Вы находитесь на странице: 1из 7

ADMINISTRATIVE LAW Branch of modern law under which the executive department of the government, acting in a quasi-legislative or quasi-judicial

l capacity, interferes with the conduct of the individual for the purpose of promoting the well-being of the community. I. ADMINISTRATIVE BODIES OR AGENCIES A body, other than the courts and the legislature, endowed with quasilegislative and quasi-judicial powers for the purpose of enabling it to carry out laws entrusted to it for enforcement or execution. How Created: 1. by constitutional provision; 2. by legislative enactment; and 3. by authority of law. II. POWERS OF ADMINISTRATIVE A. BODIES

general applicability prospective; it envisages the promulgation of a rule or regulation generally applicable in the future

applies to a specific situation present determination of rights, privileges or duties as of previous or present time or occurrence

B. QUASI-JUDICIAL OR ADJUDICATORY POWER Proceedings partake of nature of judicial proceedings. Administrative body granted authority to promulgate its own rules of procedure. Power of the 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.

QUASI-LEGISLATIVE OR RULEMAKING POWER Includes the following powers: The authority delegated by the law-making body to the administrative 1. Prescribe rules of procedure body to adopt rules and regulations intended to carry out the 2. Subpoena power provisions of a law and implement the legislative policy. 3. Contempt Power Kinds: Administrative Due Process: 1. Legislative regulation 1. right to a hearing; a. Supplementary or detailed legislation, e.g. Rules and Regulations Implementing the Labor Code; 2. tribunal must consider evidence presented; b. Contingent regulation. 3. decision must have something to support itself; 2. Interpretative legislation, e.g. BIR Circulars 4. evidence must be substantial; 5. decision must be based on evidence adduced at the Requisites for valid exercise: hearing or at least contained in the records and disclosed to 1. Issued under authority of law; parties; 2. Within the scope and purview of the law; 6. board or judge must act on its or his own independent consideration of facts and law of the case, and not simply accept 3. Promulgated in accordance with the prescribed procedure: the view of the subordinate in arriving at a decision; and a. notice and hearing generally, not required; only when: i. the legislature itself requires it and mandates that the 7. decision must be rendered in such a manner that regulation shall be based on certain facts as determined at parties to controversy can know various issues involved and the an appropriate investigation. reason for the decision rendered (Ang Tibay vs CIR, 69 Phil ii. the regulation is a settlement of a controversy between 635). specific parties; considered as an administrative adjudication (Cruz, Philippine Administrative Law, p.42 - Substantial Evidence such relevant evidence that a reasonable mind 43); or might accept as adequate to support a conclusion. iii. the administrative rule is in the nature of subordinate legislation designed to implement a law by providing its Administrative Determinations Where Notice and Hearing Not details (CIR v. Court of Appeals, 261 SCRA 236). Necessary: b. publication. 1. summary proceedings of distraint and levy upon 4. Reasonable. property of delinquent taxpayer; 2. grant of provisional authority for increase of rates, or to Requisites for Validity of Administrative Rules With Penal Sanctions: engage in particular line of business; 1. law itself must declare as punishable the violation of administrative 3. cancellation of passport where no abuse of discretion rule or regulation; is committed; 2. law should define or fix penalty therefore; and 4. summary abatement of nuisance per se which affects 3. rule or regulation must be published. safety of persons or property; Doctrine of Subordinate Legislation power of administrative agency to 5. preventive suspension of officer or employee pending promulgate rules and regulations on matters of their own specialization investigation; and 6. grant or revocation of licenses or permits to operate Doctrine of Legislative Approval by Re-enactment - the rules and certain businesses affecting public order or morals. regulations promulgated by the proper administrative agency implementing the law are deemed confirmed and approved by the Legislature when said Administrative Appeal or Review law was re-enacted by later legislation or through codification. The 1. Where provided by law, appeal from administrative Legislature is presumed to have full knowledge of the contents of the determination may be made to a higher or superior regulations then at the time of re-enactment. administrative officer or body. 2. By virtue of power of control of President, President QUASI-LEGISLATIVE QUASIhimself or through Department Head may affirm, modify, alter, or FUNCTION JUDICIAL FUNCTION reverse administrative decision of subordinate. 3. Appellate administrative agency may conduct additional hearing in appealed case, if deemed necessary. consists of issuance of refers to its end product rules and regulations called order, reward or decision Res judicata effect of Administritve Decisions

