ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW

Morillo Notes
as agents of the government their own government except
insofar as it has been adopted
ADMINISTRATIVE LAW, LAW ON into the administrative law of
PUBLIC OFFICERS, AND ELECTION LAW the state.
MORILLO NOTES
Atty. Kenjie Aman/ Atty. Hanna Almirez
ADMINISTRATIVE LAW: CONSTITUTIONAL LAW:

Prescribe the general Gives and carries the such

Part 1 framework of governmental general framework in its
ADMINISTRATIVE LAW: organization minutest details

Treats the rights of the Treat such rights from the

individual. standpoint of the powers of
the government.
Chapter 1:
GENERAL CONCEPTS AND PRINCIPLES Prescribes limitations on the Indicates to individuals,
ADMINISTRATIVE AGENCIES AND ORGANIZATIONS powers of the government to remedies for the violation of
protect the rights of individuals their rights.
against abuse in their exercise.

A. INTRODUCTION:
ADMINISTRATIVE LAW: PUBLIC ADMINISTRATION:

CONCEPT OF ADMINISTRATIVE LAW: Covers all laws that concern The practical management
- The law which governs the organization, functions, public administration and direction of the various
and procedures of administrative agencies of the organs of the State and the
government to which (quasi) legislative powers are execution of state policies by
delegated and (quasi) judicial powers are granted, the executive and
administrative officers
and the extent and manner to which such agencies
entrusted with such functions.
are subject to control by the courts. (1 Am. Jur. 2d
806; p. 2-3, De Leon, Administrative Law, 2013) Subject matter of
administrative law.
SCOPE OF ADMINISTRATIVE LAW:
(a) Fixes the administrative organization and structure
of the government; CLASSIFICATION OF ADMINISTRATIVE LAW:
(b) The execution or enforcement of which is entrusted 1. As to its Source:
to administrative authorities; a. The law that controls administrative authorities:
(c) Governs public officers including their competence ● The Constitution, statutes, judicial decisions,
to act, rights, duties, liabilities, election, etc.; executive orders of the President, and
(d) Creates administrative agencies, defines their administrative orders of administrative superiors
powers and functions, prescribes their procedures, giving directions to administrative subordinates.
including the adjudication or settlement by them of b. The law made by administrative authorities:
contested matters involving private interests; ● Administrative law made by administrative
(e) Provides the remedies (administrative or judicial) authorities includes both general regulations
available to those aggrieved by administrative and particular determinations.
actions or decisions; ● It constitutes, under delegations of power
(f) Governs judicial review of, or relief against, embodied in statutory administrative law, an
administrative actions or decisions; imposing and constantly expanding body of
(g) Rules, regulations, orders and decisions (including law.
presidential proclamations) made by administrative 2. As to its Purpose:
authorities dealing with the interpretation and a. Procedural Administrative Law:
enforcement of the laws entrusted to their - Establishes the procedure which an agency
administration; and must or may follow in the pursuit of its legal
(h) Body of judicial decisions and doctrines dealing purpose.
with any of the above. (p.3, De Leon, Administrative - Derive from the Constitution or a statute, or
Law, 2013) from agency regulations.
b. Substantive Administrative Law:
- The law establishes primary rights and duties.
ADMINISTRATIVE LAW: INTERNATIONAL LAW: 3. As to its Applicability:
a. General Administrative Law:
Lays down the rules which Cannot be binding on the
- General nature and mostly common to all
shall guide the officers of the officers of any government
administration in their actions considered in their relation to administrative agencies.
- Generally procedural law (remedies).

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Morillo Notes
b. Special Administrative Law:
any or all classes of traffic “whenever the condition of the road or
- Administrative law that pertains to particular the traffic thereon makes such action necessary or advisable in
agencies. the public convenience and interest.” Therefore, the delegated
- It proceeds from the particular statute creating power is not the determination of what the law shall be, but
the individual agency and has little or no merely the ascertainment of the facts and circumstances upon
application, except in connection with such which the application of said law is to be predicated.
agency.

B. CREATION, REORGANIZATION AND ABOLITION

OPLE vs. TORRES
OF ADMINISTRATIVE AGENCIES:
GR no. 127685, July 23, 1998

FACTS:
Senator Ople assailed the constitutionality of Administrative 1. Source:
Order no. 308 (National Computerized Identified System)
because it usurps the power of the Congress to legislate.
According to him, the issuance of the AO is not a mere SOURCES OF ADMINISTRATIVE AGENCIES:
administrative order but a law which is beyond the power of the - Created by or receive their powers from
President to issue. constitutional provisions but mostly, their source in
legislative enactments. (Cebu United vs. Gallofin,
ISSUE: 106 Phil. 491)
W/N Administrative Order no. 308 is constitutional

RULING:
DEFINITION OF ADMINISTRATIVE AGENCY:
NO, AO 308 is unconstitutional. Administrative power is - Any of the various units of the Government,
concerned with the work of applying policies and enforcing including a department, bureau, office,
orders as determined by proper governmental organs. An instrumentality, or government-owned or controlled
administrative order is an ordinance issued by the President corporation, or a local government or a distinct unit
which relates to specific aspects in the administrative operation therein. (Sec. 2(4), Admin. Code)
of government. It must be in harmony with the law and should be
for the sole purpose of implementing the law and carrying out
the legislative authority. NATIONAL AGENCY: LOCAL AGENCY:

AO 308 involves a subject that is not appropriate to be covered A unit of the national A local government or a
by an administrative order. Government. (Sec. 2(5), Admin distinct unit therein. (Sec. 2(6),
Code) Admin. Code)

CALALANG vs. WILLIAMS

GR no. 47800, December 2, 1940
MAIN CHARACTERISTICS OF AN ADMINISTRATIVE
AGENCY:
FACTS: (a) Size - Administrative agencies are usually larger in
Pursuant to the provisions of CA 548 which authorizes the size.
Director of Public Works, with the approval of the Sec. of Public (b) Specialization - Administrative agencies specialize
Work, to promulgate rules and regulations to regulate and control either: (1) Prevention or reduction of controversies; or
the use of and traffic on national roads, AD Williams (Chairman of (2) Adjudication and rule-making.
the National Traffic Commision) recommend the prohibition of
(c) Responsibility for results - Administrative agencies
animal-drawn vehicles from passing Rosario Street to
Dasmarinas Street and other roads in the city of Manila.
are tasked by Congress with accomplishing a
particular statutory end
Maximo Calalang (taxpayer and citizen of Manila) brought a (d) Variety of duties - Administrative agencies have
petition for a writ of prohibition against Williams, et. al, different functions or duties.
contending that CA 548 which authorizes the Director of Public
Works to promulgate rules regulating the use of and traffic on I. ORGANIZATION OF THE OFFICE OF THE PRESIDENT:
national roads and streets, to be unconstitutional because it
constitutes an undue delegation of legislative power.
Components of Office of the President:
ISSUE:
a. Private Office:
W/N CA 548 is unconstitutional because it constitutes an undue - Provide direct services to the President; and
delegation of legislative power. - Shall attend to functions and matters that are
personal or which pertain to the First Family.
RULING: b. Executive Office:
YES, Sec. 1, CA no. 648 do not confer legislative power on the - Headed by the Executive Secretary:
Director of Public Works and Secretary of Public Works. The - Refers to the Office of the Executive
authority therein do not to determine what public policy
Secretary, Deputy Executive Secretaries and
demands but merely to carry out the legislative policy laid down
by the National Assembly to promote safe transit and to avoid
Assistant Executive Secretaries. (Sec. 22(2),
obstructions on, roads and streets designated as national roads Book III, Administrative Code)
by acts of the National Assembly or by executive orders of the
President of the Philippines” and to close them temporarily to

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- Shall be fully responsive to the specific needs and
requirements of the President to achieve the Department - An executive department created by law. It
purposes and objectives of the Office. refers to any instrumentality having or assigned the rank of a
department, regardless of its name or designation. (Sec.
Executive Secretary:
● Subject to the control and supervision of the President; 2(7), Administrative Code)
● Carry out the functions assigned by law to the
Executive Office; and Instrumentality - An agency of the National Government,
● Shall perform such other duties as may be delegated to not integrated within the department framework vested
him by the President. within special functions or jurisdiction by law, endowed with
c. Common Staff Support System: some if not all corporate powers, administering special
- Embraces the offices or units under the general funds, and enjoying operational autonomy, usually through a
categories of development and management, charter. This term includes regulatory agencies, chartered
general government administration and internal institutions and government-owned or controlled
administration. (Sec. 22(3), Book III, Administrative corporations. (Sec. 2(10), Administrative Code)
Code)
d. Presidential Special Assistants/Adversary System; Chartered Institutions - Any agency organized or operating
- Includes special assistants or advisers as may be under a special charter, and vested by law with functions
needed by the President. relating to specific constitutional policies or objectives. This
- Shall provide advisory or consultative services to term includes the state universities and colleges and the
the President in such fields and under such monetary authority of the State. (Sec. 2(12), Administrative
conditions as the President may determine. (Sec. Code)
22(4), Book III, Administrative Code)
Number; Purpose and Decentralization:
Agencies under the Office of the President: (a) Number - The Executive Branch shall have such
● Those offices under the chairmanship of the President; Departments as are necessary for the functional
● Those under the supervision and control of the distribution of the work of the President and for the
President; performance of their functions. (Sec. 1, Book IV,
● Those under the administrative supervision of the Administrative Code);
Office of the President; (b) Purpose - The Department shall be organized and
● Those attached to the Office of the President for maintained to insure their capacity to plan and
policy and proper coordination; and implement programs in accordance with
● Those that are not placed by law, or order creating established national policies;
them under any special department. (Sec. 23, Book III, (c) Bureaus and offices under each Department shall
Administrative Code) be grouped primarily on the basis of major
functions to achieve simplicity, economy and
Authority to Reorganize Structure: efficiency in government operations and minimize
- Subject to the policy in the Executive Office and in duplication and overlapping of activities; and
order to achieve simplicity, economy and (d) Decentralization - The functions of the different
efficiency, the President shall have continuing Departments shall be decentralized in order to
authority to reorganize the administrative structure reduce red tape, free central officials from
of the Office of the President. administrative details concerning field operations,
and relieve them from unnecessary involvement in
Allowable Actions of the President to Reorganize: routine and local matters.
(a) Restructure the internal organization of the Office of - Adequate authority shall be delegated to
the President Proper, including the immediate Offices, subordinate officials.
the Presidential Special Assistants/Advisers System, - Administrative decisions and action shall
and the Common Staff Support Systems, by (as much as possible) bt at the level closest
abolishing, consolidating or merging units thereof or to the public.
transferring functions from unit to another;
(b) Transfer any function under the Office of the President Department Proper:
to any other Department of Agency as well as transfer (a) Unless otherwise provided in this Code or by law,
functions to the Office of the President from other the Department proper shall include the Office of
Departments and agencies; and the Secretary and the staff consist of the Secretary
(c) Transfer agency under the Office of the President to and the Undersecretary or Undersecretaries,
any other department or agency as well as transfer together with the personnel in their immediate
agencies to the Office of the President from other offices;
departments or agencies. (b) Every Secretary shall be assisted by such number
of Undersecretaries as may be provided for by this
Code or by law;
(c) The Undersecretary shall perform the functions as
provided in Chapter 2 of this Book;
II. ORGANIZATION OF DEPARTMENTS:

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Morillo Notes
(d) Whenever necessary, Assistant Secretary position IV. DEPARTMENT SERVICES:
or positions may be created to form part of the
Department proper; and Department Services - Except as otherwise provided by
(e) In the absence of special provisions, the major staff law, each Department shall have Department Services which
units of each department shall be the services shall include the Planning Service, the Financial and
which shall include: the Planning Service, the Management Service, the Administrative Service, and
Financial and Management Service, the whenever necessary the Technical and Legal Services. (Sec.
Administrative Service, and when necessary, the 12, Book IV, Admin. Code)
Technical and Legal Services. (Sec. 3, Book IV,
Admin. Code) 1. Planning Service:
- Provide the department with economical, efficient
Jurisdiction Over Bureaus, Offices, Regulatory Agencies and effective services relating to planning,
and Government Corporations: programming, and project development; and
- Each Department shall have jurisdiction over - Discharge such other functions as may be provided
bureaus, offices, regulatory agencies, and by law. (Sec. 13, Book IV, Admin. Code)
government-owned or controlled corporations 2. Financial and Management Service:
assigned to it by law, in accordance with the - Advice and assist the Secretary on budgetary,
applicable relationship as defined in Chapter 7, 8, financial and management matters; and
and 9 of this Book. (Sec. 4, Book IV, Admin Code) - Perform such other functions as may be provided
by law. (Sec. 14, Book IV, Admin. Code)
Office - Any major functional unit of a department or 3. Administrative Service:
bureau incli\uding regional offices. it may also refer to any - Provide the Department with economical, efficient
position held or occupied by individual persons, whose and effective services relating to:
functions are defined by law or regulation. (Sec. 2(9), - personnel legal assistance,
Admin. Code) - information,
- records,
Assignment of Offices and Agencies: - delivery and receipt of correspondence,
- The President shall, by executive order, assign - supplies,
offices and agencies not otherwise assigned by law - equipment,
to any department, or indicate to which department - collections,
a government corporation or board may be - disbursement,
attached. (Sec. 5, Book IV, Admin. Code) - security and custodial work; and
- Perform such other functions as may be provided
by law. (Sec. 15, Book IV, Admin. Code)
III. SECRETARIES, UNDERSECRETARIES 4. Technical Service:
AND ASSISTANT SECRETARIES: - Take charge of technical staff activities essential to
a department and which cannot be allocated to the
Authority and Responsibility of the Secretary: three (3) other services or to the bureaus. (Sec. 16,
- The authority and responsibility for the exercise of Book IV, Admin. Code)
the mandate of the Department and for the 5. Legal Service:
discharge of its powers and functions shall be - It shall be provided where the operations of the
vested in the Secretary, who shall have supervision department involve substantial legal work, in which
and control of the Department. (Sec. 6, Book IV, case, the Administrative Service shall not have a
Admin. Code) Legal Division.
- It shall provide legal advice to the department.
Authority and Responsibility of the Undersecretary: - Where the workload of the department does not
- Advise and assist the Secretary in the formulation warrant a Legal Service or a Legal Division, there
and implementation of department objectives and shall be one or more legal assistants in the Office of
policies. the Secretary. (Sec. 17, Book IV, Admin. Code)
- Temporarily discharge the duties of the Secretary in
the latter’s absence or inability to discharge his
duties for any cause or incase of vacancy of said V. ORGANIZATION OF BUREAUS:
office, unless otherwise provided by law. (Sec. 10,
Book IV, Admin. Code) Concept of Bureau:
● Any principal subdivision of a unit of any department.
Authority and Responsibility of the Assistant Secretary: ● It shall include any principal subdivision or unit of any
- Perform duties and functions as may be provided instrumentality given or assigned the rank of a
by law or assigned to him/her by the Secretary. bureau, regardless of actual name or designation, as
(Sec. 11, Book IV, Admin. Code) in the case of department-wide regional offices. (Sec.
2(8), Admin. Code).

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● Any principal subdivision of the department shall also appoint the second level personnel of the
performing a single major function or closely related regional offices, unless such power has been
functions. (Sec. 18(1), Book IV, Admin. Code) delegated. He shall have the authority to discipline
employees in accordance with the Civil Service Law.
Organization of a Bureau: (Sec. 30, Book IV, Admin. Code);
- Each bureau shall be headed by a Director who (c) The head of bureau or office may, in the interest of
may have one or more Assistant Directors as economy, designate the assistant head to act as chief
provided by law; and of any division or unit within the organization, in
- Each bureau may have as many divisions as are addition to his duties, without additional
provided by law for the economical, efficient and compensation. (Sec. 31(2), Book IV, Admin. Code);
effective performance of its functions. (Sec. (d) The head of each bureau or office shall, consistent
18(2)(3), Book IV, Admin. Code) with law, rules and regulations, prescribe the form and
fix the amount of all bonds executed by private parties
Kinds of Bureaus: to the government under the laws pertaining to his
bureau or office. He shall pass on the sufficiency of the
Staff Bureau: Line Bureau:
security and retain possession of the bond. (Sec. 35(1),
Primarily perform policy, Directly implement programs Book IV, Admin. Code);
program development and adopted pursuant to (e) The head of a bureau or office shall prescribe forms
advisory functions. (Sec. 19(1), department policies and plans. and issue circulars or orders to secure the harmonious
Book IV, Admin. Code) (Sec. 20(1), Book IV, Admin. and efficient administration of his bureau or office and
Code) to carry into full effect the laws relating to matters
within his jurisdiction. Penalties shall not be prescribed
It shall avail itself of the It may have staff units (as may in any circular or order for its violation, except as
planning, financial and be necessary) corresponding expressly allowed by law; (Sec. 36(1), Book IV, Admin.
administrative services in the to the services of the
Code); and
department proper, if department proper. If the
circumstances so warrant. Bureau is small, only a single (f) Heads of bureaus or offices are authorized to issue
(Sec. 19(3), Book IV, Admin. unit performing combined staff orders regarding the administration of their internal
Code) functions may be provided. affairs for the guidance of or compliance by their
(Sec. 20(3), Book IV, Admin. officers and employees. (Sec. 36(2), Book IV, Admin.
Code) Code).

Functions of the Bureau Director:

VI. ORGANIZATION OF FIELD OFFICES:
Director of Staff Bureau: Director of Line Bureau:
Regional Offices:
1. Advise and assist the Office a. Exercise supervision and - Regional Offices shall be established according to
of the Secretary on matters control over all division and
law defining field service areas.
pertaining to the Bureau's other units, including
area of specialization; regional offices, under the
- The administrative regions shall be composed of a
2. Provide consultative and bureau; National Capital Region and Regions I to XII.
advisory services to the b. Establish policies and Provincial and district offices may be established
regional offices of the standards for the operations only by law whenever necessary. (Sec. 21, Book IV,
department; of the bureau pursuant to Admin. Code)
3. Develop plans, programs, the plans and programs of
operating standards, and the department; Administration:
administrative techniques c. Promulgate rules and
- The regional office shall be headed by a Regional
for the attainment of the regulations necessary to
objectives and functions of carry out bureau objectives,
Director who may be assisted by one (1) Assistant
the bureau; and policies and functions; and Regional Director, except as may otherwise be
4. Perform such other duties d. Perform such other duties provided by law.
as may be provided by law. as may be provided by law. - The Regional Director shall be responsible for
(Sec. 19(2), Book IV, Admin. (Sec. 20(2), Book IV, Admin. department or agency functions performed in the
Code) Code) region under his jurisdiction. (Sec. 23, Book IV,
Admin. Code)
Powers and Duties of Heads of Bureaus or Offices:
(a) The head of bureau or office shall be its chief executive Supervision:
officer. He shall exercise overall authority in matters (a) Whenever the function or activity of a department
within the jurisdiction of the bureau, office or agency, or agency requires central or interregional action,
including those relating to its operations, and enforce the function may be performed by the regional
all laws and regulations pertaining to it. (Sec. 29, Book offices under the supervision and control of the
IV, Admin. Code); department proper or line bureau concerned.
(b) The head of bureau or office shall appoint personnel to (b) The staff bureau or division shall perform primarily
all positions in his bureau or office, in accordance with advisory or auxiliary functions and exercise in
law. In the case of the line bureau or office, the head behalf of the department or agency functional

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supervision over the regional offices. This shall
which amended Section 1 of P.D. No. 1415 by inserting therein
include authority to develop and set down said words. Besides, even granting for the sake of argument that
standards, policies and procedures to be such words are written into the law, such exception cannot
implemented by operating units, and to evaluate confer upon the OGCC authority to represent the SRA. The
continuously such implementation for the purpose exception simply means that although the OGCC is the principal
of recommending or when authorized, taking law office of all government-owned and controlled corporations
corrective measures. (Sec. 24, Book IV, Admin. including their subsidiaries, the President may not allow it to act
Code) as lawyer for a specified government-owned or controlled
corporation or a subsidiary thereof. It will be noted that under
Section 1 of P.D. No. 478 the President may authorize the OSG
Organization of Regional Offices: to represent government-owned or controlled corporations. In
● Regional offices organized on a department wide short, the exception limits, rather than expands, the authority of
basis shall have units or personnel in which the the OGCC. Thus, the so-called approval by the Executive
functional areas of the staff bureaus and services in Secretary of the request of OGCC to represent the SRA is based
the department shall be represented. on an erroneous interpretation of the law.
● Regional offices of a line bureau may have units or
personnel in which the functional areas of the
primary units of the bureau are represented. EUGENIO vs. CIVIL SERVICE COMMISSION
● Related functions of regional units shall be GR no. 115863, March 31, 1995
consolidated. (Sec. 25, Book IV, Admin. Code)
The Career Executive Service Board (CESB) was created to serve
as the governing body of the Career Executive Service.
Functions of a Regional Office: Therefore, as the CESB was created by law, it can only be
(a) Implement laws, policies, plans, programs, rules abolished by the legislature.
and regulations of the department or agency in the
regional area; In the petition at bench, the legislature has not enacted any law
(b) Provide economical, efficient and effective service authorizing the abolition of the CESB. On the contrary, in all the
to the people in the area; General Appropriations Acts from 1975 to 1993, the legislature
has set aside funds for the operation of CESB. Respondent Civil
(c) Coordinate with regional offices of other
Service Commission, however, invokes Section 17, Book V of
departments, bureaus and agencies in the area; the Administrative Code of 1987 as the source of its power to
(d) Coordinate with local government units in the area; abolish the CESB, which provides that the Commission may
and effect changes in the organization as the need arises. But as well
(e) Perform such other functions as may be provided pointed out by petitioner and the Solicitor General, Section 17
by law. (Sec. 26, Book IV, Admin. Code) must be read together with Section 16 of the said Code which
enumerates the offices under the respondent Commission.
District offices may be established only in cases of clear
As read together, the inescapable conclusion is that respondent
necessity. (Sec. 26, Book IV, Admin. Code)
Commission's power to reorganize is limited to offices under its
control as enumerated in Section 16, supra. From its inception,
REPUBLIC vs. CA the CESB was intended to be an autonomous entity, albeit
GR no. 90482, August 5, 1991 administratively attached to respondent Commission. As
conceptualized by the Reorganization Committee "the CESB
An administrative agency is defined as "a government body shall be autonomous. It is expected to view the problem of
charged with administering and implementing particular building up executive manpower in the government with a broad
legislation. Examples are workers’ compensation commissions, and positive outlook." The essential autonomous character of the
and the like. The term ‘agency’ includes any department, CESB is not negated by its attachment to respondent
independent establishment, commission, administration, Commission. By said attachment, CESB was not made to fall
authority, board or bureau” within the control of respondent Commission. Under the
Administrative Code of 1987, the purpose of attaching one
Section 1 of P.D. 1415, the law creating the office of the functionally inter-related government agency to another is to
Government Corporate Counsel reads: “the office of the attain "policy and program coordination."
Government Corporate Counsel shall be the principal law office
of all government-owned and controlled corporations, including
their subsidiaries except as may otherwise be provided by their LARIN vs. EXECUTIVE SECRETARY
respective charters or authorized by the President." GR no. 112745, October 16, 1997

Under Section 35, Chapter 12, Title III of Book IV of the Petitioner seeks to assail the legality of Executive Order No. 132,
Administrative Code of 1987 (Executive Order No. 292) the issued by President Ramos, which provides for the Streamlining
Solicitor General is the lawyer of the government, its agencies of the Bureau of Internal Revenue.
and instrumentalities, and its officials or agents. We ruled that
only the Solicitor General can bring or defend actions on behalf The position of the Assistant Commissioner of the BIR is part of
of the Republic of the Philippines and that, henceforth, actions the Career Executive Service. Under the law, Career Executive
filed in the name of the Republic if not initiated by the Solicitor Service officers, namely Undersecretary, Assistant Secretary,
General will be summarily dismissed. Bureau director, Assistant Bureau Director, Regional Director,
Assistant Regional Director, Chief of Department Service and
The words or authorized by the President are not found in the other officers of equivalent rank as may be identified by the
law. We are not aware of any law, decree or executive order Career Executive Service Board, are all appointed by the

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Morillo Notes
President. Being a presidential appointee, he comes under the National Government, whether such corporations and financial
direct disciplining authority of the President. This is in line with institutions perform governmental or proprietary functions.
the well settled principle that the power to remove is inherent in
the power to appoint conferred to the President by Section 16, From the 1987 Constitution and the Administrative Code, it is
Article VII of the Constitution. Thus, it is ineluctably clear that abundantly clear that the CHR is not among the class of
Memorandum Order No. 164, which created a committee to Constitutional Commissions. As expressed in the oft-repeated
investigate the administrative charge against petitioner, was maxim expressio unius est exclusio alterius, the express mention
issued pursuant to the power of removal of the President. This of one person, thing, act or consequence excludes all others.
power of removal, however, is not an absolute one which Stated otherwise, expressium facit cessare tacitum – what is
accepts no reservation. It must be pointed out that petitioner is a expressed puts an end to what is implied.
career service officer. Under the Administrative Code of 1987,
career service is characterized by the existence of security of In line with its role to breathe life into the policy behind the Salary
tenure, as contra-distinguished from non-career service whose Standardization Law of "providing equal pay for substantially
tenure is co-terminus with that of the appointing or subject to his equal work and to base differences in pay upon substantive
pleasure, or limited to a period specified by law or to the duration differences in duties and responsibilities, and qualification
of a particular project for which purpose the employment was requirements of the positions," the DBM, in the case under
made. As a career service officer, petitioner enjoys the right to review, made a determination, after a thorough evaluation, that
security of tenure. No less than the 1987 Constitution guarantees the reclassification and upgrading scheme proposed by the CHR
the right of security of tenure of the employees of the civil lacks legal rationalization.
service. Specifically, Section 36 of P.D. No. 807, as amended,
otherwise known as Civil Service Decree of the Philippines, is The DBM expounded that Section 78 of the general provisions of
emphatic that career service officers and employees who enjoy the General Appropriations Act FY 1998, which the CHR heavily
security of tenure may be removed only for any of the causes relies upon to justify its reclassification scheme, explicitly
enumerated in said law. In other words, the fact that the provides that "no organizational unit or changes in key positions
petitioner is a presidential appointee does not give the shall be authorized unless provided by law or directed by the
appointing authority the license to remove him at will or at his President." Here, the DBM discerned that there is no law
pleasure for it is an admitted fact that he is likewise a career authorizing the creation of a Finance Management Office and a
service officer who under the law is the recipient of tenurial Public Affairs Office in the CHR. Anent CHR's proposal to
protection, thus, may only be removed for a cause and in upgrade twelve positions of Attorney VI, SG-26 to Director IV,
accordance with procedural due process. SG-28, and four positions of Director III, SG-27 to Director IV,
SG-28, in the Central Office, the DBM denied the same as this
What law then which gives him the power to reorganize? It is would change the context from support to substantive without
Presidential Decree No. 17729 which amended Presidential actual change in functions.
Decree No. 1416. These decrees expressly grant the President of
the Philippines the continuing authority to reorganize the national This view of the DBM, as the law's designated body to
government, which includes the power to group, consolidate implement and administer a unified compensation system, is
bureaus and agencies, to abolish offices, to transfer functions, to beyond cavil. The interpretation of an administrative government
create and classify functions, services and activities and to agency, which is tasked to implement a statute is accorded great
standardize salaries and materials. The validity of these two respect and ordinarily controls the construction of the courts. In
decrees are unquestionable. The 1987 Constitution clearly Energy Regulatory Board v. Court of Appeals, we echoed the
provides that "all laws, decrees, executive orders, proclamations, basic rule that the courts will not interfere in matters which are
letters of instructions and other executive issuances not addressed to the sound discretion of government agencies
inconsistent with this Constitution shall remain operative until entrusted with the regulation of activities coming under the
amended, repealed or revoked.” So far, there is yet no law special technical knowledge and training of such agencies.
amending or repealing said decrees.
To be sure, considering his expertise on matters affecting the
nation's coffers, the Secretary of the DBM, as the President's
CHR-EMPLOYEES’ ASSOC. vs. CHR alter ego, knows from where he speaks inasmuch as he has the
GR no. 155336, November 25, 2004 front seat view of the adverse effects of an unwarranted
upgrading or creation of positions in the CHR in particular and in
Can the Commission on Human Rights lawfully implement an the entire government in general.
upgrading and reclassification of personnel positions without the
prior approval of the Department of Budget and Management? -
NO! BIRAOGO vs. PHILIPPINE TRUTH COMMISSION
GR no. 192935, December 7, 2010
RA 6758 provides that the Compensation and Position
Classification System herein provided shall apply to all positions, The question, therefore, before the Court is this: Does the
appointive or elective, on full or part-time basis, now existing or creation of the PTC fall within the ambit of the power to
hereafter created in the government, including reorganize as expressed in Section 31 of the Revised
government-owned or controlled corporations and government Administrative Code? Section 31 contemplates “reorganization”
financial institutions. The term "government" refers to the as limited by the following functional and structural lines: (1)
Executive, the Legislative and the Judicial Branches and the restructuring the internal organization of the Office of the
Constitutional Commissions and shall include all, but shall not be President Proper by abolishing, consolidating or merging units
limited to, departments, bureaus, offices, boards, commissions, thereof or transferring functions from one unit to another; (2)
courts, tribunals, councils, authorities, administrations, centers, transferring any function under the Office of the President to any
institutes, state colleges and universities, local government units, other Department/Agency or vice versa; or (3) transferring any
and the armed forces. The term "government-owned or agency under the Office of the President to any other
controlled corporations and financial institutions" shall include all Department/Agency or vice versa. Clearly, the provision refers to
corporations and financial institutions owned or controlled by the reduction of personnel, consolidation of offices, or abolition

7
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
4. Those seeking to regulate business affected with
thereof by reason of economy or redundancy of functions. These
point to situations where a body or an office is already existent public interest:
but a modification or alteration thereof has to be effected. The ● Insurance Commission;
creation of an office is nowhere mentioned, much less ● Bureau of Air Transportation;
envisioned in said provision. Accordingly, the answer to the ● Land Transportation Franchising and Regulatory
question is in the negative. Board (LTFRB);
● Energy Regulatory Board;
To say that the PTC is borne out of a restructuring of the Office ● Bureau of Mines and Geo-Sciences;
of the President under Section 31 is a misplaced supposition,
● National Telecommunications Commission;
even in the plainest meaning attributable to the term
“restructure”—an “alteration of an existing structure.” Evidently, ● Housing and Land Use Regulatory Board
the PTC was not part of the structure of the Office of the (HLURB).
President prior to the enactment of Executive Order No. 1. 5. Those seeking under the police power to regulate
private businesses and individuals:
As held in BuklodngKawaning EIIB v. Hon. Executive Secretary, ● Securities and Exchange Commission (SEC);
But of course, the list of legal basis authorizing the President to ● Movie and Television Review and Classification
reorganize any department or agency in the executive branch Board (MTRCB);
does not have to end here. We must not lose sight of the very
● Games and Amusement Board;
source of the power—that which constitutes an express grant of
power. Under Section 31, Book III of Executive Order No. 292 ● Dangerous Drugs Board;
(otherwise known as the Administrative Code of 1987), “the ● Bureau of Trade Regulation and Consumer
President, subject to the policy in the Executive Office and in Protection.
order to achieve simplicity, economy and efficiency, shall have 6. Those seeking to adjust individual controversies
the continuing authority to reorganize the administrative structure because of some strong social policy involved:
of the Office of the President.” For this purpose, he may transfer ● National Labor Relations Commission NLRC);
the functions of other Departments or Agencies to the Office of ● Employees Compensation Commission (ECC);
the President. In Canonizado v. Aguirre [323 SCRA 312 (2000)],
● Social Security Commission;
we ruled that reorganization “involves the reduction of personnel,
consolidation of offices, or abolition thereof by reason of ● Department of Agrarian Reform (DAR);
economy or redundancy of functions.” It takes place when there ● Commission on Audit (COA).
is an alteration of the existing structure of government offices or
units therein, including the lines of control, authority and Administrative Organization - the administrative structure
responsibility between them. The EIIB is a bureau attached to the of the government including its political subdivisions and the
Department of Finance. It falls under the Office of the President. allocation of powers, functions, and duties to its various
Hence, it is subject to the President’s continuing authority to units or agencies. (p.33, De Leon, 2013)
reorganize.

DOCTRINE OF POLITICAL AGENCY:

- All executive and administrative organizations are
2. Types of Administrative Agencies:
adjuncts of the Executive Department, the heads of
the various executive departments are assistants
TYPES OF ADMINISTRATIVE AGENCIES: and agents of the Chief Executive, and (except in
1. Those offering some gratuity, grant, or special cases where the Chief Executive is required by the
privilege: Constitution or law to act in person or the
● Philippine Veterans Administration (PVA); exigencies of the situation demand that he acts
● GSIS; personally) the multifarious executive and
● SSS; administrative functions of the Chief Executive are
● Public Attorney’s Office (PAO); performed by and through the executive
● Philippine Medical Care Commission (PMCC). departments, and the acts of the Secretaries of
2. Those seeking to carry on certain functions of such departments, performed and promulgated in
government: the regular course of business, are (unless
● Bureau of Internal Revenue (BIR); disapproved or reprobated by the Chief Executive)
● Bureau of Customs; presumptively the acts of the Chief Executive.
● Bureau of Immigration (formerly Commission on (Joson vs. Executive Secretary, 290 SCRA 279)
Immigration and Deportation):
● Land Registration Authority; NATIONAL GOVERNMENT:
3. Those performing some business service for the a. Legislative (Art. VI, 1987 COnstitution)
public: b. Executive (Art. VII, 1987 Constitution)
● Philippine Postal Corporation; c. Judiciary (Art. VIII, 1987 Constitution)
● Philippine National Railways,
● Metropolitan Waterworks and Sewerage SPECIAL BODIES OR AGENCIES:
Authority; a. Constitutional Commissions:
● Government Telephone System; i. Commission on Election
● National Electrification Administration; ii. Commission on Audit
● National Food Authority; iii. Civil Service Commission
● National Housing Authority. b. Ombudsman

8
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
c. Commission on Human Rights.
property was earlier ceded to the GSIS on October 13, 1954
pursuant to Proclamation No. 78 for office purposes and had
MIAA vs. CA since been titled to GSIS which constructed an office building
GR no. 155650, July 20, 2006 thereon. Thus, the transfer on April 27, 2005 of the
Concepcion-Arroceros property to this Court by the President
MIAA is not a government-owned or controlled corporation but through Proclamation No. 835. This illustrates the nature of the
an instrumentality of the National Government and thus exempt government ownership of the subject GSIS properties, as
from local taxation. indubitably shown in the last clause of Presidential Proclamation
No. 835: “WHEREAS, by virtue of the Public Land Act
MIAA is not a stock corporation because it has no capital stock (Commonwealth Act No. 141, as amended), Presidential Decree
divided into shares. MIAA has no stockholders or voting shares. No. 1455, and the Administrative Code of 1987, the President is
authorized to transfer any government property that is no
MIAA is also not a non-stock corporation because it has no longer needed by the agency to which it belongs to other
members. A non-stock corporation must have members. branches or agencies of the government.”

MIAA is a government instrumentality vested with corporate Third, GSIS manages the funds for the life insurance, retirement,
powers to perform efficiently its governmental functions. MIAA is survivorship, and disability benefits of all government employees
like any other government instrumentality, the only difference is and their beneficiaries. This undertaking, to be sure, constitutes
that MIAA is vested with corporate powers. an essential and vital function which the government, through
one of its agencies or instrumentalities, ought to perform if social
When the law vests in a government instrumentality corporate security services to civil service employees are to be delivered
powers, the instrumentality does not become a corporation. with reasonable dispatch. It is no wonder, therefore, that the
Unless the government instrumentality is organized as a stock or Republic guarantees the fulfillment of the obligations of the GSIS
non-stock corporation, it remains a government instrumentality to its members (government employees and their beneficiaries)
exercising not only governmental but also corporate powers. when and as they become due. This guarantee was first
Thus, MIAA exercises the governmental powers of eminent formalized under Sec. 24 of CA 186, then Sec. 8 of PD 1146, and
domain, police authority and the levying of fees and charges. At finally in Sec. 8 of RA 8291.
the same time, MIAA exercises “all the powers of a corporation
under the Corporation Law, insofar as these powers are not
inconsistent with the provisions of this Executive Order.” 3. Control over Administrative Agencies:

GSIS vs. TREASURER AND ASSESSOR OF MANILA CLASSIFICATION AND DEFINITION OF ADMINISTRATIVE
GR no. 186242, December 23, 2009 RELATIONSHIP:
1. Supervision and Control - Supervision and control shall
GSIS an instrumentality of the National Government. While include authority to:
perhaps not of governing sway in all fours inasmuch as what (a) Act directly whenever a specific function is
were involved in Manila International Airport Authority, e.g., entrusted by law or regulation to a subordinate;
airfields and runways, are properties of the public dominion and,
(b) Direct the performance of duty;
hence, outside the commerce of man, the rationale underpinning
the disposition in that case is squarely applicable to GSIS, both
(c) Restrain the commission of acts;
MIAA and GSIS being similarly situated: (d) Review, approve, reverse or modify acts and
decisions of subordinate officials or units;
First, while created under CA 186 as a non-stock corporation, a (e) Determine priorities in the execution of plans and
status that has remained unchanged even when it operated programs; and
under PD 1146 and RA 8291, GSIS is not, in the context of the (f) Prescribe standards, guidelines, plans and
afore quoted Sec. 193 of the LGC, a GOCC following the programs. (Sec. 38(1), Book IV, Admin. Code)
teaching of Manila International Airport Authority, for, like MIAA,
GSIS’ capital is not divided into unit shares. Also, GSIS has no
members to speak of. And by members, the reference is to those NOTE: Unless a different meaning is explicitly provided in
who, under Sec. 87 of the Corporation Code, make up the the specific law governing the relationship of particular
non-stock corporation, and not to the compulsory members of agencies, the word "control" shall encompass supervision
the system who are government employees. Its management is and control as defined in this paragraph. (Sec. 38(1), Book
entrusted to a Board of Trustees whose members are appointed IV, Admin. Code)
by the President.

Second, the subject properties under GSIS’s name are likewise 2. Administrative Supervision:
owned by the Republic. The GSIS is but a mere trustee of the - It shall govern the administrative relationship
subject properties which have either been ceded to it by the between a department or its equivalent and
Government or acquired for the enhancement of the system. regulatory agencies or other agencies as may be
This particular property arrangement is clearly shown by the fact provided by law, shall be limited to the authority of
that the disposal or conveyance of said subject properties are
the department or its equivalent:
either done by or through the authority of the President of the
Philippines. Specifically, in the case of the (1) To generally oversee the operations of such
Concepcion-Arroceros property, it was transferred, conveyed, agencies and to insure that they are managed
and ceded to this Court on April 27, 2005 through a presidential effectively, efficiently and economically but
proclamation, Proclamation No. 835. Pertinently, the text of the without interference with day-to-day
proclamation announces that the Concepcion-Arroceros activities;

9
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
(2) To require the submission of reports and Secretary and the head of the board or the
cause the conduct of management audit, attached agency or corporation strongly disagree
performance evaluation and inspection to on the interpretation and application of policies,
determine compliance with policies, and the Secretary is unable to resolve the
standards and guidelines of the department; disagreement, he shall bring the matter to the
(3) To take such action as may be necessary for President for resolution and direction;
the proper performance of official functions, (c) Government-owned or controlled corporations
including rectification of violations, abuses attached to a department shall submit to the
and other forms of maladministration; and Secretary concerned their audited financial
(4) To review and pass upon budget proposals of statements within sixty (60) days after the close of
such agencies but may not increase or add to the fiscal year; and
them; (Sec. 38(2)(a), Book IV, Admin. Code) (d) Pending submission of the required financial
statements, the corporation shall continue to
Limitations - Such authority shall not extend to: operate on the basis of the preceding year's
1. Appointments and other personnel actions in budget until the financial statements shall have
accordance with the decentralization of personnel been submitted. Should any government-owned or
functions under the Code, except appeal is made controlled corporation incur an operation deficit at
from an action of the appointing authority, in the close of its fiscal year, it shall be subject to
which case the appeal shall be initially sent to the administrative supervision of the department; and
department or its equivalent, subject to appeal in the corporation's operating and capital budget shall
accordance with law; be subject to the department's examination,
2. Contracts entered into by the agency in the review, modification and approval. (Sec. 38(3),
pursuit of its objectives, the review of which and Book IV, Admin. Code)
other procedures related thereto shall be
governed by appropriate laws, rules and POWERS AND FUNCTIONS OF DEPARTMENT
regulations; and SECRETARY:
3. The power to review, reverse, revise, or modify 1. Advise the President in issuing executive orders,
the decisions of regulatory agencies in the regulations, proclamations and other issuances, the
exercise of their regulatory or quasi-judicial promulgation of which is expressly vested by law in
functions. (Sec. 38(2)(b), Book IV, Admin. Code) the President relative to matters under the
jurisdiction of the Department;
2. Establish the policies and standards for the
NOTE: Unless a different meaning is explicitly provided in
the specific law governing the relationship of particular operation of the Department pursuant to the
agencies, the word "supervision" shall encompass approved programs of governments;
administrative supervision as defined in this paragraph. (Sec. 3. Promulgate rules and regulations necessary to
38(2)(c), Book IV, Admin. Code) carry out department objectives, policies,
functions, plans, programs and projects;
3. Attachments: 4. Promulgate administrative issuances necessary for
(a) This refers to the lateral relationship between the the efficient administration of the offices under the
department or its equivalent and the attached Secretary and for proper execution of the laws
agency or corporation for purposes of policy and relative thereto. These issuances shall not prescribe
program coordination. The coordination may be penalties for their violation, except when expressly
accomplished by: authorized by law;
(i) having the department represented in the 5. Exercise disciplinary powers over officers and
governing board of the attached agency or employees under the Secretary in accordance with
corporation, either as chairman or as a law, including their investigation and the
member, with or without voting rights, if this designation of a committee or officer to conduct
is permitted by the charter; such investigation;
(ii) having the attached corporation or agency 6. Appoint all officers and employees of the
comply with a system of periodic reporting Department except those whose appointments are
which shall reflect the progress of programs vested in the President or in some other appointing
and projects; and authority; Provided, however, that where the
(iii) having the department or its equivalent Department is regionalized on a department-wide
provide general policies through its basis, the Secretary shall appoint employees to
representative in the board, which shall positions in the second level in the regional offices
serve as the framework for the internal as defined in this Code;
policies of the attached corporation or 7. Exercise jurisdiction over all bureaus, offices,
agency; agencies and corporations under the Department
(b) Matters of day-to-day administration or all those as are provided by law, and in accordance with the
pertaining to internal operations shall be left to the applicable relationships as specified in Chapters 7,
discretion or judgment of the executive officer of 8, and 9 of this Book;
the agency or corporation. In the event that the

10
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
8. Delegate authority to officers and employees under region, they shall undertake bureau operations
the Secretary's direction in accordance with this within their respective jurisdictions, and be directly
Code; and responsible to their bureau director. (Sec. 41, Book
9. Perform such other functions as may be provided IV, Admin. Code)
by law. (Sec. 7, Book IV, Admin. Code)
Government-owned or controlled corporations - Any
AUTHORITY OF DEPARTMENT SECRETARY - The agency organized as a stock or non-stock corporation,
Secretary of a Department shall have supervision and vested with functions relating to public needs whether
control over the bureaus, offices, and agencies under him, governmental or proprietary in nature, and owned by the
subject to the following guidelines: Government directly or through its instrumentalities either
1. Initiative and freedom of action on the part of wholly, or, where applicable as in the case of stock
subordinate units shall be encouraged and corporations, to the extent of at least fifty-one (51) percent
promoted, rather than curtailed, and reasonable of its capital stock. (Sec. 2(13), Admin. Code)
opportunity to act shall be afforded those units
before control is exercised; RELATIONSHIP OF GOCC TO THE DEPARTMENT:
2. With respect to functions involving discretion, 1. Government-owned or controlled corporations may
experienced judgment or expertise vested by law be further categorized by the Department of the
upon a subordinate agency, control shall be Budget, the Civil Service Commission, and the
exercised in accordance with said law; and Commission on Audit for purposes of the exercise
3. With respect to any regulatory function of an and discharge of their respective powers, functions
agency subject to department control, the authority and responsibilities with respect to such
of the department shall be governed by the corporations. (Sec. 2(13), Admin. Code);
provisions of Chapter 9 of this book. (Sec. 39(1), 2. They shall be attached to the appropriate
Book IV, Admin. Code) department with which they have allied functions,
or as may be provided by executive order, for
policy and program coordination and for general
NOTE: This shall not apply to chartered institutions or
government-owned or controlled corporations attached to the supervision provided in pertinent provisions of the
department. (Sec. 39(2), Book IV, Admin. Code) Code;
3. In order to fully protect the interest of the
government in GOCCs, at least one-third (⅓) of the
DELEGATION OF AUTHORITY: members of the Boards of such corporations
(a) Delegated authority shall be to the extent should either be a Secretary, or Undersecretary, or
necessary for economical, efficient and effective Assistant Secretary. (Sec. 42, Book IV, Admin.
implementation of national and local programs in Code)
accordance with policies and standards developed - During their tenure, the President, the
by each department or agency with the Vice-President, members of the Cabinet, and
participation of the regional directors. their deputies and assistants (ie.
(b) The delegation shall be in writing; shall indicate to undersecretaries and assistant secretaries)
which officer or class of officers or employees the are prohibited, unless otherwise provided in
delegation is made; and shall vest sufficient the Constitution itself, from holding any other
authority to enable the delegate to discharge his office or employment. (Sec. 13, Art. VII, 1987
assigned responsibility. (Sec. 40, Book IV, Admin. Constitution)
Code)
Regulatory Agency - Any agency expressly vested with
NOTE: The Secretary or the head of an agency shall have jurisdiction to regulate, administer or adjudicate matters
authority over and responsibility for its operation. He shall affecting substantial rights and interests of private persons,
delegate such authority to the bureau and regional directors as the principal powers of which are exercised by a collective
may be necessary for them to implement plans and programs body, such as a commission, board or council. (Sec. 2(11),
adequately. (Sec. 40, Book IV, Admin. Code) Admin. Code)

LINE AUTHORITY: RELATIONSHIP OF REGULATORY AGENCIES TO THE

1. Line bureaus of a department shall exercise DEPARTMENT:
supervision and control over their regional and 1. A regulatory agency shall be subject to the
other field offices. They shall be directly responsible administrative supervision of the department under
for the development and implementation of plans which they are placed, except when they are
and programs within their respective functional government corporations in which case they shall
specializations; and be governed by the provisions of the preceding
2. The regional and other field offices shall constitute section;
the operating arms of the bureau concerned for the 2. The heads of regulatory agencies shall submit
direct implementation of the plans and programs annually, for the approval of the Secretary
drawn up in accordance with approved policies and concerned, their budgets and work plans which
standards. As counterparts of the bureau in the

11
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
shall be the basis of their day-to-day operations;
administered and controlled by a national police commission as
and at any rate, and in fact, the Act in question adequately provides
3. The regulatory agencies may avail themselves of for administration and control at the commission level,
the common auxiliary and management services of
the department as may be convenient and
economical for their operations. (Sec. 43, Book IV, BLAQUERA vs. ALCALA
Admin. Code) GR no. 109406, September 11, 1998

Governmental power and authority are exercised and

CARPIO vs. EXECUTIVE SECRETARY implemented through him. His power includes the control of
GR no. 96409, February 14, 1992 executive departments as provided under Sec. 17, Art. VII of the
Constitution.
Petitioner herein respectfully advances the view that RA 6975
(AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE Control means the power of an officer to alter or modify or set
UNDER A REORGANIZED DEPARTMENT OF THE INTERIOR aside what a subordinate officer had done in the performance of
AND LOCAL GOVERNMENT) emasculated the National Police his duties and to substitute the judgment of the former for that of
Commission by limiting its power "to administrative control" over the latter. The Pres. can, by virtue of his power of control, review,
the Philippine National Police (PNP), thus, "control" remained modify, alter or nullify any action or decision of his subordinate in
with the Department Secretary under whom both the National the executive departments, bureau or offices under him.
Police Commission and the PNP were placed.
When the Pres. issued AO 29 limiting the amount of incentive
SC disagrees. the fundamentally accepted principle in benefits, enjoining heads of government agencies from granting
Constitutional Law that the President has control of all executive incentive benefits without approval from him and directing the
departments, bureaus, and offices to lay at rest petitioner's refund of the excess over the prescribed amount, the Pres. was
contention on the matter. This presidential power of control over just exercising his power of control over executive departments.
the executive branch of government extends over all executive
officers from Cabinet Secretary to the lowliest clerk and has The Pres. issued subject AOs to regulate the grant of productivity
been held by us, in the landmark case of Mondano vs. Silvosa, to incentive benefits and to prevent discontent, dissatisfaction and
mean "the power of [the President] to alter or modify or nullify or demoralization among government personnel by committing
set aside what a subordinate officer had done in the limited resources of government for the equal payment of
performance of his duties and to substitute the judgment of the incentives and awards. The Pres. was only exercising his power
former with that of the latter." It is said to be at the very "heart of of control by modifying the acts of the heads of the government
the meaning of Chief Executive." agencies who granted incentive benefits to their employees
without appropriate clearance from the Office of the Pres.,
Equally well accepted, as a corollary rule to the control powers of thereby resulting in the uneven distribution of government
the President, is the "Doctrine of Qualified Political Agency". As resources.
the President cannot be expected to exercise his control powers
all at the same time and in person, he will have to delegate some The President’s duty to execute the law is of constitutional origin.
of them to his Cabinet members. Under this doctrine, which So, too, is his control of executive departments.
recognizes the establishment of a single executive, "all executive
and administrative organizations are adjuncts of the Executive
Department, the heads of the various executive departments are
assistants and agents of the Chief Executive, and, except in MORAN vs. OFFICE OF THE PRESIDENT
cases where the Chief Executive is required by the Constitution GR no. 192957, September 29, 2014
or law to act in person on the exigencies of the situation demand
that he act personally, the multifarious executive and Petitioner further contends that from the decision of respondent
administrative functions of the Chief Executive are performed by BOI, appeal to the Office of the President should be allowed;
and through the executive departments, and the acts of the otherwise, the constitutional power of the President to review
Secretaries of such departments, performed and promulgated in acts of department secretaries will be rendered illusory by mere
the regular course of business, unless disapproved or reprobated rules of procedure.
by the Chief Executive presumptively the acts of the Chief
Executive." The executive power of control over the acts of department
secretaries is laid down in Section 17, Article VII of the 1987
Thus, and in short, "the President's power of control is directly Constitution. The power of control has been defined as the
exercised by him over the members of the Cabinet who, in turn, "power of an officer to alter or modify or nullify or set aside what
and by his authority, control the bureaus and other offices under a subordinate officer had done in the performance of his duties
their respective jurisdictions in the executive department." and to substitute the judgment of the former for that of the
latter."
Additionally, the circumstance that the NAPOLCOM and the PNP
are placed under the reorganized Department of Interior and Such "executive control" is not absolute. The definition of the
Local Government is merely an administrative realignment that structure of the executive branch of government, and the
would bolster a system of coordination and cooperation among corresponding degrees of administrative control and supervision
the citizenry, local executives and the integrated law is not the exclusive preserve of the executive. It may be
enforcement agencies and public safety agencies created under effectively limited by the Constitution, by law, or by judicial
the assailed Act, the funding of the PNP being in large part decisions. All the more in the matter of appellate procedure as in
subsidized by the national government. the instant case.Appeals are remedial in nature; hence,
constitutionally subject to this Court’s rulemaking power. The
Such organizational set-up does not detract from the mandate of Rules of Procedure was issued by the Court pursuant to Section
the Constitution that the national police force shall be 5, Article VIII of the Constitution, which expressly empowers the

12
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
largely on the provisions of the statute creating
Supreme Court to promulgate rules concerning the procedure in
all courts. or empowering such agency. (Antipolo realty
va. NHA, 153 SRA 299)
Parenthetically, Administrative Order (A.O.) No. 18 expressly
recognizes an exception to the remedy of appeal to the Office of LIBREAL CONSTRUCTION OF STATUTES CONFERRING
the President from the decisions of executive departments and POWERS ON ADMINISTRATIVE AGENCY:
agencies. Under Section 1 thereof, a decision or order issued by - Statutes conferring powers on administrative
a department or agency need not be appealed to the Office of agencies must be liberally construed to enable
the President when there is a special law that provides for a
them to discharge their assigned duties according
different mode of appeal. In the instant case, the enabling law of
respondent BOI, E.O. No. 226, explicitly allows for immediate with the legislative purpose. (Solid Homes, Inc vs.
judicial relief from the decision of respondent BOI involving Payawal, 177 SCRA 72)
petitioner’s application for an ITH. E.O. No. 226 is a law of
special nature and should prevail over A.O. No. 18.
MAKATI STOCK EXCHANGE, INC vs. SEC
14 SCRA 620 (1965)
In this case, a special law, RA 7394,likewise expressly provided
for immediate judicial relief from decisions of the DTI Secretary
An administrative officer has such powers as are expressly
by filing a petition for certiorari with the "proper court." Hence,
granted to him by state, and those necessarily implied in the
private respondent should have elevated the case directly to the
exercise thereof. The test for determining the existence of
CA through a petition for certiorari.
authority is whether the Act (or statute) forbids the Security and
Exchange Commission (SEC) from imposing a prohibition but it
In filing a petition for certiorari before the CA raising the issue of
empowers the SEC to prohibit.
the OP’s lack of jurisdiction, complainant Moran, Jr. thus availed
of the proper remedy.
The SEC cites no provision of law expressly supporting its
rule against double listing. Hence SEC possess no power to
impose the condition of the rule which results in discrimination
and violation of constitutional rights.
Chapter 2:
ADMINISTRATIVE POWERS
RADIO COMMUNICATIONS v. BOARD OF COMMUNICATION
80 SCRA 471 (1977)

SOURCE OF POWER: Administrative agencies only exercise such powers as are

1. Constitutional provisions; and expressly or by necessary implication conferred on them by law.
2. Statutes creating them. They can only adjudicate matters coming within their jurisdiction.

SCOPE OR COVERAGE OF POWERS: The complaint of private respondents that they were injured
by the failure of the petitioners to transmit to them telegram
1. Express and Implied:
information of their close relatives do not relate to the
- The jurisdiction and powers of administrative management of the facilities and system of transmission of
agencies are measured and limited by the message by petitioner in accordance with its certificate of public
Constitution or law creating them or granting convenience. Therefore, the proper forum for them to recover
tier powers, to those conferred expressly or by damages against petitioner should be in the regular courts and
necessary or fair implication. (Makati Stock not in the Board of Communications.
Exchange vs. SEC, 16 SCRA 623)
- Where a general power is conferred or duty is
enjoined by law, every particular power MATIENZO vs. ABELLERA
necessary for the exercise of one or the 162 SCRA 11 (1988)
performance of the other is also conferred.
In determining whether a board or commission has a certain
(Laguna Lake Development Authority vs. CA,
power, the authority given should be liberally construed in the
231 SCRA 292) light of the purposes for which it was created and that which is
2. Inherent Powers: incidentally necessary to a full implementation of the legislative
- In the absence of any provision of law, intent should be upheld as being germane to the law.
administrative agencies do not possess the
inherent power to punish for contempt which Nothing in Sec. 4, PD 101, that suggests the expiration of
has always been regarded as a necessary such powers (power to issue provincial permits to legalize
incident and attribute of the courts. colorum taxicab operators) 6 months after promulgation of the
Decree. Rather, it merely provides for the withdrawal of the
(Masangcay vs. Comelec, 6 SCRA 27)
State’s waiver of its right to punish said colorum operators for
3. Quasi-judicial Powers: their illegal acts. Therefore, there is no impediment to the Board’s
- The jurisdiction of administrative authorities is exercise of jurisdiction under its broad powers under the Public
dependent entirely upon the provisions of the Service Act to issue certificates of public convenience to achieve
statute reposing power in them, they cannot the avowed purpose of PD 101.
confer it upon themselves. (Taule vs. Santos,
200 SCRA 512)
- The extent to which an administrative entity
may exercise given judicial powers depends

13
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
government effective/ (Sec. 12, Art. VIII, 1987
ADMINISTRATIVE POWERS:
Constitution)

NATURE OF POWERS: WHAT CONSTITUTES ADMINISTRATIVE POWER?

1. Generally, the jurisdiction of administrative 1. It is convenient rather than a technical term
agencies is special ad limited; because it connotes some legislative, executive
- They possess only such powers and authority and judicial prerogatives;
as have been specifically conferred upon them 2. It is any power not explicitly allocated in the
by the Constitution or enabling statutes or Constitution because it may be invested in
those necessarily implied in the exercise agencies other than the legislative, executive, and
thereof or incidental to the attainment of their judicial without delegating such powers;
objectives. 3. It involves exercise of judgment and discretion.
2. The powers conferred on them must be
commensurate with the duties to be performed CLASSIFICATION OF POWERS OF ADMINISTRATIVE
and the purposes to be awfully effected; AGENCIES:
- Persons dealing with administrative agencies 1. As to Nature:
must take notice of their authority to act, and a. Investigatory powers;
are charged with knowledge of any and all b. Quasi-Legislative or Rule-making Powers;
limitations on their power. (Eslao vs. COA, 236 and
SCRA 161) c. Quasi-Judicial or Adjudicatory Powers
3. Powers subject to the Constitution, applicable 2. As to Degree of Subjective Choice:
law or administrative regulation: a. Discretionary power - the agency
- It is not authorized to substitute its own exercising it may choose which of several
judgment for any applicable law or courses will be followed. It is the power or
administrative regulation with the wisdom or right conferred upon them by law of acting
propriety of which it does not agree/ (CCDA officially under certain circumstances,
vs. Dolefil Agrarian Reform Beneficiaries according to the dictates of their own
Cooperative, 382 SCA 552) judgment and conscience, and not
controlled by the judgment or conscience
of others. (pp.69-70, De Leon, 2013)
VDA. DE HERRERA vs. BERNARDO
650 SCRA 87 (2011)
b. Ministerial power - Definite duty arising
under conditions admitted or proved to
Administrative agencies, like the Commission for the exist, and imposed by law.
Settlement of Land Problems (COSLAP) are tribunals of limited
jurisdiction that can only wiedl powers which are specifically
granted to its enabling statutes (EO 561) INVESTIGATORY POWERS:

It is axiomatic that the jurisdiction of a tribunal, including a

INVESTIGATORY POWERS:
quasi-judicial officer or government agency, over the nature and
subject matter of a petition or complaint is determined by the ● The power of an administrative body to inspect the
material allegations therein and the character of the relief prayed records and premises, and investigate the activities of
for, irrespective of whether the petitioner is entitled to any suh persons or entities coming under its jurisdiction; or to
reliefs. secure, or to require the disclosure of information by
means of accounts, records, reports, statements,
Respondent’s cause of action before the COSLAP pertains to testimony of witnesses, production of documents, or
their claim of ownership over the subject property which is an otherwise. (Secretary of Justice vs. lantion, 322 SCRA
action involving title or possession of real property, or any
160)
interest therein, the jurisdiction of which is vested with the RTC
or MTC depending on the assessed value of the subject ● It exists solely to secure and provide information and,
property. in some cases, make recommendations.
● It consists in gathering, organizing, and analyzing
evidence, which is useful aid or toll in an
ADMINISTRATIVE POWER (ADMINISTRATIVE administrative agency’s performance of its
FUNCTION): rule-making or quasi-judicial functions.
- Those which involve the regulation and control over
the conduct and affairs of individuals for their own INVESTIGATORY POWERS AS DISTINGUISHED FROM
welfare and the promulgation of rules and JUDICIAL FUNCTIONS:
regulations to better carry out the policy of the ● If the only purpose for the investigation is to evaluate
legislature or such as are devolved upon the evidence submitted before it based on the facts and
administrative agency by the organic law of its circumstances presented to it, and if the agency is
existence. (In RE: Rodolfo Manzano, 166 SA 246) not authorized to make a final pronouncement
- It refers to the management actions, affecting the parties → there is an absence of judicial
determinations, and orders of executive officials as discretion and judgment, hence, this is investigatory
they administer the laws and try to make powers.

