Admin Elect

ADMINISTRATIVE LAW ii.
the regulation is a settlement of a controversy between

- Branch of public law that fixes the organization of the government specific parties; considered as an administrative adjudication
and determines competence of authorities who execute the law and (Cruz, Philippine Administrative Law, p.42 - 43); or
indicates to the individual remedies for the violations of his rights. iii. the administrative rule is in the nature of subordinate
legislation designed to implement a law by providing its details
I. ADMINISTRATIVE BODIES OR AGENCIES (CIR v. Court of Appeals, 261 SCRA 236).
b. publication
- A body, other than the courts and the legislature, endowed with 4. Reasonable
quasi-legislative and quasi-judicial powers for the purpose of enabling it to
carry out laws entrusted to it for enforcement or execution. Requisites for Validity of Administrative Rules With Penal Sanctions:
1. law itself must declare as punishable the violation of administrative
How Created: rule or regulation;
1. by constitutional provision; 2. law should define or fix penalty therefor; and
2. by legislative enactment; and 3. rule/regulation must be published.
3. by authority of law.
Doctrine of Subordinate Legislation power of administrative agency to
II. POWERS OF ADMINISTRATIVE promulgate rules and regulations on matters of their own specialization.
BODIES:
1.Quasi-legislative or rule-making power; Doctrine of Legislative Approval by Re-enactment - the rules and
2.Quasi-judicial or adjudicatory power; and regulations promulgated by the proper administrative agency implementing
3.Determinative powers. the law are deemed confirmed and approved by the Legislature when said
law was re-enacted by later legislation or through codification. The
A. QUASI-LEGISLATIVE OR RULE- Legislature is presumed to have full knowledge of the contents of the
MAKING POWER regulations then at the time of re-enactment.
In exercise of delegated legislative power, involving no discretion as to
what law shall be, but merely authority to fix details in execution or QUASI-LEGISLATIVE QUASI-
enforcement of a policy set out in law itself. FUNCTIONS JUDICIAL FUNCTIONS
Kinds:
1. Legislative regulation
a. Supplementary or detailed legislation, e.g. Rules and 1. consists of issuance of 1. refers to its end
Regulations Implementing the Labor Code; rules and regulations product called order,
b. Contingent regulation reward or decision
2. Interpretative legislation, e.g. BIR Circulars
2. general applicability 2. applies to a specific
Requisites for valid exercise: situation
1. Issued under authority of law;
3. prospective; it envisages 3. present determination
the promulgation of a of rights, privileges or
rule or regulation duties as of previous or
2. Within the scope and purview of the law; generally applicable in present time or
3. Promulgated in accordance with the prescribed procedure: the future occurrence
a. notice and hearing generally, 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;
B. QUASI-JUDICIAL OR ADJUDICATORY POWER

Proceedings partake of nature of judicial proceedings. 2. By virtue of power of control of President, President himself or through
Administrative body granted authority to promulgate its own rules Department Head may affirm, modify, alter, or reverse administrative
of procedure. decision of subordinate.
3. Appellate administrative agency may conduct additional hearing in
Two necessary conditions: appealed case, if deemed necessary.
1. due process; and
2. jurisdiction Res judicata effect of Administritve Decisions
- has the force and binding effect of a final judgment (note: applies only to
Includes the following powers: judicial and quasi judicial proceedings not to exercise of administrative
1. Prescribe rules of procedure functions, Brillantes vs. Castro 99 Phil. 497)
2. Subpoena power
3. Contempt Power C. DETERMINATIVE POWERS
1. enabling permit the doing of an act which the law undertakes to
Administrative Due Process: regulate;
1. right to a hearing; 2. directing order the doing or performance of particular acts to ensure
2. tribunal must consider evidence presented; compliance with the law and are often exercised for corrective
3. decision must have something to support itself; purposes
4. evidence must be substantial; 3. dispensing to relax the general operation of a law or to exempt from
5. decision must be based on evidence adduced at hearing or at least general prohibition, or relieve an individual or a corporation from an
contained in the record and disclosed to parties; affirmative duty;
6. board of judges must act on its independent consideration of facts and 4. examining - also called investigatory power;
law of the case, and not simply accept view of subordinate in arriving 5. summary power to apply compulsion or force against persons or
at a decision; and property to effectuate a legal purpose without judicial warrants to
7. decision must be rendered in such a manner that parties to controversy authorize such actions.
can know various issues involved and reason for decision rendered.(Ang
Tibay vs CIR, 69 Phil 635) III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Substantial Evidence relevant evidence as a reasonable mind might Whenever there is an available administrative remedy provided by
accept as adequate to support a conclusion. law, no judicial recourse can be made until all such remedies have
been availed of and exhausted.
Administrative Determinations Where Notice and Hearing Not Necessary: 1. Doctrine of Prior Resort or (Doctrine of Primary Administrative
1. summary proceedings of distraint and levy upon property of delinquent Jurisdiction) where there is competence or jurisdiction vested upon
taxpayer; administrative body to act upon a matter, no resort to courts may be
2. grant of provisional authority for increase of rates, or to engage in made before such administrative body shall have acted upon the
particular line of business; matter.
3. cancellation of passport where no abuse of discretion is committed; 1. Doctrine of Finality of Administrative Action no resort to courts will
4. summary abatement of nuisance per se which affects safety of persons be allowed unless administrative action has been completed and there
or property; is nothing left to be done in administrative structure.
5. preventive suspension of officer or employee pending investigation; 2. Judicial Relief from Threatened Administrative Action courts will
and not render a decree in advance of administrative action and thereby
6. grant or revocation of licenses for permits to operate certain render such action nugatory. It is not for the court to stop an
businesses affecting public order or morals. administrative officer from performing his statutory duty for fear he
will perform it wrongly.
Administrative Appeal or Review
1. Where provided by law, appeal from administrative determination may
be made to higher or superior administrative officer or body.
Effect of Failure to Exhaust Administrative Remedies: as a general rule, Exceptions to the Rule:
jurisdiction of the court is not affected but the complaint is vulnerable to 1. factual findings not supported by evidence;
dismissal due to lack of cause of action. 2. findings are vitiated by fraud, imposition or collusion;
Exceptions to the Doctrine: 3. procedure which led to factual findings is irregular;
1. doctrine of qualified political agency (when the respondent is a 4. palpable errors are committed; and
department secretary whose acts as an alter ego of the President bears 5. grave abuse of discretion, arbitrariness or capriciousness is manifest.
the implied and assumed approval of the latter); except where law
expressly provides exhaustion; Brandeis Doctrine of Assimilation of Facts one purports to be
2. administrative remedy is fruitless; finding of fact but is so involved with and dependent upon a
3. where there is estoppel on part of administrative agency; question of latter,courts will review the entire case including the
4. issue involved is purely legal; latter. law as to be in substance and effect a decision on the .
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 finding body is unduly restricted by an
error of law.
Modes of review:
1. Statutory;
2. Non-statutory inherent power of the court to review such
proceedings upon questions of jurisdiction and questions of law;
3. Direct proceeding;
4. Collateral attack.
General Rule: Findings of facts of Administrative Agencies accorded great