to determine jurisdiction of any administrative board, commission or officer; 3. to determine any other questions of law; and 4. to determine questions of facts when necessary to determine either: C. DETERMINATIVE POWERS constitutional or jurisdictional issue; 1. enabling permits the doing of an b. commission of abuse of authority; and act which the law undertakes to regulate c. when administrative fact-finding body is unduly 2. directing orders the doing or restricted by an error of law. performance of particular acts to ensure compliance with the law and are often exercised for corrective purposes; General Rule: Findings of facts of administrative agencies accorded great 3. dispensing to relax the general weight by the courts. operation of a law or to exempt from general prohibition, or relieve an Exceptions to the Rule: individual or a corporation from an affirmative duty; 1. factual findings not supported by evidence; 4. examining also called 2. findings are vitiated by fraud, imposition or collusion; investigatory power; 3. procedure which led to factual findings is irregular; 5. summary power to apply 4. palpable errors are committed; and compulsion or force against persons or property to effectuate a legal 5. grave abuse of discretion, arbitrariness or purpose without judicial warrants to authorize such actions. capriciousness is manifest. has the force and binding effect of a final judgment (note: applies only to judicial and quasi-judicial proceedings not to exercise of administrative functions (Brillantes vs. Castro 99 Phil. 497).

2.

III. EXHAUSTION OF ADMINISTRATIVE REMEDIES Whenever there is an available administrative remedy provided Brandeis Doctrine of Assimilation of Facts: by law, no judicial recourse can be made until all such remedies Where what purports to be a finding upon a question of fact is so involved with and dependent upon a question of law as to be in substance and have been availed of and exhausted. effect a decision on the latter, the Court will, in order to decide the legal question, examine the entire record including the evidence if necessary. 1. Doctrine of Prior Resort or (Doctrine of Primary Administrative Jurisdiction) where there is competence or Powers of Administrative Agencies jurisdiction vested upon administrative body to act upon a matter, no resort to courts may be made before such administrative body shall 1. Quasi-legislative power / Power of subordinate legislation have acted upon the matter. 2. Quasi-judicial power/Power of adjudication 2. Doctrine of Finality of Administrative Action no resort to 3. Determinative powers (Note:Senator Neptali Gonzales calls them courts will be allowed unless administrative action has been incidental powers) completed and there is nothing left to be done in administrative structure. Definition of "Quasi-legislative power" 3. Judicial Relief from Threatened Administrative Action It is the authority delegated by the law-making body to the courts will not render a decree in advance of administrative action and administrative body to adopt rules and regulations intended to carry out the thereby render such action nugatory. It is not for the court to stop an provisions of a law and implement legislative policy. administrative officer from performing his statutory duty for fear that he will perform it wrongly. Distinctions between Quasi-legislative power and legislative power Effect of Failure to Exhaust Administrative Remedies: as a general rule, jurisdiction of the court is not affected but the complaint is vulnerable to dismissal for failure to state a cause of action.

1.

2. Exceptions to the Doctrine: 1. doctrine of qualified political agency (when the respondent is a department secretary whose acts as an alter ego Tests of Delegation (applies to the power to promulgate of the President bears the implied and assumed approval of the administrative regulations ) latter); except where law expressly provides exhaustion; 1. COMPLETENESS test. This means that the law must be complete in 2. administrative remedy is fruitless; all its terms and conditions when it leaves the legislature so that when 3. where there is estoppel on the part of the it reaches the delegate, it will have nothing to do but to enforce it. administrative agency; 2. SUFFICIENT STANDARD test. The law must offer a sufficient 4. issue involved is purely legal; standard to specify the limits of the delegates authority, announce the 5. administrative action is patently illegal, amounting to legislative policy and specify the conditions under which it is to be implemented. lack or excess of jurisdiction; Definition of Quasi-Judicial Power 6. where there is unreasonable delay or official inaction;

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. LEGISLATIVE power CANNOT be delegated. QUASI-legislative power CAN be delegated.

7. 9.

where there is irreparable injury or threat thereof, unless judicial recourse is immediately made; 8. in land case, subject matter is private; where law does not make exhaustion a condition precedent to judicial recourse; 10. where observance of the doctrine will result in nullification of claim; 11. where there are special reasons or circumstances demanding immediate court action; and 12. when due process of law is clearly violated. IV. JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS

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. Ex. Issuance of licenses to engage in a particular business.

