LAW ON PUBLIC OFFICERS, ADMINISTRATIVE LAW, ELECTION (2) A public office is a public trust created in the interest and

created in the interest and for the benefit of

LAW, AND LOCAL GOVERNMENT the people, and belongs to them. The nature of a public office is inconsistent
with either a property or contract right. It is conceived of as a responsibility and
LAW ON PUBLIC OFFICERS not a right. As recipients of public trust, public officers are under obligation to
discharge their duties faithfully and to the best of their ability.
General Principles
Creation of public office
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 Generally A public office is created by some
of the appointing power, an individual is invested with some portion of the constitutional or statutory provision or
sovereign functions of the government, to be exercised by him for the benefit of by authority conferred by it.
the public. By Congress Except for such offices as are created
by the Constitution, the creation of
Essential Elements of a Public Office public offices is primarily a legislative
function.
(1) It is created by the Constitution or by law or by some body or agency to
which the power to create the office has been delegated; (a) When in the exigencies of
(2) It must be invested with an authority to exercise some portion of the government it is necessary to create
sovereign power of the State to be exercised for public interest; and define new duties, the legislative
(3) Its power and functions are defined by the Constitution, or by law, or department has the discretion to
through legislative authority; determine whether additional offices
(4) The duties pertaining thereto are performed independently, without control shall be created, or whether these
of a superior power other than law, unless they are those of an inferior or duties shall be attached to and become
subordinate officer, created or authorized by the legislature and placed by it ex officio duties of existing offices.
under the general control of a superior officer or body; and
(5) It is continuing and permanent in nature and not occasional or intermittent. (b) An office created by the legislature
is wholly within the power of that
Purpose and Nature body, and it may prescribe the mode
of filling the office, and the powers
(1) Public offices are created for effecting the end for which government has and duties of the incumbent, and, if it
been instituted, which is the common good, and not for the profit, honor, or sees fit, abolish the office.
private interest of any person, family, or class of persons. By the President The president, subject to the policy of
the Executive Office and in order to
achieve simplicity, economy and
 efficiency, shall have the continuing
authority to reorganize the
administrative structure of the Office
of the President. [Administrative Code
of 1987]
As far as bureaus, agencies, or offices
in the executive department are
concerned, the President’s power of
control may justify him to inactivate
the functions of a particular office, or
certain laws may grant him the broad
authority to carry out reorganization
measures.
- he may transfer the functions of
the other Departments or agencies
to the Office of the President
Exercise of sovereign powers and functions
The term “public office” implies said authority to exercise some portion of the
sovereign power, either by enacting laws, executing them, or adjudicating
controversies in the exercise of power and authority bestowed by law.
- it is the duties of his office which make him a public officer and not the extent
of his authority
Public officers enjoy the presumption of regularity in the exercise of their
functions.
- the presumption may be overthrown only by evidence to the contrary
Tenure and Duration
The duration of tenure need not be for a fixed period, but may be at the pleasure
of the appointing power.
- one may be nonetheless a public officer because his term is not definitely
established, and the absence of a definite tenure does not necessarily preclude
a position or employment from constituting a public office
- the element of continuance (i.e. the duties attached to the position continue
through the office holder changed) cannot be considered indispensable
Permanence of office is not material.
- however, something more permanent than a single transaction or transitory
act is commonly required to make the position a public office
PUBLIC OFFICER
One who holds a “public office” is a “public officer”. When there is no office,
there can be no public officer.
A public officer must be invested by law with a portion of the sovereignty of the
State, and authorized to exercise functions either of an executive, legislative, or
judicial character.
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.
[Sec. 1, Art. XI, 1987 Constitution]
- the powers so delegated to the officer are held in trust for the people and are
to be exercised in behalf of the government or of all citizens who may need
the intervention of the officer
- such trust extends to all matters within the range of duties pertaining to the
office
- public officers are but the servants of the people, and not their rulers
 - every public servant shall at all times uphold public interest over his or her
personal interest [Sec. 2, RA 6713]
Public office is not a property.
Public office is personal to the incumbent thereof or appointee thereto.
- in this sense, it is not property which passes to his heirs upon death
- it cannot be inherited
Generally, a position is a public office when it is created by law, with duties
cast upon the incumbent which involve the exercise of some portion of the
sovereign power, and in the performance of which the public is concerned.
A public office is not a contract, and the right of an incumbent to the position
does not rest upon any agreement between the government and himself.
Public office and public contract distinguished.

A public office as a public trust precludes any proprietary claim to public office. Public office Public contract
- it is not a property in the sense that an officer is not denied due process of As to creation it is a creation incident contract originates from
law by the abolition of his office before the expiration of his term or by his of sovereignty the will of the
removal or suspension according to law, or by the passage of a statute contracting parties,
limiting or reducing his compensation, and that an officer has no property subject to the limitations
right in the books and papers pertaining to his office imposed by law
- no one has any private right of property or vested right in any public office As to object it has for its object the imposes obligations only
he holds, much less a vested right to an expectancy of holding a public office, carrying out of upon persons who
at least as against the public interest sovereign as well as entered the same
government functions
Public office is not a contract. affecting even persons
not bound by contract
Creates no contractual relation between holder and the public. As to subject matter and embraces the idea of it is almost always
- A public office is not a contract, nor the same thing as a contract, and an scope tenure, duration, and limited in its duration
appointment or election to a public office does not establish a contractual continuity, and the and specific in its
relation between the person appointed or elected and the public. duties connected objects; its terms define
- it exists only because and by virtue of some law expressly or impliedly therewith are generally and limit the rights and
creating and conferring it continuing and obligations of the
- A public officer is entitled to the compensation for the performance of his permanent parties, and neither may
public duties when the law attaches it to the office. If no salary is provided by depart therefrom without
law for an office, the incumbent is presumed to have accepted it without pay the consent of the other
and he cannot recover anything for service rendered by him.
NOTE: The fact that the duties of a particular position or governmental function
NOTE: do not depend on a contract is itself one of the criteria of a public office.
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.
Modes of Acquiring Title to Public Office
 may be created by the Constitution;
 through a valid statutory enactment; or
 pursuant to an authority of law
A public office can be obtained only in the manner prescribed by the
Constitution or by law.
The manner of selecting persons for public office is generally by election or by
appointment.
Modes and Kinds of Appointment
APPOINTMENT
— the act of designation by the executive officer, board, or body to whom
that power has been delegated, of the individual who is to exercise the
powers and functions of a given office
Where appointing power resides
 inherently belongs to the people
—since the people are the source of government, the power of selecting
persons for public office inherently belongs to them
— but the people cannot always be called upon to act immediately when the
selection of an official is necessary; therefore, the power of appointment to
public offices belongs to where the people have chosen to place it by their
Constitution or laws
 entrusted to designated elected and appointed public officials
— the appointment of public officials is generally looked upon as properly
belonging to the executive department
— appointments may also be made by Congress or the courts
Elements of a valid appointment
(1) authority to appoint and evidence of the exercise of the authority;
(2) transmittal of the appointment paper and evidence of the transmittal;
(3) a vacant position at the time of appointment; and
(4) receipt of the appointment and acceptance of the appointment by the
appointee who possesses all the qualifications and none of the qualifications
provided by law
NOTE: There is no valid appointment if the process lacks even one (1) step.
Appointing power generally regarded as an executive function.
XXX
Power to Appoint is Discretionary
GR: The task of appointment is essentially discretionary and cannot be
controlled even by the courts. It cannot be the subject of an application for a
writ of mandamus to compel the exercise of such discretion.
Appointing authority — the officer primarily responsible for the
administration of an office; he is also in the best position to determine who
among the prospective appointees can effectively discharge the functions of
the position
 - has the right to of choice which he may exercise freely according to his commission may issue at once
judgment (2) Subject to confirmation where the assent or confirmation of
- it is a prerogative of the appointing power that may be availed of without some other officer or body is required,
liability, provided, however, that it is exercised in good faith the commission can issue only when
- the appointing authority considers not only their civil service eligibility such assent or confirmation is
but also their performance, education, work experience, training and obtained
seminars attended, agency examinations, and seniority
- the choice of an appointee from among qualified candidates or applicants the appointment becomes complete
is a political and administrative decision calling for considerations of when the last act required by law of
wisdom, convenience, utility and the interests of the service which can best the appointing power has been
be made by the head of office concerned for he is familiar with the performed
organizational structure and environmental circumstances within which the
appointee must function (3) Approval by the CSC the acts of the appointing power (head
of department or office) and the
XPN: When appointment is exercised in in a malicious, harsh, oppressive, approval of the CSC acting together
vindictive or wanton manner, or out of malice or spite. though not concurrently, but
consecutively, are necessary to make
Classification of Power to Appoint an appointment complete

