admin election law reviewer

8/20/2019 Admin Election Law Reviewer

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ADMINISTRATIVE LAW- Branch of public law that fixes the

organization of the government anddetermines competence of authorities

who execute the law and indicates tothe individual remedies for the violationsof his rights.

I. ADMINISTRATIVE BODIES OR AGENCIES

- A body, other than the courts andthe legislature, endowed with quasi-legislative and quasi-judicial powers forthe purpose of enabling it to carry outlaws entrusted to it for enforcement orexecution.

How Created:1. by constitutional provision2. by legislative enactment and3. by authority of law.

II. POWERS OF ADMINISTRATIVEBODIES!1."uasi-legislative or rule-ma#ing

power2."uasi-judicial or adjudicatory power

and3.$eterminative powers.

A. QUASILEGISLATIVE OR RULE MA!ING POWER %n exercise of delegated legislative

power, involving no discretion as towhat law shall be, but merelyauthority to fix details in executionor enforcement of a policy set out inlaw itself.

!"#d$:1. &egislative regulation

a. 'upplementary or detailedlegislation, e.g. (ules and(egulations %mplementingthe &abor )ode

b. )ontingent regulation2. %nterpretative legislation, e.g.

B%( )irculars

Re%&"$"te$ 'or (a)"d e*er+"$e:1. %ssued under authority of law

2. *ithin the scope and purview of thelaw

3. +romulgated in accordance with the

prescribed procedure!

a. notice and hearing generally,not required only when!i. the legislature itself requires

it and mandates that the

regulation shall be based oncertain facts as determinedat an appropriateinvestigation

ii. the regulation is asettlement of a controversybetween specific partiesconsidered as anadministrative adjudication)ruz, Philippine

Administrative Law , p./ -01 or

iii. the administrative rule is in

the nature of subordinatelegislation designed toimplement a law byproviding its details CIR v.Court of Appeals, /23 ')(A/021.

b. publication . (easonable

Re%&"$"te$ 'or Va)"d"t, o' Ad-"#"$trat"(eR&)e$ W"t Pe#a) Sa#+t"o#$:3. law itself must declare as punishable

the violation of administrative rule

or regulation/. law should define or fix penalty

therefor and0. rule4regulation must be published.

Do+tr"#e o' S&/ord"#ate Le0"$)at"o# 1power of administrative agency topromulgate rules and regulations onmatters of their own specialization.

Do+tr"#e o' Le0"$)at"(e A22ro(a) /, Ree#a+t-e#t the rules and regulationspromulgated by the properadministrative agency implementing thelaw are deemed confirmed and approvedby the &egislature when said law was re-enacted by later legislation or throughcodification. 5he &egislature is presumedto have full #nowledge of the contentsof the regulations then at the time of re-enactment.

QUASILEGISLATIVEFUNCTIONS

QUASI3UDICIAL

FUNCTIONS


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3. consists ofissuance of rulesand regulations

3. refers to its endproduct calledorder, rewardor decision

/. generalapplicability

/. applies to aspecificsituation

0. prospective itenvisages thepromulgation ofa rule orregulationgenerallyapplicable in thefuture

0. presentdeterminationof rights,privileges orduties as ofprevious orpresent time oroccurrence

B. QUASI3UDICIAL OR AD3UDICATOR4POWER

• +roceedings parta#e of nature of

judicial proceedings.Administrative body grantedauthority to promulgate its ownrules of procedure.

Two #e+e$$ar, +o#d"t"o#$:1. due process and

2. jurisdiction

I#+)&de$ te 'o))ow"#0 2ower$:3. +rescribe rules of procedure/. 'ubpoena power0. )ontempt +ower

Ad-"#"$trat"(e D&e Pro+e$$:1. right to a hearing2. tribunal must consider evidence

presented3. decision must have something to

support itself

4. evidence must be substantial5. decision must be based on evidence

adduced at hearing or at leastcontained in the record anddisclosed to parties

6. board of judges must act on itsindependent consideration of factsand law of the case, and not simplyaccept view of subordinate inarriving at a decision and

7. decision must be rendered in such amanner that parties to controversycan #now various issues involved and

reason for decision rendered. AngTibay vs CIR, 26 +hil 2071

S&/$ta#t"a) E("de#+e 1 relevant

evidence as a reasonable mind mightaccept as adequate to support aconclusion.

Ad-"#"$trat"(e Deter-"#at"o#$ WereNot"+e a#d Hear"#0 Not Ne+e$$ar,:1. summary proceedings of distraint

and levy upon property of delinquenttaxpayer

2. grant of provisional authority forincrease of rates, or to engage inparticular line of business

3. cancellation of passport where no

abuse of discretion is committed4. summary abatement of nuisance per

se which affects safety of persons orproperty

5. preventive suspension of officer oremployee pending investigation and

6. grant or revocation of licenses forpermits to operate certainbusinesses affecting public order ormorals.