weight by the Courts.
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 1. may refer to endowments, qualities or attributes which make an
period, either fixed by law or enduring at pleasure of creating power, and individual eligible for public office;
individual is vested with some sovereign functions of government to be 2. may refer to the act of entering into performance of functions of public
exercised by him for the benefit of the public.(Fernandez vs Sto Tomas, 234 office.
SCRA 546)
Authority to prescribe qualification:
Elements of Public Office: (LSDIP) 1. when prescribed by Constitution, ordinarily exclusive, the legislature may
1. created by law or ordinance authorized by law; not increase or reduce qualifications except when Constitution itself
2. possess sovereign functions of government to be exercised for public provides otherwise as when only minimum or no qualifications are
interests; prescribed( ex: Art XIII Sec 17 (2), Art VIII Sec 7 (2) Consti) ;
3. functions defined expressly or impliedly by law; 2. when office created by statute, Congress has generally plenary power to
4. functions exercised by an officer directly under control of law, not under prescribe qualification but such must be:
that of a superior officer unless they are functioned conferred by law upon a. germane to purpose of office; and
inferior officers, who by law, are under control of a superior; (duties b. not too specific so as to refer to only one individual.
performed independently) and
5. with permanency or continuity, not temporary or occasional. III. DE FACTO OFFICERS
- one who has reputation of being an officer that he assumes to be, and yet is
Characteristics: not an officer in point of law.
-Public office is a public trust.
-Public office is not property and is outside the commerce of man. It cannot be - a person is a de facto officer where the duties of the office are exercised
subject of a contract. (Cruz, Law on Public Officers, p.5) under any of the following circumstances:
1. Without a known appointment or election, but under such circumstances
II. PUBLIC OFFICERS of reputation or acquiescence as were calculated to induce people,
- individuals vested with public office without inquiry, to submit to or invoke his action, supposing him to the
be the officer he assumed to be; or
Classification of Public Officers: 2. Under color of a known and valid appointment or election, but where the
1. Executive, legislative and judicial officers; officer has failed to conform to some precedent requirement or
2. Discretionary or ministerial officers; condition (e.g., taking an oath or giving a bond);
3. Civil or military officers; 3. Under color of a known election or appointment, void because:
4. Officers de jure or de facto; and a. the officer was not eligible;
5. National, provincial or municipal officials
b. there was a want of power in the electing or appointing body;
c. there was a defect or irregularity in its exercise;
such ineligibility, want of power, or defect being unknown to the
Eligibility and qualification: public.
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,
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4. Under color of an election or an appointment by or pursuant to a public,
unconstitutional law, before the same is adjudged to be such. DE FACTO INTRUDER
OFFICER
Note: Here, what is unconstitutional is not the act creating the office, but the
act by which the officer is appointed to an office legally existing. (Norton v. 1. officer under 1. one who takes
County of Shelby) any of the 4 possession of an
circumstances office and
mentioned undertakes to
Requisites:
act officially
1. valid existing office; without any
2. actual physical possession of said office; authority, either
3. color of title to office; actual or
4. by reputation or acquiescence; apparent
5. known or valid appointment or election but officer failed to conform with
legal requirements;
6. known appointment or election but void because of ineligibility of officer or 2. has color of 2. has neither
want of authority of appointing or electing authority or irregularity in right or title to lawful title nor
appointment or election not known to public; and office color of right or
title to office
7. known appointment or election pursuant to unconstitutional law before
declaration of unconstitutionality.
3. acts are valid as 3. acts are
DE JURE DE FACTO to the public absolutely void
OFFICER OFFICER until such time and can be
as his title to impeached in
1. rests on the 1. on reputation the office is any proceeding
right adjudged at any time
insufficient unless and until
2. has lawful or 2. has possession he continues to
title to the and performs the act for so long a
office duties under time as to afford
color of right a presumption of
without being his right to act
technically
qualified in all 4. entitled to 4. not entitled to
points of law to compensation compensation
act for services
rendered
3. cannot be 3. may be ousted in
removed in a a direct
direct proceeding Legal Effects of Acts
proceeding against him. - valid insofar as they affect the public