2.DIRECTING powers When made: Those that involve the corrective powers of public utility commissions, 1. to determine constitutionality or validity of any treaty, law, powers of assessment under the revenue laws, reparations under public ordinance, executive order or regulation; utility laws, and awards under workmens compensation laws, and powers

of abstract determination such as definition-valuation, classification and fact finding Requisites for Proper Exercise of Quasi-Judicial Power 3. DISPENSING powers Exemplified by the authority to exempt from or relax a general prohibition, 1. Jurisdiction or authority to relieve from an affirmative duty. Its difference from licensing 2. Due process 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 Administrative Due Process : Requirements action. Usually without notice and hearing. Ex. Abatement of nuisance, summary destraint, levy of property of 1. Right to Notice, be it actual or constructive 2. Reasonable opportunity to appear and defend his rights and to delinquent tax payers introduce witnesses 3. Impartial tribunal with competent jurisdiction 5. EQUITABLE powers Those that pertain to the power to determine the law upon a particular 4. Finding or decision supported by substantial evidence state of facts. It refers to the right to, and must, consider and make proper Exceptions to the Notice and Hearing Requirement application of the rules of equity. Ex. Power to appoint a receiver, power to issue injunctions 1. Urgency of immediate action 2. Tentativeness of the administrative action Requisites of a Valid Administrative Regulation 3. Right was previously offered but not claimed 1. Its promulgation must be authorized by the legislature. 4. Summary abatement of a nuisance per se 2. It must be within the scope of the authority given by the legislature. 3. It must be promulgated in accordance with the prescribed procedure. 5. Preventive suspension of a public servant facing administrative charges 4. It must be reasonable 6. Padlocking of filthy restaurants/theaters showing obscene movies 7. Cancellation of a passport of a person sought for criminal prosecution Need for Previous Notice and Hearing 8. Summary distraint and levy of properties of a delinquent taxpayer 9. Replacement of a temporary or acting appointee 1. General Rule: Administrative rules of GENERAL application do NOT require previous notice and hearing. Questions Reviewable on Judicial Review: 2. Exception: When the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an 1. Questions of FACT appropriate investigation. The general rule is that courts will not disturb the findings of administrative 3. If the regulation is in effect a settlement of a controversy between agencies acting within the parameters of their own competence so long as specific parties, it is considered an administrative adjudication, such findings are supported by substantial evidence. By reason of their requiring notice and hearing. special knowledge, expertise, and experience, the courts ordinarily accord respect if not finality to factual findings of administrative tribunals. Prescribing of Rates 2. Question of LAW Administrative decision may be appealed to the courts independently of It can be either: legislative permission. It may be appealed even against legislative prohibition because the 1. LEGISLATIVE judiciary cannot be deprived of its inherent power to review all decisions on If the rules/rates are meant to apply to all enterprises of a given kind questions of law. throughout the country. No prior notice and hearing is required. Doctrine of Finality 2. QUASI-JUDICIAL Courts are reluctant to interfere with action of an administrative agency If the rules and rates imposed apply exclusively to a particular party, based prior to its completion or finality, the reason being that absent a final order upon a finding of fact. Prior notice and hearing is required. or decision, power has not been fully and finally exercised, and there can usually be no irreparable harm. Requirement of Publication EXCEPTIONS: Interlocutory order affecting the merits of a controversy; Preserve status quo pending further action by the administrative agency; Administrative Regulations that MUST be published: 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 1. Administrative regulations of GENERAL application. not reviewable in any other way; Order made in excess of power 2. Administrative regulations which are PENAL in nature. Doctrine of Primary Jurisdiction Administrative regulations that do NOT NEED to be PUBLISHED: 1. This doctrine states that courts cannot or will not determine a 1. Interpretative regulations controversy which requires the expertise, specialized skills and 2. Internal rules and regulations governing the personnel of the knowledge of the proper administrative bodies because technical administrative agency. matters of intricate questions of fact are involved. 2. Relief must first be obtained in an administrative proceeding before a 3. Letters of instruction issued by administrative superiors concerning remedy will be supplied by the court even though the matter is within guidelines to be followed by their subordinates. (Tanada v. Tuvera) the proper jurisdiction of a court. Doctrine of Prior Resort Special Requisites of a Valid Administrative Regulation with a PENAL sanction 1. 2. 3. When a claim originally cognizable in the courts involves issues which, under a regulatory scheme are within the special competence of an The law itself must make violation of the administrative regulation administrative agency, judicial proceedings will be suspended pending the punishable. referral of these issues to the administrative body for its view. The law itself must impose and specify the penalty for the violation of the regulation. Note: The doctrines of primary jurisdiction and prior resort have been The regulation must be published. considered to be interchangeable.

