ADMINISTRATIVE LAW ii.

the regulation is a settlement

- Branch of public law that fixes the of a controversy between
organization of the government and specific parties; considered as
determines competence of authorities who an administrative adjudication
execute the law and indicates to the (Cruz, Philippine
individual remedies for the violations of Administrative Law, p.42 -
his rights. 43); or
iii. the administrative rule is in
I. ADMINISTRATIVE BODIES OR AGENCIES the nature of subordinate
legislation designed to
- A body, other than the courts and implement a law by providing
the legislature, endowed with quasi- its details (CIR v. Court of
legislative and quasi-judicial powers for Appeals, 261 SCRA 236).
the purpose of enabling it to carry out b. publication
laws entrusted to it for enforcement or 4. Reasonable
execution.
Requisites for Validity of Administrative
How Created: Rules With Penal Sanctions:
1. by constitutional provision; 1. law itself must declare as punishable
2. by legislative enactment; and the violation of administrative rule or
3. by authority of law. regulation;
2. law should define or fix penalty
II. POWERS OF ADMINISTRATIVE therefor; and
BODIES: 3. rule/regulation must be published.
1.Quasi-legislative or rule-making
power; Doctrine of Subordinate Legislation
2.Quasi-judicial or adjudicatory power; power of administrative agency to
and promulgate rules and regulations on
3.Determinative powers. matters of their own specialization.

A. QUASI-LEGISLATIVE OR RULE- Doctrine of Legislative Approval by Re-

MAKING POWER enactment - the rules and regulations
In exercise of delegated legislative promulgated by the proper administrative
power, involving no discretion as to agency implementing the law are deemed
what law shall be, but merely confirmed and approved by the Legislature
authority to fix details in execution or when said law was re-enacted by later
enforcement of a policy set out in law legislation or through codification. The
itself. Legislature is presumed to have full
Kinds: knowledge of the contents of the
1. Legislative regulation regulations then at the time of re-
a. Supplementary or detailed enactment.
legislation, e.g. Rules and
Regulations Implementing the QUASI- QUASI-
Labor Code; LEGISLATIVE JUDICIAL
b. Contingent regulation FUNCTIONS FUNCTIONS
2. Interpretative legislation, e.g. BIR
Circulars 1. consists of 1. refers to its end
issuance of rules product called
Requisites for valid exercise: and regulations order, reward
1. Issued under authority of law; or decision

2. general 2. applies to a
2. Within the scope and purview of the applicability specific
law; situation
3. Promulgated in accordance with the
3. prospective; it 3. present
prescribed procedure: envisages the determination
a. notice and hearing generally, not promulgation of of rights,
required; only when: a rule or privileges or
i. the legislature itself requires regulation duties as of
it and mandates that the generally previous or
regulation shall be based on applicable in the present time or
certain facts as determined at future occurrence
an appropriate investigation;
B. QUASI-JUDICIAL OR ADJUDICATORY 1. Where provided by law, appeal from
POWER administrative determination may be
Proceedings partake of nature of made to higher or superior
judicial proceedings. administrative officer or body.
Administrative body granted 2. By virtue of power of control of
authority to promulgate its own President, President himself or
rules of procedure. through Department Head may affirm,
modify, alter, or reverse
Two necessary conditions: administrative decision of subordinate.
1. due process; and 3. Appellate administrative agency may
2. jurisdiction conduct additional hearing in appealed
case, if deemed necessary.
Includes the following powers:
1. Prescribe rules of procedure Res judicata effect of Administritve
2. Subpoena power Decisions
3. Contempt Power - has the force and binding effect of a
final judgment (note: applies only to
Administrative Due Process: judicial and quasi judicial proceedings not
1. right to a hearing; to exercise of administrative functions,
2. tribunal must consider evidence Brillantes vs. Castro 99 Phil. 497)
presented;
3. decision must have something to C. DETERMINATIVE POWERS
support itself; 1. enabling permit the doing of an act
4. evidence must be substantial; which the law undertakes to regulate;
5. decision must be based on evidence 2. directing order the doing or
adduced at hearing or at least performance of particular acts to
contained in the record and disclosed ensure compliance with the law and
to parties; are often exercised for corrective
6. board of judges must act on its purposes
independent consideration of facts and 3. dispensing to relax the general
law of the case, and not simply accept operation of a law or to exempt from
view of subordinate in arriving at a general prohibition, or relieve an
decision; and individual or a corporation from an
7. decision must be rendered in such a affirmative duty;
manner that parties to controversy can 4. examining - also called investigatory
know various issues involved and power;
reason for decision rendered.(Ang 5. summary power to apply compulsion
Tibay vs CIR, 69 Phil 635) or force against persons or property to
effectuate a legal purpose without
Substantial Evidence relevant evidence judicial warrants to authorize such
as a reasonable mind might accept as actions.
adequate to support a conclusion.
III. EXHAUSTION OF
Administrative Determinations Where ADMINISTRATIVE REMEDIES
Notice and Hearing Not Necessary: Whenever there is an available
1. summary proceedings of distraint and administrative remedy provided by
levy upon property of delinquent law, no judicial recourse can be
taxpayer; made until all such remedies have
2. grant of provisional authority for been availed of and exhausted.
increase of rates, or to engage in 1. Doctrine of Prior Resort or (Doctrine
particular line of business; of Primary Administrative
3. cancellation of passport where no Jurisdiction) where there is
abuse of discretion is committed; competence or jurisdiction vested
4. summary abatement of nuisance per upon administrative body to act upon
se which affects safety of persons or a matter, no resort to courts may be
property; made before such administrative body
5. preventive suspension of officer or shall have acted upon the matter.
employee pending investigation; and 1. Doctrine of Finality of Administrative
6. grant or revocation of licenses for Action no resort to courts will be
permits to operate certain businesses allowed unless administrative action
affecting public order or morals. has been completed and there is
nothing left to be done in
Administrative Appeal or Review administrative structure.
2. Judicial Relief from Threatened b. commission of abuse of
Administrative Action courts will not authority; and
render a decree in advance of c. when administrative fact finding
administrative action and thereby body is unduly restricted by an
render such action nugatory. It is not error of law.
for the court to stop an administrative
officer from performing his statutory Modes of review:
duty for fear he will perform it 1. Statutory;
wrongly. 2. Non-statutory inherent power of the
court to review such proceedings
Effect of Failure to Exhaust upon questions of jurisdiction and
Administrative Remedies: as a general questions of law;
rule, jurisdiction of the court is not 3. Direct proceeding;
affected but the complaint is vulnerable to 4. Collateral attack.
dismissal due to lack of cause of action.
Exceptions to the Doctrine: General Rule: Findings of facts of
1. doctrine of qualified political agency Administrative Agencies accorded great
(when the respondent is a department weight by the Courts.
secretary whose acts as an alter ego of Exceptions to the Rule:
the President bears the implied and 1. factual findings not supported by
assumed approval of the latter); evidence;
except where law expressly provides 2. findings are vitiated by fraud,
exhaustion; imposition or collusion;
2. administrative remedy is fruitless; 3. procedure which led to factual
3. where there is estoppel on part of findings is irregular;
administrative agency; 4. palpable errors are committed; and
4. issue involved is purely legal; 5. grave abuse of discretion, arbitrariness
5. administrative action is patently or capriciousness is manifest.
illegal, amounting to lack or excess of
jurisdiction; Brandeis Doctrine of Assimilation
6. where there is unreasonable delay or of Facts one purports to be
official inaction; finding of fact but is so involved
7. where there is irreparable injury or with and dependent upon a
threat thereof, unless judicial question of latter,courts will
recourse is immediately made; review the entire case including
8. in land case, subject matter is private the latter. law as to be in
land; substance and effect a decisi
9. where law does not make exhaustion a
condition precedent to judicial
recourse;
10. where observance of the doctrine will
result in nullification of claim;
11. where there are special reasons or
circumstances demanding immediate
court action; and
12. when due process of law is clearly
violated.

