Administrative Law Proper
Law on Public Officers
Atty. Victoria V. Loanzon
Part I – Administrative Law
A. GENERAL PRINCIPLES
Nature of Administrative Law
Reasons for Creating
Specialized Administrative
Agencies
Advantages of Creating
Administrative Agencies
B. ADMINISTRATIVE AGENCIES - Definition
Under the Revised Administrative Code
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Election Law
It is a branch of modern law under which the executive
department of the government, acting in a quasi-legislative or
quasi-judicial capacity, interferes with the conduct of the
individual for the purpose of promoting the well-being of the
community [Roscoe Pound]
(1) Growing complexities of modern life demand specialized
agencies.
(2) Rise of different fields which need specific government
regulation; and
(3) Increased difficulty of administering laws.
(1) Recognition of expertise and competence of an
administrative agency;
(2) Expediency in resolving otherwise complex and technical
issues; and
(3) Flexibility of the government to respond to changes.
Book VII, Sec. 2.
Definitions. - As used in this Book:
(1) "Agency" includes any department, bureau,
office, commission, authority or officer of the
National Government authorized by law or
executive order to make rules, issue licenses, grant
rights or privileges, and adjudicate cases; research
institutions with respect to licensing functions;
government corporations with respect to
functions regulating private right, privileges,
occupation or business; and officials in the
exercise of disciplinary power as provided by law.
 According to Black’s Law Dictionary An administrative agency is defined as "[a]
government body charged with administering and
implementing particular legislation. Examples are
workers' compensation commissions ... and the
like x x x. The term 'agency' includes any
department, independent establishment,
commission, administration, authority board or
bureau x x x.

According to Justice Nachura Administrative agencies are the organs of

According to Justice Isagani Cruz
government, other than a court and other than the
legislature, which affect the rights of private
parties either through adjudication or through
rulemaking
Administrative agency may be described as a body
endowed with quasi-legislative and quasi-judicial
powers for the purpose of enabling it to carry out
the laws entrusted for enforcement or execution

Definition of Terms Executive Order No. 292 – Section 2, Introductory

Provisions Revised Administrative Code [July 25, 1987]
Government of the Republic of the refers to the corporate governmental entity through which
Philippines the functions of government are exercised throughout the
Philippines, including, save as the contrary appears from the
context, the various arms through which political authority is
made effective in the Philippines, whether pertaining to the
autonomous regions, the provincial, city, municipal or
barangay subdivisions or other forms of local government.
National Government refers to the entire machinery of the central government, as
distinguished from the different forms of local governments
Local Government refers to the political subdivisions established by or in
accordance with the Constitution.
Agency of the Government refers to any of the various units of the Government,
including a department, bureau, office, instrumentality, or
government-owned or controlled corporation, or a local
government or a distinct unit therein.
National Agency refers to a unit of the National Government.
Local Agency refers to a local government or a distinct unit therein.
Department refers to an executive department created by law. For
purposes of Book IV, this shall include any instrumentality, as
herein defined, having or assigned the rank of a department,
regardless of its name or designation.
Bureau refers to any principal subdivision or unit of any department.
For purposes of Book IV, this shall include any principal
subdivision or unit of any instrumentality given or assigned
the rank of a bureau, regardless of actual name or

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 designation, as in the case of department-wide regional
offices.
Office refers, within the framework of governmental organization,
to any major functional unit of a department or bureau
including regional offices. It may also refer to any position
held or occupied by individual persons, whose functions are
defined by law or regulation.
Instrumentality refers to any agency of the National Government, not
integrated within the department framework vested with
special functions or jurisdiction by law, endowed with some
if not all corporate powers, administering special funds, and
enjoying operational autonomy, usually through a charter.
This term includes regulatory agencies, chartered
institutions and government-owned or controlled
corporations.
Regulatory agency refers to any agency expressly vested with jurisdiction to
regulate, administer, or adjudicate matters affecting
substantial rights and interest of private persons, the
principal powers of which are exercised by a collective body,
such as a commission, board, or council.
Chartered institution refers to any agency organized or operating under a special
charter and vested by law with functions relating to specific
constitutional policies or objectives. This term includes the
state universities and colleges and the monetary authority of
the State.
Government-owned or controlled refers to any agency organized as a stock or non-stock
corporation corporation, vested with functions relating to public needs
whether governmental or proprietary in nature, and owned
by the Government directly or through its instrumentalities
either wholly, or, where applicable as in the case of stock
corporations, to the extent of at least fifty-one (51) per cent
of its capital stock: Provided, That government-owned or
controlled corporations may be further categorized by the
Department of the Budget, the Civil Service Commission, and
the Commission on Audit for purposes of the exercise and
discharge of their respective powers, functions and
responsibilities with respect to such corporations.
“Officer” as distinguished from “clerk” or “employee”, refers to a
person whose duties, not being of a clerical or manual
nature, involves the exercise of discretion in the performance
of the functions of the government. When used with
reference to a person having authority to do a particular act
or perform a particular function in the exercise of
governmental power, “officer” includes any government
employee, agent or body having authority to do the act or
exercise that function.

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 “Employee” when used with reference to a person in the public service,
includes any person in the service of the government or any
of its agencies, divisions, subdivisions or instrumentalities

Case Assignments:
1. GSIS Savings /Family Bank Employees Union v. Secretary Villanueva, G.R. No. 210773, January 23,
2019
2. Bayani F. Fernando v. Commission on Audit, G.R. Nos. 237938 and 237944-45, December 04, 2018
3. Funa v. MECO, G.R. No. 193462, February 4, 2014
4. Oriondo et al. v. Commission on Audit, G.R. No. 211293, June 04, 2019

C. MANNER OF CREATION OF ADMINISTRATIVE AGENCIES

(1) Those created by the Constitution
(Examples: CSC, COMELEC, COA, CHR, Judicial and Bar Council, Read Articles IX, VIII and XIII, 1987
Constitution)
(2) Those created by Statutes(Examples: DPWH, DOST, DOTr, DICT, DOLE, DEpED, DFA, DSWD,
DND, DILG, DOJ, DOF, DA, DAR, DENR, NLRC, OWWA, SEC, PRC, Social Security Commission, Bureau
of on Immigration and Deportation, Intellectual Property Office, Insurance Commission, National
Housing Authority, GSIS, SSS, DBP, LBP)
(3) Those through Executive Orders/ Authorities of law
(Examples:
- Inter-agency Task Force on COVID-19, The Fact-Finding Commission pursuant to Republic Act No.
6832: Coup Attempts of RAM against the administration of President Corazon Aquino- E.O. 115 of
May 11, 2020 Extending the Extending the Term of the Boracay Inter-Agency Task Force
- E.O. 114 of May 6, 2020 Institutionalizing the Balik Probinsya, Bagong Pag-Asa Program as a Pillar
of Balanced Regional Development, Creating a Council therefor, and for other purposes.

Case Assignments:
Biraogo v. Phil. Truth Commission, G.R. No. 192935, December 7, 2010– power of the President to
create administrative bodies
Pimentel v. Legal Education Board, G.R. No. 230642, September 10, 2019 – constitutionality of the
creation of the LEB by Congress

D. KINDS OF ADMINISTRATIVE AGENCIES BASED ON PRIMARY PURPOSE

(1) Government grant or gratuity, special privilege
Examples: Bureau of Forest Development for Timber Licensing Agreements
Land Management Bureau for Homestead, Land Patents
GSIS for pension benefits of government employees
SSS for pension benefits of private sector employees
PAO for legal representation of indigent litigants
(2) Carrying out the actual business of government
Examples: BIR for collection of income taxes
Bureau of Customs for collection of tariffs and other duties
Bureau of Immigration and Deportation for exclusion and inclusion of aliens
Land Registration Authority for registration of land and condominium titles
(3) Service for public benefit
Examples: LRTA for provision of rapid mass transportation

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 Philippine National Railways for provision of alternative mass transportation in the metropolis
Philippine Postal Corporation for provision of mailing services to the public in general
Manila Water and Sewerage System for ensuring adequate water supply provided by selected
government concessionaires
National Housing Authority for the provision of housing for displaced families
(4) Regulation of businesses affected with public interest
Examples:
LTFRB for grant of Certificate for Public Convenience for public utility vehicles
NTC for grant of permits for telecommunications companies to operate
HLURB for grant of permits to sell subdivision lots (which may include housing units) and
condominium units and to regulate the relation of buyers and sellers
Bangko Sentral ng Pilipinas for permits for operation of all banks in the Philippines
Food and Drug Authority for certification for food and drugs fit for human consumption and
claims to cure specific ailments
LGUs for business permits, building permits and other regulatory permits.
(5) Regulation of private businesses and individuals
Examples:
Securities and Exchange Commission issues Certificates of Incorporation of stock and non-stock
entities.
Insurance Commission issues permits to life and non-life insurance companies including surety
Companies.
Business and Permits Licensing Office of LGUs for regulation of particular businesses operating
within their territorial jurisdiction
(6) Adjustment of individual controversies because of a strong social policy involved
ECC for claims of benefits caused work-related illness or accidents
NLRC for settlement of labor disputes
POEA for claims of illegal recruitment
OWWA for protection of overseas Filipino workers from abusive employers.
SEC for protection of the public from pyramiding scams
Insurance Commission for protection of the public from pre-need misrepresentations

E. POWERS OF ADMINISTRATIVE AGENCIES

1. Rule-making Powers Securities and Exchange Commission v. GMA Network, Inc., supra
(Quasi-Legislative
Functions)

2. Adjudicatory Powers Source of Power

(Quasi-Judicial Functions)

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 This is incidental to the power of regulation but is often expressly
conferred by the legislature through specific provisions in the
charter of the agency.