14
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
● Adjudication (judicial functions) signifies the exercise - This power and the power to require the production
of power and authority to adjudicate upon the rights of books, papers, and documents or other
and obligations of the parties before it. (Montemayor evidence are basic to the power of investigation.
vs. Bundalin, 405 SCRA 264) - The power to compel a witness to testify will not be
inferred from a grant of authority to summon and
examine witnesses. It must be clearly given by
RUPERTO vs. TORRES [Unrep]
100 Phil. 1098 (1957) statute. (Carmelo vs. Ramos, 116 Phil. 1152)
(6) Hearing:
The test of a judicial function is not the exercise of judicial - Generally, a hearing is not a necessary part of an
discretion, but the power and authority to adjudicate upon the investigation by an administrative agency or
rights and obligations of the parties before it. official.
(7) Contempt proceedings:
While it is true that the Integrity Board exercises judicial - Persons failing to attend, give testimony, and
discretion because it evaluates the evidence submitted to it in
produce records at an investigative proceeding
the facts and circumstances presented, such judicial discretion
is only for the purpose of evaluation and for the determination of may be punished for contempt.
disputed facts. - However, an administrative body cannot exercise
its power to punish a person for contempt in the
absence of any statutory grant because such
SCOPE AND EXTENT OF INVESTIGATORY POWERS: power is inherently judicial in nature. (Masangcay
(1) Initiation of Investigation: vs. COMELEC, 6 SCRA 27)
- Administrative agencies may initiate an (8) Application of technical rules of procedure and
investigation on a complaint or on its own motion. evidence:
- The proceeding may be inaugurated by an order of - In administrative proceedings, technical rules of
investigation. procedure and evidence are not strictly applied.
- Administrative bodies may be required to make - The Office of the Ombudsman may investigate on
certain investigations as a mandatory duty. (Dept. its own, or on complaint by any person, any act or
of Health vs. Camposario, 457 SCRA 438) omission of any public official or employee when
(2) Conduct of Investigation: such act or omission appears to be illegal, unjust,
- Usually held in private improper, or inefficient. (Sec. 13(1), Art. XI, 1987
- Must be conducted so that harmful publicity will Constitution)
not be used in lieu of sanctions provided by law.
(Dept. of Health vs. Camposario, Supra)
(3) Inspection and Examination: CARMELO vs. RAMOS
6 SCRA 836 (1962)
- Power to enter premises and inspect or examine
such premises or things or operations therein, The delegation by the Mayor of the power to investigate does
particularly books and records. not also imply a delegation of the power to take testimony or
- Fact-finding quasi-judicial body whose decisions evidence of witnesses whose appearance may be required by
are influenced by the facts as disclosed by the the compulsory process of subpoena.
evidence in the case before it, and, also by the
reports of its field agents and inspectors that are The Mayor cannot delegate his implied power to require the
periodically submitted to it, has the power to take appearance of witnesses before him to a body like the
committee of the petitioner.
into consideration the result of its own observation
and investigation of the matter submitted to its for
decision, inconnection with other evidence
EVANGELISTA vs. JARENCIO
presented at the hearing of the case. (Pantranco
69 SCRA 99 (1975)
South Express vs. Board of Transportation, 191
SCRA 581) Administrative agency has the power of inquisition which is
(4) Requirements as to accounts, records, reports or not dependent upon a case or controversy in order to get
statements: evidence, but can investigate merely on suspicion that the law is
- Regulatory bodies have power to prescribe forms being violated or even just because it wants assurance that it is
and methods of accounts, records, and not. When investigative and accusatory duties are delegated by
memoranda for the business under their control, statute to an administrative body, it too may take steps to inform
itself as to whether there is probable violation of the law.
power to inspect the books, papers, and records,
and power to require the filing of reports of Administrative agencies may enforce subpoena issued in the
statements, or answers to specific questions. course of investigations, whether or not adjudication is involved,
- They shall (at all reasonable times) have access to, and whether or not probable cause is shown and even before the
for the purpose of examination, and the right to issuance of a complaint. It is enough that the investigation be for
copy, any documentary evidence of any person a lawfully authorized purpose.
being investigated or proceeded against.
(5) Requiring attendance of witnesses, giving of
testimony, and production of evidence:

15
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
CATURA vs. COURT OF INDUSTRIAL RELATIONS
37 SCRA 303 (1971) Chapter 3:
QUASI-LEGISLATIVE POWERS
The power to investigate, to be conscientious and rational at
(RULE-MAKING POWERS)
the very least, requires an inquiry into existing facts and
conditions. The documents required to be produced constitute
evidence of the most solid character as to whether or not there
was a failure to comply with the mandates of the law. It is not for
this Court to whittle down the authority conferred on A. GENERAL CONCEPTS:
administrative agencies to assure the effective administration of
a statute, in this case intended to protect the rights of Union
members against its officers. CONCEPT OF RULE-MAKING POWER:
1. The rule-making power of an administrative agency
All that the challenged order did was to require petitioners is the power to make implementing or interpretative
(Union President and Treasurer) to ‘deliver and deposit’ with the rules, which is legislative in character, and results in
respondent Court all of its books of accounts, bank accounts, “delegated legislation.”
passbooks, union funds, receipts, vouchers and other
2. The power conferred upon an administrative
documents related to its finances at the hearing of the petition
before it. On its face, it cannot be said that such requirement is agency to issue or promulgate rules and
beyond the statutory power conferred. If it were otherwise, the regulations necessary to carry out its functions has
specific provisions of law allegedly violated ma not be effectively been held to be an adequate source of authority to
complied with. The authority to investigate might be rendered delegate a particular function, unless by express
futile if respondent Court could be held as having acted contrary provision of the statute or by implication, it has
to law. been withheld. (Realty Exchange Venture Corp. vs.
Sendino, 233 SCRA 665)
RIGHT TO COUNSEL IN ADMINISTRATIVE
INVESTIGATIONS: REQUISITES OF RULE-MAKING POWER:
- The right to counsel is not always imperative in a. The statute or the law is complete in itself, setting
administrative investigation because such inquiries forth the policy to be executed by the agency; and
are conducted merely to determine whether there b. Said statute fixes a standard, mapping out the
are facts that merit disciplinary measure against boundaries of the agency’s authority to which it
erring public officers and employees, with the must conform. (Eastern Shipping Lines vs. POEA,
purpose of maintaining the dignity of government 166 SCRA 533)
service. The hearing conducted by the investigating c. Not contrary to law or constitution;
authority is not part of a criminal prosecution. d. Complied with procedural requirements;
(Remolona vs. Civil Service Commission, 362
SCRA 304) BINDING FORCE AND EFFECT:
- The right to counter under the Bill of Rights is - A valid rule or regulation promulgated by an
meant to protect a suspect in a criminal case under administrative agency has the force and effect of
custodial investigation. Hence, it applies only to law and is binding on the agency and on all those
admissions made in a criminal investigation but not dealing with the agency. (Cebu Institute of
to those made in an administrative investigation. Technology vs. Ople, 156 SCRA 692)
(Sec. 12(1), Art. III, 1987 Constitution) - It is a law and enjoys the same presumption of
validity and constitutionality given to statutes.
IMPORTANCE OF ADMINISTRATIVE INVESTIGATIONS:
● For rule-making, adjudication and licencing; LIMITATIONS ON THE QUASI-LEGISLATIVE POWER:
● For prosecuting; a. Administrative agencies may not make rules and
● For supervising and directing; regulations which are inconsistent with the
● For determining general policy; provisions of the Constitution or a statute (Phil.
● For recommending legislation; and International Trading Corp. vs. COA, 416 SCRA
● For purposes no more specific than illuminating 245);
obscure areas to find out what if anything should be b. By its rules and regulations, it may not amend,
done; alter, modify, extend, supplant, enlarge or expand,
● To obtain information on which future action of a restrict or limit the provisions or coverage of the
legislative or judicial nature may be taken. (Evangelista statute as this power belongs to the Legislative
vs. jarencio, 68 SCRA 99) Department (Toledo vs. CSC, 202 SCRA 507);
c. It may make only such rules and regulations that
are within the limits of the powers granted to it or
what is found in the legislative enactment itself,
otherwise, they become void (Blaquera vs. Alcala,
295 SCRA 366);
d. In case of discrepancy between the basic law and
a rule/regulation issued to implement said law, the
basic law prevails because the said ru;e/regulation

16
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
cannot go beyond the terms and provisions of the the public for inspection. (Sec. 52, Book IV, Admin.
basic law. (People vs. Lim, 108 Phil. 1091); Code)
e. It should be uniform in operation, reasonable, and
not unfair or discriminatory (People vs. Lim, Supra). GOVERNMENT-WIDE APPLICATION OF THE
CLASSIFICATION OF THE ISSUANCES:
ORDINANCE POWERS OF THE PRESIDENT: (1) The Records Management and Archives Office in
1. Executive Orders - Acts of the President providing for the General Services Administration shall provide
rules of a general or permanent character in such assistance as may be necessary to effect
implementation or execution of constitutional or general adherence to the foregoing classification of
statutory powers; issuances, including the conduct of studies for
2. Administrative Orders - Acts of the President which developing sub-classifications and guidelines to
relate to particular aspects of governmental operations meet peculiar needs; and
in pursuance of his duties as administrative head; (2) All administrative issuances of a general or
3. Presidential Proclamations - Acts of the President permanent character shall be compiled, indexed
fixing a date or declaring a status or condition of public and published pursuant to the provisions of this
moment or interest, upon the existence of which the Code. (Sec. 53, Book IV, Admin. Code)
operation of a specific law or regulation is made to
depend;
B. KINDS OF RULE-MAKING POWERS:
4. Memorandum Orders - Acts of the President on
matters of administrative detail or of subordinate or
temporary interest which only concern a particular
1. Legislative Rules and Regulations:
officer or office of the Government;
5. Memorandum Circulars - Acts of the President on
matters relating to internal administration, which the CONCEPT AND FORM:
President desires to bring to the attention of all or some ● Legislative rules or regulations are a form of
of the departments, agencies, bureaus or offices of the ‘subordinate legislation’ which can be issued only in
Government, for information or compliance; virtue of statutory delegation.
6. General or Special Orders - Acts and commands of ● If valid, it has the force and effect of law immediately.
the President in his capacity as Commander-in-Chief of
the AFP. (Secs. 2-7, Book III, Admin. Code) NATURE:
- The administrative agency is acting in a legislative
GENERAL CLASSIFICATION OF ADMINISTRATIVE capacity, supplementing the statute, filling in the
ISSUANCE OF SECRETARIES AND HEADS OF details, or “making the law,” and usually acting
BUREAUS, OFFICES OR AGENCIES: pursuant to a specific delegation of legislative
CIRCULARS: ORDERS: power to implement the broad policies laid down in
a statute. (Sigre vs. CA, 387 SCRA 15)
Prescribing policies, rules and Directed to particular offices,
regulations, and procedures promulgated officials, or employees, CHARACTERISTICS:
pursuant to law, applicable to individuals concerning specific matters
(a) The statute has delegated power to the agency to
and organizations outside the including assignments, detail
Government and designed to and transfer of personnel, for adopt the rule; and
supplement provisions of the law or to observance or compliance (b) It provides that the rule shall (if within the delegated
provide means for carrying them out, by all concerned. power) have authoritative force. (p.91, De Leon,
including information relating thereto.
2013, citing Cooper)

NUMBERING SYSTEM OF ISSUANCES:

2. Interpretative Rules and Regulations:
● Every circular or order shall properly be identified as
such and chronologically numbered.
● Each class of issuance shall begin with number 1 for NATURE OF INTERPRETATIVE RULES AND
each calendar year. (Sec. 51, Book IV, Admin. Code) REGULATIONS:
● The administrative agency is merely anticipating what
OFFICIAL LOGBOOK: must be done by the courts. It is performing a judicial
● Each department, bureau, office or agency shall keep function rather than a legislative function.
and preserve a logbook in which shall be recorded in ● Interpretative regulations (in the absence of ratification
chronological order, all final official acts, decisions, by the legislature) have validity in judicial proceedings
transactions or contract, pertaining to the department, only to the extent that they correctly construe the
bureau, office or agency. statute.
● Whenever the performance of an official act is in
issue, the date and the time recorded in the logbook ENTITLED TO GREAT WEIGHT AND RESPECT:
shall be controlled. - Administrative rules and regulation or policies
● The logbook shall be in the custody of the chief enacted by administrative bodies to interpret the
Administrative Officer concerned and shall be open to law which they are entrusted to enforce, have the
force of law and are entitled to great weight and

17
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
respect. (Rizal Empire Insurance vs. NLRC, 150
VICTORIAS MILLING vs. SOCIAL SECURITY COMMISSION
SCRA 565) 4 SCRA 627 (1962)
- Nevertheless, interpretations by an administrative
body of the law or its rules are not conclusive. They When an administrative agency promulgates rules and
are advisory because it is the courts that finally regulations, it makes a new law with the force and effect of a
determine what the means, and they will be set valid law. On the other hand, when an administrative agency
aside or ignored if judicially found erroneous. renders an opinion or gives a statement of a policy, it merely
(Commissioner of Customs vs. Philippine interprets a pre-existing law.
Acetylene, 39 SCRA 70)
Rules and regulation when promulgated in pursuance of the
procedure or authority conferred upon the administrative agency
DISTINGUISHED: LEGISLATIVE AND INTERPRETATIVE by law, partake of the nature of a statute, and compliance
RULES: therewith may be enforced by a penal sanction provided in the
law because statutes as usually couched in general terms, after
LEGISLATIVE RULES INTERPRETATIVE RULES
expressing the policy, purposes and objectives, remedies and
OR REGULATIONS: OR REGULATIONS:
sanctions intended by the legislature. The details and the manner
of carrying out the law are oftentimes left to the administrative
Power to Create New Law/Interpret Existing Law: agency entrusted with its enforcement.

In the nature of subordinate Product of interpretation of

legislation. Product of the previously existing laws.
power to create new and 3. Contingent Rules and Regulations:
additional legal provisions that
have the effect of law.
CONTINGENT RULES AND REGULATIONS:
- Congress may provide that a law shall take effect
May embody new law Merely clarify or provide
guidelines to the law they upon the happening of future specified
interpret. contingencies leaving to some other person or
body the power to determine when the specified
Need for Express Delegation: contingency has arisen.

May be issued only under May be issued as a necessary Congress may delegate a power (not legislative) to
express delegation of law incident of the administration ascertain facts, which may be delegated. There is nothing
of a regulatory statute. essentially legislative in ascertaining the existence of acts or
conditions as the basis of the taking into effect of a law.
Presence of Statutory Sanction:
(People vs. Vera, 65 Phil. 58)
Have the force and effect of Statutory interpretations
law unless they are ultra vires which have behind them no
In a case, a law prohibiting the importation into the
or were issued under an statutory sanctions but merely Philippines of foreign cattle was held valid though it
unconstitutional delegation. embody administrative contained a provision that the Governor-General, with the
interpretation of an existing concurrence of the presiding officers of both Houses of the
law. Legislature, may raise or lift such prohibition, “entirely or in
part if the conditions of this country make this advisable or
Binding Force and Effect: the disease among foreign cattle has ceased to be a
menace to the agriculture and livestock of the land.” (Cruz
Have the same force and Subject to judicial vs. Youngberg, 56 Phil. 234)
effect as valid statutes. determination that they are
erroneous even when their
issuance is authorized by 4. Procedural Rules and and Regulations:
statute. However, while at best
merely advisory, it must be
given great weight. PROCEDURAL RULES:
● Refers to those describing the methods by which the
NOTE: In the absence of error of law, or abuse of power, or lack agency will carry out its appointed functions.
of jurisdiction or grave abuse of discretion clearly conflicting ● Rules which make provisions for the filing of
with either the spirit of a legislative enactment creating or
applications, the resolution of complaints, the serving
charging a governmental agency with administration or
of papers, the conduct of hearings, and the like.
enforcement thereof, the action of the agency should be
disturbed by the courts. (Darville Maritime vs. COA, 175 SCRa
701) An agency cannot very well function without rupees of
procedure, and it may be supposed that every agency has
Consequence of Wrong Construction: such rules, at least at the level of intra-office memoranda.
(p.99, De Leon, 2013)
No vested right can be Regular courts shall finally
acquired determine what the law
means. 5. Internal Rules and Regulations:

18
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
INTERNAL RULES AND REGULATIONS: (c) The violation for which the rules and regulations
- Refers to administrative rules and regulations impose a penalty must be punishable or made a
issued by a superior administrative or executive crime under the law itself; and
officer to his subordinates for the proper and (d) The rules and regulations must be published in the
efficient administration of the law. (p.127, De Leon, Official Gazette. (Sec. 6(2), Book IV, Admin. Code)
2013)
NATURE OF POWER TO PRESCRIBE PENALTIES:
OBJECT: - In the absence of a law granting an administrative
- The efficient and economical administration of the agency the authority to fix or impose administrative
affairs of the department or agency in which they fines, such administrative agency cannot provide
issued in accordance with the law governing the for such fines in its implementing rules and
subject matter. regulations. (Pharmaceutical and Health Care
Assoc. vs. Duque III, 535 SCRA 265)
NATURE: - Prescribing of penalties is a legislative function.
- Administrative in nature and do not pass beyond However, Congress may validly provide in the law
the limits of the department or agency to which itself for the imposition of the penalty for violation
they are directed or published, and, therefore, of rules and regulations which it has empowered
create no rights in third person. (Olsen and Co. vs. administrative authorities to enact. (p.130, De Leon,
Rafferty, 35 Phil. 520) 2013)
- Based on a relationship in which power is their
source. (Olsen and Co. vs. Rafferty, Supra)
PEOPLE vs. MACEREN
79 SCRA 450 (1977)
OLSEN AND CO. vs. HERSTEIN AND RAFFERTY
35 PHIL. 520 (1915) The lawmaking body cannot delegate to an executive official
the power to declare what acts should constitute a criminal
While protecting the US against fraud, the executive order offense. It can authorize the issuance of regulations and the
referred to greatly conveniences Philippine exporters by offering imposition of the penalty provided for in the law itself. An
to the the opportunity to make the proof which will be required administrative agency can have only the administrative or
by the Customs officials of the US. It permits them, to make policing powers expressly or by necessary implication conferred
proof in the Philippine Islands which they would otherwise be upon it.
required to make in the US. The order is nothing more or less
than a command from a superior to an inferior. Disobedience to Nowhere in the old fisheries law is electro-fishing specifically
or deviation from such an order can be punished only by the punished. AO 84, in punishing electro-fishing, does not
power which issued it; and, if that power fails to administer the contemplate that such offense falls within “other violations”
corrective, then the disobedience goes unpunished. under Sec. 83 of the Fisheries Law.

An attempt on the part of the courts to enforce such order,

would result not only in confusion but in departmental anarchy US vs. PANLILIO
also. 28 PHIL. 608 (1914)

The orders of the Bureau of Agriculture, while they may

6. Penal Rules and Regulations: possibly be said to have the force of law, are not statutes and
particularly not penal statutes, and a violation of such orders is
not a penal offense unless the statute itself somewhere makes
PENAL RULES AND REGULATIONS: violation thereof unlawful and penalizes it.
- Refers to rules and regulations carrying penal or
Nowhere in Act no. 1760 is a violation of the orders of the
criminal sanctions for violation of the same. (p.129,
Bureau of Agriculture made a penal offense, nor is such violation
De Leon, 2013) punished in any way therein.

POWER TO ISSUE PENAL RULES OR REGULATIONS: What the act penalizes is the violation of any of its provisions,
- Administrative bodies have the authority to issue and not the violation of any of the rules or regulations that may
administrative regulations which are penal in nature be issued thereunder.
where the delegating statute itself makes the
violation of the administrative regulations
punishable and provides for its penalty. (Perez vs. PEOPLE vs. SANTOS
LPG Refillers Assoc., 492 SCRA 638) 63 PHIL. 300 (1936)

The only authority granted to the Sec. of Agriculture by Sec. 4

REQUISITES FOR ITS VALIDITY:
of Act 4003 is to issue orders, rules and regulations consistent
(a) The law which authorizes the promulgation of rules with said Act as may be necessary and proper to carry into effect
and regulations must itself provide for the the provisions thereof and for the conduct of proceedings arising
imposition of a penalty for their violation; under such provisions similar and inasmuch as said Act 4003, as
(b) It must fix or define such penalty; stated, contains no provisions similar to those contained in the
above conditional clause of Sec. 28 of AO no. 2, the conditional
clause in question supplies a defect of the law, extending it. This

19
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
the sphere of interpretation and into that of
is equivalent to legislating on the matter, a power which has not
been and cannot be delegated to him. legislation.

Such act constitutes not only an excess of the regulatory TESTS APPLIED IN DETERMINING VALIDITY OF RULES:
power conferred upon the Sec. of Agriculture, but also an 1. A rule in invalid if it exceeds the authority conferred
exercise of a legislative power which he does not have, and to it - applies to the following:
therefore said conditional clause is null and void and without a. If a power has been delegated to make
effect. legislative rules within a plainly limited
sphere; and
b. If no delegation of legislative power, and
PEOPLE vs. QUE PO LAY
where a rule is issued as an administrative
94 PHIL. 640 (1954)
interpretation of the statute is found to go
Sec. 11, Revised Admin. Code provides that statutes passed beyond the sphere of interpretation and
by Congress shall (in the absence of special provision) take into the forbidden realm of legislation.
effect at the beginning of the fifteenth day after the completion of
the publication of the statute in the Official Gazette. It is true that 2. A rule is invalid if its conflicts with the governing
Circular no. 20 of the Central Bank is not a statute or law but statute:
being issued for the implementation of the law authorizing its - A rule is invalid as exceeding the authority
issuance, it has the force and effect of law according to settled
conferred on the agency by statute is sometimes
jurisprudence.
premised on the finding that there is a conflict
As a rule, circulars and regulations like the Circular no. 20 of between the challenged rule and the provision of
the Central Bank in question which prescribes a penalty for its the governing statute.
violation should be published before becoming effective, this, on
the general principle that before the public is bound by its Examples:
contents, especially its penal provisions, a law, regulation or (a) If a procedural rule attempts to limit a right
circular must first be published and the people officially and of appeal granted by statute - it is void
specifically informed of said contents and its penalties.
because it conflicts with the statute.
(b) If an imperative rule is in conflict with the
court’s interpretation of the statute - the
C. VALIDITY OF ADMINISTRATIVE RULES conclusion of invalidity is premised on the
AND REGULATIONS: agency’s interpretation as being in conflict
with the statute.
REQUISITES FOR VALIDITY OF ADMINISTRATIVE
RULES AND REGULATIONS: 3. A rule is void if it extends or modifies the statute:
(1) The rules and regulations must have been issued - Administrative agency may not make a rule or
on the authority of law; regulation that alters, restricts or enlarges the terms
(2) They must not be contrary to law and the of a legislative enactment, or engrafts additional
Constitution; requirements on the statute which were not
(3) They must be promulgated in accordance with the contemplated by the legislature. (Merrit vs. Welsh,
prescribed procedure; and 104 US 694)
(4) They must be reasonable. (Pagpalain Haulers vs.
Trajano, 310 SCRA 354) Examples:
(a) A rule limiting the size of type that could be
Note: In certain cases, previous notice and hearing or publication may
be necessary to satisfy the requirement of due process. (Abakada
used in mortuary advertisement, where the
Guro Party List vs. Purisima, 562 SCRA 251) applicable statute prohibited only misleading
advertisement;
(b) A rule that sought to transfer to wholesalers
QUESTIONS RELEVANT IN DETERMINING VALIDITY OF
of petroleum gas, the responsibility which
RULES:
under the law was placed on the agency
a. Legislative Rule:
itself to see to it that the retailers observed
1. Whether the rule relates to the subject matter on
safety regulations;
which power to legislate has been delegated;
(c) Rule that imposed a higher standard of care
2. Whether the rule conforms to the standards
or stricter requirements than that imposed
prescribed in the delegation statute; and
by a statute;
3. Whether the rule is invalid on constitutional
(d) Civil service rule prohibiting 57-years old
grounds, such as due process.
persons from employment, reinstatement, or
b. Interpretation Rule:
re-employment in the government service
- Whether the rule correctly interprets the statute.
because it has no basis in the law itself.
- There might be a question of whether the rule
(Toledo vs. Civil Service Commission, 202
amounts to an attempt to exercise legislative
SCRA 507)
powers which have not been delegated. If this were
(e) Civil service memorandum circular that limits
the case, the rule would be invalid as going beyond
only to 1 year extension of service of an

20
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
employee who has reached the compulsory
provinces of Cagayan, Isabela, or to any province, and that there
retirement age of 65 without having is no limitation as to the place where the tobacco should be
completed 15 years of service because it grown in the Philippine island. The only power conferred is to
has no relation with any provisions of PD establish general and local rules for the classification, marking
1146. (Cena vs. Civil Service Commission, and packing of tobacco and the standards and the type of
211 SCRA 129) tobacco which may be exported to the US. Neither the CR nor
the legislature itself has any power to discriminate in favor of one
4. A rule is void if it has no reasonable relationship to province against another in the production of tobacco or of any
other product of the Islands.
the statutory purpose:
- If the challenged rule produced burdensome and
inequitable results, it may be set aside as bearing
INTERPROVINCIAL AUTO BUS CO. vs. CIR
no reasonable relationship to the purpose of the 98 PHIL. 290 (1956)
governing statute, and as producing result which is
out of harmony with the statute and, therefore, The regulation is merely a directive to the tax officers; it does
unreasonable. not create a liability to the stamp tax when the value of the
goods does not appear on the face of the receipt.
5. Courts will set aside rules deemed to be arbitrary or
unreasonable or unconstitutional: If tax officers were to assess or collect the tax only when they
find that the value of the goods covered by the receipts is more
- If excess of authority cannot be predicated on the
than 5 pesos, the assessment and collection of the tax would be
preceding grounds, a conclusion of invalidity may well-nigh impossible, as it is impossible, for tax collectors to
be premised on the ground that the regulation is determine from the receipts alone, if they do not contain the
unreasonable and arbitrary. value of the goods, whether the goods receipted for exceed
P5.00 or not. The regulation impliedly required the statement of
Examples of cases where the conclusion is planted the value of the gods in the receipt so that the collection of the
squarely on constitutional grounds: tax can be enforced.
(a) A rule may be held invalid on the ground that
The regulation is not only useful, practical and necessary for
it goes beyond what the legislature could
the enforcement of the tax on bills of lading and receipts, but
authorize (ie. taking of property without also reasonable in its provisions.
compensation; or denies due process or
equal protection clause);
(b) Every party subject to administrative PHIL. LAWYERS’ ASSOCIATION vs. AGRAVA
regulation deserves an opportunity to know 105 PHIL. 173 (1959)
(through reasonable regulations promulgated
by the agency) of the objective standards If the transaction of business in the Patent Office requires
that have to be met. (Due process). (Globe technical and scientific knowledge and training, then appeal from
Telecom vs. NTC, 435 SCRA 110) its decisions should be made to a board of scientists, engineers
or technical men, which is not the case under the law, for review
of the acts and decisions of the Patent Office may be taken to
MANUEL vs. GENERAL AUDITING OFFICE the Supreme Court.
42 SCRA. 660 (1976)
Examination requirement is not authorized by any law. Sec. 7
A rule is blinding on the courts as long as the procedure fixed is different from the provisions of the US Patent Law with regards
for its promulgation is followed and its scope is within the to authority to hold examinations to determine the qualifications
statutory power granted by the legislature, even if the courts are of those allowed to practice before the Patent Office.
not in agreement with the policy stated therein or its innate
wisdom. NOTE: Sec. 78 has been amended by RA 637 which is similar to
the US Patent Law.
Administrative interpretation of the law is merely advisory
because it is the courts that finally determine what the law
means. The Constitution limits the authority of the President, in PHILIPPINES INTER-ISLAND SHIPPING ASSOC. vs. CA
whom all executive power resides, to take care that the laws be 266 SCRA 489 (1997)
faithfully executed.
The fixing of rates is essentially a legislative power.EO no.
1088 is in the nature of a subordinate legislation, promulgated in
OLSEN AND CO. vs. ALDANESE the exercise of delegated power.
43 PHIL. 259 (1922)
What determines whether an act is law or an administrative
The CIR is authorized to make any rules or regulations and is issuance is not its form but its nature.
limited “to the end that tobacco benot mixed, packed and
marked as of the same class and origin.” It is only for such When President Marcos issued EO 1088, he was authorized
defined purposes that he is authorized to make any rules or under Amendment 6 of the 1976 Constitution to exercise
regulations. Hence, any rules and regulations which are not in legislative powers
the scope of the Act are null and void.

The provisions of the legislative act are not limited to the CIR vs. FORTUNE TOBACCO CORP.

21
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
- Reasonableness of a regulation depends
658 SCRA 289 (2011)
on the character or nature of the
By adding the qualification that the tax due after the 12% conditions to be met and the subject
increase becomes effective shall not be lower than the tax matter of the rule.
actually paid prior to 1 January 200 BR RR 17-99 effectively (b) An administrator acted within the statutory
imposes a tax which is the higher mount between the ad bounds of his authority and his choice is one
valorem tax being paid at the end of the 3-year transition period which a reasonable person could have made.
and the specific tax under paragraph C, sub-paragraph (1)-(4), as (PHILCOMSAT vs. Alcuaz, 180 SCRA 218)
increased by 12% - situation not supported by the plain wording
- An administrator has a large range of
of Sec. 145 of the ax Code.
choice in determining what regulations or
Sec. 1 of RR 17-99 clearly went beyond the terms of the law standards should be adopted.
it was supposed to implement, and therefore entitles Fortune
Tobacco to claim a refund of the overpaid excise taxes collected c. Free from constitutional infirmities or charge of
pursuant to his provision. arbitrariness:
- Court may set aside rules on the basis of their
REQUIREMENT OF REASONABLENESS: unreasonableness, relying on constitutional
- Administrative authorities must not act arbitrarily grounds (ie. due process) or without specific
and capriciously in the enactment of rules and reliance on constitutional doctrines but on the bare
regulations in the exercise of their delegated power grounds that they are unreasonable and arbitrary.
to create new or additional legal rules that have the
effect of law. Examples:
(a) Rule providing that absence from work for 3 days
a. Bear Reasonable Relation to the Purpose Sought to or longer of the employee (without consent of the
be Accomplished: employer) shall create a conclusive presumption
- Rules and regulations must be reasonably adapted that such employee has resigned →
to secure the end in view, and are invalid if shown unreasonable and contrary to law;
to bear no reasonable relation to the purposes for (b) Failure of an agency to give due consideration to
which they are authorized to be made (ie. lack of all the factors that should have been considered
reasonable relationship between the purpose may form a basis for striking down a rule as
sought to be accomplished by the rule). (Lupangco unreasonable;
vs. CA, 160 SCRA 848) (c) An agency cannot alter the effect of its duly
published rules by mere letter expressing a new
Examples: policy at variance with the practice permitted
(a) Rule adopted by a liquor control board under the rules;
prohibiting the use of illuminated signs that (d) In case of delegation of rate-fixing power → the
showed the trade name of alcoholic beverages, usual standard which the legislature is required
as this was unrelated to the board’s statutory to prescribe for the guidance of administrative
purpose of policing the sale of liquor; authority is that the rate be reasonable and just.
(b) Rule by an athletic commission whose function
was to establish qualifications for promoters of LIBERAL INTERPRETATION OF RULES AND
athletic exhibitions, but which adopted a rule REGULATIONS:
instead which relates not to the promoters but to - A liberal implementation of the rules and
the participants in such exhibitions and regulations of an administrative agency is justified
undertook to prohibit women from participating in cases where their rigid enforcement will result in
in some exhibitions; a deprivation of legal rights.
(c) Rule which required a showman to obtain a - Strict implementation of the 60-day rule for the
license if he wished to exhibit animals when the filing of claim with PhilHealth (without regard to the
authority of the agency adopting the rule was causes of the delay beyond the accredited health
limited by statute to regulating the “taking, provider’s or hospital’s control) was held
transporting, and storing of animals.” unreasonable considering that the law itself does
not provide for any specific period. (Philippine
b. Supported by Good Reasons: Health Insurance Corporation vs. Chinese General
- The requirement of reasonableness means that the Hospital, 456 SCRA 459)
regulation must be based on reasonable ground,
supported by good reasons. LUPANGCO vs. CA
160 SCRA 848 (1988)
Examples:
(a) The regulation of certain activities involving mere Administrative authorities shout not act arbitrary and
capricious in the issuance of rules and regulations. If shown to
privileges (ie. sale of intoxicating liquors or the
bear no reasonable relation to the purposes for which they are
conduct of horse racing) is accorded liberal authorized to be issued, then they must be held to be invalid.
judicial support, and the court is slow to find
such regulations unreasonable.

22
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
Resolution 105 is unreasonable despite its good aim because
an examinee cannot even attend any review class, briefing, EFFECTIVITY OF AMENDED OR REPEALED
conference or receive any hand-out, review materials or tip from ADMINISTRATIVE RULES AND REGULATIONS:
any school, college, review center or the like. The ● General Rule: An administrative rule should not be
unreasonableness is that one who is caught committing the amended so as to effect a retroactive change.
prohibited acts shall be barred from taking future examinations ● Exception: Where an administrative regulation which
conducted by the PRC. purports to interpret a statute but is out of harmony
therewith is amended so as to correctly apply such
Resolution 105 infringes on the examinees’ right to liberty
statute, such has been held retroactively. (p.142, De
guaranteed by the Constitution. They cannot be restrained from
taking all the lawful steps needed to assure the fulfillment of their Leon, 2013)
ambition to become public accountants.
RES JUDICATA DOES NOT APPLY:
- Where administrative bodies exercise regulatory or
D. RETROACTIVE OPERATION OF ADMINISTRATIVE quasi-legislative power, laying down rules and
RULES AND REGULATIONS: regulations, even specific orders to be observed by
persons subject thereto, the doctrine of res judicata
is not applicable. (Benito vs. Public Service
General Rule: Rules, regulations, or rulings of an Commission, 86 Phil. 624)
administrative agency shall operate prospectively. - Such rules and regulations, or orders may be
Exceptions: amended, modified, or revoked to conform to the
(a) When the law authorizing it provides that it can be requirements of the law or the demands of public
applied retrospectively; interest. (Benito vs. Public Service Commission,
(b) If the agency fails to prescribe a ruling that it shall Supra)
operate prospectively (Al-Amanah Islamic Investment
Bank vs. CSC. 207 SCRA 801) DIFFERENT PROCEDURE IN CASE OF PROCEDURAL
RULES:
a. The parties may voluntarily waive compliance with
The power of an administrative agency to adopt rules procedural rules, and such waiver may be founded on
and regulations or make rulings ordinarily includes the acts as well as upon verbal declarations;
power to guide them to a retroactive effect, within the limits b. Disregard of ‘minutiae’ of procedural niceties will be
specified or contemplated by the statute, provided doing sp tolerated if it clearly appears no prejudice resulted;
does not conflict with restrictions on the legislative power to c. If it can be shown that a particular rule was established
make retroactive laws. (p.141, De Leon, 2013) solely for the agency's sole convenience, it may be
waived by the agency;
The principle prohibiting retroactive application of d. An agency will not be permitted to adopt a special rule
amendments to administrative rules applies where the of procedure for the purpose of affecting the outcome
retroactive application would prejudice the taxpayer. of a particular case, or wilfully to ignore a rule in a
(ABS-CBN Broadcasting Corp. vs. CTA, 108 SCRA 142) particular case. (p.143, e Leon, 2013, citing Cooper)

A resolution of the COMELEC which directed the

HILADO vs. CIR
holding of recall proceedings had no retroactive application.
100 PHIL. 288 (1956)
(Sanchez vs. COMELEC, 193 SCRA 317)
A regulation that is merely an interpretation of the statute
A CSC Memorandum Circular cannot cannot be given when once determined to have been erroneous becomes a
retroactive effect so as to entitle to permanent appointment nullity. An erroneous construction of the law by the CIR does not
an employee whose temporary appointment had expired stop the Government from collecting a tax which is legally due.
before the Circular was issued. (Romualdez vs. CSC, 197
SCRA 168) Art. 2254, Civil Code, no vested or acquired right can arise
from acts or omissions which are against the law or which
infringe upon the rights of others.
E. AMENDMENTS OR REPEAL OF ADMINISTRATIVE
RULES AND REGULATIONS:
OLLADA vs. SECRETARY OF FINANCE
109 PHIL. 1072 (1960)
POWER TO AMEND OR REPEAL:
● Administrative agency ordinarily has the authority to The Resolution of the Secretary of Finance that Regulation
change, alter, amend or correct the rules and no. V-43 was not intended to have retroactive effect was fully
regulations duly promulgated by it. within his powers and authority and becomes part of the
● In order to be valid, a change in a regulation must be regulation itself. Not being clearly unreasonable or arbitrary, the
Secretary’s resolution is entitled to recognition and respect from
made in accordance with statutory procedural
the Courts.
requirements (ie. requirements with respect to notice
and hearing as well as with respect to the vote Regulations issued by the Secretary of Finance subject to
necessary to make a change). amendment or revocation by his successor.

23
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes

Need not be filed with ONAR:

FORTICH vs. CORONA
298 SCRA 685 (1998) - Interpretative regulations and those merely internal
in nature, that is, regulating only the personnel of
The adjudicatory bodies and the parties to a case are thus the administrative agency and not the public, need
enjoined to abide strictly by the rules. While litigation is not a not be filed with the UP Law Center. (Board of
game of technicalities, it is equally trite that every case must be Trustees, GSIS vs. Velasco, 641 SCRA 372)
prosecuted in accordance with the prescribed procedure to
ensure an orderly and speedy administration of justice. There are 2. EFFECTIVITY:
some instances wherein this Court allowed a relaxation in the
● General Rule: Each rule shall become effective 15
application of the rules. A liberal interpretation and application of
the rules can be resorted to only in proper cases and under days from the date of filing. (Sec. 4, Book VII, Admin.
justifiable causes and circumstances. Code)
● Exceptions: Unless a different date is fixed by law, or
A decision/resolution/order of an administrative body, court or specified in the rule in cases of imminent danger to
tribunal which is declared void on the ground that the same was public health, safety and welfare, the existence of
rendered without or in excess of jurisdiction, or with grave abuse which must be expressed in a statement
of discretion, is by no means a mere technicality of law or accompanying the rule.
procedure. It is elementary that jurisdiction of a body, court or
tribunal is an essential and mandatory requirement before it can
act on a case or controversy. The agency shall take appropriate measures to make
emergency rules known to persons who may be affected by
SEPARATE OPINIONS: them. (Sec. 4, Book VII, Admin. Code)
● Suspension of procedural rules lies in that authority that
promulgated them; 3. PUBLICATION AND READING:
● The President has the power to suspend the effectivity of Duty to Publish:
administrative rules of procedure. - The UP Law Center shall publish a quarter bulletin
setting forth the text of rules filed with it during the
preceding quarter. (Sec. 5, Book VII, Admin. Code)
F. PROMULGATION OF ADMINISTRATIVE RULES AND
REGULATIONS: Responsibility to Update:
- The UP Law Center shall keep an up-to-date
1. FILING: codification of all rules thus published and
(a) Every agency shall file with the University of the remaining in effect, together with a complete index
Philippines Law Center three (3) certified copies of and appropriate tables. (Sec. 5, Book VII, Admin.
every rule adopted by it. Rules in force on the date Code)
of effectivity of this Code which are not filed within
three (3) months from that date shall not thereafter Requirements of Notice and Hearing or Publication:
be the basis of any sanction against any party or ● General Rule: Prior notice and hearing are not
persons. essential to the validity of rules and regulations
(b) The records officer of the agency, or his equivalent promulgated to govern future conduct. (Abella, Jr. vs.
functionary, shall carry out the requirements of this CSC, 442 SCRA 507)
section under pain of disciplinary action. ○ If the function is legislative in nature (not
(c) A permanent register of all rules shall be kept by judicial) and is delegated to an administrative
the issuing agency and shall be open to public agency, the legislature need not require a
inspection. (Sec. 3, Book VII, Admin. Code) notice or hearing as a pre-requisite to the act of
the administrative agency since the legislative
Agency - any department, bureau, office, commission, could itself have performed that act without
authority or officer of the National Government authorized notice or hearing. (1 Am. Jur. 2d 896)
by law or executive order to make rules, issue licenses, ○ When the rules are meant to apply to all
grant rights or privileges, and adjudicate cases; research enterprises of a given kind throughout the
institutions with respect to licensing functions; government Philippines (ie. DepEd Order prescribing the
corporations with respect to functions regulating private maximum school fees that may be charged by
right, privileges, occupation or business; and officials in all private schools in the country for a particular
the exercise of disciplinary power as provided by law. school year), no previous notice or hearing is
(Sec. 2(1), Book VII, Admin. Code) required. (Phil. Consumers’ Foundation, Inc. vs.
Sec. of Education, Culture, Spots, 153 SCRA
Office of the National Administrative Register (ONAR): 622);
● The copies shall be filed with the ONAR of the UP ○ Interpretative regulations and those merely
Law Center. internal in nature, that is, regulating only the
● Administrative issuance which are not published or personnel of the administrative agency and not
filed with the ONAR are ineffective and may not be the public, need not be published. (Pimentel, Jr.
enforced. (GMA Network vs. MTRCB, 514 SCRA 191) vs. Senate Committee, 644 SCRA 741)

24
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
■ Interpretative Regulation - gives no
been regarded as legislative in character.
real consequence than what the law
itself has already prescribed; it adds Administrative or executive acts, orders and regulations shall
nothing to the law and does not affect be valid only when they are not contrary to the laws or the
the substantive rights of any person. Constitution.
Assoc. of Southern Tagalog Electric vs.
Energy Regulatory Commission, 681
4. OMISSION OF SOME RULES:
SCRA 119)
● General Rule: UP Law Center may omit from the
■ Internal Regulation - seeks only the
bulletin or the codification of any rule if its
personnel of administrative and not the
publications would be unduly cumbersome,
general public. Assoc. of Southern
expensive or otherwise inexpedient. (Sec. 6(1), Book
Tagalog Electric vs. Energy Regulatory
VII, Admin. Code)
Commission, Supra)
○ but copies of that rule shall be made
○ Publication is not required for ‘letters of
available on application to the agency which
instructions’ issued by administrative superiors
adopted it, and the bulletin shall contain a
concerning the rules or guidelines to be
notice stating the general subject matter of
followed by their subordinates in the
the omitted rule and new copies thereof may
performance of their duties. (Pimentel, Jr. vs.
be obtained. (Sec. 6(1), Book VII, Admin.
Senate Committee, 644 SCRA 741)
Code)
■ Letter of Instruction - concerns only
● Exceptions: Every rule establishing an offense or
rules or guidelines to be followed by
defining an act which, pursuant to law, is punishable
subordinates in the performance of their
as a crime or subject to a penalty shall in all cases be
duties. (Assoc. of Southern Tagalog
published in full text. (Sec. 6(2), Book VII, Admin.
Electric vs. Energy Regulatory
Code)
Commission, Supra)
5. DISTRIBUTION OF BULLETIN AND CODIFIED RULES:
● Exceptions:
- The University of the Philippines Law Center shall
(a) If the administrative rules and/or rates apply
furnish one (1) free copy each of every issue of the
exclusively to a particular party and are bulletin and of the codified rules or supplements to
predicated upon a finding of fact (which fact is the Office of the President, Congress, all appellate
denied by said party), the agency in making courts and the National Library.
such finding of fact performs a quasi-judicial - The bulletin and the codified rules shall be made
function which demands a previous notice and available free of charge to such public officers or
hearing to satisfy the requirement of due agencies as the Congress may select, and to other
process. (Vigan Electric Light vs. Public Service persons at a price sufficient to cover publication and
Commission, 10 SCRA 46); mailing or distribution costs. (Sec. 7, Book VII, Admin.
(b) Notices of proposed rules; Any rule which fixes Code)
rates shall not be valid unless the proposed
rates shall have been published and hearings 6. JUDICIAL NOTICE:
conducted. (Vigen Electric Light vs. Public - The court shall take judicial notice of the certified
Service Commission, Supra); copy of each rule duly filed or as published in the
(c) Where the administrative rules have the force bulletin or the codified rules. (Sec. 8, Book VII,
and effect of law, publication is required as a Admin. Code)
condition precedent to satisfy the basic
requirement of procedural due process. 7. PUBLIC PARTICIPATION:
(Philippine International Trading Corp. vs. COA, (1) If not otherwise required by law, an agency shall, as
309 SCRA 177); far as practicable, publish or circulate notices of
(d) If the administrative issuance is of “general proposed rules and afford interested parties the
applicability”, publication in the Official Gazette opportunity to submit their views prior to the adoption
or in a newspaper of general circulation in the of any rule.
Philippines is necessary as a requirement of due
process. The publication must be in full or no (2) In the fixing of rates, no rule or final order shall be
publication at all since its purpose is to inform valid unless the proposed rates shall have been
the public of its contents. (Tanada vs. Tuvera, published in a newspaper of general circulation at
146 SCRA 453); least two (2) weeks before the first hearing thereon.
Rate - any charge to the public for a service open
to all and upon the same terms, including individual
EASTERN SHIPPING LINES, INC. vs. CA or joint rates, tolls, classifications, or schedules
291 SCRA 485 (1998)
thereof, as well as commutation, mileage,
What determines whether an act is law or an administrative
kilometerage and other special rates which shall be
issuance is not its form but its nature. The power to fix the rates imposed by law or regulation to be observed and
of charges for services, including pilotage service, has always followed by any person. (Sec. 2(3), Book VII,
Admin. Code)

25
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
B. DISTINGUISHED FROM JUDICIAL POWER:
(3) In case of opposition, the rules on contested cases
shall be observed. (Sec. 9, Book VII, Admin. Code)
Contested Case - any proceeding, including MEANING OF JUDICIAL POWER:
licensing, in which the legal rights, duties or - The power to hear, try and determine all sorts of
privileges asserted by specific parties as required cases at law and equity which are brought before
by the Constitution or by law are to be determined the courts.
after hearing. (Sec. 2(5), Book VII, Admin. Code)
QUASI-JUDICIAL POWER: JUDICIAL POWER:

Chapter 4: If the function of the agency If the duty is primarily to decide

QUASI-JUDICIAL POWERS is primarily administrative and questions of legal rights
the power to hear and between private parties with
(ADJUDICATORY POWERS)
determine controversies is respect to the matter in
granted as an incident to the controversy, such decision
administrative duty being the primary object and
not merely incidental to
A. BASIC CONCEPTS: regulation or some other
administrative functions.

CONCEPT OF QUASI-JUDICIAL FUNCTIONS:

- A term which applies to the actions, discretion,
C. EXTENT AND LIMITATIONS:
etc., of public administrative officers or bodies that
are required to investigate facts, or ascertain the
existence of facts, hold hearings and draw JURISDICTION IS LIMITED:
conclusions from them, as basis for their official - The delegated judicial or quasi-judicial authority to
action and to exercise discretion of a judicial administrative agencies is limited.
nature. (Midland Insurance vs. IAC, 143 SCRA 458) - Rationale:
- By this power, the administrative agencies are (a) There is a need for special competence and
enabled to interpret and apply the implementing experience which essential in the resolution
rules and regulations promulgated by them as well of complex question or specialized
as the laws entrusted to their administration. character; and
(p.161, De Leon, 2013) (b) Because dockets of regular courts have
- However, administrative agencies are not remained crowded and clogged.
considered courts, they are neither part of the
judicial system nor deemed judicial tribunals. EXTENT OF POWERS DEPENDS ON ITS ENABLING
(United Residents of Dominican Hill vs. LAW:
Commission on the Settlement of Land Problems, - The extent to which an administrative agency may
353 SCRA 782) exercise such powers depends largely on the
provisions of the statute creating or empowering
WHEN A GOVERNMENT AGENCY PERFORMS such agency.
QUASI-JUDICIAL FUNCTIONS: - The grant of original jurisdiction on quasi-judicial
- A government agency performs adjudicatory agency is not implied, hence, such grant must be
functions when it renders decisions or awards that expressed in the statute.
determine the rights of adversarial parties, which
decisions or awards have the same binding effects FUNCTION ORDINARILY JUDICIAL MAY BE
as a judgment of a court of law, such that when CONFERRED:
they attain finality, they have the effect of res - The agency concerned must commonly interpret
judicata that even the courts of justice have to and apply contracts;
respect. (Villanueva vs. Palawan Council for - Determine the rights of private parties under such
Sustainable Development, 691 SCRA 556) contracts; and
- award damages whenever appropriate. (Antipolo
Ministerial function - one which an officer or tribunal Realty Corp. vs. NHA, 153 SCRA 399)
performs in the context of a given set of facts in a
prescribed manner and without regard to the exercise of his Courts and quasi-judicial bodies (in the exercise of their
own judgment upon the propriety or impropriety of the act functions and making decisions) must not be too
done. (De Guzman, Jr. vs. Mendoza, 453 SCRA 565) dogmatic as to restrict themselves to literal interpretation
of words, phrases and sentences. A complete and
wholistic view must be taken. (Siapian vs. CA, 327 SCRA
11)

Thus, when the owner demanded that either they pay or a

case for ejectment would be filed against them, the

26
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
tenants were placed on notice to move out if they do not
pay. There was in effect, a notice to demand to vacate. Adverse claim not within the executive or administrative
The “vacate” is not a talismanic word that must be authority of the mining director. The question presented in Philex
employed in all notices. (Siapian vs. CA, Supra) Mining’s adverse claim is judicial in nature, not a mining conflict.

NOT SPLIT JURISDICTION:

- When an administrative agency is conferred with ANTIPOLO REALTY CORP. vs. NHA
quasi-judicial functions, all controversies relating to 153 SCRA 399 (1987)
the subject matter pertaining to its specialization
are deemed to be included within its jurisdiction. The National Housing Authority (NHA) shall have exclusive
jurisdiction to regulate the real-estate trade and business in
(p.163, De Leon, 2013)
accordance with the provide of PD 1344 (which amended PD
- Split jurisdiction is not favored. 957)
- An agency with exclusive jurisdiction over
controversies involving sale of subdivision lots has A statute may vest exclusive original jurisdiction in an
also jurisdiction to hear and decide claims for administrative agency over certain disputes and controversies
refund by a subdivision buyer. (Tejada vs. falling within the agency;s special expertise. Courts cannot and
Homestead Property Corporation, 178 SCRA 164) will not determine a controversy involving a question which is
within the jurisdiction of an administrative tribunal where the
question demands the exercise of sound administrative
GRANT OF PARTICULAR POWER MUST BE FOUND IN
discretion requiring the special knowledge, experience and
THE LAW ITSELF services of the administrative tribunals to determine technical
- Except for constitutional officials who can trace and intricate matters of fact.
their competence to act to the Constitution itself, a
public official must locate in the statute relied
upon, a grant of power before he can exercise it. GUERZON vs. CA
(Radio Communications of the Philippines vs. 164 SCRA 182 (1988)
Santiago, 58 SCRA 493)
- If there is nothing in the law that would suggest that Under Sec. 7, PD 1206, Bureau of Energy Utilization (BEU)
a particular power has been granted, then such may (1) impose a fine not exceeding P1,000; and (2) in case of
power cannot be exercised. )Guerzon vs. CA, 164, failure to pay the fine imposed, or to cease and discontinue the
violation or non-compliance, order the suspension, closure or
SCRA 182)
stoppage of operations of the establishment of the guilty party.
Its authority is limited to these 2 options. There is nothing in the
GENERAL POLICY TO UPHOLD EXERCISE: law which empowers it to issue an order to vacate in case of a
- Generally, courts sustain the decision of an violation.
administrative authorities on the basis of (a)
doctrine of separation of powers; and (b) their Jurisdiction to order a lessee to vacate the leased premises is
presumed knowledge and expertise in the laws vested in the civil courts (not in BEU) in an appropriate case for
they are entrusted to enforce. (Cuerdo vs. CA, 166 unlawful detainer or accion publiciana.
SCRA 657)
It is a fundamental rule that an administrative agency has only
- Exception: When the administrative authority such powers as are expressly granted to it by law and those that
commits grave abuse of discretion amount to lack are necessarily implied in the exercise thereof.
or excess of jurisdiction. (Provident-Tree Farms, Inc.
vs. CA, 231 SCRA 463) The BEU has no power to decide contractual disputes
between gasoline dealers and oil companies, in the absence of
an express provision of law granting to it such power. Hence, the
PHILEX MINING CORP. vs. ZALDIVIA BEU’s jurisdiction is limited to cases involving violation or
43 SCRA 479 (1972) non-compliance with any term or condition of any certificate,
license or permit issued by it or of any of its orders, decisions,
The sole issue raised by Philex Mining is a pure question of rules or regulations.
law. The issue is one to be reserved in conforming with legal
rules and standards governing the power of an agent, and the
law’s restrictions upon the latter’s right to act for its own
exclusive benefit while the agency is in force. Decision of such D. DISTINGUISHED FROM INVESTIGATIVE POWER:
questions involves the interpretation and application of the laws
and norms of justice established by society and constitutes
essentially an exercise of the judicial power which under the INVESTIGATE: ADJUDICATE:
Constitution is exclusively allocated to the Supreme Court and
such courts as the Legislature may establish and one that mining To examine, explore, inquire or To adjudge, arbitrate, decide,
officials are ill-equipped to deal with. delve or probe into, research determine, resolve, rule on,
on, study. settle.
There is nothing in Secs 61 and 73 of the Mining Law that
indicates a legislative intent to confer real judicial power on the To observe or study closely, To settle finally (the rights and
Director of Mines. The controversies to be submitted and inquire into systematically duties of parties to a court
resolved by the Director of Mines under the said sections refers case) on the merits of issues
only to the overlapping claims, and administrative matters raised
incidental thereto.

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes

Licensing - includes agency process involving the grant,

E. DISTINGUISHED FROM RULE-MAKING POWER:
renewal, denial, revocation, suspension, annulment,
withdrawal, limitation, amendment, modification or
conditioning of a license. (Sec. 2(11), Book VII, Admin.
RULE-MAKING: ADJUDICATORY:
Code)
Concept: Part of the administrative Part of the
process that resembles a administrative process Sanction - includes the whole or part of a prohibition,
legislature’s enactment of that resembles a court’s limitation or other condition affecting the liberty of any
statutes. decision of a case.
person; the withholding of relief; the imposition of penalty or
fine; the destruction, taking, seizure or withholding of
Effectivity: Looks to the future and Investigates, declares,
changes existing and enforces liabilities property; the assessment of damages, reimbursement,
conditions by making as they stand on restitution, compensation, cost, charges or fees; the
new rules to be applied present or past facts revocation or suspension of license; or the taking of other
thereafter to all or some and under laws
part of those subjects supposed to exist. compulsory or restrictive action. (Sec. 2(12), Book VII,
thereto. Admin. Code)

Applicability: Applies or affect classes Applies to named FIXING RATES AND CHARGES:
of persons or situations parties or to specific
(unnamed) situations
● The function of prescribing rates by an administrative
agency may be either a legislative or an adjudicative
Due Process: Prior notice and hearing Due process (prior function. Philippine Consumers Foundation, Inc. vs.
are not essential to the notice and hearing) Secretary of Education, Culture and Sports, 153
validity of rules and must be observed) SCRA 622)
regulations.
● If the rules and/or rates laid down are meant to apply
to all enterprises of a given kind throughout the
PRELIMINARY INVESTIGATION IS NOT QUASI-JUDICIAL country, they may partake of a legislative character.
PROCEEDING - It is merely inquisitorial. The prosecutor ○ Eg: Maximum school fees prescribed by the
does not exercise adjudication nor rule-making functions. DECS that may be charged by all private
He does not determine the guilt or innocence of the schools throughout the country for a
accused. Although the DOJ is the primary prosecution arm particular school year)
of the Government, it does not make it a quasi-judicial ○ If fixing rates were a legislative function, prior
agency nor does it exercise quasi-judicial function when it notice and hearing is not required.
reviews the findings of a public prosecutor on the finding of ● If the rules and the rates imposed apply exclusively to
probable cause in any case. (Dacudao vs. Gonzales, 688 a particular party, based upon a finding of fact, then
SCRA 109) its function is quasi-judicial in character.
○ Eg: rates the PLDT or the Meralco are
authorized to charge its customers.
F. PARTICULAR ACTS:
○ With regards with rates prescribed by an
administrative agency in the exercise of its
LICENSING, ENABLING OR APPROVING: quasi-judicial function, prior notice and
● The action of an administrative agency in granting or hearing are essential to the validity of such
denying, or in suspending or revoking, a license, rates. (Vigan Electric Light Co. vs. Public
permit, franchise, or certificate of public convenience Service Commission, 10 SCRA 48)
and necessity is NOT JUDICIAL BUT IS
ADJUDICATORY OR QUASI-JUDICIAL. Rate - any charge to the public for a service open to all and
● Discretionary refusal of a license (not made on upon the same terms, including individual or joint rates, tolls,
conflicting evidence or after a hearing) is not a classifications, or schedules thereof, as well as
quasi-judicial act for procedural purposes. commutation, mileage, kilometerage and other special rates
● If a statute empowers an agency to revoke a which shall be imposed by law or regulation to be observed
license for non-compliance with or violation of and followed by any person. (Sec. 2(3), Book VII, Admin.
agency regulations - the administrative act is of a Code)
judicial nature because it is dependent upon the
ascertainment of the existence of certain past or MISCELLANEOUS ACTS - the following acts are
present facts upon which a decision is to be made administrative and not judicial:
and rights and liabilities determined. (Sanado vs. CA, a. Auditing accounts of a receiver of public moneys;
356 SCRA 546) b. Determinations of the Civil Service Commission in
respect of classification and grading of positions in
License - includes the whole or any part of any agency the civil service;
permit, certificate, passport, clearance, approval, c. Passing upon a petition to call an election;
registration, charter, membership, statutory exemption or d. The function of draft boards;
other form of permission, or regulation of the exercise of a e. Investigation for the purpose of ascertaining the
right or privilege. (Sec. 2(10), Book VII, Admin. Code) correctness of a tax return;

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ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
f. The parole of prisoners, at least so long as the to effectuate a legal purpose without a judicial
duration of the sentence is not affected, and the want to authorize such action.
revocation of parole; ● Such power involves direct administrative actions
g. The transfer of prisoners from one place of taken without notice and hearing. (eg. Abatement
imprisonment to another; of nuisance, summary restraint or levy of
h. Making a preliminary finding of probable cause for property of delinquent taxpayers)
the arrest of an accused; ● In the absence of a statutory grant or power,
i. The initial determination of whether certain things administrative agencies generally may not
constitute public nuisances; enforce (by themselves) their determinations.
j. Closing and taking charge of banks found to be
insolvent or unsafe and assessment of their 5. EQUITABLE POWERS:
stockholders; ● Power to determine the law upon a particular
k. Determination whether ot not there had been a state of facts has the right to, and must, consider
violation of the terms of collective bargaining and make proper application of the rules of
agreement; equity.
l. The issuance of a warrant of distraint or levy in tax ● Sometimes, statutes expressly confer upon
cases and certain other administrative enforcement administrative agencies certain powers equitable
devices; and in their nature (ie. power to appoint a receiver or
m. Deportation of aliens. (p.176, De Leon, 2013) power to issue “injunctions)
● In certain cases, particular administrative
agencies are expressly given power to determine
G. CLASSIFICATION OF ADJUDICATORY POWERS:
what s “fair and equitable” and equitable
principles are necessarily applied in their
1. ENABLING POWERS: decisions.
● Granting or denying permit or authorization.
● Granting or denial of licenses to engage in a
particular business or occupation
Chapter 5:
● Power to permit the issuance of securities, to
SEPARATION OF POWERS
grant certificates of public convenience or
necessity, to grant broadcasting licenses, and
any other similar nature.
● This rule is exercised by licensing authorities.
A. DOCTRINE OF SEPARATION OF POWERS:
2. DIRECTING POWERS:
● Corrective powers of public utility commission; DOCTRINE OF SEPARATION OF POWERS:
● Powers of assessment under the Revenue laws; - Governmental powers are divided among the 3
● Repatriations under public utility laws; departments of the government; the legislative,
● Awards under Workmen’s compensation laws; executive and judiciary. (Angara vs. Electoral
● Powers of abstract determination (ie. Commission, 63 Phil. 139)
definition-valuation, classification, and - It is the duty of the Legislative to make the law; of
fact-finding) the Executive to execute the law; and of the
Judiciary to construe the law. (US vs. Ang Tang Ho,
3. DISPENSING POWERS: 43 Phil. 1)
● Exemplified by the authority to exempt from or
relax a general prohibition, or authority to relieve
PLANAS vs. GIL
from an affirmative duty. GR no. L-46440, January 18, 1939
● In form, dispensing power may be
indistinguishable from a licensing power but The constitution grants to the President the powers of control
differs from its purpose. and supervision. The power to exercise general supervision over
○ Licensing power sets or assumes a all local governments and to take care that the laws be faithfully
standard. executed authorizes him to order an investigation of the act or
○ Dispensing power sanctions a deviation conduct of the petitioner herein.
from a standard.
Supervision is not a meaningless thing. It is an active power. It is
● In the absence of express grant of authority, a certainly not without limitation, but it at least implies authority to
commission relieves a common carrier subject to inquire into facts and conditions in order to render the power real
its supervision from an affirmative duty imposed and effective. If supervision is to be conscientious and rational,
by law. and not automatic and brutal, it must be founded upon a
knowledge of actual facts and conditions disclosed after careful
4. SUMMARY POWERS: study and investigation.
● To designate administrative powers to apply
The President in the exercise of the executive power under the
compulsion or force against person or property
Constitution may act through the heads of the executive

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
departments. The heads of the executive departments are his
authorized assistants and agents in the performance of his In view of the foregoing, the Legislative branch of government,
executive duties, and their official acts, promulgated in the much more any of its members, should not cross over the field of
regular course of business, are presumptively his acts. implementing the national budget since, as earlier stated, the
same is properly the domain of the Executive. Again, in
The power of removal which the President may exercise directly Guingona, Jr., the Court stated that "Congress enters the picture
and the practical necessities of efficient government brought when it deliberates or acts on the budget proposals of the
about by administrative centralization easily make the President President. Thereafter, Congress, "in the exercise of its own
the head of the administration. judgment and wisdom, formulates an appropriation act precisely
following the process established by the Constitution, which
specifies that no money may be paid from the Treasury except in
OCCENA vs. COMELEC accordance with an appropriation made by law." Upon approval
GR no. L-56350, April 2, 1981 and passage of the GAA, Congress‘ law -making role necessarily
comes to an end and from there the Executive‘s role of
Occena and Gonzales (former delegates to the 1971 implementing the national budget begins. So as not to blur the
Constitutional Convention that framed the 1973 Constitution) constitutional boundaries between them, Congress must "not
asserts that the 1973 Constitution is not the fundamental law. concern itself with details for implementation by the Executive."

