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									ADMINISTRATIVE LAW                           3. Promulgated in accordance with the
    - Branch of public law that fixes the       prescribed procedure:
organization of the government and              a. notice and hearing – generally,
determines competence of authorities                not required; only when:
who execute the law and indicates to                i. the legislature itself requires
the individual remedies for the violations               it and mandates that the
of his rights.                                           regulation shall be based on
                                                         certain facts as determined
I.    ADMINISTRATIVE       BODIES      OR                at       an       appropriate
     AGENCIES                                            investigation;
                                                    ii. the      regulation     is    a
    - A body, other than the courts and                  settlement of a controversy
the legislature, endowed with quasi-                     between specific parties;
legislative and quasi-judicial powers for                considered        as        an
the purpose of enabling it to carry out                  administrative adjudication
laws entrusted to it for enforcement or                  (Cruz,              Philippine
execution.                                               Administrative Law, p.42 -
                                                         43); or
How Created:                                        iii. the administrative rule is in
   1. by constitutional provision;                       the nature of subordinate
   2. by legislative enactment; and                      legislation    designed     to
   3. by authority of law.                               implement      a    law     by
                                                         providing its details (CIR v.
II. POWERS OF ADMINISTRATIVE                             Court of Appeals, 261 SCRA
    BODIES:                                              236).
   1. Quasi-legislative or rule-making          b. publication
      power;                                 4. Reasonable
   2. Quasi-judicial   or  adjudicatory
      power; and                             Requisites for Validity of
   3. Determinative powers.                  Administrative Rules With Penal
                                             Sanctions:
A. QUASI-LEGISLATIVE OR RULE-                1. law itself must declare as punishable
     MAKING POWER                               the violation of administrative rule
 In exercise of delegated legislative          or regulation;
    power, involving no discretion as to     2. law should define or fix penalty
    what law shall be, but merely               therefor; and
    authority to fix details in execution    3. rule/regulation must be published.
    or enforcement of a policy set out in
    law itself.                              Doctrine of Subordinate Legislation –
Kinds:                                       power of administrative agency to
    1. Legislative regulation                promulgate rules and regulations on
        a. Supplementary or detailed         matters of their own specialization.
            legislation, e.g. Rules and
            Regulations     Implementing     Doctrine of Legislative Approval by Re-
            the Labor Code;                  enactment - the rules and regulations
        b. Contingent regulation             promulgated       by      the       proper
    2. Interpretative legislation, e.g.      administrative agency implementing the
        BIR Circulars                        law are deemed confirmed and approved
                                             by the Legislature when said law was re-
Requisites for valid exercise:               enacted by later legislation or through
1. Issued under authority of law;            codification. The Legislature is presumed
                                             to have full knowledge of the contents of
                                             the regulations then at the time of re-
2. Within the scope and purview of the       enactment.
   law;
        QUASI-                  QUASI-             accept view of subordinate in
     LEGISLATIVE               JUDICIAL            arriving at a decision; and
     FUNCTIONS                FUNCTIONS         7. decision must be rendered in such a
                                                   manner that parties to controversy
1.   consists of         1.   refers to its        can know various issues involved and
     issuance of rules        end product          reason for decision rendered.(Ang
     and regulations          called order,        Tibay vs CIR, 69 Phil 635)
                              reward or
                              decision          Substantial  Evidence    –  relevant
                                                evidence as a reasonable mind might
2.   general             2. applies to a        accept as adequate to support a
     applicability          specific            conclusion.
                            situation
                                                Administrative Determinations Where
3. prospective; it       3.   present
   envisages the              determination
                                                Notice and Hearing Not Necessary:
   promulgation of            of rights,        1. summary proceedings of distraint
   a rule or                  privileges or         and levy upon property of delinquent
   regulation                 duties as of          taxpayer;
   generally                  previous or       2. grant of provisional authority for
   applicable in the          present time or       increase of rates, or to engage in
   future                     occurrence            particular line of business;
                                                3. cancellation of passport where no
                                                    abuse of discretion is committed;
                                                4. summary abatement of nuisance per
B. QUASI-JUDICIAL OR ADJUDICATORY                   se which affects safety of persons or
POWER                                               property;
    Proceedings partake of nature of           5. preventive suspension of officer or
      judicial            proceedings.              employee pending investigation; and
      Administrative body granted               6. grant or revocation of licenses for
      authority to promulgate its own               permits      to     operate   certain
      rules of procedure.                           businesses affecting public order or
                                                    morals.
Two necessary conditions:
   1. due process; and                          Administrative Appeal or Review
   2. jurisdiction                              1. Where provided by law, appeal from
                                                   administrative determination may be
Includes the following powers:                     made     to   higher    or    superior
       1. Prescribe rules of procedure             administrative officer or body.
       2. Subpoena power                        2. By virtue of power of control of
       3. Contempt Power                           President, President himself or
                                                   through Department Head may
Administrative Due Process:                        affirm, modify, alter, or reverse
   1. right to a hearing;                          administrative       decision       of
   2. tribunal must consider evidence              subordinate.
       presented;                               3. Appellate administrative agency may
   3. decision must have something to              conduct     additional   hearing    in
       support itself;                             appealed case, if deemed necessary.
   4. evidence must be substantial;
5. decision must be based on evidence           Res judicata effect of Administritve
   adduced at hearing or at least               Decisions
   contained in the record and                  - has the force and binding effect of a
   disclosed to parties;                        final judgment (note: applies only to
6. board of judges must act on its              judicial and quasi judicial proceedings
   independent consideration of facts           not to exercise of administrative
   and law of the case, and not simply          functions, Brillantes vs. Castro 99 Phil.
                                                497)
C. DETERMINATIVE POWERS                        Effect     of     Failure     to     Exhaust
1. enabling – permit the doing of an act       Administrative Remedies: as a general
    which      the law undertakes to           rule, jurisdiction of the court is not
    regulate;                                  affected but the complaint is vulnerable
2. directing – order the doing or              to dismissal due to lack of cause of
    performance of particular acts to          action.
    ensure compliance with the law and         Exceptions to the Doctrine:
    are often exercised for corrective         1. doctrine of qualified political agency
    purposes                                       (when      the    respondent       is  a
3. dispensing – to relax the general               department secretary whose acts as
    operation of a law or to exempt from           an alter ego of the President bears
    general prohibition, or relieve an             the implied and assumed approval of
    individual or a corporation from an            the latter); except where law
    affirmative duty;                              expressly provides exhaustion;
4. examining - also called investigatory       2. administrative remedy is fruitless;
    power;                                     3. where there is estoppel on part of
5. summary       –   power     to  apply           administrative agency;
    compulsion or force against persons        4. issue involved is purely legal;
    or property to effectuate a legal          5. administrative action is patently
    purpose without judicial warrants to           illegal, amounting to lack or excess
    authorize such actions.                        of jurisdiction;
                                               6. where there is unreasonable delay or
III. EXHAUSTION OF                                 official inaction;
     ADMINISTRATIVE REMEDIES                   7. where there is irreparable injury or
       Whenever there is an available             threat thereof, unless judicial
          administrative remedy provided           recourse is immediately made;
          by law, no judicial recourse can     8. in land case, subject matter is
          be made until all such remedies          private land;
          have been availed of and             9. where law does not make exhaustion
          exhausted.                               a condition precedent to judicial
1. Doctrine of Prior Resort or                     recourse;
      (Doctrine of Primary Administrative      10. where observance of the doctrine
      Jurisdiction) – where there is               will result in nullification of claim;
      competence or jurisdiction vested        11. where there are special reasons or
      upon administrative body to act              circumstances demanding immediate
      upon a matter, no resort to courts           court action; and
      may     be     made     before    such   12. when due process of law is clearly
      administrative body shall have acted         violated.
      upon the matter.
1. Doctrine          of      Finality     of   IV. JUDICIAL REVIEW OF
      Administrative Action – no resort to         ADMINISTRATIVE DECISIONS
      courts will be allowed unless            When made:
      administrative action has been             1. to determine constitutionality or
      completed and there is nothing left            validity of any treaty, law,
      to be done in administrative                   ordinance, executive order, or
      structure.                                     regulation;
2. Judicial Relief from Threatened               2. to determine jurisdiction of any
      Administrative Action – courts will            administrative board, commission
      not render a decree in advance of              or officer;
      administrative action and thereby          3. to determine any other questions
      render such action nugatory. It is not         of law; and
      for   the     court   to    stop    an     4. to determine questions of facts
      administrative      officer      from          when necessary to determine
      performing his statutory duty for              either:
      fear he will perform it wrongly.
     a. constitutional or jurisdictional    1. factual findings not supported by
        issue;                                 evidence;
     b. commission     of    abuse     of   2. findings are vitiated by fraud,
        authority; and                         imposition or collusion;
     c. when     administrative     fact    3. procedure which led to factual
        finding    body     is    unduly       findings is irregular;
        restricted by an error of law.      4. palpable errors are committed; and
                                            5. grave      abuse       of discretion,
Modes of review:                               arbitrariness or capriciousness is
1. Statutory;                                  manifest.
2. Non-statutory – inherent power of
   the court to            review such            Brandeis        Doctrine        of
   proceedings upon questions of                   Assimilation of Facts – one
   jurisdiction and questions of law;              purports to be finding of fact but
3. Direct proceeding;                              is   so   involved     with    and
4. Collateral attack.                              dependent upon a question of
                                                   latter,courts will review the
General Rule: Findings of facts of                 entire case including the latter.
Administrative Agencies accorded great             law as to be in substance and
weight by the Courts.                              effect a decision on the .
Exceptions to the Rule:
           San Beda College of Law                                                                                           5
                                                                                                MEMORY AID IN POLITICAL LAW



