PART 1 - ADMIN LAW [ ASP Quilala ]

• Philippine Administrative Law

• part of the law (consti) which governs the
• organization
• functions, and
• procedures
• of administrative agencies of the government to which quasi-legislative powers
are “delegated”
• and quasi-judicial powers are “granted”
• and the extent and manner to which such agencies are subject to control the
courts.
• Scope
• fixes administrative organization and structure of government
• entrusted to administrative authorities
• governs public officers
• creates, defines powers of admin agencies
• provides remedies
• judicial review
• rules, regulations, orders and decisions
• Admin. Relationships
• Sources
• consti
• law
• etc.
• Definitions
• Powers of Admin Agencies
• quasi-legislative [ power of subordinate legislation ] : delegated, adopt rules and
regulations.
• quasi-judicial [ power of adjudication/investigation ] : determination of facts;
apply the law as they construe it to the facts found; interpret and apply the law
to the facts.
• determinative (fact-finding, investigative, licensing and rate-fixing powers)
• Tests of Valid Delegation
• Sufficient Standard Test
• adequate guideline
• limitations : to map out the boundaries
• Completeness Test
• Statute must be complete in itself
• Sources of Quasi-Judicial Power
• INCIDENTAL to the Power of Regulation
• Often EXPRESSLY conferred by the legislative
• Requisites of QJP
• Jurisdiction acquired by admin body
 • Due Process must be observed
• Rules of Procedure
• admin agencies can promulgate their own rules and procedures supplemented
by the ROC
• REASONABLE method of procedure
• you cannot supplant the ROC
• liberally construed to obtain just and speedy determination of respective claims
and defenses
• SUBPOENA POWER
• generally, not inherent in admin agencies
• can only so ONLY when duly allowed by law
• and ALWAYS in connection with the matter they are AUTHORIZED to investigate.
• Power to Investigate
• examine, explore, inquire, probe
• Power to adjudicate
• CONTEMPT POWER
• essentially judicial
• expressly conferred
• used only in connection with QJP
• disciplinary order of admin agency must seek assistance of the courts of justices
for the enforcement of its order
• NOTICE AND HEARINGS
• essential to due process
• non-observance will invalidate admin proceedings
• exception to notice and hearing requirement:
• extreme urgency of immediate action
• tentativeness of admin action
• waiver of right to due process
• ADMINISTRATIVE DUE PROCESS
• RIGHT TO A HEARING
• TRIBUNAL MUST CONSIDER THE EVIDENCE [something to support its decision]
• DECISION MUST HAVE SOMETHING TO SUPPORT IT.
• EVIDENCE MUST BE SUBSTANTIAL
• EVIDENCE MUST BE CONTAINED IN THE RECORD AND DISCLOSED
• RES JUDICATA?
• GR: Admin decisions are not res judicata
• New Rule: admin decision, upon finality, have the force and binding effect of a
final judgment within the purview of Res Judicata.
• DETERMINATIVE POWERS
• ENABLING POWERS
• permit the doing of an act which the law undertakes to regulate and
which would be unlawful without government approval.
• DIRECTING POWERS
• ensure compliance with the law
 • i.e. power of assessment of BIR
• DISPENSING POWER
• relax operation or exempt performance
• EXAMINING POWER
• inspect and investigate
• SUMMARY POWER
• force upon things or persons without the necessity of previous judicial
warrant
• EXERCISE OF POWER
• Discretionary [ interpret or construct ]
• Ministerial [ mechanical act , requires no judgment or discretion ]
• PUBLICATION
• must be published except if interpretative regulations and those merely internal
in nature
• EXHAUSTION OF ADMINISTRATIVE REMEDIES
• No judicial recourse can be made until all such remedies have been availed of
and exhausted
• Exceptions: [ direct recourse to the court ]
• when question raised is purely legal
• estoppel
• act of admin agency is patently illegal
• urgent need for judicial intervention
• claim involved is small
• irreparable damage
• no other plain, speedy and adequate remedy
• strong public interest involved
• controversy covers private land
• quo warranto proceedings
• denial of due process
• decision is that of Dept. Sec.
• resort to admin remedies would be futile
• unreasonable delay
• physical possession of public land
• party is poor
• Requisites of Judicial Review for admin action
• admin action has been fully completed
• final agency action
• all admin remedies have been exhausted
• Note: Doctrine of Exhaustion of Remedies has no application in the exercise of admin
agencies rule-making power [ Holy Spirit Homeowners Assoc. v Defensor ]
• Note: Benevolent Neutrality means that with respect to governmental actions,
accomodation of religion may be permitted to allow individuals and groups to exercise
religion without hindrance.
PART 2- Local Government Code (ASP Quilala)

• Local Autonomy
• for territorial and political subdivisions
• accountability [recall, initiative, and referendum]
• consultation with national offices before implementation of any program
• Decentralization
• does not make the LGU’s sovereign within the state or an “imperium in imperio”
• Quasi-Corporation
• Municipal Corporation
• body politic for purpose of local government
• Elements:
• Legal Creation - law creating such LGU
• Corporate Name
• Inhabitants
• Territory
• Rules of Interpretation
• Liberal Interpretation (powers)
• Strict when it comes to tax ordinances
• Liberal for general welfare provisions
• In the absence of law or jurisprudence, Customs
• General Powers and Attributes
• A local government unit may be:
• created
• divided
• merged
• abolished
• boundaries substantially altered by
• LAW
• CITY OR PROVINCIAL ORDINANCE [Barangay]
• Creation or Conversion of LGU
• Sufficient Income
i.e 100 million per year for 2 consecutive years before applying for CITYHOOD
• Population; or
• Land Area
• Division and Merger
• same requirements for creation
• shall not be reduced to less than the minimum requirements
• Abolition [ Sec. 9, LGC ]
• if elements for creation is reduced to less than the minimum
requirements

