1

ADMINISTRATIVE LAW i. the legislature itself requires it and

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

A. Quasi-Legislative or Rule- Doctrine of Subordinate Legislation power

Making Power of administrative agency to promulgate rules
In exercise of delegated legislative power, and regulations on matters of their own
involving no discretion as to what law specialization.
shall be, but merely authority to fix details
in execution or enforcement of a policy Doctrine of Legislative Approval by Re-
set out in law itself. enactment - the rules and regulations
Kinds: promulgated by the proper administrative
1. Legislative regulation agency implementing the law are deemed
a. Supplementary or detailed confirmed and approved by the Legislature
legislation, e.g. Rules and when said law was re-enacted by later
Regulations Implementing the legislation or through codification. The
Labor Code; Legislature is presumed to have full
b. Contingent regulation knowledge of the contents of the regulations
2. Interpretative legislation, e.g. BIR then at the time of re-enactment.
Circulars
Quasi- Quasi-
Requisites for valid exercise: Legislative Judicial
1. Issued under authority of law; Functions Functions

1. consists of 1. refers to its

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

I.Public Office 1. may refer to endowments, qualities or

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

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
4. Under color of an election or an appointment by or DE FACTO INTRUDER
pursuant to a public, unconstitutional law, before OFFICER
the same is adjudged to be such.

Note: Here, what is unconstitutional is not the act creating 1. officer under 1. one who
the office, but the act by which the officer is appointed to an any of the 4 takes
office legally existing. (Norton v. County of Shelby) circumstanc possession
es of an office
Requisites: mentioned and
1. valid existing office; undertakes
2. actual physical possession of said office; to act
3. color of title to office; officially
4. by reputation or acquiescence; without any
5. known or valid appointment or election authority,
but officer failed to conform with legal either actual
requirements; or apparent
6. known appointment or election but void
because of ineligibility of officer or want of
authority of appointing or electing 2. has color of 2. has neither
authority or irregularity in appointment or right or title lawful title
election not known to public; and to office nor color of
7. known appointment or election pursuant right or title
to unconstitutional law before declaration to office
of unconstitutionality.

De Jure De Facto 3. acts are 3. acts are

Officer Officer valid as to absolutely
the public void and can
1. rests on the 1. on reputation until such be
right time as his impeached
title to the in any
2. has lawful or 2. has office is proceeding
title to the possession adjudged at any time
office and insufficient unless and
performs the until he
duties under continues to
color of right act for so
without long a time
being as to afford a
technically presumption
qualified in of his right to
all points of act
law to act
4. entitled to 4. not entitled
3. cannot be 3. may be compensatio to
removed in ousted in a n for compensatio
a direct direct services n
proceeding proceeding rendered
against him.

Legal Effects of 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
- 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
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)
7
MEMORY AID IN POLITICAL LAW
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
relations: 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;
b. Midnight made by the President
before his term expires, whether or
not this is confirmed by the
Commission on Appointments.

Commission written evidence of

appointment. Regular Ad interim
appointment appointment
Designation imposition of additional Made during Made during
duties, usually by law, on a person the the recess
already in public office. legislative
session
Classification of Appointments: Made only Made
1. Permanent extended to person after the before such
possessing requisite qualification for nomination confirmation
the position and thus enjoys security is confirmed
of tenure; by the
2. Temporary acting appointment, Commission
given to a non-civil service eligible is on
without a definite tenure and is Appointment
dependent upon the pleasure of the s (CA)
appointing power; Once Shall cease
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
confirmed by to be valid if
the CA disapproved
continues by the CA or
until t he end upon
of the term next
of the adjournment
appointee
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
8
MEMORY AID IN POLITICAL LAW
2. Discretionary imposed by law wherein
officer has right to decide how and when
duty shall be performed, mandamus will
the 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:
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;