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Entitlement to Salaries the interest of the service and there is no appropriate register of those
General Rule: rightful incumbent may recover from de facto officer salary who are eligible at the time of appointment;
received by latter during time of wrongful tenure even though latter is in 4. Regular made by President while Congress is in session and becomes
good faith and under color of title.(Monroy v. CA, 20 SCRA 620) effective after nomination is confirmed by the Commission on
Exception: when there is no de jure public officer, de facto officer entitled to Appointments and continues until the end of term; and
salaries for period when he actually discharged functions.(Civil Liberties 5. Ad-interim
Union v. Exec. Sec., 194 SCRA 317) a. Recess -- made while Congress is not in session, before confirmation,
Challenge to a De Facto Officer: must be in a direct proceeding where the title is immediately effective, and ceases to be valid if disapproved or
will be the principal issue bypassed by CA upon next adjournment of Congress;
b. Midnight made by the President before his term expires, whether
IV. COMMENCEMENT OF OFFICIAL RELATIONS: or not this is confirmed by the Commission on Appointments.
1. by appointment; or
2. by election
Regular Ad interim
Appointment selection, by authority vested with power, of individual who is to appointment appointment
perform functions of a given office. Made during the Made during the
Essentially a discretionary power and must be performed by the officer legislative recess
session
in which it is vested according to his best lights, the only condition
Made only after Made before
being that the appointee should possess the minimum qualification the nomination such
requirements prescribed by law for the position (Nachura, Reviewer in is confirmed by confirmation
Political Law, p. 305) the Commission
on Appointments
Commission written evidence of appointment. (CA)
Once confirmed Shall cease to be
Designation imposition of additional duties, usually by law, on a person by the CA valid if
already in public office. continues until t disapproved by
he end of the the CA or upon
term of the the next
Classification of Appointments: appointee adjournment
1. Permanent extended to person possessing requisite qualification for
the position and thus enjoys security of tenure;
Nepotism all appointments in the national, provincial, city and municipal
2. Temporary acting appointment, given to a non-civil service eligible is
governments or in any branch or instrumentality thereof, including GOCC,
without a definite tenure and is dependent upon the pleasure of the
made in favor of a relative of the (1) appointing or (2) recommending
appointing power;
authority or of the (3) chief of the bureau or office or of the (4) persons
3. Provisional- is one which may be issued upon prior authorization of the
exercising immediate supervision over him. A relative is one within the 3 rd
Commissioner of Civil service in accordance with the provisions of the
degree either of consanguinity or affinity
Civil Service Law and the rule and standards to a person who has no t
qualified in an appropriate examination but who otherwise meets the
requirements for appointment to a regular position in the competitive
service, whenever a vacancy occurs and the filling thereof is necessary in
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Vacancy when an office is empty and without a legally qualified incumbent Threefold Liability Rule wrongful acts or omissions of public officers may
appointed or elected to it with a lawful right to exercise its powers and give rise to civil, criminal, and administrative liability. (CAC liability rule)
performs its duties.
Liability of Ministerial Officers:
Classifications of vacancy: 1. Nonfeasance neglect or refusal to perform an act which is officers legal
1. original when an office is created and no one has been appointed obligation to perform;
to fill it; 2. Misfeasance failure to use that degree of care, skill and diligence required
2. constructive when the incumbent has no legal right or claim to in the performance of official duty; and
continue in office and can be legally replaced by another 3. Malfeasance doing, through ignorance, inattention or malice, of an act
functionary; which he had no legal right to perform.
3. accidental when the incumbent having died, resigned, or been
removed; Doctrine of Command Responsibility
4. absolute when the term of an incumbent having expired and the A superior officer is liable for acts of a subordinate when: (ERCAL)
latter not having held over, no successor is in being who is legally 1. he negligently or willfully employs or retains unfit or incompetent
qualified to assume the office. subordinates;
2. he negligently or willfully fails to require subordinate to conform to
V. POWERS AND DUTIES OF A prescribed regulations;
PUBLIC OFFICER: 3. he negligently or carelessly oversees business of office as to furnish
1. Ministerial discharge is imperative and requires neither judgment nor subordinate an opportunity for default;
discretion, mandamus will lie; and 4. he directed or authorized or cooperated in the wrong; or
2. Discretionary imposed by law wherein officer has right to decide how and 5. law expressly makes him liable.
when duty shall be performed, mandamus will not lie.
Under the Revised Admin. Code of 1987, A Superior Officer shall be liable for
II. LIABILITY OF PUBLIC OFFICER acts of subordinate officers only if he has actually authorized be written
order the specific act or misconduct complained.
General Rule: not liable for injuries sustained by another as a consequence of
Subordinate officers are also liable for willful or negligent acts even if he
official acts done within the scope of his authority, except as otherwise provided
acted under orders if such acts are contrary to law, morals, public policy and
by law.
good customs
A Public Officer shall not be civilly liable for acts done in the performance
of his duties Preventive Suspension
- a precautionary measure so that an employee who is formally charged
of an offense may be separated from the scene of his alleged misfeasance while
Exceptions: the same is being investigated (Bautista v. Peralta, 18 SCRA 223)
1. statutory liability under the Civil Code (Arts. 27, 32 and 34);
2. When there is a clear showing of bad faith, malice or negligence - need not be preceded by prior notice and hearing since it is not a penalty
(Administrative Code of 1987); but only a preliminary step in an administrative investigation (Lastimosa v.
3. liability on contracts; and Vasquez, 243 SCRA 497)
4. liability on tort .

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- the period of preventive suspension cannot be deducted from whatever e. duration the administrative investigation must be terminated within 90
penalty may be imposed upon the erring officer (CSC Resolution No. 90-1066) days; otherwise, the respondent shall be automatically reinstated unless
the delay in the disposition of the case is due to the fault, negligence or
petition of the respondent, in which case the period of delay shall not be
PENDING PENDING counted in computing the period of suspension.
INVESTIGATION APPEAL
[Sec.51, E.O.292] [Sec.27(4), E.O. A Presidential Appointee:
292] a. can only be investigated and removed from office after due notice and
hearing by the President of the Philippines under the principle that the
1. not a penalty 1. Punitive in power to remove is inherent in the power to appoint as can be implied
but only a means character from Sec. 5, R.A.2260 (Villaluz v. Zaldivar, 15 SCRA 710).
of enabling the b. the Presidential Commission Against Graft and Corruption (PCAGC) shall
disciplinary have the power to investigate administrative complaints against
authority to
presidential appointees in the executive department of the government,
conduct an
unhampered
including GOCCs charged with graft and corruption involving one or a
investigation. combination of the following criteria:
i. presidential appointees with the rank equivalent to or higher than an
2. no compensation 2. If exonerated, he Assistant Regional Director;
due for the should be ii. amount involved is at least P10M;
period of reinstated with iii. those which threaten grievous harm or injury to the national
suspension even full pay for the interest; and
if found innocent period of iv. those which may be assigned to it by the President (E.O. No. 151 and
of the charges. suspension. 151-A).
2. Elective Officials: (Sec 63, R.A. 7160)
Rules on Preventive Suspension: a. by whom against whom
i. President elective official of a province, a highly urbanized or an
1. Appointive Officials independent component city;
Not a Presidential Appointee (Secs. 41-42, P.D. 807): ii. Governor elective official of a component city or municipality;
a. by whom the proper disciplining authority may preventively suspend; iii. Mayor elective official of a barangay
b. against whom any subordinate officer or employee under such b. when at any time after the issues are joined;
authority; c. grounds:
c. when pending an investigation; i. reasonable ground to believe that the respondent has committed the
d. grounds if the charge against such officer or employee involves: act or acts complained of;
i. dishonesty; ii. evidence of culpability is strong;
ii. oppression or grave misconduct; iii. gravity of the offense so warrants;
iii. neglect in the performance of duty; or iv. continuance in office of the respondent could influence the
iv. if there are reasons to believe that respondent is guilty of the witnesses or pose a threat to the safety and integrity of the records
charges which would warrant his removal from the service and other evidence
d. duration:
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i. single administrative case not to extend beyond 60 days; coupled with a claim for reinstatement and subject to the prescriptive
ii. several administrative cases not more than 90 days within a single period of one (1) year. (Cruz, Law on Public Officers, p126-126)
year on the same ground or grounds existing and known at the time
of the first suspension Forms of Compensation:
- Section 24 of the Ombudsman Act (R.A. 6770) expressly provide that a. salary personal compensation to be paid to public officer for his
the preventive suspension shall continue until the case is terminated by services and it is generally a fixed annual or periodical payment
the Office of the Ombudsman but not more than 6 months without pay. depending on the time and not on the amount of the service he may
The preventive suspension for 6 months without pay is thus according to render;
law (Lastimosa v. Vasquez, 243 SCRA 497) b. per diem allowance for days actually spent in the performance of
- R.A. 3019 makes it mandatory for the Sandiganbayan to suspend, for a official duties;
maximum period of 90 days unless the case is decided within a shorter c. honorarium something given as not as a matter of obligation, but
period, any public officer against whom a valid information is filed in appreciation for services rendered;
charging violation of: d. fee payment for services rendered or on commission on moneys
1. R.A. 3019; officially passing through their hands; and
2. Book II, Title 7, Revised Penal Code; or e. emoluments profits arising from the office, received as
3. offense involving fraud upon government or public funds or property compensation for services or which is annexed to the office as
(Cruz, The Law of Public Officers, pp. 86-87) salary, fees, or perquisites.
VII. RIGHTS OF PUBLIC OFFICERS: 3. Right to Preference in Promotion

