ADMINISTRATIVE LAW 3.

Promulgated in accordance with the

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

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE Eligibility and qualification:

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

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

requirement or condition (e.g., technically

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

DE JURE DE FACTO Legal Effects of Acts

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

POLITICAL LAW COMMITTEE

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

Exception: when there is no de jure appropriate examination but

public officer, de facto officer who otherwise meets the
entitled to salaries for period when requirements for appointment to
he actually discharged a regular position in the
functions.(Civil Liberties Union v. competitive service, whenever a
Exec. Sec., 194 SCRA 317) vacancy occurs and the filling
Challenge to a De Facto Officer: must be thereof is necessary in the
in a direct proceeding where the title interest of the service and there
will be the principal issue is no appropriate register of
those who are eligible at the
IV. COMMENCEMENT OF OFFICIAL time of appointment;
RELATIONS: 4. Regular made by President
1. by appointment; or while Congress is in session and
2. by election becomes effective after
nomination is confirmed by the
Appointment selection, by authority Commission on Appointments
vested with power, of individual who is and continues until the end of
to perform functions of a given office. term; and
Essentially a discretionary power 5. Ad-interim
and must be performed by the a. Recess -- made while
officer in which it is vested Congress is not in session,
according to his best lights, the before confirmation, is
only condition being that the immediately effective, and
appointee should possess the ceases to be valid if
minimum qualification disapproved or bypassed by
requirements prescribed by law CA upon next adjournment
for the position (Nachura, of Congress;
Reviewer in Political Law, p. b. Midnight made by the
305) President before his term
expires, whether or not this
Commission written evidence of is confirmed by the
appointment. Commission on
Appointments.
Designation imposition of
additional duties, usually by law, on
a person already in public office. Regular Ad interim
appointment appointment
Classification of Appointments: Made during the Made during the
1. Permanent extended to person legislative recess
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

POLITICAL LAW COMMITTEE

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

including GOCC, made in favor of a Exceptions:

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

Vacancy when an office is empty Threefold Liability Rule wrongful

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

Classifications of vacancy: Liability of Ministerial Officers:

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

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

are contrary to law, morals, public d. grounds if the charge against

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

POLITICAL LAW COMMITTEE

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

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

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

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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,
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 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 expenses
3. Right to Preference in Promotion incurred in performance of duty;
Promotion movement from one
position to another with increase 9. Right to be indemnified against any
in duties and responsibilities as liability which they may incur in
authorized by law and usually bona fide discharge of duties; and
accompanied by an increase in
pay. 10. Right to longevity pay.

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

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

POLITICAL LAW COMMITTEE

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

9. prescription of right to office (within f. Municipal Mayors and Vice

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

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

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

ELECTION LAW

I.SUFFRAGE terrorism, fraud or other

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

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

(Cawasa vs. Comelec, G.R. II. POLITICAL PARTY

No. 150469, July 3, 2002) - organized group of citizens
advocating an ideology or platform,
Postponement of Elections - An principles and policies for the general
election may be postponed by the conduct of government and which, as
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).

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

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

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

7. not only the candidate party or 1. to put election process in mockery or

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

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

2. Public exhibition of a movie, Substituted and Substitute Candidate

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

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

III. ELECTION CONTESTS 2. For decisions of COMELEC

petition for review on Certiorari
Nature: special summary proceeding with SC within 30 days from
object of which is to expedite receipt of decision on ground of
settlement of controversies between grave abuse of discretion
candidates as to who received majority amounting to lack or excess of
of legal votes. jurisdiction or violation of due
Purpose: to ascertain true will of people process;
and duly elected officer, and this could 3. For decisions of Electoral Tribunal
be achieved by throwing wide open the
petition for review on Certiorari
appeal before the court.
with SC on ground of grave abuse
of discretion amounting to lack
Contest: any matter involving title or
or excess of jurisdiction or
claim of title to an elective office, made
violation of due process.
before or after proclamation of winner,
whether or not contestant is claiming
Actions Which May Be Filed:
office in dispute.
1. Election Protest
Election, Returns and qualification
- May be filed by any candidate who
refers to all matters affecting validity of
has filed a certificate of candidacy
the contestees title to the position.
and has been voted upon for the
same officer;
Election conduct of the polls,
Grounds:
including the registration of voters,
a. fraud;
holding of election campaign, and
b. terrorism;
casting and counting of votes.
c. irregularities; or
d. illegal acts
Returns include the canvass of
returns and proclamation of winners, committed before, during, or
together with questions concerning 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 QUO WARRANTO QUO WARRANTO
2. Senator - Senate Electoral Tribunal IN ELECTIVE IN APPOINTIVE
3. Representative - HR Electoral OFFICE OFFICE
Tribunal 1. determination is 1. determination is
eligibility of legality of
4. Regional/Provincial/City - COMELEC
candidate-elect appointment
5. Municipal - RTC 2. when person 2. court may
6. Barangay - MTC elected is determine as to
declared who among the
Appellate Jurisdiction: ineligible, court parties has legal
1. For decisions of RTC and MTC cannot declare 2nd title to office
appeal to COMELEC whose placer as elected,
even if eligible
decision shall be final and
executory;

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

IV. ELECTION OFFENSES promise of any office or

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

POLITICAL LAW COMMITTEE

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

LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991 Declaration of Policy:

(R.A. 7160)
1. Territorial and subdivisions of State
Effectivity: January 1, 1992 shall enjoy genuine and meaningful
local autonomy to enable them to
Scope of Application of Local attain fullest development and make
Government Code: them more effective partners in
Applicable to: attaining national goals;
1. all provinces, 2. Ensure accountability of LGUs
2. cities, through institution of effective
3. municipalities, mechanisms of recall, initiative and
4. barangays; referendum; and
5. and other political subdivisions 3. Require all national agencies and
as may be created by law; and offices to conduct periodic
6. to the extent provided in the consultations with appropriate
Local Government Code: LGUs, NGOs and Peoples
a. to officials, Organizations and other concerned
b. offices, or sector of community before any
c. agencies of the National project or program is implemented
Government. in their respective jurisdictions.

