ADMIN LAW

I.
Public Office right, authority and duty created and conferred by law, by w/c for a given period,
either fixed by law or enduring at the pleasure of an appointing officer, an individual is invested
with some portion of the sovereign functions of the government to be exercised by him for the
benefit of the public (p1)
Elements (p9)
1. it is created by the constitution or by law or by some body or agency to w/c the power to
create the office has been delegated.
2. It must be invested with an authority to exercise some portion of the sovereign power of
the state to be exercised for public interest.
3. Its powers and functions are defined by the constitution or by law, or through legislative
authority.
4. the duties pertaining thereto are performed independently, without control of a superior
power other than law, unless they are those of an inferior or subordinate officer, created
or authorized by the legislature and placed by it under the general control of a superior
officer or body; and
5. it is continuing and permanent in nature and not occasionally intermittent
Modes of Creation (p9)
1. Generally by some constitutional or statutory provision or by authority conferred by it.
2. By congress
3. By the President
II.
Qualification may be used in one or two senses; (p18)
1. may refer to the endowment or accomplishment that fits one for office
2. may refer too an act by which a person, before entering upon the performance of his
duties, is, by law required to do, such as the taking, and often, of subscribing and
filing of an official oath, and in some cases, the giving of an official bond.
Effects of loss of qualification during incumbency
Disqualifications (p 37-47)
1. General, individuals who lack any of the qualifications prescribed by the constitution
or by law for public office are ineligible or disqualified from holding such office. An
appointment of an ineligible or unqualified person is a nullity.
2. Specific
a. mental or physical incapacity
b. misconduct or crime
c. impeachment
d. removal or suspension from office
e. previous tenure of office
f. consecutive terms
g. holding of more than one office
h. relationship with appointing officer
i. office newly created or the emoluments of which have been increased
j. being an elective official
k. having been a candidate for an elective position
l. under the local govt code
III.
De Facto Officers one who has the reputation of being the officer he assumed to be and yet is
not a good officer in point of law. (p110)
Elements (p114)
1. There must be a de jure office
2. there must be a color of right or general acquiescence by the public
3. there must be actual physical possession of the office in good faith
Legal effects of the acts of De Facto Officers (p.119)
1. as regards the officers themselves general rule is that a party suing or defending
his own right as a public officer must show that he is an officer de jure that it is not
sufficient that he be merely a de facto officer.

2. as regards the public and third persons general rule is that de facto officers are
valid as to third persons and the public until his title to office is adjudged insufficient,
and such officers authority may not be collaterally attacked or inquired into by third
persons. The practical effect of the rule is that there is no difference between the acts
of a de facto and de jure officers so far as the public and third persons are
concerned.
Entitlement to salaries (p121)
1. General Rule a de facto officer cannot maintain an action to recover salary, fees or
other emoluments attached to the office, even though he has performed the duties
thereof on the theory that the acts of the de facto officers as far as he himself is
concerned are void.
2. Exception one who becomes an officer de facto without bad faith on his part, and
who renders the services required of the office may recover the compensation
provided by law for such services for the period of their rendition.
III.
Commencement of Official Relations (p48)
1. by appointment
2. by election
Classifications of appointments (p71)
1.
2.
3.
4.

permanent lasts until they are lawfully terminated

temporary or acting those which last until a permanent appointment is issued
regular those made while in congress is in session
ad interim made while congress is not in session

Jurisdiction of the civil service commission (p80)

Scope under the constitution embraces all branches, subdivisions, instrumentalities, and
agencies of the govt., including goccc or controlled corporations with original charter.. The
intention of the constitution is to extend the requirement and benefits of the civil service system
over the administrative personnel of the entire govt. national and local including military
establishment.
Classes of service (p81)
1. Career Service based on merit and fitness, security of tenure
2. Non-Career Service entry not based on merit and fitness, co-terminus
3. Exempt or casual employment is not permanent but occasional, unpredictable,
sporadic and brief in nature.
Other personnel actions (p197)
1. Appointment through certification selected from a list of qualified persons certified
by the CSC from the register of eligible.
2. Promotion movement from one position to another with increase in duties and
responsibilities as authorized by law and usually accompanied by increase in pay.
3. Transfer movement from one position to another equivalent in rank, level or salary
without break in service involving the issuance of appointment.
4. Reinstatement restoration to a state of condition from which one has been removed
or separated.
5. Reemployment those who has been separated as a result of reduction in force or
reorganization, shall be entered in the list for employment.
6. Detail movement of an employee from one department or agency to another
without the issuance of an appointment and shall be allowed only for a limited period.
7. Reassignment an employee reassigned from one organizational unit to another in
the same department but it shall not involve a reduction in rank, salary or status.
8. Demotion movement from one position to another involving the issuance of an
appointment with diminution in duties, responsibilities, status or rank which may or
may not include reduction in pay.
V. Powers and duties of public officers
Extent of authority of public officer (p126)
1. Expressly conferred upon him by law under which he has been appointed or elected
2. Expressly annexed to the office by the law which created it or some other law
referring to it.
3. Attached to the office as an incidents to it