NOTE: PLEBISCITE is needed for approval of CDMA of political units Affected

• a plebiscite is necessary for the creation of a new municipality
 • [Bagabuyo v Comelec] - The Constitution does not require a plebiscite for the creation of
a new legislative district by a legislative reapportionment. It is required ONLY for the
creation of new LGUs
• component to highly urbanized - separated from the province

• League of Cities Cases

• Corporate Existence
• commence upon
• election AND qualification of
• its chief executive and a majority of the members of the sanggunian
• Powers of LGU
• expressly granted
• implied powers
• necessary, appropriate and incidental powers
• for promotion of general welfare
• Road Closure
• 2/3 vote of all members of sanggunian
• Eminent Domain [LGU]
• offer made must be rejected
• immediately take possession upon filing of expropriation proceedings and
DEPOSIT in court 15% of FMV

CORPORATE POWERS
• continuous succession in its name
• to sue and be sued
• to have and use a seal
• to acquire and convey property
• to enter into contracts
• exercise other powers granted to corporations

Note: Local chief executive may not enter into any contract without PRIOR AUTHORIZATION by
the Sanggunian.

LIABILITY
• LGUs and their officials are NOT EXEMPT from liability for death or injury to persons or
damage to property.
• if for governmental function- generally, not liable for acts of its officers or agents
• if proprietary- not exempt from liability

Doctrine of Implied Municipal Liability- LGU is obligated upon an implied contract to pay the
reasonable value of the benefits accepted or appropriated by it.

Intergovernmental Relations
• National Government and LGUs
 • President shall exercise general supervision over LGUs
• President shall exercise supervisory authority DIRECTLY over
• provinces
• HUCs
• Independent Component Cities
• President shall exercise supervision over:
• component cities
• municipalities
• through the:
• province
• and over barangays through the:
• city
• municipality
• No proj. shall be implemented by govt authorities without consultation with
LGUs prior approval of sanggunian.
• Inter-Local Government Relations
• the province, through the governor, shall ensure every component city and
municipality acts within its powers
• city or municipality, through the mayor, shall ensure that barangays act within
scope of their powers
• governor
• review all EOs by mayor
• mayor
• review all EOs of punong barangay

ELECTIVE OFFICIALS
• Qualifications
• filipino citizen
• registered voter
• lgu or district where he intends to be elected [for members of
Sanggunian]
• residence therein
• for atleast one (1) year immediately before the election
• ability to read and write
• filipino
• any other local dialect
• age requirement
• must be possessed on election day
• provinces and hucs
• 23 years old
• mayor or vice mayor in CCs or municipalities
• 21 years old
• sanggunian members in CCs or municipalities
• 18 years old
 • Barangay officials
• 18 years old
• Sanggunian Kabataan
• 18 to 24 years old [RA 10742]

• Disqualifications[ from running ]

• sentenced for an offense involving moral turpitude or offense with 1yr or more
impriisonment
• removed from office because of admin case
• those convicted of violation oath of allegiance
• with dual citizenship
• fugitives from justice
• permanent residents of foreign country
• insane or feeble minded
• Citizenship Requirement
• Ugdoracion v COMELEC : the green card status is a renunciation of one’s status
as a resident of the Philippines.
• On Repatriation
• taking of oath of allegiance
• registration in the civil registrar of Certificate of Repatriation
• and Bureau of Immigration
• Retention of Philippine Citizenship
• those seeking elective public office must make a:
• personal and sworn renunciation of any and all foreign citizenship before
any public officer authorized to administer an oath
• Sobejana v Comelec: Failure to renounce foreign citizenship in
accordance with the tenor of Section 5(2) of R.A. 9225 renders a dual
citizen ineligible to run and hold any elective public office.
• See Abundo: three (3) term limit
• preventive suspension is not a term-interrupting event
• voluntary renunciation shall not be considered as interruption of the continuity
of the service for the full term for which he was elected [Borja v Comelec]
• the office of municipal mayor is not different from a city mayor
• interruption of office must involve loss of title or position

• Jalosjos v Comelec
• on the service of sentence
• Section 40 (a) of the LGC would not apply to cases wherein a penal
provision directly and specifically prohibits the convict from running for
elective office
• Hence, despite the lapse of 2 years from the petitioner’s service of his
commuted prison term, he remains bound to suffer the accessory penalty
of perpetual absolute disqualification which consequently disqualifies
him to run as mayor of Zamboanga City.
 • Dimapilis v Comelec
• the term “perpetual” in this admin penalty should likewise connote a
lifetime restriction and is not dependent on the term of any principal
penalty.
• VACANCIES AND SUCCESSION
• Governor and Mayor
• vice governor and vice mayor
• sanggunian member accdg to ranking
• Punong Barangay
• Highest Ranking sangguniang brgy member
• second highes
• Ranking in the sanggunian is determined on the basis of the proportion of the votes
obtained to the number of registered voter in each district
• ties resolved by drawing of lots
• Sanggunian (by appointment)
• Provinces, HUCs, ICCs - appointment by President
• Component City and municipality - governor
• Sangguniang barangay - appointment by mayor
• except for the sangguniang barangay, the appointee shall come from the
political party of the member who caused the vacancy.
• if not a member, recommended by sanggunian
• if sangguniang barangay, recommended by sangguniang barangay itself

Note: Under Sec. 45 of the LGC, in case of permanent vacancy in the Sangguniang Bayan
created by the cessation in office of a member who does not belong to any political party, the
Governor shall appoint a qualified person recommended by the Sangguniang Bayan. [ Farinas
v Barba ]