The challenge in these prohibition proceedings is against the

BLENDING OF POWERS:
validity of three Batasang Pambansa Resolutions proposing
constitutional amendments. Occena and Sanidad urged that the - Separation of powers does not mean an entire and
amendments proposed are so extensive in character that they go complete separation of powers or functions.. There
far beyond the limits of the authority conferred on the Interim may be a certain degree of blending of 3 powers in
Batasang Pambansa as successor of the Interim National administrative agencies. (Province of Tarlac vs.
Assembly. For them, what was done was to revise and not to Gale, 26 Phil. 338)
amend.

W/N the Interim Batasang Pambansa has the power to B. NON-DELEGATION OF POWERS:
propose amendments - YES, The existence of the power of the
Interim Batasang Pambansa is indubitable. The applicable
provision in the 1976 Amendments is quite explicit, thus: “The DOCTRINE OF NON-DELEGATION OF POWERS:
Interim Batasang shall have the same powers and its Members ● This prohibits the delegation of legislative power, the
shall the same functions, responsibilities, rights, privileges, and vesting of judicial officers with non-judicial function, as
disqualifications as the Interim National Assembly and the well as the investing of non-judicial officers with
regular national assembly and the members thereof.” One of judicial powers. (Province of Tarlac vs. Gale, 26 Phil.
such powers is the proposal of amendments.
338)
The 1973 Constitution (Transitory Provisions) vested the Interim
● BASIS: “Potestas Delegata Non Potest Delegari” (What
National Assembly with the power to propose amendments upon has been delegated cannot in turn be delegated). A
special call by the Prime Minister by a vote of the majority of its delegated power constitutes not only a right but a duty
members to be ratified in accordance with the Article on to be performed by the delegate by the instrumentality
Amendments. Therefore, when the Interim Batasang Pambansa of his own judgment acting immediately upon the
(upon the call of the President and Prime Minister Marcos) met matter and not through the intervening mind of
as a constituent body it acted by virtue of such impotence its another. (US vs. Barrias, 11 Phil. 327)
authority to do so is clearly beyond doubt. It could and did
propose the amendments embodied in the resolutions now being
assailed.
GENERAL RULE: Congress may not delegate to
administrative agencies the legislative powers vested in it.
(Eastern Shipping Lines vs. POEA, 166 SCRA 533)
BELGICA vs. OCHOA EXCEPTION: Except when authorized by the Constitution
GR no. 208566, November 19, 2013 1. Permissible delegation to Administrative Agencies
(Cruz vs. Youngberg, 56 Phil. 234);
The enforcement of the national budget, as primarily contained in 2. Delegation of tariff powers and emergency powers to
the GAA, is indisputably a function both constitutionally assigned the President. (Sec. 23(2), Art. VI, 1987 Constitution);
and properly entrusted to the Executive branch of government. In 3. Delegation to the people at large. (Sec. 32, Art. VI,
Guingona, Jr. v. Hon. Carague (Guingona, Jr.), the Court 1987 Constitution); and
explained that the phase of budget execution "covers the various
4. Delegation to Local Governments.
operational aspects of budgeting" and accordingly includes "the
evaluation of work and financial plans for individual activities,"
the "regulation and release of funds" as well as all "other related C. DELEGATION TO ADMINISTRATIVE AGENCIES:
activities" that comprise the budget execution cycle.This is
rooted in the principle that the allocation of power in the three
principal branches of government is a grant of all powers DELEGATION TO ADMINISTRATIVE AGENCIES:
inherent in them. Thus, unless the Constitution provides - The delegation to administrative agencies or bodies
otherwise, the Executive department should exclusively exercise
of some legislative power is necessary particularly
all roles and prerogatives which go into the implementation of
the national budget as provided under the GAA as well as any
in modern regulatory enactments in which the
other appropriation law. legislature is incapable of defining the
multitudinous details.

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
- When the legislature is not in session, the body empowers it to create the conditions which
government must be carried on, and the legislature constitute the fact, then such delegation is invalid.
must delegate certain powers and discretion to (People vs. Vera, 65 Phil. 56);
others in carrying on essential functions of 4. If the legislature laid down the fundamentals of a law, it
government. may delegate to administrative agencies the authority
- Administrative bodies can deal with the problems to exercise such legislative power as is necessary to
thereof with more expertise and dispatch than can carry into effect the general legislative purpose.
be expected from the legislature or the courts of (LandBank of the Philippines vs. CA, 285 SCRA 404);
justice. (Solid Homes, Inc. vs. Payawal, 177 SCRA 5. In delegating powers to administrative bodies, the
72) legislative must prescribe a policy standard (sufficient
standard test) or guidelines or limitations in the law to
REQUISITES FOR VALID DELEGATION: map out the boundaries of the delegated authority.
(a) The completeness of the statute making the (Cervantes vs. Auditor General, 91 Phil. 359);
delegation; and 6. Another test is the “Completeness Test,” when a
(b) The presence of a sufficient standard. (Gerochi statute is complete because the subject, the manner
vs. Department of Energy, 537 SCA 696) and the extent of its operation are stated in the statute
in such manner that when it reaches the delegate, the
only thing it will have to do is to enforce it. (People vs.
EASTERN SHIPPING LINES vs. POEA
166 SCRA 533 (1988) Vera, Supra);

The principle of non-delegation of powers is applicable to all the US vs. ANG TANG HO
three major powers of the government but is especially important 43 PHIL. 1 (1923)
in the case of the legislative power because of the many
instances when its delegation is permitted. The delegation of By its very terms, Act 2868 is incomplete. The Legislature does
legislative power has become the rule and its non-delegation the not undertake to specify or define under what conditions or for
exception. The reason for such delegation is the increasing what reasons the Governor-General shall issue the
complexity of the task of government and the growing inability of proclamations, but says that it may be issued for cause and
the legislature to cope directly with the problems demanding its leaves the question of what is any cause to the discretion of the
attention. Governor- General.

The reasons for the delegation of legislative powers to The Governor-General cannot, by proclamation, determine what
administrative bodies provides that “With the proliferation of act shall constitute a crime or not. The determination of what
specialized activities and their attendant peculiar problems, the acts constitute a criminal offense essentially is a legislative task.
national legislature has found it more and more necessary to
entrust to administrative agencies the authority to issue rules to
carry out the general provisions of the statute.
COMPANIA GENERAL DE TABACOS vs. BOARD OF PUBLIC
With this power, administrative bodies may implement the broad UTILITY COMMISSIONERS
policies laid down in a statute by “filling in” the details which the 34 PHIL. 136 (1916)
Congress may not have the opportunity or competence to
provide. (Aka Supplementary Regulations) Sec. 16, Act no. 2307 is very general. The statute is not an
expression of its own will or the will of the State with respect to
Memorandum Circular no. 2, is an administrative regulation. The the public utilities it refers to. Such provision does not declare or
power of the POEA in requiring the model contract is not set out what information the State requires, what is valuable to it,
unlimited aas there is a sufficient standard guiding the delegate or the facts which the State must have in order to deal justly and
in the exercise of the said authority. That standard is equitably with such public utilities.
discoverable in the executive order in itself which, in creating the
POEA, mandated it to protect the rights of OFWs to fair and It would seem that the Legislature, by Sec. 16, Act no. 2307,
equitable employment practices. delegated to the Board all of its powers over a given subject
matter in a manner almost absolute, and without laying down a
rule or even making a suggestion by which that power is to be
GUIDELINES IN DETERMINING WHETHER POWERS directed, guided or applied.
MUST BE EXERCISED BY THE LEGISLATIVE OR THOSE
THAT MAY BE DELEGATED TO ADMINISTRATIVE Therefore, Sec. 16 Act 2307 constitute an invalid delegation of
legislative power
AGENCY:
1. If the power is essentially or purely legislative in nature
and merely incidental, hence, such power must be
PEOPLE vs. VERA
exercised by the legislature and cannot be delegated 65 PHIL. 56 (1937)
(Cruz vs. Youngberg, 50 Phil. 234);
2. What can be delegated is the discretion to determine There is invalid delegation of legislation powers to the provincial
how the law may be enforced and not what the law boards. For the purpose of the Probation Act, the provincial
shall be. (Eastern Shipping Lines vs. POEA, 166 SCRA boards may be regarded as administrative bodies endowed with
533); power to determine when the Act should take effect in their
3. The legislature may delegate its authority to make respective provinces. As a rule, an act of the legislature is
incomplete and hence, invalid if it does not lay down any rule or
findings of facts may be conferred to administrative
definite standard by which the administrative officer or board
agency, however, if such delegation to a fact-finding

31
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
may be guided in the exercise of the discretionary powers administrative office designated may (in pursuance of the above
delegated to it. guidelines) promulgate supplemental rules and regulations.

The Probation Act does not fix and impose upon the provincial
boards any standard or guide in the exercise of their ECHEGARAY vs. SECRETARY OF JUSTICE
discretionary power. Under Sec. 11, thereof, the Legislature, on 297 SCRA 754 (1998)
its own authority, extends the benefits of the statute to the
provinces but in reality leaves the entire matter for the various Corollary to the doctrine of separation of powers is the principle
provincial boards to determine. of non-delegation of powers (“The rule is that what has been
delegated, cannot be delegated”). The recognized exceptions to
In the case at bar, the legislature has not made the operation of the rule are the following:
the Probation Act contingent upon specified facts or conditions 1) Delegation of Tariff powers to the President (Sec. 28(2), Art.
to be ascertained by the provincial board. It leaves the entire VI;
operation or non-operation of the law upon the provincial boards. 2) Delegation of Emergency powers to the President (Sec.
The discretion vested is arbitrary because it is absolute and 23(2), Art. VI);
unlimited. 3) Delegation to the People at large;
4) Delegation to Local Governments; and
5) Delegation to administrative bodies
PELAEZ vs. AUDITOR-GENERAL
15 SCRA 569 (1965) Empowering the Sec. of Justice to promulgate rules and
regulations on the subject of lethal injection is a form of
The authority to create municipal corporations is essentially delegation of legislative authority to administrative bodies.
legislative in nature.
The reason for delegation of authority to administrative agencies
Sec 68 of the RAC, insofar as it grants to the President the is due to the increasing complexity of the task of government
power to create municipalities, does not meet the well-settled requiring expertise as well as the growing inability of the
requirements for a valid delegation of the power to fix the details legislature to cope directly with the myriad problems demanding
in the enforcement of a law. It does not enunciate any policy to its attention.
be carried out or implemented by the President. Indeed, without
a statutory declaration of policy xxx, there would be no means to The 2 test to determine whether or not there is a valid delegation
determine, with reasonable certainty, whether the delegate has of powers are the following:
acted within or beyond the scope of his authority. (a) The law must be complete - it must set forth therein the
policy to be executed carried out or implemented by the
delegated; and
ALEGRE vs. COLLECTOR OF CUSTOMS (b) There is a fixed standard - the limits of which are sufficiently
53 PHIL. 394 (1929) determinate or determinable - to which the delegate must
conform in the performance of his functions.
No delegation of legislative power involved is vested to the Fiber
Standardization Board but rather it is an administrative power RA 8177 passes both tests. Considering the scope and
because the statute provides in details for the inspection, definiteness of RA 8177, which change the mode of carrying out
grading and baling of hemp and by whom and how it should be the death penalty, the Curt finds that the law sufficiently
done, and creates such Board with power and authority to descfibes what job must be done, who is to do it, and what is
devise ways and means for its execution. the scope of his authority. RA 8177 also provides the standards
which define the legislative policy, mark its limits, map out its
It is an administrative power because the Legislature could not boundaries, and specify the public agencies which will apply it. It
inspect, grade and bale the hemp, and from necessity, the indicates the circumstances under which the legislative purpose
power to do that would have to be vested in a board or may be carried out. Thus, the Court finds that the existence of an
commission. area for exercise of discretion by the Secretary of Justice and the
Director of the Bureau of Corrections under delegated legislative
power is proper where standards are formulated for the guidance
and the exercise of limited discretion, which though general, are
EDU vs. ERICTA capable of reasonable application.
35 SCRA 481 (1970)

The Reflector Law (RA 5715), which requires motor vehicles to

be equipped with reflectors, is a legislation enacted under the D. SUFFICIENCY OF STANDARDS:
police power to promote public safety.

To determine whether or not there is an undue delegation of SUFFICIENT STANDARD AND COMPLETENESS TEST:
legislative power, the inquiry must be directed to the scope and SUFFICIENT STANDARD
definiteness of the measure enacted. The legislature does not COMPLETENESS TEST:
TEST
abdicate its functions when it describes what job must be done,
who is to do it and what is the scope of his authority. There must be adequate A statute must be complete in
guidelines or limitations in the itself so that by appropriate
A standard defines legislative policy, marks its limits, maps out law to map out the boundaries judicial review and control, any
its boundaries and specifies that public agency to apply it. It of the delegate authority and action taken pursuant to
indicates the circumstances under which the legislative prevent the delegation from delegated authority may be
command is to be effected. It is the criterion by which legislative running riot. (Cervantes vs. kept within the defined limits
purpose may be carried out. Thereafter, the executive or Auditor General, 91 Phil. 359) of the authority conferred.

32
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
(Pelaez vs. Auditor-General, 15
SCRA 569) Rosenthal and Osmena were charged for violating the Blue Sky
Law. Rosenthal appeal to the Supreme Court arguing that the
Blue Sky Law fixes no standard that guide the Insular Treasurer
The sufficiency of a particular standard or limit governing in determining the cases on which a certificate or permit ought to
the authority of the administrative agency in effecting the be issue, thereby making his opinion, the sole criterion on the
policy of the legislature greatly depends upon the nature of matter of its issuance, with the result that legislative power is
the power exercised and the nature of the right restricted by being unduly delegated to him.
such power. (p.214, De Leon, 2013)
W/N the Blue Sky Law did not provide a sufficient standard
for the Insular Treasurer to decide on the issuance or
Detailed standards are not required. The legislature is not cancellation of a certificate or permit? NO. A sufficient
required to provide such a standard as to confer the least standard is provided. The certificate or permit to be issued under
amount of discretion. the Act must recite that the person, partnership, association or
corporation applying therefor “has complied with the provisions
Personal judgment of the agency is not a standard or a of this Act”, and this requirement, construed in relation to the
sufficient standard. other provisions of the law, means that a certificate or permit
shall be issued by the Insular Treasurer when the provisions of
Act 2581 have been complied with.
RUBI vs. PROVINCIAL BOARD OF MINDORO
39 PHIL. 660 (1929) Upon the other hand, the authority of the Insular Treasurer to
cancel a certificate or permit is expressly conditioned upon a
“Necessary in the interest of law and order” as a standard. finding that such cancellation “is in the public interest.” In view of
Rubi and other Manguianes of the Province of Mindoro are being the intention and purpose of Act 2581 to protect the public
illegally deprived of their liberty by the provincial officials of that against “speculative schemes which have no more basis than so
province. Rubi and his companions are said to be held on the many feet of blue sky” and against the “sale of stock in
reservation established at Tigbao, Mindoro, against their will, and fly-by-night concerns, visionary oil wells, distant gold mines, and
one Dabalos is said to be held under the custody of the other like fraudulent exploitations”, the Supreme Court held that
provincial sheriff in the prison at Calapan for having run away “public interest” in this case is a sufficient standard to guide the
from the reservation. Insular Treasurer in reaching a decision on a matter pertaining to
the issuance or cancellation of certificates or permits.
Pursuant to Sec. 2145 of the Administrative Code, the Legislative
conferred authority to the provincial governor of Mindoro and the
provincial board thereof, which directed the Manguianes in CERVANTES vs. AUDITOR-GENERAL
question to take up their habitation in Tigbao, a site on the shore 91 PHIL. 359 (1952)
of Lake Naujan, selected by the provincial governor and
approved by the provincial board. “To promote simplicity, economy and efficiency” as a
standard. It appears that Cervantes was in 1949 the manager of
W/N Sec. 2145, Administrative Code is unlawful delegation the NAFCO with a salary of P15,000 a year. By a resolution of
of legislative power to the Provincial Board of Mindoro? NO. the Board of Directors of this corporation, he was granted
The Legislative may make decisions of executive departments or quarters allowance of not exceeding P400 a month effective the
subordinate officials thereof, to whom it has committed the first of that month. Submitted the Control Committee of the
execution of certain acts, final on questions of facts. The growing Government Enterprises Council for approval, the said resolution
tendency in the decisions is to give prominence to the ‘necessity’ was on August 3, 1949, disapproved by the said Committee on
of the case. strength of the recommendation of the NAFCO auditor,
concurred in by the Auditor General, (1) that quarters allowance
In enacting the said provision of the Administrative Code, the constituted additional compensation prohibited by the charter of
Legislature merely conferred upon the provincial governor, with the NAFCO, which fixes the salary of the general manager
the approval of the provincial board and the Department Head, thereof at the sum not to exceed P15,000 a year, and (2) that the
discretionary authority as to the execution of the law. This is precarious financial condition of the corporation did not warrant
necessary since the provincial governor and the provincial board, the granting of such allowance.
as the official representatives of the province, are better qualified
to judge “when such as course is deemed necessary in the The Government Enterprises Council was created by the
interest of law and order”. As officials charged with the President under EO 93, pursuant RA 51, which authorized the
administration of the province and the protection of its President to effect reforms and changes in GOCC for the
inhabitants, they are better fitted to select sites which have the purpose of promoting, simplicity, economy and efficiency in their
conditions most favorable for improving the people who have the operation. Cervantes challenged the action of the Government
misfortune of being in a backward state. Enterprises Council, contending that EO 93 was an undue
delegation of power.

PEOPLE vs. ROSENTHAL AND OSMENA W/N EO 93 is null and void because of RA 51 which is
68 PHIL. 328 (1939) unconstitutional for illegal delegation of legislative power to
the President? NO. A policy and a standard is laid down. So
“Necessary or advisable in the public interest” as a standard. long as the Legislature "lays down a policy and a standard is
Blue Sky Law (Act no. 2581) requires every person, partnership established by the statute" there is no undue delegation. (11 Am.
or corporation to obtain a certificate or permit from the Insular Jur. 957). Republic Act No. 51 in authorizing the President of the
Treasurer before offering for sale to the public speculative Philippines, among others, to make reforms and changes in
securities. The Insular Treasurer (under the law) is empowered to government-controlled corporations, lays down a standard and
cancel or revoke a certificate or permit previously issued by him. policy that the purpose shall be to meet the exigencies attendant

33
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
upon the establishment of the free and independent government reserve of the Central bank during an exchange crisis and to give
of the Philippines and to promote simplicity, economy and the Board and the Gov’t time in which to take constructive
efficiency in their operations. The standard was set and the measures to combat such crisis which “sufficiently marks the
policy fixed. The President had to carry the mandate. This he did field within which the Administrator is to act so that it may be
by promulgating the executive order in question which, tested by known whether he has kept within it in compliance with the
the rule above cited, does not constitute an undue delegation of legislative will’ (Yakus vs. United States, 88 L. ed. 848.) The
legislative power. Board is likewise authorized “to take such appropriate remedial
measures as are appropriate” to protect the international stability
of the peso whenever the international reserve is falling, as a
MUTUAL FILM CO. vs. INDUSTRIAL COMMISSION OF OHIO result of the payment or remittance abroad which, in the opinion
236 US 230 (1914) of the Board, are contrary to the national welfare. Furthermore,
these powers must be construed and exercised in relation to the
“Of a moral, educational, or amusing and harmless objectives of the law to maintain monetary stability in the
character” as a standard. Sec. 3 of the Ohio Laws provides Philippines and to promote a rising level of production
that the duty of the Board of Censor to examine and censor employment and real income in the Philippines. These standards
motion picture films to be publicly exhibited and displayed in the are sufficiently concrete and definite to vest in the delegated
State of Ohio. Sec. 4 thereof, states that only such films as are, authority the character of administrative details in the
in the judgment and discretion of the Board, of moral, enforcement of the law and to place the grant of said authority
educational, or amusing and harmless character shall be passed beyond the category of a delegation of legislative power.
and approved by said Board. The objection to the statute is that
it furnishes no standard of what is educational, moral, or
amusing or harmless, and the law places upon the members of PHIL. ASSOC. OF COLLEGES AND UNIVERSITIES
the Board unlimited and absolute discretion. vs. SECRETARY OF EDUCATION
97 PHIL. 806 (1955)
W/N the Ohio Law provides undue delegation of legislative
power to the Board of Censor? NO. Power to ascertain facts “Adequate and efficient instruction” as a standard. Philippine
and conditions may be delegated. An administrative body may Association of Colleges and Universities (PACU) assailed the
be invested with the power to ascertain the facts and conditions constitutionality of Act No. 2706, known as the “Act making the
to which the policy and principles to apply. Inspection and Recognition of private schools and colleges
obligatory for the Secretary of Public Instruction.”
The Ohio Law, by its provision, guards against such variant
judgments, and its terms get precision from the sense and As contended by PACU, the Act is unconstitutional because of
experience of men, and become certain and useful guides in the following reasons: 1) The act deprives the owner of the
reasoning and conduct. The exact specification of the insurance school and colleges as well as teachers and parents of liberty
to their application would be impossible as the attempt would be and property without due process of law; 2) it will also deprive
futile the parents of their natural rights and duty to rear their children
for civic efficiency; and 3) its provisions conferred on the
Secretary of Education unlimited powers and discretion to
PEOPLE vs. JOLLIFFE prescribe rules and standards constitute towards unlawful
105 PHIL. 677 (1959) delegation of legislative powers.

“To maintain monetary stability, promote a rising level of Additionally, the association contended that the Constitution
production, employment and real income” as a standard. guaranteed every citizen the right to own and operate a school
Sec. 74, RA 265, conferred upon the Monetary Board and the and any law requiring previous governmental approval or permit
President the power to subject to licensing all transactions in before such person could exercise the said right.
gold and foreign exchange “in order to protect the international
reserve of the Central Bank during an exchange crisis and to give On the contrary, the Department of Education maintained that 1)
the Monetary Board and the Government ime in which to take the matters does not contain justiciable controversy and thus
constructive measures to combat such crisis.” Also, the does not need court decision or intervention; 2) petitioners are in
Monetary Board is authorized to take such remedial measures estoppels to challenge the validity of the said act; and 3) the Act
appropriate to protect the international stability of the peso is constitutionally valid.
“whether the international reserve is falling, as a result of
payments or remittances abroad which, in the Monetary Board, Section 1 of Act No. 2706 provides that “It shall be the duty of
are contrary to the national welfare.” When Jolliffe was about to the Secretary of Public Instruction to maintain a general standard
board a plane, 4-pieces of gold bullion were found in his body. of efficiency in all private schools and colleges of the Philippines
There was also a $100,000 traveller’s check in his possession. so that the same shall furnish adequate instruction to the public,
Jolliffee questioned the validity of RA 265. in accordance with the class and grade of instruction given in
them, and for this purpose said Secretary or his duly-authorized
W/N the grant of authority to issue the circular in question representative shall have authority to advise, inspect, and
constitute an undue delegation of legislative power? NO. regulate said schools and colleges in order to determine the
Distinction should be made between the delegation of the power efficiency of instruction given in the same.”
to determine what the law shall be and the delegation of
authority to fix the details in the execution or enforcement of a Whether or not Act No. 2706 is unconstitutional? NO, Act No.
policy set out in the law itself. The delegated authority falls under 2706 is constitutional. The organic law provides that the state
the second category for which a reasonable standard has been has the power to regulate private schools for the development of
set. Sec 74 of RA 265 conferred upon the Monetary Board and morals, civic efficiency, and scientific aptitude of students. The
the President the power to subject to licensing all transactions in court found no justiciable controversy. The power of the courts
gold and foreign exchange in order to protect the international to declare a law unconstitutional arises only when the interest of
litigant require the use of judicial authority for their protection

34
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
against actual interference. As such, judicial power is limited to regulation is clearly provided in Section 4(a) of Executive Order
the decision of actual cases and controversies. Thus, the court No. 797. … “The governing Board of the Administration (POEA),
does not sit to adjudicate a mere academic question, such as as hereunder provided shall promulgate the necessary rules and
that provided by the petitioner. On this phase of the litigation, the regulations to govern the exercise of the adjudicatory functions
court conclude that there has been no undue delegation of of the Administration (POEA).”
legislative power even if the petitioners appended a list of
circulars and memoranda issued by the Department of It is true that legislative discretion as to the substantive contents
Education. of the law cannot be delegated. What can be delegated is the
discretion to determine how the law may be enforced, not what
the law shall be. The ascertainment of the latter subject is a
BALBUENA vs. SECRETARY OF EDUCATION prerogative of the legislature. This prerogative cannot be
110 PHIL. 150 (1960) abdicated or surrendered by the legislature to the delegate.

“Simplicity and dignity” as a standard. Sec. 1 of R.A. No. 1265 The reasons given above for the delegation of legislative powers
requires all educational institutions to observe daily flag in general are particularly applicable to administrative bodies.
ceremonies, which shall be simple and dignified and shall With the proliferation of specialized activities and their attendant
include the playing or singing of the national anthem. sec 2 peculiar problems, the national legislature has found it more and
authorizes the sec of education to issue rules and regulations on more necessary to entrust to administrative agencies the
the proper conduct of flag ceremony. authority to issue rules to carry out the general provisions of the
statute. This is called the “power of subordinate legislation.”
Petitioner, members of Jehovah’s witness challenged the With this power, administrative bodies may implement the broad
constitutionality of the Act, by virtue of which, the Secretary of policies laid down in a statute by “filling in’ the details which the
Education issued Department Order No. 8, prescribing Congress may not have the opportunity or competence to
compulsory flag ceremony, as an undue delegation of legislative provide. This is effected by their promulgation of what are known
power. as supplementary regulations, such as the implementing rules
issued by the Department of Labor on the new Labor Code.
W/N the requirements of simplicity and dignity of the flag These regulations have the force and effect of law.
ceremony and the singing of the national anthem constitute
an adequate standard? YES. The requirements set in Sec. 1
and Sec. 2 of the Act constitute an adequate standard, to wit, TATAD vs. SECRETARY OF ENERGY
simplicity and dignity of the flag ceremony and the singing of the 281 SCRA 330 (1997)
national anthem. That the Legislature did not specify the details
of the flag ceremony is no objection to the validity of the statute, “As far as practicable,” “decline of crude oil prices in the
for all that is required of it is the laying down of the standards world market,” and stability of the peso exchange rate to the
and policy that will limit the discretion of the regulatory agency. US dollar” as a standard. The petitions challenge the
constitutionality of RA No. 8180 entitled “An Act Deregulating the
Downstream Oil Industry and For Other Purposes.” The
INTERNATIONAL HARDWOOD vs. PANGIL FEDERATION deregulation process has two phases: (a) the transition phase
70 PHIL. 602 (1946) (Aug. 12, 1996) and the (b) full deregulation phase (Feb. 8, 1997
through EO No. 372).
“Justice and equity and substantial merits of the case” as a
standard. Sec. 20, CA 103 prescribes that “in the hearing, Sec. 15 of RA No. 8180 constitutes an undue delegation of
investigation and determination of any question or controversy legislative power to the President and the Sec. of Energy
and in exercising any duties and powers under the Act, the court because it does not provide a determinate or determinable
shall act according to justice and equity and substantial merits to standard to guide the Executive Branch in determining when to
the case,w without regard to technicalities or legal forms. implement the full deregulation of the downstream oil industry,
and the law does not provide any specific standard to determine
when the prices of crude oil in the world market are considered
to be declining nor when the exchange rate of the peso to the US
EASTERN SHIPPING LINES, INC. vs. POEA dollar is considered stable.
166 SCRA 533 (1988)
W/N Sec. 15, RA 8180 violates the constitutional prohibition
“Fair and equitable employment practices” as a standard. A on undue delegation of power? NO. Sec. 15 can hurdle both
Chief Officer of a ship was killed in an accident in Japan. The the completeness test and the sufficient standard test. RA No.
widow filed a complaint for charges against the Eastern Shipping 8180 provided that the full deregulation will start at the end of
Lines with POEA, based on a Memorandum Circular No. 2, March 1997 regardless of the occurrence of any event. Thus, the
issued by the POEA which stipulated death benefits and burial law is complete on the question of the final date of full
for the family of overseas workers. ESL questioned the validity of deregulation.
the memorandum circular as violative of the principle of
non-delegation of legislative power. It contends that no authority Sec. 15 lays down the standard to guide the judgment of the
had been given the POEA to promulgate the said regulation; and President—he is to time it as far as practicable when the prices
even with such authorization, the regulation represents an of crude oil and petroleum in the world market are declining and
exercise of legislative discretion which, under the principle, is not when the exchange rate of the peso to the US dollar is
subject to delegation. Nevertheless, POEA assumed jurisdiction considered stable.
and decided the case.
Webster defines “practicable” as meaning possible to practice or
W/N the Issuance of Memorandum Circular No. 2 is a perform, “decline” as meaning to take a downward direction, and
violation of non-delegation of powers? NO. SC held that there “stable” as meaning firmly established.
was a valid delegation of powers. The authority to issue the said

35
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Morillo Notes
- The standard or limit governing the authority and
discretion of the agency in effecting the policy of
E. RESTRICTION ON GRANT OF JUDICIAL POWER:
the legislature must be found in the law itself.

RESTRICTION ON GRANT OF JUDICIAL POWER: EXCEPTIONS TO THE RULE REQUIRING STANDARDS

● The doctrine of separation of powers also operates to OR GUIDELINES - The following are instances in which
restrict the exercise of judicial functions to uncontrolled discretion may be vested on administrative
administrative agencies. Since the legislation cannot agencies:
exercise judicial functions, it certainly is precluded (1) Handling of state property or funds;
from delegating the exercise of judicial functions to (2) A power which is not directly or exclusively a
administrative agencies or officers. legislative one in the exercise of which the State is
● Some judicial powers may be conferred upon and supreme and may act at its pleasure, and which has
exercised by administrative agencies without violating no relation whatsoever to personal or property rights,
constitutional provisions inhibiting the “delegation” of may be delegated without any standard to guide its
judicial power. However, the judicial power which may exercise;
be exercised by administrative agencies is limited to (3) In regards to purely internal administration, standards
what is incidental and reasonably necessary to the may be deemed unnecessary;
proper and efficient administration of the statutes that (4) The power of the Board to make recommendation
are committed to them for administration. which bind no one has been held administrative and
not legislative, so that the absence of standards was
immaterial;
LOVINA vs. MORENO
9 SCRA 557 (1965))
(5) In matters that are privilege in nature (ie. using of
property, engaging in occupations; or committing of
RA 2056 merely empowers the Secretary of Public Works to acts which might be forbidden0;
remove unauthorized obstructions or encroachments upon (6) If it is impracticable to lay down a definition
public streams, constructions that no private person was anyway comprehensive rule (ie. where regulations turns upon
entitled to make because the bed of navigable streams is public the question of personal fitness); and
property, and ownership thereof is not acquirable by adverse (7) If the act relates to the administration of a police
possession.
regulation and is necessary to protect the general
The exercise of the Secretary’s power under the RA 2056
welfare, morals, and safety of the public.
necessarily involves the determination of some questions of fact,
such as the existence of the stream and its previous navigable In such situations, the courts will infer that the standard
character; but these functions, whether judicial o quasi-judicial, of reasonableness is to be applied. (p.237, De Leon, 2013)
are merely incidental to the exercise of the power granted by law
to clear navigable streams of unauthorized obstructions or
encroachments, and authorities are clear that they are validly G. PERMISSIBLE DELEGATION OF LEGISLATIVE
conferrable upon executive officials provided the party affected POWER UNDER THE CONSTITUTION:
is given opportunity to be heard, as is expressly required by Sec.
2, RA 2056.
Sec. 23(2), Article VI, 1987 Constitution:
- In times of war or other national emergency, the
MILLER vs. MARDO Congress may, by law, authorize the President, for
2 SCRA 898 (1961) a limited period and subject to such restrictions as
it may prescribe, to exercise powers necessary and
The ‘Functions’ referred to in RA 1241 refer merely to proper to carry out a declared national policy.
administrative, not judicial functions. The Government Survey Unless sooner withdrawn by resolution of the
and Reorganization Commission was created to carry out the Congress, such powers shall cease upon the next
reorganization of the Executive Branch of the National
adjournment thereof.
Government which plainly did not include the creation of courts.

It may be conceded that the Legislature may confer on Sec. 28(2), Article VI, 1987 Constitution:
administrative boards or bodies quasi-judicial powers involving - The President shall have the power to veto any
the exercise of judgment and discretion, as incident to the particular item or items in an appropriation,
performance of administrative functions. However, in doing so, revenue, or tariff bill, but the veto shall not affect
the Legislative must leave no doubt because even quasi-judicial the item or items to which he does not object.
prerogatives must be limited (if they are to be valid) only to those
incidental to or in connection with the performance of jurisdiction
Sec. 32, Article VI, 1987 Constitution:
over the matter exclusively vested in the courts.
- The Congress shall, as early as possible, provide
for a system of initiative and referendum, and the
exceptions therefrom, whereby the people can
F. LAW REQUIRING STANDARDS OR GUIDELINES:
directly propose and enact laws or approve or
reject any act or law or part thereof passed by the
STANDARD MAY BE PRESCRIBED IN THE LAW ITSELF: Congress or local legislative body after the
registration of a petition therefor signed by at least

36
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
ten per centum of the total number of registered (9) Such other matters as may be authorized by
voters, of which every legislative district must be law for the promotion of the general welfare
represented by at least three per centum of the of the people of the region.
registered voters thereof.

Sec. 3, Article X, 1987 Constitution:

Chapter 6:
- The Congress shall enact a local government code
ADMINISTRATIVE PROCEEDINGS
which shall provide for a more responsive and
accountable local government structure instituted
through a system of decentralization with effective
mechanisms of recall, initiative, and referendum,
A. GENERAL MATTERS:
allocate among the different local government units
their powers, responsibilities, and resources, and
provide for the qualifications, election, appointment DEFINITION OF ADMINISTRATIVE PROCEEDINGS:
and removal, term, salaries, powers and functions - An agency process with respect to rule-making,
and duties of local officials, and all other matters adjudication and licensing. (Sec. 2(4), Book VII,
relating to the organization and operation of the Admin. Code)
local units.
CHARACTERISTICS OF ADMINISTRATIVE PROCEEDINGS:
Sec. 5, Article X, 1987 Constitution: a) Adversary in Nature - Every proceeding is adversary in
- Each local government unit shall have the power to substance if it may result in an order in favor of one
create its own sources of revenues and to levy person against another, and the proceeding is,
taxes, fees and charges subject to such guidelines nonetheless, an adversary one because the primary
and limitations as the Congress may provide, purpose of the agency is to protect the public interests.
consistent with the basic policy of local autonomy. A proceeding is adversarial where the party seeking
Such taxes, fees, and charges shall accrue relief has given legal warning to the other party and
exclusively to the local governments. afforded the latter an opportunity to contest it. (Republic
vs. Capote, 514 SCRA 76)
Sec. 10, Article X, 1987 Constitution: b) Quasi-Judicial or Judicial in Nature - Administrative
- No province, city, municipality, or barangay may be proceedings partake of the nature of judicial
created, divided, merged, abolished, or its proceedings if involves the (a) taking and evaluation of
boundary substantially altered, except in evidence; (b) determination of facts based upon the
accordance with the criteria established in the local evidence presented; and (c) rendering an order or
government code and subject to approval by a decision supported by the facts proved. (Secretary of
majority of the votes cast in a plebiscite in the Justice vs. Lantion, 322 SCRA 160)
political units directly affected. c) Civil in Nature - Particular administrative proceedings
are held to be civil rather than criminal in nature even
Sec. 18, Last Paragraph, Article X, 1987 Constitution: though the charge before the agency is based upon a
- The creation of the autonomous region shall be violation of the penal law. However, administrative
effective when approved by majority of the votes proceedings are not exempt from the basic and
cast by the constituent units in a plebiscite called fundamental procedural principles such as due process.
for the purpose, provided that only provinces, (Civil Service Commission vs. Lucas, 301 SCRA 560)
cities, and geographic areas voting favorably in d) Not an action at law - An adjudicatory proceeding
such plebiscite shall be included in the before an administrative agency is not an action at law;
autonomous region. nor is it a litigation between private parties. In some
statues, an administrative proceeding is not private but
Sec. 20, Article X, 1987 Constitution: public in nature.
- Within its territorial jurisdiction and subject to the
provisions of this Constitution and national laws,
the organic act of autonomous regions shall B. JURISDICTION OF ADMINISTRATIVE AGENCIES:
provide for legislative powers over:
(1) Administrative organization; JURISDICTION - the power and authority given by law to
(2) Creation of sources of revenues; hear and decide a case.
(3) Ancestral domain and natural resources;
(4) Personal, family, and property relations; ELEMENTS OF JURISDICTION:
(5) Regional urban and rural planning a. Jurisdiction over the subject matter; and
development; b. Jurisdiction over the person.
(6) Economic, social, and tourism
development; NECESSITY OF JURISDICTION IN ADMINISTRATIVE
(7) Educational policies; PROCEEDINGS:
(8) Preservation and development of the
cultural heritage; and

37
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
- To give validity to the determination of not the agency. (Batangas Laguna Tayabas
administrative agencies. Without jurisdiction, their Bus Co. vs. Cadiao, 22 SCRA 987)
acts are void and open to collateral attack. (b) The Public Service Commission (now LTFRB)
- A void judgment is no judgment at all. it can never does not have the jurisdiction to rule on the
become final and executory and cannot be subject validity of a local ordinance prescribing rules
to appeal. (NHA vs. CSLP, 505 SCRA 38) for the operation of tricycles and pedicabs
because this can be determined only by the
SCOPE OF ADMINISTRATIVE TRIBUNAL’S courts. (Gray vs. Kiungco, 25 SCRA 216)
JURISDICTION: (c) Under the Labor Code, there should be an
- Only those expressly or necessarily implied upon employer-employee relationship before a
the law that confers such jurisdiction to them. cause is brought to the NLRC, otherwise, the
(Badillo vs. CA, 555 SCR 435) NLRC has no jurisdiction. (Mafinco Trading
Corp. vs. Ople, 70 SCRA 139)
SOURCE OF ADMINISTRATIVE TRIBUNAL’S
JURISDICTION: FAILURE TO EXERCISE POWER:
- Administrative agencies are tribunals of limited and - Failure of the administrative agency to use its
special jurisdiction, that is to hear and determine a power indicates that such power does not exist,
class of cases within their peculiar competence however, a failure to exercise jurisdiction does not
and expertise. (Bank of Commerce vs. Planters result in its loss.
Development Bank, 681 SCRA 521)
- In Contrast, RTC is a court of general EXPIRATION OR REPEAL OF STATUTE:
jurisdiction because it has jurisdiction over - Expiration of a statute may be held not to deprive
cases whose subject matter does not fall an administrative agency of jurisdiction to enforce
within the exclusive original jurisdiction of the statute as to liabilities incurred while the statute
any court, tribunal or body exercising was in force, where a general saving statute
judicial or quasi-judicial functions. (Bank continues such liabilities.
of Commerce vs. Planters Development - If there is no saving clause, the repeal of a statute
Bank, Supra) while proceedings are pending and prior to the
- If the jurisdiction of an administrative tribunal is filing of an order, may remove any support in law
established by the Constitution, a statute for such order.
attempting to enlarge such jurisdiction is
unconstitutional. JURISDICTION OF COURTS:
- Administrative agencies have no general powers
CONDUCT; WAIVER; ESTOPPEL: but only such have jurisdiction conferred upon
● Administrative agency cannot enlarge its own them by law.
jurisdiction nor can jurisdiction be conferred upon the - If the law confines in an administrative office the
agency by parties before it because deviations from power to determine particular questions or matters
an agency’s statutory sphere of action cannot be upon the facts presented, the jurisdiction of such
upheld nor can they be made effective by waiver or office shall prevail over the courts. (Radio
estoppel. Communications of the Philippines vs. NTC, 184
● However, active participation of a party in a case SCRA 517)
pending against him before a court or quasi-judicial - Under the ‘Doctrine of Primary Jurisdiction’, if the
body is tantamount to a recognition of that court’s or case determination requires the expertise,
body’s jurisdiction and a willingness to abide by the specialized skills and knowledge of the proper
resolution of the case and will bar said party from later administrative bodies because technical matters
on impugning its jurisdiction.(Sta. Rosa Realty vs. are involved, then relief must first be obtained in an
Amante, 453 SCRA 432) administrative proceedings before a remedy will be
supplied by the courts even though the matter is
DETERMINATION OF EXISTENCE: within the proper jurisdiction of a court. (industrial
- If a statute authorizes an administrative agency to Enterprises, Inc. vs. CA, 184 SCRA 426)
act in a particular situation, it confers upon such
agency the authority to determine whether the
C. CONTROVERSIES AMONG
situation is such as to authorize the agency to act
GOVERNMENT OFFICES:
(ie. to determine the coverage of the statute) and
this question cannot initially be decided by a court.
- However, an administrative agency’s determination HOW CONTROVERSIES ARE SETTLED AMONG
of its jurisdiction is not conclusive upon the courts. GOVERNMENT OFFICES:
(a) The resolution of the dispute on the terms of ● General Rule: All disputes, claims and controversies,
the lease agreement between the petitioner solely between or among the departments, bureaus,
and the other bus company and their rights offices, agencies and instrumentalities of the National
as lessor and lessee was for the Courts and Government, including government-owned or
controlled corporations, such as those arising from the

38
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
interpretation and application of statutes, contracts or - It is a constitutional right. (Sec. 2, Art. III, 1987
agreements, shall be administratively settled or Constitution)
adjudicated in the manner provided in Book IV, Chapter - It applies to, and must be observed in judicial as
14 of the Administrative Code. (Sec. 66, Book IV, well as administrative proceedings to every case
Admin. Code) which may deprive a person of life, liberty, or
● Exception: This Chapter shall not apply to disputes property. (City of Manila vs. Posadas, 48 Phil. 309)
involving the Congress, the Supreme Court, the
Constitutional Commissions, and local governments. ESSENCE OF DUE PROCESS:
(Sec. 66, Book IV, Admin. Code) - Basic requirement of notice and real opportunity to
be heard.
DISPUTES INVOLVING QUESTIONS OF LAW: - It means an opportunity to explain one’s side or an
- All cases involving only questions of law shall be opportunity to seek a reconsideration of the action
submitted to and settled or adjudicated by the or ruling complained of. (See Var orient Shipping
Secretary of Justice as Attorney-General of the Co. vs. Achacoso, 161 SCRA 732)
National Government and as ex officio legal adviser
of all government-owned or controlled STANDARDS OF DUE PROCESS IN ADMINISTRATIVE
corporations. His ruling or decision thereon shall be PROCEEDINGS:
conclusive and binding on all the parties - Procedural due process in administrative
concerned. (Sec. 67, Book IV, Admin. Code) proceedings follows a more flexible standard.
- Notwithstanding the non-applicability of technical
DISPUTES INVOLVING QUESTIONS OF FACT AND LAW: rules of procedure and evidence in administrative
- Cases involving mixed questions of law and of fact or proceedings, administrative tribunals are bound by
only factual issues shall be submitted to and settled or law, practice and equity to observe the
adjudicated by: fundamental and essential requirements of due
(a) The Solicitor General, if the dispute, claim or process of the Constitution in justifiable cases
controversy involves only departments, bureaus, presented before them. (Ocampo vs. Office of
offices and other agencies of the National Ombudsman, 322 SCRA 17)
Government as well as government-owned or
controlled corporations or entities of whom he is REQUISITES OF ADMINISTRATIVE DUE PROCESS:
the principal law officer or general counsel; and 1. The right to notice (actual or constructive) of the
(b) The Secretary of Justice, in all other cases not institution of the proceedings that may affect a
falling above. (Sec. 68, Book IV, Admin. Code) person’s legal right;
2. The right to reasonable opportunity to appear
ARBITRATION: personally or with the assistance of counsel and
- The determination of factual issues may be referred defend his rights and to introduce witnesses and
to an arbitration panel composed of one relevant evidence in his favor, by testimony or
representative each of the parties involved and otherwise, and to controvert the evidence of the
presided over by a representative of the Secretary other party;
of Justice or the Solicitor General, as the case may 3. The right to a tribunal vested with competent
be. (Sec. 69, Book IV, Admin. Code) jurisdiction, so constituted to give him reasonable
assurance of honesty and impartiality; and
APPEALS: 4. The right to a finding and decision by that tribunal
- The decision of the Secretary of Justice as well as supported by substantial evidence presented at the
that of the Solicitor General, when approved by the hearing or at least ascertained in the records, or
Secretary of Justice, shall be final and binding disclosed or made known to the parties affected.
upon the parties involved. Appeals may, however, (Air Manila vs. Balatbat, 38 SCRA 480)
be taken to the President where the amount of the
claim or the value of the property exceeds one
NOTE: A decision rendered without due process is void ab initio
million pesos. The decision of the President shall and may be attacked at anytime directly or collaterally by means
be final. (Sec. 70, Book IV, Admin. Code) of a separate action or proceeding where it is invoked. (Garcia
vs. Molina, 627 SCRA 540)
RULES AND REGULATIONS:
- The Secretary of Justice shall promulgate the rules
and regulations necessary to carry out the RIGHT TO COUNSEL:
provisions of Chapter 14, Book IV. (Sec. 71, Book - A party in an administrative inquiry may or may not
IV, Admin. Code) be assisted by counsel irrespective of the nature of
the charges and of respondents capacity to
represent himself. The right (while desirable) is not
D. DUE PROCESS IN ADMINISTRATIVE indispensable to due process unless required by
ADJUDICATION: the Constitution or the law. (Perez vs. Tagle, 544
SCRA 532
NATURE OF DUE PROCESS:
EFFECT OF NON-OBSERVATION OF DUE PROCESS:

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
- Denial of due process constitutes grave abuse of
discretion and may result in the invalidation of the NECESSITY FOR NOTICE AND HEARING:
administrative proceedings and the order or ● General Rule: Notice and hearing are not essential to
determination entered against a party. (Borja vs. the validity of administrative action where the
Moreno, 11 SCRA 508) administrative body acts in the exercise of executive,
administrative, or legislative functions.
● Exception: If a public administrative body acts in a
VILLA vs. LAZARO
189 SCRA 34 (1990) judicial or quasi-judicial matter and its actions are
particular and immediate, the person whose rights or
No excuse for initiating what is held out as an administrative property affected by the action is entitled to notice and
proceeding against Villa without informing her of the complaint hearing. (Central Bank vs. Cloribel, 44 SCRA 307)
which initiated the case; for conducting that inquiry in the most ● NOTE: Parties who choose not to avail themselves the
formal manner by means only of communications requiring opportunity to answer charges against them and to
submission of certain documents, which left the impression that attend scheduled hearings, despite due notice, cannot
compliance was all that was expected of her and with which
validly complain of a denial of due process. (Garcia vs.
detectives she promptly and religiously complied; for failing to
call Villa’s attention to their non-receipt or to make any other Pajaro, 384 SCRA 122)
attempt to trace their whereabouts; for ruling against Villa on the
spurious premise that she had failed to submit the documents SUFFICIENCY OF NOTICE:
required. - Substantial compliance of service of summons in
quasi-judicial proceedings is sufficient.
All of the orders translate to a denial of due process. (Dy-Dumalasa vs. Fernandez, 593 SCRA 656)
- If a statute or a rule provides the manner, form, and
time of notice, the notice must conform with the
E. PROCEDURES TO BE FOLLOWED prescribed provisions at least substantially.
(RULES ON ADJUDICATION): (Paterok vs. Bureau of Customs, 193 SCRA 132)
- Example: Under Sec. 2306 of the Tariff &
Customs Code, notice of hearing posted on
1. Institution of Proceedings: the bulletin board is allowed only if the party
and owner of the property in question is
INSTITUTION OF PROCEEDINGS BEFORE THE unknown. Notice of hearing posted owner of
ADMINISTRATIVE AGENCY: the alleged prohibited imported article is
1. Ex Parte Application - such as an application for known does not constitute sufficient
license, permit, approval, or consent, or the filing of a compliance with proper service of notice.
claim or an application for benefits. - In administrative proceedings, due process of law
2. Filing of Complaint - filed by an aggrieved person on is afforded by constructive service of notice or
the basis of which notice of hearing is issued. process on parties. Notice by publication (pursuant
3. Motu Proprio - particular administrative agencies to the statute prescribing such notice) will sustain
may institute proceedings on their own initiative, jurisdiction.
motion, or complaint.
WAIVER OF RIGHT TO NOTICE:
COMPROMISE AND ARBITRATION: - Generally, the right to notice in an administrative
- To expedite administrative proceedings involving proceeding may be waived since notice goes to
conflicting rights or claims and obviate expensive jurisdiction of the person rather than of the subject
litigations, every agency shall, in the public interest, matter. (p.279, De Leon, 2013 citing 2 Am Jur. 2d
encourage amicable settlement, comprise and 176)
arbitration. (Sec. 10, Book VII, Admin. Code) - If a general appearance is entered,
jurisdiction of the person is conferred even
though it was not acquired by proper service
2. Notice and Hearing: of notice or process.
- Personal notice is not required when it is
impossible to give (ie. application for operation of
Notice and Hearing in Contested Cases: public utility motor vehicles). (Matienzo vs.
Abellera, 162 SCRA 1)
(1) In any contested case all parties shall be entitled to notice - Failure to attend a hearing, notice of which has
and hearing. The notice shall be served at least five (5) days
been served on a party, effects forfeiture of his/her
before the date of the hearing and shall state the date, time
and place of the hearing. right to be heard. (Asprec vs. Itchon, 16 SCRA 921)
(2) The parties shall be given opportunity to present evidence
and argument on all issues. If not precluded by law, informal DENIAL OF DUE PROCESS MAY BE CURED:
disposition may be made of any contested case by - A motion for reconsideration or appeal availed of
stipulation, agreed settlement or default. within the administrative agency is curative in
(3) The agency shall keep an official record of its proceedings. character on the issue of alleged denial of due
(Sec. 11, Book VII, Admin. Code) process. (Rosales vs. CA, 165 SCRA 344)

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
- In the application of the principle of due process, life, liberty, and property, without notice and hearing
what is ought to be safeguarded is not lack of which is adequate and fair. Thus, a hearing or
previous notice but the denial of the opportunity to opportunity to be heard before the citizen is deprived
be heard. (Sumadchat vs. CA, 111 SCRA 489) of his rights is absolutely essential to due process.
(Lopez vs. Director of Lands, 47 Phil. 23)
ELEMENTS OF RIGHT TO HEARING: ● Exception: In the performance of its executive or
1. Right to present his/her case or defense, and submit legislative functions (ie. issuing rules and regulations),
evidence (oral or documentary) in support thereof; an administrative body need not comply with the
2. Right to know the claims of the opposing party and to requirement of notice and hearing. (Corona vs. United
meet them; Harbor Pilots, Assoc., 283 SCRA 31)
3. Right to cross-examine witnesses for a full and true
disclosure of the facts; and
DANAN vs. ASPILLERA
4. Right to submit rebuttal evidence. (Gannapao vs. Civil 6 SCRA 609 (1962)
Service Commission, 649 SCRA 595)
The Public Service Commission (PSC)’s Ex Parte revocation of
Actual hearing/Cross-examination not always essential - certificates without giving the operator previous notice and
As long as a party was given the opportunity to defend opportunity to explain their side. This practice violated the due
his/her interests in due course, he/she cannot be said to process clause of the Constitution express in Sec. 16(n) of the
have been denied due process of law for this opportunity to Public Service Act.
be heard is the very essence of due process, and not
The PSC (who are not judges in the truse sense) would do well to
necessarily that an actual hearing was conducted. Also, ponder the implications of Art. 32(6), New Civil Code on the
while the right to cross-examine is vital elements of individual responsibility of public officers and employees who
procedural due process, the right does not necessarily impair a person’s right against deprivation of property without
require an actual cross-examination but merely an due process of law.
opportunity to exercise this right if desired by the party
entitled to it. (Lumiqued vs. Execea, 282 SCRA 125)
MANILA ELECTRIC COMPANY vs. MEDINA
REQUIREMENT OF NOTICE AND HEARING BY LAW OR 14 SCRA 510 (1965)
REGULATION:
The Public Service Act confers upon the Public Service
1. If provided by law - when a statute requires notice
Commission (PSC) no discretion to suspend the effectivity of its
and hearing in reaching an administrative orders continuing existing service or prescribing rates. The
determination, such statutory requisite must be met or PSC’s lack of authority to suspend is further emphasized by Sec.
the determination is invalid. Express requirements are 37 of the ACT to the effect that the institution of a writ of
not necessary. certiorari or other special remedies in the Supreme Court shall in
2. If not provided by law - in the absence of express no case supersede or stay any order, ruling or decision of the
statutory provision, the question whether there is a PSC, unless the Supreme Court shall s direct.
right to notice is to be determined by the terms of the
The express grant to the Supreme Court of the power to stay (to
particular statute and the attendant circumstances.
suspend) the effectivity of a PSC’s order or decision cannot but
3. If provided by regulation - the regulations of the lead to the conclusion that the law intended to deny to the PSC
agency may be held to embrace all the elements of a any authority to stay or suspend the immediate operation of an
fair hearing. (pp.275-276, De Leon, 2013) order or decision to continue an existing service or prescribing
rares to be charged.
BAUTISTA vs. WORKMEN’S COMPENSATION COMMISSION
What makes the order of suspension particularly invalid is that
88 SCRA 121 (1979)
the same was issued without giving the party adversely affected
an opportunity to oppose the suspension and present its side of
The WCC gravely abused its discretion in ignoring and in not
the question. In effect, the suspension amounted to a denial of
passing uon this issue. The very rules of the Commission require
due process. The order of suspension is invalid on its face being
the giving of reasonable notice of hearing to each party
in violation of the Constitutional limitation.
interested by service upon him personally or by registered mail of
copy thereof at his last known post office address or if he is
represented by a counsel, through the latter, so as to ensure
observance and protection of an interested party’s right to a MANILA ELECTRIC CO. vs. PUBLIC SERVICE COMMISSION
hearing. Therefore, Patent is the failure of the hearing officer to 11 SCRA 317 (1964)
observe these rules.
Without having:
Under the circumstances, the claimant was clearly deprived of (1) first reset the said 3 cases for hearing;
his day in court. (2) given the Meralco an opportunity, as requested by it, to
cross-examine the officers of the General Auditing Office
(GAO) who prepared report on which report the PSC based
CONSTITUTIONAL REQUIREMENT OF NOTICE AND its decision; and
HEARING: (3) given the Meralco the opportunity, as requested by it, to
● General Rule: Administrative agencies may not present evidence in support of its answer to refute the facts
alleged in said report and controverted by Meralco, the sad
deprive nor may a statute empower them to deprive a
PSC handed down a decision.
person of his/her constitutionally protected rights of

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
proprio the decision of the said office. (Arocha vs.
The practice of the PSC is unlawful because it breaches the Vivo, 21 SCRA 532)
guarantees of due process. Considering the fact that the
reduction of rates herein sought might involve huge amounts of SUNTAY vs. PEOPLE
money and the errors alleged to have been committed (if true) 101 PHIL. 833 (1957)
would affect not only the right to the petitioner but also public
interest, it would have been a better part of valor and wisdom to Hearing would have been proper and necessary if the reason for
have delayed a little bit the final resolution of the controversy. the withdrawal or cancellation of the passport were not clear nut
doubtful. On the other hand, if the holder of a passport is facing
Notice and opportunity to be heard to persons who would be a criminal charge in our courts and left the country to evade
affected by the order or act contemplated are guaranteed by due criminal prosecution, the Secretary of Foreign Affairs, in the
process. exercise of his/her discretion to revoke a passport already
issued, cannot be held to have acted whimsically or capriciously
in withdrawing and cancelling such passport.
COMMISSIONER OF IMMIGRATION vs. FERNANDEZ
11 SCRA 184 (1964) Due process does not necessarily mean or require a hearing.
When discretion is exercised by an officer vested with it upon an
It is not the decision of the Board of Special Inquiry that the new undisrespected fact (ie. filing of a serious criminal charge against
Board reviewed motu proprio but that of the old Board of the passport holder) hearing may be dispensed with by such
Commissioners. The law does not authorize the new Board to officer as a pre-requisite to the cancellation of his/her passport;
review that of its predecessor Board, but only that of the Board lack of such hearing does not violate due process of law clause.
of Special Inquiry.