Doctrine of Exhaustion of Administrative Remedies 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. Reasons : a. to enable the administrative superiors to correct the errors committed by their subordinates. b. courts should refrain from disturbing the findings of administrative. bodies in deference to the doctrine of separation of powers. c. courts should not be saddled with the review of administrative cases d. 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.

Before the COMELEC can act on a verified petition seeking to declare a failure of elections, two conditions must concur, namely: (1) no voting took place in the precinct or precincts on the date fixed by law, or even if there was voting, the election resulted in a failure to elect; and (2) the votes not cast would have affected the result of the election (Tan vs. COMELEC, G.R. Nos. 148575-76, December 10, 2003). Postponement of Elections - An election may be postponed by the COMELEC either motu proprio or upon a verified petition by any interested party when there is violence, terrorism, loss or destruction of election paraphernalia or records, force majeure, or other analogous causes of such a nature that the holding of a free, orderly and honest election becomes impossible in any political subdivision (Sec. 5, B.P. 881).

2.

3. Exceptions

a. when the question raised is purely constitutional questions b. when the administrative body is in estopped c. when act complained of is patently illegal II. POLITICAL PARTY d. when there is urgent need for judicial intervention e. when claim involved is small organized group of citizens advocating an ideology or platform, f. when irreparable damage is involved principles and policies for the general conduct of government and g. when there is no other plain, speedy , adequate remedy which, as the most immediate means of securing their adoption, h. when strong public interest is involved regularly nominates and supports certain of its leaders and members I. when the subject of controversy is private land as candidate in public office (Bayan Muna v. Comelec, GR No. 147613, June 28, 2001). a. in quo warranto proceedings b. When the administrative remedy is permissive, concurrent Purpose of Registration: c. utter disregard of due process To acquire juridical personality and to entitle it to rights and d. long-continued and unreasonable delay privileges granted to political parties, it must be registered with e. amount involved is relatively small COMELEC f. when no administrative review is provided g. respondent is a department secretary (DOCTRINE OF Groups Disqualified for Registration: QUALIFIED POLITICAL AGENCY ALTER EGO 1. religious denominations or sects; DOCTRINE) 2. those who seek to achieve their goals through violence or unlawful means; Substantial evidence defined to mean not necessarily preponderant proof 3. those who refuse to uphold and adhere to the as required in ordinary civil cases but such kind of relevant evidence which Constitution; and a reasonable mind might accept as adequate to support a conclusion. 4. those supported by foreign governments. Grounds for Cancellation of Registration: 1. accepting financial contributions from foreign governments or I. Election means by which the people choose their officials for a definite their agencies; and and fixed period and to whom they entrust for the time being the exercise 2. failure to obtain at least 10% of the votes casts in the of the powers of government. constituency where the party fielded candidates. Kinds: Regular election one provided by law for election of officers either nationwide or in certain subdivisions thereof, after Guidelines for screening party-list participants expiration of the full term of the former members; and 1. The political party, sector, organization or coalition 2. Special election one held to fill any vacancy in an office before must represent the marginalized and the underrepresented the expiration of the full term for which the incumbent was groups identified in Sec. 5 of RA 7941. Majority of its elected. membership should belong to the marginalized and underrepresented; Failure of Elections there are only 3 instances where a failure of elections may be declared, namely: 2. While even major political parties are expressly allowed by RA 7941 and the Constitution, they must comply with a. The election in any polling place has not been held on the declared statutory policy of Filipino citizens belonging to the date fixed on account of force majeure, violence, marginalized and underrepresented sectors to be elected to the terrorism, fraud, or other analogous causes; House of Representatives. Thus, they must show that they b. The election in any polling place had been suspended represent the interest of the marginalized and underrepresented; before the hour fixed by law for the closing of the voting on 3. Religious sector may not be represented in the partyaccount of force majeure, violence, terrorism, fraud, or list system; except that priests, imam or pastors may be elected other analogous causes; and should they represent not their religious sect but the indigenous c. After the voting and during the preparation and community sector; transmission of the election returns or in the custody or 4. A party or an organization must not be disqualified canvass thereof such election results in a failure to elect on under Sec. 6, RA 7941 as follows: account of force majeure, violence, terrorism, fraud or other analogous causes (Joseph Peter Sison v. COMELEC, G.R. a. it is a religious sect or denomination, organization or No. 134096, March 3, 1999). association organized for religious purposes; ELECTION LAW

Persons Disqualified from Voting: 1. person convicted by final judgment to suffer imprisonment for not less than 1 year, unless pardoned or granted amnesty; but right reacquired upon expiration of 5 years after service of sentence; 2. person adjudged by final judgment as having committed any crime involving disloyalty to government or any crime against national security; but right is reacquired upon expiration of 5 years after service of sentence; and legal, involves 3. insane or incompetent persons as declared by competent authority (Sec. 118, OEC).

