ADMINISTRATIVE LAW a.

notice and hearing generally,

- Branch of public law that fixes the
organization of the government and
determines competence of authorities
who execute the law and indicates to
the individual remedies for the violations
of his rights.
I. ADMINISTRATIVE BODIES OR AGENCIES
- A body, other than the courts and
the legislature, 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.
How Created:
1. by constitutional provision;
2. by legislative enactment; and
3. by authority of law.
II. POWERS OF ADMINISTRATIVE
BODIES:
1.Quasi-legislative or rule-making
power;
2.Quasi-judicial or adjudicatory power;
and
3.Determinative powers.
A. QUASI-LEGISLATIVE OR RULE-
MAKING POWER
In exercise of delegated legislative
power, involving no discretion as to
what law shall be, but merely
authority to fix details in execution
or enforcement of a policy set out in
law itself.
Kinds:
1. Legislative regulation
a. Supplementary or detailed
legislation, e.g. Rules and
Regulations Implementing
the Labor Code;
b. Contingent regulation
2. Interpretative legislation, e.g.
BIR Circulars
Requisites for valid exercise:
1. Issued under authority of law;
not required; only when:
i. the legislature itself requires
it and mandates that the
regulation shall be based on
certain facts as determined
at an appropriate
investigation;
ii. the regulation is a
settlement of a controversy
between specific parties;
considered as an
administrative adjudication
(Cruz, Philippine
Administrative Law, p.42 -
43); or
iii. the administrative rule is in
the nature of subordinate
legislation designed to
implement a law by
providing its details (CIR v.
Court of Appeals, 261 SCRA
236).
b. publication
4. Reasonable
Requisites for Validity of Administrative
Rules With Penal Sanctions:
1. law itself must declare as punishable
the violation of administrative rule
or regulation;
2. law should define or fix penalty
therefor; and
3. rule/regulation must be published.
Doctrine of Subordinate Legislation
power of administrative agency to
promulgate rules and regulations on
matters of their own specialization.
Doctrine of Legislative Approval by Re-
enactment - the rules and regulations
promulgated by the proper
administrative agency implementing the
law are deemed confirmed and approved
by the Legislature when said law was re-
enacted by later legislation or through
codification. The Legislature is presumed
to have full knowledge of the contents
of the regulations then at the time of re-
enactment.

2. Within the scope and purview of the QUASI- QUASI-

law; LEGISLATIVE JUDICIAL
3. Promulgated in accordance with the FUNCTIONS FUNCTIONS
prescribed procedure:
 reason for decision rendered.(Ang
1. consists of 1. refers to its end Tibay vs CIR, 69 Phil 635)
issuance of rules product called
and regulations order, reward Substantial Evidence relevant
or decision
evidence as a reasonable mind might
accept as adequate to support a
2. general 2. applies to a
applicability specific conclusion.
situation
Administrative Determinations Where
3. prospective; it 3. present Notice and Hearing Not Necessary:
envisages the determination 1. summary proceedings of distraint
promulgation of of rights, and levy upon property of delinquent
a rule or privileges or taxpayer;
regulation duties as of 2. grant of provisional authority for
generally previous or increase of rates, or to engage in
applicable in the present time or
particular line of business;
future occurrence
3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
B. QUASI-JUDICIAL OR ADJUDICATORY se which affects safety of persons or
POWER property;
5. preventive suspension of officer or
Proceedings partake of nature of
employee pending investigation; and
judicial proceedings.
6. grant or revocation of licenses for
Administrative body granted
permits to operate certain
authority to promulgate its own
businesses affecting public order or
rules of procedure.
morals.
Two necessary conditions:
Administrative Appeal or Review
1. due process; and
1. Where provided by law, appeal from
2. jurisdiction
administrative determination may be
made to higher or superior
Includes the following powers:
administrative officer or body.
1. Prescribe rules of procedure
2. By virtue of power of control of
2. Subpoena power
President, President himself or
3. Contempt Power
through Department Head may
affirm, modify, alter, or reverse
Administrative Due Process:
administrative decision of
1. right to a hearing;
subordinate.
2. tribunal must consider evidence
3. Appellate administrative agency may
presented;
conduct additional hearing in
3. decision must have something to
appealed case, if deemed necessary.
support itself;
4. evidence must be substantial;
Res judicata effect of Administritve
5. decision must be based on evidence
Decisions
adduced at hearing or at least
- has the force and binding effect of a
contained in the record and
final judgment (note: applies only to
disclosed to parties;
judicial and quasi judicial proceedings
6. board of judges must act on its
not to exercise of administrative
independent consideration of facts
functions, Brillantes vs. Castro 99 Phil.
and law of the case, and not simply
497)
accept view of subordinate in
arriving at a decision; and
C. DETERMINATIVE POWERS
7. decision must be rendered in such a
1. enabling permit the doing of an act
manner that parties to controversy
which the law undertakes to
can know various issues involved and
regulate;
2. directing order the doing or
performance of particular acts to
ensure compliance with the law and
are often exercised for corrective
purposes
3. dispensing to relax the general
operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty;
4. examining - also called investigatory
power;
5. summary power to apply
compulsion or force against persons
or property to effectuate a legal
purpose without judicial warrants to
authorize such actions.
III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Whenever there is an available
administrative remedy provided
by law, no judicial recourse can
be made until all such remedies
have been availed of and
exhausted.
1. Doctrine of Prior Resort or
(Doctrine of Primary Administrative
Jurisdiction) 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.
1. Doctrine of Finality of
Administrative Action no resort to
courts will be allowed unless
administrative action has been
completed and there is nothing left
to be done in administrative
structure.
2. Judicial Relief from Threatened
Administrative Action courts will
not render a decree in advance of
administrative action and thereby
render such action nugatory. It is not
for the court to stop an
administrative officer from
performing his statutory duty for
fear he will perform it wrongly.
Effect of Failure to Exhaust
Administrative Remedies: as a general
rule, jurisdiction of the court is not
affected but the complaint is vulnerable
to dismissal due to lack of cause of
action.
Exceptions to the Doctrine:
1. doctrine of qualified political agency
(when the respondent is a
department secretary whose acts as
an alter ego of the President bears
the implied and assumed approval of
the latter); except where law
expressly provides exhaustion;
2. administrative remedy is fruitless;
3. where there is estoppel on part of
administrative agency;
4. issue involved is purely legal;
5. administrative action is patently
illegal, amounting to lack or excess
of jurisdiction;
6. where there is unreasonable delay or
official inaction;
7. where there is irreparable injury or
threat thereof, unless judicial
recourse is immediately made;
8. in land case, subject matter is
private land;
9. where law does not make exhaustion
a condition precedent to judicial
recourse;
10. where observance of the doctrine
will result in nullification of claim;
11. where there are special reasons or
circumstances demanding immediate
court action; and
12. when due process of law is clearly
violated.
IV. JUDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS
When made:
1. to determine constitutionality or
validity of any treaty, law,
ordinance, executive order, or
regulation;
2. to determine jurisdiction of any
administrative board, commission
or officer;
3. to determine any other questions
of law; and
4. to determine questions of facts
when necessary to determine
either:
a. constitutional or jurisdictional
issue;
b. commission of abuse of
authority; and
 c. when administrative fact 2. findings are vitiated by fraud,
finding body is unduly imposition or collusion;
restricted by an error of law. 3. procedure which led to factual
findings is irregular;
Modes of review: 4. palpable errors are committed; and
1. Statutory; 5. grave abuse of discretion,
2. Non-statutory inherent power of arbitrariness or capriciousness is
the court to review such manifest.
proceedings upon questions of
jurisdiction and questions of law; Brandeis Doctrine of
3. Direct proceeding; Assimilation of Facts one
4. Collateral attack. purports to be finding of fact but
is so involved with and
General Rule: Findings of facts of dependent upon a question of
Administrative Agencies accorded great latter,courts will review the
weight by the Courts. entire case including the latter.
Exceptions to the Rule: law as to be in substance and
1. factual findings not supported by effect a decision on the .
evidence;
 San Beda College of Law
5
MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE two senses:

- right, authority and duty created
and conferred by law, by which for a
given period, either fixed by law or
enduring at pleasure of creating
power, and individual is vested with
some sovereign functions of
government to be exercised by him
for the benefit of the public.
(Fernandez vs Sto Tomas, 234 SCRA
546)
Elements of Public Office: (LSDIP)
1. created by law or ordinance
authorized by law;
2. possess sovereign functions of
government to be exercised for
public interests;
3. functions defined expressly or
impliedly by law;
4. functions exercised by an officer
directly under control of law, not
under that of a superior officer
unless they are functioned conferred
by law upon inferior officers, who by
law, are under control of a superior;
(duties performed independently)
and
5. with permanency or continuity, not
temporary or occasional.
Characteristics:
-Public office is a public trust.
-Public office is not property and is
outside the commerce of man. It cannot
be subject of a contract. (Cruz, Law on
Public Officers, p.5)
II. PUBLIC OFFICERS
- individuals vested with public office
Classification of Public Officers:
1. Executive, legislative and judicial
officers;
2. Discretionary or ministerial officers;
3. Civil or military officers;
4. Officers de jure or de facto; and
5. National, provincial or municipal
officials
Eligibility and qualification:
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
1. may refer to endowments,
qualities or attributes which
make an individual eligible for
public office;
2. may refer to the act of entering
into performance of functions of
public office.
Authority to prescribe qualification:
1. when prescribed by Constitution,
ordinarily exclusive, the legislature
may not increase or reduce
qualifications except when
Constitution itself provides
otherwise as when only minimum or
no qualifications are prescribed( ex:
Art XIII Sec 17 (2), Art VIII Sec 7 (2)
Consti) ;
2. when office created by statute,
Congress has generally plenary
power to prescribe qualification but
such must be:
a. germane to purpose of office;
and
b. not too specific so as to refer to
only one individual.
III. DE FACTO OFFICERS
- one who has reputation of being an
officer that he assumes to be, and
yet is not an officer in point of law.
- a person is a de facto officer where
the duties of the office are exercised
under any of the following
circumstances:
1. Without a known appointment or
election, but under such
circumstances of reputation or
acquiescence as were calculated
to induce people, without
inquiry, to submit to or invoke
his action, supposing him to the
be the officer he assumed to be;
or
2. Under color of a known and valid
appointment or election, but
where the officer has failed to
conform to some precedent
requirement or condition (e.g.,
taking an oath or giving a bond);
 San Beda College of Law
6
MEMORY AID IN POLITICAL LAW

3. Under color of a known election points of law to

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

DE JURE DE FACTO Legal Effects of Acts

OFFICER OFFICER - valid insofar as they affect the
public
1. rests on the 1. on reputation Entitlement to Salaries
right
General Rule: rightful incumbent may
recover from de facto officer salary
2. has lawful or 2. has possession
title to the and performs the received by latter during time of
office duties under wrongful tenure even though latter
color of right is in good faith and under color of
without being title.(Monroy v. CA, 20 SCRA 620)
technically Exception: when there is no de jure
qualified in all public officer, de facto officer
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
7
MEMORY AID IN POLITICAL LAW

entitled to salaries for period when requirements for appointment to

he actually discharged functions. a regular position in the
(Civil Liberties Union v. Exec. Sec., competitive service, whenever a
194 SCRA 317) vacancy occurs and the filling
Challenge to a De Facto Officer: must be thereof is necessary in the
in a direct proceeding where the title interest of the service and there
will be the principal issue is no appropriate register of
those who are eligible at the
IV. COMMENCEMENT OF OFFICIAL time of appointment;
RELATIONS: 4. Regular made by President
1. by appointment; or while Congress is in session and
2. by election becomes effective after
nomination is confirmed by the
Appointment selection, by authority Commission on Appointments
vested with power, of individual who is and continues until the end of
to perform functions of a given office. term; and
Essentially a discretionary power 5. Ad-interim
and must be performed by the a. Recess -- made while
officer in which it is vested Congress is not in session,
according to his best lights, the before confirmation, is
only condition being that the immediately effective, and
appointee should possess the ceases to be valid if
minimum qualification disapproved or bypassed by
requirements prescribed by law CA upon next adjournment
for the position (Nachura, of Congress;
Reviewer in Political Law, p. b. Midnight made by the
305) President before his term
expires, whether or not this
Commission written evidence of is confirmed by the
appointment. Commission on
Appointments.
Designation imposition of
additional duties, usually by law, on
a person already in public office. Regular Ad interim
appointment appointment
Classification of Appointments: Made during the Made during the
legislative recess
1. Permanent extended to person
session
possessing requisite Made only after Made before
qualification for the position and the nomination such
thus enjoys security of tenure; is confirmed by confirmation
2. Temporary acting the Commission
appointment, given to a non-civil on Appointments
service eligible is without a (CA)
definite tenure and is dependent Once confirmed Shall cease to be
upon the pleasure of the by the CA valid if
appointing power; continues until t disapproved by
he end of the the CA or upon
3. Provisional- is one which may
term of the the next
be issued upon prior appointee adjournment
authorization of the
Commissioner of Civil service in Nepotism all appointments in the
accordance with the provisions national, provincial, city and
of the Civil Service Law and the municipal governments or in any
rule and standards to a person branch or instrumentality thereof,
who has no t qualified in an including GOCC, made in favor of a
appropriate examination but relative of the (1) appointing or (2)
who otherwise meets the
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
8
MEMORY AID IN POLITICAL LAW