Promotion movement from one position to another with increase in
1. Right to Office just and legal claim to exercise powers and responsibilities duties and responsibilities as authorized by law and usually accompanied
of the public office. by an increase in pay.
Term period during which officer may claim to hold office as a
right. 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
Tenure period during which officer actually holds office. appointing authority still exercises his discretion and is not bound by this
rule.
2. Right to Salary
Basis: legal title to office and the fact the law attaches compensation Appointing officer is only required to give special reasons for not
to the office. appointing officer next in rank if he fills vacancy by promotion in
Salary compensation provided to be paid to public officer for his disregard of the next in rank rule. (Pineda vs. Claudio, 28 SCRA 34)
services.
Preventive Suspension public officer not entitled during the period of Automatic Reversion Rule all appointments involved in chain of
preventive suspension, but upon exoneration and reinstatement he must promotions must be submitted simultaneously for approval by the
be paid full salaries and emoluments during such period. Commission, the disapproval of the appointment of a person proposed to
a higher position invalidates the promotion of those in the lower positions
Back salaries are also payable to an officer illegally dismissed or and automatically restores them to their former positions.
otherwise unjustly deprived of his office the right to recover accruing
from the date of deprivation. The claim for back salaries must be 4. Right to vacation leave and sick leave with pay;

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5. Right to maternity leave; 12. failure to assume elective office within 6 months from proclamation;
13. conviction of a crime; and
6. Right to pension and gratuity; 14. filing of certificate of candidacy.
Pension regular allowance paid to an individual or a group of
individuals by the government in consideration of services rendered or in When public officer holds office at pleasure of appointing power, his
recognition of merit, civil or military. replacement amounts to expiration of his term, not removal.(Alajar vs Alba,
Gratuity a donation and an act of pure liberality on the part of the 100 Phil 683)
State.
Principle of Hold-Over if no express or implied Constitutional or statutory
7. Right to retirement pay; provision to the contrary, public officer is entitled to hold office until successor
has been chosen and shall have qualified.
8. Right to reimbursement for expenses incurred in performance of duty; Purpose: to prevent hiatus in public office. (But subject to Art. 237 of RPC)
9. Right to be indemnified against any liability which they may incur in bona Retirement:
fide discharge of duties; and
Members of Judiciary : 70 years of age
10. Right to longevity pay. Other government officers and employees : 65 years of age
Optional retirement age: after rendition of minimum number of years of
11. Right to Self-Organization service.
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 Accepting Authority for Resignation:
SCRA 686) 1. to competent authority provided by law;
2. If law is silent and public officer is appointed, tender to appointing officer;
3. If law is silent and public officer is elected, tender to officer authorized by
VIII. MODES OF TERMINATION law to call election to fill vacancy:
OFFICIAL RELATIONSHIP: a. President and Vice-President - Congress
(TR3A3P DIFC2IT) b. Members of Congress - respective Chambers
1. expiration of term or tenure; e. Governors, Vice Governors, Mayors and Vice Mayors of HUCs and
2. reaching the age limit; independent component cities - President.
3. resignation; f. Municipal Mayors and Vice Mayors/City Mayors and Vice Mayors of
4. recall; component cities - Provincial Governor;
5. removal; g. Sanggunian Members Sanggunian concerned; and
6. abandonment; h. Elective Barangay Officials Municipal or City Mayors
7. acceptance of incompatible office;
8. abolition of office; Recall - termination of official relationship for loss of confidence prior to
9. prescription of right to office (within one year after the cause of ouster or expiration of his term through the will of the people.
the right to hold such office or position arose);
10. impeachment; Limitations on Recall:
11. death;
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1. any elective official may be subject of a recall election only once during his 3. Election on Recall COMELEC shall set the date of the election on recall:
term of office for loss of confidence; and a. for barangay, city or municipal officials not later than 30 days after the
2. no recall shall take place within one year from date of the officials filing of the resolution or petition;
assumption to office or one year immediately preceding a regular local b. for provincial officials - not later than 45 days after the filing of the
election. resolution or petition;
4. Effectivity of Recall only upon the election and proclamation of a successor
Procedure for Recall (Secs. 70-72, R.A. 7160) in the person of the candidate receiving the highest number of votes cast
1. Initiation of the Recall Process: during the election on recall.
a. by a Preparatory Recall Assembly (PRA) composed of: Should the official sought to be recalled receive the highest number of
i. Provincial mayors, vice mayors and sanggunian (sg) members of the votes, confidence in him is thereby affirmed, and he shall continue in
municipalities and component cities; office.
ii. City punong barangay and (sg) barangay members;
iii. Legislative District:
iiia. SG Panlalawigan municipal officials in the district;
iiib. SG Panglunsod barangay officials in the district;
iv. Municipal - punong barangay and (sg) barangay members;
majority of the PRA members shall convene in session in a public
place;
recall of the officials concerned shall be validly initiated through a
resolution adopted by a majority of all the PRA members concerned
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 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

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ELECTION LAW
I.SUFFRAGE the election is suspended. In the third instance, circumstances

