to recover
shall continue until the case is accruing from the date of
deprivation. The claim for back
POLITICAL LAW COMMITTEE
 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
11
MEMORY AID IN POLITICAL LAW

salaries must be coupled with a reasons for not appointing


claim for reinstatement and officer next in rank if he fills
subject to the prescriptive vacancy by promotion in
period of one (1) year. (Cruz, disregard of the next in rank
Law on Public Officers, p126- rule. (Pineda vs. Claudio, 28
126) SCRA 34)

Forms of Compensation: Automatic Reversion Rule – all


a. salary – personal appointments involved in chain of
compensation to be paid to promotions must be submitted
public officer for his services simultaneously for approval by
and it is generally a fixed the Commission, the disapproval
annual or periodical payment of the appointment of a person
depending on the time and proposed to a higher position
not on the amount of the invalidates the promotion of
service he may render; those in the lower positions and
b. per diem – allowance for automatically restores them to
days actually spent in the their former positions.
performance of official
duties; 4. Right to vacation leave and sick
leave with pay;
c. honorarium – something
given as not as a matter of 5. Right to maternity leave;
obligation, but in
appreciation for services 6. Right to pension and gratuity;
rendered; Pension – regular allowance paid
d. fee – payment for to an individual or a group of
services rendered or on individuals by the government in
commission on moneys consideration of services
officially passing through rendered or in recognition of
their hands; and merit, civil or military.
e. emoluments – profits Gratuity – a donation and an act
arising from the office, of pure liberality on the part of
received as compensation for the State.
services or which is annexed
to the office as salary, fees, 7. Right to retirement pay;
or perquisites.
8. Right to reimbursement for
3. Right to Preference in Promotion expenses incurred in performance of
Promotion – movement from one duty;
position to another with increase
in duties and responsibilities as 9. Right to be indemnified against any
authorized by law and usually liability which they may incur in
accompanied by an increase in bona fide discharge of duties; and
pay.
10. Right to longevity pay.
Next-in-Rank Rule – the person
next in rank shall be given 11. Right to Self-Organization
preference in promotion when the Art III, Sec 8 1987Consti. Note: Civil
position immediately above his is servants are now given the right to self
vacated. But the appointing organize but they may not stage strikes
authority still exercises his (see: SSS Employees Assoc. vs. CA, 175
discretion and is not bound by SCRA 686)
this rule.
− Appointing officer is only
required to give special VIII. MODES OF TERMINATION

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
12
MEMORY AID IN POLITICAL LAW

OFFICIAL RELATIONSHIP: 3. If law is silent and public officer is


(TR3A3P DIFC2IT) elected, tender to officer authorized
1. expiration of term or tenure; by law to call election to fill
2. reaching the age limit; vacancy:
3. resignation; a. President and Vice-President -
Congress
4. recall; b. Members of Congress -
5. removal; respective Chambers
6. abandonment; e. Governors, Vice Governors,
7. acceptance of incompatible office; Mayors and Vice Mayors of HUC’s
8. abolition of office; and independent component
cities - President.
9. prescription of right to office (within f. Municipal Mayors and Vice
one year after the cause of ouster or
Mayors/City Mayors and Vice
the right to hold such office or
Mayors of component cities -
position arose);
Provincial Governor;
10. impeachment; g. Sanggunian Members –
11. death; Sanggunian concerned; and
12. failure to assume elective office h. Elective Barangay Officials –
within 6 months from proclamation; Municipal or City Mayors
13. conviction of a crime; and
Recall - termination of official
14. filing of certificate of candidacy.
relationship for loss of confidence
prior to expiration of his term
− When public officer holds office at through the will of the people.
pleasure of appointing power, his
replacement amounts to expiration
Limitations on Recall:
of his term, not removal.(Alajar vs
1. any elective official may be subject
Alba, 100 Phil 683)
of a recall election only once during
his term of office for loss of
Principle of Hold-Over – if no express or
confidence; and
implied Constitutional or statutory
2. no recall shall take place within one
provision to the contrary, public officer
year from date of the official’s
is entitled to hold office until successor
assumption to office or one year
has been chosen and shall have
immediately preceding a regular
qualified.
local election.
Purpose: to prevent hiatus in public
office. (But subject to Art. 237 of
Procedure for Recall (Secs. 70-72, R.A.
RPC)
7160)
1. Initiation of the Recall Process:
Retirement:
a. by a Preparatory Recall
− Members of Judiciary : 70 years of Assembly (PRA) composed of:
age
i. Provincial – mayors, vice
− Other government officers and mayors and sanggunian (sg)
employees : 65 years of age members of the
− Optional retirement age: after municipalities and
rendition of minimum number of component cities;
years of service. ii. City – punong barangay and
(sg) barangay members;
Accepting Authority for Resignation: iii. Legislative District:
1. to competent authority provided by iiia. SG Panlalawigan –
law; municipal officials in
2. If law is silent and public officer is the district;
appointed, tender to appointing iiib. SG Panglunsod –
officer; barangay officials in
the district;
POLITICAL LAW COMMITTEE
 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
13
MEMORY AID IN POLITICAL LAW