At any event, the review (if authorized) should be made in BISSCHOP vs. GALANG
accordance with the process established by law, with a view to 8 SCRA 244 (1963)
protecting the rights of individuals.
In this particular case, this would not violate the due process
clause if we take into account that the letter of
MACEDA vs. ENERGY REGULATORY BOARD appellant-commissione advising Bisschop to depart in 5 days is
199 SCRA 454 (1991) a mere formality, a preliminary step, and, therefore, far from final
because as alleged in appellant’s answer to the complaint, the
A relaxed procedure is especially true in administrative bodies, requirement to leave before the start of the deportation
such as the Energy Regulatory Board (ERB), which in matters of proceedings is only an advice to the party that unless he departs
rate or price fixing, is considered as exercising a quasi-legislative voluntarily, the State will be compelled to take steps for his
(not quasi-judicial) function. Administrative agency is not bound expulsion. Hence, a day in court is not a matter of right in
by the strict or technical rules of evidence governing court administrative proceedings.
proceedings.
In this case, we are dealing with administrative proceedings and
However, in the broader interest of justice, the board may (in any not with judicial proceedings. Therefore, right to notice and
particular matter) exempt itself from these rules and apply such hearing are not essential to due process of law in administrative
suitable procedure as shall promote the objectives of the Order. proceedings

APPLICABILITY OF RULES GOVERNING JUDICIAL

PROCEEDINGS IN WHICH NO HEARING IS REQUIRED: PROCEEDINGS:
1. Summary abatement of nuisance per se which affects - The Rules of Court may be applied suppletorily to
the immediate safety of persons and property. proceedings before an administrative body with
(Monteverde vs. Generoso, 52 Phil. 123); quasi-judicial powers only in the absence of
2. In summary proceedings of distraint and levy upon the different and valid statutory or administrative
property of a delinquent taxpayer for the collection of provisions prescribing the ground rules for the
internal revenue taxes, fees or charges or any investigation, hearing, and adjudication of cases
increment thereto. (Art. 205, NIRC); before it. (Samalio vs. CA, 454 SCRA 462)
3. In the preventive suspension of a public officer - Strict legal rules are not applicable. (Sugar
pending investigation. (Cornejo vs. Gabriel, 41 Phil. Regulatory Administration vs. Tormon, 686 SCRA
188); 854)
4. Interlocutory orders may be issued ex parte in - Due process requirements must be observed.
administrative proceedings without previous notice
and hearing. (Philippine Airlines vs. Civil Aeronautics
BAUTISTA vs. WORKMEN’S COMPENSATION COMMISSION
Board, 23 SCRA 992); or 88 SCRA 121 (1979)
5. No notice and hearing are necessary where an
administrative agency (ie. Board of Immigration The dismissal of the claim premised on claimant’s and his
Commissioners) merely passed upon the sufficiency of counsel’s repeated non-appearance’ at the aforestated hearings
the evidence presented before an office (eg. Board of cannot stand.
Special Inquiry) under it in which the petitioner was
heard and upon such examination reversed motu The Supreme Court reasoned out that the law being claimant’s

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
DUTY OF ADMINISTRATIVE BODY TO CONSIDER THE
favor, humane reasons aimed at promoting justice and general
welfare of the workingman, justify the rendition of a decision of EVIDENCE PRESENTED:
the merits. The niceties and refinements of technical rules on a. Rationale - the right to adduce evidence, without the
procedure must give way to effect substantial justice to the corresponding duty on the part of the agency to
claimant. consider it, is in vain.
b. Independent Consideration of the Case - the body or
official must act on its or his/her own consideration of
3. Rules of Evidence in Administrative Proceedings: the law and the facts of the controversy, and not simply
accept the views of a subordinate.
c. Clear as to issue involved and reasons for decisions
Rules of Evidence: - In all controversial questions, decisions in such
should be in a manner that the parties to the
(1) The agency may admit and give probative value to evidence proceeding can know the various issues involved, and
commonly accepted by reasonably prudent men in the the reasons for the decision rendered. (Ang Tibay vs.
conduct of their affairs.
CIR, 69 Phil. 635)
(2) Documentary evidence may be received in the form of
copies or excerpts, if the original is not readily available.
Upon request, the parties shall be given opportunity to DIFFERENCE BETWEEN INVESTIGATION AND
compare the copy with the original. If the original is in the HEARING:
official custody of a public officer, a certified copy thereof
INVESTIGATION: HEARING:
may be accepted.
(3) Every party shall have the right to cross-examine witnesses
presented against him and to submit rebuttal evidence. Held in private Held in public
(4) The agency may take notice of judicially cognizable facts
and of generally cognizable technical or scientific facts Informal proceedings to obtain Formal proceedings where the
within its specialized knowledge. The parties shall be information to govern future action may affect the rights of
notified and afforded an opportunity to contest the facts so actions the parties.
noticed. (Sec. 12, Book VII, Admin. Code)
Have no parties. Have parties who are entitled
to appear in person and
DELEGATION OF AUTHORITY TO HEAR AND RECEIVE participate in the proceedings.
EVIDENCE:
- While the power to decide resides solely in the
administrative agency vested by law, this does not NAT’L UNION OF PRINTING WORKERS vs. ASIA PRINTING
preclude a delegation of the power to other 99 PHIL. 589 (1956)
persons such as a hearing officer, examiner, or
Francisco Dacanay was employed as pressman in the printing
investigator, to receive evidence hold a hearing,
establishment of the Asia Printing managed by Lu Ming. He was
and make reports on the basis of which the
dismissed according to him, because of his union activities with
decision of the administrative agency will be made. the National Union of Printing Workers, of which he was a
(Realty Venture Corp. vs. Sendino, 233 SCRA 665; member. Charges were filed by Petitioner against the printing
Mollaneda vs. Umacob, 358 SCRA 537) establishment and its manager with the CIR. Judge Bautista
designated Atty. M. A. Ferrer, acting prosecutor of the Court, to
conduct an investigation. Finding a prima facie case, Ferrer filed
the corresponding complaint against the Asia Printing and its
AMERICAN TOBACCO vs. DIRECTOR OF PATENTS manager Lu Ming with the CIR and Judge Bautista held hearings
67 SCRA 287 (1975) at which both parties, complainant and Respondents adduced
its evidence.
The nature of the power and authority entrusted to the Director
of Patents suggests that the aforecited laws (RA 166) should be The investigation conducted by Atty. Ferrer was Ex Parte.
construed so as to give the aforesaid official the administrative Respondents were not given an opportunity to be present and
flexibility necessary for the prompt and expeditious discharge of take part in said investigation and present their side. Said
his duties in the administration of said laws. As such officer, he is findings that the respondents are guilty of unfair labor practice
required to determine the question of priority in patent was only prima facie, made only by the prosecutor and not the
interference proceedings, decide applications for reinstatement CIR itself. Consequently, it could not be made the basis of a
of a lapsed patent, cancellations of patents under RA 165, inter decision or award.
partes proceedings such as oppositions, claims of interference,
cancellation cases under the Trademark Law and other matters Under Sec. 5(b), RA 875, the CIR must first investigate an unfair
in connection with the enforcement of the aforesaid laws. labor practice charge filed and that said investigation may be
conducted either by the Court itself or a member thereof or any
This sub-delegation of power has been justified by sound agent like the prosecutor or commission. Hence, the
principles of organization which demand that those at the top be investigation conducted by Atty. Ferrer is valid.
able to concentrate their attention upon the larger and more
important questions of policy and practice, and their time be
freed, so far as possible, from the consideration of the smaller ad APPLICABILITY OF RULES OF EVIDENCE IN
far less important matters of detail. ADMINISTRATIVE PROCEEDINGS:
- An administrative agency is not bound by strict rules
governing the reception of evidence in court

43
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
proceedings so that mere admission of matter which - General Rule: In administrative proceedings
would be deemed incomepetent in judicial involving primarily the interests of private litigants,
proceedings would not invalidate the administrative information cannot be withheld from the parties on
determination. (Ang Tibay vs. CIR, 69 Phil. 635) the ground that it is of confidential nature and at
the same time be used as a basis for decision by
ESSENTIAL RULES OF EVIDENCE OBSERVED IN the administrative agency.
ADMINISTRATIVE PROCEEDINGS: - Exception: a right to a hearing does not include the
a) Probative Value: right to know information which must be kept
- Some evidence to support a finding or conclusion secret in the public interest. (pp.302-301, De Leon,
must be ‘substantial.’ 2013)
- The complainant has the burden of proving, by g) Quantum of proof:
substantial evidence (not proof beyond reasonable - The findings of fact of administrative agencies must
doubt) the allegations in his complaint. (Cortes vs. be respected, so long as they are supported by
Agcaoili, 294 SCRA 423) substantial evidence.
- Where 2 conflicting occasions are supported by - Substantial evidence means such relevant evidence
substantial evidence, the administrative body may as a reasonable mind might accept as adequate to
choose which to uphold and for that reason even support a conclusion even if other equally
flip-flop on its actual findings without thereby reasonable minds might conceivably opine.
committing grave abuse of discretion. (Manalo vs. (Montemayor vs. Bundalian, 405 SCRA 264)
Roldan-Confessor, 220 SCRA 606) - An administrative body may not require a degree of
b) Hearsay Rule: proof higher than substantial evidence. (Manalo vs.
- Hearsay evidence is generally held admissible in Roldan-Confessor, Supra)
proceedings before administrative agencies, at
least for a limited purposes, especially when not
SANTOS vs. NOBLE
objected. It may be used for the purpose of 2 SCRA 21 (1961)
supplementing or explaining any direct evidence.
- However, hearsay evidence is held inadmissible if Where a taxpayer questions the correctness of an assessment
the question at issue is not a matter of opinion against him and is apparently not acting in bad faith or merely
(such as valuation of property but purely a question attempting to delay payment, but is deprived of the best means
of fact which is susceptible of accurate of proving his contention because his books of account were lost
determination, such as the amount of gross by the B.I.R. agent who examined them, said taxpayer must be
given an opportunity to prove, by secondary evidence that the
receipts from retail sales). (p.301, De Leon, 2013)
assessment is incorrect.
c) Admissions and Declarations:
- Dying declarations, declarations of deceased
persons against their interest, and other ESTATE OF FLORENCIO BUAN vs. PAMPANGA BUS CO.
admissions and declarations against interest, have 99 PHIL. 373 (1956)
been held admissible in administrative
proceedings. The above-quoted findings are obviously supported by more
- Self-serving declarations are generally not than substantial evidence and therefore binding upon this Court,
admissible in administrative proceedings. which is not required to examine the proof de novo and
determine for itself whether or not the preponderance of
evidence really justifies the decision below. Moreover, such
doubt as might arise from the conflict of evidence appears to be
d) Evidence offered during hearing: dissipated by the reports of the two checkers sent out to
- All the parties in administrative proceedings must observe by the Commission. As pointed out in the decision, an
be fully or fairly appraised of the evidence examination of those reports “will show that on an average from
submitted or to be considered. 12 to 15 passengers were carried by each bus checked and in
- The decision must be rendered on the evidence many instances the number of passengers carried was between
presented at the hearing or at least contained in the two and ten.” Needless to say, the sending of the two checkers
record and disclosed to the parties affected. (Ang for purposes of observation appears to be justified, for as this
Court has already said, “where the evidence was conflicting as
Tibay vs. CIR, Supra)
to whether existing service of the holder of a certificate of
- Evidence without any rational probative value may convenience for land transportation was inadequate, so that
not be the basis of an order or decision of an another certificate should be granted to Petitioner, the Public
administrative body. (Asuncion vs. NLRC, 362 Service Commission acted with prudence in sending two of its
SCRA 141) inspectors to investigate and report on the situation.
e) Agency files and records:
- An administrative agency may take notice of data The law, in investing the Public Service Commission with the
on file or results reached by it in other cases where power of supervision and control over public transportation, has
also clothed it with broad discretion in the exercise of that power.
such is made known and there is adequate
With that discretion this Court is not supposed to interfere
opportunity for rebuttal. (pp.302-303, De Leon, except in case of clear abuse. Such has not been shown to be
2013) the case here. What appears is that the Commission, faced with
f) Secret or confidential information: the conflict of evidence on the adequacy or inadequacy of the
present service, has sought to discover the truth through an

44
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
on-the-ground inspection and observation by its own agents and recklessly conducted the investigation and prepared the police
has, on the basis of information thus obtained, arrived at the report, the police report must be given more probative weight
conclusion that the additional service applied for is uncalled for than the biased testimonies of private respondent’s witnesses.
because there is already amplitude, if not superabundance, in The ruling of the respondent Commission was, in effect, not in
the number of authorized trips. That conclusion is amply furtherance of the presumption of moral sense of responsibility of
supported by the record and is far from being the product of the presumption of moral sense of responsibility of police
partiality or unfair discrimination. And it not clearly appearing officers.
that discretion has been abused or that the Commission has
illegally used its powers, we have to respect its judgment and While as a rule, matters of credibility and weight to be assigned
not to try to replace it with our own. to a particular item of evidence are primarily for the Commission,
the same is true only where the findings of the Commission are
supported by substantial credible and competent evidence.
PHILIPPINE MOVIE PICTURES WORKERS’ ASSOC.
vs. PREMIER PRODUCTIONS, INC
SUBPOENA:
92 PHIL. 844 (1953)
- In any contested case, the agency shall have the
The required process has not been followed. The CIR merely power to require the attendance of witnesses or the
acted on the strength of the ocular inspection it conducted in the production of books, papers, documents and other
premises of Premier Production. The allegation for a petition for pertinent data, upon request of any party before or
lay-off cannot be established by a mere inspection of the place during the hearing upon showing of general
of labor specially when conducted at the request of the relevance.
interested party. - Unless otherwise provided by law, the agency may,
in case of disobedience, invoke the aid of the
Such inspection could at best witness the superficial fact of
cessation of work but it could not be determinative of the larger Regional Trial Court within whose jurisdiction the
and more fundamental issue of lack of work due to lack of funds. contested case being heard falls. The Court may
punish contumacy or refusal as contempt. (Sec. 13,
Book VII, Admin. Code)
HALILI vs. FLORO
90 PHIL. 245 (1951)
4. Decisions or Order:
Section 35 of Commonwealth Act No. 146, known as the Public
Service Act provides, among other things, that the Supreme DEFINITION OF DECISION:
Court has jurisdiction to modify or set aside an order, ruling, or
- The whole or any part of the final disposition, not of
decision of the Public Service Commission "when it clearly
appears that there was no evidence before the Commission to an interlocutory character, whether affirmative,
support reasonably such order, ruling, or decision, or that the negative, or injunctive in form, of an agency in any
same is contrary to law, or that it was without the jurisdiction of matter, including licensing, rate fixing and granting
the Commission." It is not pretended that the decision under of rights and privileges. (Sec. 2(8), Book VII, Admin.
review is contrary to law or that it was without jurisdiction of the Code)
Commission.
FORM OF THE DECISIONS OF ADMINISTRATIVE
After a review of the evidence presented in connection with the
TRIBUNALS:
arguments of the parties regarding the conclusions of fact
reached by the Commission, we find that there is ample - Every decision rendered by the agency in a
evidence to support the decision in question with very cogent contested case shall be in writing and shall state
reasons; we are not at liberty to substitute our own findings of clearly and distinctly the facts and the law on which
fact for those of the Commission reasonably supported by the it is based. (Sec. 14, Book VII, Admin. Code)
evidence even if we had some plausible ground to make the - Administrative body should render its decisions in
modification, which in the present case we do not have. such a manner that the parties to the proceeding
can know the various issues involved and the
reasons for the decision. (Pilipinas Kao, Inc. vs. CA,
UY vs. WORKMENS’ COMPENSATION COMMISSION 372 SCRA 548)
97 SCRA 255 (1980)

It is likewise clear from the records that private respondent

PERIOD TO DECIDE:
committed violations of the laws and regulations prohibiting the - The agency shall decide each case within thirty (30)
employment of aliens in nationalized industries and operating a days following its submission.
non-registered rice mill. To afford her immunity from the - The parties shall be notified of the decision
application of the Workmen’s Compensation Law by reason of personally or by registered mail addressed to their
her failure to comply with the laws would put a premium on her counsel of record, if any, or to them. (Sec. 14, Book
illegal acts. It is axiomatic that two wrongs do not make a right. VII, Admin. Code)
One unlawful act does not justify another.

It may not be amiss to state further that nothing appears in the

FINALITY OF ORDER:
record that would sufficiently overcome the presumption that - The decision of the agency shall become final and
official duty had been performed. Henceforth, there being no executory fifteen (15) days after the receipt of a
showing that the police officer in the present case maliciously or copy thereof by the party adversely affected unless

45
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
within that period an administrative appeal or
raised by a party should not be ignored or left undecided.
judicial review, if proper, has been perfected. Especially so, should it be in this case where the monetary
- A judgment becomes final and executory claims were timely raised and insisted upon at all stages of the
after the lapse of the reglementary period proceeding.
of appeal if no appeal is perfected, or an
appeal therefrom having been taken the
judgment in the appellate court becomes SERRANO vs. PUBLIC SERVICE COMMISSION
final. (p.314, De Leon, 2013) 24 SCRA 867 (1968)
- One motion for reconsideration may be filed,
which shall suspend the running of the said period. Petitioner Serrano alleged as the first error committed by the
Public Service Commission its failure to make "a statement of
(Sec. 15, Book VII, Admin. Code)
facts as to each case regarding the qualification and financial
ability of the applicant and the other factors constituting the
INDIAS vs. PHILIPPINE IRON MINES criterion used as basis in granting the application, in whole or in
101 PHIL. 297 (1957) part, on the one hand, and dismissing or denying the application
on the other.” Petitioner, in support of the above assignment of
May the CIR issue an order dismissing a case without stating the error, relies on the constitutional provision that "no decision shall
facts and the law in support thereof? - YES. The order, it is true, be rendered by any court of record without expressing therein
does not make its own discussion of the evidence or its own clearly and distinctly the facts and the law on which it is based.”
findings of fact, but such is not necessary if the court is satisfied
with the report of its examiner or referee which already contains The above constitutional mandate does not lend support to
a full discussion of the evidence and the findings of fact based petitioner's plea. Its wording is clear and definite. The obligation
thereon. The situation differs if the court disagrees with the to state clearly and distinctly the facts and the law on which the
report in which case it should state the reasons for its decision is based is incumbent on a court of record. The Public
disagreement. If it is in full accord with the report, it is Service Commission is not a court of record within the meaning
purposeless to repeat what the referee or examiner has already of the above constitutional provision. So it was held by us in
found in it. Such is the present situation. The court approved the Dagdag v. Public Service Commission, with its categorical
report of the hearing examiner "after a perusal of the record of pronouncement of the Commission not being "a judicial
the case." This presupposes that it has examined the evidence tribunal," its functions being "limited and administrative in
and found no justification for modifying his findings and nature." Reference was made in the above decision to the earlier
conclusions. This is a substantial compliance with the law. case of Filipino Bus Co. v. Philippine Railway Co., where not
once but twice it was explicitly stated that the Public Service
Commission is "not a court."
GRACILLA vs. CIR
It does not mean, however, that the non-inclusion of the
2 SCRA 242 (1968)
administrative tribunal within the scope of the above
constitutional provision justifies the summary disposition of
A procedural due process question is before us in this appeal by
petitioner's application in the manner followed by respondent
certiorari from a judgment of respondent Court of Industrial
Public Service Commission. In Ang Tibay v. Court, speaking of
Relations. Petitioner, objecting to his dismissal as security guard
the Court of Industrial Relations, which is likewise an
of respondent Fuller Paint Manufacturing Co. (Phil.), Inc. and
administrative tribunal possessed of quasi-judicial powers like
seeking reinstatement, filed a complaint dated March 12, 1963,
the Public Service Commission, we made clear that while it is
with respondent court, praying further that he be paid for his
"free from the rigidity of certain procedural requirements," it does
unpaid services for Sundays and legal holidays during the whole
not mean "that it can, in justiciable cases coming before it,
period of his employment, that he be given additional
entirely ignore or disregard the fundamental and essential
compensation for night services, and that he be credited with his
requirement of due process ... ." Seven cardinal primary rights,
earned vacation and sick leave pay as well as back wages from
which, this Court held, must be respected, are enumerated, the
the date of his illegal dismissal up to the time he is actually
last being "that quasi-judicial tribunals," and the Public Service
reinstated. He would thus hold liable jointly and severally for the
Commission is one of them, "should, in all controversial
aforesaid money claim not only respondent Fuller Paint
questions, render its decision in such a manner that the parties
Manufacturing Co. (Phil.), Inc., but likewise the Republic
to the proceeding can know the various issues involved, and the
Protection Agency, where he was connected long before his
reasons for the decisions rendered. The performance of this duty
services were availed of by the former.
is inseparable from the authority conferred upon it.” It does not
admit of doubt that when in a decision under review respondent
Petitioner was not successful, the decision of the Presiding
Public Service Commission did not even bother to refer
Judge, the Honorable Arsenio I. Martinez, of respondent court of
individually to petitioner and state why his application is either
October 5, 1964, dismissing his complaint for lack of merit. It
dismissed or denied, there was a violation of the above cardinal
added further: "For humanitarian reasons, however, complainant
primary right.
Gracilla should be afforded preferential opportunity by
respondent Republic Protective Agency, for assignment [to] any
The failure to respect such cardinal primary right of petitioner to
place other than the Fuller Paint Manufacturing Co. (Phil.), Inc.;
have his application decided in such a manner as to inform him
else, it is suggested that he be extended separation fee.”
not only of the issues involved but the reasons for the decision,
which necessarily would likewise require a finding of facts,
The above monetary claims, apparently, did not merit any
cannot receive judicial approval. The error of the Public Service
consideration at all. They were completely ignored.
Commission is thus marked and manifest.
The failure of respondent court, then, to pass upon the monetary
The gravity of such a failing is underscored not only by
claims raised by petitioner, amounted to a disregard of such a
deprivation of a right to which petition is entitled, but also by the
cardinal right embraced in due process, namely, that the issues
obstacle placed on the responsibility entrusted to us of reviewing

46
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
4. Where the powers and jurisdiction of the
decisions and orders of the Public service Commission. Only the
other month, in Philippine Rabbit Bus Lines, Inc. v. Gabatin, a administrative authorities are continuing in
study of our decisions from Philippine Shipowners' Association v. character. (p.322, De Leon, 2013)
Public Utility Commissioner, to Robles v. Blaylock, a period
covering more than 45 years, yielded the conclusion that GROUNDS FOR MODIFICATION OR RECONSIDERATION
invariably this Court accords deference to a finding of facts of OF ADMINISTRATIVE DECISIONS:
respondent Commission, unless it could be shown that evidence a. Fraud of imposition;
in support thereof is lacking. It is all the more essential then that b. Mistake;
each and every application should be considered strictly on its
c. Surprise;
merits and the relevant facts in support of an order, ruling or
decision be carefully inquired into and clearly set forth. d. Inadvertance;
Otherwise, the exercise of the power of review by this Court e. Newly-discovered evidence; or
might be condemned to futility. Necessarily then, such an f. To meet the changed conditions, whether by
arbitrary fiat as the denial or dismissal of an application without reason of express statutory provision granting the
any statement as to why under the evidence such a result is power of revision or by reason of principles applied
called for is plainly bereft of support in law. Even if, as was noted by courts. (p.322, De Leon, 2013)
in the joint decision, there was a lack of interest or failure on the
part of an applicant calling for a dismissal of his petition, such a
Res Judicata - a final judgment on the merits rendered by a
conclusion must find support in the competent evidence before
the respondent Commission and must be so indicated in the court of competent jurisdiction is conclusive as to the rights
order. of the parties and their privies and constitutes an absolute
bar to subsequent action involving the same demand, claim,
or cause of action. (Lanua vs. CA, 454 SCRA 54)
HEIRS OF PASTORAL vs. SECRETARY OF PUBLIC WORKS
162 SCRA 619 (1988) TWO CONCEPTS OF RES JUDICATA:
a) “Bar by former judgment” - requisites:
The fact-finding power of the secretary is only incidental to his i) It must be a final judgment;
duty or authority to clear all navigable streams of unauthorized ii) The court which resolved it had jurisdiction
constructions. He only passed judgment only to the extent that
over the subject matter and the parties;
they were within the bed of a river even if the encroachments
were titled properties. He declared such encroachments as
iii) It must be a judgment on the merits; and
prohibited and ordered their removal pursuant to his authority iv) There must be identity between the two
under RA 2056. He never declared that the titles over the lots cases, as to the parties, subject matter, and
were null and void. cause of action. (American Inter-Fashion vs.
Office of the President, 197 SCR 409)
Jurisprudence also recognizes such authority as the Supreme b) “Conclusiveness of judgment” - conclusiveness of
Court stated that the fact-finding power of the Secretary is only judgment bars the litigation of particular facts or
incidental to his duty to clear all navigable streams of
issues in another litigation between the same parties
unauthorized constructions and hence, its grant did not
constitute unlawful delegation of judicial power.
on a different claim or cause of action. Under this
principle, the identity of causes of action is not
required but merely identity of issues. (Calalang vs.
WHERE ADMINISTRATIVE AGENCY IS A COLLEGIATE Register of Deeds, 231 SCRA 88)
BODY:
- Powers and duties of administrative agency APPLICATION OF RES JUDICATA IN ADMINISTRATIVE
composed of members or commissioners may not be PROCEEDINGS:
exercised by individual members separately. Their 1. Res Judicata is applicable to determinations in the
acts are official only when done by the members field of administrative law whenever consistent with
convened in session (quorum). the purposes of the tribunal, board or officer. (@ Am.
- Quorum: Concurrence of at least a majority and with Jur. 2d 306);
quorum present. 2. When the administrative proceedings take on an
- In a case, where the former Immigration adversary character, the doctrine of res judicata
Commissioner appeared to have acted individually applies. (San Luis vs. CA, 174 SCRA 258);
(and not collectively as a board to discuss and vote on - Decision or order of an administrative agency,
a case before it as shown by the different dates rendered pursuant to its quasi-judicial authority
affixed to their signatures), the Supreme Court nullified which has become final and executory, has the
the decision rendered.(Arocha vs. Vivo, 21 SCRA 532) force and binding effect of a final judgment within
the purview of the doctrine of res judicata. (2 Am.
CONDITIONS FOR ADMINISTRATIVE AGENCIES TO Jur. 2d. 307-308)
MODIFY THEIR DECISIONS: - The doctrine applies only to judicial or
1. So long as no rights have vested in the meantime quasi-judicial proceedings not to the exercise of
by reason thereof; administrative process. (Lucente vs. Evangelista,
2. So long as they have not passed beyond the Jr., 396 SCRA 627)
control of the administrative authorities; - Res Judicata may not be invoked in labor relations
3. Where the determinations are not final but proceedings considering that such proceedings
interlocutory; or are “non-litigious and summary in nature without

47
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
regard to legal technicalities obtaining in courts of
law. (Sec. 5, Rule XIII, Book V, LCP-IRR) EFFECT OF APPEAL:
3. As affected by statutory provisions - some statutes - The appeal shall stay the decision appealed from
may limit or restrict the extent to which an unless otherwise provided by law, or the appellate
administrative determination may operate as Res agency directs execution pending appeal, as it may
Judicata. Where the statute plainly contemplates that deem just, considering the nature and
an independent valuation of property should be made circumstances of the case. (Sec. 21, Book VII,
each year, according to the judgment of the assessing Admin. Code)
Boards for that year, the assessments, for previous
years are only Res Judicata with respect to the taxes ACTION ON APPEAL:
assessed for those years, but not with respect to the - The appellate agency shall review the records of
value of property involved as the basis of taxes for the proceedings and may, on its own initiative or
subsequent years. (pp.325-326, De Leon, 2013) upon motion, receive additional evidence. (Sec. 22,
4. Administrative determination itself may not be capable Book VII, Admin. Code)
of being Res Judicata, a court’s judgment rendered in
its judicial capacity, with respect to such a FINALITY OF DECISION OF APPELLATE AGENCY:
determination, operates as Res Judicata in the same - In any contested case, the decision of the appellate
manner as its other judgments (p.326, De Leon, 2013) agency shall become final and executory fifteen
5. Only valid and final judgment can be Res Judicata. (15) days after the receipt by the parties of a copy
(p.326, De Leon, 2013) thereof. (Sec. 23, Book VII, Admin. Code)

PUBLICATION AND COMPILATION OF DECISIONS: HEARING OFFICERS:

(1) Every agency shall publish and make available for (1) Each agency shall have such number of qualified
public inspection all decisions or final orders in the and competent members of the base as hearing
adjudication of contested cases. officers as may be necessary for the hearing and
(2) It shall be the duty of the records officer of the adjudication of contested cases.
agency or his equivalent functionary to prepare a (2) No hearing officer shall engaged in the
register or compilation of those decisions or final performance of prosecuting functions in any
orders for use by the public. (Sec. 16, Book VII, contested case or any factually related case. (Sec.
Admin. Code) 24, Book VII, Admin. Code)

JUDICIAL REVIEW:
5. Administrative Appeals and Review:
(1) Agency decisions shall be subject to judicial review
in accordance with this chapter and applicable
APPEAL: laws.
- Unless otherwise provided by law or executive (2) Any party aggrieved or adversely affected by an
order, an appeal from a final decision of the agency agency decision may seek judicial review.
may be taken to the Department Head. (Sec. 19, (3) The action for judicial review may be brought
Book VIII, Admin. Code) against the agency, or its officers, and all
- In the field of taxation, customs duties, deportation indispensable and necessary parties as defined in
of aliens, etc., there is a hierarchy of authorities by the Rules of Court.
express provisions of statute. (4) Appeal from an agency decision shall be perfected
by filing with the agency within fifteen (15) days
PERFECTION OF ADMINISTRATIVE APPEALS: from receipt of a copy thereof a notice of appeal,
(1) Administrative appeals under this Chapter shall be and with the reviewing court a petition for review of
perfected within fifteen (15) days after receipt of a the order. Copies of the petition shall be served
copy of the decision complained of by the party upon the agency and all parties of record. The
adversely affected, by filing with the agency which petition shall contain a concise statement of the
adjudicated the case a notice of appeal, serving issues involved and the grounds relied upon for the
copies thereof upon the prevailing party and the review, and shall be accompanied with a true copy
appellate agency, and paying the required fees. of the order appealed from, together with copies of
(2) If a motion for reconsideration is denied, the such material portions of the records as are
movant shall have the right to perfect his appeal referred to therein and other supporting papers.
during the remainder of the period for appeal, The petition shall be under oath and shall how, by
reckoned from receipt of the resolution of denial. If stating the specific material dates, that it was filed
the decision is reversed on reconsideration, the within the period fixed in this chapter.
aggrieved party shall have fifteen (15) days from (5) The petition for review shall be perfected within
receipt of the resolution of reversal within which to fifteen (15) days from receipt of the final
perfect his appeal. administrative decision. One (1) motion for
(3) The agency shall, upon perfection of the appeal, reconsideration may be allowed. If the motion is
transmit the records of the case to the appellate denied, the movant shall perfect his appeal during
agency. (Sec. 20, Book VII, Admin. Code) the remaining period for appeal reckoned from

48
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
receipt of the resolution of denial. If the decision is
reversed on reconsideration, the appellant shall EXCEPTIONS:
have fifteen (15) days from receipt of the resolution (1) Implied Power of Enforcement - generally, some
to perfect his appeal. statutes invest administrative authorities with power of
(6) The review proceeding shall be filed in the court enforcement.
specified by statute or, in the absence thereof, in ● Administrative penalties such as fines, surcharges,
any court of competent jurisdiction in accordance seizures and sale or destruction of property and
with the provisions on venue of the Rules of Court.\ forfeitures in internal revenue cases are regarded as
(7) Review shall be made on the basis of the record civil and remedial (not criminal or punitive) and,
taken as a whole. The findings of fact of the agency therefore, may be imposed by administrative
when supported by substantial evidence shall be agencies.
final except when specifically provided otherwise ○ Imposition of criminal penalties for violation
by law. (Sec. 25, Book VII, Admin. Code) of law is a judicial function.
● Whatever irregularities that may attend the
TRANSMISSION OF RECORD: issuance and execution of a writ of execution
- Within fifteen (15) days from the service of the should be referred to the same administrative
petition for review, the agency shall transmit to the tribunal which rendered the decision because an
court the original or a certified copy of the entire administrative body which issued a writ of
records of the proceeding under review. The record execution has the inherent power to correct errors
to be transmitted may be abridged by agreement of of its ministerial officers and to control its own
all parties to the proceedings. The court may processes. (Deltaventures Resources, Inc. vs.
require or permit subsequent correction or Cabato,, 327 SCRA 521)
additions to the record. (Sec. 26, Book VII, Admin. ● Other inherent powers of enforcement:
Code) ○ Focusing of public opinion;
○ Revocation, suspension, refusal to renew
license;
6. Licensing Procedures:
○ Refusal to grant clearance papers to ships;
○ Withholding or denying benefits;
LICENSING PROCEDURE: ○ Imposing conditions, seizures and sale or
(1) When the grant, renewal, denial or cancellation of a destruction of property;
license is required to be preceded by notice and ○ Exclusion and deportation of aliens;
hearing, the provisions concerning contested cases ○ Suspension, revocation or cancellation of
shall apply insofar as practicable. certificate of public convenience;
(2) Except in cases of willful violation of pertinent laws, ○ Imposition and collection of penalties and
rules and regulations or when public security, surcharges (by Commissioner of Internal
health, or safety require otherwise, no license may Revenue);
be withdrawn, suspended, revoked or annulled ○ Imposition of administrative fines and
without notice and hearing. (Sec. 17, Book VII, forfeitures (by Collector of Customs);
Admin. Code) ○ Summary distraint of personal property or
levy of real proper for non-payment of
internal revenue taxes;
NON-EXPIRATION OF LICENSE: ○ Summary abatement of nuisance.
- Where the licensee has made timely and sufficient (2) Judicial Enforcement - administrative bodies’
application for the renewal of a license with decisions or orders can be enforced only by the
reference to any activity of a continuing nature, the courts.
existing license shall not expire until the application ● Statutes that provide for the judicial enforcement of
shall have been finally determined by the agency. administrative determination constitutes courts and
(Sec. 18, Book VII, Admin. Code) administrative agencies collaborative
instrumentalities of justice and not business rivals.
● When an administrative agency has procured a
F. ENFORCEMENT OF ADMINISTRATIVE
judicial order or decree of enforcement, the order of
DETERMINATIONS:
the administrative agency receives judicial
sanction, thereafter, it is the judicial order which is
GENERAL RULE: Administrative determinations are enforced.
enforceable only in the manner provided by statute.
- Where the legislature has seen fit to declare that a WEIGALL vs. SHUSTER
decision of the quasi-judicial agency is immediately 11 PHIL. 340 (1908)
final and executory pending appeal, the law expressly
so provides; otherwise, execution of decisions takes The fine to be imposed upon the plaintiff and his vessel in the
place only when they become final and executory. (In present instance was not one for administrative action because
RE: Declare in Compt of Datumanong, 497 SCRA it had to be laid and enforced in accordance with the laws of
626) Congress in which it had authorized no such action.

49
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
condition precedent to the institution, before a competent court,
CIVIL AERONAUTICS BOARD vs. PHILIPPINE AIRLINES of an ordinary action for the recovery of the sum of money it
63 SCRA 524 (1975) considers due to the claimant. But, then, no writ of execution
shall issue, except when the judgment rendered by said court —
No doubt that the fine imposed on PAL is that fine or civil penalty after due notice and hearing, as demanded by the tenets of due
contemplated and mentioned in the provisions of RA 776 and process and provided in the Rules of Court — shall have become
not a fine in the nature of criminal penalty as contemplated in the final and executory.
Revised Penal Code because of PAL’s violation of CAB Rules on
flagstops without previous authority. Section 51 of the Workmen’s Compensation Law does not
authorize the issuance of a writ of execution of a decision of the
It is an administrative penalty which administrative officers are Workmen’s Compensation Commission. It permits the rendition,
empowered to impose without criminal prosecution. by a court of justice, of a decree or judgment in accordance with
the decision of a referee of said Commission, or of a
The CAB is given full power on its own initiative to determine Commissioner thereof, which has become final and executory,
whether to /impose, remit, mitigate, increase or compromise and said decree or judgment of the court — not the decision of
fines and civil penalties,’ a power which is expressly given to the the referee or Commissioner of the Workmen’s Compensation
Civil Aeronautics Administrator whose orders or decisions may Commission — is what may be enforce by writ of execution.
be reviewed, revised, reversed, modified or affirmed by the CAB.

YAO vs. GERALDEZ Chapter 7:

106 PHIL. 545 (1959) JUDICIAL REVIEW OF ADMINISTRATIVE ACTION
The original provisions of Section 7 of Republic Act 562,
provided for the punishment of violation of its provisions,
namely, failure to exhibit his certificate of registration when
demanded by any immigration official or member of the A. CONCEPT OF JUDICIAL REVIEW:
Philippine Constabulary, police or other peace officer, with a fine
not exceeding P200 or imprisonment for not more than thirty
days, or both, that is to say, that any such violation may JUDICIAL REVIEW:
immediately be followed by prosecution by the prosecuting ● It embraces any form of judicial scrutiny of a matter
official. which arises when such action is brought in question
before a court.
However, the amendment as above-reproduced, introduces the ● When an administrative agency renders an opinion or
intervention of the Commissioner of Immigration in the sense issues a statement of policy, it merely interprets a
that he has the choice or option to either subject the erring alien pre-existing law and the administrative interpretation
to an administrative fine or indorse his prosecution before the
is considered as “advisory” because it is the courts
court. The logical conclusion is that the prosecuting official may
not initiate prosecution until and unless the Commissioner of that has final determination of what the law means
Immigration has elected and decided upon said prosecution in (Victorias Milling Co., Inc. vs. SSC, 4 SCA 627)
lieu of an administrative charge and fine.
RIGHT TO A JUDICIAL REVIEW:
● General Rule: The right to appeal to the courts is to be
determined by looking at the (1) statute; (2) the valid
regulations promulgated pursuant to it; and (3)
APELEGA vs. DIZON administrative practice. (p.344, De Leon, 2013)
25 SCRA 336 (1968) ○ Generally, if the legislation provides for an
appeal from decisions of certain administrative
Pursuant to RA 997, the authority to enforce awards was bodies to the CA, it means that such bodies are
transferred from the courts of justice to the Regional
co-equal with the RTC and logically beyond the
Administrator and to the Workmen’s Compensation Commission
(WCC)/ Hence, this Court was without authority.
control of the latter. (Presidential Anti-Dollar
Salting Task Force vs. Ca, 171 SRA 348)
The power to enforce awards under the Workmen’s ● Exceptions:
Compensation Act is expressly vested in the WCC or the duly (a) If not provided by statute - Constitution requires
deputies officials in the Regional Office of the DOLE. This grant judicial review even though a statute does not or it
of power does not contravene the Constitution. precludes judicial review. (Sabre vs. Rutland, 86 Vt.
347).
(b) Matter of constitutional necessity - Judicial
POTENTE vs. SAULOG TRANSIT, INC. review of administrative action becomes a matter of
105 PHIL. 525 (1951) constitutional necessity, in such case, a court will
provide relief of review even though there is no
The Wage Administration Service may cause an employee to
satisfy unpaid wages through mediation, arbitration, or court statute specifically providing therefor or precluding
action, and by no other means. It has no authority to render a such judicial review.
decision — in the sense in which this term is used in legal (c) Res Judicata - Rule of res judicata applies also to
parlance — on the claim for wages, except insofar as it has to judicial and quasi-judicial acts of administrative
determine whether, in its opinion, the claim is meritorious, as a officers and boards acting within their jurisdiction

50
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
as to the judgments of courts having general publication is required by law for its effectivity, or of
judicial powers. (Macailing vs. Andrada, 31 SCRA the denial of petitioner's motion for new trial or
126) reconsideration duly filed in accordance with the
(d) When declared unappealable by statute - they governing law of the court or agency a quo.
are still subject to judicial review if they failed the - Only one (1) motion for reconsideration shall be
test of arbitrariness such as want of jurisdiction, allowed. Upon proper motion and the payment of
want of substantial basis, in fact or in law, grave the full amount of the docket fee before the
abuse of discretion, violation of due process, denial expiration of the reglementary period, the Court of
of substantial justice, fraud or erroneous Appeals may grant an additional period of fifteen
interpretation of the law. (Chung Fu Industries vs. (15) days only within which to file the petition for
CA, 206 SCRA 545) review.
(e) Issue raised for the first time on appeal - Points - No further extension shall be granted except for the
of law, theories, issues and arguments not brought most compelling reason and in no case to exceed
to the attention of the lower court, administrative fifteen (15) days. (Sec. 4, Rule 43, ROC)
agency or quasi-judicial body need not be
considered by a reviewing court or they cannot be HOW APPEAL IS TAKEN:
raised for the first time at that late stage will be - Appeal shall be taken by filing a verified petition for
entertained on appeal. (Lorzano vs. Tabayag, 665 review in seven (7) legible copies with the Court of
SCRA 38) Appeals, with proof of service of a copy thereof on
the adverse party and on the court or agency a
quo. The original copy of the petition intended for
B. RULES GOVERNING APPEALS FROM JUDGMENTS
the Court of Appeals shall be indicated as such by
OF QUASI-JUDICIAL AGENCIES:
the petitioner.
- Upon the filing of the petition, the petitioner shall
pay to the clerk of court of the Court of Appeals the
NOTE: The following are rules governing appeals from awards,
judgments, final orders or resolutions of, or authorized by, any
docketing and other lawful fees and deposit the
quasi-judicial agency in the exercise of its quasi-judicial sum of P500.00 for costs. Exemption from payment
functions. (Metro Construction vs. Chatham Properties, 365 of docketing and other lawful fees and the deposit
SCRA 697) for costs may be granted by the Court of Appeals
upon a verified motion setting forth valid grounds
therefor. If the Court of Appeals denies the motion,
SCOPE OR COVERAGE OF THE RULES:
the petitioner shall pay the docketing and other
● General Rule: Among these agencies are the Civil
lawful fees and deposit for costs within fifteen (15)
Service Commission, Central Board of Assessment
days from notice of the denial. (Sec. 5, Rule 43,
Appeals, Securities and Exchange Commission, Office
ROC)
of the President, Land Registration Authority, Social
Security Commission, Civil Aeronautics Board, Bureau
CONTENTS OF THE PETITION:
of Patents, Trademarks and Technology Transfer,
(a) State the full names of the parties to the case, without
National Electrification Administration, Energy
impleading the court or agencies either as petitioners
Regulatory Board, National Telecommunications
or respondents;
Commission, Department of Agrarian Reform under
(b) Contain a concise statement of the facts and issues
Republic Act No. 6657, Government Service Insurance
involved and the grounds relied upon for the review;
System, Employees Compensation Commission,
(c) Be accompanied by a clearly legible duplicate original
Agricultural Invention Board, Insurance Commission,
or a certified true copy of the award, judgment, final
Philippine Atomic Energy Commission, Board of
order or resolution appealed from, together with
Investments, Construction Industry Arbitration
certified true copies of such material portions of the
Commission, and voluntary arbitrators authorized by
record referred to therein and other supporting
law. (Sec. 1, Rule 43, ROC)
papers; and
● Exception: This Rule shall not apply to judgments or
(d) Contain a sworn certification against forum shopping.
final orders issued under the Labor Code of the
(Sec. 6, Rule 43, ROC)
Philippines. (Sec. 2, Rule 43, ROC)
EFFECT OF FAILURE TO COMPLY WITH THE
WHERE TO APPEAL:
REQUIREMENTS:
- An appeal under this Rule may be taken to the
- The failure of the petitioner to comply with any of
Court of Appeals within the period and in the
the foregoing requirements regarding the payment
manner herein provided, whether the appeal
of the docket and other lawful fees, the deposit for
involves questions of fact, of law, or mixed
costs, proof of service of the petition, and the
questions of fact and law. (Sec. 3, Rule 43, ROC)
contents of and the documents which should
accompany the petition shall be sufficient ground
PERIOD OF APPEAL:
for the dismissal thereof. (Sec. 7, Rule 43, ROC)
- The appeal shall be taken within fifteen (15) days
from notice of the award, judgment, final order or
ACTION ON THE PETITION:
resolution, or from the date of its last publication, if

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
- The Court of Appeals may require the respondent - If the petition is given due course, the Court of
to file a comment on the petition not a motion to Appeals may set the case for oral argument or
dismiss, within ten (10) days from notice, or dismiss require the parties to submit memoranda within a
the petition if it finds the same to be patently period of fifteen (15) days from notice. The case
without merit, prosecuted manifestly for delay, or shall be deemed submitted for decision upon the
that the questions raised therein are too filing of the last pleading or memorandum required
unsubstantial to require consideration. (Sec. 8, Rule by these Rules or by the court of Appeals. (Sec. 12,
43, ROC) Rule 43, ROC)

CONTENTS OF COMMENT:
C. ADMINISTRATIVE FINDINGS AND
● Filing: The comment shall be filed within ten (10) days
CONSTRUCTIONS GENERALLY CONCLUSIVE:
from notice in seven (7) legible copies and
accompanied by clearly legible certified true copies of
such material portions of the record referred to therein ADMINISTRATIVE FINDINGS:
together with other supporting papers. (Sec. 9, Rule 43, ● General Rule: Courts accord great weight, respect and
ROC) finality to factual findings of administrative tribunal.
● Contents: The comment shall (a) point out (Qualitrans Limousine Service vs. Royal Class
insufficiencies or inaccuracies in petitioner's statement Limousine Service, 179 SCRA 569)
of facts and issues; and (b) state the reasons why the ● Exception: Courts may look into the findings of
petition should be denied or dismissed. A copy thereof administrative agencies for compelling reasons such as:
shall be served on the petitioner, and proof of such (a) Not supported by substantial evidence;
service shall be filed with the Court of Appeals. (Sec. 9, (b) Vitiated by fraud, mistake, illegality, imposition or
Rule 43, ROC) collusion;
(c) Irregular findings;
DUE COURSE: (d) Palpable errors are committed;
- If upon the filing of the comment or such other (e) Grave abuse of discretion, arbitrariness or
pleadings or documents as may be required or capriciousness is manifested;
allowed by the Court of Appeals or upon the (f) Gross misappreciation of evidence is shown; or
expiration of the period for the filing thereof, and on (g) Conflict in the factual findings as to compel a
the records the Court of Appeals finds prima facie contrary conclusion. (Pantranco North Express
that the court or agency concerned has committed vs. NLRC, 239 SCA 272)
errors of fact or law that would warrant reversal or
modification of the award, judgment, final order or ADMINISTRATIVE CONSTRUCTIONS:
resolution sought to be reviewed, it may give due - Same weight and respect is accorded on the
course to the petition; otherwise, it shall dismiss constructions given by administrative agency to the
the same. law which it is entrusted to enforce. While they are
- The findings of fact of the court or agency not binding upon the courts, they can only be set
concerned, when supported by substantial aside on proof of lack of jurisdiction, gross abuse
evidence, shall be binding on the Court of Appeals. of discretion, fraud, or error of law. (PLDT vs. NTC,
(Sec. 10, Rule 43, ROC) 190 SCRA 717)

TRANSMITTAL OF RECORD:
BOARD OF MEDICAL EDUCATION vs. ALFONSO
- Within fifteen (15) days from notice that the petition 176 SCRA 304 (1989)
has been given due course, the Court of Appeals
may require the court or agency concerned to Resort to the Courts to obtain a reversal of the determination by
transmit the original or a legible certified true copy the Secretary of Education, Culture and Sports that the College
of the entire record of the proceeding under review. is unfit to continue its operations is in this case clearly unavailing.
- The record to be transmitted may be abridged by There is, to begin with, no law authorizing an appeal from
agreement of all parties to the proceeding. decisions or orders of the Secretary of Education, Culture and
Sports to this Court or any other Court. It is not the function of
- The Court of Appeals may require or permit
this Court or any other Court to review the decisions and orders
subsequent correction of or addition to the record. of the Secretary on the issue of whether or not an educational
(Sec. 11, Rule 43, ROC) institution meets the norms and standards required for
permission to operate and to continue operating as such. On this
EFFECT OF APPEAL: question, no Court has the power or prerogative to substitute its
- The appeal shall not stay the award, judgment, final opinion for that of the Secretary. Indeed, it is obviously not
order or resolution sought to be reviewed unless expected that any Court would have the competence to do so.
the Court of Appeals shall direct otherwise upon
The only authority reposed in the Courts in the matter is the
such terms as it may deem just. (Sec. 12, Rule 43,
determination of whether or not the Secretary of Education,
ROC) Culture and Sports has acted within the scope of powers
granted him by law and the Constitution. As long as it appears
SUBMISSION FOR DECISION: that he has done so, any decision rendered by him should not
and will not be subject to review and reversal by any court.

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- Appeal to the courts will not lie from an
Given these facts, and it being a matter of law that the Secretary interlocutory order unless such order affects the
of Education, Culture and Sports exercises the power to enjoin merits.
compliance with the requirements laid down for medical schools - An order is not final but interlocutory when the
and to mete out sanctions where he finds that violations thereof substantial rights of the parties involved in the
have been committed, it was a grave abuse of discretion for the action remain undetermined and when the cause is
respondent judge to issue the questioned injunction and thereby retained for further action.
thwart official action, in the premises correctly taken, allowing - Examples of Interlocutory Orders:
the College to operate without the requisite government permit.
(a) Orders directing an investigation and inquiry,
A single ocular inspection, done after the College had been
pre-warned thereof, did not, in the circumstances, warrant only appointing a conservator or conciliator,
the findings of more qualified inspectors about the true state of providing for a hearing and requiring
the College, its faculty, facilities, operations, etc. The, members corporations under investigation to appear
of the evaluating team came from the different sectors in the and present certain data;
fields of education and medicine, and their judgment in this (b) Denial of a motion to change place of hearing;
particular area is certainly better than that of the respondent (c) Denial of application for a stay;
Judge whose sole and only visit to the school could hardly have (d) Approval or disapproval of a compromise
given him much more to go on than a brief look at the physical
agreement;
plant and facilities and into the conduct of the classes and other
school activities. Respondent Judge gravely abused his (e) Denial of application for rehearing; and
discretion in substituting his judgment for theirs. It is well-settled (f) Order of an administrative appellate tribunal
doctrine that courts of justice should not generally interfere with reversing and remanding a case to the
purely administrative and discretionary functions; that courts hearing officer to take further testimony.
have no supervisory power over the proceedings and actions of (Rudecon Management vs. Singson, 454 SCR
the administrative departments of the government; involving the 612)
exercise of judgment and findings of facts, because by reason of
their special knowledge and expertise over matters falling under
EXCEPTIONS TO DOCTRINE OF FINALITY:
their jurisdiction, the latter are in a better position to pass
judgment on such matters and their findings of facts in that a. Interlocutory order affecting the merits of a controversy
regard are generally accorded respect, if not finality, by the b. Grant of relief to preserve the status quo pending
courts. There are, to be sure, exceptions to this general rule but further action by the administrative agency;
none of them obtains in this case. c. When it is essential to the protection of the rights
asserted from the injury threatened;
d. Where an administrative officer assumes to act in
D. FINALITY OF ADMINISTRATIVE ACTION violation of the Constitution and other laws;
FOR PURPOSES OF REVIEW: e. Where such order is not reviewable in any other way
and the complainant will suffer great and obvious
damage if the order is carried out;
BASIC POLICY:
f. An order made in excess of power; and
- Courts will not interfere with the action of an
g. Express in statutory provisions. (p.372, De Leon, 2013)
administrative agency before its completion or
finality because the power of the administrative
agency is not fully and finally exercised. E. TIMING OF APPLICATION TO COURTS
- It is only after judicial review where it is no longer (WHEN TO GO TO COURTS):
premature for the court to ascertain (in proper
cases) whether the administrative action or findings
are not in violation of law, or are free from fraud or 1. Doctrine of Primary Jurisdiction:
imposition or find substantial support from the
evidence. (Matienzo vs. Abellara, 162 SCRA 7)
CONCEPT OF DOCTRINE OF PRIMARY JURISDICTION:
- Petitioners cannot appeal to the Supreme
- Doctrine of prior resort or exclusive administrative
Court the decision of only 1 commissioner
jurisdiction
without seeking remedy from the
- It refers to cases revolving specialized disputes
Commission En Banc as required by the
which are referred to an administrative agency of
Workmens’ Compensation Act. (Madrigal
special competence to resolve the same.
Shipping vs. Del Rosario, 106 Phil. 1165)
- Courts cannot and will not determine a controversy
- Court cannot review deportation
involving a question which is within the jurisdiction
proceedings without filing a petition for
of an administrative tribunal, especially where the
certiorari and prohibition. (Vivo vs.
question demands the exercise of sound
Monteza, 26 SCRA 155)
administrative discretion requiring the special
knowledge, experience and services of the tribunal
INTERLOCUTORY ORDER:
to determine technical rules matters of fact and
- Interlocutory refers to something intervening
where a uniformity of ruling is essential to comply
between the commencement and the end of a suit
with the purposes of the regulatory statute
which decides some point or matter but not a final
administered. (Brett vs. IAC, 191 SCRA 687)
decision of the whole controversy. (Rudecon
Management vs. Singson, 454 SCR 612)

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Morillo Notes
Rationale for the Doctrine: an appeal does not exhaust the remedy
a. Take full advantage of administrative expertness; where there is failure to await the
and determination thereon before seeking the aid
b. Attain uniformity of application of regulatory laws of the courts. (DAR vs. Uy, 55 SCA 376)
which can be secured only if determination of the ● Failure of a party to exhaust the procedure of
issue is left to the administrative body. administrative remedies provided by law therefor
affects his cause of action, not the jurisdiction of the
APPLICATION OF DOCTRINE OF PRIMARY court over the subject matter. Hence, such failure is a
JURISDICTION: grounds in the Rules of Court for the dismissal of a
This doctrine applies only where the administrative complaint. (Atlas Consolidated Mining vs Mendoza, 2
agency exercises its quasi-judicial or adjudicatory SCRA 1064)
functions. (Smart Communications vs. NTC, 408 ● Exhaustion must be raised at the earliest time
SCRA 678) possible, even before filing the answer to the
This doctrine is applicable whenever courts and complaint or pleading asserting a claim by a motion
administrative agencies have concurrent to dismiss. (Calub vs. CA, 331 SCRA 55)
jurisdiction. (p.378, De Leon, 2013) ○ Failure to invoke it at the proper time
operates as a waiver of the objection as a
ground for a motion to dismiss and the court
2. Doctrine of Exhaustion of Administrative Remedies:
may then proceed with the case and try it as
if the doctrine had been observed. (Carale vs.
CONCEPT OF DOCTRINE OF EXHAUSTION OF Abarintos, 269 SCRA 132)
ADMINISTRATIVE REMEDIES:
- If a remedy within an administrative agency is EXCEPTION TO THE DOCTRINE OF EXHAUSTION OF
provided by law or available against the action of ADMINISTRATIVE REMEDIES:
an administrative board, body or officer, and can 1) If the remedy is permissive, not exclusive or there is a
still be resorted to by giving the said agency every grave doubt as to the availability of the administrative
opportunity to decide correctly a given matter that remedy. (Corpus vs. Cuaderno, 4 SCRA 769);
comes within its jurisdiction, relief must be first 2) If the issue involves purely questions of law. (Pascual
sought by availing this remedy before bringing an vs. Provincial Board of Nueva Ecija, 106 Phil. 466);
action to the courts of justice for review. (pp. 3) The issue raised is the constitutionality of the statute
378-379, De Leon, 2013) under which the administrative agency acts. (Tapales
- This doctrine allows first the administrative agency vs. UP President, 7 SCRA 553);
to carry out its functions and discharge its 4) Questions involved are essentially judicial. (Bueno vs.
responsibilities within the specialized areas of its Paterno, 9 SCRA 791);
competence before it resorts to the courts. (p.379, 5) The administrative body is in estoppel. (Tan vs.
De Leon, 2013) Veterans Backpay Commission, 105 Phil. 377);
6) An irreparable damage or injury will be suffered by a
Rationale for the Doctrine: party. (De Laea, Jr. vs. Cloribel, 14 SCRA 269);
a) Determines at what stage a person may secure review 7) No other plain, speedy or adequate remedy in the
of administrative action; ordinary course of law. (Cuevas vs. Pineda, 143
b) Promotes proper relationships between the courts SCRA 674);
and administrative agencies charged with particular 8) Respondent officer acted in utter disregard of due
regulatory duties; process. (National Development Co. vs. CA, 253
c) Entails lesser expenses and provides for a speedy SCRA 470);
disposition of controversies (Paat vs. CA, 266 SCRA 9) Where insistence on its observance would result in
167); and the nullification of the claim being asserted. (Gravador
d) Separation of powers which enjoins upon the judiciary vs. Manigo, 20 SRA 742);
a becoming a policy of non-interference with matters 10) There is long-continued and unreasonable delay or
primarily within the competence of the other official inaction. (Azuelo vs. Arnaldo, 108 Phil. 293);
departments. (Lopez vs. City of Manila, 303 SCRA 11) When there are special reasons or circumstances
448). demanding immediate judicial intervention. (Alzate vs.
Aldana, 105 Phil. 298);
APPLICATION OF THE DOCTRINE OF EXHAUSTION OF 12) The amount involved is relatively small so that to
ADMINISTRATIVE REMEDIES: require exhaustion would be oppressive and
● The statute makes the exhaustion of the remedies as a unreasonable. (Cipriano vs. Marcelino, 43 SCRA 291);
precondition of the right to seek the intervention of the 13) No administrative review is provided. (Pascual vs.
courts. (VCN Hodges vs. Provincial Board of Iloilo, 19 Arnaldo, 106 Phil. 466);
SCRA 28); 14) In land cases, where the land subject of litigation is
○ Example: Failure to appeal from an not part of the public domain. (Tiangco vs. Lauchang,
administrative decision to a higher 9 SCRA 125);
administrative authority or tribunal within the 15) Doctrine of Qualified Political Agency (Binamira vs.
administrative system; and even the filing of Garrucho, Jr., 188 SCRA 154);

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Morillo Notes
16) Administrative officer has not rendered any decision the functions of the administrative agency nor intrude
or made any final finding of any sort. ((Datiles vs with its domain.
Sucaldito, 186 SCRA 704); ● Decisions of administrative agencies are reviewable
17) Plaintiff in the civil action for damages has no and reversible for mistakes of law or an erroneous
administrative remedy available to him/her. (Escuerte view of the law.
vs. CA, 193 SCRA 541); ● Judicial review is applicable if the action involves
18) Strong public interest is involved. (Arrow fraud, malice, or intentional wrongdoing.
Transportation Corp. vs. Board of Transportation, 63 ● Court may require an administrative agency to
SCRA 193). comply with the law and its rules and regulations,
particularly those prescribing notice and hearing but it
may not require it to decide a controversy in a
3. Doctrine of Ripeness for Judicial Review:
particular way. (Akbayan Youth vs. Commission on
Election, 355 SCRA 318)
CONCEPT OF DOCTRINE OF RIPENESS FOR JUDICIAL
REVIEW: JUDICIAL REVIEW DOES NOT IMPORT TRIAL DE NOVO:
- Judicial machinery should be conserved for ● Judicial review of executive or administrative
problems which are real and present or imminent, decisions does not import a trial de novo but only an
and should not be squandered on problems which ascertainment of the Constitution or the laws, and are
are future, imaginary or remote. free from fraud or imposition, and whether they find
- Courts do not necessarily inquire into the validity of reasonable support in evidence. (Lovina vs. Moreno,
interpretative regulations but they may simply make 9 SCRA 857)
their own interpretations, giving such weight to ● There cannot be a trial de novo in administrative
such regulations as they seem to deserve on their cases since a review of an administrative finding is
merits. (pp.407-408, De Leon, 2013 citing Davis limited to the evidence already presented before the
1958) administrative body. (Taleon vs. Secretary of Public
Works, 20 SCRA 69)
GUIDELINES FOR THE APPLICATION OF THE
DOCTRINE OF RIPENESS FOR JUDICIAL REVIEW: Trial de novo - a review of the evidence all over again.
1. An issue is normally ripe for judicial determination
when the interest of the plaintiff are subject to or
G. METHODS OR MODES OF RELIEF OR REVIEW:
imminently threatened with substantial injury;
2. Statute may be ripe for constitutional challenge if it is
self-executing as if the mere existence of the statute MODES OF JUDICIAL RELIEF OR REVIEW:
on the books without enforcement, in fact, causes (a)Direct or collateral (or indirect):
substantial injury to plaintiff; - Damage suits against the agency or its officials;
3. Statute or regulation enforceable through criminal and
prosecution should be subject to challenge in a suit - Actions for restitution. (Philippine Racing Club vs.
for injunction or declaratory judgment brought by a Bonifacio, 109 Phil. 233)
party who is immediately confronted with the (b)Statutory method:
problem of complying or violating; - The remedy of relief or review is provided by the
4. When an owner of real property finds that an statute such as declaratory judgment.
uncertainty on his title may adversely affect the sale - When a statute governing the action of a particular
of the property, he can go to the court to remove the administrative agency does not permit the
cloud, even though no other party controverts the enforcing of an administrative decision except by
title; proceedings in a court to be instituted by the
5. When the plaintiff is substantially harmed by the prevailing party or the administrative agency itself,
vagueness of a statute, the vagueness should not be these proceedings are designed for judicial review
deemed a ground for refusing to determine whether of the agency action.
the statute is video for vagueness; - Direct review proceedings whether by way of
6. Informal administrative action may be deserving of appeal, injunction, declaratory judgment, or simply
judicial attention. by a provision for “suit,” “action,” “civil action,” or
petition to a court of original jurisdiction.
(c)Non-statutory methods:
F. SCOPE AND EXTENT OF JUDICIAL REVIEW:
- Any remedy not specifically made available by
statute relating to action of an administrative
SCOPE OR EXTENT OF JUDICIAL REVIEW: agency.
● Judicial review is limited to questions affecting - In the absence of a statutory provision for review,
constitutional power, statutory authority and the basic relief may be by means or prerogative writs such as
pre-requisites of proof. certiorari, mandamus, habeas corpus, quo
● Judicial review is limited to findings of fact and to warranto, and prohibition. (pp.414-415, De Leon,
expert judgments of an administrative agency acting 2013)
within its statutory authority. Courts must no usurp