- right to vote in election of officers chosen by people and in the attending the preparation, transmission, custody or canvass of the
determination of questions submitted to people. It includes: election returns cause a failure to elect. The term failure to elect
1.election; means nobody emerged as a winner. (Pasandalan vs. Comelec, G.R.
2.plebiscite; No. 150312, July 18, 2002)
3.initiative; and The causes for the declaration of a failure of election may occur
4.referendum. before or after the casting of votes or on the day of the election.
(Sec. 4, R.A. 7166)
Election means by which people choose their officials for a definite and The COMELEC shall call for the holding or continuation of the
fixed period and to whom they entrust for time being the exercise of powers election on a date reasonably close to the date of the election not
of government. held, suspended, or which resulted in a failure to elect but not later
Kinds: than 30 days after the cessation of the cause of such suspension or
1. Regular election one provided by law for election of officers either failure to elect. (Sec. 6, B.P. 881)
nationwide or in certain subdivisions thereof, after expiration of full In such election, the location of polling places shall be the same as
term of former members; and that of the preceding regular election. However, changes may be
2. Special election one held to fill vacancy in office before expiration of initiated by written petition of the majority of the voters of the
full term for which incumbent was elected. precinct or agreement of all the political parties or by resolution of
the Comelec after notice and hearing. (Cawasa vs. Comelec, G.R.
Failure of Elections there are only 3 instances where a failure of No. 150469, July 3, 2002)
elections may be declared, namely:
a. The election in any polling place has not been held on the date fixed Postponement of Elections - An election may be postponed by the COMELEC
on account of force majeure, violence, terrorism, fraud, or other either motu proprio or upon a verified petition by any interested party when
analogous causes; there is violence, terrorism, loss or destruction of election paraphernalia or
b. The election in any polling place had been suspended before the records, force majeure, or other analogous cause of such a nature that the
hour fixed by law for the closing of the voting on account of force holding of a free, orderly and honest election becomes impossible in any
majeure, violence, terrorism, fraud, or other analogous causes; and political subdivision. (Sec. 5, B.P. 881)
c. After the voting and during the preparation and transmission of the
election returns or in the custody or canvass thereof such election The COMELEC shall call for the holding of the election on a date
results in a failure to elect on account of force majeure, violence, reasonably close to the date of the election not held, suspended, or
terrorism, fraud or other analogous causes. (Joseph Peter Sison v. which resulted in a failure to elect but not later than 30 days after the
COMELEC, G.R. No. 134096, March 3, 1999) cessation of the cause for such postponement or suspension of the
election or failure to elect. (Sec. 5, B.P. 881)
What is common in these three instances is the resulting failure to
elect. In the first instance, no election is held while in the second, Qualification for Suffrage:
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1. Filipino citizen;
2. At least 18 years of age; Grounds for Cancellation of
3. Resident of the Philippines for at least one year; Registration:
4. Resident of place where he proposes to vote for at least 6 months; and
5. Not otherwise disqualified by law. 1. accepting financial contributions from foreign governments or their agencies;
and
Disqualification: 2. failure to obtain at least 10% of votes casts in constituency where party
1. person convicted by final judgment to suffer imprisonment for not less than fielded candidates.
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 Party System a free and open party system shall be allowed to evolve
reacquired upon expiration of 5 years after service of sentence; and according to free choice of people.
3. insane or incompetent persons as declared by competent authority (Sec. no votes cast in favor of political party, organization or coalition shall be
118, OEC). valid except for those registered under the party-list system provided in
the Constitution;
II. POLITICAL PARTY
- organized group of citizens advocating an ideology or platform, principles
political parties registered under party-list system shall be entitled to
appoint poll watchers in accordance with law; and
and policies for the general conduct of government and which, as the most
immediate means of securing their adoption, regularly nominates and supports part-list representatives shall constitute 20% of total number of
certain of its leaders and members as candidate in public office. (Bayan Muna v. representatives in the House.
Comelec, GR No. 147613, June 28, 2001)
Guidelines for screening party-list participants
To acquire juridical personality and to entitle it to rights and privileges 1. The political party, sector, organization or coalition must represent the
granted to political parties, it must be registered with COMELEC marginalized and underrepresented groups identified in Sec. 5 of RA 7941.
Majority of its member-ship should belong to the marginalized and
policies for the general conduct of government and which, as the most underrepresented;
immediate means of securing their adoption, regularly nominates and 2. While even major political parties are expressly allowed by RA 7941 and the
supports certain of its leaders and members as candidate in public Constitution, they must comply with the declared statutory policy of
office. (Bayan Muna v. Comelec, GR No. 147613, June 28, 2001) Filipino citizens belonging to marginalized and under-represented sectors to
be elected to the House of Representatives. Thus, they must show that
To acquire juridical personality and to entitle it to rights and privileges they represent the interest of the marginalized and underrepresented.
granted to political parties, it must be registered with COMELEC. 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
Groups Disqualified for Registration: religious sect but the indigenous community sector;
1. religious denominations or sects; 4. A party or an organization must not be disqualified under Sec. 6, RA 7941 as
2. those who seek to achieve their goals through violence or unlawful means; follows:
3. those who refuse to uphold and adhere to Constitution; and a. it is a religious sect or denomination, organization or association
4. those supported by foreign governments. organized for religious purposes;

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b. it advocates violence or unlawful means to seek its goals; CANDIDATES:
c. it is a foreign party or organization; 1. declared as incompetent or insane by competent authority;
d. it is receiving support from any foreign government, foreign political 2. convicted by final judgment for subversion, insurrection, rebellion or any
party, foundation, organization, whether directly or through any of its offense for which he has been sentenced to a penalty of 18 months
officers or members or indirectly through third parties for partisan imprisonment;
election purposes; 3. convicted by final judgment for crime involving moral turpitude;
e. it violates or fails to comply with laws, rules or regulation relating to 4. any person who is permanent resident of or immigrant to a foreign country;
elections; and
f. it declares untruthful statements in its petition; 5. one who has violated provisions on:
g. it has ceased to exist for at least one (1) year; or a. campaign period;
h. it fails to participate in the last two (2) preceding elections or fails to b. removal, destruction of lawful election propaganda;
obtain at least two per centum (2%) of the votes cast under the party-list c. prohibited forms of propaganda;
system in two (2) preceding elections for the constituency in which it has d. regulation of propaganda through mass media; and
registered. e. election offenses.
5. the party or organization must not be an adjunct of, or a project organized
or an entity funded or assisted by, the government. - When a candidate has not yet been disqualified by final judgment during
6. the party, including its nominees must comply with the qualification the election day and was voted for, the votes cast in his favor cannot be
requirements of section 9, RA 7941 as follows: No person shall be declared stray. To do so would amount to disenfranchising the electorate in
nominated as party-list representative unless he is: (a) natural-born citizen whom sovereignty resides. (Codilla vs. Hon. Jose De Venecia, G.R. No.
of the Philippines; (b) a registered voter; (c) a resident of the Philippines for 150605, December 10, 2002)
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 Nuisance Candidate
organization which he seeks to represent for at least 90 days preceding the COMELEC may motu propio or upon petition of interested party,
day of the election; and (f) at least 25 years of age on the day of the refuse to give due course to or cancel certificate of candidacy if
election. In case of a nominee of the youth sector, he must at least be shown that said certificate was filed:
twenty five (25) but not more than thirty (30) years of age on the day of the 1. to put election process in mockery or disrepute;
election. Any youth sectoral representative who attains the age of thirty 2. to cause confusion among voters by similarity of names of registered
(30) during his term shall be allowed to continue in office until the candidates;
expiration of his terms; 3. by other circumstances or acts which demonstrate that a candidate has no
bona fide intention to run for office for which certificate has been filed, and
thus prevent a faithful determination of true will of electorate.
7. not only the candidate party or organization must represent marginalized
and underrepresented sectors, so also must its nominees; IV. FAIR ELECTIONS ACT OF 2001 (RA 9006)
8. while lacking the a well-defined political constituency, the nominee must
likewise be able to contribute to the formation and enactment of Lawful election Propaganda (sec. 3):
appropriate legislation that will benefit the nation as a whole. (Ang Bagong
Bayani-OFW Labor Party, v. COMELEC, GR No. 147589, June 26, 2001). 1. Written/Printed Materials (does not exceed 8 in. width by 14 in. length)
2. Handwritten/printed letters
III. DISQUALIFICATION OF 3. Posters (not exceeding 2 x 3 ft.)
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3 by 8 ft. allowed in announcing, at the site and on the occasion of a Election Survey
public meeting or rally, may be displayed 5 days before the date of The SC held that Sec. 5.4 of the Fair Election Act prohibiting publication of
rally but shall be removed within 24 hours after said rally. survey results 15 days immediately preceding a national election and 7 days
4. Print Ads before a local election violates the constitutional rights of speech,
page in broadsheets and page in tabloids thrice a week per expression, and the press because:
newspaper, magazine or other publication during the campaign it imposes a prior restraint on the freedom of expression;
period It is a direct and total suppression of a category of expression even
5. Broadcast Media (i.e. TV and Radio) though such suppression is only for a limited period; and
the governmental interest sought to be promoted can be achieved by
NATIONAL LOCAL means other than the suppression of freedom of expression. (Social
POSITIONS POSITIONS Weather Station v. Comelec, G.R. No. 147571 May 5, 2001)
1. 120 minutes 1. 60 minutes Substituted and Substitute Candidate