                                       LAW ON PUBLIC OFFICERS

I.PUBLIC OFFICE                                                          Eligibility and qualification:
  - right, authority and duty created                                    two senses:
    and conferred by law, by which for a                                     1. may refer to endowments,
    given period, either fixed by law or                                          qualities or attributes which
    enduring at pleasure of creating                                              make an individual eligible for
    power, and individual is vested with                                          public office;
    some     sovereign    functions   of                                     2. may refer to the act of entering
    government to be exercised by him                                             into performance of functions of
    for     the    benefit     of    the                                          public office.
    public.(Fernandez vs Sto Tomas, 234
    SCRA 546)                                                            Authority to prescribe qualification:
                                                                         1. when prescribed by Constitution,
Elements of Public Office: (LSDIP)                                          ordinarily exclusive, the legislature
1. created by law or ordinance                                              may not increase or reduce
   authorized by law;                                                       qualifications       except      when
2. possess sovereign functions of                                           Constitution       itself     provides
   government to be exercised for                                           otherwise as when only minimum or
   public interests;                                                        no qualifications are prescribed( ex:
3. functions defined expressly or                                           Art XIII Sec 17 (2), Art VIII Sec 7 (2)
   impliedly by law;                                                        Consti) ;
4. functions exercised by an officer                                     2. when office created by statute,
   directly under control of law, not                                       Congress has generally plenary
   under that of a superior officer                                         power to prescribe qualification but
   unless they are functioned conferred                                     such must be:
   by law upon inferior officers, who by                                    a. germane to purpose of office;
   law, are under control of a superior;                                         and
   (duties performed independently)                                         b. not too specific so as to refer to
   and                                                                           only one individual.
5. with permanency or continuity, not
   temporary or occasional.                                              III. DE FACTO OFFICERS
                                                                           - one who has reputation of being an
Characteristics:                                                              officer that he assumes to be, and
-Public office is a public trust.                                             yet is not an officer in point of law.
-Public office is not property and is
outside the commerce of man. It cannot                                     - a person is a de facto officer where
be subject of a contract. (Cruz, Law on                                      the duties of the office are exercised
Public Officers, p.5)                                                        under    any    of    the    following
                                                                             circumstances:
II. PUBLIC OFFICERS                                                          1. Without a known appointment or
  - individuals vested with public office                                        election,    but    under     such
                                                                                 circumstances of reputation or
Classification of Public Officers:                                               acquiescence as were calculated
1. Executive, legislative and judicial                                           to induce people, without
    officers;                                                                    inquiry, to submit to or invoke
2. Discretionary or ministerial officers;                                        his action, supposing him to the
3. Civil or military officers;                                                   be the officer he assumed to be;
4. Officers de jure or de facto; and                                             or
5. National, provincial or municipal                                         2. Under color of a known and valid
    officials                                                                    appointment or election, but
                                                                                 where the officer has failed to
                                                                                 conform to some precedent




POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           6
                                                                                                MEMORY AID IN POLITICAL LAW



        requirement or condition (e.g.,                                                                         technically
        taking an oath or giving a bond);                                                                       qualified in all
     3. Under color of a known election                                                                         points of law to
        or appointment, void because:                                                                           act
        a. the officer was not eligible;
                                                                         3.     cannot be                 3.    may be ousted in
                                                                                removed in a                    a          direct
        b. there was a want of power in                                         direct                          proceeding
            the electing or appointing                                          proceeding                      against him.
            body;
        c. there was a defect or
            irregularity in its exercise;                                       DE FACTO                         INTRUDER
            such ineligibility, want of                                          OFFICER
            power, or defect being
            unknown to the public.                                       1.    officer   under            1.    one who takes
     4. Under color of an election or an                                       any of the 4                     possession of an
        appointment by or pursuant to a                                        circumstances                    office        and
        public, unconstitutional law,                                          mentioned                        undertakes      to
        before the same is adjudged to                                                                          act     officially
        be such.                                                                                                without       any
                                                                                                                authority, either
                                                                                                                actual          or
Note: Here, what is unconstitutional is                                                                         apparent
not the act creating the office, but the
act by which the officer is appointed to
an office legally existing. (Norton v.                                   2.     has color of              2.    has        neither
County of Shelby)                                                               right or title to               lawful title nor
                                                                                office                          color of right or
Requisites:                                                                                                     title to office
1. valid existing office;
2. actual physical possession of said
                                                                         3.     acts are valid as         3.    acts            are
   office;
                                                                                to the public                   absolutely void
3. color of title to office;                                                    until such time                 and      can     be
4. by reputation or acquiescence;                                               as his title to                 impeached         in
5. known or valid appointment or                                                the office is                   any proceeding
   election but officer failed to                                               adjudged                        at     any    time
   conform with legal requirements;                                             insufficient                    unless and until
6. known appointment or election but                                                                            he continues to
   void because of ineligibility of                                                                             act for so long a
   officer or want of authority of                                                                              time as to afford
                                                                                                                a presumption of
   appointing or electing authority or                                                                          his right to act
   irregularity in appointment or
   election not known to public; and                                     4.     entitled to               4.    not entitled to
7. known appointment or election                                                compensation                    compensation
   pursuant to unconstitutional law                                             for services
   before           declaration      of                                         rendered
   unconstitutionality.

        DE JURE                        DE FACTO                          Legal Effects of Acts
        OFFICER                         OFFICER                           - valid insofar as they affect the
                                                                             public
1.    rests      on     the     1.    on reputation                      Entitlement to Salaries
      right                                                              General Rule: rightful incumbent may
                                                                             recover from de facto officer salary
2.    has lawful or             2.    has   possession                       received by latter during time of
      title  to  the                  and     performs
                                                                             wrongful tenure even though latter
      office                          the duties under
                                      color of right                         is in good faith and under color of
                                      without    being                       title.(Monroy v. CA, 20 SCRA 620)


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
            San Beda College of Law                                                                                           7
                                                                                                 MEMORY AID IN POLITICAL LAW



 Exception: when there is no de jure                                               appropriate examination but
      public officer, de facto officer                                             who     otherwise     meets    the
      entitled to salaries for period when                                         requirements for appointment to
      he         actually        discharged                                        a regular position in the
      functions.(Civil Liberties Union v.                                          competitive service, whenever a
      Exec. Sec., 194 SCRA 317)                                                    vacancy occurs and the filling
Challenge to a De Facto Officer: must be                                           thereof is necessary in the
 in a direct proceeding where the title                                            interest of the service and there
 will be the principal issue                                                       is no appropriate register of
                                                                                   those who are eligible at the
 IV.  COMMENCEMENT                      OF      OFFICIAL                           time of appointment;
     RELATIONS:                                                                 4. Regular – made by President
 1. by appointment; or                                                             while Congress is in session and
 2. by election                                                                    becomes        effective     after
                                                                                   nomination is confirmed by the
 Appointment – selection, by authority                                             Commission on Appointments
 vested with power, of individual who is                                           and continues until the end of
 to perform functions of a given office.                                           term; and
      Essentially a discretionary power                                        5. Ad-interim –
         and must be performed by the                                              a. Recess      --   made     while
         officer in which it is vested                                                 Congress is not in session,
         according to his best lights, the                                             before     confirmation,     is
         only condition being that the                                                 immediately effective, and
         appointee should possess the                                                  ceases to be valid if
         minimum              qualification                                            disapproved or bypassed by
         requirements prescribed by law                                                CA upon next adjournment
         for the position (Nachura,                                                    of Congress;
         Reviewer in Political Law, p.                                             b. Midnight – made by the
         305)                                                                          President before his term
                                                                                       expires, whether or not this
 Commission – written evidence of                                                      is    confirmed      by    the
 appointment.                                                                          Commission                  on
                                                                                       Appointments.
 Designation     –    imposition    of
 additional duties, usually by law, on
 a person already in public office.                                       Regular                          Ad     interim
                                                                          appointment                      appointment
       Classification of Appointments:                                    Made during the                  Made during the
       1. Permanent – extended to person                                  legislative                      recess
                                                                          session
           possessing               requisite
                                                                            Made only after                 Made     before
           qualification for the position and                             the nomination                   such
           thus enjoys security of tenure;                                is confirmed by                  confirmation
       2. Temporary            –        acting                            the Commission
           appointment, given to a non-civil                              on Appointments
           service eligible is without a                                  (CA)
           definite tenure and is dependent                               Once confirmed                   Shall cease to be
           upon the pleasure of the                                       by      the    CA                valid           if
           appointing power;                                              continues until t                disapproved by
       3. Provisional- is one which may                                   he end of the                    the CA or upon
                                                                          term      of  the                the          next
           be      issued      upon      prior
                                                                          appointee                        adjournment
           authorization         of        the
           Commissioner of Civil service in
                                                                          Nepotism – all appointments in the
           accordance with the provisions
                                                                          national,  provincial,  city   and
           of the Civil Service Law and the
                                                                          municipal governments or in any
           rule and standards to a person
                                                                          branch or instrumentality thereof,
           who has no t qualified in an


 POLITICAL LAW COMMITTEE
 CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
 Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
 Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
 Joy Zabala
           San Beda College of Law                                                                                           8
                                                                                                MEMORY AID IN POLITICAL LAW



including GOCC, made in favor of a                                       Exceptions:
relative of the (1) appointing or (2)                                    1. statutory liability under the Civil
recommending authority or of the (3)                                        Code (Arts. 27, 32 and 34);
chief of the bureau or office or of                                      2. When there is a clear showing of bad
the (4) persons exercising immediate                                        faith,     malice     or    negligence
supervision over him. A relative is                                         (Administrative Code of 1987);
one within the 3rd degree either of                                      3. liability on contracts; and
consanguinity or affinity                                                4. liability on tort .

