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It is the authority delegated by the law-making body to the administrative body to adopt rules and
regulations intended to carry out the provisions of a law and implement legislative policy.
1. LEGISLATIVE power involves the discretion to determine what the law shall be. QUASI-legislative
power only involves the discretion to determine how the law shall be enforced.
2. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.
1. COMPLETENESS test. This means that the law must be complete in all its terms and conditions
when it leaves the legislature so that when it reaches the delegate, it will have nothing to do but
to enforce it.
2. SUFFICIENT STANDARD test. The law must offer a sufficient standard to specify the limits of the
delegate’s authority, announce the legislative policy and specify the conditions under which it is
to be implemented.
It is the power of administrative authorities to make determinations of facts in the performance of their
official duties and to apply the law as they construe it to the facts so found. The exercise of this power is
only incidental to the main function of administrative authorities, which is the enforcement of the law.
Determinative Powers
1. ENABLING powers
Those that PERMIT the doing of an act which the law undertakes to regulate and would be unlawful
without government approval.
2.DIRECTING powers
Those that involve the corrective powers of public utility commissions, powers of assessment under the
revenue laws, reparations under public utility laws, and awards under workmen’s compensation laws,
and powers of abstract determination such as definition-valuation, classification and fact finding
3. DISPENSING powers
Exemplified by the authority to exempt from or relax a general prohibition, or authority to relieve from
an affirmative duty. Its difference from licensing power is that dispensing power sanctions a deviation
from a standard.
4. SUMMARY powers
Those that apply compulsion or force against person or property to effectuate a legal purpose without
a judicial warrant to authorize such action. Usually without notice and hearing.
Ex. Abatement of nuisance, summary destraint, levy of property of delinquent tax payers
5. EQUITABLE powers
Those that pertain to the power to determine the law upon a particular state of facts. It refers to the
right to, and must, consider and make proper application of the rules of equity.
1. Capacity that
administrative agency is
acting in Legislative Judicial
Legislative regulations
have the force and effecr
of law immediately upon Merely
going into effect. Such is persuasive/Received by
accorded by the courts or the courts with much
by express provision of respect but not accorded
3. Force and effect statute. with finality
Requisites of a Valid Administrative Regulation
1. General Rule: Administrative rules of GENERAL application do NOT require previous notice and
hearing.
2. Exception: When the legislature itself requires it and mandates that the regulation shall be based
on certain facts as determined at an appropriate investigation.
3. If the regulation is in effect a settlement of a controversy between specific parties, it is considered
an administrative adjudication, requiring notice and hearing.
Prescribing of Rates
It can be either:
1. LEGISLATIVE
If the rules/rates are meant to apply to all enterprises of a given kind throughout the country.
2. QUASI-JUDICIAL
If the rules and rates imposed apply exclusively to a particular party, based upon a finding of fact. Prior
notice and hearing is required.
Requirement of Publication
1. Interpretative regulations
2. Internal rules and regulations governing the personnel of the administrative agency.
1. The law itself must make violation of the administrative regulation punishable.
2. The law itself must impose and specify the penalty for the violation of the regulation.
3. The regulation must be published.
1. Jurisdiction
2. Due process
1. Questions of FACT
The general rule is that courts will not disturb the findings of administrative agencies acting within the
parameters of their own competence so long as such findings are supported by substantial evidence. By
reason of their special knowledge, expertise, and experience, the courts ordinarily accord respect if not
finality to factual findings of administrative tribunals.
2. Question of LAW
Doctrine of Finality
Courts are reluctant to interfere with action of an administrative agency prior to its completion or
finality, the reason being that absent a final order or decision, power has not been fully and finally
exercised, and there can usually be no irreparable harm.
EXCEPTIONS: Interlocutory order affecting the merits of a controversy; Preserve status quo pending
further action by the administrative agency; Essential to the protection of the rights asserted from the
injury threatened; Officer assumes to act in violation of the Constitution and other laws; Order not
reviewable in any other way; Order made in excess of power
1. This doctrine states that courts cannot or will not determine a controversy which requires the
expertise, specialized skills and knowledge of the proper administrative bodies because technical
matters of intricate questions of fact are involved.
2. Relief must first be obtained in an administrative proceeding before a remedy will be supplied by
the court even though the matter is within the proper jurisdiction of a court.