for TV for TV - In case of valid substitutions after the officials ballots have been
printed, the votes cast for the substituted candidates shall be considered as
2. 180 minutes 2. 90 minutes stray votes but shall not invalidate the whole ballot. For this purpose, the
for Radio for Radio official ballots shall provide for spaces where the voters may write the name of
the substitute candidates if they are voting for the latter: Provided, however,
Prohibited Campaign That if the substitute candidate is of the same family name, this provision shall
1. Public exhibition of movie, cinematograph or documentary portraying the not apply.(Sec.12)
life or biography of a candidate during campaign period;
2. Public exhibition of a movie, cinematograph or documentary portrayed by an V. PRE-PROCLAMATION
actor or media personality who is himself a candidate; CONTROVERSY
3. Use of airtime for campaign of a media practitioner who is an official of a Any question pertaining to or affecting proceedings of Board of
party or a member of the campaign staff of a candidate or political party; Canvassers which may be raised by any candidate or by a registered
political party or coalition of political parties before the board or
Limitation on Expenses: directly with COMELEC or any matter raised under Sections 233, 234,
1. for candidates: 235, and 236, in relation to preparation, transmission, receipt, custody
President and Vice President = P10/voter; and appreciation of election returns.
Other candidates, if with party = P3/voter;
Other candidates, if without party = P5/voter. Issues which may be raised in a Pre-Proclamation Controversy:
2. for political parties = P5/voter 1. Illegal composition or proceedings of the board of Canvassers;
2. Canvassed election returns are incomplete, contain material defects,
Statement of Contribution and Expenses appears to be tampered with or falsified; or contain discrepancies in the
same returns or in other authentic copies thereof as mentioned in Sec.
every candidate and treasurer of political party shall, within 30 days after 233,234,235 and 236 of BP 881;
day of election, file offices of COMELEC the full, true and itemized 3. Election returns were prepared under duress, threat, coercion, or
statement of all contribution and expenditures in connection with election. intimidation, or they are obviously manufactured or not authentic; and

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4. When substitute of fraudulent returns in controverted polling places were 1. For decisions of RTC and MTC
canvassed, the results of which materially affected the standing of the appeal to COMELEC whose decision shall be final and executory;
aggrieved candidate/s. 2. For decisions of COMELEC
petition for review on Certiorari with SC within 30 days from receipt of
decision on ground of grave abuse of discretion amounting to lack or
excess of jurisdiction or violation of due process;
III. ELECTION CONTESTS
3. For decisions of Electoral Tribunal
Nature: special summary proceeding object of which is to expedite settlement petition for review on Certiorari with SC on ground of grave abuse of
of controversies between candidates as to who received majority of legal votes. discretion amounting to lack or excess of jurisdiction or violation of due
Purpose: to ascertain true will of people and duly elected officer, and this could process.
be achieved by throwing wide open the appeal before the court.
Actions Which May Be Filed:
Contest: any matter involving title or claim of title to an elective office, made 1. Election Protest
before or after proclamation of winner, whether or not contestant is claiming - May be filed by any candidate who has filed a certificate of candidacy and
office in dispute. has been voted upon for the same officer;
Election, Returns and qualification refers to all matters affecting validity of Grounds:
the contestees title to the position. a. fraud;
b. terrorism;
Election conduct of the polls, including the registration of voters, holding c. irregularities; or
of election campaign, and casting and counting of votes. d. illegal acts
committed before, during, or after casting and counting of votes
Returns include the canvass of returns and proclamation of winners, Time to file: within 10 days from proclamation of results of election.
together with questions concerning composition of Board of Canvassers and
authenticity of election returns. 2. Quo warranto
- Filed by any registered voter in the constituency
Qualifications matter which could be raised in a quo warranto proceedings
against the proclaimed winner, such as his disloyalty to the Republic or his Grounds:
ineligibility or inadequacy of his certificate of candidacy. a. ineligibility; or
b. disloyalty to Republic.
Original Exclusive Jurisdiction Over Election Contests Time to file: within 10 days from proclamation of results of election.
1. President and Vice-President - Supreme Court en banc
2. Senator - Senate Electoral Tribunal QUO WARRANTO QUO WARRANTO
3. Representative - HR Electoral Tribunal IN ELECTIVE IN APPOINTIVE
4. Regional/Provincial/City - COMELEC OFFICE OFFICE
5. Municipal - RTC 1. determination is 1. determination is
6. Barangay - MTC eligibility of legality of
candidate-elect appointment
Appellate Jurisdiction: 2. when person 2. court may

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elected is determine as to nomination or choice of a candidate in a convention or similar selection
declared who among the process of a political party.
ineligible, court parties has legal (2) Any person, association, corporation, group or community who
cannot declare 2nd title to office solicits or receives, directly or indirectly, any expenditure or promise of
placer as elected,
any office or employment, public or private, for any of the foregoing
even if eligible
considerations. (Sec. 261, B.P. 881)
IV. ELECTION OFFENSES
Vote-Buying and Vote-Selling One of the effective ways of preventing the commission of vote-
(1) Any person who gives, offers or promises money or anything of value, buying and of prosecuting those committing it is the grant of
gives or promises any office or employment, franchise or grant, public or immunity from criminal liability in favor of the party (person/s)
private, or makes or offers to make an expenditure, directly or whose vote was bought. This grant of immunity will encourage the
indirectly, or cause an expenditure to be made to any person, recipient or acceptor to come into the open and denounce the
association, corporation, entity, or community in order to induce anyone culprit-candidate, and will ensure the successful prosecution of the
or the public in general to vote for or against any candidate or withhold criminal case against the latter. (Comelec vs. Hon. Tagle, G.R. Nos.
his vote in the election, or to vote for or against any aspirant for the 148948 & 148951, February 17, 2003)

