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ADMINISTRATIVE LAW 3.

Promulgated in accordance with the


- Branch of public law that fixes the prescribed procedure:
organization of the government and a. notice and hearing – generally,
determines competence of authorities not required; only when:
who execute the law and indicates to i. the legislature itself requires
the individual remedies for the violations it and mandates that the
of his rights. regulation shall be based on
certain facts as determined
I. ADMINISTRATIVE BODIES OR at an appropriate
AGENCIES investigation;
ii. the regulation is a
- A body, other than the courts and settlement of a controversy
the legislature, endowed with quasi- between specific parties;
legislative and quasi-judicial powers for considered as an
the purpose of enabling it to carry out administrative adjudication
laws entrusted to it for enforcement or (Cruz, Philippine
execution. Administrative Law, p.42 -
43); or
How Created: iii. the administrative rule is in
1. by constitutional provision; the nature of subordinate
2. by legislative enactment; and legislation designed to
3. by authority of law. implement a law by
providing its details (CIR v.
II. POWERS OF ADMINISTRATIVE Court of Appeals, 261 SCRA
BODIES: 236).
1. Quasi-legislative or rule-making b. publication
power; 4. Reasonable
2. Quasi-judicial or adjudicatory
power; and Requisites for Validity of
3. Determinative powers. Administrative Rules With Penal
Sanctions:
A. QUASI-LEGISLATIVE OR RULE- 1. law itself must declare as punishable
MAKING POWER the violation of administrative rule
 In exercise of delegated legislative or regulation;
power, involving no discretion as to 2. law should define or fix penalty
what law shall be, but merely therefor; and
authority to fix details in execution 3. rule/regulation must be published.
or enforcement of a policy set out in
law itself. Doctrine of Subordinate Legislation –
Kinds: power of administrative agency to
1. Legislative regulation promulgate rules and regulations on
a. Supplementary or detailed matters of their own specialization.
legislation, e.g. Rules and
Regulations Implementing Doctrine of Legislative Approval by Re-
the Labor Code; enactment - the rules and regulations
b. Contingent regulation promulgated by the proper
2. Interpretative legislation, e.g. administrative agency implementing the
BIR Circulars law are deemed confirmed and approved
by the Legislature when said law was re-
Requisites for valid exercise: enacted by later legislation or through
1. Issued under authority of law; codification. The Legislature is presumed
to have full knowledge of the contents of
the regulations then at the time of re-
2. Within the scope and purview of the enactment.
law;
QUASI- QUASI- accept view of subordinate in
LEGISLATIVE JUDICIAL arriving at a decision; and
FUNCTIONS FUNCTIONS 7. decision must be rendered in such a
manner that parties to controversy
1. consists of 1. refers to its can know various issues involved and
issuance of rules end product reason for decision rendered.(Ang
and regulations called order, Tibay vs CIR, 69 Phil 635)
reward or
decision Substantial Evidence – relevant
evidence as a reasonable mind might
2. general 2. applies to a accept as adequate to support a
applicability specific conclusion.
situation
Administrative Determinations Where
3. prospective; it 3. present
envisages the determination
Notice and Hearing Not Necessary:
promulgation of of rights, 1. summary proceedings of distraint
a rule or privileges or and levy upon property of delinquent
regulation duties as of taxpayer;
generally previous or 2. grant of provisional authority for
applicable in the present time or increase of rates, or to engage in
future occurrence particular line of business;
3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
B. QUASI-JUDICIAL OR ADJUDICATORY se which affects safety of persons or
POWER property;
• Proceedings partake of nature of 5. preventive suspension of officer or
judicial proceedings. employee pending investigation; and
Administrative body granted 6. grant or revocation of licenses for
authority to promulgate its own permits to operate certain
rules of procedure. businesses affecting public order or
morals.
Two necessary conditions:
1. due process; and Administrative Appeal or Review
2. jurisdiction 1. Where provided by law, appeal from
administrative determination may be
Includes the following powers: made to higher or superior
1. Prescribe rules of procedure administrative officer or body.
2. Subpoena power 2. By virtue of power of control of
3. Contempt Power President, President himself or
through Department Head may
Administrative Due Process: affirm, modify, alter, or reverse
1. right to a hearing; administrative decision of
2. tribunal must consider evidence subordinate.
presented; 3. Appellate administrative agency may
3. decision must have something to conduct additional hearing in
support itself; appealed case, if deemed necessary.
4. evidence must be substantial;
5. decision must be based on evidence Res judicata effect of Administritve
adduced at hearing or at least Decisions
contained in the record and - has the force and binding effect of a
disclosed to parties; final judgment (note: applies only to
6. board of judges must act on its judicial and quasi judicial proceedings
independent consideration of facts not to exercise of administrative
and law of the case, and not simply functions, Brillantes vs. Castro 99 Phil.
497)
C. DETERMINATIVE POWERS Effect of Failure to Exhaust
1. enabling – permit the doing of an act Administrative Remedies: as a general
which the law undertakes to rule, jurisdiction of the court is not
regulate; affected but the complaint is vulnerable
2. directing – order the doing or to dismissal due to lack of cause of
performance of particular acts to action.
ensure compliance with the law and Exceptions to the Doctrine:
are often exercised for corrective 1. doctrine of qualified political agency
purposes (when the respondent is a
3. dispensing – to relax the general department secretary whose acts as
operation of a law or to exempt from an alter ego of the President bears
general prohibition, or relieve an the implied and assumed approval of
individual or a corporation from an the latter); except where law
affirmative duty; expressly provides exhaustion;
4. examining - also called investigatory 2. administrative remedy is fruitless;
power; 3. where there is estoppel on part of
5. summary – power to apply administrative agency;
compulsion or force against persons 4. issue involved is purely legal;
or property to effectuate a legal 5. administrative action is patently
purpose without judicial warrants to illegal, amounting to lack or excess
authorize such actions. of jurisdiction;
6. where there is unreasonable delay or
III. EXHAUSTION OF official inaction;
ADMINISTRATIVE REMEDIES 7. where there is irreparable injury or
• Whenever there is an available threat thereof, unless judicial
administrative remedy provided recourse is immediately made;
by law, no judicial recourse can 8. in land case, subject matter is
be made until all such remedies private land;
have been availed of and 9. where law does not make exhaustion
exhausted. a condition precedent to judicial
1. Doctrine of Prior Resort or recourse;
(Doctrine of Primary Administrative 10. where observance of the doctrine
Jurisdiction) – where there is will result in nullification of claim;
competence or jurisdiction vested 11. where there are special reasons or
upon administrative body to act circumstances demanding immediate
upon a matter, no resort to courts court action; and
may be made before such 12. when due process of law is clearly
administrative body shall have acted violated.
upon the matter.
1. Doctrine of Finality of IV. JUDICIAL REVIEW OF
Administrative Action – no resort to ADMINISTRATIVE DECISIONS
courts will be allowed unless When made:
administrative action has been 1. to determine constitutionality or
completed and there is nothing left validity of any treaty, law,
to be done in administrative ordinance, executive order, or
structure. regulation;
2. Judicial Relief from Threatened 2. to determine jurisdiction of any
Administrative Action – courts will administrative board, commission
not render a decree in advance of or officer;
administrative action and thereby 3. to determine any other questions
render such action nugatory. It is not of law; and
for the court to stop an 4. to determine questions of facts
administrative officer from when necessary to determine
performing his statutory duty for either:
fear he will perform it wrongly.
a. constitutional or jurisdictional 1. factual findings not supported by
issue; evidence;
b. commission of abuse of 2. findings are vitiated by fraud,
authority; and imposition or collusion;
c. when administrative fact 3. procedure which led to factual
finding body is unduly findings is irregular;
restricted by an error of law. 4. palpable errors are committed; and
5. grave abuse of discretion,
Modes of review: arbitrariness or capriciousness is
1. Statutory; manifest.
2. Non-statutory – inherent power of
the court to review such • Brandeis Doctrine of
proceedings upon questions of Assimilation of Facts – one
jurisdiction and questions of law; purports to be finding of fact but
3. Direct proceeding; is so involved with and
4. Collateral attack. dependent upon a question of
latter,courts will review the
General Rule: Findings of facts of entire case including the latter.
Administrative Agencies accorded great law as to be in substance and
weight by the Courts. effect a decision on the .
Exceptions to the Rule:
San Beda College of Law
5
MEMORY  AID  IN  POLITICAL  LAW  