iv. Municipal - punong barangay


and (sg) barangay members;
− majority of the PRA
members shall convene in
session in a public place;
− recall of the officials
concerned shall be validly
initiated through a resolution
adopted by a majority of all
the PRA members concerned 3. Election on Recall – COMELEC shall
b. by the Registered Voters (RV) in set the date of the election on
the province, city, municipality recall:
or barangay (LGU) concerned - a. for barangay, city or municipal
at least 25% of the total number officials – not later than 30 days
of RV in the LGU concerned after the filing of the resolution
during the election in which the or petition;
local official sought to be b. for provincial officials - not later
recalled was elected; than 45 days after the filing of
i. written petition filed with the resolution or petition;
the COMELEC in the presence 4. Effectivity of Recall – only upon the
of the representative of the election and proclamation of a
petitioner and a successor in the person of the
representative of the official candidate receiving the highest
sought to be recalled, and in number of votes cast during the
a public place of the LGU; election on recall.
ii. COMELEC shall cause the − Should the official
publication of the petition in sought to be recalled receive the
a public and conspicuous highest number of votes,
place for a period of not less confidence in him is thereby
than 10 days nor more than affirmed, and he shall continue
20 days in office.
iii. upon lapse of the said
period, COMELEC shall
announce the acceptance of
candidates and shall prepare
the list of candidates which
shall include the name of the
official sought to be recalled

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
14
MEMORY AID IN POLITICAL LAW

ELECTION LAW

I.SUFFRAGE canvass thereof such


- right to vote in election of election results in a failure
officers chosen by people and in to elect on account of force
the determination of questions majeure, violence,
submitted to people. It includes: terrorism, fraud or other
1. election; analogous causes. (Joseph
2. plebiscite; Peter Sison v. COMELEC,
3. initiative; and G.R. No. 134096, March 3,
4. referendum. 1999)

Election – means by which people • What is common in these


choose their officials for a definite three instances is the
and fixed period and to whom they resulting failure to elect. In
entrust for time being the exercise the first instance, no
of powers of government. election is held while in the
Kinds: second, the election is
1. Regular election – one provided suspended. In the third
by law for election of officers instance, circumstances
either nationwide or in certain attending the preparation,
subdivisions thereof, after transmission, custody or
expiration of full term of former canvass of the election
members; and returns cause a failure to
2. Special election – one held to fill elect. The term failure to
vacancy in office before elect means nobody emerged
expiration of full term for which as a winner. (Pasandalan vs.
incumbent was elected. Comelec, G.R. No. 150312,
July 18, 2002)
Failure of Elections – there are • The causes for the
only 3 instances where a failure of declaration of a failure of
elections may be declared, namely: election may occur before or
a. The election in any after the casting of votes or
polling place has not been on the day of the election.
held on the date fixed on (Sec. 4, R.A. 7166)
account of force majeure,
violence, terrorism, fraud, or • The COMELEC shall call for
other analogous causes; the holding or continuation
b. The election in any of the election on a date
polling place had been reasonably close to the date
suspended before the hour of the election not held,
fixed by law for the closing suspended, or which resulted
of the voting on account of in a failure to elect but not
force majeure, violence, later than 30 days after the
terrorism, fraud, or other cessation of the cause of
analogous causes; and such suspension or failure to
c. After the voting and elect. (Sec. 6, B.P. 881)
during the preparation and • In such election, the location
transmission of the election of polling places shall be the
returns or in the custody or same as that of the

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
15
MEMORY AID IN POLITICAL LAW

preceding regular election. any crime against national security;


