Dear all,

In compliance with instructions/directives from the Dean’s office to the law faculty
to ensure continued learning during the quarantine period, here is how we will
proceed:
1. I am sending you a revised version of Admin V reading assignment and I want
you to digest in handwritten form ALL the cases cited therein to be submitted on
April 16. I expect quality digests which will be graded accordingly and which shall
form part of your midterm grades. We will no longer discuss the cases on April 16
but only the comments of De Leon on judicial review.
2. I am also sending you Admin VI reading assignment which shall also be taken up
in its entirety on April 16.
3. Midterm exam will be on April 23.
4. If the lockdown period goes beyond April 16, we may have to forego with the
midterm exam and continue with special assignments and just have a final exam
with a 50-50 split to determine your final grade. Midterm grade will consist of your
grades in recitation, special assignments and attendance.
In the meantime, stay safe and healthy everyone.
Thank you.
JGOracion

Admin(V)

A. Review of past lesson on administrative proceedings, administrative due

process.
Read: Paat vs. CA, G.R. No. 111107 (Disregard the 2nd issue on the legality
of the seizure and forfeiture of the truck)
Judicial Review of or Reliefs against Administrative Actions( Read De Leon’s
notes and comments)

1. Policy of the courts in general

a. Non-interference unless there is a clear showing of whimsical
exercise of judgment or grave abuse of discretion amounting to
lack of jurisdiction
2. Right to judicial review
a. Right granted by statute or where review a matter of right under
the Constitution(Section 1, Article VIII of the 1987 Philippine
Constitution)
b. Where right of review not provided by statute Read: San Miguel
Corporation vs. Secretary of Labor, 64 SCRA 57
3. Conclusiveness of administrative findings
a. Factual findings supported by substantial evidence
Read: Board of Medical Education vs. Alfonso, 176 SCRA 304
Lovina vs. Moreno, 2 SCRA 898
b. Only administrative actions which have attained finality are subject
to judicial review
4. Division of functions between courts and administrative agencies
a. Doctrine of primary jurisdiction, concept and application
 Read: Villaflor vs. CA, G.R. No. 95694, IEI vs. CA, G.R. No.
8850,Nestle Philippines vs. Uniwide Sales, Inc.,G.R. No. 174674
b. Doctrine of exhaustion of Administrative remedies, concept and
application and exceptions thereto
Read: Catipon vs. Japson, G.R, No. 191787, Corriga vs. Defensor,
G.R. No. 139302
5. Statutory methods of review
a. Appeal
Read: Secretary of Agriculture and Natural Resources vs. Judge of
Court of First Instance, 97 Phil. 125
b. Certiorari
Read: Collector of Internal Revenue vs. Aznar, G.R. No. L-10370

Admin(VI)

For the course on law on public officers, we will use as primary reference the book
written by Hector De Leon, Sr., entitled. The Law on Public Officers and Election
Law,2008 edition. Familiarize yourselves with the constitutional provisions cited in
the reading assignment so as to facilitate discussion in our next meeting.

Preliminary:
1. Review of past lesson on primary jurisdiction and exhaustion of
administrative remedies and exceptions thereto.
2. Statutory methods of review and the assigned cases..
3. Permissible delegation of legislative power under the Constitution to the
President(Sections 23 and 24,Article VI, Constitution) and to local
governments (Sections 3,5 and 10, Article X, Constitution)

Article VI

SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to declare the
existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period and subject to such restrictions as it
may prescribe, to exercise powers necessary and proper to carry out a declared
national policy. Unless sooner withdrawn by resolution of the Congress, such
powers shall cease upon the next adjournment thereof.

SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of
the public debt, bills of local application, and private bills shall originate exclusively
in the House of Representatives, but the Senate may propose or concur with
amendments.

Article X
SECTION 3. The Congress shall enact a local government code which shall provide
for a more responsive and accountable local government structure instituted
through a system of decentralization with effective mechanisms of recall, initiative,
and referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election,
appointment and removal, term, salaries, powers and functions and duties of local
officials, and all other matters relating to the organization and operation of the local
units.

SECTION 5. Each local government unit shall have the power to create its own
sources of revenues and to levy taxes, fees, and charges subject to such guidelines
and limitations as the Congress may provide, consistent with the basic policy of
local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local
governments.

SECTION 10. No province, city, municipality, or barangay may be created, divided,

merged, abolished, or its boundary substantially altered, except in accordance with
the criteria established in the Local Government Code and subject to approval by a
majority of the votes cast in a plebiscite in the political units directly affected.

The Law on Public Officers

1. General principles

Definition of public office

Aparri vs. CA
G.R. No. L-30057
Facts: The Board of Directors of the National Resettlement and Rehabilitation
Administration approved Resolution No. 13 which appointed Aparri as its General
Manager. The power of the Board of Directors to appoint its General Manager is
provided for in Par. 2 of Section 8 of RA No. 1160. Later, the Board approved
Resolution No. 24 and fixed the term of office of the General Manager to March 31,
1962. Aparri then filed a petition to annul the resolution of NARRA’s Board of
Directors and to command the Board to allow him to continue in office as General
Manager until he vacates said office in accordance with law.