Vacancy – when an office is empty                                        Threefold Liability Rule – wrongful
and without a legally qualified                                          acts or omissions of public officers
incumbent appointed or elected to it                                     may give rise to civil, criminal, and
with a lawful right to exercise its                                      administrative     liability.    (CAC
powers and performs its duties.                                          liability rule)

      Classifications of vacancy:                                        Liability of Ministerial Officers:
      1. original – when an office is                                    1. Nonfeasance – neglect or refusal to
          created and no one has been                                        perform an act which is officer’s
          appointed to fill it;                                              legal obligation to perform;
      2. constructive – when the                                         2. Misfeasance – failure to use that
          incumbent has no legal right                                       degree of care, skill and diligence
          or claim to continue in office                                     required in the performance of
          and can be legally replaced                                        official duty; and
          by another functionary;                                        3. Malfeasance – doing, through
      3. accidental – when the                                               ignorance, inattention or malice, of
          incumbent      having    died,                                     an act which he had no legal right to
          resigned, or been removed;                                         perform.
      4. absolute – when the term of
          an incumbent having expired                                    Doctrine of Command Responsibility
          and the latter not having                                       A superior officer is liable for acts of
          held over, no successor is in                                     a subordinate when: (ERCAL)
          being who is legally qualified                                 1. he negligently or willfully employs or
          to assume the office.                                             retains    unfit   or     incompetent
                                                                            subordinates;
V. POWERS AND DUTIES OF A                                                2. he negligently or willfully fails to
   PUBLIC OFFICER:                                                          require subordinate to conform to
1. Ministerial – discharge is imperative                                    prescribed regulations;
    and requires neither judgment nor                                    3. he negligently or carelessly oversees
    discretion, mandamus will lie; and                                      business of office as to furnish
2. Discretionary – imposed by law                                           subordinate an opportunity for
    wherein officer has right to decide                                     default;
    how and when duty shall be                                           4. he directed or authorized or
    performed, mandamus will not lie.                                       cooperated in the wrong; or
                                                                         5. law expressly makes him liable.
II.        LIABILITY OF PUBLIC OFFICER
                                                                              Under the Revised Admin. Code of
General Rule: not liable for injuries                                          1987, A Superior Officer shall be
sustained by another as a consequence                                          liable for acts of subordinate officers
of official acts done within the scope of                                      only if he has actually authorized be
his authority, except as otherwise                                             written order the specific act or
provided by law.                                                               misconduct complained.
   A Public Officer shall not be civilly                                     Subordinate officers are also liable
      liable for acts done in the                                              for willful or negligent acts even if
      performance of his duties                                                he acted under orders if such acts




POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           9
                                                                                                MEMORY AID IN POLITICAL LAW



     are contrary to law, morals, public                                       d. grounds – if the charge against
     policy and good customs                                                      such     officer   or     employee
                                                                                  involves:
Preventive Suspension                                                             i. dishonesty;
        - a precautionary measure so                                              ii. oppression        or     grave
that an employee who is formally                                                  misconduct;
charged of an offense may be separated                                            iii. neglect in the performance
from the scene of his alleged                                                          of duty; or
misfeasance while the same is being                                               iv. if there are reasons to
investigated (Bautista v. Peralta, 18                                                  believe that respondent is
SCRA 223)                                                                              guilty of the charges which
                                                                                       would warrant his removal
    - need not be preceded by prior                                                    from the service
notice and hearing since it is not a                                           e. duration – the administrative
penalty but only a preliminary step in an                                         investigation must be terminated
administrative investigation (Lastimosa                                           within 90 days; otherwise, the
v. Vasquez, 243 SCRA 497)                                                         respondent          shall       be
                                                                                  automatically reinstated unless
    - the period of preventive suspension                                         the delay in the disposition of
cannot be deducted from whatever                                                  the case is due to the fault,
penalty may be imposed upon the erring                                            negligence or petition of the
officer (CSC Resolution No. 90-1066)                                              respondent, in which case the
                                                                                  period of delay shall not be
                                                                                  counted in computing the period
    PENDING                          PENDING                                      of suspension.
 INVESTIGATION                        APPEAL
[Sec.51, E.O.292]                 [Sec.27(4), E.O.                       A Presidential Appointee:
                                        292]                                 a. can only be investigated and
                                                                                 removed from office after due
1. not a penalty                1. Punitive in                                   notice and hearing by the
     but only a means                 character                                  President of the Philippines
     of enabling the                                                             under the principle that “the
     disciplinary                                                                power to remove is inherent in
     authority to
                                                                                 the power to appoint” as can be
     conduct an
     unhampered
                                                                                 implied from Sec. 5, R.A.2260
     investigation.                                                              (Villaluz v. Zaldivar, 15 SCRA
                                                                                 710).
2. no compensation              2. If exonerated,                            b. the Presidential Commission
     due for the                      he should be                               Against Graft and Corruption
     period of                        reinstated with                            (PCAGC) shall have the power to
     suspension even                  full pay for the                           investigate         administrative
     if found innocent                period of                                  complaints against presidential
     of the charges.                  suspension.                                appointees in the executive
                                                                                 department of the government,
Rules on Preventive Suspension:                                                  including GOCCs charged with
                                                                                 graft and corruption involving
1. Appointive Officials                                                          one or a combination of the
Not a Presidential Appointee (Secs. 41-                                          following criteria:
   42, P.D. 807):                                                                i. presidential appointees with
   a. by     whom     –    the   proper                                               the rank equivalent to or
       disciplining    authority   may                                                higher than an Assistant
       preventively suspend;                                                          Regional Director;
   b. against whom – any subordinate                                             ii. amount involved is at least
       officer or employee under such                                                 P10M;
       authority;
   c. when – pending an investigation;


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           10
                                                                                                MEMORY AID IN POLITICAL LAW



       iii. those     which       threaten                                     - R.A. 3019 makes it mandatory for
            grievous harm or injury to                                           the Sandiganbayan to suspend, for
            the national interest; and                                           a maximum period of 90 days
       iv. those which may be assigned                                           unless the case is decided within a
            to it by the President (E.O.                                         shorter period, any public officer
            No. 151 and 151-A).                                                  against whom a valid information
2. Elective Officials: (Sec 63, R.A.                                             is filed charging violation of:
7160)                                                                          1. R.A. 3019;
   a. by whom – against whom                                                   2. Book II, Title 7, Revised Penal
       i. President – elective official                                            Code; or
            of a province, a highly                                            3. offense involving fraud upon
            urbanized or an independent                                            government or public funds or
            component city;                                                        property (Cruz, The Law of
       ii. Governor – elective official                                            Public Officers, pp. 86-87)
            of a component city or
            municipality;                                                VII. RIGHTS OF PUBLIC OFFICERS:
       iii. Mayor – elective official of a
            barangay                                                     1. Right to Office – just and legal claim
   b. when – at any time after the                                              to     exercise     powers     and
       issues are joined;                                                       responsibilities of the public
   c. grounds:                                                                  office.
       i. reasonable ground to believe                                           Term – period during which
            that the respondent has                                                 officer may claim to hold
            committed the act or acts                                               office as a right.
            complained of;
                                                                                 Tenure – period during which
       ii. evidence of culpability is
                                                                                    officer actually holds office.
            strong;
       iii. gravity of the offense so
                                                                         2. Right to Salary
            warrants;
                                                                                Basis: legal title to office and
       iv. continuance in office of the
                                                                                the fact the law attaches
            respondent could influence
                                                                                compensation to the office.
            the witnesses or pose a
                                                                                Salary – compensation provided
            threat to the safety and
                                                                                    to be paid to public officer
            integrity of the records and
                                                                                    for his services.
            other evidence
                                                                                Preventive Suspension – public
   d. duration:
                                                                                officer not entitled during the
       i. single administrative case –
                                                                                period of preventive suspension,
            not to extend beyond 60
                                                                                but upon exoneration and
            days;
                                                                                reinstatement he must be paid
       ii. several administrative cases
                                                                                full salaries and emoluments
            – not more than 90 days
                                                                                during such period.
            within a single year on the
            same ground or grounds
                                                                                     Back salaries are also payable to
            existing and known at the
                                                                                     an officer illegally dismissed or
            time of the first suspension
                                                                                     otherwise unjustly deprived of
   - Section 24 of the Ombudsman
                                                                                     his office the right to recover
       Act (R.A. 6770) expressly provide
                                                                                     accruing from the date of
       that “the preventive suspension
                                                                                     deprivation. The claim for back
       shall continue until the case is
                                                                                     salaries must be coupled with a
       terminated by the Office of the
                                                                                     claim for reinstatement and
       Ombudsman but not more than 6
                                                                                     subject to the prescriptive
       months without pay.”            The
                                                                                     period of one (1) year. (Cruz,
       preventive suspension for 6
                                                                                     Law on Public Officers, p126-
       months without pay is thus
                                                                                     126)
       according to law (Lastimosa v.
       Vasquez, 243 SCRA 497)


