ADMINISTRATIVE LAW

- Branch of public law that fixes the

organization of the government and
determines competence of authorities
who execute the law and indicates to
the individual remedies for the violations
of his rights.
I.

ADMINISTRATIVE
AGENCIES

BODIES

OR

- A body, other than the courts and

the legislature, endowed with quasilegislative and quasi-judicial powers for
the purpose of enabling it to carry out
laws entrusted to it for enforcement or
execution.
How Created:
1. by constitutional provision;
2. by legislative enactment; and
3. by authority of law.
II. POWERS OF ADMINISTRATIVE
BODIES:
1. Quasi-legislative or rule-making
power;
2. Quasi-judicial
or
adjudicatory
power; and
3. Determinative powers.
A. QUASI-LEGISLATIVE OR RULEMAKING POWER
In exercise of delegated legislative
power, involving no discretion as to
what law shall be, but merely
authority to fix details in execution
or enforcement of a policy set out in
law itself.
Kinds:
1. Legislative regulation
a. Supplementary or detailed
legislation, e.g. Rules and
Regulations
Implementing
the Labor Code;
b. Contingent regulation
2. Interpretative legislation, e.g.
BIR Circulars
Requisites for valid exercise:
1. Issued under authority of law;

2. Within the scope and purview of the

law;

3. Promulgated in accordance with the

prescribed procedure:
a. notice and hearing generally,
not required; only when:
i. the legislature itself requires
it and mandates that the
regulation shall be based on
certain facts as determined
at
an
appropriate
investigation;
ii. the
regulation
is
a
settlement of a controversy
between specific parties;
considered
as
an
administrative adjudication
(Cruz,
Philippine
Administrative Law, p.42 43); or
iii. the administrative rule is in
the nature of subordinate
legislation
designed
to
implement
a
law
by
providing its details (CIR v.
Court of Appeals, 261 SCRA
236).
b. publication
4. Reasonable
Requisites for Validity of
Administrative Rules With Penal
Sanctions:
1. law itself must declare as punishable
the violation of administrative rule
or regulation;
2. law should define or fix penalty
therefor; and
3. rule/regulation must be published.
Doctrine of Subordinate Legislation
power of administrative agency to
promulgate rules and regulations on
matters of their own specialization.
Doctrine of Legislative Approval by Reenactment - the rules and regulations
promulgated
by
the
proper
administrative agency implementing the
law are deemed confirmed and approved
by the Legislature when said law was reenacted by later legislation or through
codification. The Legislature is presumed
to have full knowledge of the contents of
the regulations then at the time of reenactment.

QUASILEGISLATIVE
FUNCTIONS
1.

2.

consists of
issuance of rules
and regulations

general
applicability

3. prospective; it
envisages the
promulgation of
a rule or
regulation
generally
applicable in the
future

QUASIJUDICIAL
FUNCTIONS
1.

refers to its
end product
called order,
reward or
decision

2. applies to a
specific
situation
3.

present
determination
of rights,
privileges or
duties as of
previous or
present time or
occurrence

B. QUASI-JUDICIAL OR ADJUDICATORY
POWER
Proceedings partake of nature of
judicial
proceedings.
Administrative body granted
authority to promulgate its own
rules of procedure.
Two necessary conditions:
1. due process; and
2. jurisdiction
Includes the following powers:
1. Prescribe rules of procedure
2. Subpoena power
3. Contempt Power
Administrative Due Process:
1. right to a hearing;
2. tribunal must consider evidence
presented;
3. decision must have something to
support itself;
4. evidence must be substantial;
5. decision must be based on evidence
adduced at hearing or at least
contained in the record and
disclosed to parties;
6. board of judges must act on its
independent consideration of facts
and law of the case, and not simply

accept view of subordinate in

arriving at a decision; and
7. decision must be rendered in such a
manner that parties to controversy
can know various issues involved and
reason for decision rendered.(Ang
Tibay vs CIR, 69 Phil 635)
Substantial
Evidence

relevant
evidence as a reasonable mind might
accept as adequate to support a
conclusion.
Administrative Determinations Where
Notice and Hearing Not Necessary:
1. summary proceedings of distraint
and levy upon property of delinquent
taxpayer;
2. grant of provisional authority for
increase of rates, or to engage in
particular line of business;
3. cancellation of passport where no
abuse of discretion is committed;
4. summary abatement of nuisance per
se which affects safety of persons or
property;
5. preventive suspension of officer or
employee pending investigation; and
6. grant or revocation of licenses for
permits
to
operate
certain
businesses affecting public order or
morals.
Administrative Appeal or Review
1. Where provided by law, appeal from
administrative determination may be
made
to
higher
or
superior
administrative officer or body.
2. By virtue of power of control of
President, President himself or
through Department Head may
affirm, modify, alter, or reverse
administrative
decision
of
subordinate.
3. Appellate administrative agency may
conduct
additional
hearing
in
appealed case, if deemed necessary.
Res judicata effect of Administritve
Decisions
- has the force and binding effect of a
final judgment (note: applies only to
judicial and quasi judicial proceedings
not to exercise of administrative
functions, Brillantes vs. Castro 99 Phil.
497)

C. DETERMINATIVE POWERS
1. enabling permit the doing of an act
which
the law undertakes to
regulate;
2. directing order the doing or
performance of particular acts to
ensure compliance with the law and
are often exercised for corrective
purposes
3. dispensing to relax the general
operation of a law or to exempt from
general prohibition, or relieve an
individual or a corporation from an
affirmative duty;
4. examining - also called investigatory
power;
5. summary

power
to
apply
compulsion or force against persons
or property to effectuate a legal
purpose without judicial warrants to
authorize such actions.
III. EXHAUSTION OF
ADMINISTRATIVE REMEDIES
Whenever there is an available
administrative remedy provided
by law, no judicial recourse can
be made until all such remedies
have been availed of and
exhausted.
1. Doctrine of Prior Resort or
(Doctrine of Primary Administrative
Jurisdiction) where there is
competence or jurisdiction vested
upon administrative body to act
upon a matter, no resort to courts
may
be
made
before
such
administrative body shall have acted
upon the matter.
1. Doctrine
of
Finality
of
Administrative Action no resort to
courts will be allowed unless
administrative action has been
completed and there is nothing left
to be done in administrative
structure.
2. Judicial Relief from Threatened
Administrative Action courts will
not render a decree in advance of
administrative action and thereby
render such action nugatory. It is not
for
the
court
to
stop
an
administrative
officer
from
performing his statutory duty for
fear he will perform it wrongly.