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE Eligibility and qualification:


- right, authority and duty created two senses:
and conferred by law, by which for a 1. may refer to endowments,
given period, either fixed by law or qualities or attributes which
enduring at pleasure of creating make an individual eligible for
power, and individual is vested with public office;
some sovereign functions of 2. may refer to the act of entering
government to be exercised by him into performance of functions of
for the benefit of the public office.
public.(Fernandez vs Sto Tomas, 234
SCRA 546) Authority to prescribe qualification:
1. when prescribed by Constitution,
Elements of Public Office: (LSDIP) ordinarily exclusive, the legislature
1. created by law or ordinance may not increase or reduce
authorized by law; qualifications except when
2. possess sovereign functions of Constitution itself provides
government to be exercised for otherwise as when only minimum or
public interests; no qualifications are prescribed( ex:
3. functions defined expressly or Art XIII Sec 17 (2), Art VIII Sec 7 (2)
impliedly by law; Consti) ;
4. functions exercised by an officer 2. when office created by statute,
directly under control of law, not Congress has generally plenary
under that of a superior officer power to prescribe qualification but
unless they are functioned conferred such must be:
by law upon inferior officers, who by a. germane to purpose of office;
law, are under control of a superior; and
(duties performed independently) b. not too specific so as to refer to
and only one individual.
5. with permanency or continuity, not
temporary or occasional. III. DE FACTO OFFICERS
- one who has reputation of being an
Characteristics: officer that he assumes to be, and
-Public office is a public trust. yet is not an officer in point of law.
-Public office is not property and is
outside the commerce of man. It cannot - a person is a de facto officer where
be subject of a contract. (Cruz, Law on the duties of the office are exercised
Public Officers, p.5) under any of the following
circumstances:
II. PUBLIC OFFICERS 1. Without a known appointment or
- individuals vested with public office election, but under such
circumstances of reputation or
Classification of Public Officers: acquiescence as were calculated
1. Executive, legislative and judicial to induce people, without
officers; inquiry, to submit to or invoke
2. Discretionary or ministerial officers; his action, supposing him to the
3. Civil or military officers; be the officer he assumed to be;
4. Officers de jure or de facto; and or
5. National, provincial or municipal 2. Under color of a known and valid
officials appointment or election, but
where the officer has failed to
conform to some precedent

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
6
MEMORY  AID  IN  POLITICAL  LAW  

requirement or condition (e.g., technically


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

DE JURE DE FACTO Legal Effects of Acts


OFFICER OFFICER - valid insofar as they affect the
public
1. rests on the 1. on reputation Entitlement to Salaries
right General Rule: rightful incumbent may
recover from de facto officer salary
2. has lawful or 2. has possession received by latter during time of
title to the and performs
wrongful tenure even though latter
office the duties under
color of right is in good faith and under color of
without being title.(Monroy v. CA, 20 SCRA 620)

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
7
MEMORY  AID  IN  POLITICAL  LAW  