Issue: Whether or not Board Resolution No. 24 (series of 1962) was a removal or
dismissal of petitioner without cause.

Ruling: WE affirm. WE hold that the term of office of the petitioner expired on
March 31,1962.

A public office is the right, authority, and duty created and conferred by law, by
which for a given period, either fixed by law or enduring at the pleasure of the
creating power, an individual is invested with some portion of the sovereign
functions of the government, to be exercised by him for the benefit of the public.
The right to hold a public office under our political system is therefore not a natural
right. It exists, when it exists at all, only because and by virtue of some law
expressly or impliedly creating and conferring it. There is no such thing as a vested
interest or an estate in an office, or even an absolute right to hold office. Excepting
constitutional offices which provide for special immunity as regards salary and
tenure, no one can be said to have any vested right in an office or its salary.

Definition of public officer

Revised Penal Code

Art. 203. Who are public officers. — For the purpose of applying the provisions of
this and the preceding titles of this book, any person who, by direct provision of the
law, popular election or appointment by competent authority, shall take part in the
performance of public functions in the Government of the Philippine Islands, of shall
perform in said Government or in any of its branches public duties as an employee,
agent or subordinate official, of any rank or class, shall be deemed to be a public
officer.

RA 3019
Art. 2 (b) "Public officer" includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or unclassified or exempt service
receiving compensation, even nominal, from the government as defined in the
preceding subparagraph.

Constitution
Article XI
SECTION 1. Public office is a public trust. Public officers and employees must at all
times be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest
lives.

Creation:
Constitution-e.g., Office of The President
Law-e.g., Securities and Exchange Commission
Authority of law-e.g., Davide Commission

What distinguishes an office from an employment

Laurel vs. Desierto

G.R. No. 145638
Facts:
Administrative Order No. 223 constituted the National Centennial Celebrations
Commission which was mandated to take charge of the nationwide preparations of
the National Celebration of the Philippine Centennial of the Declaration of Philippine
Independence and the Inauguration of the Malolos Congress. The Commission was
also charged with the responsibility to prepare, for approval of the President, a
Comprehensive Plan for the Centennial Celebrations. Subsequently, a corporation
named the Philippine Centennial Expo '98 Corporation (Expocorp) was created.
Laurel was elected Expocorp CEO.
Later, Senator Coseteng delivered a privilege speech in the Senate denouncing
alleged anomalies in the construction and operation of the Centennial Exposition
Project at the Clark Special Economic Zone. The Senate Blue Ribbon Committee
recommended the prosecution by the Ombudsman/DOJ of Laurel, chair of NCC and
of Expocorp. Laurel filed with the Office of the Ombudsman a Motion to Dismiss
questioning the jurisdiction of said office on the ground that he is not a public office
because NCC is private organization. He submits that there was no delegation of
sovereign functions, he did not receive compensation and the tenure of the NCC
was only temporary.

Issue: Whether or not the NCC is a public office.

Ruling: Yes. The NCC was created under Administrative Order No. 223 and
Executive Order No. 128 to ensure a more coordinated and synchronized
celebrations of the Philippine Centennial and wider participation from the
government and non-government or private organizations. It aims to implement
the state policies on the promotion of the nation's historical and cultural heritage
and resources. It is thus a public office performing executive functions. Thus, the
Chairman of this Committee is a public officer who may be investigated by the
Office of the Ombudsman.

The most important characteristic which distinguishes an office from an

employment or contract is that the creation and conferring of an office involves a
delegation to the individual of some of the sovereign functions of government, to be
exercised by him for the benefit of the public; – that some portion of the
sovereignty of the country, either legislative, executive or judicial, attaches, for the
time being, to be exercised for the public benefit. Unless the powers conferred are
of this nature, the individual is not a public officer.

2. Eligibility and Qualification requirements

a. In general
Where office is created by law, Congress has the power to prescribe qualifications
to and disqualifications from such office provided they do not violate the
Constitution.
Where office is created by the Constitution, the general rule is the criteria
prescribed for qualification and disqualification is exclusive.

Qualifications prescribed for certain officers by the Constitution:

Art. VII
SECTION 2. No person may be elected President unless he is a natural-born
citizen of the Philippines, a registered voter, able to read and write, at least
forty years of age on the day of the election, and a resident of the Philippines
for at least ten years immediately preceding such election.
SECTION 3. There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with and in the same manner as the
President. He may be removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such

appointment requires no confirmation.

Art. VI
SECTION 3. No person shall be a Senator unless he is a natural-born citizen of
the Philippines, and, on the day of the election, is at least thirty-five years of
age, able to read and write, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the
election.

SECTION 6. No person shall be a Member of the House of Representatives

unless he is a natural-born citizen of the Philippines and, on the day of the
election, is at least twenty-five years of age, able to read and write, and,
except the party-list representatives, a registered voter in the district in which he
shall be elected, and a resident thereof for a period of not less than one year
immediately preceding the day of the election.