Local Autonomy in its constitutional Rules on Interpretation:

sense, to polarize LGUs from over 1. provision on power: liberally
dependence on central government and interpreted in favor of LGU; in case
do not make LGUs mini-republics or of doubt, resolved in favor of
imperium in imperia. devolution of powers;
2. ordinance or revenue measure:
Decentralization of Administration construed strictly against LGU
central government delegates enacting it and liberally in favor of
administrative powers to political tax payer;
subdivisions in order to broaden base of 3. tax exemptions, incentive or relief
government power and in process make granted by LGU: construed against
LGUs more responsive and accountable person claiming;
and ensure their fullest development as 4. general welfare provisions: liberally
self-reliant communities and make them interpreted to give more powers to
effective partners in the pursuit of LGUs in accelerating economic
national development and social development and upgrading quality
progress. of life for people in community;
5. rights and obligations existing on
Decentralization of Power involves date of effectivity of LGC of 1991
abdication of political power in favor of and arising out of contracts or any
LGUs declared autonomous.(Limbona v. other source of prestation involving
Mengelin, 170 SCRA 786). LGU, shall be governed by original
terms and conditions of said
Devolution act by which national contracts or law in force at time
government confers power and authority such rights were vested; and
upon various LGUs to perform specific 6. resolution of controversies arising
functions and responsibilities.[Sec.17(e), under LGC of 1991 where no legal
par.2, LGC]. provision or jurisprudence applies,
resort may be had to customs and
traditions in place where
controversies take place.

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

II. PUBLIC CORPORATION IV. TERRITORIAL AND POLITICAL

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

6. Special metropolitan political

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

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

Plebiscite Requirement organization shall become vested in

approved by a majority of government of municipality.
the votes cast in a plebiscite
called for the purpose in the V. POWERS OF LGUs
political unit/s directly
affected (Sec. 10, R.A. 7160) Classification of Powers of Local
Based on verifiable Government Units
indicators of viability and 1. Express, implied and inherent;
projected capacity to 2. Public or governmental, private or
provide services (Sec. 7, R.A. proprietary;
7160) [Note: see Annex C] 3. Intramural and extramural; and
4. Mandatory and directory; ministerial
Beginning of Corporate Existence and discretionary.
upon election and qualification
of its chief executive and Governmental Powers of LGU:
majority of members of its 1. General Welfare (Sec. 16, R.A.
Sanggunian, unless some other 7160) statutory grant of police
time is fixed therefore by law or power to LGUs. It is limited to:
ordinance creating it. a. territoriality;
Mode of Inquiry to Legal b. equal protection clause;
Existence of LGU: Quo warranto c. due process clause; and
which is reserved to State or d. must not be contrary to law.
other direct proceedings 2. Delivery of basic services and
facilities (Sec. 17, of R.A. 7160);
Abolition of LGU: 3. Power to generate and apply
resources (Sec. 18, of R.A. 7160);
When income, population, or land
4. Eminent Domain (Sec. 19, of R.A.
area of LGU has been reduced to less
7160);
than minimum standards prescribed
Additional Limitations for Exercise
for its creation. The law or
by LGU:
ordinance abolishing LGU shall
a. exercise by local chief executive
specify the province, city,
pursuant to an ordinance;
municipality or barangay with which
b. for public use, purpose or
LGU sought to be abolished will be
welfare for benefit of poor and
incorporated or merged.
landless;
c. payment of just compensation;
Division and Merger of LGUs
and
shall comply with same d. only after valid and definite
requirements, provided: offer had been made to, and not
1. shall not reduce income, population accepted by owner.(Municipality
or land area of LGU concerned to of Paraaque v. V.M. Realty
less than the minimum requirements Corp., 292 SCRA 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 the 3rd class municipalities: 10% ;
LGUs affected and new LGU. When and
municipal district of other territorial c. for 4th to 6th class municipalities:
divisions is converted or fused into a 5%.
municipality all property rights 6. Closure and opening of roads (Sec.
vested in original territorial 21 of RA 7160)

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

In case of permanent closure:

Barangay Chairman has no
a. adequate provision for public veto power.
safety must be made; and Corporate Powers of LGU:
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

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

3. for Violation of Law punishable by 1 year or more of

4. for Contracts if contract is: imprisonment within 2 after service
a. intra vires liable; of sentence;
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

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

Term of Office: 3 years starting 4. commission of offense involving

from noon of June 30 next following moral turpitude or offense
the election or such date as may be punishable by at least prision mayor;
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;

POLITICAL LAW COMMITTEE

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

POLITICAL LAW COMMITTEE

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