IV. JUDICIAL REVIEW OF ADMINISTRATIVE

DECISIONS
When made:
1. to determine constitutionality or
validity of any treaty, law,
ordinance, executive order, or
regulation;
2. to determine jurisdiction of any
administrative board, commission or
officer;
3. to determine any other questions of
law; and
4. to determine questions of facts
when necessary to determine either:
a. constitutional or jurisdictional
issue;
 San Beda College of Law
4
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
 San Beda College of Law
5
MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE
- right, authority and duty created and conferred by law, by which for a given period,
either fixed by law or enduring at pleasure of creating power, and individual is vested
with some sovereign functions of government to be exercised by him for the benefit of
the public.(Fernandez vs Sto Tomas, 234 SCRA 546)

Elements of Public Office: (LSDIP)

1. created by law or ordinance authorized by law;
2. possess sovereign functions of government to be exercised for public interests;
3. functions defined expressly or impliedly by law;
4. functions exercised by an officer directly under control of law, not under that of a
superior officer unless they are functioned conferred by law upon inferior officers, who
by law, are under control of a superior; (duties performed independently) and
5. with permanency or continuity, not temporary or occasional.

Characteristics:
-Public office is a public trust.
-Public office is not property and is outside the commerce of man. It cannot be subject of a
contract. (Cruz, Law on Public Officers, p.5)

II. PUBLIC OFFICERS

- individuals vested with public office

Classification of Public Officers:

1. Executive, legislative and judicial officers;
2. Discretionary or ministerial officers;
3. Civil or military officers;
4. Officers de jure or de facto; and
5. National, provincial or municipal officials

Eligibility and qualification:

two senses:
1. may refer to endowments, qualities or attributes which make an individual eligible
for public office;
2. may refer to the act of entering into performance of functions of public office.

Authority to prescribe qualification:

1. when prescribed by Constitution, ordinarily exclusive, the legislature may not increase
or reduce qualifications except when Constitution itself provides otherwi as when only
minimum or no qualifications are prescribed( ex: Art XIII Sec 17 (2), Art VIII Sec 7 (2)
Consti) ;
2. when office created by statute, Congress has generally plenary power to prescribe
qualification but such must be:
a. germane to purpose of office; and
b. not too specific so as to refer to only one individual.

III. DE FACTO OFFICERS

- one who has reputation of being an officer that he assumes to be, and yet is not an
officer in point of law.

- a person is a de facto officer where the duties of the office are exercised under any of
the following circumstances:
1. Without a known appointment or election, but under such circumstances of
reputation or acquiescence as were calculated to induce people, without inquiry, to
submit to or invoke his action, supposing him to the be the officer he assumed to be;
or
2. Under color of a known and valid appointment or election, but where the officer has
failed to conform to some precedent requirement or condition (e.g., taking an oath
or giving a bond);
3. Under color of a known election or appointment, void because:
a. the officer was not eligible;
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz
Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla,
Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
6
MEMORY AID IN POLITICAL LAW

b. there was a want of power in the electing or appointing body;

c. there was a defect or irregularity in its exercise;
such ineligibility, want of power, or defect being unknown to the public.
4. Under color of an election or an appointment by or pursuant to a public,
unconstitutional law, before the same is adjudged to be such.

Note: Here, what is unconstitutional is not the act creating the office, but the act by which
the officer is appointed to an office legally existing. (Norton v. County of Shelby)

Requisites:
1. valid existing office;
2. actual physical possession of said office;
3. color of title to office;
4. by reputation or acquiescence;
5. known or valid appointment or election but officer failed to conform with legal
requirements;
6. known appointment or election but void because of ineligibility of officer or want of
authority of appointing or electing authority or irregularity in appointment or election not
known to public; and
7. known appointment or election pursuant to unconstitutional law before declaration of
unconstitutionality.

DE JURE DE FACTO
OFFICER OFFICER

1. rests on the 1. on reputation

right

2. has lawful or 2. has possession

title to the and performs the
office duties under
color of right
without being
technically
qualified in all
points of law to
act

3. cannot be 3. may be ousted in

removed in a a direct
direct proceeding
proceeding against him.

DE FACTO INTRUDER
OFFICER

1. officer under 1. one who takes

any of the 4 possession of an
circumstances office and
mentioned undertakes to
act officially
without any
authority, either
actual or
apparent

2. has color of 2. has neither

right or title to lawful title nor
office color of right or
title to office

3. acts are valid as 3. acts are

to the public absolutely void

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

until such time and can be

as his title to impeached in
the office is any proceeding
adjudged at any time
insufficient unless and until
he continues to
act for so long a
time as to afford
a presumption of
his right to act

4. entitled to 4. not entitled to

compensation compensation
for services
rendered

Legal Effects of Acts

- valid insofar as they affect the public
Entitlement to Salaries
General Rule: rightful incumbent may recover from de facto officer salary received by latter
during time of wrongful tenure even though latter is in good faith and under color of
title.(Monroy v. CA, 20 SCRA 620)
Exception: when there is no de jure public officer, de facto officer entitled to salaries for
period when he actually discharged functions.(Civil Liberties Union v. Exec. Sec., 194
SCRA 317)
Challenge to a De Facto Officer: must be in a direct proceeding where the title will be the
principal issue

IV. COMMENCEMENT OF OFFICIAL RELATIONS:

1. by appointment; or
2. by election

Appointment selection, by authority vested with power, of individual who is to perform

functions of a given office.
Essentially a discretionary power and must be performed by the officer in which it is
vested according to his best lights, the only condition being that the appointee
should possess the minimum qualification requirements prescribed by law for the
position (Nachura, Reviewer in Political Law, p. 305)

Commission written evidence of appointment.