Temporary Vacancy
• When the governor, mayor, or punong barangay is temporarily incapacitated to perform
his duties, the :
• vice governor
• vice mayor
• or ranking sangguniang baranga member
• shall exercise his powers
• except:
• the power to appoint
• power to suspend or dismiss
• which can only be exercised after 30 working days
• Local chief executive is traveling within the Philippines for not more than 3
consecutive days, he may designate an OIC
• shall specify the powers except power to appoint suspend or dismiss

LEGISLATION
 * Vice-Mayor, Vice Governor, Punong Barangay
• presiding officer of sanggunians
• shall vote only in case of a tie
• inability, the members shall elect temporary PO among themselves

Disciplinary Action
• Grounds
• Disloyalty to the Philippines
• Culpable Violation of the Constitution
• Dishonesty, oppression, misconduct in office, gross negligence,
dereliction of duty
• Commission of an offense involving moral turpitude or punishable by
atleas prision mayor
• abuse of authority
• unauthorized absence for 15 consecutive working days except
sanggunian members
• APPLICATION for or acquisition of citizenship, residence, or immigrant
status of another country

Filing of Complaint
• Elective provincial or city - Office of the President
• Elective Municipal - sangguniang panlalawigan, appeal to OP
• Elective Barangay- sangguninang panglungsod or bayan, decision is final

No investigation shall be held and no preventive suspension shall be imposed within 90 days
before any local election.

Preventive Suspension
• Authority
• Province, HUCs, ICCs - OP
• CCs or municipality - governor
• Barangay Official - mayor
• Grounds
• Strong Evidence of Guilt
• Probability the continuance in office can influence witnesses or endanger safety
or records
• Penalty of suspension
• shall not exceed the unexpired term of the respondent nor bar his candidacy
• removal from office shall bar candidacy of respondent for any elective office
Appeal
• Period- Thirty (30) days
• Appellate authority
• Sangguniang Panglungsod of CCs and Sangguniang Bayan
 • Sangguniang Panlalawigan
• Sangguniang Panlalawigan and Sangguniang Panglunsod of HUCs and ICCs
• President [decision is final]

Recall
• mode of removal of a local elective public officer by the people before the end of his
term of office
• Initiation
• Petition of atleast 25% of the registered voters in the LGU
• P.R.A no longer allowed under RA9244
• the official sought to be recalled is automatically a candidate
• official sought to be recalled cannot resign during recall
• official may be subject to recall only once during his term

• Grounds for Recall

• loss of confidence
• by a written petition of atleast 25% of the registered voters of the LGU

• recall of an elective local official shall take effect upon the election and proclamation of
a successor in the person of the candidate receiving the highest number of votes cast
during the election on recall

Practice of Profession
• Governors and Mayors
• absolute prohibition
• Sangguniang Members[SM]
• may do so except session hours

• SM who are lawyers

• shall not appear as counsel in any civil case where the local government is the
adverse party
• shall not appear as counsel in a criminal case where the accused is an officer of
the national or local government accused of the offense committed in relation
to his office
• shall not collect a fee for appearance in admin proceedings involving lgu of
which he is an official
• shall not use property and personnel of the government
• except when SM is defending the interest of the government

• SM who are Physicians

• may practice even during office hours
• only on emergencies and without monetary compensation

Barangay Assembly
 • Qualification for Membership
• actual residence for atleast 6 months
• atleast 15 years of age
• filipino
• registration in list of assembly members
• Call
• punong barangay
• atleast 4 members of Sangguniang Pambarangay
• atleast 5% of assembly members
• Powers
• recommend
• decide on adoption of initiative
• hear the report of the sangguniang barangay

Boundary Dispute
• should be settled amicably
• if settlement fails, go to RTC in the said province
• LGC is silent, RTC is a court of general jurisdiction hence it has jurisdiction to
adjudicate the said controversy

note: the only ground upon which a provincial board may declare any municipal resolution,
ordinance or order invalid is when such resolution, ordinance or order is beyond the powers
conferred upon the council or president making the same

PART 3- Law on Public Officers

Public Office - the right, authority or duty, created and conferred by law by which a given
period, either fixed by law or enduring at the pleasure of the creating power, an individual is
invested with some sovereign power of government to be exercised by him for the benefit of
the public.

De Facto Office - has the reputation of being the officer that he assumes to be and yet is not a
good officer in point of law.

Who are Public Officials

• RPC Sec 203
• those who take part in the performance of public functions
• perform public duties
• RA 1379
• any person holding public office or employment by virtue of an appointment,
election or contract
• RA 3019
• includes elective or appointive official and employees
 • permanent or temporary
• classified or unclassified or exempt
• RECEIVING COMPENSATION, even nominal, FROM THE GOVERNMENT
• RA 7080
• any person holding public office
• Jurisprudence
• take part in performance of public functions
• performing public duties
• authority to do so must be by
• direct provision of law
• popular election
• by appointment of competent authority

• LAUREL v Desierto
controlling definition
a public official is an individual who is invested with some portion of the sovereign
functions of the government, to be exercised by him for the benefit of the public.
• Serana v SB
compensation is not an essential element of public office. it is merely incidental

Modes of Acquiring Title to Public Office

• Appointment
• Commission - written evidence of appointment
• Designation - imposition of additional duties
• Election
• popular vote of the people

Appointment
• permanent
possess requisite qualifications
including eligibility required thereof
• temporary
acting appointment
do not possess all requisite qualifications

Modes and Kinds

• Regular v Ad Interim
• Regular- while congress is in session
after nomination is confimer by the Comm. on Appointments
continues until the end of term
• Ad Interim
done when congress is not in session
before confirmation by Comm on Appointments
immediately effective
 ceases to be valid if appointment is disapproved or bypassed by Commission on
Appointments upon the next adjournment of Congress
• Appointments of relatives within the fourth degree of consanguinity or affinity (Sec. 49
of CSL and Sec 79 of LGC)
• Appointment of Treasurer is made by Sec of Finance
• appointment of the Vice President as cabinet member requires no confirmation [Art 7
Consti]