Art. VIII
SECTION 7.
(1) No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A Member
of the Supreme Court must be at least forty years of age, and must have been
for fifteen years or more a judge of a lower court or engaged in the practice
of law in the Philippines.
(3) A Member of the Judiciary must be a person of proven competence, integrity,
probity, and independence.

Art. IX-C
SECTION 1. (1) There shall be a Commission on Elections composed of a
Chairman and six Commissioners who shall be natural-born citizens of the
Philippines and, at the time of their appointment, at least thirty-five years of
age, holders of a college degree, and must not have been candidates for any
elective position in the immediately preceding elections. However, a majority
thereof, including the Chairman, shall be Members of the Philippine Bar who have
been engaged in the practice of law for at least ten years.

Sec. 8, Art. IX

a. Formal qualifications must be possessed not only at the time of

appointment or election but during the officer’s tenure and may be
challenged when lost.

Labo vs. COMELEC

G.R. No. 16808
Facts:

b. Oath of office is a qualifying requirement for a public office.

c. Disqualifications

General disqualifications under the Constitution

Art. IX-B
SECTION 6. No candidate who has lost in any election shall, within one year after
such election, be appointed to any office in the Government or any government-
owned or controlled corporations or in any of their subsidiaries.

SECTION 7. No elective official shall be eligible for appointment or designation in

any capacity to any public office or position during his tenure.

Unless otherwise allowed by law or by the primary functions of his position, no

appointive official shall hold any other office or employment in the Government or
any subdivision, agency or instrumentality thereof, including government-owned or
controlled corporations or their subsidiaries.

Art. VI
SECTION 13. No Senator or Member of the House of Representatives may hold
any other office or employment in the Government, or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries, during his term without forfeiting his seat. Neither shall he be
appointed to any office which may have been created or the emoluments thereof
increased during the term for which he was elected.

Art. VIII
SECTION 12. The Members of the Supreme Court and of other courts established
by law shall not be designated to any agency performing quasi-judicial or
administrative functions.

Art. IX-A
SECTION 2. No Member of a Constitutional Commission shall, during his tenure,
hold any other office or employment. Neither shall he engage in the practice of any
profession or in the active management or control of any business which in any way
be affected by the functions of his office, nor shall he be financially interested,
directly or indirectly, in any contract with, or in any franchise or privilege granted
by the Government, any of its subdivisions, agencies, or instrumentalities, including
government-owned or controlled corporations or their subsidiaries.

Secs. 8 and 11,Art. IX

Special disqualifications under the Constitution

Art. VII
SECTION 13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold
any other office or employment during their tenure. They shall not, during said
tenure, directly or indirectly, practice any other profession, participate in any
business, or be financially interested in any contract with, or in any franchise, or
special privilege granted by the Government or any subdivision, agency, or
instrumentality thereof, including government-owned or controlled corporations or
their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their
office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree
of the President shall not during his tenure be appointed as members of the
Constitutional Commissions, or the Office of the Ombudsman, or as Secretaries,
Undersecretaries, chairmen or heads of bureaus or offices, including government-
owned or controlled corporations and their subsidiaries.

Read: Civil Liberties Union vs. Executive Secretary, 194 SCRA 317
Consecutive terms-Sections 4 and 7, Art. VI
Previous term-Sec. 4,Art. VII, Sec. 11, Art.XI,
3. Modes of acquisition
a. Election
b. Appointment- Read: Borromeo vs. Mariano, G.R. No. 16808 (majority opinion
and appointment issue only)
Appointment by the President- Constitution, Article VIII, Section 16
Categories :
1).Regular or those made when Congress is in session
2).Ad interim or those made when congress is not in session.
3). De facto officers doctrine
Read: General Manager, PPA vs. Monserate, G.R. No. 129616
4. Powers, Duties and Norms of Public Officers
a. Scope of powers- Read: Lo Cham vs. Ocampo, G.R. No. L-831, RCPI vs.
Santiago, 58 SCRA 493
b. Ministerial vs. Discretionary power- Read: Miguel vs. Zulueta, G.R. No. L-19869,
Aprueba vs. Ganzon, G.R. No. L-20867
c. Norms of conduct
1) Duty to make financial disclosures- Read: Morfe vs. Mutuc, G.R. No. L-30057
2) Public Disclosure of Assets and Liabilities under the Code of Conduct and Ethical
Standards for Public Officials
3) Specific duties such as acting promptly on letters and requests in accordance
with the Anti- Red Tape Law (ARTA)
5. Rights and Privileges of Public Officers
a. Right to compensation and prohibition against double compensation
b. Right to Self-organization-Constitution, Article XI-B, Section 2(5), Article III,
Section 8, Article XIII, Section 2(par.2)
c. Prohibited mass and concerted actions acts such as strikes, slowdown, sitdown
and mass leave that result to stoppage or disruption of public service
JGOracion