Designation imposition of additional duties, usually by law, on a person already in

public office.

Classification of Appointments:
1. Permanent extended to person possessing requisite qualification for the position
and thus enjoys security of tenure;
2. Temporary acting appointment, given to a non-civil service eligible is without a
definite tenure and is dependent upon the pleasure of the appointing power;
3. Provisional- is one which may be issued upon prior authorization of the Commissioner
of Civil service in accordance with the provisions of the Civil Service Law and the rule
and standards to a person who has no t qualified in an appropriate examination but
who otherwise meets the requirements for appointment to a regular position in the
competitive service, whenever a vacancy occurs and the filling thereof is necessary in
the interest of the service and there is no appropriate register of those who are
eligible at the time of appointment;
4. Regular made by President while Congress is in session and becomes effective after
nomination is confirmed by the Commission on Appointments and continues until the
end of term; and
5. Ad-interim
a. Recess -- made while Congress is not in session, before confirmation, is
immediately effective, and ceases to be valid if disapproved or bypassed by CA
upon next adjournment of Congress;

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

b. Midnight made by the President before his term expires, whether or not this is
confirmed by the Commission on Appointments.

Regular Ad interim
appointment appointment
Made during the Made during the
legislative recess
session
Made only after Made before
the nomination such
is confirmed by confirmation
the Commission
on Appointments
(CA)
Once confirmed Shall cease to be
by the CA valid if
continues until t disapproved by
he end of the the CA or upon
term of the the next
appointee adjournment

Nepotism all appointments in the national, provincial, city and municipal governments
or in any branch or instrumentality thereof, including GOCC, made in favor of a relative
of the (1) appointing or (2) recommending authority or of the (3) chief of the bureau or
office or of the (4) persons exercising immediate supervision over him. A relative is one
within the 3rd degree either of consanguinity or affinity

Vacancy when an office is empty and without a legally qualified incumbent appointed
or elected to it with a lawful right to exercise its powers and performs its duties.

Classifications of vacancy:
1. original when an office is created and no one has been appointed to fill it;
2. constructive when the incumbent has no legal right or claim to continue in
office and can be legally replaced by another functionary;
3. accidental when the incumbent having died, resigned, or been removed;
4. absolute when the term of an incumbent having expired and the latter not
having held over, no successor is in being who is legally qualified to assume the
office.

V. POWERS AND DUTIES OF A

PUBLIC OFFICER:
1. Ministerial discharge is imperative and requires neither judgment nor discretion,
mandamus will lie; and
2. Discretionary imposed by law wherein officer has right to decide how and when duty
shall be performed, mandamus will not lie.

II. LIABILITY OF PUBLIC OFFICER

General Rule: not liable for injuries sustained by another as a consequence of official acts
done within the scope of his authority, except as otherwise provided by law.
A Public Officer shall not be civilly liable for acts done in the performance of his duties

Exceptions:
1. statutory liability under the Civil Code (Arts. 27, 32 and 34);
2. When there is a clear showing of bad faith, malice or negligence (Administrative Code of
1987);
3. liability on contracts; and
4. liability on tort .

Threefold Liability Rule wrongful acts or omissions of public officers may give rise to
civil, criminal, and administrative liability. (CAC liability rule)

Liability of Ministerial Officers:

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

1. Nonfeasance neglect or refusal to perform an act which is officers legal obligation to

perform;
2. Misfeasance failure to use that degree of care, skill and diligence required in the
performance of official duty; and
3. Malfeasance doing, through ignorance, inattention or malice, of an act which he had no
legal right to perform.

Doctrine of Command Responsibility

A superior officer is liable for acts of a subordinate when: (ERCAL)
1. he negligently or willfully employs or retains unfit or incompetent subordinates;
2. he negligently or willfully fails to require subordinate to conform to prescribed
regulations;
3. he negligently or carelessly oversees business of office as to furnish subordinate an
opportunity for default;
4. he directed or authorized or cooperated in the wrong; or
5. law expressly makes him liable.

Under the Revised Admin. Code of 1987, A Superior Officer shall be liable for acts of
subordinate officers only if he has actually authorized be written order the specific act or
misconduct complained.
Subordinate officers are also liable for willful or negligent acts even if he acted under
orders if such acts are contrary to law, morals, public policy and good customs

Preventive Suspension
- a precautionary measure so that an employee who is formally charged of an offense
may be separated from the scene of his alleged misfeasance while the same is being
investigated (Bautista v. Peralta, 18 SCRA 223)

- need not be preceded by prior notice and hearing since it is not a penalty but only a
preliminary step in an administrative investigation (Lastimosa v. Vasquez, 243 SCRA 497)

- the period of preventive suspension cannot be deducted from whatever penalty may be
imposed upon the erring officer (CSC Resolution No. 90-1066)

PENDING PENDING
INVESTIGATION APPEAL
[Sec.51, E.O.292] [Sec.27(4), E.O.
292]

1. not a penalty 1. Punitive in

but only a means character
of enabling the
disciplinary
authority to
conduct an
unhampered
investigation.

2. no compensation 2. If exonerated,
due for the he should be
period of reinstated with
suspension even full pay for the
if found innocent period of
of the charges. suspension.

Rules on Preventive Suspension:

1. Appointive Officials
Not a Presidential Appointee (Secs. 41-42, P.D. 807):
a. by whom the proper disciplining authority may preventively suspend;
b. against whom any subordinate officer or employee under such authority;
c. when pending an investigation;
d. grounds if the charge against such officer or employee involves:
i. dishonesty;
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

ii. oppression or grave misconduct;

iii. neglect in the performance of duty; or
iv. if there are reasons to believe that respondent is guilty of the charges which
would warrant his removal from the service
e. duration the administrative investigation must be terminated within 90 days;
otherwise, the respondent shall be automatically reinstated unless the delay in the
disposition of the case is due to the fault, negligence or petition of the respondent, in
which case the period of delay shall not be counted in computing the period of
suspension.