Absolute — where no further consent or approval is necessary Effects of completed appointment

Conditional — where assent or approval by some other officer or body is
necessary to complete the appointment
When Appointment Deemed Complete
An appointment to office is final and complete when the last act of the
appointing authority has been accomplished.
The appointing officer’s power over the office is terminated in all cases where
by law the officer is not removable by him; the person appointed has the
absolute unconditional power of accepting or rejecting it.
No new or further appointment could be made to a position already filled by a
previously completed appointment which had been accepted by the appointee
through a valid qualification and assumption of its duties.

(1) Not subject to confirmation
where the power of appointment is
absolute, and the appointee has been
determined, no further consent or
approval is necessary, and the formal
evidence of appointment, i.e., the
Acceptance of Appointment
Acceptance is necessary to enable the appointee to have full possession,
enjoyment, and responsibility of an office. The individual chosen to an office
cannot be deemed to either fully possessed of its rights and privileges or subject
to the performance of its duties and obligations until he has, in fact, accepted it.
Revocation of Appointment
Where appointment is final and complete
GR: An appointment to an office, once made and complete, is not subject to
reconsideration or revocation.
XPN: Where an officer is removable at will of the appointing power.
- the desired results can be accomplished by removal of the officer
- removal from office takes place after title to the office has become vested in
the appointee
Where appointee has assumed position
GR: The moment the appointee assumes a position in the civil service under a
completed appointment approved by the CSC, he acquires a legal, not merely
equitable right, which is protected not only by statute, but also by the
Constitution, and it cannot be taken away from him, either by revocation or by
removal.
XPN: Except for cause, and with previous notice and hearing, consistent with
the Constitution and with the constitutional requirements of due process.
Where protestant is more qualified than appointee
The appointing power cannot effect the removal of the appointee by rescinding
or revoking his appointment after it is complete on the ground merely that the
protestant is more qualified than the the first appointee, subject to the condition
that the first appointee should possess the minimum qualifications required by
law.
APPOINTMENT BY THE PRESIDENT
4 groups of officials whom the President is authorized to appoint:
(1) The heads of executive departments, ambassadors, other public
ministers and consuls, officers of the armed forces from the rank of colonel
or naval captain, and other officers whose appointments are vested in him
in the Constitution;
“other officers” — refers to the regular members of the Judicial and Bar
Council, the Chairman and Commissioners of the CSC, COMELEC, and the
COA, and the Members of the regional consultative commission
(2) All other officers whose appointments are not otherwise provided by
law;
— they refer to officers to be appointed to lower offices created by Congress
where the latter omits to provide for appointment to said office, or provides
in an unconstitutional way for such appointments
(3) Those whom the President may be authorized by law to appoint; and
— such as the heads of GOCCs, undersecretaries, heads of bureaus and
offices, and other officials
(4) Other officers lower in rank whose appointments the Congress by law
vests in the President alone.
Appointments subject/not subject to confirmation by CA
Subject Not Subject
heads of executive departments, (1) head of bureaus and certain offices
ambassadors, other public ministers under the different department which
and consuls, officers of the armed are not called bureaus like the SEC,
forces from the rank of colonel or Insurance Commission, etc., are no
naval captain, and other officers longer included among those whose
whose appointments are vested in him appointments are to be confirmed by
in the Constitution the CA
(2) the President, under the
Constitution, appoints the members of
the Supreme Court, judges of lower
courts, including the Sandiganbayan
and the Tanodbayan and his Deputies;
and when the Vice-President is
appointed as a member of the Cabinet
(3) appointment of Chairman and
Members of the CHR are also not
subject to confirmation by the CA
because they are among the officers of
government “whom [the President]
may be authorized by law to appoint”
APPOINTMENTS BY OTHER OFFICIALS
The Congress may, by law, vest in courts, heads of departments,
agencies, commissions, or boards the power to appoint officers
lower in rank in their respective offices. [Sec. 16, Art. VII]
“lower in rank” — refers to officers subordinate to those enumerated officers
in whom respectively the power of appointment may be vested (the heads of
executive departments, agencies, commissions, and boards)
— appointments of minor employees may also be vested in them
— the phrase does not include heads of bureaus and offices not specifically
mentioned in the Constitution as among those to be appointed by the
President who are subordinates of Cabinet members; by law, their
appointments are vested in the President
Kinds of Presidential Appointment
As to manner in which it is made REGULAR — those made while the
Congress is in session;
As to its nature
A. Eligibility and Qualification Requirements
B. Disabilities and Inhibitions of Public Officers
C. Powers and Duties of Public Officers
D. Rights and Duties of Public Officers
E. Liabilities of Public Officers
1. Preventive Suspension and Back Salaries
2. Illegal Dismissal, Reinstatement, and Back Salaries
F. Immunity of Public Officers
G. Distinguish: De Facto and De Jure Officers
H. Termination of Official Relation
1. Involuntary Retirement [See Re: Letter of Mrs. Ma. Cristina Roco Corona,
AM. No. 20-07-10-SC, January 12, 2021]
I. The Civil Service
1. Scope
2. Appointments to the Civil Service
3. Personnel Actions
J. Accountability of Public Officers
1. Types of Accountability
a) Administrative
b) Criminal
2. Discipline
a) Grounds
b) Jurisdiction
c) Dismissal, Preventive Suspension, Reinstatement and Back Salaries
d) Condonation Doctrine
3. Impeachment v. Quo Warranto [See Re: Letter of Mrs. Ma. Cristina Roco
Corona, AM. No. 20-07-10-SC, January 12, 2021]
4. The Ombudsman and the Office of the Special Prosecutor [Sections 5 to 14,
Article XI of the 1987 Constitution in relation to R.A. 6770, otherwise known
as “The Ombudsman Act of 1989”]
a) Functions
b) Judicial Review in Administrative Proceedings
c) Judicial Review in Penal Proceedings
5. The Sandiganbayan
K. Term Limits
 ADMINISTRATIVE LAW