Message from Atty. Oracion:

Hello and I hope this finds all of you well. It has been almost a month since I last
communicated with you and by this time, I assume you have accomplished the
following:
1. Finished the handwritten digests of the assigned cases regarding Judicial Review
and Reliefs Against Administrative Actions. I advise you to pay particular attention
to the San Miguel Corp. vs. NLRC and Paat cases.
2. Finished watching all 16 episodes of the Korean drama Crash Landing On You
and cried buckets of tears.
It’s on to the next batch of assignments as follows:
1. You are to submit handwritten digests of CLU vs. Executive Secretary, 194 SCRA
317 and Funa vs. Agra, G.R. No. 191644. In addition to the digests ,please answer
the following questions:
a. Can the Secretary of Health become a member of the board of PAGCOR? Why?
b. Can the Secretary of Transportation become a member of the board of
PHILHEALTH? Why?
c. What are the 3 constitutional exceptions to the prohibition against the President,
Vice-President members of the cabinet and their deputies from holding other
offices?
Take note that the doctrine laid down by the Supreme Court in the CLU vs. ES case
is oftentimes asked in the bar in Political Law.
2. Election Law
In the 2019 elections, a senatorial candidate had his name and face splashed all
over the country long before the campaign period had even started which is 90
days for national candidates and 45 days for local candidates, before the date of
election.. Such publicity in the form of print, broadcast and television spots was
estimated to have cost P400 million and alleged to have come from public funds.
That candidate won easily and is now a senator.
The question that I would like you to resolve is, can a disqualification case be
brought against that candidate now senator for a a seemingly blatant violation of
election laws prohibiting premature campaigning.? The answer can be found in case
decided by the Supreme Court in 2009. Find that case and submit a handwritten
digest.
I expect all assignments to be submitted to Ms. Wyra on or before June 5, 2009.
Regards and please stay safe and healthy.
JGOracion
Admin(VI)
For the course on law on public officers, we will use as primary reference the book
written by Hector De Leon, Sr., entitled. The Law on Public Officers and Election
Law,2008 edition. Familiarize yourselves with the constitutional provisions cited in
the reading assignment so as to facilitate discussion in our next meeting.
Preliminary:
1. Review of past lesson on primary jurisdiction and exhaustion of administrative
remedies and exceptions thereto.
2. Statutory methods of review and the assigned cases..
3. Permissible delegation of legislative power under the Constitution to the
President(Sections 23 and 24,Article VI, Constitution) and to local governments
(Sections 3,5 and 10, Article X, Constitution)
The Law on Public Officers
1. General principles
Definition of public office, Read: Aparri vs. CA, G.R. No. L-30057
Definition of public officer- Art.203, Revised Penal Code, Art. 2,RA 3019
Constitution, Article XI, Section 1
Creation:
a. Constitution-e.g., Office of The President
b. Law-e.g., Securities and Exchange Commission
c. Authority of law-e.g., Davide Commission
What distinguishes an office from an employment, Read: Laurel vs. Desierto, G.R.
No. 145638
2. Eligibility and Qualification requirements
a. In general
1). Where office is created by law, Congress has the power to prescribe
qualifications to and disqualifications from such office provided they do not violate
the Constitution.
2). Where office is created by the Constitution, the general rule is the criteria
prescribed for qualification and disqualification is exclusive.
Qualifications prescribed for certain officers by the Constitution:
Sections 2 and 3,Art. VII, Sections 3 and 6, Art. VI, Section 7(1),7(3),Art. VIII,
Sec.1(1), Art. IX-C, Sec. 8, Art. IX
b. Formal qualifications must be possessed not only at the time of appointment or
election but during the officer’s tenure and may be challenged when lost.
Read: Labo vs. COMELEC, G.R. No. 16808
b. Oath of office is a qualifying requirement for a public office.
c. Disqualifications
-General disqualifications under the Constitution-Sec.6, Sec. 7(1) and Sec. 7(2) of
Art. IX-B, Sec. 13, Art. VI, Sec. 12, Art. VIII, Sec. 2, Art. IX-A, Secs. 8 and 11,Art.
IX
-Special disqualifications under the Constitution
Sec. 13, Art. VII, Read: Civil Liberties Union vs. Executive Secretary, 194 SCRA 317
Consecutive terms-Sections 4 and 7, Art. VI
Previous term-Sec. 4,Art. VII, Sec. 11, Art.XI,
3. Modes of acquisition
a. Election
b. Appointment- Read: Borromeo vs. Mariano, G.R. No. 16808 (majority opinion
and appointment issue only)
Appointment by the President- Constitution, Article VIII, Section 16
Categories :
1).Regular or those made when Congress is in session
2).Ad interim or those made when congress is not in session.
3). De facto officers doctrine
Read: General Manager, PPA vs. Monserate, G.R. No. 129616
4. Powers, Duties and Norms of Public Officers
a. Scope of powers- Read: Lo Cham vs. Ocampo, G.R. No. L-831, RCPI vs.
Santiago, 58 SCRA 493
b. Ministerial vs. Discretionary power- Read: Miguel vs. Zulueta, G.R. No. L-19869,
Aprueba vs. Ganzon, G.R. No. L-20867
c. Norms of conduct
1) Duty to make financial disclosures- Read: Morfe vs. Mutuc, G.R. No. L-30057
2) Public Disclosure of Assets and Liabilities under the Code of Conduct and Ethical
Standards for Public Officials
3) Specific duties such as acting promptly on letters and requests in accordance
with the Anti- Red Tape Law (ARTA)
5. Rights and Privileges of Public Officers
a. Right to compensation and prohibition against double compensation
b. Right to Self-organization-Constitution, Article XI-B, Section 2(5), Article III,
Section 8, Article XIII, Section 2(par.2)
c. Prohibited mass and concerted actions acts such as strikes, slowdown, sitdown
and mass leave that result to stoppage or disruption of public service
JGOracion