When a claim originally cognizable in the courts involves issues which, under a regulatory scheme are
within the special competence of an administrative agency, judicial proceedings will be suspended
pending the referral of these issues to the administrative body for its view.
Note: The doctrines of primary jurisdiction and prior resort have been considered to be
interchangeable.
1. Under this doctrine, an administrative decision must first be appealed to the administrative
superiors up to the highest level before it may be elevated to a court of justice for review.
1. Reasons :
1. to enable the administrative superiors to correct the errors committed by their subo
rdinates.
2. courts should refrain from disturbing the findings of administrative.
bodies in deference to the doctrine of separation of powers.
3. courts should not be saddled with the review of administrative cases
4. judicial review of administrative cases is usually effected through special civil actions
which are available only if their is no other plain, speedy and adequate remedy.
3. Exceptions
Substantial evidence – defined to mean not necessarily preponderant proof as required in ordinary civil
cases but such kind of relevant evidence which a reasonable mind might accept as adequate to support
a conclusion.
Election
Embodiment of the popular will, the expression of the sovereign power of the people.
Components:
Regular election – refers to an election participated in by those who possess the right of suffrage and
not disqualified by law and who are registered voters.
Special election – is when there is failure of election on the scheduled date of regular election in a
particular place or which is conducted to fill up certain vacancies, as provided by law.
Political Parties
An organized group of persons pursuing the same ideology, political ideas or platforms of government
including its branches and divisions.
1) Registered Parties:
1. Dominant Majority Party – usually the administration party; entitled to a copy of election return
2. Dominant Minority Party – entitled to a copy of election return
3. Majority Political Party
4. Top 3 Political Parties – entitled to appoint principal watcher and a copy of the certificate of
canvass
5. Bottom 3 political parties – entitled to appoint principal watcher
2) Non-registered parties
The status shall be deemed forfeited if the political party, singly or in coalition with others, fails to
obtain at least 10% of the votes cast in the constituency in which it nominated and supported a
candidate/s in the election next following its registration. There shall be notice and hearing.
Candidates
1. No person shall be elected into public office unless he files his certificate of candidacy within the
prescribed period
2. No person shall be eligible for more than one office. If he/she files for more than one position, he
shall not be eligible for all unless he cancels all and retains one
3. The certificate of candidacy shall be filed by the candidate personally or by his duly authorized
representative.
4. Upon filing, an individual becomes a candidate, he is already covered by rules, restrictions and
processes involving candidates.
2.1 Sentenced by final judgment for an offense involving moral turpitude or for an offense punishable
by one year or more of imprisonment within two years after serving sentence
2.3 Convicted by final judgment for violating the oath of allegiance to the Republic
1. Nuisance candidate
2. Violation of sec 73 of OEC with regard to certificate of candidacy
3. Violation of sec 78 which is material misrepresentation of reqts under sec. 74.
* Disqualifications (from continuing as a candidate or from holding the office if already elected):
Any candidate, who in an action or protest in which he is a party is declared by final decision of a
competent court guilty of, or is found by the Commission of having:
1. Given money or other material consideration to influence, induce or corrupt the voters or public
officials performing electoral functions.
2. Committed acts of terrorism to enhance his candidacy
3. Spent in his election campaign an amount in excess of that allowed by the Omnibus Election
Code )
4. Solicited, received or made any contribution prohibited under this Code
5. Violated any of the following sections: Section 80, 83, 85,86,261
6. Permanent resident of or an immigrant to a foreign country shall not be qualified to run for any
elective office UNLESS he/she has waived his/her status as a permanent resident/immigrant of a
foreign country in accordance with the residence requirement provided for under election laws.
1. Any candidate who has been declared by final judgment to be disqualified shall NOT be voted
for. The votes cast in his favor shall not be counted.
2. If the candidate is not disqualified by final judgment before the election and receives the highest
number of votes in the election, the court or COMELEC will continue with the trial and hearing of
the action, inquiry or protest. Upon motion of the complainant or intervenor, the court or
COMELEC may order the suspension of the proclamation of the candidate whenever the evidence
of his guilt is strong.
Nuisance Candidates
A. The term refers to candidates who have no bona fide intention to run for the office for which the
certificate of candidacy has been filed and would thus prevent a faithful determination of the true will of
the people.
