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ELECTION LAW CAMPAIGN
PART IV
ELECTION PERIOD
MALA IN SE/MALA PROHIBITA
 Generally, Election Offenses are Mala Prohibita.
 Considered “Special penal offenses”- once violated,
defense of lack of knowledge, bad faith, lack malice,
not available. Good faith not a defense.
Example. PEOPLE vs BAYONA: guy brought gun
without knowing that there’s gun ban; His defense was
he had no intent to terrorize the voters. However, was
not sustained by SC.
 However, not all Election offenses are Mala Prohibita.
there are election offenses which are Mala in se.
Q: What are these mala in se election offenses?
A: Those that involve lying, cheating and stealing.
Example. DOMALANTA vs COMELEC: Dagdag bawas.
Defense of the BOC: no intent, we were just over
fatigued. SC: The magnitude of error belies the defense
of lack of intent. It may sound harsh, but it is the
responsibility of the BOC, even the election inspectors,
to ensure the accuracy of the votes they canvass.
JURISDICTION OF ELECTION OFFENSES
 Where to file? RTC
 How to reconcile: Why RTC when the Penalty of
election offenses is 1-6 yrs imprisonment
without Probation and BP 129 provides that if
that is the penalty, the jurisdiction pertains to
MTC?
A: General rule only. If there is a special law that says
jurisdiction pertains to RTC, that will prevail. And this can be
found in the Omnibus Election Code which says that “Election
offenses, go to RTC”
PRESCRIPTION OF ELECTION OFFENSES
 5 years after the commission of the offense (GR)
 However, in the event that the offense was discovered
in an election-related case, the prescriptive period does
not start to run until after the termination of the case.
CAMPAIGN PERIOD
A. 45 days prior to elections (local candidates)
B. 90 days prior to elections (national candidates)
TN: National candidates pertain only to Pres, VP, Senators,
members of Party-list. District reps, although not
enumerated in the LGC, are not considered national
candidates. Just say they are district reps. Neither national
nor local.
ELECTION LAW, LAW ON PUBLIC OFFICERS AND ADMINISTRATIVE LAW | 2ND SEMESTER S.Y. 2018-2019 | ATTY.GUJILDE
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Refers to any direct or indirect political undertaking that is
designed to promote the defeat or victory of a particular
candidate.
 Even if you don’t say “Vote for” it is still a form of
campaigning.
 Time of PNOY, ABS-CBN showed a Cory Aquino
documentary. Indirect campaigning.
 Normally, we see “Vote For” not “Do not vote for”.
Recall Diocese of Bacolod case, RH law, “Team buhay”
vs “Team patay”. Still a form of campaign.
 Even an endorsement (indirect campaign):
For Example: Cesar Montano when he ran for Senator,
was also an endorser of Nature’s Spring. At that time, Guji
was assigned in Mandaue City where Nature’s Spring’s
plant was located. They had Montano’s billboard
alongside an avenue in Mandaue. Guji wrote a letter to
Nature’s Spring, not to ask for water (lol) but to tell them
that the billboard was an illegal campaign paraphernalia.
It was an indirect way of campaigning, yes Montano was
not endorsed as a candidate, but he is endorsing the
product. Thus, by virtue of the visibility as the result of
the endorsement, that becomes indirect campaign. Legal
dept of Nature’s Spring tried to justify that it was merely
to endorse the product. Guji was busy man daw at the
time so he let it pass. Guji: You know sometimes, it’s best
to choose your battles. Wa man sad nakadog si Montano.
AUTHORIZED EXPENSES
Recall Ejercito case.
Important: Donations, made by third persons in your
favor, are part and parcel of your campaign expenses.
STATEMENT OF CONTRIBUTIONS AND EXPENDITURES
Q: Are you still required to file your SOCE even if you
already withdrew your COC?
A: Yes. Pilar vs COMELEC, even if you withdrew the filing of your
COC, still required to report your SOCE because it might be that
after you filed your COC, you already incurred expenses. The
law provides “every candidate” must file SOCE, did not
distinguish. Thus, regardless if pursued campaign, file SOCE.
ELECTION PROPAGANDA
 Recall Adiong vs COMELEC.
Important: Private vehicle is your property. Thus, you can
exercise ownership rights and freedom of expression
over the same. Limitation: passenger safety.
 Recall Diocese of Bacolod case.
Important: If it were a private property, the COMELEC has
no jurisdiction.
Q: Private property owner has no inclination in politics
whatsoever, but you want to post a campaign material
in his property. What shall you do?
A: Secure his consent for the posting of the campaign
paraphernalia in his property
Q: What if you did not get his consent, consequences?

A: Can be torn or removed by the owner himself or he can report
to COMELEC that there was a campaign material placed in his
private property without his consent.
Q: If reported, what will COMELEC do?
A: Write a letter to remove the same within 72 hours otherwise,
presumption is that you personally caused the posting of such
campaign material. (due process)
Q: What if still will not remove?
A: Can be a ground for disqualification.
Also Important: In so far as campaign materials are
concerned, size matters. But Size limitations do not
apply to campaign materials in private property. Why? If
I placed a campaign material and you are 200 meters away, you
can no longer see it from afar, defeats the purpose of said
material
TN: (Not yet challenged before the SC, but good point to
consider, COMELEC’s counter-argument to Diocese of Bacolod’s
case) up until today, the COMELEC still says that if it were
private property, size limitations apply. How did they justify the
same? Diocese of Bacolod case merely applies to
advocacy and not in so far as candidates are concerned.
Different story if it were your advocacy, because you are not so
concerned with candidates, thus size limitations do not apply.
But if it were “vote for ___” not about the advocacy anymore,
but about the candidate. Size limitations apply. Challenge: how
to distinguish if it were for a candidate or for an advocacy
regardless of the candidate
 Recall 1-UTAK case.
Important: PUVs and terminals, although covered by
franchise, the COMELEC still has jurisdiction because we
need to protect ownership rights and freedom of
expression. Limitations: Government used, owned or
controlled public utility vehicles and terminals (LRT, MRT,
ambulance)
Extent of COMELEC’s jurisdiction in so far as campaign materials
are concerned in PUVs: in so far as it does not infringe passenger
safety. Involves passenger safety, COMELEC has no
jurisdiction anymore.
AIR TIME LIMIT ON POLITICAL ADS
 GMA Network vs COMELEC- COMELEC has no basis
in saying that the 180 mins airtime in all the tv stations
is already the aggregate value of political ads.
 Prevailing: per station basis
 National candidates: On television: 120 mins.; On
radio: 180 mins.
 Local candidates: On television: 60 mins.; On
radio:90 mins.
 Newspaper: Broadsheet, ¼ max tabloid: ½; 3x a
week publication only.
 Websites: No size or frequency limitations. Just
Register with the Education and Information
department of COMELEC.
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 News and opinions regarding candidates:
Columnist: Allowed. Freedom of the Press, Freedom of
expression. Feature: All candidates must be featured.
Q: Columnist/media man, ran for election. Still allowed
to write?
A: Cannot write anymore if it were already the campaign period.
Visibility in media will give you an undue advantage over your
opponents. Resign if told by media entertainment management
or take a leave of absence.
Q: Pacquiao live fight, can be featured?
A: Yes
Q: Pacquaio already won, can media report?
A: Yes, legitimate news source
Q: Harry Roque napandol, can be reported?
A: Yes, legitimate news source
Q: Debates, considered campaign propaganda?
A: No, because organized by media
CONTENT-NEUTRAL vs CONTENT-BASED REGULATIONS
 CONTENT-NEUTRAL:
-COMELEC’s jurisdiction limited only to: S-F-P size,
frequency, place
-Does not amount in saying “You can’t say that” but instead,
“You can say that here, but not there.”
 CONTENT-BASED:
-COMELEC has no jurisdiction anymore because amounts to
Censorship.
Ex. Atty. Gadon’s statements in media.
Q: What if it were libelous does the COMELEC have
jurisdiction?
A: No. Libel, go to DOJ, not to COMELEC.
Q: What if unethical statements does the COMELEC have
jurisdiction?
A: No. Go to IBP. Petition for Disbarment
POINT: No matter how below the belt the statement is,
COMELEC has no jurisdiction. Content-based already.
2019 elections innovation: Aggrieved candidate can petition to
COMELEC to have it removed.
Prior to campaign period: COMELEC has no jurisdiction

PART V
CANDIDATES
CERTIFICATE OF CANDIDACY (COC)
 Likened to a resume; An application towards public
elective office
 Things to watch out for in a COC are those that pertain
to Qualifications (CARRL)
 Thus, there cannot be disqualification based on the
age, gender, occupation or civil status because it
does not pertain to CARRL.
Example. A is 65 years old, but wanted to appear
younger, so A put 55, ground for disqualification? Not
necessarily because he already complied with the
minimum age qualification
Example. Transgender, placed female, ground for
disqualification? No because even if there was falsity, it
does not pertain to the minimum qualifications required
Example. Occupation: wrote lawyer but in fact, did not
pass the bar, there was falsity but still does not pertain
to the minimum qualifications required
Example (case). S stated that she is married when in
fact her marriage was bigamous, there was falsity but it
was an innocuous (harmless) mistake because it does
not pertain to CARRL.
 Material Misrepresentation and Falsity: COC can be
cancelled or denied due course; There has to be malice
to mislead the people
 However, there are those which are not
specifically asked in the COC but still considered
a ground for disqualification, ex. Exceeded 3 term
limit. There is nothing in the COC which asks “Have you
already served 3 consecutive terms?”
WHO MAY FILE?
 Any person because ministerial duty on the part of
COMELEC to accept COC.
 Ministerial- inquiry on the formality requirements
only; whether the form was complete fully complied
with, signed, duly notarized, presence of picture etc.
As long as complied with, COMELEC has no
choice but to accept.
 Limitation of ministerial duty: as long as will not
amount to an inquiry on the veracity of the allegations
because substantive already. However, subject to
disqualification later on.
 Why ministerial only? dangerous because election
officers may right then and there disqualify a person
Example. taong grasa, filed COC, accept? Yes.
Perennial nuisance candidate, accept? Yes. Minor 12
yrs old file COC, accept? Yes. But subject to
disqualification later on.
WHO CANNOT FILE?
They can file but subject to disqualification. They should not
have filed because they are disqualified.
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Example case. acts of terrorism ballot snatching, not the
candidate/wife herself who perpetrated the acts of
terrorism but her husband because the latter was an
outgoing official, wife still bound because she benefitted
from the acts of terrorism, disqualified
Permanent residents abroad: Mere possession of green
card, disqualified. Foreign residence is an effective
abandonment of domicile of origin, much less residence.
Moral turpitude: issuance of bouncing check, libel
Q: Can a nun/priest run for public office?
A: Yes.
Q: What if the church does not allow them?
A: Not COMELEC’s problem anymore. It’s between them and the
church
WHERE TO FILE?
 Pres., VP, Senator, Party-list rep: Palacio de
Gobernador, Intramuros Manila
 Governor, District rep: Provincial Office of COMELEC
 City/Municipal: City/Municipal Office of COMELEC
 COC filed in the wrong office, deemed not filed.
Q: What shall COMELEC do when a COC was filed before
its office when it’s not supposed to be filed therein?
A: Not supposed to accept but if inadvertently accepted, go back
to the rule, not considered filed.
 Filing of COC does not require personal
appearance. However, you must execute an SPA
for the person who files in your behalf.
 But, for withdrawal of COC, it must be done
personally. Because if it were otherwise, your COC
might have been withdrawn by someone else without
you knowing it. Withdrawal of COC, requirements:
Personal appearance, Documented, Valid ID
WHEN FILED?
During the period of filing of COC; Deadline: 5 o’clock in the
afternoon. However if at 4:45 PM, you were already inside the
office but because there were a lot of people you were not able
to file, you are still allowed to file.
EFFECT OF FILING
Quinto vs COMELEC (2 cases): Questioned because violation of
equal protection clause.
1st decision: Appointive not deemed resigned. Effect was, people
from AFP, PNP, filed COC. Worse, election officers filed COC
2nd decision (prevailing):
 Elective office, regardless of the position, filed
COC deemed NOT resigned.
 Appointive office, filed COC, deemed resigned.
Filing COC is the mechanical act of resignation.
 There exists a substantial distinction between
elective and appointive. The former is bound by
the term of office whereas the latter enjoys
security of tenure.

PETITION TO DENY DUE COURSE OR CANCELLATION
OF COC
 Must be filed by the opposing candidate for the same
position.
 Petition for cancellation of COC: Falsity or Material
representation. CARRL is concerned. Attack on the
COC, not the person. Effect: Not considered a
candidate to begin with, regardless of votes cast in
your favor, stray votes. Second placer is deemed the
winner. Second placer is considered the first placer
among qualified candidates.
 Petition for Disqualification: attack on the
person. Valid upon filing but lost validity along the
way. Effect: Second placer cannot be declared the
winner because he is simply not the choice of the
people.
 Petition for Quo Warranto: already Proclaimed
despite ineligibility; must be filed within 10 days after
proclamation, any registered voter can file.
SUBSTITUTION OF CANDIDATES
 Candidate to be replaced must be a valid candidate,
otherwise, no substitution can take place.
 Grounds:
1. Death- replaceable, provided not an independent
candidate. Must belong to a political party from where
you can choose a substitute. IOW, independent
candidates cannot be substituted. XPN: Barangay
elections, spouse can replace.
2. Disqualification with finality- replaceable by a
person from the same political party
3. Withdrawn- not yet started printing of ballots.
 Deadline of substitution for no. 1 and 2: until noon of
election day
 However, substitution due to no. 1 and 2 still
allowed even if the ballots were already printed,
provided that the substitute is a person coming from
the same political party and with the same
surname, so as not to confuse the voters (so most
likely the spouse)
Example. Richard Gomez ran in Ormoc but a petition for
disqualification was filed against him because he is not a
resident therein, Gomez disqualified. Replaced by Lucy,
and she won. However, a petition for disqualification was
filed against her because Gomez, was not a candidate to
begin with (residency requirement not complied with).
IOW, because Gomez is not a candidate to begin with,
there cannot be substitution by Lucy. Thus, Lucy was
forced to vacate the office a month prior to term end.
But did not count as one term, thus Lucy was able to run
for the 4th time because the first term was not counted.
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WITHDRAWAL OF COC
Anytime
Q: Filing of COC within the period of filing. What if
filed today but withdrawn tomorrow. Can you be
replaced?
A: There can be no replacement because withdrawal
was within the period of filing the COC. Somebody
can take your place. Filing of COC as a fresh
candidate, not a substitute. But after the period
of filing of COC, there can be replacement.
FILING OF MULTIPLE COCS
Q: Allowed?
A: Yes. Provided, prior to the lapse pf time of filing
of COC, cancel one in favor of the other. Otherwise,
after the lapse of the period of filing of COC, you are not
eligible for any.
NUISANCE CANDIDATE
 Must be filed by an opposing candidate of the
same position.
 Pamatong vs COMELEC: disqualified by
COMELEC because he has not shown capacity
to mount a nationwide campaign. He argued
that why would he be disqualified when in fact
he has complied with the CARRL requirements.
 Important to remember:
1. Running for public office is not a right, but
a mere privilege.
2. Equal opportunities for public office
provision in the constitution is not self-
executing.
3. Logistical nightmare for COMELEC if
CARRL was solely the basis of
determining whether a candidate is
nuisance or not. Imagine if it were so, if
anyone who possesses CARRL may run,
how long the ballot would be?
Q: If this is so, does this not amount to property
qualification?
A: No. Reality check. It is only one of the many factors
that are to be considered in determining whether a
person is a nuisance candidate or not.
Q: But can you not argue that this is speculative?
What of I will rise into fame in the long run?
A: COMELEC doesn’t like what ifs, they like what
is.
Example. 2010 elections, a member of Kapatiran Party
was allowed by COMELEC to run as a presidential
candidate alongside PNOY etc. Is he not a nuisance
candidate? No. Look at his platform of government
(environment), legitimate intention. Again, not really
about the capacity to mount a nationwide campaign
as it is merely one of the factors to be considered.

LONE CANDIDATE LAW
REGULAR ELECTIONS:
Q: Ran for public office, no opponent
A: 1 vote is the highest because winner is somebody who
obtains the highest number of votes, not majority nor plurality
as there is not law requiring the same to be the basis of
declaring a candidate to be the proclaimed winner.
SPECIAL ELECTIONS: Can be proclaimed even if not elected.
Q: Ran for public office (except for Pres and VP), but
there is another candidate that is not qualified, are you
still considered lone candidate?
A: Yes, provided that there is a finding with finality that the other
candidate is not a qualified candidate. No need for elections,
costly and useless.
Q: What if all the other positions are not contested
nationwide?
A: Then no need for elections.
Q: A candidate may be proclaimed winner without being
elected. Agree or disagree.
A: Agree. Lone candidate law. No election but you can be
proclaimed the winner because you’re the Only person who ran
for public office and the only one qualified for such position.
PART VI
ELECTION
WHO CAN VOTE?
 Registered voters but not everyone in the voters’ list
are allowed vote [e.g. ordered crashed out by court,
double/multiple registration, local absentee voting
(does not vote on election day but prior)]
CHALLENGE OF ILLEGAL VOTERS/CHALLENGE BASED
ON ILLEGAL ACTS
 Did not crash out name, is this a guarantee that
you are allowed to vote? Not necessarily.
 Illegal voter
A person who offers to vote but is: Not registered, Uses
the name of another or Suffers from existing
disqualification
 Remedy
Challenge of the right to vote/ challenge of illegal
voters
 When to file protest?
If the voter offers to vote (when he gets inside the
polling place to vote, given ballot, examines ballot, file
protest.) But, once he already starts to accomplish
his ballot, remedy is gone.
 Remedy of the alleged illegal voter to challenge
the protest against him?
Present competent evidence, if the EB is satisfied, not
allowed to vote.
Q: What if there’s someone who says don’t allow Mr. X
to vote because after he votes, he is going to sell his vote
to a political party awaiting outside, what is the remedy
of Mr. X?
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A: Deny that challenge under oath. Once denied, challenge is
dismissed. Refusal to do so, challenge is sustained, not allowed
to vote
 Illegal acts
A. Received or expects to receive, paid, offered or
promised, contributed, offered or promised to
contribute money or anything of value as
consideration for the vote.
B. Made or received a promise to influence the giving
Or withholding of any such vote
WHEN TO VOTE?
On Election day. XPN: local absentee voting, overseas absentee
voting (votes prior to election day).
WHERE TO VOTE?
Polling place. Just recall difference between voting center,
precinct and polling place
HOW TO VOTE?
Manual election- writing the names; Automated- shading the
oval/circle
TN:
(a) Under-voting, allowed, does not affect the entire ballot
but for Over-voting, nobody gets the vote;
(b) In Automated elections, there is no such thing as
second chances: One voter=one ballot, replacement
not allowed unless the ballot was rejected without your
fault.
ELECTORAL BOARD
 Who conducts voting? Electoral Board
 Composition
o Chair,
o Poll clerk and
o Third member (public school teachers)
But now, because of the Electoral Reform Act, public
school teachers are no longer mandated to perform
election duties, if they manifest their unwillingness to
serve, cannot compel, they can be replaced by private
school teachers or non-teaching personnel of DEPED or
Persons employed in National government agencies
 Qualifications
a) Of good moral character and irreproachable reputation.
b) Registered voter of the city/municipality (but not
mandatory, XPN: COMELEC appoints PNP as a last
resort for peace and order purposes);
c) Able to speak and write Filipino, English or the local
dialect.
d) Never been convicted of any election offense or any
other crime punishable by more than 6 months of
imprisonment
e) No pending case for election offense.
 Disqualifications
Relationship within the 4th civil degree of consanguinity or
affinity to any member of the EB or any candidate

 Powers
Enormous and supreme inside the polling place. Decision
final and executory, Appeal or MR not available because will
cause delay in the proceedings.
o Issue warrant of arrest
o Administer oath in so far as election related documents
are concerned
o Order detail of PNP or AFP
o Remove from the polling place any person who disrupts
its proceedings screen watchers
o Prohibit lawyers from the polling place
COUNTING
Who conducts? Electoral Board
When to count? After closing of voting (Manual) XPN:
Automated (continuous counting by machine)
Where to count? Polling place XPN: Security reasons
How to count? Machine (Automated)
BALLOT APPRECIATION
 Definition:
It is the determination of the vote using the information
written on the official ballot by the voter, his or her
intention, and for whom it is, or should be counted
based on existing rules.
 Purpose: to obtain the expression of the voter’s will.
 Where or how a ballot should be appreciated:
a. It must be public
b. At a designated polling place
c. Watchers are afforded unimpeded view of the ballot,
without touching it.
 Ballot appreciation applies only to manual
elections. There is no more ballot appreciation in
automated elections because it is the machine that
counts.
Guiding principles:
o Every ballot is presumed valid unless there is a
clear and valid reason to justify its rejection.
-As much as possible, try to salvage the intent of
the voter
o In case of doubt, the intention and expression of
the voters must be carefully determined.
-Cannot simply say, this is stray, marked ballot, null
and void.
o Marking of the ballot or straying of vote is the
last resort because it will disenfranchise the
voter.
-Stray vote: saag vote, not counted. Does not affect the
entire ballot
-Marked ballot: putting identifying marks on the ballot,
not allowed; Nullifies the entire ballot
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o No watcher, candidate or any other person is
allowed to participate except when the watcher
files a protest and that protest is recorded in the
minutes.
BASIC RULES IN BALLOT APPRECIATION:
 Ferrer vs COMELEC (1-4 RULES)
1. INTENT RULE- determine intent of voter
2. NEIGHBORHOOD RULE- controversial
3. IDEM SONANS RULE- sounds alike
4. EQUITY OF THE INCUMBENT RULE- incumbent
prevails
5. SUPERIORITY OF SURNAME RULE- not found in
jurisprudence
RULES:
1. If only the first name or surname of the
candidate is written – vote is valid, provided
there is no other candidate with the same first
name or surname for the same office.
Example:
Duterte for Punong brangay. Rodrigo written only. Valid,
provided there is no other candidate with that first name.
OW, equity of incumbent rule, incumbent gets the vote provided
has served for at least 1 year. No incumbent, no one gets the
vote. Even if it’s not complete but it is identifiable, count
the vote.
2. If only the first name of the candidate is written
which when read, sounds similar to the surname
of another candidate – vote is counted in favor
of the candidate with such surname.
(Superiority of surname rule)
Example:
Candidate A- First name is “Juan”
Candidate B – Surname is “Huwan”
Here, if what is written in the ballot is the correct spelling Juan,
but when read sounds similar to Huwan, the vote doesn’t go to
Juan but to Huwan.
3. If there are two (2) or more candidates with the
same full name, first name or surname, and one
of them is incumbent – vote is counted in favor
of the incumbent. (Equity of the incumbent rule)
Example:
Candidate A – Rodrigo Duterte (candidate)
Candidate B – Rodrigo Duterte (incumbent)
The vote goes to the incumbent if it is a single slot position
However, if it is for multiple slots like councilor and both are
written, both gets the vote. If only one is written, it goes to the
incumbent.
4. If there is a woman who uses her maiden name
or married surname or both and there is another
with the same surname – the ballot bearing such
surname only shall be counted in favor of the
incumbent.
Example:
Candidate A (Woman candidate) – Leviste
Candidate B (Incumbent) – Leviste

