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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- 7. decision must be rendered in such a
LEGISLATIVE JUDICIAL manner that parties to controversy
FUNCTIONS FUNCTIONS can know various issues involved and
reason for decision rendered.(Ang
1. consists of 1. refers to its end Tibay vs CIR, 69 Phil 635)
issuance of rules product called
and regulations order, reward Substantial Evidence relevant
or decision evidence as a reasonable mind might
accept as adequate to support a
2. general 2. applies to a conclusion.
applicability specific
situation Administrative Determinations Where
Notice and Hearing Not Necessary:
3. prospective; it 3. present
1. summary proceedings of distraint
envisages the determination
promulgation of of rights, and levy upon property of delinquent
a rule or privileges or taxpayer;
regulation duties as of 2. grant of provisional authority for
generally previous or increase of rates, or to engage in
applicable in the present time or particular line of business;
future occurrence 3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
se which affects safety of persons or
B. QUASI-JUDICIAL OR ADJUDICATORY property;
POWER 5. preventive suspension of officer or
Proceedings partake of nature of employee pending investigation; and
judicial proceedings. 6. grant or revocation of licenses for
Administrative body granted permits to operate certain
authority to promulgate its own businesses affecting public order or
rules of procedure. morals.

Two necessary conditions: Administrative Appeal or Review


1. due process; and 1. Where provided by law, appeal from
2. jurisdiction administrative determination may be
made to higher or superior
Includes the following powers: administrative officer or body.
1. Prescribe rules of procedure 2. By virtue of power of control of
2. Subpoena power President, President himself or
3. Contempt Power through Department Head may
affirm, modify, alter, or reverse
Administrative Due Process: administrative decision of
1. right to a hearing; subordinate.
2. tribunal must consider evidence 3. Appellate administrative agency may
presented; conduct additional hearing in
3. decision must have something to appealed case, if deemed necessary.
support itself;
4. evidence must be substantial; Res judicata effect of Administritve
5. decision must be based on evidence Decisions
adduced at hearing or at least - has the force and binding effect of a
contained in the record and final judgment (note: applies only to
disclosed to parties; judicial and quasi judicial proceedings
6. board of judges must act on its not to exercise of administrative
independent consideration of facts functions, Brillantes vs. Castro 99 Phil.
and law of the case, and not simply 497)
accept view of subordinate in
arriving at a decision; and C. DETERMINATIVE POWERS
1. enabling permit the doing of an act Effect of Failure to Exhaust
which the law undertakes to Administrative Remedies: as a general
regulate; rule, jurisdiction of the court is not
2. directing order the doing or affected but the complaint is vulnerable
performance of particular acts to to dismissal due to lack of cause of
ensure compliance with the law and action.
are often exercised for corrective Exceptions to the Doctrine:
purposes 1. doctrine of qualified political agency
3. dispensing to relax the general (when the respondent is a
operation of a law or to exempt from department secretary whose acts as
general prohibition, or relieve an an alter ego of the President bears
individual or a corporation from an the implied and assumed approval of
affirmative duty; the latter); except where law
4. examining - also called investigatory expressly provides exhaustion;
power; 2. administrative remedy is fruitless;
5. summary power to apply 3. where there is estoppel on part of
compulsion or force against persons administrative agency;
or property to effectuate a legal 4. issue involved is purely legal;
purpose without judicial warrants to 5. administrative action is patently
authorize such actions. illegal, amounting to lack or excess
of jurisdiction;
III. EXHAUSTION OF 6. where there is unreasonable delay or
ADMINISTRATIVE REMEDIES official inaction;
Whenever there is an available 7. where there is irreparable injury or
administrative remedy provided threat thereof, unless judicial
by law, no judicial recourse can recourse is immediately made;
be made until all such remedies 8. in land case, subject matter is
have been availed of and private land;
exhausted. 9. where law does not make exhaustion
1. Doctrine of Prior Resort or a condition precedent to judicial
(Doctrine of Primary Administrative recourse;
Jurisdiction) where there is 10. where observance of the doctrine
competence or jurisdiction vested will result in nullification of claim;
upon administrative body to act 11. where there are special reasons or
upon a matter, no resort to courts circumstances demanding immediate
may be made before such court action; and
administrative body shall have acted 12. when due process of law is clearly
upon the matter. violated.
1. Doctrine of Finality of
Administrative Action no resort to IV. JUDICIAL REVIEW OF
courts will be allowed unless ADMINISTRATIVE DECISIONS
administrative action has been When made:
completed and there is nothing left 1. to determine constitutionality or
to be done in administrative validity of any treaty, law,
structure. ordinance, executive order, or
2. Judicial Relief from Threatened regulation;
Administrative Action courts will 2. to determine jurisdiction of any
not render a decree in advance of administrative board, commission
administrative action and thereby or officer;
render such action nugatory. It is not 3. to determine any other questions
for the court to stop an of law; and
administrative officer from 4. to determine questions of facts
performing his statutory duty for when necessary to determine
fear he will perform it wrongly. either:
a. constitutional or jurisdictional
issue;
b. commission of abuse of 1. factual findings not supported by
authority; and evidence;
c. when administrative fact 2. findings are vitiated by fraud,
finding body is unduly imposition or collusion;
restricted by an error of law. 3. procedure which led to factual
findings is irregular;
Modes of review: 4. palpable errors are committed; and
1. Statutory; 5. grave abuse of discretion,
2. Non-statutory inherent power of arbitrariness or capriciousness is
the court to review such manifest.
proceedings upon questions of
jurisdiction and questions of law; Brandeis Doctrine of
3. Direct proceeding; Assimilation of Facts one
4. Collateral attack. purports to be finding of fact but
is so involved with and
General Rule: Findings of facts of dependent upon a question of
Administrative Agencies accorded great latter,courts will review the
weight by the Courts. entire case including the latter.
Exceptions to the Rule: law as to be in substance and
effect a decision on the .
San Beda College of Law
5
MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE two senses:


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

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
Note: Here, what is unconstitutional is actual or
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
office; 3. acts are valid as 3. acts are
3. color of title to office; to the public absolutely void
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
appointing or electing authority or a presumption of
irregularity in appointment or his right to act
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
title to the and performs the received by latter during time of
office duties under wrongful tenure even though latter
color of right is in good faith and under color of
without being title.(Monroy v. CA, 20 SCRA 620)
technically Exception: when there is no de jure
qualified in all public officer, de facto officer
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

entitled to salaries for period when requirements for appointment to


he actually discharged functions. a regular position in the
(Civil Liberties Union v. Exec. Sec., competitive service, whenever a
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
session
possessing requisite
Made only after Made before
qualification for the position and the nomination such
thus enjoys security of tenure; 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
term of the the next
be issued upon prior
appointee adjournment
authorization of the
Commissioner of Civil service in
Nepotism all appointments in the
accordance with the provisions
national, provincial, city and
of the Civil Service Law and the
municipal governments or in any
rule and standards to a person
branch or instrumentality thereof,
who has no t qualified in an
including GOCC, made in favor of a
appropriate examination but
relative of the (1) appointing or (2)
who otherwise meets the
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

recommending authority or of the 1. statutory liability under the Civil


(3) chief of the bureau or office or of Code (Arts. 27, 32 and 34);
the (4) persons exercising immediate 2. When there is a clear showing of bad
supervision over him. A relative is faith, malice or negligence
one within the 3rd degree either of (Administrative Code of 1987);
consanguinity or affinity 3. liability on contracts; and
4. liability on tort .
Vacancy when an office is empty
and without a legally qualified Threefold Liability Rule wrongful
incumbent appointed or elected to it acts or omissions of public officers
with a lawful right to exercise its may give rise to civil, criminal, and
powers and performs its duties. administrative liability. (CAC
liability rule)
Classifications of vacancy:
1. original when an office is Liability of Ministerial Officers:
created and no one has been 1. Nonfeasance neglect or refusal to
appointed to fill it; perform an act which is officers
2. constructive when the legal obligation to perform;
incumbent has no legal right 2. Misfeasance failure to use that
or claim to continue in office degree of care, skill and diligence
and can be legally replaced required in the performance of
by another functionary; official duty; and
3. accidental when the 3. Malfeasance doing, through
incumbent having died, ignorance, inattention or malice, of
resigned, or been removed; an act which he had no legal right to
4. absolute when the term of perform.
an incumbent having expired
and the latter not having Doctrine of Command Responsibility
held over, no successor is in A superior officer is liable for acts of
being who is legally qualified a subordinate when: (ERCAL)
to assume the office. 1. he negligently or willfully employs or
retains unfit or incompetent
V. POWERS AND DUTIES OF A subordinates;
PUBLIC OFFICER: 2. he negligently or willfully fails to
1. Ministerial discharge is imperative require subordinate to conform to
and requires neither judgment nor prescribed regulations;
discretion, mandamus will lie; and 3. he negligently or carelessly oversees
2. Discretionary imposed by law business of office as to furnish
wherein officer has right to decide subordinate an opportunity for
how and when duty shall be default;
performed, mandamus will not lie. 4. he directed or authorized or
cooperated in the wrong; or
II. LIABILITY OF PUBLIC OFFICER 5. law expressly makes him liable.