Requisites for Valid Exercise

(1) Jurisdiction: Power and limitations are vested by law.
(2) Due process: Right to Notice and Right to be Heard
Powers subsumed in the Exercise of Quasi-judicial Functions
(1) Subpoena Power – In any contested case, the agency shall have
the power to require the attendance of witnesses or the
production of books, papers, documents and other pertinent
data. [Sec. 13, Bk. VII, 1987 Admin Code]
(2) Contempt Power
General Rule: As a general rule, administrative agencies will
have to apply for the aid of Regional Trial Court to cite a party in
contempt.
Exception: If the law gives agency contempt power. [Sec. 13, Bk.
VII, 1987 Admin Code]
(3) Power to issue Search Warrant or Warrant of Arrest
General Rule: Only Judges may issue a search warrant or a
warrant of arrest. [Section 2, Article III, Constitution]

Jurisdiction
General Rule: A tribunal, board or officer exercising judicial
functions acts without jurisdiction if no authority has been
conferred to it by law to hear and decide cases.

Exception: In cases of deportation of illegal and undesirable aliens,

whom the President or the Commissioner of Immigration may
order arrested, following a final order of deportation, for the
purpose of deportation.
Case Assignment: Salazar v. Achacoso, G.R. No. 81510 (1990)]
Reminder: Once deportation proceedings have been initiated, the
alien’s liberty may be restrained.
Notice and Hearing

When required:

(1) When the law specifically requires it.

(2) When it affects a person’s status and liberty

Required in the following instances:

(1) Contested cases [Admin. Code, Bk. VII, Sec. 3]

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 (2) Insofar as practicable, to certain licensing procedures, involving
grant, renewal, denial or cancellation of a license; i.e. when the
grant, renewal, denial or cancellation of a license is required to
be preceded by notice and hearing [Sec. 17(1)]

(3) All licensing procedures, when a license is withdrawn,

suspended, revoked or annulled [Sec. 17(2)] Exception: Notice
and hearing are not required in cases of (a) willful violation of
pertinent laws, rules and regulations or (b) when public
security, health, or safety require otherwise. [Sec. 17(2)]

Notice and hearing are not required under the following

circumstances:

(1) There is an urgent need for an immediate action on the part of

the administrative agency;

(2) Discretion is exercised by an officer vested with it upon an

undisputed fact;

(3) If it involves the exercise of discretion and there is no grave

abuse;

(4) When it involves rules to govern future conduct of persons or

enterprises, unless law provides otherwise; and

(5) When the administrative agency is in the valid exercise of police

power.

Due Process in Administrative Proceedings

Cardinal Primary Rights
Case Assignment: Ang Tibay v. CIR, G.R. No. L-46496 (1940)

Administrative res judicata

General rule: The doctrine of res judicata applies only to judicial or
quasi-judicial proceedings and not to the exercise of purely
administrative functions. Administrative proceedings are
non-litigious and summary in nature; hence, res judicata does not
apply.

Requisites:

(1) The former judgment must be final;

(2) It must have been rendered by a court having jurisdiction over

the subject matter and the parties;

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 (3) It must be a judgment on the merits; and

(4) There must be identity of parties, subject matter and cause of

action.

Decisions and orders of administrative bodies rendered pursuant to

their quasi-judicial authority have, upon their finality, the force and
effect of a final judgment within the purview of the doctrine of res
judicata, which forbids the reopening of matters once judicially
determined by competent authorities.

Reminder: Res judicata does not apply in administrative

adjudication relative to citizenship.

The Regional Trial Court has jurisdiction to decide questions

relative to claims of citizenship.

Exception: For res judicata to be applied in cases of citizenship, the

following must be present:
(1) A person's citizenship must be raised as a material issue in a
controversy where said person is a party;
(2) The Solicitor General or his authorized representative took
active part in the resolution thereof; and
(3) The finding or citizenship is affirmed by SC.
Case Assignment: Board of Commissioners v. De la Rosa, G.R. Nos.
95122 (1991)

Case Assignments

1. Villanueva v. Palawan Council for Sustainable Development, 691 SCRA 556 (2013)
2. Ombudsman v. Fetalvero, G.R. No. 211450, July 25, 2018
3. Board of Investments v. SR Metals, Inc., G.R. No. 219927, October 3, 2018
4. Jaka Investments Corporation v. Urdaneta Village Association, Inc., G.R. Nos. 204187 and
206606, April 1, 2019

Administrative Appeal and Review

Different kinds of administrative appeal and review: [De Leon]

(1) That which inheres in the relation of administrative superior to administrative subordinate
where determinations are made at lower levels of the same administrative system;

(2) That embraced in statutes which provide for a determination to be made by a particular officer
of body subject to appeal, review, or redetermination by another officer or body in the same
agency or in the same administrative system;

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 (3) That in which the statute attempts to make a court a part of the administrative scheme by
providing in terms or effect that the court, on review of the action of an administrative agency,
shall exercise powers of such extent that they differ from ordinary judicial functions and
involve a trial de novo of matters of fact or discretion and application of the independent
judgment of the court;

(4) That in which the statute provides that an order made by a division of a Commission or Board
has the same force and effect as if made by the Commission subject to a rehearing by the full
Commission, for the ‘rehearing’ is practically an appeal to another administrative tribunal;

(5) That in which the statute provides for an appeal to an officer on an intermediate level with
subsequent appeal to the head of the department or agency; and

(6) That embraced in statutes which provide for appeal at the highest level, namely, the President

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

Ascertainment of Facts
A statute may give to non-judicial officers:
(1) The power to declare the existence of facts which call into
operation the statute’s provisions, and
(2) May grant to commissioners and other subordinate officers the
power to ascertain and determine appropriate facts as a basis
for procedure in the enforcement of particular laws.
Such functions are merely incidental to the exercise of power
granted by law to clear navigable streams of unauthorized
obstructions. They can be conferred upon executive officials
provided the party affected is given the opportunity to be heard.
Case Assignment: Lovina v. Moreno, G.R. No. L-17821 (1963)

Investigative Powers Administrative agencies’ power to conduct investigations and

hearings, and make findings and recommendations thereon is
inherent in them.