Ad-"#"$trat"(e A22ea) or Re("ew1. *here provided by law, appeal from

administrative determination may bemade to higher or superioradministrative officer or body.

2. By virtue of power of control of +resident, +resident himself orthrough $epartment 8ead mayaffirm, modify, alter, or reverseadministrative decision of subordinate.

3. Appellate administrative agency mayconduct additional hearing inappealed case, if deemed necessary.

Re$ 5&d"+ata e''e+t o' Ad-"#"$tr"t(eDe+"$"o#$- has the force and binding effect of afinal judgment note! applies only tojudicial and quasi judicial proceedingsnot to exercise of administrativefunctions, Brillantes vs. Castro 66 +hil.691

C. DETERMINATIVE POWERS3. enabling permit the doing of an act

which the law underta#es to

regulate


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/. directing order the doing orperformance of particular acts toensure compliance with the law andare often exercised for corrective

purposes0. dispensing to relax the general

operation of a law or to exempt fromgeneral prohibition, or relieve anindividual or a corporation from anaffirmative duty

. eamining - also called investigatorypower

7. summary power to applycompulsion or force against personsor property to effectuate a legalpurpose without judicial warrants toauthorize such actions.

III. E6HAUSTION OFADMINISTRATIVE REMEDIES

• *henever there is an available

administrative remedy providedby law, no judicial recourse canbe made until all such remedieshave been availed of andexhausted.

1. Do+tr"#e o' Pr"or Re$ort or7Do+tr"#e o' Pr"-ar, Ad-"#"$trat"(e3&r"$d"+t"o#8 where there iscompetence or jurisdiction vested

upon administrative body to actupon a matter, no resort to courtsmay be made before suchadministrative body shall have actedupon the matter.

1. Do+tr"#e o' F"#a)"t, o' Ad-"#"$trat"(e A+t"o# no resort tocourts will be allowed unlessadministrative action has beencompleted and there is nothing leftto be done in administrativestructure.

2. 3&d"+"a) Re)"e' 'ro- Treate#edAd-"#"$trat"(e A+t"o# courts willnot render a decree in advance of administrative action and therebyrender such action nugatory. %t is notfor the court to stop anadministrative officer fromperforming his statutory duty forfear he will perform it wrongly.

E''e+t o' Fa")&re to E*a&$tAd-"#"$trat"(e Re-ed"e$: as a generalrule, jurisdiction of the court is not

affected but the complaint is vulnerable

to dismissal due to lac# of cause of action.E*+e2t"o#$ to te Do+tr"#e:1. doctrine of qualified political agency

when the respondent is adepartment secretary whose acts asan alter ego of the +resident bearsthe implied and assumed approval of the latter1 except where lawexpressly provides exhaustion

2. administrative remedy is fruitless3. where there is estoppel on part of

administrative agency4. issue involved is purely legal5. administrative action is patently

illegal, amounting to lac# or excessof jurisdiction

6. where there is unreasonable delay orofficial inaction

7. where there is irreparable injury orthreat thereof, unless judicialrecourse is immediately made

8. in land case, subject matter isprivate land

9. where law does not ma#e exhaustiona condition precedent to judicialrecourse

10. where observance of the doctrinewill result in nullification of claim

11. where there are special reasons or

circumstances demanding immediatecourt action and

12. when due process of law is clearlyviolated.

IV. 3UDICIAL REVIEW OFADMINISTRATIVE DECISIONS

We# -ade:3. to determine constitutionality or

validity of any treaty, law,ordinance, executive order, orregulation

/. to determine jurisdiction of anyadministrative board, commissionor officer

0. to determine any other questionsof law and

. to determine questions of factswhen necessary to determineeither!a. constitutional or jurisdictional

issueb. commission of abuse of

authority and


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c. when administrative factfinding body is undulyrestricted by an error of law.

Mode$ o' re("ew:3. 'tatutory/. :on-statutory inherent power of

the court to review suchproceedings upon questions of jurisdiction and questions of law

0. $irect proceeding. )ollateral attac#.

Ge#era) R&)e: ;indings of facts of Administrative Agencies accorded greatweight by the )ourts.E*+e2t"o#$ to te R&)e:

1. factual findings not supported byevidence

2. findings are vitiated by fraud,imposition or collusion

3. procedure which led to factualfindings is irregular

4. palpable errors are committed and5. grave abuse of discretion,

arbitrariness or capriciousness ismanifest.

• Bra#de"$ Do+tr"#e o'

A$$"-")at"o# o' Fa+t$ 1 onepurports to be finding of fact butis so involved with anddependent upon a question of latter,courts will review theentire case including the latter.law as to be in substance and

effect a decision on the .


