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ADMINISTRATIVE LAW AND ELECTION

LAWS

ADMINISTRATIVE LAW

A. GENERAL PRINCIPLES

Q: What is Administrative Law?

“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.

Q: Why is it considered as modern law?

A: It is considered as modern law because it addresses modern problems. It is a


consequence of the ever-increasing complexities of society and the proliferation of
problems of government that cannot readily or effectively be addressed by the
traditional public agencies or solved by the other disciplines of public law.

Q: What are these modern problems/complexities?

A: These modern problems/complexities are Globalization, Population Explosion,


Modernization, and Socialization.

Origin and Development

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.

2. Courts to resolve factual issues. → The application of interpretation directly by


the JUDICIARY.

3. Executive departments to enact laws. → Such rules of conduct are subject to


direct enforcement by the EXECUTIVE DEPARTMENT.

Q: So how do we solve these problems?

A: The three branches delegated their powers.

By DELEGATION, the legislature is able to relieve itself of the responsibility to legislate


directly on relatively minor matters and of attending as well to the adjudication of
essentially factual questions that more properly pertain to the executive authority. In this
manner, the legislature can concentrate on matters of national or greater importance.

Example: The regulation of common carriers, like buses and passenger jeeps.

Sources

1. Constitutional or statutory enactments creating administrative bodies.

2. Decisions of courts interpreting the charters of administrative bodies, and


defining their powers, rights, inhibitions, among others, and the effects of their
determinations and regulations.

3. Rules and regulations issued by the administrative bodies in pursuance of the


purposes for which they are created.

4. Determinations and orders of the administrative bodies in the settlement of


controversies arising in their respective fields.

Q: Does quasi-judicial power (adjudicatory power) cover officers?

A: Yes.

Luzon Development Bank v. Association of Luzon Development Bank Employees

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 the CONSTITUTION itself, the administrative body can be altered or


abolished only by CONSTITUTIONAL AMENDMENT. → Examples are the Civil
Service Commission, Commission on Elections, and the Commission on Audit.

2. Statute (Legislative Enactment)

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

If created by the authority of law, it may be reorganized pursuant to said law


providing for its establishment or another law authorizing said reorganization. So
long as said reorganization would not involve an abolition or transfer of offices
and is carried out in good faith by the person, usually the President, authorized to
effect the same, the validity of the same would be upheld.

Modes of Reorganization:
1. Realignment
2. Consolidation
3. Merging
4. Transferring
5. __________________

PURPOSE:
1. Economy
2. Efficiency
3. Effectiveness

Q: Can reorganization create a new administrative agency?

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:

1. Unclogging the courts’ dockets.


2. Meet the growing complexities of the modern world.
3. Help in the regulation of ramifying the activities of a developing country.
4. Specialization

1. Unclogging the courts’ dockets.

To relieve court of the burden of resolving all controversies, specialized agencies


have been created to hear and decide particular disputes.

2. Meet the growing complexities of the modern world.

As problems of modern society multiply, which can hardly be met by the


legislature, administrative agencies are established to promptly cope with such
problems.

3. Help in the regulation of ramifying the activities of a developing country.

4. Specialization

As they have the experience, expertise, and power of to provide solutions


thereto.

B. ADMINISTRATIVE AGENCIES

1. DEFINITION

What is an Administrative Agency?

An administrative agency is a body endowed with quasi-legislative and quasi-judicial


powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or
execution.1

Administrative agency is generally an agency exercising some significant combination


of executive, legislative, and judicial powers. It is a government body charged with
administering and implementing particular legislation.

1 Carlo L. Cruz. Philippine Administrative Law. 2007.

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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:

1. Functional unit of Government (department or bureau)


2. Institution or occupied by individual person, whose functions are define by law or
regulation.

AGENCY – Any department, bureau, office, commission, authority or officer of the


National Government authorized by law or executive order to make rules, issue licenses,
grant rights or privileges, and adjudicate cases; research institutions with respect to
licensing functions; government corporations with respect to functions regulating
private right, privileges, occupation or business; and officials in the exercise of
disciplinary power as provided by law.2

An administrative agency pertains to the executive department because its principal


function is the implementation of the law in accordance with the policies and
instructions laid down by the legislature.

Administrative bodies endowed with quasi-judicial prerogatives are essentially


executive agencies, and are not to be considered as courts, or do not form part of the
judiciary.3 E.g. the Court of Tax Appeals is part of the judicial system.”4 Thus, it is not an
administrative agency.