The vote goes to the incumbent because it was not specified.
Equity of the incumbent principle applies.
5. If two (2) or more surnames are written on the
same line on the ballot – vote shall not counted
for either of them, unless one of them is an
incumbent who has served at least 1 year.
Example:
“Roxas” and “Duterte” (both surnames) are written on the same
line because the voter wants to please both.
The rule says it goes to Duterte because he is the incumbent
and served for at least 1 year. If what is written is mixed first
name and surname – the next rule applies, stray, nobody gets
the vote.
6. If two words are written on the same line, one
of which is the first name of a candidate and the
surname of another – Vote shall not be counted
for either.
Example:
Candidate A – Rodrigo Duterte
Candidate B – Jejomar Binay
Wrote “Jejomar Duterte” on the same line
The vote shall not be counted in favor of any one, even the
incumbent. Nobody gets the vote.
7. If two or more similar surnames are written on
different lines for an office which authorizes
election of more than 1, and there are the same
number of candidates with the same surname –
votes shall be counted for all.
Example.
The 2 Cayetano siblings who ran for Senatorial elections. You
Wrote Cayetano Cayetano, each Cayetano gets one vote. But if
you wrote 3 Cayetanos, only 2 will be counted, the third one is
stray because only 2 Cayetanos ran. Not 1.5 each.
8. If a single word is written, which is the first
name of a candidate and the surname of another
– vote shall be counted for the candidate
bearing the surname. (Superiority of surname
rule)
Example.
Candidate A’s first name – Rodrigo Gomez.
Candidate B’s surname – Alphonso Rodrigo
If only Rodrigo is written, the vote goes to Candidate B because
that is his surname.
9. A name or surname incorrectly written, which
when read, has a sound similar to the name or
surname of a candidate – vote shall be counted
in favor of such candidate. (Idem Sonans rule)
Examples:
Rojas instead of Roxas
DU30 instead of Duterte
Po instead of Poe
Banay instead of Binay
10. If a name of the candidate for the position he
aspires for is written and on another position he
does not aspire for – vote shall be counted in the
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position he aspires for, but if it is intended to
identify the ballot, it becomes void.
Example:
Poe ran for Punong Brgy. Wrote Poe in Punong Brgy., counted;
But if also happened to wrote Poe in the Brgy. Kagawad position,
not counted.
But if BEI says MARKED BALLOT then everything is invalidated.
Whether or not mark ballot it is up to the judgment call of the
BEI.
11. If the name of the candidate is erased and
another clearly written – vote shall be counted
in favor of the new name.
-voter changed his mind at the last minute
Example:
Duterte changed to Poe= counted in favor of Poe, change mind
at the last minute
Duterte changed to Poe but also wrote (sorry)= could be
marking but the SC said in one case it is not necessarily marking
because the voter could have only expressed his regret in
causing inconvenience to the EB
12. If the initial of the first name, middle name or
surname is incorrect – vote is valid and shall be
counted.
Example.
Rodrigo O. Duterte instead of Rodrigo R. Duterte= counted
Rodrigo D.R. = still counted
PRRD= possible but provided stated in the COC as the nickname
13. If the name of a candidate is the same as the
name of another who is not a candidate – vote
is counted for candidate.
-not his fault that he has a namesake
Example:
Candidate Miriam Santiago there is another person named
Miriam Santiago who is not a candidate, vote is still counted for
Miriam Santiago the candidate.
14. If there are prefixes or suffixes – vote is still
valid.
Example:
Wrote Mayor Rodrigo Duterte, Madam Miriam Santiago, Manuel
Roxas III= counted
Simply means the voter is very specific, he knows the candidate
so well.
15. Nicknames and appellations of affection and
friendship accompanied by first name or
surname is valid. If nickname only – valid if
candidate is generally or popularly known in the
locality.
Examples: Rodrigo “Digong” Duterte, Tom Osmena, Junjun (for
Junjun Davide)
These are allowed, provided no other candidate is with that
nickname and surname.
16. Initials only – does not sufficiently identify
candidate. Will be considered stray vote but will
not invalidate the whole ballot. -except where it
can be considered as a Marked Ballot
Examples: TRO, Sir, Mayor
 Page 8 of 47

17. Correct first name with different surname.

Correct surname with different first name –
Stray vote but will not invalidate the whole
ballot.
Examples:
Grace Jones instead of Grace Poe
Nancy Binay instead of Jejomar Binay
18. Ballot written with crayon, lead pencil, or ink,
wholly or in part – valid, unless used to identify
the ballot.
-Could be a Marked ballot
24. Commas, dots, lines or hyphens between the
first name and surname or in other parts of the
ballot, traces of the letter “T” , “J”, two or more
kinds of writing, use of accidental flourishes,
strokes or strains - does NOT invalidate ballot.
Example:
Rodrigo – Duterte
Grace. Poe
These are accepted, unless it clearly appears to have been
deliberately done to identify the ballot. In which case, it can be
considered as a marked ballot by the BEI.

19. If there are two or more candidates written in a
single position – vote shall not be counted for
either or all- but does not affect the validity of
the others
Example:
For Punong Brgy., wrote Mar Roxas Rodrigo Duterte = nobody
gets the vote
TN:
Surname, surname= allowed
First name, surname= not allowed
Full name, full name= not allowed
20. If the candidates voted for exceed the number
of those to be elected – ballot is valid but
counted only for those firstly written until the
authorized number is covered.
Example:
Brgy Kagawad, 7 only allowed, count only up to the 7th, do not
count the 8th, as it is stray vote.
21. Vote for non-candidate and for a candidate for
an office he did not aspire for – stray vote but
does not invalidate the entire ballot, unless BEI
says it is a marked ballot
Example:
Madam Claudia Buenavista= could be stray or marked
22. Ballot containing name of candidate printed,
pasted or affixed through any mechanical
process – totally null and void.
Example: Sticker
25. Ballot which appears to have been filled by 2
distinct persons – NULL AND VOID
Last resort, take note, when voter entitled to an assistor
26. If the space for Punong Barangay is blank, but
the name of the candidate for Punong Barangay
is written in the first line for Barangay Kagawad
– vote is counted in favor of the candidate
pursuant to neighborhood rule.
Example:
For Punong Brgy. ________
But the name for the supposed to be candidate for Punong Brgy.
Was written in the first line space for Brgy. Kagawad = Can be
counted, neighborhood rule.
But if it were written in the second line, neighborhood rule does
not apply anymore, not considered “neighbors” anymore as
there is a space in between but can apply Correct Sequence Rule
27. Vote for candidate disqualified by final
judgment – stray vote but will not invalidate the
entire ballot.
28. Ballots wholly written in Arabic in localities
where it is of general use – valid
29. Accidental tearing or perforation of ballot does
not invalidate it.
30. Failure to remove detachable coupon does not
annul the ballot.

23. Circles, crosses or lines on blank spaces – WATCHERS

indicate desistance from voting and shall not
invalidate the ballot  Rights and Duties
Main: To act as a lawyer inside the polling place. To watch out
Example: for any irregularity or violation of law that may be committed by
Drilon the electoral board or any person inside the polling place and if
Legarda finds so, to file a written protest.
Trillanes
Delima  Others:
---------- a. Stay in the space reserved for them inside the polling
xxxxxxx place
b. Witness the proceedings of the EB- can ask questions
You don’t want to add anymore because only the 4 passed your to EB but not in such manner as to disturb the
standards, you can place lines or crosses) Some place line proceedings; Not allowed to participate in the
because of fear that BEI might write some more. Write to deliberation and the decision-making process of the
indicate desistance. Electoral Board
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c. Take note of what they may see or hear
d. Take photographs of the EB proceedings, election
returns, ballot boxes, tally board; XPN: Official ballots
because it will violate secrecy and sanctity of the
ballots. Secrecy and Sanctity of ballot- no one, not even
the courts or the SC, can compel you to divulge the
contents of your ballot, except when waived
e. File a protest against any irregularity or violation of law
he believes may have been committed by EB or any
person
f. Obtain certificate of its filing and/or its resolution
g. Unimpeded view of the ballot being read, ER and tally
board, without touching them.
h. Be furnished, upon request, with certificate of votes,
duly signed and thumb marked
i. But they shall not speak to in such a manner as would
disturb proceedings.
 Qualifications
a. Registered voter of the barangay or municipality
where he or she is assigned
b. Of good reputation
c. Not convicted by final judgment for any election
offense or any other crime
d. Knows how to read and write Filipino, English or
any of the prevailing local dialect
e. Not related within 4th civil degree of consanguinity
or affinity to any member of the EB where he or
she is assigned
 Disqualification
Related within the 4th civil degree of consanguinity or
affinity to any member of the EB, Remedy, to be assigned
somewhere else; But allowed if related to candidate
 Watcher’s List
15 days prior to election, candidates or political parties are
required to furnish to COMELEC a copy of the Master list of
the watchers to be assigned in each and every a polling
place, such copy to be given by the election officer to the
EB so that on election day, EB can verify whether the name
of the watcher who claims to be one appears on the list.
Otherwise, declined appearance inside the polling place.
Persons allowed inside the polling place
a. Watchers who stay in designated area
b. Voters casting their votes, waiting for their turn to vote
and waiting for their turn to get ballots
c. Jail/prison escorts for detainee voters
d. Members of EB, their support staff and technician
e. Others specifically authorized:
o Election officer in the exercise of his supervisory
function
o Representatives from the Commission
o Foreign Observers
o Media men. Provided that, they get authority. If they
get that authority they cannot be near the voters when
they cast their votes. They can’t talk to anyone. And
even if they can document, can take photographs, they
can videotape but, never the official ballot because
you’ll violate the secrecy and sanctity of the ballot.
 COMELEC vs Romillo
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Persons not allowed inside the polling place
a. PNP, AFP, CAFGU, unless they vote
b. SK or Barangay officials, incumbent, elected or
appointed, except to vote, cannot be appointed as
watchers, after voting, leave immediately, not
allowed in or around the polling place or voting
center (Reason: Must be Non-partisan)
c. Candidates and lawyers not allowed unless they
vote
CANVASSING
 Consolidation of Election Returns by the Board of
Canvassers (BOC)
 What to canvass?
Election Returns (ERs): Evidence that votes were counted and
how much votes were casted
Ballots Election Returns Certificate of Canvass and
Proclamation (COCP)
 Where to canvass?
Under the law, session hall of Sangguniang Panlalawigan,
Lungson, Bayan (Not absolute) Space and security reasons,
secure authority to transfer the venue of canvassing provided
that there is prior notice to the candidates
 Who conducts?
Board of Canvassers (BOC)- also authority to proclaim
a. Congress as National BOC for Pres. And VP
b. COMELEC en banc as National and Regional BOC for
Senators and Regional officials, respectively
c. Provincial BOC for for Governor, Vice governor,
Provincial board members and district reps;
d. City BOC City Mayor, Vice Mayor;
e. Municipal BOC for Municipal Mayor, Vice Mayor,
Municipal board members;
f. Barangay BOC for Brgy. Officials
 COMELEC has direct supervision and control
over the BOC
 Composition
Chairman
Vice chairman
Member
 Disqualification
Related within 4th civil degree of consanguinity or affinity
to each other or to any candidate whose votes they are going to
count
PRE-PROCLAMATION CONTROVERSY
 Issues pertaining to transmission, preparation and etc
of election returns.
 Election returns – embody the results coming from the
polling places.
 Why not allowed? Will delay and impede the
proceedings
 Bottomline: If we were constrained to step out of
the document of the four walls of the election

returns, it becomes a pre-proclamation controversy
which is not allowed during canvassing.
 Issues that may be raised:
1. Illegal Composition of BOC
2. Illegal Proceedings of BOC- Improper venue, lack
of notice, terrorism, hurried canvassing (must be with
the intent to defraud or manipulate results)
3. Manifest Error
4. Doctrine of Statistical Improbability- number of
votes cast did not correspond to the number of voters
 Procedure to raise objections: Election Protest
after the proclamation
 Manual Elections:
Canvassing – consolidate election returns to make out the total
of all the results coming from polling places.
 If somebody objects to an election result for a certain
polling place on the ground that the election return was
prepared under duress, it becomes a pre-proclamation
controversy because when you say that it was
prepared under duress, the board of canvassers is
constrained to investigate whether it was
indeed prepared under duress. They will call the
board of election inspectors, and ask whether the
electoral board if whether they were forced to prepare
such document. When you call the attention of the
electoral board, you are stepping out of the document.
The moment you step out of the document, it
becomes a pre-proclamation controversy which
is not allowed to be raised during canvassing
because it will delay/impede the proceedings.
 What if it is prepared under duress?
Two ways:
1. If the board of canvassers is convinced that it was
prepared under duress, it can use another copy of
the election returns.
2. If the board of canvassers was not able to notice that
the document was indeed prepared under duress. The
remedy is election protest but not during the
canvassing.
 What if fake election returns?
To verify whether or not is fake, we have to step out of the
election returns, it becomes a pre-proclamation
controversy which is not allowed to be raised.
 What if the teachers in the polling place does not know
how to appreciate the ballots (Misappreciation) They
counted the votes in favor of the nuisance candidate.
So there is a need again to open the ballot box and
open the ballots, so we are constrained to step out of
the document, in which it becomes pre-
proclamation controversy which is not allowed
during canvassing.
MANIFEST ERROR
 Exception to the pre-proclamation rule
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 Those that are evident to the eye and
understanding, visible to the eye, that which is
open, palpable, uncontrovertible, needing no
evidence to make it more clear, not obscure or
hidden.
 No need to step out of the document
 To be manifest, errors must appear on the
face of the COC or ERs sought to be corrected
and must have been objected before the board of
canvassers and specifically noted in the minutes of
their respective proceedings.
 Remedy against manifest error: BOC may
motu propio or upon verified petition by any
candidate, political party or organization or
coalition of political parties, after due notice and
hearing, correct the errors committed.
DOCTRINE OF STATISTICAL IMPROBABILITY
 What if the objection says that you move to
exclude that election returns on the ground that
were was a mathematical inaccuracy? Can we
correct that? Yes. Do we need to step out of the
document? The answer is no. Because it is already
inside the document and it is allowed because it does
not delay the proceedings.
 What if the objection is that the result of that
particular polling place is statistically
improbable (there are only 1000 registered
voters, but the mayor got 1020 votes)?
We can set it aside then investigate.
 What if the objection is that it was statistically
improbable, my candidate got 0 votes?
A 0 vote, standing alone, does not amount to statically
improbable.
 What if the objection is that it was statistically
improbable, my candidate got 0 votes, but my
wife and children is registered in that place?
But that is merely speculative.
 What if the objection is that it was statistically
improbable, my candidate got 0 votes, but he
himself is registered in that place?
There’s a probability that the candidate that he failed
to vote for himself, nasayop syag shade. So
speculative.
TERMINATION OF PRE-PROCLAMATION CONTROVERSY
 Upon Proclamation, provided valid proclamation, not
valid, no proclamation at all
 Upon Assumption of Office, PPC dies a natural death
Remedies: Election Protest or Quo Warranto
EFFECT OF FILING OF ELECTION PROTEST OR QUO
WARRANTO ON PRE-PROCLAMATION CASE
Will exclude PPC, can’t have both PPC and Election Protest
pending, Filing of Election Protest terminates PPC.

PART VII
PROCLAMATION
WHEN TO PROCLAIM?
 IF THE WINNER IS KNOWN
 When do we know that there is already a
winner?
If Automated = if the machine dispenses the certificate
canvassing proclamation.
If Manual= Done Total of votes
 What if the transmission is already 98% and
there are still two polling places wala pa na
transmit and that 2 polling places carry 2k votes.
But si mayor for example ni daog na by 20k
votes?
They can already be proclaimed because it will not
adversely affect the result of the elections.
 What if si mayor, vice mayor and 1-7 councilors
kay gi proclaim na kay the votes in the 2 polling
places will not affect the results of the election?
Partial proclamation – you did not proclaim
everybody because the remaining kay nag TIGI pa.
Because they are still waiting for the two polling place
that may adversely affect the result of the election.
SUSPENSION/ANNULMENT OF CANVASS AND
PROCLAMATION
 Suspend/annul proclamation - by virtue of the
COMELEC en banc or the supreme court (dili klaro)
SECOND PLACER RULE
 RULE BEFORE: Second placer cannot be proclaimed
winner if the 1st placer is disqualified or declared
ineligible. In the event the candidate voted for elective
position obtains the highest number of votes is
disqualified for not possessing the eligibility
requirements at the time of election as provided by
law. The candidate who obtained the second highest
number of votes for the same position cannot assume
the vacated position.
 RULE TODAY: We have to make a distinction, it
depends now on what disqualified the 1st
placer.
a. If you are a candidate to begin with but along the
way you lost your qualification because you
committed an election offense, the 2nd placer
cannot be proclaimed winner because you are a
candidate to begin with.
b. But, if you are a candidate who has a problem with
CARRL then it means that you are not a candidate
to begin with, regardless of the number of votes you
obtained
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For example you won by 100k votes, and the 2nd
placer who got only 1k votes. You cannot argue that
you have the number of substantial votes. Are we
gonna disenfranchise the 100k votes? Yes. Reason is
he is not a candidate to begin with. IOW, the rules does not
apply to you.
WHEN MAY THE SECOND PLACER BE PROCLAIMED THE
WINNER?
 When the COC of the first placer is deemed void ab
initio. 2nd placer proclaimed winner.
WHEN IS IT DEEMED VOID AB INITIO?
 When the candidate is disqualified under 12, 65 and 78
of the OEC. Considered not a candidate to begin with.
A. Sec 12, OEC
o Any person declared by competent authority as
Insane or incompetent
o Sentenced by final judgment for subversion,
insurrection or rebellion
o Or for any offense which he is sentenced to a
penalty of more than 18 months or for a crime
involving moral turpitude is disqualified to be a
candidate and to hold any office
B. Sec 65, OEC- cross reference Secs 39 and 40 of
LGC
o Sentenced by final judgment for an offense involving
moral turpitude or for an offense punishable by 1 year
or more within 2 years after service of sentence
TN: 2 years after service of sentence, it presupposes that
you can take it back but it is subject to the qualification
that it depends if the penalty of conviction carries with
it the accessory penalty of Perpetual disqualification to
hold public office, the 2 year period will not apply.
o Removed from office as a result of an administrative
case (Case in point: Gwen Garcia)
o Dismissal by Ombudsman is executory but not yet final-
but subject to appeal
o Conviction by final judgment by violating oath of
allegiance to the RP. These are Acts of disloyalty to the
government:
 Rebellion
 Sedition
 Violation of firearms law
o With dual citizenship
o Fugitives from justice in criminal or non-political cases
here/abroad
o Permanent residents outside the country
Domicile: Now take note that for as long as you have intent
to go back to that place, that intent replaces physical presence.
However, If you are permanent resident of a foreign country,
You cannot invoke domicile, because you already abandoned
domicile
o Insane or feebleminded

C. Sec 78, OEC
o Person whose COC is denied/cancelled due to false
material misrepresentation of its contents as required
under Sec 74 of the OEC
o Sec 78 talks about falsity or material
misrepresentation.
o Not all contents of the COC pertain to CARRL. Because
when you say material misrepresentation it means that
you misrepresented something that is pertaining to
CARRL. Because it is possible that you committed a
falsity but it is NOT MATERIAL.
Example: Mamakak ka sa imong gender. Imo gibutang female
bisag male ka. It is misrepresentation but not material because
gender does not pertain to CARRL. Example: Namakak ka sa
imong occupation It is misrepresentation but not material
because occupation does not pertain to CARRL. KLARO TA
DIHANG DAPITA HA
Another Example: Marital status has nothing to do with CARRL
•The rule that Material Misrepresentation has something
to do with CARRL is NOT ABSOLUTE.
Examples:
Perfect ka under CARRL, however, ni exceed ka sa imong 3 term
limit, so you are still not qualified even you have CARRL. Now,
how does that happen, it is because in your COC daghan na
siyag mga statements/questions blabla and you are go put there
that you are eligible to the office that I aspire. IOW, you have
CARRL – perfect. But your 3 term limit will disqualify you
because there is falsity and it is material even it does not
pertain to CARRL.
What if you said that you are eligible but you have a case nga
the accessory penalty is perpetual disqualification from public
office. THE SAME as 3 term limit, it is still material
misrepresentation even it does not pertain to CARRL.
 When may be a COC be deemed VALID from the
beginning?
If disqualifications pertains to prohibited acts under Sec 68 of
the OEC: Vote buying, Acts of terrorism to enhance his
candidacy , Overspending for what he is allowed to spend,
Violated other sections of the OEC
 IOW, You are a valid candidate if:
 At the filing of the COC you no problem with
CARRL
 You do not exceed the 3 term limit
 You have no disqualification under the criminal law
but along the way you did something to offend
election laws, it can disqualify you but the 2nd
placer cannot be proclaimed winner basically he is
not the choice of the people. IF THIS HAPPENS,
the position is going to be vacated. How do
you fill it out? Succession or appointment,
whichever is applicable.
EEFECT OF ASSUMPTION TO OFFICE
 Abandons the Pre-Proclamation Controversy
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PART VIII
ELECTION CONTESTS
ELECTION CONTEST, DEFINED.
 Any matter involving title or claim of title to an elective
office, made before or after the proclamation of the
winner, whether or not contestant is claiming office in
dispute.
 Javier vs COMELEC:
The word "contests" should not be given a restrictive meaning;
on the contrary, it should receive the widest possible scope
conformably to the rule that the words used in the Constitution
should be interpreted liberally. The term should be understood
as referring to any matter involving the title or claim of
title to an elective office, made before or after
proclamation of the winner, whether or not the
contestant is claiming the office in dispute.
ELECTION PROTEST, DEFINED.
 A.M. No. 07-4-15-SC, Rule 1, Section 3(d)
Section 3 (d) Election Protest - refers to an election contest
relating to the election and returns of elective officials, grounded
on frauds or irregularities in the conduct of the elections, the
casting and counting of the ballots and the preparation and
canvassing of returns. The issue is who obtained the plurality of
valid votes cast.
 After the proclamation of the winning candidates,
should there be any dispute related to election
results, the legal solution is through an election
protest that may be filed only by a losing candidate for
the same position being challenged before a proper
electoral tribunal
 Who can file and against whom? Candidate who
has duly filed a CoC for the same position against a
candidate proclaimed as winner
 When to file? Within 10 days from Proclamation
 Grounds to file:
A. Fraud
B. Terrorism
C. Irregularities or
D. Illegal acts committed before, during or after
casting and counting of votes.
-Not exclusive because by your action or inaction, your Election
Protest can be dismissed (Abandonment of Protest)
 Where to appeal?
A. From MTC & RTC – Comelec (within 5 days after
promulgation)
B. From COMELEC, SET, HRET – Supreme Court (via
petition for review – Rules 64 & 65: Grave abuse of
discretion amounting to lack or excess of jurisdiction)
QUO WARRANTO, DEFINED
 A.M. No. 07-4-15-SC, Rule 1, Section 3(e)
Quo Warranto under the Omnibus Election Code - refers to
an election contest relating to the qualifications of an
elective official on the ground of ineligibility or
disloyalty to the Republic of the Philippines. The issue is
 Page 13 of 47

whether respondent possesses all the qualifications and

none of the disqualifications prescribed by law

 Who can file Quo Warranto? Any registered voter

 Can a candidate file Quo Warranto? No. Even if he

files QW against the winner and the latter will emerge
as the losing candidate, the Protestant cannot be
proclaimed the winner; Filing a QW would require one
to certify that he is not a candidate for the same
position

EXECUTION OF JUDGMENT PENDING APPEAL

 When allowed?

a. There must be a motion by prevailing party with

three-day notice to adverse party. (Moved for the
Execution)
b. Execution pending appeal does not issue without prior
notice and hearing.
c. There must be good reason for execution pending
appeal. (e.g. layo na kaayog biya)
d. The court, in a special order, must state good reasons
justifying execution pending appeal
e. Such reasons must constitute superior
circumstances demanding urgency that will
outweigh injury or damage should losing party secure
reversal of judgment on appeal, and be manifest, in
the decision sought to be executed, that defeat of
protestee or victory of protestant has been clearly
established.