recommending authority or of the 1. statutory liability under the Civil

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

General Rule: not liable for injuries
sustained by another as a consequence
of official acts done within the scope of
his authority, except as otherwise
provided by law.
A Public Officer shall not be civilly
liable for acts done in the
performance of his duties
Exceptions:
Under the Revised Admin. Code of
1987, A Superior Officer shall be
liable for acts of subordinate officers
only if he has actually authorized be
written order the specific act or
misconduct complained.
Subordinate officers are also liable
for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
policy and good customs

POLITICAL LAW COMMITTEE

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

d. grounds if the charge against

Preventive Suspension such officer or employee
- a precautionary measure so involves:
that an employee who is formally i. dishonesty;
charged of an offense may be separated ii. oppression or grave
from the scene of his alleged misconduct;
misfeasance while the same is being iii. neglect in the performance
investigated (Bautista v. Peralta, 18 of duty; or
SCRA 223) iv. if there are reasons to
believe that respondent is
- need not be preceded by prior guilty of the charges which
notice and hearing since it is not a would warrant his removal
penalty but only a preliminary step in an from the service
administrative investigation (Lastimosa e. duration the administrative
v. Vasquez, 243 SCRA 497) investigation must be terminated
within 90 days; otherwise, the
- the period of preventive suspension respondent shall be
cannot be deducted from whatever automatically reinstated unless
penalty may be imposed upon the erring the delay in the disposition of
officer (CSC Resolution No. 90-1066) the case is due to the fault,
negligence or petition of the
respondent, in which case the
PENDING PENDING period of delay shall not be
INVESTIGATION APPEAL counted in computing the period
[Sec.51, E.O.292] [Sec.27(4), E.O. of suspension.
292]
A Presidential Appointee:
1. not a penalty 1. Punitive in a. can only be investigated and
but only a means character removed from office after due
of enabling the notice and hearing by the
disciplinary President of the Philippines
authority to
under the principle that the
conduct an
unhampered
power to remove is inherent in
investigation. the power to appoint as can be
implied from Sec. 5, R.A.2260
2. no compensation 2. If exonerated, (Villaluz v. Zaldivar, 15 SCRA
due for the he should be 710).
period of reinstated with b. the Presidential Commission
suspension even full pay for the Against Graft and Corruption
if found innocent period of (PCAGC) shall have the power to
of the charges. suspension. investigate administrative
complaints against presidential
Rules on Preventive Suspension: appointees in the executive
department of the government,
1. Appointive Officials including GOCCs charged with
Not a Presidential Appointee (Secs. 41- graft and corruption involving
42, P.D. 807): one or a combination of the
a. by whom the proper following criteria:
disciplining authority may i. presidential appointees with
preventively suspend; the rank equivalent to or
b. against whom any subordinate higher than an Assistant
officer or employee under such Regional Director;
authority; ii. amount involved is at least
c. when pending an investigation; P10M;

POLITICAL LAW COMMITTEE

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

iii. those which threaten - R.A. 3019 makes it mandatory for

grievous harm or injury to the Sandiganbayan to suspend, for
the national interest; and a maximum period of 90 days
iv. those which may be assigned unless the case is decided within a
to it by the President (E.O. shorter period, any public officer
No. 151 and 151-A). against whom a valid information
2. Elective Officials: (Sec 63, R.A. is filed charging violation of:
7160) 1. R.A. 3019;
a. by whom against whom 2. Book II, Title 7, Revised Penal
i. President elective official Code; or
of a province, a highly 3. offense involving fraud upon
urbanized or an independent government or public funds or
component city; property (Cruz, The Law of
ii. Governor elective official Public Officers, pp. 86-87)
of a component city or
municipality; VII. RIGHTS OF PUBLIC OFFICERS:
iii. Mayor elective official of a
barangay 1. Right to Office just and legal claim
b. when at any time after the to exercise powers and
issues are joined; responsibilities of the public
c. grounds: office.
i. reasonable ground to believe Term period during which
that the respondent has officer may claim to hold
committed the act or acts office as a right.
complained of;
ii. evidence of culpability is Tenure period during which
strong; officer actually holds office.
iii. gravity of the offense so
warrants; 2. Right to Salary
iv. continuance in office of the Basis: legal title to office and
respondent could influence the fact the law attaches
the witnesses or pose a compensation to the office.
threat to the safety and Salary compensation provided
integrity of the records and to be paid to public officer
other evidence for his services.
d. duration: Preventive Suspension public
i. single administrative case officer not entitled during the
not to extend beyond 60 period of preventive suspension,
days; but upon exoneration and
ii. several administrative cases reinstatement he must be paid
not more than 90 days full salaries and emoluments
within a single year on the during such period.
same ground or grounds
existing and known at the Back salaries are also payable to
time of the first suspension an officer illegally dismissed or
- Section 24 of the Ombudsman otherwise unjustly deprived of
Act (R.A. 6770) expressly provide his office the right to recover
that the preventive suspension accruing from the date of
shall continue until the case is deprivation. The claim for back
terminated by the Office of the salaries must be coupled with a
Ombudsman but not more than 6 claim for reinstatement and
months without pay. The subject to the prescriptive
preventive suspension for 6 period of one (1) year. (Cruz,
months without pay is thus Law on Public Officers, p126-
according to law (Lastimosa v. 126)
Vasquez, 243 SCRA 497)