Licensing Function
“License” includes the whole or any part of any agency permit,
certificate, passport, clearance, approval, registration, charter,
membership, statutory exemption or other form of permission, or
regulation of the exercise of a right or privilege.” [Sec. 2(10), Book
VII, Administrative Code]
“Licensing” includes agency process involving the grant, renewal,
denial, revocation, suspension, annulment, withdrawal, limitation,
amendment, modification or conditioning of a license.” [Sec. 2(11),
Book VII, Administrative Code]
General Rule: Where the licensee has made timely and sufficient
application for the renewal of a license with reference to any
activity of a continuing nature, the existing license shall not expire

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Rate-fixing Powers
until the application shall have been finally determined by the
agency. .” [Sec. 18, Book VII, Administrative Code]
“Rate” means any charge to the public for a service open to all and
upon the same terms, including individual or joint rates, tolls,
classification or schedules thereof, as well as communication,
mileage, kilometrage and other special rates which shall be
imposed by law or regulation to be observed and followed by any
person.” [Sec. 2(3), Book VII, Administrative Code]
General Rule: In the fixing of rates, no rule or final order shall be
valid unless the proposed rates shall have been published in a
newspaper of general circulation at least two weeks before the first
hearing thereon. [Sec. 9, Book VII, Administrative Code]

Case Assignments:
1. Cariño v. CHR, G.R. No. 96681 (1991)]

2. Gonzalo Sy Trading v. Central Bank, G.R. No. L-41480 (1976)

3. KMU v. Garcia, G.R. No. 115381 (1994)

D. JUDICIAL REVIEW
General Rule: Judicial review may be granted or withheld as Congress chooses, except when the
Constitution requires or allows it. Thus, a law may provide that the decision of an administrative
agency shall be final and not reviewable and it would still not offend due process.
Reasons why agency actions/decisions/resolutions are subject to judicial review:
(1) There is an underlying power of the courts to scrutinize the acts of such agencies on questions of
law and jurisdiction even though no right of review is given by statute;
(2) The purpose of judicial review is to keep the administrative agency within its jurisdiction and
protect the substantial rights of the parties;
(3) It is that part of the checks and balances which restricts the separation of powers and forestalls
arbitrary and unjust adjudications.
Case Assignment: St. Martin’s Funeral Homes v. NLRC (1998)]

1. Doctrine of Primary Administrative Jurisdiction

General Rule: Courts will not intervene if the question to be resolved is one which requires the
expertise of administrative agencies and the legislative intent on the matter is to have uniformity in
the rulings.

Requisites:

(1) An administrative body and a regular court have concurrent and original jurisdiction

(2) Question to be resolved requires expertise of administrative agency

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(3) Legislative intent on the matter is to have uniformity in rulings

(4) Administrative agency is performing a quasi-judicial or adjudicatory function

2. Doctrine of exhaustion of administrative remedies

General Rule: Where the law has delineated the procedure by which administrative appeal or
remedy could be effected, the same should be followed before recourse to judicial action can be
initiated.

Requisites:

(1)The administrative agency is performing a quasi-judicial function;

(2) Judicial review is available; and

(3)The court acts in its appellate jurisdiction.

Exceptions to the Doctrine of Exhaustion of Remedies:

(1) Grave abuse of discretion;

(2) Pure question of law; or

(3) No other plain, speedy, and adequate remedy.

Case Assignments: Doctrinal rulings when parties may go directly to the courts without
exhausting administrative remedies
(1) The issue is purely a legal question. [Castro v. Secretary (2001)]

(2) There is grave doubt as to the availability of the administrative remedy. [Pascual v. Provincial
Board (1959)]

(3) Steps to be taken are merely matters of form. [Pascual v. Provincial Board (1959)]

(4) Administrative remedy not exclusive but merely cumulative or concurrent to a judicial remedy.
[Pascual v. Provincial Board (1959)]

(5) There are circumstances indicating urgency of judicial intervention [DAR v. Apex Investment
(2003); Paat v. CA (1997)]

(6) Rule does not provide plain, speedy, adequate remedy [Paat v. CA (1997); Information
Technology Foundation v. COMELEC (2004)]

(7) Resort to exhaustion will only be oppressive and patently unreasonable. [Paat v. CA (1997);
Cipriano v. Marcelino (1972)]

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(8) Where the administrative remedy is only permissive or voluntary and not a prerequisite to the
institution of judicial proceedings. [Corpus v. Cuaderno, Sr. (1962)]

(9) Application of the doctrine will only cause great and irreparable damage which cannot be
prevented except by taking the appropriate court action. [Paat v. CA (1997); Cipriano v.
Marcelino (1972)]

(10) When it involves the rule-making or quasi-legislative functions of an administrative agency.

[Smart v. NTC (2003)]

(11) Administrative agency is in estoppel. [Republic v.Sandiganbayan (1996)]

(12) When the case involves the application of the doctrine of qualified political agency. [Resident
Marine Mammals of Tanon Strait v. DOE Secretary Angelo Reyes, G.R. No. 180771, April 21, 2015]

(13) The subject of controversy is private land in land case proceedings. [In Re: Application for
Land Registration of Suprema T. Dumo v. Republic, G.R. No. 218269, June 06, 2018]

(14) When there is a violation of due process. [Paat v. CA (1997); Pagara v. CA (1996)]

(15) Where there is unreasonable delay or official inaction that will irretrievably prejudice the
complainant [Republic v. Sandiganbayan (1996)]

(16) Administrative action is patently illegal amounting to lack or excess of jurisdiction. [Paat v.
CA (1997)]

(17) Resort to administrative remedy will amount to a nullification of a claim [DAR v. Apex
Investment (2003); Paat v. CA (1997); Alzate v. Aldana, (1960)]

(18) No administrative review provided for by law [Estrada v. CA (2004)]

(19) Issue of non-exhaustion of administrative remedies rendered moot [Estrada v. CA (2004)]

(20) When the claim involved is small

(21) When strong public interest is involved

(22) In quo warranto proceedings [see enumeration in Lopez v. City of Manila (1996)]

(23) Law expressly provides for a different review procedure. [Samahang Magbubukid v. CA
(1999)]

Effect of failure to exhaust administrative remedies:

A direct action in court without prior exhaustion of administrative remedies, when required, is

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premature, warranting its dismissal on a motion to dismiss grounded on lack of cause of action.
Failure to observe the doctrine of exhaustion of administrative remedies does not affect the Court’s
jurisdiction. If not invoked at the proper time, this ground is deemed waived and the court can take
cognizance of the case and try it.

3. Doctrine of finality of administrative action

General Rule: Courts will not interfere with the act of an administrative agency before it has
reached finality or it has been completed.

The rule on finality of decisions, orders or resolutions of a judicial, quasi-judicial or administrative

body is "not a question of technicality but of substance and merit," the underlying consideration
therefore, being the protection of the substantive rights of the winning party.

Exceptions to the doctrine of finality of administrative action:

(1) the correction of clerical errors;

(2) the so-called nunc pro tunc entries which cause no prejudice to any party;

(3) void judgments; and

(4) whenever circumstances transpire after the finality of the decision rendering its execution unjust
and inequitable.

Case Assignment

1. Republic represented by DPWH v. Heirs of Cirilo Gotengco, G.R. No. 226355, January 24, 2018

Part II - LAW ON PUBLIC OFFICERS

A. ELIGIBILITY AND QUALIFICATIONS FOR PUBLIC OFFICE
Definition: Public Office is the right, authority, and duty, created and conferred by law, by which, for
a given period either fixed by law or enduring at the pleasure of the creating power, an individual is
invested with some portion of the sovereign functions of government, to be exercised by that
individual for the benefit of the public. [Mechem, quoted in Fernandez v. Sto. Tomas (1995)]
Philippine Constitution, Art. XI, Sec. 1 “Sec. 1. Public office is a public trust. Public officers and
employees must, at all times, be accountable to the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.”

Case Assignment: Jessica Lucila G. Reyes v. The Honorable Ombudsman, G.R. Nos. 212593-94, March
15, 2016: Accountability of public officers; powers of the Ombudsman (Sections 5 to 14, Article XI of
the 1987 Constitution, in relation to R.A. No. 6770, or otherwise known as "The Ombudsman Act of
1989.")

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1. Public office may be considered property in a limited sense:
(1) In quo warranto proceedings to decide which of the two persons are entitled to a public office.
(2) When the dispute concerns security of tenure.
2. TYPES OF PUBLIC OFFICERS: appointive (except for confidential appointees, must comply with
CSC standard qualifications); and elective (derives position by direct mandate of the people.
3. QUALITIES of a Public Officer (RILE): must serve with utmost RESPONSIBILITY, INTEGRITY,
LOYALTY and EFFICIENCY; act with patriotism and justice and lead modest life.
4. GENERAL RULE: A public servant may only be removed for cause. Every appointment is based on
merit and fitness.
5. NEXT-IN-RANK RULE
This rule specifically applies only in cases of promotion. It neither grants a vested right to the holder
nor imposes a ministerial duty on the appointing authority to promote such person to the next
higher position.
One who is “next-in-rank” to a vacancy is given preferential consideration for promotion to a vacant
position, but it does not necessarily follow that he alone and no one else can be appointed.
Reason for the rule: The preference given assumes that employees working in an office for longer
period have gained not only superior skills but also greater dedication to the public service provided
that the acts of the appointing power are bona fide for the best interest of the public service and the
person chosen has the needed qualifications.

