LAWS
ADMINISTRATIVE LAW
A. GENERAL PRINCIPLES
“That branch of modern law under which the executive department of the
government, acting in a quasi-legislative or quasi-judicial capacity, interferes with the
PRIVATE conduct of the individual for the purpose of promoting the well-being of the
community, as under laws regulating public interest, professions, trades and callings,
rates and prices, laws for the protection of public health and safety, and the promotion
of public convenience.” (Dean Roscoe Pound)
**Object and scope of Administrative Law: essentially the regulation of private rights for
public welfare.
Origin: Legislation
Justification: Expediency
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Doctrine of Separation of Powers
1. Address simple details. → All rules of conduct are supposed to be laid down
directly by the LEGISLATURE.
Example: The regulation of common carriers, like buses and passenger jeeps.
Sources
A: Yes.
The voluntary arbitrator, whether acting solely or in a panel, enjoys in law the status of a
quasi-judicial agency but independent of, and apart from the National Labor Relations
Commission since his decisions are not appealable to the latter. The decisions of the
voluntary arbitrator are appealable to the Court of Appeals.
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Creation and Abolition
1. Constitution
If created by STATUTE, the legislature that breathed life into it can amend or
repeal its charter, thereby resulting in its abolition, which is justified if:
a. made in good faith; and
b. not attended by grave abuse of discretion.
3. Authority of Law
Modes of Reorganization:
1. Realignment
2. Consolidation
3. Merging
4. Transferring
5. __________________
PURPOSE:
1. Economy
2. Efficiency
3. Effectiveness
A: GENERAL RULE: No, it cannot. XPN: When the statute expressly provides. An example
is National Printing office. It was created to centralize printing jobs or services in all
government agencies.
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Reasons for creation of administrative agencies:
4. Specialization
B. ADMINISTRATIVE AGENCIES
1. DEFINITION
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It is an organ of the Government other than the Legislative and Judicial Body which
affects the rights and interest of private parties either through adjudication or rule-
making. It refers to either:
Theoretically, the administrative agency is composed of persons who are, at the outset,
or at least eventually, experts in the particular field of specialization under its jurisdiction.
They are “appointed by law and informed by experience.”5
2. KINDS
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3. To perform some business service for the public. E.g. Philippine Postal
Corporation, Philippine National Railways, Metropolitan Waterworks and
Sewerage Authority, Government Telephone System, National Electrification
Administration, National Food Authority, NHA, etc.
5. To regulate private businesses and individuals under the police power. E.g. SEC,
MTRCB, PAGCOR, DDB, etc.
**An administrative agency may fall under more than one type.
Powers of
It is the authority delegated
Quasi-
Administrative
by the law-making body to
Agencies
the administrative body to
legislative
adopt rules and regulations
intended to carry out the
provisions of a law and
judicial
rule of law to the facts
ascertained in the
enforcement of
It is the power to promulgate the rules and regulations which are legally binding and
receive statutory force upon going into effect on the formulation of interpretative
ruling. These are accorded great weight by the courts.
General Rule: It cannot be delegated. It is strictly legislative in nature. But there are
those which can be delegated and cannot be delegated.
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A. Can be delegated:
(1) Whether there must be a law – the discretion to create a law is
exclusive to the legislative department.
(2) Whether a policy or purpose is to be served by law.
(3) Fixing the limits where the law should operate.
B. Cannot be delegated:
(1) Police power.
(2) Discretion on how the law is enforced.
(3) Power to issue rules (and regulations); fix details, and rates and wages.
(a) GENERAL DETAILS – fixed by the LEGISLATIVE
(b) SPECIFIC DETAILS – fixed by the EXECUTIVE by issuing IRRs
(through AAs)
A: It is impractical for the lawmakers to provide general regulations for various and
varying details of management.6
Source: It is derived from the legislature by virtue of a valid delegation, which may be
either expressed or implied. There must not be a total abdication of legislative power to
the delegate. How? The delegation must be circumscribed by legislative restrictions.