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

DOCTRINE OF QUALIFIED POLITICAL AGENCY – the power of the President to reorganize


the National Government may validly be delegated to his cabinet members exercising
control over a particular executive department.

2. KINDS

1. To offer some gratuity, grant, or special privileges. E.g. Philippine Veterans


Administration, GSIS, SSS, Public Attorney’s Office, Philippine Medical Care
Association.

2. To carry on certain functions in the government. E.g. BIR, Bureau of Customs,


Bureau of Immigration, LRA, and most administrative agencies.

2 Executive Order Nol. 292, Book VII, Chapter 1, Sec. 2 (1).


3 Carlo L. Cruz. Philippine Administrative Law. 2007.
4 Commissioner of Internal Revenue v. General Foods (Phils.), 401 SCRA 545.
5 Humphrey v. US. 295 US 602.

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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.

4. To regulate businesses affected with public interest. E.g. Insurance Commission,


LTFRB, Energy Regulation Board, NTC, HLURB.

5. To regulate private businesses and individuals under the police power. E.g. SEC,
MTRCB, PAGCOR, DDB, etc.

6. To adjust individual controversies because of some strong social policy involved.


E.g. NLRC, SEC, DAR, COA, etc.

**An administrative agency may fall under more than one type.

C. POWERS OF ADMINISTRATIVE AGENCIES

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

Powers implement legislative policy.

It is the power to hear and


Quasi- determine certain facts and
decide on the application of

judicial
rule of law to the facts
ascertained in the
enforcement of

Powers administration of law.

1. Quasi-legislative Powers (Rule-making Power)

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)

Q: Why are Administrative Agencies given quasi-legislative powers?

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.

2. Sufficient Standard Test


o Principle: The law must offer a sufficient standard to specify the limits of
the delegate’s authority, announce the legislative policy, and specify the
conditions under which it is to be implemented.

6 Philippine National Oil Company v. Court of Appeals. 457 SCRA 32.


7 Abakada Guro Party List v. Ermita, 469 SCRA 1.

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o Among the accepted sufficient standards are: Public Interest, simplicity,
economy, and efficiency, and public welfare.

United States v. Ang Tang Ho


The law must be complete in all its terms and provisions when it leaves the legislative
branch of the government and nothing must be left to the judgment of the electors or
other appointee or delegate of the legislature, so that, in form and substance, it is a law
in all its details in presenti, but which may be left to take effect in future, if necessary,
upon the ascertainment of any prescribed fact or event.

It is required that the regulation created by administrative bodies be germane to the


objects and purposes of the law, and be not in contradiction to, but in conformity with,
the standards prescribed by law. They must conform to and be consistent with the
provisions of the enabling statute in order for such rule or regulation to be valid.8

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

Pelaez v. Auditor General

In 1964, President Ferdinand Marcos issued EOs creating 33 municipalities pursuant to


Section 68 of the Revised Administrative Code. The then Vice President, Emmanuel
Pelaez, filed a special civil action to prohibit the auditor general from disbursing funds to
be appropriated for the said municipalities. Pelaez claims that the EOs were
unconstitutional. Pelaez contended that Section 68 of the RAC had been impliedly
repealed by Section 3 of RA 2370 which provides that barrios may “not be created or
their boundaries altered nor their names changed” except by Act of Congress.

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

8 Commissioner of Internal Revenue v. Court of Appeals. 261 SCRA 236.


9 Commissioner of Internal Revenue v. Court of Appeals. 261 SCRA 236.
10 Commissioner of Internal Revenue v. Solidbank Corporation, 416 SCRA 436, citing VIctorias

Milling Co., Inc. v. Social Security Commission, 4 SCRA 627.

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because police power is not involved. The creation of municipalities is not
administrative but legislative in character.

Delegation is valid only if the law:

a. is complete in itself, setting forth therein the policy to be executed, carried


out, or implemented by the delegate; and

b. fixes a standard – the limits of which are sufficiently determinate or


determinable – to which the delegate must conform in the performance of
his functions.

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.

Kinds of Administrative Regulations

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Administrative Regulations
Persuasive
Interpretative
Advisory

Supplementary
Regulations
Legislative
Contingency
Regulations

Administrative regulations and policies enacted by administrative bodies to interpret


the law which they are entrusted to enforce have the force and effect of law, and are
entitled to great respect, and have in their favor a presumption of legality.