General disqualifications
• Constitution
• no candidate who has lost in any election shall:
• within 1 year after such election
• be appointed to any office in the Government of any GOCCs
• No elective official shall be eligible for appointment or designation in any
capacity to any public office or position
• during his tenure
• unless otherwise allowed by law or by the primary functions of his position
• no appointive official shall hold any other office or employment in the
government or any subdivision or GOCC thereof
• See also Art 7 Sec 13
• See also Sec. 13 Art 6
• See also Sec. 12 Art 8
• See also Sec. 2 Art IX-A
• See Art XI ,Sec 8, 11
• Art IX-B, Sec. 1

Disabilities and Inhibitions of Public Officers

• Senators and Reps
• cannot appear personally as counsel
• must not be interested financially in any contract or franchise or special privilege
granted to the government, etc
• shall not intervene in any matter before any office of the government for his
pecuniary benefit or where he may be called upon to act on account of his office

Powers
• expressly conferred
• expressly annexed
• implied by virtue of his office
• ministerial v discretionary

General duties of Public Officers

• public office is a public trust
• SALN
• Allegiance at all times
Prohibitions
• partisan political activity
• additional or double compensation
• unless authorized specifically by law

Local Government
• Prohibited Appointments
during tenure
shall not hold any other office unless otherwise allowed by law or primary function of
his office
no candidate who lost in any election should be appointed to any office
within one year after the election
xpn: losing candidates in brgy. elections
incompatible office

• prohibitions against loans

• laborers not allowed to perform clerical duties
• detail or reassignment
• Nepotism [ laurel v csc ]

Rights of Public Officers

• right to office
• right to salary
• right to preference in promotion
the right does not prevail over the discretion of the appointing authority
• right to vacation and sick leave
• right to maternity leave
• right to retirement pay
• right to reimbursement for expenses incurred in due performance of duty
• right to be indemnified
• right to longevity pay

Liabilities of Public Officers

• GR: not liable as a consequence of official act
• liability on contract if acted without or exceeded his authority
• Presidential immunity from suit
• three fold liability rule [ civil, criminal, admin ]
• govt employees wrongful act
• liability of ministerial officers
• nonfeasance- neglect or refusal to perform an act
• misfeasance- failure to use that degree of care, skill, and diligence
• malfeasance- the doing through ignorance, inattention or malice of an act which
he had no legal right to perform
 •

De Facto Office
• validly existing public office
• actual physical possession
• color of title to the office
• by reputation or acquiesence
• under a known and valid appointment or election
• entitlement of salaries

Modes of Terminating Official Relationship

• expiration of term or tenure
• reaching the age limit
• resignation
• recall
• removal
• abandonment
• acceptance of an incompatible office
• abolition of office
• prescription of the right to office
• impeachment
• death
• failure to assume elective office within 6 months from proclamation
• conviction of a crim
• filing of COC

The Civil Service

• Career Service
• Open Career Positions
• Closed Career Positions
• Career Executive Service
• Non Career
• elective
• dept heads official of cabinet rank
• co terminous with appointing authority
• chairmen and members of commissions and boards
• contractual personnel
• emergency and seasonal personnel

Ombudsman
• discipling all elective and appointive officials
• investigative authority
impeachable officers
private individuals in conspiracy with public official
 • functions
public assistance
investigation
graft prevention
adjudication
• can punish for contempt
• investigate of ill-gotten wealth
• unexplained wealth
manifestly out of proportion to lawful salary and other lawful income
Where to Appeal
• admin case: CA under R43 within 10 days from receipt of notice
• admin case: ombudsman decision is final and unappealable
• penalty imposed is:
public censure
reprimand
suspension of not more than 1 month
fine equivalent to 1 month salary
• prior to Nov 10 2015, condonation doctrine still applicable
• after, no condonation doctrine applicable, Sec. 14 RA 6770 declared
unconstitutional
• Condonation Doctrine
• implies forgiveness, connotes knowledge, and in the absence of knowledge, no
condonation.
• the fact of misconduct was done in a prior term and that the subject public
official was eventually re-elected by the same body politic
• it is inconsequential whether the said re election be on another public office or
an election year that is not immediately succeeding the last, as long as the
electorate that re elected the public official be the same.

PART 4- Election Laws

Powers and Functions of Comelec

Voters
Registration
• rules on candidacy
• rules on campaign
• casting
• counting
• canvassing
• proclamation [ends electoral process]
• pre-proclamataion controversy
• election contests
 • election offenses

Suffrage - right to vote in election of officers chosen by people and in the determination of
questions submitted to people.

Election- embodiment of the popular will, the expression of the sovereign power of the people.
• Regular
• Special - when there is failure of election or that which is conducted to fill up certain
vacancies as provided for by law.