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Morillo Notes
RELATION BETWEEN THE METHODS OR MODES: clearly what and where the mistake of law is,
● The choice of remedy is a matter of importance such question is treated as question of fact.
because one may be more more or less burdensome - Jurisdictional or constitutional facts are
than the other (2 Am. Jur. 2d 606) involved, such are subject to judicial review.
● If a statute relating to the administrative agency (d) Matters of discretion (Administrative discretion):
provides a direct method of judicial review of agency - Generally, courts have no supervising power
action and is applicable, such method of review may over the proceedings and actions of
be regarded as exclusive and to preclude the use of administrative bodies, specially ith respect to
any other or non-statutory method. acts involving the exercise of judgment or
discretion and findings of facts/ (Agura vs.
Serfino, 204 SCRA 569)
H. QUESTIONS OPEN TO REVIEW:
- The exercise of administrative discretion is a
policy decision and a matter that can best be
QUESTIONS OPEN TO REVIEW: discharged by the government agencies
● General Rule: Court cannot disturb the action of an concerned and not by the courts. (First Lepanto
administrative agency as to the findings of fact, Ceramics vs. CA, 205 SCRA 705)
regardless of whether or not they are consistent with - Issues involving technical matters deserve to
the preponderance of evidence so long as there is be disentangled from undue interference from
some evidence upon which the findings could be corts. (Concerned Officials of MWSS vs.
made. (Go Kiang Ochura vs. Commissioners of Vasquez, 240 SCRA 502)
Immigration, 22 SCRA 400)
● Exceptions:
I. GROUNDS FOR REVERSAL OF
(a) Matters of law (Questions of law):
ADMINISTRATIVE FINDINGS:
- There is a question of law when the doubt
arises as to what the law is pertaining to a
certain state of facts. The controversy concerns GENERAL RULE: Factual findings of administrative
the correct application of law or jurisprudence agencies that are affirmed by the Court of Appeals, are
to a certain set of facts. conclusive upon and not reviewable by the Supreme Court.
- It must involve no examination of the probative
value of the evidence presented by the litigants EXCEPTIONS:
or any of them, the truth or falsehood of facts 1. Conclusion is a finding grounded on speculations,
being admitted such as questions involving the surmises and conjectures;
validity or constitutionality of a rule or 2. Inferences made are manifestly mistaken, absurd, or
regulation issued by an administrative agency. impossible;
(Serna vs. CA, 308 SCRA 527) 3. Grave abuse of discretion;
- Matters involving questions of law relate to 4. Judgement is based on misapprehension of facts or
constitutional issues, jurisdiction, compliance the findings of facts are conflicting;
the law and required procedure, statutory 5. Agency (or the Court of Appeals) overlooked certain
interpretation, actions which are arbitrary, facts of substance and value which if considered
unreasonable, or an abuse of discretion, or would affect the result of the case or justify a different
tainted with fraud, bad faith, or intentional conclusion;
wrongdoing (ie. excess jurisdiction or authority) 6. Agency in arriving at its findings went beyond the
and support of findings of fact by adequate issues of the case and the same are contrary to the
evidence. admissions of the parties or the evidence presented;
(b) Matters of fact (Questions of fact): 7. Findings are conclusions without citation of specific
- There is a question of fact when the doubt evidence on which they are based;
arises as to the truth or falsity of alleged facts. 8. Findings of facts are premised on the supposed
- The test of whether a question is one of law or absence of evidence but such findings contradicted by
of fact is whether the appellate court can the evidence on record;
resolve the question raised without reversing or 9. The facts set forth n the petition and the petitioner’s
evaluating the evidence, in which case it is a main/reply briefs are not disputed by the respondent;
question of law; otherwise, it is a question of 10. The agency has sustained irregular procedures and
fact. (FAT Kee Computer System, Inc. vs. through the invocation of summary methods, including
Online Network International, Inc., 641 SCRA rules on appeal, has affirmed an order which tolerates
390) a violation of due process; and
(c) Mixed questions of facts and law: 11. The rights of a party were prejudiced because the
- An administrative finding on a mixed question administrative findings, conclusions or decisions were
of fact and law is subject to judicial review, on in violation of constitutional provisions, in excess of
which the court may substitute its judgment for statutory authority or jurisdiction, made upon irregular
that of the administrative agency. procedure, vitiated by fraud, imposition or mistake, not
- If there is a mixed question of law and fact and supported by substantial evidence adduced at the
the court cannot separate the elements to see hearing or contained in the records or disclosed to the

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
parties, or arbitrary, or capricious. (Industrial Corp. vs. 3. Where the suit is not for review of the
NLRC, 169 SCR 341) administrative order and is independent of the
proceedings on which the administrative ruling
under attack was rendered;
J. SUBSTANTIAL EVIDENCE RULE:
4. Where constitutional or jurisdictional facts are
involved; and
DEFINITION OF SUBSTANTIAL EVIDENCE: 5. Where property rights rather than privileges are
- Substantial evidence is described as such evidence involved. (Rubio vs. Mumar, Jr., 534 SCRA 597)
as will establish a substantial basis of fact from
which the fact at issue can be reasonably inferred.
K. LIABILITY OF ADMINISTRATIVE
- Where there were 2 expert witnesses as
AGENCIES AND OFFICERS:
to causal relation between disease and
exposure and testimonies of such
witnesses were diametrically opposed, the LIABILITY OF ADMINISTRATIVE AGENCIES AND
decisions of the commissioner based OFFICERS:
upon the testimony of one such witness ● General Rule: Doctrine of judicial immunity from suit
was held reasonably supported by extends to government officials in respect to their acts
substantial evidence. (Board of Firemen's of a discretionary, judicial or quasi-judicial nature.
Relief and Retirement Fund vs. Mark, 242, ○ The doctrine protects an officer from liability for a
SW. 2d 181) mistake of fact or an erroneous construction and
application of the law, or an error of judgment in
SUBSTANTIAL EVIDENCE RULE: the determination of the law or the facts,
- Administrative determinations are final and including the officer’s duties under the law.
conclusive upon the courts and must be sustained ○ The doctrine applies to the head of a department
if supported by substantial evidence upon the or agency and subordinate officers who act in his
whole record even if such evidence be not place and stead carry out the duties of the
overwhelming or preponderant and even if other department of agency. (pp.475-476, De Leon,
minds equally reasonable might conceivably opine 2013)
or conclude otherwise, in the absence of any of the
established exceptions calling for judicial review ● Exceptions:
such as proof of grave abuse of discretion, fraud, (a) When such public officer committed an
or error of law. (p.462, De Leon, 2013) erroneous action taken without hearing which
- Each party in an administrative case must prove his resulted in positive injury to a private person and
or her affirmative allegations with substantial there is no other redress than by an action
evidence - the complaint has to prove the against the officer;
affirmative allegations in his/her complaint, and the (b) Error or mistakes or when the officer acted
respondent has to prove the affirmative allegations without or in excess of his jurisdiction;
in his/her affirmative defenses and counterclaim/ (c) Dishonesty, bad faith, malice or corrupt motive
(Pleyto vs. PNP-CIDG, 538 SCRA 534) acted by the public officer. (DOH vs. Phil.
Pharmawealth, 518 SCRA 240);
TEST TO DETERMINE SUBSTANTIAL EVIDENCE: (d) The State gave its consent to be sued (Sec. 3,
- The test is: (1) whether the evidence reasonably Art. XVI, 197 Constitution)
tends to support the administrative decisions or
findings; or (2) whether the decision is not clearly
contrary to the overwhelming weight of the
evidence. (p.464, De Leon, 2013)
- Substantial is not necessarily preponderant proof
(required in ordinary civil case) but such kind of
relevant evidence which a reasonable mind might
accept as adequate to justify or support a
conclusion or decision.(Santos vs. CA, 229 SCRA
524)

INSTANCES WHEN SUBSTANTIAL EVIDENCE RULE IS

NOT APPLICABLE:
1. Where the statute provides for a trial de novo in
which the rule shall not be invoked;
2. Where the statute has specified a standard of proof
required for administrative determination (ie. the
agency is required to make a finding “by the
preponderance of evidence”);

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
b. Holding of electoral campaign;
c. Conducting of the polls;
Part 2
d. Listing of votes;
ELECTION LAW:
e. Casting and Receiving the ballots from the voters;
f. Counting the ballots;
g. Making the election returns; and
h. Proclaiming the winning candidates.
Chapter 1:
GENERAL CONCEPTS AND PRINCIPLES
Kinds of Election:
a. Regular - one provided by law for the election of
officers either nationwide or in certain
CONSTITUTIONAL BASIS OF SUFFRAGE: subdivisions thereof, after the expiration of the full
- Suffrage may be exercised by all citizens of the term of the former officers.
Philippines, not otherwise disqualified by law, who b. Special - one held to fill a vacancy before the
are at least eighteen years of age, and who shall expiration of the term for which the incumbent
have resided in the Philippines for at least one year was elected.
and in the place wherein they propose to vote, for
at least six months immediately preceding the 2. Plebiscite - the electoral process by which an
election. initiative on the Constitution is approved or rejected
- No literacy, property, or other substantive by the people. (Sec. 3(e), RA 6735)
requirement shall be imposed on the exercise of
suffrage. (Sec. 1, Article V, 1987 Constitution) 3. Initiative - the power of the people to propose
amendments to the Constitution or to propose and
DEFINITION OF SUFFRAGE: enact legislation through an election called for the
- It is the right to vote in the election of officers purpose.
chosen by the people and in the determination of
questions submitted to the people. (p.513, Three Systems of Initiative:
Nachura, Outline Reviewer in Political Law, 2014) a. Initiative on the Constitution - refers to a
petition proposing amendments to the
THEORIES ON SUFFRAGE: Constitution.
1. Natural Right Theory - suffrage is a natural and b. Initiative on Statutes - refers to a petition
inherent right of every citizen who is not disqualified proposing to enact a national legislation.
by reason of his own reprehensible conduct or c. Initiative on Local Legislation - refers to a
unfitness. petition proposing to enact a regional, provincial,
2. Social Expediency - suffrage is a public office or city, municipal, or barangay law, resolution or
function conferred upon the citizen for reasons of ordinance.
social expediency; conferred upon those who are fit
and capable of discharging it. 4. Referendum - the power of the electorate to approve
3. Tribal Theory - It is a necessary attribute of or reject a legislation through an election called for the
membership in the State. purpose.
4. Feudal Theory - It is an adjunct of a particular status,
generally tenurial in character (ie. a vested privilege Two Classes of Referendum:
usually accompanying ownership of land). a. Referendum on Statutes - refers to a petition to
5. Ethical Theory - It is a necessary and essential means approve or reject an act or law, or part thereof,
for the development of society. (p.513, Nachura, passed by Congress.
Outline Reviewer in Political Law, 2014) b. Referendum on Local Law - refers to a petition
to approve or reject a law, resolution or
ordinance enacted by regional assemblies and
NOTE: The theory prevailing in the Philippines is that suffrage
local legislative bodies.
is both a privilege and an obligation. (p.513, Nachura,
Outline Reviewer in Political Law, 2014)
5. Recall - The termination of official relationship of a
local elective official for loss of confidence prior to the
SCOPE OF SUFFRAGE: expiration of his term through the will of the electorate.
1. Election - Election is the means by which the people (Sec. 69, Local Government Code)
choose their officials for a definite and fixed period
and to whom they entrust for the time being the LIMITATION TO THE RIGHT OF SUFFRAGE:
exercise of the powers of government. (p.513, - Suffrage is subject to existing substantive and
Nachura, Outline Reviewer in Political Law, 2014) procedural requirements embodied in the
Constitution, statute, and other repositories of law.
Components of an Election: (AKBAYAN Youth vs. COMELEC, GR no. 147066,
a. Selecting candidates to public office by popular March 26, 2001)
vote;

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
JURISPRUDENCE: COMELEC review, amend and revise the IRR for the
CASE TITLE: CASE SUMMARY AND DOCTRINE: GR no. 157013. Overseas Absentee Voting Act of 2003, the
July 10, 2003 Congress went beyond the scope of its
constitutional authority. Congress trampled upon
GERONIMO vs. It is inconsistent with the constitutionally
the independence of the Comelec.
RAMOS guaranteed right to suffrage if a candidate who
GR no. L-60504. has not acquired the majority or plurality of votes
May 14, 1985 is proclaimed a winner and imposed as the TOLENTINO vs. Respect the electorate’s will and let the results of
representative of a constituency, the majority of COMELEC the election stand, despite irregularities.
which have positively declared through their GR no.148334.
ballots that they do not choose him. January 21, 2004 The Comelec should be allowed to devise means
and methods that will insure the
accomplishments of free, orderly and honest
YASON vs. The disenfranchisement of electors is not
elections.
COMELEC favored.
GR no. L-52713.
January 31, 1985 Election cases involve not only the adjudication NICOLAS-LEWIS Dual citizens may now exercise the right of
of the private interests of rival candidates but vs. COMELEC suffrage through the absentee voting scheme and
also the paramount need of dispelling the GR no. 162759, as overseas absentee voters.
uncertainty which obscures the real choice of the August 4, 2006
electorate with respect to who shall discharge the
prerogatives of the offices within their gift. FRANCISCO vs. The polling body has full adjudicatory powers to
COMELEC resolve election contests outside the jurisdiction
CENIZA vs. Allowing voters in one component city to vote for GR no. 230249, of the electoral tribunals.
COMELEC provincial officials and denying the same privilege April 24, 2018
GR no. L-52304. to the voters in another component city is a The jurisdiction of the Comelec to disqualify
JANUARY 28, 1980 matter of legislative discretion and not violative of candidates is limited to those enumerated in Sec.
the Voter’s Constitutional right of suffrage. 68 of the Omnibus Election Code.

A prior court judgment is not required before the

GARCHITORENA If the election has been conducted so irregularly
remedy under Sec. 68, OEC, can prosper.
vs. CRESCINI and fraudulently that the true result cannot be
GR no. L-14514. ascertained, the whole return must be rejected.
December 18, 1918

GARVIDA vs. A defeated candidate cannot be deemed elected Chapter 2:

SALES to the office.
GR no. 124893.
THE COMMISSION ON ELECTIONS
April 18, 1997

PARAS vs. The Sangguniang Kabataan (SK) election is not a

COMELEC regular local election for purposes of recall under
GR no. 123169. Sec. 74, LGC.
A. COMPOSITION OF THE COMELEC:
November 4, 1996
SK Officials have not attained the status of local
elective officials. COMPOSITION OF THE COMMISSION ON ELECTION
(COMELEC):
The term "regular local election" must be - There shall be a Commission on Election
confined to the regular election of elective local
officials, as distinguished from the regular composed of one Chairman and six
election of national officials. The elective national Commissioners. (Sec. 1(1), Art. IX-C, 1987
officials are the President, Vice-President, Constitution)
Senators and Congressmen.

The elective local officials are Provincial QUALIFICATIONS:

Governors, Vice-Governors of provinces, Mayors 1. General Qualifications:
and Vice-Mayors of cities and municipalities, a. Natural born citizen of the Philippines;
Members of the Sanggunians of provinces, cities
and municipalities, punong barangays and b. Must be at least 35 years old at the time of their
members of the sangguniang barangays, and the appointment;
elective regional officials of the Autonomous c. Holders of College degree; and
Region of Muslim Mindanao.
d. Must not have been a candidate/s for any
AKBAYAN-YOUTH In a representative democracy, the right of
elective position in the immediately preceding
vs. COMELEC suffrage ought to be exercised within the proper elections. (Sec. 1(1), Art. IX-C, 1987
GR no. 1470664. bounds and framework of the Constitution and Constitution)
March 26, 2001 must properly yield to pertinent laws skillfully 2. Additional qualifications:
enacted by the Legislature.
a. The Chairman and majority of the
The act of registration is an indispensable Commissioners must be a member of the
precondition to the right of suffrage. Philippine Bar who have been engaged in the
The State, in the exercise of its police power, may
practice of law for at least 10 years. (Sec. 1(1),
enact laws to safeguard and regulate the act of Art. iX-C, 1987 Constitution).
voter’s registration for the ultimate purpose of
conducting honest, orderly and peaceful APPOINTMENT TO OFFICE:
elections.
- The Chairman and the Commissioners of the
MACALINTAL vs. BY vesting itself with the powers to approve, COMELEC shall be appointed by the President with

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
the consent of the Commission of Appointments. frauds, offenses, malpractices, and nuisance
(Sec. 1(2), Art. IX-C, 1987 Constitution) candidates.
- Appointment to any vacancy shall only for the h. Recommend to the President the removal of any
unexpired term of the predecessor. (Sec. 1(2), Art. officer of employee it has deputized, or the imposition
IX-C, 1987 Constitution) of any other disciplinary action, for violation or
disregard of, or disobedience to its directive, order, or
NO TEMPORARY APPOINTMENT: decision.
- In no case shall any Member be appointed or i. Submit to the President and the Congress a
designated in a temporary or acting capacity. (Sec. comprehensive report on the conduct of each election,
1(2), 1987 Constitution) plebiscite, initiative, referendum, or recall. (Sec. 2, Art.
IX-C, 1987 Constitution)
PERIOD OF APPOINTMENT:
- The Chairman and the Commissioners shall be POWERS AND FUNCTIONS OF THE COMELEC UNDER
appointed by the President with the consent of the THE ELECTION CODE:
Commission on Appointments for a term of seven 1. Main Functions - Exclusive charge of the enforcement
years without reappointment. Of those first and administration of all laws relative to the conduct of
appointed, three Members shall hold office for elections for the purpose of ensuring free, orderly and
seven years, two Members for five years, and the honest elections. (Sec. 52, Omnibus Election Code)
last Members for three years, without 2. Secondary Functions:
reappointment. (Sec. 1(2), Art. IX-C, 1987) a. Direct and immediate supervision, control or
relieve national and local officials or employees to
perform duties relative to the conduct of election;
B. POWERS AND FUNCTIONS OF THE COMELEC:
b. Authorize the Armed Forces (AFP), NBI, Integrated
National Police (PNP) or any similar agency or
CONSTITUTIONAL MANDATED POWERS AND instrumentality of the government, except civilian
FUNCTIONS OF THE COMELEC: home defense forces, to act as deputies for the
a. Enforce and administer all laws and regulations relative purpose of insuring the holding of free, orderly and
to the conduct of and elections, plebiscite, initiative, honest elections;
referendum, and recall. c. Promulgate rules and regulations implementing the
b. Exercise exclusive original jurisdiction over all contests provisions the Election Code and other laws which
relating to the elections, returns, and qualifications of requires the COMELEC’s enforcement and
all elective regional, provincial, and city officials, and administration, as well as the requirement of
appellate jurisdiction over all contests involving payment and collection of legal fees;
elective municipal officials decided by trial courts of d. Issue summons, subpoena and subpoena duces
general jurisdiction, or involving elective barangay tecum, and take testimony in any investigation or
official decided by trial courts of limited jurisdiction. hearing before it;
c. Decide, except those involving the right to vote, all e. Punish contempts provided for in the Rules of
questions affecting elections, including determination Court in the same procedure and with the same
of the number and location of polling places, penalties provided therein. Any violation of any
appointment of election officials and inspectors, and final and executory decision, order or ruling of the
registration of voters. COMELEC shall constitute contempt thereof;
d. Deputize, with the concurrence of the President, law f. Enforce and execute its decisions, directives,
enforcement agencies and instrumentalities of the orders and instructions which shall have
Government, including the Armed Forces of the precedence over those emanating from any other
Philippines, for the exclusive purposes of ensuring authority, except SC and those issued in Habeas
free, orderly, honest, peaceful credible elections. Corpus proceedings;
e. Register, after sufficient publication, political parties, g. Prescribe the forms to be used in the election,
organizations, of coalitions which, in addition to other plebiscite or referendum;
requirements, must present their platform or program h. Procure any supplies, equipment, materials or
of government; and accredit citizens arms of the services needed for the holding of the election by
Commission on Elections. public bidding, and Negotiate or sealed bids If
f. File, upon a verified complaint, or on its own initiative, public bidding is impractical to observe;
petitions in court for inclusion or exclusion of voters; i. Use or adopt the latest technological and
investigate and, where appropriate, prosecute cases of electronic devices;
violations of elections laws, including acts or j. Carry out a continuing and systematic campaign
omissions constituting election frauds, offenses, and to educate the public and fully inform the
malpractices. electorate about election laws, procedures, and
g. Recommend to the Congress effective measures to the necessity of clean, free, orderly and honest
minimize election spending, including limitation of electoral processes;
places where propaganda materials shall be posted, k. Enlist non-partisan group or organizations;
and to prevent and penalize all forms of election

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l. Conduct hearings on controversies pending before Hence, the COMELEC En Banc may assume
it in the cities or provinces upon proper motion of jurisdiction. (Jaramilla vs. Comelec, GR no. 155717,
any party; October 23, 2003);
m. Fix other reasonable periods for certain (b) Power of the COMELEC to prosecute cases of violation
pre-election requirements in order that voters shall of election laws involves the exercise of administrative
not be deprived of their rights of suffrage and powers which may be exercised directly by the
certain groups of rights granted them in this Code. COMELEC En Banc. (Baytan vs. Comelec, GR no.
(Sec. 52, Omnibus Election Code) 153945, February 4, 2003);
(c) The rule that “all election cases, including
pre-proclamation cases, should first be held and
C. COMELEC DIVISION AND COMELEC EN BANC:
decided by the COMELEC Division” applies only when
the COMELEC exercises its adjudicatory or
quasi-judicial functions, not when it exercises purely
The Commission on Elections may sit en banc or in two
divisions, and shall promulgate its rules of procedure in order to
administrative functions. (Municipal Board of
expedite disposition of election cases, including pre- Canvasser of Glan vs. Comelec, GR no. 150946,
proclamation controversies. October 23, 2003)

All such election cases shall be heard and decided in division, COMELEC DECISIONS REVIEWABLE BY THE SUPREME
provided that motions for reconsideration of decisions shall be COURT:
decided by the Commission en banc. (Sec. 3, Art. IX-C, 1987 1) Only decisions of the COMELEC En Banc may be
Constitution)
brought to the Supreme Court on Certiorari, as a
special civil action under Rule 65 of the Rules of Court.
(Reyes vs. RTC Oriental mindoro, 244 SCRA 41);
Exercise exclusive original jurisdiction over all contests relating to
the elections, returns, and qualifications of all elective regional, 2) Only decisions of the COMELEC made in the exercise
provincial, and city officials, and of its adjudicatory or quasi-judicial power may be
brought to the Supreme Court on Certiorari. (Garces vs.
Appellate jurisdiction over all contests involving elective CA, 259 SCRA 99);
municipal officials decided by trial courts of general jurisdiction, 3) The COMELEC En Banc shall promulgate rules
or involving elective barangay officials decided by trial courts of concerning pleadings and practic before it or before
limited jurisdiction. any of its offices, but they must not diminish, increase
or modify substantive rights, and subject to Sec. 5(5),
Decisions, final orders, or rulings of the Commission on election
contests involving elective municipal and barangay offices shall Art. VIII, which provides that such special rules shall
be final, executory, and not appealable (Sec. 2(2), Art. IX-C, 1987 remain effective unless disapproved by the Supreme
Constitution) Court. (Sec. 6, Art. IX-A, and Sec. 5(5), Art. VIII, 1987
Constitution)

CASES WHICH MUST FIRST BE HEARD AND DECIDED

IN COMELEC DIVISION:
1. All election cases, including pre-proclamation contests,
originally cognizable by the COMELEC in the exercise
of its powers under Sec. 2(2), Art. IX-C of the
Constitution. (Sarmiento vs. Comelec, 212 SCRA 307);
2. Jurisdiction over petition to cancel a certificate of
candidacy rests with the COMELEC Division, not the
COMELEC En Banc. (Bautista vs. Comelec, GR no.
154796, October 23, 2003);
3. Even cases appealed from RTC or the MTC have to be
heard and decided in COMELEC Division before they
may be heard by the COMELEC En Banc. (Abad vs.
COMELEC, GR no. 128877, December 10, 1999);
4. A petition for certiorari filed with the COMELEC from a
decision of the RTC or MTC is likewise to be resolved
in the COMELEC Division before the same may be
heard in the COMELEC En Banc. (Soller vs. COMELEC,
GR no. 139853, September 5, 2000)

CASES WHICH CAN BE DECIDED IN COMELEC EN

BANC:
(a) A petition for the correction of manifest errors, such as
an error in the tabulation of results, which merely
requires a clerical correction without opening the ballot
boxes or examining the ballots demands only the
exercise of the administrative power of the COMELEC.

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes

D. JURISPRUDENCE:

CASE TITLE: CASE SUMMARY AND DOCTRINE:

ESTRELLA vs. COMELEC ● Decisions reached by the Comelec En Banc should be the majority vote of all its members and not only
GR no. 160465, May 27, 2004 those who participated and took part in the deliberation.
● The Supreme Court abandoned its ruling in Cua vs. Comelec (156 SCRA 582 (1987)), and holds that the
Comelec En Banc shall decide a case or matter brought before it by a majority vote of “all its members,”
and not majority of the members who deliberated and voted thereon.

SOLLER vs. COMELEC ● The authority to resolve petitions for certiorari involving incidental issues of election protest falls within the
GR no.139853, Sept. 5, 2000 division of the Comelec Division and not the Comelec En Banc.
● If the principal case, once decided on its merits, is cognizable on appeal by a division of the Comelec,
then, there is no reason why petitions for certiorari relating to incidents of election protest should not be
referred first to a division of the Comelec for resolution.

ABAD vs. COMELEC ● Comelec En Banc does not have requisite authority to hear and decide election cases in the first instance.
GR no. 128877, Dec. 10, 1999

BAUTISTA vs. COMELEC ● Comelec En Banc can only act if there is a Motion for Reconsideration (MR) of the decision of the
GR no. 154796, Oct. 23, 2003 Comelec Division.
● Cancellation proceedings involve the Comelec’s quasi-judicial functions which the Comelec Division
should first decide.

JARAMILLA vs. COMELEC ● If the case demands only the exercise by the Comelec of its administrative functions (such as the
GR no. 155717, Oct. 23, 2003 correction of a manifest mistake in the addition of votes or an erroneous tabulation in the statement of
votes), the Comelec En Banc can directly act on it.

MUNICIPAL BOARD OF ● It is only when the exercise of quasi-judicial powers are involved that the Comelec is mandated to decide
CANVASSER vs. COMELEC cases first in division and then, upon motion for reconsideration, to the Comelec En Banc.
GR no. 150946, Oct. 23, 2003

MENDOZA vs. COMELEC ● When a decision of a trial court is brought before the Comelec for it to exercise appellate jurisdiction, the
GR no. 191084, Mar. 25, 2010 Comelec division decides the appeal but, if there is a Motion for Reconsideration, the appeal proceeds to
the Comelec En Banc where a majority is needed for a decision.
● If what is brought before the Comelec is an original protest invoking the original jurisdiction of the
Comelec, the protest (as one whole process) is first decided by the Comelec Division, which process is
continued in the Comelec En Banc if there is a motion for reconsideration of the division ruling.

ATIENZA vs. COMELEC ● Comelec may reole an intra-party leadership dispute, in a proper case brought before it, as an incident of
GR no. 188290, Feb. 16, 2010 its power to register political parties.
● Comelec’s powers and functions under Sec. 2, Art. IX-C, 1987 Constitution, includes the ascertainment of
the identity of the political party and its legitimate offices responsible for its acts.
● Expulsion is an issue of party membership and discipline, in which the Comelec cannot intervene, given
the limited scope of its power over political parties.

LDP vs. COMELEC ● Comelec cannot grant a party official greater authority than what the party itself grants.
GR no. 161265, Feb. 24, 2004 ● The Comelec, by dividing a political party into “wings”, effectively diffused the party’s strength and
emasculated its chance of obtaining the Comelec’s nod as the dominant minority party, and by allowing
each wing to nominate different candidates, the Comelec planted the seeds of confusion among the
electorate.

FERMIN vs. COMELEC ● The lack of provision for declaring the ineligibility of candidates cannot be supplied by a mere rule.
GR no. 179695, Dec. 18, 2008

CAGAS vs. COMELEC ● The Court has no power to review (on certiorari) an interlocutory order or even a final resolution issued by
GR no. 194139, Jan. 24, 2012 a Division of the Comelec.

ABES vs. COMELEC ● The Comelec has no power to annul an election and to order the holding of a new election.
GR L-28348, Dec. 15, 1967

CAUTON vs. COMELEC ● The Comelec has the power to decide all administrative questions affecting elections, except the question
GR L-25467, Apr. 27, 1967 involving the right to vote.
● The Comelec has the power to investigate and act on the propriety or legality of the canvas of election
returns made by the Board of Canvassers. This is simply administrative and supervisory, and it is intended

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
to secure the proclamation of the winning candidate based on the true count of the votes cast.
● If the 3 copies of the election returns outside the ballot box do not constitute a reliable basis for a
canvass, the Comelec may order the opening of the ballot boxes to ascertain whether the copy inside
each ballot box, corresponding to each precinct, is also tampered like the 3 copies outside the ballot box.

LOKIN vs. COMELEC ● Certiorari (and not an election protest or quo warranto) is the proper recourse to review a Comelec
GR no. 179431, Jun. 22, 2010 Resolution approving the withdrawal of the nomination of its original nominees and substituting them with
others, even if the substitute nominees have already been proclaimed and have taken their oath of office.

MARUHOM vs. COMELEC ● In the performance of its duties, the Comelec shall adopt means and methods that will promote free,
GR no. 139357, May 5, 2000 orderly and honest elections.
● The choice of means taken by the Comelec should not be interfered with unless they are clearly illegal or
constitute grave abuse of discretion.

ROQUE vs. COMELEC ● The Comelec is an independent constitutional body with a distinct and pivotal role in our scheme of
GR no. 188456, Sept 10, 2009 government.
● The Court has steered away from interfering with the Comelec’s exercise of its power which, by law and
by the nature of its office properly pertains to it. Therefore, absent a clear showing of grave abuse of
discretion on Comelec’s part, the Court should refrain from utilizing the corrective hand of certiorari to
review, let alone nullify, the acts of that body.

GUEVARA vs. COMELEC ● The Comelec has no power nor authority to submit petitioner to contempt proceedings if its purpose is to
GR L-12596, July 31, 1958 discipline him.

KIDA vs. SENATE ● Comelec has no power to call for the holding of special elections unless pursuant to a specific statutory
GR no. 196271, Oct. 18, 2011 grant.

DE LEON vs. IMPERIAL ● The powers of the Comelec are defined in the Constitution and powers not expressly or impliedly granted
GR no. L-5758, Mar. 30, 1954 to it are deemed withheld.
● Any alteration or amendment in the statements of election, or any contradiction or discrepancy appearing
therein, cannot be made without the intervention of a competent court once the announcement of the
result of the election, or the proclamation of the winners had been made.

JAVIER vs. COMELEC ● The Comelec can order new canvass even after proclamation where its orders have been violated.
GR no. 22248, Jan. 30, 1965 ● Defiance of lawful order of Comelec is valid cause for removal of members of Board of Canvassers.

SALCEDO vs. COMELEC ● If the Comelec has the power to annul a proclamation (if one had been made), there is no cogent reason
GR L-16835, July 26, 1960 why it would have no jurisdiction to entertain a petition of the affected party for the purpose of determining
whether there are grounds for suspending the making of such proclamation.

GOH vs. BAYRON ● The 1987 Constitution guaranteed Comelec’s fiscal autonomy and also granted its head (as authorized by
GR no. 212584, Nov. 25, 2014 law) to augment items in its appropriations from its savings.

PADPAO-REGION 7 vs. ● The power of the Comelec to promulgate rules and regulations to enforce and implement elections laws is
COMELEC enshrined in the Constitution.
GR no. 223505, Oct. 3, 2017

and sanctity of the ballot as well as a system for absentee voting

by qualified Filipinos abroad.
Chapter 3:
The Congress shall also design a procedure for the disabled and
QUALIFICATION AND REGISTRATION OF VOTERS
the illiterates to vote without the assistance of other persons.
Until then, they shall be allowed to vote under existing laws and
such rules as the Commission on Elections may promulgate to
protect the secrecy of the ballot. (Sec. 2, Art. V, 1987
Suffrage may be exercised by all citizens of the Philippines, not Constitution)
otherwise disqualified by law, who are at least eighteen years of
age, and who shall have resided in the Philippines for at least
one year and in the place wherein they propose to vote, for at
A. QUALIFICATION AND DISQUALIFICATION
least six months immediately preceding the election. No literacy,
property, or other substantive requirement shall be imposed on
OF VOTERS:
the exercise of suffrage (Sec. 1, Art. V, 1987 Constitution)
QUALIFICATIONS OF A VOTER:
1. A Filipino citizen, not disqualified by law;
The Congress shall provide a system for securing the secrecy 2. 18 years of age or older;

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
3. Have resided in the Philippines for 1 year and in the competent authority subsequently certifies that such
city or municipality where he proposes to vote for person is no longer instance or incompetent. (Sec. 4,
at least 6 months immediately preceding the RA 10590)
election. (Sec. 117, Election Code; Sec. 1, Art. V,
1987 Constitution)
GO vs. RAMOS
GR no. 167569, September 4, 2009
NOT LOST OF ORIGINAL RESIDENCE:
- Any person who transfers residence to another city, FACTS: Luis Ramos filed a petition to deport Jimmy Go before
municipality or country solely by reason of his the Bureau of immigration for being an illegal and undesirable
occupation; profession; employment in private or alien. Luis presented the latter’s birth certificate which indicated
public service; educational activities; work in Jimmy’s citizenship as Chinese, that his parents’ (Carlo and
military or naval reservations; service in the army, Rosario Go) citizenship were tempered because only Carlos’s
citizenship was handwritten while the rest of the entries therein
navy or air force; the constabulary or national police
are typewritten.
force; or confinement or detention in government
institutions in accordance with law, shall be On the other hand, Jimmy Go alleged that he is a Filipino citizen.
deemed not to have lost his original residence. That his father, Carlos, who was the son of a Chinese father and
(Sec. 117, last par., Election Code) Filipino Mother, elected Philippine citizenship in accordance with
Sec. IV, 1935 Constitution and CA 625, as evidenced by his oath
DISQUALIFICATIONS FOR VOTING: of allegiance.
(a) Any person who has been sentenced by final
ISSUE: W/N the election of Philippine citizenship conferred on
judgment to suffer imprisonment for not less than
Carlos Go, Sr. Filipino citizenship
one year, such disability not having been removed by
plenary pardon or granted amnesty: Provided, RULING: NO, Sec. 1, CA 625, legitimate children born of Filipino
however, That any person disqualified to vote under mothers may elect Philippine citizenship by expressing such
this paragraph shall automatically reacquire the right intention ‘in a statement to be signed and sworn to by the party
to vote upon expiration of five years after service of concerned before any officer authorized to administer oaths, and
sentence. shall be filed with the nearest civil registry. The said party shall
(b) Any person who has been adjudged by final accompany the aforesaid statement with the oath of allegiance
to the Constitution and the Government of the Philippines.’
judgment by competent court or tribunal of having
committed any crime involving disloyalty to the duly It should be noted that the 1935 Constitution and CA 625 did not
constituted government such as rebellion, sedition, prescribe a time period when the election of Philippine
violation of the anti-subversion and firearms laws, or citizenship shall be made. During those period, the age of
any crime against national security, unless restored majority starts at 21 yrs. old. In the opinions of the then
to his full civil and political rights in accordance with Secretary of Justice on cases involving the validity of election of
law: Provided, That he shall regain his right to vote Philippine citizenship, this dilemma was resolved by basing the
automatically upon expiration of five years after time period on the decisions of this Court prior to the effectivity
of the 1935 Constitution. In these decisions, the proper period
service of sentence.
for electing Philippine citizenship was, in turn, based on the
(c) Insane or incompetent persons as declared by pronouncements of the Department of State of the United States
competent authority. (Sec. 118, Election Code) Government to the effect that the election should be made within
a "reasonable time" after attaining the age of majority. The
DISQUALIFICATIONS UNDER THE OVERSEAS VOTING phrase "reasonable time" has been interpreted to mean that the
ACT: election should be made within three (3) years from reaching the
a) Those who have lost their Filipino citizenship in age of majority.
accordance with Philippine laws;
It is true that we said that the 3-year period for electing
b) Those who have expressly renounced their Philippine
Philippine citizenship may be extended as when the person has
citizenship and who have pledged allegiance to a always regarded himself as a Filipino. Be that as it may, it is our
foreign country, except those who have re-acquired considered view that not a single circumstance was sufficiently
or retained their Philippine citizenship under R 9225 shown meriting the extension of the 3-year period. The fact that
(Citizenship Retention and Reacquisition Act); Carlos exercised his right of suffrage in 1952 and 1955 does not
c) Those who have committed and are convicted in a demonstrate such belief, considering that the acts were done
final judgment by a Philippine Court or tribunal of an after he elected Philippine citizenship. On the other hand, the
offense punishable by imprisonment of not less than mere fact that he was able to vote does not validate his irregular
election of Philippine citizenship. At most, his registration as a
1 year, such disability not having been removed by
voter indicates his desire to exercise a right appertaining
plenary pardon or amnesty. Provided, however, That exclusively to Filipino citizens but does not alter his real
any person disqualified to vote under this subsection citizenship, which, in this jurisdiction, is determined by blood (jus
shall automatically acquire the right to vote upon the sanguinis). The exercise of the rights and privileges granted only
expiration of 5 years after service of sentence; and to Filipinos is not conclusive proof of citizenship, because a
d) Any citizen of the Philippines abroad previously person may misrepresent himself to be a Filipino and thus enjoy
declared instance or incompetent by competent the rights and privileges of citizens of this country.
authority in the Philippines f abroad, as verified by
It is incumbent upon one who claims Philippine citizenship to
the Philippine embassies, consulates or foreign
prove to the satisfaction of the court that he is really a Filipino.
service establishments concerned, unless such

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
No presumption can be indulged in favor of the claimant of abandonment of Philippine domicile shall remain.
Philippine citizenship, and any doubt regarding citizenship must
be resolved in favor of the state.
MAQUERA vs. BORRA
GR no. L-24761, September 7, 1965
JALOSJOS vs. COMELEC
GR no. 191970, April 24, 2012 Supreme Court declared RA 4421 which requires all candidates
for national, provincial, city and municipal offices to post a surety
Local Government Code requires a candidate seeking the bond equivalent to the 1-year salary or emoluments of the
position of provincial governor to be a resident of the province position which he is a candidate, which bond shall be forfeited in
for at least 1 year before the election. For purposes of the favor of the national, provincial, city or municipal government
election laws, the requirement of residence is synonymous with concerned if the candidate fails to obtain at least 10% of the
domicile, meaning that a person must not only intend to reside in votes cast for the office which he has fled his certificate of
a particular place but must also have personal presence in such candidacy, as unconstitutional.
place coupled with conduct indicative of such intention.

There is no hard and fast rule to determine a candidate’s

TAN vs. CRISOLOGO
compliance with residency requirement since the question of
GR no. 193993, November 8, 2017
residence is a question of intention. Still, jurisprudence has laid
down the following guidelines: (a) every person has a domicile or
residence somewhere; (b) where once established, that domicile During the time Tan lost her Philippine citizenship, R.A.
remains until he acquires a new one; and (c) a person can have No. 9225 was not yet enacted and the applicable law was
but one domicile at a time. still Commonwealth Act No. 63.1âwphi1 Under this law,
both the renunciation of Philippine citizenship and the
acquisition of a new citizenship in a foreign country
MACALINTAL vs. COMELEC through naturalization are grounds to lose Philippine
GR no. 157013, July 10, 2003 citizenship:
Congress enacted the law prescribing a system of overseas
“Section 1. How citizenship may be lost. - A Filipino
absentee voting in compliance with the constitutional mandate.
Such mandate expressly requires that Congress provide a
citizen may lose his citizenship in any of the following
system of absentee voting that necessarily presupposes that the ways and/or events:
“qualified citizen of the Philippines abroad” is not physically (1) By naturalization in a foreign country;
present in the country. (2) By express renunciation of citizenship;

The provisions of Sections 5(d) and 11 are components of the xxxx

system of overseas absentee voting established by R.A. No.
9189. The qualified Filipino abroad who executed the affidavit is
Since the foregoing law was still effective when Tan
deemed to have retained his domicile in the Philippines.
became an American citizen, the loss of her Philippine
He is presumed not to have lost his domicile by his physical citizenship is but a necessary consequence. As the
absence from this country. His having become an immigrant or applicable law at that time, Tan was presumed to know
permanent resident of his host country does not necessarily the legal effects of her choice to become a naturalized
imply an abandonment of his intention to return to his domicile of U.S. citizen. The loss of Tan's Philippine citizenship is
origin, the Philippines. reinforced by the fact that she voluntarily renounced her
Philippine citizenship as a requirement to acquire U.S.
Therefore, under the law, he must be given the opportunity to
citizenship.
express that he has not actually abandoned his domicile in the
Philippines by executing the affidavit required by Sections 5(d)
and 8(c) of the law. All said, absent any legal basis for the retroactive
application of R.A. No. 9225, we agree with the CA that
x x x x Ordinarily, an absentee is not a resident and vice versa; a Tan was not a Filipino citizen at the time she registered as
person cannot be at the same time, both a resident and an a voter and her inclusion to the permanent voter's list is
absentee. However, under our election laws and the countless highly irregular.
pronouncements of the Court pertaining to elections, an
absentee remains attached to his residence in the Philippines as
residence is considered synonymous with domicile. x x x x
B. REGISTRATION OF VOTERS:
For political purposes the concepts of residence and domicile
are dictated by the peculiar criteria of political laws. As these
REGISTRATION:
concepts have evolved in our election law, what has clearly and
unequivocally emerged is the fact that residence for election - The act of accomplishing and filing of a sworn
purposes is used synonymously with domicile. x x x x application for registration by a qualified voter
before the election officer of the city or municipality
To repeat, the affidavit is required of immigrants and permanent wherein he resides and including the same in the
residents abroad because by their status in their host countries, book of registered voters upon approval by the
they are presumed to have relinquished their intent to return to Election Registration Board. (Sec. 3(a), RA 8189)
this country; thus, without the affidavit, the presumption of

65
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
YRA vs. ABANO in conflict with the mandate of continuing voter registration under
GR no. 30187, November 15, 1928 RA 8189. This Court’s primary duty is to harmonize laws rather
than consider one as repealed by the other. The presumption is
The act of registering is only one step towards voting, and it is against inconsistency or repugnance and, accordingly, against
not one of the elements that makes the citizen a qualified voter. implied repeal. For Congress is presumed to know the existing
One may be a qualified voter without exercising the right to vote. laws on the subject and not to enact inconsistent or conflicting
registering does not confer the right but it is a condition statutes.
precedent to the exercise of the right.
Both R.A. No. 6646, Section 29 and R.A. No. 8436, Section 28
Registration regulates the exercise of the right of suffrage. It is grant the COMELEC the power to fix other periods and dates for
not a qualification for such right. pre-election activities only if the same cannot be reasonably held
within the period provided by law. This grant of power, however,
is for the purpose of enabling the people to exercise the right of
IMPORTANCE OF REGISTRATION: suffrage – the common underlying policy of RA 8189, RA 6646
- In order that a qualified elector may vote in any and RA 8436.
election, plebiscite or referendum, he must be
registered in the permanent list of voters for the city In the present case, the Court finds no ground to hold that the
or municipality in which he resides. (Sec. 115, mandate of continuing voter registration cannot be reasonably
held within the period provided by RA 8189, Sec. 8 – daily during
Election Code)
office hours, except during the period starting 120 days before
- The act of registration is an indispensable the May 10, 2010 regular elections. There is thus no occasion for
precondition to the right of suffrage. the COMELEC to exercise its power to fix other dates or
(AKBAYAN-Youth vs. COMELEC, GR no. 147066, deadlines therefor.
March 26, 2011)

GENERAL REGISTRATION OF VOTERS: AKBAYAN YOUTH vs. COMELEC

- Immediately after the barangay elections in 1997, GR no. 147066, March 26, 2001
the existing certified list of voters shall cease to be
effective and perative. The State, in the exercise of its inherent police power, may then
- For purposes of the May 1998 Elections and all enact laws to safeguard and regulate the act of voter’s
registration for the ultimate purpose of conducting honest,
elections, plebiscites, referenda, initiatives and
orderly and peaceful election, to the incidental yet generally
recalls subsequent thereto, the COMELEC shall important end, that even pre-election activities could be
undertake a general registration of voters. (Sec. 7, performed by the duly constituted authorities in a realistic and
Ra 8189) orderly manner – one which is not indifferent and so far removed
from the pressing order of the day and the prevalent
SYSTEM OF CONTINUING REGISTRATION: circumstances of the times. RA 8189 prevails over RA 8436 in
● General Rule: The personal filing of application of that RA 8189’s provision is explicit as to the prohibition.
registration of voters shall be conducted daily in the
Suffice it to say that it is a pre-election act that cannot be reset.
office of the Election Officer during regular office
hours. Further, even if what is asked is a mere two-day special
● Exception: No registration shall be conducted during registration, COMELEC has shown in its pleadings that if it is
the period starting 120 days before a regular election allowed, it will substantially create a setback in the other
and 90 days before a special election. (Sec. 8, RA pre-election matters because the additional voters from the
8189) special two day registration will have to be screened, entered
into the book of voters, have to be inspected again, verified,
sealed, then entered into the computerized voter’s list; and then
PALATINO vs. COMELEC they will have to reprint the voters information sheet for the
GR no. 189868, December 15, 2009 update and distribute it – by that time, the May 14, 2001
elections would have been overshot because of the lengthy
Congress itself has determined that the period of 120 days processes after the special registration. In short, it will cost more
before a regular election and 90 days before a special election is inconvenience than good. Further still, the allegation that youth
enough time for the COMELEC to make all the necessary voters are disenfranchised is not sufficient. Nowhere in
preparations with respect to the coming elections including: (1) AKBAYANYouth’s pleading was attached any actual complaint
completion of project precincts, which is necessary for the from an individual youth voter about any inconvenience arising
proper allocation of official ballots, election returns and other from the fact that the voters registration has ended on December
election forms and paraphernalia; (2) constitution of the Board of 27, 2001.
Election Inspectors, including the determination of the precincts
to which they shall be assigned; (3) finalizing the Computerized Also, AKBAYAN-Youth et al admitted in their pleading that they
Voters List; (4) supervision of the campaign period; and (5) are asking an extension because they failed to register on time
preparation, bidding, printing and distribution of Voter’s for some reasons, which is not appealing to the court. The law
Information Sheet. Such determination of Congress is well within aids the vigilant and not those who slumber on their rights.
the ambit of its legislative power, which this Court is bound to
respect. And the COMELEC’s rule-making power should be
exercised in accordance with the prevailing law. REGISTRATION OF VOTERS:
1) The Election Officer shall inform the applicant of the
Respecting the authority of the COMELEC under RA 6646 and qualifications and disqualifications prescribed by law
RA 8436 to fix other dates for pre-election acts, the same is not for a voter;

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
2) A qualified voter shall personally accomplish an - Any voter who has changed his address in the
application form for registration before the Election same city or municipality shall immediately notify
Officer; and the Election Officer in writing. If the change of
3) The shall provide 3 specimen signatures, clear prints of address involves a change in precinct, the Board
his/her left and right thumbprints and 4 identification shall transfer his registration record to the precinct
size photographs. (Sec. 10, RA 8189) book of voters of his new precinct and notify the
voter of his new precinct All changes of address
MANDATORY BIOMETRICS VOTER REGISTRATION: shall be reported to the office of the provincial
- It is the policy of the State to establish a clean, election supervisor and the Commission in Manila.
complete, permanent and updated list of voters (Sec. 13, RA 8189)
through the adoption of biometric technology. (Sec. 2,
RA 10367) ILLITERATE OR DISABLED APPLICANTS:
- Registered voters whose biometrics have not been ● Any illiterate person may register with the assistance of
captured, and new voters shall be subject to validation the Election Officer or any member of an accredited
and mandatory biometric registration. (Sec. 3 and 10, citizen’s arms.
RA 10367) ○ The Election Officer shall place such illiterate
person under oath, ask him the questions, and
Biometrics - refers to the quantitative analysis that provides record the answers given in order to accomplish
a positive identification of an individual such as voice, the application form in the presence of the majority
photograph, fingerprint, signature, iris and.or such other of the members of the Board.
identifiable features. (Sec. 2(b), RA 10367) ○ The Election Officer or any member of an
accredited citizen’s arm shall read the
accomplished form aloud to the person assisted
KABATAAN PARTY-LIST vs. COMELEC
GR no. 221318, December 16, 2015 and ask him if the information given is true and
correct.
The right of a citizen to vote is necessarily conditioned upon ○ The accomplished form shall be subscribed by the
certain procedural requirements he must undergo, among others, applicant in the presence of the Board by means
the process of registration. of thumbmark or some other customary mark and
it shall be subscribed and attested by the majority
In light of the advances in modern technology, RA 10367 of the members of the Board.
(Biometrics Law) was signed into law. It is the policy of the State
● The attestation shall state the name of the person
to establish a clean, complete, permanent and updated list of
voters through the adoption of biometric technology. This assisted, the name of the Election Officer or the
requirement is not a “qualification” to the exercise of the right of member of the accredited citizen’s arm who assisted
suffrage, but a mere aspect of the registration procedure, of the applicant, the fact that the Election Officer placed
which the State has the right to reasonably regulate. the applicant under oath, that the Election Officer or the
member of the accredited citizen’s arm who assisted
Proceeding from the significance of registration as a necessary the applicant read the accomplished form to the person
requisite to the right to vote, the State undoubtedly, in the assisted, and that the person assisted affirmed its truth
exercise of its inherent police power, may then enact laws to
and accuracy, by placing his thumbmark or some other
safeguard and regulate the act of voter’s registration for the
ultimate purpose of conducting honest, orderly and peaceful customary mark on the application in the presence of
elections . the Board.
● The application for registration of a physically disabled
person may be prepared by any relative within the
CHANGE OF RESIDENCE TO ANOTHER CITY OR fourth civil degree of consanguinity or affinity or by the
MUNICIPALITY: Election Officer or any member of an accredited
- Any registered voter who has transferred residence citizen’s arm using the data supplied by the applicant.
to another city or municipality may apply with the The fact of illiteracy or disability shall be so indicated in
Election Officer of his new residence for the the application. (Sec. 14, R 8189)
transfer of his registration records.
- The application for transfer of registration shall be Illiterate or Disabled Person - one who cannot by himself
subject to the requirements of notice and hearing prepare an application for registration because of his
and the approval of the Election Registration physical disability and/or inability to read and write. (Sec.
Board, in accordance with this Act. Upon approval 3(e), RA 8189)
of the application for transfer, and after notice of
such approval to the Election Officer of the former ELECTION REGISTRATION BOARD (ERB):
residence of the voter, said Election Officer shall ● There shall be an ERB in each city and municipality as
transmit by registered mail the voter’s registration many as Election Registration Boards as there are
record to the Election Officer of the voter’s new election officers therein. In thickly populated
residence. (Sec. 12, RA 8189) cities/municipalities, the Commission may appoint
additional election officers for such duration as may be
CHANGE OF ADDRESS IN THE SAME CITY OR necessary.
MUNICIPALITY:

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
● Composition: The ERB shall be composed of the laws, or any crime against national security, unless
Election Officer as chairman and as members, the public restored to his full civil and political rights in
school official most senior in rank and the local civil accordance with law; Provided, That he shall regain his
registrar, or in this absence, the city or municipal right to vote automatically upon expiration of five (5)
treasurer. years after service of sentence;
● In case of disqualification of the Election Officer, the 3. Any person declared by competent authority to be
Comelec shall designate an acting Election Officer who insane or incompetent unless such disqualification has
shall serve as Chairman of the Election Registration been subsequently removed by a declaration of a
Board. In case of disqualification or non-availability of proper authority that such person is no longer insane
the Local Registrar or the Municipal Treasurer, the or incompetent;
Commission shall designate any other appointive civil 4. Any person who did not vote in the two (2) successive
service official from the same locality as substitute. preceding regular elections as shown by their voting
● No member of the ERB shall be related to each other or records. For this purpose, regular elections do not
to any incumbent city or municipal elective official within include the Sangguniang Kabataan (SK) elections;
the fourth civil degree of consanguinity or affinity. If in 5. Any person whose registration has been ordered
succeeding elections, any of the newly elected city or excluded by the Court; and
municipal officials is related to a member of the board 6. Any person who has lost his Filipino citizenship. (Sec.
within the fourth civil degree of consanguinity or affinity, 27, RA 8189)
such member is automatically disqualified to preserve
the integrity of the Election Registration Board. REACTIVATION OF REGISTRATION:
● Every registered party and such organizations as may be - Any voter whose registration has been deactivated
authorized by the Comelec shall be entitled to a watcher pursuant to the preceding Section may file with the
in every registration board. (Sec. 15, RA 8189) Election Officer a sworn application for reactivation
of his registration in the form of an affidavit stating
CHALLENGES TO RIGHT TO REGISTER: that the grounds for the deactivation no longer exist
- Any voter, candidate or representative of a any time but not later than one hundred twenty
registered political party may challenge in writing (120) days before a regular election and ninety (90)
any application for registration stating the grounds days before a special election.
therefore. (Sec.18, RA 8189) - The Election Officer shall submit said application to
- Oppositions to contest a registrar’s application for the Election Registration Board for appropriate
inclusion in the voter’s list must be filed not later action. (Sec. 28, RA 8189)
than the second Monday of the month in which the
same is scheduled to be heard or processed by the CANCELLATION OF REGISTRATION:
Election Registration Board. - The Election Registration Board shall cancel the
- Should the second Monday of the month falls registration records of those who have died as
on a non-working holiday, oppositions may certified by the Local Civil Registrar (LCR).
be filed on the next following working day. - The LCR shall submit each month a certified list of
(Sec. 28, RA 8189) persons who died during the previous month to the
Election Officer of the place where the deceased
DEACTIVATION OF REGISTRATION: are registered. (Sec. 29, RA 8189)
- It is the removal from the registration records from
the precinct books of voters and places the same, PREPARATION AND POSTING OF THE CERTIFIED LIST
properly marked and dated in indelible ink, in the OF VOTERS:
inactive file after entering the cause of deactivation. - The ERB shall prepare and post certified list of voters
(Sec. 27, RA 8189) 90 days before a regular election and 60 days before
a special election and furnish copies thereof to the
GROUNDS FOR DEACTIVATION: provincial, regional and national central files.
1. Any person who has been sentenced by final judgment - Copies of the certified list, along with a certified
to suffer imprisonment for not less than one (1) year, list of deactivated voters categorized by precinct
such disability not having been removed by plenary per barangay, within the same period shall
pardon or amnesty: Provided, however, That any likewise be posted in the office of the Election
person disqualified to vote under this paragraph shall Officer and in the bulletin board of each
automatically reacquire the right to vote upon city/municipal hall. Upon payment of the fees as
expiration of five (5) years after service of sentence as fixed by the COMELEC, the candidates and
certified by the clerks of courts of the heads of registered political parties shall also be
Municipal/Municipal Circuit/Metropolitan/Regional Trial furnished copies thereof.
Courts and the Sandiganbayan; - The ERB shall also furnish two (2) certified copies for
2. Any person who has been adjudged by final judgment said certified list of voters, along with a certified list of
by a competent court or tribunal of having deactivated voters to the Board of Election Inspectors
caused/committed any crime involving disloyalty to the for posting in the polling place and for their reference
duly constituted government such as rebellion, on election day. (Sec. 30, RA 8189)
sedition, violation of the anti-subversion and firearms

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
● Any person whose application for registration has been
C. INCLUSION AND EXCLUSION OF VOTERS:
disapproved by the Board or whose name has been
stricken out from the list may file with the court a
COMMON-RULES GOVERNING JUDICIAL petition to include his name in the permanent list of
PROCEEDINGS IN THE MATTER OF INCLUSION, voters in his precinct at any time except one hundred
EXCLUSION, AND CORRECTION OF NAMES OF five (105) days prior to a regular election or
VOTERS: seventy-five (75) days prior to a special election. It
(a) Petition for inclusion, exclusion or correction of names of shall be supported by a certificate of disapproval of his
voters shall be filed during office hours; application and proof of service of notice of his
(b) Notice of the place, date and time of the hearing of the petition upon the Board. The petition shall be decided
petition shall be served upon the members of the Board within fifteen (15) days after its filing.
and the challenged voter upon filing of the petition. ● If the decision is for the inclusion of voters in the
Service of such notice may be made by sending a copy permanent list of voters, the Board shall place the
thereof by personal delivery, by leaving it in the application for registration previously disapproved in
possession of a person of sufficient discretion in the the corresponding book of voters and indicate in the
residence of the challenged voter, or by registered mail. application for registration the date of the order of
Should the foregoing procedures not be practicable, the inclusion and the court which issued the same. (Sec.
notice shall be posted in the bulletin board of the city or 34, RA 8189)
municipal hall and in two (2) other conspicuous places
within the city or municipality; PETITION FOR EXCLUSION OF VOTERS FROM THE
(c) A petition shall refer only to one (1) precinct and implead LIST:
the Board as respondents; ● Any registered voters, representative of a political party
(d) No costs shall be assessed against any party in these or the Election Officer, may file with the court a sworn
proceedings. However, if the court should find that the petition for the exclusion of a voter from the permanent
application has been filed solely to harass the adverse list of voters giving the name, address and the precinct
party and cause him to incur expenses, it shall order the of the challenged voter at any time except one
culpable party to pay the costs and incidental expenses; hundred (100) days prior to a regular election or
(e) Any voter, candidate or political party who may be sixty-five (65) days before a special election. The
affected by the proceedings may intervene and present petition shall be accompanied by proof of notice to the
his evidence; Board and to the challenged voter and shall be
(f) The decision shall be based on the evidence presented decided within ten (10) days from its filing.
and in no case rendered upon a stipulation of facts. If ● If the decision is for the exclusion of the voter from the
the question is whether or not the voter is real or list, the Board shall, upon receipt of the final decision,
fictitious, his non-appearance on the day set for hearing remove the voter’s registration record from the
shall be prima facie evidence that the challenged voter is corresponding book of voters, enter the order of
fictitious; and exclusion therein, and thereafter place the record in the
(g) The petition shall be heard and decided within ten (10) inactive file. (Sec. 35, RA 8189)
days from the date of its filing. Cases appealed to the
Regional Trial Court shall be decided within ten (10) days VOTER EXCLUSION THROUGH INADVERTENCE OR
from receipt of the appeal. In all cases, the court shall REGISTERED WITH AN ERRONEOUS OR MISSPELLED
decide these petitions not later than fifteen (15) days NAME:
before the election and the decision shall become final ● Any registered voter whose registration record has not
and executory. (Sec. 32, RA 8189) been included in the precinct book of voters, or whose
name has been omitted in the list of voters or who has
JURISDICTION IN INCLUSION AND EXCLUSION CASE: been included therein with a wrong or mispelled name
- The Municipal and Metropolitan Trial Courts shall have may file with the Board an application for inclusion of
original and exclusive jurisdiction over all cases of his record, or reinstatement or correction of his name
inclusion and exclusion of voters in their respective as the case may be.
cities or municipalities. ● If it is denied or not acted upon, the voter may file on
- Decisions of the Municipal or Metropolitan Trial Courts any date with the proper Municipal or Metropolitan
may be appealed by the aggrieved party to the Trial Court a petition for an order directing that the
Regional Trial Court within five (5) days from receipt of voter’s name be entered or corrected in the list.
notice thereof. Otherwise, said decision shall become ● The voters shall attach to the petition a certified true
final and executory. copy of his registration record or identification card or
- The regional trial court shall decide the appeal within the entry of his name in the list of voters used in the
ten (10) days from the time it is received and the preceding election, together with proof that his
decision shall immediately become final and executory. application was denied or not acted upon by the
- No motion for reconsideration shall be entertained. Board and that he has served notice thereof to the
(Sec. 33, RA 8189) Board. (Sec. 38, RA 8189)

PETITION FOR INCLUSION OF VOTERS IN THE LIST: MERCADO vs. DYSANGCO

69
 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
- However, the annulment of the list of voters shall not
AM no. MTJ-00-1301, JULY 30, 2002
constitute a ground for a pre-proclamation contest.
The clear mandate of the law is for the municipal judge a) to (ututalum vs. Comelec, 181 SCRA 335)
decide the petition on the basis of the evidence presented, b) to
conduct a hearing thereon, and c) to render a decision within 10
days from the filing of the petition. Respondent judge,
D. LOCAL AND OVERSEAS VOTING:
unfortunately, does not know the above legal provisions.