A Presidential Appointee:
a. can only be investigated and removed from office after due notice and hearing by the
President of the Philippines under the principle that the power to remove is inherent
in the power to appoint as can be implied from Sec. 5, R.A.2260 (Villaluz v.
Zaldivar, 15 SCRA 710).
b. the Presidential Commission Against Graft and Corruption (PCAGC) shall have the
power to investigate administrative complaints against presidential appointees in the
executive department of the government, including GOCCs charged with graft and
corruption involving one or a combination of the following criteria:
i. presidential appointees with the rank equivalent to or higher than an Assistant
Regional Director;
ii. amount involved is at least P10M;
iii. those which threaten grievous harm or injury to the national interest; and
iv. those which may be assigned to it by the President (E.O. No. 151 and 151-A).
2. Elective Officials: (Sec 63, R.A. 7160)
a. by whom against whom
i. President elective official of a province, a highly urbanized or an independent
component city;
ii. Governor elective official of a component city or municipality;
iii. Mayor elective official of a barangay
b. when at any time after the issues are joined;
c. grounds:
i. reasonable ground to believe that the respondent has committed the act or acts
complained of;
ii. evidence of culpability is strong;
iii. gravity of the offense so warrants;
iv. continuance in office of the respondent could influence the witnesses or pose a
threat to the safety and integrity of the records and other evidence
d. duration:
i. single administrative case not to extend beyond 60 days;
ii. several administrative cases not more than 90 days within a single year on the
same ground or grounds existing and known at the time of the first suspension
- Section 24 of the Ombudsman Act (R.A. 6770) expressly provide that the preventive
suspension shall continue until the case is terminated by the Office of the
Ombudsman but not more than 6 months without pay. The preventive suspension
for 6 months without pay is thus according to law (Lastimosa v. Vasquez, 243 SCRA
497)
- R.A. 3019 makes it mandatory for the Sandiganbayan to suspend, for a maximum
period of 90 days unless the case is decided within a shorter period, any public officer
against whom a valid information is filed charging violation of:
1. R.A. 3019;
2. Book II, Title 7, Revised Penal Code; or
3. offense involving fraud upon government or public funds or property (Cruz, The Law
of Public Officers, pp. 86-87)

VII. RIGHTS OF PUBLIC OFFICERS:

1. Right to Office just and legal claim to exercise powers and responsibilities of the public
office.
Term period during which officer may claim to hold office as a right.
Tenure period during which officer actually holds office.
2. Right to Salary
Basis: legal title to office and the fact the law attaches compensation to the 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
11
MEMORY AID IN POLITICAL LAW

Salary compensation provided to be paid to public officer for his services.

Preventive Suspension public officer not entitled during the period of preventive
suspension, but upon exoneration and reinstatement he must be paid full salaries and
emoluments during such period.

Back salaries are also payable to an officer illegally dismissed or otherwise unjustly
deprived of his office the right to recover accruing from the date of deprivation. The
claim for back salaries must be coupled with a claim for reinstatement and subject to
the prescriptive period of one (1) year. (Cruz, Law on Public Officers, p126-126)

Forms of Compensation:
a. salary personal compensation to be paid to public officer for his services and it
is generally a fixed annual or periodical payment depending on the time and not
on the amount of the service he may render;
b. per diem allowance for days actually spent in the performance of official
duties;
c. honorarium something given as not as a matter of obligation, but in
appreciation for services rendered;
d. fee payment for services rendered or on commission on moneys officially
passing through their hands; and
e. emoluments profits arising from the office, received as compensation for
services or which is annexed to the office as salary, fees, or perquisites.

3. Right to Preference in Promotion

Promotion movement from one position to another with increase in duties and
responsibilities as authorized by law and usually accompanied by an increase in pay.

Next-in-Rank Rule the person next in rank shall be given preference in promotion
when the position immediately above his is vacated. But the appointing authority still
exercises his discretion and is not bound by this rule.
Appointing officer is only required to give special reasons for not appointing officer
next in rank if he fills vacancy by promotion in disregard of the next in rank rule.
(Pineda vs. Claudio, 28 SCRA 34)

Automatic Reversion Rule all appointments involved in chain of promotions must be

submitted simultaneously for approval by the Commission, the disapproval of the
appointment of a person proposed to a higher position invalidates the promotion of
those in the lower positions and automatically restores them to their former positions.

4. Right to vacation leave and sick leave with pay;

5. Right to maternity leave;

6. Right to pension and gratuity;

Pension regular allowance paid to an individual or a group of individuals by the
government in consideration of services rendered or in recognition of merit, civil or
military.
Gratuity a donation and an act of pure liberality on the part of the State.

7. Right to retirement pay;

8. Right to reimbursement for expenses incurred in performance of duty;

9. Right to be indemnified against any liability which they may incur in bona fide discharge
of duties; and

10. Right to longevity pay.

11. Right to Self-Organization

Art III, Sec 8 1987Consti. Note: Civil servants are now given the right to self organize but they
may not stage strikes (see: SSS Employees Assoc. vs. CA, 175 SCRA 686)

VIII. MODES OF TERMINATION

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

OFFICIAL RELATIONSHIP:
(TR3A3P DIFC2IT)
1. expiration of term or tenure;
2. reaching the age limit;
3. resignation;
4. recall;
5. removal;
6. abandonment;
7. acceptance of incompatible office;
8. abolition of office;
9. prescription of right to office (within one year after the cause of ouster or the right to
hold such office or position arose);
10. impeachment;
11. death;
12. failure to assume elective office within 6 months from proclamation;
13. conviction of a crime; and
14. filing of certificate of candidacy.

When public officer holds office at pleasure of appointing power, his replacement
amounts to expiration of his term, not removal.(Alajar vs Alba, 100 Phil 683)

Principle of Hold-Over if no express or implied Constitutional or statutory provision to the

contrary, public officer is entitled to hold office until successor has been chosen and shall
have qualified.
Purpose: to prevent hiatus in public office. (But subject to Art. 237 of RPC)

Retirement:
Members of Judiciary : 70 years of age
Other government officers and employees : 65 years of age
Optional retirement age: after rendition of minimum number of years of service.
Accepting Authority for Resignation:
1. to competent authority provided by law;
2. If law is silent and public officer is appointed, tender to appointing officer;
3. If law is silent and public officer is elected, tender to officer authorized by law to call
election to fill vacancy:
a. President and Vice-President - Congress
b. Members of Congress - respective Chambers
e. Governors, Vice Governors, Mayors and Vice Mayors of HUCs and independent
component cities - President.
f. Municipal Mayors and Vice Mayors/City Mayors and Vice Mayors of component cities -
Provincial Governor;
g. Sanggunian Members Sanggunian concerned; and
h. Elective Barangay Officials Municipal or City Mayors

Recall - termination of official relationship for loss of confidence prior to expiration of his
term through the will of the people.

Limitations on Recall:
1. any elective official may be subject of a recall election only once during his term of
office for loss of confidence; and
2. no recall shall take place within one year from date of the officials assumption to office
or one year immediately preceding a regular local election.