 Effect:
GR: Appeal stays the execution
XPN: When you are allowed by court pending appeal

EFFECT OF FAILURE TO PAY APPELLATE DOCKET FEE

Failure is Jurisdictional. Protest can be dismissed.

ABANDONMENT OF PROTEST

 Santiago vs Ramos: When Miriam Santiago lost the

Presidency, she claimed that she was cheated by
Ramos. However, in the middle of the protest, there
was also the Senatorial elections. Because of her
popularity, she ran for Senator and won while her
Presidential protest was pending. Constitutes
ABANDONMENT. What does she really want? To be
Senator or President?

 Jurisdiction for QW:

a. Barangay Officials: MTC

b. Municipal Officials: RTC
c. Provincial and City officials: COMELEC
d. District Reps: HRET
e. Senators: SET
f. Pres and VP: PET (TN: If PET decides, cannot
appeal to SC because that is the SC already,
but can MR not to SC but to the PET)

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LAW ON PUBLIC OFFICERS
PART I
INTRODUCTORY CONCEPTS
A. Public office, defined
Define public office in the Constitution. Article XI: “Public
office is a public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives.”
CORNEJO VS GABRIEL (GR: Public Office is not a
property right)
 Public office not being a property. What did
the SC about “public office is not being a
property, it is a public trust”? If you are a
public officer, you are not the ruler of the people,
because you only hold it in trust of the country.
IOW, mere transient to public office. You being a
mere holder in trust in the public office, your
continuation is subject to the limitations imposed
by law. That limitation is the disciplining authority
preventively suspends you.
 In your election law, what’s the equivalent?
Term of office, depending on the position they are
vying for, they will not be occupying the said
position forever. There is a number of years that
is prescribed by law. Also, Term limit, it would tell
us that it is temporary in character so that you can
prevent the public official from developing
proprietary interest from the office.
 When you say preventive suspension, is that
a penalty? No.
 If it is not a penalty, what is its purpose?
a. To avoid tampering of evidence
b. To avoid influencing of witness
When you say due process, prior notice and hearing, are
dispensed with because preventive suspension is supposed to
be a surprise. Violation of due process is not yet available
because PS is not a penalty. Preventive suspension is a
precautionary measure. The public officer will not be
unseated as a public officer. It’s just that for a specific period he
will not be able to perform the functions of his office.
 Today, what is the equivalent of a Municipal
President? Municipal Mayor, because the one
trying to discipline the Municipal President is the
Governor. Today, the one who has the disciplinary
authority for the Mayors is the Governor. So based
on this analogy, it can be said that the Municipal
President is the Municipal Mayor today.
 Public office, not being a property, there is
no vested right in it.
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GR: Public office is not a property, you have no proprietary or
contractual right to it. No vested right.
EXP: Segovia v Noel - The terms of the law that takes it out
of you are unclear
SEGOVIA VS NOEL (Exception to the rule that you have
no right over your public office)
 What was unclear? Two sections that are
contradictory.
 Why was the SC constrained to apply the
law prospectively? If there is ambiguity, let us
apply the law prospectively, so as not to injure the
rights of the justice of the peace. Although we said
that you have no vested right to public office, you
have some right to it. IOW, it cannot be taken out
of you whimsically or arbitrarily. In this case it is
arbitrary, because the terms of the law were
unclear.
 Does RA 3019 define what a public office is?
No.
 In Sec 2(b) RA 3019, does it define who is a
public officer? No. It merely enumerates.
 Art 203, RPC, does it define public officers?
Yes
a. By popular election
b. By appointment
c. By direct provision of law
 What is the purpose of the above? Do they
define who are public officers? No. It is only
the manner by which a person becomes an
employee of the government. IOW, three modes
by which one can become a public officer.
 What do you understand by direct provision
of law? If the law creates a certain office and
enumerates, some of it may be appointed. No
need for a separate appointment.
 A law creating an IT department it says that
the secretary will be RUBIEROSSE
DONGALLO, if the law names that person,
does it violate the equal protection clause?
It will violate.
 In election law, what is an example of
appointment by direct provision of law?
Board of Canvassers - no mechanical act of issuing
an appointment paper for them. If it is not to be
done by express appointment, they are appointed
by direct provision of law.
LAUREL VS DESIERTO (Characteristics of Public Office;
Most important characteristic is the delegation of
sovereign functions)
 Characteristics of a public office (Mechem)
a. Delegation of a sovereign function
b. Compensation/Salary
c. Continuance
d. Designation

e. Oath
f. Scope of duties
g. Creation by law and not by contract
 How did Laurel argue in so far as
continuance is concerned? No continuance
because chair in NCC is ad-hoc.
 What do you mean by ad hoc committee?
Temporary, Co-terminus
 How did SC address in so far as
compensation is concerned?
Salary/Compensation is not the essence of public
office, it is a mere incident.
 What is the controlling characteristic?
Delegation of a sovereign functions. IOW, if
the public office is vested with sovereign functions,
you are a public officer, regardless it is temporary,
regardless if you receive any money from the
government.
 What do you understand by sovereign
functions? Anything that redounds to public
benefit. Need not be monetary or material benefit.
In this case, it is to promote cultural heritage.
 How does the centennial celebration
redound to the public? We can never
understand the present without knowing the past.
It helps us understand why we are like this as a
people - unquantifiable.
 If I am in the judiciary, I don’t perform
sovereign functions? No. Because sovereign
functions apply to the three branches of the
government.
 All other characteristics may not factor
provided there is delegation of sovereign
functions, what is its equivalent in labor
law? Fower of control or control test. In the
government, sovereign functions. In labor law,
control test.
ABEJA VS TANADA
 There was a protest and a counter protest, aside
from that along the way somebody died, was the
substitution proper? Public office is not a property
that can be transferred to the heirs
 Can not the widow in this case argue that she
was the one who spent the expenses incurred
during the bringing up of the litigation? Court
only acquires jurisdiction over the protestant and the
protestee, outside that, court has no jurisdiction.
 Was the vice-mayor allowed to intervene in this
case? Yes. He is next in rank pursuant to succession.
He has interest
 Are you aware that in civil service, mother dies
or retires. Here comes daughter appointed. How
do you reconcile? It can be allowed if the daughter
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is qualified. Property is personal to the incumbent. In
other words, it means that if you have a daughter who
is equally competent, she can be but it is only for
humanitarian considerations only. Hence, not
demandable as a matter of right. Because there is no
prohibition for relative to be appointed.
B. Public officer, defined.
SERANA VS SANDIGANBAYAN
 What was the main contention of Serana in
saying that the OMB does not have jurisdiction
over her? That she is not a Public Officer
 Why not? Because she is merely a student regent;
She did not receive salary; She paid tuition fee
 How was it addressed by SC? As a student regent,
she still performs sovereign functions
 Aside from Administration, what does a student
regent do in a university? Deliberation and
Formulation of School Policies
 In the formulation of these policies, where is the
sovereign function there? It is for Education
TN: "Redound to the benefit of the public" need not be
monetary, social services or building of infrastructures,
it could also be something intangible like Education or
Cultural Heritage (Laurel case)
 How did the SC address her argument that she
could not be charged with estafa as the money
did not come from public funds but from the
pocket of the President? Will this not negate
sovereign functions? It came not from President
Estrada's pocket but from the Office of the President;
No. For as long as you can establish that there was
delegation of sovereign functions, regardless of where
the money came from, you are a public officer
 What was the scheme employed by Serana?
Registration of the Office of the Student Regent
Foundation Inc. (OSRFI) before SEC
JAVIER VS SANDIGANBAYAN
 Given cash advance, what is it called? Liquidation
 She is a private sector representative, hence she
could not be charged because she is not a public
officer, how was this addressed? She was still
delegated with sovereign functions
 What is so sovereign about the Book Publishing
Industry? IOW, how does it redound to public
benefit? Performance of Sovereign functions does not
necessarily mean that everyone should benefit, as the
number of people that would benefit does not
matter. Redound to the benefit of the public could
either be DIRECTLY (only a few, or for one person
only ex. Presidential Security Group for the President)
or INDIRECTLY (majority of the people or substantial
number of people)

CONCERNED CITIZENS OF LAOAG CITY VS ARZAGA
 Are you saying that one's private acts could still
affect one's public office? Yes. In this case,
influence peddling
 Notoriety. Does this mean that it does not follow
that there must be conviction first for a public
officer to be dismissed? Yes.
 The close of office hours and you stepped out of
office, or even when you quarrel with neighbor,
still public officer? Yes. Art. XI of the Constitution is
clear that: "Public office is a public trust. Public Officers
and employees must AT ALL TIMES be accountable
to the people, serve them with utmost Responsibility,
Integrity, Loyalty and Efficiency, act with patriotism
and justice and lead modest lives." Hence, no
distinction, covers both public and private acts
 Even if it relates to one's private act, can still
affect public office, purpose. "At all times be
accountable". In this case, to protect integrity of public
service and confidence of the people in the
administration of justice. Notoriety will erode public
trust and confidence.
GO VS SANDIGANBAYAN (For purposes of jurisdiction, a
private person can be considered a public officer if he is
a conspirator)
 Did Go perform sovereign functions? No.
 Purely private person vis-a-vis jurisdiction of
the OMB/SB. For purposes of jurisdiction, a
private person can be considered as a public
officer if he is a conspirator. In this case, Go, as a
conspirator of the DOTC Secretary Rivera was also
deemed to have violated the law and was considered a
public officer
 Can not the particular private person argue that
he should instead be tried in the regular courts
while the public officer before the SB? IOW,
What is the danger of splitting suits? No. Apart
from avoiding multiplicity of suits and conflicting
decisions, it is important to note that in Conspiracy,
regardless of one's level of participation, "THE ACT OF
ONE IS THE ACT OF ALL".
AZARCON VS SANDIGANBAYAN (exception to the rule
that performance of sovereign functions makes one a
public officer)
 What is distraint of property? seizure of
property in order to obtain payment of money
owed
 What happened to the distraint property? It
was lost which led to the filing of a case for
Malversation of Public funds or Property against
Azarcon
 How did the SC address the issue on
jurisdiction? SB has no jurisdiction. Although
Azarcon was merely designated as a custodian by
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the BIR who does not have appointing authority
only designation, he could not be charged as a
public officer because to begin with, the origin of
the appointment was void.
IOW, if there is a void appointment, one cannot be
considered a public officer. Void appointment cannot be
cured by the performance of sovereign functions.
 If he is not a public officer nor is he performing
sovereign functions (although virtually he did),
what is he then? De facto officer
C. Kinds of public officers
SAMPAYAN VS DAZA (GR: Entitled to Salary)
 Who petitioned against the congressman? the
residents in their capacities as registered voters
 On what ground? Daza is a green card holder
 In so far as residency is concerned, what do you
mean by green card holder? immigrant status,
abandoned old domicile, problem with CARRL Negado
 When did they file the petition against Daza?
After proclamation
 What is that remedy? Quo warranto on the ground
of ineligibility
 Was Daza disqualified? Yes, but the decision
became final only after his term of office
 Was he entitled to the salaries of the public
office? Yes, since he has already served his term of
office
 What justifies the payment of emoluments to a
public officer who was subsequently declared
disqualified by proper authorities? Acts of a de
facto officer are valid as that of a de jure officer
 Is it not unfair to the de jure officer who would
have wanted to work but was barred? No.
because the de jure officer was not able to serve, thus,
there is no ground for him to be entitled to the salary,
unlike a de facto who had actually rendered services
 Who is de facto officer? An officer who appears to
have validly held an office when in fact under the law,
he is not.
 What was it that he banks on which gave him
the color of authority? Proclamation
DIMAANDAL VS COA (XPN: No valid designation)
 What was his position prior to the designation?
Supply Officer II
 What was the argument advanced by COA for
disallowing the claim for differential in salary
and RATA? Dimaandal was merely designated as
an Assistant Provincial Treasurer for Administration in

addition to his regular duties. As such, he is not
entitled to receive an additional salary and the
difference in RATA provided for under the Local
Budget Circular issued by the Department of Budget
and Management considering that the party
designating him to such position is not the "duly
competent authority," provided for under Section
471 of the Local Government Code.
 What is RATA? Representation and Transportation
Allowance, similar to a monthly allowance.
 Dimaandal argued that he did not perform his
functions as a supply officer but was focused as
an acting assistant provincial treasurer what do
you think was the reason why he advanced such
argument? He wanted to argue that it was not a mere
designation but appointment per se so he could get the
full amount of the salary
 How do you connect it to the definition of
designation? It was not designation because
designation presupposes added duties and one is still
with the former position.
 Define designation. Possession of an office with
additional duties
 Was the governor authorized to designate him?
No. only the President or Secretary of Finance
 How did the governor justify his designation? it
was only temporary
 How did the SC address this issue? Albeit
temporary, still the governor does not has the power
to appoint.
 Was he entitled to the salary differential? No,
because there was no valid designation, designating
authority had not power to do so
 Was he asked to reimburse? Yes
 Were the acts he performed as an assistant
provincial treasurer valid? Yes, because the issue
is not on the acts but whether or not there was
entitlement to salary.
GENERAL MANAGER OF PPA VS MONSERRATE (XPN to
XPN: Accepted lower position)
 Why is there a differential? There was a difference
between the salary of the higher position and lower
position
 Where was she occupying the whole time, the
lower or higher position? lower position
 Did she protest the appointment? Yes
 Was it a continuing protest? Yes
 How come she agreed to occupy the lower
position? While she consistently protested, in the
meantime, she was also occupying the lower position;
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Also the fault of the commission for failing to promptly
act on the protest
 Can she be entitled to the salary differential
between the higher and the lower position
considering that time she did not work in the
higher position? exactly why this case is the
exception to the exception because in this case, she
agreed and accepted another position instead of
choosing to not work at all
 Reason why only differential? To avoid double
compensation
 How do you connect the cases of Sampayan,
Dimaandal and Gen Manager? One liner
connecting all cases:
GR: De facto officer entitled to salary
XPN: No valid designation to begin with
XPN to XPN: The de jure officer agreed to occupy a lower
position, entitled only to the salary differential
LAUD VS PEOPLE
 Davao Death Squad is otherwise known as? DDS
 When you say there must be a de jure office, is
that there must be a de jure office or de jure
officer? de jure office.
 In this case, what is that office? As the Vice-
Executive Judge
 What is the other element? Color of Authority
 Was there a color of authority? Yes.
 How was it shown that there is a color of
authority? When he was first assigned there although
later on he was divested and the acquiescence of the
public
 How was the acquiescence of the public shown
in this case? Through the endorsement of the clerk
of court
 Who gives or endorses the application for search
warrant to the Vice- Executive Judge? Clerk of
court. The fact that the clerk of court, another public
officer, endorses the application for search warrant to
the VEJ, there is public acquiescence. In this case, if
Laud was not the VEJ, why would the clerk of court
submit the search warrant to him to begin with? So
that alone will tell us that there is public acquiescence.
 Was good faith shown here? Was he in good
faith given the fact that he had administrative
penalties? Why? Yes, because the contrary was not
established. In other words, there was a presumption
of regularity that performs his duties, presumption of
good faith.
 If you are a candidate for example and you
cheated your way to becoming a Congressman.
However, you are in bad faith on your part only,

because there was an appointing authority that
proclaimed you without you asking for it, and
the authority no less would tell you that you will
become a public officer, by virtue of
proclamation or appointment. Does bad faith
matter? It depends. If there is an authority that
legitimizes you being in public office, your bad faith
doesn’t matter. However, it might matter if you knew
that the appointing authority had no jurisdiction to
begin with and you were in collaboration or in cahoots
with the appointing officer.
 Why do we have the de facto doctrine? The
treatment of a de facto officer's acts is premised on the
reality that third persons cannot always investigate the
right of one assuming to hold an important office and,
as such, have a right to assume that officials apparently
qualified and in office are legally such. Public interest
demands that acts of persons holding, under color
of title, an office created by a valid statute be,
likewise, deemed valid insofar as the public — as
distinguished from the officer in question — is
concerned. Indeed, it is far more cogently
acknowledged that the de facto doctrine has been
formulated, not for the protection of the de facto
officer principally, but rather for the protection
of the public and individuals who get involved in the
official acts of persons discharging the duties of an
office without being lawful officers.
Question last year in the exam: The twin brother acted in behalf of his
twin brother who got sick (dengue). Was the twin brother a de facto
officer? Why or Why not? No, because there was no color of authority.
 Elements of de facto doctrine.
(a) there must be a de jure office;
(b) there must be color of right or general
acquiescence by the public; and
(c) there must be actual physical possession of
the office in good faith.
 If he is not a de facto officer, what is he then? A
usurper
CODILLA VS MARTINEZ
 Who was that ranking councilor? The first
councilor
 The first councilor got sick, who was designated
by the first councilor? Martinez, the third councilor
 Was he a de jure or a de facto officer? De facto
 What was the root problem in this case? Who
should have been the designating/appointing
authority? Provincial governor. IOW, the person was
not the designating authority. There was an invalid
designation.
Atty Guji: During the time the appointee/designee was serving,
these Acts performed are valid to protect public interest. Also,
prior to the declaration of invalidity or voiding, there was validity
in so far as the
actions are concerned.
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 But how can this be? Martinez is still a de facto
officer, notwithstanding the invalid designation
 What makes the case special? (1) Ratification by
the mayor of the acts of Martinez and (2) Ra 557
removal was valid, replacement of non-civil service
eligible with civil service eligible is valid. IOW, the acts
are valid but the actor is invalid.
D. Who may be public officers: eligibility and
qualifications
 Who prescribes qualifications
o By Congress, when it creates an office it also
provides for qualifications.
o Creation of office is legislative in nature.
o Congress, however, does not have
appointment power as the latter is
essentially executive in nature and if it
were executive in nature, department heads
have the discretion to appoint and this
discretion cannot be restrained by the CSC not
even by the courts, unless there is grave
abuse of discretion.
o Grave abuse of discretion happens only when
there is a replacement of the judgment of the
appointing authority and if the appointing
authority appoints somebody who does not
posses the minimum qualification set forth by
law.
 Time of possession of qualifications:
Elective: Frivaldo doctrine, at the time of assumption of office
Appointive office: at the time of appointment
MONSANTO VS FACTORAN (GR: Pardon does not
automatically reinstate, it merely restores eligibility for
appointment)
 Are you saying that pardon does not
obliterate the crime? Yes. Forgive lang but
not forget charot
 When was she pardoned and what was
her argument? Before final conviction. She
argued that she is not convicted to begin with
and that she is entitled to presumption of
innocence.
Atty Guji: The conviction was pre-empted by the pardon
 How did the SC address it? Acceptance of the
pardon implies admission of guilt. So regardless if it is
given to you before or after conviction, there is that
admission of guilt.
 If you are pardoned, what do you need to do to
complete the pardon? Accept the pardon.
Implication of acceptance is admission of guilt.

