Batch 2 Notes in Admin Law Succession by operation of law removes
the term from count. Thus, the term of
Term Limit
President and Vice-President
The President is not eligible for any
reelection and no person who succeeded as
president and served as such for more than
4 years is qualified to the same office at any
time.
No VP serves for more than 2 consecutive
terms.
Senator
No Senator serves for more than 2
consecutive terms.
Upon reaching the term limit, senator rests
for 3 years or 6 years qualify to run again.
Member of the House of Representatives
No member of the House of
Representatives serves for more than 3
consecutive terms.
Local Elective Officials
The 3-term limit applies also to Local
Elective Officials.
Service for more than 3 consecutive terms
disqualifies an elective local official to run
for 4th term.
It is both a constitutional and statutory
disqualification for election of local
officials.
It applies to Barangay Officials.
office of a vice-mayor who succeeded as
mayor after the latter does not count.
The highest-ranking municipal councilor
succeeded as a vice-mayor by operation of
law and thereafter ran again as municipal
councilor for a time ceased to be a councilor
which is an interruption that places him
outside the 3-term limit rule.
The same is true if he continued to hold
public office and did not become a private
citizen during the interim.
Voluntary renunciation
Voluntary renunciation of office for any
length of time does not interrupt continuity
of service for the full term for which he or
she was elected.
It means abandonment.
To renounce is to give up, abandon, decline
or resign.
Exception; Involuntary [PIF]
Even if the renunciation is involuntary, like
preventive suspension, extended illness
and force majeure, it does not interrupt the
continuity of service for the full term
because title to office is not lost.
In preventive suspension, there is no loss
of title to office, there is only temporary
cessation of exercise of authority.
Mayor who on his first term was twice
penalized with suspension for misconduct
may still run for 3 or more consecutive
terms because the 1st term was interrupted
by suspension as a penalty.
Disqualification, when it Interrupts Term
If disqualification became final and the
official is unseated prior to end of term, it
interrupts continuity of service of term.
Final and executive disqualification that
forced a mayor to vacate his position
amounts to involuntary severance from
office in compliance with writ of execution
issued against him.
Disqualification, when it does not Interrupt
Term
If the disqualification became final after
the term ended, it does not affect the
continuity of service as there is no more
term to interrupt.
Official who lost to an election protest with
finality after the term ended, does not
affect continuity of service.
Disqualification due to Term Limit,
Requisites
1. Election for 3 consecutive terms for
the same position.
2. Full service for 3 consecutive terms
for the same position.
In the first requisite, the official is
disqualified because he was elected but not
proclaimed and did not serve as such.
In the second requisite, he is no disqualified
because the opponent who was proclaimed
winner served as such for 2 years. Thus, he
did not serve as mayor for the full term.
Recall Election, Effects
Any gap between the date term ends and
the date of election interrupts the
continuity of service. Subsequent election
does not.
Mayor who lost the elections but won the
recall elections on his supposed 3rd term
was not elected for 3 consecutive terms
because defeat in election for the 3rd term
interrupts the continuity of service.
Once the 3-term attaches, immediate
reelection to 4th term is proscribed.
Any gap between the date of the 3rd term
ends and the date of election for 4th term
interrupts the continuity of service.
A mayor who was elected and fully served
for 3 consecutive terms but did not run on
the 4th time in the regular elections but ran
in the recall election and won again
interrupts continuity of service because
what is prohibited is the immediate
reelection for a 4th term on the next regular
election for the same office after 3
consecutive terms and the intervening
period interrupts continuity of service.
Conversion of Municipality into City Effects
Conversion of a municipality into a city does
not interrupt term of office because it
involves the same territory and
constituency.
Conversion of municipality into a city does
not convert office of the Municipal Mayor
into a local government post different from
a city mayor, the territorial jurisdiction and
constituency having remained the same.
Involuntary Loss of Title