A. General Principles
B. Administrative Agencies
C. Powers of Administrative Agencies

1. Quasi-Legislative (Rule-Making) Power

a) Kinds of administrative rules and regulations

b) Requisites for Validity

2. Quasi-Judicial (Adjudicatory) Power

a) Administrative Due Process

b) Administrative Appeal and Review

c) Administrative Res Judicata

3. Fact-finding, Investigative, Licensing, and Rate-Fixing Powers

D. Judicial Recourse and Review

1. Doctrine of Primary Administrative Jurisdiction

2. Doctrine of Exhaustion of Administrative Remedies

3. Doctrine of Finality of Administrative Action

 ELECTION LAW
ELECTION LAWS — intended as a means for assuring a free, honest, and
orderly expression of the people’s views and choice of candidates uninfluenced
by threats, intimidation and corrupt motives
- regulate how the right of suffrage is to be exercised
- their purpose is to give effect to, rather than stifle or frustrate, the will of
voters
N.B. In case of doubt, political laws must be so construed as to give life and
spirit to the popular mandate freely expressed through the ballot.
Suffrage
— the right as well as obligation of qualified citizens to vote in the election of
certain national and local officers of the government and in the decision of
public questions submitted to the people
Nature of Suffrage
1. Suffrage is not a natural right of the citizens.
- it is merely a privilege to be given or withheld by the lawmaking power
subject to constitutional limitations
- it is not a necessary accompaniment of citizenship
- it is granted to individuals only upon the fulfillment of certain minimum
conditions deemed essential for the welfare of society
- it is a political right
2. The exercise of the right of suffrage is not absolute.
- it is subject to existing substantive and procedural requirements provided in
the Constitution, statutes, and valid rules and regulations
3. Suffrage is a right because it is the expression of the sovereign will of the
people.
4. The right of suffrage is based upon the theory that the people who bear the
burden of government should share in the privilege of choosing the officials of
the government
5. Suffrage is in the nature of a public trust and constitutes a voter a
representative of the whole people
Scope of suffrage
Election — it is the means by which the people choose, through the use of the
ballot, their officials for definite and fixed periods and to whom they entrust, for
the time being as their representatives, the exercise of powers of government
Plebiscite — a vote of the people expressing their choice for or against a
proposed law or enactment submitted to them
Referendum — it is the submission of a law passed by the national or local
legislative body to the registered voters at an election called for the purpose for
their ratification or rejection; it is a mode of appealing from an elected body to
the whole body of voters
Initiative — the process whereby the registered voters directly propose, enact,
or amend laws, national or local, through an election called for the purpose
Recall — a method by which a public officer may be removed from office
during his tenure or before the expiration of his term by vote of the people after
registration of a petition signed by a required percentage of the qualified voters
Object of suffrage
Two-fold:
1. to enable the people to choose their done through election
representatives to discharge sovereign
functions; and N.B. It is not competent for the Congress to add or alter such qualifications. The
2. to determine their will upon such by means of a plebiscite specification in the Constitution is an implied prohibition against interference.
questions submitted to them
Residence Qualification Of Voter/Candidate
Power of Congress to Regulate Suffrage and Elections
The term “residence”, as used in election law, imports not only an intention to
NOTE: It is within the power of the State to prescribe the manner in which the reside in a fixed place but also personal presence in that place coupled with
right of suffrage shall be exercised. conduct indicative of such intention It is to be understood not in its common
acceptation as referring to “dwelling” or “habitation” but rather to “domicile” or
Congress has unlimited power to enact laws relative to the right of suffrage legal residence.
including [the power]:
a. to define the qualifications of voters; i. Residence
b. to regulate elections; - a person’s residence is the place of his domicile;
c. to prescribe the form of official ballot; - that place where the elector makes his permanent or true home, his principal
d. to provide for the manner in which candidates shall be chosen and the place of business, and his family residence, if he has one;
names that shall be printed upon the ballot; - where he intends to remain indefinitely, and without a present intention to
e. to regulate the manner of conducting elections; and depart, when he leaves it he intends to return to it, and after his return he
f. (in the exercise of police power) to suppress whatever evils may be deems himself at home
incident to the election of public officers
ii. Residence, a matter of intention
Qualifications and Disqualification of Voters
The determination of a person’s legal residence or domicile largely depends
QUALIFICATIONS OF VOTERS upon intention which may be inferred from his acts, activities and utterances.
[Sec.1, Art. V, 1987 Constitution]
Every person is deemed to have a domicile somewhere, and when it has been
Citizenship (1) citizen of the Philippines not once acquired in a certain place it will be deemed to continue there until a
otherwise disqualified by law; new one has been acquired.
Age (2) at least eighteen (18) years of age;
Residence (3) resident of the Philippines for at Temporary absences, therefore, although frequent or long continued, will not,
least one (1) year and in the place while the person has a continuous intention to return, deprive him of his
wherein they propose to vote for at domicile and right to vote, even though he may have unlawfully voted while
least six (6) months immediately absent.
preceding the election
In election cases, domicile is synonymous with residence. Domicile is not easily
lost. In order to acquire a new domicile by choice, there must concur:
1) actual residence or bodily presence in the new locality;
2) a bona fide intention to remain there and to abandon the old domicile; and
3) acts which correspond with that purpose
In other words, there must basically be animus manendi (intention to remain)
coupled with animus non revertendi (intention not to return). The residence at
the place chosen for the new domicile must be actual. [Romualdez-Marcos v.
COMELEC, 248 SCRA 300]
A domicile by origin is acquired by every person at birth. Once established,
residence or domicile remains until a new is acquired. A man can have but one
(1) domicile at a time. [Gamboa v. COMELEC]
Abandonment Of Residence
i. Registration and voting by a person in another place do not by themselves
constitute abandonment of his legal residence, where the stay in the former
cannot be considered voluntary but a necessity in order to continue his studies
and it appears that he made periodical visits during school vacations and asked
the cancellation of his name from the voter’s list in (Manila) when he applied to
be registered in (Poro, Cebu). [Anciano v. Otadoy, 27 SCRA 200]
ii. Absence from the residence of origin to practice profession does not also
constitute loss of residence. [Co v. HRET, 199 SCRA 692]
iii. The fact that one made periodical journeys to his home province revealed
that he always had animus revertendi (intention to return).
But where there is no evidence that one temporarily left her residence in X
City to pursue a calling, profession or business, but the evidence on record
shows that she established her residence in Y City with her husband and
considers herself a resident therein, and the intention not to abandon her
residence in X is not present, the fact that she occasionally visits X through
the years does not signify an intention to continue her residence therein.
[Abella v. COMELEC, 201 SCRA 253]
iv. The sudden departure from the country because of the EDSA People’s
Power Revolution of 1986 to go into self-exile in the United States until
favorable conditions had been established was held not voluntary, so as to
constitute an abandonment of residence. [Romualdez v. RTC, 226 SCRA 408]
v. It is not necessary that a person should have a house in order to establish his
residence and domicile in a municipality.
It is enough that he should live in said municipality or in a rented house, or in
that of a friend or relative, in order to acquire a residence or domicile in said
municipality, provided that his stay is accompanied by his intention to reside
therein permanently.
N.B. Mere ownership of a house or some other property does not establish his
bodily presence in the locality and his intent to stay there before the elections.
[De Los Reyes v. Solidum, 61 Phil. 893]
vi. There is nothing wrong in an individual changing his residences so he could
run for an elective post, for as long as he is able to prove with reasonable
certainty that he has effected a change of residence for election law purposes for
the period required by law. [Aquino v. COMELEC, 248 SCRA 400]
N.B. Any person who transfers residence to another city, municipality, or
country solely by reason of his occupation, profession, employment in private
or public service, educational activities, work in military or naval
reservations, service in the army, navy, or air force, the Philippine National
Police; or confinement or detention in government institutions in accordance
with law, shall be deemed not to have lost his original residence. [Sec. 117,
B.P. Blg. 881]
 DISQUALIFICATION OF VOTERS
The following shall be disqualified from voting:
(1) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one (1) year, such disability not having been
removed by plenary pardon or granted amnesty. Any such person disqualified
to vote shall automatically reacquire the right to vote upon expiration of five
(5) years after service of sentence;
(2) Any person who has been adjudged by final judgment by competent court
or tribunal of having committed any crime involving disloyalty to the duly
constituted government such as rebellion, sedition, violation of the anti-
subversion and firearms laws, or any crime against national security in
accordance with the law. He shall automatically reacquire his right to vote
upon expiration of five (5) years after service of sentence; and
(3) Insane or incompetent persons as declared by competent authority unless
subsequently declared by proper authority that such person is no longer
insane or incompetent.
N.B. The above persons are not qualified to vote even if they have the necessary
qualifications.
Registration and Deactivation of Voters
REGISTRATION OF VOTERS
Registration refers to the act of accomplishing and filing of a sworn application
for registration by a qualified voter before the election officer of the city or
municipality wherein he resides and including the same in the book of
registered voters upon approval by the Election Registration Board.
System of Continuing Registration
[Sec. 8, RA 8189]
The personal filing of application of registration of voters shall be conducted
daily in the office of the Election Officer during office hours. No registration
shall, however, be conducted during the period starting one hundred twenty
(120) days before a regular election and ninety (90) days before a special
election.
Who May Register
[Sec. 9, RA 8189]
1) citizen of the Philippines not otherwise disqualified by law;
2) at least eighteen (18) years of age;
3) a resident of the Philippines for at least one (1) year;
4) a resident in the place where they propose to vote, for at least six (6) months
immediately preceding the election
Registration of Voters
[Sec. 10, RA 8189]
A qualified voter shall be registered in the permanent list of voters in a precinct
of the city or municipality wherein he resides to be able to vote in any election.
To register as a voter, he shall personally accomplish an application form for
registration as prescribed by the Commission in three (3) copies before the
Election Officer on any date during office hours after having acquired the
qualifications of a voter.
Necessity of Registration
Registration is essential to the exercise of the right of suffrage, not the
possession thereof. It is part and parcel of the right to vote and an indispensable
element in the election process. [Akbayan v. COMELEC, 335 SCRA 318]
——————
 RA 10367 ELECTION REGISTRATION BOARD
(An Act Providing for Mandatory Biometrics Voter Registration) [Sec. 15, RA 8189]