B. Power of COMELEC
1. Certificate of candidacy has been filed to put the election process in mockery/disrepute or
2. To cause confusion among the voters by the similarity of the names of the registered candidates
3. Other circumstances which clearly demonstrate that the candidate has no bona fide intention to
run for the office…
C. It should be decided not later than 15 days before the election, after due notice and hearing.
Ø Definition
1) It refers to an act designed to promote the election or defeat of a particular candidate/s to a public
office
2) It includes:
A. Forming organizations, associations, clubs, committees or other groups of persons for the purpose of
soliciting votes and/or undertaking any campaign for or against a candidate.
B. Holding political caucuses, conferences, meetings, rallies, parades or other similar assemblies for the
purpose of soliciting votes and/or undertaking any campaign or propaganda for or against a candidate.
C. Making speeches, announcements or commentaries or holding interviews for or against the election
of any candidate for public office.
3) When the acts enumerated above are NOT considered an election campaign/partisan political
activity.
If the acts are performed for the purpose of enhancing the chances of aspirants for nomination for
candidacy to a public office by a political party, aggroupment, or coalition of parties.
Important Features:
1) Repeal of Sec. 67 of the OEC – Now, any ELECTIVE official, whether national or local, running for any
office other than the one which he is holding in a permanent capacity shall not be considered ipso facto
resigned from his office upon the filing of his certificate of candidacy.
2) Lifting of the Political Ad Ban – Written and Printed Materials (8.5” W x 14L”)
Letters
Posters (2’ x 3’) in common-private poster areas ( not more than 10 public places per political party or
independent candidate, 12’ 16’), private places and public places
Television: 120 minutes for candidate for nationally elective office and 60 for local
Radio: 180 minutes for candidate for nationally elective office and 90 for local
COMELEC free space (3 national newspaper for nationally elective officials and 1 national newspaper for
local) and airtime
(3 national television networks for nationally elective officials and 1 station for local ) : equal allocation
for all candidates for 3 calendar days
Voters
Qualifications
1. He /she should have resided in the Philippines for one year and
2. Resided in the city/municipality wherein he proposes to vote for at least 6 months immediately
preceding the election.
Residence Requirement
If the transfer of residence is due to any of the following reasons, the person concerned will be deemed
NOT to have lost his original residence:
B. Educational activities
A: No more, because 8189 (7) provides for such only for the May ’98 elections
Disqualifications
A. If sentenced by final judgment to suffer imprisonment for not less than 1 year and such disability
was not removed by plenary pardon or has not been granted amnesty. However, any person
disqualified to vote shall automatically reacquire the right to vote upon expiration of 5 years after
service of sentence.
B. Any person who has been adjudged by final judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly constituted government such as rebellion or any
crime against national security:
1. UNLESS restored to his full civil and political rights in accordance with law.
2. However, he shall regain his right to vote automatically upon expiration of 5 years after service of
sentence.
A. The municipal and metropolitan trial courts shall have original and exclusive jurisdiction over all
matters of inclusion and exclusion of voters from the list in their respective municipalities or cities.
Petition filed at any time except 105 days before regular election or 75 days before special election
B. Decisions may be appealed to the RTC within 5 days from receipt of notice of decision.
C. RTC will decide the appeal within 10 days. Decision is final and executory.
D. Note: Relate this to Article IX of the Constitution which provides that the COMELEC has no
jurisdiction over questions involving the right to vote.
E. Exclusion is through sworn petition and not later than 100 days before regular election; 65 days
before special election
Deactivation/ Reactivation
Exclusion/ Inclusion
Cancellation of Registration in case of Death
New voters
Annulment of Book of Voters
Transfer of Residence
Deactivation means removing the registration records of persons from the precinct book of voters and
place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause
of deactivation.
Affidavit
Not later than 120 days before regular election and 90 days before special election
Annulment of Book of Voters is through verified petition; notice and hearing; not prepared in
accordance with law or prepared through fraud, bribery, forgery, impersonation, intimidation, force, any
similar irregularity or which contains data that are statistically improbable
Cannot be done within 90 days before election
Violence
Terrorism
Loss or destruction of election paraphernalia/records
Force majeure
Other analogous causes
Effect It is impossible to hold a free, orderly and honest election in any political subdivision
COMELEC can postpone the election (when decided by a majority vote of the COMELEC sitting en
banc, RA 7166):
A. Motu proprio
B. Upon a verified petition by any interested party, after due notice and hearing
The date of the postponed election should be reasonably close to the date of the election not held,
suspended, or which resulted in a failure to elect. It should not be later than 30 days after the cessation
of the cause for such postponement or suspension of the election or failure to elect.