Rest period or break in service must be
completely that the official steps down and
ceases to exercise power for there to be an
interruption in the continuity of service.
Term interruption involves involuntary loss
of title to office.
Preventive suspension does not interrupt
continuity of service because the suspended
official retains title to office. The rule does
not apply to suspension only.
Voluntary renunciation refers to voluntary
relinquishment of and loss of title to office.
Disqualifications under the Omnibus
Election Code
Any person declared by competent
authority as: [IISM]
1. Insane or
2. Incompetent or
3. Sentenced by final judgment for
subversion, insurrection, rebellion or
for any offense for which he was
sentenced to a penalty of more than
18 months or
4. for a crime involving Moral
turpitude.
Disqualification, When Removed
Those, sentenced by final judgment may still
quality if given plenary pardon or granted
amnesty.
The disqualification is deemed removed
upon declaration by a competent authority
that the insanity, incompetence had been
removed or after the expiration of a period
of 5 years from his service of sentence.
A candidate guilty of misrepresentation is
disqualified from running.
False Material Representation [CAR-LV]
It involves the qualifications to hold public
office like citizenship, age, residence,
voter’s registration and literacy.
It does not include mistakes like use by a
woman of surname of her husband who is
previously married to another, making their
marriage bigamous and void.
The misrepresentation must not only be
material, it must also be deliberate and
willful.
If there is doubt as to whether there is
misrepresentation the doubt must be
resolved in favor of the candidate.
Eligible
It means having the right to run for elective
public office, that is, having all the
qualifications and none of the
disqualifications.
The candidate is still disqualified even if he
did not deliberately and willfully
misrepresent himself is his certificate of
candidacy is void from the beginning.
If the candidate was elected and served for
3 consecutive terms as municipal mayor and
filed a COC for city mayor after the
municipality was converted into a city on his
third term, the cancellation is for violation
of the 3-term limit rule and not for false
material representation.
If the candidate knows fully well that he had
been elected and had served as mayor for
more than 3 consecutive terms, yet he still
certified that he is eligible to run, it
constitutes as false material
misrepresentation.
A person convicted with finality for
falsification penalized by prison mayor
accessorized with perpetual special
disqualification is deprived of suffrage or to
be elected to or hold public office
perpetually.
Disqualifying Acts, Enumerated
Any candidate who is declared by final
decision of a competent court guilty of:
[GTSC-SVR-NF]
1. Giving money or other material
consideration to influence, induce
or corrupt voters or public officials
performing electoral functions is
disqualified by the Commission on
Elections.
2. Committing acts of terrorism to
enhance his candidacy.
3. Spent in election campaign in
excess of allowable amount.
4. Making any prohibited contribution
like giving free food, drinks and
transportation.
5. Making any prohibited solicitation
and receipt of contribution from
public or private financial
institutions.
6. Violating other provisions of the
Omnibus Election Code, such as
campaigning outside the campaign
period, removal, destruction,
obliteration, or defacement or
tampering with the distribution of
lawful election propaganda.
7. Permanent resident or immigrant to
a foreign country unless the said
person waives it in accordance with
the residence requirement.
8. Nuisance candidate
9. Commission of false material
representation.
Disqualifications under the LGC [MRV-DFPI]
1. 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 service of sentence.
a. If the candidate was
convicted by final judgment
for statutory rape and acts of
lasciviousness that carry an
accessory penalty of
perpetual special
disqualification, he is
disqualified from running for
public office despite the
lapse of 2 years of service.
2. Removed from office as a result of
an administrative case.
3. Convicted by final judgment for
violating oath of allegiance to the
Republic.
4. Dual citizenship.
5. Fugitive from justice
6. Permanent resident in a foreign
country
7. Insane or feeble-minded.
Disqualifications under the Lone Candidate
Law [CBTHI-IVIP-D]
Any elective official who resigned from his
office by accepting an appointive office or
which he previously occupied but has
caused to become vacant due to his
resignation; and

Any person who coerces, bribes, threatens,
harasses, intimidates or actually causes,
inflicts or produces any violence, injury,
punishment, torture, damage, loss, or
disadvantage to any person or persons
aspiring to become a candidate or that of
the immediate member of his or her
family, honor or property that is meant to
eliminate all other potential candidate.
Disqualifications under the RPC
A person convicted by final judgment for an
offense punished with accessory penalties
or perpetual or temporary absolute
disqualification for public office which
deprives the right to vote in any election for
any elective office or to be elected to such
office.
Effect of Perpetual or temporary special
disqualification
It bars the person convicted the right to
vote and to be elected to public office.
Perpetual special disqualification attached
when the judgment becomes final.
Disqualification under the Sangguniang
Kabtaan Reform Act.
1. One who is related within the
second civil degree of consanguinity
or affinity to any incumbent elected
official.
2. One who is convicted by final
judgment of any crime involving
moral turpitude.
Qualifications of appointive officers
It is made only in accordance to merit and
fitness to be determined by competitive
examination, except when it is for: (1)
policy-determining; (2) primarily
confidential; (3) highly technical.
Formal qualifications [ANSO]
1. Age
2. Number of units in a certain course
3. Seminars attended
4. Others valuable but are intangibles.
Qualification standards [ETE-CPO]
The basic requirements for government
positions in terms of education, training,
experience, civil service eligibility, physical
fitness and other qualities required for
successful performance of duties of the
position.
Career service positions, qualifications
Must meet the education, training,
experience, eligibility and competency
requirements prescribed in the
Qualification Standards manual or CSC-
approved agency qualification standards for
their positions at the time of issuance of
appointment.
Noncareer service positions, qualifications
Must meet education, training and
experience requirements of positions as
proposed by the respective agency heads
and approved by the CSC.
Exception [CCC-P]
1. Casual
2. Contractual
3. Coterminous positions.
4. Primarily confidential and personal
staff
Exception to Exception
1. Those involved in the practice of
profession regulated by the
Bar/Board.
Education, defined
Refers to formal or nonformal academic,
technical or vocational studies that enable
candidates to perform duties and
responsibilities indicated in the position
description form of the position to be filled.
Exception
Eligibles are exempt from master’s degree
requirement for division chief and
executive or managerial positions provided
that their duties and responsibilities involve
practice of profession or belong to the
same occupational group or functionally
related positions as that of the professions
regulated by the Bar or Board laws.
Exception to exception
Master’s degree is required if the executive
or managerial or division chief does not
involve practice of profession or does not
belong to the occupational group or
functionally related positions as that of the
professions regulated by the Bar or Board
laws.
Foreign education, when allowed
Certification issued by CHED that a degree
obtained from foreign schools is equivalent
to a bachelor’s or master’s degree is valid
document to meet the education
requirement.
Experience defined.
Refers to previous jobs in either the
government or private sector, which are
functionally related to the duties in the
position description form of the position to
be filled.
Training, defined.
Refers to formal or nonformal training
courses and HRD interventions such as
coaching, mentoring, job rotation,
seminars in the master list issued by the
DILG office.
BNS Eligibility
Granted to barangay-based volunteer
worker responsible for delivering nutrition
services and other related activities.
Honor Graduate Eligibility HGE
Students how finish their 4-year or longer
courses from schools of good standing with
at least cum laude honors are conferred
1. Second grade civil service eligibility
for those who occupy positions
requiring application of knowledge
and skill outside their field of study,
or
2. First grade civil service eligibility for
those who occupy positions within
their respective fields of study.
Qualifications
The grantee must have graduated as summa
cum laude, manga cum laude, or cum laude
in their Bachelor’s Degree.
Foreign School Honor Graduate Eligibility
It is appropriate for positions in the
government which do not involve of
practice of profession and not covered by
bar, or board.
Qualifications [FS-GN-H]
Barangay Official Eligibility (BOE)
It is granted to punong barangay, regular
sangguniang barangay members, SK chairs
barangay treasurer and barangay secretary
appointed by the punong barangay.

1. Filipino Citizen Qualifications

2. Summa, Magna or Cum Laude 1. Grantee must have completed a
3. Graduate of a reputable school term of office specific by prevailing
4. Not guilty or crime involving moral law for elective barangay officials,
turpitude 2. Name is included in the master list
5. Have not been dismissed from a issued by the DILG
government service for cause. 3. Not employed in and did not receive
any form of salary from the
Veteran Preference Rating (VPR) Eligibility government during the service
requirement.
It is granted to Philippine Veterans Affairs
Office certified World War II veteran or his
spouse or any of his children who failed or
lacks not more than 10 points in the Career
Service Professional or CS sub-professional,
Fire Officer, or Penology Officer
Examinations.

Scientific and Technological Specialist (STS)

Eligibility

Granted to a person who has bachelor’s

degree with major in any field of applied
science, biology, physics, engineering and
applied mathematics, including statistics.

Qualifications

1. 3 years of research or teaching

experience in pertinent field; or
2. Graduate degree; or
3. Completion of a patented invention;
or
4. Earned a masters degree or a
doctorate degree in any field of
study recognized by CHED.