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
3. he negligently or carelessly oversees conduct an
business of office as to furnish unhampered
subordinate an opportunity for default; investigation
4. he directed or authorized or cooperated in .
the wrong; or
5. law expressly makes him liable. 2. no 2. If
compensatio exonerated,
Under the Revised Admin. Code of 1987, n due for the he should be
A Superior Officer shall be liable for acts period of reinstated
of subordinate officers only if he has suspension with full pay
actually authorized be written order the even if found for the
specific act or misconduct complained. innocent of period of
Subordinate officers are also liable for the charges. suspension.
willful or negligent acts even if he acted
under orders if such acts are contrary to Rules on Preventive Suspension:
law, morals, public policy and good
customs 1. Appointive Officials
Not a Presidential Appointee (Secs. 41-42,
Preventive Suspension P.D. 807):
- a precautionary measure so that an a. by whom the proper disciplining
employee who is formally charged of an authority may preventively suspend;
offense may be separated from the scene of b. against whom any subordinate
his alleged misfeasance while the same is officer or employee under such
being investigated (Bautista v. Peralta, 18 authority;
SCRA 223) c. when pending an investigation;
d. grounds if the charge against such
- need not be preceded by prior notice officer or employee involves:
and hearing since it is not a penalty but only i. dishonesty;
a preliminary step in an administrative ii. oppression or grave misconduct;
investigation (Lastimosa v. Vasquez, 243 iii. neglect in the performance of duty;
SCRA 497) or
iv. if there are reasons to believe that
- the period of preventive suspension respondent is guilty of the charges
cannot be deducted from whatever penalty which would warrant his removal
may be imposed upon the erring officer (CSC from the service
Resolution No. 90-1066) e. duration the administrative
investigation must be terminated
within 90 days; otherwise, the
PENDING PENDING respondent shall be automatically
INVESTIGATIO APPEAL reinstated unless the delay in the
N [Sec.27(4), E.O. disposition of the case is due to the
[Sec.51, 292] fault, negligence or petition of the
E.O.292] respondent, in which case the period
of delay shall not be counted in
1. not a penalty 1. Punitive in computing the period of suspension.
but only a character
means of A Presidential Appointee:
enabling the a. can only be investigated and removed
disciplinary from office after due notice and
authority to hearing by the President of the
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law 10
MEMORY AID IN POLITICAL LAW
Philippines under the principle that ii. several administrative cases not
the power to remove is inherent in the more than 90 days within a single
power to appoint as can be implied year on the same ground or
from Sec. 5, R.A.2260 (Villaluz v. grounds existing and known at the
Zaldivar, 15 SCRA 710). time of the first suspension
b. the Presidential Commission Against - Section 24 of the Ombudsman Act
Graft and Corruption (PCAGC) shall (R.A. 6770) expressly provide that the
have the power to investigate preventive suspension shall continue
administrative complaints against until the case is terminated by the
presidential appointees in the Office of the Ombudsman but not
executive department of the more than 6 months without pay. The
government, including GOCCs preventive suspension for 6 months
charged with graft and corruption without pay is thus according to law
involving one or a combination of the (Lastimosa v. Vasquez, 243 SCRA
following criteria: 497)
i. presidential appointees with the - R.A. 3019 makes it mandatory for the
rank equivalent to or higher than Sandiganbayan to suspend, for a
an Assistant Regional Director; maximum period of 90 days unless the
ii. amount involved is at least P10M; case is decided within a shorter period,
iii. those which threaten grievous any public officer against whom a valid
harm or injury to the national information is filed charging violation of:
interest; and 1. R.A. 3019;
iv. those which may be assigned to it 2. Book II, Title 7, Revised Penal Code;
by the President (E.O. No. 151 and or
151-A). 3. offense involving fraud upon
2. Elective Officials: (Sec 63, R.A. 7160) government or public funds or property
a. by whom against whom (Cruz, The Law of Public Officers, pp.
i. President elective official of a 86-87)
province, a highly urbanized or an
independent component city; VII. Rights of Public Officers:
ii. Governor elective official of a
component city or municipality; 1. Right to Office just and legal claim to
iii. Mayor elective official of a exercise powers and responsibilities of
barangay the public office.
b. when at any time after the issues are Term period during which officer
joined; may claim to hold office as a right.
c. grounds: Tenure period during which
i. reasonable ground to believe that officer actually holds office.
the respondent has committed the
act or acts complained of; 2. Right to Salary
ii. evidence of culpability is strong; Basis: legal title to office and the fact
iii. gravity of the offense so warrants; the law attaches compensation to the
iv. continuance in office of the office.
respondent could influence the Salary compensation provided to be
witnesses or pose a threat to the paid to public officer for his
safety and integrity of the records services.
and other evidence Preventive Suspension public officer
d. duration: not entitled during the period of
i. single administrative case not to preventive suspension, but upon
extend beyond 60 days; exoneration and reinstatement he