Force majeure
Violence
Terrorism
Fraud
Other analogous causes
Under RA 7166, the causes for the declaration of the failure of election may occur before or after the
casting of votes or on the day of the election.
A. Election in any polling place was not held on the date fixed;
B. Election was suspended before the hour fixed by law for the closing of the voting
C. Elections results in a failure to elect (after the voting and during the preparation and transmission of
the election returns or in the custody or canvass thereof)
AND the failure or suspension of the election would affect the result of the election
Remedy COMELEC can call for the holding or continuation of the election not held, suspended, or
which resulted in a failure to elect. The election should be held not later than 30 days after the
cessation of the cause of the postponement or suspension of the election or failure to elect. This is
decided by the COMELEC, by a majority vote of its members, sitting en banc.
Nomination of party-list reps should not include any candidate for any elective office or a person who
has lost his bid for an elective office in the immediately preceding election
Incumbent sectoral representatives in the House of Representatives who are nominated in the party-list
system shall not be considered resigned
Party List Reps constitute 20% of the total number of the members of the House of Reps including
those under the party-list
How do we determine the number of party list seats in the House of Reps?
There are presently 208 legislative districts, according to the Veterans Federation Case
The 5 major political parties are now entitled to participate in the party list system
Parties receiving at least 2% of the total votes cast for the party-list system shall be entitled to
one seat each
No party shall be entitled to more than 3 seats
Currently, there are 260 seats. So 20 % of 260 is 52 seats. But this is only a ceiling.
A list with 5 names should be submitted to COMELEC as to who will represent the party in the
Congress. Ranking in the list submitted determines who shall represent party or organization.
1. It would also refer to any matter raised under Sections 233, 234, 235, and 236 of the Omnibus
Election Code in relation to the preparation, transmission, receipt, custody, and appreciation of
the election returns. (Board of canvassers have original jurisdiction while COMELEC have
appellate jurisdiction)
1. When election returns are delayed, lost or destroyed (Sec.233)
2. Material defects in the election returns (Sec. 234)
3. When election returns appear to be tampered with or falsified. (Sec. 235)
4. Discrepancies in election returns (Sec. 236)
C. Those that can be filed with COMELEC directly are the ff:
Issue involves the illegal composition or proceedings of the board of canvassers, as when a
majority or all of the members do not hold legal appointments or are in fact usurpers
Issue involves the correction of manifest errors in the tabulation or tallying of the results during
the canvassing
Recount There can be a recount under the grounds of 234-236. The returns involved will affect the
results and the integrity of the ballot box has been preserved
Procedure
Matters relating to the preparation, transmission, receipt, custody and appreciation of the election
returns, and certificate of canvass, should be brought in the first instance before the board of
canvassers only.
It suspends the running of the period within which to file an election protest or quo warranto
proceedings.
Pre-proclamation cases on matters relating to the preparation, transmission, receipt, custody and
appreciation of the election returns or the certificates of canvass NOT allowed in elections for: (under
RA 7166)
President
Vice-President
Senator
Member of the House of Representatives
BUT: The appropriate canvassing body motu propio or upon written complaint of an interested person
can correct manifest errors in the certificate of canvass or election returns before it.
BUT: Questions affecting the composition or proceedings of the board of canvassers may be initiated
in the board or directly with COMELEC.
1. All pre-proclamation cases pending before the COMELEC shall be deemed terminated at the
beginning of the term of the office involved and the rulings of the boards of canvassers
concerned deemed affirmed.
B. This is without prejudice to the filing of a regular election protest by the aggrieved party.
1. The COMELEC determines that the petition is meritorious and issues an order for the proceedings
to continue or
2. The Supreme Court issues an order for the proceedings to continue in a petition for certiorari.
Election Contest
Original Jurisdiction
COMELEC has ORIGINAL jurisdiction over contests relating to the elections, returns, qualifications of all
elective:
Regional
Provincial
City officials
Appellate Jurisdiction
Any candidate who has duly filed a certificate of candidacy and has been voted for the same office
The defeated candidate seeks to outs the proclaimed winner and claims the seat.