CREATION OF PUBLIC OFFICE

1. General Rule: The creation of public office is a congressional prerogative.
Exceptions: Offices created by the Constitution; and offices created by a tribunal or body to which
the power to create has been validly delegated.
2. Modification and Abolition of Public Office
General Rule: Legislative in nature, as the power to create includes power to modify or abolish.
Exceptions:
(1) Where the Constitution prohibits such modification/abolition;
(2) Where the Constitution gives the people the power to modify or abolish the office [i.e. Recall]
Estoppel in Denying Existence of Office
A person is estopped from denying that he has occupied a public office when he has acted as a public
officer; more so when he has received public monies by virtue of such office.
3. CLASSIFICATION OF PUBLIC OFFICES AND PUBLIC OFFICERS
As to creation: constitutional or statutory
As to public served: national or local
As to duties discharged: legislative, executive, or judicial
As to nature of responsibilities: civil or military
As to exercise of discretion: discretionary or ministerial
As to title to office: de jure or de facto
As to compensation: lucrative or honorary

MODES AND KINDS OF APPOINTMENT

Modes of Acquiring Title to Public Office
(1) Election: selection by popular vote
(2) Appointment: under the Constitution; by provision of law; role of CSC
(3) Others:
(a) Succession by operation of law;

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 (b) Direct provision of law, e.g. ex-officio officers Secretary of Justice as member of the JBC

ELIGIBILITY AND QUALIFICATION REQUIREMENTS

1. ELIGIBILITY: all government positions require specific eligibility to be considered as being legally
fit or qualified to be chosen.
2. QUALIFICATION: Endowment/act which a person must do before he can occupy a public office.
WHEN QUALIFICATIONS MUST BE POSSESSED:
(1) At the time specified by the Constitution or law.
(2) If time is unspecified, there are two views:
(a) Qualification during commencement of term or induction into office– if qualified at the time of
commencement of the term or induction into office, disqualification of the candidate or appointee at
the time of election or appointment is immaterial
b) Qualification/eligibility during election or appointment – conditions of eligibility must exist at the
time of the election or appointment, and that their existence only at the time of the commencement
of the term of office or induction of the candidate or appointee into office is not sufficient to qualify
him to office.
(3) Qualification is of a continuing nature, and must exist throughout the holding of the public office.
Once the qualifications are lost, the public officer forfeits the office.
3. RESTRICTIONS ON THE POWER OF CONGRESS TO PRESCRIBE QUALIFICATIONS:
(1) Congress cannot exceed its constitutional powers;
(2) Congress cannot impose conditions of eligibility inconsistent with constitutional provisions;
(3) The qualification must be germane to the position;
(4) Congress cannot add to eligibility requirements specified in the Constitution; and
(5) Congress cannot prescribe qualifications so detailed to amount to making a legislative
appointment which violates the doctrine of separation of powers.

DISABILITIES AND INHIBITIONS OF PUBLIC OFFICERS

1. General Rule: Individuals who lack ANY of the qualifications prescribed by the Constitution or by
law for a public office are ineligible (i.e. disqualified from holding such office).
2. Authority to prescribe qualifications: The legislature has the right to prescribe disqualifications in
the same manner that it can prescribe qualifications, PROVIDED that the prescribed
disqualifications do not violate the Constitution.
3. General Constitutional Disqualifications
(a) Losing candidates cannot be appointed to any governmental office within one year after such
election. (Art. IX-B Sec. 6)
(b) Elective officials during their tenure are ineligible for appointment or designation in ANY
capacity to ANY public office or position [Art. IX-B Sec. 7(1)] unless they forfeit their seat
(c) General Rule: Appointive officials shall not hold any other governmental position, UNLESS
otherwise allowed by law or his position’s primary functions [Art. IX-B Sec 7 (2)]
• Exception: ex-officio positions, which are positions held as provided by law and required by the
primary functions of the office.
• Exception to exception: However, the President, VP, the members of the Cabinet and their
deputies or assistants are subject to the stricter disqualification that they cannot hold ANY other
office or employment, even ex-officio ones.
• Exception to THAT: where such holding of two positions is provided in the Constitution, e.g. the
President is the head of NEDA.
4. Specific Constitutional Disqualifications

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(a) The President, Vice President, the Members of the Cabinet and their deputies or assistants: Shall
not hold any other office or employment during their tenure, UNLESS otherwise provided in the
Constitution, (Art. VII, Sec. 13)
(b) The President’s spouse and relatives by consanguinity or affinity within the fourth civil degree:
Shall not be appointed during President’s tenure 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. (Art. VIII, Sec. 13)
(c) Senator or Member of the House of Representatives: May not hold during his term any other
office or employment in the Government, or any subdivision, agency or instrumentality thereof,
including government -owned or -controlled corporations or their subsidiaries. If he does, he forfeits
his seat; and
Shall also not be appointed to any office when such was created or its emoluments were increased
during his term. (Art. VI, Sec 13)
(d) Members of the Supreme Court and other courts established by law: Shall not be designated to
any agency performing quasi-judicial or administrative functions. (Art. VIII, Sec. 12)
(e) Members of the Constitutional Commissions: Shall not hold any other office or employment
[during their tenure]. (Art. IX-A, Sec. 2)
(e) The Ombudsman and his Deputies: No other office or employment during their tenure. (Art. XI,
Sec. 8)
5. Other Disqualifications
(a) Mental or physical incapacity
(b) Misconduct or crime: persons convicted of crimes involving moral turpitude are disqualified
from holding public office.
(c) Impeachment: review procedure on impeachment and trial; effect on public official impeached
(d) Removal or suspension from office: jurisdiction of Ombudsman and Civil Service Commission
(e) Previous tenure of office: limitations on extension of term of office fixed by the Constitution and
by law
(f) Consecutive terms limit:
(a) Vice-President = two consecutive terms of 6 years each
(b) Senator = two consecutive terms of 6 years each
(c) Representative of Congressional District = three consecutive terms of 3 years each
(d) Elective local officials = 3 consecutive terms (Sec. 8, Art. X, Constitution)
(g) Holding more than one office, supra.
(h) Holding of office in the private sector:
(i) Section 7 (b)(1)of RA 6713 makes it unlawful for public officials and employees to own, control,
manage, or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or
nominee in any private enterprise regulated, supervised or licensed by their office during their
incumbency unless expressly allowed by law.
(ii) Section 7 of RA 6713 also generally provides for the prohibited acts and transactions of public
officials and employees. Subsection (b) (2) prohibits them from engaging in the private practice of
their profession during their incumbency. As an exception, a public official or employee can engage
in the practice of his or her profession under the following conditions:
first, the private practice is authorized by the Constitution or by the law; and
second, the practice will not conflict, or tend to conflict, with his or her official functions.
6. NEPOTISM

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General Rule: The Civil Service Decree (PD 807) prohibits all appointments in the national and local
governments or any branch or instrumentality thereof made in favor of relatives within the third
degree of consanguinity or affinity of:
(a) appointing authority;
(b) recommending authority;
(c) chief of the bureau office; or
(d) person exercising immediate supervision over the appointee
In the last two cases, it is immaterial who the appointing or recommending authority is. To
constitute a violation of the law, it suffices that an appointment is extended or issued in favor of a
relative of the chief of the bureau or office, or the person exercising immediate supervision over the
appointee
Exceptions to Rule On Nepotism:
(a) persons employed in a confidential capacity
(b) teachers
(c) physicians
(d) members of the Armed Forces of the Philippines
(f) those that were already appointed to the same office, but later got married.
7. MIDNIGHT APPOINTMENTS: A President or Acting President is prohibited from making
appointments two months immediately before the next presidential elections and up to the end of
his term. (Art. VII, Sec. 15, Constitution)
Exception: Temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety.
8. LIMITATIONS UNDER THE LOCAL GOVERNMENT CODE, THE FF. CANNOT BE LOCAL
GOVERNMENT OFFICIALS (SEC. 40, LGC)
(a) Sentenced by final judgment for an offense involving moral turpitude or for an offense
punishable by 1 year or more of imprisonment, within 2 years after serving sentence;
(b) Removed from office as a result of an administrative case;
(c) Convicted by final judgment for violating the oath of allegiance to the Republic;
(d) Those holding dual allegiance.
(e) Fugitive from justice in criminal or non-political 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 the Local Government
Code;
(g) The insane or feeble-minded

Read Sections 3 to 8 of Article IX – B: The Civil Service Commission

Case Assignments:
1. Limkaichong v. Commission on Elections, 583 SCRA 1 (2009)

2. Civil Service Commission v. Cortes, 723 SCRA 609 (2014)

3. CSC v. Dacoycoy (1999)
4. De Castro v. JBC, G.R. No. 1911002, March 17, 2010

B. LIABILITIES OF PUBLIC OFFICERS UNDER BIDDING RULES AND CONTRACTS

Three-fold liability of a public officer: civil liability, criminal liability and administrative liability.