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
must be paid full salaries
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
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
11
MEMORY AID IN POLITICAL LAW
and 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)
 San Beda College of Law 12
MEMORY AID IN POLITICAL LAW
3. If law is silent and public officer is elected,
tender to officer authorized by law to call
VIII. Modes of Termination election to fill vacancy:
Official Relationship: a. President and Vice-President -
(tr3a3p difc2it) Congress
1. expiration of term or tenure; b. Members of Congress - respective
2. reaching the age limit; Chambers
3. resignation; e. Governors, Vice Governors, Mayors
4. recall; and Vice Mayors of HUCs and
5. removal; independent component cities -
6. abandonment; President.
7. acceptance of incompatible office; f. Municipal Mayors and Vice
8. abolition of office; Mayors/City Mayors and Vice Mayors
9. prescription of right to office (within one of component cities - Provincial
year after the cause of ouster or the right Governor;
to hold such office or position arose); g. Sanggunian Members Sanggunian
10. impeachment; concerned; and
11. death; h. Elective Barangay Officials
12. failure to assume elective office within 6 Municipal or City Mayors
months from proclamation;
13. conviction of a crime; and Recall - termination of official relationship
14. filing of certificate of candidacy. for loss of confidence prior to expiration of
his term through the will of the people.
When public officer holds office at
pleasure of appointing power, his Limitations on Recall:
replacement amounts to expiration of his 1. any elective official may be subject of a
term, not removal.(Alajar vs Alba, 100 Phil recall election only once during his term of
683) office for loss of confidence; and
2. no recall shall take place within one year
Principle of Hold-Over if no express or from date of the officials assumption to
implied Constitutional or statutory provision to office or one year immediately preceding
the contrary, public officer is entitled to hold a regular local election.
office until successor has been chosen and
shall have qualified. Procedure for Recall (Secs. 70-72, R.A.
Purpose: to prevent hiatus in public office. 7160)
(But subject to Art. 237 of RPC) 1. Initiation of the Recall Process:
a. by a Preparatory Recall Assembly
Retirement: (PRA) composed of:
Members of Judiciary : 70 years of age i. Provincial mayors, vice mayors
Other government officers and employees and sanggunian (sg) members of
: 65 years of age the municipalities and component
Optional retirement age: after rendition of cities;
minimum number of years of service. ii. City punong barangay and (sg)
barangay members;
Accepting Authority for Resignation: iii. Legislative District:
1. to competent authority provided by law; iiia. SG Panlalawigan municipal
2. If law is silent and public officer is officials in the district;
appointed, tender to appointing officer; 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 3. Election on Recall COMELEC shall set
(LGU) concerned - at least 25% of the the date of the election on recall:
total number of RV in the LGU a. for barangay, city or municipal officials
concerned during the election in which not later than 30 days after the filing
the local official sought to be recalled of the resolution or petition;
was elected; b. for provincial officials - not later than
i. written petition filed with the 45 days after the filing of the resolution
COMELEC in the presence of the or petition;
representative of the petitioner and 4. Effectivity of Recall only upon the
a representative of the official election and proclamation of a successor
sought to be recalled, and in a in the person of the candidate receiving
public place of the LGU; the highest number of votes cast during
ii. COMELEC shall cause the the election on recall.
publication of the petition in a Should the official sought to be
public and conspicuous place for a recalled receive the highest number of
period of not less than 10 days nor votes, confidence in him is thereby
more than 20 days affirmed, and he shall continue in
iii. upon lapse of the said period, office.
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 analogous causes.

- right to vote in election of officers (Joseph Peter Sison v. COMELEC, G.R. No.
134096, March 3, 1999)
chosen by people and in the
determination of questions submitted to
What is common in these
people. It includes:
1. election; three instances is the
2. plebiscite; resulting failure to elect. In
3. initiative; and the first instance, no election
4. referendum. is held while in the second,
the election is suspended. In
Election means by which people choose the third instance,
their officials for a definite and fixed circumstances attending the
period and to whom they entrust for time preparation, transmission,
being the exercise of powers of custody or canvass of the
government. election returns cause a
Kinds:
failure to elect. The term
1. Regular election one provided by
failure to elect means nobody
law for election of officers either
nationwide or in certain subdivisions emerged as a winner.
thereof, after expiration of full term of (Pasandalan vs. Comelec,
former members; and G.R. No. 150312, July 18,
2. Special election one held to fill 2002)
vacancy in office before expiration of The causes for the
full term for which incumbent was declaration of a failure of
elected. election may occur before or
after the casting of votes or
Failure of Elections there are only 3 on the day of the election.
instances where a failure of elections may
(Sec. 4, R.A. 7166)
be declared, namely:
a. The election in any polling place has not been The COMELEC shall call for
held on the date fixed on account of force the holding or continuation of
majeure, violence, terrorism, fraud, or other the election on a date
analogous causes;
b. The election in any polling place had been reasonably close to the date
suspended before the hour fixed by law for the of the election not held,
closing of the voting on account of force suspended, or which resulted
majeure, violence, terrorism, fraud, or other
analogous causes; and
in a failure to elect but not
c. After the voting and during the preparation later than 30 days after the
and transmission of the election returns or in cessation of the cause of
the custody or canvass thereof such election such suspension or failure to
results in a failure to elect on account of force
majeure, violence, elect. (Sec. 6, B.P. 881)
In such election, the location
of polling places shall be the
POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law 15
MEMORY AID IN POLITICAL LAW
same as that of the preceding 2. person adjudged by final judgment of
regular election. However, having committed any crime involving
changes may be initiated by disloyalty to government or any crime
written petition of the majority against national security; but right is
of the voters of the precinct reacquired upon expiration of 5 years
after service of sentence; and
or agreement of all the
3. insane or incompetent persons as
political parties or by declared by competent authority (Sec.
resolution of the Comelec 118, OEC).
after notice and hearing.
(Cawasa vs. Comelec, G.R. II. Political Party
No. 150469, July 3, 2002) - organized group of citizens advocating
an ideology or platform, principles and
Postponement of Elections - An election may be policies for the general conduct of
postponed by the COMELEC either motu proprio or
upon a verified petition by any interested party when government and which, as the most
there is violence, terrorism, loss or destruction of immediate means of securing their adoption,
election paraphernalia or records, force majeure, or regularly nominates and supports certain of
other analogous cause of such a nature that the holding its leaders and members as candidate in
of a free, orderly and honest election becomes public office. (Bayan Muna v. Comelec, GR
impossible in any political subdivision. (Sec. 5, B.P.
881) No. 147613, June 28, 2001)