General Rule: not liable for injuries Under the Revised Admin. Code of
sustained by another as a consequence 1987, A Superior Officer shall be
of official acts done within the scope of liable for acts of subordinate officers
his authority, except as otherwise only if he has actually authorized be
provided by law. written order the specific act or
A Public Officer shall not be civilly misconduct complained.
liable for acts done in the Subordinate officers are also liable
performance of his duties for willful or negligent acts even if
he acted under orders if such acts
are contrary to law, morals, public
Exceptions: 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;
ii. evidence of culpability is
Tenure period during which
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)

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

Forms of Compensation: promotions must be submitted


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
3. Right to Preference in Promotion expenses incurred in performance of
Promotion movement from one duty;
position to another with increase
in duties and responsibilities as 9. Right to be indemnified against any
authorized by law and usually liability which they may incur in
accompanied by an increase in bona fide discharge of duties; and
pay.
10. Right to longevity pay.
Next-in-Rank Rule the person
next in rank shall be given 11. Right to Self-Organization
preference in promotion when the Art III, Sec 8 1987Consti. Note: Civil
position immediately above his is servants are now given the right to self
vacated. But the appointing organize but they may not stage strikes
authority still exercises his (see: SSS Employees Assoc. vs. CA, 175
discretion and is not bound by SCRA 686)
this rule.
Appointing officer is only
required to give special VIII. MODES OF TERMINATION
reasons for not appointing OFFICIAL RELATIONSHIP:
officer next in rank if he fills (TR3A3P DIFC2IT)
vacancy by promotion in 1. expiration of term or tenure;
disregard of the next in rank 2. reaching the age limit;
rule. (Pineda vs. Claudio, 28 3. resignation;
SCRA 34) 4. recall;
5. removal;
Automatic Reversion Rule all 6. abandonment;
appointments involved in chain of 7. acceptance of incompatible 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
12
MEMORY AID IN POLITICAL LAW

8. abolition of office; f. Municipal Mayors and Vice


9. prescription of right to office (within Mayors/City Mayors and Vice
one year after the cause of ouster or Mayors of component cities -
the right to hold such office or Provincial Governor;
position arose); g. Sanggunian Members
10. impeachment; Sanggunian concerned; and
11. death; h. Elective Barangay Officials
12. failure to assume elective office Municipal or City Mayors
within 6 months from proclamation;
13. conviction of a crime; and Recall - termination of official
14. filing of certificate of candidacy. relationship for loss of confidence
prior to expiration of his term
When public officer holds office at through the will of the people.
pleasure of appointing power, his
replacement amounts to expiration Limitations on Recall:
of his term, not removal.(Alajar vs 1. any elective official may be subject
Alba, 100 Phil 683) of a recall election only once during
his term of office for loss of
Principle of Hold-Over if no express or confidence; and
implied Constitutional or statutory 2. no recall shall take place within one
provision to the contrary, public officer year from date of the officials
is entitled to hold office until successor assumption to office or one year
has been chosen and shall have immediately preceding a regular
qualified. local election.
Purpose: to prevent hiatus in public
office. (But subject to Art. 237 of Procedure for Recall (Secs. 70-72, R.A.
RPC) 7160)
1. Initiation of the Recall Process:
Retirement: a. by a Preparatory Recall
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 HUCs
the PRA members concerned
and independent component
cities - President.