1. Interpretative Rules

- These are those which purport to do no more than interpret the statute being
administered, to say what it means.

- In such instances, the administrative agency is merely anticipating what


ultimately must be done by the courts; they are performing a JUDICIAL
FUNCTION rather than a legislative function, and interpretative regulations have
validity in judicial proceedings only to the extent that they correctly construe the
statute and then, strictly speaking, it is the statute and not the regulation to
which the individual must conform.

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.

- In such instances, the administrative agency is acting in a LEGISLATIVE CAPACITY,


supplementing the statute, filling in the details, or “making the law,” and usually
acting pursuant to a specific delegation of legislative power.

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.

Requisites for validity of the rules:

Requisites for validity of the rules:

1. Its promulgation must be authorized by the legislature.


2. It must be reasonable.
3. It must be promulgated in accordance with the proper procedure.
4. It must be within the scope of the authority given by the legislature.

A. Its promulgation must be authorized by the legislature.

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.

Tayug Rural Bank v. Central Bank

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.

An administrative agency cannot impose a penalty not so provided in the law


authorizing the promulgation of the rules and regulations, much less one that is
applied retroactively.

When Congress authorizes promulgation of administrative rules and regulations to


implement given legislation, all that is required is that the regulation be not in
contravention with it, but conform to the standards that the law prescribes.

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.

Echagaray v. Secretary of Justice, GR No. 132601


Article 83 of the RPC, as amended by Section 25 of Republic Act No. 7659, suspends
the implementation of the death penalty while a woman is pregnant or within 1 year
after delivery. However, Section 17 of the implementing rules omits the 1 year period
following delivery as an instance when the death sentence is suspended, and adds
a ground for suspension of sentence no longer found under the RPC, which is the
three-year reprieve after a woman is sentenced. According to Echagaray, this is
tantamount to a gender-based discrimination without statutory basis, while the
omission is an impermissible contravention of the applicable law.

The Supreme Court ruled that Section 17 is unconstitutional since it is an invalid


exercise of the power to legislate by the Secretary of Justice. Being merely an
implementing rule, Section 17 must not override, but instead remain consistent and

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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.

An administrative agency cannot amend an act of Congress. In case of


discrepancy between a provision of statute and a rule or regulation issued to
implement said statute, the statutory provision prevails. Since the cited clause in
Section 17 which suspends the execution of a woman within the 3 years next
following the date of sentence finds no support in the RPC, perforce Section 17 must
be declared invalid.

B. It must be reasonable.

Administrative regulations must be supported by good reason or must not be


arbitrary as to violate due process. Administrative authorities should not act
arbitrarily and capriciously in the issuance of rules and regulations.

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.

Taxicab Operators of Metro Manila v. Bureau of Transportation


The taxicab operators assailed a regulation phasing out taxicabs more than 6 years
old as an invalid exercise of the police power. The Supreme Court ruled that the
regulation is reasonable, holding that its purpose was to promote the convenience
and comfort and protect the safety of the passengers.

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6 years is a reasonable standard. These are dilapidated and no longer fit for public
transportation.

C. It must be promulgated in accordance with the proper procedure.

General Rule: The promulgation of administrative regulations of general application


DOES NOT REQUIRE PREVIOUS NOTICE AND HEARING.

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.

Publication of administrative regulation is required only if it is of general application


and penal in nature.

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.

Interpretative regulations (and letters of instructions) and those merely internal in


nature, that is, regulating only the personnel of the administrative agency and not
the public, need not be published.

People v. Que Po Lay


Que Po Lay was convicted for violation of Circular No. 20 of the Central Bank, or
possession of USD. QPL avers that he cannot be convicted of a law that does not
exist, the law not being published.

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.

National Power Corporation v. Pinatubo Commercial


Pinatubo Commercial applied as a bidder for the public sale of the scrap ACSR
cables of the NPC, but PC’s application was denied due to the NPC Circular No. 99-
75 requiring that the bidders must be directly using aluminum as raw material in
producing finished products either purely or partly out of aluminum. This means that
bidders must be manufacturers. PC is a mere trader not a manufacturer, so PC

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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.

Q: Are interpretative rules required that it must be published?

A: Yes.

XPN: When the legislature fixes a different date of effectivity.

Regulations with penalties.

Q: Do regulations with penalties need to be published?

A: Yes.