However, changes may be but right is reacquired upon
initiated by written petition expiration of 5 years after service of
of the majority of the voters sentence; and
of the precinct or agreement 3. insane or incompetent persons as
of all the political parties or declared by competent authority
by resolution of the Comelec (Sec. 118, OEC).
after notice and hearing.
(Cawasa vs. Comelec, G.R. II. POLITICAL PARTY
No. 150469, July 3, 2002) - organized group of citizens
advocating an ideology or platform,
Postponement of Elections - An principles and policies for the general
election may be postponed by the conduct of government and which, as
COMELEC either motu proprio or upon the most immediate means of securing
a verified petition by any interested their adoption, regularly nominates and
party when there is violence, supports certain of its leaders and
terrorism, loss or destruction of members as candidate in public office.
election paraphernalia or records, (Bayan Muna v. Comelec, GR No. 147613,
force majeure, or other analogous June 28, 2001)
cause of such a nature that the
holding of a free, orderly and honest • To acquire juridical personality
election becomes impossible in any and to entitle it to rights and
political subdivision. (Sec. 5, B.P. privileges granted to political
881) parties, it must be registered
with COMELEC
• The COMELEC shall call for the
holding of the election on a date • policies for the general conduct
reasonably close to the date of of government and which, as the
the election not held, most immediate means of
suspended, or which resulted in securing their adoption,
a failure to elect but not later regularly nominates and supports
than 30 days after the cessation certain of its leaders and
of the cause for such members as candidate in public
postponement or suspension of office. (Bayan Muna v. Comelec,
the election or failure to elect. GR No. 147613, June 28, 2001)
(Sec. 5, B.P. 881)
• To acquire juridical personality
Qualification for Suffrage: and to entitle it to rights and
1. Filipino citizen; privileges granted to political
2. At least 18 years of age; parties, it must be registered
3. Resident of the Philippines for at with COMELEC.
least one year;
4. Resident of place where he proposes Groups Disqualified for Registration:
to vote for at least 6 months; and 1. religious denominations or sects;
5. Not otherwise disqualified by law. 2. those who seek to achieve their
goals through violence or unlawful
Disqualification: means;
1. person convicted by final judgment 3. those who refuse to uphold and
to suffer imprisonment for not less adhere to Constitution; and
than 1 year, unless pardoned or 4. those supported by foreign
granted amnesty; but right governments.
reacquired upon expiration of 5
years after service of sentence; Grounds for Cancellation of
2. person adjudged by final judgment Registration:
of having committed any crime
involving disloyalty to government or
POLITICAL LAW COMMITTEE
 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
16
MEMORY AID IN POLITICAL LAW

1. accepting financial contributions 4. A party or an organization must not


from foreign governments or their be disqualified under Sec. 6, RA 7941
agencies; and as follows:
2. failure to obtain at least 10% of a. it is a religious sect or
votes casts in constituency where denomination, organization or
party fielded candidates. association organized for
religious purposes;
b. it advocates violence or
unlawful means to seek its goals;
Party System – a free and open party c. it is a foreign party or
system shall be allowed to evolve organization;
according to free choice of people. d. it is receiving support
− no votes cast in favor of from any foreign government,
political party, organization or foreign political party,
coalition shall be valid except foundation, organization,
for those registered under the whether directly or through any
party-list system provided in the of its officers or members or
Constitution; indirectly through third parties
− political parties for partisan election purposes;
registered under party-list e. it violates or fails to
system shall be entitled to comply with laws, rules or
appoint poll watchers in regulation relating to elections;
accordance with law; and f. it declares untruthful
− part-list representatives statements in its petition;
shall constitute 20% of total g. it has ceased to exist for
number of representatives in the at least one (1) year; or
House. h. it fails to participate in
the last two (2) preceding
Guidelines for screening party-list elections or fails to obtain at
participants least two per centum (2%) of the
1. The political party, sector, votes cast under the party-list
organization or coalition must system in two (2) preceding
represent the marginalized and elections for the constituency in
underrepresented groups identified which it has registered.
in Sec. 5 of RA 7941. Majority of its 5. the party or organization must not
member-ship should belong to the be an adjunct of, or a project
marginalized and underrepresented; organized or an entity funded or
2. While even major political parties assisted by, the government.
are expressly allowed by RA 7941 6. the party, including its nominees
and the Constitution, they must must comply with the qualification
comply with the declared statutory requirements of section 9, RA 7941
policy of “Filipino citizens belonging as follows: “No person shall be
to marginalized and under- nominated as party-list
represented sectors to be elected to representative unless he is: (a)
the House of Representatives”. natural-born citizen of the
Thus, they must show that they Philippines; (b) a registered voter;
represent the interest of the (c) a resident of the Philippines for a
marginalized and underrepresented. period of not less than one year
3. That religious sector may not be immediately preceding the day of
represented in the party-list system; the election; (d) able to read and
except that priests, imam or pastors write; (e) a bona fide member of the
may be elected should they party or organization which he seeks
represent not their religious sect but to represent for at least 90 days
the indigenous community sector; preceding the day of the election;
and (f) at least 25 years of age on
the day of the election. In case of a