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Read Sections 17 and 18, Article XI
Case Assignments:
1. Gwendolyn Garcia v. Sandiganbayan, G.R. 205904, October 17, 2017

2. Castillo-Co v. Sandiganbayan, G.R. No.184766, August 15, 2018: Review the Arias doctrine
3. Ombudsman v. P/Supt. Espina, G.R. No. 213500, March 15, 2017
4. Ombudsman v. P/Supt. Petrasanta, G.R. No. 227269, August 18, 2019

C. PERSONNEL MOVEMENTS AND DISCIPLINARY PROCEEDINGS

Any action denoting the movement or progress of personnel in the civil service is known as
personnel action.
It includes:
(a) appointment through certification
(b) promotion
(c) transfer
(d) reinstatement
(e) reemployment
(f) detail
(g) reassignment
(h) demotion and
(i) separation

Case Assignments:
1. Baculi v. Office of the President, 820 SCRA 1 (2017)

2. Bagaoisan v. Ombudsman, G.R. No. 242005, June 6, 2019

3. Dator v. Ombudsman, G.R. No. 237742, October 8, 2019
4. Atty. Purina Jabinal v. Ombudsman, G.R. no. 232094, July 24, 2019

D. SUSPENSION, REINSTATEMENT AND DISMISSAL OF PUBLIC OFFICERS

1. Preventive suspension is not a penalty but is mean to safeguard the integrity of the administrative
investigation. There is no compensation given during this period of suspension.
2. Effects on resolution of cases on public officers: When a public officer is suspended pending
appeal, he is entitled to compensation for the period of suspension if he is found innocent.
If a public officer is illegally removed, he may be reinstated. If there was bad faith or malice, the
superior who caused such illegal removal will be held personally accountable for the back salaries of
subject employee.
The award of backwages is limited to a maximum period of five years.
3. Right to Reinstatement: Reinstatement means the restoration to a state or condition from which
one had been removed or separated. One who is reinstated assumes the position he had occupied
prior to the dismissal.
4. Right to Back Salaries –back salaries are payable to an officer illegally dismissed or otherwise
unjustly deprived of his office, the right to recover accruing from the date of deprivation. The claim

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for back salaries must be coupled with a claim for reinstatement and subject to the prescriptive
period of one year.
5. Immunity of Public Officers
Official immunity is not absolute; serves to protect the public officer in the discharge of his
responsibilities; serves as a protective aegis for public officials from tort liability for damages on
account of his responsibilities.

Case Assignments:
1. Moreno v. Court of Appeals, G.R. No. 238566, February 20, 2019)
2. Lee v. Sales, G.R. No. 205294, July 4, 2019

E. IMPEACHMENT
Read Sections 2 and 3 of Article XI
1. Office of the Ombudsman v. Court of Appeals, 452 SCRA 714 (2005)
2. Gutierrez v. House of Representatives Committee on Justice, 643 SCRA 198 (2011)
3. Republic v. Sereno, 863 SCRA 1 (G.R. No. 237428, 11 May 2018)
4. Re: Letter of Mrs. Ma. Cristina Roco Corona requesting the Grant of Retirement and other
Benefits to the late former Chief Justice Renato C. Corona and her claim for Survivorship
Pension as his Wife under R Republic Act No. 9946: Former Chief Justice Corona is entitled to
all his retirement benefits and that his surviving spouse is entitled to receive full survivor
benefits because his separation from service was involuntary.
5. In a notice dated February 18, 2020 and signed by Clerk of Court Edgar Aricheta, the high
court dismissed the petition filed against Associate Justice Edgardo delos Santos by Karl
Eugenio on the following grounds:
i. Being the wrong remedy;
ii. Failure to pay docket and other legal fees;
iii. Lack of verification and certification on non-forum shopping as required by
Section 1, Rule 66, and Section 4, Rule 7, respectively, 1997 Rules of Civil Procedure, as amended;
iv. Lack of proof of service (e. g. a written admission of the party served, or an affidavit of the
party serving and registry receipts) of the petition on the adverse party, as required by Section 13,
Rule 13 of the same rules;
v. Failure to indicate petitioner’s contact details, e. g. telephone number, fax number,
cellular phone number or email address, pursuant to the En Banc Resolution dated
July 10, 2007 in A. M. No. 07-6-5-SC (Statement of Contact Details or Parties
or Their Counsels in All Papers Filed in the Supreme Court, and;
vi. Requirement to submit a verified declaration that the petition and annexes
submitted electronically are complete and true copies of the completed document
and annexes filed with this Court, as required in the Guidelines on Submission and
Processing of Soft Copies of Supreme Court-bound Papers Pursuant to the Efficient
Use of Paper Rule.

F. SANDIGANBAYAN AND OMBUDSMAN

Read Sections 4 to 14 of Article XI
1. Gonzales III v. Office of the President, 679 SCRA 614 (2012)   714 SCRA 611 (2014)
2. Ifurung v. Carpio Morales, 862 SCRA 684 (G.R. No. 232131, 24 April 2018)

19 | Page
 3. Office of the Ombudsman v. Andutan, Jr., 654 SCRA 539 (2011)
4. People v. Sandiganbayan, G.R. No. 232197-98, April 16, 2018
5. Sherwin Gatchalian v. Ombudsman, G.R. No. 229288, August 1, 2018

G. PUBLIC OFFICE AND RESPONSIBILITY

Read Section 1, Article XI
1. Carpio Morales v. Court of Appeals (Sixth Division), supra
see: Erice v. Judge Sison
https://www.lawphil.net/judjuris/juri2017/nov2017/am_rtj-15-2407_2017.html
2. Senator Jinggoy Estrada v. Ombudsman et al., G.R. No. 212761, July 31, 2018

H. TERMINATION OF OFFICIAL RELATIONS

1. Status of Incumbent Public Officers
De Facto Officers
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
De jure and de facto officers, distinguished: elements of in determining is one is a de facto officer:
• There must be a de jure office
• Color of right or general acquiescence by the public
• Actual physical possession of the office in good faith

2. Removal of Public Official through Quo Warranto – normally brought in cases involving public
officers, both elective and appointive, as to which party has a right or title to the office.
3. Termination of Official Relation
Expiration of Term of office
Accomplishment of the Purpose accomplishment of the purposes which called it into being.
Upon reaching the age limit (retirement)
Compulsory Retirement Age
(1) Members of the Judiciary – 70 years old
(2) Other government officers and employees – 65 years old [new GSIS Charter]
(3) Optional retirement age – after rendition of the minimum number of years of service [RA 1616]
Death or when public servant suffers permanent disability
Resignation from office
Holding of incompatible offices
Abolition of office
Reorganization
Attrition
Impeachment
Conviction of a crime
Removal for Cause

Read Section 2, Article XI

1. Re: Application for Retirement of Judge Moslemen T. Macarambon under Republic Act No.
910, as Amended by Republic Act No. 946, 673 SCRA 602 (2012)

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 2. Fetalino v. Commission on Elections, 686 SCRA 813 (2012)
3. Ocampo v. Commission on Audit, 698 SCRA 136 (2013)
4. Ombudsman v. Pacuribot, G.R. No. 193336, September 26. 2018: The death of a public
officer terminates his service with the government and extinguishes any liability he
may have incurred.