Effect
of
Failure
to
Exhaust
Administrative Remedies: as a general
rule, jurisdiction of the court is not
affected but the complaint is vulnerable
to dismissal due to lack of cause of
action.
Exceptions to the Doctrine:
1. doctrine of qualified political agency
(when
the
respondent
is
a
department secretary whose acts as
an alter ego of the President bears
the implied and assumed approval of
the latter); except where law
expressly provides exhaustion;
2. administrative remedy is fruitless;
3. where there is estoppel on part of
administrative agency;
4. issue involved is purely legal;
5. administrative action is patently
illegal, amounting to lack or excess
of jurisdiction;
6. where there is unreasonable delay or
official inaction;
7. where there is irreparable injury or
threat thereof, unless judicial
recourse is immediately made;
8. in land case, subject matter is
private land;
9. where law does not make exhaustion
a condition precedent to judicial
recourse;
10. where observance of the doctrine
will result in nullification of claim;
11. where there are special reasons or
circumstances demanding immediate
court action; and
12. when due process of law is clearly
violated.
IV. JUDICIAL REVIEW OF
ADMINISTRATIVE DECISIONS
When made:
1. to determine constitutionality or
validity of any treaty, law,
ordinance, executive order, or
regulation;
2. to determine jurisdiction of any
administrative board, commission
or officer;
3. to determine any other questions
of law; and
4. to determine questions of facts
when necessary to determine
either:

a. constitutional or jurisdictional
issue;
b. commission
of
abuse
of
authority; and
c. when
administrative
fact
finding
body
is
unduly
restricted by an error of law.
Modes of review:
1. Statutory;
2. Non-statutory inherent power of
the court to
review such
proceedings upon questions of
jurisdiction and questions of law;
3. Direct proceeding;
4. Collateral attack.
General Rule: Findings of facts of
Administrative Agencies accorded great
weight by the Courts.
Exceptions to the Rule:

1. factual findings not supported by

evidence;
2. findings are vitiated by fraud,
imposition or collusion;
3. procedure which led to factual
findings is irregular;
4. palpable errors are committed; and
5. grave
abuse
of
discretion,
arbitrariness or capriciousness is
manifest.

Brandeis
Doctrine
of
Assimilation of Facts one
purports to be finding of fact but
is
so
involved
with
and
dependent upon a question of
latter,courts will review the
entire case including the latter.
law as to be in substance and
effect a decision on the .

San Beda College of Law

5
MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE
- right, authority and duty created
and conferred by law, by which for a
given period, either fixed by law or
enduring at pleasure of creating
power, and individual is vested with
some
sovereign
functions
of
government to be exercised by him
for
the
benefit
of
the
public.(Fernandez vs Sto Tomas, 234
SCRA 546)
Elements of Public Office: (LSDIP)
1. created by law or ordinance
authorized by law;
2. possess sovereign functions of
government to be exercised for
public interests;
3. functions defined expressly or
impliedly by law;
4. functions exercised by an officer
directly under control of law, not
under that of a superior officer
unless they are functioned conferred
by law upon inferior officers, who by
law, are under control of a superior;
(duties performed independently)
and
5. with permanency or continuity, not
temporary or occasional.
Characteristics:
-Public office is a public trust.
-Public office is not property and is
outside the commerce of man. It cannot
be subject of a contract. (Cruz, Law on
Public Officers, p.5)
II. PUBLIC OFFICERS
- individuals vested with public office
Classification of Public Officers:
1. Executive, legislative and judicial
officers;
2. Discretionary or ministerial officers;
3. Civil or military officers;
4. Officers de jure or de facto; and
5. National, provincial or municipal
officials

Eligibility and qualification:

two senses:
1. may refer to endowments,
qualities or attributes which
make an individual eligible for
public office;
2. may refer to the act of entering
into performance of functions of
public office.
Authority to prescribe qualification:
1. when prescribed by Constitution,
ordinarily exclusive, the legislature
may not increase or reduce
qualifications
except
when
Constitution
itself
provides
otherwise as when only minimum or
no qualifications are prescribed( ex:
Art XIII Sec 17 (2), Art VIII Sec 7 (2)
Consti) ;
2. when office created by statute,
Congress has generally plenary
power to prescribe qualification but
such must be:
a. germane to purpose of office;
and
b. not too specific so as to refer to
only one individual.
III. DE FACTO OFFICERS
- one who has reputation of being an
officer that he assumes to be, and
yet is not an officer in point of law.
- a person is a de facto officer where
the duties of the office are exercised
under
any
of
the
following
circumstances:
1. Without a known appointment or
election,
but
under
such
circumstances of reputation or
acquiescence as were calculated
to induce people, without
inquiry, to submit to or invoke
his action, supposing him to the
be the officer he assumed to be;
or
2. Under color of a known and valid
appointment or election, but
where the officer has failed to
conform to some precedent

POLITICAL LAW COMMITTEE

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

6
MEMORY AID IN POLITICAL LAW

requirement or condition (e.g.,

taking an oath or giving a bond);
3. Under color of a known election
or appointment, void because:
a. the officer was not eligible;
b. there was a want of power in
the electing or appointing
body;
c. there was a defect or
irregularity in its exercise;
such ineligibility, want of
power, or defect being
unknown to the public.
4. Under color of an election or an
appointment by or pursuant to a
public, unconstitutional law,
before the same is adjudged to
be such.
Note: Here, what is unconstitutional is
not the act creating the office, but the
act by which the officer is appointed to
an office legally existing. (Norton v.
County of Shelby)
Requisites:
1. valid existing office;
2. actual physical possession of said
office;
3. color of title to office;
4. by reputation or acquiescence;
5. known or valid appointment or
election but officer failed to
conform with legal requirements;
6. known appointment or election but
void because of ineligibility of
officer or want of authority of
appointing or electing authority or
irregularity in appointment or
election not known to public; and
7. known appointment or election
pursuant to unconstitutional law
before
declaration
of
unconstitutionality.
DE JURE
OFFICER
on

DE FACTO
OFFICER

1.

rests
right

the

1.

on reputation

2.

has lawful or
title
to
the
office

2.

has
possession
and
performs
the duties under
color of right
without
being

technically
qualified in all
points of law to
act
3.

cannot be
removed in a
direct
proceeding

3.

DE FACTO
OFFICER

may be ousted in
a
direct
proceeding
against him.

INTRUDER

1.

officer
under
any of the 4
circumstances
mentioned

1.

one who takes

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

2.

has color of
right or title to
office

2.

has
neither
lawful title nor
color of right or
title to office

3.

acts are valid as

to the public
until such time
as his title to
the office is
adjudged
insufficient

3.

acts
are
absolutely void
and
can
be
impeached
in
any proceeding
at
any
time
unless and until
he continues to
act for so long a
time as to afford
a presumption of
his right to act

4.

entitled to
compensation
for services
rendered

4.

not entitled to
compensation

Legal Effects of Acts

- valid insofar as they affect the
public
Entitlement to Salaries
General Rule: rightful incumbent may
recover from de facto officer salary
received by latter during time of
wrongful tenure even though latter
is in good faith and under color of
title.(Monroy v. CA, 20 SCRA 620)

POLITICAL LAW COMMITTEE

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

San Beda College of Law

7
MEMORY AID IN POLITICAL LAW

Exception: when there is no de jure

public officer, de facto officer
entitled to salaries for period when
he
actually
discharged
functions.(Civil Liberties Union v.
Exec. Sec., 194 SCRA 317)
Challenge to a De Facto Officer: must be
in a direct proceeding where the title
will be the principal issue
IV.