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San Beda College of Law5

MEMORY AID IN POLITICAL LAW

LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE

- right, authority and duty createdand conferred by law, by which for agiven period, either fixed by law orenduring at pleasure of creatingpower, and individual is vested withsome sovereign functions of government to be exercised by himfor the benefit of the public.!"ernande# vs $to Tomas% /0 ')(A72&

E)e-e#t$ o' P&/)"+ O''"+e: 7LSDIP83. created by )aw or ordinance

authorized by law/. possess $overeign functions of

government to be exercised forpublic interests

0. functions defined expressly orimpliedly by law

. functions exercised by an officerdirectly under control of law, notunder that of a superior officerunless they are functioned conferredby law upon inferior officers, who bylaw, are under control of a superior

duties performed "ndependently1and7. with 2ermanency or continuity, not

temporary or occasional.

Cara+ter"$t"+$:-+ublic office is a public trust.-+ublic office is not property and isoutside the commerce of man. %t cannotbe subject of a contract. !Cru#% Law onPublic 'fficers% p.(&

II. PUBLIC OFFICERS

- individuals vested with public office

C)a$$"'"+at"o# o' P&/)"+ O''"+er$:3.


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0. @nder color of a #nown electionor appointment, void because!a. the officer was not eligible

b. there was a want of power inthe electing or appointingbody

c. there was a defect orirregularity in its exercisesuch ineligibility, want of power, or defect beingun#nown to the public.

. @nder color of an election or anappointment by or pursuant to apublic, unconstitutional law,before the same is adjudged tobe such.

*ote+ ,ere% what is unconstitutional isnot the act creating the office% but theact by which the officer is appointed toan office legally eisting. !*orton v.County of $helby&

Re%&"$"te$:3. valid existing office/. actual physical possession of said

office0. color of title to office. by reputation or acquiescence

7. #nown or valid appointment orelection but officer failed toconform with legal requirements

2. #nown appointment or election butvoid because of ineligibility of officer or want of authority of appointing or electing authority orirregularity in appointment orelection not #nown to public and

9. #nown appointment or electionpursuant to unconstitutional lawbefore declaration of unconstitutionality.

DE 3UREOFFICER

DE FACTOOFFICER

3. rests on theright

3. on reputation

/. has lawful ortitle to theoffice

/. has possessionand performs theduties undercolor of rightwithout beingtechnically

qualified in all

points of law toact

0. cannot beremoved in adirectproceeding

0. may be ousted ina directproceedingagainst him.

DE FACTOOFFICER

INTRUDER

3. officer underany of the circumstancesmentioned

3. one who ta#espossession of anoffice andunderta#es toact officiallywithout any

authority, eitheractual orapparent

/. has color of right or title tooffice

/. has neitherlawful title norcolor of right ortitle to office

0. acts are valid asto the publicuntil such time

as his title tothe office isadjudgedinsufficient

0. acts areabsolutely voidand can be

impeached inany proceedingat any timeunless and untilhe continues toact for so long atime as to afforda presumption of his right to act

. entitled tocompensationfor servicesrendered

. not entitled tocompensation

Le0a) E''e+t$ o' A+t$- valid insofar as they affect the

publicE#t"t)e-e#t to Sa)ar"e$Ge#era) R&)e! rightful incumbent may

recover from de facto officer salaryreceived by latter during time of wrongful tenure even though latteris in good faith and under color of title.!-onroy v. CA% / ')(A 2/&

E*+e2t"o#: when there is no de ure

public officer, de facto officerPOLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!


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entitled to salaries for period whenhe actually discharged functions.Civil Liberties /nion v. 0ec. $ec.%36 ')(A 0391

Ca))e#0e to a De Fa+to O''"+er: must bein a direct proceeding where the titlewill be the principal issue

IV. COMMENCEMENT OF OFFICIALRELATIONS:

3. by appointment or/. by election

A22o"#t-e#t 1 selection, by authorityvested with power, of individual who isto perform functions of a given office.


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recommending authority or of the01 chief of the bureau or office or of the 1 persons exercising immediatesupervision over him. A relative is

one within the 0rd

degree either of consanguinity or affinity

Va+a#+, when an office is emptyand without a legally qualifiedincumbent appointed or elected to itwith a lawful right to exercise itspowers and performs its duties.

C)a$$"'"+at"o#$ o' (a+a#+,:1. original when an office is

created and no one has beenappointed to fill it

2. constructive when theincumbent has no legal rightor claim to continue in officeand can be legally replacedby another functionary

3. accidental when theincumbent having died,resigned, or been removed

4. absolute when the term of an incumbent having expiredand the latter not havingheld over, no successor is inbeing who is legally qualified

to assume the office.

V. POWERS AND DUTIES OF APUBLIC OFFICER:

3. Ministerial discharge is imperativeand requires neither judgment nordiscretion, mandamus will lie and

/. Discretionary imposed by lawwherein officer has right to decidehow and when duty shall beperformed, mandamus will not lie.