Exception: when there is no de jure appropriate examination but


public officer, de facto officer who otherwise meets the
entitled to salaries for period when requirements for appointment to
he actually discharged a regular position in the
functions.(Civil Liberties Union v. competitive service, whenever a
Exec. Sec., 194 SCRA 317) vacancy occurs and the filling
Challenge to a De Facto Officer: must be thereof is necessary in the
in a direct proceeding where the title interest of the service and there
will be the principal issue is no appropriate register of
those who are eligible at the
IV. COMMENCEMENT OF OFFICIAL time of appointment;
RELATIONS: 4. Regular – made by President
1. by appointment; or while Congress is in session and
2. by election becomes effective after
nomination is confirmed by the
Appointment – selection, by authority Commission on Appointments
vested with power, of individual who is and continues until the end of
to perform functions of a given office. term; and
 Essentially a discretionary power 5. Ad-interim –
and must be performed by the a. Recess -- made while
officer in which it is vested Congress is not in session,
according to his best lights, the before confirmation, is
only condition being that the immediately effective, and
appointee should possess the ceases to be valid if
minimum qualification disapproved or bypassed by
requirements prescribed by law CA upon next adjournment
for the position (Nachura, of Congress;
Reviewer in Political Law, p. b. Midnight – made by the
305) President before his term
expires, whether or not this
Commission – written evidence of is confirmed by the
appointment. Commission on
Appointments.
Designation – imposition of
additional duties, usually by law, on
a person already in public office. Regular Ad interim
appointment appointment
Classification of Appointments: Made during the Made during the
1. Permanent – extended to person legislative recess
possessing requisite session
qualification for the position and Made only after Made before
thus enjoys security of tenure; the nomination such
is confirmed by confirmation
2. Temporary – acting
the Commission
appointment, given to a non-civil on Appointments
service eligible is without a (CA)
definite tenure and is dependent Once confirmed Shall cease to be
upon the pleasure of the by the CA valid if
appointing power; continues until t disapproved by
3. Provisional- is one which may he end of the the CA or upon
be issued upon prior term of the the next
authorization of the appointee adjournment
Commissioner of Civil service in
accordance with the provisions Nepotism – all appointments in the
of the Civil Service Law and the national, provincial, city and
rule and standards to a person municipal governments or in any
who has no t qualified in an branch or instrumentality thereof,

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
8
MEMORY  AID  IN  POLITICAL  LAW  

including GOCC, made in favor of a Exceptions:


relative of the (1) appointing or (2) 1. statutory liability under the Civil
recommending authority or of the (3) Code (Arts. 27, 32 and 34);
chief of the bureau or office or of 2. When there is a clear showing of bad
the (4) persons exercising immediate faith, malice or negligence
supervision over him. A relative is (Administrative Code of 1987);
one within the 3rd degree either of 3. liability on contracts; and
consanguinity or affinity 4. liability on tort .

Vacancy – when an office is empty Threefold Liability Rule – wrongful


and without a legally qualified acts or omissions of public officers
incumbent appointed or elected to it may give rise to civil, criminal, and
with a lawful right to exercise its administrative liability. (CAC
powers and performs its duties. liability rule)

Classifications of vacancy: Liability of Ministerial Officers:


1. original – when an office is 1. Nonfeasance – neglect or refusal to
created and no one has been perform an act which is officer’s
appointed to fill it; legal obligation to perform;
2. constructive – when the 2. Misfeasance – failure to use that
incumbent has no legal right degree of care, skill and diligence
or claim to continue in office required in the performance of
and can be legally replaced official duty; and
by another functionary; 3. Malfeasance – doing, through
3. accidental – when the ignorance, inattention or malice, of
incumbent having died, an act which he had no legal right to
resigned, or been removed; perform.
4. absolute – when the term of
an incumbent having expired Doctrine of Command Responsibility
and the latter not having  A superior officer is liable for acts of
held over, no successor is in a subordinate when: (ERCAL)
being who is legally qualified 1. he negligently or willfully employs or
to assume the office. retains unfit or incompetent
subordinates;
V. POWERS AND DUTIES OF A 2. he negligently or willfully fails to
PUBLIC OFFICER: require subordinate to conform to
1. Ministerial – discharge is imperative prescribed regulations;
and requires neither judgment nor 3. he negligently or carelessly oversees
discretion, mandamus will lie; and business of office as to furnish
2. Discretionary – imposed by law subordinate an opportunity for
wherein officer has right to decide default;
how and when duty shall be 4. he directed or authorized or
performed, mandamus will not lie. cooperated in the wrong; or
5. law expressly makes him liable.
II. LIABILITY OF PUBLIC OFFICER
 Under the Revised Admin. Code of
General Rule: not liable for injuries 1987, A Superior Officer shall be
sustained by another as a consequence liable for acts of subordinate officers
of official acts done within the scope of only if he has actually authorized be
his authority, except as otherwise written order the specific act or
provided by law. misconduct complained.
 A Public Officer shall not be civilly  Subordinate officers are also liable
liable for acts done in the for willful or negligent acts even if
performance of his duties he acted under orders if such acts
are contrary to law, morals, public
policy and good customs

POLITICAL  LAW  COMMITTEE              


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

d. grounds – if the charge against


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

POLITICAL  LAW  COMMITTEE              


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

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


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

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
11
MEMORY  AID  IN  POLITICAL  LAW  

a. salary – personal simultaneously for approval by


compensation to be paid to the Commission, the disapproval
public officer for his services of the appointment of a person
and it is generally a fixed proposed to a higher position
annual or periodical payment invalidates the promotion of
depending on the time and those in the lower positions and
not on the amount of the automatically restores them to
service he may render; their former positions.
b. per diem – allowance for
days actually spent in the 4. Right to vacation leave and sick
performance of official leave with pay;
duties;
c. honorarium – something 5. Right to maternity leave;
given as not as a matter of
obligation, but in 6. Right to pension and gratuity;
appreciation for services Pension – regular allowance paid
rendered; to an individual or a group of
d. fee – payment for services individuals by the government in
rendered or on commission consideration of services
on moneys officially passing rendered or in recognition of
through their hands; and merit, civil or military.
e. emoluments – profits arising Gratuity – a donation and an act
from the office, received as of pure liberality on the part of
compensation for services or the State.
which is annexed to the
office as salary, fees, or 7. Right to retirement pay;
perquisites.
8. Right to reimbursement for expenses
3. Right to Preference in Promotion incurred in performance of duty;
Promotion – movement from one
position to another with increase 9. Right to be indemnified against any
in duties and responsibilities as liability which they may incur in
authorized by law and usually bona fide discharge of duties; and
accompanied by an increase in
pay. 10. Right to longevity pay.