Tests of Delegation
In the Philippine setting, these are fused into one. Both tests are intended to prevent a
total transference of legislative authority to the delegate, who is not allowed to step
into the shoes of the legislature and exercise a power essentially legislative.7
1. Completeness Test
o Principle: The law must be complete in all its terms and conditions when it
leaves the legislature so that when it reaches the delegate, it will have
nothing to do but to enforce it.
It must set forth the policy to be executed.
All the terms and definitions must be clear/complete.
No room for assumption/discretion.
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o Among the accepted sufficient standards are: Public Interest, simplicity,
economy, and efficiency, and public welfare.
In case of conflict between a statute and an administrative order, the statute must
prevail.9
These rules and regulations issued by administrative agencies have the force and
effect, or partake of the nature, of a statute. Why? The details and manner of carrying
out statutes created by the legislature are oftentimes left to the administrative agency
entrusted with their enforcement.10
The Auditor General countered that there was no repeal and that only barrios were
barred from being created by the President. Municipalities are exempt from the bar
and that a municipality can be created without creating barrios. Also, he maintains
that through Sec. 68 of the RAC, Congress has delegated such power to create
municipalities to the President.
The Supreme Court ruled that there is an undue delegation of legislative power. This is
because the standard in this case is PUBLIC WELFARE which is too broad. It is too broad
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because police power is not involved. The creation of municipalities is not
administrative but legislative in character.
Edu v. Ericta
Romeo Edu, the Land Transportation Commissioner, questions the Reflector Law or
Administrative Order No. 2 which requires that motor vehicles of whatever style, kind,
make, class, or denomination shall not be registered if not equipped with reflectors.
The Supreme Court ruled that there is no undue delegation of legislative power. There is
a standard which is PUBLIC SAFETY which can be found in the purpose. There is a
sufficient standard because police power is involved.
Calalang v. Williams
Commonwealth Act 548 authorized the Director of Public Works, then in the person of
Vicente Fragante, with the approval of the Secretary of Public Works and
Communications, to promulgate rules and regulations to regulate and control the use
of and traffic on national roads. The National Traffic Commission recommended to the
DPW and to the SPWC that animal-drawn vehicles be prohibited from passing along
busy streets on certain times of the day for a period of one day from the opening of
Colgante Bridge. Maximo Calalang contented that CA 548 is unconstitutional because
it constitutes an undue delegation of power.
The Supreme Court ruled that there is no undue delegation of legislative power. There is
a standard which is PUBLIC CONVENIENCE AND PUBLIC INTEREST. WHEN POLICE POWER
IS INVOLVED, IT IS NOT BROAD.
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Administrative Regulations
Persuasive
Interpretative
Advisory
Supplementary
Regulations
Legislative
Contingency
Regulations
1. Interpretative Rules
- These are those which purport to do no more than interpret the statute being
administered, to say what it means.
2. Legislative Rules
- These are accorded by the courts or by express provision of statute the force
and effect of law immediately upon going into effect.
a. Supplementary Regulations
These are intended to fill in the details of the law and “to make explicit what is
only general.” Its purpose is to enlarge upon a statute, subject only to the
standards fixed therein, to ensure its effective enforcement in accordance with
the legislative will.
An example is the Labor Code merely speaks of a “fee” that a recruiter may
charge in exchange for an offer or promise of employment. In the implementing
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regulation of the DOLE, the term “fee” includes the costs of medical and
psychological examination, inoculation certificate, passport, placement fees,
and the like.
b. Contingency Regulations
These are issued upon the happening of a certain contingency. These are
enacted to avoid any future contingencies. Administrative agencies are allowed
to ascertain the existence of particular contingencies and on the basis thereof
enforce or suspend the operation of law.