II. LIABILIT4 OF PUBLIC OFFICER

Ge#era) R&)e: not liable for injuriessustained by another as a consequenceof official acts done within the scope of his authority, except as otherwiseprovided by law.

A +ublic =fficer shall not be civillyliable for acts done in theperformance of his duties

E*+e2t"o#$:

1. statutory liability under the )ivil)ode Arts. /9, 0/ and 01

2. *hen there is a clear showing of badfaith, malice or negligence

Administrative )ode of 36D913. liability on contracts and4. liability on tort .

Tree'o)d L"a/")"t, R&)e 1 wrongfulacts or omissions of public officersmay give rise to civil% criminal, andadministrative liability. CAC liabilityrule1

L"a/")"t, o' M"#"$ter"a) O''"+er$:3. Nonfeasance neglect or refusal to

perform an act which is officerEs

legal obligation to perform/. Misfeasance failure to use that

degree of care, s#ill and diligencerequired in the performance of official duty and

0. Malfeasance doing, throughignorance, inattention or malice, of an act which he had no legal right toperform.

Do+tr"#e o' Co--a#d Re$2o#$"/")"t, A superior officer is liable for acts of

a subordinate when! 7ERCAL8

1. he negligently or willfully employs orretains unfit or incompetentsubordinates

2. he negligently or willfully fails torequire subordinate to conform toprescribed regulations

3. he negligently or +arelessly overseesbusiness of office as to furnishsubordinate an opportunity fordefault

4. he directed or authorized orcooperated in the wrong or

5. )aw expressly ma#es him liable.

@nder the (evised Admin. )ode of 36D9, A 'uperior =fficer shall beliable for acts of subordinate officersonly if he has actually authorized bewritten order the specific act ormisconduct complained.

'ubordinate officers are also liablefor willful or negligent acts even if he acted under orders if such actsare contrary to law, morals, publicpolicy and good customs

POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!


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Pre(e#t"(e S&$2e#$"o#- a precautionary measure so

that an employee who is formallycharged of an offense may be separated

from the scene of his allegedmisfeasance while the same is beinginvestigated Bautista v. Peralta, 3D')(A //01

- need not be preceded by priornotice and hearing since it is not apenalty but only a preliminary step in anadministrative investigation Lastimosav. 6as)ue# , /0 ')(A 691

- the period of preventive suspensioncannot be deducted from whatever

penalty may be imposed upon the erringofficer C$C Resolution *o. 78418991

PENDINGINVESTIGATION

9Se+.;< E.O.=>=?

PENDINGAPPEAL

9Se+.=@78< E.O.=>=?

1. not a penaltybut only a meansof enabling thedisciplinary

authority toconduct anunhamperedinvestigation.

1. +unitive incharacter

2. no compensationdue for theperiod ofsuspension evenif found innocentof the charges.

2. %f exonerated,he should bereinstated withfull pay for theperiod ofsuspension.

R&)e$ o# Pre(e#t"(e S&$2e#$"o#:

;. A22o"#t"(e O''"+"a)$*ot a Presidential Appointee 'ecs. 3-

/, +.$. D91!a. by whom the proper

disciplining authority maypreventively suspend

b. against whom any subordinateofficer or employee under suchauthority

c. when pending an investigationd. grounds if the charge against

such officer or employeeinvolves!

i. dishonestyii. oppression or gravemisconductiii. neglect in the performance

of duty oriv. if there are reasons to

believe that respondent isguilty of the charges whichwould warrant his removalfrom the service

e. duration the administrativeinvestigation must be terminatedwithin 6 days otherwise, therespondent shall beautomatically reinstated unlessthe delay in the disposition of the case is due to the fault,

negligence or petition of therespondent, in which case theperiod of delay shall not becounted in computing the periodof suspension.

A Presidential Appointee+a. can only be investigated and

removed from office after duenotice and hearing by the+resident of the +hilippinesunder the principle that Fthepower to remove is inherent in

the power to appointG as can beimplied from 'ec. 7, (.A.//26illalu# v. :aldivar , 37 ')(A931.

b. the Presidential Commission Against ;raft and Corruption+)AC)1 shall have the power toinvestigate administrativecomplaints against presidentialappointees in the executivedepartment of the government,including C=))s charged withgraft and corruption involvingone or a combination of thefollowing criteria!i. presidential appointees with

the ran# equivalent to orhigher than an Assistant(egional $irector

ii. amount involved is at least+3

iii. those which threatengrievous harm or injury tothe national interest and

POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!


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San Beda College of Law!


iv. those which may be assignedto it by the +resident 0.'.*o. 1(1 and 1(14A1.

/. E)e+t"(e O''"+"a)$: $ec 93% R.A.


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San Beda College of Law


and it is generally a fixedannual or periodical paymentdepending on the time andnot on the amount of the

service he may renderb. per diem allowance for

days actually spent in theperformance of officialduties

c. honorarium somethinggiven as not as a matter of obligation, but inappreciation for servicesrendered

d. fee payment for servicesrendered or on commissionon moneys officially passing

through their hands ande. emoluments profits arising

from the office, received ascompensation for services orwhich is annexed to theoffice as salary, fees, orperquisites.

