ADMINISTRATIVE LAW
Promulgated in accordance with the
- Branch of public law that fixes the
organization of the government and
determines competence of authorities
who execute the law and indicates to
the individual remedies for the violations
of his rights.
I. ADMINISTRATIVE BODIES OR
AGENCIES
- A body, other than the courts and
the legislature, endowed with quasi-
legislative and quasi-judicial powers for
the purpose of enabling it to carry out
laws entrusted to it for enforcement or
execution.
How Created:
1. by constitutional provision;
2. by legislative enactment; and
3. by authority of law.
II. POWERS OF ADMINISTRATIVE
BODIES:
1.Quasi-legislative or rule-making
power;
2.Quasi-judicial or adjudicatory power;
and
3.Determinative powers.
A. QUASI-LEGISLATIVE OR RULE-
MAKING POWER
 In exercise of delegated legislative
power, involving no discretion as to
what law shall be, but merely
authority to fix details in execution
or enforcement of a policy set out in
law itself.
Kinds:
1. Legislative regulation
a. Supplementary or detailed
legislation, e.g. Rules and
Regulations Implementing
the Labor Code;
b. Contingent regulation
2. Interpretative legislation, e.g.
BIR Circulars
Requisites for valid exercise:
1. Issued under authority of law;
2. Within the scope and purview of the
law;
3.
prescribed procedure:
a. notice and hearing – generally,
not required; only when:
i. the legislature itself requires
it and mandates that the
regulation shall be based on
certain facts as determined
at an appropriate
investigation;
ii. the regulation is a
settlement of a controversy
between specific parties;
considered as an
administrative adjudication
(Cruz, Philippine
Administrative Law, p.42 -
43); or
iii. the administrative rule is in
the nature of subordinate
legislation designed to
implement a law by
providing its details (CIR v.
Court of Appeals, 261 SCRA
236).
b. publication
4. Reasonable
Requisites for Validity of
Administrative Rules With Penal
Sanctions:
1. law itself must declare as punishable
the violation of administrative rule
or regulation;
2. law should define or fix penalty
therefor; and
3. rule/regulation must be published.
Doctrine of Subordinate Legislation –
power of administrative agency to
promulgate rules and regulations on
matters of their own specialization.
Doctrine of Legislative Approval by Re-
enactment - the rules and regulations
promulgated by the proper
administrative agency implementing the
law are deemed confirmed and approved
by the Legislature when said law was re-
enacted by later legislation or through
codification. The Legislature is presumed
to have full knowledge of the contents
of the regulations then at the time of re-
enactment.
 QUASI- QUASI- 7. decision must be rendered in such a
LEGISLATIVE JUDICIAL manner that parties to controversy
FUNCTIONS FUNCTIONS can know various issues involved and
reason for decision rendered.(Ang
1. consists of 1. refers to its end Tibay vs CIR, 69 Phil 635)
issuance of rules product called
and regulations order, reward Substantial Evidence – relevant
or decision evidence as a reasonable mind might
accept as adequate to support a
2. general 2. applies to a conclusion.
applicability specific
situation Administrative Determinations Where
Notice and Hearing Not Necessary:
3. prospective; it 3. present
1. summary proceedings of distraint
envisages the determination
promulgation of of rights, and levy upon property of delinquent
a rule or privileges or taxpayer;
regulation duties as of 2. grant of provisional authority for
generally previous or increase of rates, or to engage in
applicable in the present time or particular line of business;
future occurrence 3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
se which affects safety of persons or
B. QUASI-JUDICIAL OR ADJUDICATORY property;
POWER 5. preventive suspension of officer or
 Proceedings partake of nature of employee pending investigation; and
judicial proceedings. 6. grant or revocation of licenses for
Administrative body granted permits to operate certain
authority to promulgate its own businesses affecting public order or
rules of procedure. morals.