Next-in-Rank Rule – the person 11. Right to Self-Organization


next in rank shall be given Art III, Sec 8 1987Consti. Note: Civil
preference in promotion when the servants are now given the right to self
position immediately above his is organize but they may not stage strikes
vacated. But the appointing (see: SSS Employees Assoc. vs. CA, 175
authority still exercises his SCRA 686)
discretion and is not bound by
this rule.
 Appointing officer is only VIII. MODES OF TERMINATION
required to give special OFFICIAL RELATIONSHIP:
reasons for not appointing (TR3A3P DIFC2IT)
officer next in rank if he fills 1. expiration of term or tenure;
vacancy by promotion in 2. reaching the age limit;
disregard of the next in rank 3. resignation;
rule. (Pineda vs. Claudio, 28 4. recall;
SCRA 34) 5. removal;
6. abandonment;
Automatic Reversion Rule – all 7. acceptance of incompatible office;
appointments involved in chain of 8. abolition of office;
promotions must be submitted

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
12
MEMORY  AID  IN  POLITICAL  LAW  

9. prescription of right to office (within Mayors of component cities -


one year after the cause of ouster or Provincial Governor;
the right to hold such office or g. Sanggunian Members –
position arose); Sanggunian concerned; and
10. impeachment; h. Elective Barangay Officials –
11. death; Municipal or City Mayors
12. failure to assume elective office
within 6 months from proclamation; Recall - termination of official
13. conviction of a crime; and relationship for loss of confidence
14. filing of certificate of candidacy. prior to expiration of his term
through the will of the people.
 When public officer holds office at
pleasure of appointing power, his Limitations on Recall:
replacement amounts to expiration 1. any elective official may be subject
of his term, not removal.(Alajar vs of a recall election only once during
Alba, 100 Phil 683) his term of office for loss of
confidence; and
Principle of Hold-Over – if no express or 2. no recall shall take place within one
implied Constitutional or statutory year from date of the official’s
provision to the contrary, public officer assumption to office or one year
is entitled to hold office until successor immediately preceding a regular
has been chosen and shall have local election.
qualified.
Purpose: to prevent hiatus in public Procedure for Recall (Secs. 70-72, R.A.
office. (But subject to Art. 237 of 7160)
RPC) 1. Initiation of the Recall Process:
a. by a Preparatory Recall
Retirement: Assembly (PRA) composed of:
 Members of Judiciary : 70 years of i. Provincial – mayors, vice
age mayors and sanggunian (sg)
 Other government officers and members of the
employees : 65 years of age municipalities and
 Optional retirement age: after component cities;
rendition of minimum number of ii. City – punong barangay and
years of service. (sg) barangay members;
iii. Legislative District:
Accepting Authority for Resignation: iiia. SG Panlalawigan –
1. to competent authority provided by municipal officials in
law; the district;
2. If law is silent and public officer is iiib. SG Panglunsod –
appointed, tender to appointing barangay officials in
officer; the district;
3. If law is silent and public officer is iv. Municipal - punong barangay
elected, tender to officer authorized and (sg) barangay members;
by law to call election to fill  majority of the PRA
vacancy: members shall convene in
a. President and Vice-President - session in a public place;
Congress  recall of the officials
b. Members of Congress - concerned shall be validly
respective Chambers initiated through a resolution
e. Governors, Vice Governors, adopted by a majority of all
Mayors and Vice Mayors of HUC’s the PRA members concerned
and independent component b. by the Registered Voters (RV) in
cities - President. the province, city, municipality
f. Municipal Mayors and Vice or barangay (LGU) concerned -
Mayors/City Mayors and Vice at least 25% of the total number

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
13
MEMORY  AID  IN  POLITICAL  LAW  

of RV in the LGU concerned 3. Election on Recall – COMELEC shall


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

ELECTION LAW

POLITICAL  LAW  COMMITTEE              


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

I.SUFFRAGE G.R. No. 134096, March 3,


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

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
15
MEMORY  AID  IN  POLITICAL  LAW  

party when there is violence, supports certain of its leaders and


terrorism, loss or destruction of members as candidate in public office.
election paraphernalia or records, (Bayan Muna v. Comelec, GR No. 147613,
force majeure, or other analogous June 28, 2001)
cause of such a nature that the
holding of a free, orderly and honest • To acquire juridical personality
election becomes impossible in any and to entitle it to rights and
political subdivision. (Sec. 5, B.P. privileges granted to political
881) parties, it must be registered
with COMELEC
• The COMELEC shall call for the
holding of the election on a date • policies for the general conduct
reasonably close to the date of of government and which, as the
the election not held, most immediate means of
suspended, or which resulted in securing their adoption,
a failure to elect but not later regularly nominates and supports
than 30 days after the cessation certain of its leaders and
of the cause for such members as candidate in public
postponement or suspension of office. (Bayan Muna v. Comelec,
the election or failure to elect. GR No. 147613, June 28, 2001)
(Sec. 5, B.P. 881)
• To acquire juridical personality
Qualification for Suffrage: and to entitle it to rights and
1. Filipino citizen; privileges granted to political
2. At least 18 years of age; parties, it must be registered
3. Resident of the Philippines for at with COMELEC.
least one year;
4. Resident of place where he proposes Groups Disqualified for Registration:
to vote for at least 6 months; and 1. religious denominations or sects;
5. Not otherwise disqualified by law. 2. those who seek to achieve their
goals through violence or unlawful
Disqualification: means;
1. person convicted by final judgment 3. those who refuse to uphold and
to suffer imprisonment for not less adhere to Constitution; and
than 1 year, unless pardoned or 4. those supported by foreign
granted amnesty; but right governments.
reacquired upon expiration of 5
years after service of sentence; Grounds for Cancellation of
2. person adjudged by final judgment Registration:
of having committed any crime
involving disloyalty to government or 1. accepting financial contributions
any crime against national security; from foreign governments or their
but right is reacquired upon agencies; and
expiration of 5 years after service of 2. failure to obtain at least 10% of
sentence; and votes casts in constituency where
3. insane or incompetent persons as party fielded candidates.
declared by competent authority
(Sec. 118, OEC).