Procedure for Recall (Secs. 70-72, R.A. 7160)

1. Initiation of the Recall Process:
a. by a Preparatory Recall Assembly (PRA) composed of:
i. Provincial mayors, vice mayors and sanggunian (sg) members of the
municipalities and component cities;
ii. City punong barangay and (sg) barangay members;
iii. Legislative District:
iiia. SG Panlalawigan municipal officials in the district;
iiib. SG Panglunsod barangay officials in the district;

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

iv. Municipal - punong barangay and (sg) barangay members;

majority of the PRA members shall convene in session in a public place;
recall of the officials concerned shall be validly initiated through a resolution
adopted by a majority of all the PRA members concerned
b. by the Registered Voters (RV) in the province, city, municipality or barangay (LGU)
concerned - at least 25% of the total number of RV in the LGU concerned during the
election in which the local official sought to be recalled was elected;
i. written petition filed with the COMELEC in the presence of the representative of
the petitioner and a representative of the official sought to be recalled, and in a
public place of the LGU;
ii. COMELEC shall cause the publication of the petition in a public and conspicuous
place for a period of not less than 10 days nor more than 20 days
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

3. Election on Recall COMELEC shall set the date of the election on recall:
a. for barangay, city or municipal officials not later than 30 days after the filing of the
resolution or petition;
b. for provincial officials - not later than 45 days after the filing of the resolution or
petition;
4. Effectivity of Recall only 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.
Should the official sought to be recalled receive the highest number of votes,
confidence in him is thereby affirmed, and he shall continue in 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
14
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
 ELECTION LAW

I.SUFFRAGE
- right to vote in election of officers chosen by people and in the determination of
questions submitted to people. It includes:
1.election;
2.plebiscite;
3.initiative; and
4.referendum.

Election means by which people choose their officials for a definite and fixed period
and to whom they entrust for time being the exercise of powers of government.
Kinds:
1. Regular election one provided by law for election of officers either nationwide or in
certain subdivisions thereof, after expiration of full term of former members; and
2. Special election one held to fill vacancy in office before expiration of full term for
which incumbent was elected.

Failure of Elections there are only 3 instances where a failure of elections may be
declared, namely:
a. The election in any polling place has not been held on the date fixed on account
of force majeure, violence, terrorism, fraud, or other analogous causes;
b. The election in any polling place had been suspended before the hour fixed by
law for the closing of the voting on account of force majeure, violence,
terrorism, fraud, or other analogous causes; and
c. After the voting and during the preparation and transmission of the election
returns or in the custody or canvass thereof such election results in a failure to
elect on account of force majeure, violence,
terrorism, fraud or other analogous causes. (Joseph Peter Sison v. COMELEC, G.R.
No. 134096, March 3, 1999)

What is common in these three instances is the resulting failure to elect. In the
first instance, no election is held while in the second, the election is suspended.
In the third instance, circumstances attending the preparation, transmission,
custody or canvass of the election returns cause a failure to elect. The term
failure to elect means nobody emerged as a winner. (Pasandalan vs. Comelec,
G.R. No. 150312, July 18, 2002)
The causes for the declaration of a failure of election may occur before or after
the casting of votes or on the day of the election. (Sec. 4, R.A. 7166)
The COMELEC shall call for the holding or continuation of the election on a date
reasonably close to the date of the election not held, suspended, or which
resulted in a failure to elect but not later than 30 days after the cessation of the
cause of such suspension or failure to elect. (Sec. 6, B.P. 881)
In such election, the location of polling places shall be the same as that of the
preceding regular election. However, changes may be initiated by written
petition of the majority of the voters of the precinct or agreement of all the
political parties or by resolution of the Comelec after notice and hearing.
(Cawasa vs. Comelec, G.R. No. 150469, July 3, 2002)

Postponement of Elections - An election may be postponed by the COMELEC either motu

proprio or upon a verified petition by any interested party when there is violence,
terrorism, loss or destruction of election paraphernalia or records, force majeure, or other
analogous cause of such a nature that the holding of a free, orderly and honest election
becomes impossible in any political subdivision. (Sec. 5, B.P. 881)

The COMELEC shall call for the holding of the election on a date reasonably close to
the date of the election not held, suspended, or which resulted in a failure to elect
but not later than 30 days after the cessation of the cause for such postponement or
suspension of the election or failure to elect. (Sec. 5, B.P. 881)

Qualification for Suffrage:

1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at least one year;
4. Resident of place where he proposes to vote for at least 6 months; and
5. Not otherwise disqualified by law.

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

II. POLITICAL PARTY

- organized group of citizens advocating an ideology or platform, principles and policies
for the general conduct of government and which, as the most immediate means of securing
their adoption, regularly nominates and supports certain of its leaders and members as
candidate in public office. (Bayan Muna v. Comelec, GR No. 147613, June 28, 2001)

To acquire juridical personality and to entitle it to rights and privileges granted to

political parties, it must be registered with COMELEC

policies for the general conduct of government and which, as the most immediate
means of securing their adoption, regularly nominates and supports certain of its
leaders and members as candidate in public office. (Bayan Muna v. Comelec, GR No.
147613, June 28, 2001)

To acquire juridical personality and to entitle it to rights and privileges granted to

political parties, it must be registered with COMELEC.

Groups Disqualified for Registration:

1. religious denominations or sects;
2. those who seek to achieve their goals through violence or unlawful means;
3. those who refuse to uphold and adhere to Constitution; and
4. those supported by foreign governments.

Grounds for Cancellation of

Registration:

1. accepting financial contributions from foreign governments or their agencies; and

2. failure to obtain at least 10% of votes casts in constituency where party fielded
candidates.

Party System a free and open party system shall be allowed to evolve according to free
choice of people.
no votes cast in favor of political party, organization or coalition shall be valid except
for those registered under the party-list system provided in the Constitution;
political parties registered under party-list system shall be entitled to appoint poll
watchers in accordance with law; and
part-list representatives shall constitute 20% of total number of representatives in the
House.

Guidelines for screening party-list participants

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

7. not only the candidate party or organization must represent marginalized and
underrepresented sectors, so also must its nominees;
8. while lacking the a well-defined political constituency, the nominee must likewise be
able to contribute to the formation and enactment of appropriate legislation that will
benefit the nation as a whole. (Ang Bagong Bayani-OFW Labor Party, v. COMELEC, GR No.
147589, June 26, 2001).

III. DISQUALIFICATION OF
CANDIDATES:
1. declared as incompetent or insane by competent authority;
2. convicted by final judgment for subversion, insurrection, rebellion or any offense for
which he has been sentenced to a penalty of 18 months imprisonment;
3. convicted by final judgment for crime involving moral turpitude;
4. any person who is permanent resident of or immigrant to a foreign country; and
5. one who has violated provisions on:
a. campaign period;
b. removal, destruction of lawful election propaganda;
c. prohibited forms of propaganda;
d. regulation of propaganda through mass media; and
e. election offenses.

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

Nuisance Candidate
COMELEC may motu propio or upon petition of interested party, refuse to give
due course to or cancel certificate of candidacy if shown that said certificate was
filed:
1. to put election process in mockery or disrepute;
2. to cause confusion among voters by similarity of names of registered candidates;
3. by other circumstances or acts which demonstrate that a candidate has no bona fide
intention to run for office for which certificate has been filed, and thus prevent a faithful
determination of true will of electorate.