POLITICAL LAW COMMITTEE

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
11
Forms of Compensation:
a. salary personal
compensation to be paid to
public officer for his services
and it is generally a fixed
annual or periodical payment
depending on the time and
not on the amount of the
service he may render;
b. per diem allowance for
days actually spent in the
performance of official
duties;
c. honorarium something
given as not as a matter of
obligation, but in
appreciation for services
rendered;
d. fee payment for services
rendered or on commission
on moneys officially passing
through their hands; and
e. emoluments profits arising
from the office, received as
compensation for services or
which is annexed to the
office as salary, fees, or
perquisites.
3. Right to Preference in Promotion
Promotion movement from one
position to another with increase
in duties and responsibilities as
authorized by law and usually
accompanied by an increase in
pay.
Next-in-Rank Rule the person
next in rank shall be given
preference in promotion when the
position immediately above his is
vacated. But the appointing
authority still exercises his
discretion and is not bound by
this rule.
Appointing officer is only
required to give special
reasons for not appointing
officer next in rank if he fills
vacancy by promotion in
disregard of the next in rank
rule. (Pineda vs. Claudio, 28
SCRA 34)
Automatic Reversion Rule all
appointments involved in chain of
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
MEMORY AID IN POLITICAL LAW
promotions must be submitted
simultaneously for approval by
the Commission, the disapproval
of the appointment of a person
proposed to a higher position
invalidates the promotion of
those in the lower positions and
automatically restores them to
their former positions.
4. Right to vacation leave and sick
leave with pay;
5. Right to maternity leave;
6. Right to pension and gratuity;
Pension regular allowance paid
to an individual or a group of
individuals by the government in
consideration of services
rendered or in recognition of
merit, civil or military.
Gratuity a donation and an act
of pure liberality on the part of
the State.
7. Right to retirement pay;
8. Right to reimbursement for
expenses incurred in performance of
duty;
9. Right to be indemnified against any
liability which they may incur in
bona fide discharge of duties; and
10. Right to longevity pay.
11. Right to Self-Organization
Art III, Sec 8 1987Consti. Note: Civil
servants are now given the right to self
organize but they may not stage strikes
(see: SSS Employees Assoc. vs. CA, 175
SCRA 686)
VIII. MODES OF TERMINATION
OFFICIAL RELATIONSHIP:
(TR3A3P DIFC2IT)
1. expiration of term or tenure;
2. reaching the age limit;
3. resignation;
4. recall;
5. removal;
6. abandonment;
7. acceptance of incompatible office;
 San Beda College of Law
12
MEMORY AID IN POLITICAL LAW

8. abolition of office; f. Municipal Mayors and Vice

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

b. by the Registered Voters (RV) in

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

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

I.SUFFRAGE Peter Sison v. COMELEC,

- right to vote in election of G.R. No. 134096, March 3,
officers chosen by people and in 1999)
the determination of questions
submitted to people. It includes: What is common in these
1.election; three instances is the
2.plebiscite; resulting failure to elect. In
3.initiative; and the first instance, no
4.referendum. election is held while in the
second, the election is
Election means by which people suspended. In the third
choose their officials for a definite instance, circumstances
and fixed period and to whom they attending the preparation,
entrust for time being the exercise transmission, custody or
of powers of government. canvass of the election
Kinds: returns cause a failure to
1. Regular election one provided elect. The term failure to
by law for election of officers elect means nobody emerged
either nationwide or in certain as a winner. (Pasandalan vs.
subdivisions thereof, after Comelec, G.R. No. 150312,
expiration of full term of former July 18, 2002)
members; and The causes for the
2. Special election one held to fill declaration of a failure of
vacancy in office before election may occur before or
expiration of full term for which after the casting of votes or
incumbent was elected. on the day of the election.
(Sec. 4, R.A. 7166)
Failure of Elections there are The COMELEC shall call for
only 3 instances where a failure of the holding or continuation
elections may be declared, namely: of the election on a date
a. The election in any polling reasonably close to the date
place has not been held on of the election not held,
the date fixed on account of suspended, or which resulted
force majeure, violence, in a failure to elect but not
terrorism, fraud, or other later than 30 days after the
analogous causes; cessation of the cause of
b. The election in any polling such suspension or failure to
place had been suspended elect. (Sec. 6, B.P. 881)
before the hour fixed by law
In such election, the location
for the closing of the voting
of polling places shall be the
on account of force
same as that of the
majeure, violence,
preceding regular election.
terrorism, fraud, or other
However, changes may be
analogous causes; and
initiated by written petition
c. After the voting and during
of the majority of the voters
the preparation and
of the precinct or agreement
transmission of the election
of all the political parties or
returns or in the custody or
by resolution of the Comelec
canvass thereof such
after notice and hearing.
election results in a failure
(Cawasa vs. Comelec, G.R.
to elect on account of force
No. 150469, July 3, 2002)
majeure, violence,
terrorism, fraud or other
analogous causes. (Joseph