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

b. by the Registered Voters (RV) in


the province, city, municipality 3. Election on Recall COMELEC shall
or barangay (LGU) concerned - set the date of the election on
at least 25% of the total number recall:
of RV in the LGU concerned a. for barangay, city or municipal
during the election in which the officials not later than 30 days
local official sought to be after the filing of the resolution
recalled was elected; or petition;
i. written petition filed with b. for provincial officials - not later
the COMELEC in the presence than 45 days after the filing of
of the representative of the the resolution or petition;
petitioner and a 4. Effectivity of Recall only upon the
representative of the official election and proclamation of a
sought to be recalled, and in successor in the person of the
a public place of the LGU; candidate receiving the highest
ii. COMELEC shall cause the number of votes cast during the
publication of the petition in election on recall.
a public and conspicuous Should the official sought to be
place for a period of not less recalled receive the highest
than 10 days nor more than number of votes, confidence in
20 days him is thereby affirmed, and he
iii. upon lapse of the said shall continue in office.
period, COMELEC shall
announce the acceptance of
candidates and shall prepare
the list of candidates which
shall include the name of the
official sought to be recalled

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 Peter Sison v. COMELEC,


- right to vote in election of G.R. No. 134096, March 3,
officers chosen by people and in 1999)
the determination of questions
submitted to people. It includes: What is common in these
1.election; three instances is the
2.plebiscite; resulting failure to elect. In
3.initiative; and the first instance, no
4.referendum. election is held while in the
second, the election is
Election means by which people suspended. In the third
choose their officials for a definite instance, circumstances
and fixed period and to whom they attending the preparation,
entrust for time being the exercise transmission, custody or
of powers of government. canvass of the election
Kinds: returns cause a failure to
1. Regular election one provided elect. The term failure to
by law for election of officers elect means nobody emerged
either nationwide or in certain as a winner. (Pasandalan vs.
subdivisions thereof, after Comelec, G.R. No. 150312,
expiration of full term of former July 18, 2002)
members; and The causes for the
2. Special election one held to fill declaration of a failure of
vacancy in office before election may occur before or
expiration of full term for which after the casting of votes or
incumbent was elected. on the day of the election.
(Sec. 4, R.A. 7166)
Failure of Elections there are The COMELEC shall call for
only 3 instances where a failure of the holding or continuation
elections may be declared, namely: of the election on a date
a. The election in any polling reasonably close to the date
place has not been held on of the election not held,
the date fixed on account of suspended, or which resulted
force majeure, violence, in a failure to elect but not
terrorism, fraud, or other later than 30 days after the
analogous causes; cessation of the cause of
b. The election in any polling such suspension or failure to
place had been suspended elect. (Sec. 6, B.P. 881)
before the hour fixed by law In such election, the location
for the closing of the voting of polling places shall be the
on account of force same as that of the
majeure, violence, preceding regular election.
terrorism, fraud, or other However, changes may be
analogous causes; and initiated by written petition
c. After the voting and during of the majority of the voters
the preparation and of the precinct or agreement
transmission of the election of all the political parties or
returns or in the custody or by resolution of the Comelec
canvass thereof such after notice and hearing.
election results in a failure (Cawasa vs. Comelec, G.R.
to elect on account of force No. 150469, July 3, 2002)
majeure, violence,
terrorism, fraud or other Postponement of Elections - An
analogous causes. (Joseph election may be postponed by the
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

COMELEC either motu proprio or upon the most immediate means of securing
a verified petition by any interested their adoption, regularly nominates and
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
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

shall be valid except for those third parties for partisan


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

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

must likewise be able to contribute 3. by other circumstances or acts which


to the formation and enactment of demonstrate that a candidate has no
appropriate legislation that will bona fide intention to run for office
benefit the nation as a whole. (Ang for which certificate has been filed,
Bagong Bayani-OFW Labor Party, v. and thus prevent a faithful
COMELEC, GR No. 147589, June 26, determination of true will of
2001). electorate.