Admin(VII)
Public Officers
A. Norms of conduct and Rights and privileges of public officers (continuation)
1. Right to reinstatement and backwages in case dismissal is illegal
Read: David vs. Gania, G.R. No. 156039 (disregard ruling on procedural issues, focus on ruling
re backwages issue)
2. Next in rank principle
Read: Meram vs. Edralin, G.R. No. 71228, Luego vs. CSC, G.R. No. 69137
B. Disabilities and inhibitions of public officers
1. Prohibition against engaging in political partisan activity, Constitution, Art. IX-B, Section
2(4), Art. XVI, Section 5(3)
Read: People vs. De Venecia, G.R, No. L-20808
C. Liabilities of public officers
1. Liability for unexplained wealth, Republic Act No,. 1379, Section 2 (Forfeiture of
Unexplained Wealth), Republic Act No. 3018, Section 8 (Anti-Graft and Corrupt practices Act)
D. Termination of official relations
1. Expiration of term
Term vs. tenure
Read: Ingles vs. Mutuc, G.R. No. L-20390
Holdover principle
2. Resignation
Read: Estrada vs. Desierto, G.R. No. 14670-15
3. Misconduct in office /Recall
Read: Palma vs. Fortich, G.R. No. L-596793 Read: Claudio vs. COMELEC, G.R. No. 140560
Admin(VIII)
The outline below is intended to give you a working knowledge of the electoral process in the
Philippines. Study and familiarize yourself with the Constitutional provisions and statutes cited
therein. Read De Leon’s comments as well.
General provisions/principles of Election Law
1. Constitutional provisions
a. Preamble- sec. 1,Declaration of Principles and State Policies, Constitution
b. Suffrage- Art. V, Constitution
c. The Commission on Elections-Art. VI, Constitution
Composition-sec. 1(1), Art. IX , Constitution
Mandate- sec. 2, Art. IX-C, Constitution
Scope:
-Election
-Plebiscite- Secs. 10,11,18, Art. X, Constitution
-Referendum-Sec. 32, Art. VI, Constitution, RA no. 6735
-Initiative- Sec. 32, Art. VI, Constitution, RA No. 6735
-Recall-Sec. 3, Art. X, Constitution, sec. 69-75, RA no. 7160
Read: Claudio vs. COMELEC, G.R, No. 140650
2. Election
a. Significant laws governing elections:
1.) Batas Pambansa Blg. 881, Omnibus Election Code(OEC)
2.) RA No. 7941, Party List System Act
3.) RA No. 9006, Fair Elections Act
4.) RA No. 6646, Electoral Reform Law of 1987
5.) RA No. 7166, Synchronized National and Local Elections
6.) RA No. 9189, Overseas Absentee Voting Act
7.) RA No. 8436, Automated Election System
8.) RA No. 9369, Election Modernization Act
b. Election process
1.) Pre-election period
Registration of voters-sec. 115(OEC)
Filing of certificate of candidacy (COC)-sec.73,OEC
See Sec. 14, RA No. 9006 (Fair Election Act) re elective officials running for any office other
than the one which he is holding
2.) Election campaign period
Prohibited acts- secs. 81,82,83(OEC)
Campaign period-sec. 80(OEC), sec. 5, RA No. 7166
Limitations upon expenses-sec. 13, RA No. 7166
3.) Election proper
Frequency and date of election-sec. 2, RA No. 7166
Automated Elections System-RA No. 9369 amending RA No. 8436
The system includes voting, counting, consolidating, canvassing and transmission.
4.) Canvassing and Proclamation
Sec. 21,22,23,37, RA No. 9369
Board of Election Inspectors (BEI)-sec. 164(OEC)
National Board of Canvassers
Provincial Board of Canvassers
City Board of Canvassers
Municipal Board of Canvassers
a. Winning candidate-sec. 231(OEC)
b. Elections resulting in a tie-sec. 240(OEC)
JGOracion
Admin(IX)
Contested elections
1. Cancellation of certificate of candidacy
Contents, when to file, grounds for cancellation- BP Blg. 881, Sections 74,75 and 78
a. Material or false representations-, Read Aquino vs.COMELEC , G.R. No. 12065
FACTS: Agapito A. Aquino filed his Certificate of Candidacy for the position of Representative
for the new Second Legislative District of Makati City. Respondents filed a petition to disqualify
Agapito A. Aquino2 on the ground that the latter lacked the residence qualification as a
candidate for congressman which, under Section 6, Art. VI of the 1987 the Constitution, should
be for a period not less than one (1) year immediately preceding the May 8, 1995 elections. A
day after said petition for disqualification was filed, petitioner filed another certificate of
candidacy amending the certificate dated March 20, 1995. This time, petitioner stated in Item 8
of his certificate that he had resided in the constituency where he sought to be elected for one (l)
year and thirteen (13) days. COMELEC promulgated a Resolution dismissing petition for
Disqualification. Aquino won the election.