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LAW ON PUBLIC CORPORATION
I. LOCAL GOVERNMENT CODE OF 1991 (R.A. 7160) Declaration of Policy:
Effectivity: January 1, 1992 1. Territorial and subdivisions of State shall enjoy genuine and meaningful local
autonomy to enable them to attain fullest development and make them
Scope of Application of Local more effective partners in attaining national goals;
Government Code: 2. Ensure accountability of LGUs through institution of effective mechanisms
Applicable to: of recall, initiative and referendum; and
1. all provinces, 3. Require all national agencies and offices to conduct periodic consultations
2. cities, with appropriate LGUs, NGOs and Peoples Organizations and other
3. municipalities, concerned sector of community before any project or program is
4. barangays; implemented in their respective jurisdictions.
5. and other political subdivisions as may be created by law; and
6. to the extent provided in the Local Government Code: Rules on Interpretation:
a. to officials, 1. provision on power: liberally interpreted in favor of LGU; in case of doubt,
b. offices, or resolved in favor of devolution of powers;
c. agencies of the National Government. 2. ordinance or revenue measure: construed strictly against LGU enacting it
and liberally in favor of tax payer;
Local Autonomy in its constitutional sense, to polarize LGUs from over 3. tax exemptions, incentive or relief granted by LGU: construed against
dependence on central government and do not make LGUs mini-republics or person claiming;
imperium in imperia. 4. general welfare provisions: liberally interpreted to give more powers to
LGUs in accelerating economic development and upgrading quality of life
Decentralization of Administration central government delegates for people in community;
administrative powers to political subdivisions in order to broaden base of 5. rights and obligations existing on date of effectivity of LGC of 1991 and
government power and in process make LGUs more responsive and accountable arising out of contracts or any other source of prestation involving LGU, shall
and ensure their fullest development as self-reliant communities and make them be governed by original terms and conditions of said contracts or law in
effective partners in the pursuit of national development and social progress. force at time such rights were vested; and
6. resolution of controversies arising under LGC of 1991 where no legal
Decentralization of Power involves abdication of political power in favor of provision or jurisprudence applies, resort may be had to customs and
LGUs declared autonomous.(Limbona v. Mengelin, 170 SCRA 786). traditions in place where controversies take place.
II. PUBLIC CORPORATION
Devolution act by which national government confers power and authority - one formed and organized for the government of a portion of the State.
upon various LGUs to perform specific functions and responsibilities.[Sec.17(e),
par.2, LGC]. Elements of Public Corporation:
1. legal creation or incorporation;
2. corporate name;
3. inhabitants; and
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4. territory.
IV. TERRITORIAL AND POLITICAL
Classes of Corporation: SUBDIVISIONS ENJOYING
1. Quasi-corporation public corporations created as agencies of State for LOCAL AUTONOMY:
narrow and limited purposes. 1. Province cluster of municipalities, or municipalities and component cities,
2. Municipal corporation body politic and corporate constituted by and serves as dynamic mechanism for developmental processes and
incorporation of inhabitants of city or town purposes of local government effective governance of LGUs within its territorial jurisdiction.
thereof or as agency of State to assist in civil government of the country.
3. Quasi-public corporation private corporation that renders public service 2. City composed of more urbanized and developed barangays, serves as a
or supplies public wants. general purpose government for coordination and delivery of basic, regular
and direct services and effective governance of inhabitants within its
PUBLIC PRIVATE territorial jurisdiction;
CORPORATION CORPORATION
3. Municipality consisting of group of barangays, serves primarily as a general
1. established for 1. created for private purpose government for coordination and delivery of basic, regular and
purposes of aim, gain or benefit direct services and effective governance of inhabitants within its territorial
administration of of members jurisdiction;
civil and local
governments
4. Barangay basic political unit which serves as primary planning and
2. creation of State 2. created by will of implementing unit of government policies, plans, programs, projects and
either by special or incorporators with activities in community, and as a forum wherein collective views of people
general act recognizance of State may be expressed, crystalized and considered and where disputes may be
amicably settled;
3. involuntary 3. voluntary
consequence agreement by and 5. Autonomous Regions created for decentralization of administration or
legislation among members decentralization of government; and
6. Special metropolitan political subdivisions created for sole purpose of

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

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Plebiscite Requirement approved by a majority of the votes cast in 4. Mandatory and directory; ministerial and discretionary.
a plebiscite called for the purpose in the political unit/s directly
affected (Sec. 10, R.A. 7160) Governmental Powers of LGU:
Based on verifiable indicators of viability and projected capacity to 1. General Welfare (Sec. 16, R.A. 7160) statutory grant of police power to
provide services (Sec. 7, R.A. 7160) [Note: see Annex C] LGUs. It is limited to:
a. territoriality;
Beginning of Corporate Existence b. equal protection clause;
upon election and qualification of its chief executive and majority of c. due process clause; and
members of its Sanggunian, unless some other time is fixed therefore by d. must not be contrary to law.
law or ordinance creating it. 2. Delivery of basic services and facilities (Sec. 17, of R.A. 7160);
Mode of Inquiry to Legal Existence of LGU: Quo warranto which is 3. Power to generate and apply resources (Sec. 18, of R.A. 7160);
reserved to State or other direct proceedings 4. Eminent Domain (Sec. 19, of R.A. 7160);
Additional Limitations for Exercise by LGU:
Abolition of LGU: a. exercise by local chief executive pursuant to an ordinance;
b. for public use, purpose or welfare for benefit of poor and landless;
When income, population, or land area of LGU has been reduced to less than
c. payment of just compensation; and
minimum standards prescribed for its creation. The law or ordinance
d. only after valid and definite offer had been made to, and not accepted
abolishing LGU shall specify the province, city, municipality or barangay with
by owner.(Municipality of Paraaque v. V.M. Realty Corp., 292 SCRA
which LGU sought to be abolished will be incorporated or merged.
678)
5. Reclassification of Lands (Sec. 20 of RA 7160)
Division and Merger of LGUs
Limited by following percentage of total agricultural land area:
shall comply with same requirements, provided: a. for HUC and independent component cities: 15%;
1. shall not reduce income, population or land area of LGU concerned to less b. for component cities and 1st to 3rd class municipalities: 10% ; and
than the minimum requirements prescribed; c. for 4th to 6th class municipalities: 5%.
2. income classification of original LGU shall not fall below its current income 6. Closure and opening of roads (Sec. 21 of RA 7160)
classification prior to division;
3. Plebiscite be held in LGUs affected. In case of permanent closure:
4. Assets and liabilities of creation shall be equitably distributed between the a. adequate provision for public safety must be made; and
LGUs affected and new LGU. When municipal district of other territorial b. may be properly used or conveyed for any purpose for which other real
divisions is converted or fused into a municipality all property rights vested property may be lawfully used or conveyed; provided no freedom park
in original territorial organization shall become vested in government of be permanently closed without provisions or transfer to new site.
municipality. 7. Local legislative power (Secs. 48-59 of RA 7160)
Approval of ordinances:
V. POWERS OF LGUs a. local chief executive with his signature on each and every page;
b. if local chief executive vetoes the same, may be overridden by 2/3 vote
Classification of Powers of Local Government Units of all sanggunian members;
1. Express, implied and inherent; (i) grounds for veto: ordinance is ultra vires or prejudicial to public
2. Public or governmental, private or proprietary; welfare;
3. Intramural and extramural; and