POLITICAL LAW COMMITTEE

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
15
Postponement of Elections - An
election may be postponed by the
COMELEC either motu proprio or upon
a verified petition by any interested
party when there is violence,
terrorism, loss or destruction of
election paraphernalia or records,
force majeure, or other analogous
cause of such a nature that the
holding of a free, orderly and honest
election becomes impossible in any
political subdivision. (Sec. 5, B.P.
881)
The COMELEC shall call for the
holding of the election on a date
reasonably close to the date of
the election not held,
suspended, or which resulted in
a failure to elect but not later
than 30 days after the cessation
of the cause for such
postponement or suspension of
the election or failure to elect.
(Sec. 5, B.P. 881)
Qualification for Suffrage:
1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at
least one year;
4. Resident of place where he proposes
to vote for at least 6 months; and
5. Not otherwise disqualified by law.
Disqualification:
1. person convicted by final judgment
to suffer imprisonment for not less
than 1 year, unless pardoned or
granted amnesty; but right
reacquired upon expiration of 5
years after service of sentence;
2. person adjudged by final judgment
of having committed any crime
involving disloyalty to government or
any crime against national security;
but right is reacquired upon
expiration of 5 years after service of
sentence; and
3. insane or incompetent persons as
declared by competent authority
(Sec. 118, OEC).
II. POLITICAL PARTY
- organized group of citizens
advocating an ideology or platform,
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
MEMORY AID IN POLITICAL LAW
principles and policies for the general
conduct of government and which, as
the most immediate means of securing
their adoption, regularly nominates and
supports certain of its leaders and
members as candidate in public office.
(Bayan Muna v. Comelec, GR No. 147613,
June 28, 2001)
To acquire juridical personality
and to entitle it to rights and
privileges granted to political
parties, it must be registered
with COMELEC
policies for the general conduct
of government and which, as the
most immediate means of
securing their adoption,
regularly nominates and supports
certain of its leaders and
members as candidate in public
office. (Bayan Muna v. Comelec,
GR No. 147613, June 28, 2001)
To acquire juridical personality
and to entitle it to rights and
privileges granted to political
parties, it must be registered
with COMELEC.
Groups Disqualified for Registration:
1. religious denominations or sects;
2. those who seek to achieve their
goals through violence or unlawful
means;
3. those who refuse to uphold and
adhere to Constitution; and
4. those supported by foreign
governments.
Grounds for Cancellation of
Registration:
1. accepting financial contributions
from foreign governments or their
agencies; and
2. failure to obtain at least 10% of
votes casts in constituency where
party fielded candidates.
Party System a free and open party
system shall be allowed to evolve
according to free choice of people.
 San Beda College of Law
16
no votes cast in favor of political
party, organization or coalition
shall be valid except for those
registered under the party-list
system provided in the
Constitution;
political parties registered under
party-list system shall be
entitled to appoint poll watchers
in accordance with law; and
part-list representatives shall
constitute 20% of total number
of representatives in the House.
Guidelines for screening party-list
participants
1. The political party, sector,
organization or coalition must
represent the marginalized and
underrepresented groups identified
in Sec. 5 of RA 7941. Majority of its
member-ship should belong to the
marginalized and underrepresented;
2. While even major political parties
are expressly allowed by RA 7941 and
the Constitution, they must comply
with the declared statutory policy of
Filipino citizens belonging to
marginalized and under-represented
sectors to be elected to the House of
Representatives. Thus, they must
show that they represent the
interest of the marginalized and
underrepresented.
3. That religious sector may not be
represented in the party-list system;
except that priests, imam or pastors
may be elected should they
represent not their religious sect but
the indigenous community sector;
4. A party or an organization must not
be disqualified under Sec. 6, RA 7941
as follows:
a. it is a religious sect or
denomination, organization or
association organized for
religious purposes;
b. it advocates violence or unlawful
means to seek its goals;
c. it is a foreign party or
organization;
d. it is receiving support from any
foreign government, foreign
political party, foundation,
organization, whether directly or
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
MEMORY AID IN POLITICAL LAW
through any of its officers or
members or indirectly through
third parties for partisan
election purposes;
e. it violates or fails to comply with
laws, rules or regulation relating
to elections;
f. it declares untruthful statements
in its petition;
g. it has ceased to exist for at least
one (1) year; or
h. it fails to participate in the last
two (2) preceding elections or
fails to obtain at least two per
centum (2%) of the votes cast
under the party-list system in
two (2) preceding elections for
the constituency in which it has
registered.
5. the party or organization must not
be an adjunct of, or a project
organized or an entity funded or
assisted by, the government.
6. the party, including its nominees
must comply with the qualification
requirements of section 9, RA 7941
as follows: No person shall be
nominated as party-list
representative unless he is: (a)
natural-born citizen of the
Philippines; (b) a registered voter;
(c) a resident of the Philippines for a
period of not less than one year
immediately preceding the day of
the election; (d) able to read and
write; (e) a bona fide member of the
party or organization which he seeks
to represent for at least 90 days
preceding the day of the election;
and (f) at least 25 years of age on
the day of the election. In case of a
nominee of the youth sector, he
must at least be twenty five (25) but
not more than thirty (30) years of
age on the day of the election. Any
youth sectoral representative who
attains the age of thirty (30) during
his term shall be allowed to continue
in office until the expiration of his
terms;
7. not only the candidate party or
organization must represent
marginalized and underrepresented
sectors, so also must its nominees;
 San Beda College of Law
17
MEMORY AID IN POLITICAL LAW

8. while lacking the a well-defined 2. to cause confusion among voters by

political constituency, the nominee similarity of names of registered
must likewise be able to contribute candidates;
to the formation and enactment of 3. by other circumstances or acts which
appropriate legislation that will demonstrate that a candidate has no
benefit the nation as a whole. (Ang bona fide intention to run for office
Bagong Bayani-OFW Labor Party, v. for which certificate has been filed,
COMELEC, GR No. 147589, June 26, and thus prevent a faithful
2001). determination of true will of
electorate.
III. DISQUALIFICATION OF
CANDIDATES: IV. FAIR ELECTIONS ACT OF 2001 (RA
1. declared as incompetent or insane 9006)
by competent authority;
2. convicted by final judgment for Lawful election Propaganda (sec. 3):
subversion, insurrection, rebellion or
any offense for which he has been 1. Written/Printed Materials (does not
sentenced to a penalty of 18 months exceed 8 in. width by 14 in.
imprisonment; length)
3. convicted by final judgment for 2. Handwritten/printed letters
crime involving moral turpitude; 3. Posters (not exceeding 2 x 3 ft.)
4. any person who is permanent 3 by 8 ft. allowed in
resident of or immigrant to a foreign announcing, at the site and
country; and on the occasion of a public
5. one who has violated provisions on: meeting or rally, may be
a. campaign period; displayed 5 days before the
b. removal, destruction of lawful date of rally but shall be
election propaganda; removed within 24 hours
c. prohibited forms of propaganda; after said rally.
d. regulation of propaganda 4. Print Ads
through mass media; and
e. election offenses. page in broadsheets and
page in tabloids thrice a
- When a candidate has not yet been week per newspaper,
disqualified by final judgment during magazine or other
the election day and was voted for, publication during the
the votes cast in his favor cannot be campaign period
declared stray. To do so would 5. Broadcast Media (i.e. TV and
amount to disenfranchising the Radio)
electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De NATIONAL LOCAL
Venecia, G.R. No. 150605, December POSITIONS POSITIONS
10, 2002)
1. 120 minutes 1. 60 minutes
for TV for TV
Nuisance Candidate
COMELEC may motu propio 2. 180 minutes 2. 90 minutes
or upon petition of for Radio for Radio
interested party, refuse to
give due course to or cancel Prohibited Campaign
certificate of candidacy if 1. Public exhibition of movie,
shown that said certificate cinematograph or documentary
was filed: portraying the life or biography of a
1. to put election process in mockery or candidate during campaign period;
disrepute; 2. Public exhibition of a movie,
cinematograph or documentary
portrayed by an actor or media
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
18
MEMORY AID IN POLITICAL LAW