0. Right to Preference in PromotionPro-ot"o# movement from oneposition to another with increasein duties and responsibilities asauthorized by law and usually

accompanied by an increase inpay.

Ne*t"#Ra# R&)e the personnext in ran# shall be givenpreference in promotion when theposition immediately above his isvacated. But the appointingauthority still exercises hisdiscretion and is not bound bythis rule. Appointing officer is only

required to give specialreasons for not appointingofficer next in ran# if he fillsvacancy by promotion indisregard of the next in ran#rule. Pineda vs. Claudio% /D')(A 0&

A&to-at"+ Re(er$"o# R&)e allappointments involved in chain of promotions must be submittedsimultaneously for approval bythe )ommission, the disapproval

of the appointment of a person

proposed to a higher positioninvalidates the promotion of those in the lower positions andautomatically restores them to

their former positions.

5. Right to vacation leave and sic>leave with pay?

(. Right to maternity leave?

9. Right to pension and gratuity?Pe#$"o# regular allowance paidto an individual or a group of individuals by the government inconsideration of servicesrendered or in recognition of

merit, civil or military.Grat&"t, a donation and an actof pure liberality on the part of the 'tate.


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San Beda College of Law"


the right to hold such office orposition arose1

3. "mpeachment33. death

3/. ' ailure to assume elective officewithin 2 months from proclamation

30. +onviction of a crime and3. filing of certificate of +andidacy.

*hen public officer holds office atpleasure of appointing power, hisreplacement amounts to expirationof his term, not removal.!Alaar vs

Alba% 3 +hil 2D0&

Pr"#+"2)e o' Ho)dO(er 1 if no express orimplied )onstitutional or statutory

provision to the contrary, public officeris entitled to hold office until successorhas been chosen and shall havequalified.

P&r2o$e: to prevent hiatus in publicoffice. But subject to Art. /09 of (+)1

Ret"re-e#t: embers of Hudiciary ! 9 years of

age

=ther government officers andemployees ! 27 years of age

=ptional retirement age! afterrendition of minimum number of years of service.

A++e2t"#0 A&tor"t, 'or Re$"0#at"o#:3. to competent authority provided by

law/. %f law is silent and public officer is

appointed, tender to appointingofficer

0. %f law is silent and public officer iselected, tender to officer authorizedby law to call election to fillvacancy!a. +resident and ?ice-+resident -

)ongressb. embers of )ongress -

respective )hamberse. Covernors, ?ice Covernors,

ayors and ?ice ayors of 8@)Esand independent componentcities - +resident.

f. unicipal ayors and ?iceayors4)ity ayors and ?iceayors of component cities -

+rovincial Covernor

g. 'anggunian embers 'anggunian concerned and

h.


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San Beda College of Law#


local official sought to berecalled was electedi. written petition filed with

the )=


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San Beda College of Law$


- right to vote in election of officers chosen by people and inthe determination of questionssubmitted to people. %t includes!

3.election/.plebiscite0.initiative and.referendum.

E)e+t"o# means by which peoplechoose their officials for a definiteand fixed period and to whom theyentrust for time being the exerciseof powers of government.!"#d$:3. Regular election one provided

by law for election of officers

either nationwide or in certainsubdivisions thereof, afterexpiration of full term of formermembers and

/. $pecial election one held to fillvacancy in office beforeexpiration of full term for whichincumbent was elected.

Fa")&re o' E)e+t"o#$ there areonly 0 instances where a failure of elections may be declared, namely!

a. 5he election in any polling

place has not been held onthe date fixed on account of

force maeure, violence,terrorism, fraud, or otheranalogous causes

b. 5he election in any pollingplace had been suspendedbefore the hour fixed by lawfor the closing of the votingon account of forcemaeure% violence,terrorism, fraud, or otheranalogous causes and

c. After the voting and duringthe preparation andtransmission of the electionreturns or in the custody orcanvass thereof suchelection results in a failureto elect on account of forcemajeure, violence,terrorism, fraud or otheranalogous causes. osephPeter $ison v. C'-0L0C%C.(. :o. 3062, arch 0,

36661

• *hat is common in these

three instances is theresulting failure to elect. %n

the first instance, noelection is held while in thesecond, the election issuspended. %n the thirdinstance, circumstancesattending the preparation,transmission, custody orcanvass of the electionreturns cause a failure toelect. 5he term failure toelect means nobody emergedas a winner. !Pasandalan vs.Comelec% ;.R. *o. 1(8312%

uly 1@% 28821• 5he causes for the

declaration of a failure of election may occur before orafter the casting of votes oron the day of the election.$ec. 5% R.A.