Requisites to be a valid penal regulation:

1. The law itself must make the administrative rule or regulation.


2. The law itself must impose the penalty.
3. The regulation with a penal sanction must be published.

A. The law itself must make the administrative rule or regulation.

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.

B. The law itself must impose the penalty.

THE ADMINISTRATIVE AUTHORITIES THEMSELVES CANNOT PRESCRIBE SUCH PENALTIES.

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.

C. The regulation with a penal sanction must be published.

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

- This is the power to fix prices and wages.


- The fixing of rates is essentially a legislative power.
- The President has the power to fix rates. He can also delegate such 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.

Q: Is notice and hearing required in rate-fixing?

A: It depends whether the rate is promulgated by the administrative agency in its quasi-
judicial capacity or quasi-legislative capacity.

If a rate is determined by an administrative agency in its QUASI-LEGISLATIVE CAPACITY,


notice and hearing is NOT REQUIRED. In contrast, if a rate is determined by an
administrative agency in its QUASI-JUDICIAL CAPACITY, notice and hearing IS
REQUIRED.

Q: How do we determine if the rule or regulation is enacted in the quasi-legislative or


quasi-judicial 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.

Q: Is notice and hearing required in temporary rates (or provisional rates)?

A: No. Temporary or provisional rates need not prior notice and hearing, but is subject
to final disposition after hearing.

Maceda v. Energy Regulation Board

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.

JUDICIAL POWER QUASI-JUDICIAL POWER

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.

2. If the duty is primarily to decide 2. If the function is primarily administrative


questions of legal rights and not and the power to hear and determine
merely incidental to some controversies is granted as an incident to
administrative function. an administrative duty.

3. If the expertise is the determination 3. If it is limited by the expertise to the


of legal question. ascertainment of decisive facts.

Page 18 of 38
QUASI-JUDICIAL v. QUASI-LEGISLATIVE

QUASI-JUDICIAL POWER QUASI-LEGISLATIVE POWER

It investigates, declares and


Prospective as to looks to the
FUTURITY enforces liabilities based on
future.
present and past facts.

Applied to unnamed parties


GENERARLITY or Applies to a named and
and situations or general
PARTICULARITY specified parties or situation.
applicability.

IN DETERMINATION OF Reviewable before the Reviewable before the RTC or


APPROPRIATE REMEDY Appellate Courts. Courts of General Jurisdiction.

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.

Page 19 of 38
a. Dispensing Powers – Allows the administrative officer to relax the general
operation of a law or exempt from the performance of a general duty.

b. Summary Powers – Involves the use by administrative authorities of force


upon person or things without necessity of judicial warrant.

c. Examining Powers (Investigatory/Inquisitorial Powers) – Enables the


administrative body to inspect records or premises or investigates the
activities of persons or entities within their jurisdiction.

Q: WHAT ARE THE TWO (2) CONDITIONS/REQUISITES FOR THE PROPER EXERCISE OF QUASI-
JUDICIAL POWER?

A: Jurisdiction and Due Process.

*Jurisdiction – It is the power or capacity conferred by the constitution or law to a court


or tribunal to entertain, hear, determine certain controversies and render judgment
thereon.

Q: May administrative agencies enlarge their jurisdiction?


A: No.

Q: May jurisdiction by the administrative agencies be enlarged by contract,


agreement, consent or waiver by the parties?
A: No.

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.

Q: WHAT IS THE REASON FOR THE REQUIREMENT OF DUE PROCESS?


A: No person shall be deprived of life, liberty, or property without due process of law.
Neither shall any person be deprived of the equal protection of the laws.

Q: WHAT IS THE ESSENCE OF DUE PROCESS IN ADMINISTRATIVE PROCEEDINGS?


A: The essence of due process is so that fairness and equality under the law may be
observed.

Q: WHEN WE SAY “OPPORTUNITY TO BE HEARD”, IS ACTUAL HEARING MANDATORY?


A: No. It is enough that you have been given an opportunity to be heard by filing
affidavits or your answers.

Page 20 of 38
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.

NOTICE AND HEARING

NOTICE – Party to a quasi-judicial proceeding is entitled to notice.

Q: WHAT SHOULD THE NOTICE CONTAIN?

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.

Q: IS A TRIAL TYPE HEARING REQUIRED BEFORE THE ADMINISTRATIVE BODIES?

A: General Rule: Decision is rendered based on position papers, affidavits and


admissions.