COMMENCEMENT
RELATIONS:
1. by appointment; or
2. by election

OF

OFFICIAL

Appointment selection, by authority

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

imposition
of
additional duties, usually by law, on
a person already in public office.
Classification of Appointments:
1. Permanent extended to person
possessing
requisite
qualification for the position and
thus enjoys security of tenure;
2. Temporary

acting
appointment, given to a non-civil
service eligible is without a
definite tenure and is dependent
upon the pleasure of the
appointing power;
3. Provisional- is one which may
be
issued
upon
prior
authorization
of
the
Commissioner of Civil service in
accordance with the provisions
of the Civil Service Law and the
rule and standards to a person
who has no t qualified in an

appropriate examination but

who
otherwise
meets
the
requirements for appointment to
a regular position in the
competitive service, whenever a
vacancy occurs and the filling
thereof is necessary in the
interest of the service and there
is no appropriate register of
those who are eligible at the
time of appointment;
4. Regular made by President
while Congress is in session and
becomes
effective
after
nomination is confirmed by the
Commission on Appointments
and continues until the end of
term; and
5. Ad-interim
a. Recess
-made
while
Congress is not in session,
before
confirmation,
is
immediately effective, and
ceases to be valid if
disapproved or bypassed by
CA upon next adjournment
of Congress;
b. Midnight made by the
President before his term
expires, whether or not this
is
confirmed
by
the
Commission
on
Appointments.

Regular
appointment

Ad
interim
appointment

Made during the

legislative
session
Made only after
the nomination
is confirmed by
the Commission
on Appointments
(CA)
Once confirmed
by
the
CA
continues until t
he end of the
term
of
the
appointee

Made during the

recess
Made
before
such
confirmation

Shall cease to be
valid
if
disapproved by
the CA or upon
the
next
adjournment

Nepotism all appointments in the

national,
provincial,
city
and
municipal governments or in any
branch or instrumentality thereof,

POLITICAL LAW COMMITTEE

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

San Beda College of Law

8
MEMORY AID IN POLITICAL LAW

including GOCC, made in favor of a

relative of the (1) appointing or (2)
recommending authority or of the (3)
chief of the bureau or office or of
the (4) persons exercising immediate
supervision over him. A relative is
one within the 3rd degree either of
consanguinity or affinity

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

Vacancy when an office is empty

and without a legally qualified
incumbent appointed or elected to it
with a lawful right to exercise its
powers and performs its duties.

Threefold Liability Rule wrongful

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

Classifications of vacancy:
1. original when an office is
created and no one has been
appointed to fill it;
2. constructive when the
incumbent has no legal right
or claim to continue in office
and can be legally replaced
by another functionary;
3. accidental when the
incumbent
having
died,
resigned, or been removed;
4. absolute when the term of
an incumbent having expired
and the latter not having
held over, no successor is in
being who is legally qualified
to assume the office.
V. POWERS AND DUTIES OF A
PUBLIC OFFICER:
1. Ministerial discharge is imperative
and requires neither judgment nor
discretion, mandamus will lie; and
2. Discretionary imposed by law
wherein officer has right to decide
how and when duty shall be
performed, mandamus will not lie.
II.

LIABILITY OF PUBLIC OFFICER

General Rule: not liable for injuries

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

Liability of Ministerial Officers:

1. Nonfeasance neglect or refusal to
perform an act which is officers
legal obligation to perform;
2. Misfeasance failure to use that
degree of care, skill and diligence
required in the performance of
official duty; and
3. Malfeasance doing, through
ignorance, inattention or malice, of
an act which he had no legal right to
perform.
Doctrine of Command Responsibility
A superior officer is liable for acts of
a subordinate when: (ERCAL)
1. he negligently or willfully employs or
retains
unfit
or
incompetent
subordinates;
2. he negligently or willfully fails to
require subordinate to conform to
prescribed regulations;
3. he negligently or carelessly oversees
business of office as to furnish
subordinate an opportunity for
default;
4. he directed or authorized or
cooperated in the wrong; or
5. law expressly makes him liable.

Under the Revised Admin. Code of

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

POLITICAL LAW COMMITTEE

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

San Beda College of Law

9
MEMORY AID IN POLITICAL LAW

Preventive Suspension
- a precautionary measure so
that an employee who is formally
charged of an offense may be separated
from the scene of his alleged
misfeasance while the same is being
investigated (Bautista v. Peralta, 18
SCRA 223)
- need not be preceded by prior
notice and hearing since it is not a
penalty but only a preliminary step in an
administrative investigation (Lastimosa
v. Vasquez, 243 SCRA 497)
- the period of preventive suspension
cannot be deducted from whatever
penalty may be imposed upon the erring
officer (CSC Resolution No. 90-1066)

PENDING
INVESTIGATION
[Sec.51, E.O.292]
1. not a penalty
but only a means
of enabling the
disciplinary
authority to
conduct an
unhampered
investigation.

2. no compensation
due for the
period of
suspension even
if found innocent
of the charges.

PENDING
APPEAL
[Sec.27(4), E.O.
292]
1. Punitive in
character

2. If exonerated,
he should be
reinstated with
full pay for the
period of
suspension.

Rules on Preventive Suspension:

1. Appointive Officials
Not a Presidential Appointee (Secs. 4142, P.D. 807):
a. by
whom

the
proper
disciplining
authority
may
preventively suspend;
b. against whom any subordinate
officer or employee under such
authority;
c. when pending an investigation;

d. grounds if the charge against

such
officer
or
employee
involves:
i. dishonesty;
ii. oppression
or
grave
misconduct;
iii. neglect in the performance
of duty; or
iv. if there are reasons to
believe that respondent is
guilty of the charges which
would warrant his removal
from the service
e. duration the administrative
investigation must be terminated
within 90 days; otherwise, the
respondent
shall
be
automatically reinstated unless
the delay in the disposition of
the case is due to the fault,
negligence or petition of the
respondent, in which case the
period of delay shall not be
counted in computing the period
of suspension.
A Presidential Appointee:
a. can only be investigated and
removed from office after due
notice and hearing by the
President of the Philippines
under the principle that the
power to remove is inherent in
the power to appoint as can be
implied from Sec. 5, R.A.2260
(Villaluz v. Zaldivar, 15 SCRA
710).
b. the Presidential Commission
Against Graft and Corruption
(PCAGC) shall have the power to
investigate
administrative
complaints against presidential
appointees in the executive
department of the government,
including GOCCs charged with
graft and corruption involving
one or a combination of the
following criteria:
i. presidential appointees with
the rank equivalent to or
higher than an Assistant
Regional Director;
ii. amount involved is at least
P10M;

POLITICAL LAW COMMITTEE

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

San Beda College of Law

10
MEMORY AID IN POLITICAL LAW

iii. those
which
threaten
grievous harm or injury to
the national interest; and
iv. those which may be assigned
to it by the President (E.O.
No. 151 and 151-A).
2. Elective Officials: (Sec 63, R.A.
7160)
a. by whom against whom
i. President elective official
of a province, a highly
urbanized or an independent
component city;
ii. Governor elective official
of a component city or
municipality;
iii. Mayor elective official of a
barangay
b. when at any time after the
issues are joined;
c. grounds:
i. reasonable ground to believe
that the respondent has
committed the act or acts
complained of;
ii. evidence of culpability is
strong;
iii. gravity of the offense so
warrants;
iv. continuance in office of the
respondent could influence
the witnesses or pose a
threat to the safety and
integrity of the records and
other evidence
d. duration:
i. single administrative case
not to extend beyond 60
days;
ii. several administrative cases
not more than 90 days
within a single year on the
same ground or grounds
existing and known at the
time of the first suspension
- Section 24 of the Ombudsman
Act (R.A. 6770) expressly provide
that the preventive suspension
shall continue until the case is
terminated by the Office of the
Ombudsman but not more than 6
months without pay.
The
preventive suspension for 6
months without pay is thus
according to law (Lastimosa v.
Vasquez, 243 SCRA 497)