Provision that decisions, final orders, rulings of the Commission on election contests involving municipal
and barangay offices are final, executory and not appealable:
A. This only applies to questions of FACT. ( Flores v. COMELEC, 184 SCRA 484)
B. It does NOT preclude a special civil action of certiorari. (Galido v. COMELEC, Jan. 18,1991)
2) Jurisdiction
A. Pre-proclamation controversy
B. Election contest
3) In some cases, even if the case (involving municipal officials) began with the COMELEC before
proclamation but a proclamation is made before the controversy is resolved, it ceases to be a pre-
proclamation controversy and becomes an election contest cognizable by the RTC.
4) However, in some cases, the SC has recognized the jurisdiction of COMELEC over municipal cases
even after proclamation. Relate to the provision in RA 7166 allowing pre-proclamation controversy
proceedings to continue even after a proclamation has been made.
A. Covered acts
2. Making or offer to make any expenditure, directly or indirectly, or cause an expenditure to be made
to any person, association, corporation, entity or community
3.Soliciting or receiving, directly or indirectly, any expenditure or promise of any office or employment,
public or private
B. Purpose of acts
1. To induce anyone or the public in general to vote for or against any candidate or withhold his vote in
the election or
2. To vote for or against any aspirant for the nomination or choice of a candidate in a convention or
similar selection
Proof that at least one voter in different precincts representing at least 20% of the total precincts in any
municipality, city or province has been offered, promised or given money, valuable consideration or
other expenditure by a candidate relatives, leaders and/or sympathizsrs for the purpose of promoting
the election of such candidate.
Proof affects at least 20% of the precincts of the municipality, city or province to which the public office
aspired for by the favored candidate relates. This will constitute a disputable presumption of the
involvement of such candidate and of his principal campaign managers in each of the municipalities
concerned in the conspiracy
Coercion of a subordinate
1. public officer
4. employer/landowner
B. Prohibited acts
Appointment of new employees, creation of new position, promotion or giving salary increases:
A. Who can be held liable: Any head/official/appointing officer of a government office, agency or
instrumentality, whether national or local, including GOCCs.
B. Prohibited acts
D. Exceptions
1. Upon prior authority of COMELEC if it is satisfied that the position to be filled is essential to the
proper functioning of the office/agency concerned AND that the position is not filled in a manner
that may influence the election
2. In case of urgent need, a new employee may be appointed. Notice of appointment should be
given to COMELEC within 3 days from appointment.
A. Who can be held liable: Any public official or employee including barangay officials and those of
GOCCs/subsidiaries
B. Prohibited acts:
The release, disbursement or expenditure of public funds for any and other kinds of public works
D. Exception
A. General rule: public official CANNOT suspend any of the officers enumerated above during the
election period.
B. Exceptions
1. Causing the printing of official ballots and election returns by printing establishments not on
contract with COMELEC and printing establishments which undertakes unauthorized printing
2. Tampering, increasing or decreasing the votes received by a candidate or refusing after proper
verification and hearing to credit the correct votes or deduct the tampered votes (committed by a
member of the board of election inspectors)
3. Refusing to issue the certificate of voters to the duly accredited watchers (committed by a
member of the BEI)
4. Person who violated provisions against prohibited forms of election propaganda
5. Failure to give notice of meetings to other members of the board, candidate or political party
(committed by the Chairman of the board of canvassers)
6. A person who has been declared a nuisance candidate or is otherwise disqualified who continues
to misrepresent himself as a candidate (Ex. by continuing to campaign) and any public officer or
private individual who knowingly induces or abets such misrepresentation by commission or
omission.
7. If the chairman of the BEI fails to affix his signature at the back of the official ballot, in the
presence of the voter, before delivering the ballot to the voter. (under RA 7166)
1. Election offenses shall prescribe after 5 years from the date of their commission
2. If the discovery of the offense is made in an election contest proceeding, the period of
prescription shall commence on the date on which the judgment in such proceedings becomes
final and executory
Jurisdiction of courts
1. RTC has exclusive original jurisdiction to try and decide any criminal action or proceedings for
violation of the Code.
2. MTC/MCTC have jurisdiction over offenses relating to failure to register or vote