Exemption: If there are issues of facts which cannot be decided by affidavits,


admissions and position papers, then trial type hearing is required.

Q: IS NOTICE AND HEARING ALWAYS REQUIRED?

A: General Rule: Yes

Exemption: if it is justified by urgency of immediate action or police power because due


process is subordinate to police power. Example: mad dog and closure of filthy
theaters.

Page 21 of 38
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

3. Right to a tribunal to give impartiality and competent jurisdiction

4. Right to a decision supported by substantial evidence presented at the hearing.

COMMON QUESTION: WHAT IS THE RULE REGARDING “THE RIGHT TO COUNSEL” IN


ADMINISTRATIVE PROCEEDINGS?

A: It is not imperative in administrative proceeding.

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.

GUIDELINES ON ADMINISTRATIVE APPEAL

1. The authority of the higher administrative office to reverse the decision must be
exercised sparingly.

2. The review must not be arbitrary.

3. Administrative review is generally a review de novo.

4. The reviewing officer must be other than the officer whose decision is being
reviewed.

5. Final and executory decisions are not subject to review.

Page 22 of 38
Q: IS APPEAL TO THE OFFICE OF THE PRESIDENT MANDATORY?

A: No. It is only jurisdictional.

Q: WHAT IS THE RULE ON RES JUDICATA IN ADMINISTRATIVE PROCEEDINGS?

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.

NOTE: The rule on Res Judicata applies only to quasi-judicial proceedings.

3. JUDICIAL RECOURSE AND REVIEW

1. DOCTRINE OF PRIMARY ADMINISTRATIVE JURISDICTION

Also called the Doctrine of Prior Resort

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.

2. DOCTRINE OF EXHAUSTION OF ADMINISTRATIVE REMEDIES

Whenever there is an available administrative remedy provided by law, no judicial


recourse can be made until such remedies have been available of and exhausted.

EXCEPTIONS TO EAR:

1. When the question is purely legal

2. When the administrative body is in estoppels

3. When the act complained of is patently illegal

4. When there is urgent need for judicial intervention

5. When the claim involved is small

6. When irreparable damage will be suffered

7. When there is no other plain, speedy and adequate remedy

8. When strong public interest is involved

9. When the subject of the controversy is private land

10. In quo warranto proceedings.

Page 23 of 38
3. DOCTRINE OF FINALITY OF ADMINISTRATIVE ACTION

Page 24 of 38
ELECTION LAW

A. SUFFRAGE (ELECTION)

Q: What is ELECTION?

A: Election is the choice or selection of candidates to public office by popular vote


through the use of the ballot, and the elected officials which are determined through
the will of the electorate, the embodiment of the popular will, the expression of the
sovereign will of the people. (Rulloda v. COMELEC, 395 SCRA 535)

Q: What is the purpose of Election Law?

A: To give the voters a direct participation in the affairs of the pubic officials or in
deciding some questions of public interest.

B. QUALIFICATIONS AND DISQUALIFICATIONS OF VOTERS

Q: Who may register to vote?

SECTION 9 OF R.A. NO. 8189 OTHERWISE ARTICLE 5 SECTION 1 OF THE 1987


KNOWN AS THE VOTERS REGISTRATION CONSTITUTION
ACT
1. All citizens of the Philippines 1. All citizens of the Philippines

2. Not otherwise disqualified by law 2. Not otherwise disqualified by law

3. At least 18 years of age 3. At least 18 years of age

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.

Republic Act No. 8189. Sec. 9, 3rd paragraph

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.

Page 25 of 38
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.

Q: Who are illiterate or disabled voters?

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.

Illiterate Voters v. Disabled Voters

ILLITERATE VOTERS DISABLED VOTERS


1. Inability to read and write 1. Physical inability
2. Election officer, accredited citizens 2. Election officer, accredited citizens
arm arm and relative within the fourth
civil degree of consanguinity or
affinity

Q: Who are disqualified to vote?

A: The following are disqualified to vote:

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

3. Insane or incompetent persons.(R.A. 8189, section 11)

Page 26 of 38
Q: What are the grounds for deactivation of registration (inactive file)?

A: The following are the grounds for deactivation of registration:

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.

Q: What is the remedy for a deactivated registration?

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.

C. INCLUSION AND EXCLUSION PROCEEDINGS

Q: What are the rules regarding inclusion and exclusion of voters?