- R.A. 3019 makes it mandatory for

the Sandiganbayan to suspend, for
a maximum period of 90 days
unless the case is decided within a
shorter period, any public officer
against whom a valid information
is filed charging violation of:
1. R.A. 3019;
2. Book II, Title 7, Revised Penal
Code; or
3. offense involving fraud upon
government or public funds or
property (Cruz, The Law of
Public Officers, pp. 86-87)
VII. RIGHTS OF PUBLIC OFFICERS:
1. Right to Office just and legal claim
to
exercise
powers
and
responsibilities of the public
office.
Term period during which
officer may claim to hold
office as a right.
Tenure period during which
officer actually holds office.
2. Right to Salary
Basis: legal title to office and
the fact the law attaches
compensation to the office.
Salary compensation provided
to be paid to public officer
for his services.
Preventive Suspension public
officer not entitled during the
period of preventive suspension,
but upon exoneration and
reinstatement he must be paid
full salaries and emoluments
during such period.
Back salaries are also payable to
an officer illegally dismissed or
otherwise unjustly deprived of
his office the right to recover
accruing from the date of
deprivation. The claim for back
salaries must be coupled with a
claim for reinstatement and
subject to the prescriptive
period of one (1) year. (Cruz,
Law on Public Officers, p126126)
Forms of Compensation:

POLITICAL LAW COMMITTEE

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MEMORY AID IN POLITICAL LAW

a. salary

personal
compensation to be paid to
public officer for his services
and it is generally a fixed
annual or periodical payment
depending on the time and
not on the amount of the
service he may render;
b. per diem allowance for
days actually spent in the
performance
of
official
duties;
c. honorarium something
given as not as a matter of
obligation,
but
in
appreciation for services
rendered;
d. fee payment for services
rendered or on commission
on moneys officially passing
through their hands; and
e. emoluments profits arising
from the office, received as
compensation for services or
which is annexed to the
office as salary, fees, or
perquisites.
3. Right to Preference in Promotion
Promotion movement from one
position to another with increase
in duties and responsibilities as
authorized by law and usually
accompanied by an increase in
pay.
Next-in-Rank Rule the person
next in rank shall be given
preference in promotion when the
position immediately above his is
vacated.
But the appointing
authority still exercises his
discretion and is not bound by
this rule.
Appointing officer is only
required to give special
reasons for not appointing
officer next in rank if he fills
vacancy by promotion in
disregard of the next in rank
rule. (Pineda vs. Claudio, 28
SCRA 34)
Automatic Reversion Rule all
appointments involved in chain of
promotions must be submitted

simultaneously for approval by

the Commission, the disapproval
of the appointment of a person
proposed to a higher position
invalidates the promotion of
those in the lower positions and
automatically restores them to
their former positions.
4. Right to vacation leave and sick
leave with pay;
5. Right to maternity leave;
6. Right to pension and gratuity;
Pension regular allowance paid
to an individual or a group of
individuals by the government in
consideration
of
services
rendered or in recognition of
merit, civil or military.
Gratuity a donation and an act
of pure liberality on the part of
the State.
7. Right to retirement pay;
8. Right to reimbursement for expenses
incurred in performance of duty;
9. Right to be indemnified against any
liability which they may incur in
bona fide discharge of duties; and
10. Right to longevity pay.
11. Right to Self-Organization
Art III, Sec 8 1987Consti. Note: Civil
servants are now given the right to self
organize but they may not stage strikes
(see: SSS Employees Assoc. vs. CA, 175
SCRA 686)

VIII. MODES OF TERMINATION

OFFICIAL RELATIONSHIP:
(TR3A3P DIFC2IT)
1. expiration of term or tenure;
2. reaching the age limit;
3. resignation;
4. recall;
5. removal;
6. abandonment;
7. acceptance of incompatible office;
8. abolition of office;

POLITICAL LAW COMMITTEE

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MEMORY AID IN POLITICAL LAW

9. prescription of right to office (within

one year after the cause of ouster or
the right to hold such office or
position arose);
10. impeachment;
11. death;
12. failure to assume elective office
within 6 months from proclamation;
13. conviction of a crime; and
14. filing of certificate of candidacy.

When public officer holds office at

pleasure of appointing power, his
replacement amounts to expiration
of his term, not removal.(Alajar vs
Alba, 100 Phil 683)
Principle of Hold-Over if no express or
implied Constitutional or statutory
provision to the contrary, public officer
is entitled to hold office until successor
has been chosen and shall have
qualified.
Purpose: to prevent hiatus in public
office. (But subject to Art. 237 of
RPC)
Retirement:
Members of Judiciary : 70 years of
age
Other government officers and
employees : 65 years of age
Optional retirement age: after
rendition of minimum number of
years of service.
Accepting Authority for Resignation:
1. to competent authority provided by
law;
2. If law is silent and public officer is
appointed, tender to appointing
officer;
3. If law is silent and public officer is
elected, tender to officer authorized
by law to call election to fill
vacancy:
a. President and Vice-President Congress
b. Members of Congress
respective Chambers
e. Governors,
Vice
Governors,
Mayors and Vice Mayors of HUCs
and independent component
cities - President.
f. Municipal Mayors and Vice
Mayors/City Mayors and Vice

g.
h.

Mayors of component cities

Provincial Governor;
Sanggunian
Members
Sanggunian concerned; and
Elective Barangay Officials
Municipal or City Mayors

Recall - termination of official

relationship for loss of confidence
prior to expiration of his term
through the will of the people.
Limitations on Recall:
1. any elective official may be subject
of a recall election only once during
his term of office for loss of
confidence; and
2. no recall shall take place within one
year from date of the officials
assumption to office or one year
immediately preceding a regular
local election.
Procedure for Recall (Secs. 70-72, R.A.
7160)
1. Initiation of the Recall Process:
a. by
a
Preparatory
Recall
Assembly (PRA) composed of:
i. Provincial mayors, vice
mayors and sanggunian (sg)
members
of
the
municipalities
and
component cities;
ii. City punong barangay and
(sg) barangay members;
iii. Legislative District:
iiia. SG
Panlalawigan

municipal officials in
the district;
iiib. SG
Panglunsod

barangay officials in
the district;
iv. Municipal - punong barangay
and (sg) barangay members;
majority of the PRA
members shall convene in
session in a public place;
recall of the officials
concerned shall be validly
initiated through a resolution
adopted by a majority of all
the PRA members concerned
b. by the Registered Voters (RV) in
the province, city, municipality
or barangay (LGU) concerned at least 25% of the total number