Two necessary conditions: Administrative Appeal or Review

1. due process; and 1. Where provided by law, appeal from
2. jurisdiction administrative determination may be
made to higher or superior
Includes the following powers: administrative officer or body.
1. Prescribe rules of procedure 2. By virtue of power of control of
2. Subpoena power President, President himself or
3. Contempt Power through Department Head may
affirm, modify, alter, or reverse
Administrative Due Process: administrative decision of
1. right to a hearing; subordinate.
2. tribunal must consider evidence 3. Appellate administrative agency may
presented; conduct additional hearing in
3. decision must have something to appealed case, if deemed necessary.
support itself;
4. evidence must be substantial; Res judicata effect of Administritve
5. decision must be based on evidence Decisions
adduced at hearing or at least - has the force and binding effect of a
contained in the record and final judgment (note: applies only to
disclosed to parties; judicial and quasi judicial proceedings
6. board of judges must act on its not to exercise of administrative
independent consideration of facts functions, Brillantes vs. Castro 99 Phil.
and law of the case, and not simply 497)
accept view of subordinate in
arriving at a decision; and C. DETERMINATIVE POWERS
1. enabling – permit the doing of an act
which the law undertakes to
regulate;
2. directing – order the doing or
performance of particular acts to
ensure compliance with the law and
are often exercised for corrective
purposes
3. dispensing – to relax the general
operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty;
4. examining - also called investigatory
power;
5. summary – power to apply
compulsion or force against persons
or property to effectuate a legal
purpose without judicial warrants to
authorize such actions.
III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
 Whenever there is an available
administrative remedy provided
by law, no judicial recourse can
be made until all such remedies
have been availed of and
exhausted.
1. Doctrine of Prior Resort or
(Doctrine of Primary Administrative
Jurisdiction) – where there is
competence or jurisdiction vested
upon administrative body to act
upon a matter, no resort to courts
may be made before such
administrative body shall have acted
upon the matter.
1. Doctrine of Finality of
Administrative Action – no resort to
courts will be allowed unless
administrative action has been
completed and there is nothing left
to be done in administrative
structure.
2. Judicial Relief from Threatened
Administrative Action – courts will
not render a decree in advance of
administrative action and thereby
render such action nugatory. It is not
for the court to stop an
administrative officer from
performing his statutory duty for
fear he will perform it wrongly.
Effect of Failure to Exhaust
Administrative Remedies: as a general
rule, jurisdiction of the court is not
affected but the complaint is vulnerable
to dismissal due to lack of cause of
action.
Exceptions to the Doctrine:
1. doctrine of qualified political agency
(when the respondent is a
department secretary whose acts as
an alter ego of the President bears
the implied and assumed approval of
the latter); except where law
expressly provides exhaustion;
2. administrative remedy is fruitless;
3. where there is estoppel on part of
administrative agency;
4. issue involved is purely legal;
5. administrative action is patently
illegal, amounting to lack or excess
of jurisdiction;
6. where there is unreasonable delay or
official inaction;
7. where there is irreparable injury or
threat thereof, unless judicial
recourse is immediately made;
8. in land case, subject matter is
private land;
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;
 b. commission of abuse of 1. factual findings not supported by
authority; and evidence;
c. when administrative fact 2. findings are vitiated by fraud,
finding body is unduly imposition or collusion;
restricted by an error of law. 3. procedure which led to factual
findings is irregular;
Modes of review: 4. palpable errors are committed; and
1. Statutory; 5. grave abuse of discretion,
2. Non-statutory – inherent power of arbitrariness or capriciousness is
the court to review such manifest.
proceedings upon questions of
jurisdiction and questions of law;  Brandeis Doctrine of
3. Direct proceeding; Assimilation of Facts – one
4. Collateral attack. purports to be finding of fact but
is so involved with and
General Rule: Findings of facts of dependent upon a question of
Administrative Agencies accorded great latter,courts will review the
weight by the Courts. entire case including the latter.
Exceptions to the Rule: 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 two senses:

- 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:
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
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
otherwise 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);
 San Beda College of Law
6
MEMORY AID IN POLITICAL LAW

