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Doctrine of Implication- all powers necessary to enfore and implement the power expressly granted are

deemed impliedly granted as well.

Doctrine of qualified agency- departments secretaries may exercise powers delegated to them by the
president sucject to the president’s approval.

- Applying this doctrine, the president have the power to reorganize the government and may
validly delagted some powers to cabinet members .

Discretionary duty- the officer is provided with so much leeway as to allowed the officer to determine
when and how an act is to be performed and to decide the matter one way or the other and still be
valid.

Ministerial duty- the officer is given a little latitiude to discharge his duty. The law is exact in the
performance of the dicharge and defines the time, mode and occasion of its performance with such
certainty that nothing is left at the discretion of the officer

(The officer is given a little latitude to the discharge of his performance. The law is exact in prescribing
the performance and defines the time, mode, and occasion of its performance with such certainty as to
nothing left at the discretion of the officer.)

General action-requires an admin body to discharge duties but not in a very specific manner.

Specific action- to act or discharge duties in a particular manner.

No senator or member of the house of representative shall be appointed to any office which may have
been created or the emoluments thereof increased during the term which he was elected.

Suffrage- is the right of the people to vote in the election of officers chosen by the people and in
determination of questions submitted to them. It includes plebescite, referendum and inititiatve. It is
both a right and a privilege.

Qualifications of voters:

1. a filipino citizen

2. at least 18 years of age at the time of the election

3. a resident pof the Philippines at least 1 year

4. a resident of the place where he intended to vote for at least 6 months.

5. not disqualified by law

Physical presence, intention to return and remain permanently

In election cases, the court treats domicile and residence as synonymous terms. Both impart not only
the inention to reside in a fixed place but also personal presence therein.
Domicile- denotes a fixed permanent residence to which one intends to return.

Disqualification of voters

1. Sentence by final judgement for a crime punishable by more than 1 year of imprisonment except
when a person has granted a plenary pardon or amesty and after 5 years from service of sentence, the
right to vote is automatically restored.

2. when declared by law as incompetent or insane

3. Sentenced by final judgemtn of a crime invloving disloyalty to the republic

Petition for inclusion- a petition filed with the court by any person whose name has been stricken out of
the permanent list of voters in his precint or whose registration has been disapproved by the board, to
include his name in permanent list of voters. It must be filed at anytimes except 105 days prior to
regular election and 75 days prior to special elections. It must be supported by a certificate of
disapproval of his applicatio by the board and by the notice of service.

Petition for exclusion- a sworn petition filed with the court by any voter, representative of the partylist
or the election officer to exclude a voter from the permanent list of voters. The petition must include
the name of the challenged voter and his precint. It must be accompanied by a notice to the challenged
voter and the board. It must be filed at anytimes except 100 days prior to regular election and 65 days
prior to special elections

Qualifications of comelec:

1. natural born citizen

2. at least 35 years old at the time of appoinment

3. a college degree holder

4. must not have been a candidate of any elective position immediately preceeding elections

5. majority, including the chairman must be a member of the Philippine bar who has been engaged in
the practice of law for at least 10 years.

Grounds where the Comelec en banc shall be the first to hear and try cases:

1. Pure administrative cases

2. When the required number of votes is not met by the Comelec division

3. In cases of failure or election and postponement of elections and calling of special elections.

4. prosecution of election cases


Registration- referes to act of accomplishing and filling a swon application for registration by the
qualified voter before the election officer of the city, municiaplity and provincial wherein he resides and
including the same in the book of registered voters upon the apporval of the board

Political persons- any organized group of persons who register and filed with the comelec as a party,
organization or coalition for the purpose of the partylist system, stating its desire to partcipate in the
paty-list system.

Petition to deny due course is a petition filed by any person exclusively on the ground that there is any
material misrepresentation contained in the certificate of candidacy. The misrepresentation must be
material and the candidate had the inetent to wilfully breach and defraud the voters and the candidate
is not actually qualified. It must be filed 25days from the time of the filing of the COC and must be
decided upon not later than 15 days prior to election.

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