Suffrage
• may be exercised by qualified Filipinos abroad
• Art. V, Sec.2
• Overseas Voting Act
• RA 9189

System of Election
• Plebiscite
electoral process by which an initiative on the Constitution is approved or rejected by
the People.
creation, division, merger or abolition of political subdivisions of LGUs
• Initiative
power of the people to propose amendments to the Constitution or to propose and
enact legislations through the election called for the purpose.
Repeal, Enact, Propose
• Referendum
Power of the electorate to approve or reject a piece of legislation through an election
called for the purpose.
• Recall
mode of removal of an elective public officer by the people before the end of his term
of office.
loss of confidence

Qualifications
• COMELEC
composed of Chairman and six (6) Commissioner
natural-born citizens at the time of their appointment
atleast 35 years of age
holders of college degree
must not have been candidates for any elective position in the immediately preceding
elections.
MAJORITY thereof, including the Chairman, shall be member of the Phil. Bar
engaged in the practice of law for at least 10 years
Chairman and Commissioners
 appointed by the President
with the consent of CA
7 year term without reappointment
appointment to any vacancy shall be only for the unexpired term of predecessor
Member cannot be appointed or designated in a temporary or acting capacity

• Powers and Functions

• enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum and recall.
• exclusive original jurisdiction over all contents relating to the elections, returns,
qualifications of all ELECTIVE provincial and city officials.
• by filing a petition for quo warranto
• appellate : elective municipal decided by trial courts of general jurisdiction and
elective barangay of trial courts with limited jurisdiction
• decision of comelec on election contests involving elective municipal and
barangay officials shall be final and executory, not appealable.
• decide, except those involving the right to vote, all questions affecting elections
• determination of number and location of polling places
• appointment of election officials
• registration of voters
• Deputize, with the concurrence of the President
• law enforcement agencies
• instrumentalities of government
• to ensure orderly and honest elections
• Registration
• political parties
• organization
• coalition/accreditation of citizens’ arms
• File
• upon verified complaint
• on its own initiative
• petitions in court for the inclusion or exclusion of voters
• investigate and prosecute cases for violation of election laws, where
appropriate.
• including acts or omissions constituting election frauds, offenses
and malpractices.
• Recommend to Congress effective measure to minimize election spending, etc.
• Recommend to President removal of any officer or employee it has deputized
• Comelec has no removal powers of those deputized
• supervision or control
• summon parties to a controversy pending before it
• punish contempt
• promulgate rules and regulations
 • Can the COMELEC change the schedules or periods prescribed by law for pre-election
activities?
• RA 6646, Sec. 29
• if it should no longer be reasonably possible to observe the periods and dates
prescribed by law for certain pre-election acts, the COMELEC shall fix other
periods and dates in order to ensure accomplishment of the activities so voters
shall not be deprived of their right of suffrage

• EN BANC and DIVISION Cases

• en banc , 2 divisions
• all election cases shall be heard and decided in division
• provided that MRs shall be decided by the Commission en banc
• ONLY DECISIONS OF THE COMELEC EN BANC MAY BE BROUGHT TO THE SC ON
CERTIORARI [R65]
• DECISIONS OF COMELEC MADE IN THE EXERCISE OF QUASI-JUDICIAL
POWER, NOT ADMINISTRATIVE POWER
• SC cannot review Interlocutory orders issued by a division [Sahali v
Comelec, et al]

• if COMELEC en banc is EQUALLY divided

• comelec rules on procedure
• the case must be:
• Reheard
• if still equally divided
if no decision reached : Dismissed [if Original case filed in en banc]; Affirmed [if
appealed case]; Denied [if incidental matter]
Legaspi v COMELEC, September 2015 case

• Disqualification Cases
• The tribunals which have jurisdiction over the question of the qualifications of
the President, VP, Senators, and Members of HOR was made clear by
Constitution.
• Can the COMELEC be the JUDGE?
• as to candidates: yes
• as to elective officials: once elected, no

VOTERS
• Qualifications of VOTERS
Omnibus Election Code was repealed, Sec 116 and 117 thereof
RA 8189 is governing law
Filipino Citizen
at least 18 years of age ON ELECTION DAY
Resident of the Philippines for at least ONE YEAR immediately before the election
 Resident of the city or municipality where he proposes to vote at least six (6) months
immediately before the election
any person who:
temporarily resides, in another place by reason of his:
employment
educational activities
detention
does not lose his original residence
Not otherwise disqualified by law
• Disqualification
sentenced by final judgment to suffer imprisonment of not less than 1 year
unless removed by plenary pardon or amnesty
provided, however, automatically reacquire the right to vote upon expiration of 5 years
after service of sentence.
adjudged by final judgment by a competent court or tribunal of having committed any
crime involving disloyalty to the duly constituted government
rebellion, sedition, violation of firearms law or any crime against national security
unless restored to his full civil and political rights in accordance with law
automatically reacquire right to vote upon expiration of 5 years after service of sentence
insane or competent persons
declared by competent authority
unless declared by the same or another equal authority that you are no longer insane or
incompetent

May an accused in detention be allowed to vote?

* Detainee Voting [Resolution No. 9371]
• availed by any registered detainee whose registration record is not
transferred/deactivated/cancelled or deleted.
• who is a detainee?
• confined in jail
• serving a sentence of imprisonment for less than 1 year
• whose conviction of a crime involving disloyalty to the government is on appeal
• Aguinaldo v New Bilibid Prisons [April 2016]

Residence Requirement for Qualified Filipinos Abroad

• Nicolas-Lewis,et al v COMELEC [August 2006]
there is no provision in the dual citizenship law - RA 9225 - requiring “duals” to actually
establish residence and physically stay in the Philippines first before they can exercise their
right to vote.

Registration of Voters
• “continuing” registration
• conducted daily
• all applications for registration shall be heard and processed on a quarterly basis
 • Akbayan Youth v COMELEC
• no registration conducted during the period starting
120 days before a regular election
90 days before a special election
• no special registration conducted by COMELEC within said periods
• Sec.8 RA 8189
• Kabataan Party-List v COMELEC
• extension should be sought prior to the 120 day prohibitive period

Double-Registrants
• Election Offense [Section 261, OEC]
• Any person who, being a registered voter, registers anew without filing an application
for cancellation of his previous registration.