3. Under color of a known election points of law to

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

DE JURE DE FACTO Legal Effects of Acts

OFFICER OFFICER - valid insofar as they affect the
public
1. rests on the 1. on reputation Entitlement to Salaries
right
General Rule: rightful incumbent may
recover from de facto officer salary
2. has lawful or 2. has possession
title to the and performs the received by latter during time of
office duties under wrongful tenure even though latter
color of right is in good faith and under color of
without being title.(Monroy v. CA, 20 SCRA 620)
technically Exception: when there is no de jure
qualified in all public officer, de facto officer
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

entitled to salaries for period when requirements for appointment to

he actually discharged functions. a regular position in the
(Civil Liberties Union v. Exec. Sec., competitive service, whenever a
194 SCRA 317) vacancy occurs and the filling
Challenge to a De Facto Officer: must be thereof is necessary in the
in a direct proceeding where the title interest of the service and there
will be the principal issue is no appropriate register of
those who are eligible at the
IV. COMMENCEMENT OF OFFICIAL time of appointment;
RELATIONS: 4. Regular – made by President
1. by appointment; or while Congress is in session and
2. by election becomes effective after
nomination is confirmed by the
Appointment – selection, by authority Commission on Appointments
vested with power, of individual who is and continues until the end of
to perform functions of a given office. term; and
 Essentially a discretionary power 5. Ad-interim –
and must be performed by the a. Recess -- made while
officer in which it is vested Congress is not in session,
according to his best lights, the before confirmation, is
only condition being that the immediately effective, and
appointee should possess the ceases to be valid if
minimum qualification disapproved or bypassed by
requirements prescribed by law CA upon next adjournment
for the position (Nachura, of Congress;
Reviewer in Political Law, p. b. Midnight – made by the
305) President before his term
expires, whether or not this
Commission – written evidence of is confirmed by the
appointment. Commission on
Appointments.
Designation – imposition of
additional duties, usually by law, on
a person already in public office. Regular Ad interim
appointment appointment
Classification of Appointments: Made during the Made during the
1. Permanent – extended to person legislative recess
possessing requisite session
qualification for the position and Made only after Made before
the nomination such
thus enjoys security of tenure;
is confirmed by confirmation
2. Temporary – acting the Commission
appointment, given to a non-civil on Appointments
service eligible is without a (CA)
definite tenure and is dependent Once confirmed Shall cease to be
upon the pleasure of the by the CA valid if
appointing power; continues until t disapproved by
3. Provisional- is one which may he end of the the CA or upon
be issued upon prior term of the the next
authorization of the appointee adjournment
Commissioner of Civil service in
accordance with the provisions Nepotism – all appointments in the
of the Civil Service Law and the national, provincial, city and
rule and standards to a person municipal governments or in any
who has no t qualified in an branch or instrumentality thereof,
appropriate examination but including GOCC, made in favor of a
who otherwise meets the relative of the (1) appointing or (2)

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

recommending authority or of the 1. statutory liability under the Civil

(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
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 officer’s
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.

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:
 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

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

Preventive Suspension i. dishonesty;

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

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

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

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
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
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
MEMORY AID IN POLITICAL LAW
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
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
 San Beda College of Law
12
MEMORY AID IN POLITICAL LAW