Ministerial and Discretionary Powers (p130)

1. Official duty is ministerial when it is absolute, certain, and imperative involving merely
execution of a specific duty arising from fixed and designated facts. A ministerial acts
is defined as one which a person performs on a given statement of facts, and in a
prescribed manner, in obedience to the mandate of legal authority, without regard to,
or the exercise of his own judgment upon the propriety or impropriety of the act.
2. Discretionary or judicial duties necessarily require the exercise of reason of the
adaptation of means to an end, and discretion in determining how or whether the act
shall be done or the course pursued. It arises when the act may be performed in a
question decided in one of two or more ways, either of which maybe lawful or right
and where it is left to the will or judgment of the performer to determine in which way
it will be performed.
Duties of Public Officers
General (p147)
1. Duty to obey the law
2. Duty to accept and continue in office
3. Duty to accept burden of office
4. Duties in choice and supervision of subordinates
5. Duty to make financial disclosure
Specific (p153)
1. Act promptly on letters and requests
2. process papers and documents expeditiously
3. submit annual performance reports
4. act immediately on public personal transaction
5. make documents accessible to the public
Prohibitions (p235-258)
Nepotism appointment made by an appointing authority within the 3 rd degree either of
consanguinity or affinity is prohibited subject to exceptions. (p246, 398)
VI. Liability of Public Officers
General Rule Liability Doctrine of Official Immunity from liabilities of public officers serves as
protective guidance from tort liability from discretionary acts or functions in performance of their
official duties.
Statutory Rule Liability
Three Fold Liability Rule (p262) (civil, criminal or administrative) for violation of duty, wrongful
act, or ommision
1. if individual is damaged by such violation, official shall be held civilly liable to
reimburse the injured party.
2. if law attached a penal sanction, he may be punished criminally
3. administrative disciplinary power (fine reprimand, suspension or removal from office)
Liability of Ministerial Officers (p285)
1. Nonfeasance - neglect or refusal without sufficient excuse, to perform an act which it
was the officers official duty to the individual to perform
2. Misfeasance failure to use, in the performance of a duty owing to an individual, that
degree of care, skill and diligence which the circumstances of the case reasonably
demand and;
3. Malfeasance the doing, either through ignorance, inattention or malice, of that
which the officer has no legal right to do at all, as where he acts without any authority
whatever, or exceeds, ignores or abuses his powers.
General Rule good faith and absence of malice constitutes no defense in an action to hold a
ministerial officer liable for damages.
VII. Rights of Public Officers
Right to office where an office is created by a statute, the rights of an officer elected thereunder
are measured by the statute, except insofar as he may be protected by the provisions of the
constitution. (p166)
Right to salary basis of right to compensation (p172)
1. creation of law
2. services rendered

3.
4.
5.
6.

compensation fixed by law

legal title to office
amount of compensation
ex officio position

Constitutional provisions affecting salary

1. prohibitions against diminution of salary (p 180)
2. prohibitions against receiving additional, double, or indirect compensation (p 181)
3. salary not subject to garnishment (p178)
Preventive suspension and right to salary - preventive suspension shall be without pay (Sec 35
RA 2260 Civil Service Act), back salary if exonerated and found to be unlawful. (90 days p. 442,
447)
Preventive suspension pending investigation Preventive suspension pending appeal if the penalty imposed by disciplinary authority is
suspension or dismissal, and after review the respondent is exonerated.
Right to retirement pay
Liberal constructions of retirement laws. Retirement benefits, gratuity and separation pay
in the govt service are invariably computed in the basis of the highest salary, emolument and
salaries received. (p208)
VIII Termination of Official Relationships
Modes of termination (p328)
1. expiration of term or tenure of office
2. reaching the age limit(retirement)
3. Death or permanent disability
4. Resignation
5. Acceptance of an incompatible office
6. abandonment of office
7. prescription of right to office
8. removal
9. impeachment
10. abolition of office
11. conviction of a crime
12. recall
Term means the time during which the officer may claim to hold the office as of right, and fixes the
interval after which the several incumbents shall succeed one another. Fixed and definite period
of time to hold office. Not affected by holding-over.
Tenure represents the period during which the incumbent actually holds office. It may be shorter
then the term for reasons within or beyond the power of the incumbent. (p329)
Principle of Hold over means that when the term of the officer expires or his services terminated
but he should continue holding his office until his successor is appointed or chosen and had
qualified. (p336)
Jurisdiction in disciplinary cases (p425)
Reorganization of govt offices
IX. ELECTION
General Principles
Sec 1 Art 5 Constitution. Suffrage may be exercised by all citizens of the Philippines not
otherwise disqualified by law, who are at least eighteen years of age, and who shall have resided
in the Philippines for at least one year, and in the place wherein they propose to vote, for at least
six months immediately preceding the election. No literacy, property, or other substantive
requirement shall be imposed on the exercise of suffrage.
Suffrage right and obligation of qualified citizens to vote in election of certain and local officers
of the govt and in decision of public questions submitted to the people.
Election means by which the people choose, through the use of the ballot, their officials for
definite and fixed periods and to whom they entrust, for the tome being as their representatives,
the exercise of powers of govt. it is the expression of sovereign will of the people.