 If you are pardoned, you have no right to be
reinstated right away, what does pardon give
you back then in so far as public office is
concerned? Eligibility/qualification to be a public
officer but not the office because you need to re-apply.
 If you were the appointing authority, are you
going to take back the pardoned officer? No.
Because she is so adamant. She refused to reimburse
the civil liability because that she was pardoned.
GARCIA VS CHAIR OF COA (Exception to Monsanto)
 Was he acquitted? Basis? Yes. Basis is pure
innocence.
 What was the criminal case? Qualified theft
 What was the fact that told us that he did not
commit the crime? He was authorized to take out
the poles
 Why was there a need for the president to grant
executive clemency when there was already
acquittal? 3-fold liability being independent from each
other, with the executive clemency, it extinguishes all
your liabilities, AS SUCH, you are able to hold public
office again.
 Is COA, an independent body, subject to the
power of control of the president?
 If the acquittal is based on pure innocence?
Entitled to reinstatement.
 If you are the judge, how will you write the
dispositive portion? WHEREFORE… did not commit
the crime
 Dispositive portion if based on proof beyond
reasonable doubt? WHEREFORE… the prosecution
was not able to prove the elements constituting the
crime.
Atty. Guji: Discern WON if the dispositive portion if based
on pure on innocence or based on proof beyond
reasonable doubt
 What if a case is filed against you and the
decision now says that wherefore, Mr. MDP is
acquitted, does that affect your administrative
liability? The administrative case should not be
vacated just because of that because the quantum of
proof is different in criminal cases it is beyond
reasonable doubt while in administrative cases it is only
preponderance of evidence.
 If the dispositive portion has said that Mr. MDP
was acquitted because of insufficiency of
evidence, does that remove the administrative
case? No. because it was not on the ground of
innocence.
 So what if now the dispositive portion says Mr.
MDP is now acquitted because of failure of the
prosecution to prove the essential elements of
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the crime what is the effect on the
administrative case? It still does not terminate,
because it doesn’t mean that you are pure innocent.
The problem is the prosecution was not able to prove
all the elements essential for the crime but the fact that
a case was filed against you there is already that
problem.
 What if the dispositive portion now says that Mr.
MDP is acquitted because he did not commit the
crime, what is the effect on the administrative
case? It will be dropped because of pure innocence.
Atty Guji: If the acquittal is based on innocence, you can get
back to your previous position. If it is a job order employee, it
does not go to the CSC that is why there’s no employee-
employer relationship with the government but for casual
employees there is EE-ER relationship.
 Quantum of Proof
Administrative case – substantial evidence
Civil case – preponderance of evidence
Criminal Case – guilt beyond reasonable doubt
Overwhelming evidence – In this, there is no more doubt,
everything points to you as the culprit.
Proving bad faith- clear and convincing evidence
MAGDALO PARA SA PAGBABAGO V. COMELEC
 How did they seize the Oakwood Premier
Apartments? They wore full (battle) gear and they
seized the place. In so far as that premises are
considered? They held hostages.
 Was it established whether they really employ
violent means? Yes. It was at the time of mutiny.
 What was the motivation? Why did they do that?
Were they happy with the administration? No.
They don’t like the president (they are not happy with
the president). They wanted to overthrow the
president (Gloria Arroyo; so as with her cabinet
members) who was founded with a lot of serious
allegations of graft and corruption.
 Did the COMELEC grant the accreditation? No.
because their partylist was actually using violent means
which are prohibited under the Constitution for
accreditation of the partylist.
 Was the COMELEC upheld by the court insofar as
the disapproval of the accreditation of the
partylist is concerned? Yes.
 However, what happened? There was an amnesty
granted to the members of the said partylist by
President Arroyo so they contended that since they
were already forgiven, the accreditation/registration
should not be denied, provided that they will present
individual written affidavits stating that they would
renounce the use of violence or other harmful means
to achieve the objectives of their organization.

 What is the implication of the amnesty insofar
as their offenses were concerned? Their offenses
were pardoned. But with regards to registration, it has
no affect.
 What is the effect of the amnesty insofar as in
their continuity as public officers? Were they
reinstated? Some of them were reinstated, some of
them were not
 What offenses were involved in the amnesty?
What does it forgive? Political offenses
 When they seized the apartments, was that
something political? Yes. Because the purpose was
coup d’etat
 How do you read the terms and conditions of the
amnesty that was granted by the president?
 What if during that time, Trillanes saw a grand
piano in the hotel and because he cannot play
the grand piano, he smashed it. Will he be held
liable for smashing the grand piano despite the
amnesty? Yes. Because its not connected with the
terms and conditions of the amnesty granted to him.
(This is a civil liability, not covered by amnesty)
 What if during this mutiny, Trillanes also raped
a woman, can it be included in the amnesty? No.
Because there is nothing political in it.
 How do you distinguish amnesty from pardon?
In amnesty, the person granted with it doesn’t need
to accept the grant, they need to apply. When you
apply, you’ll have the terms and conditions. By virtue
of applying, you accept the terms and conditions of the
amnesty. While in pardon, the person granted by the
pardon needs to accept the grant.
Amnesty: Must apply, no need for acceptance
Pardon: Acceptance is needed
 Amnesty, it needs the concurrence of the
Congress and granted by the president. Who
was the president that they were against? Arroyo
 Who was the president that granted them
amnesty? Aquino
 Who participated in the amnesty? President and
Congress
 Can the succeeding president voided the
proclamation of amnesty executed by a former
president? No. Because there was a concurrence by
Congress
 Insofar as continuity of public office is
concerned, because in pardon, the person is not
automatically reinstated in their position,
except when the pardon extended was based on
pure innocence, what about amnesty? Does it
automatically give you the right to be back in
your position? No. Because you need to apply for it.
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Also, it depends upon the terms and conditions of the
amnesty.
Atty: Pardon, you forgive, but don’t forget. Whereas
amnesty, it forgives and forgets, like nothing happens
because it is a political offense.
In pardon, if it is based on pure innocence, what happens
there is that there’s going to be an automatic reinstatement.
But you need to qualify that because when we say automatic
reinstatement, we mean that it can be demandable as a
matter of right but not necessarily you force the person
to be back (because what if you say okay, automatic
reinstatement, but nangluod na ang tao, di na siya mobalik).
E. Formation of relations
 There are 3 ways by which you could become a public
officer, by election, direct provision of law and
appointment.
 CSC jurisdiction: to approve or disapprove. Approval is
not the proper term but Attestation which means that
the CSC is going to vouch that the appointee possesses
the minimum qualifications set forth by law. Approve
or disapprove: black and white, no middle ground. CSC
cannot say, ok we will approve this as temporary
pending the compliance with the other minimum
qualifications, cannot be done.
 By direct provision of law, without naming names, you
are appointed. When you say direct provision of law, it
does not provide for the appointing authority. If you
need an appointing paper, who issues that? Nobody,
because the law already says you are appointed and
the law does not provide for an appointing officer.
What if somebody issues an appointment? it doesn’t
matter anymore because that would be redundant
because it’s the direct provision of law. When you say
ex officio it means by virtue of office. Example, the
president, there are a lot of ex officio councils of the
president under the constitution, so no need of
appointing papers. But if the law provides for an
appointing officer, that’s the time you are going to
issue an appointment.
CENTRAL BANK VS. CSC
 What was the reason why the civil service
commission tried to void the appointment of one
person for a valid position? The civil service
commission was looking for someone better than who
was appointed. They saw that the person who was
actually appointed wasn’t qualified enough to actually
possess that position.
 When you say not qualified enough, did that
person possess the minimum requirements? Yes
 Can the civil service void the appointment of the
first person who just possess the minimum
requirement because there’s this someone who
is better qualified than him? Can he do that? No.
Because as long as a particular official has met the
minimum qualifications and complied for the
requirements for that position then even if there’s

someone who is better than him, does not qualify that
someone better to actually possess full rights and
authority over the position.
 There’s a position that requires minimum
qualification of a law graduate. You are the
appointing officer, there are two guys who
applied for that position. First guy is a law
graduate, while the second guy is a bar
topnotcher, you appointed the law graduate.
Now the civil service said, what are you doing
appointing authority? The difference is so
blatant. It’s a no brainer. You should appoint the
bar top notcher. Can the civil service do that?
The CSC cannot do that because their only function is
to check whether or not the appointed officer complied
with the requirement.
 What’s the reason? Why is the CSC without
jurisdiction to even replace the judgment?
Because it has no appointing authority. It is the
appointing officer who appoints. The CSC only limited
to check if that appointing authority exercises it
accordingly.
 You are the appointing authority, what do you
have that the CSC cannot encroach? The
appointing authority has the wide array of
discretion.
 What if these two guys apply for the position,
then they are equally qualified, who will you
going to choose? What will make a difference?
Trust and confidence
Atty: CSC, to check whether or not the person has met the
minimum qualification.
 Are you saying then that the CSC is without
authority to appoint? Yes. Because since their
function is, as provided by law, to ascertain whether
the person is qualified or not.
 Is that absolute? No. Because there are exceptions
 Are you saying then that the CSC can appoint? It
can but only those employees under the CSC.
 Who reviews their appointment? The law.
LACSON VS. ROMERO
 When you say acceptance, it completes the
appointment. What is the best evidence of
acceptance? It would be for the appointee to actually
assume the office.
 When you say you assume the office, what do
you exactly do? What is the first step? You report
to the office before you assume
 What if there is already the appointment and
you receive the appointment today, when
should you assume office? Within 30 days from the
appointment
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 What if you’re not able to do so? Your appointment
will going to be revoked. You apply again.
 In election law, when you’re appointed, how
soon should you assume office? 6 months
 What happens if you’re not able to do so? Will be
there a criminal violation? Yes. You are criminally
liable for breach of duty because when you are
proclaimed the winner, your duties will no longer be a
matter of right but a matter of duty to perform the
functions.
 Appointment process: Nomination,
Confirmation and Acceptance. The acceptance
completes the process of appointment. What if
there was no acceptance? There was no
assumption to office? What happens to the
appointment? Is it invalid? Still not considered
invalid. The first two is still considered an offer. Since
no man can be compelled to accept an office, so it is
still considered as an offer on the part of the appointing
authority. The process of appointment is
incomplete.
 If you are going to be appointed as prosecutor,
does your appointment needs to be processed
by the COA? No. For prosecutor, the process is
nomination or appointment and acceptance.
 If that is the case, then why did I assign this
case if it is not entirely applicable because
again, if you are a prosecutor, you don’t need a
confirmation by the COA? What do you think I
was trying to emphasize on? The process of
appointment cannot be completed without the
acceptance. Acceptance is essential.
Atty: We emphasize that when you are nominated, it’s a mere
offer. It’s not yet the appointment. When you accept from your
end, that completes the appointment so when it’s not
completed, you cannot say that it is invalid. It is merely
incomplete or ineffective or unenforceable.
SEVILLA VS SANTOS
 What does it mean when you are designated? It
means that there is an additional duty.
 How do you distinguished designation from
appointment? Appointment, there is a selection of an
individual to public office by someone who has an
appointing authority while in designation, there is
merely additional duties upon a person already in the
public office by virtue of an earlier appointment or
election.
 Can you appoint somebody who is a stranger in
the government service? Yes.
 Can you designate somebody if he is a stranger
to the government service? Why? No. You need to
be in public office because in designation, it is only
additional duties. It presupposes that you are a public
official first before you are designated to another
position because it means that it is a mere addition.

Atty: Take note that if designation, it presupposes that you are
a public officer to begin with. But appointment, even if you are
a stranger, you can be appointed.
 Do you remember the case where somebody
was designated custodian of strained property?
But the SC said that despite the fact that being
a custodian or safekeeper of the distraint
property which is the performance of a
sovereign function, he is not considered as
public officer because the SC said that there was
no authority to designate him (Azarcon case).
Vis-à-vis this case, how do you explain that that
designation was not allowed by the SC? It
negates the designation. Because in designation, it
presupposes that you are a public officer to begin with
and you’ll be added with more responsibilities because
you are so good and efficient.
 (Azarcon case) Prior to the designation, what
was he? Azarcon was a private person
 So what happened then? Was he allowed? No.
Because as a mere designee he has no vested right
over the position so he cannot complain (he was trying
to petition, he filed a quo warranto)
 Why was he not authorized to petition a quo
warranto? Because he was not entitled to the
position, he was not appointed, he was merely
designated.
SANTIAGO VS COA
 In the government, if you're going to retire, the
basis of your retirement is your latest salary.
There are instances where for example,
promotion and there is a choice between a
younger and an older applicant who is about to
retire already. Chances are, the older one will be
favored than the younger for humanitarian
considerations. In this case, however, there is a
difference between designation and
appointment but if appointment is used in the
general sense, it includes designation. Why is
that so? it was to favor of the retiree
 What is in the law, why the need for us to apply
stat con? Because there is ambiguity as to won
designation and appointment are one and the same.
Thus, in case of doubt, we are going to favor the retiree
for humanitarian considerations.
 Aside from that, did not the SC found
somewhere else in the law which made it rule
that designation and appointment are one and
the same for the purpose of retirement benefits?
(Before dispositive portion) Retirement laws should be
interpreted liberally in favor of the retiree because their
intention is to provide for his sustenance, and hopefully
even comfort, when he no longer has the stamina to
continue earning his livelihood. After devoting the best
years of his life to the public service, he deserves the
appreciation of a grateful government as best
concretely expressed in a generous retirement gratuity
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commensurate with the value and length of his
services. That generosity is the least he should expect
now that his work is done and his youth is gone. Even
as he feels the weariness in his bones and glimpses the
approach of the lengthening shadows, he should be
able to luxuriate in the thought that he did his task well,
and was rewarded for it.
 Did you find that part where the SC got the basis
in saying that we can rule in favor of the retiree?
The provision includes in the highest salary rate
"compensation for substitutionary services or in an
acting capacity." Thus, need not always be conferred
by a permanent appointment.
SANTIAGO VS CSC (NEXT IN RANK RULE)
 Appointment to higher position is otherwise
known as? Promotion JMMlord
 Does the customs collector 2 have a vested
right? No. The one who is next in rank do not have a
vested right, he is only entitled to a preferential
consideration
 What happens if the next in rank rule will bind?
IOW what is its effect in so far as the appointing
authority is concerned? Why? It will curtail the
discretion of the appointing authority because the next
in rank rule would limit the appointing authority's
choice to only 1 person. As such, its wide discretion is
now curtailed, and it will no longer be wisdom or
political question but instead, its appointing power will
become a ministerial one. Hence, next in rank rule
will not bind, only given preferential
consideration.
 There is a civil service regulation which states
that if you’re the next in rank, you need to waive
the higher position. In your opinion, is this
valid? No as long as the appointee possesses the
qualifications to the higher position. The appointing
authority would in effect be imposing a condition which
curtails the power to appoint which is supposed to be
discretionary.
LAPINID VS CSC
 Was there evidence that he was more qualified?
The evaluation sheets
 The SC cited another case which would
somehow tell us that it's not about the
tangibles, you also have to consider the
intangibles. In so far as tangibles are concerned,
what do you think are tangibles in so far as
qualifications are concerned? Prior experience,
track record, achievements and awards, credentials,
TOR, certificate of employment
 How about intangibles? Personality,
Resourcefulness, Team spirit, Courtesy, Initiative,
Loyalty, Ambition, Prospects for the future, and Best
interests of the service.

 Was not the SC irritated already by the action of
the CSC? What irritated the SC? Yes.
First paragraph of the decision: The issue raised in this case
has been categorically resolved in a long line of cases
that should have since guided the policies and actions of
the respondent Civil Service Commission. Disregard of our
consistent ruling on this matter has needlessly imposed on the
valuable time of the Court and indeed borders on disrespect for
the highest tribunal, we state at the outset that this conduct can
no longer be countenanced. xxx
Whatever the reasons for its conduct, the Civil Service
Commission is ordered to desist from disregarding the doctrine
announced in Luego v. Civil Service Commission and the
subsequent decisions reiterating such ruling. Up to this point,
the Court has leniently regarded the attitude of the public
respondent on this matter as imputable to a lack of
comprehension and not to intentional intransigence. But
we are no longer disposed to indulge that fiction. Henceforth,
departure from the mandate of Luego by the Civil Service
Commission after the date of the promulgation of this decision
shall be considered contempt of this Court and shall be dealt
with severely, in view especially of the status of the contemner.
While we appreciate the fact that the Commission is a
constitutional body, we must stress, as a necessary reminder,
that every department and office in the Republic must know its
place in the scheme of the Constitution. The Civil Service
Commission should recognize that its acts are subject to reversal
by this Court, which expects full compliance with its decisions
even if the Commission may not agree with them.
 The law provides that the CSC could approve or
disapprove. However, in so far as disapproval is
concerned, the CSC construed it out of context
if the appointee possesses the minimum
qualifications, Can the CSC do something else?
No. The only function of the Civil Service Commission
in cases of this nature, is to review the appointment in
the light of the requirements of the Civil Service Law,
and when it finds the appointee to be qualified and all
other legal requirements have been otherwise
satisfied, it has no choice but to attest to the
appointment. IOW, no other choice but to
approve/disapprove only, it is a ministerial duty.
LUEGO VS CSC
 What impelled the CSC to stamp at the face of
the appointment as temporary? Effect of the
“Approve as temporary”? The protest by the
respondent. The stamping of the words "APPROVED as
TEMPORARY" did not change the character of the
appointment, which was clearly described as
"Permanent" in the space provided for in Civil Service
Form No. 33, dated February 18, 1983. What was
temporary was the approval of the appointment, not
the appointment itself. And what made the approval
temporary was the fact that it was made to depend on
the condition specified therein and on the verification
of the qualifications of the appointee to the position.
 Can the CSC do that? Approve but only
temporary? No. The Civil Service Commission is not
empowered to determine the kind or nature of
the appointment extended by the appointing officer,
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its authority being limited to approving or
reviewing the appointment in the light of the
requirements of the Civil Service Law. When the
appointee is qualified and all the other legal
requirements are satisfied, the Commission has no
choice but to attest to the appointment in accordance
with the Civil Service Laws.
 What if there's a position and it says that you
must be a law grad, must have attended
seminars, and must have 6 mos relevant
experience. What if you're appointed, and your
experience is only 3 mos. Can the CSC say that
ok, we're going to defer action on the
appointment? No. All the Commission is actually
allowed to do is check whether or not the
appointee possesses the appropriate civil
service eligibility or the required qualifications.
If he does, his appointment is approved; if not, it is
disapproved. No other criterion is permitted by law to
be employed by the Commission when it acts on — or
as the Decree says, "approves" or "disapproves" — an
appointment made by the proper authorities. Also,
Qualifications must be possessed at the time of the
appointment.
 For example you are an election officer who has
served for more than 2 yrs. but your status is
only temporary. However later on, the CSC
disapproved such appointment, would not take
into account your previous experience on the
ground that are you are not qualified for lack of
relevant experience. Now, COMELEC said that
ok, let it be nullified, but later on, the COMELEC
reappointed you and credited the more than 2
yrs. as relevant experience. Is the COMELEC
justified in its act considering that no less than
the CSC has ruled that you are not qualified? On
what basis? Yes. De facto doctrine. In the years that
you served as an election officer or prior to the
disapproval, your acts were valid as you were
considered as a De facto officer. It being valid, it
amounted to relevant experience that was required in
your appointment.
TN: Approval or Disapproval is black and white, there is
no middle ground, no ifs, no buts.
F. Assumption and term of office
BORROMEO VS MARIANO
 Why was he allowed to refuse? Because he was
appointed in a specific station
 What if it did not specify as to what station he is
going to be assigned? specific station, cannot be
transferred without acceptance, otherwise, can be
transferred without consent provided without
diminution as to salaries, benefits etc.
 Best evidence of assumption to office? Actual
discharge of duties and functions
 Prior to discharge, what do you need to
physically do? Report/ go to work

Atty: Cannot discharge official functions if you did not report to
the office, you must first appear in the office
 Did he do any of those? No
 What did he do then? Refused to go to office, right
away filed Quo warranto
CARABEO VS CA
 Is he entitled to prior notice and hearing? No,
because there was no deprivation of his office, it was
only a preliminary step only and the law does not
require prior notice and hearing
 Requisites for Preventive Suspension:
 There must be a prior determination by the
Ombudsman that the evidence of guilt is strong;
 The offense charged must involve dishonesty,
oppression, grave misconduct or neglect in the
performance of duty; The charges would warrant
removal from the service; or The continued stay in
office may prejudice the case filed against him
 Purpose of Preventive Suspension: Preventive
Suspension is a surprise, it is intended to prevent the
tampering/tinkering of evidence and to prevent the
officer under investigation from influencing the
witnesses against him
 Unexplained wealth: Manifest disproportion of one’s
income to one’s lifestyle
 Difference between Non-declaration vs Mis-
declaration: Non declaration: Intent not to include;
Mis-declaration: Declared but omitted something
PART II
POWERS, DUTIES, PRIVILEGES AND PROHIBITIONS
A. Source of power (skipped)
B. Scope of authority
 Doctrine of necessary implication and
inferences: use common sense
o Lo Cham vs Ocampo: it might not be expressly
provided for in the authority but by implication, it
should be there. It carries all the implied and necessary
functions to carry out the primary functions
 Doctrine of Qualified Political agency: Alter ego
principle. The cabinest secretaries of the president
C. Kinds of authority
 Discretionary in character: cannot be compelled by
mandamus
 Ministerial in character: only ministerial acts can be
compelled by mandamus.
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GR: It is certiorari, not mandamus which can correct a
discretionary act
XPN: First Phil. Holdings vs SB, if there is grave abuse of
discretion. Mandamus will not tell you what to do, instead it will
tell you to do it, but not the way how you do it
D. Rights and privileges
 Right to office
o Fernandez vs Sto. Tomas: If it does not specify the
station where you will be assigned, you can be
transferred anywhere in the country. However, if it
specifies, you cannot refuse but it is time bound good
only for 1 yr. beyond 1 yr, it is now a demandable right
for you to be put back to your original position or
station as mentioned in your appointment because you
don’t own the office you occupy
 Right to compensation
o CSC vs Cruz: Requisites for you to claim
compensation or backwages if you were dismissed or
suspended: (1) you must be innocent, and (2) the
dismissal or suspension is unjustified
 Presidential Immunity from suit
o Enjoyed by the president during his incumbency;
o Soliven vs Makasiar: Immunity from suit is waivable,
thus, if the president himself comes to the court to file
a case, he undresses himself to the immunity he enjoys
 Doctrine of official immunity
o Cannot be held personally accountable for acts
done in the performance of your public office.
o Personally accountable means you are civilly liable.
o But Presumption is in your favor, that you did it
according to law or Presumption of good faith or
regularity in the performance of your functions.
o Absent clear and convincing evidence that you
committed bad faith, the challenge or accusation falls.
Burden of proof is on the other side that you did bad
faith
o Rationale: It would hamper public functions because
cases will be filed left and right and decisions of the
public officer will also be affected
o Gf/Bf is a state of mind, we gauge it by the concrete
acts of the person
o Farolan vs Solmac Marketing: as long as you do
not act in bad faith, you cannot be held personally
liable. In this case, they sought opinion of higher
authority but the answer was not timely, thus, they
cannot be held liable. Evidence that they were in
gf,they did it in writing, and copy received of their
written communication

o Tuzon vs CA: you cannot be held personally
accountable if the inaction or non-action or misaction
is suffered from an interpretation or construction of a
difficult question of law.
 Preference in promotion
Taduran vs CSC: Next in rank rule, can be prioritized but
not demandable as a matter of right
PART III
LIABILITIES OF PUBLIC OFFICERS
A. Presumption of good faith and regularity
o Phil. Racing club vs Bonifacio: Evidence of gf, right
after he sought its nullification, he sought for
immediate audit
o San Luis vs CA: Bad faith. Defiance of higher
authority especialy if politically motivated, bad faith is
established. TN of Defiance as it would really make a
difference won you acted in good faith or bad faith.
Defiance means that you know there is a higher
authority telling you to do something but you did not
follow. Ex. Asked to reinstate but you dismissed
B. Kinds of Liability
o Non feasance: wa kay gibuhat; No act at all
o Misfeasance: naa kay gibuhat pero sayup; Improper
act
o Malfeasance: naa may gibuhat and it is illegal; Illegal
act
o Tests to determine if offense was committed in
relation to the office
-Sexual harassment in the workplace cannot be a private crime
because you could not have been in your workplace if it was not
for your job or had it not for your position and the relationship
between the subordinate and the official, there could not have
been a situation to afford the high authority an opportunity to
harass the victim.
C. Three fold liability rule
 If you commit an offense in the government service,
chances are, it would give rise to the three fold liability
rule where you can be held civilly, criminally and
administratively liable.
 Same set of facts, same act or omission, but give rise
to different liabilities and they proceed independently
of each other
TN: The three fold liability can proceed independently of
each other.
 Quantum of proof required:
 Administrative case- substantial evidence
 Civil case- preponderance of evidence
 Criminal case- guilt beyond reasonable doubt
 Bad faith- clear and convincing evidence
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 Hierarchy of Quantum of evidence:
1. Overwhelming
2. Guilt beyond reasonable doubt
3. Clear and convincing evidence
4. Preponderance of evidence
5. Substantial evidence
Q: Can the acquittal in the criminal case bind the
administrative case? Yes if based on pure innocence xpn:
administrative liability on the ground of impropriety
D. Liability of Superior officers for acts of
subordinates
Q: Can you be held accountable for the acts of your
subordinates? Not necessarily
 Arias vs SB- Arias doctrine: Considering the
voluminous documents that need to be checked by the
head of office or agency, you cannot demand him of
the impossible if he is going to review every document
on his desk unless there is a special reason that would
impel him to investigate or check or verify. But on its
face, if the documents are prima facie valid and you
need to sign you cannot be held accountable even if
subsequently it turns out that there was something
illegal.
TN: this case involves conspiracy, you cannot be
included in the conspiracy if you are the head of office
because you are given the leeway to trust the persons
under you because of Delegation of powers or
delegation of labor. Your subordinates are presumed to
have given you documents that are in order
 XPN: Cesa vs Ombudsman: Arias doctrine cannot
be invoked if you were not charged in conspiracy with
the subordinates. There is still liability.
E. Extinction of liability
 Doctrine of Condonation
o Aguinaldo doctrine: If you’re an elected official, and
you sought re-election and you were re-elected, your
pending administrative liability or when it has not
acquired finality, are wiped out on the ground that the
electorate condoned you.
o Morales vs CA: Aguinaldo doctrine has no basis in law
and in the constitution, because what were are talking
about here is public accountability . But Aguinaldo
doctrine should be abandoned onwards last recipient
was Junjun Binay.