the right to hold such office or g. Sanggunian Members –

position arose); Sanggunian concerned; and
10. impeachment; h. Elective Barangay Officials –
11. death; Municipal or City Mayors
12. failure to assume elective office
within 6 months from proclamation; Recall - termination of official
13. conviction of a crime; and relationship for loss of confidence
14. filing of certificate of candidacy. 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 1. any elective official may be subject
of his term, not removal.(Alajar vs of a recall election only once during
Alba, 100 Phil 683) his term of office for loss of
confidence; and
Principle of Hold-Over – if no express or 2. no recall shall take place within one
implied Constitutional or statutory year from date of the official’s
provision to the contrary, public officer assumption to office or one year
is entitled to hold office until successor immediately preceding a regular
has been chosen and shall have local election.
qualified.
Purpose: to prevent hiatus in public Procedure for Recall (Secs. 70-72, R.A.
office. (But subject to Art. 237 of 7160)
RPC) 1. Initiation of the Recall Process:
a. by a Preparatory Recall
Retirement: Assembly (PRA) composed of:
 Members of Judiciary : 70 years of i. Provincial – mayors, vice
age mayors and sanggunian (sg)
 Other government officers and members of the
employees : 65 years of age municipalities and
 Optional retirement age: after component cities;
rendition of minimum number of ii. City – punong barangay and
years of service. (sg) barangay members;
iii. Legislative District:
Accepting Authority for Resignation: iiia. SG Panlalawigan –
1. to competent authority provided by municipal officials in
law; the district;
2. If law is silent and public officer is iiib. SG Panglunsod –
appointed, tender to appointing barangay officials in
officer; the district;
3. If law is silent and public officer is iv. Municipal - punong barangay
elected, tender to officer authorized and (sg) barangay members;
by law to call election to fill  majority of the PRA
vacancy: members shall convene in
a. President and Vice-President - session in a public place;
Congress  recall of the officials
b. Members of Congress - concerned shall be validly
respective Chambers initiated through a resolution
e. Governors, Vice Governors, adopted by a majority of all
Mayors and Vice Mayors of HUC’s the PRA members concerned
and independent component b. by the Registered Voters (RV) in
cities - President. the province, city, municipality
f. Municipal Mayors and Vice or barangay (LGU) concerned -
Mayors/City Mayors and Vice at least 25% of the total number
Mayors of component cities - of RV in the LGU concerned
Provincial Governor; during the election in which 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
13
MEMORY AID IN POLITICAL LAW

local official sought to be a. for barangay, city or municipal

recalled was elected;
i. written petition filed with
the COMELEC in the presence
of the representative of the
petitioner and a than 45 days after the filing of
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
officials – not later than 30 days
after the filing of the resolution
or petition;
b. for provincial officials - not later
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.

3. Election on Recall – COMELEC shall

set the date of the election on
recall:
ELECTION LAW

I.SUFFRAGE
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

- right to vote in election of

officers chosen by people and in  What is common in these
the determination of questions three instances is the
submitted to people. It includes: resulting failure to elect. In
1.election; the first instance, no
2.plebiscite; election is held while in the
3.initiative; and second, the election is
4.referendum. suspended. In the third
instance, circumstances
Election – means by which people attending the preparation,
choose their officials for a definite transmission, custody or
and fixed period and to whom they canvass of the election
entrust for time being the exercise returns cause a failure to
of powers of government. elect. The term failure to
Kinds: elect means nobody emerged
1. Regular election – one provided as a winner. (Pasandalan vs.
by law for election of officers Comelec, G.R. No. 150312,
either nationwide or in certain July 18, 2002)
subdivisions thereof, after  The causes for the
expiration of full term of former declaration of a failure of
members; and election may occur before or
2. Special election – one held to fill after the casting of votes or
vacancy in office before on the day of the election.
expiration of full term for which (Sec. 4, R.A. 7166)
incumbent was elected.  The COMELEC shall call for
the holding or continuation
Failure of Elections – there are of the election on a date
only 3 instances where a failure of reasonably close to the date
elections may be declared, namely: of the election not held,
a. The election in any polling suspended, or which resulted
place has not been held on in a failure to elect but not
the date fixed on account of later than 30 days after the
force majeure, violence, cessation of the cause of
terrorism, fraud, or other such suspension or failure to
analogous causes; elect. (Sec. 6, B.P. 881)
b. The election in any polling  In such election, the location
place had been suspended of polling places shall be the
before the hour fixed by law same as that of the
for the closing of the voting preceding regular election.
on account of force However, changes may be
majeure, violence, initiated by written petition
terrorism, fraud, or other of the majority of the voters
analogous causes; and of the precinct or agreement
c. After the voting and during of all the political parties or
the preparation and by resolution of the Comelec
transmission of the election after notice and hearing.
returns or in the custody or (Cawasa vs. Comelec, G.R.
canvass thereof such No. 150469, July 3, 2002)
election results in a failure
to elect on account of force Postponement of Elections - An
majeure, violence, election may be postponed by the
terrorism, fraud or other COMELEC either motu proprio or upon
analogous causes. (Joseph a verified petition by any interested
Peter Sison v. COMELEC, party when there is violence,
G.R. No. 134096, March 3, terrorism, loss or destruction of
1999) election paraphernalia or records,
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
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.
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
MEMORY AID IN POLITICAL LAW
(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;
 San Beda College of Law
16
MEMORY AID IN POLITICAL LAW

 political parties registered under f. it declares untruthful statements

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;
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.