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
17
MEMORY AID IN POLITICAL LAW

nominee of the youth sector, he Venecia, G.R. No. 150605, December


must at least be twenty five (25) but 10, 2002)
not more than thirty (30) years of
age on the day of the election. Any Nuisance Candidate
youth sectoral representative who – COMELEC may motu propio
attains the age of thirty (30) during or upon petition of
his term shall be allowed to continue interested party, refuse to
in office until the expiration of his give due course to or cancel
terms”; certificate of candidacy if
shown that said certificate
was filed:
7. not only the candidate party or 1. to put election process in mockery or
organization must represent disrepute;
marginalized and underrepresented 2. to cause confusion among voters by
sectors, so also must its nominees; similarity of names of registered
8. while lacking the a well-defined candidates;
political constituency, the nominee 3. by other circumstances or acts which
must likewise be able to contribute demonstrate that a candidate has no
to the formation and enactment of bona fide intention to run for office
appropriate legislation that will for which certificate has been filed,
benefit the nation as a whole. (Ang and thus prevent a faithful
Bagong Bayani-OFW Labor Party, v. determination of true will of
COMELEC, GR No. 147589, June 26, electorate.
2001).
IV. FAIR ELECTIONS ACT OF 2001 (RA
III. DISQUALIFICATION OF 9006)
CANDIDATES:
1. declared as incompetent or insane Lawful election Propaganda (sec. 3):
by competent authority;
2. convicted by final judgment for 1. Written/Printed Materials (does not
subversion, insurrection, rebellion or exceed 8 ½ in. width by 14 in.
any offense for which he has been length)
sentenced to a penalty of 18 months 2. Handwritten/printed letters
imprisonment; 3. Posters (not exceeding 2 x 3 ft.)
3. convicted by final judgment for − 3 by 8 ft. allowed in
crime involving moral turpitude; announcing, at the site and
4. any person who is permanent on the occasion of a public
resident of or immigrant to a foreign meeting or rally, may be
country; and displayed 5 days before the
5. one who has violated provisions on: date of rally but shall be
a. campaign period; removed within 24 hours
b. removal, destruction of lawful after said rally.
election propaganda; 4. Print Ads
c. prohibited forms of propaganda; − ¼ page in
d. regulation of propaganda broadsheets and ½ page in
through mass media; and tabloids thrice a week per
e. election offenses. newspaper, magazine or
other publication during the
- When a candidate has not yet been campaign period
disqualified by final judgment during 5. Broadcast Media (i.e. TV and
the election day and was voted for, Radio)
the votes cast in his favor cannot be
declared stray. To do so would NATIONAL LOCAL
amount to disenfranchising the POSITIONS POSITIONS
electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De 1. 120 minutes 1. 60 minutes

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
18
MEMORY AID IN POLITICAL LAW

for TV for TV suppression is only for a limited


period; and
2. 180 minutes 2. 90 minutes
for Radio for Radio
• the governmental interest sought
to be promoted can be achieved
by means other than the
Prohibited Campaign
suppression of freedom of
1. Public exhibition of movie,
expression. (Social Weather
cinematograph or documentary
Station v. Comelec, G.R. No.
portraying the life or biography of a
147571 May 5, 2001)
candidate during campaign period;
2. Public exhibition of a movie,
Substituted and Substitute Candidate
cinematograph or documentary
- In case of valid substitutions
portrayed by an actor or media
after the officials ballots have been
personality who is himself a
printed, the votes cast for the
candidate;
substituted candidates shall be
3. Use of airtime for campaign of a
considered as stray votes but shall not
media practitioner who is an official
invalidate the whole ballot. For this
of a party or a member of the
purpose, the official ballots shall provide
campaign staff of a candidate or
for spaces where the voters may write
political party;
the name of the substitute candidates if
they are voting for the latter: Provided,
Limitation on Expenses:
however, That if the substitute
1. for candidates:
candidate is of the same family name,
− President and Vice
this provision shall not apply.(Sec.12)
President = P10/voter;
− Other candidates, if with V. PRE-PROCLAMATION
party = P3/voter;
CONTROVERSY
− Other candidates, if
without party = P5/voter. • Any question pertaining to or
affecting proceedings of Board of
2. for political parties =
Canvassers which may be raised
P5/voter
by any candidate or by a
registered political party or
Statement of Contribution and
coalition of political parties
Expenses
before the board or directly with
− every candidate and treasurer of COMELEC or any matter raised
political party shall, within 30 days
under Sections 233, 234, 235,
after day of election, file offices of
and 236, in relation to
COMELEC the full, true and itemized
preparation, transmission,
statement of all contribution and
receipt, custody and
expenditures in connection with
appreciation of election returns.
election.
Issues which may be raised in a Pre-
Election Survey
Proclamation Controversy:
− The SC held that Sec. 5.4 of the Fair 1. Illegal composition or proceedings of
Election Act prohibiting publication the board of Canvassers;
of survey results 15 days 2. Canvassed election returns are
immediately preceding a national incomplete, contain material
election and 7 days before a local defects, appears to be tampered
election violates the constitutional with or falsified; or contain
rights of speech, expression, and the discrepancies in the same returns or
press because: in other authentic copies thereof as
• it imposes a prior restraint on mentioned in Sec. 233,234,235 and
the freedom of expression; 236 of BP 881;
• It is a direct and total 3. Election returns were prepared
suppression of a category of under duress, threat, coercion, or
expression even though such
POLITICAL LAW COMMITTEE
 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
19
MEMORY AID IN POLITICAL LAW