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(ii) local chief executive may veto particular item/s of appropriation a. Art. 2189, Civil Code defective condition of roads, streets, bridges,
ordinance, adoption of local development plan and public public buildings, and other public works;
investment plan, or ordinance directing payment of money or b. Art. 2180(6th par.), Civil Code acts through a special agent;
creating liability; and d. Art. 34, Civil Code failure or refusal of a member of the police force to
(iii) local chief executive may veto an ordinance only once; render aid and protection in case of danger to life and property
c. veto communicated to sanggunian within 15 days for province and 10 2. for Tort depends if engaged in:
days for city or municipality. a. governmental functions not liable;
b. proprietary functions liable
Requisites for validity:
a. must not contravene the Constitution and any statute; 3. for Violation of Law
b. must not be unfair or oppressive; 4. for Contracts if contract is:
c. must not be partial or discriminatory; a. intra vires liable;
d. must not prohibit, but may regulate trade; b. ultra vires not liable
e. must not be unreasonable; and Doctrine of Implied Municipal Liability a municipality may become
f. must be general in application and consistent with public policy. 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
Barangay Chairman has no veto power. power to contract (Province of Cebu v. IAC, 147 SCRA 447); the doctrine
Corporate Powers of LGU: applies to all cases where money or other property of a party is received
1. to have continuous succession in its corporate name; under such circumstances that the general law, independent of an
2. to sue and be sued; express contract, implies an obligation to do justice with respect to the
3. to have and use a corporate seal; same (Nachura, Reviewer in Political Law, p. 431)
4. to acquire and convey real or personal property;
5. power to enter into contracts; VII. QUALIFICATION OF ELECTIVE
Requisites of valid municipal contracts: LOCAL OFFICIALS:
a. LGU has express, implied, or inherent power to enter into a particular 1. citizen of the Philippines;
contract; 2. registered voter of barangay, municipality, city, province, or district where
b. Entered into by proper department, board, committee, or agent; he intends to be elected;
c. Must comply with substantive requirements; 3. resident therein for at least 1 year preceding election;
d. Must comply with formal requirements; and 4. able to read and write Filipino or local language or dialect; and
e. In case entered into by local chief executive on behalf of LGU, prior 5. age:
authorization by Sanggunian concerned is needed a. 23 years of age Governor, Vice Governor, Board Member, Mayor, Vice
6. to exercise such other powers as granted to corporation, subject to Mayor or Member of City Council for HUCs.
limitations provided in Local Government Code of 1991 and other laws. b. 21 years of age Mayor or Vice Mayor of ICCs, component cities or
municipalities;
VI. MUNICIPAL LIABILITY: c. 18 years of age members of ICC or component city or municipal council
or punong barangay or member of barangay council;
Rule: Local government units and their officials are not exempt from liability for d. at least 15 but not 21 years of age candidate for sanggunian kabataan.
death or injury to persons or damage to property (Sec. 24, R.A. 7160) (Sec. 39, RA 7160)
1. Statutory provisions on liability:
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Disqualification of Elective Local Official:
1. sentenced by final judgment for offense involving moral turpitude or Term of Office: 3 years starting from noon of June 30 next following the
punishable by 1 year or more of imprisonment within 2 after service of election or such date as may be provided by law, except that of elective
sentence; barangay officials, for maximum of 3 consecutive terms in same position.
2. those removed from office due to administrative cases; Consecutive: After three consecutive terms, an elective local official
3. those convicted by final judgment for violating oath of allegiance to the cannot seek immediate reelection for a fourth term. The prohibited
Republic; election refers to the next regular election for the same office following
4. those with dual citizenship; the end of the third consecutive term. Any other subsequent election,
5. fugitives from justice in criminal or non-political cases here or abroad; like a recall election is no longer covered by the prohibition (Socrates vs.
6. permanent resident in foreign country; and Comelec, G.R. No. 154512, November 12, 2002).
7. insane or feeble-minded.(Sec.40, RA.7160)
IX. GROUNDS FOR DISCIPLINARY
VIII. MANNER OF ELECTION ACTIONS:
1. Elected at large 1. disloyalty to the Republic;
a. Governor; Vice Governor; 2. culpable violation of the Constitution;
b. City or municipal mayor; City or municipal vice-mayor;
c. Punong barangay, 3. dishonesty, oppression, misconduct in office, gross negligence or dereliction
d. SK chairman, elected by voters of Katipunan ng Kabataan of duty;
4. commission of offense involving moral turpitude or offense punishable by at
2. Elected by District least prision mayor;
a. regular members of Sanggunian 5. abuse of authority;
b. ex-officio members of Sanggunian 6. unauthorized absence for 15 consecutive working days except sanggunian
(i.) panlalawigan members;
president of leagues of sanggunian members of component cities 7. application for, acquisition of , foreign citizenship or residence or status of
and municipalities; and an immigrant of another country; and
president of liga ng mga barangay and pederasyon ng mga 8. such other grounds as may be provided in EC and other laws
sanggunian kabataan
(ii.) panlunsod Under Sec. 60 of RA 7160 an elective local official may be removed
president of liga ng mga barangay and the pederasyon ng mga from office on the grounds enumerated above by order of the proper
SB court only (Salalima vs Guingona, 257 SCRA 55)
(iii.) bayan
president of liga ng mga barangay and the pederasyon ng mga
sanggunian kabataan
3. Sectoral representatives women, worker, urban poor, and other sectors

allowed by law.
Date of Election: Every 3 years on 2nd Monday of May, unless otherwise

provided by law.
Joy Zabala

Admin Elect

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ADMINISTRATIVE LAW ii.

the regulation is a settlement of a controversy between

B. QUASI-JUDICIAL OR ADJUDICATORY POWER

IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS

General Rule: Findings of facts of Administrative Agencies accorded great

I.PUBLIC OFFICE two senses:

POLITICAL LAW COMMITTEE

POLITICAL LAW COMMITTEE

VII. RIGHTS OF PUBLIC OFFICERS: 3. Right to Preference in Promotion

POLITICAL LAW COMMITTEE

POLITICAL LAW COMMITTEE

I.SUFFRAGE the election is suspended. In the third instance, circumstances

POLITICAL LAW COMMITTEE

1. 120 minutes 1. 60 minutes Substituted and Substitute Candidate

POLITICAL LAW COMMITTEE

POLITICAL LAW COMMITTEE

POLITICAL LAW COMMITTEE

I. LOCAL GOVERNMENT CODE OF 1991 (R.A. 7160) Declaration of Policy:

6. Special metropolitan political subdivisions created for sole purpose of

POLITICAL LAW COMMITTEE

POLITICAL LAW COMMITTEE

3. Sectoral representatives women, worker, urban poor, and other sectors

Date of Election: Every 3 years on 2nd Monday of May, unless otherwise

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