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

COMELEC, GR No. 147589, June 26, 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 1. Written/Printed Materials (does not
any offense for which he has been exceed 8 ½ in. width by 14 in.
sentenced to a penalty of 18 months length)
imprisonment; 2. Handwritten/printed letters
3. convicted by final judgment for 3. Posters (not exceeding 2 x 3 ft.)
crime involving moral turpitude;  3 by 8 ft. allowed in
4. any person who is permanent announcing, at the site and
resident of or immigrant to a foreign on the occasion of a public
country; and meeting or rally, may be
5. one who has violated provisions on: displayed 5 days before the
a. campaign period; date of rally but shall be
b. removal, destruction of lawful removed within 24 hours
election propaganda; after said rally.
c. prohibited forms of propaganda; 4. Print Ads
d. regulation of propaganda  ¼ page in broadsheets and ½
through mass media; and page in tabloids thrice a
e. election offenses. week per newspaper,
magazine or other
- When a candidate has not yet been publication during the
disqualified by final judgment during campaign period
the election day and was voted for, 5. Broadcast Media (i.e. TV and
the votes cast in his favor cannot be Radio)
declared stray. To do so would
amount to disenfranchising the NATIONAL LOCAL
electorate in whom sovereignty POSITIONS POSITIONS
resides. (Codilla vs. Hon. Jose De
Venecia, G.R. No. 150605, December 1. 120 minutes 1. 60 minutes
10, 2002) for TV for TV

Nuisance Candidate 2. 180 minutes 2. 90 minutes

– COMELEC may motu propio for Radio for Radio
or upon petition of
interested party, refuse to Prohibited Campaign
give due course to or cancel 1. Public exhibition of movie,
certificate of candidacy if cinematograph or documentary
shown that said certificate portraying the life or biography of a
was filed: candidate during campaign period;
1. to put election process in mockery or 2. Public exhibition of a movie,
disrepute; cinematograph or documentary
2. to cause confusion among voters by portrayed by an actor or media
similarity of names of registered personality who is himself a
candidates; candidate;
3. by other circumstances or acts which 3. Use of airtime for campaign of a
demonstrate that a candidate has no media practitioner who is an official
bona fide intention to run for office of a party or a member of the
for which certificate has been filed, campaign staff of a candidate or
and thus prevent a faithful political party;

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

Limitation on Expenses: candidate is of the same family name,

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)
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.

Substituted and Substitute Candidate III. ELECTION CONTESTS

- In case of valid substitutions
after the officials ballots have been Nature: special summary proceeding
printed, the votes cast for the object of which is to expedite
substituted candidates shall be settlement of controversies between
considered as stray votes but shall not candidates as to who received majority
invalidate the whole ballot. For this of legal votes.
purpose, the official ballots shall provide Purpose: to ascertain true will of people
for spaces where the voters may write and duly elected officer, and this could
the name of the substitute candidates if be achieved by throwing wide open the
they are voting for the latter: Provided, appeal before the court.
however, That if the substitute
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

Contest: any matter involving title or or excess of jurisdiction or

claim of title to an elective office, made violation of due process.
before or after proclamation of winner,
whether or not contestant is claiming Actions Which May Be Filed:
office in dispute. 1. Election Protest
Election, Returns and qualification – - May be filed by any candidate who
refers to all matters affecting validity of has filed a certificate of candidacy
the contestee’s title to the position. and has been voted upon for the
same officer;
Election – conduct of the polls, Grounds:
including the registration of voters, a. fraud;
holding of election campaign, and b. terrorism;
casting and counting of votes. c. irregularities; or
d. illegal acts
Returns – include the canvass of  committed before, during, or
returns and proclamation of winners, after casting and counting of
together with questions concerning votes
composition of Board of Canvassers Time to file: within 10 days from
and authenticity of election returns. proclamation of results of election.