The COMELEC shall call for the To acquire juridical personality and to
holding of the election on a date entitle it to rights and privileges
reasonably close to the date of granted to political parties, it must be
registered with COMELEC
the election not held,
suspended, or which resulted in policies for the general conduct of
a failure to elect but not later government and which, as the most
than 30 days after the cessation immediate means of securing their
of the cause for such adoption, regularly nominates and
postponement or suspension of supports certain of its leaders and
the election or failure to elect. members as candidate in public office.
(Sec. 5, B.P. 881) (Bayan Muna v. Comelec, GR No.
147613, June 28, 2001)
Qualification for Suffrage:
1. Filipino citizen; To acquire juridical personality and to
2. At least 18 years of age; entitle it to rights and privileges
3. Resident of the Philippines for at least granted to political parties, it must be
one year; registered with COMELEC.
4. Resident of place where he proposes to
vote for at least 6 months; and Groups Disqualified for Registration:
5. Not otherwise disqualified by law. 1. religious denominations or sects;
2. those who seek to achieve their goals
Disqualification: through violence or unlawful means;
1. person convicted by final judgment to 3. those who refuse to uphold and adhere to
suffer imprisonment for not less than 1 Constitution; and
year, unless pardoned or granted 4. those supported by foreign governments.
amnesty; but right reacquired upon
expiration of 5 years after service of Grounds for Cancellation of
sentence; Registration:
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
4. A party or an organization must not be
1. accepting financial contributions from disqualified under Sec. 6, RA 7941 as
foreign governments or their agencies; follows:
and a. it is a religious sect or denomination,
2. failure to obtain at least 10% of votes organization or association organized
casts in constituency where party fielded for religious purposes;
candidates. 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
Party System a free and open party system government, foreign political party,
shall be allowed to evolve according to free foundation, organization, whether
choice of people. directly or through any of its officers or
no votes cast in favor of political party, members or indirectly through third
organization or coalition shall be valid parties for partisan election purposes;
except for those registered under the e. it violates or fails to comply with laws,
party-list system provided in the rules or regulation relating to elections;
Constitution; f. it declares untruthful statements in its
political parties registered under party- petition;
list system shall be entitled to appoint g. it has ceased to exist for at least one
poll watchers in accordance with law; (1) year; or
and h. it fails to participate in the last two (2)
part-list representatives shall preceding elections or fails to obtain at
constitute 20% of total number of least two per centum (2%) of the votes
representatives in the House. cast under the party-list system in two
(2) preceding elections for the
Guidelines for screening party-list constituency in which it has registered.
participants 5. the party or organization must not be an
1. The political party, sector, organization or adjunct of, or a project organized or an
coalition must represent the marginalized entity funded or assisted by, the
and underrepresented groups identified in government.
Sec. 5 of RA 7941. Majority of its 6. the party, including its nominees must
member-ship should belong to the comply with the qualification requirements
marginalized and underrepresented; of section 9, RA 7941 as follows: No
2. While even major political parties are person shall be nominated as party-list
expressly allowed by RA 7941 and the representative unless he is: (a) natural-
Constitution, they must comply with the born citizen of the Philippines; (b) a
declared statutory policy of Filipino registered voter; (c) a resident of the
citizens belonging to marginalized and Philippines for a period of not less than
under-represented sectors to be elected one year immediately preceding the day
to the House of Representatives. Thus, of the election; (d) able to read and write;
they must show that they represent the (e) a bona fide member of the party or
interest of the marginalized and organization which he seeks to represent
underrepresented. for at least 90 days preceding the day of
3. That religious sector may not be the election; and (f) at least 25 years of
represented in the party-list system; age on the day of the election. In case of
except that priests, imam or pastors may a nominee of the youth sector, he must at
be elected should they represent not their least be twenty five (25) but not more than
religious sect but the indigenous thirty (30) years of age on the day of the
community sector; election. Any youth sectoral