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           11
                                                                                                MEMORY AID IN POLITICAL LAW



           Forms of Compensation:                                                   promotions must be submitted
           a. salary        –       personal                                        simultaneously for approval by
              compensation to be paid to                                            the Commission, the disapproval
              public officer for his services                                       of the appointment of a person
              and it is generally a fixed                                           proposed to a higher position
              annual or periodical payment                                          invalidates the promotion of
              depending on the time and                                             those in the lower positions and
              not on the amount of the                                              automatically restores them to
              service he may render;                                                their former positions.
           b. per diem – allowance for
              days actually spent in the                                 4. Right to vacation leave and sick
              performance      of     official                              leave with pay;
              duties;
           c. honorarium – something                                     5. Right to maternity leave;
              given as not as a matter of
              obligation,       but         in                           6. Right to pension and gratuity;
              appreciation for services                                         Pension – regular allowance paid
              rendered;                                                         to an individual or a group of
           d. fee – payment for services                                        individuals by the government in
              rendered or on commission                                         consideration       of    services
              on moneys officially passing                                      rendered or in recognition of
              through their hands; and                                          merit, civil or military.
           e. emoluments – profits arising                                      Gratuity – a donation and an act
              from the office, received as                                      of pure liberality on the part of
              compensation for services or                                      the State.
              which is annexed to the
              office as salary, fees, or                                 7. Right to retirement pay;
              perquisites.
                                                                         8. Right to reimbursement for expenses
3. Right to Preference in Promotion                                         incurred in performance of duty;
      Promotion – movement from one
      position to another with increase                                  9. Right to be indemnified against any
      in duties and responsibilities as                                     liability which they may incur in
      authorized by law and usually                                         bona fide discharge of duties; and
      accompanied by an increase in
      pay.                                                               10. Right to longevity pay.

          Next-in-Rank Rule – the person                                 11. Right to Self-Organization
          next in rank shall be given                                    Art III, Sec 8 1987Consti. Note: Civil
          preference in promotion when the                               servants are now given the right to self
          position immediately above his is                              organize but they may not stage strikes
          vacated.      But the appointing                               (see: SSS Employees Assoc. vs. CA, 175
          authority still exercises his                                  SCRA 686)
          discretion and is not bound by
          this rule.
           Appointing officer is only                                   VIII. MODES OF TERMINATION
               required to give special                                        OFFICIAL RELATIONSHIP:
               reasons for not appointing                                (TR3A3P DIFC2IT)
               officer next in rank if he fills                          1. expiration of term or tenure;
               vacancy by promotion in                                   2. reaching the age limit;
               disregard of the next in rank                             3. resignation;
               rule. (Pineda vs. Claudio, 28                             4. recall;
               SCRA 34)                                                  5. removal;
                                                                         6. abandonment;
          Automatic Reversion Rule – all                                 7. acceptance of incompatible office;
          appointments involved in chain of                              8. abolition of office;


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           12
                                                                                                MEMORY AID IN POLITICAL LAW



9. prescription of right to office (within                                     f.     Municipal Mayors and Vice
    one year after the cause of ouster or                                             Mayors/City Mayors and Vice
    the right to hold such office or                                                  Mayors of component cities -
    position arose);                                                                  Provincial Governor;
10. impeachment;                                                               g.     Sanggunian        Members   –
11. death;                                                                            Sanggunian concerned; and
12. failure to assume elective office                                          h.     Elective Barangay Officials –
    within 6 months from proclamation;                                                Municipal or City Mayors
13. conviction of a crime; and
14. filing of certificate of candidacy.                                        Recall - termination of official
                                                                               relationship for loss of confidence
 When public officer holds office at                                          prior to expiration of his term
     pleasure of appointing power, his                                         through the will of the people.
     replacement amounts to expiration
     of his term, not removal.(Alajar vs                                 Limitations on Recall:
     Alba, 100 Phil 683)                                                 1. any elective official may be subject
                                                                            of a recall election only once during
Principle of Hold-Over – if no express or                                   his term of office for loss of
implied Constitutional or statutory                                         confidence; and
provision to the contrary, public officer                                2. no recall shall take place within one
is entitled to hold office until successor                                  year from date of the official’s
has been chosen and shall have                                              assumption to office or one year
qualified.                                                                  immediately preceding a regular
    Purpose: to prevent hiatus in public                                    local election.
    office. (But subject to Art. 237 of
    RPC)                                                                 Procedure for Recall (Secs. 70-72, R.A.
                                                                         7160)
Retirement:                                                              1. Initiation of the Recall Process:
                                                                            a. by        a    Preparatory     Recall
 Members of Judiciary : 70 years of
                                                                                 Assembly (PRA) composed of:
    age
                                                                                 i. Provincial – mayors, vice
 Other government officers and                                                       mayors and sanggunian (sg)
    employees : 65 years of age                                                       members           of       the
 Optional retirement age: after                                                      municipalities             and
    rendition of minimum number of                                                    component cities;
    years of service.                                                            ii. City – punong barangay and
                                                                                      (sg) barangay members;
Accepting Authority for Resignation:                                             iii. Legislative District:
1. to competent authority provided by                                                 iiia. SG     Panlalawigan    –
   law;                                                                                      municipal officials in
2. If law is silent and public officer is                                                    the district;
   appointed, tender to appointing                                                    iiib. SG      Panglunsod     –
   officer;                                                                                  barangay officials in
3. If law is silent and public officer is                                                    the district;
   elected, tender to officer authorized                                         iv. Municipal - punong barangay
   by law to call election to fill                                                    and (sg) barangay members;
   vacancy:                                                                       majority of the PRA
   a. President and Vice-President -                                                  members shall convene in
        Congress                                                                      session in a public place;
   b. Members of Congress               -
        respective Chambers
                                                                                  recall of the officials
                                                                                      concerned shall be validly
   e. Governors,       Vice   Governors,
                                                                                      initiated through a resolution
        Mayors and Vice Mayors of HUC’s
                                                                                      adopted by a majority of all
        and independent component
                                                                                      the PRA members concerned
        cities - President.



POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           13
                                                                                                MEMORY AID IN POLITICAL LAW



     b. by the Registered Voters (RV) in                                 3. Election on Recall – COMELEC shall
        the province, city, municipality                                    set the date of the election on
        or barangay (LGU) concerned -                                       recall:
        at least 25% of the total number                                    a. for barangay, city or municipal
        of RV in the LGU concerned                                              officials – not later than 30 days
        during the election in which the                                        after the filing of the resolution
        local official sought to be                                             or petition;
        recalled was elected;                                               b. for provincial officials - not later
        i. written petition filed with                                          than 45 days after the filing of
             the COMELEC in the presence                                        the resolution or petition;
             of the representative of the                                4. Effectivity of Recall – only upon the
             petitioner        and        a                                 election and proclamation of a
             representative of the official                                 successor in the person of the
             sought to be recalled, and in                                  candidate receiving the highest
             a public place of the LGU;                                     number of votes cast during the
        ii. COMELEC shall cause the                                         election on recall.
             publication of the petition in                                  Should the official sought to be
             a public and conspicuous                                           recalled receive the highest
             place for a period of not less                                     number of votes, confidence in
             than 10 days nor more than                                         him is thereby affirmed, and he
             20 days                                                            shall continue in office.
        iii. upon lapse of the said
             period,     COMELEC       shall
             announce the acceptance of
             candidates and shall prepare
             the list of candidates which
             shall include the name of the
             official sought to be recalled




POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           14
                                                                                                MEMORY AID IN POLITICAL LAW