RA 10367 assists in the identification of a person for purposes of ensuring that
the right to vote is exercised only by that person and also in purging the voters
list spurious names or ghost voters.
Biometrics refers to a quantitative analysis that provides a positive
identification of an individual such as voice, photograph, fingerprint,
signature, iris, and/or such other identifiable features.
 There shall be in each city and municipality as many as Election
Registration Boards as there are election officers therein.
 In thickly populated cities/municipalities, the Commission may appoint
additional election officers for such duration as may be necessary.
Composition

Validation is the process of taking the biometrics of registered voters whose Chairman Election Officer
biometrics have not yet been captured.
In case of disqualification of the
Deactivation refers to the removal of the registered record of the registered Election Officer, the Commission
voter from the corresponding precinct book of voters for failure to comply shall designate an acting Election
with the validation process. Officer who shall serve as Chairman
of the Board.
Not an additional qualification Members a) Public School Official most senior
in rank; and
The requirement is not a “qualification” to the exercise of the right of suffrage
but a mere aspect of the registration procedure of which the State has the right b) Local Civil Registrar or in his
to reasonably regulate to achieve the compelling State interest of establishing a absence, the city or municipal
clean, complete, permanent and updated list of voters. Treasurer

Consequence of Non-compliance In case of disqualification or non-

[Sec. 7] availability, the Commission shall
designate any other appointive civil
Voters who fail to submit for validation on or before the last day of filing of service official from the same locality
application for registration for purposes of the May 2016 elections shall be as substitute.
deactivated.

——————
No member of the Board shall be related to each other or to any incumbent him if the information given is true
city or municipal elective official within the 4th civil degree of consanguinity and correct
or affinity.
4) The accomplished from shall be
If in succeeding elections, any of the newly elected city or municipal officials is subscribed by the applicant in the
related to a member of the board within the 4 th civil degree of consanguinity or presence of the Board by means of
affinity, such member is automatically disqualified to preserve the integrity of thumbmark or some other customary
the Election Registration Board. mark and it shall be subscribed and
attested by the majority of the
—————— members of the Board.

ILLITERATE OR DISABLED PERSON - the attestation shall state the name of

—they refer to persons who cannot by themselves prepare an application for the person assisted, the name of the
registration because of their physical disability and/or inability to read and Election Officer or the member of the
write accredited citizen’s arm who assisted
the applicant, the fact that the Election
Illiterate Persons Disabled Persons Officer placed the applicant under
1) Any illiterate person may register 1) The application for registration of a oath, that the Election Officer or the
with the assistance of the Election physically disabled person may be member of the accredited citizen’s
Officer or any member of an prepared by any relative within the arm who assisted the applicant read
accredited citizen’s arms. fourth civil degree of consanguinity or the accomplished form to the person
affinity or by the Election Officer or assisted, and that the person assisted
2) The Election Officer shall place any member of an accredited citizen’s affirmed its truth and accuracy, by
such illiterate person under oath, ask arm using the data supplied by the placing his thumbmark or some other
him the questions, and record the applicant. customary mark on the application in
answers given in order to accomplish the presence of the Board
the application form in the presence of NOTE: The fact of illiteracy or
the majority of the members of the disability shall be so indicated in the
Board. application. CHANGE OF RESIDENCE OR ADDRESS

3) The Election Officer or any 1) Any registered voter who has transferred residence to another city or
member of an accredited citizen’s arm municipality may apply with the Election Officer of his new residence for the
shall read the accomplished form transfer of his registration records.
aloud to the person assisted and ask
The application for transfer of registration shall be subject to the requirements
of notice and hearing and the approval of the Election Registration Board.
Upon approval of the application for transfer, and after notice of such approval
to the Election Officer of the former residence of the voter, said Election Officer
shall transmit by registered mail the voter’s registration record to the Election
Officer of the voter’s new residence.
2) Any voter who has changed his address in the same city or municipality
shall immediately notify the Election Officer in writing.
If the change of address involves a change in precinct, the Board shall transfer
his registration record to the precinct book of voters of his new precinct and
notify the voter of his new precinct.
All changes of address shall be reported to the office of the provincial election
supervisor and the Commission in Manila.
NOTE: All applications for registration shall be heard and processed on a
quarterly basis. [See Sec. 17, RA 8189]
DEACTIVATION OF VOTERS
Deactivation is the removal of the registration record of a registered voter from
the corresponding precinct book of voters.
Grounds for Deactivation:
The ERB shall deactivate the registration and remove the registration records
from the corresponding precinct book of voters and place the same, properly
marked and dated in indelible ink, in the inactive file after entering the cause or
causes of deactivation, of the following persons:
(1) Any person who has been sentenced by final judgment to suffer
imprisonment for not less than one (1) year, such disability not having been
removed by plenary pardon or amnesty. Any such person disqualified to vote
shall automatically reacquire the right to vote upon expiration of five (5)
years after service of sentence as certified by the clerks of courts of the
Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the
Sandiganbayan;
(2) Any person who has been adjudged by final judgment by a competent
court or tribunal of having caused/committed any crime involving disloyalty
to the duly constituted government such as rebellion, unless restored to his
full civil and political rights in accordance with law. He shall regain his right
to vote automatically upon expiration of five (5) years after service of
sentence;
(3) Any person declared by competent authority to be insane or incompetent
unless such disqualification has been subsequently removed by a declaration
of a proper authority that such person is no longer insane or incompetent;
(4) Any person who did not vote in the two (2) successive preceding regular
elections as shown by his voting records. For this purpose, regular elections
do not include the Sangguniang Kabataan (SK) elections.
(5) Any person whose registration has been ordered excluded by the court;
and
(6) Any person who has lost his Filipino citizenship.
For this purpose, the clerks of court of the Municipal/Municipal
Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish
the Election Officer of the city or municipality concerned at the end of each
month a certified list of person who are qualified under paragraph (a) hereof,
with their addresses. The Commission may request a certified list of persons
who have lost their Filipino Citizenship or declared as insane or incompetent
with their addresses from other government agencies.
The Election Officer shall post in the bulletin board of his office a certified list
of those persons whose registration was deactivated and the reasons therefor,
and furnish copies thereof to the local heads of political parties, the national
central file, the provincial file, and the voter concerned. [Sec. 27, RA 8189]
REACTIVATION OF REGISTRATION
Reactivation is the restatement of a deactivated voter.
(1) Any voter whose registration has been deactivated may file with the
Election Officer a sworn application for reactivation of his registration in the
form of an affidavit stating that the grounds for the deactivation no longer
exist any time but not later than 120 days before a regular election and 90
days before a special election.
(2) The Election Officer shall submit said application to the Election
Registration Board for appropriate action.
(3) In case the application is approved, the Election Officer shall retrieve the
registration record from the inactive file and include the same in the
corresponding precinct book of voters. Local heads or representatives of
political parries shall be properly notified on approved applications. [Sec. 28,
RA 8189]
CANCELLATION OF REGISTRATION
(1) The Board shall cancel the registration records of those who have died as
certified by the Local Civil Registrar who shall submit each month a certified
list of persons who died during the previous month to the Election Officer of the
place where the deceased is registered.
(2) In the absence of information concerning the place where the deceased is
registered, the list shall be sent to the Election Officer of the city or
municipality of the deceased’s residence as appearing in his death certificate. In
any case, the Local Civil Registrar shall furnish a copy of this list to the national
central file and the proper provincial file.
(3) The Election Officer shall post in the bulletin board of his office a list of
those persons who died whose registrations were cancelled, and furnish copies
thereof to the local heads of the political parties, the national central file, and the
provincial file.
INCLUSION AND EXCLUSION PROCEEDINGS
Summary in character.
(1) The factual findings of the trial court and its resultant conclusions in the
exclusion proceedings on matters other than the right to vote in the precinct
within its territorial jurisdiction are not conclusive upon the COMELEC.
(2) The court may pass upon any question necessary to decide the issue raised
including the questions of citizenship and residence of the challenged voter.
- the authority to order the inclusion or exclusion from the list of voters
necessarily carries with it the power to inquire into and settle all matters
essential to the exercise of said authority
(3) A decision in an exclusion or inclusion proceeding, even if final and
unappealable, does not acquire the nature of res judicata, except for the right to
remain in the list of voters or for being excluded therefrom for the particular
election in relation to which the proceedings had been held.
- the decision does not operate as a bar to any future action that a party
may take concerning the subject passed upon in the proceeding
 - thus, the decision is neither conclusive on the voter’s political status, nor
bar subsequent proceedings on his right to be registered as a voter in any
other election PETITION FOR INCLUSION OF VOTERS IN THE LIST