POLITICAL LAW COMMITTEE

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San Beda College of Law

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MEMORY AID IN POLITICAL LAW

of RV in the LGU concerned

during the election in which the
local official sought to be
recalled was elected;
i. written petition filed with
the COMELEC in the presence
of the representative of the
petitioner
and
a
representative of the official
sought to be recalled, and in
a public place of the LGU;
ii. COMELEC shall cause the
publication of the petition in
a public and conspicuous
place for a period of not less
than 10 days nor more than
20 days
iii. upon lapse of the said
period,
COMELEC
shall
announce the acceptance of
candidates and shall prepare
the list of candidates which
shall include the name of the
official sought to be recalled

3. Election on Recall COMELEC shall

set the date of the election on
recall:
a. for barangay, city or municipal
officials not later than 30 days
after the filing of the resolution
or petition;
b. for provincial officials - not later
than 45 days after the filing of
the resolution or petition;
4. Effectivity of Recall only upon the
election and proclamation of a
successor in the person of the
candidate receiving the highest
number of votes cast during the
election on recall.
Should the official sought to be
recalled receive the highest
number of votes, confidence in
him is thereby affirmed, and he
shall continue in office.

ELECTION LAW

POLITICAL LAW COMMITTEE

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

14
MEMORY AID IN POLITICAL LAW

I.SUFFRAGE
- right to vote in election of
officers chosen by people and in
the determination of questions
submitted to people. It includes:
1. election;
2. plebiscite;
3. initiative; and
4. referendum.
Election means by which people
choose their officials for a definite
and fixed period and to whom they
entrust for time being the exercise
of powers of government.
Kinds:
1. Regular election one provided
by law for election of officers
either nationwide or in certain
subdivisions
thereof,
after
expiration of full term of former
members; and
2. Special election one held to fill
vacancy
in
office
before
expiration of full term for which
incumbent was elected.
Failure of Elections
there are
only 3 instances where a failure of
elections may be declared, namely:
a. The election in any polling
place has not been held on
the date fixed on account of
force majeure, violence,
terrorism, fraud, or other
analogous causes;
b. The election in any polling
place had been suspended
before the hour fixed by law
for the closing of the voting
on
account
of
force
majeure,
violence,
terrorism, fraud, or other
analogous causes; and
c. After the voting and during
the
preparation
and
transmission of the election
returns or in the custody or
canvass
thereof
such
election results in a failure
to elect on account of force
majeure, violence,
terrorism, fraud or other
analogous causes. (Joseph
Peter Sison v. COMELEC,

G.R. No. 134096, March 3,

1999)

What is common in these

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

Postponement of Elections - An
election may be postponed by the
COMELEC either motu proprio or upon
a verified petition by any interested

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15
MEMORY AID IN POLITICAL LAW

party when there is violence,

terrorism, loss or destruction of
election paraphernalia or records,
force majeure, or other analogous
cause of such a nature that the
holding of a free, orderly and honest
election becomes impossible in any
political subdivision. (Sec. 5, B.P.
881)

The COMELEC shall call for the

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

Qualification for Suffrage:

1. Filipino citizen;
2. At least 18 years of age;
3. Resident of the Philippines for at
least one year;
4. Resident of place where he proposes
to vote for at least 6 months; and
5. Not otherwise disqualified by law.
Disqualification:
1. person convicted by final judgment
to suffer imprisonment for not less
than 1 year, unless pardoned or
granted
amnesty;
but
right
reacquired upon expiration of 5
years after service of sentence;
2. person adjudged by final judgment
of having committed any crime
involving disloyalty to government or
any crime against national security;
but right is reacquired upon
expiration of 5 years after service of
sentence; and
3. insane or incompetent persons as
declared by competent authority
(Sec. 118, OEC).
II. POLITICAL PARTY
- organized group of citizens
advocating an ideology or platform,
principles and policies for the general
conduct of government and which, as
the most immediate means of securing
their adoption, regularly nominates and

supports certain of its leaders and

members as candidate in public office.
(Bayan Muna v. Comelec, GR No. 147613,
June 28, 2001)

To acquire juridical personality

and to entitle it to rights and
privileges granted to political
parties, it must be registered
with COMELEC

policies for the general conduct

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

To acquire juridical personality

and to entitle it to rights and
privileges granted to political
parties, it must be registered
with COMELEC.

Groups Disqualified for Registration:

1. religious denominations or sects;
2. those who seek to achieve their
goals through violence or unlawful
means;
3. those who refuse to uphold and
adhere to Constitution; and
4. those
supported
by
foreign
governments.
Grounds for Cancellation of
Registration:
1. accepting financial contributions
from foreign governments or their
agencies; and
2. failure to obtain at least 10% of
votes casts in constituency where
party fielded candidates.

Party System a free and open party

system shall be allowed to evolve
according to free choice of people.
no votes cast in favor of political
party, organization or coalition
shall be valid except for those
registered under the party-list

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MEMORY AID IN POLITICAL LAW

system
provided
in
the
Constitution;
political parties registered under
party-list
system
shall
be
entitled to appoint poll watchers
in accordance with law; and
part-list representatives shall
constitute 20% of total number
of representatives in the House.

Guidelines for screening party-list

participants
1. The
political
party,
sector,
organization or coalition must
represent the marginalized and
underrepresented groups identified
in Sec. 5 of RA 7941. Majority of its
member-ship should belong to the
marginalized and underrepresented;
2. While even major political parties
are expressly allowed by RA 7941
and the Constitution, they must
comply with the declared statutory
policy of Filipino citizens belonging
to
marginalized
and
underrepresented sectors to be elected to
the House of Representatives.
Thus, they must show that they
represent the interest of the
marginalized and underrepresented.
3. That religious sector may not be
represented in the party-list system;
except that priests, imam or pastors
may be elected should they
represent not their religious sect but
the indigenous community sector;
4. A party or an organization must not
be disqualified under Sec. 6, RA 7941
as follows:
a. it is a religious sect or
denomination, organization or
association
organized
for
religious purposes;
b. it advocates violence or unlawful
means to seek its goals;
c. it is a foreign party or
organization;
d. it is receiving support from any
foreign government, foreign
political
party,
foundation,
organization, whether directly or
through any of its officers or
members or indirectly through
third
parties
for
partisan
election purposes;

e. it violates or fails to comply with

laws, rules or regulation relating
to elections;
f. it declares untruthful statements
in its petition;
g. it has ceased to exist for at least
one (1) year; or
h. it fails to participate in the last
two (2) preceding elections or
fails to obtain at least two per
centum (2%) of the votes cast
under the party-list system in
two (2) preceding elections for
the constituency in which it has
registered.
5. the party or organization must not
be an adjunct of, or a project
organized or an entity funded or
assisted by, the government.
6. the party, including its nominees
must comply with the qualification
requirements of section 9, RA 7941
as follows: No person shall be
nominated
as
party-list
representative unless he is: (a)
natural-born
citizen
of
the
Philippines; (b) a registered voter;
(c) a resident of the Philippines for a
period of not less than one year
immediately preceding the day of
the election; (d) able to read and
write; (e) a bona fide member of the
party or organization which he seeks
to represent for at least 90 days
preceding the day of the election;
and (f) at least 25 years of age on
the day of the election. In case of a
nominee of the youth sector, he
must at least be twenty five (25) but
not more than thirty (30) years of
age on the day of the election. Any
youth sectoral representative who
attains the age of thirty (30) during
his term shall be allowed to continue
in office until the expiration of his
terms;