Cruz v. Youngberg
There was a law prohibiting the importation of cattle, which had caused a
rinderpest epidemic (mad cow disease). But that law authorizes the Governor-
General to lift the ban if he should determine after a fact-finding investigation
that there was no longer any threat of contagion from cattle.
So, the Governor-General lifted the ban. The Supreme Court ruled that it is VALID.
The lifting of the ban would have been effected through a contingent regulation
based on the prescribed contingency which is the finding that the foreign cattle
would no longer contaminate local livestock.
Authority to promulgate the regulation is usually conferred by the charter itself of the
administrative body or by the law it is supposed to enforce.
During the period from December 28, 1962 to July 30, 1963, Tayug Rural Bank, Inc.
obtained13 loans from the Central Bank of the Philippines. On December 23, 1964,
the Central Bank issued Memorandum Circular No. DLC-8, informing all rural banks
that an additional penalty interest rate of 10% per annum would be assessed on all
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outstanding loans beginning January 4, 1965. It was actually enforced on all rural
banks on July 4, 1965. The Central Bank justified the imposition of the penalty by
stating that it was legally imposed under the provisions of Section 147 and 148 of the
Rules and Regulations Governing Rural Banks.
The Supreme Court ruled that the Central Bank cannot impose the additional
penalty interest rate of 10% because nowhere in the law it is provided that the
monetary Board is authorized to mete out on rural banks an additional penalty rate
on their past due accounts with the Central Bank.
Bautista v. Juinio
Letter of Instruction No. 869 was issued, banning the use of extra-heavy and heavy
vehicles on weekends and holidays due to the protracted oil crisis in 1974. The LOI
imposes a penalty of only a fine and suspension of registration. Subsequently,
Alfredo Juinio, then Minster of Public Works, Transportation, and Communications
issued Memorandum Circular No. 39 which imposes the penalty of impounding the
offending vehicles.
The Supreme Court ruled that such penalty is ultra vires or not within the scope of the
statute. Only a fine and suspension of registration of the offending vehicles are
allowed, not impoundment.
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in harmony with the law it seeks to apply and implement. Administrative rules and
regulations are intended to carry out, neither to supplant nor to modify, the law.
B. It must be reasonable.
If shown to bear no reasonable relation to the purposes for which they are
authorized to be issued, then they must be held to be invalid.
Lupangco v. CA
The Professional Regulation Commission issued Resolution No. 105, prohibiting the
examinees of the accountancy board exam from attending review classes,
receiving handout materials, tips, or the like three days before the date of
examination. Such resolution was enacted to prevent or minimize leakages in the
board exam. Reviewees preparing to take the licensure examinations in
accountancy complained that the resolution was unconstitutional.
The Supreme Court ruled that the resolution is indeed unconstitutional. It is an axiom
in administrative law that administrative authorities should not act arbitrarily and
capriciously in the issuance of rules and regulations. To be valid, such rules and
regulations must be reasonable and fairly adapted to the end in view. If shown to
bear no reasonable relation to the purposes for which they are authorized to be
issued, then they must be held to be invalid. Resolution No. 105 is not only
unreasonable and arbitrary, it also infringes on the examinees' right to liberty
guaranteed by the Constitution. Respondent PRC has no authority to dictate on the
reviewees as to how they should prepare themselves for the licensure examinations.
They cannot be restrained from taking all the lawful steps needed to assure the
fulfillment of their ambition to become public accountants.
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6 years is a reasonable standard. These are dilapidated and no longer fit for public
transportation.
XPN: Where the legislature itself requires it and mandates that the regulation shall be
based on certain facts as determined at an appropriate investigation.
Publication must be in full or it is no publication at all since its purpose is to inform the
public of the contents of the law.
Tañada v. Tuvera
All statutes, including those of local application and private laws (and presidential
decrees and executive orders), shall be published as a condition for their effectivity,
which shall begin fifteen days after publication unless a different effectivity date is
fixed by the legislature.
