LAW ON PUBLIC OFFICERS

Jurisdicstion/exercise of authority (Rupinta Case):

CSC – appointive officials
Ombudsman - appointed and elected except impeachable officials, Congress and judiciary
Sanguniang Bayan, Panglungsod, Panglalawigan – only elective officials

*suspension as penalty and preventive suspension are not the same.

Administrative case is non-prescriptible.

Three-fold liability rule – admin, civil and criminal liability

Factora case: decisions of ombudsman are immediately executor. Not even TRO or
injunction can stop it.

ADMINISTRATION LAW

Instrumentality – government financial institutions, those which have their own charters
Agency – under a department (BOC under the DOF)

Test in delegation of the rule-making power:

Complete Test
Sufficient Standard Test

Ang Tibay Case – 7 administrative due process requirement

Powers of administrative agencies:

1. Can invite in aid of legislation, but not compel like the Congress.
2. however it can compel attendance of a peron in exercise of its adjudicatory power. It
cannot issue contempt, but can only do so through court
3. cannot issue Warrant of arrest. Exception: deportation of undesirable aliens

Doctrine of exhaustion administrative liabilities. There are 18 exceptions according to

Marquez Case

Consequence of non-exhaustion of administrative liabilities:

Case will be dismissed without prejudice to refiling. This is procedural and hence waivable.

Doctrine of Finality of administrative actions

Doctrine of primary jurisdiction

ELECTION

Take note on the qualifications of public offices.

Distinction between appointive and elective official in terms of filing COC. For elective
officials, the assumption of office is pursuant to the votes of the people whereas in
appointive officials, by virtue of the appointment of one appointing authority.

Considered an independent candidate if:

-Certification of Nomination and Acceptance (CONA) is not registered with COMELEC, or;
-nominated but not accepted; or
-if accepted but later on withdrew; or
-CONA is filed after the last day of period to file candidacy; or
-CONA not filed together with COC; or
-is substituted

Cases:
Lucy Torres Case
Quinto v COMELEC
Ejercito Case v Maquiling Case
Borja v COMELEC
Dangka v COMELEC
Father Kayat v COMELEC
Hagedorn Case
Villafuerte v Villafuerte
Lambino Case