Kinds
1. Election
2. Plebiscite name given to vote of a people expressing their choice for or against a
proposed law or enactment submitted to them.
3. Referendum submission of a law passed by the national or local legislative body to the
registered voters at an election called for the purpose for their ratification or rejection.
4. Initiative process whereby the registered voters directly propose, enact, or amend laws,
national, or local, through an election called for the purpose.
5. Recall method by which a public officer maybe removed from office during his tenure or
before the expiration of his term by a vote of the people after registration of a petition
signed a required percentage of qualified voters.
Absentee voting (ra 9189) p. 886
Qualifications (p 551)
Disqualifications (p 562, 588)
BP 881 OMNIBUS ELECTION CODE
Section 117. Qualifications of a voter. - Every citizen of the Philippines, not otherwise disqualified
by law, eighteen years of age or over, who shall have resided in the Philippines for one year and
in the city or municipality wherein he proposes to vote for at least six months immediately
preceding the election, may be registered as a voter.
Any person who transfers residence to another city, municipality or country solely by reason of his
occupation; profession; employment in private or public service; educational activities; work in
military or naval reservations; service in the army, navy or air force; the constabulary or national
police force; or confinement or detention in government institutions in accordance with law, shall
be deemed not to have lost his original residence.
Section 118. Disqualifications. - The following shall be disqualified from voting:
(a) Any person who has been sentenced by final judgment to suffer imprisonment for not
less than one year, such disability not having been removed by plenary pardon or granted
amnesty: Provided, however, That any person disqualified to vote under this paragraph
shall automatically reacquire the right to vote upon expiration of five years after service of
sentence.
(b) Any person who has been adjudged by final judgment by competent court or tribunal
of having committed any crime involving disloyalty to the duly constituted government
such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any
crime against national security, unless restored to his full civil and political rights in
accordance with law: Provided, That he shall regain his right to vote automatically upon
expiration of five years after service of sentence.
(c) Insane or incompetent persons as declared by competent authority.

Registration of votes
Akbayan vs COMELEC (p. 532)
Political Party an organized group of persons pursuing the same ideology, political ideas, or
platforms of the govt and includes its branches and subdivision. It may be local, regional or
national registered to the COMELEC. (p 638)
Party-list system a mechanism of proportional representation in the election of representatives
to the House of Representative from national, regional, and sectoral parties, organization and
coalitions registered with COMELEC. (p 641)
Certificate of Candidacy - formal manifestation to the whole world of the candidates political
creed or lack of political creed. Statement of a person seeking to run for public office certifying
that he announces his candidacy for the office mentioned and that he is eligible for the office, the
name of the political party he belongs, if he belongs to any, and his post office address for all
election purposes being as well stated.
(Frivaldo vs Comelec)
Effect of filing

BP 881. Section 66. Candidates holding appointive office or positions. - Any person holding a
public appointive office or position, including active members of the Armed Forces of the

Philippines, and officers and employees in government-owned or controlled corporations, shall be

considered ipso facto resigned from his office upon the filing of his certificate of candidacy.
Death, Disqualification and withdrawal of candidate
Bp 881 Section 77. Candidates in case of death, disqualification or withdrawal of another. - If
after the last day for the filing of certificates of candidacy, an official candidate of a registered or
accredited political party dies, withdraws or is disqualified for any cause, only a person belonging
to, and certified by, the same political party may file a certificate of candidacy to replace the
candidate who died, withdrew or was disqualified. The substitute candidate nominated by the
political party concerned may file his certificate of candidacy for the office affected in accordance
with the preceding sections not later than mid-day of the day of the election. If the death,
withdrawal or disqualification should occur between the day before the election and mid-day of
election day, said certificate may be filed with any board of election inspectors in the political
subdivision where he is a candidate, or, in the case of candidates to be voted for by the entire
electorate of the country, with the Commission