PART IV
TERMINATION OF RELATIONS
A. Modes of Termination
End of term
 Fernandez vs Ledesma: if your appointment does
not specify or fix your term of office, it means that you
serve at the pleasure of the appointing authority
 For example, appointment by the president. If the
president, for any reason dislikes you or is displeased,
he or she can terminate you with or without cause,
anytime, and you cannot argue due process or the
absence of termination papers because if you serve at
the pleasure of the president and he terminates you,
that is not termination but end of term.
 Courtesy resignation: resign tanan.
 Mass promotion: Pasar tanan
 Hernandez vs Villegas: Primarily confidential
employee; Confidential employee, serves at the
pleasure of the appointing authority. Manifestation that
you serve at the pleasure of the appointing authority:
you occupy a position that is primarily confidential. In
this case, the SC held that it is only the president who
has the authority to classify the appointment as
primarily confidential. But in later cases, the SC said
that the president may classify but it is subject to the
final review or arbitration of the courts, it is only the
court which can say that it is primarily confidential.
TN: The determination of won a position is primarily
confidential, highly technical and policy determining is
essentially judicial in nature.
Retirement
 There could be a constructive retirement: by
abandonment or by acceptance of retirement benefits
Abolition of office
 Allowed and if the office is abolished and it results in
your termination, you cannot call it termination but
abolition of office.
 Manalang vs Quitoriano: cannot say that you were
terminated because you occupied an office that was
already abolished by law
 Busacay vs Buenaventura: Force majeure does not
abolish a public office
TN: Abolition and Reorganization it becomes the end of
term. One’s office was abolished and it resulted to your
cessation of public service
Abandonment
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 Summers vs Ozaeta: once abandoned, cannot go
back to prior position
Resignation
 Effects of Resignation if you have a Pending
Administrative Case
1. First Scenario: You have a pending administrative
case, then you resign, can you be held liable
despite resignation? Yes, because it’s pending.
What’s the purpose of administrative case? No. 1 is to discipline
you as a public officer.
You might say that your resignation mooted the administrative
liability. No. What can be mooted only is your dismissal or
suspension. But there are accessory penalties, ex. contingent of
retirement benefits and disqualification to hold public office. It
can continue even if you resign from public office because
resignation does not moot an administrative liability.
2. Second Scenario: What if, there is no pending
administrative case filed against you, then you
resign? That resignation will moot the administrative
liability
3. Third Scenario: But if the purpose of your
resignation is to preempt the filing of
administrative case? It can be proceeded against
you even though you resign. IOW, you, as a public
officer knows that “nakasala ka” and knows that your
superior knows
TN:
If you resign AFTER the filing of administrative
case – administrative case can still continue because
resignation does not moot an administrative liability
 If you resign BEFORE the filing of administrative
case – resignation moots the case
 If you resign BEFORE filing but you knew it was
coming (Preemption) – administrative case can still
proceed
 Estrada vs Desierto: on constructive resignation
Skip Recall
Prescription
 Unabia vs City mayor: Quo Warranto prescribes
after 1 yr.
 Sereno case: the one year period within which to file
a Quo warranto does not apply to the government
because estoppel and laches cannot lie against the
government
Failure to assume office
Appointive: assume office within 30 days from the issuance of
appointment; failure to assume, go back to zero
Elective: assume within 6 months; failure to assume, dereliction
of duty

PART V
ADMINISTRATIVE DISCIPLINE
A. Over presidential appointees
Who has the jurisdiction over presidential candidates?
TN: There might be some paradoxical setup in the government
in so far as the appointing authority is concerned and the
disciplining authority is concerned.
Example: The judges are presidential appointees, however, the
appointing authority is without jurisdiction to discipline them
because it pertains to the exclusive jurisdiction over the SC.
Maceda vs Vasquez
Talks about falsification. Even though that falsification might
also involve criminal aspect, still the office of the OB must yield
to the SC, which again has exclusive jurisdiction in disciplining
the employees of the judiciary.
Dolalas vs Ombudsman
Says that even these are presidential appointees, still the SC
has exclusive administrative jurisdiction over their person, that
includes judges.
B. Over non-presidential appointees (skipped)
C. Over elective officials
Morales vs CA
The ombudsman has the power to discipline, can remove,
suspend, dismiss government/elective officials. The question
there is, can the ombudsman be restrained by the court? Yes,
the OMB can be restrained by the CA.
D. The Ombudsman
 The jurisdiction of the Ombudsman is very broad, very
encompassing. It can discipline any and all public
officers in the government. Except where there is a
specific provision in the law that says the jurisdiction
pertains to someone else.
 How far can the Ombudsman discipline elective
or appointive? What can the Ombudsman
inquire to public acts? It can inquire into public acts
that might appear, only appear unjust, illegal, improper
and inefficient.
 What if you want to file a case against a public
officer? What is the requirement as to formality
is concerned? There is no formality. You can file it in
whatever form. IOW, you don’t need a lawyer to
notarize your complaint nor file your name, it can be
anonymous.
 TN: There is a confusion in so far as the disciplining
authority of the OB. The Constitution provides that OB
has the power to recommend the dismissal,
suspension, reprimand of any public officer,
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elective/appointive. But, if you look at the other side of
the law, at the bottom it says “and ensure compliance
therewith” – and that becomes mandatory.
Jurisdiction
Remolona vs CSC
About private acts. But, as we said, you are accountable to the
people at all times, even private acts are impressed with public
interest.
Acop vs Ombudsman
About jurisdiction over the military. Just because it is named
deputy ombudsman from the military, it does necessarily follow
that its authority is limited to military personnel, even non-
military personnel or civilian, it’s okay.
Camanag vs Guerrero
Power of the ombudsman to investigate and prosecute.
Khan Jr vs Ombudsman
About GOCCs. If the GOCC has original charter, jurisdiction
pertains to the OB. When do we say that you have original
charter? When it is a special law that created you. If you are
created under the corporation code, you cannot be a GOCC
with original charter, you pertain to the regular courts.
Power to Investigate Administrative Charges
Ombudsman vs Galicia
Original jurisdiction of the DEPED over public school teachers.
IOW, the OB must yield, it pertains to the DEPED. However, if
the complainant/respondent participated actively in the
proceedings before the OB, that is already an acquiescence on
the jurisdiction of the OB, there is already estoppel.
Ombudsman vs CA
Emphasizes the fact that the authority of the OB to remove,
suspend, reprimand or censure an employee is mandatory. The
authority that was directed by the OB to enforce the decision is
without choice but to implement the decision because of that
phrase “ensure compliance therewith.”
Concurrent with the Office of the President
Authority of the OB in so far as the elective officials of highly
urbanized cities/provinces are concerned, that is concurrent with
the office of the Pres. Because OB Act of 1989 says that any
public officer elective/appointive, OB has jurisdiction. But here
comes the LGC of 1991, it now says if the offender is an elective
of a province or a highly urbanized city, the jurisdiction pertains
to the president. But SC said that the LGC did not divest the OB
of jurisdiction over elective officials pertaining to highly
urbanized cities/provinces. The result is concurrent jurisdiction.
IOW, you can go either way.
 Page 28 of 47

Hagad vs Dadole

There is nothing in the LGC that says that it divested the

Ombudsman of the jurisdiction

Gonzales III vs OP

Talks about the employees of the OB. Who has jurisdiction? Only
OB has jurisdiction over its own personnel.

Concurrent with the DOJ

Honasan vs DOJ Panel of Prosecutors

There was a DOJ Panel of Prosecutors investigating him and he

said that they have no jurisdiction over him because his salary
grade is 31 (senator), so you go to the Sandiganbayan, and DOJ
must go to regular court. But the SC said, that is actually
concurrent because it is only an investigation. There is now law
that prohibits concurrent jurisdiction. However, what is unique
is that the OB can take over the case at any stage.

Power to Investigate cases of ill-gotten wealth after

Feb 25, 1986

If the wealth was ill-gotten before Feb 25, 1986, it pertains to

the PCGG. If after, it pertains to the OB.

Ombudsman for the Military (skipped)

Preventive Suspension

PS must be a surprise to prevent: (1) tampering of the evidence;

and (2) influencing the witnesses. So if you stay on despite the
pendency of your case, it must jeopardize the investigation. No
prior notice and hearing is required and you cannot invoke due
process because that public office does not pertain to you.

Preventive Suspension vs Penalty

In penalty, you can invoke prior notice and hearing. In PS you

cannot.

Enforcement of Decisions

Marcelo vs Ganden vs CA

The decision of the OB is immediately executory but not yet

final.

What if later on, on appeal, I was exonerated, entitled to

backwages.

Incompatible Office

Ace Durano, district rep, was appointed DOT. The moment you
accept sec of DOT, you give up district rep position. So that
becomes termination of relations because of incompatibility of
office.

Incompatible Office vs Forbidden Office

Forbidden office – if you are a district example, you created a

position, that particular position is forbidden.

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ADMINISTRATIVE LAW
PART I
INTRODUCTORY CONCEPTS
Sources of administrative law
 Constitution
 Statutes
 Revised Administrative Code of 1917
 Administrative Code of 1987
 Jurisprudence
 Rules and regulations of administrative
agencies
 Orders and decisions of administrative agencies
MECANO vs COA
Guji: Revised Administrative Code of 1917, was it not repealed
by the Administrative Code of 1987?
Held: No. In the absence of express repeal, the omission does
not necessarily mean it is repealed. In the absence of
inconsistency between the two laws and intent to cover the
whole subject matter of the old law, it was neither impliedly
repealed. Thus, the Revised Administrative Code of 1917
remains a source of administrative law.
Guji: IOW, the bottom line is, in the absence of an express or
implied repeal in so far as the old law is concerned, it gives rise
to a situation where the old law and the new law are still alive
and they can be sources of Administrative Law.
LEVERIZA vs IAC
Held: Under the Revised Administrative Code, the authority to
lease belongs to the President, officer authorized by him or by
law. The authority of the airport manager falls under the third
category as it is expressly granted by RA 776. Thus, the
administrative law may be sourced from the statutes
other than the administrative code.
Guji: It is not only the Administrative Code of 1987 that is the
source of Administrative Law. Other statutes can also be a
source of administrative law.
DOCTRINE OF SEPARATION OF POWERS
Purpose: to prevent concentration of executive, legislative and
judicial powers to a single branch of government.
How is it attained: by allocating their exercise to the 3
branches of government.
But it is not absolute. The sharing and mixing of powers
between and among the 3 branches is allowed.
 President- shares legislation through veto power
 Courts- shares legislation through its power of review
that interprets or invalidates laws.
 Congress- shares exercise of executive power through
confirmation of appointments and assent to treaties. It
also shares judicial power through its power to create
inferior courts and regulate number and pay of judges.
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Guji: Separation of powers does not mean compartmentalization
because at some point in time, the 3 branches of government
meet halfway. That is not encroachment, that is what we call
Blending of powers.
Principle of checks and balances
Purpose: To protect the supremacy of one branch over the
other, to secure coordination among various departments
Thus, the principle of separation of powers:
(a) Allows blending of some of the executive, legislative or
judicial powers in one body.
(b) Does not prevent one branch from inquiring into the
affairs of other branches to maintain balance of power.
(c) But ensures that it does not encroach on matters within
the exclusive jurisdiction of the other branches.
Exclusive jurisdiction: If it would involve wisdom, cannot be
encroached upon
Congressional oversight/Power of oversight
 The Principal power of Congress to legislate includes
the auxiliary power to ensure faithful compliance to
ensure that the laws it enacts are faithfully executed.
 Principal power to legislate + auxiliary power to ensure
faithful compliance= power of oversight
 Otherwise known as “follow through”- enforce, inform,
orient
 Supervisory power of Congress
 Intrinsic in the grant of legislative power
 Integral to the checks and balances inherent in a
democratic system of government
 Embraces all activities undertaken by Congress to
enhance its understanding of and influence over the
implementation of its enactments.
 Sec. 17.1 RA 9189- Congressional Oversight
Committee to supervise Voting by mail. The legislative
veto power or congressional oversight power over the
authority of COMELEC to issue rules and regulations to
enforce election laws is unconstitutional. The
Constitution has given the COMELEC the power to
enforce and administer all laws and regulations relative
to the conduct of an election. The power is exclusive.
As such, it cannot be subject to review and revision or
veto by Congress in the exercise of its oversight power.
The power of the COMELEC to promulgate IRR can only
be struck down if it is illegal or constitute grave
abuse of discretion (Macalintal vs COMELEC)
 It concerns the post-enactment measures undertaken
by Congress to:

a) Monitor bureaucratic compliance with
program objectives
b) Determine whether agencies are properly
administered
c) Eliminate executive waste and dishonesty
d) Prevent executive usurpation of legislative
authority
e) Assess executive conformity with the
congressional protection of public interest
 Categories: Scrutiny, Investigation and
Supervision
LEGISLATIVE SCRUTINY
To determine economy and efficiency in the operation of
government activities. Based on the Power of appropriation
which includes the power to specify the project or activity to be
funded. Exercised through the Power of the purse and Power
of confirmation.
A. Power of appropriation or power of the purse
 Budget Hearing;
 Administrative officials defend their budget proposals;
 The means to review policy and audit the use of
previous appropriation to ascertain whether they have
been disbursed accordingly;
 It is an opportunity for Congress to express its
confidence or disgust in the performance of a public
officer
Guji: the Classic example is Miriam Santiago. During the Erap
impeachment trial, it appeared and she really was an ally of
Erap. She acted as the defense counsel of Erap. And so, the UP
community from where she graduated Valedictorian, was so
frustrated the way Miriam acted during the impeachment trial.
There was a young lady lawyer who was a witness from UP.
Miriam attacked her integrity by asking her why she transferred
from one law firm to another when her salary in the former was
higher. There were also senator judges who acted as
prosecutors, and one of them was Raul Roco who came to the
rescue of the lady lawyer and asked her if she remembers the
saying found in one of the bldgs. in UP, asked her to recite the
same and she did (it was from the lawyer’s oath blah blah blah)
The point Roco was trying to say is that it’s not always about
money.
The son of Miriam applied in UP Law. In UP law, aside from a
written exam, there is a panel interview. During the panel
interview, the son was bombarded with questions not related to
his fitness of becoming a lawyer but about the mental fitness of
his mother Miriam. Because the son was so embarrassed, he
took his own life. Now, during the budget hearing, UP was there
asking money from Congress, and of course, Miriam was there
waiting for them. Miriam said, “OK, UP, YOU’RE ASKING MONEY
FROM CONGRESS? EXPLAIN TO ME FIRST WHAT YOU DID TO
MY SON!!! ANG KAPAL KAPAL NG MUKHA NIYONG PUMUNTA
DITO SA KONGRESO PARA HUMINGI NG PONDO! ANO ANG
GINAWA NIYO SA ANAK KO?!” After that, UP was interviewed
and they said was probably during the panel interview, they
have crossed the line when they bombarded Miriam’s son with
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questions relating to the mental fitness of Miriam. But you can
also understand the position of UP because of the way Miriam
acted during the Erap impeachment trial where she acted as a
defense counsel of Erap.
IOW, during a budget hearing, you go there like a beggar.
 But legislative inquiry does not end in budget hearings.
As such, congress can ask department heads to appear
before and be heard by it on any matter pertaining to
their departments.
 Sec. 22 Art. 6 of the Constitution provides
department heads, may upon their initiative, with the
consent of the President or upon the request of either
house, appear before and be heard on any matter
relative to their departments.
Guji: TN ha, Congress has legislative inquiry and investigation.
Now, can cabinet members appear? They can, on their own
initiative, provided the President consents. But what if they don’t
like but Congress requests them to attend the hearing, can they
be allowed? Yes, but they cannot be forced because it is upon
request. Example was GMA when she ordered her department
heads not to appear before the Congress.
B. Power of confirmation
 Exercised by the Commission on appointments
composed of the Senate President as ex officio chair,
12 senators and 12 representatives
 Appointments that NEED confirmation:
a. Heads of the executive departments/ cabinet
secretaries
b. Ambassadors
c. Other public ministers and consuls
d. Officers of the armed forces from the rank of Colonel
or naval captain- does not include PNP (civilian
personnel of the government)
e. And other officers whose appointments are vested in
him in this Constitution
“Other officers”:
 Chairs and Commissioners of CSC, COMELEC and COA
 Regular members of the JBC: Representative of the
IBP, A professor of Law, A retired member of the SC
and A representative of the private sector
 Sectoral Representatives (Sec. 7, Art. 18, Constitution)
Guji: The list is exclusive. If you’re appointed beyond the list,
you don’t need to undergo the Commission on Appointments
CALDERON vs CARALE
RA 6715 amended the Labor Code and says: “The Chairman, the
Division Presiding Commissioners and other Commissioners shall
all be appointed by the President, subject to confirmation by the
Commission on Appointments.”
Held: Section 16, Art. 7 of the Constitution provides that: “The
President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of colonel

or naval captain, and other officers whose appointments
are vested in him in this Constitution. He shall also
appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and
those whom he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of other officers
lower in rank in the President alone, in the courts, or in the
heads of departments, agencies, commissions, or boards.”
Guji: The first sentence talks about the 3-fold process there’s
Nomination, Confirmation and Appointment. Who are these
people? See a-e enumeration above. NLRC Commissioners, do
you find them in the enumeration? No. IOW, if they are not in
the enumeration, they are excluded, their appointment
need not go through the Commission on Appointments.
But in the second sentence, it says that “He shall also appoint
all other officers of the Government whose appointments are
not otherwise provided for by law, and those whom he may be
authorized by law to appoint.” TN the second sentence
merely talks about Appointment, it neither mentions
Nomination nor Confirmation. What separates the first
sentence from the second sentence is the period this tells us
that if you’re not on the first part, no need for Commission on
Appointments.
Guji: The phrase “all other officers of the Government
whose appointments are not otherwise provided for by
law”, Who are they? These are officers whose appointing
authority is not specified by Law, like the Chair and members of
the CHR. They are appointed by the President and their
appointments do not need confirmation by the Commission on
Appointments.
Guji: Kani ra jud inyong timan-an, appointment can either be
subject to a reviewing authority or a confirming authority for
check and balance. There is a participation from another
branch or agency of the government to check and
balance the appointment of a particular person. If the law
is silent, you default to the president as the appointing authority.
Guji: What does the phrase “in the President alone” mean?
A: It means to the exclusion of the courts, the heads of
departments, agencies, commissions or boards. But Congress
has authority to decide whether the appointment of “officers
lower in rank” should be reserved to the President alone or
shared with the courts, department heads, agencies,
commissions or boards.
CONGRESSIONAL INVESTIGATION
 Exercised by the Senate or HOR or any of its
committees.
 Limitations:
o In aid of legislation
o It must be in accordance with its prescribed rules and
regulations
o Rights and interests of persons appearing shall be
respected
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Guji: What if you’re summoned by the Senate or HOR in an
inquiry in aid of legislation. Normally, as you see on TV, what
they say is “I invoke my right against self-incrimination”. Can
this be allowed? Not all the time, otherwise, your inquiry
becomes useless. You can be cited for contempt for continually
saying you will invoke your right against self-incrimination. The
SC said that it is not for the witness to decide whether or
not the question incriminates (See letter C below). If it were
to be allowed, there is no compulsive character into the
inquiry. There has got to be that compulsive character in the
form of contumacy for evading a legitimate question.
 Grounds for contumacy: (House Rules and
Procedures Governing Inquiries in Aid of Legislation)
a) Refuses, after being duly summoned, to obey such
summons without legal excuse;
b) Refuses to be sworn or placed under affirmation;
c) Refuses to answer any relevant inquiry;
d) Refuses to produce any books, papers, documents or
records that are relevant to the inquiry and are in
his/her possession;
e) Acts in a disrespectful manner towards any member
of the Committee or commits misbehavior in the
presence of the committee;
f) Unduly interferes in the conduct of the proceedings
during meetings
Guji: Remember the Katrina Halili and Hayden Kho spectacle.
Diba Gipatawag sila, and nahitabo was there was another guy
who attended who poured water to Hayden Kho, that could be
a ground for contumacy but wala, ila ra gipasagdan, maybe they
were thinking he deserves it.
Guji: Remember the Corona Impeachment trial? During that
time, they liberalized the proceedings and allowed Corona to
read his statements. Nindot nakayg premises so Corona. After
having said such, CJ Corona said, the CJ of the SC be now
excused. He stood up and walked out of the Session Hall. This
was clearly disrespect. So, Gi sirad-an tanan mga exit and
gipabalik siya. He came back in a wheelchair.
Guji: Erap impeachment trial. After the prosecutors walked out,
there was a senator Tessi Aquino Oreta who danced and
nanganchaw.
LEGISLATIVE SUPERVISION
 It allows Congress to scrutinize the exercise of
delegated law-making authority, and permits Congress
to retain part of that delegated authority.
Guji: diba before we said that it is the president who has the
veto power, but there was also a time when the Congress can
also exercise its veto power. How? Congress passes a law which
is couched in general terms. You need to specify the law for it
to be enforced. How? In the form of IRR. Who makes the IRR?
It is administrative agencies. Congress says agency, here’s the
law, create an IRR, but before that IRR will be enforced, submit
it to us for review. That’s the veto power of Congress. Before it
was done, but here’s another case that said that should not be
done by Congress because it encroaches on the executive