Qualifications – matter which could 2. Quo warranto

be raised in a quo warranto - Filed by any registered voter in the
proceedings against the proclaimed constituency
winner, such as his disloyalty to the
Republic or his ineligibility or Grounds:
inadequacy of his certificate of a. ineligibility; or
candidacy. b. disloyalty to Republic.
Time to file: within 10 days from
Original Exclusive Jurisdiction Over proclamation of results of election.
Election Contests
1. President and Vice-President - QUO WARRANTO QUO WARRANTO
Supreme Court en banc IN ELECTIVE IN APPOINTIVE
2. Senator - Senate Electoral Tribunal OFFICE OFFICE
3. Representative - HR Electoral 1. determination is 1. determination is
Tribunal eligibility of legality of
4. Regional/Provincial/City - COMELEC candidate-elect appointment
5. Municipal - RTC 2. when person 2. court may
6. Barangay - MTC elected is determine as to
declared who among the
ineligible, court parties has legal
Appellate Jurisdiction: cannot declare 2nd title to office
1. For decisions of RTC and MTC placer as elected,
 appeal to COMELEC whose even if eligible
decision shall be final and
executory; IV. ELECTION OFFENSES
2. For decisions of COMELEC
 petition for review on Certiorari Vote-Buying and Vote-Selling
with SC within 30 days from (1) Any person who gives, offers
receipt of decision on ground of or promises money or anything
grave abuse of discretion of value, gives or promises any
amounting to lack or excess of office or employment, franchise
jurisdiction or violation of due or grant, public or private, or
process; makes or offers to make an
3. For decisions of Electoral Tribunal expenditure, directly or
 petition for review on Certiorari indirectly, or cause an
with SC on ground of grave abuse expenditure to be made to any
of discretion amounting to lack person, association, corporation,
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

entity, or community in order to

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

LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991 Effectivity: January 1, 1992

(R.A. 7160)
Scope of Application of Local

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
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MEMORY AID IN POLITICAL LAW

Government Code: mechanisms of recall, initiative and

Applicable to: referendum; and
1. all provinces, 3. Require all national agencies and
2. cities, offices to conduct periodic
3. municipalities, consultations with appropriate
4. barangays; LGU’s, NGO’s and People’s
5. and other political subdivisions Organizations and other concerned
as may be created by law; and sector of community before any
6. to the extent provided in the project or program is implemented
Local Government Code: in their respective jurisdictions.
a. to officials,
b. offices, or Rules on Interpretation:
c. agencies of the National 1. provision on power: liberally
Government. interpreted in favor of LGU; in case
of doubt, resolved in favor of
Local Autonomy – in its constitutional devolution of powers;
sense, to polarize LGU’s from over 2. ordinance or revenue measure:
dependence on central government and construed strictly against LGU
do not make LGU’s mini-republics or enacting it and liberally in favor of
imperium in imperia. tax payer;
3. tax exemptions, incentive or relief
Decentralization of Administration – granted by LGU: construed against
central government delegates person claiming;
administrative powers to political 4. general welfare provisions: liberally
subdivisions in order to broaden base of interpreted to give more powers to
government power and in process make LGU’s in accelerating economic
LGU’s more responsive and accountable development and upgrading quality
and ensure their fullest development as of life for people in community;
self-reliant communities and make them 5. rights and obligations existing on
effective partners in the pursuit of date of effectivity of LGC of 1991
national development and social and arising out of contracts or any
progress. other source of prestation involving
LGU, shall be governed by original
Decentralization of Power – involves terms and conditions of said
abdication of political power in favor of contracts or law in force at time
LGU’s declared autonomous.(Limbona v. such rights were vested; and
Mengelin, 170 SCRA 786). 6. resolution of controversies arising
under LGC of 1991 where no legal
Devolution – act by which national provision or jurisprudence applies,
government confers power and authority resort may be had to customs and
upon various LGU’s to perform specific traditions in place where
functions and responsibilities.[Sec.17(e), controversies take place.
par.2, LGC]. II. PUBLIC CORPORATION
- one formed and organized for the
government of a portion of the State.