intimidation, or they are obviously 3. Representative - HR Electoral


manufactured or not authentic; and Tribunal
4. When substitute of fraudulent 4. Regional/Provincial/City - COMELEC
returns in controverted polling
places were canvassed, the results of
5. Municipal - RTC
which materially affected the 6. Barangay - MTC
standing of the aggrieved
candidate/s. Appellate Jurisdiction:
1. For decisions of RTC and MTC
− appeal to COMELEC
whose decision shall be final and
III. ELECTION CONTESTS executory;
2. For decisions of COMELEC
Nature: special summary proceeding − petition for review on
object of which is to expedite Certiorari with SC within 30 days
settlement of controversies between from receipt of decision on
candidates as to who received majority ground of grave abuse of
of legal votes. discretion amounting to lack or
Purpose: to ascertain true will of people excess of jurisdiction or violation
and duly elected officer, and this could of due process;
be achieved by throwing wide open the 3. For decisions of Electoral Tribunal
appeal before the court. − petition for review on
Certiorari with SC on ground of
Contest: any matter involving title or grave abuse of discretion
claim of title to an elective office, made amounting to lack or excess of
before or after proclamation of winner, jurisdiction or violation of due
whether or not contestant is claiming process.
office in dispute.
Election, Returns and qualification – Actions Which May Be Filed:
refers to all matters affecting validity of 1. Election Protest
the contestee’s title to the position. - May be filed by any candidate who
has filed a certificate of candidacy
Election – conduct of the polls, and has been voted upon for the
including the registration of voters, same officer;
holding of election campaign, and Grounds:
casting and counting of votes. a. fraud;
b. terrorism;
Returns – include the canvass of c. irregularities; or
returns and proclamation of winners, d. illegal acts
together with questions concerning − committed before,
composition of Board of Canvassers during, or after casting and
and authenticity of election returns. counting of votes
Time to file: within 10 days from
Qualifications – matter which could proclamation of results of election.
be raised in a quo warranto
proceedings against the proclaimed 2. Quo warranto
winner, such as his disloyalty to the - Filed by any registered voter in the
Republic or his ineligibility or constituency
inadequacy of his certificate of
candidacy. Grounds:
a. ineligibility; or
Original Exclusive Jurisdiction Over b. disloyalty to Republic.
Election Contests Time to file: within 10 days from
1. President and Vice-President - proclamation of results of election.
Supreme Court en banc
2. Senator - Senate Electoral Tribunal QUO WARRANTO QUO WARRANTO

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
20
MEMORY AID IN POLITICAL LAW

IN ELECTIVE IN APPOINTIVE candidate in a convention or


OFFICE OFFICE similar selection process of a
1. determination is 1. determination is political party.
eligibility of legality of (2) Any person, association,
candidate-elect appointment corporation, group or community
2. when person 2. court may who solicits or receives, directly
elected is determine as to or indirectly, any expenditure or
declared who among the
promise of any office or
ineligible, court parties has legal
title to office employment, public or private,
cannot declare 2nd for any of the foregoing
placer as elected,
considerations. (Sec. 261, B.P.
even if eligible
881)
IV. ELECTION OFFENSES

Vote-Buying and Vote-Selling • One of the effective ways of


(1) Any person who gives, offers preventing the commission
or promises money or anything of of vote-buying and of
value, gives or promises any prosecuting those
office or employment, franchise committing it is the grant of
or grant, public or private, or immunity from criminal
makes or offers to make an liability in favor of the
expenditure, directly or party (person/s) whose vote
indirectly, or cause an was bought. This grant of
expenditure to be made to any immunity will encourage the
person, association, corporation, recipient or acceptor to
entity, or community in order to come into the open and
induce anyone or the public in denounce the culprit-
general to vote for or against candidate, and will ensure
any candidate or withhold his the successful prosecution of
vote in the election, or to vote the criminal case against the
for or against any aspirant for latter. (Comelec vs. Hon.
the nomination or choice of a Tagle, G.R. Nos. 148948 &
148951, February 17, 2003)

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
21
MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991 upon various LGU’s to perform specific


(R.A. 7160) functions and responsibilities.[Sec.17(e),
par.2, LGC].
Effectivity: January 1, 1992

