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Notes for Administrative Law, Law on Public Officers and Election Law

Atty. R. Raypon | S. Bance


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Notes in Administrative Law, Law Law on Public Officers


on Public Officers and Election Law
A. General Principles
B. Modes of acquiring title to public office
C. Modes and kinds of appointment
Law on Public Officers D. Eligibility and qualification requirements
E. Disabilities and inhibitions of public officers
F. Powers and duties of public officers
Chapter One
G. Rights of public officers
DEFINITIONS, DISTINCTIONS, AND H. Liabilities of public officers
CLASSIFICATIONS a. Preventive suspension and back salaries
b. Illegal dismissal, reinstatement and back
Office salaries
 Position or function by virtue of which a person has some
I. Immunity of public officers
employment in the affairs of another, whether the incumbent is
selected by appointment or election, and whether he is appointed J. De factor officers
during the pleasure of the appointing power or for a fixed term. K. Termination of official relation
L. The Civil Service
Public Office a. Scope
 Right, authority and duty created and conferred by law, by which
for a given period, either fixed by law or enduring at the pleasure
b. Appointments to the civil service
of the appointing power, an individual is invested with some portion c. Personnel actions
of the sovereign functions of the government, to be exercised by d. Uniform rules on administrative cases in the
him for the benefit of the public. civil service
 Charge, station or employment conferred by appointment or
M. Accountability of public
election by a government.
a. Impeachment
Public Office is a public trust b. Ombudsman (Secs 5 – 14, Article XI of the
 Public office are created for effecting the end 1987 Constitution in relation to RA 6770, or
otherwise known as “The Ombudsman Act of
1989”)
i. Jurisdiction and Functions
ii. Administrative Penalties
iii. Appeal and Judicial Review
a. Jurisdiction of the COMELEC over political
parties
Administrative Law b. Registration
F. Candidacy
A. General principles a. Qualifications of candidates
B. Administrative agencies b. Filing of certificates of candidacy
a. Definition i. Effect of filing
b. Manner of creation ii. Substitution of candidates
c. Kinds iii. Ministerial duty of COMELEC to
C. Powers of administrative agencies receive certificate
a. Quasi-legislative (rule-making) power iv. Nuisance candidates
i. Kinds of administrative rules and v. Petition to deny or cancel certificates
regulations of candidacy
ii. Requisites for validity vi. Effect of disqualification
b. Quasi-judicial (adjudicatory) power vii. Withdrawal of candidates
i. Administrative due process G. Campaign
ii. Administrative res judicata a. Premature campaigning
c. Fact-finding, investigative, licensing and b. Prohibited contributions
fate-fixing powers c. Lawful and prohibited election propaganda
D. Judicial recourse and review d. Limitations on expenses
a. Doctrine of primary administrative e. Statement of contributions and expenses
jurisdiction H. Board of Election Inspectors and Board of
b. Doctrine of exhaustion of administrative Canvassers
remedies a. Composition
c. Doctrine of finality of administrative action b. Powers
I. Remedies and jurisdiction in election law
Election Law a. Petition not to give due course or to cancel
A. Suffrage a certificate of candidacy
B. Qualification and disqualification of voters b. Petition for disqualification
C. Registration of voters c. Petition to declare failure of elections
D. Inclusion and exclusion proceedings d. Pre-proclamation controversy
E. Political parties e. Election protest
Notes for Administrative Law, Law on Public Officers and Election Law
Atty. R. Raypon | S. Bance
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f. Quo warranto
g. Prosecution of election offenses
h.