II. POLITICAL PARTY Party System – a free and open party


- organized group of citizens system shall be allowed to evolve
advocating an ideology or platform, according to free choice of people.
principles and policies for the general  no votes cast in favor of political
conduct of government and which, as party, organization or coalition
the most immediate means of securing shall be valid except for those
their adoption, regularly nominates and registered under the party-list

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
16
MEMORY  AID  IN  POLITICAL  LAW  

system provided in the e. it violates or fails to comply with


Constitution; laws, rules or regulation relating
 political parties registered under to elections;
party-list system shall be f. it declares untruthful statements
entitled to appoint poll watchers in its petition;
in accordance with law; and g. it has ceased to exist for at least
 part-list representatives shall one (1) year; or
constitute 20% of total number h. it fails to participate in the last
of representatives in the House. two (2) preceding elections or
fails to obtain at least two per
Guidelines for screening party-list centum (2%) of the votes cast
participants under the party-list system in
1. The political party, sector, two (2) preceding elections for
organization or coalition must the constituency in which it has
represent the marginalized and registered.
underrepresented groups identified 5. the party or organization must not
in Sec. 5 of RA 7941. Majority of its be an adjunct of, or a project
member-ship should belong to the organized or an entity funded or
marginalized and underrepresented; assisted by, the government.
2. While even major political parties 6. the party, including its nominees
are expressly allowed by RA 7941 must comply with the qualification
and the Constitution, they must requirements of section 9, RA 7941
comply with the declared statutory as follows: “No person shall be
policy of “Filipino citizens belonging nominated as party-list
to marginalized and under- representative unless he is: (a)
represented sectors to be elected to natural-born citizen of the
the House of Representatives”. Philippines; (b) a registered voter;
Thus, they must show that they (c) a resident of the Philippines for a
represent the interest of the period of not less than one year
marginalized and underrepresented. immediately preceding the day of
3. That religious sector may not be the election; (d) able to read and
represented in the party-list system; write; (e) a bona fide member of the
except that priests, imam or pastors party or organization which he seeks
may be elected should they to represent for at least 90 days
represent not their religious sect but preceding the day of the election;
the indigenous community sector; and (f) at least 25 years of age on
4. A party or an organization must not the day of the election. In case of a
be disqualified under Sec. 6, RA 7941 nominee of the youth sector, he
as follows: must at least be twenty five (25) but
a. it is a religious sect or not more than thirty (30) years of
denomination, organization or age on the day of the election. Any
association organized for youth sectoral representative who
religious purposes; attains the age of thirty (30) during
b. it advocates violence or unlawful his term shall be allowed to continue
means to seek its goals; in office until the expiration of his
c. it is a foreign party or terms”;
organization;
d. it is receiving support from any
foreign government, foreign 7. not only the candidate party or
political party, foundation, organization must represent
organization, whether directly or marginalized and underrepresented
through any of its officers or sectors, so also must its nominees;
members or indirectly through 8. while lacking the a well-defined
third parties for partisan political constituency, the nominee
election purposes; must likewise be able to contribute
to the formation and enactment of

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
17
MEMORY  AID  IN  POLITICAL  LAW  

appropriate legislation that will for which certificate has been filed,
benefit the nation as a whole. (Ang and thus prevent a faithful
Bagong Bayani-OFW Labor Party, v. determination of true will of
COMELEC, GR No. 147589, June 26, electorate.
2001).
IV. FAIR ELECTIONS ACT OF 2001 (RA
III. DISQUALIFICATION OF 9006)
CANDIDATES:
1. declared as incompetent or insane Lawful election Propaganda (sec. 3):
by competent authority;
2. convicted by final judgment for 1. Written/Printed Materials (does not
subversion, insurrection, rebellion or exceed 8 ½ in. width by 14 in.
any offense for which he has been length)
sentenced to a penalty of 18 months 2. Handwritten/printed letters
imprisonment; 3. Posters (not exceeding 2 x 3 ft.)
3. convicted by final judgment for  3 by 8 ft. allowed in
crime involving moral turpitude; announcing, at the site and
4. any person who is permanent on the occasion of a public
resident of or immigrant to a foreign meeting or rally, may be
country; and displayed 5 days before the
5. one who has violated provisions on: date of rally but shall be
a. campaign period; removed within 24 hours
b. removal, destruction of lawful after said rally.
election propaganda; 4. Print Ads
c. prohibited forms of propaganda;  ¼ page in broadsheets and ½
d. regulation of propaganda page in tabloids thrice a
through mass media; and week per newspaper,
e. election offenses. magazine or other
publication during the
- When a candidate has not yet been campaign period
disqualified by final judgment during 5. Broadcast Media (i.e. TV and
the election day and was voted for, Radio)
the votes cast in his favor cannot be
declared stray. To do so would NATIONAL LOCAL
amount to disenfranchising the POSITIONS POSITIONS
electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De 1. 120 minutes 1. 60 minutes
Venecia, G.R. No. 150605, December for TV for TV
10, 2002)
2. 180 minutes 2. 90 minutes
for Radio for Radio
Nuisance Candidate
– COMELEC may motu propio
or upon petition of Prohibited Campaign
interested party, refuse to 1. Public exhibition of movie,
give due course to or cancel cinematograph or documentary
certificate of candidacy if portraying the life or biography of a
shown that said certificate candidate during campaign period;
was filed: 2. Public exhibition of a movie,
1. to put election process in mockery or cinematograph or documentary
disrepute; portrayed by an actor or media
2. to cause confusion among voters by personality who is himself a
similarity of names of registered candidate;
candidates; 3. Use of airtime for campaign of a
3. by other circumstances or acts which media practitioner who is an official
demonstrate that a candidate has no of a party or a member of the
bona fide intention to run for office