Part III – Election Law

A. GENERAL CONSIDERATIONS
THE RIGHT TO SUFFRAGE
1. CONSTITUTIONAL BASIS: ART. II, 1987 CONSTITUTION
Article II – Declaration of Principles and State Policies, 1987 Constitution: “Sec. 1 –The Philippines
is a democratic and republican state. Sovereignty resides in the people and all government
authority emanates from them.”
2. QUALIFIED VOTERS: ART. V. 1987 CONSTITUTION
“Sec. 1 - Suffrage may be exercised by all citizens of the Philippines not otherwise disqualified by
law, who are at least eighteen years of age, 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 (6) months immediately
preceding the election. No literacy, property, or other substantive requirement shall be imposed on
the exercise of suffrage (emphasis supplied).”. REGISTRATION OF VOTERS
DEFINITION: AN 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. [SEC. 3A, R.A.
8189]
Registration does not confer the right to vote but it is a condition precedent to the exercise of the
right [Yra v. Abano (1928)]
Circumstances that would allow alteration of the List of /voters:
(1) Deactivation/Reactivation
(2) Exclusion/Inclusion Proceedings
(3) Cancellation of Registration in case of death
(4) Inclusion of New voters
(5) Annulment of Book of Voters
(6) Transfer of Residence of a registered voter.
The trial court has no power to order the change or transfer of registration from one place of
residence to another for it is the function of the election Registration Board as provided under
Section 12 of R.A. No. 8189. [Domino v. COMELEC, 1999]
GROUNDS FOR CANCELLATION/AMENDMENT OF ENTRIES:
(1) When the overseas absentee voter files a letter under oath addressed to the COMELEC that
he/she wishes to be removed from the Registry of Overseas Absentee Voters, or that his/her name
be transferred to the regular registry of voters.
(2) When an overseas absentee voter’s name was ordered removed by the COMELEC from the
Registry of Overseas Absentee
GENERAL RULE: A REGISTERED VOTER MAY BE DELISTED FOR HIS/HER FAILURE TO EXERCISE
HIS/HER RIGHT TO VOTE UNDER R.A. 9189 FOR 2 CONSECUTIVE NATIONAL ELECTIONS. [SEC. 9,
R.A. 9189]

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 INCLUSION / EXCLUSION PROCEEDINGS (SECTIONS 138, 139, 142, OMNIBUS ELECTION CODE): A
CHALLENGE TO RIGHT TO REGISTER AS A VOTER MAY BE INSTITUTED BY ANY VOTER,
CANDIDATE OR REPRESENTATIVE OF A REGISTERED POLITICAL PARTY.
The challenge must be:
(1) in writing;
(2) specify the grounds for the objection to register;
(3) under oath; and
(4) attached to the application, together with the proof of notice of hearing to the challenger and
the applicant.
DEACTIVATION OF REGISTRATION - Definition: process of deactivating the registration of certain
persons, removing their registration records from the corresponding precinct book of voters and
placing the same in the inactive file, properly marked “deactivated” and dated in indelible ink.
Reasons of Deactivation: The ERB shall remove the registration records of the following persons
from the corresponding precinct book of voters and place the same in the inactive file:
(1) Sentenced by final judgment to suffer imprisonment for not less than 1 year (unless granted a
plenary pardon or an amnesty) shall automatically reacquire right to vote upon the expiration of 5
years after the service of sentence as certified by clerks of courts
(2) Adjudged by final judgment for having committed any crime involving disloyalty to the duly
constituted government (e.g. rebellion, sedition, violation of the firearms law) or any crime against
national security (unless restored to full civil and political rights in accordance with law) shall
automatically reacquire the right to vote upon the expiration of 5 years after the service of
sentence;
(3) Insane or incompetent persons as declared by competent authority;
(4) Did not vote in the 2 successive preceding regular elections (excluding SK elections);
(5) Registration has been ordered excluded by the Court; and
(6) Lost of Filipino citizenship. [Sec. 27, R.A. 8189]
3. OVERSEAS ABSENTEE VOTER: THE RIGHT OF OVERSEAS FILIPINOS TO VOTE
Absentee voting: process by which qualified citizens of the Philippines abroad exercise their right
to vote. [Sec. 3a, R.A. 9189, The Overseas Absentee Voting Act]
Overseas Absentee Voter: a citizen of the Philippines who is qualified to register and vote under
this Act, not otherwise disqualified by law, who is abroad on the day of elections. [Sec. 3f, R.A. 9189]
Coverage of the right of suffrage of overseas absentee voters: Elections for president,
vice-president, senators and party-list representatives [Sec. 3f, R.A. 9189]
Registration as an overseas absentee voter shall be done in person in the Philippine Consulate of
Embassy nearest to the place of residence of the voter. [Sec.5, R.A. 9189]
4. Disqualified Voters: Sec. 118, Omnibus Election Code
The following shall be disqualified from voting:
• Any person who has been sentenced by final judgment to suffer imprisonment for not
less than one year, such disability not having been removed by plenary pardon or
granted amnesty: Provided, however, that any person disqualified to vote under this
paragraph shall automatically reacquire the right to vote upon expiration of five (5)
years after service of sentence.
• 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, unless restored to his full civil and political rights in

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 accordance with law: Provided, that he shall regain his right to vote automatically upon
expiration of five (5) years after service of sentence.
• Insane or incompetent persons as declared by competent authority.

THE COMMISSION ON ELECTIONS (“COMELEC”), ART. IX, 1987 CONSTITUTION

1. COMPOSITION SEC. I (1) – ART. IX - B, 1987 CONSTITUTION
“Sec. 1 (1) – There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five (35) years of age, holder of a college degree, and must not have
been candidates for any elective position in the immediately preceding elections. However, a
majority thereof, including the Chairman, shall be members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.”
2. TERM OF OFFICE SEC. I (2), ART. IX -, 1987 CONSTITUTION
“The Chairman and the Commissioners shall be appointed by the President with the consent of
the Commission on Appointments for a term of seven years without reappointment. x x x
Appointment to any vacancy shall be only for the unexpired term of the predecessor. In no case
shall any Member be appointed or designated in a temporary or acting capacity.”
3. PERTINENT LAWS
• Omnibus Election Code (BP Blg. 881)
• R.A. 6646 -The Electoral Reform Act of 1984
• R.A. No. 7166 - The Synchronized National and Local Elections Law of 1991
• R.A. 8046 - Authorizing the Commission on Elections to Conduct a Nationwide
Demonstration of a Computerized Election System and Pilot-Test it in the March
1996 Elections in the Autonomous Region.
• R.A. 8189 - Voter’s Registration Act of 1996
• R.A. 8295 – Lone Candidate Law
• R.A. 9006 – Fair Election of 2001
• R.A. 9164 - Barangay and Sangguniang Kabataan Elections, amending Republic Act
No. 7160
• R.A. 9189 – The Absentee Voting Law
• R.A. 9369 – Commission on Elections to use an automated election system in the
May 11, 1998 national or local elections and in subsequent national and local
electoral exercises.
• Excerpts from R.A. 7160 – Local Government Code

3.1. INTERPRETATION OF ELECTION LAWS – LIBERALLY CONSTRUED IN FAVOR OF RIGHT OF

SUFFRAGE
3.2. PURPOSE OF ELECTION LAWS – TO ASCERTAIN THE WILL OF THE PEOPLE AS AN
EXPRESSION OF SOVEREIGNTY
What constitutes an election: Plurality of votes sufficient for:
(1) A choice conditioned on the plurality of valid votes or
(2) A valid constituency regardless of the actual number of votes cast.

REGISTRATION OF POLITICAL PARTIES

A. POLITICAL PARTY: An organized group of citizens advocating an ideology or platform,
principles and policies for the general conduct of government and which, as the most

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 immediate means of securing their adoption, regularly nominates certain of its leaders
and members as candidates for public office. [Sec. 60, BP 881 and Sec.
3(c) of RA 7941]

TYPES OF POLITICAL PARTIES IN THE PHILIPPINES

(1) National Party - constituency is spread over the geographical territory of at least a majority of
the regions.
(2) Regional Party - constituency is spread over the geographical territory of at least a majority of
the cities and provinces comprising the region.
(3) Sectoral party – organized group of citizens belonging to any of the following sectors: labor,
peasant, fisherfolk, urban poor, indigenous cultural communities, elderly, handicapped, women,
youth, veterans, overseas workers and professionals whose principal advocacy pertains to the
special interests and concerns of their sector. (Ang Paglaum v. COMELEC, 201 )

ENTITIES WHICH CANNOT BE REGISTERED AS POLITICAL PARTIES

(1) Religious denominations and sects
(2) Groups which seek to achieve their goals through violence or unlawful means
(3) Entities which refuse to uphold and adhere to the Constitution
(4) Associations supported by foreign governments [Art. IX-C, Sec. 2 (5), Constitution]

PURPOSES OF REGISTRATION
(1) To acquire juridical personality
(2) To entitle it to rights and privileges granted to political parties
(3) To participate in the party-list system

GROUNDS FOR REFUSAL/CANCELLATION OF REGISTRATION

The COMELEC may, motu propio or upon verified complaint of any interested party, refuse or
cancel, after due notice and hearing, the registration of any national, regional or sectoral party,
organization or coalition on any of the following grounds:
(1) Religious sect or denomination, organization or association, organized for religious purposes
(2) Those advocating violence or unlawful means to seek its goal
(3) Foreign party or organization
(4) Those receiving support from any foreign government, foreign political party, foundation,
organization, whether directly or through any of its officers or members or indirectly through third
parties for partisan election purposes
(5) Those which violate or fail to comply with laws, rules or regulations relating to elections
(6) Those which declare untruthful statements in its petition
(7) Those which ceased to exist for at least one (1) year
(8) Those which fail to participate in the last two (2) preceding elections or
(9) Those which fails to obtain at least 2% of the votes cast under the party-list system in the two
(2) preceding elections for the constituency in which it has registered [Sec. 6, R.A. 7941]

PARTY-LIST SYSTEM
1. Definitions: Sectoral organization: group of citizens or a coalition of groups of citizens who share
similar physical attributes or characteristics, employment, interests or concerns.