Declaration of Policy: Elements of Public Corporation:

1. legal creation or incorporation;
1. Territorial and subdivisions of State 2. corporate name;
shall enjoy genuine and meaningful 3. inhabitants; and
local autonomy to enable them to 4. territory.
attain fullest development and make
them more effective partners in Classes of Corporation:
attaining national goals; 1. Quasi-corporation – public
2. Ensure accountability of LGU’s corporations created as agencies of
through institution of effective

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

State for narrow and limited a general purpose government for

purposes. coordination and delivery of basic,
2. Municipal corporation – body politic regular and direct services and
and corporate constituted by effective governance of inhabitants
incorporation of inhabitants of city within its territorial jurisdiction;
or town purposes of local
government thereof or as agency of 3. Municipality – consisting of group of
State to assist in civil government of barangays, serves primarily as a
the country. general purpose government for
3. Quasi-public corporation – private coordination and delivery of basic,
corporation that renders public regular and direct services and
service or supplies public wants. effective governance of inhabitants
within its territorial jurisdiction;
PUBLIC PRIVATE
CORPORATION CORPORATION 4. Barangay – basic political unit which
serves as primary planning and
1. established for 1. created for private implementing unit of government
purposes of aim, gain or benefit policies, plans, programs, projects
administration of of members and activities in community, and as a
civil and local forum wherein collective views of
governments
people may be expressed,
2. creation of State 2. created by will of crystalized and considered and
either by special or incorporators with where disputes may be amicably
general act recognizance of State settled;

3. involuntary 3. voluntary 5. Autonomous Regions – created for

consequence agreement by and decentralization of administration or
legislation among members decentralization of government; and

6. Special metropolitan political

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

IV. TERRITORIAL AND POLITICAL  Plebiscite Requirement –

SUBDIVISIONS ENJOYING approved by a majority of
LOCAL AUTONOMY: the votes cast in a plebiscite
1. Province – cluster of municipalities, called for the purpose in the
or municipalities and component political unit/s directly
cities, and serves as dynamic affected (Sec. 10, R.A. 7160)
mechanism for developmental  Based on verifiable
processes and effective governance indicators of viability and
of LGU’s within its territorial projected capacity to
jurisdiction. provide services (Sec. 7, R.A.
7160) [Note: see Annex C]
2. City – composed of more urbanized
and developed barangays, serves as Beginning of Corporate Existence
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
 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 LGU’s
 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
division;
3. Plebiscite be held in LGU’s affected.
4. Assets and liabilities of creation shall
be equitably distributed between
the LGU’s 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:
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
MEMORY AID IN POLITICAL LAW
1. General Welfare – (Sec. 16, R.A.
7160) statutory grant of police
power to LGU’s. 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 Parañaque v.
V.M. Realty Corp., 292 SCRA
678)
5. Reclassification of Lands – (Sec. 20
of RA 7160)
Limited by following percentage of
to 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:
 San Beda College of Law
24
MEMORY AID IN POLITICAL LAW

a. local chief executive with his b. Entered into by proper

signature on each and every department, board,
page; committee, or agent;
b. if local chief executive vetoes c. Must comply with substantive
the same, may be overridden by requirements;
2/3 vote of all sanggunian d. Must comply with formal
members; requirements; and
(i) grounds for veto: e. In case entered into by local
ordinance is ultra vires chief executive on behalf of
or prejudicial to public LGU, prior authorization by
welfare; Sanggunian concerned is
(ii) local chief executive needed
may veto particular 6. to exercise such other powers as
item/s of appropriation granted to corporation, subject to
ordinance, adoption of limitations provided in Local
local development plan Government Code of 1991 and other
and public investment laws.
plan, or ordinance
directing payment of VI. MUNICIPAL LIABILITY:
money or creating
liability; and Rule: Local government units and their
(iii) local chief executive officials are not exempt from liability for
may veto an ordinance death or injury to persons or damage to
only once; property (Sec. 24, R.A. 7160)
c. veto communicated to 1. Statutory provisions on liability:
sanggunian within 15 days for a. Art. 2189, Civil Code – defective
province and 10 days for city or condition of roads, streets,
municipality. bridges, public buildings, and
other public works;
Requisites for validity: b. Art. 2180(6th par.), Civil Code –
a. must not contravene the acts through a special agent;
Constitution and any statute; d. Art. 34, Civil Code – failure or
b. must not be unfair or oppressive; refusal of a member of the
c. must not be partial or police force to render aid and
discriminatory; protection in case of danger to
d. must not prohibit, but may life and property
regulate trade; 2. for Tort – depends if engaged in:
e. must not be unreasonable; and a. governmental functions – not
f. must be general in application liable;
and consistent with public policy. b. proprietary functions – liable

