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sbu-law 19-20
ADMIN COURSE COMPRESSED FINALS REVIEWER 2020
Based on Atty’s Pascasio’s Pointers
Important Case Doctrines
Ang Tibay v. CIR: The requisites of admin due process
are:
a. Right to a hearing;
b. Tribunal must consider evidence presented;
c. Decision must have something to support itself;
d. Evidence must be substantial;
e. Decision must be based on the evidence adduced
at the hearing, or at least contained in the record
& disclosed to the parties;
f. The Board or its judges must act on its or their
independent consideration of the facts & the law
of the case, & not simply accept the views of a
subordinate in arriving at a decision;
g. Decision must be rendered in such a manner that
the parties to the controversies can know the
various issues involved & the reasons for the
decision rendered.
In re: Chaguile: To be a de facto officer, all of the
following elements must be present:
a. There must be a de jure office;
b. There must be color of right or gen. acquiescence
by the pub.; &
3) There must be actual physical possession of the
office in good faith.
Having established that Atty. Chaguile was the IBP
Governor for Northern Luzon in a de facto capacity, all
official actions of Atty. Chaguile as de facto IBP Governor
for Northern Luzon must be deemed valid, binding, &
effective, as though she were the officer validly appointed
& qualified for the office. Her vote in the May 22, 2013
election for the Executive Vice President of the IBP is valid,
binding, & effective.
Teotico v. Baer: Under the doctrine of exhaustion of
admin remedies, recourse through court action cannot
prosper until after all such admin remedies have first been
exhausted. The HLURB is the sole regulatory body for
housing & land dev’t; hence, petitioner failed to exhaust all
her admin remedies.
Ongsiako Reyes v. COMELEC: Sec. 17, Art. VI of the
Consti provides that the HRET is the “sole judge of all
contests relating to election, returns, & qualifications of
members” of the HoR. But the HRET can exercise only its
jurisdiction when a party to the controversy is a member of
the House. To be considered a member of the HoR, there
must be concurrence of the ff. requisites:
a. Valid proclamation;
b. A proper oath; &
c. Assumption of office.
Absent any one of the foregoing, the COMELEC is not
divested of jurisdiction over the controversy.
Basco v. PAGCOR: The City of Manila being a mere corp.
has no inherent right to impose taxes. Absent its charter,
such right cannot be assumed. As the Charter of City of
Manila is subj. to control by the Congress, municipal corps.
1
are mere creations of Congress. Since PAGCOR is a
GOCC w/ an original charter, local gov’ts have no power
to tax instrumentalities of the nat’l gov’t.
Lina v. Paño: Prior consultations & approval w/ LGUs only
apply to nat’l programs &/or projects w/c are to be
implemented in a particular local community. These projects
or programs are those that:
a. May cause pollution;
b. May bring about climatic change;
c. May cause depletion of non-renewable resources;
d. May result in loss of crop land, range-land, or
forest cover;
e. May eradicate certain animal or plant species
from the face of the planet;
f. Other projects that may call for the eviction of a
particular grp. or people residing in the locality
where these will be implemented.
Since lotto is neither a program or project of the nat’l
program or will have the effects as mentioned above, but
is a charitable institution of PCSO, it is not subj. to the
prior consultation & approval w/ the LGU.
Tallado v. COMELEC: Tallado was disqualified by the
COMELEC en banc to run as Cam. Norte governor in the
2019 Elections, but since he filed a petition before the SC
questioning this, he was allowed to run. He was previously
elected as Gov. in the 2010, 2013 & 2016 elections, but
he was only able to fully serve his 2010 & 2013 terms. In
2015, the OMB found him administratively liable w/
grave misconduct & abuse of authority, & was meted out
w/ a 1 yr. suspension, w/c was immediately
implemented by the DILG. Another case was filed against
him & in 2016, the OMB held him liable for the same
offense, & was ordered dismissed from service. He was
ordered to vacate the office, & the then-Vice Gov. assumed
it. For the third time, he was found guilty of the same
offenses & was ordered dismissed, but the CA modified this
to a 6-month suspension & upon lapse of this pd., he
assumed office. The COMELEC en banc ruled that Tallado
exceeded the 3-term limit, but the SC ruled that the 2
requisites of such limit were not met, namely, having been
duly elected & served the term. The interruption was
deemed involuntary & not a violation of the limit; thus,
Tallado was not disqualified from seeking the same post,
making the COMELEC en banc guilty of GAD.
Javier v. Sandiganbayan: Although Javier was a private
sector rep. in the Nat’l Book Dev’t Board, w/c was created
under RA 8047 & is under the supervision of the Office of
the President, she is deemed a pub. officer because the
law invested in her some portion of the sovereign functions
of the gov’t. A pub. office is the right, authority & duty,
created & conferred by law, by w/c, for a given pd., either
fixed by law or enduring at the pleasure of the creating
power, an individual is invested w/ some portion of the
sovereign functions of the government, to be exercised by
him for the benefit of the public; hence, she is a pub. officer,
& is under the jurisdiction of the Sandiganbayan having a
salary grade 28.
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sbu-law 19-20
People v. Sandiganbayan (July 5, 2010): The prosecution
cannot appeal from a ruling granting the demurrer to
evidence of the accused, who were charged under RA
3019, as it is equivalent to an acquittal, unless the
prosecution can sufficiently prove that the court’s action is
attended w/ GAD. In the dismissal of a crim case upon
demurrer to evidence, appeal is not available as such an
appeal will put the accused in double jeopardy. In this
case, the People wrongly filed a petition for review on
certiorari under Rule 45, & not a petition for certiorari
under Rule 65 on the ground of GAD, making it outright
dismissible.
Orceo v. COMELEC: A license to possess an airsoft gun, just
like ordinary licenses in other regulated fields, does not
confer an absolute right but only a personal privilege to
be exercised under existing restrictions, & such as may
thereafter be reasonably imposed. The COMELEC rule
declaring airguns included in the list of deadly weapons,
although replicas or imitations of the same are not, was
held valid.
Carpio-Morales v. CA: There are 2 conditions that must
be satisfied to justify the issuance of an order of preventive
suspension pending an investigation:
a. The evidence of guilt is strong;
b. Either of the ff. circumstances co-exist w/ the 1st
requirement:
i. The charge involves dishonesty,
oppression or grave misconduct or
neglect in the performance of duty;
ii. The charge would warrant removal from
the service; or
iii. The respondent's continued stay in office
may prejudice the case filed against him.
If it were shown that the accused had committed the acts
charged during his prior term, he can no longer be charged
administratively. This is by virtue of the doctrine of
condonation, w/c means that when an elective pub.
official w/ an admin charge has been reelected for the
subsequent term, his wrongful acts prior to that term would
be impliedly condoned. This doctrine was abandoned in
this case because it is bereft of legal basis & election is not
a means of condoning an admin offense, because the same
may only be done by the President.
Crebello v. Ombudsman: Mayor Capoquian was charged
w/ nepotism for appointing his wife as a board member
of their water district, but the OMB absolved his admin
liability, on the basis of the doctrine of condonation
because he was reelected. The resolution was dated March
2016, while the abandonment of the doctrine was in April
2016. The decisions of admin & quasi-judicial agencies w/c
are declared to be final & unappealable may still be subj.
to judicial review on the basis of GAD under Rule 65. The
application of the doctrine of condonation w/o the accused
invoking it is tantamount to a GAD; hence, Capoquian was
administratively charged w/ nepotism.
Giron v. Ochoa: The doctrine of condonation is also
applicable when the reelection of the pub. official was to
another position, provided, that it is shown that the body
2
politic electing the person to another office is the same.
Hence, even if the doctrine had been abandoned already
& is deemed to be applied prospectively, it will still apply
in this case since Brgy. Chairman Cando was reelected by
the same body politic.
Paat v. CA: The enforcement of forestry laws, rules &
regulations fall w/in the primary & special responsibilities
of the DENR; thus, the assumption by the RTC of jurisdiction
over the suit filed by respondents constitutes an
encroachment into the domain of the admin agency.
Furthermore, the Court also enumerated instances when the
rule on exhaustion may be disregarded:
a. When there is a violation of due process;
b. When the issue involved is purely a legal question;
c. When the admin action is patently illegal
amounting to lack or excess of jurisdiction;
d. When there is estoppel on the part of the admin
agency concerned;
e. When there is irreparable injury;
f. When the respondent is a Dept. Sec. whose acts,
as an alter ego of the President, bears the implied
& presumed approval of the latter;
g. When to require exhaustion of admin remedies
would be unreasonable;
h. When it would amt. to a nullification of the claim;
i. When the subj. matter is a private land in land
case proceedings;
j. When the rule does not provide a plain, speedy
or adequate remedy; &
k. When there are circumstances indicating the
urgency of judicial intervention.
Lim v. Gamosa: Despite the language that the NCIP shall
have jurisdiction over all claims & disputes involving rights
of ICCs/IPs, it cannot be deduced that the primary sole
NCIP jurisdiction over all ICCs/IPs claims & disputes is to
the exclusion of the regular courts. Primary jurisdiction,
also known as the doctrine of Prior Resort, is the power &
authority vested by the Consti or by statute upon an admin
body to act upon a matter by virtue of its specific
competence. The doctrine of primary jurisdiction prevents
the court from arrogating unto itself the authority to resolve
a controversy which falls under the jurisdiction of a tribunal
possessed with special competence. The doctrine does not
necessarily denote exclusive jurisdiction. Also, the IPRA
limits the jurisdiction of the NCIP to cases of claims &
disputes involving rights of ICCs/IPs where both parties are
ICCs/IPs because customs & customary law cannot be
made to apply to non-ICCs/IPs w/in the parameters of the
NCIP's limited & special jurisdiction. NCIP was ruled to have
no jurisdiction over the case.
Lokin v. COMELEC: The COMELEC’s jurisdiction to settle the
struggle for leadership w/in the party is well-established.
This singular power to rule upon questions of the party
identity & leadership is exercised by the COMELEC as an
incident to its enforcement powers.
Lico v. COMELEC: The fact that Lico was already a
member of Congress at the time of his expulsion from the
party removes the matter from the jurisdiction of the
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sbu-law 19-20
COMELEC. The jurisdiction of the HRET is exclusive, & it is
given full authority to hear & decide the cases on any
matter touching on the validity of the title of the proclaimed
winner.
Abundo v. COMELEC: To constitute a disqualification to
run for an elective local office, the ff. requisites must
concur:
a. That the official concerned has been elected for 3
consecutive terms in the same local gov’t post;
b. That he has fully served three consecutive terms.
Topacio Nueno v. Angeles: After the expiration of their
term of office in December 1943, the offices of members
of the Municipal Board of Manila became vacant from
January 1, 1944, because of failure to hold the regular
election & the special election. During the temporary
vacancy from January 1, 1944, until the said special
election is held & new members elected or, in case of
failure to elect, the President had the power to appoint the
respondents or any other, at his discretion, to fill said
temporary vacancy or vacancies. Clearly, the President did
not appoint the petitioners, & they are not entitled to hold-
over or continue, after the expiration of their term, in the
offices claimed by them & held now by the respondents, &
have no right to bring the present action & impugn the
validity of the latter's appointments.
Cerafica v. COMELEC: Kimberly was 20 y/o when she
filed her COC for councilor, but the law requires one to be
at least 23 y/o, so a clarificatory hearing was held, but
instead of going, she was substituted by Olivia. Kimberly’s
COC was cancelled, & in doing so, the COMELEC abused
its discretion, especially when it merely relied upon the
Memorandum of Director Amora-Ladra in cancelling
Kimberly’s COC & denying the latter’s substitution by
Olivia, absent any petition to deny due course to or cancel
said COC. Also, as cancellation proceedings involve the
exercise of quasi-judicial functions of the COMELEC, the
COMELEC in Division should have first decided this case.
Additional Pointer: RA 3019
Acts Punishable
a. Persuading, inducing, or influencing another pub.
officer to perform an act constituting a violation of
rules & regulations duly promulgated by
competent authority or an offense in connection w/
the official duties of the latter, or allowing himself
to be persuaded, induced, or influenced to commit
such violation or offense.
b. Directly or indirectly requesting or receiving any
gift, present, share, percentage or benefit, for
himself or for any other person, in connection w/
any contract or transaction b/w the Gov’t & any
other part, wherein the pub. officer in his official
capacity has to intervene under the law.
c. Directly or indirectly requesting or receiving any
gift, present, or other pecuniary or material
benefit, for himself or for another, from any
person for whom the pub. officer, in any manner
3
or capacity, has secured or obtained, or will secure
or obtain, any Gov’t permit or license, in
consideration for the help given or to be given.
d. Accepting or having any member of his family
accept employment in a private enterprise w/c
has pending official business w/ him during the
pendency thereof or w/in 1 yr. after its
termination.
e. Causing any undue injury to any party, including
the Gov’t, or giving any private party any
unwarranted benefits, advantage, or preference
in the discharge of his official admin or judicial
functions through manifest partiality, evident bad
faith, or gross inexcusable negligence. This shall
apply to officers & employees of offices or gov’t
corps. charged w/ the grant of licenses or permits
or concessions.
f. Neglecting or refusing, after due demand or
request, w/o sufficient justification, to act w/in a
reasonable time on any matter pending before
him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage,
& for the purpose of favoring his own interest or
giving undue advantage in favor of or
discriminating against any other interested party.
g. Entering, on behalf of the Gov’t, into any contract
or transaction manifestly & grossly
disadvantageous to the same, whether or not the
pub. officer profited or will profit thereby.
h. Directly or indirectly having financial or pecuniary
interest in any business, contract, or transaction in
connection w/ w/c he intervenes or he takes part
in his official capacity, or in w/c he is prohibited
by the Consti or by any law from having any
interest.
i. Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel, or grp. of w/c he is a member, &
w/c exercises discretion in such approval, even if
he votes against the same or does not participate
in the action of the board, committee, panel, or
grp. Interest for personal gain shall be presumed
against those pub. officers responsible for the
approval of manifestly unlawful, equitable, or
irregular transaction or acts by the board, panel,
or grp. to w/c they belong.
j. Knowingly approving or granting any license,
permit, privilege, or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege, or advantage, or of a
mere representative or dummy of one who is not
so qualified or entitled.
k. Divulging valuable info of a confidential
character, acquired by his office or by him on acct.
of his official position to unauthorized persons, or
cassie notes
sbu-law 19-20
releasing such info in advance of its authorized
release date.