Scope of Application of Local


Government Code: Declaration of Policy:
Applicable to:
1. all provinces, 1. Territorial and subdivisions of
2. cities, State shall enjoy genuine and
3. municipalities, meaningful local autonomy to enable
4. barangays; them to attain fullest development
5. and other political and make them more effective
subdivisions as may be created partners in attaining national goals;
by law; and 2. Ensure accountability of LGU’s
6. to the extent provided in through institution of effective
the Local Government Code: mechanisms of recall, initiative and
a. to officials, referendum; and
b. offices, or 3. Require all national agencies and
c. agencies of the National offices to conduct periodic
Government. consultations with appropriate
LGU’s, NGO’s and People’s
Local Autonomy – in its constitutional Organizations and other concerned
sense, to polarize LGU’s from over sector of community before any
dependence on central government and project or program is implemented
do not make LGU’s mini-republics or in their respective jurisdictions.
imperium in imperia.
Rules on Interpretation:
Decentralization of Administration – 1. provision on power: liberally
central government delegates interpreted in favor of LGU; in case
administrative powers to political of doubt, resolved in favor of
subdivisions in order to broaden base of devolution of powers;
government power and in process make 2. ordinance or revenue measure:
LGU’s more responsive and accountable construed strictly against LGU
and ensure their fullest development as enacting it and liberally in favor of
self-reliant communities and make them tax payer;
effective partners in the pursuit of
national development and social
3. tax exemptions, incentive or relief
granted by LGU: construed against
progress.
person claiming;
Decentralization of Power – involves 4. general welfare provisions: liberally
abdication of political power in favor of interpreted to give more powers to
LGU’s declared autonomous.(Limbona v. LGU’s in accelerating economic
Mengelin, 170 SCRA 786). development and upgrading quality
of life for people in community;
Devolution – act by which national 5. rights and obligations existing on
government confers power and authority date of effectivity of LGC of 1991
POLITICAL LAW COMMITTEE
 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
22
MEMORY AID IN POLITICAL LAW

and arising out of contracts or any III. DE FACTO MUNICIPAL


other source of prestation involving CORPORATION
LGU, shall be governed by original
terms and conditions of said Requisites:
contracts or law in force at time 1. valid law authorizing incorporation;
such rights were vested; and 2. attempt in good faith to organize
6. resolution of controversies arising under it;
under LGC of 1991 where no legal 3. colorable compliance with law; and
provision or jurisprudence applies, 4. assumption of corporate powers.
resort may be had to customs and
traditions in place where
controversies take place.
II. PUBLIC CORPORATION
- one formed and organized for the IV. TERRITORIAL AND POLITICAL
government of a portion of the State. SUBDIVISIONS ENJOYING
LOCAL AUTONOMY:
Elements of Public Corporation: 1. Province – cluster of municipalities,
1. legal creation or incorporation; or municipalities and component
2. corporate name; cities, and serves as dynamic
3. inhabitants; and mechanism for developmental
4. territory. processes and effective governance
of LGU’s within its territorial
Classes of Corporation: jurisdiction.
1. Quasi-corporation – public
corporations created as agencies of 2. City – composed of more urbanized
State for narrow and limited and developed barangays, serves as
purposes. a general purpose government for
2. Municipal corporation – body politic coordination and delivery of basic,
and corporate constituted by regular and direct services and
incorporation of inhabitants of city effective governance of inhabitants
or town purposes of local within its territorial jurisdiction;
government thereof or as agency of
State to assist in civil government of 3. Municipality – consisting of group of
the country. barangays, serves primarily as a
3. Quasi-public corporation – private general purpose government for
corporation that renders public coordination and delivery of basic,
service or supplies public wants. regular and direct services and
effective governance of inhabitants
PUBLIC PRIVATE within its territorial jurisdiction;
CORPORATION CORPORATION
4. Barangay – basic political unit which
1. established for 1. created for private serves as primary planning and
purposes of aim, gain or benefit implementing unit of government
administration of of members policies, plans, programs, projects
civil and local and activities in community, and as a
governments
forum wherein collective views of
2. creation of State 2. created by will of people may be expressed,
either by special or incorporators with crystalized and considered and
general act recognizance of State where disputes may be amicably
settled;
3. involuntary 3. voluntary
consequence agreement by and 5. Autonomous Regions – created for
legislation among members decentralization of administration or
decentralization of government; and

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
23
MEMORY AID IN POLITICAL LAW