IV. FAIR ELECTIONS ACT OF 2001 (RA 9006)

Lawful election Propaganda (sec. 3):

1. Written/Printed Materials (does not exceed 8 in. width by 14 in. length)

2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.)
3 by 8 ft. allowed in announcing, at the site and on the occasion of a public
meeting or rally, may be displayed 5 days before the date of rally but shall be
removed within 24 hours after said rally.
4. Print Ads
page in broadsheets and page in tabloids thrice a week per newspaper,
magazine or other publication during the campaign period
5. Broadcast Media (i.e. TV and Radio)

NATIONAL LOCAL
POSITIONS POSITIONS

1. 120 minutes 1. 60 minutes

for TV for TV

2. 180 minutes 2. 90 minutes

for Radio for Radio

Prohibited Campaign
1. Public exhibition of movie, cinematograph or documentary portraying the life or
biography of a candidate during campaign period;
2. Public exhibition of a movie, cinematograph or documentary portrayed by an actor or
media personality who is himself a candidate;
3. Use of airtime for campaign of a media practitioner who is an official of a party or a
member of the campaign staff of a candidate or political party;

Limitation on Expenses:
1. for candidates:
President and Vice President = P10/voter;
Other candidates, if with party = P3/voter;
Other candidates, if without party = P5/voter.
2. for political parties = P5/voter

Statement of Contribution and Expenses

every candidate and treasurer of political party shall, within 30 days after day of
election, file offices of COMELEC the full, true and itemized statement of all
contribution and expenditures in connection with election.

Election Survey
The SC held that Sec. 5.4 of the Fair Election Act prohibiting publication of survey results
15 days immediately preceding a national election and 7 days before a local election
violates the constitutional rights of speech, expression, and the press because:
it imposes a prior restraint on the freedom of expression;
It is a direct and total suppression of a category of expression even though such
suppression is only for a limited period; and
the governmental interest sought to be promoted can be achieved by means other
than the suppression of freedom of expression. (Social Weather Station v. Comelec,
G.R. No. 147571 May 5, 2001)

Substituted and Substitute Candidate

 - In case of valid substitutions after the officials ballots have been printed, the votes
cast for the substituted candidates shall be considered as stray votes but shall not invalidate
the whole ballot. For this purpose, the official ballots shall provide for spaces where the
voters may write the name of the substitute candidates if they are voting for the latter:
Provided, however, That if the substitute candidate is of the same family name, this
provision shall not apply.(Sec.12)

V. PRE-PROCLAMATION
CONTROVERSY
Any question pertaining to or affecting proceedings of Board of Canvassers which may
be raised by any candidate or by a registered political party or coalition of political
parties before the board or directly with COMELEC or any matter raised under
Sections 233, 234, 235, and 236, in relation to preparation, transmission, receipt,
custody and appreciation of election returns.

Issues which may be raised in a Pre-Proclamation Controversy:

1. Illegal composition or proceedings of the board of Canvassers;
2. Canvassed election returns are incomplete, contain material defects, appears to be
tampered with or falsified; or contain discrepancies in the same returns or in other
authentic copies thereof as mentioned in Sec. 233,234,235 and 236 of BP 881;
3. Election returns were prepared under duress, threat, coercion, or intimidation, or they
are obviously manufactured or not authentic; and
4. When substitute of fraudulent returns in controverted polling places were canvassed, the
results of which materially affected the standing of the aggrieved candidate/s.

III. ELECTION CONTESTS

Nature: special summary proceeding object of which is to expedite settlement of

controversies between candidates as to who received majority of legal votes.
Purpose: to ascertain true will of people and duly elected officer, and this could be achieved
by throwing wide open the appeal before the court.

Contest: any matter involving title or claim of title to an elective office, made before or
after proclamation of winner, whether or not contestant is claiming office in dispute.
Election, Returns and qualification refers to all matters affecting validity of the contestees
title to the position.

Election conduct of the polls, including the registration of voters, holding of election
campaign, and casting and counting of votes.

Returns include the canvass of returns and proclamation of winners, together with
questions concerning composition of Board of Canvassers and authenticity of election
returns.

Qualifications matter which could be raised in a quo warranto proceedings against the
proclaimed winner, such as his disloyalty to the Republic or his ineligibility or inadequacy
of his certificate of candidacy.

Original Exclusive Jurisdiction Over Election Contests

1. President and Vice-President - Supreme Court en banc
2. Senator - Senate Electoral Tribunal
3. Representative - HR Electoral Tribunal
4. Regional/Provincial/City - COMELEC
5. Municipal - RTC
6. Barangay - MTC

Appellate Jurisdiction:
1. For decisions of RTC and MTC
appeal to COMELEC whose decision shall be final and executory;
2. For decisions of COMELEC
 petition for review on Certiorari with SC within 30 days from receipt of decision on
ground of grave abuse of discretion amounting to lack or excess of jurisdiction or
violation of due process;
3. For decisions of Electoral Tribunal
petition for review on Certiorari with SC on ground of grave abuse of discretion
amounting to lack or excess of jurisdiction or violation of due process.

Actions Which May Be Filed:

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

2. Quo warranto
- Filed by any registered voter in the constituency

Grounds:
a. ineligibility; or
b. disloyalty to Republic.
Time to file: within 10 days from proclamation of results of election.

QUO WARRANTO QUO WARRANTO

IN ELECTIVE IN APPOINTIVE
OFFICE OFFICE
1. determination is 1. determination is
eligibility of legality of
candidate-elect appointment
2. when person 2. court may
elected is determine as to
declared who among the
ineligible, court parties has legal
cannot declare 2nd title to office
placer as elected,
even if eligible

IV. ELECTION OFFENSES

Vote-Buying and Vote-Selling

(1) Any person who gives, offers or promises money or anything of value, gives or
promises any office or employment, franchise or grant, public or private, or makes or
offers to make an expenditure, directly or indirectly, or cause an expenditure to be
made to any person, association, corporation, entity, or community in order to induce
anyone or the public in general to vote for or against any candidate or withhold his
vote in the election, or to vote for or against any aspirant for the nomination or
choice of a candidate in a convention or similar selection process of a political party.
(2) Any person, association, corporation, group or community who solicits or
receives, directly or indirectly, any expenditure or promise of any office or
employment, public or private, for any of the foregoing considerations. (Sec. 261,
B.P. 881)

One of the effective ways of preventing the commission of vote-buying and of

prosecuting those committing it is the grant of immunity from criminal liability
in favor of the party (person/s) whose vote was bought. This grant of immunity
will encourage the recipient or acceptor to come into the open and denounce the
culprit-candidate, and will ensure the successful prosecution of the criminal case
against the latter. (Comelec vs. Hon. Tagle, G.R. Nos. 148948 & 148951, February
17, 2003)
 LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991 (R.A. 7160)

Effectivity: January 1, 1992

Scope of Application of Local

Government Code:
Applicable to:
1. all provinces,
2. cities,
3. municipalities,
4. barangays;
5. and other political subdivisions as may be created by law; and
6. to the extent provided in the Local Government Code:
a. to officials,
b. offices, or
c. agencies of the National Government.