He did not decide the petition on the basis of petitioners’ 1. Local Absentee Voting:
evidence. He could not have done so. Extant in the record is the
fact that the thirty-nine (39) petitioners failed to attend any of the
scheduled hearings. How then could they present evidence? DEFINITION OF LOCAL ABSENTEE VOTING:
- A system of voting whereby government officials
Respondent judge claimed that he personally interviewed the and employees, including members of the AFP, and
thirty-four (34) petitioners on April 25, 1997 and that this was the the PNP as well as members of the media, media
basis of his Order. We are hard put to treat such personal practitioners including their technical and support
interview as corresponding to the "hearing" required by law. A
staff (media voters) who are duly registered voters,
hearing means that a party is given the chance to adduce
evidence to support his side of the case. The minutes of the are allowed to vote for the national positions in
interview merely show that it is a superficial and mechanical places where they are not registered voters but
inquiry on each petitioner’s age, citizenship, residence and years where they are temporarily assigned to perform
of residence in Barangay Kabulihan. The petitioners were not election duties on election day. (Sec. 1(a),
required to swear under oath or to present proof of their COMELEC Resolution no. 9637)
residence. Their lawyers were not even notified. These
incidents render the bare assertions of the thirty-four (34) LOCAL ABSENTEE VOTING FOR MEMBERS OF MEDIA:
petitioners doubtful and unreliable.
- The Comelec shall extend the right to vote under
the local absentee voting system who are duly
registered voters and who, on election day, may
VELASCO vs. COMELEC
GR no. 180051, December 24, 2008
not able to vote due to the performance of their
functions in covering and reporting on the
Inclusion/exclusion proceedings essentially involve the simple elections: Provided, That they shall be allowed to
issue of whether a petitioner shall be included in or excluded vote only for the positions of President,
from the list of voters based on the qualifications required by law Vice-President, Senators and Party-List
and the facts presented to show possession of these Representatives. (Sec. 2, RA 10380)
qualifications.
WHO ARE ENTITLED TO AVAIL OF LOCAL ABSENTEE
In terms of purpose, voters' inclusion/exclusion and COC
denial/cancellation are different proceedings; one refers to the
VOTING:
application to be registered as a voter to be eligible to vote, while (a) Government officials and employees;
the other refers to the application to be a candidate. (b) Members of the PNP;
(c) Members of the AFP; and
The remedies available in the two proceedings likewise differ. (d) Members of the media, media practitioners including
Velasco's remedy from the adverse decision in his petition for their technical and support staff who are actively
inclusion as voter is as provided under Section 138 of the OEC engaged in the pursuit of information gathering and
quoted above. From the MTC, the recourse is to the RTC whose
reporting or distribution, in any manner or form,
decision is final and executory, correctible by the Court of
Appeals only by a writ of certiorari based on grave abuse of
including, but not limited to the following:
discretion amounting to lack of jurisdiction. On the other hand, (1) Print Journalists;
the approval of a certificate of candidacy or its denial is a matter (2) Television Journalists;
directly cognizable by the COMELEC, with the decision of its (3) Photo Journalists;
Division reviewable by the COMELEC en banc whose decision is (4) Online Journalists;
in turn reviewable by this Court under Rule 64 of the Rules of (5) Radio Journalists;
Court and Section 7, of Article IX-A of the 1987 Constitution. (6) Documentary makers;
(7) Television/Radio Production. (Sec. 3, COMELEC
ANNULMENT OF BOOK OF VOTERS: Resolution no. 9637)
- The Comelec shall, upon verified petition of any voter or
election officer or duly registered political party, and after CONDITIONS/REQUIREMENTS TO AVAIL:
notice and hearing, annul any book of voters that is not a) They are duly registered voters; and
prepared in accordance with the provisions of this Act or b) On election day;
was prepared through fraud, bribery, forgery, i) in case of government officials, members of
impersonation, intimidation, force or any similar the PNP and AFP, they are assigned
irregularity, or which contains data that are statistically temporarily to perform election duties in places
improbable. No order, ruling or decision annulling a book where they are not registered voters; or
of voters shall be executed within ninety (90) days before ii) in case of media voters, they will not be able to
an election. (Sec. 39, RA 8189) vote due to the performance of their functions
in covering and reporting the conduct of

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Morillo Notes
elections. (Sec. 3, COMELEC Resolution no. dissemination and facilitation of the registration
9637) process.
● "Pre-departure Orientation Seminars (PDOS), services
and mechanisms offered and administered by the
2. Overseas Voting Act:
DFA, the DOLE, the Philippine Overseas Employment
Administration (POEA), the Overseas Workers' Welfare
OVERSEAS VOTING: Administration (OWWA), the Commission on Filipinos
- The process by which qualified citizens of the Overseas and by other appropriate agencies of the
Philippines abroad exercise their right to vote. (Sec. government and private agencies providing the same
2(k), RA 10590) services shall include the salient features of this Act
and shall be utilized for purposes of supporting the
OVERSEAS VOTER: overseas registration and voting processes.
- A citizen of the Philippines who is qualified to ● "All employment contracts processed and approved
register and vote under this Act, not otherwise by the POEA shall state the right of migrant workers to
disqualified by law, who is abroad on the day of exercise their constitutional right of suffrage within the
elections. (Sec. 2(j), RA 10590) limits provided for by this Act.” (Sec. 10, RA 10590)

COVERAGE (QUALIFICATIONS: PETITION FOR EXCLUSION:

- All citizens of the Philippines abroad, who are not - If the application has been approved, any
otherwise disqualified by law, at least eighteen (18) interested party may file a petition for exclusion not
years of age on the day of elections, may vote for later than one hundred eighty (180) days before the
President, Vice-President, Senators and Party-List start of the overseas voting period with the proper
Representatives, as well as in all national referenda Municipal/Metropolitan Trial Court in the City of
and plebiscites. (Sec. 3, RA 10590) Manila or where the overseas voter resides in the
Philippines, at the option of the petitioner.
DISQUALIFICATIONS: - "The petition shall be decided on the basis of the
(a) Those who have lost their Filipino citizenship in documents submitted within fifteen (15) days from
accordance with Philippine laws; its filing, but not later than one hundred twenty
(b) Those who have expressly renounced their Philippine (120) days before the start of the overseas voting
citizenship and who have pledged allegiance to a period. Should the Court fail to render a decision
foreign country, except those who have reacquired or within the prescribed period, the ruling of the
retained their Philippine citizenship under Republic Act Resident Election Registration Board (RERB) shall
No. 9225, otherwise known as the 'Citizenship be considered affirmed. (Sec. 8.1, RA 10590)
Retention and Reacquisition Act of 2003′;
(c) Those who have committed and are convicted in a MOTION FOR RECONSIDERATION:
final judgment by a Philippine court or tribunal of an - If the application has been disapproved, the
offense punishable by imprisonment of not less than applicant or the authorized representative shall
one (1) year, such disability not having been removed have the right to file a motion for reconsideration
by plenary pardon or amnesty: Provided, however, before the RERB within a period of five (5) days
That any person disqualified to vote under this from receipt of the notice of disapproval.
subsection shall automatically acquire the right to vote - The motion shall be decided within five (5) days
upon the expiration of five (5) years after service of after its filing on the basis of documents submitted
sentence; and but not later than one hundred twenty (120) days
(d) Any citizen of the Philippines abroad previously before the start of the overseas voting period.
declared insane or incompetent by competent - The resolution of the RERB shall be immediately
authority in the Philippines or abroad, as verified by the executory, unless reversed or set aside by the
Philippine embassies, consulates or foreign service Court. (Sec. 8.2, RA 10590)
establishments concerned, unless such competent
authority subsequently certifies that such person is no PETITION FOR INCLUSION:
longer insane or incompetent. (Sec. 4, RA 10590) - Within ten (10) days from receipt of notice denying
the motion for reconsideration, the applicant may
SYSTEM OF CONTINUING REGISTRATION: file a petition for inclusion with the proper
● The Comelec shall ensure that the benefits of the Municipal/Metropolitan Trial Court in the City of
system of continuing registration are extended to Manila or where the overseas voter resides in the
qualified overseas voters. Registration shall Philippines, at the option of the petitioner.
commence not later than six (6) months after the - "The petition shall be decided on the basis of the
conduct of the last national elections. Towards this documents submitted within fifteen (15) days from
end, the Comelec shall be authorized to utilize and filing, but not later than one hundred twenty (120)
optimize the use of existing facilities, personnel and days before the start of the overseas voting period.
mechanisms of the various government agencies for Should the Court fail to render a decision within
purposes of data gathering and validation, information the, prescribed period, the RERB ruling shall be
considered affirmed.

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- "Qualified Philippine citizens abroad who have 1. Any person confined in jail, formally charged for any
previously registered as voters pursuant to crime/s and awaiting/undergoing trial;
Republic Act No. 8189, otherwise known as the 2. Any person serving a sentence of imprisonment for less
'Voter's Registration Act of 1996′, shall apply for than 1 year; or
certification as overseas voters and for inclusion in 3. Any person whose conviction of a crime involving
the NROV. In case of approval, the Election Officer disloyalty to the duty constituted government such as:
concerned shall annotate the fact of a. rebellion;
registration/certification as overseas voter before b. sedition;
the voter's name as appearing in the certified c. violation of the firearms law;
voters' list and in the voter's registration records." d. violation of any crime against national security; or
(Sec. 8.3, R 10590) e. violation of any other crime is on appeal. (Sec.
2(a), COMELEC Resolution no. 9371)
GROUNDS FOR DEACTIVATION OF REGISTRATION:
(a) Any person who has been sentenced by final judgment WHO ARE ENTITLED TO AVAIL DETAINEE VOTING:
by a Philippine court or tribunal to suffer imprisonment - By any registered detainee whose registration record is
for not less than one (1) year, such disability not having not transferred/deactivated/cancelled/deleted. (Sec. 1,
been removed by plenary pardon or amnesty: COMELEC Resolution no. 9371)
Provided, however, That any person disqualified to
vote under this paragraph shall automatically reacquire MANNER OF VOTING
the right to vote upon the expiration of five (5) years 1. The detainee voter shall accomplish the ballot, using
after service of sentence, as certified by the Clerks of the ballot secrecy folder, in accordance with the
Courts of the Municipal, Municipal Circuit, General Instructions for Voting;
Metropolitan, Regional Trial Courts or the 2. After accomplishing his ballot, the voter shall then
Sandiganbayan; approach the table where the envelope for his precinct
(b) Any person declared by competent authority to be is placed and insert the same into the said envelope;
insane or incompetent, unless such disqualification 3. The SBEI shall apply indelible ink at the base and
has been subsequently removed by a declaration of a extending to the cuticle of the right forefinger nail of the
proper authority that such person is no longer insane detainee voter, or any other nail if there be no forefinger
or incompetent; nail;
(c) Any person who did not vote in two (2) consecutive 4. The voter shall affix his thumb mark on the
national elections as shown by voting records; and corresponding space in the EDCVL-DV; and
(d) Any person whose registration has been ordered 5. The voter shall then leave the special polling place.
excluded by the courts. (Sec. 13, RA 10590) (Sec. 4, Rule 6, COMELEC Resolution no. 9371)

REACTIVATION OF REGISTRATION: RULES TO BE OBSERVED DURING THE VOTING:

- Any overseas voter whose registration has been (a) Detainee voters shall vote in the order of the arrival of
deactivated pursuant to the preceding section may the detainee ballots per voting center;
file with the RERB at any time, but not later than (b) No watcher shall enter the place reserved for the
one hundred twenty (120) days before the start of detainee voters and the SBEI, nor mingle and talk with
the overseas voting period, a sworn application for the detainee voters;
reactivation of registration stating that the grounds (c) No person carrying any firearm or any other deadly
for the deactivation no longer exist." (Sec. 16, weapon, except those expressly authorized by this
10590) Resolution or by the Commission, shall enter the
special polling place; and
CANCELLATION OF REGISTRATION: (d) There shall be no crowding of detainee voters and
- The RERB shall cancel the registration records of disorderly behavior inside the special polling place.
those who have died, as certified by either the (Sec. 7, Rule 6, COMELEC Resolution no. 9371)
posts or by the local civil registrar, and those who
have been proven to have lost their Filipino PROHIBITION ON VOTING - It shall be unlawful for a
citizenship." (Sec. 17, RA 10590) detainee voter to:
(a) Bring the ballot, ballot secrecy folder or marking pen
MANNER OF VOTING: outside the polling place;
- Voting may be done either personally, by mail or by (b) Speak with anyone other than as herein provided while
any other means as may be determined by the inside the special polling place;
Comelec. For this purpose, the Comelec shall issue (c) Prepare his ballot without using the ballot secrecy
the necessary guidelines on the manner and folder or exhibit its contents;
procedures of voting. (Sec. 23, RA 10590) (d) Accomplish his ballot accompanied by another, except
in the case of an illiterate or detainee voter with
disability/disabilities;
E. DETAINEE VOTING:
(e) Erase any printing from the ballot, or put any
distinguishing mark on the ballot;
DETAINEE:

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(f) Use carbon paper, paraffin paper or other means of a) In consultation and with the concurrence of the KK and
making a copy of the contents of the ballot, or within three (3) months from assumption to office,
otherwise make use of any scheme to identify his vote, formulate a three (3)-year rolling plan, which shall be
including the use of digital cameras, cellular phones known as the CBYDP, which shall serve as a basis in
with camera or similar gadgets; and the preparation of the ABYIP. This plan shall be aligned
(g) Intentionally tear or deface the ballot. (Sec. 8, Rule 6, with the PYDP and other LYDPs in every level,
COMELEC Resolution no. 9371) municipal, city and provincial as is relevant;
b) Approve the annual budget which is the annual slice of
the ABYIP before the start of the succeeding fiscal
F. SANGGUNIANG KABATAAN:
year. For purposes of the annual budget, the SK shall
consider the three-year CBYDP which can be sliced
DEFINITION OF YOUTH: into three ABYIPs. If the SK funds allow, a
- It refers to those persons who ages range from 15 supplemental budget shall be approved. Any changes
to 30 years old as defined in RA 8044. (Sec. 3(f), in the annual budget shall be in accordance with
RA 10742) existing applicable budget, rules and procedures;
c) Promulgate resolutions necessary to carry out the
AGE DISAGGREGATION: objectives of the youth in the barangay in accordance
a) 15-17 yrs. old → Child youth with the CBYDP and the applicable provisions of this
b) 18-24 yrs. old → Core youth IRR;
c) 25-30 yrs. old → Adult youth (Sec. 3(n), RA 10742-IRR) d) Initiate and implement, in coordination with any
national government agency and/or any private or
YOUTH ORGANIZATION: non-government institution, programs and projects
- Those organizations whose membership or designed to promote the general welfare, development
composition are the youth. (Sec. 3(g), RA 10742) and empowerment of the youth;
e) Hold fund-raising activities that are in line with the
YOUTH-SERVING ORGANIZATION CBYDP, the proceeds of which shall be tax-exempt and
- Those registered organizations whose principal shall accrue to the general fund of the SK: Provided,
programs, projects and activities are youth-related, however, that in the appropriation thereof, the specific
and whose compositions are not limited to the purpose for which such activity has been held shall be
youth. (Sec. 3(p), RA 10742-IRR) first satisfied: Provided, further, that any appropriations
- The organization shall be duly-recognized or thereof shall be in accordance with existing applicable
accredited either by proper nation or local budget, accounting and auditing rules and regulations;
government registering entities. (Sec. 3(p), RA f) Create regular or special committees, whose
10742-IRR) chairpersons and members shall come from among the
members of the SK or from among the members of the
KATIPUNAN NG KABATAAN (KK): KK as it may deem necessary to effectively carry out its
a) Composition - There shall be in every barangay a KK programs and activities, that will promote equitable
to be composed of (1) all citizens of the Philippines (2) access to quality education, environmental protection,
residing in the barangay for at least 6 months, (3) who climate change adaptation, disaster risk reduction and
are 15 but not more than 30 years of age, and (4) who resiliency, youth employment and livelihood, health
are duly registered in the list of voters of the Comelec including health services and adolescent sexual and
and/or based on the list of members of the KK under reproductive health, anti-drug abuse, gender
the Custody of the SK secretary. (Sec. 4, RA sensitivity, sports development, social protection, and
10742-IRR) capability building which emphasizes leadership
b) Powers and Function: training;
1. Elect the SK chairperson and 7 members; g) Submit the annual and end-of-term program
2. Serve as the highest policy-making body to accomplishments and financial reports to the
decide on matters affecting the youth in the sangguniang barangay and present the same during
barangay. (Sec. 5, RA 10742-IRR) the KK assembly, copy furnished the LGOO, Local
Youth Development Council (LYDC), Commission on
SANGGUNIANG KABATAAN (SK); CREATION: Audit (COA) and the Commission, in accordance with
- There shall be in every barangay an SK to be the form prescribed by the DILG and the Commission;
composed of a chairperson and 7 members who h) Partner with the LYDC in planning and executing
shall be elected by the KK, based on the Comelec projects and programs of specific advocacies including
list of registered voters. (sec. 7, R 10742-IRR) good governance, climate change adaptation, disaster
- The SK chairperson shall , with the concurrence of risk reduction and resiliency, youth employment and
the majority of all the SK members, appoint from livelihood, health including health services and
among the members of the KK, a secretary and a adolescent sexual and reproductive health, anti-drug
treasurer. Sec. 7, RA 10742-IRR) abuse, gender sensitivity, sports development,
accessible education, sustainable development, human
Powers and Functions of the SK: rights advocacy, and social protection;

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i) Conduct youth profiling, establish, maintain and update TERM OF OFFICE:
a database of youth in the barangay and ensure
POSITION: TERM:
submission to the Commission, and proper turn-over to
the next set of SK officials. For barangays within the SK Chairperson 3 years unless sooner removed for cause,
National Capital Region (NCR), youth profile and and Members permanently incapacitated, have died or
database shall be submitted directly to the resigned from office.
Commission. The templates shall be designed by the
DILG and the Commission; SK Secretary Co-terminous unless for cause, found to
j) Assist in the establishment and registration of youth and Treasurer have failed from the discharge of his/her
organizations and youth serving organizations in the duties, or has committed abuse of authority
barangay, in accordance with the guidelines of the as stipulated in existing laws pertaining to
the conduct of public officials.
Commission;
k) Adopt and implement a policy on full public disclosure
of all its transactions and documents involving public When an SK Official passed the age of 24 during his/her
interest. The rules and procedures to be followed in the Term - An SK official who, during her/his term of office, shall
implementation of the policy on full public disclosure have passed the age of 24 years shall be allowed to serve
shall be promulgated by the DILG; the remaining portion of the term for which she/he was
l) Authorize the SK Chairperson to enter into contracts on elected. (Sec. 11(c), RA 10742-IRR)
behalf of the SK, subject to the provisions of SK
Reform Act (RA 10742), this IRR, Local Government PRIVILEGES OF SK OFFICIALS (EXEMPTIONS):
Code of 1991 (RA 7160), Government Procurement (1) Be exempt from payment of tuition and
Reform Act (RA 9184) and such other pertinent laws matriculation fees while enrolled in any public tertiary
and regulations; school including state colleges and universities and
m) Comply with the bonding requirements in accordance those locally funded public educational institutions
with existing laws, rules and regulations, when within or nearest their area of jurisdiction.
necessary as in the case of the SK chairperson and the (a) Nearest their area of jurisdiction shall mean
SK treasurer; and educational institutions within the
n) Exercise such other powers and perform such other municipality/city or province where her/his
functions as may be prescribed by law or ordinance, or barangay is located or within 50km radius from
delegated by the sangguniang barangay or the her/his province.
Commission. (Sec. 8, RA 10742-IRR) (b) The National Government through the DILG shall
reimburse said college or university the amount
QUALIFICATIONS OF SK OFFICIAL: of the tuition and matriculation fees. The DILG,
a) He/She must be: Department of Budget and Management (DBM),
1. A citizen of the Philippines; Commission on Higher Education (CHED) and
2. A qualified and registered member of the KK; Philippine Association of State Universities and
3. A resident of the barangay for not less than 1 year Colleges shall formulate and disseminate the
immediately preceding the day of the elections; guidelines for implementation of this provision
4. At least 18 years but not more than 34 years of within ninety (90) days upon approval of these
age on the day of the elections; rules. A mechanism of reimbursement will also
5. Able to read and write Filipino, English, or the be included in the guidelines.
local dialect; and (c) Admission to any public tertiary school including
b) He/She must not be: state colleges and universities and those locally
i) be related within the 2nd civil degree of funded public educational institutions shall be
consanguinity or affinity to any incumbent and subject to the admission policies and
elected national official, or to any incumbent requirements of the said college or university.
elected regional, provincial, city, municipal, or (d) Participation or performance of duties in the SK
barangay official, in the locality where she/he shall not be construed as substitution for the
seeks to be elected; and requirements of the subjects in the program
ii) have been convicted by final judgment of any being completed in school;
crime involving moral turpitude. (Sec. 10(a), RA (2) Be exempt from taking the National Service Training
10742-IRR) Program-Civic Welfare Training Service
(NSTP-CWTS) subjects.
(a) In lieu thereof, concerned SK officials shall
Declaration in the Certificate of Candidacy - Any candidate
for the SK election must declare in her/his Certificate of submit written reports, preferably with
Candidacy, the following statement: “The candidate is not photographs, or other documentations of their
related within the second civil degree of consanguinity or affinity participation in the implementation of programs,
to any incumbent elected national official or to any incumbent projects and activities as outlined in the ABYIP.
elected regional, provincial, city, municipal, or barangay official, (b) Absence of such reports and documentations or
in the locality where the candidate seeks to be elected.” (Sec. a finding to the contrary upon verification of
10(b), RA 10742-IRR)
submitted reports, will disqualify the concerned
SK officials from this privilege.

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Morillo Notes
(c) The CHED and the Commission shall jointly (c) Failure to convene the regular SK meetings for three (3)
promulgate the guidelines for the consecutive months in the case of the SK chairperson;
implementation of this provision; (d) Failure to formulate the CBYDP and the ABYIP, or
(3) Be excused from attending their regular classes, if approve the annual budget within the prescribed period
they are currently enrolled in any school, while attending of time without justifiable reason;
their regular or special SK meetings, and the (e) Failure to implement programs and projects outlined in
sangguniang barangay sessions, in case of the SK the ABYIP without justifiable reason, as evaluated by
chairperson. the C/MYDC;
(a) A certification of attendance shall be issued by (f) Four (4) consecutive absences during the regular
the SK secretary, attested by the SK chairperson sangguniang barangay sessions without valid cause in
and duly noted by the punong barangay, and the case of the SK chairperson;
shall be submitted to the concerned faculty (g) Conviction by final judgment of a crime involving moral
member and the dean of the educational turpitude; and violation of existing laws against graft
institution as proof of attendance. and corruption and other civil service laws, rules and
(b) In the case of the SK secretary, the SK regulations; and
chairperson shall issue the certification duly (h) Failure in the discharge of his or her duty or has
noted by the punong barangay. committed abuse of authority. (Sec. 18 (a), RA
(c) In the case of the SK chairperson, the barangay 10742-IRR)
secretary shall issue the certification of
attendance duly noted by the punong barangay. Period of Suspension - Any elected official of the SK may,
(d) Any person who shall falsely certify as to the after due process, be suspended, for not more than six (6)
attendance of any SK official shall be criminally months or removed from office by majority vote of all
and administratively liable; members of the sangguniang panlungsod or sangguniang
(4) Be provided by the National Government with bayan which has jurisdiction over the barangay of the
Philippine Health Insurance Corporation (PhilHealth) concerned SK official which shall be final and executory on
coverage, the amount of which to be included in the any of the abovementioned grounds. (Sec. 18(a), RA
yearly General Appropriations Act (GAA), as provided 10742-IRR)
for under the Revised Implementing Rules and
Regulations of the National Health Insurance Act of SUCCESSION AND FILLING UP OF VACANCIES:
2013; a. Succession of SK Chairperson:
(5) Be entitled to receive actual travelling - The SK member who obtained the highest number
reimbursements as may be authorized by law, and of votes in the election immediately preceding shall
subject to the availability of funds: Provided, That assume the office of the chairperson for the
such travel is directly related to the performance of their unexpired portion of his or her term. (Sec. 19(a), RA
functions as SK officials and is supported by duly 10742-IRR)
approved travel order by the punong barangay, in the - Such successor shall assume the position during
case of the SK chairperson, or by the SK chairperson, the period of such suspension. (Sec. 19(e), RA
in the case of the other SK officials. 10742-IRR)
(a) The SK official shall secure a Certificate of b. Succession of SK Member:
Appearance and other documents as may be - The SK member obtaining the next highest number
required by law to be issued by the concerned of votes shall assume the position of the
authority. chairperson for the unexpired portion of the term.
(b) Reimbursement of actual travelling expenses (Sec. 19(a), RA 10742-IRR)
shall be governed by existing laws, rules and c. Temporary Vacancies:
regulations; - Vacancies that are temporary in nature due to
(6) The SK chairperson shall have the same privileges physical or legal reasons such as, but not limited
enjoyed by other sangguniang barangay officials to, leave of absence and travel abroad, shall be
under this IRR, subject to such requirements and filled up in accordance with the following
limitations provided herein. (Sec. 16, RA 10742-IRR) (1) if vacancy is within a three-day period, the SK
Chairperson shall designate an
GROUND FOR SUSPENSION AND REMOVAL FROM Officer-inCharge (OIC) from among the SK
OFFICE: members; and
(a) Absence from the regular SK meetings without valid (2) if vacancy is more than a three-day period, the
cause for two (2) consecutive meetings or accumulated next SK member who obtained the highest
absences of four (4) days within a period of twelve (12) number of votes in the election immediately
months. Valid cause includes, but is not limited to, preceding, shall assume the office of the
illness as certified by a public health officer; natural or chairperson on the fourth day. (Sec. 19(d), RA
human-induced disaster; and attendance to trainings, 10742-IRR
seminars, workshops related to her/his duties and
functions as SK official. REGISTRATION, ELECTION AND ASSUMPTION OF
(b) Failure of the SK chairperson to convene the regular OFFICE:
assembly of the KK for two (2) consecutive times;

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- For purposes of the next regular SK election under this 5. Resident of the Philippines for not less than 2
IRR, the COMELEC shall set a special registration of the years immediately preceding the day of the
KK which shall in no case be less than one (1) month election. (Sec. 3, Art. VI, 1987 Constitution)
and shall include Saturdays and Sundays. b. Term of Office - shall be 6 years and shall not serve
- Subsequent registration of the KK shall be governed by for more than 2 consecutive terms. (Sec. 4, Art. VI,
Republic Act No. 8189 including the system of 1987 Constitution)
continuing registration.
- The manner of registration shall be governed by existing D. CONGRESSIONAL REPRESENTATIVES:
laws. (Sec. 34, RA 10742-IRR) a. Qualifications:
1. Natural-born Filipino citizen;
Date of Election - The SK elections shall be synchronized 2. At least 25 years of age on the day of the
with the barangay elections and subsequently every three (3) election;
years thereafter. (Sec. 35, RA 10742-IRR) 3. Able to read and write;
4. Except in Party-List representatives, must be a
registered voter in the district in which he/she
shall be elected; and
Chapter 4:
5. A resident thereof for a period of not less than 1
CANDIDACY AND CAMPAIGN REQUIREMENTS
year immediately preceding the day of the
election. (Sec. 6, Art. VI, 1987 Constitution)
b. Term of Office - Shall be elected for a term of 3
years but shall not serve for more than 3
A. CANDIDACY REQUIREMENTS:
consecutive terms. (Sec. 7, Art. VI, 1987
Constitution)
DEFINITION OF A CANDIDATE:
- Any person aspiring for or seeking an elective E. PARTY-LIST REPRESENTATIVES:
public office, who has filed a certificate of a. Qualifications:
candidacy by himself or through an accredited 1. Natural-born citizen of the Philippines;
political party, aggroupment, or coalition of parties. 2. Registered Voter
(Sec. 79(a), OEC) 3. Resident of the Philippines for a period of not
less than 1 year immediately preceding the day
of the election;
1. Qualification Requirements: 4. Able to read and write;
5. Bona fide member of the party or organization
A. THE PRESIDENT: which he/she seeks to represent for at least 90
a. Qualifications: days preceding the day of the election; and
1. Natural-born Citizen of the Philippines; 6. At least 25 years old on the day of the election.
2. Registered voter; (Sec. 9, RA 7941)
3. Able to read and write; b. Term of Office - shall be elected for a term of 3
4. At least 40 yrs. of age on the day of the years but shall not serve for more than 3
election; and consecutive terms. (Sec. 14, RA 7941)
5. Resident of the Philippines for at least 10 years
immediately preceding such election. (Sec. 2, F. LOCAL ELECTIVE OFFICIALS:
Art. VII, 1987 Constitution) a. General Qualifications:
b. Term of Office - elected for a term of 6 years and 1. Citizen of the Philippines;
not eligible for any reelection. (Sec. 4, Art. VII, !987 2. Registered voter:
Constitution) a. in the barangay, municipality,city or
province; or
B. THE VICE PRESIDENT: b. in the case a member of the sangguniang
a. Qualifications - same qualifications as the panlalawigan, sangguniang panlungsod, or
President. (sec. 3, Art. VII, 1987 Constitution) sangguniang bayan - the district where he
b. Term of Officer - same term of office with the intends to be elected;
President and shall not serve for more than 2 3. Resident therein for at least 1 year immediately
successive terms. (Sec. 4, Art. VII, 1987 preceding the day of the election; and
Constitution) 4. Able to read and write Filipino or any other local
language or dialect. (Sec. 39(a), RA 7160)
C. SENATORS: b. Candidates for governor, vice-governor, or
a. Qualifications: member of the sangguniang panlalawigan, or
1. Natural-born citizens of the Philippines; mayor, vice-mayor or member of the
2. At least 35 yrs of age; sangguniang panlungsod of highly urbanized
3. Able to read and write; cities - must be at least 23 years of age on election
4. Registered Voter; and day. (Sec. 39(b), RA 7160)

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c. Candidates of mayor or vice-mayor of 2) In case of House of Representatives - the province
independent component cities or municipalities - including its component cities, highly urbanized city or
must be at least 21 years of age on election day/ district or sector which he seeks to represent;
(Sec. 39(c), RA 7160) 3) Political party he/she belongs;
d. Candidates of member of the sangguniang 4) Civil status;
panlungsod, or sangguniang bayan - must be at 5) Date of Birth;
least 1 years of age on election day. (Sec. 39(d), RA 6) Residence;
7160) 7) Post office address for all election purposes;
e. Candidates of punong barangay or member of 8) Profession or occupation;
the sangguniang barangay - must be at least 18 9) That he/she will support and defend the Philippine
years of age on election day. (Sec. 39(e), RA 7160) Constitution and will maintain true faith and allegiance
f. Candidates for sangguniang kabataan - He/She thereto;
must be: 10) That he/she will obey the laws, legal orders, and
1. A citizen of the Philippines; decrees promulgated by the duly constituted
2. A qualified and registered member of the KK; authorities;
3. A resident of the barangay for not less than 1 11) That he/she is not a permanent resident or immigrant
year immediately preceding the day of the to a foreign country;
elections; 12) That the obligation imposed by his/her oath is
4. At least 18 years but not more than 34 years assumed voluntarily without mental reservation or
of age on the day of the elections; purpose of evasion; and
5. Able to read and write Filipino, English, or the 13) That the facts stated in the COC are true to the best of
local dialect; and his/her knowledge. (Sec. 74, OEC)
6. He/She must not be: (a) related within the 2nd
civil degree of consanguinity or affinity to any Candidate’s Name - Unless a candidate has officially
incumbent and elected national official, or to changed his name through a court approved proceeding, a
any incumbent elected regional, provincial, certificate shall use in a certificate of candidacy the name by
city, municipal, or barangay official, in the which he has been baptized, or if has not been baptized in
locality where she/he seeks to be elected; and any church or religion, the name registered in the office of
(b) have been convicted by final judgment of the local civil registrar or any other name allowed under the
any crime involving moral turpitude. (Sec. provisions of existing law or, in the case of a Muslim, his
10(a), RA 10742-IRR) Hadji name after performing the prescribed religious
pilgrimage: Provided, That when there are two or more
candidates for an office with the same name and surname,
2. Certificate of Candidacy:
each candidate, upon being made aware or such fact, shall
state his paternal and maternal surname, except the
FILING OF CERTIFICATE OF CANDIDACY (COC): incumbent who may continue to use the name and surname
- No person shall be eligible for any elective public stated in his certificate of candidacy when he was elected.
office unless he files a sworn certificate of He may also include one nickname or stage name by which
candidacy within the period fixed therein (Sec. 73, he is generally or popularly known in the locality. (Sec. 74,
OEC) par. 2, OEC)

NO FILING OF CERTIFICATE OF CANDIDACY (COC) FOR

Certificates of Candidacy; Certified List of Candidates - The
certificates of candidacy shall be filed in twelve legible signed
MORE THAN ONE OFFICE:
copies with the offices mentioned in Section 75 of Batas ● No person shall be eligible for more than one office to
Pambansa Blg. 881. In cities with more than one election be filled in the same election, and if he files his COC
registrar, the Commission on Elections, hereinafter referred to as for more than one office, he shall not be eligible for any
the Commission, shall designate the election registrar who shall of them.
receive the certificates of candidacy. ● However, before the expiration of the period for the
filing of COC, the person who has filed more than one
In lieu of the additional copies of the certificate of candidacy
COC may declare under oath the office for which he
equal to twice the number of polling places which a candidate is
required to file under said Section 75, the Commission shall
desires to be eligible and cancel the COC for the other
cause to be printed certified lists of candidates containing the office/s. (Sec. 73, OEC)
names of all registered candidates for each office to be voted for
in each province, city or municipality immediately followed by the EFFECT OF FILING OR WITHDRAWAL OF COC:
nickname or stage name of each candidate duly registered in his - The filing or withdrawal of a COC shall not affect
certificate of candidacy and his political party affiliation, if any. whatever civil, criminal or administrative liabilities
Said list shall be posted inside each voting booth during the which a candidate may have incurred. (Sec. 73,
voting period. (Sec. 4, RA 6646)
OEC)

CONTENTS OF A COC: DEATH, DISQUALIFICATION OR WITHDRAWAL OF

1) Announcement of his/her candidacy for the office CANDIDATE:
stated therein and that he is eligible for said office;

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● If after the last day for the filing of certificates of b) One who committed acts of terrorism to enhance
candidacy, an official candidate of a registered or his/her candidacy;
accredited political party dies, withdraws or is c) One who spent his/her election campaign n amount in
disqualified for any cause, only a person belonging to, excess of that allowed by the Election Code;
and certified by, the same political party may file a d) One who solicited, received or made any contribution
certificate of candidacy to replace the candidate who prohibited under the following Sections 89, 95, 97 &
died, withdrew or was disqualified. 104; or
● The substitute candidate nominated by the political e) One who violated any of the following Sections 80, 83,
party concerned may file his certificate of candidacy for 85, 86 & 261, pars. d, e, k, v, & cc(6). (Sec. 68, OEC)
the office affected in accordance with the preceding
sections not later than mid-day of the day of the GROUND FOR DISQUALIFICATION UNDER THE LOCAL
election. GOVERNMENT CODE:
● If the death, withdrawal or disqualification should occur (a) Those sentenced by final judgment for an offense
between the day before the election and mid-day of involving moral turpitude or for an offense punishable
election day, said certificate may be filed with any by 1 year or more of imprisonment, within 2 years after
board of election inspectors in the political subdivision serving sentence;
where he is a candidate, or, in the case of candidates (b) Those removed from office as a result of an
to be voted for by the entire electorate of the country, administrative case;
with the Commission. (Sec. 77, OEC) (c) Those convicted by final judgment for violating the oath
of allegiance to the Republic;
WITHDRAWAL OF COC: (d) Those with dual citizenship;
- Before the election, any person who has filed a (e) Fugitives from justice in criminal or non-political cases
certificate of COC may withdraw the COC by here or abroad;
submitting to the office concerned a written (f) Permanent residents in a foreign country or those who
declaration under oath. (Sec. 73, OEC) have acquired the right to reside abroad and continue
to avail of the same right after the effectivity of the
PETITION TO DENY DUE COURSE TO OR CANCEL A Local Government Code; and
COC: (g) The insane or feeble-minded. (Sec. 40, R 7160)
- A verified petition seeking to deny due course or to
cancel a certificate of candidacy may be filed by the
NOTE: The above-mentioned grounds are applicable only to
person exclusively on the ground that any material candidates for local electrice office.
representation contained therein as required under
Section 74 (contents of the COC) hereof is false.
- The petition may be filed at any time not later than PROCEDURES FOR NUISANCE CANDIDATES:
twenty-five days from the time of the filing of the (a) A Verified petition to declare a duly registered
certificate of candidacy and shall be decided, after due candidate as a nuisance candidate under Section 69
notice and hearing, not later than fifteen days before of Batas Pambansa Blg. 881 shall be filed personally
the election. (Sec. 78, OEC) or through duly authorized representative with the
Commission by any registered candidate for the same
office within five (5) days from the last day for the filing
3. Disqualifications of certificates of candidacy. Filing by mail not be
allowed.
GROUNDS FOR DISQUALIFICATION UNDER THE (b) Within three (3) days from the filing of the petition, the
OMNIBUS ELECTION CODE: Commission shall issue summons to the respondent
(a) He/She was declared as insane or incompetent by candidate together with a copy of the petition and its
competent authority; enclosures, if any.
(b) He/She was sentenced by final judgment for (c) The respondent shall be given three (3) days from
subversion, insurrection, rebellion, or for any offense receipt of the summons within which to file his verified
which he/she has been sentenced to a penalty of more answer (not a motion to dismiss) to the petition,
than 18 months of imprisonment; serving copy thereof upon the petitioner. Grounds for
(c) He/She was sentenced by final judgment for a crime a motion to dismiss may be raised as a affirmative
involving moral turpitude; and defenses.
(d) A person who is a permanent resident of or an (d) The Commission may designate any of its officials
immigrant to a foreign country unless he/she has who are lawyers to hear the case and receive
waived such status. (Secs. 12 & 68, OEC) evidence. The proceeding shall be summary in nature.
In lieu of oral testimonies, the parties may be required
Additional Grounds For Disqualification After Filing a to submit position papers together with affidavits or
Certificate of Candidacy (COC): counter-affidavits and other documentary evidence.
a) One who has given money or other material The hearing officer shall immediately submit to the
consideration to influence, induce or corrupt the voters Commission his findings, reports, and
or public officials performing electoral functions; recommendations within five (5) days from the
completion of such submission of evidence. The

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Commission shall render its decision within five (5)
days from receipt thereof.
NOTE: The above-mentioned acts if performed for the purpose
(e) The decision, order, or ruling of the Commission shall, of enhancing the chances of aspirants for nomination for
after five (5) days from receipt of a copy thereof by the candidacy to a public office by a political party, aggroupment, or
parties, be final and executory unless stayed by the coalition of parties shall not be considered as election campaign
Supreme Court. or partisan election activity. (Sec. 79(b), OEC)
(f) The Commission shall within twenty-four hours,
through the fastest available means, disseminate its
PUBLIC EXPRESSIONS AGAINST CANDIDATE NOT
decision or the decision of the Supreme Court to the
PART OF ELECTION CAMPAIGN:
city or municipal election registrars, boards of election
- Public expressions or opinions or discussions of
inspectors and the general public in the political
probable issues in a forthcoming election or on
subdivision concerned. (Sec. 5, RA 6646)
attributes of or criticisms against probable
candidates proposed to be nominated in a
GUEST CANDIDACY:
forthcoming political party convention shall not be
- A political party may nominate and/or support
construed as part of any election campaign or
candidates not belonging to it. (Sec. 70, OEC
partisan political activity contemplated under this
Article. (Sec. 79, last par., OEC)
EFFECTS OF DISQUALIFICATION CASES:
● Any candidate who has been declared by final
ELECTION CAMPAIGN OR PARTISAN POLITICAL
judgment to be disqualified shall not be voted for, and
ACTIVITY OUTSIDE CAMPAIGN PERIOD:
the votes cast for him shall not be counted.
● General Rule: It shall be unlawful for any person,
● If for any reason a candidate is not declared by final
whether or not a voter or candidate, or for any party, or
judgment before an election to be disqualified and he
association of persons, to engage in an election
is voted for and receives the winning number of votes
campaign or partisan political activity except during the
in such election, the Court or Commission shall
campaign period.
continue with the trial and hearing of the action,
● Exception: Political parties may hold political
inquiry, or protest and, upon motion of the
conventions or meetings to nominate their official
complainant or any intervenor, may during the
candidates within 30 days before the commencement
pendency thereof order the suspension of the
of the campaign period and 45 days for Presidential
proclamation of such candidate whenever the
and Vice-Presidential election. (Sec. 80, OEC)
evidence of his guilt is strong. (Sec. 6, RA 6646)
Essential Elements for Violation of Sec. 80, OEC:
B. CAMPAIGN AND ELECTION REQUIREMENTS: (a) A person engages in an election campaign or partisan
political activity as defined in Sec. 79, OEC;
(b) The act is designed to promote the election or defeat of
1. Campaign and Election Propaganda: a particular candidate; and
(c) The act is done outside the campaign period. (Lanot
vs. Comelec, GR no. 164858, November 16, 2006)
DEFINITION OF ELECTION CAMPAIGN OR PARTISAN
POLITICAL ACTIVITY:
- An act designed to promote the election or defeat PENERA vs. COMELEC
of a particular candidate/s to a public office. (Sec. GR no. 181613, November 25, 2009
79(b), OEC)
Congress has laid down the law — a candidate is liable for
election offenses only upon the start of the campaign period.
Acts that Constitutes Election Campaign or Partisan This Court has no power to ignore the clear and express
Political Activity: mandate of the law that “any person who files his certificate of
1. Forming organizations, associations, clubs, committees candidacy within [the filing] period shall only be considered a
or other groups of persons for the purpose of soliciting candidate at the start of the campaign period for which he filed
votes and/or undertaking any campaign for or against a his certificate of candidacy.” Neither can this Court turn a blind
candidate; eye to the express and clear language of the law that “any
unlawful act or omission applicable to a candidate shall take
2. Holding political caucuses, conferences, meetings,
effect only upon the start of the campaign period.”
rallies, parades, or other similar assemblies, for the
purpose of soliciting votes and/or undertaking any
campaign or propaganda for or against a candidate; FOREIGNERS CANNOT INTERVENE:
3. Making speeches, announcements or commentaries, or - It is unlawful for any foreigner (judicial or natural
holding interviews for or against the election of any person) to (1) aid any candidate or political party
candidate for public office; (directly or indirectly) or (2) take part in or (3) influence
4. Publishing or distributing campaign literature or in any manner any election, or (4) to contribute or
materials designed to support or oppose the election of make any expenditure in connection with any election
any candidate; or campaign or partisan political activity. (Sec. 81, OEC)
5. Directly or indirectly soliciting votes, pledges or support
for or against a candidate. (Sec. 79(b), OEC) LAWFUL ELECTION PROPAGANDA:

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Morillo Notes
(a) Pamphlets, leaflets, cards, decals, stickers or other
GR no. 205728, January 21, 2015
written or printed materials of a size not more than
eight and one-half (8.50) inches in width and fourteen While the tarpaulin may influence the success or failure of the
(14) inches in length; named candidates and political parties, this does not necessarily
(b) Handwritten or printed letters urging voters to vote for mean it is election propaganda. The tarpaulin was not paid for or
or against any particular candidate; posted “in return for consideration” by any candidate, political
(c) Cloth, paper or cardboard posters, whether framed or party, or party-list group.
posted, with an area exceeding two feet by three feet,
Personal opinions, unlike sponsored messages, are not covered
except that, at the site and on the occasion of a public
by the second paragraph of Sec. 1(4) of Comelec Resolution No.
meeting or rally, or in announcing the holding of said 9615 defining “political advertisement” or “election propaganda.”
meeting or rally, streamers not exceeding three feet by
eight feet in size, shall be allowed: Provided, That said The caricature, though not agreeable to some, is still protected
streamers may not be displayed except one week speech. That petitioners chose to categorize them as purveyors
before the date of the meeting or rally and that it shall of death or of life on the basis of a single issue—and a complex
be removed within 72 hours after said meeting or rally; piece of legislation at that—can easily be interpreted as an
or attempt to stereotype the candidates and party- list
organizations. Not all may agree to the way their thoughts were
(d) All other forms of election propaganda not prohibited
expressed, as in fact there are other Catholic dioceses that
by this Code as the Commission may authorize after chose not to follow the example of petitioners.
due notice to all interested parties and hearing where
all the interested parties were given an equal But, the Bill of Rights enumerated in our Constitution is an
opportunity to be heard: Provided, That the enumeration of our fundamental liberties. It is not a detailed code
Commission's authorization shall be published in two that prescribes good conduct. It provides space for all to be
newspapers of general circulation throughout the guided by their conscience, not only in the act that they do to
nation for at least twice within one week after the others but also in judgment of the acts of others.
authorization has been granted. (Sec. 82, OEC)

PROHIBITED FORMS OF ELECTION PROPAGANDA: 2. Electoral Contributions and Expenditures:

1) To print, publish, post or distribute any poster,
pamphlet, circular, handbill, or printed matter urging CONTRIBUTION:
voters to vote for or against any candidate unless they - A gift, donation, subscription, loan, advance or
bear the names and addresses of the printer and payor deposit of money or anything of value, or a
as required in Section 84 hereof; contract, promise or agreement to contribute,
2) To erect, put up, make use of, attach, float or display whether or not legally enforceable, made for the
any billboard, tinplate-poster, balloons and the like, of purpose of influencing the results of the elections
whatever size, shape, form or kind, advertising for or but shall not include services rendered without
against any candidate or political party; compensation by individuals volunteering a portion
3) To purchase, manufacture, request, distribute or or all of their time in behalf of a candidate or
accept electoral propaganda gadgets, such as pens, political party.
lighters, fans of whatever nature, flashlights, athletic - It shall also include the use of facilities voluntarily
goods or materials, wallets, shirts, hats, bandanas, donated by other persons, the money value of
matches, cigarettes and the like, except that campaign which can be assessed based on the rates
supporters accompanying a candidate shall be prevailing in the area. (Sec. 94(a), OEC)
allowed to wear hats and/or shirts or T-shirts
advertising a candidate; PROHIBITED CONTRIBUTIONS:
4) To show or display publicly any advertisement or (a) Public or private financial institutions: Provided,
propaganda for or against any candidate by means of however, That nothing herein shall prevent the making
cinematography, audio-visual units or other screen of any loan to a candidate or political party by any
projections except telecasts which may be allowed as such public or private financial institutions legally in the
hereinafter provided; and business of lending money, and that the loan is made
5) For any radio broadcasting or television station to sell in accordance with laws and regulations and in the
or give free of charge air time for campaign and other ordinary course of business;
political purposes except as authorized in this Code (b) Natural and juridical persons operating a public utility
under the rules and regulations promulgated by the or in possession of or exploiting any natural resources
Commission pursuant thereto. of the nation;
(c) Natural and juridical persons who hold contracts or
Any prohibited election propaganda gadget or sub-contracts to supply the government or any of its
advertisement shall be stopped, confiscated or torn down divisions, subdivisions or instrumentalities, with goods
by the representative of the Commission upon specific or services or to perform construction or other works;
authority of the Commission. (Sec. 85, OEC) (d) Natural and juridical persons who have been granted
franchises, incentives, exemptions, allocations or
DIOCESE OF BACOLOD vs. COMELEC similar privileges or concessions by the government or
any of its divisions, subdivisions or instrumentalities,

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Morillo Notes
including government-owned or controlled - It also include the use of facilities personally owned by
corporations; the candidate, the money value of the use of which can
(e) Natural and juridical persons who, within one year prior be assessed based on the rates prevailing in the area.
to the date of the election, have been granted loans or (Sec.94(b), OEC)
other accommodations in excess of P100,000 by the
government or any of its divisions, subdivisions or LIMITATIONS ON EXPENSES FOR ELECTION
instrumentalities including government-owned or CAMPAIGN:
controlled corporations; a) Candidates - may spend only Ten pesos (P10.00) for
(f) Educational institutions which have received grants of President and Vice-President; and for other
public funds amounting to no less than P100,000.00; candidates Three Pesos (P3.00) for every voter
(g) Officials or employees in the Civil Service, or members currently registered in the constituency where he filed
of the Armed Forces of the Philippines; and his certificate of candidacy: Provided, That a
(h) Foreigners and foreign corporations. candidate without any political party and without
(i) It shall be unlawful for any person to solicit or receive support from any political party may be allowed to
any contribution from any of the persons or entities spend Five Pesos (P5.00) for every such voter
enumerated herein. (Sec. 95, OEC) b) Political Parties - may spend Five pesos (P5.00) for
every voter currently registered in the constituency or
Prohibition on Foreign Contributions - It shall be unlawful constituencies where it has official candidates. (Sec.
for any person, including a political party or public or private 13, RA 7166)
entity to solicit or receive, directly or indirectly, any aid or
contribution of whatever form or nature from any foreign LAWFUL EXPENDITURES:
national, government or entity for the purposes of (a) For travelling expenses of the candidates and
influencing the results of the election. (Sec. 96, OEC) campaign personnel in the course of the campaign
and for personal expenses incident thereto;
Prohibited Raising of Funds: (b) For compensation of campaigners, clerks,
● General Rule: It shall be unlawful for stenographers, messengers, and other persons
○ Any person to hold dances, lotteries, cockfights, actually employed in the campaign;
games, boxing bouts, bingo, beauty contests, (c) For telegraph and telephone tolls, postage, freight and
entertainments, or cinematographic, theatrical or express delivery charges;
other performances for the purpose of raising (d) For stationery, printing and distribution of printed
funds for an election campaign or for the support matters relative to candidacy;
of any candidate from the commencement of the (e) For employment of watchers at the polls;
election period up to and including election day; or (f) For rent, maintenance and furnishing of campaign
○ Any or organization, whether civic or religious, headquarters, office or place of meetings;
directly or indirectly, to solicit and/or accept from (g) For political meetings and rallies and the use of sound
any candidate for public office, or from his systems, lights and decorations during said meetings
campaign manager, agent or representative, or any and rallies;
person acting in their behalf, any gift, food, (h) For newspaper, radio, television and other public
transportation, contribution or donation in cash or advertisements;
in kind from the commencement of the election (i) For employment of counsel, the cost of which shall
period up to and including election day; not be taken into account in determining the amount
● Exception: Normal and customary religious stipends, of expenses which a candidate or political party may
tithes, or collections on Sundays and/or other have incurred under limitations on expenses;
designated collection days, are excluded from this (j) For copying and classifying list of voters, investigating
prohibition. (Sec. 97, OEC) and challenging the right to vote of persons registered
in the lists the costs of which shall not be taken into
Report on Contributions - Every person giving account in determining the amount of expenses which
contributions to any candidate, treasurer of the party, or a candidate or political party may have incurred under
authorized representative of such candidate or treasurer limitations on expenses; or
shall, not later than thirty days after the day of the election, (k) For printing sample ballots in such color, size and
file with the Commission a report under oath stating the maximum number as may be authorized by the
amount of each contribution, the name of the candidate, Commission and the cost of such printing shall not be
agent of the candidate or political party receiving the taken into account in determining the amount of
contribution, and the date of the contribution. (Sec. 99, expenses which a candidate or political party may
OEC) have incurred under limitations on expenses. (SEC.
102, OEC)
EXPENSES:
- Includes the payment or delivery of money or anything STATEMENT OF CONTRIBUTIONS AND EXPENDITURES:
of value, or a contract, promise or agreement to make ● Every candidate and treasurer of the political party
an expenditure, for the purpose of influencing the shall, within thirty (30) days after the day of the
results of the election. election, file in duplicate with the offices of the
Commission the full, true and itemized statement of all

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contributions and expenditures in connection with the Pambansa Blg. 881 shall be composed of a chairman
election. and two (2) members, one of whom shall be
● No person elected to any public offices shall enter designated as poll clerk, all of whom shall be public
upon the duties of his office until he has filed the school teachers, giving preference to those with
statement of contributions and expenditures herein permanent appointments.
required. - In case there are not enough public school teachers,
● The same prohibition shall apply if the political party teachers in private schools, employees in the civil
which nominated the winning candidate fails to file the service, or other citizens of known probity and
statement required herein within the period prescribed competence who are registered voters of the city or
by this Act. municipality may be appointed for election duty. (Sec.
● Except candidates for elective barangay office, failure 13, RA 6646)
to file the statements or reports in connection with
electoral contributions and expenditures are required QUALIFICATIONS OF BEI MEMBERS:
herein shall constitute an administrative offense for (a) Of good moral character and irreproachable
which the offenders shall be liable to pay an reputation;
administrative fine ranging from One thousand pesos (b) A registered voter of the city or municipality;
(P1,000.00) to Thirty thousand pesos (P30,000.00), in (c) Has never been convicted of any election offense or
the discretion of the Commission. any other crime punishable by more than 6 months of
● The fine shall be paid within thirty (30) days from imprisonment, or if he/she has pending against
receipt of notice of such failure; otherwise, it shall be him/her an information for any election offense; and
enforceable by a writ of execution issued by the (d) He/She must be able to speak and write English or
Commission against the properties of the offender. the local dialect. (Sec. 166, OEC)
● It shall be the duty of every city or municipal election
registrar to advise in writing, by personal delivery or DISQUALIFICATIONS:
registered mail, within five (5) days from the date of - No person shall serve as chairman or member of the
election all candidates residing in his jurisdiction to board of election inspectors if he is related within the
comply with their obligation to file their statements of fourth civil degree of consanguinity or affinity to any
contributions and expenditures. member of the board of election inspectors or to any
● For the commission of a second or subsequent candidate to be voted for in the polling place or his
offense under this section, the administrative fine shall spouse. (Sec. 167, OEC)
be from Two thousand pesos (P2,000.00) to Sixty
thousand pesos (P60,000.00), in the discretion of the POWERS OF THE BEI:
Commission. In addition, the offender shall be subject (a) Conduct the voting and counting of votes in their
to perpetual disqualification to hold public office. (Sec. respective polling places;
14, RA 7166) (b) Act as deputies of the Comelec in the supervision
and control of the election in the polling places
EFFECT OF FAILURE TO FILE STATEMENT: wherein they are assigned, to assure the holding of
- In addition to other sanctions provided in this Code, no the same in a free, orderly and honest manner; and
person elected to any public office shall enter upon the (c) Perform such other functions prescribed by the
duties of his office until he has filed the statement of Election Code or by the rules and regulations
contributions and expenditures herein required. promulgated by the Comelec. (Sec. 168, OEC)
- The same prohibition shall apply if the political party
which nominated the winning candidate fails to file the PROCEEDINGS OF THE BEI:
statements required herein within the period prescribed ● The meetings of the BEI shall be public and shall be
by this Code. (Sec. 111, OEC) held only in the polling place authorized by the
Comelec.
● The BEI shall have full authority to maintain order
C. BOARD OF ELECTION INSPECTORS
within the polling place and its premises, to keep
AND WATCHERS:
access thereto open and unobstructed, and to enforce
obedience to its lawful orders.
● If any person shall refuse to obey lawful orders of the
1. Board of Election Inspectors:
BEI or shall conduct himself in a disorderly manner in
its presence or within its hearing and thereby interrupt
CREATION OF BOARD OF ELECTION INSPECTORS or disturb its proceedings, the BEI may issue an order
(BEI): in writing directing any peace officer to take such
- The Comelec shall (directly or through its duly person into custody until the adjournment of the
authorized representatives) constitute a BEI for meeting, but such order shall not be executed as to
each precinct. (Sec. 164, OEC) prevent any person so taken into custody from
exercising his right to vote.
COMPOSITION OF THE BEI: ● Such order shall be executed by any peace officer to
- The board of election inspectors to be constituted by whom it may be delivered, but if none be present, by
the Commission under Section 164 of Batas

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
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any other person deputized by the board of election the chairman and all the members of the board
inspectors in writing. (Sec. 172, OEC) of election inspectors.
● Refusal of the chairman and the members of the board
of election inspectors to sign and furnish such
2. Official Watchers:
certificate shall constitute an election offense and shall
be penalized under this Code. (Sec. 179, OEC)
OFFICIAL WATCHERS:
● Every registered political party or coalition of political QUALIFICATIONS:
parties, and every candidate shall each be entitled to - Qualified voter of the city or municipality, of good
one watcher in every polling place and canvassing reputation, never been convicted of any election
center: Provided, That, candidates for the offense or any crime, knows how to read and write
Sangguniang Panlalawigan, Sangguniang Panlungsod, English, Pilipino, or any of the prevailing local
or Sangguniang Bayan belonging to the same slate or dialects, and not related within the 4th civil degree
ticket shall collectively be entitled to only one watcher. by consanguinity or affinity to any member of the
(Sec. 12, RA 7166) BEI in the polling place where he seeks
appointment as watcher. (p. 538, Nashua, Political
RIGHTS AND DUTIES OF WATCHERS: Law Outline, 2014)
● Upon entering the polling place, the watchers shall
present and deliver to the chairman of the board of OTHER WATCHERS:
election inspectors his appointment, and forthwith, his - The duly accredited citizens arm of the
name shall be recorded in the minutes with a notation Commission shall be entitled to appoint a watcher
under his signature that he is not disqualified under the in every polling place. Other civic, religious,
second paragraph of Section 178. professional, business, service, youth and any
● The appointments of the watchers shall bear the other similar organizations, with prior authority of
personal signature or the facsimile signature of the the Commission, shall be entitled collectively to
candidate or the duly authorized representatives of the appoint one watcher in every polling place. (Sec.
political party or coalition of political parties who 180, OEC)
appointed him or of organizations authorized by the
Commission under Section 180.
3. Election Period:
● The watchers shall have the right to stay in the space
reserved for them inside the polling place.
● They shall have the right: ELECTION PERIOD:
○ to witness and inform themselves of the - Unless otherwise fixed by the COMELEC in special
proceedings of the board of election inspectors, cases, the election period shall commence 90 days
including its proceedings during the registration before the day of election and shall end 30 days
of voters; thereafter. (Sec. 9, Art. IX-C, 1987 COnstitution)
○ to take notes of what they may see or hear;
○ to take photographs of the proceedings and CAMPAIGN PERIOD:
incidents, if any, during the counting of votes,
ELECTIONS: PERIOD:
as well as of election returns, tally boards and
ballot boxes; President and Vice-President 90 days
○ to file a protest against any irregularity or
violation of law which they believe may have Members of the Congress and Local 45 days
been committed by the board of election election
inspectors or by any of its members or by any
persons; Barangay Election 15 days
○ to obtain from the board of election inspectors a
certificate as to the filing of such protest and/or Special Elections (Sec.5(2), Art. VIII, 198 45 days
of the resolution thereon; Constitution)
○ to read the ballots after they shall have been
read by the chairman, as well as the election The campaign periods shall not include the day before and
returns after they shall have been completed the day of the election. (Sec. 3, OEC)
and signed by the members of the board of
election inspectors without touching them, but
they shall not speak to any member of the
board of election inspectors; or Chapter 5:
○ to any voter, or among themselves, in such a PRE-PROCLAMATION CONTROVERSIES
manner as would distract the proceedings, and AND ELECTION CONTESTS
to be furnished with a certificate of the number
of votes in words and figures cast for each
candidate, duly signed and thumbmarked by
A. PRE-PROCLAMATION CONTROVERSIES:

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(b) Upon receipts of any such objection, the board of
DEFINITION OF PRE-PROCLAMATION CONTROVERSIES: canvassers shall automatically defer the canvass of
- It refers to any question pertaining to or affecting the the contested returns and shall proceed to canvass the
proceedings of the board of canvassers which may be returns which are not contested by any party.
raised by any candidate or by any registered political (c) Simultaneous with the oral objection, the objecting
party or coalition of political parties before the board or party shall also enter his objection in the form for
directly with the Comelec, or any matter raised under written objections to be prescribed by the
Secs 233-236 in relation to the preparation, Commission. Within twenty-four (24) hours from and
transmission, receipt, custody and appreciation of the after the presentation of such an objection, the
election returns. (Sec. 241, OEC) objecting party shall submit the evidence in support of
the objection, which shall be attached to the form for
EXCLUSIVE JURISDICTION OF ALL PRE-PROCLAMATION written objections. Within the same period of
CONTROVERSIES: twenty-four (24) hours after presentation of the
- The Comelec shall have exclusive jurisdiction of all objection, any party may file a written and verified
pre-proclamation controversies. opposition to the objection in the form also to be
- The Comelec may motu proprio or upon written petition prescribed by the Commission, attaching thereto
and after due notice and hearing, order the partial or supporting evidence, if any. The board shall not
total suspension of the proclamation of any entertain any objection or opposition unless reduced
candidate-elect or annual partially or totally any to writing in the prescribed forms.
proclamation, if one has been made, as the evidence (d) The evidence attached to the objection or opposition,
shall warrant in accordance with the succeeding submitted by the parties, shall be immediately and
sections. (Sec. 242, OEC) formally admitted into the records of the board by the
chairman affixing his signature at the back of each
GROUNDS FOR PRE-PROCLAMATION CONTROVERSY: every page thereof.
(a) Illegal composition or proceeding of the board of (e) Upon receipt of the evidence, the board shall keep up
canvassers; the contested returns, consider the written objections
(b) The canvassed election returns are incomplete, thereto and opposition, if any, and summarily and
contain material defects, appear to be tampered with immediately rules thereon. The board shall enter its
or falsified, or contain discrepancies in the same ruling on the prescribed form and authenticate the
returns or in other authentic copies thereof as same by the signatures of its members.
mentioned in Secs. 233, 234, 235 and 236, OEC; (f) Any part adversely affected by the ruling of the board
(c) The election returns were prepared under duress, shall immediately inform the board if he intends to
threats, coercion, or intimidation, orthey are obviously appeal said ruling. The board shall enter said
manufactured or not authentic; and information in the minutes of the canvass, set aside
(d) When substitute or fraudulent returns in controverted the returns and proceed to consider the other returns.
polling places were canvassed, the results of which (g) After all the uncontested returns have been canvassed
materially affected the standing of the aggrieved and the contested return ruled upon by it, the board
candidate or candidates. (Sec. 243, OEC) shall suspend the canvass. Within forty-eight (48)
hours, therefrom, any party adversely affected by the
CONSENTED COMPOSITION OR PROCEEDINGS OF ruling may file with the board a written and verified
THE BOARD: notice of appeal; and within an unextendible period of
- Parties adversely affected by a ruling of the board five (5) days thereafter an appeal may be taken to the
of canvassers on questions affecting the Commission.
composition or proceedings of the board may (h) Immediately upon receipt of the notice of appeal, the
appeal the matter to the Commission within three board shall make an appropriate report to the
(3) days from a ruling thereon. Commission, elevating therewith the complete records
- The Commission shall summarily decide the case and evidence submitted in the canvass, and furnishing
within five (5) days from the filing thereof. (Sec. 19, the parties with copies of the report.
RA 7166) (i) On the basis of the record and evidence elevate to it
by the board, the Commission shall decide summarily
PROCEDURES OF DISPOSITION OF CONTESTED the appeal within seven (7) days from receipt of said
ELECTION RETURNS: record and evidence. Any appeal brought before the
(a) Any candidate, political party or coalition of political Commission on the ruling of the board, without the
parties contesting the inclusion or exclusion in the accomplished forms and the evidence appended
canvass of any election returns on any of the grounds thereto, shall be summarily dismissed.
authorized under Article XX or Sections 234, 235 and (j) The decision of the Commission shall be executory
236 of Article XIX of the Omnibus Election Code shall after the lapse of seven (7) days from receipts thereof
submit their oral objection to the chairman of the by the losing party.
board of canvassers at the time the questioned return (k) The board of canvassers shall not proclaim any
is presented for inclusion in the canvass. Such candidate as winner unless authorized by the
objection shall be recorded in the minutes of the Commission after the latter has ruled on the object
canvass. brought to it on appeal by the losing party. Any

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proclamation made in violation hereof shall be void ab and city offices not later than thirty days before such
initio, unless the contested returns will not adversely elections. Such rules shall provide a simple and
affect the results of the election. (Sec. 20, RA 7166) inexpensive procedure for the expeditious disposition
of election contests and shall be published in at least
SUMMARY PROCEEDINGS BEFORE THE COMELEC: two newspapers of general circulation.
- All pre-proclamation controversies shall be heard
summarily by the Comelec after due notice and However, with respect to election contests involving
hearing, and its decisions shall be executory after municipal and barangay offices the following rules of
the lapse of 5 days from receipt by the losing party procedure shall govern:
of the decision of the Comelec, unless restrained (a) Notice of the protest contesting the election of a
by the Supreme Court. (Sec. 246, OEC) candidate for a municipal or barangay office shall be
served upon the candidate by means of a summons at
PARTIAL PROCLAMATION: the postal address stated in his certificate of candidacy
- Notwithstanding the pendency of any except when the protestee, without waiting for the
pre-proclamation controversy, the Commission summons, has made the court understand that he has
may summarily order the proclamation of other been notified of the protest or has filed his answer
winning candidates whose election will not be hereto;
affected by the outcome of the controversy. (Sec. (b) The protestee shall answer the protest within five days
21, RA 7166) after receipt of the summons, or, in case there has
been no summons from the date of his appearance and
EFFECT OF FILING PETITION TO ANNUL OR TO in all cases before the commencement of the hearing
SUSPEND THE PROCLAMATION: of the protest or contest.
- It shall suspend the running of the period within (i) The answer shall deal only with the election in
which to file an election protest or quo warranto the polling places which are covered by the
proceedings. (Sec. 248, OEC) allegations of the contest;
(c) Should the protestee desire to impugn the votes
received by the protestant in other polling places, he
B. ELECTION CONTESTS:
shall file a counter-protest within the same period fixed
for the answer serving a copy thereof upon the
ACTIONS FOR ELECTION CONTEST: protestant by registered mail or by personal delivery or
1. An election protest; or through the sheriff;
2. A quo warranto Proceedings (d) The protestant shall answer the counter-protest within
five days after notice;
JURISDICTION ON ELECTION CONTESTS: (e) Within the period of five days counted from the filing of
a) Commission on Election (COMELEC) - the sole judge the protest any other candidate for the same office may
of all contests relating to elections, returns, and intervene in the case as other contestants and ask for
qualifications of all elective regional, provincial and city affirmative relief in his favor by a petition in intervention,
officials. (Sec. 249, OEC) which shall be considered as another contest, except
b) Regional Trial Court (RTC) - all petitions contesting the that it shall be substantiated within the same
election of a municipal officer, and Sangguniang proceedings.
Kabataan. (Secs. 251, OEC) (i) The protestant or protestee shall answer the
c) Metropolitan or Municipal Trial Court (MTC/MCTC) - protest in intervention within five days after
all petitions contesting the election of a Barangay notice;
Officer. (Sec. 252, OEC) (f) If no answer shall be filed to the contest,
d) Presidential Electoral Tribunal - Supreme Court En counter-protest, or to the protest in intervention, within
Banc (PET) - The Supreme Court, sitting en banc, shall the time limits respectively fixed, a general denial shall
be the sole judge of all contests relating to the election, be deemed to have been entered;
returns, and qualifications of the President or (g) In election contest proceedings, the permanent registry
Vice-President, and may promulgate its rules for the list of voters shall be conclusive in regard to the
purpose. (Sec. 4, par. 7, Art. VII, 1987 Constitution) question as to who had the right to vote in said
e) Senate Electoral Tribunal (SET) - all contests relating election. (Sec. 254, OEC)
to the election, returns and qualifications of senators.
(Sec. 17, Art. VI, 1987 Constitution) REQUISITES OF QUO WARRANTO:
f) House of Representatives Electoral Tribunal (HRET) - 1. It must be filed by any registered voter in the
all contests relating to the election, returns, and constituency;
qualifications of congressmen/women. (Sec. 17, Art. VI, 2. It must based on ineligibility or disyoalty to the
1987 Constitution) Republic of the Philippines;
3. It must be filed within 10 days from the
PROCEDURE IN ELECTION CONTESTS: proclamation of results of the election. (pp.
- The Comelec shall prescribe the rules to govern the 565-566, Nachura Outline, 2014)
procedure and other matters relating to election
contests pertaining to all national, regional, provincial, GROUNDS FOR PETITION FOR QUO WARRANTO:

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1. Ineligibility to the Republics of the Philippines; or warranto proceeding has been instituted or where the
2. Disloyalty to the Republic of the Philippines. (Sec. 253, appeal of said case has been taken shall notify
OEC) immediately the President of the Philippines of the final
disposition thereof.
PERIOD TO FILE THE PETITION FOR QUO WARRANTO: ● In election contests involving provincial, city, municipal,
- 10 days after the proclamation of the results of the or barangay offices, notice of such final disposition
election. (Sec. 253, OEC) shall also be sent to the secretary of the local
sanggunian concerned. If the decision is that none of
JURISDICTION ON PETITION FOR QUO WARRANTO: the parties has been legally elected, said official shall
1. Against any regional, provincial or city officer - certify such decision to the President of the Philippines
COMELEC (Sec. 253, OEC) and, in appropriate cases, to the Comelec. (Sec. 260,
2. Against any municipal or barangay officer - RTC or OEC)
MTC/MCTC. (Sec. 253, OEC)

APPEALS:
Chapter 6:
● The Comelec shall have the powers and functions,
ELECTION OFFENSES
among others, to exercise exclusive original jurisdiction
over all contests relating to the elections, returns, and
qualifications of all elective regional, provincial, and city
officials, and appellate jurisdiction over all contests
A. PROHIBITED ACTS:
involving elective municipal officials decided by trial
courts of general jurisdiction, or involving elective
barangay officials decided by trial courts of limited PROHIBITED ACTS IN GENERAL:
jurisdiction. 1) Vote-buying and vote-selling;
● Decisions, final orders, or rulings of the Commission on Elements:
election contests involving elective municipal and (a) The offender is any person;
barangay offices shall be final, executory, and not (b) Such offender:
appealable. (Sec. 2(2), Art. IX-C, !987 Constitution) (i) gives, offers or promises money or anything
of value;
DECISION IN THE COMELEC: (ii) gives or promises any office or employment,
● The Comelec shall decide by a majority vote of all its franchise or grant (public or private);
Members, any case or matter brought before it within (iii) Makes or offers to make an expenditure
60 days from the date of its submission for decision or (directly or indirectly);
resolution. (iv) Cause an expenditure to be made to any
● A case or matter is deemed submitted for decision or person, association, corporation, entity or
resolution upon the filing of the last pleading, brief, or community.
memorandum required by the rules of the Commission (c) Purpose or objective:
or by the Commission itself. (i) to induce anyone or the public in general to
● Unless otherwise provided by this Constitution or by vote for or against any candidate or
law, any decision, order, or ruling of the Comelec may withhold his vote in the election; or
be brought to the Supreme Court on certiorari by the (ii) to vote for or against any aspirant for the
aggrieved party within thirty days from receipt of a nomination or choice of a candidate in a
copy thereof. (Sec. 7, Art. IX-A, !987 Constitution) convention or similar selection process of a
political party. (Sec. 261(a)(1), OEC)
PREFERENTIAL DISPOSITION OF ELECTION CONTEST
IN COURT: Any person, association, corporation, group or
● General Rule: The courts shall give preference to community who solicits or receives (directly or
election contests over all other cases and shall without indirectly) any expenditure or promise of any office or
delay, hear and, within 30 days from the date of their employment (public or private) for any of the
submission for decision, but in every case within 6 foregoing considerations. (Sec. 261(a)(2), OEC)
months after filing, decide the same.
● Exception: Habeas Corpus cases. (Sec. 258, OEC) 2) Conspiracy to bribe voters;
Elements:
DAMAGES AWARDED: (a) Two or more persons (candidate or not);
- Actual or compensatory damages may be granted (b) They come to an agreement concerning the
in all election contests or in quo warranto commission of vote-buying or vote-selling; and
proceedings in accordance with law. (Sec. 259, (c) They decide to commit it. (Sec. 261(b), OEC)
OEC)
3) Wagering upon result of election;
NOTICE OF DECISION: Elements:
● The clerk of court and the corresponding official in the (a) Any person who;
Comelec before whom an election contest or a quo

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ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
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(b) bets or wagers upon the outcome of, or any (ii) uses any fraudulent device or scheme to
contingency connect with an election. (Sec. compel or induce the registration or
261(c), OEC) refraining from registration of any voter, or
the participation in a campaign or
Forfeiture in favor of the Government: refraining or desistance from any
- Any money or thing of value or deposit of money campaign, or the casting of any vote or
or thing of value situated anywhere in the omission to vote, or any promise of such
Philippines put as such bet or wager shall be registration, campaign, vote, or omission
forfeited to the government. (Sec. 261(c), OEC) therefrom. (Sec. 261(e), OEC)

4) Coercion of subordinates; 6) Coercion of election officials and employees;

Elements: Elements:
a. In General: (a) The offender is any person; and
1) Any public officer, or any officer of any public or (b) The offender (directly or indirectly) threatens,
private corporation or association, or any head, intimidates, terrorizes or coerces any election
superior, or administrator of any religious official or employee in the performance of his
organization, or any employer or land-owner; election functions or duties. (Sec. 261(f), OEC)
2) Who coerces or intimidates or compels, or in
any manner influence, directly or indirectly, any 7) Appointment of new employees, creation of new
of his subordinates or members or parishioners position, promotion, or giving salary increases;
or employees or house helpers, tenants, Elements:
overseers, farm helpers, tillers, or lease holders (a) The offense was done during the following
to aid, campaign or vote for or against any periods:
candidate or any aspirant for the nomination or (i) 45 days before a regular election; and
selection of candidates. (Sec. 261(d)(1), OEC) (ii) 35 days before a special election;
(b) The offender is the head, official or appointing
b. In case of Commercial, Industrial, Agricultural, officer of a government office, agency or
Economic or Social Enterprise: instrumentality (whether national or local),
1) Any public officer or any officer of any including GOCCs;
commercial, industrial, agricultural, economic (c) The offender (1) appoints or hires any new
or social enterprise or public or private employee (whether provisional, temporary or
corporation or association, or any head, casual), or (2) creates and fills any new position,
superior or administrator of any religious except upon prior authority of the Comelec.
organization, or any employer or landowner; (d) Any government official who promotes, or gives
2) Who dismisses or threatens to dismiss, any increase of salary or remuneration or
punishes or threatens to punish be reducing his privilege to any government official or employee,
salary, wage or compensation, or by demotion, including those in GOCCs. (Sec. 261(g), OEC)
transfer, suspension, separation,
excommunication, ejectment, or causing him Exception - As an exception to the foregoing
annoyance in the performance of his job or in provisions, a new employee may be appointed in
his membership, any subordinate member or case of urgent need: Provided, however, That notice
affiliate, parishioner, employee or house helper, of the appointment shall be given to the Commission
tenant, overseer, farm helper, tiller, or lease within three days from the date of the appointment.
holder, for disobeying or not complying with Any appointment or hiring in violation of this provision
any of the acts ordered by the former to aid, shall be null and void. (Sec. 261(g)(1), OEC)
campaign or vote for or against any candidate,
or any aspirant for the nomination or selection Requirements for the Grant of Prior Authority by
of candidates. (Sec. 261(d)(2), OEC) the Comelec:
a. The position to be filled is essential to the proper
5) Threats, intimidation, terrorism, use of fraudulent functioning of the office or agency concerned;
device or other forms of coercion; and
Elements: b. The position shall not be filled in a manner that
(a) The offender is any person; and may influence the election. (Sec. 261(a)(1), OEC)
(b) The offender performs any of the following acts
either directly or indirectly: 8) Transfer of officers and employees in the civil
(i) threatens, intimidates or actually causes, service;
inflicts or produces any violence, injury, Elements:
punishment, damage, loss or (a) The offender is any public official; and
disadvantage upon any person/s or that of (b) The offender makes or causes any transfer or
the immediate members of his family, his detail whatever of any officer or employee in the
honor or property; civil service (including public school teachers)

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within the election period, except upon prior 13)Appointment or use of special policemen special
approval of the Comelec. (Sec. 261(h), OEC) agents, confidential agents or the like;
Elements:
9) Intervention of public officers and employees; (a) The offense is committed during the campaign
Elements: period, on the day before and on election day;
(a) The offender is either: (b) The offender is either: (1) any appointing authority
(i) Any officer or employee in the civil service or (2) any person: and
except those holding political offices; (c) The offender appoints or utilizes the service of
(ii) Any officer, employee, or member of the the following persons:
AFP; or (i) special policemen, special agents,
(iii) Any police force, special forces, home confidential agents or persons performing
defense forces, barangay self-defense similar functions;
units and all other para-military units (ii) persons previously appointed as special
existing or organized hereafter; and policemen, special agents, confidential
(b) The officer (directly or indirectly) intervenes in any agents or persons performing similar
election campaign or engages in any partisan functions who continue acting as such;
political activity, except to vote or to preserve and
public order, if he is a peace officer. (Sec. 261(i), (iii) those who fail to turn over their firearms,
OEC) uniforms, insignias and other badges of
authority to the proper officer who issued
10)Undue influence; the same. (Sec. 261(m), OEC)
(a) It is unlawful for any person to promise any office
or employment, public or private, or to make or Submission to the Comelec:
offer to make an expenditure, directly or - At the start of the aforementioned period, the
indirectly, or to cause an expenditure to be made barangay chairman, municipal mayor, city
to any person, association, corporation or entity, mayor, provincial governor, or any appointing
which may induce anyone or the public in general authority shall submit to the Commission a
either to vote or withhold his vote, or to vote for or complete list of all special policemen, special
against any candidate in any election or any agents, confidential agents or persons
aspirant for the nomination or selection of an performing similar functions in the employ of
official candidate in a convention of a political their respective political subdivisions, with such
party. particulars as the Commission may require.
(b) It is likewise unlawful for any person, association, (Sec. 261(m), OEC)
corporation or community, to solicit or receive,
directly or indirectly, any expenditure or promise 14)Illegal release of prisoners before and after
or any office, or employment, public or private, for election;
any of the foregoing considerations. (Sec. 261(j), Elements:
OEC) (a) The offender is either the following persons:
(i) Director of the Bureau of Prisons;
11)Unlawful electioneering; (ii) Any provincial warden;
- It is unlawful to solicit votes or undertake any (iii) The keeper of the jail; or
propaganda on the day of registration before the (iv) The person/s required by law to keep
board of election inspectors and on the day of prisoners in their custody; and
election, for or against any candidate or any (b) The offender illegally orders or allows any prisoner
political party within the polling place and with a detained in the national penitentiary, or the
radius of thirty meters thereof. (Sec. 261(k), OEC) provincial, city or municipal jail to leave the
premises thereof 60 days before and 30 days after
12)Prohibition against dismissal of employees, the election. (Sec. 261(n), OEC)
laborers, or tenants;
- No employee or laborer shall be dismissed, nor a Posting of the list of prisoners or detention
tenant be ejected from his landholdings for prisoners - The municipal or city warden, the
refusing or failing to vote for any candidate of his provincial warden, the keeper of the jail or the person
employer or landowner. (Sec. 261(l), OEC) or persons required by law to keep prisoners in their
custody shall post in three conspicuous public places
Relief of the aggrieved party: a list of the prisoners or detention prisoners under
- Any employee, laborer or tenant so dismissed or their care. Detention prisoners must be categorized
ejected shall be reinstated and the salary or wage as such. (Sec. 261(n), OEC)
of the employee or laborer, or the share of the
harvest of the tenant, shall be restored to the 15)Use of public funds, money deposited in trust,
aggrieved party upon application to the proper equipment, facilities owned or controlled by the
court. (Sec. 261(l), OEC) government for an election campaign;
Elements:

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(a) The offender is any person; and 3. To persons who by nature of their official duties,
(b) The offender uses any guise, whether directly or profession, business or occupation habitually
indirectly: carry large sums of money or valuables. (Sec.
(i) Public funds or money deposited with, or 261(1), OEC)
held in trust by, public financing
institutions or by government offices, 18)Use of armored land, water or air craft;
banks, or agencies; Elements:
(ii) Any printing press, radio, or television (a) The offense is committed during the campaign
station or audio-visual equipment period, on the day before and on election day;
operated by the Government or by its (b) The offender is any person;
divisions, sub-divisions, agencies or (c) The offender uses any armored and, water or air
instrumentalities, including craft provided with:
government-owned or controlled (i) any temporary or permanent equipment;
corporations, or by the Armed Forces of or
the Philippines; or (ii) any other device or contraption for the
(iii) Any equipment, vehicle, facility, mounting or installation of cannons,
apparatus, or paraphernalia owned by the machine guns and other similar high
government or by its political subdivisions, caliber firearms, including military type
agencies including government-owned or tanks, half trucks, scout trucks, armored
controlled corporations, or by the Armed trucks, of any make or model, whether
Forces of the Philippines for any election new, reconditioned, rebuilt or remodelled.
campaign or for any partisan political (Sec. 261(r), OEC)
activity. (Sec. 261(o), OEC)
Exception - Banking or financial institutions and all
16)Deadly weapons; business firms may use not more than two armored
Elements: vehicles strictly for, and limited to, the purpose of
(a) The offender is any person; and transporting cash, gold bullion or other valuables in
(b) The offender carries any deadly weapon in the connection with their business from and to their
polling place and within a radius of 100 meters place of business, upon previous authority of the
thereof during the days and hours fixed by law Commission. (Sec. 261(r), OEC)
for the registration of voters in the polling
places, voting, counting of votes, or preparation 19)Wearing of uniforms and bearing arms;
of the election returns. (Sec. 261(p), OEC) Elements:
(a)During the campaign period, on the day
Exception: before and on election days:
- In cases of affray, turmoil, or disorder, any peace (i) The offender is any members of security
officer or public officer authorized by the or police organization of:
Commission to supervise the election is entitled (1) government agencies,commissions,
to carry firearms or any other weapon for the councils, bureaus, offices or
purpose of preserving order and enforcing the GOCCs; or
law. (Sec. 261(p), OEC) (2) Privately owned-owned or operated
security, investigative, protective or
17)Carrying firearms outside residence or place of intelligence agencies; and
business; (ii) The offender wears his uniform or uses his
Elements: insignia, decorations or regalia, or bears
(a) The offender is any person; arms outside the immediate vicinity of his
(b) The offender possess a permit to carry firearms; place of work. (Sec. 261(s), OEC)
(c) The offender carries any firearms outside his
residence or place or business during the Exceptions:
election period. (Sec. 261(q), OEC) 1. When said member is in pursuit of a person
who has committed or is committing a crime
Not Considered Residence or Place of Business - in the premises he is guarding;
A motor vehicle, water or air craft shall not be 2. When escorting or providing security for the
considered a residence or place business or transport of payrolls, deposits, or other
extension thereof. (Sec. 261(q), OEC) valuables; or
3. When guarding the residence of private
Exceptions: persons or when guarding the residence of
1. The carrying of firearms is authorized in writing private persons or when guarding private
by the Comelec; and residences, building offices with prior
2. Cashiers and disbursing officers while in the approval of the Comelec obtained. (Sec.
performance of their duties; or 261(s), OEC)

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
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(b)During the same period and ending 30 days (iii) AFP, special forces, home defense forces,
thereafter: barangay self-defense units and all other
(i) The offender is any members of the AFP, para-military units existing and organized
special forces, barangay self-defense hereafter; and
units and all other para-military units (c) The offender acts as a body or security guard of
existing or organized hereafter; and any public official, candidate or any other
(ii) The offender wears his uniform or bear person, and any of the latter who utilizes the
arms outside the camp, garrison or services of the former as bodyguard or security
barracks to which he is assigned or guard. (Sec. 261(t), OEC)
detailed or outside their homes. (Sec.
261(s), OEC) Exceptions:
1. After due notice and hearing, when the life and
All personnel of the Armed Forces authorized by security of of a candidate is in jeopardy, the
the President or the Commission to bear arms Comelec is empowered to assign at the
or wear their uniforms outside their camps and candidate’s choice, any members of the Philippine
all police and peace officers shall bear their true Constabulary or the police force of any
name, rank and serial number, if any, stitched in municipality within the province to act as his
block letters on a white background on the left bodyguard or security guard in a number to be
breast of their uniform, in letters and numbers of determined by the Comelec but not to exceeding
a clearly legible design at least two centimeters 3 per candidate; and
tall, which shall at all times remain visible and 2. When the circumstances require immediate
uncovered. (Sec. 261(s), OEC) action, the Comelec may issue a temporary order
allowing the assignment of any member of the
Exceptions: Philippine Constabulary or the local police force to
1. The President of the Philippines shall have act as bodyguard or security guard of the
given previous authority therefor, and the candidate, subject to confirmation or revocation.
Commission notified thereof in writing; (Sec. 261(t), OEC)
2. The Comelec authorizes him to do so,
which authority it shall give only when 21)Organization or maintenance of reaction forces,
necessary to assist it in maintaining free, strike forces, or other similar forces;
orderly and honest elections, and only after Elements:
notice and hearing. (Sec. 261(s), OEC) (a) The offender is any person; and
(b) The offender organizes or maintains a reaction
Confiscation of Firearms: force, strike force or similar force during the
- During the election period, whenever the election period. (Sec. 261(u), OEC)
Commission finds it necessary for the promotion
of free, orderly, honest and peaceful elections in a Submission to the Comelec:
specific area, it shall confiscate or order the - The heads of all reaction forces, strike forces, or
confiscation of firearms of any member or similar forces shall, not later than forty-five days
members of the Armed Forces of the Philippines, before the election, submit to the Comelec a
police forces, home defense forces, barangay complete list of all members thereof with such
self-defense units, and all other para-military units particulars as the Comelec may require. (Sec.
that now exist, or which may hereafter be 261(u), OEC)
organized, or any member or members of the
security or police organization, government 22)Prohibition against release, disbursement or
ministries, commissions, councils, bureaus, expenditure of public funds;
offices, instrumentalities, or government-owned Elements (Sec. 261(v), OEC):
or controlled corporations and other subsidiaries, (a) The offense is committed during:
or of any member or members of privately owned (i) 45 days before a regular election; and
or operated security, investigative, protective or (ii) 30 days before a special election;
intelligence agencies performing identical or (b) The offender is any public official or employee
similar functions. (Sec. 261(s), OEC) including barangay officials and those of GOCCs
and their subsidiaries; and
20)Policemen and provincial guards acting as (c) The offender releases, disburses or expends any
bodyguards or security guards; public funds for:
Elements: (i) Any and all kinds of public works;
(a) The offense is committed during the campaign Exceptions:
period, on the day before and on election day;
Exceptions Conditions
(b) The offender is: Imposed
(i) any member of the city or municipal
police; Maintenance of existing ● Not more than the
(ii) any provincial or sub-provincial guard; or and/or completed average number of

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(ii) The Ministry of Social Services and
public works project. laborers or
employees already Development and other office in other
employed therein ministries of the government performing
during the functions similar to said ministry;
6-month period Exceptions:
immediately prior - Salaries of personnel, and for such
to the beginning of other routine and normal expenses,
the 45-day period and for such other expenses as the
before election
Comelec may authorize after due
day shall be
permitted to work notice and hearing.
during such time.
● No additional When Calamity or Disaster Occur -
laborers shall be Should a calamity or disaster occur, all
employed for releases normally or usually coursed
maintenance work through the said ministries and offices of
within the said other ministries shall be turned over to,
period of 45 days.
and administered and disbursed by, the
Philippine National Red Cross, subject to
Work undertaken by Takay or Pacquiao
contract through public work system shall the supervision of the Commission on
bidding held, or by not be considered as Audit or its representatives, and no
negotiated contract work by contract. candidate or his or her spouse or member
awarded, before the of his family within the second civil degree
45-day period before of affinity or consanguinity shall
election. participate, directly or indirectly, in the
distribution of any relief or other goods to
Payment for the usual The number of such the victims of the calamity or disaster.
cost of preparation for laborers shall not be
(Sec. 261(v), OEC)
work drawings, increased over the
specifications, bills of number hired when
materials, estimates, the project or (iii) The Ministry of Human Settlements and
and other procedures projects were other office in any other ministry of the
preparatory to actual commenced government performing functions similar
construction including to said ministry.
the purchase of Exceptions - for salaries of personnel and
materials and for such other necessary administrative or
equipment, and all
other expenses as the Commission may
incidental expenses for
wages of watchmen authorize after due notice and hearing.
and other laborers (Sec. 261(v), OEC)
employed for such work
in the central office and 23)Prohibition against construction of public works,
field storehouses before delivery of materials for public works and
the beginning of such issuance of treasury warrants and similar devices;
period Elements:
(a) The offense is committed during the period of:
Emergency work
(i) 45 days preceding a regular election; and
necessitated by the
occurrence of a public (ii) 30 days before a special election;
calamity, but such work (b) The offender is any person; and
shall be limited to the (c) The offender either:
restoration of the (i) undertakes the construction of any public
damaged facility. works, except for projects or works
exempted in the preceding paragraphs; or
● No payment shall be made within 5 days before (ii) issues, uses or avails of treasury warrants
the date of election to laborers who have orany device undertaking future delivery of
rendered services in projects or works except money, goods or other things of value
those falling under Sec. 261(v)(1)(a-d), OEC. chargeable against public funds. (Sec.
● This prohibition shall not apply to ongoing public 261(w), OEC)
works projects commenced before the campaign
period or similar projects under foreign
24)Other Prohibitions:
agreements;
● It shall be the duty of the government officials or
1. Any person who sells, furnishes, offers, buys,
agencies concerned to report to the Comelec the serves or takes intoxicating liquor on the days
list of all such projects being under taken by fixed by law for the registration of voters in the
them. polling place, or on the day before the election or
on election day: Provided, That hotels and other

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establishments duly certified by the Ministry of application which on its face shows that the applicant
Tourism as tourist oriented and habitually in the possesses all such qualifications.
business of catering to foreign tourists may be 5. Any person who, being a registered voter, registers
exempted for justifiable reasons upon prior anew without filing an application for cancellation of
authority of the Commission: Provided, further, his previous registration.
That foreign tourists taking intoxicating liquor in 6. Any person who registers in substitution for another
said authorized hotels or establishments are whether with or without the latter's knowledge or
exempted from the provisions of this consent.
subparagraph. 7. Any person who tampers with or changes without
2. Any person who opens in any polling place or authority any data or entry in any voter's application
within a radius of thirty meters thereof on election for registration.
day and during the counting of votes, booths or 8. Any person who delays, hinders or obstruct another
stalls of any kind for the sale, dispensing or from registering.
display of wares, merchandise or refreshments, 9. Any person who falsely certifies or identifies another
whether solid or liquid, or for any other purposes. as a bona fide resident of a particular place or locality
3. Any person who holds on election day, fairs, for the purpose of securing the latter's registration as
cockfights, boxing, horse races, jai-alai or any a voter.
other similar sports. 10. Any person who uses the voter's affidavit of another
4. Refusal to carry election mail matter. - Any for the purpose of voting, whether or not he actually
operator or employee of a public utility or succeeds in voting.
transportation company operating under a 11. Any person who places, inserts or otherwise includes,
certificate of public convenience, including as approved application for registration in the book of
government-owned or controlled postal service voters or in the provincial or national central files of
or its employees or deputized agents who refuse registered voters, the application of any fictitious voter
to carry official election mail matters free of or any application that has not been approved; or
charge during the election period. In addition to removes from, or otherwise takes out of the book of
the penalty prescribed herein, such refusal shall voters or the provincial or national central files of
constitute a ground for cancellation or revocation registered voters any duly approved voter's
of certificate of public convenience or franchise. application, except upon lawful order of the
5. Prohibition against discrimination in the sale of Commission, or of a competent court or after proper
air time. - Any person who operates a radio or cancellation as provided in Sections 122, 123, 124
television station who without justifiable cause and 125 hereof.
discriminates against any political party, coalition 12. Any person who transfers or causes the transfer of the
or aggroupment of parties or any candidate in registration record of a voter to the book of voters of
the sale of air time. In addition to the penalty another polling place, unless said transfer was due to
prescribed herein, such refusal shall constitute a a change of address of the voter and the voter was
ground for cancellation or revocation of the duly notified of his new polling place.
franchise. (Sec. 261(dd), OEC) 13. Any person who asks, demands, takes, accepts or
possesses, directly or indirectly, the voter's affidavit of
ELECTION OFFENSES DURING REGISTRATION OF another, in order to induce the latter to withhold his
VOTERS: vote, or to vote for or against any candidate in an
1. Any person who, having all the qualifications and none election or any issue in a plebiscite or referendum. It
of the disqualifications of a voter, fails without shall be presumed prima facie that the asking,
justifiable excuse to register as a voter in an election, demanding, taking, accepting, or possessing is with
plebiscite or referendum in which he is qualified to such intent if done within the period beginning ten
vote. days before election day and ending ten days after
2. Any person who knowingly makes any false or election day, unless the voter's affidavit of another
untruthful statement relative to any of the data or and the latter are both members of the same family.
information required in the application for registration. 14. Any person who delivers, hands over, entrusts, gives,
3. Any person who deliberately imprints or causes the directly or indirectly his voter's affidavit to another in
imprinting of blurred or indistinct fingerprints on any of consideration of money or other benefit or promises
the copies of the application for registration or on the thereof, or takes or accepts such voter's affidavit
voter's affidavit; or any person in charge of the directly or indirectly, by giving or causing the giving of
registration of voters who deliberately or through money or other benefit or making or causing the
negligence, causes or allows the imprinting of blurred making of a promise thereof.
or indistinct fingerprints on any of the aforementioned 15. Any person who alters in any manner, tears, defaces,
registration forms, or any person who tampers with removes or destroys any certified list of voters.
the fingerprints in said registration records. 16. Any person who takes, carries or possesses any blank
4. Any member of the board of election inspectors who or unused registration form already issued to a city or
approves any application which on its face shows that municipality outside of said city or municipality except
the applicant does not possess all the qualifications as otherwise provided in this Code or when directed
prescribed by law for a voter; or who disapproves any by express order of the court or of the Commission.

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17. Any person who maliciously omits, tampers or 2. Any person who votes more than once in the same
transfers to another list the name of a registered voter election, or who, not being a registered voter, votes in
from the official list of voters posted outside the an election.
polling place. (Sec. 261(y), OEC) 3. Any person who votes in substitution for another
whether with or without the latter's knowledge and/or
consent.
“ELECTION OFFENSES UNDER THE VOTER’S
REGISTRATION ACT OF 1996” 4. Any person who, not being illiterate or physically
disabled, allows his ballot to be prepared by another,
(a) To deliver, hand over, entrust or give, directly or indirectly, his or any person who prepares the ballot of another who
voter’s identification card to another in consideration of is not illiterate or physically disabled, with or without
money or other benefit of promise; or take or accept such the latter's knowledge and/or consent.
voter’s identification card, directly or indirectly, by giving or 5. Any person who avails himself of any means of
causing the giving or money or other benefit or making or scheme to discover the contents of the ballot of a
causing the making of a promise therefore;
voter who is preparing or casting his vote or who has
(b) To fail, without cause, to post or give any of the notices or to
make any of the reports re-acquired under this Act; just voted.
(c) To issue or cause the issuance of a voter’s identification 6. Any voter who, in the course of voting, uses a ballot
number or to cancel or cause the cancellation thereof in other than the one given by the board of election
violation of the provisions of this Act; or to refuse the inspectors or has in his possession more than one
issuance of registered voters their voter’s identification card; official ballot.
(d) To accept an appointment, to assume office and to actually 7. Any person who places under arrest or detains a voter
serve as a member of the Election Registration Board without lawful cause, or molests him in such a manner
although ineligible thereto, to appoint such ineligible person
as to obstruct or prevent him from going to the polling
knowing him to be ineligible;
(e) To interfere with, impede, abscond for purpose of gain or to place to cast his vote or from returning home after
prevent the installation or use of computers and devices and casting his vote, or to compel him to reveal how he
the processing, storage, generation, and transmission of voted.
registration data or information; 8. Any member of the board of election inspectors
(f) To gain, cause access to use, alter, destroy, or disclose any charged with the duty of reading the ballot during the
computer data, program, system software, network, or any counting of votes who deliberately omits to read the
computer-related devices, facilities, hardware or equipment, vote duly written on the ballot, or misreads the vote
whether classified or declassified;
actually written thereon or reads the name of a
(g) Failure to provide certified voters and deactivated voters list
to candidates and heads of representatives of political parties candidate where no name is written on the ballot.
upon written request as provided in Section 30 hereof; 9. Any member of the board of election inspectors
(h) Failure to include the approved application form for charged with the duty of tallying the votes in the tally
registration of a qualified voter in the book of voters of a board or sheet, election returns or other prescribed
particular precinct or the omission of the name of a duly form who deliberately fails to record a vote therein or
registered voter in the certified list of voters of the precinct records erroneously the votes as read, or records a
where he is duly, registered resulting in his failure to cast his vote where no such vote has been read by the
vote during an election, plebiscite, referendum, initiative
chairman.
and/or recall. The presence of the form or name in the book
of voters or certified list of voters in precincts other than 10. Any member of a board of election inspectors who
where he is duly registered shall not be an excuse hereof; has made possible the casting of more votes than
(i) The posting of a list of voters outside or at the door of a there are registered voters.
precinct on the day of an election, plebiscite, referendum, 11. Any person who, for the purpose of disrupting or
initiative and/or recall, and which list is different in contents obstructing the election process or causing confusion
from the certified list of voters being used by the Board of among the voters, propagates false and alarming
Election Inspectors; and reports or information or transmits or circulates false
(j) Violation of the provisions of this Act. (Sec. 45, RA 8189)
orders, directives or messages regarding any matter
PENALTIES - Any person found guilty of any Election offense relating to the printing of official ballots, the
under this Act shall be punished with imprisonment of not less postponement of the election, the transfer of polling
than one (1) year but not more than six (6) years and shall not be place or the general conduct of the election.
subject to probation. In addition, the guilty party shall be 12. Any person who, without legal authority, destroys,
sentenced to suffer disqualification to hold public office and substitutes or takes away from the possession of
deprivation of the right of suffrage. If he is a foreigner, he shall be those having legal custody thereof, or from the place
deported after the prison term has been served. Any political where they are legally deposited, any election form or
party found guilty shall be sentenced to pay a fine of not less
document or ballot box which contains official ballots
than One hundred thousand pesos (P100,000) but not more than
Five hundred thousand pesos (P500,000). (Sec. 46, RA 8189) or other documents used in the election.
13. Any person having legal custody of the ballot box
containing the official ballots used in the election who
ELECTION OFFENSES DURING VOTING: opens or destroys said box or removes or destroys its
1. Any person who fails to cast his vote without contents without or against the order of the
justifiable excuse. Commission or who, through his negligence, enables
any person to commit any of the aforementioned acts,
or takes away said ballot box from his custody.

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14. Any member of the board of election inspectors who 3. Any member of the board of canvassers who
knowingly uses ballots other than the official ballots, proceeds with the canvass of votes and/or
except in those cases where the use of emergency proclamation of any candidate in the absence of
ballots is authorized. quorum, or without giving due notice of the date, time
15. Any public official who neglects or fails to properly and place of the meeting of the board to the
preserve or account for any ballot box, documents candidates, political parties, and/or other members of
and forms received by him and kept under his the board.
custody. 4. Any member of the board of canvassers who, without
16. Any person who reveals the contents of the ballot of authority of the Commission, uses in the canvass of
an illiterate or disabled voter whom he assisted in votes and/or proclamation of any candidate any
preparing a ballot. document other than the official copy of the election
17. Any person who, without authority, transfers the returns. (Sec. 261(aa), OEC)
location of a polling place.
18. Any person who, without authority, prints or causes ELECTION OFFENSES COMMON TO ALL BOARDS OF
the printing of any ballot or election returns that ELECTION INSPECTORS AND BOARD OF
appears as official ballots or election returns or who CANVASSERS:
distributes or causes the same to be distributed for 1. Any member of any board of election inspectors or
use in the election, whether or not they are actually board of canvassers who deliberately absents himself
used. from the meetings of said body for the purpose of
19. Any person who, without authority, keeps, uses or obstructing or delaying the performance of its duties or
carries out or causes to be kept, used or carried out, functions.
any official ballot or election returns or printed proof 2. Any member of any board of election inspectors or
thereof, type-form mould, electro-type printing plates board of canvassers who, without justifiable reason,
and any other plate, numbering machines and other refuses to sign and certify any election form required by
printing paraphernalia being used in connection with this Code or prescribed by the Commission although
the printing of official ballots or election returns. he was present during the meeting of the said body.
20. Any official or employee of any printing establishment 3. Any person who, being ineligible for appointment as
or of the Commission or any member of the member of any board of election inspectors or board of
committee in charge of the printing of official ballots canvassers, accepts an appointment to said body,
or election returns who causes official ballots or assumes office, and actually serves as a member
election returns to be printed in quantities exceeding thereof, or any of public officer or any person acting in
those authorized by the Commission or who his behalf who appoints such ineligible person knowing
distributes, delivers, or in any manner disposes of or him to be ineligible.
causes to be distributed, delivered, or disposed of, 4. Any person who, in the presence or within the hearing
any official ballot or election returns to any person or of any board of election inspectors or board of
persons not authorized by law or by the Commission canvassers during any of its meetings, conducts
to receive or keep official ballots or election returns or himself in such a disorderly manner as to interrupt or
who sends or causes them to be sent to any place not disrupt the work or proceedings to the end of
designated by law or by the Commission. preventing said body from performing its functions,
21. Any person who, through any act, means or device, either partly or totally.
violates the integrity of any official ballot or election 5. Any public official or person acting in his behalf who
returns before or after they are used in the election. relieves any member of any board of election
22. Any person who removes, tears, defaces or destroys inspectors or board of canvassers or who changes or
any certified list of candidates posted inside the causes the change of the assignments of any member
voting booths during the hours of voting. of said board of election inspectors or board of
23. Any person who holds or causes the holding of an canvassers without authority of the Commission. (Sec.
election on any other day than that fixed by law or by 261(bb), OEC)
the Commission, or stops any election being legally
held. ELECTION OFFENSES DURING CANDIDACY AND
24. Any person who deliberately blurs his fingerprint in the CAMPAIGN:
voting record. (Sec. 261(z), OEC) 1. Any political party which holds political conventions or
meetings to nominate its official candidates earlier that
ELECTION OFFENSES DURING CANVASSING: the period fixed in this Code.
1. Any chairman of the board of canvassers who fails to 2. Any person who abstracts, destroys or cancels any
give due notice of the date, time and place of the certificate of candidacy duly filed and which has not
meeting of said board to the candidates, political been cancelled upon order of the Commission.
parties and/or members of the board. 3. Any person who misleads the board of election
2. Any member of the board of canvassers who inspectors by submitting any false or spurious
proceeds with the canvass of the votes and/or certificate of candidacy or document to the prejudice of
proclamation of any candidate which was suspended a candidate.
or annulled by the Commission. 4. Any person who, being authorized to receive
certificates of candidacy, receives any certificate of

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candidacy outside the period for filing the same and succeeding election following his conviction or be
makes it appear that said certificate of candidacy was appointed to a public office for a period of one year
filed on time; or any person who, by means of fraud, following his conviction. (Sec. 264, OEC)
threat, intimidation, terrorism or coercion, causes or
compels the commission of said act.
C. PROCEDURES:
5. Any person who, by any device or means, jams,
obstructs or interferes with a radio or television
broadcast of any lawful political program. PROSECUTION:
6. Any person who solicits votes or undertakes any ● General Rule: The Comelec shall, through its duly
propaganda, on the day of election, for or against any authorized legal officers, have the exclusive power to
candidate or any political party within the polling place conduct preliminary investigation of all election offenses
or within a radius of thirty meters thereof. (Sec. 261(cc), punishable under the OEC, and to prosecute the same.
OEC) ● Exception: In the event that the Comelec fails to act on
any complaint within 4 months from his filing, the
complainant may file the complaint with the office of the
B. PENALTIES:
fiscal or with the Ministry of Justice for proper
investigation and prosecution,if warranted. (Sec. 265,
PERSONS CRIMINALLY LIABLE: OEC)
- The principals, accomplices, and accessories ○ The Comelec may avail of the assistance of other
(defined by the RPC) shall be criminally liable for prosecuting arms of the government. (Sec. 265,
election offenses. (Sec. 263, OEC) OEC)
- If the one responsible is a political party or an entity
- its president or head, the officials and employees ARREST IN CONNECTION WITH THE ELECTION
of the same, performing duties connected with the CAMPAIGN:
offense committed and its members who may be ● No person shall be arrested and/or detained at any time
principals, accomplices, or accessories shall be for any alleged offense committed during and in
liable. (Sec. 263, OEC) connection with any election through any act or
- This is in addition to the liability of such language tending to support or oppose any candidate,
party or entity. (Sec. 263, OEC) political party or coalition of political parties under or
pursuant to any order of whatever name or nature and
PENALTIES: by whomsoever issued except only upon a warrant of
● Any person found guilty of any election offense under arrest issued by a competent judge after all the
this Code shall be punished with imprisonment of not requirements of the Constitution shall have been strictly
less than one year but not more than six years and complied with.
shall not be subject to probation. ● If the offense charged is punishable under a presidential
○ In addition, the guilty party shall be sentenced decree whether originally or by amendment of a
to suffer disqualification to hold public office previous law, the death penalty shall not be imposed
and deprivation of the right of suffrage. upon the offender except where murder, rape or arson
○ If he is a foreigner, he shall be sentenced to is involved. In all cases, the penalty shall not be higher
deportation which shall be enforced after the than reclusion perpetua and the offender shall be
prison term has been served. entitled to reasonable bail upon sufficient sureties to be
○ Any political party found guilty shall be granted speedily by the competent court. Moreover,
sentenced to pay a fine of not less than ten loss of the right of citizenship and confiscation of
thousand pesos, which shall be imposed upon property shall not be imposed.
such party after criminal action has been ● Any officer or a person who shall violate any provision
instituted in which their corresponding officials of this section shall be punished by imprisonment of not
have been found guilty. less than six (6) years and one (1) day nor more than
● In case of prisoner or prisoners illegally released from twelve (12) years, with the accessory penalties for
any penitentiary or jail during the prohibited period as election offenses. The provision of Section 267 of this
provided in Section 261, paragraph (n) of this Code, Code shall not apply to prosecution under this section.
the director of prisons, provincial warden, keeper of (Sec. 266, OEC)
the jail or prison, or persons who are required by law to
keep said prisoner in their custody shall, if convicted PRESCRIPTION:
by a competent court, be sentenced to suffer the - Election offenses shall prescribe after five years
penalty of prision mayor in its maximum period if the from the date of their commission.
prisoner or prisoners so illegally released commit any - If the discovery of the offense be made in an
act of intimidation, terrorism of interference in the election contest proceedings, the period of
election. prescription shall commence on the date on which
● Any person found guilty of the offense of failure to the judgment in such proceedings becomes final
register or failure to vote shall, upon conviction, be and executory. (Sec. 267, OEC)
fined one hundred pesos. In addition, he shall suffer
disqualification to run for public office in the next JURISDICTION OF THE COURTS:

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a) RTC - exclusive original jurisdiction to try and decide d) Urban poor;
any criminal action or proceedings for violation of the e) Indigenous cultural communities;
OEC. f) Elderly;
b) MTC - exclusive original jurisdiction to try and decide g) Handicapped;
the offense of failure to register or failure to vote.(Sec. h) Women;
268, OEC) i) Youth;
j) Veterans;
From the decision of the courts, appeal will lie as in other k) Overseas workers; and
criminal cases. (Sec. 268, OEC) l) Professionals. (Sec. 5, RA 7941)

PREFERENTIAL DISPOSITION OF ELECTION Sectoral Organization - a group of citizens or a coalition of

OFFENSES: groups of citizens who share similar physical attributes or
● The investigation and prosecution of cases involving characteristics, employment, interests or concerns. (Sec.
violations of the election laws shall be given preference 3(e), RA 7941)
and priority by the Commission on Elections and
prosecuting officials. Coalition - an aggrupation of duly registered national,
○ Their investigation shall be commenced without regional, sectoral parties or organizations for political and/or
delay, and shall be resolved by the investigating election purposes. (Sec. 3(f), RA 7941)
officer within five days from its submission for
resolution. PURPOSE OF PARTY-LIST SYSTEM:
● The courts shall likewise give preference to election - To enable Filipino citizens belonging to
offenses over all other cases, except petitions for writ of marginalized and under-represented sectors,
habeas corpus. organizations and parties, and who lack
○ Their trial shall likewise be commenced without well-defined political constituencies but who could
delay, and shall be conducted continuously until contribute to the formulation and enactment of
terminated, and the case shall be decided appropriate legislation that will benefit the nation as
within thirty days from its submission for a whole, to become members of the House of
decision. (Sec. 269, OEC) Representatives. (Sec. 2, RA 7941)

MANIFESTATION TO PARTICIPATE IN THE PARTY-LIST

SYSTEM:
Chapter 7:
● General Rule: Any party, organization or coalition
PARTY-LIST SYSTEM
already registered with the Comelec need not register
anew.
● Exception: Such party, organization or coalition shall file
with the Comelec, not later than 90 days before the
A. PARTY-LIST:
election, a manifestation of its desire to participate in the
party-list system. (Sec. 4, RA 7941)
CONCEPT OF PARTY-LIST SYSTEM:
- It is a mechanism of proportional representation in REGISTRATION OF PARTY-LIST:
the election of representatives to the House of - Any organized group of persons may register as a
Representative from national, regional and sectoral party, organization or coalition for purposes of the
parties or organization or coalitions thereof party-list system by filing with the Comelec not
registered with the Comelec. (Sec. 3(a), EA 7941) later than 90 days before the election, a petition
verified by its president or secretary stating its
National Party - its constituency is spread over the desire to participate in the party-list system as a
geographical territory of at least a majority of the regions. national, regional or sectoral party or organization
(Sec. 3(c), RA 7941) or a coalition of such parties or organizations,
attaching thereto its constitution, by-laws, platform
Regional Party - its constituency is spread over the or program of government, list of officers, coalition
geographical territory of at least a majority of the cities and agreement and other relevant information as the
provinces comprising the region. (Sec. 3(c), RA 7941) Comelec may require. (Sec. 5, RA 7941)

Sectoral Party - an organized group of citizens belonging to GROUNDS FOR REFUSAL AND/OR CANCELLATION OF
any of the sectors enumerated in Sec. 5, RA 7941, whose REGISTRATION OF PARTY-LIST:
principal advocacy pertains to the special interest and 1) It is a religious sect or denomination, organization or
concerns of their sector. (Sec. 3(d), RA 7941) association, organized for religious purposes;
2) It advocates violence or unlawful means to seek its
Types of Sectors: goal;
a) Labor; 3) It is a foreign party or organization;
b) Peasant; 4) It is receiving support from any foreign government,
c) Fisherfolks; foreign political party, foundation, organization, whether

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
directly or through any of its officers or members or 5) Bona fide member of the party or organization which
indirectly through third parties for partisan election he/she seeks to represent for at least 90 days
purposes; preceding the day of the election; and
5) It violates or fails to comply with laws, rules or 6) At least 25 years of age on the day of the election.
regulations relating to elections; 7) In case of a nominee of the youth sector - He/She must
6) It declares untruthful statements in its petition; at least be 25 but not more than 30 years of age on the
7) It has ceased to exist for at least one (1) year; or day of the election. (Sec. 9, RA 7941)
8) It fails to participate in the last two (2) preceding
elections or fails to obtain at least two per centum (2%) MANNER OF VOTING:
of the votes cast under the party-list system in the two ● Every voter shall be entitled to 2 votes:
(2) preceding elections for the constituency in which it a) First Vote - a vote for candidate for member of
has registered. (Sec. 6, RA 7941) the House of Representatives in his/her
legislative district; and
b) Second Vote - a vote for the party,
NOTES: The Comelec may (motu proprio or upon verified
complaint of any interested party) refuse or cancel the organizations, or coalition he wants represented
registration of any national, regional or sectoral party, in the House of Representatives.
organization or coalition after due notice and hearing. (Sec. 6, RA ● A vote cast for a party, sectoral organization, or
7941) coalition not entitled to be voted for shall not be
counted. (Sec. 10, RA 7941)
CERTIFIED LIST OF REGISTERED PARTIES:
NUMBER OF PARTY-LIST REPRESENTATIVES:
- The Comelec shall prepare a certified list of
- The party-list representatives shall constitute 20%
national, regional or sectoral parties, organizations
of the total number of the members of the House of
or coalitions which have applied or who have
Representatives including those under the
manifested their desire to participate under the
party-list. (Sec. 11, RA 7941)
party-list system and distribute copies thereof to all
precincts for posting in the polling places on
Procedure in Allocating Seats for Party-List Representatives:
election day. (Sec. 7, RA 7941)
a) The parties, organizations, and coalitions shall be
- The names of the party-list nominees shall not be
ranked from the highest to the lowest based on the
shown on the certified list. (Sec. 7, RA 7941)
number of votes they garnered during the elections.
b) The parties, organizations, and coalitions receiving at
NOMINATION OF PARTY-LIST REPRESENTATIVES:
least 2% of the total votes cast for the party-list system
● Each registered party, organization or coalition shall
shall be entitled to one seat each;
submit to the COMELEC not later than forty-five (45)
c) Those garnering more than 2% of the votes shall be
days before the election a list of names, not less than
entitled to additional seats in proportion to their total
five (5), from which party-list representatives shall be
number of votes;
chosen in case it obtains the required number of votes.
d) Each party, organization, or coalition shall be entitled to
● A person may be nominated in one (1) list only.
not more than 3 seats. (Sec. 11 & 12, RA 7941)
○ Only persons who have given their consent in
writing may be named in the list.
HOW PARTY-LIST REPRESENTATIVES ARE CHOSEN:
○ The list shall not include any candidate for any
- Party-list representatives shall be proclaimed by
elective office or a person who has lost his bid
the COMELEC based on the list of names
for an elective office in the immediately
submitted by the respective parties, organizations,
preceding election.
or coalitions to the COMELEC according to their
○ No change of names or alteration of the order of
ranking in said list. (Sec. 13, RA 7941)
nominees shall be allowed after the same shall
have been submitted to the COMELEC except in
TERM OF OFFICE:
cases where the nominee dies, or withdraws in
● Party-list representatives shall be elected for a term of 3
writing his nomination, becomes incapacitated in
years which shall begin, unless otherwise provided by
which case the name of the substitute nominee
law, at noon on the thirtieth day of June next following
shall be placed last in the list.
their election.
○ Incumbent sectoral representatives in the House
● No party-list representatives shall serve for more than 3
of Representatives who are nominated in the
consecutive terms.
party-list system shall not be considered
● Voluntary renunciation of the office for any length of
resigned. (Sec. 8, RA 7941)
time shall not be considered as an interruption in the
continuity of his service for the full term for which he
QUALIFICATIONS OF PARTY-LIST NOMINEES:
was elected. (Sec. 14, RA 7941)
1) Natural-born citizen of the Philippines;
2) Registered Voter;
EFFECT OF CHANGE OF AFFILIATION:
3) Resident of the Philippines for a period of not less than
- Any elected party-list representative who changes
1 year immediately preceding the day of the election;
his political party or sectoral affiliation during his
4) Able to read and write;
term of office shall forfeit his seat: Provided, That if

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
he changes his political party or sectoral affiliation organizations. Sec. 60, OEC; (p. 522, Nachura
within 6 months before an election, he shall not be Political Law Outline, 2014)
eligible for nomination as party-list representative
under his new party or organization. (Sec. 15, RA GROUNDS FOR CANCELLATION OF REGISTRATION:
7941) 1. It is a religious sect or denomination, organization
or association, organized for religious purposes;
VACANCY IN THE PARTY-LIST REPRESENTATIVES’ 2. It advocates violence or unlawful means to seek its
SEAT: goal;
- The vacancy shall be automatically filled by the 3. It is a foreign party or organization;
next representative from the list of nominees in the 4. It is receiving support from any foreign government,
order submitted to the Comelec by the same party, foreign political party, foundation, organization,
organization or coalition, who shall serve for for the whether directly or through any of its officers or
unexpired ter, members or indirectly through third parties for
- If the list is exhausted, the party, organization partisan election purposes;
coalition concerned shall submit additional 5. It violates or fails to comply with laws, rules or
nominees. (Sec. 16, RA 7941) regulations relating to elections;
6. It declares untruthful statements in its petition;
RIGHT OF PARTY-LIST REPRESENTATIVES: 7. It has ceased to exist for at least one (1) year; or
- Party-List Representatives shall be entitled to the 8. It fails to participate in the last two (2) preceding
same salaries and emoluments as regular members elections or fails to obtain at least two per centum
of the House of Representatives. (Sec. 17, RA (2%) of the votes cast under the party-list system in
7941) the two (2) preceding elections for the constituency
in which it has registered. (Sec. 6, RA 7941)
B. POLITICAL PARTY:
NOTES: This is same grounds provided for the Party-List
registration.
CONCEPT OF POLITICAL PARTY:
- An 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 certain of its leaders and members as
candidates for public office. (Sec. 3(c), RA 7941)

TYPES OF POLITICAL PARTIES:

1) National Party
2) Regional Party
3) Sectoral Party (Atong Paglaum vs. Comelec, G.R. No.
203766, April 2, 2013)

ENTITIES OR GROUPS WHICH CANNOT BE

REGISTERED AS POLITICAL PARTIES:
1. Religious denominations or sects;
2. Groups which seek to achieve their goals through
violence or unlawful means;
3. Entities which refuse to uphold and adhere to the
Constitution; and
4. Association supported by foreign governments.
(Sec. 2(5), Art. IX-C, !987 Constitution)

REGISTRATION:
- In order to acquire juridical personality as a political
party, to entitle it to the benefits and privileges
granted under the Constitution and the laws, and in
order to participate in the party-lists system, the
group must register with the Commission on
Elections by filing with the Comelec not later than
90 days before the election a verified petition
stating its desire to participate in the party- list
system as a national, regional, sectoral party or
organization or a coalition of such parties or

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
government.
Part 3
LAW ON PUBLIC OFFICERS: Its creation and conferment of Powers are not conferred to it
office involves a delegation to and it does not exercises
the individual of some of the some sovereign functions
sovereign functions of
government
Chapter 1:
GENERAL CONCEPTS AND PRINCIPLES (Source: Sec. 2(14), Admin. Code; Laurel vs. Desierto, GR n.
145368, April 12, 2002)

C. DE FACTO OFFICERS:
A. PUBLIC OFFICE:

DE FACTO OFFICER:
PUBLIC OFFICE: - One who has the reputation of being the officer that
- The right, authority or duty, created and conferred by he assumes to be, and yet is not a good officer in
law, by which for a given period, either fixed or point of law. (Torres vs. Ribo, 82 Phil. 44)
enduring at the pleasure of the creating power, an
individual is invested with some sovereign power of LEGAL EFFECT OF ACTS OF A DE FACTO OFFICER:
government to be exercised by him for the benefit of - The acts of the de facto public officer (insofar as
the public. (Fernandez vs. Sto. Tomas, GR no. 116418, they affect the public) are valid, binding and with
March 7, 1995) full legal effect. (Monroy vs. CA, 20 SCRA 620)

ELEMENTS OF PUBLIC OFFICE: ELEMENTS OF A DE FACTO OFFICER:

(a) It is created by law or by authority of law; 1. Valid existing public office;
(b) It possess a delegation of a portion of the sovereign 2. Actual physical possession of said office; and
powers of government, to be exercised for the benefit 3. Colorable title to such office. (Tuanda vs.
of the public; Sandiganbayan, GR no. 110544, October 16, 1995)
(c) Powers conferred and duties imposed must be
defined, directly or impliedly, by the legislature or by Instances of Colorable Title:
legislative authority; a) By Reputation or Acquiescence - when the individual
(d) Duties must be performed independently and without has acted as an officer for such length of time that the
the control of a superior power other than the law, public believes that he is the public officer that he
unless they be those of an inferior or subordinate office assumes to be;
created or authorized by the legislature, and by it b) Officer failed to conform to a requirement imposed by
placed under the general control of a superior office or law - ie. he/she failed to took an oath of office;
body; and c) Ineligibility of the officer or want of authority of the
(e) Must have permanence or continuity. (p.445, Nachura, appointing or electing authority, or because of an
Outline in Political Law, 2014) irregularity in his appointment or election, such
ineligibility, want of authority or irregularity being
HOW ARE PUBLIC OFFICES CREATED? unknown to the public; or
1. By the Constitution (ex. Office of the President) d) A known appointment or election pursuant to an
2. By a valid statutory enactment (ex. Insurance unconstitutional law, before the law is declared
Commission); and unconstitutional. (pp. 451-452, Nachura, Outline in
3. By authority of law. (p.446, Nachura, Outline in Political Political Law, 2014)
Law, 2014)
ENTITLEMENT TO SALARIES:
B. PUBLIC OFFICER: ● General Rule: De Facto Officer is not entitled to salary.
Moreover, the rightful public officer may recover from a
de facto officer the salary received by the latter during
PUBLIC OFFICER: the time of his wrongful tenure, even though he entered
- A person who holds a public office. (p.445, into the office in good faith and under colorable title.
Nachura, Outline in Political Law, 2014) (Monroy vs. CA, 20 SCRA 620)
● Exception: When there is no De Jure Public Officer, the
DIFFERENCE BETWEEN OFFICER AND EMPLOYEE: De Facto Officer who in good faith has had possession
PUBLIC OFFICER: CLERK OR EMPLOYEE: of the office, and has discharged the duties pertaining
thereto, is legally entitled to the emoluments of the
A person whose duties (not A person whose duties are office, and may, in appropriate action, recover the
being clerical or manual in clerical or manual in nature salary, fees and other compensation attached to the
nature) involve the exercise of office. (p. 452, Nachura, Outline in Political Law, 2014)
discretion in the performance
of the functions of

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
The Supreme Court ruled that the award of salaries and
B. DISQUALIFICATIONS:
other emoluments improper, holding that petitioner Malaluan
was not a usurper but a De Facto Officer, having exercised
the duties of the elective office under color of election, after AUTHORITY TO PRESCRIBE DISQUALIFICATIONS:
having been declared winner by the RTC. (Malaluan vs. - It is the Legislature which has the right to prescribe
Comelec, GR no. 120193, March 6, 1996) disqualifications in the same manner that it can
prescribe qualifications, provided that the prescribed
disqualifications do not violate the Constitution. (p.448,
Nachura, Outline in Political Law, 2014)
Chapter 2:
ELIGIBILITY AND QUALIFICATIONS;
Although the mere filing of a criminal information for
DISQUALIFICATIONS AND INHIBITIONS
disloyalty was prima facie proof of guilt and, thus, sufficient
to disqualify a person from running for public office, the
Supreme Court held it was unconstitutional for being
contrary to the constitutional presumption of innocence.
A. QUALIFICATIONS:
(Dumlao vs. Comelec, 95 SCRA 400)

QUALIFICATIONS FOR PUBLIC OFFICERS: GENERAL DISQUALIFICATIONS UNDER THE

1. Endowments, qualities or attributes which make an CONSTITUTION:
individual eligible for public office: 1. No candidate who lost in an election shall, within 1 year
- The individual must possess the qualifications at after such election, be appointed to any office in
the time of appointment or election and Government or any government-owned or controlled
continuously for as long as the official relationship corporations (GOCCs) or in any of its subsidiaries.
continues. (Sec. 6, Art. IX-B, 1987 Constitution);
- Property qualifications may not be imposed for the 2. No elective official shall be eligible for appointment or
exercise of the right to run for public office. Hence, designation in any capacity to any public office or
a law which required each candidate to post a position during his tenure. (Sec. 7(1), Art. IX-B, 1987
bond upon filing his COC is unconstitutional. Constitution);
(Maquira vs. Borra, 15 SCRA 7) 3. Unless otherwise allowed by law or by the primary
functions of his position, no appointive official shall
hold any other office or employment in the Government
FRIVALDO vs. COMELEC
257 SCRA 727
or any subdivision, agency or instrumentality thereof,
including GOCCs or their subsidiaries. (Sec. 7(2), Art.
A public official begins to govern only upon his IX-B, 1987 Constitution)
proclamation and on the day that his term begins.
Philippine citizenship is required in order to ensure that no
FLORES vs. DRILON
alien shall govern our people.
GR no. 104732, June 22, 1993
Since Frivaldo took his oath of allegiance as Filipino on
The view that an elective official may be appointed to another
June 30, 1995, he was therefore qualified to be
post if allowed by law or by the primary functions of his office,
proclaimed.
ignores the clear-out difference in the wording of the two (2)
paragraphs of Sec. 7, Art. IX-B, of the Constitution. While the
2. The Act of entering into the performance of the second paragraph authorizes holding of multiple offices by an
functions of a public office: appointive official when allowed by law or by the primary
functions of his position, the first paragraph appears to be more
- Failure of an officer to perform an act required by
stringent by not providing any exception to the rule against
law could affect the officer’s title to the given office; appointment or designation of an elective official to other
- Prolonged failure to take the oath of office could government posts, except as are particularly recognized in the
result in forfeiture of the office. (Sec. 11, OEC) Constitution itself, e.g., the President as head of the economic
- An oath of office is a qualifying requirement for a and planning agency; 9 the Vice-President, who may be
public office. (Lecaroz vs. Sandiganbayan, GR no. appointed Member of the Cabinet; and, a member of Congress
130872, March 25, 1999) who may be designated ex officio member of the Judicial and
Bar Council.
LIMITATION ON PRESCRIBING THE QUALIFICATIONS:
In the case at bar, while Congress willed that the subject posts
(a) The qualifications must be germane to the objective’s be filled with a presidential appointee for the first year of its
for which the public office was created; and operations from the effectivity of R.A. 7227, the proviso
(b) The qualifications are not too specific as to fit a nevertheless limits the appointing authority to only one eligible,
particular, identifiable person, because that would i.e., the incumbent Mayor of Olongapo City. Since only one can
deprive the appointing authority of discretion in the qualify for the posts in question, the President is precluded from
selection of the appointee. (Flores vs. Drilon, GR no. exercising his discretion to choose whom to appoint. Such
104732, June 22, 1993) supposed power of appointment, sans the essential element of
choice, is no power at all and goes against the very nature itself
of appointment.