7. not only the candidate party or

organization
must
represent
marginalized and underrepresented
sectors, so also must its nominees;
8. while lacking the a well-defined
political constituency, the nominee
must likewise be able to contribute
to the formation and enactment of

POLITICAL LAW COMMITTEE

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MEMORY AID IN POLITICAL LAW

appropriate legislation that will

benefit the nation as a whole. (Ang
Bagong Bayani-OFW Labor Party, v.
COMELEC, GR No. 147589, June 26,
2001).
III. DISQUALIFICATION OF
CANDIDATES:
1. declared as incompetent or insane
by competent authority;
2. convicted by final judgment for
subversion, insurrection, rebellion or
any offense for which he has been
sentenced to a penalty of 18 months
imprisonment;
3. convicted by final judgment for
crime involving moral turpitude;
4. any person who is permanent
resident of or immigrant to a foreign
country; and
5. one who has violated provisions on:
a. campaign period;
b. removal, destruction of lawful
election propaganda;
c. prohibited forms of propaganda;
d. regulation
of
propaganda
through mass media; and
e. election offenses.
- When a candidate has not yet been
disqualified by final judgment during
the election day and was voted for,
the votes cast in his favor cannot be
declared stray. To do so would
amount to disenfranchising the
electorate in whom sovereignty
resides. (Codilla vs. Hon. Jose De
Venecia, G.R. No. 150605, December
10, 2002)
Nuisance Candidate
COMELEC may motu propio
or
upon
petition
of
interested party, refuse to
give due course to or cancel
certificate of candidacy if
shown that said certificate
was filed:
1. to put election process in mockery or
disrepute;
2. to cause confusion among voters by
similarity of names of registered
candidates;
3. by other circumstances or acts which
demonstrate that a candidate has no
bona fide intention to run for office

for which certificate has been filed,

and
thus
prevent
a
faithful
determination of true will of
electorate.
IV. FAIR ELECTIONS ACT OF 2001 (RA
9006)
Lawful election Propaganda (sec. 3):
1. Written/Printed Materials (does not
exceed 8 in. width by 14 in.
length)
2. Handwritten/printed letters
3. Posters (not exceeding 2 x 3 ft.)
3 by 8 ft. allowed in
announcing, at the site and
on the occasion of a public
meeting or rally, may be
displayed 5 days before the
date of rally but shall be
removed within 24 hours
after said rally.
4. Print Ads
page in broadsheets and
page in tabloids thrice a
week
per newspaper,
magazine
or
other
publication
during
the
campaign period
5. Broadcast Media (i.e. TV and
Radio)
NATIONAL
POSITIONS

LOCAL
POSITIONS

1.

120 minutes
for TV

1.

60 minutes
for TV

2.

180 minutes
for Radio

2.

90 minutes
for Radio

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

POLITICAL LAW COMMITTEE

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Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
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MEMORY AID IN POLITICAL LAW

campaign staff of a candidate or

political party;
Limitation on Expenses:
1. for candidates:
President and Vice President
= P10/voter;
Other candidates, if with
party = P3/voter;
Other candidates, if without
party = P5/voter.
2. for political parties = P5/voter
Statement
of
Contribution
and
Expenses
every candidate and treasurer of
political party shall, within 30 days
after day of election, file offices of
COMELEC the full, true and itemized
statement of all contribution and
expenditures in connection with
election.
Election Survey
The SC held that Sec. 5.4 of the Fair
Election Act prohibiting publication
of
survey
results
15
days
immediately preceding a national
election and 7 days before a local
election violates the constitutional
rights of speech, expression, and the
press because:
it imposes a prior restraint on
the freedom of expression;
It is a direct and total
suppression of a category of
expression even though such
suppression is only for a limited
period; and
the governmental interest sought
to be promoted can be achieved
by means other than the
suppression of freedom of
expression.
(Social
Weather
Station v. Comelec, G.R. No.
147571 May 5, 2001)
Substituted and Substitute Candidate
- In case of valid substitutions
after the officials ballots have been
printed, the votes cast for the
substituted
candidates
shall
be
considered as stray votes but shall not
invalidate the whole ballot. For this
purpose, the official ballots shall provide

for spaces where the voters may write

the name of the substitute candidates if
they are voting for the latter: Provided,
however, That if the substitute
candidate is of the same family name,
this provision shall not apply.(Sec.12)
V. PRE-PROCLAMATION
CONTROVERSY
Any question pertaining to or
affecting proceedings of Board of
Canvassers which may be raised
by any candidate or by a
registered political party or
coalition of political parties
before the board or directly with
COMELEC or any matter raised
under Sections 233, 234, 235,
and
236,
in
relation
to
preparation,
transmission,
receipt,
custody
and
appreciation of election returns.
Issues which may be raised in a PreProclamation Controversy:
1. Illegal composition or proceedings of
the board of Canvassers;
2. Canvassed election returns are
incomplete,
contain
material
defects, appears to be tampered
with or falsified; or contain
discrepancies in the same returns or
in other authentic copies thereof as
mentioned in Sec. 233,234,235 and
236 of BP 881;
3. Election returns were prepared
under duress, threat, coercion, or
intimidation, or they are obviously
manufactured or not authentic; and
4. When substitute of fraudulent
returns in controverted polling
places were canvassed, the results of
which materially affected the
standing
of
the
aggrieved
candidate/s.

III. ELECTION CONTESTS

Nature: special summary proceeding
object of which is to expedite
settlement of controversies between
candidates as to who received majority
of legal votes.

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MEMORY AID IN POLITICAL LAW

Purpose: to ascertain true will of people

and duly elected officer, and this could
be achieved by throwing wide open the
appeal before the court.
Contest: any matter involving title or
claim of title to an elective office, made
before or after proclamation of winner,
whether or not contestant is claiming
office in dispute.
Election, Returns and qualification
refers to all matters affecting validity of
the contestees title to the position.
Election conduct of the polls,
including the registration of voters,
holding of election campaign, and
casting and counting of votes.
Returns include the canvass of
returns and proclamation of winners,
together with questions concerning
composition of Board of Canvassers
and authenticity of election returns.
Qualifications matter which could
be raised in a quo warranto
proceedings against the proclaimed
winner, such as his disloyalty to the
Republic or his ineligibility or
inadequacy of his certificate of
candidacy.
Original Exclusive Jurisdiction Over
Election Contests
1. President and Vice-President
Supreme Court en banc
2. Senator - Senate Electoral Tribunal
3. Representative - HR Electoral
Tribunal
4. Regional/Provincial/City - COMELEC
5. Municipal - RTC
6. Barangay - MTC
Appellate Jurisdiction:
1. For decisions of RTC and MTC
appeal to COMELEC whose
decision shall be final and
executory;
2. For decisions of COMELEC
petition for review on Certiorari
with SC within 30 days from
receipt of decision on ground of
grave
abuse
of
discretion
amounting to lack or excess of

jurisdiction or violation of due

process;
3. For decisions of Electoral Tribunal
petition for review on Certiorari
with SC on ground of grave abuse
of discretion amounting to lack
or excess of jurisdiction or
violation of due process.
Actions Which May Be Filed:
1. Election Protest
- May be filed by any candidate who
has filed a certificate of candidacy
and has been voted upon for the
same officer;
Grounds:
a. fraud;
b. terrorism;
c. irregularities; or
d. illegal acts
committed before, during, or
after casting and counting of
votes
Time to file: within 10 days from
proclamation of results of election.
2. Quo warranto
- Filed by any registered voter in the
constituency
Grounds:
a. ineligibility; or
b. disloyalty to Republic.
Time to file: within 10 days from
proclamation of results of election.
QUO WARRANTO
IN ELECTIVE
OFFICE
1.