Inclusion/Exclusion Proceedings
• courts are the ones to decide since the right to vote is a constitutionally granted right
• petitions may be filed in Municipal/Metropolitan Trial Courts
• appeal to RTC within 5 days from receipt of notice
• immediately executory
• no MR
• petition for INCLUSION may only be filed
• person whose application had been
stricken out from the list of voters
application for registration was disapproved
• petition for EXCLUSION
• filed by any registered voter
• representative of political party
• election officer [ Section 34-34, RA 8189]
• COMELEC [Art IX-C, Sec 2 (6)
• Prohibitive Period
• Inclusion
any time except 105 days PRIOR to a REGULAR election
75 days PRIOR to a SPECIAL election
• Exclusion
any time except 100 days prior to a regular election
65 days prior to a special election
Notice of Hearing
served upon members of the Election Board
and challenged voter upon filing of the petition
by personal delivery
leaving it in possession of a person of sufficient discretion in the residence of the
challenged voter
by registered mail
if not practicable
 posted in a bulletin board of the city or municipal hall AND 2 other conspicuous places
within the same.

REACTIVATION of REGISTRATION
• file a sworn statement that the ground for deactivation no longer exists
CANCELLATION
• Only one ground: Death
DEACTIVATION
• grounds
• sentenced by final judgment to suffer imprisonment for not less than 1 year
• adjudged guilty for crimes involving disloyalty to the government
• insane or incompetent
• did not vote in the two successive preceding regular elections
• those ordered excluded by the Court
• those who lost his Filipino citizenship
• No biometrics registration [RA 10367]
• No bio, No boto
not additional qualification but a mere aspect of registration procedure

• Annulment of Book of Voters

• upon verified petition filed with the COMELEC
• any voter or election officer or duly registered political party
• after notice and hearing
• annul any book of voters
• grounds
fraud
bribery
forgery
impersonation
intimidation
force
any similar irregularity
which contains data that are statistically improbable.
• No order, ruling, or decision to be executed within 90 days before an
election

• Accessible Polling Places for PWDs and Senior Citizens [RA 10366]

Absentee Voting
• Domestic
• public officials
• temporarily stationed/assigned
• in places other than the place where he/she is registered voter of
• in the performance of his or her election duties
 • are allowed to vote in their place of work
• New Abseente Voting Law for Members of Media [RA 10380]
• allowed to vote on specified days EARLIER
• all members of the media, tv and print
• only vote for national office
• Overseas
• RA 9189 OAV act of 2003
• immigrants
• permanent residents provided they file an affidavit that they will resume actual
physical permanent residence within 3 years from approval of registration
• coverage
all citizens of Phils abroad
not disqualified by law
atleast 18 years old on election day
may vote for president, vp, senators, and party list reps
• Disqualifications
loss of Filipino citizenship
renounce expressly Filipino Citizenship and pledged allegiance to foreign country
convicted by final judgment, imprisonment of at least one year
declared insane/incompetent
• OVA - RA 10590
no more affidavit requirement

Political Parties
• must be registered with the COMELEC
• publication
• platform of government must be shown
• RA 7941 Party-List Act
• Political Party
organized group of citizens
advocating an ideology or platform
principles and policies
for the general conduct of government
regularly nominates and supports certain of its leaders and members
• Registration
• cannot be registered?
religious sects
those who seek to achieve their goals through unlawful means
those which refuse to adhere to consti
supported by foreign government
• Magdalo v COMELEC
subsequent amnesty granted in favor of petitioners can no longer be attributed or
interpreted as acts of violence
• Ang Ladlad v COMELEC
 moral disapproval, without more, is not a sufficient governmental interest to justify
exclusion of homosexuals from participation in the party list system
this selective targeting of comelec implicates our equal protection clause.
• Atong Paglaum v COMELEC
a majority of the members of the sectoral party must belong to the “marginalized and
underrepresented”. The nominees of the sectoral party either must belong to the sector or
must have a track record of advocacy for the sector represented.
Three Groups may participate in Party-List System
National Parties/Organizations
Regional Parties/Organizations
Sectoral Parties/Organizations
National Parties/Organizations and regional parties do not need to organize along
sectoral lines and do not need to represent any “marginalized and underrepresented” sector
Political parties can participate in party-list elections provided they register under the
party-list system and do not field candidates in legislative district elections.
only through its sectoral wing that can separately register

RULES ON CANDIDACY
• Candidate
• any person aspiring for or seeking an elective public office who has filed his
certificate of candidacy
• and who has not died or withdrawn or otherwise disqualified before the start of
the campaign period
• basis: COMELEC Resolution No. 8678
• Prohibition against multiple candidacies
• filing of multiple coc for more than one office will deny eligibility for any of them.
• before deadline of filing, he may withdraw all except one.
• Deadline for Filing COC
• Manual - filed not later than the day before the date for the beginning of the
campaign period
• Automated
• Commission shale set deadline
• considered as a candidate at the start of the campaign period
• persons who hold public appointive office or position shall be considered
ipso facto resigned from his/her office and must vacate the same at the
start of the day of the filing of his/her certificate of candidacy [RA 9369]
• Elective Office
• filing of COC will not produce the effect of resignation.