6. Special metropolitan political less than the minimum requirements


subdivisions – created for sole prescribed;
purpose of coordination of delivery 2. income classification of original LGU
of basic services. shall not fall below its current
income classification prior to
Creation of Municipal Corporations division;
1. For province, city or municipality, 3. Plebiscite be held in LGU’s affected.
only by Act of Congress; 4. Assets and liabilities of creation shall
be equitably distributed between the
2. For barangays, ordinance passed by LGU’s affected and new LGU. When
respective Sanggunian municipal district of other territorial
divisions is converted or fused into a
municipality all property rights
vested in original territorial
organization shall become vested in
• Plebiscite Requirement – government of municipality.
approved by a majority of
the votes cast in a plebiscite V. POWERS OF LGUs
called for the purpose in the
political unit/s directly Classification of Powers of Local
affected (Sec. 10, R.A. 7160) Government Units
• Based on verifiable 1. Express, implied and inherent;
indicators of viability and 2. Public or governmental, private or
projected capacity to proprietary;
provide services (Sec. 7, R.A. 3. Intramural and extramural; and
7160) [Note: see Annex C] 4. Mandatory and directory; ministerial
and discretionary.
Beginning of Corporate Existence
• upon election and qualification Governmental Powers of LGU:
of its chief executive and 1. General Welfare – (Sec. 16, R.A.
majority of members of its 7160) statutory grant of police
Sanggunian, unless some other power to LGU’s. It is limited to:
time is fixed therefore by law or a. territoriality;
ordinance creating it. b. equal protection clause;
• Mode of Inquiry to Legal c. due process clause; and
Existence of LGU: Quo warranto d. must not be contrary to law.
which is reserved to State or 2. Delivery of basic services and
other direct proceedings facilities – (Sec. 17, of R.A. 7160);
3. Power to generate and apply
Abolition of LGU: resources – (Sec. 18, of R.A. 7160);
− When income, population, or land 4. Eminent Domain – (Sec. 19, of R.A.
area of LGU has been reduced to less 7160);
than minimum standards prescribed Additional Limitations for Exercise
for its creation. The law or by LGU:
ordinance abolishing LGU shall a. exercise by local chief executive
specify the province, city, pursuant to an ordinance;
municipality or barangay with which b. for public use, purpose or
LGU sought to be abolished will be welfare for benefit of poor and
incorporated or merged. landless;
c. payment of just compensation;
Division and Merger of LGU’s and
− shall comply with same d. only after valid and definite
requirements, provided: offer had been made to, and not
1. shall not reduce income, population accepted by owner.
or land area of LGU concerned to (Municipality of Parañaque v.

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
24
MEMORY AID IN POLITICAL LAW

V.M. Realty Corp., 292 SCRA c. veto communicated to


678) sanggunian within 15 days for
5. Reclassification of Lands – (Sec. 20 province and 10 days for city or
of RA 7160) municipality.
Limited by following percentage of
total agricultural land area: Requisites for validity:
a. for HUC and independent a. must not contravene the
component cities: 15%; Constitution and any statute;
b. for component cities and 1st to b. must not be unfair or oppressive;
3rd class municipalities: 10% ; c. must not be partial or
and discriminatory;
c. for 4th to 6th class municipalities: d. must not prohibit, but may
5%. regulate trade;
6. Closure and opening of roads – (Sec. e. must not be unreasonable; and
21 of RA 7160) f. must be general in application
and consistent with public policy.
In case of permanent closure:
a. adequate provision for public • Barangay Chairman has no
safety must be made; and veto power.
b. may be properly used or Corporate Powers of LGU:
conveyed for any purpose for 1. to have continuous succession in its
which other real property may corporate name;
be lawfully used or conveyed; 2. to sue and be sued;
provided no freedom park be 3. to have and use a corporate seal;
permanently closed without 4. to acquire and convey real or
provisions or transfer to new personal property;
site. 5. power to enter into contracts;
7. Local legislative power – (Secs. 48- Requisites of valid municipal
59 of RA 7160) contracts:
Approval of ordinances: a. LGU has express, implied, or
a. local chief executive with his inherent power to enter into a
signature on each and every particular contract;
page; b. Entered into by proper
b. if local chief executive vetoes department, board, committee,
the same, may be overridden by or agent;
2/3 vote of all sanggunian c. Must comply with substantive
members; requirements;
d. Must comply with formal
(i) grounds for veto:
requirements; and
ordinance is ultra vires
or prejudicial to public e. In case entered into by local
welfare; chief executive on behalf of
(ii) local chief executive LGU, prior authorization by
may veto particular Sanggunian concerned is
item/s of appropriation needed
ordinance, adoption of 6. to exercise such other powers as
local development plan granted to corporation, subject to
and public investment limitations provided in Local
plan, or ordinance Government Code of 1991 and other
directing payment of laws.
money or creating
liability; and VI. MUNICIPAL LIABILITY:
(iii) local chief executive
may veto an ordinance Rule: Local government units and their
only once; officials are not exempt from liability for