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
representative who attains the age of Nuisance Candidate
thirty (30) during his term shall be allowed COMELEC may motu propio or
to continue in office until the expiration of upon petition of interested party,
his terms; refuse to give due course to or
cancel certificate of candidacy if
shown that said certificate was
7. not only the candidate party or filed:
organization must represent marginalized 1. to put election process in mockery or
and underrepresented sectors, so also disrepute;
must its nominees; 2. to cause confusion among voters by
8. while lacking the a well-defined political similarity of names of registered
constituency, the nominee must likewise candidates;
be able to contribute to the formation and 3. by other circumstances or acts which
enactment of appropriate legislation that demonstrate that a candidate has no bona
will benefit the nation as a whole. (Ang fide intention to run for office for which
Bagong Bayani-OFW Labor Party, v. certificate has been filed, and thus prevent
COMELEC, GR No. 147589, June 26, a faithful determination of true will of
2001). electorate.

III. Disqualification of iv. FAIR ELECTIONS ACT OF 2001 (RA

Candidates: 9006)
1. declared as incompetent or insane by
competent authority; Lawful election Propaganda (sec. 3):
2. convicted by final judgment for
subversion, insurrection, rebellion or any 1. Written/Printed Materials (does not
offense for which he has been sentenced exceed 8 in. width by 14 in. length)
to a penalty of 18 months imprisonment; 2. Handwritten/printed letters
3. convicted by final judgment for crime 3. Posters (not exceeding 2 x 3 ft.)
involving moral turpitude; 3 by 8 ft. allowed in announcing, at
4. any person who is permanent resident of the site and on the occasion of a
or immigrant to a foreign country; and public meeting or rally, may be
5. one who has violated provisions on: displayed 5 days before the date of
a. campaign period; rally but shall be removed within 24
b. removal, destruction of lawful election hours after said rally.
propaganda; 4. Print Ads
c. prohibited forms of propaganda; page in broadsheets and
d. regulation of propaganda through page in tabloids thrice a week per
mass media; and newspaper, magazine or other
e. election offenses. publication during the campaign
period
- When a candidate has not yet been 5. Broadcast Media (i.e. TV and Radio)
disqualified by final judgment during the
election day and was voted for, the votes National Local
cast in his favor cannot be declared stray. Positions Positions
To do so would amount to
disenfranchising the electorate in whom 1. 120 1. 60
sovereignty resides. (Codilla vs. Hon. minutes minutes
Jose De Venecia, G.R. No. 150605, for TV for TV
December 10, 2002)
2. 180 2. 90
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
minutes minutes the governmental interest sought to be
for Radio for Radio promoted can be achieved by means
other than the suppression of freedom
Prohibited Campaign of expression. (Social Weather Station
1. Public exhibition of movie, cinematograph v. Comelec, G.R. No. 147571 May 5,
or documentary portraying the life or 2001)
biography of a candidate during campaign
period; Substituted and Substitute Candidate
2. Public exhibition of a movie, - in case of valid substitutions after the
cinematograph or documentary portrayed officials ballots have been printed, the votes
by an actor or media personality who is cast for the substituted candidates shall be
himself a candidate; considered as stray votes but shall not
3. Use of airtime for campaign of a media invalidate the whole ballot. For this purpose,
practitioner who is an official of a party or the official ballots shall provide for spaces
a member of the campaign staff of a where the voters may write the name of the
candidate or political party; substitute candidates if they are voting for the
latter: Provided, however, That if the
Limitation on Expenses: substitute candidate is of the same family
1. for candidates: name, this provision shall not apply.(Sec.12)
President and Vice President =
P10/voter; V. Pre-Proclamation
Other candidates, if with party = Controversy
P3/voter; Any question pertaining to or affecting
Other candidates, if without party = proceedings of Board of Canvassers
P5/voter. which may be raised by any candidate
2. for political parties = P5/voter or by a registered political party or
coalition of political parties before the
Statement of Contribution and Expenses board or directly with COMELEC or
every candidate and treasurer of political any matter raised under Sections 233,
party shall, within 30 days after day of 234, 235, and 236, in relation to
election, file offices of COMELEC the full, preparation, transmission, receipt,
true and itemized statement of all custody and appreciation of election
contribution and expenditures in returns.
connection with 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 the
Election Act prohibiting publication of board of Canvassers;
survey results 15 days immediately 2. Canvassed election returns are
preceding a national election and 7 days incomplete, contain material defects,
before a local election violates the appears to be tampered with or falsified;
constitutional rights of speech, or contain discrepancies in the same
expression, and the press because: returns or in other authentic copies
it imposes a prior restraint on the thereof as mentioned in Sec. 233,234,235
freedom of expression; and 236 of BP 881;
It is a direct and total suppression of a 3. Election returns were prepared under
category of expression even though duress, threat, coercion, or intimidation, or
such suppression is only for a limited they are obviously manufactured or not
period; and authentic; and