• QUINTO v COMELEC
• Elective- occupy office by virtue of the mandate of the electorate
• elected to an office for a definite term
• remove only by stringent conditions
 • Appointive- occupy office by virtue of their designation by an appointing
authority
• some hold positions in a permanent capacity and entitled to security of
tenure
• others serve at the pleasure of the appointing authority

Note: COC which did not indicate the position for which the candidate is running may be
corrected. [Conquilla v COMELEC]

Independent Candidate
• not been nominated
• party who nominated is not duly registered with the commission
• not accepted nomination or has repudiated certification of nomination
• accepts more than one nominations from more than one political party
• CONA was not filed on time
• CONA was cancelled, withdrawn or denied due course

Disqualification to be a CANDIDATE and of CANDIDATES

• Sec. 12 and Sec 68 of OEC
• Disqualification OF Candidates
• already a candidate
• grounds:
• spending in excess allowed for his election campaign
• 10 pesos [Pres and VP] 3 Pesos for other for every voter currently
registered in the constituency where he filed his COC
• if without political party, 5 pesos per voter
• soliciting, receiving or making any prohibited contribution
• transportation, food and drinks
• prohibited contributuons
• from foreing sources
• prohibition on raising of funds
• Removal, Destruction, or defacement of lawful election propaganda
• Section 261 e, k, v, cc of OEC
• Grave Coercion
• Javier v COMELEC
• no longer a ground for disqualification
• Nuisance Candidate
• motu proprio or upon verified petition
• refuse to give or cancel COC
• cause confusion
• no bonafide intention to run
• make election process in mockery or disrefute
• votes casts in favor of nuisance candidate
• not stray votes
 • if in automated elections - count them in favor of the
bona fide candidate [Dela Cruz v Comelec]
• multi-slot positions
• Santos v Comelec [Sept 2018]
• dela cruz ruling will not apply. it shall result to a situation
where the legitimate candidate shall receive two votes
from one voter.

• Falsity of Material Representation in Cert. of Candidacy [Sec. 78, OEC]

• verified petition
• exclusively on the ground that any material representation contained in
the COC under Sec 74, OEC is FALSE.
• Salcedo II v COMELEC
• the use by a married woman of the surname of her husband in
her certificate of candidacy when their marriage is bigamous does
not constitute falsity of a material representation, since she had
no intention to deceive and mislead the public as to her true
identity.
• intent to deceive the electorate is crucial
• Villafuerte v Comelec
• respondent’s nickname written in the COC cannot be considered a
material fact which pertains to his eligibility and thus qualification
to run for public office.
• the use of a name other than that stated in the certificate of birth
is not a material representation

Petition for disqualification [ Sec 68, OEC ] v Petition to Cancel or Deny Due Course to a COC
[ Sec. 78 ]
• Tagolino v HRET and Lucy Torres-Gomez
• Sec. 78 applies, disqualification thereof means you cannot be substituted, COC
will be cancelled or denied due course
• no COC, no valid substitution

• Penera v COMELEC
• a person who files his/her COC is considered a candidate only at the start of the
campaign period.
• unlawful acts or omissions applicable to a candidate shall take effect only upon
the start of the aforesaid campaign period.

Effects of Disqualification Case

• shall not be voted for
• votes cast in his favor shall not be counted
 • if candidate is not declared by final judgment before an election to be disqualified, the
case shall continue and his proclamation may be suspended if the evidence of guilt is
strong [Sec 6, RA 6646]

Overbreadth Doctrine
• Chavez v COMELEC
• A statute or regulation is considered void for overbreadth when:
• it offends the constitutional principle that a government purpose to
control nor present activities constitutionally subject to State regulations
may not be achieved by means that:
• sweep unnecessarily broadly and thereby invade area of
protected freedoms

Substitution of Candidates
• if after the last day for filing certificates, a candidate
• dies
• withdraws
• is disqualified,
• he may be substituted by a person belonging to his party not later than mid-day of
election day [ Sec.77, OEC]
• Substitution is allowed in barangay elections, the OEC is silent.

Sinaca v Mula
• an independent candidate who joined the party of a disqualified candidate may be
nominated as his substitute even if he joined the party only after disqualification.
Lokin v COMELEC
• COMELEC can issue IRRs that provide a ground for substitution of a party-list nominee
not written in RA 7941 otherwise known as the Party-List System Act.

Residency Requirement
• question of intention
• every person has a domicile or residence somewhere
• once established, the domicile remains until he acquires a new one
• a person can have but one domicile at a time
• see Limbona v Comelec
• Elements of domicile
• physical
• intent

Jalosjos v COMELEC
• on the service of sentence
• disqualified to run for any elective local position
• sentenced by final judgment for an offense punishable by one year or more of
imprisonment or moral turpitude
 • within 2 years AFTER serving sentence.
• however, perpetual absolute disqualification will not be affected by such
period and will still disqualify Jalosjos to run for mayor
Asistio v Aguirre
• Domicile is not easily lost
• there must be:
• actual removal or change of domicile
• bona fide intention of abandoning the former place of residence and
establishing a new one
• acts which correspond to that purpose.
Altarejos v COMELEC
• on repatriation
• in addition to the taking of the Oath of Allegiance to the RP, the registration of
the Certificate of Repatriation in the proper civil registry and the Bureau of
Immigration is a pre requisite in effecting the repatriation of a citizen.
Sobejana-Condon v COMELEC
• failure to renounce foreign citizenship in accordance with the exact tenor of Section 5
(2) of RA 9225 renders a dual citizen ineligible to run and thus hold any elective public
office

Maquiling v COMELEC
• won the use of a foreign passport after renouncing foreign citizenship affects one’s
qualifications to run for public office
• no. however by representing himself as an american citizen, he voluntarily and
effectively reverted to his earlier status as a dual citizen
• see also Arnado v COMELEC

Lone Candidate Law

• RA 8295
• in a special election called to fill a vacancy, other than the President and Vice
Presidentwhen there is only one (1) qualified candidate, the lone candidate shall be
proclaimed elected.