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 Coalition: an aggrupation of duly registered national, regional, sectoral parties or organizations for
political and/or election purposes. [Sec. 3, R.A. 7941, Party-List System Act]
Any organized group of persons may register as a party, organization or coalition for purposes of
the party-list system.
2. Purpose: To enable Filipino citizens belonging to marginalized and underrepresented sectors,
organizations and parties, and who lack well-defined political constituencies but who could
contribute to the formulation and enactment of appropriate legislation that will benefit the nation
as a whole, to become members of the House of Representatives. [Sec. 2, R.A. 7941]
3. Nomination of party-list representatives: Each registered party, organization or coalition shall
submit to the COMELEC not later than 45 days before the election a list of names, not less than five
(5), from which party-list representatives shall be chosen in case it obtains the required number of
votes. National and local political parties may participate in the party list system provided they do
not field any candidates in the congressional legislative districts.
A MEMBER OF A PARTY LIST MAY BE NOMINATED:
1. IN ONE PARTY LIST ONLY;
2. MUST GIVE CONSENT IN WRITING;
3. MUST NOT BE A CANDIDATE FOR ANY ELECTIVE OFFICE; OR HAS NOT LOST HIS BID FOR AN
ELECTIVE OFFICE IN THE IMMEDIATELY PRECEDING ELECTION
NO CHANGE OF NAMES OR ALTERATION SHALL BE ALLOWED AFTER THE SAME SHALL HAVE
BEEN SUBMITTED TO THE COMELEC EXCEPT WHEN:
(1) The nominee dies;
(2) The nominee withdraws his nomination; or
(3) The nominee becomes incapacitated.
Names of party-list nominees shall not be shown on the certified list [Sec. 7, RA 7941]
4. Effect of Change of Party List Affiliation: Any elected party-list representative who changes his
political party or sectoral affiliation during his term of office shall forfeit his seat
within six (6) months before an election shall not be eligible for nomination as party-list
representative under his new party or organization [Sec. 15, R.A. 7941]
5. Seat Allocation: BANAT v. COMELEC, G. R. No. 179271, July 8. 2009 - The combined number of all
party-list congressmen shall not exceed 20% of the total membership of the House of
Representatives, including those elected under the party-list. Only those parties garnering a
minimum of 2% of the total votes cast for the party-list system shall be entitled to one guaranteed
seat each. Each party, regardless of the number of votes it actually obtained, is entitled to a
maximum of three (3) seats.
Case Assignments:
1. Bagumbayan –VNP v. COMELEC, G.R. No. 206719, April 10, 2019

2. Kabataan Party-List v. Commission on Elections, 777 SCRA 574 (2015)

3. Nicolas-Lewis v. COMELEC, G.R. No. 162759, August 4, 2006

B. DISQUALIFICATION AND CANCELLATION OF CERTIFICATE OF CANDIDACY

1. National Elective Officials
A.1. President (Sections 2 and 4, Art. VII, 1987 Constitution)
Qualifications: “Sec. 2 – No person may be elected President unless he is a natural – born citizen of
the Philippines, a registered voter, able to read and write, at least forty years of age on the day of

25 | Page
 the election, and a resident of the Philippines for at least ten years immediately preceding such
election.”
Term of Office: “Sec. 4 – The President and the Vice-President shall be elected by direct vote of the
people for a term of six years which shall begin at noon on the thirtieth day of June next following
the day of the election and shall end at noon of the same date six years thereafter. The President
shall not be eligible for any reelection. No person who has succeeded as President and has served
as such for more than four years shall be qualified for election to the same office at any time.”
A2. Vice- President (Sections 3 and 4, Art. VII, 1987 Constitution)
Qualifications: Article VII, Section 3 – “There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with and in the same manner as the President. He
may be removed from office in the same manner as the President.’
Term of Office: Article VII, Section 4 (2nd paragraph) – “No Vice-President shall serve for more
than two (2) successive terms. Voluntary renunciation of the office for any length shall not be
considered as an interruption in the continuity of the service for the full term for which he was
elected.”
A.3. Senator (Sections 3 and 4, Art. VI, 1987 Constitution)
Qualifications: Article VI, Section 3 – “No person shall be a Senator unless he is a natural-born
citizen of the Philippines, and, on the day of the election, is at least thirty-five years (35) of age,
able to read and write, a registered voter, and a resident of the Philippines for not less than two
years immediately preceding the day of the election.”
Term of Office: Article VI, Section 4 – “The term of office of the Senators shall be six years and shall
commence, unless otherwise provided by law, at noon on the thirtieth day of June next following
their election.
No Senator shall serve for more than two (2) consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption in the continuity of his
service for the full term for which he was elected.
A.4. Congressional Representatives (Sections 6 and 7, Art. VI, 1987 Constitution)
Qualifications: Article VI, Section 6 – “No person shall be a Member of the House of Representatives
unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least
twenty-five (25) years of age, able to read and write, and except the party-list representatives, a
registered voter in the district in which he shall be elected, and a resident thereof for a period of
not less than one year immediately preceding the day of the election. “
Term of Office: Article VI, Section 7 – ‘The Members of the House of Representatives shall be
elected for a term of three (3) years which shall begin, unless otherwise provided by law, at noon
on the thirtieth day of June next following their election.
No Member of the House of Representatives shall serve for more than three (3) consecutive terms.
Voluntary renunciation of the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term for which he was elected.”
A.5. Qualifications of Party List Representatives
(1) Natural-born citizen of the Philippines
(2) Registered voter
(3) Resident of the Philippines for a period of not less than 1 year immediately preceding the day
of the election
(4) Able to read and write
(5) Bona fide member of the party or organization which he seeks to represent for at least 90 days
preceding the day of the election
(6) At least 25 years old on the day of the election

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 B. Local Elective Officials
B.1. Qualifications (Sec. 39, R.A. 7160)
“Sec. 39 – Qualifications. (a) An elective local official must be a citizen of the Philippines; a
registered voter in the barangay, municipality, city, province or, in the case of a member of the
sangguniang panlalawigan, sanggunian panlungsod, or sangguniang bayan, the district where he
intends to be elected; a resident therein for at least one (1) year immediately preceding the day of
the election; and able to read and write Filipino or any other local language or dialect; and able to
read and write Filipino or any other local language or dialect.
(b) Candidates for the position of mayor or vice-mayor of independent component cities,
component cities or municipalities must be at least twenty-one (21) years of age on election day.
(emphasis supplied)
B.2. Disqualifications (Sec. 40, R.A. 7160)
“Sec. 40 – Disqualifications. – The following persons are disqualified from running for any elective
local position:
Those sentenced by final judgment for an offense involving moral turpitude or 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;
Those removed from office as a result of an administrative case;
Those convicted by final judgment for violating the oath of allegiance to the Republic;
Those with dual citizenship;
Fugitives from justice in criminal or non-political cases here or abroad;
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
The insane or feeble-minded.”

C. PRE-ELECTION ACTIVITIES/CONTROVERSIES

C.1. Certificate of Candidacy (“CoC”)

• As to FORM
• Contents of the CoC
• Name/s
• Citizenship
• Residence and Length of Stay
• Registered Voter of the Place
• Other Items
• WHEN to file the CoC Deadline/s:
• Under OEC: Day before the start of the campaign period
• National – 90 days before election
• Local/Congressional – 45 days before elections
Under RA 9369/Automated Election System: Deadline fixed by COMELEC

C.2. Effects of Filing:

One becomes an official and legitimate CANDIDATE files his Certificate of Candidacy
Rules:
~Under OEC, Section 67: Whether Elected or Appointed – ipso facto resigned – except an elected
official runs for same office/reelection or runs for President or Vice President.

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 ~Under RA 9006: General repeal of Section 67 of the OEC & Section 11 rendered ineffective.
Hence, there is NO more ipso facto resignation for all elected officials.
~Under RA 9369 - Section 11 of Republic Act No. 8436 as amended by RA 9359: “A public
appointive office …shall be considered ipso facto resigned from his/her office and must vacate the
same at the start of the day of the filing of his/her certification of candidacy.”
Deny-due course/cancel Certificate of Candidacy
Under Section 78 of OEC & Section 23 of COMELEC RULES: Rule 23:
Sec. 1. Exclusive Ground – FALSE material representation in CoC.
Section 2. Period to File – within five (5) days from last day for filing of Certificate of Candidacy
C.3. Nuisance Candidates
Section 76, OEC and Rule 24, COMELEC RULES:
Classify nuisance candidates if -
a. Candidate makes a mockery of the election process; or he is person of disrepute
b. Two candidates bear similarity of NAMES to confuse the electorate
c. Person is not a BONAFIDE candidate

WHO can file complaint for disqualification: Candidate for the same elective position.
WHEN to file: within five (5) days from deadline/last day of filing Certificate of Candidacy

Case Assignments:
1. Jalosjos v. COMELEC, 698 SCRA 742 (2013)

2. Reynaldo S. Zapanta v. COMELEC, supra

3. Sevilla v. COMELEC, G.R. No. 227797, November 13, 2018
4. Aguilar v. Benlot, G.R. No. 232806, January 21, 2019
5. Halili v. COMELEC, G.R. No. 231643, January 15, 2019

D. SUBSTITUTIONS
Case Assignments:
1. Miranda v. Abaya, 311 SCRA 617 (1999)
2. Tagolino v. Commission on Elections, 693 SCRA 574 (2013)
3. Federico v. Commission on Elections, 689 SCRA 134 (2013)

E. CITIZENSHIP, DOMICILE AND REPATRIATION

Case Assignments:
1. Arnado v. Commission on Elections, 767 SCRA 168 (2015)

2. Poe v. COMELEC, G.R. No. 221697, March 8,2016 (Read only the main opinion and its
discussion on the issue of citizenship)

F. CAMPAIGNS
1. Premature Campaigning

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 Old Rule under OEC: Once one files – becomes a CANDIDATE, and he can no longer campaign until
the start of campaign period – otherwise PREMATURE campaigning.
Simple RULE: NO Certificate of Candidacy filed, NOT yet a candidate – NO premature campaigning
Under RA 9369: “Any person who files his certificate of candidacy within this period shall only be
considered as a candidate at the start of the campaign period for which he filed his certificate of
candidacy: Provided, that, unlawful acts or omissions applicable to a candidate shall take effect
only upon that start of the aforesaid campaign period.” [Panera v. COMELEC (2009)]
2. Prohibited campaigning days: It is unlawful for any person to engage in an election campaign or
partisan political activity on:
(1) Maundy Thursday
(2) Good Friday
(3) Eve of Election Day and
(4) Election Day [Sec. 3, COMELEC Resolution 8758]
3. Election campaign or partisan political activity: An act designed to promote the election or
defeat of a particular candidate or candidates to a public office. [Sec. 79, B.P. 881]
Activities construed as partisan political activity:
(1) Forming organizations or groups of persons
(2) Holding political caucuses, meetings, rallies or other similar assemblies
(3) Making speeches or commentaries
(4) Publishing or distributing campaign literature or materials for the purpose of soliciting votes
and/or undertaking any campaign or propaganda to support or oppose the election of any
candidate.
4. Acts which are deemed excluded:
(1) Acts performed for the purpose of enhancing the chances of aspirants for nomination for
candidacy to a public office by a political party, aggroupment, or coalition of parties.
(2) Public expressions of opinions or discussions of probable issues in a forthcoming election or on
attributes or criticisms of probable candidates proposed to be nominated in a forthcoming political
party convention. [Sec. 79, B.P. 881]
5. Persons Prohibited from Campaigning:
(1) Members of the board of election inspections [Sec. 173, B.P. 881]
(2) Civil service officers or employees [Art. IX-B, Sec. 2 (4), Const.]
(3) Members of the military [Art. XVI, Sec. 5 (3), Const.]
(4) Foreigners, whether juridical or natural persons.
6. Campaign Period: For President, Vice-President and Senators: 90 days before the day of the
election.
For Members of the House of Representatives and elective provincial, city and municipal officials:
45 days before the day of the election. [Sec. 5, R.A. 7166]

Case Assignment: Penera v. Commission on Elections, 599 SCRA 609 (2009), 605 SCRA 574 (2009)

(4) ELECTIONS, WINNERS, ELECTION CONTESTS AND SECOND PLACERS

Grounds to Declare Failure of Elections: (1) Election in any polling place has not been held on
the date fixed due to force majeure, violence, terrorism, fraud, or other analogous causes.
(2) Election in any polling place had been suspended before the hour fixed for the closing of the
voting due to force majeure, violence, terrorism, fraud, or other analogous causes.

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 (3) After the voting and during the preparation and transmission of the election returns or in the
custody or canvass thereof such election results in a failure to elect due to force majeure,
violence, terrorism, fraud or other analogous causes. [Sec. 6, B.P. 881]
COMELEC, sitting en banc, may declare a failure of election by a majority vote of its members
A. Canvass of Votes by Appropriate Board of Canvassers (“BOC”)
1. For Local Candidates including Congressional District Representatives: District or provincial
BOC or the city BOC;
2. For Senators and Party-List Representatives: COMELEC sitting as the National BOC; and
3. For the President and Vice President: Congress as the National BOC
B. Proclamation: Proclamation shall be done after the canvass of election returns. In the absence
of a perfected appeal to the COMELEC, the candidates who obtained the highest number of votes
cast in the province, city, municipality or barangay, on the basis of the certificates of canvass,
may be proclaimed by the concerned BOC.
Partial Proclamation: Notwithstanding pendency of any pre-proclamation controversy,
COMELEC may summarily order proclamation of other winning candidates whose election will
not be affected by the outcome of the controversy. [Sec. 21, R.A. 7166]
A proclamation is deemed void:
(1) When it is based on incomplete returns [Castromayor v. Comelec (1995)] or
(2) When there is yet no complete canvass. [Jamil v. Comelec (1997)]
(3) A void proclamation is no proclamation at all, and the proclaimed candidate’s assumption
into office cannot deprive the COMELEC of its power to annul the proclamation.
ELECTION RESULTING IN A TIE: BOC, by resolution, upon five (5) day- notice to all tied
candidates, shall hold a special public meeting at which the board shall proceed to the drawing
of lots of tied candidates and shall proclaim as elected the candidates who may be favored by
luck. [Sec. 240, B.P. 881]
PROCLAMATION OF A LONE CANDIDATE: Upon the expiration of the deadline for the filing of
Certificates of Candidacy in a Special Election Called To Fill A Vacancy in an elective position
other than for President and Vice President, when there is only one (1) qualified candidate, he
shall be proclaimed elected without holding the special election upon certification by the
COMELEC that it is the only candidate for the office and is therefore deemed elected. [Sec. 2, R.A.
8295, Law on Proclamation of Solo Candidates]
C. ELECTION PROTEST: This is a contest between the defeated and winning candidates on the
ground of fraud or irregularities in the casting of votes and counting of the ballots, or in the
preparation of the returns. It raises the question of who actually obtained the plurality of the
legal votes and therefore is entitled to hold the office.
An election contest consists of either:
(1) An election protest; or
(2) A quo warranto proceeding

D. Jurisdiction over Election Contests

(1) COMELEC – over all contests relating to the elections, returns and qualifications of all
elective regional, provincial and city officials [Sec. 250. BP 881]
(2) RTC - over contests involving municipal officials [Sec. 251. BP 881]
(3) MeTC or MTC – over election contests involving barangay officials [Sec. 252. BP 881]
(4) HRET – over election contests involving members of the House of Representatives
(5) SET – over election contests involving members of the Senate
(6) PET – over election contests involving presidential and vice-presidential candidates

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 Issues in Election Cases
ONLY THE FOLLOWING ISSUES MAY BE RAISED IN ALL ELECTION CASES: ELECTION, RETURNS
AND QUALIFICATIONS

1. Ongsiako- Reyes v. HRET, G.R, No. 221103, October 18, 2018

2. Velasco v. Speaker Belmonte, G.R. No. 211140, January 12, 2016
3. Martinez III v. House of Representatives Electoral Tribunal, 610 SCRA 53 (2010)
4. Tañada, Jr. v. House of Representatives Electoral Tribunal, 785 SCRA 314 (2016)
5. Maquiling v. Commission on Elections, 696 SCRA 420 (2013)   700 SCRA 367
(2013)
(5) ELECTION OFFENSES
Case Assignments:

1. People v. Randolph S. Ting, G.R. No. 221505, December 5, 2018

2. Velez v. People, G.R. No. 215136, August 28, 2019

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