1.

7. 8.

Prohibited Campaign 1. Public exhibition of movie, cinematograph or documentary portraying the life or biography of a candidate during the campaign period; III. DISQUALIFICATION OF CANDIDATES: 2. Public exhibition of a movie, cinematograph or 1. declared as incompetent or insane by competent authority; documentary portrayed by an actor or media personality who is 2. convicted by final judgment for subversion, insurrection, rebellion himself a candidate; or any offense for which he has been sentenced to a penalty of 3. Use of airtime for campaign of a media practitioner 18 months imprisonment; who is an official of a party or a member of the campaign staff of 3. convicted by final judgment for a crime involving moral turpitude; a candidate or political party. 4. any person who is a permanent resident of or immigrant to a foreign country; and Limitation on Expenses: 5. one who has violated provisions on: 1. for candidates: a. campaign period; President and Vice President = P10/voter; b. removal, destruction of lawful election propaganda; a. Other candidates, if with party = P3/voter; c. prohibited forms of propaganda; b. Other candidates, if without party = P5/voter d. regulation of propaganda through mass media; and e. election offenses. 2. for political parties = P5/voter Election Survey The SC held that Sec. 5.4 of the Fair Election Act prohibiting publication of survey results 15 days immediately preceding a national election and 7 days before a local election violates the constitutional rights of speech, expression, and the press because: it imposes a prior restraint on the freedom of expression; it is a direct and total suppression of a category of expression Nuisance Candidate even though such suppression is only for a limited period; and COMELEC may motu propio or upon petition of an interested party, refuse the governmental interest sought to be promoted can be to give due course to or cancel a certificate of candidacy if shown that said achieved by means other than the suppression of freedom of certificate was filed: expression (Social Weather Station v. Comelec, G.R. No. 1. to put the election process in mockery or disrepute; 147571 May 5, 2001). 2. to cause confusion among voters by similarity of names of registered candidates; 3. by other circumstances or acts which demonstrate that a Section 14 of the Fair Election Act has expressly repealed section 67 of BP candidate has no bona fide intention to run for the office for 881. The repeal means that any elective official, whether national or local,

it advocates violence or unlawful means to seek its goals; c. it is a foreign party or organization; d. it is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes; e. it violates or fails to comply with laws, rules or regulation relating to elections; f. it declares untruthful statements in its petition; g. it has ceased to exist for at least one (1) year; or h. it fails to participate in the last two (2) preceding elections or fails to obtain at least two per centum (2%) of the votes cast under the party-list system in two (2) preceding elections for the constituency in which it has registered; 5. The party or organization must not be an adjunct of, or a project organized or an entity funded or assisted by, the government; 6. The party, including its nominees must comply with the qualification requirements of section 9, RA 7941 as follows: No person shall be nominated as party-list representative unless he is: (a) natural-born citizen of the Philippines; (b) a registered voter; (c) a resident of the Philippines for a period of not less than one year immediately preceding the day of the election; (d) able to read and write; (e) a bona fide member of the party or organization which he seeks to represent for at least 90 days preceding the day of the election; and (f) at least 25 years of age on the day of the election. In case of a nominee of the youth sector, he must at least be twenty five (25) but not more than thirty (30) years of age on the day of the election. Any youth sectoral representative who attains the age of thirty (30) during his term shall be allowed to continue in office until the expiration of his term; Not only the candidate party or organization must represent the marginalized and underrepresented sectors, so also must its nominees; While lacking a well-defined political constituency, the nominee must likewise be able to contribute to the formation and enactment of appropriate legislation that will benefit the nation as a whole (Ang Bagong Bayani-OFW Labor Party, v. COMELEC, GR No. 147589, June 26, 2001).

b.

which his certificate of candidacy has been filed, and thus prevent a faithful determination of the true will of the electorate. Requisites for the grant of a petition to deny due course to or cancel a certificate of candidacy: 1. material misrepresentation in the qualifications for elective office, which includes age, residency, citizenship, and any other legal qualifications necessary to run for an elective office; and

2.

deliberate attempt to mislead, misinform or hide a fact which would otherwise render a candidate ineligible.