The Supreme Court ruled that QPL must be acquitted because he violated an
inexistent law. Circulars and regulations which prescribes a penalty for its violation
should be published before becoming effective because the public is bound by
their contents.
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questioned the circular, it not being published. → Internal rules are merely
DIRECTIVE.
The Supreme Court ruled that the circular need not be published because it is an
interpretative rule. Interpretative rules and those merely internal in nature need not
be published because it is not applicable to the public Interest.
A: Yes.
A: Yes.
The power to define and punish crime is exclusively legislative and MAY NOT be
delegated to the administrative authorities.
While administrative regulations may have the force and effect of law, their violation
cannot give rise to criminal prosecution unless the legislature makes such violation
punishable and imposes the corresponding sanctions.
People v. Santos
Santos was convicted for violating an administrative regulation, Act. No. 4003,
prohibiting and punishing fishing within three kilometers from the shoreline without
permission from the Secretary of Agriculture.
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The Supreme Court held that Santos must be acquitted because the penalty
imposed is not included in the original law. The penalty must not exceed the penalty
imposed by the first statute.
Pesigan v. Angeles
Executive Order No. 626-A prohibits the transporting of carabaos from one province
to another. The EO was published in the Official Gazette on June 14, 1982, but
Pesigan’s carabaos were confiscated for violating the EO on April 2, 1982.
The Supreme Court ruled that the EO should not have been enforced against
Pesigan on April 2, 1982 because the EO was published only two months later.
Rate-Fixing Power
RATE: means any charge to the public for a service open to all and upon the same
terms, including individual or joint rates, tolls, classifications, or schedules thereof, as well
as commutation, mileage, kilometerage and other special rates which shall be
imposed by law or regulation to be observed and followed by any person.
A: It depends whether the rate is promulgated by the administrative agency in its quasi-
judicial capacity or quasi-legislative capacity.
A: If the rule applies to ALL ENTERPRISES, then it is in the administrative agency’s quasi-
legislative capacity. If the rule applies to a SPECIFIC NAME, PERSON, OR ENTITY, then it is
in the administrative agency’s quasi-judicial capacity.
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Vigan Electric Light Company, Inc. v. Public Service Commission
The Public Service Commission ordered the reduction of rates of Vigan Electric Light Co.
Inc. because the latter made a net operating profit in excess of the allowable return of
12% on its invested capital. VELCO contended that the reduction of rates is
unconstitutional because it has been ordered without notice and hearing, thus issued
without due process of law.
The Supreme Court said that PSC issued the order in its quasi-judicial power, thus notice
and hearing is required. In this case, such order was being applied to VELCO only and
not on all enterprises, thus PSC was applying the rule in its quasi-judicial capacity.
A: No. Temporary or provisional rates need not prior notice and hearing, but is subject
to final disposition after hearing.
Upon the outbreak of the Persian Gulf conflict on August 1990, some oil companies filed
with the ERB their respective applications on oil price increases. ERB then issued an
order granting a provisional increase of P1.42 per liter. Maceda contends that the
increase is unconstitutional.
The Supreme Court ruled that there must notice and hearing of the provisional increase
of petroleum before it may become valid. Otherwise, it would violate due process.
PHILCOMSAT v. Alcuaz
Commissioner Jose Luiz Alcuaz of the National Telecommunications Commission
reduced the charging rates of telecommunications services by 15% due to Executive
Order 546 which granted the NTC the power to fix rates. Such order was issued without
prior notice and hearing.
The Supreme Court held that there is no undue delegation of legislative power. The
power of the NTC to fix rates is limited by the requirements of public safety, public
interest, reasonable feasibility and reasonable rates, which conjointly more than satisfy
the requirements of a valid delegation of legislative power. Fundamental is the rule that
delegation of legislative power may be sustained only upon the ground that some
standard for its exercise is provided and that the legislature in making the delegation
has prescribed the manner of the exercise of the delegated power.
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SUBDELEGATION:
GENERAL RULE: It is not allowed. You cannot delegate further what has been
delegated to you.