(4) The decision of the trial court does not preclude the COMELEC, in the what Petition for Inclusion — a petition to
determination of a person’s qualification as a candidate, to pass upon the issue include his name in the permanent list
of compliance with the residency requirement. of voters in his precinct

- it is not within the competence of the trial court in an exclusion (a) The petition shall be supported by
proceedings, to declare the challenged voter a resident of another a certificate of disapproval of his
municipality application and proof of service of
notice of his petition upon the Board.
Jurisdiction in inclusion and exclusion cases
The petition shall be decided 15
(a) The Municipal and Metropolitan Trial Courts shall have original and days after filing.
exclusive jurisdiction over all cases of inclusion and exclusion of voters in their
respective cities or municipalities.* (b) The Board shall place the
application for registration previously
- their jurisdiction is limited only to determining the right of voter to remain disapproved in the corresponding
in the list of voters or to declare that the challenged voter is not qualified to book of voters and indicate in the
vote in the precinct in which he is registered, specifying the ground of the application for registration the date of
voter’s disqualification the order of inclusion and the court
which issued the same. [Sec. 37, RA
- the Regional Trial Court has no power to change or transfer from one place 8189]
of residence to another for it is the function of the Election Registration who may file any person:
Board (a) whose application for registration
has been disapproved by the Board; or
(b) Decisions of the Municipal or Metropolitan Trial Courts may be appealed by (b) whose name has been stricken out
the aggrieved party to the Regional Trial Court within five (5) days from receipt from the list
of notice thereof; otherwise, said decision shall become final and executory. when at any time except 105 days prior to a
regular election or 75 days prior to a
(c) The Regional Trial Court shall decide the appeal within 10 days from the special election
time it is received and the decision shall immediately become final and where court*
executory. No motion for reconsideration shall be entertained. [Sec. 33, RA 8189]
 verify the list of the registered voters of
PETITION FOR EXCLUSION OF VOTERS FROM THE LIST any precinct by regular mail or house to
house canvass.
what Petition for Exclusion — a petition
for the exclusion of a voter from the The Commission may enlist the help of
permanent list of voters giving the representatives of political parties and
name, address and the precinct of the deputize non-government organizations
challenged voter (NGOs), civic organizations and
barangay officials to assist in the
verification and house to house canvass
(a) The petition shall be accompanied
of registered voters in every precinct.
by proof of notice to the Board and to
when at any time except 100 days prior to a
the challenged voter and shall be
regular election or 65 days before
decided within 10 days from its filing.
special election
(b) If the decision is for the exclusion where court*
of the voter from the list, the Board
shall, upon receipt of the final Common Rules Governing Judicial Proceedings In The Matter Of
decision, remove the voter’s Inclusion, Exclusion And Correction Of Names Of Voters
registration record from the
corresponding book of voters, enter (a) Petition for inclusion, exclusion or correction of names of voters shall
the order of exclusion therein, and be filed during office hours;
thereafter place the record in the
inactive file. [Sec. 35, RA 8189] (b) Notice of the place, date and time of the hearing of the petition shall
who may file a) any registered voter; be served upon the members of the Board and the challenged voter
b) representative of a political party; upon filing of the petition. Service of such notice may be made by
or sending a copy thereof by personal delivery, by leaving it in the
c) the Election Officer* possession of a person of sufficient discretion in the residence of the
challenged voter, or by registered mail. Should the foregoing procedures
*Verification of list of registered voters. not be practicable, the notice shall be posted in the bulletin board of the
city or municipal hall and in two (2) other conspicuous places within the
The Election Officer shall, in order to city or municipality;
preserve the integrity of the permanent
list of voters, file exclusion (c) A petition shall refer only to one (1) precinct and implead the Board
proceedings when necessary, and as respondents;
 Trial Court a petition for an order
(d) No costs shall be assessed against any party in these proceedings. directing that his name be entered or
However, if the court should find that the application has been filed corrected in the list
solely to harass the adverse party and cause him to incur expenses, it
shall order the culpable party to pay the costs and incidental expenses; Application for Inclusion of His Record, or Reinstatement or Correction of
Name
(e) Any voter, candidate or political party who may be affected by the [Sec. 38, RA 8189: Voters excluded through Inadvertence or Registered with an Erroneous or
proceedings may intervene and present his evidence; Misspelled Name]

(f) The decision shall be based on the evidence presented and in no who may file any registered voter
case rendered upon a stipulation of facts. If the question is whether or grounds a) whose registration record has not
not the voter is real or fictitious, his non-appearance on the day set for been included in the precinct book of
hearing shall be prima facie evidence that the challenged voter is voters; or
fictitious; and b) whose name has been omitted in the
list of voters; or
(g) The petition shall be heard and decided within ten (10) days from the c) who has been included therein with
date of its filing. Cases appealed to the Regional Trial Court shall be wrong or misspelled name
decided within ten (10) days from receipt of the appeal. In all cases, the where with the Election Registration Board
court shall decide these petitions not later than fifteen (15) days before remedy if the application is denied or [same]
the election and the decision shall become final and executory. not acted upon

Application for Reinstatement or Correction of Name
[Sec. 37, RA 8189: Voter excluded through inadvertence of Registered with an Erroneous or
Misspelled Name]
who may file any registered voter
grounds a) who has not been included in the
precinct certified list of voters; or
b) who has been included therein with
a wrong or misspelled name
where with the Election Registration Board
remedy if the application is denied or the registered voter may file on any
not acted upon date with the proper Municipal
Circuit, Municipal or Metropolitan
NOTE: The citizenship of a person to be stricken from the list of voters may be
decided in the exclusion proceedings. Considering the summary character of an
exclusion case, the decision that a court may render thereon even if final and
unappealable does not acquire the nature of res judicata.
LOCAL AND OVERSEAS ABSENTEE VOTING
LOCAL ABSENTEE VOTING
refers to a system of voting whereby government officials and employees,
including members of the Armed Forces of the Philippines (AFP), and the
Philippine National Police (PNP) as well as members of the media, media
practitioners including their technical and support staff (media voters) who are
duly registered voters, are allowed to vote for national positions (i.e., (Government officials and employees who will be posted abroad to perform
President, Vice-President, Senators and Party-List Representatives) in places election duties on election day)
where they are not registered voters but where they are temporarily assigned to
perform election duties on election day, or in case of media voters, they will not a) they are registered voters under RA 8189 (The Voter Registration Act of
be able to vote due to the performance of their functions in covering and 1996)
reporting on the elections. b) they are not registered overseas absentee voters under RA 9189 (The
Overseas Absentee Voting Act of 2003)
Persons entitled to avail of local absentee voting
Procedure
a. government officials and employees;
b. members of the AFP; Application applicants who will avail of the local
c. members of the PNP; and absentee voting shall file their duly
d. members of the media, media practitioners including their technical and accomplished Application Forms at
support staff who are actively engaged in the pursuit of information gathering the place and on the date prescribed by
and reporting or distribution, in any manners or form, including, but not limited the COMELEC
to: Voting a) local absentee voter shall vote on
1. Print Journalists; any day from the dates provided by
2. Television Journalists; the COMELEC from 8:00AM until
3. Photo Journalists; 5:00PM
4. Online Journalists;
5. Radio Journalists; b) the polling place shall likewise be
6. Documentary makers; designated by the COMELEC
7. Television/Radio Production;
c) only the positions of President,
Conditions Vice-President, Senators and Party-
List Representative shall be voted for
a) they are duly registered voters and whose registration records are not under the local absentee voting
deactivated; and
b) on election day, in case of government officials, members of the AFP and d) the Committee on Local Absentee
PNP, they are assigned temporarily to perform election duties in places where Voting (CLAV) shall supervise the
they are not registered voters; or in case of media voters, they will not be able to implementation of the local absentee
vote due to the performance of their functions in covering and reporting on the voting
conduct of elections
e) the CLAV may constitute as many

OVERSEAS ABSENTEE VOTING
Qualifications
Disqualifications
Who may be voted for
Special BEIs for local absentee voting
as may be deemed necessary, to count
the local absentee ballots
f) A Special Board of Canvassers
(SBOC) for local absentee voting shall
be constituted
a) All citizens of the Philippines
abroad
b) who are not otherwise disqualified
by law
c) at least eighteen (18) years of age
on the day of elections.
a) Those who have lost their Filipino
citizenship;
b) Those who have expressly
renounced their Philippine citizenship
and who have pledged allegiance to a
foreign country;
c) Those who have committed and are
convicted in a final judgment by a
Philippine court or tribunal of an
offense punishable by imprisonment
of not less than one (1) year; and
d) Any citizen of the Philippines
abroad previously declared insane or
incompetent by competent authority.
President, Vice-President, senators
and Party-List Representatives
They may vote as well as in all
national referenda and plebiscites.
REGISTRATION/CERTIFICATION
 shall be done in person at any post abroad or at designated registration
centers outside the post or in the Philippines approved by the Commission
 the application for registration shall be acted upon by the Resident Election
Registration Board
System of Continuing Registration
Registration shall commence not later than 6 months after the conduct of the
last national elections.
Change of Voting Venue
An application for transfer of registration record must be filed by the overseas
voter with the Office for Overseas Voting (OFOV) at least 180 days prior to the
start of the overseas voting period, Provided:
a) That those who would eventually vote in the Philippine should register within
the time frame provided for local registration in the municipality, city or district
where they intend to vote;
b) That those who have registered in the municipality, city or district where they
resided prior to their departure abroad need not register anew;
c) That transferees shall notify the OFOV of their transfer back to the
Philippines at least 180 days prior to the next national elections for purposes of
cancelling their names from the Certified List of Overseas Voters (CLOV) and
of removing their overseas registration from the book of voters.
Deactivation of Registration Causes:
a) Sentenced by final judgment by a
Philippine court or tribunal to suffer

Reactivation of Registration
Cancellation of Registration
DETAINEE VOTING
Detainee refers to any person:
1) confined in jail, formally charged for any crime/s and awaiting or
undergoing trial; or
2) serving a sentence of imprisonment for less than 1 year; or
imprisonment for not less than one (1)
year;
b) Insanity or incompetence;
c) Failure to vote in two (2)
consecutive national elections; and
d) Registration is ordered excluded by
the courts.
Any overseas voter whose registration
has been deactivated may file with the
RERB at any time, but not later than
120 days before the start if the
overseas voting period, a sworn
application for reactivation of
registration stating that the grounds for
the deactivation no longer exist.
Grounds:
a) Death
b) Loss of Filipino citizenship
The RERB shall cancel the
registration records of those who have
died, as certified by either the posts or
by the local civil registrar, and those
who have been proven to have lost
their Filipino citizenship.
3) whose conviction of a crime involving disloyalty to the duly constituted
government such as rebellion, sedition, violation of the firearms laws or
any crime against national security or for any other crime is on appeal
Who are Entitled to Avail of Detainee Voting
— any registered detainee whose registration record is not transferred,
deactivated, cancelled, or deleted
Satellite Registration There shall be a satellite registration
of detainees in detention centers/jails.
Reckoning Period of Age and Detainees who shall be 18 years of age
Residence on the day of election and/or are
committed inside the detention centers
for at least 6 months immediately
preceding the election day may be
registered as a voter.
Detainees who are already registered
voters may apply for transfer of
registration records as warranted by
the circumstances.
Date and Time of Detainee Voting shall take place on the same date as
national and local elections is
conducted
Escorted Detainee Voters
Who may Avail
a) Detainee voters who are residents/registered voters of municipalities or
cities other than the town/city of detention; and
 b) Detainee voters in detention centers/jails where no special polling places d. A registered voter
are established e. Resident of the Philippines for not less than 2 years immediately preceding
the day of the election
Conditions
Member of the House of Representatives
a) That said detainee voters obtained court orders allowing them to vote in [Sec. 6, Art. VI, 1987 Constitution]
the polling place where they are registered;
b) That it is logistically feasible on the part of the jail/prison administration to a. Natural-born citizen of the Philippines
escort the detainee voter to the polling place where he is registered; b. At least 25 years of age on the day of the election
c) That reasonable measures shall be undertaken by the jail/prison c. Able to read and write
administration to secure the safety of detainee voters, prevent their escape d. A registered voter in the district in which he shall be elected, except the
and ensure public safety. party-list representatives
e. Resident of said district for a period of not less than 1 year immediately
Candidacy preceding the day of the election

Qualifications and Disqualification of Candidates Elective Local Officials

[Sec. 39, Local Government Code]
QUALIFICATIONS OF CANDIDATES
a. Citizen of the Philippines
President and Vice-President b. A registered voter in the Barangay, municipality, city, or province or, in the
[Sec. 2 and 3, Art. VII, 1987 Constitution] case of a member of the Sangguniang Panlalawigan, Sangguniang Panlungsod,
or Sangguniang Bayan, the district where he intends to be elected
a. Natural-born citizen of the Philippines c. A resident therein for at least 1 year immediately preceding the day of the
b. A registered voter election;
c. Able to read and write d. Able to read and write Filipino or any other local language or dialect
d. At least 40 years of age on the day of the election e. Age:
e. Resident of the Philippines for at least 10 years immediately preceding such i. governor, vice-governor or member of the Sangguniang Panlalawigan, or
election Mayor, vice-mayor or member of the Sangguniang Panlungsod of highly
urbanized cities must be at least 23 years of age on election day;
Senator ii. mayor or vice-mayor of independent component cities, component cities,
[Sec. 3, Art. VI, 1987 Constitution] municipalities must be at least 21 years of age in election day
a. Natural-born citizen of the Philippines iii. member of Sangguniang Panlungsod or Sangguniang Bayan must be at
b. At least 35 years of age on the day of the election least 18 years of age on election day
c. Able to read and write iv. Punong Barangay or member of the Sangguniang Barangay must be at
 least 18 years of age on election day
v. Sangguniang Kabataan must be at least 15 years of age but not more than
21 years of age on election day
DISQUALIFICATION OF CANDIDATES
a) Declared by competent authority as insane or incompetent;
b) Sentenced by final judgment for subversion, insurrection, rebellion or for any
offense for which he has been sentence to a penalty of more than 18 months or
for a crime involving moral turpitude, unless he has been given the plenary
pardon or granted amnesty; [Sec. 12, BP Blg. 881]
[Sec. 40, Local Government Code]
(a) Those sentenced by final judgment for an offense involving moral turpitude
or for an offense punishable by one (1) year or more of imprisonment, within
two (2) 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;
(d) Those with dual citizenship;
(e) Fugitives from justice in criminal or nonpolitical cases here or 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 effectivity
of this Code; and
(g) The insane or feeble-minded.

a) Any candidate who, in an action or protest in which he is a party is declared

by final decision of a competent court guilty of, or found by the Commission of Filing of Certificates of Candidacy
having (a) given money or other material consideration to influence, induce or
corrupt the voters or public officials performing electoral functions; (b) a) Effect of Filing
committed acts of terrorism to enhance his candidacy; (c) spent in his election
campaign an amount in excess of that allowed by this Code; (d) solicited, b) Substitution and Withdrawal of Candidates
received or made any contribution prohibited under Sections 89, 95, 96, 97 and
104; or (e) violated any of Sections 80, 83, 85, 86 and 261, paragraphs d, e, k, v, c) Nuisance Candidates
and cc, subparagraph 6, shall be disqualified from continuing as a candidate, or
if he has been elected, from holding the office. d) Duties of the Commission on Elections (COMELEC)

b) Any person who is a permanent resident of or an immigrant to a foreign Campaign

country shall not be qualified to run for any elective office under this Code,
unless said person has waived his status as permanent resident or immigrant of a 1. Premature Campaigning
foreign country in accordance with the residence requirement provided for in
the election laws. [Sec. 68, B.P. Blg. 881] Prohibited Contributions

No contribution for purposes of partisan political activity shall be made directly

Local Elective Officials or indirectly by any of the following:
 Limitations on Expenses
(1) Public or private financial institutions. However, they are not
prohibited from making any loan to a candidate or political party if they are 5. Statement of Contributions and Expenses
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; Remedies and Jurisdiction

(2) Natural and juridical persons operating a public utility or in 1. Petition to Deny Due Course or Cancel a Certificate of Candidacy
possession of or exploiting any natural resources of the nation;
2. Petition for Disqualification
(3) Natural or juridical persons who hold contracts or subcontracts to
supply the government or any of its divisions, subdivisions or 3. Failure of Election, Call for Special Election
instrumentalities, with goods and services or to perform construction or
other works; 4. Pre-Proclamation Controversy

(4) Natural and juridical persons who have been granted franchises, 5. Election Protest
incentives, exemptions, allocations or similar privileges or concessions by
the government or any of its divisions, subdivisions or instrumentalities, 6. Quo Warranto
including GOCCs;
a) COMELEC
(5) Natural and juridical persons who, within one (1) year prior to the
date of the election, have been granted loans in excess of P25,000 by the b) Senate Electoral Tribunal (SET)
government or any of its divisions, subdivisions or instrumentalities
including GOCCs; c) House of Representatives Electoral Tribunal (HRET)

(6) Educational institutions which have received grants of public funds 7. Recall
amounting to no less than P100,000;
Prosecution of Election Offenses
(7) Officials or employees in the Civil Service, or members of the Armed [Exclude: Penal Provisions]
Forces of the Philippines; and

(8) Foreigners and foreign corporations.

Lawful and Prohibited Election Propaganda

 LOCAL GOVERNMENT GOVERNMENT INSTRUMENTALITY (GI) — neither a stock nor a non-
stock corporation [MIAA v. CA, G.R. No. 155650]
A. Public Corporations - a GI, which is operationally autonomous, remains part of the National
Government machinery although not integrated with the department
1. Concept; Distinguished from Government-Owned or Controlled framework
Corporations
Public and Private Corporations, distinguished
Public Corporations
— is one created by the state either by general or special act for purposes of Public Corporations Private Corporations
administration of local government or rendering service in the public interest established for purposes connected created for private aim, gain or
with the administration of civil or benefits of its members
— it is one formed or organized for the government of portion of a state; it is local governments
created by the state as its own agency for the accomplishment of parts of its creations of the state either by general created by the will of the incorporators
own public works or special act with the recognizance of the state
involuntary consequence of the constitute a voluntary agreement by
GOVERNMENT-OWNED OR CONTROLLED CORPORATION legislation and among its members
(GOCC) — vested by law with a legal personality separate and distinct from
those acting for and in its behalf and, in general, from the people comprising it. 2. Classifications
[MIAA v. CA, G.R. No. 155650]
a) QUASI-CORPORATIONS — created as agencies of the state for narrow
GOCCs must be organized either as a stock or non-stock corporation. and limited purposes without the powers and liabilities of self-governing
corporations
To qualify as a GOCC, a corporation must also, if not more importantly, be - they render public service or supply public wants
owned by the government. [Funa vs. MECO, G.R. No. 193462]
b) MUNICIPAL CORPORATIONS — a body politic and corporate
examples: GOCCs incorporated under the Corporation Code, subsidiaries of
constituted by the incorporation of the inhabitants for purposes of local
GOCCs, Government Financial Institutions (GFI), Water Districts,
government thereof
government-acquired asset corporation [MIAA v. CA, G.R. No. 155650]
- it is established by law partly as an agency of the state to assist in
the civil government of the country, but chiefly to regulate and administer
Attributes
the local or internal affairs of the city, town or district which is
1) its organization as stock or non-stock corporation;
incorporated
2) the public character of its function;
3) government ownership over the same
- quasi-municipal corporations are created by the local
governments
 - acts as agents of the community and people in the exercise of proprietary or
N.B. Municipal corporation and local governments are one and the private powers
same entity.
examples: a) establishment of markets and slaughter houses; b) operation of
(1) Elements telephone system; and c) operation of ferry service, etc.

a) A legal creation or incorporation;
b) A corporate name by which the artificial personality or legal entity is
known and in which all corporate acts are done;
c) Inhabitants constituting the population who are invested with the political
and corporate power which are executed through duly constituted officers
and agents;
d) A place or territory within which the Local Civil Government and
corporate functions are exercised.
LOCAL GOVERNMENT refers to a political subdivision of a nation or state
which is constituted by law and has substantial control of local affairs.
Proprietary powers are exercised for the special benefit and advantage of the
community and include those which are ministerial, private and corporate.
[Mun. of San Fernando, La Union v. Firme, G.R. No. L-52179]
NOTE: A municipal corporation (local government) is merely an agency
instituted by the State for the purpose of carrying out in detail the objects of the
government. It is essentially a revocable agency. It has no vested powers or
franchises. It is subject to the control of the legislative. [Coyle v. Gray, 30
Atlantic 728]
Other Classification of Local Government Powers