POLITICAL LAW COMMITTEE

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law 19
MEMORY AID IN POLITICAL LAW
4. When substitute of fraudulent returns in 3. Representative - HR Electoral Tribunal
controverted polling places were 4. Regional/Provincial/City - COMELEC
canvassed, the results of which materially 5. Municipal - RTC
affected the standing of the aggrieved 6. Barangay - MTC
candidate/s.
Appellate Jurisdiction:
1. For decisions of RTC and MTC
appeal to COMELEC whose decision
III. ELECTION CONTESTS shall be final and executory;
2. For decisions of COMELEC
Nature: special summary proceeding object petition for review on Certiorari with
of which is to expedite settlement of SC within 30 days from receipt of
controversies between candidates as to who decision on ground of grave abuse of
received majority of legal votes. discretion amounting to lack or excess
Purpose: to ascertain true will of people and of jurisdiction or violation of due
duly elected officer, and this could be process;
achieved by throwing wide open the appeal 3. For decisions of Electoral Tribunal
before the court. petition for review on Certiorari with
SC on ground of grave abuse of
Contest: any matter involving title or claim of discretion amounting to lack or excess
title to an elective office, made before or after of jurisdiction or violation of due
proclamation of winner, whether or not process.
contestant is claiming office in dispute.
Election, Returns and qualification refers to Actions Which May Be Filed:
all matters affecting validity of the contestees 1. Election Protest
title to the position. - May be filed by any candidate who has
filed a certificate of candidacy and has
Election conduct of the polls, including been voted upon for the same officer;
the registration of voters, holding of Grounds:
election campaign, and casting and a. fraud;
counting of votes. b. terrorism;
c. irregularities; or
Returns include the canvass of returns d. illegal acts
and proclamation of winners, together committed before, during, or after
with questions concerning composition of casting and counting of votes
Board of Canvassers and authenticity of Time to file: within 10 days from
election returns. proclamation of results of election.

Qualifications matter which could be 2. Quo warranto

raised in a quo warranto proceedings - Filed by any registered voter in the
against the proclaimed winner, such as constituency
his disloyalty to the Republic or his
ineligibility or inadequacy of his certificate Grounds:
of candidacy. a. ineligibility; or
b. disloyalty to Republic.
Original Exclusive Jurisdiction Over Election Time to file: within 10 days from
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
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
Office Office candidate or withhold his vote in the election, or to
vote for or against any aspirant for the nomination
1. determination 1. determinatio
or choice of a candidate in a convention or similar
is eligibility of n is legality selection process of a political party.
candidate- of (2) Any person, association, corporation, group or
elect appointment community who solicits or receives, directly or
2. when person 2. court may indirectly, any expenditure or promise of any office
or employment, public or private, for any of the
elected is determine as
foregoing considerations. (Sec. 261, B.P. 881)
declared to who
ineligible, among the
court cannot parties has One of the effective ways of
declare 2nd legal title to preventing the commission of vote-
placer as office buying and of prosecuting those
elected, even committing it is the grant of
if eligible immunity from criminal liability in
favor of the party (person/s) whose
IV. ELECTION OFFENSES vote was bought. This grant of
immunity will encourage the
Vote-Buying and Vote-Selling recipient or acceptor to come into
(1) Any person who gives, offers or promises the open and denounce the culprit-
money or anything of value, gives or promises any
office or employment, franchise or grant, public or
candidate, and will ensure the
private, or makes or offers to make an expenditure, successful prosecution of the
directly or indirectly, or cause an expenditure to be criminal case against the latter.
made to any person, association, corporation, (Comelec vs. Hon. Tagle, G.R.
entity, or community in order to induce anyone or Nos. 148948 & 148951, February
the public in general to vote for or against any
17, 2003)

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 (R.A. upon various LGUs to perform specific
7160) functions and responsibilities.[Sec.17(e),
par.2, LGC].
Effectivity: January 1, 1992