                                                   ELECTION LAW

I.SUFFRAGE                                                                                 terrorism, fraud or other
      - right to vote in election of                                                       analogous causes. (Joseph
      officers chosen by people and in                                                     Peter Sison v. COMELEC,
      the determination of questions                                                       G.R. No. 134096, March 3,
      submitted to people. It includes:                                                    1999)
      1. election;
      2. plebiscite;                                                                      What is common in these
      3. initiative; and                                                                   three instances is the
      4. referendum.                                                                       resulting failure to elect. In
                                                                                           the     first   instance,    no
     Election – means by which people                                                      election is held while in the
     choose their officials for a definite                                                 second, the election is
     and fixed period and to whom they                                                     suspended.       In the third
     entrust for time being the exercise                                                   instance,        circumstances
     of powers of government.                                                              attending the preparation,
     Kinds:                                                                                transmission, custody or
     1. Regular election – one provided                                                    canvass of the election
         by law for election of officers                                                   returns cause a failure to
         either nationwide or in certain                                                   elect. The term failure to
         subdivisions    thereof,     after                                                elect means nobody emerged
         expiration of full term of former                                                 as a winner. (Pasandalan vs.
         members; and                                                                      Comelec, G.R. No. 150312,
     2. Special election – one held to fill                                                July 18, 2002)
         vacancy     in    office   before                                                The       causes     for    the
         expiration of full term for which                                                 declaration of a failure of
         incumbent was elected.                                                            election may occur before or
                                                                                           after the casting of votes or
     Failure of Elections –       there are                                                on the day of the election.
     only 3 instances where a failure of                                                   (Sec. 4, R.A. 7166)
     elections may be declared, namely:                                                   The COMELEC shall call for
         a. The election in any polling                                                    the holding or continuation
             place has not been held on                                                    of the election on a date
             the date fixed on account of                                                  reasonably close to the date
             force majeure, violence,                                                      of the election not held,
             terrorism, fraud, or other                                                    suspended, or which resulted
             analogous causes;                                                             in a failure to elect but not
         b. The election in any polling                                                    later than 30 days after the
             place had been suspended                                                      cessation of the cause of
             before the hour fixed by law                                                  such suspension or failure to
             for the closing of the voting                                                 elect. (Sec. 6, B.P. 881)
             on     account    of     force                                               In such election, the location
             majeure,             violence,                                                of polling places shall be the
             terrorism, fraud, or other                                                    same as that of the
             analogous causes; and                                                         preceding regular election.
         c. After the voting and during                                                    However, changes may be
             the      preparation       and                                                initiated by written petition
             transmission of the election                                                  of the majority of the voters
             returns or in the custody or                                                  of the precinct or agreement
             canvass      thereof      such                                                of all the political parties or
             election results in a failure                                                 by resolution of the Comelec
             to elect on account of force                                                  after notice and hearing.
             majeure, violence,



POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           15
                                                                                                MEMORY AID IN POLITICAL LAW



                 (Cawasa vs. Comelec, G.R.                               II. POLITICAL PARTY
                 No. 150469, July 3, 2002)                                    - organized group of citizens
                                                                         advocating an ideology or platform,
    Postponement of Elections - An                                       principles and policies for the general
    election may be postponed by the                                     conduct of government and which, as
    COMELEC either motu proprio or upon                                  the most immediate means of securing
    a verified petition by any interested                                their adoption, regularly nominates and
    party when there is violence,                                        supports certain of its leaders and
    terrorism, loss or destruction of                                    members as candidate in public office.
    election paraphernalia or records,                                   (Bayan Muna v. Comelec, GR No. 147613,
    force majeure, or other analogous                                    June 28, 2001)
    cause of such a nature that the
    holding of a free, orderly and honest                                           To acquire juridical personality
    election becomes impossible in any                                               and to entitle it to rights and
    political subdivision. (Sec. 5, B.P.                                             privileges granted to political
    881)                                                                             parties, it must be registered
                                                                                     with COMELEC
          The COMELEC shall call for the
           holding of the election on a date                                        policies for the general conduct
           reasonably close to the date of                                           of government and which, as the
           the     election     not    held,                                         most immediate means of
           suspended, or which resulted in                                           securing      their    adoption,
           a failure to elect but not later                                          regularly nominates and supports
           than 30 days after the cessation                                          certain of its leaders and
           of    the     cause   for    such                                         members as candidate in public
           postponement or suspension of                                             office. (Bayan Muna v. Comelec,
           the election or failure to elect.                                         GR No. 147613, June 28, 2001)
           (Sec. 5, B.P. 881)
                                                                                    To acquire juridical personality
Qualification for Suffrage:                                                          and to entitle it to rights and
1. Filipino citizen;                                                                 privileges granted to political
2. At least 18 years of age;                                                         parties, it must be registered
3. Resident of the Philippines for at                                                with COMELEC.
   least one year;
4. Resident of place where he proposes                                   Groups Disqualified for Registration:
   to vote for at least 6 months; and                                    1. religious denominations or sects;
5. Not otherwise disqualified by law.                                    2. those who seek to achieve their
                                                                            goals through violence or unlawful
Disqualification:                                                           means;
1. person convicted by final judgment                                    3. those who refuse to uphold and
    to suffer imprisonment for not less                                     adhere to Constitution; and
    than 1 year, unless pardoned or                                      4. those     supported     by     foreign
    granted     amnesty;      but    right                                  governments.
    reacquired upon expiration of 5
    years after service of sentence;                                     Grounds for Cancellation of
2. person adjudged by final judgment                                     Registration:
    of having committed any crime
    involving disloyalty to government or                                1. accepting financial contributions
    any crime against national security;                                    from foreign governments or their
    but right is reacquired upon                                            agencies; and
    expiration of 5 years after service of                               2. failure to obtain at least 10% of
    sentence; and                                                           votes casts in constituency where
3. insane or incompetent persons as                                         party fielded candidates.
    declared by competent authority
    (Sec. 118, OEC).



POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           16
                                                                                                MEMORY AID IN POLITICAL LAW



Party System – a free and open party                                        d. it is receiving support from any
system shall be allowed to evolve                                                foreign government, foreign
according to free choice of people.                                              political     party,     foundation,
     no votes cast in favor of political                                        organization, whether directly or
        party, organization or coalition                                         through any of its officers or
        shall be valid except for those                                          members or indirectly through
        registered under the party-list                                          third     parties    for    partisan
        system     provided      in   the                                        election purposes;
        Constitution;                                                       e. it violates or fails to comply with
                                                                                 laws, rules or regulation relating
     political parties registered under
                                                                                 to elections;
        party-list   system     shall  be
                                                                            f. it declares untruthful statements
        entitled to appoint poll watchers
                                                                                 in its petition;
        in accordance with law; and
                                                                            g. it has ceased to exist for at least
     part-list representatives shall                                            one (1) year; or
        constitute 20% of total number                                      h. it fails to participate in the last
        of representatives in the House.                                         two (2) preceding elections or
                                                                                 fails to obtain at least two per
Guidelines for screening party-list                                              centum (2%) of the votes cast
participants                                                                     under the party-list system in
1. The      political    party,    sector,                                       two (2) preceding elections for
    organization or coalition must                                               the constituency in which it has
    represent the marginalized and                                               registered.
    underrepresented groups identified                                   5. the party or organization must not
    in Sec. 5 of RA 7941. Majority of its                                   be an adjunct of, or a project
    member-ship should belong to the                                        organized or an entity funded or
    marginalized and underrepresented;                                      assisted by, the government.
2. While even major political parties                                    6. the party, including its nominees
    are expressly allowed by RA 7941                                        must comply with the qualification
    and the Constitution, they must                                         requirements of section 9, RA 7941
    comply with the declared statutory                                      as follows: “No person shall be
    policy of “Filipino citizens belonging                                  nominated             as        party-list
    to     marginalized      and    under-                                  representative unless he is: (a)
    represented sectors to be elected to                                    natural-born        citizen     of    the
    the House of Representatives”.                                          Philippines; (b) a registered voter;
    Thus, they must show that they                                          (c) a resident of the Philippines for a
    represent the interest of the                                           period of not less than one year
    marginalized and underrepresented.                                      immediately preceding the day of
3. That religious sector may not be                                         the election; (d) able to read and
    represented in the party-list system;                                   write; (e) a bona fide member of the
    except that priests, imam or pastors                                    party or organization which he seeks
    may be elected should they                                              to represent for at least 90 days
    represent not their religious sect but                                  preceding the day of the election;
    the indigenous community sector;                                        and (f) at least 25 years of age on
4. A party or an organization must not                                      the day of the election. In case of a
    be disqualified under Sec. 6, RA 7941                                   nominee of the youth sector, he
    as follows:                                                             must at least be twenty five (25) but
    a. it is a religious sect or                                            not more than thirty (30) years of
        denomination, organization or                                       age on the day of the election. Any
        association      organized     for                                  youth sectoral representative who
        religious purposes;                                                 attains the age of thirty (30) during
    b. it advocates violence or unlawful                                    his term shall be allowed to continue
        means to seek its goals;                                            in office until the expiration of his
    c. it is a foreign party or                                             terms”;
        organization;




POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           17
                                                                                                MEMORY AID IN POLITICAL LAW