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election paraphernalia or records, force maeure% or other analogouscause of such a nature that theholding of a free, orderly and honest

election becomes impossible in anypolitical subdivision. $ec. (% B.P.@@1&

• 5he )=


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political parties registered underparty-list system shall beentitled to appoint poll watchersin accordance with law and

part-list representatives shallconstitute /I of total numberof representatives in the 8ouse.

G&"de)"#e$ 'or $+ree#"#0 2art,)"$t2art"+"2a#t$1. 5he political party, sector,

organization or coalition mustrepresent the marginalized andunderrepresented groups identifiedin 'ec. 7 of (A 963. ajority of itsmember-ship should belong to themarginalized and underrepresented

2. *hile even major political partiesare expressly allowed by (A 963 andthe )onstitution, they must complywith the declared statutory policy of F;ilipino citizens belonging tomarginalized and under-representedsectors to be elected to the 8ouse of (epresentativesG. 5hus, they mustshow that they represent theinterest of the marginalized andunderrepresented.

3. 5hat religious sector may not berepresented in the party-list system

except that priests, imam or pastorsmay be elected should theyrepresent not their religious sect butthe indigenous community sector

4. A party or an organization must notbe disqualified under 'ec. 2, (A 963as follows!a. it is a religious sect or

denomination, organization orassociation organized forreligious purposes

b. it advocates violence or unlawfulmeans to see# its goals

c. it is a foreign party ororganization

d. it is receiving support from anyforeign government, foreignpolitical party, foundation,organization, whether directly orthrough any of its officers ormembers or indirectly throughthird parties for partisanelection purposes

e. it violates or fails to comply withlaws, rules or regulation relating

to elections

f. it declares untruthful statementsin its petition

g. it has ceased to exist for at leastone 31 year or

h. it fails to participate in the lasttwo /1 preceding elections orfails to obtain at least two percentum /I1 of the votes castunder the party-list system intwo /1 preceding elections forthe constituency in which it hasregistered.

5. the party or organization must notbe an adjunct of, or a projectorganized or an entity funded orassisted by, the government.

6. the party, including its nominees

must comply with the qualificationrequirements of section 6, (A 963as follows! F:o person shall benominated as party-listrepresentative unless he is! a1natural-born citizen of the+hilippines b1 a registered voterc1 a resident of the +hilippines for aperiod of not less than one yearimmediately preceding the day of the election d1 able to read andwrite e1 a bona fide member of theparty or organization which he see#s

to represent for at least 6 dayspreceding the day of the electionand f1 at least /7 years of age onthe day of the election. %n case of anominee of the youth sector, hemust at least be twenty five /71 butnot more than thirty 01 years of age on the day of the election. Anyyouth sectoral representative whoattains the age of thirty 01 duringhis term shall be allowed to continuein office until the expiration of histermsG

7. not only the candidate party ororganization must representmarginalized and underrepresentedsectors, so also must its nominees

8. while lac#ing the a well-definedpolitical constituency, the nomineemust li#ewise be able to contributeto the formation and enactment of appropriate legislation that willbenefit the nation as a whole. Ang

Bagong Bayani4'" Labor Party% v.POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!


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C'-0L0C% C( :o. 397D6, Hune /2,/31.

III. DISQUALIFICATION OF

CANDIDATES:3. declared as incompetent or insane

by competent authority/. convicted by final judgment for

subversion, insurrection, rebellion orany offense for which he has beensentenced to a penalty of 3D monthsimprisonment

0. convicted by final judgment forcrime involving moral turpitude

. any person who is permanentresident of or immigrant to a foreigncountry and

7. one who has violated provisions on!a. campaign periodb. removal, destruction of lawful

election propagandac. prohibited forms of propagandad. regulation of propaganda

through mass media ande. election offenses.

- *hen a candidate has not yet beendisqualified by final judgment duringthe election day and was voted for,the votes cast in his favor cannot be

declared stray. 5o do so wouldamount to disenfranchising theelectorate in whom sovereigntyresides. Codilla vs. ,on. ose e6enecia, C.(. :o. 3727, $ecember3, //1

N&"$a#+e Ca#d"date )=


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L"-"tat"o# o# E*2e#$e$:1. for candidates+

+resident and ?ice +residentL +34voter

=ther candidates, if withparty L +04voter

=ther candidates, if withoutparty L +74voter.

/. for political parties L +74voter

State-e#t o' Co#tr"/&t"o# a#dE*2e#$e$ every candidate and treasurer of

political party shall, within 0 daysafter day of election, file offices of )=


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Co#te$t! any matter involving title orclaim of title to an elective office, madebefore or after proclamation of winner,

whether or not contestant is claimingoffice in dispute.E)e+t"o#< Ret&r#$ a#d %&a)"'"+at"o# refers to all matters affecting validity of the contesteeEs title to the position.

E)e+t"o# conduct of the polls,including the registration of voters,holding of election campaign, andcasting and counting of votes.