Scope of Application of Local

Government Code: Declaration of Policy:
Applicable to:
1. all provinces, 1. Territorial and subdivisions of State shall
2. cities, enjoy genuine and meaningful local
3. municipalities, autonomy to enable them to attain fullest
4. barangays; development and make them more
5. and other political subdivisions as may effective partners in attaining national
be created by law; and goals;
6. to the extent provided in the Local 2. Ensure accountability of LGUs through
Government Code: institution of effective mechanisms of
a. to officials, recall, initiative and referendum; and
b. offices, or 3. Require all national agencies and offices
c. agencies of the National to conduct periodic consultations with
Government. appropriate LGUs, NGOs and Peoples
Organizations and other concerned sector
Local Autonomy in its constitutional sense, of community before any project or
to polarize LGUs from over dependence on program is implemented in their
central government and do not make LGUs respective jurisdictions.
mini-republics or imperium in imperia.
Rules on Interpretation:
Decentralization of Administration central 1. provision on power: liberally interpreted in
government delegates administrative powers favor of LGU; in case of doubt, resolved
to political subdivisions in order to broaden in favor of devolution of powers;
base of government power and in process 2. ordinance or revenue measure: construed
make LGUs more responsive and strictly against LGU enacting it and
accountable and ensure their fullest liberally in favor of tax payer;
development as self-reliant communities and 3. tax exemptions, incentive or relief granted
make them effective partners in the pursuit of by LGU: construed against person
national development and social progress. claiming;
4. general welfare provisions: liberally
Decentralization of Power involves interpreted to give more powers to LGUs
abdication of political power in favor of LGUs in accelerating economic development
declared autonomous.(Limbona v. Mengelin, and upgrading quality of life for people in
170 SCRA 786). community;
5. rights and obligations existing on date of
Devolution act by which national effectivity of LGC of 1991 and arising out
government confers power and authority of contracts or any other source of

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
prestation involving LGU, shall be consequence agreement by
governed by original terms and conditions legislation and among
of said contracts or law in force at time members
such rights were vested; and
6. resolution of controversies arising under III. De Facto Municipal
LGC of 1991 where no legal provision or Corporation
jurisprudence applies, resort may be had
to customs and traditions in place where Requisites:
controversies take place. 1. valid law authorizing incorporation;
II. Public Corporation 2. attempt in good faith to organize under it;
- one formed and organized for the 3. colorable compliance with law; and
government of a portion of the State. 4. assumption of corporate powers.

Elements of Public Corporation:

1. legal creation or incorporation;
2. corporate name;
3. inhabitants; and IV. Territorial and Political
4. territory. Subdivisions enjoying
Local Autonomy:
Classes of Corporation: 1. Province cluster of municipalities, or
1. Quasi-corporation public corporations municipalities and component cities, and
created as agencies of State for narrow serves as dynamic mechanism for
and limited purposes. developmental processes and effective
2. Municipal corporation body politic and governance of LGUs within its territorial
corporate constituted by incorporation of jurisdiction.
inhabitants of city or town purposes of
local government thereof or as agency of 2. City composed of more urbanized and
State to assist in civil government of the developed barangays, serves as a
country. general purpose government for
3. Quasi-public corporation private coordination and delivery of basic, regular
corporation that renders public service or and direct services and effective
supplies public wants. governance of inhabitants within its
territorial jurisdiction;
Public Private
Corporation Corporation 3. Municipality consisting of group of
barangays, serves primarily as a general
1. established 1. created for purpose government for coordination and
for purposes of private aim, gain delivery of basic, regular and direct
administration or benefit of services and effective governance of
of civil and local members inhabitants within its territorial jurisdiction;
governments
4. Barangay basic political unit which
serves as primary planning and
2. creation of 2. created by implementing unit of government policies,
State either by will of plans, programs, projects and activities in
special or incorporators community, and as a forum wherein
general act with collective views of people may be
recognizance of expressed, crystalized and considered
State and where disputes may be amicably
3. involuntary 3. voluntary settled;
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
shall comply with same requirements,
5. Autonomous Regions created for provided:
decentralization of administration or 1. shall not reduce income, population or
decentralization of government; and land area of LGU concerned to less than
the minimum requirements prescribed;
6. Special metropolitan political subdivisions 2. income classification of original LGU shall
created for sole purpose of coordination not fall below its current income
of delivery of basic services. classification prior to division;
3. Plebiscite be held in LGUs affected.
Creation of Municipal Corporations 4. Assets and liabilities of creation shall be
1. For province, city or municipality, only by equitably distributed between the LGUs
Act of Congress; affected and new LGU. When municipal
2. For barangays, ordinance passed by district of other territorial divisions is
respective Sanggunian converted or fused into a municipality all
property rights vested in original territorial
organization shall become vested in
government of municipality.

Plebiscite Requirement approved V. POWERS OF LGUs

by a majority of the votes cast in a
plebiscite called for the purpose in Classification of Powers of Local Government
the political unit/s directly affected Units
(Sec. 10, R.A. 7160) 1. Express, implied and inherent;
Based on verifiable indicators of 2. Public or governmental, private or
viability and projected capacity to proprietary;
provide services (Sec. 7, R.A. 3. Intramural and extramural; and
7160) [Note: see Annex C] 4. Mandatory and directory; ministerial and
discretionary.
Beginning of Corporate Existence
upon election and qualification of its Governmental Powers of LGU:
chief executive and majority of 1. General Welfare (Sec. 16, R.A. 7160)
members of its Sanggunian, unless statutory grant of police power to LGUs.
some other time is fixed therefore by It is limited to:
law or ordinance creating it. a. territoriality;
Mode of Inquiry to Legal Existence of b. equal protection clause;
LGU: Quo warranto which is reserved c. due process clause; and
to State or other direct proceedings d. must not be contrary to law.
2. Delivery of basic services and facilities
Abolition of LGU: (Sec. 17, of R.A. 7160);
When income, population, or land area of 3. Power to generate and apply resources
LGU has been reduced to less than (Sec. 18, of R.A. 7160);
minimum standards prescribed for its 4. Eminent Domain (Sec. 19, of R.A.
creation. The law or ordinance abolishing 7160);
LGU shall specify the province, city, Additional Limitations for Exercise by
municipality or barangay with which LGU LGU:
sought to be abolished will be a. exercise by local chief executive
incorporated or merged. pursuant to an ordinance;
b. for public use, purpose or welfare for
Division and Merger of LGUs benefit of poor and landless;
c. payment of just compensation; and