department. Bottom line, Congress has no veto power
anymore.
SUBORDINATE LAW/LEGISLATION
 We have the Constitution. Some of the provisions there
are not self-executing. It needs an enabling law. Now
here’s an enabling law sometimes, it is general. It
needs further particularity in the form of IRR. IRR=
subordinate legislation. Administrative agencies, when
they draft laws, that is what we call subordinate
legislation; Subordinate in the sense that it should
abide by the general law passed by congress.
Administrative Relationships among agencies
 Supervision
 Control
 Attachment
Part II
QUASI-LEGISLATIVE POWER
(or Doctrine of Subordinate Legislation)
In the constitution, general rule is that the provisions in the
constitution is self-executing but there are some provisions that
are not self-executing.
Q. What is the remedy if not self-executing? Remedy is for
Congress to pass an enabling law. However, the enabling law is
not sufficient. Even if it particularizes certain provisions of the
constitution, it is still couched in general terms, in which case, it
is in need of implementing rules and regulations to be
implemented.
And the reason why it needs an IRR is because it is going to be
delegated to an administrative agency, that will draft IRR. The
reason why the Congress delegates that to the administrative
agency is because Congress cannot anticipate each and every
situation that might transpired during the enforcement of the
law.
The administrative agencies are specialized insofar as specific
branch of the law is concerned. Exactly now there is IRR. In
statutory construction, after the law is published, it will now take
effect.
Q. However, we sometimes say that it will take effect
but how come it still cannot be enforced because there
is no IRR? Because even if it is enforced because of publication,
it still cannot be fully implemented because of the lack of IRR.
Meaning, it takes effect after publication, insofar as it authorizes
the drafting, implementing, and promulgation of the IRR. So not
until the IRR is drafted and promulgated, the law cannot take
effect yet.
Example: Anti-Drunken Law. No IRR yet. Even if the law says
that you take effect already because of publication, but if there
is no IRR yet, it cannot be implemented.
And that is the Doctrine of Subordinate Legislation, the most
important concept in administrative law.
DOCTRINE OF SUBORDINATE LEGISLATION
It is subordinate legislation because Congress only has the
power to legislate. But as we said, it is incompetent to anticipate
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every situation during enforcement that’s why it delegates to the
administrative agency.
Nature and Definition
RIZAL V. NLRC
Facts: An insurance company terminated its employee on the
ground of tardiness and unexcused absences. But the LA
reinstated him with backwages. The insurance company moved
to extend time to file Appeal Memorandum on the last day. The
motion to extend was denied by the LA and the appeal was
dismissed for being filed out of time.
The Revised Rules of the NLRC says decisions of the Arbiter
becomes final and executory unless appealed in 10 days and no
motion for extension is entertained.
Atty: Decision of the LA becomes final 10 days of promulgation
after receipt and motion for reconsideration is a prohibited
pleading in an appeal memorandum. And so in this case it was
argued that why can’t the LA liberalize the 10 day rule because
accordingly they said that look at the ROC, even the ROC can
actually liberalize.
Q. Why is the NLRC rules and regulations is so strict that
it cannot liberalize and extend the 10 day period? The
answer is because as an administrative agency, it has the power
to promulgate its own rules and regulations. And these rules and
regulations have a force and effect of a law.
Held: It may be true insofar as the Rules of Court is concerned
whereas the NLRC Rules of Procedure is clear and leave no room
for interpretation. Administrative regulations and policies
enacted by administrative bodies to interpret the law
they are entrusted to enforce have the force and effect
of law, does entitled with great respect.
Atty: Take note it says great respect, IOW, it does not amount
to definite court ruling because it is promulgated by mere
administrative agency. IOW, stat con, remember this, it is good
as it gets. It is valid until annulled by the SC. However, it is
entitled with great respect. For as long as the SC does not say
OW, that is valid, until annulled.
SIGRE V. CA
This is a case where a Memorandum Circular said one thing as
opposed to what the law actually says.
Facts: The DAR issued a Memorandum Circular that says after
value of land is established, payment of land rentals is
terminated and tenant-farmers pay their lease rentals to the LBP
or its authorized representative. It was nullified for conflicting
PD816 which says lease is paid to the landowner.
Held: The power of subordinate legislation allows administrative
bodies to implement the broad policies laid down in the statute
by “filling in” the details provided that:
1. It is germane to the purpose of the law; and
2. It conforms to the standard prescribed by law.
Atty: Because what did we say, the first premise was that the
constitution is couched in general terms. Here comes an
enabling law. It somehow particularizes but still couched in

general terms. It needs an IRR to fill in the details to complete
the law.
Example: In Election Law, there are a lot of laws under the
Omnibus Election Code and other related laws and regulations
passed by Congress. But the COMELEC is empowered to
promulgate its rules and regulations to particularize these laws
because these laws are somehow couched in general terms. The
COMELEC now specifies the details. But later on, you will learn
that it should not be too detailed as to make us uncomfortable
insofar as the enforcement of the law is concerned. It fills the
missing details for as long as it is germane to the purpose of the
law and conforms to the standard prescribed by law.
Atty: In the introductory concepts, we’re supposed to have
enumerated already what are the Sufficient Standards by which
it could guide the administrative agency. One example there is
“as may be necessary”. When the law says as may be
necessary, the administrative agency is given a leeway on how
to define what is necessary. But in another case, the law says
“as it may deem fit”, the court says that it is too much.
Because if the administrative agency decides as it may deemed
fit, it all depends on its discretion. There is no peripheral. There
is no limitation. But if you say deemed necessary, can be
defined, can be quantified. But deemed fit, is not subject to any
limitation.
In the exercise of the power of subordinate legislation,
administrative bodies are empowered to promulgate
rules to fill in the gap of the statute to fully implement
the law.
Atty: Take note that when you are going to fill in the gap of the
law, it must be germane to the purpose of the law. You cannot
go beyond the purpose of the law because as what we say,
going back to stat con, if you cannot take it from the express
language of the law, you go to the intent of the law. The intent
of the law might not have been fully articulated in the express
language of the law. As a matter of fact, the SC says that
regardless of the express language of the law, if that particular
action can fully implement the law according to its purpose, that
will prevail over the express language of the law.
Kinds: Interpretative Regulation and Legislative
Regulation
ESLAO V. COA
Administrative regulations and policies enacted by
administrative bodies to interpret the law have the force
of law and are entitled to great respect.
Atty: Take note that they have force and effect of the law but
entitled with great respect. IOW, valid until annulled. However
the difference between interpretative and legislation is that in
interpretative, for example, COMELEC, there’s an election,
there’s a rule issued by the COMELEC en banc, cascade down to
the field. And the field somehow says, they don’t understand.
Like for example it says, who is the second placer? So now, they
seek the guidance of the COMELEC en banc.
Q. What do you exactly mean by this? If the COMELEC en
banc responds and tries to interpret what confuses us, that is
an interpretative regulation. It need not be published because it
does not involve the general public. It merely involves the
person inside the Commission on Election because the person is
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somehow confused on what to do exactly. Again, if
interpretative, it does not need to be published because it does
not involve the general public. It’s only a guidance.
Example: Prosecutors, they seek written guidance from the
Department of Justice Secretary. And if it responds that is LOI,
Letter of Instruction. And it does not need publication because
it does not involve the general public.
PERALTA V. CSC
When an administrative or executive agency renders an
opinion or issues a statement of policy, it merely
interprets a pre-existing law. It is at best advisory, for it
is the court that finally determine what the law means.
It is not binding upon the courts.
Atty: Just like now, one of the most controversial rules by the
COMELEC and even by the DILG is that barangay officials,
elected or appointed, are not allowed to campaign. However,
here’s a Senator, who is an election law expert, accordingly, who
says that it has no basis in law. There is no express provision in
the law that says barangay officials are not allowed to engage
in partisan political dealings because he said that the law says
that the barangay election is not partisan. It did not say that
barangay officials are non-partisan. But there is an
interpretation by the COMELEC, there is an interpretation by the
DILG. Even the CSC has an interpretation saying that they are
not allowed to participate in illegal campaigning in partisan
political activities. But, for as long as the SC does not say OW,
that will stand. However, today the DILG already suspended 52
barangay officials for openly engaging partisan political
activities. And because of that, the SC now is challenging the
validity of this regulation. So if the SC says that COMELEC, CSC,
and DILG are wrong, then by all means, we will all welcome
that. At least there is already a definite court ruling. What is
emphasized here is if it is interpreted that way, it is entitled with
great respect. But only respect, not binding.
It may be set aside if there is error of law, abuse of
power or lack of jurisdiction or grave abuse of discretion
conflicting the letter or spirit of the law.
Atty: IOW, it either restricted or expanded the law
As such, these interpretative regulations need not be
published.
Valid Delegation
PEOPLE V. VERA
This is actually an example where the administrative agency is
given the full discretion and authority on whether it is going to
implement the law. This is about the probation act. What
happened there is, there is a probation of the law that says every
probation board throughout the country, it’s up to you if you are
going to allocate budgetary or budget to the probation law.
IOW, if there is budget given, there is a salary for the probation
officer. If no budget given, no salary. IOW, if the probation
board says we don’t have budget for that, there is no probation
officer in their province. So if no probation officer, no one can
apply for probation.
Q. And so is that valid? The SC said that it cannot be valid
because you are actually telling the administrative agency that

the enforcement of the law depends on you. What if the
administrative agency, the probation board says no budget, so
no probation on that province. It is true to all probation board
around the country, and that cannot be allowed. IOW, it
depends fully on the administrative agency because the
bottom line there is, when Congress delegates to the
administrative agency, it tells the administrative
agency, it authorizes the administrative agency to say
that, this is how the law should be enforced. It is not
allowed to say this is what the law should be. Because if
it were allowed to determine what the law should be, he
becomes like the Congress, which is not allowed because we are
only talking about doctrine of subordinate legislation.
CALALANG V. WILLIAMS
Fatcs: The Reflector Law provides: (g) Lights and reflector when
parked or disabled- Appropriate parking lights or flares visible
100m away shall be displayed at a corner of the vehicle
whenever such vehicle is parked on highways or in places that
are not well-lighted or is placed in such manner as to endanger
passing traffic. Furthermore, every motor vehicle shall be
provided at all times with built-in reflectors or other similar
warning devices either pasted, painted or attached to its front
and back which shall likewise be visible at light at least 100m
away. No vehicle not provided with any requirements mentioned
in this subsection shall be registered.”
Atty: That’s what the law says. Now the administrative agency
issued an IRR in the form of Memorandum Circular.
Administrative Order No. 2 says: “No motor vehicles of whatever
style, kind, make, class or denomination shall be registered if
not equipped with reflectors. Such reflectors shall either be
factory built-in-reflector commercial glass reflectors, reflection
tape or luminous paint. The luminosity shall have an intensity to
be maintained visible and clean at all times such that if struck
by a beam of light shall be visible 100m away at night.”
Atty: Take note, you have the law. Now, here comes the
Memorandum circular trying to specify what the law is, And so
they were complaining that the memorandum circular was too
much. It’s not even found in the law. But the SC said, it’s alright
because that is actually essential for the general purpose of the
law. It specifies. It can because if it cannot be found in the
express language of the law, it can be justified by doctrine of
necessary implication. IOW, it would somehow appear that the
IRR expands the law. It could appear it expands the law but it
is still congruent with the purpose and spirit of the law, the SC
will always uphold that, except where it involves penal
sanctions. If there is already a criminal penalty, The SC almost
always would say it has no legal basis in law that is not valid
because it violates the due process clause.
The standard may either be express or implied. If
implied, it need not be spelled out specifically. It could be
implied from the purpose and policy of the act considered as a
whole. In the Reflector Law, the objective of the law is public
safety.
Q. What is sufficient standard? When the law says that
LTFRB/LTO, give an IRR pursuant to public safety, and so
everything the LTFRB/LTO will make must be congruent or
pursuant to what is public safety. If that happens, almost always
the SC says that is valid.
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The principle of non-delegation has been constrained to adapt
to the growing complexities of modern life thus the birth of the
principle of subordinate legislation.
Q. Why are there administrative agencies? Because
Congress are the ones who make laws, and they still specify?
They can’t do that. They don’t have the expertise. They don’t
have the competence.
Example: Congress will say here’s an election law.
Q. Do they exactly know what happens in the field
during election? Not necessarily. So let the COMELEC specify
the law through the form of resolution.
EDU V. ERICTA
Two categories of legislative powers:
1. Determine what the law should be
2. Authority to fix the details in the execution of
enforcement of legislative policy.
Rationale: It is impracticable to anticipate multifarious and
complex situations during enforcement of the law.
EASTERN SHIPPING LINES V. POEA
EO No. 797 and MC No. 2.
Facts: An overseas workers was killed in an accident in Japan by
virtue of which his widow was awarded death benefits and burial
expenses by the POEA pursuant to EO No. 797 and MC No. 2.
But the employer argued that POEA has no jurisdiction, as it
pertains to the SSS against the State Insurance Fund.
EO No. 797 says POEA governing board shall promulgate the
necessary rules and regulations to govern its exercise of
adjudicatory functions pursuant to its mandate to protect the
rights of overseas Filipino workers to fair and equitable
employment practices.
Atty: As you can see, there is law, EO No. 797. Of course, an EO
is a law, especially during the time of Cory Aquino, she had
legislative powers, example is the Family Code. This law wasn’t
passed by Congress but by Cory Aquino.
So now here’s a law that says that this should what be done
insofar as overseas contract workers is concerned. EO No. 797
says that POEA, you are the administrative agency, draft the
IRR. But it has a guidance.
Q. And what is the guidance? Its to protect the rights of the
overseas Filipino workers to fair and equitable employment
practices.
Now, the MC says that: In case of death of the seamen during
the term of his Contract, the employer pays his beneficiaries the
ff:
a. 220,000.00 for master and chief engineers
b. 180,000.00 for other officers, including radio operators
and master electrician; and
c. 130,000.00 for ratings.
Atty: The employer said, why is that he has to pay even though
the executive order did not mention monetary liability in case an

OFW dies in the line of duty abroad? The MC has no basis in
law.
Q. But can the POEA implement this? Yes.
It is true that legislative discretion as to the substantive contents
of the law cannot be delegated.
Atty: Because it appears to be substantive. Why? You are now
imposing fine.
What can be delegated is the discretion on how the law is to be
enforced and not what the law shall be.
Two tests to determine valid delegation of legislative
power:
1. Completeness Test
2. Sufficient Standard Test
Q. Did the MC pass the test? Yes.
Atty: In completeness test, in stat con, you can delegate only
the IRR to the administrative agency if the law is complete in
itself.
Q. So how to reconcile that? Why do we need to fill in
when you said that you can only delegate if the law is
complete in itself? The reason is because when the Congress
says the law is complete, it is only complete insofar as the
general terms are concerned but not the specific terms. This is
exactly why the power is still delegated to the administrative
agency.
Atty: In sufficient standard test, you have so many sufficient
standards. For example, fair and equitable labor practice. This
is a sufficient standard. IOW, when you draft an IRR, you will
know that everything you do in the IRR must be congruent or
consistent to what is fair and equitable labor practice.
Completeness Test – the law must be complete in all its terms
and conditions such that when it leaves Congress, there is
nothing else left for the delegate to do but enforce it. Take note,
complete insofar as general terms is concerned.
Sufficient Standard Test – there must be adequate guidelines
in the law to define the boundaries of the delegated authority.
The increasing demand for delegation of legislative authority
had made it the rule rather than the exception. The reason is
the increasing complexity of governmental task and the growing
inability of Congress to cope directly with its myriad problems
demanding its attention.
Atty: SC said that MC No. 2 is one such administrative regulation
guided by the mandate to protect the rights of overseas workers
to fair and equitable employment practices which is deemed
sufficient standard.
Q. Is it not fair that we give benefit to the beneficiary?
The OFW died in the line of duty outside. But, if you look at the
law, it doesn’t speak of anything monetary. But suddenly, the
MC tells the employer to pay in case the employee dies in the
line of duty. It is not in the law but it is in the sufficient standard
and that is fair and equitable employment practices. And as the
employer, paying the family for the death of the employee is fair
and equitable.
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Effectivity of Presidential Issuances, Rules and
Regulations
Publication is required before they take effect. Except in
interpretative or internal in nature not concerning the general
public.
Q. Why is there a need for publication? Because of due
process.
Q. What is the basis of the Presidential issuances? (1)
Ordinance power of the president. If you look at the
Administrative Code of 1997, the President has an ordinance
power. Ordinance power, somehow, he has law-making
authority. Like for example, the President says that we will have
a holiday tomorrow. That is ordinance power. (2) Authority to
issue executive orders, proclamations, administrative orders,
memorandum, circulars, general or special orders.
Effectivity of IRR
1. Penal or no penal
2. Publication
3. Filing with the UP Law Center
Except when the law dispenses with filing but it cannot dispense
with publication.
Q. Why should it be in UP Center? Do they really
monopolize excellence? Why not USC? The reason is
because UP is a state college. The government owns it.
But when the law dispenses filing, it’s okay. But it cannot
dispense publication. So in the law it will say that it will take
effect without filing in the UP Law Center.
Nature of Administrative Rules and Regulations
1. They have the force and effect of a law
2. Partake the nature of a statute
Atty: So they are considered as laws.
Rule- making Power of a Public Administrative Agency
Delegated legislative Power
Test of Validity of Delegation of Rule-making Power
The law must be complete in itself. Fix a standard, the limits are
sufficiently determine or determinable. In case of discrepancy
between statute and IRR, the statute prevails.
Atty: One basic example is going back to Election Law, the
Liquor Ban. It is in the Omnibus Election Code and 2 it is within
2 days, the day before the election and on the election. And now
the COMELEC says let’s make it 5 days. And so the SC said that
cannot be done because your mother law, the source law says
2 days, why are you saying 5 days? And so the SC issued a TRO
and up until today, the TRO has not yet been lifted.
Types of Administrative Rules and Regulations
Enforces the law – IRR
Interprets the rule – LOI
Atty: Again, if IRR, it needs publication and filing with the UP
Law Center. But filing could be dispense with, publication can
never be dispense with. LOI, interpretation of the rule, does not
need publication because it concerns only the agency and its
personnel and not the general public.

Test of Validity of Administrative Rules and Regulations
1. Germane to the object of the law
2. Conforms to standards prescribed by law
3. Sole purpose of carrying into effect general provisions
of the law
Like for example Liquor Ban. What if we say that it is actually
germane to the purpose of the law? What is the object of the
law? We must ensure that the people, in the exercise of their
sovereign will are sane and sober on election day. The SC can
say that if the purpose is for the people to be sane and sober,
why make it 5 days when election is only 1 day? This can’t be
done because it expands the law. The original proposal of the
proponent, Tolentino, was 2 months of liquor ban, and so who
did run to the SC? Tanduay, Red Horse, San Miguel etc.
Requisites of Valid Delegation
1. Authorized by law
2. Promulgated within the scope of authority
3. Promulgated in accordance with prescribed procedure
4. Reasonable and fair
5. Duly published
6. Filed with UP Law Center
Atty: But then again, UP Law Center filing is dispensable and
you cannot dispense the publication, in the interest of due
process and the right to information.
1. Authorized by Law
TAYUG RURAL BANK V. CENTRAL BANK
Facts: Central Bank imposed 10% penalty to past overdue loans
of rural banks. But the law does not authorize the Monetary
Board to add penalty for past due accounts.
Atty: IOW, the Central Bank said if you pay late, you will have
additional 10%. But if you look at the law, it does not authorizes
the Central Bank or the Monetary Board to add some more.
Held: When an administrative agency promulgates rules, it must
be in pursuance of the procedure or authority conferred by law.
When this is complied, it partakes the nature of a statute, and
its compliance may be enforced by a penal sanction provided
by law. Hence, an administrative agency cannot impose a
penalty not provided by law, much less one that applies
retroactively.
Atty: Somehow, the SC would liberalize and say that even if it’s
not expressly stated in the law, the IRR is still valid as long as it
is congruent to the purpose of the law. But normally, where it
involves penal sanctions like imprisonment or fine, the SC is very
strict and it always limits itself to the express language of the
law.
Q. If it’s a criminal case, you have the right to be
informed of the nature of the accusation against you.
Why? Because the legal remedies and elements will change.
But if not penal, liberalized by the SC. But if penal, especially
imprisonment or fine, SC will be strict. Except where it involves
social legislation, it can be liberalized.
Atty: Remember, earlier, we said payment of the beneficiaries
for those who died in line of their duties. Why was it allowed?
Social legislation. In the case at bar, if you will look at it, the
Monetary Board, we are talking about the businessmen. And it
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did not pass a law about the businessmen, we cannot call that
a social legislation. That’s business legislation.
2. Promulgated within the Scope of Authority
BOIE – TAKEDA V. DELA SERNA, PHILIPPINE FUJI
XEROX V. TRAJANO
Sales commissions of medical representatives were ordered
included in the computation of the 13th month pay. However,
the employer refused, the employer argued that only the basic
salary is included in the 13th month pay.
Atty: So the inclusion of the commission in the computation of
the 13th month pay, unduly expands the concept of basic salary
as defined in PD 851. So the SC said that it cannot be done
because the provision the basic salary is very clear to not include
the commissions. When you compute the salary, exclude the
commissions. Because when you say commission, it is on top of
the basic salary, so it will become redundant. So you might want
to argue that this is social legislation, it’s labor. However, you
only rule in favor of labor if there is a doubt. The law has no
doubt. It says that if basic salary, it’s basic salary, this is the
basis for computation.
PEOPLE V. MACEREN
Facts: The Fisheries Law prohibits the use of any poisonous or
obnoxious substance in fishing. But the administrative order
prohibited and penalized electro fishing.
Atty: Take note, the law says that it is not allowed to use
poisonous or obnoxious substance. Now, the administrative
order said that it will include electro fishing, this is not allowed.
The trial court quashed the information on the ground that no
law was violated since electro fishing is not a poisonous or
obnoxious substance contemplated by law.
Held: The Fisheries Law does not expressly criminalize electro
fishing hence the administrative order cannot penalize it. The
administrative agency cannot transcend the bounds demarcated
by statute to exercise that power.
Q. What is the purpose of the law? To preserve marine life.
Q. Now, if we say that we’re going to criminalize electro
fishing, will this not preserve marine life? It does.
Q. Is this not congruent to the law? It is.
Q. Do you have a basis in law? There’s none.
Q. Can we not liberalize? We cannot since it provides a penal
sanction.
ECHEGARAY V. DOJ SECRETARY
Facts: A dead man walking challenged the constitutionality of
the death penalty law for being cruel and inhuman, arbitrary and
unreasonable, undue delegation of legislative power and
unlawful delegation of delegated powers by the Justice
Secretary to the Bureau of Corrections Director.
Q. What do you understand by dead man walking? Death
convict.