personality who is himself a - In case of valid substitutions

candidate; after the officials ballots have been
3. Use of airtime for campaign of a printed, the votes cast for the
media practitioner who is an official substituted candidates shall be
of a party or a member of the considered as stray votes but shall not
campaign staff of a candidate or invalidate the whole ballot. For this
political party; purpose, the official ballots shall provide
for spaces where the voters may write
Limitation on Expenses: the name of the substitute candidates if
1. for candidates: they are voting for the latter: Provided,
President and Vice President however, That if the substitute
= P10/voter; candidate is of the same family name,
this provision shall not apply.(Sec.12)
Other candidates, if with
party = P3/voter; V. PRE-PROCLAMATION
Other candidates, if without CONTROVERSY
party = P5/voter. Any question pertaining to or
2. for political parties = P5/voter affecting proceedings of Board of
Canvassers which may be raised
Statement of Contribution and by any candidate or by a
Expenses registered political party or
every candidate and treasurer of coalition of political parties
political party shall, within 30 days before the board or directly with
after day of election, file offices of COMELEC or any matter raised
COMELEC the full, true and itemized under Sections 233, 234, 235,
statement of all contribution and and 236, in relation to
expenditures in connection with preparation, transmission,
election. receipt, custody and
appreciation of election returns.
Election Survey
Issues which may be raised in a Pre-
The SC held that Sec. 5.4 of the Fair Proclamation Controversy:
Election Act prohibiting publication 1. Illegal composition or proceedings of
of survey results 15 days the board of Canvassers;
immediately preceding a national 2. Canvassed election returns are
election and 7 days before a local incomplete, contain material
election violates the constitutional defects, appears to be tampered
rights of speech, expression, and the with or falsified; or contain
press because: discrepancies in the same returns or
it imposes a prior restraint on in other authentic copies thereof as
the freedom of expression; mentioned in Sec. 233,234,235 and
It is a direct and total 236 of BP 881;
suppression of a category of 3. Election returns were prepared
expression even though such under duress, threat, coercion, or
suppression is only for a limited intimidation, or they are obviously
period; and manufactured or not authentic; and
the governmental interest sought 4. When substitute of fraudulent
to be promoted can be achieved returns in controverted polling
by means other than the places were canvassed, the results of
suppression of freedom of which materially affected the
expression. (Social Weather standing of the aggrieved
Station v. Comelec, G.R. No. candidate/s.
147571 May 5, 2001)

Substituted and Substitute Candidate

III. ELECTION CONTESTS
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
19
MEMORY AID IN POLITICAL LAW

petition for review on Certiorari

Nature: special summary proceeding with SC within 30 days from
object of which is to expedite receipt of decision on ground of
settlement of controversies between grave abuse of discretion
candidates as to who received majority amounting to lack or excess of
of legal votes. jurisdiction or violation of due
Purpose: to ascertain true will of people process;
and duly elected officer, and this could 3. For decisions of Electoral Tribunal
be achieved by throwing wide open the
appeal before the court. petition for review on Certiorari
with SC on ground of grave abuse
Contest: any matter involving title or of discretion amounting to lack
claim of title to an elective office, made or excess of jurisdiction or
before or after proclamation of winner, violation of due process.
whether or not contestant is claiming
office in dispute. Actions Which May Be Filed:
Election, Returns and qualification 1. Election Protest
refers to all matters affecting validity of - May be filed by any candidate who
the contestees title to the position. has filed a certificate of candidacy
and has been voted upon for the
Election conduct of the polls, same officer;
including the registration of voters, Grounds:
holding of election campaign, and a. fraud;
casting and counting of votes. b. terrorism;
c. irregularities; or
Returns include the canvass of d. illegal acts
returns and proclamation of winners, committed before, during, or
together with questions concerning after casting and counting of
composition of Board of Canvassers votes
and authenticity of election returns. Time to file: within 10 days from
proclamation of results of election.
Qualifications matter which could
be raised in a quo warranto 2. Quo warranto
proceedings against the proclaimed - Filed by any registered voter in the
winner, such as his disloyalty to the constituency
Republic or his ineligibility or
inadequacy of his certificate of Grounds:
candidacy. a. ineligibility; or
b. disloyalty to Republic.
Original Exclusive Jurisdiction Over Time to file: within 10 days from
Election Contests proclamation of results of election.
1. President and Vice-President -
Supreme Court en banc QUO WARRANTO QUO WARRANTO
2. Senator - Senate Electoral Tribunal IN ELECTIVE IN APPOINTIVE
3. Representative - HR Electoral OFFICE OFFICE
Tribunal 1. determination is 1. determination is
4. Regional/Provincial/City - COMELEC eligibility of legality of
5. Municipal - RTC candidate-elect appointment
6. Barangay - MTC 2. when person 2. court may
elected is determine as to
declared who among the
Appellate Jurisdiction:
ineligible, court parties has legal
1. For decisions of RTC and MTC cannot declare 2nd title to office
appeal to COMELEC whose placer as elected,
decision shall be final and even if eligible
executory;
2. For decisions of COMELEC IV. ELECTION OFFENSES
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
20
MEMORY AID IN POLITICAL LAW

promise of any office or

Vote-Buying and Vote-Selling employment, public or private,
(1) Any person who gives, offers for any of the foregoing
or promises money or anything considerations. (Sec. 261, B.P.
of value, gives or promises any 881)
office or employment, franchise
or grant, public or private, or
makes or offers to make an One of the effective ways of
expenditure, directly or preventing the commission
indirectly, or cause an of vote-buying and of
expenditure to be made to any prosecuting those
person, association, corporation, committing it is the grant of
entity, or community in order to immunity from criminal
induce anyone or the public in liability in favor of the
general to vote for or against party (person/s) whose vote
any candidate or withhold his was bought. This grant of
vote in the election, or to vote immunity will encourage the
for or against any aspirant for recipient or acceptor to
the nomination or choice of a come into the open and
candidate in a convention or denounce the culprit-
similar selection process of a candidate, and will ensure
political party. the successful prosecution of
(2) Any person, association, the criminal case against the
corporation, group or community latter. (Comelec vs. Hon.
who solicits or receives, directly Tagle, G.R. Nos. 148948 &
or indirectly, any expenditure or 148951, February 17, 2003)