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
18
MEMORY  AID  IN  POLITICAL  LAW  

campaign staff of a candidate or the name of the substitute candidates if


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

Substituted and Substitute Candidate III. ELECTION CONTESTS


- In case of valid substitutions
after the officials ballots have been Nature: special summary proceeding
printed, the votes cast for the object of which is to expedite
substituted candidates shall be settlement of controversies between
considered as stray votes but shall not candidates as to who received majority
invalidate the whole ballot. For this of legal votes.
purpose, the official ballots shall provide Purpose: to ascertain true will of people
for spaces where the voters may write and duly elected officer, and this could

POLITICAL  LAW  COMMITTEE              


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

be achieved by throwing wide open the  petition for review on Certiorari


appeal before the court. with SC on ground of grave abuse
of discretion amounting to lack
Contest: any matter involving title or or excess of jurisdiction or
claim of title to an elective office, made violation of due process.
before or after proclamation of winner,
whether or not contestant is claiming Actions Which May Be Filed:
office in dispute. 1. Election Protest
Election, Returns and qualification – - May be filed by any candidate who
refers to all matters affecting validity of has filed a certificate of candidacy
the contestee’s title to the position. and has been voted upon for the
same officer;
Election – conduct of the polls, Grounds:
including the registration of voters, a. fraud;
holding of election campaign, and b. terrorism;
casting and counting of votes. c. irregularities; or
d. illegal acts
Returns – include the canvass of  committed before, during, or
returns and proclamation of winners, after casting and counting of
together with questions concerning votes
composition of Board of Canvassers Time to file: within 10 days from
and authenticity of election returns. proclamation of results of election.

Qualifications – matter which could 2. Quo warranto


be raised in a quo warranto - Filed by any registered voter in the
proceedings against the proclaimed constituency
winner, such as his disloyalty to the
Republic or his ineligibility or Grounds:
inadequacy of his certificate of a. ineligibility; or
candidacy. b. disloyalty to Republic.
Time to file: within 10 days from
Original Exclusive Jurisdiction Over proclamation of results of election.
Election Contests
1. President and Vice-President - QUO WARRANTO QUO WARRANTO
Supreme Court en banc IN ELECTIVE IN APPOINTIVE
2. Senator - Senate Electoral Tribunal OFFICE OFFICE
3. Representative - HR Electoral 1. determination is 1. determination is
Tribunal eligibility of legality of
4. Regional/Provincial/City - COMELEC candidate-elect appointment
5. Municipal - RTC 2. when person 2. court may
6. Barangay - MTC elected is determine as to
declared who among the
ineligible, court parties has legal
Appellate Jurisdiction: cannot declare 2nd title to office
1. For decisions of RTC and MTC placer as elected,
 appeal to COMELEC whose even if eligible
decision shall be final and
executory; IV. ELECTION OFFENSES
2. For decisions of COMELEC
 petition for review on Certiorari Vote-Buying and Vote-Selling
with SC within 30 days from (1) Any person who gives, offers
receipt of decision on ground of or promises money or anything of
grave abuse of discretion value, gives or promises any
amounting to lack or excess of office or employment, franchise
jurisdiction or violation of due or grant, public or private, or
process; makes or offers to make an
3. For decisions of Electoral Tribunal expenditure, directly or

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
20
MEMORY  AID  IN  POLITICAL  LAW  

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

LAW ON PUBLIC CORPORATION

POLITICAL  LAW  COMMITTEE              


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

I. LOCAL GOVERNMENT CODE OF 1991 local autonomy to enable them to


(R.A. 7160) attain fullest development and make
them more effective partners in
Effectivity: January 1, 1992 attaining national goals;
2. Ensure accountability of LGU’s
Scope of Application of Local through institution of effective
Government Code: mechanisms of recall, initiative and
Applicable to: referendum; and
1. all provinces, 3. Require all national agencies and
2. cities, offices to conduct periodic
3. municipalities, consultations with appropriate
4. barangays; LGU’s, NGO’s and People’s
5. and other political subdivisions Organizations and other concerned
as may be created by law; and sector of community before any
6. to the extent provided in the project or program is implemented
Local Government Code: in their respective jurisdictions.
a. to officials,
b. offices, or Rules on Interpretation:
c. agencies of the National 1. provision on power: liberally
Government. interpreted in favor of LGU; in case
of doubt, resolved in favor of
Local Autonomy – in its constitutional devolution of powers;
sense, to polarize LGU’s from over 2. ordinance or revenue measure:
dependence on central government and construed strictly against LGU
do not make LGU’s mini-republics or enacting it and liberally in favor of
imperium in imperia. tax payer;
3. tax exemptions, incentive or relief
Decentralization of Administration – granted by LGU: construed against
central government delegates person claiming;
administrative powers to political 4. general welfare provisions: liberally
subdivisions in order to broaden base of interpreted to give more powers to
government power and in process make LGU’s in accelerating economic
LGU’s more responsive and accountable development and upgrading quality
and ensure their fullest development as of life for people in community;
self-reliant communities and make them 5. rights and obligations existing on
effective partners in the pursuit of date of effectivity of LGC of 1991
national development and social and arising out of contracts or any
progress. other source of prestation involving
LGU, shall be governed by original
Decentralization of Power – involves terms and conditions of said
abdication of political power in favor of contracts or law in force at time
LGU’s declared autonomous.(Limbona v. such rights were vested; and
Mengelin, 170 SCRA 786). 6. resolution of controversies arising
under LGC of 1991 where no legal
Devolution – act by which national provision or jurisprudence applies,
government confers power and authority resort may be had to customs and
upon various LGU’s to perform specific traditions in place where
functions and responsibilities.[Sec.17(e), controversies take place.
par.2, LGC]. II. PUBLIC CORPORATION
- one formed and organized for the
government of a portion of the State.