III. DISQUALIFICATION OF IV. FAIR ELECTIONS ACT OF 2001 (RA


CANDIDATES: 9006)
1. declared as incompetent or insane
by competent authority; Lawful election Propaganda (sec. 3):
2. convicted by final judgment for
subversion, insurrection, rebellion or 1. Written/Printed Materials (does not
any offense for which he has been exceed 8 in. width by 14 in.
sentenced to a penalty of 18 months length)
imprisonment; 2. Handwritten/printed letters
3. convicted by final judgment for 3. Posters (not exceeding 2 x 3 ft.)
crime involving moral turpitude; 3 by 8 ft. allowed in
4. any person who is permanent announcing, at the site and
resident of or immigrant to a foreign on the occasion of a public
country; and meeting or rally, may be
5. one who has violated provisions on: displayed 5 days before the
a. campaign period; date of rally but shall be
b. removal, destruction of lawful removed within 24 hours
election propaganda; after said rally.
c. prohibited forms of propaganda; 4. Print Ads
d. regulation of propaganda
through mass media; and
page in broadsheets and
page in tabloids thrice a
e. election offenses.
week per newspaper,
magazine or other
- When a candidate has not yet been
publication during the
disqualified by final judgment during
campaign period
the election day and was voted for,
5. Broadcast Media (i.e. TV and
the votes cast in his favor cannot be
Radio)
declared stray. To do so would
amount to disenfranchising the
electorate in whom sovereignty NATIONAL LOCAL
resides. (Codilla vs. Hon. Jose De POSITIONS POSITIONS
Venecia, G.R. No. 150605, December
1. 120 minutes 1. 60 minutes
10, 2002) for TV for TV

Nuisance Candidate 2. 180 minutes 2. 90 minutes


COMELEC may motu propio for Radio for Radio
or upon petition of
interested party, refuse to Prohibited Campaign
give due course to or cancel 1. Public exhibition of movie,
certificate of candidacy if cinematograph or documentary
shown that said certificate portraying the life or biography of a
was filed: candidate during campaign period;
1. to put election process in mockery or 2. Public exhibition of a movie,
disrepute; cinematograph or documentary
2. to cause confusion among voters by portrayed by an actor or media
similarity of names of registered personality who is himself a
candidates; candidate;

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

3. Use of airtime for campaign of a substituted candidates shall be


media practitioner who is an official considered as stray votes but shall not
of a party or a member of the invalidate the whole ballot. For this
campaign staff of a candidate or purpose, the official ballots shall provide
political party; for spaces where the voters may write
the name of the substitute candidates if
Limitation on Expenses: they are voting for the latter: Provided,
1. for candidates: however, That if the substitute
President and Vice President candidate is of the same family name,
= P10/voter; this provision shall not apply.(Sec.12)
Other candidates, if with V. PRE-PROCLAMATION
party = P3/voter;
CONTROVERSY
Other candidates, if without Any question pertaining to or
party = P5/voter. affecting proceedings of Board of
2. for political parties = P5/voter Canvassers which may be raised
by any candidate or by a
Statement of Contribution and registered political party or
Expenses coalition of political parties
every candidate and treasurer of before the board or directly with
political party shall, within 30 days COMELEC or any matter raised
after day of election, file offices of under Sections 233, 234, 235,
COMELEC the full, true and itemized and 236, in relation to
statement of all contribution and preparation, transmission,
expenditures in connection with receipt, custody and
election. appreciation of election returns.

Election Survey Issues which may be raised in a Pre-


The SC held that Sec. 5.4 of the Fair Proclamation Controversy:
Election Act prohibiting publication 1. Illegal composition or proceedings of
of survey results 15 days the board of Canvassers;
immediately preceding a national 2. Canvassed election returns are
election and 7 days before a local incomplete, contain material
election violates the constitutional defects, appears to be tampered
rights of speech, expression, and the with or falsified; or contain
press because: discrepancies in the same returns or
it imposes a prior restraint on in other authentic copies thereof as
the freedom of expression; mentioned in Sec. 233,234,235 and
It is a direct and total 236 of BP 881;
suppression of a category of 3. Election returns were prepared
expression even though such under duress, threat, coercion, or
suppression is only for a limited intimidation, or they are obviously
period; and manufactured or not authentic; 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