POLITICAL LAW COMMITTEE

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

LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991

(R.A. 7160) 1. Territorial and subdivisions of State
shall enjoy genuine and meaningful
Effectivity: January 1, 1992 local autonomy to enable them to
attain fullest development and make
Scope of Application of Local them more effective partners in
Government Code: attaining national goals;
Applicable to: 2. Ensure accountability of LGUs
1. all provinces, through institution of effective
2. cities, mechanisms of recall, initiative and
3. municipalities, referendum; and
4. barangays; 3. Require all national agencies and
5. and other political subdivisions offices to conduct periodic
as may be created by law; and consultations with appropriate
6. to the extent provided in the LGUs, NGOs and Peoples
Local Government Code: Organizations and other concerned
a. to officials, sector of community before any
b. offices, or project or program is implemented
c. agencies of the National in their respective jurisdictions.
Government.
Rules on Interpretation:
Local Autonomy in its constitutional 1. provision on power: liberally
sense, to polarize LGUs from over interpreted in favor of LGU; in case
dependence on central government and of doubt, resolved in favor of
do not make LGUs mini-republics or devolution of powers;
imperium in imperia. 2. ordinance or revenue measure:
construed strictly against LGU
Decentralization of Administration enacting it and liberally in favor of
central government delegates tax payer;
administrative powers to political 3. tax exemptions, incentive or relief
subdivisions in order to broaden base of granted by LGU: construed against
government power and in process make person claiming;
LGUs more responsive and accountable 4. general welfare provisions: liberally
and ensure their fullest development as interpreted to give more powers to
self-reliant communities and make them LGUs in accelerating economic
effective partners in the pursuit of development and upgrading quality
national development and social of life for people in community;
progress. 5. rights and obligations existing on
date of effectivity of LGC of 1991
Decentralization of Power involves and arising out of contracts or any
abdication of political power in favor of other source of prestation involving
LGUs declared autonomous.(Limbona v. LGU, shall be governed by original
Mengelin, 170 SCRA 786). terms and conditions of said
contracts or law in force at time
Devolution act by which national such rights were vested; and
government confers power and authority 6. resolution of controversies arising
upon various LGUs to perform specific under LGC of 1991 where no legal
functions and responsibilities.[Sec.17(e), provision or jurisprudence applies,
par.2, LGC]. resort may be had to customs and
traditions in place where
controversies take place.
II. PUBLIC CORPORATION
Declaration of Policy:
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
22
MEMORY AID IN POLITICAL LAW

- one formed and organized for the SUBDIVISIONS ENJOYING

government of a portion of the State. LOCAL AUTONOMY:
1. Province cluster of municipalities,
Elements of Public Corporation: or municipalities and component
1. legal creation or incorporation; cities, and serves as dynamic
2. corporate name; mechanism for developmental
3. inhabitants; and processes and effective governance
4. territory. of LGUs within its territorial
jurisdiction.
Classes of Corporation:
1. Quasi-corporation public 2. City composed of more urbanized
corporations created as agencies of and developed barangays, serves as
State for narrow and limited a general purpose government for
purposes. coordination and delivery of basic,
2. Municipal corporation body politic regular and direct services and
and corporate constituted by effective governance of inhabitants
incorporation of inhabitants of city within its territorial jurisdiction;
or town purposes of local
government thereof or as agency of 3. Municipality consisting of group of
State to assist in civil government of barangays, serves primarily as a
the country. general purpose government for
3. Quasi-public corporation private coordination and delivery of basic,
corporation that renders public regular and direct services and
service or supplies public wants. effective governance of inhabitants
within its territorial jurisdiction;
PUBLIC PRIVATE
CORPORATION CORPORATION 4. Barangay basic political unit which
serves as primary planning and
1. established for 1. created for private implementing unit of government
purposes of aim, gain or benefit policies, plans, programs, projects
administration of of members and activities in community, and as a
civil and local forum wherein collective views of
governments
people may be expressed,
2. creation of State 2. created by will of crystalized and considered and
either by special or incorporators with where disputes may be amicably
general act recognizance of State settled;

3. involuntary 3. voluntary 5. Autonomous Regions created for

consequence agreement by and decentralization of administration or
legislation among members decentralization of government; and

6. Special metropolitan political

III. DE FACTO MUNICIPAL subdivisions created for sole
CORPORATION purpose of coordination of delivery
of basic services.
Requisites:
1. valid law authorizing incorporation; Creation of Municipal Corporations
2. attempt in good faith to organize 1. For province, city or municipality,
under it; only by Act of Congress;
3. colorable compliance with law; and 2. For barangays, ordinance passed by
4. assumption of corporate powers. respective Sanggunian

IV. TERRITORIAL AND POLITICAL

POLITICAL LAW COMMITTEE

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

Plebiscite Requirement organization shall become vested in

approved by a majority of
the votes cast in a plebiscite
called for the purpose in the
political unit/s directly
affected (Sec. 10, R.A. 7160)
Based on verifiable
indicators of viability and
projected capacity to
provide services (Sec. 7, R.A.
7160) [Note: see Annex C]
Beginning of Corporate Existence
upon election and qualification
of its chief executive and
majority of members of its
Sanggunian, unless some other
time is fixed therefore by law or
ordinance creating it.
Mode of Inquiry to Legal
Existence of LGU: Quo warranto
which is reserved to State or
other direct proceedings
Abolition of LGU:
When income, population, or land
area of LGU has been reduced to less
than minimum standards prescribed
for its creation. The law or
ordinance abolishing LGU shall
specify the province, city,
municipality or barangay with which
LGU sought to be abolished will be
incorporated or merged.
Division and Merger of LGUs
shall comply with same
requirements, provided:
1. shall not reduce income, population
or land area of LGU concerned to
less than the minimum requirements
prescribed;
2. income classification of original LGU
shall not fall below its current
income classification prior to
division;
3. Plebiscite be held in LGUs affected.
4. Assets and liabilities of creation shall
be equitably distributed between
the LGUs affected and new LGU.
When municipal district of other
territorial divisions is converted or
fused into a municipality all property
rights vested in original territorial
government of municipality.
V. POWERS OF LGUs
Classification of Powers of Local
Government Units
1. Express, implied and inherent;
2. Public or governmental, private or
proprietary;
3. Intramural and extramural; and
4. Mandatory and directory; ministerial
and discretionary.
Governmental Powers of LGU:
1. General Welfare (Sec. 16, R.A.
7160) statutory grant of police
power to LGUs. It is limited to:
a. territoriality;
b. equal protection clause;
c. due process clause; and
d. must not be contrary to law.
2. Delivery of basic services and
facilities (Sec. 17, of R.A. 7160);
3. Power to generate and apply
resources (Sec. 18, of R.A. 7160);
4. Eminent Domain (Sec. 19, of R.A.
7160);
Additional Limitations for Exercise
by LGU:
a. exercise by local chief executive
pursuant to an ordinance;
b. for public use, purpose or
welfare for benefit of poor and
landless;
c. payment of just compensation;
and
d. only after valid and definite
offer had been made to, and not
accepted by owner.(Municipality
of Paraaque v. V.M. Realty
Corp., 292 SCRA 678)
5. Reclassification of Lands (Sec. 20
of RA 7160)
Limited by following percentage of
total agricultural land area:
a. for HUC and independent
component cities: 15%;
b. for component cities and 1st to
3rd class municipalities: 10% ;
and
c. for 4th to 6th class municipalities:
5%.
6. Closure and opening of roads (Sec.
21 of RA 7160)