Atty: So Echegaray said that death penalty is cruel and inhuman.
The case was about him who tinkered or molested the daughter
of his common law wife. He was the first convict eligible for
execution under the death penalty. So now, all possible
remedies were tried by the lawyers. They challenge the rules
and regulations on how to execute him. That is the problem.
Contention of Echegaray: The death penalty is cruel and
inhuman because it fails to provide drugs, dosage and procedure
to be used for lethal injection.
Atty: He said it was made as a secret. It’s killing him. He did not
know on what they will going to administer. It was said that it
must be painless. However, he said that because he doesn’t
know what they will going to administer to him, it becomes cruel
punishment.
The implementing rules are uncertain as to date of execution,
time of notification ang the court which will fix the date of
execution.
Atty: When will he be executed? Everyday he would think
whether he’ll be executed. What he is actually saying is that the
agony of waiting is killing him.
Held: The death penalty law says the court which designates the
date of execution is the trial court which convicted him.
Atty: There is now “pasa-pasa”. It says that the law who
convicted him should set the date. They were passing with each
other because they were actually uncomfortable with the
execution of death penalty, because they were Catholics.
The implementing rules, when read in conjunction with the law,
says the death sentence is carried out not earlier than 1 year
nor later than 18 months from the time the death penalty
became final and executory, subject to executive clemency.
Contention of Echegaray: There is undue delegation of
legislative power because the power delegated to the Justice
Secretary to promulgate rules and regulations on the subject of
lethal injection was likewise delegated to the Prisons Director.
Atty: So the Justice Secretary was also scared because the
conflict here was religious belief.
Held: The rule is that what has been delegated cannot be
delegated or potestas delegate non delegari potest.
Exceptions are:
1. Delegation of tariff powers to the President under
Section 28(2), Article VI, 1987 Philippine Constitution
2. Delegation of emergency powers to the President
under Section 23(2), Article VI, 1987 Philippine
Constitution
3. Delegation to the people at large
4. Delegation to local governments
5. Delegation to administrative bodies
Atty: According to Echegaray, delegated to the Secretary, now
it was delegated to the Prisons Director.
Empowering the Justice Secretary in conjunction with the Health
Secretary and the Prisons Director to promulgate rules and
regulations on the subject of lethal injections is a form of
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delegation of legislative authority to administrative bodies. It is
subject to the following requisites:
1. It must be complete in itself- it must set forth the
policy to be executed, carried out or implemented by
the delegate
2. It must fix a standard- the limits are sufficiently
determinate or determinable to which the delegate
must conform in the performance of his functions
Considering the scope and definiteness of the death penalty law,
it sufficiently describes what is the job to be done, who is to do
it and what is the scope of authority. It is executed under
authority of the Prisons Director who shall take steps to ensure
the administration of lethal injection causes instantaneous death
by personnel trained prior to the performance of such task.
Requiring detail greater than that does not serve any useful
purpose.
Atty: Constitution, couched in general terms, specified by
enabling law, further specified by the IRR, but you have to stop
there. Do not be too detailed as to make it uncomfortable, just
like what this case is telling us.
A delegated legislative power is proper even if the
standard appears general provided it is capable of
reasonable application. There is no undue delegation of
legislative power from the Justice of Secretary to the
Prisons Director for the simple reason that under the
Administrative Code of 1987, the Bureau of Corrections
is a mere constituent unit of the Department of Justice.
Atty: So the SC said that there’s is no problem. If the Justice
Secretary told the Prison Director, it’s okay since it’s his
constituent unit, he really can tell the Prisons Director to do it.
The DoJ is tasked to take charge of the administration of the
correctional system. But the execution procedure that empowers
the Director to prepare the manual to detail procedure prior
to, during and after administering the lethal injection is invalid.
Q. Why is it invalid? The first premise was that the Prisons
Director is a constituent unit of the DoJ, he can really be told to
make the manual. But the SC said that if the DoJ told the Prisons
Director to make the manual, the manual must be submitted
back to the DoJ for review. However, the DoJ left everything to
the Prisons director on how he would kill Echegaray. So the SC
said that it virtually abdicates the power of the Justice Secretary
to promulgate the manual to the Prisons Director, it doesn’t
provide a mode of review.
It does not provide for a mode of review and approval by the
Justice Secretary who is the rule-making authority identified by
the death penalty law and the administrative superior who would
stamp imprimatur of a manual prepared by a constituent unit.
The suspension of execution of death sentence under the
implementing rules is likewise invalid.
The Revised Penal Code suspends the death penalty while a
woman is pregnant or within 1 year after delivery.
Atty: So the remedy there, if you are a woman, be pregnant all
the time.But the implementing rules suspends the death penalty
while a woman is pregnant or within 3 year following the date
of sentence.

Atty: So it was “nasobraan”. 1 year, then this time, 3 years.
Since the 3 year reprieve does not find support in the Revised
Penal Code, it expands the death penalty law. These 2 provisions
being invalid, respondents are enjoined from enforcing the
death penalty until the implementing rules and regulations are
appropriately amended, revised or corrected according to this
decision.
Atty: This case was closely followed by the media. During that
time, the lethal injection was already ready. Echegaray was
about to be killed. But then a TRO was issue by the SC and the
common law wife of Echegaray collapsed, out of relief. The wife
here was in denial even if her daughter was molested. And so
there was a TRO but after the manual was adjusted, Echegaray
was subsequently executed. The first and only under the Death
Penalty Law. Now, there is no Death Penalty Law but the
purpose and the execution is there.
Death Penalty is actually anti-poor. During the time of Marcos,
there was said to be 83 people to be executed. Out of the 83,
only 3 or 4 come from wealthy families. All the others are very
poor. But who are these 3 or 4 people? They are the rapists of
Maggie de la Riva. Why was it anti-poor and the rich people were
executed? The only reason was that because it was too
controversial followed closely by the media. And if the media is
there, it eliminates or minimizes under the table practices, the
judge will get pressured, so he must follow the law. And so they
were really executed.
3. Duly Published
Publication is important.
PCF V. EDUCATION SECRETARY
Facts: The Department of Education, Culture and Sports issued
a Department Order authorizing 15-20% increase in school fees.
This was challenged as unconstitutional on the ground of lack of
legal basis and violation of due process.
Contention: Lack of legal basis because the authority to
regulate school fees does not always include the power to
increase them.
Held: The Education Act of 1982 vests the DECS with the power
to promulgate rules regulating the educational system of the
country. It is also charged with rule-making authority to
promulgate the necessary rules and regulations.
The Authority to prescribe school fees may not have
been expressly granted to it. But in the absence of a law
stating otherwise, this power includes the power to
increase school fees.
Atty: Because the argument there is that why did the DECS
increase the school fees when its authority is only to regulate.
But the SC said that it is doctrine of necessary implication. It
says that when you regulate, it includes the authority to increase
the fees. If DECS isn’t authorized to increase the fees, who will
be authorized? There is no other except DECS. By the doctrine
of necessary implication, even inf the law only states that DECS
is allowed to regulate, regulation includes increase in school
fees.
It is quasi-legislative when the rules are meant to apply
to all enterprises of a given kind throughout the country.
As such, prior notice and hearing to affected parties is
not a requirement of due process. It is quasi-judicial
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when the rules apply exclusively to a particular party,
based upon a finding of fact. As such, prior notice and
hearing are essential to the validity of the rules.
Atty: We are not talking about publication, we’re talking about
prior notice and hearing. Now, if the DECS says that it will
increase the tuition fee and t applies to everybody in the
country, it doesn’t need prior notice and hearing because it is a
quasi-legislative in nature. And if it’s quasi-legislative, it needs
publication, not prior notice and hearing. But if it exercises
quasi-judicial, it requires prior notice and hearing. It does not
require publication. Quasi-judicial only involves the party-
litigants to the controversy.
Part III
QUASI-JUDICIAL POWER
Quasi-judicial power, defined
The power to hear and determine questions of fact to which the
legislative policy is to apply and to decide in accordance with the
standards to enforce and administer the law.
Acts in the exercise of Quasi-judicial Power, enumerated
It is required to:
1. Investigate and ascertain the existence of facts, hold
hearings, weight evidence
2. Draw conclusions from them as basis for their official
function and exercise of discretion in a judicial nature
Q. Why does it called quasi-judicial function? Because
accordingly, if you apply legal principles, legal concepts, the SC
said that is judicial in nature. And the SC also said that the power
to rule or the exercise of judicial power is exclusive to the SC.
But how come there are administrative bodies that are
empowered to rule? So the SC said that if they have adjudicatory
power, don’t call them judicial, just call them quasi-judicial
because it is exclusive to SC.
Remember in Election Law, judicial power and quasi-judicial
power is similar since quasi-judicial power has incidents, it can
summon, it can investigate, it can cite a person in contempt.
However, a full blown trial isn’t applicable in administrative
agencies because what is required is only the right of due
process. You don’t put the witness in the witness stand. An
affidavit will do since this is summary in nature.
Quasi-judicial Power, limitation
1. It cannot assume jurisdiction over a case pending in
the regular courts.
Atty: So a regular court has jurisdiction over a regular case.
Suddenly, Congress passes a law that jurisdiction will be
transferred to the administrative agency. Just because there is
a law, it will be taken by the administrative agency. Not
necessarily. The administrative agency has to wait if it is
expressly provided for in the law because as what we said,
jurisdiction id determined at the time of the action, or at the
time of the filing. It cannot be divested just because there is a
subsequent act that transferred the jurisdiction to the
administrative agency. Unless, the law expressly provides.
2. Administrative agencies are neither part of the judicial
system nor are they deemed judicial tribunals
3. Even if it performs quasi-judicial functions, it does not
depart from its basic nature as an administrative
agency.

4. They remain with the executive branch. As such, they
cannot impose their judgment upon the judiciary.
Requirements for Valid Exercise
1. Jurisdiction
GLOBE WIRELESS LTD., V. PUBLIC SERVICE
COMMISSION
Facts: An international telecommunications company operates a
franchise granted by law which failed to deliver a message
abroad. A case was filed before the Public Service Commission
which found it liable for unsatisfactory service.
Atty: Because apparently, that message was very crucial. It
wasn’t able to send so there was a misunderstanding.
Held: The law authorizing franchise limited the jurisdiction of the
PSC only with respect to the rates charged to the public and it
does not include acts of negligence.
Atty: The problem was because the message was not sent, he
incurred damages. Now he will going to hold it liable.
The jurisdiction of administrative agencies is limited to
those expressly granted or necessarily implied by law.
Atty: So again, the issue was that he suffered damages.
However, the PSC has no jurisdiction since its jurisdiction is only
limited to the regulation of rates. And again we said, regulation
includes increase of rates. However, in this case, damages were
being asked. Jurisdiction now pertains to the regular courts, civil
case for damages.
2. Due Process
UTTO V. COMELEC
Facts: The COMELEC en banc voided the proclamation of the
mayor who argued his right to due process was denied because
the twin-notice requirement of prior notice and hearing was not
observed.
Held: Even if it was not observed, the twin-notice
requirement does not apply if the proclamation was void
ab initio..
Atty: The requirements of due process available in the regular
courts of law are not fully available and demandable as a matter
of right insofar as the administrative agencies are concerned.
In administrative proceedings, due process simply means
and opportunity to be heard and to reconsider or to
explain, either written or verbal.
GARCIA V. PAJARO
This rule applies a fortiori if the respondent chose not to
avail of the opportunity to answer charges because of
the belief that the disciplining authority is without
jurisdiction.
Facts: An administrative case was filed by the treasurer against
the revenue collector who refused to attend the scheduled
hearings despite notice because he believes it is the mayor who
has authority to discipline him.
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Atty: Here, you are so confident. That agency has no
jurisdiction. And so you will not going to participate. It’s okay if
the administrative agency did not have jurisdiction.
Q. But what if it really has jurisdiction? It now becomes a
waiver of your part. Conversely, if you are sure that it has no
jurisdiction, you can opt not to file an answer because it could
become a waiver and estoppel applies.
Held: When a party refuses to answer the charges against him,
he cannot invoke denial of due process. The refusal to attend
the scheduled hearings, despite notice, is at his own peril.
Related Powers
1. Power to promulgate rules of procedure
The SC can promulgate its own rules of procedure which is the
Rules of Court. The COMELEC, COMELEC Rules of Procedure.
The NLRC, NLRC Rules of Procedure. This is incidental to the
quasi-judicial power.
Q. What if the law is silent on what is the rules of
procedure for the administrative agency? Can the
administrative agency adopt its own rules and
procedure? Yes. OW, it will not know what it will going to do.
It can adopt or make its own procedure. It can adopt by
reference from other rules of procedure.
2. Subpoena Power
3. Contempt Power
CAMELO V. RAMOS
Facts: The mayor created a committee to investigate anomalies
in licensing. The committee subpoenaed a private citizen to
appear before it but he refused hence a case for contumacy was
filed before the trial court.
Held: Subpoena and contempt powers must be granted by law.
Whatever power claimed by the committee comes from the
power of the mayor to investigate as implied from the power to
suspend or remove employees. There is no statutory grant of
power to investigate.
Atty: Take note, subpoena and contempt powers must be
expressly granted by law.
Example: A Provincial Board subpoenaed a person since they’re
going to have a hearing. The person snob the subpoena.
Q. Can the Provincial Board cite the person in contempt
for snubbing the subpoena? Was it valid? No. Because the
Provincial Board is without a power of contumacy. It cannot cite
a person in contempt. As opposed to your Senate and House
Committee who conduct investigations. If they issue subpoena
to a person and the person doesn’t go there, it is a ground of
contumacy, the person can be cited for contempt and that is
expressly granted by law.
LASTIMOSA V. VASQUEZ
Facts: The Ombudsman ordered a prosecutor to show cause
why she should not be punished for contempt after filing a case
for acts of lasciviousness, instead of attempted rape.

Held: It constitutes defiance, disobedience or resistance of a
lawful process, order or command of the Ombudsman thus
making her liable for indirect contempt.
Quantum of Proof
LAMEYRA V. PANGILINAN
Facts: A janitor was dismissed from service by the mayor due to
absence without leave on the strength of the certification by a
personnel officer that the janitor did not report for work one
month. This was affirmed by the CSC.
Held: While findings of fact of administrative agency
must be respected, it must be supported by substantial
evidence.
Atty: If administrative, substantial evidence. If civil,
preponderance of evidence. If criminal, proof beyond
reasonable doubt. Remember, it must be supported by
substantial evidence, the findings of fact of administrative
agency.
Q. If the administrative agency decides that it will
suspend or it will dismiss, can it be reviewed by the
court? Yes.
Q. Can this be overturned? Generally, no. For as long as you
are supported by substantial evidence, the court will not disturb
the findings of the administrative agency. Unless, there is grave
abuse of discretion.
And when it is supported by substantial evidence, even
if not overwhelming or preponderant, it must be
respected, except when there is grave abuse of
discretion, fraud, or error of law.
Substantial Evidence, defined
RUBBERWORLD V. NLRC
Facts: An employee was dismissed due to stock cards
discrepancies. But the employee filed a case for unfair labor
practice because the dismissal is a mere result of his refusal to
disaffiliate from the union.
Atty: Stock cards, same with “panso”.
Held: unfair labor practice was belied by the fact that the
employee pursued the case alone where normally he is
supported by the union. There is likewise no proof of affiliation,
much less the existence of the union. There is no substantial
evidence which is defined as such relevant evidence as a
reasonable mind might accept as adequate to support a
conclusion.
Atty: If you are a person with reasonable mind, are you going
to accept that substantial evidence, that’s it, it’s easy.
Enforcement and execution
LAPID V. CA
A case about the Ombudsman. It is not yet final, but executory.
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Facts: A governor was suspended by the Ombudsman for 1 year
after he was found guilty of conspiracy with other officials for
illegal quarrying and collecting fees without the benefit of an
ordinance.
Whereas the Administrative Code of 1987 says: an appeal
shall not stop the decision from being executory, and in
case the penalty is suspension or removal, the respondent shall
be considered as having been under preventive suspension
during the pendency of the appeal in the event he wins an
appeal.
Q. How many months was he suspended? 3 months(?).
(But 1 year man kaha?) If suspension for a period of not
exceeding 1 month or 30 days, it is final and executory.
That an appeal prevents finality and execution depends
on whether the law expressly says so.
Atty: So the Ombudsman Act is very express.
Caveat: Administrative Order No. 17 dated September 15, 2003
amending Section 7, Rule III of the Rules of Procedure of the
Office of the Ombudsman says the decision is final,
executory and unappealable where the respondent is:
1. Absolved of the charge
2. Convicted where the penalty is:
a. Public censure or reprimand
b. Suspension of not more than one month; or
c. Fine equivalent to one month salary
Atty: Do not be misled because a while ago it was said that 1
year suspension is executory but not yet final. But there are
instances when the decision of the Ombudsman becomes both
final and executory if these are the decision. IOW, there is no
other remedy. So you have to follow, anyway, its not that much,
only one month or you pay fine. Unless, again, there is grave
abuse of discretion. Grave abuse of discretion, “buakon niya ang
established rules.” That is why you have the certiorari. The
certiorari corrects the grave abuse of discretion because
according to the SC, if there is no certiorari, the people will have
no remedy.
But such appeal shall not stop the decision from being
executory. In case the penalty is suspension or removal and
the respondent wins such appeal, he shall be considered as
having been under preventive suspension and shall be paid the
salary and such other emoluments that he did not receive by
reason of the suspension of removal.
VILLASENOR V. OMBUDSMAN
Facts: Two electrical inspectors were dismissed and suspended
for one year by the Ombudsman for violation of code of conduct
and ethical standards for public officials and employees for
negligence resulting in a hotel fire that killed 74 persons. Despite
their appeal from their suspension and dismissal, the
Ombudsman enforced the decision. Thy argued that the AO that
amended the rule does not apply to them because it took effect
3 months after the decision was issued and 3 years after it was
enforced.
Held: While Art. 4 of the Civil Code provides that laws shall not
have retroactive effect, it does not apply to rules of procedure
of the courts. Being retroactive in nature, they apply to

actions pending and unresolved at the time of their
passage.
Atty: This is the disco case.
DOCTRINE OF PRIMARY JURISDICTION OR
DOCTRINE PRIOR RESORT
Definition and Nature
PSUMW V. SAMAR MINING
Under the sense-making and expeditious doctrine of primary
jurisdiction, the courts cannot or will not determine a
controversy involving a question which is within the jurisdiction
of an administrative tribunal where the question demands
exercise of sound discretion requiring the special
knowledge, experience and services of the
administrative tribunal to determine technical and
intricate matters of fact and a uniformity of ruling is essential
to comply with the purpose of the regulatory statute
administered.
Q. Why are there administrative remedies? They have the
special expertise in that particular branch of law. So normally,
the courts would yield. However, there are also instances where
the courts must not yield because they have the jurisdiction. Like
for example, when the issue involves technicalities, the court will
look for commissioners. Hearing by commissioners. The
commissioners will conduct a hearing, and then they will submit
a report to the court.
Thus, jurisdiction over unsound real estate practices
pertains to the NHA and not the courts, the former
having been granted regulatory authority with quasi-
judicial functions.
Remember, it it’s an administrative body, it has special
knowledge and expertise insofar as that particular branch of law
is concerned. So, if housing, you go to HLURB. If election, you
go to COMELEC.
VILLAFLOR V. CA
But the doctrine of primary jurisdiction does not
necessarily divest the court of jurisdiction, it merely
suspends the proceedings pending referral to the
administrative body.
Where a claim is originally cognizable in the courts, and comes
into play whenever enforcement of the claim requires the
resolution of issues which, under a regulatory scheme, have
been placed within the special competence of an
administrative body; in such case, the judicial process is
suspended pending referral of such issues to the
administrative body for its view.
IOW, it’s not automatic. The process is suspended. If the law
states suspend and transfer the case to the administrative body,
that’s the time the court loses jurisdiction. But the general rule
is if jurisdiction is acquired, it is not lost by virtue of a subsequent
law, unless, the subsequent law provides otherwise.
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DOCTRINE OF EXHAUSTION OF
ADMINISTRATIVE REMEDIES
GARCIA V. CA
Held: The immediate recourse to the court is premature and
precipitate. Apart from the fact that the investigation was still
ongoing, there is still an administrative remedy from the decision
of the PCA Governing Board, that is, an appeal to the CSC.
Under the doctrine of exhaustion of administrative remedies,
direct recourse to court does not prosper until after all
administrative remedies are first exhausted. The remedy is not
to halt the proceedings but to take part, assert and vindicate the
rights in administrative proceedings.
Atty: Exactly why we have the administrative agencies, to declog
the courts. And now, you are going to cut short the procedure.
It defeats the purpose. It’s premature, you don’t have a case of
action and the court will almost always dismiss that for lack of
cause of action or premature. So again, if you fail to exhaust
administrative remedies, the court will always dismiss the action
for prematurity. But there are exceptions.
Can you go directly to the court, snubbing the doctrine of
exhaustion of administrative remedies? Yes, if due process is
violated.
Doctrine of Exhaustion of Administrative Remedies,
exceptions
1. Due process is violated
2. Issue involves pure question of law
3. Administrative action is patently illegal amounting to
lack or excess of jurisdiction
4. Estoppel on the part of the administrative agency
concerned
Atty: Like for example, you go to the court. The administrative
agency is pleaded as the nominal party. Now it (administrative
agency) responded, estoppel. It submitted to the jurisdiction of
the court.
5. There is irreparable injury
6. Respondent is a department secretary whose acts, as
an alter ego of the president, bears implied and
assumed approval of the latter
Q. Why? If you are a department secretary, you occupy the
highest position of the land because you are the alter ego of the
President. If you exhaust administrative remedies, you are
already at the top, you are already at the Office of the President.
You don’t need to apply the doctrine of exhaustion of
administrative remedies anymore. You can go to court already
because “nahurot naman ang chain of command”. Alter ego, it’s
like you are a little President.
7. Exhaustion is unreasonable
8. Exhaustion amounts to nullification of claim
9. Subject matter is a private land in land case proceeding
10. The rule does not provide a plain, speedy and adequate
remedy
Atty: That is very common. It’s like if you don’t have anywhere
else to go, you go to court right away, OW, your rights are going
to be violated.