Add’l Prohibitions: Secs. 4-6

Note: Receiving any gift includes the act of accepting

directly or indirectly a gift from a person other than a
member of the pub. officer’s immediate family, in behalf of
himself or of any member of his family or relative w/in the
fourth civil degree, either by consanguinity or affinity, even
on the occasion of family celebration or nat’l festivity, if the
value of the gift is under the circumstances manifestly
excessive. So, unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary
token according to local customs or usage shall be
excepted.

Sec. 11: Offenses prescribe in 10 yrs.

Sec. 12: No pub. officer shall be allowed to resign or retire

pending an investigation, crim or admin, or pending a
prosecution against him, for any offense under RA 3019 or
under the provisions of the RPC.

Sec. 13: Any pub. officer against whom any crim

prosecution under a valid information under RA 3019 or
the RPC on bribery is pending in court, shall be suspended
from office. If convicted by final judgment, he shall lose all
retirement or gratuity benefits, but if acquitted, he shall be
entitled to reinstatement & to salaries & benefits w/c he
failed to receive during suspension, unless in the meantime
admin proceedings have been filed against him.

4
cassie notes
sbu-law 19-20
PUBCORP
I. Gen. Principles
A. Corporation: an artificial being created by operation
of law, having the right of succession & the powers,
attributes & properties expressly authorized by law or
incident to its existence.
Classifications
1. Public: organized for the gov’t of a portion of the State
a. Quasi-corporation: created by the State for a
narrow or limited purpose
b. Municipal corporation: a body politic &
corporate instituted by the incorporation of the
inhabitants for the purpose of local gov’t
2. Private: formed for some private purpose, benefit, aim
or end
3. Quasi-public: a private corp. that renders pub. service
or supplies pub. wants
Criterion to Determine Pub. Corps.
1. Purpose test: if created by the State as its own agency
to help the State in carrying out its governmental functions,
then it is pub.; otherwise, it is private.
2. Charter test: if the corp. is created by its own charter for
the exercise of a pub. function, it is a GOCC; if it is
incorporated under the Corp. Code, it is a private corp.
Exception: corp. is incorporated prior to Corp. Code
3. Totality test: the true criterion to determine whether a
corp. is pub. or private is found in the totality of the relation
of the corp. to the State.
B. Principles of Local Autonomy
Principle of Local Authority
Power of the President over LGUs
C. Municipal Corps.
Elements
a. Legal creation or incorporation: The law creating
or authorizing the creation or incorporation of a
municipal corp.;
b. Corporate name: the name by w/c the corp is
known;
c. Inhabitants: The people residing in the territory of
the corp.;
d. Territory: The land mass where the inhabitants
reside, together w/ the internal & external waters,
& the air space above the land & waters.
Dual Nature & Functions: Every LGU created or organized
under the LGC shall exercise powers as a political subd.
of the Nat’l Gov’t & as a corporate entity representing the
inhabitants of its territory, & has the dual functions of:
a. Pub. or Governmental: It acts as an agent of the
State for the gov’t of the territory & the
inhabitants.
b. Private or Proprietary: It acts as an agent of the
community in the administration of local affairs,
but as a separate entity, & not as a subd. of the
State.
5
Municipal Corps./LGUs in the Phils.: Provinces, Cities,
Municipalities, Brgys., Autonomous Region in Muslim
Mindanao. Note: CAR is not an autonomous region since
only the province of Ifugao voted for its constitution as such.
D. Creation & Alteration of Municipal
Corporations/LGUs: The power to pass laws creating &
altering the boundaries of an LGU is vested in the Congress
in the case of any political subd., or through an ordinance
passed by the Sangguniang Panlalawigan or
Sangguniang Panlungsod in the case of a brgy. located
w/in its territorial jurisdiction.
Requisites
a. Plebiscite: A plebiscite called for the purpose must
be conducted by the COMELEC w/in 120 days
from the date of effectivity of the law effecting
such action for creation or alteration, unless the
law or ordinance fixes another date, & such
creation or alteration must be approved by a
majority vote of the political unit/s affected.
b. Income: Average annual income for the last 2
consecutive yrs. based on 1991 constant prices
should be at least:
▪ Municipality: P2,500,000.00
▪ City: P100,000,000.00
▪ Highly-urbanized city: P50,000,000.00
▪ Province: P20,000,000.00
c. Population: Total no. of inhabitants w/in the
territorial jurisdiction of the LGU concerned:
▪ Brgy.: 2,000, except in NCR & other
metropolitan political subds. Or in HUCs
where the requirement is 5,000
▪ Municipality: 25,000
▪ City: 150,000
▪ HUC: 200,000
▪ Province: 250,000
d. Land Area: It must be contiguous, unless it
comprises 2 or more islands or is separated by an
LGU independent of others:
▪ Municipality: 50 sq. m.
▪ City: 100 sq. m.
▪ Province: 2,000 sq. m.
Note: The requirement of population is not an
indispensable requirement, but is an alternative addition
to the indispensable income requirement (Aquino v.
COMELEC).
De Facto Municipal Corps. Requisites
a. Valid law authorizing incorporation;
b. Attempt in good faith to organize under it;
c. Colorable compliance w/ the law;
d. Assumption of corporate powers.
E. The Local Gov’t Code, As Amended
Effectivity: January 1, 1992
Rules of Interpretation
a. On a power of a local gov’t: Liberal
interpretation in its favor, & in case of doubts, shall
be resolved in favor of devolution of powers &
of the LGU
cassie notes
sbu-law 19-20
b. On tax ordinance or revenue measure: Strictly
against the LGU enacting it & liberally in favor of
the taxpayer
c. On tax exemption, incentive or relief granted:
Strictly against the claimant
d. On gen. welfare: Liberally in favor of LGUs in
accelerating economic dev’t & upgrading the
quality of life for the people in the community
e. On controversies arising under the LGC w/o
applicable legal provision or jurisprudence:
Customs & traditions in the place of controversy
f. On rights & obligations existing on the date of
the LGC effectivity involving an LGU: Original
terms & conditions of the contract or the law in
force at the time such rights were vested
II. Gen. Powers & Attributes of LGUs
A. Sources of Powers
a. Sec. 25, Art. II; Secs. 5-7, Art. X, 1987 Consti
b. Statutes, e.g., RA 7160
c. Charter [particularly of cities]
d. Doctrine of the right of self-gov’t, but applies only
in States w/c adhere to the doctrine
B. Governmental Powers
Police Power/General Welfare Clause (Sec. 16, LGC)
Every LGU shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as power
necessary, appropriate, or incidental for its efficient &
effective governance w/in its territorial jurisdiction, &
those w/c are essential to the promotion of the gen.
welfare.
It is the statutory grant of police power to LGUs w/ the ff.
limitations:
a. Exercisable only w/in territorial limits of the LGU,
except for protection of water supply;
b. Equal protection clause, such that the interests of
the pub. in gen. require the exercise of the power,
& not just a particular class;
c. Due process clause, such that means employed
are reasonably necessary for the accomplishment
of the purpose, & not unduly oppressive;
d. Must not be contrary to the Consti & the laws, such
that prohibited activities cannot be legalized in
the guise of regulation.
Taxing Power: Taxation must be uniform in each LGU &
shall evolve a progressive system of taxation.
Eminent Domain
The limitations to this fundamental power of the State
when exercised by LGUs are:
a. Exercised only by the local chief executive, acting
pursuant to a valid ordinance;
b. For pub. use or purpose or welfare, for the benefit
of the poor & the landless;
c. Only after a valid & definite offer had been
made to, & not accepted by, the owner.
Reclassification of Lands: A city or municipality may,
through an ordinance passed after conducting pub.
6
hearings for the purpose, authorize the reclassification of
agri lands & provide for the manner of their utilization or
disposition.
Closure & Opening of Roads: An LGU may, pursuant to an
ordinance, permanently or temporarily close or open any
local road, alley, park, or square falling w/in its
jurisdiction, provided, that in case of permanent closure,
such ordinance must be approved by at least 2/3 of all the
members of the Sanggunian, & when necessary, an
adequate substitute for the pub. facility shall be provided.
Legislative Power: The products of a local legislative action
may be an ordinance [laws] or a resolution [declarations].
[i] Requisites for a Valid Ordinance
City of Manila v. Laguio: The tests for a valid ordinance
are:
a. Must not contravene the Consti or any statute;
b. Must not be unfair or oppressive;
c. Must not be partial or discriminatory;
d. Must not prohibit, but may regulate trade;
e. Must not be unreasonable;
f. Must be gen. in application & consistent w/ pub.
policy.
[ii] Local Initiative & Referendum: see Local Initiatives &
Referendum
Authority over Police Units
Sec. 6, Art. XVI, Consti: xxx The authority of local
executives over the police units in their jurisdiction shall be
provided by the law.
Secs. 51-52, RA 6975 (DILG Act of 1990)
C. Corporate Powers
1. To have continuous succession in its corporate name;
2. To sue & to be sued;
3. To have & use a corporate seal;
4. To acquire & convey real or personal prop.;
5. To enter into contracts
[i] Requisites
a. The LGU has the express, implied or inherent
power to enter into the particular contract.
b. The contract is entered into by the proper dept.,
board, committee, officer or agent. Unless
otherwise provided by the Code, no contract may
be entered into by the local chief executive on
behalf of the LGU w/o prior authorization by the
sanggunian concerned.
c. The contract must comply w/ certain substantive
requirements.
d. The contract must comply w/ the formal
requirements of written contracts.
[ii] Ultra vires contracts: When a contract is entered into
w/o the proper power to enter such & when certain
substantive requirements are not complied w/, the contract
is null & void.
III. Municipal Liability
cassie notes
sbu-law 19-20
A. Sec. 24, RA 7160: LGUs & their officials are not exempt
from liability for death or injury to persons or damage to
prop.
B. Liability for Violation of Law, Contract, Tort
Law
a. Art. 2189, CC: The LGU is liable in damages for
death or injuries suffered by reason of the
defective condition of roads, streets, bridges, pub.
bldgs.., & other pub. works.
b. Art. 2180 (6th par.), CC: The State is responsible
when acts through a special agent.
c. Art. 34, CC: The LGU is subsidiarily liable for
damages suffered by a person by reason of the
failure or refusal of a member of the police force
to render aid & protection in case of danger to
life & property.
Contract: A municipal corp. is liable on a contract it enters
into, provided, that the contract is intra vires.
Tort
a. If the LGU is engaged in governmental functions,
it is not liable.
b. If the LGU is engaged in proprietary functions, it is
liable.
c. In certain cases, local officials may also be held
personally liable.
C. Doctrine of Implied Municipal Liability: A municipality
may become obligated upon an implied contract to pay
the reasonable value of the benefits accepted or
appropriated by it as to w/c it has the gen. power to
contract.
IV. Local Officials
A. Provisions applicable to Elective & Appointive Local
Officials
Prohibited Business & Pecuniary Interest (Sec. 89, RA 7160)
a. Engage in any business transaction w/ the LGU in
w/c he is an official or employee or over w/c he
has the power of supervision, or w/ any of its
authorized boards, officials, agents or attorneys,
whereby money is to be paid, or prop. or any
other thing of value is to be transferred, directly
or indirectly, out of the resources of the LGU to
such person or firm;
b. Hold such interests in any cockpit or other games
licensed by the LGU;
c. Purchase any real estate or other prop. forfeited
in favor of the LGU for unpaid taxes or
assessment, or by virtue of a legal process at the
instance of the LGU;
d. Be a surety for any person contracting or doing
business w/ the LGU for w/c a surety is req’d;
e. Possess or use any pub. prop. of the LGU for
private purposes;
f. Prohibitions & inhibitions under RA 6713.
Practice of Profession (Sec. 90, RA 7160)
a. All governors, city & municipal mayors are
prohibited from practicing their profession or
7
engaging in any occupation other than the
exercise of their functions as local chief executives.
b. Sanggunian members may practice their
professions, engage in any occupation, or teach in
schools except during session hrs., provided, that
those who are also members of the Bar shall not
engage in activities prohibited of them.
c. Doctors of medicine may practice their profession
even during official hrs. of work only on occasions
of emergency, provided, that they do not derive
monetary compensation therefrom.
Prohibition Against Appointment
a. No elective or appointive local official shall be
eligible for appointment or designation in any
capacity to any pub. office or position during his
tenure. Unless otherwise allowed by law or by the
primary functions of his office, no local official
shall hold any other office or employment in the
gov’t or any subd., agency or instrumentality
thereof, including GOCCs or their subsidiaries.
b. Except for losing candidates in brgy. elections, no
candidate who lost in any election shall w/in 1 yr.
after such election, be appointed to any office in
the gov’t or any GOCC or their subsidiaries.
B. Elective Local Officials
Qualifications
a. Citizen of the Philippines;
b. A registered voter in the brgy., municipality, city
or province, or in the case of a member of the
sangguniang panlalawigan, panglungsod or
bayan, the district where he intends to be elected;
c. A resident therein for at least 1 yr. immediately
preceding the election;
d. Able to read & write Filipino or any other local
language or dialect;
e. On election day, must be:
▪ At least 23 y/o for governor, vice-
governor, member of the sangguniang
panlalawigan, mayor, vice mayor, or
member of the sangguniang panlungsod
of HUCs;
▪ At least 21 y/o for mayor or vice mayor
of independent common cities, component
cities, or municipalities;
▪ At least 18 y/o for member of the
sangguniang panlungsod or sangguniang
bayan, or punong brgy. or member of the
sangguniang brgy.;
▪ At least 15 but not more than 21 y/o for
SK candidates.
Disqualifications
a. Those sentenced by final judgment for an offense
involving moral turpitude or for an offense
punishable by 1 yr. or more of imprisonment, w/in
2 yrs. after serving sentence;
b. Those removed from office as a result of an
admin case;
c. Those convicted by final judgment for violating the
oath of allegiance to the Republic;
cassie notes
sbu-law 19-20
d. Those with dual citizenship;
e. Fugitives from justice in crim or non-political cases
here or abroad;
f. Permanent residents in a foreign country or those
who have acquire the right to reside abroad &
continue to avail of the same right after the
effectivity of the Code;
g. Those insane or feeble-minded.
Manner & Date of Election
[i] Manner
a. The governor, vice gov., city or municipal mayor,
city or municipal vice-mayor & punong brgy. shall
be elected at large in their respective units.
b. The SK chairman shall be elected by the registered
voters of the katipunan ng bayan.
c. The regular members of the sangguniang
panlalawigan, panlungsod & bayan shall be
elected by district, as may be provided by law.
[ii] Date of Election: Every 3 yrs. on the 2nd Monday of
May, unless otherwise provided by law
Term of Office: 3 yrs. starting the noon of June 30, 1992,
or such date as may be provided by law, except that of
elective brgy. officials
Three-term Limit: No brgy. elective official shall serve for
more than 3 consecutive terms in the same position (from
1994 Brgy. Elections).
Rules on Succession
[i] Permanent Vacancies
▪ Gov. or mayor, the vice gov. or vice-mayor
concerned shall succeed them.
▪ Vice-Gov or vice mayor, the highest ranking
sanggunian member, or in case of his permanent
inability, the 2nd highest ranking sanggunian
member, & subsequent vacancies shall be filled
automatically by the other sanggunian members
according to their ranking.
▪ Punong brgy., the highest ranking sanggunian
brgy. member, or in case of his permanent
inability, the 2nd highest. Note: A tie among the
highest ranking sanggunian members shall be
resolved by drawing of lots.
▪ Sanggunian members, where automatic
successions do not apply, filled by appointment
by the President, through the Exec. Sec. in the case
of the sanggunian panlalawigan or panlungsod of
HUCs & ICCs; by the gov. in the case of
sangguniang panlungsod of ICCs & the
sangguniang bayan; & the city or municipal
mayor in the case of sangguniang brgy. upon
recommendation of the sangguniang brgy.
concerned, provided, that only the nominee of the
political party where the member concerned had
been elected & whose elevation to the position
next higher in rank created the last vacancy shall
be appointed.
8
▪ Vacancy in the representation of the youth & the
brgy. in the sanggunian, filled automatically by
the official next in rank of the org. concerned.
[ii] Temporary Vacancies
▪ When the gov., city or municipal mayor, or
punong brgy. is temporarily incapacitated to
perform his duties, the vice-gov., city or
municipal vice mayor, or the highest ranking
sanggunian brgy. member shall automatically
exercise the powers & perform the duties of the
local chief exec., except the power to appoint,
suspend or dismiss employees, w/c may be
exercised only if the incapacity exceeds 30 days.
▪ When the local chief exec. is travelling w/in the
country but outside his territorial jurisdiction for a
pd. not exceeding 3 days, he may designate in
writing the officer-in-charge of the said office. If
he fails or refuses to do so, the vice-gov., city or
municipal vice mayor, or the highest ranking
sanggunian brgy. member shall assume the
powers & duties.
Resignation: It shall only be effective only upon the
acceptance of the ff. authorities, such that if not acted upon
w/in 15 days from receipt thereof, it is deemed accepted:
a. The President, for governors, vice-governors, &
mayors & vice mayors of HUCs & ICCs
b. The Governor, for municipal mayors & vice
mayors, city mayors & vice mayors of component
cities
c. The sanggunian concerned, for sanggunian
members
d. The city or municipal mayor, for brgy. officials
Discipline
[i] Grounds
a. Disloyalty to the RP;
b. Culpable violation of the Consti;
c. Dishonesty, oppression, misconduct in office, gross
negligence, dereliction of duty;
d. Commission of any offense involving moral
turpitude or an offense punishable by at least
prision mayor;
e. Abuse of authority;
f. Unauthorized absence for 15 consecutive
working days, except in the case of members of
the sangguniang panlalawigan, panlungsod,
bayan & brgy.;
g. Application for, or acquisition of, foreign
citizenship or residence or the status of an
immigrant of another country;
h. Such other grounds as may be provided in this
Code & other laws.
[ii] Jurisdiction
a. For provincial, HUC or ICC elective official, the
Office of the President
b. For elective municipal officials, the sangguniang
panlalawigan, & appealable to the Office of the
President
cassie notes
sbu-law 19-20
c. For elective brgy. officials, the sangguniang
panlungsod or sangguniang bayan concerned,
whose decision shall be final & executory
[iii] Preventive Suspension: It may be imposed by the
President, the gov., or the mayor, as the case may be, &
may be concurrently exercised by the Ombudsman, when:
a. The evidence of guilt is strong;
b. Given the gravity of the offense, there is great
probability that the continuance in office of the
respondent could influence the witnesses or pose
a threat to the safety & integrity of the records &
other evidence;
c. Provided, that any single preventive suspension
shall not extend beyond 60 days, & in the event
that several admin cases are filed, he cannot be
suspended for more than 90 days w/in a single a
year on the same ground/s.
[iv] Removal: Any elective local official may be removed
from office on the grounds enumerated under disciplinary
action.
[v] Admin Appeal: Decisions may, w/in 30 days from
receipt thereof, be appealed to:
a. The sangguniang panlalawigan, for decisions of
component cities’ sangguniang panlungsod & the
sangguniang bayan;
b. The Office of the President, whose decision shall
be final & executory, for decisions of the
sangguniang panlalawigan & panlungsod of
HUCs & ICCs.
Disciplinary Actions
[a] Elective Local Officials
[b] Secs. 13, 21, & 24, RA 6770
[c] Sec. 13, RA 3019: Any pub. officer against whom any
crim prosecution under a valid info under the Act or under
the provisions of the RPC on bribery is pending in court,
shall be suspended from office. Should he be convicted
by final judgment, he shall lose all retirement or gratuity
benefits under any law, but if he is acquitted, he shall be
entitled to reinstatement & to the salaries & benefits w/c
he failed to receive during suspension, unless in the
meantime, admin proceedings have been filed against him.
[d] Secs. 51-52, Subtitle A, Title I, Book V of AC 1987
[vi] Doctrine of Condonation: The re-election of a local
official bars the continuation of the admin case against him,
inasmuch as the re-election of the official is tantamount to
condonation by the people of whatever past misdeeds he
may have committed.
C. Appointive Local Officials
Responsibility for Human Resources & Devt.: The local chief
exec. Shall be responsible for HRD in his unit & shall take
all personnel actions in accordance w/ the Consti, pertinent
laws, & guidelines & standards as the CSC may establish,
provided, that he may employ emergency or casual
9
employees or laborers paid on a daily wage or piecework
basis for a pd. not exceeding 6 mos.
Discipline (Secs. 84-88, LGC)
V. Intergovernmental Relations
A. W/ the Nat’l Gov’t & its Agencies
Power of Gen. Supervision: The President shall exercise
gen. supervision over LGUs to ensure that their acts are
w/in the scope of their prescribed powers & functions. The
President shall exercise supervisory authority directly over
provinces, HUCs & ICCs; through the province w/ respect
to component cities & municipalities; & through the city &
municipality w/ respect to the brgys.
Coordination w/ Nat’l Agencies: Nat’l agencies & offices w/
project implementation functions shall coordinate w/ one
another & w/ the LGUs concerned in the discharge of these
functions. They shall ensure the participation of LGUs in
said projects.
Consultation: No proj. or program shall be implemented by
gov’t authorities unless the consultations mentioned in Secs.
2(c) & 26 are complied w/, & prior approval of the
sanggunian concerned is obtained, provided, that
occupants in areas where such projects are to be
implemented shall not be evicted unless appropriate
relocation sites have been provided.
B. W/ Other LGUs
a. The province, through the gov., shall ensure that
every component of the city & municipality w/in its
territorial jurisdiction acts w/in the scope of its
prescribed powers & functions. HUCs & ICCs shall
be independent of the province.
b. Absent the municipal legal officer, the municipal
gov’t may secure the opinion of the provincial
legal officer, & in the absence of the latter, the
provincial prosecutor.
c. The city or municipality, through its mayor, shall
exercise gen. supervision over component brgys.
to ensure that said brgys. act w/in the scope of
their prescribed powers & functions.
d. LGUs may, through appropriate ordinances, grp.
themselves, consolidate or coordinate their efforts,
services & resources for purposes commonly
beneficial to them.
VI. Local Initiatives & Referendum
A. Local Initiative: It is the legal process whereby the
registered voters of an LGU may directly propose, enact
or amend any ordinance.
Procedure
a. Not less than 2k registered voters in the region; 1k
registered voters in case of provinces & cities; 100
voters in case of municipalities, & 50 in case of
brgys., may file a petition w/ the sanggunian
concerned proposing the adoption, enactment,
repeal or amendment of an ordinance;
b. If no favorable action is taken by the sanggunian
concerned w/in 30 days from presentation, the
cassie notes
sbu-law 19-20
proponents, through their duly authorized &
registered reps., may invoke their power of
initiative, giving notice thereof to the sanggunian
concerned.
c. The proposition shall be numbered serially,
starting from Roman numeral I. 2 or more
propositions may be submitted in an initiative. The
COMELEC or its designated rep. shall extend
assistance in the formulation of the proposition.
d. Proponents shall have 90 days for provinces &
cities, 60 days in municipalities, & 30 days for
brgys. from notice mentioned in (b) to collect the
req’d no. of signatures.
e. The petition shall be signed before the election
registrar or his designated reps., & in the presence
of a rep. of the proponent & a rep. of the
sanggunian concerned in a pub. place in the LGU.
f. Upon the lapse of the pd., the COMELEC shall
certify as to whether or not the req’d no. of
signatures has been obtained. Failure to obtain
such no. defeats the proposition.
g. If the req’d no. is obtained, the COMELEC shall set
a date for the initiative during w/c the
proposition is submitted to the registered voters in
the LGU for their approval w/in 60 days for
provinces, 45 days for municipalities, & 30 days
for brgys. from the date of COMELEC certification.
It shall be held on the date set, after w/c the
results thereof shall be certified & proclaimed by
the COMELEC.
h. If the proposition is approved by a majority of the
votes cast, it shall take effect 15 days after
COMELEC certification.

Limitations
a. The power of local initiative shall not be exercised
more than once a year.
b. It shall extend only to subjects or matters w/c are
w/in the legal powers of the sanggunian to enact.
c. If at any time before the initiative is held, the
sanggunian concerned adopts in toto the
propostion presented & the local chief executive
approved the same, the initiative shall be
cancelled. However, those against such action
may, if they so desire, apply for initiative in the
manner herein provided.

B. Local Referendum: The legal process whereby the

registered voters of the LGUs may approve, amend or
reject any ordinance enacted by the sanggunian. It shall be
held w/in 60 days for provinces, w/in 45 days for
municipalities, & w/in 30 days for brgys.

10
cassie notes
sbu-law 19-20
ELECTION LAW
I. Election & Suffrage
Election: It is the means by w/c the people choose their
officials for a definite & fixed pd. & to whom they entrust
for the time being the exercise of the powers of gov’t. It
may be regular or special.
Suffrage: It is the right to vote in the election of officers
chosen by the people & in the determination of questions
submitted to the people. It includes w/in its scope election,
plebiscite, initiative & referendum.
II. COMELEC
A. Composition: A Chairman & 6 Commissioners
B. Qualifications
a. A natural-born Filipino citizen;
b. At least 35 y/o;
c. Holder of a college degree;
d. Must not have been a candidate in the
immediately preceding election.
e. Majority, including the Chairman, must be
members of the Bar who have been engaged in
the practice of law for at least 10 yrs.
C. Powers & Functions
1987 Consti (Sec. 2, Art. IX-C)
a. Enforce & administer all laws & regulations
relative to the conduct of an election, plebiscite,
initiative, referendum or recall [including power to
declare failure of election per RA 7166];
b. Exclusive original jurisdiction over all contests
relating to elections returns & qualifications of all
elective regional, provincial & city officials.
Exclusive appellate jurisdiction over all contests
involving elective municipal officials decided by
trials courts of gen. jurisdiction, or involving
elective brgy. officials decided by trial courts of
ltd. jurisdiction. Note: Decisions, final orders or
ruling of the COMELEC involving elective municipal
& brgy. offices shall be final, executory, & not
appealable;
c. Decide, save those involving the right to vote, all
questions affecting elections, including
determination of the number & location of polling
places, appointment of election officials &
inspectors, & registration of voters;
d. Deputize, w/ the concurrence of the President, law
enforcement agencies & instrumentalities of the
Gov’t, including the AFP, for the exclusive
purpose of ensuring free, orderly, honest, peaceful
& credible elections;
e. Register, after sufficient publication, political
parties, orgs., or coalitions w/c, in addition to
other requirements, must present their platform or
program of gov’t; & accredit citizens’ arms of the
COMELEC;
f. File, upon a verified complaint, or on its own
initiative, petitions in court for inclusion & exclusion
of voters; investigate &, where appropriate,
prosecute cases of violations of election laws,
11
including acts or omissions constituting election
frauds, offenses & malpractices;
g. Recommend to Congress effective measures to
minimize election spending, including limitation of
places where propaganda materials shall be
posted, & to prevent & penalize all forms of
election frauds, offense, malpractices & nuisance
candidates;
h. Submit to the President & Congress a
comprehensive report on the doctrine of each
election, plebiscite, initiative, referendum & recall.
Omnibus Election Code (BP 881)
a. To exercise supervision & control over all officials
req’d to perform election duties;
b. Promulgate rules & regulations;
c. Punish contempt;
d. Inquire into financial records of candidates;
e. Prescribe forms to be used in the elections;
f. Procure supplies & materials needed for the
election.
III. Voters
A. Qualifications for Suffrage
a. At least 18 y/o;
b. Have resided in the Phils. for at least 1 yr.;
c. Have resided in the place where they propose to
vote for at least 6 mos. immediately preceding
the election
B. Disqualifications
a. Any person sentenced by final judgment to suffer
imprisonment of at least 1 yr.; but right is
reacquired upon the expiration of 5 yrs. after
service of sentence;
b. Any person adjudged by final judgment of having
committed any crime involving disloyalty to the
gov’t or any crime against nat’l security; but right
is reacquired upon expiration of 5 yrs. after
service of sentence;
c. Insane or incompetent persons as declared by
competent authority
C. Local Absentee Voters: Those who are eligible to vote
for the positions of President, VP, Senators & Party-List are:
a. Gov’t officials & employees;
b. Members of the media, media practitioners
including their technical and support staff who
are actively engaged in the pursuit of information
gathering and reporting or distribution, in any
manner or form;
c. Members of the PNP;
d. Members of the AFP.
D. Overseas Absentee Voters: These are Filipinos who are
at least 18 y/o & are overseas during the Phil. elections.
Dual citizens included.
E. Detainee, PWDs, IPs, Media
Detainees: These are:
a. Confined in jail, formally charged for any crime/s
& awaiting/undergoing trial;
cassie notes
sbu-law 19-20
b. Serving a sentence of imprisonment for less than
1 yr.;
c. Whose conviction of a crime involving disloyalty
to the duly constituted gov’t such as rebellion,
sedition, violation of the firearms laws or any crime
against national security or for any other crime is
on appeal.
PWDs: These are persons who have long-term physical,
mental, intellectual or sensory impairments, w/c in
interaction w/ various barriers may hinder their full &
effective participation in the electoral processes on an
equal basis with others.
IPs: It refers to a grp. of people identified by self-
ascription and ascription by others, who have continuously
lived as organized community on communally bounded and
defined territory, & who have, under claims of ownership
since time immemorial, occupied, possessed & utilized such
territories, sharing common bonds of language, customs,
traditions & other distinctive cultural traits, or who have,
through resistance to political, social & cultural inroads of
colonization, non-indigenous religions & cultures, became
historically differentiated from the majority of Filipinos.
Media: It refers to those who are engaged in news
reporting on a nationwide or local scale, including
correspondents of national, regional, provincial, city, or
municipal publications or broadcast entities, or those
engaged in other forms of journalism and their technical
and support staff.
IV. Registration of Voters
A. Qualifications of Voters: Same w/ qualifications for
suffrage
B. Disqualifications: same grounds as in Voters
C. Election Registration Board: There shall be in each city
or municipality as many Election Registration Boards as
there are election officers therein; and the board shall be
composed of: Election Officer as Chairman, the highest-
ranking pub. school official & the civil registrar or, in his
absence, the city or municipal treasurer.
Every registered party & such orgs. as may be authorized
by the COMELEC shall be entitled to a watcher in every
registration board.
D. Deactivation, Reactivation, Cancellation
Deactivation [in addition to the grounds for disqualification
from suffrage]
a. Failure to vote in 2 successive preceding regular
elections as shown by the voting records;
b. Cancellation of registration as ordered by the
court;
c. Loss of Filipino citizenship.
Reactivation: The voter may file w/ the Election Officer a
sworn statement for reactivation of his registration in the
form of an affidavit stating that the grounds for
deactivation no longer exist any time but not later than
12
120 days before a regular election & 90 days before a
special election.
E. Inclusion & Exclusion Proceedings; Jurisdiction
Rules Governing Judicial Proceedings re: Inclusion, Exclusion
& Correction
a. Petition shall be filed during office hrs.
b. Notice of the place, date & time of the hearing of
the petition shall be served upon the members of
the Board & the challenged voter upon filing of
the petition.
c. A petition shall refer only to one precinct & shall
implead the Board as respondents.
d. No costs shall be assessed against any party in
these proceedings. Exception: If the court finds
that the application has been filed solely to
harass the adverse party & cause him to incur
expenses, it shall order the culpable party to pay
the costs & incidental expenses.
e. Any voter, candidate or political party affected
by the proceedings may intervene & present his
evidence.
f. The decision shall be based on the evidence
presented & not a stipulation of facts. Note: If the
question is whether or not the voter is real or
fictitious, his non-appearance on the day set for
hearing shall be prima facie evidence that the
challenged voter is fictitious.
g. The petition shall be heard & decided w/in 10
days from the date of filing, & if appealed to the
RTC, w/in 10 days from receipt of appeal. In all
cases, the court shall decide not later than 15 days
before the election & the decision shall become
final & executory.
Jurisdiction: The MTC & MeTC shall have exclusive original
jurisdiction over all cases of inclusion & exclusion of voters
in their respective municipalities & cities; & appealable to
the RTC w/in 5 days from receipt of notice thereof. The RTC
shall decide w/in 10 days from the time it is received, & it
shall be immediately final & executory. Note: No MR
allowed.
V. Candidates
A. Qualifications: These shall be continuing requirements
& must be possessed for the duration of the officer’s active
tenure.
B. Disqualifications
Under the Omnibus Election Code
a. Declared as incompetent or insane by competent
authority;
b. Sentenced by final judgment for subversion,
insurrection, rebellion or any offense for w/c he
has been sentenced to a penalty of more than 18
mos. imprisonment;
c. Sentenced by final judgment for a crime involving
moral turpitude;
d. Any person who is a permanent resident of or an
immigrant to a foreign country, unless he has
waived his status as such;
cassie notes
sbu-law 19-20
e. One who has given money or other material
consideration to influence, induce or corrupt the
voters or pub. officials performing electoral
functions;
f. One who committed acts of terrorism to enhance
his candidacy;
g. One who spent in his election campaign an amt. in
excess of that allowed by the Code;
h. One who has solicited, received or made
contributions prohibited under Secs. 89, 95-97, &
104;
i. One who has violated the provisions on campaign
pd., removal & destruction of lawful election
propaganda, & regulation of propaganda
through mass media;
j. One who has violated the provisions on election
offenses.
Under the LGC Note: Only applicable to elective local office
a. Those sentenced by final judgment for an offense
punishable by at least 1 yr. of imprisonment, &
w/in 2 yrs. after serving sentence;
b. Those removed from office as a result of an
admin case (Exception: If removed before Jan. 1,
1992 or LGC effectivity);
c. Those convicted by final judgment for violating the
oath of allegiance to the RP;
d. Those with dual citizenship;
e. Fugitives from justice in crim & non-political cases
here & abroad;
f. Permanent residents in a foreign country or those
who have acquired the right to reside abroad, &
continue to avail of the same right after the
effective of the LGC;
g. Those who are insane or feebleminded
C. Certificate of Candidacy: Any person who files his COC
shall be considered as a candidate at the start of the
campaign pd. for w/c he filed his COC; provided, that
unlawful acts or omissions applicable to a candidate shall
take effect only upon the start of the said pd.; provided,
finally, that any person holding a pub. appointive office
or position, including active members of the AFP & officers
& employees of GOCCs, shall be considered resigned
from his office & must vacate the same at the start of the
day of filing of his COC.
D. Nuisance Candidates: The COMELEC may, motu
proprio, or upon verified petition of an interested party,
refuse to give due course to or to cancel a COC if it is shown
that the said COS was filed:
a. To put the election process in mockery or
disrepute;
b. To cause confusion among the voters by the
similarity of the names of the registered
candidates;
c. By other circumstances or acts w/c clearly
demonstrate that the candidate has no bona fide
intention to run for the office for w/c the COC has
been filed, & thus, prevent a faithful determination
of the true will of the electorate.
13
VI. Campaign, Election Propaganda, etc.
A. Election Campaign or Partisan Political Activity: It is
an act designed to promote the election or defeat of a
particular candidate or candidates to pub. office.
B. Campaign Period; Election Period
Election Pd. under Sec. 9, Art. IX-C, Consti: Unless other
fixed by the COMELEC in special cases, it shall commence
90 days before the day of the election & shall end 30 days
thereafter.
C. Lawful Election Propaganda (Sec. 82, BP 881)
a. Pamphlets, leaflets, cards, decals, stickers or other
written or printed materials of a size not more
than 8 ½ in. in width & 14 in. length;
b. Handwritten or printed letters urging voters to
vote for or against any particular candidate;
c. Cloth, paper or cardboard posters, whether
framed or posed, w/ area exceeding 2 ft. by 3
ft., except that, at the site & on the occasion of a
pub. meeting or rally, or in announcing the holding
of said meeting or rally, streamers not exceeding
3 ft. by 8 ft. in size, shall be allowed; provided,
that said streamers may not displayed except 1
wk. before the date of the meeting or rally & that
it shall be removed w/in 72 hrs. after said meeting
or rally;
d. All other forms of election propaganda not
prohibited by this Code as the COMELEC may
authorize after due notice to all interested parties
& hearing where all the interested parties were
given an equal opportunity to be heard;
provided, that the COMELEC’s authorization shall
be published in 2 newspapers of gen. circulation
throughout the nation for at least twice w/in 1 wk.
after the authorization has been granted.
D. Prohibited Election Propaganda (Sec. 83, BP 881): It
shall be unlawful for any person during the campaign pd.
to remove, destroy, obliterate, or in any manner deface or
tamper w/, or prevent the distribution of lawful election
propaganda. See Chavez case.
E. Prohibited Contributions (Sec. 95, BP 881): No
contribution for purposes of partisan political activity shall
be made directly or indirectly by any of the ff:
a. Pub. or private financial institutions, provided, that
making of any loan to any candidate or political
party is allowed if it is legally engaged in the
business of lending, & the same was made in the
ordinary course of business;
b. Natural & juridical persons operating a pub.
utility;
c. Natural & juridical persons who contracts or sub-
contracts to supply the gov’t or any of its divisions,
subds. or instrumentalities w/ goods or services or
to perform construction or other works;
d. Natural & juridical persons who have been
granted franchise, incentives, exemptions,
allocations or similar privileges or concessions by
the gov’t or any of its divisions, subds. or
instrumentalities, including GOCCs;
cassie notes
sbu-law 19-20
e. Natural & juridical persons who, w/in 1 yr. prior
to the date of the election, have been granted
loans or other accommodations in excess of
P100k by the gov’t or any of its divisions, subds.
or instrumentalities, including GOCCs;
f. Educational institutions w/c have received grants
of pub. funds amounting to at least P100k;
g. Officials or employees in the Civil Service, or
members of the AFP;
h. Foreigners & foreign corps.
F. Lawful Expenditures; Limitations on Expenses (Sec.
13, RA 7166)
a. For candidates: P10 for President & VP; & P3 for
other candidates for every voter currently
registered in the constituency where he filed his
COC, provided, that a candidate w/o any
political party & w/o support from any political
party may be allowed to spend P5 for every such
voter;
b. For political parties: P5 for every voter currently
registered in the constituency/ies where it has
official candidates.
G. Statement of Contributions & Expenses (Sec 14, RA
7166): Every candidate & treasurer of the political party
shall, w/in 30 days after the day of the election, file in
duplicate w/ the office of the COMELEC, the full, true, &
itemized statement of all contributions & expenditures in
connection w/ the election.
The Lanot Doctrine: The elements of the offense of
premature campaigning are:
a. A person engages in election campaign or
partisan political activity as defined in Sec. 79, BP
881;
b. The act is designed to promote the election or
defeat of a particular candidate;
c. The act is done outside the campaign pd.
Under the 2nd element, it is req’d that one who engages in
the offense is a candidate, & it was ruled that Eusebio was
not yet a candidate when he committed challenged acts.
Under Sec. 11, RA 8436, the deadline of filing COCs was
moved 81 days earlier for the purpose of only giving
ample time to print the official ballots & not to make one
immediately a candidate. Since Eusebio only became a
candidate by March 23, 2004, his acts prior do not
constitute acts punishable under Sec. 80, BP 881.
Furthermore, Sec. 15, RA 8436, as amended by RA 9369,
states that “unlawful acts or omissions applicable to a
candidate shall take effect only upon the start of the said
campaign pd.” Thus, it appears that a person may be held
liable for premature campaigning after filing his COC but
before the start of campaign pd. Note: It seems that no one
may be held liable for premature campaigning.
VII. Political Party; Party-List Organizations
Political Party: An organized grp. of citizens advocating
an ideology or platform, principles & policies for the gen.
conduct of gov’t & w/c, as the most immediate means of
securing their adoption, regularly nominates & supports
14
certain of its leaders & members as candidates for pub.
office.
A. Groups w/c Cannot be Registered as Political Parties
a. Religious denominations or sects;
b. Those who seek to achieve their goals through
violence or unlawful means;
c. Those who refuse to uphold & adhere to the Consti;
d. Those supported by foreign gov’ts.
B. Grounds for Cancellation of Registration
Under RA 7941, the COMELEC may motu proprio or upon
a verified complaint may cancel or refuse the registration
of any party, sector, org. or coalition under any of the ff.
grounds:
a. It is a religious sect or denomination, org. or assoc.
organized for religious purposes;
b. It advocates violence or unlawful means to seek its
goal;
c. It is a foreign party or org.;
d. It is receiving support from any foreign gov’t,
foreign political party, foundation, org., whether
directly or through any of its officers or members,
or indirectly through third parties, for partisan
election purposes;
e. It violates or fails to comply w/ laws, rules or
regulations relating to election;
f. It declares untruthful statements in its petition;
g. It has ceased to exist for at least 1 yr.;
h. It fails to participate in the last 2 preceding
elections, or fails to obtain at least 2% of the votes
cast under the party-list system in the 2 preceding
elections for the constituency in w/c it was
registered.
C. Registration; Manifestation to Participate in the Party-
List System: In order to participate in the party-list system,
the group must register w/ COMELEC by filing not later
than 90 days before the election a verified petition stating
its desire to participate in the system as a nat’l, regional,
sectoral party or org. or coalition of such parties or orgs.
Any party, org. or coalition already registered w/ the
COMELEC need not register anew, but shall file w/ the
COMELEC not later than 90 days before the election a
manifestation of its desire to participate in the party-list
system.
D. Refusal &/or Cancellation of Registration: The
COMELEC may, motu proprio, refuse or cancel after due
notice & hearing, the registration of any party-list org. if it
violates or fails to comply w/ laws, rules or regulations
relating to elections.
E. Nomination of Party-List Nominees: Each registered
party, org. or coalition shall submit to the COMELEC not
later than 45 days before the election a list of at least 5
names, from w/c the party-list representatives shall be
chosen in case it obtains the req’d number of votes. A
person may be nominated in one list only. Only person who
have given their consent in writing may be named in the
list, & it shall not include any candidate for any elective
cassie notes
sbu-law 19-20
office or a person who has lost his bid for an elective office
in the immediately preceding election.
Sec. 8, RA 7941 requires a party-list grp. to submit a list
containing at least 5 qualified nominees. Failure to submit
the list of 5 nominees before the election warrants the
cancellation of the party’s registration. The submission of
the list is part of the registered party’s continuing
compliance w/ the law to maintain its registration. A party-
list grp.’s previous registration w/ the COMELEC confers no
vested right for the maintenance of its registration.
F. Qualifications of Party-List Nominees
a. Natural-born citizen of the Philippines;
b. A registered voter;
c. A resident of the Philippines for at least 1 yr.
immediately preceding the day of the election;
d. Able to read & write;
e. A bona fide member of the party or org. w/c he
seeks to represent for at least 90 days preceding
the day of the election;
f. At least 25 years of age on the day of the
election.
g. For the youth sector, he must be at least 25 years
of age but not more than 30 years of age on the
day of the election, & if he attains the age of 30
during his term, he shall be allowed to continue in
office until the expiration of his term.
G. Manner of Voting; Number; Raffle
Manner of Voting
Every voter shall be entitled to 2 votes; the first is a vote
for the candidate for member of the HoR in his legislative
district, & the second, a vote for the party, org. or coalition
he wants represented in the HoR; provided, that a vote cast
for a party, sectoral org. or coalition not entitled to be
voted for shall not be counted.
Number
The party-list reps. shall constitute 20% of the total no. of
the members of the HoR, including under the party list.
VIII. Automated Elections
A. History: RA 8346, as amended by RA 9369, providing
for the Automated Election System (AES) is the response of
the Congress to the consti mandate (Sec. 2, Art. V) to
provide a system for securing the secrecy & sanctity of the
ballot.
B. Automated Election System: It is a system using
appropriate technology w/c has been demonstrated in the
voting, counting, consolidating, canvassing & transmission of
election results & other electoral process.
C. Paper-based Election System: A type of AES that uses
paper ballots, records & counts votes, tabulates,
consolidates or canvasses & transmits electronically the
results of the vote count.
D. Minimum System Capabilities: The AES must at least
have the ff. functional capabilities:
a. Adequate security against unauthorized access;
15
b. Accuracy in recording & reading of votes & in the
tabulation, consolidation/canvassing, electronic
transmission, & storage of results;
c. Error recovery in case of non-catastrophic failure
of device;
d. System integrity w/c ensures physical stability &
functioning of the vote recording & counting
process;
e. Provision for voter verified paper audit trail;
f. System auditability w/c provides supporting
documentation for verifying the correctness of
reported election results;
g. An election management system for preparing
ballots & programs for use in the casting &
counting of votes & to consolidate, report &
display election result in the shortest time possible;
h. Accessibility to illiterates & disable voters;
i. Vote tabulating program for election, referendum
or plebiscite;
j. Accurate ballot counters;
k. Data retention provision;
l. Provide for the safekeeping, story & archiving for
physical or paper resource used in the election
process;
m. Utilize or generate official ballots;
n. Provide the voter a system of verification to find
out whether or not the machine has registered his
voice;
o. Configure access control for sensitive system data
& function.
E. Continuity Plan: A list of contingency measures, & the
policies for activation of such, that are put in place to
ensure continuous operation of the AES.
F. Advisory Council; Joint Congressional Oversight
Committee
Advisory Council: COMELEC shall create an advisory
council, w/c shall be convened not later than 18 mos. prior
to the next scheduled electoral exercise, & deactivated 6
mos. after completion of canvassing, w/ a primary function
of recommending the most appropriate, secure, applicable
& cost-effective technology to be applied in the AES, in
whole or in part, at that specific form in time.
Joint Oversight Committee: It is composed of 3 reps. each
from the Senate & the HoR, & 3 from the COMELEC to
monitor & evaluate the implementation of RA 8436. A
report to the Senate & HoR shall be submitted w/in 90
days from the date of election.
G. Nat’l Board of Canvassers: For senators & party-list
reps., the COMELEC sitting en banc as the nat’l board of
canvassers has the exclusive power to determine the
authenticity & due execution of the COCs for Senators.
For President & Vice President, the Congress, in a joint
pub. session, shall compose the nat’l board of canvassers.
IX. Recall: The termination of the official relationship of a
local elective official for loss of confidence prior to the
expiration of his term through the will of the electorate.
cassie notes
sbu-law 19-20
A. Ground: Loss of confidence on the local elective official
B. Procedure
a. It shall be initiated upon petition by at least 25%
of the total no. of registered voters in the LGU
concerned during the election in w/c the local
official sought to be recalled was elected.
b. A written petition for recall duly signed before the
election registrar or his rep., & in the presence of
a rep. of the petitioner & the rep. of the official
sought to be recalled, & in a pub. place in the
province, city, municipality, or brgy., as the case
may be, shall be filed w/ the COMELEC through
the office in the LGU concerned. The COMELEC or
its duly authorized rep. shall cause the publication
of the petition in a pub. & conspicuous place for a
pd. of 10 to 20 days, for the purpose of verifying
the authenticity & genuineness of the petition & the
req’d percentage of voters.
c. Upon the lapse of such pd., the COMELEC or its
duly authorized rep. shall announce the
acceptance of candidates to the position, &
prepare the list of candidates w/c shall include the
name of the official sought to be recalled.
d. Upon the filing of a valid petition for recall w/ the
appropriate local office of the COMELEC, the
COMELEC or its duly authorized rep. shall set the
date for the election on recall, w/c shall not be
later than 30 days after the filing of the petition
in the case of the brgy., city or municipal officials,
& 45 days in the case of provincial officials.
X. Failure of Elections, Postponement of Elections,
Special Elections
A. Grounds
a. The election in any polling place had not been
held on the date fixed on acct. of force majeure,
violence, terrorism, fraud or another analogous
causes;
b. The election in any polling place had been
suspended before the hr. fixed by law for the
closing of the voting on acct. of force majeure,
violence, terrorism, fraud, or other analogous
causes;
c. After the voting & during the preparation &
transmission of the election results in a failure to
elect on acct. of force majeure, violence, terrorism,
fraud or other analogous cases.
B. Call of Special Elections: For the validity of an election,
the voters must have notice, in some form, actual or
constructive, of the time, place & purpose thereof, & this is
stricter in implementation during special elections, or at
least, there must be a substantial compliance therewith.
Note: The prohibition on conducting special elections after
30 days from the cessation of the cause for failure of
election is only directory.
XI. Election offenses: Good faith is not a defense because
they are generally mala prohibita in nature.
16
A. Vote-buying, vote-selling, electoral sabotage, etc.
Among the prohibited acts under BP 881 are:
a. Vote buying & vote-selling,
1. Any person who gives, offers or promises
money or anything of value, gives or
promises any office or employment,
franchise or grant, pub. or private, or
makes or offers to make an expenditure,
directly or indirectly, or cause corp.,
entity, or community in order to induce
anyone or the pub. in general to vote for
or against any candidate or withhold his
vote in the election, or to vote for or
against any aspirant for the nomination or
choice of a candidate in a convention or
similar selection process of the political
party;
2. Any person, assoc., corp., grp. or
community who solicits or receives,
directly or indirectly any expenditure or
promise of any office or employment,
pub. or private, for any of the foregoing
considerations.
b. Conspiracy to bribe voters;
b. Wagering upon the result of the election, & any
money or thing of value put up as a bet shall be
forfeited in favor of the gov’t;
c. Threats, intimidation, terrorism, use of fraudulent
device or other forms of coercion;
d. Carrying of deadly weapon w/in a radius of
100m from the precinct;
e. Transfer or details of gov’t official/employee
during election pd. w/o prior COMELEC approval.
Electoral Sabotage: It is a special election offense
committed by any person or member of the board of
election inspectors (BEIs) or board of canvassers (BOCs)
who tampers, increases or decreases the votes received by
a candidate in any election, or any member of the board
who refuses after proper verification & hearing, to credit
the correct votes or deduct such tampered vote, such that
the tampering, increase or decrease of votes or refusal to
credit the correct votes &/or deduct tampered votes are
perpetrated on a large-scale or in substantial numbers
(when it exceeds 5k votes & affects the election results
adversely or when it simply exceeds 10k votes). Those
who conspired or connived w/ the members of the BEIs or
BOCs are likewise liable.
B. Persons Criminally Liable: Principals, accomplices &
accessories as defined under RPC
C. Penalties
For ordinary election offenses, any person found guilty of
such shall be punished w/ at least 1 yr. imprisonment but
not more than 6 yrs. & shall not be subj. to probation. He
will also be sentenced to suffer disqualification to hold
pub. office & deprivation of the right of suffrage. If he is a
foreigner, he shall be deported after the prison term has
been served. Any political party found guilty shall pay a
fine of at least P10k, w/c shall be imposed upon such party
cassie notes
sbu-law 19-20
after crim action has been instituted in w/c their
corresponding officials have been found guilty.
For electoral sabotage, the penalty shall be life
imprisonment.
D. Prosecution: Investigation & prosecution of election
offenses shall be given priority by the COMELEC.
The courts shall also give preference to such cases, except
petitions for a writ of habeas corpus, & shall be decided
w/in 30 days from submission.
E. Prescription: For offenses under Sec. 261, BP 881, 5
years from the date of commission
F. Jurisdiction
Investigation & Prosecution
The COMELEC has the exclusive jurisdiction to investigate
& prosecute cases of violations of election laws (Sec. 2(6),
Art. IX-C, Consti), but may validly delegate the same to the
Provincial Prosecutor.
Trial & Decision
The RTC has the exclusive original jurisdiction to try &
decide criminal cases for violation of election laws.
XII. Election Adjudication System
A. Jurisdiction of MTC/MeTC: Exclusive original jurisdiction
of cases involving elective brgy. positions
B. Jurisdiction of RTC: Exclusive original jurisdiction of
cases involving elective municipal positions
C. Jurisdiction of COMELEC:
a. Exclusive original jurisdiction of cases involving
elective regional, provincial, & city positions;
b. Appellate jurisdiction for decisions made by the
RTC, MTC, & MeTC, whose decision shall be final
& executory. RTC decisions shall be appealed
w/in 5 days from promulgation or receipt of a
copy thereof by the adverse party. An MR is a
prohibited pleading.
c. Petition via Rule 65 for GAD is not precluded.
d. COMELEC-decided cases are appealable to the
SC through a petition for review on certiorari
under Rule 64, in relation to Rule 65 of ROC, & to
be filed w/in 30 days from receipt of a copy of
decision on the ground of GAD.
D. Procedure in Election Contests (Courts, COMELEC): The
COMELEC shall prescribe the rules to govern the procedure
& other matters relating to all national, regional,
provincial, & city offices not later than 30 days before
such election, but for municipal & brgy. offices, the ff. rules
shall govern:
a. Notice of the protest contesting the election of a
candidate for a municipal or brgy. office shall be
served upon the candidate by means of a summons
at the postal address stated in his COC except
when the protestee, w/o waiting for the summon,
has made the court understand that he has been
17
notified of the protest or has filed his answer
hereto;
b. The protestee shall answer the protest w/in 5
days after receipt of the summons or, in case there
has been no summons from the date of his
appearance & in all cases before the
commencement of the hearing of the protest or
contest. The answer shall only deal w/ the election
in the polling places w/c are covered by the
allegations of the contest;
c. Should the protestee desire to impugn the votes
received by the protestant in other polling places,
he shall file a counter-protest w/in the same pd.
fixed for the answer serving a copy thereof upon
the protestant by registered mail or by personal
delivery or through the sheriff;
d. The protestant shall answer the counter-protest
w/in 5 days after notice;
e. W/in the pd. of 5 days counted from the filing of
the protest, any other candidate for the same
office may intervene in the case as other
contestants & ask for affirmative relief in his favor
by a petition for intervention, w/c shall be
considered as another contest, except it shall be
substantiated w/in the same proceedings. The
protestant or protestee shall answer the protest in
intervention w/in 5 days after notice;
f. If no answer shall be filed to the contest, counter-
protest, or to the protest in intervention, w/in the
time limits respectively fixed, a gen. denial shall
be deemed to have been entered;
g. In election contest proceedings, the permanent
registry list of voters shall be conclusive in regard
to the question as to who had the right to vote in
said election.
For judicial counting of votes in election contest, when the
allegations warrant or in the interests of justice, the court
shall immediately order the book of voters, ballot boxes
& their keys, ballots & other docs. used in the election be
brought before it & that the ballots be examined & the
votes recounted.
E. Procedure in HRET, SET, PET
a. HRET shall have exclusive original jurisdiction
over HoR members; SET for senators, & PET for
president & vice president;
b. The decision of the Electoral Tribunal is
appealable to the SC w/in 30 days from receipt
of a copy of the decision, through a Petition for
Review on Certiorari under Rule 65, on the ground
of GAD.
XIII. Appeal & Other Election Issues
A. Quo Warranto
Requisites
a. Filed by any registered voter in the constituency;
b. On grounds of ineligibility or disloyalty to the RP;
c. W/in 10 days from proclamation of the results of
election.
cassie notes
sbu-law 19-20
B. Substitution: If, after the last day for filing of COCs, an
official candidate of a registered political party dies,
withdraws, or is disqualified for any course, only a person
belonging to & certified by the same political party may
file a COC for the office not later than mid-day of the day
of the election (Sec. 77, BP 881). Absent an official
candidate, there can be no substitution because a valid
COC is a condition sine qua non for a disqualified
candidate to be validly substituted. Due process must also
be observed.

C. Withdrawal of COC: It has the effect of disqualification

of the candidate to be elected for the position, & must be
done w/in the pd. provided by law for the filing of the
COC.

D. Execution Pending Appeal: The COMELEC cannot

deprive the RTC of its competence to order execution of
judgment pending appeal, because the mere filing of an
appeal does not divest the RTC of its jurisdiction over a
case and the authority to resolve pending incidents. Since
the court had jurisdiction to act on the motion (for
execution pending appeal) at the time it was filed, that
jurisdiction continued until the matter was resolved, and
was not lost by the subsequent action of the opposing
party.

E. Appeal Fee/Filing Fee: Failure to pay the basic docket

fee may result to the dismissal of the protest, although the
COMELEC is not constrained to do so on this basis for it has
authority to suspend reglementary pds. provided in its rules
in the interest of justice & speedy resolution of cases.

To perfect an appeal, as in Lloren v. COMELEC, 2 appeal

fees are req’d—one before the lower court where the
notice of appeal was filed, & another with the COMELEC
Cash Division.

Dumayas v. COMELEC: The exceptions to the rule that the

filing of an election protest or quo warranto precludes the
subsequent filing of a pre-proclamation controversy or
amts. to an abandonment of one earlier filed are:
a. The BOCs was improperly constituted;
b. Quo warranto is not the proper remedy;
c. What was filed was not really an election protest
or a quo warranto but a petition to annul
proclamation;
d. The filing of an election contest was expressly
made w/o prejudice to the pre-proclamation
controversy or was made ad cautelam;
e. The proclamation was null & void.

18
cassie notes
sbu-law 19-20
ADMIN LAW
A. Overview: Admin law is a branch of pub. law w/c fixes
the organization & determines the competence of admin
authorities & indicates the individual remedies for the
violation of his rights. Its kinds are:
a. Statutes setting up admin authorities;
b. Rules, regulations or orders of such admin
authorities promulgated pursuant to the purposes
for w/c they are created;
c. Determinations, decisions & orders of such admin
authorities made in the settlement of controversies
arising in their particular fields;
d. Body of doctrines & decisions dealing w/ the
creation, operation & effect of determinations &
regulations of such admin authorities.
B. Administrative Agencies: These are organs of gov’t,
other than a court & other than a legislature, w/c affects
the rights of private parties either through adjudication or
rule-making. It may be created either by consti provision,
legislative enactment or authority of law.
An agency is admin where its function is primarily
regulatory even if it conducts hearings & determines
controversies to carry out its regulatory duty. On its rule-
making authority, it is admin when it does not have
discretion to determine what the law shall be but merely
prescribes details for the enforcement of the law.
C. Powers of Administrative Agencies: The powers of
admin agencies are quasi-legislative or rule-making
power, quasi-judicial or adjudicatory power, &
determinative powers.
D. Quasi-Legislative Power: It is the exercise of delegated
legislative power, w/c involves the authority to fix the
details in the execution or enforcement of a policy set out
in the law itself, & no discretion. The same may be
exercised if there is a law that delegates this power to
them.
Nature & Kinds
a. Supplementary or Detailed Legislation: They are
in the nature of subordinate legislation, &
designed to implement a primary legislation by
providing the details thereof.
b. Interpretative Legislation: They are rules &
regulations construing or interpreting provisions of
a statute to be enforced & to explain existing
statutory regulations under w/c the admin body
operates. They are binding until changed, & have
the presumption of legality.
c. Contingent Legislation: They are made by an
admin authority on the existence of certain facts
or things upon w/c the enforcement of the law
depends.
Requisites for Validity
a. It must be issued under authority of law, & there
must be a valid law delegating the legislative
power;
19
b. It must be w/in the scope & purview of the law;
c. It must be reasonable;
d. There must be publication in the O.G. or in a
newspaper of gen. circulation, as in EO 200.
E. Quasi-Judicial Power: The admin body is normally
granted the authority to promulgate its own rules of
procedure, provided, that they do not increase, diminish or
modify substantive rights, & subj. to the disapproval of the
SC. Its proceedings partake of the character of judicial
proceedings, & the requisites of due process must be
complied w/.
Admin Due Process & Exceptions to Notice & Hearing
[i] Requisites of Admin Due Process: see Ang Tibay case
[ii] Exceptions to Notice & Hearing
a. Grant of provisional authority for increased
rates, or to engage in a particular line of business;
b. Summary proceedings of distraint & levy upon the
prop. of a delinquent taxpayer;
c. Cancellation of a passport when no abuse of
discretion is committed by the Sec. of Foreign
Affairs;
d. Summary abatement of nuisance per se w/c
affects the immediate safety of persons or prop.;
e. Preventive suspension of a pub. officer or
employee pending investigation of admin charges
filed against him.
Incidental Powers & Res Judicata
[i] Incidental Powers
a. Power to punish contempt, see Dumarpa case;
b. Where provided by law, appeal from an admin
determination may be made to a higher or
superior admin officer or body;
c. The President exercises control over all exec.
depts., & he or the dept. secretaries [by the Alter
Ego Doctrine], may affirm, modify, alter or reverse
the admin decision of subordinate officials or
employees;
d. The appellate admin agency may conduct
additional hearings whenever necessary.
[ii] Res Judicata: The decisions & orders of admin agencies
have upon their finality, the force & binding effect of a
final judgment w/in the purview of the doctrine of res
judicata. These decisions & orders are as conclusive upon
the rights of the affected parties as though the same had
been rendered by a court of gen. jurisdiction. The rule of
res judicata forbids the reopening of a matter once
determined by competent authority acting w/in their
exclusive jurisdiction.
F. Judicial Review & Exhaustion of Admin Remedies
Doctrine of Prior Resort/Primary Jurisdiction: Where there
is competence or jurisdiction vested upon an admin body
to act upon a matter, no resort to the courts may be made
before such admin body shall have acted upon the matter.
This applies only when the admin body exercises quasi-
judicial functions.
Exceptions to Exhaustion
cassie notes
sbu-law 19-20
a. Doctrine of Qualified Political Agency or Alter
Ego Doctrine, such that when the Undersecretary
of DENR denied the MR, he was acting on behalf
of the Sec. of DENR, & so, the admin remedies had
been exhausted;
b. Where the admin remedy is fruitless;
c. Where there is estoppel on the part of the admin
agency;
d. Where the issue involved is purely a legal
question;
e. Where the admin action patently illegal,
amounting to lack or excess of jurisdiction;
f. Where there is unreasonable delay or official
inaction;
g. Where there is irreparable injury or threat
thereof, unless judicial recourse is immediately
made;
h. In land cases, where the subj. matter is private
land;
i. Where the law does not make exhaustion a
condition precedent to judicial recourse, or where
no admin review is provided by law:
j. Where observance of the doctrine will result in the
nullification of the claim;
k. Where there are special reasons or circumstances
demanding immediate court action;
l. When due process of law is clearly violated;
m. When the rule does not provide a plain, speedy
& adequate remedy.

[ii] Questions w/c may be subj. of Judicial Review

a. Questions of law;
b. Questions of fact, although as a gen. rule, factual
findings of admin agencies are generally
conclusive upon the courts if supported by
substantial evidence, except:
▪ When expressly allowed by statute;
▪ Fraud, imposition or mistake other than
error of judgment in evaluating the
evidence;
▪ Error in appreciation of the pleadings &
in the interpretation of the documentary
evidence presented by the parties;
c. Mixed Questions of Law & Fact or Brandeis
Doctrine of Assimilation of Facts: Where what
purports to be a finding upon a question of fact is
so involved w/ & dependent upon a question of
law as to be in substance & effect a decision on
the latter.