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

settlement of controversies between receipt of decision on ground of


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

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

(1) Any person who gives, offers employment, public or private,


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

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 1. Territorial and subdivisions of State


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

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

Elements of Public Corporation: 1. Province cluster of municipalities,


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

III. DE FACTO MUNICIPAL 6. Special metropolitan political


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

IV. TERRITORIAL AND POLITICAL


SUBDIVISIONS ENJOYING Plebiscite Requirement
LOCAL AUTONOMY: approved by a majority of
the votes cast in a plebiscite

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

called for the purpose in the


political unit/s directly Classification of Powers of Local
affected (Sec. 10, R.A. 7160) Government Units
Based on verifiable 1. Express, implied and inherent;
indicators of viability and 2. Public or governmental, private or
projected capacity to proprietary;
provide services (Sec. 7, R.A. 3. Intramural and extramural; and
7160) [Note: see Annex C] 4. Mandatory and directory; ministerial
and discretionary.
Beginning of Corporate Existence
upon election and qualification Governmental Powers of LGU:
of its chief executive and 1. General Welfare (Sec. 16, R.A.
majority of members of its 7160) statutory grant of police
Sanggunian, unless some other power to LGUs. It is limited to:
time is fixed therefore by law or a. territoriality;
ordinance creating it. b. equal protection clause;
Mode of Inquiry to Legal c. due process clause; and
Existence of LGU: Quo warranto d. must not be contrary to law.
which is reserved to State or 2. Delivery of basic services and
other direct proceedings facilities (Sec. 17, of R.A. 7160);
3. Power to generate and apply
Abolition of LGU: resources (Sec. 18, of R.A. 7160);
When income, population, or land 4. Eminent Domain (Sec. 19, of R.A.
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 LGUs
d. only after valid and definite
shall comply with same offer had been made to, and not
requirements, provided: accepted by owner.
1. shall not reduce income, population (Municipality of Paraaque v.
or land area of LGU concerned to V.M. Realty Corp., 292 SCRA
less than the minimum requirements 678)
prescribed; 5. Reclassification of Lands (Sec. 20
2. income classification of original LGU of RA 7160)
shall not fall below its current Limited by following percentage of
income classification prior to total agricultural land area:
division; a. for HUC and independent
3. Plebiscite be held in LGUs affected. component cities: 15%;
4. Assets and liabilities of creation shall b. for component cities and 1st to
be equitably distributed between 3rd class municipalities: 10% ;
the LGUs affected and new LGU. and
When municipal district of other c. for 4th to 6th class municipalities:
territorial divisions is converted or 5%.
fused into a municipality all property 6. Closure and opening of roads (Sec.
rights vested in original territorial 21 of RA 7160)
organization shall become vested in
government of municipality. In case of permanent closure:
a. adequate provision for public
V. POWERS OF LGUs safety must be made; 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
24
MEMORY AID IN POLITICAL LAW

b. may be properly used or 1. to have continuous succession in its


conveyed for any purpose for corporate name;
which other real property may 2. to sue and be sued;
be lawfully used or conveyed; 3. to have and use a corporate seal;
provided no freedom park be 4. to acquire and convey real or
permanently closed without personal property;
provisions or transfer to new 5. power to enter into contracts;
site. Requisites of valid municipal
7. Local legislative power (Secs. 48- contracts:
59 of RA 7160) a. LGU has express, implied, or
Approval of ordinances: inherent power to enter into a
a. local chief executive with his particular contract;
signature on each and every b. Entered into by proper
page; department, board,
b. if local chief executive vetoes committee, or agent;
the same, may be overridden by c. Must comply with substantive
2/3 vote of all sanggunian requirements;
members; d. Must comply with formal
(i) grounds for veto: requirements; and
ordinance is ultra vires e. In case entered into by local
or prejudicial to public chief executive on behalf of
welfare; LGU, prior authorization by
(ii) local chief executive Sanggunian concerned is
may veto particular needed
item/s of appropriation 6. to exercise such other powers as
ordinance, adoption of granted to corporation, subject to
local development plan limitations provided in Local
and public investment Government Code of 1991 and other
plan, or ordinance laws.
directing payment of
money or creating VI. MUNICIPAL LIABILITY:
liability; and
(iii) local chief executive Rule: Local government units and their
may veto an ordinance officials are not exempt from liability for
only once; death or injury to persons or damage to
c. veto communicated to property (Sec. 24, R.A. 7160)
sanggunian within 15 days for 1. Statutory provisions on liability:
province and 10 days for city or a. Art. 2189, Civil Code defective
municipality. condition of roads, streets,
bridges, public buildings, and
Requisites for validity: other public works;
a. must not contravene the b. Art. 2180(6th par.), Civil Code
Constitution and any statute; acts through a special agent;
b. must not be unfair or oppressive; d. Art. 34, Civil Code failure or
c. must not be partial or refusal of a member of the
discriminatory; police force to render aid and
d. must not prohibit, but may protection in case of danger to
regulate trade; life and property
e. must not be unreasonable; and 2. for Tort depends if engaged in:
f. must be general in application a. governmental functions not
and consistent with public policy. liable;
b. proprietary functions liable
Barangay Chairman has no
veto power. 3. for Violation of Law
Corporate Powers of LGU: 4. for Contracts if contract is:
a. intra vires liable;