ISSUE: Whether or not COMELEC's finding of non-compliance with the residency

requirement of 1 year against the petitioner is valid.

RULING: Yes
The Constitution requires that a person seeking election to the House of Representatives should
be a resident of the district in which he seeks election for a period of not less than one (l) year
prior to the elections. This Court held that the term "residence" has always been understood as
synonymous with "domicile". Clearly, the place "where a party actually or constructively has his
permanent home," 21 where he, no matter where he may be found at any given time, eventually
intends to return and remain, i.e., his domicile, is that to which the Constitution refers when it
speaks of residence for the purposes of election law.
As found by the COMELEC en banc petitioner in his Certificate of Candidacy for the May 11,
1992 elections, indicated not only that he was a resident of San Jose, Concepcion, Tarlac in 1992
but that he was a resident of the same for 52 years immediately preceding that election. 23 At the
time, his certificate indicated that he was also a registered voter of the same district. 24 His birth
certificate places Concepcion, Tarlac as the birthplace of both of his parents Benigno and
Aurora. 25 Thus, from data furnished by petitioner himself to the COMELEC at various times
during his political career, what stands consistently clear and unassailable is that this domicile of
origin of record up to the time of filing of his most recent certificate of candidacy for the 1995
elections was Concepcion, Tarlac.
While property ownership is not and should never be an indicia of the right to vote or to be voted
upon, the fact that petitioner himself claims that he has other residences in Metro Manila coupled
with the short length of time he claims to be a resident of the condominium unit in Makati (and
the fact, of his stated domicile in Tarlac) "indicate that the sole purpose of (petitioner) in
transferring his physical residence" 27 is not to acquire's new residence or domicile "but only to
qualify as a candidate for Representative of the Second District of Makati City." 28 The absence
of clear and positive proof showing a successful abandonment of domicile under the conditions
stated above, the lack of identification — sentimental, actual or otherwise — with the area, and
the suspicious circumstances under which the lease agreement was effected all belie petitioner's
claim of residency for the period required by the Constitution, in the Second District of Makati.
As the COMELEC en banc emphatically pointed out:
[T]he lease agreement was executed mainly to support the one year residence requirement as a
qualification for a candidate of Representative, by establishing a commencement date of his
residence. If a perfectly valid lease agreement cannot, by itself establish; a domicile of choice,
this particular lease agreement cannot do better.

elective position of Representative of Makati City's Second District on the basis of respondent
commission's finding that petitioner lacks the one year residence in the district mandated by the
1987 Constitution.

b. Nuisance candidate-BP Blg. 881, Section 69, Read: Bautista vs. COMELEC, G.R. No. 133840
2. Disqualification
Grounds therefor, BP Blg. 881, Section 12 and 68
a. Overspending-Read Ejercito vs. COMELEC, G.R. No. 212398 ( This is a long case, focus on
the overspending issue only and the SC’s final resolution)
b. Three-term limit- Read Lonzanida vs. COMELEC, G.R. No. 135150, Borja vs. COMELEC,
G.R. No. 133495
c. When to file- COMELEC Resolution No. 2050 (November 3, 1988)
1). Complaint filed before election
2). Complaint filed before election and not resolved before election
3). Complaint filed after election and proclamation of winner
4). Complaint filed after election but before proclamation
3. Failure of elections
Grounds therefor- BP Blg. 881, Sections 5 and 6, RA No. 7166, Section 4
Read: Pungutan vs. Abubakar, G.R. No. L-33541
4.Pre-Proclamation controversy
Definition/What constitutes a pre-proclamation controversy, BP Blg. 881, Sections 241 and 243
Read Macabago vs. COMELEC, G.R. No. 152163
4. Election protest and quo warranto
a. An election protest raises the question of who actually won the elections and therefore entitled
to office
b. Quo warranto is a proceeding to unseat the winning candidate because he is ineligible or
disloyal and may not necessarily install petitioner in his place.
Read Rosal vs. COMELEC,G.R. No. 168253,Salvacion vs. COMELEC, G.R. No. 84673-74 and
De Castro vs. Ginete, G.R. No. 50058 (Focus on estoppel election protest issues)
JGOracion