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
25
MEMORY AID IN POLITICAL LAW

death or injury to persons or damage to a. 23 years of age – Governor, Vice


property (Sec. 24, R.A. 7160) Governor, Board Member,
1. Statutory provisions on liability: Mayor, Vice Mayor or Member of
a. Art. 2189, Civil Code – defective City Council for HUC’s.
condition of roads, streets, b. 21 years of age – Mayor or Vice
bridges, public buildings, and Mayor of ICC’s, component cities
other public works; or municipalities;
b. Art. 2180(6th par.), Civil Code –
acts through a special agent;
c. 18 years of age – members of
ICC or component city or
d. Art. 34, Civil Code – failure or
municipal council or punong
refusal of a member of the
barangay or member of
police force to render aid and
barangay council;
protection in case of danger to
life and property d. at least 15 but not 21 years of
2. for Tort – depends if engaged in: age – candidate for sanggunian
a. governmental functions – not kabataan.
liable; (Sec. 39, RA 7160)
b. proprietary functions – liable
Disqualification of Elective Local
3. for Violation of Law Official:
4. for Contracts – if contract is: 1. sentenced by final judgment for
a. intra vires – liable; offense involving moral turpitude or
b. ultra vires – not liable punishable by 1 year or more of
− Doctrine of Implied imprisonment within 2 after service
Municipal Liability – a of sentence;
municipality may become 2. those removed from office due to
obligated upon an implied administrative cases;
contract to pay the reasonable 3. those convicted by final judgment
value of the benefits accepted or for violating oath of allegiance to
appropriated by it as to which it the Republic;
has the general power to 4. those with dual citizenship;
contract (Province of Cebu v. 5. fugitives from justice in criminal or
IAC, 147 SCRA 447); the doctrine non-political cases here or abroad;
applies to all cases where money 6. permanent resident in foreign
or other property of a party is country; and
received under such 7. insane or feeble-minded.(Sec.40,
circumstances that the general RA.7160)
law, independent of an express
contract, implies an obligation to VIII. MANNER OF ELECTION
do justice with respect to the 1. Elected at large
same (Nachura, Reviewer in a. Governor; Vice Governor;
Political Law, p. 431) b. City or municipal mayor; City
or municipal vice-mayor;
VII. QUALIFICATION OF ELECTIVE c. Punong barangay,
LOCAL OFFICIALS: d. SK chairman, elected by
1. citizen of the Philippines; voters of Katipunan ng Kabataan
2. registered voter of barangay,
2. Elected by District
municipality, city, province, or
district where he intends to be a. regular members of Sanggunian
elected; b. ex-officio members of
3. resident therein for at least 1 year Sanggunian
preceding election; (i.) panlalawigan
4. able to read and write Filipino or • president of
local language or dialect; and leagues of sanggunian
5. age: members of component

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
26
MEMORY AID IN POLITICAL LAW

cities and municipalities;


and
• president of liga
ng mga barangay and
pederasyon ng mga
sanggunian kabataan
(ii.) panlunsod
• president of liga
ng mga barangay and
the pederasyon ng mga
SB
(iii.) bayan
• president of liga
ng mga barangay and the
pederasyon ng mga
sanggunian kabataan

3. Sectoral representatives – women,


worker, urban poor, and other
sectors allowed by law.

Date of Election: Every 3 years on


2nd Monday of May, unless otherwise 3. dishonesty, oppression, misconduct
provided by law. in office, gross negligence or
dereliction of duty;
Term of Office: 3 years starting 4. commission of offense involving
from noon of June 30 next following moral turpitude or offense
the election or such date as may be punishable by at least prision mayor;
provided by law, except that of 5. abuse of authority;
elective barangay officials, for 6. unauthorized absence for 15
maximum of 3 consecutive terms in consecutive working days except
same position. sanggunian members;
Consecutive: After three 7. application for, acquisition of ,
consecutive terms, an elective foreign citizenship or residence or
local official cannot seek status of an immigrant of another
immediate reelection for a country; and
fourth term. The prohibited 8. such other grounds as may be
election refers to the next provided in EC and other laws
regular election for the same
office following the end of the • Under Sec. 60 of RA
third consecutive term. Any 7160 an elective local
other subsequent election, like a official may be removed
recall election is no longer from office on the grounds
covered by the prohibition enumerated above by order
(Socrates vs. Comelec, G.R. No. of the proper court only
154512, November 12, 2002). (Salalima vs Guingona, 257
SCRA 55)
IX. GROUNDS FOR DISCIPLINARY
ACTIONS:
1. disloyalty to the Republic;
2. culpable violation of the
Constitution;

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
San Beda College of Law
27
MEMORY AID IN POLITICAL LAW

POLITICAL LAW COMMITTEE


 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo  EDP: Shantel Aceret  MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala