ADMEL FINALS
DE LEON BOOK
NOTICE AND HEARING
• N and H are not essential to the validity
of administrative action
• The person whose rights or property
may be affected by the action is entitled
to notice and hearing – does not
connote full adversial proceedings (as
long as able to explain the side)
• Due process is fulfilled when a party was
given reasonable opportunity to be
heard.
• Deprivation of opportunity to be heard
violative of due process.
• Right to hearing and prior notice –
usually granted by the statute if not by
due process clause of the Consti
• Those who do not avail themselves of
the opportunities to answer cannot
complain denial of due process.
A party is entitled to notice to prepare his
defense.
• Procedural rules governing service of
summons are not strictly construed in QJ
proceedings. Substantial compliance is
sufficient.
Failure to comply with the requirements as to
notice and process may result to failure to
acquire jurisdiction.
• Personal notice is not required where it
is impossible to give such notice to all
who may be interested in the matter.
DENIAL OF DUE PROCESS MAY BE CURED.
• The law prohibits absolute absence of
previous notice and lack of opportunity
to be heard. Not the absence of previous
notice.
ELEMENTS OR ESSENTIALS OF RIGHT TO
HEARING.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
• Fair and adequate
• Rights of the party interested:
- To present his case
- To know the claims of the opposing
party and to meet them
- To cross-examine witnesses
- Submit rebuttal evidence
• Actual hearing is not always essential
- As long as the party was given the
opportunity to be heard, he cannot
be said to have been denied due
process of law.
Administrative Agency must consider the
evidence presented.
INVESTIGATION v. HEARING
Investigation – informal proceedings to obtain
info to govern future actions, have no parties,
not proceedings.
Hearing – there are parties and issues of law and
of fact to be tried and at the conclusion of the
hearing. Parties are entitled to present in person
or by counsel, participate in hearing and be
furnished of the record of the proceedings.
In the exercise of quasi-judicial or adjudicatory
powers, administrative agencies may not
deprive, nor may a statute empower them to
deprive a person of his constitutionally
protected rights of life, liberty, and property,
without notice and hearing which is adequate
and fair
• Notice and hearing, as the fundamental
requirements of procedural due process,
are essential only when an
administrative body exercises its quasi-
judicial function. In Exec or QL – no need
to comply
Proceedings in which no hearing is required
• the presence of the parties is not always
the cornerstone of due process.
ADMEL FINALS
• Due process of law depends upon the
circumstances
• Notice and hearing are needed if
constitutional right is invaded and the
constitution does not require a trial-type
hearing in every conceivable case of govt
impairment of private rights.
• If not personal right but a privilege – N
and H may not be essential.
• It is not essential where the proceeding
or power exercised is legislative,
executive, administrative, or ministerial
in nature and not judicial, quasi-judicial
or adjudicatory.
• Prior notice and hearing are not required
in
- Summary abatement of nuisance
per se which affects the immediate
safety of persons and property.
- Summary proceedings of distraint
and levy upon the property of a
delinquent taxpayer
- Preventive suspension of a public
officer.
• The right to a hearing may be waived.
- Failure to appear in a hearing even
though there was notice effects
forfeiture of his right to be heard.
APPLICABILITY OF RULES GOVERNING JUDICIAL
PROCEEDINGS
• Rules of court are suppletory in the
absence of valid administrative
provisions
• Strict legal rules are inapplicable.
• Rules on evidence need not be
observed. Only fundamentals like on the
cross-examination. Hearsay evidence
may even be admitted.
• Courts must act within their jurisdiction.
• No power to make conclusions of fact
before hearing all the parties concerned.
• Due process does not require a trial-type
of hearing.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
• It is satisfied if it has reasonable
opportunity to explain their side of the
controversy at hand.
DELEGATION OF AUTHORITY TO HEAR AND
RECEIVE EVIDENCE.
• The term admin bodies includes the
subordinate officials upon whose hand
the body or agency delegates a portion
of its authority.
• It does not preclude the admin officer
from seeking aid from his subordinates
• Sufficient that the judgment be
exercised by the officer authorized by
law.
• Due process requirements must be
observed.
• Proper officer acts on his judgment
EVIDENCE IN ADMIN PROCEEDINGS
• Not bound by strict rules.
• The evidence must be substantial.
• Substantial evidence is more than a
mere scintilla. It means such relevant
evidence as a reasonable mind might
accept as adequate to support a
conclusion
• Where two conflicting occasions are
supported by substantial evidence, the
administrative body may choose which
to uphold and for that reason even flip-
flop on its actual findings without
thereby committing grave abuse of
discretion.
• hearsay evidence is generally held
admissible in proceedings before
administrative agencies, at least for
limited purposes, especially when not
objected to. Can be used to supplement
any direct evidence.
• The courts have generally held that it is
improper for an administrative agency in
a quasi-judicial or adjudicatory
proceeding to base its decision or
ADMEL FINALS
findings upon facts gathered from its
own files without introducing the files in
evidence.
• The findings of fact of administrative
agencies must be respected so long as
they are supported by substantial
evidence.
• An administrative body may not require
a degree of proof higher than substantial
evidence.
• A decision or order with absolutely
nothing to support it is a nullity. The
decision must be based on the evidence
presented at the hearing.
• A judgment becomes final and executory
after the lapse of the period to appeal.
• There is no general principle that
mandates that all decisions of quasi-
judicial agencies are immediately
executory.
POWERS OF ADMIN BODIES TO MODIFY
THEIR DECISIONS.
• Subject to reconsiderations
• administrative authorities have the
power to modify their
determinations on the ground of
fraud of imposition, mistake,
surprise, inadvertence, or newly
discovered evidence, or to meet the
changed conditions, whether by
reason of express statutory
provision granting the power of
revision or by reason of principles
applied by courts.
APPLICATION OF THE DOCTRINE OF RES
JUDICATA
• A final judgment on the merits rendered
by a court of competent jurisdiction is
conclusive.
Action by admin appellate tribunal.
• Dependent upon type of determination
and proceedings.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
• The doctrine has been applied to admin
action that has been characterized by
the court as adjudicatory, judicial or
quasi-judicial. While to admin
determinations of admin, exec, legis, or
ministerial nature – rules of res judicata
have been held to be inapplicable.
• Res judicata may not be invoked in labor
relations proceedings
• Admin decisions is a matter of
interpreting the enabling statute.
• If admin determination has been
reviewed by courts, res judicata, if any
attaches to the court’s judgment rather
than to the admin decision.
ADMINISTRATIVE APPEAL AND REVIEW
• Inheres in the relation of admin
superior to admin subordinate
where determinations are made at
lower levels.
• Embraced in statutes which provide
for a determination to be made by a
particular officer or body subject to
appeal, review, or redetermination
• A statute where it attempts to make
a court a part of the admin scheme
by providing in terms or effect that
the court shall exercise powers of
such extent.
• A statute provides that an order
made by a division has the same
force and effect as if made by the
Commission subject to a rehearing
by the full Commission
• Where a statute provides for an
appeal to an officer on an
intermediate level
• Statutes which provide for appeal at
the highest like the President.
• Authority to reverse must be exercised
sparingly and upon a clear showing of
ADMEL FINALS
error. Lacking such flaw, the decision
must be sustained.
• The review must not be arbitrary.
• The reviewing officer must be other than
the officer whose decision is under
review.
• Final and executory decisions not
subject to review
Enforcement of Admin determinations
• Enforceable in the manner provided
by statute. If no remedy for
enforcement, unenforceable.
• In the absence of statute, admin
authorities may not enforce their
own determinations
• Judicial enforcement p if admin
bodies have no power to enforce
decisions, such orders can be
enforced by the courts.
• Execution takes place only when
they become final and executory.
CHAPTER VI – JUDICIAL REVIEW OF OR RELIEF
AGAINST ADMINISTRATIVE ACTIONS.
Judicial review – any form of judicial scrutiny.
Judicial review – questions of law or validity are
for the court.
Questions of fact, policy, or discretion are
determinable by the administrative agency.
Courts should not intervene with the actions of
government agencies unless there is grave abuse
discretion.
Right to judicial review
• Where granted by statute -
• Where legislation provides for an equal
appeal from decisions of certain admin
bodies to the CA, it means that such
bodies are co-equal with the RTC.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
• Where review not provided by statute –
There is no inherent right to judicial
review of the action of an admin agency.
- The Consti requires judicial review
even though there is no statute. To
prevent executive or administrative
officials from exceeding their
jurisdiction or taking arbitrary
actions.
- Political questions need not be
submitted to a court for review and
do not ordinarily fall within the
scope of the judicial power.
- Admin decision or action shall be
subject only to preclude judicial
review where no consti right was
involved.
- Judicial power, under the
Constitution, includes not only the
duty of courts to settle actual
controversies, but also the duty "to
determine whether or not there has
been a grave abuse of discretion
amounting to lack or excess of
jurisdiction on the part of any
branch or instrumentality of the
Government
There is re judicata when the following
requisites are present:
(a) final judgment or order;
(b) jurisdiction of the court (or agency)
over the subject matter and the parties;
and
(c) identity of parties, identity of subject
matter, and identity of cause of action.
They are still subject to judicial review if
they fail the test of arbitrariness.
Courts will not disturb on appeal the
factual findings of administrative
agencies. As long as supported by
substantial evidence.
ADMEL FINALS
If the administrative findings of facts are not
supported by substantial evidence, the same are
not binding on the courts.
FINALITY OF ADMINISTRATIVE ACTION FOR
PURPOSES OF REVIEW
• The petitioner filed an appeal but was
dismissed because it did not seek the
remedy from the Commission en banc as
required by its rules and regulations
• Judicial relief or review is often denied
for lack of finality where action of the
admin agency is only anticipated where
the action is still pending without final
disposition.
• An order required to be submitted to a
superior for approval is not final for
purposes of review.
• The pendency of an application for a
rehearing within the time prescribed by
law or regulations deprives the original
order of finality.
Exceptions to doctrine of finality.
a. Interlocutory order affecting merits of a
controversy
b. Grant relief to preserve the status quo
pending further action by the
administrative agency
c. Where it is essential to the protection of
the rights asserted from the injury
threatened
d. Where an admin officer assumes to act
in violation of Consti and other laws.
e. Where such order is not reviewable in
any other way and the complainant
suffers damage
f. An order was made in excess of power
Review allowed by statutory provisions…
Doctrine of Primary Jurisdiction
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
Involves cases specialized disputes
which are referred to an administrative agency
of special competence to resolve the same.
To guide a court in determining whether
it should refrain or not from exercising its
jurisdiction
Courts will not intervene with
controversy involving a question within the
jurisdiction of an admin tribunal – if it demands
the exercise of sound administrative discretion
requiring special knowledge, experience, and
services of the tribunal to determine technical
and intricate matters of fact.
This is to take full advantage of admin
expertness and to attain uniformity of
application of regulatory laws which can be
secured only if determination of the issue is left
to the admin body.
Doctrine requires litigants to address
their complaints initially to admin tribunals
rather than courts for relief.
The operation of the doctrine is to
determine whether initial consideration of the
matter should be by a court or by an agency.
APPLICATION OF THE DOCTRINE
whether or not the requirement of prior
resort should be imposed is said to depend on
the court's determination whether Congress
intended the issues to be left to the
administrative agency for initial determination.
• prior resort to an agency should be
limited to questions of fact and
questions requiring the skills of
administrative specialists.
• Questions of law may appropriately be
determined in the first instance by
courts
ADMEL FINALS

Doctrine of exhaustion of administrative

remedies.

where a remedy within an administrative agency

is provided or available against the action of an
administrative board, body, or officer, and can
still be resorted to by giving the said agency
every opportunity to decide correctly a given
matter that comes within its jurisdiction, relief
must be first sought by availing this remedy
before bringing an action in or elevating it to the
courts of justice for review.

• The premature invocation of a court’s

intervention is fatal to one’s cause of
action.

Legal and practical reasons for doctrine

It determines at what stage a person may secure

review of administrative action.

Application of doctrine

- It is a prerequisite of judicial review.

FINALS REVIEWER – ADMEL (Atty. Almio)

BY: PRT
ADMEL FINALS
NACHURA
EXHAUSTION OF ADMINISTRATIVE REMEDIES
Doctrine:
Whenever there is an available administrative
remedy provided by law, no judicial recourse can
be made until all such remedies have been
availed of and exhausted.
Before going to court, avail first all of the means
of administrative processes.
Reasons:
a. If relief is first sought from a superior
administrative agency, resort to the
courts may be unnecessary
b. The administrative agency should be
given a chance to correct its error
c. Principles of comity and convenience
require that the courts stay their hand
until the administrative processes are
completed
d. The proceedings will not normally
prosper if there is another plain speedy
and adequate remedy in the ordinary
course of law.
The rule must be observed in order to prevent
unnecessary and premature resort to courts.
Courts must allow administrative agencies to
carry out their functions and their
responsibilities within the specialized areas of
their respective competence.
Only those decisions of administrative agencies
made in the exercise of quasi-judicial powers are
subject to the rule on exhaustion of admin
remedies.
The Doctrine of Primary Jurisdiction applies only
to administrative agencies that exercises its
quasi-judicial or adjudicatory powers.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
The principle of exhaustion of administrative
remedies must yield in order to protect
fundamental rights.
DOCTRINE OF PRIMARY JURISDICTION
Where there is competence or jurisdiction
vested upon an administrative body to act upon
a matter, no resort to the courts may be made
before such administrative body shall have acted
upon the matter.
The doctrine 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 court give much weight to the government
agency or officials charged with the
implementation of the law, considering their
competence, expertise, experience and
informed judgment and the fact that they
frequently are the drafter of the law they
interpret.
Under the doctrine, courts cannot take
cognizance of cases pending before
administrative agencies of special competence.
When the issues presented do not require the
expertise, specialized skill and knowledge of the
administrative body, but are purely legal
questions – the doctrine should not be applied.
DOCTRINE OF FINALITY OF ADMINISTRATIVE
ACTION
No resort to the courts will be allowed unless the
administrative action has been completed and
there is nothing left to be done in the
administrative structure.
EXCEPTIONS TO THE DOCTRINE
1. Alter-ego Doctrine
2. Where the administrative remedy is
fruitless
3. Estoppel on the part of the
administrative agency
ADMEL FINALS

4. Where the issue involved is purely a legal Questions that may be subject of judicial review:
question
1. Questions of law
5. Where the administrative action is illegal
2. Questions of fact: the factual findings of
amounting to lack or excess of
administrative agencies are generally
jurisdiction.
conclusive upon the courts if there is
6. Where there is unreasonable delay or
substantial evidence. Courts are
official inaction.
precluded to review questions of fact.
7. Where there is irreparable or threat
Xpn:
thereof, unless judicial recourse is
a. When expressly allowed by statute
immediately made.
b. Fraud, imposition or mistake other
8. Where the subject matter is a private
than error of judgment in evaluating
land.
the evidence.
9. Where the law does not make
c. Error in appreciating the pleadings
exhaustion a condition precedent to
and in the interpretation of
judicial recourse, or where no
documentary evidence presented by
administrative review is provided by law.
the parties.
10. Where observance of the doctrine will
3. Mixed Questions of law and fact.
result in the nullification of the claim.
11. Where there are special reasons or Guidelines for the exercise of the power
circumstances demanding immediate
court action. 1. Findings of fact are respected as they are
12. When due process of law is violated supported by substantial evidence
13. When the rule does not provide plain, 2. It is not for the reviewing court to weigh
speedy and adequate remedy. the conflicting evidence
3. The administrative decision in matters
JUDICIAL REVIEW OF ADMINISTRATIVE within the executive jurisdiction can only
DECISIONS be set aside on proof of grave abuse of
discretion, fraud, collusion or error of
• Article VIII, Sec 1 of 1987 Constitution
law.
There is an underlying power in the courts to
scrutinize the acts of administrative agencies on
questions of law and jurisdiction although no
right of review is given by statute.

Methods of obtaining Judicial Review:

a. Statutory – pursuant to specific

statutory provision
b. Non-statutory – obtained by means of
the common law remedies, writ of
certiorari, madamus, habeas corpus

Direct – lack of jurisdiction or grave abuse

Collateral – relief other than setting aside of the

judgment.

FINALS REVIEWER – ADMEL (Atty. Almio)

BY: PRT
ADMEL FINALS
LAW ON PUBLIC OFFICERS
Public Office – right, authority or 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 sovereign power of
government to be exercised by him for the
benefit of the public.
Elements:
a. Created by law or authority of law
b. Possess a delegation of a portion of the
sovereign powers of government, to be
exercised for the benefit of the public
c. Powers conferred and duties imposed
must be defined, directly or impliedly, by
the legislature or by legislative authority.
d. Duties must be performed
independently and without the control
of a superior power other than law,
unless they be those of an inferior or
subordinate office created or authorized
by the legislature, and by it b=placed
under the general control of a superior
office or body
e. Must have permanence or continuity.
Public Officer – one who holds public office
Art 203, RPC – by direct provision of law, elected
or appointed by competent authority, take part
in the performance of public functions in the
government of the Ph Islands, as an employee,
agent or subordinate official of any rank or class.
- Can be temporary or permanent
- Career or Non-Career
- Receiving compensation
Clerk – person clerical/manual nature. Does not
involve discretion
Officer – not clerical. Involves exercise of
discretion in the performance of functions of
government
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
QUALIFICATIONS
a. Endowments, qualities or attributes
which makes an individual eligible for
public service
b. Refer the act of entering into the
performance of the functions of a public
office – ex: taking an oath
Case of Frivaldo
Case Maquira v. Borra
– requiring a candidate to post a bond is
unconstitutional
Loss of any of the qualifications during the
incumbency will be a ground for termination
Failure of an officer to perform an act required
by law could affect the officer’s title to the given
office.
Oath of office – qualifying requirement for a
public office. When an officer takes his oath, he
has the right to enter into the position and be
considered complete and plenary.
The pendency of an election protest is not
sufficient basis to enjoin him from assuming
office or from discharging his functions.
Authority to prescribe qualifications.
• If prescribed by the Constitution –
generally exclusive
• If created by statute – the Congress has
plenary powers to prescribe provided
that (i) the qualifications are germane to
the objectives for which the public office
was created (ii) the qualifications are not
too specific as to fit a particular and
identifiable person.
The qualifications are considered as a continuing
qualification and be possessed at the time of the
appointment.
ADMEL FINALS
DISQUALIFICATIONS
Can be prescribed by the Constitution, Statute,
and Authority by law.
In DUMLAO v COMELEC, mere filing of criminal
information deemed as a prima facie proof of
guilt is considered to be unconstitutional.
General Disqualifications under the
Constitution
Sec. 6, Article IX-B – no candidate who lost in an
election shall, within one year after such
election, be appointed to any office in
Government
Sec. 7 (1), Art. IX-B – No elective official shall be
eligible for appointment or designation in any
capacity to any public office or position during
his tenure.
Sec 7 (2) Art IX-B – no appointive official shall
hold any other position in Government
Check National Amnesty Commission v.
COA in page 535 of Nachura
Specific Disqualifications under the
Constitution
Sec 13, Art. VII - The President, Vice President,
the Members of the Cabinet, and their deputies
or assistants shall not, unless otherwise provided
in the Constitution, hold any other office or
employment during their tenure
Sec. 13, Art. VI - 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
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
Sec 12, Art VIII - 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
No Member of a Constitutional Commission
shall, during his tenure, hold any other office or
employment [Sec. 2, Art. IX-A]. The same
disqualification applies to the Ombudsman and
his Deputies [Sec. 8, Art. XI]
The Ombudsman and his Deputies shall not be
qualified to run for any office in the election
immediately succeeding their cessation from
office [Sec. 11, Art. XI],
Members of Constitutional Commissions, the
Ombudsman and his Deputies must not have
been candidates for any elective position in the
elections immediately preceding their
appointment. [Sec. 1, Art. IX-B' Sec. 1 Art. IX-C;
Sec. 1, Art. IX-D; Sec. 8, Art. XI]
Members of Constitutional Commissions, the
Ombudsman and his Deputies are appointed to
a term of seven (7) years, without
reappointment [Sec. 1(2), Art. IX-B; Sec. 1 (2),
Art. IX-C; Sec. 1 (2), Art. IX-D; Sec. 11, Art
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
[Sec. 13, Art. VII],
DE FACTO OFFICERS
One who has the reputation of being the
officer that he assumes to be and yet is not a
good officer in point of law
Their acts are valid, binding and with
legal effect.
ADMEL FINALS
Elements:
1. A validly existing public office
2. Actual physical possession of said office
3. Color of title to the office –
a. By reputation or acquiescence – the
individual has acted as the officer for
a period of time and the public
believes that he is the public officer
that he assumes to be
b. Under a known and valid
appointment but the officer failed to
conform to a requirement by law.
(oath of office)
c. Under a known appointment but
void because of the ineligibility of
officer, or want of authority of the
appointing or electing authority.
Irregularity in his appointment.
d. Under a known appointment
pursuant to an UNCONSTITUTIONAL
LAW, before the law is declared
unconstitutional.
Entitlement to Salaries
The rightful incumbent of a public office may
recover from an officer de facto the salary
received during the wrongful tenure.
When there is no de jure public officer, the
officer de facto who in good faith has had
possession of the office and has discharged the
duties – entitled to emoluments.
COMMENCEMENT OF OFFICIAL RELATIONS
Official relations are commenced:
(1) by appointment
(2) by election
Appointment – selection by the authority vested
with the power of an individual who is to
perform the functions of a given office.
Appointment can be permanent or
temporary.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
Permanent Appointment – extended to a
person possessing the requisite qualifications,
including the eligibility required for the position,
and protected by the constitutional guaranty of
security of tenure.
Acting Appointment or Temporary – revocable
in character. The acquisition of the appropriate
civil service eligibility will not ipso facto convert
the temporary appointment into a permanent
one.
- A new appointment is necessary
• A contractual appointment is in the
nature of temporary appointment.
If the contract is not renewed, it is not a
dismissal but an expiration of term.
When the appointee does not possess the
qualifications for the position, the appointment
is temporary and may be terminated at will.
If the position belongs to the career service, it
does not automatically confer security of tenure.
A person who does not have the requisite
qualifications – it is only in an acting capacity. He
could be transferred or reassigned without
violating the constitutional guarantee of security
of tenure.
A mere designation does not confer security of
tenure as the person designated
Where the appointment is subject to conditions
– it is not permanent
If it is a temporary appointment and is fixed for
a period – may be revoked only at the expiration
of the period. If before such expiration – it has to
be for a valid and just cause
Regular v Ad Interim appointment
Regular Appointment – made by the President
while the Congress is in session, after
nomination is confirmed by the Commission on
Appointment
ADMEL FINALS
Ad interim – made by the President while the
Congress is not in session, before confirmation
by the CA is made. Ceases to be valid if
disapproved or bypassed by the Commission on
Appointments upon the next adjournment of
Congress. It is a permanent appointment. Being
subject to confirmation does not alter its
permanent character.
Classification of appointments:
a. Heads of executive department
b. Ambassadors
c. Officers of the AFP
d. Officers whose appointment is vested in
the President under the Constitution
Other appointments – no need for Commission
on Appointments confirmation
Appointing Process for Regular
i. Nomination by the President
ii. Confirmation by the CA
iii. Issuance of the Commission
iv. Acceptance by the appointee
For appointments which do not require
confirmation:
i. Appointment by the appointing
authority
ii. Issuance of the commission
iii. Acceptance by the appointee
A person cannot be compelled to accept an
appointment to public office – or else violation
of the constitutional right against involuntary
servitude.
If the appointment is to the career service, Civil
Service attestation is required.
An appointment is complete when the last act
required is performed – acceptance by the
appointee.
For an appointment to be valid, it must be
vacant.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
In Aquino v. CSC – when the appointing authority
has already exercised his power of appointment,
the Commission cannot revoke the same on the
ground that the other employee is better
qualified.
It is not mandatory that the appointing authority
fill a vacancy by promotion. He should be
allowed to have the choice of men of his
confidence provided they are qualified and
eligible.
Appointing authority can also decide whether
the appointment is permanent or temporary.
An appointment is a political question as long as
the appointee has the minimum qualifications.
The question of the competence of the public
officer is beyond the pale of judicial inquiry.
The Civil Service Commission has the exclusive
jurisdiction in disciplinary cases and cases
involving personnel action affecting employees
in the Civil Service.
CSC has the power to recall an appointment.
- But it is not a co-manager, or
surrogate administrator of
government offices and agencies.
- Limited only to approving or
reviewing appointments whether
there is compliance with the Civil
Service Law.
- It cannot terminate employees on its
own.
APPOINTMENTS TO THE CIVIL SERVICE
Scope of the Civil Service: all branches of the
government
a. Career Service – entrance is based on
merit n=and fitness.
The positions included are:
- Open career positions
- Closed career positions
ADMEL FINALS

- Career Executive Service (CESO) Exempted from he competitive examination

- Career officers requirement:
- Positions in the armed forces
a. Policy Determining – formulates a
- Personnel of GOCCs
method of action for govt
- Permanent laborers
b. Primary confidential
For CESO
The are two instances when a position may be
i. Pass the career executive service considered as primary confidential –
examination
i. When the President, upon
ii. Be conferred CES eligibility
recommendation of the CSC has
iii. Comply with other requirements
declared it to be confidential
prescribed by CES Board
ii. In the absence of such declaration,
iv. Appointed to a CES rank by the
when from the nature of the
President
functions of the office, there exists
2 requisites to attain security of tenure in CESO an intimacy between the appointee
and the appointing authority
i. CES Eligibility
c. Highly technical – requires possession of
ii. Appointment to the appropriate CES
technical skills.
rank
Other Personnel Actions
b. Non-career service – characterized by
Promotion – movement from one position to
entrance on bases other than those of
another with increase in duties and
the usual tests utilized for the career
responsibilities as authorized by law and usually
service.
accompanied by an increase in pay
Examples:
a. Next in rank rule
i. Elective officials
When a vacancy occurs employee next-in-
ii. Department heads
rank should be considered for promotion
iii. Chairmen and members of the
commissions and boards with fixed The person next in rank shall be given
terms of office preference in promotion when the position
immediately above his is vacated
In Orcullo v. CSC, the co-terminous status of
an officer or employee may be classified as Appointing authority still exercises
follows: discretion and is not bound by this rule.
a. Co-terminous with project b. Automatic Reversion Rule
b. Co-terminous with the appointing
authority All appointments involved in a chain of
c. Co-terminous with the incumbent promotions must be submitted
d. Co-terminous with a specific period simultaneously for approval by the
Commission. If disapproved, automatically
In a department, appointing power is vested in restored to their former positions. It also
the Dept. Secretary invalidates the promotion of those in lower
position.

FINALS REVIEWER – ADMEL (Atty. Almio)

BY: PRT
ADMEL FINALS
For the rule to apply, the ff must concur:
a. There must be series of promotions
b. All promotional appointments are
simultaneously submitted to the
Commission for approval
c. The Commission disapproves the
appointment of a person to a higher
position.
Appointment through certification – a person is
selected from a list of qualified persons certified
by CSC
Transfer – movement from one position to
another which is of EQUIVALENT RANK without
break in service.
a. An unconsented transfer violates the
security of tenure. A transfer without
the employee’s consent is not valid for
that would constitute removal from
office. No permanent transfer can take
place unless the officer or employee is
first removed and then appointed to
another position.
b. The holder of a temporary appointment
cannot claim a vested right to the station
to which assigned, nor to security of
tenure thereat
c. Career Executive Service can be shifted
from one office to another without
violation of security of tenure because
their status and salaries are based on
their ranks and not on the position.
d. The transfer or detail of govt officials or
employee during election period
without the consent of COMELEC is
prohibited and constitutes an election
offense.
Reinstatement – a person who has been
permanently appointed to a position in the
career service, although no misconduct or no
delinquency, been separated therefrom, may be
reinstated to a position in the same level for
which he is qualified.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
a. Acquisition of civil service eligibility is
not a sole factor for reappointment,
b. It is technically the issuance of a new
appointment which is essentially
discretionary exercised by the
appointing authority.
c. A pardon cannot also be a basis for the
reinstatement. But it is different in the
case of Sabello… invoking justice and
equity.
d. When a pardon is given because of not
committing the offense, the pardon
relieves a person from all punitive
consequences of his criminal act.
Detail – movement of an employee from one
agency to another without the issuance of an
appointment. Allowed only for a limited period
in the case of employees occupying professional,
technical, and scientific positions.
Reassignment – movement of an employee from
one organizational unit to another in the same
department or agency. Does not involve a
reduction in rank, status or salary. A
management prerogative
a. The lack of specific duration of the
reassignment was tantamount to a
floating assignment, thus a diminution in
status or rank.
Reemployment - Names of persons who have
been appointed permanently to positions in the
career service and who have been separated as
a result of reduction in force and/or
reorganization, shall be entered in a list from
which selection for reemployment shall be
made.
Authority of Public Officers.
consists of those powers which are:
(a)Expressly conferred upon him by the act
appointing him;
ADMEL FINALS

(b) Expressly annexed to the office by law; and
(c) Attached to the office by common law as
incidents to it. Under the doctrine of necessary
implication, all powers necessary for the
effective exercise of the express powers are
deemed impliedly granted.
The authority can be exercised only during the
term when the public officer is, by law, invested
with the rights and duties of the office.
Take note of the case Lao v. To Chip – CA Justices
decided a case on which two of the Justices
resigned from their post. The decision is null and
void.
Ministerial and discretionary powers.
Ministerial: one the discharge of which by the
officer concerned is imperative and requires
neither judgment nor discretion
One imposed by law upon a public officer
wherein the officer has the right to decide how
and when the duty shall be performed.
Mandamus will not lie to compel the
performance of a discretionary power.
responsibility, integrity, loyalty and
efficiency; to act with patriotism and justice;
and to lead modest lives [Sec. 1, Art. XI].
b) SALN. To submit a declaration under oath
of his assets, liabilities and net worth upon
assumption of office and as often thereafter
as may be required by law [Sec. 17, Art. XI]
c) ALLEGIANCE – State and Constitution
2. Specific cases:
a) The Solicitor General’s duty to represent
the government, its offices and
instrumentalities and its officials and agents
— except in criminal cases or civil cases for
damages arising from felony — is
mandatory.
b) The government is not estopped from
questioning the acts of its officials, more so
if they are erroneous or irregular
PROHIBITIONS
1. Partisan Political Activity. – directly or
indirectly.

Judgment v. Discretion. a. AFP – only active members not

those in reserve force
Judgment is a judicial function, the
b. The prohibition does not prevent
determination of a question of law. There is only
expression of views on current
one way to be right. Discretion is the faculty
political problems or issues
conferred upon a court or other officer by which
c. Exempt from this prohibition are
he may decide the question either way and still
those holding political offices, but it
be right.
shall be unlawful for them to solicit
Discretion, as exercised, is limited to the evident contributions from their
purpose of the act, i.e., sound and legal subordinates.
discretion, not arbitrary, capricious or
oppressive proceedings. 2. Additional or double compensation

DUTIES OF PUBLIC OFFICERS a) But note that pensions or gratuities shall

1. General (Constitutional) duties of public not be considered as additional, double
officers: or indirect compensation.

a) To be accountable to the people; to serve

them with utmost

FINALS REVIEWER – ADMEL (Atty. Almio)

BY: PRT
ADMEL FINALS
3. Prohibition against loans. - “No loan,
guaranty, or other form of financial
accommodation for any business
purpose may be granted, directly or
indirectly, by any government-owned or
controlled bank or financial institution to
the President, the Vice President, the
Members of the Cabinet, the Congress,
the Supreme Court, the Constitutional
Commissions, and the Ombudsman, or
to any firm or entity in which they have
controlling interest, during their
tenure”.
4. Limitation on Laborers. Shall not be
assigned to perform clerical duties.
5. Detail or reassignment. No detail or
reassignment shall be made within three
months before any election without the
approval of the Comelec.
6. Nepotism - All appointments made in
favor of a relative of the appointing or
recommending authority, or of the chief
of the bureau or office, or of the persons
exercising immediate supervision over
him, are prohibited.
Take note of the case of Dacoycoy
LIABILITY OF PUBLIC OFFICERS
A public officer is not liable for injuries sustained
by another as a consequence of official acts done
within the scope of his official authority, except
as otherwise provided by law.
Public officer shall not be civilly liable for acts
done in the performance of his duties.
XPN: there is a clear showing of bad
faith, malice or negligence.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
No subordinate officer or employee shall be
civilly liable for acts done by him in good faith in
the performance of his duties. If contrary of law,
morals, etc – he is liable.
B. Statutory Liability
1. Art. 27, Civil Code: Any person suffering moral
or material loss because a public officer refuses
or neglects, without just cause, to perform his
official duty, may file an action for damages and
other relief against the public officer. This is
without prejudice to administrative disciplinary
action against the officer.
2. Art. 32, Civil Code: Liability of public officer for
violation of constitutional rights of individuals.
Chato v. Fortune – there are two kinds of duties
exercised by public officers:
a. the duty owing to the public collectively
b. duty owing to the individuals
failure to perform a public duty can constitute an
individual wrong only when a person can show
that, in the public duty, a duty to himself as an
individual is also involved, and that he has
suffered a special and peculiar injury.
3. Art. 34, Civil Code: Liability of peace officers
who fail to respond or give assistance to persons
in danger of injury to life or property. [Note: The
municipal corporation is subsidiarily liable.]
4. Sec. 38(2), Chapter 9, Book I, Administrative
Code: Any public officer who, without just cause,
neglects to perform a duty within a period fixed
by law or regulation, or within a reasonable
period if none is fixed, shall be liable for damages
to the private party concerned without prejudice
to such other liability as may be prescribed by
law.
C. Liability on Contracts. The public officer shall
be personally liable on contracts he enters into if
he acted without, or exceeded his, authority.
ADMEL FINALS
D. Liability for Tort. The public officer shall be
personally liable if he goes beyond the scope of
his authority, or exceeds the powers conferred
upon him by law.
Chavez v. Sandiganbayan - Public officials can be
held personally accountable for acts claimed to
be performed in connection with official duties
where their actions are ultra vires or where there
is a showing of bad faith.
In Shaufv. Court of Appeals, 191 SCRA 713, it
was held that unauthorized acts of government
officials are not acts of State, and so the public
officer may be held personally liable in damages
for such unauthorized acts.
In Alinsugay v. Court of Appeals, 148 SCRA 521,
it was held that in the absence of malice,
provincial board members who disapproved the
appointments of laborers are not personally
liable.
Threefold Liability Rule. The wrongful acts or
omissions of a public officer may give rise to civil,
criminal and administrative liability.
1. An action for each can proceed
independently of the others. Dismissal
of the criminal action does not foreclose
the institution of an administrative
action [Office of the Court Administrator
v. Enriquez, 218 SCRA 1]
2. Relief from criminal liability does not
carry with it relief from administrative
liability [Police Commission v. Lood, 96
SCRA 819].
Liability of Ministerial Officers.
1. Nonfeasance: Neglect or refusal to perform an
act which is the officer’s legal obligation to
perform.
2. Misfeasance: Failure to use that degree of
care, skill and diligence required in the
performance of official duty.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
3. Malfeasance: The doing, through ignorance,
inattention or malice, of an act which he had no
legal right to perform.
RIGHTS OF PUBLIC OFFICERS
A. Right to Office. The just and legal claim to
exercise the powers and the responsibilities of
the public office.
Term is the period during which the
officer may claim to hold the office as of right;
while tenure is the period during which the
officer actually holds office.
B. Right to Salary.
Salary is the personal compensation to be paid
to the public officer for his services, and it is
generally a fixed annual or periodical payment
depending on the time and not on the amount of
the services he may render.
Wages, in that salary is given to officers of higher
degree of employment than those to whom
wages are given; salary is regarded as
compensation per annum, while wages are paid
day by day or week by week.
Legal title to the office and the fact that
the law attaches compensation to the office is
the basis.
Right of a de facto officer to salary: Where there
is no de jure officer, a de facto officer who, in
good faith, has possession of the office and has
discharged the duties thereof, is entitled to
salary.
Salary cannot be garnished.
On account of reorganization, the position is
abolished, the incumbent thereof requests
retention and even accepts an appointment to a
lower position, she cannot demand that she be
paid the salary equivalent to that of her former
position.
ADMEL FINALS

Compensation, allowances and other benefits - rice subsidies

received by government officials and employees
without the requisite approval or authority of
the Department of Budget and Management
(DBM) are unauthorized and irregular.
In the case of Gloria, the Supreme Court clarified
that there are two kinds of preventive
suspension of civil service employees who are
charged with offenses punishable by removal or
suspension:
(a) preventive suspension pending
investigation
(b) preventive suspension pending appeal if
the penalty imposed by the disciplining
authority is dismissal and, after review,
the respondent is exonerated under Sec.
47 of the same Code.
No right to compensation – during preventive
suspension during preventive suspension
pending investigation.
If the penalty imposed by the disciplining
authority is suspension or dismissal and, after
review, the respondent is exonerated, the civil
service officer or employee is entitled not only to
reinstatement but also to back salaries for the
period of preventive suspension pending appeal
Right to back salaries of illegal dismissed
employee - an illegally dismissed government
employee who is later ordered reinstated is
entitled to back wages and other monetary
benefits from the time of his illegal dismissal up
to his reinstatement. No work no pay is
inapplicable.
C. Right to Preference in Promotion
- right does not prevail over the discretion of the
appointing authority.
D. Right to vacation and sick leave.
the Supreme Court ruled that government
employees, whether or not they have
accumulated leave credits, are not required by
law to work on Saturdays, Sundays and holidays,
and thus cannot be declared absent on such non-
working days.
E. Right to Maternity Leave.
F. Right to Retirement Pay.
1. Retirement laws are liberally construed in
favor of the retiree
2. The well-settled ruled is that the money value
of the terminal leave of a retiring government
official shall be computed at the retiree’s highest
monthly salary.
G. Others.
1. Right to reimbursement for expenses incurred
in the due performance of his duty.
2. Right to be indemnified against any liability
which they may incur in the bona fide discharge
of their duties.
3. Right to longevity pay
- loyalty award

No right to back wages if they were neither

exonerated nor unjustifiably suspended.

Right to additional allowances and benefits. –

- RATA is different from salary. It is only paid to

certain officials who incur representation and
transportation expenses.

FINALS REVIEWER – ADMEL (Atty. Almio)

BY: PRT
ADMEL FINALS
TERMINATION OF OFFICIAL RELATIONSHIP
A. Modes of terminating official relationship: -
1. Expiration of term or tenure.
2. Reaching the age limit.
3. Resignation.
4. Recall
5. Removal.
6. Abandonment.
7. Acceptance of an incompatible office.
8. Abolition of office
9. Prescription of the right to office.
10. Impeachment
11. Death
12. Failure to assume elective office within six
months from proclamation
13. Conviction of a crime.
14. Filing of a certificate of candidacy
1. Expiration of term or tenure
When a public officer holds office at the pleasure
of the appointing authority, his being replaced
shall be regarded as termination through
expiration of term, not removal.
Termination presupposes an overt
committed.
Commencement of the term of office:
a) Where the statute fixes a period within which
a chosen officer may arrange his affairs and
qualify for the office in a prescribed manner, his
term begins upon qualification.
b) Where no time is fixed by law for the
commencement of his official term, it begins
from the date of appointment in cases of an
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
appointive office, or from the date of election, in
case of an elective office.
c) Where the law fixing the term of a public office
is ambiguous, the one that fixes the term at the
shortest period should be followed.
d) Where both the duration of the term of office
and the time of its commencement or
termination are fixed by constitutional or
statutory provisions, a person elected or
appointed to fill the vacancy in such office shall
hold the same only for the unexpired portion of
the term.
e) Where only the duration of the term is fixed,
but no time is established for the beginning or
end of the term, the person selected to fill the
vacancy in such office may serve the full term
and not merely the unexpired balance of the
prior incumbent’s term. -
f) Where an office is created, or an officer is
appointed, for the purpose of performing a
single act or the accomplishment of a given
result, the office terminates and the officer’s
authority ceases with the accomplishment of the
purposes which called it into being.
The Principle of Hold-Over - In the absence of
any express or implied constitutional or
statutory provision to the contrary, the public
officer is entitled to hold his office until his
successor shall have been duly chosen and shall
have qualified.
act
2. Reaching the Age Limit.
a. Compulsory retirement age: 70 for Judiciary,
65 for other government officers and
employees.
ADMEL FINALS
3. Resignation
The act of giving up or the act of a public officer
by which he declines his office and renounces
the further right to use it
Elements:
1. Voluntariness
when procured by fraud or duress the
resignation may be repudiated.
2. Need for acceptance by competent
authority
Mere tender of resignation, without
acceptance by competent authority does not
create a vacancy in public office
3. Accepting Authority
4. Effective date of resignation
4. Recall
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. Only done to elective officials.
Who: by registered voters of LGU
Petition by 25%
Started by a written petition
5. Removal
Constitutional guarantee of security of tenure:
No officer or employee of the civil service shall
be removed or suspended except for cause
provided by law.
Removal not for a just cause, or non-
compliance with the prescribed procedure
constitutes a reversible error, and entitles the
officer or employee to reinstatement with back
salaries and without loss of seniority rights.
Demotion is tantamount to unlawful
removal if no cause is shown for it, or if it is not
part of any disciplinary action.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
Unconsented transfer resulting in
demotion in rank or salary is tantamount to
removal without just cause.
A transfer that results in promotion or
demotion, advancement or reduction, or a
transfer that aims to lure the employee away
from his permanent position, cannot be done
without the employee’s consent, for that would
constitute removal from office. Indeed, no
permanent transfer can take place unless the
officer or employee is first removed from the
position held, and then appointed to another
position.
6. Abandonment.
The voluntary relinquishment of an office by the
holder, with the intention of terminating his
possession and control thereof.
Abandonment of office is a species of
resignation. non-performance of the duties of an
office does not constitute abandonment where
such non-performance results from temporary
disability or from involuntary failure to perform.
Abandonment may also result from
acquiescence by the officer in his wrongful
removal or discharge.
7. Acceptance of an Incompatible Office.
Acceptance of incompatible office ipso facto
vacates the other. There is no necessity for any
proceeding to declare or complete the vacation
of the first office.
Exception: Where the public officer is authorized
by law to accept the other office, e.g., the
Secretary of Justice who is, by express provision
of the Constitution, a member of the Judicial and
Bar Council.
8. Abolition of Office.
Power of Legislature to abolish an office. Except
when restrained by the
ADMEL FINALS

Constitution, Congress has the right to abolish an office upon the filing of his certificate of
office, even during the term for which an existing candidacy.”
incumbent may have been elected.

Constitutional offices cannot be abolished by

Congress.

requisites:

1. The abolition must be made in

goodfaith, with the clear intent to do
away with the office, not for personal or
political reasons, and
2. cannot be implemented in a manner
contrary to law

9. Prescription of the right to office.

The Rules of Court provide that a petition for

reinstatement (after illegal ouster or dismissal),
or the recovery of the public office, must be
instituted within one (1) year from the date the
petitioner is unlawfully ousted from his office.

Unless there are strong, compelling and special

circumstances to warrant a different course,
courts will not entertain a petition for
reinstatement filed beyond the one-year period.

10. Impeachment

11. Death

12. Failure to assume office

13. Conviction of a crime

When the penalty imposed, upon conviction,

carries with it the accessory penalty of
disqualification, conviction by final judgment
automatically terminates official relationship.

14. Filing of certificate of candidacy

Sec. 66, B.P.881 provides: “Any person holding a

public appointive office or position, including
active members of the Armed Forces of the
Philippines, and officers and employees in
government-owned or controlled corporations,
shall be considered ipso facto resigned from his

FINALS REVIEWER – ADMEL (Atty. Almio)

BY: PRT
ADMEL FINALS
ELECTION LAW
Election Period: Unless otherwise fixed by the
Comelec in special cases, the election period
shall commence 90 days before the day of the
election and shall end 30 days thereafter [Sec. 9,
Art. IX-C, Constitution]
It cannot be changed unless otherwise there is
an amendment in the Consti. But there are
special cases:
1. Emergency – as to health, war, etc.
Election Period is not the same with the
campaign period:
Campaign period – actual act of candidates of
making themselves known to the people. Why
should they be voted?
When is the campaign period?
Presidential Election – 90 days before election
Local – 45 days
Barangay – 15
Special election – 45 day
The campaign period does not include the actual
day of election.
The law does not prohibit the extension for some
reasons.
COMELEC
- One of the Constitutionally created
commission
- They can authorize people to help
them
POWERS AND FUNCTIONS OF COMELEC
GENERAL POWERS:
1. Enforce and minister of election laws
2. Ensure free and order elections
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
3. Rule-making power
4. Quasi-legislative function
5. Power of contempt and subpoena
6. Issue auxiliary writs and processes
They are general, they can be basis for further
powers
SPECIFIC POWERS:
1. Power to declare failure of election.
Two conditions must concur: no voting
took place in the precints or the election
resulted in the failure of election and the
votes not cast would affect the results of
the election.
2. The power to call special election
In fixing the date,
Not later than 30 days after the
cessation of the cause.
Reasonably close to the date
3. The power to postpone election
Consider the budget, emergency in health,
public order.
4. Power to correct manifest errors in
election documents
Examples: error in computation of votes.
5. Power to re-order canvass of votes
After all of the votes are in and there is a petition.
6. Power to annul proclamation
7. Power to annul illegal canvass
8. Power to transfer of polling places – in
case of security or terrorism
9. Power to transfer venue of canvassing
10. Power to order of ballot boxes
11. Conduct initiative and plebiscite
SPECIFIC
1. Deputization of officers
2. Investigatory and prosecutorial
ADMEL FINALS
3. Endorsement to prosecution
Last two powers are in connection to the
violation of election code
Cases involving elections – before
proclamation… it has jurisdiction.
As a GR: Abad v. COMELEC all cases must be first
heard by a division before en banc.
XPN: Case is purely administrative. Petition for
postponement. Power to prosecute cases.
STAND BY POWER OF COMELEC
1. Calendar of activities –
When are elections actually held?
National and local elections – second Monday of
May every three years. Started on 1992.
Next Brgy Elections – Dec 2022
POWERS NOT GRANTED
1. Power to decide the questions on right
to vote. Court has jurisdiction
2. Power to include and exclude voters.
MTC has jurisdiction
VOTERS: QUALIFICATION AND REGISTRATION
Suffrage may be exercised by all citizens of the
Philippines not otherwise disqualified by law,
who are at least eighteen years of age, and who
shall have resided in the Philippines for at least
one year and in the place wherein they propose
to vote for at least six months immediately
preceding the election. No literacy, property, or
other substantive requirement shall be
imposed on the exercise of suffrage [Sec. 1, Art.
V, Constitution].
To vote, you must register.
Registration is not allowed within 120 days of
national and local elections.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
Illiterate and disable voters:
Any illiterate person may register with the
assistance of the Election Officer or any member
of an accredited citizen’s arms. The application
for registration of a physically disabled person
may be prepared by any relative within the
fourth civil degree of consanguinity or affinity or
by the Election Officer or any member of an
accredited citizen’s arm using the data supplied
by the applicant.
You must indicate in the records that you are
disabled or illiterate.
Election Registration Board
There shall be in each city and municipality as
many Election Registration Boards as there are
election officers therein. The Board shall be
composed of the Election Officer as chairman,
and as members, the public school official most
senior in rank and the local civil registrar, or in
his absence, the city or municipal treasurer. No
member of the Board shall be related to each
other or to any incumbent city or municipal
elective official within the fourth civil degree of
consanguinity or affinity. Every registered party
and such organizations as may be authorized by
the Commission shall be entitled to a watcher in
every registration board.
CANDIDATES
Discussed qualifications of Pres and VP
- Natural Born
- Registered Voter
- Read and Write
- At least 40 years
- Residency: 10 years
Senators (check qualifications)
ADMEL FINALS
District Reps – voted by the place or area of his
constituency
Sectoral Reps – Voted upon by virtue of party-
list
DIQUALIFICATIONS
1. Under the Omnibus Election Code [B.P. 881]:
a) Declared as incompetent or insane by
competent authority.
b) Sentenced by final judgment for subversion,
insurrection, rebellion or any offense for which
he has been sentenced to a penalty of more
than 18 months 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
2. Under the Local Government Code [Sec. 40,
R.A. 7160]:
a) Those sentenced bv final judgment for an
offense punishable bv one year or more of
imprisonment, within two years after serving
sentence.
b) Those removed from office as a result of an
administrative case.
c) Those convicted by final judgment for violating
the oath of allegiance to the Republic of the
Philippines.
d) Those with dual citizenship.
e) Fugitives from justice in criminal and non-
political case here and abroad.
f) Permanent residents in a foreign country or
those who have acquired the right to reside
abroad and continue to avail of the same right
after the effectivitv of the Local Government
Code.
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
g) Those who are insane or feebleminded.
3. Additional grounds for disqualification [Sec.
68, B.P. 881]
a) One who has given money or other material
consideration to influence, induce or corrupt the
voters or public officials performing electoral
functions.
b) One who committed acts of terrorism to
enhance his candidacy.
c) One who spent in his election campaign an
amount in excess of that allowed by the Code.
d) One who has solicited, received or made
contributions prohibited under Sec. 89
(transportation, food and drinks), Sec. 95 (public
or private financial institutions, public utilities or
exploitation of natural resources, contractors of
public works or other government contracts
e) One who has violated the provisions of Sec. 80
(campaign period), Sec. 83 (removal, destruction
of lawful election propaganda), Sec. 85
(prohibited forms of propaganda). Sec. 86
(regulation of propaganda through mass media).
f) One who has violated the provisions of Sec.
261 (election offenses)
Nuisance candidates - The Comelec may, motu
propio, or upon verified petition of an interested
party, refuse to give due course to or cancel a
certificate of candidacy, if it is shown:
(i) To put the election process in
mockery or disrepute;
(ii) To cause confusion among the
voters by the similarity of the names
of the registered candidates; or
(iii) By other circumstances or acts
which clearly demonstrate that the
candidate has no bona fide intention
to run for the office for which the
ADMEL FINALS
certificate has been filed, and thus
prevent a faithful determination of
the true will of the electorate.
Petition to deny due course or to cancel a
certificate of candidacy. - A verified petition may
be filed exclusively on the ground that any
material representation contained in the
certificate as required under Sec. 74 is false.
Jurisdiction over a petition to cancel a certificate
of candidacy lies with the Comelec in division,
not with the Comelec en banc.
Effect of disqualification case. Any candidate
who has been declared by final judgment to be
disqualified shall not be voted for, and the votes
cast for him shall not be counted. If for any
reason a candidate is not declared by final
judgment before an election to be disqualified
and he is voted for and receives the winning
number of votes in such election, the Court or
Commission shall continue with the trial and
hearing of the action, inquiry or protest and,
upon motion of the complainant or any
intervenor, may during the pendency thereof
order the suspension of the proclamation of
such candidate whenever the evidence of his
guilt is strong.
CAMPAIGN; ELECTION PROPAGANDA;
CONTRIBUTIONS AND EXPENSES
Election campaign or partisan political activity
refers to an act designed to promote the election
or defeat of a particular candidate or candidates
to public office.
It shall be unlawful for any person or any party
to engage in election campaign or partisan
political activity except during the campaign
period
If done for the purpose of enhancing the chances
of aspirants for nomination for candidacy to a
public office by a political party, etc., it shall not
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
be considered as election campaign or partisan
political activity.
Example: PDP Laban: parties are vying to
be representative of the party: Pacquiao or
Duterte.
FAIR ELECTIONS ACT – provides how campaign
and propaganda are done.
Lawful Election Propaganda
1. Written or printed materials 8 ½ x 14
inches
2. Handwritten or printed letters – no
specific dimensions
3. Posters – 2x3 ft 3x8 are allowed in rally.
4. Print ads – like written
5. Broad sheets/tabloids – ¼ in the BS and
½ tabloid
6. Broadcast media – tv and radio
Limits depend on position. For national – 120
mins for TV, 180 mins for radio
Local 60 tv, 90 radio
Prohibited forms of propaganda
(a) To print, publish, post or distribute any
poster, pamphlet, circular, handbill, or printed
matter urging voters to vote for or against any
candidate unless they bear the names and
addresses of the printer and payor as required in
Section 84 hereof;
(b) To erect, put up, make use of, attach, float or
display any billboard, tinplate-poster, balloons
and the like, of whatever size, shape, form or
kind, advertising for or against any candidate or
political party;
(c) To purchase, manufacture, request,
distribute or accept electoral propaganda
gadgets, such as pens, lighters, fans of whatever
nature, flashlights, athletic goods or materials,
wallets, shirts, hats, bandanas, matches,
cigarettes and the like, except that campaign
supporters accompanying a candidate shall be
ADMEL FINALS
allowed to wear hats and/or shirts or T-shirts
advertising a candidate;
(d) To show or display publicly any
advertisement or propaganda for or against any
candidate by means of cinematography, audio-
visual units or other screen projections except
telecasts which may be allowed as hereinafter
provided; and
(e) For any radio broadcasting or television
station to sell or give free of charge air time for
campaign and other political purposes except as
authorized in this Code under the rules and
regulations promulgated by the Commission
pursuant thereto.
Any prohibited election propaganda gadget or
advertisement shall be stopped, confiscated or
torn down by the representative of the
Commission upon specific authority of the
Commission.
XXXXXXXXXXXXXXXXXXXXXXXXXXXX
Election surveys are allowed.
15 days before national, 7 days before local – it
is not allowed anymore.
COMELEC should also be given space time
Procure print space upon payment of just
compensation in at least 3 national newspapers.
For candidates. (for those especially who don’t
have the capacity to pay)
COMELEC Time
3 television networks
Each candidate should be given equal time
Who may file a case: any taxpayer.
Electoral Contributions
The term "contribution" includes a gift,
donation, subscription, loan, advance or deposit
of money or anything of value, or a contract,
promise or agreement to contribute, whether or
FINALS REVIEWER – ADMEL (Atty. Almio)
BY: PRT
not legally enforceable, made for the purpose of
influencing the results of the elections but shall
not include services rendered without
compensation by individuals volunteering a
portion or all of their time in behalf of a
candidate or political party. It shall also include
the use of facilities voluntarily donated by other
persons, the money value of which can be
assessed based on the rates prevailing in the
area.
Prohibited contributions. - No contribution for
purposes of partisan political activity shall be
made directly or indirectly by any of the
following:
(a) Public or private financial institutions:
Provided, however, That nothing herein shall
prevent the making of any loan to a candidate or
political party by any such public or private
financial institutions legally in the business of
lending money, and that the loan is made in
accordance with laws and regulations and in the
ordinary course of business;
(b) Natural and juridical persons operating a
public utility or in possession of or exploiting any
natural resources of the nation;
(c) Natural and juridical persons who hold
contracts or sub-contracts to supply the
government or any of its divisions, subdivisions
or instrumentalities, with goods or services or to
perform construction or other works;
(d) Natural and juridical persons who have been
granted franchises, incentives, exemptions,
allocations or similar privileges or concessions by
the government or any of its divisions,
subdivisions or instrumentalities, including
government-owned or controlled corporations;
(e) Natural and juridical persons who, within one
year prior to the date of the election, have been
granted loans or other accommodations in
excess of P100,000 by the government or any of
its divisions, subdivisions or instrumentalities
ADMEL FINALS

including government-owned or controlled Limitations on expenses; lawful expenditures

corporations;
a) For candidates: P10 for President and Vice
(f) Educational institutions which have received President; and for other candidates P3.00 for
grants of public funds amounting to no less than every voter currently registered in the
P100,000.00; constituency where he filed his certificate of
candidacy; Provided, that a candidate without
(g) Officials or employees in the Civil Service, or
any political party and without support from any
members of the Armed Forces of the Philippines;
political party may be allowed to spend P5.00 for
and
every such voter; and
(h) Foreigners and foreign corporations.
b) For political parties: P5.00 for every voter
Soliciting or receiving contributions from currently registered in the constituency or
foreign sources. - It shall be unlawful for any constituencies where it has official candidates.
person, including a political party or public or
Statement of contributions and expenses
private entity to solicit or receive, directly or
indirectly, any aid or contribution of whatever - File within 30 days after the day of
form or nature from any foreign national, election.
government or entity for the purposes of
Failure to file:
influencing the results of the election.
a. Prohibit the person from entering the
Prohibited raising of funds. - It shall be unlawful
duties of his office
for any person to hold dances, lotteries,
b. Administrative fines
cockfights, games, boxing bouts, bingo, beauty
contests, entertainments, or cinematographic, AUTOMATED ELECTIONS ACT
theatrical or other performances for the purpose
of raising funds for an election campaign or for Automated election system - a system using
the support of any candidate from the appropriate technology for voting and electronic
commencement of the election period up to and devices to count votes and canvass/consolidate
including election day; or for any person or results;
organization, whether civic or religious, directly • Concept of election transmission: to
or indirectly, to solicit and/or accept from any hasten the conduct of elections and the
candidate for public office, or from his campaign release of the results.
manager, agent or representative, or any person
acting in their behalf, any gift, food,
transportation, contribution or donation in cash - END -
or in kind from the commencement of the
election period up to and including election day;
Provided, That normal and customary religious
stipends, tithes, or collections on Sundays
and/or other designated collection days, are
excluded from this prohibition.

FINALS REVIEWER – ADMEL (Atty. Almio)

BY: PRT