Ret&r#$ include the canvass of returns and proclamation of winners,

together with questions concerningcomposition of Board of )anvassersand authenticity of election returns.

Q&a)"'"+at"o#$ matter which couldbe raised in a )uo warrantoproceedings against the proclaimedwinner, such as his disloyalty to the(epublic or his ineligibility orinadequacy of his certificate of candidacy.

Or"0"#a) E*+)&$"(e 3&r"$d"+t"o# O(er

E)e+t"o# Co#te$t$1. +resident and ?ice-+resident -

$upreme Court en banc2. 'enator - $enate 0lectoral Tribunal 3. (epresentative - ,R 0lectoral

Tribunal5. (egional4+rovincial4)ity - C'-0L0C(. unicipal - RTC9. Barangay - -TC

A22e))ate 3&r"$d"+t"o#:3. ;or decisions of (5) and 5)

appeal to )=


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San Beda College of Law"!


person, association, corporation,entity, or community in order toinduce anyone or the public ingeneral to vote for or against

any candidate or withhold hisvote in the election, or to votefor or against any aspirant forthe nomination or choice of acandidate in a convention orsimilar selection process of apolitical party./1 Any person, association,corporation, group or communitywho solicits or receives, directlyor indirectly, any expenditure orpromise of any office oremployment, public or private,

for any of the foregoingconsiderations. 'ec. /23, B.+.DD31

• =ne of the effective ways of

preventing the commissionof vote-buying and of

prosecuting thosecommitting it is the grant of immunity from criminalliability in favor of the

party !personDs& whose votewas bought. 5his grant of immunity will encourage therecipient or acceptor tocome into the open anddenounce the culprit-candidate, and will ensurethe successful prosecution of the criminal case against the

latter. !Comelec vs. ,on.Tagle% ;.R. *os. 15@75@ E15@7(1% "ebruary 1>;7R.A. @;8

E''e+t"("t,! Hanuary 3, 366/

S+o2e o' A22)"+at"o# o' Lo+a)POLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!


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Go(er#-e#t Code:Applicable to!

1. all provinces,2. cities,

3. municipalities,4. barangays5. and other political subdivisions

as may be created by law and6. to the extent provided in the

&ocal Covernment )ode!a. to officials,b. offices, orc. agencies of the :ational

Covernment.

Lo+a) A&to#o-, in its constitutionalsense, to polarize &C@Es from over

dependence on central government anddo not ma#e &C@Es mini-republics orimperium in imperia.

De+e#tra)"at"o# o' Ad-"#"$trat"o# central government delegatesadministrative powers to politicalsubdivisions in order to broaden base of government power and in process ma#e&C@Es more responsive and accountableand ensure their fullest development asself-reliant communities and ma#e themeffective partners in the pursuit of

national development and socialprogress.

De+e#tra)"at"o# o' Power involvesabdication of political power in favor of &C@Es declared autonomous.Limbona v.-engelin% 39 ')(A 9D21.

De(o)&t"o# act by which nationalgovernment confers power and authorityupon various &C@Es to perform specificfunctions and responsibilities.M'ec.39e1,par./, &C)N.

De+)arat"o# o' Po)"+,:

3. 5erritorial and subdivisions of 'tateshall enjoy genuine and meaningfullocal autonomy to enable them toattain fullest development and ma#ethem more effective partners inattaining national goals

/.


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San Beda College of Law""


'tate for narrow and limitedpurposes.

/. Municipal corporation body politicand corporate constituted by

incorporation of inhabitants of cityor town purposes of localgovernment thereof or as agency of 'tate to assist in civil government of the country.

0. Quasi-public corporation privatecorporation that renders publicservice or supplies public wants.

PUBLICCORPORATION

PRIVATE CORPORATION

3. established for

purposes of administration of civil and localgovernments

3. created for private

aim, gain or benefitof members

/. creation of 'tateeither by special orgeneral act

/. created by will of incorporators withrecognizance of 'tate

0. involuntaryconsequencelegislation

0. voluntaryagreement by andamong members

III. DE FACTO MUNICIPALCORPORATION

Re%&"$"te$:3. valid law authorizing incorporation/. attempt in good faith to organize

under it0. colorable compliance with law and. assumption of corporate powers.

IV. TERRITORIAL AND POLITICALSUBDIVISIONS EN3O4INGLOCAL AUTONOM4:

3. Province cluster of municipalities,or municipalities and componentcities, and serves as dynamicmechanism for developmentalprocesses and effective governanceof &C@Es within its territorialjurisdiction.