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
immediately preceding their appointment. (Sec. 1, Art
While it may be viewed that the proviso merely sets the IX-B-D; Sec. 8, Art. XI, 1987 Constitution);
qualifications of the officer during the first year of operations of 7. Members of Constitutional Commissions, the
SBMA, i.e., he must be the Mayor of Olongapo City, it is Ombudsman and his deputies are appointed to a term
manifestly an abuse of congressional authority to prescribe of 7 years, without reappointment. (Secs. 1(2), Arts.
qualifications where only one, and no other, can qualify. IX-B-D, Sec. 11, Art. XI, 1987 Constitution);
Accordingly, while the conferment of the appointing power on 8. The spouse and relatives by consanguinity or affinity
the President is a perfectly valid legislative act, the proviso within the fourth civil degree of the President shall not,
limiting his choice to one is certainly an encroachment on his
during his tenure, be appointed as Members of the
prerogative.
Constitutional Commissions, or the Office of the
As incumbent elective official, respondent Gordon is ineligible for Ombudsman, or as Secretaries, Undersecretaries,
appointment to the position of Chairman of the Board and Chief chairmen or heads of bureaus or offices, including
Executive Officer of SBMA; hence, his appointment thereto government-owned or controlled corporations and their
pursuant to a legislative act that contravenes the Constitution subsidiaries. (Sec. 13, last paragraph, Art. VII, 1987
cannot be sustained. He however remains Mayor of Olongapo Constitution)
City, and his acts as SBMA official are not necessarily null and
void; he may be considered a de facto officer, “one whose acts,
though not those of a lawful officer, the law, upon principles of
policy and justice, will hold valid so far as they involve the Chapter 3:
interest of the public and third persons, where the duties of the COMMENCEMENT OF OFFICIAL RELATIONS
office were exercised under color of a known election or
appointment, void because the officer was not eligible, or
because there was a want of power in the electing or appointing
body, or by reason of some defect or irregularity in its exercise,
such ineligibility, want of power or defect being unknown to the A. APPOINTMENT TO PUBLIC OFFICE:
public or under color of an election, or appointment, by or
pursuant to a public unconstitutional law, before the same is
adjudged to be such. MODES WHEN OFFICIAL RELATIONS ARE
COMMENCED:
(1) By Appointment; or
SPECIAL DISQUALIFICATIONS UNDER THE (2) By Election. (p.454, Nachura, Outline in Political
CONSTITUTION: Law, 2014)
1. The President, Vice-President, the Members of the
Cabinet, and their deputies or assistants shall not, APPOINTMENT, COMMISSION AND DESIGNATION:
unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. (Sec. 13, Appointment: The selection (by the authority vested with the
power) of an individual who is to perform the
Art. VII, 1987 Constitution);
functions of a given office.
2. No Senator or Member of the House of Representatives
may hold any other office or employment in the Commission: The written evidence of the appointment.
Government, or any subdivision, agency, or
instrumentality thereof, including government-owned or Designation: The imposition of additional duties (usually by
controlled corporations or their subsidiaries, during his law) on a person who is already in public
term without forfeiting his seat. Neither shall he be service.
appointed to any office which may have been created or
(Source: p.454, Nachura, Outline in Political Law, 2014)
the emoluments thereof increased during the term for
which he was elected. (Sec. 13, Art. VI, 1987
Constitution); B. CLASSIFICATION OF APPOINTMENTS:
3. The Members of the Supreme Court and of other courts
established by law shall not be designated to any
PERMANENT AND TEMPORARY APPOINTMENT:
agency performing quasi-judicial or administrative
functions. (Sec. 12, Art. VIII, 1987 Construction); PERMANENT TEMPORARY
4. No member of a Constitutional Commission shall, APPOINTMENT: APPOINTMENT:
during his tenure, hold any other office or employment.
(Sec 2, Art. IX-A, 1987 Constitution) The same A person possessing the A person who may not
disqualification applies to the Ombudsman and his requisite qualifications, possess the requisite
including the eligibility qualifications or eligibility
deputies. (Sec. 8, Art. XI, 1987 Constitution);
required, for the position, and required by law for the
5. The Ombudsman and his Deputies shall not be qualified protected by the constitutional position, and is revocable at
to run for any office in the election immediately guarantee of security of will, without the necessity of
succeeding their cessation from office. (Sec. 11, Art. XI, tenure. just cause or a valid
1987 Constitution); investigation.
6. Members of the Constitutional Commissions, the
Ombudsman and his deputies must not have been
Acting position is a temporary position and revocable in
candidates for any elective position in the elections
character. (Marohombsar vs. Alonto, 194 SCRA 391).

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Acquisition of the civil service eligibility by a temporary
appointee will not ipso facto convert the temporary Ad-Interim Appointment is a Permanent Appointment:
appointment into a permanent one. A new appointment is - An ad-interim appointment id a permanent
necessary. (Maturan vs. Maglana, 113 SCRA 268) appointment, and it's being subject to confirmation
does not alter its permanent character. (PLM vs.
An appointment to a position in the Career Service of the IAC, 140 SCR 22)
Civil Service does not necessarily mean that the
appointment is a permanent one and the appointee entitled
C. STEPS IN THE APPOINTING PROCESS:
to security of tenure. If the appointee does not possess the
qualifications for the position, the appointment is temporary
and may be terminated at will. (Achacoso vs. Macaraig, 1. FOR REGULAR APPOINTMENTS:
195 SCRA 235; De Leon vs. CA, GR no. 127182, January a. Nomination by the President;
22, 2001) b. Confirmation by the Commission on
Appointments (CoA);
The acceptance by the petitioner of a temporary c. Issuance of the commission; and
appointment resulted in the termination of the official d. Acceptance by the appointee.
relationship with his former permanent position. When the
temporary appointment was not renewed, the petitioner had 2. FOR AD-INTERIM APPOINTMENTS:
no cause to demand reinstatement thereto. (Romualdez III a. Nomination by the President;
vs. CSC, 197 SCRA 168) b. Issuance of the commission;
c. Acceptance by the appointee; and
If the petitioner holding a permanent appointment, accepted d. Confirmation by the CoA;
a temporary appointment (such temporary position shall not
exceed 12 months or 1 year), the petitioner could not claim 3. FOR APPOINTMENTS WHICH DO NOT REQUIRE
security of tenure upon the expiration of the 1-year period CONFIRMATION:
and demand reappointment or reinstatement. (Pabu-aya vs. a. Appointment by the appointing authority;
CA, GR no. 128082, April 18, 2001) b. Issuance of the commission; and
c. Acceptance by the appointee.
If the appointment is subject to conditions, the appointment
is not permanent. The appointee cannot claim a”complete
NOTE: The acceptance of the appointment by the
appointment’ as long as the re-evaluation to the appointee is the last act that completes the appointing
reorganization is still pending. (Sinon vs. CSC, 215 SCRA process. A person cannot be compelled to accept an
410) appointment to public office because it will amount to
involuntary servitude which is prohibited under Sec. 4,
REGULAR AND AD-INTERIM APPOINTMENT: Art. III, Constitution. (Lacaon vs. Romero, 84 Phil. 740)

REGULAR AD-INTERIM
APPOINTMENT: APPOINTMENT: 4. IF THE APPOINTMENT IS TO THE CAREER
SERVICE OF THE CIVIL SERVICE:
One made by the President One made while Congress is - Where the appointment is to the career service of
while the Congress is in not in session, before the Civil Service, attestation by the Civil Service is
session after the nomination is confirmation by the
required, otherwise, the appointment is not
confirmed by the Commission Commission on
on Appointments, and Appointments, is immediately deemed complete. (Tomali vs. CSC, GR no.
continues until the end of the effective, and ceases to be 110598, December 1, 1994)
term. valid if disapproved or
by-passed by the Commission POSITION MUST BE VACANT:
on Appointments upon the - For the appointment to be valid, the position must
next adjournment of be vacant. (Costin vs. Quimbo, 120 SCRA 159)
Congress.

GAYATAO vs. CSC

Classification of appointments into Regular and Ad-Interim 210 SCRA 183
can be used only when referring to the 4 categories of
appointments made by the President of the Philippines in If the reassignment by Customs Commission Mison of
the first sentence of Sec. 16, Art. VIII, 1987 Constitution, incumbent Customs Operations Chief Fernandez as Acting chief
namely: of the Export Division of the NAIA Customs House was illegal,
therefore, the subsequent appointment of Gayato as Customs
(a) Heads of executive departments;
Operations Chief was null and void because the position to
(b) Ambassadors, other public ministers and consuls;
which Gayato was appointed was not vacant.
(c) Officers of the AFP, from the rank of Colonel or
Naval Captain; and
(d) Officers whose appointments are vested in the DISCRETION OF APPOINTING AUTHORITY:
President under the Constitution. (Sarmiento - The appointing authority has the right of choice
vs.Mison, 156 SCRA 549; Calderon vs. Carale, 208 which he may exercise freely according to his best
SCR 254) judgment, deciding for himself who is the best

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
Morillo Notes
qualified among those who have the necessary jurisdiction of the Civil Service Commission, and not the
qualifications and eligibility. Thus, the final choice RTC. (Mateo vs. CA, 247 SCRA 284)
of the appointing authority should be respected
and left undisturbed. (CSC vs. De la Cruz, GR no. Jose Rodriguez Hospital is a government hospital exercising
158737, August 31, 2004) governmental functions, and it is within the coverage of the
Civil Service. (DOH vs. NLRC, 251 SCRA 700)
When the appointing authority has already exercised his
power of appointment, the CSC cannot revoke the same on Philippine National Red Cross (PNRC) is a GOCC with an
the ground that another employee is better qualified original charter under RA 95, as amended. Paid staff of the
because that will constitute an encroachment on the PNRC are government employees who are members of the
discretion vested in the appointing authority. (Aquino vs. GSIS and covered by the Civil Service Law.
CSC, 208 SCRA 240) (Camporedondo vs. NLRC, GR no. 129049, August 6,
1999)
While the Civil Service Law grants career service officers
preference in promotion under the “Next-in-Rank” Rule, it is
LRTA vs. VENUS
not mandatory that the appointing authority fill a vacancy by GR no. 163782, March 24, 2006
promotion,as the appointing authority should be allowed the
choice of men of his confidence, provided they are qualified LRTA being a government-owned corporation with an original
and eligible. (Espanol vs. CSC, 208 SCRA 715; Umoso vs. charter, employment therein is governed by civil service rules,
CSC, GR no. 110276, July 29, 1994) not by the Labor Code, and is beyond the reach of the DOLE.
However, METRO was originally organized under the Corporation
The phrase “upon recommendation of the Secretary of Code and became a GOCC only when it was acquired by LRTA.
Thus, it is the DOLE, not the Civil Service Commission that has
Justice” under Sec. 9, Book IV, Admin Code, should be
jurisdiction over disputes arising from the employment of its
interpreted to be a mere advise and indorsement, which is workers since METRO has no original charter.
essentially persuasive in character but is not binding or
obligatory, upon the person to whom it is made.
Accordingly, the discretion of the appointing authority still CLASSES OF SERVICE:
prevails. (Bermudez vs. Executive Secretary, GR no. 1. Career Service - entrance is based on merit and fitness
131429, August 4, 1999) to be determined, as far as practicable by competitive
examinations, or based on highly technical
JUDICIAL REVIEW OF APPOINTMENTS: qualifications, opportunity for advancement to higher
- An appointment is generally a political question so career positions, and security of tenure. (p. 462,
long as the appointee fulfilled the minimum Nachura, Outline in Political Law, 2014)
qualification requirements prescribed by law for the
position. Covered Positions:
- If the validity of the appointment is not challenged in a) Open career positions where prior qualification in
appropriate proceedings, the question of the an appropriate examination is required;
competence of the public officer is beyond the pale b) Closed career positions (eg. scientific or highly
of judicial inquiry. (Tanada vs. Philippine Atomic technical in nature);
Energy Commission, G.R. No. 70632 February 11, c) Career Executive Service (eg. undersecretaries,
1986) bureau directors, etc.) where the appointee is
- An action for usurpation of office may be brought only required to possess the appropriate Career
by one who claims valid title to the office. (Bongbong Executive Service Officer (CESO) eligibility;
vs. Parazo, 57 SCRA 623) d) Career officers (other than those belong to the
Career Executive Service) who are appointed by
the President;
D. APPOINTMENTS TO THE CIVIL SERVICE: e) Positions in the AFP, although governed by a
separate merit system;
SCOPE OF CIVIL SERVICE: f) Personnel of GOCCs with original charter; and
- The civil service embraces all branches, g) Permanent laborers, whether skilled semi-skilled or
subdivisions, instrumentalities, and agencies of the unskilled. (p. 462, Nachura, Outline in Political Law,
Government, including government-owned or 2014)
controlled corporations with original charters. (Sec.
2(1), Art. IX-B, 1987 Constitution) Requisites in order that an employee in the career
executive service may attain security of tenure:
The University of the Philippines (UP) is created by a special 1) Career Executive Service Eligibility;; and
law and have its own original charter. Therefore, it is clearly 2) Appointment to the appropriate career executive
part of the Civil Service. (UP vs. Regino, 221 SCRA 598) service rank. (General vs. Roco, GR nos, 143366 &
14354, January 29, 2001)
A quasi-public corporation (Morong Water District) created
by a special law is a government-owned corporation with an 2. Non-Career Service - entrance is based on other than
original charter. Accordingly, its employees fall within the those of the usual test utilized for the career service,

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tenure is limited to a period specified by law, or which is - This rule means that the one who is “next-in-rank”
co-terminous with that of the appointing authority or is given only preferential consideration for
subject to his pleasure, or which is limited to the promotion, but it does not follow that he alone and
duration of a particular project for which purpose the no one else can be appointed. (Panis vs. CSC,
employment was made. (p. 463, Nachura, Outline in Supra)
Political Law, 2014)
Automatic Reversion Rule:
The Civil Service Commission is expressly empowered to - All appointments involved in a chain of promotions
declare positions in the Civil Service as primarily must be submitted simultaneously for approval by
confidential. This signifies that the enumeration in the Civil the Commission. The disapproval of the
Service decree, which defines the non-career service, is not appointment of a person proposed to a higher
an exclusive list. The Commission can supplement this position invalidates the promotion of those in the
enumeration, as it did when it issued Memorandum Circular lower positions and automatically restores them to
no. 22, Series of 1991, specifying positions in the Civil their former positions. However the affected
Service which are considered primarily confidential and, persons are entitled to payment of salaries for
therefore, their occupants hold tenure coterminous with the services actually rendered at a rate fixed in their
officials they serve. (Montecillo vs. Civil Service promotional appointments. (Sec. 13, Book V,
Commission, GR no. 131954, June 28, 2001) Admin. Code-Implementing Rules)

Types of Co-terminous Positions:; Requisites of Automatic Reversion Rule:

a) Co-terminous with the Project: a) A series of promotions;
- When the appointment is co-existent with the b) All promotional appointments are
duration of a particular project for which purpose of simultaneously submitted to the CSC for
employment was made or subject to the availability approval; and
of funds for the same. c) The CSC disapproves the appointment of a
b) Co-terminous with the Appointing Authority: person to a higher position. (Divinagracia vs.
- When the appointment is co-existent with the Sto. Tomas, GR no. 110954, May 31, 1995)
tenure of the appointing authority or at his pleasure.
c) Co-terminous with the Incumbent: 2. APPOINTMENT THROUGH CERTIFICATION:
- When the appointment is co-existent with the - A person who has been selected from a list of
appointee, in that after the resignation, separation qualified persons certified by the CSC from an
or termination of the services of the incumbent, the appropriate register of eligibility, and who meets all
position shall be deemed automatically abolished. the qualifications prescribed for the position. (p.
d) Co-terminous with a Specific Period: 467, Nachura, Outline in Political Law, 2014)
- The appointment is for a specific period and upon
expiration thereof, the position is deemed 3. TRANSFER:
abolished (ex. Acting Officer) - A movement from one position to another which is
of equivalent rank, level salary without break in
REQUISITES FOR SUCH APPOINTMENTS: service. (p. 467, Nachura, Outline in Political Law,
● General Rules: Appointments in the civil service shall 2014)
be made only according to merit and fitness to be
determined, as far as practicable, and by competitive Unconsented Transfer Violates Security of tenure:
examination. - A transfer that results in promotion or demotion,
● Exception: Positions which are policy-determining, advancement or reduction, or a transfer that aims
primarily confidential, or highly technical. (Sec. 2(2), Art. to lure the employee away from his permanent
IX-B, 1987 Constitution) position, cannot be done without the employee’s
consent because that would constitute removal
from office. (Palma-Fernandez vs. de la Paz, 160
E. OTHER PERSONNEL ACTIONS:
SCRA 751)

1. PROMOTION: CHATO vs. NATIVIDAD

- A movement from one position to another with GR no. 113843, June 2, 1995
increase in duties and responsibilities as authorized
by law and usually accompanied by an increase in Supreme Court sustained the legality of the
pay. (p.466, Nachura, Outline in Political Law, 2014) reassignment of Bias from Pampanga to Cagayan,
after BIR Commissioner Chato had issued Revenue
Next-in-Rank Rule: Administrative Order No. 5-93 redefining the
jurisdiction and re-numbering the regional district
- The person next in rank shall be given preference in
offices of the BIR. The Court found that the private
promotion when the position immediately above his respondent failed to show patent illegality in the action
is vacated. However, the appointing authority still of the BIR Commissioner, saying that to sustain private
exercises discretion and is not bound by this rule. respondent’s contention that his transfer was a
(Panis vs. CSC, GR no. 102948, February 2, 1994) demotion simply because the new assignment is not

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unstained character prior to his finding of guilt. This
to his liking would be to subordinate government
projects, along with the great resources and efforts signifies that petitioner need no longer apply for
they entail, to individual preferences and opinions of reinstatement; he is restored to his office ipso facto
civil service employees; and this would negate the upon the issuance of the clemency, and he is
principle that public office is a public trust. entitled to back wages.

5. DETAIL:
The holder of a temporary appointment cannot claim a
- The movement of an employee from one agency to
vested right to the station to which assigned, nor to
another without the issuance of an appointment,
security of tenure thereat. He may be reassigned to any
and shall be allowed only for a limited period in the
place or station. (Teotico vs. Agda, 197 SCRA 675)
case of employees occupying professional,
technical and scientific positions. (Republic vs. CA,
Career Executive Service personnel can be shifted from
182 SCR 721)
one office to another without violating the right to
- It is temporary in nature.
security of tenure because their status and salaries are
based on their ranks and not on the positions to which
6. REASSIGNMENT:
they are assigned. (Cuevas vs. Bacal, GR no. 139382
- An employee may be reassigned from one
December 6, 2000)
organizational unit to another in the same agency,
provided that such reassignment shall not involve a
4. REINSTATEMENT:
reduction in rank, status or salary. (p. 470, Nachura,
- Any person who has been permanently appointed
Outline in Political Law, 2014)
to a position in the career service and who has,
- It is recognized as management prerogative vested
through no delinquency or misconduct, been
in the CSC and in any department or agency
separated therefrom, may be reinstated to a
embraced by it. However, it does not constitute
position in the same level for which he is qualified.
removal without cause. (p. 470, Nachura, Outline in
(p. 468, Nachura, Outline in Political Law, 2014)
Political Law, 2014)
Acquisition of Civil Service Eligibility is Not the Sole
Reassignment should have a Definite Date or
Factor for Reappointment - Private Respondent’s
Duration - The reassignment of the respondent was
subsequent acquisition of the appropriate civil service
deemed a violation of security of tenure. The lack of
eligibility is no reason to compel petitioners to reappoint
specific duration of the reassignment was tantamount to
private respondent. Acquisition of civil service eligibility
a floating assignment, thus a diminution in status or
is not the sole factor for appointment, other
rank. Likewise, the reassignment also removed
considerations are work performance, degree of
respondent’s power of suspension over 41 employees,
education, etc. (Gloria vs. Judge de Guzman, G.R. No.
thus deemed a diminution in status. (Padolina vs.
116183 October 6, 1995)
Fernandez, GR no. 133511, October 10, 2000)
Reinstatement is Discretionary - Reinstatement is
7. REEMPLOYMENT:
technically the issuance of a new appointment, which is
- Names of persons who have been appointed
essentially discretionary, such exercise of the
permanently to positions in the career service and
discretionary power cannot be controlled even by the
who have been separated as a result of reduction in
Courts, as long as it is properly exercised by the
force and/or reorganization shall be entered in a list
appointing authority. (Gloria vs. Judge de Guzman,
from which selection for re–employment shall be
Supra)
made. (p.470, Nachura, Outline in Political Law,
2014)
Effects of Pardon:
● Monsanto vs. Factoran (170 SCRA 190) - One
Career civil service employees separated from the service
who, because of conviction of a crime, has forfeited
not for cause but as a result of the reorganization pursuant
her right to public office but was extended a plenary
to Proclamation No. 3 dated March 25, 1986 and the
pardon by the President, cannot (by reason of the
reorganization following the ratification of this Constitution
pardon) demand reinstatement as a matter of right.
shall be entitled to appropriate separation pay and to
● Sabello vs. DECS, 180 SCRA 623) - A pardoned
retirement and other benefits accruing to them under the
elementary school principal should be reinstated to
laws of general application in force at the time of their
the same position and to the lower position of
separation. In lieu thereof, at the option of the employees,
classroom teacher b because there are no
they may be considered for employment in the Government
circumstances which would justify the reduction in
or in any of its subdivisions, instrumentalities, or agencies,
rank.
including government-owned or controlled corporations and
● Garcia vs. COA Chairman (GR no. L-75025,
their subsidiaries. This provision also applies to career
September 14, 1993) - When a person s given a
officers whose resignation, tendered in line with the existing
pardon because he did not truly commit the
policy, had been accepted. (Sec. 16, Art. XVIII, 1987
offense, the pardon relieves him from all punitive
Constitution)
consequences of his criminal act, thereby restoring
him to his clean name, good reputation and

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- One imposed by law upon a public officer wherein
the officer has the right to decide how and when
Chapter 4:
the duty shall be performed (Lamb v. Phipps,
POWERS, DUTIES, RIGHTS AND LIABILITIES
Supra).
OF PUBLIC OFFICERS
JUDGMENT vs. DISCRETION:
- Judgment is a judicial function, the determination
of a question of law. There is only one way to be
A. AUTHORITY OF PUBLIC OFFICERS:
right. Discretion is the faculty conferred upon a
court or other officer by which he may decide the
TYPES OF AUTHORITY OF PUBLIC OFFICERS: question either way and still be right (Asuncion v.
(a) Those expressly conferred upon him by the act de Yriarte, 28 Phil 67)
appointing him; - But discretion, as exercised, is limited to the
(b) Those expressly annexed to the office by law; and evident purpose of the act, i.e., sound and legal
(c) Those attached to the office by common law as discretion, not arbitrary, capricious or oppressive
incidents to it. (p.471, Nachura, Outline in Political Law, proceedings.
2014)
C. DUTIES OF PUBLIC OFFICERS:
Doctrine of Necessary Implication - all powers necessary
for the effective exercise of the express powers are deemed
impliedly granted. GENERAL CONSTITUTIONAL DUTIES OF PUBLIC
OFFICERS:
EXERCISED ONLY DURING THE TERM: a. To be accountable to the people, to serve them with
- The authority can be examined only during the term utmost responsibility, integrity, loyalty and efficiency as
when the public officer is, by law, invested with the well as to act with patriotism and justice, and to lead
rights and duties of the office. (Lao vs. To Chip, 158 modest lives. (Sec. 1, Art. XI, 1987 Constitution);
SCRA 243) b. To submit a declaration under oath of his assets,
liabilities and net worth upon assumption of office and
The decision promulgated by the division of the CA was as often thereafter as may be required by law. (Sec. 17,
ruled to be null and void, considering that it was Art. XI, 1987 Constitution);
promulgated after the justices had been notified of the c. To owe the State and Constitution allegiance at all
acceptance of their resignation. (Lao vs. To Chip, 158 times. (Sec. 18, Art. XI, 1987 Constitution)
SCRA 243)
Specific cases:
Although the effectivity of Judge de Guzman’s disability ● The Solicitor General’s duty to represent the
retirement was made retroactive to February 16, 1996, it government, its offices and instrumentalities and its
cannot be denied that at the time the subject decision was officials and agents — except in criminal cases or civil
promulgated on February 20, 1996, he was still the cases for damages arising from felony — is mandatory.
incumbent judge of the RTC Branch LX of Baguio City, and Although he has discretion in choosing whether or not
had, in fact, continued to hold said office and act as judge to prosecute a case or even withdraw therefrom, such
thereof until his application for retirement was approved in discretion must be exercised within the parameters set
June, 1996. Accordingly, the decision under review was held by law and with the best interest of the State as the
to have been validly promulgated. (People vs. Garcia, GR ultimate goal (Gonzales v. Chavez, 205 SCRA 817)
no. 126252, August 30, 1999) ● The government is not estopped from questioning the
acts of its officials, more so if they are erroneous or
irregular (Sharp International Marketing v. Court of
B. MINISTERIAL AND DISCRETIONARY POWERS:
Appeals, 154 SCRA 88)

MINISTERIAL POWER:
D. PROHIBITIONS:
- One the discharge of which by the officer
concerned is imperative and requires neither
judgment nor discretion (Lamb v. Phipps, 22 Phil 1. PARTISAN POLITICAL ACTIVITY:
456) ● General Rule: No officer or employee of the civil
- The exercise of ministerial powers may be service shall engage, directly or indirectly, in any
compelled (Corpus v. Commanding General, electioneering or partisan political campaign. (Sec.
Philippine Army). 2(4), Art. IX-B, 1987 Constitution).
- The Sheriff’s role in the execution of judgment is ● Exceptions:
purely ministerial; he has no discretion whether to ○ Expression of views on current political
execute a judgment or not. (Aristorenas v. Molina, problems or issues, or mention of the names of
A.M. No. P-94-1030, July 4, 1995). candidates for public office whom public officer
supports. (See Sec. 4, Art. III, 1987 Constitution)
DISCRETIONARY POWER:

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○ Those holding political offices but it shall be over him, are prohibited. (Laurel vs. CSC, 203
unlawful for them to solicit contributions from SCRA 195)
their subordinates or subject them to any of the ● Exceptions: Persons employed in a confidential
acts involving subordinates prohibited in the capacity, teachers, physicians, and members of the
Election Code. Thus, Cabinet members are AFP, provided that in each particular instance full
exempt from this prohibition. (Santos v. Yatco, report of such appointment shall be made to the
106 Phil. 745) CSC. (p.475, Nachura, Outline in Political Law,
○ Any person or any political party can engage in 2014)
election campaigns or partisan political activity
during the campaign period. (Sec. 79, OEC) Coverage of this Rule:
- All appointments, including designations, in the
Armed Forces: national, city and municipal governments, or in
● General Rule: No member of the military shall any branch or instrumentality thereof, including
engage directly or indirectly in any partisan GOCCs with original charters. (Laurel vs. CSC,
political activity. (Sec. 5(3), Art. XVI, 1987 Supra)
Constitution) - The original appointment and all subsequent
● Exception: personnel actions, such as promotion, transfer,
○ Right to vote (Sec. 5(3), Art. XVI, 1987 reinstatement, etc., must conform with the rule
Constitution); against nepotism. (Debulgado vs. CSC, GR no.
○ Non-active members or those in the reserve 111471, September 26, 1994)
force. (Cailles vs. Bonifacio, 124 SCRA 1)
Relative - those related within the third civil degree by
2. ADDITIONAL OR DOUBLE COMPENSATION: consanguinity or affinity. (p. 475, Nachura, Outline in
● General Rule: No elective or appointive public Political Law, 2014)
officer or employee shall receive additional, double,
or indirect compensation, unless specifically Respondent Vocational School Administrator of
authorized by law, nor accept without the consent Balicuatro College of Arts and Trades was found guilty
of the Congress, any present, emolument, office, or of nepotism, because although he did not appoint or
title of any kind from any foreign government. recommend his two sons to the positions of driver and
● Exception: Pensions or gratuities shall not be utility worker of the school, “the unseen but obvious
considered as additional, double, or indirect hand of the respondent” was behind the appointment.
compensation. (Sec. 8, Art. IX-B, 1987 (CSC vs. Dacoycoy, G no. 135805, April 29, 1999)
Constitution)
E. LIABILITIES OF PUBLIC OFFICERS:
3. PROHIBITION AGAINST LOANS:
- No loan, guaranty, or other form of financial
accommodation for any business purpose may be GENERAL RULE ON LIABILITY:
granted, directly or indirectly, by any ● General Rule: Public officer is not liable for injuries
government-owned or controlled bank or financial sustained by another as a consequence of official acts
institution to the President, the Vice-President, the done within the scope of his official authority.
Members of the Cabinet, the Congress, the ● Exceptions: When liability is provided by law.
Supreme Court, and the Constitutional ○ Public officer shall not be civilly liable for acts done
Commissions, the Ombudsman, or to any firm or in the performance of his official duties unless
entity in which they have controlling interest, during there is a clear showing of bad faith, malice or
their tenure. (Sec. 16, Art. IX-B, 1987 Constitution) negligence. (Sec. 38(1), Book I, Admin Code;
Blaquera vs. Alcala, R no. 109406, September 11,
4. LIMITATIONS ON LABORERS: 1998)
- Public officers shall not be assigned to perform ○ No subordinate officer or employee shall be civilly
clerical duties. (p.474, Nachura, Outline in Political liable for acts done by him in good faith in the
Law, 2014) performance of his duties. However, he shall be
liable for willful or negligent acts done by him
5. DETAIL OR REASSIGNMENT: which are contrary to law, morals, public policy and
- No detail or reassignment shall be made within good customs even if he acted under orders or
three months before any election without the instructions of his superiors. (Sec. 39, Book I,
approval of the Comelec. (p.474, Nachura, Outline Admin. Code)
in Political Law, 2014) ○ Local governments and their officials are not
exempt from liability for death or injury to persons
6. NEPOTISM: or damage to property. (Sec. 24, LGC)
● General Rule: All appointments made in favor of a
relative of the appointing or recommending STATUTORY LIABILITY:
authority, or of the chief of the bureau or office, or 1. Any person suffering moral or material loss because a
of the persons exercising immediate supervision public officer refuses or neglects, without just cause, to

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perform his official duty, may file an action for damages ● After his tenure, the Chief Executive cannot invoke
and other relief against the public officer. This is immunity from suit for civil damages arising out of acts
without prejudice to administrative disciplinary action done by him while he was President which were not
against the officer. (Art. 27, NCC) performed in the exercise of his official duties. (Estrada
2. Liability of public officers for violation of constitutional vs. Desierto, GR nos. 146710-15, march 2, 2001)
rights of individuals. (Art. 32, NCC) ● While the President is immune from suit, she may not
3. Liability of peace officers who fail to respond or give be prevented from instituting suit. (Soliven vs. Makasiar,
assistance to persons in danger of injury to life or 167 SCRA 393)
property. (Art. 34, NCC)
4. Any public officer who, without just cause, neglects to THREEFOLD LIABILITY RULE:
perform a duty within a period fixed by law or ● The wrongful acts or omissions of a public officer may
regulation, or within a reasonable period if none is give rise to civil, criminal and administrative liability.
fixed, shall be liable for damages to the private party ● An action for each can proceed independently of the
concerned without prejudice to such other liability as others. Dismissal of the criminal action does not
may be prescribed by law. (Sec. 38(2), Book I, Admin. foreclose the institution of an administrative action.
Code) (Office of the Court Administrator vs. Enriquez, 218
SCRA 1; Ocampo vs. Office of the Ombudsman, GR no.
LIABILITY ON CONTRACTS: 114683, January 18, 2000)
- Public officer shall be personally liable on contracts ● Relief from criminal liability does not carry with it relief
he enters if he acted without, or exceeded his, from administrative liability. (Police Commission vs.
authority. (p. 477, Nachura, outline in Political Law, Lood, 96 SCRA 819)
2014)
Quantum of Evidence:
TORTIOUS LIABILITY: a) Criminal Proceedings - Proof of guilt beyond
- Public officer shall be personally liable if he goes reasonable doubt.
beyond the scope of his authority, or exceeds the b) Civil Cases - Preponderance of evidence
powers conferred upon him by law. (p. 477, c) Administrative Cases - Substantial evidence.
Nachura, outline in Political Law, 2014) (Mollaneda vs. Umacob, GR no. 140128, June 6, 2001)

Public officials can be held personally accountable for acts LIABILITY OF MINISTERIAL OFFICERS:
claimed to be performed in connection with official duties 1. Nonfeasance - neglect or refusal to perform an act
where their actions are ultra vires or where there is a which is the officer’s legal obligation to perform.
showing of bad faith. The immunity granted to PCGG 2. Misfeasance - failure to use that degree of care, skill
officials under EO no. 1 is not an absolute immunity; it and diligence required in the performance of official
merely refers to immunity from liability for damages in the duty.
official discharge of their task. (Chavez vs. Sandiganbayan, 3. Malfeasance - the doing, through ignorance,
193 SCRA 282) inattention or malice, of an act which he had no legal
right to perform. (p.478, Nachura, Outline in Political
Unauthorized acts of government officials are not acts of Law, 2014)
State, and so the public officer may be held personally liable
in damages for such unauthorized acts. (Shauf vs. CA, 191 COMMAND RESPONSIBILITY:
SCRA 713) - A head of a department or a superior officer shall
not be civilly liable for the wrongful acts, omissions
Provincial officials of Cebu were held liable in their personal of duty, negligence or misfeasance of his
capacity for illegally and in bad faith, in dismissing subordinates, unless he has actually authorized by
employees in the Provincial Engineer’s Office because it was written order the specific act or misconduct
shown that the dismissal was effected for partisan political complained of. (Sec. 38(3), Chapter 9, Book I,
reasons. (Rama vs. CA, 148 SCRA 496) Admin. Code)

However, in the absence of malice, the provincial board

F. RIGHTS OF PUBLIC OFFICERS:
members who disapproved the appointments of laborers are
not personally liable. (Alinsugay vs. CA, 148 SCRA 521)
RIGHTS OF PUBLIC OFFICERS:
The police station commander who confiscated petitioner’s 1. Right To Office:
carabaos was held not personally liable in damages for 2. Right To Salary:
enforcing EO 626-A because the EO was presumptively 3. Right To Preference In Promotion:
valid, and it was his duty to enforce it. (Ynot vs. IAC, G.R. 4. Right To Vacation And Sick Leave:
No. 74457 March 20, 1987) 5. Right To Maternity Leave:
6. Right To Retirement Pay:
PRESIDENTIAL IMMUNITY FROM SUIT: 7. Other Rights:
● The privilege is enjoyed only during the tenure of the
President. SALARY:

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 ADMINISTRATIVE, PUBLIC OFFICERS & ELECTION LAW
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- The personal compensation to be paid to the public shortage, but not to apply the withheld amount to
officer for his services, and it is generally a fixed annual the alleged shortage for which her liability is still
or periodical payment depending on the time and not being litigated. (Santiago vs. COA, GR no. 146824,
on the amount of the services he may render. (p.479, November 21, 2007)
Nachura, Outline in Political Law, 2014)
Constitutional Provisions on Salary:
Salary vs. Wages: 1. The salaries of Senators and Members of the House of
Representatives shall be determined by law. No
Salary: Wage:
increase in said compensation shall take effect until
Compensation per annum Compensation paid day by after the expiration of the full term of all the Members of
day or week by week. the Senate and the House of Representatives
approving such increase. (Sec. 10, Art. VI, 1987
Salary is given to officers of higher degree of employment than Constitution)
those to whom wages are given. 2. The salaries of the President and Vice-President shall
be determined by law and shall not be decreased
during their tenure. No increase in said compensation
DIMAANDAL vs. COA shall take effect until after the expiration of the term of
291 SCRA 322 the incumbent during which such increase was
approved. They shall not receive during their tenure any
Petitioner, a Supply Officer II who was designated by the other emolument from the Government or any other
Provincial Governor as Assistant Provincial Treasurer for source. (Sec. 6, Art. VI, 1987 Constitution)
Administration, was declared not entitled to claim the 3. The salary of the Chief Justice and of the Associate
difference between the salary and representation Justices of the Supreme Court, and of judges of lower
allowance of Assistant Provincial Treasurer and Supply courts shall be fixed by law. During the continuance in
Officer II, because the Provincial Governor was without office, their salary shall not be decreased. (Sec. 10, Art.
authority to designate petitioner, the power being vested VIII, 1987 Constitution)
in the Secretary of Finance under the Local Government 4. No elective or appointive public officer or employee
Code. Because petitioner’s designation was without color shall receive additional, double, or indirect
of authority, the right to salary or to an allowance due compensation, unless specifically authorized by law,
from the said office never existed. nor accept without the consent of the Congress, any
present, emolument, office, or title of any kind from any
foreign government. (Sec. 8, Art. IX-B, 1987
Effect of Reorganization:
Constitution)
- Where, on account of reorganization, the position is
abolished, and the incumbent thereof requests
Salary Standardization:
retention and even accepts an appointment to a
- The Congress shall provide for the standardization of
lower position, she cannot demand that she be
compensation of government officials and employees,
paid the salary equivalent to that of her former
including those in government-owned or controlled
position, because she is now barred by estoppel
corporations with original charters, taking into account
from claiming the desired relief. (Manalo v. Gloria,
the nature of the responsibilities pertaining to, and the
G.R. No. 106692, September 1, 1994)
qualifications required for, their positions. (Sec. 5, Art.
IX-B, 1987 Constitution)
Salary cannot be garnished:
- RA 6758 (Salary Standardization Law) was
- The salary of a public officer cannot (by
passed in compliance with this provision.
garnishment, attachment, or order of execution) be
- The discretion of the Philippine Postal Corporation
seized before being paid to him, and appropriated
Board of Directors on the matter of personnel
to the payment of his debts. Agreements affecting
compensation is not absolute, as the same must
compensation are void as contrary to public policy.
strictly conform with RA 6758, in relation to the General
(p.480, Nachura, Outline in Political Law, 2014)
Appropriations Act. (Intia vs. COA, GR n. 131529, April
30, 1999)
Approval of the DBM:
- Compensation, allowances and other benefits
Separation Pay:
received by government officials and employees
- Career civil service employees separated from the
without the requisite approval or authority of the
service not for cause but as a result of the
Department of Budget and Management (DBM) are
reorganization pursuant to Proclamation No. 3 dated
unauthorized and irregular. (CHR Employees
March 25, 1986 and the reorganization following the
Assoc. vs. CHR, GR no. 155336, November 25,
ratification of this Constitution shall be entitled to
2004)
appropriate separation pay and to retirement and other
benefits accruing to them under the laws of general
Authority of the COA to Withhold Salary:
application in force at the time of their separation.
- The Commission on Audit (COA) has the authority
- In lieu thereof, at the option of the employees, they
to order the withholding of an officer’s salary and
may be considered for employment in the Government
other emoluments up to the amount of his alleged

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or in any of its subdivisions, instrumentalities, or days. A different rule would constitute deprivation
agencies, including government-owned or controlled of property without due process of law. (Peralta vs.
corporations and their subsidiaries. This provision also CSC, 212 SCA 425)
applies to career officers whose resignation, tendered
in line with the existing policy, had been accepted. RETIREMENT PAY:
(Sec. 16, Art. XVIII, 1987 Constitution) ● Retirement laws are liberally construed in favor of the
retiree. (Profeta vs. Drilon, 216 SCRA 777)
Preventive Suspension: ● The period when respondent was paid on a per diem
basis was held creditable for purposes of retirement, it
GLORIA vs. CA
GR no. 131012, APril 21, 1999 being clear that the per diem received was paid for
performance of services and not an allowance for
The employee has no right to compensation during preventive expenses incurred while the respondent was away from
suspension pending investigation, even if he is exonerated home base. (GSIS vs. CSC, 245 SCRA 179)
because in order to be entitled to payment of back salaries, it is ● It is a well-settled rule that the money value of the
not enough that an employee be exonerated of the charges terminal leave of a retiring government official shall be
against him. In addition, it must be shown that his suspension is computed at the retiree’s highest monthly salary.
unjustified. The preventive suspension of civil service employees
(Belicena vs. Secretary of Finance, GR no. 143190,
charged with dishonesty, oppression, grave misconduct or
neglect of duty, is authorized by the Civil Service Law. It cannot, October 17, 2001)
therefore, be considered “unjustified” even if later the charges
are dismissed. It is one of the sacrifices which holding a public OTHER RIGHTS:
office requires for the public good. 1. Right to reimbursement for expenses incurred in the
due performance of his duty. But a public officer who
However, if the penalty imposed by the disciplining authority is uses a government vehicle is not entitled to, nor can he
suspension or dismissal and, after review, the respondent is charge, a transportation allowance. (Domingo v.
exonerated, the civil service officer or employee is entitled not
Commission on Audit, G.R. No. 112371, October 7,
only to reinstatement but also to back salaries for the period of
preventive suspension pending appeal. 1998)
2. Right to be indemnified against any liability which they
may incur in the bona fide discharge of their duties.
Types of Preventive Suspension Punishable by Removal 3. Right to longevity pay.
or Suspension:
a) Preventive suspension pending investigation under Sec.
51, Book V, Title I, Subtitle A, Admin. Code; and
b) Preventive suspension pending appeal if the penalty Chapter 5:
imposed by the disciplining authority is dismissal and, TERMINATION OF PUBLIC OFFICIAL
after review, the respondent is exonerated under Sec.
47, ook V, Title I, Subtitle A, Admin. Code. (Gloria vs.
CA, Supra) MODES OF TERMINATING OFFICIAL RELATIONSHIP:
1. Expiration of term or tenure;
Right to Back Salaries of Illegal Dismissed Employee: - When a public officer hold office at the pleasure of
- An illegally dismissed government employee who is the appointing authority, hid being replaced shall
later ordered reinstated is entitled to back wages be regarded as termination through expiration of
and other monetary benefits from the time of his term, and not removal. (Astraquillo vs. Manglapus,
illegal dismissal up to his reinstatement. The “no 190 SRA 280)
work, no pay” policy cannot be applied, for such - If the Constitution provides that the term of office of
distressing state of affairs was not of her own local elective officials is 3 years, the Congress
making. (Constantino-David vs. Pangandaman- cannot, by a law calling for delayed elections,
Gania, GR no. 156039, August 14, 2003) effectively reduce the term. (Osmena vs. Comelec,
199 SCRA 750)
VACATION LEAVE AND SICK LEAVE:
- Elective local officials shall be entitled to the same Rules regarding Commencement of the Term of
leave privileges as those enjoyed by appointive Office:
local officials, including the cumulation and a) Where the statute fixes a period within which a
commutation thereof. (Sec. 81, LGC) chosen officer may arrange his affairs and
- Government employees, whether or not they have qualify for the office in a prescribed manner, his
accumulated leave credits, are not required by law term begins upon qualification.
to work on Saturdays, Sundays and holidays, and b) Where no time is fixed by law for the
thus cannot be declared absent on such commencement of his official term, it begins
non-working days. Accordingly, they cannot and from the date of appointment in cases of an
should not be deprived of their salary appointive office, or from the date of election, in
corresponding to said non- working days just case of an elective office.
because they were absent without pay on the day
immediately prior to, or after said non-working

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c) Where the law fixing the term of a public office In the press release containing his final statement, [i] he
is ambiguous, the one that fixes the term at the acknowledged the oathtaking of the respondent as
shortest period should be followed. President; [ii] he emphasized he was leaving the palace for
d) Where both the duration of the term of office the sake of peace and in order to begin the healing process
and the time of its commencement or (he did not say that he was leaving due to any kind of
termination are fixed by constitutional or disability and he was going to reassume the Presidency as
statutory provisions, a person elected or soon as the disability disappears); [iii] he expressed his
appointed to fill the vacancy in such office shall gratitude to the people for the opportunity to serve them as
hold the same only for the unexpired portion of President (without doubt referring to the past opportunity;
the term. [iv] he assured that he will not shirk from any future
e) Where only the duration of the term is fixed, but challenge that may come in the same service of the country;
no time is established for the beginning or end and [v] he called on his supporters to join him in the
of the term, the person selected to fill the promotion of a constructive national spirit of reconciliation
vacancy in such office may serve the full term and solidarity. (Estrada vs. GMA, GR no. 146738, March 2,
and not merely the unexpired balance of the 2001)
prior incumbent’s term.
f) Where an office is created, or an officer is A courtesy resignation is just as effectual as any other
appointed, for the purpose of performing a resignation. There can be no implied promise of another
single act or the accomplishment of a given position just because the resignation was made out of
result, the office terminates and the officer’s courtesy. Any express promise of another position, on the
authority ceases with the accomplishment of other hand, would be void, because there can be no
the purposes which called it into being. (p. 488, derogation of the discretion of the appointing power and
Nachura, Outline in Political Law, 2014) because its object is outside the commerce of man. Even
assuming that such promise was true, petitioner, as a
Hold-Over Principle - In the absence of any express ranking member of the bureaucracy, ought to have known
or implied constitutional or statutory provision to the that such promise offers no assurance in law that the same
contrary, the public officer is entitled to hold his office would be complied with. The time-honored rule is that
until his successor shall have been duly chosen and public office is a public trust and cannot be made subject of
shall have qualified. The purpose of this principle is to personal promises or negotiations by private persons.
prevent a hiatus in public service. (Lecaroz vs. (Collantes vs. CA, GR no. 169604, March 6, 2007)
Sandiganbayan, GR no. 130872, March 25, 1999)
Acceptance of resignation is necessary, because Art. 238 of
Art. 237, RPC, penalizes any public officer who shall the Revised Penal Code penalizes any public officer who,
continue to exercise the duties and powers of his before the acceptance of his resignation, abandons his
office beyond the period provided by law. office to the detriment of the public service.

2. Reaching the age limit: Officers Authorized to Accept Resignations:

- Compulsory Retirement Age: a) President - in case of governors, vice-governors,
- 70 years old for members of the Judiciary and mayors and vice-mayors of highly urbanized
- 65 years old for other government officers and cities and independent component cities.
employees [Note: Look on the new GSIS b) Governor - in case of municipal mayors and
Charters[ vice-mayors, city mayors and vice-mayors of
- Retirement Laws are liberally construed and component cities;
administered in favor of the persons intended to be c) Sanggunian Concerned - in case of sanggunian
benefited, and all doubts are resolved in favor of members;
the retiree to achieve their humanitarian purpose. d) City or Municipal Mayors - in case of barangay
(In RE: Amount of Monthly Pension of Judges, 190 officials. (Sec. 82, LGC)
SCRA 315; Conte vs. COA, 264 SCRA 19) e) Congress - in case of resignation of the President
and Vice-President;
3. Resignation; f) Senate or House of Representative - in case of
- The act of giving up or the act of a public officer by Members of Congress.
which he declines his office and enounces the
further right to use it. (Ortiz vs. Comelec, 162 SCRA Rules if the Law is Silent on Who shall Accept the
812) Resignation:
(a) If the public officer resigning is an appointive
Requisites of a Valid Resignation: officer – the tender shall be made with and
(a) It must be voluntary; accepted by the appointing authority;
(b) It must be accepted by competent authority, either (b) If an elective officer - the resignation shall be
expressly or impliedly; and made and accepted by the officer/s authorized by
(c) The date must be specified. (pp.490-492, Nachura, law to call an election in order to fill the vacancy.
Outline in Political Law, 2014)

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Effectivity Date of Resignation - the date specified in (b) No recall shall take place within 1 year from the
the tender. If no such date is specified, then date of the official’s assumption to office or 1
resignation shall be effective when the public officer year immediately preceding a regular local
receives notice of the acceptance of his resignation, election. (Sec. 74, LGC; Paras vs. Comelec, Gr
and not the date of the letter or notice of acceptance. no. 123169, November 4, 1996)
(Gamboa vs. CA, G.R. No. L-38068 September 30,
1981) 5. Removal;
- No officer or employee of the civil service shall be
4. Recall; removed or suspended except for cause provided
● The termination of official relationship of an elective by law. (Sec. 2(3), Art. IX-B, 1987 Constitution)
official for loss of confidence prior to the expiration - Grounds for removal, suspension or
of his term through the will of the electorate. dismissal of officers and employees in the
● Who may exercise? - By the registered voters of a Civil Service as provided under Sec. 36(b),
local government unit to which the local elective Civil Service Law.
official subject to such recall belongs. (Sec. 69, RA - Read also Sec. 5 and 7 of RA 6713.
LGC) - Removal not for a just cause, or non-compliance
● Procedure for Initiating Recall - Recall of a with the prescribed procedure constitutes a
provincial, city, municipal or barangay official shall reversible error, and entitles the officer or employee
be initiated upon petition by at least 25% of the to reinstatement with back salaries and without
total number of registered voters in the local loss of seniority rights. (Del Castillo vs. CSC, GR
government unit concerned during the election in no. 112513, August 21, 1997)
which the local official sought to be recalled was - Demotion is tantamount to unlawful removal if no
elected. cause is shown for it, or if it is not part of any
○ A written petition for recall duly signed before disciplinary action. (Floreza vs. Ongpin, 182 SCRA
the election registrar or his representative, 692)
and in the presence of a representative of the - Unconsented transfer resulting in demotion in rank
petitioner and representative of the official or salary is tantamount to removal without just
sought to be recalled, and in a public place in cause. (Palma-Fernandez vs. de la Paz, 160 SCRA
the province, city, municipality or barangay, 715)
as the case may be, shall be filed with the
Comelec through its office in the local 6. Abandonment;
government unit concerned. ● The voluntary relinquishment of an office by the
● Election on Recall - Upon the filing of a valid holder, with the intention of terminating his
petition for recall with the appropriate local office of possession and control thereof.
the Comelec, the Commission or its duly ● Failure to assume elective office within 6 months
authorized representative shall set the date for the from proclamation without just or valid cause, shall
election on recall, which shall not be later than 30 have the effect of vacating the office. (Sec. 11,
days after the filing of the resolution or petition in OEC)
the case of the barangay, city or municipal officials, ● Under Civil Service Rules, an officer or employee
and 45 days in the case of provincial officials. The shall be automatically separated from the service if
official or officials sought to be recalled shall he fails to return to the service after the expiration
automatically be considered as duly registered of 1-year leave of absence without pay. (Quezon
candidate or candidates to the pertinent positions vs. Borromeo, 149 SCRA 205)
and, like other candidates, shall be entitled to be
voted upon (Sec. 71, LGC) 7. Acceptance of an Incompatible office;
● Effectivity of Recall - The recall of an elective local - No Senator or Member of the House of
official shall be effective only upon the election and Representatives may hold any other office or
proclamation of a successor in the person of the employment in the Government, or any subdivision,
candidate receiving the highest number of votes agency, or instrumentality thereof, including
cast during the election on recall. Should the government-owned or controlled corporations or
official sought to be recalled receive the highest their subsidiaries, during his term without forfeiting
number of votes, confidence in him is thereby his seat. (Sec. 13, Art. VI, 1987 Constitution)
affirmed, and he shall continue in office [Sec. 72,
LGC) As distinguished from Forbidden Office:
● Prohibition from Resignation - The elective local
Incompatible Office: Forbidden Office:
official sought to be recalled shall not be allowed to
resign while the recall process is in progress (Sec. No Senator or Member of the Neither shall he be
73, LGC) House of Representatives may appointed to any office
● Limitations on Recall: hold any other office or which may have been
(a) Any elective local official may be the subject of employment in the created or the
a recall election only once during his term of Government, or any emoluments thereof
office for loss of confidence; subdivision, agency, or increased during the

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- Filing of an action for administrative remedy does
instrumentality thereof, term for which he was
including government-owned or elected. not suspend the period for filing the appropriate
controlled corporations or their judicial proceeding [quo warranto]. (Galano v.
subsidiaries, during his term Roxas, 67 SCRA 8). The one year period runs even
without forfeiting his seat. during the pendency of a motion for
reconsideration (Morales v. Patriarca, 13 SCRA 766)
Purpose: To prevent such Purpose: To prevent - Unless there are strong, compelling and special
members from owing loyalty to trafficking in public circumstances to warrant a different course, courts
another branch of government, office. will not entertain a petition for reinstatement filed
to the detriment of the
beyond the one-year period.
independence of the legislature
and the doctrine of separation - But in Cristobal v. Melchor, 78 SCRA 175, the
of powers. Supreme Court allowed the suit filed in 1971,
nine years after the petitioner was dismissed
from office, on grounds of equity.
GENERAL RULE: Acceptance of incompatible office
ipso facto vacates the other. There is no necessity for 10. Impeachment;
any proceeding to declare or complete the vacation of - It is the power of Congress to remove a public
the first office. (Adaza vs. Pacana, 135 SCRA 431). official for serious crimes or misconduct as
EXCEPTION: Where the public officer is authorized by provided in the constitution. (Corona vs. Senate,
law to accept the other office (Civil Liberties Union vs. GR no. 200242, May 9, 2008)
Executive Secretary, 194 SCRA 317)
Impeachable Officers:
8. Abolition of office; (a) President
- Congress has the right to abolish an office, even (b) Vice-President
during the term of which an existing incumbent (c) Supreme Court members
may have been elected, except when restrained by (d) Constitutional Commissions members; and
the Constitution. (p. 506, Nachura, Outline in (e) Ombudsman. (Sec. 2, Art. XI, 1987 Constitution)
Political Law, 2014)
Grounds for Impeachment:
Requisites for Abolition of Office: 1) Culpable violation of the Constitution;
1. The abolition must be made in good faith; 2) Treason;
2. With clear intent to do away with the office,, not 3) Bribery;
for personal or political reasons; and 4) Other High crimes;
3. Cannot be implemented in a manner contrary to 5) Graft and corruption;
law. (Mendoza vs. Quisumbing, 186 SCRA 108) 6) Betrayal of public trust.

Limitations: 11. Death;

● Constitutional offices cannot be abolished by - The death of the incumbent of an office necessarily
Congress; renders the office vacant.
● No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its 12. Failure to assume elective office within 6 months
members. (Sec. 2, Art. VIII, 1987 Constitution) from proclamation;
● It is within the legal competence of the city council - The office of any official elected who fails or refuses
to create, consolidate and reorganize city offices to take his oath of office within six months from his
and positions wholly supported by local funds. proclamation shall be considered vacant, unless
(Mama, Jr. v. Court of Appeals, 196 SCRA 489) said failure is for a cause or causes beyond his
control.” (Sec. 11, OEC)
The abolition of the position of Municipal Dentist on grounds
of fiscal restraint and economy was held invalid, because 13. Conviction of a crime;
after the abolition, new offices were created and salary - When the penalty imposed, upon conviction,
increases granted to municipal officers and employees. carries with it the accessory penalty of
(Ginson vs. Municipality of murcia, 158 SCRA 1) disqualification, conviction by final judgment
automatically terminates the official relationship.
The abolition of the various items of employees in the
Provincial Engineer’s Office of the Cebu was held to be 14. Filing of Certificate of Candidacy.
politically-motivated, and, thus, invalid. (Rama vs. CA, 148 - Any person holding a public appointive office or
SCRA 496) position, including active members of the Armed
Forces of the Philippines, and officers and
9. Prescription of the right to office; employees in government-owned or controlled
- A petition for reinstatement (after illegal ouster or corporations, shall be considered ipso facto
dismissal), or the recovery of the public office, must resigned from his office upon the filing of his
be instituted within one (1) year from the date the certificate of candidacy.” (Sec. 66, OEC)
petitioner is unlawfully ousted from his office.

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