Declaration of Policy: Elements of Public Corporation:


1. legal creation or incorporation;
1. Territorial and subdivisions of State 2. corporate name;
shall enjoy genuine and meaningful 3. inhabitants; and

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
22
MEMORY  AID  IN  POLITICAL  LAW  

4. territory. of LGU’s within its territorial


jurisdiction.
Classes of Corporation:
1. Quasi-corporation – public 2. City – composed of more urbanized
corporations created as agencies of and developed barangays, serves as
State for narrow and limited a general purpose government for
purposes. coordination and delivery of basic,
2. Municipal corporation – body politic regular and direct services and
and corporate constituted by effective governance of inhabitants
incorporation of inhabitants of city within its territorial jurisdiction;
or town purposes of local
government thereof or as agency of 3. Municipality – consisting of group of
State to assist in civil government of barangays, serves primarily as a
the country. general purpose government for
3. Quasi-public corporation – private coordination and delivery of basic,
corporation that renders public regular and direct services and
service or supplies public wants. effective governance of inhabitants
within its territorial jurisdiction;
PUBLIC PRIVATE
CORPORATION CORPORATION 4. Barangay – basic political unit which
serves as primary planning and
1. established for 1. created for private implementing unit of government
purposes of aim, gain or benefit policies, plans, programs, projects
administration of of members and activities in community, and as a
civil and local
forum wherein collective views of
governments
people may be expressed,
2. creation of State 2. created by will of crystalized and considered and
either by special or incorporators with where disputes may be amicably
general act recognizance of settled;
State
3. involuntary 3. voluntary 5. Autonomous Regions – created for
consequence agreement by and decentralization of administration or
legislation among members decentralization of government; and

6. Special metropolitan political


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

IV. TERRITORIAL AND POLITICAL • Plebiscite Requirement –


SUBDIVISIONS ENJOYING approved by a majority of
LOCAL AUTONOMY: the votes cast in a plebiscite
1. Province – cluster of municipalities, called for the purpose in the
or municipalities and component political unit/s directly
cities, and serves as dynamic affected (Sec. 10, R.A. 7160)
mechanism for developmental • Based on verifiable
processes and effective governance indicators of viability and

POLITICAL  LAW  COMMITTEE              


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

projected capacity to 3. Intramural and extramural; and


provide services (Sec. 7, R.A. 4. Mandatory and directory; ministerial
7160) [Note: see Annex C] and discretionary.

Beginning of Corporate Existence Governmental Powers of LGU:


• upon election and qualification 1. General Welfare – (Sec. 16, R.A.
of its chief executive and 7160) statutory grant of police
majority of members of its power to LGU’s. It is limited to:
Sanggunian, unless some other a. territoriality;
time is fixed therefore by law or b. equal protection clause;
ordinance creating it. c. due process clause; and
• Mode of Inquiry to Legal d. must not be contrary to law.
Existence of LGU: Quo warranto 2. Delivery of basic services and
which is reserved to State or facilities – (Sec. 17, of R.A. 7160);
other direct proceedings 3. Power to generate and apply
resources – (Sec. 18, of R.A. 7160);
Abolition of LGU: 4. Eminent Domain – (Sec. 19, of R.A.
 When income, population, or land 7160);
area of LGU has been reduced to less Additional Limitations for Exercise
than minimum standards prescribed by LGU:
for its creation. The law or a. exercise by local chief executive
ordinance abolishing LGU shall pursuant to an ordinance;
specify the province, city, b. for public use, purpose or
municipality or barangay with which welfare for benefit of poor and
LGU sought to be abolished will be landless;
incorporated or merged. c. payment of just compensation;
and
Division and Merger of LGU’s d. only after valid and definite
 shall comply with same offer had been made to, and not
requirements, provided: accepted by owner.(Municipality
1. shall not reduce income, population of Parañaque v. V.M. Realty
or land area of LGU concerned to Corp., 292 SCRA 678)
less than the minimum requirements 5. Reclassification of Lands – (Sec. 20
prescribed; of RA 7160)
2. income classification of original LGU Limited by following percentage of
shall not fall below its current total agricultural land area:
income classification prior to a. for HUC and independent
division; component cities: 15%;
3. Plebiscite be held in LGU’s affected. b. for component cities and 1st to
4. Assets and liabilities of creation shall 3rd class municipalities: 10% ;
be equitably distributed between the and
LGU’s affected and new LGU. When c. for 4th to 6th class municipalities:
municipal district of other territorial 5%.
divisions is converted or fused into a 6. Closure and opening of roads – (Sec.
municipality all property rights 21 of RA 7160)
vested in original territorial
organization shall become vested in In case of permanent closure:
government of municipality. a. adequate provision for public
safety must be made; and
V. POWERS OF LGUs b. may be properly used or
conveyed for any purpose for
Classification of Powers of Local which other real property may
Government Units be lawfully used or conveyed;
1. Express, implied and inherent; provided no freedom park be
2. Public or governmental, private or permanently closed without
proprietary;

POLITICAL  LAW  COMMITTEE              


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

provisions or transfer to new Requisites of valid municipal


site. contracts:
7. Local legislative power – (Secs. 48- a. LGU has express, implied, or
59 of RA 7160) inherent power to enter into a
Approval of ordinances: particular contract;
a. local chief executive with his b. Entered into by proper
signature on each and every department, board,
page; committee, or agent;
b. if local chief executive vetoes c. Must comply with substantive
the same, may be overridden by requirements;
2/3 vote of all sanggunian d. Must comply with formal
members; requirements; and
(i) grounds for veto: e. In case entered into by local
ordinance is ultra vires chief executive on behalf of
or prejudicial to public LGU, prior authorization by
welfare; Sanggunian concerned is
(ii) local chief executive needed
may veto particular 6. to exercise such other powers as
item/s of appropriation granted to corporation, subject to
ordinance, adoption of limitations provided in Local
local development plan Government Code of 1991 and other
and public investment laws.
plan, or ordinance
directing payment of VI. MUNICIPAL LIABILITY:
money or creating
liability; and Rule: Local government units and their
(iii) local chief executive officials are not exempt from liability for
may veto an ordinance death or injury to persons or damage to
only once; property (Sec. 24, R.A. 7160)
c. veto communicated to 1. Statutory provisions on liability:
sanggunian within 15 days for a. Art. 2189, Civil Code – defective
province and 10 days for city or condition of roads, streets,
municipality. bridges, public buildings, and
other public works;
Requisites for validity: b. Art. 2180(6th par.), Civil Code –
a. must not contravene the acts through a special agent;
Constitution and any statute; d. Art. 34, Civil Code – failure or
b. must not be unfair or oppressive; refusal of a member of the
c. must not be partial or police force to render aid and
discriminatory; protection in case of danger to
d. must not prohibit, but may life and property
regulate trade; 2. for Tort – depends if engaged in:
e. must not be unreasonable; and a. governmental functions – not
f. must be general in application liable;
and consistent with public policy. b. proprietary functions – liable