XPN: If what has been delegated is purely ministrant, then subdelegation can be
justified.
2. Quasi-judicial Powers
It is the power to hear and determine certain facts and decide on the application
of rule of law to the facts ascertained in the enforcement of administration of law.
1. Power to try, determine, hear case 1. This also applies to administrative agencies
at law and equity brought before but with the qualification that this is being
the courts. done in the enforcement in the
administration of law.
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QUASI-JUDICIAL v. QUASI-LEGISLATIVE
APPLICATION OF
Applies to quasi-judicial Not applicable to quasi-
EXHAUSTION OF
determination of administrative legislative determination of
ADMINISTRATIVE
agencies. administrative agencies.
REMEDIES
Powers of Administrative
Dispensing
Enabling Power
Powers
Quasi-judicial
Agencies
Powers
Directing Power Summary Powers
Quasi-legislative
Powers
Examining
Powers
1. Enabling Power – Permits the doing of an act to which the law requires, regulates
and which would be unlawful if not with the government permission.
2. Directing Power – Orders the doing or performance of a particular act to ensure the
compliance with the law and often exercised for corrective purposes.
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a. Dispensing Powers – Allows the administrative officer to relax the general
operation of a law or exempt from the performance of a general duty.
Q: WHAT ARE THE TWO (2) CONDITIONS/REQUISITES FOR THE PROPER EXERCISE OF QUASI-
JUDICIAL POWER?
DUE PROCESS – The right to due process is not a statutory right. It is a constitutional right.
It is observed not only in judicial proceedings but also in administrative proceedings.
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Q: MAY THE ADMINISTRATIVE AGENCIES CREATE THEIR OTHER OWN RULES OF
PROCEDURE?
A: Yes. The administrative agencies enjoy the power to prescribe their own rule of
procedure.
In fact under article 8 section 5, it states that “rules of procedure of quasi-judicial bodies
remain effective until disapproved by the courts.
NOTE: There are no uniform rules by the administrative agencies exercising quasi-judicial
power. Unlike the regular court which follows the rules of court. Each administrative
agency has its own jurisdiction depending on the statute creating it.
A: The notice must be sufficient as to the contents to let the party prepare his defense
or address the issues.
HEARING – Hearing must be full and fair which includes the right to present and submit
evidence to know the claims of opposing party and to meet them.
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Q: What are the cardinal rules to comply with due process in administrative
proceedings?
A: In Tibay v. CIR:
1. Right to a hearing
2. Tribunal must consider the evidence presented
3. Decision must have something to support itself
4. Evidence must be substantial
5. Decision must be based on evidence presented at the hearing
6. Tribunal must act on its own independent consideration of the law and facts of
the controversy
7. Board must render its decision in such a manner that the parties are a
proceeding can know the various issues involved and the decision rendered.
But, these seven cardinal rules were held in Air Manila v. Balagbag to be repetitive.
Thus, they were simplified to four:
1. Right to notice
2. Right to the opportunity to appear and defend his rights to introduce evidence
relevant to his favor
REASON: Such inquiries are conducted merely to determine whether there are facts
that merit disciplinary action of erring public officials or employees for the purpose of
maintaining the dignity of the government service.
1. The authority of the higher administrative office to reverse the decision must be
exercised sparingly.
4. The reviewing officer must be other than the officer whose decision is being
reviewed.
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Q: IS APPEAL TO THE OFFICE OF THE PRESIDENT MANDATORY?
A: It is well settled in our jurisdiction that quasi-judicial acts have upon finality has the
force and binding effect of final judgment. This grounded on the fundamental
principle of public policy, the awards of quasi-judicial agency must become final at
some definite date fixed by law.
Where there is competence or jurisdiction vested upon administrative body to act upon
a matter, no resort to courts may be made before such administrative body shall have
acted upon the matter.