PETITION FOR INCLUSION OF PETITION FOR EXCLUSION OF


VOTERS IN THE LIST VOTERS IN THE LIST
Who may file? The person excluded Any registered voter,
representative of a political
party and COMELEC.
Grounds Application for registration has
been disapproved and whose
name has been stricken out
from the list
When to File? 105 days before a regular 100 days before a regular
election or 75 days before a election or 65 days before a
special election special election.
Jurisdiction MTC MTC

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.

Page 27 of 38
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).

Q: Who is a double registrant?

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

Q: What are the qualifications of candidates?

PRESIDENT VICE PRESIDENT


CITIZENSHIP Natural born Filipino Natural born Filipino citizen
citizen
Registered Voter Yes Yes
Literacy Read and write Read and write
Age 40 years old on the day 40 years old on the day of
of election election
Residency 10 years immediately 10 years immediately preceding
preceding the election the election

SENATOR HOUSE OF REPRESENTATIVE


CITIZENSHIP Natural born Filipino Natural Born Filipino Citizen
Citizen
REGISTERED VOTER Yes Yes
LITERACY Read and write Read and write
AGE 35 years of age on the 35 years of age on the day of
day of election election
RESIDENCY Not less than 2 years Not less than one year
immediately preceding immediately preceding the day
the day of election of election

Page 28 of 38
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

MAYOR (HUC) VICE-MAYOR MAYOR (ICC VICE-MAYOR


(HUC) AND CC) (ICC AND CC)
CITIZENSHIP Citizen of the Citizen of the Citizen of the Citizen of the
Philippines Philippines Philippines Philippines
REGISTERED Yes Yes Yes Yes
VOTER
LITERACY Read and write Read and write Read and Write Read and Write
Filipino or any Filipino or any Filipino or any Filipino or any
other local other local other local other language
language or language or
language or or dialect
dialect dialect
dialect
AGE 21 years of age 21 years old on 21 years of age 21 years of age
on election day election day on election day on election day
RESIDENCY 1 year 1 year 1 year 1 year
immediately immediately immediately immediately
preceding the preceding the preceding the preceding the
day of election day of election
day of election day of election

Page 29 of 38
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

Page 30 of 38
A. Candidacy
1. Qualifications of Candidates
2. Filing of Certificates of Candidacy
Q: What is a COC?

A: It is a necessity, without it, a person cannot be voted for. It must be valid.


Without it, a person cannot be considered a candidate.

It must be filed within the period fixed by law.

XPNs: if the candidate 1. Dies 2. Is disqualified 3. Withdraws

Q: Who can file a COC?

A: 1. Himself 2. His authorized representative 3. The political party in which he


belongs

Q: Is an SPA or authorization (whether notarized or not) required if the COC is


to be filed by his authorized representative?

A: No.

Q: Where should the COC be filed?

A: if P, VP, or Senator, it must be filed in the Central office of the COMELEC in


Intramuros, Manila.

If local, in the provincial...

Q: When is a person who filed a COC considered a candidate?

A: At the time the campaign period starts.

e.g. July 13, 2017 – you filed a COC


July 20, 2017 – start of the campaign period → so you are only considered a
candidate on this day

RA 9369 Automated Election Law

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

Page 31 of 38
4. Dies
5. Withdraws
6. Disqualified

Only a person who is belonging to or nominated by the same


political party may be a substitute.

No substitute shall be allowed for any independent candidate.

Grounds for disqualification of a candidate:

**Only a qualified candidate can be substituted. So a disqualified candidate cannot


be substituted. Sec. 68 (there can be substitution) v. sec 78. (there can be no
substitution.

Q: If election offenses are committed during the election after the filing of the COC, but
the candidate is still qualified.

NUISANCE CANDIDATES

Q: What are the 3 kinds of nuisance candidates?

A: The 3 kinds of nuisance candidates are:

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: Who can declare the other candidates as nuisance candidates?

A: By the registered candidate or his respective candidates.

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.

Q: What is the effect of the COMELEC’s declaration that a candidate is a nuisance


candidate, but he already won?

Page 32 of 38
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.

PETITION TO DENY OR CANCEL A COC

1. There is material representation of the data which is false.

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.

Q: When do you file it?

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.

e.g. March 10, 2018 – start of filing of COC


April 10, 2018 – deadline of filing of COC
March 26, 2018 – A filed his 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

File a quo warranto.

Q: When do you file it?

A: After the proclamation of the winner, on the grounds of either INELIGIBILITY or


DISLOYALTY.