QUO WARRANTO
IN APPOINTIVE
OFFICE

determination is
1.
eligibility of
candidate-elect
2. when person
2.
elected is
declared
ineligible, court
cannot declare 2nd
placer as elected,
even if eligible

IV.

determination is
legality of
appointment
court
may
determine as to
who among the
parties has legal
title to office

ELECTION OFFENSES

Vote-Buying and Vote-Selling

(1) Any person who gives, offers
or promises money or anything of
value, gives or promises any
office or employment, franchise

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MEMORY AID IN POLITICAL LAW

or grant, public or private, or

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

considerations. (Sec. 261, B.P.

881)

One of the effective ways of

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

LAW ON PUBLIC CORPORATION

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MEMORY AID IN POLITICAL LAW

I. LOCAL GOVERNMENT CODE OF 1991

(R.A. 7160)
Effectivity: January 1, 1992
Scope of Application of Local
Government Code:
Applicable to:
1. all provinces,
2. cities,
3. municipalities,
4. barangays;
5. and other political subdivisions
as may be created by law; and
6. to the extent provided in the
Local Government Code:
a. to officials,
b. offices, or
c. agencies of the National
Government.
Local Autonomy in its constitutional
sense, to polarize LGUs from over
dependence on central government and
do not make LGUs mini-republics or
imperium in imperia.
Decentralization of Administration
central
government
delegates
administrative powers to political
subdivisions in order to broaden base of
government power and in process make
LGUs more responsive and accountable
and ensure their fullest development as
self-reliant communities and make them
effective partners in the pursuit of
national
development
and
social
progress.
Decentralization of Power involves
abdication of political power in favor of
LGUs declared autonomous.(Limbona v.
Mengelin, 170 SCRA 786).
Devolution act by which national
government confers power and authority
upon various LGUs to perform specific
functions and responsibilities.[Sec.17(e),
par.2, LGC].

Declaration of Policy:
1. Territorial and subdivisions of State
shall enjoy genuine and meaningful

local autonomy to enable them to

attain fullest development and make
them more effective partners in
attaining national goals;
2. Ensure accountability of LGUs
through institution of effective
mechanisms of recall, initiative and
referendum; and
3. Require all national agencies and
offices
to
conduct
periodic
consultations
with
appropriate
LGUs,
NGOs
and
Peoples
Organizations and other concerned
sector of community before any
project or program is implemented
in their respective jurisdictions.
Rules on Interpretation:
1. provision
on
power:
liberally
interpreted in favor of LGU; in case
of doubt, resolved in favor of
devolution of powers;
2. ordinance or revenue measure:
construed strictly against LGU
enacting it and liberally in favor of
tax payer;
3. tax exemptions, incentive or relief
granted by LGU: construed against
person claiming;
4. general welfare provisions: liberally
interpreted to give more powers to
LGUs in accelerating economic
development and upgrading quality
of life for people in community;
5. rights and obligations existing on
date of effectivity of LGC of 1991
and arising out of contracts or any
other source of prestation involving
LGU, shall be governed by original
terms and conditions of said
contracts or law in force at time
such rights were vested; and
6. resolution of controversies arising
under LGC of 1991 where no legal
provision or jurisprudence applies,
resort may be had to customs and
traditions
in
place
where
controversies take place.
II. PUBLIC CORPORATION
- one formed and organized for the
government of a portion of the State.
Elements of Public Corporation:
1. legal creation or incorporation;
2. corporate name;
3. inhabitants; and

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MEMORY AID IN POLITICAL LAW

of LGUs within
jurisdiction.

4. territory.
Classes of Corporation:
1. Quasi-corporation

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

PRIVATE
CORPORATION

1. established for
purposes
of
administration
of
civil
and
local
governments

1. created for private

aim, gain or benefit
of members

2. creation of State
either by special or
general act

2. created by will of
incorporators
with
recognizance
of
State
3.
voluntary
agreement by and
among members

3.
involuntary
consequence
legislation

III. DE FACTO MUNICIPAL

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

IV. TERRITORIAL AND POLITICAL

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

its

territorial

2. City composed of more urbanized

and developed barangays, serves as
a general purpose government for
coordination and delivery of basic,
regular and direct services and
effective governance of inhabitants
within its territorial jurisdiction;
3. Municipality consisting of group of
barangays, serves primarily as a
general purpose government for
coordination and delivery of basic,
regular and direct services and
effective governance of inhabitants
within its territorial jurisdiction;
4. Barangay basic political unit which
serves as primary planning and
implementing unit of government
policies, plans, programs, projects
and activities in community, and as a
forum wherein collective views of
people
may
be
expressed,
crystalized and considered and
where disputes may be amicably
settled;
5. Autonomous Regions created for
decentralization of administration or
decentralization of government; and
6. Special
metropolitan
political
subdivisions created for sole
purpose of coordination of delivery
of basic services.
Creation of Municipal Corporations
1. For province, city or municipality,
only by Act of Congress;
2. For barangays, ordinance passed by
respective Sanggunian

Plebiscite Requirement
approved by a majority of
the votes cast in a plebiscite
called for the purpose in the
political
unit/s
directly
affected (Sec. 10, R.A. 7160)
Based
on
verifiable
indicators of viability and

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MEMORY AID IN POLITICAL LAW

projected
capacity
to
provide services (Sec. 7, R.A.
7160) [Note: see Annex C]

3. Intramural and extramural; and

4. Mandatory and directory; ministerial
and discretionary.

Beginning of Corporate Existence

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

Governmental Powers of LGU:

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

Abolition of LGU:
When income, population, or land
area of LGU has been reduced to less
than minimum standards prescribed
for its creation. The law or
ordinance abolishing LGU shall
specify
the
province,
city,
municipality or barangay with which
LGU sought to be abolished will be
incorporated or merged.
Division and Merger of LGUs
shall
comply
with
same
requirements, provided:
1. shall not reduce income, population
or land area of LGU concerned to
less than the minimum requirements
prescribed;
2. income classification of original LGU
shall not fall below its current
income
classification
prior
to
division;
3. Plebiscite be held in LGUs affected.
4. Assets and liabilities of creation shall
be equitably distributed between the
LGUs affected and new LGU. When
municipal district of other territorial
divisions is converted or fused into a
municipality all property rights
vested
in
original
territorial
organization shall become vested in
government of municipality.
V. POWERS OF LGUs
Classification of Powers of Local
Government Units
1. Express, implied and inherent;
2. Public or governmental, private or
proprietary;