EXCEPTIONS TO EAR:
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3. DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION
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ELECTION LAW
A. SUFFRAGE (ELECTION)
Q: What is ELECTION?
A: To give the voters a direct participation in the affairs of the pubic officials or in
deciding some questions of public interest.
4. Who shall have resided in the 4. Who are residents in the Philippines
Philippines for at least 1 year and in for at least one year and in the
the place wherein they propose to place where they propose to vote
vote for at least 6 months for at least 6 months immediately
immediately preceding the preceding the election.
election.
Any person, who, on the day of registration may not have reached the required age or
period of residence but who, on the day of the election shall possess such
qualifications, may register as a voter.
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Residence v. Domicile
RESIDENCE DOMICILE
Pertains to the place where a man Connotes a fixed permanent residence
resides but does not necessarily to which when absent for business or
connote the idea or intention of pleasure or for like reasons, one intends
permanently remaining there. to return.
A: Illiterate or disabled voters are those who cannot by himself prepare an application
for registration because of his physical disability and or inability to read and write.
1. Any person who has been sentenced by final judgment to suffer imprisonment of
not less than 1 year, such disability not having been removed by plenary pardon
or amnesty: provided further, however that any person disqualified to vote under
this paragraph shall automatically reacquire the right to vote upon expiration of
5 years after service of sentence;
2. Any person who has been adjudged by final judgment by a competent court or
tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the firearms laws
or nay crime against national security, unless restored to his full civil and political
rights in accordance with law: Provided further that he shall automatically
reacquire the right to vote upon expiration of 5 years after service of sentence;
and
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Q: What are the grounds for deactivation of registration (inactive file)?
1. Any person who did not vote in the 2 successive preceding regular elections;
2. Any person whose registration has been ordered excluded by the court;
3. Any person who has lost his Filipino Citizenship; or
4. Any of the 3 grounds for disqualification to vote.
A: Reactivation of Registration
Any voter whose registration has been deactivated pursuant to the preceding
section may file with the Election Officer a sworn application for reactivation of his
registration but not later than 120 days before regular election and 90 days before a
special election.
Q: How about if you are excluded through inadvertence or registered with an erroneous
misspelled name?
A: File with the Election Registration Board for reinstatement or correction of name.
Q: How about if your application was denied or has not been acted upon?
A: You may file on any date with the proper MTC a petition for an order directing his
name be entered or corrected in the list.
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Q: Is registration a qualification?
A: No. It is but a condition precedent to the exercise of the right to vote. Registration is
a regulation and not a qualification (Asistio v. Aguirre, April 2010).
A: Any person who being a registered voter, registers again without filing an application
for cancellation of his previous registration.
D. CANDIDACY
QUALIFICATIONS OF CANDIDATES
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GOVERNOR VICE-GOVERNOR SANGGUNIANG
PANLALAWIGAN
CITIZENSHIP Citizen of the Citizen of the Citizen of the
Philippines Philippines Philippines
REGISTERED Yes Yes Yes
VOTER
LITERACY Read and write Filipino Read and write Read and Write
or any other local Filipino or any other Filipino or any other
language or dialect local language or local language or
dialect
dialect
AGE 21 years of age on 21 years old on 21 years of age on
election day election day election day
RESIDENCY 1 year immediately 1 year immediately 1 year immediately
preceding the day of preceding the day preceding the day of
election of election election
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SANGGUNIANG SANGGUNIANG PUNONG BARANGAY
PANGLUNGSOD (HUC) PANGLUNGSOD
(ICC/CC) OR
SANGGUNIANG
BAYAN
CITIZENSHIP Citizen of the Citizen of the Citizen of the
Philippines Philippines Philippines
REGISTERED Yes Yes Yes
VOTER
LITERACY Read and write Read and write Read and Write
Filipino or any other Filipino or any other Filipino or any other
local language or local language or local language or
dialect dialect
dialect
AGE 18 years of age on 18 years old on 18 years of age on
election day election day election day
RESIDENCY 1 year immediately 1 year immediately 1 year immediately
preceding the day of preceding the day of preceding the day of
election election election
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A. Candidacy
1. Qualifications of Candidates
2. Filing of Certificates of Candidacy
Q: What is a COC?