/. City composed of more urbanizedand developed barangays, serves as

a general purpose government forcoordination and delivery of basic,regular and direct services andeffective governance of inhabitants

within its territorial jurisdiction

0. Municipality consisting of group of barangays, serves primarily as ageneral purpose government forcoordination and delivery of basic,regular and direct services andeffective governance of inhabitantswithin its territorial jurisdiction

. arangay basic political unit whichserves as primary planning andimplementing unit of government

policies, plans, programs, projectsand activities in community, and as aforum wherein collective views of people may be expressed,crystalized and considered andwhere disputes may be amicablysettled

7. Autonomous Regions created fordecentralization of administration ordecentralization of government and

2. !pecial metropolitan political

subdivisions created for solepurpose of coordination of deliveryof basic services.

Creat"o# o' M"+"2a) Cor2orat"o#$1. ;or province% city or municipality,

only by Act of )ongress2. ;or barangays, ordinance passed by

respective $anggunian

• +lebiscite (equirement

approved by a majority of the votes cast in a plebiscitecalled for the purpose in thepolitical unit4s directlyaffected 'ec. 3, (.A. 9321

• Based on verifiable

indicators of viability andprojected capacity toprovide services 'ec. 9, (.A.9321 M:ote! see Annex )N

Be0"##"#0 o' Cor2orate E*"$te#+ePOLITICAL LAW COMMITTEE CHAIRPERSON: Jonathan Mangundayao ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMERS: Je!


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San Beda College of Law"#


• upon election and qualification

of its chief executive andmajority of members of its'anggunian, unless some other

time is fixed therefore by law orordinance creating it.

• ode of %nquiry to &egal


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a. local chief executive with hissignature on each and everypage

b. if local chief executive vetoes

the same, may be overridden by/40 vote of all sanggunianmembersi1 grounds for veto!

ordinance is ultra viresor prejudicial to publicwelfare

ii1 local chief executivemay veto particularitem4s of appropriationordinance, adoption of local development planand public investment

plan, or ordinancedirecting payment of money or creatingliability and

iii1 local chief executivemay veto an ordinanceonly once

c. veto communicated tosanggunian within 37 days forprovince and 3 days for city ormunicipality.

Re%&"$"te$ 'or (a)"d"t,:

a. must not contravene the)onstitution and any statute

b. must not be unfair or oppressivec. must not be partial or

discriminatoryd. must not prohibit, but may

regulate tradee. must not be unreasonable andf. must be general in application

and consistent with public policy.

• Barangay )hairman has no

veto power.Cor2orate Power$ o' LGU:3. to have continuous succession in its

corporate name/. to sue and be sued0. to have and use a corporate seal. to acquire and convey real or

personal property7. power to enter into contracts

Re%&"$"te$ o' (a)"d -"+"2a)+o#tra+t$:a. &C@ has express, implied, or

inherent power to enter into a

particular contract

b.


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San Beda College of Law"5


of a party is received under suchcircumstances that the generallaw, independent of an expresscontract, implies an obligation

to do justice with respect to thesame :achura, Reviewer inPolitical Law , p. 031

VII. QUALIFICATION OF ELECTIVELOCAL OFFICIALS:

3. citizen of the +hilippines/. registered voter of barangay%

municipality, city, province, ordistrict where he intends to beelected

0. resident therein for at least 3 yearpreceding election

. able to read and write ;ilipino orlocal language or dialect and

7. age!a. 23 years of age Covernor, ?ice

Covernor, Board ember, ayor,?ice ayor or ember of )ity)ouncil for 8@)Es.

b. 21 years of age ayor or ?iceayor of %))Es, component citiesor municipalities

c. 1@ years of age members of %)) or component city ormunicipal council or punong

barangay or member of barangay council

d. at least 1( but not 21 years of age candidate for sanggunian#abataan.'ec. 06, (A 9321

D"$%&a)"'"+at"o# o' E)e+t"(e Lo+a)O''"+"a):3. sentenced by final judgment for

offense involving moral turpitude orpunishable by 3 year or more of imprisonment within / after serviceof sentence

/. those removed from office due toadministrative cases

0. those convicted by final judgmentfor violating oath of allegiance tothe (epublic

. those with dual citizenship7. fugitives from justice in criminal or

non-political cases here or abroad2. permanent resident in foreign

country and9. insane or feeble-minded.'ec.,

(A.9321

VIII. MANNER OF ELECTION3.


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San Beda College of Law"6


office following the end of thethird consecutive term. Any other subse)uent election, li#e arecall election is no longer

covered by the prohibition$ocrates vs. )omelec, C.(. :o.3773/, :ovember 3/, //1.

I6. GROUNDS FOR DISCIPLINAR4ACTIONS:

3. disloyalty to the (epublic/. culpable violation of the

)onstitution0. dishonesty, oppression, misconduct

in office, gross negligence ordereliction of duty

. commission of offense involving

moral turpitude or offensepunishable by at least prision mayor

7. abuse of authority2. unauthorized absence for 37

consecutive wor#ing days exceptsanggunian members

9. application for, acquisition of ,foreign citizenship or residence orstatus of an immigrant of anothercountry and

D. such other grounds as may beprovided in


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