 Barangay Chairman has no 3. for Violation of Law

veto power. 4. for Contracts – if contract is:
Corporate Powers of LGU: a. intra vires – liable;
1. to have continuous succession in its b. ultra vires – not liable
corporate name;  Doctrine of Implied Municipal
2. to sue and be sued; Liability – a municipality may
3. to have and use a corporate seal; become obligated upon an
4. to acquire and convey real or implied contract to pay the
personal property; reasonable value of the benefits
5. power to enter into contracts; accepted or appropriated by it
Requisites of valid municipal as to which it has the general
contracts: power to contract (Province of
a. LGU has express, implied, or Cebu v. IAC, 147 SCRA 447); the
inherent power to enter into a doctrine applies to all cases
particular contract; where money or other property

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

of a party is received under such

circumstances that the general VIII. MANNER OF ELECTION
law, independent of an express 1. Elected at large
contract, implies an obligation a. Governor; Vice Governor;
to do justice with respect to the b. City or municipal mayor; City or
same (Nachura, Reviewer in municipal vice-mayor;
Political Law, p. 431) c. Punong barangay,
d. SK chairman, elected by voters
VII. QUALIFICATION OF ELECTIVE of Katipunan ng Kabataan
LOCAL OFFICIALS:
1. citizen of the Philippines; 2. Elected by District
2. registered voter of barangay, a. regular members of Sanggunian
municipality, city, province, or b. ex-officio members of
district where he intends to be Sanggunian
elected; (i.) panlalawigan
3. resident therein for at least 1 year  president of leagues of
preceding election; sanggunian members of
4. able to read and write Filipino or component cities and
local language or dialect; and municipalities; and
5. age:  president of liga ng mga
a. 23 years of age – Governor, Vice barangay and pederasyon
Governor, Board Member, ng mga sanggunian
Mayor, Vice Mayor or Member of kabataan
City Council for HUC’s. (ii.) panlunsod
b. 21 years of age – Mayor or Vice  president of liga ng mga
Mayor of ICC’s, component cities barangay and the
or municipalities; pederasyon ng mga SB
c. 18 years of age – members of (iii.) bayan
ICC or component city or  president of liga ng mga
municipal council or punong barangay and the
barangay or member of pederasyon ng mga
barangay council; sanggunian kabataan
d. at least 15 but not 21 years of
age – candidate for sanggunian 3. Sectoral representatives – women,
kabataan. worker, urban poor, and other
(Sec. 39, RA 7160) sectors allowed by law.

Disqualification of Elective Local Date of Election: Every 3 years on

Official: 2nd Monday of May, unless otherwise
1. sentenced by final judgment for provided by law.
offense involving moral turpitude or
punishable by 1 year or more of Term of Office: 3 years starting
imprisonment within 2 after service from noon of June 30 next following
of sentence; the election or such date as may be
2. those removed from office due to provided by law, except that of
administrative cases; elective barangay officials, for
3. those convicted by final judgment maximum of 3 consecutive terms in
for violating oath of allegiance to same position.
the Republic; Consecutive: After three
4. those with dual citizenship; consecutive terms, an elective
5. fugitives from justice in criminal or local official cannot seek
non-political cases here or abroad; immediate reelection for a
6. permanent resident in foreign fourth term. The prohibited
country; and election refers to the next
7. insane or feeble-minded.(Sec.40, regular election for the same
RA.7160) office following the end 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
26
MEMORY AID IN POLITICAL LAW

third consecutive term. Any  Under Sec. 60 of RA 7160 an

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
Constitution;
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)
the

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

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