POLITICAL LAW COMMITTEE

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

In case of permanent closure: Barangay Chairman has no

a. adequate provision for public veto power.
safety must be made; and Corporate Powers of LGU:
b. may be properly used or 1. to have continuous succession in its
conveyed for any purpose for corporate name;
which other real property may 2. to sue and be sued;
be lawfully used or conveyed; 3. to have and use a corporate seal;
provided no freedom park be 4. to acquire and convey real or
permanently closed without personal property;
provisions or transfer to new 5. power to enter into contracts;
site. Requisites of valid municipal
7. Local legislative power (Secs. 48- contracts:
59 of RA 7160) a. LGU has express, implied, or
Approval of ordinances: inherent power to enter into a
a. local chief executive with his particular contract;
signature on each and every b. Entered into by proper
page; department, board,
b. if local chief executive vetoes committee, or agent;
the same, may be overridden by c. Must comply with substantive
2/3 vote of all sanggunian requirements;
members; d. Must comply with formal
(i) grounds for veto: requirements; and
ordinance is ultra vires e. In case entered into by local
or prejudicial to public chief executive on behalf of
welfare; LGU, prior authorization by
(ii) local chief executive Sanggunian concerned is
may veto particular needed
item/s of appropriation 6. to exercise such other powers as
ordinance, adoption of granted to corporation, subject to
local development plan limitations provided in Local
and public investment Government Code of 1991 and other
plan, or ordinance laws.
directing payment of
money or creating VI. MUNICIPAL LIABILITY:
liability; and
(iii) local chief executive Rule: Local government units and their
may veto an ordinance officials are not exempt from liability for
only once; death or injury to persons or damage to
c. veto communicated to property (Sec. 24, R.A. 7160)
sanggunian within 15 days for 1. Statutory provisions on liability:
province and 10 days for city or a. Art. 2189, Civil Code defective
municipality. condition of roads, streets,
bridges, public buildings, and
Requisites for validity: other public works;
a. must not contravene the b. Art. 2180(6th par.), Civil Code
Constitution and any statute; acts through a special agent;
b. must not be unfair or oppressive; d. Art. 34, Civil Code failure or
c. must not be partial or refusal of a member of the
discriminatory; police force to render aid and
d. must not prohibit, but may protection in case of danger to
regulate trade; life and property
e. must not be unreasonable; and 2. for Tort depends if engaged in:
f. must be general in application a. governmental functions not
and consistent with public policy. liable;
b. proprietary functions liable

POLITICAL LAW COMMITTEE

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

3. for Violation of Law punishable by 1 year or more of

4. for Contracts if contract is:
a. intra vires liable;
b. ultra vires not liable
Doctrine of Implied Municipal
Liability a municipality may
become obligated upon an
implied contract to pay the
reasonable value of the benefits
accepted or appropriated by it
as to which it has the general
power to contract (Province of
Cebu v. IAC, 147 SCRA 447); the
doctrine applies to all cases
where money or other property
of a party is received under such
circumstances that the general
law, independent of an express
contract, implies an obligation
to do justice with respect to the
same (Nachura, Reviewer in
Political Law, p. 431)
VII. QUALIFICATION OF ELECTIVE
LOCAL OFFICIALS:
1. citizen of the Philippines;
2. registered voter of barangay,
municipality, city, province, or
district where he intends to be
elected;
3. resident therein for at least 1 year
preceding election;
4. able to read and write Filipino or
local language or dialect; and
5. age:
a. 23 years of age Governor, Vice
Governor, Board Member, Mayor,
Vice Mayor or Member of City
Council for HUCs.
b. 21 years of age Mayor or Vice
Mayor of ICCs, component cities
or municipalities;
c. 18 years of age members of
ICC or component city or
municipal council or punong
barangay or member
barangay council;
d. at least 15 but not 21 years of
age candidate for sanggunian
kabataan.
(Sec. 39, RA 7160)
imprisonment within 2 after service
of sentence;
2. those removed from office due to
administrative cases;
3. those convicted by final judgment
for violating oath of allegiance to
the Republic;
4. those with dual citizenship;
5. fugitives from justice in criminal or
non-political cases here or abroad;
6. permanent resident in foreign
country; and
7. insane or feeble-minded.(Sec.40,
RA.7160)
VIII. MANNER OF ELECTION
1. Elected at large
a. Governor; Vice Governor;
b. City or municipal mayor; City or
municipal vice-mayor;
c. Punong barangay,
d. SK chairman, elected by voters
of Katipunan ng Kabataan
2. Elected by District
a. regular members of Sanggunian
b. ex-officio members of
Sanggunian
(i.) panlalawigan
president of leagues of
sanggunian members of
component cities and
municipalities; and
president of liga ng mga
barangay and pederasyon
ng mga sanggunian
kabataan
(ii.) panlunsod
president of liga ng mga
barangay and the
pederasyon ng mga SB
(iii.) bayan
president of liga ng mga
barangay and the
of pederasyon ng mga
sanggunian kabataan
3. Sectoral representatives women,
worker, urban poor, and other
sectors allowed by law.

Disqualification of Elective Local Date of Election: Every 3 years on

Official: 2nd Monday of May, unless otherwise
1. sentenced by final judgment for provided by law.
offense involving moral turpitude or
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
26
MEMORY AID IN POLITICAL LAW

Term of Office: 3 years starting

from noon of June 30 next following
the election or such date as may be
provided by law, except that of
elective barangay officials, for
maximum of 3 consecutive terms in
same position.
Consecutive: After three
consecutive terms, an elective
local official cannot seek
immediate reelection for a
fourth term. The prohibited
election refers to the next
regular election for the same
office following the end of the
third consecutive term. Any
other subsequent election, like a
recall election is no longer
covered by the prohibition
(Socrates vs. Comelec, G.R. No.
154512, November 12, 2002).

IX. GROUNDS FOR DISCIPLINARY

ACTIONS:
1. disloyalty to the Republic;
2. culpable violation of the
Constitution;
3. dishonesty, oppression, misconduct
in office, gross negligence or
dereliction of duty;
4. commission of offense involving
moral turpitude or offense
punishable by at least prision mayor;
5. abuse of authority;
6. unauthorized absence for 15
consecutive working days except
sanggunian members;
7. application for, acquisition of ,
foreign citizenship or residence or
status of an immigrant of another
country; and
8. such other grounds as may be
provided in EC and other laws

Under Sec. 60 of RA 7160 an

elective local official may be
removed from office on the
grounds enumerated above
by order of the proper court
only (Salalima vs Guingona,
257 SCRA 55)

POLITICAL LAW COMMITTEE

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