Barangay Chairman has no


• 3. for Violation of Law
veto power. 4. for Contracts – if contract is:
Corporate Powers of LGU: a. intra vires – liable;
1. to have continuous succession in its b. ultra vires – not liable
corporate name;  Doctrine of Implied Municipal
2. to sue and be sued; Liability – a municipality may
3. to have and use a corporate seal; become obligated upon an
4. to acquire and convey real or implied contract to pay the
personal property; reasonable value of the benefits
5. power to enter into contracts; accepted or appropriated by it

POLITICAL  LAW  COMMITTEE              


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

as to which it has the general 5. fugitives from justice in criminal or


power to contract (Province of non-political cases here or abroad;
Cebu v. IAC, 147 SCRA 447); the 6. permanent resident in foreign
doctrine applies to all cases country; and
where money or other property 7. insane or feeble-minded.(Sec.40,
of a party is received under such RA.7160)
circumstances that the general
law, independent of an express VIII. MANNER OF ELECTION
contract, implies an obligation 1. Elected at large
to do justice with respect to the a. Governor; Vice Governor;
same (Nachura, Reviewer in b. City or municipal mayor; City or
Political Law, p. 431) municipal vice-mayor;
c. Punong barangay,
VII. QUALIFICATION OF ELECTIVE d. SK chairman, elected by voters
LOCAL OFFICIALS: of Katipunan ng Kabataan
1. citizen of the Philippines;
2. registered voter of barangay, 2. Elected by District
municipality, city, province, or a. regular members of Sanggunian
district where he intends to be b. ex-officio members of
elected; Sanggunian
3. resident therein for at least 1 year (i.) panlalawigan
preceding election; • president of leagues of
4. able to read and write Filipino or sanggunian members of
local language or dialect; and component cities and
5. age: municipalities; and
a. 23 years of age – Governor, Vice • president of liga ng mga
Governor, Board Member, barangay and pederasyon
Mayor, Vice Mayor or Member of ng mga sanggunian
City Council for HUC’s. kabataan
b. 21 years of age – Mayor or Vice (ii.) panlunsod
Mayor of ICC’s, component cities • president of liga ng mga
or municipalities; barangay and the
c. 18 years of age – members of pederasyon ng mga SB
ICC or component city or (iii.) bayan
municipal council or punong • president of liga ng mga
barangay or member of barangay and the
barangay council; pederasyon ng mga
d. at least 15 but not 21 years of sanggunian kabataan
age – candidate for sanggunian
kabataan. 3. Sectoral representatives – women,
(Sec. 39, RA 7160) worker, urban poor, and other
sectors allowed by law.
Disqualification of Elective Local
Official: Date of Election: Every 3 years on
1. sentenced by final judgment for 2nd Monday of May, unless otherwise
offense involving moral turpitude or provided by law.
punishable by 1 year or more of
imprisonment within 2 after service Term of Office: 3 years starting
of sentence; from noon of June 30 next following
2. those removed from office due to the election or such date as may be
administrative cases; provided by law, except that of
3. those convicted by final judgment elective barangay officials, for
for violating oath of allegiance to maximum of 3 consecutive terms in
the Republic; same position.
4. those with dual citizenship; Consecutive: After three
consecutive terms, an elective

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
26
MEMORY  AID  IN  POLITICAL  LAW  

local official cannot seek status of an immigrant of another


immediate reelection for a country; and
fourth term. The prohibited 8. such other grounds as may be
election refers to the next provided in EC and other laws
regular election for the same
office following the end of the • Under Sec. 60 of RA 7160 an
third consecutive term. Any elective local official may be
other subsequent election, like a removed from office on the
recall election is no longer grounds enumerated above
covered by the prohibition by order of the proper court
(Socrates vs. Comelec, G.R. No. only (Salalima vs Guingona,
154512, November 12, 2002). 257 SCRA 55)

IX. GROUNDS FOR DISCIPLINARY


ACTIONS:
1. disloyalty to the Republic;
2. culpable violation of the
Constitution;

3. dishonesty, oppression, misconduct


in office, gross negligence or
dereliction of duty;
4. commission of offense involving
moral turpitude or offense
punishable by at least prision mayor;
5. abuse of authority;
6. unauthorized absence for 15
consecutive working days except
sanggunian members;
7. application for, acquisition of ,
foreign citizenship or residence or

POLITICAL  LAW  COMMITTEE              


CHAIRPERSON:  Jonathan  Mangundayao    ASST.  CHAIRPERSON:  Andre  Jacobo     EDP:  Shantel  Aceret   MEMBERS:  Jeff    
Alarilla,  Carlo  Bautista,  Mark  Anthony  Bayquen,  Ian  Camara,  Barbara  Jill  Clara,  Ryan  Co,  Bethany  Conde,  Beatriz  Geronilla,  Mary    
Ann  Charisma  Gutierrez,  Christopher  Linag,  Hazel  Manaog,  Leah  Merida,  Jenery  Perez.    Fred  Prieto,  Russel  Tacla,  Ma.Melissa  Yoro,    
Joy  Zabala    
San Beda College of Law
27
MEMORY  AID  IN  POLITICAL  LAW  

POLITICAL  LAW  COMMITTEE              


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

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