7. not only the candidate party or                                       1. to put election process in mockery or
   organization      must      represent                                    disrepute;
   marginalized and underrepresented                                     2. to cause confusion among voters by
   sectors, so also must its nominees;                                      similarity of names of registered
8. while lacking the a well-defined                                         candidates;
   political constituency, the nominee                                   3. by other circumstances or acts which
   must likewise be able to contribute                                      demonstrate that a candidate has no
   to the formation and enactment of                                        bona fide intention to run for office
   appropriate legislation that will                                        for which certificate has been filed,
   benefit the nation as a whole. (Ang                                      and     thus   prevent    a   faithful
   Bagong Bayani-OFW Labor Party, v.                                        determination of true will of
   COMELEC, GR No. 147589, June 26,                                         electorate.
   2001).
                                                                         IV. FAIR ELECTIONS ACT OF 2001 (RA
III. DISQUALIFICATION OF                                                      9006)
     CANDIDATES:
1. declared as incompetent or insane                                     Lawful election Propaganda (sec. 3):
     by competent authority;
2. convicted by final judgment for                                       1. Written/Printed Materials (does not
     subversion, insurrection, rebellion or                                 exceed 8 ½ in. width by 14 in.
     any offense for which he has been                                      length)
     sentenced to a penalty of 18 months                                 2. Handwritten/printed letters
     imprisonment;                                                       3. Posters (not exceeding 2 x 3 ft.)
3. convicted by final judgment for                                           3 by 8 ft. allowed in
     crime involving moral turpitude;                                           announcing, at the site and
4. any person who is permanent                                                  on the occasion of a public
     resident of or immigrant to a foreign                                      meeting or rally, may be
     country; and                                                               displayed 5 days before the
5. one who has violated provisions on:                                          date of rally but shall be
     a. campaign period;                                                        removed within 24 hours
     b. removal, destruction of lawful                                          after said rally.
          election propaganda;                                           4. Print Ads
     c. prohibited forms of propaganda;
                                                                             ¼ page in broadsheets and ½
     d. regulation      of     propaganda
                                                                                page in tabloids thrice a
          through mass media; and
                                                                                week        per newspaper,
     e. election offenses.
                                                                                magazine          or     other
                                                                                publication       during   the
     - When a candidate has not yet been
                                                                                campaign period
     disqualified by final judgment during
                                                                         5. Broadcast Media (i.e. TV and
     the election day and was voted for,
                                                                            Radio)
     the votes cast in his favor cannot be
     declared stray. To do so would
                                                                              NATIONAL                          LOCAL
     amount to disenfranchising the
                                                                              POSITIONS                        POSITIONS
     electorate in whom sovereignty
     resides. (Codilla vs. Hon. Jose De                                  1.    120 minutes                1.    60 minutes
     Venecia, G.R. No. 150605, December                                        for TV                           for TV
     10, 2002)
                                                                         2.    180 minutes                2.    90 minutes
Nuisance Candidate                                                             for Radio                        for Radio
       – COMELEC may motu propio
           or     upon    petition   of                                  Prohibited Campaign
           interested party, refuse to                                   1. Public    exhibition     of   movie,
           give due course to or cancel                                     cinematograph      or    documentary
           certificate of candidacy if                                      portraying the life or biography of a
           shown that said certificate                                      candidate during campaign period;
           was filed:


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           18
                                                                                                MEMORY AID IN POLITICAL LAW



2. Public exhibition of a movie,                                         Substituted and Substitute Candidate
   cinematograph     or   documentary                                            - In case of valid substitutions
   portrayed by an actor or media                                        after the officials ballots have been
   personality who is himself a                                          printed, the votes cast for the
   candidate;                                                            substituted     candidates      shall    be
3. Use of airtime for campaign of a                                      considered as stray votes but shall not
   media practitioner who is an official                                 invalidate the whole ballot. For this
   of a party or a member of the                                         purpose, the official ballots shall provide
   campaign staff of a candidate or                                      for spaces where the voters may write
   political party;                                                      the name of the substitute candidates if
                                                                         they are voting for the latter: Provided,
Limitation on Expenses:                                                  however, That if the substitute
   1. for candidates:                                                    candidate is of the same family name,
         President and Vice President                                   this provision shall not apply.(Sec.12)
            = P10/voter;
                                                                         V. PRE-PROCLAMATION
         Other candidates, if with
                                                                            CONTROVERSY
            party = P3/voter;
                                                                              Any question pertaining to or
         Other candidates, if without                                          affecting proceedings of Board of
            party = P5/voter.                                                   Canvassers which may be raised
   2. for political parties = P5/voter                                          by any candidate or by a
                                                                                registered political party or
Statement      of    Contribution     and                                       coalition of political parties
Expenses                                                                        before the board or directly with
 every candidate and treasurer of                                              COMELEC or any matter raised
    political party shall, within 30 days                                       under Sections 233, 234, 235,
    after day of election, file offices of                                      and     236,   in   relation   to
    COMELEC the full, true and itemized                                         preparation,        transmission,
    statement of all contribution and                                           receipt,       custody        and
    expenditures in connection with                                             appreciation of election returns.
    election.
                                                                         Issues which may be raised in a Pre-
Election Survey                                                          Proclamation Controversy:
 The SC held that Sec. 5.4 of the Fair                                  1. Illegal composition or proceedings of
    Election Act prohibiting publication                                     the board of Canvassers;
    of    survey    results    15    days                                2. Canvassed election returns are
    immediately preceding a national                                         incomplete,      contain    material
    election and 7 days before a local                                       defects, appears to be tampered
    election violates the constitutional                                     with or falsified; or contain
    rights of speech, expression, and the                                    discrepancies in the same returns or
    press because:                                                           in other authentic copies thereof as
     it imposes a prior restraint on                                        mentioned in Sec. 233,234,235 and
        the freedom of expression;                                           236 of BP 881;
     It is a direct and total                                           3. Election returns were prepared
        suppression of a category of                                         under duress, threat, coercion, or
        expression even though such                                          intimidation, or they are obviously
        suppression is only for a limited                                    manufactured or not authentic; and
        period; and                                                      4. When substitute of fraudulent
     the governmental interest sought                                       returns in controverted polling
        to be promoted can be achieved                                       places were canvassed, the results of
        by means other than the                                              which materially affected the
        suppression of freedom of                                            standing     of     the    aggrieved
        expression.    (Social   Weather                                     candidate/s.
        Station v. Comelec, G.R. No.
        147571 May 5, 2001)



POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           19
                                                                                                MEMORY AID IN POLITICAL LAW



III. ELECTION CONTESTS                                                   2. For decisions of COMELEC
                                                                             petition for review on Certiorari
Nature: special summary proceeding                                              with SC within 30 days from
object of which is to expedite                                                  receipt of decision on ground of
settlement of controversies between                                             grave     abuse    of   discretion
candidates as to who received majority                                          amounting to lack or excess of
of legal votes.                                                                 jurisdiction or violation of due
Purpose: to ascertain true will of people                                       process;
and duly elected officer, and this could                                 3. For decisions of Electoral Tribunal
be achieved by throwing wide open the
                                                                             petition for review on Certiorari
appeal before the court.
                                                                                with SC on ground of grave abuse
                                                                                of discretion amounting to lack
Contest: any matter involving title or
                                                                                or excess of jurisdiction or
claim of title to an elective office, made
                                                                                violation of due process.
before or after proclamation of winner,
whether or not contestant is claiming
                                                                         Actions Which May Be Filed:
office in dispute.
                                                                         1. Election Protest
Election, Returns and qualification –
                                                                             - May be filed by any candidate who
refers to all matters affecting validity of
                                                                             has filed a certificate of candidacy
the contestee’s title to the position.
                                                                             and has been voted upon for the
                                                                             same officer;
     Election – conduct of the polls,
                                                                             Grounds:
     including the registration of voters,
                                                                             a. fraud;
     holding of election campaign, and
                                                                             b. terrorism;
     casting and counting of votes.
                                                                             c. irregularities; or
                                                                             d. illegal acts
     Returns – include the canvass of
     returns and proclamation of winners,                                     committed before, during, or
     together with questions concerning                                          after casting and counting of
     composition of Board of Canvassers                                          votes
     and authenticity of election returns.                                   Time to file: within 10 days from
                                                                             proclamation of results of election.
     Qualifications – matter which could
     be raised in a quo warranto                                         2. Quo warranto
     proceedings against the proclaimed                                     - Filed by any registered voter in the
     winner, such as his disloyalty to the                                  constituency
     Republic or his ineligibility or
     inadequacy of his certificate of                                          Grounds:
     candidacy.                                                                a. ineligibility; or
                                                                               b. disloyalty to Republic.
Original Exclusive Jurisdiction Over                                           Time to file: within 10 days from
Election Contests                                                              proclamation of results of election.
1. President and Vice-President        -
    Supreme Court en banc                                                  QUO WARRANTO                     QUO WARRANTO
2. Senator - Senate Electoral Tribunal                                       IN ELECTIVE                     IN APPOINTIVE
3. Representative - HR Electoral                                               OFFICE                            OFFICE
    Tribunal                                                             1.  determination is  1.               determination is
                                                                           eligibility of                      legality of
4. Regional/Provincial/City - COMELEC
                                                                           candidate-elect                     appointment
5. Municipal - RTC
                                                                         2. when person       2.               court           may
6. Barangay - MTC                                                          elected is                          determine as to
                                                                           declared                            who among the
Appellate Jurisdiction:                                                    ineligible, court                   parties has legal
1. For decisions of RTC and MTC                                            cannot declare 2nd                  title to office
    appeal to COMELEC whose                                               placer as elected,
       decision shall be final and                                         even if eligible
       executory;


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           20
                                                                                                MEMORY AID IN POLITICAL LAW



IV.        ELECTION OFFENSES                                                   promise of any office or
                                                                               employment, public or private,
Vote-Buying and Vote-Selling                                                   for any of the foregoing
   (1) Any person who gives, offers                                            considerations. (Sec. 261, B.P.
   or promises money or anything of                                            881)
   value, gives or promises any
   office or employment, franchise
   or grant, public or private, or                                                        One of the effective ways of
   makes or offers to make an                                                              preventing the commission
   expenditure,       directly     or                                                      of    vote-buying      and    of
   indirectly,     or    cause    an                                                       prosecuting                those
   expenditure to be made to any                                                           committing it is the grant of
   person, association, corporation,                                                       immunity       from     criminal
   entity, or community in order to                                                        liability in favor of the party
   induce anyone or the public in                                                          (person/s) whose vote was
   general to vote for or against                                                          bought.        This grant of
   any candidate or withhold his                                                           immunity will encourage the
   vote in the election, or to vote                                                        recipient or acceptor to
   for or against any aspirant for                                                         come into the open and
   the nomination or choice of a                                                           denounce        the      culprit-
   candidate in a convention or                                                            candidate, and will ensure
   similar selection process of a                                                          the successful prosecution of
   political party.                                                                        the criminal case against the
   (2) Any person, association,                                                            latter. (Comelec vs. Hon.
   corporation, group or community                                                         Tagle, G.R. Nos. 148948 &
   who solicits or receives, directly                                                      148951, February 17, 2003)
   or indirectly, any expenditure or




POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           21
                                                                                                MEMORY AID IN POLITICAL LAW



                                  LAW ON PUBLIC CORPORATION

I. LOCAL GOVERNMENT CODE OF 1991                                         Declaration of Policy:
(R.A. 7160)
                                                                         1. Territorial and subdivisions of State
Effectivity: January 1, 1992                                                shall enjoy genuine and meaningful
                                                                            local autonomy to enable them to
Scope of Application of Local                                               attain fullest development and make
Government Code:                                                            them more effective partners in
Applicable to:                                                              attaining national goals;
   1. all provinces,                                                     2. Ensure accountability of LGU’s
   2. cities,                                                               through institution of effective
   3. municipalities,                                                       mechanisms of recall, initiative and
   4. barangays;                                                            referendum; and
   5. and other political subdivisions                                   3. Require all national agencies and
        as may be created by law; and                                       offices     to    conduct      periodic
   6. to the extent provided in the                                         consultations     with     appropriate
        Local Government Code:                                              LGU’s,      NGO’s     and      People’s
        a. to officials,                                                    Organizations and other concerned
        b. offices, or                                                      sector of community before any
        c. agencies of the National                                         project or program is implemented
            Government.                                                     in their respective jurisdictions.

Local Autonomy – in its constitutional                                   Rules on Interpretation:
sense, to polarize LGU’s from over                                       1. provision      on    power:   liberally
dependence on central government and                                         interpreted in favor of LGU; in case
do not make LGU’s mini-republics or                                          of doubt, resolved in favor of
imperium in imperia.                                                         devolution of powers;
                                                                         2. ordinance or revenue measure:
Decentralization of Administration –                                         construed strictly against LGU
central       government       delegates                                     enacting it and liberally in favor of
administrative powers to political                                           tax payer;
subdivisions in order to broaden base of                                 3. tax exemptions, incentive or relief
government power and in process make                                         granted by LGU: construed against
LGU’s more responsive and accountable                                        person claiming;
and ensure their fullest development as                                  4. general welfare provisions: liberally
self-reliant communities and make them                                       interpreted to give more powers to
effective partners in the pursuit of                                         LGU’s in accelerating economic
national     development    and    social                                    development and upgrading quality
progress.                                                                    of life for people in community;
                                                                         5. rights and obligations existing on
Decentralization of Power – involves                                         date of effectivity of LGC of 1991
abdication of political power in favor of                                    and arising out of contracts or any
LGU’s declared autonomous.(Limbona v.                                        other source of prestation involving
Mengelin, 170 SCRA 786).                                                     LGU, shall be governed by original
                                                                             terms and conditions of said
Devolution – act by which national                                           contracts or law in force at time
government confers power and authority                                       such rights were vested; and
upon various LGU’s to perform specific                                   6. resolution of controversies arising
functions and responsibilities.[Sec.17(e),                                   under LGC of 1991 where no legal
par.2, LGC].                                                                 provision or jurisprudence applies,
                                                                             resort may be had to customs and
                                                                             traditions     in      place    where
                                                                             controversies take place.


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           22
                                                                                                MEMORY AID IN POLITICAL LAW



II. PUBLIC CORPORATION                                                   IV. TERRITORIAL AND POLITICAL
     - one formed and organized for the                                      SUBDIVISIONS ENJOYING
government of a portion of the State.                                        LOCAL AUTONOMY:
                                                                         1. Province – cluster of municipalities,
Elements of Public Corporation:                                              or municipalities and component
1. legal creation or incorporation;                                          cities, and serves as dynamic
2. corporate name;                                                           mechanism for        developmental
3. inhabitants; and                                                          processes and effective governance
4. territory.                                                                of LGU’s within its territorial
                                                                             jurisdiction.
Classes of Corporation:
1. Quasi-corporation           –     public                              2. City – composed of more urbanized
    corporations created as agencies of                                     and developed barangays, serves as
    State for narrow and limited                                            a general purpose government for
    purposes.                                                               coordination and delivery of basic,
2. Municipal corporation – body politic                                     regular and direct services and
    and    corporate      constituted    by                                 effective governance of inhabitants
    incorporation of inhabitants of city                                    within its territorial jurisdiction;
    or    town     purposes      of   local
    government thereof or as agency of                                   3. Municipality – consisting of group of
    State to assist in civil government of                                  barangays, serves primarily as a
    the country.                                                            general purpose government for
3. Quasi-public corporation – private                                       coordination and delivery of basic,
    corporation that renders public                                         regular and direct services and
    service or supplies public wants.                                       effective governance of inhabitants
                                                                            within its territorial jurisdiction;
      PUBLIC                          PRIVATE
   CORPORATION                      CORPORATION                          4. Barangay – basic political unit which
                                                                            serves as primary planning and
1. established for              1. created for private                      implementing unit of government
purposes          of            aim, gain or benefit                        policies, plans, programs, projects
administration    of            of members                                  and activities in community, and as a
civil   and    local                                                        forum wherein collective views of
governments
                                                                            people      may     be     expressed,
2. creation of State            2. created by will of                       crystalized and considered and
either by special or            incorporators    with                       where disputes may be amicably
general act                     recognizance       of                       settled;
                                State
3.          involuntary         3.          voluntary                    5. Autonomous Regions – created for
consequence                     agreement by and                            decentralization of administration or
legislation                     among members                               decentralization of government; and

                                                                         6. Special     metropolitan  political
III. DE FACTO MUNICIPAL                                                     subdivisions – created for sole
     CORPORATION                                                            purpose of coordination of delivery
                                                                            of basic services.
Requisites:
1. valid law authorizing incorporation;                                  Creation of Municipal Corporations
2. attempt in good faith to organize                                     1. For province, city or municipality,
   under it;                                                                only by Act of Congress;
3. colorable compliance with law; and                                    2. For barangays, ordinance passed by
4. assumption of corporate powers.                                          respective Sanggunian




POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           23
                                                                                                MEMORY AID IN POLITICAL LAW



                Plebiscite Requirement –                                      organization shall become vested in
                 approved by a majority of                                     government of municipality.
                 the votes cast in a plebiscite
                 called for the purpose in the                           V. POWERS OF LGUs
                 political   unit/s    directly
                 affected (Sec. 10, R.A. 7160)                           Classification of Powers of Local
                Based       on      verifiable                          Government Units
                 indicators of viability and                             1. Express, implied and inherent;
                 projected      capacity     to                          2. Public or governmental, private or
                 provide services (Sec. 7, R.A.                              proprietary;
                 7160) [Note: see Annex C]                               3. Intramural and extramural; and
                                                                         4. Mandatory and directory; ministerial
Beginning of Corporate Existence                                             and discretionary.
    upon election and qualification
       of its chief executive and                                        Governmental Powers of LGU:
       majority of members of its                                        1. General Welfare – (Sec. 16, R.A.
       Sanggunian, unless some other                                        7160) statutory grant of police
       time is fixed therefore by law or                                    power to LGU’s. It is limited to:
       ordinance creating it.                                               a. territoriality;
    Mode of Inquiry to Legal                                               b. equal protection clause;
       Existence of LGU: Quo warranto                                       c. due process clause; and
       which is reserved to State or                                        d. must not be contrary to law.
       other direct proceedings                                          2. Delivery of basic services and
                                                                            facilities – (Sec. 17, of R.A. 7160);
Abolition of LGU:                                                        3. Power to generate and apply
                                                                            resources – (Sec. 18, of R.A. 7160);
 When income, population, or land
                                                                         4. Eminent Domain – (Sec. 19, of R.A.
   area of LGU has been reduced to less
                                                                            7160);
   than minimum standards prescribed
                                                                            Additional Limitations for Exercise
   for its creation. The law or
                                                                            by LGU:
   ordinance abolishing LGU shall
                                                                            a. exercise by local chief executive
   specify     the   province,    city,
                                                                                pursuant to an ordinance;
   municipality or barangay with which
                                                                            b. for public use, purpose or
   LGU sought to be abolished will be
                                                                                welfare for benefit of poor and
   incorporated or merged.
                                                                                landless;
                                                                            c. payment of just compensation;
Division and Merger of LGU’s
                                                                                and
 shall        comply        with       same                                d. only after valid and definite
    requirements, provided:                                                     offer had been made to, and not
1. shall not reduce income, population                                          accepted by owner.(Municipality
    or land area of LGU concerned to                                            of Parañaque v. V.M. Realty
    less than the minimum requirements                                          Corp., 292 SCRA 678)
    prescribed;                                                          5. Reclassification of Lands – (Sec. 20
2. income classification of original LGU                                    of RA 7160)
    shall not fall below its current                                        Limited by following percentage of
    income      classification    prior    to                               total agricultural land area:
    division;                                                               a. for HUC and independent
3. Plebiscite be held in LGU’s affected.                                        component cities: 15%;
4. Assets and liabilities of creation shall                                 b. for component cities and 1st to
    be equitably distributed between the                                        3rd class municipalities: 10% ;
    LGU’s affected and new LGU. When                                            and
    municipal district of other territorial                                 c. for 4th to 6th class municipalities:
    divisions is converted or fused into a                                      5%.
    municipality all property rights                                     6. Closure and opening of roads – (Sec.
    vested      in    original    territorial                               21 of RA 7160)



POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           24
                                                                                                MEMORY AID IN POLITICAL LAW



   In case of permanent closure:                                                     
                                                                                     Barangay Chairman has no
   a. adequate provision for public                                                  veto power.
       safety must be made; and                                          Corporate Powers of LGU:
   b. may be properly used or                                            1. to have continuous succession in its
       conveyed for any purpose for                                         corporate name;
       which other real property may                                     2. to sue and be sued;
       be lawfully used or conveyed;                                     3. to have and use a corporate seal;
       provided no freedom park be                                       4. to acquire and convey real or
       permanently closed without                                           personal property;
       provisions or transfer to new                                     5. power to enter into contracts;
       site.                                                                Requisites of valid municipal
7. Local legislative power – (Secs. 48-                                     contracts:
   59 of RA 7160)                                                           a.    LGU has express, implied, or
   Approval of ordinances:                                                        inherent power to enter into a
   a. local chief executive with his                                              particular contract;
       signature on each and every                                          b. Entered        into    by    proper
       page;                                                                      department,               board,
   b. if local chief executive vetoes                                             committee, or agent;
       the same, may be overridden by                                       c.    Must comply with substantive
       2/3 vote of all sanggunian                                                 requirements;
       members;                                                             d. Must comply with formal
       (i)     grounds       for      veto:                                       requirements; and
               ordinance is ultra vires                                     e.    In case entered into by local
               or prejudicial to public                                           chief executive on behalf of
               welfare;                                                           LGU, prior authorization by
       (ii)    local chief executive                                              Sanggunian       concerned    is
               may      veto     particular                                       needed
               item/s of appropriation                                   6. to exercise such other powers as
               ordinance, adoption of                                       granted to corporation, subject to
               local development plan                                       limitations    provided     in   Local
               and public investment                                        Government Code of 1991 and other
               plan,      or     ordinance                                  laws.
               directing payment of
               money       or      creating                              VI. MUNICIPAL LIABILITY:
               liability; and
       (iii)   local chief executive                                     Rule: Local government units and their
               may veto an ordinance                                     officials are not exempt from liability for
               only once;                                                death or injury to persons or damage to
   c. veto        communicated           to                              property (Sec. 24, R.A. 7160)
       sanggunian within 15 days for                                     1. Statutory provisions on liability:
       province and 10 days for city or                                      a. Art. 2189, Civil Code – defective
       municipality.                                                              condition of roads, streets,
                                                                                  bridges, public buildings, and
     Requisites for validity:                                                     other public works;
     a. must     not    contravene     the                                   b. Art. 2180(6th par.), Civil Code –
        Constitution and any statute;                                             acts through a special agent;
     b. must not be unfair or oppressive;                                     d. Art. 34, Civil Code – failure or
     c. must     not    be    partial    or                                        refusal of a member of the
        discriminatory;                                                            police force to render aid and
     d. must not prohibit, but may                                                 protection in case of danger to
        regulate trade;                                                            life and property
     e. must not be unreasonable; and                                    2. for Tort – depends if engaged in:
     f. must be general in application                                       a. governmental functions – not
        and consistent with public policy.                                        liable;
                                                                             b. proprietary functions – liable



POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           25
                                                                                                MEMORY AID IN POLITICAL LAW



3. for Violation of Law                                                        punishable by 1 year or more of
4. for Contracts – if contract is:                                             imprisonment within 2 after service
   a. intra vires – liable;                                                    of sentence;
   b. ultra vires – not liable                                           2.    those removed from office due to
    Doctrine of Implied Municipal                                             administrative cases;
       Liability – a municipality may                                    3.    those convicted by final judgment
       become obligated upon an                                                for violating oath of allegiance to
       implied contract to pay the                                             the Republic;
       reasonable value of the benefits                                  4.    those with dual citizenship;
       accepted or appropriated by it                                    5.    fugitives from justice in criminal or
       as to which it has the general                                          non-political cases here or abroad;
       power to contract (Province of                                    6.    permanent resident in foreign
       Cebu v. IAC, 147 SCRA 447); the                                         country; and
       doctrine applies to all cases                                     7.    insane or feeble-minded.(Sec.40,
       where money or other property                                           RA.7160)
       of a party is received under such
       circumstances that the general                                    VIII. MANNER OF ELECTION
       law, independent of an express                                    1. Elected at large
       contract, implies an obligation                                        a. Governor; Vice Governor;
       to do justice with respect to the                                      b. City or municipal mayor; City or
       same (Nachura, Reviewer in                                                municipal vice-mayor;
       Political Law, p. 431)                                                 c. Punong barangay,
                                                                              d. SK chairman, elected by voters
VII. QUALIFICATION OF ELECTIVE                                                   of Katipunan ng Kabataan
      LOCAL OFFICIALS:
1. citizen of the Philippines;                                           2. Elected by District
2. registered      voter     of   barangay,                                 a. regular members of Sanggunian
     municipality, city, province, or                                       b. ex-officio        members         of
     district where he intends to be                                            Sanggunian
     elected;                                                                   (i.) panlalawigan
3. resident therein for at least 1 year                                                president of leagues of
     preceding election;                                                                  sanggunian members of
4. able to read and write Filipino or                                                     component cities and
     local language or dialect; and                                                       municipalities; and
5. age:                                                                                president of liga ng mga
     a. 23 years of age – Governor, Vice                                                  barangay and pederasyon
          Governor,      Board     Member,                                                ng    mga      sanggunian
          Mayor, Vice Mayor or Member of                                                  kabataan
          City Council for HUC’s.                                               (ii.) panlunsod
     b. 21 years of age – Mayor or Vice                                                president of liga ng mga
          Mayor of ICC’s, component cities                                                barangay        and the
          or municipalities;                                                              pederasyon ng mga SB
     c. 18 years of age – members of                                            (iii.)    bayan
          ICC or component city or                                                     president of liga ng mga
          municipal council or punong                                                     barangay      and     the
          barangay      or    member     of                                               pederasyon      ng   mga
          barangay council;                                                               sanggunian kabataan
     d. at least 15 but not 21 years of
          age – candidate for sanggunian                                 3. Sectoral representatives – women,
          kabataan.                                                         worker, urban poor, and other
         (Sec. 39, RA 7160)                                                 sectors allowed by law.

Disqualification of Elective Local                                             Date of Election: Every 3 years on
Official:                                                                      2nd Monday of May, unless otherwise
1. sentenced by final judgment for                                             provided by law.
    offense involving moral turpitude or


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           26
                                                                                                MEMORY AID IN POLITICAL LAW



     Term of Office: 3 years starting                                    4. commission of offense involving
     from noon of June 30 next following                                    moral     turpitude     or     offense
     the election or such date as may be                                    punishable by at least prision mayor;
     provided by law, except that of                                     5. abuse of authority;
     elective barangay officials, for                                    6. unauthorized     absence     for    15
     maximum of 3 consecutive terms in                                      consecutive working days except
     same position.                                                         sanggunian members;
         Consecutive:      After    three                                7. application for, acquisition of ,
         consecutive terms, an elective                                     foreign citizenship or residence or
         local   official  cannot     seek                                  status of an immigrant of another
         immediate reelection for a                                         country; and
         fourth term. The prohibited                                     8. such other grounds as may be
         election refers to the next                                        provided in EC and other laws
         regular election for the same
         office following the end of the                                            Under Sec. 60 of RA 7160 an
         third consecutive term. Any                                                 elective local official may be
         other subsequent election, like a                                           removed from office on the
         recall election is no longer                                                grounds enumerated above
         covered by the prohibition                                                  by order of the proper court
         (Socrates vs. Comelec, G.R. No.                                             only (Salalima vs Guingona,
         154512, November 12, 2002).                                                 257 SCRA 55)

IX. GROUNDS FOR DISCIPLINARY
    ACTIONS:
1. disloyalty to the Republic;
2. culpable       violation    of                       the
    Constitution;




3. dishonesty, oppression, misconduct
   in office, gross negligence or
   dereliction of duty;


POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala
           San Beda College of Law                                                                                           27
                                                                                                        MEMORY AID IN POLITICAL LAW




POLITICAL LAW COMMITTEE
CHAIRPERSON: Jonathan Mangundayao  ASST. CHAIRPERSON: Andre Jacobo EDP: Shantel Aceret MEMBERS: Jeff
Alarilla, Carlo Bautista, Mark Anthony Bayquen, Ian Camara, Barbara Jill Clara, Ryan Co, Bethany Conde, Beatriz Geronilla, Mary
Ann Charisma Gutierrez, Christopher Linag, Hazel Manaog, Leah Merida, Jenery Perez. Fred Prieto, Russel Tacla, Ma.Melissa Yoro,
Joy Zabala

								
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