Local Autonomy in its constitutional sense, to polarize LGUs from over dependence on
central government and do not make LGUs mini-republics or imperium in imperia.

Decentralization of Administration central government delegates administrative powers to

political subdivisions in order to broaden base of government power and in process make
LGUs more responsive and accountable and ensure their fullest development as self-reliant
communities and make them effective partners in the pursuit of national development and
social progress.

Decentralization of Power involves abdication of political power in favor of LGUs declared

autonomous.(Limbona v. Mengelin, 170 SCRA 786).

Devolution act by which national government confers power and authority upon various
LGUs to perform specific functions and responsibilities.[Sec.17(e), par.2, LGC].

Declaration of Policy:

1. Territorial and subdivisions of State shall enjoy genuine and meaningful local autonomy to
enable them to attain fullest development and make them more effective partners in
attaining national goals;
2. Ensure accountability of LGUs through institution of effective mechanisms of recall,
initiative and referendum; and
3. Require all national agencies and offices to conduct periodic consultations with
appropriate LGUs, NGOs and Peoples Organizations and other concerned sector of
community before any project or program is implemented in their respective
jurisdictions.

Rules on Interpretation:
1. provision on power: liberally interpreted in favor of LGU; in case of doubt, resolved in
favor of devolution of powers;
2. ordinance or revenue measure: construed strictly against LGU enacting it and liberally in
favor of tax payer;
3. tax exemptions, incentive or relief granted by LGU: construed against person claiming;
4. general welfare provisions: liberally interpreted to give more powers to LGUs in
accelerating economic development and upgrading quality of life for people in
community;
5. rights and obligations existing on date of effectivity of LGC of 1991 and arising out of
contracts or any other source of prestation involving LGU, shall be governed by original
terms and conditions of said contracts or law in force at time such rights were vested;
and
6. resolution of controversies arising under LGC of 1991 where no legal provision or
jurisprudence applies, resort may be had to customs and traditions in place where
controversies take place.
II. PUBLIC CORPORATION
- one formed and organized for the government of a portion of the State.

Elements of Public Corporation:

1. legal creation or incorporation;
2. corporate name;
3. inhabitants; and
4. territory.

Classes of Corporation:
1. Quasi-corporation public corporations created as agencies of State for narrow and
limited purposes.
2. Municipal corporation body politic and corporate constituted by incorporation of
inhabitants of city or town purposes of local government thereof or as agency of State to
assist in civil government of the country.
3. Quasi-public corporation private corporation that renders public service or supplies
public wants.

PUBLIC PRIVATE
CORPORATION CORPORATION

1. established for 1. created for private

purposes of aim, gain or benefit
administration of of members
civil and local
governments

2. creation of State 2. created by will of

either by special or incorporators with
general act recognizance of State

3. involuntary 3. voluntary
consequence agreement by and
legislation among members

III. DE FACTO MUNICIPAL

CORPORATION

Requisites:
1. valid law authorizing incorporation;
2. attempt in good faith to organize under it;
3. colorable compliance with law; and
4. assumption of corporate powers.

IV. TERRITORIAL AND POLITICAL

SUBDIVISIONS ENJOYING
LOCAL AUTONOMY:
1. Province cluster of municipalities, or municipalities and component cities, and serves
as dynamic mechanism for developmental processes and effective governance of LGUs
within its territorial jurisdiction.

2. City composed of more urbanized and developed barangays, serves as a general purpose
government for coordination and delivery of basic, regular and direct services and
effective governance of inhabitants within its territorial jurisdiction;

3. Municipality consisting of group of barangays, serves primarily as a general purpose

government for coordination and delivery of basic, regular and direct services and
effective governance of inhabitants within its territorial jurisdiction;
4. Barangay basic political unit which serves as primary planning and implementing unit of
government policies, plans, programs, projects and activities in community, and as a
forum wherein collective views of people may be expressed, crystalized and considered
and where disputes may be amicably settled;

5. Autonomous Regions created for decentralization of administration or decentralization

of government; and

6. Special metropolitan political subdivisions created for sole purpose of coordination of

delivery of basic services.

Creation of Municipal Corporations

1. For province, city or municipality, only by Act of Congress;
2. For barangays, ordinance passed by respective Sanggunian

Plebiscite Requirement approved by a majority of the votes cast in a plebiscite

called for the purpose in the political unit/s directly affected (Sec. 10, R.A. 7160)
Based on verifiable indicators of viability and projected capacity to provide
services (Sec. 7, R.A. 7160) [Note: see Annex C]

Beginning of Corporate Existence

upon election and qualification of its chief executive and majority of members of its
Sanggunian, unless some other time is fixed therefore by law or ordinance creating it.
Mode of Inquiry to Legal Existence of LGU: Quo warranto which is reserved to State or
other direct proceedings

Abolition of LGU:
When income, population, or land area of LGU has been reduced to less than minimum
standards prescribed for its creation. The law or ordinance abolishing LGU shall specify
the province, city, municipality or barangay with which LGU sought to be abolished will
be incorporated or merged.

Division and Merger of LGUs

shall comply with same requirements, provided:
1. shall not reduce income, population or land area of LGU concerned to less than the
minimum requirements prescribed;
2. income classification of original LGU shall not fall below its current income classification
prior to division;
3. Plebiscite be held in LGUs affected.
4. Assets and liabilities of creation shall be equitably distributed between the LGUs
affected and new LGU. When municipal district of other territorial divisions is converted
or fused into a municipality all property rights vested in original territorial organization
shall become vested in government of municipality.

V. POWERS OF LGUs

Classification of Powers of Local Government Units

1. Express, implied and inherent;
2. Public or governmental, private or proprietary;
3. Intramural and extramural; and
4. Mandatory and directory; ministerial and discretionary.