These two requirements must concur to warrant the cancellation of the certificate of candidacy. IV. FAIR ELECTION ACT OF 2001 (RA 9006) Lawful election Propaganda (sec. 3): 1. Written/Printed Materials (does not exceed 8 in. width by 14 in. length) 2. Handwritten/printed letters 3. Posters (not exceeding 2 x 3 ft.) 3 by 8 ft. allowed in announcing a public meeting or rally, at the site and on the occasion of a public meeting or rally, may be displayed 5 days before the date of rally but shall be removed within 24 hours after said rally. 4. Print Ads page in broadsheets and page in tabloids thrice a week per newspaper, magazine or other publication during the campaign period Broadcast Media (i.e. TV and Radio) NATIONAL POSITIONS 1. 120 for TV 2. 180 for Radio minutes minutes 1. TV LOCAL POSITIONS 60 minutes for

5.

2. 90 minutes for Radio

When a candidate has not yet been disqualified by final judgment during the election day and was voted for, the votes cast in his favor cannot be declared stray. To do so would amount to disenfranchising the electorate in whom sovereignty resides (Codilla vs. Hon. Jose De Venecia, G.R. No. 150605, December 10, 2002).

running for any office other than the one which he is holding is no longer deemed resigned when he files a certificate of candidacy for any position. PRE-PROCLAMATION CONTROVERSY For purposes of the elections for President, Vice-President, Senator and Member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of the election returns or the certificates of canvass, as the case may be. However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it. Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the Commission in accordance with Section 19 of RA 7166. Any objection on the election returns before the city or municipal board of canvassers, or on the municipal certificates of canvass before the provincial board of canvassers or district boards of canvassers in Metro Manila Area, shall be specifically noticed in the minutes of their respective proceedings (Section 15, RA 7166). Issues which may be raised in a Pre-Proclamation Controversy: 1. Illegal composition or proceedings of the Board of Canvassers; 2. Canvassed election returns are incomplete, contain material defects, appear to be tampered with or falsified; or contain discrepancies in the same returns or in other authentic copies thereof as mentioned in Sec. 233, 234, 235 and 236 of BP 881; 3. Election returns were prepared under duress, threat, coercion, or intimidation, or they are obviously manufactured or not authentic; and 4. When substitute or fraudulent returns in controverted polling places were canvassed, the results of which materially affected the standing of the aggrieved candidate/s. ELECTION CONTESTS Nature: Special summary proceeding the object of which is to expedite the settlement of controversies between candidates as to who received the majority of legal votes. Purpose: to ascertain the true will of the people and duly elected officer, and this could be achieved by throwing wide open the appeal before the court. Contest: any matter involving title or claim of title to an elective office, made before or after the proclamation of the winner, whether or not contestant is claiming office in dispute. Original Exclusive Jurisdiction Over Election Contests 1. President and Vice-President - Supreme Court en banc 2. Senator - Senate Electoral Tribunal 3. Representative - HR Electoral Tribunal 4. Regional/Provincial/City - COMELEC 5. Municipal - RTC 6. Barangay - MTC Appellate Jurisdiction: 1. For decisions of RTC and MTC appeal to COMELEC whose decision shall be final and executory; 2. For decisions of COMELEC petition for review on Certiorari with SC within 30 days from receipt of decision on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process; 3. For decisions of Electoral Tribunal petition for review on Certiorari with SC on the ground of grave abuse of discretion amounting to lack or excess of jurisdiction or violation of due process. Actions Which May Be Filed: 1. Election Protest

May be filed by any candidate who has filed a certificate of candidacy and has been voted upon for the same office; Grounds: a. fraud; b. terrorism; c. irregularities; or d. illegal acts committed before, during, or after the casting and counting of votes Time to file: within 10 days from proclamation of results of election.

2.
Grounds:

Quo warranto

Filed by any registered voter in the constituency.

ineligibility; or disloyalty to Republic. Time to file: within 10 days from proclamation of results of election. QUO WARRANTO IN ELECTIVE OFFICE determination is eligibility of candidateelect QUO WARRANTO IN APPOINTIVE OFFICE determination is legality of appointment

a. b.

when person elected is declared ineligible, court cannot declare 2nd placer as elected, even if eligible

court may determine as to who among the parties has legal title to the office