Character of Local Governments: express those granted in express words

implied those necessarily or fairly implied in
1) public or governmental — it acts as an agent of the state for the government or incident to the powers expressly
of the territory and the inhabitants within the local government limits granted
inherent those essential to the declared objects
examples: a) establishment and operation of schools; b) adoption of and purposes of the corporation not
regulations against fire and diseases; and c) preservation of the public peace, simply convenient but indispensable
etc. such as:

Governmental powers are those exercised in administering the powers of the a) to have perpetual succession;
state and promoting the public welfare and they include the legislative, judicial, b) to sue and be sued;
public and political. c) to purchase, hold and sell property
for the benefit of the municipal
2) private — it acts in a similar category as a business corporation, performing corporation;
functions not strictly governmental or political; in its governmental character, it d) to have a common seal;
exercises by delegation a part of the sovereignty of the state e) to make by-laws and ordinances for
 the government of the municipality (3) Requisites for Creation, Conversion, Division, Merger or Dissolution
legislative ordinance to make laws
executive ordinance to execute laws Creation of Local Government Units
intramural those exercised within the corporate
limits of municipal corporation A local government unit is deemed created on the day the charter takes effect.
extramural those exercised without, like those
given for the protection of water It is deemed incorporated on the day the charter is approved by a majority of
supply, prevention of nuisance and the votes cast in a plebiscite in the political units directly affected.
also for police forces
governmental administer the powers of the state and Only Congress and, by authority of law, local legislative councils, can create
promoting the public welfare within it specific local governments.
- creation is a legislative act
a) power of eminent domain; - the enabling law is referred to as the charter of the LGU
b) power of taxation;
c) promote public education;  The President or the Executive Branch of Government has no power to
d) maintain a fire department or police create local governments.
force  Congress can provide for the incorporation of Autonomous Regions
municipal those for the special benefit and identified under the 1987 Constitution. It has no power to create other
advantage of the urban community Autonomous Regions other than in Muslim Mindanao and Cordilleras.
 Congress can create provinces, cities, municipalities and barangays subject
a) erection of waterworks, gas works, to the criteria specified under the 1991 Local Government Code [Sec. 10,
power electric plants, from which Art. X, 1987 Constitution] and special laws such as RA 9009 which
profits may be derived by the pertains to the conversion of municipalities to competent cities.
municipality
mandatory those the exercise of which can be Requisites for Creation of Local Governments
required of municipal corporations
discretionary those which it may perform or not, Requirement Province City Municipality Barangay
depending upon its judgment and Income 20 million 20 million 2.5 million -
discretion (CC)
50 million
(HUC)
(2) Nature and Functions 100 million
(M to CC)
Population 250,000 150,000 (CC) 25,000 2,000
 200,000 5,000 Metro
(HUC) Manila
Land Area 2,000 km² 100 km² 50 km² Contiguous
Conversion
A plebiscite is required when a municipality is converted into an independent
component city and when the latter is later converted to a component city as
there was an “upgrade” and “downgrade” particularly insofar as taxes and
supervision are concerned.
A. Principles of Local Autonomy
“It is hereby declared the policy of the State that the territorial and political
subdivisions of the State shall enjoy genuine and meaningful local autonomy to
enable them to attain their fullest development as self-reliant communities and
make them more effective partners in the attainment of national goals. Toward
this end, the State shall provide for a more responsive and accountable local
government structure instituted through a system of decentralization whereby
local government units shall be given more powers, authority, responsibilities,
and resources. The process of decentralization shall proceed from the national
government to the local government units.” [Section 2(a), LGC]
Local autonomy, which is protected by the Constitution, is intended to proved
the needed impetus and encouragement to the development of local political
subdivisions as “self-reliant communities”. This objective could be blunted by
undue interference by the national government in purely local affairs which are
best resolved by the officials and inhabitants of such political units. [Belgica v.
Ochoa, G.R. No. 208566]
Local autonomy is either:
Decentralization of Administration — when the central government delegates
administrative powers to political subdivisions in order to broaden the base
of government power and in the process to make local governments more
responsive and accountable, and ensure their fullest development as self-
reliant communities and make them more effective partners in the pursuit of
national development and social progress [Limbona v. Mangelin, G.R. No. 80391]
Decentralization of Power — involves an abdication of political power in
favor of local government units declared to be autonomous. The autonomous
government is free to chart its own destiny and shape its future with
minimum intervention from central authorities
C. Autonomous Regions and Their Relation to the National Government
Autonomous Regions consist of provinces, cities, municipalities, and
geographical areas which share common and distinctive historical and cultural
heritage, economic and social structures, and other relevant characteristics. [Sec.
15, Art. X, 1987 Constitution]
- under the general supervision of the President
Legislative Powers of Autonomous Regions
[Sec. 20, Art. X, 1987 Constitution]
1) Administrative organization;
2) Creation of sources of revenues;
3) Ancestral domain and natural resources;
4) Personal, family, and property relations;
5) Regional urban and rural planning development;
6) Economic, social, and tourism development;
7) Educational policies;
8) Preservation and development of the cultural heritage; and
9) Such other matters as may be authorized by law for the promotion of the
general welfare of the people of the region.
Relation to the National Government
Regional peace and order, and defense and security shall be the responsibility of a) Police Power — the plenary power vested in the legislature to make statutes
the local police agencies and the National Government respectively. [Sec. 21, and ordinances to promote the health, morals, peace, education, good order or
Art. X, 1987 Constitution] safety and general welfare of the people

Whatever power or authority is not vested on the autonomous regions remains “Every local government unit shall exercise the powers expressly granted, those
with the National Government. [Sec. 17, Art. X, 1987 Constitution] Residual necessarily implied therefrom, as well as powers necessary, appropriate, or
regional powers lie with the National Government. incidental for its efficient and effective governance, and those which are
essential to the promotion of the general welfare. xxx” [Section 16, LGC]
D. Local Government Unit (LGU) - police power of local government units is a statutory delegated power
- The general welfare clause is the delegation in statutory form of the police
Types [Sec. 1, Art. X, 1987 Constitution] power of the State to local governments. [Ermita-Malate Hotel and Motel
Operations Association, Inc. v. Mayor of Manila, G.R. No. L-24693]
(1) Autonomous Regions
- there shall be autonomous regions in Muslim Mindanao and the Cordilleras Requisites:
1) the interests of the public generally, as distinguished from those of a
(2) Provinces particular class, require the interference of the State; and [refers to the equal
protection clause]
(3) Cities 2) the means employed are reasonably necessary for the attainment of the
a. highly-urbanized cities object sought to be accomplished and are not unduly oppressive upon
b. independent cities individuals [refers to the due process clause]
c. component cities
b) Eminent Domain
Cities that are highly urbanized, as determined by law, and component cities
whose charters prohibit their voters from voting for provincial elective c) Taxing Power
officials, shall be independent of the province. The voters of component
cities within a province, whose charters contain no such prohibition, shall not d) Closure and Opening of Roads
be deprived of their right to vote for elective provincial officials.
e) Legislative Power
(4) Municipalities
(1) Requisites of Valid Ordinance
(5) Barangays
(2) Local Initiative and Referendum
1. Powers
f) Corporate Powers
g) Ultra Vires Acts

2. Liability of LGUs

3. Settlement of Boundary Disputes

4. Vacancies and Succession of Local Officials

5. Recall

6. Term Limits