Governmental Powers of LGU:

1. General Welfare (Sec. 16, R.A. 7160) statutory grant of police power to LGUs. It is
limited to:
a. territoriality;
b. equal protection clause;
c. due process clause; and
d. must not be contrary to law.
2. Delivery of basic services and facilities (Sec. 17, of R.A. 7160);
3. Power to generate and apply resources (Sec. 18, of R.A. 7160);
4. Eminent Domain (Sec. 19, of R.A. 7160);
Additional Limitations for Exercise by LGU:
a. exercise by local chief executive pursuant to an ordinance;
b. for public use, purpose or welfare for benefit of poor and landless;
c. payment of just compensation; and
d. only after valid and definite offer had been made to, and not accepted by owner.
(Municipality of Paraaque v. V.M. Realty Corp., 292 SCRA 678)
5. Reclassification of Lands (Sec. 20 of RA 7160)
Limited by following percentage of total agricultural land area:
a. for HUC and independent component cities: 15%;
b. for component cities and 1st to 3rd class municipalities: 10% ; and
c. for 4th to 6th class municipalities: 5%.
6. Closure and opening of roads (Sec. 21 of RA 7160)

In case of permanent closure:

a. adequate provision for public safety must be made; and
b. may be properly used or conveyed for any purpose for which other real property may
be lawfully used or conveyed; provided no freedom park be permanently closed
without provisions or transfer to new site.
7. Local legislative power (Secs. 48-59 of RA 7160)
Approval of ordinances:
a. local chief executive with his signature on each and every page;
b. if local chief executive vetoes the same, may be overridden by 2/3 vote of all
sanggunian members;
(i) grounds for veto: ordinance is ultra vires or prejudicial to public welfare;
(ii) local chief executive may veto particular item/s of appropriation ordinance,
adoption of local development plan and public investment plan, or ordinance
directing payment of money or creating liability; and
(iii) local chief executive may veto an ordinance only once;
c. veto communicated to sanggunian within 15 days for province and 10 days for city or
municipality.

Requisites for validity:

a. must not contravene the Constitution and any statute;
b. must not be unfair or oppressive;
c. must not be partial or discriminatory;
d. must not prohibit, but may regulate trade;
e. must not be unreasonable; and
f. must be general in application and consistent with public policy.

Barangay Chairman has no veto power.

Corporate Powers of LGU:
1. to have continuous succession in its corporate name;
2. to sue and be sued;
3. to have and use a corporate seal;
4. to acquire and convey real or personal property;
5. power to enter into contracts;
Requisites of valid municipal contracts:
a. LGU has express, implied, or inherent power to enter into a particular contract;
b. Entered into by proper department, board, committee, or agent;
c. Must comply with substantive requirements;
d. Must comply with formal requirements; and
e. In case entered into by local chief executive on behalf of LGU, prior authorization
by Sanggunian concerned is needed
6. to exercise such other powers as granted to corporation, subject to limitations provided
in Local Government Code of 1991 and other laws.

VI. MUNICIPAL LIABILITY:

Rule: Local government units and their officials are not exempt from liability for death or
injury to persons or damage to property (Sec. 24, R.A. 7160)
1. Statutory provisions on liability:
 a. Art. 2189, Civil Code defective condition of roads, streets, bridges, public buildings,
and other public works;
b. Art. 2180(6th par.), Civil Code acts through a special agent;
d. Art. 34, Civil Code failure or refusal of a member of the police force to render aid
and protection in case of danger to life and property
2. for Tort depends if engaged in:
a. governmental functions not liable;
b. proprietary functions liable

3. for Violation of Law

4. for Contracts if contract is:
a. intra vires liable;
b. ultra vires not liable
Doctrine of Implied Municipal Liability a municipality may become obligated upon
an implied contract to pay the reasonable value of the benefits accepted or
appropriated by it as to which it has the general power to contract (Province of Cebu
v. IAC, 147 SCRA 447); the doctrine applies to all cases where money or other
property of a party is received under such circumstances that the general law,
independent of an express contract, implies an obligation to do justice with respect
to the same (Nachura, Reviewer in Political Law, p. 431)

VII. QUALIFICATION OF ELECTIVE

LOCAL OFFICIALS:
1. citizen of the Philippines;
2. registered voter of barangay, municipality, city, province, or district where he intends to
be elected;
3. resident therein for at least 1 year preceding election;
4. able to read and write Filipino or local language or dialect; and
5. age:
a. 23 years of age Governor, Vice Governor, Board Member, Mayor, Vice Mayor or
Member of City Council for HUCs.
b. 21 years of age Mayor or Vice Mayor of ICCs, component cities or municipalities;
c. 18 years of age members of ICC or component city or municipal council or punong
barangay or member of barangay council;
d. at least 15 but not 21 years of age candidate for sanggunian kabataan.
(Sec. 39, RA 7160)

Disqualification of Elective Local Official:

1. sentenced by final judgment for offense involving moral turpitude or punishable by 1 year
or more of imprisonment within 2 after service of sentence;
2. those removed from office due to administrative cases;
3. those convicted by final judgment for violating oath of allegiance to the Republic;
4. those with dual citizenship;
5. fugitives from justice in criminal or non-political cases here or abroad;
6. permanent resident in foreign country; and
7. insane or feeble-minded.(Sec.40, RA.7160)

VIII. MANNER OF ELECTION

1. Elected at large
a. Governor; Vice Governor;
b. City or municipal mayor; City or municipal vice-mayor;
c. Punong barangay,
d. SK chairman, elected by voters of Katipunan ng Kabataan

2. Elected by District
a. regular members of Sanggunian
b. ex-officio members of Sanggunian
(i.) panlalawigan
president of leagues of sanggunian members of component cities and
municipalities; and
president of liga ng mga barangay and pederasyon ng mga sanggunian
kabataan
(ii.) panlunsod
president of liga ng mga barangay and the pederasyon ng mga SB
 (iii.) bayan
president of liga ng mga barangay and the pederasyon ng mga sanggunian
kabataan

3. Sectoral representatives women, worker, urban poor, and other sectors allowed by law.

Date of Election: Every 3 years on 2nd Monday of May, unless otherwise provided by law.

Term of Office: 3 years starting from noon of June 30 next following the election or such
date as may be provided by law, except that of elective barangay officials, for maximum
of 3 consecutive terms in same position.
Consecutive: After three consecutive terms, an elective local official cannot seek
immediate reelection for a fourth term. The prohibited election refers to the next
regular election for the same office following the end of the third consecutive term.
Any other subsequent election, like a recall election is no longer covered by the
prohibition (Socrates vs. Comelec, G.R. No. 154512, November 12, 2002).

IX. GROUNDS FOR DISCIPLINARY

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

3. dishonesty, oppression, misconduct in office, gross negligence or dereliction of duty;

4. commission of offense involving moral turpitude or offense punishable by at least prision
mayor;
5. abuse of authority;
6. unauthorized absence for 15 consecutive working days except sanggunian members;
7. application for, acquisition of , foreign citizenship or residence or status of an immigrant
of another country; and
8. such other grounds as may be provided in EC and other laws

Under Sec. 60 of RA 7160 an elective local official may be removed from office on
the grounds enumerated above by order of the proper court only (Salalima vs
Guingona, 257 SCRA 55)