20
cassie notes
sbu-law 19-20
LAW OF PUBLIC OFFICERS
A. The Concept of Public Office: Pub. office is the right,
authority or duty, created & conferred by law, by w/c for
a given pd., either fixed by law or enduring at the pleasure
of the creating power, an individual is invested w/ some
sovereign power of gov’t to be exercised by him for the
benefit of the pub.
Elements
a. Created by law or by authority of law;
b. Possess a delegation of a portion of the sovereign
powers of gov’t, to be exercised for the benefit of
pub.;
c. Powers conferred & duties imposed must be
defined, directly or impliedly, by the legislature or
by legislative authority;
d. Duties must be performed independently & w/o
the control of a superior power other than the law,
unless they be those of an inferior or subordinate
office created or authorized by legislature;
e. Must have permanence or continuity.
B. Requirements for Public Office & Civil Service
Eligibility, Qualification, & Inhibitions
[i] Qualification & Eligibility
a. When used in the sense of endowments, qualities
or attributes, it refers to the qualifications w/c must
be possessed by the individual at the time of
appointment/election & continuously for as long
as the official relationship continues, & the loss of
any of the qualifications during incumbency shall
be a ground for termination.
b. When referring to the act of entering into the
performance of the functions of the office, the
failure of an officer to perform an act req’d by
law could affect the officer’s title to the given
office.
[ii] Inhibitions under the Consti
a. Sec. 6, Art. IX-B: No candidate who lost in an
election shall, w/in 1 yr. after such election, be
appointed to any office in Gov’t.
b. Section 7(1), Art. IX-B: No elective official shall
be eligible for appointment or designation in any
capacity to any pub. office or position during his
tenure.
c. Sec. 7(2), Art. IX-B: Unless otherwise allowed by
law or by the primary functions of the position, no
appointive official shall hold any other position in
Gov’t.
d. Sec. 13, Art. VII: The President, VP, the members
of the Cabinet, & their deputies or assistants shall
not unless otherwise provided in the Consti, hold
any other office or employment during their
tenure.
e. Sec. 13, Art. VI: No Senator or Member of the HoR
may hold any other office or employment in the
Gov’t, or any subd., agency, or instrumentality
thereof, including GOCCs or their subsidiaries,
during his term w/o forfeiting his seat. Neither
shall he be appointed to any office w/c may have
21
been created or the emoluments thereof increased
during the term for w/c he was elected.
f. Sec. 12, Art. VIII: The Members of the SC & of
other courts established by law shall not be
designated to any agency performing quasi-
judicial or admin functions.
g. Sec. 2, Art. XI-A: No Member of a Consti
Commission shall, during his tenure, hold any other
office or employment. Note: Also applies to the
Ombudsman & his Deputies under Sec. 8, Art. XI;
h. Sec. 11, Art. XI: The Ombudsman & his Deputies
shall not be qualified to run for any office in the
election immediately preceding their cessation
from office.
i. Sec. 1, Art. IX-B; Sec. 1, Art. IX-C; Sec. 1, Art. IX-
D; Sec. 8, Art. XI: Members of the Consti
Commissions, the Ombudsman & his Deputies must
not have been candidates for any elective
position in the elections immediately preceding
their appointment.
j. Sec. 1(2), Art. IX-B; Sec. 1(2), Art. IX-C; Sec. 1(2),
Art. IX-D; Sec. 11, Art. XI: Members of the Consti
Commissions, the Ombudsman & his Deputies are
appointed to a term of 7 yrs. w/o reappointment.
k. Sec. 13, Art. VII: The spouse & relatives by
consanguinity or affinity w/in the fourth civil
degree of the President shall not during his tenure
be appointed as Members of the Consti
Commissions, or the Office of the Ombudsman, or
as Secretaries, Undersecretaries, chairmen or
heads of bureaus or offices, including GOCCs.
Appointment/Election
[i] Steps in Appointing Process
For Regular Appointments
a. Nomination by the President;
b. Confirmation by the Commission on Appointments;
c. Issuance of the commission as written evidence of
appointment;
d. Acceptance of the appointee.
Note: In the case of ad interim appointments, issuance &
acceptance precede confirmation.
For Appointments Not Requiring Confirmation
a. Appointment by the appointing authority;
b. Issuance of the commission;
c. Acceptance by the appointee.
Where the Appointment is to the Career Service of the
Civil Service: Attestation or approval by the CSC is req’d.
Note: Appointment not submitted to CSC w/in 30 days is
ineffective.
[ii] Classification of Appointment
a. Permanent: It is extended to a person possessing
the requisite qualifications, including the
eligibility req’d, for the position, & is protected by
the consti guarantee of security of tenure.
b. Temporary: It is an acting appointment, & is
extended to one who may not possess the
requisite qualifications or eligibility req’d by law
cassie notes
sbu-law 19-20
for the position, & is revocable at will, w/o the
necessity of just cause or a valid investigation.
Scope of Civil Service & Authority of the Commission
[i] Scope (Sec. 2(1), Art. IX-B, Consti): It embraces all
branches, subds., instrumentalities & agencies of the Gov’t,
including GOCCs w/ original charters.
[ii] Authority: The CSC has exclusive jurisdiction over
disciplinary cases & involving personnel action affecting
employees in the Civil Service, as well as employment
status & qualification standards, including authority to
recall an appointment.
Classes of Service
[i] Career Service: It is characterized by entrance based on
merit & fitness to be determined, as far as practicable by
competitive exams, or based on highly technical
qualifications, opportunity for advancement to higher
career positions, & security of tenure.
▪ Career Executive Service: see PEZA Board of
Directors case & General case
[ii] Non-career Service: It is characterized by entrance on
bases other than those of the usual tests utilized for the
career service, tenure ltd. to a pd. specified by law, or w/c
is coterminous w/ that of the appointing authority or subj.
to his pleasure, or w/c is ltd. to the duration of a particular
project for w/c purpose the employment was made. Those
under this classification are:
a. Elective officials, & their personal & confidential
staff;
b. Dept. heads & officials of Cabinet rank who hold
office at the pleasure of the President, & their
personal & confidential staff;
c. Chairmen & members of commissions, & boards w/
fixed terms of office, & their personal &
confidential staff;
d. Contractual personnel or those whose employment
in gov’t is in accordance w/ a special contract to
undertake a specific work or job requiring special
or technical skills not available in the employing
agency, to be accomplished w/in a specific pd.
not exceeding 1 yr., under their own responsibility,
w/ the minimum direction & supervision;
e. Emergency & seasonal personnel.
Personnel Actions
[i] Promotion: It is a movement from one position to another
w/ increase in duties & responsibilities as authorized by
law & usually accompanied by an increase in pay.
a. Next-in-rank Rule: When a vacancy occurs, the
employees who occupy the next lower positions in
the occupational grp. under w/c the vacant
position is classified, & are competent, qualified,
& w/ the appropriate civil service eligibility, must
be given preference in promotion.
b. Automatic Reversion Rule: All appointments
involved in a chain of promotions must be
submitted simultaneously for approval by the
CSC. The disapproval of the appointment of a
person proposed to a higher position invalidates
22
the promotion of those in the lower positions &
automatically restores them to their former
positions. The affected persons are entitled to
payment of salaries for services actually
rendered at a rate fixed in their promotional
appointments.
[ii] Appointment through Certification: It is issued to a
person who has been selected from a list of qualified
persons certified by the CSC from an appropriate register
of eligibles, & who meets all the qualifications prescribed
in the position.
[iii] Transfer: It is a movement from one position to another
w/c is of equivalent rank, level or salary w/o break in
service. It may also be imposed as an admin penalty.
[iv] Reinstatement: Any person who has been
permanently appointed to a position in the career service
& who has, through no delinquency or misconduct, been
separated therefrom, may be reinstated to a position in the
same level for w/c he is qualified.
[v] Detail: It is the movement of an employee from one
agency to another w/o the issuance of an appointment, &
shall be allowed only for a ltd. pd. in the case of
employees occupying professional, technical & scientific
positions.
[vi] Reassignment: It is the movement of an employee from
one organizational unit to another in the same dept. or
agency, w/c does not involve a reduction in rank, status or
salary. No issuance of new appointment is needed, but only
an office order from a duly authorized officer. It is a
management prerogative & is presumed regular.
[vii] Reemployment: Names of persons who have been
appointed permanently to positions in the career service
& who have been separated as a result of reduction in
force &/or reorganization, shall be entered in a list from
w/c selection for reemployment shall be made.
C. De Facto Officers: A de facto officer is one who has the
reputation of being the officer that he assumes to be, & yet
is not a good officer in point of law. The elements to be a
de facto officer are:
a. A validly existing pub. office;
b. Actual physical possession of said office;
c. Color of title to the office.
The gen. rule is that the rightful incumbent of a pub. office
may recover from an officer de facto the salary received
by the latter during the time of his wrongful tenure, even
though he entered into the office in good faith & under
color of title.
Note: The exception to the gen. rule is where there is no de
jure officer, the officer de facto who in good faith has had
possession of the office & has discharged the duties
pertaining thereto, is legally entitled to the emoluments of
the office, & may, in an appropriate action, recover the
salary, fees & other compensations attached to the office.
cassie notes
sbu-law 19-20
D. Authority of the Public Officer: It consists of those
powers w/c are expressly conferred upon him by the act
appointing him; expressly annexed to the office by the
law; & attached to the office by common law as incidents
to it. It may only be exercised during the term when the
pub. officer is, by law, invested w/ the rights & duties of
the office.
By the Doctrine of Necessary Implication, it includes all
powers necessary for the effective exercise of the express
powers are impliedly granted.
E. Salary & Perquisites
Right to Salary
Salary: It is the personal compensation to be paid to the
pub. officer for his services, & it is generally a fixed annual
or periodical payment depending on the time & not on the
amt. of the services he may render. The salary of a pub.
officer cannot be garnished because pub. policy prohibits
the assignment of unearned salaries or fees. Note:
Compensation, allowances & other benefits received by the
gov’t officials & employees w/o the requisite approval or
authority of the DBM are unauthorized & irregular.
Right to Preference in Promotion: Although the right does
not prevail over the discretion of the appointing authority.
Right to Vacation & Sick Leave: Elective local officials shall
be entitled to the same leave privileges as those enjoyed
by appointive local officials, including the commutation &
cumulation thereof.
Right to maternity Leave
Right to Retirement Pay
Right to Reimbursement for expenses incurred in the Due
Performance of his duty
Right to be Indemnified against any liability w/c they may
incur in the bona fide discharge of their duties
Right to Longevity Pay: It refers to the grant of loyalty
award based on continuous & satisfactory service.
F. Liability of Public Officers
Gen. Rule: A pub. officer is not liable for injuries sustained
by another as a consequence of official acts done w/in the
scope of his official authority, except as otherwise
provided by law.
Exceptions
a. Statutory liability:
▪ Art. 27, CC;
▪ Art. 32, CC;
▪ Art. 34, CC;
▪ Sec. 38(2), Chap. 9, Book I, AC;
b. Liability on Contracts: The pub. officer shall be
personally liable on contracts he enters into if he
acted w/o, or exceeded his, authority.
c. Liability for Tort: The pub. official shall be
personally liable if he goes beyond the scope of
23
his authority, or exceeds the powers conferred
upon him by law.
d. Threefold Liability Rule: The wrongful acts or
omissions of a pub. officer may give rise to civil,
crim, & admin liability. An action for each can
proceed independently of the others.
e. Liability of Ministerial Officers:
▪ Nonfeasance – Neglect or refusal to
perform an act w/c is the officer’s legal
obligation to perform;
▪ Misfeasance – Failure to use that degree
of care, skill & diligence req’d in the
performance of official duty;
▪ Malfeasance – The doing, through
ignorance, inattention or malice, of an act
w/c he had no legal right to perform;
f. Command Responsibility: A head of a dept. or
a superior officer shall not be civilly liable for the
wrongful acts, omissions of duty, negligence or
misfeasance of his subordinates, unless he has
actually authorized by written order the specific
act or misconduct complained of.
G. Termination of Official Relations
Expiration of Term or Tenure
Note: Term is the pd. of time during w/c a pub. officer has
the right to hold the pub. office, while Tenure is the pd. of
time during w/c the pub. officer actually held office.
Reaching Age Limit: For the members of the Judiciary, the
compulsory age of retirement is 70 y/o, & for other gov’t
officers & employees, it is 65 y/o.
Note: Special retirement laws allowing optional retirement
after an officer has rendered a minimum no. of yrs. of
gov’t service, when availed, is deemed termination of
official relationship through reaching the age limit.
Retirement from service during the pendency of an admin
case does not render the case moot & academic.
Resignation: It is the act of giving up or the act of a pub.
officer by w/c he declines his office & renounces the further
right to use it. Voluntariness & acceptance by competent
authority are essential elements. It is effective upon the
date specified in the tender, & if there is none, when the
pub. officer receives notice of the acceptance.
Note: It does not divest court of jurisdiction.
Recall: It is the termination of official relationship of an
elective official for loss of confidence prior to the
expiration of his term through the will of the electorate. It
is exercised by the registered voters of an LGU to w/c the
local elective official subj. to such recall belongs.
see Recall under Election Law for further info
Removal: It is subj. to the consti guarantee of security of
tenure. Removal not for a just cause, or non-compliance w/
the prescribed procedure constitutes a reversible error, &
entitles the officer or employee to reinstatement w/ back
salaries & w/o loss of seniority rights.
cassie notes
sbu-law 19-20
Preventive Suspension: There are 2 kinds of preventive
suspension of civil service employees who are charged w/
offenses punishable by suspension or removal:
a. Preventive suspension pending investigation;
b. Preventive suspension pending appeal.

The proper disciplining authority may preventively

suspend for 90 days any subordinate officer or employee
under his authority pending investigation if the charge
against such officer or employee involves dishonesty,
oppression or grave misconduct, or neglect in the
performance of duty, or if there are reasons to believe
that the respondent is guilty of charges w/c would
warrant his removal from the service.

Note: It is not a penalty. It a measure to investigate the

charges by preventing the respondent from intimidating or
in any way influencing witnesses against him.

Other Modes
a. Abandonment: It is the voluntary relinquishment
of an office by the holder, w/ the intention of
terminating his possession & control thereof.
b. Acceptance of Incompatible Office: By the nature
& relation of the 2 offices to each other, they
ought not to be held by one person from the
contrariety & antagonism w/c would result in the
attempt by one person to faithfully & impartially
discharge the duties of one, toward the incumbent
of the other. Acceptance of incompatible office
ipso facto vacates the other, except when the pub.
officer is authorized by law to accept the other
office;
c. Abolition of Office: Except when restrained by
Consti, Congress has the right to abolish an office,
even during the term for w/c an existing incumbent
may have been elected. See Mendoza case for
requisites;
d. Prescription of the Right to office: A petition for
reinstatement after illegal ouster or dismissal, or
the recovery of the pub. office, must be instituted
w/in 1 yr. from the date the petitioner is
unlawfully ousted from the office. See Tumulak case
for rationale;
e. Impeachment
f. Death
g. Failure to Assume Office: The office of any
official elected who fails or refuses to take his oath
of office w/in 6 mos. from his proclamation shall
be considered vacant, unless said failure is for a
cause or causes beyond his control.
h. Conviction of a Crime: When the penalty
imposed, upon conviction, carries w/ it the
accessory penalty of disqualification, conviction
by final judgment automatically terminates
official relationship. Note: While a plenary
pardon extinguishes the accessory penalty of
disqualification, it will not restore the pub. office
to the officer convicted;
i. Filing of the COC

24