Key notes on the Law on Public Officers And Election Law

A. Public Officers
1. What is a public office?
It is a right, duty and authority conferred by law, by which, for a given period of time, either
fixed by law or enduring at the pleasure of the appointing power, a person/individual is invested
with some portion of the sovereign functions of government, to be exercised by him for the
benefit of the public.
What is the character/standard of a public office and what is expected of a public officer? Public
office is a public trust. Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty and efficiency and lead modest
lives (Section 1, Article XI, Constitution).
I can’t help but comment that most of our public officers are exactly the opposite.
2. How is public office acquired and who are considered public officers? It is acquired either by
election or appointment. Section 2 of RA No. 3019 states that public officers include, elected,
appointed, permanent, temporary whether in the classified or unclassified or exempt service class
receiving compensation even nominal from government (see Laurel vs. Desierto). See also
Article 203 of the Revised Penal Code.
3. Not everyone can become a public officer, a person must possess certain qualifications and
those qualifications for a public office are prescribed by the Constitution and by law. Formal
qualifications must be possessed not only at the time of appointment or election but during the
tenure of the office and may be challenged when lost (Labo vs. COMELEC).
4. What are the rights and privileges of a public officer?
a. Right to compensation.
b. Right to self-organization although government employees are prohibited from taking mass or
concerted actions such as strikes, sitdowns, and mass leaves that results to stoppage or disruption
of public services (Section 2(5), Art. IX-B, Section 8,Article III, Section 3(2), Article XIII,
Constitution).
c. Right to security of tenure, that a government employee cannot be removed except for cause
(Section 2(3),Article IX-B, Constitution) and the corollary right to reinstatement and backwages
in case of illegal dismissal.
5. One of several prohibited activities imposed on public officers is that they are prohibited from
engaging in political partisan activities except to vote. No officer or employee in the civil service
shall engage directly or indirectly, in any electioneering or partisan political campaign (Section
2(4), Article IX-B, Constitution). This prohibition includes all members or the military (Section
5(3),Article XVI, Constitution). Partisan political activity means openly supporting a candidate
and soliciting votes in favor of a candidate. It includes contributing money for election purposes
to a candidate (People vs. De Venecia).
6. What is the scope of power of a public officer?
Such powers are limited to:
a. Those expressly conferred upon him by law under which he has been appointed or elected.
b. Those expressly annexed to the office.
c. Those attached to the office as incident to it (Chan vs. Ocampo, RCPI vs. Santiago).
7. In general, such powers may be further classified into:
a. Ministerial powers- It involves merely execution of a specific duty without regard to or the
exercise of his own judgment e.g., registration of a chattel mortgage or real estate mortgage by
the Register of Deeds or enforcing writs of execution by a court sheriff.
b. Discretionary- It requires the exercise of reason and discretion in determining how or whether
the act shall be done e.g., granting business and construction permits.
In case of inaction by a public officer, mandamus is the remedy to compel a specific action
If the act sought is purely ministerial and to compel action only if the act sought is discretionary.
So, for example, if the RD fails or refuses to register/annotate a real estate mortgage on the title
of the mortgagor which is in its custody, the RD can be compelled by mandamus to make the
annotation. On the other hand, if the mayor’s office refuses or neglects to act upon an application
for a business permit, mandamus may be resorted to but merely to compel the mayor’s office to
act on the application which may be favorable or unfavorable to the applicant.
8. Norms of conduct of a public officer and liabilities.
Section 8(A) of RA No. 6713 or the Code of Conduct and Ethical Standards for public officials
mandate public officials to submit under oath a Statement of Assets, Liabilities and Net Worth
(SALN) and a disclosure of business interests and those of their spouses and children under 18
years of age and living in their households, within 30 days after assumption of office and on or
before April 30 of every year thereafter.
If a public officer is found to have acquired an amount of property during his incumbency which
is manifestly out of proportion to his salary as a public officer and other lawful income, such
property shall be prima facie presumed to be unlawfully obtained. (Section 2, RA No. 1379).
Further, under Section 6, if an employee fails to satisfactorily show to the court that such amount
or properties were lawfully acquired, the court shall declare such property forfeited in favor of
the state.
Administratively, the public official who is found to have illegally acquired property during his
incumbency shall be dismissed from office (Section 8, RA No. 3017, Graft and Corrupt Practices
Act).
Worth mentioning here is RA No. 9485 or the Anti- Red Tape Act (ARTA) of 2007, which states
that all public officials and employees shall, within 15 working days from receipt thereto,
respond to letters, telegrams and other means of communication sent by the public. The reply
must contain the specific action taken on the request.
9. How is public office lost or terminated? Among others, by:
a. Impeachment- Under the Constitution, the President, Vice-President, members of the Civil
Service commission, Commission on Election, Commission on Audit, Ombudsman and justices
of the Supreme Court may be removed from office only by impeachment.