In case of permanent closure:

a. adequate provision for public
safety must be made; and
b. may be properly used or
conveyed for any purpose for
which other real property may
be lawfully used or conveyed;
provided no freedom park be
permanently closed without

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San Beda College of Law

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MEMORY AID IN POLITICAL LAW

provisions or transfer to new

site.
7. Local legislative power (Secs. 4859 of RA 7160)
Approval of ordinances:
a. local chief executive with his
signature on each and every
page;
b. if local chief executive vetoes
the same, may be overridden by
2/3 vote of all sanggunian
members;
(i)
grounds
for
veto:
ordinance is ultra vires
or prejudicial to public
welfare;
(ii)
local chief executive
may
veto
particular
item/s of appropriation
ordinance, adoption of
local development plan
and public investment
plan,
or
ordinance
directing payment of
money
or
creating
liability; and
(iii)
local chief executive
may veto an ordinance
only once;
c. veto
communicated
to
sanggunian within 15 days for
province and 10 days for city or
municipality.
Requisites for validity:
a. must
not
contravene
the
Constitution and any statute;
b. must not be unfair or oppressive;
c. must
not
be
partial
or
discriminatory;
d. must not prohibit, but may
regulate trade;
e. must not be unreasonable; and
f. must be general in application
and consistent with public policy.

Barangay Chairman has no

veto power.
Corporate Powers of LGU:
1. to have continuous succession in its
corporate name;
2. to sue and be sued;
3. to have and use a corporate seal;
4. to acquire and convey real or
personal property;
5. power to enter into contracts;

Requisites of valid municipal

contracts:
a.
LGU has express, implied, or
inherent power to enter into a
particular contract;
b. Entered
into
by
proper
department,
board,
committee, or agent;
c.
Must comply with substantive
requirements;
d. Must comply with formal
requirements; and
e.
In case entered into by local
chief executive on behalf of
LGU, prior authorization by
Sanggunian
concerned
is
needed
6. to exercise such other powers as
granted to corporation, subject to
limitations
provided
in
Local
Government Code of 1991 and other
laws.
VI. MUNICIPAL LIABILITY:
Rule: Local government units and their
officials are not exempt from liability for
death or injury to persons or damage to
property (Sec. 24, R.A. 7160)
1. Statutory provisions on liability:
a. Art. 2189, Civil Code defective
condition of roads, streets,
bridges, public buildings, and
other public works;
b. Art. 2180(6th par.), Civil Code
acts through a special agent;
d. Art. 34, Civil Code failure or
refusal of a member of the
police force to render aid and
protection in case of danger to
life and property
2. for Tort depends if engaged in:
a. governmental functions not
liable;
b. proprietary functions liable
3. for Violation of Law
4. for Contracts if contract is:
a. intra vires liable;
b. ultra vires not liable
Doctrine of Implied Municipal
Liability a municipality may
become obligated upon an
implied contract to pay the
reasonable value of the benefits
accepted or appropriated by it

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San Beda College of Law

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MEMORY AID IN POLITICAL LAW

as to which it has the general

power to contract (Province of
Cebu v. IAC, 147 SCRA 447); the
doctrine applies to all cases
where money or other property
of a party is received under such
circumstances that the general
law, independent of an express
contract, implies an obligation
to do justice with respect to the
same (Nachura, Reviewer in
Political Law, p. 431)
VII. QUALIFICATION OF ELECTIVE
LOCAL OFFICIALS:
1. citizen of the Philippines;
2. registered
voter
of
barangay,
municipality, city, province, or
district where he intends to be
elected;
3. resident therein for at least 1 year
preceding election;
4. able to read and write Filipino or
local language or dialect; and
5. age:
a. 23 years of age Governor, Vice
Governor,
Board
Member,
Mayor, Vice Mayor or Member of
City Council for HUCs.
b. 21 years of age Mayor or Vice
Mayor of ICCs, component cities
or municipalities;
c. 18 years of age members of
ICC or component city or
municipal council or punong
barangay
or
member
of
barangay council;
d. at least 15 but not 21 years of
age candidate for sanggunian
kabataan.
(Sec. 39, RA 7160)
Disqualification of Elective Local
Official:
1. sentenced by final judgment for
offense involving moral turpitude or
punishable by 1 year or more of
imprisonment within 2 after service
of sentence;
2. those removed from office due to
administrative cases;
3. those convicted by final judgment
for violating oath of allegiance to
the Republic;
4. those with dual citizenship;

5. fugitives from justice in criminal or

non-political cases here or abroad;
6. permanent resident in foreign
country; and
7. insane or feeble-minded.(Sec.40,
RA.7160)
VIII. MANNER OF ELECTION
1. Elected at large
a. Governor; Vice Governor;
b. City or municipal mayor; City or
municipal vice-mayor;
c. Punong barangay,
d. SK chairman, elected by voters
of Katipunan ng Kabataan
2. Elected by District
a. regular members of Sanggunian
b. ex-officio
members
of
Sanggunian
(i.) panlalawigan
president of leagues of
sanggunian members of
component cities and
municipalities; and
president of liga ng mga
barangay and pederasyon
ng
mga
sanggunian
kabataan
(ii.) panlunsod
president of liga ng mga
barangay
and the
pederasyon ng mga SB
(iii.)
bayan
president of liga ng mga
barangay
and
the
pederasyon
ng
mga
sanggunian kabataan
3. Sectoral representatives women,
worker, urban poor, and other
sectors allowed by law.
Date of Election: Every 3 years on
2nd Monday of May, unless otherwise
provided by law.
Term of Office: 3 years starting
from noon of June 30 next following
the election or such date as may be
provided by law, except that of
elective barangay officials, for
maximum of 3 consecutive terms in
same position.
Consecutive:
After
three
consecutive terms, an elective

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MEMORY AID IN POLITICAL LAW

local
official
cannot
seek
immediate reelection for a
fourth term. The prohibited
election refers to the next
regular election for the same
office following the end of the
third consecutive term. Any
other subsequent election, like a
recall election is no longer
covered by the prohibition
(Socrates vs. Comelec, G.R. No.
154512, November 12, 2002).
IX. GROUNDS FOR DISCIPLINARY
ACTIONS:
1. disloyalty to the Republic;
2. culpable
violation
of
Constitution;

status of an immigrant of another

country; and
8. such other grounds as may be
provided in EC and other laws

Under Sec. 60 of RA 7160 an

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

the

3. dishonesty, oppression, misconduct

in office, gross negligence or
dereliction of duty;
4. commission of offense involving
moral
turpitude
or
offense
punishable by at least prision mayor;
5. abuse of authority;
6. unauthorized
absence
for
15
consecutive working days except
sanggunian members;
7. application for, acquisition of ,
foreign citizenship or residence or

POLITICAL LAW COMMITTEE

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

San Beda College of Law

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MEMORY AID IN POLITICAL LAW

POLITICAL LAW COMMITTEE

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