POLITICAL LAW COMMITTEE

CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
 San Beda College of Law
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
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.
24
MEMORY AID IN POLITICAL LAW
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
of 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,

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
public buildings, and other public c. 18 years of age members of ICC or
works; component city or municipal council or
b. Art. 2180(6th par.), Civil Code acts punong barangay or member of
through a special agent; barangay council;
d. Art. 34, Civil Code failure or refusal d. at least 15 but not 21 years of age
of a member of the police force to candidate for sanggunian kabataan.
render aid and protection in case of (Sec. 39, RA 7160)
danger to life and property
2. for Tort depends if engaged in: Disqualification of Elective Local Official:
a. governmental functions not liable; 1. sentenced by final judgment for offense
b. proprietary functions liable involving moral turpitude or punishable by
1 year or more of imprisonment within 2
3. for Violation of Law after service of sentence;
4. for Contracts if contract is: 2. those removed from office due to
a. intra vires liable; administrative cases;
b. ultra vires not liable 3. those convicted by final judgment for
Doctrine of Implied Municipal Liability violating oath of allegiance to the
a municipality may become Republic;
obligated upon an implied contract to 4. those with dual citizenship;
pay the reasonable value of the 5. fugitives from justice in criminal or non-
benefits accepted or appropriated by it political cases here or abroad;
as to which it has the general power to 6. permanent resident in foreign country;
contract (Province of Cebu v. IAC, 147 and
SCRA 447); the doctrine applies to all 7. insane or feeble-minded.(Sec.40,
cases where money or other property RA.7160)
of a party is received under such
circumstances that the general law, VIIi. Manner of Election
independent of an express contract, 1. Elected at large
implies an obligation to do justice with a. Governor; Vice Governor;
respect to the same (Nachura, b. City or municipal mayor; City or
Reviewer in Political Law, p. 431) municipal vice-mayor;
c. Punong barangay,
VIi. Qualification of Elective d. SK chairman, elected by voters of
Local Officials: Katipunan ng Kabataan
1. citizen of the Philippines;
2. registered voter of barangay, municipality, 2. Elected by District
city, province, or district where he intends a. regular members of Sanggunian
to be elected; b. ex-officio members of Sanggunian
3. resident therein for at least 1 year (i.) panlalawigan
preceding election; president of leagues of
4. able to read and write Filipino or local sanggunian members of
language or dialect; and component cities and
5. age: municipalities; and
a. 23 years of age Governor, Vice president of liga ng mga
Governor, Board Member, Mayor, Vice barangay and pederasyon ng
Mayor or Member of City Council for mga sanggunian kabataan
HUCs. (ii.) panlunsod
b. 21 years of age Mayor or Vice president of liga ng mga
Mayor of ICCs, component cities or barangay and the pederasyon
municipalities; ng mga SB
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
(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.
3. dishonesty, oppression, misconduct in
Term of Office: 3 years starting from noon office, gross negligence or dereliction of
of June 30 next following the election or duty;
such date as may be provided by law, 4. commission of offense involving moral
except that of elective barangay officials, turpitude or offense punishable by at least
for maximum of 3 consecutive terms in prision mayor;
same position. 5. abuse of authority;
Consecutive: After three consecutive 6. unauthorized absence for 15 consecutive
terms, an elective local official cannot working days except sanggunian
seek immediate reelection for a fourth members;
term. The prohibited election refers to 7. application for, acquisition of , foreign
the next regular election for the same citizenship or residence or status of an
office following the end of the third immigrant of another country; and
consecutive term. Any other 8. such other grounds as may be provided in
subsequent election, like a recall EC and other laws
election is no longer covered by the
prohibition (Socrates vs. Comelec, Under Sec. 60 of RA 7160 an
G.R. No. 154512, November 12, elective local official may be
2002). removed from office on the
grounds enumerated above by
ix. Grounds for Disciplinary order of the proper court only
Actions: (Salalima vs Guingona, 257 SCRA
1. disloyalty to the Republic; 55)
2. culpable violation of the Constitution;

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