b. Resignation- It is a voluntary act by which a public office is relinquished and in order to be
valid, there must be 1) an intent to resign coupled by 2) acts of relinquishment ( Estrada vs.
Desierto).
c. Expiration of term- Term is the period fixed by the Constitution or by law by which a public
official shall remain in or hold office. For example, the Constitution fixes the term of the
President, Vice-President and Senators at 6 years. All other elective officials except barangay
officials, shall have a term of 3 years.
Tenure on the other hand is the actual period or time that a public official served in office which
may be shorter but not longer than the term fixed by law.
In the case of confidential employees (e.g., cabinet secretaries, city legal officer, provincial
administrator), they have no fixed terms and they serve at the pleasure of the appointing power.
Their term ends when the appointing power loses trust or confidence in them (Ingles vs. Mutuc).
B. Election Law
Summary of the electoral process in the Philippines:
1. Pre-election period
a. Registration of voters
It is axiomatic that one has to register in order to vote (Sections 115,117, Omnibus Election
Code). and the applicant must meet the qualifications set forth in Section 1, Article II of the
Constitution. Applicants may seek registration with the election registrar in the city or
municipality where they reside. After notice and hearing of the application, registration and
issuance of voter’s ID follow.
c. Filing of Certificate of Candidacy (COC)
d. It is an indispensable requirement under the Constitution that a candidate must be a registered
voter in order to run for office. The COC contains, among others, the name of the candidate,
residence, citizenship and the public office that he is running for and is filed with the
COMELEC. It must be filed not later than the date fixed by law for the beginning of the
campaign period. If filed beyond the deadline, the COC is not valid.
2. Election/campaign period
Unless otherwise determined by the COMELEC, the election period is 90 days before the day of
election and 30 days thereafter (Section 3, Article 1, OEC). In the last elections, the CPMELEC
set the election period from January 13, 2019 to June 12, 2019 and election day May 13, 2019 or
a total of 150 days.
On the other hand, the same section, as amended, provides that the campaign period for
presidential, vice-presidential, senatorial and party list elections is 90 days before the day of
election and 45 days before the day of election for all other elective positions except barangay
officials.
Rallies, meetings and caucuses are permitted during the campaign period. Campaign posters are
limited as to size and places of display. Campaign funds cannot be solicited nor collected from
cockfights, lotteries or beauty contests nor can it be solicited from foreign governments,
individuals or entities ( Sections 81,82,83, OEC).
3. Election proper
Elections in the Philippines are held every second Monday of May. Frequency is every 6 years
for President, Vice-President and senators and every 3 years for all other elective officials except
for barangay officials. Voters cast their votes at polling places or precincts which are manned by
the chairman and members of the Board of Election Inspectors (BEI). Under RA No. 9369,
elections in the Philippines have been automated which includes voting, counting, consolidating ,
canvassing and transmission.
4. Canvassing and Proclamation
In a presidential election for example, election results from the various precincts or polling
places are transmitted to:
a. Municipal Board of Canvassers which canvasses the votes for Mayor, Vice-Mayor and
councilors and proclaim the winners thereof. Election results for President, Vice-President,
senators, congressman, party list, governor, vice-governor and board members are transmitted to
the Provincial Board of Canvassers.
b. In the case of a city, the City Board of Canvassers canvasses the election results for
congressman, Mayor, Vice- Mayor and councilors transmitted by the precincts and proclaim the
winners thereof. Election results for President and Vice-President are transmitted to the National
board of Canvassers and election results for senator and party list are transmitted to the
COMELC.
c. In the case of a province, the Provincial Board of Canvassers canvass the election results for
congressman, governor, vice-governor and board members transmitted by the municipalities and
proclaim the winners thereof. Election results for President and Vice-President are transmitted to
the National Board of Canvassers and election results for senator and party list are transmitted to
the COMELEC.
d. The COMELEC canvasses the election results for senator and party list transmitted by the
provinces and cities and proclaims the winners thereof
e. The Senate and Congress sit jointly as the National Board of Canvassers and canvass the
election results for President and Vic-President coming from the provinces and cities and
proclaim the winning candidates for the said positions.
Winning candidates are those who obtained the highest number of votes cast (Section 231,
OEC). In cases where two or more candidates have received an equal and highest number of
votes or two or more candidates received the same number of votes for the last place in the
number to be elected (e.g., 8th and last place for councilor), the Board of canvassers shall
proceed to the drawing of lots and shall proclaim the candidate who wins or is favored by luck
(Section 240, OEC).
C. Contested Elections
In every phase of the election process, a disqualification case may be filed by one candidate
against the other for alleged violation of election laws. To help you understand how this comes
about, I want you to read and submit handwritten digests of the following cases cited in Admin
XI for your last assignment. These cases are just but five of hundreds of cases decided by the
Supreme Courts regarding election disputes.
1. Aquino vs. COMELEC
2. Bautista vs. COMELEC
3. Lonzanida vs. COMELEC
4. Borja vs. COMELEC
5. Ejercito vs. COMELEC