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

b. ultra vires not liable 2. those removed from office due to


Doctrine of Implied Municipal administrative cases;
Liability a municipality may 3. those convicted by final judgment
become obligated upon an for violating oath of allegiance to
implied contract to pay the the Republic;
reasonable value of the benefits 4. those with dual citizenship;
accepted or appropriated by it 5. fugitives from justice in criminal or
as to which it has the general non-political cases here or abroad;
power to contract (Province of 6. permanent resident in foreign
Cebu v. IAC, 147 SCRA 447); the country; and
doctrine applies to all cases 7. insane or feeble-minded.(Sec.40,
where money or other property RA.7160)
of a party is received under such
circumstances that the general VIII. MANNER OF ELECTION
law, independent of an express 1. Elected at large
contract, implies an obligation a. Governor; Vice Governor;
to do justice with respect to the b. City or municipal mayor; City or
same (Nachura, Reviewer in municipal vice-mayor;
Political Law, p. 431) c. Punong barangay,
d. SK chairman, elected by voters
VII. QUALIFICATION OF ELECTIVE of Katipunan ng Kabataan
LOCAL OFFICIALS:
1. citizen of the Philippines; 2. Elected by District
2. registered voter of barangay, a. regular members of Sanggunian
municipality, city, province, or b. ex-officio members of
district where he intends to be Sanggunian
elected; (i.) panlalawigan
3. resident therein for at least 1 year president of leagues of
preceding election; sanggunian members of
4. able to read and write Filipino or component cities and
local language or dialect; and municipalities; and
5. age: president of liga ng mga
a. 23 years of age Governor, Vice barangay and pederasyon
Governor, Board Member, ng mga sanggunian
Mayor, Vice Mayor or Member of kabataan
City Council for HUCs. (ii.) panlunsod
b. 21 years of age Mayor or Vice president of liga ng mga
Mayor of ICCs, component cities barangay and the
or municipalities; pederasyon ng mga SB
c. 18 years of age members of (iii.) bayan
ICC or component city or president of liga ng mga
municipal council or punong barangay and the
barangay or member of pederasyon ng mga
barangay council; sanggunian kabataan
d. at least 15 but not 21 years of
age candidate for sanggunian 3. Sectoral representatives women,
kabataan. worker, urban poor, and other
(Sec. 39, RA 7160) sectors allowed by law.

Disqualification of Elective Local Date of Election: Every 3 years on


Official: 2nd Monday of May, unless otherwise
1. sentenced by final judgment for provided by law.
offense involving moral turpitude or
punishable by 1 year or more of Term of Office: 3 years starting
imprisonment within 2 after service from noon of June 30 next following
of sentence; the election or such date as may be
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

provided by law, except that of 5. abuse of authority;


elective barangay officials, for 6. unauthorized absence for 15
maximum of 3 consecutive terms in consecutive working days except
same position. sanggunian members;
Consecutive: After three 7. application for, acquisition of ,
consecutive terms, an elective foreign citizenship or residence or
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;

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