EFFECT OF DISQUALIFICATION

Page 33 of 38
CAMPAIGN

Q: Does premature campaigning still exist as an election offense?

A: No. Premature campaigning no longer exists as an election offense because a


person is only a candidate on the day the campaign period starts.

Q: Are services without pay considered contributions?

A: No.

Q: What are the prohibited contributions?

A: The prohibited contributions are:

BOARD OF ELECTION INSPECTORS

PETITION TO DECLARE FAILURE OF ELECTION

Q: What are the 5 causes of failure of election?

A: The 5 causes of failure of election are:

1. Force majeure;
2. Violence;
3. Terrorism;
4. Fraud; and
5. Other analogous causes.

Q: What are the 3 instances of failure of election?

A: The 3 instances of failure of election are:

1. No election was held;


2. Election was suspended; and
3. During the preparation, transmission, or custody of election returns, there is failure
of election.

**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.

Q: Who declares failure of election?

A: Failure of election can be declared by the COMELEC en banc based on a verified


petition to declare failure of election after due notice and hearing.

**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.

Page 34 of 38
BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

1 Punong
Barangay
Barangay
7
Sangguaniang
Barangay

Qualifications:

1. Must be a citizen of the Philippines;


2. Must be a registered voter of the barangay where he intends to be elected;
3. Must be a resident therein at least 1 year;
4. Must be able to read and write Filipino or any other local dialect; and
5. Must be at least 18 years of age.

1
Chairperson
Sangguniang
Barangay
7 Council
Members

Qualifications:

1. Must be a citizen of the Philippines;


2. Must be a qualified voter of the Katipunan ng Kabataan;
3. Must be a resident therein at least 1 year;
4. Must be able to read and write Filipino, English, or any other local dialect;
5. Must be at least 18 years of age, but not more than 24 years of age;
6. Must not be related by affinity or consanguinity to any incumbent elected official;
and
7. Must not be convicted by final judgment of an offense involving moral turpitude.

Q: Where will you file your COC?

A: City → File it with the election officer of the city.

Page 35 of 38
Province → File it with the provincial election officer of the province.

Q: What if sa District? E.g. La Trinidad has 2 districts.

Q: What is the consequence if it is not filed with the proper person?

A: The COC will be considered as not filed if it is filed with the wrong person.

**ipso facto resigned chuchu*

Q: Who can withdraw a COC?

A: Only the candidate himself.

Campaign Period: May 4, 2018 – May 12, 2018.

- 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.

1. Pamphlets → must not exceed 8 ½ inches by 14 inches

2. Posters → must not exceed 2 feet by 3 feet

3. Streamers → generally, streamers are not allowed.


→ They are only allowed during rallies, and meetings (meeting de
avance?)
→ Must not exceed 3 feet by 8 feet.
→ Can be placed 5 days before the scheduled rally or meeting, but must
be removed within 24 hours after such rally or meeting.

4. Broadcast Election Propaganda


→ Television = 60 minutes max, Radio = 90 minutes max (per station basis)
Q: What If you are a candidate, and then you were asked to talk about
federalism on the radio/television? (Larry G. example)

A: Your appearance is not considered an part of an election campaign


because incidental lang yung pag-appear mo dun.

5. Broadsheet (e.g. PH Star, PDI, or MB) → must not exceed ¼ page

Page 36 of 38
6. Tabloid → must not exceed ½ page

**Dapat may nakasulat na the voters are encouraged to recycle the election
campaign material.

Posting of Campaign Materials

Q: What if you post a streamer in your private property? Is it allowed?

A: No. You have 3 days to remove it if you posted it out of the designated poster area.

Q: What if you post a poster outside the 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.

Q: What will happen if there is a permanent vacancy of the Kapitan?

A: The No. 1 Kagawad will now sit as the Kapitan.

Q: Then who will sit now as the No. 7 Kagawad?

A: He will be appointed by the city or municipal mayor, through the recommendation


of the No. 1 Kagawad.

Q: What will happen if there is a permanent vacancy of the SK Chairman?

A: Same rule with the Kapitan. The No. 1 Council Member will be the new SK Chairman.

Q: Then who will as the new No. 7 Council Member?

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.

→ This is applicable to both Barangay and SK.

Page 37 of 38
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.

Q: Is the prohibition of hiring or appointing officials also banned in Barangay and SK


Elections?

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.

Page 38 of 38

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