RULES on CAMPAIGN
• election period shall commence
• 90 days before the day of election
• shall end 30 days after [ Art. IX-C Consti ]
• unless otherwise fixed in special cases by the COMELEC
• Prohibited Acts during Election Period
• Alteration of Territory of a Precinct or establishment of a new precinct
• Transfer or movement of officers and employees in the civil service
• Prohibited Form of Raising of Funds
 • Bearing, carrying or transporting firearms or other deadly weapons, unless
authorized by COMELEC
• Use of Security Personnel
• Suspension of Elective Local Officials
• grant, suspension or cancellation of radio or tv franchise
• petition for forfeiture
• judgment in forfeiture
• anti-money laundering act. no case shall be filed during election period
• Lawful Propaganda
• election propaganda in tv, cable tv, radios, newspapers or any other is allowed
• COMELEC RESO 10049 , Sec 6
• Prohibited Campaign Materials
• All printed published or aired matters without the words
• political advertisement paid FOR and
• political advertisement paid BY
• Donated materials without
• written acceptance
• and contain “printed free of charge” or “airtime for this broadcast was
provided free of charge by”
• film showing of a candidate’s life or an actor who is a candidate
• size duration and frequency matter

Right to Reply [RA 9006]

• all parties and candidates have the right to reply to charges, published against them.
• the reply shall be given the same prominence and shall be printed in the same page or
section and in the same time slot as the first statement

Diocese of Bacolod v Comelec

• SC said the the COMELEC has no power to regulate the free expression of private
citizens who were neither candidates nor members of political parties
• while the tarpaulin may influence the success or failure of the named candidates and
political parties, this does not necessarily mean it is election propaganda
• opinions expressed thereon is a specie of expression protected by our fundamental law

GMA v COMELEC
• aggregate-based airtime limits
• to level the playing field
• however, SC held it to be unreasonable and arbitrary

Prohibited Donations
• within second degree of consanguinity or affinity

STATEMENT OF CONTRIBUTIONS AND EXPENSES

• filed 30 days after elections
 • even if a candidate who withdraws his COC must file

ER Ejercito v COMELEC
• overspending

arrest during campaign

• can be done only upon a warrant of arrest issued by a competent judge

CASTING
• BEI
• public school teachers
• private school teachers if public ST not available
• Ballot

Postponement of Election
• serious cause
• violence, terrorism, loss or destruction of election paraphernalia
• orderly of free, orderly and honest elections shall have become impossible.
• comelec may declare motu proprio or upon petition

Failure of Election
• serious cause
• fraud or other analogous circumstances
• election was not held or suspended
• preparation and transmission and canvas of election returns
• results in failure to elect
• will affect the outcome of election
• on verified petition of any interested party

COUNTING
• ballots once counted = election returns
• manual elections - appreciation of ballots
• idem sonans- a name or surname incorrectly written, which, when read, has a
sound similar to the name or surname of a candidate when correctly written
• ballots which contains prefixes or suffixes are valid and are not marked ones
• votes in favor of a person who has not filed a coc which he did not present
himself shall be considered stray but shall not invalidate the whole ballot.

The neighborhood rule

• where the name of a candidate is not written in the proper space in the ballot
• but is preceded by the name of the office for which he is a candidate
• the vote should be counted as valid for said candidate
CANVASING
• MBOC/CBOC/ -> PBOC -> NBOC
• certificate of canvas
• MBOC
• Election Officer or Representative of COMELEC [Chairman]
• Mun. Treasurer [Vice-Chairman]
• District School Supervisor or in his absence, Senior Principal [Member]
• CBOC
• City Election Officer
• City Prosecutor
• Division Superintendent of Schools
• PBOC
• Provincial Election Supervisor
• Provincial Prosecutor
• District School Superintendent

CCS OPERATOR [ fourth member ?]

A ground for Pre-Proclamation Controversy: if the composition is not met

In Case of a Tie
• Pres, VP - broken by majority vote of both houses of Congress, VOTING SEPARATELY
• Other Positions- tie is broken by the drawing of lots

Failure to assume Office

• within 6 months
• unless for a cause beyond the control of the elected official
• office will be declared vacant

Partial Proclamation
• allowed as long as other winning candidates will not be affected by the outcome of the
controversy

Post-Election Remedies
• Failure of Elections
• Pre-Proclamation controversies [ raise grounds with the Board first, before COMELEC
except for illegal composition of the board ]
• petition to annul proclamation [ ground was discovered only after proclamation] will
stall prescriptive period for filing election protest/contest
• election contests
• election protests- questioning “who won?”
• quo warranto- questioning “qualification or lack thereof”
• election offenses
• recall [for local elective officials]
ELECTION OFFENSES
• Criminal cases committed during the election period
• Jurisdiction to investigate and prosecute : COMELEC or duly authorized legal officer ; to
try and decide: Regional Trial Court
• concurrent with other prosecuting arms of the govt [RA 9369]
• Prescription
• 5 years from commission
• if discovered in an election contest
• 5 years when judgment becomes final and executory
• See Sec 261 and 262 of OEC

GUZMAN V COMELEC
• the issuance of treasury warrant during the period of the election ban violated Section
261 (w) of BP 881 holding that whether or not the treasury warrant in question was
intended for public works was of no moment in determining if the legal provision was
violated.

ELECTORAL SABOTAGE
• Special election offenses
• punishable by life imprisonment
• any person or member of the board of election inspectors or board of canvassers who
• tampers
• increases or decreases the votes received by a candidate/s
• any member of the board who
• refuses after proper verification and hearing to credit the correct votes or deduct
such tampered votes
• perpetrated on large scale or in substantial numbers
• committed in the election of a national elective office voted upon nationwide
• losing candidates are made to appear as winners
• regardless of the elective office involved
• accomplished in a single election document
• votes exceed 5000 votes
• and the same adversely affects the true results of the election
• any and all other forms of tampering involving multiple documents
• votes tampered exceed 10,000

Penalty for Election Offense?

• 1 to 6 years imprisonment without probation
• disqualification to hold public office
• deprivation of the right to vote

GUN BAN
• Orceo v Comelec
• inclusion of airsoft guns and airguns
• exclusion of REPLICAS of airsoft guns and airguns from the term “firearms”