Rules on Party-Lists (Atong Paglaum v. COMELEC, G.R. No.

203766, April
2, 2013)
1. Three different groups may participate in the party-list system: (1) national parties or
organizations, (2) regional parties or organizations, and (3) sectoral parties or organizations.
2. National parties or organizations and regional parties or organizations do not need to organize
along sectoral lines and do not need to represent any "marginalized and underrepresented"
sector.
3. Political parties can participate in party-list elections provided they register under the party-list
system and do not field candidates in legislative district elections. A political party, whether
major or not, that fields candidates in legislative district elections can participate in party-list
elections only through its sectoral wing that can separately register under the party-list system.
The sectoral wing is by itself an independent sectoral party, and is linked to a political party
through a coalition.
4. Sectoral parties or organizations may either be "marginalized and underrepresented" or
lacking in "well-defined political constituencies." It is enough that their principal advocacy
pertains to the special interest and concerns of their sector. The sectors that are "marginalized
and underrepresented" include labor, peasant, fisherfolk, urban poor, indigenous cultural
communities, handicapped, veterans, and overseas workers. The sectors that lack "well-
defined political constituencies" include professionals, the elderly, women, and the youth.
5. A majority of the members of sectoral parties or organizations that represent the "marginalized
and underrepresented" must belong to the "marginalized and underrepresented" sector they
represent. Similarly, a majority of the members of sectoral parties or organizations that lack
"well-defined political constituencies" must belong to the sector they represent. The nominees
of sectoral parties or organizations that represent the "marginalized and underrepresented,"
or that represent those who lack "well-defined political constituencies," either must belong to
their respective sectors, or must have a track record of advocacy for their respective sectors.
The nominees of national and regional parties or organizations must be bona-fide members of
such parties or organizations.
6. National, regional, and sectoral parties or organizations shall not be disqualified if some of
their nominees are disqualified, provided that they have at least one nominee who remains
qualified.

Rules of thumb on term limits of LGU officials

1. The three-term limitation does not extend to service by automatic succession
2. The conversion of a municipality to a city does not interrupt the three-term limitations, there
being no break in the continuity of the terms
3. Voluntary renunciation does not interrupt the continuity of the full term of service
4. Preventive suspension does not interrupt an elective official’s term for purposes of the three-
term limit rule
5. Full or partial ouster in an election protest interrupts elective official’s term for purposes of the
three-term limit rule
6. A recall election interrupts the consecutiveness of a third termer official
7. The term of the recalled official is not interrupted if re-elected in the recall election
 8. The term of a candidate who won in a recall election, other than the recalled official, is not
considered a full term for purposes of the three term limitation

Rules of thumb on administrative legislation

1. Administrative rules and regulations of general application which create, modify, or abolish
rights and obligations must:
a. Be published in the Official Gazette
b. Be filed with UP ONAR
c. Satisfy “public participation” requirement
2. Legislative rules generally have to comply with the requirements of publication and filing with
UP ONAR and, as far as practicable, public participation
3. Interpretative rules and rules of procedure generally do not have to comply with the above-
mentioned requirements, unless otherwise required by law

Rules of thumb on jurisdiction of quasi-judicial bodies

1. Doctrine of ripeness for review is applicable only in administrative action which is not a quasi-
judicial determination
2. Doctrine of exhaustion of administrative remedies is applicable only to quasi-judicial
administrative determination
3. Failure to observe the doctrine of ripeness for review and exhaustion of administrative remedies
are grounds to dismiss the case for lack of cause of action
4. The application of the doctrine of primary jurisdiction does not call for the dismissal of the case
but its suspension until after administrative determination

Rules on reappointment to COMELEC (Funa v. Villar, G.R. No. 192791,

April 24, 2012)
1. The appointment of members of any of the three constitutional commissions, after the
expiration of the uneven terms of office of the first set of commissioners, shall always be for a
fixed term of seven (7) years; an appointment for a lesser period is void and unconstitutional.
2. The appointing authority cannot validly shorten the full term of seven (7) years in case of the
expiration of the term as this will result in the distortion of the rotational system prescribed by
the Constitution.
3. Appointments to vacancies resulting from certain causes (death, resignation, disability or
impeachment) shall only be for the unexpired portion of the term of the predecessor, but such
appointments cannot be less than the unexpired portion as this will likewise disrupt the
staggering of terms laid down under Sec. 1(2), Art. IX(D).
4. Members of the Commission, e.g. COA, COMELEC or CSC, who were appointed for a full term of
seven years and who served the entire period, are barred from reappointment to any position in
 the Commission. Corollarily, the first appointees in the Commission under the Constitution are
also covered by the prohibition against reappointment.
5. A commissioner who resigns after serving in the Commission for less than seven years is eligible
for an appointment to the position of Chairman for the unexpired portion of the term of the
departing chairman. Such appointment is not covered by the ban on reappointment, provided
that the aggregate period of the length of service as commissioner and the unexpired period of
the term of the predecessor will not exceed seven (7) years and provided further that the
vacancy in the position of Chairman resulted from death, resignation, disability or removal by
impeachment. The Court clarifies that reappointment found in Sec. 1(2), Art. IX(D) means a
movement to one and the same office (Commissioner to Commissioner or Chairman to
Chairman). On the other hand, an appointment involving a movement to a different position or
office (Commissioner to Chairman) would constitute a new appointment and, hence, not, in the
strict legal sense, a reappointment barred under the Constitution.
6. Any member of the Commission cannot be appointed or designated in a temporary or acting
capacity.

Rules on succession of President and VP (Secs. 7 and 8, Art. VII)

I. Vacancy exists at the beginning of the term of the presidency
A. Vice President becomes acting President until a President qualifies
1. When a President has been chosen but he fails to qualify at the beginning of his
term
2. When no President has yet been chosen at the time he is supposed to assume office
B. Vice President-elect becomes President
1. President-elect dies or is permanently incapacitated before the beginning of his
term
C. Senate President or the Speaker – in that order – acts as President until a President or
Vice President qualifies
1. When both the President and Vice President have not yet been chosen or have
failed to qualify
2. When both shall have died or become permanently incapacitated at the start of
their term
D. Congress will decide by law who will act as President until a President or Vice President
shall have been elected and qualified
1. When the Speaker of the House and the Senate President dies, or are permanently
incapacitated, or are unable to assume office
II. Vacancy occurs after the office has been initially filed
A. Vice President becomes President
1. Incumbent President dies, or is permanently disabled, is removed, or resigns
B. Senate President or the Speaker of the House – in that order – shall act as President
until a President or Vice President shall have been elected and qualified
1. Both the President and the Vice President die, or are permanently disabled, are
removed, or resign
 C. Congress will determine by law who will act as President until a new President or Vice
President shall have qualified
1. Acting President dies, or is permanently incapacitated, is removed, or resigns

Constitutional provisions on multiple appointments

Sec. 13, Art. VII
Applies to President, VP, Cabinet, Deputies, and
Assistants
Unless otherwise provided in the Constitution
(i.e. DOJ Secretary to the JBC; Vice President to
any Cabinet position)
Sec. 7, Art. IX-B
Prohibition applies to all other appointed officials
Unless otherwise allowed by law or by the
primary functions of his position