11. There are circumstances indicating the urgency of
judicial intervention
Atty: Very important, especially in the practice of law, if you are
going to shortcut and go directly to the court, you must convince
the court that your action is urgent, that it is part of the
enumerated exceptions. You must establish it first. Without that,
your case will be dismissed.
12. When strong public interest is involved
13. In quo warranto proceedings
14. When the claim involved is small
Q. When is there strong public interest?
(1) When it involves a question relating to the status and
existence of a public office, it must be settled without delay.
Atty: Public office, it must not be subjected to prolonged
uncertainty because it prejudices the public.
(2) When it involves question relating to validity of
reorganization, its serious implications in the administration
of civil service and rights of public servants, which
resolution is needed for stability in public service.
Atty: IOW, if strong public interest, normally, we associate this
with the doctrine of transcendental importance.
Transcendental importance, it is not yet experienced but
knowable. IOW, it’s a noble issue, a case of first impression.
Q. When is there pure question of law? When doubt or
differences arises as to what the law is on a certain state
of facts. There is question of fact when the doubt or differences
arise as to the truth or falsity of the alleged facts.
CASTRO V. GLORIA
Facts: A public school teacher was dismissed for disgraceful and
immoral conduct. But he argues it warrants suspension only for
first time offenders.
Held: When the issue asks what is the applicable law, it
is pure question of law. As such, it is an exception to the
doctrine of exhaustion of administrative remedies.
Atty: IOW, in this case, he already admitted that he committed
a mistake. The only question now is the applicable penalty.
There is no longer a question of fact. In that case, the question
becomes a pure question of law. He can go directly to the court.
Failure to Exhaust Administrative Remedies, effects
1. It render the action premature, meaning the claimed
cause of action is not ripe for judicial determination,
hence, there is no cause of action to ventilate in court
2. It results in lack of cause of action
3. It results in dismissal for failure to comply with a
condition precedent
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PART IV
CHECKS ON ADMINISTRATIVE AGENCIES
GR: for as long as the discretion of the administrative agency is
supported by substantial evidence, normally the court does not
disturb that.
Reason: Administrative agency knows better.
XPN: there is grave abuse of discretion, then the court may
inquire into the administrative aspect or finding of facts of the
administrative agency.
Who can check on these administrative agencies?
 The President
 Congress can also check through: confirmation of
appointments, creation and abolition, appropriation
(the power of the purse, where people can actually go
to congress for budget)
 Ombudsman
 Courts
Q: Can the OB and courts check on the admin agencies? Yes
A. Presidential Check
BUKLOD VS ZAMORA
Presidential checks on admin agencies – the president
deactivated a particular government agency – the economic
intelligence and investigation bureau(EIIB). Out of deactivation,
the president transferred its functions to the BOC and the NBI.
TN that this particular agency is under the executive
department. We established earlier on that the President has the
continuing authority to reorganize the office of the president.
But when the President reorganizes its office, it does not include
the power to create office. If it it was the executive department,
not necessarily the office of the president, we said that the
president can actually create an office under the executive
department as part and parcel of the power to reorganize.
Personnel of EIIB, complained that:
 It violates their security of tenure, it in bad faith,
because it is intended to give way to the task force
performing essentially identical functions.
 The abolition of public office, to be tainted with bad
faith, if after the abolition there is another government
agency that comes along performing the same
functions.
 It reserves power of congress to abolish an
administrative agency.
Solgen: it is not abolished, it is merely deactivated.
Held: Abolition and deactivation are both reorganization
measures. To abolish means to do away with, annul, abrogate
or destroy completely. To deactivate means to render inactive
or ineffective or to break up by discharging or reassigning
personnel.
Guji: If you think about it. It is just a matter of nomenclature,
the effect is the same for abolition and deactivation. However,
in this case the SC said that it is different, it is not abolition, it is
deactivation.

Purpose: To maximize use of personnel, facilities and resources
of existing agencies.
Here, the SC said, that the deactivation is a valid measure of
reorganization, as part of the executive check on the economy
and efficiency of an administrative agency.
SC said that deactivation might look like abolition but, these are
two different measures. But the effect is the same. In this case,
it establishes the power of the president to check on
administrative agencies.
B. Congressional Check
Confirmation of Appointments
The President shall nominate and, with the consent of the
Commission on Appointments, appoint the heads of the
executive departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of colonel
or naval captain, and other officers whose appointments are
vested in him in this Constitution. He shall also appoint all other
officers of the Government whose appointments are not
otherwise provided for by law, and those whom he may be
authorized by law to appoint.
In the first sentence, it enumerates that those that need to
undergo the process of CoA. Second sentence says that he shall
also appoint means that, no need for consent, you have just to
be appointed and accept, then the appointment is already
complete.
Those who need to undergo CoA
1. Heads of the executive departments
2. Ambassadors
3. Other public ministers and consuls
TN: If you talk about the chief of police, it does not need the action of the CA.
Reason is the police is the civilian personnel of the government.
4. Officers of the armed forces from the rank of colonel or naval
captain
TN: CSC, COA, COMELEC, JBC and the sectoral representative
in the transitory provision of the constitution. The list is
exclusive. Need not go under the confirmation of appointments.
TARROSA VS SINGSON
SC said that need not go under CoA because it does not form
part of the first sentence of the constitutional provision.
NLRC Chair and Central Bank Governor need not go under the
process of the CA.
You cannot move constitutional boundaries from time to time.
If the consti says no need for confirmation, you cannot
voluntarily submit, IOW, estoppel does not apply here. You
cannot invoke estoppel against the constitution.
What about Justices, Judges, Ombudsman
deputies? What are their checks and balances?
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JBC. The check is prior not after. They are going to give the
president a short list of the nominees.
Who are “all other officers of the government whose
appointments are not otherwise provided by law”?
These are officers whose appointing authority is not specified by
law, like the Chair and Members of the Commission on Human
Rights.
If the consti is silent, automatic you go to the default appointing
authority which is the president.
Chair and members of the CHR
The president appoints them, does not need confirmation by the
CA.
What does the phrase “in the President alone” mean?
It means to the exclusion of the courts, the heads of the
departments, agencies, commissions, or boards. But Congress
has authority to decide whether the appointment of “officers
lower in rank” should be preserved to the President alone or
shared with the courts, department heads, agencies,
commissions or boards.
TN, in the president alone, it means to the exclusion of the
courts. However, congress can say that it is not necessary that
the president is the appointing authority, it could be delegated
to the courts, the department heads, agencies, commissions or
boards.
It only means that it is discretionary on the part of the congress
to say that the appointing authority is in the president alone. But
congress can also say that it could be the department heads..
and etc.
Ad-interim appointments, basis.
“The President shall have the power to make appointments
during the recess of the Congress, whether voluntary or
compulsory, but such appointment shall be effective only until
disapproval by the Commission on Appointments or until the
next adjournment of the Congress.
Ad interim, what happens is during recess of congress, it does
not impair the power of the president to appoint, that is
continuing.
Ad interim means in the meantime or temporary. However, do
not be misled because in Statcon ad interim standing alone in
so far as appointment is concerned is permanent.
IOW, ad interim standing alone means in the meantime,
temporary, but if you contextualize that with the intent of the
consti, it means that is permanent in character. However, it
could be terminated subject to the approval of the CA. But the
nature of appointment is permanent even it is called ad interim
appointment.
When does an ad-interim appointment become
effective?
and
A. If it does not require consent – when it is accepted
by the appointee.
ADD

B. If it requires consent – only until disapproval and
adjournment prior to action by CoA.
Ad interim appointment applies only to those whose
appointment must undergo the action of the CA.
What about those appointees, whose appointments do not need
the action of the CA, can the president extend an ad interim
appointment? No. The president instead extends temporary
appointment.
C. Ombudsman
UY VS SANDIGANBAYAN
The Court ruled that the prosecutor power of the Ombudsman
is limited to cases under the jurisdiction of the Sandiganbayan,
to the exclusion of cases under the jurisdiction of regular courts.
Jurisdiction of SB – those whose salary grade is 27.
Here, it was said that the OB can only investigate cases will go
to the SG. However, SC said that the grant of primary jurisdiction
merely authorizes the Ombudsman to take over, at any stage
from any investigatory agency of the government, the
investigation of such cases. It does not exclude authority to
investigate and prosecute over cases against public officers and
employees cognizable by the regular courts.
Primary jurisdiction of the OB. However, it can be shared by
other bodies of the government.
Primary jurisdiction does not mean sole, exclusive, it only means
that the OB can actually take over at any stage of the
proceedings.
The primary jurisdiction over cases cognizable by the
Sandiganbayan is not incompatible with the duty to investigate
and prosecute other offenses committed by public officers and
employees cognizable by regular courts.
Thus, the power of the Ombudsman to check on administrative
agencies through investigation and prosecution of illegal, unjust,
improper and inefficient acts is broad and encompass all kinds
of malfeasance, misfeasance and non-feasance. And such power
is not only recommendatory but mandatory.
Anything that appear illegal, unjust, improper and inefficient, the
OB can investigate, unless there is a law that says otherwise.
Such power is not merely recommendatory but mandatory.
LEDESMA VS CA
“Direct the officer concerned to take appropriate action against
a public official or employee at fault, and recommend his
removal, suspension, demoting, fine, censure and prosecution,
and ensure compliance therewith.”
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Always contextualize.
HONASAN VS DOJ
The power of the Ombudsman to investigate and prosecute is
not exclusive. It has concurrent jurisdiction with other
investigate agencies of the government.
D. Courts
PART V
JUDICIAL REVIEW
CHUNG FU VS CA
Two entities. They decided to go to arbitration. That whatever
is the decision of the arbitrator, it’s going to be final and
unappealable.
Thus, there is no further judicial recourse if either party
disagrees with the whole or any part of the arbitrator’s award
except to enforce it.
But the other party disagreed and cited several instances of
grave error on the part of the arbitrator who departed from the
terms of the contract and misapplied the law in excess of the
delegated power and authority. But the trial court confirmed the
award and issued a writ of execution.
Issue: Is the arbitration award agreed by the parties as final and
unappealable beyond judicial review?
SC: Under Article 2044 of the Civil Code, the finality of
arbitration is not absolute. It is subject to exceptions where it is
clearly shown that the arbitrator:
1. Gravely abused discretion
2. Acted without or in excess of jurisdiction
The parties cannot amend the law and say that it is going to be
absolute.
Thus, the remedy is certiorari under Rule 65 of the Rules of
court. As a special civil action, the court neither reviews the facts
nor the interpretation of law, unless errors of fact or of law are
so patent or gross and prejudicial amounting to grave abuse of
discretion. In the same way, decisions of administrative agencies
declared final by law are not exempt from judicial review when
so warranted.
IOW, what we are saying here, that administrative agencies can
be superseded or checked by the courts, because the court is
the final resort.
Final decisions of administrative agencies may still be
subject to judicial review for:
1. Lack of jurisdiction (continuing ground for dismissal)
2. Grave abuse of discretion
3. Violation of due process
4. Denial of substantial justice
5. Erroneous interpretation of law
The arbitrator gravely abused his discretion when he failed to
apply the terms and conditions of the construction agreement.

He exceeded his power when he awarded unjustified extra
compensation. (This is called grave abuse of discretion)
The trial court likewise gravely abused its discretion when it
refused to review despite showing of prima facie evidence of
grounds warranting judicial review. The CA likewise gravely
abused its discretion when it denied due course to the petition
despite clear showing of grounds to annul, vacate or modify the
award.
TN: We cannot disturb the factual findings of the administrative
agency unless there is GAOD, the courts can intervene and for
as long as it is supported by substantial evidence.
ATLAS VS FACTORAN
Mining claims overlapped. Thus, it was awarded to the entity
which registered it first.
SC: Whether or not there is valid location and discovery of the
disputed mining claims is a question of fact best left to the
determination of administrative agency charged with the
implementation of the law. All that is required is such finding of
fact is supported by substantial evidence which is such relevant
evidence as a reasonable mind might accept as adequate to
support a conclusion.
It should not be disturbed, even if not overwhelming or
preponderant. Except if there is a clear showing of:
1. Denial of due process
2. Mistake of law or fraud
3. Collusion or arbitrary action in the administrative proceedings
4. Procedure leading to factual finding is irregular
5. Palpable errors are committed
6. Grave abuse of discretion
7. Manifest arbitrariness or capriciousness.
Anything that is excessive. The SC is there to correct that.
AMIGO VS CLUETT
A foreign corporation owned the trademark for its socks GOLD
TOE. It went to the Bureau of Patents to cancel the trademark
of a domestic corporation GOLD TOP. After considering the
totality of similarities between the two sets of marks, the Bureau
of Patents found they are of such degree, number and quality
as to give the overall impression they are confusingly and
deceptively the same.
The CA sustained the Bureau of Patents after it noted that there
is no variance in the appearance of GOLD TOP and GOLD TOW
since both represent a man’s foot wearing a sock and the marks
are printed in identical font. It’s not who first used it but who
registered it first.
Contention of the domestic corporation:
It first used the trademark in 1956 whereas the foreign
corporation used it in 1962. But the Bureau of Patents found
that the foreign corporation registered it in 1954.
SC: The findings of fact of administrative agencies in matters
falling under their jurisdiction are generally accorded great
respect, if not finality. By reason of the special knowledge and
expertise of the administrative agencies, they are in the better
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position to pass judgment. The court cannot once more weigh
evidence and substitute judgment.
GR: The court cannot once more weigh evidence and substitute
judgment.
EXP: If there is excess of authority or GAD.
PART VI
CONSTITUTIONAL COMMISSIONS
COMMISSION ON HUMAN RIGHTS
Composition
Chair and four members
Qualifications
1. Natural- born citizens of the Philippines
2. Majority shall be members of the Bar
Term of office, other qualifications and disabilities
Provided by law
1. EO no. 163 set the term of office of the Chair and members
to 7 years without reappointment.
2. Fiscal autonomy
What do you mean by Fiscal autonomy? In so far as in
appropriation, it is automatic. But COA will still audit everything,
it does not mean that you have fiscal autonomy, COA cannot
audit. COA always audit every penny in the government.
CHR and NAPOLCOM are not constitutional
commissions. They are national commissions.
BAUTISTA VS SALONGA
Facts: In 1988, the President designated Mary Concepcion
Bautista as Acting Chair of the Commission on Human Rights.
She took oath of, qualified to, assumed and discharge functions
of her office.
But in 1989, the President extended her a permanent
appointment. The Commission on Appointments requested her
to submit credentials and attend hearing and deliberations in
support of the confirmation of her appointment. But she refused
on the ground of lack of jurisdiction.
Issue: Can the President still issue another appointment, this
time in a permanent capacity?
Held: No. The first appointment is a completed act of the
President. First appointment is already a permanent
appointment.
Can the CoA review appointment if the President submits?
Even if the President voluntarily submits for confirmation to the
Commission on Appointments an appointment outside its
jurisdiction, it is still not subject to confirmation as the President
and Congress cannot from time to time move constitutional
boundaries of power.’
TN: CHR, no need to go to the CA.
Carino vs CHR
Issue: Does the CHR have adjudicatory power?

Held: No. This is adjudicatory, a power not granted to the CHR.
The most that be conceded to it in the way of adjudication is the
power to investigate which is limited to receive and find facts.
Fact finding investigation is the only jurisdiction of CHR.
It has no adjudicatory powers. If you have no
adjudicatory powers, you don’t have the power of
contumacy and you cannot issue the ancillary remedy of
TRO or cease and desist or order.
A. Fact finding is not adjudication. It must be accompanied
by the authority to apply the law to those factual conclusions to
the end that it may be decided subject to review.
B. Investigate commonly means to examine, explore, inquire
or delve or probe into, research on, study.
C. Adjudicate commonly means to adjudge, arbitrate, judge,
decide, determine, resolve, rule on, or settle. In legal sense,
adjudicate means to settle in the exercise of judicial authority.
Otherwise known as quasi-judicial power. Remember that when
we say judicial it is exclusive only to the judiciary. But when it is
shared to administrative bodies, it is quasi-judicial.
Thus, the jurisdiction of the CHR is limited to investigation of all
forms of human rights violations involving civil and political
rights.
If the CHR is without authority to hear and decide a case
for human rights violations, a fortiori that it is without
authority to issue injunctive relief, it being an ancillary
remedy.
TN: If you don’t have adjudicatory power, you cannot issue an
ancillary remedies of TRO, Cease and Desist Order.
SIMON JR VS CHR
Facts: Farmers occupied and planted agricultural products on a
parcel of land owned by the Export Processing Zone Authority
which project manager, together with an entire PNP company
bulldozed the area, despite showing a copy of a letter from the
Office of the President postponing it.
Violence ensued and media men were beaten up and their
cameras snatched by the police. Hence, the case for human
rights violations.
The CHR issued an order of injunction against EPZA the PNP and
Governor to desist from committing further acts of demolition,
terrorism and other acts of harassment ≈ injunctive relief.
The CHR argued its power is not limited to investigation. As such
it can issue injunctive relief based on the constitutional provision
“provide for preventive measures and legal aid services to the
underprivileged”
TN: No adjudicatory power, you cannot have the ancillary
remedy to issue TRO.
GUJI: The CHR can go to the courts to secure the TRO on behalf
of the human rights victims, but not coming from the CHR itself.
Held: It cannot be constructed to confer jurisdiction on the CHR
to issue a restraining order or writ of injunction. If it were the
intention, the Constitution would have expressly said so.
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Jurisdiction is expressly conferred by law; it is never derived by
implication.
As we say, jurisdiction must be expressly granted by law. It
merely refers to the extra – judicial or judicial remedies which
the CHR may seek from the proper courts on behalf of the
victims of human rights violations. CHR can just file the
injunctive relief to the courts in behalf of the victims.
GUJI: Those “preventive measures” they do grant authority
to the CHR to issue an injunctive relief, but an authority to
secure the injunctive relief from the courts on behalf of the
human rights victims.
It follows then that CHR likewise has no power of contumacy. If
you have no adjudicatory power, you cannot cite them it
contempt and say that you violated our TRO, you can be cited
for contempt. In this case, the TRO was invalid to begin with,
so you cannot be cited for contempt if you violated the TRO that
was not valid to begin with.
But there is a constitutional authority for the CHR to adopt is
operational guidelines and rules of procedure, and cite for
contempt, and cite for contempt for violations thereof in
accordance with the Rules of court. [CHR CAN CITE YOU FOR
CONTEMPT IF YOU DO NOT COOPERATE WITH ITS
OPERATIONAL GUIDELINES AND RULES OF PROCEDURE IN SO
FAR AS THE FACT FINDING INVESTIGATION IS
CONCERNED]
If you do not follow the investigative power of the CHR, you can
be cited for contempt.
 TRO – you can defy, because that is not valid.
 Subpoena asking you to appear so that the CHR can
shed light on issues on human rights violation – you
cannot defy, it can be a ground for contumacy.
The power of contumacy applies only to violations of its adopted
operational guidelines and rules of procedure essential to carry
out its investigatorial powers.
In other words, it does have the power of contumacy, but only
in so far as adjudication is concerned. It has no power to
adjudicate but investigate.
Example, I ask X to go to CHR for investigation and X refuses, I
could cite her in contempt. CHR can cite someone on contempt
but only as to its investigative function.
It can only be used against persons who:
1. Refuse to cooperate with it
2. Unduly withhold relevant information
3. Decline to honor summons and the like.
Since it has no adjudicatory power from where the power to
issue injunctive relief is derived, defiance of issued injunction
does not constitute violation. Where there is no contumacy,
there is no power to cite it.
Atty Guji: It has no adjudicatory power and based on the
lack of adjudicatory power, it cannot issue injunctive
relief because that is ancillary remedy. Also it cannot
cite you for contempt. But, in the exercise of
investigative powers of the CHR, it can cite you for
contempt if you do not cooperate because that is
pursuant to the fact finding powers of the CHR.
 Page 47 of 47

Thus, the defiance of the order to desist from demolishing stalls,

carenderias, sari- sari stores and temporary shanties is not
contumacious.

As a matter of fact, the Constitution envisioned the CHR to focus

on more severe cases of human rights violations such as:

1. Protection of rights of political detainees

2. Treatment of prisoners, prevention of tortures
3. Fair and public trials
4. Cases of disappearances
5. Salvaging & ham letting
6. Hamlet means village. At the height of the NPA, military
would go to different villages targeting NPA’s there is
no problem with that, but there is usually collateral
damage.
7. Other crimes committed against the religious.

A. Civil rights – Those that belong to every citizen of the

state or country, or, in wider sense, to all its
inhabitants, and are not connected with the
organization or administration of the government. They
include the rights of property, marriage, equal
protection of the laws, freedom of contract, etc. Or, as
otherwise defined civil rights are rights appertaining to
a person by virtue of his citizenship in a state or
community. Such term may also refer, in its general
sense, to rights capable of being enforced or redressed
in a civil action.

B. Political rights – The right to participate, directly or

indirectly, in the establishment or administration of
government, the right of suffrage, the right to hold
public office, the right of petition and, in general, the
rights appurtenant to citizenship vis- a –vis the
management of government.

The demolition of stalls, carenderias, sari-sari stores and

temporary shanties do not fall under the compartment of
human rights violations involving civil and political
rights, especially where it is intended to avoid danger to
life and limb.

Atty Guji: So it looks like it is the fault because what we are

saying is “It is for your own safety that we demolish your
shanties.” But bottom line again, CHR can look into these
demolitions but it is not the priority supposedly if we are to
revisit the original intent of the framers of the Constitution.

CHR, like the Ombudsman, can investigate even without a

complaint.

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