A: No.
Consequences:
1. Not anymore liable
2. Sec. 80 of OEC
3. Sec. 66 of OEC
Grounds for Substitution → after the last day for filing a COC
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4. Dies
5. Withdraws
6. Disqualified
Q: If election offenses are committed during the election after the filing of the COC, but
the candidate is still qualified.
NUISANCE CANDIDATES
1. Those whose COCs has been filed to put the election process in mockery or
disrepute;
2. Those who intend to cause confusion among the voters by the similarity of the
names of the registered candidates; and
3. Those who have no bonafide intention to run for office.
Q: When?
A: The petition must be filed within 5 days from the last day of the period for filing the
COC.
e.g. Nasa Boracay ka, pwede ba na registered mail mo na lang niya i-file yung
petition to declare as nuisance candidate yung ibang mga kalaban mo? No,
because filing by mail is not allowed.
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A: The votes for the nuisance candidate would be considered as stray votes because
the COC is considered cancelled as of election day. It is as if the person has never
been a candidate.
SITCH: A ran for mayor of Baguio City. He said he was a Filipino citizen but he is really an
Australian citizen. How will you question it?
1. BEFORE ELECTION
File a verified petition seeking to deny due course or to cancel a COC on the
ground that there is any material misrepresentation of the data which is false.
A: Not later than 25 days from the time of the filing of the COC, but within 5 days
from the deadline/day of filing of the COC.
This means that you can file a verified petition to deny or cancel A’s COC until
April 15, 2018 because the filing of a verified petition must be within 5 days from
the deadline of filing a COC. (Even if the 25th day from the filing of the COC falls
on April 20, 2018)
2. AFTER ELECTION
EFFECT OF DISQUALIFICATION
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CAMPAIGN
A: No.
1. Force majeure;
2. Violence;
3. Terrorism;
4. Fraud; and
5. Other analogous causes.
**But in order that there would be a failure of election, these 3 instances must be
caused by any of the 5 causes of failure of election.
**Granting that there is failure of election, after 30 days after the cessation of any of the
5 causes of failure of election, the COMELEC may call for an election.
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BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS
1 Punong
Barangay
Barangay
7
Sangguaniang
Barangay
Qualifications:
1
Chairperson
Sangguniang
Barangay
7 Council
Members
Qualifications:
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Province → File it with the provincial election officer of the province.
A: The COC will be considered as not filed if it is filed with the wrong person.
- If you campaign outside the designated period, then you are committing an
election offense.
Campaign Paraphernalia:
Budget? For every registered voter: 5 Pesos (fixed) for every registered voter.
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6. Tabloid → must not exceed ½ page
**Dapat may nakasulat na the voters are encouraged to recycle the election
campaign material.
A: No. You have 3 days to remove it if you posted it out of the designated poster area.
A: You have 3 days from the time it was reported to remove it.
Term of Office: It is a fixed term of 3 years which will take effect at noon of June 30 next
following their election.
A: Same rule with the Kapitan. The No. 1 Council Member will be the new SK Chairman.
A: There will be a special election held for that vacancy within 30 days from the time
the position became vacant.
HOLD-OVER PRINCIPLE: The incumbent officials will continue to hold office beyond the 3
year fixed term until their successors will be elected. They exercise their functions in a
hold-over capacity until the next election.
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Q: Is the ban on spending/ban in government budgets applicable in Barangay and SK
Elections?
A: Yes, but it is applicable only to projects funded by the Barangay. The period of the
ban is within 10 days immediately preceding the day of the election.
A: Yes, but it is applicable only to Barangay positions. The period of the prohibition is
within 10 days immediately preceding the day of the election.
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